In the Senate of the United States,

July 22, 1999.

Resolved, That the bill from the House of Representatives (H.R. 1480) entitled ‘‘An Act to provide for the conservation and development of water and related resources, to

authorize the United States Army Corps of Engineers to construct various projects for improvements to rivers and harbors of the United States, and for other purposes.’’, do pass

with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

3 ‘‘Water Resources Development Act of 1999’’.

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

5 Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Definition of Secretary.

TITLE I—WATER RESOURCES PROJECTS

Sec. 101. Project authorizations.

Sec. 102. Project modifications.

Sec. 103. Project deauthorizations.
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Sec. 104. Studies.

TITLE II—GENERAL PROVISIONS

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

Sec. 202. Shore protection.

Sec. 203. Small flood control authority.

Sec. 204. Use of non-Federal funds for compiling and disseminating information

on floods and flood damages.

Sec. 205. Aquatic ecosystem restoration.

Sec. 206. Beneficial uses of dredged material.

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

Sec. 208. Recreation user fees.

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

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

Sec. 211. Outer Continental Shelf.

Sec. 212. Environmental dredging.

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

Sec. 214. Control of aquatic plant growth.

Sec. 215. Environmental infrastructure.

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

Sec. 217. Lakes program.

Sec. 218. Sediments decontamination policy.

Sec. 219. Disposal of dredged material on beaches.

Sec. 220. Fish and wildlife mitigation.

Sec. 221. Reimbursement of non-Federal interest.

Sec. 222. National Contaminated Sediment Task Force.

Sec. 223. John Glenn Great Lakes Basin program.

Sec. 224. Projects for improvement of the environment.

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

flood control, and navigation.

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

Sec. 227. Small storm damage reduction projects.

Sec. 228. Shore damage prevention or mitigation.

Sec. 229. Atlantic coast of New York.

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

Sec. 231. Mississippi River Commission.

Sec. 232. Use of private enterprises.

TITLE III—PROJECT-RELATED PROVISIONS

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

Sec. 302. Upper Susquehanna River basin, Pennsylvania and New York.

Sec. 303. Small flood control projects.

Sec. 304. Small navigation projects.

Sec. 305. Streambank protection projects.

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

Sec. 307. Guilford and New Haven, Connecticut.

Sec. 308. Francis Bland Floodway Ditch.

Sec. 309. Caloosahatchee River basin, Florida.

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

Sec. 311. City of Miami Beach, Florida.

Sec. 312. Sardis Reservoir, Oklahoma.
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Sec. 313. Upper Mississippi River and Illinois waterway system navigation modernization.

Sec. 314. Upper Mississippi River management.

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

salmon survival.

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

Sec. 317. Larkspur Ferry Channel, California.

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

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

ports.

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

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

Sec. 322. Eyak River, Cordova, Alaska.

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

Sec. 324. Kanopolis Lake, Kansas.

Sec. 325. New York City watershed.

Sec. 326. City of Charlevoix reimbursement, Michigan.

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

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

Sec. 329. Overflow management facility, Rhode Island.

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

and Maryland.

Sec. 331. Everglades and south Florida ecosystem restoration.

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

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

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

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

Sec. 336. Environmental infrastructure.

Sec. 337. Water monitoring station.

Sec. 338. Upper Mississippi River comprehensive plan.

Sec. 339. McNary Lock and Dam, Washington.

Sec. 340. McNary National Wildlife Refuge.

TITLE IV—CHEYENNE RIVER SIOUX TRIBE, LOWER BRULE SIOUX

TRIBE, AND STATE OF SOUTH DAKOTA TERRESTRIAL WILDLIFE

HABITAT RESTORATION

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

South Dakota Terrestrial Wildlife Habitat Restoration.

1 SEC. 2. DEFINITION OF SECRETARY.

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

3 of the Army.
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1 TITLE I—WATER RESOURCES

2 PROJECTS

3 SEC. 101. PROJECT AUTHORIZATIONS.

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

7 out by the Secretary substantially in accordance with the

8 plans, and subject to the conditions, described in the respec9 tive reports designated in this section:

10 (1) SAND POINT HARBOR, ALASKA.—The project

11 for navigation, Sand Point Harbor, Alaska: Report of

12 the Chief of Engineers dated October 13, 1998, at a

13 total cost of $11,760,000, with an estimated Federal

14 cost of $6,964,000 and an estimated non-Federal cost

15 of $4,796,000.

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

17 project for environmental restoration, Rio Salado

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

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

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

22 $31,693,000.

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

24 project for flood damage reduction, environmental res25 toration, and recreation, Tucson drainage area, Ari-
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1 zona: Report of the Chief of Engineers dated May 20,

2 1998, at a total cost of $29,900,000, with an esti3 mated Federal cost of $16,768,000 and an estimated

4 non-Federal cost of $13,132,000.

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

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

8 damage reduction described as the Folsom

9 Stepped Release Plan in the Corps of Engineers

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

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

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

14 an estimated non-Federal cost of $176,100,000.

15 (B) IMPLEMENTATION.—

16 (i) IN GENERAL.—Implementation of

17 the measures by the Secretary pursuant to

18 subparagraph (A) shall be undertaken after

19 completion of the levee stabilization and

20 strengthening and flood warning features

21 authorized by section 101(a)(1) of the Water

22 Resources Development Act of 1996 (110

23 Stat. 3662).

24 (ii) FOLSOM DAM AND RESERVOIR.—

25 The Secretary may undertake measures at
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1 the Folsom Dam and Reservoir authorized

2 under subparagraph (A) only after review3 ing the design of such measures to deter4 mine if modifications are necessary to ac5 count for changed hydrologic conditions and

6 any other changed conditions in the project

7 area, including operational and construc8 tion impacts that have occurred since com9 pletion of the report referred to in subpara10 graph (A). The Secretary shall conduct the

11 review and develop the modifications to the

12 Folsom Dam and Reservoir with the full

13 participation of the Secretary of the Inte14 rior.

15 (iii) REMAINING DOWNSTREAM ELE16 MENTS.—

17 (I) IN GENERAL.—Implementa18 tion of the remaining downstream ele19 ments authorized pursuant to subpara20 graph (A) may be undertaken only

21 after the Secretary, in consultation

22 with affected Federal, State, regional,

23 and local entities, has reviewed the ele24 ments to determine if modifications are

25 necessary to address changes in the hy-
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1 drologic conditions, any other changed

2 conditions in the project area that have

3 occurred since completion of the report

4 referred to in subparagraph (A) and

5 any design modifications for the Fol6 som Dam and Reservoir made by the

7 Secretary in implementing the meas8 ures referred to in clause (ii), and has

9 issued a report on the review.

10 (II) PRINCIPLES AND GUIDE11 LINES.—The review shall be prepared

12 in accordance with the economic and

13 environmental principles and guide14 lines for water and related land re15 sources implementation studies, and no

16 construction may be initiated unless

17 the Secretary determines that the re18 maining downstream elements are

19 technically sound, environmentally ac20 ceptable, and economically justified.

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

22 for completion of the remaining reaches of the Nat23 ural Resources Conservation Service flood control

24 project at Llagas Creek, California, undertaken pur25 suant to section 5 of the Watershed Protection and
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1 Flood Prevention Act (16 U.S.C. 1005), substantially

2 in accordance with the requirements of local coopera3 tion as specified in section 4 of that Act (16 U.S.C.

4 1004) at a total cost of $45,000,000, with an esti5 mated Federal cost of $21,800,000 and an estimated

6 non-Federal cost of $23,200,000.

7 (6) SOUTH SACRAMENTO COUNTY STREAMS,

8 CALIFORNIA.—The project for flood control, environ9 mental restoration, and recreation, South Sacramento

10 County streams, California: Report of the Chief of

11 Engineers dated October 6, 1998, at a total cost of

12 $65,500,000, with an estimated Federal cost of

13 $41,200,000 and an estimated non-Federal cost of

14 $24,300,000.

15 (7) UPPER GUADALUPE RIVER, CALIFORNIA.—

16 Construction of the locally preferred plan for flood

17 damage reduction and recreation, Upper Guadalupe

18 River, California, described as the Bypass Channel

19 Plan of the Chief of Engineers dated August 19, 1998,

20 at a total cost of $137,600,000, with an estimated

21 Federal cost of $44,000,000 and an estimated non22 Federal cost of $93,600,000.

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

24 project for flood damage reduction, Yuba River Basin,

25 California: Report of the Chief of Engineers dated No-
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1 vember 25, 1998, at a total cost of $26,600,000, with

2 an estimated Federal cost of $17,350,000 and an esti3 mated non-Federal cost of $9,250,000.

4 (9) DELAWARE BAY COASTLINE: DELAWARE AND

5 NEW JERSEY-BROADKILL BEACH, DELAWARE.—

6 (A) IN GENERAL.—The project for hurricane

7 and storm damage reduction and shore protec8 tion, Delaware Bay coastline: Delaware and New

9 Jersey-Broadkill Beach, Delaware, Report of the

10 Chief of Engineers dated August 17, 1998, at a

11 total cost of $9,049,000, with an estimated Fed12 eral cost of $5,674,000 and an estimated non13 Federal cost of $3,375,000.

14 (B) PERIODIC NOURISHMENT.—Periodic

15 nourishment is authorized for a 50-year period

16 at an estimated average annual cost of $538,200,

17 with an estimated annual Federal cost of

18 $349,800 and an estimated annual non-Federal

19 cost of $188,400.

20 (10) DELAWARE BAY COASTLINE: DELAWARE AND

21 NEW JERSEY-PORT MAHON, DELAWARE.—

22 (A) IN GENERAL.—The project for ecosystem

23 restoration and shore protection, Delaware Bay

24 coastline: Delaware and New Jersey-Port Mahon,

25 Delaware: Report of the Chief of Engineers dated
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1 September 28, 1998, at a total cost of

2 $7,644,000, with an estimated Federal cost of

3 $4,969,000 and an estimated non-Federal cost of

4 $2,675,000.

5 (B) PERIODIC NOURISHMENT.—Periodic

6 nourishment is authorized for a 50-year period

7 at an estimated average annual cost of $234,000,

8 with an estimated annual Federal cost of

9 $152,000 and an estimated annual non-Federal

10 cost of $82,000.

11 (11) HILLSBORO AND OKEECHOBEE AQUIFER

12 STORAGE AND RECOVERY PROJECT, FLORIDA.—The

13 project for aquifer storage and recovery described in

14 the Corps of Engineers Central and Southern Florida

15 Water Supply Study, Florida, dated April 1989, and

16 in House Document 369, dated July 30, 1968, at a

17 total cost of $27,000,000, with an estimated Federal

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

19 of $13,500,000.

20 (12) INDIAN RIVER COUNTY, FLORIDA.—Notwith21 standing section 1001(a) of the Water Resources De22 velopment Act of 1986 (33 U.S.C. 579a(a)), the

23 project for shoreline protection, Indian River County,

24 Florida, authorized by section 501(a) of that Act (100
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1 Stat. 4134), shall remain authorized for construction

2 through December 31, 2002.

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

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

5 protection at Lido Key Beach, Sarasota, Florida,

6 authorized by section 101 of the River and Har7 bor Act of 1970 (84 Stat. 1819) and deauthorized

8 by operation of section 1001(b) of the Water Re9 sources Development Act of 1986 (33 U.S.C.

10 579a(b)), is authorized to be carried out by the

11 Secretary at a total cost of $5,200,000, with an

12 estimated Federal cost of $3,380,000 and an esti13 mated non-Federal cost of $1,820,000.

14 (B) PERIODIC NOURISHMENT.—Periodic

15 nourishment is authorized for a 50-year period

16 at an estimated average annual cost of $602,000,

17 with an estimated annual Federal cost of

18 $391,000 and an estimated annual non-Federal

19 cost of $211,000.

20 (14) TAMPA HARBOR-BIG BEND CHANNEL, FLOR21 IDA.—The project for navigation, Tampa Harbor-Big

22 Bend Channel, Florida: Report of the Chief of Engi23 neers dated October 13, 1998, at a total cost of

24 $12,356,000, with an estimated Federal cost of
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1 $6,235,000 and an estimated non-Federal cost of

2 $6,121,000.

3 (15) BRUNSWICK HARBOR, GEORGIA.—The

4 project for navigation, Brunswick Harbor, Georgia:

5 Report of the Chief of Engineers dated October 6,

6 1998, at a total cost of $50,717,000, with an esti7 mated Federal cost of $32,966,000 and an estimated

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

9 (16) BEARGRASS CREEK, KENTUCKY.—The

10 project for flood damage reduction, Beargrass Creek,

11 Kentucky: Report of the Chief of Engineers dated May

12 12, 1998, at a total cost of $11,172,000, with an esti13 mated Federal cost of $7,262,000 and an estimated

14 non-Federal cost of $3,910,000.

