106TH CONGRESS

1ST SESSION S. 507

AN ACT

To provide for the conservation and development of water

and related resources, to authorize the Secretary of the

Army to construct various projects for improvements to

rivers and harbors of the United States, and for other

purposes.

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

5 ‘‘Water Resources Development Act of 1999’’.
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1 (b) TABLE OF CONTENTS.—The table of contents of

2 this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Definition of Secretary.

TITLE I—WATER RESOURCES PROJECTS

Sec. 101. Project authorizations.

Sec. 102. Project modifications.

Sec. 103. Project deauthorizations.

Sec. 104. Studies.

TITLE II—GENERAL PROVISIONS

Sec. 201. Flood hazard mitigation and riverine ecosystem restoration program.

Sec. 202. Shore protection.

Sec. 203. Small flood control authority.

Sec. 204. Use of non-Federal funds for compiling and disseminating information on floods and flood damages.

Sec. 205. Aquatic ecosystem restoration.

Sec. 206. Beneficial uses of dredged material.

Sec. 207. Voluntary contributions by States and political subdivisions.

Sec. 208. Recreation user fees.

Sec. 209. Water resources development studies for the Pacific region.

Sec. 210. Missouri and Middle Mississippi Rivers enhancement project.

Sec. 211. Outer Continental Shelf.

Sec. 212. Environmental dredging.

Sec. 213. Benefit of primary flood damages avoided included in benefit-cost

analysis.

Sec. 214. Control of aquatic plant growth.

Sec. 215. Environmental infrastructure.

Sec. 216. Watershed management, restoration, and development.

Sec. 217. Lakes program.

Sec. 218. Sediments decontamination policy.

Sec. 219. Disposal of dredged material on beaches.

Sec. 220. Fish and wildlife mitigation.

Sec. 221. Reimbursement of non-Federal interest.

Sec. 222. National Contaminated Sediment Task Force.

Sec. 223. John Glenn Great Lakes Basin program.

Sec. 224. Projects for improvement of the environment.

Sec. 225. Water quality, environmental quality, recreation, fish and wildlife,

flood control, and navigation.

Sec. 226. Irrigation diversion protection and fisheries enhancement assistance.

Sec. 227. Small storm damage reduction projects.

Sec. 228. Shore damage prevention or mitigation.

Sec. 229. Atlantic coast of New York.

Sec. 230. Accelerated adoption of innovative technologies for contaminated sediments.

Sec. 231. Mississippi River Commission.

Sec. 232. Use of private enterprises.

TITLE III—PROJECT-RELATED PROVISIONS

Sec. 301. Dredging of salt ponds in the State of Rhode Island.
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Sec. 302. Upper Susquehanna River basin, Pennsylvania and New York.

Sec. 303. Small flood control projects.

Sec. 304. Small navigation projects.

Sec. 305. Streambank protection projects.

Sec. 306. Aquatic ecosystem restoration, Springfield, Oregon.

Sec. 307. Guilford and New Haven, Connecticut.

Sec. 308. Francis Bland Floodway Ditch.

Sec. 309. Caloosahatchee River basin, Florida.

Sec. 310. Cumberland, Maryland, flood project mitigation.

Sec. 311. City of Miami Beach, Florida.

Sec. 312. Sardis Reservoir, Oklahoma.

Sec. 313. Upper Mississippi River and Illinois waterway system navigation

modernization.

Sec. 314. Upper Mississippi River management.

Sec. 315. Research and development program for Columbia and Snake Rivers

salmon survival.

Sec. 316. Nine Mile Run habitat restoration, Pennsylvania.

Sec. 317. Larkspur Ferry Channel, California.

Sec. 318. Comprehensive Flood Impact-Response Modeling System.

Sec. 319. Study regarding innovative financing for small and medium-sized

ports.

Sec. 320. Candy Lake project, Osage County, Oklahoma.

Sec. 321. Salcha River and Piledriver Slough, Fairbanks, Alaska.

Sec. 322. Eyak River, Cordova, Alaska.

Sec. 323. North Padre Island storm damage reduction and environmental restoration project.

Sec. 324. Kanopolis Lake, Kansas.

Sec. 325. New York City watershed.

Sec. 326. City of Charlevoix reimbursement, Michigan.

Sec. 327. Hamilton Dam flood control project, Michigan.

Sec. 328. Holes Creek flood control project, Ohio.

Sec. 329. Overflow management facility, Rhode Island.

Sec. 330. Anacostia River aquatic ecosystem restoration, District of Columbia

and Maryland.

Sec. 331. Everglades and south Florida ecosystem restoration.

Sec. 332. Pine Flat Dam, Kings River, California.

Sec. 333. Levees in Elba and Geneva, Alabama.

Sec. 334. Toronto Lake and El Dorado Lake, Kansas.

Sec. 335. San Jacinto disposal area, Galveston, Texas.

Sec. 336. Environmental infrastructure.

Sec. 337. Water monitoring station.

Sec. 338. Upper Mississippi River comprehensive plan.

Sec. 339. McNary Lock and Dam, Washington.

Sec. 340. McNary National Wildlife Refuge.

TITLE IV—CHEYENNE RIVER SIOUX TRIBE, LOWER BRULE

SIOUX TRIBE, AND STATE OF SOUTH DAKOTA TERRESTRIAL

WILDLIFE HABITAT RESTORATION

Sec. 401. Cheyenne River Sioux Tribe, Lower Brule Sioux Tribe, and State of

South Dakota Terrestrial Wildlife Habitat Restoration.
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1 SEC. 2. DEFINITION OF SECRETARY.

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

4 TITLE I—WATER RESOURCES

5 PROJECTS

6 SEC. 101. PROJECT AUTHORIZATIONS.

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

10 out by the Secretary substantially in accordance with the

11 plans, and subject to the conditions, described in the re12 spective reports designated in this section:

13 (1) SAND POINT HARBOR, ALASKA.—The

14 project for navigation, Sand Point Harbor, Alaska:

15 Report of the Chief of Engineers dated October 13,

16 1998, at a total cost of $11,760,000, with an esti17 mated Federal cost of $6,964,000 and an estimated

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

19 (2) RIO SALADO (SALT RIVER), ARIZONA.—The

20 project for environmental restoration, Rio Salado

21 (Salt River), Arizona: Report of the Chief of Engi22 neers dated August 20, 1998, at a total cost of

23 $88,048,000, with an estimated Federal cost of

24 $56,355,000 and an estimated non-Federal cost of

25 $31,693,000.
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1 (3) TUCSON DRAINAGE AREA, ARIZONA.—The

2 project for flood damage reduction, environmental

3 restoration, and recreation, Tucson drainage area,

4 Arizona: Report of the Chief of Engineers dated

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

6 an estimated Federal cost of $16,768,000 and an es7 timated non-Federal cost of $13,132,000.

8 (4) AMERICAN RIVER WATERSHED, CALI9 FORNIA.—

10 (A) IN GENERAL.—The project for flood

11 damage reduction described as the Folsom

12 Stepped Release Plan in the Corps of Engineers

13 Supplemental Information Report for the Amer14 ican River Watershed Project, California, dated

15 March 1996, at a total cost of $505,400,000,

16 with an estimated Federal cost of $329,300,000

17 and an estimated non-Federal cost of

18 $176,100,000.

19 (B) IMPLEMENTATION.—

20 (i) IN GENERAL.—Implementation of

21 the measures by the Secretary pursuant to

22 subparagraph (A) shall be undertaken

23 after completion of the levee stabilization

24 and strengthening and flood warning fea25 tures authorized by section 101(a)(1) of
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1 the Water Resources Development Act of

2 1996 (110 Stat. 3662).

3 (ii) FOLSOM DAM AND RESERVOIR.—

4 The Secretary may undertake measures at

5 the Folsom Dam and Reservoir authorized

6 under subparagraph (A) only after review7 ing the design of such measures to deter8 mine if modifications are necessary to ac9 count for changed hydrologic conditions

10 and any other changed conditions in the

11 project area, including operational and

12 construction impacts that have occurred

13 since completion of the report referred to

14 in subparagraph (A). The Secretary shall

15 conduct the review and develop the modi16 fications to the Folsom Dam and Reservoir

17 with the full participation of the Secretary

18 of the Interior.

19 (iii) REMAINING DOWNSTREAM ELE20 MENTS.—

21 (I) IN GENERAL.—Implementa22 tion of the remaining downstream ele23 ments authorized pursuant to sub24 paragraph (A) may be undertaken

25 only after the Secretary, in consulta-
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1 tion with affected Federal, State, re2 gional, and local entities, has reviewed

3 the elements to determine if modifica4 tions are necessary to address changes

5 in the hydrologic conditions, any other

6 changed conditions in the project area

7 that have occurred since completion of

8 the report referred to in subparagraph

9 (A) and any design modifications for

10 the Folsom Dam and Reservoir made

11 by the Secretary in implementing the

12 measures referred to in clause (ii),

13 and has issued a report on the review.

14 (II) PRINCIPLES AND GUIDE15 LINES.—The review shall be prepared

16 in accordance with the economic and

17 environmental principles and guide18 lines for water and related land re19 sources implementation studies, and

20 no construction may be initiated un21 less the Secretary determines that the

22 remaining downstream elements are

23 technically sound, environmentally ac24 ceptable, and economically justified.
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1 (5) LLAGAS CREEK, CALIFORNIA.—The project

2 for completion of the remaining reaches of the Nat3 ural Resources Conservation Service flood control

4 project at Llagas Creek, California, undertaken pur5 suant to section 5 of the Watershed Protection and

6 Flood Prevention Act (16 U.S.C. 1005), substan7 tially in accordance with the requirements of local

8 cooperation as specified in section 4 of that Act (16

9 U.S.C. 1004) at a total cost of $45,000,000, with an

10 estimated Federal cost of $21,800,000 and an esti11 mated non-Federal cost of $23,200,000.

12 (6) SOUTH SACRAMENTO COUNTY STREAMS,

13 CALIFORNIA.—The project for flood control, environ14 mental restoration, and recreation, South Sac15 ramento County streams, California: Report of the

16 Chief of Engineers dated October 6, 1998, at a total

17 cost of $65,500,000, with an estimated Federal cost

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

19 of $24,300,000.

20 (7) UPPER GUADALUPE RIVER, CALIFORNIA.—

21 Construction of the locally preferred plan for flood

22 damage reduction and recreation, Upper Guadalupe

23 River, California, described as the Bypass Channel

24 Plan of the Chief of Engineers dated August 19,

25 1998, at a total cost of $137,600,000, with an esti-
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1 mated Federal cost of $44,000,000 and an esti2 mated non-Federal cost of $93,600,000.

3 (8) YUBA RIVER BASIN, CALIFORNIA.—The

4 project for flood damage reduction, Yuba River

5 Basin, California: Report of the Chief of Engineers

6 dated November 25, 1998, at a total cost of

7 $26,600,000, with an estimated Federal cost of

8 $17,350,000 and an estimated non-Federal cost of

9 $9,250,000.

10 (9) DELAWARE BAY COASTLINE: DELAWARE

11 AND NEW JERSEY-BROADKILL BEACH, DELAWARE.—

12 (A) IN GENERAL.—The project for hurri13 cane and storm damage reduction and shore

14 protection, Delaware Bay coastline: Delaware

15 and New Jersey-Broadkill Beach, Delaware,

16 Report of the Chief of Engineers dated August

17 17, 1998, at a total cost of $9,049,000, with an

18 estimated Federal cost of $5,674,000 and an

19 estimated non-Federal cost of $3,375,000.

20 (B) PERIODIC NOURISHMENT.—Periodic

21 nourishment is authorized for a 50-year period

22 at an estimated average annual cost of

23 $538,200, with an estimated annual Federal

24 cost of $349,800 and an estimated annual non25 Federal cost of $188,400.
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1 (10) DELAWARE BAY COASTLINE: DELAWARE

2 AND NEW JERSEY-PORT MAHON, DELAWARE.—

3 (A) IN GENERAL.—The project for eco4 system restoration and shore protection, Dela5 ware Bay coastline: Delaware and New Jersey6 Port Mahon, Delaware: Report of the Chief of

7 Engineers dated September 28, 1998, at a total

8 cost of $7,644,000, with an estimated Federal

9 cost of $4,969,000 and an estimated non-Fed10 eral cost of $2,675,000.

11 (B) PERIODIC NOURISHMENT.—Periodic

12 nourishment is authorized for a 50-year period

13 at an estimated average annual cost of

14 $234,000, with an estimated annual Federal

15 cost of $152,000 and an estimated annual non16 Federal cost of $82,000.

17 (11) HILLSBORO AND OKEECHOBEE AQUIFER

18 STORAGE AND RECOVERY PROJECT, FLORIDA.—The

19 project for aquifer storage and recovery described in

20 the Corps of Engineers Central and Southern Flor21 ida Water Supply Study, Florida, dated April 1989,

22 and in House Document 369, dated July 30, 1968,

23 at a total cost of $27,000,000, with an estimated

24 Federal cost of $13,500,000 and an estimated non25 Federal cost of $13,500,000.
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1 (12) INDIAN RIVER COUNTY, FLORIDA.—Not2 withstanding section 1001(a) of the Water Re3 sources Development Act of 1986 (33 U.S.C.

4 579a(a)), the project for shoreline protection, Indian

5 River County, Florida, authorized by section 501(a)

6 of that Act (100 Stat. 4134), shall remain author7 ized for construction through December 31, 2002.

8 (13) LIDO KEY BEACH, SARASOTA, FLORIDA.—

9 (A) IN GENERAL.—The project for shore

10 protection at Lido Key Beach, Sarasota, Flor11 ida, authorized by section 101 of the River and

12 Harbor Act of 1970 (84 Stat. 1819) and de13 authorized by operation of section 1001(b) of

14 the Water Resources Development Act of 1986

15 (33 U.S.C. 579a(b)), is authorized to be carried

16 out by the Secretary at a total cost of

17 $5,200,000, with an estimated Federal cost of

18 $3,380,000 and an estimated non-Federal cost

19 of $1,820,000.

20 (B) PERIODIC NOURISHMENT.—Periodic

21 nourishment is authorized for a 50-year period

22 at an estimated average annual cost of

23 $602,000, with an estimated annual Federal

24 cost of $391,000 and an estimated annual non25 Federal cost of $211,000.
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1 (14) TAMPA HARBOR-BIG BEND CHANNEL,

2 FLORIDA.—The project for navigation, Tampa Har3 bor-Big Bend Channel, Florida: Report of the Chief

4 of Engineers dated October 13, 1998, at a total cost

5 of $12,356,000, with an estimated Federal cost of

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

7 $6,121,000.

8 (15) BRUNSWICK HARBOR, GEORGIA.—The

9 project for navigation, Brunswick Harbor, Georgia:

10 Report of the Chief of Engineers dated October 6,

11 1998, at a total cost of $50,717,000, with an esti12 mated Federal cost of $32,966,000 and an esti13 mated non-Federal cost of $17,751,000.

14 (16) BEARGRASS CREEK, KENTUCKY.—The

15 project for flood damage reduction, Beargrass Creek,

16 Kentucky: Report of the Chief of Engineers dated

17 May 12, 1998, at a total cost of $11,172,000, with

18 an estimated Federal cost of $7,262,000 and an es19 timated non-Federal cost of $3,910,000.

20 (17) AMITE RIVER AND TRIBUTARIES, LOU21 ISIANA, EAST BATON ROUGE PARISH WATERSHED.—

22 The project for flood damage reduction and recre23 ation, Amite River and Tributaries, Louisiana, East

24 Baton Rouge Parish Watershed: Report of the Chief

25 of Engineers, dated December 23, 1996, at a total
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1 cost of $112,900,000, with an estimated Federal

2 cost of $73,400,000 and an estimated non-Federal

3 cost of $39,500,000.

4 (18) BALTIMORE HARBOR ANCHORAGES AND

5 CHANNELS, MARYLAND AND VIRGINIA.—

6 (A) IN GENERAL.—The project for naviga7 tion, Baltimore Harbor Anchorages and Chan8 nels, Maryland and Virginia, Report of the

9 Chief of Engineers dated June 8, 1998, at a

10 total cost of $28,426,000, with an estimated

11 Federal cost of $18,994,000 and an estimated

12 non-Federal cost of $9,432,000.

13 (B) CREDIT OR REIMBURSEMENT.—If a

14 project cooperation agreement is entered into,

15 the non-Federal interest shall receive credit or

16 reimbursement of the Federal share of project

17 costs for construction work performed by the

18 non-Federal interest before execution of the

19 project cooperation agreement if the Secretary

20 finds the work to be integral to the project.

21 (C) STUDY OF MODIFICATIONS.—During

22 the preconstruction engineering and design

23 phase of the project, the Secretary shall con24 duct a study to determine the feasibility of un25 dertaking further modifications to the Dundalk
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1 Marine Terminal access channels, consisting

2 of—

3 (i) deepening and widening the Dun4 dalk access channels to a depth of 50 feet

5 and a width of 500 feet;

6 (ii) widening the flares of the access

7 channels; and

8 (iii) providing a new flare on the west

9 side of the entrance to the east access

10 channel.

11 (D) REPORT.—

12 (i) IN GENERAL.—Not later than

13 March 1, 2000, the Secretary shall submit

14 to Congress a report on the study under

15 subparagraph (C).

16 (ii) CONTENTS.—The report shall in17 clude a determination of—

18 (I) the feasibility of performing

19 the project modifications described in

20 subparagraph (C); and

21 (II) the appropriateness of cred22 iting or reimbursing the Federal share

23 of the cost of the work performed by

24 the non-Federal interest on the

25 project modifications.
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1 (19) RED LAKE RIVER AT CROOKSTON, MIN2 NESOTA.—The project for flood damage reduction,

3 Red Lake River at Crookston, Minnesota: Report of

4 the Chief of Engineers, dated April 20, 1998, at a

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

6 cost of $5,720,000 and an estimated non-Federal

7 cost of $3,230,000.

8 (20) NEW JERSEY SHORE PROTECTION, TOWN9 SENDS INLET TO CAPE MAY INLET, NEW JERSEY.—

10 (A) IN GENERAL.—The project for hurri11 cane and storm damage reduction, ecosystem

12 restoration, and shore protection, New Jersey

13 coastline, Townsends Inlet to Cape May Inlet,

14 New Jersey: Report of the Chief of Engineers

15 dated September 28, 1998, at a total cost of

16 $56,503,000, with an estimated Federal cost of

17 $36,727,000 and an estimated non-Federal cost

18 of $19,776,000.

19 (B) PERIODIC NOURISHMENT.—Periodic

20 nourishment is authorized for a 50-year period

21 at an estimated average annual cost of

22 $2,000,000, with an estimated annual Federal

23 cost of $1,300,000 and an estimated annual

24 non-Federal cost of $700,000.

25 (21) PARK RIVER, NORTH DAKOTA.—
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1 (A) IN GENERAL.—Subject to the condi2 tion stated in subparagraph (B), the project for

3 flood control, Park River, Grafton, North Da4 kota, authorized by section 401(a) of the Water

5 Resources Development Act of 1986 (100 Stat.

6 4121) and deauthorized under section 1001(a)

7 of the Water Resources Development Act of

8 1986 (33 U.S.C. 579a), at a total cost of

9 $28,100,000, with an estimated Federal cost of

10 $18,265,000 and an estimated non-Federal cost

11 of $9,835,000.

12 (B) CONDITION.—No construction may be

13 initiated unless the Secretary determines

14 through a general reevaluation report using

15 current data, that the project is technically

16 sound, environmentally acceptable, and eco17 nomically justified.

18 (22) SALT CREEK, GRAHAM, TEXAS.—The

19 project for flood control, environmental restoration,

20 and recreation, Salt Creek, Graham, Texas: Report

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

22 a total cost of $10,080,000, with an estimated Fed23 eral cost of $6,560,000 and an estimated non-Fed24 eral cost of $3,520,000.
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1 (b) PROJECTS SUBJECT TO A FINAL REPORT.—The

2 following projects for water resources development and

3 conservation and other purposes are authorized to be car4 ried out by the Secretary substantially in accordance with

5 the plans, and subject to the conditions recommended in

6 a final report of the Chief of Engineers as approved by

7 the Secretary, if a favorable report of the Chief is com8 pleted not later than December 31, 1999:

9 (1) NOME HARBOR IMPROVEMENTS, ALASKA.—

10 The project for navigation, Nome Harbor Improve11 ments, Alaska, at a total cost of $24,608,000, with

12 an estimated first Federal cost of $19,660,000 and

13 an estimated first non-Federal cost of $4,948,000.

14 (2) SEWARD HARBOR, ALASKA.—The project

15 for navigation, Seward Harbor, Alaska, at a total

16 cost of $12,240,000, with an estimated first Federal

17 cost of $4,364,000 and an estimated first non-Fed18 eral cost of $7,876,000.

19 (3) ARROYO PASAJERO, CALIFORNIA..—The

20 project for flood damage reduction, Arroyo Pasajero,

21 California, at a total cost of $260,700,000, with an

22 estimated first Federal cost of $170,100,000 and an

23 estimated first non-Federal cost of $90,600,000.

24 (4) HAMILTON AIRFIELD WETLAND RESTORA25 TION, CALIFORNIA.—The project for environmental
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1 restoration at Hamilton Airfield, California, at a

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

3 cost of $41,400,000 and an estimated non-Federal

4 cost of $13,800,000.

5 (5) OAKLAND, CALIFORNIA.—

6 (A) IN GENERAL.—The project for naviga7 tion and environmental restoration, Oakland,

8 California, at a total cost of $214,340,000, with

9 an estimated Federal cost of $143,450,000 and

10 an estimated non-Federal cost of $70,890,000.

11 (B) BERTHING AREAS AND OTHER LOCAL

12 SERVICE FACILITIES.—The non-Federal inter13 ests shall provide berthing areas and other local

14 service facilities necessary for the project at an

15 estimated cost of $42,310,000.

16 (6) SUCCESS DAM, TULE RIVER BASIN, CALI17 FORNIA.—The project for flood damage reduction

18 and water supply, Success Dam, Tule River basin,

19 California, at a total cost of $17,900,000, with an

20 estimated first Federal cost of $11,635,000 and an

21 estimated first non-Federal cost of $6,265,000.

22 (7) DELAWARE BAY COASTLINE: DELAWARE

23 AND NEW JERSEY-ROOSEVELT INLET-LEWES BEACH,

24 DELAWARE.—
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1 (A) IN GENERAL.—The project for naviga2 tion mitigation, shore protection, and hurricane

3 and storm damage reduction, Delaware Bay

4 coastline: Delaware and New Jersey-Roosevelt

5 Inlet-Lewes Beach, Delaware, at a total cost of

6 $3,393,000, with an estimated Federal cost of

7 $2,620,000 and an estimated non-Federal cost

8 of $773,000.

9 (B) PERIODIC NOURISHMENT.—Periodic

10 nourishment is authorized for a 50-year period

11 at an estimated average annual cost of

12 $196,000, with an estimated annual Federal

13 cost of $152,000 and an estimated annual non14 Federal cost of $44,000.

15 (8) DELAWARE COAST FROM CAPE HENELOPEN

16 TO FENWICK ISLAND, BETHANY BEACH/SOUTH

17 BETHANY BEACH, DELAWARE.—

18 (A) IN GENERAL.—The project for hurri19 cane and storm damage reduction and shore

20 protection, Delaware Coast from Cape

21 Henelopen to Fenwick Island, Bethany Beach/

22 South Bethany Beach, Delaware, at a total cost

23 of $22,205,000, with an estimated Federal cost

24 of $14,433,000 and an estimated non-Federal

25 cost of $7,772,000.
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1 (B) PERIODIC NOURISHMENT.—Periodic

2 nourishment is authorized for a 50-year period

3 at an estimated average annual cost of

4 $1,584,000, with an estimated annual Federal

5 cost of $1,030,000 and an estimated annual

6 non-Federal cost of $554,000.

