S. 507

One Hundred Sixth Congress

of the

United States of America

AT THE FIRST SESSION

Begun and held at the City of Washington on Wednesday,

the sixth day of January, one thousand nine hundred and ninety-nine

An Act

To provide for the conservation and development of water and related resources,

to authorize the United States Army Corps of Engineers to construct various

projects for improvements to rivers and harbors of the United States, and for

other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

Resources Development Act of 1999’’.

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

is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Definition of Secretary.

TITLE I—WATER RESOURCES PROJECTS

Sec. 101. Project authorizations.

Sec. 102. Small flood control projects.

Sec. 103. Small bank stabilization projects.

Sec. 104. Small navigation projects.

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

Sec. 106. Small aquatic ecosystem restoration projects.

TITLE II—GENERAL PROVISIONS

Sec. 201. Small flood control authority.

Sec. 202. Use of non-Federal funds for compiling and disseminating information on

floods and flood damage.

Sec. 203. Contributions by States and political subdivisions.

Sec. 204. Sediment decontamination technology.

Sec. 205. Control of aquatic plants.

Sec. 206. Use of continuing contracts for construction of certain projects.

Sec. 207. Water resources development studies for the Pacific region.

Sec. 208. Everglades and south Florida ecosystem restoration.

Sec. 209. Beneficial uses of dredged material.

Sec. 210. Aquatic ecosystem restoration.

Sec. 211. Watershed management, restoration, and development.

Sec. 212. Flood mitigation and riverine restoration program.

Sec. 213. Shore management program.

Sec. 214. Shore damage prevention or mitigation.

Sec. 215. Shore protection.

Sec. 216. Flood prevention coordination.

Sec. 217. Disposal of dredged material on beaches.

Sec. 218. Annual passes for recreation.

Sec. 219. Nonstructural flood control projects.

Sec. 220. Lakes program.

Sec. 221. Enhancement of fish and wildlife resources.

Sec. 222. Purchase of American-made equipment and products.

Sec. 223. Construction of flood control projects by non-Federal interests.

Sec. 224. Environmental dredging.

Sec. 225. Recreation user fees.

Sec. 226. Small storm damage reduction projects.
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Sec. 227. Use of private enterprises.

TITLE III—PROJECT-RELATED PROVISIONS

Sec. 301. Tennessee-Tombigbee Waterway wildlife mitigation, Alabama and Mississippi.

Sec. 302. Ouzinkie Harbor, Alaska.

Sec. 303. St. Paul Harbor, St. Paul, Alaska.

Sec. 304. Loggy Bayou, Red River below Denison Dam, Arkansas, Louisiana, Oklahoma, and Texas.

Sec. 305. Sacramento River, Glenn-Colusa, California.

Sec. 306. San Lorenzo River, California.

Sec. 307. Terminus Dam, Kaweah River, California.

Sec. 308. Delaware River mainstem and channel deepening, Delaware, New Jersey,

and Pennsylvania.

Sec. 309. Potomac River, Washington, District of Columbia.

Sec. 310. Brevard County, Florida.

Sec. 311. Broward County and Hillsboro Inlet, Florida.

Sec. 312. Lee County, Captiva Island segment, Florida, periodic beach nourishment.

Sec. 313. Fort Pierce, Florida.

Sec. 314. Nassau County, Florida.

Sec. 315. Miami Harbor channel, Florida.

Sec. 316. St. Augustine, St. Johns County, Florida.

Sec. 317. Milo Creek, Idaho.

Sec. 318. Lake Michigan, Illinois.

Sec. 319. Springfield, Illinois.

Sec. 320. Ogden Dunes, Indiana.

Sec. 321. Saint Joseph River, South Bend, Indiana.

Sec. 322. White River, Indiana.

Sec. 323. Dubuque, Iowa.

Sec. 324. Lake Pontchartrain, Louisiana.

Sec. 325. Larose to Golden Meadow, Louisiana.

Sec. 326. Louisiana State Penitentiary Levee, Louisiana.

Sec. 327. Twelve-Mile Bayou, Caddo Parish, Louisiana.

Sec. 328. West bank of the Mississippi River (east of Harvey Canal), Louisiana.

Sec. 329. Tolchester Channel S-Turn, Baltimore, Maryland.

Sec. 330. Sault Sainte Marie, Chippewa County, Michigan.

Sec. 331. Jackson County, Mississippi.

Sec. 332. Bois Brule Drainage and Levee District, Missouri.

Sec. 333. Meramec River Basin, Valley Park Levee, Missouri.

Sec. 334. Missouri River mitigation project, Missouri, Kansas, Iowa, and Nebraska.

Sec. 335. Wood River, Grand Island, Nebraska.

Sec. 336. Absecon Island, New Jersey.

Sec. 337. New York Harbor and Adjacent Channels, Port Jersey, New Jersey.

Sec. 338. Arthur Kill, New York and New Jersey.

Sec. 339. Kill Van Kull and Newark Bay Channels, New York and New Jersey.

Sec. 340. New York City watershed.

Sec. 341. New York State canal system.

Sec. 342. Fire Island Inlet to Montauk Point, New York.

Sec. 343. Broken Bow Lake, Red River Basin, Oklahoma.

Sec. 344. Willamette River Temperature Control, McKenzie Subbasin, Oregon.

Sec. 345. Curwensville Lake, Pennsylvania.

Sec. 346. Delaware River, Pennsylvania and Delaware.

Sec. 347. Mussers Dam, Pennsylvania.

Sec. 348. Philadelphia, Pennsylvania.

Sec. 349. Nine Mile Run, Allegheny County, Pennsylvania.

Sec. 350. Raystown Lake, Pennsylvania.

Sec. 351. South Central Pennsylvania.

Sec. 352. Fox Point hurricane barrier, Providence, Rhode Island.

Sec. 353. Cooper River, Charleston Harbor, South Carolina.

Sec. 354. Clear Creek, Texas.

Sec. 355. Cypress Creek, Texas.

Sec. 356. Dallas Floodway Extension, Dallas, Texas.

Sec. 357. Upper Jordan River, Utah.

Sec. 358. Elizabeth River, Chesapeake, Virginia.

Sec. 359. Columbia River channel, Washington and Oregon.

Sec. 360. Greenbrier River Basin, West Virginia.

Sec. 361. Bluestone Lake, Ohio River Basin, West Virginia.

Sec. 362. Moorefield, West Virginia.

Sec. 363. West Virginia and Pennsylvania flood control.

Sec. 364. Project reauthorizations.
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Sec. 365. Project deauthorizations.

Sec. 366. American and Sacramento Rivers, California.

Sec. 367. Martin, Kentucky.

Sec. 368. Southern West Virginia pilot program.

Sec. 369. Black Warrior and Tombigbee Rivers, Jackson, Alabama.

Sec. 370. Tropicana Wash and Flamingo Wash, Nevada.

Sec. 371. Comite River, Louisiana.

Sec. 372. St. Marys River, Michigan.

Sec. 373. Charlevoix, Michigan.

Sec. 374. White River Basin, Arkansas and Missouri.

Sec. 375. Waurika Lake, Oklahoma, water conveyance facilities.

TITLE IV—STUDIES

Sec. 401. Deep draft harbor cost sharing.

Sec. 402. Boydsville, Arkansas.

Sec. 403. Greers Ferry Lake, Arkansas.

Sec. 404. Del Norte County, California.

Sec. 405. Frazier Creek, Tulare County, California.

Sec. 406. Mare Island Strait, California.

Sec. 407. Strawberry Creek, Berkeley, California.

Sec. 408. Sweetwater Reservoir, San Diego County, California.

Sec. 409. Whitewater River basin, California.

Sec. 410. Destin-Noriega Point, Florida.

Sec. 411. Little Econlackhatchee River basin, Florida.

Sec. 412. Port Everglades, Broward County, Florida.

Sec. 413. Lake Allatoona, Etowah River, and Little River watershed, Georgia.

Sec. 414. Boise, Idaho.

Sec. 415. Goose Creek watershed, Oakley, Idaho.

Sec. 416. Little Wood River, Gooding, Idaho.

Sec. 417. Snake River, Lewiston, Idaho.

Sec. 418. Snake River and Payette River, Idaho.

Sec. 419. Upper Des Plaines River and tributaries, Illinois and Wisconsin.

Sec. 420. Cameron Parish west of Calcasieu River, Louisiana.

Sec. 421. Coastal Louisiana.

Sec. 422. Grand Isle and vicinity, Louisiana.

Sec. 423. Gulf Intracoastal Waterway ecosystem, Chef Menteur to Sabine River,

Louisiana.

Sec. 424. Muddy River, Brookline and Boston, Massachusetts.

Sec. 425. Westport, Massachusetts.

Sec. 426. St. Clair River and Lake St. Clair, Michigan.

Sec. 427. St. Clair Shores, Michigan.

Sec. 428. Woodtick Peninsula, Michigan, and Toledo Harbor, Ohio.

Sec. 429. Pascagoula Harbor, Mississippi.

Sec. 430. Tunica Lake weir, Mississippi.

Sec. 431. Yellowstone River, Montana.

Sec. 432. Las Vegas Valley, Nevada.

Sec. 433. Southwest Valley, Albuquerque, New Mexico.

Sec. 434. Cayuga Creek, New York.

Sec. 435. Lake Champlain, New York and Vermont.

Sec. 436. Oswego River basin, New York.

Sec. 437. White Oak River, North Carolina.

Sec. 438. Arcola Creek watershed, Madison, Ohio.

Sec. 439. Cleveland harbor, Cleveland, Ohio.

Sec. 440. Toussaint River, Carroll Township, Ohio.

Sec. 441. Western Lake Erie basin, Ohio, Indiana, and Michigan.

Sec. 442. Schuylkill River, Norristown, Pennsylvania.

Sec. 443. South Carolina coastal areas.

Sec. 444. Santee Delta focus area, South Carolina.

Sec. 445. Waccamaw River, South Carolina.

Sec. 446. Day County, South Dakota.

Sec. 447. Niobrara River and Missouri River, South Dakota.

Sec. 448. Corpus Christi, Texas.

Sec. 449. Mitchell’s Cut Channel (Caney Fork Cut), Texas.

Sec. 450. Mouth of Colorado River, Texas.

Sec. 451. Santa Clara River, Utah.

Sec. 452. Mount St. Helens, Washington.

Sec. 453. Kanawha River, Fayette County, West Virginia.

Sec. 454. West Virginia ports.

Sec. 455. John Glenn Great Lakes basin program.

Sec. 456. Great Lakes navigational system.

Sec. 457. Nutrient loading resulting from dredged material disposal.
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Sec. 458. Upper Mississippi and Illinois Rivers levees and streambanks protection.

Sec. 459. Upper Mississippi River comprehensive plan.

Sec. 460. Susquehanna River and Upper Chesapeake Bay.

TITLE V—MISCELLANEOUS PROVISIONS

Sec. 501. Corps assumption of NRCS projects.

Sec. 502. Environmental infrastructure.

Sec. 503. Contaminated sediment dredging technology.

Sec. 504. Dam safety.

Sec. 505. Great Lakes remedial action plans.

Sec. 506. Projects for improvement of the environment.

Sec. 507. Maintenance of navigation channels.

Sec. 508. Measurements of Lake Michigan diversions, Illinois.

Sec. 509. Upper Mississippi River environmental management program.

Sec. 510. Atlantic Coast of New York.

Sec. 511. Water control management.

Sec. 512. Beneficial use of dredged material.

Sec. 513. Design and construction assistance.

Sec. 514. Missouri and Middle Mississippi Rivers enhancement project.

Sec. 515. Irrigation diversion protection and fisheries enhancement assistance.

Sec. 516. Innovative technologies for watershed restoration.

Sec. 517. Expedited consideration of certain projects.

Sec. 518. Dog River, Alabama.

Sec. 519. Levees in Elba and Geneva, Alabama.

Sec. 520. Navajo Reservation, Arizona, New Mexico, and Utah.

Sec. 521. Beaver Lake, Arkansas, water supply storage reallocation.

Sec. 522. Beaver Lake trout production facility, Arkansas.

Sec. 523. Chino dairy preserve, California.

Sec. 524. Orange and San Diego Counties, California.

Sec. 525. Rush Creek, Novato, California.

Sec. 526. Santa Cruz Harbor, California.

Sec. 527. Lower St. Johns River basin, Florida.

Sec. 528. Mayo’s Bar Lock and Dam, Coosa River, Rome, Georgia.

Sec. 529. Comprehensive flood impact response modeling system, Coralville Reservoir and Iowa River watershed, Iowa.

Sec. 530. Additional construction assistance in Illinois.

Sec. 531. Kanopolis Lake, Kansas.

Sec. 532. Southern and Eastern Kentucky.

Sec. 533. Southeast Louisiana.

Sec. 534. Snug Harbor, Maryland.

Sec. 535. Welch Point, Elk River, Cecil County, and Chesapeake City, Maryland.

Sec. 536. Cape Cod Canal Railroad Bridge, Buzzards Bay, Massachusetts.

Sec. 537. St. Louis, Missouri.

Sec. 538. Beaver Branch of Big Timber Creek, New Jersey.

Sec. 539. Lake Ontario and St. Lawrence River water levels, New York.

Sec. 540. New York-New Jersey Harbor, New York and New Jersey.

Sec. 541. Sea Gate Reach, Coney Island, New York, New York.

Sec. 542. Woodlawn, New York.

Sec. 543. Floodplain mapping, New York.

Sec. 544. Toussaint River, Carroll Township, Ottawa County, Ohio.

Sec. 545. Sardis Reservoir, Oklahoma.

Sec. 546. Skinner Butte Park, Eugene, Oregon.

Sec. 547. Willamette River basin, Oregon.

Sec. 548. Bradford and Sullivan Counties, Pennsylvania.

Sec. 549. Erie Harbor, Pennsylvania.

Sec. 550. Point Marion Lock and Dam, Pennsylvania.

Sec. 551. Seven Points’ Harbor, Pennsylvania.

Sec. 552. Southeastern Pennsylvania.

Sec. 553. Upper Susquehanna-Lackawanna, Pennsylvania, watershed management

and restoration study.

Sec. 554. Aguadilla Harbor, Puerto Rico.

Sec. 555. Oahe Dam to Lake Sharpe, South Dakota, study.

Sec. 556. North Padre Island storm damage reduction and environmental restoration project.

Sec. 557. Northern West Virginia.

Sec. 558. Mississippi River Commission.

Sec. 559. Coastal aquatic habitat management.

Sec. 560. Abandoned and inactive noncoal mine restoration.

Sec. 561. Beneficial use of waste tire rubber.

Sec. 562. Site designation.

Sec. 563. Land conveyances.
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Sec. 564. McNary Pool, Washington.

Sec. 565. Namings.

Sec. 566. Folsom Dam and Reservoir additional storage and additional flood control

studies.

Sec. 567. Wallops Island, Virginia.

Sec. 568. Detroit River, Michigan.

Sec. 569. Northeastern Minnesota.

Sec. 570. Alaska.

Sec. 571. Central West Virginia.

Sec. 572. Sacramento Metropolitan Area watershed restoration, California.

Sec. 573. Onondaga Lake, New York.

Sec. 574. East Lynn Lake, West Virginia.

Sec. 575. Eel River, California.

Sec. 576. North Little Rock, Arkansas.

Sec. 577. Upper Mississippi River, Mississippi Place, St. Paul, Minnesota.

Sec. 578. Dredging of salt ponds in the State of Rhode Island.

Sec. 579. Upper Susquehanna River basin, Pennsylvania and New York.

Sec. 580. Cumberland, Maryland, flood project mitigation.

Sec. 581. City of Miami Beach, Florida.

Sec. 582. Research and development program for Columbia and Snake Rivers salmon survival.

Sec. 583. Larkspur Ferry Channel, California.

Sec. 584. Holes Creek flood control project, Ohio.

Sec. 585. San Jacinto disposal area, Galveston, Texas.

Sec. 586. Water monitoring station.

Sec. 587. Overflow management facility, Rhode Island.

Sec. 588. Lower Chena River, Alaska.

Sec. 589. Numana Dam Fish passage, Nevada.

Sec. 590. Embrey Dam, Virginia.

Sec. 591. Environmental remediation, Front Royal, Virginia.

Sec. 592. Mississippi.

Sec. 593. Central New Mexico.

Sec. 594. Ohio.

Sec. 595. Rural Nevada and Montana.

Sec. 596. Phoenix, Arizona.

Sec. 597. National Harbor, Maryland.

TITLE VI—CHEYENNE RIVER SIOUX TRIBE, LOWER BRULE SIOUX TRIBE,

AND STATE OF SOUTH DAKOTA TERRESTRIAL WILDLIFE HABITAT RESTORATION

Sec. 601. Definitions.

Sec. 602. Terrestrial wildlife habitat restoration.

Sec. 603. South Dakota Terrestrial Wildlife Habitat Restoration Trust Fund.

Sec. 604. Cheyenne River Sioux Tribe and Lower Brule Sioux Tribe Terrestrial

Wildlife Habitat Restoration Trust Funds.

Sec. 605. Transfer of Federal land to State of South Dakota.

Sec. 606. Transfer of Corps of Engineers land for Indian tribes.

Sec. 607. Administration.

Sec. 608. Study.

Sec. 609. Authorization of appropriations.

SEC. 2. DEFINITION OF SECRETARY.

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

Army.

TITLE I—WATER RESOURCES

PROJECTS

SEC. 101. PROJECT AUTHORIZATIONS.

(a) PROJECTS WITH CHIEF’S REPORTS.—The following projects

for water resources development and conservation and other purposes are authorized to be carried out by the Secretary substantially

in accordance with the plans, and subject to the conditions,

described in the respective reports designated in this subsection:

(1) NOME HARBOR IMPROVEMENTS, ALASKA.—The project for

navigation, Nome Harbor improvements, Alaska: Report of the
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Chief of Engineers dated June 8, 1999, as amended by the

Chief of Engineers on August 2, 1999, at a total cost of

$25,651,000, with an estimated Federal cost of $20,192,000

and an estimated non-Federal cost of $5,459,000.

(2) SAND POINT HARBOR, ALASKA.—The project for navigation, Sand Point Harbor, Alaska: Report of the Chief of Engineers dated October 13, 1998, at a total cost of $11,760,000,

with an estimated Federal cost of $6,964,000 and an estimated

non-Federal cost of $4,796,000.

(3) SEWARD HARBOR, ALASKA.—The project for navigation,

Seward Harbor, Alaska: Report of the Chief of Engineers dated

June 8, 1999, at a total cost of $12,240,000, with an estimated

Federal cost of $4,089,000 and an estimated non-Federal cost

of $8,151,000.

(4) RIO SALADO (SALT RIVER), PHOENIX AND TEMPE,

ARIZONA.—The project for flood control and environmental restoration, Rio Salado (Salt River), Phoenix and Tempe, Arizona:

Report of the Chief of Engineers dated August 20, 1998, at

a total cost of $88,048,000, with an estimated Federal cost

of $56,355,000 and an estimated non-Federal cost of

$31,693,000.

(5) TUCSON DRAINAGE AREA, ARIZONA.—The project for flood

damage reduction, environmental restoration, and recreation,

Tucson drainage area, Arizona: Report of the Chief of Engineers

dated May 20, 1998, at a total cost of $29,900,000, with an

estimated Federal cost of $16,768,000 and an estimated nonFederal cost of $13,132,000.

(6) AMERICAN AND SACRAMENTO RIVERS, CALIFORNIA.— (A) IN GENERAL.—The Folsom Dam Modification portion of the Folsom Modification Plan described in the

United States Army Corps of Engineers Supplemental

Information Report for the American River Watershed

Project, California, dated March 1996, as modified by the

report entitled ‘‘Folsom Dam Modification Report, New Outlets Plan’’, dated March 1998, prepared by the Sacramento

Area Flood Control Agency, at an estimated cost of

$150,000,000, with an estimated Federal cost of

$97,500,000 and an estimated non-Federal cost of

$52,500,000. The Secretary shall coordinate with the Secretary of the Interior with respect to the design and

construction of modifications at Folsom Dam authorized

by this paragraph.

(B) REOPERATION MEASURES.—Upon completion of the

improvements to Folsom Dam authorized by subparagraph

(A), the variable space allocated to flood control within

the Reservoir shall be reduced from the current operating

range of 400,000–670,000 acre-feet to 400,000–600,000

acre-feet.

(C) MAKEUP OF WATER SHORTAGES CAUSED BY FLOOD

CONTROL OPERATION.—The Secretary of the Interior shall

enter into, or modify, such agreements with the Sacramento

Area Flood Control Agency regarding the operation of

Folsom Dam and reservoir as may be necessary in order

that, notwithstanding any prior agreement or provision

of law, 100 percent of the water needed to make up for

any water shortage caused by variable flood control operation during any year at Folsom Dam and resulting in
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a significant impact on recreation at Folsom Reservoir shall

be replaced, to the extent the water is available for purchase, by the Secretary of the Interior.

(D) SIGNIFICANT IMPACT ON RECREATION.—For the purposes of this paragraph, a significant impact on recreation

is defined as any impact that results in a lake elevation

at Folsom Reservoir below 435 feet above sea level starting

on May 15 and ending on September 15 of any given

year.

(E) UPDATED FLOOD MANAGEMENT PLAN.—The Secretary, in cooperation with the Secretary of the Interior,

shall update the flood management plan for Folsom Dam

authorized by section 9159(f)(2) of the Department of

Defense Appropriations Act, 1993 (106 Stat. 1946), to reflect

the operational capabilities created by the modification

authorized by subparagraph (A) and improved weather

forecasts based on the Advanced Hydrologic Prediction

System of the National Weather Service.

(7) OAKLAND HARBOR, CALIFORNIA.—The project for navigation, Oakland Harbor, California: Report of the Chief of Engineers dated April 21, 1999, at a total cost of $252,290,000,

with an estimated Federal cost of $128,081,000 and an estimated non-Federal cost of $124,209,000.

(8) SOUTH SACRAMENTO COUNTY STREAMS, CALIFORNIA.—

The project for flood control, environmental restoration and

recreation, South Sacramento County streams, California:

Report of the Chief of Engineers dated October 6, 1998, at

a total cost of $65,500,000, with an estimated Federal cost

of $41,200,000 and an estimated non-Federal cost of

$24,300,000.

(9) UPPER GUADALUPE RIVER, CALIFORNIA.—Construction of

the locally preferred plan for flood damage reduction and recreation, Upper Guadalupe River, California, described as the

Bypass Channel Plan of the Chief of Engineers dated August

19, 1998, at a total cost of $140,328,000, with an estimated

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

of $96,328,000.

(10) YUBA RIVER BASIN, CALIFORNIA.—The project for flood

damage reduction, Yuba River Basin, California: Report of the

Chief of Engineers dated November 25, 1998, at a total cost

of $26,600,000, with an estimated Federal cost of $17,350,000

and an estimated non-Federal cost of $9,250,000.

(11) DELAWARE BAY COASTLINE, DELAWARE AND NEW

JERSEY-BROADKILL BEACH, DELAWARE.—The project for hurricane and storm damage reduction, Delaware Bay coastline,

Delaware and New Jersey-Broadkill Beach, Delaware: Report

of the Chief of Engineers dated August 17, 1998, at a total

cost of $9,049,000, with an estimated Federal cost of $5,674,000

and an estimated non-Federal cost of $3,375,000, and at an

estimated average annual cost of $538,200 for periodic nourishment over the 50-year life of the project, with an estimated

annual Federal cost of $349,800 and an estimated annual nonFederal cost of $188,400.

(12) DELAWARE BAY COASTLINE, DELAWARE AND NEW

JERSEY-PORT MAHON, DELAWARE.—The project for ecosystem restoration, Delaware Bay coastline, Delaware and New JerseyPort Mahon, Delaware: Report of the Chief of Engineers dated
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September 28, 1998, at a total cost of $7,644,000, with an

estimated Federal cost of $4,969,000 and an estimated nonFederal cost of $2,675,000, and at an estimated average annual

cost of $234,000 for periodic nourishment over the 50-year

life of the project, with an estimated annual Federal cost of

$152,000 and an estimated annual non-Federal cost of $82,000.

(13) DELAWARE BAY COASTLINE, DELAWARE AND NEW

JERSEY-ROOSEVELT INLET-LEWES BEACH, DELAWARE.—The

project for navigation mitigation and hurricane and storm damage reduction, Delaware Bay coastline, Delaware and New

Jersey-Roosevelt Inlet-Lewes Beach, Delaware: Report of the

Chief of Engineers dated February 3, 1999, at a total cost

of $3,393,000, with an estimated Federal cost of $2,620,000

and an estimated non-Federal cost of $773,000, and at an

estimated average annual cost of $196,000 for periodic nourishment over the 50-year life of the project, with an estimated

annual Federal cost of $152,000 and an estimated annual nonFederal cost of $44,000.

(14) DELAWARE BAY COASTLINE, DELAWARE AND NEW

JERSEY-VILLAS AND VICINITY, NEW JERSEY.—The project for

shore protection and ecosystem restoration, Delaware Bay

coastline, Delaware and New Jersey-Villas and vicinity, New

Jersey: Report of the Chief of Engineers dated April 21, 1999,

at a total cost of $7,520,000, with an estimated Federal cost

of $4,888,000 and an estimated non-Federal cost of $2,632,000.

(15) DELAWARE COAST FROM CAPE HENELOPEN TO FENWICK

ISLAND, BETHANY BEACH/SOUTH BETHANY BEACH, DELAWARE.—

The project for hurricane and storm damage reduction, Delaware Coast from Cape Henelopen to Fenwick Island, Bethany

Beach/South Bethany Beach, Delaware: Report of the Chief

of Engineers dated April 21, 1999, at a total cost of $22,205,000,

with an estimated Federal cost of $14,433,000 and an estimated

non-Federal cost of $7,772,000, and at an estimated average

annual cost of $1,584,000 for periodic nourishment over the

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

cost of $1,030,000 and an estimated annual non-Federal cost

of $554,000.

(16) HILLSBORO AND OKEECHOBEE AQUIFER, FLORIDA.—The

project for aquifer storage and recovery described in the Corps

of Engineers Central and Southern Florida Water Supply Study,

Florida, dated April 1989, and in House Document 369, dated

July 30, 1968, at a total cost of $27,000,000, with an estimated

Federal cost of $13,500,000 and an estimated non-Federal cost

of $13,500,000.

(17) JACKSONVILLE HARBOR, FLORIDA.—The project for

navigation, Jacksonville Harbor, Florida: Report of the Chief

of Engineers dated April 21, 1999, at a total cost of $26,116,000,

with an estimated Federal cost of $9,129,000 and an estimated

non-Federal cost of $16,987,000.

(18) TAMPA HARBOR-BIG BEND CHANNEL, FLORIDA.—The

project for navigation, Tampa Harbor-Big Bend Channel,

Florida: Report of the Chief of Engineers dated October 13,

1998, at a total cost of $12,356,000, with an estimated Federal

cost of $6,235,000 and an estimated non-Federal cost of

$6,121,000.
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(19) BRUNSWICK HARBOR, GEORGIA.—The project for navigation, Brunswick Harbor, Georgia: Report of the Chief of Engineers dated October 6, 1998, at a total cost of $50,717,000,

with an estimated Federal cost of $32,966,000 and an estimated

non-Federal cost of $17,751,000.

(20) BEARGRASS CREEK, KENTUCKY.—The project for flood

control, Beargrass Creek, Kentucky: Report of the Chief of

Engineers dated May 12, 1998, at a total cost of $11,171,300,

with an estimated Federal cost of $7,261,500 and an estimated

non-Federal cost of $3,909,800.

(21) AMITE RIVER AND TRIBUTARIES, LOUISIANA, EAST BATON

ROUGE PARISH WATERSHED.—The project for flood damage reduction and recreation, Amite River and Tributaries, Louisiana,

East Baton Rouge Parish Watershed: Report of the Chief of

Engineers dated December 23, 1996, at a total cost of

$112,900,000, with an estimated Federal cost of $73,400,000

and an estimated non-Federal cost of $39,500,000.

(22) BALTIMORE HARBOR ANCHORAGES AND CHANNELS,

MARYLAND AND VIRGINIA.—

(A) IN GENERAL.—The project for navigation, Baltimore

Harbor Anchorages and Channels, Maryland and Virginia,

Report of the Chief of Engineers dated June 8, 1998, at

a total cost of $28,426,000, with an estimated Federal

cost of $18,994,000 and an estimated non-Federal cost of

$9,432,000.

(B) CREDIT OR REIMBURSEMENT.—If a project cooperation agreement is entered into, the non-Federal interest

shall receive credit toward, or reimbursement of, the Federal share of project costs for construction work performed

by the non-Federal interest before execution of the project

cooperation agreement if the Secretary finds the work to

be integral to the project.

(C) STUDY OF MODIFICATIONS.—During the

preconstruction engineering and design phase of the

project, the Secretary shall conduct a study to determine

the feasibility of undertaking further modifications to the

Dundalk Marine Terminal access channels, consisting of—

(i) deepening and widening the Dundalk access

channels to a depth of 50 feet and a width of 500

feet;

(ii) widening the flares of the access channels;

and

(iii) providing a new flare on the west side of

the entrance to the east access channel.

(D) REPORT.—

(i) IN GENERAL.—Not later than March 1, 2000,

the Secretary shall submit to Congress a report on

the study under subparagraph (C).

(ii) CONTENTS.—The report shall include a determination of—

(I) the feasibility of performing the project

modifications described in subparagraph (C); and

(II) the appropriateness of crediting or

reimbursing the Federal share of the cost of the

work performed by the non-Federal interest on

the project modifications.
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(23) RED LAKE RIVER AT CROOKSTON, MINNESOTA.—The

project for flood control, Red Lake River at Crookston, Minnesota: Report of the Chief of Engineers dated April 20, 1998,

at a total cost of $8,950,000, with an estimated Federal cost

of $5,720,000 and an estimated non-Federal cost of $3,230,000.

(24) TURKEY CREEK BASIN, KANSAS CITY, MISSOURI, AND

KANSAS CITY, KANSAS.—The project for flood damage reduction,

Turkey Creek Basin, Kansas City, Missouri, and Kansas City,

Kansas: Report of the Chief of Engineers dated April 21, 1999,

at a total cost of $42,875,000, with an estimated Federal cost

of $25,596,000 and an estimated non-Federal cost of

$17,279,000.

(25) LOWER CAPE MAY MEADOWS, CAPE MAY POINT, NEW

JERSEY.—The project for navigation mitigation, ecosystem restoration, shore protection, and hurricane and storm damage

reduction, Lower Cape May Meadows, Cape May Point, New

Jersey: Report of the Chief of Engineers dated April 5, 1999,

at a total cost of $15,952,000, with an estimated Federal cost

of $12,118,000 and an estimated non-Federal cost of $3,834,000,

and at an estimated average annual cost of $1,114,000 for

periodic nourishment over the 50-year life of the project, with

an estimated annual Federal cost of $897,000 and an estimated

annual non-Federal cost of $217,000.

(26) TOWNSENDS INLET TO CAPE MAY INLET, NEW JERSEY.—

The project for hurricane and storm damage reduction, shore

protection, and ecosystem restoration, Townsends Inlet to Cape

May Inlet, New Jersey: Report of the Chief of Engineers dated

September 28, 1998, at a total cost of $56,503,000, with an

estimated Federal cost of $36,727,000 and an estimated nonFederal cost of $19,776,000, and at an estimated average

annual cost of $2,000,000 for periodic nourishment over the

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

cost of $1,300,000 and an estimated annual non-Federal cost

of $700,000.

(27) GUANAJIBO RIVER, PUERTO RICO.— (A) IN GENERAL.—The project for flood control,

Guanajibo River, Puerto Rico: Report of the Chief of Engineers dated February 27, 1996, at a total cost of

$27,031,000, with an estimated Federal cost of $20,273,250

and an estimated non-Federal cost of $6,757,750.

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

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

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

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

(28) RIO GRANDE DE MANATI, BARCELONETA, PUERTO RICO.—

The project for flood control, Rio Grande De Manati,

Barceloneta, Puerto Rico: Report of the Chief of Engineers

dated January 22, 1999, at a total cost of $13,491,000, with

an estimated Federal cost of $8,785,000 and an estimated nonFederal cost of $4,706,000.

(29) RIO NIGUA, SALINAS, PUERTO RICO.—The project for

flood control, Rio Nigua, Salinas, Puerto Rico: Report of the

Chief of Engineers dated April 15, 1997, at a total cost of

$13,702,000, with an estimated Federal cost of $7,645,000 and

an estimated non-Federal cost of $6,057,000.

(30) SALT CREEK, GRAHAM, TEXAS.—The project for flood

control, environmental restoration, and recreation, Salt Creek,
S. 507—11

Graham, Texas: Report of the Chief of Engineers dated October

6, 1998, at a total cost of $10,080,000, with an estimated

Federal cost of $6,560,000 and an estimated non-Federal cost

of $3,520,000.

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

projects for water resources development and conservation and other

purposes are authorized to be carried out by the Secretary substantially in accordance with the plans, and subject to the conditions,

recommended in a final report of the Chief of Engineers if a favorable report of the Chief is completed not later than December

31, 1999:

(1) HERITAGE HARBOR, WRANGELL, ALASKA.—The project for

navigation, Heritage Harbor, Wrangell, Alaska, at a total cost

of $24,556,000, with an estimated Federal cost of $14,447,000

and estimated non-Federal cost of $10,109,000.

(2) ARROYO PASAJERO, CALIFORNIA.—The project for flood

damage reduction, Arroyo Pasajero, California, at a total cost

of $260,700,000, with an estimated Federal cost of $170,100,000

and an estimated non-Federal cost of $90,600,000.

(3) HAMILTON AIRFIELD, CALIFORNIA.—The project for

environmental restoration, Hamilton Airfield, California, at a

total cost of $55,200,000, with an estimated Federal cost of

$41,400,000 and an estimated non-Federal cost of $13,800,000.

(4) SUCCESS DAM, TULE RIVER BASIN, CALIFORNIA.—The

project for flood damage reduction and water supply, Success

Dam, Tule River basin, California, at a total cost of $17,900,000,

with an estimated Federal cost of $11,635,000 and an estimated

non-Federal cost of $6,265,000.

(5) DELAWARE BAY COASTLINE, DELAWARE AND NEW JERSEY:

OAKWOOD BEACH, NEW JERSEY.—The project for shore protection, Delaware Bay coastline, Delaware and New Jersey: Oakwood Beach, New Jersey, at a total cost of $3,360,000, with

an estimated Federal cost of $2,184,000 and an estimated nonFederal cost of $1,176,000, and at an estimated average annual

cost of $81,000 for periodic nourishment over the 50-year life

of the project, with an estimated annual Federal cost of $53,000

and an estimated annual non-Federal cost of $28,000.

(6) DELAWARE BAY COASTLINE, DELAWARE AND NEW JERSEY:

REEDS BEACH AND PIERCES POINT, NEW JERSEY.—The project

for shore protection and ecosystem restoration, Delaware Bay

coastline, Delaware and New Jersey: Reeds Beach and Pierces

Point, New Jersey, at a total cost of $4,057,000, with an estimated Federal cost of $2,637,000 and an estimated non-Federal

cost of $1,420,000.

(7) LITTLE TALBOT ISLAND, DUVAL COUNTY, FLORIDA.—The

project for hurricane and storm damage prevention and shore

protection, Little Talbot Island, Duval County, Florida, at a

total cost of $5,915,000, with an estimated Federal cost of

$3,839,000 and an estimated non-Federal cost of $2,076,000.

(8) PONCE DE LEON INLET, FLORIDA.—The project for navigation and related purposes, Ponce de Leon Inlet, Volusia County,

Florida, at a total cost of $5,454,000, with an estimated Federal

cost of $2,988,000 and an estimated non-Federal cost of

$2,466,000.

(9) SAVANNAH HARBOR EXPANSION, GEORGIA.—

(A) IN GENERAL.—Subject to subparagraph (B), the

project for navigation, Savannah Harbor expansion,
S. 507—12

Georgia, including implementation of the mitigation plan,

with such modifications as the Secretary considers appropriate, at a total cost of $230,174,000 (of which amount

a portion is authorized for implementation of the mitigation

plan), with an estimated Federal cost of $145,160,000 and

an estimated non-Federal cost of $85,014,000.

(B) CONDITIONS.—The project authorized by subparagraph (A) may be carried out only after—

(i) the Secretary, in consultation with affected Federal, State of Georgia, State of South Carolina,

regional, and local entities, reviews and approves an

environmental impact statement for the project that

includes—

(I) an analysis of the impacts of project depth

alternatives ranging from 42 feet through 48 feet;

and

(II) a selected plan for navigation and an associated mitigation plan as required under section

906(a) of the Water Resources Development Act

of 1986 (33 U.S.C. 2283(a)); and

(ii) the Secretary of the Interior, the Secretary

of Commerce, the Administrator of the Environmental

Protection Agency, and the Secretary approve the

selected plan and determine that the associated mitigation plan adequately addresses the potential environmental impacts of the project.

(C) MITIGATION REQUIREMENTS.—The mitigation plan

shall be implemented before or concurrently with construction of the project.

(10) DES PLAINES RIVER, ILLINOIS.—The project for flood

control, Des Plaines River, Illinois, at a total cost of $48,800,000

with an estimated Federal cost of $31,700,000 and an estimated

non-Federal cost of $17,100,000.

(11) REELFOOT LAKE, KENTUCKY AND TENNESSEE.—The

project for ecosystem restoration, Reelfoot Lake, Kentucky and

Tennessee, at a total cost of $35,287,000, with an estimated

Federal cost of $23,601,000 and an estimated non-Federal cost

of $11,686,000.

(12) BRIGANTINE INLET TO GREAT EGG HARBOR, BRIGANTINE

ISLAND, NEW JERSEY.—The project for hurricane and storm

damage reduction and shore protection, Brigantine Inlet to

Great Egg Harbor, Brigantine Island, New Jersey, at a total

cost of $4,970,000, with an estimated Federal cost of $3,230,000

and an estimated non-Federal cost of $1,740,000, and at an

estimated average annual cost of $465,000 for periodic nourishment over the 50-year life of the project, with an estimated

annual Federal cost of $302,000 and an estimated annual nonFederal cost of $163,000.

(13) COLUMBIA RIVER CHANNEL, OREGON AND WASHINGTON.—The project for navigation, Columbia River Channel,

Oregon and Washington, at a total cost of $183,623,000, with

an estimated Federal cost of $106,132,000 and an estimated

non-Federal cost of $77,491,000.

(14) JOHNSON CREEK, ARLINGTON, TEXAS.—The project for

flood damage reduction, environmental restoration, and recreation, Johnson Creek, Arlington, Texas, at a total cost of
S. 507—13

$20,300,000, with an estimated Federal cost of $12,000,000

and an estimated non-Federal cost of $8,300,000.

(15) HOWARD HANSON DAM, WASHINGTON.—The project for

water supply and ecosystem restoration, Howard Hanson Dam,

Washington, at a total cost of $75,600,000, with an estimated

Federal cost of $36,900,000 and an estimated non-Federal cost

of $38,700,000.

SEC. 102. SMALL FLOOD CONTROL PROJECTS.

(a) IN GENERAL.—The Secretary shall conduct a study for each

of the following projects and, if the Secretary determines that

a project is feasible, may carry out the project under section 205

of the Flood Control Act of 1948 (33 U.S.C. 701s).

(1) EYAK RIVER, CORDOVA, ALASKA.—Project for flood damage reduction, Eyak River, Cordova, Alaska.

(2) SALCHA RIVER AND PILEDRIVER SLOUGH, FAIRBANKS,

ALASKA.—Project for flood damage reduction to protect against

surface water flooding, lower Salcha River and Piledriver

Slough from its headwaters at the mouth of the Salcha River

to the Chena Lakes Flood Control Project, Fairbanks, Alaska.

(3) LANCASTER, CALIFORNIA.—Project for flood control, Lancaster, California, westside stormwater retention facility.

(4) MAGPIE CREEK, CALIFORNIA.—Project for flood control,

Magpie Creek, California, located within the boundaries of

McClellan Air Force Base.

(5) GATEWAY TRIANGLE AREA, FLORIDA.—Project for flood

control, Gateway Triangle area, Collier County, Florida.

(6) PLANT CITY, FLORIDA.—Project for flood control, Plant

City, Florida.

(7) STONE ISLAND, LAKE MONROE, FLORIDA.—Project for

flood control, Stone Island, Lake Monroe, Florida.

(8) OHIO RIVER, ILLINOIS.—Project for flood control, Ohio

River, Illinois.

(9) HAMILTON DAM, MICHIGAN.—Project for flood control,

Hamilton Dam, Michigan.

(10) REPAUPO CREEK AND DELAWARE RIVER, GLOUCESTER

COUNTY, NEW JERSEY.—Project for tidegate and levee improvements for Repaupo Creek and the Delaware River, Gloucester

County, New Jersey.

(11) IRONDEQUOIT CREEK, NEW YORK.—Project for flood control, Irondequoit Creek watershed, New York.

(12) OWASCO LAKE SEAWALL, NEW YORK.—Project for flood

control, Owasco Lake seawall, New York.

(13) PORT CLINTON, OHIO.—Project for flood control, Port

Clinton, Ohio.

(14) ABINGTON TOWNSHIP, PENNSYLVANIA.—Project for flood

control, Baeder and Wanamaker Roads, Abington Township,

Pennsylvania.

(15) PORT INDIAN, WEST NORRITON TOWNSHIP, MONTGOMERY

COUNTY, PENNSYLVANIA.—Project for flood control, Port Indian,

West Norriton Township, Montgomery County, Pennsylvania.

(16) PORT PROVIDENCE, UPPER PROVIDENCE TOWNSHIP,

PENNSYLVANIA.—Project for flood control, Port Providence,

Upper Providence Township, Pennsylvania.

(17) SPRINGFIELD TOWNSHIP, MONTGOMERY COUNTY,

PENNSYLVANIA.—Project for flood control, Springfield Township,

Montgomery County, Pennsylvania.
S. 507—14

(18) TAWNEY RUN CREEK, PENNSYLVANIA.—Project for flood

control, Tawney Run Creek, Allegheny County, Pennsylvania.

(19) WISSAHICKON WATERSHED, PENNSYLVANIA.—Project for

flood control, Wissahickon watershed, Philadelphia, Pennsylvania.

(20) TIOGA COUNTY, PENNSYLVANIA.—Project for flood control, Tioga River and Cowanesque River and their tributaries,

Tioga County, Pennsylvania.

(21) FIRST CREEK, KNOXVILLE, TENNESSEE.—Project for flood

control, First Creek, Knoxville, Tennessee.

(22) METRO CENTER LEVEE, CUMBERLAND RIVER, NASHVILLE,

TENNESSEE.—Project for flood control, Metro Center Levee,

Cumberland River, Nashville, Tennessee.

(b) FESTUS AND CRYSTAL CITY, MISSOURI.—

(1) MAXIMUM FEDERAL EXPENDITURE.—The maximum

amount of Federal funds that may be expended for the project

for flood control, Festus and Crystal City, Missouri, is

$10,000,000.

(2) REVISION OF PROJECT COOPERATION AGREEMENT.—The

Secretary shall revise the project cooperation agreement for

the project described in paragraph (1) to take into account

the change in the Federal participation in the project under

paragraph (1).

SEC. 103. SMALL BANK STABILIZATION PROJECTS.

(a) IN GENERAL.—The Secretary shall conduct a study for each

of the following projects and, if the Secretary determines that

a project is feasible, may carry out the project under section 14

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

(1) ARCTIC OCEAN, BARROW, ALASKA.—Project for storm

damage reduction and coastal erosion, Barrow, Alaska.

(2) SAINT JOSEPH RIVER, INDIANA.—Project for streambank

erosion control, Saint Joseph River, Indiana.

(3) SAGINAW RIVER, BAY CITY, MICHIGAN.—Project for

streambank erosion control, Saginaw River, Bay City, Michigan.

(4) BIG TIMBER CREEK, NEW JERSEY.—Project for

streambank erosion control, Big Timber Creek, New Jersey.

