Calendar No. 72

106TH CONGRESS

1ST SESSION S. 507

[Report No. 106–34]

A BILL

To provide for the conservation and development of

United States, and for other purposes.for improvements to rivers and harbors of theretary of the Army to construct various projectswater and related resources, to authorize the SecMARCH 23, 1999

Reported with an amendment
II

Calendar No. 72

106TH CONGRESS

1ST SESSION S. 507

[Report No. 106–34]

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

MARCH 23, 1999

Reported by Mr. CHAFEE, with an amendment

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

A BILL

To provide for the conservation and development of water

and related resources, to authorize the Secretary of the

Army to construct various projects for improvements to

rivers and harbors of the United States, and for other

purposes.
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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’’.

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

7 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.
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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.

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.
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1 TITLE I—WATER RESOURCES

2 PROJECTS

3 SEC. 101. PROJECT AUTHORIZATIONS.

4 (a) PROJECTS WITH CHIEF’S REPORTS.—The fol5 lowing projects for water resources development and con6 servation and other purposes are authorized to be carried

7 out by the Secretary substantially in accordance with the

8 plans, and subject to the conditions, described in the re9 spective reports designated in this section:

10 (1) SAND POINT HARBOR, ALASKA.—The

11 project for navigation, Sand Point Harbor, Alaska:

12 Report of the Chief of Engineers dated October 13,

13 1998, at a total cost of $11,760,000, with an esti14 mated Federal cost of $6,964,000 and an estimated

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

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

17 project for environmental restoration, Rio Salado

18 (Salt River), Arizona: Report of the Chief of Engi19 neers dated August 20, 1998, at a total cost of

20 $88,048,000, with an estimated Federal cost of

21 $56,355,000 and an estimated non-Federal cost of

22 $31,693,000.

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

24 project for flood damage reduction, environmental

25 restoration, and recreation, Tucson drainage area,
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1 Arizona: Report of the Chief of Engineers dated

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

3 an estimated Federal cost of $16,768,000 and an es4 timated non-Federal cost of $13,132,000.

5 (4) AMERICAN RIVER WATERSHED, CALI6 FORNIA.—

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

8 damage reduction described as the Folsom

9 Stepped Release Plan in the Corps of Engineers

10 Supplemental Information Report for the Amer11 ican River Watershed Project, California, dated

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

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

14 and an estimated non-Federal cost of

15 $176,100,000.

16 (B) IMPLEMENTATION.—

17 (i) IN GENERAL.—Implementation of

18 the measures by the Secretary pursuant to

19 subparagraph (A) shall be undertaken

20 after completion of the levee stabilization

21 and strengthening and flood warning fea22 tures authorized by section 101(a)(1) of

23 the Water Resources Development Act of

24 1996 (110 Stat. 3662).
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1 (ii) FOLSOM DAM AND RESERVOIR.—

2 The Secretary may undertake measures at

3 the Folsom Dam and Reservoir authorized

4 under subparagraph (A) only after review5 ing the design of such measures to deter6 mine if modifications are necessary to ac7 count for changed hydrologic conditions

8 and any other changed conditions in the

9 project area, including operational and

10 construction impacts that have occurred

11 since completion of the report referred to

12 in subparagraph (A). The Secretary shall

13 conduct the review and develop the modi14 fications to the Folsom Dam and Reservoir

15 with the full participation of the Secretary

16 of the Interior.

17 (iii) REMAINING DOWNSTREAM ELE18 MENTS.—

19 (I) IN GENERAL.—Implementa20 tion of the remaining downstream ele21 ments authorized pursuant to sub22 paragraph (A) may be undertaken

23 only after the Secretary, in consulta24 tion with affected Federal, State, re25 gional, and local entities, has reviewed
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1 the elements to determine if modifica2 tions are necessary to address changes

3 in the hydrologic conditions, any other

4 changed conditions in the project area

5 that have occurred since completion of

6 the report referred to in subparagraph

7 (A) and any design modifications for

8 the Folsom Dam and Reservoir made

9 by the Secretary in implementing the

10 measures referred to in clause (ii),

11 and has issued a report on the review.

12 (II) PRINCIPLES AND GUIDE13 LINES.—The review shall be prepared

14 in accordance with the economic and

15 environmental principles and guide16 lines for water and related land re17 sources implementation studies, and

18 no construction may be initiated un19 less the Secretary determines that the

20 remaining downstream elements are

21 technically sound, environmentally ac22 ceptable, and economically justified.

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

24 for completion of the remaining reaches of the Nat25 ural Resources Conservation Service flood control
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1 project at Llagas Creek, California, undertaken pur2 suant to section 5 of the Watershed Protection and

3 Flood Prevention Act (16 U.S.C. 1005), substan4 tially in accordance with the requirements of local

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

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

7 estimated Federal cost of $21,800,000 and an esti8 mated non-Federal share of $23,200,000.

9 (6) SOUTH SACRAMENTO COUNTY STREAMS,

10 CALIFORNIA.—The project for flood control, environ11 mental restoration, and recreation, South Sac12 ramento County streams, California: Report of the

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

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

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

16 of $24,300,000.

17 (7) UPPER GUADALUPE RIVER, CALIFORNIA.—

18 Construction of the locally preferred plan for flood

19 damage reduction and recreation, Upper Guadalupe

20 River, California, described as the Bypass Channel

21 Plan of the Chief of Engineers dated August 19,

22 1998, at a total cost of $137,600,000, with an esti23 mated Federal cost of $44,000,000 and an esti24 mated non-Federal cost of $93,600,000.
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1 (8) YUBA RIVER BASIN, CALIFORNIA.—The

2 project for flood damage reduction, Yuba River

3 Basin, California: Report of the Chief of Engineers

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

5 $26,600,000, with an estimated Federal cost of

6 $17,350,000 and an estimated non-Federal cost of

7 $9,250,000.

8 (9) DELAWARE BAY COASTLINE: DELAWARE

9 AND NEW JERSEY-BROADKILL BEACH, DELAWARE.—

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

12 protection, Delaware Bay coastline: Delaware

13 and New Jersey-Broadkill Beach, Delaware,

14 Report of the Chief of Engineers dated August

15 17, 1998, at a total cost of $9,049,000, with an

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

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

18 (B) PERIODIC NOURISHMENT.—Periodic

19 nourishment is authorized for a 50-year period

20 at an estimated average annual cost of

21 $538,200, with an estimated annual Federal

22 cost of $349,800 and an estimated annual non23 Federal cost of $188,400.

24 (10) DELAWARE BAY COASTLINE: DELAWARE

25 AND NEW JERSEY-PORT MAHON, DELAWARE.—
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1 (A) IN GENERAL.—The project for eco2 system restoration and shore protection, Dela3 ware Bay coastline: Delaware and New Jersey4 Port Mahon, Delaware: Report of the Chief of

5 Engineers dated September 28, 1998, at a total

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

7 cost of $4,969,000 and an estimated non-Fed8 eral cost of $2,675,000.

9 (B) PERIODIC NOURISHMENT.—Periodic

10 nourishment is authorized for a 50-year period

11 at an estimated average annual cost of

12 $234,000, with an estimated annual Federal

13 cost of $152,000 and an estimated annual non14 Federal cost of $82,000.

15 (11) HILLSBORO AND OKEECHOBEE AQUIFER

16 STORAGE AND RECOVERY PROJECT, FLORIDA.—The

17 project for aquifer storage and recovery described in

18 the Corps of Engineers Central and Southern Flor19 ida Water Supply Study, Florida, dated April 1989,

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

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

22 Federal cost of $13,500,000 and an estimated non23 Federal cost of $13,500,000.

24 (12) INDIAN RIVER COUNTY, FLORIDA.—Not25 withstanding section 1001(a) of the Water Re-
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1 sources Development Act of 1986 (33 U.S.C.

2 579a(a)), the project for shoreline protection, Indian

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

4 of that Act (100 Stat. 4134), shall remain author5 ized for construction through December 31, 2002.

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

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

8 protection at Lido Key Beach, Sarasota, Flor9 ida, authorized by section 101 of the River and

10 Harbor Act of 1970 (84 Stat. 1819) and de11 authorized by operation of section 1001(b) of

12 the Water Resources Development Act of 1986

13 (33 U.S.C. 579a(b)), is authorized to be carried

14 out by the Secretary at a total cost of

15 $5,200,000, with an estimated Federal cost of

16 $3,380,000 and an estimated non-Federal cost

17 of $1,820,000.

18 (B) PERIODIC NOURISHMENT.—Periodic

19 nourishment is authorized for a 50-year period

20 at an estimated average annual cost of

21 $602,000, with an estimated annual Federal

22 cost of $391,000 and an estimated annual non23 Federal cost of $211,000.

24 (14) TAMPA HARBOR-BIG BEND CHANNEL,

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

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

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

4 $6,235,000 and an estimated non-Federal cost of

5 $6,121,000.

6 (15) BRUNSWICK HARBOR, GEORGIA.—The

7 project for navigation, Brunswick Harbor, Georgia:

8 Report of the Chief of Engineers dated October 6,

9 1998, at a total cost of $50,717,000, with an esti10 mated Federal cost of $32,966,000 and an esti11 mated non-Federal cost of $17,751,000.

12 (16) BEARGRASS CREEK, KENTUCKY.—The

13 project for flood damage reduction, Beargrass Creek,

14 Kentucky: Report of the Chief of Engineers dated

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

16 an estimated Federal cost of $7,262,000 and an es17 timated non-Federal cost of $3,910,000.

18 (17) AMITE RIVER AND TRIBUTARIES, LOU19 ISIANA, EAST BATON ROUGE PARISH WATERSHED.—

20 The project for flood damage reduction and recre21 ation, Amite River and Tributaries, Louisiana, East

22 Baton Rouge Parish Watershed: Report of the Chief

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

24 cost of $112,900,000, with an estimated Federal
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1 cost of $73,400,000 and an estimated non-Federal

2 cost of $39,500,000.

3 (18) BALTIMORE HARBOR ANCHORAGES AND

4 CHANNELS, MARYLAND AND VIRGINIA.—The project

5 for navigation, Baltimore Harbor Anchorages and

6 Channels, Maryland and Virginia: Report of the

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

8 cost of $28,430,000, with an estimated Federal cost

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

10 of $9,430,000.

11 (19) RED LAKE RIVER AT CROOKSTON, MIN12 NESOTA.—The project for flood damage reduction,

13 Red Lake River at Crookston, Minnesota: Report of

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

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

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

17 cost of $3,230,000.

18 (20) NEW JERSEY SHORE PROTECTION, TOWN19 SENDS INLET TO CAPE MAY INLET, NEW JERSEY.—

20 (A) IN GENERAL.—The project for hurri21 cane and storm damage reduction, ecosystem

22 restoration, and shore protection, New Jersey

23 coastline, Townsends Inlet to Cape May Inlet,

24 New Jersey: Report of the Chief of Engineers

25 dated September 28, 1998, at a total cost of
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1 $56,503,000, with an estimated Federal cost of

2 $36,727,000 and an estimated non-Federal cost

3 of $19,776,000.

4 (B) PERIODIC NOURISHMENT.—Periodic

5 nourishment is authorized for a 50-year period

6 at an estimated average annual cost of

7 $2,000,000, with an estimated annual Federal

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

9 non-Federal cost of $700,000.

10 (21) PARK RIVER, NORTH DAKOTA.—

11 (A) IN GENERAL.—Subject to the condi12 tion stated in subparagraph (B), the project for

13 flood control, Park River, Grafton, North Da14 kota, authorized by section 401(a) of the Water

15 Resources Development Act of 1986 (100 Stat.

16 4121) and deauthorized under section 1001(a)

17 of the Water Resources Development Act of

18 1986 (33 U.S.C. 579a), at a total cost of

19 $28,100,000, with an estimated Federal cost of

20 $18,265,000 and an estimated non-Federal cost

21 of $9,835,000.

22 (B) CONDITION.—No construction may be

23 initiated unless the Secretary determines

24 through a general reevaluation report using

25 current data, that the project is technically
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1 sound, environmentally acceptable, and eco2 nomically justified.

3 (22) SALT CREEK, GRAHAM, TEXAS.—The

4 project for flood control, environmental restoration,

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

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

7 a total cost of $10,080,000, with an estimated Fed8 eral cost of $6,560,000 and an estimated non-Fed9 eral cost of $3,520,000.

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

11 following projects for water resources development and

12 conservation and other purposes are authorized to be car13 ried out by the Secretary substantially in accordance with

14 the plans, and subject to the conditions recommended in

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

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

17 later than December 31, 1999:

18 (1) NOME HARBOR IMPROVEMENTS, ALASKA.—

19 The project for navigation, Nome Harbor Improve20 ments, Alaska, at a total cost of $24,608,000, with

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

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

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

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

25 cost of $12,240,000, with an estimated first Federal
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1 cost of $4,364,000 and an estimated first non-Fed2 eral cost of $7,876,000.

3 (3) HAMILTON AIRFIELD WETLAND RESTORA4 TION, CALIFORNIA.—The project for environmental

5 restoration at Hamilton Airfield, California, at a

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

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

8 cost of $13,800,000.

9 (4) OAKLAND, CALIFORNIA.—

10 (A) IN GENERAL.—The project for naviga11 tion and environmental restoration, Oakland,

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

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

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

15 (B) BERTHING AREAS AND OTHER LOCAL

16 SERVICE FACILITIES.—The non-Federal inter17 ests shall provide berthing areas and other local

18 service facilities necessary for the project at an

19 estimated cost of $42,310,000.

20 (5) DELAWARE BAY COASTLINE: DELAWARE

21 AND NEW JERSEY-ROOSEVELT INLET-LEWES BEACH,

22 DELAWARE.—

23 (A) IN GENERAL.—The project for naviga24 tion mitigation, shore protection, and hurricane

25 and storm damage reduction, Delaware Bay
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1 coastline: Delaware and New Jersey-Roosevelt

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

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

4 $2,620,000 and an estimated non-Federal cost

5 of $773,000.

6 (B) PERIODIC NOURISHMENT.—Periodic

7 nourishment is authorized for a 50-year period

8 at an estimated average annual cost of

9 $196,000, with an estimated annual Federal

10 cost of $152,000 and an estimated annual non11 Federal cost of $44,000.

12 (6) DELAWARE COAST FROM CAPE HENELOPEN

13 TO FENWICK ISLAND, BETHANY BEACH/SOUTH

14 BETHANY BEACH, DELAWARE.—

15 (A) IN GENERAL.—The project for hurri16 cane and storm damage reduction and shore

17 protection, Delaware Coast from Cape

18 Henelopen to Fenwick Island, Bethany Beach/

19 South Bethany Beach, Delaware, at a total cost

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

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

22 cost of $7,772,000.

23 (B) PERIODIC NOURISHMENT.—Periodic

24 nourishment is authorized for a 50-year period

25 at an estimated average annual cost of
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1 $1,584,000, with an estimated annual Federal

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

3 non-Federal cost of $554,000.

4 (7) JACKSONVILLE HARBOR, FLORIDA.—The

5 project for navigation, Jacksonville Harbor, Florida,

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

7 Federal cost of $9,129,000 and an estimated non8 Federal cost of $16,987,000.

9 (8) LITTLE TALBOT ISLAND, DUVAL COUNTY,

10 FLORIDA.—The project for hurricane and storm

11 damage prevention and shore protection, Little Tal12 bot Island, Duval County, Florida, at a total cost of

13 $5,915,000, with an estimated Federal cost of

14 $3,839,000 and an estimated non-Federal cost of

15 $2,076,000.

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

17 FLORIDA.—The project for navigation and recre18 ation, Ponce de Leon Inlet, Volusia County, Florida,

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

20 Federal cost of $2,988,000 and an estimated non21 Federal cost of $2,466,000.

22 (10) SAVANNAH HARBOR EXPANSION, GEOR23 GIA.—

24 (A) IN GENERAL.—Subject to subpara25 graph (B), the Secretary may carry out the
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1 project for navigation, Savannah Harbor expan2 sion, Georgia, substantially in accordance with

3 the plans, and subject to the conditions, rec4 ommended in a final report of the Chief of En5 gineers, with such modifications as the Sec6 retary deems appropriate, at a total cost of

7 $230,174,000 (of which amount a portion is au8 thorized for implementation of the mitigation

9 plan), with an estimated Federal cost of

10 $145,160,000 and an estimated non-Federal

11 cost of $85,014,000.

12 (B) CONDITIONS.—The project authorized

13 by subparagraph (A) may be carried out only

14 after—

15 (i) the Secretary, in consultation with

16 affected Federal, State, regional, and local

17 entities, has reviewed and approved an En18 vironmental Impact Statement that

19 includes—

20 (I) an analysis of the impacts of

21 project depth alternatives ranging

22 from 42 feet through 48 feet; and

23 (II) a selected plan for navigation

24 and associated mitigation plan as re25 quired by section 906(a) of the Water
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1 Resources Development Act of 1986

2 (33 U.S.C. 2283); and

3 (ii) the Secretary of the Interior, the

4 Secretary of Commerce, and the Adminis5 trator of the Environmental Protection

6 Agency, with the Secretary, have approved

7 the selected plan and have determined that

8 the mitigation plan adequately addresses

9 the potential environmental impacts of the

10 project.

11 (C) MITIGATION REQUIREMENTS.—The

12 mitigation plan shall be implemented in advance

13 of or concurrently with construction of the

14 project.

15 (11) TURKEY CREEK BASIN, KANSAS CITY, MIS16 SOURI AND KANSAS CITY, KANSAS.—The project for

17 flood damage reduction, Turkey Creek Basin, Kan18 sas City, Missouri, and Kansas City, Kansas, at a

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

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

21 cost of $17,279,000.

22 (12) LOWER CAPE MAY MEADOWS, CAPE MAY

23 POINT, NEW JERSEY.—

24 (A) IN GENERAL.—The project for naviga25 tion mitigation, ecosystem restoration, shore
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1 protection, and hurricane and storm damage re2 duction, Lower Cape May Meadows, Cape May

3 Point, New Jersey, at a total cost of

4 $15,952,000, with an estimated Federal cost of

5 $12,118,000 and an estimated non-Federal cost

6 of $3,834,000.

7 (B) PERIODIC NOURISHMENT.—Periodic

8 nourishment is authorized for a 50-year period

9 at an estimated average annual cost of

10 $1,114,000, with an estimated annual Federal

11 cost of $897,000 and an estimated annual non12 Federal cost of $217,000.

13 (13) NEW JERSEY SHORE PROTECTION, BRIG14 ANTINE INLET TO GREAT EGG HARBOR, BRIGANTINE

15 ISLAND, NEW JERSEY.—

16 (A) IN GENERAL.—The project for hurri17 cane and storm damage reduction and shore

18 protection, New Jersey Shore protection, Brig19 antine Inlet to Great Egg Harbor, Brigantine

20 Island, New Jersey, at a total cost of

21 $4,970,000, with an estimated Federal cost of

22 $3,230,000 and an estimated non-Federal cost

23 of $1,740,000.

24 (B) PERIODIC NOURISHMENT.—Periodic

25 nourishment is authorized for a 50-year period
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1 at an estimated average annual cost of

2 $465,000, with an estimated annual Federal

3 cost of $302,000 and an estimated annual non4 Federal cost of $163,000.

5 (14) MEMPHIS HARBOR, MEMPHIS, TEN6 NESSEE.—

7 (A) IN GENERAL.—Subject to subpara8 graph (B), the project for navigation, Memphis

9 Harbor, Memphis, Tennessee, authorized by

10 section 601(a) of the Water Resources Develop11 ment Act of 1986 (100 Stat. 4145) and de12 authorized under section 1001(a) of that Act

13 (33 U.S.C. 579a(a)) is authorized to be carried

14 out by the Secretary.

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 (15) HOWARD HANSON DAM, WASHINGTON.—

22 The project for water supply and ecosystem restora23 tion, Howard Hanson Dam, Washington, at a total

24 cost of $75,600,000, with an estimated Federal cost
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1 of $36,900,000 and an estimated non-Federal cost

2 of $38,700,000.

3 SEC. 102. PROJECT MODIFICATIONS.

4 (a) PROJECTS WITH REPORTS.—

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

6 project for flood control, San Lorenzo River, Cali7 fornia, authorized by section 101(a)(5) of the Water

8 Resources Development Act of 1996 (110 Stat.

9 3663), is modified to authorize the Secretary to in10 clude as a part of the project streambank erosion

11 control measures to be undertaken substantially in

12 accordance with the report entitled ‘‘Bank Stabiliza13 tion Concept, Laurel Street Extension’’, dated April

14 23, 1998, at a total cost of $4,000,000, with an esti15 mated Federal cost of $2,600,000 and an estimated

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

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

18 The project for flood control, Wood River, Grand Is19 land, Nebraska, authorized by section 101(a)(19) of

20 the Water Resources Development Act of 1996 (110

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

22 construct the project in accordance with the Corps

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

24 cost of $17,039,000, with an estimated Federal cost
24

•S 507 RS

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

2 $7,309,000.

3 (3) ABSECON ISLAND, NEW JERSEY.—The

4 project for Absecon Island, New Jersey, authorized

5 by section 101(b)(13) of the Water Resources Devel6 opment Act of 1996 (110 Stat. 3668) is amended to

7 authorize the Secretary to reimburse the non-Fed8 eral interests for all work performed, consistent with

9 the authorized project.

10 (4) ARTHUR KILL, NEW YORK AND NEW JER11 SEY.—

12 (A) IN GENERAL.—The project for naviga13 tion, Arthur Kill, New York and New Jersey,

14 authorized by section 202(b) of the Water Re15 sources Development Act of 1986 (100 Stat.

16 4098) and modified by section 301(b)(11) of

17 the Water Resources Development Act of 1996

18 (110 Stat. 3711), is further modified to author19 ize the Secretary to construct the project at a

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

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

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

23 (B) BERTHING AREAS AND OTHER LOCAL

24 SERVICE FACILITIES.—The non-Federal inter25 ests shall provide berthing areas and other local
25

•S 507 RS

1 service facilities necessary for the project at an

2 estimated cost of $38,900,000.

3 (5) WAURIKA LAKE, OKLAHOMA, WATER CON4 VEYANCE FACILITIES.—The requirement for the

5 Waurika Project Master Conservancy District to

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

7 resulting from the October 1991 settlement of the

8 claim of the Travelers Insurance Company before

9 the United States Claims Court related to construc10 tion of the water conveyance facilities authorized by

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

12 841) is waived.

13 (b) PROJECTS SUBJECT TO REPORTS.—The fol14 lowing projects are modified as follows, except that no

15 funds may be obligated to carry out work under such

16 modifications until completion of a final report by the

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

18 that such work is technically sound, environmentally ac19 ceptable, and economically justified, as applicable:

20 (1) THORNTON RESERVOIR, COOK COUNTY, IL21 LINOIS.—

22 (A) IN GENERAL.—The Thornton Res23 ervoir project, an element of the project for

24 flood control, Chicagoland Underflow Plan, Illi25 nois, authorized by section 3(a)(5) of the Water
26

•S 507 RS

1 Resources Development Act of 1988 (102 Stat.

2 4013), is modified to authorize the Secretary to

3 include additional permanent flood control stor4 age attributable to the Thorn Creek Reservoir

5 project, Little Calumet River Watershed, Illi6 nois, approved under the Watershed Protection

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

8 seq.).

9 (B) COST SHARING.—Costs for the Thorn10 ton Reservoir project shall be shared in accord11 ance with section 103 of the Water Resources

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

13 (C) TRANSITIONAL STORAGE.—The Sec14 retary of Agriculture may cooperate with non15 Federal interests to provide, on a transitional

16 basis, flood control storage for the Thorn Creek

17 Reservoir project in the west lobe of the Thorn18 ton quarry.

19 (D) CREDITING.—The Secretary may cred20 it against the non-Federal share of the Thorn21 ton Reservoir project all design and construc22 tion costs incurred by the non-Federal interests

23 before the date of enactment of this Act.

24 (E) REEVALUATION REPORT.—The Sec25 retary shall determine the credits authorized by
27

•S 507 RS

1 subparagraph (D) that are integral to the

2 Thornton Reservoir project and the current

3 total project costs based on a limited reevalua4 tion report.

5 (2) WELLS HARBOR, WELLS, MAINE.—

6 (A) IN GENERAL.—The project for naviga7 tion, Wells Harbor, Maine, authorized by sec8 tion 101 of the River and Harbor Act of 1960

9 (74 Stat. 480), is modified to authorize the

10 Secretary to realign the channel and anchorage

11 areas based on a harbor design capacity of 150

12 craft.

13 (B) DEAUTHORIZATION OF CERTAIN POR14 TIONS.—The following portions of the project

15 are not authorized after the date of enactment

16 of this Act:

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

18 the boundaries of which begin at a point

19 with coordinates N177,992.00,

20 E394,831.00, thence running south 83 de21 grees 58 minutes 14.8 seconds west 10.38

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

23 thence running south 11 degrees 46 min24 utes 47.7 seconds west 991.76 feet to a

25 point N177,020.04, E394,618.21, thence
28

•S 507 RS

1 running south 78 degrees 13 minutes 45.7

2 seconds east 10.00 feet to a point

3 N177,018.00, E394,628.00, thence run4 ning north 11 degrees 46 minutes 22.8

5 seconds east 994.93 feet to the point of or6 igin.

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

9 point with coordinates N177,778.07,

10 E394,336.96, thence running south 51 de11 grees 58 minutes 32.7 seconds west 15.49

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

13 thence running south 11 degrees 46 min14 utes 26.5 seconds west 672.87 feet to a

15 point N177,109.82, E394,187.46, thence

16 running south 78 degrees 13 minutes 45.7

17 seconds east 10.00 feet to a point

18 N177,107.78, E394,197.25, thence run19 ning north 11 degrees 46 minutes 25.4

20 seconds east 684.70 feet to the point of or21 igin.

22 (iii) The portion of the 10-foot set23 tling basin the boundaries of which begin

24 at a point with coordinates N177,107.78,

25 E394,197.25, thence running north 78 de-
29

•S 507 RS

1 grees 13 minutes 45.7 seconds west 10.00

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

3 thence running south 11 degrees 46 min4 utes 15.7 seconds west 300.00 feet to a

5 point N176,816.13, E394,126.26, thence

6 running south 78 degrees 12 minutes 21.4

7 seconds east 9.98 feet to a point

8 N176,814.09, E394,136.03, thence run9 ning north 11 degrees 46 minutes 29.1

10 seconds east 300.00 feet to the point of or11 igin.

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

13 basin the boundaries of which begin at a

14 point with coordinates N177,018.00,

15 E394,628.00, thence running north 78 de16 grees 13 minutes 45.7 seconds west 10.00

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

18 thence running south 11 degrees 46 min19 utes 44.0 seconds west 300.00 feet to a

20 point N176,726.36, E394,556.97, thence

21 running south 78 degrees 12 minutes 30.3

22 seconds east 10.03 feet to a point

23 N176,724.31, E394,566.79, thence run24 ning north 11 degrees 46 minutes 22.4
30

•S 507 RS

1 seconds east 300.00 feet to the point of or2 igin.

3 (C) REDESIGNATIONS.—The following por4 tions of the project shall be redesignated as

5 part of the 6-foot anchorage:

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

7 the boundaries of which begin at a point

8 with coordinates N177,990.91,

9 E394,820.68, thence running south 83 de10 grees 58 minutes 40.8 seconds west 94.65

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

12 thence running south 11 degrees 46 min13 utes 22.4 seconds west 962.83 feet to a

14 point N177,038.40, E394,530.10, thence

15 running south 78 degrees 13 minutes 45.7

16 seconds east 90.00 feet to a point

17 N177,020.04, E394,618.21, thence run18 ning north 11 degrees 46 minutes 47.7

19 seconds east 991.76 feet to the point of or20 igin.

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

22 harbor settling basin the boundaries of

23 which begin at a point with coordinates

24 N177,020.04, E394,618.21, thence run25 ning north 78 degrees 13 minutes 30.5
31

•S 507 RS

1 seconds west 160.00 feet to a point

2 N177,052.69, E394,461.58, thence run3 ning south 11 degrees 46 minutes 45.4

4 seconds west 299.99 feet to a point

5 N176,759.02, E394,400.34, thence run6 ning south 78 degrees 13 minutes 17.9

7 seconds east 160 feet to a point

8 N176,726.36, E394,556.97, thence run9 ning north 11 degrees 46 minutes 44.0

10 seconds east 300.00 feet to the point of or11 igin.

12 (iii) The portion of the 6-foot anchor13 age the boundaries of which begin at a

14 point with coordinates N178,102.26,

15 E394,751.83, thence running south 51 de16 grees 59 minutes 42.1 seconds west 526.51

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

18 thence running south 11 degrees 46 min19 utes 26.6 seconds west 511.83 feet to a

20 point N177,277.01, E394,232.52, thence

21 running south 78 degrees 13 minutes 17.9

22 seconds east 80.00 feet to a point

23 N177,260.68, E394,310.84, thence run24 ning north 11 degrees 46 minutes 24.8

25 seconds east 482.54 feet to a point
32

•S 507 RS

1 N177,733.07, E394,409.30, thence run2 ning north 51 degrees 59 minutes 41.0

3 seconds east 402.63 feet to a point

4 N177,980.98, E394,726.55, thence run5 ning north 11 degrees 46 minutes 27.6

6 seconds east 123.89 feet to the point of or7 igin.

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

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

10 realigned to include the area located south of

11 the inner harbor settling basin in existence on

12 the date of enactment of this Act beginning at

13 a point with coordinates N176,726.36,

14 E394,556.97, thence running north 78 degrees

15 13 minutes 17.9 seconds west 160.00 feet to a

16 point N176,759.02, E394,400.34, thence run17 ning south 11 degrees 47 minutes 03.8 seconds

18 west 45 feet to a point N176,714.97,

19 E394,391.15, thence running south 78 degrees

20 13 minutes 17.9 seconds 160.00 feet to a point

21 N176,682.31, E394,547.78, thence running

22 north 11 degrees 47 minutes 03.8 seconds east

23 45 feet to the point of origin.
33

•S 507 RS

1 (E) RELOCATION.—The Secretary may re2 locate the settling basin feature of the project

3 to the outer harbor between the jetties.

4 (3) NEW YORK HARBOR AND ADJACENT CHAN5 NELS, PORT JERSEY, NEW JERSEY.—The project for

6 navigation, New York Harbor and Adjacent Chan7 nels, Port Jersey, New Jersey, authorized by section

8 202(b) of the Water Resources Development Act of

9 1986 (100 Stat. 4098), is modified to authorize the

10 Secretary to construct the project at a total cost of

11 $103,267,000, with an estimated Federal cost of

12 $76,909,000 and an estimated non-Federal cost of

13 $26,358,000.

14 (c) BEAVER LAKE, ARKANSAS, WATER SUPPLY

15 STORAGE REALLOCATION.—The Secretary shall reallocate

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

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

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

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

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

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

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

24 of the River and Harbor Act of 1958 (72 Stat. 297), is
34

•S 507 RS

1 modified to direct the Secretary to straighten the

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

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

5 and Flamingo Washes, Nevada, authorized by section

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

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

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

10 to be eligible for reimbursement by the Secretary.