7 (9) JACKSONVILLE HARBOR, FLORIDA.—The

8 project for navigation, Jacksonville Harbor, Florida,

9 at a total cost of $26,116,000, with an estimated

10 Federal cost of $9,129,000 and an estimated non11 Federal cost of $16,987,000.

12 (10) LITTLE TALBOT ISLAND, DUVAL COUNTY,

13 FLORIDA.—The project for hurricane and storm

14 damage prevention and shore protection, Little Tal15 bot Island, Duval County, Florida, at a total cost of

16 $5,915,000, with an estimated Federal cost of

17 $3,839,000 and an estimated non-Federal cost of

18 $2,076,000.

19 (11) PONCE DE LEON INLET, VOLUSIA COUNTY,

20 FLORIDA.—The project for navigation and recre21 ation, Ponce de Leon Inlet, Volusia County, Florida,

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

23 Federal cost of $2,988,000 and an estimated non24 Federal cost of $2,466,000.
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1 (12) SAVANNAH HARBOR EXPANSION, GEOR2 GIA.—

3 (A) IN GENERAL.—Subject to subpara4 graph (B), the Secretary may carry out the

5 project for navigation, Savannah Harbor expan6 sion, Georgia, substantially in accordance with

7 the plans, and subject to the conditions, rec8 ommended in a final report of the Chief of En9 gineers, with such modifications as the Sec10 retary deems appropriate, at a total cost of

11 $230,174,000 (of which amount a portion is au12 thorized for implementation of the mitigation

13 plan), with an estimated Federal cost of

14 $145,160,000 and an estimated non-Federal

15 cost of $85,014,000.

16 (B) CONDITIONS.—The project authorized

17 by subparagraph (A) may be carried out only

18 after—

19 (i) the Secretary, in consultation with

20 affected Federal, State, regional, and local

21 entities, has reviewed and approved an En22 vironmental Impact Statement that

23 includes—
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1 (I) an analysis of the impacts of

2 project depth alternatives ranging

3 from 42 feet through 48 feet; and

4 (II) a selected plan for navigation

5 and associated mitigation plan as re6 quired by section 906(a) of the Water

7 Resources Development Act of 1986

8 (33 U.S.C. 2283); and

9 (ii) the Secretary of the Interior, the

10 Secretary of Commerce, and the Adminis11 trator of the Environmental Protection

12 Agency, with the Secretary, have approved

13 the selected plan and have determined that

14 the mitigation plan adequately addresses

15 the potential environmental impacts of the

16 project.

17 (C) MITIGATION REQUIREMENTS.—The

18 mitigation plan shall be implemented in advance

19 of or concurrently with construction of the

20 project.

21 (13) TURKEY CREEK BASIN, KANSAS CITY, MIS22 SOURI AND KANSAS CITY, KANSAS.—The project for

23 flood damage reduction, Turkey Creek Basin, Kan24 sas City, Missouri, and Kansas City, Kansas, at a

25 total cost of $42,875,000 with an estimated Federal
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1 cost of $25,596,000 and an estimated non-Federal

2 cost of $17,279,000.

3 (14) DELAWARE BAY COASTLINE, OAKWOOD

4 BEACH, NEW JERSEY.—

5 (A) IN GENERAL.—The project for hurri6 cane and storm damage reduction, Delaware

7 Bay coastline, Oakwood Beach, New Jersey, at

8 a total cost of $3,380,000, with an estimated

9 Federal cost of $2,197,000 and an estimated

10 non-Federal cost of $1,183,000.

11 (B) PERIODIC NOURISHMENT.—Periodic

12 nourishment is authorized for a 50-year period

13 at an estimated average annual cost of $90,000,

14 with an estimated annual Federal cost of

15 $58,000 and an estimated annual non-Federal

16 cost of $32,000.

17 (15) DELAWARE BAY COASTLINE, REEDS

18 BEACH AND PIERCES POINT, NEW JERSEY.—The

19 project for environmental restoration, Delaware Bay

20 coastline, Reeds Beach and Pierces Point, New Jer21 sey, at a total cost of $4,057,000, with an estimated

22 Federal cost of $2,637,000 and an estimated non23 Federal cost of $1,420,000.

24 (16) DELAWARE BAY COASTLINE, VILLAS AND

25 VICINITY, NEW JERSEY.—The project for environ-
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1 mental restoration, Delaware Bay coastline, Villas

2 and vicinity, New Jersey, at a total cost of

3 $7,520,000, with an estimated Federal cost of

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

5 $2,632,000.

6 (17) LOWER CAPE MAY MEADOWS, CAPE MAY

7 POINT, NEW JERSEY.—

8 (A) IN GENERAL.—The project for naviga9 tion mitigation, ecosystem restoration, shore

10 protection, and hurricane and storm damage re11 duction, Lower Cape May Meadows, Cape May

12 Point, New Jersey, at a total cost of

13 $15,952,000, with an estimated Federal cost of

14 $12,118,000 and an estimated non-Federal cost

15 of $3,834,000.

16 (B) PERIODIC NOURISHMENT.—Periodic

17 nourishment is authorized for a 50-year period

18 at an estimated average annual cost of

19 $1,114,000, with an estimated annual Federal

20 cost of $897,000 and an estimated annual non21 Federal cost of $217,000.

22 (18) NEW JERSEY SHORE PROTECTION, BRIG23 ANTINE INLET TO GREAT EGG HARBOR, BRIGANTINE

24 ISLAND, NEW JERSEY.—
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1 (A) IN GENERAL.—The project for hurri2 cane and storm damage reduction and shore

3 protection, New Jersey Shore protection, Brig4 antine Inlet to Great Egg Harbor, Brigantine

5 Island, New Jersey, at a total cost of

6 $4,970,000, with an estimated Federal cost of

7 $3,230,000 and an estimated non-Federal cost

8 of $1,740,000.

9 (B) PERIODIC NOURISHMENT.—Periodic

10 nourishment is authorized for a 50-year period

11 at an estimated average annual cost of

12 $465,000, with an estimated annual Federal

13 cost of $302,000 and an estimated annual non14 Federal cost of $163,000.

15 (19) COLUMBIA RIVER CHANNEL DEEPENING,

16 OREGON AND WASHINGTON.—

17 (A) IN GENERAL.—The project for naviga18 tion, Columbia River channel deepening, Oregon

19 and Washington, at a total cost of

20 $176,700,000, with an estimated Federal cost

21 of $116,900,000 and an estimated non-Federal

22 cost of $59,800,000.

23 (B) BERTHING AREAS AND OTHER LOCAL

24 SERVICE FACILITIES.—The non-Federal inter25 ests shall provide berthing areas and other local
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1 service facilities necessary for the project at an

2 estimated cost of $1,200,000.

3 (20) MEMPHIS HARBOR, MEMPHIS, TEN4 NESSEE.—

5 (A) IN GENERAL.—Subject to subpara6 graph (B), the project for navigation, Memphis

7 Harbor, Memphis, Tennessee, authorized by

8 section 601(a) of the Water Resources Develop9 ment Act of 1986 (100 Stat. 4145) and de10 authorized under section 1001(a) of that Act

11 (33 U.S.C. 579a(a)) is authorized to be carried

12 out by the Secretary.

13 (B) CONDITION.—No construction may be

14 initiated unless the Secretary determines

15 through a general reevaluation report using

16 current data, that the project is technically

17 sound, environmentally acceptable, and eco18 nomically justified.

19 (21) JOHNSON CREEK, ARLINGTON, TEXAS.—

20 The project for flood damage reduction, environ21 mental restoration, and recreation, Johnson Creek,

22 Arlington, Texas, at a total cost of $20,300,000,

23 with an estimated Federal cost of $12,000,000 and

24 an estimated non-Federal cost of $8,300,000.
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1 (22) HOWARD HANSON DAM, WASHINGTON.—

2 The project for water supply and ecosystem restora3 tion, Howard Hanson Dam, Washington, at a total

4 cost of $75,600,000, with an estimated Federal cost

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

6 of $38,700,000.

7 SEC. 102. PROJECT MODIFICATIONS.

8 (a) PROJECTS WITH REPORTS.—

9 (1) SAN LORENZO RIVER, CALIFORNIA.—The

10 project for flood control, San Lorenzo River, Cali11 fornia, authorized by section 101(a)(5) of the Water

12 Resources Development Act of 1996 (110 Stat.

13 3663), is modified to authorize the Secretary to in14 clude as a part of the project streambank erosion

15 control measures to be undertaken substantially in

16 accordance with the report entitled ‘‘Bank Stabiliza17 tion Concept, Laurel Street Extension’’, dated April

18 23, 1998, at a total cost of $4,000,000, with an esti19 mated Federal cost of $2,600,000 and an estimated

20 non-Federal cost of $1,400,000.

21 (2) ST. JOHNS COUNTY SHORE PROTECTION,

22 FLORIDA.—

23 (A) IN GENERAL.—The project for hurri24 cane and storm damage reduction and shore

25 protection, St. Johns County, Florida, author-
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1 ized by section 501(a) of the Water Resources

2 Development Act of 1986 (100 Stat. 4133) is

3 modified to authorize the Secretary to include

4 navigation mitigation as a purpose of the

5 project in accordance with the report of the

6 Corps of Engineers dated November 18, 1998,

7 at a total cost of $16,086,000, with an esti8 mated Federal cost of $12,949,000 and an esti9 mated non-Federal cost of $3,137,000.

10 (B) PERIODIC NOURISHMENT.—Periodic

11 nourishment is authorized for a 50-year period

12 at an estimated average annual cost of

13 $1,251,000, with an estimated annual Federal

14 cost of $1,007,000 and an estimated annual

15 non-Federal cost of $244,000.

16 (3) WOOD RIVER, GRAND ISLAND, NEBRASKA.—

17 The project for flood control, Wood River, Grand Is18 land, Nebraska, authorized by section 101(a)(19) of

19 the Water Resources Development Act of 1996 (110

20 Stat. 3665) is modified to authorize the Secretary to

21 construct the project in accordance with the Corps

22 of Engineers report dated June 29, 1998, at a total

23 cost of $17,039,000, with an estimated Federal cost

24 of $9,730,000 and an estimated non-Federal cost of

25 $7,309,000.
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1 (4) ABSECON ISLAND, NEW JERSEY.—The

2 project for Absecon Island, New Jersey, authorized

3 by section 101(b)(13) of the Water Resources Devel4 opment Act of 1996 (110 Stat. 3668) is amended to

5 authorize the Secretary to reimburse the non-Fed6 eral interests for all work performed, consistent with

7 the authorized project.

8 (5) ARTHUR KILL, NEW YORK AND NEW JER9 SEY.—

10 (A) IN GENERAL.—The project for naviga11 tion, Arthur Kill, New York and New Jersey,

12 authorized by section 202(b) of the Water Re13 sources Development Act of 1986 (100 Stat.

14 4098) and modified by section 301(b)(11) of

15 the Water Resources Development Act of 1996

16 (110 Stat. 3711), is further modified to author17 ize the Secretary to construct the project at a

18 total cost of $276,800,000, with an estimated

19 Federal cost of $183,200,000 and an estimated

20 non-Federal cost of $93,600,000.

21 (B) BERTHING AREAS AND OTHER LOCAL

22 SERVICE FACILITIES.—The non-Federal inter23 ests shall provide berthing areas and other local

24 service facilities necessary for the project at an

25 estimated cost of $38,900,000.
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1 (6) WAURIKA LAKE, OKLAHOMA, WATER CON2 VEYANCE FACILITIES.—The requirement for the

3 Waurika Project Master Conservancy District to

4 repay the $2,900,000 in costs (including interest)

5 resulting from the October 1991 settlement of the

6 claim of the Travelers Insurance Company before

7 the United States Claims Court related to construc8 tion of the water conveyance facilities authorized by

9 the first section of Public Law 88–253 (77 Stat.

10 841) is waived.

11 (b) PROJECTS SUBJECT TO REPORTS.—The fol12 lowing projects are modified as follows, except that no

13 funds may be obligated to carry out work under such

14 modifications until completion of a final report by the

15 Chief of Engineers, as approved by the Secretary, finding

16 that such work is technically sound, environmentally ac17 ceptable, and economically justified, as applicable:

18 (1) FORT PIERCE SHORE PROTECTION, FLOR19 IDA.—

20 (A) IN GENERAL.—The Fort Pierce, Flor21 ida, shore protection and harbor mitigation

22 project authorized by section 301 of the River

23 and Harbor Act of 1965 (79 Stat. 1092) and

24 section 506(a)(2) of the Water Resources De25 velopment Act of 1996 (110 Stat. 3757) is
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1 modified to include an additional 1-mile exten2 sion of the project and increased Federal par3 ticipation in accordance with section 101(c) of

4 the Water Resources Development Act of 1986

5 (33 U.S.C. 2211(c)), as described in the general

6 reevaluation report approved by the Chief of

7 Engineers, at an estimated total cost of

8 $9,128,000, with an estimated Federal cost of

9 $7,074,000 and an estimated non-Federal cost

10 of $2,054,000.

11 (B) PERIODIC NOURISHMENT.—Periodic

12 nourishment is authorized for a 50-year period

13 for the modified project, at an estimated annual

14 cost of $559,000, with an estimated annual

15 Federal cost of $433,000 and an estimated an16 nual non-Federal cost of $126,000.

17 (2) THORNTON RESERVOIR, COOK COUNTY, IL18 LINOIS.—

19 (A) IN GENERAL.—The Thornton Res20 ervoir project, an element of the project for

21 flood control, Chicagoland Underflow Plan, Illi22 nois, authorized by section 3(a)(5) of the Water

23 Resources Development Act of 1988 (102 Stat.

24 4013), is modified to authorize the Secretary to

25 include additional permanent flood control stor-
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1 age attributable to the Natural Resources Con2 servation Service Thornton Reservoir (Structure

3 84), Little Calumet River Watershed, Illinois,

4 approved under the Watershed Protection and

5 Flood Prevention Act (16 U.S.C. 1001 et seq.).

6 (B) COST SHARING.—Costs for the Thorn7 ton Reservoir project shall be shared in accord8 ance with section 103 of the Water Resources

9 Development Act of 1986 (33 U.S.C. 2213).

10 (C) TRANSITIONAL STORAGE.—The Sec11 retary of Agriculture may cooperate with non12 Federal interests to provide, on a transitional

13 basis, flood control storage for the Natural Re14 sources Conservation Service Thornton Res15 ervoir (Structure 84) project in the west lobe of

16 the Thornton quarry.

17 (D) CREDITING.—The Secretary may cred18 it against the non-Federal share of the Thorn19 ton Reservoir project all design and construc20 tion costs incurred by the non-Federal interests

21 before the date of enactment of this Act.

22 (E) REEVALUATION REPORT.—The Sec23 retary shall determine the credits authorized by

24 subparagraph (D) that are integral to the

25 Thornton Reservoir project and the current
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1 total project costs based on a limited reevalua2 tion report.

3 (3) WELLS HARBOR, WELLS, MAINE.—

4 (A) IN GENERAL.—The project for naviga5 tion, Wells Harbor, Maine, authorized by sec6 tion 101 of the River and Harbor Act of 1960

7 (74 Stat. 480), is modified to authorize the

8 Secretary to realign the channel and anchorage

9 areas based on a harbor design capacity of 150

10 craft.

11 (B) DEAUTHORIZATION OF CERTAIN POR12 TIONS.—The following portions of the project

13 are not authorized after the date of enactment

14 of this Act:

15 (i) The portion of the 6-foot channel

16 the boundaries of which begin at a point

17 with coordinates N177,992.00,

18 E394,831.00, thence running south 83 de19 grees 58 minutes 14.8 seconds west 10.38

20 feet to a point N177,990.91, E394,820.68,

21 thence running south 11 degrees 46 min22 utes 47.7 seconds west 991.76 feet to a

23 point N177,020.04, E394,618.21, thence

24 running south 78 degrees 13 minutes 45.7

25 seconds east 10.00 feet to a point
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1 N177,018.00, E394,628.00, thence run2 ning north 11 degrees 46 minutes 22.8

3 seconds east 994.93 feet to the point of or4 igin.

5 (ii) The portion of the 6-foot anchor6 age the boundaries of which begin at a

7 point with coordinates N177,778.07,

8 E394,336.96, thence running south 51 de9 grees 58 minutes 32.7 seconds west 15.49

10 feet to a point N177,768.53, E394,324.76,

11 thence running south 11 degrees 46 min12 utes 26.5 seconds west 672.87 feet to a

13 point N177,109.82, E394,187.46, thence

14 running south 78 degrees 13 minutes 45.7

15 seconds east 10.00 feet to a point

16 N177,107.78, E394,197.25, thence run17 ning north 11 degrees 46 minutes 25.4

18 seconds east 684.70 feet to the point of or19 igin.

20 (iii) The portion of the 10-foot set21 tling basin the boundaries of which begin

22 at a point with coordinates N177,107.78,

23 E394,197.25, thence running north 78 de24 grees 13 minutes 45.7 seconds west 10.00

25 feet to a point N177,109.82, E394,187.46,
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1 thence running south 11 degrees 46 min2 utes 15.7 seconds west 300.00 feet to a

3 point N176,816.13, E394,126.26, thence

4 running south 78 degrees 12 minutes 21.4

5 seconds east 9.98 feet to a point

6 N176,814.09, E394,136.03, thence run7 ning north 11 degrees 46 minutes 29.1

8 seconds east 300.00 feet to the point of or9 igin.

10 (iv) The portion of the 10-foot settling

11 basin the boundaries of which begin at a

12 point with coordinates N177,018.00,

13 E394,628.00, thence running north 78 de14 grees 13 minutes 45.7 seconds west 10.00

15 feet to a point N177,020.04, E394,618.21,

16 thence running south 11 degrees 46 min17 utes 44.0 seconds west 300.00 feet to a

18 point N176,726.36, E394,556.97, thence

19 running south 78 degrees 12 minutes 30.3

20 seconds east 10.03 feet to a point

21 N176,724.31, E394,566.79, thence run22 ning north 11 degrees 46 minutes 22.4

23 seconds east 300.00 feet to the point of or24 igin.
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1 (C) REDESIGNATIONS AS PART OF THE 6-

2 FOOT ANCHORAGE.—The following portions of

3 the project shall be redesignated as part of the

4 6-foot anchorage:

5 (i) The portion of the 6-foot channel

6 the boundaries of which begin at a point

7 with coordinates N177,990.91,

8 E394,820.68, thence running south 83 de9 grees 58 minutes 40.8 seconds west 94.65

10 feet to a point N177,980.98, E394,726.55,

11 thence running south 11 degrees 46 min12 utes 22.4 seconds west 962.83 feet to a

13 point N177,038.40, E394,530.10, thence

14 running south 78 degrees 13 minutes 45.7

15 seconds east 90.00 feet to a point

16 N177,020.04, E394,618.21, thence run17 ning north 11 degrees 46 minutes 47.7

18 seconds east 991.76 feet to the point of or19 igin.

20 (ii) The portion of the 10-foot inner

21 harbor settling basin the boundaries of

22 which begin at a point with coordinates

23 N177,020.04, E394,618.21, thence run24 ning north 78 degrees 13 minutes 30.5

25 seconds west 160.00 feet to a point
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1 N177,052.69, E394,461.58, thence run2 ning south 11 degrees 46 minutes 45.4

3 seconds west 299.99 feet to a point

4 N176,759.02, E394,400.34, thence run5 ning south 78 degrees 13 minutes 17.9

6 seconds east 160 feet to a point

7 N176,726.36, E394,556.97, thence run8 ning north 11 degrees 46 minutes 44.0

9 seconds east 300.00 feet to the point of or10 igin.

11 (D) REDESIGNATION AS PART OF THE 6-

12 FOOT CHANNEL.—The following portion of the

13 project shall be redesignated as part of the 6-

14 foot channel: the portion the boundaries of

15 which begin at a point with coordinates

16 N178,102.26, E394,751.83, thence running

17 south 51 degrees 59 minutes 42.1 seconds west

18 526.51 feet to a point N177,778.07,

19 E394,336.96, thence running south 11 degrees

20 46 minutes 26.6 seconds west 511.83 feet to a

21 point N177,277.01, E394,232.52, thence run22 ning south 78 degrees 13 minutes 17.9 seconds

23 east 80.00 feet to a point N177,260.68,

24 E394,310.84, thence running north 11 degrees

25 46 minutes 24.8 seconds east 482.54 feet to a
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1 point N177,733.07, E394,409.30, thence run2 ning north 51 degrees 59 minutes 41.0 seconds

3 east 402.63 feet to a point N177,980.98,

4 E394,726.55, thence running north 11 degrees

5 46 minutes 27.6 seconds east 123.89 feet to the

6 point of origin.

7 (E) REALIGNMENT.—The portion of the

8 project described in subparagraph (D) shall be

9 realigned to include the area located south of

10 the inner harbor settling basin in existence on

11 the date of enactment of this Act beginning at

12 a point with coordinates N176,726.36,

13 E394,556.97, thence running north 78 degrees

14 13 minutes 17.9 seconds west 160.00 feet to a

15 point N176,759.02, E394,400.34, thence run16 ning south 11 degrees 47 minutes 03.8 seconds

17 west 45 feet to a point N176,714.97,

18 E394,391.15, thence running south 78 degrees

19 13 minutes 17.9 seconds 160.00 feet to a point

20 N176,682.31, E394,547.78, thence running

21 north 11 degrees 47 minutes 03.8 seconds east

22 45 feet to the point of origin.

23 (F) RELOCATION.—The Secretary may re24 locate the settling basin feature of the project

25 to the outer harbor between the jetties.
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1 (G) CONSERVATION EASEMENT.—The Sec2 retary of the Interior, acting through the Direc3 tor of the United States Fish and Wildlife Serv4 ice, may accept a conveyance of the right, but

5 not the obligation, to enforce a conservation

6 easement to be held by the State of Maine over

7 certain land owned by the town of Wells, Maine,

8 that is adjacent to the Rachel Carson National

9 Wildlife Refuge.

10 (4) NEW YORK HARBOR AND ADJACENT CHAN11 NELS, PORT JERSEY, NEW JERSEY.—

12 (A) IN GENERAL.—The project for naviga13 tion, New York Harbor and adjacent channels,

14 Port Jersey, New Jersey, authorized by section

15 201(b) of the Water Resources Development

16 Act of 1986 (100 Stat. 4091), is modified to

17 authorize the Secretary to construct the project

18 at a total cost of $102,545,000, with an esti19 mated Federal cost of $76,909,000 and an esti20 mated non-Federal cost of $25,636,000.

21 (B) BERTHING AREAS AND OTHER LOCAL

22 FACILITIES.—The non-Federal interests shall

23 provide berthing areas and other local service

24 facilities necessary for the project at an esti25 mated cost of $722,000.
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1 (5) WILLAMETTE RIVER TEMPERATURE CON2 TROL, MCKENZIE SUBBASIN, OREGON.—The project

3 for environmental restoration, Willamette River

4 Temperature Control, McKenzie Subbasin, Oregon,

5 authorized by section 101(a)(25) of the Water Re6 sources Development Act of 1996 (110 Stat. 3665),

7 is modified to authorize the Secretary to construct

8 the project at a total Federal cost of $64,741,000.