15 (17) AMITE RIVER AND TRIBUTARIES, LOU16 ISIANA, EAST BATON ROUGE PARISH WATERSHED.—

17 The project for flood damage reduction and recre18 ation, Amite River and Tributaries, Louisiana, East

19 Baton Rouge Parish Watershed: Report of the Chief of

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

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

22 $73,400,000 and an estimated non-Federal cost of

23 $39,500,000.

24 (18) BALTIMORE HARBOR ANCHORAGES AND

25 CHANNELS, MARYLAND AND VIRGINIA.—
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1 (A) IN GENERAL.—The project for naviga2 tion, Baltimore Harbor Anchorages and Chan3 nels, Maryland and Virginia, Report of the Chief

4 of Engineers dated June 8, 1998, at a total cost

5 of $28,426,000, with an estimated Federal cost of

6 $18,994,000 and an estimated non-Federal cost

7 of $9,432,000.

8 (B) CREDIT OR REIMBURSEMENT.—If a

9 project cooperation agreement is entered into, the

10 non-Federal interest shall receive credit or reim11 bursement of the Federal share of project costs for

12 construction work performed by the non-Federal

13 interest before execution of the project coopera14 tion agreement if the Secretary finds the work to

15 be integral to the project.

16 (C) STUDY OF MODIFICATIONS.—During the

17 preconstruction engineering and design phase of

18 the project, the Secretary shall conduct a study

19 to determine the feasibility of undertaking fur20 ther modifications to the Dundalk Marine Ter21 minal access channels, consisting of—

22 (i) deepening and widening the Dun23 dalk access channels to a depth of 50 feet

24 and a width of 500 feet;
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1 (ii) widening the flares of the access

2 channels; and

3 (iii) providing a new flare on the west

4 side of the entrance to the east access chan5 nel.

6 (D) REPORT.—

7 (i) IN GENERAL.—Not later than

8 March 1, 2000, the Secretary shall submit

9 to Congress a report on the study under

10 subparagraph (C).

11 (ii) CONTENTS.—The report shall in12 clude a determination of—

13 (I) the feasibility of performing

14 the project modifications described in

15 subparagraph (C); and

16 (II) the appropriateness of cred17 iting or reimbursing the Federal share

18 of the cost of the work performed by the

19 non-Federal interest on the project

20 modifications.

21 (19) RED LAKE RIVER AT CROOKSTON, MIN22 NESOTA.—The project for flood damage reduction,

23 Red Lake River at Crookston, Minnesota: Report of

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

25 total cost of $8,950,000, with an estimated Federal
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1 cost of $5,720,000 and an estimated non-Federal cost

2 of $3,230,000.

3 (20) NEW JERSEY SHORE PROTECTION, TOWN4 SENDS INLET TO CAPE MAY INLET, NEW JERSEY.—

5 (A) IN GENERAL.—The project for hurricane

6 and storm damage reduction, ecosystem restora7 tion, and shore protection, New Jersey coastline,

8 Townsends Inlet to Cape May Inlet, New Jersey:

9 Report of the Chief of Engineers dated September

10 28, 1998, at a total cost of $56,503,000, with an

11 estimated Federal cost of $36,727,000 and an es12 timated non-Federal cost of $19,776,000.

13 (B) PERIODIC NOURISHMENT.—Periodic

14 nourishment is authorized for a 50-year period

15 at an estimated average annual cost of

16 $2,000,000, with an estimated annual Federal

17 cost of $1,300,000 and an estimated annual non18 Federal cost of $700,000.

19 (21) PARK RIVER, NORTH DAKOTA.—

20 (A) IN GENERAL.—Subject to the condition

21 stated in subparagraph (B), the project for flood

22 control, Park River, Grafton, North Dakota, au23 thorized by section 401(a) of the Water Resources

24 Development Act of 1986 (100 Stat. 4121) and

25 deauthorized under section 1001(a) of the Water
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1 Resources Development Act of 1986 (33 U.S.C.

2 579a), at a total cost of $28,100,000, with an es3 timated Federal cost of $18,265,000 and an esti4 mated non-Federal cost of $9,835,000.

5 (B) CONDITION.—No construction may be

6 initiated unless the Secretary determines through

7 a general reevaluation report using current data,

8 that the project is technically sound, environ9 mentally acceptable, and economically justified.

10 (22) SALT CREEK, GRAHAM, TEXAS.—The project

11 for flood control, environmental restoration, and

12 recreation, Salt Creek, Graham, Texas: Report of the

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

14 cost of $10,080,000, with an estimated Federal cost of

15 $6,560,000 and an estimated non-Federal cost of

16 $3,520,000.

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

18 following projects for water resources development and con19 servation and other purposes are authorized to be carried

20 out by the Secretary substantially in accordance with the

21 plans, and subject to the conditions recommended in a final

22 report of the Chief of Engineers as approved by the Sec23 retary, if a favorable report of the Chief is completed not

24 later than December 31, 1999:
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1 (1) NOME HARBOR IMPROVEMENTS, ALASKA.—

2 The project for navigation, Nome Harbor Improve3 ments, Alaska, at a total cost of $24,608,000, with an

4 estimated first Federal cost of $19,660,000 and an es5 timated first non-Federal cost of $4,948,000.

6 (2) SEWARD HARBOR, ALASKA.—The project for

7 navigation, Seward Harbor, Alaska, at a total cost of

8 $12,240,000, with an estimated first Federal cost of

9 $4,364,000 and an estimated first non-Federal cost of

10 $7,876,000.

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

12 project for flood damage reduction, Arroyo Pasajero,

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

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

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

16 (4) HAMILTON AIRFIELD WETLAND RESTORA17 TION, CALIFORNIA.—The project for environmental

18 restoration at Hamilton Airfield, California, at a

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

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

21 of $13,800,000.

22 (5) OAKLAND, CALIFORNIA.—

23 (A) IN GENERAL.—The project for naviga24 tion and environmental restoration, Oakland,

25 California, at a total cost of $214,340,000, with
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1 an estimated Federal cost of $143,450,000 and

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

3 (B) BERTHING AREAS AND OTHER LOCAL

4 SERVICE FACILITIES.—The non-Federal interests

5 shall provide berthing areas and other local serv6 ice facilities necessary for the project at an esti7 mated cost of $42,310,000.

8 (6) SUCCESS DAM, TULE RIVER BASIN, CALI9 FORNIA.—The project for flood damage reduction and

10 water supply, Success Dam, Tule River basin, Cali11 fornia, at a total cost of $17,900,000, with an esti12 mated first Federal cost of $11,635,000 and an esti13 mated first non-Federal cost of $6,265,000.

14 (7) DELAWARE BAY COASTLINE: DELAWARE AND

15 NEW JERSEY-ROOSEVELT INLET-LEWES BEACH, DELA16 WARE.—

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

19 and storm damage reduction, Delaware Bay

20 coastline: Delaware and New Jersey-Roosevelt

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

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

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

24 $773,000.
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1 (B) PERIODIC NOURISHMENT.—Periodic

2 nourishment is authorized for a 50-year period

3 at an estimated average annual cost of $196,000,

4 with an estimated annual Federal cost of

5 $152,000 and an estimated annual non-Federal

6 cost of $44,000.

7 (8) DELAWARE COAST FROM CAPE HENELOPEN

8 TO FENWICK ISLAND, BETHANY BEACH/SOUTH BETH9 ANY BEACH, DELAWARE.—

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

11 and storm damage reduction and shore protec12 tion, Delaware Coast from Cape Henelopen to

13 Fenwick Island, Bethany Beach/South Bethany

14 Beach, Delaware, at a total cost of $22,205,000,

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

16 and an estimated non-Federal cost of $7,772,000.

17 (B) PERIODIC NOURISHMENT.—Periodic

18 nourishment is authorized for a 50-year period

19 at an estimated average annual cost of

20 $1,584,000, with an estimated annual Federal

21 cost of $1,030,000 and an estimated annual non22 Federal cost of $554,000.

23 (9) JACKSONVILLE HARBOR, FLORIDA.—The

24 project for navigation, Jacksonville Harbor, Florida,

25 at a total cost of $26,116,000, with an estimated Fed-
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1 eral cost of $9,129,000 and an estimated non-Federal

2 cost of $16,987,000.

3 (10) LITTLE TALBOT ISLAND, DUVAL COUNTY,

4 FLORIDA.—The project for hurricane and storm dam5 age prevention and shore protection, Little Talbot Is6 land, Duval County, Florida, at a total cost of

7 $5,915,000, with an estimated Federal cost of

8 $3,839,000 and an estimated non-Federal cost of

9 $2,076,000.

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

11 FLORIDA.—The project for navigation and recreation,

12 Ponce de Leon Inlet, Volusia County, Florida, at a

13 total cost of $5,454,000, with an estimated Federal

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

15 of $2,466,000.

16 (12) SAVANNAH HARBOR EXPANSION, GEOR17 GIA.—

18 (A) IN GENERAL.—Subject to subparagraph

19 (B), the Secretary may carry out the project for

20 navigation, Savannah Harbor expansion, Geor21 gia, substantially in accordance with the plans,

22 and subject to the conditions, recommended in a

23 final report of the Chief of Engineers, with such

24 modifications as the Secretary deems appro25 priate, at a total cost of $230,174,000 (of which
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1 amount a portion is authorized for implementa2 tion of the mitigation plan), with an estimated

3 Federal cost of $145,160,000 and an estimated

4 non-Federal cost of $85,014,000.

5 (B) CONDITIONS.—The project authorized

6 by subparagraph (A) may be carried out only

7 after—

8 (i) the Secretary, in consultation with

9 affected Federal, State, regional, and local

10 entities, has reviewed and approved an En11 vironmental Impact Statement that

12 includes—

13 (I) an analysis of the impacts of

14 project depth alternatives ranging from

15 42 feet through 48 feet; and

16 (II) a selected plan for navigation

17 and associated mitigation plan as re18 quired by section 906(a) of the Water

19 Resources Development Act of 1986 (33

20 U.S.C. 2283); and

21 (ii) the Secretary of the Interior, the

22 Secretary of Commerce, and the Adminis23 trator of the Environmental Protection

24 Agency, with the Secretary, have approved

25 the selected plan and have determined that
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1 the mitigation plan adequately addresses

2 the potential environmental impacts of the

3 project.

4 (C) MITIGATION REQUIREMENTS.—The

5 mitigation plan shall be implemented in advance

6 of or concurrently with construction of the

7 project.

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

10 flood damage reduction, Turkey Creek Basin, Kansas

11 City, Missouri, and Kansas City, Kansas, at a total

12 cost of $42,875,000 with an estimated Federal cost of

13 $25,596,000 and an estimated non-Federal cost of

14 $17,279,000.

15 (14) DELAWARE BAY COASTLINE, OAKWOOD

16 BEACH, NEW JERSEY.—

17 (A) IN GENERAL.—The project for hurricane

18 and storm damage reduction, Delaware Bay

19 coastline, Oakwood Beach, New Jersey, at a total

20 cost of $3,380,000, with an estimated Federal

21 cost of $2,197,000 and an estimated non-Federal

22 cost of $1,183,000.

23 (B) PERIODIC NOURISHMENT.—Periodic

24 nourishment is authorized for a 50-year period

25 at an estimated average annual cost of $90,000,
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1 with an estimated annual Federal cost of

2 $58,000 and an estimated annual non-Federal

3 cost of $32,000.

4 (15) DELAWARE BAY COASTLINE, REEDS BEACH

5 AND PIERCES POINT, NEW JERSEY.—The project for

6 environmental restoration, Delaware Bay coastline,

7 Reeds Beach and Pierces Point, New Jersey, at a

8 total cost of $4,057,000, with an estimated Federal

9 cost of $2,637,000 and an estimated non-Federal cost

10 of $1,420,000.

11 (16) DELAWARE BAY COASTLINE, VILLAS AND VI12 CINITY, NEW JERSEY.—The project for environmental

13 restoration, Delaware Bay coastline, Villas and vicin14 ity, New Jersey, at a total cost of $7,520,000, with an

15 estimated Federal cost of $4,888,000 and an estimated

16 non-Federal cost of $2,632,000.