(5) LAKE SHORE ROAD, ATHOL SPRINGS, NEW YORK.—Project

for streambank erosion control, Lake Shore Road, Athol

Springs, New York.

(6) MARIST COLLEGE, POUGHKEEPSIE, NEW YORK.—Project

for streambank erosion control, Marist College, Poughkeepsie,

New York.

(7) MONROE COUNTY, OHIO.—Project for streambank erosion

control, Monroe County, Ohio.

(8) GREEN VALLEY, WEST VIRGINIA.—Project for streambank

erosion control, Green Valley, West Virginia.

(b) YELLOWSTONE RIVER, BILLINGS, MONTANA.—The

streambank protection project at Coulson Park, along the Yellowstone River, Billings, Montana, shall be eligible for assistance under

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

SEC. 104. SMALL NAVIGATION PROJECTS.

The Secretary shall conduct a study for each of the following

projects and, if the Secretary determines that a project is feasible,

may carry out the project under section 107 of the River and

Harbor Act of 1960 (33 U.S.C. 577).
S. 507—15

(1) GRAND MARAIS, ARKANSAS.—Project for navigation,

Grand Marais, Arkansas.

(2) FIELDS LANDING CHANNEL, HUMBOLDT HARBOR, CALIFORNIA.—Project for navigation, Fields Landing Channel, Humboldt Harbor, California.

(3) SAN MATEO (PILLAR POINT HARBOR), CALIFORNIA.—Project

for navigation, San Mateo (Pillar Point Harbor), California.

(4) AGANA MARINA, GUAM.—Project for navigation, Agana

Marina, Guam.

(5) AGAT MARINA, GUAM.—Project for navigation, Agat

Marina, Guam.

(6) APRA HARBOR FUEL PIERS, GUAM.—Project for navigation, Apra Harbor Fuel Piers, Guam.

(7) APRA HARBOR PIER F–6, GUAM.—Project for navigation,

Apra Harbor Pier F–6, Guam.

(8) APRA HARBOR SEAWALL, GUAM.—Project for navigation

including a seawall, Apra Harbor, Guam.

(9) GUAM HARBOR, GUAM.—Project for navigation, Guam

Harbor, Guam.

(10) ILLINOIS RIVER NEAR CHAUTAUQUA PARK, ILLINOIS.—

Project for navigation, Illinois River near Chautauqua Park,

Illinois.

(11) WHITING SHORELINE WATERFRONT, WHITING, INDIANA.—

Project for navigation, Whiting shoreline waterfront, Whiting,

Indiana.

(12) UNION RIVER, ELLSWORTH, MAINE.—Project for navigation, Union River, Ellsworth, Maine.

(13) NARAGUAGUS RIVER, MACHIAS, MAINE.—Project for

navigation, Naraguagus River, Machias, Maine.

(14) DETROIT RIVER, MICHIGAN.—Project for navigation,

Detroit River, Michigan, including dredging and removal of

a reef.

(15) FORTESCUE INLET, DELAWARE BAY, NEW JERSEY.— Project for navigation, Fortescue Inlet, Delaware Bay, New

Jersey.

(16) BRADDOCK BAY, GREECE, NEW YORK.—Project for

navigation, Braddock Bay, Greece, New York.

(17) BUFFALO AND LASALLE PARK, NEW YORK.—Project for

navigation, Buffalo and LaSalle Park, New York.

(18) STURGEON POINT, NEW YORK.—Project for navigation,

Sturgeon Point, New York.

(19) FAIRPORT HARBOR, OHIO.—Project for navigation,

Fairport Harbor, Ohio, including a recreation channel.

SEC. 105. SMALL PROJECTS FOR IMPROVEMENT OF THE QUALITY OF

THE ENVIRONMENT.

(a) IN GENERAL.—The Secretary shall conduct a study for each

of the following projects and, if the Secretary determines that

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

1135(a) of the Water Reseources Development Act of 1986 (33

U.S.C. 2309a(a):

(1) ILLINOIS RIVER IN THE VICINITY OF HAVANA, ILLINOIS.—

Project for improvement of the quality of the environment,

Illinois River in the vicinity of Havana, Illinois.

(2) KNITTING MILL CREEK, VIRGINIA.—Project for improvement of the quality of the environment, Knitting Mill Creek,

Virginia.
S. 507—16

(b) PINE FLAT DAM, KINGS RIVER, CALIFORNIA.—Under

authority of section 1135(a) of the Water Resources Development

Act of 1986 (33 U.S.C. 2309a(a)), the Secretary shall carry out

a project to construct a turbine bypass at Pine Flat Dam, Kings

River, California, in accordance with the project modification report

and environmental assessment dated September 1996.

SEC. 106. SMALL AQUATIC ECOSYSTEM RESTORATION PROJECTS.

The Secretary is authorized to carry out the following projects

under section 206 of the Water Resources Development Act of

1996 (33 U.S.C. 2330):

(1) CONTRA COSTA COUNTY, BAY DELTA, CALIFORNIA.—

Project for aquatic ecosystem restoration, Contra Costa County,

Bay Delta, California.

(2) INDIAN RIVER, FLORIDA.—Project for aquatic ecosystem

restoration and lagoon restoration, Indian River, Florida.

(3) LITTLE WEKIVA RIVER, FLORIDA.—Project for aquatic ecosystem restoration and erosion control, Little Wekiva River,

Florida.

(4) COOK COUNTY, ILLINOIS.—Project for aquatic ecosystem

restoration and lagoon restoration and protection, Cook County,

Illinois.

(5) GRAND BATTURE ISLAND, MISSISSIPPI.—Project for

aquatic ecosystem restoration, Grand Batture Island, Mississippi.

(6) HANCOCK, HARRISON, AND JACKSON COUNTIES, MISSISSIPPI.—Project for aquatic ecosystem restoration and reef

restoration along the Gulf Coast, Hancock, Harrison, and Jackson Counties, Mississippi.

(7) MISSISSIPPI RIVER AND RIVER DES PERES, ST. LOUIS, MISSOURI.—Project for aquatic ecosystem restoration and recreation, Mississippi River and River Des Peres, St. Louis, Missouri.

(8) HUDSON RIVER, NEW YORK.—Project for aquatic ecosystem restoration, Hudson River, New York.

(9) ONEIDA LAKE, NEW YORK.—Project for aquatic ecosystem

restoration, Oneida Lake, Oneida County, New York.

(10) OTSEGO LAKE, NEW YORK.—Project for aquatic ecosystem restoration, Otsego Lake, Otsego County, New York.

(11) NORTH FORK OF YELLOW CREEK, OHIO.—Project for

aquatic ecosystem restoration, North Fork of Yellow Creek,

Ohio.

(12) WHEELING CREEK WATERSHED, OHIO.—Project for

aquatic ecosystem restoration, Wheeling Creek watershed,

Ohio.

(13) SPRINGFIELD MILLRACE, OREGON.—Project for aquatic

ecosystem restoration, Springfield Millrace, Oregon.

(14) UPPER AMAZON CREEK, OREGON.—Project for aquatic

ecosystem restoration, Upper Amazon Creek, Oregon.

(15) LAKE ONTELAUNEE RESERVOIR, BERKS COUNTY,

PENNSYLVANIA.—Project for aquatic ecosystem restoration and

distilling pond facilities, Lake Ontelaunee Reservoir, Berks

County, Pennsylvania.

(16) BLACKSTONE RIVER BASIN, RHODE ISLAND AND

MASSACHUSETTS.—Project for aquatic ecosystem restoration and

fish passage facilities, Blackstone River Basin, Rhode Island

and Massachusetts.
S. 507—17

TITLE II—GENERAL PROVISIONS

SEC. 201. SMALL FLOOD CONTROL AUTHORITY.

Section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s)

is amended—

(1) in the first sentence, by striking ‘‘construction of small

projects’’ and inserting ‘‘implementation of small structural and

nonstructural projects’’; and (2) in the third sentence, by striking ‘‘$5,000,000’’ and inserting ‘‘$7,000,000’’.

SEC. 202. USE OF NON-FEDERAL FUNDS FOR COMPILING AND

DISSEMINATING INFORMATION ON FLOODS AND FLOOD

DAMAGE.

Section 206(b) of the Flood Control Act of 1960 (33 U.S.C.

709a(b)) is amended in the third sentence by inserting before the

period at the end the following: ‘‘, but the Secretary of the Army

may accept funds voluntarily contributed by such entities for the

purpose of expanding the scope of the services requested by the

entities’’.

SEC. 203. CONTRIBUTIONS BY STATES AND POLITICAL SUBDIVISIONS.

Section 5 of the Act of June 22, 1936 (33 U.S.C. 701h), is

amended by inserting ‘‘or environmental restoration’’ after ‘‘flood

control’’.

SEC. 204. SEDIMENT DECONTAMINATION TECHNOLOGY.

Section 405 of the Water Resources Development Act of 1992

(33 U.S.C. 2239 note; Public Law 102–580) is amended—

(1) in subsection (a), by adding at the end the following:

‘‘(4) PRACTICAL END-USE PRODUCTS.—Technologies selected

for demonstration at the pilot scale shall be intended to result

in practical end-use products.

‘‘(5) ASSISTANCE BY THE SECRETARY.—The Secretary shall

assist the project to ensure expeditious completion by providing

sufficient quantities of contaminated dredged material to conduct the full-scale demonstrations to stated capacity.’’;

(2) in subsection (c), by striking the first sentence and

inserting the following: ‘‘There is authorized to be appropriated

to carry out this section $22,000,000 to complete technology

testing, technology commercialization, and the development of

full scale processing facilities within the New York/New Jersey

Harbor.’’; and

(3) by adding at the end the following:

‘‘(e) SUPPORT.—In carrying out the program under this section,

the Secretary is encouraged to use contracts, cooperative agreements, and grants with colleges and universities and other nonFederal entities.’’.

SEC. 205. CONTROL OF AQUATIC PLANTS.

Section 104 of the River and Harbor Act of 1958 (33 U.S.C.

610) is amended—

(1) in the first sentence of subsection (a), by striking ‘‘waterhyacinth, alligatorweed, Eurasian water milfoil, melaleuca, and

other obnoxious aquatic plant growths, from’’ and inserting

‘‘noxious aquatic plant growths from’’;
S. 507—18

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

‘‘$12,000,000’’ and inserting ‘‘$15,000,000’’; and

(3) by adding at the end the following:

‘‘(c) SUPPORT.—In carrying out the program under this section,

the Secretary is encouraged to use contracts, cooperative agreements, and grants with colleges and universities and other nonFederal entities.’’.

SEC. 206. USE OF CONTINUING CONTRACTS FOR CONSTRUCTION OF

CERTAIN PROJECTS.

(a) IN GENERAL.—Notwithstanding any other provision of law,

the Secretary shall not implement a fully allocated funding policy

with respect to a water resource project if initiation of construction

has occurred but sufficient funds are not available to complete

the project.

(b) CONTINUING CONTRACTS.—The Secretary shall enter into

a continuing contract for a project described in subsection (a).

(c) INITIATION OF CONSTRUCTION CLARIFIED.—For the purposes

of this section, initiation of construction for a project occurs on

the date of enactment of an Act that appropriates funds for the

project from 1 of the following appropriation accounts:

(1) Construction, General.

(2) Operation and Maintenance, General.

(3) Flood Control, Mississippi River and Tributaries.

SEC. 207. WATER RESOURCES DEVELOPMENT STUDIES FOR THE

PACIFIC REGION.

Section 444 of the Water Resources Development Act of 1996

(110 Stat. 3747) is amended by striking ‘‘interest of navigation’’

and inserting ‘‘interests of water resources development including

navigation, flood damage reduction, and environmental restoration’’.

SEC. 208. EVERGLADES AND SOUTH FLORIDA ECOSYSTEM RESTORATION.

(a) EXTENSION OF PROGRAM.—Section 528(b)(3) of the Water

Resources Development Act of 1996 is amended—

(1) in subparagraph (B) (110 Stat. 3769), by striking ‘‘1999’’

and inserting ‘‘2003’’; and

(2) in subparagraph (C)(i) (110 Stat. 3769), by striking

‘‘1999’’ and inserting ‘‘2003’’.

(b) CREDIT AND REIMBURSEMENT OF PAST AND FUTURE ACTIVI- TIES.—Section 528(b)(3) of the Water Resources Development Act

of 1996 (110 Stat. 3768) is amended by adding at the end the

following:

‘‘(D) CREDIT AND REIMBURSEMENT OF PAST AND FUTURE

ACTIVITIES.—The Secretary may provide credit to or

reimburse the non-Federal project sponsor (using funds

authorized by subparagraph (C)) for the reasonable costs

of any work that has been performed or will be performed

in connection with a study or activity meeting the requirements of subparagraph (A) if—

‘‘(i) the Secretary determines that—

‘‘(I) the work performed by the non-Federal

project sponsor will substantially expedite completion of a critical restoration project; and

‘‘(II) the work is necessary for a critical restoration project; and
S. 507—19

‘‘(ii) the credit or reimbursement is granted pursuant to a project-specific agreement that prescribes the

terms and conditions of the credit or reimbursement.’’.

(c) CALOOSAHATCHEE RIVER BASIN, FLORIDA.—Section 528(e)(4)

of the Water Resources Development Act of 1996 (110 Stat. 3770)

is amended in the first sentence by inserting before the period

at the end the following: ‘‘if the Secretary determines that the

acquisition is compatible with and an integral component of the

Everglades and South Florida ecosystem restoration, including

potential acquisition of land or interests in land in the

Caloosahatchee River basin or other areas’’.

(d) IN-KIND WORK.—Section 528(e)(4) of the Water Resources

Development Act of 1996 (110 Stat. 3770) is amended—

(1) by striking ‘‘Regardless’’ and inserting the following:

‘‘(1) LAND ACQUISITION.—Regardless’’; and

(2) by adding at the end the following:

‘‘(2) IN-KIND WORK.— ‘‘(A) IN GENERAL.—During the preconstruction,

engineering, and design phase and the construction phase

of the Central and Southern Florida Project, the Secretary

shall allow credit against the non-Federal share of the

cost of activities described in subsection (b) for work performed by non-Federal interests at the request of the Secretary in furtherance of the design of features included

in the comprehensive plan under that subsection.

‘‘(B) AUDITS.—In-kind work to be credited under

subparagraph (A) shall be subject to audit.’’.

SEC. 209. BENEFICIAL USES OF DREDGED MATERIAL.

Section 204 of the Water Resources Development Act of 1992

(33 U.S.C. 2326) is amended—

(1) in subsection (c), by striking ‘‘cooperative agreement

in accordance with the requirements of section 221 of the

Flood Control Act of 1970’’ and inserting ‘‘binding agreement

with the Secretary’’; and

(2) by adding at the end the following:

‘‘(g) NONPROFIT ENTITIES.—Notwithstanding section 221 of the

Flood Control Act of 1970 (42 U.S.C. 1962d–5b), for any project

carried out under this section, a non-Federal interest may include

a nonprofit entity, with the consent of the affected local government.’’.

SEC. 210. AQUATIC ECOSYSTEM RESTORATION.

Section 206 of the Water Resources Development Act of 1996

(33 U.S.C. 2330) is amended—

(1) in subsection (b)—

(A) by striking ‘‘Non-Federal’’ and inserting the following:

‘‘(1) IN GENERAL.—Non-Federal’’; and

(B) by adding at the end the following:

‘‘(2) FORM.—Before October 1, 2003, the Federal share of

the cost of a project under this section may be provided in

the form of reimbursements of project costs.’’; and

(2) in subsection (c)—

(A) by striking ‘‘Construction’’ and inserting the following:

‘‘(1) IN GENERAL.—Construction’’; and

(B) by adding at the end the following:
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‘‘(2) NONPROFIT ENTITIES.—Notwithstanding section 221 of

the Flood Control Act of 1970 (42 U.S.C. 1962d–5b), for any

project carried out under this section, a non-Federal interest

may include a nonprofit entity, with the consent of the affected

local government.’’.

SEC. 211. WATERSHED MANAGEMENT, RESTORATION, AND DEVELOPMENT.

Section 503 of the Water Resources Development Act of 1996

(110 Stat. 3756) is amended—

(1) in subsection (d)—

(A) by striking paragraph (10) and inserting the following:

‘‘(10) Regional Atlanta watershed, Atlanta, Georgia, and

Lake Lanier, Forsyth and Hall Counties, Georgia.’’; and

(B) by adding at the end the following:

‘‘(14) Clear Lake watershed, California.

‘‘(15) Fresno Slough watershed, California.

‘‘(16) Hayward Marsh, Southern San Francisco Bay watershed, California.

‘‘(17) Kaweah River watershed, California.

‘‘(18) Lake Tahoe watershed, California and Nevada.

‘‘(19) Malibu Creek watershed, California.

‘‘(20) Lower St. Johns River basin, Florida.

‘‘(21) Illinois River watershed, Illinois.

‘‘(22) Truckee River basin, Nevada.

‘‘(23) Walker River basin, Nevada.

‘‘(24) Bronx River watershed, New York.

‘‘(25) Catawba River watershed, North Carolina.

‘‘(26) Columbia Slough watershed, Oregon.

‘‘(27) Cabin Creek basin, West Virginia.’’;

(2) by redesignating subsection (e) as subsection (f); and

(3) by inserting after subsection (d) the following:

‘‘(e) NONPROFIT ENTITIES.—Notwithstanding section 221(b) of

the Flood Control Act of 1970 (42 U.S.C. 1962d–5b(b)), for any

project undertaken under this section, a non-Federal interest may

include a nonprofit entity, with the consent of the affected local

government.’’.

SEC. 212. FLOOD MITIGATION AND RIVERINE RESTORATION PROGRAM.

(a) IN GENERAL.—The Secretary may undertake a program

for the purpose of conducting projects to reduce flood hazards and

restore the natural functions and values of rivers throughout the

United States.

(b) STUDIES AND PROJECTS.— (1) AUTHORITY.—In carrying out the program, the Secretary

may conduct studies to identify appropriate flood damage reduction, conservation, and restoration measures and may design

and implement projects described in subsection (a).

(2) CONSULTATION AND COORDINATION.—The studies and

projects carried out under this section shall be conducted, to

the maximum extent practicable, in consultation and coordination with the Federal Emergency Management Agency and

other appropriate Federal agencies, and in consultation and

coordination with appropriate State and local agencies and

tribes.

(3) NONSTRUCTURAL APPROACHES.—The studies and

projects shall emphasize, to the maximum extent practicable
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and appropriate, nonstructural approaches to preventing or

reducing flood damages.

(4) PARTICIPATION.—The studies and projects shall be conducted, to the maximum extent practicable, in cooperation with

State and local agencies and tribes to ensure the coordination

of local flood damage reduction or riverine and wetland restoration studies with projects that conserve, restore, and manage

hydrologic and hydraulic regimes and restore the natural functions and values of floodplains.

(c) COST-SHARING REQUIREMENTS.—

(1) STUDIES.—Studies conducted under this section shall

be subject to cost sharing in accordance with section 105 of

the Water Resources Development Act of 1986 (33 U.S.C. 2215).

(2) ENVIRONMENTAL RESTORATION AND NONSTRUCTURAL

FLOOD CONTROL PROJECTS.—

(A) IN GENERAL.—The non-Federal interests shall pay

35 percent of the cost of any environmental restoration

or nonstructural flood control project carried out under

this section.

(B) ITEMS PROVIDED BY NON-FEDERAL INTERESTS.—The

non-Federal interests shall provide all land, easements,

rights-of-way, dredged material disposal areas, and relocations necessary for such projects.

(C) CREDIT.—The value of such land, easements, rightsof-way, dredged material disposal areas, and relocations

shall be credited toward the payment required under this

paragraph.

(3) STRUCTURAL FLOOD CONTROL PROJECTS.—Any structural

flood control projects carried out under this section shall be

subject to cost sharing in accordance with section 103(a) of

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

2213(a)).

(4) OPERATION AND MAINTENANCE.—The non-Federal

interests shall be responsible for all costs associated with operating, maintaining, replacing, repairing, and rehabilitating all

projects carried out under this section.

(d) PROJECT JUSTIFICATION.— (1) IN GENERAL.—Notwithstanding any other provision of

law or requirement for economic justification established under

section 209 of the Flood Control Act of 1970 (42 U.S.C. 1962–

2), the Secretary may implement a project under this section

if the Secretary determines that the project—

(A) will significantly reduce potential flood damages;

(B) will improve the quality of the environment; and

(C) is justified considering all costs and beneficial outputs of the project.

(2) ESTABLISHMENT OF SELECTION AND RATING CRITERIA

AND POLICIES.—

(A) IN GENERAL.—Not later than 180 days after the

date of enactment of this Act, the Secretary, in cooperation

with State and local agencies and tribes, shall—

(i) develop, and submit to the Committee on

Transportation and Infrastructure of the House of Representatives and the Committee on Environment and

Public Works of the Senate, criteria for selecting and

rating projects to be carried out under this section;

and
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(ii) establish policies and procedures for carrying

out the studies and projects undertaken under this

section.

(B) CRITERIA.—The criteria referred to in subparagraph

(A)(i) shall include, as a priority, the extent to which the

appropriate State government supports the project.

(e) PRIORITY AREAS.—In carrying out this section, the Secretary

shall examine appropriate locations, including—

(1) Pima County, Arizona, at Paseo De Las Iglesias and

Rillito River;

(2) Coachella Valley, Riverside County, California;

(3) Los Angeles and San Gabriel Rivers, California;

(4) Murrieta Creek, California;

(5) Napa River Valley watershed, California, at Yountville,

St. Helena, Calistoga, and American Canyon;

(6) Santa Clara basin, California, at Upper Guadalupe

River and Tributaries, San Francisquito Creek, and Upper

Penitencia Creek;

(7) Pond Creek, Kentucky;

(8) Red River of the North, Minnesota, North Dakota, and

South Dakota;

(9) Connecticut River, New Hampshire;

(10) Pine Mount Creek, New Jersey;

(11) Southwest Valley, Albuquerque, New Mexico;

(12) Upper Delaware River, New York;

(13) Briar Creek, North Carolina;

(14) Chagrin River, Ohio;

(15) Mill Creek, Cincinnati, Ohio;

(16) Tillamook County, Oregon;

(17) Willamette River basin, Oregon;

(18) Blair County, Pennsylvania, at Altoona and

Frankstown Township;

(19) Delaware River, Pennsylvania;

(20) Schuylkill River, Pennsylvania;

(21) Providence County, Rhode Island;

(22) Shenandoah River, Virginia; and

(23) Lincoln Creek, Wisconsin.

(f) PROGRAM REVIEW.—

(1) IN GENERAL.—The program established under this section shall be subject to an independent review to evaluate

the efficacy of the program in achieving the dual goals of

flood hazard mitigation and riverine restoration.

(2) REPORT.—Not later than April 15, 2003, the Secretary

shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee

on Environment and Public Works of the Senate a report on

the findings of the review conducted under this subsection

with any recommendations concerning continuation of the program.

(g) MAXIMUM FEDERAL COST PER PROJECT.—Not more than

$30,000,000 may be expended by the United States on any single

project under this section.

(h) PROCEDURE.—

(1) ALL PROJECTS.—The Secretary shall not implement any

project under this section until—
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(A) the Secretary submits to the Committee on

Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House

of Representatives a written notification describing the

project and the determinations made under subsection

(d)(1); and

(B) 21 calendar days have elapsed after the date on

which the notification was received by the committees.

(2) PROJECTS EXCEEDING $15,000,000.—

(A) LIMITATION ON APPROPRIATIONS.—No appropriation

shall be made to construct any project under this section

the total Federal cost of construction of which exceeds

$15,000,000 if the project has not been approved by resolutions adopted by the Committee on Transportation and

Infrastructure of the House of Representatives and the

Committee on Environment and Public Works of the

Senate.

(B) REPORT.—For the purpose of securing consideration

of approval under this paragraph, the Secretary shall

submit a report on the proposed project, including all relevant data and information on all costs.

(i) AUTHORIZATION OF APPROPRIATIONS.—

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

to carry out this section—

(A) $20,000,000 for fiscal year 2001;

(B) $30,000,000 for fiscal year 2002; and

(C) $50,000,000 for each of fiscal years 2003 through

2005.

(2) FULL FUNDING.—All studies and projects carried out

under this section from Army Civil Works appropriations shall

be fully funded within the program funding levels provided

in this subsection.

SEC. 213. SHORE MANAGEMENT PROGRAM.

(a) REVIEW.—The Secretary shall review the implementation

of the Corps of Engineers shore management program, with particular attention to—

(1) inconsistencies in implementation among the divisions

and districts of the Corps of Engineers; and

(2) complaints by or potential inequities regarding property

owners in the Savannah District, including an accounting of

the number and disposition of complaints in the Savannah

District during the 5-year period preceding the date of enactment of this Act.

(b) REPORT.—As expeditiously as practicable, but not later than

1 year after the date of enactment of this Act, the Secretary shall

submit to the Committee on Transportation and Infrastructure

of the House of Representatives and the Committee on Environment

and Public Works of the Senate a report describing the results

of the review under subsection (a).

SEC. 214. SHORE DAMAGE PREVENTION OR MITIGATION.

Section 111 of the River and Harbor Act of 1968 (33 U.S.C.

426i) is amended—

(1) in the first sentence—

(A) by striking ‘‘The Secretary’’ and inserting ‘‘(a) IN

GENERAL.—The Secretary’’; and
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(B) by inserting after ‘‘navigation works’’ the following:

‘‘and shore damage attributable to the Atlantic Intracoastal

Waterway and the Gulf Intracoastal Waterway’’;

(2) in the second sentence, by striking ‘‘The costs’’ and

inserting the following:

‘‘(b) COST SHARING.—The costs’’;

(3) in the third sentence—

(A) by striking ‘‘No such’’ and inserting the following:

‘‘(c) REQUIREMENT FOR SPECIFIC AUTHORIZATION.—No such’’;

and

(B) by striking ‘‘$2,000,000’’ and inserting ‘‘$5,000,000’’;

and

(4) by adding at the end the following:

‘‘(d) COORDINATION.—The Secretary shall—

‘‘(1) coordinate the implementation of the measures under

this section with other Federal and non-Federal shore protection projects in the same geographic area; and

‘‘(2) to the extent practicable, combine mitigation projects

with other shore protection projects in the same area into

a comprehensive regional project.’’.

SEC. 215. SHORE PROTECTION.

(a) PERIODIC NOURISHMENT.—Section 103(d) of the Water

Resources Development Act of 1986 (33 U.S.C. 2213(d)) is

amended—

(1) by striking ‘‘Costs of constructing’’ and inserting the

following:

‘‘(1) CONSTRUCTION.—Costs of constructing’’; and

(2) by adding at the end the following:

‘‘(2) PERIODIC NOURISHMENT.—

‘‘(A) IN GENERAL.—In the case of a project authorized

for construction after December 31, 1999, or for which

a feasibility study is completed after that date, the nonFederal cost of the periodic nourishment of the project,

or any measure for shore protection or beach erosion control

for the project, that is carried out—

‘‘(i) after January 1, 2001, shall be 40 percent;

‘‘(ii) after January 1, 2002, shall be 45 percent;

and

‘‘(iii) after January 1, 2003, shall be 50 percent.

‘‘(B) BENEFITS TO PRIVATELY OWNED SHORES.—All costs

assigned to benefits of periodic nourishment projects or

measures to privately owned shores (where use of such

shores is limited to private interests) or to prevention of

losses of private land shall be borne by the non-Federal

interest.

‘‘(C) BENEFITS TO FEDERALLY OWNED SHORES.—All costs

assigned to the protection of federally owned shores for

periodic nourishment measures shall be borne by the

United States.’’.

(b) OUTER CONTINENTAL SHELF.—

(1) USE OF SAND FROM OUTER CONTINENTAL SHELF.—Section

8(k)(2)(B) of the Outer Continental Shelf Lands Act (43 U.S.C.

1337(k)(2)(B)) is amended in the second sentence by striking

‘‘an agency of the Federal Government’’ and inserting ‘‘a Federal, State, or local government agency’’.
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(2) REIMBURSEMENT OF LOCAL INTERESTS.—Any amounts

paid by non-Federal interests for beach erosion control, hurricane protection, shore protection, or storm damage reduction

projects as a result of an assessment under section 8(k) of

the Outer Continental Shelf Lands Act (43 U.S.C. 1337(k))

shall be fully reimbursed.

(c) REPORT ON SHORES OF THE UNITED STATES.—

(1) IN GENERAL.—Not later than 3 years after the date

of enactment of this Act, the Secretary shall report to Congress

on the state of the shores of the United States.

(2) CONTENTS.—The report shall include—

(A) a description of—

(i) the extent of, and economic and environmental

effects caused by, erosion and accretion along the

shores of the United States; and

(ii) the causes of such erosion and accretion;

(B) a description of resources committed by Federal,

State, and local governments to restore and renourish

shores;

(C) a description of the systematic movement of sand

along the shores of the United States; and

(D) recommendations regarding—

(i) appropriate levels of Federal and non-Federal

participation in shore protection; and

(ii) use of a systems approach to sand management.

(3) USE OF SPECIFIC LOCATION DATA.—In developing the

report, the Secretary shall use data from specific locations

on the coasts of the Atlantic Ocean, Pacific Ocean, Great Lakes,

and Gulf of Mexico.

(d) NATIONAL COASTAL DATA BANK.—

(1) ESTABLISHMENT OF DATA BANK.—Not later than 2 years

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

establish a national coastal data bank containing data on the

geophysical and climatological characteristics of the shores of

the United States.

(2) CONTENT.—To the extent practicable, the national

coastal data bank shall include data regarding current and

predicted shore positions, information on federally authorized

shore protection projects, and data on the movement of sand

along the shores of the United States, including impediments

to such movement caused by natural and manmade features.

(3) ACCESS.—The national coastal data bank shall be made

readily accessible to the public.

SEC. 216. FLOOD PREVENTION COORDINATION.

Section 206 of the Flood Control Act of 1960 (33 U.S.C. 709a)

is amended—

(1) by redesignating subsections (b) and (c) as subsections

(c) and (d), respectively; and

(2) by inserting after subsection (a) the following:

‘‘(b) FLOOD PREVENTION COORDINATION.—The Secretary shall

coordinate with the Director of the Federal Emergency Management

Agency and the heads of other Federal agencies to ensure that

flood control projects and plans are complementary and integrated

to the extent practicable and appropriate.’’.
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SEC. 217. DISPOSAL OF DREDGED MATERIAL ON BEACHES.

(a) IN GENERAL.—Section 145 of the Water Resources Development Act of 1976 (33 U.S.C. 426j) is amended in the first sentence

by striking ‘‘50’’ and inserting ‘‘35’’.

(b) GREAT LAKES BASIN.—The Secretary shall work with the

State of Ohio, other Great Lakes States, and political subdivisions

of the States to fully implement and maximize beneficial reuse

of dredged material as provided under section 145 of the Water

Resources Development Act of 1976 (33 U.S.C. 426j).

(c) BOLIVAR PENINSULA, JEFFERSON, CHAMBERS, AND GALVESTON COUNTIES, TEXAS.—The Secretary may design and construct

a shore protection project between the south jetty of the Sabine

Pass Channel and the north jetty of the Galveston Harbor Entrance

Channel in Jefferson, Chambers, and Galveston Counties, Texas,

including beneficial use of dredged material from Federal navigation

projects as provided under section 145 of the Water Resources

Development Act of 1976 (33 U.S.C. 426j).

(d) GALVESTON BEACH, GALVESTON COUNTY, TEXAS.—The Secretary may design and construct a shore protection project between

the Galveston South Jetty and San Luis Pass, Galveston County,

Texas, using innovative nourishment techniques, including beneficial use of dredged material from Federal navigation projects

as provided under section 145 of the Water Resources Development

Act of 1976 (33 U.S.C. 426j).

(e) ROLLOVER PASS, GALVESTON COUNTY, TEXAS.—The Secretary may place dredged material from the Gulf Intracoastal

Waterway on the beaches along Rollover Pass, Galveston County,

Texas, to stabilize beach erosion as provided under section 145

of the Water Resources Development Act of 1976 (33 U.S.C. 426j).

SEC. 218. ANNUAL PASSES FOR RECREATION.

Section 208(c)(4) of the Water Resources Development Act of

1996 (16 U.S.C. 460d–3 note; 110 Stat. 3681) is amended by striking

‘‘later of December 31, 1999, or the date of transmittal of the

report under paragraph (3)’’ and inserting ‘‘December 31, 2003’’.

SEC. 219. NONSTRUCTURAL FLOOD CONTROL PROJECTS.

(a) ANALYSIS OF BENEFITS.—Section 308 of the Water Resources

Development Act of 1990 (33 U.S.C. 2318) is amended—

(1) in the heading of subsection (a), by inserting ‘‘EXCLUSION OF ELEMENTS FROM’’ before ‘‘BENEFIT-COST’’;

(2) by redesignating subsections (b) through (e) as subsections (c) through (f), respectively;

(3) by inserting after subsection (a) the following:

‘‘(b) FLOOD DAMAGE REDUCTION BENEFITS.—

‘‘(1) IN GENERAL.—In calculating the benefits of a proposed

project for nonstructural flood damage reduction, the Secretary

shall calculate the benefits of the nonstructural project using

methods similar to those used for calculating the benefits of

structural projects, including similar treatment in calculating

the benefits from losses avoided.

‘‘(2) AVOIDANCE OF DOUBLE COUNTING.—In carrying out

paragraph (1), the Secretary should avoid double counting of

benefits.’’; and

(4) in subsection (d), by striking ‘‘subsection (b)’’ and

inserting ‘‘subsection (c)’’.
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(b) REEVALUATION OF FLOOD CONTROL PROJECTS.—At the

request of a non-Federal interest for a flood control project, the

Secretary shall conduct a reevaluation of a project authorized before

the date of enactment of this Act to consider nonstructural alternatives in light of the amendments made by subsection (a).

(c) COST SHARING.—Section 103(b) of the Water Resources

Development Act of 1986 (33 U.S.C. 2213(b)) is amended—

(1) by striking ‘‘The non-Federal’’ and inserting the following:

‘‘(1) IN GENERAL.—The non-Federal’’; and

(2) by adding at the end the following:

‘‘(2) NON-FEDERAL CONTRIBUTION IN EXCESS OF 35 PER- CENT.—At any time during construction of a project, if the

Secretary determines that the costs of land, easements, rightsof-way, dredged material disposal areas, and relocations for

the project, in combination with other costs contributed by

the non-Federal interests, will exceed 35 percent, any additional

costs for the project (not to exceed 65 percent of the total

costs of the project) shall be a Federal responsibility and shall

be contributed during construction as part of the Federal

share.’’.

SEC. 220. LAKES PROGRAM.

Section 602(a) of the Water Resources Development Act of

1986 (100 Stat. 4148; 110 Stat. 3758) is amended—

(1) in paragraph (14), by inserting ‘‘and nutrient monitoring’’ after ‘‘growth’’;

(2) in paragraph (15), by striking ‘‘and’’ at the end;

(3) in paragraph (16), by striking the period at the end

and inserting a semicolon; and

(4) by adding at the end the following:

‘‘(17) Clear Lake, Lake County, California, removal of silt

and aquatic growth and measures to address excessive sedimentation and high nutrient concentration;

‘‘(18) Flints Pond, Hollis, Hillsborough County, New Hampshire, removal of silt and aquatic growth and measures to

address excessive sedimentation; and

‘‘(19) Osgood Pond, Milford, Hillsborough County, New

Hampshire, removal of silt and aquatic growth and measures

to address excessive sedimentation.’’.

SEC. 221. ENHANCEMENT OF FISH AND WILDLIFE RESOURCES.

Section 906(e) of the Water Resources Development Act of

1986 (33 U.S.C. 2283(e)) is amended by inserting after the second

sentence the following: ‘‘Not more than 80 percent of the nonFederal share of such first costs may be satisfied through in-kind

contributions, including facilities, supplies, and services that are

necessary to carry out the enhancement project.’’.

SEC. 222. PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS.

(a) IN GENERAL.—It is the sense of Congress that, to the extent

practicable, all equipment and products purchased with funds made

available under this Act should be American made.

(b) NOTICE TO RECIPIENTS OF ASSISTANCE.—In providing financial assistance under this Act, the Secretary, to the greatest extent

practicable, shall provide to each recipient of the assistance a notice

describing the statement made in subsection (a).
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SEC. 223. CONSTRUCTION OF FLOOD CONTROL PROJECTS BY NONFEDERAL INTERESTS.

(a) IN GENERAL.—Section 211(d) of the Water Resources

Development Act of 1996 (33 U.S.C. 701b–13(d)) is amended—

(1) in paragraph (1), by striking ‘‘Any non-Federal interest

that has received from the Secretary pursuant to subsection

(b) or (c)’’ and inserting the following:

‘‘(A) STUDIES AND DESIGN ACTIVITIES UNDER SUB- SECTION (b).—

‘‘(i) IN GENERAL.—A non-Federal interest may

carry out construction for which studies and design

documents are prepared under subsection (b) only if

the Secretary approves the project for construction.

‘‘(ii) CRITERIA FOR APPROVAL.—The Secretary shall

approve a project for construction if the Secretary

determines that the project is technically sound,

economically justified, and environmentally acceptable

and meets the requirements for obtaining the appropriate permits required under the authority of the

Secretary.

‘‘(iii) NO UNREASONABLE WITHHOLDING OF

APPROVAL.—The Secretary shall not unreasonably

withhold approval of a project for construction.

‘‘(iv) NO EFFECT ON REGULATORY AUTHORITY.—

Nothing in this subparagraph affects any regulatory

authority of the Secretary.

‘‘(B) STUDIES AND DESIGN ACTIVITIES UNDER SUBSECTION (c).—Any non-Federal interest that has received

from the Secretary under subsection (c)’’; and

(2) in the first sentence of paragraph (2), by inserting

‘‘(other than paragraph (1)(A))’’ after ‘‘this subsection’’.

(b) REIMBURSEMENT.— (1) IN GENERAL.—Section 211(e)(1) of the Water Resources

Development Act of 1996 (33 U.S.C. 701b–13(e)(1)) is

amended—

(A) in the matter preceding subparagraph (A), by

inserting after ‘‘constructed pursuant to this section’’ the

following: ‘‘and provide credit for the non-Federal share

of the project’’;

(B) in subparagraph (A), by striking ‘‘and’’ at the end;

(C) in subparagraph (B), by striking the period at

the end and inserting ‘‘; and’’; and

(D) by adding at the end the following:

‘‘(C) if the construction work is substantially in accordance with plans prepared under subsection (b).’’.

(2) SPECIAL RULES.—Section 211(e)(2)(A) of the Water

Resources Development Act of 1996 (33 U.S.C. 701b–13(e)(2)(A))

is amended—

(A) in the subparagraph heading, by inserting ‘‘OR

CREDIT’’ after ‘‘REIMBURSEMENT’’;

(B) by striking ‘‘subject to amounts being made available in advance in appropriations Acts’’ and inserting ‘‘subject to the availability of appropriations’’; and

(C) by inserting after ‘‘the cost of such work’’ the following: ‘‘, or provide credit (depending on the request of

the non-Federal interest) for the non-Federal share of such

work,’’.
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(3) SCHEDULE AND MANNER OF REIMBURSEMENTS.—Section

211(e) of the Water Resources Development Act of 1996 (33

U.S.C. 701b–13(e)) is amended by adding at the end the following:

‘‘(6) SCHEDULE AND MANNER OF REIMBURSEMENT.— ‘‘(A) BUDGETING.—The Secretary shall budget and

request appropriations for reimbursements under this section on a schedule that is consistent with a Federal

construction schedule.

‘‘(B) COMMENCEMENT OF REIMBURSEMENTS.— Reimbursements under this section may commence on

approval of a project by the Secretary.

‘‘(C) CREDIT.—At the request of a non-Federal interest,

the Secretary may reimburse the non-Federal interest by

providing credit toward future non-Federal costs of the

project.

‘‘(D) SCHEDULING.—Nothing in this paragraph affects

the discretion of the President to schedule new construction

starts.’’.

SEC. 224. ENVIRONMENTAL DREDGING.

Section 312 of the Water Resources Development Act of 1990

(33 U.S.C. 1272) is amended—

(1) in subsection (b)—

(A) in paragraph (1), by striking ‘‘50’’ and inserting

‘‘35’’; and (B) in paragraph (2), by striking ‘‘$20,000,000’’ and inserting ‘‘$50,000,000’’;

(2) in subsection (d), by striking ‘‘non-Federal responsibility’’ and inserting ‘‘shared as a cost of construction’’; and

(3) in subsection (f), by adding at the end the following:

‘‘(6) Passaic River and Newark Bay, New Jersey.

‘‘(7) Snake Creek, Bixby, Oklahoma.

‘‘(8) Willamette River, Oregon.’’.

SEC. 225. RECREATION USER FEES.

(a) WITHHOLDING OF AMOUNTS.— (1) IN GENERAL.—During fiscal years 1999 through 2002,

the Secretary may withhold from the special account established under section 4(i)(1)(A) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–6a(i)(1)(A)) 100 percent

of the amount of receipts above a baseline of $34,000,000 per

each fiscal year received from fees imposed at recreation sites

under the administrative jurisdiction of the Department of the

Army under section 4(b) of that Act (16 U.S.C. 460l–6a(b)).

(2) USE.—The amounts withheld shall be retained by the

Secretary and shall be available, without further Act of appropriation, for expenditure by the Secretary in accordance with

subsection (b).

(3) AVAILABILITY.—The amounts withheld shall remain

available until September 30, 2005.

(b) USE OF AMOUNTS WITHHELD.—In order to increase the

quality of the visitor experience at public recreational areas and

to enhance the protection of resources, the amounts withheld under

subsection (a) may be used only for—

(1) repair and maintenance projects (including projects

relating to health and safety);

(2) interpretation;
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(3) signage;

(4) habitat or facility enhancement;

(5) resource preservation;

(6) annual operation (including fee collection);

(7) maintenance; and

(8) law enforcement related to public use.

(c) AVAILABILITY.—Each amount withheld by the Secretary shall

be available for expenditure, without further Act of appropriation,

at the specific project from which the amount, above baseline,

is collected.

SEC. 226. SMALL STORM DAMAGE REDUCTION PROJECTS.

Section 3 of the Act of August 13, 1946 (33 U.S.C. 426g), is amended by striking ‘‘$2,000,000’’ and inserting ‘‘$3,000,000’’.

SEC. 227. USE OF PRIVATE ENTERPRISES.

(a) IN GENERAL.—The Secretary shall comply with the requirements of the Federal Activities Inventory Reform Act of 1998 (31

U.S.C. 501 note; Public Law 105–270).

(b) COMPLIANCE WITH OTHER LAW.— (1) INVENTORY AND REVIEW.—In carrying out this section,

the Secretary shall inventory and review all activities that

are not inherently governmental in nature in accordance with

the Federal Activities Inventory Reform Act of 1998.

(2) ARCHITECTURAL AND ENGINEERING SERVICES.—Any

review and conversion by the Secretary to performance by

private enterprise of an architectural or engineering service

(including a surveying or mapping service) shall be carried

out in accordance with title IX of the Federal Property and

Administrative Services Act of 1949 (40 U.S.C. 541 et seq.).

TITLE III—PROJECT-RELATED

PROVISIONS

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

The Tennessee-Tombigbee Waterway Wildlife Mitigation

Project, Alabama and Mississippi, authorized by section 601(a) of

the Water Resources Development Act of 1986 (100 Stat. 4138),

is modified to authorize the Secretary to complete the project at

a cost of $93,530,000, in accordance with the post authorization

change report dated August 17, 1998.

SEC. 302. OUZINKIE HARBOR, ALASKA.

(a) MAXIMUM FEDERAL EXPENDITURE.—The maximum amount

of Federal funds that may be expended for the project for navigation,

Ouzinkie Harbor, Alaska, shall be $8,500,000.

(b) REVISION OF PROJECT COOPERATION AGREEMENT.—The Secretary shall revise the project cooperation agreement for the project

referred to in subsection (a) to take into account the change in

the Federal participation in the project under subsection (a).

