105TH CONGRESS

2D SESSION S. 2131

AN ACT

To provide for the conservation and development of water

and related resources, to authorize the Secretary of the

Army to construct various projects for improvements to

rivers and harbors of the United States, and for other

purposes.

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

5 ‘‘Water Resources Development Act of 1998’’.
2

S 2131 ES

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

2 this Act is as follows:

Sec. 1. Short title; table of contents.

TITLE I—WATER RESOURCES DEVELOPMENT

Sec. 101. Definition.

Sec. 102. Project authorizations.

Sec. 103. Project modifications.

Sec. 104. Project deauthorizations.

Sec. 105. Studies.

Sec. 106. Flood hazard mitigation and riverine ecosystem restoration program.

Sec. 107. Shore protection.

Sec. 108. Small flood control authority.

Sec. 109. Use of non-Federal funds for compiling and disseminating information on floods and flood damages.

Sec. 110. Everglades and south Florida ecosystem restoration.

Sec. 111. Aquatic ecosystem restoration.

Sec. 112. Beneficial uses of dredged material.

Sec. 113. Voluntary contributions by States and political subdivisions.

Sec. 114. Recreation user fees.

Sec. 115. Water resources development studies for the Pacific region.

Sec. 116. Missouri and Middle Mississippi Rivers enhancement project.

Sec. 117. Outer Continental Shelf.

Sec. 118. Environmental dredging.

Sec. 119. Benefit of primary flood damages avoided included in benefit-cost

analysis.

Sec. 120. Control of aquatic plant growth.

Sec. 121. Environmental infrastructure.

Sec. 122. Watershed management, restoration, and development.

Sec. 123. Lakes program.

Sec. 124. Dredging of salt ponds in the State of Rhode Island.

Sec. 125. Upper Susquehanna River basin, Pennsylvania and New York.

Sec. 126. Small flood control projects.

Sec. 127. Small navigation projects.

Sec. 128. Streambank protection projects.

Sec. 129. Aquatic ecosystem restoration, Springfield, Oregon.

Sec. 130. Guilford and New Haven, Connecticut.

Sec. 131. Francis Bland Floodway Ditch.

Sec. 132. Caloosahatchee River basin, Florida.

Sec. 133. Cumberland, Maryland, flood project mitigation.

Sec. 134. Sediments decontamination policy.

Sec. 135. City of Miami Beach, Florida.

Sec. 136. Small storm damage reduction projects.

Sec. 137. Sardis Reservoir, Oklahoma.

Sec. 138. Upper Mississippi River and Illinois waterway system navigation

modernization.

Sec. 139. Disposal of dredged material on beaches.

Sec. 140. Fish and wildlife mitigation.

Sec. 141. Upper Mississippi River management.

Sec. 142. Reimbursement of non-Federal interest.

Sec. 143. Research and development program for Columbia and Snake Rivers

salmon survival.
3

S 2131 ES

Sec. 144. Nine Mile Run habitat restoration, Pennsylvania.

Sec. 145. Shore damage prevention or mitigation.

Sec. 146. Larkspur Ferry Channel, California.

Sec. 147. Comprehensive Flood Impact-Response Modeling System.

Sec. 148. Study regarding innovative financing for small and medium-sized

ports.

Sec. 149. Candy Lake project, Osage County, Oklahoma.

Sec. 150. Salcha River and Piledriver Slough, Fairbanks, Alaska.

Sec. 151. Eyak River, Cordova, Alaska.

Sec. 152. North Padre Island storm damage reduction and environmental restoration project.

Sec. 153. Kanopolis Lake, Kansas.

Sec. 154. New York City watershed.

Sec. 155. City of Charlevoix reimbursement, Michigan.

Sec. 156. Hamilton Dam flood control project, Michigan.

Sec. 157. National Contaminated Sediment Task Force.

Sec. 158. Great Lakes basin program.

Sec. 159. Projects for improvement of the environment.

Sec. 160. Water quality, environmental quality, recreation, fish and wildlife,

flood control, and navigation.

Sec. 161. Irrigation diversion protection and fisheries enhancement assistance.

TITLE II—CHEYENNE RIVER SIOUX TRIBE, LOWER BRULE SIOUX

TRIBE, AND STATE OF SOUTH DAKOTA TERRESTRIAL WILDLIFE HABITAT RESTORATION

Sec. 201. Definitions.

Sec. 202. Terrestrial wildlife habitat restoration.

Sec. 203. South Dakota Terrestrial Wildlife Habitat Restoration Trust Fund.

Sec. 204. Cheyenne River Sioux Tribe and Lower Brule Sioux Tribe Terrestrial

Wildlife Habitat Restoration Trust Funds.

Sec. 205. Transfer of Federal land to State of South Dakota.

Sec. 206. Transfer of Corps of Engineers land for Indian Tribes.

Sec. 207. Administration.

Sec. 208. Study.

Sec. 209. Authorization of appropriations.

1 TITLE I—WATER RESOURCES

2 DEVELOPMENT

3 SEC. 101. DEFINITION.

4 In this title, the term ‘‘Secretary’’ means the Sec5 retary of the Army.

6 SEC. 102. PROJECT AUTHORIZATIONS.

7 (a) PROJECTS WITH REPORTS.—The following

8 projects for water resources development and conservation

9 and other purposes are authorized to be carried out by
4

S 2131 ES

1 the Secretary substantially in accordance with the plans,

2 and subject to the conditions, described in the respective

3 reports designated in this section:

4 (1) RIO SALADO (SALT RIVER), ARIZONA.—The

5 project for environmental restoration, Rio Salado

6 (Salt River), Arizona: Report of the Chief of Engi7 neers, dated August 20, 1998, at a total cost of

8 $85,900,000, with an estimated Federal cost of

9 $54,980,000 and an estimated non-Federal cost of

10 $30,920,000.

11 (2) AMERICAN RIVER WATERSHED, CALIFOR12 NIA.—

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

14 damage reduction described as the Folsom

15 Stepped Release Plan in the United States

16 Army Corps of Engineers Supplemental Infor17 mation Report for the American River Water18 shed Project, California, dated March 1996, at

19 a total cost of $464,600,000, with an estimated

20 Federal cost of $302,000,000 and an estimated

21 non-Federal cost of $162,600,000.

22 (B) IMPLEMENTATION.—

23 (i) IN GENERAL.—Implementation of

24 the measures by the Secretary pursuant to

25 subparagraph (A) shall be undertaken
5

S 2131 ES

1 after completion of the levee stabilization

2 and strengthening and flood warning fea3 tures authorized by section 101(a)(1) of

4 the Water Resources Development Act of

5 1996 (110 Stat. 3662).

6 (ii) FOLSOM DAM AND RESERVOIR.—

7 The Secretary may undertake measures at

8 the Folsom Dam and Reservoir authorized

9 under subparagraph (A) only after review10 ing the design of such measures to deter11 mine if modifications are necessary to ac12 count for changed hydrologic conditions

13 and any other changed conditions in the

14 project area, including operational and

15 construction impacts that have occurred

16 since completion of the report referred to

17 in subparagraph (A). The Secretary shall

18 conduct the review and develop the modi19 fications to the Folsom Dam and Reservoir

20 with the full participation of the Secretary

21 of the Interior.

22 (iii) REMAINING DOWNSTREAM ELE23 MENTS.—

24 (I) IN GENERAL.—Implementa25 tion of the remaining downstream ele-
6

S 2131 ES

1 ments authorized pursuant to sub2 paragraph (A) may be undertaken

3 only after the Secretary, in consulta4 tion with affected Federal, State, re5 gional, and local entities, has reviewed

6 the elements to determine if modifica7 tions are necessary to address changes

8 in the hydrologic conditions, any other

9 changed conditions in the project area

10 that have occurred since completion of

11 the report referred to in subparagraph

12 (A) and any design modifications for

13 the Folsom Dam and Reservoir made

14 by the Secretary in implementing the

15 measures referred to in clause (ii),

16 and has issued a report on the review.

17 (II) PRINCIPLES AND GUIDE18 LINES.—The review shall be prepared

19 in accordance with the economic and

20 environmental principles and guide21 lines for water and related land re22 sources implementation studies, and

23 no construction may be initiated un24 less the Secretary determines that the

25 remaining downstream elements are
7

S 2131 ES

1 technically sound, environmentally ac2 ceptable, and economically justified.

3 (3) LLAGAS CREEK, CALIFORNIA.—The project

4 for completion of the remaining reaches of the Natu5 ral Resources Conservation Service flood control

6 project at Llagas Creek, California, undertaken pur7 suant to section 5 of the Watershed Protection and

8 Flood Prevention Act (16 U.S.C. 1005), substan9 tially in accordance with the requirements of local

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

11 U.S.C. 1004) at a total cost of $34,300,000, with an

12 estimated Federal cost of $16,600,000 and an esti13 mated non-Federal share of $17,700,000.

14 (4) UPPER GUADALUPE RIVER, CALIFORNIA.—

15 The Secretary may construct the locally preferred

16 plan for flood damage reduction and recreation,

17 Upper Guadalupe River, California, described as the

18 Bypass Channel Plan of the Chief of Engineers

19 dated August 18, 1998, at a total cost of

20 $132,836,000, with an estimated Federal cost of

21 $42,869,000 and an estimated non-Federal cost of

22 $89,967,000.

23 (5) DELAWARE BAY COASTLINE: DELAWARE

24 AND NEW JERSEY-BROADKILL BEACH, DELAWARE.—
8

S 2131 ES

1 (A) IN GENERAL.—The shore protection

2 project for hurricane and storm damage reduc3 tion, Delaware Bay Coastline: Delaware and

4 New Jersey-Broadkill Beach, Delaware, Report

5 of the Chief of Engineers dated August 17,

6 1998, at a total cost of $8,871,000, with an es7 timated Federal cost of $5,593,000 and an esti8 mated non-Federal cost of $3,278,000.

9 (B) PERIODIC NOURISHMENT.—Periodic

10 nourishment is authorized for a 50-year period

11 at an estimated average annual cost of

12 $651,000, with an estimated annual Federal

13 cost of $410,000 and an estimated annual non14 Federal cost of $241,000.

15 (6) HILLSBORO AND OKEECHOBEE AQUIFER

16 STORAGE AND RECOVERY PROJECT, FLORIDA.—The

17 project for aquifer storage and recovery described in

18 the United States Army Corps of Engineers Central

19 and Southern Florida Water Supply Study, Florida,

20 dated April 1989, and in House Document 369,

21 dated July 30, 1968, at a total cost of $27,000,000,

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

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

24 (7) INDIAN RIVER COUNTY, FLORIDA.—Not25 withstanding section 1001(a) of the Water Re-
9

S 2131 ES

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 (8) 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 (9) AMITE RIVER AND TRIBUTARIES, LOUISI25 ANA, EAST BATON ROUGE PARISH WATERSHED.—
10

S 2131 ES

1 The project for flood damage reduction and recre2 ation, Amite River and Tributaries, Louisiana, East

3 Baton Rouge Parish Watershed: Report of the Chief

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

5 cost of $110,045,000, with an estimated Federal

6 cost of $71,343,000 and an estimated non-Federal

7 cost of $38,702,000.

8 (10) BALTIMORE HARBOR ANCHORAGES AND

9 CHANNELS, MARYLAND AND VIRGINIA.—The project

10 for navigation, Baltimore Harbor Anchorages and

11 Channels, Maryland and Virginia: Report of the

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

13 cost of $27,692,000, with an estimated Federal cost

14 of $18,510,000 and an estimated non-Federal cost

15 of $9,182,000.

16 (11) RED LAKE RIVER AT CROOKSTON, MIN17 NESOTA.—The project for flood damage reduction,

18 Red Lake River at Crookston, Minnesota: Report of

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

20 total cost of $8,720,000, with an estimated Federal

21 cost of $5,567,000 and an estimated non-Federal

22 cost of $3,153,000.

23 (12) PARK RIVER, NORTH DAKOTA.—

24 (A) IN GENERAL.—Subject to the condi25 tion stated in subparagraph (B), the project for
11

S 2131 ES

1 flood control, Park River, Grafton, North Da2 kota, authorized by section 401(a) of the Water

3 Resources Development Act of 1986 (100 Stat.

4 4121) and deauthorized under section 1001(a)

5 of the Water Resources Development Act of

6 1986 (33 U.S.C. 579a), at a total cost of

7 $27,300,000, with an estimated Federal cost of

8 $17,745,000 and an estimated non-Federal cost

9 of $9,555,000.

10 (B) CONDITION.—No construction may be

11 initiated unless the Secretary determines

12 through a general reevaluation report using

13 current data, that the project is technically

14 sound, environmentally acceptable, and eco15 nomically justified.

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

17 following projects for water resources development and

18 conservation and other purposes are authorized to be car19 ried out by the Secretary substantially in accordance with

20 the plans, and subject to the conditions recommended in

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

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

23 later than December 31, 1998.

24 (1) NOME HARBOR IMPROVEMENTS, ALASKA.—

25 The project for navigation, Nome Harbor Improve-
12

S 2131 ES

1 ments, Alaska, at a total cost of $24,280,000, with

2 an estimated first Federal cost of $19,162,000 and

3 an estimated first non-Federal cost of $5,118,000.

4 (2) SAND POINT HARBOR, ALASKA.—The

5 project for navigation, Sand Point Harbor, Alaska,

6 at a total cost of $11,463,000, with an estimated

7 Federal cost of $6,718,000 and an estimated first

8 non-Federal cost of $4,745,000.

9 (3) SEWARD HARBOR, ALASKA.—The project

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

11 cost of $11,930,000, with an estimated first Federal

12 cost of $3,816,000 and an estimated first non-Fed13 eral cost of $8,114,000.

14 (4) HAMILTON AIRFIELD WETLAND RESTORA15 TION, CALIFORNIA.—The project for environmental

16 restoration at Hamilton Airfield, California, at a

17 total cost of $55,100,000, with an estimated Federal

18 cost of $41,300,000 and an estimated non-Federal

19 cost of $13,800,000.

20 (5) OAKLAND, CALIFORNIA.—

21 (A) IN GENERAL.—The project for naviga22 tion and environmental restoration, Oakland,

23 California, at a total cost of $214,900,000, with

24 an estimated Federal cost of $128,600,000 and

25 an estimated non-Federal cost of $86,300,000.
13

S 2131 ES

1 (B) BERTHING AREAS AND OTHER LOCAL

2 SERVICE FACILITIES.—The non-Federal inter3 ests shall provide berthing areas and other local

4 service facilities necessary for the project at an

5 estimated cost of $38,200,000.

6 (6) SOUTH SACRAMENTO COUNTY STREAMS,

7 CALIFORNIA.—The project for flood damage reduc8 tion, environmental restoration, and recreation,

9 South Sacramento County Streams, California at a

10 total cost of $65,410,000, with an estimated Federal

11 cost of $39,104,000 and an estimated non-Federal

12 cost of $26,306,000.

13 (7) YUBA RIVER BASIN, CALIFORNIA.—The

14 project for flood damage reduction, Yuba River

15 Basin, California, at a total cost of $25,850,000,

16 with an estimated Federal cost of $16,775,000 and

17 an estimated non-Federal cost of $9,075,000.

18 (8) DELAWARE BAY COASTLINE: DELAWARE

19 AND NEW JERSEY-PORT MAHON, DELAWARE.—

20 (A) IN GENERAL.—The shore protection

21 project for ecosystem restoration, Delaware Bay

22 Coastline: Delaware and New Jersey-Port

23 Mahon, Delaware, at a total cost of $7,563,000,

24 with an estimated Federal cost of $4,916,000
14

S 2131 ES

1 and an estimated non-Federal cost of

2 $2,647,000.

3 (B) PERIODIC NOURISHMENT.—Periodic

4 nourishment is authorized for a 50-year period

5 at an estimated average annual cost of

6 $238,000, with an estimated annual Federal

7 cost of $155,000 and an estimated annual non8 Federal cost of $83,000.

9 (9) DELAWARE BAY COASTLINE: DELAWARE

10 AND NEW JERSEY-ROOSEVELT INLET-LEWES BEACH,

11 DELAWARE.—

12 (A) IN GENERAL.—The shore protection

13 project for navigation mitigation and hurricane

14 and storm damage reduction, Delaware Bay

15 Coastline: Delaware and New Jersey-Roosevelt

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

17 $3,326,000, with an estimated Federal cost of

18 $2,569,000 and an estimated non-Federal cost

19 of $757,000.

20 (B) PERIODIC NOURISHMENT.—Periodic

21 nourishment is authorized for a 50-year period

22 at an estimated average annual cost of

23 $207,000, with an estimated annual Federal

24 cost of $159,000 and an estimated annual non25 Federal cost of $48,000.
15

S 2131 ES

1 (10) DELAWARE COAST FROM CAPE

2 HENELOPEN TO FENWICK ISLAND, BETHANY BEACH/

3 SOUTH BETHANY BEACH, DELAWARE.—

4 (A) IN GENERAL.—The shore protection

5 project for hurricane storm damage reduction,

6 Delaware Coast from Cape Henelopen to

7 Fenwick Island, Bethany Beach/South Bethany

8 Beach, Delaware, at a total cost of

9 $22,094,000, with an estimated Federal cost of

10 $14,361,000 and an estimated non-Federal cost

11 of $7,733,000.

12 (B) PERIODIC NOURISHMENT.—Periodic

13 nourishment is authorized for a 50-year period

14 at an estimated average annual cost of

15 $1,573,000, with an estimated annual Federal

16 cost of $1,022,000 and an estimated annual

17 non-Federal cost of $551,000.

18 (11) JACKSONVILLE HARBOR, FLORIDA.—The

19 project for navigation, Jacksonville Harbor, Florida,

20 at a total cost of $27,758,000, with an estimated

21 Federal cost of $9,632,000 and an estimated non22 Federal cost of $18,126,000.

23 (12) LITTLE TALBOT ISLAND, DUVAL COUNTY,

24 FLORIDA.—The shore protection project for hurri25 cane and storm damage prevention, Little Talbot Is-
16

S 2131 ES

1 land, Duval County, Florida, at a total cost of

2 $5,802,000, with an estimated Federal cost of

3 $3,771,000 and an estimated non-Federal cost of

4 $2,031,000.