11 (f) REDIVERSION PROJECT, COOPER RIVER,

12 CHARLESTON HARBOR, SOUTH CAROLINA.—

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

14 Cooper River, Charleston Harbor, South Carolina,

15 authorized by section 101 of the River and Harbor

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

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

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

22 that the State shall perform all future operation of

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

24 associated studies to assess the efficacy of the fish

25 lift).
35

•S 507 RS

1 (2) CONTENTS.—The agreement shall specify

2 the terms and conditions under which payment will

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

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

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

7 a manner satisfactory to the Secretary.

8 (3) MAINTENANCE.—Maintenance of the fish

9 lift shall remain a Federal responsibility.

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

11 project for flood control and navigation, Trinity River and

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

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

14 add environmental restoration as a project purpose.

15 (h) BEACH EROSION CONTROL AND HURRICANE

16 PROTECTION, VIRGINIA BEACH, VIRGINIA.—

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

18 year that the Corps of Engineers does not receive

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

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

23 hurricane protection, Virginia Beach, Virginia, au24 thorized by section 501(a) of the Water Resources
36

•S 507 RS

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

2 funds as the city may advance for the project.

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

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

7 by Congress for river and harbor, flood control,

8 shore protection, and related projects.

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

10 Notwithstanding any other provision of law, after the date

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

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

15 Government and the city for the project for navigation,

16 southern branch of Elizabeth River, Chesapeake, Virginia.

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

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

22 by the Secretary.

23 (k) MIAMI DADE AGRICULTURAL AND RURAL LAND

24 RETENTION PLAN AND SOUTH BISCAYNE, FLORIDA.—

25 Section 528(b)(3) of the Water Resources Development
37

•S 507 RS

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

2 the end the following:

3 ‘‘(D) CREDIT AND REIMBURSEMENT OF

4 PAST AND FUTURE ACTIVITIES.—The Secretary

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

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

10 meeting the requirements of subparagraph (A)

11 if—

12 ‘‘(i) the Secretary determines that—

13 ‘‘(I) the work performed by the

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

16 restoration project; and

17 ‘‘(II) the work is necessary for a

18 critical restoration project; and

19 ‘‘(ii) the credit or reimbursement is

20 granted pursuant to a project-specific

21 agreement that prescribes the terms and

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

24 (l) LAKE MICHIGAN, ILLINOIS.—
38

•S 507 RS

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

5 of the Water Resources Development Act of 1996

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

8 the non-Federal interest.

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

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

14 south of Fullerton Avenue and 500 feet north of

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

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

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

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

22 share of project costs incurred by the non-Federal

23 interest in reconstructing the revetment structures

24 protecting Solidarity Drive in Chicago, Illinois, be-
39

•S 507 RS

1 fore the signing of the project cooperation agree2 ment, at an estimated total cost of $7,600,000.

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

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

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

9 1999 through 2003’’.

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

11 The project for navigation at Dubuque, Iowa, authorized

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

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

14 a wetland demonstration area of approximately 1.5 acres

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

17 (o) LOUISIANA STATE PENITENTIARY LEVEE.—The

18 Secretary may credit against the non-Federal share work

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

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

22 of 1986 (100 Stat. 4117).

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

24 environmental infrastructure, Jackson County, Mis25 sissippi, authorized by section 219(c)(5) of the Water Re-
40

•S 507 RS

1 sources Development Act of 1992 (106 Stat. 4835) and

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

4 the Secretary to provide a credit, not to exceed

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

6 the project for the costs incurred by the Jackson County

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

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

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

12 CAROLINA.—

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

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

16 interest of the United States in the parcels of land

17 described in subparagraph (B) that are currently

18 being managed by the South Carolina Department

19 of Natural Resources for fish and wildlife mitigation

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

21 South Carolina, project authorized by the Flood

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

24 (2) LAND DESCRIPTION.—
41

•S 507 RS

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

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

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

4 and associated supplemental agreements or are

5 designated in red in Exhibit A of Army License

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

9 than 300 feet measured horizontally from the

10 top of the power pool.

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

13 shall continue in accordance with the terms of

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

15 the Secretary and the State enter into an agree16 ment under subparagraph (F).

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

18 description of the land shall be determined by

19 a survey satisfactory to the Secretary, with the

20 cost of the survey borne by the State.

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

22 be responsible for all costs, including real estate

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

25 (4) PERPETUAL STATUS.—
42

•S 507 RS

1 (A) IN GENERAL.—All land conveyed

2 under this paragraph shall be retained in public

3 ownership and shall be managed in perpetuity

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

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

7 not managed for fish and wildlife mitigation

8 purposes in accordance with the plan, title to

9 the parcel shall revert to the United States.

10 (5) ADDITIONAL TERMS AND CONDITIONS.—

11 The Secretary may require such additional terms

12 and conditions in connection with the conveyance as

13 the Secretary considers appropriate to protect the

14 interests of the United States.

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

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

18 the State of South Carolina not more than

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

20 State entering into a binding agreement for the

21 State to manage for fish and wildlife mitigation

22 purposes in perpetuity the lands conveyed under

23 this paragraph and excluded parcels designated

24 in Exhibit A of Army License No. DACW21–

25 3–85–1904.
43

•S 507 RS

1 (B) FAILURE OF PERFORMANCE.—The

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

4 the rights of, and remedies available to, the

5 Federal Government to recover all or a portion

6 of the payment if the State fails to manage any

7 parcel in a manner satisfactory to the Sec8 retary.

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

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

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

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

14 of the land described in the Department of the Army

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

17 be determined by the Secretary and the Port of

18 Clarkston.

19 (2) ADDITIONAL LAND.—The Secretary may

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

21 market value as determined by the Secretary, such

22 additional land located in the vicinity of Clarkston,

23 Washington, as the Secretary determines to be ex24 cess to the needs of the Columbia River Project and

25 appropriate for conveyance.
44

•S 507 RS

1 (3) TERMS AND CONDITIONS.—The conveyances

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

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

5 United States, including a requirement that the Port

6 of Clarkston pay all administrative costs associated

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

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

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

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

15 public ownership or is used for other than public

16 park or recreation purposes, except that the Sec17 retary shall have a right of reverter to reclaim pos18 session and title to any such land.

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

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

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

22 Act authorizing the construction of certain public works

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

25 688), as modified by section 323 of the Water Resources
45

•S 507 RS

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

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

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

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

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

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

9 that no such alterations may be undertaken unless the

10 Secretary determines that the alterations authorized by

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

15 (t) FOX POINT HURRICANE BARRIER, PROVIDENCE,

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

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

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

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

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

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

24 and an estimated non-Federal cost of $1,050,000.
46

•S 507 RS

1 SEC. 103. PROJECT DEAUTHORIZATIONS.

2 (a) BRIDGEPORT HARBOR, CONNECTICUT.—The por3 tion of the project for navigation, Bridgeport Harbor,

4 Connecticut, authorized by section 101 of the River and

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

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

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

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

9 date of enactment of this Act.

10 (b) BASS HARBOR, MAINE.—

11 (1) DEAUTHORIZATION.—The portions of the

12 project for navigation, Bass Harbor, Maine, author13 ized on May 7, 1962, under section 107 of the River

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

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

16 of enactment of this Act.

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

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

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

20 N149040.00, E538505.00, thence running eas21 terly about 50.00 feet along the northern limit

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

23 E538550.11, thence running southerly about

24 642.08 feet to a point, N148477.64,

25 E538817.18, thence running southwesterly

26 about 156.27 feet to a point on the westerly
47

•S 507 RS

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

2 thence running northerly about 149.00 feet

3 along the westerly limit of the project to a bend

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

5 thence running northwesterly about 610.39 feet

6 along the westerly limit of the project to the

7 point of origin.

8 (B) Beginning at a point on the westerly

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

10 thence running southeasterly about 91.92 feet

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

12 running southerly about 65.00 feet to a point,

13 N147977.86, E538725.51, thence running

14 southwesterly about 91.92 feet to a point on the

15 westerly limit of the project, N147927.84,

16 E538648.39, thence running northerly about

17 195.00 feet along the westerly limit of the

18 project to the point of origin.

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

20 navigation, Boothbay Harbor, Maine, authorized by the

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

22 authorized after the date of enactment of this Act.

23 (d) EAST BOOTHBAY HARBOR, MAINE.—Section 364

24 of the Water Resources Development Act of 1996 (110
48

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1 Stat. 3731) is amended by striking paragraph (9) and in2 serting the following:

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

4 project for navigation, East Boothbay Harbor,

5 Maine, authorized by the first section of the Act en6 titled ‘An Act making appropriations for the con7 struction, repair, and preservation of certain public

8 works on rivers and harbors, and for other pur9 poses’, approved June 25, 1910 (36 Stat. 657).’’.

10 SEC. 104. STUDIES.

11 (a) CADDO LEVEE, RED RIVER BELOW DENISON

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

13 The Secretary shall conduct a study to determine the fea14 sibility of undertaking a project for flood control, Caddo

15 Levee, Red River Below Denison Dam, Arizona, Lou16 isiana, Oklahoma, and Texas, including incorporating the

17 existing levee, along Twelve Mile Bayou from its juncture

18 with the existing Red River Below Denison Dam Levee

19 approximately 26 miles upstream to its terminus at high

20 ground in the vicinity of Black Bayou, Louisiana.

21 (b) FIELDS LANDING CHANNEL, HUMBOLDT HAR22 BOR, CALIFORNIA.—The Secretary—

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

24 navigation, Fields Landing Channel, Humboldt Har25 bor and Bay, California, to a depth of minus 35 feet
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•S 507 RS

1 (MLLW), and for that purpose may use any feasi2 bility report prepared by the non-Federal sponsor

3 under section 203 of the Water Resources Develop4 ment Act of 1986 (33 U.S.C. 2231) for which reim5 bursement of the Federal share of the study is au6 thorized subject to the availability of appropriations;

7 and

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

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

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

11 feasible.

12 (c) STRAWBERRY CREEK, BERKELEY, CALI13 FORNIA.—The Secretary shall conduct a study to deter14 mine the feasibility of restoring Strawberry Creek, Berke15 ley, California, and the Federal interest in environmental

16 restoration, conservation of fish and wildlife resources,

17 recreation, and water quality.

18 (d) WEST SIDE STORM WATER RETENTION FACIL19 ITY, CITY OF LANCASTER, CALIFORNIA.—The Secretary

20 shall conduct a study to determine the feasibility of under21 taking measures to construct the West Side Storm Water

22 Retention Facility in the city of Lancaster, California.

23 (e) APALACHICOLA RIVER, FLORIDA.—The Secretary

24 shall conduct a study for the purpose of identifying—
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•S 507 RS

1 (1) alternatives for the management of material

2 dredged in connection with operation and mainte3 nance of the Apalachicola River Navigation Project;

4 and

5 (2) alternatives that reduce the requirements

6 for such dredging.

7 (f) BROWARD COUNTY, SAND BYPASSING AT PORT

8 EVERGLADES, FLORIDA.—The Secretary shall conduct a

9 study to determine the feasibility of constructing a sand

10 bypassing project at the Port Everglades Inlet, Florida.

11 (g) CITY OF DESTIN-NORIEGA POINT BREAKWATER,

12 FLORIDA.—The Secretary shall conduct a study to deter13 mine the feasibility of—

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

15 a breakwater for Destin Harbor; and

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

17 Pass, Florida, navigation project.

18 (h) GATEWAY TRIANGLE REDEVELOPMENT AREA,

19 FLORIDA.—

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

21 a study to determine the feasibility of undertaking

22 measures to reduce the flooding problems in the vi23 cinity of Gateway Triangle Redevelopment Area,

24 Florida.
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1 (2) STUDIES AND REPORTS.—The study shall

2 include a review and consideration of studies and re3 ports completed by the non-Federal interests.

4 (i) CITY OF PLANT CITY, FLORIDA.—

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

6 a study to determine the feasibility of a flood control

7 project in the city of Plant City, Florida.

8 (2) STUDIES AND REPORTS.—In conducting the

9 study, the Secretary shall review and consider stud10 ies and reports completed by the non-Federal inter11 ests.

12 (j) GOOSE CREEK WATERSHED, OAKLEY, IDAHO.—

13 The Secretary shall conduct a study to determine the fea14 sibility of undertaking flood damage reduction, water con15 servation, ground water recharge, ecosystem restoration,

16 and related purposes along the Goose Creek watershed

17 near Oakley, Idaho.

18 (k) ACADIANA NAVIGATION CHANNEL, LOUISIANA.—

19 The Secretary shall conduct a study to determine the fea20 sibility of assuming operations and maintenance for the

21 Acadiana Navigation Channel located in Iberia and

22 Vermillion Parishes, Louisiana.

23 (l) CAMERON PARISH WEST OF CALCASIEU RIVER,

24 LOUISIANA.—The Secretary shall conduct a study to de25 termine the feasibility of a storm damage reduction and
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•S 507 RS

1 ecosystem restoration project for Cameron Parish west of

2 Calcasieu River, Louisiana.

3 (m) BENEFICIAL USE OF DREDGED MATERIAL,

4 COASTAL LOUISIANA.—The Secretary shall conduct a

5 study to determine the feasibility of using dredged mate6 rial from maintenance activities at Federal navigation

7 projects in coastal Louisiana to benefit coastal areas in

8 the State.

9 (n) CONTRABAND BAYOU NAVIGATION CHANNEL,

10 LOUISIANA.—The Secretary shall conduct a study to de11 termine the feasibility of assuming the maintenance at

12 Contraband Bayou, Calcasieu River Ship Canal, Lou13 isiana.

14 (o) GOLDEN MEADOW LOCK, LOUISIANA.—The Sec15 retary shall conduct a study to determine the feasibility

16 of converting the Golden Meadow floodgate into a naviga17 tion lock to be included in the Larose to Golden Meadow

18 Hurricane Protection Project, Louisiana.

19 (p) GULF INTRACOASTAL WATERWAY ECOSYSTEM

20 PROTECTION, CHEF MENTEUR TO SABINE RIVER, LOU21 ISIANA.—

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

23 a study to determine the feasibility of undertaking

24 ecosystem restoration and protection measures along
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1 the Gulf Intracoastal Waterway from Chef Menteur

2 to Sabine River, Louisiana.

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

4 shall address saltwater intrusion, tidal scour, ero5 sion, and other water resources related problems in

6 that area.

7 (q) LAKE PONTCHARTRAIN, LOUISIANA, AND VICIN8 ITY, ST. CHARLES PARISH PUMPS.—The Secretary shall

9 conduct a study to determine the feasibility of modifying

10 the Lake Pontchartrain Hurricane Protection Project to

11 include the St. Charles Parish Pumps and the modifica12 tion of the seawall fronting protection along Lake Pont13 chartrain in Orleans Parish, from New Basin Canal on

14 the west to the Inner Harbor Navigation Canal on the

15 east.

16 (r) LAKE PONTCHARTRAIN AND VICINITY SEAWALL

17 RESTORATION, LOUISIANA.—The Secretary shall conduct

18 a study to determine the feasibility of undertaking struc19 tural modifications of that portion of the seawall fronting

20 protection along the south shore of Lake Pontchartrain

21 in Orleans Parish, Louisiana, extending approximately 5

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

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

24 Pontchartrain and Vicinity Hurricane Protection Project,
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•S 507 RS

1 authorized by section 204 of the Flood Control Act of

2 1965 (79 Stat. 1077).

3 (s) DETROIT RIVER, MICHIGAN, GREENWAY COR4 RIDOR STUDY.—

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

6 a study to determine the feasibility of a project for

7 shoreline protection, frontal erosion, and associated

8 purposes in the Detroit River shoreline area from

9 the Belle Isle Bridge to the Ambassador Bridge in

10 Detroit, Michigan.

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

12 the study, the Secretary shall review potential

13 project modifications to any existing Corps projects

14 within the same area.

15 (t) ST. CLAIR SHORES FLOOD CONTROL, MICHI16 GAN.—The Secretary shall conduct a study to determine

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

18 Clair Shores, Michigan.

19 (u) WOODTICK PENINSULA, MICHIGAN, AND TOLEDO

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

21 determine the feasibility of utilizing dredged material from

22 Toledo Harbor, Ohio, to provide erosion reduction, naviga23 tion, and ecosystem restoration at Woodtick Peninsula,

24 Michigan.

25 (v) TUNICA LAKE WEIR, MISSISSIPPI.—
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•S 507 RS

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

2 a study to determine the feasibility of constructing

3 an outlet weir at Tunica Lake, Tunica County, Mis4 sissippi, and Lee County, Arkansas, for the purpose

5 of stabilizing water levels in the Lake.

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

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

8 economic analysis the benefits derived from recre9 ation uses at the Lake and economic benefits associ10 ated with restoration of fish and wildlife habitat.

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

12 MISSOURI, RIVERFRONT AREA.—

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

14 study to determine the optimal plan to protect facili15 ties that are located on the Mississippi River river16 front within the boundaries of St. Louis, Missouri.

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

18 the Secretary shall—

19 (A) evaluate alternatives to offer safety

20 and security to facilities; and

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

22 evaluate the current situation, probable solu23 tions, and estimated costs.
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•S 507 RS

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

2 the Secretary shall submit to Congress a report on

3 the results of the study.

4 (x) YELLOWSTONE RIVER, MONTANA.—

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

6 comprehensive study of the Yellowstone River from

7 Gardiner, Montana to the confluence of the Missouri

8 River to determine the hydrologic, biological, and so9 cioeconomic cumulative impacts on the river.

10 (2) CONSULTATION AND COORDINATION.—The

11 Secretary shall conduct the study in consultation

12 with the United States Fish and Wildlife Service,

13 the United States Geological Survey, and the Nat14 ural Resources Conservation Service and with the

15 full participation of the State of Montana and tribal

16 and local entities, and provide for public participa17 tion.

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

19 date of enactment of this Act, the Secretary shall

20 submit a report to Congress on the results of the

21 study.

22 (y) LAS VEGAS VALLEY, NEVADA.—

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

24 a comprehensive study of water resources located in

25 the Las Vegas Valley, Nevada.
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1 (2) OBJECTIVES.—The study shall identify

2 problems and opportunities related to ecosystem res3 toration, water quality, particularly the quality of

4 surface runoff, water supply, and flood control.

5 (z) OSWEGO RIVER BASIN, NEW YORK.—The Sec6 retary shall conduct a study to determine the feasibility

7 of establishing a flood forecasting system within the

8 Oswego River basin, New York.

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

10 STUDY AND ENVIRONMENTAL RESTORATION STUDY.—

11 (1) NAVIGATION STUDY.—The Secretary shall

12 conduct a comprehensive study of navigation needs

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

14 South Brooklyn Marine and Red Hook Container

15 Terminals, Staten Island, and adjacent areas) to ad16 dress improvements, including deepening of existing

17 channels to depths of 50 feet or greater, that are re18 quired to provide economically efficient and environ19 mentally sound navigation to meet current and fu20 ture requirements.

21 (2) ENVIRONMENTAL RESTORATION STUDY.—

22 The Secretary, acting through the Chief of Engi23 neers, shall review the report of the Chief of Engi24 neers on the New York Harbor, printed in the

25 House Management Plan of the Harbor Estuary
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•S 507 RS

1 Program, and other pertinent reports concerning the

2 New York Harbor Region and the Port of New

3 York-New Jersey, to determine the Federal interest

4 in advancing harbor environmental restoration.

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

6 from the ongoing navigation study for New York

7 and New Jersey Harbor to complete a reconnais8 sance report for environmental restoration by De9 cember 31, 1999. The navigation study to deepen

10 New York and New Jersey Harbor shall consider

11 beneficial use of dredged material.

12 (bb) BANK STABILIZATION, MISSOURI RIVER,

13 NORTH DAKOTA.—

14 (1) STUDY.—

15 (A) IN GENERAL.—The Secretary shall

16 conduct a study to determine the feasibility of

17 bank stabilization on the Missouri River be18 tween the Garrison Dam and Lake Oahe in

19 North Dakota.

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

21 the Secretary shall study—

22 (i) options for stabilizing the erosion

23 sites on the banks of the Missouri River

24 between the Garrison Dam and Lake Oahe

25 identified in the report developed by the
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•S 507 RS

1 North Dakota State Water Commission,

2 dated December 1997, including stabiliza3 tion through nontraditional measures;

4 (ii) the cumulative impact of bank

5 stabilization measures between the Garri6 son Dam and Lake Oahe on fish and wild7 life habitat and the potential impact of ad8 ditional stabilization measures, including

9 the impact of nontraditional stabilization

10 measures;

11 (iii) the current and future effects, in12 cluding economic and fish and wildlife

13 habitat effects, that bank erosion is having

14 on creating the delta at the beginning of

15 Lake Oahe; and

16 (iv) the impact of taking no additional

17 measures to stabilize the banks of the Mis18 souri River between the Garrison Dam and

19 Lake Oahe.

20 (C) INTERESTED PARTIES.—In conducting

21 the study, the Secretary shall, to the maximum

22 extent practicable, seek the participation and

23 views of interested Federal, State, and local

24 agencies, landowners, conservation organiza25 tions, and other persons.
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1 (D) REPORT.—

2 (i) IN GENERAL.—The Secretary shall

3 report to Congress on the results of the

4 study not later than 1 year after the date

5 of enactment of this Act.

6 (ii) STATUS.—If the Secretary cannot

7 complete the study and report to Congress

8 by the day that is 1 year after the date of

9 enactment of this Act, the Secretary shall,

10 by that day, report to Congress on the sta11 tus of the study and report, including an

12 estimate of the date of completion.

13 (2) EFFECT ON EXISTING PROJECTS.—This

14 subsection does not preclude the Secretary from es15 tablishing or carrying out a stabilization project that

16 is authorized by law.

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

18 Secretary shall conduct a study to determine the feasibility

19 of undertaking repairs and related navigation improve20 ments at Dike 14, Cleveland, Ohio.

21 (dd) EAST LAKE, VERMILLION AND CHAGRIN,

22 OHIO.—

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

24 a study to determine the feasibility of undertaking
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1 flood damage reduction at East Lake, Vermillion

2 and Chagrin, Ohio.

3 (2) ICE RETENTION STRUCTURE.—In con4 ducting the study, the Secretary may consider con5 struction of an ice retention structure as a potential

6 means of providing flood damage reduction.

7 (ee) TOUSSAINT RIVER, CARROLL TOWNSHIP,

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

9 the feasibility of undertaking navigation improvements at

10 Toussaint River, Carroll Township, Ohio.

11 (ff) SANTEE DELTA WETLAND HABITAT, SOUTH

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

13 enactment of this Act, the Secretary shall complete a com14 prehensive study of the ecosystem in the Santee Delta

15 focus area of South Carolina to determine the feasibility

16 of undertaking measures to enhance the wetland habitat

17 in the area.

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

19 Secretary shall conduct a study to determine the feasibility

20 of a flood control project for the Waccamaw River in

21 Horry County, South Carolina.

22 (hh) UPPER SUSQUEHANNA-LACKAWANNA, PENN23 SYLVANIA, WATERSHED MANAGEMENT AND RESTORA24 TION STUDY.—
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1 (1) IN GENERAL.—The Secretary shall conduct

2 a study to determine the feasibility of a comprehen3 sive flood plain management and watershed restora4 tion project for the Upper Susquehanna-Lacka5 wanna Watershed, Pennsylvania.

6 (2) GEOGRAPHIC INFORMATION SYSTEM.—In

7 conducting the study, the Secretary shall use a geo8 graphic information system.

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

10 for comprehensive flood plain management and envi11 ronmental restoration.

12 (4) CREDITING.—Non-Federal interests may re13 ceive credit for in-kind services and materials that

14 contribute to the study. The Secretary may credit

15 non-Corps Federal assistance provided to the non16 Federal interest toward the non-Federal share of

17 study costs to the maximum extent authorized by

18 law.

19 (ii) NIOBRARA RIVER AND MISSOURI RIVER SEDI20 MENTATION STUDY, SOUTH DAKOTA.—The Secretary

21 shall conduct a study of the Niobrara River watershed and

22 the operations of Fort Randall Dam and Gavins Point

23 Dam on the Missouri River to determine the feasibility

24 of alleviating the bank erosion, sedimentation, and related
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1 problems in the lower Niobrara River and the Missouri

2 River below Fort Randall Dam.

3 (jj) SANTA CLARA RIVER, UTAH.—

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

5 a study to determine the feasibility of undertaking

6 measures to alleviate damage caused by flooding,

7 bank erosion, and sedimentation along the watershed

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

9 Reservoir.

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

11 analysis of watershed conditions and water quality,

12 as related to flooding and bank erosion, along the

13 Santa Clara River in the vicinity of the town of

14 Gunlock, Utah.

15 (kk) AGAT SMALL BOAT HARBOR, GUAM.—The Sec16 retary shall conduct a study to determine the feasibility

17 of undertaking the repair and reconstruction of Agat

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

19 shore protection measures and construction or a revetment

20 of the breakwater seawall.

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

22 shall conduct a study to determine the feasibility of under23 taking measures to repair, upgrade, and extend the sea24 wall protecting Apra Harbor, Guam, and to ensure contin25 ued access to the harbor via Route 11B.
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•S 507 RS

1 (mm) APRA HARBOR FUEL PIERS, GUAM.—The Sec2 retary shall conduct a study to determine the feasibility

3 of undertaking measures to upgrade the piers and fuel

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

5 Guam, and measures to provide for erosion control and

6 protection against storm damage.

7 (nn) MAINTENANCE DREDGING OF HARBOR PIERS,

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

9 the feasibility of Federal maintenance of areas adjacent

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

11 Harbor, and Agana Marina.

12 (oo) ALTERNATIVE WATER SOURCES STUDY.—

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

14 Environmental Protection Agency shall conduct a

15 study of the water supply needs of States that are

16 not currently eligible for assistance under title XVI

17 of the Reclamation Projects Authorization and Ad18 justment Act of 1992 (43 U.S.C. 390h et seq.).

19 (2) REQUIREMENTS.—The study shall—

20 (A) identify the water supply needs (in21 cluding potable, commercial, industrial, rec22 reational and agricultural needs) of each State

23 described in paragraph (1) through 2020, mak24 ing use of such State, regional, and local plans,

25 studies, and reports as are available;
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•S 507 RS

1 (B) evaluate the feasibility of various alter2 native water source technologies such as reuse

3 and reclamation of wastewater and stormwater

4 (including indirect potable reuse), aquifer stor5 age and recovery, and desalination to meet the

6 anticipated water supply needs of the States;

7 and

8 (C) assess how alternative water sources

9 technologies can be utilized to meet the identi10 fied needs.

11 (3) REPORT.—The Administrator shall report

12 to Congress on the results of the study not more

13 than 180 days after the date of enactment of this

14 Act.

15 TITLE II—GENERAL PROVISIONS

16 SEC. 201. FLOOD HAZARD MITIGATION AND RIVERINE ECO17 SYSTEM RESTORATION PROGRAM.

18 (a) IN GENERAL.—

19 (1) AUTHORIZATION.—The Secretary may carry

20 out a program to reduce flood hazards and restore

21 the natural functions and values of riverine eco22 systems throughout the United States.

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

24 the Secretary shall conduct studies to identify appro25 priate flood damage reduction, conservation, and
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1 restoration measures and may design and implement

2 watershed management and restoration projects.

3 (3) PARTICIPATION.—The studies and projects

4 carried out under the program shall be conducted, to

5 the extent practicable, with the full participation of

6 the appropriate Federal agencies, including the De7 partment of Agriculture, the Federal Emergency

8 Management Agency, the Department of the Inte9 rior, the Environmental Protection Agency, and the

10 Department of Commerce.

11 (4) NONSTRUCTURAL APPROACHES.—The stud12 ies and projects shall, to the extent practicable, em13 phasize nonstructural approaches to preventing or

14 reducing flood damages.

15 (b) COST-SHARING REQUIREMENTS.—

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

17 under subsection (a) shall be shared in accordance

18 with section 105 of the Water Resources Develop19 ment Act of 1986 (33 Stat. 2215).

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

21 shall pay 35 percent of the cost of any project car22 ried out under this section.

23 (3) IN-KIND CONTRIBUTIONS.—The non-Fed24 eral interests shall provide all land, easements,

25 rights-of-way, dredged material disposal areas, and
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1 relocations necessary for the projects. The value of

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

3 disposal areas, and relocations shall be credited to4 ward the payment required under this subsection.

5 (4) RESPONSIBILITIES OF THE NON-FEDERAL

6 INTERESTS.—The non-Federal interests shall be re7 sponsible for all costs associated with operating,

8 maintaining, replacing, repairing, and rehabilitating

9 all projects carried out under this section.

10 (c) PROJECT JUSTIFICATION.—

11 (1) IN GENERAL.—The Secretary may imple12 ment a project under this section if the Secretary

13 determines that the project—

14 (A) will significantly reduce potential flood

15 damages;

16 (B) will improve the quality of the environ17 ment; and

18 (C) is justified considering all costs and

19 beneficial outputs of the project.

20 (2) SELECTION CRITERIA; POLICIES AND PRO21 CEDURES.—Not later than 180 days after the date

22 of enactment of this Act, the Secretary shall—

23 (A) develop criteria for selecting and rating

24 the projects to be carried out as part of the

25 program authorized by this section; and
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1 (B) establish policies and procedures for

2 carrying out the studies and projects under3 taken under this section.

4 (d) REPORTING REQUIREMENT.—The Secretary may

5 not implement a project under this section until—

6 (1) the Secretary provides to the Committee on

7 Environment and Public Works of the Senate and

8 the Committee on Transportation and Infrastructure

9 of the House of Representatives a written notifica10 tion describing the project and the determinations

11 made under subsection (c); and

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

13 following the date on which the notification was re14 ceived by the Committees.

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

16 the Secretary shall examine the potential for flood damage

17 reductions at appropriate locations, including—

18 (1) Le May, Missouri;

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

20 (3) Tillamook County, Oregon;

21 (4) Providence County, Rhode Island; and

22 (5) Willamette River basin, Oregon.

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

24 $25,000,000 in Army Civil Works appropriations may be
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1 expended on any single project undertaken under this sec2 tion.

3 (g) AUTHORIZATION OF APPROPRIATIONS.—

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

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

6 for the period of fiscal years 2000 and 2001.

7 (2) PROGRAM FUNDING LEVELS.—All studies

8 and projects undertaken under this authority from

9 Army Civil Works appropriations shall be fully fund10 ed within the program funding levels provided in this

11 subsection.

12 SEC. 202. SHORE PROTECTION.

13 Section 103(d) of the Water Resources Development

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

15 (1) by striking ‘‘Costs of constructing’’ and in16 serting the following:

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

18 and

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

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

21 a project authorized for construction after December

22 31, 1999, or for which a feasibility study is com23 pleted after that date, the non-Federal cost of the

24 periodic nourishment of projects or measures for
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1 shore protection or beach erosion control shall be 50

2 percent, except that—

3 ‘‘(A) all costs assigned to benefits to pri4 vately owned shores (where use of such shores

5 is limited to private interests) or to prevention

6 of losses of private land shall be borne by non7 Federal interests; and

8 ‘‘(B) all costs assigned to the protection of

9 federally owned shores shall be borne by the

10 United States.’’.

11 SEC. 203. SMALL FLOOD CONTROL AUTHORITY.

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

13 U.S.C. 701s) is amended—

14 (1) in the first sentence, by striking ‘‘construc15 tion of small projects’’ and inserting ‘‘implementa16 tion of small structural and nonstructural projects’’;

17 and

18 (2) in the third sentence, by striking

19 ‘‘$5,000,000’’ and inserting ‘‘$7,000,000’’.