9 (6) WHITE RIVER BASIN, ARKANSAS AND MIS10 SOURI.—

11 (A) IN GENERAL.—The project for flood

12 control, power generation and other purposes at

13 the White River Basin, Arkansas and Missouri,

14 authorized by section 4 of the Act of June 28,

15 1938 (52 Stat. 1218, chapter 795), and modi16 fied by House Document 917, Seventy-sixth

17 Congress, Third Session, and House Document

18 290, Seventy-seventh Congress, First Session,

19 approved August 18, 1941, and House Docu20 ment 499, Eighty-third Congress, Second Ses21 sion, approved September 3, 1954, and by sec22 tion 304 of the Water Resources Development

23 Act of 1996 (110 Stat. 3711) is modified to au24 thorize the Secretary to provide minimum flows

25 necessary to sustain tail water trout fisheries by
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1 reallocating the following amounts of project

2 storage: Beaver Lake, 3.5 feet; Table Rock, 2

3 feet; Bull Shoals Lake, 5 feet; Norfork Lake,

4 3.5 feet; and Greers Ferry Lake, 3 feet. The

5 Secretary shall complete such report and sub6 mit it to the Congress by July 30, 2000.

7 (B) REPORT.—The report of the Chief of

8 Engineers, required by this subsection, shall

9 also include a determination that the modifica10 tion of the project in subparagraph (A) does

11 not adversely affect other authorized project

12 purposes, and that no Federal costs are in13 curred.

14 (c) BEAVER LAKE, ARKANSAS, WATER SUPPLY

15 STORAGE REALLOCATION.—The Secretary shall reallocate

16 approximately 31,000 additional acre-feet at Beaver Lake,

17 Arkansas, to water supply storage at no cost to the Beaver

18 Water District or the Carroll-Boone Water District, except

19 that at no time shall the bottom of the conservation pool

20 be at an elevation that is less than 1,076 feet, NGVD.

21 (d) TOLCHESTER CHANNEL S-TURN, BALTIMORE,

22 MARYLAND.—The project for navigation, Baltimore Har23 bor and Channels, Maryland, authorized by section 101

24 of the River and Harbor Act of 1958 (72 Stat. 297), is
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1 modified to direct the Secretary to straighten the

2 Tolchester Channel S-turn as part of project maintenance.

3 (e) TROPICANA WASH AND FLAMINGO WASH, NE4 VADA.—Any Federal costs associated with the Tropicana

5 and Flamingo Washes, Nevada, authorized by section

6 101(13) of the Water Resources Development Act of 1992

7 (106 Stat. 4803), incurred by the non-Federal interest to

8 accelerate or modify construction of the project, in co9 operation with the Corps of Engineers, shall be considered

10 to be eligible for reimbursement by the Secretary.

11 (f) REDIVERSION PROJECT, COOPER RIVER,

12 CHARLESTON HARBOR, SOUTH CAROLINA.—

13 (1) IN GENERAL.—The rediversion project,

14 Cooper River, Charleston Harbor, South Carolina,

15 authorized by section 101 of the River and Harbor

16 Act of 1968 (82 Stat. 731) and modified by title I

17 of the Energy and Water Development Appropria18 tions Act, 1992 (105 Stat. 517), is modified to au19 thorize the Secretary to pay the State of South

20 Carolina not more than $3,750,000, if the State en21 ters into an agreement with the Secretary providing

22 that the State shall perform all future operation of

23 the St. Stephen, South Carolina, fish lift (including

24 associated studies to assess the efficacy of the fish

25 lift).
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1 (2) CONTENTS.—The agreement shall specify

2 the terms and conditions under which payment will

3 be made and the rights of, and remedies available to,

4 the Secretary to recover all or a portion of the pay5 ment if the State suspends or terminates operation

6 of the fish lift or fails to perform the operation in

7 a manner satisfactory to the Secretary.

8 (3) MAINTENANCE.—Maintenance of the fish

9 lift shall remain a Federal responsibility.

10 (g) TRINITY RIVER AND TRIBUTARIES, TEXAS.—The

11 project for flood control and navigation, Trinity River and

12 tributaries, Texas, authorized by section 301 of the River

13 and Harbor Act of 1965 (79 Stat. 1091), is modified to

14 add environmental restoration as a project purpose.

15 (h) BEACH EROSION CONTROL AND HURRICANE

16 PROTECTION, VIRGINIA BEACH, VIRGINIA.—

17 (1) ACCEPTANCE OF FUNDS.—In any fiscal

18 year that the Corps of Engineers does not receive

19 appropriations sufficient to meet expected project ex20 penditures for that year, the Secretary shall accept

21 from the city of Virginia Beach, Virginia, for pur22 poses of the project for beach erosion control and

23 hurricane protection, Virginia Beach, Virginia, au24 thorized by section 501(a) of the Water Resources
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1 Development Act of 1986 (100 Stat. 4136), such

2 funds as the city may advance for the project.

3 (2) REPAYMENT.—Subject to the availability of

4 appropriations, the Secretary shall repay, without in5 terest, the amount of any advance made under para6 graph (1), from appropriations that may be provided

7 by Congress for river and harbor, flood control,

8 shore protection, and related projects.

9 (i) ELIZABETH RIVER, CHESAPEAKE, VIRGINIA.—

10 Notwithstanding any other provision of law, after the date

11 of enactment of this Act, the city of Chesapeake, Virginia,

12 shall not be obligated to make the annual cash contribu13 tion required under paragraph 1(9) of the Local Coopera14 tion Agreement dated December 12, 1978, between the

15 Government and the city for the project for navigation,

16 southern branch of Elizabeth River, Chesapeake, Virginia.

17 (j) PAYMENT OPTION, MOOREFIELD, WEST VIR18 GINIA.—The Secretary may permit the non-Federal inter19 ests for the project for flood control, Moorefield, West Vir20 ginia, to pay without interest the remaining non-Federal

21 cost over a period not to exceed 30 years, to be determined

22 by the Secretary.

23 (k) MIAMI DADE AGRICULTURAL AND RURAL LAND

24 RETENTION PLAN AND SOUTH BISCAYNE, FLORIDA.—

25 Section 528(b)(3) of the Water Resources Development
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1 Act of 1996 (110 Stat. 3768) is amended by adding at

2 the end the following:

3 ‘‘(D) CREDIT AND REIMBURSEMENT OF

4 PAST AND FUTURE ACTIVITIES.—The Secretary

5 may afford credit to or reimburse the non-Fed6 eral sponsors (using funds authorized by sub7 paragraph (C)) for the reasonable costs of any

8 work that has been performed or will be per9 formed in connection with a study or activity

10 meeting the requirements of subparagraph (A)

11 if—

12 ‘‘(i) the Secretary determines that—

13 ‘‘(I) the work performed by the

14 non-Federal sponsors will substan15 tially expedite completion of a critical

16 restoration project; and

17 ‘‘(II) the work is necessary for a

18 critical restoration project; and

19 ‘‘(ii) the credit or reimbursement is

20 granted pursuant to a project-specific

21 agreement that prescribes the terms and

22 conditions of the credit or reimburse23 ment.’’.

24 (l) LAKE MICHIGAN, ILLINOIS.—
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1 (1) IN GENERAL.—The project for storm dam2 age reduction and shoreline protection, Lake Michi3 gan, Illinois, from Wilmette, Illinois, to the Illinois4 Indiana State line, authorized by section 101(a)(12)

5 of the Water Resources Development Act of 1996

6 (110 Stat. 3664), is modified to provide for reim7 bursement for additional project work undertaken by

8 the non-Federal interest.

9 (2) CREDIT OR REIMBURSEMENT.—The Sec10 retary shall credit or reimburse the non-Federal in11 terest for the Federal share of project costs incurred

12 by the non-Federal interest in designing, con13 structing, or reconstructing reach 2F (700 feet

14 south of Fullerton Avenue and 500 feet north of

15 Fullerton Avenue), reach 3M (Meigs Field), and seg16 ments 7 and 8 of reach 4 (43rd Street to 57th

17 Street), if the non-Federal interest carries out the

18 work in accordance with plans approved by the Sec19 retary, at an estimated total cost of $83,300,000.

20 (3) REIMBURSEMENT.—The Secretary shall re21 imburse the non-Federal interest for the Federal

22 share of project costs incurred by the non-Federal

23 interest in reconstructing the revetment structures

24 protecting Solidarity Drive in Chicago, Illinois, be-
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1 fore the signing of the project cooperation agree2 ment, at an estimated total cost of $7,600,000.

3 (m) MEASUREMENTS OF LAKE MICHIGAN DIVER4 SIONS, ILLINOIS.—Section 1142(b) of the Water Re5 sources Development Act of 1986 (100 Stat. 4253) is

6 amended by striking ‘‘$250,000 per fiscal year for each

7 fiscal year beginning after September 30, 1986’’ and in8 serting ‘‘a total of $1,250,000 for each of fiscal years

9 1999 through 2003’’.

10 (n) PROJECT FOR NAVIGATION, DUBUQUE, IOWA.—

11 The project for navigation at Dubuque, Iowa, authorized

12 by section 101 of the River and Harbor Act of 1960 (74

13 Stat. 482), is modified to authorize the development of

14 a wetland demonstration area of approximately 1.5 acres

15 to be developed and operated by the Dubuque County His16 torical Society or a successor nonprofit organization.

17 (o) LOUISIANA STATE PENITENTIARY LEVEE.—The

18 Secretary may credit against the non-Federal share work

19 performed in the project area of the Louisiana State Peni20 tentiary Levee, Mississippi River, Louisiana, authorized by

21 section 401(a) of the Water Resources Development Act

22 of 1986 (100 Stat. 4117).

23 (p) JACKSON COUNTY, MISSISSIPPI.—The project for

24 environmental infrastructure, Jackson County, Mis25 sissippi, authorized by section 219(c)(5) of the Water Re-
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1 sources Development Act of 1992 (106 Stat. 4835) and

2 modified by section 504 of the Water Resources Develop3 ment Act of 1996 (110 Stat. 3757), is modified to direct

4 the Secretary to provide a credit, not to exceed

5 $5,000,000, against the non-Federal share of the cost of

6 the project for the costs incurred by the Jackson County

7 Board of Supervisors since February 8, 1994, in con8 structing the project, if the Secretary determines that such

9 costs are for work that the Secretary determines was com10 patible with and integral to the project.

11 (q) RICHARD B. RUSSELL DAM AND LAKE, SOUTH

12 CAROLINA.—

13 (1) IN GENERAL.—Except as otherwise pro14 vided in this paragraph, the Secretary shall convey

15 to the State of South Carolina all right, title, and

16 interest of the United States in the parcels of land

17 described in paragraph (2)(A) that are currently

18 being managed by the South Carolina Department

19 of Natural Resources for fish and wildlife mitigation

20 purposes for the Richard B. Russell Dam and Lake,

21 South Carolina, project authorized by the Flood

22 Control Act of 1966 and modified by the Water Re23 sources Development Act of 1986.

24 (2) LAND DESCRIPTION.—
49

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1 (A) IN GENERAL.—The parcels of land to

2 be conveyed are described in Exhibits A, F, and

3 H of Army Lease No. DACW21–1–93–0910

4 and associated supplemental agreements or are

5 designated in red in Exhibit A of Army License

6 No. DACW21–3–85–1904, excluding all des7 ignated parcels in the license that are below ele8 vation 346 feet mean sea level or that are less

9 than 300 feet measured horizontally from the

10 top of the power pool.

11 (B) MANAGEMENT OF EXCLUDED PAR12 CELS.—Management of the excluded parcels

13 shall continue in accordance with the terms of

14 Army License No. DACW21–3–85–1904 until

15 the Secretary and the State enter into an agree16 ment under paragraph (6).

17 (C) SURVEY.—The exact acreage and legal

18 description of the land shall be determined by

19 a survey satisfactory to the Secretary, with the

20 cost of the survey borne by the State.

21 (3) COSTS OF CONVEYANCE.—The State shall

22 be responsible for all costs, including real estate

23 transaction and environmental compliance costs, as24 sociated with the conveyance.

25 (4) PERPETUAL STATUS.—
50

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1 (A) IN GENERAL.—All land conveyed

2 under this paragraph shall be retained in public

3 ownership and shall be managed in perpetuity

4 for fish and wildlife mitigation purposes in ac5 cordance with a plan approved by the Secretary.

6 (B) REVERSION.—If any parcel of land is

7 not managed for fish and wildlife mitigation

8 purposes in accordance with the plan, title to

9 the parcel shall revert to the United States.

10 (5) ADDITIONAL TERMS AND CONDITIONS.—

11 The Secretary may require such additional terms

12 and conditions in connection with the conveyance as

13 the Secretary considers appropriate to protect the

14 interests of the United States.

15 (6) FISH AND WILDLIFE MITIGATION AGREE16 MENT.—

17 (A) IN GENERAL.—The Secretary may pay

18 the State of South Carolina not more than

19 $4,850,000 subject to the Secretary and the

20 State entering into a binding agreement for the

21 State to manage for fish and wildlife mitigation

22 purposes in perpetuity the lands conveyed under

23 this paragraph and excluded parcels designated

24 in Exhibit A of Army License No. DACW21–

25 3–85–1904.
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1 (B) FAILURE OF PERFORMANCE.—The

2 agreement shall specify the terms and condi3 tions under which payment will be made and

4 the rights of, and remedies available to, the

5 Federal Government to recover all or a portion

6 of the payment if the State fails to manage any

7 parcel in a manner satisfactory to the Sec8 retary.

9 (r) LAND CONVEYANCE, CLARKSTON, WASH10 INGTON.—

11 (1) IN GENERAL.—The Secretary shall convey

12 to the Port of Clarkston, Washington, all right, title,

13 and interest of the United States in and to a portion

14 of the land described in the Department of the Army

15 lease No. DACW68–1–97–22, consisting of approxi16 mately 31 acres, the exact boundaries of which shall

17 be determined by the Secretary and the Port of

18 Clarkston.

19 (2) ADDITIONAL LAND.—The Secretary may

20 convey to the Port of Clarkston, Washington, such

21 additional land located in the vicinity of Clarkston,

22 Washington, as the Secretary determines to be ex23 cess to the needs of the Columbia River Project and

24 appropriate for conveyance.
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1 (3) TERMS AND CONDITIONS.—The conveyances

2 made under paragraphs (1) and (2) shall be subject

3 to such terms and conditions as the Secretary deter4 mines to be necessary to protect the interests of the

5 United States, including a requirement that the Port

6 of Clarkston pay all administrative costs associated

7 with the conveyances, including the cost of land sur8 veys and appraisals and costs associated with com9 pliance with applicable environmental laws (includ10 ing regulations).

11 (4) USE OF LAND.—The Port of Clarkston

12 shall be required to pay the fair market value, as de13 termined by the Secretary, of any land conveyed

14 pursuant to paragraphs (1) and (2) that is not re15 tained in public ownership and used for public park

16 or recreation purposes, except that the Secretary

17 shall have a right of reverter to reclaim possession

18 and title to any such land.

19 (s) WHITE RIVER, INDIANA.—The project for flood

20 control, Indianapolis on West Fork of the White River,

21 Indiana, authorized by section 5 of the Act entitled ‘‘An

22 Act authorizing the construction of certain public works

23 on rivers and harbors for flood control, and other pur24 poses’’, approved June 22, 1936 (49 Stat. 1586, chapter

25 688), as modified by section 323 of the Water Resources
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1 Development Act of 1996 (110 Stat. 3716), is modified

2 to authorize the Secretary to undertake the riverfront al3 terations described in the Central Indianapolis Waterfront

4 Concept Plan, dated February 1994, for the Canal Devel5 opment (Upper Canal feature) and the Beveridge Paper

6 feature, at a total cost not to exceed $25,000,000, of

7 which $12,500,000 is the estimated Federal cost and

8 $12,500,000 is the estimated non-Federal cost, except

9 that no such alterations may be undertaken unless the

10 Secretary determines that the alterations authorized by

11 this subsection, in combination with the alterations under12 taken under section 323 of the Water Resources Develop13 ment Act of 1996 (110 Stat. 3716), are economically justi14 fied.

15 (t) FOX POINT HURRICANE BARRIER, PROVIDENCE,

16 RHODE ISLAND.—The project for hurricane-flood protec17 tion, Fox Point, Providence, Rhode Island, authorized by

18 section 203 of the Flood Control Act of 1958 (72 Stat.

19 306) is modified to direct the Secretary to undertake the

20 necessary repairs to the barrier, as identified in the Condi21 tion Survey and Technical Assessment dated April 1998

22 with Supplement dated August 1998, at a total cost of

23 $3,000,000, with an estimated Federal cost of $1,950,000

24 and an estimated non-Federal cost of $1,050,000.
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1 (u) LEE COUNTY, CAPTIVA ISLAND SEGMENT, FLOR2 IDA.—

3 (1) IN GENERAL.—The project for shoreline

4 protection, Lee County, Captiva Island segment,

5 Florida, authorized by section 506(b)(3)(A) of the

6 Water Resources Development Act of 1996 (110

7 Stat. 3758), is modified to direct the Secretary to

8 enter into an agreement with the non-Federal inter9 est to carry out the project in accordance with sec10 tion 206 of the Water Resources Development Act

11 of 1992 (33 U.S.C. 426i–1).

12 (2) DECISION DOCUMENT.—The design memo13 randum approved in 1996 shall be the decision docu14 ment supporting continued Federal participation in

15 cost sharing of the project.

16 (v) COLUMBIA RIVER CHANNEL, WASHINGTON AND

17 OREGON.—

18 (1) IN GENERAL.—The project for navigation,

19 Columbia River between Vancouver, Washington,

20 and The Dalles, Oregon, authorized by the first sec21 tion of the Act of July 24, 1946 (60 Stat. 637,

22 chapter 595), is modified to authorize the Secretary

23 to construct an alternate barge channel to traverse

24 the high span of the Interstate Route 5 bridge be25 tween Portland, Oregon, and Vancouver, Wash-
55

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1 ington, to a depth of 17 feet, with a width of ap2 proximately 200 feet through the high span of the

3 bridge and a width of approximately 300 feet up4 stream of the bridge.

5 (2) DISTANCE UPSTREAM.—The channel shall

6 continue upstream of the bridge approximately

7 2,500 feet to about river mile 107, then to a point

8 of convergence with the main barge channel at about

9 river mile 108.

10 (3) DISTANCE DOWNSTREAM.—

11 (A) SOUTHERN EDGE.—The southern edge

12 of the channel shall continue downstream of the

13 bridge approximately 1,500 feet to river mile

14 106+10, then turn northwest to tie into the

15 edge of the Upper Vancouver Turning Basin.

16 (B) NORTHERN EDGE.—The northern

17 edge of the channel shall continue downstream

18 of the bridge to the Upper Vancouver Turning

19 Basin.

20 SEC. 103. PROJECT DEAUTHORIZATIONS.

21 (a) BRIDGEPORT HARBOR, CONNECTICUT.—The por22 tion of the project for navigation, Bridgeport Harbor,

23 Connecticut, authorized by section 101 of the River and

24 Harbor Act of 1958 (72 Stat. 297), consisting of a 2.4-

25 acre anchorage area 9 feet deep and an adjacent 0.60-
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1 acre anchorage area 6 feet deep, located on the west side

2 of Johnsons River, Connecticut, is not authorized after the

3 date of enactment of this Act.

4 (b) BASS HARBOR, MAINE.—

5 (1) DEAUTHORIZATION.—The portions of the

6 project for navigation, Bass Harbor, Maine, author7 ized on May 7, 1962, under section 107 of the River

8 and Harbor Act of 1960 (33 U.S.C. 577) described

9 in paragraph (2) are not authorized after the date

10 of enactment of this Act.

11 (2) DESCRIPTION.—The portions of the project

12 referred to in paragraph (1) are described as follows:

13 (A) Beginning at a bend in the project,

14 N149040.00, E538505.00, thence running eas15 terly about 50.00 feet along the northern limit

16 of the project to a point, N149061.55,

17 E538550.11, thence running southerly about

18 642.08 feet to a point, N148477.64,

19 E538817.18, thence running southwesterly

20 about 156.27 feet to a point on the westerly

21 limit of the project, N148348.50, E538737.02,

22 thence running northerly about 149.00 feet

23 along the westerly limit of the project to a bend

24 in the project, N148489.22, E538768.09,

25 thence running northwesterly about 610.39 feet
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1 along the westerly limit of the project to the

2 point of origin.

3 (B) Beginning at a point on the westerly

4 limit of the project, N148118.55, E538689.05,

5 thence running southeasterly about 91.92 feet

6 to a point, N148041.43, E538739.07, thence

7 running southerly about 65.00 feet to a point,

8 N147977.86, E538725.51, thence running

9 southwesterly about 91.92 feet to a point on the

10 westerly limit of the project, N147927.84,

11 E538648.39, thence running northerly about

12 195.00 feet along the westerly limit of the

13 project to the point of origin.

14 (c) BOOTHBAY HARBOR, MAINE.—The project for

15 navigation, Boothbay Harbor, Maine, authorized by the

16 Act of July 25, 1912 (37 Stat. 201, chapter 253), is not

17 authorized after the date of enactment of this Act.

18 (d) CARVERS HARBOR, VINALHAVEN, MAINE.—

19 (1) DEAUTHORIZATION.—The portion of the

20 project for navigation, Carvers Harbor, Vinalhaven,

21 Maine, authorized by the Act of June 3, 1896 (com22 monly known as the ‘‘River and Harbor Appropria23 tions Act of 1896’’) (29 Stat. 202, chapter 314), de24 scribed in paragraph (2) is not authorized after the

25 date of enactment of this Act.
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1 (2) DESCRIPTION.—The portion of the project

2 referred to in paragraph (1) is the portion of the 16-

3 foot anchorage beginning at a point with coordinates

4 N137,502.04, E895,156.83, thence running south 6

5 degrees 34 minutes 57.6 seconds west 277.660 feet

6 to a point N137,226.21, E895,125.00, thence run7 ning north 53 degrees, 5 minutes 42.4 seconds west

8 127.746 feet to a point N137,302.92, E895022.85,

9 thence running north 33 degrees 56 minutes 9.8 sec10 onds east 239.999 feet to the point of origin.

11 (e) EAST BOOTHBAY HARBOR, MAINE.—Section 364

12 of the Water Resources Development Act of 1996 (110

13 Stat. 3731) is amended by striking paragraph (9) and in14 serting the following:

15 ‘‘(9) EAST BOOTHBAY HARBOR, MAINE.—The

16 project for navigation, East Boothbay Harbor,

17 Maine, authorized by the first section of the Act en18 titled ‘An Act making appropriations for the con19 struction, repair, and preservation of certain public

20 works on rivers and harbors, and for other pur21 poses’, approved June 25, 1910 (36 Stat. 657).’’.

22 (f) SEARSPORT HARBOR, SEARSPORT, MAINE.—

23 (1) DEAUTHORIZATION.—The portion of the

24 project for navigation, Searsport Harbor, Searsport,

25 Maine, authorized by section 101 of the River and
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1 Harbor Act of 1962 (76 Stat. 1173), described in

2 paragraph (2) is not authorized after the date of en3 actment of this Act.

4 (2) DESCRIPTION.—The portion of the project

5 referred to in paragraph (1) is the portion of the 35-

6 foot turning basin beginning at a point with coordi7 nates N225,008.38, E395,464.26, thence running

8 north 43 degrees 49 minutes 53.4 seconds east

9 362.001 feet to a point N225,269.52, E395,714.96,

10 thence running south 71 degrees 27 minutes 33.0

11 seconds east 1,309.201 feet to a point N224,853.22,

12 E396,956.21, thence running north 84 degrees 3

13 minutes 45.7 seconds west 1,499.997 feet to the

14 point of origin.