SEC. 303. ST. PAUL HARBOR, ST. PAUL, ALASKA.

The project for navigation, St. Paul Harbor, St. Paul, Alaska,

authorized by section 101(b)(3) of the Water Resources Development

Act of 1996 (110 Stat. 3667), is modified to include the construction

of additional features for a small boat harbor with an entrance
S. 507—31

channel and maneuvering area dredged to a 20-foot depth and

appropriate wave protection features at an additional estimated

total cost of $12,700,000, with an estimated Federal cost of

$5,000,000 and an estimated non-Federal cost of $7,700,000.

SEC. 304. LOGGY BAYOU, RED RIVER BELOW DENISON DAM,

ARKANSAS, LOUISIANA, OKLAHOMA, AND TEXAS.

The project for flood control on the Red River below Denison

Dam, Arkansas, Louisiana, Oklahoma, and Texas, authorized by

section 10 of the Flood Control Act of 1946 (60 Stat. 647), is

modified to direct the Secretary to conduct a study to determine

the feasibility of expanding the project to include mile 0.0 to mile

7.8 of Loggy Bayou between the Red River and Flat River.

SEC. 305. SACRAMENTO RIVER, GLENN-COLUSA, CALIFORNIA.

(a) IN GENERAL.—The project for flood control, Sacramento

River, California, authorized by section 2 of the Act entitled ‘‘An

Act to provide for the control of the floods of the Mississippi River

and of the Sacramento River, California, and for other purposes’’,

approved March 1, 1917 (39 Stat. 949), and modified by section

102 of the Energy and Water Development Appropriations Act,

1990 (103 Stat. 649), section 301(b)(3) of the Water Resources

Development Act of 1996 (110 Stat. 3110), and title I of the Energy

and Water Development Appropriations Act, 1999 (112 Stat. 1841),

is further modified to authorize the Secretary—

(1) to carry out the portion of the project at Glenn-Colusa,

California, at a total cost of $26,000,000, with an estimated

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

of $6,000,000; and

(2) to carry out bank stabilization work in the riverbed

gradient facility, particularly in the vicinity of River Mile 208,

if the Secretary determines that such work is necessary to

protect the overall integrity of the project, on the condition

that additional environmental review of the project is conducted.

SEC. 306. SAN LORENZO RIVER, CALIFORNIA.

The project for flood control, San Lorenzo River, California,

authorized by section 101(a)(5) of the Water Resources Development

Act of 1996 (110 Stat. 3663), is modified to authorize the Secretary

to include as a part of the project streambank erosion control

measures to be undertaken substantially in accordance with the

report entitled ‘‘Bank Stabilization Concept, Laurel Street Extension’’, dated April 23, 1998, at a total cost of $4,800,000, with

an estimated Federal cost of $3,100,000 and an estimated nonFederal cost of $1,700,000.

SEC. 307. TERMINUS DAM, KAWEAH RIVER, CALIFORNIA.

(a) TRANSFER OF TITLE TO ADDITIONAL LAND.—If the non-Federal interests for the project for flood control and water supply,

Terminus Dam, Kaweah River, California, authorized by section

101(b)(5) of the Water Resources Development Act of 1996 (110

Stat. 3667), transfer to the Secretary without consideration title

to perimeter lands acquired for the project by the non-Federal

interests, the Secretary may accept the transfer of that title.

(b) LAND, EASEMENTS, AND RIGHTS-OF-WAY.—Nothing in this

section changes, modifies, or otherwise affects the responsibility

of the non-Federal interests to provide land, easements, rights-
S. 507—32

of-way, relocations, and dredged material disposal areas necessary

for the Terminus Dam project and to perform operation and maintenance for the project.

(c) OPERATION AND MAINTENANCE.—On request by the nonFederal interests, the Secretary shall carry out operation, maintenance, repair, replacement, and rehabilitation of the project if the

non-Federal interests enter into a binding agreement with the

Secretary to reimburse the Secretary for 100 percent of the costs

of such operation, maintenance, repair, replacement, and rehabilitation, and any other expenses incurred by the Corps of Engineers

under this section.

(d) HOLD HARMLESS.—The non-Federal interests shall hold the

United States harmless for ownership, operation, and maintenance

of lands and facilities of the Terminus Dam project title to which

is transferred to the Secretary under this section.

SEC. 308. DELAWARE RIVER MAINSTEM AND CHANNEL DEEPENING,

DELAWARE, NEW JERSEY, AND PENNSYLVANIA.

The project for navigation, Delaware River Mainstem and

Channel Deepening, Delaware, New Jersey, and Pennsylvania,

authorized by section 101(6) of the Water Resources Development

Act of 1992 (106 Stat. 4802), is modified as follows:

(1) CREDIT FOR ENGINEERING AND DESIGN AND CONSTRUCTION MANAGEMENT WORK.—The Secretary may provide the nonFederal interests credit, toward cash contributions required

for construction and subsequent to construction, for the costs

of engineering and design and construction management work

that is performed by the non-Federal interests and that the

Secretary determines is necessary to implement the project.

Any such credit shall reduce the Philadelphia District’s private

sector performance goals for engineering work by the amount

of the credit.

(2) CREDIT FOR COSTS OF CONSTRUCTION.—The Secretary

may provide the non-Federal interests credit, toward cash contributions required during construction and subsequent to

construction, for the costs of construction performed by the

non-Federal interests on behalf of the Secretary and that the

Secretary determines is necessary to implement the project.

(3) PAYMENT OF DISPOSAL OR TIPPING FEES.—The Secretary

may enter into an agreement with a non-Federal interest for

the payment of disposal or tipping fees for dredged material

from a Federal project, other than for the construction or operation and maintenance of the new deepening project as

described in the Limited Reevaluation Report dated May 1997,

if the non-Federal interest has supplied the corresponding disposal capacity.

(4) DISPOSAL AREA MANAGEMENT PLAN.—The Secretary may

enter into an agreement with a non-Federal interest under

which—

(A) the non-Federal interest may carry out or cause

to have carried out on behalf of the Secretary a disposal

area management program for dredged material disposal

areas necessary to construct, operate, and maintain the

project; and

(B) the Secretary shall reimburse the non-Federal

interest for the costs of carrying out the program.
S. 507—33

SEC. 309. POTOMAC RIVER, WASHINGTON, DISTRICT OF COLUMBIA.

The project for flood control, Potomac River, Washington, District of Columbia, authorized by section 5 of the Act of June 22,

1936 (49 Stat. 1574, chapter 688), and modified by section 301(a)(4)

of the Water Resources Development Act of 1996 (110 Stat. 3707),

is modified to authorize the Secretary to construct the project at

a Federal cost of $5,965,000, in accordance with the post authorization change report dated June 29, 1998.

SEC. 310. BREVARD COUNTY, FLORIDA.

(a) STUDY.—Not later than 120 days after the date of enactment

of this Act, the Secretary, in cooperation with the non-Federal

interest, shall complete a study of any damage to the project for

shore protection, Brevard County, Florida, authorized by section

101(b)(7) of the Water Resources Development Act of 1996 (110

Stat. 3667), to determine whether the damage is the result of

a Federal navigation project.

(b) CONDITIONS.—In conducting the study, the Secretary shall

use the services of an independent coastal expert, who shall consider

all relevant studies completed by the Corps of Engineers and the

local sponsor of the project.

(c) MITIGATION OF DAMAGE.—After completion of the study,

the Secretary shall mitigate any damage to the shore protection

project that is the result of a Federal navigation project. The costs

of the mitigation shall be allocated to the Federal navigation project

as operation and maintenance costs.

SEC. 311. BROWARD COUNTY AND HILLSBORO INLET, FLORIDA.

The project for shore protection, Broward County and Hillsboro

Inlet, Florida, authorized by section 301 of the River and Harbor

Act of 1965 (79 Stat. 1090), is modified to authorize the Secretary,

on execution of a contract to construct the project, to reimburse

the non-Federal interest for the Federal share of the cost of

preconstruction planning and design for the project, if the Secretary

determines that the work is compatible with and integral to the

project.

SEC. 312. LEE COUNTY, CAPTIVA ISLAND SEGMENT, FLORIDA, PERIODIC BEACH NOURISHMENT.

(a) IN GENERAL.—The project for shore protection, Lee County,

Captiva Island segment, Florida, authorized by section 506(b)(3)(A)

of the Water Resources Development Act of 1996 (110 Stat. 3758),

is modified to direct the Secretary to enter into an agreement

with the non-Federal interest to carry out the project in accordance

with section 206 of the Water Resources Development Act of 1992

(33 U.S.C. 426i–1).

(b) DECISION DOCUMENT.—The design memorandum approved

in 1996 shall be the decision document supporting continued Federal

participation in cost sharing of the project.

SEC. 313. FORT PIERCE, FLORIDA.

(a) IN GENERAL.—The project for shore protection and harbor

mitigation, Fort Pierce, Florida, authorized by section 301 of the

River and Harbor Act of 1965 (79 Stat. 1092) and section 506(a)(2)

of the Water Resources Development Act of 1996 (110 Stat. 3757),

is modified to incorporate 1 additional mile into the project in

accordance with a final approved general reevaluation report, at

a total cost for initial nourishment for the entire project of
S. 507—34

$9,128,000, with an estimated Federal cost of $7,073,500 and an

estimated non-Federal cost of $2,054,500, at an average annual

cost of $556,000 for periodic nourishment over the 50-year life

of the project, with an estimated annual Federal cost of $431,000

and an estimated annual non-Federal cost of $125,000.

(b) PERIODIC BEACH NOURISHMENT.—Periodic beach nourishment is authorized for the project in accordance with section

506(a)(2) of the Water Resources Development Act of 1996 (110

Stat. 3757).

SEC. 314. NASSAU COUNTY, FLORIDA.

The project for beach erosion control, Nassau County (Amelia

Island), Florida, authorized by section 3(a)(3) of the Water Resources

Development Act of 1988 (102 Stat. 4013), is modified to authorize

the Secretary to construct the project at a total cost of $17,000,000,

with an estimated Federal cost of $13,300,000 and an estimated

non-Federal cost of $3,700,000, at an average annual cost of

$1,177,000 for periodic nourishment over the 50-year life of the

project, with an estimated annual Federal cost of $807,000 and

an estimated annual non-Federal cost of $370,000.

SEC. 315. MIAMI HARBOR CHANNEL, FLORIDA.

The project for navigation, Miami Harbor Channel, Florida,

authorized by section 101(a)(9) of the Water Resources Development

Act of 1990 (104 Stat. 4606), is modified to include construction

of artificial reefs and related environmental mitigation required

by Federal, State, and local environmental permitting agencies

for the project, if the Secretary determines that the project as

modified is technically sound, environmentally acceptable, and

economically justified.

SEC. 316. ST. AUGUSTINE, ST. JOHNS COUNTY, FLORIDA.

The project for shore protection and storm damage reduction,

St. Augustine, St. Johns County, Florida, authorized by section

501(a) of the Water Resources Development Act of 1986 (100 Stat.

4133) is modified to include navigation mitigation as a project

purpose and to be carried out by the Secretary substantially in

accordance with the general reevaluation report dated November

18, 1998, at a total cost of $17,208,000, with an estimated Federal

cost of $13,852,000 and an estimated non-Federal cost of $3,356,000,

and at an estimated average annual cost of $1,360,000 for periodic

nourishment over the 50-year life of the project, with an estimated

annual Federal cost of $1,095,000 and an estimated annual nonFederal cost of $265,000.

SEC. 317. MILO CREEK, IDAHO.

The Secretary shall reimburse the non-Federal interests for

65 percent of the reasonable costs of flood control for the South

Division Street Segment, Milo Creek Flood Control Project, Idaho,

to be constructed by the State of Idaho as described in the provision

entitled ‘‘Add Alternative I’’ in the Milo Creek Phase II plans

and specifications dated April 1999.

SEC. 318. LAKE MICHIGAN, ILLINOIS.

(a) IN GENERAL.—The project for storm damage reduction and

shore protection, Lake Michigan, Illinois, from Wilmette, Illinois,

to the Illinois-Indiana State line, authorized by section 101(a)(12)

of the Water Resources Development Act of 1996 (110 Stat. 3664),
S. 507—35

is modified to provide for reimbursement for additional project

work undertaken by the non-Federal interest.

(b) CREDIT OR REIMBURSEMENT.—The Secretary shall credit

or reimburse the non-Federal interest for the Federal share of

project costs incurred by the non-Federal interest in designing,

constructing, or reconstructing reach 2F (700 feet south of Fullerton

Avenue and 500 feet north of Fullerton Avenue), reach 3M (Meigs

Field), and segments 7 and 8 of reach 4 (43rd Street to 57th

Street), if the non-Federal interest carries out the work in accordance with plans approved by the Secretary, at an estimated total

cost of $83,300,000.

(c) REIMBURSEMENT.—The Secretary shall reimburse the nonFederal interest for the Federal share of project costs incurred

by the non-Federal interest in reconstructing the revetment structures protecting Solidarity Drive in Chicago, Illinois, before the

signing of the project cooperation agreement, at an estimated total

cost of $7,600,000.

SEC. 319. SPRINGFIELD, ILLINOIS.

Section 417 of the Water Resources Development Act of 1996

(110 Stat. 3743) is amended—

(1) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘The Secretary’’;

and

(2) by adding at the end the following:

‘‘(b) COST SHARING.—The non-Federal share of assistance provided under this section before, on, or after the date of enactment

of this subsection shall be 50 percent.’’.

SEC. 320. OGDEN DUNES, INDIANA.

(a) STUDY.—The Secretary shall conduct a study of beach erosion in and around the town of Ogden Dunes, Indiana, to determine

whether the damage is the result of a Federal navigation project.

(b) MITIGATION OF DAMAGE.—If the Secretary determines that

the damage described in subsection (a) is the result of a Federal

navigation project, the Secretary shall take appropriate measures

to mitigate the damage.

(c) COST.—The cost of the mitigation shall be allocated to the

Federal navigation project as an operation and maintenance cost.

SEC. 321. SAINT JOSEPH RIVER, SOUTH BEND, INDIANA.

(a) MAXIMUM TOTAL EXPENDITURE.—The maximum total

expenditure for the project for streambank erosion, recreation, and

pedestrian access features, Saint Joseph River, South Bend,

Indiana, shall be $7,800,000.

(b) REVISION OF PROJECT COOPERATION AGREEMENT.—The Secretary shall revise the project cooperation agreement for the project

referred to in subsection (a) to take into account the change in

the Federal participation in the project under subsection (a).

SEC. 322. WHITE RIVER, INDIANA.

The project for flood control, Indianapolis on West Fork of

the White River, Indiana, authorized by section 5 of the Act entitled

‘‘An Act authorizing the construction of certain public works on

rivers and harbors for flood control, and other purposes’’, approved

June 22, 1936 (49 Stat. 1586, chapter 688), as modified by section

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

3716), is modified to authorize the Secretary to undertake the
S. 507—36

riverfront alterations described in the Central Indianapolis Waterfront Concept Plan, dated February 1994, for the Canal Development (Upper Canal feature) and the Beveridge Paper feature, at

a total cost not to exceed $25,000,000, of which $12,500,000 is

the estimated Federal cost and $12,500,000 is the estimated nonFederal cost, except that no such alterations may be undertaken

unless the Secretary determines that the alterations authorized

by this section, in combination with the alterations undertaken

under section 323 of the Water Resources Development Act of

1996 (110 Stat. 3716), are economically justified.

SEC. 323. DUBUQUE, IOWA.

The project for navigation, Dubuque, Iowa, authorized by section 101 of the River and Harbor Act of 1960 (74 Stat. 482),

is modified to authorize the development of a wetland demonstration

area of approximately 1.5 acres to be developed and operated by

the Dubuque County Historical Society or a successor nonprofit

organization.

SEC. 324. LAKE PONTCHARTRAIN, LOUISIANA.

The project for hurricane-flood protection, Lake Pontchartrain,

Louisiana, authorized by section 204 of the Flood Control Act of

1965 (79 Stat. 1077), is modified—

(1) to direct the Secretary to conduct a study to determine

the feasibility of constructing a pump adjacent to each of the

4 proposed drainage structures for the Saint Charles Parish

feature of the project; and

(2) to authorize the Secretary to construct the pumps,

with a Federal cost of 65 percent, if the Secretary determines

that the project as modified is technically sound, environmentally acceptable, and economically justified.

SEC. 325. LAROSE TO GOLDEN MEADOW, LOUISIANA.

The project for hurricane protection Larose to Golden Meadow,

Louisiana, authorized by section 204 of the Flood Control Act of

1965 (79 Stat. 1077), is modified to authorize the Secretary to

convert the Golden Meadow floodgate into a navigation lock if

the Secretary determines that the conversion is technically feasible,

environmentally acceptable, and economically justified.

SEC. 326. LOUISIANA STATE PENITENTIARY LEVEE, LOUISIANA.

The Secretary may credit against the non-Federal share work

performed in the project area of the Louisiana State Penitentiary

Levee, Mississippi River, Louisiana, authorized by section 401(a)

of the Water Resources Development Act of 1986 (100 Stat. 4117).

SEC. 327. TWELVE-MILE BAYOU, CADDO PARISH, LOUISIANA.

The Red River Below Denison Dam project, authorized by section 10 of the Flood Control Act of 1946 (60 Stat. 647), is modified

to incorporate the Twelve-Mile Bayou and levee from its confluence

with the Red River and levee approximately 26 miles upstream

to the vicinity of Black Bayou, Caddo Parish, Louisiana.

SEC. 328. WEST BANK OF THE MISSISSIPPI RIVER (EAST OF HARVEY

CANAL), LOUISIANA.

(a) IN GENERAL.—The project to prevent flood damage and

for hurricane damage reduction, west bank of the Mississippi River

(east of Harvey Canal), Louisiana, authorized by section 401(b)

of the Water Resources Development Act of 1986 (100 Stat. 4128)
S. 507—37

and section 101(a)(17) of the Water Resources Development Act

of 1996 (110 Stat. 3665), is modified to direct the Secretary to

continue Federal operation and maintenance of the portion of the

project included in the report of the Chief of Engineers dated

May 1, 1995, referred to as ‘‘Algiers Channel’’.

(b) COMBINATION OF PROJECTS.—The Secretary shall carry out

work authorized as part of the Westwego to Harvey Canal project,

the East of Harvey Canal project, and the Lake Cataouatche modifications as a single project, to be known as the ‘‘West Bank and

Vicinity, New Orleans, Louisiana, Hurricane Protection Project’’,

with a combined total cost of $280,300,000.

SEC. 329. TOLCHESTER CHANNEL S-TURN, BALTIMORE, MARYLAND.

The project for navigation, Baltimore Harbor and Channels,

Maryland, authorized by section 101 of the River and Harbor Act

of 1958 (72 Stat. 297), is modified to direct the Secretary to

straighten the Tolchester Channel S-turn as part of project maintenance.

SEC. 330. SAULT SAINTE MARIE, CHIPPEWA COUNTY, MICHIGAN.

The project for navigation Sault Sainte Marie, Chippewa

County, Michigan, authorized by section 1149 of the Water

Resources Development Act of 1986 (100 Stat. 4254) and modified

by section 330 of the Water Resources Development Act of 1996

(110 Stat. 3717), is further modified to provide that the amount

to be paid by non-Federal interests under section 101(a) of the

Water Resources Development Act of 1986 (33 U.S.C. 2211(a)) and

section 330(a) of the Water Resources Development Act of 1996

shall not include any interest payments.

SEC. 331. JACKSON COUNTY, MISSISSIPPI.

The project for environmental infrastructure, Jackson County,

Mississippi, authorized by section 219(c)(5) of the Water Resources

Development Act of 1992 (106 Stat. 4835) and modified by section

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

3757), is further modified to direct the Secretary to provide a

credit, not to exceed $5,000,000, toward the non-Federal share

of the cost of the project for the costs incurred by the Jackson

County Board of Supervisors since February 8, 1994, in constructing

the project, if the Secretary determines that the work is compatible

with and integral to the project.

SEC. 332. BOIS BRULE DRAINAGE AND LEVEE DISTRICT, MISSOURI.

(a) MAXIMUM FEDERAL EXPENDITURE.—The maximum amount

of Federal funds that may be allocated for the project for flood

control, Bois Brule Drainage and Levee District, Missouri, authorized under section 205 of the Flood Control Act of 1948 (33 U.S.C.

701s), is $15,000,000.

(b) REVISION OF PROJECT COOPERATION AGREEMENT.—The Secretary shall revise the project cooperation agreement for the project

referred to in subsection (a) to take into account the change in

Federal participation in the project under subsection (a).

(c) COST SHARING.—Nothing in this section affects any costsharing requirement applicable to the project referred to in subsection (a) under title I of the Water Resources Development Act

of 1986 (33 U.S.C. 2211 et seq.).
S. 507—38

SEC. 333. MERAMEC RIVER BASIN, VALLEY PARK LEVEE, MISSOURI.

The project for flood control, Meramec River Basin, Valley

Park Levee, Missouri, authorized by section 2(h) of the Act entitled

‘‘An Act to deauthorize several projects within the jurisdiction of

the Army Corps of Engineers’’ (Public Law 97–128; 95 Stat. 1682)

and modified by section 1128 of the Water Resources Development

Act of 1986 (100 Stat. 4246), is further modified to authorize the

Secretary to construct the project at a maximum Federal expenditure of $35,000,000, if the Secretary determines that the project

as modified is technically sound, environmentally acceptable, and

economically justified.

SEC. 334. MISSOURI RIVER MITIGATION PROJECT, MISSOURI, KANSAS,

IOWA, AND NEBRASKA.

(a) IN GENERAL.—The project for mitigation of fish and wildlife

losses, Missouri River Bank Stabilization and Navigation Project,

Missouri, Kansas, Iowa, and Nebraska, authorized by section 601(a)

of the Water Resources Development Act of 1986 (100 Stat. 4143)

is modified to increase by 118,650 acres the amount of land and

interests in land to be acquired for the project.

(b) STUDY.— (1) IN GENERAL.—The Secretary, in conjunction with the

States of Missouri, Kansas, Iowa, and Nebraska, shall conduct

a study to determine the cost of restoring, under the authority

of the Missouri River fish and wildlife mitigation project, a

total of 118,650 acres of lost Missouri River fish and wildlife

habitat.

(2) REPORT.—Not later than 180 days after the date of

enactment of this Act, the Secretary shall report to Congress

on the results of the study.

SEC. 335. WOOD RIVER, GRAND ISLAND, NEBRASKA.

The project for flood control, Wood River, Grand Island,

Nebraska, authorized by section 101(a)(19) of the Water Resources

Development Act of 1996 (110 Stat. 3665), is modified to authorize

the Secretary to construct the project substantially in accordance

with the report of the Corps of Engineers dated June 29, 1998,

at a total cost of $17,039,000, with an estimated Federal cost

of $9,730,000 and an estimated non-Federal cost of $7,309,000.

SEC. 336. ABSECON ISLAND, NEW JERSEY.

The project for storm damage reduction and shore protection,

Brigantine Inlet to Great Egg Harbor Inlet, Absecon Island, New

Jersey, authorized by section 101(b)(13) of the Water Resources

Development Act of 1996 (110 Stat. 3668), is modified to provide

that if, after October 12, 1996, the non-Federal interests carry

out any work associated with the project that is later recommended

by the Chief of Engineers and approved by the Secretary, the

Secretary may provide the non-Federal interests credit toward the

non-Federal share of the cost of the project in an amount equal

to the Federal share of the cost of the work, without interest.

SEC. 337. NEW YORK HARBOR AND ADJACENT CHANNELS, PORT

JERSEY, NEW JERSEY.

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

and Adjacent Channels, New York and New Jersey, authorized

by section 202(b) of the Water Resources Development Act of 1986

(100 Stat. 4098), is further modified to authorize the Secretary
S. 507—39

to construct the portion of the project that is located between

Military Ocean Terminal Bayonne and Global Terminal in Bayonne,

New Jersey, at a total cost of $103,267,000, with an estimated

Federal cost of $76,909,000 and an estimated non-Federal cost

of $26,358,000.

(b) LIMITATION.—No funds may be obligated to carry out work

under the modification under subsection (a) until completion of

a final report by the Chief of Engineers finding that the work

is technically sound, environmentally acceptable, and economically

justified.

SEC. 338. ARTHUR KILL, NEW YORK AND NEW JERSEY.

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

York and New Jersey, authorized by section 202(b) of the Water

Resources Development Act of 1986 (100 Stat. 4098) and modified

by section 301(b)(11) of the Water Resources Development Act of

1996 (110 Stat. 3711), is further modified to authorize the Secretary

to construct the project substantially in accordance with the report

of the Corps of Engineers dated July 23, 1999, at a total cost

of $315,700,000, with an estimated Federal cost of $183,200,000

and an estimated non-Federal cost of $132,500,000.

(b) CREDIT.—The Secretary may provide non-Federal

interests—

(1) credit toward cash contributions required prior to and

during construction and subsequent to construction for planning, engineering, and design and construction management

work that is performed by non-Federal interests and that the

Secretary determines is necessary to implement the project;

and

(2) credit toward cash contributions required during

construction and subsequent to construction for the costs of

construction carried out by the non-Federal interest on behalf

of the Secretary and that the Secretary determines is necessary

to implement the project.

SEC. 339. KILL VAN KULL AND NEWARK BAY CHANNELS, NEW YORK

AND NEW JERSEY.

The project for navigation, Kill Van Kull and Newark Bay

Channels, New York and New Jersey, authorized by chapter IV

of title I of the Supplemental Appropriations Act, 1985 (99 Stat.

313), section 202(a) of the Water Resources Development Act of

1986 (100 Stat. 4095), and section 301(b)(12) of the Water Resources

Development Act of 1996 (110 Stat. 3711), is further modified

to authorize the Secretary to provide the non-Federal interests

credit toward cash contributions required—

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

engineering and design, and construction management work

that is performed by the non-Federal interests and that the

Secretary determines is necessary to implement the project;

and

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

construction that the non-Federal interests carry out on behalf

of the Secretary and that the Secretary determines is necessary

to implement the project.

SEC. 340. NEW YORK CITY WATERSHED.

Section 552 of the Water Resources Development Act of 1996

(110 Stat. 3779) is amended—
S. 507—40

(1) in subsection (d), by striking ‘‘for the project to be

carried out with such assistance’’ and inserting ‘‘, or a public

entity designated by the State director, to carry out the project

with the assistance, subject to the project’s meeting the certification requirement of subsection (c)(1)’’; and

(2) in subsection (i), by striking ‘‘$22,500,000’’ and inserting

‘‘$42,500,000’’.

SEC. 341. NEW YORK STATE CANAL SYSTEM.

Section 553(e) of the Water Resources Development Act of

1996 (110 Stat. 3781) is amended by striking ‘‘$8,000,000’’ and

inserting ‘‘$18,000,000’’.

SEC. 342. FIRE ISLAND INLET TO MONTAUK POINT, NEW YORK.

The project for combined beach erosion control and hurricane

protection, Fire Island Inlet to Montauk Point, Long Island, New

York, authorized by section 101(a) of the River and Harbor Act

of 1960 (74 Stat. 483) and modified by the River and Harbor

Act of 1962, the Water Resources Development Act of 1974, and

the Water Resources Development Act of 1986, is further modified

to direct the Secretary, in coordination with the heads of other

Federal departments and agencies, to complete all procedures and

reviews expeditiously and to adopt and submit to Congress, not

later than 120 days after the date of enactment of this Act, a

mutually acceptable shore erosion plan for the Fire Island Inlet

to Moriches Inlet reach of the project.

SEC. 343. BROKEN BOW LAKE, RED RIVER BASIN, OKLAHOMA.

The project for flood control and water supply, Broken Bow

Lake, Red River Basin, Oklahoma, authorized by section 203 of

the Flood Control Act of 1958 (72 Stat. 309) and modified by

section 203 of the Flood Control Act of 1962 (76 Stat. 1187), section

102(v) of the Water Resources Development Act of 1992 (106 Stat.

4808), and section 338 of the Water Resources Development Act

of 1996 (110 Stat. 3720), is further modified to require the Secretary

to make seasonal adjustments to the top of the conservation pool

at the project, if the Secretary determines that the adjustments

will be undertaken at no cost to the United States and will adequately protect affected water and related resources, as follows:

(1) Maintain an elevation of 599.5 from November 1

through March 31.

(2) Increase elevation gradually from 599.5 to 602.5 during

April and May.

(3) Maintain an elevation of 602.5 from June 1 to September 30.

(4) Decrease elevation gradually from 602.5 to 599.5 during

October.

SEC. 344. WILLAMETTE RIVER TEMPERATURE CONTROL, MCKENZIE

SUBBASIN, OREGON.

(a) IN GENERAL.—The project for environmental restoration,

Willamette River Temperature Control, McKenzie Subbasin,

Oregon, authorized by section 101(a)(25) of the Water Resources

Development Act of 1996 (110 Stat. 3665), is modified to authorize

the Secretary to construct the project substantially in accordance

with the Feature Memorandum dated July 31, 1998, at a total

cost of $64,741,000, if the Secretary determines that the project

as modified is technically sound and environmentally acceptable.
S. 507—41

(b) REPORT.—Not later than 90 days after the date of enactment

of this Act, the Secretary shall submit to Congress a report that—

(1) states the reasons for the increase in the cost of the

project;

(2) outlines the steps that the Corps of Engineers is taking

to control project costs, including the application of value

engineering and other appropriate measures; and

(3) includes a cost estimate for, and recommendations on

the advisability of, adding fish screens to the project.

SEC. 345. CURWENSVILLE LAKE, PENNSYLVANIA.

Section 562 of the Water Resources Development Act of 1996

(110 Stat. 3784) is amended—

(1) by striking ‘‘The Secretary’’ and inserting the following:

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

(2) by adding at the end the following:

‘‘(b) RECREATION FACILITIES.—The Secretary—

‘‘(1) may provide design and construction assistance for

recreational facilities at Curwensville Lake; and

‘‘(2) may require the non-Federal interest to provide not

more than 25 percent of the cost of designing and constructing

the recreational facilities.’’.

SEC. 346. DELAWARE RIVER, PENNSYLVANIA AND DELAWARE.

The project for navigation, Delaware River, Philadelphia to

Wilmington, Pennsylvania and Delaware, authorized by section

3(a)(12) of the Water Resources Development Act of 1988 (102

Stat. 4014), is modified to authorize the Secretary to extend the

channel of the Delaware River at Camden, New Jersey, to within

150 feet of the existing bulkhead and to relocate the 40-foot deep

Federal navigation channel, eastward within Philadelphia Harbor,

from the Ben Franklin Bridge to the Walt Whitman Bridge, into

deep water, if the Secretary determines that the project as modified

is technically sound, economically acceptable, and economically

justified.

SEC. 347. MUSSERS DAM, PENNSYLVANIA.

Section 209 of the Water Resources Development Act of 1992

(106 Stat. 4830) is amended—

(1) by striking subsection (e); and

(2) by redesignating subsection (f) as subsection (e).

SEC. 348. PHILADELPHIA, PENNSYLVANIA.

Section 564(c)(2) of the Water Resources Development Act of

1996 (110 Stat. 3785) is amended by striking ‘‘$2,700,000’’ and

inserting ‘‘$4,000,000’’.

SEC. 349. NINE MILE RUN, ALLEGHENY COUNTY, PENNSYLVANIA.

If the Secretary determines that the documentation is integral

to the project, the Secretary shall credit against the non-Federal

share such costs, not to exceed $1,000,000, as are incurred by

the non-Federal interests in preparing the environmental restoration report, planning and design-phase scientific and engineering

technical services documentation, and other preconstruction documentation for the habitat restoration project, Nine Mile Run,

Pennsylvania.
S. 507—42

SEC. 350. RAYSTOWN LAKE, PENNSYLVANIA.

(a) RECREATION PARTNERSHIP INITIATIVE.—Section 519(b) of the

Water Resources Development Act of 1996 (33 U.S.C. 2328 note;

110 Stat. 3765) is amended—

(1) by redesignating paragraph (3) as paragraph (4); and

(2) by inserting after paragraph (2) the following:

‘‘(3) ENGINEERING AND DESIGN SERVICES.—The Secretary

may perform engineering and design services for project infrastructure expected to be associated with the development of

the site at Raystown Lake, Hesston, Pennsylvania.’’.

(b) CONSTRUCTION ASSISTANCE.— (1) IN GENERAL.—Consistent with the master plan

described in section 318 of the Water Resources Development

Act of 1992 (106 Stat. 4848), the Secretary may provide a

grant to Juniata College for the construction of facilities and

structures at Raystown Lake, Pennsylvania, to interpret and

understand environmental conditions and trends. As a condition

of the receipt of financial assistance, officials at Juniata College

shall coordinate the construction with the Baltimore District

of the Army Corps of Engineers.

(2) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this subsection $5,000,000.

SEC. 351. SOUTH CENTRAL PENNSYLVANIA.

(a) AUTHORIZATION OF APPROPRIATIONS.—Section 313(g)(1) of

the Water Resources Development Act of 1992 (106 Stat. 4846;

110 Stat. 3723) is amended by striking ‘‘$80,000,000’’ and inserting

‘‘$180,000,000’’.

(b) CORPS OF ENGINEERS EXPENSES.—Section 313(g) of the

Water Resources Development Act of 1992 (106 Stat. 4846) is

amended by adding at the end the following:

‘‘(4) CORPS OF ENGINEERS EXPENSES.—10 percent of the

amounts appropriated to carry out this section for each of

fiscal years 2000 through 2002 may be used by the Corps

of Engineers district offices to administer and implement

projects under this section at 100 percent Federal expense.’’.

SEC. 352. FOX POINT HURRICANE BARRIER, PROVIDENCE, RHODE

ISLAND.

The project for hurricane-flood protection, Fox Point, Providence, Rhode Island, authorized by section 203 of the Flood Control

Act of 1958 (72 Stat. 306), is modified to direct the Secretary

to undertake the necessary repairs to the barrier, as identified

in the Condition Survey and Technical Assessment dated April

1998, with Supplement dated August 1998, at a total cost of

$3,000,000, with an estimated Federal cost of $1,950,000 and an

estimated non-Federal cost of $1,050,000.

SEC. 353. COOPER RIVER, CHARLESTON HARBOR, SOUTH CAROLINA.

(a) IN GENERAL.—The project for rediversion, Cooper River,

Charleston Harbor, South Carolina, authorized by section 101 of

the River and Harbor Act of 1968 (82 Stat. 731) and modified

by title I of the Energy and Water Development Appropriations

Act, 1992 (105 Stat. 517), is further modified to authorize the

Secretary to pay to the State of South Carolina not more than

$3,750,000 if the Secretary and the State enter into a binding

agreement for the State to perform all future operation of the
S. 507—43

fish lift at St. Stephen, South Carolina, including performance

of studies to assess the efficacy of the fish lift.

(b) CONTENTS OF AGREEMENT.—The agreement under subsection (a) shall specify—

(1) the terms and conditions under which payment will

be made; and

(2) the rights of, and remedies available to, the Federal

Government to recover all or a portion of the payment if the

State suspends or terminates operation of the fish lift or fails

to operate the fish lift in a manner satisfactory to the Secretary.

(c) MAINTENANCE.—Maintenance of the fish lift shall remain

a Federal responsibility.

SEC. 354. CLEAR CREEK, TEXAS.

Section 575 of the Water Resources Development Act of 1996

(110 Stat. 3789) is amended—

(1) in subsection (a)—

(A) by inserting ‘‘or nonstructural actions’’ after ‘‘flood

control works constructed’’; and

(B) by inserting ‘‘or nonstructural actions’’ after

‘‘construction of the project’’; and

(2) in subsection (b)—

(A) in paragraph (2), by striking ‘‘and’’ at the end;

(B) in paragraph (3), by striking the period at the

end and inserting ‘‘; and’’; and

(C) by adding at the end the following:

‘‘(4) the project for flood control, Clear Creek, Texas, authorized by section 203 of the Flood Control Act of 1968 (82 Stat.

742).’’.

SEC. 355. CYPRESS CREEK, TEXAS.

(a) IN GENERAL.—The project for flood control, Cypress Creek,

Texas, authorized by section 3(a)(13) of the Water Resources

Development Act of 1988 (102 Stat. 4014), is modified to authorize

the Secretary to carry out a nonstructural flood control project

at a total cost of $5,000,000.

(b) REIMBURSEMENT FOR WORK.—The Secretary may reimburse

the non-Federal interest for the Cypress Creek project for work

done by the non-Federal interest on the nonstructural flood control

project in an amount equal to the estimate of the Federal share,

without interest, of the cost of the work—

(1) if, after authorization and before initiation of construction of the nonstructural project, the Secretary approves the

plans for construction of the nonstructural project by the nonFederal interest; and

(2) if the Secretary finds, after a review of studies and

design documents prepared to carry out the nonstructural

project, that construction of the nonstructural project is

economically justified and environmentally acceptable.

SEC. 356. DALLAS FLOODWAY EXTENSION, DALLAS, TEXAS.

The project for flood control, Dallas Floodway Extension, Dallas,

Texas, authorized by section 301 of the River and Harbor Act

of 1965 (79 Stat. 1091) and modified by section 351 of the Water

Resources Development Act of 1996 (110 Stat. 3724), is further

modified to add environmental restoration and recreation as project

purposes.
S. 507—44

SEC. 357. UPPER JORDAN RIVER, UTAH.

The project for flood control, Upper Jordan River, Utah, authorized by section 101(a)(23) of the Water Resources Development

Act of 1990 (104 Stat. 4610) and modified by section 301(a)(14)

of the Water Resources Development Act of 1996 (110 Stat. 3709),

is further modified to direct the Secretary to carry out the locally

preferred project, entitled ‘‘Upper Jordan River Flood Control

Project, Salt Lake County, Utah—Supplemental Information’’ and

identified in the document of Salt Lake County, Utah, dated July

30, 1998, at a total cost of $12,870,000, with an estimated Federal

cost of $8,580,000 and an estimated non-Federal cost of $4,290,000,

if the Secretary determines that the project as modified is technically sound, environmentally acceptable, and economically justified.

SEC. 358. ELIZABETH RIVER, CHESAPEAKE, VIRGINIA.

Notwithstanding any other provision of law, after September

30, 1999, the city of Chesapeake, Virginia, shall not be obligated

to make the annual cash contribution required under paragraph

1(9) of the Local Cooperation Agreement dated December 12, 1978,

between the Government and the city for the project for navigation,

southern branch of the Elizabeth River, Chesapeake, Virginia.

SEC. 359. COLUMBIA RIVER CHANNEL, WASHINGTON AND OREGON.

(a) IN GENERAL.—The project for navigation, Columbia River

between Vancouver, Washington, and The Dalles, Oregon, authorized by the first section of the Act of July 24, 1946 (60 Stat.

637, chapter 595), is modified to authorize the Secretary to construct

an alternate barge channel to traverse the high span of the Interstate Route 5 bridge between Portland, Oregon, and Vancouver,

Washington, to a depth of 17 feet, with a width of approximately

200 feet through the high span of the bridge and a width of

approximately 300 feet upstream of the bridge.

(b) DISTANCE UPSTREAM.—The channel shall continue upstream

of the bridge approximately 2,500 feet to about river mile 107,

then to a point of convergence with the main barge channel at

about river mile 108.

(c) DISTANCE DOWNSTREAM.—

(1) SOUTHERN EDGE.—The southern edge of the channel

shall continue downstream of the bridge approximately 1,500

feet to river mile 106+10, then turn northwest to tie into

the edge of the Upper Vancouver Turning Basin.

(2) NORTHERN EDGE.—The northern edge of the channel

shall continue downstream of the bridge to the Upper Vancouver Turning Basin.

SEC. 360. GREENBRIER RIVER BASIN, WEST VIRGINIA.

Section 579(c) of the Water Resources Development Act of 1996

(110 Stat. 3790) is amended by striking ‘‘$12,000,000’’ and inserting

‘‘$47,000,000’’.

SEC. 361. BLUESTONE LAKE, OHIO RIVER BASIN, WEST VIRGINIA.

Section 102(ff) of the Water Resources Development Act of

1992 (106 Stat. 4810) is amended by striking ‘‘take such measures

as are technologically feasible’’ and inserting ‘‘implement Plan C/

G, as defined in the Evaluation Report of the District Engineer

dated December 1996,’’.
S. 507—45

SEC. 362. MOOREFIELD, WEST VIRGINIA.

Effective October 1, 1999, the project for flood control, Moorefield, West Virginia, authorized by section 101(a)(25) of the Water

Resources Development Act of 1990 (104 Stat. 4610), is modified

to provide that the non-Federal interest shall not be required to

pay the unpaid balance, including interest, of the non-Federal share

of the cost of the project.

SEC. 363. WEST VIRGINIA AND PENNSYLVANIA FLOOD CONTROL.

Section 581 of the Water Resources Development Act of 1996

(110 Stat. 3790) is amended by striking subsection (a) and inserting

the following:

‘‘(a) IN GENERAL.—The Secretary may design and construct—

‘‘(1) flood control measures in the Cheat and Tygart River

basins, West Virginia, at a level of protection that is sufficient

to prevent any future losses to communities in the basins

from flooding such as occurred in January 1996, but not less

than a 100-year level of protection; and

‘‘(2) structural and nonstructural flood control, streambank

protection, stormwater management, and channel clearing and

modification measures in the lower Allegheny, lower

Monongahela, West Branch Susquehanna, and Juniata River

basins, Pennsylvania, at a level of protection that is sufficient

to prevent any future losses to communities in the basins

from flooding such as occurred in January 1996, but not less

than a 100-year level of flood protection with respect to measures that incorporate levees or floodwalls.’’.

SEC. 364. PROJECT REAUTHORIZATIONS.

Each of the following projects is authorized to be carried out

by the Secretary, if the Secretary determines that the project is

technically sound, environmentally acceptable, and economically

justified, as appropriate:

(1) INDIAN RIVER COUNTY, FLORIDA.—The project for shore

protection, Indian River County, Florida, authorized by section

501(a) of the Water Resources Development Act of 1986 (100

Stat. 4134) and deauthorized under section 1001(b)(1) of the

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

579a(b)(1)).

(2) LIDO KEY BEACH, SARASOTA, FLORIDA.—

(A) IN GENERAL.—The project for shore protection, Lido

Key Beach, Sarasota, Florida, authorized by section 101

of the River and Harbor Act of 1970 (84 Stat. 1819) and

deauthorized under section 1001(b) of the Water Resources

Development Act of 1986 (33 U.S.C. 579a(b)), at a total

cost of $5,200,000, with an estimated Federal cost of

$3,380,000 and an estimated non-Federal cost of

$1,820,000.

(B) PERIODIC NOURISHMENT.—The Secretary may carry

out periodic nourishment for the project for a 50-year period

at an estimated average annual cost of $602,000, with

an estimated annual Federal cost of $391,000 and an estimated annual non-Federal cost of $211,000.

(3) CASS RIVER, MICHIGAN (VASSAR).—The project for flood

protection, Cass River, Michigan (Vassar), authorized by section

203 of the Flood Control Act of 1958 (72 Stat. 311) and
S. 507—46

deauthorized under section 1001(b)(2) of the Water Resources

Development Act of 1986 (33 U.S.C. 579a(b)(2)).

(4) SAGINAW RIVER, MICHIGAN (SHIAWASSEE FLATS).—The

project for flood control, Saginaw River, Michigan (Shiawassee

Flats), authorized by section 203 of the Flood Control Act

of 1958 (72 Stat. 311) and deauthorized under section 1001(b)(2)

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

579a(b)(2)).

(5) PARK RIVER, GRAFTON, NORTH DAKOTA.—The project for

flood control, Park River, Grafton, North Dakota, authorized

by section 401(a) of the Water Resources Development Act

of 1986 (100 Stat. 4121) and deauthorized under section 1001(a)

of that Act (33 U.S.C. 579a(a)), at a total cost of $28,100,000,

with an estimated Federal cost of $18,265,000 and an estimated

non-Federal cost of $9,835,000.