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

21 AND DISSEMINATING INFORMATION ON

22 FLOODS AND FLOOD DAMAGES.

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

24 U.S.C. 709a(b)) is amended in the third sentence by in25 serting before the period at the end the following: ‘‘, but
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1 the Secretary of the Army may accept funds voluntarily

2 contributed by such entities for the purpose of expanding

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

4 SEC. 205. EVERGLADES AND SOUTH FLORIDA ECOSYSTEM

5 RESTORATION.

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

7 of the Water Resources Development Act of 1996 (110

8 Stat. 3769) are amended by striking ‘‘1999’’ and inserting

9 ‘‘2000’’.

10 SEC. 206. AQUATIC ECOSYSTEM RESTORATION.

11 Section 206(c) of the Water Resources Development

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

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

14 the following:

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

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

17 ‘‘(2) NONPROFIT ENTITIES.—Notwithstanding

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

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

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

21 nonprofit entity, with the consent of the affected

22 local government.’’.
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1 SEC. 207. BENEFICIAL USES OF DREDGED MATERIAL.

2 Section 204 of the Water Resources Development Act

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

4 end the following:

5 ‘‘(g) NONPROFIT ENTITIES.—Notwithstanding sec6 tion 221 of the Flood Control Act of 1970 (42 U.S.C.

7 1962d–5b), for any project carried out under this section,

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

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

10 SEC. 208. VOLUNTARY CONTRIBUTIONS BY STATES AND PO11 LITICAL SUBDIVISIONS.

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

13 701h), is amended by inserting ‘‘or environmental restora14 tion’’ after ‘‘flood control’’.

15 SEC. 209. RECREATION USER FEES.

16 (a) WITHHOLDING OF AMOUNTS.—

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

18 through 2002, the Secretary may withhold from the

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

20 of the Land and Water Conservation Fund Act of

21 1965 (16 U.S.C. 460l–6a(i)(1)(A)) 100 percent of

22 the amount of receipts above a baseline of

23 $34,000,000 per each fiscal year received from fees

24 imposed at recreation sites under the administrative

25 jurisdiction of the Department of the Army under

26 section 4(b) of that Act (16 U.S.C. 460l–6a(b)).
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1 (2) USE.—The amounts withheld shall be re2 tained by the Secretary and shall be available, with3 out further Act of appropriation, for expenditure by

4 the Secretary in accordance with subsection (b).

5 (3) AVAILABILITY.—The amounts withheld

6 shall remain available until September 30, 2005.

7 (b) USE OF AMOUNTS WITHHELD.—In order to in8 crease the quality of the visitor experience at public rec9 reational areas and to enhance the protection of resources,

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

11 only for—

12 (1) repair and maintenance projects (including

13 projects relating to health and safety);

14 (2) interpretation;

15 (3) signage;

16 (4) habitat or facility enhancement;

17 (5) resource preservation;

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

19 (7) maintenance; and

20 (8) law enforcement related to public use.

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

22 Secretary shall be available for expenditure, without fur23 ther Act of appropriation, at the specific project from

24 which the amount, above baseline, is collected.
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1 SEC. 210. WATER RESOURCES DEVELOPMENT STUDIES FOR

2 THE PACIFIC REGION.

3 Section 444 of the Water Resources Development Act

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

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

6 development (including navigation, flood damage reduc7 tion, and environmental restoration)’’.

8 SEC. 211. MISSOURI AND MIDDLE MISSISSIPPI RIVERS EN9 HANCEMENT PROJECT.

10 (a) DEFINITIONS.—In this section:

11 (1) MIDDLE MISSISSIPPI RIVER.—The term

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

13 Mississippi River from the mouth of the Ohio River

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

15 of the Missouri River (river mile 195).

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

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

18 Missouri River (including reservoirs) from its con19 fluence with the Mississippi River at St. Louis, Mis20 souri, to its headwaters near Three Forks, Montana.

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

22 project authorized by this section.

23 (b) PROTECTION AND ENHANCEMENT ACTIVITIES.—

24 (1) PLAN.—

25 (A) DEVELOPMENT.—Not later than 180

26 days after the date of enactment of this Act,
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1 the Secretary shall develop a plan for a project

2 to protect and enhance fish and wildlife habitat

3 of the Missouri River and the middle Mis4 sissippi River.

5 (B) ACTIVITIES.—

6 (i) IN GENERAL.—The plan shall pro7 vide for such activities as are necessary to

8 protect and enhance fish and wildlife habi9 tat without adversely affecting—

10 (I) the water-related needs of the

11 region surrounding the Missouri River

12 and the middle Mississippi River, in13 cluding flood control, navigation,

14 recreation, and enhancement of water

15 supply; and

16 (II) private property rights.

17 (ii) REQUIRED ACTIVITIES.—The plan

18 shall include—

19 (I) modification and improvement

20 of navigation training structures to

21 protect and enhance fish and wildlife

22 habitat;

23 (II) modification and creation of

24 side channels to protect and enhance

25 fish and wildlife habitat;
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1 (III) restoration and creation of

2 island fish and wildlife habitat;

3 (IV) creation of riverine fish and

4 wildlife habitat;

5 (V) establishment of criteria for

6 prioritizing the type and sequencing of

7 activities based on cost-effectiveness

8 and likelihood of success; and

9 (VI) physical and biological moni10 toring for evaluating the success of

11 the project, to be performed by the

12 River Studies Center of the United

13 States Geological Survey in Columbia,

14 Missouri.

15 (2) IMPLEMENTATION OF ACTIVITIES.—

16 (A) IN GENERAL.—Using funds made

17 available to carry out this section, the Secretary

18 shall carry out the activities described in the

19 plan.

20 (B) USE OF EXISTING AUTHORITY FOR

21 UNCONSTRUCTED FEATURES OF THE

22 PROJECT.—Using funds made available to the

23 Secretary under other law, the Secretary shall

24 design and construct any feature of the project

25 that may be carried out using the authority of
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1 the Secretary to modify an authorized project,

2 if the Secretary determines that the design and

3 construction will—

4 (i) accelerate the completion of activi5 ties to protect and enhance fish and wild6 life habitat of the Missouri River or the

7 middle Mississippi River; and

8 (ii) be compatible with the project

9 purposes described in this section.

10 (c) INTEGRATION OF OTHER ACTIVITIES.—

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

12 described in subsection (b), the Secretary shall inte13 grate the activities with other Federal, State, and

14 tribal activities.

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

16 confers any new regulatory authority on any Federal

17 or non-Federal entity that carries out any activity

18 authorized by this section.

19 (d) PUBLIC PARTICIPATION.—In developing and car20 rying out the plan and the activities described in sub21 section (b), the Secretary shall provide for public review

22 and comment in accordance with applicable Federal law,

23 including—

24 (1) providing advance notice of meetings;
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1 (2) providing adequate opportunity for public

2 input and comment;

3 (3) maintaining appropriate records; and

4 (4) compiling a record of the proceedings of

5 meetings.

6 (e) COMPLIANCE WITH APPLICABLE LAW.—In car7 rying out the activities described in subsections (b) and

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

9 law, including the National Environmental Policy Act of

10 1969 (42 U.S.C. 4321 et seq.).

11 (f) COST SHARING.—

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

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

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

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

16 shall not exceed $5,000,000.

17 (3) OPERATION AND MAINTENANCE.—The op18 eration and maintenance of the project shall be a

19 non-Federal responsibility.

20 (g) AUTHORIZATION OF APPROPRIATIONS.—There is

21 authorized to be appropriated to pay the Federal share

22 of the cost of carrying out activities under this section

23 $30,000,000 for the period of fiscal years 2000 and 2001.
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1 SEC. 212. OUTER CONTINENTAL SHELF.

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

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

4 1337(k)(2)(B)) is amended in the second sentence by in5 serting before the period at the end the following: ‘‘or any

6 other non-Federal interest subject to an agreement en7 tered into under section 221 of the Flood Control Act of

8 1970 (42 U.S.C. 1962d–5b)’’.

9 (b) REIMBURSEMENT FOR LOCAL INTERESTS.—Any

10 amounts paid by non-Federal interests for beach erosion

11 control, hurricane protection, shore protection, or storm

12 damage reduction projects as a result of an assessment

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

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

15 SEC. 213. ENVIRONMENTAL DREDGING.

16 Section 312(f) of the Water Resources Development

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

18 at the end the following:

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

20 SEC. 214. BENEFIT OF PRIMARY FLOOD DAMAGES AVOIDED

21 INCLUDED IN BENEFIT-COST ANALYSIS.

22 Section 308 of the Water Resources Development Act

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

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

25 ‘‘BENEFIT-COST ANALYSIS’’ and inserting ‘‘ELE-
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1 MENTS EXCLUDED FROM COST-BENEFIT ANAL2 YSIS’’;

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

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

5 (3) by inserting after subsection (a) the fol6 lowing:

7 ‘‘(b) ELEMENTS INCLUDED IN COST-BENEFIT ANAL8 YSIS.—The Secretary shall include primary flood damages

9 avoided in the benefit base for justifying Federal non10 structural flood damage reduction projects.’’; and

11 (4) in the first sentence of subsection (e) (as re12 designated by paragraph (2)), by striking ‘‘(b)’’ and

13 inserting ‘‘(d)’’.

14 SEC. 215. CONTROL OF AQUATIC PLANT GROWTH.

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

16 (33 U.S.C. 610(a)) is amended—

17 (1) by inserting ‘‘Arundo dona,’’ after ‘‘water18 hyacinth,’’; and

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

20 SEC. 216. ENVIRONMENTAL INFRASTRUCTURE.

21 Section 219(c) of the Water Resources Development

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

23 the end the following:
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1 ‘‘(19) LAKE TAHOE, CALIFORNIA AND NE2 VADA.—Regional water system for Lake Tahoe,

3 California and Nevada.

4 ‘‘(20) LANCASTER, CALIFORNIA.—Fox Field In5 dustrial Corridor water facilities, Lancaster, Cali6 fornia.

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

8 Valley recycled water project, San Ramon, Cali9 fornia.’’.

10 SEC. 217. WATERSHED MANAGEMENT, RESTORATION, AND

11 DEVELOPMENT.

12 Section 503 of the Water Resources Development Act

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

14 (1) in subsection (d)—

15 (A) by striking paragraph (10) and insert16 ing the following:

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

18 Georgia, and Lake Lanier of Forsyth and Hall

19 Counties, Georgia.’’; and

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

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

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

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

24 Bay watershed, California.

25 ‘‘(17) Kaweah River watershed, California.
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1 ‘‘(18) Lake Tahoe watershed, California and

2 Nevada.

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

4 ‘‘(20) Truckee River basin, Nevada.

5 ‘‘(21) Walker River basin, Nevada.

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

7 ‘‘(23) Catawba River watershed, North Caro8 lina.’’;

9 (2) by redesignating subsection (e) as sub10 section (f); and

11 (3) by inserting after subsection (d) the fol12 lowing:

13 ‘‘(e) NONPROFIT ENTITIES.—Notwithstanding sec14 tion 221(b) of the Flood Control Act of 1970 (42 U.S.C.

15 1962d–5b(b)), for any project undertaken under this sec16 tion, with the consent of the affected local government,

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

18 SEC. 218. LAKES PROGRAM.

19 Section 602(a) of the Water Resources Development

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

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

22 end;

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

24 the end; and

25 (3) by adding at the end the following:
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1 ‘‘(17) Clear Lake, Lake County, California, re2 moval of silt and aquatic growth and development of

3 a sustainable weed and algae management program;

4 ‘‘(18) Flints Pond, Hollis, New Hampshire, re5 moval of excessive aquatic vegetation; and

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

7 removal of excessive aquatic vegetation.’’.

8 SEC. 219. SEDIMENTS DECONTAMINATION POLICY.

9 Section 405 of the Water Resources Development Act

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

11 amended—

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

13 following:

14 ‘‘(4) PRACTICAL END-USE PRODUCTS.—Tech15 nologies selected for demonstration at the pilot scale

16 shall result in practical end-use products.

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

18 Secretary shall assist the project to ensure expedi19 tious completion by providing sufficient quantities of

20 contaminated dredged material to conduct the full21 scale demonstrations to stated capacity.’’; and

22 (2) in subsection (c), by striking the first sen23 tence and inserting the following: ‘‘There is author24 ized to be appropriated to carry out this section a

25 total of $22,000,000 to complete technology testing,
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1 technology commercialization, and the development

2 of full scale processing facilities within the New

3 York/New Jersey Harbor.’’.

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

5 (a) IN GENERAL.—Section 145 of the Water Re6 sources Development Act of 1976 (33 U.S.C. 426j) is

7 amended in the first sentence by striking ‘‘50’’ and insert8 ing ‘‘35’’.

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

10 with the State of Ohio, other Great Lakes States, and po11 litical subdivisions of the States to fully implement and

12 maximize beneficial reuse of dredged material as provided

13 under section 145 of the Water Resources Development

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

15 SEC. 221. FISH AND WILDLIFE MITIGATION.

16 Section 906(e) of the Water Resources Development

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

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

19 80 percent of the non-Federal share of such first costs

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

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

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

23 Section 211(e)(2)(A) of the Water Resources Devel24 opment Act of 1996 (33 U.S.C. 701b–13(e)(2)(A)) is

25 amended by striking ‘‘subject to amounts being made
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1 available in advance in appropriations Acts’’ and inserting

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

3 SEC. 223. NATIONAL CONTAMINATED SEDIMENT TASK

4 FORCE.

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

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

7 Sediment Task Force established by section 502 of the

8 National Contaminated Sediment Assessment and Man9 agement Act (33 U.S.C. 1271 note; Public Law 102–580).

10 (b) CONVENING.—The Secretary and the Adminis11 trator shall convene the Task Force not later than 90 days

12 after the date of enactment of this Act.

13 (c) REPORTING ON REMEDIAL ACTION.—

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

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

16 shall submit to Congress a report on the status of

17 remedial actions at aquatic sites in the areas de18 scribed in paragraph (2).

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

20 shall address remedial actions in—

21 (A) areas of probable concern identified in

22 the survey of data regarding aquatic sediment

23 quality required by section 503(a) of the Na24 tional Contaminated Sediment Assessment and

25 Management Act (33 U.S.C. 1271);
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1 (B) areas of concern within the Great

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

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

4 1268(f));

5 (C) estuaries of national significance iden6 tified under section 320 of the Federal Water

7 Pollution Control Act (33 U.S.C. 1330);

8 (D) areas for which remedial action has

9 been authorized under any of the Water Re10 sources Development Acts; and

11 (E) as appropriate, any other areas where

12 sediment contamination is identified by the

13 Task Force.

14 (3) ACTIVITIES.—Remedial actions subject to

15 reporting under this subsection include remedial ac16 tions under—

17 (A) the Comprehensive Environmental Re18 sponse, Compensation, and Liability Act of

19 1980 (42 U.S.C. 9601 et seq.) or other Federal

20 or State law containing environmental remedi21 ation authority;

22 (B) any of the Water Resources Develop23 ment Acts;

24 (C) section 404 of the Federal Water Pol25 lution Control Act (33 U.S.C. 1344); or
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1 (D) section 10 of the Act of March 3,

2 1899 (30 Stat. 1151, chapter 425).

3 (4) CONTENTS.—The report under paragraph

4 (1) shall provide, with respect to each remedial ac5 tion described in the report, a description of—

6 (A) the authorities and sources of funding

7 for conducting the remedial action;

8 (B) the nature and sources of the sediment

9 contamination, including volume and concentra10 tion, where appropriate;

11 (C) the testing conducted to determine the

12 nature and extent of sediment contamination

13 and to determine whether the remedial action is

14 necessary;

15 (D) the action levels or other factors used

16 to determine that the remedial action is nec17 essary;

18 (E) the nature of the remedial action

19 planned or undertaken, including the levels of

20 protection of public health and the environment

21 to be achieved by the remedial action;

22 (F) the ultimate disposition of any mate23 rial dredged as part of the remedial action;
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1 (G) the status of projects and the obstacles

2 or barriers to prompt conduct of the remedial

3 action; and

4 (H) contacts and sources of further infor5 mation concerning the remedial action.

6 SEC. 224. GREAT LAKES BASIN PROGRAM.

7 (a) STRATEGIC PLANS.—

8 (1) IN GENERAL.—Not later than 18 months

9 after the date of enactment of this Act, and every

10 2 years thereafter, the Secretary shall report to Con11 gress on a plan for programs of the Corps of Engi12 neers in the Great Lakes basin.

13 (2) CONTENTS.—The plan shall include details

14 of the projected environmental and navigational

15 projects in the Great Lakes basin, including—

16 (A) navigational maintenance and oper17 ations for commercial and recreational vessels;

18 (B) environmental restoration activities;

19 (C) water level maintenance activities;

20 (D) technical and planning assistance to

21 States and remedial action planning commit22 tees;

23 (E) sediment transport analysis, sediment

24 management planning, and activities to support

25 prevention of excess sediment loadings;
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1 (F) flood damage reduction and shoreline

2 erosion prevention;

3 (G) all other activities of the Corps of En4 gineers; and

5 (H) an analysis of factors limiting use of

6 programs and authorities of the Corps of Engi7 neers in existence on the date of enactment of

8 this Act in the Great Lakes basin, including the

9 need for new or modified authorities.

10 (b) GREAT LAKES BIOHYDROLOGICAL INFORMA11 TION.—

12 (1) INVENTORY.—

13 (A) IN GENERAL.—Not later than 90 days

14 after the date of enactment of this Act, the Sec15 retary shall request each Federal agency that

16 may possess information relevant to the Great

17 Lakes biohydrological system to provide an in18 ventory of all such information in the posses19 sion of the agency.

20 (B) RELEVANT INFORMATION.—For the

21 purpose of subparagraph (A), relevant informa22 tion includes information on—

23 (i) ground and surface water hydrol24 ogy;
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1 (ii) natural and altered tributary dy2 namics;

3 (iii) biological aspects of the system

4 influenced by and influencing water quan5 tity and water movement;

6 (iv) meteorological projections and

7 weather impacts on Great Lakes water lev8 els; and

9 (v) other Great Lakes biohydrological

10 system data relevant to sustainable water

11 use management.

12 (2) REPORT.—

13 (A) IN GENERAL.—Not later than 18

14 months after the date of enactment of this Act,

15 the Secretary, in consultation with the States,

16 Indian tribes, and Federal agencies, and after

17 requesting information from the provinces and

18 the federal government of Canada, shall—

19 (i) compile the inventories of informa20 tion;

21 (ii) analyze the information for con22 sistency and gaps; and

23 (iii) submit to Congress, the Inter24 national Joint Commission, and the Great

25 Lakes States a report that includes rec-
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1 ommendations on ways to improve the in2 formation base on the biohydrological dy3 namics of the Great Lakes ecosystem as a

4 whole, so as to support environmentally

5 sound decisions regarding diversions and

6 consumptive uses of Great Lakes water.

7 (B) RECOMMENDATIONS.—The rec8 ommendations in the report under subpara9 graph (A) shall include recommendations relat10 ing to the resources and funds necessary for

11 implementing improvement of the information

12 base.

13 (C) CONSIDERATIONS.—In developing the

14 report under subparagraph (A), the Secretary,

15 in cooperation with the Secretary of State, the

16 Secretary of Transportation, and other relevant

17 agencies as appropriate, shall consider and re18 port on the status of the issues described and

19 recommendations made in—

20 (i) the Report of the International

21 Joint Commission to the Governments of

22 the United States and Canada under the

23 1977 reference issued in 1985; and

24 (ii) the 1993 Report of the Inter25 national Joint Commission to the Govern-
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1 ments of Canada and the United States on

2 Methods of Alleviating Adverse Con3 sequences of Fluctuating Water Levels in

4 the Great Lakes St. Lawrence Basin.

5 (c) GREAT LAKES RECREATIONAL BOATING.—Not

6 later than 18 months after the date of enactment of this

7 Act, the Secretary shall, using information and studies in

8 existence on the date of enactment of this Act to the max9 imum extent practicable, and in cooperation with the

10 Great Lakes States, submit to Congress a report detailing

11 the economic benefits of recreational boating in the Great

12 Lakes basin, particularly at harbors benefiting from oper13 ation and maintenance projects of the Corps of Engineers.

14 (d) COOPERATION.—In undertaking activities under

15 this section, the Secretary shall—

16 (1) encourage public participation; and

17 (2) cooperate, and, as appropriate, collaborate,

18 with Great Lakes States, tribal governments, and

19 Canadian federal, provincial, tribal governments.

20 (e) WATER USE ACTIVITIES AND POLICIES.—The

21 Secretary may provide technical assistance to the Great

22 Lakes States to develop interstate guidelines to improve

23 the consistency and efficiency of State-level water use ac24 tivities and policies in the Great Lakes basin.
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1 (f) COST SHARING.—The Secretary may seek and ac2 cept funds from non-Federal entities to be used to pay

3 up to 25 percent of the cost of carrying out subsections

4 (b), (c), (d), and (e).

5 SEC. 225. PROJECTS FOR IMPROVEMENT OF THE ENVIRON6 MENT.

7 Section 1135(c) of the Water Resources Development

8 Act of 1986 (33 U.S.C. 2309a(c)) is amended—

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

10 the following:

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

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

13 ‘‘(2) CONTROL OF SEA LAMPREY.—Congress

14 finds that—

15 ‘‘(A) the Great Lakes navigation system

16 has been instrumental in the spread of sea lam17 prey and the associated impacts to its fishery;

18 and

19 ‘‘(B) the use of the authority under this

20 subsection for control of sea lamprey at any

21 Great Lakes basin location is appropriate.’’.
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1 SEC. 226. WATER QUALITY, ENVIRONMENTAL QUALITY,

2 RECREATION, FISH AND WILDLIFE, FLOOD

3 CONTROL, AND NAVIGATION.

4 (a) IN GENERAL.—The Secretary may investigate,

5 study, evaluate, and report on—

6 (1) water quality, environmental quality, recre7 ation, fish and wildlife, flood control, and navigation

8 in the western Lake Erie watershed, including the

9 watersheds of the Maumee River, Ottawa River, and

10 Portage River in the States of Indiana, Ohio, and

11 Michigan; and

12 (2) measures to improve water quality, environ13 mental quality, recreation, fish and wildlife, flood

14 control, and navigation in the western Lake Erie

15 basin.

16 (b) COOPERATION.—In carrying out studies and in17 vestigations under subsection (a), the Secretary shall co18 operate with Federal, State, and local agencies and non19 governmental organizations to ensure full consideration of

20 all views and requirements of all interrelated programs

21 that those agencies may develop independently or in co22 ordination with the Corps of Engineers.

23 SEC. 227. IRRIGATION DIVERSION PROTECTION AND FISH24 ERIES ENHANCEMENT ASSISTANCE.

25 The Secretary may provide technical planning and

26 design assistance to non-Federal interests and may con-
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1 duct other site-specific studies to formulate and evaluate

2 fish screens, fish passages devices, and other measures to

3 decrease the incidence of juvenile and adult fish inadvert4 ently entering into irrigation systems. Measures shall be

5 developed in cooperation with Federal and State resource

6 agencies and not impair the continued withdrawal of water

7 for irrigation purposes. In providing such assistance pri8 ority shall be given based on the objectives of the Endan9 gered Species Act, cost-effectiveness, and the potential for

10 reducing fish mortality. Non-Federal interests shall agree

11 by contract to contribute 50 percent of the cost of such

12 assistance. Not more than one-half of such non-Federal

13 contribution may be made by the provision of services, ma14 terials, supplies, or other in-kind services. No construction

15 activities are authorized by this section. Not later than

16 2 years after the date of enactment of this section, the

17 Secretary shall report to Congress on fish mortality caused

18 by irrigation water intake devices, appropriate measures

19 to reduce mortality, the extent to which such measures

20 are currently being employed in the arid States, the con21 struction costs associated with such measures, and the ap22 propriate Federal role, if any, to encourage the use of such

23 measures.
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1 SEC. 228. SMALL STORM DAMAGE REDUCTION PROJECTS.

2 Section 3 of the Act of August 13, 1946 (33 U.S.C.

3 426g), is amended by striking ‘‘$2,000,000’’ and inserting

4 ‘‘$3,000,000’’.

5 SEC. 229. SHORE DAMAGE PREVENTION OR MITIGATION.

6 Section 111 of the River and Harbor Act of 1968

7 (33 U.S.C. 426(i)) is amended—

8 (1) in the first sentence, by striking ‘‘The Sec9 retary’’ and inserting ‘‘(a) IN GENERAL.—The Sec10 retary’’;

11 (2) in the second sentence, by striking ‘‘The

12 costs’’ and inserting the following:

13 ‘‘(b) COST SHARING.—The costs’’;

14 (3) in the third sentence—

15 (A) by striking ‘‘No such’’ and inserting

16 the following:

17 ‘‘(c) REQUIREMENT FOR SPECIFIC AUTHORIZA18 TION.—No such’’; and

19 (B) by striking ‘‘$2,000,000’’ and insert20 ing ‘‘$5,000,000’’; and

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

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

23 ‘‘(1) coordinate the implementation of the

24 measures under this section with other Federal and

25 non-Federal shore protection projects in the same

26 geographic area; and
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1 ‘‘(2) to the extent practicable, combine mitiga2 tion projects with other shore protection projects in

3 the same area into a comprehensive regional

4 project.’’.

5 TITLE III—PROJECT-RELATED

6 PROVISIONS

7 SEC. 301. DREDGING OF SALT PONDS IN THE STATE OF

8 RHODE ISLAND.

9 The Secretary may acquire for the State of Rhode

10 Island a dredge and associated equipment with the capac11 ity to dredge approximately 100 cubic yards per hour for

12 use by the State in dredging salt ponds in the State.

13 SEC. 302. UPPER SUSQUEHANNA RIVER BASIN, PENNSYL14 VANIA AND NEW YORK.

15 Section 567(a) of the Water Resources Development

16 Act of 1996 (110 Stat. 3787) is amended by adding at

17 the end the following:

18 ‘‘(3) The Chemung River watershed, New York,

19 at an estimated Federal cost of $5,000,000.’’.

20 SEC. 303. SMALL FLOOD CONTROL PROJECTS.

21 Section 102 of the Water Resources Development Act

22 of 1996 (110 Stat. 3668) is amended—

23 (1) by redesignating paragraphs (15) through

24 (22) as paragraphs (16) through (23), respectively;
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1 (2) by inserting after paragraph (14) the fol2 lowing:

3 ‘‘(15) REPAUPO CREEK AND DELAWARE RIVER,

4 GLOUCESTER COUNTY, NEW JERSEY.—Project for

5 tidegate and levee improvements for Repaupo Creek

6 and the Delaware River, Gloucester County, New

7 Jersey.’’; and

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

9 ‘‘(24) IRONDEQUOIT CREEK, NEW YORK.—

10 Project for flood control, Irondequoit Creek water11 shed, New York.

12 ‘‘(25) TIOGA COUNTY, PENNSYLVANIA.—Project

13 for flood control, Tioga River and Cowanesque River

14 and their tributaries, Tioga County, Pennsylvania.’’.

15 SEC. 304. SMALL NAVIGATION PROJECTS.

16 Section 104 of the Water Resources Development Act

17 of 1996 (110 Stat. 3669) is amended—

18 (1) by redesignating paragraphs (9) through

19 (12) as paragraphs (10) through (13), respectively;

20 and

21 (2) by inserting after paragraph (8) the fol22 lowing:

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

24 JERSEY.—Project for navigation for Fortescue Inlet,

25 Delaware Bay, New Jersey.’’.
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1 SEC. 305. STREAMBANK PROTECTION PROJECTS.

2 (a) ARCTIC OCEAN, BARROW, ALASKA.—The Sec3 retary shall evaluate and, if justified under section 14 of

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

5 out storm damage reduction and coastal erosion measures

6 at the town of Barrow, Alaska.

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

8 Secretary may construct appropriate control structures in

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

10 Michigan, under authority of section 14 of the Flood Con11 trol Act of 1946 (33 Stat. 701r).

12 (c) YELLOWSTONE RIVER, BILLINGS, MONTANA.—

13 The streambank protection project at Coulson Park, along

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

15 for assistance under section 14 of the Flood Control Act

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

17 (d) MONONGAHELA RIVER, POINT MARION, PENN18 SYLVANIA.—The Secretary shall evaluate and, if justified

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

20 U.S.C. 701r), carry out streambank erosion control meas21 ures along the Monongahela River at the borough of Point

22 Marion, Pennsylvania.

23 SEC. 306. AQUATIC ECOSYSTEM RESTORATION, SPRING24 FIELD, OREGON.

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

26 Resources Development Act of 1990 (33 Stat. 2309a) or
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1 other applicable authority, the Secretary shall conduct

2 measures to address water quality, water flows and fish

3 habitat restoration in the historic Springfield, Oregon,

4 millrace through the reconfiguration of the existing

5 millpond, if the Secretary determines that harmful im6 pacts have occurred as the result of a previously con7 structed flood control project by the Corps of Engineers.

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

9 excluding lands, easements, rights-of-way, dredged mate10 rial disposal areas, and relocations, shall be 25 percent.

11 (c) AUTHORIZATION OF APPROPRIATIONS.—There is

12 authorized to be appropriated to carry out this section

13 $1,500,000.

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

15 The Secretary shall expeditiously complete the activi16 ties authorized under section 346 of the Water Resources

17 Development Act of 1992 (106 Stat. 4858), including ac18 tivities associated with Sluice Creek in Guilford, Con19 necticut, and Lighthouse Point Park in New Haven, Con20 necticut.

21 SEC. 308. FRANCIS BLAND FLOODWAY DITCH.

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

23 Eight Mile Creek, Paragould, Arkansas, authorized by sec24 tion 401(a) of the Water Resources Development Act of

25 1986 (100 Stat. 4112) and known as ‘‘Eight Mile Creek,
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1 Paragould, Arkansas’’, shall be known and designated as

2 the ‘‘Francis Bland Floodway Ditch’’.

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

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

5 United States to the project and creek referred to in sub6 section (a) shall be deemed to be a reference to the

7 Francis Bland Floodway Ditch.

8 SEC. 309. CALOOSAHATCHEE RIVER BASIN, FLORIDA.

9 Section 528(e)(4) of the Water Resources Develop10 ment Act of 1996 (110 Stat. 3770) is amended in the first

11 sentence by inserting before the period at the end the fol12 lowing: ‘‘, including potential land acquisition in the

13 Caloosahatchee River basin or other areas’’.

14 SEC. 310. CUMBERLAND, MARYLAND, FLOOD PROJECT

15 MITIGATION.

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

17 other purposes, Cumberland, Maryland, authorized by sec18 tion 5 of the Act of June 22, 1936 (commonly known as

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

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

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

22 Chesapeake and Ohio Canal substantially in accordance

23 with the Chesapeake and Ohio Canal National Historic

24 Park, Cumberland, Maryland, Rewatering Design Anal25 ysis, dated February 1998, at a total cost of $15,000,000,
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1 with an estimated Federal cost of $9,750,000 and an esti2 mated non-Federal cost of $5,250,000.

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

4 for the restoration project under subsection (a)—

5 (1) may provide all or a portion of the non-Fed6 eral share of project costs in the form of in-kind

7 services; and

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

9 share of project costs for design and construction

10 work performed by the non-Federal interest before

11 execution of a project cooperation agreement and for

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

13 restoration and acquired by the non-Federal interest

14 before execution of such an agreement.