17 (17) LOWER CAPE MAY MEADOWS, CAPE MAY

18 POINT, NEW JERSEY.—

19 (A) IN GENERAL.—The project for naviga20 tion mitigation, ecosystem restoration, shore pro21 tection, and hurricane and storm damage reduc22 tion, Lower Cape May Meadows, Cape May

23 Point, New Jersey, at a total cost of $15,952,000,

24 with an estimated Federal cost of $12,118,000

25 and an estimated non-Federal cost of $3,834,000.
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1 (B) PERIODIC NOURISHMENT.—Periodic

2 nourishment is authorized for a 50-year period

3 at an estimated average annual cost of

4 $1,114,000, with an estimated annual Federal

5 cost of $897,000 and an estimated annual non6 Federal cost of $217,000.

7 (18) NEW JERSEY SHORE PROTECTION, BRIGAN8 TINE INLET TO GREAT EGG HARBOR, BRIGANTINE IS9 LAND, NEW JERSEY.—

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

11 and storm damage reduction and shore protec12 tion, New Jersey Shore protection, Brigantine

13 Inlet to Great Egg Harbor, Brigantine Island,

14 New Jersey, at a total cost of $4,970,000, with

15 an estimated Federal cost of $3,230,000 and an

16 estimated non-Federal cost of $1,740,000.

17 (B) PERIODIC NOURISHMENT.—Periodic

18 nourishment is authorized for a 50-year period

19 at an estimated average annual cost of $465,000,

20 with an estimated annual Federal cost of

21 $302,000 and an estimated annual non-Federal

22 cost of $163,000.

23 (19) COLUMBIA RIVER CHANNEL DEEPENING, OR24 EGON AND WASHINGTON.—
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1 (A) IN GENERAL.—The project for naviga2 tion, Columbia River channel deepening, Oregon

3 and Washington, at a total cost of $176,700,000,

4 with an estimated Federal cost of $116,900,000

5 and an estimated non-Federal cost of

6 $59,800,000.

7 (B) BERTHING AREAS AND OTHER LOCAL

8 SERVICE FACILITIES.—The non-Federal interests

9 shall provide berthing areas and other local serv10 ice facilities necessary for the project at an esti11 mated cost of $1,200,000.

12 (20) MEMPHIS HARBOR, MEMPHIS, TEN13 NESSEE.—

14 (A) IN GENERAL.—Subject to subparagraph

15 (B), the project for navigation, Memphis Harbor,

16 Memphis, Tennessee, authorized by section

17 601(a) of the Water Resources Development Act

18 of 1986 (100 Stat. 4145) and deauthorized under

19 section 1001(a) of that Act (33 U.S.C. 579a(a))

20 is authorized to be carried out by the Secretary.

21 (B) CONDITION.—No construction may be

22 initiated unless the Secretary determines through

23 a general reevaluation report using current data,

24 that the project is technically sound, environ25 mentally acceptable, and economically justified.
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1 (21) JOHNSON CREEK, ARLINGTON, TEXAS.—The

2 project for flood damage reduction, environmental res3 toration, and recreation, Johnson Creek, Arlington,

4 Texas, at a total cost of $20,300,000, with an esti5 mated Federal cost of $12,000,000 and an estimated

6 non-Federal cost of $8,300,000.

7 (22) HOWARD HANSON DAM, WASHINGTON.—The

8 project for water supply and ecosystem restoration,

9 Howard Hanson Dam, Washington, at a total cost of

10 $75,600,000, with an estimated Federal cost of

11 $36,900,000 and an estimated non-Federal cost of

12 $38,700,000.

13 SEC. 102. PROJECT MODIFICATIONS.

14 (a) PROJECTS WITH REPORTS.—

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

16 project for flood control, San Lorenzo River, Cali17 fornia, authorized by section 101(a)(5) of the Water

18 Resources Development Act of 1996 (110 Stat. 3663),

19 is modified to authorize the Secretary to include as

20 a part of the project streambank erosion control meas21 ures to be undertaken substantially in accordance

22 with the report entitled ‘‘Bank Stabilization Concept,

23 Laurel Street Extension’’, dated April 23, 1998, at a

24 total cost of $4,000,000, with an estimated Federal
27

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1 cost of $2,600,000 and an estimated non-Federal cost

2 of $1,400,000.

3 (2) ST. JOHNS COUNTY SHORE PROTECTION,

4 FLORIDA.—

5 (A) IN GENERAL.—The project for hurricane

6 and storm damage reduction and shore protec7 tion, St. Johns County, Florida, authorized by

8 section 501(a) of the Water Resources Develop9 ment Act of 1986 (100 Stat. 4133) is modified

10 to authorize the Secretary to include navigation

11 mitigation as a purpose of the project in accord12 ance with the report of the Corps of Engineers

13 dated November 18, 1998, at a total cost of

14 $16,086,000, with an estimated Federal cost of

15 $12,949,000 and an estimated non-Federal cost

16 of $3,137,000.

17 (B) PERIODIC NOURISHMENT.—Periodic

18 nourishment is authorized for a 50-year period

19 at an estimated average annual cost of

20 $1,251,000, with an estimated annual Federal

21 cost of $1,007,000 and an estimated annual non22 Federal cost of $244,000.

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

24 The project for flood control, Wood River, Grand Is25 land, Nebraska, authorized by section 101(a)(19) of
28

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1 the Water Resources Development Act of 1996 (110

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

3 construct the project in accordance with the Corps of

4 Engineers report dated June 29, 1998, at a total cost

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

6 $9,730,000 and an estimated non-Federal cost of

7 $7,309,000.

8 (4) ABSECON ISLAND, NEW JERSEY.—The project

9 for Absecon Island, New Jersey, authorized by section

10 101(b)(13) of the Water Resources Development Act of

11 1996 (110 Stat. 3668) is amended to authorize the

12 Secretary to reimburse the non-Federal interests for

13 all work performed, consistent with the authorized

14 project.

15 (5) ARTHUR KILL, NEW YORK AND NEW JER16 SEY.—

17 (A) IN GENERAL.—The project for naviga18 tion, Arthur Kill, New York and New Jersey, au19 thorized by section 202(b) of the Water Resources

20 Development Act of 1986 (100 Stat. 4098) and

21 modified by section 301(b)(11) of the Water Re22 sources Development Act of 1996 (110 Stat.

23 3711), is further modified to authorize the Sec24 retary to construct the project at a total cost of

25 $276,800,000, with an estimated Federal cost of
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1 $183,200,000 and an estimated non-Federal cost

2 of $93,600,000.

3 (B) BERTHING AREAS AND OTHER LOCAL

4 SERVICE FACILITIES.—The non-Federal interests

5 shall provide berthing areas and other local serv6 ice facilities necessary for the project at an esti7 mated cost of $38,900,000.

8 (6) WAURIKA LAKE, OKLAHOMA, WATER CONVEY9 ANCE FACILITIES.—The requirement for the Waurika

10 Project Master Conservancy District to repay the

11 $2,900,000 in costs (including interest) resulting from

12 the October 1991 settlement of the claim of the Trav13 elers Insurance Company before the United States

14 Claims Court related to construction of the water con15 veyance facilities authorized by the first section of

16 Public Law 88–253 (77 Stat. 841) is waived.

17 (b) PROJECTS SUBJECT TO REPORTS.—The following

18 projects are modified as follows, except that no funds may

19 be obligated to carry out work under such modifications

20 until completion of a final report by the Chief of Engineers,

21 as approved by the Secretary, finding that such work is

22 technically sound, environmentally acceptable, and eco23 nomically justified, as applicable:

24 (1) FORT PIERCE SHORE PROTECTION, FLOR25 IDA.—
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1 (A) IN GENERAL.—The Fort Pierce, Flor2 ida, shore protection and harbor mitigation

3 project authorized by section 301 of the River

4 and Harbor Act of 1965 (79 Stat. 1092) and sec5 tion 506(a)(2) of the Water Resources Develop6 ment Act of 1996 (110 Stat. 3757) is modified

7 to include an additional 1-mile extension of the

8 project and increased Federal participation in

9 accordance with section 101(c) of the Water Re10 sources Development Act of 1986 (33 U.S.C.

11 2211(c)), as described in the general reevaluation

12 report approved by the Chief of Engineers, at an

13 estimated total cost of $9,128,000, with an esti14 mated Federal cost of $7,074,000 and an esti15 mated non-Federal cost of $2,054,000.

16 (B) PERIODIC NOURISHMENT.—Periodic

17 nourishment is authorized for a 50-year period

18 for the modified project, at an estimated annual

19 cost of $559,000, with an estimated annual Fed20 eral cost of $433,000 and an estimated annual

21 non-Federal cost of $126,000.

22 (2) THORNTON RESERVOIR, COOK COUNTY, ILLI23 NOIS.—

24 (A) IN GENERAL.—The Thornton Reservoir

25 project, an element of the project for flood con-
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1 trol, Chicagoland Underflow Plan, Illinois, au2 thorized by section 3(a)(5) of the Water Re3 sources Development Act of 1988 (102 Stat.

4 4013), is modified to authorize the Secretary to

5 include additional permanent flood control stor6 age attributable to the Natural Resources Con7 servation Service Thornton Reservoir (Structure

8 84), Little Calumet River Watershed, Illinois,

9 approved under the Watershed Protection and

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

11 (B) COST SHARING.—Costs for the Thornton

12 Reservoir project shall be shared in accordance

13 with section 103 of the Water Resources Develop14 ment Act of 1986 (33 U.S.C. 2213).

15 (C) TRANSITIONAL STORAGE.—The Sec16 retary of Agriculture may cooperate with non17 Federal interests to provide, on a transitional

18 basis, flood control storage for the Natural Re19 sources Conservation Service Thornton Reservoir

20 (Structure 84) project in the west lobe of the

21 Thornton quarry.

22 (D) CREDITING.—The Secretary may credit

23 against the non-Federal share of the Thornton

24 Reservoir project all design and construction
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1 costs incurred by the non-Federal interests before

2 the date of enactment of this Act.

3 (E) REEVALUATION REPORT.—The Sec4 retary shall determine the credits authorized by

5 subparagraph (D) that are integral to the Thorn6 ton Reservoir project and the current total

7 project costs based on a limited reevaluation re8 port.

9 (3) WELLS HARBOR, WELLS, MAINE.—

10 (A) IN GENERAL.—The project for naviga11 tion, Wells Harbor, Maine, authorized by section

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

13 Stat. 480), is modified to authorize the Secretary

14 to realign the channel and anchorage areas based

15 on a harbor design capacity of 150 craft.

16 (B) DEAUTHORIZATION OF CERTAIN POR17 TIONS.—The following portions of the project are

18 not authorized after the date of enactment of this

19 Act:

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

21 the boundaries of which begin at a point

22 with coordinates N177,992.00, E394,831.00,

23 thence running south 83 degrees 58 minutes

24 14.8 seconds west 10.38 feet to a point

25 N177,990.91, E394,820.68, thence running
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1 south 11 degrees 46 minutes 47.7 seconds

2 west 991.76 feet to a point N177,020.04,

3 E394,618.21, thence running south 78 de4 grees 13 minutes 45.7 seconds east 10.00 feet

5 to a point N177,018.00, E394,628.00, thence

6 running north 11 degrees 46 minutes 22.8

7 seconds east 994.93 feet to the point of ori8 gin.

9 (ii) The portion of the 6-foot anchorage

10 the boundaries of which begin at a point

11 with coordinates N177,778.07, E394,336.96,

12 thence running south 51 degrees 58 minutes

13 32.7 seconds west 15.49 feet to a point

14 N177,768.53, E394,324.76, thence running

15 south 11 degrees 46 minutes 26.5 seconds

16 west 672.87 feet to a point N177,109.82,

17 E394,187.46, thence running south 78 de18 grees 13 minutes 45.7 seconds east 10.00 feet

19 to a point N177,107.78, E394,197.25, thence

20 running north 11 degrees 46 minutes 25.4

21 seconds east 684.70 feet to the point of ori22 gin.

23 (iii) The portion of the 10-foot settling

24 basin the boundaries of which begin at a

25 point with coordinates N177,107.78,
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1 E394,197.25, thence running north 78 de2 grees 13 minutes 45.7 seconds west 10.00

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

4 thence running south 11 degrees 46 minutes

5 15.7 seconds west 300.00 feet to a point

6 N176,816.13, E394,126.26, thence running

7 south 78 degrees 12 minutes 21.4 seconds

8 east 9.98 feet to a point N176,814.09,

9 E394,136.03, thence running north 11 de10 grees 46 minutes 29.1 seconds east 300.00

11 feet to the point of origin.