(6) MEMPHIS HARBOR, MEMPHIS, TENNESSEE.—The project

for navigation, Memphis Harbor, Memphis, Tennessee, authorized by section 601(a) of the Water Resources Development

Act of 1986 (100 Stat. 4145) and deauthorized pursuant to

section 1001(a) of that Act (33 U.S.C 579a(a)), is authorized

to be carried out by the Secretary.

SEC. 365. PROJECT DEAUTHORIZATIONS.

(a) IN GENERAL.—The following projects or portions of projects

are not authorized after the date of enactment of this Act:

(1) BRIDGEPORT HARBOR, CONNECTICUT.—The portion of the

project for navigation, Bridgeport Harbor, Connecticut, authorized by section 101 of the River and Harbor Act of 1958 (72

Stat. 297), consisting of a 2.4-acre anchorage area, 9 feet deep,

and an adjacent 0.6-acre anchorage area, 6 feet deep, located

on the west side of Johnsons River.

(2) CLINTON HARBOR, CONNECTICUT.—The portion of the

project for navigation, Clinton Harbor, Connecticut, authorized

by section 2 of the Act of March 2, 1945 (59 Stat. 13, chapter

19), and House Document 240, 76th Congress, 1st Session,

lying upstream of a line designated by the points N158,592.12,

E660,193.92 and N158,444.58, E660,220.95.

(3) BASS HARBOR, MAINE.—The following portions of the

project for navigation, Bass Harbor, Maine, authorized on May

7, 1962, under section 107 of the River and Harbor Act of

1960 (33 U.S.C. 577):

(A) Beginning at a bend in the project, N149040.00,

E538505.00, thence running easterly about 50.00 feet along

the northern limit of the project to a point N149061.55,

E538550.11, thence running southerly about 642.08 feet

to a point, N148477.64, E538817.18, thence running southwesterly about 156.27 feet to a point on the westerly limit

of the project, N148348.50, E538737.02, thence running

northerly about 149.00 feet along the westerly limit of

the project to a bend in the project, N148489.22,

E538768.09, thence running northwesterly about 610.39

feet along the westerly limit of the project to the point

of origin.

(B) Beginning at a point on the westerly limit of the

project, N148118.55, E538689.05, thence running southeasterly about 91.92 feet to a point, N148041.43,

E538739.07, thence running southerly about 65.00 feet to
S. 507—47

a point, N147977.86, E538725.51, thence running southwesterly about 91.92 feet to a point on the westerly limit

of the project, N147927.84, E538648.39, thence running

northerly about 195.00 feet along the westerly limit of

the project to the point of origin.

(4) BOOTHBAY HARBOR, MAINE.—The project for navigation,

Boothbay Harbor, Maine, authorized by the Act of July 25,

1912 (37 Stat. 201, chapter 253).

(5) BUCKSPORT HARBOR, MAINE.—The portion of the project

for navigation, Bucksport Harbor, Maine, authorized by the

first section of the Act of June 13, 1902 (32 Stat. 331, chapter

1079), consisting of a 16-foot deep channel beginning at a

point N268.748.16, E423.390.76, thence running north 47

degrees 02 minutes 23 seconds east 51.76 feet to a point

N268.783.44, E423.428.64, thence running north 67 degrees

54 minutes 32 seconds west 1513.94 feet to a point N269.352.81,

E422.025.84, thence running south 47 degrees 02 minutes 23

seconds west 126.15 feet to a point N269.266.84, E421.933.52,

thence running south 70 degrees 24 minutes 28 seconds east

1546.79 feet to the point of origin.

(6) CARVERS HARBOR, VINALHAVEN, MAINE.—The portion of

the project for navigation, Carvers Harbor, Vinalhaven, Maine,

authorized by the Act of June 3, 1896 (commonly known as

the ‘‘River and Harbor Appropriations Act of 1896’’) (29 Stat.

202, chapter 314), consisting of the 16-foot anchorage beginning

at a point with coordinates N137,502.04, E895,156.83, thence

running south 6 degrees 34 minutes 57.6 seconds west 277.660

feet to a point N137,226.21, E895,125.00, thence running north

53 degrees, 5 minutes 42.4 seconds west 127.746 feet to a

point N137,302.92, E895022.85, thence running north 33

degrees 56 minutes 9.8 seconds east 239.999 feet to the point

of origin.

(7) EAST BOOTHBAY HARBOR, MAINE.—Section 364 of the

Water Resources Development Act of 1996 is amended by

striking paragraph (9) (110 Stat. 3734) and inserting the following:

‘‘(9) EAST BOOTHBAY HARBOR, MAINE.—The project for

navigation, East Boothbay Harbor, Maine, authorized by the

first section of the Act entitled ‘An Act making appropriations

for the construction, repair, and preservation of certain public

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

June 25, 1910 (36 Stat. 631, chapter 382).’’.

(8) SEARSPORT HARBOR, SEARSPORT, MAINE.—The portion

of the project for navigation, Searsport Harbor, Searsport,

Maine, authorized by section 101 of the River and Harbor

Act of 1962 (76 Stat. 1173), consisting of the 35-foot turning

basin beginning at a point with coordinates N225,008.38,

E395,464.26, thence running north 43 degrees 49 minutes 53.4

seconds east 362.001 feet to a point N225,269.52, E395,714.96,

thence running south 71 degrees 27 minutes 33.0 seconds east

1,309.201 feet to a point N224,853.22, E396,956.21, thence running north 84 degrees 3 minutes 45.7 seconds west 1,499.997

feet to the point of origin.

(9) WELLS HARBOR, MAINE.—The following portions of the

project for navigation, Wells Harbor, Maine, authorized by section 101 of the River and Harbor Act of 1960 (74 Stat. 480):
S. 507—48

(A) The portion of the 6-foot channel the boundaries

of which begin at a point with coordinates N177,992.00,

E394,831.00, thence running south 83 degrees 58 minutes

14.8 seconds west 10.38 feet to a point N177,990.91,

E394,820.68, thence running south 11 degrees 46 minutes

47.7 seconds west 991.76 feet to a point N177,020.04,

E394,618.21, thence running south 78 degrees 13 minutes

45.7 seconds east 10.00 feet to a point N177,018.00,

E394,628.00, thence running north 11 degrees 46 minutes

22.8 seconds east 994.93 feet to the point of origin.

(B) The portion of the 6-foot anchorage the boundaries

of which begin at a point with coordinates N177,778.07,

E394,336.96, thence running south 51 degrees 58 minutes

32.7 seconds west 15.49 feet to a point N177,768.53,

E394,324.76, thence running south 11 degrees 46 minutes

26.5 seconds west 672.87 feet to a point N177,109.82,

E394,187.46, thence running south 78 degrees 13 minutes

45.7 seconds east 10.00 feet to a point N177,107.78,

E394,197.25, thence running north 11 degrees 46 minutes

25.4 seconds east 684.70 feet to the point of origin.

(C) The portion of the 10-foot settling basin the boundaries of which begin at a point with coordinates

N177,107.78, E394,197.25, thence running north 78 degrees

13 minutes 45.7 seconds west 10.00 feet to a point

N177,109.82, E394,187.46, thence running south 11 degrees

46 minutes 15.7 seconds west 300.00 feet to a point

N176,816.13, E394,126.26, thence running south 78 degrees

12 minutes 21.4 seconds east 9.98 feet to a point

N176,814.09, E394,136.03, thence running north 11 degrees

46 minutes 29.1 seconds east 300.00 feet to the point of

origin.

(D) The portion of the 10-foot settling basin the boundaries of which begin at a point with coordinates

N177,018.00, E394,628.00, thence running north 78 degrees

13 minutes 45.7 seconds west 10.00 feet to a point

N177,020.04, E394,618.21, thence running south 11 degrees

46 minutes 44.0 seconds west 300.00 feet to a point

N176,726.36, E394,556.97, thence running south 78 degrees

12 minutes 30.3 seconds east 10.03 feet to a point

N176,724.31, E394,566.79, thence running north 11 degrees

46 minutes 22.4 seconds east 300.00 feet to the point of

origin.

(10) FALMOUTH HARBOR, MASSACHUSETTS.—The portion of

the project for navigation, Falmouth Harbor, Massachusetts,

authorized by section 101 of the River and Harbor Act of

1948 (62 Stat. 1172) lying southeasterly of a line commencing

at a point N199,286.41, E844,394.91, thence running north

66 degrees 52 minutes 3.31 seconds east 472.95 feet to a point

N199,472.21, E844,829.83, thence running north 43 degrees

9 minutes 28.3 seconds east 262.64 feet to a point N199,633.80,

E845,009.48, thence running north 21 degrees 40 minutes 11.26

seconds east 808.38 feet to a point N200,415.05, E845,307.98,

thence running north 32 degrees 25 minutes 29.01 seconds

east 160.76 feet to a point N200,550.75, E845,394.18, thence

running north 24 degrees 56 minutes 42.29 seconds east

1,410.29 feet to a point N201,829.48, E845,988.97.
S. 507—49

(11) GREEN HARBOR, MASSACHUSETTS.—The portion of the

project for navigation, Green Harbor, Massachusetts, undertaken pursuant to section 107 of the River and Harbor Act

of 1960 (33 U.S.C. 577), consisting of the 6-foot deep channel

beginning at a point along the west limit of the existing project,

north 395990.43, east 831079.16, thence running northwesterly

about 752.85 feet to a point, north 396722.80, east 830904.76,

thence running northwesterly about 222.79 feet to a point along

the west limit of the existing project, north 396844.34, east

830718.04, thence running southwesterly about 33.72 feet along

the west limit of the existing project to a point, north 396810.80,

east 830714.57, thence running southeasterly about 195.42 feet

along the west limit of the existing project to a point, north

396704.19, east 830878.35, thence running about 544.66 feet

along the west limit of the existing project to a point, north

396174.35, east 831004.52, thence running southeasterly about

198.49 feet along the west limit of the existing project to the

point of beginning.

(12) NEW BEDFORD AND FAIRHAVEN HARBOR, MASSACHUSETTS.—The following portions of the project for navigation,

New Bedford and Fairhaven Harbor, Massachusetts:

(A) A portion of the 25-foot spur channel leading to

the west of Fish Island, authorized by section 3 of the

Act of March 3, 1909 (35 Stat. 816, chapter 264), beginning

at a point with coordinates N232,173.77, E758,791.32,

thence running south 27 degrees 36 minutes 52.8 seconds

west 38.2 feet to a point N232,139.91, E758,773.61, thence

running south 87 degrees 35 minutes 31.6 seconds west

196.84 feet to a point N232,131.64, E758,576.94, thence

running north 47 degrees 47 minutes 48.4 seconds west

502.72 feet to a point N232,469.35, E758,204.54, thence

running north 10 degrees 10 minutes 20.3 seconds west

438.88 feet to a point N232,901.33, E758,127.03, thence

running north 79 degrees 49 minutes 43.1 seconds east

121.69 feet to a point N232,922.82, E758,246.81, thence

running south 04 degrees 29 minutes 17.6 seconds east

52.52 feet to a point N232,870.46, E758,250.92, thence

running south 23 degrees 56 minutes 11.2 seconds east

49.15 feet to a point N323,825.54, E758,270.86, thence

running south 79 degrees 49 minutes 27.0 seconds west

88.19 feet to a point N232,809.96, E758,184.06, thence

running south 10 degrees 10 minutes 25.7 seconds east

314.83 feet to a point N232,500.08, E758,239.67, thence

running south 56 degrees 33 minutes 56.1 seconds east

583.07 feet to a point N232,178.82, E758,726.25, thence

running south 85 degrees 33 minutes 16.0 seconds east

to the point of origin.

(B) A portion of the 30-foot west maneuvering basin,

authorized by the first section of the Act of July 3, 1930

(46 Stat. 918, chapter 847), beginning at a point with

coordinates N232,139.91, E758,773.61, thence running

north 81 degrees 49 minutes 30.1 seconds east 160.76

feet to a point N232,162.77, E758.932.74, thence running

north 85 degrees 33 minutes 16.0 seconds west 141.85

feet to a point N232,173.77, E758,791.32, thence running

south 27 degrees 36 minutes 52.8 seconds west to the

point of origin.
S. 507—50

(b) ANCHORAGE AREA, CLINTON HARBOR, CONNECTICUT.—The

portion of the Clinton Harbor, Connecticut, navigation project

referred to in subsection (a)(2) beginning at a point with coordinates

N158,444.58, E660,220.95, thence running north 79 degrees 37

minutes 14 seconds east 833.31 feet to a point N158,594.72,

E661,040.67, thence running south 80 degrees 51 minutes 53 seconds east 181.21 feet to a point N158,565.95, E661,219.58, thence

running north 57 degrees 38 minutes 04 seconds west 126.02 feet

to a point N158,633.41, E660,113.14, thence running south 79

degrees 37 minutes 14 seconds west 911.61 feet to a point

N158,469.17, E660,216.44, thence running south 10 degrees 22

minutes 46 seconds east 25 feet returning to a point N158,444.58,

E660,220.95, is redesignated as an anchorage area.

(c) WELLS HARBOR, MAINE.—

(1) PROJECT MODIFICATION.—The Wells Harbor, Maine,

navigation project referred to in subsection (a)(9) is modified

to authorize the Secretary to realign the channel and anchorage

areas based on a harbor design capacity of 150 craft.

(2) REDESIGNATIONS.—

(A) 6-FOOT ANCHORAGE.—The following portions of the

Wells Harbor, Maine, navigation project referred to in subsection (a)(9) shall be redesignated as part of the 6-foot

anchorage:

(i) The portion of the 6-foot channel the boundaries

of which begin at a point with coordinates N177,990.91,

E394,820.68, thence running south 83 degrees 58 minutes 40.8 seconds west 94.65 feet to a point

N177,980.98, E394,726.55, thence running south 11

degrees 46 minutes 22.4 seconds west 962.83 feet to

a point N177,038.40, E394,530.10, thence running

south 78 degrees 13 minutes 45.7 seconds east 90.00

feet to a point N177,020.04, E394,618.21, thence running north 11 degrees 46 minutes 47.7 seconds east

991.76 feet to the point of origin.

(ii) The portion of the 10-foot inner harbor settling

basin the boundaries of which begin at a point with

coordinates N177,020.04, E394,618.21, thence running

north 78 degrees 13 minutes 30.5 seconds west 160.00

feet to a point N177,052.69, E394,461.58, thence running south 11 degrees 46 minutes 45.4 seconds west

299.99 feet to a point N176,759.02, E394,400.34, thence

running south 78 degrees 13 minutes 17.9 seconds

east 160 feet to a point N176,726.36, E394,556.97,

thence running north 11 degrees 46 minutes 44.0 seconds east 300.00 feet to the point of origin.

(B) 6-FOOT CHANNEL.—The following portion of the

Wells Harbor, Maine, navigation project referred to in subsection (a)(9) shall be redesignated as part of the 6-foot

channel: the portion of the 6-foot anchorage the boundaries

of which begin at a point with coordinates N178,102.26,

E394,751.83, thence running south 51 degrees 59 minutes

42.1 seconds west 526.51 feet to a point N177,778.07,

E394,336.96, thence running south 11 degrees 46 minutes

26.6 seconds west 511.83 feet to a point N177,277.01,

E394,232.52, thence running south 78 degrees 13 minutes

17.9 seconds east 80.00 feet to a point N177,260.68,

E394,310.84, thence running north 11 degrees 46 minutes
S. 507—51

24.8 seconds east 482.54 feet to a point N177,733.07,

E394,409.30, thence running north 51 degrees 59 minutes

41.0 seconds east 402.63 feet to a point N177,980.98,

E394,726.55, thence running north 11 degrees 46 minutes

27.6 seconds east 123.89 feet to the point of origin.

(3) REALIGNMENT.—The 6-foot anchorage area described

in paragraph (2)(B) shall be realigned to include the area

located south of the inner harbor settling basin in existence

on the date of enactment of this Act beginning at a point

with coordinates N176,726.36, E394,556.97, thence running

north 78 degrees 13 minutes 17.9 seconds west 160.00 feet

to a point N176,759.02, E394,400.34, thence running south

11 degrees 47 minutes 03.8 seconds west 45 feet to a point

N176,714.97, E394,391.15, thence running south 78 degrees

13 minutes 17.9 seconds 160.00 feet to a point N176,682.31,

E394,547.78, thence running north 11 degrees 47 minutes 03.8

seconds east 45 feet to the point of origin.

(4) RELOCATION.—The Secretary may relocate the settling

basin feature of the Wells Harbor, Maine, navigation project

referred to in subsection (a)(9) to the outer harbor between

the jetties.

(5) ADDITIONAL ACTIONS.—In carrying out the operation

and the maintenance of the Wells Harbor, Maine, navigation

project referred to in subsection (a)(9), the Secretary shall

undertake each of the actions of the Corps of Engineers specified in section IV(B) of the memorandum of agreement relating

to the project dated January 20, 1998, including the actions

specified in section IV(B) that the parties agreed to ask the

Corps of Engineers to undertake.

(6) CONSERVATION EASEMENT.—The Secretary of the

Interior, acting through the Director of the United States Fish

and Wildlife Service, may accept a conveyance of the right,

but not the obligation, to enforce a conservation easement to

be held by the State of Maine over certain land owned by

the town of Wells, Maine, that is adjacent to the Rachel Carson

National Wildlife Refuge.

(d) ANCHORAGE AREA, GREEN HARBOR, MASSACHUSETTS.—The

portion of the Green Harbor, Massachusetts, navigation project

referred to in subsection (a)(11) consisting of a 6-foot deep channel

that lies northerly of a line the coordinates of which are North

394825.00, East 831660.00 and North 394779.28, East 831570.64

is redesignated as an anchorage area.

SEC. 366. AMERICAN AND SACRAMENTO RIVERS, CALIFORNIA.

(a) IN GENERAL.—The project for flood damage reduction, American and Sacramento Rivers, California, authorized by section

101(a)(1) of the Water Resources Development Act of 1996 (110

Stat. 3662–3663), is modified to direct the Secretary to include

the following improvements as part of the overall project:

(1) Raising the left bank of the non-Federal levee upstream

of the Mayhew Drain for a distance of 4,500 feet by an average

of 2.5 feet.

(2) Raising the right bank of the American River levee

from 1,500 feet upstream to 4,000 feet downstream of the

Howe Avenue bridge by an average of 1 foot.

(3) Modifying the south levee of the Natomas Cross Canal

for a distance of 5 miles to ensure that the south levee is
S. 507—52

consistent with the level of protection provided by the authorized levee along the east bank of the Sacramento River.

(4) Modifying the north levee of the Natomas Cross Canal

for a distance of 5 miles to ensure that the height of the

levee is equivalent to the height of the south levee as authorized

by paragraph (3).

(5) Installing gates to the existing Mayhew Drain culvert

and pumps to prevent backup of floodwater on the Folsom

Boulevard side of the gates.

(6) Installing a slurry wall in the north levee of the American River from the east levee of the Natomas east Main

Drain upstream for a distance of approximately 1.2 miles.

(7) Installing a slurry wall in the north levee of the American River from 300 feet west of Jacob Lane north for a distance

of approximately 1 mile to the end of the existing levee.

(b) COST LIMITATIONS.—Section 101(a)(1)(A) of the Water

Resources Development Act of 1996 (110 Stat. 3662) is amended

by striking ‘‘at a total cost of’’ and all that follows through

‘‘$14,225,000,’’ and inserting the following: ‘‘at a total cost of

$91,900,000, with an estimated Federal cost of $68,925,000 and

an estimated non-Federal cost of $22,975,000,’’.

(c) COST SHARING.—For the purposes of section 103 of the

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

modifications authorized by this section shall be subject to the

same cost sharing in effect for the project for flood damage reduction, American and Sacramento Rivers, California, authorized by

section 101(a)(1) of the Water Resources Development Act of 1996

(110 Stat. 3662).

SEC. 367. MARTIN, KENTUCKY.

The project for flood control, Martin, Kentucky, authorized by

section 202(a) of the Energy and Water Development Appropriations

Act, 1981 (94 Stat. 1339), is modified to authorize the Secretary

to take all necessary measures to prevent future losses that would

occur as a result of a flood equal in magnitude to a 100-year

frequency event.

SEC. 368. SOUTHERN WEST VIRGINIA PILOT PROGRAM.

Section 340(g) of the Water Resources Development Act of

1992 (106 Stat. 4856) is amended to read as follows:

‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated to carry out the pilot program under this section

$40,000,000 for fiscal years beginning after September 30, 1992.

Such sums shall remain available until expended.’’.

SEC. 369. BLACK WARRIOR AND TOMBIGBEE RIVERS, JACKSON, ALABAMA.

(a) IN GENERAL.—The project for navigation, Black Warrior

and Tombigbee Rivers, vicinity of Jackson, Alabama, authorized

by section 106 of the Energy and Water Development Appropriations Act, 1987 (100 Stat. 3341–199), is modified to authorize the

Secretary to acquire land for mitigation of the habitat losses attributable to the project, including the navigation channel, dredged

material disposal areas, and other areas directly affected by

construction of the project.

(b) CONSTRUCTION BEFORE ACQUISITION OF MITIGATION LAND.—

Notwithstanding section 906 of the Water Resources Development

Act of 1986 (33 U.S.C. 2283), the Secretary may construct the
S. 507—53

project before acquisition of the mitigation land if the Secretary

takes such actions as are necessary to ensure that any required

mitigation land will be acquired not later than 2 years after initiation of construction of the new channel and that the acquisition

will fully mitigate any adverse environmental impacts resulting

from the project.

SEC. 370. TROPICANA WASH AND FLAMINGO WASH, NEVADA.

Any Federal costs associated with the Tropicana Wash and

Flamingo Wash, Nevada, authorized by section 101(13) of the Water

Resources Development Act of 1992 (106 Stat. 4803), incurred by

the non-Federal interest to accelerate or modify construction of

the project, in cooperation with the Corps of Engineers, shall be

eligible for reimbursement by the Secretary.

SEC. 371. COMITE RIVER, LOUISIANA.

The Comite River Diversion Project for flood control, authorized

as part of the project for flood control, Amite River and Tributaries,

Louisiana, by section 101(11) of the Water Resources Development

Act of 1992 (106 Stat. 4802) and modified by section 301(b)(5)

of the Water Resources Development Act of 1996 (110 Stat. 3709),

is further modified to authorize the Secretary to include the costs

of highway relocations to be cost shared as a project construction

feature.

SEC. 372. ST. MARYS RIVER, MICHIGAN.

The project for navigation, St. Marys River, Michigan, is modified to direct the Secretary to provide an additional foot of overdraft

between Point Louise Turn and the Locks, Sault Sainte Marie,

Michigan, consistent with the channels upstream of Point Louise

Turn. The modification shall be carried out as operation and maintenance to improve navigation safety.

SEC. 373. CHARLEVOIX, MICHIGAN.

The Secretary shall review and, if consistent with authorized

project purposes, reimburse the city of Charlevoix, Michigan, for

the Federal share of costs associated with construction of the new

revetment connection to the Federal navigation project at

Charlevoix Harbor, Michigan.

SEC. 374. WHITE RIVER BASIN, ARKANSAS AND MISSOURI.

(a) IN GENERAL.—Subject to subsection (b), the project for flood

control, power generation, and other purposes at the White River

Basin, Arkansas and Missouri, authorized by section 4 of the Act

of June 28, 1938 (52 Stat. 1218, chapter 795), and modified by

House Document 917, 76th Congress, 3d Session, and House Document 290, 77th Congress, 1st Session, approved August 18, 1941,

and House Document 499, 83d Congress, 2d Session, approved

September 3, 1954, and by section 304 of the Water Resources

Development Act of 1996 (110 Stat. 3711) is further modified to

authorize the Secretary to provide minimum flows necessary to

sustain tail water trout fisheries by reallocating the following

amounts of project storage: Beaver Lake, 1.5 feet; Table Rock,

2 feet; Bull Shoals Lake, 5 feet; Norfork Lake, 3.5 feet; and Greers

Ferry Lake, 3 feet.

(b) REPORT.—

(1) IN GENERAL.—No funds may be obligated to carry out

work on the modification under subsection (a) until completion
S. 507—54

of a final report by the Chief of Engineers finding that the

work is technically sound, environmentally acceptable, and

economically justified.

(2) TIMING.—The Secretary shall submit the report to Congress not later than July 30, 2000.

(3) CONTENTS.—The report shall include determinations

concerning whether—

(A) the modification under subsection (a) adversely

affects other authorized project purposes; and

(B) Federal costs will be incurred in connection with

the modification.

SEC. 375. WAURIKA LAKE, OKLAHOMA, WATER CONVEYANCE FACILITIES.

For the project for construction of the water conveyances

authorized by the first section of Public Law 88–253 (77 Stat.

841), the requirements for the Waurika Project Master Conservancy

District to repay the $2,900,000 in costs (including interest)

resulting from the October 1991 settlement of the claim before

the United States Claims Court, and to make a payment of $595,000

of the final cost representing a portion of the difference between

the 1978 estimate of cost and the actual cost determined after

completion of the project in 1991, are waived.

TITLE IV—STUDIES

SEC. 401. DEEP DRAFT HARBOR COST SHARING.

(a) IN GENERAL.—The Secretary shall undertake a study of

non-Federal cost-sharing requirements for the construction and

operation and maintenance of deep draft harbor projects to determine whether—

(1) cost sharing adversely affects United States port

development or domestic and international trade; and

(2) any revision of the cost-sharing requirements would

benefit United States domestic and international trade.

(b) RECOMMENDATIONS.—

(1) IN GENERAL.—Not later than May 30, 2001, the Secretary shall submit to the Committee on Environment and

Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives any

recommendations that the Secretary may have in light of the

study under subsection (a).

(2) CONSIDERATIONS.—In making recommendations, the

Secretary shall consider—

(A) the potential economic, environmental, and budgetary impacts of any proposed revision of the cost-sharing

requirements; and

(B) the effect that any such revision would have on

regional port competition.

SEC. 402. BOYDSVILLE, ARKANSAS.

The Secretary shall conduct a study to determine the feasibility

of the reservoir and associated improvements to provide for flood

control, recreation, water quality, and fish and wildlife purposes

in the vicinity of Boydsville, Arkansas.
S. 507—55

SEC. 403. GREERS FERRY LAKE, ARKANSAS.

The Secretary shall conduct a study to determine the feasibility

of constructing water intake facilities at Greers Ferry Lake,

Arkansas.

SEC. 404. DEL NORTE COUNTY, CALIFORNIA.

The Secretary shall conduct a study to determine the feasibility

of designating a permanent disposal site for dredged material from

Federal navigation projects in Del Norte County, California.

SEC. 405. FRAZIER CREEK, TULARE COUNTY, CALIFORNIA.

The Secretary shall conduct a study to determine—

(1) the feasibility of restoring Frazier Creek, Tulare County,

California; and

(2) the Federal interest in flood control, environmental

restoration, conservation of fish and wildlife resources, recreation, and water quality of the creek.

SEC. 406. MARE ISLAND STRAIT, CALIFORNIA.

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

reevaluation to determine the Federal interest in reconfiguring

the Mare Island Strait channel.

(b) CONSIDERATIONS.—In determining the Federal interest, the

Secretary shall consider the benefits of economic activity associated

with potential future uses of the channel and any other benefits

that could be realized by increasing the width and depth of the

channel to accommodate both current and potential future uses

of the channel.

SEC. 407. STRAWBERRY CREEK, BERKELEY, CALIFORNIA.

The Secretary shall conduct a study to determine—

(1) the feasibility of restoring Strawberry Creek, Berkeley,

California; and

(2) the Federal interest in environmental restoration, conservation of fish and wildlife resources, recreation, and water

quality of the creek.

SEC. 408. SWEETWATER RESERVOIR, SAN DIEGO COUNTY, CALIFORNIA.

The Secretary shall conduct a study of the potential water

quality problems and pollution abatement measures in the watershed in and around Sweetwater Reservoir, San Diego County, California.

SEC. 409. WHITEWATER RIVER BASIN, CALIFORNIA.

The Secretary shall complete a study to determine the feasibility of a flood damage reduction project in the Whitewater River

basin (also known as ‘‘Thousand Palms’’), California.

SEC. 410. DESTIN-NORIEGA POINT, FLORIDA.

The Secretary shall conduct a study to determine the feasibility

of—

(1) restoring Noriega Point, Florida, to serve as a breakwater for Destin Harbor; and

(2) including Noriega Point as part of the East Pass,

Florida, navigation project.

SEC. 411. LITTLE ECONLACKHATCHEE RIVER BASIN, FLORIDA.

The Secretary shall conduct a study of pollution abatement

measures in the Little Econlackhatchee River basin, Florida.
S. 507—56

SEC. 412. PORT EVERGLADES, BROWARD COUNTY, FLORIDA.

The Secretary shall conduct a study to determine the feasibility

of constructing a sand bypassing project at the Port Everglades

Inlet, Florida.

SEC. 413. LAKE ALLATOONA, ETOWAH RIVER, AND LITTLE RIVER

WATERSHED, GEORGIA.

(a) IN GENERAL.—The Secretary, in cooperation with the

Administrator of the Environmental Protection Agency, may carry

out the following water-related environmental restoration and

resource protection investigations into restoring Lake Allatoona,

the Etowah River, and the Little River watershed, Georgia:

(1) LAKE ALLATOONA/ETOWAH RIVER SHORELINE RESTORA- TION INVESTIGATION.—Feasibility phase investigation to identify

and recommend to Congress structural and nonstructural measures to alleviate shore erosion and sedimentation problems

along the shores of Lake Allatoona and the Etowah River.

(2) LITTLE RIVER ENVIRONMENTAL RESTORATION INVESTIGA- TION.—Feasibility phase investigation to evaluate environmental problems and recommend environmental restoration

measures (including appropriate environmental structural and

nonstructural measures) for the Little River watershed,

Georgia.

(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated for the period beginning with fiscal year 2000— (1) $850,000 to carry out subsection (a)(1); and

(2) $500,000 to carry out subsection (a)(2).

SEC. 414. BOISE, IDAHO.

The Secretary shall conduct a study to determine the feasibility

of undertaking flood control on the Boise River in Boise, Idaho.

SEC. 415. GOOSE CREEK WATERSHED, OAKLEY, IDAHO.

The Secretary shall conduct a study to determine the feasibility

of undertaking flood damage reduction, water conservation, ground

water recharge, ecosystem restoration, and related activities along

the Goose Creek watershed near Oakley, Idaho.

SEC. 416. LITTLE WOOD RIVER, GOODING, IDAHO.

The Secretary shall conduct a study to determine the feasibility

of restoring and repairing the Lava Rock Little Wood River Containment System to prevent flooding in the city of Gooding, Idaho.

SEC. 417. SNAKE RIVER, LEWISTON, IDAHO.

The Secretary shall conduct a study to determine the feasibility

of undertaking bank stabilization and flood control on the Snake

River at Lewiston, Idaho.

SEC. 418. SNAKE RIVER AND PAYETTE RIVER, IDAHO.

The Secretary shall conduct a study to determine the feasibility

of undertaking a flood control project along the Snake River and

Payette River, in the vicinity of Payette, Idaho.

SEC. 419. UPPER DES PLAINES RIVER AND TRIBUTARIES, ILLINOIS

AND WISCONSIN.

(a) IN GENERAL.—The Secretary shall conduct a study of the

upper Des Plaines River and tributaries, Illinois and Wisconsin,

upstream of the confluence with Salt Creek at Riverside, Illinois,

to determine the feasibility of improvements in the interests of
S. 507—57

flood damage reduction, environmental restoration and protection,

water quality, recreation, and related purposes.

(b) SPECIAL RULE.—In conducting the study, the Secretary may

not exclude from consideration and evaluation flood damage reduction measures based on restrictive policies regarding the frequency

of flooding, the drainage area, and the amount of runoff.

(c) CONSULTATION AND USE OF EXISTING DATA.—In carrying

out this section, the Secretary shall—

(1) consult with appropriate Federal and State agencies;

and

(2) make maximum use of data in existence on the date

of enactment of this Act and ongoing programs and efforts

of Federal agencies and States.

SEC. 420. CAMERON PARISH WEST OF CALCASIEU RIVER, LOUISIANA.

The Secretary shall conduct a study to determine the feasibility

of undertaking a storm damage reduction and ecosystem restoration

project for Cameron Parish west of Calcasieu River, Louisiana.

SEC. 421. COASTAL LOUISIANA.

The Secretary shall conduct a study to determine the feasibility

of using dredged material from maintenance activities at Federal

navigation projects in coastal Louisiana to benefit coastal areas

in the State.

SEC. 422. GRAND ISLE AND VICINITY, LOUISIANA.

In carrying out a study of the storm damage reduction benefits

to Grand Isle and vicinity, Louisiana, the Secretary shall include

benefits that a storm damage reduction project for Grand Isle

and vicinity, Louisiana, may have on the mainland coast of Louisiana as project benefits attributable to the Grand Isle project.

SEC. 423. GULF INTRACOASTAL WATERWAY ECOSYSTEM, CHEF

MENTEUR TO SABINE RIVER, LOUISIANA.

(a) IN GENERAL.—The Secretary shall conduct a study to determine the feasibility of undertaking ecosystem restoration and

protection measures along the Gulf Intracoastal Waterway from

Chef Menteur to Sabine River, Louisiana.

(b) MATTERS TO BE ADDRESSED.—The study shall address saltwater intrusion, tidal scour, erosion, compaction, subsidence, wind

and wave action, bank failure, and other problems relating to ecosystem restoration and protection.

SEC. 424. MUDDY RIVER, BROOKLINE AND BOSTON, MASSACHUSETTS.

(a) IN GENERAL.—The Secretary shall evaluate the January

1999 study commissioned by the Boston Parks and Recreation

Department, Boston, Massachusetts, and entitled ‘‘The Emerald

Necklace Environmental Improvement Master Plan, Phase I Muddy

River Flood Control, Water Quality and Habitat Enhancement’’,

to determine whether the plans outlined in the study for flood

control, water quality, habitat enhancements, and other improvements to the Muddy River in Brookline and Boston, Massachusetts,

are cost-effective, technically sound, environmentally acceptable,

and in the Federal interest.

(b) REPORT.—Not later than June 30, 2000, the Secretary shall

submit to Congress a report on the results of the evaluation.
S. 507—58

SEC. 425. WESTPORT, MASSACHUSETTS.

(a) IN GENERAL.—The Secretary shall conduct a study to determine the feasibility of undertaking a navigation project for the

town of Westport, Massachusetts.

(b) CONSIDERATIONS.—In determining the benefits of the

project, the Secretary shall include the benefits derived from using

dredged material for shore protection and storm damage reduction.

SEC. 426. ST. CLAIR RIVER AND LAKE ST. CLAIR, MICHIGAN.

(a) PLAN.—The Secretary, in coordination with State and local

governments and appropriate Federal and provincial authorities

of Canada, shall develop a comprehensive management plan for

St. Clair River and Lake St. Clair.

(b) ELEMENTS.—The plan shall include the following elements:

(1) Identification of the causes and sources of environmental degradation.

(2) Continuous monitoring of organic, biological, metallic,

and chemical contamination levels.

(3) Timely dissemination of information of contamination

levels to public authorities, other interested parties, and the

public.

(c) REPORT.—Not later than 1 year after the date of enactment

of this Act, the Secretary shall submit to Congress a report that

includes the plan developed under subsection (a) and recommendations for potential restoration measures.

(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated to carry out this section $400,000.

SEC. 427. ST. CLAIR SHORES, MICHIGAN.

The Secretary shall conduct a study to determine the feasibility

of constructing a flood control project at St. Clair Shores, Michigan.

SEC. 428. WOODTICK PENINSULA, MICHIGAN, AND TOLEDO HARBOR,

OHIO.

The Secretary shall conduct a study to determine the feasibility

of using dredged material from Toledo Harbor, Ohio, to provide

erosion reduction, navigation, and ecosystem restoration at

Woodtick Peninsula, Michigan.

SEC. 429. PASCAGOULA HARBOR, MISSISSIPPI.

(a) IN GENERAL.—The Secretary shall conduct a study to determine an alternative plan for dredged material management for

the Pascagoula River portion of the project for navigation,

Pascagoula Harbor, Mississippi, authorized by section 202(a) of

the Water Resources Development Act of 1986 (100 Stat. 4094).

(b) CONTENTS.—The study under subsection (a) shall—

(1) include an analysis of the feasibility of expanding the

Singing River Island Disposal Area or constructing a new

dredged material disposal facility; and

(2) identify methods of managing and reducing sediment

transport into the Federal navigation channel.

SEC. 430. TUNICA LAKE WEIR, MISSISSIPPI.

(a) IN GENERAL.—The Secretary shall conduct a study to determine the feasibility of constructing an outlet weir at Tunica Lake,

Tunica County, Mississippi, and Lee County, Arkansas, for the

purpose of stabilizing water levels in the lake.
S. 507—59

(b) ECONOMIC ANALYSIS.—In carrying out the study, the Secretary shall include as part of the economic analysis the benefits

derived from recreation uses at Tunica Lake and economic benefits

associated with restoration of fish and wildlife habitat.

SEC. 431. YELLOWSTONE RIVER, MONTANA.

(a) STUDY.—The Secretary shall conduct a comprehensive study

of the Yellowstone River from Gardiner, Montana, to the confluence

of the Missouri River to determine the hydrologic, biological, and

socioeconomic cumulative impacts on the river.

(b) CONSULTATION AND COORDINATION.—The Secretary shall

conduct the study in consultation with the United States Fish

and Wildlife Service, the United States Geological Survey, and

the Natural Resources Conservation Service and with the full

participation of the State of Montana and tribal and local entities,

and provide for public participation.

(c) REPORT.—Not later than 5 years after the date of enactment

of this Act, the Secretary shall submit to Congress a report on

the results of the study.

SEC. 432. LAS VEGAS VALLEY, NEVADA.

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

study of water resources in the Las Vegas Valley, Nevada.

(b) OBJECTIVES.—The study shall identify problems and

opportunities related to ecosystem restoration, water quality

(particularly the quality of surface runoff), and flood control.

SEC. 433. SOUTHWEST VALLEY, ALBUQUERQUE, NEW MEXICO.

The Secretary shall conduct a study to determine the feasibility

of undertaking a project for flood damage reduction in the Southwest Valley, Albuquerque, New Mexico.

SEC. 434. CAYUGA CREEK, NEW YORK.

The Secretary shall conduct a study to determine the feasibility

of undertaking a project for flood control for Cayuga Creek, New

York.

SEC. 435. LAKE CHAMPLAIN, NEW YORK AND VERMONT.

The Secretary shall conduct a study to determine the feasibility

of restoring Lake Champlain, New York and Vermont, to improve

water quality, fish and wildlife habitat, and navigation.

SEC. 436. OSWEGO RIVER BASIN, NEW YORK.

The Secretary shall conduct a study to determine the feasibility

of establishing a flood forecasting system in the Oswego River

basin, New York.

SEC. 437. WHITE OAK RIVER, NORTH CAROLINA.

The Secretary shall conduct a study to determine whether

there is a Federal interest in a project for water quality, environmental restoration and protection, and related purposes on the

White Oak River, North Carolina.

SEC. 438. ARCOLA CREEK WATERSHED, MADISON, OHIO.

The Secretary shall conduct a study to determine the feasibility

of undertaking a project to provide environmental restoration and

protection for the Arcola Creek watershed, Madison, Ohio.
S. 507—60

SEC. 439. CLEVELAND HARBOR, CLEVELAND, OHIO.

The Secretary shall conduct a study to determine the feasibility

of undertaking repairs and related navigation improvements at

Dike 14, Cleveland, Ohio.

SEC. 440. TOUSSAINT RIVER, CARROLL TOWNSHIP, OHIO.

The Secretary shall conduct a study to determine the feasibility

of undertaking navigation improvements on the Toussaint River,

Carroll Township, Ohio.

SEC. 441. WESTERN LAKE ERIE BASIN, OHIO, INDIANA, AND MICHIGAN.

(a) IN GENERAL.—The Secretary shall conduct a study to

develop measures to improve flood control, navigation, water

quality, recreation, and fish and wildlife habitat in a comprehensive

manner in the western Lake Erie basin, Ohio, Indiana, and

Michigan, including watersheds of the Maumee, Ottawa, and Portage Rivers.

(b) COOPERATION.—In carrying out the study, the Secretary

shall—

(1) cooperate with interested Federal, State, and local agencies and nongovernmental organizations; and

(2) consider all relevant programs of the agencies.

(c) REPORT.—Not later than 1 year after the date of enactment

of this Act, the Secretary shall submit to Congress a report on

the results of the study, including findings and recommendations.

SEC. 442. SCHUYLKILL RIVER, NORRISTOWN, PENNSYLVANIA.

The Secretary shall conduct a study to determine the feasibility

of undertaking a project for flood control for the Schuylkill River,

Norristown, Pennsylvania.

SEC. 443. SOUTH CAROLINA COASTAL AREAS.

(a) IN GENERAL.—The Secretary shall review pertinent reports

and conduct other studies and field investigations to determine

the best available science and methods for management of contaminated dredged material and sediments in the coastal areas of South

Carolina.

(b) FOCUS.—In carrying out subsection (a), the Secretary shall

place particular focus on areas where the Corps of Engineers maintains deep draft navigation projects, such as Charleston Harbor,

Georgetown Harbor, and Port Royal, South Carolina.

(c) COOPERATION.—The studies shall be conducted in cooperation with the appropriate Federal and State environmental agencies.

SEC. 444. SANTEE DELTA FOCUS AREA, SOUTH CAROLINA.

Not later than 18 months after the date of enactment of this

Act, the Secretary shall complete a comprehensive study of the

ecosystem in the Santee Delta focus area, South Carolina, to determine the feasibility of undertaking a project to enhance wetland

habitat and public recreational opportunities in the area.

SEC. 445. WACCAMAW RIVER, SOUTH CAROLINA.

The Secretary shall conduct a study to determine the feasibility

of undertaking a flood control project for the Waccamaw River

in Horry County, South Carolina.

SEC. 446. DAY COUNTY, SOUTH DAKOTA.

The Secretary shall conduct—
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(1) an investigation of flooding and other water resources

problems between the James River and Big Sioux watersheds,

South Dakota; and

(2) an assessment of flood damage reduction needs of the

area.

SEC. 447. NIOBRARA RIVER AND MISSOURI RIVER, SOUTH DAKOTA.

The Secretary shall conduct a study of the Niobrara River

watershed and the operations of Fort Randall Dam and Gavins

Point Dam on the Missouri River, South Dakota, to determine

the feasibility of alleviating the bank erosion, sedimentation, and

related problems in the lower Niobrara River and the Missouri

River below Fort Randall Dam.

SEC. 448. CORPUS CHRISTI, TEXAS.

The Secretary shall include, as part of the study authorized

by a resolution of the Committee on Public Works and Transportation of the House of Representatives dated August 1, 1990, a

review of two 175-foot-wide barge shelves on either side of the

navigation channel at the Port of Corpus Christi, Texas.

SEC. 449. MITCHELL’S CUT CHANNEL (CANEY FORK CUT), TEXAS.

The Secretary shall conduct a study to determine the feasibility

of undertaking a project for navigation, Mitchell’s Cut Channel

(Caney Fork Cut), Texas.

SEC. 450. MOUTH OF COLORADO RIVER, TEXAS.

The Secretary shall conduct a study to determine the feasibility

of undertaking a project for navigation at the mouth of the Colorado

River, Texas, to provide a minimum draft navigation channel

extending from the Colorado River through Parkers Cut (also known

as ‘‘Tiger Island Cut’’), or an acceptable alternative, to Matagorda

Bay.

SEC. 451. SANTA CLARA RIVER, UTAH.

(a) IN GENERAL.—The Secretary shall conduct a study to determine the feasibility of undertaking measures to alleviate damage

caused by flooding, bank erosion, and sedimentation along the

watershed of the Santa Clara River, Utah, above the Gunlock

Reservoir.

(b) CONTENTS.—The study shall include an analysis of watershed conditions and water quality, as related to flooding and bank

erosion, along the Santa Clara River in the vicinity of Gunlock,

Utah.

SEC. 452. MOUNT ST. HELENS, WASHINGTON.