15 (c) OPERATION AND MAINTENANCE.—The operation

16 and maintenance of the restoration project under sub17 section (a) shall be the full responsibility of the National

18 Park Service.

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

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

21 (33 U.S.C. 426h), is amended by inserting before the

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

23 Beach, Florida’’.
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1 SEC. 312. SARDIS RESERVOIR, OKLAHOMA.

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

3 the State of Oklahoma or an agent of the State an

4 amount, as determined under subsection (b), as prepay5 ment of 100 percent of the water supply cost obligation

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

7 for water supply storage at Sardis Reservoir, Oklahoma.

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

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

10 shall be subject to adjustment in accordance with accepted

11 discount purchase methods for Government properties as

12 determined by an independent accounting firm designated

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

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

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

16 the contract referred to in subsection (a).

17 SEC. 313. UPPER MISSISSIPPI RIVER AND ILLINOIS WATER18 WAY SYSTEM NAVIGATION MODERNIZATION.

19 (a) FINDINGS.—Congress finds that—

20 (1) exports are necessary to ensure job creation

21 and an improved standard of living for the people of

22 the United States;

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

24 United States to compete in the international mar25 ketplace depends on a modern and efficient trans26 portation network;
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1 (3) a modern and efficient waterway system is

2 a transportation option necessary to provide United

3 States shippers a safe, reliable, and competitive

4 means to win foreign markets in an increasingly

5 competitive international marketplace;

6 (4) the need to modernize is heightened because

7 the United States is at risk of losing its competitive

8 edge as a result of the priority that foreign competi9 tors are placing on modernizing their own waterway

10 systems;

11 (5) growing export demand projected over the

12 coming decades will force greater demands on the

13 waterway system of the United States and increase

14 the cost to the economy if the system proves inad15 equate to satisfy growing export opportunities;

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

17 River and Illinois River waterway system were built

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

19 delays to commercial tows in the country;

20 (7) inland barges carry freight at the lowest

21 unit cost while offering an alternative to truck and

22 rail transportation that is environmentally sound, is

23 energy efficient, is safe, causes little congestion, pro24 duces little air or noise pollution, and has minimal

25 social impact; and
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1 (8) it should be the policy of the Corps of Engi2 neers to pursue aggressively modernization of the

3 waterway system authorized by Congress to promote

4 the relative competitive position of the United States

5 in the international marketplace.

6 (b) PRECONSTRUCTION ENGINEERING AND DE7 SIGN.—In accordance with the Upper Mississippi River8 Illinois Waterway System Navigation Study, the Secretary

9 shall proceed immediately to prepare engineering design,

10 plans, and specifications for extension of locks 20, 21, 22,

11 24, 25 on the Mississippi River and the LaGrange and

12 Peoria Locks on the Illinois River, to provide lock cham13 bers 110 feet in width and 1,200 feet in length, so that

14 construction can proceed immediately upon completion of

15 studies and authorization of projects by Congress.

16 SEC. 314. UPPER MISSISSIPPI RIVER MANAGEMENT.

17 Section 1103 of the Water Resources Development

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

19 (1) in subsection (e)—

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

21 through the end of paragraph (2) and inserting

22 the following:

23 ‘‘(e) UNDERTAKINGS.—

24 ‘‘(1) IN GENERAL.—
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1 ‘‘(A) AUTHORITY.—The Secretary, in con2 sultation with the Secretary of the Interior and

3 the States of Illinois, Iowa, Minnesota, Mis4 souri, and Wisconsin, is authorized to

5 undertake—

6 ‘‘(i) a program for the planning, con7 struction, and evaluation of measures for

8 fish and wildlife habitat rehabilitation and

9 enhancement; and

10 ‘‘(ii) implementation of a program of

11 long-term resource monitoring, computer12 ized data inventory and analysis, and ap13 plied research.

14 ‘‘(B) REQUIREMENTS FOR PROJECTS.—

15 Each project carried out under subparagraph

16 (A)(i) shall—

17 ‘‘(i) to the maximum extent prac18 ticable, simulate natural river processes;

19 ‘‘(ii) include an outreach and edu20 cation component; and

21 ‘‘(iii) on completion of the assessment

22 under subparagraph (D), address identified

23 habitat and natural resource needs.

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

25 out subparagraph (A), the Secretary shall cre-
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1 ate an independent technical advisory com2 mittee to review projects, monitoring plans, and

3 habitat and natural resource needs assessments.

4 ‘‘(D) HABITAT AND NATURAL RESOURCE

5 NEEDS ASSESSMENT.—

6 ‘‘(i) AUTHORITY.—The Secretary is

7 authorized to undertake a systemic, river

8 reach, and pool scale assessment of habitat

9 and natural resource needs to serve as a

10 blueprint to guide habitat rehabilitation

11 and long-term resource monitoring.

12 ‘‘(ii) DATA.—The habitat and natural

13 resource needs assessment shall, to the

14 maximum extent practicable, use data in

15 existence at the time of the assessment.

16 ‘‘(iii) TIMING.—The Secretary shall

17 complete a habitat and natural resource

18 needs assessment not later than 3 years

19 after the date of enactment of this sub20 paragraph.

21 ‘‘(2) REPORTS.—On December 31, 2005, in

22 consultation with the Secretary of the Interior and

23 the States of Illinois, Iowa, Minnesota, Missouri, and

24 Wisconsin, the Secretary shall prepare and submit to

25 Congress a report that—
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1 ‘‘(A) contains an evaluation of the pro2 grams described in paragraph (1);

3 ‘‘(B) describes the accomplishments of

4 each program;

5 ‘‘(C) includes results of a habitat and nat6 ural resource needs assessment; and

7 ‘‘(D) identifies any needed adjustments in

8 the authorization under paragraph (1) or the

9 authorized appropriations under paragraphs

10 (3), (4), and (5).’’;

11 (B) in paragraph (3)—

12 (i) by striking ‘‘paragraph (1)(A)’’

13 and inserting ‘‘paragraph (1)(A)(i)’’; and

14 (ii) by striking ‘‘Secretary not to ex15 ceed’’ and all that follows and inserting

16 ‘‘Secretary not to exceed $22,750,000 for

17 each of fiscal years 1999 through 2009.’’;

18 (C) in paragraph (4)—

19 (i) by striking ‘‘paragraph (1)(B)’’

20 and inserting ‘‘paragraph (1)(A)(ii)’’; and

21 (ii) by striking ‘‘$7,680,000’’ and all

22 that follows and inserting ‘‘$10,420,000

23 for each of fiscal years 1999 through

24 2009.’’;
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1 (D) by striking paragraphs (5) and (6)

2 and inserting the following:

3 ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.—

4 There is authorized to be appropriated to carry out

5 paragraph (1)(C) not to exceed $350,000 for each of

6 fiscal years 1999 through 2009.

7 ‘‘(6) TRANSFER OF AMOUNTS.—

8 ‘‘(A) IN GENERAL.—For each fiscal year

9 beginning after September 30, 1992, the Sec10 retary, in consultation with the Secretary of the

11 Interior and the States of Illinois, Iowa, Min12 nesota, Missouri, and Wisconsin, may transfer

13 appropriated amounts between the programs

14 under clauses (i) and (ii) of paragraph (1)(A)

15 and paragraph (1)(C).

16 ‘‘(B) APPORTIONMENT OF COSTS.—In car17 rying out paragraph (1)(D), the Secretary may

18 apportion the costs equally between the pro19 grams authorized by paragraph (1)(A).’’; and

20 (E) in paragraph (7)—

21 (i) in subparagraph (A)—

22 (I) by inserting ‘‘(i)’’ after ‘‘para23 graph (1)(A)’’; and

24 (II) by inserting before the pe25 riod at the end the following: ‘‘and, in
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1 the case of any project requiring non2 Federal cost sharing, the non-Federal

3 share of the cost of the project shall

4 be 35 percent’’; and

5 (ii) in subparagraph (B), by striking

6 ‘‘paragraphs (1)(B) and (1)(C) of this sub7 section’’ and inserting ‘‘paragraph

8 (1)(A)(ii)’’;

9 (2) in subsection (f)(2)—

10 (A) in subparagraph (A), by striking

11 ‘‘(A)’’; and

12 (B) by striking subparagraph (B); and

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

14 ‘‘(k) ST. LOUIS AREA URBAN WILDLIFE HABITAT.—

15 The Secretary shall investigate and, if appropriate, carry

16 out restoration of urban wildlife habitat, with a special

17 emphasis on the establishment of greenways in the St.

18 Louis, Missouri, area and surrounding communities.’’.

19 SEC. 315. RESEARCH AND DEVELOPMENT PROGRAM FOR

20 COLUMBIA AND SNAKE RIVERS SALMON SUR21 VIVAL.

22 Section 511 of the Water Resources Development Act

23 of 1996 (16 U.S.C. 3301 note; Public Law 104–303) is

24 amended by striking subsection (a) and all that follows

25 and inserting the following:
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1 ‘‘(a) SALMON SURVIVAL ACTIVITIES.—

2 ‘‘(1) IN GENERAL.—In conjunction with the

3 Secretary of Commerce and Secretary of the Inte4 rior, the Secretary shall accelerate ongoing research

5 and development activities, and may carry out or

6 participate in additional research and development

7 activities, for the purpose of developing innovative

8 methods and technologies for improving the survival

9 of salmon, especially salmon in the Columbia/Snake

10 River Basin.

11 ‘‘(2) ACCELERATED ACTIVITIES.—Accelerated

12 research and development activities referred to in

13 paragraph (1) may include research and develop14 ment related to—

15 ‘‘(A) impacts from water resources projects

16 and other impacts on salmon life cycles;

17 ‘‘(B) juvenile and adult salmon passage;

18 ‘‘(C) light and sound guidance systems;

19 ‘‘(D) surface-oriented collector systems;

20 ‘‘(E) transportation mechanisms; and

21 ‘‘(F) dissolved gas monitoring and abate22 ment.

23 ‘‘(3) ADDITIONAL ACTIVITIES.—Additional re24 search and development activities referred to in
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1 paragraph (1) may include research and develop2 ment related to—

3 ‘‘(A) studies of juvenile salmon survival in

4 spawning and rearing areas;

5 ‘‘(B) estuary and near-ocean juvenile and

6 adult salmon survival;

7 ‘‘(C) impacts on salmon life cycles from

8 sources other than water resources projects;

9 ‘‘(D) cryopreservation of fish gametes and

10 formation of a germ plasm repository for

11 threatened and endangered populations of na12 tive fish; and

13 ‘‘(E) other innovative technologies and ac14 tions intended to improve fish survival, includ15 ing the survival of resident fish.

16 ‘‘(4) COORDINATION.—The Secretary shall co17 ordinate any activities carried out under this sub18 section with appropriate Federal, State, and local

19 agencies, affected Indian tribes, and the Northwest

20 Power Planning Council.

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

22 date of enactment of this section, the Secretary shall

23 submit to Congress a report on the research and de24 velopment activities carried out under this sub25 section, including any recommendations of the Sec-
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1 retary concerning the research and development ac2 tivities.

3 ‘‘(6) AUTHORIZATION OF APPROPRIATIONS.—

4 There is authorized to be appropriated $10,000,000

5 to carry out research and development activities

6 under paragraph (3).

7 ‘‘(b) ADVANCED TURBINE DEVELOPMENT.—

8 ‘‘(1) IN GENERAL.—In conjunction with the

9 Secretary of Energy, the Secretary shall accelerate

10 efforts toward developing and installing in Corps of

11 Engineers-operated dams innovative, efficient, and

12 environmentally safe hydropower turbines, including

13 design of fish-friendly turbines, for use on the Co14 lumbia/Snake River hydrosystem.

15 ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.—

16 There is authorized to be appropriated $35,000,000

17 to carry out this subsection.

18 ‘‘(c) MANAGEMENT OF PREDATION ON COLUMBIA/

19 SNAKE RIVER SYSTEM NATIVE FISHES.—

20 ‘‘(1) NESTING AVIAN PREDATORS.—In conjunc21 tion with the Secretary of Commerce and the Sec22 retary of the Interior, and consistent with a manage23 ment plan to be developed by the United States Fish

24 and Wildlife Service, the Secretary shall carry out

25 methods to reduce nesting populations of avian pred-
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1 ators on dredge spoil islands in the Columbia River

2 under the jurisdiction of the Secretary.

3 ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.—

4 There is authorized to be appropriated $1,000,000

5 to carry out research and development activities

6 under this subsection.

7 ‘‘(d) IMPLEMENTATION.—Nothing in this section af8 fects the authority of the Secretary to implement the re9 sults of the research and development carried out under

10 this section or any other law.’’.

11 SEC. 316. NINE MILE RUN HABITAT RESTORATION, PENN12 SYLVANIA.

13 The Secretary may credit against the non-Federal

14 share such costs as are incurred by the non-Federal inter15 ests in preparing environmental and other preconstruction

16 documentation for the habitat restoration project, Nine

17 Mile Run, Pennsylvania, if the Secretary determines that

18 the documentation is integral to the project.

19 SEC. 317. LARKSPUR FERRY CHANNEL, CALIFORNIA.

20 The Secretary shall work with the Secretary of

21 Transportation on a proposed solution to carry out the

22 project to maintain the Larkspur Ferry Channel, Lark23 spur, California, authorized by section 601(d) of the

24 Water Resources Development Act of 1986 (100 Stat.

25 4148).
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1 SEC. 318. COMPREHENSIVE FLOOD IMPACT-RESPONSE

2 MODELING SYSTEM.

3 (a) IN GENERAL.—The Secretary may study and im4 plement a Comprehensive Flood Impact-Response Mod5 eling System for the Coralville Reservoir and the Iowa

6 River watershed, Iowa.

7 (b) STUDY.—The study shall include—

8 (1) an evaluation of the combined hydrologic,

9 geomorphic, environmental, economic, social, and

10 recreational impacts of operating strategies within

11 the watershed;

12 (2) creation of an integrated, dynamic flood im13 pact model; and

14 (3) the development of a rapid response system

15 to be used during flood and emergency situations.

16 (c) REPORT TO CONGRESS.—Not later than 5 years

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

18 transmit a report to Congress on the results of the study

19 and modeling system and such recommendations as the

20 Secretary determines to be appropriate.

21 (d) AUTHORIZATION OF APPROPRIATIONS.—There is

22 authorized to be appropriated a total of $2,250,000 to

23 carry out this section.
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1 SEC. 319. STUDY REGARDING INNOVATIVE FINANCING FOR

2 SMALL AND MEDIUM-SIZED PORTS.

3 (a) STUDY.—The Comptroller General of the United

4 States shall conduct a study and analysis of various alter5 natives for innovative financing of future construction, op6 eration, and maintenance of projects in small and me7 dium-sized ports.

8 (b) REPORT.—Not later than 270 days after the date

9 of enactment of this Act, the Comptroller General shall

10 submit to the Committee on Environment and Public

11 Works of the Senate and Committee on Transportation

12 and Infrastructure of the House of Representatives and

13 the results of the study and any related legislative rec14 ommendations for consideration by Congress.

15 SEC. 320. CANDY LAKE PROJECT, OSAGE COUNTY, OKLA16 HOMA.

17 (a) DEFINITIONS.—In this section:

18 (1) FAIR MARKET VALUE.—The term ‘‘fair

19 market value’’ means the amount for which a willing

20 buyer would purchase and a willing seller would sell

21 a parcel of land, as determined by a qualified, inde22 pendent land appraiser.

23 (2) PREVIOUS OWNER OF LAND.—The term

24 ‘‘previous owner of land’’ means a person (including

25 a corporation) that conveyed, or a descendant of a

26 deceased individual who conveyed, land to the Corps
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1 of Engineers for use in the Candy Lake project in

2 Osage County, Oklahoma.

3 (3) SECRETARY.—The term ‘‘Secretary’’ means

4 the Secretary of the Army.

5 (b) LAND CONVEYANCES.—

6 (1) IN GENERAL.—The Secretary shall convey,

7 in accordance with this section, all right, title, and

8 interest of the United States in and to the land ac9 quired by the United States for the Candy Lake

10 project in Osage County, Oklahoma.

11 (2) PREVIOUS OWNERS OF LAND.—

12 (A) IN GENERAL.—The Secretary shall

13 give a previous owner of land first option to

14 purchase the land described in paragraph (1).

15 (B) APPLICATION.—

16 (i) IN GENERAL.—A previous owner

17 of land that desires to purchase the land

18 described in paragraph (1) that was owned

19 by the previous owner of land, or by the in20 dividual from whom the previous owner of

21 land is descended, shall file an application

22 to purchase the land with the Secretary

23 not later than 180 days after the official

24 date of notice to the previous owner of

25 land under subsection (c).
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1 (ii) FIRST TO FILE HAS FIRST OP2 TION.—If more than 1 application is filed

3 for a parcel of land described in paragraph

4 (1), first options to purchase the parcel of

5 land shall be allotted in the order in which

6 applications for the parcel of land were

7 filed.

8 (C) IDENTIFICATION OF PREVIOUS OWN9 ERS OF LAND.—As soon as practicable after the

10 date of enactment of this Act, the Secretary

11 shall, to the extent practicable, identify each

12 previous owner of land.

13 (D) CONSIDERATION.—Consideration for

14 land conveyed under this subsection shall be the

15 fair market value of the land.

16 (3) DISPOSAL.—Any land described in para17 graph (1) for which an application has not been filed

18 under paragraph (2)(B) within the applicable time

19 period shall be disposed of in accordance with law.

20 (4) EXTINGUISHMENT OF EASEMENTS.—All

21 flowage easements acquired by the United States for

22 use in the Candy Lake project in Osage County,

23 Oklahoma, are extinguished.

24 (c) NOTICE.—

25 (1) IN GENERAL.—The Secretary shall notify—
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1 (A) each person identified as a previous

2 owner of land under subsection (b)(2)(C), not

3 later than 90 days after identification, by

4 United States mail; and

5 (B) the general public, not later than 90

6 days after the date of enactment of this Act, by

7 publication in the Federal Register.

8 (2) CONTENTS OF NOTICE.—Notice under this

9 subsection shall include—

10 (A) a copy of this section;

11 (B) information sufficient to separately

12 identify each parcel of land subject to this sec13 tion; and

14 (C) specification of the fair market value

15 of each parcel of land subject to this section.

16 (3) OFFICIAL DATE OF NOTICE.—The official

17 date of notice under this subsection shall be the

18 later of—

19 (A) the date on which actual notice is

20 mailed; or

21 (B) the date of publication of the notice in

22 the Federal Register.
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1 SEC. 321. SALCHA RIVER AND PILEDRIVER SLOUGH, FAIR2 BANKS, ALASKA.

3 The Secretary shall evaluate and, if justified under

4 section 205 of the Flood Control Act of 1948 (33 U.S.C.

5 701s), carry out flood damage reduction measures along

6 the lower Salcha River and on Piledriver Slough, from its

7 headwaters at the mouth of the Salcha River to the Chena

8 Lakes Flood Control Project, in the vicinity of Fairbanks,

9 Alaska, to protect against surface water flooding.

10 SEC. 322. EYAK RIVER, CORDOVA, ALASKA.

11 The Secretary shall evaluate and, if justified under

12 section 205 of the Flood Control Act of 1948 (33 U.S.C.

13 701s), carry out flood damage reduction measures along

14 the Eyak River at the town of Cordova, Alaska.

15 SEC. 323. NORTH PADRE ISLAND STORM DAMAGE REDUC16 TION AND ENVIRONMENTAL RESTORATION

17 PROJECT.

18 The Secretary shall carry out a project for ecosystem

19 restoration and storm damage reduction at North Padre

20 Island, Corpus Christi Bay, Texas, at a total estimated

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

22 $19,500,000 and an estimated non-Federal cost of

23 $10,500,000, if the Secretary finds that the work is tech24 nically sound, environmentally acceptable, and economi25 cally justified.
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1 SEC. 324. KANOPOLIS LAKE, KANSAS.

2 (a) WATER SUPPLY.—

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

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

5 cooperation with the State of Kansas or another

6 non-Federal interest, shall complete a water supply

7 reallocation study at the project for flood control,

8 Kanopolis Lake, Kansas, as a basis on which the

9 Secretary shall enter into negotiations with the State

10 of Kansas or another non-Federal interest for the

11 terms and conditions of a reallocation of the water

12 supply.

13 (2) OPTIONS.—The negotiations for storage re14 allocation shall include the following options for eval15 uation by all parties:

16 (A) Financial terms of storage reallocation.

17 (B) Protection of future Federal water re18 leases from Kanopolis Dam, consistent with

19 State water law, to ensure that the benefits ex20 pected from releases are provided.

21 (C) Potential establishment of a water as22 surance district consistent with other such dis23 tricts established by the State of Kansas.

24 (D) Protection of existing project purposes

25 at Kanopolis Dam to include flood control,

26 recreation, and fish and wildlife.
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1 (b) IN-KIND CREDIT.—

2 (1) IN GENERAL.—The Secretary may negotiate

3 a credit for a portion of the financial repayment to

4 the Federal Government for work performed by the

5 State of Kansas, or another non-Federal interest, on

6 land adjacent or in close proximity to the project, if

7 the work provides a benefit to the project.

8 (2) WORK INCLUDED.—The work for which

9 credit may be granted may include watershed protec10 tion and enhancement, including wetland construc11 tion and ecosystem restoration.

12 SEC. 325. NEW YORK CITY WATERSHED.

13 Section 552(d) of the Water Resources Development

14 Act of 1996 (110 Stat. 3780) is amended by striking ‘‘for

15 the project to be carried out with such assistance’’ and

16 inserting ‘‘, or a public entity designated by the State di17 rector, to carry out the project with such assistance, sub18 ject to the project’s meeting the certification requirement

19 of subsection (c)(1)’’.

20 SEC. 326. CITY OF CHARLEVOIX REIMBURSEMENT, MICHI21 GAN.

22 The Secretary shall review and, if consistent with au23 thorized project purposes, reimburse the city of

24 Charlevoix, Michigan, for the Federal share of costs asso25 ciated with construction of the new revetment connection
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1 to the Federal navigation project at Charlevoix Harbor,

2 Michigan.

3 SEC. 327. HAMILTON DAM FLOOD CONTROL PROJECT,

4 MICHIGAN.

5 The Secretary may construct the Hamilton Dam

6 flood control project, Michigan, under authority of section

7 205 of the Flood Control Act of 1948 (33 U.S.C. 701s).

8 SEC. 328. HOLES CREEK FLOOD CONTROL PROJECT, OHIO.

9 (a) IN GENERAL.—Notwithstanding any other provi10 sion of law, the non-Federal share of project costs for the

11 project for flood control, Holes Creek, Ohio, shall not ex12 ceed the sum of—

13 (1) the total amount projected as the non-Fed14 eral share as of September 30, 1996, in the Project

15 Cooperation Agreement executed on that date; and

16 (2) 100 percent of the amount of any increases

17 in the cost of the locally preferred plan over the cost

18 estimated in the Project Cooperation Agreement.

19 (b) REIMBURSEMENT.—The Secretary shall reim20 burse the non-Federal interest any amount paid by the

21 non-Federal interest in excess of the non-Federal share.
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1 SEC. 329. OVERFLOW MANAGEMENT FACILITY, RHODE IS2 LAND.

3 Section 585(a) of the Water Resources Development

4 Act of 1996 (110 Stat. 3791) is amended by striking

5 ‘‘river’’ and inserting ‘‘sewer’’.

6 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

8 ‘‘Water Resources Development Act of 1999’’.

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

10 Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Definition of Secretary.

TITLE I—WATER RESOURCES PROJECTS

Sec. 101. Project authorizations.

Sec. 102. Project modifications.

Sec. 103. Project deauthorizations.

Sec. 104. Studies.

TITLE II—GENERAL PROVISIONS

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

Sec. 202. Shore protection.

Sec. 203. Small flood control authority.

Sec. 204. Use of non-Federal funds for compiling and disseminating information

on floods and flood damages.

Sec. 205. Aquatic ecosystem restoration.

Sec. 206. Beneficial uses of dredged material.

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

Sec. 208. Recreation user fees.

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

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

Sec. 211. Outer Continental Shelf.

Sec. 212. Environmental dredging.

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

Sec. 214. Control of aquatic plant growth.

Sec. 215. Environmental infrastructure.

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

Sec. 217. Lakes program.

Sec. 218. Sediments decontamination policy.

Sec. 219. Disposal of dredged material on beaches.

Sec. 220. Fish and wildlife mitigation.

Sec. 221. Reimbursement of non-Federal interest.
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Sec. 222. National Contaminated Sediment Task Force.

Sec. 223. Great Lakes basin program.

Sec. 224. Projects for improvement of the environment.

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

flood control, and navigation.

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

Sec. 227. Small storm damage reduction projects.

Sec. 228. Shore damage prevention or mitigation.

Sec. 229. Atlantic coast of New York.

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

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.

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

Sec. 307. Guilford and New Haven, Connecticut.

Sec. 308. Francis Bland Floodway Ditch.

Sec. 309. Caloosahatchee River basin, Florida.

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

Sec. 311. City of Miami Beach, Florida.

Sec. 312. Sardis Reservoir, Oklahoma.

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

Sec. 314. Upper Mississippi River management.

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

salmon survival.

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

Sec. 317. Larkspur Ferry Channel, California.

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

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

ports.

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

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

Sec. 322. Eyak River, Cordova, Alaska.

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

Sec. 324. Kanopolis Lake, Kansas.

Sec. 325. New York City watershed.

Sec. 326. City of Charlevoix reimbursement, Michigan.

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

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

Sec. 329. Overflow management facility, Rhode Island.

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

and Maryland.

Sec. 331. Everglades and south Florida ecosystem restoration.
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1 SEC. 2. DEFINITION OF SECRETARY.

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

3 of the Army.

4 TITLE I—WATER RESOURCES

5 PROJECTS

6 SEC. 101. PROJECT AUTHORIZATIONS.

7 (a) PROJECTS WITH CHIEF’S REPORTS.—The fol8 lowing 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 respec12 tive reports designated in this section:

13 (1) SAND POINT HARBOR, ALASKA.—The project

14 for navigation, Sand Point Harbor, Alaska: Report of

15 the Chief of Engineers dated October 13, 1998, at a

16 total cost of $11,760,000, with an estimated Federal

17 cost of $6,964,000 and an estimated non-Federal cost

18 of $4,796,000.

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

20 project for environmental restoration, Rio Salado

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

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

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

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

2 project for flood damage reduction, environmental res3 toration, and recreation, Tucson drainage area, Ari4 zona: Report of the Chief of Engineers dated May 20,

5 1998, at a total cost of $29,900,000, with an esti6 mated Federal cost of $16,768,000 and an estimated

7 non-Federal cost of $13,132,000.

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

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

11 damage reduction described as the Folsom

12 Stepped Release Plan in the Corps of Engineers

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

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

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

17 an estimated non-Federal cost of $176,100,000.

18 (B) IMPLEMENTATION.—

19 (i) IN GENERAL.—Implementation of

20 the measures by the Secretary pursuant to

21 subparagraph (A) shall be undertaken after

22 completion of the levee stabilization and

23 strengthening and flood warning features

24 authorized by section 101(a)(1) of the Water
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1 Resources Development Act of 1996 (110

2 Stat. 3662).

3 (ii) FOLSOM DAM AND RESERVOIR.—

4 The Secretary may undertake measures at

5 the Folsom Dam and Reservoir authorized

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

10 any other changed conditions in the project

11 area, including operational and construc12 tion impacts that have occurred since com13 pletion of the report referred to in subpara14 graph (A). The Secretary shall conduct the

15 review and develop the modifications to the

16 Folsom Dam and Reservoir with the full

17 participation of the Secretary of the Inte18 rior.

19 (iii) REMAINING DOWNSTREAM ELE20 MENTS.—

21 (I) IN GENERAL.—Implementa22 tion of the remaining downstream ele23 ments authorized pursuant to subpara24 graph (A) may be undertaken only

25 after the Secretary, in consultation
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1 with affected Federal, State, regional,

2 and local entities, has reviewed the ele3 ments to determine if modifications are

4 necessary to address changes in the hy5 drologic conditions, any other changed

6 conditions in the project area that have

7 occurred since completion of the report

8 referred to in subparagraph (A) and

9 any design modifications for the Fol10 som Dam and Reservoir made by the

11 Secretary in implementing the meas12 ures referred to in clause (ii), and has

13 issued a report on the review.

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

16 in accordance with the economic and

17 environmental principles and guide18 lines for water and related land re19 sources implementation studies, and no

20 construction may be initiated unless

21 the Secretary determines that the re22 maining downstream elements are

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

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

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

6 Flood Prevention Act (16 U.S.C. 1005), substantially

7 in accordance with the requirements of local coopera8 tion as specified in section 4 of that Act (16 U.S.C.

9 1004) at a total cost of $45,000,000, with an esti10 mated Federal cost of $21,800,000 and an estimated

11 non-Federal cost of $23,200,000.

12 (6) SOUTH SACRAMENTO COUNTY STREAMS,

13 CALIFORNIA.—The project for flood control, environ14 mental restoration, and recreation, South Sacramento

15 County streams, California: Report of the Chief of

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

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

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

19 $24,300,000.

20 (7) UPPER GUADALUPE RIVER, CALIFORNIA.—

21 Construction of the locally preferred plan for flood

22 damage reduction and recreation, Upper Guadalupe

23 River, California, described as the Bypass Channel

24 Plan of the Chief of Engineers dated August 19, 1998,

25 at a total cost of $137,600,000, with an estimated
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1 Federal cost of $44,000,000 and an estimated non2 Federal cost of $93,600,000.

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

4 project for flood damage reduction, Yuba River Basin,

5 California: Report of the Chief of Engineers dated No6 vember 25, 1998, at a total cost of $26,600,000, with

7 an estimated Federal cost of $17,350,000 and an esti8 mated non-Federal cost of $9,250,000.

9 (9) DELAWARE BAY COASTLINE: DELAWARE AND

10 NEW JERSEY-BROADKILL BEACH, DELAWARE.—

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

12 and storm damage reduction and shore protec13 tion, Delaware Bay coastline: Delaware and New

14 Jersey-Broadkill Beach, Delaware, Report of the

15 Chief of Engineers dated August 17, 1998, at a

16 total cost of $9,049,000, with an estimated Fed17 eral cost of $5,674,000 and an estimated non18 Federal cost of $3,375,000.

19 (B) PERIODIC NOURISHMENT.—Periodic

20 nourishment is authorized for a 50-year period

21 at an estimated average annual cost of $538,200,

22 with an estimated annual Federal cost of

23 $349,800 and an estimated annual non-Federal

24 cost of $188,400.
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1 (10) DELAWARE BAY COASTLINE: DELAWARE AND

2 NEW JERSEY-PORT MAHON, DELAWARE.—

3 (A) IN GENERAL.—The project for ecosystem

4 restoration and shore protection, Delaware Bay

5 coastline: Delaware and New Jersey-Port Mahon,

6 Delaware: Report of the Chief of Engineers dated

7 September 28, 1998, at a total cost of

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

9 $4,969,000 and an estimated non-Federal cost of

10 $2,675,000.

11 (B) PERIODIC NOURISHMENT.—Periodic

12 nourishment is authorized for a 50-year period

13 at an estimated average annual cost of $234,000,

14 with an estimated annual Federal cost of

15 $152,000 and an estimated annual non-Federal

16 cost of $82,000.