5 (13) PONCE DE LEON INLET, VOLUSIA COUNTY,

6 FLORIDA.—The project for navigation and recre7 ation, Ponce de Leon Inlet, Volusia County, Florida,

8 at a total cost of $5,533,000, with an estimated

9 Federal cost of $3,408,000 and an estimated non10 Federal cost of $2,125,000.

11 (14) TAMPA HARBOR-BIG BEND CHANNEL,

12 FLORIDA.—The project for navigation, Tampa Har13 bor-Big Bend Channel, Florida, at a total cost of

14 $11,348,000, with an estimated Federal cost of

15 $5,747,000 and an estimated non-Federal cost of

16 $5,601,000.

17 (15) BRUNSWICK HARBOR DEEPENING, GEOR18 GIA.—The project for navigation, Brunswick Harbor

19 deepening, Georgia, at a total cost of $49,433,000,

20 with an estimated Federal cost of $32,083,000 and

21 an estimated non-Federal cost of $17,350,000.

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

24 (A) IN GENERAL.—Subject to subpara25 graph (B), the Secretary may carry out the
17

S 2131 ES

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 $223,887,000 (of which amount a portion is au8 thorized for implementation of the mitigation

9 plan), with an estimated Federal cost of

10 $141,482,000 and an estimated non-Federal

11 cost of $82,405,000, if the final report of the

12 Chief of Engineers is completed by December

13 31, 1998.

14 (B) CONDITIONS.—The project authorized

15 by subparagraph (A) may be carried out only

16 after—

17 (i) the Secretary, in consultation with

18 affected Federal, State, regional, and local

19 entities, has reviewed and approved an En20 vironmental Impact Statement that in21 cludes—

22 (I) an analysis of the impacts of

23 project depth alternatives ranging

24 from 42 feet through 48 feet; and
18

S 2131 ES

1 (II) a selected plan for navigation

2 and associated mitigation plan as re3 quired by section 906(a) of the Water

4 Resources Development Act of 1986

5 (33 U.S.C. 2283); and

6 (ii) the Secretary of the Interior, the

7 Secretary of Commerce, and the Adminis8 trator of the Environmental Protection

9 Agency, with the Secretary, have approved

10 the selected plan and have determined that

11 the mitigation plan adequately addresses

12 the potential environmental impacts of the

13 project.

14 (C) MITIGATION REQUIREMENTS.—The

15 mitigation plan shall be implemented in advance

16 of or concurrently with construction of the

17 project.

18 (17) GRAND FORKS, NORTH DAKOTA, AND EAST

19 GRAND FORKS, MINNESOTA.—The project for flood

20 damage reduction and recreation, Grand Forks,

21 North Dakota, and East Grand Forks, Minnesota,

22 at a total cost of $307,750,000, with an estimated

23 Federal cost of $154,360,000 and an estimated non24 Federal cost of $153,390,000.
19

S 2131 ES

1 (18) BAYOU CASSOTTE EXTENSION,

2 PASCAGOULA HARBOR, PASCAGOULA, MISSISSIPPI.—

3 The project for navigation, Bayou Cassotte exten4 sion, Pascagoula Harbor, Pascagoula, Mississippi, at

5 a total cost of $5,700,000, with an estimated Fed6 eral cost of $3,705,000 and an estimated non-Fed7 eral cost of $1,995,000.

8 (19) TURKEY CREEK BASIN, KANSAS CITY, MIS9 SOURI AND KANSAS CITY, KANSAS.—The project for

10 flood damage reduction, Turkey Creek Basin, Kan11 sas City, Missouri, and Kansas City, Kansas, at a

12 total cost of $43,288,000 with an estimated Federal

13 cost of $28,840,000 and an estimated non-Federal

14 cost of $17,448,000.

15 (20) LOWER CAPE MAY MEADOWS, CAPE MAY

16 POINT, NEW JERSEY.—

17 (A) IN GENERAL.—The shore protection

18 project for navigation mitigation, ecosystem res19 toration, and hurricane and storm damage re20 duction, Lower Cape May Meadows, Cape May

21 Point, New Jersey, at a total cost of

22 $14,885,000, with an estimated Federal cost of

23 $11,390,000 and an estimated non-Federal cost

24 of $3,495,000.
20

S 2131 ES

1 (B) PERIODIC NOURISHMENT.—Periodic

2 nourishment is authorized for a 50-year period

3 at an estimated average annual cost of

4 $4,565,000, with an estimated annual Federal

5 cost of $3,674,000 and an estimated annual

6 non-Federal cost of $891,000.

7 (21) NEW JERSEY SHORE PROTECTION, BRIG8 ANTINE INLET TO GREAT EGG HARBOR, BRIGANTINE

9 ISLAND, NEW JERSEY.—

10 (A) IN GENERAL.—The shore protection

11 project for hurricane and storm damage reduc12 tion, New Jersey Shore protection, Brigantine

13 Inlet to Great Egg Harbor, Brigantine Island,

14 New Jersey, at a total cost of $4,861,000, with

15 an estimated Federal cost of $3,160,000 and an

16 estimated non-Federal cost of $1,701,000.

17 (B) PERIODIC NOURISHMENT.—Periodic

18 nourishment is authorized for a 50-year period

19 at an estimated average annual cost of

20 $454,000, with an estimated annual Federal

21 cost of $295,000 and an estimated annual non22 Federal cost of $159,000.

23 (22) NEW JERSEY SHORE PROTECTION, TOWN24 SENDS INLET TO CAPE MAY INLET, NEW JERSEY.—
21

S 2131 ES

1 (A) IN GENERAL.—The shore protection

2 project for hurricane and storm damage reduc3 tion and ecosystem restoration, New Jersey

4 Shore protection, Townsends Inlet to Cape May

5 Inlet, New Jersey, at a total cost of

6 $55,204,000, with an estimated Federal cost of

7 $35,883,000 and an estimated non-Federal cost

8 of $19,321,000.

9 (B) PERIODIC NOURISHMENT.—Periodic

10 nourishment is authorized for a 50-year period

11 at an estimated average annual cost of

12 $6,319,000, with an estimated annual Federal

13 cost of $4,107,000 and an estimated annual

14 non-Federal cost of $2,212,000.

15 (23) MEMPHIS HARBOR, MEMPHIS, TEN16 NESSEE.—

17 (A) IN GENERAL.—Subject to subpara18 graph (B), the project for navigation, Memphis

19 Harbor, Memphis, Tennessee, authorized by

20 section 601(a) of the Water Resources Develop21 ment Act of 1986 (100 Stat. 4145) and de22 authorized under section 1001(a) of that Act

23 (33 U.S.C. 579a(a)) is authorized to be carried

24 out by the Secretary.
22

S 2131 ES

1 (B) CONDITION.—No construction may be

2 initiated unless the Secretary determines

3 through a general reevaluation report using

4 current data, that the project is technically

5 sound, environmentally acceptable, and eco6 nomically justified.

7 (24) METRO CENTER LEVEE, CUMBERLAND

8 RIVER, NASHVILLE, TENNESSEE.—The project for

9 flood damage reduction and recreation, Metro Certer

10 Levee, Cumberland River, Nashville, Tennessee, at a

11 total cost of $5,931,000, with an estimated Federal

12 cost of $3,753,000 and an estimated non-Federal

13 cost of $2,178,000.

14 (25) HOWARD HANSON DAM, WASHINGTON.—

15 The project for water supply and ecosystem restora16 tion, Howard Hanson Dam, Washington, at a total

17 cost of $74,908,000, with an estimated Federal cost

18 of $36,284,000 and an estimated non-Federal cost

19 of $38,624,000.

20 SEC. 103. PROJECT MODIFICATIONS.

21 (a) PROJECTS WITH REPORTS.—

22 (1) GLENN-COLUSA, CALIFORNIA.—The project

23 for flood control, Sacramento River, California, au24 thorized by section 2 of the Act entitled ‘‘An Act to

25 provide for the control of the floods of the Mis-
23

S 2131 ES

1 sissippi River and of the Sacramento River, Califor2 nia, and for other purposes’’, approved March 1,

3 1917 (39 Stat. 949), and modified by section 102 of

4 the Energy and Water Development Appropriations

5 Act, 1990 (103 Stat. 649), and further modified by

6 section 301(b)(3) of the Water Resources Develop7 ment Act of 1996 (110 Stat. 3709), is further modi8 fied to authorize the Secretary to carry out the por9 tion of the project in Glenn-Colusa, California, in ac10 cordance with the Corps of Engineers report dated

11 May 22, 1998, at a total cost of $20,700,000, with

12 an estimated Federal cost of $15,570,000 and an es13 timated non-Federal cost of $5,130,000.

14 (2) SAN LORENZO RIVER, CALIFORNIA.—The

15 project for flood control, San Lorenzo River, Califor16 nia, authorized by section 101(a)(5) of the Water

17 Resources Development Act of 1996 (110 Stat.

18 3663), is modified to authorize the Secretary to in19 clude as a part of the project streambank erosion

20 control measures to be undertaken substantially in

21 accordance with the report entitled ‘‘Bank Stabiliza22 tion Concept, Laurel Street Extension’’, dated April

23 23, 1998, at a total cost of $4,000,000, with an esti24 mated Federal cost of $2,600,000 and an estimated

25 non-Federal cost of $1,400,000.
24

S 2131 ES

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

2 The project for flood control, Wood River, Grand Is3 land, Nebraska, authorized by section 101(a)(19) of

4 the Water Resources Development Act of 1996 (110

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

6 construct the project in accordance with the Corps

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

8 cost of $16,632,000, with an estimated Federal cost

9 of $9,508,000 and an estimated non-Federal cost of

10 $7,124,000.

11 (4) ABSECON ISLAND, NEW JERSEY.—The

12 project for Absecon Island, New Jersey, authorized

13 by section 101(b)(13) of the Water Resources Devel14 opment Act of 1996 (110 Stat. 3668) is amended to

15 authorize the Secretary to reimburse the non-Fed16 eral interests for all work performed, consistent with

17 the authorized project.

18 (5) WAURIKA LAKE, OKLAHOMA, WATER CON19 VEYANCE FACILITIES.—The requirement for the

20 Waurika Project Master Conservancy District to

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

22 resulting from the October 1991 settlement of the

23 claim of the Travelers Insurance Company before

24 the United States Claims Court related to construc25 tion of the water conveyance facilities authorized by
25

S 2131 ES

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

2 841) is waived.

3 (b) PROJECTS SUBJECT TO REPORTS.—The follow4 ing projects are modified as follows, except that no funds

5 may be obligated to carry out work under such modifica6 tions until completion of a final report by the Chief of

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

8 work is technically sound, environmentally acceptable, and

9 economically justified, as applicable:

10 (1) SACRAMENTO METRO AREA, CALIFORNIA.—

11 The project for flood control, Sacramento Metro

12 Area, California, authorized by section 101(4) of the

13 Water Resources Development Act of 1992 (106

14 Stat. 4801) is modified to authorize the Secretary to

15 construct the project at a total cost of $32,600,000,

16 with an estimated Federal cost of $24,500,000 and

17 an estimated non-Federal cost of $8,100,000.

18 (2) THORNTON RESERVOIR, COOK COUNTY, IL19 LINOIS.—

20 (A) IN GENERAL.—The Thornton Res21 ervoir project, an element of the project for

22 flood control, Chicagoland Underflow Plan, Illi23 nois, authorized by section 3(a)(5) of the Water

24 Resources Development Act of 1988 (102 Stat.

25 4013), is modified to authorize the Secretary to
26

S 2131 ES

1 include additional permanent flood control stor2 age attributable to the Thorn Creek Reservoir

3 project, Little Calumet River Watershed, Illi4 nois, approved under the Watershed Protection

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

6 seq.).

7 (B) COST SHARING.—Costs for the Thorn8 ton Reservoir project shall be shared in accord9 ance with section 103 of the Water Resources

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

11 (C) TRANSITIONAL STORAGE.—The Sec12 retary of Agriculture may cooperate with non13 Federal interests to provide, on a transitional

14 basis, flood control storage for the Thorn Creek

15 Reservoir project in the west lobe of the Thorn16 ton quarry.

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

21 before the date of enactment of this Act.

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

24 subparagraph (D) that are integral to the

25 Thornton Reservoir project and the current
27

S 2131 ES

1 total project costs based on a limited reevalua2 tion report.

3 (3) WELLS HARBOR, WELLS, MAINE.—

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

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

8 Secretary to realign the channel and anchorage

9 areas based on a harbor design capacity of 150

10 craft.

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

13 are not authorized after the date of enactment

14 of this Act:

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

16 the boundaries of which begin at a point

17 with coordinates N177,992.00,

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

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

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

23 point N177,020.04, E394,618.21, thence

24 running south 78 degrees 13 minutes 45.7

25 seconds east 10.00 feet to a point
28

S 2131 ES

1 N177,018.00, E394,628.00, thence run2 ning north 11 degrees 46 minutes 22.8

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

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

7 point with coordinates N177,778.07,

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

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

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

13 point N177,109.82, E394,187.46, thence

14 running south 78 degrees 13 minutes 45.7

15 seconds east 10.00 feet to a point

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

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

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

22 at a point with coordinates N177,107.78,

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

25 feet to a point N177,109.82, E394,187.46,
29

S 2131 ES

1 thence running south 11 degrees 46 min2 utes 15.7 seconds west 300.00 feet to a

3 point N176,816.13, E394,126.26, thence

4 running south 78 degrees 12 minutes 21.4

5 seconds east 9.98 feet to a point

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

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

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

11 basin the boundaries of which begin at a

12 point with coordinates N177,018.00,

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

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

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

18 point N176,726.36, E394,556.97, thence

19 running south 78 degrees 12 minutes 30.3

20 seconds east 10.03 feet to a point

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

23 seconds east 300.00 feet to the point of or24 igin.
30

S 2131 ES

1 (C) REDESIGNATIONS.—The following por2 tions of the project shall be redesignated as

3 part of the 6-foot anchorage:

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

5 the boundaries of which begin at a point

6 with coordinates N177,990.91,

7 E394,820.68, thence running south 83 de8 grees 58 minutes 40.8 seconds west 94.65

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

10 thence running south 11 degrees 46 min11 utes 22.4 seconds west 962.83 feet to a

12 point N177,038.40, E394,530.10, thence

13 running south 78 degrees 13 minutes 45.7

14 seconds east 90.00 feet to a point

15 N177,020.04, E394,618.21, thence run16 ning north 11 degrees 46 minutes 47.7

17 seconds east 991.76 feet to the point of or18 igin.

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

20 harbor settling basin the boundaries of

21 which begin at a point with coordinates

22 N177,020.04, E394,618.21, thence run23 ning north 78 degrees 13 minutes 30.5

24 seconds west 160.00 feet to a point

25 N177,052.69, E394,461.58, thence run-
31

S 2131 ES

1 ning south 11 degrees 46 minutes 45.4

2 seconds west 299.99 feet to a point

3 N176,759.02, E394,400.34, thence run4 ning south 78 degrees 13 minutes 17.9

5 seconds east 160 feet to a point

6 N176,726.36, E394,556.97, thence run7 ning north 11 degrees 46 minutes 44.0

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

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 min17 utes 26.6 seconds west 511.83 feet to a

18 point N177,277.01, E394,232.52, thence

19 running south 78 degrees 13 minutes 17.9

20 seconds east 80.00 feet to a point

21 N177,260.68, E394,310.84, thence run22 ning north 11 degrees 46 minutes 24.8

23 seconds east 482.54 feet to a point

24 N177,733.07, E394,409.30, thence run25 ning north 51 degrees 59 minutes 41.0
32

S 2131 ES

1 seconds east 402.63 feet to a point

2 N177,980.98, E394,726.55, thence run3 ning north 11 degrees 46 minutes 27.6

4 seconds east 123.89 feet to the point of or5 igin.

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

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

8 realigned to include the area located south of

9 the inner harbor settling basin in existence on

10 the date of enactment of this Act beginning at

11 a point with coordinates N176,726.36,

12 E394,556.97, thence running north 78 degrees

13 13 minutes 17.9 seconds west 160.00 feet to a

14 point N176,759.02, E394,400.34, thence run15 ning south 11 degrees 47 minutes 03.8 seconds

16 west 45 feet to a point N176,714.97,

17 E394,391.15, thence running south 78 degrees

18 13 minutes 17.9 seconds 160.00 feet to a point

19 N176,682.31, E394,547.78, thence running

20 north 11 degrees 47 minutes 03.8 seconds east

21 45 feet to the point of origin.

22 (E) RELOCATION.—The Secretary may re23 locate the settling basin feature of the project

24 to the outer harbor between the jetties.
33

S 2131 ES

1 (4) NEW YORK HARBOR AND ADJACENT CHAN2 NELS, PORT JERSEY, NEW JERSEY.—The project for

3 navigation, New York Harbor and Adjacent Chan4 nels, Port Jersey, New Jersey, authorized by section

5 202(b) of the Water Resources Development Act of

6 1986 (100 Stat. 4098), is modified to authorize the

7 Secretary to construct the project at a total cost of

8 $100,689,000, with an estimated Federal cost of

9 $74,998,000 and an estimated non-Federal cost of

10 $25,701,000.

11 (5) ARTHUR KILL, NEW YORK AND NEW JER12 SEY.—

13 (A) IN GENERAL.—The project for naviga14 tion, Arthur Kill, New York and New Jersey,

15 authorized by section 202(b) of the Water Re16 sources Development Act of 1986 (100 Stat.

17 4098) and modified by section 301(b)(11) of

18 the Water Resources Development Act of 1996

19 (110 Stat. 3711), is further modified to author20 ize the Secretary to construct the project at a

21 total cost of $269,672,000, with an estimated

22 Federal cost of $178,400,000 and an estimated

23 non-Federal cost of $91,272,000.

