II

106TH CONGRESS

1ST SESSION S. 507

To provide for the conservation and development of water and related resources, to authorize the Secretary of the Army to construct various

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

and for other purposes.

IN THE SENATE OF THE UNITED STATES

MARCH 2, 1999

Mr. WARNER (for himself, Mr. CHAFEE, Mr. BAUCUS, Mr. VOINOVICH, Mr.

LAUTENBERG, Mr. BENNETT, and Mrs. BOXER) introduced the following

bill; which was read twice and referred to the Committee on Environment

and Public Works

A BILL

To provide for the conservation and development of water

and related resources, to authorize the Secretary of the

Army to construct various projects for improvements to

rivers and harbors of the United States, and for other

purposes.

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

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

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. Everglades and south Florida ecosystem restoration.

Sec. 206. Aquatic ecosystem restoration.

Sec. 207. Beneficial uses of dredged material.

Sec. 208. Voluntary contributions by States and political subdivisions.

Sec. 209. Recreation user fees.

Sec. 210. Water resources development studies for the Pacific region.

Sec. 211. Missouri and Middle Mississippi Rivers enhancement project.

Sec. 212. Outer Continental Shelf.

Sec. 213. Environmental dredging.

Sec. 214. Benefit of primary flood damages avoided included in benefit-cost

analysis.

Sec. 215. Control of aquatic plant growth.

Sec. 216. Environmental infrastructure.

Sec. 217. Watershed management, restoration, and development.

Sec. 218. Lakes program.

Sec. 219. Sediments decontamination policy.

Sec. 220. Disposal of dredged material on beaches.

Sec. 221. Fish and wildlife mitigation.

Sec. 222. Reimbursement of non-Federal interest.

Sec. 223. National Contaminated Sediment Task Force.

Sec. 224. Great Lakes basin program.

Sec. 225. Projects for improvement of the environment.

Sec. 226. Water quality, environmental quality, recreation, fish and wildlife,

flood control, and navigation.

Sec. 227. Irrigation diversion protection and fisheries enhancement assistance.

Sec. 228. Small storm damage reduction projects.

Sec. 229. Shore damage prevention or mitigation.

TITLE III—PROJECT-RELATED PROVISIONS

Sec. 301. Dredging of salt ponds in the State of Rhode Island.

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.
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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.

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:
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1 (1) SAND POINT HARBOR, ALASKA.—The

2 project for navigation, Sand Point Harbor, Alaska:

3 Report of the Chief of Engineers dated October 13,

4 1998, at a total cost of $11,760,000, with an esti5 mated Federal cost of $6,964,000 and an estimated

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

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

8 project for environmental restoration, Rio Salado

9 (Salt River), Arizona: Report of the Chief of Engi10 neers dated August 20, 1998, at a total cost of

11 $88,048,000, with an estimated Federal cost of

12 $56,355,000 and an estimated non-Federal cost of

13 $31,693,000.

14 (3) TUCSON DRAINAGE AREA, ARIZONA.—The

15 project for flood damage reduction, environmental

16 restoration, and recreation, Tucson drainage area,

17 Arizona: Report of the Chief of Engineers dated

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

19 an estimated Federal cost of $16,768,000 and an es20 timated non-Federal cost of $13,132,000.

21 (4) AMERICAN RIVER WATERSHED, CALIFOR22 NIA.—

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

24 damage reduction described as the Folsom

25 Stepped Release Plan in the Corps of Engineers
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1 Supplemental Information Report for the Amer2 ican River Watershed Project, California, dated

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

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

5 and an estimated non-Federal cost of

6 $176,100,000.

7 (B) IMPLEMENTATION.—

8 (i) IN GENERAL.—Implementation of

9 the measures by the Secretary pursuant to

10 subparagraph (A) shall be undertaken

11 after completion of the levee stabilization

12 and strengthening and flood warning fea13 tures authorized by section 101(a)(1) of

14 the Water Resources Development Act of

15 1996 (110 Stat. 3662).

16 (ii) FOLSOM DAM AND RESERVOIR.—

17 The Secretary may undertake measures at

18 the Folsom Dam and Reservoir authorized

19 under subparagraph (A) only after review20 ing the design of such measures to deter21 mine if modifications are necessary to ac22 count for changed hydrologic conditions

23 and any other changed conditions in the

24 project area, including operational and

25 construction impacts that have occurred
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1 since completion of the report referred to

2 in subparagraph (A). The Secretary shall

3 conduct the review and develop the modi4 fications to the Folsom Dam and Reservoir

5 with the full participation of the Secretary

6 of the Interior.

7 (iii) REMAINING DOWNSTREAM ELE8 MENTS.—

9 (I) IN GENERAL.—Implementa10 tion of the remaining downstream ele11 ments authorized pursuant to sub12 paragraph (A) may be undertaken

13 only after the Secretary, in consulta14 tion with affected Federal, State, re15 gional, and local entities, has reviewed

16 the elements to determine if modifica17 tions are necessary to address changes

18 in the hydrologic conditions, any other

19 changed conditions in the project area

20 that have occurred since completion of

21 the report referred to in subparagraph

22 (A) and any design modifications for

23 the Folsom Dam and Reservoir made

24 by the Secretary in implementing the
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1 measures referred to in clause (ii),

2 and has issued a report on the review.

3 (II) PRINCIPLES AND GUIDE4 LINES.—The review shall be prepared

5 in accordance with the economic and

6 environmental principles and guide7 lines for water and related land re8 sources implementation studies, and

9 no construction may be initiated un10 less the Secretary determines that the

11 remaining downstream elements are

12 technically sound, environmentally ac13 ceptable, and economically justified.

14 (5) LLAGAS CREEK, CALIFORNIA.—The project

15 for completion of the remaining reaches of the Natu16 ral Resources Conservation Service flood control

17 project at Llagas Creek, California, undertaken pur18 suant to section 5 of the Watershed Protection and

19 Flood Prevention Act (16 U.S.C. 1005), substan20 tially in accordance with the requirements of local

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

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

23 estimated Federal cost of $21,800,000 and an esti24 mated non-Federal share of $23,200,000.
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1 (6) SOUTH SACRAMENTO COUNTY STREAMS,

2 CALIFORNIA.—The project for flood control, environ3 mental restoration, and recreation, South Sac4 ramento County streams, California: Report of the

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

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

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

8 of $24,300,000.

9 (7) UPPER GUADALUPE RIVER, CALIFORNIA.—

10 Construction of the locally preferred plan for flood

11 damage reduction and recreation, Upper Guadalupe

12 River, California, described as the Bypass Channel

13 Plan of the Chief of Engineers dated August 19,

14 1998, at a total cost of $137,600,000, with an esti15 mated Federal cost of $44,000,000 and an esti16 mated non-Federal cost of $93,600,000.

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

18 project for flood damage reduction, Yuba River

19 Basin, California: Report of the Chief of Engineers

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

21 $26,600,000, with an estimated Federal cost of

22 $17,350,000 and an estimated non-Federal cost of

23 $9,250,000.

24 (9) DELAWARE BAY COASTLINE: DELAWARE

25 AND NEW JERSEY-BROADKILL BEACH, DELAWARE.—
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1 (A) IN GENERAL.—The project for hurri2 cane and storm damage reduction and shore

3 protection, Delaware Bay coastline: Delaware

4 and New Jersey-Broadkill Beach, Delaware,

5 Report of the Chief of Engineers dated August

6 17, 1998, at a total cost of $9,049,000, with an

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

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

9 (B) PERIODIC NOURISHMENT.—Periodic

10 nourishment is authorized for a 50-year period

11 at an estimated average annual cost of

12 $538,200, with an estimated annual Federal

13 cost of $349,800 and an estimated annual non14 Federal cost of $188,400.

15 (10) DELAWARE BAY COASTLINE: DELAWARE

16 AND NEW JERSEY-PORT MAHON, DELAWARE.—

17 (A) IN GENERAL.—The project for eco18 system restoration and shore protection, Dela19 ware Bay coastline: Delaware and New Jersey20 Port Mahon, Delaware: Report of the Chief of

21 Engineers dated September 28, 1998, at a total

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

23 cost of $4,969,000 and an estimated non-Fed24 eral cost of $2,675,000.
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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 $234,000, with an estimated annual Federal

5 cost of $152,000 and an estimated annual non6 Federal cost of $82,000.

7 (11) HILLSBORO AND OKEECHOBEE AQUIFER

8 STORAGE AND RECOVERY PROJECT, FLORIDA.—The

9 project for aquifer storage and recovery described in

10 the Corps of Engineers Central and Southern Flor11 ida Water Supply Study, Florida, dated April 1989,

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

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

14 Federal cost of $13,500,000 and an estimated non15 Federal cost of $13,500,000.

16 (12) INDIAN RIVER COUNTY, FLORIDA.—Not17 withstanding section 1001(a) of the Water Re18 sources Development Act of 1986 (33 U.S.C.

19 579a(a)), the project for shoreline protection, Indian

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

21 of that Act (100 Stat. 4134), shall remain author22 ized for construction through December 31, 2002.

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

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

25 protection at Lido Key Beach, Sarasota, Flor-
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1 ida, authorized by section 101 of the River and

2 Harbor Act of 1970 (84 Stat. 1819) and de3 authorized by operation of section 1001(b) of

4 the Water Resources Development Act of 1986

5 (33 U.S.C. 579a(b)), is authorized to be carried

6 out by the Secretary at a total cost of

7 $5,200,000, with an estimated Federal cost of

8 $3,380,000 and an estimated non-Federal cost

9 of $1,820,000.

10 (B) PERIODIC NOURISHMENT.—Periodic

11 nourishment is authorized for a 50-year period

12 at an estimated average annual cost of

13 $602,000, with an estimated annual Federal

14 cost of $391,000 and an estimated annual non15 Federal cost of $211,000.

16 (14) TAMPA HARBOR-BIG BEND CHANNEL,

17 FLORIDA.—The project for navigation, Tampa Har18 bor-Big Bend Channel, Florida: Report of the Chief

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

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

21 $6,235,000 and an estimated non-Federal cost of

22 $6,121,000.

23 (15) BRUNSWICK HARBOR, GEORGIA.—The

24 project for navigation, Brunswick Harbor, Georgia:

25 Report of the Chief of Engineers dated October 6,
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1 1998, at a total cost of $50,717,000, with an esti2 mated Federal cost of $32,966,000 and an esti3 mated non-Federal cost of $17,751,000.

4 (16) BEARGRASS CREEK, KENTUCKY.—The

5 project for flood damage reduction, Beargrass Creek,

6 Kentucky: Report of the Chief of Engineers dated

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

8 an estimated Federal cost of $7,262,000 and an es9 timated non-Federal cost of $3,910,000.

10 (17) AMITE RIVER AND TRIBUTARIES, LOUISI11 ANA, EAST BATON ROUGE PARISH WATERSHED.—

12 The project for flood damage reduction and recre13 ation, Amite River and Tributaries, Louisiana, East

14 Baton Rouge Parish Watershed: Report of the Chief

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

16 cost of $112,900,000, with an estimated Federal

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

18 cost of $39,500,000.

19 (18) BALTIMORE HARBOR ANCHORAGES AND

20 CHANNELS, MARYLAND AND VIRGINIA.—The project

21 for navigation, Baltimore Harbor Anchorages and

22 Channels, Maryland and Virginia: Report of the

23 Chief of Engineers, dated June 8, 1998, at a total

24 cost of $28,430,000, with an estimated Federal cost
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1 of $19,000,000 and an estimated non-Federal cost

2 of $9,430,000.

3 (19) RED LAKE RIVER AT CROOKSTON, MIN4 NESOTA.—The project for flood damage reduction,

5 Red Lake River at Crookston, Minnesota: Report of

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

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

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

9 cost of $3,230,000.

10 (20) NEW JERSEY SHORE PROTECTION, TOWN11 SENDS INLET TO CAPE MAY INLET, NEW JERSEY.—

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

14 restoration, and shore protection, New Jersey

15 coastline, Townsends Inlet to Cape May Inlet,

16 New Jersey: Report of the Chief of Engineers

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

18 $56,503,000, with an estimated Federal cost of

19 $36,727,000 and an estimated non-Federal cost

20 of $19,776,000.

21 (B) PERIODIC NOURISHMENT.—Periodic

22 nourishment is authorized for a 50-year period

23 at an estimated average annual cost of

24 $2,000,000, with an estimated annual Federal
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1 cost of $1,300,000 and an estimated annual

2 non-Federal cost of $700,000.

3 (21) PARK RIVER, NORTH DAKOTA.—

4 (A) IN GENERAL.—Subject to the condi5 tion stated in subparagraph (B), the project for

6 flood control, Park River, Grafton, North Da7 kota, authorized by section 401(a) of the Water

8 Resources Development Act of 1986 (100 Stat.

9 4121) and deauthorized under section 1001(a)

10 of the Water Resources Development Act of

11 1986 (33 U.S.C. 579a), at a total cost of

12 $28,100,000, with an estimated Federal cost of

13 $18,265,000 and an estimated non-Federal cost

14 of $9,835,000.

15 (B) CONDITION.—No construction may be

16 initiated unless the Secretary determines

17 through a general reevaluation report using

18 current data, that the project is technically

19 sound, environmentally acceptable, and eco20 nomically justified.

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

22 project for flood control, environmental restoration,

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

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

25 a total cost of $10,080,000, with an estimated Fed-
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1 eral cost of $6,560,000 and an estimated non-Fed2 eral cost of $3,520,000.

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

4 following projects for water resources development and

5 conservation and other purposes are authorized to be car6 ried out by the Secretary substantially in accordance with

7 the plans, and subject to the conditions recommended in

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

9 the Secretary, if the report of the Chief is completed not

10 later than December 31, 1999:

11 (1) NOME HARBOR IMPROVEMENTS, ALASKA.—

12 The project for navigation, Nome Harbor Improve13 ments, Alaska, at a total cost of $24,608,000, with

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

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

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

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

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

19 cost of $4,364,000 and an estimated first non-Fed20 eral cost of $7,876,000.