(a) IN GENERAL.—The Secretary shall conduct a study to determine the feasibility of undertaking ecosystem restoration improvements throughout the Cowlitz and Toutle River basins, Washington,

including the 6,000 acres of wetland, riverine, riparian, and upland

habitats lost or altered due to the eruption of Mount St. Helens

in 1980 and subsequent emergency actions.

(b) REQUIREMENTS.—In carrying out the study, the Secretary

shall—

(1) work in close coordination with local governments,

watershed entities, the State of Washington, and other Federal

agencies; and

(2) place special emphasis on—
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(A) conservation and restoration strategies to benefit

species that are listed or proposed for listing as threatened

or endangered species under the Endangered Species Act

of 1973 (16 U.S.C. 1531 et seq.); and

(B) other watershed restoration objectives.

SEC. 453. KANAWHA RIVER, FAYETTE COUNTY, WEST VIRGINIA.

The Secretary shall conduct a study to determine the feasibility

of developing a public port along the Kanawha River in Fayette

County, West Virginia, at a site known as ‘‘Longacre’’.

SEC. 454. WEST VIRGINIA PORTS.

The Secretary shall conduct a study to determine the feasibility

of expanding public port development in West Virginia along the

Ohio River and the navigable portion of the Kanawha River from

its mouth to river mile 91.0.

SEC. 455. JOHN GLENN GREAT LAKES BASIN PROGRAM.

(a) STRATEGIC PLANS.— (1) STUDY.—The Secretary shall conduct a comprehensive

study of the Great Lakes region to ensure the future use,

management, and protection of water resources and related

resources of the Great Lakes basin.

(2) REPORT.—

(A) IN GENERAL.—As expeditiously as possible, but not

later than 3 years after the date of enactment of this

Act, and every 2 years thereafter, the Secretary shall

submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee

on Environment and Public Works of the Senate a report

outlining a strategic plan for Corps of Engineers programs

and proposed Corps of Engineers projects in the Great

Lakes basin.

(B) CONTENTS.—The plan shall include—

(i) details of projects in the Great Lakes region

relating to—

(I) navigation improvements, maintenance,

and operations for commercial and recreational

vessels;

(II) environmental restoration activities;

(III) water level maintenance activities;

(IV) technical and planning assistance to

States and remedial action planning committees;

(V) sediment transport analysis, sediment

management planning, and activities to support

prevention of excess sediment loadings;

(VI) flood damage reduction and shoreline erosion prevention; and

(VII) all other relevant activities of the Corps

of Engineers; and

(ii) an analysis of factors limiting use of programs

and authorities of the Corps of Engineers in existence

on the date of enactment of this Act in the Great

Lakes basin, including the need for new or modified

authorities.

(3) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this section $1,000,000

for the period of fiscal years 2000 through 2003.
S. 507—63

(b) GREAT LAKES BIOHYDROLOGICAL INFORMATION.—

(1) INVENTORY.—

(A) IN GENERAL.—Not later than 90 days after the

date of enactment of this Act, the Secretary shall request

each Federal agency that may possess information relevant

to the Great Lakes biohydrological system to provide an

inventory of all such information in the possession of the

agency.

(B) RELEVANT INFORMATION.—For the purpose of

subparagraph (A), relevant information includes information on—

(i) ground and surface water hydrology;

(ii) natural and altered tributary dynamics;

(iii) biological aspects of the system influenced by

and influencing water quantity and water movement;

(iv) meteorological projections and the impacts of

weather conditions on Great Lakes water levels; and

(v) other Great Lakes biohydrological system data

relevant to sustainable water use management.

(2) REPORT.—

(A) IN GENERAL.—Not later than 18 months after the

date of enactment of this Act, the Secretary, in consultation

with the States, Indian tribes, and Federal agencies, and

after requesting information from the provinces and the

federal government of Canada, shall—

(i) compile the inventories of information;

(ii) analyze the information for consistency and

gaps; and

(iii) submit to Congress, the International Joint

Commission, and the Great Lakes States a report that

includes recommendations on ways to improve the

information base on the biohydrological dynamics of

the Great Lakes ecosystem as a whole, so as to support

environmentally sound decisions regarding diversions

and consumptive uses of Great Lakes water.

(B) RECOMMENDATIONS.—The recommendations in the

report under subparagraph (A) shall include recommendations relating to the resources and funds necessary for

implementing improvement of the information base.

(C) CONSIDERATIONS.—In developing the report under

subparagraph (A), the Secretary, in cooperation with the

Secretary of State, the Secretary of Transportation, and

the heads of other agencies as appropriate, shall consider

and report on the status of the issues described and recommendations made in—

(i) the Report of the International Joint Commission to the Governments of the United States and

Canada under the 1977 reference issued in 1985; and

(ii) the 1993 Report of the International Joint

Commission to the Governments of Canada and the

United States on Methods of Alleviating Adverse Consequences of Fluctuating Water Levels in the Great

Lakes St. Lawrence Basin.

(c) GREAT LAKES RECREATIONAL BOATING.—Not later than 18

months after the date of enactment of this Act, the Secretary,

using information and studies in existence on the date of enactment

of this Act to the extent practicable, and in cooperation with the
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Great Lakes States, shall submit to Congress a report detailing

the economic benefits of recreational boating in the Great Lakes

basin, particularly at harbors benefiting from operation and maintenance projects of the Corps of Engineers.

(d) COOPERATION.—In undertaking activities under this section,

the Secretary shall—

(1) encourage public participation; and

(2) cooperate, and, as appropriate, collaborate, with Great

Lakes States, tribal governments, and Canadian federal, provincial, and tribal governments.

(e) WATER USE ACTIVITIES AND POLICIES.—The Secretary may

provide technical assistance to the Great Lakes States to develop

interstate guidelines to improve the consistency and efficiency of

State-level water use activities and policies in the Great Lakes

basin.

(f) COST SHARING.—The Secretary may seek and accept funds

from non-Federal entities to be used to pay up to 25 percent

of the cost of carrying out subsections (b), (c), (d), and (e).

SEC. 456. GREAT LAKES NAVIGATIONAL SYSTEM.

In consultation with the St. Lawrence Seaway Development

Corporation, the Secretary shall review the Great Lakes Connecting

Channel and Harbors Report dated March 1985 to determine the

feasibility of undertaking any modification of the recommendations

made in the report to improve commercial navigation on the Great

Lakes navigation system, including locks, dams, harbors, ports,

channels, and other related features.

SEC. 457. NUTRIENT LOADING RESULTING FROM DREDGED MATERIAL DISPOSAL.

(a) STUDY.—The Secretary shall conduct a study of nutrient

loading that occurs as a result of discharges of dredged material

into open-water sites in the Chesapeake Bay.

(b) REPORT.—Not later than 18 months after the date of enactment of this Act, the Secretary shall submit to Congress a report

on the results of the study.

SEC. 458. UPPER MISSISSIPPI AND ILLINOIS RIVERS LEVEES AND

STREAMBANKS PROTECTION.

The Secretary shall conduct a study of erosion damage to levees

and other flood control structures on the upper Mississippi and

Illinois Rivers and the impact of increased barge and pleasure

craft traffic on deterioration of the levees and other flood control

structures.

SEC. 459. UPPER MISSISSIPPI RIVER COMPREHENSIVE PLAN.

(a) DEVELOPMENT.—The Secretary shall develop a plan to

address water resource and related land resource problems and

opportunities in the upper Mississippi and Illinois River basins,

from Cairo, Illinois, to the headwaters of the Mississippi River,

in the interest of systemic flood damage reduction by means of—

(1) structural and nonstructural flood control and floodplain

management strategies;

(2) continued maintenance of the navigation project;

(3) management of bank caving and erosion;

(4) watershed nutrient and sediment management;

(5) habitat management;
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(6) recreation needs; and

(7) other related purposes.

(b) CONTENTS.—The plan under subsection (a) shall—

(1) contain recommendations on management plans and

actions to be carried out by the responsible Federal and nonFederal entities;

(2) specifically address recommendations to authorize

construction of a systemic flood control project for the upper

Mississippi River; and

(3) include recommendations for Federal action where

appropriate and recommendations for follow-on studies for

problem areas for which data or current technology does not

allow immediate solutions.

(c) CONSULTATION AND USE OF EXISTING DATA.—In carrying

out this section, the Secretary shall—

(1) consult with appropriate Federal and State agencies;

and

(2) make maximum use of data in existence on the date

of enactment of this Act and ongoing programs and efforts

of Federal agencies and States in developing the plan under

subsection (a).

(d) COST SHARING.—

(1) DEVELOPMENT.—Development of the plan under subsection (a) shall be at Federal expense.

(2) FEASIBILITY STUDIES.—Feasibility studies resulting from

development of the plan shall be subject to cost sharing under

section 105 of the Water Resources Development Act of 1986

(33 U.S.C. 2215).

(e) REPORT.—Not later than 3 years after the date of enactment

of this Act, the Secretary shall submit to the Committee on

Transportation and Infrastructure of the House of Representatives

and the Committee on Environment and Public Works of the Senate

a report that includes the plan under subsection (a).

SEC. 460. SUSQUEHANNA RIVER AND UPPER CHESAPEAKE BAY.

(a) IN GENERAL.—The Secretary shall conduct a study of

controlling and managing waterborne debris in the interest of

navigation, flood control, environmental restoration, and other purposes in the Susquehanna River Basin, New York, Pennsylvania,

and Maryland, and the upper Chesapeake Bay, Maryland.

(b) EVALUATION OF TECHNOLOGIES AND PRACTICES.—The study

shall include an evaluation of technologies and practices currently

available, in use, or in development in the United States for debris

removal programs at various dams and harbors and recommendations for applying those techniques and practices in the Susquehanna River and the upper Chesapeake Bay.

(c) COOPERATION.—The study shall be conducted in cooperation

with State agencies and other Federal agencies, the Susquehanna

River Basin Commission, and owners of major dams.

TITLE V—MISCELLANEOUS PROVISIONS

SEC. 501. CORPS ASSUMPTION OF NRCS PROJECTS.

(a) LLAGAS CREEK, CALIFORNIA.—The Secretary may complete

the remaining reaches of the Natural Resources Conservation

Service flood control project at Llagas Creek, California, undertaken
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pursuant to section 5 of the Watershed Protection and Flood Prevention Act (16 U.S.C. 1005), substantially in accordance with the

Natural Resources Conservation Service watershed plan for Llagas

Creek, Department of Agriculture, and in accordance with the

requirements of local cooperation as specified in section 4 of that

Act (16 U.S.C. 1004), at a total cost of $45,000,000, with an estimated Federal cost of $21,800,000 and an estimated non-Federal

cost of $23,200,000.

(b) THORNTON RESERVOIR, COOK COUNTY, ILLINOIS.—

(1) IN GENERAL.—The Thornton Reservoir project, an element of the project for flood control, Chicagoland Underflow

Plan, Illinois, authorized by section 3(a)(5) of the Water

Resources Development Act of 1988 (102 Stat. 4013), is modified

to authorize the Secretary to include additional permanent

flood control storage attributable to the Natural Resources Conservation Service Thornton Reservoir (Structure 84), Little Calumet River Watershed, Illinois, approved under the Watershed

Protection and Flood Prevention Act (16 U.S.C. 1001 et seq.).

(2) LIMITATION.—No funds may be obligated to carry out

work under the modification under paragraph (1) until completion and approval by the Secretary of a final report by the

Chief of Engineers finding that the work is technically sound,

environmentally acceptable, and economically justified.

(3) COST SHARING.—Costs for the Thornton Reservoir

project shall be shared in accordance with section 103 of the

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

(4) TRANSITIONAL STORAGE.—The Secretary of Agriculture

may cooperate with non-Federal interests to provide, on a

transitional basis, flood control storage for the Natural

Resources Conservation Service Thornton Reservoir (Structure

84) project in the west lobe of the Thornton quarry.

(5) CREDIT TOWARD NON-FEDERAL SHARE.—The Secretary

may credit toward the non-Federal share of the costs of the

Thornton Reservoir project all design and construction costs

incurred by the non-Federal interests before the date of signing

of the project cooperation agreement.

(6) REEVALUATION REPORT.—The Secretary shall determine

the credits authorized by paragraph (5) that are integral to

the Thornton Reservoir project and the current total project

costs based on a limited reevaluation report.

SEC. 502. ENVIRONMENTAL INFRASTRUCTURE.

(a) IN GENERAL.—Section 219(e) of the Water Resources

Development Act of 1992 (106 Stat. 4835; 110 Stat. 3757) is

amended by striking paragraphs (5) and (6) and inserting the

following:

‘‘(5) $25,000,000 for the project described in subsection

(c)(2);

‘‘(6) $20,000,000 for the project described in subsection

(c)(9);

‘‘(7) $30,000,000 for the project described in subsection

(c)(16); and

‘‘(8) $30,000,000 for the project described in subsection

(c)(17).’’.

(b) ADDITIONAL ASSISTANCE.—Section 219 of the Water

Resources Development Act of 1992 is amended by adding at the

end the following:
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‘‘(f) ADDITIONAL ASSISTANCE.—The Secretary may provide

assistance under subsection (a) and assistance for construction for

the following:

‘‘(1) ATLANTA, GEORGIA.—The project described in subsection (c)(2), modified to include $25,000,000 for watershed

restoration and development in the regional Atlanta watershed,

including Big Creek and Rock Creek.

‘‘(2) PATERSON, PASSAIC COUNTY, AND PASSAIC VALLEY, NEW

JERSEY.—The project described in subsection (c)(9), modified

to include $20,000,000 for drainage facilities to alleviate

flooding problems on Getty Avenue in the vicinity of St. Joseph’s

Hospital for the city of Paterson, New Jersey, and Passaic

County, New Jersey, and innovative facilities to manage and

treat additional flows in the Passaic Valley, Passaic River basin,

New Jersey.

‘‘(3) NASHUA, NEW HAMPSHIRE.—$20,000,000 for a project

to eliminate or control combined sewer overflows in the city

of Nashua, New Hampshire.

‘‘(4) FALL RIVER AND NEW BEDFORD, MASSACHUSETTS.—

$15,000,000 for a project to eliminate or control combined sewer

overflows in the cities of Fall River and New Bedford,

Massachusetts.

‘‘(5) FINDLAY TOWNSHIP, PENNSYLVANIA.—$11,000,000 for

water and wastewater infrastructure in Findlay Township, Allegheny County, Pennsylvania.

‘‘(6) DILLSBURG BOROUGH AUTHORITY, PENNSYLVANIA.—

$2,000,000 for water and wastewater infrastructure in Franklin

Township, York County, Pennsylvania.

‘‘(7) HAMPDEN TOWNSHIP, PENNSYLVANIA.—$3,000,000 for

water, sewer, and storm sewer improvements in Hampden

Township, Pennsylvania.

‘‘(8) TOWAMENCIN TOWNSHIP, PENNSYLVANIA.—$1,500,000

for sanitary sewer and water and wastewater infrastructure

in Towamencin Township, Pennsylvania.

‘‘(9) DAUPHIN COUNTY, PENNSYLVANIA.—$2,000,000 for a

project to eliminate or control combined sewer overflows and

water system rehabilitation for the city of Harrisburg, Dauphin

County, Pennsylvania.

‘‘(10) EASTERN SHORE AND SOUTHWEST VIRGINIA.—

$20,000,000 for water supply and wastewater infrastructure

projects in the counties of Accomac, Northampton, Lee, Norton,

Wise, Scott, Russell, Dickenson, Buchanan, and Tazewell, Virginia.

‘‘(11) NORTHEAST PENNSYLVANIA.—$20,000,000 for water

related infrastructure in the counties of Lackawanna,

Lycoming, Susquehanna, Wyoming, Pike, Wayne, Sullivan,

Bradford, and Monroe, Pennsylvania, including assistance for

the Mountoursville Regional Sewer Authority, Lycoming

County, Pennsylvania.

‘‘(12) CALUMET REGION, INDIANA.—$10,000,000 for water

related infrastructure projects in the counties of Lake and

Porter, Indiana.

‘‘(13) CLINTON COUNTY, PENNSYLVANIA.—$1,000,000 for

water related infrastructure in Clinton County, Pennsylvania.

‘‘(14) PATTON TOWNSHIP, PENNSYLVANIA.—$1,400,000 for

water related infrastructure in Patton Township, Pennsylvania.
S. 507—68

‘‘(15) NORTH FAYETTE TOWNSHIP, ALLEGHENY COUNTY,

PENNSYLVANIA.—$500,000 for water related infrastructure in

North Fayette Township, Allegheny County, Pennsylvania.

‘‘(16) SPRINGDALE BOROUGH, PENNSYLVANIA.—$500,000 for

water related infrastructure in Springdale Borough, Pennsylvania.

‘‘(17) ROBINSON TOWNSHIP, PENNSYLVANIA.—$1,200,000 for

water related infrastructure in Robinson Township, Pennsylvania.

‘‘(18) UPPER ALLEN TOWNSHIP, PENNSYLVANIA.—$3,400,000

for water related infrastructure in Upper Allen Township,

Pennsylvania.

‘‘(19) JEFFERSON TOWNSHIP, GREENE COUNTY, PENNSYLVANIA.—$1,000,000 for water related infrastructure in Jefferson

Township, Greene County, Pennsylvania.

‘‘(20) LUMBERTON, NORTH CAROLINA.—$1,700,000 for water

and wastewater infrastructure projects in Lumberton, North

Carolina.

‘‘(21) BATON ROUGE, LOUISIANA.—$10,000,000 for water

related infrastructure for the parishes of East Baton Rouge,

Ascension, and Livingston, Louisiana.

‘‘(22) EAST SAN JOAQUIN COUNTY, CALIFORNIA.—$25,000,000

for ground water recharge and conjunctive use projects in

Stockton East Water District, California.

‘‘(23) SACRAMENTO AREA, CALIFORNIA.—$25,000,000 for

regional water conservation and recycling projects in Placer

and El Dorado Counties and the San Juan Suburban Water

District, California.

‘‘(24) CUMBERLAND COUNTY, TENNESSEE.—$5,000,000 for

water supply projects in Cumberland County, Tennessee.

‘‘(25) LAKES MARION AND MOULTRIE, SOUTH CAROLINA.—

$5,000,000 for water supply treatment and distribution projects

in the counties of Calhoun, Clarendon, Colleton, Dorchester,

Orangeberg, and Sumter, South Carolina.

‘‘(26) BRIDGEPORT, CONNECTICUT.—$10,000,000 for a project

to eliminate or control combined sewer overflows in the city

of Bridgeport, Connecticut.

‘‘(27) HARTFORD, CONNECTICUT.—$10,000,000 for a project

to eliminate or control combined sewer overflows in the city

of Hartford, Connecticut.

‘‘(28) NEW HAVEN, CONNECTICUT.—$10,000,000 for a project

to eliminate or control combined sewer overflows in the city

of New Haven, Connecticut.

‘‘(29) OAKLAND COUNTY, MICHIGAN.—$20,000,000 for a

project to eliminate or control combined sewer overflows in

the cities of Berkley, Ferndale, Madison Heights, Royal Oak,

Birmingham, Hazel Park, Oak Park, Southfield, Clawson, Huntington Woods, Pleasant Ridge, and Troy, and the village of

Beverly Hills, and the Charter Township of Royal Oak,

Michigan.

‘‘(30) DESOTO COUNTY, MISSISSIPPI.—$10,000,000 for a

wastewater treatment project in the county of DeSoto, Mississippi.

‘‘(31) KANSAS CITY, MISSOURI.—$15,000,000 for a project

to eliminate or control combined sewer overflows in the city

of Kansas City, Missouri.
S. 507—69

‘‘(32) ST. LOUIS, MISSOURI.—$15,000,000 for a project to

eliminate or control combined sewer overflows in the city of

St. Louis, Missouri.

‘‘(33) ELIZABETH, NEW JERSEY.—$20,000,000 for a project

to eliminate or control combined sewer overflows in the city

of Elizabeth, New Jersey.

‘‘(34) NORTH HUDSON, NEW JERSEY.—$10,000,000 for a

project to eliminate or control combined sewer overflows in

the city of North Hudson, New Jersey.

‘‘(35) INNER HARBOR PROJECT, NEW YORK, NEW YORK.—

$15,000,000 for a project to eliminate or control combined sewer

overflows for the inner harbor project, New York, New York.

‘‘(36) OUTER HARBOR PROJECT, NEW YORK, NEW YORK.—

$15,000,000 for a project to eliminate or control combined sewer

overflows for the outer harbor project, New York, New York.

‘‘(37) LEBANON, NEW HAMPSHIRE.—$8,000,000 for a project

to eliminate or control combined sewer overflows in the city

of Lebanon, New Hampshire.

‘‘(38) ASTORIA, OREGON.—$5,000,000 for a project to eliminate or control combined sewer overflows in the city of Astoria,

Oregon.

‘‘(39) CACHE COUNTY, UTAH.—$5,000,000 for a wastewater

infrastructure project for Cache County, Utah.

‘‘(40) LAWTON, OKLAHOMA.—$5,000,000 for a wastewater

infrastructure project for the city of Lawton, Oklahoma.

‘‘(41) LANCASTER, CALIFORNIA.—$1,500,000 for a project to

provide water facilities for the Fox Field Industrial Corridor,

Lancaster, California.

‘‘(42) SAN RAMON VALLEY, CALIFORNIA.—$15,000,000 for a

project for recycled water for San Ramon Valley, California.

‘‘(43) HARBOR/SOUTH BAY, CALIFORNIA.—$15,000,000 for an

industrial water reuse project for the Harbor/South Bay area,

California.’’.

SEC. 503. CONTAMINATED SEDIMENT DREDGING TECHNOLOGY.

(a) REVIEW OF INNOVATIVE DREDGING TECHNOLOGIES.—

(1) IN GENERAL.—Not later than June 1, 2001, the Secretary

shall complete a review of innovative dredging technologies

designed to minimize or eliminate contamination of a water

column upon removal of contaminated sediments.

(2) TESTING.—

(A) SELECTION OF TECHNOLOGY.—After completion of

the review under paragraph (1), the Secretary shall select,

from among the technologies reviewed, the technology that

the Secretary determines will best increase the effectiveness of removing contaminated sediments and significantly

reduce contamination of the water column.

(B) AGREEMENT.—Not later than December 31, 2001,

the Secretary shall enter into an agreement with a public

or private entity to test the selected technology in the

vicinity of Peoria Lakes, Illinois.

(3) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this subsection $2,000,000.

(b) ACCELERATED ADOPTION OF INNOVATIVE TECHNOLOGIES.—

Section 8 of the Water Resources Development Act of 1988 (33

U.S.C. 2314) is amended—
S. 507—70

(1) by redesignating subsections (b) and (c) as subsections

(c) and (d), respectively; and

(2) by inserting after subsection (a) the following:

‘‘(b) ACCELERATED ADOPTION OF INNOVATIVE TECHNOLOGIES FOR

MANAGEMENT OF CONTAMINATED SEDIMENTS.—

‘‘(1) TEST PROJECTS.—The Secretary shall approve an appropriate number of projects to test, under actual field conditions,

innovative technologies for environmentally sound management

of contaminated sediments.

‘‘(2) DEMONSTRATION PROJECTS.—The Secretary may

approve an appropriate number of projects to demonstrate

innovative technologies that have been pilot tested under paragraph (1).

‘‘(3) CONDUCT OF PROJECTS.—Each pilot project under paragraph (1) and demonstration project under paragraph (2) shall

be conducted by a university with proven expertise in the

research and development of contaminated sediment treatment

technologies and innovative applications using waste materials.

‘‘(4) LOCATION.—At least 1 of the projects under this subsection shall be conducted in New England by the University

of New Hampshire.’’.

SEC. 504. DAM SAFETY.

(a) ASSISTANCE.—The Secretary may provide assistance to

enhance dam safety at the following locations:

(1) Healdsburg Veteran’s Memorial Dam, California.

(2) Kehly Run Dam, Pennsylvania.

(3) Sweet Arrow Lake Dam, Pennsylvania.

(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated to carry out this section $6,000,000.

SEC. 505. GREAT LAKES REMEDIAL ACTION PLANS.

Section 401(a)(2) of the Water Resources Development Act of

1990 (33 U.S.C. 1268 note; 104 Stat. 4644; 110 Stat. 3763) is

amended—

(1) by striking ‘‘Non-Federal’’ and inserting the following:

‘‘(A) IN GENERAL.—Non-Federal’’; and

(2) by adding at the end the following:

‘‘(B) CONTRIBUTIONS BY ENTITIES.—Nonprofit public or

private entities may contribute all or a portion of the

non-Federal share.’’.

SEC. 506. PROJECTS FOR IMPROVEMENT OF THE ENVIRONMENT.

Section 1135(c) of the Water Resources Development Act of

1986 (33 U.S.C. 2309a(c)) is amended—

(1) by striking ‘‘If the Secretary’’ and inserting the following:

‘‘(1) IN GENERAL.—If the Secretary’’; and

(2) by adding at the end the following:

‘‘(2) CONTROL OF SEA LAMPREY.—Congress finds that—

‘‘(A) the Great Lakes navigation system has been

instrumental in the spread of sea lamprey and the associated impacts on its fishery; and

‘‘(B) the use of the authority under this subsection

for control of sea lamprey at any Great Lakes basin location

is appropriate.’’.
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SEC. 507. MAINTENANCE OF NAVIGATION CHANNELS.

Section 509(a) of the Water Resources Development Act of

1996 (110 Stat. 3759) is amended by adding at the end the following:

‘‘(12) Acadiana Navigation Channel, Louisiana.

‘‘(13) Contraband Bayou, Louisiana, as part of the Calcasieu

River and Pass Ship Channel.

‘‘(14) Lake Wallula Navigation Channel, Washington.

‘‘(15) Wadley Pass (also known as ‘McGriff Pass’), Suwanee

River, Florida.’’.

SEC. 508. MEASUREMENTS OF LAKE MICHIGAN DIVERSIONS, ILLINOIS.

Section 1142(b) of the Water Resources Development Act of

1986 (100 Stat. 4253) is amended by striking ‘‘$250,000 per fiscal

year for each fiscal year beginning after September 30, 1986,’’

and inserting ‘‘$1,250,000 for each of fiscal years 1999 through

2003’’.

SEC. 509. UPPER MISSISSIPPI RIVER ENVIRONMENTAL MANAGEMENT

PROGRAM.

(a) AUTHORIZED ACTIVITIES.—Section 1103(e) of the Water

Resources Development Act of 1986 (33 U.S.C. 652(e)) is amended

by striking ‘‘(e)(1)’’ and all that follows through the end of paragraph

(1) and inserting the following:

‘‘(e) PROGRAM AUTHORITY.—

‘‘(1) AUTHORITY.—

‘‘(A) IN GENERAL.—The Secretary, in consultation with

the Secretary of the Interior and the States of Illinois,

Iowa, Minnesota, Missouri, and Wisconsin, may undertake,

as identified in the master plan—

‘‘(i) a program for the planning, construction, and

evaluation of measures for fish and wildlife habitat

rehabilitation and enhancement; and

‘‘(ii) implementation of a long-term resource monitoring, computerized data inventory and analysis, and

applied research program.

‘‘(B) ADVISORY COMMITTEE.—In carrying out subparagraph (A)(i), the Secretary shall establish an independent

technical advisory committee to review projects, monitoring

plans, and habitat and natural resource needs assessments.’’.

(b) REPORTS.—Section 1103(e) of the Water Resources Development Act of 1986 (33 U.S.C. 652(e)) is amended by striking paragraph (2) and inserting the following:

‘‘(2) REPORTS.—Not later than December 31, 2004, and

not later than December 31 of every sixth year thereafter,

the Secretary, in consultation with the Secretary of the Interior

and the States of Illinois, Iowa, Minnesota, Missouri, and Wisconsin, shall submit to Congress a report that—

‘‘(A) contains an evaluation of the programs described

in paragraph (1);

‘‘(B) describes the accomplishments of each of the programs;

‘‘(C) provides updates of a systemic habitat needs

assessment; and

‘‘(D) identifies any needed adjustments in the

authorization of the programs.’’.
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(c) AUTHORIZATION OF APPROPRIATIONS.—Section 1103(e) of the

Water Resources Development Act of 1986 (33 U.S.C. 652(e)) is

amended—

(1) in paragraph (3)—

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

(B) by striking ‘‘Secretary not to exceed’’ and all that

follows before the period at the end and inserting ‘‘Secretary $22,750,000 for fiscal year 1999 and each fiscal

year thereafter’’;

(2) in paragraph (4)—

(A) by striking ‘‘(1)(B)’’ and inserting ‘‘(1)(A)(ii)’’; and

(B) by striking ‘‘Secretary not to exceed’’ and all that

follows before the period at the end and inserting ‘‘Secretary $10,420,000 for fiscal year 1999 and each fiscal

year thereafter’’; and

(3) by striking paragraph (5) and inserting the following:

‘‘(5) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out paragraph (1)(A)(i) $350,000

for each of fiscal years 1999 through 2009.’’.

(d) TRANSFER OF AMOUNTS.—Section 1103(e) of the Water

Resources Development Act of 1986 (33 U.S.C. 652(e)) is amended

by striking paragraph (6) and inserting the following:

‘‘(6) TRANSFER OF AMOUNTS.—For fiscal year 1999 and each

fiscal year thereafter, the Secretary, in consultation with the

Secretary of the Interior and the States of Illinois, Iowa, Minnesota, Missouri, and Wisconsin, may transfer not to exceed

20 percent of the amounts appropriated to carry out clause

(i) or (ii) of paragraph (1)(A) to the amounts appropriated

to carry out the other of those clauses.’’.

(e) COST SHARING.—Section 1103(e)(7)(A) of the Water

Resources Development Act of 1986 (33 U.S.C. 652(e)(7)(A)) is

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

‘‘and, in the case of any project requiring non-Federal cost sharing,

the non-Federal share of the cost of the project shall be 35 percent’’.

(f) HABITAT NEEDS ASSESSMENT.—Section 1103(h)(2) of the

Water Resources Development Act of 1986 (33 U.S.C. 652(h)(2))

is amended—

(1) by striking ‘‘(2) The Secretary’’ and inserting the following:

‘‘(2) DETERMINATION.— ‘‘(A) IN GENERAL.—The Secretary’’; and

(2) by adding at the end the following:

‘‘(B) REQUIREMENTS.—The Secretary shall—

‘‘(i) complete the ongoing habitat needs assessment

conducted under this paragraph not later than September 30, 2000; and

‘‘(ii) include in each report under subsection (e)(2)

the most recent habitat needs assessment conducted

under this paragraph.’’.

(g) CONFORMING AMENDMENTS.—Section 1103 of the Water

Resources Development Act of 1986 (33 U.S.C. 652) is amended—

(1) in subsection (e)(7)—

(A) in subparagraph (A), by striking ‘‘(1)(A)’’ and

inserting ‘‘(1)(A)(i)’’; and

(B) in subparagraph (B), by striking ‘‘paragraphs (1)(B)

and (1)(C)’’ and inserting ‘‘paragraph (1)(A)(ii)’’; and

(2) in subsection (f)(2)—
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(A) by striking ‘‘(2)(A)’’ and inserting ‘‘(2)’’; and

(B) by striking subparagraph (B).

SEC. 510. ATLANTIC COAST OF NEW YORK.

Section 404(c) of the Water Resources Development Act of 1992

(106 Stat. 4863) is amended in the first sentence—

(1) by striking ‘‘is’’ and inserting ‘‘are’’; and

(2) by inserting after ‘‘1997’’ the following: ‘‘, and an additional total of $2,500,000 for fiscal years thereafter’’.

SEC. 511. WATER CONTROL MANAGEMENT.

(a) IN GENERAL.—In evaluating potential improvements for

water control management activities and consolidation of water

control management centers, the Secretary may consider a regionalized water control management plan but may not implement such

a plan until the date on which a report is submitted under subsection (b).

(b) REPORT.—Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to the Committee

on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives and the Committee on

Environment and Public Works and the Committee on Appropriations of the Senate a report containing—

(1) a description of the primary objectives of streamlining

water control management activities;

(2) a description of the benefits provided by streamlining

water control management activities through consolidation of

centers for those activities;

(3) a determination whether the benefits to users of establishing regional water control management centers will be

retained in each district office of the Corps of Engineers that

does not have a regional center;

(4) a determination whether users of regional centers will

receive a higher level of benefits from streamlining water control management activities; and

(5) a list of the members of Congress who represent a

district that includes a water control management center that

is to be eliminated under a proposed regionalized plan.

SEC. 512. BENEFICIAL USE OF DREDGED MATERIAL.

The Secretary may carry out the following projects under section 204 of the Water Resources Development Act of 1992 (33

U.S.C. 2326):

(1) BODEGA BAY, CALIFORNIA.—A project to make beneficial

use of dredged material from a Federal navigation project in

Bodega Bay, California.

(2) SABINE REFUGE, LOUISIANA.—A project to make beneficial use of dredged material from Federal navigation projects

in the vicinity of Sabine Refuge, Louisiana.

(3) HANCOCK, HARRISON, AND JACKSON COUNTIES, MISSISSIPPI.—A project to make beneficial use of dredged material

from a Federal navigation project in Hancock, Harrison, and

Jackson Counties, Mississippi.

(4) ROSE CITY MARSH, ORANGE COUNTY, TEXAS.—A project

to make beneficial use of dredged material from a Federal

navigation project in Rose City Marsh, Orange County, Texas.
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(5) BESSIE HEIGHTS MARSH, ORANGE COUNTY, TEXAS.—A

project to make beneficial use of dredged material from a Federal navigation project in Bessie Heights Marsh, Orange

County, Texas.

SEC. 513. DESIGN AND CONSTRUCTION ASSISTANCE.

Section 507 of the Water Resources Development Act of 1996

(110 Stat. 3758) is amended by striking paragraph (2) and inserting

the following:

‘‘(2) Expansion and improvement of Long Pine Run Dam,

Pennsylvania, and associated water infrastructure, in accordance with subsections (b) through (e) of section 313 of the

Water Resources Development Act of 1992 (106 Stat. 4845),

at a total cost of $20,000,000.’’.

SEC. 514. MISSOURI AND MIDDLE MISSISSIPPI RIVERS ENHANCEMENT PROJECT.

(a) DEFINITIONS.—In this section:

(1) MIDDLE MISSISSIPPI RIVER.—The term ‘‘middle Mississippi River’’ means the reach of the Mississippi River from

the mouth of the Ohio River (river mile 0, upper Mississippi

River) to the mouth of the Missouri River (river mile 195).

(2) MISSOURI RIVER.—The term ‘‘Missouri River’’ means

the main stem and floodplain of the Missouri River (including

reservoirs) from its confluence with the Mississippi River at

St. Louis, Missouri, to its headwaters near Three Forks, Montana.

(3) PROJECT.—The term ‘‘project’’ means the project authorized by this section.

(b) PROTECTION AND ENHANCEMENT ACTIVITIES.—

(1) PLAN.—

(A) DEVELOPMENT.—Not later than 180 days after the

date of enactment of this Act, the Secretary shall develop

a plan for a project to protect and enhance fish and wildlife

habitat of the Missouri River and the middle Mississippi

River.

(B) ACTIVITIES.—

(i) IN GENERAL.—The plan shall provide for such

activities as are necessary to protect and enhance fish

and wildlife habitat without adversely affecting—

(I) the water-related needs of the region surrounding the Missouri River and the middle Mississippi River, including flood control, navigation,

recreation, and enhancement of water supply; and

(II) private property rights.

(ii) REQUIRED ACTIVITIES.—The plan shall

include—

(I) modification and improvement of navigation training structures to protect and enhance

fish and wildlife habitat;

(II) modification and creation of side channels

to protect and enhance fish and wildlife habitat;

(III) restoration and creation of island fish

and wildlife habitat;

(IV) creation of riverine fish and wildlife

habitat;
S. 507—75

(V) establishment of criteria for prioritizing

the type and sequencing of activities based on

cost-effectiveness and likelihood of success; and

(VI) physical and biological monitoring for

evaluating the success of the project, to be performed by the River Studies Center of the United

States Geological Survey in Columbia, Missouri.

(2) IMPLEMENTATION OF ACTIVITIES.—

(A) IN GENERAL.—Using funds made available to carry

out this section, the Secretary shall carry out the activities

described in the plan.

(B) USE OF EXISTING AUTHORITY FOR UNCONSTRUCTED

FEATURES OF THE PROJECT.—Using funds made available

to the Secretary under other law, the Secretary shall design

and construct any feature of the project that may be carried

out using the authority of the Secretary to modify an

authorized project, if the Secretary determines that the

design and construction will—

(i) accelerate the completion of activities to protect

and enhance fish and wildlife habitat of the Missouri

River or the middle Mississippi River; and

(ii) be compatible with the project purposes

described in this section.

(c) INTEGRATION OF OTHER ACTIVITIES.—

(1) IN GENERAL.—In carrying out the activities described

in subsection (b), the Secretary shall integrate the activities

with other Federal, State, and tribal activities.

(2) NEW AUTHORITY.—Nothing in this section confers any

new regulatory authority on any Federal or non-Federal entity

that carries out any activity authorized by this section.

(d) PUBLIC PARTICIPATION.—In developing and carrying out the

plan and the activities described in subsection (b), the Secretary

shall provide for public review and comment in accordance with

applicable Federal law, including—

(1) providing advance notice of meetings;

(2) providing adequate opportunity for public input and

comment;

(3) maintaining appropriate records; and

(4) compiling a record of the proceedings of meetings.

(e) COMPLIANCE WITH APPLICABLE LAW.—In carrying out the

plan and the activities described in subsections (b) and (c), the

Secretary shall comply with any applicable Federal law, including

the National Environmental Policy Act of 1969 (42 U.S.C. 4321

et seq.).

(f) COST SHARING.—

(1) NON-FEDERAL SHARE.—The non-Federal share of the

cost of the project shall be 35 percent.

(2) FEDERAL SHARE.—The Federal share of the cost of any

1 activity described in subsection (b) shall not exceed

$5,000,000.

(3) OPERATION AND MAINTENANCE.—The operation and

maintenance of the project shall be a non-Federal responsibility.

(g) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated to pay the Federal share of the cost of carrying

out this section $30,000,000 for the period of fiscal years 2000

and 2001.
S. 507—76

SEC. 515. IRRIGATION DIVERSION PROTECTION AND FISHERIES

ENHANCEMENT ASSISTANCE.

(a) IN GENERAL.—The Secretary may provide technical planning

and design assistance to non-Federal interests and may conduct

other site-specific studies to formulate and evaluate fish screens,

fish passages devices, and other measures to decrease the incidence

of juvenile and adult fish inadvertently entering irrigation systems.

(b) COOPERATION.—Measures under subsection (a)—

(1) shall be developed in cooperation with Federal and

State resource agencies; and

(2) shall not impair the continued withdrawal of water

for irrigation purposes.

(c) PRIORITY.—In providing assistance under subsection (a),

the Secretary shall give priority based on—

(1) the objectives of the Endangered Species Act of 1973

(16 U.S.C. 1531 et seq.);

(2) cost-effectiveness; and

(3) the potential for reducing fish mortality.

(d) NON-FEDERAL SHARE.—

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

measures under subsection (a) shall be 50 percent.

(2) IN-KIND CONTRIBUTIONS.—Not more than 50 percent

of the non-Federal contribution may be made through the provision of services, materials, supplies, or other in-kind contributions.

(e) NO CONSTRUCTION ACTIVITY.—This section does not

authorize any construction activity.

(f) REPORT.—Not later than 2 years after the date of enactment

of this Act, the Secretary shall submit to Congress a report on—

(1) fish mortality caused by irrigation water intake devices;

(2) appropriate measures to reduce fish mortality;

(3) the extent to which those measures are currently being

employed in arid States;

(4) the construction costs associated with those measures;

and

(5) the appropriate Federal role, if any, to encourage the

use of those measures.

SEC. 516. INNOVATIVE TECHNOLOGIES FOR WATERSHED RESTORATION.

The Secretary shall examine using, and, if appropriate, encourage the use of, innovative treatment technologies, including membrane technologies, for watershed and environmental restoration

and protection projects involving water quality.

SEC. 517. EXPEDITED CONSIDERATION OF CERTAIN PROJECTS.

The Secretary shall expedite completion of the reports for the

following projects and, if justified, proceed directly to project

preconstruction, engineering, and design:

(1) Sluice Creek, Guilford, Connecticut, and Lighthouse

Point Park, New Haven, Connecticut.

(2) Alafia Channel, Tampa Harbor, Florida, project for

navigation.

(3) Little Calumet River, Indiana.

(4) Ohio River Greenway, Indiana, project for environmental restoration and recreation.
S. 507—77

(5) Mississippi River, West Baton Rouge Parish, Louisiana,

project for waterfront and riverine preservation, restoration,

and enhancement modifications.

(6) Extension of locks 20, 21, 22, 24, and 25 on the upper

Mississippi River and the La Grange and Peoria locks on the

Illinois River, project to provide lock chambers 110 feet in

width and 1,200 feet in length.

SEC. 518. DOG RIVER, ALABAMA.

The Secretary shall provide $1,500,000 for environmental restoration for a pilot project, in cooperation with non-Federal

interests, to restore natural water depths in the Dog River, Alabama.

SEC. 519. LEVEES IN ELBA AND GENEVA, ALABAMA.

(a) ELBA, ALABAMA.—

(1) IN GENERAL.—The Secretary may repair and rehabilitate a levee in the city of Elba, Alabama, at a total cost

of $12,900,000.

(2) COST SHARING.—The non-Federal share of the cost of

repair and rehabilitation under paragraph (1) shall be 35 percent.

(b) GENEVA, ALABAMA.—

(1) IN GENERAL.—The Secretary may repair and rehabilitate a levee in the city of Geneva, Alabama, at a total cost

of $16,600,000.

(2) COST SHARING.—The non-Federal share of the cost of

repair and rehabilitation under paragraph (1) shall be 35 percent.

SEC. 520. NAVAJO RESERVATION, ARIZONA, NEW MEXICO, AND UTAH.

(a) IN GENERAL.—In cooperation with other appropriate Federal

and local agencies, the Secretary shall undertake a survey of, and

provide technical, planning, and design assistance for, watershed

management, restoration, and development on the Navajo Indian

Reservation, Arizona, New Mexico, and Utah.

(b) COST SHARING.—The Federal share of the cost of activities

carried out under this section shall be 75 percent. Funds made

available under the Indian Self-Determination and Education

Assistance Act (25 U.S.C. 450 et seq.) may be used by the Navajo

Nation in meeting the non-Federal share of the cost of the activities.

(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated to carry out this section $12,000,000 for the

period beginning with fiscal year 2000.

SEC. 521. BEAVER LAKE, ARKANSAS, WATER SUPPLY STORAGE REALLOCATION.

The Secretary shall reallocate approximately 31,000 additional

acre-feet at Beaver Lake, Arkansas, to water supply storage at

no cost to the Beaver Water District or the Carroll-Boone Water

District, except that at no time shall the bottom of the conservation

pool be at an elevation that is less than 1,076 feet, NGVD.

SEC. 522. BEAVER LAKE TROUT PRODUCTION FACILITY, ARKANSAS.

Not later than 2 years after the date of enactment of this

Act, the Secretary, in conjunction with the State of Arkansas,

shall prepare a plan for the mitigation of effects of the Beaver

Dam project on Beaver Lake, including the benefits of and schedule
S. 507—78

for construction of the Beaver Lake trout production facility and

related facilities.

SEC. 523. CHINO DAIRY PRESERVE, CALIFORNIA.

(a) TECHNICAL ASSISTANCE.—The Secretary, in coordination

with the heads of other Federal agencies, shall provide technical

assistance to State and local agencies in the study, design, and

implementation of measures for flood damage reduction and

environmental restoration and protection in the Santa Ana River

watershed, California, with particular emphasis on structural and

nonstructural measures in the vicinity of the Chino Dairy Preserve.

(b) COST SHARING.—The non-Federal share of the cost of activities assisted under subsection (a) shall be 50 percent.