15 SEC. 104. STUDIES.

16 (a) CADDO LEVEE, RED RIVER BELOW DENISON

17 DAM, ARIZONA, LOUISIANA, OKLAHOMA, AND TEXAS.—

18 The Secretary shall conduct a study to determine the fea19 sibility of undertaking a project for flood control, Caddo

20 Levee, Red River Below Denison Dam, Arizona, Lou21 isiana, Oklahoma, and Texas, including incorporating the

22 existing levee, along Twelve Mile Bayou from its juncture

23 with the existing Red River Below Denison Dam Levee

24 approximately 26 miles upstream to its terminus at high

25 ground in the vicinity of Black Bayou, Louisiana.
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1 (b) BOYDSVILLE, ARKANSAS.—The Secretary shall

2 conduct a study to determine the feasibility of reservoir

3 and associated improvements to provide for flood control,

4 recreation, water quality, water supply, and fish and wild5 life purposes in the vicinity of Boydsville, Arkansas.

6 (c) UNION COUNTY, ARKANSAS.—The Secretary

7 shall conduct a study to determine the feasibility of munic8 ipal and industrial water supply for Union County, Arkan9 sas.

10 (d) WHITE RIVER BASIN, ARKANSAS AND MIS11 SOURI.—

12 (1) IN GENERAL.—The Secretary shall conduct

13 a study of the project for flood control, power gen14 eration, and other purposes at the White River

15 Basin, Arkansas and Missouri, authorized by section

16 4 of the Act of June 28, 1938 (52 Stat. 1218, chap17 ter 795), and modified by H. Doc. 917, 76th Cong.,

18 3d Sess., and H. Doc. 290, 77th Cong., 1st Sess.,

19 approved August 18, 1941, and H. Doc. 499, 83d

20 Cong., 2d Sess., approved September 3, 1954, and

21 by section 304 of the Water Resources Development

22 Act of 1996 (110 Stat. 3711) to determine the feasi23 bility of modifying the project to provide minimum

24 flows necessary to sustain the tail water trout fish25 eries.
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1 (2) REPORT.—Not later than July 30, 2000,

2 the Secretary shall submit to Congress a report on

3 the study and any recommendations on reallocation

4 of storage at Beaver Lake, Table Rock, Bull Shoals

5 Lake, Norfolk Lake, and Greers Ferry Lake.

6 (e) FIELDS LANDING CHANNEL, HUMBOLDT HAR7 BOR, CALIFORNIA.—The Secretary—

8 (1) shall conduct a study for the project for

9 navigation, Fields Landing Channel, Humboldt Har10 bor and Bay, California, to a depth of minus 35 feet

11 (MLLW), and for that purpose may use any feasi12 bility report prepared by the non-Federal sponsor

13 under section 203 of the Water Resources Develop14 ment Act of 1986 (33 U.S.C. 2231) for which reim15 bursement of the Federal share of the study is au16 thorized subject to the availability of appropriations;

17 and

18 (2) may carry out the project under section 107

19 of the River and Harbor Act of 1960 (33 U.S.C.

20 577), if the Secretary determines that the project is

21 feasible.

22 (f) FRAZIER CREEK, TULARE COUNTY, CALI23 FORNIA.—The Secretary shall conduct a study to

24 determine—
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1 (1) the feasibility of restoring Frazier Creek,

2 Tulare County, California; and

3 (2) the Federal interest in flood control, envi4 ronmental restoration, conservation of fish and wild5 life resources, recreation, and water quality of the

6 creek.

7 (g) STRAWBERRY CREEK, BERKELEY, CALI8 FORNIA.—The Secretary shall conduct a study to deter9 mine the feasibility of restoring Strawberry Creek, Berke10 ley, California, and the Federal interest in environmental

11 restoration, conservation of fish and wildlife resources,

12 recreation, and water quality.

13 (h) WEST SIDE STORM WATER RETENTION FACIL14 ITY, CITY OF LANCASTER, CALIFORNIA.—The Secretary

15 shall conduct a study to determine the feasibility of under16 taking measures to construct the West Side Storm Water

17 Retention Facility in the city of Lancaster, California.

18 (i) APALACHICOLA RIVER, FLORIDA.—The Secretary

19 shall conduct a study for the purpose of identifying—

20 (1) alternatives for the management of material

21 dredged in connection with operation and mainte22 nance of the Apalachicola River Navigation Project;

23 and

24 (2) alternatives that reduce the requirements

25 for such dredging.
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1 (j) BROWARD COUNTY, SAND BYPASSING AT PORT

2 EVERGLADES, FLORIDA.—The Secretary shall conduct a

3 study to determine the feasibility of constructing a sand

4 bypassing project at the Port Everglades Inlet, Florida.

5 (k) CITY OF DESTIN-NORIEGA POINT BREAKWATER,

6 FLORIDA.—The Secretary shall conduct a study to deter7 mine the feasibility of—

8 (1) restoring Noriega Point, Florida, to serve as

9 a breakwater for Destin Harbor; and

10 (2) including Noriega Point as part of the East

11 Pass, Florida, navigation project.

12 (l) GATEWAY TRIANGLE REDEVELOPMENT AREA,

13 FLORIDA.—

14 (1) IN GENERAL.—The Secretary shall conduct

15 a study to determine the feasibility of undertaking

16 measures to reduce the flooding problems in the vi17 cinity of Gateway Triangle Redevelopment Area,

18 Florida.

19 (2) STUDIES AND REPORTS.—The study shall

20 include a review and consideration of studies and re21 ports completed by the non-Federal interests.

22 (m) CITY OF PLANT CITY, FLORIDA.—

23 (1) IN GENERAL.—The Secretary shall conduct

24 a study to determine the feasibility of a flood control

25 project in the city of Plant City, Florida.
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1 (2) STUDIES AND REPORTS.—In conducting the

2 study, the Secretary shall review and consider stud3 ies and reports completed by the non-Federal inter4 ests.

5 (n) BOISE, IDAHO.—The Secretary shall conduct a

6 study to determine the feasibility of undertaking flood con7 trol on the Boise River in Boise, Idaho.

8 (o) GOOSE CREEK WATERSHED, OAKLEY, IDAHO.—

9 The Secretary shall conduct a study to determine the fea10 sibility of undertaking flood damage reduction, water con11 servation, ground water recharge, ecosystem restoration,

12 and related purposes along the Goose Creek watershed

13 near Oakley, Idaho.

14 (p) LITTLE WOOD RIVER, GOODING, IDAHO.—The

15 Secretary shall conduct a study to determine the feasibility

16 of restoring and repairing the Lava Rock Little Wood

17 River Containment System to prevent flooding in the city

18 of Gooding, Idaho.

19 (q) BANK STABILIZATION, SNAKE RIVER, LEWISTON,

20 IDAHO.—The Secretary shall conduct a study to deter21 mine the feasibility of undertaking bank stabilization and

22 flood control on the Snake River at Lewiston, Idaho.

23 (r) SNAKE RIVER AND PAYETTE RIVER, IDAHO.—

24 The Secretary shall conduct a study to determine the fea-
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1 sibility of a flood control project along the Snake River

2 and Payette River, in the vicinity of Payette, Idaho.

3 (s) ACADIANA NAVIGATION CHANNEL, LOUISIANA.—

4 The Secretary shall conduct a study to determine the fea5 sibility of assuming operations and maintenance for the

6 Acadiana Navigation Channel located in Iberia and

7 Vermillion Parishes, Louisiana.

8 (t) CAMERON PARISH WEST OF CALCASIEU RIVER,

9 LOUISIANA.—The Secretary shall conduct a study to de10 termine the feasibility of a storm damage reduction and

11 ecosystem restoration project for Cameron Parish west of

12 Calcasieu River, Louisiana.

13 (u) BENEFICIAL USE OF DREDGED MATERIAL,

14 COASTAL LOUISIANA.—The Secretary shall conduct a

15 study to determine the feasibility of using dredged mate16 rial from maintenance activities at Federal navigation

17 projects in coastal Louisiana to benefit coastal areas in

18 the State.

19 (v) CONTRABAND BAYOU NAVIGATION CHANNEL,

20 LOUISIANA.—The Secretary shall conduct a study to de21 termine the feasibility of assuming the maintenance at

22 Contraband Bayou, Calcasieu River Ship Canal, Lou23 isiana.

24 (w) GOLDEN MEADOW LOCK, LOUISIANA.—The Sec25 retary shall conduct a study to determine the feasibility
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1 of converting the Golden Meadow floodgate into a naviga2 tion lock to be included in the Larose to Golden Meadow

3 Hurricane Protection Project, Louisiana.

4 (x) GULF INTRACOASTAL WATERWAY ECOSYSTEM

5 PROTECTION, CHEF MENTEUR TO SABINE RIVER, LOU6 ISIANA.—

7 (1) IN GENERAL.—The Secretary shall conduct

8 a study to determine the feasibility of undertaking

9 ecosystem restoration and protection measures along

10 the Gulf Intracoastal Waterway from Chef Menteur

11 to Sabine River, Louisiana.

12 (2) MATTERS TO BE ADDRESSED.—The study

13 shall address saltwater intrusion, tidal scour, ero14 sion, compaction, subsidence, wind and wave action,

15 bank failure, and other problems relating to water

16 resources in the area.

17 (y) LAKE PONTCHARTRAIN, LOUISIANA, AND VICIN18 ITY, ST. CHARLES PARISH PUMPS.—The Secretary shall

19 conduct a study to determine the feasibility of modifying

20 the Lake Pontchartrain Hurricane Protection Project to

21 include the St. Charles Parish Pumps and the modifica22 tion of the seawall fronting protection along Lake Pont23 chartrain in Orleans Parish, from New Basin Canal on

24 the west to the Inner Harbor Navigation Canal on the

25 east.
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1 (z) LAKE PONTCHARTRAIN AND VICINITY SEAWALL

2 RESTORATION, LOUISIANA.—The Secretary shall conduct

3 a study to determine the feasibility of undertaking struc4 tural modifications of that portion of the seawall fronting

5 protection along the south shore of Lake Pontchartrain

6 in Orleans Parish, Louisiana, extending approximately 5

7 miles from the new basin Canal on the west to the Inner

8 Harbor Navigation Canal on the east as a part of the Lake

9 Pontchartrain and Vicinity Hurricane Protection Project,

10 authorized by section 204 of the Flood Control Act of

11 1965 (79 Stat. 1077).

12 (aa) MUDDY RIVER, BROOKLINE AND BOSTON, MAS13 SACHUSETTS.—

14 (1) IN GENERAL.—The Secretary shall evaluate

15 the January 1999 study commissioned by the Bos16 ton Parks and Recreation Department, Boston, Mas17 sachusetts, and entitled ‘‘The Emerald Necklace En18 vironmental Improvement Master Plan, Phase I

19 Muddy River Flood Control, Water Quality and

20 Habitat Enhancement’’, to determine whether the

21 plans outlined in the study for flood control, water

22 quality, habitat enhancements, and other improve23 ments to the Muddy River in Brookline and Boston,

24 Massachusetts, are cost-effective, technically sound,
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1 environmentally acceptable, and in the Federal inter2 est.

3 (2) REPORT.—Not later than December 31,

4 1999, the Secretary shall report to Congress the re5 sults of the evaluation.

6 (bb) DETROIT RIVER, MICHIGAN, GREENWAY COR7 RIDOR STUDY.—

8 (1) IN GENERAL.—The Secretary shall conduct

9 a study to determine the feasibility of a project for

10 shoreline protection, frontal erosion, and associated

11 purposes in the Detroit River shoreline area from

12 the Belle Isle Bridge to the Ambassador Bridge in

13 Detroit, Michigan.

14 (2) POTENTIAL MODIFICATIONS.—As a part of

15 the study, the Secretary shall review potential

16 project modifications to any existing Corps projects

17 within the same area.

18 (cc) ST. CLAIR SHORES FLOOD CONTROL, MICHI19 GAN.—The Secretary shall conduct a study to determine

20 the feasibility of constructing a flood control project at St.

21 Clair Shores, Michigan.

22 (dd) WOODTICK PENINSULA, MICHIGAN, AND TO23 LEDO HARBOR, OHIO.—The Secretary shall conduct a

24 study to determine the feasibility of utilizing dredged ma25 terial from Toledo Harbor, Ohio, to provide erosion reduc-
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1 tion, navigation, and ecosystem restoration at Woodtick

2 Peninsula, Michigan.

3 (ee) DREDGED MATERIAL MANAGEMENT,

4 PASCAGOULA HARBOR, MISSISSIPPI.—

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

6 a study to determine an alternative plan for dredged

7 material management for the Pascagoula River por8 tion of the project for navigation, Pascagoula Har9 bor, Mississippi, authorized by section 202(a) of the

10 Water Resources Development Act of 1986 (100

11 Stat. 4094).

12 (2) CONTENTS.—The study under paragraph

13 (1) shall—

14 (A) include an analysis of the feasibility of

15 expanding the Singing River Island Disposal

16 Area or constructing a new dredged material

17 disposal facility; and

18 (2) identify methods of managing and re19 ducing sediment transport into the Federal

20 navigation channel.

21 (ff) TUNICA LAKE WEIR, MISSISSIPPI.—

22 (1) IN GENERAL.—The Secretary shall conduct

23 a study to determine the feasibility of constructing

24 an outlet weir at Tunica Lake, Tunica County, Mis-
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1 sissippi, and Lee County, Arkansas, for the purpose

2 of stabilizing water levels in the Lake.

3 (2) ECONOMIC ANALYSIS.—In carrying out the

4 study, the Secretary shall include as a part of the

5 economic analysis the benefits derived from recre6 ation uses at the Lake and economic benefits associ7 ated with restoration of fish and wildlife habitat.

8 (gg) PROTECTIVE FACILITIES FOR THE ST. LOUIS,

9 MISSOURI, RIVERFRONT AREA.—

10 (1) STUDY.—The Secretary shall conduct a

11 study to determine the optimal plan to protect facili12 ties that are located on the Mississippi River river13 front within the boundaries of St. Louis, Missouri.

14 (2) REQUIREMENTS.—In conducting the study,

15 the Secretary shall—

16 (A) evaluate alternatives to offer safety

17 and security to facilities; and

18 (B) use state-of-the-art techniques to best

19 evaluate the current situation, probable solu20 tions, and estimated costs.

21 (3) REPORT.—Not later than April 15, 2000,

22 the Secretary shall submit to Congress a report on

23 the results of the study.

24 (hh) YELLOWSTONE RIVER, MONTANA.—
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1 (1) STUDY.—The Secretary shall conduct a

2 comprehensive study of the Yellowstone River from

3 Gardiner, Montana to the confluence of the Missouri

4 River to determine the hydrologic, biological, and so5 cioeconomic cumulative impacts on the river.

6 (2) CONSULTATION AND COORDINATION.—The

7 Secretary shall conduct the study in consultation

8 with the United States Fish and Wildlife Service,

9 the United States Geological Survey, and the Nat10 ural Resources Conservation Service and with the

11 full participation of the State of Montana and tribal

12 and local entities, and provide for public participa13 tion.

14 (3) REPORT.—Not later than 5 years after the

15 date of enactment of this Act, the Secretary shall

16 submit a report to Congress on the results of the

17 study.

18 (ii) LAS VEGAS VALLEY, NEVADA.—

19 (1) IN GENERAL.—The Secretary shall conduct

20 a comprehensive study of water resources located in

21 the Las Vegas Valley, Nevada.

22 (2) OBJECTIVES.—The study shall identify

23 problems and opportunities related to ecosystem res24 toration, water quality, particularly the quality of

25 surface runoff, water supply, and flood control.
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1 (jj) OSWEGO RIVER BASIN, NEW YORK.—The Sec2 retary shall conduct a study to determine the feasibility

3 of establishing a flood forecasting system within the

4 Oswego River basin, New York.

5 (kk) PORT OF NEW YORK-NEW JERSEY NAVIGATION

6 STUDY AND ENVIRONMENTAL RESTORATION STUDY.—

7 (1) NAVIGATION STUDY.—The Secretary shall

8 conduct a comprehensive study of navigation needs

9 at the Port of New York-New Jersey (including the

10 South Brooklyn Marine and Red Hook Container

11 Terminals, Staten Island, and adjacent areas) to ad12 dress improvements, including deepening of existing

13 channels to depths of 50 feet or greater, that are re14 quired to provide economically efficient and environ15 mentally sound navigation to meet current and fu16 ture requirements.

17 (2) ENVIRONMENTAL RESTORATION STUDY.—

18 The Secretary, acting through the Chief of Engi19 neers, shall review the report of the Chief of Engi20 neers on the New York Harbor, printed in the

21 House Management Plan of the Harbor Estuary

22 Program, and other pertinent reports concerning the

23 New York Harbor Region and the Port of New

24 York-New Jersey, to determine the Federal interest

25 in advancing harbor environmental restoration.
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1 (3) REPORT.—The Secretary may use funds

2 from the ongoing navigation study for New York

3 and New Jersey Harbor to complete a reconnais4 sance report for environmental restoration by De5 cember 31, 1999. The navigation study to deepen

6 New York and New Jersey Harbor shall consider

7 beneficial use of dredged material.

8 (ll) CLEVELAND HARBOR, CLEVELAND, OHIO.—The

9 Secretary shall conduct a study to determine the feasibility

10 of undertaking repairs and related navigation improve11 ments at Dike 14, Cleveland, Ohio.

12 (mm) CHAGRIN, OHIO.—

13 (1) IN GENERAL.—The Secretary shall conduct

14 a study to determine the feasibility of undertaking

15 flood damage reduction at Chagrin, Ohio.

16 (2) ICE RETENTION STRUCTURE.—In con17 ducting the study, the Secretary may consider con18 struction of an ice retention structure as a potential

19 means of providing flood damage reduction.

20 (nn) TOUSSAINT RIVER, CARROLL TOWNSHIP,

21 OHIO.—The Secretary shall conduct a study to determine

22 the feasibility of undertaking navigation improvements at

23 Toussaint River, Carroll Township, Ohio.

24 (oo) SANTEE DELTA WETLAND HABITAT, SOUTH

25 CAROLINA.—Not later than 18 months after the date of
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1 enactment of this Act, the Secretary shall complete a com2 prehensive study of the ecosystem in the Santee Delta

3 focus area of South Carolina to determine the feasibility

4 of undertaking measures to enhance the wetland habitat

5 in the area.

6 (pp) WACCAMAW RIVER, SOUTH CAROLINA.—The

7 Secretary shall conduct a study to determine the feasibility

8 of a flood control project for the Waccamaw River in

9 Horry County, South Carolina.

10 (qq) UPPER SUSQUEHANNA-LACKAWANNA, PENN11 SYLVANIA, WATERSHED MANAGEMENT AND RESTORA12 TION STUDY.—

13 (1) IN GENERAL.—The Secretary shall conduct

14 a study to determine the feasibility of a comprehen15 sive flood plain management and watershed restora16 tion project for the Upper Susquehanna-Lacka17 wanna Watershed, Pennsylvania.

18 (2) GEOGRAPHIC INFORMATION SYSTEM.—In

19 conducting the study, the Secretary shall use a geo20 graphic information system.

21 (3) PLANS.—The study shall formulate plans

22 for comprehensive flood plain management and envi23 ronmental restoration.

24 (4) CREDITING.—Non-Federal interests may re25 ceive credit for in-kind services and materials that
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1 contribute to the study. The Secretary may credit

2 non-Corps Federal assistance provided to the non3 Federal interest toward the non-Federal share of

4 study costs to the maximum extent authorized by

5 law.

6 (rr) CONTAMINATED DREDGED MATERIAL AND

7 SEDIMENT MANAGEMENT, SOUTH CAROLINA COASTAL

8 AREAS.—

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

10 pertinent reports and conduct other studies and field

11 investigations to determine the best available science

12 and methods for management of contaminated

13 dredged material and sediments in the coastal areas

14 of South Carolina.

15 (2) FOCUS.—In carrying out subsection (a), the

16 Secretary shall place particular focus on areas where

17 the Corps of Engineers maintains deep draft naviga18 tion projects, such as Charleston Harbor, George19 town Harbor, and Port Royal, South Carolina.

20 (3) COOPERATION.—The studies shall be con21 ducted in cooperation with the appropriate Federal

22 and State environmental agencies.

23 (ss) NIOBRARA RIVER AND MISSOURI RIVER SEDI24 MENTATION STUDY, SOUTH DAKOTA.—The Secretary

25 shall conduct a study of the Niobrara River watershed and
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1 the operations of Fort Randall Dam and Gavins Point

2 Dam on the Missouri River to determine the feasibility

3 of alleviating the bank erosion, sedimentation, and related

4 problems in the lower Niobrara River and the Missouri

5 River below Fort Randall Dam.

6 (tt) SANTA CLARA RIVER, UTAH.—

7 (1) IN GENERAL.—The Secretary shall conduct

8 a study to determine the feasibility of undertaking

9 measures to alleviate damage caused by flooding,

10 bank erosion, and sedimentation along the watershed

11 of the Santa Clara River, Utah, above the Gunlock

12 Reservoir.

13 (2) CONTENTS.—The study shall include an

14 analysis of watershed conditions and water quality,

15 as related to flooding and bank erosion, along the

16 Santa Clara River in the vicinity of the town of

17 Gunlock, Utah.

18 (uu) MOUNT ST. HELENS ENVIRONMENTAL RES19 TORATION, WASHINGTON.—

20 (1) IN GENERAL.—The Secretary shall conduct

21 a study to determine the feasibility of ecosystem res22 toration improvements throughout the Cowlitz and

23 Toutle River basins, Washington, including the

24 6,000 acres of wetland, riverine, riparian, and up25 land habitats lost or altered due to the eruption of
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1 Mount St. Helens in 1980 and subsequent emer2 gency actions.

3 (2) REQUIREMENTS.—In carrying out the

4 study, the Secretary shall—

5 (A) work in close coordination with local

6 governments, watershed entities, the State of

7 Washington, and other Federal agencies; and

8 (B) place special emphasis on—

9 (i) conservation and restoration strat10 egies to benefit species that are listed or

11 proposed for listing as threatened or en12 dangered species under the Endangered

13 Species Act of 1973 (16 U.S.C. 1531 et

14 seq.); and

15 (ii) other watershed restoration objec16 tives.

17 (vv) AGAT SMALL BOAT HARBOR, GUAM.—The Sec18 retary shall conduct a study to determine the feasibility

19 of undertaking the repair and reconstruction of Agat

20 Small Boat Harbor, Guam, including the repair of existing

21 shore protection measures and construction or a revetment

22 of the breakwater seawall.

23 (ww) APRA HARBOR SEAWALL, GUAM.—The Sec24 retary shall conduct a study to determine the feasibility

25 of undertaking measures to repair, upgrade, and extend
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1 the seawall protecting Apra Harbor, Guam, and to ensure

2 continued access to the harbor via Route 11B.

3 (xx) APRA HARBOR FUEL PIERS, GUAM.—The Sec4 retary shall conduct a study to determine the feasibility

5 of undertaking measures to upgrade the piers and fuel

6 transmission lines at the fuel piers in the Apra Harbor,

7 Guam, and measures to provide for erosion control and

8 protection against storm damage.