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

13 basin the boundaries of which begin at a

14 point with coordinates N177,018.00,

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

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

18 thence running south 11 degrees 46 minutes

19 44.0 seconds west 300.00 feet to a point

20 N176,726.36, E394,556.97, thence running

21 south 78 degrees 12 minutes 30.3 seconds

22 east 10.03 feet to a point N176,724.31,

23 E394,566.79, thence running north 11 de24 grees 46 minutes 22.4 seconds east 300.00

25 feet to the point of origin.
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1 (C) REDESIGNATIONS AS PART OF THE 6-

2 FOOT ANCHORAGE.—The following portions of

3 the project shall be redesignated as part of the 6-

4 foot anchorage:

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

6 the boundaries of which begin at a point

7 with coordinates N177,990.91, E394,820.68,

8 thence running south 83 degrees 58 minutes

9 40.8 seconds west 94.65 feet to a point

10 N177,980.98, E394,726.55, thence running

11 south 11 degrees 46 minutes 22.4 seconds

12 west 962.83 feet to a point N177,038.40,

13 E394,530.10, thence running south 78 de14 grees 13 minutes 45.7 seconds east 90.00 feet

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

16 running north 11 degrees 46 minutes 47.7

17 seconds east 991.76 feet to the point of ori18 gin.

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 running

23 north 78 degrees 13 minutes 30.5 seconds

24 west 160.00 feet to a point N177,052.69,

25 E394,461.58, thence running south 11 de-
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1 grees 46 minutes 45.4 seconds west 299.99

2 feet to a point N176,759.02, E394,400.34,

3 thence running south 78 degrees 13 minutes

4 17.9 seconds east 160 feet to a point

5 N176,726.36, E394,556.97, thence running

6 north 11 degrees 46 minutes 44.0 seconds

7 east 300.00 feet to the point of origin.

8 (D) REDESIGNATION AS PART OF THE 6-

9 FOOT CHANNEL.—The following portion of the

10 project shall be redesignated as part of the 6-foot

11 channel: the portion the boundaries of which

12 begin at a point with coordinates N178,102.26,

13 E394,751.83, thence running south 51 degrees 59

14 minutes 42.1 seconds west 526.51 feet to a point

15 N177,778.07, E394,336.96, thence running south

16 11 degrees 46 minutes 26.6 seconds west 511.83

17 feet to a point N177,277.01, E394,232.52, thence

18 running south 78 degrees 13 minutes 17.9 sec19 onds east 80.00 feet to a point N177,260.68,

20 E394,310.84, thence running north 11 degrees 46

21 minutes 24.8 seconds east 482.54 feet to a point

22 N177,733.07, E394,409.30, thence running north

23 51 degrees 59 minutes 41.0 seconds east 402.63

24 feet to a point N177,980.98, E394,726.55, thence
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1 running north 11 degrees 46 minutes 27.6 sec2 onds east 123.89 feet to the point of origin.

3 (E) REALIGNMENT.—The portion of the

4 project described in subparagraph (D) shall be

5 realigned to include the area located south of the

6 inner harbor settling basin in existence on the

7 date of enactment of this Act beginning at a

8 point with coordinates N176,726.36,

9 E394,556.97, thence running north 78 degrees 13

10 minutes 17.9 seconds west 160.00 feet to a point

11 N176,759.02, E394,400.34, thence running south

12 11 degrees 47 minutes 03.8 seconds west 45 feet

13 to a point N176,714.97, E394,391.15, thence

14 running south 78 degrees 13 minutes 17.9 sec15 onds 160.00 feet to a point N176,682.31,

16 E394,547.78, thence running north 11 degrees 47

17 minutes 03.8 seconds east 45 feet to the point of

18 origin.

19 (F) RELOCATION.—The Secretary may relo20 cate the settling basin feature of the project to the

21 outer harbor between the jetties.

22 (G) CONSERVATION EASEMENT.—The Sec23 retary of the Interior, acting through the Direc24 tor of the United States Fish and Wildlife Serv25 ice, may accept a conveyance of the right, but
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1 not the obligation, to enforce a conservation ease2 ment to be held by the State of Maine over cer3 tain land owned by the town of Wells, Maine,

4 that is adjacent to the Rachel Carson National

5 Wildlife Refuge.

6 (4) NEW YORK HARBOR AND ADJACENT CHAN7 NELS, PORT JERSEY, NEW JERSEY.—

8 (A) IN GENERAL.—The project for naviga9 tion, New York Harbor and adjacent channels,

10 Port Jersey, New Jersey, authorized by section

11 201(b) of the Water Resources Development Act

12 of 1986 (100 Stat. 4091), is modified to author13 ize the Secretary to construct the project at a

14 total cost of $102,545,000, with an estimated

15 Federal cost of $76,909,000 and an estimated

16 non-Federal cost of $25,636,000.

17 (B) BERTHING AREAS AND OTHER LOCAL

18 FACILITIES.—The non-Federal interests shall

19 provide berthing areas and other local service fa20 cilities necessary for the project at an estimated

21 cost of $722,000.

22 (5) WILLAMETTE RIVER TEMPERATURE CON23 TROL, MCKENZIE SUBBASIN, OREGON.—The project

24 for environmental restoration, Willamette River Tem25 perature Control, McKenzie Subbasin, Oregon, au-
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1 thorized by section 101(a)(25) of the Water Resources

2 Development Act of 1996 (110 Stat. 3665), is modi3 fied to authorize the Secretary to construct the project

4 at a total Federal cost of $64,741,000.

5 (6) WHITE RIVER BASIN, ARKANSAS AND MIS6 SOURI.—

7 (A) IN GENERAL.—The project for flood con8 trol, power generation and other purposes at the

9 White River Basin, Arkansas and Missouri, au10 thorized by section 4 of the Act of June 28, 1938

11 (52 Stat. 1218, chapter 795), and modified by

12 House Document 917, Seventy-sixth Congress,

13 Third Session, and House Document 290, Sev14 enty-seventh Congress, First Session, approved

15 August 18, 1941, and House Document 499,

16 Eighty-third Congress, Second Session, approved

17 September 3, 1954, and by section 304 of the

18 Water Resources Development Act of 1996 (110

19 Stat. 3711) is modified to authorize the Sec20 retary to provide minimum flows necessary to

21 sustain tail water trout fisheries by reallocating

22 the following amounts of project storage: Beaver

23 Lake, 3.5 feet; Table Rock, 2 feet; Bull Shoals

24 Lake, 5 feet; Norfork Lake, 3.5 feet; and Greers

25 Ferry Lake, 3 feet. The Secretary shall complete
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1 such report and submit it to the Congress by

2 July 30, 2000.

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

4 Engineers, required by this subsection, shall also

5 include a determination that the modification of

6 the project in subparagraph (A) does not ad7 versely affect other authorized project purposes,

8 and that no Federal costs are incurred.

9 (c) BEAVER LAKE, ARKANSAS, WATER SUPPLY STOR10 AGE REALLOCATION.—The Secretary shall reallocate ap11 proximately 31,000 additional acre-feet at Beaver Lake, Ar12 kansas, to water supply storage at no cost to the Beaver

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

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

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

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

17 MARYLAND.—The project for navigation, Baltimore Harbor

18 and Channels, Maryland, authorized by section 101 of the

19 River and Harbor Act of 1958 (72 Stat. 297), is modified

20 to direct the Secretary to straighten the Tolchester Channel

21 S-turn as part of project maintenance.

22 (e) TROPICANA WASH AND FLAMINGO WASH, NE23 VADA.—Any Federal costs associated with the Tropicana

24 and Flamingo Washes, Nevada, authorized by section

25 101(13) of the Water Resources Development Act of 1992
41

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1 (106 Stat. 4803), incurred by the non-Federal interest to

2 accelerate or modify construction of the project, in coopera3 tion with the Corps of Engineers, shall be considered to be

4 eligible for reimbursement by the Secretary.

5 (f) REDIVERSION PROJECT, COOPER RIVER, CHARLES6 TON HARBOR, SOUTH CAROLINA.—

7 (1) IN GENERAL.—The rediversion project, Coo8 per River, Charleston Harbor, South Carolina, au9 thorized by section 101 of the River and Harbor Act

10 of 1968 (82 Stat. 731) and modified by title I of the

11 Energy and Water Development Appropriations Act,

12 1992 (105 Stat. 517), is modified to authorize the

13 Secretary to pay the State of South Carolina not

14 more than $3,750,000, if the State enters into an

15 agreement with the Secretary providing that the State

16 shall perform all future operation of the St. Stephen,

17 South Carolina, fish lift (including associated studies

18 to assess the efficacy of the fish lift).

19 (2) CONTENTS.—The agreement shall specify the

20 terms and conditions under which payment will be

21 made and the rights of, and remedies available to, the

22 Secretary to recover all or a portion of the payment

23 if the State suspends or terminates operation of the

24 fish lift or fails to perform the operation in a manner

25 satisfactory to the Secretary.
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1 (3) MAINTENANCE.—Maintenance of the fish lift

2 shall remain a Federal responsibility.

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

4 project for flood control and navigation, Trinity River and

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

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

7 add environmental restoration as a project purpose.

8 (h) BEACH EROSION CONTROL AND HURRICANE PRO9 TECTION, VIRGINIA BEACH, VIRGINIA.—

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

11 that the Corps of Engineers does not receive appro12 priations sufficient to meet expected project expendi13 tures for that year, the Secretary shall accept from the

14 city of Virginia Beach, Virginia, for purposes of the

15 project for beach erosion control and hurricane protec16 tion, Virginia Beach, Virginia, authorized by section

17 501(a) of the Water Resources Development Act of

18 1986 (100 Stat. 4136), such funds as the city may

19 advance for the project.

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

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

24 by Congress for river and harbor, flood control, shore

25 protection, and related projects.
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1 (i) ELIZABETH RIVER, CHESAPEAKE, VIRGINIA.—Not2 withstanding any other provision of law, after the date of

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

4 not be obligated to make the annual cash contribution re5 quired under paragraph 1(9) of the Local Cooperation

6 Agreement dated December 12, 1978, between the Govern7 ment and the city for the project for navigation, southern

8 branch of Elizabeth River, Chesapeake, Virginia.

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

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

14 by the Secretary.

15 (k) MIAMI DADE AGRICULTURAL AND RURAL LAND

16 RETENTION PLAN AND SOUTH BISCAYNE, FLORIDA.—Sec17 tion 528(b)(3) of the Water Resources Development Act of

18 1996 (110 Stat. 3768) is amended by adding at the end

19 the following:

20 ‘‘(D) CREDIT AND REIMBURSEMENT OF

21 PAST AND FUTURE ACTIVITIES.—The Secretary

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

25 work that has been performed or will be per-
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1 formed in connection with a study or activity

2 meeting the requirements of subparagraph (A)

3 if—

4 ‘‘(i) the Secretary determines that—

5 ‘‘(I) the work performed by the

6 non-Federal sponsors will substantially

7 expedite completion of a critical res8 toration project; and

9 ‘‘(II) the work is necessary for a

10 critical restoration project; and

11 ‘‘(ii) the credit or reimbursement is

12 granted pursuant to a project-specific agree13 ment that prescribes the terms and condi14 tions of the credit or reimbursement.’’.

15 (l) LAKE MICHIGAN, ILLINOIS.—

16 (1) IN GENERAL.—The project for storm damage

17 reduction and shoreline protection, Lake Michigan, Il18 linois, from Wilmette, Illinois, to the Illinois-Indiana

19 State line, authorized by section 101(a)(12) of the

20 Water Resources Development Act of 1996 (110 Stat.

21 3664), is modified to provide for reimbursement for

22 additional project work undertaken by the non-Fed23 eral interest.

24 (2) CREDIT OR REIMBURSEMENT.—The Sec25 retary shall credit or reimburse the non-Federal inter-
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1 est for the Federal share of project costs incurred by

2 the non-Federal interest in designing, constructing, or

3 reconstructing reach 2F (700 feet south of Fullerton

4 Avenue and 500 feet north of Fullerton Avenue), reach

5 3M (Meigs Field), and segments 7 and 8 of reach 4

6 (43rd Street to 57th Street), if the non-Federal inter7 est carries out the work in accordance with plans ap8 proved by the Secretary, at an estimated total cost of

9 $83,300,000.

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

12 of project costs incurred by the non-Federal interest

13 in reconstructing the revetment structures protecting

14 Solidarity Drive in Chicago, Illinois, before the sign15 ing of the project cooperation agreement, at an esti16 mated total cost of $7,600,000.

17 (m) MEASUREMENTS OF LAKE MICHIGAN DIVER18 SIONS, ILLINOIS.—Section 1142(b) of the Water Resources

19 Development Act of 1986 (100 Stat. 4253) is amended by

20 striking ‘‘$250,000 per fiscal year for each fiscal year begin21 ning after September 30, 1986’’ and inserting ‘‘a total of

22 $1,250,000 for each of fiscal years 1999 through 2003’’.