24 (B) BERTHING AREAS AND OTHER LOCAL

25 SERVICE FACILITIES.—The non-Federal inter-
34

S 2131 ES

1 ests shall provide berthing areas and other local

2 service facilities necessary for the project at an

3 estimated cost of $37,936,000.

4 (c) BEAVER LAKE, ARKANSAS, WATER SUPPLY

5 STORAGE REALLOCATION.—The Secretary shall reallocate

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

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

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

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

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

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

12 MARYLAND.—The project for navigation, Baltimore Har13 bor and Channels, Maryland, authorized by section 101

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

15 modified to direct the Secretary to straighten the

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

17 (e) TROPICANA WASH AND FLAMINGO WASH, NE18 VADA.—Any Federal costs associated with the Tropicana

19 and Flamingo Washes, Nevada, authorized by section

20 101(13) of the Water Resources Development Act of 1992

21 (106 Stat. 4803), incurred by the non-Federal interest to

22 accelerate or modify construction of the project, in co23 operation with the Corps of Engineers, shall be considered

24 to be eligible for reimbursement by the Secretary.
35

S 2131 ES

1 (f) REDIVERSION PROJECT, COOPER RIVER,

2 CHARLESTON HARBOR, SOUTH CAROLINA.—

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

4 Cooper River, Charleston Harbor, South Carolina,

5 authorized by section 101 of the River and Harbor

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

7 of the Energy and Water Development Appropria8 tions Act, 1992 (105 Stat. 517), is modified to au9 thorize the Secretary to pay the State of South

10 Carolina not more than $3,750,000, if the State en11 ters into an agreement with the Secretary providing

12 that the State shall perform all future operation of

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

14 associated studies to assess the efficacy of the fish

15 lift).

16 (2) CONTENTS.—The agreement shall specify

17 the terms and conditions under which payment will

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

19 the Secretary to recover all or a portion of the pay20 ment if the State suspends or terminates operation

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

22 a manner satisfactory to the Secretary.

23 (3) MAINTENANCE.—Maintenance of the fish

24 lift shall remain a Federal responsibility.
36

S 2131 ES

1 (g) FLOOD MITIGATION NEAR PIERRE, SOUTH DA2 KOTA.—

3 (1) IN GENERAL.—

4 (A) LAND ACQUISITION.—To provide full

5 operational capability to carry out the author6 ized purposes of the Missouri River Main Stem

7 dams that are part of the Pick-Sloan Missouri

8 River Basin Program authorized by section 9 of

9 the Act entitled ‘‘An Act authorizing the con10 struction of certain public works on rivers and

11 harbors for flood control, and for other pur12 poses’’ approved December 22, 1944 (58 Stat.

13 891), the Secretary may acquire from willing

14 sellers such land and property in the vicinity of

15 Pierre, South Dakota, or floodproof or relocate

16 such property within the project area, as the

17 Secretary determines is adversely affected by

18 the full wintertime Oahe Powerplant releases.

19 (B) OWNERSHIP AND USE.—Any land that

20 is acquired under subparagraph (A) shall be

21 kept in public ownership and shall be dedicated

22 and maintained in perpetuity for a use that is

23 compatible with any remaining flood threat.

24 (C) REPORT.—
37

S 2131 ES

1 (i) IN GENERAL.—The Secretary shall

2 not obligate funds to implement this para3 graph until the Secretary has completed a

4 report addressing the criteria for selecting

5 which properties are to be acquired, relo6 cated, or floodproofed, and a plan for im7 plementing such measures, and has made a

8 determination that the measures are eco9 nomically justified.

10 (ii) DEADLINE.—The report shall be

11 completed not later than 180 days after

12 funding is made available.

13 (D) COORDINATION AND COOPERATION.—

14 The report and implementation plan—

15 (i) shall be coordinated with the Fed16 eral Emergency Management Agency; and

17 (ii) shall be prepared in consultation

18 with other Federal agencies, State and

19 local officials, and residents.

20 (E) CONSIDERATIONS.—The report should

21 take into account information from prior and

22 ongoing studies.

23 (2) AUTHORIZATION OF APPROPRIATIONS.—

24 There is authorized to be appropriated to carry out

25 this subsection $35,000,000.
38

S 2131 ES

1 (h) TRINITY RIVER AND TRIBUTARIES, TEXAS.—The

2 project for flood control and navigation, Trinity River and

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

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

5 add environmental restoration as a project purpose.

6 (i) BEACH EROSION CONTROL AND HURRICANE

7 PROTECTION, VIRGINIA BEACH, VIRGINIA.—

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

9 year that the Corps of Engineers does not receive

10 appropriations sufficient to meet expected project ex11 penditures for that year, the Secretary shall accept

12 from the city of Virginia Beach, Virginia, for pur13 poses of the project for beach erosion control and

14 hurricane protection, Virginia Beach, Virginia, au15 thorized by section 501(a) of the Water Resources

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

17 funds as the city may advance for the project.

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

19 appropriations, the Secretary shall repay, without in20 terest, the amount of any advance made under para21 graph (1), from appropriations that may be provided

22 by Congress for river and harbor, flood control,

23 shore protection, and related projects.

24 (j) ELIZABETH RIVER, CHESAPEAKE, VIRGINIA.—

25 Notwithstanding any other provision of law, after the date
39

S 2131 ES

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

2 shall not be obligated to make the annual cash contribu3 tion required under paragraph 1(9) of the Local Coopera4 tion Agreement dated December 12, 1978, between the

5 Government and the city for the project for navigation,

6 southern branch of Elizabeth River, Chesapeake, Virginia.

7 (k) PAYMENT OPTION, MOOREFIELD, WEST VIR8 GINIA.—The Secretary may permit the non-Federal inter9 ests for the project for flood control, Moorefield, West Vir10 ginia, to pay without interest the remaining non-Federal

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

12 by the Secretary.

13 (l) MIAMI DADE AGRICULTURAL AND RURAL LAND

14 RETENTION PLAN AND SOUTH BISCAYNE, FLORIDA.—

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

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

17 the end the following:

18 ‘‘(D) CREDIT AND REIMBURSEMENT OF

19 PAST AND FUTURE ACTIVITIES.—The Secretary

20 may afford credit to or reimburse the non-Fed21 eral sponsors (using funds authorized by sub22 paragraph (C)) for the reasonable costs of any

23 work that has been performed or will be per24 formed in connection with a study or activity
40

S 2131 ES

1 meeting the requirements of subparagraph (A)

2 if—

3 ‘‘(i) the Secretary determines that—

4 ‘‘(I) the work performed by the

5 non-Federal sponsors will substan6 tially expedite completion of a critical

7 restoration project; and

8 ‘‘(II) the work is necessary for a

9 critical restoration project; and

10 ‘‘(ii) the credit or reimbursement is

11 granted pursuant to a project-specific

12 agreement that prescribes the terms and

13 conditions of the credit or reimburse14 ment.’’.

15 (m) LAKE MICHIGAN, ILLINOIS.—

16 (1) IN GENERAL.—The project for storm dam17 age reduction and shoreline protection, Lake Michi18 gan, Illinois, from Wilmette, Illinois, to the Illinois19 Indiana State line, authorized by section 101(a)(12)

20 of the Water Resources Development Act of 1996

21 (110 Stat. 3664), is modified to provide for reim22 bursement for additional project work undertaken by

23 the non-Federal interest.

24 (2) CREDIT OR REIMBURSEMENT.—The Sec25 retary shall credit or reimburse the non-Federal in-
41

S 2131 ES

1 terest for the Federal share of project costs incurred

2 by the non-Federal interest in designing, construct3 ing, or reconstructing reach 2F (700 feet south of

4 Fullerton Avenue and 500 feet north of Fullerton

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

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

7 non-Federal interest carries out the work in accord8 ance with plans approved by the Secretary, at an es9 timated total cost of $83,300,000.

10 (3) REIMBURSEMENT.—The Secretary shall re11 imburse the non-Federal interest for the Federal

12 share of project costs incurred by the non-Federal

13 interest in reconstructing the revetment structures

14 protecting Solidarity Drive in Chicago, Illinois, be15 fore the signing of the project cooperation agree16 ment, at an estimated total cost of $7,600,000.

17 (n) MEASUREMENTS OF LAKE MICHIGAN DIVER18 SIONS, ILLINOIS.—Section 1142(b) of the Water Re19 sources Development Act of 1986 (100 Stat. 4253) is

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

21 fiscal year beginning after September 30, 1986’’ and in22 serting ‘‘a total of $1,250,000 for each of fiscal years

23 1999 through 2003’’.

24 (o) PROJECT FOR NAVIGATION, DUBUQUE, IOWA.—

25 The project for navigation at Dubuque, Iowa, authorized
42

S 2131 ES

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

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

3 a wetland demonstration area of approximately 1.5 acres

4 to be developed and operated by the Dubuque County His5 torical Society or a successor nonprofit organization.

6 (p) LOUISIANA STATE PENITENTIARY LEVEE.—The

7 Secretary may credit against the non-Federal share work

8 performed in the project area of the Louisiana State Peni9 tentiary Levee, Mississippi River, Louisiana, authorized by

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

11 of 1986 (100 Stat. 4117).

12 (q) JACKSON COUNTY, MISSISSIPPI.—The project for

13 environmental infrastructure, Jackson County, Mis14 sissippi, authorized by section 219(c)(5) of the Water Re15 sources Development Act of 1992 (106 Stat. 4835) and

16 modified by section 504 of the Water Resources Develop17 ment Act of 1996 (110 Stat. 3757), is modified to direct

18 the Secretary to provide a credit, not to exceed

19 $5,000,000, against the non-Federal share of the cost of

20 the project for the costs incurred by the Jackson County

21 Board of Supervisors since February 8, 1994, in con22 structing the project, if the Secretary determines that such

23 costs are for work that the Secretary determines was com24 patible with and integral to the project.
43

S 2131 ES

1 (r) RICHARD B. RUSSELL DAM AND LAKE, SOUTH

2 CAROLINA.—

3 (1) IN GENERAL.—Except as otherwise pro4 vided in this paragraph, the Secretary shall convey

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

6 interest of the United States in the parcels of land

7 described in subparagraph (B) that are currently

8 being managed by the South Carolina Department

9 of Natural Resources for fish and wildlife mitigation

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

11 South Carolina, project authorized by the Flood

12 Control Act of 1966 and modified by the Water Re13 sources Development Act of 1986.

14 (2) LAND DESCRIPTION.—

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

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

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

18 and associated supplemental agreements or are

19 designated in red in Exhibit A of Army License

20 No. DACW21–3–85–1904, excluding all des21 ignated parcels in the license that are below ele22 vation 346 feet mean sea level or that are less

23 than 300 feet measured horizontally from the

24 top of the power pool.
44

S 2131 ES

1 (B) MANAGEMENT OF EXCLUDED PAR2 CELS.—Management of the excluded parcels

3 shall continue in accordance with the terms of

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

5 the Secretary and the State enter into an agree6 ment under subparagraph (F).

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

8 description of the land shall be determined by

9 a survey satisfactory to the Secretary, with the

10 cost of the survey borne by the State.

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

12 be responsible for all costs, including real estate

13 transaction and environmental compliance costs, as14 sociated with the conveyance.

15 (4) PERPETUAL STATUS.—

16 (A) IN GENERAL.—All land conveyed

17 under this paragraph shall be retained in public

18 ownership and shall be managed in perpetuity

19 for fish and wildlife mitigation purposes in ac20 cordance with a plan approved by the Secretary.

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

22 not managed for fish and wildlife mitigation

23 purposes in accordance with such plan, title to

24 the parcel shall revert to the United States.
45

S 2131 ES

1 (5) ADDITIONAL TERMS AND CONDITIONS.—

2 The Secretary may require such additional terms

3 and conditions in connection with the conveyance as

4 the Secretary considers appropriate to protect the

5 interests of the United States.

6 (6) FISH AND WILDLIFE MITIGATION AGREE7 MENT.—

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

9 the State of South Carolina not more than

10 $4,850,000 subject to the Secretary and the

11 State entering into a binding agreement for the

12 State to manage for fish and wildlife mitigation

13 purposes in perpetuity the lands conveyed under

14 this paragraph and excluded parcels designated

15 in Exhibit A of Army License No. DACW21–

16 3–85–1904.

17 (B) FAILURE OF PERFORMANCE.—The

18 agreement shall specify the terms and condi19 tions under which payment will be made and

20 the rights of, and remedies available to, the

21 Federal Government to recover all or a portion

22 of the payment if the State fails to manage any

23 parcel in a manner satisfactory to the Sec24 retary.
46

S 2131 ES

1 (s) LAND CONVEYANCE, CLARKSTON, WASHING2 TON.—

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

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

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

6 of the land described in the Department of the Army

7 lease No. DACW68–1–97–22, consisting of approxi8 mately 31 acres, the exact boundaries of which shall

9 be determined by the Secretary and the Port of

10 Clarkston.

11 (2) The Secretary may convey to the Port of

12 Clarkston, Washington, at fair market value as de13 termined by the Secretary, such additional land lo14 cated in the vicinity of Clarkston, Washington, as

15 the Secretary determines to be excess to the needs

16 of the Columbia River Project and appropriate for

17 conveyance.

18 (3) TERMS AND CONDITIONS.—The conveyances

19 made under subsections (a) and (b) 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 com-
47

S 2131 ES

1 pliance with applicable environmental laws and regu2 lations.

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

4 shall be required to pay the fair market value, as de5 termined by the Secretary, of any land conveyed

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

7 public ownership or is used for other than public

8 park or recreation purposes, except that the Sec9 retary shall have a right of reverter to reclaim pos10 session and title to any such land.

11 (t) WHITE RIVER, INDIANA.—The project for flood

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

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

14 Act authorizing the construction of certain public works

15 on rivers and harbors for flood control, and other pur16 poses’’, approved June 22, 1936 (49 Stat. 1586, chapter

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

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

19 to authorize the Secretary to undertake the riverfront al20 terations described in the Central Indianapolis Waterfront

21 Concept Plan, dated February 1994, for the Canal Devel22 opment (Upper Canal feature) and the Beveridge Paper

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

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

25 $12,500,000 is the estimated non-Federal cost, except
48

S 2131 ES

1 that no such alterations may be undertaken unless the

2 Secretary determines that the alterations authorized by

3 this subsection, in combination with the alterations under4 taken under section 323 of the Water Resources Develop5 ment Act of 1996 (110 Stat. 3716), are economically justi6 fied.

7 (u) FOX POINT HURRICANE BARRIER, PROVIDENCE,

8 RHODE ISLAND.—The project for hurricane-flood protec9 tion, Fox Point, Providence, Rhode Island, authorized by

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

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

12 necessary repairs to the barrier, as identified in the Condi13 tion Survey and Technical Assessment dated April 1998

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

15 $3,000,000, with an estimated Federal cost of $1,950,000

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

17 SEC. 104. PROJECT DEAUTHORIZATIONS.

18 (a) BRIDGEPORT HARBOR, CONNECTICUT.—The por19 tion of the project for navigation, Bridgeport Harbor,

20 Connecticut, authorized by section 101 of the River and

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

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

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

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

25 date of enactment of this Act.
49

S 2131 ES

1 (b) BASS HARBOR, MAINE.—

2 (1) DEAUTHORIZATION.—The portions of the

3 project for navigation, Bass Harbor, Maine, author4 ized on May 7, 1962, under section 107 of the River

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

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

7 of enactment of this Act.

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

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

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

11 N149040.00, E538505.00, thence running eas12 terly about 50.00 feet along the northern limit

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

14 E538550.11, thence running southerly about

15 642.08 feet to a point, N148477.64,

16 E538817.18, thence running southwesterly

17 about 156.27 feet to a point on the westerly

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

19 thence running northerly about 149.00 feet

20 along the westerly limit of the project to a bend

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

22 thence running northwesterly about 610.39 feet

23 along the westerly limit of the project to the

24 point of origin.
50

S 2131 ES

1 (B) Beginning at a point on the westerly

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

3 thence running southeasterly about 91.92 feet

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

5 running southerly about 65.00 feet to a point,

6 N147977.86, E538725.51, thence running

7 southwesterly about 91.92 feet to a point on the

8 westerly limit of the project, N147927.84,

9 E538648.39, thence running northerly about

10 195.00 feet along the westerly limit of the

11 project to the point of origin.

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

13 navigation, Boothbay Harbor, Maine, authorized by the

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

15 authorized after the date of enactment of this Act.

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

17 of the Water Resources Development Act of 1996 (110

18 Stat. 3731) is amended by striking paragraph (9) and in19 serting the following:

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

21 project for navigation, East Boothbay Harbor,

22 Maine, authorized by the first section of the Act en23 titled ‘An Act making appropriations for the con24 struction, repair, and preservation of certain public
51

S 2131 ES

1 works on rivers and harbors, and for other pur2 poses’, approved June 25, 1910 (36 Stat. 657).’’.

3 SEC. 105. STUDIES.

4 (a) BALDWIN COUNTY, ALABAMA, WATERSHEDS.—

5 The Secretary of the Army shall review the report of the

6 Chief of Engineers on the Alabama Coast published as

7 House Document 108, 90th Congress, 1st Session, and

8 other pertinent reports, with a view to determining wheth9 er modifications of the recommendations contained in the

10 House Document are advisable at this time in the interest

11 of flood damage reduction, environmental restoration and

12 protection, water quality, and other purposes, with a spe13 cial emphasis on determining the advisability of developing

14 a comprehensive coordinated watershed management plan

15 for the development, conservation, and utilization of water

16 and related land resources in the watersheds in Baldwin

17 County, Alabama.

18 (b) ESCAMBIA RIVER, ALABAMA AND FLORIDA.—

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

20 the report of the Chief of Engineers on the

21 Escambia River, Alabama and Florida, published as

22 House Document 350, 71st Congress, 2d Session,

23 and other pertinent reports, to determine whether

24 modifications of any of the recommendations con25 tained in the House Document are advisable at this
52

S 2131 ES

1 time with particular reference to Burnt Corn Creek

2 and Murder Creek in the vicinity of Brewton, and

3 East Brewton, Alabama, and the need for flood con4 trol, floodplain evacuation, flood warning and pre5 paredness, environmental restoration and protection,

6 and bank stabilization in those areas.