21 (3) HAMILTON AIRFIELD WETLAND RESTORA22 TION, CALIFORNIA.—The project for environmental

23 restoration at Hamilton Airfield, California, at a

24 total cost of $55,200,000, with an estimated Federal
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1 cost of $41,400,000 and an estimated non-Federal

2 cost of $13,800,000.

3 (4) OAKLAND, CALIFORNIA.—

4 (A) IN GENERAL.—The project for naviga5 tion and environmental restoration, Oakland,

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

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

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

9 (B) BERTHING AREAS AND OTHER LOCAL

10 SERVICE FACILITIES.—The non-Federal inter11 ests shall provide berthing areas and other local

12 service facilities necessary for the project at an

13 estimated cost of $42,310,000.

14 (5) DELAWARE BAY COASTLINE: DELAWARE

15 AND NEW JERSEY-ROOSEVELT INLET-LEWES BEACH,

16 DELAWARE.—

17 (A) IN GENERAL.—The project for naviga18 tion mitigation, shore protection, and hurricane

19 and storm damage reduction, Delaware Bay

20 coastline: Delaware and New Jersey-Roosevelt

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

22 $3,393,000, with an estimated Federal cost of

23 $2,620,000 and an estimated non-Federal cost

24 of $773,000.
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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 $196,000, with an estimated annual Federal

5 cost of $152,000 and an estimated annual non6 Federal cost of $44,000.

7 (6) DELAWARE COAST FROM CAPE HENELOPEN

8 TO FENWICK ISLAND, BETHANY BEACH/SOUTH

9 BETHANY BEACH, DELAWARE.—

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

12 protection, Delaware Coast from Cape

13 Henelopen to Fenwick Island, Bethany Beach/

14 South Bethany Beach, Delaware, at a total cost

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

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

17 cost of $7,772,000.

18 (B) PERIODIC NOURISHMENT.—Periodic

19 nourishment is authorized for a 50-year period

20 at an estimated average annual cost of

21 $1,584,000, with an estimated annual Federal

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

23 non-Federal cost of $554,000.

24 (7) JACKSONVILLE HARBOR, FLORIDA.—The

25 project for navigation, Jacksonville Harbor, Florida,
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1 at a total cost of $26,116,000, with an estimated

2 Federal cost of $9,129,000 and an estimated non3 Federal cost of $16,987,000.

4 (8) LITTLE TALBOT ISLAND, DUVAL COUNTY,

5 FLORIDA.—The project for hurricane and storm

6 damage prevention and shore protection, Little Tal7 bot Island, Duval County, Florida, at a total cost of

8 $5,915,000, with an estimated Federal cost of

9 $3,839,000 and an estimated non-Federal cost of

10 $2,076,000.

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

12 FLORIDA.—The project for navigation and recre13 ation, Ponce de Leon Inlet, Volusia County, Florida,

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

15 Federal cost of $2,988,000 and an estimated non16 Federal cost of $2,466,000.

17 (10) SAVANNAH HARBOR EXPANSION, GEOR18 GIA.—

19 (A) IN GENERAL.—Subject to subpara20 graph (B), the Secretary may carry out the

21 project for navigation, Savannah Harbor expan22 sion, Georgia, substantially in accordance with

23 the plans, and subject to the conditions, rec24 ommended in a final report of the Chief of En25 gineers, with such modifications as the Sec-
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1 retary deems appropriate, at a total cost of

2 $230,174,000 (of which amount a portion is au3 thorized for implementation of the mitigation

4 plan), with an estimated Federal cost of

5 $145,160,000 and an estimated non-Federal

6 cost of $85,014,000.

7 (B) CONDITIONS.—The project authorized

8 by subparagraph (A) may be carried out only

9 after—

10 (i) the Secretary, in consultation with

11 affected Federal, State, regional, and local

12 entities, has reviewed and approved an En13 vironmental Impact Statement that

14 includes—

15 (I) an analysis of the impacts of

16 project depth alternatives ranging

17 from 42 feet through 48 feet; and

18 (II) a selected plan for navigation

19 and associated mitigation plan as re20 quired by section 906(a) of the Water

21 Resources Development Act of 1986

22 (33 U.S.C. 2283); and

23 (ii) the Secretary of the Interior, the

24 Secretary of Commerce, and the Adminis25 trator of the Environmental Protection
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1 Agency, with the Secretary, have approved

2 the selected plan and have determined that

3 the mitigation plan adequately addresses

4 the potential environmental impacts of the

5 project.

6 (C) MITIGATION REQUIREMENTS.—The

7 mitigation plan shall be implemented in advance

8 of or concurrently with construction of the

9 project.

10 (11) TURKEY CREEK BASIN, KANSAS CITY, MIS11 SOURI AND KANSAS CITY, KANSAS.—The project for

12 flood damage reduction, Turkey Creek Basin, Kan13 sas City, Missouri, and Kansas City, Kansas, at a

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

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

16 cost of $17,279,000.

17 (12) LOWER CAPE MAY MEADOWS, CAPE MAY

18 POINT, NEW JERSEY.—

19 (A) IN GENERAL.—The project for naviga20 tion mitigation, ecosystem restoration, shore

21 protection, and hurricane and storm damage re22 duction, Lower Cape May Meadows, Cape May

23 Point, New Jersey, at a total cost of

24 $15,952,000, with an estimated Federal cost of
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1 $12,118,000 and an estimated non-Federal cost

2 of $3,834,000.

3 (B) PERIODIC NOURISHMENT.—Periodic

4 nourishment is authorized for a 50-year period

5 at an estimated average annual cost of

6 $1,114,000, with an estimated annual Federal

7 cost of $897,000 and an estimated annual non8 Federal cost of $217,000.

9 (13) NEW JERSEY SHORE PROTECTION, BRIG10 ANTINE INLET TO GREAT EGG HARBOR, BRIGANTINE

11 ISLAND, NEW JERSEY.—

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

14 protection, New Jersey Shore protection, Brig15 antine Inlet to Great Egg Harbor, Brigantine

16 Island, New Jersey, at a total cost of

17 $4,970,000, with an estimated Federal cost of

18 $3,230,000 and an estimated non-Federal cost

19 of $1,740,000.

20 (B) PERIODIC NOURISHMENT.—Periodic

21 nourishment is authorized for a 50-year period

22 at an estimated average annual cost of

23 $465,000, with an estimated annual Federal

24 cost of $302,000 and an estimated annual non25 Federal cost of $163,000.
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1 (14) MEMPHIS HARBOR, MEMPHIS, TEN2 NESSEE.—

3 (A) IN GENERAL.—Subject to subpara4 graph (B), the project for navigation, Memphis

5 Harbor, Memphis, Tennessee, authorized by

6 section 601(a) of the Water Resources Develop7 ment Act of 1986 (100 Stat. 4145) and de8 authorized under section 1001(a) of that Act

9 (33 U.S.C. 579a(a)) is authorized to be carried

10 out by the Secretary.

11 (B) CONDITION.—No construction may be

12 initiated unless the Secretary determines

13 through a general reevaluation report using

14 current data, that the project is technically

15 sound, environmentally acceptable, and eco16 nomically justified.

17 (15) HOWARD HANSON DAM, WASHINGTON.—

18 The project for water supply and ecosystem restora19 tion, Howard Hanson Dam, Washington, at a total

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

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

22 of $38,700,000.

23 SEC. 102. PROJECT MODIFICATIONS.

24 (a) PROJECTS WITH REPORTS.—
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1 (1) SAN LORENZO RIVER, CALIFORNIA.—The

2 project for flood control, San Lorenzo River, Califor3 nia, authorized by section 101(a)(5) of the Water

4 Resources Development Act of 1996 (110 Stat.

5 3663), is modified to authorize the Secretary to in6 clude as a part of the project streambank erosion

7 control measures to be undertaken substantially in

8 accordance with the report entitled ‘‘Bank Stabiliza9 tion Concept, Laurel Street Extension’’, dated April

10 23, 1998, at a total cost of $4,000,000, with an esti11 mated Federal cost of $2,600,000 and an estimated

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

13 (2) WOOD RIVER, GRAND ISLAND, NEBRASKA.—

14 The project for flood control, Wood River, Grand Is15 land, Nebraska, authorized by section 101(a)(19) of

16 the Water Resources Development Act of 1996 (110

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

18 construct the project in accordance with the Corps

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

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

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

22 $7,309,000.

23 (3) ABSECON ISLAND, NEW JERSEY.—The

24 project for Absecon Island, New Jersey, authorized

25 by section 101(b)(13) of the Water Resources Devel-
24

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1 opment Act of 1996 (110 Stat. 3668) is amended to

2 authorize the Secretary to reimburse the non-Fed3 eral interests for all work performed, consistent with

4 the authorized project.

5 (4) ARTHUR KILL, NEW YORK AND NEW JER6 SEY.—

7 (A) IN GENERAL.—The project for naviga8 tion, Arthur Kill, New York and New Jersey,

9 authorized by section 202(b) of the Water Re10 sources Development Act of 1986 (100 Stat.

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

12 the Water Resources Development Act of 1996

13 (110 Stat. 3711), is further modified to author14 ize the Secretary to construct the project at a

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

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

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

18 (B) BERTHING AREAS AND OTHER LOCAL

19 SERVICE FACILITIES.—The non-Federal inter20 ests shall provide berthing areas and other local

21 service facilities necessary for the project at an

22 estimated cost of $38,900,000.

23 (5) WAURIKA LAKE, OKLAHOMA, WATER CON24 VEYANCE FACILITIES.—The requirement for the

25 Waurika Project Master Conservancy District to
25

•S 507 IS

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

2 resulting from the October 1991 settlement of the

3 claim of the Travelers Insurance Company before

4 the United States Claims Court related to construc5 tion of the water conveyance facilities authorized by

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

7 841) is waived.

8 (b) PROJECTS SUBJECT TO REPORTS.—The follow9 ing projects are modified as follows, except that no funds

10 may be obligated to carry out work under such modifica11 tions until completion of a final report by the Chief of

12 Engineers, as approved by the Secretary, finding that such

13 work is technically sound, environmentally acceptable, and

14 economically justified, as applicable:

15 (1) THORNTON RESERVOIR, COOK COUNTY, IL16 LINOIS.—

17 (A) IN GENERAL.—The Thornton Res18 ervoir project, an element of the project for

19 flood control, Chicagoland Underflow Plan, Illi20 nois, authorized by section 3(a)(5) of the Water

21 Resources Development Act of 1988 (102 Stat.

22 4013), is modified to authorize the Secretary to

23 include additional permanent flood control stor24 age attributable to the Thorn Creek Reservoir

25 project, Little Calumet River Watershed, Illi-
26

•S 507 IS

1 nois, approved under the Watershed Protection

2 and Flood Prevention Act (16 U.S.C. 1001 et

3 seq.).

4 (B) COST SHARING.—Costs for the Thorn5 ton Reservoir project shall be shared in accord6 ance with section 103 of the Water Resources

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

8 (C) TRANSITIONAL STORAGE.—The Sec9 retary of Agriculture may cooperate with non10 Federal interests to provide, on a transitional

11 basis, flood control storage for the Thorn Creek

12 Reservoir project in the west lobe of the Thorn13 ton quarry.

14 (D) CREDITING.—The Secretary may cred15 it against the non-Federal share of the Thorn16 ton Reservoir project all design and construc17 tion costs incurred by the non-Federal interests

18 before the date of enactment of this Act.

19 (E) REEVALUATION REPORT.—The Sec20 retary shall determine the credits authorized by

21 subparagraph (D) that are integral to the

22 Thornton Reservoir project and the current

23 total project costs based on a limited reevalua24 tion report.

25 (2) WELLS HARBOR, WELLS, MAINE.—
27

•S 507 IS

1 (A) IN GENERAL.—The project for naviga2 tion, Wells Harbor, Maine, authorized by sec3 tion 101 of the River and Harbor Act of 1960

4 (74 Stat. 480), is modified to authorize the

5 Secretary to realign the channel and anchorage

6 areas based on a harbor design capacity of 150

7 craft.

8 (B) DEAUTHORIZATION OF CERTAIN POR9 TIONS.—The following portions of the project

10 are not authorized after the date of enactment

11 of this Act:

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

13 the boundaries of which begin at a point

14 with coordinates N177,992.00,

15 E394,831.00, thence running south 83 de16 grees 58 minutes 14.8 seconds west 10.38

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

18 thence running south 11 degrees 46 min19 utes 47.7 seconds west 991.76 feet to a

20 point N177,020.04, E394,618.21, thence

21 running south 78 degrees 13 minutes 45.7

22 seconds east 10.00 feet to a point

23 N177,018.00, E394,628.00, thence run24 ning north 11 degrees 46 minutes 22.8
28

•S 507 IS

1 seconds east 994.93 feet to the point of or2 igin.

3 (ii) The portion of the 6-foot anchor4 age the boundaries of which begin at a

5 point with coordinates N177,778.07,

6 E394,336.96, thence running south 51 de7 grees 58 minutes 32.7 seconds west 15.49

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

9 thence running south 11 degrees 46 min10 utes 26.5 seconds west 672.87 feet to a

11 point N177,109.82, E394,187.46, thence

12 running south 78 degrees 13 minutes 45.7

13 seconds east 10.00 feet to a point

14 N177,107.78, E394,197.25, thence run15 ning north 11 degrees 46 minutes 25.4

16 seconds east 684.70 feet to the point of or17 igin.