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

24 The project for navigation at Dubuque, Iowa, authorized

25 by section 101 of the River and Harbor Act of 1960 (74
46

HR 1480 EAS

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

2 wetland demonstration area of approximately 1.5 acres to

3 be developed and operated by the Dubuque County Histor4 ical Society or a successor nonprofit organization.

5 (o) LOUISIANA STATE PENITENTIARY LEVEE.—The

6 Secretary may credit against the non-Federal share work

7 performed in the project area of the Louisiana State Peni8 tentiary Levee, Mississippi River, Louisiana, authorized by

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

10 1986 (100 Stat. 4117).

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

12 environmental infrastructure, Jackson County, Mississippi,

13 authorized by section 219(c)(5) of the Water Resources De14 velopment Act of 1992 (106 Stat. 4835) and modified by

15 section 504 of the Water Resources Development Act of 1996

16 (110 Stat. 3757), is modified to direct the Secretary to pro17 vide a credit, not to exceed $5,000,000, against the non18 Federal share of the cost of the project for the costs incurred

19 by the Jackson County Board of Supervisors since February

20 8, 1994, in constructing the project, if the Secretary deter21 mines that such costs are for work that the Secretary deter22 mines was compatible with and integral to the project.

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

24 CAROLINA.—
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1 (1) IN GENERAL.—Except as otherwise provided

2 in this paragraph, the Secretary shall convey to the

3 State of South Carolina all right, title, and interest

4 of the United States in the parcels of land described

5 in paragraph (2)(A) that are currently being man6 aged by the South Carolina Department of Natural

7 Resources for fish and wildlife mitigation purposes

8 for the Richard B. Russell Dam and Lake, South

9 Carolina, project authorized by the Flood Control Act

10 of 1966 and modified by the Water Resources Devel11 opment Act of 1986.

12 (2) LAND DESCRIPTION.—

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

14 conveyed are described in Exhibits A, F, and H

15 of Army Lease No. DACW21–1–93–0910 and as16 sociated supplemental agreements or are des17 ignated in red in Exhibit A of Army License No.

18 DACW21–3–85–1904, excluding all designated

19 parcels in the license that are below elevation

20 346 feet mean sea level or that are less than 300

21 feet measured horizontally from the top of the

22 power pool.

23 (B) MANAGEMENT OF EXCLUDED PAR24 CELS.—Management of the excluded parcels shall

25 continue in accordance with the terms of Army
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1 License No. DACW21–3–85–1904 until the Sec2 retary and the State enter into an agreement

3 under paragraph (6).

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

5 description of the land shall be determined by a

6 survey satisfactory to the Secretary, with the cost

7 of the survey borne by the State.

8 (3) COSTS OF CONVEYANCE.—The State shall be

9 responsible for all costs, including real estate trans10 action and environmental compliance costs, associated

11 with the conveyance.

12 (4) PERPETUAL STATUS.—

13 (A) IN GENERAL.—All land conveyed under

14 this paragraph shall be retained in public own15 ership and shall be managed in perpetuity for

16 fish and wildlife mitigation purposes in accord17 ance with a plan approved by the Secretary.

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

19 not managed for fish and wildlife mitigation

20 purposes in accordance with the plan, title to the

21 parcel shall revert to the United States.

22 (5) ADDITIONAL TERMS AND CONDITIONS.—The

23 Secretary may require such additional terms and

24 conditions in connection with the conveyance as the
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1 Secretary considers appropriate to protect the inter2 ests of the United States.

3 (6) FISH AND WILDLIFE MITIGATION AGREE4 MENT.—

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

6 the State of South Carolina not more than

7 $4,850,000 subject to the Secretary and the State

8 entering into a binding agreement for the State

9 to manage for fish and wildlife mitigation pur10 poses in perpetuity the lands conveyed under this

11 paragraph and excluded parcels designated in

12 Exhibit A of Army License No. DACW21–3–85–

13 1904.

14 (B) FAILURE OF PERFORMANCE.—The

15 agreement shall specify the terms and conditions

16 under which payment will be made and the

17 rights of, and remedies available to, the Federal

18 Government to recover all or a portion of the

19 payment if the State fails to manage any parcel

20 in a manner satisfactory to the Secretary.

21 (r) LAND CONVEYANCE, CLARKSTON, WASHINGTON.—

22 (1) IN GENERAL.—The Secretary shall convey to

23 the Port of Clarkston, Washington, all right, title, and

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

25 the land described in the Department of the Army
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1 lease No. DACW68–1–97–22, consisting of approxi2 mately 31 acres, the exact boundaries of which shall

3 be determined by the Secretary and the Port of

4 Clarkston.

5 (2) ADDITIONAL LAND.—The Secretary may con6 vey to the Port of Clarkston, Washington, such addi7 tional land located in the vicinity of Clarkston, Wash8 ington, as the Secretary determines to be excess to the

9 needs of the Columbia River Project and appropriate

10 for conveyance.

11 (3) TERMS AND CONDITIONS.—The conveyances

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

13 to such terms and conditions as the Secretary deter14 mines to be necessary to protect the interests of the

15 United States, including a requirement that the Port

16 of Clarkston pay all administrative costs associated

17 with the conveyances, including the cost of land sur18 veys and appraisals and costs associated with compli19 ance with applicable environmental laws (including

20 regulations).

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

22 be required to pay the fair market value, as deter23 mined by the Secretary, of any land conveyed pursu24 ant to paragraphs (1) and (2) that is not retained in

25 public ownership and used for public park or recre-
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1 ation purposes, except that the Secretary shall have a

2 right of reverter to reclaim possession and title to any

3 such land.

4 (s) WHITE RIVER, INDIANA.—The project for flood con5 trol, Indianapolis on West Fork of the White River, Indi6 ana, authorized by section 5 of the Act entitled ‘‘An Act

7 authorizing the construction of certain public works on riv8 ers and harbors for flood control, and other purposes’’, ap9 proved June 22, 1936 (49 Stat. 1586, chapter 688), as

10 modified by section 323 of the Water Resources Development

11 Act of 1996 (110 Stat. 3716), is modified to authorize the

12 Secretary to undertake the riverfront alterations described

13 in the Central Indianapolis Waterfront Concept Plan, dated

14 February 1994, for the Canal Development (Upper Canal

15 feature) and the Beveridge Paper feature, at a total cost

16 not to exceed $25,000,000, of which $12,500,000 is the esti17 mated Federal cost and $12,500,000 is the estimated non18 Federal cost, except that no such alterations may be under19 taken unless the Secretary determines that the alterations

20 authorized by this subsection, in combination with the al21 terations undertaken under section 323 of the Water Re22 sources Development Act of 1996 (110 Stat. 3716), are eco23 nomically justified.

24 (t) FOX POINT HURRICANE BARRIER, PROVIDENCE,

25 RHODE ISLAND.—The project for hurricane-flood protec-
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1 tion, Fox Point, Providence, Rhode Island, authorized by

2 section 203 of the Flood Control Act of 1958 (72 Stat. 306)

3 is modified to direct the Secretary to undertake the nec4 essary repairs to the barrier, as identified in the Condition

5 Survey and Technical Assessment dated April 1998 with

6 Supplement dated August 1998, at a total cost of

7 $3,000,000, with an estimated Federal cost of $1,950,000

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

9 (u) LEE COUNTY, CAPTIVA ISLAND SEGMENT, FLOR10 IDA.—

11 (1) IN GENERAL.—The project for shoreline pro12 tection, Lee County, Captiva Island segment, Florida,

13 authorized by section 506(b)(3)(A) of the Water Re14 sources Development Act of 1996 (110 Stat. 3758), is

15 modified to direct the Secretary to enter into an

16 agreement with the non-Federal interest to carry out

17 the project in accordance with section 206 of the

18 Water Resources Development Act of 1992 (33 U.S.C.

19 426i–1).

20 (2) DECISION DOCUMENT.—The design memo21 randum approved in 1996 shall be the decision docu22 ment supporting continued Federal participation in

23 cost sharing of the project.

24 (v) COLUMBIA RIVER CHANNEL, WASHINGTON AND

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

2 Columbia River between Vancouver, Washington, and

3 The Dalles, Oregon, authorized by the first section of

4 the Act of July 24, 1946 (60 Stat. 637, chapter 595),

5 is modified to authorize the Secretary to construct an

6 alternate barge channel to traverse the high span of

7 the Interstate Route 5 bridge between Portland, Or8 egon, and Vancouver, Washington, to a depth of 17

9 feet, with a width of approximately 200 feet through

10 the high span of the bridge and a width of approxi11 mately 300 feet upstream of the bridge.

12 (2) DISTANCE UPSTREAM.—The channel shall

13 continue upstream of the bridge approximately 2,500

14 feet to about river mile 107, then to a point of conver15 gence with the main barge channel at about river

16 mile 108.

17 (3) DISTANCE DOWNSTREAM.—

18 (A) SOUTHERN EDGE.—The southern edge

19 of the channel shall continue downstream of the

20 bridge approximately 1,500 feet to river mile

21 106+10, then turn northwest to tie into the edge

22 of the Upper Vancouver Turning Basin.

23 (B) NORTHERN EDGE.—The northern edge

24 of the channel shall continue downstream of the

25 bridge to the Upper Vancouver Turning Basin.
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1 SEC. 103. PROJECT DEAUTHORIZATIONS.

2 (a) BRIDGEPORT HARBOR, CONNECTICUT.—The por3 tion of the project for navigation, Bridgeport Harbor, Con4 necticut, authorized by section 101 of the River and Harbor

5 Act of 1958 (72 Stat. 297), consisting of a 2.4-acre anchor6 age area 9 feet deep and an adjacent 0.60-acre anchorage

7 area 6 feet deep, located on the west side of Johnsons River,

8 Connecticut, is not authorized after the date of enactment

9 of this Act.

10 (b) BASS HARBOR, MAINE.—

11 (1) DEAUTHORIZATION.—The portions of the

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

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

15 paragraph (2) are not authorized after the date of en16 actment of this Act.

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

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

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

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

22 the project to a point, N149061.55, E538550.11,

23 thence running southerly about 642.08 feet to a

24 point, N148477.64, E538817.18, thence running

25 southwesterly about 156.27 feet to a point on the

26 westerly limit of the project, N148348.50,
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1 E538737.02, thence running northerly about

2 149.00 feet along the westerly limit of the project

3 to a bend in the project, N148489.22,

4 E538768.09, thence running northwesterly about

5 610.39 feet along the westerly limit of the project

6 to the point of origin.

7 (B) Beginning at a point on the westerly

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

9 thence running southeasterly about 91.92 feet to

10 a point, N148041.43, E538739.07, thence run11 ning southerly about 65.00 feet to a point,

12 N147977.86, E538725.51, thence running south13 westerly about 91.92 feet to a point on the west14 erly limit of the project, N147927.84,

15 E538648.39, thence running northerly about

16 195.00 feet along the westerly limit of the project

17 to the point of origin.

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

19 navigation, Boothbay Harbor, Maine, authorized by the Act

20 of July 25, 1912 (37 Stat. 201, chapter 253), is not author21 ized after the date of enactment of this Act.

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

23 (1) DEAUTHORIZATION.—The portion of the

24 project for navigation, Carvers Harbor, Vinalhaven,

25 Maine, authorized by the Act of June 3, 1896 (com-
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1 monly known as the ‘‘River and Harbor Appropria2 tions Act of 1896’’) (29 Stat. 202, chapter 314), de3 scribed in paragraph (2) is not authorized after the

4 date of enactment of this Act.

5 (2) DESCRIPTION.—The portion of the project re6 ferred to in paragraph (1) is the portion of the 16-

7 foot anchorage beginning at a point with coordinates

8 N137,502.04, E895,156.83, thence running south 6 de9 grees 34 minutes 57.6 seconds west 277.660 feet to a

10 point N137,226.21, E895,125.00, thence running

11 north 53 degrees, 5 minutes 42.4 seconds west 127.746

12 feet to a point N137,302.92, E895022.85, thence run13 ning north 33 degrees 56 minutes 9.8 seconds east

14 239.999 feet to the point of origin.

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

16 of the Water Resources Development Act of 1996 (110 Stat.

17 3731) is amended by striking paragraph (9) and inserting

18 the following:

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

20 project for navigation, East Boothbay Harbor, Maine,

21 authorized by the first section of the Act entitled ‘An

22 Act making appropriations for the construction, re23 pair, and preservation of certain public works on riv24 ers and harbors, and for other purposes’, approved

25 June 25, 1910 (36 Stat. 657).’’.
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1 (f) SEARSPORT HARBOR, SEARSPORT, MAINE.—

2 (1) DEAUTHORIZATION.—The portion of the

3 project for navigation, Searsport Harbor, Searsport,

4 Maine, authorized by section 101 of the River and

5 Harbor Act of 1962 (76 Stat. 1173), described in

6 paragraph (2) is not authorized after the date of en7 actment of this Act.