7 (2) COORDINATION.—The review shall be co8 ordinated with plans of other local and Federal

9 agencies.

10 (c) CADDO LEVEE, RED RIVER BELOW DENISON

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

12 The Secretary shall conduct a study to determine the fea13 sibility of undertaking a project for flood control, Caddo

14 Levee, Red River Below Denison Dam, Arizona, Louisi15 ana, Oklahoma, and Texas, including incorporating the ex16 isting levee, along Twelve Mile Bayou from its juncture

17 with the existing Red River Below Denison Dam Levee

18 approximately 26 miles upstream to its terminus at high

19 ground in the vicinity of Black Bayou, Louisiana.

20 (d) FIELDS LANDING CHANNEL, HUMBOLDT HAR21 BOR, CALIFORNIA.—The Secretary—

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

23 navigation, Fields Landing Channel, Humboldt Har24 bor and Bay, California, to a depth of minus 35 feet

25 (MLLW), and for that purpose may use any feasibil-
53

S 2131 ES

1 ity report prepared by the non-Federal sponsor

2 under section 203 of the Water Resources Develop3 ment Act of 1986 (33 U.S.C. 2231) for which reim4 bursement of the Federal share of the study is au5 thorized subject to the availability of appropriations;

6 and

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

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

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

10 feasible.

11 (e) STRAWBERRY CREEK, BERKELEY, CALIFOR12 NIA.—The Secretary shall conduct a study to determine

13 the feasibility of restoring Strawberry Creek, Berkeley,

14 California, and the Federal interest in environmental res15 toration, conservation of fish and wildlife resources, recre16 ation, and water quality.

17 (f) WEST SIDE STORM WATER RETENTION FACIL18 ITY, CITY OF LANCASTER, CALIFORNIA.—The Secretary

19 shall conduct a study to determine the feasibility of under20 taking measures to construct the West Side Storm Water

21 Retention Facility in the city of Lancaster, California.

22 (g) APALACHICOLA RIVER, FLORIDA.—The Secretary

23 shall conduct a study for the purpose of identifying—

24 (1) alternatives for the management of material

25 dredged in connection with operation and mainte-
54

S 2131 ES

1 nance of the Apalachicola River Navigation Project;

2 and

3 (2) alternatives that reduce the requirements

4 for such dredging.

5 (h) BROWARD COUNTY, SAND BYPASSING AT PORT

6 EVERGLADES, FLORIDA.—The Secretary shall conduct a

7 study to determine the feasibility of constructing a sand

8 bypassing project at the Port Everglades Inlet, Florida.

9 (i) CITY OF DESTIN-NORIEGA POINT BREAKWATER,

10 FLORIDA.—The Secretary shall conduct a study to deter11 mine the feasibility of—

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

13 a breakwater for Destin Harbor; and

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

15 Pass, Florida, navigation project.

16 (j) GATEWAY TRIANGLE REDEVELOPMENT AREA,

17 FLORIDA.—

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

19 a study to determine the feasibility of undertaking

20 measures to reduce the flooding problems in the vi21 cinity of Gateway Triangle Redevelopment Area,

22 Florida.

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

24 include a review and consideration of studies and re25 ports completed by the non-Federal interests.
55

S 2131 ES

1 (k) HILLSBOROUGH RIVER, WITHLACOOCHEE RIVER

2 BASINS, FLORIDA.—The Secretary shall conduct a study

3 to identify appropriate measures that can be undertaken

4 in the Green Swamp, Withlacoochee River, and the

5 Hillsborough River, the Water Triangle of west central

6 Florida, to address comprehensive watershed planning for

7 water conservation, water supply, restoration and protec8 tion of environmental resources, and other water resource9 related problems in the area.

10 (l) CITY OF PLANT CITY, FLORIDA.—

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

12 a study to determine the feasibility of a flood control

13 project in the city of Plant City, Florida.

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

15 study, the Secretary shall review and consider stud16 ies and reports completed by the non-Federal inter17 ests.

18 (m) ST. LUCIE COUNTY, FLORIDA, SHORE PROTEC19 TION.—The Secretary shall conduct a study to determine

20 the feasibility of a shore protection and hurricane and

21 storm damage reduction project to the shoreline areas in

22 St. Lucie County from the current project for Fort Pierce

23 Beach, Florida, southward to the Martin County line.

24 (n) SAINT JOSEPH RIVER, SOUTH BEND, INDI25 ANA.—The Secretary shall conduct a study to determine
56

S 2131 ES

1 the feasibility of undertaking erosion control, bank sta2 bilization, and flood control along the Saint Joseph River,

3 Indiana, including the South Bend Dam and the banks

4 of the East Bank and Island Park.

5 (o) ACADIANA NAVIGATION CHANNEL, LOUISIANA.—

6 The Secretary shall conduct a study to determine the fea7 sibility of assuming operations and maintenance for the

8 Acadiana Navigation Channel located in Iberia and Ver9 million Parishes, Louisiana.

10 (p) CAMERON PARISH WEST OF CALCASIEU RIVER,

11 LOUISIANA.—The Secretary shall conduct a study to de12 termine the feasibility of a storm damage reduction and

13 ecosystem restoration project for Cameron Parish west of

14 Calcasieu River, Louisiana.

15 (q) BENEFICIAL USE OF DREDGED MATERIAL,

16 COASTAL LOUISIANA.—The Secretary shall conduct a

17 study to determine the feasibility of using dredged mate18 rial from maintenance activities at Federal navigation

19 projects in coastal Louisiana to benefit coastal areas in

20 the State.

21 (r) CONTRABAND BAYOU NAVIGATION CHANNEL,

22 LOUISIANA.—The Secretary shall conduct a study to de23 termine the feasibility of assuming the maintenance at

24 Contraband Bayou, Calcasieu River Ship Canal, Louisi25 ana.
57

S 2131 ES

1 (s) GOLDEN MEADOW LOCK, LOUISIANA.—The Sec2 retary shall conduct a study to determine the feasibility

3 of converting the Golden Meadow floodgate into a naviga4 tion lock to be included in the Larose to Golden Meadow

5 Hurricane Protection Project, Louisiana.

6 (t) GULF INTRACOASTAL WATERWAY ECOSYSTEM

7 PROTECTION, CHEF MENTEUR TO SABINE RIVER, LOU8 ISIANA.—

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

10 a study to determine the feasibility of undertaking

11 ecosystem restoration and protection measures along

12 the Gulf Intracoastal Waterway from Chef Menteur

13 to Sabine River, Louisiana.

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

15 shall address saltwater intrusion, tidal scour, ero16 sion, and other water resources related problems in

17 that area.

18 (u) LAKE PONTCHARTRAIN, LOUISIANA, AND VICIN19 ITY, ST. CHARLES PARISH PUMPS.—The Secretary shall

20 conduct a study to determine the feasibility of modifying

21 the Lake Pontchartrain Hurricane Protection Project to

22 include the St. Charles Parish Pumps and the modifica23 tion of the seawall fronting protection along Lake Pont24 chartrain in Orleans Parish, from New Basin Canal on
58

S 2131 ES

1 the west to the Inner Harbor Navigation Canal on the

2 east.

3 (v) LAKE PONTCHARTRAIN AND VICINITY SEAWALL

4 RESTORATION, LOUISIANA.—The Secretary shall conduct

5 a study to determine the feasibility of undertaking struc6 tural modifications of that portion of the seawall fronting

7 protection along the south shore of Lake Pontchartrain

8 in Orleans Parish, Louisiana, extending approximately 5

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

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

11 Pontchartrain and Vicinity Hurricane Protection Project,

12 authorized by section 204 of the Flood Control Act of

13 1965 (79 Stat. 1077).

14 (w) LOUISIANA STATE PENITENTIARY LEVEE.—The

15 Secretary shall conduct a study of the impacts of crediting

16 the non-Federal interests for work performed in the

17 project area of the Louisiana State Penitentiary Levee.

18 (x) DETROIT RIVER, MICHIGAN, GREENWAY COR19 RIDOR STUDY.—

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

21 a study to determine the feasibility of a project for

22 shoreline protection, frontal erosion, and associated

23 purposes in the Detroit River shoreline area from

24 the Belle Isle Bridge to the Ambassador Bridge in

25 Detroit, Michigan.
59

S 2131 ES

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

2 the study, the Secretary shall review potential

3 project modifications to any existing Corps projects

4 within the same area.

5 (y) ST. CLAIR SHORES FLOOD CONTROL, MICHI6 GAN.—The Secretary shall conduct a study to determine

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

8 Clair Shores, Michigan.

9 (z) TUNICA LAKE WEIR, MISSISSIPPI.—

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

11 a study to determine the feasibility of constructing

12 an outlet weir at Tunica Lake, Tunica County, Mis13 sissippi, and Lee County, Arkansas, for the purpose

14 of stabilizing water levels in the Lake.

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

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

17 economic analysis the benefits derived from recre18 ation uses at the Lake and economic benefits associ19 ated with restoration of fish and wildlife habitat.

20 (aa) PROTECTIVE FACILITIES FOR THE ST. LOUIS,

21 MISSOURI, RIVERFRONT AREA.—

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

23 study to determine the optimal plan to protect facili24 ties that are located on the Mississippi River river25 front within the boundaries of St. Louis, Missouri.
60

S 2131 ES

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

2 the Secretary shall—

3 (A) evaluate alternatives to offer safety

4 and security to facilities; and

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

6 evaluate the current situation, probable solu7 tions, and estimated costs.

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

9 the Secretary shall submit to Congress a report on

10 the results of the study.

11 (bb) YELLOWSTONE RIVER, MONTANA.—

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

13 comprehensive study of the Yellowstone River from

14 Gardiner, Montana to the confluence of the Missouri

15 River to determine the hydrologic, biological, and so16 cioeconomic cumulative impacts on the river.

17 (2) CONSULTATION AND COORDINATION.—The

18 Secretary shall conduct the study in consultation

19 with the United States Fish and Wildlife Service,

20 the United States Geological Survey, and the Natu21 ral Resources Conservation Service and with the full

22 participation of the State of Montana and tribal and

23 local entities, and provide for public participation.

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

25 date of enactment of this Act, the Secretary shall
61

S 2131 ES

1 submit a report to Congress on the results of the

2 study.

3 (cc) LAS VEGAS VALLEY, NEVADA.—

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

5 a comprehensive study of water resources located in

6 the Las Vegas Valley, Nevada.

7 (2) OBJECTIVES.—The study shall identify

8 problems and opportunities related to ecosystem res9 toration, water quality, particularly the quality of

10 surface runoff, water supply, and flood control.

11 (dd) CAMDEN AND GLOUCESTER COUNTIES, NEW

12 JERSEY, STREAMS AND WATERSHEDS.—The Secretary

13 shall conduct a study to determine the feasibility of under14 taking ecosystem restoration, floodplain management,

15 flood control, water quality control, comprehensive water16 shed management, and other allied purposes along tribu17 taries of the Delaware River, Camden County and

18 Gloucester County, New Jersey.

19 (ee) OSWEGO RIVER BASIN, NEW YORK.—The Sec20 retary shall conduct a study to determine the feasibility

21 of establishing a flood forecasting system within the

22 Oswego River basin, New York.

23 (ff) PORT OF NEW YORK-NEW JERSEY NAVIGATION

24 STUDY AND ENVIRONMENTAL RESTORATION STUDY.—
62

S 2131 ES

1 (1) NAVIGATION STUDY.—The Secretary shall

2 conduct a comprehensive study of navigation needs

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

4 South Brooklyn Marine and Red Hook Container

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

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

11 (2) ENVIRONMENTAL RESTORATION STUDY.—

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

15 House Management Plan of the Harbor Estuary

16 Program, and other pertinent reports concerning the

17 New York Harbor Region and the Port of New

18 York-New Jersey, to determine the Federal interest

19 in advancing harbor environmental restoration.

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

21 from the ongoing navigation study for New York

22 and New Jersey Harbor to complete a reconnais23 sance report for environmental restoration by De24 cember 31, 1999. The navigation study to deepen
63

S 2131 ES

1 New York and New Jersey Harbor shall consider

2 beneficial use of dredged material.

3 (gg) BANK STABILIZATION, MISSOURI RIVER,

4 NORTH DAKOTA.—

5 (1) STUDY.—

6 (A) IN GENERAL.—The Secretary shall

7 conduct a study to determine the feasibility of

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

10 North Dakota.

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

12 the Secretary shall study—

13 (i) options for stabilizing the erosion

14 sites on the banks of the Missouri River

15 between the Garrison Dam and Lake Oahe

16 identified in the report developed by the

17 North Dakota State Water Commission,

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

20 (ii) the cumulative impact of bank

21 stabilization measures between the Garri22 son Dam and Lake Oahe on fish and wild23 life habitat and the potential impact of ad24 ditional stabilization measures, including
64

S 2131 ES

1 the impact of nontraditional stabilization

2 measures;

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

5 habitat effects, that bank erosion is having

6 on creating the delta at the beginning of

7 Lake Oahe; and

8 (iv) the impact of taking no additional

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

11 Lake Oahe.

12 (C) INTERESTED PARTIES.—In conducting

13 the study, the Secretary shall, to the maximum

14 extent practicable, seek the participation and

15 views of interested Federal, State, and local

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

18 (D) REPORT.—

19 (i) IN GENERAL.—The Secretary shall

20 report to Congress on the results of the

21 study not later than 1 year after the date

22 of enactment of this Act.

23 (ii) STATUS.—If the Secretary cannot

24 complete the study and report to Congress

25 by the day that is 1 year after the date of
65

S 2131 ES

1 enactment of this Act, the Secretary shall,

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

4 estimate of the date of completion.

5 (2) EFFECT ON EXISTING PROJECTS.—This

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

8 is authorized by law.

9 (hh) SANTEE DELTA WETLAND HABITAT, SOUTH

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

11 enactment of this Act, the Secretary shall complete a com12 prehensive study of the ecosystem in the Santee Delta

13 focus area of South Carolina to determine the feasibility

14 of undertaking measures to enhance the wetland habitat

15 in the area.

16 (ii) WACCAMAW RIVER, SOUTH CAROLINA.—The

17 Secretary shall conduct a study to determine the feasibility

18 of a flood control project for the Waccamaw River in

19 Horry County, South Carolina.

20 (jj) UPPER SUSQUEHANNA-LACKAWANNA, PENNSYL21 VANIA, WATERSHED MANAGEMENT AND RESTORATION

22 STUDY.—

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

24 a study to determine the feasibility of a comprehen25 sive flood plain management and watershed restora-
66

S 2131 ES

1 tion project for the Upper Susquehanna-Lacka2 wanna Watershed, Pennsylvania.

3 (2) GEOGRAPHIC INFORMATION SYSTEM.—In

4 conducting the study, the Secretary shall use a geo5 graphic information system.

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

7 for comprehensive flood plain management and envi8 ronmental restoration.

9 (4) CREDITING.—Non-Federal interests may re10 ceive credit for in-kind services and materials that

11 contribute to the study. The Secretary may credit

12 non-Corps Federal assistance provided to the non13 Federal interest toward the non-Federal share of

14 study costs to the maximum extent authorized by

15 law.

16 (kk) NIOBRARA RIVER AND MISSOURI RIVER SEDI17 MENTATION STUDY, SOUTH DAKOTA.—The Secretary

18 shall conduct a study of the Niobrara River watershed and

19 the operations of Fort Randall Dam and Gavins Point

20 Dam on the Missouri River to determine the feasibility

21 of alleviating the bank erosion, sedimentation, and related

22 problems in the lower Niobrara River and the Missouri

23 River below Fort Randall Dam.

24 (ll) SANTA CLARA RIVER, UTAH.—
67

S 2131 ES

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

2 a study to determine the feasibility of undertaking

3 measures to alleviate damage caused by flooding,

4 bank erosion, and sedimentation along the watershed

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

6 Reservoir.

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

8 analysis of watershed conditions and water quality,

9 as related to flooding and bank erosion, along the

10 Santa Clara River in the vicinity of the town of

11 Gunlock, Utah.

12 (mm) CITY OF OCEAN SHORES SHORE PROTECTION

13 PROJECT, WASHINGTON.—The Secretary shall conduct a

14 study to determine the feasibility of undertaking a project

15 for beach erosion and flood control, including relocation

16 of a primary dune and periodic nourishment, at Ocean

17 Shores, Washington.

18 (nn) AGAT SMALL BOAT HARBOR, GUAM.—The Sec19 retary shall conduct a study to determine the feasibility

20 of undertaking the repair and reconstruction of Agat

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

22 shore protection measures and construction or a revetment

23 of the breakwater seawall.

24 (oo) APRA HARBOR SEAWALL, GUAM.—The Sec25 retary shall conduct a study to determine the feasibility
68

S 2131 ES

1 of undertaking measures to repair, upgrade, and extend

2 the seawall protecting Apra Harbor, Guam, and to ensure

3 continued access to the harbor via Route 11B.

4 (pp) APRA HARBOR FUEL PIERS, GUAM.—The Sec5 retary shall conduct a study to determine the feasibility

6 of undertaking measures to upgrade the piers and fuel

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

8 Guam, and measures to provide for erosion control and

9 protection against storm damage.

10 (qq) MAINTENANCE DREDGING OF HARBOR PIERS,

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

12 the feasibility of Federal maintenance of areas adjacent

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

14 Harbor, and Agana Marina.

15 (rr) ALTERNATIVE WATER SOURCES STUDY.—

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

17 Environmental Protection Agency shall conduct a

18 study of the water supply needs of States that are

19 not currently eligible for assistance under title XVI

20 of the Reclamation Projects Authorization and Ad21 justment Act of 1992 (43 U.S.C. 390h et seq.).