17 (11) HILLSBORO AND OKEECHOBEE AQUIFER

18 STORAGE AND RECOVERY PROJECT, FLORIDA.—The

19 project for aquifer storage and recovery described in

20 the Corps of Engineers Central and Southern Florida

21 Water Supply Study, Florida, dated April 1989, and

22 in House Document 369, dated July 30, 1968, at a

23 total cost of $27,000,000, with an estimated Federal

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

25 of $13,500,000.
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1 (12) INDIAN RIVER COUNTY, FLORIDA.—Notwith2 standing section 1001(a) of the Water Resources De3 velopment Act of 1986 (33 U.S.C. 579a(a)), the

4 project for shoreline protection, Indian River County,

5 Florida, authorized by section 501(a) of that Act (100

6 Stat. 4134), shall remain authorized for construction

7 through December 31, 2002.

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

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

10 protection at Lido Key Beach, Sarasota, Florida,

11 authorized by section 101 of the River and Har12 bor Act of 1970 (84 Stat. 1819) and deauthorized

13 by operation of section 1001(b) of the Water Re14 sources Development Act of 1986 (33 U.S.C.

15 579a(b)), is authorized to be carried out by the

16 Secretary at a total cost of $5,200,000, with an

17 estimated Federal cost of $3,380,000 and an esti18 mated non-Federal cost of $1,820,000.

19 (B) PERIODIC NOURISHMENT.—Periodic

20 nourishment is authorized for a 50-year period

21 at an estimated average annual cost of $602,000,

22 with an estimated annual Federal cost of

23 $391,000 and an estimated annual non-Federal

24 cost of $211,000.
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1 (14) TAMPA HARBOR-BIG BEND CHANNEL, FLOR2 IDA.—The project for navigation, Tampa Harbor-Big

3 Bend Channel, Florida: Report of the Chief of Engi4 neers dated October 13, 1998, at a total cost of

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

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

7 $6,121,000.

8 (15) BRUNSWICK HARBOR, GEORGIA.—The

9 project for navigation, Brunswick Harbor, Georgia:

10 Report of the Chief of Engineers dated October 6,

11 1998, at a total cost of $50,717,000, with an esti12 mated Federal cost of $32,966,000 and an estimated

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

14 (16) BEARGRASS CREEK, KENTUCKY.—The

15 project for flood damage reduction, Beargrass Creek,

16 Kentucky: Report of the Chief of Engineers dated May

17 12, 1998, at a total cost of $11,172,000, with an esti18 mated Federal cost of $7,262,000 and an estimated

19 non-Federal cost of $3,910,000.

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

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

24 Baton Rouge Parish Watershed: Report of the Chief of

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

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

3 $39,500,000.

4 (18) BALTIMORE HARBOR ANCHORAGES AND

5 CHANNELS, MARYLAND AND VIRGINIA.—The project for

6 navigation, Baltimore Harbor Anchorages and Chan7 nels, Maryland and Virginia: Report of the Chief of

8 Engineers, dated June 8, 1998, at a total cost of

9 $28,430,000, with an estimated Federal cost of

10 $19,000,000 and an estimated non-Federal cost of

11 $9,430,000.

12 (19) RED LAKE RIVER AT CROOKSTON, MIN13 NESOTA.—The project for flood damage reduction,

14 Red Lake River at Crookston, Minnesota: Report of

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

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

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

18 of $3,230,000.

19 (20) NEW JERSEY SHORE PROTECTION, TOWN20 SENDS INLET TO CAPE MAY INLET, NEW JERSEY.—

21 (A) IN GENERAL.—The project for hurricane

22 and storm damage reduction, ecosystem restora23 tion, and shore protection, New Jersey coastline,

24 Townsends Inlet to Cape May Inlet, New Jersey:

25 Report of the Chief of Engineers dated September
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1 28, 1998, at a total cost of $56,503,000, with an

2 estimated Federal cost of $36,727,000 and an es3 timated non-Federal cost of $19,776,000.

4 (B) PERIODIC NOURISHMENT.—Periodic

5 nourishment is authorized for a 50-year period

6 at an estimated average annual cost of

7 $2,000,000, with an estimated annual Federal

8 cost of $1,300,000 and an estimated annual non9 Federal cost of $700,000.

10 (21) PARK RIVER, NORTH DAKOTA.—

11 (A) IN GENERAL.—Subject to the condition

12 stated in subparagraph (B), the project for flood

13 control, Park River, Grafton, North Dakota, au14 thorized by section 401(a) of the Water Resources

15 Development Act of 1986 (100 Stat. 4121) and

16 deauthorized under section 1001(a) of the Water

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

18 579a), at a total cost of $28,100,000, with an es19 timated Federal cost of $18,265,000 and an esti20 mated non-Federal cost of $9,835,000.

21 (B) CONDITION.—No construction may be

22 initiated unless the Secretary determines through

23 a general reevaluation report using current data,

24 that the project is technically sound, environ25 mentally acceptable, and economically justified.
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1 (22) SALT CREEK, GRAHAM, TEXAS.—The project

2 for flood control, environmental restoration, and

3 recreation, Salt Creek, Graham, Texas: Report of the

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

5 cost of $10,080,000, with an estimated Federal cost of

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

7 $3,520,000.

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

9 following projects for water resources development and con10 servation and other purposes are authorized to be carried

11 out by the Secretary substantially in accordance with the

12 plans, and subject to the conditions recommended in a final

13 report of the Chief of Engineers as approved by the Sec14 retary, if a favorable report of the Chief is completed not

15 later than December 31, 1999:

16 (1) NOME HARBOR IMPROVEMENTS, ALASKA.—

17 The project for navigation, Nome Harbor Improve18 ments, Alaska, at a total cost of $24,608,000, with an

19 estimated first Federal cost of $19,660,000 and an es20 timated first non-Federal cost of $4,948,000.

21 (2) SEWARD HARBOR, ALASKA.—The project for

22 navigation, Seward Harbor, Alaska, at a total cost of

23 $12,240,000, with an estimated first Federal cost of

24 $4,364,000 and an estimated first non-Federal cost of

25 $7,876,000.
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1 (3) HAMILTON AIRFIELD WETLAND RESTORA2 TION, CALIFORNIA.—The project for environmental

3 restoration at Hamilton Airfield, California, at a

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

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

6 of $13,800,000.

7 (4) OAKLAND, CALIFORNIA.—

8 (A) IN GENERAL.—The project for naviga9 tion and environmental restoration, Oakland,

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

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

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

13 (B) BERTHING AREAS AND OTHER LOCAL

14 SERVICE FACILITIES.—The non-Federal interests

15 shall provide berthing areas and other local serv16 ice facilities necessary for the project at an esti17 mated cost of $42,310,000.

18 (5) DELAWARE BAY COASTLINE: DELAWARE AND

19 NEW JERSEY-ROOSEVELT INLET-LEWES BEACH, DELA20 WARE.—

21 (A) IN GENERAL.—The project for naviga22 tion mitigation, shore protection, and hurricane

23 and storm damage reduction, Delaware Bay

24 coastline: Delaware and New Jersey-Roosevelt

25 Inlet-Lewes Beach, Delaware, at a total cost of
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1 $3,393,000, with an estimated Federal cost of

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

3 $773,000.

4 (B) PERIODIC NOURISHMENT.—Periodic

5 nourishment is authorized for a 50-year period

6 at an estimated average annual cost of $196,000,

7 with an estimated annual Federal cost of

8 $152,000 and an estimated annual non-Federal

9 cost of $44,000.

10 (6) DELAWARE COAST FROM CAPE HENELOPEN

11 TO FENWICK ISLAND, BETHANY BEACH/SOUTH BETH12 ANY BEACH, DELAWARE.—

13 (A) IN GENERAL.—The project for hurricane

14 and storm damage reduction and shore protec15 tion, Delaware Coast from Cape Henelopen to

16 Fenwick Island, Bethany Beach/South Bethany

17 Beach, Delaware, at a total cost of $22,205,000,

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

19 and an estimated non-Federal cost of $7,772,000.

20 (B) PERIODIC NOURISHMENT.—Periodic

21 nourishment is authorized for a 50-year period

22 at an estimated average annual cost of

23 $1,584,000, with an estimated annual Federal

24 cost of $1,030,000 and an estimated annual non25 Federal cost of $554,000.
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1 (7) JACKSONVILLE HARBOR, FLORIDA.—The

2 project for navigation, Jacksonville Harbor, Florida,

3 at a total cost of $26,116,000, with an estimated Fed4 eral cost of $9,129,000 and an estimated non-Federal

5 cost of $16,987,000.

6 (8) LITTLE TALBOT ISLAND, DUVAL COUNTY,

7 FLORIDA.—The project for hurricane and storm dam8 age prevention and shore protection, Little Talbot Is9 land, Duval County, Florida, at a total cost of

10 $5,915,000, with an estimated Federal cost of

11 $3,839,000 and an estimated non-Federal cost of

12 $2,076,000.

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

14 FLORIDA.—The project for navigation and recreation,

15 Ponce de Leon Inlet, Volusia County, Florida, at a

16 total cost of $5,454,000, with an estimated Federal

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

18 of $2,466,000.

19 (10) SAVANNAH HARBOR EXPANSION, GEOR20 GIA.—

21 (A) IN GENERAL.—Subject to subparagraph

22 (B), the Secretary may carry out the project for

23 navigation, Savannah Harbor expansion, Geor24 gia, substantially in accordance with the plans,

25 and subject to the conditions, recommended in a
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1 final report of the Chief of Engineers, with such

2 modifications as the Secretary deems appro3 priate, at a total cost of $230,174,000 (of which

4 amount a portion is authorized for implementa5 tion of the mitigation plan), with an estimated

6 Federal cost of $145,160,000 and an estimated

7 non-Federal cost of $85,014,000.

8 (B) CONDITIONS.—The project authorized

9 by subparagraph (A) may be carried out only

10 after—

11 (i) the Secretary, in consultation with

12 affected Federal, State, regional, and local

13 entities, has reviewed and approved an En14 vironmental Impact Statement that

15 includes—

16 (I) an analysis of the impacts of

17 project depth alternatives ranging from

18 42 feet through 48 feet; and

19 (II) a selected plan for navigation

20 and associated mitigation plan as re21 quired by section 906(a) of the Water

22 Resources Development Act of 1986 (33

23 U.S.C. 2283); and

24 (ii) the Secretary of the Interior, the

25 Secretary of Commerce, and the Adminis-
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1 trator of the Environmental Protection

2 Agency, with the Secretary, have approved

3 the selected plan and have determined that

4 the mitigation plan adequately addresses

5 the potential environmental impacts of the

6 project.

7 (C) MITIGATION REQUIREMENTS.—The

8 mitigation plan shall be implemented in advance

9 of or concurrently with construction of the

10 project.

11 (11) TURKEY CREEK BASIN, KANSAS CITY, MIS12 SOURI AND KANSAS CITY, KANSAS.—The project for

13 flood damage reduction, Turkey Creek Basin, Kansas

14 City, Missouri, and Kansas City, Kansas, at a total

15 cost of $42,875,000 with an estimated Federal cost of

16 $25,596,000 and an estimated non-Federal cost of

17 $17,279,000.

18 (12) DELAWARE BAY COASTLINE, OAKWOOD

19 BEACH, NEW JERSEY.—

20 (A) IN GENERAL.—The project for hurricane

21 and storm damage reduction, Delaware Bay

22 coastline, Oakwood Beach, New Jersey, at a total

23 cost of $3,380,000, with an estimated Federal

24 cost of $2,197,000 and an estimated non-Federal

25 cost of $1,183,000.
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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 $90,000,

4 with an estimated annual Federal cost of

5 $58,000 and an estimated annual non-Federal

6 cost of $32,000.

7 (13) DELAWARE BAY COASTLINE, REEDS BEACH

8 AND PIERCES POINT, NEW JERSEY.—The project for

9 environmental restoration, Delaware Bay coastline,

10 Reeds Beach and Pierces Point, New Jersey, at a

11 total cost of $4,057,000, with an estimated Federal

12 cost of $2,637,000 and an estimated non-Federal cost

13 of $1,420,000.

14 (14) DELAWARE BAY COASTLINE, VILLAS AND VI15 CINITY, NEW JERSEY.—The project for environmental

16 restoration, Delaware Bay coastline, Villas and vicin17 ity, New Jersey, at a total cost of $7,520,000, with an

18 estimated Federal cost of $4,888,000 and an estimated

19 non-Federal cost of $2,632,000.

20 (15) LOWER CAPE MAY MEADOWS, CAPE MAY

21 POINT, NEW JERSEY.—

22 (A) IN GENERAL.—The project for naviga23 tion mitigation, ecosystem restoration, shore pro24 tection, and hurricane and storm damage reduc25 tion, Lower Cape May Meadows, Cape May
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1 Point, New Jersey, at a total cost of $15,952,000,

2 with an estimated Federal cost of $12,118,000

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

4 (B) PERIODIC NOURISHMENT.—Periodic

5 nourishment is authorized for a 50-year period

6 at an estimated average annual cost of

7 $1,114,000, with an estimated annual Federal

8 cost of $897,000 and an estimated annual non9 Federal cost of $217,000.

10 (16) NEW JERSEY SHORE PROTECTION, BRIGAN11 TINE INLET TO GREAT EGG HARBOR, BRIGANTINE IS12 LAND, NEW JERSEY.—

13 (A) IN GENERAL.—The project for hurricane

14 and storm damage reduction and shore protec15 tion, New Jersey Shore protection, Brigantine

16 Inlet to Great Egg Harbor, Brigantine Island,

17 New Jersey, at a total cost of $4,970,000, with

18 an estimated Federal cost of $3,230,000 and an

19 estimated non-Federal cost 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 $465,000,

23 with an estimated annual Federal cost of

24 $302,000 and an estimated annual non-Federal

25 cost of $163,000.
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1 (17) COLUMBIA RIVER CHANNEL DEEPENING, OR2 EGON AND WASHINGTON.—

3 (A) IN GENERAL.—The project for naviga4 tion, Columbia River channel deepening, Oregon

5 and Washington, at a total cost of $182,423,000,

6 with an estimated Federal cost of $106,132,000

7 and an estimated non-Federal cost of

8 $76,291,000.

9 (B) BERTHING AREAS AND OTHER LOCAL

10 SERVICE FACILITIES.—The non-Federal interests

11 shall provide berthing areas and other local serv12 ice facilities necessary for the project at an esti13 mated cost of $1,200,000.

14 (18) MEMPHIS HARBOR, MEMPHIS, TEN15 NESSEE.—

16 (A) IN GENERAL.—Subject to subparagraph

17 (B), the project for navigation, Memphis Harbor,

18 Memphis, Tennessee, authorized by section

19 601(a) of the Water Resources Development Act

20 of 1986 (100 Stat. 4145) and deauthorized under

21 section 1001(a) of that Act (33 U.S.C. 579a(a))

22 is authorized to be carried out by the Secretary.

23 (B) CONDITION.—No construction may be

24 initiated unless the Secretary determines through

25 a general reevaluation report using current data,
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1 that the project is technically sound, environ2 mentally acceptable, and economically justified.

3 (19) JOHNSON CREEK, ARLINGTON, TEXAS.—The

4 project for flood damage reduction, environmental res5 toration, and recreation, Johnson Creek, Arlington,

6 Texas, at a total cost of $20,300,000, with an esti7 mated Federal cost of $12,000,000 and an estimated

8 non-Federal cost of $8,300,000.

9 (20) HOWARD HANSON DAM, WASHINGTON.—The

10 project for water supply and ecosystem restoration,

11 Howard Hanson Dam, Washington, at a total cost of

12 $75,600,000, with an estimated Federal cost of

13 $36,900,000 and an estimated non-Federal cost of

14 $38,700,000.

15 SEC. 102. PROJECT MODIFICATIONS.

16 (a) PROJECTS WITH REPORTS.—

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

18 project for flood control, San Lorenzo River, Cali19 fornia, authorized by section 101(a)(5) of the Water

20 Resources Development Act of 1996 (110 Stat. 3663),

21 is modified to authorize the Secretary to include as

22 a part of the project streambank erosion control meas23 ures to be undertaken substantially in accordance

24 with the report entitled ‘‘Bank Stabilization Concept,

25 Laurel Street Extension’’, dated April 23, 1998, at a
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1 total cost of $4,000,000, with an estimated Federal

2 cost of $2,600,000 and an estimated non-Federal cost

3 of $1,400,000.

4 (2) ST. JOHNS COUNTY SHORE PROTECTION,

5 FLORIDA.—

6 (A) IN GENERAL.—The project for hurricane

7 and storm damage reduction and shore protec8 tion, St. Johns County, Florida, authorized by

9 section 501(a) of the Water Resources Develop10 ment Act of 1986 (100 Stat. 4133) is modified

11 to authorize the Secretary to include navigation

12 mitigation as a purpose of the project in accord13 ance with the report of the Corps of Engineers

14 dated November 18, 1998, at a total cost of

15 $16,086,000, with an estimated Federal cost of

16 $12,949,000 and an estimated non-Federal cost

17 of $3,137,000.

18 (B) PERIODIC NOURISHMENT.—Periodic

19 nourishment is authorized for a 50-year period

20 at an estimated average annual cost of

21 $8,137,000, with an estimated annual Federal

22 cost of $6,550,000 and an estimated annual non23 Federal cost of $1,587,000.

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

25 The project for flood control, Wood River, Grand Is-
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1 land, Nebraska, authorized by section 101(a)(19) of

2 the Water Resources Development Act of 1996 (110

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

4 construct the project in accordance with the Corps of

5 Engineers report dated June 29, 1998, at a total cost

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

7 $9,730,000 and an estimated non-Federal cost of

8 $7,309,000.

9 (4) ABSECON ISLAND, NEW JERSEY.—The project

10 for Absecon Island, New Jersey, authorized by section

11 101(b)(13) of the Water Resources Development Act of

12 1996 (110 Stat. 3668) is amended to authorize the

13 Secretary to reimburse the non-Federal interests for

14 all work performed, consistent with the authorized

15 project.

16 (5) ARTHUR KILL, NEW YORK AND NEW JER17 SEY.—

18 (A) IN GENERAL.—The project for naviga19 tion, Arthur Kill, New York and New Jersey, au20 thorized by section 202(b) of the Water Resources

21 Development Act of 1986 (100 Stat. 4098) and

22 modified by section 301(b)(11) of the Water Re23 sources Development Act of 1996 (110 Stat.

24 3711), is further modified to authorize the Sec25 retary to construct the project at a total cost of
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1 $276,800,000, with an estimated Federal cost of

2 $183,200,000 and an estimated non-Federal cost

3 of $93,600,000.

4 (B) BERTHING AREAS AND OTHER LOCAL

5 SERVICE FACILITIES.—The non-Federal interests

6 shall provide berthing areas and other local serv7 ice facilities necessary for the project at an esti8 mated cost of $38,900,000.

9 (6) WAURIKA LAKE, OKLAHOMA, WATER CONVEY10 ANCE FACILITIES.—The requirement for the Waurika

11 Project Master Conservancy District to repay the

12 $2,900,000 in costs (including interest) resulting from

13 the October 1991 settlement of the claim of the Trav14 elers Insurance Company before the United States

15 Claims Court related to construction of the water con16 veyance facilities authorized by the first section of

17 Public Law 88–253 (77 Stat. 841) is waived.

18 (b) PROJECTS SUBJECT TO REPORTS.—The following

19 projects are modified as follows, except that no funds may

20 be obligated to carry out work under such modifications

21 until completion of a final report by the Chief of Engineers,

22 as approved by the Secretary, finding that such work is

23 technically sound, environmentally acceptable, and eco24 nomically justified, as applicable:
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1 (1) THORNTON RESERVOIR, COOK COUNTY, ILLI2 NOIS.—

3 (A) IN GENERAL.—The Thornton Reservoir

4 project, an element of the project for flood con5 trol, Chicagoland Underflow Plan, Illinois, au6 thorized by section 3(a)(5) of the Water Re7 sources Development Act of 1988 (102 Stat.

8 4013), is modified to authorize the Secretary to

9 include additional permanent flood control stor10 age attributable to the Natural Resources Con11 servation Service Thornton Reservoir (Structure

12 84), Little Calumet River Watershed, Illinois,

13 approved under the Watershed Protection and

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

15 (B) COST SHARING.—Costs for the Thornton

16 Reservoir project shall be shared in accordance

17 with section 103 of the Water Resources Develop18 ment Act of 1986 (33 U.S.C. 2213).

19 (C) TRANSITIONAL STORAGE.—The Sec20 retary of Agriculture may cooperate with non21 Federal interests to provide, on a transitional

22 basis, flood control storage for the Natural Re23 sources Conservation Service Thornton Reservoir

24 (Structure 84) project in the west lobe of the

25 Thornton quarry.
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1 (D) CREDITING.—The Secretary may credit

2 against the non-Federal share of the Thornton

3 Reservoir project all design and construction

4 costs incurred by the non-Federal interests before

5 the date of enactment of this Act.

6 (E) REEVALUATION REPORT.—The Sec7 retary shall determine the credits authorized by

8 subparagraph (D) that are integral to the Thorn9 ton Reservoir project and the current total

10 project costs based on a limited reevaluation re11 port.

12 (2) WELLS HARBOR, WELLS, MAINE.—

13 (A) IN GENERAL.—The project for naviga14 tion, Wells Harbor, Maine, authorized by section

15 101 of the River and Harbor Act of 1960 (74

16 Stat. 480), is modified to authorize the Secretary

17 to realign the channel and anchorage areas based

18 on a harbor design capacity of 150 craft.

19 (B) DEAUTHORIZATION OF CERTAIN POR20 TIONS.—The following portions of the project are

21 not authorized after the date of enactment of this

22 Act:

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

24 the boundaries of which begin at a point

25 with coordinates N177,992.00, E394,831.00,
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1 thence running south 83 degrees 58 minutes

2 14.8 seconds west 10.38 feet to a point

3 N177,990.91, E394,820.68, thence running

4 south 11 degrees 46 minutes 47.7 seconds

5 west 991.76 feet to a point N177,020.04,

6 E394,618.21, thence running south 78 de7 grees 13 minutes 45.7 seconds east 10.00 feet

8 to a point N177,018.00, E394,628.00, thence

9 running north 11 degrees 46 minutes 22.8

10 seconds east 994.93 feet to the point of ori11 gin.

12 (ii) The portion of the 6-foot anchorage

13 the boundaries of which begin at a point

14 with coordinates N177,778.07, E394,336.96,

15 thence running south 51 degrees 58 minutes

16 32.7 seconds west 15.49 feet to a point

17 N177,768.53, E394,324.76, thence running

18 south 11 degrees 46 minutes 26.5 seconds

19 west 672.87 feet to a point N177,109.82,

20 E394,187.46, thence running south 78 de21 grees 13 minutes 45.7 seconds east 10.00 feet

22 to a point N177,107.78, E394,197.25, thence

23 running north 11 degrees 46 minutes 25.4

24 seconds east 684.70 feet to the point of ori25 gin.
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1 (iii) The portion of the 10-foot settling

2 basin the boundaries of which begin at a

3 point with coordinates N177,107.78,

4 E394,197.25, thence running north 78 de5 grees 13 minutes 45.7 seconds west 10.00

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

7 thence running south 11 degrees 46 minutes

8 15.7 seconds west 300.00 feet to a point

9 N176,816.13, E394,126.26, thence running

10 south 78 degrees 12 minutes 21.4 seconds

11 east 9.98 feet to a point N176,814.09,

12 E394,136.03, thence running north 11 de13 grees 46 minutes 29.1 seconds east 300.00

14 feet to the point of origin.

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

16 basin the boundaries of which begin at a

17 point with coordinates N177,018.00,

18 E394,628.00, thence running north 78 de19 grees 13 minutes 45.7 seconds west 10.00

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

21 thence running south 11 degrees 46 minutes

22 44.0 seconds west 300.00 feet to a point

23 N176,726.36, E394,556.97, thence running

24 south 78 degrees 12 minutes 30.3 seconds

25 east 10.03 feet to a point N176,724.31,
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1 E394,566.79, thence running north 11 de2 grees 46 minutes 22.4 seconds east 300.00

3 feet to the point of origin.

4 (C) REDESIGNATIONS.—The following por5 tions of the project shall be redesignated as part

6 of the 6-foot anchorage:

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

8 the boundaries of which begin at a point

9 with coordinates N177,990.91, E394,820.68,

10 thence running south 83 degrees 58 minutes

11 40.8 seconds west 94.65 feet to a point

12 N177,980.98, E394,726.55, thence running

13 south 11 degrees 46 minutes 22.4 seconds

14 west 962.83 feet to a point N177,038.40,

15 E394,530.10, thence running south 78 de16 grees 13 minutes 45.7 seconds east 90.00 feet

17 to a point N177,020.04, E394,618.21, thence

18 running north 11 degrees 46 minutes 47.7

19 seconds east 991.76 feet to the point of ori20 gin.

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

22 harbor settling basin the boundaries of

23 which begin at a point with coordinates

24 N177,020.04, E394,618.21, thence running

25 north 78 degrees 13 minutes 30.5 seconds
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1 west 160.00 feet to a point N177,052.69,

2 E394,461.58, thence running south 11 de3 grees 46 minutes 45.4 seconds west 299.99

4 feet to a point N176,759.02, E394,400.34,

5 thence running south 78 degrees 13 minutes

6 17.9 seconds east 160 feet to a point

7 N176,726.36, E394,556.97, thence running

8 north 11 degrees 46 minutes 44.0 seconds

9 east 300.00 feet to the point of origin.

10 (iii) The portion of the 6-foot anchor11 age the boundaries of which begin at a

12 point with coordinates N178,102.26,

13 E394,751.83, thence running south 51 de14 grees 59 minutes 42.1 seconds west 526.51

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

16 thence running south 11 degrees 46 minutes

17 26.6 seconds west 511.83 feet to a point

18 N177,277.01, E394,232.52, thence running

19 south 78 degrees 13 minutes 17.9 seconds

20 east 80.00 feet to a point N177,260.68,

21 E394,310.84, thence running north 11 de22 grees 46 minutes 24.8 seconds east 482.54

23 feet to a point N177,733.07, E394,409.30,

24 thence running north 51 degrees 59 minutes

25 41.0 seconds east 402.63 feet to a point
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1 N177,980.98, E394,726.55, thence running

2 north 11 degrees 46 minutes 27.6 seconds

3 east 123.89 feet to the point of origin.

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

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

6 realigned to include the area located south of the

7 inner harbor settling basin in existence on the

8 date of enactment of this Act beginning at a

9 point with coordinates N176,726.36,

10 E394,556.97, thence running north 78 degrees 13

11 minutes 17.9 seconds west 160.00 feet to a point

12 N176,759.02, E394,400.34, thence running south

13 11 degrees 47 minutes 03.8 seconds west 45 feet

14 to a point N176,714.97, E394,391.15, thence

15 running south 78 degrees 13 minutes 17.9 sec16 onds 160.00 feet to a point N176,682.31,

17 E394,547.78, thence running north 11 degrees 47

18 minutes 03.8 seconds east 45 feet to the point of

19 origin.

20 (E) RELOCATION.—The Secretary may relo21 cate the settling basin feature of the project to the

22 outer harbor between the jetties.

23 (3) NEW YORK HARBOR AND ADJACENT CHAN24 NELS, PORT JERSEY, NEW JERSEY.—
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1 (A) IN GENERAL.—The project for naviga2 tion, New York Harbor and adjacent channels,

3 Port Jersey, New Jersey, authorized by section

4 201(b) of the Water Resources Development Act

5 of 1986 (100 Stat. 4091), is modified to author6 ize the Secretary to construct the project at a

7 total cost of $102,545,000, with an estimated

8 Federal cost of $76,909,000 and an estimated

9 non-Federal cost of $25,636,000.

10 (B) BERTHING AREAS AND OTHER LOCAL

11 FACILITIES.—The non-Federal interests shall

12 provide berthing areas and other local service fa13 cilities necessary for the project at an estimated

14 cost of $722,000.

15 (c) BEAVER LAKE, ARKANSAS, WATER SUPPLY STOR16 AGE REALLOCATION.—The Secretary shall reallocate ap17 proximately 31,000 additional acre-feet at Beaver Lake, Ar18 kansas, to water supply storage at no cost to the Beaver

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

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

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

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

23 MARYLAND.—The project for navigation, Baltimore Harbor

24 and Channels, Maryland, authorized by section 101 of the

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

2 S-turn as part of project maintenance.

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

5 and Flamingo Washes, Nevada, authorized by section

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

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

8 accelerate or modify construction of the project, in coopera9 tion with the Corps of Engineers, shall be considered to be

10 eligible for reimbursement by the Secretary.

11 (f) REDIVERSION PROJECT, COOPER RIVER, CHARLES12 TON HARBOR, SOUTH CAROLINA.—

13 (1) IN GENERAL.—The rediversion project, Coo14 per River, Charleston Harbor, South Carolina, au15 thorized by section 101 of the River and Harbor Act

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

17 Energy and Water Development Appropriations Act,

18 1992 (105 Stat. 517), is modified to authorize the

19 Secretary to pay the State of South Carolina not

20 more than $3,750,000, if the State enters into an

21 agreement with the Secretary providing that the State

22 shall perform all future operation of the St. Stephen,

23 South Carolina, fish lift (including associated studies

24 to assess the efficacy of the fish lift).
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1 (2) CONTENTS.—The agreement shall specify the

2 terms and conditions under which payment will be

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

4 Secretary to recover all or a portion of the payment

5 if the State suspends or terminates operation of the

6 fish lift or fails to perform the operation in a manner

7 satisfactory to the Secretary.

8 (3) MAINTENANCE.—Maintenance of the fish lift

9 shall remain a Federal responsibility.

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

11 project for flood control and navigation, Trinity River and

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

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

14 add environmental restoration as a project purpose.

15 (h) BEACH EROSION CONTROL AND HURRICANE PRO16 TECTION, VIRGINIA BEACH, VIRGINIA.—

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

18 that the Corps of Engineers does not receive appro19 priations sufficient to meet expected project expendi20 tures for that year, the Secretary shall accept from the

21 city of Virginia Beach, Virginia, for purposes of the

22 project for beach erosion control and hurricane protec23 tion, Virginia Beach, Virginia, authorized by section

24 501(a) of the Water Resources Development Act of
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1 1986 (100 Stat. 4136), such funds as the city may

2 advance for the project.

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

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

7 by Congress for river and harbor, flood control, shore

8 protection, and related projects.

9 (i) ELIZABETH RIVER, CHESAPEAKE, VIRGINIA.—Not10 withstanding any other provision of law, after the date of

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

12 not be obligated to make the annual cash contribution re13 quired under paragraph 1(9) of the Local Cooperation

14 Agreement dated December 12, 1978, between the Govern15 ment and the city for the project for navigation, southern

16 branch of Elizabeth River, Chesapeake, Virginia.

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

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

22 by the Secretary.

23 (k) MIAMI DADE AGRICULTURAL AND RURAL LAND

24 RETENTION PLAN AND SOUTH BISCAYNE, FLORIDA.—Sec25 tion 528(b)(3) of the Water Resources Development Act of
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•S 507 RS

1 1996 (110 Stat. 3768) is amended by adding at the end

2 the following:

3 ‘‘(D) CREDIT AND REIMBURSEMENT OF

4 PAST AND FUTURE ACTIVITIES.—The Secretary

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

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

10 meeting the requirements of subparagraph (A)

11 if—

12 ‘‘(i) the Secretary determines that—

13 ‘‘(I) the work performed by the

14 non-Federal sponsors will substantially

15 expedite completion of a critical res16 toration project; and

17 ‘‘(II) the work is necessary for a

18 critical restoration project; and

19 ‘‘(ii) the credit or reimbursement is

20 granted pursuant to a project-specific agree21 ment that prescribes the terms and condi22 tions of the credit or reimbursement.’’.