(c) COMPREHENSIVE STUDY.—The Secretary shall conduct a feasibility study to determine the most cost-effective plan for flood

damage reduction and environmental restoration and protection

in the vicinity of the Chino Dairy Preserve, Santa Ana River watershed, Orange County and San Bernardino County, California.

SEC. 524. ORANGE AND SAN DIEGO COUNTIES, CALIFORNIA.

(a) IN GENERAL.—The Secretary, in cooperation with local

governments, may prepare special area management plans for

Orange and San Diego Counties, California, to demonstrate the

effectiveness of using the plans to provide information regarding

aquatic resources.

(b) USE OF PLANS.—The Secretary may—

(1) use plans described in subsection (a) in making regulatory decisions; and

(2) issue permits consistent with the plans.

SEC. 525. RUSH CREEK, NOVATO, CALIFORNIA.

The Secretary shall carry out a project for flood control under

section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s)

at Rush Creek, Novato, California, if the Secretary determines

that the project is technically sound, environmentally acceptable,

and economically justified.

SEC. 526. SANTA CRUZ HARBOR, CALIFORNIA.

The Secretary may—

(1) modify the cooperative agreement with the Santa Cruz

Port District, California, to reflect unanticipated additional

dredging effort; and

(2) extend the agreement for 10 years.

SEC. 527. LOWER ST. JOHNS RIVER BASIN, FLORIDA.

(a) COMPUTER MODEL.—

(1) IN GENERAL.—The Secretary may apply the computer

model developed under the St. Johns River basin feasibility

study to assist non-Federal interests in developing strategies

for improving water quality in the Lower St. Johns River basin,

Florida.

(2) COST SHARING.—The non-Federal share of the cost of

activities assisted under paragraph (1) shall be 50 percent.

(b) TOPOGRAPHIC SURVEY.—The Secretary may provide 1-foot

contour topographic survey maps of the Lower St. Johns River

basin, Florida, to non-Federal interests for analyzing environmental

data and establishing benchmarks for subbasins.
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SEC. 528. MAYO’S BAR LOCK AND DAM, COOSA RIVER, ROME, GEORGIA.

(a) IN GENERAL.—The Secretary may provide technical assistance (including planning, engineering, and design assistance) for

the reconstruction of the Mayo’s Bar Lock and Dam, Coosa River,

Rome, Georgia.

(b) NON-FEDERAL SHARE.—The non-Federal share of the cost

of activities assisted under subsection (a) shall be 50 percent.

SEC. 529. COMPREHENSIVE FLOOD IMPACT RESPONSE MODELING

SYSTEM, CORALVILLE RESERVOIR AND IOWA RIVER

WATERSHED, IOWA.

(a) IN GENERAL.—The Secretary, in cooperation with the

University of Iowa, shall conduct a study and develop a comprehensive flood impact response modeling system for Coralville Reservoir

and the Iowa River watershed, Iowa.

(b) STUDY.—The study shall include—

(1) an evaluation of the combined hydrologic, geomorphic,

environmental, economic, social, and recreational impacts of

operating strategies within the watershed;

(2) creation of an integrated, dynamic flood impact model;

and

(3) the development of a rapid response system to be used

during flood and emergency situations.

(c) REPORT TO CONGRESS.—Not later than 5 years after the

date of enactment of this Act, the Secretary shall submit a report

to Congress on the results of the study and modeling system and

such recommendations as the Secretary determines to be appropriate.

(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated to carry out this section $3,000,000.

SEC. 530. ADDITIONAL CONSTRUCTION ASSISTANCE IN ILLINOIS.

The Secretary may carry out the project for Georgetown,

Illinois, and the project for Olney, Illinois, referred to in House

Report Number 104–741, accompanying the Safe Drinking Water

Act Amendments of 1996 (Public Law 104–182).

SEC. 531. KANOPOLIS LAKE, KANSAS.

(a) WATER STORAGE.—The Secretary shall offer to the State

of Kansas the right to purchase water storage in Kanopolis Lake,

Kansas, at the average of—

(1) the cost calculated in accordance with the terms of

the memorandum of understanding entitled ‘‘Memorandum of

Understanding Between the State of Kansas and the U.S.

Department of the Army Concerning the Purchase of Municipal

and Industrial Water Supply Storage’’, dated December 11,

1985; and

(2) the cost calculated in accordance with procedures established as of the date of enactment of this Act by the Secretary

to determine the cost of water storage at other projects under

the Secretary’s jurisdiction.

(b) EFFECTIVE DATE.—For the purposes of this section, the

effective date of the memorandum of understanding referred to

in subsection (a)(1) shall be deemed to be the date of enactment

of this Act.
S. 507—80

SEC. 532. SOUTHERN AND EASTERN KENTUCKY.

Section 531 of the Water Resources Development Act of 1996

(110 Stat. 3773) is amended—

(1) in subsection (b)—

(A) by striking ‘‘and surface’’ and inserting ‘‘surface’’;

and

(B) by striking ‘‘development.’’ and inserting ‘‘development, and small stream flooding, local storm water drainage, and related problems.’’;

(2) in subsection (d)(1), by adding at the end the following:

‘‘Notwithstanding section 221(b) of the Flood Control Act of

1970 (42 U.S.C. 1962d–5b(b)), for any project undertaken under

this section, with the consent of the affected local government,

a non-Federal interest may include a nonprofit entity.’’; and (3) in subsection (h), by striking ‘‘$10,000,000’’ and inserting ‘‘$25,000,000’’.

SEC. 533. SOUTHEAST LOUISIANA.

Section 533(c) of the Water Resources Development Act of 1996

(110 Stat. 3775) is amended by striking ‘‘$100,000,000’’ and

inserting ‘‘$250,000,000’’.

SEC. 534. SNUG HARBOR, MARYLAND.

(a) IN GENERAL.—The Secretary, in coordination with the

Director of the Federal Emergency Management Agency, may—

(1) provide technical assistance to the residents of Snug

Harbor, in the vicinity of Berlin, Maryland, for the purpose

of flood damage reduction;

(2) conduct a study of a project consisting of nonstructural

measures for flood damage reduction in the vicinity of Snug

Harbor, Maryland, taking into account the relationship of both

the Ocean City Inlet and Assateague Island to the flooding;

and

(3) after completion of the study, carry out the project

under section 205 of the Flood Control Act of 1948 (33 U.S.C.

701s).

(b) FEMA ASSISTANCE.—The Director, in coordination with the

Secretary and under the authorities of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et

seq.), may provide technical assistance and nonstructural measures

for flood damage mitigation in the vicinity of Snug Harbor, Maryland.

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

assistance under this section shall not exceed $3,000,000.

(2) NON-FEDERAL SHARE.—The non-Federal share of the

cost of assistance under this section shall be determined in

accordance with title I of the Water Resources Development

Act of 1986 (33 U.S.C. 2211 et seq.) or the Robert T. Stafford

Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121

et seq.), as appropriate.

SEC. 535. WELCH POINT, ELK RIVER, CECIL COUNTY, AND CHESAPEAKE CITY, MARYLAND.

(a) SPILLAGE OF DREDGED MATERIALS.—The Secretary shall

carry out a study to determine whether the spillage of dredged

materials that were removed as part of the project for navigation,
S. 507—81

Inland Waterway from Delaware River to Chesapeake Bay, Delaware and Maryland, authorized by the first section of the Act

of August 30, 1935 (49 Stat. 1030, chapter 831), is a significant

impediment to vessels transiting the Elk River near Welch Point,

Maryland. If the Secretary determines that the spillage is an

impediment to navigation, the Secretary may conduct such dredging

as may be required to permit navigation on the river.

(b) DAMAGE TO WATER SUPPLY.—The Secretary shall carry out

a study to determine whether additional compensation is required

to fully compensate the city of Chesapeake, Maryland, for damage

to the city’s water supply resulting from dredging of the Chesapeake

and Delaware Canal project. If the Secretary determines that such

additional compensation is required, the Secretary may provide

the compensation to the city of Chesapeake.

SEC. 536. CAPE COD CANAL RAILROAD BRIDGE, BUZZARDS BAY,

MASSACHUSETTS.

(a) ALTERNATIVE TRANSPORTATION.—The Secretary may provide

up to $300,000 for meeting the need for alternative transportation

that may arise as a result of the operation, maintenance, repair,

and rehabilitation of the Cape Cod Canal Railroad Bridge.

(b) OPERATION AND MAINTENANCE CONTRACT RENEGOTIATION.—

Not later than 60 days after the date of enactment of this Act,

the Secretary shall enter into negotiation with the owner of the

railroad right-of-way for the Cape Cod Canal Railroad Bridge for

the purpose of establishing the rights and responsibilities for the

operation and maintenance of the Bridge. The Secretary may

include in any new contract the termination of the prior contract

numbered ER–W175–ENG–1.

SEC. 537. ST. LOUIS, MISSOURI.

(a) DEMONSTRATION PROJECT.—The Secretary, in consultation

with local officials, shall conduct a demonstration project to improve

water quality in the vicinity of St. Louis, Missouri.

(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated $1,700,000 to carry out this section.

SEC. 538. BEAVER BRANCH OF BIG TIMBER CREEK, NEW JERSEY.

At the request of the State of New Jersey or a political subdivision of the State, using authority under law in effect on the date

of enactment of this Act, the Secretary may—

(1) compile and disseminate information on floods and flood

damage, including identification of areas subject to inundation

by floods; and

(2) provide technical assistance regarding floodplain

management for the Beaver Branch of Big Timber Creek, New

Jersey.

SEC. 539. LAKE ONTARIO AND ST. LAWRENCE RIVER WATER LEVELS,

NEW YORK.

On request, the Secretary may provide technical assistance

to the International Joint Commission and the St. Lawrence River

Board of Control in undertaking studies on the effects of fluctuating

water levels on the natural environment, recreational boating, property flooding, and erosion along the shorelines of Lake Ontario

and the St. Lawrence River in New York. The Commission and
S. 507—82

the Board are encouraged to conduct such studies in a comprehensive and thorough manner before implementing any change to

Water Regulation Plan 1958–D.

SEC. 540. NEW YORK-NEW JERSEY HARBOR, NEW YORK AND NEW

JERSEY.

(a) IN GENERAL.—The Secretary shall conduct a study to analyze the economic and environmental benefits and costs of potential

sediment management and contaminant reduction measures.

(b) COOPERATIVE AGREEMENTS.—In conducting the study, the

Secretary may enter into cooperative agreements with non-Federal

interests to investigate, develop, and support measures for sediment

management and reduction of sources of contaminant that affect

navigation in the Port of New York-New Jersey and the environmental conditions of the New York-New Jersey Harbor estuary.

SEC. 541. SEA GATE REACH, CONEY ISLAND, NEW YORK, NEW YORK.

The Secretary may construct a project for shoreline protection

that includes a beachfill with revetment and T-groin for the Sea

Gate Reach on Coney Island, New York, as identified in the March

1998 report prepared for the Corps of Engineers, New York District,

entitled ‘‘Field Data Gathering, Project Performance Analysis and

Design Alternative Solutions to Improve Sandfill Retention’’, at

a total cost of $9,000,000, with an estimated Federal cost of

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

SEC. 542. WOODLAWN, NEW YORK.

(a) IN GENERAL.—The Secretary shall provide planning, design,

and other technical assistance to non-Federal interests for identifying and mitigating sources of contamination at Woodlawn Beach

in Woodlawn, New York.

(b) COST SHARING.—The non-Federal share of the cost of assistance provided under subsection (a) shall be 50 percent.

SEC. 543. FLOODPLAIN MAPPING, NEW YORK.

(a) IN GENERAL.—The Secretary shall provide assistance for

a project to develop maps identifying 100- and 500-year flood

inundation areas in the State of New York.

(b) REQUIREMENTS.—Maps developed under the project shall

include hydrologic and hydraulic information and shall accurately

show the flood inundation of each property by flood risk in the

floodplain. The maps shall be produced in a high resolution format

and shall be made available to all flood prone areas in the State

of New York in an electronic format.

(c) PARTICIPATION OF FEMA.—The Secretary and the non-Federal interests for the project shall work with the Director of the

Federal Emergency Management Agency to ensure the validity

of the maps developed under the project for flood insurance purposes.

(d) FORMS OF ASSISTANCE.—In carrying out the project, the

Secretary may enter into contracts or cooperative agreements with

the non-Federal interests or provide reimbursements of project

costs.

(e) FEDERAL SHARE.—The Federal share of the cost of the

project shall be 50 percent.

(f) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated to carry out this section $10,000,000 for the

period beginning with fiscal year 2000.
S. 507—83

SEC. 544. TOUSSAINT RIVER, CARROLL TOWNSHIP, OTTAWA COUNTY,

OHIO.

The Secretary may provide technical assistance for the removal

of military ordnance from the Toussaint River, Carroll Township,

Ottawa County, Ohio.

SEC. 545. SARDIS RESERVOIR, OKLAHOMA.

(a) IN GENERAL.—The Secretary shall accept from the State

of Oklahoma or an agent of the State an amount, determined

under subsection (b), as prepayment of 100 percent of the water

supply cost obligation of the State under Contract No. DACW56–

74–JC–0314 for water supply storage at Sardis Reservoir, Oklahoma.

(b) DETERMINATION OF AMOUNT.—The amount to be paid by

the State of Oklahoma under subsection (a) shall be subject to

adjustment in accordance with accepted discount purchase methods

for Federal Government properties as determined by an independent accounting firm designated by the Director of the Office

of Management and Budget. The cost of the determination shall

be paid for by the State of Oklahoma or an agent of the State.

(c) EFFECT.—Nothing in this section affects any of the rights

or obligations of the parties to the contract referred to in subsection

(a).

SEC. 546. SKINNER BUTTE PARK, EUGENE, OREGON.

(a) STUDY.—The Secretary shall conduct a study of the south

bank of the Willamette River, in the area of Skinner Butte Park

from Ferry Street Bridge to the Valley River footbridge, to determine the feasibility of carrying out a project to stabilize the river

bank, and to restore and enhance riverine habitat, using a combination of structural and bioengineering techniques.

(b) FEDERAL PARTICIPATION.—If, on completion of the study,

the Secretary determines that the project is technically sound,

environmentally acceptable, and economically justified, the Secretary may participate with non-Federal interests in the project.

(c) COST SHARING.—The non-Federal share of the cost of the

project shall be 35 percent.

(d) LAND, EASEMENTS, AND RIGHTS-OF-WAY.— (1) IN GENERAL.—The non-Federal interest shall provide

land, easements, rights-of-way, relocations, and dredged material disposal areas necessary for construction of the project.

(2) CREDIT TOWARD NON-FEDERAL SHARE.—The value of

the land, easements, rights-of-way, relocations, and dredged

material disposal areas provided by the non-Federal interests

shall be credited toward the non-Federal share.

(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated to carry out this section $1,000,000 for the

period beginning with fiscal year 2000.

SEC. 547. WILLAMETTE RIVER BASIN, OREGON.

(a) IN GENERAL.—The Secretary, the Director of the Federal

Emergency Management Agency, the Administrator of the Environmental Protection Agency, and the heads of other appropriate Federal agencies shall, using authorities under law in effect on the

date of enactment of this Act, assist the State of Oregon in developing and implementing a comprehensive basin-wide strategy in

the Willamette River basin, Oregon, for coordinated and integrated

management of land and water resources to improve water quality,
S. 507—84

reduce flood hazards, ensure sustainable economic activity, and

restore habitat for native fish and wildlife.

(b) TECHNICAL ASSISTANCE, STAFF, AND FINANCIAL SUPPORT.— The heads of the Federal agencies may provide technical assistance,

staff, and financial support for development of the basin-wide

management strategy.

(c) FLEXIBILITY.—The heads of the Federal agencies shall exercise flexibility to reduce barriers to efficient and effective

implementation of the basin-wide management strategy.

SEC. 548. BRADFORD AND SULLIVAN COUNTIES, PENNSYLVANIA.

The Secretary may provide assistance for water-related environmental infrastructure and resource protection and development

projects in Bradford and Sullivan Counties, Pennsylvania, using

the funds and authorities provided in title I of the Energy and

Water Development Appropriations Act, 1999 (Public Law 105–

245), under the heading ‘‘CONSTRUCTION, GENERAL’’ (112 Stat. 1840)

for similar projects in Lackawanna, Lycoming, Susquehanna,

Wyoming, Pike, and Monroe Counties, Pennsylvania.

SEC. 549. ERIE HARBOR, PENNSYLVANIA.

The Secretary may reimburse the appropriate non-Federal interest not more than $78,366 for architectural and engineering

costs incurred in connection with the Erie Harbor basin navigation

project, Pennsylvania.

SEC. 550. POINT MARION LOCK AND DAM, PENNSYLVANIA.

(a) IN GENERAL.—The project for navigation, Point Marion Lock

and Dam, borough of Point Marion, Pennsylvania, authorized by

section 301(a) of the Water Resources Development Act of 1986

(100 Stat. 4110), is modified to direct the Secretary, in the operation

and maintenance of the project, to mitigate damages to the shoreline, at a total cost of $2,000,000.

(b) ALLOCATION.—The cost of the mitigation shall be allocated

as an operation and maintenance cost of a Federal navigation

project.

SEC. 551. SEVEN POINTS’ HARBOR, PENNSYLVANIA.

(a) IN GENERAL.—The Secretary may, at full Federal expense,

construct a breakwater at the entrance to Seven Points’ Harbor,

Pennsylvania.

(b) OPERATION AND MAINTENANCE COSTS.—All operation and

maintenance costs associated with the facility constructed under

this section shall be the responsibility of the lessee of the marina

complex at Seven Points’ Harbor.

(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated to carry out this section $850,000.

SEC. 552. SOUTHEASTERN PENNSYLVANIA.

Section 566(b) of the Water Resources Development Act of

1996 (110 Stat. 3786) is amended by inserting ‘‘environmental restoration,’’ after ‘‘water supply and related facilities,’’.

SEC. 553. UPPER SUSQUEHANNA-LACKAWANNA, PENNSYLVANIA, WATERSHED MANAGEMENT AND RESTORATION STUDY.

(a) IN GENERAL.—The Secretary shall conduct a study to determine the feasibility of a comprehensive floodplain management

and watershed restoration project for the Upper SusquehannaLackawanna Watershed, Pennsylvania.
S. 507—85

(b) GEOGRAPHIC INFORMATION SYSTEM.—In conducting the

study, the Secretary shall use a geographic information system.

(c) PLANS.—The study shall formulate plans for comprehensive

floodplain management and environmental restoration.

(d) CREDIT TOWARD NON-FEDERAL SHARE.—Non-Federal

interests may receive credit toward the non-Federal share for inkind services and materials that contribute to the study. The Secretary may credit non-Corps Federal assistance provided to the

non-Federal interest toward the non-Federal share of the costs

of the study to the maximum extent authorized by law.

SEC. 554. AGUADILLA HARBOR, PUERTO RICO.

The Secretary shall conduct a study to determine whether

erosion and additional storm damage risks that exist in the vicinity

of Aguadilla Harbor, Puerto Rico, are the result of a Federal navigation project. If the Secretary determines that such erosion and

additional storm damage risks are the result of the project, the

Secretary shall take appropriate measures to mitigate the erosion

and storm damage.

SEC. 555. OAHE DAM TO LAKE SHARPE, SOUTH DAKOTA, STUDY.

Section 441 of the Water Resources Development Act of 1996

(110 Stat. 3747) is amended—

(1) by inserting ‘‘(a) INVESTIGATION.—’’ before ‘‘The Secretary’’; and

(2) by adding at the end the following:

‘‘(b) REPORT.—Not later than September 30, 1999, the Secretary

shall submit to Congress a report on the results of the investigation

under this section. The report shall include the examination of

financing options for regular maintenance and preservation of the

lake. The report shall be prepared in coordination and cooperation

with the Natural Resources Conservation Service, other Federal

agencies, and State and local officials.’’.

SEC. 556. NORTH PADRE ISLAND STORM DAMAGE REDUCTION AND

ENVIRONMENTAL RESTORATION PROJECT.

The Secretary is directed to carry out a project for ecosystem

restoration and storm damage reduction at North Padre Island,

Corpus Christi Bay, Texas, at a total estimated cost of $30,000,000,

with an estimated Federal cost of $19,500,000 and an estimated

non-Federal cost of $10,500,000, if the Secretary determines that

the work is technically sound and environmentally acceptable. The

Secretary shall make such a determination not later than 270

days after the date of enactment of this Act.

SEC. 557. NORTHERN WEST VIRGINIA.

The projects described in the following reports are authorized

to be carried out by the Secretary substantially in accordance with

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

reports, and subject to a favorable report of the Chief of Engineers:

(1) PARKERSBURG, WEST VIRGINIA.—Report of the Corps

of Engineers entitled ‘‘Parkersburg/Vienna Riverfront Park Feasibility Study’’, dated June 1998, at a total cost of $8,400,000,

with an estimated Federal cost of $4,200,000, and an estimated

non-Federal cost of $4,200,000.

(2) WEIRTON, WEST VIRGINIA.—Report of the Corps of Engineers entitled ‘‘Feasibility Master Plan for Weirton Port and

Industrial Center, West Virginia Public Port Authority’’, dated
S. 507—86

December 1997, at a total cost of $18,000,000, with an estimated

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

of $9,000,000.

(3) ERICKSON/WOOD COUNTY, WEST VIRGINIA.—Report of the

Corps of Engineers entitled ‘‘Feasibility Master Plan for

Erickson/Wood County Port District, West Virginia Public Port

Authority’’, dated July 7, 1997, at a total cost of $28,000,000,

with an estimated Federal cost of $14,000,000, and an estimated

non-Federal cost of $14,000,000.

SEC. 558. MISSISSIPPI RIVER COMMISSION.

Section 8 of the Act of May 15, 1928 (33 U.S.C. 702h; 45

Stat. 537, chapter 569) (commonly known as the ‘‘Flood Control

Act of 1928’’), is amended by striking ‘‘$7,500’’ and inserting

‘‘$21,500’’.

SEC. 559. COASTAL AQUATIC HABITAT MANAGEMENT.

(a) IN GENERAL.—The Secretary may cooperate with the Secretaries of Agriculture and the Interior, the Administrators of the

Environmental Protection Agency and the National Oceanic and

Atmospheric Administration, other appropriate Federal, State, and

local agencies, and affected private entities, in the development

of a management strategy to address problems associated with

toxic microorganisms and the resulting degradation of ecosystems

in the tidal and nontidal wetlands and waters of the United States.

(b) ASSISTANCE.—As part of the management strategy, the Secretary may provide planning, design, and other technical assistance

to each participating State in the development and implementation

of nonregulatory measures to mitigate environmental problems and

restore aquatic resources.

(c) COST SHARING.—The Federal share of the cost of measures

undertaken under this section shall not exceed 65 percent.

(d) OPERATION AND MAINTENANCE.—The non-Federal share of

operation and maintenance costs for projects constructed with

assistance provided under this section shall be 100 percent.

(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated to carry out this section $7,000,000 for the

period beginning with fiscal year 2000.

SEC. 560. ABANDONED AND INACTIVE NONCOAL MINE RESTORATION.

(a) IN GENERAL.—The Secretary may provide technical, planning, and design assistance to Federal and non-Federal interests

for carrying out projects to address water quality problems caused

by drainage and related activities from abandoned and inactive

noncoal mines.

(b) SPECIFIC MEASURES.—Assistance provided under subsection

(a) may be in support of projects for the purposes of—

(1) managing drainage from abandoned and inactive

noncoal mines;

(2) restoring and protecting streams, rivers, wetlands, other

waterbodies, and riparian areas degraded by drainage from

abandoned and inactive noncoal mines; and

(3) demonstrating management practices and innovative

and alternative treatment technologies to minimize or eliminate

adverse environmental effects associated with drainage from

abandoned and inactive noncoal mines.

(c) NON-FEDERAL SHARE.—The non-Federal share of the cost

of assistance under subsection (a) shall be 50 percent, except that
S. 507—87

the Federal share with respect to projects located on land owned

by the United States shall be 100 percent.

(d) EFFECT ON AUTHORITY OF SECRETARY OF THE INTERIOR.— Nothing in this section affects the authority of the Secretary of

the Interior under title IV of the Surface Mining Control and

Reclamation Act of 1977 (30 U.S.C. 1231 et seq.).

(e) TECHNOLOGY DATABASE FOR RECLAMATION OF ABANDONED

MINES.—The Secretary may provide assistance to non-Federal and

nonprofit entities to develop, manage, and maintain a database

of conventional and innovative, cost-effective technologies for reclamation of abandoned and inactive noncoal mine sites. Such assistance shall be provided through the Rehabilitation of Abandoned

Mine Sites Program managed by the Sacramento District Office

of the Corps of Engineers.

(f) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated to carry out this section $5,000,000.

SEC. 561. BENEFICIAL USE OF WASTE TIRE RUBBER.

(a) IN GENERAL.—The Secretary shall, when appropriate,

encourage the beneficial use of waste tire rubber (including crumb

rubber and baled tire products) recycled from tires.

(b) INCLUDED BENEFICIAL USES.—Beneficial uses under subsection (a) may include marine pilings, underwater framing, floating

docks with built-in flotation, utility poles, and other uses associated

with transportation and infrastructure projects receiving Federal

funds.

(c) USE OF WASTE TIRE RUBBER.—The Secretary shall encourage the use, when appropriate, of waste tire rubber (including

crumb rubber) in projects described in subsection (b).

SEC. 562. SITE DESIGNATION.

Section 102(c)(4) of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1412(c)(4)) is amended in the third

sentence by striking ‘‘January 1, 2000’’ and inserting ‘‘January

1, 2003’’.

SEC. 563. LAND CONVEYANCES.

(a) TORONTO LAKE AND EL DORADO LAKE, KANSAS.— (1) IN GENERAL.—The Secretary shall convey to the State

of Kansas, by quitclaim deed and without consideration, all

right, title, and interest of the United States in and to the

2 parcels of land described in paragraph (2) on which correctional facilities operated by the Kansas Department of Corrections are situated.

(2) LAND DESCRIPTION.—The parcels of land referred to

in paragraph (1) are—

(A) the parcel located in Butler County, Kansas, adjacent to the El Dorado Lake Project, consisting of approximately 32.98 acres; and

(B) the parcel located in Woodson County, Kansas,

adjacent to the Toronto Lake Project, consisting of approximately 51.98 acres.

(3) CONDITIONS.—

(A) USE OF LAND.—A conveyance of a parcel under

paragraph (1) shall be subject to the condition that all

right, title, and interest in and to the parcel shall revert

to the United States if the parcel is used for a purpose

other than that of a correctional facility.
S. 507—88

(B) COSTS.—The Secretary may require such additional

terms, conditions, reservations, and restrictions in connection with the conveyance as the Secretary determines are

necessary to protect the interests of the United States,

including a requirement that the State pay all reasonable

administrative costs associated with the conveyance.

(b) PIKE COUNTY, MISSOURI.—

(1) LAND EXCHANGE.—Subject to paragraphs (3) and (4),

at such time as Holnam Inc. conveys all right, title, and interest

in and to the parcel of land described in paragraph (2)(A)

to the United States, the Secretary shall convey all right,

title, and interest in the parcel of land described in paragraph

(2)(B) to Holnam Inc.

(2) LAND DESCRIPTION.—The parcels of land referred to

in paragraph (1) are the following:

(A) NON-FEDERAL LAND.—152.45 acres with existing

flowage easements situated in Pike County, Missouri,

described as a portion of Government Tract Number FM–

9 and all of Government Tract Numbers FM–11, FM–

10, FM–12, FM–13, and FM–16, owned and administered

by Holnam Inc.

(B) FEDERAL LAND.—152.61 acres situated in Pike

County, Missouri, known as Government Tract Numbers

FM–17 and a portion of FM–18, administered by the Corps

of Engineers.

(3) CONDITIONS.—The exchange of land under paragraph

(1) shall be subject to the following conditions:

(A) DEEDS.—

(i) NON-FEDERAL LAND.—The conveyance of the

land described in paragraph (2)(A) to the Secretary

shall be by a warranty deed acceptable to the Secretary.

(ii) FEDERAL LAND.—The instrument of conveyance

used to convey the land described in paragraph (2)(B)

to Holnam Inc. shall contain such reservations, terms,

and conditions as the Secretary considers necessary

to allow the United States to operate and maintain

the Mississippi River 9-Foot Navigation Project.

(B) REMOVAL OF IMPROVEMENTS.—Holnam Inc. may

remove any improvements on the land described in paragraph (2)(A). The Secretary may require Holnam Inc. to

remove any improvements on the land described in paragraph (2)(A). In either case, Holnam Inc. shall hold the

United States harmless from liability, and the United

States shall not incur cost associated with the removal

or relocation of any of the improvements.

(C) TIME LIMIT FOR EXCHANGE.—The land exchange

under paragraph (1) shall be completed not later than

2 years after the date of enactment of this Act.

(D) LEGAL DESCRIPTION.—The Secretary shall provide

the legal description of the land described in paragraph

(2). The legal description shall be used in the instruments

of conveyance of the land.

(E) ADMINISTRATIVE COSTS.—The Secretary shall

require Holnam Inc. to pay reasonable administrative costs

associated with the exchange.
S. 507—89

(4) VALUE OF PROPERTIES.—If the appraised fair market

value, as determined by the Secretary, of the land conveyed

to Holnam Inc. by the Secretary under paragraph (1) exceeds

the appraised fair market value, as determined by the Secretary, of the land conveyed to the United States by Holnam

Inc. under paragraph (1), Holnam Inc. shall make a payment

equal to the excess in cash or a cash equivalent to the United

States.

(c) CANDY LAKE PROJECT, OSAGE COUNTY, OKLAHOMA.—

(1) DEFINITIONS.—In this subsection:

(A) FAIR MARKET VALUE.—The term ‘‘fair market value’’

means the amount for which a willing buyer would purchase and a willing seller would sell a parcel of land,

as determined by a qualified, independent land appraiser.

(B) PREVIOUS OWNER OF LAND.—The term ‘‘previous

owner of land’’ means a person (including a corporation)

that conveyed, or a descendant of a deceased individual

who conveyed, land to the Corps of Engineers for use

in the Candy Lake project in Osage County, Oklahoma.

(2) CONVEYANCES.—

(A) IN GENERAL.—The Secretary shall convey all right,

title, and interest of the United States in and to the land

acquired by the United States for the Candy Lake project

in Osage County, Oklahoma.

(B) PREVIOUS OWNERS OF LAND.—

(i) IN GENERAL.—The Secretary shall give a previous owner of land the first option to purchase the

land described in subparagraph (A).

(ii) APPLICATION.—

(I) IN GENERAL.—A previous owner of land

that desires to purchase the land described in paragraph (1) that was owned by the previous owner

of land, or by the individual from whom the previous owner of land is descended, shall file an

application to purchase the land with the Secretary

not later than 180 days after the official date of

notice to the previous owner of land under paragraph (3).

(II) FIRST TO FILE HAS FIRST OPTION.—If more

than 1 application is filed to purchase a parcel

of land described in subparagraph (A), the first

option to purchase the parcel of land shall be determined in the order in which applications for the

parcel of land were filed.

(iii) IDENTIFICATION OF PREVIOUS OWNERS OF

LAND.—As soon as practicable after the date of enactment of this Act, the Secretary shall, to the extent

practicable, identify each previous owner of land.

(iv) CONSIDERATION.—Consideration for land conveyed under this subsection shall be the fair market

value of the land.

(C) DISPOSAL.—Any land described in subparagraph

(A) for which an application to purchase the land has

not been filed under subparagraph (B)(ii) within the

applicable time period shall be disposed of in accordance

with law.
S. 507—90

(D) EXTINGUISHMENT OF EASEMENTS.—All flowage

easements acquired by the United States for use in the

Candy Lake project in Osage County, Oklahoma, are extinguished.

(3) NOTICE.—

(A) IN GENERAL.—The Secretary shall notify—

(i) each person identified as a previous owner of

land under paragraph (2)(B)(iii), not later than 90 days

after identification, by United States mail; and

(ii) the general public, not later than 90 days after

the date of enactment of this Act, by publication in

the Federal Register.

(B) CONTENTS OF NOTICE.—Notice under this paragraph shall include—

(i) a copy of this subsection;

(ii) information sufficient to separately identify

each parcel of land subject to this subsection; and

(iii) specification of the fair market value of each

parcel of land subject to this subsection.

(C) OFFICIAL DATE OF NOTICE.—The official date of

notice under this subsection shall be the later of—

(i) the date on which actual notice is mailed; or

(ii) the date of publication of the notice in the

Federal Register.

(d) LAKE HUGO, OKLAHOMA, AREA LAND CONVEYANCE.—

(1) IN GENERAL.—As soon as practicable after the date

of enactment of this Act, the Secretary shall convey at fair

market value to Choctaw County Industrial Authority, Oklahoma, the parcels of land described in paragraph (2).

(2) LAND DESCRIPTION.— (A) IN GENERAL.—The parcel of land to be conveyed

under paragraph (1) is the parcel lying above elevation

445.2 feet (NGVD) located in the S1⁄2N1⁄2SE1⁄4 and the

S1⁄2SW1⁄4 of Section 13 and the N1⁄2NW1⁄4 of Section 24,

T 6 S, R 18 E, of the Indian Meridian, in Choctaw County,

Oklahoma, the parcel also being part of the Sawyer Bluff

Public Use Area and including parts of Hugo Lake Tracts

134 and 139, and more particularly described as follows:

Beginning at a point on the east line of Section 13, the

point being 100.00 feet north of the southeast corner of

S1⁄2N1⁄2SE1⁄4 of Section 13; thence S 01° 36′ 24′′ 100.00

to a Corps of Engineers brass-capped monument at the

southeast corner of S1⁄2N1⁄2SE1⁄4 of Section 13; thence S

88° 16′ 57′′ W, along the south line of the S1⁄2N1⁄2SE1⁄4

of Section 13, 2649.493 feet, more or less, to a Corps

of Engineers brass-capped monument on the centerline of

Section 13; thence S 01° 20′ 53′′ E, along the centerline

of Section 13, 1316.632 feet to a Corps of Engineers brasscapped monument; thence S 00° 41′ 35′′ E, along the centerline of Section 24, 1000.00 feet, more or less, to a point

lying 50.00 feet north and 300.00 feet, more or less, east

of Road B of the Sawyer Bluff Public Use Area; thence

westerly and northwesterly, parallel to Road B, to the

approximate location of the 445.2-foot contour; thence

meandering northerly along the 445.2-foot contour to a

point approximately 100.00 feet west and 100.00 feet north

of the southwest corner of the S1⁄2N1⁄2SE1⁄4 of Section 13;
S. 507—91

thence east, paralleling the south line of the S1⁄2N1⁄2SE1⁄4

of Section 13, 2649.493 feet, more or less, to the point

of beginning.

(B) SURVEY.—The exact description and acreage of the

parcel shall be determined by a metes and bounds survey

provided by the Choctaw County Industrial Authority.

(e) CONVEYANCE OF PROPERTY IN MARSHALL COUNTY, OKLAHOMA.—

(1) IN GENERAL.—The Secretary shall convey to the State

of Oklahoma all right, title, and interest of the United States

in and to real property located in Marshall County, Oklahoma,

and included in the Lake Texoma (Denison Dam), Oklahoma

and Texas, project, consisting of approximately 1,580 acres

and leased to the State of Oklahoma for public park and recreation purposes.

(2) CONSIDERATION.—Consideration for the conveyance

under paragraph (1) shall be the fair market value of the

real property, as determined by the Secretary. All costs associated with the conveyance under paragraph (1) shall be paid

by the State of Oklahoma.

(3) DESCRIPTION.—The exact acreage and legal description

of the real property to be conveyed under paragraph (1) shall

be determined by a survey satisfactory to the Secretary. The

cost of the survey shall be paid by the State of Oklahoma.

(4) ENVIRONMENTAL COMPLIANCE.—Before making the

conveyance under paragraph (1), the Secretary shall—

(A) conduct an environmental baseline survey to determine whether there are levels of contamination for which

the United States would be responsible under the Comprehensive Environmental Response, Compensation, and

Liability Act of 1980 (42 U.S.C. 9601 et seq.); and

(B) ensure that the conveyance complies with the

National Environmental Policy Act of 1969 (42 U.S.C. 4321

et seq.).

(5) OTHER TERMS AND CONDITIONS.—The conveyance under

paragraph (1) shall be subject to such other terms and conditions as the Secretary considers appropriate to protect the

interests of the United States, including reservation by the

United States of a flowage easement over all portions of the

real property to be conveyed that are at or below elevation

645.0 NGVD.

(f) SUMMERFIELD CEMETERY ASSOCIATION, OKLAHOMA.—

(1) IN GENERAL.—As soon as practicable after the date

of enactment of this Act, the Secretary shall transfer to the

Summerfield Cemetery Association, Oklahoma, all right, title,

and interest of the United States in and to the land described

in paragraph (3) for use as a cemetery.

(2) REVERSION.—If the land to be transferred under this

subsection ever ceases to be used as a not-for-profit cemetery

or for another public purpose, the land shall revert to the

United States.

(3) DESCRIPTION.—The land to be conveyed under this subsection is the approximately 10 acres of land located in Leflore

County, Oklahoma, and described as follows:
S. 507—92

INDIAN BASIN MERIDIAN

SECTION 23, TOWNSHIP 5 NORTH, RANGE 23 EAST

SW SE SW NW

NW NE NW SW

N1⁄2 SW SW NW.

(4) CONSIDERATION.—The conveyance under this subsection

shall be without consideration. All costs associated with the

conveyance shall be paid by the Summerfield Cemetery Association, Oklahoma.

(5) OTHER TERMS AND CONDITIONS.—The conveyance under

this subsection shall be subject to such other terms and conditions as the Secretary considers necessary to protect the

interests of the United States.

(g) DEXTER, OREGON.—

(1) IN GENERAL.—The Secretary shall convey to the Dexter

Sanitary District all right, title, and interest of the United

States in and to a parcel of land consisting of approximately

5 acres located at Dexter Lake, Oregon, under lease to the

Dexter Sanitary District.

(2) CONSIDERATION.—Land to be conveyed under this subsection shall be conveyed without consideration. If the land

is no longer held in public ownership or no longer used for

wastewater treatment purposes, title to the land shall revert

to the Secretary.

(3) TERMS AND CONDITIONS.—The conveyance by the United

States shall be subject to such terms and conditions as the

Secretary considers appropriate to protect the interests of the

United States.

(4) SURVEYS.—The exact acreage and description of the

land to be conveyed under paragraph (1) shall be determined

by such surveys as the Secretary considers necessary. The

cost of the surveys shall be borne by the Dexter Sanitary

District.

(h) CHARLESTON, SOUTH CAROLINA.—The Secretary may convey

the property of the Corps of Engineers known as the ‘‘Equipment

and Storage Yard’’, located on Meeting Street in Charleston, South

Carolina, in as-is condition for fair market value, with all proceeds

from the conveyance to be applied by the Corps of Engineers,

Charleston District, to offset a portion of the costs of moving or

leasing an office facility in the city of Charleston, South Carolina.

(i) RICHARD B. RUSSELL DAM AND LAKE, SOUTH CAROLINA.— (1) IN GENERAL.—Except as otherwise provided in this subsection, the Secretary shall convey to the State of South Carolina all right, title, and interest of the United States in and

to the parcels of land described in paragraph (2)(A) that are

being managed, as of the date of enactment of this Act, by

the South Carolina Department of Natural Resources for fish

and wildlife mitigation purposes for the Richard B. Russell

Dam and Lake, South Carolina, project authorized by section

203 of the Flood Control Act of 1966 (80 Stat. 1420) and

modified by section 601(a) of the Water Resources Development

Act of 1986 (100 Stat. 4140).

(2) LAND DESCRIPTION.—

(A) IN GENERAL.—The parcels of land to be conveyed

are described in Exhibits A, F, and H of Army Lease
S. 507—93

No. DACW21–1–93–0910 and associated supplemental

agreements or are designated in red in Exhibit A of Army

License No. DACW21–3–85–1904, excluding all designated

parcels in the license that are below elevation 346 feet

mean sea level or that are less than 300 feet measured

horizontally from the top of the power pool.

(B) MANAGEMENT OF EXCLUDED PARCELS.—Management of the excluded parcels shall continue in accordance

with the terms of Army License No. DACW21–3–85–1904

until the Secretary and the State enter into an agreement

under paragraph (6).

(C) SURVEY.—The exact acreage and legal description

of the land shall be determined by a survey satisfactory

to the Secretary, with the cost of the survey borne by

the State.

(3) COSTS OF CONVEYANCE.—The State shall be responsible

for all costs, including real estate transaction and environmental compliance costs, associated with the conveyance.

(4) PERPETUAL STATUS.—

(A) IN GENERAL.—All land conveyed under this subsection shall be retained in public ownership and shall

be managed in perpetuity for fish and wildlife mitigation

purposes in accordance with a plan approved by the Secretary.

(B) REVERSION.—If any parcel of land is not managed

for fish and wildlife mitigation purposes in accordance with

the plan, title to the parcel shall revert to the United

States.

(5) ADDITIONAL TERMS AND CONDITIONS.—The Secretary

may require such additional terms and conditions in connection

with the conveyance under this subsection as the Secretary

considers appropriate to protect the interests of the United

States.

(6) FISH AND WILDLIFE MITIGATION AGREEMENT.— (A) IN GENERAL.—The Secretary may pay the State of South Carolina not more than $4,850,000, subject to

the Secretary and the State entering into a binding agreement for the State to manage for fish and wildlife mitigation purposes in perpetuity the parcels of land conveyed

under this subsection and excluded parcels designated in

Exhibit A of Army License No. DACW21–3–85–1904.

(B) FAILURE OF PERFORMANCE.—The agreement shall

specify the terms and conditions under which payment

will be made and the rights of, and remedies available

to, the Federal Government to recover all or a portion

of the payment if the State fails to manage any parcel

in a manner satisfactory to the Secretary.

(j) CLARKSTON, WASHINGTON.—

(1) IN GENERAL.—The Secretary shall convey to the Port

of Clarkston, Washington, all right, title, and interest of the

United States in and to a portion of the land described in

the Department of the Army Lease No. DACW68–1–97–22,

consisting of approximately 31 acres, the exact boundaries of

which shall be determined by the Secretary and the Port of

Clarkston.

(2) ADDITIONAL LAND.—The Secretary may convey to the

Port of Clarkston, Washington, such additional land located
S. 507—94

in the vicinity of Clarkston, Washington, as the Secretary determines to be excess to the needs of the Columbia River Project

and appropriate for conveyance.

(3) TERMS AND CONDITIONS.—The conveyances made under

paragraphs (1) and (2) shall be subject to such terms and

conditions as the Secretary considers necessary to protect the

interests of the United States, including a requirement that

the Port of Clarkston pay all administrative costs associated

with the conveyances, including the cost of land surveys and

appraisals and costs associated with compliance with applicable

environmental laws (including regulations).

(4) USE OF LAND.—The Port of Clarkston shall be required

to pay the fair market value, as determined by the Secretary,

of any land conveyed under paragraphs (1) and (2) that is

not retained in public ownership and used for public park

or recreation purposes, except that the Secretary shall have

a right of reverter to reclaim possession and title to any such

land.

(k) MATEWAN, WEST VIRGINIA.—

(1) IN GENERAL.—The United States shall convey by quitclaim deed to the town of Matewan, West Virginia, all right,

title, and interest of the United States in and to 4 parcels

of land that the Secretary determines to be excess to the structural project for flood control constructed by the Corps of Engineers along the Tug Fork River under section 202 of the Energy

and Water Development Appropriation Act, 1981 (94 Stat.

1339).

(2) PROPERTY DESCRIPTION.—The parcels of land referred

to in paragraph (1) are as follows:

(A) A certain parcel of land in the State of West Virginia, Mingo County, town of Matewan, being more particularly bounded and described as follows:

Beginning at a point on the southerly right-ofway line of a 40-foot-wide street right-of-way (known

as McCoy Alley), having an approximate coordinate

value of N228,695, E1,662,397, in the line common

to the land designated as U.S.A. Tract No. 834, and

the land designated as U.S.A. Tract No. 837, said

point being South 51°52′ East 81.8 feet from an iron

pin and cap marked M–12 on the boundary of the

Matewan Area Structural Project, on the north rightof-way line of said street, at a corner common to designated U.S.A. Tracts Nos. 834 and 836; thence, leaving

the right-of-way of said street, with the line common

to the land of said Tract No. 834, and the land of

said Tract No. 837.