8 (2) DESCRIPTION.—The portion of the project re9 ferred to in paragraph (1) is the portion of the 35-

10 foot turning basin beginning at a point with coordi11 nates N225,008.38, E395,464.26, thence running

12 north 43 degrees 49 minutes 53.4 seconds east 362.001

13 feet to a point N225,269.52, E395,714.96, thence run14 ning south 71 degrees 27 minutes 33.0 seconds east

15 1,309.201 feet to a point N224,853.22, E396,956.21,

16 thence running north 84 degrees 3 minutes 45.7 sec17 onds west 1,499.997 feet to the point of origin.

18 SEC. 104. STUDIES.

19 (a) CADDO LEVEE, RED RIVER BELOW DENISON DAM,

20 ARIZONA, LOUISIANA, OKLAHOMA, AND TEXAS.—The Sec21 retary shall conduct a study to determine the feasibility of

22 undertaking a project for flood control, Caddo Levee, Red

23 River Below Denison Dam, Arizona, Louisiana, Oklahoma,

24 and Texas, including incorporating the existing levee, along

25 Twelve Mile Bayou from its juncture with the existing Red
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1 River Below Denison Dam Levee approximately 26 miles

2 upstream to its terminus at high ground in the vicinity

3 of Black Bayou, Louisiana.

4 (b) BOYDSVILLE, ARKANSAS.—The Secretary shall

5 conduct a study to determine the feasibility of reservoir and

6 associated improvements to provide for flood control, recre7 ation, water quality, water supply, and fish and wildlife

8 purposes in the vicinity of Boydsville, Arkansas.

9 (c) UNION COUNTY, ARKANSAS.—The Secretary shall

10 conduct a study to determine the feasibility of municipal

11 and industrial water supply for Union County, Arkansas.

12 (d) WHITE RIVER BASIN, ARKANSAS AND MIS13 SOURI.—

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

15 study of the project for flood control, power genera16 tion, and other purposes at the White River Basin,

17 Arkansas and Missouri, authorized by section 4 of the

18 Act of June 28, 1938 (52 Stat. 1218, chapter 795),

19 and modified by H. Doc. 917, 76th Cong., 3d Sess.,

20 and H. Doc. 290, 77th Cong., 1st Sess., approved Au21 gust 18, 1941, and H. Doc. 499, 83d Cong., 2d Sess.,

22 approved September 3, 1954, and by section 304 of

23 the Water Resources Development Act of 1996 (110

24 Stat. 3711) to determine the feasibility of modifying
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1 the project to provide minimum flows necessary to

2 sustain the tail water trout fisheries.

3 (2) REPORT.—Not later than July 30, 2000, the

4 Secretary shall submit to Congress a report on the

5 study and any recommendations on reallocation of

6 storage at Beaver Lake, Table Rock, Bull Shoals

7 Lake, Norfolk Lake, and Greers Ferry Lake.

8 (e) FIELDS LANDING CHANNEL, HUMBOLDT HARBOR,

9 CALIFORNIA.—The Secretary—

10 (1) shall conduct a study for the project for navi11 gation, Fields Landing Channel, Humboldt Harbor

12 and Bay, California, to a depth of minus 35 feet

13 (MLLW), and for that purpose may use any feasi14 bility report prepared by the non-Federal sponsor

15 under section 203 of the Water Resources Development

16 Act of 1986 (33 U.S.C. 2231) for which reimburse17 ment of the Federal share of the study is authorized

18 subject to the availability of appropriations; and

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

20 of the River and Harbor Act of 1960 (33 U.S.C. 577),

21 if the Secretary determines that the project is feasible.

22 (f) FRAZIER CREEK, TULARE COUNTY, CALIFORNIA.—

23 The Secretary shall conduct a study to determine—

24 (1) the feasibility of restoring Frazier Creek,

25 Tulare County, California; and
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1 (2) the Federal interest in flood control, environ2 mental restoration, conservation of fish and wildlife

3 resources, recreation, and water quality of the creek.

4 (g) STRAWBERRY CREEK, BERKELEY, CALIFORNIA.—

5 The Secretary shall conduct a study to determine the feasi6 bility of restoring Strawberry Creek, Berkeley, California,

7 and the Federal interest in environmental restoration, con8 servation of fish and wildlife resources, recreation, and

9 water quality.

10 (h) WEST SIDE STORM WATER RETENTION FACILITY,

11 CITY OF LANCASTER, CALIFORNIA.—The Secretary shall

12 conduct a study to determine the feasibility of undertaking

13 measures to construct the West Side Storm Water Retention

14 Facility in the city of Lancaster, California.

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

16 shall conduct a study for the purpose of identifying—

17 (1) alternatives for the management of material

18 dredged in connection with operation and mainte19 nance of the Apalachicola River Navigation Project;

20 and

21 (2) alternatives that reduce the requirements for

22 such dredging.

23 (j) BROWARD COUNTY, SAND BYPASSING AT PORT EV24 ERGLADES, FLORIDA.—The Secretary shall conduct a study
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1 to determine the feasibility of constructing a sand bypass2 ing project at the Port Everglades Inlet, Florida.

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

4 FLORIDA.—The Secretary shall conduct a study to deter5 mine the feasibility of—

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

7 a breakwater for Destin Harbor; and

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

9 Pass, Florida, navigation project.

10 (l) GATEWAY TRIANGLE REDEVELOPMENT AREA,

11 FLORIDA.—

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

13 study to determine the feasibility of undertaking

14 measures to reduce the flooding problems in the vicin15 ity of Gateway Triangle Redevelopment Area, Flor16 ida.

17 (2) STUDIES AND REPORTS.—The study shall in18 clude a review and consideration of studies and re19 ports completed by the non-Federal interests.

20 (m) CITY OF PLANT CITY, FLORIDA.—

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

22 study to determine the feasibility of a flood control

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

2 study, the Secretary shall review and consider studies

3 and reports completed by the non-Federal interests.

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

5 study to determine the feasibility of undertaking flood con6 trol on the Boise River in Boise, Idaho.

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

8 The Secretary shall conduct a study to determine the feasi9 bility of undertaking flood damage reduction, water con10 servation, ground water recharge, ecosystem restoration,

11 and related purposes along the Goose Creek watershed near

12 Oakley, Idaho.

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

14 Secretary shall conduct a study to determine the feasibility

15 of restoring and repairing the Lava Rock Little Wood River

16 Containment System to prevent flooding in the city of

17 Gooding, Idaho.

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

19 IDAHO.—The Secretary shall conduct a study to determine

20 the feasibility of undertaking bank stabilization and flood

21 control on the Snake River at Lewiston, Idaho.

22 (r) SNAKE RIVER AND PAYETTE RIVER, IDAHO.—The

23 Secretary shall conduct a study to determine the feasibility

24 of a flood control project along the Snake River and Payette

25 River, in the vicinity of Payette, Idaho.
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1 (s) ACADIANA NAVIGATION CHANNEL, LOUISIANA.—

2 The Secretary shall conduct a study to determine the feasi3 bility of assuming operations and maintenance for the

4 Acadiana Navigation Channel located in Iberia and

5 Vermillion Parishes, Louisiana.

6 (t) CAMERON PARISH WEST OF CALCASIEU RIVER,

7 LOUISIANA.—The Secretary shall conduct a study to deter8 mine the feasibility of a storm damage reduction and eco9 system restoration project for Cameron Parish west of

10 Calcasieu River, Louisiana.

11 (u) BENEFICIAL USE OF DREDGED MATERIAL, COAST12 AL LOUISIANA.—The Secretary shall conduct a study to de13 termine the feasibility of using dredged material from

14 maintenance activities at Federal navigation projects in

15 coastal Louisiana to benefit coastal areas in the State.

16 (v) CONTRABAND BAYOU NAVIGATION CHANNEL, LOU17 ISIANA.—The Secretary shall conduct a study to determine

18 the feasibility of assuming the maintenance at Contraband

19 Bayou, Calcasieu River Ship Canal, Louisiana.

20 (w) GOLDEN MEADOW LOCK, LOUISIANA.—The Sec21 retary shall conduct a study to determine the feasibility of

22 converting the Golden Meadow floodgate into a navigation

23 lock to be included in the Larose to Golden Meadow Hurri24 cane Protection Project, Louisiana.
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1 (x) GULF INTRACOASTAL WATERWAY ECOSYSTEM

2 PROTECTION, CHEF MENTEUR TO SABINE RIVER, LOU3 ISIANA.—

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

5 study to determine the feasibility of undertaking eco6 system restoration and protection measures along the

7 Gulf Intracoastal Waterway from Chef Menteur to

8 Sabine River, Louisiana.

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

10 shall address saltwater intrusion, tidal scour, erosion,

11 compaction, subsidence, wind and wave action, bank

12 failure, and other problems relating to water resources

13 in the area.

14 (y) LAKE PONTCHARTRAIN, LOUISIANA, AND VICINITY,

15 ST. CHARLES PARISH PUMPS.—The Secretary shall con16 duct a study to determine the feasibility of modifying the

17 Lake Pontchartrain Hurricane Protection Project to in18 clude the St. Charles Parish Pumps and the modification

19 of the seawall fronting protection along Lake Pontchartrain

20 in Orleans Parish, from New Basin Canal on the west to

21 the Inner Harbor Navigation Canal on the east.

22 (z) LAKE PONTCHARTRAIN AND VICINITY SEAWALL

23 RESTORATION, LOUISIANA.—The Secretary shall conduct a

24 study to determine the feasibility of undertaking structural

25 modifications of that portion of the seawall fronting protec-
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1 tion along the south shore of Lake Pontchartrain in Orleans

2 Parish, Louisiana, extending approximately 5 miles from

3 the new basin Canal on the west to the Inner Harbor Navi4 gation Canal on the east as a part of the Lake Pont5 chartrain and Vicinity Hurricane Protection Project, au6 thorized by section 204 of the Flood Control Act of 1965

7 (79 Stat. 1077).

8 (aa) MUDDY RIVER, BROOKLINE AND BOSTON, MASSA9 CHUSETTS.—

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

11 the January 1999 study commissioned by the Boston

12 Parks and Recreation Department, Boston, Massachu13 setts, and entitled ‘‘The Emerald Necklace Environ14 mental Improvement Master Plan, Phase I Muddy

15 River Flood Control, Water Quality and Habitat En16 hancement’’, to determine whether the plans outlined

17 in the study for flood control, water quality, habitat

18 enhancements, and other improvements to the Muddy

19 River in Brookline and Boston, Massachusetts, are

20 cost-effective, technically sound, environmentally ac21 ceptable, and in the Federal interest.

22 (2) REPORT.—Not later than December 31, 1999,

23 the Secretary shall report to Congress the results of

24 the evaluation.
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1 (bb) DETROIT RIVER, MICHIGAN, GREENWAY COR2 RIDOR STUDY.—

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

4 study to determine the feasibility of a project for

5 shoreline protection, frontal erosion, and associated

6 purposes in the Detroit River shoreline area from the

7 Belle Isle Bridge to the Ambassador Bridge in De8 troit, Michigan.

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

10 the study, the Secretary shall review potential project

11 modifications to any existing Corps projects within

12 the same area.

13 (cc) ST. CLAIR SHORES FLOOD CONTROL, MICHI14 GAN.—The Secretary shall conduct a study to determine the

15 feasibility of constructing a flood control project at St. Clair

16 Shores, Michigan.

17 (dd) WOODTICK PENINSULA, MICHIGAN, AND TOLEDO

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

19 determine the feasibility of utilizing dredged material from

20 Toledo Harbor, Ohio, to provide erosion reduction, naviga21 tion, and ecosystem restoration at Woodtick Peninsula,

22 Michigan.

23 (ee) DREDGED MATERIAL MANAGEMENT, PASCAGOULA

24 HARBOR, MISSISSIPPI.—
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1 (1) IN GENERAL.—The Secretary shall conduct a

2 study to determine an alternative plan for dredged

3 material management for the Pascagoula River por4 tion of the project for navigation, Pascagoula Harbor,

5 Mississippi, authorized by section 202(a) of the Water

6 Resources Development Act of 1986 (100 Stat. 4094).

7 (2) CONTENTS.—The study under paragraph (1)

8 shall—

9 (A) include an analysis of the feasibility of

10 expanding the Singing River Island Disposal

11 Area or constructing a new dredged material dis12 posal facility; and

13 (2) identify methods of managing and re14 ducing sediment transport into the Federal navi15 gation channel.