9 (yy) MAINTENANCE DREDGING OF HARBOR PIERS,

10 GUAM.—The Secretary shall conduct a study to determine

11 the feasibility of Federal maintenance of areas adjacent

12 to piers at harbors in Guam, including Apra Harbor, Agat

13 Harbor, and Agana Marina.

14 (zz) ALTERNATIVE WATER SOURCES STUDY.—

15 (1) IN GENERAL.—The Administrator of the

16 Environmental Protection Agency shall conduct a

17 study of the water supply needs of States that are

18 not currently eligible for assistance under title XVI

19 of the Reclamation Projects Authorization and Ad20 justment Act of 1992 (43 U.S.C. 390h et seq.).

21 (2) REQUIREMENTS.—The study shall—

22 (A) identify the water supply needs (in23 cluding potable, commercial, industrial, rec24 reational and agricultural needs) of each State

25 described in paragraph (1) through 2020, mak-
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1 ing use of such State, regional, and local plans,

2 studies, and reports as are available;

3 (B) evaluate the feasibility of various alter4 native water source technologies such as reuse

5 and reclamation of wastewater and stormwater

6 (including indirect potable reuse), aquifer stor7 age and recovery, and desalination to meet the

8 anticipated water supply needs of the States;

9 and

10 (C) assess how alternative water sources

11 technologies can be utilized to meet the identi12 fied needs.

13 (3) REPORT.—The Administrator shall report

14 to Congress on the results of the study not more

15 than 180 days after the date of enactment of this

16 Act.

17 (aaa) GREAT LAKES NAVIGATIONAL SYSTEM.—In

18 consultation with the St. Lawrence Seaway Development

19 Corporation, the Secretary shall review the Great Lakes

20 Connecting Channel and Harbors Report dated March

21 1985 to determine the feasibility of any modification of

22 the recommendations made in the report to improve com23 mercial navigation on the Great Lakes navigation system,

24 including locks, dams, harbors, ports, channels, and other

25 related features.
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1 TITLE II—GENERAL PROVISIONS

2 SEC. 201. FLOOD HAZARD MITIGATION AND RIVERINE ECO3 SYSTEM RESTORATION PROGRAM.

4 (a) IN GENERAL.—

5 (1) AUTHORIZATION.—The Secretary may carry

6 out a program to reduce flood hazards and restore

7 the natural functions and values of riverine eco8 systems throughout the United States.

9 (2) STUDIES.—In carrying out the program,

10 the Secretary shall conduct studies to identify appro11 priate flood damage reduction, conservation, and

12 restoration measures and may design and implement

13 watershed management and restoration projects.

14 (3) PARTICIPATION.—The studies and projects

15 carried out under the program shall be conducted, to

16 the extent practicable, with the full participation of

17 the appropriate Federal agencies, including the De18 partment of Agriculture, the Federal Emergency

19 Management Agency, the Department of the Inte20 rior, the Environmental Protection Agency, and the

21 Department of Commerce.

22 (4) NONSTRUCTURAL APPROACHES.—The stud23 ies and projects shall, to the extent practicable, em24 phasize nonstructural approaches to preventing or

25 reducing flood damages.
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1 (b) COST-SHARING REQUIREMENTS.—

2 (1) STUDIES.—The cost of studies conducted

3 under subsection (a) shall be shared in accordance

4 with section 105 of the Water Resources Develop5 ment Act of 1986 (33 Stat. 2215).

6 (2) PROJECTS.—The non-Federal interests

7 shall pay 35 percent of the cost of any project car8 ried out under this section.

9 (3) IN-KIND CONTRIBUTIONS.—The non-Fed10 eral interests shall provide all land, easements,

11 rights-of-way, dredged material disposal areas, and

12 relocations necessary for the projects. The value of

13 the land, easements, rights-of-way, dredged material

14 disposal areas, and relocations shall be credited to15 ward the payment required under this subsection.

16 (4) RESPONSIBILITIES OF THE NON-FEDERAL

17 INTERESTS.—The non-Federal interests shall be re18 sponsible for all costs associated with operating,

19 maintaining, replacing, repairing, and rehabilitating

20 all projects carried out under this section.

21 (c) PROJECT JUSTIFICATION.—

22 (1) IN GENERAL.—The Secretary may imple23 ment a project under this section if the Secretary

24 determines that the project—
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1 (A) will significantly reduce potential flood

2 damages;

3 (B) will improve the quality of the environ4 ment; and

5 (C) is justified considering all costs and

6 beneficial outputs of the project.

7 (2) SELECTION CRITERIA; POLICIES AND PRO8 CEDURES.—Not later than 180 days after the date

9 of enactment of this Act, the Secretary shall—

10 (A) develop criteria for selecting and rating

11 the projects to be carried out as part of the

12 program authorized by this section; and

13 (B) establish policies and procedures for

14 carrying out the studies and projects under15 taken under this section.

16 (d) REPORTING REQUIREMENT.—The Secretary may

17 not implement a project under this section until—

18 (1) the Secretary provides to the Committee on

19 Environment and Public Works of the Senate and

20 the Committee on Transportation and Infrastructure

21 of the House of Representatives a written notifica22 tion describing the project and the determinations

23 made under subsection (c); and
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1 (2) a period of 21 calendar days has expired

2 following the date on which the notification was re3 ceived by the Committees.

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

5 the Secretary shall examine the potential for flood damage

6 reductions at appropriate locations, including—

7 (1) Los Angeles County drainage area, Cali8 fornia;

9 (2) Napa River Valley watershed, California;

10 (3) Le May, Missouri;

11 (4) the upper Delaware River basin, New York;

12 (5) Mill Creek, Cincinnati, Ohio;

13 (6) Tillamook County, Oregon;

14 (7) Willamette River basin, Oregon;

15 (8) Delaware River, Pennsylvania;

16 (9) Schuylkill River, Pennsylvania; and

17 (10) Providence County, Rhode Island.

18 (f) PER-PROJECT LIMITATION.—Not more than

19 $25,000,000 in Army Civil Works appropriations may be

20 expended on any single project undertaken under this sec21 tion.

22 (g) AUTHORIZATION OF APPROPRIATIONS.—

23 (1) IN GENERAL.—There is authorized to be

24 appropriated to carry out this section $75,000,000

25 for the period of fiscal years 2000 and 2001.
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1 (2) PROGRAM FUNDING LEVELS.—All studies

2 and projects undertaken under this authority from

3 Army Civil Works appropriations shall be fully fund4 ed within the program funding levels provided in this

5 subsection.

6 SEC. 202. SHORE PROTECTION.

7 Section 103(d) of the Water Resources Development

8 Act of 1986 (33 U.S.C. 2213(d)) is amended—

9 (1) by striking ‘‘Costs of constructing’’ and in10 serting the following:

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

12 and

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

14 ‘‘(2) PERIODIC NOURISHMENT.—In the case of

15 a project authorized for construction after December

16 31, 1999, or for which a feasibility study is com17 pleted after that date, the non-Federal cost of the

18 periodic nourishment of projects or measures for

19 shore protection or beach erosion control shall be 50

20 percent, except that—

21 ‘‘(A) all costs assigned to benefits to pri22 vately owned shores (where use of such shores

23 is limited to private interests) or to prevention

24 of losses of private land shall be borne by non25 Federal interests; and
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1 ‘‘(B) all costs assigned to the protection of

2 federally owned shores shall be borne by the

3 United States.’’.

4 SEC. 203. SMALL FLOOD CONTROL AUTHORITY.

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

6 U.S.C. 701s) is amended—

7 (1) in the first sentence, by striking ‘‘construc8 tion of small projects’’ and inserting ‘‘implementa9 tion of small structural and nonstructural projects’’;

10 and

11 (2) in the third sentence, by striking

12 ‘‘$5,000,000’’ and inserting ‘‘$7,000,000’’.

13 SEC. 204. USE OF NON-FEDERAL FUNDS FOR COMPILING

14 AND DISSEMINATING INFORMATION ON

15 FLOODS AND FLOOD DAMAGES.

16 Section 206(b) of the Flood Control Act of 1960 (33

17 U.S.C. 709a(b)) is amended in the third sentence by in18 serting before the period at the end the following: ‘‘, but

19 the Secretary of the Army may accept funds voluntarily

20 contributed by such entities for the purpose of expanding

21 the scope of the services requested by the entities’’.

22 SEC. 205. AQUATIC ECOSYSTEM RESTORATION.

23 Section 206(c) of the Water Resources Development

24 Act of 1996 (33 U.S.C. 2330(c)) is amended—
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1 (1) by striking ‘‘Construction’’ and inserting

2 the following:

3 ‘‘(1) IN GENERAL.—Construction’’; and

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

5 ‘‘(2) NONPROFIT ENTITIES.—Notwithstanding

6 section 221 of the Flood Control Act of 1970 (42

7 U.S.C. 1962d–5b), for any project carried out under

8 this section, a non-Federal interest may include a

9 nonprofit entity, with the consent of the affected

10 local government.’’.

11 SEC. 206. BENEFICIAL USES OF DREDGED MATERIAL.

12 Section 204 of the Water Resources Development Act

13 of 1992 (33 U.S.C. 2326) is amended by adding at the

14 end the following:

15 ‘‘(g) NONPROFIT ENTITIES.—Notwithstanding sec16 tion 221 of the Flood Control Act of 1970 (42 U.S.C.

17 1962d–5b), for any project carried out under this section,

18 a non-Federal interest may include a nonprofit entity, with

19 the consent of the affected local government.’’.

20 SEC. 207. VOLUNTARY CONTRIBUTIONS BY STATES AND PO21 LITICAL SUBDIVISIONS.

22 Section 5 of the Act of June 22, 1936 (33 U.S.C.

23 701h), is amended by inserting ‘‘or environmental restora24 tion’’ after ‘‘flood control’’.
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1 SEC. 208. RECREATION USER FEES.

2 (a) WITHHOLDING OF AMOUNTS.—

3 (1) IN GENERAL.—During fiscal years 1999

4 through 2002, the Secretary may withhold from the

5 special account established under section 4(i)(1)(A)

6 of the Land and Water Conservation Fund Act of

7 1965 (16 U.S.C. 460l–6a(i)(1)(A)) 100 percent of

8 the amount of receipts above a baseline of

9 $34,000,000 per each fiscal year received from fees

10 imposed at recreation sites under the administrative

11 jurisdiction of the Department of the Army under

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

13 (2) USE.—The amounts withheld shall be re14 tained by the Secretary and shall be available, with15 out further Act of appropriation, for expenditure by

16 the Secretary in accordance with subsection (b).

17 (3) AVAILABILITY.—The amounts withheld

18 shall remain available until September 30, 2005.

19 (b) USE OF AMOUNTS WITHHELD.—In order to in20 crease the quality of the visitor experience at public rec21 reational areas and to enhance the protection of resources,

22 the amounts withheld under subsection (a) may be used

23 only for—

24 (1) repair and maintenance projects (including

25 projects relating to health and safety);

26 (2) interpretation;
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1 (3) signage;

2 (4) habitat or facility enhancement;

3 (5) resource preservation;

4 (6) annual operation (including fee collection);

5 (7) maintenance; and

6 (8) law enforcement related to public use.

7 (c) AVAILABILITY.—Each amount withheld by the

8 Secretary shall be available for expenditure, without fur9 ther Act of appropriation, at the specific project from

10 which the amount, above baseline, is collected.

11 SEC. 209. WATER RESOURCES DEVELOPMENT STUDIES FOR

12 THE PACIFIC REGION.

13 Section 444 of the Water Resources Development Act

14 of 1996 (110 Stat. 3747) is amended by striking ‘‘interest

15 of navigation’’ and inserting ‘‘interests of water resources

16 development (including navigation, flood damage reduc17 tion, and environmental restoration)’’.

18 SEC. 210. MISSOURI AND MIDDLE MISSISSIPPI RIVERS EN19 HANCEMENT PROJECT.

20 (a) DEFINITIONS.—In this section:

21 (1) MIDDLE MISSISSIPPI RIVER.—The term

22 ‘‘middle Mississippi River’’ means the reach of the

23 Mississippi River from the mouth of the Ohio River

24 (river mile 0, upper Mississippi River) to the mouth

25 of the Missouri River (river mile 195).
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1 (2) MISSOURI RIVER.—The term ‘‘Missouri

2 River’’ means the main stem and floodplain of the

3 Missouri River (including reservoirs) from its con4 fluence with the Mississippi River at St. Louis, Mis5 souri, to its headwaters near Three Forks, Montana.

6 (3) PROJECT.—The term ‘‘project’’ means the

7 project authorized by this section.

8 (b) PROTECTION AND ENHANCEMENT ACTIVITIES.—

9 (1) PLAN.—

10 (A) DEVELOPMENT.—Not later than 180

11 days after the date of enactment of this Act,

12 the Secretary shall develop a plan for a project

13 to protect and enhance fish and wildlife habitat

14 of the Missouri River and the middle Mis15 sissippi River.

16 (B) ACTIVITIES.—

17 (i) IN GENERAL.—The plan shall pro18 vide for such activities as are necessary to

19 protect and enhance fish and wildlife habi20 tat without adversely affecting—

21 (I) the water-related needs of the

22 region surrounding the Missouri River

23 and the middle Mississippi River, in24 cluding flood control, navigation,
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1 recreation, and enhancement of water

2 supply; and

3 (II) private property rights.

4 (ii) REQUIRED ACTIVITIES.—The plan

5 shall include—

6 (I) modification and improvement

7 of navigation training structures to

8 protect and enhance fish and wildlife

9 habitat;

10 (II) modification and creation of

11 side channels to protect and enhance

12 fish and wildlife habitat;

13 (III) restoration and creation of

14 island fish and wildlife habitat;

15 (IV) creation of riverine fish and

16 wildlife habitat;

17 (V) establishment of criteria for

18 prioritizing the type and sequencing of

19 activities based on cost-effectiveness

20 and likelihood of success; and

21 (VI) physical and biological moni22 toring for evaluating the success of

23 the project, to be performed by the

24 River Studies Center of the United
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1 States Geological Survey in Columbia,

2 Missouri.

3 (2) IMPLEMENTATION OF ACTIVITIES.—

4 (A) IN GENERAL.—Using funds made

5 available to carry out this section, the Secretary

6 shall carry out the activities described in the

7 plan.

8 (B) USE OF EXISTING AUTHORITY FOR

9 UNCONSTRUCTED FEATURES OF THE

10 PROJECT.—Using funds made available to the

11 Secretary under other law, the Secretary shall

12 design and construct any feature of the project

13 that may be carried out using the authority of

14 the Secretary to modify an authorized project,

15 if the Secretary determines that the design and

16 construction will—

17 (i) accelerate the completion of activi18 ties to protect and enhance fish and wild19 life habitat of the Missouri River or the

20 middle Mississippi River; and

21 (ii) be compatible with the project

22 purposes described in this section.

23 (c) INTEGRATION OF OTHER ACTIVITIES.—

24 (1) IN GENERAL.—In carrying out the activities

25 described in subsection (b), the Secretary shall inte-
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1 grate the activities with other Federal, State, and

2 tribal activities.

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

4 confers any new regulatory authority on any Federal

5 or non-Federal entity that carries out any activity

6 authorized by this section.

7 (d) PUBLIC PARTICIPATION.—In developing and car8 rying out the plan and the activities described in sub9 section (b), the Secretary shall provide for public review

10 and comment in accordance with applicable Federal law,

11 including—

12 (1) providing advance notice of meetings;

13 (2) providing adequate opportunity for public

14 input and comment;

15 (3) maintaining appropriate records; and

16 (4) compiling a record of the proceedings of

17 meetings.

18 (e) COMPLIANCE WITH APPLICABLE LAW.—In car19 rying out the activities described in subsections (b) and

20 (c), the Secretary shall comply with any applicable Federal

21 law, including the National Environmental Policy Act of

22 1969 (42 U.S.C. 4321 et seq.).

23 (f) COST SHARING.—

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

25 share of the cost of the project shall be 35 percent.
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1 (2) FEDERAL SHARE.—The Federal share of

2 the cost of any 1 activity described in subsection (b)

3 shall not exceed $5,000,000.

4 (3) OPERATION AND MAINTENANCE.—The op5 eration and maintenance of the project shall be a

6 non-Federal responsibility.

7 (g) AUTHORIZATION OF APPROPRIATIONS.—There is

8 authorized to be appropriated to pay the Federal share

9 of the cost of carrying out activities under this section

10 $30,000,000 for the period of fiscal years 2000 and 2001.

11 SEC. 211. OUTER CONTINENTAL SHELF.

12 (a) SAND, GRAVEL, AND SHELL.—Section 8(k)(2)(B)

13 of the Outer Continental Shelf Lands Act (43 U.S.C.

14 1337(k)(2)(B)) is amended in the second sentence by in15 serting before the period at the end the following: ‘‘or any

16 other non-Federal interest subject to an agreement en17 tered into under section 221 of the Flood Control Act of

18 1970 (42 U.S.C. 1962d–5b)’’.

19 (b) REIMBURSEMENT FOR LOCAL INTERESTS.—Any

20 amounts paid by non-Federal interests for beach erosion

21 control, hurricane protection, shore protection, or storm

22 damage reduction projects as a result of an assessment

23 under section 8(k) of the Outer Continental Shelf Lands

24 Act (43 U.S.C. 1337(k)) shall be fully reimbursed.
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1 SEC. 212. ENVIRONMENTAL DREDGING.

2 Section 312(f) of the Water Resources Development

3 Act of 1990 (33 U.S.C. 1272(f)) is amended by adding

4 at the end the following:

5 ‘‘(6) Snake Creek, Bixby, Oklahoma.

6 ‘‘(7) Willamette River, Oregon.’’.

7 SEC. 213. BENEFIT OF PRIMARY FLOOD DAMAGES AVOIDED

8 INCLUDED IN BENEFIT-COST ANALYSIS.

9 Section 308 of the Water Resources Development Act

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

11 (1) in the heading of subsection (a), by striking

12 ‘‘BENEFIT-COST ANALYSIS’’ and inserting ‘‘ELE13 MENTS EXCLUDED FROM COST-BENEFIT ANAL14 YSIS’’;

15 (2) by redesignating subsections (b) through (e)

16 as subsections (c) through (f), respectively;

17 (3) by inserting after subsection (a) the fol18 lowing:

19 ‘‘(b) ELEMENTS INCLUDED IN COST-BENEFIT ANAL20 YSIS.—The Secretary shall include primary flood damages

21 avoided in the benefit base for justifying Federal non22 structural flood damage reduction projects.’’; and

23 (4) in the first sentence of subsection (e) (as re24 designated by paragraph (2)), by striking ‘‘(b)’’ and

25 inserting ‘‘(d)’’.
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1 SEC. 214. CONTROL OF AQUATIC PLANT GROWTH.

2 Section 104(a) of the River and Harbor Act of 1958

3 (33 U.S.C. 610(a)) is amended in the first sentence by

4 striking ‘‘water-hyacinth, alligatorweed, Eurasian water

5 milfoil, melaleuca,’’ and inserting ‘‘Alligatorweed,

6 Aquaticum, Arundo Dona, Brazilian Elodea, Cabomba,

7 Melaleuca, Myrophyllum, Spicatum, Tarmarix, Water

8 Hyacinth,’’.

9 SEC. 215. ENVIRONMENTAL INFRASTRUCTURE.

10 Section 219(c) of the Water Resources Development

11 Act of 1992 (106 Stat. 4835) is amended by adding at

12 the end the following:

13 ‘‘(19) LAKE TAHOE, CALIFORNIA AND NE14 VADA.—Regional water system for Lake Tahoe,

15 California and Nevada.

16 ‘‘(20) LANCASTER, CALIFORNIA.—Fox Field In17 dustrial Corridor water facilities, Lancaster, Cali18 fornia.

19 ‘‘(21) SAN RAMON, CALIFORNIA.—San Ramon

20 Valley recycled water project, San Ramon, Cali21 fornia.’’.

22 SEC. 216. WATERSHED MANAGEMENT, RESTORATION, AND

23 DEVELOPMENT.

24 Section 503 of the Water Resources Development Act

25 of 1996 (110 Stat. 3756) is amended—

26 (1) in subsection (d)—
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1 (A) by striking paragraph (10) and insert2 ing the following:

3 ‘‘(10) Regional Atlanta Watershed, Atlanta,

4 Georgia, and Lake Lanier of Forsyth and Hall

5 Counties, Georgia.’’; and

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

7 ‘‘(14) Clear Lake watershed, California.

8 ‘‘(15) Fresno Slough watershed, California.

9 ‘‘(16) Hayward Marsh, Southern San Francisco

10 Bay watershed, California.

11 ‘‘(17) Kaweah River watershed, California.

12 ‘‘(18) Lake Tahoe watershed, California and

13 Nevada.

14 ‘‘(19) Malibu Creek watershed, California.

15 ‘‘(20) Truckee River basin, Nevada.

16 ‘‘(21) Walker River basin, Nevada.

17 ‘‘(22) Bronx River watershed, New York.

18 ‘‘(23) Catawba River watershed, North Caro19 lina.

20 ‘‘(24) Columbia Slough watershed, Oregon.’’;

21 (2) by redesignating subsection (e) as sub22 section (f); and

23 (3) by inserting after subsection (d) the fol24 lowing:
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1 ‘‘(e) NONPROFIT ENTITIES.—Notwithstanding sec2 tion 221(b) of the Flood Control Act of 1970 (42 U.S.C.

3 1962d–5b(b)), for any project undertaken under this sec4 tion, with the consent of the affected local government,

5 a non-Federal interest may include a nonprofit entity.’’.

6 SEC. 217. LAKES PROGRAM.

7 Section 602(a) of the Water Resources Development

8 Act of 1986 (100 Stat. 4148) is amended—

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

10 end;

11 (2) in paragraph (16), by striking the period at

12 the end; and

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

14 ‘‘(17) Clear Lake, Lake County, California, re15 moval of silt and aquatic growth and development of

16 a sustainable weed and algae management program;

17 ‘‘(18) Flints Pond, Hollis, New Hampshire, re18 moval of excessive aquatic vegetation; and

19 ‘‘(19) Osgood Pond, Milford, New Hampshire,

20 removal of excessive aquatic vegetation.’’.

21 SEC. 218. SEDIMENTS DECONTAMINATION POLICY.

22 Section 405 of the Water Resources Development Act

23 of 1992 (33 U.S.C. 2239 note; Public Law 102–580) is

24 amended—
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1 (1) in subsection (a), by adding at the end the

2 following:

3 ‘‘(4) PRACTICAL END-USE PRODUCTS.—Tech4 nologies selected for demonstration at the pilot scale

5 shall result in practical end-use products.

6 ‘‘(5) ASSISTANCE BY THE SECRETARY.—The

7 Secretary shall assist the project to ensure expedi8 tious completion by providing sufficient quantities of

9 contaminated dredged material to conduct the full10 scale demonstrations to stated capacity.’’; and

11 (2) in subsection (c), by striking the first sen12 tence and inserting the following: ‘‘There is author13 ized to be appropriated to carry out this section a

14 total of $22,000,000 to complete technology testing,

15 technology commercialization, and the development

16 of full scale processing facilities within the New

17 York/New Jersey Harbor.’’.

18 SEC. 219. DISPOSAL OF DREDGED MATERIAL ON BEACHES.

19 (a) IN GENERAL.—Section 145 of the Water Re20 sources Development Act of 1976 (33 U.S.C. 426j) is

21 amended in the first sentence by striking ‘‘50’’ and insert22 ing ‘‘35’’.