18 (iii) The portion of the 10-foot set19 tling basin the boundaries of which begin

20 at a point with coordinates N177,107.78,

21 E394,197.25, thence running north 78 de22 grees 13 minutes 45.7 seconds west 10.00

23 feet to a point N177,109.82, E394,187.46,

24 thence running south 11 degrees 46 min25 utes 15.7 seconds west 300.00 feet to a
29

•S 507 IS

1 point N176,816.13, E394,126.26, thence

2 running south 78 degrees 12 minutes 21.4

3 seconds east 9.98 feet to a point

4 N176,814.09, E394,136.03, thence run5 ning north 11 degrees 46 minutes 29.1

6 seconds east 300.00 feet to the point of or7 igin.

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

9 basin the boundaries of which begin at a

10 point with coordinates N177,018.00,

11 E394,628.00, thence running north 78 de12 grees 13 minutes 45.7 seconds west 10.00

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

14 thence running south 11 degrees 46 min15 utes 44.0 seconds west 300.00 feet to a

16 point N176,726.36, E394,556.97, thence

17 running south 78 degrees 12 minutes 30.3

18 seconds east 10.03 feet to a point

19 N176,724.31, E394,566.79, thence run20 ning north 11 degrees 46 minutes 22.4

21 seconds east 300.00 feet to the point of or22 igin.

23 (C) REDESIGNATIONS.—The following por24 tions of the project shall be redesignated as

25 part of the 6-foot anchorage:
30

•S 507 IS

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

2 the boundaries of which begin at a point

3 with coordinates N177,990.91,

4 E394,820.68, thence running south 83 de5 grees 58 minutes 40.8 seconds west 94.65

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

7 thence running south 11 degrees 46 min8 utes 22.4 seconds west 962.83 feet to a

9 point N177,038.40, E394,530.10, thence

10 running south 78 degrees 13 minutes 45.7

11 seconds east 90.00 feet to a point

12 N177,020.04, E394,618.21, thence run13 ning north 11 degrees 46 minutes 47.7

14 seconds east 991.76 feet to the point of or15 igin.

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

17 harbor settling basin the boundaries of

18 which begin at a point with coordinates

19 N177,020.04, E394,618.21, thence run20 ning north 78 degrees 13 minutes 30.5

21 seconds west 160.00 feet to a point

22 N177,052.69, E394,461.58, thence run23 ning south 11 degrees 46 minutes 45.4

24 seconds west 299.99 feet to a point

25 N176,759.02, E394,400.34, thence run-
31

•S 507 IS

1 ning south 78 degrees 13 minutes 17.9

2 seconds east 160 feet to a point

3 N176,726.36, E394,556.97, thence run4 ning north 11 degrees 46 minutes 44.0

5 seconds east 300.00 feet to the point of or6 igin.

7 (iii) The portion of the 6-foot anchor8 age the boundaries of which begin at a

9 point with coordinates N178,102.26,

10 E394,751.83, thence running south 51 de11 grees 59 minutes 42.1 seconds west 526.51

12 feet to a point N177,778.07, E394,336.96,

13 thence running south 11 degrees 46 min14 utes 26.6 seconds west 511.83 feet to a

15 point N177,277.01, E394,232.52, thence

16 running south 78 degrees 13 minutes 17.9

17 seconds east 80.00 feet to a point

18 N177,260.68, E394,310.84, thence run19 ning north 11 degrees 46 minutes 24.8

20 seconds east 482.54 feet to a point

21 N177,733.07, E394,409.30, thence run22 ning north 51 degrees 59 minutes 41.0

23 seconds east 402.63 feet to a point

24 N177,980.98, E394,726.55, thence run25 ning north 11 degrees 46 minutes 27.6
32

•S 507 IS

1 seconds east 123.89 feet to the point of or2 igin.

3 (D) REALIGNMENT.—The 6-foot anchorage

4 area described in subparagraph (C)(iii) shall be

5 realigned to include the area located south of

6 the inner harbor settling basin in existence on

7 the date of enactment of this Act beginning at

8 a point with coordinates N176,726.36,

9 E394,556.97, thence running north 78 degrees

10 13 minutes 17.9 seconds west 160.00 feet to a

11 point N176,759.02, E394,400.34, thence run12 ning south 11 degrees 47 minutes 03.8 seconds

13 west 45 feet to a point N176,714.97,

14 E394,391.15, thence running south 78 degrees

15 13 minutes 17.9 seconds 160.00 feet to a point

16 N176,682.31, E394,547.78, thence running

17 north 11 degrees 47 minutes 03.8 seconds east

18 45 feet to the point of origin.

19 (E) RELOCATION.—The Secretary may re20 locate the settling basin feature of the project

21 to the outer harbor between the jetties.

22 (3) NEW YORK HARBOR AND ADJACENT CHAN23 NELS, PORT JERSEY, NEW JERSEY.—The project for

24 navigation, New York Harbor and Adjacent Chan25 nels, Port Jersey, New Jersey, authorized by section
33

•S 507 IS

1 202(b) of the Water Resources Development Act of

2 1986 (100 Stat. 4098), is modified to authorize the

3 Secretary to construct the project at a total cost of

4 $103,267,000, with an estimated Federal cost of

5 $76,909,000 and an estimated non-Federal cost of

6 $26,358,000.

7 (c) BEAVER LAKE, ARKANSAS, WATER SUPPLY

8 STORAGE REALLOCATION.—The Secretary shall reallocate

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

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

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

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

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

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

15 MARYLAND.—The project for navigation, Baltimore Har16 bor and Channels, Maryland, authorized by section 101

17 of the River and Harbor Act of 1958 (72 Stat. 297), is

18 modified to direct the Secretary to straighten the

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

20 (e) TROPICANA WASH AND FLAMINGO WASH, NE21 VADA.—Any Federal costs associated with the Tropicana

22 and Flamingo Washes, Nevada, authorized by section

23 101(13) of the Water Resources Development Act of 1992

24 (106 Stat. 4803), incurred by the non-Federal interest to

25 accelerate or modify construction of the project, in co-
34

•S 507 IS

1 operation with the Corps of Engineers, shall be considered

2 to be eligible for reimbursement by the Secretary.

3 (f) REDIVERSION PROJECT, COOPER RIVER,

4 CHARLESTON HARBOR, SOUTH CAROLINA.—

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

6 Cooper River, Charleston Harbor, South Carolina,

7 authorized by section 101 of the River and Harbor

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

9 of the Energy and Water Development Appropria10 tions Act, 1992 (105 Stat. 517), is modified to au11 thorize the Secretary to pay the State of South

12 Carolina not more than $3,750,000, if the State en13 ters into an agreement with the Secretary providing

14 that the State shall perform all future operation of

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

16 associated studies to assess the efficacy of the fish

17 lift).

18 (2) CONTENTS.—The agreement shall specify

19 the terms and conditions under which payment will

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

21 the Secretary to recover all or a portion of the pay22 ment if the State suspends or terminates operation

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

24 a manner satisfactory to the Secretary.
35

•S 507 IS

1 (3) MAINTENANCE.—Maintenance of the fish

2 lift shall remain a Federal responsibility.

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

4 project for flood control and navigation, Trinity River and

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

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

7 add environmental restoration as a project purpose.

8 (h) BEACH EROSION CONTROL AND HURRICANE

9 PROTECTION, VIRGINIA BEACH, VIRGINIA.—

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

11 year that the Corps of Engineers does not receive

12 appropriations sufficient to meet expected project ex13 penditures for that year, the Secretary shall accept

14 from the city of Virginia Beach, Virginia, for pur15 poses of the project for beach erosion control and

16 hurricane protection, Virginia Beach, Virginia, au17 thorized by section 501(a) of the Water Resources

18 Development Act of 1986 (100 Stat. 4136), such

19 funds as the city may advance for the project.

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

21 appropriations, the Secretary shall repay, without in22 terest, the amount of any advance made under para23 graph (1), from appropriations that may be provided

24 by Congress for river and harbor, flood control,

25 shore protection, and related projects.
36

•S 507 IS

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

2 Notwithstanding any other provision of law, after the date

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

4 shall not be obligated to make the annual cash contribu5 tion required under paragraph 1(9) of the Local Coopera6 tion Agreement dated December 12, 1978, between the

7 Government and the city for the project for navigation,

8 southern branch of Elizabeth River, Chesapeake, Virginia.

9 (j) PAYMENT OPTION, MOOREFIELD, WEST VIR10 GINIA.—The Secretary may permit the non-Federal inter11 ests for the project for flood control, Moorefield, West Vir12 ginia, to pay without interest the remaining non-Federal

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

14 by the Secretary.

15 (k) MIAMI DADE AGRICULTURAL AND RURAL LAND

16 RETENTION PLAN AND SOUTH BISCAYNE, FLORIDA.—

17 Section 528(b)(3) of the Water Resources Development

18 Act of 1996 (110 Stat. 3768) is amended by adding at

19 the end the following:

20 ‘‘(D) CREDIT AND REIMBURSEMENT OF

21 PAST AND FUTURE ACTIVITIES.—The Secretary

22 may afford credit to or reimburse the non-Fed23 eral sponsors (using funds authorized by sub24 paragraph (C)) for the reasonable costs of any

25 work that has been performed or will be per-
37

•S 507 IS

1 formed in connection with a study or activity

2 meeting the requirements of subparagraph (A)

3 if—

4 ‘‘(i) the Secretary determines that—

5 ‘‘(I) the work performed by the

6 non-Federal sponsors will substan7 tially expedite completion of a critical

8 restoration project; and

9 ‘‘(II) the work is necessary for a

10 critical restoration project; and

11 ‘‘(ii) the credit or reimbursement is

12 granted pursuant to a project-specific

13 agreement that prescribes the terms and

14 conditions of the credit or reimburse15 ment.’’.

16 (l) LAKE MICHIGAN, ILLINOIS.—

17 (1) IN GENERAL.—The project for storm dam18 age reduction and shoreline protection, Lake Michi19 gan, Illinois, from Wilmette, Illinois, to the Illinois20 Indiana State line, authorized by section 101(a)(12)

21 of the Water Resources Development Act of 1996

22 (110 Stat. 3664), is modified to provide for reim23 bursement for additional project work undertaken by

24 the non-Federal interest.
38

•S 507 IS

1 (2) CREDIT OR REIMBURSEMENT.—The Sec2 retary shall credit or reimburse the non-Federal in3 terest for the Federal share of project costs incurred

4 by the non-Federal interest in designing, construct5 ing, or reconstructing reach 2F (700 feet south of

6 Fullerton Avenue and 500 feet north of Fullerton

7 Avenue), reach 3M (Meigs Field), and segments 7

8 and 8 of reach 4 (43rd Street to 57th Street), if the

9 non-Federal interest carries out the work in accord10 ance with plans approved by the Secretary, at an es11 timated total cost of $83,300,000.

12 (3) REIMBURSEMENT.—The Secretary shall re13 imburse the non-Federal interest for the Federal

14 share of project costs incurred by the non-Federal

15 interest in reconstructing the revetment structures

16 protecting Solidarity Drive in Chicago, Illinois, be17 fore the signing of the project cooperation agree18 ment, at an estimated total cost of $7,600,000.

19 (m) MEASUREMENTS OF LAKE MICHIGAN DIVER20 SIONS, ILLINOIS.—Section 1142(b) of the Water Re21 sources Development Act of 1986 (100 Stat. 4253) is

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

23 fiscal year beginning after September 30, 1986’’ and in24 serting ‘‘a total of $1,250,000 for each of fiscal years

25 1999 through 2003’’.
39

•S 507 IS

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

2 The project for navigation at Dubuque, Iowa, authorized

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

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

5 a wetland demonstration area of approximately 1.5 acres

6 to be developed and operated by the Dubuque County His7 torical Society or a successor nonprofit organization.

8 (o) LOUISIANA STATE PENITENTIARY LEVEE.—The

9 Secretary may credit against the non-Federal share work

10 performed in the project area of the Louisiana State Peni11 tentiary Levee, Mississippi River, Louisiana, authorized by

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

13 of 1986 (100 Stat. 4117).

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

15 environmental infrastructure, Jackson County, Mis16 sissippi, authorized by section 219(c)(5) of the Water Re17 sources Development Act of 1992 (106 Stat. 4835) and

18 modified by section 504 of the Water Resources Develop19 ment Act of 1996 (110 Stat. 3757), is modified to direct

20 the Secretary to provide a credit, not to exceed

21 $5,000,000, against the non-Federal share of the cost of

22 the project for the costs incurred by the Jackson County

23 Board of Supervisors since February 8, 1994, in con24 structing the project, if the Secretary determines that such
40

•S 507 IS

1 costs are for work that the Secretary determines was com2 patible with and integral to the project.

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

4 CAROLINA.—

5 (1) IN GENERAL.—Except as otherwise pro6 vided in this paragraph, the Secretary shall convey

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

8 interest of the United States in the parcels of land

9 described in subparagraph (B) that are currently

10 being managed by the South Carolina Department

11 of Natural Resources for fish and wildlife mitigation

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

13 South Carolina, project authorized by the Flood

14 Control Act of 1966 and modified by the Water Re15 sources Development Act of 1986.

16 (2) LAND DESCRIPTION.—

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

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

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

20 and associated supplemental agreements or are

21 designated in red in Exhibit A of Army License

22 No. DACW21–3–85–1904, excluding all des23 ignated parcels in the license that are below ele24 vation 346 feet mean sea level or that are less
41

•S 507 IS

1 than 300 feet measured horizontally from the

2 top of the power pool.

3 (B) MANAGEMENT OF EXCLUDED PAR4 CELS.—Management of the excluded parcels

5 shall continue in accordance with the terms of

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

7 the Secretary and the State enter into an agree8 ment under subparagraph (F).

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

10 description of the land shall be determined by

11 a survey satisfactory to the Secretary, with the

12 cost of the survey borne by the State.

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

14 be responsible for all costs, including real estate

15 transaction and environmental compliance costs, as16 sociated with the conveyance.