16 (ff) TUNICA LAKE WEIR, MISSISSIPPI.—

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

18 study to determine the feasibility of constructing an

19 outlet weir at Tunica Lake, Tunica County, Mis20 sissippi, and Lee County, Arkansas, for the purpose

21 of stabilizing water levels in the Lake.

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

23 study, the Secretary shall include as a part of the eco24 nomic analysis the benefits derived from recreation
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1 uses at the Lake and economic benefits associated

2 with restoration of fish and wildlife habitat.

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

4 MISSOURI, RIVERFRONT AREA.—

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

6 to determine the optimal plan to protect facilities that

7 are located on the Mississippi River riverfront within

8 the boundaries of St. Louis, Missouri.

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

10 the Secretary shall—

11 (A) evaluate alternatives to offer safety and

12 security to facilities; and

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

14 evaluate the current situation, probable solu15 tions, and estimated costs.

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

17 Secretary shall submit to Congress a report on the re18 sults of the study.

19 (hh) YELLOWSTONE RIVER, MONTANA.—

20 (1) STUDY.—The Secretary shall conduct a com21 prehensive study of the Yellowstone River from Gar22 diner, Montana to the confluence of the Missouri

23 River to determine the hydrologic, biological, and so24 cioeconomic cumulative impacts on the river.
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1 (2) CONSULTATION AND COORDINATION.—The

2 Secretary shall conduct the study in consultation with

3 the United States Fish and Wildlife Service, the

4 United States Geological Survey, and the Natural Re5 sources Conservation Service and with the full par6 ticipation of the State of Montana and tribal and

7 local entities, and provide for public participation.

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

9 date of enactment of this Act, the Secretary shall sub10 mit a report to Congress on the results of the study.

11 (ii) LAS VEGAS VALLEY, NEVADA.—

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

13 comprehensive study of water resources located in the

14 Las Vegas Valley, Nevada.

15 (2) OBJECTIVES.—The study shall identify prob16 lems and opportunities related to ecosystem restora17 tion, water quality, particularly the quality of surface

18 runoff, water supply, and flood control.

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

21 establishing a flood forecasting system within the Oswego

22 River basin, New York.

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

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

2 conduct a comprehensive study of navigation needs at

3 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 future

10 requirements.

11 (2) ENVIRONMENTAL RESTORATION STUDY.—The

12 Secretary, acting through the Chief of Engineers, shall

13 review the report of the Chief of Engineers on the New

14 York Harbor, printed in the House Management Plan

15 of the Harbor Estuary Program, and other pertinent

16 reports concerning the New York Harbor Region and

17 the Port of New York-New Jersey, to determine the

18 Federal interest in advancing harbor environmental

19 restoration.

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

21 from the ongoing navigation study for New York and

22 New Jersey Harbor to complete a reconnaissance re23 port for environmental restoration by December 31,

24 1999. The navigation study to deepen New York and
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1 New Jersey Harbor shall consider beneficial use of

2 dredged material.

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

4 Secretary shall conduct a study to determine the feasibility

5 of undertaking repairs and related navigation improve6 ments at Dike 14, Cleveland, Ohio.

7 (mm) CHAGRIN, OHIO.—

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

9 study to determine the feasibility of undertaking flood

10 damage reduction at Chagrin, Ohio.

11 (2) ICE RETENTION STRUCTURE.—In conducting

12 the study, the Secretary may consider construction of

13 an ice retention structure as a potential means of

14 providing flood damage reduction.

15 (nn) TOUSSAINT RIVER, CARROLL TOWNSHIP,

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

17 the feasibility of undertaking navigation improvements at

18 Toussaint River, Carroll Township, Ohio.

19 (oo) SANTEE DELTA WETLAND HABITAT, SOUTH

20 CAROLINA.—Not later than 18 months after the date of en21 actment of this Act, the Secretary shall complete a com22 prehensive study of the ecosystem in the Santee Delta focus

23 area of South Carolina to determine the feasibility of under24 taking measures to enhance the wetland habitat in the area.
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1 (pp) WACCAMAW RIVER, SOUTH CAROLINA.—The Sec2 retary shall conduct a study to determine the feasibility of

3 a flood control project for the Waccamaw River in Horry

4 County, South Carolina.

5 (qq) UPPER SUSQUEHANNA-LACKAWANNA, PENNSYL6 VANIA, WATERSHED MANAGEMENT AND RESTORATION

7 STUDY.—

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

9 study to determine the feasibility of a comprehensive

10 flood plain management and watershed restoration

11 project for the Upper Susquehanna-Lackawanna Wa12 tershed, Pennsylvania.

13 (2) GEOGRAPHIC INFORMATION SYSTEM.—In

14 conducting the study, the Secretary shall use a geo15 graphic information system.

16 (3) PLANS.—The study shall formulate plans for

17 comprehensive flood plain management and environ18 mental restoration.

19 (4) CREDITING.—Non-Federal interests may re20 ceive credit for in-kind services and materials that

21 contribute to the study. The Secretary may credit

22 non-Corps Federal assistance provided to the non23 Federal interest toward the non-Federal share of

24 study costs to the maximum extent authorized by law.
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1 (rr) CONTAMINATED DREDGED MATERIAL AND SEDI2 MENT MANAGEMENT, SOUTH CAROLINA COASTAL AREAS.—

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

4 pertinent reports and conduct other studies and field

5 investigations to determine the best available science

6 and methods for management of contaminated

7 dredged material and sediments in the coastal areas

8 of South Carolina.

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

10 Secretary shall place particular focus on areas where

11 the Corps of Engineers maintains deep draft naviga12 tion projects, such as Charleston Harbor, Georgetown

13 Harbor, and Port Royal, South Carolina.

14 (3) COOPERATION.—The studies shall be con15 ducted in cooperation with the appropriate Federal

16 and State environmental agencies.

17 (ss) NIOBRARA RIVER AND MISSOURI RIVER SEDI18 MENTATION STUDY, SOUTH DAKOTA.—The Secretary shall

19 conduct a study of the Niobrara River watershed and the

20 operations of Fort Randall Dam and Gavins Point Dam

21 on the Missouri River to determine the feasibility of alle22 viating the bank erosion, sedimentation, and related prob23 lems in the lower Niobrara River and the Missouri River

24 below Fort Randall Dam.

25 (tt) SANTA CLARA RIVER, UTAH.—
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1 (1) IN GENERAL.—The Secretary shall conduct a

2 study to determine the feasibility of undertaking

3 measures to alleviate damage caused by flooding, bank

4 erosion, and sedimentation along the watershed of the

5 Santa Clara River, Utah, above the Gunlock Res6 ervoir.

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 Gun11 lock, Utah.

12 (uu) MOUNT ST. HELENS ENVIRONMENTAL RESTORA13 TION, WASHINGTON.—

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

15 study to determine the feasibility of ecosystem restora16 tion improvements throughout the Cowlitz and Toutle

17 River basins, Washington, including the 6,000 acres

18 of wetland, riverine, riparian, and upland habitats

19 lost or altered due to the eruption of Mount St. Hel20 ens in 1980 and subsequent emergency actions.

21 (2) REQUIREMENTS.—In carrying out the study,

22 the Secretary shall—

23 (A) work in close coordination with local

24 governments, watershed entities, the State of

25 Washington, and other Federal agencies; and
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1 (B) place special emphasis on—

2 (i) conservation and restoration strate3 gies to benefit species that are listed or pro4 posed for listing as threatened or endan5 gered species under the Endangered Species

6 Act of 1973 (16 U.S.C. 1531 et seq.); and

7 (ii) other watershed restoration objec8 tives.

9 (vv) AGAT SMALL BOAT HARBOR, GUAM.—The Sec10 retary shall conduct a study to determine the feasibility of

11 undertaking the repair and reconstruction of Agat Small

12 Boat Harbor, Guam, including the repair of existing shore

13 protection measures and construction or a revetment of the

14 breakwater seawall.

15 (ww) APRA HARBOR SEAWALL, GUAM.—The Secretary

16 shall conduct a study to determine the feasibility of under17 taking measures to repair, upgrade, and extend the seawall

18 protecting Apra Harbor, Guam, and to ensure continued

19 access to the harbor via Route 11B.

20 (xx) APRA HARBOR FUEL PIERS, GUAM.—The Sec21 retary shall conduct a study to determine the feasibility of

22 undertaking measures to upgrade the piers and fuel trans23 mission lines at the fuel piers in the Apra Harbor, Guam,

24 and measures to provide for erosion control and protection

25 against storm damage.
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1 (yy) MAINTENANCE DREDGING OF HARBOR PIERS,

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

3 the feasibility of Federal maintenance of areas adjacent to

4 piers at harbors in Guam, including Apra Harbor, Agat

5 Harbor, and Agana Marina.

6 (zz) ALTERNATIVE WATER SOURCES STUDY.—

7 (1) IN GENERAL.—The Administrator of the En8 vironmental Protection Agency shall conduct a study

9 of the water supply needs of States that are not cur10 rently eligible for assistance under title XVI of the

11 Reclamation Projects Authorization and Adjustment

12 Act of 1992 (43 U.S.C. 390h et seq.).

13 (2) REQUIREMENTS.—The study shall—

14 (A) identify the water supply needs (includ15 ing potable, commercial, industrial, recreational

16 and agricultural needs) of each State described

17 in paragraph (1) through 2020, making use of

18 such State, regional, and local plans, studies,

19 and reports as are available;

20 (B) evaluate the feasibility of various alter21 native water source technologies such as reuse

22 and reclamation of wastewater and stormwater

23 (including indirect potable reuse), aquifer stor24 age and recovery, and desalination to meet the
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1 anticipated water supply needs of the States;

2 and

3 (C) assess how alternative water sources

4 technologies can be utilized to meet the identified

5 needs.

6 (3) REPORT.—The Administrator shall report to

7 Congress on the results of the study not more than

8 180 days after the date of enactment of this Act.

9 (aaa) GREAT LAKES NAVIGATIONAL SYSTEM.—In con10 sultation with the St. Lawrence Seaway Development Cor11 poration, the Secretary shall review the Great Lakes Con12 necting Channel and Harbors Report dated March 1985 to

13 determine the feasibility of any modification of the rec14 ommendations made in the report to improve commercial

15 navigation on the Great Lakes navigation system, including

16 locks, dams, harbors, ports, channels, and other related fea17 tures.

18 TITLE II—GENERAL PROVISIONS

19 SEC. 201. FLOOD HAZARD MITIGATION AND RIVERINE ECO20 SYSTEM RESTORATION PROGRAM.

21 (a) IN GENERAL.—

22 (1) AUTHORIZATION.—The Secretary may carry

23 out a program to reduce flood hazards and restore the

24 natural functions and values of riverine ecosystems

25 throughout the United States.
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1 (2) STUDIES.—In carrying out the program, the

2 Secretary shall conduct studies to identify appro3 priate flood damage reduction, conservation, and res4 toration 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 Man11 agement Agency, the Department of the Interior, the

12 Environmental Protection Agency, and the Depart13 ment of Commerce.

14 (4) NONSTRUCTURAL APPROACHES.—The studies

15 and projects shall, to the extent practicable, emphasize

16 nonstructural approaches to preventing or reducing

17 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 Development

22 Act of 1986 (33 Stat. 2215).

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

24 pay 35 percent of the cost of any project carried out

25 under this section.
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1 (3) IN-KIND CONTRIBUTIONS.—The non-Federal

2 interests shall provide all land, easements, rights-of3 way, dredged material disposal areas, and relocations

4 necessary for the projects. The value of the land, ease5 ments, rights-of-way, dredged material disposal areas,

6 and relocations shall be credited toward the payment

7 required under this subsection.

8 (4) RESPONSIBILITIES OF THE NON-FEDERAL IN9 TERESTS.—The non-Federal interests shall be respon10 sible for all costs associated with operating, maintain11 ing, replacing, repairing, and rehabilitating all

12 projects carried out under this section.