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

24 with the State of Ohio, other Great Lakes States, and po25 litical subdivisions of the States to fully implement and
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1 maximize beneficial reuse of dredged material as provided

2 under section 145 of the Water Resources Development

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

4 SEC. 220. FISH AND WILDLIFE MITIGATION.

5 Section 906(e) of the Water Resources Development

6 Act of 1986 (33 U.S.C. 2283(e)) is amended by inserting

7 after the second sentence the following: ‘‘Not more than

8 80 percent of the non-Federal share of such first costs

9 may be in kind, including a facility, supply, or service that

10 is necessary to carry out the enhancement project.’’.

11 SEC. 221. REIMBURSEMENT OF NON-FEDERAL INTEREST.

12 Section 211(e)(2)(A) of the Water Resources Devel13 opment Act of 1996 (33 U.S.C. 701b–13(e)(2)(A)) is

14 amended by striking ‘‘subject to amounts being made

15 available in advance in appropriations Acts’’ and inserting

16 ‘‘subject to the availability of appropriations’’.

17 SEC. 222. NATIONAL CONTAMINATED SEDIMENT TASK

18 FORCE.

19 (a) DEFINITION OF TASK FORCE.—In this section,

20 the term ‘‘Task Force’’ means the National Contaminated

21 Sediment Task Force established by section 502 of the

22 National Contaminated Sediment Assessment and Man23 agement Act (33 U.S.C. 1271 note; Public Law 102–580).
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1 (b) CONVENING.—The Secretary and the Adminis2 trator shall convene the Task Force not later than 90 days

3 after the date of enactment of this Act.

4 (c) REPORTING ON REMEDIAL ACTION.—

5 (1) IN GENERAL.—Not later than 1 year after

6 the date of enactment of this Act, the Task Force

7 shall submit to Congress a report on the status of

8 remedial actions at aquatic sites in the areas de9 scribed in paragraph (2).

10 (2) AREAS.—The report under paragraph (1)

11 shall address remedial actions in—

12 (A) areas of probable concern identified in

13 the survey of data regarding aquatic sediment

14 quality required by section 503(a) of the Na15 tional Contaminated Sediment Assessment and

16 Management Act (33 U.S.C. 1271);

17 (B) areas of concern within the Great

18 Lakes, as identified under section 118(f) of the

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

20 1268(f));

21 (C) estuaries of national significance iden22 tified under section 320 of the Federal Water

23 Pollution Control Act (33 U.S.C. 1330);
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1 (D) areas for which remedial action has

2 been authorized under any of the Water Re3 sources Development Acts; and

4 (E) as appropriate, any other areas where

5 sediment contamination is identified by the

6 Task Force.

7 (3) ACTIVITIES.—Remedial actions subject to

8 reporting under this subsection include remedial ac9 tions under—

10 (A) the Comprehensive Environmental Re11 sponse, Compensation, and Liability Act of

12 1980 (42 U.S.C. 9601 et seq.) or other Federal

13 or State law containing environmental remedi14 ation authority;

15 (B) any of the Water Resources Develop16 ment Acts;

17 (C) section 404 of the Federal Water Pol18 lution Control Act (33 U.S.C. 1344); or

19 (D) section 10 of the Act of March 3,

20 1899 (30 Stat. 1151, chapter 425).

21 (4) CONTENTS.—The report under paragraph

22 (1) shall provide, with respect to each remedial ac23 tion described in the report, a description of—

24 (A) the authorities and sources of funding

25 for conducting the remedial action;
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1 (B) the nature and sources of the sediment

2 contamination, including volume and concentra3 tion, where appropriate;

4 (C) the testing conducted to determine the

5 nature and extent of sediment contamination

6 and to determine whether the remedial action is

7 necessary;

8 (D) the action levels or other factors used

9 to determine that the remedial action is nec10 essary;

11 (E) the nature of the remedial action

12 planned or undertaken, including the levels of

13 protection of public health and the environment

14 to be achieved by the remedial action;

15 (F) the ultimate disposition of any mate16 rial dredged as part of the remedial action;

17 (G) the status of projects and the obstacles

18 or barriers to prompt conduct of the remedial

19 action; and

20 (H) contacts and sources of further infor21 mation concerning the remedial action.

22 SEC. 223. JOHN GLENN GREAT LAKES BASIN PROGRAM.

23 (a) STRATEGIC PLANS.—

24 (1) IN GENERAL.—Not later than 18 months

25 after the date of enactment of this Act, and every
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1 2 years thereafter, the Secretary shall report to Con2 gress on a plan for programs of the Corps of Engi3 neers in the Great Lakes basin.

4 (2) CONTENTS.—The plan shall include details

5 of the projected environmental and navigational

6 projects in the Great Lakes basin, including—

7 (A) navigational maintenance and oper8 ations for commercial and recreational vessels;

9 (B) environmental restoration activities;

10 (C) water level maintenance activities;

11 (D) technical and planning assistance to

12 States and remedial action planning commit13 tees;

14 (E) sediment transport analysis, sediment

15 management planning, and activities to support

16 prevention of excess sediment loadings;

17 (F) flood damage reduction and shoreline

18 erosion prevention;

19 (G) all other activities of the Corps of En20 gineers; and

21 (H) an analysis of factors limiting use of

22 programs and authorities of the Corps of Engi23 neers in existence on the date of enactment of

24 this Act in the Great Lakes basin, including the

25 need for new or modified authorities.
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1 (b) GREAT LAKES BIOHYDROLOGICAL INFORMA2 TION.—

3 (1) INVENTORY.—

4 (A) IN GENERAL.—Not later than 90 days

5 after the date of enactment of this Act, the Sec6 retary shall request each Federal agency that

7 may possess information relevant to the Great

8 Lakes biohydrological system to provide an in9 ventory of all such information in the posses10 sion of the agency.

11 (B) RELEVANT INFORMATION.—For the

12 purpose of subparagraph (A), relevant informa13 tion includes information on—

14 (i) ground and surface water hydrol15 ogy;

16 (ii) natural and altered tributary dy17 namics;

18 (iii) biological aspects of the system

19 influenced by and influencing water quan20 tity and water movement;

21 (iv) meteorological projections and

22 weather impacts on Great Lakes water lev23 els; and
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1 (v) other Great Lakes biohydrological

2 system data relevant to sustainable water

3 use management.

4 (2) REPORT.—

5 (A) IN GENERAL.—Not later than 18

6 months after the date of enactment of this Act,

7 the Secretary, in consultation with the States,

8 Indian tribes, and Federal agencies, and after

9 requesting information from the provinces and

10 the federal government of Canada, shall—

11 (i) compile the inventories of informa12 tion;

13 (ii) analyze the information for con14 sistency and gaps; and

15 (iii) submit to Congress, the Inter16 national Joint Commission, and the Great

17 Lakes States a report that includes rec18 ommendations on ways to improve the in19 formation base on the biohydrological dy20 namics of the Great Lakes ecosystem as a

21 whole, so as to support environmentally

22 sound decisions regarding diversions and

23 consumptive uses of Great Lakes water.

24 (B) RECOMMENDATIONS.—The rec25 ommendations in the report under subpara-
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1 graph (A) shall include recommendations relat2 ing to the resources and funds necessary for

3 implementing improvement of the information

4 base.

5 (C) CONSIDERATIONS.—In developing the

6 report under subparagraph (A), the Secretary,

7 in cooperation with the Secretary of State, the

8 Secretary of Transportation, and other relevant

9 agencies as appropriate, shall consider and re10 port on the status of the issues described and

11 recommendations made in—

12 (i) the Report of the International

13 Joint Commission to the Governments of

14 the United States and Canada under the

15 1977 reference issued in 1985; and

16 (ii) the 1993 Report of the Inter17 national Joint Commission to the Govern18 ments of Canada and the United States on

19 Methods of Alleviating Adverse Con20 sequences of Fluctuating Water Levels in

21 the Great Lakes St. Lawrence Basin.

22 (c) GREAT LAKES RECREATIONAL BOATING.—Not

23 later than 18 months after the date of enactment of this

24 Act, the Secretary shall, using information and studies in

25 existence on the date of enactment of this Act to the max-
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1 imum extent practicable, and in cooperation with the

2 Great Lakes States, submit to Congress a report detailing

3 the economic benefits of recreational boating in the Great

4 Lakes basin, particularly at harbors benefiting from oper5 ation and maintenance projects of the Corps of Engineers.

6 (d) COOPERATION.—In undertaking activities under

7 this section, the Secretary shall—

8 (1) encourage public participation; and

9 (2) cooperate, and, as appropriate, collaborate,

10 with Great Lakes States, tribal governments, and

11 Canadian federal, provincial, tribal governments.

12 (e) WATER USE ACTIVITIES AND POLICIES.—The

13 Secretary may provide technical assistance to the Great

14 Lakes States to develop interstate guidelines to improve

15 the consistency and efficiency of State-level water use ac16 tivities and policies in the Great Lakes basin.

17 (f) COST SHARING.—The Secretary may seek and ac18 cept funds from non-Federal entities to be used to pay

19 up to 25 percent of the cost of carrying out subsections

20 (b), (c), (d), and (e).

21 SEC. 224. PROJECTS FOR IMPROVEMENT OF THE ENVIRON22 MENT.

23 Section 1135(c) of the Water Resources Development

24 Act of 1986 (33 U.S.C. 2309a(c)) is amended—
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1 (1) by striking ‘‘The Secretary’’ and inserting

2 the following:

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

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

5 ‘‘(2) CONTROL OF SEA LAMPREY.—Congress

6 finds that—

7 ‘‘(A) the Great Lakes navigation system

8 has been instrumental in the spread of sea lam9 prey and the associated impacts to its fishery;

10 and

11 ‘‘(B) the use of the authority under this

12 subsection for control of sea lamprey at any

13 Great Lakes basin location is appropriate.’’.

14 SEC. 225. WATER QUALITY, ENVIRONMENTAL QUALITY,

15 RECREATION, FISH AND WILDLIFE, FLOOD

16 CONTROL, AND NAVIGATION.

17 (a) IN GENERAL.—The Secretary may investigate,

18 study, evaluate, and report on—

19 (1) water quality, environmental quality, recre20 ation, fish and wildlife, flood control, and navigation

21 in the western Lake Erie watershed, including the

22 watersheds of the Maumee River, Ottawa River, and

23 Portage River in the States of Indiana, Ohio, and

24 Michigan; and
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1 (2) measures to improve water quality, environ2 mental quality, recreation, fish and wildlife, flood

3 control, and navigation in the western Lake Erie

4 basin.

5 (b) COOPERATION.—In carrying out studies and in6 vestigations under subsection (a), the Secretary shall co7 operate with Federal, State, and local agencies and non8 governmental organizations to ensure full consideration of

9 all views and requirements of all interrelated programs

10 that those agencies may develop independently or in co11 ordination with the Corps of Engineers.

12 SEC. 226. IRRIGATION DIVERSION PROTECTION AND FISH13 ERIES ENHANCEMENT ASSISTANCE.

14 The Secretary may provide technical planning and

15 design assistance to non-Federal interests and may con16 duct other site-specific studies to formulate and evaluate

17 fish screens, fish passages devices, and other measures to

18 decrease the incidence of juvenile and adult fish inadvert19 ently entering into irrigation systems. Measures shall be

20 developed in cooperation with Federal and State resource

21 agencies and not impair the continued withdrawal of water

22 for irrigation purposes. In providing such assistance pri23 ority shall be given based on the objectives of the Endan24 gered Species Act, cost-effectiveness, and the potential for

25 reducing fish mortality. Non-Federal interests shall agree
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1 by contract to contribute 50 percent of the cost of such

2 assistance. Not more than one-half of such non-Federal

3 contribution may be made by the provision of services, ma4 terials, supplies, or other in-kind services. No construction

5 activities are authorized by this section. Not later than

6 2 years after the date of enactment of this section, the

7 Secretary shall report to Congress on fish mortality caused

8 by irrigation water intake devices, appropriate measures

9 to reduce mortality, the extent to which such measures

10 are currently being employed in the arid States, the con11 struction costs associated with such measures, and the ap12 propriate Federal role, if any, to encourage the use of such

13 measures.

14 SEC. 227. SMALL STORM DAMAGE REDUCTION PROJECTS.

15 Section 3 of the Act of August 13, 1946 (33 U.S.C.

16 426g), is amended by striking ‘‘$2,000,000’’ and inserting

17 ‘‘$3,000,000’’.

18 SEC. 228. SHORE DAMAGE PREVENTION OR MITIGATION.

19 Section 111 of the River and Harbor Act of 1968

20 (33 U.S.C. 426(i)) is amended—

21 (1) in the first sentence, by striking ‘‘The Sec22 retary’’ and inserting ‘‘(a) IN GENERAL.—The Sec23 retary’’;

24 (2) in the second sentence, by striking ‘‘The

25 costs’’ and inserting the following:
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1 ‘‘(b) COST SHARING.—The costs’’;

2 (3) in the third sentence—

3 (A) by striking ‘‘No such’’ and inserting

4 the following:

5 ‘‘(c) REQUIREMENT FOR SPECIFIC AUTHORIZA6 TION.—No such’’; and

7 (B) by striking ‘‘$2,000,000’’ and insert8 ing ‘‘$5,000,000’’; and

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

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

11 ‘‘(1) coordinate the implementation of the

12 measures under this section with other Federal and

13 non-Federal shore protection projects in the same

14 geographic area; and

15 ‘‘(2) to the extent practicable, combine mitiga16 tion projects with other shore protection projects in

17 the same area into a comprehensive regional

18 project.’’.

19 SEC. 229. ATLANTIC COAST OF NEW YORK.

20 Section 404(c) of the Water Resources Development

21 Act of 1992 (106 Stat. 4863) is amended by inserting

22 after ‘‘1997’’ the following: ‘‘and an additional total of

23 $2,500,000 for fiscal years thereafter’’.
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1 SEC. 230. ACCELERATED ADOPTION OF INNOVATIVE TECH2 NOLOGIES FOR CONTAMINATED SEDIMENTS.

3 Section 8 of the Water Resources Development Act

4 of 1988 (33 U.S.C. 2314) is amended—

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

6 subsections (c) and (d), respectively; and

7 (2) by inserting after subsection (a) the fol8 lowing:

9 ‘‘(b) ACCELERATED ADOPTION OF INNOVATIVE

10 TECHNOLOGIES FOR MANAGEMENT OF CONTAMINATED

11 SEDIMENTS.—

12 ‘‘(1) TEST PROJECTS.—The Secretary shall ap13 prove an appropriate number of projects to test,

14 under actual field conditions, innovative technologies

15 for environmentally sound management of contami16 nated sediments.

17 ‘‘(2) DEMONSTRATION PROJECTS.—The Sec18 retary may approve an appropriate number of

19 projects to demonstrate innovative technologies that

20 have been pilot tested under paragraph (1).

21 ‘‘(3) CONDUCT OF PROJECTS.—Each pilot

22 project under paragraph (1) and demonstration

23 project under paragraph (2) shall be conducted by a

24 university with proven expertise in the research and

25 development of contaminated sediment treatment
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1 technologies and innovative applications using waste

2 materials.’’.

3 SEC. 231. MISSISSIPPI RIVER COMMISSION.

4 Notwithstanding any other provision of law, a mem5 ber of the Mississippi River Commission (other than the

6 president of the Commission) shall receive annual pay of

7 $21,500.

8 SEC. 232. USE OF PRIVATE ENTERPRISES.

9 (a) INVENTORY AND REVIEW.—The Secretary shall

10 inventory and review all activities of the Corps of Engi11 neers that are not inherently governmental in nature in

12 accordance with the Federal Activities Inventory Reform

13 Act of 1998 (31 U.S.C. 501 note; Public Law 105–270).

14 (b) CONSIDERATIONS.—In determining whether to

15 commit to private enterprise the performance of architec16 tural or engineering services (including surveying and

17 mapping services), the Secretary shall take into consider18 ation professional qualifications as well as cost.

19 TITLE III—PROJECT-RELATED

20 PROVISIONS

21 SEC. 301. DREDGING OF SALT PONDS IN THE STATE OF

22 RHODE ISLAND.

23 The Secretary may acquire for the State of Rhode

24 Island a dredge and associated equipment with the capac-
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1 ity to dredge approximately 100 cubic yards per hour for

2 use by the State in dredging salt ponds in the State.

3 SEC. 302. UPPER SUSQUEHANNA RIVER BASIN, PENNSYL4 VANIA AND NEW YORK.

5 Section 567(a) of the Water Resources Development

6 Act of 1996 (110 Stat. 3787) is amended by adding at

7 the end the following:

8 ‘‘(3) The Chemung River watershed, New York,

9 at an estimated Federal cost of $5,000,000.’’.

10 SEC. 303. SMALL FLOOD CONTROL PROJECTS.

11 Section 102 of the Water Resources Development Act

12 of 1996 (110 Stat. 3668) is amended—

13 (1) by redesignating paragraphs (15) through

14 (22) as paragraphs (16) through (23), respectively;

15 (2) by inserting after paragraph (14) the fol16 lowing:

17 ‘‘(15) REPAUPO CREEK AND DELAWARE RIVER,

18 GLOUCESTER COUNTY, NEW JERSEY.—Project for

19 tidegate and levee improvements for Repaupo Creek

20 and the Delaware River, Gloucester County, New

21 Jersey.’’; and

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

23 ‘‘(24) IRONDEQUOIT CREEK, NEW YORK.—

24 Project for flood control, Irondequoit Creek water25 shed, New York.
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1 ‘‘(25) TIOGA COUNTY, PENNSYLVANIA.—Project

2 for flood control, Tioga River and Cowanesque River

3 and their tributaries, Tioga County, Pennsylvania.’’.

4 SEC. 304. SMALL NAVIGATION PROJECTS.

5 Section 104 of the Water Resources Development Act

6 of 1996 (110 Stat. 3669) is amended—

7 (1) by redesignating paragraphs (9) through

8 (12) as paragraphs (11) through (14), respectively;

9 and

10 (2) by inserting after paragraph (8) the fol11 lowing:

12 ‘‘(9) FORTESCUE INLET, DELAWARE BAY, NEW

13 JERSEY.—Project for navigation for Fortescue Inlet,

14 Delaware Bay, New Jersey.

15 ‘‘(10) BRADDOCK BAY, GREECE, NEW YORK.—

16 Project for navigation, Braddock Bay, Greece, New

17 York.’’.

18 SEC. 305. STREAMBANK PROTECTION PROJECTS.

19 (a) ARCTIC OCEAN, BARROW, ALASKA.—The Sec20 retary shall evaluate and, if justified under section 14 of

21 the Flood Control Act of 1946 (33 U.S.C. 701r), carry

22 out storm damage reduction and coastal erosion measures

23 at the town of Barrow, Alaska.

24 (b) SAGINAW RIVER, BAY CITY, MICHIGAN.—The

25 Secretary may construct appropriate control structures in
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1 areas along the Saginaw River in the city of Bay City,

2 Michigan, under authority of section 14 of the Flood Con3 trol Act of 1946 (33 Stat. 701r).

4 (c) YELLOWSTONE RIVER, BILLINGS, MONTANA.—

5 The streambank protection project at Coulson Park, along

6 the Yellowstone River, Billings, Montana, shall be eligible

7 for assistance under section 14 of the Flood Control Act

8 of 1946 (33 U.S.C. 701r).

9 (d) MONONGAHELA RIVER, POINT MARION, PENN10 SYLVANIA.—The Secretary shall evaluate and, if justified

11 under section 14 of the Flood Control Act of 1946 (33

12 U.S.C. 701r), carry out streambank erosion control meas13 ures along the Monongahela River at the borough of Point

14 Marion, Pennsylvania.

15 SEC. 306. AQUATIC ECOSYSTEM RESTORATION, SPRING16 FIELD, OREGON.

17 Under section 206 of the Water Resources Develop18 ment Act of 1996 (33 U.S.C. 2330), the Secretary shall

19 conduct measures to address water quality, water flows,

20 and fish habitat restoration in the historic Springfield, Or21 egon, millrace through the reconfiguration of the existing

22 millpond, if the Secretary determines that harmful im23 pacts have occurred as the result of a previously con24 structed flood control project by the Corps of Engineers.
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1 SEC. 307. GUILFORD AND NEW HAVEN, CONNECTICUT.

2 The Secretary shall expeditiously complete the activi3 ties authorized under section 346 of the Water Resources

4 Development Act of 1992 (106 Stat. 4858), including ac5 tivities associated with Sluice Creek in Guilford, Con6 necticut, and Lighthouse Point Park in New Haven, Con7 necticut.

8 SEC. 308. FRANCIS BLAND FLOODWAY DITCH.

9 (a) REDESIGNATION.—The project for flood control,

10 Eight Mile Creek, Paragould, Arkansas, authorized by sec11 tion 401(a) of the Water Resources Development Act of

12 1986 (100 Stat. 4112) and known as ‘‘Eight Mile Creek,

13 Paragould, Arkansas’’, shall be known and designated as

14 the ‘‘Francis Bland Floodway Ditch’’.

15 (b) LEGAL REFERENCES.—Any reference in any law,

16 map, regulation, document, paper, or other record of the

17 United States to the project and creek referred to in sub18 section (a) shall be deemed to be a reference to the

19 Francis Bland Floodway Ditch.

20 SEC. 309. CALOOSAHATCHEE RIVER BASIN, FLORIDA.

21 Section 528(e)(4) of the Water Resources Develop22 ment Act of 1996 (110 Stat. 3770) is amended in the first

23 sentence by inserting before the period at the end the fol24 lowing: ‘‘, including potential land acquisition in the

25 Caloosahatchee River basin or other areas’’.
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1 SEC. 310. CUMBERLAND, MARYLAND, FLOOD PROJECT

2 MITIGATION.

3 (a) IN GENERAL.—The project for flood control and

4 other purposes, Cumberland, Maryland, authorized by sec5 tion 5 of the Act of June 22, 1936 (commonly known as

6 the ‘‘Flood Control Act of 1936’’) (49 Stat. 1574, chapter

7 688), is modified to authorize the Secretary to undertake,

8 as a separate part of the project, restoration of the historic

9 Chesapeake and Ohio Canal substantially in accordance

10 with the Chesapeake and Ohio Canal National Historic

11 Park, Cumberland, Maryland, Rewatering Design Anal12 ysis, dated February 1998, at a total cost of $15,000,000,

13 with an estimated Federal cost of $9,750,000 and an esti14 mated non-Federal cost of $5,250,000.

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

16 for the restoration project under subsection (a)—

17 (1) may provide all or a portion of the non-Fed18 eral share of project costs in the form of in-kind

19 services; and

20 (2) shall receive credit toward the non-Federal

21 share of project costs for design and construction

22 work performed by the non-Federal interest before

23 execution of a project cooperation agreement and for

24 land, easements, and rights-of-way required for the

25 restoration and acquired by the non-Federal interest

26 before execution of such an agreement.
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1 (c) OPERATION AND MAINTENANCE.—The operation

2 and maintenance of the restoration project under sub3 section (a) shall be the full responsibility of the National

4 Park Service.

5 SEC. 311. CITY OF MIAMI BEACH, FLORIDA.

6 Section 5(b)(3)(C)(i) of the Act of August 13, 1946

7 (33 U.S.C. 426h), is amended by inserting before the

8 semicolon the following: ‘‘, including the city of Miami

9 Beach, Florida’’.

10 SEC. 312. SARDIS RESERVOIR, OKLAHOMA.

11 (a) IN GENERAL.—The Secretary shall accept from

12 the State of Oklahoma or an agent of the State an

13 amount, as determined under subsection (b), as prepay14 ment of 100 percent of the water supply cost obligation

15 of the State under Contract No. DACW56–74–JC–0314

16 for water supply storage at Sardis Reservoir, Oklahoma.