22 (2) REQUIREMENTS.—The study shall—

23 (A) identify the water supply needs (in24 cluding potable, commercial, industrial, rec25 reational and agricultural needs) of each State
69

S 2131 ES

1 described in paragraph (1) through 2020, mak2 ing use of such State, regional, and local plans,

3 studies, and reports as are available;

4 (B) evaluate the feasibility of various alter5 native water source technologies such as reuse

6 and reclamation of wastewater and stormwater

7 (including indirect potable reuse), aquifer stor8 age and recovery, and desalination to meet the

9 anticipated water supply needs of the States;

10 and

11 (C) assess how alternative water sources

12 technologies can be utilized to meet the identi13 fied needs.

14 (3) REPORT.—The Administrator shall report

15 to Congress on the results of the study not more

16 than 180 days after the date of enactment of this

17 Act.

18 SEC. 106. FLOOD HAZARD MITIGATION AND RIVERINE ECO19 SYSTEM RESTORATION PROGRAM.

20 (a) IN GENERAL.—

21 (1) AUTHORIZATION.—The Secretary may carry

22 out a program to reduce flood hazards and restore

23 the natural functions and values of riverine eco24 systems throughout the United States.
70

S 2131 ES

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

2 the Secretary shall conduct studies to identify appro3 priate flood damage reduction, conservation, and

4 restoration measures and may design and implement

5 watershed management and restoration projects.

6 (3) PARTICIPATION.—The studies and projects

7 carried out under the program shall be conducted, to

8 the extent practicable, with the full participation of

9 the appropriate Federal agencies, including the De10 partment of Agriculture, the Federal Emergency

11 Management Agency, the Department of the Inte12 rior, the Environmental Protection Agency, and the

13 Department of Commerce.

14 (4) NONSTRUCTURAL APPROACHES.—The stud15 ies and projects shall, to the extent practicable, em16 phasize nonstructural approaches to preventing or

17 reducing flood damages.

18 (b) COST-SHARING REQUIREMENTS.—

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

20 under subsection (a) shall be shared in accordance

21 with section 105 of the Water Resources Develop22 ment Act of 1986 (33 Stat. 2215).

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

24 shall pay 35 percent of the cost of any project car25 ried out under this section.
71

S 2131 ES

1 (3) IN-KIND CONTRIBUTIONS.—The non-Fed2 eral interests shall provide all land, easements,

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

4 relocations necessary for the projects. The value of

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

6 disposal areas, and relocations shall be credited to7 ward the payment required under this subsection.

8 (4) RESPONSIBILITIES OF THE NON-FEDERAL

9 INTERESTS.—The non-Federal interests shall be re10 sponsible for all costs associated with operating,

11 maintaining, replacing, repairing, and rehabilitating

12 all projects carried out under this section.

13 (c) PROJECT JUSTIFICATION.—

14 (1) IN GENERAL.—The Secretary may imple15 ment a project under this section if the Secretary

16 determines that the project—

17 (A) will significantly reduce potential flood

18 damages;

19 (B) will improve the quality of the environ20 ment; and

21 (C) is justified considering all costs and

22 beneficial outputs of the project.

23 (2) SELECTION CRITERIA; POLICIES AND PRO24 CEDURES.—Not later than 180 days after the date

25 of enactment of this Act, the Secretary shall—
72

S 2131 ES

1 (A) develop criteria for selecting and rating

2 the projects to be carried out as part of the

3 program authorized by this section; and

4 (B) establish policies and procedures for

5 carrying out the studies and projects under6 taken under this section.

7 (d) REPORTING REQUIREMENT.—The Secretary may

8 not implement a project under this section until—

9 (1) the Secretary provides to the Committee on

10 Environment and Public Works of the Senate and

11 the Committee on Transportation and Infrastructure

12 of the House of Representatives a written notifica13 tion describing the project and the determinations

14 made under subsection (c); and

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

16 following the date on which the notification was re17 ceived by the Committees.

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

19 the Secretary shall examine the potential for flood damage

20 reductions at appropriate locations, including—

21 (1) Le May, Missouri;

22 (2) upper Delaware River basin, New York;

23 (3) Tillamook County, Oregon;

24 (4) Providence County, Rhode Island; and

25 (5) Willamette River basin, Oregon.
73

S 2131 ES

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

2 $25,000,000 in Army Civil Works appropriations may be

3 expended on any single project undertaken under this sec4 tion.

5 (g) AUTHORIZATION OF APPROPRIATIONS.—

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

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

8 for the period of fiscal years 2000 and 2001.

9 (2) PROGRAM FUNDING LEVELS.—All studies

10 and projects undertaken under this authority from

11 Army Civil Works appropriations shall be fully fund12 ed within the program funding levels provided in this

13 subsection.

14 SEC. 107. SHORE PROTECTION.

15 Section 103(d) of the Water Resources Development

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

17 (1) by striking ‘‘Costs of constructing’’ and in18 serting the following:

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

20 and

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

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

23 a project authorized for construction after December

24 31, 1998, or for which a feasibility study is com25 pleted after that date, the non-Federal cost of the
74

S 2131 ES

1 periodic nourishment of projects or measures for

2 shore protection or beach erosion control shall be 50

3 percent, except that—

4 ‘‘(A) all costs assigned to benefits to pri5 vately owned shores (where use of such shores

6 is limited to private interests) or to prevention

7 of losses of private land shall be borne by non8 Federal interests; and

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

10 federally owned shores shall be borne by the

11 United States.’’.

12 SEC. 108. SMALL FLOOD CONTROL AUTHORITY.

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

14 U.S.C. 701s) is amended—

15 (1) in the first sentence, by striking ‘‘construc16 tion of small projects’’ and inserting ‘‘implementa17 tion of small structural and nonstructural projects’’;

18 and

19 (2) in the third sentence, by striking

20 ‘‘$5,000,000’’ and inserting ‘‘$7,000,000’’.

21 SEC. 109. USE OF NON-FEDERAL FUNDS FOR COMPILING

22 AND DISSEMINATING INFORMATION ON

23 FLOODS AND FLOOD DAMAGES.

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

25 U.S.C. 709a(b)) is amended in the third sentence by in-
75

S 2131 ES

1 serting before the period at the end the following: ‘‘, but

2 the Secretary of the Army may accept funds voluntarily

3 contributed by such entities for the purpose of expanding

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

5 SEC. 110. EVERGLADES AND SOUTH FLORIDA ECOSYSTEM

6 RESTORATION.

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

8 of the Water Resources Development Act of 1996 (110

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

10 ‘‘2000’’.

11 SEC. 111. AQUATIC ECOSYSTEM RESTORATION.

12 Section 206(c) of the Water Resources Development

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

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

15 the following:

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

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

18 ‘‘(2) NONPROFIT ENTITIES.—Notwithstanding

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

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

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

22 nonprofit entity, with the consent of the affected

23 local government.’’.
76

S 2131 ES

1 SEC. 112. 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. 113. 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. 114. 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)).
77

S 2131 ES

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.
78

S 2131 ES

1 SEC. 115. 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. 116. 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,
79

S 2131 ES

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;
80

S 2131 ES

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 mon10 itoring 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
81

S 2131 ES

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;
82

S 2131 ES

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 carry7 ing out the activities described in subsections (b) and (c),

8 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.
83

S 2131 ES

1 SEC. 117. 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 AT

10 SANDBRIDGE BEACH, VIRGINIA BEACH, VIRGINIA.—Any

11 amounts paid by the non-Federal interests for beach ero12 sion control and hurricane protection, Sandbridge Beach,

13 Virginia Beach, Virginia, as a result of an assessment

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

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

16 SEC. 118. ENVIRONMENTAL DREDGING.

17 Section 312(f) of the Water Resources Development

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

19 at the end the following:

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

21 SEC. 119. BENEFIT OF PRIMARY FLOOD DAMAGES AVOIDED

22 INCLUDED IN BENEFIT-COST ANALYSIS.

23 Section 308 of the Water Resources Development Act

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

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

26 ‘‘BENEFIT-COST ANALYSIS’’ and inserting ‘‘ELE-
84

S 2131 ES

1 MENTS EXCLUDED FROM COST-BENEFIT ANALY2 SIS’’;

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

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

5 (3) by inserting after subsection (a) the follow6 ing:

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. 120. 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. 121. 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:
85

S 2131 ES

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, Califor6 nia.

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

8 Valley recycled water project, San Ramon, Califor9 nia.’’.

10 SEC. 122. 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.
86

S 2131 ES

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 follow12 ing:

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. 123. 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:
87

S 2131 ES

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. 124. DREDGING OF SALT PONDS IN THE STATE OF

9 RHODE ISLAND.

10 The Secretary may acquire for the State of Rhode

11 Island a dredge and associated equipment with the capac12 ity to dredge approximately 100 cubic yards per hour for

13 use by the State in dredging salt ponds in the State.

14 SEC. 125. UPPER SUSQUEHANNA RIVER BASIN, PENNSYL15 VANIA AND NEW YORK.

16 Section 567(a) of the Water Resources Development

17 Act of 1996 (110 Stat. 3787) is amended by adding at

18 the end the following:

19 ‘‘(3) The Chemung River watershed, New York,

20 at an estimated Federal cost of $5,000,000.’’.

21 SEC. 126. SMALL FLOOD CONTROL PROJECTS.

22 Section 102 of the Water Resources Development Act

23 of 1996 (110 Stat. 3668) is amended—

24 (1) by redesignating paragraphs (15) through

25 (22) as paragraphs (16) through (23), respectively;
88

S 2131 ES

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. 127. 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 follow22 ing:

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

24 JERSEY.—Project for navigation for Fortescue Inlet,

25 Delaware Bay, New Jersey.’’.
89

S 2131 ES

1 SEC. 128. 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. 701s).

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. 129. 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
90

S 2131 ES

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. 130. 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, Connecti19 cut, and Lighthouse Point Park in New Haven, Connecti20 cut.

21 SEC. 131. 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,
91

S 2131 ES

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. 132. 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. 133. 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 Analy25 sis, dated February 1998, at a total cost of $15,000,000,
92

S 2131 ES

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. 134. SEDIMENTS DECONTAMINATION POLICY.

20 Section 405 of the Water Resources Development Act

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

22 amended—

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

24 following:
93

S 2131 ES

1 ‘‘(4) PRACTICAL END-USE PRODUCTS.—Tech2 nologies selected for demonstration at the pilot scale

3 shall result in practical end-use products.

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

5 Secretary shall assist the project to ensure expedi6 tious completion by providing sufficient quantities of

7 contaminated dredged material to conduct the full8 scale demonstrations to stated capacity.’’; and

9 (2) in subsection (c), by striking the first sen10 tence and inserting the following: ‘‘There is author11 ized to be appropriated to carry out this section a

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

13 technology commercialization, and the development

14 of full scale processing facilities within the New

15 York/New Jersey Harbor.’’.

16 SEC. 135. CITY OF MIAMI BEACH, FLORIDA.

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

18 (33 U.S.C. 426h), is amended by inserting before the

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

20 Beach, Florida’’.

21 SEC. 136. SMALL STORM DAMAGE REDUCTION PROJECTS.

22 Section 3 of the Act of August 13, 1946 (33 U.S.C.

23 426g), is amended by striking ‘‘$2,000,000’’ and inserting

24 ‘‘$3,000,000’’.
94

S 2131 ES

1 SEC. 137. 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. 138. 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;
95

S 2131 ES

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
96

S 2131 ES

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. 139. DISPOSAL OF DREDGED MATERIAL ON BEACHES.

17 Section 145 of the Water Resources Development Act

18 of 1976 (33 U.S.C. 426j) is amended in the first sentence

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

20 SEC. 140. FISH AND WILDLIFE MITIGATION.

21 Section 906(e) of the Water Resources Development

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

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

24 80 percent of the non-Federal share of such first costs
97

S 2131 ES

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

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

3 SEC. 141. UPPER MISSISSIPPI RIVER MANAGEMENT.

4 Section 1103 of the Water Resources Development

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

6 (1) in subsection (e)—

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

8 through the end of paragraph (2) and inserting

9 the following:

10 ‘‘(e) UNDERTAKINGS.—

11 ‘‘(1) IN GENERAL.—

12 ‘‘(A) AUTHORITY.—The Secretary, in con13 sultation with the Secretary of the Interior and

14 the States of Illinois, Iowa, Minnesota, Mis15 souri, and Wisconsin, is authorized to under16 take—

17 ‘‘(i) a program for the planning, con18 struction, and evaluation of measures for

19 fish and wildlife habitat rehabilitation and

20 enhancement; and

21 ‘‘(ii) implementation of a program of

22 long-term resource monitoring, computer23 ized data inventory and analysis, and ap24 plied research.
98

S 2131 ES

1 ‘‘(B) REQUIREMENTS FOR PROJECTS.—

2 Each project carried out under subparagraph

3 (A)(i) shall—

4 ‘‘(i) to the maximum extent prac5 ticable, simulate natural river processes;

6 ‘‘(ii) include an outreach and edu7 cation component; and

8 ‘‘(iii) on completion of the assessment

9 under subparagraph (D), address identified

10 habitat and natural resource needs.

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

12 out subparagraph (A), the Secretary shall cre13 ate an independent technical advisory commit14 tee to review projects, monitoring plans, and

15 habitat and natural resource needs assessments.

16 ‘‘(D) HABITAT AND NATURAL RESOURCE

17 NEEDS ASSESSMENT.—

18 ‘‘(i) AUTHORITY.—The Secretary is

19 authorized to undertake a systemic, river

20 reach, and pool scale assessment of habitat

21 and natural resource needs to serve as a

22 blueprint to guide habitat rehabilitation

23 and long-term resource monitoring.

24 ‘‘(ii) DATA.—The habitat and natural

25 resource needs assessment shall, to the
99

S 2131 ES

1 maximum extent practicable, use data in

2 existence at the time of the assessment.

3 ‘‘(iii) TIMING.—The Secretary shall

4 complete a habitat and natural resource

5 needs assessment not later than 3 years

6 after the date of enactment of this sub7 paragraph.

8 ‘‘(2) REPORTS.—On December 31, 2005, in

9 consultation with the Secretary of the Interior and

10 the States of Illinois, Iowa, Minnesota, Missouri, and

11 Wisconsin, the Secretary shall prepare and submit to

12 Congress a report that—

13 ‘‘(A) contains an evaluation of the pro14 grams described in paragraph (1);

15 ‘‘(B) describes the accomplishments of

16 each program;

17 ‘‘(C) includes results of a habitat and nat18 ural resource needs assessment; and

19 ‘‘(D) identifies any needed adjustments in

20 the authorization under paragraph (1) or the

21 authorized appropriations under paragraphs

22 (3), (4), and (5).’’;

23 (B) in paragraph (3)—

24 (i) by striking ‘‘paragraph (1)(A)’’

25 and inserting ‘‘paragraph (1)(A)(i)’’; and
100

S 2131 ES

1 (ii) by striking ‘‘Secretary not to ex2 ceed’’ and all that follows and inserting

3 ‘‘Secretary not to exceed $22,750,000 for

4 each of fiscal years 1999 through 2009.’’;

5 (C) in paragraph (4)—

6 (i) by striking ‘‘paragraph (1)(B)’’

7 and inserting ‘‘paragraph (1)(A)(ii)’’; and

8 (ii) by striking ‘‘$7,680,000’’ and all

9 that follows and inserting ‘‘$10,420,000

10 for each of fiscal years 1999 through

11 2009.’’;

12 (D) by striking paragraphs (5) and (6)

13 and inserting the following:

14 ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.—

15 There is authorized to be appropriated to carry out

16 paragraph (1)(C) not to exceed $350,000 for each of

17 fiscal years 1999 through 2009.

18 ‘‘(6) TRANSFER OF AMOUNTS.—

19 ‘‘(A) IN GENERAL.—For each fiscal year

20 beginning after September 30, 1992, the Sec21 retary, in consultation with the Secretary of the

22 Interior and the States of Illinois, Iowa, Min23 nesota, Missouri, and Wisconsin, may transfer

24 appropriated amounts between the programs
101

S 2131 ES

1 under clauses (i) and (ii) of paragraph (1)(A)

2 and paragraph (1)(C).

3 ‘‘(B) APPORTIONMENT OF COSTS.—In car4 rying out paragraph (1)(D), the Secretary may

5 apportion the costs equally between the pro6 grams authorized by paragraph (1)(A).’’; and

7 (E) in paragraph (7)—

8 (i) in subparagraph (A)—

9 (I) by inserting ‘‘(i)’’ after ‘‘para10 graph (1)(A)’’; and

11 (II) by inserting before the pe12 riod at the end the following: ‘‘and, in

13 the case of any project requiring non14 Federal cost sharing, the non-Federal

15 share of the cost of the project shall

16 be 35 percent’’; and

17 (ii) in subparagraph (B), by striking

18 ‘‘paragraphs (1)(B) and (1)(C) of this sub19 section’’ and inserting ‘‘paragraph

20 (1)(A)(ii)’’;

21 (2) in subsection (f)(2)—

22 (A) in subparagraph (A), by striking

23 ‘‘(A)’’; and

24 (B) by striking subparagraph (B); and

25 (3) by adding at the end the following:
102

S 2131 ES

1 ‘‘(k) ST. LOUIS AREA URBAN WILDLIFE HABITAT.—

2 The Secretary shall investigate and, if appropriate, carry

3 out restoration of urban wildlife habitat, with a special

4 emphasis on the establishment of greenways in the St.