23 (l) LAKE MICHIGAN, ILLINOIS.—

24 (1) IN GENERAL.—The project for storm damage

25 reduction and shoreline protection, Lake Michigan, Il-
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1 linois, from Wilmette, Illinois, to the Illinois-Indiana

2 State line, authorized by section 101(a)(12) of the

3 Water Resources Development Act of 1996 (110 Stat.

4 3664), is modified to provide for reimbursement for

5 additional project work undertaken by the non-Fed6 eral interest.

7 (2) CREDIT OR REIMBURSEMENT.—The Sec8 retary shall credit or reimburse the non-Federal inter9 est for the Federal share of project costs incurred by

10 the non-Federal interest in designing, constructing, or

11 reconstructing reach 2F (700 feet south of Fullerton

12 Avenue and 500 feet north of Fullerton Avenue), reach

13 3M (Meigs Field), and segments 7 and 8 of reach 4

14 (43rd Street to 57th Street), if the non-Federal inter15 est carries out the work in accordance with plans ap16 proved by the Secretary, at an estimated total cost of

17 $83,300,000.

18 (3) REIMBURSEMENT.—The Secretary shall re19 imburse the non-Federal interest for the Federal share

20 of project costs incurred by the non-Federal interest

21 in reconstructing the revetment structures protecting

22 Solidarity Drive in Chicago, Illinois, before the sign23 ing of the project cooperation agreement, at an esti24 mated total cost of $7,600,000.
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1 (m) MEASUREMENTS OF LAKE MICHIGAN DIVER2 SIONS, ILLINOIS.—Section 1142(b) of the Water Resources

3 Development Act of 1986 (100 Stat. 4253) is amended by

4 striking ‘‘$250,000 per fiscal year for each fiscal year begin5 ning after September 30, 1986’’ and inserting ‘‘a total of

6 $1,250,000 for each of fiscal years 1999 through 2003’’.

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

8 The project for navigation at Dubuque, Iowa, authorized

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

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

11 wetland demonstration area of approximately 1.5 acres to

12 be developed and operated by the Dubuque County Histor13 ical Society or a successor nonprofit organization.

14 (o) LOUISIANA STATE PENITENTIARY LEVEE.—The

15 Secretary may credit against the non-Federal share work

16 performed in the project area of the Louisiana State Peni17 tentiary Levee, Mississippi River, Louisiana, authorized by

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

19 1986 (100 Stat. 4117).

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

21 environmental infrastructure, Jackson County, Mississippi,

22 authorized by section 219(c)(5) of the Water Resources De23 velopment Act of 1992 (106 Stat. 4835) and modified by

24 section 504 of the Water Resources Development Act of 1996

25 (110 Stat. 3757), is modified to direct the Secretary to pro-
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1 vide a credit, not to exceed $5,000,000, against the non2 Federal share of the cost of the project for the costs incurred

3 by the Jackson County Board of Supervisors since February

4 8, 1994, in constructing the project, if the Secretary deter5 mines that such costs are for work that the Secretary deter6 mines was compatible with and integral to the project.

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

8 CAROLINA.—

9 (1) IN GENERAL.—Except as otherwise provided

10 in this paragraph, the Secretary shall convey to the

11 State of South Carolina all right, title, and interest

12 of the United States in the parcels of land described

13 in subparagraph (B) that are currently being man14 aged by the South Carolina Department of Natural

15 Resources for fish and wildlife mitigation purposes

16 for the Richard B. Russell Dam and Lake, South

17 Carolina, project authorized by the Flood Control Act

18 of 1966 and modified by the Water Resources Devel19 opment Act of 1986.

20 (2) LAND DESCRIPTION.—

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

22 conveyed are described in Exhibits A, F, and H

23 of Army Lease No. DACW21–1–93–0910 and as24 sociated supplemental agreements or are des25 ignated in red in Exhibit A of Army License No.
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1 DACW21–3–85–1904, excluding all designated

2 parcels in the license that are below elevation

3 346 feet mean sea level or that are less than 300

4 feet measured horizontally from the top of the

5 power pool.

6 (B) MANAGEMENT OF EXCLUDED PAR7 CELS.—Management of the excluded parcels shall

8 continue in accordance with the terms of Army

9 License No. DACW21–3–85–1904 until the Sec10 retary and the State enter into an agreement

11 under subparagraph (F).

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

13 description of the land shall be determined by a

14 survey satisfactory to the Secretary, with the cost

15 of the survey borne by the State.

16 (3) COSTS OF CONVEYANCE.—The State shall be

17 responsible for all costs, including real estate trans18 action and environmental compliance costs, associated

19 with the conveyance.

20 (4) PERPETUAL STATUS.—

21 (A) IN GENERAL.—All land conveyed under

22 this paragraph shall be retained in public own23 ership and shall be managed in perpetuity for

24 fish and wildlife mitigation purposes in accord25 ance with a plan approved by the Secretary.
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1 (B) REVERSION.—If any parcel of land is

2 not managed for fish and wildlife mitigation

3 purposes in accordance with the plan, title to the

4 parcel shall revert to the United States.

5 (5) ADDITIONAL TERMS AND CONDITIONS.—The

6 Secretary may require such additional terms and

7 conditions in connection with the conveyance as the

8 Secretary considers appropriate to protect the inter9 ests of the United States.

10 (6) FISH AND WILDLIFE MITIGATION AGREE11 MENT.—

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

13 the State of South Carolina not more than

14 $4,850,000 subject to the Secretary and the State

15 entering into a binding agreement for the State

16 to manage for fish and wildlife mitigation pur17 poses in perpetuity the lands conveyed under this

18 paragraph and excluded parcels designated in

19 Exhibit A of Army License No. DACW21–3–85–

20 1904.

21 (B) FAILURE OF PERFORMANCE.—The

22 agreement shall specify the terms and conditions

23 under which payment will be made and the

24 rights of, and remedies available to, the Federal

25 Government to recover all or a portion of the
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1 payment if the State fails to manage any parcel

2 in a manner satisfactory to the Secretary.

3 (r) LAND CONVEYANCE, CLARKSTON, WASHINGTON.—

4 (1) IN GENERAL.—The Secretary shall convey to

5 the Port of Clarkston, Washington, all right, title, and

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

7 the land described in the Department of the Army

8 lease No. DACW68–1–97–22, consisting of approxi9 mately 31 acres, the exact boundaries of which shall

10 be determined by the Secretary and the Port of

11 Clarkston.

12 (2) ADDITIONAL LAND.—The Secretary may con13 vey to the Port of Clarkston, Washington, such addi14 tional land located in the vicinity of Clarkston, Wash15 ington, as the Secretary determines to be excess to the

16 needs of the Columbia River Project and appropriate

17 for conveyance.

18 (3) TERMS AND CONDITIONS.—The conveyances

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

20 to such terms and conditions as the Secretary deter21 mines to be necessary to protect the interests of the

22 United States, including a requirement that the Port

23 of Clarkston pay all administrative costs associated

24 with the conveyances, including the cost of land sur25 veys and appraisals and costs associated with compli-
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1 ance with applicable environmental laws (including

2 regulations).

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

4 be required to pay the fair market value, as deter5 mined by the Secretary, of any land conveyed pursu6 ant to paragraphs (1) and (2) that is not retained in

7 public ownership and used for public park or recre8 ation purposes, except that the Secretary shall have a

9 right of reverter to reclaim possession and title to any

10 such land.

11 (s) WHITE RIVER, INDIANA.—The project for flood con12 trol, Indianapolis on West Fork of the White River, Indi13 ana, authorized by section 5 of the Act entitled ‘‘An Act

14 authorizing the construction of certain public works on riv15 ers and harbors for flood control, and other purposes’’, ap16 proved June 22, 1936 (49 Stat. 1586, chapter 688), as

17 modified by section 323 of the Water Resources Development

18 Act of 1996 (110 Stat. 3716), is modified to authorize the

19 Secretary to undertake the riverfront alterations described

20 in the Central Indianapolis Waterfront Concept Plan, dated

21 February 1994, for the Canal Development (Upper Canal

22 feature) and the Beveridge Paper feature, at a total cost

23 not to exceed $25,000,000, of which $12,500,000 is the esti24 mated Federal cost and $12,500,000 is the estimated non25 Federal cost, except that no such alterations may be under-
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1 taken unless the Secretary determines that the alterations

2 authorized by this subsection, in combination with the al3 terations undertaken under section 323 of the Water Re4 sources Development Act of 1996 (110 Stat. 3716), are eco5 nomically justified.

6 (t) FOX POINT HURRICANE BARRIER, PROVIDENCE,

7 RHODE ISLAND.—The project for hurricane-flood protec8 tion, Fox Point, Providence, Rhode Island, authorized by

9 section 203 of the Flood Control Act of 1958 (72 Stat. 306)

10 is modified to direct the Secretary to undertake the nec11 essary repairs to the barrier, as identified in the Condition

12 Survey and Technical Assessment dated April 1998 with

13 Supplement dated August 1998, at a total cost of

14 $3,000,000, with an estimated Federal cost of $1,950,000

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

16 SEC. 103. PROJECT DEAUTHORIZATIONS.

17 (a) BRIDGEPORT HARBOR, CONNECTICUT.—The por18 tion of the project for navigation, Bridgeport Harbor, Con19 necticut, authorized by section 101 of the River and Harbor

20 Act of 1958 (72 Stat. 297), consisting of a 2.4-acre anchor21 age area 9 feet deep and an adjacent 0.60-acre anchorage

22 area 6 feet deep, located on the west side of Johnsons River,

23 Connecticut, is not authorized after the date of enactment

24 of this Act.

25 (b) BASS HARBOR, MAINE.—
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1 (1) DEAUTHORIZATION.—The portions of the

2 project for navigation, Bass Harbor, Maine, author3 ized on May 7, 1962, under section 107 of the River

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

5 paragraph (2) are not authorized after the date of en6 actment of this Act.

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

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

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

10 N149040.00, E538505.00, thence running eas11 terly about 50.00 feet along the northern limit of

12 the project to a point, N149061.55, E538550.11,

13 thence running southerly about 642.08 feet to a

14 point, N148477.64, E538817.18, thence running

15 southwesterly about 156.27 feet to a point on the

16 westerly limit of the project, N148348.50,

17 E538737.02, thence running northerly about

18 149.00 feet along the westerly limit of the project

19 to a bend in the project, N148489.22,

20 E538768.09, thence running northwesterly about

21 610.39 feet along the westerly limit of the project

22 to the point of origin.

23 (B) Beginning at a point on the westerly

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

25 thence running southeasterly about 91.92 feet to
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1 a point, N148041.43, E538739.07, thence run2 ning southerly about 65.00 feet to a point,

3 N147977.86, E538725.51, thence running south4 westerly about 91.92 feet to a point on the west5 erly limit of the project, N147927.84,

6 E538648.39, thence running northerly about

7 195.00 feet along the westerly limit of the project

8 to the point of origin.

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

10 navigation, Boothbay Harbor, Maine, authorized by the Act

11 of July 25, 1912 (37 Stat. 201, chapter 253), is not author12 ized after the date of enactment of this Act.

13 (d) EAST BOOTHBAY HARBOR, MAINE.—Section 364

14 of the Water Resources Development Act of 1996 (110 Stat.

15 3731) is amended by striking paragraph (9) and inserting

16 the following:

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

18 project for navigation, East Boothbay Harbor, Maine,

19 authorized by the first section of the Act entitled ‘An

20 Act making appropriations for the construction, re21 pair, and preservation of certain public works on riv22 ers and harbors, and for other purposes’, approved

23 June 25, 1910 (36 Stat. 657).’’.
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1 SEC. 104. STUDIES.

2 (a) CADDO LEVEE, RED RIVER BELOW DENISON DAM,

3 ARIZONA, LOUISIANA, OKLAHOMA, AND TEXAS.—The Sec4 retary shall conduct a study to determine the feasibility of

5 undertaking a project for flood control, Caddo Levee, Red

6 River Below Denison Dam, Arizona, Louisiana, Oklahoma,

7 and Texas, including incorporating the existing levee, along

8 Twelve Mile Bayou from its juncture with the existing Red

9 River Below Denison Dam Levee approximately 26 miles

10 upstream to its terminus at high ground in the vicinity

11 of Black Bayou, Louisiana.

12 (b) FIELDS LANDING CHANNEL, HUMBOLDT HARBOR,

13 CALIFORNIA.—The Secretary—

14 (1) shall conduct a study for the project for navi15 gation, Fields Landing Channel, Humboldt Harbor

16 and Bay, California, to a depth of minus 35 feet

17 (MLLW), and for that purpose may use any feasi18 bility report prepared by the non-Federal sponsor

19 under section 203 of the Water Resources Development

20 Act of 1986 (33 U.S.C. 2231) for which reimburse21 ment of the Federal share of the study is authorized

22 subject to the availability of appropriations; and

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

24 of the River and Harbor Act of 1960 (33 U.S.C. 577),

25 if the Secretary determines that the project is feasible.
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1 (c) STRAWBERRY CREEK, BERKELEY, CALIFORNIA.—

2 The Secretary shall conduct a study to determine the feasi3 bility of restoring Strawberry Creek, Berkeley, California,

4 and the Federal interest in environmental restoration, con5 servation of fish and wildlife resources, recreation, and

6 water quality.

7 (d) WEST SIDE STORM WATER RETENTION FACILITY,

8 CITY OF LANCASTER, CALIFORNIA.—The Secretary shall

9 conduct a study to determine the feasibility of undertaking

10 measures to construct the West Side Storm Water Retention

11 Facility in the city of Lancaster, California.

12 (e) APALACHICOLA RIVER, FLORIDA.—The Secretary

13 shall conduct a study for the purpose of identifying—

14 (1) alternatives for the management of material

15 dredged in connection with operation and mainte16 nance of the Apalachicola River Navigation Project;

17 and

18 (2) alternatives that reduce the requirements for

19 such dredging.

20 (f) BROWARD COUNTY, SAND BYPASSING AT PORT EV21 ERGLADES, FLORIDA.—The Secretary shall conduct a study

22 to determine the feasibility of constructing a sand bypass23 ing project at the Port Everglades Inlet, Florida.
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1 (g) CITY OF DESTIN-NORIEGA POINT BREAKWATER,

2 FLORIDA.—The Secretary shall conduct a study to deter3 mine the feasibility of—

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

5 a breakwater for Destin Harbor; and

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

7 Pass, Florida, navigation project.

8 (h) GATEWAY TRIANGLE REDEVELOPMENT AREA,

9 FLORIDA.—

10 (1) IN GENERAL.—The Secretary shall conduct a

11 study to determine the feasibility of undertaking

12 measures to reduce the flooding problems in the vicin13 ity of Gateway Triangle Redevelopment Area, Flor14 ida.

15 (2) STUDIES AND REPORTS.—The study shall in16 clude a review and consideration of studies and re17 ports completed by the non-Federal interests.

18 (i) CITY OF PLANT CITY, FLORIDA.—

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

20 study to determine the feasibility of a flood control

21 project in the city of Plant City, Florida.

22 (2) STUDIES AND REPORTS.—In conducting the

23 study, the Secretary shall review and consider studies

24 and reports completed by the non-Federal interests.
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1 (j) GOOSE CREEK WATERSHED, OAKLEY, IDAHO.—

2 The Secretary shall conduct a study to determine the feasi3 bility of undertaking flood damage reduction, water con4 servation, ground water recharge, ecosystem restoration,

5 and related purposes along the Goose Creek watershed near

6 Oakley, Idaho.

7 (k) LITTLE WOOD RIVER, GOODING, IDAHO.—The Sec8 retary shall conduct a study to determine the feasibility of

9 restoring and repairing the Lava Rock Little Wood River

10 Containment System to prevent flooding in the city of

11 Gooding, Idaho.

12 (l) SNAKE RIVER AND PAYETTE RIVER, IDAHO.—The

13 Secretary shall conduct a study to determine the feasibility

14 of a flood control project along the Snake River and Payette

15 River, in the vicinity of Payette, Idaho.

16 (m) ACADIANA NAVIGATION CHANNEL, LOUISIANA.—

17 The Secretary shall conduct a study to determine the feasi18 bility of assuming operations and maintenance for the

19 Acadiana Navigation Channel located in Iberia and

20 Vermillion Parishes, Louisiana.

21 (n) CAMERON PARISH WEST OF CALCASIEU RIVER,

22 LOUISIANA.—The Secretary shall conduct a study to deter23 mine the feasibility of a storm damage reduction and eco24 system restoration project for Cameron Parish west of

25 Calcasieu River, Louisiana.
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1 (o) BENEFICIAL USE OF DREDGED MATERIAL, COAST2 AL LOUISIANA.—The Secretary shall conduct a study to de3 termine the feasibility of using dredged material from

4 maintenance activities at Federal navigation projects in

5 coastal Louisiana to benefit coastal areas in the State.

6 (p) CONTRABAND BAYOU NAVIGATION CHANNEL, LOU7 ISIANA.—The Secretary shall conduct a study to determine

8 the feasibility of assuming the maintenance at Contraband

9 Bayou, Calcasieu River Ship Canal, Louisiana.

10 (q) GOLDEN MEADOW LOCK, LOUISIANA.—The Sec11 retary shall conduct a study to determine the feasibility of

12 converting the Golden Meadow floodgate into a navigation

13 lock to be included in the Larose to Golden Meadow Hurri14 cane Protection Project, Louisiana.

15 (r) GULF INTRACOASTAL WATERWAY ECOSYSTEM

16 PROTECTION, CHEF MENTEUR TO SABINE RIVER, LOU17 ISIANA.—

18 (1) IN GENERAL.—The Secretary shall conduct a

19 study to determine the feasibility of undertaking eco20 system restoration and protection measures along the

21 Gulf Intracoastal Waterway from Chef Menteur to

22 Sabine River, Louisiana.

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

24 shall address saltwater intrusion, tidal scour, erosion,
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1 and other water resources related problems in that

2 area.

3 (s) LAKE PONTCHARTRAIN, LOUISIANA, AND VICINITY,

4 ST. CHARLES PARISH PUMPS.—The Secretary shall con5 duct a study to determine the feasibility of modifying the

6 Lake Pontchartrain Hurricane Protection Project to in7 clude the St. Charles Parish Pumps and the modification

8 of the seawall fronting protection along Lake Pontchartrain

9 in Orleans Parish, from New Basin Canal on the west to

10 the Inner Harbor Navigation Canal on the east.

11 (t) LAKE PONTCHARTRAIN AND VICINITY SEAWALL

12 RESTORATION, LOUISIANA.—The Secretary shall conduct a

13 study to determine the feasibility of undertaking structural

14 modifications of that portion of the seawall fronting protec15 tion along the south shore of Lake Pontchartrain in Orleans

16 Parish, Louisiana, extending approximately 5 miles from

17 the new basin Canal on the west to the Inner Harbor Navi18 gation Canal on the east as a part of the Lake Pont19 chartrain and Vicinity Hurricane Protection Project, au20 thorized by section 204 of the Flood Control Act of 1965

21 (79 Stat. 1077).

22 (u) DETROIT RIVER, MICHIGAN, GREENWAY COR23 RIDOR STUDY.—

24 (1) IN GENERAL.—The Secretary shall conduct a

25 study to determine the feasibility of a project for
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1 shoreline protection, frontal erosion, and associated

2 purposes in the Detroit River shoreline area from the

3 Belle Isle Bridge to the Ambassador Bridge in De4 troit, Michigan.

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

6 the study, the Secretary shall review potential project

7 modifications to any existing Corps projects within

8 the same area.

9 (v) ST. CLAIR SHORES FLOOD CONTROL, MICHI10 GAN.—The Secretary shall conduct a study to determine the

11 feasibility of constructing a flood control project at St. Clair

12 Shores, Michigan.

13 (w) WOODTICK PENINSULA, MICHIGAN, AND TOLEDO

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

15 determine the feasibility of utilizing dredged material from

16 Toledo Harbor, Ohio, to provide erosion reduction, naviga17 tion, and ecosystem restoration at Woodtick Peninsula,

18 Michigan.

19 (x) TUNICA LAKE WEIR, MISSISSIPPI.—

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

21 study to determine the feasibility of constructing an

22 outlet weir at Tunica Lake, Tunica County, Mis23 sissippi, and Lee County, Arkansas, for the purpose

24 of stabilizing water levels in the Lake.
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1 (2) ECONOMIC ANALYSIS.—In carrying out the

2 study, the Secretary shall include as a part of the eco3 nomic analysis the benefits derived from recreation

4 uses at the Lake and economic benefits associated

5 with restoration of fish and wildlife habitat.

6 (y) PROTECTIVE FACILITIES FOR THE ST. LOUIS, MIS7 SOURI, RIVERFRONT AREA.—

8 (1) STUDY.—The Secretary shall conduct a study

9 to determine the optimal plan to protect facilities that

10 are located on the Mississippi River riverfront within

11 the boundaries of St. Louis, Missouri.

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

13 the Secretary shall—

14 (A) evaluate alternatives to offer safety and

15 security to facilities; and

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

17 evaluate the current situation, probable solu18 tions, and estimated costs.

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

20 Secretary shall submit to Congress a report on the re21 sults of the study.

22 (z) YELLOWSTONE RIVER, MONTANA.—

23 (1) STUDY.—The Secretary shall conduct a com24 prehensive study of the Yellowstone River from Gar25 diner, Montana to the confluence of the Missouri
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1 River to determine the hydrologic, biological, and so2 cioeconomic cumulative impacts on the river.

3 (2) CONSULTATION AND COORDINATION.—The

4 Secretary shall conduct the study in consultation with

5 the United States Fish and Wildlife Service, the

6 United States Geological Survey, and the Natural Re7 sources Conservation Service and with the full par8 ticipation of the State of Montana and tribal and

9 local entities, and provide for public participation.

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

11 date of enactment of this Act, the Secretary shall sub12 mit a report to Congress on the results of the study.

13 (aa) LAS VEGAS VALLEY, NEVADA.—

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

15 comprehensive study of water resources located in the

16 Las Vegas Valley, Nevada.

17 (2) OBJECTIVES.—The study shall identify prob18 lems and opportunities related to ecosystem restora19 tion, water quality, particularly the quality of surface

20 runoff, water supply, and flood control.

21 (bb) OSWEGO RIVER BASIN, NEW YORK.—The Sec22 retary shall conduct a study to determine the feasibility of

23 establishing a flood forecasting system within the Oswego

24 River basin, New York.
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1 (cc) PORT OF NEW YORK-NEW JERSEY NAVIGATION

2 STUDY AND ENVIRONMENTAL RESTORATION STUDY.—

3 (1) NAVIGATION STUDY.—The Secretary shall

4 conduct a comprehensive study of navigation needs at

5 the Port of New York-New Jersey (including the

6 South Brooklyn Marine and Red Hook Container

7 Terminals, Staten Island, and adjacent areas) to ad8 dress improvements, including deepening of existing

9 channels to depths of 50 feet or greater, that are re10 quired to provide economically efficient and environ11 mentally sound navigation to meet current and future

12 requirements.

13 (2) ENVIRONMENTAL RESTORATION STUDY.—The

14 Secretary, acting through the Chief of Engineers, shall

15 review the report of the Chief of Engineers on the New

16 York Harbor, printed in the House Management Plan

17 of the Harbor Estuary Program, and other pertinent

18 reports concerning the New York Harbor Region and

19 the Port of New York-New Jersey, to determine the

20 Federal interest in advancing harbor environmental

21 restoration.

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

23 from the ongoing navigation study for New York and

24 New Jersey Harbor to complete a reconnaissance re25 port for environmental restoration by December 31,
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1 1999. The navigation study to deepen New York and

2 New Jersey Harbor shall consider beneficial use of

3 dredged material.

4 (dd) BANK STABILIZATION, MISSOURI RIVER, NORTH

5 DAKOTA.—

6 (1) STUDY.—

7 (A) IN GENERAL.—The Secretary shall con8 duct a study to determine the feasibility of bank

9 stabilization on the Missouri River between the

10 Garrison Dam and Lake Oahe in 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 be15 tween 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 sta21 bilization measures between the Garrison

22 Dam and Lake Oahe on fish and wildlife

23 habitat and the potential impact of addi24 tional stabilization measures, including the
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1 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 organizations,

17 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 es4 timate of the date of completion.

5 (2) EFFECT ON EXISTING PROJECTS.—This sub6 section does not preclude the Secretary from estab7 lishing or carrying out a stabilization project that is

8 authorized by law.

9 (ee) 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 (ff) EAST LAKE, VERMILLION AND CHAGRIN, OHIO.—

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

15 study to determine the feasibility of undertaking flood

16 damage reduction at East Lake, Vermillion and Cha17 grin, Ohio.

18 (2) ICE RETENTION STRUCTURE.—In conducting

19 the study, the Secretary may consider construction of

20 an ice retention structure as a potential means of

21 providing flood damage reduction.

22 (gg) TOUSSAINT RIVER, CARROLL TOWNSHIP, OHIO.—

23 The Secretary shall conduct a study to determine the feasi24 bility of undertaking navigation improvements at Tous25 saint River, Carroll Township, Ohio.
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1 (hh) SANTEE DELTA WETLAND HABITAT, SOUTH

2 CAROLINA.—Not later than 18 months after the date of en3 actment of this Act, the Secretary shall complete a com4 prehensive study of the ecosystem in the Santee Delta focus

5 area of South Carolina to determine the feasibility of under6 taking measures to enhance the wetland habitat in the area.

7 (ii) WACCAMAW RIVER, SOUTH CAROLINA.—The Sec8 retary shall conduct a study to determine the feasibility of

9 a flood control project for the Waccamaw River in Horry

10 County, South Carolina.

11 (jj) UPPER SUSQUEHANNA-LACKAWANNA, PENNSYL12 VANIA, WATERSHED MANAGEMENT AND RESTORATION

13 STUDY.—

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

15 study to determine the feasibility of a comprehensive

16 flood plain management and watershed restoration

17 project for the Upper Susquehanna-Lackawanna Wa18 tershed, Pennsylvania.

19 (2) GEOGRAPHIC INFORMATION SYSTEM.—In

20 conducting the study, the Secretary shall use a geo21 graphic information system.

22 (3) PLANS.—The study shall formulate plans for

23 comprehensive flood plain management and environ24 mental restoration.
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1 (4) CREDITING.—Non-Federal interests may re2 ceive credit for in-kind services and materials that

3 contribute to the study. The Secretary may credit

4 non-Corps Federal assistance provided to the non5 Federal interest toward the non-Federal share of

6 study costs to the maximum extent authorized by law.

7 (kk) NIOBRARA RIVER AND MISSOURI RIVER SEDI8 MENTATION STUDY, SOUTH DAKOTA.—The Secretary shall

9 conduct a study of the Niobrara River watershed and the

10 operations of Fort Randall Dam and Gavins Point Dam

11 on the Missouri River to determine the feasibility of alle12 viating the bank erosion, sedimentation, and related prob13 lems in the lower Niobrara River and the Missouri River

14 below Fort Randall Dam.

15 (ll) SANTA CLARA RIVER, UTAH.—

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

17 study to determine the feasibility of undertaking

18 measures to alleviate damage caused by flooding, bank

19 erosion, and sedimentation along the watershed of the

20 Santa Clara River, Utah, above the Gunlock Res21 ervoir.

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

23 analysis of watershed conditions and water quality,

24 as related to flooding and bank erosion, along the
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1 Santa Clara River in the vicinity of the town of Gun2 lock, Utah.

3 (mm) AGAT SMALL BOAT HARBOR, GUAM.—The Sec4 retary shall conduct a study to determine the feasibility of

5 undertaking the repair and reconstruction of Agat Small

6 Boat Harbor, Guam, including the repair of existing shore

7 protection measures and construction or a revetment of the

8 breakwater seawall.

9 (nn) APRA HARBOR SEAWALL, GUAM.—The Secretary

10 shall conduct a study to determine the feasibility of under11 taking measures to repair, upgrade, and extend the seawall

12 protecting Apra Harbor, Guam, and to ensure continued

13 access to the harbor via Route 11B.

14 (oo) APRA HARBOR FUEL PIERS, GUAM.—The Sec15 retary shall conduct a study to determine the feasibility of

16 undertaking measures to upgrade the piers and fuel trans17 mission lines at the fuel piers in the Apra Harbor, Guam,

18 and measures to provide for erosion control and protection

19 against storm damage.

20 (pp) MAINTENANCE DREDGING OF HARBOR PIERS,

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

22 the feasibility of Federal maintenance of areas adjacent to

23 piers at harbors in Guam, including Apra Harbor, Agat

24 Harbor, and Agana Marina.

25 (qq) ALTERNATIVE WATER SOURCES STUDY.—
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1 (1) IN GENERAL.—The Administrator of the En2 vironmental Protection Agency shall conduct a study

3 of the water supply needs of States that are not cur4 rently eligible for assistance under title XVI of the

5 Reclamation Projects Authorization and Adjustment

6 Act of 1992 (43 U.S.C. 390h et seq.).

7 (2) REQUIREMENTS.—The study shall—

8 (A) identify the water supply needs (includ9 ing potable, commercial, industrial, recreational

10 and agricultural needs) of each State described

11 in paragraph (1) through 2020, making use of

12 such State, regional, and local plans, studies,

13 and reports as are available;

14 (B) evaluate the feasibility of various alter15 native water source technologies such as reuse

16 and reclamation of wastewater and stormwater

17 (including indirect potable reuse), aquifer stor18 age and recovery, and desalination to meet the

19 anticipated water supply needs of the States;

20 and

21 (C) assess how alternative water sources

22 technologies can be utilized to meet the identified

23 needs.
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1 (3) REPORT.—The Administrator shall report to

2 Congress on the results of the study not more than

3 180 days after the date of enactment of this Act.

4 TITLE II—GENERAL PROVISIONS

5 SEC. 201. FLOOD HAZARD MITIGATION AND RIVERINE ECO6 SYSTEM RESTORATION PROGRAM.

7 (a) IN GENERAL.—

8 (1) AUTHORIZATION.—The Secretary may carry

9 out a program to reduce flood hazards and restore the

10 natural functions and values of riverine ecosystems

11 throughout the United States.

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

13 Secretary shall conduct studies to identify appro14 priate flood damage reduction, conservation, and res15 toration measures and may design and implement

16 watershed management and restoration projects.

17 (3) PARTICIPATION.—The studies and projects

18 carried out under the program shall be conducted, to

19 the extent practicable, with the full participation of

20 the appropriate Federal agencies, including the De21 partment of Agriculture, the Federal Emergency Man22 agement Agency, the Department of the Interior, the

23 Environmental Protection Agency, and the Depart24 ment of Commerce.
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1 (4) NONSTRUCTURAL APPROACHES.—The studies

2 and projects shall, to the extent practicable, emphasize

3 nonstructural approaches to preventing or reducing

4 flood damages.

5 (b) COST-SHARING REQUIREMENTS.—

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

7 under subsection (a) shall be shared in accordance

8 with section 105 of the Water Resources Development

9 Act of 1986 (33 Stat. 2215).

10 (2) PROJECTS.—The non-Federal interests shall

11 pay 35 percent of the cost of any project carried out

12 under this section.