17 (b) DETERMINATION OF AMOUNT.—The amount to

18 be paid by the State of Oklahoma under subsection (a)

19 shall be subject to adjustment in accordance with accepted

20 discount purchase methods for Government properties as

21 determined by an independent accounting firm designated

22 by the Director of the Office of Management and Budget.

23 (c) EFFECT.—Nothing in this section shall otherwise

24 affect any of the rights or obligations of the parties to

25 the contract referred to in subsection (a).
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1 SEC. 313. UPPER MISSISSIPPI RIVER AND ILLINOIS WATER2 WAY SYSTEM NAVIGATION MODERNIZATION.

3 (a) FINDINGS.—Congress finds that—

4 (1) exports are necessary to ensure job creation

5 and an improved standard of living for the people of

6 the United States;

7 (2) the ability of producers of goods in the

8 United States to compete in the international mar9 ketplace depends on a modern and efficient trans10 portation network;

11 (3) a modern and efficient waterway system is

12 a transportation option necessary to provide United

13 States shippers a safe, reliable, and competitive

14 means to win foreign markets in an increasingly

15 competitive international marketplace;

16 (4) the need to modernize is heightened because

17 the United States is at risk of losing its competitive

18 edge as a result of the priority that foreign competi19 tors are placing on modernizing their own waterway

20 systems;

21 (5) growing export demand projected over the

22 coming decades will force greater demands on the

23 waterway system of the United States and increase

24 the cost to the economy if the system proves inad25 equate to satisfy growing export opportunities;
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1 (6) the locks and dams on the upper Mississippi

2 River and Illinois River waterway system were built

3 in the 1930s and have some of the highest average

4 delays to commercial tows in the country;

5 (7) inland barges carry freight at the lowest

6 unit cost while offering an alternative to truck and

7 rail transportation that is environmentally sound, is

8 energy efficient, is safe, causes little congestion, pro9 duces little air or noise pollution, and has minimal

10 social impact; and

11 (8) it should be the policy of the Corps of Engi12 neers to pursue aggressively modernization of the

13 waterway system authorized by Congress to promote

14 the relative competitive position of the United States

15 in the international marketplace.

16 (b) PRECONSTRUCTION ENGINEERING AND DE17 SIGN.—In accordance with the Upper Mississippi River18 Illinois Waterway System Navigation Study, the Secretary

19 shall proceed immediately to prepare engineering design,

20 plans, and specifications for extension of locks 20, 21, 22,

21 24, 25 on the Mississippi River and the LaGrange and

22 Peoria Locks on the Illinois River, to provide lock cham23 bers 110 feet in width and 1,200 feet in length, so that

24 construction can proceed immediately upon completion of

25 studies and authorization of projects by Congress.
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1 SEC. 314. UPPER MISSISSIPPI RIVER MANAGEMENT.

2 Section 1103 of the Water Resources Development

3 Act of 1986 (33 U.S.C. 652) is amended—

4 (1) in subsection (e)—

5 (A) by striking ‘‘(e)’’ and all that follows

6 through the end of paragraph (2) and inserting

7 the following:

8 ‘‘(e) UNDERTAKINGS.—

9 ‘‘(1) IN GENERAL.—

10 ‘‘(A) AUTHORITY.—The Secretary, in con11 sultation with the Secretary of the Interior and

12 the States of Illinois, Iowa, Minnesota, Mis13 souri, and Wisconsin, is authorized to

14 undertake—

15 ‘‘(i) a program for the planning, con16 struction, and evaluation of measures for

17 fish and wildlife habitat rehabilitation and

18 enhancement; and

19 ‘‘(ii) implementation of a program of

20 long-term resource monitoring, computer21 ized data inventory and analysis, and ap22 plied research.

23 ‘‘(B) REQUIREMENTS FOR PROJECTS.—

24 Each project carried out under subparagraph

25 (A)(i) shall—
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1 ‘‘(i) to the maximum extent prac2 ticable, simulate natural river processes;

3 ‘‘(ii) include an outreach and edu4 cation component; and

5 ‘‘(iii) on completion of the assessment

6 under subparagraph (D), address identified

7 habitat and natural resource needs.

8 ‘‘(C) ADVISORY COMMITTEE.—In carrying

9 out subparagraph (A), the Secretary shall cre10 ate an independent technical advisory com11 mittee to review projects, monitoring plans, and

12 habitat and natural resource needs assessments.

13 ‘‘(D) HABITAT AND NATURAL RESOURCE

14 NEEDS ASSESSMENT.—

15 ‘‘(i) AUTHORITY.—The Secretary is

16 authorized to undertake a systemic, river

17 reach, and pool scale assessment of habitat

18 and natural resource needs to serve as a

19 blueprint to guide habitat rehabilitation

20 and long-term resource monitoring.

21 ‘‘(ii) DATA.—The habitat and natural

22 resource needs assessment shall, to the

23 maximum extent practicable, use data in

24 existence at the time of the assessment.
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1 ‘‘(iii) TIMING.—The Secretary shall

2 complete a habitat and natural resource

3 needs assessment not later than 3 years

4 after the date of enactment of this sub5 paragraph.

6 ‘‘(2) REPORTS.—On December 31, 2005, in

7 consultation with the Secretary of the Interior and

8 the States of Illinois, Iowa, Minnesota, Missouri, and

9 Wisconsin, the Secretary shall prepare and submit to

10 Congress a report that—

11 ‘‘(A) contains an evaluation of the pro12 grams described in paragraph (1);

13 ‘‘(B) describes the accomplishments of

14 each program;

15 ‘‘(C) includes results of a habitat and nat16 ural resource needs assessment; and

17 ‘‘(D) identifies any needed adjustments in

18 the authorization under paragraph (1) or the

19 authorized appropriations under paragraphs

20 (3), (4), and (5).’’;

21 (B) in paragraph (3)—

22 (i) by striking ‘‘paragraph (1)(A)’’

23 and inserting ‘‘paragraph (1)(A)(i)’’; and

24 (ii) by striking ‘‘Secretary not to ex25 ceed’’ and all that follows and inserting
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1 ‘‘Secretary not to exceed $22,750,000 for

2 each of fiscal years 1999 through 2009.’’;

3 (C) in paragraph (4)—

4 (i) by striking ‘‘paragraph (1)(B)’’

5 and inserting ‘‘paragraph (1)(A)(ii)’’; and

6 (ii) by striking ‘‘$7,680,000’’ and all

7 that follows and inserting ‘‘$10,420,000

8 for each of fiscal years 1999 through

9 2009.’’;

10 (D) by striking paragraphs (5) and (6)

11 and inserting the following:

12 ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.—

13 There is authorized to be appropriated to carry out

14 paragraph (1)(C) not to exceed $350,000 for each of

15 fiscal years 1999 through 2009.

16 ‘‘(6) TRANSFER OF AMOUNTS.—

17 ‘‘(A) IN GENERAL.—For each fiscal year

18 beginning after September 30, 1992, the Sec19 retary, in consultation with the Secretary of the

20 Interior and the States of Illinois, Iowa, Min21 nesota, Missouri, and Wisconsin, may transfer

22 appropriated amounts between the programs

23 under clauses (i) and (ii) of paragraph (1)(A)

24 and paragraph (1)(C).
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1 ‘‘(B) APPORTIONMENT OF COSTS.—In car2 rying out paragraph (1)(D), the Secretary may

3 apportion the costs between the programs au4 thorized by paragraph (1)(A) in amounts that

5 are proportionate to the amounts authorized to

6 be appropriated to carry out those programs,

7 respectively.’’; and

8 (E) in paragraph (7)—

9 (i) in subparagraph (A)—

10 (I) by inserting ‘‘(i)’’ after ‘‘para11 graph (1)(A)’’; and

12 (II) by inserting before the pe13 riod at the end the following: ‘‘and, in

14 the case of any project requiring non15 Federal cost sharing, the non-Federal

16 share of the cost of the project shall

17 be 35 percent’’; and

18 (ii) in subparagraph (B), by striking

19 ‘‘paragraphs (1)(B) and (1)(C) of this sub20 section’’ and inserting ‘‘paragraph

21 (1)(A)(ii)’’;

22 (2) in subsection (f)(2)—

23 (A) in subparagraph (A), by striking

24 ‘‘(A)’’; and

25 (B) by striking subparagraph (B); and
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1 (3) by adding at the end the following:

2 ‘‘(k) ST. LOUIS AREA URBAN WILDLIFE HABITAT.—

3 The Secretary shall investigate and, if appropriate, carry

4 out restoration of urban wildlife habitat, with a special

5 emphasis on the establishment of greenways in the St.

6 Louis, Missouri, area and surrounding communities.’’.

7 SEC. 315. RESEARCH AND DEVELOPMENT PROGRAM FOR

8 COLUMBIA AND SNAKE RIVERS SALMON SUR9 VIVAL.

10 Section 511 of the Water Resources Development Act

11 of 1996 (16 U.S.C. 3301 note; Public Law 104–303) is

12 amended by striking subsection (a) and all that follows

13 and inserting the following:

14 ‘‘(a) SALMON SURVIVAL ACTIVITIES.—

15 ‘‘(1) IN GENERAL.—In conjunction with the

16 Secretary of Commerce and Secretary of the Inte17 rior, the Secretary shall accelerate ongoing research

18 and development activities, and may carry out or

19 participate in additional research and development

20 activities, for the purpose of developing innovative

21 methods and technologies for improving the survival

22 of salmon, especially salmon in the Columbia/Snake

23 River Basin.

24 ‘‘(2) ACCELERATED ACTIVITIES.—Accelerated

25 research and development activities referred to in
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1 paragraph (1) may include research and develop2 ment related to—

3 ‘‘(A) impacts from water resources projects

4 and other impacts on salmon life cycles;

5 ‘‘(B) juvenile and adult salmon passage;

6 ‘‘(C) light and sound guidance systems;

7 ‘‘(D) surface-oriented collector systems;

8 ‘‘(E) transportation mechanisms; and

9 ‘‘(F) dissolved gas monitoring and abate10 ment.

11 ‘‘(3) ADDITIONAL ACTIVITIES.—Additional re12 search and development activities referred to in

13 paragraph (1) may include research and develop14 ment related to—

15 ‘‘(A) studies of juvenile salmon survival in

16 spawning and rearing areas;

17 ‘‘(B) estuary and near-ocean juvenile and

18 adult salmon survival;

19 ‘‘(C) impacts on salmon life cycles from

20 sources other than water resources projects;

21 ‘‘(D) cryopreservation of fish gametes and

22 formation of a germ plasm repository for

23 threatened and endangered populations of na24 tive fish; and
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1 ‘‘(E) other innovative technologies and ac2 tions intended to improve fish survival, includ3 ing the survival of resident fish.

4 ‘‘(4) COORDINATION.—The Secretary shall co5 ordinate any activities carried out under this sub6 section with appropriate Federal, State, and local

7 agencies, affected Indian tribes, and the Northwest

8 Power Planning Council.

9 ‘‘(5) REPORT.—Not later than 3 years after the

10 date of enactment of this section, the Secretary shall

11 submit to Congress a report on the research and de12 velopment activities carried out under this sub13 section, including any recommendations of the Sec14 retary concerning the research and development ac15 tivities.

16 ‘‘(6) AUTHORIZATION OF APPROPRIATIONS.—

17 There is authorized to be appropriated $10,000,000

18 to carry out research and development activities

19 under paragraph (3).

20 ‘‘(b) ADVANCED TURBINE DEVELOPMENT.—

21 ‘‘(1) IN GENERAL.—In conjunction with the

22 Secretary of Energy, the Secretary shall accelerate

23 efforts toward developing and installing in Corps of

24 Engineers-operated dams innovative, efficient, and

25 environmentally safe hydropower turbines, including
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1 design of fish-friendly turbines, for use on the Co2 lumbia/Snake River hydrosystem.

3 ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.—

4 There is authorized to be appropriated $35,000,000

5 to carry out this subsection.

6 ‘‘(c) MANAGEMENT OF PREDATION ON COLUMBIA/

7 SNAKE RIVER SYSTEM NATIVE FISHES.—

8 ‘‘(1) NESTING AVIAN PREDATORS.—In conjunc9 tion with the Secretary of Commerce and the Sec10 retary of the Interior, and consistent with a manage11 ment plan to be developed by the United States Fish

12 and Wildlife Service, the Secretary shall carry out

13 methods to reduce nesting populations of avian pred14 ators on dredge spoil islands in the Columbia River

15 under the jurisdiction of the Secretary.

16 ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.—

17 There is authorized to be appropriated $1,000,000

18 to carry out research and development activities

19 under this subsection.

20 ‘‘(d) IMPLEMENTATION.—Nothing in this section af21 fects the authority of the Secretary to implement the re22 sults of the research and development carried out under

23 this section or any other law.’’.
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1 SEC. 316. NINE MILE RUN HABITAT RESTORATION, PENN2 SYLVANIA.

3 If the Secretary determines that the documentation

4 is integral to the project, the Secretary shall credit against

5 the non-Federal share such costs, not to exceed

6 $1,000,000, as are incurred by the non-Federal interests

7 in preparing the environmental restoration report, plan8 ning and design-phase scientific and engineering technical

9 services documentation, and other preconstruction docu10 mentation for the habitat restoration project, Nine Mile

11 Run, Pennsylvania.

12 SEC. 317. LARKSPUR FERRY CHANNEL, CALIFORNIA.

13 The Secretary shall work with the Secretary of

14 Transportation on a proposed solution to carry out the

15 project to maintain the Larkspur Ferry Channel, Lark16 spur, California, authorized by section 601(d) of the

17 Water Resources Development Act of 1986 (100 Stat.

18 4148).

19 SEC. 318. COMPREHENSIVE FLOOD IMPACT-RESPONSE

20 MODELING SYSTEM.

21 (a) IN GENERAL.—The Secretary may study and im22 plement a Comprehensive Flood Impact-Response Mod23 eling System for the Coralville Reservoir and the Iowa

24 River watershed, Iowa.

25 (b) STUDY.—The study shall include—
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1 (1) an evaluation of the combined hydrologic,

2 geomorphic, environmental, economic, social, and

3 recreational impacts of operating strategies within

4 the watershed;

5 (2) creation of an integrated, dynamic flood im6 pact model; and

7 (3) the development of a rapid response system

8 to be used during flood and emergency situations.

9 (c) REPORT TO CONGRESS.—Not later than 5 years

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

11 transmit a report to Congress on the results of the study

12 and modeling system and such recommendations as the

13 Secretary determines to be appropriate.

14 (d) AUTHORIZATION OF APPROPRIATIONS.—There is

15 authorized to be appropriated a total of $2,250,000 to

16 carry out this section.

17 SEC. 319. STUDY REGARDING INNOVATIVE FINANCING FOR

18 SMALL AND MEDIUM-SIZED PORTS.

19 (a) STUDY.—The Comptroller General of the United

20 States shall conduct a study and analysis of various alter21 natives for innovative financing of future construction, op22 eration, and maintenance of projects in small and me23 dium-sized ports.

24 (b) REPORT.—Not later than 270 days after the date

25 of enactment of this Act, the Comptroller General shall
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1 submit to the Committee on Environment and Public

2 Works of the Senate and Committee on Transportation

3 and Infrastructure of the House of Representatives and

4 the results of the study and any related legislative rec5 ommendations for consideration by Congress.

6 SEC. 320. CANDY LAKE PROJECT, OSAGE COUNTY, OKLA7 HOMA.

8 (a) DEFINITIONS.—In this section:

9 (1) FAIR MARKET VALUE.—The term ‘‘fair

10 market value’’ means the amount for which a willing

11 buyer would purchase and a willing seller would sell

12 a parcel of land, as determined by a qualified, inde13 pendent land appraiser.

14 (2) PREVIOUS OWNER OF LAND.—The term

15 ‘‘previous owner of land’’ means a person (including

16 a corporation) that conveyed, or a descendant of a

17 deceased individual who conveyed, land to the Corps

18 of Engineers for use in the Candy Lake project in

19 Osage County, Oklahoma.

20 (3) SECRETARY.—The term ‘‘Secretary’’ means

21 the Secretary of the Army.

22 (b) LAND CONVEYANCES.—

23 (1) IN GENERAL.—The Secretary shall convey,

24 in accordance with this section, all right, title, and

25 interest of the United States in and to the land ac-
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1 quired by the United States for the Candy Lake

2 project in Osage County, Oklahoma.

3 (2) PREVIOUS OWNERS OF LAND.—

4 (A) IN GENERAL.—The Secretary shall

5 give a previous owner of land first option to

6 purchase the land described in paragraph (1).

7 (B) APPLICATION.—

8 (i) IN GENERAL.—A previous owner

9 of land that desires to purchase the land

10 described in paragraph (1) that was owned

11 by the previous owner of land, or by the in12 dividual from whom the previous owner of

13 land is descended, shall file an application

14 to purchase the land with the Secretary

15 not later than 180 days after the official

16 date of notice to the previous owner of

17 land under subsection (c).

18 (ii) FIRST TO FILE HAS FIRST OP19 TION.—If more than 1 application is filed

20 for a parcel of land described in paragraph

21 (1), first options to purchase the parcel of

22 land shall be allotted in the order in which

23 applications for the parcel of land were

24 filed.
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1 (C) IDENTIFICATION OF PREVIOUS OWN2 ERS OF LAND.—As soon as practicable after the

3 date of enactment of this Act, the Secretary

4 shall, to the extent practicable, identify each

5 previous owner of land.

6 (D) CONSIDERATION.—Consideration for

7 land conveyed under this subsection shall be the

8 fair market value of the land.

9 (3) DISPOSAL.—Any land described in para10 graph (1) for which an application has not been filed

11 under paragraph (2)(B) within the applicable time

12 period shall be disposed of in accordance with law.

13 (4) EXTINGUISHMENT OF EASEMENTS.—All

14 flowage easements acquired by the United States for

15 use in the Candy Lake project in Osage County,

16 Oklahoma, are extinguished.

17 (c) NOTICE.—

18 (1) IN GENERAL.—The Secretary shall notify—

19 (A) each person identified as a previous

20 owner of land under subsection (b)(2)(C), not

21 later than 90 days after identification, by

22 United States mail; and

23 (B) the general public, not later than 90

24 days after the date of enactment of this Act, by

25 publication in the Federal Register.
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1 (2) CONTENTS OF NOTICE.—Notice under this

2 subsection shall include—

3 (A) a copy of this section;

4 (B) information sufficient to separately

5 identify each parcel of land subject to this sec6 tion; and

7 (C) specification of the fair market value

8 of each parcel of land subject to this section.

9 (3) OFFICIAL DATE OF NOTICE.—The official

10 date of notice under this subsection shall be the

11 later of—

12 (A) the date on which actual notice is

13 mailed; or

14 (B) the date of publication of the notice in

15 the Federal Register.

16 SEC. 321. SALCHA RIVER AND PILEDRIVER SLOUGH, FAIR17 BANKS, ALASKA.

18 The Secretary shall evaluate and, if justified under

19 section 205 of the Flood Control Act of 1948 (33 U.S.C.

20 701s), carry out flood damage reduction measures along

21 the lower Salcha River and on Piledriver Slough, from its

22 headwaters at the mouth of the Salcha River to the Chena

23 Lakes Flood Control Project, in the vicinity of Fairbanks,

24 Alaska, to protect against surface water flooding.
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1 SEC. 322. EYAK RIVER, CORDOVA, ALASKA.

2 The Secretary shall evaluate and, if justified under

3 section 205 of the Flood Control Act of 1948 (33 U.S.C.

4 701s), carry out flood damage reduction measures along

5 the Eyak River at the town of Cordova, Alaska.

6 SEC. 323. NORTH PADRE ISLAND STORM DAMAGE REDUC7 TION AND ENVIRONMENTAL RESTORATION

8 PROJECT.

9 The Secretary shall carry out a project for ecosystem

10 restoration and storm damage reduction at North Padre

11 Island, Corpus Christi Bay, Texas, at a total estimated

12 cost of $30,000,000, with an estimated Federal cost of

13 $19,500,000 and an estimated non-Federal cost of

14 $10,500,000, if the Secretary finds that the work is tech15 nically sound, environmentally acceptable, and economi16 cally justified. The Secretary shall make such a finding

17 not later than 270 days after the date of enactment of

18 this Act.

19 SEC. 324. KANOPOLIS LAKE, KANSAS.

20 (a) WATER SUPPLY.—

21 (1) IN GENERAL.—Not later than 1 year after

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

23 cooperation with the State of Kansas or another

24 non-Federal interest, shall complete a water supply

25 reallocation study at the project for flood control,

26 Kanopolis Lake, Kansas, as a basis on which the
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1 Secretary shall enter into negotiations with the State

2 of Kansas or another non-Federal interest for the

3 terms and conditions of a reallocation of the water

4 supply.

5 (2) OPTIONS.—The negotiations for storage re6 allocation shall include the following options for eval7 uation by all parties:

8 (A) Financial terms of storage reallocation.

9 (B) Protection of future Federal water re10 leases from Kanopolis Dam, consistent with

11 State water law, to ensure that the benefits ex12 pected from releases are provided.

13 (C) Potential establishment of a water as14 surance district consistent with other such dis15 tricts established by the State of Kansas.

16 (D) Protection of existing project purposes

17 at Kanopolis Dam to include flood control,

18 recreation, and fish and wildlife.

19 (b) IN-KIND CREDIT.—

20 (1) IN GENERAL.—The Secretary may negotiate

21 a credit for a portion of the financial repayment to

22 the Federal Government for work performed by the

23 State of Kansas, or another non-Federal interest, on

24 land adjacent or in close proximity to the project, if

25 the work provides a benefit to the project.
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1 (2) WORK INCLUDED.—The work for which

2 credit may be granted may include watershed protec3 tion and enhancement, including wetland construc4 tion and ecosystem restoration.

5 SEC. 325. NEW YORK CITY WATERSHED.

6 Section 552(d) of the Water Resources Development

7 Act of 1996 (110 Stat. 3780) is amended by striking ‘‘for

8 the project to be carried out with such assistance’’ and

9 inserting ‘‘, or a public entity designated by the State di10 rector, to carry out the project with such assistance, sub11 ject to the project’s meeting the certification requirement

12 of subsection (c)(1)’’.

13 SEC. 326. CITY OF CHARLEVOIX REIMBURSEMENT, MICHI14 GAN.

15 The Secretary shall review and, if consistent with au16 thorized project purposes, reimburse the city of

17 Charlevoix, Michigan, for the Federal share of costs asso18 ciated with construction of the new revetment connection

19 to the Federal navigation project at Charlevoix Harbor,

20 Michigan.

21 SEC. 327. HAMILTON DAM FLOOD CONTROL PROJECT,

22 MICHIGAN.

23 The Secretary may construct the Hamilton Dam

24 flood control project, Michigan, under authority of section

25 205 of the Flood Control Act of 1948 (33 U.S.C. 701s).
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1 SEC. 328. HOLES CREEK FLOOD CONTROL PROJECT, OHIO.

2 (a) IN GENERAL.—Notwithstanding any other provi3 sion of law, the non-Federal share of project costs for the

4 project for flood control, Holes Creek, Ohio, shall not ex5 ceed the sum of—

6 (1) the total amount projected as the non-Fed7 eral share as of September 30, 1996, in the Project

8 Cooperation Agreement executed on that date; and

9 (2) 100 percent of the amount of any increases

10 in the cost of the locally preferred plan over the cost

11 estimated in the Project Cooperation Agreement.

12 (b) REIMBURSEMENT.—The Secretary shall reim13 burse the non-Federal interest any amount paid by the

14 non-Federal interest in excess of the non-Federal share.