South 14°37′ West 46 feet to the corner common

to the land of said Tract No. 834, and the land of

said Tract No. 837; thence, leaving the land of said

Tract No. 837, severing the lands of said Project.

South 14°37′ West 46 feet.

South 68°07′ East 239 feet.

North 26°05′ East 95 feet to a point on the southerly right-of-way line of said street; thence, with the

right-of-way of said street, continuing to sever the

lands of said Project.
S. 507—95

South 63°55′ East 206 feet; thence, leaving the

right-of-way of said street, continuing to sever the

lands of said Project.

South 26°16′ West 63 feet; thence, with a curve

to the left having a radius of 70 feet, a delta of 33°58′,

an arc length of 41 feet, the chord bearing.

South 09°17′ West 41 feet; thence, leaving said

curve, continuing to sever the lands of said Project.

South 07°42′ East 31 feet to a point on the rightof-way line of the floodwall; thence, with the rightof-way of said floodwall, continuing to sever the lands

of said Project.

South 77°04′ West 71 feet.

North 77°10′ West 46 feet.

North 67°07′ West 254 feet.

North 67°54′ West 507 feet.

North 57°49′ West 66 feet to the intersection of

the right-of-way line of said floodwall with the southerly right-of-way line of said street; thence, leaving

the right-of-way of said floodwall and with the southerly right-of-way of said street, continuing to sever

the lands of said Project.

North 83°01′ East 171 feet.

North 89°42′ East 74 feet.

South 83°39′ East 168 feet.

South 83°38′ East 41 feet.

South 77°26′ East 28 feet to the point of beginning,

containing 2.59 acres, more or less.

The bearings and coordinate used in this subparagraph

are referenced to the West Virginia State Plane Coordinate

System, South Zone.

(B) A certain parcel of land in the State of West Virginia, Mingo County, town of Matewan, being more particularly bounded and described as follows:

Beginning at an iron pin and cap designated

Corner No. M2–2 on the southerly right-of-way line

of the Norfolk and Western Railroad, having an

approximate coordinate value of N228,755 E1,661,242,

and being at the intersection of the right-of-way line

of the floodwall with the boundary of the Matewan

Area Structural Project; thence, leaving the right-ofway of said floodwall and with said Project boundary,

and the southerly right-of-way of said Railroad.

North 59°45′ East 34 feet.

North 69°50′ East 44 feet.

North 58°11′ East 79 feet.

North 66°13′ East 102 feet.

North 69°43′ East 98 feet.

North 77°39′ East 18 feet.

North 72°39′ East 13 feet to a point at the intersection of said Project boundary, and the southerly rightof-way of said Railroad, with the westerly right-ofway line of State Route 49/10; thence, leaving said

Project boundary, and the southerly right-of-way of

said Railroad, and with the westerly right-of-way of

said road.
S. 507—96

South 03°21′ East 100 feet to a point at the intersection of the westerly right-of-way of said road with

the right-of-way of said floodwall; thence, leaving the

right-of-way of said road, and with the right-of-way

line of said floodwall.

South 79°30′ West 69 feet.

South 78°28′ West 222 feet.

South 80°11′ West 65 feet.

North 38°40′ West 14 feet to the point of beginning,

containing 0.53 acre, more or less.

The bearings and coordinate used in this subparagraph

are referenced to the West Virginia State Plane Coordinate

System, South Zone.

(C) A certain parcel of land in the State of West Virginia, Mingo County, town of Matewan, being more particularly bounded and described as follows:

Beginning at a point on the southerly right-ofway line of the Norfolk and Western Railroad, having

an approximate coordinate value of N228,936

E1,661,672, and being at the intersection of the easterly right-of-way line of State Route 49/10 with the

boundary of the Matewan Area Structural Project;

thence, leaving the right-of-way of said road, and with

said Project boundary, and the southerly right-of-way

of said Railroad.

North 77°49′ East 89 feet to an iron pin and cap

designated as U.S.A. Corner No. M–4.

North 79°30′ East 74 feet to an iron pin and cap

designated as U.S.A. Corner No. M–5–1; thence,

leaving the southerly right-of-way of said Railroad,

and continuing with the boundary of said Project.

South 06°33′ East 102 to an iron pipe and cap

designated U.S.A. Corner No. M–6–1 on the northerly

right-of-way line of State Route 49/28; thence, leaving

the boundary of said Project, and with the right-ofway of said road, severing the lands of said Project.

North 80°59′ West 171 feet to a point at the intersection of the northerly right-of-way line of said State

Route 49/28 with the easterly right-of-way line of said

State Route 49/10; thence, leaving the right-of-way of

said State Route 49/28 and with the right-of-way of

said State Route 49/10.

North 03°21′ West 42 feet to the point of beginning,

containing 0.27 acre, more or less.

The bearings and coordinate used in this subparagraph

are referenced to the West Virginia State Plane Coordinate

System, South Zone.

(D) A certain parcel of land in the State of West Virginia, Mingo County, town of Matewan, being more particularly bounded and described as follows:

Beginning at a point at the intersection of the

easterly right-of-way line of State Route 49/10 with

the right-of-way line of the floodwall, having an

approximate coordinate value of N228,826 E1,661,679;

thence, leaving the right-of-way of said floodwall, and

with the right-of-way of said State Route 49/10.
S. 507—97

North 03°21′ West 23 feet to a point at the intersection of the easterly right-of-way line of said State

Route 49/10 with the southerly right-of-way line of

State Route 49/28; thence, leaving the right-of-way of

said State Route 49/10 and with the right-of-way of

said State Route 49/28.

South 80°59′ East 168 feet.

North 82°28′ East 45 feet to an iron pin and cap

designated as U.S.A. Corner No. M–8–1 on the

boundary of the Western Area Structural Project;

thence, leaving the right-of-way of said State Route

49/28, and with said Project boundary.

South 08°28′ East 88 feet to an iron pin and cap

designated as U.S.A. Corner No. M–9–1 point on the

northerly right-of-way line of a street (known as McCoy

Alley); thence, leaving said Project boundary and with

the northerly right-of-way of said street.

South 83°01′ West 38 feet to a point on the rightof-way line of said floodwall; thence, leaving the rightof-way of said street, and with the right-of-way of

said floodwall.

North 57°49′ West 180 feet.

South 79°30′ West 34 feet to a point of beginning,

containing 0.24 acre, more or less.

The bearings and coordinate used in this subparagraph

are referenced to the West Virginia State Plane Coordinate

System, South Zone.

(l) MCNARY NATIONAL WILDLIFE REFUGE.—

(1) TRANSFER OF ADMINISTRATIVE JURISDICTION.—Administrative jurisdiction over the McNary National Wildlife Refuge

is transferred from the Secretary to the Secretary of the

Interior.

(2) LAND EXCHANGE WITH THE PORT OF WALLA WALLA, WASHINGTON.—

(A) IN GENERAL.—Not later than 1 year after the date

of enactment of this Act, the Secretary of the Interior

may exchange approximately 188 acres of land located

south of Highway 12 and comprising a portion of the

McNary National Wildlife Refuge for approximately 122

acres of land owned by the Port of Walla Walla, Washington, and located at the confluence of the Snake River

and the Columbia River.

(B) TERMS AND CONDITIONS.—The land exchange under

subparagraph (A) shall be carried out in accordance with

such terms and conditions as the Secretary of the Interior

determines to be necessary to protect the interests of the

United States, including a requirement that the Port pay—

(i) reasonable administrative costs (not to exceed

$50,000) associated with the exchange; and

(ii) any excess (as determined by the Secretary

of the Interior) of the fair market value of the parcel

conveyed by the Secretary of the Interior over the

fair market value of the parcel conveyed by the Port.

(C) USE OF FUNDS.—The Secretary of the Interior may

retain any funds received under subparagraph (B)(ii) and,

without further Act of appropriation, may use the funds
S. 507—98

to acquire replacement habitat for the Mid-Columbia River

National Wildlife Refuge Complex.

(3) MANAGEMENT.—The McNary National Wildlife Refuge

and land conveyed by the Port of Walla Walla, Washington,

under paragraph (2) shall be managed in accordance with

applicable laws, including section 120(h) of the Comprehensive

Environmental Response, Compensation, and Liability Act of

1980 (42 U.S.C. 9620(h)) and the National Environmental Policy

Act of 1969 (42 U.S.C. 4321 et seq.).

SEC. 564. MCNARY POOL, WASHINGTON.

(a) EXTINGUISHMENT OF REVERSIONARY INTERESTS AND USE

RESTRICTIONS.—With respect to each deed listed in subsection (b)—

(1) the reversionary interests and the use restrictions

relating to port or industrial purposes are extinguished;

(2) the human habitation or other building structure use

restriction is extinguished in each area where the elevation

is above the standard project flood elevation; and

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

standard project flood elevation is authorized, except in any

low area constituting wetland for which a permit under section

404 of the Federal Water Pollution Control Act (33 U.S.C.

1344) would be required.

(b) AFFECTED DEEDS.—The deeds with the following county

auditor’s file numbers are referred to in subsection (a):

(1) Auditor’s File Numbers 521608 and 529071 of Benton

County, Washington.

(2) Auditor’s File Numbers 262980, 263334, 318437, and

404398 of Franklin County, Washington.

(3) Auditor’s File Numbers 411133, 447417, 447418,

462156, 563333, and 569593 of Walla Walla County, Washington.

(4) Auditor’s File Number 285215 of Umatilla County,

Oregon, executed by the United States.

(c) NO EFFECT ON OTHER RIGHTS.—Nothing in this section

affects the remaining rights and interests of the Corps of Engineers

for authorized project purposes.

SEC. 565. NAMINGS.

(a) FRANCIS BLAND FLOODWAY DITCH, ARKANSAS.— (1) DESIGNATION.—8-Mile Creek in Paragould, Arkansas,

shall be known and designated as the ‘‘Francis Bland Floodway

Ditch’’.

(2) LEGAL REFERENCE.—Any reference in a law, map, regulation, document, paper, or other record of the United States

to the creek referred to in paragraph (1) shall be deemed

to be a reference to the ‘‘Francis Bland Floodway Ditch’’.

(b) LAWRENCE BLACKWELL MEMORIAL BRIDGE, ARKANSAS.—

(1) DESIGNATION.—The bridge over lock and dam numbered

4 on the Arkansas River, Arkansas, constructed as part of

the project for navigation on the Arkansas River and tributaries, shall be known and designated as the ‘‘Lawrence

Blackwell Memorial Bridge’’.

(2) LEGAL REFERENCE.—Any reference in a law, map, regulation, document, paper, or other record of the United States

to the bridge referred to in paragraph (1) shall be deemed

to be a reference to the ‘‘Lawrence Blackwell Memorial Bridge’’.
S. 507—99

(c) JOHN H. CHAFEE NATIONAL WILDLIFE REFUGE.—Title II

of Public Law 100–610 (16 U.S.C. 668dd note; 102 Stat. 3176)

is amended—

(1) in the title heading, by striking ‘‘PETTAQUAMSCUTT

COVE’’ and inserting ‘‘JOHN H. CHAFEE’’;

(2) in section 201—

(A) in paragraph (3), by striking ‘‘and’’ at the end;

(B) in paragraph (4), by striking the period at the

end and inserting ‘‘; and’’; and

(C) by adding at the end the following:

‘‘(5) John H. Chafee has been a steadfast champion for

the conservation of fish, wildlife, and natural resources throughout a distinguished career of public service to the people of

Rhode Island and the United States.’’;

(3) in section 202, by striking ‘‘Pettaquamscutt Cove’’ and

inserting ‘‘John H. Chafee’’; and

(4) in section 203(1), by striking ‘‘Pettaquamscutt Cove’’

and inserting ‘‘John H. Chafee’’.

SEC. 566. FOLSOM DAM AND RESERVOIR ADDITIONAL STORAGE AND

ADDITIONAL FLOOD CONTROL STUDIES.

(a) FOLSOM FLOOD CONTROL STUDIES.—

(1) IN GENERAL.—The Secretary, in consultation with the

State of California and local water resources agencies, shall

undertake a study of increasing surcharge flood control storage

at the Folsom Dam and Reservoir.

(2) LIMITATIONS.—The study of the Folsom Dam and Reservoir undertaken under paragraph (1) shall assume that there

is to be no increase in conservation storage at the Folsom

Reservoir.

(3) REPORT.—Not later than March 1, 2000, the Secretary

shall transmit to Congress a report on the results of the study

under this subsection.

(b) AMERICAN AND SACRAMENTO RIVERS FLOOD CONTROL

STUDY.—

(1) IN GENERAL.—The Secretary shall undertake a study

of all levees on the American River and on the Sacramento

River downstream and immediately upstream of the confluence

of such Rivers to access opportunities to increase potential

flood protection through levee modifications.

(2) DEADLINE FOR COMPLETION.—Not later than March 1,

2000, the Secretary shall transmit to Congress a report on

the results of the study undertaken under this subsection.

SEC. 567. WALLOPS ISLAND, VIRGINIA.

(a) EMERGENCY ACTION.—The Secretary shall take emergency

action to protect Wallops Island, Virginia, from damaging coastal

storms, by improving and extending the existing seawall, replenishing and renourishing the beach, and constructing protective

dunes.

(b) REIMBURSEMENT.—The Secretary may seek reimbursement

from other Federal agencies whose resources are protected by the

emergency action taken under subsection (a).

(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated to carry out this section $8,000,000.
S. 507—100

SEC. 568. DETROIT RIVER, MICHIGAN.

(a) GREENWAY CORRIDOR STUDY.—The Secretary shall conduct

a study to determine the feasibility of a project for shoreline protection, frontal erosion, and associated purposes in the Detroit River

shoreline area from the Belle Isle Bridge to the Ambassador Bridge

in Detroit, Michigan.

(b) POTENTIAL MODIFICATIONS.—As part of the study, the Secretary shall review potential project modifications to any Corps

of Engineers project within the Detroit River shoreline area.

(c) REPAIR AND REHABILITATION.— (1) IN GENERAL.—The Secretary may repair and rehabilitate the seawalls on the Detroit River in Detroit, Michigan,

if the Secretary determines that such work is technically sound,

environmentally acceptable, and economically justified.

(2) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out paragraph (1) $1,000,000

for the period beginning with fiscal year 2000.

SEC. 569. NORTHEASTERN MINNESOTA.

(a) DEFINITION OF NORTHEASTERN MINNESOTA.—In this section,

the term ‘‘northeastern Minnesota’’ means the counties of Cook,

Lake, St. Louis, Koochiching, Itasca, Cass, Crow Wing, Aitkin,

Carlton, Pine, Kanabec, Mille Lacs, Morrison, Benton, Sherburne,

Isanti, and Chisago, Minnesota.

(b) ESTABLISHMENT OF PROGRAM.—The Secretary may establish

a pilot program to provide environmental assistance to non-Federal

interests in northeastern Minnesota.

(c) FORM OF ASSISTANCE.—Assistance under this section may

be in the form of design and construction assistance for waterrelated environmental infrastructure and resource protection and

development projects in northeastern Minnesota, including projects

for wastewater treatment and related facilities, water supply and

related facilities, environmental restoration, and surface water

resource protection and development.

(d) PUBLIC OWNERSHIP REQUIREMENT.—The Secretary may provide assistance for a project under this section only if the project

is publicly owned.

(e) LOCAL COOPERATION AGREEMENT.— (1) IN GENERAL.—Before providing assistance under this

section, the Secretary shall enter into a local cooperation agreement with a non-Federal interest to provide for design and

construction of the project to be carried out with the assistance.

(2) REQUIREMENTS.—Each local cooperation agreement

entered into under this subsection shall provide for the following:

(A) PLAN.—Development by the Secretary, in consultation with appropriate Federal and State officials, of a facilities or resource protection and development plan, including

appropriate engineering plans and specifications.

(B) LEGAL AND INSTITUTIONAL STRUCTURES.—Establishment of such legal and institutional structures as are necessary to ensure the effective long-term operation of the

project by the non-Federal interest.

(3) COST SHARING.—

(A) IN GENERAL.—The Federal share of project costs

under each local cooperation agreement entered into under

this subsection shall be 75 percent. The Federal share
S. 507—101

may be in the form of grants or reimbursements of project

costs.

(B) CREDIT FOR DESIGN WORK.—The non-Federal

interest shall receive credit for the reasonable costs of

design work completed by the non-Federal interest before

entering into a local cooperation agreement with the Secretary for a project. The credit for the design work shall

not exceed 6 percent of the total construction costs of

the project.

(C) CREDIT FOR INTEREST.—In case of a delay in the

funding of the non-Federal share of the costs of a project

that is the subject of an agreement under this section,

the non-Federal interest shall receive credit for reasonable

interest incurred in providing the non-Federal share of

the project’s costs.

(D) LAND, EASEMENTS, AND RIGHTS-OF-WAY CREDIT.—

The non-Federal interest shall receive credit for land, easements, rights-of-way, and relocations toward the non-Federal share of project costs (including all reasonable costs

associated with obtaining permits necessary for the

construction, operation, and maintenance of the project

on publicly owned or controlled land), but not to exceed

25 percent of total project costs.

(E) OPERATION AND MAINTENANCE.—The non-Federal

share of operation and maintenance costs for projects constructed with assistance provided under this section shall

be 100 percent.

(f) APPLICABILITY OF OTHER FEDERAL AND STATE LAWS.—

Nothing in this section waives, limits, or otherwise affects the

applicability of any provision of Federal or State law that would

otherwise apply to a project to be carried out with assistance

provided under this section.

(g) REPORT.—Not later than December 31, 2001, the Secretary

shall submit to Congress a report on the results of the pilot program

carried out under this section, including recommendations concerning whether the program should be implemented on a national

basis.

(h) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated to carry out this section $40,000,000 for the

period beginning with fiscal year 2000, to remain available until

expended.

SEC. 570. ALASKA.

(a) DEFINITION OF NATIVE CORPORATION.—In this section, the

term ‘‘Native Corporation’’ has the meaning given the term in

section 3 of the Alaska Native Claims Settlement Act (43 U.S.C.

1602).

(b) ESTABLISHMENT OF PROGRAM.—The Secretary may establish

a pilot program to provide environmental assistance to non-Federal

interests in Alaska.

(c) FORM OF ASSISTANCE.—Assistance under this section may

be in the form of design and construction assistance for waterrelated environmental infrastructure and resource protection and

development projects in Alaska, including projects for wastewater

treatment and related facilities, water supply and related facilities,

and surface water resource protection and development.
S. 507—102

(d) OWNERSHIP REQUIREMENTS.—The Secretary may provide

assistance for a project under this section only if the project is

publicly owned or is owned by a Native Corporation.

(e) LOCAL COOPERATION AGREEMENTS.—

(1) IN GENERAL.—Before providing assistance under this

section, the Secretary shall enter into a local cooperation agreement with a non-Federal interest to provide for design and

construction of the project to be carried out with the assistance.

(2) REQUIREMENTS.—Each local cooperation agreement

entered into under this subsection shall provide for the following:

(A) PLAN.—Development by the Secretary, in consultation with appropriate Federal and State officials, of a facilities or resource protection and development plan, including

appropriate engineering plans and specifications.

(B) LEGAL AND INSTITUTIONAL STRUCTURES.—Establishment of such legal and institutional structures as are necessary to ensure the effective long-term operation of the

project by the non-Federal interest.

(3) COST SHARING.—

(A) IN GENERAL.—The Federal share of the project

costs under each local cooperation agreement entered into

under this subsection shall be 75 percent. The Federal

share may be in the form of grants or reimbursements

of project costs.

(B) CREDIT FOR DESIGN WORK.—The non-Federal

interest shall receive credit for the reasonable costs of

design work completed by the non-Federal interest before

entering into a local cooperation agreement with the Secretary for a project. The credit for the design work shall

not exceed 6 percent of the total construction costs of

the project.

(C) CREDIT FOR INTEREST.—In case of a delay in the

funding of the non-Federal share of a project that is the

subject of an agreement under this section, the non-Federal

interest shall receive credit for reasonable interest incurred

in providing the non-Federal share of the project’s costs.

(D) LAND, EASEMENTS, AND RIGHTS-OF-WAY CREDIT.—

The non-Federal interest shall receive credit for land, easements, rights-of-way, and relocations toward the non-Federal share of project costs (including all reasonable costs

associated with obtaining permits necessary for the

construction, operation, and maintenance of the project

on publicly owned or controlled land), but not to exceed

25 percent of total project costs.

(E) OPERATION AND MAINTENANCE.—The non-Federal

share of operation and maintenance costs for projects constructed with assistance provided under this section shall

be 100 percent.

(f) APPLICABILITY OF OTHER FEDERAL AND STATE LAWS.—

Nothing in this section waives, limits, or otherwise affects the

applicability of any provision of Federal or State law that would

otherwise apply to a project to be carried out with assistance

provided under this section.

(g) REPORT.—Not later than December 31, 2001, the Secretary

shall submit to Congress a report on the results of the pilot program
S. 507—103

carried out under this section, including a recommendation concerning whether the program should be implemented on a national

basis.

(h) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated to carry out this section $25,000,000 for the

period beginning with fiscal year 2000, to remain available until

expended.

SEC. 571. CENTRAL WEST VIRGINIA.

(a) DEFINITION OF CENTRAL WEST VIRGINIA.—In this section,

the term ‘‘central West Virginia’’ means the counties of Mason,

Jackson, Putnam, Kanawha, Roane, Wirt, Calhoun, Clay, Nicholas,

Braxton, Gilmer, Lewis, Upshur, Randolph, Pendleton, Hardy,

Hampshire, Morgan, Berkeley, and Jefferson, West Virginia.

(b) ESTABLISHMENT OF PROGRAM.—The Secretary may establish

a pilot program to provide environmental assistance to non-Federal

interests in central West Virginia.

(c) FORM OF ASSISTANCE.—Assistance under this section may

be in the form of design and construction assistance for waterrelated environmental infrastructure and resource protection and

development projects in central West Virginia, including projects

for wastewater treatment and related facilities, water supply and

related facilities, and surface water resource protection and development.

(d) PUBLIC OWNERSHIP REQUIREMENT.—The Secretary may provide assistance for a project under this section only if the project

is publicly owned.

(e) LOCAL COOPERATION AGREEMENTS.—

(1) IN GENERAL.—Before providing assistance under this

section, the Secretary shall enter into a local cooperation agreement with a non-Federal interest to provide for design and

construction of the project to be carried out with the assistance.

(2) REQUIREMENTS.—Each local cooperation agreement

entered into under this subsection shall provide for the following:

(A) PLAN.—Development by the Secretary, in consultation with appropriate Federal and State officials, of a facilities or resource protection and development plan, including

appropriate engineering plans and specifications.

(B) LEGAL AND INSTITUTIONAL STRUCTURES.—Establishment of such legal and institutional structures as are necessary to ensure the effective long-term operation of the

project by the non-Federal interest.

(3) COST SHARING.—

(A) IN GENERAL.—The Federal share of the project

costs under each local cooperation agreement entered into

under this subsection shall be 75 percent. The Federal

share may be in the form of grants or reimbursements

of project costs.

(B) CREDIT FOR DESIGN WORK.—The non-Federal

interest shall receive credit for the reasonable costs of

design work completed by the non-Federal interest before

entering into a local cooperation agreement with the Secretary for a project. The credit for the design work shall

not exceed 6 percent of the total construction costs of

the project.
S. 507—104

(C) CREDIT FOR INTEREST.—In case of a delay in the

funding of the non-Federal share of a project that is the

subject of an agreement under this section, the non-Federal

interest shall receive credit for reasonable interest incurred

in providing the non-Federal share of the project’s costs.

(D) LAND, EASEMENTS, AND RIGHTS-OF-WAY CREDIT.—

The non-Federal interest shall receive credit for land, easements, rights-of-way, and relocations toward the non-Federal share of project costs (including all reasonable costs

associated with obtaining permits necessary for the

construction, operation, and maintenance of the project

on publicly owned or controlled land), but not to exceed

25 percent of total project costs.

(E) OPERATION AND MAINTENANCE.—The non-Federal

share of operation and maintenance costs for projects constructed with assistance provided under this section shall

be 100 percent.

(f) APPLICABILITY OF OTHER FEDERAL AND STATE LAWS.—

Nothing in this section waives, limits, or otherwise affects the

applicability of any provision of Federal or State law that would

otherwise apply to a project to be carried out with assistance

provided under this section.

(g) REPORT.—Not later than December 31, 2001, the Secretary

shall submit to Congress a report on the results of the pilot program

carried out under this section, including a recommendation concerning whether the program should be implemented on a national

basis.

(h) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated to carry out this section $10,000,000 for the

period beginning with fiscal year 2000, to remain available until

expended.

SEC. 572. SACRAMENTO METROPOLITAN AREA WATERSHED RESTORATION, CALIFORNIA.

(a) LIMITATION.—The Secretary may undertake studies to determine the extent of ground water contamination and the feasibility

of prevention and cleanup of such contamination resulting from

the acts of a Federal department or agency—

(1) at or in the vicinity of McClellan Air Force Base, Mather

Air Force Base, or Sacramento Army Depot, California; or

(2) at any place in the Sacramento metropolitan area watershed where the Federal Government would be a responsible

party under any Federal environmental law.

(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated to carry out this section $1,000,000 for the

period beginning with fiscal year 2000.

SEC. 573. ONONDAGA LAKE, NEW YORK.

(a) IN GENERAL.—The Secretary shall—

(1) plan, design, and construct projects that are consistent

with the Onondaga Lake Management Plan and comply with

the amended consent judgment and the project labor agreement

for the environmental restoration, conservation, and management of Onondaga Lake, New York; and

(2) provide, in coordination with the Administrator of the

Environmental Protection Agency, financial assistance,
S. 507—105

including grants to the State of New York and political subdivisions of the State, for the development and implementation

of projects to restore, conserve, and manage the lake.

(b) PARTNERSHIP.—

(1) IN GENERAL.—In carrying out this section, the Secretary

shall establish and lead a partnership with appropriate Federal

agencies (including the Environmental Protection Agency) and

the State of New York and political subdivisions of the State

for the purpose of development and implementation of the

projects.

(2) COORDINATION WITH ACTIONS UNDER OTHER LAW.—

(A) IN GENERAL.—The partnership shall coordinate the

actions taken under this section with actions to restore

and conserve Onondaga Lake taken under other provisions

of Federal or State law.

(B) NO EFFECT ON OTHER LAW.—Except as provided

in subsection (g), this section does not alter, modify, or

affect any other provision of Federal or State law.

(3) TERMINATION.—Unless the Secretary and the Governor

of the State of New York agree otherwise, the partnership

established under this subsection shall terminate not later than

the date that is 15 years after the date of enactment of this

Act.

(c) REVISIONS TO THE ONONDAGA LAKE MANAGEMENT PLAN.—

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

established under subsection (b) and after providing for public

review and comment, the Secretary and the Administrator of

the Environmental Protection Agency shall approve revisions

to the Onondaga Lake Management Plan if the Governor of

the State of New York concurs in the approval.

(2) NO EFFECT ON MODIFICATION OF AMENDED CONSENT

JUDGMENT.—Paragraph (1) has no effect on the conditions

under which the amended consent judgment referred to in

subsection (a)(1) may be modified.

(d) COST SHARING.—

(1) NON-FEDERAL SHARE.—The non-Federal share of the

cost of a project constructed under subsection (a) shall be not

less than 30 percent of the total cost of the project and may

be provided through the provision of in-kind services.

(2) ADMINISTRATION AND MANAGEMENT.—The Secretary’s

administration and management of the project shall be at full

Federal expense.

(e) NO EFFECT ON LIABILITY.—The provision of financial assistance under this section shall not relieve from liability any person

that would otherwise be liable under Federal or State law for

damages, response costs, natural resource damages, restitution,

equitable relief, or any other relief.

(f) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated to carry out this section $10,000,000.

(g) REPEAL.—Title IV of the Great Lakes Critical Programs

Act of 1990 (104 Stat. 3010) and section 411 of the Water Resources

Development Act of 1990 (104 Stat. 4648) are repealed effective

on the date that is 1 year after the date of enactment of this

Act.
S. 507—106

SEC. 574. EAST LYNN LAKE, WEST VIRGINIA.

The Secretary shall defer any decision relating to the leasing

of mineral resources underlying East Lynn Lake, West Virginia,

project lands to the Federal entity vested with such leasing

authority.

SEC. 575. EEL RIVER, CALIFORNIA.

(a) IN GENERAL.—The Secretary shall conduct a study to determine whether flooding in the city of Ferndale, California, is the

result of the Federal flood control project on the Eel River.

(b) MITIGATION MEASURES.—If the Secretary determines that

the flooding is the result of the project, the Secretary shall take

appropriate measures (including dredging of the Salt River and

construction of sediment ponds at the confluence of Francis, Reas,

and Williams Creeks) to mitigate the flooding.

SEC. 576. NORTH LITTLE ROCK, ARKANSAS.

The Secretary—

(1) shall review a report prepared by the non-Federal

interest concerning flood protection for the Dark Hollow area

of North Little Rock, Arkansas; and

(2) if the Secretary determines that the report meets the

evaluation and design standards of the Corps of Engineers

and that the project is economically justified, technically sound,

and environmentally acceptable, may carry out the project.

SEC. 577. UPPER MISSISSIPPI RIVER, MISSISSIPPI PLACE, ST. PAUL,

MINNESOTA.

(a) IN GENERAL.—The Secretary may enter into a cooperative

agreement to participate in a project for the planning, design,

and construction of infrastructure and other improvements at Mississippi Place, St. Paul, Minnesota.

(b) COST SHARING.—

(1) IN GENERAL.—The Federal share of the cost of the

project shall be 50 percent. The Federal share may be provided

in the form of grants or reimbursements of project costs.

(2) CREDIT FOR NON-FEDERAL WORK.—The non-Federal

interest shall receive credit toward the non-Federal share of

the cost of the project for reasonable costs incurred by the

non-Federal interest as a result of participation in the planning,

design, and construction of the project.

(3) LAND, EASEMENTS, AND RIGHTS-OF-WAY CREDIT.—The

non-Federal interest shall receive credit toward the non-Federal

share of the cost of the project for land, easements, rightsof-way, and relocations provided by the non-Federal interest

with respect to the project.

(4) OPERATION AND MAINTENANCE.—The non-Federal share

of operation and maintenance costs for the project shall be

100 percent.

(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated $3,000,000 to carry out this section.

SEC. 578. DREDGING OF SALT PONDS IN THE STATE OF RHODE ISLAND.

The Secretary may acquire for the State of Rhode Island a

dredge and associated equipment with the capacity to dredge

approximately 100 cubic yards per hour for use by the State in

dredging salt ponds in the State.
S. 507—107

SEC. 579. UPPER SUSQUEHANNA RIVER BASIN, PENNSYLVANIA AND

NEW YORK.

Section 567(a) of the Water Resources Development Act of

1996 (110 Stat. 3787) is amended by adding at the end the following:

‘‘(3) The Chemung River watershed, New York, at an esti- mated Federal cost of $5,000,000.’’.

SEC. 580. CUMBERLAND, MARYLAND, FLOOD PROJECT MITIGATION.

(a) IN GENERAL.—The project for flood control and other purposes, Cumberland, Maryland, authorized by section 5 of the Act

of June 22, 1936 (commonly known as the ‘‘Flood Control Act

of 1936’’) (49 Stat. 1574, chapter 688), is modified to authorize

the Secretary to undertake, as a separate part of the project, restoration of the historic Chesapeake and Ohio Canal substantially

in accordance with the Chesapeake and Ohio Canal National Historic Park, Cumberland, Maryland, Rewatering Design Analysis,

dated February 1998, at a total cost of $15,000,000, with an estimated Federal cost of $9,750,000 and an estimated non-Federal

cost of $5,250,000.

(b) IN-KIND SERVICES.—The non-Federal interest for the restoration project under subsection (a)—

(1) may provide all or a portion of the non-Federal share

of project costs in the form of in-kind services; and

(2) shall receive credit toward the non-Federal share of

project costs for design and construction work performed by

the non-Federal interest before execution of a project cooperation agreement and for land, easements, and rights-of-way

required for the restoration and acquired by the non-Federal

interest before execution of such an agreement.

(c) OPERATION AND MAINTENANCE.—The operation and maintenance of the restoration project under subsection (a) shall be the

full responsibility of the National Park Service.

SEC. 581. CITY OF MIAMI BEACH, FLORIDA.

Section 5(b)(3)(C)(i) of the Act of August 13, 1946 (33 U.S.C.

426h), is amended by inserting before the semicolon the following:

‘‘, including the city of Miami Beach, Florida’’.

SEC. 582. RESEARCH AND DEVELOPMENT PROGRAM FOR COLUMBIA

AND SNAKE RIVERS SALMON SURVIVAL.

Section 511 of the Water Resources Development Act of 1996

(16 U.S.C. 3301 note; Public Law 104–303) is amended by striking

subsection (a) and all that follows and inserting the following:

‘‘(a) SALMON SURVIVAL ACTIVITIES.— ‘‘(1) IN GENERAL.—In conjunction with the Secretary of

Commerce and the Secretary of the Interior, the Secretary

shall accelerate ongoing research and development activities,

and may carry out or participate in additional research and

development activities, for the purpose of developing innovative

methods and technologies for improving the survival of salmon,

especially salmon in the Columbia/Snake River Basin.

‘‘(2) ACCELERATED ACTIVITIES.—Accelerated research and

development activities referred to in paragraph (1) may include

research and development related to—

‘‘(A) impacts from water resources projects and other

impacts on salmon life cycles;

‘‘(B) juvenile and adult salmon passage;

‘‘(C) light and sound guidance systems;
S. 507—108

‘‘(D) surface-oriented collector systems;

‘‘(E) transportation mechanisms; and

‘‘(F) dissolved gas monitoring and abatement.

‘‘(3) ADDITIONAL ACTIVITIES.—Additional research and

development activities referred to in paragraph (1) may include

research and development related to—

‘‘(A) studies of juvenile salmon survival in spawning

and rearing areas;

‘‘(B) estuary and near-ocean juvenile and adult salmon

survival;

‘‘(C) impacts on salmon life cycles from sources other

than water resources projects;

‘‘(D) cryopreservation of fish gametes and formation

of a germ plasma repository for threatened and endangered

populations of native fish; and

‘‘(E) other innovative technologies and actions intended

to improve fish survival, including the survival of resident

fish.

‘‘(4) COORDINATION.—The Secretary shall coordinate any

activities carried out under this subsection with appropriate

Federal, State, and local agencies, affected Indian tribes, and

the Northwest Power Planning Council.

‘‘(5) REPORT.—Not later than 3 years after the date of

enactment of the Water Resources Development Act of 1999,

the Secretary shall submit to Congress a report on the research

and development activities carried out under this subsection,

including any recommendations of the Secretary concerning

the research and development activities.

‘‘(6) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated $10,000,000 to carry out research and

development activities under paragraph (3).

‘‘(b) ADVANCED TURBINE DEVELOPMENT.—

‘‘(1) IN GENERAL.—In conjunction with the Secretary of

Energy, the Secretary shall accelerate efforts toward developing

and installing in Corps of Engineers-operated dams innovative,

efficient, and environmentally safe hydropower turbines,

including design of fish-friendly turbines, for use on the

Columbia/Snake River hydrosystem.

‘‘(2) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated $35,000,000 to carry out this subsection.

‘‘(c) MANAGEMENT OF PREDATION ON COLUMBIA/SNAKE RIVER

SYSTEM NATIVE FISHES.—

‘‘(1) NESTING AVIAN PREDATORS.—In conjunction with the

Secretary of Commerce and the Secretary of the Interior, and

consistent with a management plan to be developed by the

United States Fish and Wildlife Service, the Secretary shall

carry out methods to reduce nesting populations of avian predators on dredge spoil islands in the Columbia River under the

jurisdiction of the Secretary.

‘‘(2) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated $1,000,000 to carry out research and

development activities under this subsection.

‘‘(d) IMPLEMENTATION.—Nothing in this section affects the

authority of the Secretary to implement the results of the research

and development carried out under this section or any other law.’’.
S. 507—109

SEC. 583. LARKSPUR FERRY CHANNEL, CALIFORNIA.

The Secretary shall work with the Secretary of Transportation

on a proposed solution to carry out the project to maintain the

Larkspur Ferry Channel, Larkspur, California, authorized by section 601(d) of the Water Resources Development Act of 1986 (100

Stat. 4148).

SEC. 584. HOLES CREEK FLOOD CONTROL PROJECT, OHIO.

(a) IN GENERAL.—Notwithstanding any other provision of law,

the non-Federal share of project costs for the project for flood

control, Holes Creek, Ohio, shall not exceed the sum of—

(1) the total amount projected as the non-Federal share

as of September 30, 1996, in the Project Cooperation Agreement

executed on that date; and

(2) 100 percent of the amount of any increases in the

cost of the locally preferred plan over the cost estimated in

the Project Cooperation Agreement.

(b) REIMBURSEMENT.—The Secretary shall reimburse the nonFederal interest any amount paid by the non-Federal interest in

excess of the non-Federal share.

SEC. 585. SAN JACINTO DISPOSAL AREA, GALVESTON, TEXAS.

Section 108 of the Energy and Water Development Appropriations Act, 1994 (107 Stat. 1320), is amended—

(1) in the first sentence of subsection (a), by inserting

‘‘all or any part of’’ after ‘‘absolute title to’’;

(2) by striking subsection (b) and inserting the following:

‘‘(b) COMPENSATION FOR CONVEYANCE.—

‘‘(1) IN GENERAL.—Upon receipt of compensation from the

city of Galveston, the Secretary shall convey the parcel, or

any part of the parcel, as described in subsection (a).

‘‘(2) FULL PARCEL.—If the full 605-acre parcel is conveyed,

the compensation shall be—

‘‘(A) conveyance to the Department of the Army of

fee simple absolute title to a parcel of land containing

approximately 564 acres on Pelican Island, Texas, in the

Eneas Smith Survey, A–190, Pelican Island, city of Galveston, Galveston County, Texas, adjacent to property currently owned by the United States, with the fair market

value of the parcel being determined in accordance with

subsection (d); and

‘‘(B) payment to the United States of an amount equal

to the difference between the fair market value of the

parcel to be conveyed under subsection (a) and the fair

market value of the parcel to be conveyed under subparagraph (A).

‘‘(3) PARTIAL PARCEL.—If the conveyance is 125 acres or

less, compensation shall be an amount equal to the fair market

value of the parcel to be conveyed, with the fair market value

of the parcel being determined in accordance with subsection

(d).’’; and

(3) in the second sentence of subsection (c)—

(A) by inserting ‘‘, or any part of the parcel,’’ after

‘‘parcel’’; and

(B) by inserting ‘‘, if any,’’ after ‘‘LCA’’.
S. 507—110

SEC. 586. WATER MONITORING STATION.

Section 584(b) of the Water Resources Development Act of

1996 (110 Stat. 3791) is amended by striking ‘‘$50,000’’ and

inserting ‘‘$100,000’’.

SEC. 587. OVERFLOW MANAGEMENT FACILITY, RHODE ISLAND.

Section 585 of the Water Resources Development Act of 1996

(110 Stat. 3791) is amended—

(1) in subsection (a), by striking ‘‘river’’ and inserting

‘‘sewer’’; and

(2) in subsection (b), by striking ‘‘$30,000,000’’ and inserting

‘‘$60,000,000’’.

SEC. 588. LOWER CHENA RIVER, ALASKA.

The Secretary may expend up to $500,000 in fiscal year 2000

to complete the dredging project initiated on the Lower Chena

River, Alaska.

SEC. 589. NUMANA DAM FISH PASSAGE, NEVADA.

After the date of enactment of this Act, the Secretary shall

complete planning, design, and construction of the Numana Dam

Fish Passage Project, currently being evaluated under section 1135

of the Water Resources Development Act of 1986 (33 U.S.C. 2309a),

under section 906(b) of that Act (33 U.S.C. 2283(b)).

SEC. 590. EMBREY DAM, VIRGINIA.

(a) IN GENERAL.—The Secretary shall remove the Embrey Dam

on the Rappahannock River at Fredericksburg, Virginia, at full

Federal expense.

(b) USE OF EXISTING STUDIES.—The Secretary shall expedite

the feasibility study and preconstruction, engineering, and design

of the project by using, to the maximum extent practicable, existing

studies prepared by the State and non-Federal interests.

(c) AUTHORIZATION.—There is authorized to be appropriated

to carry out this section $10,000,000.

SEC. 591. ENVIRONMENTAL REMEDIATION, FRONT ROYAL, VIRGINIA.

(a) PARTICIPATION OF SECRETARY.—

(1) AUTHORIZATION.—The Secretary shall participate with

other Federal departments and agencies in environmental restoration and remediation activities (including the demolition

of contaminated buildings) at the Avtex Fibers facility in Front

Royal, Virginia, at full Federal expense.

(2) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this section $12,000,000.

(b) PARTICIPATION OF SECRETARY OF DEFENSE.—

(1) REQUIREMENT.—The Secretary of Defense shall make

available $5,000,000 for environmental restoration and remediation activities (including the demolition of contaminated

buildings) at the Avtex Fibers facility in Front Royal, Virginia.

(2) SOURCE OF FUNDS.—The amount made available under

paragraph (1) shall be derived from amounts in the Environmental Restoration Account, Formerly Used Defense Sites,

established by section 2703 of title 10, United States Code.
S. 507—111

SEC. 592. MISSISSIPPI.

(a) ESTABLISHMENT OF PROGRAM.—The Secretary may establish

a pilot program to provide environmental assistance to non-Federal

interests in Mississippi.

(b) FORM OF ASSISTANCE.—Assistance under this section may

be in the form of design and construction assistance for waterrelated environmental infrastructure and resource protection and

development projects in Mississippi, including projects for wastewater treatment and related facilities, elimination or control of

combined sewer overflows, water supply and related facilities,

environmental restoration, and surface water resource protection

and development.

(c) PUBLIC OWNERSHIP REQUIREMENT.—The Secretary may provide assistance for a project under this section only if the project

is publicly owned.

(d) LOCAL COOPERATION AGREEMENT.—

(1) IN GENERAL.—Before providing assistance under this

section, the Secretary shall enter into a local cooperation agreement with a non-Federal interest to provide for design and

construction of the project to be carried out with the assistance.

(2) REQUIREMENTS.—Each local cooperation agreement

entered into under this subsection shall provide for the following:

(A) PLAN.—Development by the Secretary, in consultation with appropriate Federal and State officials, of a facilities or resource protection and development plan, including

appropriate engineering plans and specifications.

(B) LEGAL AND INSTITUTIONAL STRUCTURES.—Establishment of such legal and institutional structures as are necessary to ensure the effective long-term operation of the

project by the non-Federal interest.

(3) COST SHARING.—

(A) IN GENERAL.—The Federal share of project costs

under each local cooperation agreement entered into under

this subsection shall be 75 percent. The Federal share

may be in the form of grants or reimbursements of project

costs.

(B) CREDIT FOR DESIGN WORK.—The non-Federal

interest shall receive credit for the reasonable costs of

design work completed by the non-Federal interest before

entering into a local cooperation agreement with the Secretary for a project. The credit for the design work shall

not exceed 6 percent of the total construction costs of

the project.

(C) CREDIT FOR INTEREST.—In case of a delay in the

funding of the non-Federal share of the costs of a project

that is the subject of an agreement under this section,

the non-Federal interest shall receive credit for reasonable

interest incurred in providing the non-Federal share of

the project’s costs.

(D) LAND, EASEMENTS, AND RIGHTS-OF-WAY CREDIT.—

The non-Federal interest shall receive credit for land, easements, rights-of-way, and relocations toward the non-Federal share of project costs (including all reasonable costs

associated with obtaining permits necessary for the

construction, operation, and maintenance of the project
S. 507—112

on publicly owned or controlled land), but not to exceed

25 percent of total project costs.