17 (4) PERPETUAL STATUS.—

18 (A) IN GENERAL.—All land conveyed

19 under this paragraph shall be retained in public

20 ownership and shall be managed in perpetuity

21 for fish and wildlife mitigation purposes in ac22 cordance with a plan approved by the Secretary.

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

24 not managed for fish and wildlife mitigation
42

•S 507 IS

1 purposes in accordance with the plan, title to

2 the parcel shall revert to the United States.

3 (5) ADDITIONAL TERMS AND CONDITIONS.—

4 The Secretary may require such additional terms

5 and conditions in connection with the conveyance as

6 the Secretary considers appropriate to protect the

7 interests of the United States.

8 (6) FISH AND WILDLIFE MITIGATION AGREE9 MENT.—

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

11 the State of South Carolina not more than

12 $4,850,000 subject to the Secretary and the

13 State entering into a binding agreement for the

14 State to manage for fish and wildlife mitigation

15 purposes in perpetuity the lands conveyed under

16 this paragraph and excluded parcels designated

17 in Exhibit A of Army License No. DACW21–

18 3–85–1904.

19 (B) FAILURE OF PERFORMANCE.—The

20 agreement shall specify the terms and condi21 tions under which payment will be made and

22 the rights of, and remedies available to, the

23 Federal Government to recover all or a portion

24 of the payment if the State fails to manage any
43

•S 507 IS

1 parcel in a manner satisfactory to the Sec2 retary.

3 (r) LAND CONVEYANCE, CLARKSTON, WASHING4 TON.—

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

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

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

8 of the land described in the Department of the Army

9 lease No. DACW68–1–97–22, consisting of approxi10 mately 31 acres, the exact boundaries of which shall

11 be determined by the Secretary and the Port of

12 Clarkston.

13 (2) ADDITIONAL LAND.—The Secretary may

14 convey to the Port of Clarkston, Washington, at fair

15 market value as determined by the Secretary, such

16 additional land located in the vicinity of Clarkston,

17 Washington, as the Secretary determines to be ex18 cess to the needs of the Columbia River Project and

19 appropriate for conveyance.

20 (3) TERMS AND CONDITIONS.—The conveyances

21 made under subsections (a) and (b) shall be subject

22 to such terms and conditions as the Secretary deter23 mines to be necessary to protect the interests of the

24 United States, including a requirement that the Port

25 of Clarkston pay all administrative costs associated
44

•S 507 IS

1 with the conveyances, including the cost of land sur2 veys and appraisals and costs associated with com3 pliance with applicable environmental laws (includ4 ing regulations).

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

6 shall be required to pay the fair market value, as de7 termined by the Secretary, of any land conveyed

8 pursuant to subsection (a) that is not retained in

9 public ownership or is used for other than public

10 park or recreation purposes, except that the Sec11 retary shall have a right of reverter to reclaim pos12 session and title to any such land.

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

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

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

16 Act authorizing the construction of certain public works

17 on rivers and harbors for flood control, and other pur18 poses’’, approved June 22, 1936 (49 Stat. 1586, chapter

19 688), as modified by section 323 of the Water Resources

20 Development Act of 1996 (110 Stat. 3716), is modified

21 to authorize the Secretary to undertake the riverfront al22 terations described in the Central Indianapolis Waterfront

23 Concept Plan, dated February 1994, for the Canal Devel24 opment (Upper Canal feature) and the Beveridge Paper

25 feature, at a total cost not to exceed $25,000,000, of
45

•S 507 IS

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

2 $12,500,000 is the estimated non-Federal cost, except

3 that no such alterations may be undertaken unless the

4 Secretary determines that the alterations authorized by

5 this subsection, in combination with the alterations under6 taken under section 323 of the Water Resources Develop7 ment Act of 1996 (110 Stat. 3716), are economically justi8 fied.

9 (t) FOX POINT HURRICANE BARRIER, PROVIDENCE,

10 RHODE ISLAND.—The project for hurricane-flood protec11 tion, Fox Point, Providence, Rhode Island, authorized by

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

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

14 necessary repairs to the barrier, as identified in the Condi15 tion Survey and Technical Assessment dated April 1998

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

17 $3,000,000, with an estimated Federal cost of $1,950,000

18 and an estimated non-Federal cost of $1,050,000.

19 SEC. 103. PROJECT DEAUTHORIZATIONS.

20 (a) BRIDGEPORT HARBOR, CONNECTICUT.—The por21 tion of the project for navigation, Bridgeport Harbor,

22 Connecticut, authorized by section 101 of the River and

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

24 acre anchorage area 9 feet deep and an adjacent 0.60-

25 acre anchorage area 6 feet deep, located on the west side
46

•S 507 IS

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

2 date of enactment of this Act.

3 (b) BASS HARBOR, MAINE.—

4 (1) DEAUTHORIZATION.—The portions of the

5 project for navigation, Bass Harbor, Maine, author6 ized on May 7, 1962, under section 107 of the River

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

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

9 of enactment of this Act.

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

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

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

13 N149040.00, E538505.00, thence running eas14 terly about 50.00 feet along the northern limit

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

16 E538550.11, thence running southerly about

17 642.08 feet to a point, N148477.64,

18 E538817.18, thence running southwesterly

19 about 156.27 feet to a point on the westerly

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

21 thence running northerly about 149.00 feet

22 along the westerly limit of the project to a bend

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

24 thence running northwesterly about 610.39 feet
47

•S 507 IS

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) EAST BOOTHBAY HARBOR, MAINE.—Section 364

19 of the Water Resources Development Act of 1996 (110

20 Stat. 3731) is amended by striking paragraph (9) and in21 serting the following:

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

23 project for navigation, East Boothbay Harbor,

24 Maine, authorized by the first section of the Act en25 titled ‘An Act making appropriations for the con-
48

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1 struction, repair, and preservation of certain public

2 works on rivers and harbors, and for other pur3 poses’, approved June 25, 1910 (36 Stat. 657).’’.

4 SEC. 104. STUDIES.

5 (a) CADDO LEVEE, RED RIVER BELOW DENISON

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

7 The Secretary shall conduct a study to determine the fea8 sibility of undertaking a project for flood control, Caddo

9 Levee, Red River Below Denison Dam, Arizona, Louisi10 ana, Oklahoma, and Texas, including incorporating the ex11 isting levee, along Twelve Mile Bayou from its juncture

12 with the existing Red River Below Denison Dam Levee

13 approximately 26 miles upstream to its terminus at high

14 ground in the vicinity of Black Bayou, Louisiana.

15 (b) FIELDS LANDING CHANNEL, HUMBOLDT HAR16 BOR, CALIFORNIA.—The Secretary—

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

18 navigation, Fields Landing Channel, Humboldt Har19 bor and Bay, California, to a depth of minus 35 feet

20 (MLLW), and for that purpose may use any feasibil21 ity report prepared by the non-Federal sponsor

22 under section 203 of the Water Resources Develop23 ment Act of 1986 (33 U.S.C. 2231) for which reim24 bursement of the Federal share of the study is au-
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1 thorized subject to the availability of appropriations;

2 and

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

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

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

6 feasible.

7 (c) STRAWBERRY CREEK, BERKELEY, CALIFOR8 NIA.—The Secretary shall conduct a study to determine

9 the feasibility of restoring Strawberry Creek, Berkeley,

10 California, and the Federal interest in environmental res11 toration, conservation of fish and wildlife resources, recre12 ation, and water quality.

13 (d) 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 (e) 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 (f) 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 (g) 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 (h) 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 (i) 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 (j) GOOSE CREEK WATERSHED, OAKLEY, IDAHO.—

6 The Secretary shall conduct a study to determine the fea7 sibility of undertaking flood damage reduction, water con8 servation, ground water recharge, ecosystem restoration,

9 and related purposes along the Goose Creek watershed

10 near Oakley, Idaho.

11 (k) ACADIANA NAVIGATION CHANNEL, LOUISIANA.—

12 The Secretary shall conduct a study to determine the fea13 sibility of assuming operations and maintenance for the

14 Acadiana Navigation Channel located in Iberia and Ver15 million Parishes, Louisiana.

16 (l) CAMERON PARISH WEST OF CALCASIEU RIVER,

17 LOUISIANA.—The Secretary shall conduct a study to de18 termine the feasibility of a storm damage reduction and

19 ecosystem restoration project for Cameron Parish west of

20 Calcasieu River, Louisiana.

21 (m) BENEFICIAL USE OF DREDGED MATERIAL,

22 COASTAL LOUISIANA.—The Secretary shall conduct a

23 study to determine the feasibility of using dredged mate24 rial from maintenance activities at Federal navigation
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1 projects in coastal Louisiana to benefit coastal areas in

2 the State.

3 (n) CONTRABAND BAYOU NAVIGATION CHANNEL,

4 LOUISIANA.—The Secretary shall conduct a study to de5 termine the feasibility of assuming the maintenance at

6 Contraband Bayou, Calcasieu River Ship Canal, Louisi7 ana.

8 (o) GOLDEN MEADOW LOCK, LOUISIANA.—The Sec9 retary shall conduct a study to determine the feasibility

10 of converting the Golden Meadow floodgate into a naviga11 tion lock to be included in the Larose to Golden Meadow

12 Hurricane Protection Project, Louisiana.

13 (p) GULF INTRACOASTAL WATERWAY ECOSYSTEM

14 PROTECTION, CHEF MENTEUR TO SABINE RIVER, LOU15 ISIANA.—

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

17 a study to determine the feasibility of undertaking

18 ecosystem restoration and protection measures along

19 the Gulf Intracoastal Waterway from Chef Menteur

20 to Sabine River, Louisiana.

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

22 shall address saltwater intrusion, tidal scour, ero23 sion, and other water resources related problems in

24 that area.
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1 (q) LAKE PONTCHARTRAIN, LOUISIANA, AND VICIN2 ITY, ST. CHARLES PARISH PUMPS.—The Secretary shall

3 conduct a study to determine the feasibility of modifying

4 the Lake Pontchartrain Hurricane Protection Project to

5 include the St. Charles Parish Pumps and the modifica6 tion of the seawall fronting protection along Lake Pont7 chartrain in Orleans Parish, from New Basin Canal on

8 the west to the Inner Harbor Navigation Canal on the

9 east.

10 (r) LAKE PONTCHARTRAIN AND VICINITY SEAWALL

11 RESTORATION, LOUISIANA.—The Secretary shall conduct

12 a study to determine the feasibility of undertaking struc13 tural modifications of that portion of the seawall fronting

14 protection along the south shore of Lake Pontchartrain

15 in Orleans Parish, Louisiana, extending approximately 5

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

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

18 Pontchartrain and Vicinity Hurricane Protection Project,

19 authorized by section 204 of the Flood Control Act of

20 1965 (79 Stat. 1077).

21 (s) DETROIT RIVER, MICHIGAN, GREENWAY COR22 RIDOR STUDY.—

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

24 a study to determine the feasibility of a project for

25 shoreline protection, frontal erosion, and associated
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1 purposes in the Detroit River shoreline area from

2 the Belle Isle Bridge to the Ambassador Bridge in

3 Detroit, Michigan.

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

5 the study, the Secretary shall review potential

6 project modifications to any existing Corps projects

7 within the same area.

8 (t) ST. CLAIR SHORES FLOOD CONTROL, MICHI9 GAN.—The Secretary shall conduct a study to determine

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

11 Clair Shores, Michigan.

12 (u) WOODTICK PENINSULA, MICHIGAN, AND TOLEDO

13 HARBOR, OHIO.—The Secretary shall conduct a study to

14 determine the feasibility of utilizing dredged material from

15 Toledo Harbor, Ohio, to provide erosion reduction, naviga16 tion, and ecosystem restoration at Woodtick Peninsula,

17 Michigan.

18 (v) TUNICA LAKE WEIR, MISSISSIPPI.—

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

20 a study to determine the feasibility of constructing

21 an outlet weir at Tunica Lake, Tunica County, Mis22 sissippi, and Lee County, Arkansas, for the purpose

23 of stabilizing water levels in the Lake.

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

25 study, the Secretary shall include as a part of the
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1 economic analysis the benefits derived from recre2 ation uses at the Lake and economic benefits associ3 ated with restoration of fish and wildlife habitat.

4 (w) PROTECTIVE FACILITIES FOR THE ST. LOUIS,

5 MISSOURI, RIVERFRONT AREA.—

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

7 study to determine the optimal plan to protect facili8 ties that are located on the Mississippi River river9 front within the boundaries of St. Louis, Missouri.

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

11 the Secretary shall—

12 (A) evaluate alternatives to offer safety

13 and security to facilities; and

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

15 evaluate the current situation, probable solu16 tions, and estimated costs.

17 (3) REPORT.—Not later than April 15, 1999,

18 the Secretary shall submit to Congress a report on

19 the results of the study.

20 (x) YELLOWSTONE RIVER, MONTANA.—

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

22 comprehensive study of the Yellowstone River from

23 Gardiner, Montana to the confluence of the Missouri

24 River to determine the hydrologic, biological, and so25 cioeconomic cumulative impacts on the river.
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1 (2) CONSULTATION AND COORDINATION.—The

2 Secretary shall conduct the study in consultation

3 with the United States Fish and Wildlife Service,

4 the United States Geological Survey, and the Natu5 ral Resources Conservation Service and with the full

6 participation of the State of Montana and tribal and

7 local entities, and provide for public participation.

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

9 date of enactment of this Act, the Secretary shall

10 submit a report to Congress on the results of the

11 study.

12 (y) LAS VEGAS VALLEY, NEVADA.—

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

14 a comprehensive study of water resources located in

15 the Las Vegas Valley, Nevada.

16 (2) OBJECTIVES.—The study shall identify

17 problems and opportunities related to ecosystem res18 toration, water quality, particularly the quality of

19 surface runoff, water supply, and flood control.