15 SEC. 329. OVERFLOW MANAGEMENT FACILITY, RHODE IS16 LAND.

17 Section 585(a) of the Water Resources Development

18 Act of 1996 (110 Stat. 3791) is amended by striking

19 ‘‘river’’ and inserting ‘‘sewer’’.

20 SEC. 330. ANACOSTIA RIVER AQUATIC ECOSYSTEM RES21 TORATION, DISTRICT OF COLUMBIA AND

22 MARYLAND.

23 The Secretary may use the balance of funds appro24 priated for the improvement of the environment as part

25 of the Anacostia River Flood Control and Navigation

26 Project under section 1135 of the Water Resources Devel-
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1 opment Act of 1986 (33 U.S.C. 2309a) to construct

2 aquatic ecosystem restoration projects in the Anacostia

3 River watershed under section 206 of the Water Resources

4 Development Act of 1996 (33 U.S.C. 2330).

5 SEC. 331. EVERGLADES AND SOUTH FLORIDA ECOSYSTEM

6 RESTORATION.

7 Subparagraphs (B) and (C)(i) of section 528(b)(3)

8 of the Water Resources Development Act of 1996 (110

9 Stat. 3769) are amended by striking ‘‘1999’’ and inserting

10 ‘‘2003’’.

11 SEC. 332. PINE FLAT DAM, KINGS RIVER, CALIFORNIA.

12 Under the authority of section 1135(a) of the Water

13 Resources Development Act of 1986 (33 U.S.C. 2309a),

14 the Secretary shall carry out a project to construct a tur15 bine bypass at Pine Flat Dam, Kings River, California,

16 in accordance with the Project Modification Report and

17 Environmental Assessment dated September 1996.

18 SEC. 333. LEVEES IN ELBA AND GENEVA, ALABAMA.

19 (a) ELBA, ALABAMA.—

20 (1) IN GENERAL.—The Secretary may repair

21 and rehabilitate a levee in the city of Elba, Alabama,

22 at a total cost of $12,900,000.

23 (2) COST SHARING.—The non-Federal share of

24 the cost of repair and rehabilitation under para25 graph (1) shall be 35 percent.
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1 (b) GENEVA, ALABAMA.—

2 (1) IN GENERAL.—The Secretary may repair

3 and rehabilitate a levee in the city of Geneva, Ala4 bama, at a total cost of $16,600,000.

5 (2) COST SHARING.—The non-Federal share of

6 the cost of repair and rehabilitation under para7 graph (1) shall be 35 percent.

8 SEC. 334. TORONTO LAKE AND EL DORADO LAKE, KANSAS.

9 (a) IN GENERAL.—The Secretary shall convey to the

10 State of Kansas, by quitclaim deed and without consider11 ation, all right, title, and interest of the United States in

12 and to the 2 parcels of land described in subsection (b)

13 on which correctional facilities operated by the Kansas De14 partment of Corrections are situated.

15 (b) LAND DESCRIPTION.—The parcels of land re16 ferred to in subsection (a) are—

17 (1) the parcel located in Butler County, Kan18 sas, adjacent to the El Dorado Lake Project, con19 sisting of approximately 32.98 acres; and

20 (2) the parcel located in Woodson County, Kan21 sas, adjacent to the Toronto Lake Project, con22 sisting of approximately 51.98 acres.

23 (c) CONDITIONS.—

24 (1) USE OF LAND.—A conveyance of a parcel

25 under subsection (a) shall be subject to the condition
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1 that all right, title, and interest in and to the parcel

2 conveyed under subsection (a) shall revert to the

3 United States if the parcel is used for a purpose

4 other than that of a correctional facility.

5 (2) COSTS.—The Secretary may require such

6 additional terms, conditions, reservations, and re7 strictions in connection with the conveyance as the

8 Secretary determines are necessary to protect the in9 terests of the United States, including a requirement

10 that the State pay all reasonable administrative

11 costs associated with the conveyance.

12 SEC. 335. SAN JACINTO DISPOSAL AREA, GALVESTON,

13 TEXAS.

14 Section 108 of the Energy and Water Development

15 Appropriations Act, 1994 (107 Stat. 1320), is amended

16 in the first sentence of subsection (a) and in subsection

17 (b)(1) by striking ‘‘fee simple absolute title’’ each place

18 it appears and inserting ‘‘fee simple title to the surface

19 estate (without the right to use the surface of the property

20 for the production of minerals)’’.

21 SEC. 336. ENVIRONMENTAL INFRASTRUCTURE.

22 Section 219(e)(1) of the Water Resources Develop23 ment Act of 1992 (106 Stat. 4835; 110 Stat. 3757) is

24 amended by striking ‘‘$10,000,000’’ and inserting

25 ‘‘$15,000,000’’.
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1 SEC. 337. WATER MONITORING STATION.

2 Section 584(b) of the Water Resources Development

3 Act of 1996 (110 Stat. 3791) is amended by striking

4 ‘‘$50,000’’ and inserting ‘‘$100,000’’.

5 SEC. 338. UPPER MISSISSIPPI RIVER COMPREHENSIVE

6 PLAN.

7 (a) DEVELOPMENT.—The Secretary shall develop a

8 plan to address water and related land resources problems

9 in the upper Mississippi River basin and the Illinois River

10 basin, extending from Cairo, Illinois, to the headwaters of

11 the Mississippi River, to determine the feasibility of sys12 temic flood damage reduction by means of—

13 (1) structural and nonstructural flood control

14 and floodplain management strategies;

15 (2) continued maintenance of the navigation

16 project;

17 (3) management of bank caving, erosion, water18 shed nutrients and sediment, habitat, and recre19 ation; and

20 (4) other related means.

21 (b) CONTENTS.—The plan shall contain rec22 ommendations for—

23 (1) management plans and actions to be carried

24 out by Federal and non-Federal entities;
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1 (2) construction of a systemic flood control

2 project in accordance with a plan for the upper Mis3 sissippi River;

4 (3) Federal action, where appropriate; and

5 (4) follow-on studies for problem areas for

6 which data or current technology does not allow im7 mediate solutions.

8 (c) CONSULTATION AND USE OF EXISTING DATA.—

9 In developing the plan, the Secretary shall—

10 (1) consult with appropriate State and Federal

11 agencies; and

12 (2) make maximum use of—

13 (A) data and programs in existence on the

14 date of enactment of this Act; and

15 (B) efforts of States and Federal agencies.

16 (d) REPORT.—Not later than 3 years after the date

17 of enactment of this Act, the Secretary shall submit to

18 the Committee on Transportation and Infrastructure of

19 the House of Representatives and the Committee on Envi20 ronment and Public Works of the Senate a report that

21 includes the plan.

22 SEC. 339. MCNARY LOCK AND DAM, WASHINGTON.

23 (a) IN GENERAL.—The Secretary may convey to a

24 port district or a port authority—
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1 (1) without the payment of additional consider2 ation, any remaining right, title, and interest of the

3 United States in property acquired for the McNary

4 Lock and Dam, Washington, project and subse5 quently conveyed to the port district or a port au6 thority under section 108 of the River and Harbor

7 Act of 1960 (33 U.S.C. 578); and

8 (2) at fair market value, as determined by the

9 Secretary, all right, title, and interest of the United

10 States in such property under the jurisdiction of the

11 Secretary relating to the project as the Secretary

12 considers appropriate.

13 (b) CONDITIONS, RESERVATIONS, AND RESTRIC14 TIONS.—A conveyance under subsection (a) shall be sub15 ject to—

16 (1) such conditions, reservations, and restric17 tions as the Secretary determines to be necessary for

18 the development, maintenance, or operation or the

19 project or otherwise in the public interest; and

20 (2) the payment by the port district or port au21 thority of all administrative costs associated with the

22 conveyance.

23 SEC. 340. MCNARY NATIONAL WILDLIFE REFUGE.

24 (a) TRANSFER OF ADMINISTRATIVE JURISDIC25 TION.—Administrative jurisdiction over the McNary Na-
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1 tional Wildlife Refuge is transferred from the Secretary

2 to the Secretary of the Interior.

3 (b) LAND EXCHANGE WITH THE PORT OF WALLA

4 WALLA, WASHINGTON.—

5 (1) IN GENERAL.—Not later than 1 year after

6 the date of enactment of this Act, the Secretary of

7 the Interior may exchange approximately 188 acres

8 of land located south of Highway 12 and comprising

9 a portion of the McNary National Wildlife Refuge

10 for approximately 122 acres of land owned by the

11 Port of Walla Walla, Washington, and located at the

12 confluence of the Snake River and the Columbia

13 River.

14 (2) TERMS AND CONDITIONS.—The land ex15 change under paragraph (1) shall be carried out in

16 accordance with such terms and conditions as the

17 Secretary of the Interior determines to be necessary

18 to protect the interests of the United States, includ19 ing a requirement that the Port pay—

20 (A) reasonable administrative costs (not to

21 exceed $50,000) associated with the exchange;

22 and

23 (B) any excess (as determined by the Sec24 retary of the Interior) of the fair market value

25 of the parcel conveyed by the Secretary of the
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1 Interior over the fair market value of the parcel

2 conveyed by the Port.

3 (3) USE OF FUNDS.—The Secretary of the In4 terior may retain any funds received under para5 graph (2)(B) and, without further Act of appropria6 tion, may use the funds to acquire replacement habi7 tat for the Mid-Columbia River National Wildlife

8 Refuge Complex.

9 (c) MANAGEMENT.—The McNary National Wildlife

10 Refuge and land conveyed by the Port of Walla Walla,

11 Washington, under subsection (b) shall be managed in ac12 cordance with applicable laws, including section 120(h) of

13 the Comprehensive Environmental Response, Compensa14 tion, and Liability Act of 1980 (42 U.S.C. 9620(h)) and

15 the National Environmental Policy Act of 1969 (42 U.S.C.

16 4321 et seq.).
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1 TITLE IV—CHEYENNE RIVER

2 SIOUX TRIBE, LOWER BRULE

3 SIOUX TRIBE, AND STATE OF

4 SOUTH DAKOTA TERRES5 TRIAL WILDLIFE HABITAT

6 RESTORATION

7 SEC. 401. CHEYENNE RIVER SIOUX TRIBE, LOWER BRULE

8 SIOUX TRIBE, AND STATE OF SOUTH DAKOTA

9 TERRESTRIAL WILDLIFE HABITAT RESTORA10 TION.

11 (a) DEFINITIONS.—Section 601 of division C of the

12 Omnibus Consolidated and Emergency Supplemental Ap13 propriations Act, 1999 (112 Stat. 2681–660), is

14 amended—

15 (1) by redesignating paragraphs (1), (2), and

16 (3) as paragraphs (2), (4), and (5), respectively;

17 (2) by inserting before paragraph (2) (as redes18 ignated by paragraph (1)) the following:

19 ‘‘(1) COMMISSION.—The term ‘Commission’

20 means the South Dakota Cultural Resources Advi21 sory Commission established by section 605(j).’’; and

22 (3) by inserting after paragraph (2) (as redesig23 nated by paragraph (1)) the following:

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

25 the Secretary of the Army.’’.
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1 (b) TERRESTRIAL WILDLIFE HABITAT RESTORA2 TION.—Section 602 of division C of the Omnibus Consoli3 dated and Emergency Supplemental Appropriations Act,

4 1999 (112 Stat. 2681–660), is amended—

5 (1) in subsection (a)(4)—

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

7 ‘‘803’’ and inserting ‘‘603’’;

8 (B) in subparagraph (B)(ii), by striking

9 ‘‘804’’ and inserting ‘‘604’’; and

10 (C) in subparagraph (C)—

11 (i) in clause (i)(II), by striking

12 ‘‘803(d)(3) and 804(d)(3)’’ and inserting

13 ‘‘603(d)(3) and 604(d)(3)’’; and

14 (ii) in clause (ii)(II)—

15 (I) by striking ‘‘803(d)(3)(A)(i)’’

16 and inserting ‘‘603(d)(3)(A)(i)’’; and

17 (II) by striking

18 ‘‘804(d)(3)(A)(i)’’ and inserting

19 ‘‘604(d)(3)(A)(i)’’;

20 (2) in subsection (b)—

21 (A) in paragraph (1), by striking

22 ‘‘803(d)(3)(A)(iii)’’ and inserting

23 ‘‘603(d)(3)(A)(ii)(III)’’; and

24 (B) in paragraph (4)—
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1 (i) in subparagraph (A), by striking

2 ‘‘803(d)(3)(A)(iii)’’ and inserting

3 ‘‘603(d)(3)(A)(ii)(III)’’; and

4 (ii) in subparagraph (B), by striking

5 ‘‘804(d)(3)(A)(iii)’’ and inserting

6 ‘‘604(d)(3)(A)(ii)(III)’’; and

7 (3) in subsection (c), by striking ‘‘803 and

8 804’’ and inserting ‘‘603 and 604’’.

9 (c) SOUTH DAKOTA TERRESTRIAL WILDLIFE HABI10 TAT RESTORATION TRUST FUND.—Section 603 of divi11 sion C of the Omnibus Consolidated and Emergency Sup12 plemental Appropriations Act, 1999 (112 Stat. 2681–

13 663), is amended—

14 (1) in subsection (c)—

15 (A) by striking ‘‘The Secretary’’ and in16 serting the following:

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

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

19 ‘‘(2) INTEREST RATE.—The Secretary of the

20 Treasury shall invest amounts in the fund in obliga21 tions that carry the highest rate of interest among

22 available obligations of the required maturity.’’; and

23 (2) in subsection (d)—
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1 (A) in paragraph (2), by striking

2 ‘‘802(a)(4)(A)’’ and inserting ‘‘602(a)(4)(A)’’;

3 and

4 (B) in paragraph (3)(A)—

5 (i) in clause (i)—

6 (I) by striking ‘‘802(a)’’ and in7 serting ‘‘602(a)’’; and

8 (II) by striking ‘‘and’’ at the end;

9 and

10 (ii) in clause (ii)—

11 (I) in subclause (III), by striking

12 ‘‘802(b)’’ and inserting ‘‘602(b)’’; and

13 (II) in subclause (IV)—

14 (aa) by striking ‘‘802’’ and

15 inserting ‘‘602’’; and

16 (bb) by striking ‘‘and’’ at

17 the end.

18 (d) CHEYENNE RIVER SIOUX TRIBE AND LOWER

19 BRULE SIOUX TRIBE TERRESTRIAL WILDLIFE HABITAT

20 RESTORATION TRUST FUNDS.—Section 604 of division C

21 of the Omnibus Consolidated and Emergency Supple22 mental Appropriations Act, 1999 (112 Stat. 2681–664),

23 is amended—

24 (1) in subsection (c)—
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1 (A) by striking ‘‘The Secretary’’ and in2 serting the following:

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

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

5 ‘‘(2) INTEREST RATE.—The Secretary of the

6 Treasury shall invest amounts in the fund in obliga7 tions that carry the highest rate of interest among

8 available obligations of the required maturity.’’; and

9 (2) in subsection (d)—

10 (A) in paragraph (2), by striking

11 ‘‘802(a)(4)(B)’’ and inserting ‘‘602(a)(4)(B)’’;

12 and

13 (B) in paragraph (3)(A)—

14 (i) in clause (i), by striking ‘‘802(a)’’

15 and inserting ‘‘602(a)’’; and

16 (ii) in clause (ii)—

17 (I) in subclause (III), by striking

18 ‘‘802(b)’’ and inserting ‘‘602(b)’’; and

19 (II) in subclause (IV), by striking

20 ‘‘802’’ and inserting ‘‘602’’.

21 (e) TRANSFER OF FEDERAL LAND TO STATE OF

22 SOUTH DAKOTA.—Section 605 of division C of the Omni23 bus Consolidated and Emergency Supplemental Appro24 priations Act, 1999 (112 Stat. 2681–665), is amended—
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1 (1) in subsection (a)(2)(B), by striking ‘‘802’’

2 and inserting ‘‘602’’;

3 (2) in subsection (c), in the mater preceding

4 paragraph (1), by striking ‘‘waters’’ and inserting

5 ‘‘facilities’’;

6 (3) in subsection (e)(2), by striking ‘‘803’’ and

7 inserting ‘‘603’’;

8 (4) by striking subsection (g) and inserting the

9 following:

10 ‘‘(g) HUNTING AND FISHING.—

11 ‘‘(1) IN GENERAL.—Except as provided in this

12 section, nothing in this title affects jurisdiction over

13 the waters of the Missouri River below the water’s

14 edge and outside the exterior boundaries of an In15 dian reservation in South Dakota.

16 ‘‘(2) JURISDICTION.—

17 ‘‘(A) TRANSFERRED LAND.—On transfer

18 of the land under this section to the State of

19 South Dakota, jurisdiction over the land shall

20 be the same as that over other land owned by

21 the State of South Dakota.

22 ‘‘(B) LAND BETWEEN THE MISSOURI

23 RIVER WATER’S EDGE AND THE LEVEL OF THE

24 EXCLUSIVE FLOOD POOL.—Jurisdiction over

25 land between the Missouri River water’s edge
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1 and the level of the exclusive flood pool outside

2 Indian reservations in the State of South Da3 kota shall be the same as that exercised by the

4 State on other land owned by the State, and

5 that jurisdiction shall follow the fluctuations of

6 the water’s edge.

7 ‘‘(D) FEDERAL LAND.—Jurisdiction over

8 land and water owned by the Federal govern9 ment within the boundaries of the State of

10 South Dakota that are not affected by this Act

11 shall remain unchanged.

12 ‘‘(3) EASEMENTS AND ACCESS.—The Secretary

13 shall provide the State of South Dakota with ease14 ments and access on land and water below the level

15 of the exclusive flood pool outside Indian reserva16 tions in the State of South Dakota for recreational

17 and other purposes (including for boat docks, boat

18 ramps, and related structures), so long as the ease19 ments would not prevent the Corps of Engineers

20 from carrying out its mission under the Act entitled

21 ‘‘An Act authorizing the construction of certain pub22 lic works on rivers and harbors for flood control, and

23 for other purposes’’, approved December 22, 1944

24 (commonly known as the ‘Flood Control Act of

25 1944’) (58 Stat. 887)).’’; and
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1 (5) by adding at the end the following:

2 ‘‘(i) IMPACT AID.—The land transferred under sub3 section (a) shall be deemed to continue to be owned by

4 the United States for purposes of section 8002 of the Ele5 mentary and Secondary Education Act of 1965 (20 U.S.C.

6 7702).’’

7 (f) TRANSFER OF CORPS OF ENGINEERS LAND FOR

8 INDIAN TRIBES.—Section 606 of division C of the Omni9 bus Consolidated and Emergency Supplemental Appro10 priations Act, 1999 (112 Stat. 2681–667), is amended—

11 (1) in subsection (a)(1), by inserting before the

12 period at the end the following: ‘‘for their use in per13 petuity’’;

14 (2) in subsection (c), in the matter preceding

15 paragraph (1), by striking ‘‘waters’’ and inserting

16 ‘‘facilities’’;

17 (3) in subsection (f), by striking paragraph (2)

18 and inserting the following:

19 ‘‘(2) HUNTING AND FISHING.—

20 ‘‘(A) IN GENERAL.—Except as provided in

21 this section, nothing in this title affects juris22 diction over the waters of the Missouri River

23 below the water’s edge and within the exterior

24 boundaries of the Cheyenne River Sioux and

25 Lower Brule Sioux Tribe reservations.
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1 ‘‘(B) JURISDICTION.—On transfer of the

2 land to the respective tribes under this section,

3 jurisdiction over the land and on land between

4 the water’s edge and the level of the exclusive

5 flood pool within the respective Tribe’s reserva6 tion boundaries shall be the same as that over

7 land held in trust by the Secretary of the Inte8 rior on the Cheyenne River Sioux Reservation

9 and the Lower Brule Sioux Reservation, and

10 that jurisdiction shall follow the fluctuations of

11 the water’s edge.

12 ‘‘(C) EASEMENTS AND ACCESS.—The Sec13 retary shall provide the Tribes with such ease14 ments and access on land and water below the

15 level of the exclusive flood pool inside the re16 spective Indian reservations for recreational and

17 other purposes (including for boat docks, boat

18 ramps, and related structures), so long as the

19 easements would not prevent the Corps of Engi20 neers from carrying out its mission under the

21 Act entitled ‘‘An Act authorizing the construc22 tion of certain public works on rivers and har23 bors for flood control, and for other purposes’’,

24 approved December 22, 1944 (commonly known
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1 as the ‘Flood Control Act of 1944’) (58 Stat.

2 887)).’’;

3 (4) in subsection (e)(2), by striking ‘‘804’’ and

4 inserting ‘‘604’’; and

5 (5) by adding at the end the following:

6 ‘‘(g) EXTERIOR INDIAN RESERVATION BOUND7 ARIES.—Notheing in this section diminishes, changes, or

8 otherwise affects the exterior boundaries of a reservation

9 of an Indian tribe.’’.

10 (g) ADMINISTRATION.—Section 607(b) of division C

11 of the Omnibus Consolidated and Energy Supplemental

12 Appropriations Act, 1999 (112 Stat. 2681–669), is

13 amended by striking ‘‘land’’ and inserting ‘‘property’’.

14 (h) STUDY.—Section 608 of division C of the Omni15 bus Consolidated and Emergency Supplemental Appro16 priations Act, 1999 (112 Stat. 2681–670), is amended—

17 (1) in subsection (a)—

18 (A) by striking ‘‘Not late than 1 year after

19 the date of enactment of this Act, the Sec20 retary’’ and inserting ‘‘The Secretary’’;

21 (B) by striking ‘‘to conduct’’ and inserting

22 ‘‘to complete, not later than October 31,

23 1999,’’; and

24 (C) by striking ‘‘805(b) and 806(b)’’ and

25 inserting ‘‘605(b) and 606(b)’’;
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1 (2) in subsection (b), by striking ‘‘805(b) or

2 806(b)’’ and inserting ‘‘606(b) or 606(b)’’; and

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

4 ‘‘(c) STATE WATER RIGHTS.—The results of the

5 study shall not affect, and shall not be taken into consider6 ation in, any proceeding to quantify the water rights of

7 any State.

8 ‘‘(d) INDIAN WATER RIGHTS.—The results of the

9 study shall not affect, and shall not be taken into consider10 ation in, any proceeding to quantify the water rights of

11 any Indian tribe or tribal nation.’’.

12 (i) AUTHORIZATION OF APPROPRIATIONS.—Section

13 609(a) of division C of the Omnibus Consolidated and

14 Emergency Supplemental Appropriations Act, 1999 (112

15 Stat. 2681–670), is amended—

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

17 end;

18 (2) in paragraph (2)—

19 (A) by striking ‘‘802(a)’’ and inserting

20 ‘‘605(a)’’; and

21 (B) by striking ‘‘803(d)(3) and

22 804(d)(3).’’ and inserting ‘‘603(d)(3) and

23 604(d)(3); and’’; and

24 (3) by adding at the end the following:
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1 ‘‘(3) to fund the annual expenses (not to exceed

2 the Federal cost as of the date of enactment of this

3 Act) of operating recreation areas to be transferred

4 under sections 605(c) and 606(c) or leased by the

5 State of South Dakota or Indian tribes, until such

6 time as the trust funds under sections 603 and 604

7 are fully capitalized.’’.

Passed the Senate April 19, 1999.

Attest:

Secretary.
106TH CONGRESS

1ST SESSION S. 507

AN ACT

To provide for the conservation and development of

United States, and for other purposes.for improvements to rivers and harbors of theretary of the Army to construct various projectswater and related resources, to authorize the Sec-
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