(E) OPERATION AND MAINTENANCE.—The non-Federal

share of operation and maintenance costs for projects constructed with assistance provided under this section shall

be 100 percent.

(e) APPLICABILITY OF OTHER FEDERAL AND STATE LAWS.—

Nothing in this section waives, limits, or otherwise affects the

applicability of any provision of Federal or State law that would

otherwise apply to a project to be carried out with assistance

provided under this section.

(f) REPORT.—Not later than December 31, 2001, the Secretary

shall submit to Congress a report on the results of the pilot program

carried out under this section, including recommendations concerning whether the program should be implemented on a national

basis.

(g) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated to carry out this section $25,000,000 for the

period beginning with fiscal year 2000, to remain available until

expended.

SEC. 593. CENTRAL NEW MEXICO.

(a) DEFINITION OF CENTRAL NEW MEXICO.—In this section,

the term ‘‘central New Mexico’’ means the counties of Bernalillo,

Sandoval, and Valencia, New Mexico.

(b) ESTABLISHMENT OF PROGRAM.—The Secretary may establish

a pilot program to provide environmental assistance to non-Federal

interests in central New Mexico.

(c) FORM OF ASSISTANCE.—Assistance under this section may

be in the form of design and construction assistance for waterrelated environmental infrastructure and resource protection and

development projects in central New Mexico, including projects

for wastewater treatment and related facilities, water supply, conservation, and related facilities, stormwater retention and remediation, environmental restoration, and surface water resource protection and development.

(d) PUBLIC OWNERSHIP REQUIREMENT.—The Secretary may provide assistance for a project under this section only if the project

is publicly owned.

(e) LOCAL COOPERATION AGREEMENT.—

(1) IN GENERAL.—Before providing assistance under this

section, the Secretary shall enter into a local cooperation agreement with a non-Federal interest to provide for design and

construction of the project to be carried out with the assistance.

(2) REQUIREMENTS.—Each local cooperation agreement

entered into under this subsection shall provide for the following:

(A) PLAN.—Development by the Secretary, in consultation with appropriate Federal and State officials, of a facilities or resource protection and development plan, including

appropriate engineering plans and specifications.

(B) LEGAL AND INSTITUTIONAL STRUCTURES.—Establishment of such legal and institutional structures as are necessary to ensure the effective long-term operation of the

project by the non-Federal interest.

(3) COST SHARING.—
S. 507—113

(A) IN GENERAL.—The Federal share of project costs

under each local cooperation agreement entered into under

this subsection shall be 75 percent. The Federal share

may be in the form of grants or reimbursements of project

costs.

(B) CREDIT FOR DESIGN WORK.—The non-Federal

interest shall receive credit for the reasonable costs of

design work completed by the non-Federal interest before

entering into a local cooperation agreement with the Secretary for a project. The credit for the design work shall

not exceed 6 percent of the total construction costs of

the project.

(C) CREDIT FOR INTEREST.—In case of a delay in the

funding of the non-Federal share of the costs of a project

that is the subject of an agreement under this section,

the non-Federal interest shall receive credit for reasonable

interest incurred in providing the non-Federal share of

the project’s costs.

(D) LAND, EASEMENTS, AND RIGHTS-OF-WAY CREDIT.—

The non-Federal interest shall receive credit for land, easements, rights-of-way, and relocations toward the non-Federal share of project costs (including all reasonable costs

associated with obtaining permits necessary for the

construction, operation, and maintenance of the project

on publicly owned or controlled land), but not to exceed

25 percent of total project costs.

(E) OPERATION AND MAINTENANCE.—The non-Federal

share of operation and maintenance costs for projects constructed with assistance provided under this section shall

be 100 percent.

(f) APPLICABILITY OF OTHER FEDERAL AND STATE LAWS.— Nothing in this section waives, limits, or otherwise affects the

applicability of any provision of Federal or State law that would

otherwise apply to a project to be carried out with assistance

provided under this section.

(g) REPORT.—Not later than December 31, 2001, the Secretary

shall submit to Congress a report on the results of the pilot program

carried out under this section, including recommendations concerning whether the program should be implemented on a national

basis.

(h) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated to carry out this section $25,000,000 for the

period beginning with fiscal year 2000, to remain available until

expended.

SEC. 594. OHIO.

(a) ESTABLISHMENT OF PROGRAM.—The Secretary shall establish a program to provide environmental assistance to non-Federal

interests in Ohio.

(b) FORM OF ASSISTANCE.—Assistance under this section may

be in the form of design and construction assistance for waterrelated environmental infrastructure and resource protection and

development projects in Ohio, including projects for—

(1) wastewater treatment and related facilities;

(2) combined sewer overflow, water supply, storage, treatment, and related facilities;

(3) mine drainage;
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(4) environmental restoration; and

(5) surface water resource protection and development.

(c) PUBLIC OWNERSHIP REQUIREMENT.—The Secretary may provide assistance for a project under this section only if the project

is publicly owned.

(d) PROJECT COOPERATION AGREEMENTS.—

(1) IN GENERAL.—Before providing assistance under this

section, the Secretary shall enter into a project cooperation

agreement with a non-Federal interest to provide for design

and construction of the project to be carried out with the

assistance.

(2) REQUIREMENTS.—Each project cooperation agreement

entered into under this subsection shall provide for the following:

(A) PLAN.—Development by the Secretary, in consultation with appropriate Federal and State officials, of a facilities development plan or resource protection plan, including

appropriate plans and specifications.

(B) LEGAL AND INSTITUTIONAL STRUCTURES.—Establishment of such legal and institutional structures as are necessary to ensure the effective long-term operation of the

project by the non-Federal interest.

(3) COST SHARING.—

(A) IN GENERAL.—The Federal share of project costs

under each project cooperation agreement entered into

under this subsection shall be 75 percent. The Federal

share may be in the form of grants or reimbursements

of project costs.

(B) CREDIT FOR DESIGN WORK.—The non-Federal

interest shall receive credit for the reasonable costs of

design work completed by the non-Federal interest before

entering into a project cooperation agreement with the

Secretary.

(C) CREDIT FOR CERTAIN FINANCING COSTS.—In case

of a delay in the reimbursement of the non-Federal share

of the costs of a project, the non-Federal interest shall

receive credit for reasonable interest and other associated

financing costs necessary for the non-Federal interest to

provide the non-Federal share of the project costs.

(D) LAND, EASEMENTS, RIGHTS-OF-WAY, AND RELOCATIONS.—The non-Federal interest shall receive credit for

land, easements, rights-of-way, and relocations provided

by the non-Federal interest toward the non-Federal share

of project costs (including costs associated with obtaining

permits necessary for the placement of the project on publicly owned or controlled land), but not to exceed 25 percent

of total project costs.

(E) OPERATION AND MAINTENANCE.—The non-Federal

share of operation and maintenance costs for projects constructed under an agreement entered into under this subsection shall be 100 percent.

(e) APPLICABILITY OF OTHER FEDERAL AND STATE LAWS.—

Nothing in this section waives, limits, or otherwise affects the

applicability of any provision of Federal or State law that would

otherwise apply to a project to be carried out with assistance

provided under this section.
S. 507—115

(f) REPORT.—Not later than December 31, 2001, the Secretary

shall submit to Congress a report on the results of the program

carried out under this section, including recommendations concerning whether the program should be implemented on a national

basis.

(g) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated to carry out this section $60,000,000.

SEC. 595. RURAL NEVADA AND MONTANA.

(a) DEFINITION OF RURAL NEVADA.—In this section, the term

‘‘rural Nevada’’ means—

(1) the counties of Lincoln, White Pine, Nye, Eureka, Elko,

Humboldt, Pershing, Churchill, Storey, Lyon, Carson, Douglas,

Mineral, Esmeralda, and Lander, Nevada;

(2) the portions of Washoe County, Nevada, that are located

outside the cities of Reno and Sparks; and

(3) the portions of Clark County, Nevada, that are located

outside the cities of Las Vegas, North Las Vegas, and Henderson and the unincorporated portion of the county in the Las

Vegas Valley.

(b) ESTABLISHMENT OF PROGRAM.—The Secretary may establish

a program for providing environmental assistance to non-Federal

interests in rural Nevada and Montana.

(c) FORM OF ASSISTANCE.—Assistance under this section may

be in the form of design and construction assistance for waterrelated environmental infrastructure and resource protection and

development projects in rural Nevada and Montana, including

projects for—

(1) wastewater treatment and related facilities;

(2) water supply and related facilities;

(3) environmental restoration; and

(4) surface water resource protection and development.

(d) PUBLIC OWNERSHIP REQUIREMENT.—The Secretary may provide assistance for a project under this section only if the project

is publicly owned.

(e) LOCAL COOPERATION AGREEMENT.— (1) IN GENERAL.—Before providing assistance under this

section, the Secretary shall enter into a local cooperation agreement with a non-Federal interest to provide for design and

construction of the project to be carried out with the assistance.

(2) REQUIREMENTS.—Each local cooperation agreement

entered into under this subsection shall provide for the following:

(A) PLAN.—Development by the Secretary, in consultation with appropriate Federal and State officials, of a facilities or resource protection and development plan, including

appropriate engineering plans and specifications.

(B) LEGAL AND INSTITUTIONAL STRUCTURES.—Establishment of such legal and institutional structures as are necessary to ensure the effective long-term operation of the

project by the non-Federal interest.

(3) COST SHARING.—

(A) IN GENERAL.—The Federal share of project costs

under each local cooperation agreement entered into under

this subsection shall be 75 percent. The Federal share

may be in the form of grants or reimbursements of project

costs.
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(B) CREDIT FOR DESIGN WORK.—The non-Federal

interest shall receive credit for the reasonable costs of

design work completed by the non-Federal interest before

entering into a local cooperation agreement with the Secretary for a project.

(C) CREDIT FOR INTEREST.—In case of a delay in the

funding of the non-Federal share of the costs of a project

that is the subject of an agreement under this section,

the non-Federal interest shall receive credit for reasonable

interest incurred in providing the non-Federal share of

the project costs.

(D) LAND, EASEMENTS, RIGHTS-OF-WAY, AND RELOCATIONS.—The non-Federal interest shall receive credit for

land, easements, rights-of-way, and relocations provided

by the non-Federal interest toward the non-Federal share

of project costs (including all reasonable costs associated

with obtaining permits necessary for the construction, operation, and maintenance of the project on publicly owned

or controlled land), but not to exceed 25 percent of total

project costs.

(E) OPERATION AND MAINTENANCE.—The non-Federal

share of operation and maintenance costs for projects constructed with assistance provided under this section shall

be 100 percent.

(f) APPLICABILITY OF OTHER FEDERAL AND STATE LAWS.—

Nothing in this section waives, limits, or otherwise affects the

applicability of any provision of Federal or State law that would

otherwise apply to a project to be carried out with assistance

provided under this section.

(g) REPORT.—Not later than December 31, 2001, the Secretary

shall submit to Congress a report on the results of the program

carried out under this section, including recommendations concerning whether the program should be implemented on a national

basis.

(h) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated to carry out this section for the period beginning

with fiscal year 2001—

(1) $25,000,000 for rural Nevada; and

(2) $25,000,000 for Montana;

to remain available until expended.

SEC. 596. PHOENIX, ARIZONA.

Section 1608 of the Reclamation Wastewater and Groundwater

Study and Facilities Act (43 U.S.C. 390h–6) is amended—

(1) by striking subsection (a) and inserting the following:

‘‘(a) The Secretary, in cooperation with the city of Phoenix,

Arizona, shall participate in the planning, design, and construction

of the Phoenix Metropolitan Water Reclamation and Reuse Project

to utilize fully wastewater from the regional wastewater treatment

plant for direct municipal, industrial, agricultural and environmental purposes, groundwater recharge and indirect potable reuse

in the Phoenix metropolitan area.’’;

(2) in subsection (b), by striking the first sentence; and

(3) by striking subsection (c).
S. 507—117

SEC. 597. NATIONAL HARBOR, MARYLAND.

(a) IN GENERAL.—The first section of Public Law 99–215 (99

Stat. 1724) is amended in the first sentence of subsection (a)(2)

by striking ‘‘solely’’ and inserting ‘‘for transportation or’’.

(b) REVISION OF QUITCLAIM DEED.—Not later than 30 days

after the date of enactment of this Act, the Secretary of the Interior

shall—

(1) with the consent of the grantee, withdraw and revise

any terms or conditions in the quitclaim deed of December

16, 1986, between the United States and the Maryland-National

Capital Park and Planning Commission that limit the authority

of the Maryland-National Capital Park and Planning Commission to use the property for transportation purposes; and

(2) prepare, execute, and record a deed that is consistent

with this section and the amendment made by subsection (a).

(c) EFFECT ON ENVIRONMENTAL LAW.—Nothing in this section

abrogates any requirement of any environmental law.

TITLE VI—CHEYENNE RIVER SIOUX

TRIBE, LOWER BRULE SIOUX TRIBE,

AND STATE OF SOUTH DAKOTA TERRESTRIAL WILDLIFE HABITAT RESTORATION

SEC. 601. DEFINITIONS.

In this title, the following definitions apply:

(1) COMMISSION.—The term ‘‘Commission’’ means the South

Dakota Cultural Resources Advisory Commission established

by section 605(j).

(2) RESTORATION.—The term ‘‘restoration’’ means mitigation of the habitat of wildlife.

(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary

of the Army.

(4) TERRESTRIAL WILDLIFE HABITAT.—The term ‘‘terrestrial

wildlife habitat’’ means a habitat for a wildlife species

(including game and nongame species) that existed or exists

on an upland habitat (including a prairie grassland, woodland,

bottom land forest, scrub, or shrub) or an emergent wetland

habitat.

(5) WILDLIFE.—The term ‘‘wildlife’’ has the meaning given

the term in section 8 of the Fish and Wildlife Coordination

Act (16 U.S.C. 666b).

SEC. 602. TERRESTRIAL WILDLIFE HABITAT RESTORATION.

(a) TERRESTRIAL WILDLIFE HABITAT RESTORATION PLANS.—

(1) IN GENERAL.—In accordance with this subsection and

in consultation with the Secretary and the Secretary of the

Interior, the State of South Dakota, the Cheyenne River Sioux

Tribe, and the Lower Brule Sioux Tribe shall, as a condition

of the receipt of funds under this title, each develop a plan

for the restoration of terrestrial wildlife habitat loss that

occurred as a result of flooding related to the Big Bend and

Oahe projects carried out as part of the Pick-Sloan Missouri

River Basin program.
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(2) SUBMISSION OF PLAN TO SECRETARY.—On completion

of a plan for terrestrial wildlife habitat restoration, the State

of South Dakota, the Cheyenne River Sioux Tribe, and the

Lower Brule Sioux Tribe shall submit the plan to the Secretary.

(3) REVIEW BY SECRETARY AND SUBMISSION TO COMMITTEES.—The Secretary shall review the plan and submit the

plan, with any comments, to the appropriate committees of

the Senate and the House of Representatives.

(4) FUNDING FOR CARRYING OUT PLANS.—

(A) STATE OF SOUTH DAKOTA.—

(i) NOTIFICATION.—On receipt of the plan for

terrestrial wildlife habitat restoration submitted by the

State of South Dakota, each of the committees referred

to in paragraph (3) shall notify the Secretary of the

receipt of the plan.

(ii) AVAILABILITY OF FUNDS.—On notification in

accordance with clause (i), the Secretary shall make

available to the State of South Dakota funds from

the South Dakota Terrestrial Wildlife Habitat Restoration Trust Fund established under section 603, to be

used to carry out the plan for terrestrial wildlife

habitat restoration submitted by the State and only

after the Trust Fund is fully capitalized.

(B) CHEYENNE RIVER SIOUX TRIBE AND LOWER BRULE

SIOUX TRIBE.—

(i) NOTIFICATION.—On receipt of the plan for

terrestrial wildlife habitat restoration submitted by the

Cheyenne River Sioux Tribe and the Lower Brule Sioux

Tribe, each of the committees referred to in paragraph

(3) shall notify the Secretary of the Treasury of the

receipt of each of the plans.

(ii) AVAILABILITY OF FUNDS.—On notification in

accordance with clause (i), the Secretary of the

Treasury shall make available to the Cheyenne River

Sioux Tribe and the Lower Brule Sioux Tribe funds

from the Cheyenne River Sioux Tribe Terrestrial Wildlife Habitat Restoration Trust Fund and the Lower

Brule Sioux Tribe Terrestrial Wildlife Habitat Restoration Trust Fund, respectively, established under section

604, to be used to carry out the plan for terrestrial

wildlife habitat restoration submitted by the Cheyenne

River Sioux Tribe and the Lower Brule Sioux Tribe,

respectively, and only after the Trust Fund is fully

capitalized.

(C) TRANSITION PERIOD.—

(i) IN GENERAL.—During the period described in

clause (ii), the Secretary shall—

(I) fund the terrestrial wildlife habitat restoration programs being carried out on the date of

enactment of this Act on Oahe and Big Bend

project land and the plans established under this

section at a level that does not exceed the highest

amount of funding that was provided for the programs during a previous fiscal year; and

(II) fund the activities described in sections

603(d)(3) and 604(d)(3).
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(ii) PERIOD.—Clause (i) shall apply during the

period—

(I) beginning on the date of enactment of this

Act; and

(II) ending on the date on which funds are

made available for use from the South Dakota

Terrestrial Wildlife Habitat Restoration Trust

Fund under section 603(d)(3)(A)(i) and the Cheyenne River Sioux Tribe Terrestrial Wildlife Habitat

Restoration Trust Fund and the Lower Brule Sioux

Tribe Terrestrial Wildlife Habitat Restoration

Trust Fund under section 604(d)(3)(A)(i).

(b) PROGRAMS FOR THE PURCHASE OF WILDLIFE HABITAT

LEASES.—

(1) IN GENERAL.—The State of South Dakota may use funds

made available under section 603(d)(3)(A)(iii) to develop a program for the purchase of wildlife habitat leases that meets

the requirements of this subsection.

(2) DEVELOPMENT OF A PLAN.—

(A) IN GENERAL.—If the State of South Dakota, the

Cheyenne River Sioux Tribe, or the Lower Brule Sioux

Tribe elects to conduct a program under this subsection,

the State of South Dakota, the Cheyenne River Sioux Tribe,

or the Lower Brule Sioux Tribe (in consultation with the

United States Fish and Wildlife Service and the Secretary

and with an opportunity for public comment) shall develop

a plan to lease land for the protection and development

of wildlife habitat, including habitat for threatened and

endangered species, associated with the Missouri River

ecosystem.

(B) USE FOR PROGRAM.—The plan shall be used by

the State of South Dakota, the Cheyenne River Sioux Tribe,

or the Lower Brule Sioux Tribe in carrying out the program

carried out under paragraph (1).

(3) CONDITIONS OF LEASES.—Each lease covered under a

program carried out under paragraph (1) shall specify that

the owner of the property that is subject to the lease shall

provide—

(A) public access for sportsmen during hunting season;

and

(B) public access for other outdoor uses covered under

the lease, as negotiated by the landowner and the State

of South Dakota, the Cheyenne River Sioux Tribe, or the

Lower Brule Sioux Tribe.

(4) USE OF ASSISTANCE.—

(A) STATE OF SOUTH DAKOTA.—If the State of South

Dakota conducts a program under this subsection, the State

may use funds made available under section

603(d)(3)(A)(iii) to—

(i) acquire easements, rights-of-way, or leases for

management and protection of wildlife habitat,

including habitat for threatened and endangered species, and public access to wildlife on private property

in the State of South Dakota;

(ii) create public access to Federal or State land

through the purchase of easements or rights-of-way

that traverse such private property; or
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(iii) lease land for the creation or restoration of

a wetland on such private property.

(B) CHEYENNE RIVER SIOUX TRIBE AND LOWER BRULE

SIOUX TRIBE.—If the Cheyenne River Sioux Tribe or the

Lower Brule Sioux Tribe conducts a program under this

subsection, the Tribe may use funds made available under

section 604(d)(3)(A)(iii) for the purposes described in

subparagraph (A).

(c) FEDERAL OBLIGATION FOR TERRESTRIAL WILDLIFE HABITAT

MITIGATION FOR THE BIG BEND AND OAHE PROJECTS IN SOUTH

DAKOTA.—The establishment of the trust funds under sections 603

and 604 and the development and implementation of plans for

terrestrial wildlife habitat restoration developed by the State of

South Dakota, the Cheyenne River Sioux Tribe, and the Lower

Brule Sioux Tribe in accordance with this section shall be considered

to satisfy the Federal obligation under the Fish and Wildlife

Coordination Act (16 U.S.C. 661 et seq.) for terrestrial wildlife

habitat mitigation for the State of South Dakota, the Cheyenne

River Sioux Tribe, and the Lower Brule Sioux Tribe for the Big

Bend and Oahe projects carried out as part of the Pick-Sloan

Missouri River Basin program.

SEC. 603. SOUTH DAKOTA TERRESTRIAL WILDLIFE HABITAT RESTORATION TRUST FUND.

(a) ESTABLISHMENT.—There is established in the Treasury of

the United States a fund to be known as the ‘‘South Dakota Terrestrial Wildlife Habitat Restoration Trust Fund’’ (referred to in this

section as the ‘‘Fund’’).

(b) FUNDING.—For the fiscal year during which this Act is

enacted and each fiscal year thereafter until the aggregate amount

deposited in the Fund under this subsection is equal to at least

$108,000,000, the Secretary of the Treasury shall transfer

$10,000,000 from the general fund of the Treasury to the Fund.

(c) INVESTMENTS.—

(1) IN GENERAL.—At the request of the Secretary, the Secretary of the Treasury shall invest the amounts deposited under

subsection (b) only in interest-bearing obligations of the United

States or in obligations guaranteed by the United States as

to both principal and interest.

(2) INTEREST RATE.—The Secretary of the Treasury shall

invest amounts in the fund in obligations that carry the highest

rate of interest among available obligations of the required

maturity.

(d) PAYMENTS.—

(1) IN GENERAL.—All amounts credited as interest under

subsection (c) shall be available, without fiscal year limitation,

to the State of South Dakota for use in accordance with paragraph (3) after the Fund has been fully capitalized.

(2) WITHDRAWAL AND TRANSFER OF FUNDS.—Subject to section 602(a)(4)(A), the Secretary shall withdraw amounts credited as interest under paragraph (1) and transfer the amounts

to the State of South Dakota for use as State funds in accordance with paragraph (3) after the Fund has been fully capitalized.

(3) USE OF TRANSFERRED FUNDS.—
S. 507—121

(A) IN GENERAL.—Subject to subparagraph (B), the

State of South Dakota shall use the amounts transferred

under paragraph (2) only to—

(i) fully fund the annually scheduled work

described in the terrestrial wildlife habitat restoration

plan of the State developed under section 602(a); and

(ii) with any remaining funds—

(I) protect archaeological, historical, and cultural sites located along the Missouri River on

land transferred to the State;

(II) fund all costs associated with the ownership, management, operation, administration,

maintenance, and development of recreation areas

and other lands that are transferred to the State

of South Dakota by the Secretary;

(III) purchase and administer wildlife habitat

leases under section 602(b);

(IV) carry out other activities described in section 602; and

(V) develop and maintain public access to, and

protect, wildlife habitat and recreation areas along

the Missouri River.

(B) PROHIBITION.—The amounts transferred under

paragraph (2) shall not be used for the purchase of land

in fee title.

(e) TRANSFERS AND WITHDRAWALS.—Except as provided in subsection (d), the Secretary may not transfer or withdraw any amount

deposited under subsection (b).

(f) ADMINISTRATIVE EXPENSES.—There are authorized to be

appropriated to the Secretary of the Treasury such sums as are

necessary to pay the administrative expenses of the Fund.

SEC. 604. CHEYENNE RIVER SIOUX TRIBE AND LOWER BRULE SIOUX

TRIBE TERRESTRIAL WILDLIFE HABITAT RESTORATION

TRUST FUNDS.

(a) ESTABLISHMENT.—There are established in the Treasury

of the United States 2 funds to be known as the ‘‘Cheyenne River

Sioux Tribe Terrestrial Wildlife Restoration Trust Fund’’ and the

‘‘Lower Brule Sioux Tribe Terrestrial Wildlife Habitat Restoration

Trust Fund’’ (each of which is referred to in this section as a

‘‘Fund’’).

(b) FUNDING.— (1) IN GENERAL.—Subject to paragraph (2), for the fiscal

year during which this Act is enacted and each fiscal year

thereafter until the aggregate amount deposited in the Funds

under this subsection is equal to at least $57,400,000, the

Secretary of the Treasury shall transfer $5,000,000 from the

general fund of the Treasury to the Funds.

(2) ALLOCATION.—Of the total amount of funds deposited

in the Funds for a fiscal year, the Secretary of the Treasury

shall deposit—

(A) 74 percent of the funds into the Cheyenne River

Sioux Tribe Terrestrial Wildlife Restoration Trust Fund;

and

(B) 26 percent of the funds into the Lower Brule Sioux

Tribe Terrestrial Wildlife Habitat Restoration Trust Fund.

(c) INVESTMENTS.—
S. 507—122

(1) IN GENERAL.—The Secretary of the Treasury shall invest

the amounts deposited under subsection (b) only in interestbearing obligations of the United States or in obligations

guaranteed as to both principal and interest by the United

States.

(2) INTEREST RATE.—The Secretary of the Treasury shall

invest amounts in the Funds in obligations that carry the

highest rate of interest among available obligations of the

required maturity.

(d) PAYMENTS.—

(1) IN GENERAL.—All amounts credited as interest under

subsection (c) shall be available after the Trust Funds are

fully capitalized, without fiscal year limitation, to the Cheyenne

River Sioux Tribe and the Lower Brule Sioux Tribe for their

use in accordance with paragraph (3).

(2) WITHDRAWAL AND TRANSFER OF FUNDS.—Subject to section 602(a)(4)(B), the Secretary of the Treasury shall withdraw

amounts credited as interest under paragraph (1) and transfer

the amounts to the Cheyenne River Sioux Tribe and the Lower

Brule Sioux Tribe for use in accordance with paragraph (3).

(3) USE OF TRANSFERRED FUNDS.—

(A) IN GENERAL.—Subject to subparagraph (B), the

Cheyenne River Sioux Tribe and the Lower Brule Sioux

Tribe shall use the amounts transferred under paragraph

(2) only to—

(i) fully fund the annually scheduled work

described in the terrestrial wildlife habitat restoration

plan of the respective Tribe developed under section

602(a); and

(ii) with any remaining funds—

(I) protect archaeological, historical, and cultural sites located along the Missouri River on

land transferred to the respective Tribe;

(II) fund all costs associated with the ownership, management, operation, administration,

maintenance, and development of recreation areas

and other lands that are transferred to the respective Tribe by the Secretary;

(III) purchase and administer wildlife habitat

leases under section 602(b);

(IV) carry out other activities described in section 602; and

(V) develop and maintain public access to, and

protect, wildlife habitat and recreation areas along

the Missouri River.

(B) PROHIBITION.—The amounts transferred under

paragraph (2) shall not be used for the purchase of land

in fee title.

(e) TRANSFERS AND WITHDRAWALS.—Except as provided in subsection (d), the Secretary of the Treasury may not transfer or

withdraw any amount deposited under subsection (b).

(f) ADMINISTRATIVE EXPENSES.—There are authorized to be

appropriated to the Secretary of the Treasury such sums as are

necessary to pay the administrative expenses of the Fund.

SEC. 605. TRANSFER OF FEDERAL LAND TO STATE OF SOUTH DAKOTA.

(a) IN GENERAL.—
S. 507—123

(1) TRANSFER.—

(A) IN GENERAL.—The Secretary shall transfer to the

Department of Game, Fish and Parks of the State of South

Dakota (referred to in this section as the ‘‘Department’’)

the land and recreation areas described in subsections (b)

and (c) for fish and wildlife purposes, or public recreation

uses, in perpetuity.

(B) PERMITS, RIGHTS-OF-WAY, AND EASEMENTS.—All

permits, rights-of-way, and easements granted by the Secretary to the Oglala Sioux Tribe for land on the west

side of the Missouri River between the Oahe Dam and

Highway 14, and all permits, rights-of-way, and easements

on any other land administered by the Secretary and used

by the Oglala Sioux Rural Water Supply System, are

granted to the Oglala Sioux Tribe in perpetuity to be held

in trust under section 3(e) of the Mni Wiconi Project Act

of 1988 (102 Stat. 2568).

(2) USES.—The Department shall maintain and develop

the land outside the recreation areas for fish and wildlife purposes in accordance with—

(A) fish and wildlife purposes in effect on the date

of enactment of this Act; or

(B) a plan developed under section 602.

(3) CORPS OF ENGINEERS.—The transfer shall not interfere

with the Corps of Engineers operation of a project under this

section for an authorized purpose of the project under the

Act of December 22, 1944 (58 Stat. 887, chapter 665; 33 U.S.C.

701–1 et seq.), or other applicable law.

(4) SECRETARY.—The Secretary shall retain the right to

inundate with water the land transferred to the Department

under this section or draw down a project reservoir, as necessary to carry out an authorized purpose of a project.

(b) LAND TRANSFERRED.—The land described in this subsection

is land that—

(1) is located above the top of the exclusive flood pool

of the Oahe, Big Bend, Fort Randall, and Gavin’s Point projects

of the Pick-Sloan Missouri River Basin program;

(2) was acquired by the Secretary for the implementation

of the Pick-Sloan Missouri River Basin program;

(3) is located outside the external boundaries of a reservation of an Indian Tribe; and

(4) is located within the State of South Dakota.

(c) RECREATION AREAS TRANSFERRED.—A recreation area

described in this section includes the land and facilities within

a recreation area that—

(1) the Secretary determines, at the time of the transfer,

is a recreation area classified for recreation use by the Corps

of Engineers on the date of enactment of this Act;

(2) is located outside the external boundaries of a reservation of an Indian Tribe;

(3) is located within the State of South Dakota;

(4) is not the recreation area known as ‘‘Cottonwood’’,

‘‘Training Dike’’, or ‘‘Tailwaters’’; and

(5) is located below Gavin’s Point Dam in the State of

South Dakota in accordance with boundary agreements and

reciprocal fishing agreements between the State of South

Dakota and the State of Nebraska in effect on the date of
S. 507—124

enactment of this Act, which agreements shall continue to

be honored by the State of South Dakota as the agreements

apply to any land or recreation areas transferred under this

title to the State of South Dakota below Gavin’s Point Dam

and on the waters of the Missouri River.

(d) MAP.—

(1) IN GENERAL.—The Secretary, in consultation with the

Department, shall prepare a map of the land and recreation

areas transferred under this section.

(2) LAND.—The map shall identify—

(A) land reasonably expected to be required for project

purposes during the 20-year period beginning on the date

of enactment of this Act; and

(B) dams and related structures;

which shall be retained by the Secretary.

(3) AVAILABILITY.—The map shall be on file in the appropriate offices of the Secretary.

(e) SCHEDULE FOR TRANSFER.—

(1) IN GENERAL.—Not later than 1 year after the date

of enactment of this Act, the Secretary of the Army and the

Secretary of the Department shall jointly develop a schedule

for transferring the land and recreation areas under this section.

(2) TRANSFER DEADLINE.—All land and recreation areas

shall be transferred not later than 1 year after the full capitalization of the Trust Fund described in section 603.

(f) TRANSFER CONDITIONS.—The land and recreation areas

described in subsections (b) and (c) shall be transferred in fee

title to the Department on the following conditions:

(1) RESPONSIBILITY FOR DAMAGE.—The Secretary shall not

be responsible for any damage to the land caused by flooding,

sloughing, erosion, or other changes to the land caused by

the operation of any project of the Pick-Sloan Missouri River

Basin program (except as otherwise provided by Federal law).

(2) EASEMENTS, RIGHTS-OF-WAY, LEASES, AND COST-SHARING

AGREEMENTS.—The Department shall maintain all easements,

rights-of-way, leases, and cost-sharing agreements that are in

effect as of the date of the transfer.

(g) HUNTING AND FISHING.—

(1) IN GENERAL.—Except as provided in this section,

nothing in this title affects jurisdiction over the waters of

the Missouri River below the water’s edge and outside the

exterior boundaries of an Indian reservation in South Dakota.

(2) JURISDICTION.—

(A) TRANSFERRED LAND.—On transfer of the land under

this section to the State of South Dakota, jurisdiction over

the land shall be the same as that over other land owned

by the State of South Dakota.

(B) LAND BETWEEN THE MISSOURI RIVER WATER’S EDGE

AND THE LEVEL OF THE EXCLUSIVE FLOOD POOL.—Jurisdiction over land between the Missouri River water’s edge

and the level of the exclusive flood pool outside Indian

reservations in the State of South Dakota shall be the

same as that exercised by the State on other land owned

by the State, and that jurisdiction shall follow the fluctuations of the water’s edge.
S. 507—125

(C) FEDERAL LAND.—Jurisdiction over land and water

owned by the Federal Government within the boundaries

of the State of South Dakota that are not affected by

this title shall remain unchanged.

(3) EASEMENTS AND ACCESS.—The Secretary shall provide

the State of South Dakota with easements and access on land

and water below the level of the exclusive flood pool outside

Indian reservations in the State of South Dakota for recreational and other purposes (including for boat docks, boat

ramps, and related structures), so long as the easements would

not prevent the Corps of Engineers from carrying out its mission under the Act entitled ‘‘An Act authorizing the construction

of certain public works on rivers and harbors for flood control,

and for other purposes’’, approved December 22, 1944 (commonly known as the ‘‘Flood Control Act of 1944’’) (58 Stat.

887).

(h) APPLICABILITY OF LAW.—Notwithstanding any other provision of this Act, the following provisions of law shall apply to

land transferred under this section:

(1) The National Historic Preservation Act (16 U.S.C. 470

et seq.), including sections 106 and 304 of that Act (16 U.S.C.

470f, 470w–3).

(2) The Archaeological Resources Protection Act of 1979

(16 U.S.C. 470aa et seq.), including sections 4, 6, 7, and 9

of that Act (16 U.S.C. 470cc, 470ee, 470ff, 470hh).

(3) The Native American Graves Protection Act and Repatriation Act (25 U.S.C. 3001 et seq.), including subsections

(a) and (d) of section 3 of that Act (25 U.S.C. 3003).

(i) IMPACT AID.—The land transferred under subsection (a)

shall be deemed to continue to be owned by the United States

for purposes of section 8002 of the Elementary and Secondary

Education Act of 1965 (20 U.S.C. 7702).

SEC. 606. TRANSFER OF CORPS OF ENGINEERS LAND FOR INDIAN

TRIBES.

(a) IN GENERAL.— (1) TRANSFER.—The Secretary of the Army shall transfer

to the Secretary of the Interior the land and recreation areas

described in subsections (b) and (c) for the use of the Indian

Tribes in perpetuity.

(2) CORPS OF ENGINEERS.—The transfer shall not interfere

with the Corps of Engineers operation of a project under this

section for an authorized purpose of the project under the

Act of December 22, 1944 (58 Stat. 887, chapter 665; 33 U.S.C.

701–1 et seq.), or other applicable law.

(3) SECRETARY OF THE ARMY.—The Secretary of the Army

shall retain the right to inundate with water the land transferred to the Secretary of the Interior under this section or

draw down a project reservoir, as necessary to carry out an

authorized purpose of a project.

(4) TRUST.—The Secretary of the Interior shall hold in

trust for the Cheyenne River Sioux Tribe and the Lower Brule

Sioux Tribe the land transferred under this section that is

located within the external boundaries of the reservation of

the Indian Tribes.

(b) LAND TRANSFERRED.—The land described in this subsection

is land that—
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(1) is located above the top of the exclusive flood pool

of the Big Bend and Oahe projects of the Pick-Sloan Missouri

River Basin program;

(2) was acquired by the Secretary of the Army for the

implementation of the Pick-Sloan Missouri River Basin program; and

(3) is located within the external boundaries of the reservation of the Cheyenne River Sioux Tribe and the Lower Brule

Sioux Tribe.

(c) RECREATION AREAS TRANSFERRED.—A recreation area

described in this section includes the land and facilities within

a recreation area that—

(1) the Secretary determines, at the time of the transfer,

is a recreation area classified for recreation use by the Corps

of Engineers on the date of enactment of this Act;

(2) is located within the external boundaries of a reservation of an Indian Tribe; and

(3) is located within the State of South Dakota.

(d) MAP.—

(1) IN GENERAL.—The Secretary, in consultation with the

governing bodies of the Cheyenne River Sioux Tribe and the

Lower Brule Sioux Tribe, shall prepare a map of the land

transferred under this section.

(2) LAND.—The map shall identify—

(A) land reasonably expected to be required for project

purposes during the 20-year period beginning on the date

of enactment of this Act; and

(B) dams and related structures;

which shall be retained by the Secretary.

(3) AVAILABILITY.—The map shall be on file in the appropriate offices of the Secretary.

(e) SCHEDULE FOR TRANSFER.— (1) IN GENERAL.—Not later than 1 year after the date

of enactment of this Act, the Secretary and the Chairmen

of the Cheyenne River Sioux Tribe and the Lower Brule Sioux

Tribe shall jointly develop a schedule for transferring the land

and recreation areas under this section.

(2) TRANSFER DEADLINE.—All land and recreation areas

shall be transferred not later than 1 year after the full capitalization of the State and tribal Trust Fund described in section

604.

(f) TRANSFER CONDITIONS.—The land and recreation areas

described in subsections (b) and (c) shall be transferred to, and

held in trust by, the Secretary of the Interior on the following

conditions:

(1) RESPONSIBILITY FOR DAMAGE.—The Secretary shall not

be responsible for any damage to the land caused by flooding,

sloughing, erosion, or other changes to the land caused by

the operation of any project of the Pick-Sloan Missouri River

Basin program (except as otherwise provided by Federal law).

(2) HUNTING AND FISHING.—

(A) IN GENERAL.—Except as provided in this section,

nothing in this title affects jurisdiction over the waters

of the Missouri River below the water’s edge and within

the exterior boundaries of the Cheyenne River Sioux and

Lower Brule Sioux Tribe reservations.

(B) JURISDICTION.—
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(i) IN GENERAL.—On transfer of the land to the

respective tribes under this section, jurisdiction over

the land and on land between the water’s edge and

the level of the exclusive flood pool within the respective Tribe’s reservation boundaries shall be the same

as that over land held in trust by the Secretary of

the Interior on the Cheyenne River Sioux Reservation

and the Lower Brule Sioux Reservation, and that jurisdiction shall follow the fluctuations of the water’s edge.

(ii) JURISDICTION UNAFFECTED.—Jurisdiction over

land and water owned by the Federal Government

and held in trust for the Cheyenne River Sioux Tribe

and Lower Brule Sioux Tribe that is not affected by

this title shall remain unchanged.

(C) EASEMENTS AND ACCESS.—The Secretary shall provide the Tribes with such easements and access on land

and water below the level of the exclusive flood pool inside

the respective Indian reservations for recreational and

other purposes (including for boat docks, boat ramps, and

related structures), so long as the easements would not

prevent the Corps of Engineers from carrying out its mission under the Act entitled ‘‘An Act authorizing the

construction of certain public works on rivers and harbors

for flood control, and for other purposes’’, approved

December 22, 1944 (commonly known as the ‘‘Flood Control

Act of 1944’’) (58 Stat. 887).

(3) EASEMENTS, RIGHTS-OF-WAY, LEASES, AND COST-SHARING

AGREEMENTS.—

(A) MAINTENANCE.—The Secretary of the Interior shall

maintain all easements, rights-of-way, leases, and costsharing agreements that are in effect as of the date of

the transfer.

(B) PAYMENTS TO COUNTY.—The Secretary of the

Interior shall pay any affected county 100 percent of the

receipts from the easements, rights-of-way, leases, and costsharing agreements described in subparagraph (A).

(g) EXTERIOR INDIAN RESERVATION BOUNDARIES.—Nothing in

this section diminishes, changes, or otherwise affects the exterior

boundaries of a reservation of an Indian Tribe.

SEC. 607. ADMINISTRATION.

(a) IN GENERAL.—Nothing in this title diminishes or affects—

(1) any water right of an Indian Tribe;

(2) any other right of an Indian Tribe, except as specifically

provided in another provision of this title;

(3) any treaty right that is in effect on the date of enactment of this Act;

(4) any external boundary of an Indian reservation of an

Indian Tribe;

(5) any authority of the State of South Dakota that relates

to the protection, regulation, or management of fish, terrestrial

wildlife, and cultural and archaeological resources, except as

specifically provided in this title; or

(6) any authority of the Secretary, the Secretary of the

Interior, or the head of any other Federal agency under a

law in effect on the date of enactment of this Act, including—
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(A) the National Historic Preservation Act (16 U.S.C.

470 et seq.);

(B) the Archaeological Resources Protection Act of 1979

(16 U.S.C. 470aa et seq.);

(C) the Fish and Wildlife Coordination Act (16 U.S.C.

661 et seq.);

(D) the Act entitled ‘‘An Act for the protection of the

bald eagle’’, approved June 8, 1940 (16 U.S.C. 668 et seq.);

(E) the Migratory Bird Treaty Act (16 U.S.C. 703 et

seq.);

(F) the Endangered Species Act of 1973 (16 U.S.C.

1531 et seq.);

(G) the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.);

(H) the Federal Water Pollution Control Act (commonly

known as the ‘‘Clean Water Act’’) (33 U.S.C. 1251 et seq.);

(I) the Safe Drinking Water Act (42 U.S.C. 300f et

seq.); and

(J) the National Environmental Policy Act of 1969 (42

U.S.C. 4321 et seq.).

(b) FEDERAL LIABILITY FOR DAMAGE.—Nothing in this title

relieves the Federal Government of liability for damage to private

property caused by the operation of the Pick-Sloan Missouri River

Basin program.

(c) FLOOD CONTROL.—Notwithstanding any other provision of

this title, the Secretary shall retain the authority to operate the

Pick-Sloan Missouri River Basin program for purposes of meeting

the requirements of the Act of December 22, 1944 (58 Stat. 887,

chapter 665; 33 U.S.C. 701–1 et seq.).

SEC. 608. STUDY.

(a) IN GENERAL.—The Secretary shall arrange for the United

States Geological Survey, in consultation with the Bureau of Indian

Affairs and other appropriate Federal agencies, to complete, not

later than October 31, 1999, a comprehensive study of the potential

impacts of the transfer of land under sections 605(b) and 606(b),

including potential impacts on South Dakota Sioux Tribes having

water claims within the Missouri River Basin, on water flows in

the Missouri River.

(b) NO TRANSFER PENDING DETERMINATION.—No transfer of

land under section 605(b) or 606(b) shall occur until the Secretary

determines, based on the study, that the transfer of land under

either section will not significantly reduce the amount of water

flow to the downstream States of the Missouri River.

(c) STATE WATER RIGHTS.—The results of the study shall not

affect, and shall not be taken into consideration in, any proceeding

to quantify the water rights of any State.

(d) INDIAN WATER RIGHTS.—The results of the study shall not

affect, and shall not be taken into consideration in, any proceeding

to quantify the water rights of any Indian Tribe or tribal nation.

SEC. 609. AUTHORIZATION OF APPROPRIATIONS.

(a) SECRETARY.—There are authorized to be appropriated to

the Secretary such sums as are necessary—

(1) to pay the administrative expenses incurred by the

Secretary in carrying out this title;
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(2) to fund the implementation of terrestrial wildlife habitat

restoration plans under section 602(a) and other activities

under sections 603(d)(3) and 604(d)(3); and

(3) to fund the annual expenses (not to exceed the Federal

cost as of the date of enactment of this Act) of operating

recreation areas to be transferred under sections 605(c) and

606(c) or leased by the State of South Dakota or Indian Tribes,

until such time as the trust funds under sections 603 and

604 are fully capitalized.

(b) SECRETARY OF THE INTERIOR.—There are authorized to be

appropriated to the Secretary of the Interior such sums as are

necessary to pay the administrative expenses incurred by the Secretary of the Interior in carrying out this title.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.