13 (3) IN-KIND CONTRIBUTIONS.—The non-Federal

14 interests shall provide all land, easements, rights-of15 way, dredged material disposal areas, and relocations

16 necessary for the projects. The value of the land, ease17 ments, rights-of-way, dredged material disposal areas,

18 and relocations shall be credited toward the payment

19 required under this subsection.

20 (4) RESPONSIBILITIES OF THE NON-FEDERAL IN21 TERESTS.—The non-Federal interests shall be respon22 sible for all costs associated with operating, maintain23 ing, replacing, repairing, and rehabilitating all

24 projects carried out under this section.

25 (c) PROJECT JUSTIFICATION.—
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1 (1) IN GENERAL.—The Secretary may implement

2 a project under this section if the Secretary deter3 mines that the project—

4 (A) will significantly reduce potential flood

5 damages;

6 (B) will improve the quality of the environ7 ment; and

8 (C) is justified considering all costs and

9 beneficial outputs of the project.

10 (2) SELECTION CRITERIA; POLICIES AND PROCE11 DURES.—Not later than 180 days after the date of en12 actment of this Act, the Secretary shall—

13 (A) develop criteria for selecting and rating

14 the projects to be carried out as part of the pro15 gram authorized by this section; and

16 (B) establish policies and procedures for

17 carrying out the studies and projects undertaken

18 under this section.

19 (d) REPORTING REQUIREMENT.—The Secretary may

20 not implement a project under this section until—

21 (1) the Secretary provides to the Committee on

22 Environment and Public Works of the Senate and the

23 Committee on Transportation and Infrastructure of

24 the House of Representatives a written notification
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1 describing the project and the determinations made

2 under subsection (c); and

3 (2) a period of 21 calendar days has expired fol4 lowing the date on which the notification was received

5 by the Committees.

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

7 the Secretary shall examine the potential for flood damage

8 reductions at appropriate locations, including—

9 (1) Le May, Missouri;

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

11 (3) Mill Creek, Cincinnati, Ohio;

12 (4) Tillamook County, Oregon;

13 (5) Willamette River basin, Oregon; and

14 (6) Providence County, Rhode Island.

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

16 $25,000,000 in Army Civil Works appropriations may be

17 expended on any single project undertaken under this sec18 tion.

19 (g) AUTHORIZATION OF APPROPRIATIONS.—

20 (1) IN GENERAL.—There is authorized to be ap21 propriated to carry out this section $75,000,000 for

22 the period of fiscal years 2000 and 2001.

23 (2) PROGRAM FUNDING LEVELS.—All studies

24 and projects undertaken under this authority from

25 Army Civil Works appropriations shall be fully fund-
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1 ed within the program funding levels provided in this

2 subsection.

3 SEC. 202. SHORE PROTECTION.

4 Section 103(d) of the Water Resources Development

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

6 (1) by striking ‘‘Costs of constructing’’ and in7 serting the following:

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

9 and

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

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

12 project authorized for construction after December 31,

13 1999, or for which a feasibility study is completed

14 after that date, the non-Federal cost of the periodic

15 nourishment of projects or measures for shore protec16 tion or beach erosion control shall be 50 percent, ex17 cept that—

18 ‘‘(A) all costs assigned to benefits to pri19 vately owned shores (where use of such shores is

20 limited to private interests) or to prevention of

21 losses of private land shall be borne by non-Fed22 eral interests; and

23 ‘‘(B) all costs assigned to the protection of

24 federally owned shores shall be borne by the

25 United States.’’.
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1 SEC. 203. SMALL FLOOD CONTROL AUTHORITY.

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

3 U.S.C. 701s) is amended—

4 (1) in the first sentence, by striking ‘‘construc5 tion of small projects’’ and inserting ‘‘implementation

6 of small structural and nonstructural projects’’; and

7 (2) in the third sentence, by striking

8 ‘‘$5,000,000’’ and inserting ‘‘$7,000,000’’.

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

10 AND DISSEMINATING INFORMATION ON

11 FLOODS AND FLOOD DAMAGES.

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

13 U.S.C. 709a(b)) is amended in the third sentence by insert14 ing before the period at the end the following: ‘‘, but the

15 Secretary of the Army may accept funds voluntarily con16 tributed by such entities for the purpose of expanding the

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

18 SEC. 205. AQUATIC ECOSYSTEM RESTORATION.

19 Section 206(c) of the Water Resources Development Act

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

21 (1) by striking ‘‘Construction’’ and inserting the

22 following:

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

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

25 ‘‘(2) NONPROFIT ENTITIES.—Notwithstanding

26 section 221 of the Flood Control Act of 1970 (42
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1 U.S.C. 1962d–5b), for any project carried out under

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

3 nonprofit entity, with the consent of the affected local

4 government.’’.

5 SEC. 206. BENEFICIAL USES OF DREDGED MATERIAL.

6 Section 204 of the Water Resources Development Act

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

8 the following:

9 ‘‘(g) NONPROFIT ENTITIES.—Notwithstanding section

10 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d–

11 5b), for any project carried out under this section, a non12 Federal interest may include a nonprofit entity, with the

13 consent of the affected local government.’’.

14 SEC. 207. VOLUNTARY CONTRIBUTIONS BY STATES AND PO15 LITICAL SUBDIVISIONS.

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

17 is amended by inserting ‘‘or environmental restoration’’

18 after ‘‘flood control’’.

19 SEC. 208. RECREATION USER FEES.

20 (a) WITHHOLDING OF AMOUNTS.—

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

22 through 2002, the Secretary may withhold from the

23 special account established under section 4(i)(1)(A) of

24 the Land and Water Conservation Fund Act of 1965

25 (16 U.S.C. 460l–6a(i)(1)(A)) 100 percent of the
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1 amount of receipts above a baseline of $34,000,000

2 per each fiscal year received from fees imposed at

3 recreation sites under the administrative jurisdiction

4 of the Department of the Army under section 4(b) of

5 that Act (16 U.S.C. 460l–6a(b)).

6 (2) USE.—The amounts withheld shall be re7 tained by the Secretary and shall be available, with8 out further Act of appropriation, for expenditure by

9 the Secretary in accordance with subsection (b).

10 (3) AVAILABILITY.—The amounts withheld shall

11 remain available until September 30, 2005.

12 (b) USE OF AMOUNTS WITHHELD.—In order to in13 crease the quality of the visitor experience at public rec14 reational areas and to enhance the protection of resources,

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

16 only for—

17 (1) repair and maintenance projects (including

18 projects relating to health and safety);

19 (2) interpretation;

20 (3) signage;

21 (4) habitat or facility enhancement;

22 (5) resource preservation;

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

24 (7) maintenance; and

25 (8) law enforcement related to public use.
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1 (c) AVAILABILITY.—Each amount withheld by the Sec2 retary shall be available for expenditure, without further

3 Act of appropriation, at the specific project from which the

4 amount, above baseline, is collected.

5 SEC. 209. WATER RESOURCES DEVELOPMENT STUDIES FOR

6 THE PACIFIC REGION.

7 Section 444 of the Water Resources Development Act

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

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

10 development (including navigation, flood damage reduction,

11 and environmental restoration)’’.

12 SEC. 210. MISSOURI AND MIDDLE MISSISSIPPI RIVERS EN13 HANCEMENT PROJECT.

14 (a) DEFINITIONS.—In this section:

15 (1) MIDDLE MISSISSIPPI RIVER.—The term

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

17 Mississippi River from the mouth of the Ohio River

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

19 of the Missouri River (river mile 195).

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

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

22 Missouri River (including reservoirs) from its con23 fluence with the Mississippi River at St. Louis, Mis24 souri, to its headwaters near Three Forks, Montana.
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1 (3) PROJECT.—The term ‘‘project’’ means the

2 project authorized by this section.

3 (b) PROTECTION AND ENHANCEMENT ACTIVITIES.—

4 (1) PLAN.—

5 (A) DEVELOPMENT.—Not later than 180

6 days after the date of enactment of this Act, the

7 Secretary shall develop a plan for a project to

8 protect and enhance fish and wildlife habitat of

9 the Missouri River and the middle Mississippi

10 River.

11 (B) ACTIVITIES.—

12 (i) IN GENERAL.—The plan shall pro13 vide for such activities as are necessary to

14 protect and enhance fish and wildlife habi15 tat without adversely affecting—

16 (I) the water-related needs of the

17 region surrounding the Missouri River

18 and the middle Mississippi River, in19 cluding flood control, navigation, recre20 ation, and enhancement of water sup21 ply; and

22 (II) private property rights.

23 (ii) REQUIRED ACTIVITIES.—The plan

24 shall include—
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1 (I) modification and improvement

2 of navigation training structures to

3 protect and enhance fish and wildlife

4 habitat;

5 (II) modification and creation of

6 side channels to protect and enhance

7 fish and wildlife habitat;

8 (III) restoration and creation of

9 island fish and wildlife habitat;

10 (IV) creation of riverine fish and

11 wildlife habitat;

12 (V) establishment of criteria for

13 prioritizing the type and sequencing of

14 activities based on cost-effectiveness

15 and likelihood of success; and

16 (VI) physical and biological moni17 toring for evaluating the success of the

18 project, to be performed by the River

19 Studies Center of the United States Ge20 ological Survey in Columbia, Missouri.

21 (2) IMPLEMENTATION OF ACTIVITIES.—

22 (A) IN GENERAL.—Using funds made avail23 able to carry out this section, the Secretary shall

24 carry out the activities described in the plan.
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1 (B) USE OF EXISTING AUTHORITY FOR

2 UNCONSTRUCTED FEATURES OF THE PROJECT.—

3 Using funds made available to the Secretary

4 under other law, the Secretary shall design and

5 construct any feature of the project that may be

6 carried out using the authority of the Secretary

7 to modify an authorized project, if the Secretary

8 determines that the design and construction

9 will—

10 (i) accelerate the completion of activi11 ties to protect and enhance fish and wildlife

12 habitat of the Missouri River or the middle

13 Mississippi River; and

14 (ii) be compatible with the project pur15 poses described in this section.

16 (c) INTEGRATION OF OTHER ACTIVITIES.—

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

18 described in subsection (b), the Secretary shall inte19 grate the activities with other Federal, State, and

20 tribal activities.

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

22 confers any new regulatory authority on any Federal

23 or non-Federal entity that carries out any activity

24 authorized by this section.
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1 (d) PUBLIC PARTICIPATION.—In developing and car2 rying out the plan and the activities described in subsection

3 (b), the Secretary shall provide for public review and com4 ment in accordance with applicable Federal law,

5 including—

6 (1) providing advance notice of meetings;

7 (2) providing adequate opportunity for public

8 input and comment;

9 (3) maintaining appropriate records; and

10 (4) compiling a record of the proceedings of

11 meetings.

12 (e) COMPLIANCE WITH APPLICABLE LAW.—In car13 rying out the activities described in subsections (b) and (c),

14 the Secretary shall comply with any applicable Federal

15 law, including the National Environmental Policy Act of

16 1969 (42 U.S.C. 4321 et seq.).

17 (f) COST SHARING.—

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

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

20 (2) FEDERAL SHARE.—The Federal share of the

21 cost of any 1 activity described in subsection (b) shall

22 not exceed $5,000,000.

23 (3) OPERATION AND MAINTENANCE.—The oper24 ation and maintenance of the project shall be a non25 Federal responsibility.
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1 (g) AUTHORIZATION OF APPROPRIATIONS.—There is

2 authorized to be appropriated to pay the Federal share of

3 the cost of carrying out activities under this section

4 $30,000,000 for the period of fiscal years 2000 and 2001.

5 SEC. 211. OUTER CONTINENTAL SHELF.

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

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

8 1337(k)(2)(B)) is amended in the second sentence by insert9 ing before the period at the end the following: ‘‘or any other

10 non-Federal interest subject to an agreement entered into

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

12 U.S.C. 1962d–5b)’’.

13 (b) REIMBURSEMENT FOR LOCAL INTERESTS.—Any

14 amounts paid by non-Federal interests for beach erosion

15 control, hurricane protection, shore protection, or storm

16 damage reduction projects as a result of an assessment

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

18 (43 U.S.C. 1337(k)) shall be fully reimbursed.

19 SEC. 212. ENVIRONMENTAL DREDGING.

20 Section 312(f) of the Water Resources Development Act

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

22 end the following:

23 ‘‘(6) Snake Creek, Bixby, Oklahoma.

24 ‘‘(7) Willamette River, Oregon.’’.
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1 SEC. 213. BENEFIT OF PRIMARY FLOOD DAMAGES AVOIDED

2 INCLUDED IN BENEFIT-COST ANALYSIS.

3 Section 308 of the Water Resources Development Act

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

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

6 ‘‘BENEFIT-COST ANALYSIS’’ and inserting ‘‘ELE7 MENTS EXCLUDED FROM COST-BENEFIT ANALYSIS’’;

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

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

10 (3) by inserting after subsection (a) the fol11 lowing:

12 ‘‘(b) ELEMENTS INCLUDED IN COST-BENEFIT ANAL13 YSIS.—The Secretary shall include primary flood damages

14 avoided in the benefit base for justifying Federal non15 structural flood damage reduction projects.’’; and

16 (4) in the first sentence of subsection (e) (as re17 designated by paragraph (2)), by striking ‘‘(b)’’ and

18 inserting ‘‘(d)’’.

19 SEC. 214. CONTROL OF AQUATIC PLANT GROWTH.

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

21 (33 U.S.C. 610(a)) is amended—

22 (1) by inserting ‘‘Arundo dona,’’ after ‘‘water23 hyacinth,’’; and

24 (2) by inserting ‘‘tarmarix’’ after ‘‘melaleuca’’.
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1 SEC. 215. ENVIRONMENTAL INFRASTRUCTURE.

2 Section 219(c) of the Water Resources Development Act

3 of 1992 (106 Stat. 4835) is amended by adding at the end

4 the following:

5 ‘‘(19) LAKE TAHOE, CALIFORNIA AND NEVADA.—

6 Regional water system for Lake Tahoe, California

7 and Nevada.

8 ‘‘(20) LANCASTER, CALIFORNIA.—Fox Field In9 dustrial Corridor water facilities, Lancaster, Cali10 fornia.

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

12 Valley recycled water project, San Ramon, Cali13 fornia.’’.

14 SEC. 216. WATERSHED MANAGEMENT, RESTORATION, AND

15 DEVELOPMENT.

16 Section 503 of the Water Resources Development Act

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

18 (1) in subsection (d)—

19 (A) by striking paragraph (10) and insert20 ing the following:

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

22 Georgia, and Lake Lanier of Forsyth and Hall Coun23 ties, Georgia.’’; and

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

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

26 ‘‘(15) Fresno Slough watershed, California.
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1 ‘‘(16) Hayward Marsh, Southern San Francisco

2 Bay watershed, California.

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

4 ‘‘(18) Lake Tahoe watershed, California and Ne5 vada.

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

7 ‘‘(20) Truckee River basin, Nevada.

8 ‘‘(21) Walker River basin, Nevada.

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

10 ‘‘(23) Catawba River watershed, North Caro11 lina.’’;

12 (2) by redesignating subsection (e) as subsection

13 (f); and

14 (3) by inserting after subsection (d) the fol15 lowing:

16 ‘‘(e) NONPROFIT ENTITIES.—Notwithstanding section

17 221(b) of the Flood Control Act of 1970 (42 U.S.C. 1962d–

18 5b(b)), for any project undertaken under this section, with

19 the consent of the affected local government, a non-Federal

20 interest may include a nonprofit entity.’’.

21 SEC. 217. LAKES PROGRAM.

22 Section 602(a) of the Water Resources Development

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

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

25 end;
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1 (2) in paragraph (16), by striking the period at

2 the end; and

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

4 ‘‘(17) Clear Lake, Lake County, California, re5 moval of silt and aquatic growth and development of

6 a sustainable weed and algae management program;

7 ‘‘(18) Flints Pond, Hollis, New Hampshire, re8 moval of excessive aquatic vegetation; and

9 ‘‘(19) Osgood Pond, Milford, New Hampshire, re10 moval of excessive aquatic vegetation.’’.

11 SEC. 218. SEDIMENTS DECONTAMINATION POLICY.

12 Section 405 of the Water Resources Development Act

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

14 amended—

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

16 following:

17 ‘‘(4) PRACTICAL END-USE PRODUCTS.—Tech18 nologies selected for demonstration at the pilot scale

19 shall result in practical end-use products.

20 ‘‘(5) ASSISTANCE BY THE SECRETARY.—The Sec21 retary shall assist the project to ensure expeditious

22 completion by providing sufficient quantities of con23 taminated dredged material to conduct the full-scale

24 demonstrations to stated capacity.’’; and
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1 (2) in subsection (c), by striking the first sen2 tence and inserting the following: ‘‘There is author3 ized to be appropriated to carry out this section a

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

5 technology commercialization, and the development of

6 full scale processing facilities within the New York/

7 New Jersey Harbor.’’.

8 SEC. 219. DISPOSAL OF DREDGED MATERIAL ON BEACHES.

9 (a) IN GENERAL.—Section 145 of the Water Resources

10 Development Act of 1976 (33 U.S.C. 426j) is amended in

11 the first sentence by striking ‘‘50’’ and inserting ‘‘35’’.

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

13 with the State of Ohio, other Great Lakes States, and polit14 ical subdivisions of the States to fully implement and maxi15 mize beneficial reuse of dredged material as provided under

16 section 145 of the Water Resources Development Act of 1976

17 (33 U.S.C. 426j).

18 SEC. 220. FISH AND WILDLIFE MITIGATION.

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

20 of 1986 (33 U.S.C. 2283(e)) is amended by inserting after

21 the second sentence the following: ‘‘Not more than 80 percent

22 of the non-Federal share of such first costs may be in kind,

23 including a facility, supply, or service that is necessary to

24 carry out the enhancement project.’’.
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1 SEC. 221. REIMBURSEMENT OF NON-FEDERAL INTEREST.

2 Section 211(e)(2)(A) of the Water Resources Develop3 ment Act of 1996 (33 U.S.C. 701b–13(e)(2)(A)) is amended

4 by striking ‘‘subject to amounts being made available in

5 advance in appropriations Acts’’ and inserting ‘‘subject to

6 the availability of appropriations’’.

7 SEC. 222. NATIONAL CONTAMINATED SEDIMENT TASK

8 FORCE.

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

10 term ‘‘Task Force’’ means the National Contaminated Sedi11 ment Task Force established by section 502 of the National

12 Contaminated Sediment Assessment and Management Act

13 (33 U.S.C. 1271 note; Public Law 102–580).

14 (b) CONVENING.—The Secretary and the Adminis15 trator shall convene the Task Force not later than 90 days

16 after the date of enactment of this Act.

17 (c) REPORTING ON REMEDIAL ACTION.—

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

19 the date of enactment of this Act, the Task Force shall

20 submit to Congress a report on the status of remedial

21 actions at aquatic sites in the areas described in

22 paragraph (2).

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

24 shall address remedial actions in—

25 (A) areas of probable concern identified in

26 the survey of data regarding aquatic sediment
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1 quality required by section 503(a) of the Na2 tional Contaminated Sediment Assessment and

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

4 (B) areas of concern within the Great

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

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

7 1268(f));

8 (C) estuaries of national significance identi9 fied under section 320 of the Federal Water Pol10 lution Control Act (33 U.S.C. 1330);

11 (D) areas for which remedial action has

12 been authorized under any of the Water Re13 sources Development Acts; and

14 (E) as appropriate, any other areas where

15 sediment contamination is identified by the Task

16 Force.

17 (3) ACTIVITIES.—Remedial actions subject to re18 porting under this subsection include remedial actions

19 under—

20 (A) the Comprehensive Environmental Re21 sponse, Compensation, and Liability Act of 1980

22 (42 U.S.C. 9601 et seq.) or other Federal or

23 State law containing environmental remediation

24 authority;
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1 (B) any of the Water Resources Develop2 ment Acts;

3 (C) section 404 of the Federal Water Pollu4 tion Control Act (33 U.S.C. 1344); or

5 (D) section 10 of the Act of March 3, 1899

6 (30 Stat. 1151, chapter 425).

7 (4) CONTENTS.—The report under paragraph (1)

8 shall provide, with respect to each remedial action de9 scribed in the report, a description of—

10 (A) the authorities and sources of funding

11 for conducting the remedial action;

12 (B) the nature and sources of the sediment

13 contamination, including volume and concentra14 tion, where appropriate;

15 (C) the testing conducted to determine the

16 nature and extent of sediment contamination

17 and to determine whether the remedial action is

18 necessary;

19 (D) the action levels or other factors used to

20 determine that the remedial action is necessary;

21 (E) the nature of the remedial action

22 planned or undertaken, including the levels of

23 protection of public health and the environment

24 to be achieved by the remedial action;
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1 (F) the ultimate disposition of any material

2 dredged as part of the remedial action;

3 (G) the status of projects and the obstacles

4 or barriers to prompt conduct of the remedial ac5 tion; and

6 (H) contacts and sources of further informa7 tion concerning the remedial action.

8 SEC. 223. GREAT LAKES BASIN PROGRAM.

9 (a) STRATEGIC PLANS.—

10 (1) IN GENERAL.—Not later than 18 months

11 after the date of enactment of this Act, and every 2

12 years thereafter, the Secretary shall report to Congress

13 on a plan for programs of the Corps of Engineers in

14 the Great Lakes basin.

15 (2) CONTENTS.—The plan shall include details of

16 the projected environmental and navigational projects

17 in the Great Lakes basin, including—

18 (A) navigational maintenance and oper19 ations for commercial and recreational vessels;

20 (B) environmental restoration activities;

21 (C) water level maintenance activities;

22 (D) technical and planning assistance to

23 States and remedial action planning committees;
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1 (E) sediment transport analysis, sediment

2 management planning, and activities to support

3 prevention of excess sediment loadings;

4 (F) flood damage reduction and shoreline

5 erosion prevention;

6 (G) all other activities of the Corps of Engi7 neers; and

8 (H) an analysis of factors limiting use of

9 programs and authorities of the Corps of Engi10 neers in existence on the date of enactment of

11 this Act in the Great Lakes basin, including the

12 need for new or modified authorities.

13 (b) GREAT LAKES BIOHYDROLOGICAL INFORMA14 TION.—

15 (1) INVENTORY.—

16 (A) IN GENERAL.—Not later than 90 days

17 after the date of enactment of this Act, the Sec18 retary shall request each Federal agency that

19 may possess information relevant to the Great

20 Lakes biohydrological system to provide an in21 ventory of all such information in the possession

22 of the agency.

23 (B) RELEVANT INFORMATION.—For the pur24 pose of subparagraph (A), relevant information

25 includes information on—
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1 (i) ground and surface water hydrol2 ogy;

3 (ii) natural and altered tributary dy4 namics;

5 (iii) biological aspects of the system in6 fluenced by and influencing water quantity

7 and water movement;

8 (iv) meteorological projections and

9 weather impacts on Great Lakes water lev10 els; and

11 (v) other Great Lakes biohydrological

12 system data relevant to sustainable water

13 use management.

14 (2) REPORT.—

15 (A) IN GENERAL.—Not later than 18

16 months after the date of enactment of this Act,

17 the Secretary, in consultation with the States,

18 Indian tribes, and Federal agencies, and after

19 requesting information from the provinces and

20 the federal government of Canada, shall—

21 (i) compile the inventories of informa22 tion;

23 (ii) analyze the information for con24 sistency and gaps; and
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1 (iii) submit to Congress, the Inter2 national Joint Commission, and the Great

3 Lakes States a report that includes rec4 ommendations on ways to improve the in5 formation base on the biohydrological dy6 namics of the Great Lakes ecosystem as a

7 whole, so as to support environmentally

8 sound decisions regarding diversions and

9 consumptive uses of Great Lakes water.

10 (B) RECOMMENDATIONS.—The rec11 ommendations in the report under subparagraph

12 (A) shall include recommendations relating to

13 the resources and funds necessary for imple14 menting improvement of the information base.

15 (C) CONSIDERATIONS.—In developing the

16 report under subparagraph (A), the Secretary, in

17 cooperation with the Secretary of State, the Sec18 retary of Transportation, and other relevant

19 agencies as appropriate, shall consider and re20 port on the status of the issues described and rec21 ommendations made in—

22 (i) the Report of the International

23 Joint Commission to the Governments of the

24 United States and Canada under the 1977

25 reference issued in 1985; and
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1 (ii) the 1993 Report of the Inter2 national Joint Commission to the Govern3 ments of Canada and the United States on

4 Methods of Alleviating Adverse Consequences

5 of Fluctuating Water Levels in the Great

6 Lakes St. Lawrence Basin.

7 (c) GREAT LAKES RECREATIONAL BOATING.—Not

8 later than 18 months after the date of enactment of this

9 Act, the Secretary shall, using information and studies in

10 existence on the date of enactment of this Act to the max11 imum extent practicable, and in cooperation with the Great

12 Lakes States, submit to Congress a report detailing the eco13 nomic benefits of recreational boating in the Great Lakes

14 basin, particularly at harbors benefiting from operation

15 and maintenance projects of the Corps of Engineers.

16 (d) COOPERATION.—In undertaking activities under

17 this section, the Secretary shall—

18 (1) encourage public participation; and

19 (2) cooperate, and, as appropriate, collaborate,

20 with Great Lakes States, tribal governments, and Ca21 nadian federal, provincial, tribal governments.

22 (e) WATER USE ACTIVITIES AND POLICIES.—The Sec23 retary may provide technical assistance to the Great Lakes

24 States to develop interstate guidelines to improve the con-
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1 sistency and efficiency of State-level water use activities

2 and policies in the Great Lakes basin.

3 (f) COST SHARING.—The Secretary may seek and ac4 cept funds from non-Federal entities to be used to pay up

5 to 25 percent of the cost of carrying out subsections (b),

6 (c), (d), and (e).

7 SEC. 224. PROJECTS FOR IMPROVEMENT OF THE ENVIRON8 MENT.

9 Section 1135(c) of the Water Resources Development

10 Act of 1986 (33 U.S.C. 2309a(c)) is amended—

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

12 the following:

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

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

15 ‘‘(2) CONTROL OF SEA LAMPREY.—Congress finds

16 that—

17 ‘‘(A) the Great Lakes navigation system has

18 been instrumental in the spread of sea lamprey

19 and the associated impacts to its fishery; and

20 ‘‘(B) the use of the authority under this sub21 section for control of sea lamprey at any Great

22 Lakes basin location is appropriate.’’.
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1 SEC. 225. WATER QUALITY, ENVIRONMENTAL QUALITY,

2 RECREATION, FISH AND WILDLIFE, FLOOD

3 CONTROL, AND NAVIGATION.

4 (a) IN GENERAL.—The Secretary may investigate,

5 study, evaluate, and report on—

6 (1) water quality, environmental quality, recre7 ation, fish and wildlife, flood control, and navigation

8 in the western Lake Erie watershed, including the

9 watersheds of the Maumee River, Ottawa River, and

10 Portage River in the States of Indiana, Ohio, and

11 Michigan; and

12 (2) measures to improve water quality, environ13 mental quality, recreation, fish and wildlife, flood

14 control, and navigation in the western Lake Erie

15 basin.

16 (b) COOPERATION.—In carrying out studies and inves17 tigations under subsection (a), the Secretary shall cooperate

18 with Federal, State, and local agencies and nongovern19 mental organizations to ensure full consideration of all

20 views and requirements of all interrelated programs that

21 those agencies may develop independently or in coordina22 tion with the Corps of Engineers.

23 SEC. 226. IRRIGATION DIVERSION PROTECTION AND FISH24 ERIES ENHANCEMENT ASSISTANCE.

25 The Secretary may provide technical planning and de26 sign assistance to non-Federal interests and may conduct
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1 other site-specific studies to formulate and evaluate fish

2 screens, fish passages devices, and other measures to de3 crease the incidence of juvenile and adult fish inadvertently

4 entering into irrigation systems. Measures shall be devel5 oped in cooperation with Federal and State resource agen6 cies and not impair the continued withdrawal of water for

7 irrigation purposes. In providing such assistance priority

8 shall be given based on the objectives of the Endangered Spe9 cies Act, cost-effectiveness, and the potential for reducing

10 fish mortality. Non-Federal interests shall agree by contract

11 to contribute 50 percent of the cost of such assistance. Not

12 more than one-half of such non-Federal contribution may

13 be made by the provision of services, materials, supplies,

14 or other in-kind services. No construction activities are au15 thorized by this section. Not later than 2 years after the

16 date of enactment of this section, the Secretary shall report

17 to Congress on fish mortality caused by irrigation water

18 intake devices, appropriate measures to reduce mortality,

19 the extent to which such measures are currently being em20 ployed in the arid States, the construction costs associated

21 with such measures, and the appropriate Federal role, if

22 any, to encourage the use of such measures.
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1 SEC. 227. SMALL STORM DAMAGE REDUCTION PROJECTS.

2 Section 3 of the Act of August 13, 1946 (33 U.S.C.

3 426g), is amended by striking ‘‘$2,000,000’’ and inserting

4 ‘‘$3,000,000’’.

5 SEC. 228. SHORE DAMAGE PREVENTION OR MITIGATION.

6 Section 111 of the River and Harbor Act of 1968 (33

7 U.S.C. 426(i)) is amended—

8 (1) in the first sentence, by striking ‘‘The Sec9 retary’’ and inserting ‘‘(a) IN GENERAL.—The Sec10 retary’’;

11 (2) in the second sentence, by striking ‘‘The

12 costs’’ and inserting the following:

13 ‘‘(b) COST SHARING.—The costs’’;

14 (3) in the third sentence—

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

16 following:

17 ‘‘(c) REQUIREMENT FOR SPECIFIC AUTHORIZATION.—

18 No such’’; and

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

20 ‘‘$5,000,000’’; and

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

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

23 ‘‘(1) coordinate the implementation of the meas24 ures under this section with other Federal and non25 Federal shore protection projects in the same geo26 graphic area; and
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1 ‘‘(2) to the extent practicable, combine mitiga2 tion projects with other shore protection projects in

3 the same area into a comprehensive regional project.’’.

4 SEC. 229. ATLANTIC COAST OF NEW YORK.

5 Section 404(c) of the Water Resources Development Act

6 of 1992 (106 Stat. 4863) is amended by striking

7 ‘‘$1,400,000 for each of fiscal years 1993, 1994, 1995, 1996,

8 and 1997’’ and inserting ‘‘$2,500,000’’.

9 SEC. 230. ACCELERATED ADOPTION OF INNOVATIVE TECH10 NOLOGIES FOR CONTAMINATED SEDIMENTS.

11 Section 8 of the Water Resources Development Act of

12 1988 (33 U.S.C. 2314) is amended—

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

14 subsections (c) and (d), respectively; and

15 (2) by inserting after subsection (a) the fol16 lowing:

17 ‘‘(b) ACCELERATED ADOPTION OF INNOVATIVE TECH18 NOLOGIES FOR MANAGEMENT OF CONTAMINATED SEDI19 MENTS.—

20 ‘‘(1) TEST PROJECTS.—The Secretary shall ap21 prove an appropriate number of projects to test,

22 under actual field conditions, innovative technologies

23 for environmentally sound management of contami24 nated sediments.
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1 ‘‘(2) DEMONSTRATION PROJECTS.—The Sec2 retary may approve an appropriate number of

3 projects to demonstrate innovative technologies that

4 have been pilot tested under paragraph (1).