20 (z) OSWEGO RIVER BASIN, NEW YORK.—The Sec21 retary shall conduct a study to determine the feasibility

22 of establishing a flood forecasting system within the

23 Oswego River basin, New York.

24 (aa) PORT OF NEW YORK-NEW JERSEY NAVIGATION

25 STUDY AND ENVIRONMENTAL RESTORATION STUDY.—
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1 (1) NAVIGATION STUDY.—The Secretary shall

2 conduct a comprehensive study of navigation needs

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

4 South Brooklyn Marine and Red Hook Container

5 Terminals, Staten Island, and adjacent areas) to ad6 dress improvements, including deepening of existing

7 channels to depths of 50 feet or greater, that are re8 quired to provide economically efficient and environ9 mentally sound navigation to meet current and fu10 ture requirements.

11 (2) ENVIRONMENTAL RESTORATION STUDY.—

12 The Secretary, acting through the Chief of Engi13 neers, shall review the report of the Chief of Engi14 neers on the New York Harbor, printed in the

15 House Management Plan of the Harbor Estuary

16 Program, and other pertinent reports concerning the

17 New York Harbor Region and the Port of New

18 York-New Jersey, to determine the Federal interest

19 in advancing harbor environmental restoration.

20 (3) REPORT.—The Secretary may use funds

21 from the ongoing navigation study for New York

22 and New Jersey Harbor to complete a reconnais23 sance report for environmental restoration by De24 cember 31, 1999. The navigation study to deepen
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1 New York and New Jersey Harbor shall consider

2 beneficial use of dredged material.

3 (bb) BANK STABILIZATION, MISSOURI RIVER,

4 NORTH DAKOTA.—

5 (1) STUDY.—

6 (A) IN GENERAL.—The Secretary shall

7 conduct a study to determine the feasibility of

8 bank stabilization on the Missouri River be9 tween the Garrison Dam and Lake Oahe in

10 North Dakota.

11 (B) ELEMENTS.—In conducting the study,

12 the Secretary shall study—

13 (i) options for stabilizing the erosion

14 sites on the banks of the Missouri River

15 between the Garrison Dam and Lake Oahe

16 identified in the report developed by the

17 North Dakota State Water Commission,

18 dated December 1997, including stabiliza19 tion through nontraditional measures;

20 (ii) the cumulative impact of bank

21 stabilization measures between the Garri22 son Dam and Lake Oahe on fish and wild23 life habitat and the potential impact of ad24 ditional stabilization measures, including
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1 the impact of nontraditional stabilization

2 measures;

3 (iii) the current and future effects, in4 cluding economic and fish and wildlife

5 habitat effects, that bank erosion is having

6 on creating the delta at the beginning of

7 Lake Oahe; and

8 (iv) the impact of taking no additional

9 measures to stabilize the banks of the Mis10 souri River between the Garrison Dam and

11 Lake Oahe.

12 (C) INTERESTED PARTIES.—In conducting

13 the study, the Secretary shall, to the maximum

14 extent practicable, seek the participation and

15 views of interested Federal, State, and local

16 agencies, landowners, conservation organiza17 tions, and other persons.

18 (D) REPORT.—

19 (i) IN GENERAL.—The Secretary shall

20 report to Congress on the results of the

21 study not later than 1 year after the date

22 of enactment of this Act.

23 (ii) STATUS.—If the Secretary cannot

24 complete the study and report to Congress

25 by the day that is 1 year after the date of
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1 enactment of this Act, the Secretary shall,

2 by that day, report to Congress on the sta3 tus of the study and report, including an

4 estimate of the date of completion.

5 (2) EFFECT ON EXISTING PROJECTS.—This

6 subsection does not preclude the Secretary from es7 tablishing or carrying out a stabilization project that

8 is authorized by law.

9 (cc) CLEVELAND HARBOR, CLEVELAND, OHIO.—The

10 Secretary shall conduct a study to determine the feasibility

11 of undertaking repairs and related navigation improve12 ments at Dike 14, Cleveland, Ohio.

13 (dd) EAST LAKE, VERMILLION AND CHAGRIN,

14 OHIO.—

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

16 a study to determine the feasibility of undertaking

17 flood damage reduction at East Lake, Vermillion

18 and Chagrin, Ohio.

19 (2) ICE RETENTION STRUCTURE.—In conduct20 ing the study, the Secretary may consider construc21 tion of an ice retention structure as a potential

22 means of providing flood damage reduction.

23 (ee) TOUSSAINT RIVER, CARROLL TOWNSHIP,

24 OHIO.—The Secretary shall conduct a study to determine
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1 the feasibility of undertaking navigation improvements at

2 Toussaint River, Carroll Township, Ohio.

3 (ff) SANTEE DELTA WETLAND HABITAT, SOUTH

4 CAROLINA.—Not later than 18 months after the date of

5 enactment of this Act, the Secretary shall complete a com6 prehensive study of the ecosystem in the Santee Delta

7 focus area of South Carolina to determine the feasibility

8 of undertaking measures to enhance the wetland habitat

9 in the area.

10 (gg) WACCAMAW RIVER, SOUTH CAROLINA.—The

11 Secretary shall conduct a study to determine the feasibility

12 of a flood control project for the Waccamaw River in

13 Horry County, South Carolina.

14 (hh) UPPER SUSQUEHANNA-LACKAWANNA, PENN15 SYLVANIA, WATERSHED MANAGEMENT AND RESTORA16 TION STUDY.—

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

18 a study to determine the feasibility of a comprehen19 sive flood plain management and watershed restora20 tion project for the Upper Susquehanna-Lacka21 wanna Watershed, Pennsylvania.

22 (2) GEOGRAPHIC INFORMATION SYSTEM.—In

23 conducting the study, the Secretary shall use a geo24 graphic information system.
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1 (3) PLANS.—The study shall formulate plans

2 for comprehensive flood plain management and envi3 ronmental restoration.

4 (4) CREDITING.—Non-Federal interests may re5 ceive credit for in-kind services and materials that

6 contribute to the study. The Secretary may credit

7 non-Corps Federal assistance provided to the non8 Federal interest toward the non-Federal share of

9 study costs to the maximum extent authorized by

10 law.

11 (ii) NIOBRARA RIVER AND MISSOURI RIVER SEDI12 MENTATION STUDY, SOUTH DAKOTA.—The Secretary

13 shall conduct a study of the Niobrara River watershed and

14 the operations of Fort Randall Dam and Gavins Point

15 Dam on the Missouri River to determine the feasibility

16 of alleviating the bank erosion, sedimentation, and related

17 problems in the lower Niobrara River and the Missouri

18 River below Fort Randall Dam.

19 (jj) SANTA CLARA RIVER, UTAH.—

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

21 a study to determine the feasibility of undertaking

22 measures to alleviate damage caused by flooding,

23 bank erosion, and sedimentation along the watershed

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

25 Reservoir.
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1 (2) CONTENTS.—The study shall include an

2 analysis of watershed conditions and water quality,

3 as related to flooding and bank erosion, along the

4 Santa Clara River in the vicinity of the town of

5 Gunlock, Utah.

6 (kk) AGAT SMALL BOAT HARBOR, GUAM.—The Sec7 retary shall conduct a study to determine the feasibility

8 of undertaking the repair and reconstruction of Agat

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

10 shore protection measures and construction or a revetment

11 of the breakwater seawall.

12 (ll) APRA HARBOR SEAWALL, GUAM.—The Secretary

13 shall conduct a study to determine the feasibility of under14 taking measures to repair, upgrade, and extend the sea15 wall protecting Apra Harbor, Guam, and to ensure contin16 ued access to the harbor via Route 11B.

17 (mm) APRA HARBOR FUEL PIERS, GUAM.—The Sec18 retary shall conduct a study to determine the feasibility

19 of undertaking measures to upgrade the piers and fuel

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

21 Guam, and measures to provide for erosion control and

22 protection against storm damage.

23 (nn) MAINTENANCE DREDGING OF HARBOR PIERS,

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

25 the feasibility of Federal maintenance of areas adjacent
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1 to piers at harbors in Guam, including Apra Harbor, Agat

2 Harbor, and Agana Marina.

3 (oo) ALTERNATIVE WATER SOURCES STUDY.—

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

5 Environmental Protection Agency shall conduct a

6 study of the water supply needs of States that are

7 not currently eligible for assistance under title XVI

8 of the Reclamation Projects Authorization and Ad9 justment Act of 1992 (43 U.S.C. 390h et seq.).

10 (2) REQUIREMENTS.—The study shall—

11 (A) identify the water supply needs (in12 cluding potable, commercial, industrial, rec13 reational and agricultural needs) of each State

14 described in paragraph (1) through 2020, mak15 ing use of such State, regional, and local plans,

16 studies, and reports as are available;

17 (B) evaluate the feasibility of various alter18 native water source technologies such as reuse

19 and reclamation of wastewater and stormwater

20 (including indirect potable reuse), aquifer stor21 age and recovery, and desalination to meet the

22 anticipated water supply needs of the States;

23 and
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1 (C) assess how alternative water sources

2 technologies can be utilized to meet the identi3 fied needs.

4 (3) REPORT.—The Administrator shall report

5 to Congress on the results of the study not more

6 than 180 days after the date of enactment of this

7 Act.

8 TITLE II—GENERAL PROVISIONS

9 SEC. 201. FLOOD HAZARD MITIGATION AND RIVERINE ECO10 SYSTEM RESTORATION PROGRAM.

11 (a) IN GENERAL.—

12 (1) AUTHORIZATION.—The Secretary may carry

13 out a program to reduce flood hazards and restore

14 the natural functions and values of riverine eco15 systems throughout the United States.

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

17 the Secretary shall conduct studies to identify appro18 priate flood damage reduction, conservation, and

19 restoration measures and may design and implement

20 watershed management and restoration projects.

21 (3) PARTICIPATION.—The studies and projects

22 carried out under the program shall be conducted, to

23 the extent practicable, with the full participation of

24 the appropriate Federal agencies, including the De25 partment of Agriculture, the Federal Emergency
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1 Management Agency, the Department of the Inte2 rior, the Environmental Protection Agency, and the

3 Department of Commerce.

4 (4) NONSTRUCTURAL APPROACHES.—The stud5 ies and projects shall, to the extent practicable, em6 phasize nonstructural approaches to preventing or

7 reducing flood damages.

8 (b) COST-SHARING REQUIREMENTS.—

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

10 under subsection (a) shall be shared in accordance

11 with section 105 of the Water Resources Develop12 ment Act of 1986 (33 Stat. 2215).

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

14 shall pay 35 percent of the cost of any project car15 ried out under this section.

16 (3) IN-KIND CONTRIBUTIONS.—The non-Fed17 eral interests shall provide all land, easements,

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

19 relocations necessary for the projects. The value of

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

21 disposal areas, and relocations shall be credited to22 ward the payment required under this subsection.

23 (4) RESPONSIBILITIES OF THE NON-FEDERAL

24 INTERESTS.—The non-Federal interests shall be re25 sponsible for all costs associated with operating,
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1 maintaining, replacing, repairing, and rehabilitating

2 all projects carried out under this section.

3 (c) PROJECT JUSTIFICATION.—

4 (1) IN GENERAL.—The Secretary may imple5 ment a project under this section if the Secretary

6 determines that the project—

7 (A) will significantly reduce potential flood

8 damages;

9 (B) will improve the quality of the environ10 ment; and

11 (C) is justified considering all costs and

12 beneficial outputs of the project.

13 (2) SELECTION CRITERIA; POLICIES AND PRO14 CEDURES.—Not later than 180 days after the date

15 of enactment of this Act, the Secretary shall—

16 (A) develop criteria for selecting and rating

17 the projects to be carried out as part of the

18 program authorized by this section; and

19 (B) establish policies and procedures for

20 carrying out the studies and projects under21 taken under this section.

22 (d) REPORTING REQUIREMENT.—The Secretary may

23 not implement a project under this section until—

24 (1) the Secretary provides to the Committee on

25 Environment and Public Works of the Senate and
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1 the Committee on Transportation and Infrastructure

2 of the House of Representatives a written notifica3 tion describing the project and the determinations

4 made under subsection (c); and

5 (2) a period of 21 calendar days has expired

6 following the date on which the notification was re7 ceived by the Committees.

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

9 the Secretary shall examine the potential for flood damage

10 reductions at appropriate locations, including—

11 (1) Le May, Missouri;

12 (2) the upper Delaware River basin, New York;

13 (3) Tillamook County, Oregon;

14 (4) Providence County, Rhode Island; and

15 (5) Willamette River basin, Oregon.

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

17 $25,000,000 in Army Civil Works appropriations may be

18 expended on any single project undertaken under this sec19 tion.

20 (g) AUTHORIZATION OF APPROPRIATIONS.—

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

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

23 for the period of fiscal years 2000 and 2001.

24 (2) PROGRAM FUNDING LEVELS.—All studies

25 and projects undertaken under this authority from
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1 Army Civil Works appropriations shall be fully fund2 ed within the program funding levels provided in this

3 subsection.

4 SEC. 202. SHORE PROTECTION.

5 Section 103(d) of the Water Resources Development

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

7 (1) by striking ‘‘Costs of constructing’’ and in8 serting the following:

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

10 and

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

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

13 a project authorized for construction after December

14 31, 1999, or for which a feasibility study is com15 pleted after that date, the non-Federal cost of the

16 periodic nourishment of projects or measures for

17 shore protection or beach erosion control shall be 50

18 percent, except that—

19 ‘‘(A) all costs assigned to benefits to pri20 vately owned shores (where use of such shores

21 is limited to private interests) or to prevention

22 of losses of private land shall be borne by non23 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. EVERGLADES AND SOUTH FLORIDA ECOSYSTEM

23 RESTORATION.

24 Subparagraphs (B) and (C)(i) of section 528(b)(3)

25 of the Water Resources Development Act of 1996 (110
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1 Stat. 3769) are amended by striking ‘‘1999’’ and inserting

2 ‘‘2000’’.