5 Louis, Missouri, area and surrounding communities.’’.

6 SEC. 142. REIMBURSEMENT OF NON-FEDERAL INTEREST.

7 Section 211(e)(2)(A) of the Water Resources Devel8 opment Act of 1996 (33 U.S.C. 701b–13(e)(2)(A)) is

9 amended by striking ‘‘subject to amounts being made

10 available in advance in appropriations Acts’’ and inserting

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

12 SEC. 143. RESEARCH AND DEVELOPMENT PROGRAM FOR

13 COLUMBIA AND SNAKE RIVERS SALMON SUR14 VIVAL.

15 Section 511 of the Water Resources Development Act

16 of 1996 (16 U.S.C. 3301 note; Public Law 104–303) is

17 amended by striking subsection (a) and all that follows

18 and inserting the following:

19 ‘‘(a) SALMON SURVIVAL ACTIVITIES.—

20 ‘‘(1) IN GENERAL.—In conjunction with the

21 Secretary of Commerce and Secretary of the Inte22 rior, the Secretary shall accelerate ongoing research

23 and development activities, and may carry out or

24 participate in additional research and development

25 activities, for the purpose of developing innovative
103

S 2131 ES

1 methods and technologies for improving the survival

2 of salmon, especially salmon in the Columbia/Snake

3 River Basin.

4 ‘‘(2) ACCELERATED ACTIVITIES.—Accelerated

5 research and development activities referred to in

6 paragraph (1) may include research and develop7 ment related to—

8 ‘‘(A) impacts from water resources projects

9 and other impacts on salmon life cycles;

10 ‘‘(B) juvenile and adult salmon passage;

11 ‘‘(C) light and sound guidance systems;

12 ‘‘(D) surface-oriented collector systems;

13 ‘‘(E) transportation mechanisms; and

14 ‘‘(F) dissolved gas monitoring and abate15 ment.

16 ‘‘(3) ADDITIONAL ACTIVITIES.—Additional re17 search and development activities referred to in

18 paragraph (1) may include research and develop19 ment related to—

20 ‘‘(A) studies of juvenile salmon survival in

21 spawning and rearing areas;

22 ‘‘(B) estuary and near-ocean juvenile and

23 adult salmon survival;

24 ‘‘(C) impacts on salmon life cycles from

25 sources other than water resources projects;
104

S 2131 ES

1 ‘‘(D) cryopreservation of fish gametes and

2 formation of a germ plasm repository for

3 threatened and endangered populations of na4 tive fish; and

5 ‘‘(E) other innovative technologies and ac6 tions intended to improve fish survival, includ7 ing the survival of resident fish.

8 ‘‘(4) COORDINATION.—The Secretary shall co9 ordinate any activities carried out under this sub10 section with appropriate Federal, State, and local

11 agencies, affected Indian tribes, and the Northwest

12 Power Planning Council.

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

14 date of enactment of this section, the Secretary shall

15 submit to Congress a report on the research and de16 velopment activities carried out under this sub17 section, including any recommendations of the Sec18 retary concerning the research and development ac19 tivities.

20 ‘‘(6) AUTHORIZATION OF APPROPRIATIONS.—

21 There is authorized to be appropriated $10,000,000

22 to carry out research and development activities

23 under paragraph (3).

24 ‘‘(b) ADVANCED TURBINE DEVELOPMENT.—
105

S 2131 ES

1 ‘‘(1) IN GENERAL.—In conjunction with the

2 Secretary of Energy, the Secretary shall accelerate

3 efforts toward developing and installing in Corps of

4 Engineers-operated dams innovative, efficient, and

5 environmentally safe hydropower turbines, including

6 design of fish-friendly turbines, for use on the Co7 lumbia/Snake River hydrosystem.

8 ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.—

9 There is authorized to be appropriated $35,000,000

10 to carry out this subsection.

11 ‘‘(c) MANAGEMENT OF PREDATION ON COLUMBIA/

12 SNAKE RIVER SYSTEM NATIVE FISHES.—

13 ‘‘(1) NESTING AVIAN PREDATORS.—In conjunc14 tion with the Secretary of Commerce and the Sec15 retary of the Interior, and consistent with a manage16 ment plan to be developed by the United States Fish

17 and Wildlife Service, the Secretary shall carry out

18 methods to reduce nesting populations of avian pred19 ators on dredge spoil islands in the Columbia River

20 under the jurisdiction of the Secretary.

21 ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.—

22 There is authorized to be appropriated $1,000,000

23 to carry out research and development activities

24 under this subsection.
106

S 2131 ES

1 ‘‘(d) IMPLEMENTATION.—Nothing in this section af2 fects the authority of the Secretary to implement the re3 sults of the research and development carried out under

4 this section or any other law.’’.

5 SEC. 144. NINE MILE RUN HABITAT RESTORATION, PENN6 SYLVANIA.

7 The Secretary may credit against the non-Federal

8 share such costs as are incurred by the non-Federal inter9 ests in preparing environmental and other preconstruction

10 documentation for the habitat restoration project, Nine

11 Mile Run, Pennsylvania, if the Secretary determines that

12 the documentation is integral to the project.

13 SEC. 145. SHORE DAMAGE PREVENTION OR MITIGATION.

14 Section 111 of the River and Harbor Act of 1968

15 (33 U.S.C. 426(i)) is amended—

16 (1) in the first sentence, by striking ‘‘The Sec17 retary’’ and inserting ‘‘(a) IN GENERAL.—The Sec18 retary’’;

19 (2) in the second sentence, by striking ‘‘The

20 costs’’ and inserting the following:

21 ‘‘(b) COST SHARING.—The costs’’;

22 (3) in the third sentence—

23 (A) by striking ‘‘No such’’ and inserting

24 the following:
107

S 2131 ES

1 ‘‘(c) REQUIREMENT FOR SPECIFIC AUTHORIZA2 TION.—No such’’; and

3 (B) by striking ‘‘$2,000,000’’ and insert4 ing ‘‘$5,000,000’’; and

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

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

7 ‘‘(1) coordinate the implementation of the

8 measures under this section with other Federal and

9 non-Federal shore protection projects in the same

10 geographic area; and

11 ‘‘(2) to the extent practicable, combine mitiga12 tion projects with other shore protection projects in

13 the same area into a comprehensive regional

14 project.’’.

15 SEC. 146. LARKSPUR FERRY CHANNEL, CALIFORNIA.

16 The Secretary shall work with the Secretary of

17 Transportation on a proposed solution to carry out the

18 project to maintain the Larkspur Ferry Channel, Lark19 spur, California, authorized by section 601(d) of the

20 Water Resources Development Act of 1986 (100 Stat.

21 4148).

22 SEC. 147. COMPREHENSIVE FLOOD IMPACT-RESPONSE

23 MODELING SYSTEM.

24 (a) IN GENERAL.—The Secretary may study and im25 plement a Comprehensive Flood Impact-Response Model-
108

S 2131 ES

1 ing System for the Coralville Reservoir and the Iowa River

2 watershed, Iowa.

3 (b) STUDY.—The study shall include—

4 (1) an evaluation of the combined hydrologic,

5 geomorphic, environmental, economic, social, and

6 recreational impacts of operating strategies within

7 the watershed;

8 (2) creation of an integrated, dynamic flood im9 pact model; and

10 (3) the development of a rapid response system

11 to be used during flood and emergency situations.

12 (c) REPORT TO CONGRESS.—Not later than 5 years

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

14 transmit a report to Congress on the results of the study

15 and modeling system and such recommendations as the

16 Secretary determines to be appropriate.

17 (d) AUTHORIZATION OF APPROPRIATIONS.—There is

18 authorized to be appropriated a total of $2,250,000 to

19 carry out this section.

20 SEC. 148. STUDY REGARDING INNOVATIVE FINANCING FOR

21 SMALL AND MEDIUM-SIZED PORTS.

22 (a) STUDY.—The Comptroller General of the United

23 States shall conduct a study and analysis of various alter24 natives for innovative financing of future construction, op-
109

S 2131 ES

1 eration, and maintenance of projects in small and me2 dium-sized ports.

3 (b) REPORT.—Not later than 270 days after the date

4 of enactment of this Act, the Comptroller General shall

5 submit to the Committee on Environment and Public

6 Works of the Senate and Committee on Transportation

7 and Infrastructure of the House of Representatives and

8 the results of the study and any related legislative rec9 ommendations for consideration by Congress.

10 SEC. 149. CANDY LAKE PROJECT, OSAGE COUNTY, OKLA11 HOMA.

12 (a) DEFINITIONS.—In this section:

13 (1) FAIR MARKET VALUE.—The term ‘‘fair

14 market value’’ means the amount for which a willing

15 buyer would purchase and a willing seller would sell

16 a parcel of land, as determined by a qualified, inde17 pendent land appraiser.

18 (2) PREVIOUS OWNER OF LAND.—The term

19 ‘‘previous owner of land’’ means a person (including

20 a corporation) that conveyed, or a descendant of a

21 deceased individual who conveyed, land to the Army

22 Corps of Engineers for use in the Candy Lake

23 project in Osage County, Oklahoma.

24 (3) SECRETARY.—The term ‘‘Secretary’’ means

25 the Secretary of the Army.
110

S 2131 ES

1 (b) LAND CONVEYANCES.—

2 (1) IN GENERAL.—The Secretary shall convey,

3 in accordance with this section, all right, title, and

4 interest of the United States in and to the land ac5 quired by the United States for the Candy Lake

6 project in Osage County, Oklahoma.

7 (2) PREVIOUS OWNERS OF LAND.—

8 (A) IN GENERAL.—The Secretary shall

9 give a previous owner of land first option to

10 purchase the land described in paragraph (1).

11 (B) APPLICATION.—

12 (i) IN GENERAL.—A previous owner

13 of land that desires to purchase the land

14 described in paragraph (1) that was owned

15 by the previous owner of land, or by the in16 dividual from whom the previous owner of

17 land is descended, shall file an application

18 to purchase the land with the Secretary

19 not later than 180 days after the official

20 date of notice to the previous owner of

21 land under subsection (c).

22 (ii) FIRST TO FILE HAS FIRST OP23 TION.—If more than 1 application is filed

24 for a parcel of land described in paragraph

25 (1), first options to purchase the parcel of
111

S 2131 ES

1 land shall be allotted in the order in which

2 applications for the parcel of land were

3 filed.

4 (C) IDENTIFICATION OF PREVIOUS OWN5 ERS OF LAND.—As soon as practicable after the

6 date of enactment of this Act, the Secretary

7 shall, to the extent practicable, identify each

8 previous owner of land.

9 (D) CONSIDERATION.—Consideration for

10 land conveyed under this subsection shall be the

11 fair market value of the land.

12 (3) DISPOSAL.—Any land described in para13 graph (1) for which an application has not been filed

14 under paragraph (2)(B) within the applicable time

15 period shall be disposed of in accordance with law.

16 (4) EXTINGUISHMENT OF EASEMENTS.—All

17 flowage easements acquired by the United States for

18 use in the Candy Lake project in Osage County,

19 Oklahoma, are extinguished.

20 (c) NOTICE.—

21 (1) IN GENERAL.—The Secretary shall notify—

22 (A) each person identified as a previous

23 owner of land under subsection (b)(2)(C), not

24 later than 90 days after identification, by

25 United States mail; and
112

S 2131 ES

1 (B) the general public, not later than 90

2 days after the date of enactment of this Act, by

3 publication in the Federal Register.

4 (2) CONTENTS OF NOTICE.—Notice under this

5 subsection shall include—

6 (A) a copy of this section;

7 (B) information sufficient to separately

8 identify each parcel of land subject to this sec9 tion; and

10 (C) specification of the fair market value

11 of each parcel of land subject to this section.

12 (3) OFFICIAL DATE OF NOTICE.—The official

13 date of notice under this subsection shall be the

14 later of—

15 (A) the date on which actual notice is

16 mailed; or

17 (B) the date of publication of the notice in

18 the Federal Register.

19 SEC. 150. SALCHA RIVER AND PILEDRIVER SLOUGH, FAIR20 BANKS, ALASKA.

21 The Secretary shall evaluate and, if justified under

22 section 205 of the Flood Control Act of 1948 (33 U.S.C.

23 701s), carry out flood damage reduction measures along

24 the lower Salcha River and on Piledriver Slough, from its

25 headwaters at the mouth of the Salcha River to the Chena
113

S 2131 ES

1 Lakes Flood Control Project, in the vicinity of Fairbanks,

2 Alaska, to protect against surface water flooding.

3 SEC. 151. EYAK RIVER, CORDOVA, ALASKA.

4 The Secretary shall evaluate and, if justified under

5 section 205 of the Flood Control Act of 1948 (33 U.S.C.

6 701s), carry out flood damage reduction measures along

7 the Eyak River at the town of Cordova, Alaska.

8 SEC. 152. NORTH PADRE ISLAND STORM DAMAGE REDUC9 TION AND ENVIRONMENTAL RESTORATION

10 PROJECT.

11 The Secretary shall carry out a project for ecosystem

12 restoration and storm damage reduction at North Padre

13 Island, Corpus Christi Bay, Texas, at a total estimated

14 cost of $30,000,000, with an estimated Federal cost of

15 $19,500,000 and an estimated non-Federal cost of

16 $10,500,000, if the Secretary finds that the work is tech17 nically sound, environmentally acceptable, and economi18 cally justified.

19 SEC. 153. KANOPOLIS LAKE, KANSAS.

20 (a) WATER SUPPLY.—

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

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

23 cooperation with the State of Kansas or another

24 non-Federal interest, shall complete a water supply

25 reallocation study at the project for flood control,
114

S 2131 ES

1 Kanopolis Lake, Kansas, as a basis on which the

2 Secretary shall enter into negotiations with the State

3 of Kansas or another non-Federal interest for the

4 terms and conditions of a reallocation of the water

5 supply.

6 (2) OPTIONS.—The negotiations for storage re7 allocation shall include the following options for eval8 uation by all parties:

9 (A) Financial terms of storage reallocation.

10 (B) Protection of future Federal water re11 leases from Kanopolis Dam, consistent with

12 State water law, to ensure that the benefits ex13 pected from releases are provided.

14 (C) Potential establishment of a water as15 surance district consistent with other such dis16 tricts established by the State of Kansas.

17 (D) Protection of existing project purposes

18 at Kanopolis Dam to include flood control,

19 recreation, and fish and wildlife.

20 (b) IN-KIND CREDIT.—

21 (1) IN GENERAL.—The Secretary may negotiate

22 a credit for a portion of the financial repayment to

23 the Federal Government for work performed by the

24 State of Kansas, or another non-Federal interest, on
115

S 2131 ES

1 land adjacent or in close proximity to the project, if

2 the work provides a benefit to the project.

3 (2) WORK INCLUDED.—The work for which

4 credit may be granted may include watershed protec5 tion and enhancement, including wetland construc6 tion and ecosystem restoration.

7 SEC. 154. NEW YORK CITY WATERSHED.

8 Section 552(d) of the Water Resources Development

9 Act of 1996 (110 Stat. 3780) is amended by striking ‘‘for

10 the project to be carried out with such assistance’’ and

11 inserting ‘‘, or a public entity designated by the State di12 rector, to carry out the project with such assistance, sub13 ject to the project’s meeting the certification requirement

14 of subsection (c)(1)’’.

15 SEC. 155. CITY OF CHARLEVOIX REIMBURSEMENT, MICHI16 GAN.

17 The Secretary shall review and, if consistent with au18 thorized project purposes, reimburse the city of

19 Charlevoix, Michigan, for the Federal share of costs asso20 ciated with construction of the new revetment connection

21 to the Federal navigation project at Charlevoix Harbor,

22 Michigan.
116

S 2131 ES

1 SEC. 156. HAMILTON DAM FLOOD CONTROL PROJECT,

2 MICHIGAN.

3 The Secretary may construct the Hamilton Dam

4 flood control project, Michigan, under authority of section

5 205 of the Flood Control Act of 1948 (33 U.S.C. 701s).

6 SEC. 157. NATIONAL CONTAMINATED SEDIMENT TASK

7 FORCE.

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

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

10 Sediment Task Force established by section 502 of the

11 National Contaminated Sediment Assessment and Man12 agement Act (33 U.S.C. 1271 note; Public Law 102–580).

13 (b) CONVENING.—The Secretary and the Adminis14 trator shall convene the Task Force not later than 90 days

15 after the date of enactment of this Act.

16 (c) REPORTING ON REMEDIAL ACTION.—

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

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

19 shall submit to Congress a report on the status of

20 remedial actions at aquatic sites in the areas de21 scribed in paragraph (2).

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

23 shall address remedial actions in—

24 (A) areas of probable concern identified in

25 the survey of data regarding aquatic sediment

26 quality required by section 503(a) of the Na-
117

S 2131 ES

1 tional Contaminated Sediment Assessment and

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

3 (B) areas of concern within the Great

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

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

6 1268(f));

7 (C) estuaries of national significance iden8 tified under section 320 of the Federal Water

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

10 (D) areas for which remedial action has

11 been authorized under any of the Water Re12 sources Development Acts; and

13 (E) as appropriate, any other areas where

14 sediment contamination is identified by the

15 Task Force.

16 (3) ACTIVITIES.—Remedial actions subject to

17 reporting under this subsection include remedial ac18 tions under—

19 (A) the Comprehensive Environmental Re20 sponse, Compensation, and Liability Act of

21 1980 (42 U.S.C. 9601 et seq.) or other Federal

22 or State law containing environmental remedi23 ation authority;

24 (B) any of the Water Resources Develop25 ment Acts;
118

S 2131 ES

1 (C) section 404 of the Federal Water Pol2 lution Control Act (33 U.S.C. 1344); or

3 (D) section 10 of the Act of March 3,

4 1899 (30 Stat. 1151, chapter 425).