5 ‘‘(3) CONDUCT OF PROJECTS.—Each pilot project

6 under paragraph (1) and demonstration project

7 under paragraph (2) shall be conducted by a univer8 sity with proven expertise in the research and devel9 opment of contaminated sediment treatment tech10 nologies and innovative applications using waste ma11 terials.’’.

12 TITLE III—PROJECT-RELATED

13 PROVISIONS

14 SEC. 301. DREDGING OF SALT PONDS IN THE STATE OF

15 RHODE ISLAND.

16 The Secretary may acquire for the State of Rhode Is17 land a dredge and associated equipment with the capacity

18 to dredge approximately 100 cubic yards per hour for use

19 by the State in dredging salt ponds in the State.

20 SEC. 302. UPPER SUSQUEHANNA RIVER BASIN, PENNSYL21 VANIA AND NEW YORK.

22 Section 567(a) of the Water Resources Development

23 Act of 1996 (110 Stat. 3787) is amended by adding at the

24 end the following:
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1 ‘‘(3) The Chemung River watershed, New York,

2 at an estimated Federal cost of $5,000,000.’’.

3 SEC. 303. SMALL FLOOD CONTROL PROJECTS.

4 Section 102 of the Water Resources Development Act

5 of 1996 (110 Stat. 3668) is amended—

6 (1) by redesignating paragraphs (15) through

7 (22) as paragraphs (16) through (23), respectively;

8 (2) by inserting after paragraph (14) the fol9 lowing:

10 ‘‘(15) REPAUPO CREEK AND DELAWARE RIVER,

11 GLOUCESTER COUNTY, NEW JERSEY.—Project for

12 tidegate and levee improvements for Repaupo Creek

13 and the Delaware River, Gloucester County, New Jer14 sey.’’; and

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

16 ‘‘(24) IRONDEQUOIT CREEK, NEW YORK.—Project

17 for flood control, Irondequoit Creek watershed, New

18 York.

19 ‘‘(25) TIOGA COUNTY, PENNSYLVANIA.—Project

20 for flood control, Tioga River and Cowanesque River

21 and their tributaries, Tioga County, Pennsylvania.’’.

22 SEC. 304. SMALL NAVIGATION PROJECTS.

23 Section 104 of the Water Resources Development Act

24 of 1996 (110 Stat. 3669) is amended—
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1 (1) by redesignating paragraphs (9) through (12)

2 as paragraphs (11) through (14), respectively; and

3 (2) by inserting after paragraph (8) the fol4 lowing:

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

6 JERSEY.—Project for navigation for Fortescue Inlet,

7 Delaware Bay, New Jersey.

8 ‘‘(10) BRADDOCK BAY, GREECE, NEW YORK.—

9 Project for navigation, Braddock Bay, Greece, New

10 York.’’.

11 SEC. 305. STREAMBANK PROTECTION PROJECTS.

12 (a) ARCTIC OCEAN, BARROW, ALASKA.—The Secretary

13 shall evaluate and, if justified under section 14 of the Flood

14 Control Act of 1946 (33 U.S.C. 701r), carry out storm dam15 age reduction and coastal erosion measures at the town of

16 Barrow, Alaska.

17 (b) SAGINAW RIVER, BAY CITY, MICHIGAN.—The Sec18 retary may construct appropriate control structures in

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

20 Michigan, under authority of section 14 of the Flood Con21 trol Act of 1946 (33 Stat. 701r).

22 (c) YELLOWSTONE RIVER, BILLINGS, MONTANA.—The

23 streambank protection project at Coulson Park, along the

24 Yellowstone River, Billings, Montana, shall be eligible for
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1 assistance under section 14 of the Flood Control Act of 1946

2 (33 U.S.C. 701r).

3 (d) MONONGAHELA RIVER, POINT MARION, PENNSYL4 VANIA.—The Secretary shall evaluate and, if justified under

5 section 14 of the Flood Control Act of 1946 (33 U.S.C.

6 701r), carry out streambank erosion control measures along

7 the Monongahela River at the borough of Point Marion,

8 Pennsylvania.

9 SEC. 306. AQUATIC ECOSYSTEM RESTORATION, SPRING10 FIELD, OREGON.

11 Under section 206 of the Water Resources Development

12 Act of 1996 (33 U.S.C. 2330), the Secretary shall conduct

13 measures to address water quality, water flows, and fish

14 habitat restoration in the historic Springfield, Oregon, mill15 race through the reconfiguration of the existing millpond,

16 if the Secretary determines that harmful impacts have oc17 curred as the result of a previously constructed flood control

18 project by the Corps of Engineers.

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

20 The Secretary shall expeditiously complete the activi21 ties authorized under section 346 of the Water Resources

22 Development Act of 1992 (106 Stat. 4858), including activi23 ties associated with Sluice Creek in Guilford, Connecticut,

24 and Lighthouse Point Park in New Haven, Connecticut.
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1 SEC. 308. FRANCIS BLAND FLOODWAY DITCH.

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

3 Eight Mile Creek, Paragould, Arkansas, authorized by sec4 tion 401(a) of the Water Resources Development Act of 1986

5 (100 Stat. 4112) and known as ‘‘Eight Mile Creek,

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

7 the ‘‘Francis Bland Floodway Ditch’’.

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

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

10 United States to the project and creek referred to in sub11 section (a) shall be deemed to be a reference to the Francis

12 Bland Floodway Ditch.

13 SEC. 309. CALOOSAHATCHEE RIVER BASIN, FLORIDA.

14 Section 528(e)(4) of the Water Resources Development

15 Act of 1996 (110 Stat. 3770) is amended in the first sen16 tence by inserting before the period at the end the following:

17 ‘‘, including potential land acquisition in the

18 Caloosahatchee River basin or other areas’’.

19 SEC. 310. CUMBERLAND, MARYLAND, FLOOD PROJECT MITI20 GATION.

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

22 other purposes, Cumberland, Maryland, authorized by sec23 tion 5 of the Act of June 22, 1936 (commonly known as

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

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

26 as a separate part of the project, restoration of the historic
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1 Chesapeake and Ohio Canal substantially in accordance

2 with the Chesapeake and Ohio Canal National Historic

3 Park, Cumberland, Maryland, Rewatering Design Analysis,

4 dated February 1998, at a total cost of $15,000,000, with

5 an estimated Federal cost of $9,750,000 and an estimated

6 non-Federal cost of $5,250,000.

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

8 the restoration project under subsection (a)—

9 (1) may provide all or a portion of the non-Fed10 eral share of project costs in the form of in-kind serv11 ices; and

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

13 share of project costs for design and construction work

14 performed by the non-Federal interest before execution

15 of a project cooperation agreement and for land, ease16 ments, and rights-of-way required for the restoration

17 and acquired by the non-Federal interest before execu18 tion of such an agreement.

19 (c) OPERATION AND MAINTENANCE.—The operation

20 and maintenance of the restoration project under subsection

21 (a) shall be the full responsibility of the National Park

22 Service.

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

24 Section 5(b)(3)(C)(i) of the Act of August 13, 1946 (33

25 U.S.C. 426h), is amended by inserting before the semicolon
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1 the following: ‘‘, including the city of Miami Beach, Flor2 ida’’.

3 SEC. 312. SARDIS RESERVOIR, OKLAHOMA.

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

5 State of Oklahoma or an agent of the State an amount,

6 as determined under subsection (b), as prepayment of 100

7 percent of the water supply cost obligation of the State

8 under Contract No. DACW56–74–JC–0314 for water sup9 ply storage at Sardis Reservoir, Oklahoma.

10 (b) DETERMINATION OF AMOUNT.—The amount to be

11 paid by the State of Oklahoma under subsection (a) shall

12 be subject to adjustment in accordance with accepted dis13 count purchase methods for Government properties as deter14 mined by an independent accounting firm designated by

15 the Director of the Office of Management and Budget.

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

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

18 contract referred to in subsection (a).

19 SEC. 313. UPPER MISSISSIPPI RIVER AND ILLINOIS WATER20 WAY SYSTEM NAVIGATION MODERNIZATION.

21 (a) FINDINGS.—Congress finds that—

22 (1) exports are necessary to ensure job creation

23 and an improved standard of living for the people of

24 the United States;
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1 (2) the ability of producers of goods in the

2 United States to compete in the international market3 place depends on a modern and efficient transpor4 tation network;

5 (3) a modern and efficient waterway system is

6 a transportation option necessary to provide United

7 States shippers a safe, reliable, and competitive

8 means to win foreign markets in an increasingly

9 competitive international marketplace;

10 (4) the need to modernize is heightened because

11 the United States is at risk of losing its competitive

12 edge as a result of the priority that foreign competi13 tors are placing on modernizing their own waterway

14 systems;

15 (5) growing export demand projected over the

16 coming decades will force greater demands on the wa17 terway system of the United States and increase the

18 cost to the economy if the system proves inadequate

19 to satisfy growing export opportunities;

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

21 River and Illinois River waterway system were built

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

23 delays to commercial tows in the country;

24 (7) inland barges carry freight at the lowest unit

25 cost while offering an alternative to truck and rail
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1 transportation that is environmentally sound, is en2 ergy efficient, is safe, causes little congestion, produces

3 little air or noise pollution, and has minimal social

4 impact; and

5 (8) it should be the policy of the Corps of Engi6 neers to pursue aggressively modernization of the wa7 terway system authorized by Congress to promote the

8 relative competitive position of the United States in

9 the international marketplace.

10 (b) PRECONSTRUCTION ENGINEERING AND DESIGN.—

11 In accordance with the Upper Mississippi River-Illinois

12 Waterway System Navigation Study, the Secretary shall

13 proceed immediately to prepare engineering design, plans,

14 and specifications for extension of locks 20, 21, 22, 24, 25

15 on the Mississippi River and the LaGrange and Peoria

16 Locks on the Illinois River, to provide lock chambers 110

17 feet in width and 1,200 feet in length, so that construction

18 can proceed immediately upon completion of studies and

19 authorization of projects by Congress.

20 SEC. 314. UPPER MISSISSIPPI RIVER MANAGEMENT.

21 Section 1103 of the Water Resources Development Act

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

23 (1) in subsection (e)—
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1 (A) by striking ‘‘(e)’’ and all that follows

2 through the end of paragraph (2) and inserting

3 the following:

4 ‘‘(e) UNDERTAKINGS.—

5 ‘‘(1) IN GENERAL.—

6 ‘‘(A) AUTHORITY.—The Secretary, in con7 sultation with the Secretary of the Interior and

8 the States of Illinois, Iowa, Minnesota, Missouri,

9 and Wisconsin, is authorized to undertake—

10 ‘‘(i) a program for the planning, con11 struction, and evaluation of measures for

12 fish and wildlife habitat rehabilitation and

13 enhancement; and

14 ‘‘(ii) implementation of a program of

15 long-term resource monitoring, computer16 ized data inventory and analysis, and ap17 plied research.

18 ‘‘(B) REQUIREMENTS FOR PROJECTS.—

19 Each project carried out under subparagraph

20 (A)(i) shall—

21 ‘‘(i) to the maximum extent prac22 ticable, simulate natural river processes;

23 ‘‘(ii) include an outreach and edu24 cation component; and
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1 ‘‘(iii) on completion of the assessment

2 under subparagraph (D), address identified

3 habitat and natural resource needs.

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

5 out subparagraph (A), the Secretary shall create

6 an independent technical advisory committee to

7 review projects, monitoring plans, and habitat

8 and natural resource needs assessments.

9 ‘‘(D) HABITAT AND NATURAL RESOURCE

10 NEEDS ASSESSMENT.—

11 ‘‘(i) AUTHORITY.—The Secretary is

12 authorized to undertake a systemic, river

13 reach, and pool scale assessment of habitat

14 and natural resource needs to serve as a

15 blueprint to guide habitat rehabilitation

16 and long-term resource monitoring.

17 ‘‘(ii) DATA.—The habitat and natural

18 resource needs assessment shall, to the max19 imum extent practicable, use data in exist20 ence at the time of the assessment.

21 ‘‘(iii) TIMING.—The Secretary shall

22 complete a habitat and natural resource

23 needs assessment not later than 3 years

24 after the date of enactment of this subpara25 graph.
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1 ‘‘(2) REPORTS.—On December 31, 2005, in con2 sultation with the Secretary of the Interior and the

3 States of Illinois, Iowa, Minnesota, Missouri, and

4 Wisconsin, the Secretary shall prepare and submit to

5 Congress a report that—

6 ‘‘(A) contains an evaluation of the pro7 grams described in paragraph (1);

8 ‘‘(B) describes the accomplishments of each

9 program;

10 ‘‘(C) includes results of a habitat and nat11 ural resource needs assessment; and

12 ‘‘(D) identifies any needed adjustments in

13 the authorization under paragraph (1) or the au14 thorized appropriations under paragraphs (3),

15 (4), and (5).’’;

16 (B) in paragraph (3)—

17 (i) by striking ‘‘paragraph (1)(A)’’ and

18 inserting ‘‘paragraph (1)(A)(i)’’; and

19 (ii) by striking ‘‘Secretary not to ex20 ceed’’ and all that follows and inserting

21 ‘‘Secretary not to exceed $22,750,000 for

22 each of fiscal years 1999 through 2009.’’;

23 (C) in paragraph (4)—

24 (i) by striking ‘‘paragraph (1)(B)’’

25 and inserting ‘‘paragraph (1)(A)(ii)’’; and
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1 (ii) by striking ‘‘$7,680,000’’ and all

2 that follows and inserting ‘‘$10,420,000 for

3 each of fiscal years 1999 through 2009.’’;

4 (D) by striking paragraphs (5) and (6) and

5 inserting the following:

6 ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.—

7 There is authorized to be appropriated to carry out

8 paragraph (1)(C) not to exceed $350,000 for each of

9 fiscal years 1999 through 2009.

10 ‘‘(6) TRANSFER OF AMOUNTS.—

11 ‘‘(A) IN GENERAL.—For each fiscal year be12 ginning after September 30, 1992, the Secretary,

13 in consultation with the Secretary of the Interior

14 and the States of Illinois, Iowa, Minnesota, Mis15 souri, and Wisconsin, may transfer appropriated

16 amounts between the programs under clauses (i)

17 and (ii) of paragraph (1)(A) and paragraph

18 (1)(C).

19 ‘‘(B) APPORTIONMENT OF COSTS.—In car20 rying out paragraph (1)(D), the Secretary may

21 apportion the costs equally between the programs

22 authorized by paragraph (1)(A).’’; and

23 (E) in paragraph (7)—

24 (i) in subparagraph (A)—
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1 (I) by inserting ‘‘(i)’’ after ‘‘para2 graph (1)(A)’’; and

3 (II) by inserting before the period

4 at the end the following: ‘‘and, in the

5 case of any project requiring non-Fed6 eral cost sharing, the non-Federal share

7 of the cost of the project shall be 35

8 percent’’; and

9 (ii) in subparagraph (B), by striking

10 ‘‘paragraphs (1)(B) and (1)(C) of this sub11 section’’ and inserting ‘‘paragraph

12 (1)(A)(ii)’’;

13 (2) in subsection (f)(2)—

14 (A) in subparagraph (A), by striking ‘‘(A)’’;

15 and

16 (B) by striking subparagraph (B); and

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

18 ‘‘(k) ST. LOUIS AREA URBAN WILDLIFE HABITAT.—

19 The Secretary shall investigate and, if appropriate, carry

20 out restoration of urban wildlife habitat, with a special em21 phasis on the establishment of greenways in the St. Louis,

22 Missouri, area and surrounding communities.’’.
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1 SEC. 315. RESEARCH AND DEVELOPMENT PROGRAM FOR

2 COLUMBIA AND SNAKE RIVERS SALMON SUR3 VIVAL.

4 Section 511 of the Water Resources Development Act

5 of 1996 (16 U.S.C. 3301 note; Public Law 104–303) is

6 amended by striking subsection (a) and all that follows and

7 inserting the following:

8 ‘‘(a) SALMON SURVIVAL ACTIVITIES.—

9 ‘‘(1) IN GENERAL.—In conjunction with the Sec10 retary of Commerce and Secretary of the Interior, the

11 Secretary shall accelerate ongoing research and devel12 opment activities, and may carry out or participate

13 in additional research and development activities, for

14 the purpose of developing innovative methods and

15 technologies for improving the survival of salmon, es16 pecially salmon in the Columbia/Snake River Basin.

17 ‘‘(2) ACCELERATED ACTIVITIES.—Accelerated re18 search and development activities referred to in para19 graph (1) may include research and development re20 lated to—

21 ‘‘(A) impacts from water resources projects

22 and other impacts on salmon life cycles;

23 ‘‘(B) juvenile and adult salmon passage;

24 ‘‘(C) light and sound guidance systems;

25 ‘‘(D) surface-oriented collector systems;

26 ‘‘(E) transportation mechanisms; and
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1 ‘‘(F) dissolved gas monitoring and abate2 ment.

3 ‘‘(3) ADDITIONAL ACTIVITIES.—Additional re4 search and development activities referred to in para5 graph (1) may include research and development re6 lated to—

7 ‘‘(A) studies of juvenile salmon survival in

8 spawning and rearing areas;

9 ‘‘(B) estuary and near-ocean juvenile and

10 adult salmon survival;

11 ‘‘(C) impacts on salmon life cycles from

12 sources other than water resources projects;

13 ‘‘(D) cryopreservation of fish gametes and

14 formation of a germ plasm repository for threat15 ened and endangered populations of native fish;

16 and

17 ‘‘(E) other innovative technologies and ac18 tions intended to improve fish survival, includ19 ing the survival of resident fish.

20 ‘‘(4) COORDINATION.—The Secretary shall co21 ordinate any activities carried out under this sub22 section with appropriate Federal, State, and local

23 agencies, affected Indian tribes, and the Northwest

24 Power Planning Council.
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1 ‘‘(5) REPORT.—Not later than 3 years after the

2 date of enactment of this section, the Secretary shall

3 submit to Congress a report on the research and devel4 opment activities carried out under this subsection,

5 including any recommendations of the Secretary con6 cerning the research and development activities.

7 ‘‘(6) AUTHORIZATION OF APPROPRIATIONS.—

8 There is authorized to be appropriated $10,000,000 to

9 carry out research and development activities under

10 paragraph (3).

11 ‘‘(b) ADVANCED TURBINE DEVELOPMENT.—

12 ‘‘(1) IN GENERAL.—In conjunction with the Sec13 retary of Energy, the Secretary shall accelerate efforts

14 toward developing and installing in Corps of Engi15 neers-operated dams innovative, efficient, and envi16 ronmentally safe hydropower turbines, including de17 sign of fish-friendly turbines, for use on the Columbia/

18 Snake River hydrosystem.

19 ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.—

20 There is authorized to be appropriated $35,000,000 to

21 carry out this subsection.

22 ‘‘(c) MANAGEMENT OF PREDATION ON COLUMBIA/

23 SNAKE RIVER SYSTEM NATIVE FISHES.—

24 ‘‘(1) NESTING AVIAN PREDATORS.—In conjunc25 tion with the Secretary of Commerce and the Sec-
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1 retary of the Interior, and consistent with a manage2 ment plan to be developed by the United States Fish

3 and Wildlife Service, the Secretary shall carry out

4 methods to reduce nesting populations of avian preda5 tors on dredge spoil islands in the Columbia River

6 under the jurisdiction of the Secretary.

7 ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.—

8 There is authorized to be appropriated $1,000,000 to

9 carry out research and development activities under

10 this subsection.

11 ‘‘(d) IMPLEMENTATION.—Nothing in this section af12 fects the authority of the Secretary to implement the results

13 of the research and development carried out under this sec14 tion or any other law.’’.

15 SEC. 316. NINE MILE RUN HABITAT RESTORATION, PENN16 SYLVANIA.

17 The Secretary may credit against the non-Federal

18 share such costs as are incurred by the non-Federal interests

19 in preparing environmental and other preconstruction doc20 umentation for the habitat restoration project, Nine Mile

21 Run, Pennsylvania, if the Secretary determines that the

22 documentation is integral to the project.

23 SEC. 317. LARKSPUR FERRY CHANNEL, CALIFORNIA.

24 The Secretary shall work with the Secretary of Trans25 portation on a proposed solution to carry out the project
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1 to maintain the Larkspur Ferry Channel, Larkspur, Cali2 fornia, authorized by section 601(d) of the Water Resources

3 Development Act of 1986 (100 Stat. 4148).

4 SEC. 318. COMPREHENSIVE FLOOD IMPACT-RESPONSE

5 MODELING SYSTEM.

6 (a) IN GENERAL.—The Secretary may study and im7 plement a Comprehensive Flood Impact-Response Modeling

8 System for the Coralville Reservoir and the Iowa River wa9 tershed, Iowa.

10 (b) STUDY.—The study shall include—

11 (1) an evaluation of the combined hydrologic,

12 geomorphic, environmental, economic, social, and rec13 reational impacts of operating strategies within the

14 watershed;

15 (2) creation of an integrated, dynamic flood im16 pact model; and

17 (3) the development of a rapid response system

18 to be used during flood and emergency situations.

19 (c) REPORT TO CONGRESS.—Not later than 5 years

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

21 transmit a report to Congress on the results of the study

22 and modeling system and such recommendations as the Sec23 retary determines to be appropriate.
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1 (d) AUTHORIZATION OF APPROPRIATIONS.—There is

2 authorized to be appropriated a total of $2,250,000 to carry

3 out this section.

4 SEC. 319. STUDY REGARDING INNOVATIVE FINANCING FOR

5 SMALL AND MEDIUM-SIZED PORTS.

6 (a) STUDY.—The Comptroller General of the United

7 States shall conduct a study and analysis of various alter8 natives for innovative financing of future construction, op9 eration, and maintenance of projects in small and medium10 sized ports.

11 (b) REPORT.—Not later than 270 days after the date

12 of enactment of this Act, the Comptroller General shall sub13 mit to the Committee on Environment and Public Works

14 of the Senate and Committee on Transportation and Infra15 structure of the House of Representatives and the results

16 of the study and any related legislative recommendations

17 for consideration by Congress.

18 SEC. 320. CANDY LAKE PROJECT, OSAGE COUNTY, OKLA19 HOMA.

20 (a) DEFINITIONS.—In this section:

21 (1) FAIR MARKET VALUE.—The term ‘‘fair mar22 ket value’’ means the amount for which a willing

23 buyer would purchase and a willing seller would sell

24 a parcel of land, as determined by a qualified, inde25 pendent land appraiser.
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1 (2) PREVIOUS OWNER OF LAND.—The term ‘‘pre2 vious owner of land’’ means a person (including a

3 corporation) that conveyed, or a descendant of a de4 ceased individual who conveyed, land to the Corps of

5 Engineers for use in the Candy Lake project in Osage

6 County, Oklahoma.

7 (3) SECRETARY.—The term ‘‘Secretary’’ means

8 the Secretary of the Army.

9 (b) LAND CONVEYANCES.—

10 (1) IN GENERAL.—The Secretary shall convey, in

11 accordance with this section, all right, title, and in12 terest of the United States in and to the land ac13 quired by the United States for the Candy Lake

14 project in Osage County, Oklahoma.

15 (2) PREVIOUS OWNERS OF LAND.—

16 (A) IN GENERAL.—The Secretary shall give

17 a previous owner of land first option to purchase

18 the land described in paragraph (1).

19 (B) APPLICATION.—

20 (i) IN GENERAL.—A previous owner of

21 land that desires to purchase the land de22 scribed in paragraph (1) that was owned by

23 the previous owner of land, or by the indi24 vidual from whom the previous owner of

25 land is descended, shall file an application
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1 to purchase the land with the Secretary not

2 later than 180 days after the official date of

3 notice to the previous owner of land under

4 subsection (c).

5 (ii) FIRST TO FILE HAS FIRST OP6 TION.—If more than 1 application is filed

7 for a parcel of land described in paragraph

8 (1), first options to purchase the parcel of

9 land shall be allotted in the order in which

10 applications for the parcel of land were

11 filed.

12 (C) IDENTIFICATION OF PREVIOUS OWNERS

13 OF LAND.—As soon as practicable after the date

14 of enactment of this Act, the Secretary shall, to

15 the extent practicable, identify each previous

16 owner of land.

17 (D) CONSIDERATION.—Consideration for

18 land conveyed under this subsection shall be the

19 fair market value of the land.

20 (3) DISPOSAL.—Any land described in para21 graph (1) for which an application has not been filed

22 under paragraph (2)(B) within the applicable time

23 period shall be disposed of in accordance with law.

24 (4) EXTINGUISHMENT OF EASEMENTS.—All flow25 age easements acquired by the United States for use
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1 in the Candy Lake project in Osage County, Okla2 homa, are extinguished.

3 (c) NOTICE.—

4 (1) IN GENERAL.—The Secretary shall notify—

5 (A) each person identified as a previous

6 owner of land under subsection (b)(2)(C), not

7 later than 90 days after identification, by

8 United States mail; and

9 (B) the general public, not later than 90

10 days after the date of enactment of this Act, by

11 publication in the Federal Register.

12 (2) CONTENTS OF NOTICE.—Notice under this

13 subsection shall include—

14 (A) a copy of this section;

15 (B) information sufficient to separately

16 identify each parcel of land subject to this sec17 tion; and

18 (C) specification of the fair market value of

19 each parcel of land subject to this section.

20 (3) OFFICIAL DATE OF NOTICE.—The official

21 date of notice under this subsection shall be the later

22 of—

23 (A) the date on which actual notice is

24 mailed; or
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1 (B) the date of publication of the notice in

2 the Federal Register.

3 SEC. 321. SALCHA RIVER AND PILEDRIVER SLOUGH, FAIR4 BANKS, ALASKA.

5 The Secretary shall evaluate and, if justified under sec6 tion 205 of the Flood Control Act of 1948 (33 U.S.C. 701s),

7 carry out flood damage reduction measures along the lower

8 Salcha River and on Piledriver Slough, from its headwaters

9 at the mouth of the Salcha River to the Chena Lakes Flood

10 Control Project, in the vicinity of Fairbanks, Alaska, to

11 protect against surface water flooding.

12 SEC. 322. EYAK RIVER, CORDOVA, ALASKA.

13 The Secretary shall evaluate and, if justified under sec14 tion 205 of the Flood Control Act of 1948 (33 U.S.C. 701s),

15 carry out flood damage reduction measures along the Eyak

16 River at the town of Cordova, Alaska.

17 SEC. 323. NORTH PADRE ISLAND STORM DAMAGE REDUC18 TION AND ENVIRONMENTAL RESTORATION

19 PROJECT.

20 The Secretary shall carry out a project for ecosystem

21 restoration and storm damage reduction at North Padre Is22 land, Corpus Christi Bay, Texas, at a total estimated cost

23 of $30,000,000, with an estimated Federal cost of

24 $19,500,000 and an estimated non-Federal cost of

25 $10,500,000, if the Secretary finds that the work is tech-
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1 nically sound, environmentally acceptable, and economi2 cally justified. The Secretary shall make such a finding not

3 later than 270 days after the date of enactment of this Act.

4 SEC. 324. KANOPOLIS LAKE, KANSAS.

5 (a) WATER SUPPLY.—

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

7 the date of enactment of this Act, the Secretary, in co8 operation with the State of Kansas or another non9 Federal interest, shall complete a water supply re10 allocation study at the project for flood control,

11 Kanopolis Lake, Kansas, as a basis on which the Sec12 retary shall enter into negotiations with the State of

13 Kansas or another non-Federal interest for the terms

14 and conditions of a reallocation of the water supply.

15 (2) OPTIONS.—The negotiations for storage re16 allocation shall include the following options for eval17 uation by all parties:

18 (A) Financial terms of storage reallocation.

19 (B) Protection of future Federal water re20 leases from Kanopolis Dam, consistent with

21 State water law, to ensure that the benefits ex22 pected from releases are provided.

23 (C) Potential establishment of a water as24 surance district consistent with other such dis25 tricts established by the State of Kansas.
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1 (D) Protection of existing project purposes

2 at Kanopolis Dam to include flood control, recre3 ation, and fish and wildlife.

4 (b) IN-KIND CREDIT.—

5 (1) IN GENERAL.—The Secretary may negotiate

6 a credit for a portion of the financial repayment to

7 the Federal Government for work performed by the

8 State of Kansas, or another non-Federal interest, on

9 land adjacent or in close proximity to the project, if

10 the work provides a benefit to the project.

11 (2) WORK INCLUDED.—The work for which cred12 it may be granted may include watershed protection

13 and enhancement, including wetland construction

14 and ecosystem restoration.

15 SEC. 325. NEW YORK CITY WATERSHED.

16 Section 552(d) of the Water Resources Development

17 Act of 1996 (110 Stat. 3780) is amended by striking ‘‘for

18 the project to be carried out with such assistance’’ and in19 serting ‘‘, or a public entity designated by the State direc20 tor, to carry out the project with such assistance, subject

21 to the project’s meeting the certification requirement of sub22 section (c)(1)’’.
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1 SEC. 326. CITY OF CHARLEVOIX REIMBURSEMENT, MICHI2 GAN.

3 The Secretary shall review and, if consistent with au4 thorized project purposes, reimburse the city of Charlevoix,

5 Michigan, for the Federal share of costs associated with con6 struction of the new revetment connection to the Federal

7 navigation project at Charlevoix Harbor, Michigan.

8 SEC. 327. HAMILTON DAM FLOOD CONTROL PROJECT,

9 MICHIGAN.

10 The Secretary may construct the Hamilton Dam flood

11 control project, Michigan, under authority of section 205

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

13 SEC. 328. HOLES CREEK FLOOD CONTROL PROJECT, OHIO.

14 (a) IN GENERAL.—Notwithstanding any other provi15 sion of law, the non-Federal share of project costs for the

16 project for flood control, Holes Creek, Ohio, shall not exceed

17 the sum of—

18 (1) the total amount projected as the non-Federal

19 share as of September 30, 1996, in the Project Co20 operation Agreement executed on that date; and

21 (2) 100 percent of the amount of any increases

22 in the cost of the locally preferred plan over the cost

23 estimated in the Project Cooperation Agreement.

24 (b) REIMBURSEMENT.—The Secretary shall reimburse

25 the non-Federal interest any amount paid by the non-Fed26 eral interest in excess of the non-Federal share.
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1 SEC. 329. OVERFLOW MANAGEMENT FACILITY, RHODE IS2 LAND.

3 Section 585(a) of the Water Resources Development

4 Act of 1996 (110 Stat. 3791) is amended by striking ‘‘river’’

5 and inserting ‘‘sewer’’.

6 SEC. 330. ANACOSTIA RIVER AQUATIC ECOSYSTEM RES7 TORATION, DISTRICT OF COLUMBIA AND

8 MARYLAND.

9 The Secretary may use the balance of funds appro10 priated for the improvement of the environment as part of

11 the Anacostia River Flood Control and Navigation Project

12 under section 1135 of the Water Resources Development Act

13 of 1986 (33 U.S.C. 2309a) to construct aquatic ecosystem

14 restoration projects in the Anacostia River watershed under

15 section 206 of the Water Resources Development Act of 1996

16 (33 U.S.C. 2330).

17 SEC. 331. EVERGLADES AND SOUTH FLORIDA ECOSYSTEM

18 RESTORATION.

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

20 the Water Resources Development Act of 1996 (110 Stat.

21 3769) are amended by striking ‘‘1999’’ and inserting

22 ‘‘2003’’.