3 SEC. 206. AQUATIC ECOSYSTEM RESTORATION.

4 Section 206(c) of the Water Resources Development

5 Act of 1996 (33 U.S.C. 2330(c)) is amended—

6 (1) by striking ‘‘Construction’’ and inserting

7 the following:

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

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

10 ‘‘(2) NONPROFIT ENTITIES.—Notwithstanding

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

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

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

14 nonprofit entity, with the consent of the affected

15 local government.’’.

16 SEC. 207. BENEFICIAL USES OF DREDGED MATERIAL.

17 Section 204 of the Water Resources Development Act

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

19 end the following:

20 ‘‘(g) NONPROFIT ENTITIES.—Notwithstanding sec21 tion 221 of the Flood Control Act of 1970 (42 U.S.C.

22 1962d–5b), for any project carried out under this section,

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

24 the consent of the affected local government.’’.
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1 SEC. 208. VOLUNTARY CONTRIBUTIONS BY STATES AND PO2 LITICAL SUBDIVISIONS.

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

4 701h), is amended by inserting ‘‘or environmental restora5 tion’’ after ‘‘flood control’’.

6 SEC. 209. RECREATION USER FEES.

7 (a) WITHHOLDING OF AMOUNTS.—

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

9 through 2002, the Secretary may withhold from the

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

11 of the Land and Water Conservation Fund Act of

12 1965 (16 U.S.C. 460l–6a(i)(1)(A)) 100 percent of

13 the amount of receipts above a baseline of

14 $34,000,000 per each fiscal year received from fees

15 imposed at recreation sites under the administrative

16 jurisdiction of the Department of the Army under

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

18 (2) USE.—The amounts withheld shall be re19 tained by the Secretary and shall be available, with20 out further Act of appropriation, for expenditure by

21 the Secretary in accordance with subsection (b).

22 (3) AVAILABILITY.—The amounts withheld

23 shall remain available until September 30, 2005.

24 (b) USE OF AMOUNTS WITHHELD.—In order to in25 crease the quality of the visitor experience at public rec26 reational areas and to enhance the protection of resources,
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1 the amounts withheld under subsection (a) may be used

2 only for—

3 (1) repair and maintenance projects (including

4 projects relating to health and safety);

5 (2) interpretation;

6 (3) signage;

7 (4) habitat or facility enhancement;

8 (5) resource preservation;

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

10 (7) maintenance; and

11 (8) law enforcement related to public use.

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

13 Secretary shall be available for expenditure, without fur14 ther Act of appropriation, at the specific project from

15 which the amount, above baseline, is collected.

16 SEC. 210. WATER RESOURCES DEVELOPMENT STUDIES FOR

17 THE PACIFIC REGION.

18 Section 444 of the Water Resources Development Act

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

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

21 development (including navigation, flood damage reduc22 tion, and environmental restoration)’’.

23 SEC. 211. MISSOURI AND MIDDLE MISSISSIPPI RIVERS EN24 HANCEMENT PROJECT.

25 (a) DEFINITIONS.—In this section:
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1 (1) MIDDLE MISSISSIPPI RIVER.—The term

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

3 Mississippi River from the mouth of the Ohio River

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

5 of the Missouri River (river mile 195).

6 (2) MISSOURI RIVER.—The term ‘‘Missouri

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

8 Missouri River (including reservoirs) from its con9 fluence with the Mississippi River at St. Louis, Mis10 souri, to its headwaters near Three Forks, Montana.

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

12 project authorized by this section.

13 (b) PROTECTION AND ENHANCEMENT ACTIVITIES.—

14 (1) PLAN.—

15 (A) DEVELOPMENT.—Not later than 180

16 days after the date of enactment of this Act,

17 the Secretary shall develop a plan for a project

18 to protect and enhance fish and wildlife habitat

19 of the Missouri River and the middle Mis20 sissippi River.

21 (B) ACTIVITIES.—

22 (i) IN GENERAL.—The plan shall pro23 vide for such activities as are necessary to

24 protect and enhance fish and wildlife habi25 tat without adversely affecting—
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1 (I) the water-related needs of the

2 region surrounding the Missouri River

3 and the middle Mississippi River, in4 cluding flood control, navigation,

5 recreation, and enhancement of water

6 supply; and

7 (II) private property rights.

8 (ii) REQUIRED ACTIVITIES.—The plan

9 shall include—

10 (I) modification and improvement

11 of navigation training structures to

12 protect and enhance fish and wildlife

13 habitat;

14 (II) modification and creation of

15 side channels to protect and enhance

16 fish and wildlife habitat;

17 (III) restoration and creation of

18 island fish and wildlife habitat;

19 (IV) creation of riverine fish and

20 wildlife habitat;

21 (V) establishment of criteria for

22 prioritizing the type and sequencing of

23 activities based on cost-effectiveness

24 and likelihood of success; and
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1 (VI) physical and biological mon2 itoring for evaluating the success of

3 the project, to be performed by the

4 River Studies Center of the United

5 States Geological Survey in Columbia,

6 Missouri.

7 (2) IMPLEMENTATION OF ACTIVITIES.—

8 (A) IN GENERAL.—Using funds made

9 available to carry out this section, the Secretary

10 shall carry out the activities described in the

11 plan.

12 (B) USE OF EXISTING AUTHORITY FOR

13 UNCONSTRUCTED FEATURES OF THE

14 PROJECT.—Using funds made available to the

15 Secretary under other law, the Secretary shall

16 design and construct any feature of the project

17 that may be carried out using the authority of

18 the Secretary to modify an authorized project,

19 if the Secretary determines that the design and

20 construction will—

21 (i) accelerate the completion of activi22 ties to protect and enhance fish and wild23 life habitat of the Missouri River or the

24 middle Mississippi River; and
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1 (ii) be compatible with the project

2 purposes described in this section.

3 (c) INTEGRATION OF OTHER ACTIVITIES.—

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

5 described in subsection (b), the Secretary shall inte6 grate the activities with other Federal, State, and

7 tribal activities.

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

9 confers any new regulatory authority on any Federal

10 or non-Federal entity that carries out any activity

11 authorized by this section.

12 (d) PUBLIC PARTICIPATION.—In developing and car13 rying out the plan and the activities described in sub14 section (b), the Secretary shall provide for public review

15 and comment in accordance with applicable Federal law,

16 including—

17 (1) providing advance notice of meetings;

18 (2) providing adequate opportunity for public

19 input and comment;

20 (3) maintaining appropriate records; and

21 (4) compiling a record of the proceedings of

22 meetings.

23 (e) COMPLIANCE WITH APPLICABLE LAW.—In carry24 ing out the activities described in subsections (b) and (c),

25 the Secretary shall comply with any applicable Federal
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1 law, including the National Environmental Policy Act of

2 1969 (42 U.S.C. 4321 et seq.).

3 (f) COST SHARING.—

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

5 share of the cost of the project shall be 35 percent.

6 (2) FEDERAL SHARE.—The Federal share of

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

8 shall not exceed $5,000,000.

9 (3) OPERATION AND MAINTENANCE.—The op10 eration and maintenance of the project shall be a

11 non-Federal responsibility.

12 (g) AUTHORIZATION OF APPROPRIATIONS.—There is

13 authorized to be appropriated to pay the Federal share

14 of the cost of carrying out activities under this section

15 $30,000,000 for the period of fiscal years 2000 and 2001.

16 SEC. 212. OUTER CONTINENTAL SHELF.

17 (a) SAND, GRAVEL, AND SHELL.—Section 8(k)(2)(B)

18 of the Outer Continental Shelf Lands Act (43 U.S.C.

19 1337(k)(2)(B)) is amended in the second sentence by in20 serting before the period at the end the following: ‘‘or any

21 other non-Federal interest subject to an agreement en22 tered into under section 221 of the Flood Control Act of

23 1970 (42 U.S.C. 1962d–5b)’’.

24 (b) REIMBURSEMENT FOR LOCAL INTERESTS.—Any

25 amounts paid by non-Federal interests for beach erosion
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1 control, hurricane protection, shore protection, or storm

2 damage reduction projects as a result of an assessment

3 under section 8(k) of the Outer Continental Shelf Lands

4 Act (43 U.S.C. 1337(k)) shall be fully reimbursed.

5 SEC. 213. ENVIRONMENTAL DREDGING.

6 Section 312(f) of the Water Resources Development

7 Act of 1990 (33 U.S.C. 1272(f)) is amended by adding

8 at the end the following:

9 ‘‘(6) Snake Creek, Bixby, Oklahoma.’’.

10 SEC. 214. BENEFIT OF PRIMARY FLOOD DAMAGES AVOIDED

11 INCLUDED IN BENEFIT-COST ANALYSIS.

12 Section 308 of the Water Resources Development Act

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

14 (1) in the heading of subsection (a), by striking

15 ‘‘BENEFIT-COST ANALYSIS’’ and inserting ‘‘ELE16 MENTS EXCLUDED FROM COST-BENEFIT ANALY17 SIS’’;

18 (2) by redesignating subsections (b) through (e)

19 as subsections (c) through (f), respectively;

20 (3) by inserting after subsection (a) the follow21 ing:

22 ‘‘(b) ELEMENTS INCLUDED IN COST-BENEFIT ANAL23 YSIS.—The Secretary shall include primary flood damages

24 avoided in the benefit base for justifying Federal non25 structural flood damage reduction projects.’’; and
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1 (4) in the first sentence of subsection (e) (as re2 designated by paragraph (2)), by striking ‘‘(b)’’ and

3 inserting ‘‘(d)’’.

4 SEC. 215. CONTROL OF AQUATIC PLANT GROWTH.

5 Section 104(a) of the River and Harbor Act of 1958

6 (33 U.S.C. 610(a)) is amended—

7 (1) by inserting ‘‘Arundo dona,’’ after ‘‘water8 hyacinth,’’; and

9 (2) by inserting ‘‘tarmarix’’ after ‘‘melaleuca’’.

10 SEC. 216. ENVIRONMENTAL INFRASTRUCTURE.

11 Section 219(c) of the Water Resources Development

12 Act of 1992 (106 Stat. 4835) is amended by adding at

13 the end the following:

14 ‘‘(19) LAKE TAHOE, CALIFORNIA AND NE15 VADA.—Regional water system for Lake Tahoe,

16 California and Nevada.

17 ‘‘(20) LANCASTER, CALIFORNIA.—Fox Field In18 dustrial Corridor water facilities, Lancaster, Califor19 nia.

20 ‘‘(21) SAN RAMON, CALIFORNIA.—San Ramon

21 Valley recycled water project, San Ramon, Califor22 nia.’’.
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1 SEC. 217. WATERSHED MANAGEMENT, RESTORATION, AND

2 DEVELOPMENT.

3 Section 503 of the Water Resources Development Act

4 of 1996 (110 Stat. 3756) is amended—

5 (1) in subsection (d)—

6 (A) by striking paragraph (10) and insert7 ing the following:

8 ‘‘(10) Regional Atlanta Watershed, Atlanta,

9 Georgia, and Lake Lanier of Forsyth and Hall

10 Counties, Georgia.’’; and

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

12 ‘‘(14) Clear Lake watershed, California.

13 ‘‘(15) Fresno Slough watershed, California.

14 ‘‘(16) Hayward Marsh, Southern San Francisco

15 Bay watershed, California.

16 ‘‘(17) Kaweah River watershed, California.

17 ‘‘(18) Lake Tahoe watershed, California and

18 Nevada.

19 ‘‘(19) Malibu Creek watershed, California.

20 ‘‘(20) Truckee River basin, Nevada.

21 ‘‘(21) Walker River basin, Nevada.

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

23 ‘‘(23) Catawba River watershed, North Caro24 lina.’’;

25 (2) by redesignating subsection (e) as sub26 section (f); and
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1 (3) by inserting after subsection (d) the follow2 ing:

3 ‘‘(e) NONPROFIT ENTITIES.—Notwithstanding sec4 tion 221(b) of the Flood Control Act of 1970 (42 U.S.C.

5 1962d–5b(b)), for any project undertaken under this sec6 tion, with the consent of the affected local government,

7 a non-Federal interest may include a nonprofit entity.’’.

8 SEC. 218. LAKES PROGRAM.

9 Section 602(a) of the Water Resources Development

10 Act of 1986 (100 Stat. 4148) is amended—

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

12 end;

13 (2) in paragraph (16), by striking the period at

14 the end; and

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

16 ‘‘(17) Clear Lake, Lake County, California, re17 moval of silt and aquatic growth and development of

18 a sustainable weed and algae management program;

19 ‘‘(18) Flints Pond, Hollis, New Hampshire, re20 moval of excessive aquatic vegetation; and

21 ‘‘(19) Osgood Pond, Milford, New Hampshire,

22 removal of excessive aquatic vegetation.’’.
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1 SEC. 219. SEDIMENTS DECONTAMINATION POLICY.

2 Section 405 of the Water Resources Development Act

3 of 1992 (33 U.S.C. 2239 note; Public Law 102–580) is

4 amended—

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

6 following:

7 ‘‘(4) PRACTICAL END-USE PRODUCTS.—Tech8 nologies selected for demonstration at the pilot scale

9 shall result in practical end-use products.