5 (4) CONTENTS.—The report under paragraph

6 (1) shall provide, with respect to each remedial ac7 tion described in the report, a description of—

8 (A) the authorities and sources of funding

9 for conducting the remedial action;

10 (B) the nature and sources of the sediment

11 contamination, including volume and concentra12 tion, where appropriate;

13 (C) the testing conducted to determine the

14 nature and extent of sediment contamination

15 and to determine whether the remedial action is

16 necessary;

17 (D) the action levels or other factors used

18 to determine that the remedial action is nec19 essary;

20 (E) the nature of the remedial action

21 planned or undertaken, including the levels of

22 protection of public health and the environment

23 to be achieved by the remedial action;

24 (F) the ultimate disposition of any mate25 rial dredged as part of the remedial action;
119

S 2131 ES

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. 158. 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 Army Corps of

12 Engineers 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;
120

S 2131 ES

1 (F) flood damage reduction and shoreline

2 erosion prevention;

3 (G) all other activities of the Army Corps

4 of Engineers; and

5 (H) an analysis of factors limiting use of

6 programs and authorities of the Army Corps of

7 Engineers in existence on the date of enactment

8 of this Act in the Great Lakes basin, including

9 the 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;
121

S 2131 ES

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-
122

S 2131 ES

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-
123

S 2131 ES

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 maxi9 mum extent practicable, and in cooperation with the Great

10 Lakes States, submit to Congress a report detailing the

11 economic benefits of recreational boating in the Great

12 Lakes basin, particularly at harbors benefiting from oper13 ation and maintenance projects of the Army Corps of En14 gineers.

15 (d) COOPERATION.—In undertaking activities under

16 this section, the Secretary shall—

17 (1) encourage public participation; and

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

19 with Great Lakes States, tribal governments, and

20 Canadian federal, provincial, tribal governments.

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

22 Secretary may provide technical assistance to the Great

23 Lakes States to develop interstate guidelines to improve

24 the consistency and efficiency of State-level water use ac25 tivities and policies in the Great Lakes basin.
124

S 2131 ES

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. 159. 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 ‘‘If the Secretary’’ and inserting

10 the following:

11 ‘‘(1) IN GENERAL.—If 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.’’.
125

S 2131 ES

1 SEC. 160. 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 Army Corps of Engineers.

23 SEC. 161. 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-
126

S 2131 ES

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 prior8 ity 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.
127

S 2131 ES

1 TITLE II—CHEYENNE RIVER

2 SIOUX TRIBE, LOWER BRULE

3 SIOUX TRIBE, AND STATE OF

4 SOUTH DAKOTA TERRES5 TRIAL WILDLIFE HABITAT

6 RESTORATION

7 SEC. 201. DEFINITIONS.

8 In this title:

9 (1) RESTORATION.—The term ‘‘restoration’’

10 means mitigation of the habitat of wildlife.

11 (2) SECRETARY.—The term ‘‘Secretary’’ means

12 the Secretary of the Army.

13 (3) TERRESTRIAL WILDLIFE HABITAT.—The

14 term ‘‘terrestrial wildlife habitat’’ means a habitat

15 for a wildlife species (including game and nongame

16 species) that existed or exists on an upland habitat

17 (including a prairie grassland, woodland, bottom

18 land forest, scrub, or shrub) or an emergent wetland

19 habitat.

20 (4) WILDLIFE.—The term ‘‘wildlife’’ has the

21 meaning given the term in section 8 of the Fish and

22 Wildlife Coordination Act (16 U.S.C. 666b).

23 SEC. 202. TERRESTRIAL WILDLIFE HABITAT RESTORATION.

24 (a) TERRESTRIAL WILDLIFE HABITAT RESTORATION

25 PLANS.—
128

S 2131 ES

1 (1) IN GENERAL.—In accordance with this sub2 section and in consultation with the Secretary and

3 the Secretary of the Interior, the State of South Da4 kota, the Cheyenne River Sioux Tribe, and the

5 Lower Brule Sioux Tribe shall, as a condition of the

6 receipt of funds under this title, each develop a plan

7 for the restoration of terrestrial wildlife habitat loss

8 that occurred as a result of flooding related to the

9 Big Bend and Oahe projects carried out as part of

10 the Pick-Sloan Missouri River Basin program.

11 (2) SUBMISSION OF PLAN TO SECRETARY.—On

12 completion of a plan for terrestrial wildlife habitat

13 restoration, the State of South Dakota, the Chey14 enne River Sioux Tribe, and the Lower Brule Sioux

15 Tribe shall submit the plan to the Secretary.

16 (3) REVIEW BY SECRETARY AND SUBMISSION

17 TO COMMITTEES.—The Secretary shall review the

18 plan and submit the plan, with any comments, to the

19 appropriate committees of the Senate and the House

20 of Representatives.

21 (4) FUNDING FOR CARRYING OUT PLANS.—

22 (A) STATE OF SOUTH DAKOTA.—

23 (i) NOTIFICATION.—On receipt of the

24 plan for terrestrial wildlife habitat restora25 tion submitted by the State of South Da-
129

S 2131 ES

1 kota, each of the Committees referred to in

2 paragraph (3) shall notify the Secretary of

3 the Treasury of the receipt of the plan.

4 (ii) AVAILABILITY OF FUNDS.—On

5 notification in accordance with clause (i),

6 the Secretary of the Treasury shall make

7 available to the State of South Dakota

8 funds from the South Dakota Terrestrial

9 Wildlife Habitat Restoration Trust Fund

10 established under section 203, to be used

11 to carry out the plan for terrestrial wildlife

12 habitat restoration submitted by the State.

13 (B) CHEYENNE RIVER SIOUX TRIBE AND

14 LOWER BRULE SIOUX TRIBE.—

15 (i) NOTIFICATION.—On receipt of the

16 plan for terrestrial wildlife habitat restora17 tion submitted by the Cheyenne River

18 Sioux Tribe and the Lower Brule Sioux

19 Tribe, each of the Committees referred to

20 in paragraph (3) shall notify the Secretary

21 of the Treasury of the receipt of each of

22 the plans.

23 (ii) AVAILABILITY OF FUNDS.—On

24 notification in accordance with clause (i),

25 the Secretary of the Treasury shall make
130

S 2131 ES

1 available to the Cheyenne River Sioux

2 Tribe and the Lower Brule Sioux Tribe

3 funds from the Cheyenne River Sioux

4 Tribe Terrestrial Wildlife Habitat Restora5 tion Trust Fund and the Lower Brule

6 Sioux Tribe Terrestrial Wildlife Habitat

7 Restoration Trust Fund, respectively, es8 tablished under section 204, to be used to

9 carry out the plan for terrestrial wildlife

10 habitat restoration submitted by the Chey11 enne River Sioux Tribe and the Lower

12 Brule Sioux Tribe, respectively.

13 (C) TRANSITION PERIOD.—

14 (i) IN GENERAL.—During the period

15 described in clause (ii), the Secretary

16 shall—

17 (I) fund the terrestrial wildlife

18 habitat restoration programs being

19 carried out on the date of enactment

20 of this Act on Oahe and Big Bend

21 project land and the plans established

22 under this section at a level that does

23 not exceed the highest amount of

24 funding that was provided for the pro-
131

S 2131 ES

1 grams during a previous fiscal year;

2 and

3 (II) implement the programs.

4 (ii) PERIOD.—Clause (i) shall apply

5 during the period—

6 (I) beginning on the date of en7 actment of this Act; and

8 (II) ending on the earlier of—

9 (aa) the date on which funds

10 are made available for use from

11 the South Dakota Terrestrial

12 Wildlife Habitat Restoration

13 Trust Fund under section

14 203(d)(3)(A)(i) and the Chey15 enne River Sioux Tribe Terres16 trial Wildlife Habitat Restoration

17 Trust Fund and the Lower Brule

18 Sioux Tribe Terrestrial Wildlife

19 Habitat Restoration Trust Fund

20 under section 204(d)(3)(A)(i); or

21 (bb) the date that is 4 years

22 after the date of enactment of

23 this Act.

24 (b) PROGRAMS FOR THE PURCHASE OF WILDLIFE

25 HABITAT LEASES.—
132

S 2131 ES

1 (1) IN GENERAL.—The State of South Dakota

2 may use funds made available under section

3 203(d)(3)(A)(iii) to develop a program for the pur4 chase of wildlife habitat leases that meets the re5 quirements of this subsection.

6 (2) DEVELOPMENT OF A PLAN.—

7 (A) IN GENERAL.—If the State of South

8 Dakota, the Cheyenne River Sioux Tribe, or the

9 Lower Brule Sioux Tribe elects to conduct a

10 program under this subsection, the State of

11 South Dakota, the Cheyenne River Sioux Tribe,

12 or the Lower Brule Sioux Tribe (in consultation

13 with the United States Fish and Wildlife Serv14 ice and the Secretary and with an opportunity

15 for public comment) shall develop a plan to

16 lease land for the protection and development of

17 wildlife habitat, including habitat for threatened

18 and endangered species, associated with the

19 Missouri River ecosystem.

20 (B) USE FOR PROGRAM.—The plan shall

21 be used by the State of South Dakota, the

22 Cheyenne River Sioux Tribe, or the Lower

23 Brule Sioux Tribe in carrying out the program

24 carried out under paragraph (1).
133

S 2131 ES

1 (3) CONDITIONS OF LEASES.—Each lease cov2 ered under a program carried out under paragraph

3 (1) shall specify that the owner of the property that

4 is subject to the lease shall provide—

5 (A) public access for sportsmen during

6 hunting season; and

7 (B) public access for other outdoor uses

8 covered under the lease, as negotiated by the

9 landowner and the State of South Dakota, the

10 Cheyenne River Sioux Tribe, or the Lower

11 Brule Sioux Tribe.

12 (4) USE OF ASSISTANCE.—

13 (A) STATE OF SOUTH DAKOTA.—If the

14 State of South Dakota conducts a program

15 under this subsection, the State may use funds

16 made available under section 203(d)(3)(A)(iii)

17 to—

18 (i) acquire easements, rights-of-way,

19 or leases for management and protection of

20 wildlife habitat, including habitat for

21 threatened and endangered species, and

22 public access to wildlife on private property

23 in the State of South Dakota;

24 (ii) create public access to Federal or

25 State land through the purchase of ease-
134

S 2131 ES

1 ments or rights-of-way that traverse such

2 private property; or

3 (iii) lease land for the creation or res4 toration of a wetland on such private prop5 erty.

6 (B) CHEYENNE RIVER SIOUX TRIBE AND

7 LOWER BRULE SIOUX TRIBE.—If the Cheyenne

8 River Sioux Tribe or the Lower Brule Sioux

9 Tribe conducts a program under this sub10 section, the Tribe may use funds made available

11 under section 204(d)(3)(A)(iii) for the purposes

12 described in subparagraph (A).

13 (c) FEDERAL OBLIGATION FOR TERRESTRIAL WILD14 LIFE HABITAT MITIGATION FOR THE BIG BEND AND

15 OAHE PROJECTS IN SOUTH DAKOTA.—The establishment

16 of the trust funds under sections 203 and 204 and the

17 development and implementation of plans for terrestrial

18 wildlife habitat restoration developed by the State of

19 South Dakota, the Cheyenne River Sioux Tribe, and the

20 Lower Brule Sioux Tribe in accordance with this section

21 shall be considered to satisfy the Federal obligation under

22 the Fish and Wildlife Coordination Act (16 U.S.C. 661

23 et seq.) for terrestrial wildlife habitat mitigation for the

24 State of South Dakota, the Cheyenne River Sioux Tribe,

25 and the Lower Brule Sioux Tribe for the Big Bend and
135

S 2131 ES

1 Oahe projects carried out as part of the Pick-Sloan Mis2 souri River Basin program.

3 SEC. 203. SOUTH DAKOTA TERRESTRIAL WILDLIFE HABI4 TAT RESTORATION TRUST FUND.

5 (a) ESTABLISHMENT.—There is established in the

6 Treasury of the United States a fund to be known as the

7 ‘‘South Dakota Terrestrial Wildlife Habitat Restoration

8 Trust Fund’’ (referred to in this section as the ‘‘Fund’’).

9 (b) FUNDING.—For the fiscal year during which this

10 Act is enacted and each fiscal year thereafter until the

11 aggregate amount deposited in the Fund under this sub12 section is equal to at least $108,000,000, the Secretary

13 of the Treasury shall deposit in the Fund an amount equal

14 to 15 percent of the receipts from the deposits in the

15 Treasury of the United States for the preceding fiscal year

16 from the power program of the Pick-Sloan Missouri River

17 Basin program, administered by the Western Area Power

18 Administration.

19 (c) INVESTMENTS.—The Secretary of the Treasury

20 shall invest the amounts deposited under subsection (b)

21 only in interest-bearing obligations of the United States

22 or in obligations guaranteed by the United States as to

23 both principal and interest.

24 (d) PAYMENTS.—
136

S 2131 ES

1 (1) IN GENERAL.—All amounts credited as in2 terest under subsection (c) shall be available, with3 out fiscal year limitation, to the State of South Da4 kota for use in accordance with paragraph (3).

5 (2) WITHDRAWAL AND TRANSFER OF FUNDS.—

6 Subject to section 202(a)(4)(A), the Secretary of the

7 Treasury shall withdraw amounts credited as inter8 est under paragraph (1) and transfer the amounts

9 to the State of South Dakota for use as State funds

10 in accordance with paragraph (3).

11 (3) USE OF TRANSFERRED FUNDS.—

12 (A) IN GENERAL.—Subject to subpara13 graph (B), the State of South Dakota shall use

14 the amounts transferred under paragraph (2)

15 only to—

16 (i) fully fund the annually scheduled

17 work described in the terrestrial wildlife

18 habitat restoration plan of the State devel19 oped under section 202(a); and

20 (ii) with any remaining funds—

21 (I) protect archaeological, histori22 cal, and cultural sites located along

23 the Missouri River on land transferred

24 to the State;
137

S 2131 ES

1 (II) fund all costs associated with

2 the ownership, management, oper3 ation, administration, maintenance,

4 and development of recreation areas

5 and other lands that are transferred

6 to the State of South Dakota by the

7 Secretary;

8 (III) purchase and administer

9 wildlife habitat leases under section

10 202(b);

11 (IV) carry out other activities de12 scribed in section 202; and

13 (V) develop and maintain public

14 access to, and protect, wildlife habitat

15 and recreation areas along the Mis16 souri River.

17 (B) PROHIBITION.—The amounts trans18 ferred under paragraph (2) shall not be used

19 for the purchase of land in fee title.

20 (e) TRANSFERS AND WITHDRAWALS.—Except as

21 provided in subsection (d), the Secretary of the Treasury

22 may not transfer or withdraw any amount deposited under

23 subsection (b).

24 (f) ADMINISTRATIVE EXPENSES.—There are author25 ized to be appropriated to the Secretary of the Treasury
138

S 2131 ES

1 such sums as are necessary to pay the administrative ex2 penses of the Fund.

3 SEC. 204. CHEYENNE RIVER SIOUX TRIBE AND LOWER

4 BRULE SIOUX TRIBE TERRESTRIAL WILDLIFE

5 HABITAT RESTORATION TRUST FUNDS.

6 (a) ESTABLISHMENT.—There are established in the

7 Treasury of the United States 2 funds to be known as

8 the ‘‘Cheyenne River Sioux Tribe Terrestrial Wildlife Res9 toration Trust Fund’’ and the ‘‘Lower Brule Sioux Tribe

10 Terrestrial Wildlife Habitat Restoration Trust Fund’’

11 (each of which is referred to in this section as a ‘‘Fund’’).

12 (b) FUNDING.—

13 (1) IN GENERAL.—Subject to paragraph (2),

14 for the fiscal year during which this Act is enacted

15 and each fiscal year thereafter until the aggregate

16 amount deposited in the Funds under this sub17 section is equal to at least $57,400,000, the Sec18 retary of the Treasury shall deposit in the Funds an

19 amount equal to 10 percent of the receipts from the

20 deposits in the Treasury of the United States for the

21 preceding fiscal year from the power program of the

22 Pick-Sloan Missouri River Basin program, adminis23 tered by the Western Area Power Administration.
139

S 2131 ES

1 (2) ALLOCATION.—Of the total amount of

2 funds deposited into the Funds for a fiscal year, the

3 Secretary of the Treasury shall deposit—

4 (A) 74 percent of the funds into the Chey5 enne River Sioux Tribe Terrestrial Wildlife Res6 toration Trust Fund; and

7 (B) 26 percent of the funds into the Lower

8 Brule Sioux Tribe Terrestrial Wildlife Habitat

9 Restoration Trust Fund.

10 (c) INVESTMENTS.—The Secretary of the Treasury

11 shall invest the amounts deposited under subsection (b)

12 only in interest-bearing obligations of the United States

13 or in obligations guaranteed as to both principal and inter14 est by the United States.

15 (d) PAYMENTS.—

16 (1) IN GENERAL.—All amounts credited as in17 terest under subsection (c) shall be available, with18 out fiscal year limitation, to the Cheyenne River

19 Sioux Tribe and the Lower Brule Sioux Tribe for

20 their use in accordance with paragraph (3).

21 (2) WITHDRAWAL AND TRANSFER OF FUNDS.—

22 Subject to section 202(a)(4)(B), the Secretary of the

23 Treasury shall withdraw amounts credited as inter24 est under paragraph (1) and transfer the amounts

25 to the Cheyenne River Sioux Tribe and the Lower
140

S 2131 ES

1 Brule Sioux Tribe for use in accordance with para2 graph (3).

3 (3) USE OF TRANSFERRED FUNDS.—

4 (A) IN GENERAL.—Subject to subpara5 graph (B), the Cheyenne River Sioux Tribe and

6 the Lower Brule Sioux Tribe shall use the

7 amounts transferred under paragraph (2) only

8 to—

9 (i) fully fund the annually scheduled

10 work described in the terrestrial wildlife

11 habitat restoration plan of the respective

12 Tribe developed under section 202(a); and

13 (ii) with any remaining funds—

14 (I) protect archaeological, histori15 cal, and cultural sites located along

16 the Missouri River on land transferred

17 to the respective Tribe;

18 (II) fund all costs associated with

19 the ownership, management, oper20 ation, administration, maintenance,

21 and development of recreation areas

22 and other lands that are transferred

23 to the respective Tribe by the Sec24 retary;
141

S 2131 ES

1 (III) purchase and administer

2 wildlife habitat leases under section

3 202(b);

4 (IV) carry out other activities de5 scribed in section 202; and

6 (V) develop and maintain public

7 access to, and protect, wildlife habitat

8 and recreation areas along the Mis9 souri River.