10 ‘‘(5) ASSISTANCE BY THE SECRETARY.—The

11 Secretary shall assist the project to ensure expedi12 tious completion by providing sufficient quantities of

13 contaminated dredged material to conduct the full14 scale demonstrations to stated capacity.’’; and

15 (2) in subsection (c), by striking the first sen16 tence and inserting the following: ‘‘There is author17 ized to be appropriated to carry out this section a

18 total of $22,000,000 to complete technology testing,

19 technology commercialization, and the development

20 of full scale processing facilities within the New

21 York/New Jersey Harbor.’’.

22 SEC. 220. DISPOSAL OF DREDGED MATERIAL ON BEACHES.

23 (a) IN GENERAL.—Section 145 of the Water Re24 sources Development Act of 1976 (33 U.S.C. 426j) is

25 amended in the first sentence by striking ‘‘50’’ and insert26 ing ‘‘35’’.
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1 (b) GREAT LAKES BASIN.—The Secretary shall work

2 with the State of Ohio, other Great Lakes States, and po3 litical subdivisions of the States to fully implement and

4 maximize beneficial reuse of dredged material as provided

5 under section 145 of the Water Resources Development

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

7 SEC. 221. FISH AND WILDLIFE MITIGATION.

8 Section 906(e) of the Water Resources Development

9 Act of 1986 (33 U.S.C. 2283(e)) is amended by inserting

10 after the second sentence the following: ‘‘Not more than

11 80 percent of the non-Federal share of such first costs

12 may be in kind, including a facility, supply, or service that

13 is necessary to carry out the enhancement project.’’.

14 SEC. 222. REIMBURSEMENT OF NON-FEDERAL INTEREST.

15 Section 211(e)(2)(A) of the Water Resources Devel16 opment Act of 1996 (33 U.S.C. 701b–13(e)(2)(A)) is

17 amended by striking ‘‘subject to amounts being made

18 available in advance in appropriations Acts’’ and inserting

19 ‘‘subject to the availability of appropriations’’.

20 SEC. 223. NATIONAL CONTAMINATED SEDIMENT TASK

21 FORCE.

22 (a) DEFINITION OF TASK FORCE.—In this section,

23 the term ‘‘Task Force’’ means the National Contaminated

24 Sediment Task Force established by section 502 of the
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1 National Contaminated Sediment Assessment and Man2 agement Act (33 U.S.C. 1271 note; Public Law 102–580).

3 (b) CONVENING.—The Secretary and the Adminis4 trator shall convene the Task Force not later than 90 days

5 after the date of enactment of this Act.

6 (c) REPORTING ON REMEDIAL ACTION.—

7 (1) IN GENERAL.—Not later than 1 year after

8 the date of enactment of this Act, the Task Force

9 shall submit to Congress a report on the status of

10 remedial actions at aquatic sites in the areas de11 scribed in paragraph (2).

12 (2) AREAS.—The report under paragraph (1)

13 shall address remedial actions in—

14 (A) areas of probable concern identified in

15 the survey of data regarding aquatic sediment

16 quality required by section 503(a) of the Na17 tional Contaminated Sediment Assessment and

18 Management Act (33 U.S.C. 1271);

19 (B) areas of concern within the Great

20 Lakes, as identified under section 118(f) of the

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

22 1268(f));

23 (C) estuaries of national significance iden24 tified under section 320 of the Federal Water

25 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. 224. 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 maxi-
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1 mum extent practicable, and in cooperation with the Great

2 Lakes States, submit to Congress a report detailing the

3 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. 225. 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. 226. 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. 227. 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 prior23 ity 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. 228. 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. 229. 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 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 (10) through (13), respectively;

9 and

10 (2) by inserting after paragraph (8) the follow11 ing:

12 ‘‘(9) FORTESCUE INLET, DELAWARE BAY, NEW

13 JERSEY.—Project for navigation for Fortescue Inlet,

14 Delaware Bay, New Jersey.’’.

15 SEC. 305. STREAMBANK PROTECTION PROJECTS.

16 (a) ARCTIC OCEAN, BARROW, ALASKA.—The Sec17 retary shall evaluate and, if justified under section 14 of

18 the Flood Control Act of 1946 (33 U.S.C. 701r), carry

19 out storm damage reduction and coastal erosion measures

20 at the town of Barrow, Alaska.

21 (b) SAGINAW RIVER, BAY CITY, MICHIGAN.—The

22 Secretary may construct appropriate control structures in

23 areas along the Saginaw River in the city of Bay City,

24 Michigan, under authority of section 14 of the Flood Con25 trol Act of 1946 (33 Stat. 701r).
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1 (c) YELLOWSTONE RIVER, BILLINGS, MONTANA.—

2 The streambank protection project at Coulson Park, along

3 the Yellowstone River, Billings, Montana, shall be eligible

4 for assistance under section 14 of the Flood Control Act

5 of 1946 (33 U.S.C. 701r).

6 (d) MONONGAHELA RIVER, POINT MARION, PENN7 SYLVANIA.—The Secretary shall evaluate and, if justified

8 under section 14 of the Flood Control Act of 1946 (33

9 U.S.C. 701r), carry out streambank erosion control meas10 ures along the Monongahela River at the borough of Point

11 Marion, Pennsylvania.

12 SEC. 306. AQUATIC ECOSYSTEM RESTORATION, SPRING13 FIELD, OREGON.

14 (a) IN GENERAL.—Under section 1135 of the Water

15 Resources Development Act of 1990 (33 Stat. 2309a) or

16 other applicable authority, the Secretary shall conduct

17 measures to address water quality, water flows and fish

18 habitat restoration in the historic Springfield, Oregon,

19 millrace through the reconfiguration of the existing

20 millpond, if the Secretary determines that harmful im21 pacts have occurred as the result of a previously con22 structed flood control project by the Corps of Engineers.

23 (b) NON-FEDERAL SHARE.—The non-Federal share,

24 excluding lands, easements, rights-of-way, dredged mate25 rial disposal areas, and relocations, shall be 25 percent.
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1 (c) AUTHORIZATION OF APPROPRIATIONS.—There is

2 authorized to be appropriated to carry out this section

3 $1,500,000.

4 SEC. 307. GUILFORD AND NEW HAVEN, CONNECTICUT.

5 The Secretary shall expeditiously complete the activi6 ties authorized under section 346 of the Water Resources

7 Development Act of 1992 (106 Stat. 4858), including ac8 tivities associated with Sluice Creek in Guilford, Connecti9 cut, and Lighthouse Point Park in New Haven, Connecti10 cut.

11 SEC. 308. FRANCIS BLAND FLOODWAY DITCH.

12 (a) REDESIGNATION.—The project for flood control,

13 Eight Mile Creek, Paragould, Arkansas, authorized by sec14 tion 401(a) of the Water Resources Development Act of

15 1986 (100 Stat. 4112) and known as ‘‘Eight Mile Creek,

16 Paragould, Arkansas’’, shall be known and designated as

17 the ‘‘Francis Bland Floodway Ditch’’.

18 (b) LEGAL REFERENCES.—Any reference in any law,

19 map, regulation, document, paper, or other record of the

20 United States to the project and creek referred to in sub21 section (a) shall be deemed to be a reference to the

22 Francis Bland Floodway Ditch.

23 SEC. 309. CALOOSAHATCHEE RIVER BASIN, FLORIDA.

24 Section 528(e)(4) of the Water Resources Develop25 ment Act of 1996 (110 Stat. 3770) is amended in the first
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1 sentence by inserting before the period at the end the fol2 lowing: ‘‘, including potential land acquisition in the

3 Caloosahatchee River basin or other areas’’.

4 SEC. 310. CUMBERLAND, MARYLAND, FLOOD PROJECT

5 MITIGATION.

6 (a) IN GENERAL.—The project for flood control and

7 other purposes, Cumberland, Maryland, authorized by sec8 tion 5 of the Act of June 22, 1936 (commonly known as

9 the ‘‘Flood Control Act of 1936’’) (49 Stat. 1574, chapter

10 688), is modified to authorize the Secretary to undertake,

11 as a separate part of the project, restoration of the historic

12 Chesapeake and Ohio Canal substantially in accordance

13 with the Chesapeake and Ohio Canal National Historic

14 Park, Cumberland, Maryland, Rewatering Design Analy15 sis, dated February 1998, at a total cost of $15,000,000,

16 with an estimated Federal cost of $9,750,000 and an esti17 mated non-Federal cost of $5,250,000.

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

19 for the restoration project under subsection (a)—

20 (1) may provide all or a portion of the non-Fed21 eral share of project costs in the form of in-kind

22 services; and

23 (2) shall receive credit toward the non-Federal

24 share of project costs for design and construction

25 work performed by the non-Federal interest before
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1 execution of a project cooperation agreement and for

2 land, easements, and rights-of-way required for the

3 restoration and acquired by the non-Federal interest

4 before execution of such an agreement.

5 (c) OPERATION AND MAINTENANCE.—The operation

6 and maintenance of the restoration project under sub7 section (a) shall be the full responsibility of the National

8 Park Service.

9 SEC. 311. CITY OF MIAMI BEACH, FLORIDA.

10 Section 5(b)(3)(C)(i) of the Act of August 13, 1946

11 (33 U.S.C. 426h), is amended by inserting before the

12 semicolon the following: ‘‘, including the city of Miami

13 Beach, Florida’’.

14 SEC. 312. SARDIS RESERVOIR, OKLAHOMA.

15 (a) IN GENERAL.—The Secretary shall accept from

16 the State of Oklahoma or an agent of the State an

17 amount, as determined under subsection (b), as prepay18 ment of 100 percent of the water supply cost obligation

19 of the State under Contract No. DACW56–74–JC–0314

20 for water supply storage at Sardis Reservoir, Oklahoma.

21 (b) DETERMINATION OF AMOUNT.—The amount to

22 be paid by the State of Oklahoma under subsection (a)

23 shall be subject to adjustment in accordance with accepted

24 discount purchase methods for Government properties as
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1 determined by an independent accounting firm designated

2 by the Director of the Office of Management and Budget.

3 (c) EFFECT.—Nothing in this section shall otherwise

4 affect any of the rights or obligations of the parties to

5 the contract referred to in subsection (a).

6 SEC. 313. UPPER MISSISSIPPI RIVER AND ILLINOIS WATER7 WAY SYSTEM NAVIGATION MODERNIZATION.

8 (a) FINDINGS.—Congress finds that—

9 (1) exports are necessary to ensure job creation

10 and an improved standard of living for the people of

11 the United States;

12 (2) the ability of producers of goods in the

13 United States to compete in the international mar14 ketplace depends on a modern and efficient trans15 portation network;

16 (3) a modern and efficient waterway system is

17 a transportation option necessary to provide United

18 States shippers a safe, reliable, and competitive

19 means to win foreign markets in an increasingly

20 competitive international marketplace;

21 (4) the need to modernize is heightened because

22 the United States is at risk of losing its competitive

23 edge as a result of the priority that foreign competi24 tors are placing on modernizing their own waterway

25 systems;
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1 (5) growing export demand projected over the

2 coming decades will force greater demands on the

3 waterway system of the United States and increase

4 the cost to the economy if the system proves inad5 equate to satisfy growing export opportunities;

6 (6) the locks and dams on the upper Mississippi

7 River and Illinois River waterway system were built

8 in the 1930s and have some of the highest average

9 delays to commercial tows in the country;

10 (7) inland barges carry freight at the lowest

11 unit cost while offering an alternative to truck and

12 rail transportation that is environmentally sound, is

13 energy efficient, is safe, causes little congestion, pro14 duces little air or noise pollution, and has minimal

15 social impact; and

16 (8) it should be the policy of the Corps of Engi17 neers to pursue aggressively modernization of the

18 waterway system authorized by Congress to promote

19 the relative competitive position of the United States

20 in the international marketplace.

21 (b) PRECONSTRUCTION ENGINEERING AND DE22 SIGN.—In accordance with the Upper Mississippi River23 Illinois Waterway System Navigation Study, the Secretary

24 shall proceed immediately to prepare engineering design,

25 plans, and specifications for extension of locks 20, 21, 22,
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1 24, 25 on the Mississippi River and the LaGrange and

2 Peoria Locks on the Illinois River, to provide lock cham3 bers 110 feet in width and 1,200 feet in length, so that

4 construction can proceed immediately upon completion of

5 studies and authorization of projects by Congress.

6 SEC. 314. UPPER MISSISSIPPI RIVER MANAGEMENT.

7 Section 1103 of the Water Resources Development

8 Act of 1986 (33 U.S.C. 652) is amended—

9 (1) in subsection (e)—

10 (A) by striking ‘‘(e)’’ and all that follows

11 through the end of paragraph (2) and inserting

12 the following:

13 ‘‘(e) UNDERTAKINGS.—

14 ‘‘(1) IN GENERAL.—

15 ‘‘(A) AUTHORITY.—The Secretary, in con16 sultation with the Secretary of the Interior and

17 the States of Illinois, Iowa, Minnesota, Mis18 souri, and Wisconsin, is authorized to

19 undertake—

20 ‘‘(i) a program for the planning, con21 struction, and evaluation of measures for

22 fish and wildlife habitat rehabilitation and

23 enhancement; and

24 ‘‘(ii) implementation of a program of

25 long-term resource monitoring, computer-
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1 ized data inventory and analysis, and ap2 plied research.

3 ‘‘(B) REQUIREMENTS FOR PROJECTS.—

4 Each project carried out under subparagraph

5 (A)(i) shall—

6 ‘‘(i) to the maximum extent prac7 ticable, simulate natural river processes;

8 ‘‘(ii) include an outreach and edu9 cation component; and

10 ‘‘(iii) on completion of the assessment

11 under subparagraph (D), address identified

12 habitat and natural resource needs.

13 ‘‘(C) ADVISORY COMMITTEE.—In carrying

14 out subparagraph (A), the Secretary shall cre15 ate an independent technical advisory commit16 tee to review projects, monitoring plans, and

17 habitat and natural resource needs assessments.