10 (B) PROHIBITION.—The amounts trans11 ferred under paragraph (2) shall not be used

12 for the purchase of land in fee title.

13 (e) TRANSFERS AND WITHDRAWALS.—Except as

14 provided in subsection (d), the Secretary of the Treasury

15 may not transfer or withdraw any amount deposited under

16 subsection (b).

17 (f) ADMINISTRATIVE EXPENSES.—There are author18 ized to be appropriated to the Secretary of the Treasury

19 such sums as are necessary to pay the administrative ex20 penses of the Fund.

21 SEC. 205. TRANSFER OF FEDERAL LAND TO STATE OF

22 SOUTH DAKOTA.

23 (a) IN GENERAL.—

24 (1) TRANSFER.—
142

S 2131 ES

1 (A) IN GENERAL.—The Secretary of the

2 Army shall transfer to the Department of

3 Game, Fish and Parks of the State of South

4 Dakota (referred to in this section as the ‘‘De5 partment’’) the land and recreation areas de6 scribed in subsections (b) and (c) for fish and

7 wildlife purposes, or public recreation uses, in

8 perpetuity.

9 (B) PERMITS, RIGHTS-OF-WAY, AND EASE10 MENTS.—All permits, rights-of-way, and ease11 ments granted by the Secretary of the Army to

12 the Oglala Sioux Tribe for land on the west side

13 of the Missouri River between the Oahe Dam

14 and Highway 14, and all permits, rights-of-way,

15 and easements on any other land administered

16 by the Secretary and used by the Oglala Sioux

17 Rural Water Supply System, are granted to the

18 Oglala Sioux Tribe in perpetuity to be held in

19 trust under section 3(e) of the Mni Wiconi

20 Project Act of 1988 (102 Stat. 2568).

21 (2) USES.—The Department shall maintain and

22 develop the land outside the recreation areas for fish

23 and wildlife purposes in accordance with—

24 (A) fish and wildlife purposes in effect on

25 the date of enactment of this Act; or
143

S 2131 ES

1 (B) a plan developed under section 202.

2 (3) CORPS OF ENGINEERS.—The transfer shall

3 not interfere with the Corps of Engineers operation

4 of a project under this section for an authorized pur5 pose of the project under the Act of December 22,

6 1944 (58 Stat. 887, chapter 665; 33 U.S.C. 701–1

7 et seq.), or other applicable law.

8 (4) SECRETARY OF THE ARMY.—The Secretary

9 of the Army shall retain the right to inundate with

10 water the land transferred to the Department under

11 this section or draw down a project reservoir, as nec12 essary to carry out an authorized purpose of a

13 project.

14 (b) LAND TRANSFERRED.—The land described in

15 this subsection is land that—

16 (1) is located above the top of the exclusive

17 flood pool of the Oahe, Big Bend, Fort Randall, and

18 Gavin’s Point projects of the Pick-Sloan Missouri

19 River Basin program;

20 (2) was acquired by the Secretary of the Army

21 for the implementation of the Pick-Sloan Missouri

22 River Basin program;

23 (3) is located outside the external boundaries of

24 a reservation of an Indian Tribe; and

25 (4) is located within the State of South Dakota.
144

S 2131 ES

1 (c) RECREATION AREAS TRANSFERRED.—A recre2 ation area described in this section includes the land and

3 waters within a recreation area that—

4 (1) the Secretary of the Army determines, at

5 the time of the transfer, is a recreation area classi6 fied for recreation use by the Corps of Engineers on

7 the date of enactment of this Act;

8 (2) is located outside the external boundaries of

9 a reservation of an Indian Tribe;

10 (3) is located within the State of South Dakota;

11 (4) is not the recreation area known as ‘‘Cot12 tonwood’’, ‘‘Training Dike’’, or ‘‘Tailwaters’’; and

13 (5) is located below Gavin’s Point Dam in the

14 State of South Dakota in accordance with boundary

15 agreements and reciprocal fishing agreements be16 tween the State of South Dakota and the State of

17 Nebraska in effect on the date of enactment of this

18 Act, which agreements shall continue to be honored

19 by the State of South Dakota as the agreements

20 apply to any land or recreation areas transferred

21 under this title to the State of South Dakota below

22 Gavin’s Point Dam and on the waters of the Mis23 souri River.

24 (d) MAP.—
145

S 2131 ES

1 (1) IN GENERAL.—The Secretary of the Army,

2 in consultation with the Department, shall prepare a

3 map of the land and recreation areas transferred

4 under this section.

5 (2) LAND.—The map shall identify—

6 (A) land reasonably expected to be re7 quired for project purposes during the 20-year

8 period beginning on the date of enactment of

9 this Act; and

10 (B) dams and related structures;

11 which shall be retained by the Secretary.

12 (3) AVAILABILITY.—The map shall be on file in

13 the appropriate offices of the Secretary of the Army.

14 (e) SCHEDULE FOR TRANSFER.—

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

16 the date of enactment of this Act, the Secretary of

17 the Army and the Secretary of the Department shall

18 jointly develop a schedule for transferring the land

19 and recreation areas under this section.

20 (2) TRANSFER DEADLINE.—All land and recre21 ation areas shall be transferred not later than 1 year

22 after the full capitalization of the Trust Fund de23 scribed in section 203.

24 (f) TRANSFER CONDITIONS.—The land and recre25 ation areas described in subsections (b) and (c) shall be
146

S 2131 ES

1 transferred in fee title to the Department on the following

2 conditions:

3 (1) RESPONSIBILITY FOR DAMAGE.—The Sec4 retary of the Army shall not be responsible for any

5 damage to the land caused by flooding, sloughing,

6 erosion, or other changes to the land caused by the

7 operation of any project of the Pick-Sloan Missouri

8 River Basin program (except as otherwise provided

9 by Federal law).

10 (2) EASEMENTS, RIGHTS-OF-WAY, LEASES, AND

11 COST-SHARING AGREEMENTS.—The Department

12 shall maintain all easements, rights-of-way, leases,

13 and cost-sharing agreements that are in effect as of

14 the date of the transfer.

15 (g) HUNTING AND FISHING.—

16 (1) IN GENERAL.—Nothing in this title affects

17 jurisdiction over the land and water below the exclu18 sive flood pool of the Missouri River within the State

19 of South Dakota, including affected Indian reserva20 tions. The State of South Dakota, the Lower Brule

21 Sioux Tribe, and the Cheyenne River Sioux Tribe

22 shall continue in perpetuity to exercise the jurisdic23 tion the State and Tribes possess on the date of en24 actment of this Act.
147

S 2131 ES

1 (2) NO EFFECT ON RESPECTIVE JURISDIC2 TIONS.—The Secretary may not adopt any regula3 tion or otherwise affect the respective jurisdictions of

4 the State of South Dakota, the Lower Brule River

5 Sioux Tribe, or the Cheyenne River Sioux Tribe de6 scribed in paragraph (1).

7 (h) APPLICABILITY OF LAW.—Notwithstanding any

8 other provision of this Act, the following provisions of law

9 shall apply to land transferred under this section:

10 (1) The National Historic Preservation Act (16

11 U.S.C. 470 et seq.), including sections 106 and 304

12 of that Act (16 U.S.C. 470f, 470w–3).

13 (2) The Archaeological Resources Protection

14 Act of 1979 (16 U.S.C. 470aa et seq.), including

15 sections 4, 6, 7, and 9 of that Act (16 U.S.C. 470cc,

16 470ee, 470ff, 470hh).

17 (3) The Native American Graves Protection Act

18 and Repatriation Act (25 U.S.C. 3001 et seq.), in19 cluding subsections (a) and (d) of section 3 of that

20 Act (25 U.S.C. 3003).

21 SEC. 206. TRANSFER OF CORPS OF ENGINEERS LAND FOR

22 INDIAN TRIBES.

23 (a) IN GENERAL.—

24 (1) TRANSFER.—The Secretary of the Army

25 shall transfer to the Secretary of the Interior the
148

S 2131 ES

1 land and recreation areas described in subsections

2 (b) and (c).

3 (2) CORPS OF ENGINEERS.—The transfer shall

4 not interfere with the Corps of Engineers operation

5 of a project under this section for an authorized pur6 pose of the project under the Act of December 22,

7 1944 (58 Stat. 887, chapter 665; 33 U.S.C. 701–1

8 et seq.), or other applicable law.

9 (3) SECRETARY OF THE ARMY.—The Secretary

10 of the Army shall retain the right to inundate with

11 water the land transferred to the Secretary of the

12 Interior under this section or draw down a project

13 reservoir, as necessary to carry out an authorized

14 purpose of a project.

15 (4) TRUST.—The Secretary of the Interior shall

16 hold in trust for the Cheyenne River Sioux Tribe

17 and the Lower Brule Sioux Tribe the land trans18 ferred under this section that is located within the

19 external boundaries of the reservation of the Indian

20 Tribes.

21 (b) LAND TRANSFERRED.—The land described in

22 this subsection is land that—

23 (1) is located above the top of the exclusive

24 flood pool of the Big Bend and Oahe projects of the

25 Pick-Sloan Missouri River Basin program;
149

S 2131 ES

1 (2) was acquired by the Secretary of the Army

2 for the implementation of the Pick-Sloan Missouri

3 River Basin program; and

4 (3) is located within the external boundaries of

5 the reservation of the Cheyenne River Sioux Tribe

6 and the Lower Brule Sioux Tribe.

7 (c) RECREATION AREAS TRANSFERRED.—A recre8 ation area described in this section includes the land and

9 waters within a recreation area that—

10 (1) the Secretary of the Army determines, at

11 the time of the transfer, is a recreation area classi12 fied for recreation use by the Corps of Engineers on

13 the date of enactment of this Act;

14 (2) is located within the external boundaries of

15 a reservation of an Indian Tribe; and

16 (3) is located within the State of South Dakota.

17 (d) MAP.—

18 (1) IN GENERAL.—The Secretary of the Army,

19 in consultation with the governing bodies of the

20 Cheyenne River Sioux Tribe and the Lower Brule

21 Sioux Tribe, shall prepare a map of the land trans22 ferred under this section.

23 (2) LAND.—The map shall identify—

24 (A) land reasonably expected to be re25 quired for project purposes during the 20-year
150

S 2131 ES

1 period beginning on the date of enactment of

2 this Act; and

3 (B) dams and related structures;

4 which shall be retained by the Secretary.

5 (3) AVAILABILITY.—The map shall be on file in

6 the appropriate offices of the Secretary of the Army.

7 (e) SCHEDULE FOR TRANSFER.—

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

9 the date of enactment of this Act, the Secretary of

10 the Army and the Chairmen of the Cheyenne River

11 Sioux Tribe and the Lower Brule Sioux Tribe shall

12 jointly develop a schedule for transferring the land

13 and recreation areas under this section.

14 (2) TRANSFER DEADLINE.—All land and recre15 ation areas shall be transferred not later than 1 year

16 after the full capitalization of the State and tribal

17 Trust Fund described in section 204.

18 (f) TRANSFER CONDITIONS.—The land and recre19 ation areas described in subsections (b) and (c) shall be

20 transferred to, and held in trust by, the Secretary of the

21 Interior on the following conditions:

22 (1) RESPONSIBILITY FOR DAMAGE.—The Sec23 retary of the Army shall not be responsible for any

24 damage to the land caused by flooding, sloughing,

25 erosion, or other changes to the land caused by the
151

S 2131 ES

1 operation of any project of the Pick-Sloan Missouri

2 River Basin program (except as otherwise provided

3 by Federal law).

4 (2) HUNTING AND FISHING.—Nothing in this

5 title affects jurisdiction over the land and waters

6 below the exclusive flood pool and within the exter7 nal boundaries of the Cheyenne River Sioux Tribe

8 and Lower Brule Sioux Tribe reservations. The

9 State of South Dakota, the Lower Brule Sioux

10 Tribe, and the Cheyenne River Sioux Tribe shall

11 continue to exercise, in perpetuity, the jurisdiction

12 they possess on the date of enactment of this Act

13 with regard to those lands and waters. The Sec14 retary may not adopt any regulation or otherwise af15 fect the respective jurisdictions of the State of South

16 Dakota, the Lower Brule River Sioux Tribe, or the

17 Cheyenne River Sioux Tribe described in the preced18 ing sentence. Jurisdiction over the land transferred

19 under this section shall be the same as that over

20 other land held in trust by the Secretary of the Inte21 rior on the Cheyenne River Sioux Tribe reservation

22 and the Lower Brule Sioux Tribe reservation.

23 (3) EASEMENTS, RIGHTS-OF-WAY, LEASES, AND

24 COST-SHARING AGREEMENTS.—
152

S 2131 ES

1 (A) MAINTENANCE.—The Secretary of the

2 Interior shall maintain all easements, rights-of3 way, leases, and cost-sharing agreements that

4 are in effect as of the date of the transfer.

5 (B) PAYMENTS TO COUNTY.—The Sec6 retary of the Interior shall pay any affected

7 county 100 percent of the receipts from the

8 easements, rights-of-way, leases, and cost-shar9 ing agreements described in subparagraph (A).

10 SEC. 207. ADMINISTRATION.

11 (a) IN GENERAL.—Nothing in this title diminishes

12 or affects—

13 (1) any water right of an Indian Tribe;

14 (2) any other right of an Indian Tribe, except

15 as specifically provided in another provision of this

16 title;

17 (3) any treaty right that is in effect on the date

18 of enactment of this Act;

19 (4) any external boundary of an Indian reserva20 tion of an Indian Tribe;

21 (5) any authority of the State of South Dakota

22 that relates to the protection, regulation, or manage23 ment of fish, terrestrial wildlife, and cultural and ar24 chaeological resources, except as specifically provided

25 in this title; or
153

S 2131 ES

1 (6) any authority of the Secretary, the Sec2 retary of the Interior, or the head of any other Fed3 eral agency under a law in effect on the date of en4 actment of this Act, including—

5 (A) the National Historic Preservation Act

6 (16 U.S.C. 470 et seq.);

7 (B) the Archaeological Resources Protec8 tion Act of 1979 (16 U.S.C. 470aa et seq.);

9 (C) the Fish and Wildlife Coordination Act

10 (16 U.S.C. 661 et seq.);

11 (D) the Act entitled ‘‘An Act for the pro12 tection of the bald eagle’’, approved June 8,

13 1940 (16 U.S.C. 668 et seq.);

14 (E) the Migratory Bird Treaty Act (16

15 U.S.C. 703 et seq.);

16 (F) the Endangered Species Act of 1973

17 (16 U.S.C. 1531 et seq.);

18 (G) the Native American Graves Protec19 tion and Repatriation Act (25 U.S.C. 3001 et

20 seq.);

21 (H) the Federal Water Pollution Control

22 Act (commonly known as the ‘‘Clean Water

23 Act’’) (33 U.S.C. 1251 et seq.);

24 (I) the Safe Drinking Water Act (42

25 U.S.C. 300f et seq.); and
154

S 2131 ES

1 (J) the National Environmental Policy Act

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

3 (b) POWER RATES.—No payment made under this

4 title shall affect any power rate under the Pick-Sloan Mis5 souri River Basin program.

6 (c) FEDERAL LIABILITY FOR DAMAGE.—Nothing in

7 this title relieves the Federal Government of liability for

8 damage to private land caused by the operation of the

9 Pick-Sloan Missouri River Basin program.

10 (d) FLOOD CONTROL.—Notwithstanding any other

11 provision of this title, the Secretary shall retain the au12 thority to operate the Pick-Sloan Missouri River Basin

13 program for purposes of meeting the requirements of the

14 Act of December 22, 1944 (58 Stat. 887, chapter 665;

15 33 U.S.C. 701–1 et seq.).

16 SEC. 208. STUDY.

17 (a) IN GENERAL.—Not later than 1 year after the

18 date of enactment of this Act, the Secretary of the Army

19 shall arrange for the United States Geological Survey, in

20 consultation with the Bureau of Indian Affairs and other

21 appropriate Federal agencies, to conduct a comprehensive

22 study of the potential impacts of the transfer of land

23 under sections 205(b) and 206(b), including potential im24 pacts on South Dakota Sioux Tribes having water claims
155

S 2131 ES

1 within the Missouri River Basin, on water flows in the

2 Missouri River.

3 (b) NO TRANSFER PENDING DETERMINATION.—No

4 transfer of land under section 205(b) or 206(b) shall occur

5 until the Secretary determines, based on the study, that

6 the transfer of land under either section will not signifi7 cantly reduce the amount of water flow to the downstream

8 States of the Missouri River.

9 SEC. 209. AUTHORIZATION OF APPROPRIATIONS.

10 (a) SECRETARY.—There are authorized to be appro11 priated to the Secretary such sums as are necessary—

12 (1) to pay the administrative expenses incurred

13 by the Secretary in carrying out this title; and

14 (2) to fund the implementation of terrestrial

15 wildlife habitat restoration plans under section

16 202(a).

17 (b) SECRETARY OF THE INTERIOR.—There are au18 thorized to be appropriated to the Secretary of the Interior

19 such sums as are necessary to pay the administrative ex-
156

S 2131 ES

1 penses incurred by the Secretary of the Interior in carry2 ing out this title.

Passed the Senate October 9 (legislative day, October 2), 1998.

Attest:

Secretary.
105TH CONGRESS

2D SESSION S. 2131

AN ACT

To provide for the conservation and development of

United States, and for other purposes.for improvements to rivers and harbors of theretary of the Army to construct various projectswater and related resources, to authorize the Sec-
S 2131 ES——10

S 2131 ES——9S 2131 ES——8S 2131 ES——7S 2131 ES——6S 2131 ES——5S 2131 ES——4S 2131 ES——3S 2131 ES——2