18 ‘‘(D) HABITAT AND NATURAL RESOURCE

19 NEEDS ASSESSMENT.—

20 ‘‘(i) AUTHORITY.—The Secretary is

21 authorized to undertake a systemic, river

22 reach, and pool scale assessment of habitat

23 and natural resource needs to serve as a

24 blueprint to guide habitat rehabilitation

25 and long-term resource monitoring.
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1 ‘‘(ii) DATA.—The habitat and natural

2 resource needs assessment shall, to the

3 maximum extent practicable, use data in

4 existence at the time of the assessment.

5 ‘‘(iii) TIMING.—The Secretary shall

6 complete a habitat and natural resource

7 needs assessment not later than 3 years

8 after the date of enactment of this sub9 paragraph.

10 ‘‘(2) REPORTS.—On December 31, 2005, in

11 consultation with the Secretary of the Interior and

12 the States of Illinois, Iowa, Minnesota, Missouri, and

13 Wisconsin, the Secretary shall prepare and submit to

14 Congress a report that—

15 ‘‘(A) contains an evaluation of the pro16 grams described in paragraph (1);

17 ‘‘(B) describes the accomplishments of

18 each program;

19 ‘‘(C) includes results of a habitat and nat20 ural resource needs assessment; and

21 ‘‘(D) identifies any needed adjustments in

22 the authorization under paragraph (1) or the

23 authorized appropriations under paragraphs

24 (3), (4), and (5).’’;

25 (B) in paragraph (3)—
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1 (i) by striking ‘‘paragraph (1)(A)’’

2 and inserting ‘‘paragraph (1)(A)(i)’’; and

3 (ii) by striking ‘‘Secretary not to ex4 ceed’’ and all that follows and inserting

5 ‘‘Secretary not to exceed $22,750,000 for

6 each of fiscal years 1999 through 2009.’’;

7 (C) in paragraph (4)—

8 (i) by striking ‘‘paragraph (1)(B)’’

9 and inserting ‘‘paragraph (1)(A)(ii)’’; and

10 (ii) by striking ‘‘$7,680,000’’ and all

11 that follows and inserting ‘‘$10,420,000

12 for each of fiscal years 1999 through

13 2009.’’;

14 (D) by striking paragraphs (5) and (6)

15 and inserting the following:

16 ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.—

17 There is authorized to be appropriated to carry out

18 paragraph (1)(C) not to exceed $350,000 for each of

19 fiscal years 1999 through 2009.

20 ‘‘(6) TRANSFER OF AMOUNTS.—

21 ‘‘(A) IN GENERAL.—For each fiscal year

22 beginning after September 30, 1992, the Sec23 retary, in consultation with the Secretary of the

24 Interior and the States of Illinois, Iowa, Min25 nesota, Missouri, and Wisconsin, may transfer
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1 appropriated amounts between the programs

2 under clauses (i) and (ii) of paragraph (1)(A)

3 and paragraph (1)(C).

4 ‘‘(B) APPORTIONMENT OF COSTS.—In car5 rying out paragraph (1)(D), the Secretary may

6 apportion the costs equally between the pro7 grams authorized by paragraph (1)(A).’’; 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 The Secretary may credit against the non-Federal

4 share such costs as are incurred by the non-Federal inter5 ests in preparing environmental and other preconstruction

6 documentation for the habitat restoration project, Nine

7 Mile Run, Pennsylvania, if the Secretary determines that

8 the documentation is integral to the project.

9 SEC. 317. LARKSPUR FERRY CHANNEL, CALIFORNIA.

10 The Secretary shall work with the Secretary of

11 Transportation on a proposed solution to carry out the

12 project to maintain the Larkspur Ferry Channel, Lark13 spur, California, authorized by section 601(d) of the

14 Water Resources Development Act of 1986 (100 Stat.

15 4148).

16 SEC. 318. COMPREHENSIVE FLOOD IMPACT-RESPONSE

17 MODELING SYSTEM.

18 (a) IN GENERAL.—The Secretary may study and im19 plement a Comprehensive Flood Impact-Response Model20 ing System for the Coralville Reservoir and the Iowa River

21 watershed, Iowa.

22 (b) STUDY.—The study shall include—

23 (1) an evaluation of the combined hydrologic,

24 geomorphic, environmental, economic, social, and

25 recreational impacts of operating strategies within

26 the watershed;
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1 (2) creation of an integrated, dynamic flood im2 pact model; and

3 (3) the development of a rapid response system

4 to be used during flood and emergency situations.

5 (c) REPORT TO CONGRESS.—Not later than 5 years

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

7 transmit a report to Congress on the results of the study

8 and modeling system and such recommendations as the

9 Secretary determines to be appropriate.

10 (d) AUTHORIZATION OF APPROPRIATIONS.—There is

11 authorized to be appropriated a total of $2,250,000 to

12 carry out this section.

13 SEC. 319. STUDY REGARDING INNOVATIVE FINANCING FOR

14 SMALL AND MEDIUM-SIZED PORTS.

15 (a) STUDY.—The Comptroller General of the United

16 States shall conduct a study and analysis of various alter17 natives for innovative financing of future construction, op18 eration, and maintenance of projects in small and me19 dium-sized ports.

20 (b) REPORT.—Not later than 270 days after the date

21 of enactment of this Act, the Comptroller General shall

22 submit to the Committee on Environment and Public

23 Works of the Senate and Committee on Transportation

24 and Infrastructure of the House of Representatives and
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1 the results of the study and any related legislative rec2 ommendations for consideration by Congress.

3 SEC. 320. CANDY LAKE PROJECT, OSAGE COUNTY, OKLA4 HOMA.

5 (a) DEFINITIONS.—In this section:

6 (1) FAIR MARKET VALUE.—The term ‘‘fair

7 market value’’ means the amount for which a willing

8 buyer would purchase and a willing seller would sell

9 a parcel of land, as determined by a qualified, inde10 pendent land appraiser.

11 (2) PREVIOUS OWNER OF LAND.—The term

12 ‘‘previous owner of land’’ means a person (including

13 a corporation) that conveyed, or a descendant of a

14 deceased individual who conveyed, land to the Corps

15 of Engineers for use in the Candy Lake project in

16 Osage County, Oklahoma.

17 (3) SECRETARY.—The term ‘‘Secretary’’ means

18 the Secretary of the Army.

19 (b) LAND CONVEYANCES.—

20 (1) IN GENERAL.—The Secretary shall convey,

21 in accordance with this section, all right, title, and

22 interest of the United States in and to the land ac23 quired by the United States for the Candy Lake

24 project in Osage County, Oklahoma.

25 (2) PREVIOUS OWNERS OF LAND.—
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1 (A) IN GENERAL.—The Secretary shall

2 give a previous owner of land first option to

3 purchase the land described in paragraph (1).

4 (B) APPLICATION.—

5 (i) IN GENERAL.—A previous owner

6 of land that desires to purchase the land

7 described in paragraph (1) that was owned

8 by the previous owner of land, or by the in9 dividual from whom the previous owner of

10 land is descended, shall file an application

11 to purchase the land with the Secretary

12 not later than 180 days after the official

13 date of notice to the previous owner of

14 land under subsection (c).

15 (ii) FIRST TO FILE HAS FIRST OP16 TION.—If more than 1 application is filed

17 for a parcel of land described in paragraph

18 (1), first options to purchase the parcel of

19 land shall be allotted in the order in which

20 applications for the parcel of land were

21 filed.

22 (C) IDENTIFICATION OF PREVIOUS OWN23 ERS OF LAND.—As soon as practicable after the

24 date of enactment of this Act, the Secretary
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1 shall, to the extent practicable, identify each

2 previous owner of land.

3 (D) CONSIDERATION.—Consideration for

4 land conveyed under this subsection shall be the

5 fair market value of the land.

6 (3) DISPOSAL.—Any land described in para7 graph (1) for which an application has not been filed

8 under paragraph (2)(B) within the applicable time

9 period shall be disposed of in accordance with law.

10 (4) EXTINGUISHMENT OF EASEMENTS.—All

11 flowage easements acquired by the United States for

12 use in the Candy Lake project in Osage County,

13 Oklahoma, are extinguished.

14 (c) NOTICE.—

15 (1) IN GENERAL.—The Secretary shall notify—

16 (A) each person identified as a previous

17 owner of land under subsection (b)(2)(C), not

18 later than 90 days after identification, by

19 United States mail; and

20 (B) the general public, not later than 90

21 days after the date of enactment of this Act, by

22 publication in the Federal Register.

23 (2) CONTENTS OF NOTICE.—Notice under this

24 subsection shall include—

25 (A) a copy of this section;
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1 (B) information sufficient to separately

2 identify each parcel of land subject to this sec3 tion; and

4 (C) specification of the fair market value

5 of each parcel of land subject to this section.

6 (3) OFFICIAL DATE OF NOTICE.—The official

7 date of notice under this subsection shall be the

8 later of—

9 (A) the date on which actual notice is

10 mailed; or

11 (B) the date of publication of the notice in

12 the Federal Register.

13 SEC. 321. SALCHA RIVER AND PILEDRIVER SLOUGH, FAIR14 BANKS, ALASKA.

15 The Secretary shall evaluate and, if justified under

16 section 205 of the Flood Control Act of 1948 (33 U.S.C.

17 701s), carry out flood damage reduction measures along

18 the lower Salcha River and on Piledriver Slough, from its

19 headwaters at the mouth of the Salcha River to the Chena

20 Lakes Flood Control Project, in the vicinity of Fairbanks,

21 Alaska, to protect against surface water flooding.

22 SEC. 322. EYAK RIVER, CORDOVA, ALASKA.

23 The Secretary shall evaluate and, if justified under

24 section 205 of the Flood Control Act of 1948 (33 U.S.C.
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1 701s), carry out flood damage reduction measures along

2 the Eyak River at the town of Cordova, Alaska.

3 SEC. 323. NORTH PADRE ISLAND STORM DAMAGE REDUC4 TION AND ENVIRONMENTAL RESTORATION

5 PROJECT.

6 The Secretary shall carry out a project for ecosystem

7 restoration and storm damage reduction at North Padre

8 Island, Corpus Christi Bay, Texas, at a total estimated

9 cost of $30,000,000, with an estimated Federal cost of

10 $19,500,000 and an estimated non-Federal cost of

11 $10,500,000, if the Secretary finds that the work is tech12 nically sound, environmentally acceptable, and economi13 cally justified.

14 SEC. 324. KANOPOLIS LAKE, KANSAS.

15 (a) WATER SUPPLY.—

16 (1) IN GENERAL.—Not later than 1 year after

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

18 cooperation with the State of Kansas or another

19 non-Federal interest, shall complete a water supply

20 reallocation study at the project for flood control,

21 Kanopolis Lake, Kansas, as a basis on which the

22 Secretary shall enter into negotiations with the State

23 of Kansas or another non-Federal interest for the

24 terms and conditions of a reallocation of the water

25 supply.
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1 (2) OPTIONS.—The negotiations for storage re2 allocation shall include the following options for eval3 uation by all parties:

4 (A) Financial terms of storage reallocation.

5 (B) Protection of future Federal water re6 leases from Kanopolis Dam, consistent with

7 State water law, to ensure that the benefits ex8 pected from releases are provided.

9 (C) Potential establishment of a water as10 surance district consistent with other such dis11 tricts established by the State of Kansas.

12 (D) Protection of existing project purposes

13 at Kanopolis Dam to include flood control,

14 recreation, and fish and wildlife.

15 (b) IN-KIND CREDIT.—

16 (1) IN GENERAL.—The Secretary may negotiate

17 a credit for a portion of the financial repayment to

18 the Federal Government for work performed by the

19 State of Kansas, or another non-Federal interest, on

20 land adjacent or in close proximity to the project, if

21 the work provides a benefit to the project.

22 (2) WORK INCLUDED.—The work for which

23 credit may be granted may include watershed protec24 tion and enhancement, including wetland construc25 tion and ecosystem restoration.
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1 SEC. 325. NEW YORK CITY WATERSHED.

2 Section 552(d) of the Water Resources Development

3 Act of 1996 (110 Stat. 3780) is amended by striking ‘‘for

4 the project to be carried out with such assistance’’ and

5 inserting ‘‘, or a public entity designated by the State di6 rector, to carry out the project with such assistance, sub7 ject to the project’s meeting the certification requirement

8 of subsection (c)(1)’’.

9 SEC. 326. CITY OF CHARLEVOIX REIMBURSEMENT, MICHI10 GAN.

11 The Secretary shall review and, if consistent with au12 thorized project purposes, reimburse the city of

13 Charlevoix, Michigan, for the Federal share of costs asso14 ciated with construction of the new revetment connection

15 to the Federal navigation project at Charlevoix Harbor,

16 Michigan.

17 SEC. 327. HAMILTON DAM FLOOD CONTROL PROJECT,

18 MICHIGAN.

19 The Secretary may construct the Hamilton Dam

20 flood control project, Michigan, under authority of section

21 205 of the Flood Control Act of 1948 (33 U.S.C. 701s).

22 SEC. 328. HOLES CREEK FLOOD CONTROL PROJECT, OHIO.

23 (a) IN GENERAL.—Notwithstanding any other provi24 sion of law, the non-Federal share of project costs for the

25 project for flood control, Holes Creek, Ohio, shall not ex26 ceed the sum of—
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1 (1) the total amount projected as the non-Fed2 eral share as of September 30, 1996, in the Project

3 Cooperation Agreement executed on that date; and

4 (2) 100 percent of the amount of any increases

5 in the cost of the locally preferred plan over the cost

6 estimated in the Project Cooperation Agreement.

7 (b) REIMBURSEMENT.—The Secretary shall reim8 burse the non-Federal interest any amount paid by the

9 non-Federal interest in excess of the non-Federal share.

10 SEC. 329. OVERFLOW MANAGEMENT FACILITY, RHODE IS11 LAND.

12 Section 585(a) of the Water Resources Development

13 Act of 1996 (110 Stat. 3791) is amended by striking

14 ‘‘river’’ and inserting ‘‘sewer’’.

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