13 (c) PROJECT JUSTIFICATION.—

14 (1) IN GENERAL.—The Secretary may implement

15 a project under this section if the Secretary deter16 mines 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 PROCE24 DURES.—Not later than 180 days after the date of en25 actment of this Act, the Secretary shall—
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1 (A) develop criteria for selecting and rating

2 the projects to be carried out as part of the pro3 gram authorized by this section; and

4 (B) establish policies and procedures for

5 carrying out the studies and projects undertaken

6 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 the

11 Committee on Transportation and Infrastructure of

12 the House of Representatives a written notification

13 describing the project and the determinations made

14 under subsection (c); and

15 (2) a period of 21 calendar days has expired fol16 lowing the date on which the notification was received

17 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) Los Angeles County drainage area, Cali22 fornia;

23 (2) Napa River Valley watershed, California;

24 (3) Le May, Missouri;

25 (4) the upper Delaware River basin, New York;
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1 (5) Mill Creek, Cincinnati, Ohio;

2 (6) Tillamook County, Oregon;

3 (7) Willamette River basin, Oregon;

4 (8) Delaware River, Pennsylvania;

5 (9) Schuylkill River, Pennsylvania; and

6 (10) Providence County, Rhode Island.

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

8 $25,000,000 in Army Civil Works appropriations may be

9 expended on any single project undertaken under this sec10 tion.

11 (g) AUTHORIZATION OF APPROPRIATIONS.—

12 (1) IN GENERAL.—There is authorized to be ap13 propriated to carry out this section $75,000,000 for

14 the period of fiscal years 2000 and 2001.

15 (2) PROGRAM FUNDING LEVELS.—All studies

16 and projects undertaken under this authority from

17 Army Civil Works appropriations shall be fully fund18 ed within the program funding levels provided in this

19 subsection.

20 SEC. 202. SHORE PROTECTION.

21 Section 103(d) of the Water Resources Development

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

23 (1) by striking ‘‘Costs of constructing’’ and in24 serting the following:
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1 ‘‘(1) CONSTRUCTION.—Costs of constructing’’;

2 and

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

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

5 project authorized for construction after December 31,

6 1999, or for which a feasibility study is completed

7 after that date, the non-Federal cost of the periodic

8 nourishment of projects or measures for shore protec9 tion or beach erosion control shall be 50 percent, ex10 cept that—

11 ‘‘(A) all costs assigned to benefits to pri12 vately owned shores (where use of such shores is

13 limited to private interests) or to prevention of

14 losses of private land shall be borne by non-Fed15 eral interests; and

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

17 federally owned shores shall be borne by the

18 United States.’’.

19 SEC. 203. SMALL FLOOD CONTROL AUTHORITY.

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

21 U.S.C. 701s) is amended—

22 (1) in the first sentence, by striking ‘‘construc23 tion of small projects’’ and inserting ‘‘implementation

24 of small structural and nonstructural projects’’; and
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1 (2) in the third sentence, by striking

2 ‘‘$5,000,000’’ and inserting ‘‘$7,000,000’’.

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

4 AND DISSEMINATING INFORMATION ON

5 FLOODS AND FLOOD DAMAGES.

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

7 U.S.C. 709a(b)) is amended in the third sentence by insert8 ing before the period at the end the following: ‘‘, but the

9 Secretary of the Army may accept funds voluntarily con10 tributed by such entities for the purpose of expanding the

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

12 SEC. 205. AQUATIC ECOSYSTEM RESTORATION.

13 Section 206(c) of the Water Resources Development Act

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

15 (1) by striking ‘‘Construction’’ and inserting the

16 following:

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

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

19 ‘‘(2) NONPROFIT ENTITIES.—Notwithstanding

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

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

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

23 nonprofit entity, with the consent of the affected local

24 government.’’.
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1 SEC. 206. 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 end

4 the following:

5 ‘‘(g) NONPROFIT ENTITIES.—Notwithstanding section

6 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d–

7 5b), for any project carried out under this section, a non8 Federal interest may include a nonprofit entity, with the

9 consent of the affected local government.’’.

10 SEC. 207. VOLUNTARY CONTRIBUTIONS BY STATES AND PO11 LITICAL SUBDIVISIONS.

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

13 is amended by inserting ‘‘or environmental restoration’’

14 after ‘‘flood control’’.

15 SEC. 208. 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) of

20 the Land and Water Conservation Fund Act of 1965

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

22 amount of receipts above a baseline of $34,000,000

23 per each fiscal year received from fees imposed at

24 recreation sites under the administrative jurisdiction

25 of the Department of the Army under section 4(b) of

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

4 the Secretary in accordance with subsection (b).

5 (3) AVAILABILITY.—The amounts withheld shall

6 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 Sec22 retary shall be available for expenditure, without further

23 Act of appropriation, at the specific project from which the

24 amount, above baseline, is collected.
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1 SEC. 209. 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 reduction,

7 and environmental restoration)’’.

8 SEC. 210. 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, the
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1 Secretary shall develop a plan for a project to

2 protect and enhance fish and wildlife habitat of

3 the Missouri River and the middle Mississippi

4 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, recre14 ation, and enhancement of water sup15 ply; and

16 (II) private property rights.

17 (ii) REQUIRED ACTIVITIES.—The plan

18 shall include—

19 (I) modification and improvement

20 of navigation training structures to

21 protect and enhance fish and wildlife

22 habitat;

23 (II) modification and creation of

24 side channels to protect and enhance

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

2 island fish and wildlife habitat;

3 (IV) creation of riverine fish and

4 wildlife habitat;

5 (V) establishment of criteria for

6 prioritizing the type and sequencing of

7 activities based on cost-effectiveness

8 and likelihood of success; and

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

11 project, to be performed by the River

12 Studies Center of the United States Ge13 ological Survey in Columbia, Missouri.

14 (2) IMPLEMENTATION OF ACTIVITIES.—

15 (A) IN GENERAL.—Using funds made avail16 able to carry out this section, the Secretary shall

17 carry out the activities described in the plan.

18 (B) USE OF EXISTING AUTHORITY FOR

19 UNCONSTRUCTED FEATURES OF THE PROJECT.—

20 Using funds made available to the Secretary

21 under other law, the Secretary shall design and

22 construct any feature of the project that may be

23 carried out using the authority of the Secretary

24 to modify an authorized project, if the Secretary
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1 determines that the design and construction

2 will—

3 (i) accelerate the completion of activi4 ties to protect and enhance fish and wildlife

5 habitat of the Missouri River or the middle

6 Mississippi River; and

7 (ii) be compatible with the project pur8 poses described in this section.

9 (c) INTEGRATION OF OTHER ACTIVITIES.—

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

11 described in subsection (b), the Secretary shall inte12 grate the activities with other Federal, State, and

13 tribal activities.

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

15 confers any new regulatory authority on any Federal

16 or non-Federal entity that carries out any activity

17 authorized by this section.

18 (d) PUBLIC PARTICIPATION.—In developing and car19 rying out the plan and the activities described in subsection

20 (b), the Secretary shall provide for public review and com21 ment in accordance with applicable Federal law,

22 including—

23 (1) providing advance notice of meetings;

24 (2) providing adequate opportunity for public

25 input and comment;
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1 (3) maintaining appropriate records; and

2 (4) compiling a record of the proceedings of

3 meetings.

4 (e) COMPLIANCE WITH APPLICABLE LAW.—In car5 rying out the activities described in subsections (b) and (c),

6 the Secretary shall comply with any applicable Federal

7 law, including the National Environmental Policy Act of

8 1969 (42 U.S.C. 4321 et seq.).

9 (f) COST SHARING.—

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

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

12 (2) FEDERAL SHARE.—The Federal share of the

13 cost of any 1 activity described in subsection (b) shall

14 not exceed $5,000,000.

15 (3) OPERATION AND MAINTENANCE.—The oper16 ation and maintenance of the project shall be a non17 Federal responsibility.

18 (g) AUTHORIZATION OF APPROPRIATIONS.—There is

19 authorized to be appropriated to pay the Federal share of

20 the cost of carrying out activities under this section

21 $30,000,000 for the period of fiscal years 2000 and 2001.

22 SEC. 211. OUTER CONTINENTAL SHELF.

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

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

25 1337(k)(2)(B)) is amended in the second sentence by insert-
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1 ing before the period at the end the following: ‘‘or any other

2 non-Federal interest subject to an agreement entered into

3 under section 221 of the Flood Control Act of 1970 (42

4 U.S.C. 1962d–5b)’’.

5 (b) REIMBURSEMENT FOR LOCAL INTERESTS.—Any

6 amounts paid by non-Federal interests for beach erosion

7 control, hurricane protection, shore protection, or storm

8 damage reduction projects as a result of an assessment

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

10 (43 U.S.C. 1337(k)) shall be fully reimbursed.

11 SEC. 212. ENVIRONMENTAL DREDGING.

12 Section 312(f) of the Water Resources Development Act

13 of 1990 (33 U.S.C. 1272(f)) is amended by adding at the

14 end the following:

15 ‘‘(6) Snake Creek, Bixby, Oklahoma.

16 ‘‘(7) Willamette River, Oregon.’’.

17 SEC. 213. BENEFIT OF PRIMARY FLOOD DAMAGES AVOIDED

18 INCLUDED IN BENEFIT-COST ANALYSIS.

19 Section 308 of the Water Resources Development Act

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

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

22 ‘‘BENEFIT-COST ANALYSIS’’ and inserting ‘‘ELE23 MENTS EXCLUDED FROM COST-BENEFIT ANALYSIS’’;

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

25 as subsections (c) through (f), respectively;
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1 (3) by inserting after subsection (a) the fol2 lowing:

3 ‘‘(b) ELEMENTS INCLUDED IN COST-BENEFIT ANAL4 YSIS.—The Secretary shall include primary flood damages

5 avoided in the benefit base for justifying Federal non6 structural flood damage reduction projects.’’; and

7 (4) in the first sentence of subsection (e) (as re8 designated by paragraph (2)), by striking ‘‘(b)’’ and

9 inserting ‘‘(d)’’.

10 SEC. 214. CONTROL OF AQUATIC PLANT GROWTH.

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

12 (33 U.S.C. 610(a)) is amended in the first sentence by strik13 ing ‘‘water-hyacinth, alligatorweed, Eurasian water milfoil,

14 melaleuca,’’ and inserting ‘‘Alligatorweed, Aquaticum,

15 Arundo Dona, Brazilian Elodea, Cabomba, Melaleuca,

16 Myrophyllum, Spicatum, Tarmarix, Water Hyacinth,’’.

17 SEC. 215. ENVIRONMENTAL INFRASTRUCTURE.

18 Section 219(c) of the Water Resources Development Act

19 of 1992 (106 Stat. 4835) is amended by adding at the end

20 the following:

21 ‘‘(19) LAKE TAHOE, CALIFORNIA AND NEVADA.—

22 Regional water system for Lake Tahoe, California

23 and Nevada.
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1 ‘‘(20) LANCASTER, CALIFORNIA.—Fox Field In2 dustrial Corridor water facilities, Lancaster, Cali3 fornia.

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

5 Valley recycled water project, San Ramon, Cali6 fornia.’’.

7 SEC. 216. WATERSHED MANAGEMENT, RESTORATION, AND

8 DEVELOPMENT.

9 Section 503 of the Water Resources Development Act

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

11 (1) in subsection (d)—

12 (A) by striking paragraph (10) and insert13 ing the following:

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

15 Georgia, and Lake Lanier of Forsyth and Hall Coun16 ties, Georgia.’’; and

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

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

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

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

21 Bay watershed, California.

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

23 ‘‘(18) Lake Tahoe watershed, California and Ne24 vada.

25 ‘‘(19) Malibu Creek watershed, California.
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1 ‘‘(20) Truckee River basin, Nevada.

2 ‘‘(21) Walker River basin, Nevada.

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

4 ‘‘(23) Catawba River watershed, North Carolina.

5 ‘‘(24) Columbia Slough watershed, Oregon.’’;

6 (2) by redesignating subsection (e) as subsection

7 (f); and

8 (3) by inserting after subsection (d) the fol9 lowing:

10 ‘‘(e) NONPROFIT ENTITIES.—Notwithstanding section

11 221(b) of the Flood Control Act of 1970 (42 U.S.C. 1962d–

12 5b(b)), for any project undertaken under this section, with

13 the consent of the affected local government, a non-Federal

14 interest may include a nonprofit entity.’’.

15 SEC. 217. LAKES PROGRAM.

16 Section 602(a) of the Water Resources Development

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

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

19 end;

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

21 the end; and

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

23 ‘‘(17) Clear Lake, Lake County, California, re24 moval of silt and aquatic growth and development of

25 a sustainable weed and algae management program;
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1 ‘‘(18) Flints Pond, Hollis, New Hampshire, re2 moval of excessive aquatic vegetation; and

3 ‘‘(19) Osgood Pond, Milford, New Hampshire, re4 moval of excessive aquatic vegetation.’’.

5 SEC. 218. SEDIMENTS DECONTAMINATION POLICY.

6 Section 405 of the Water Resources Development Act

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

8 amended—

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

10 following:

11 ‘‘(4) PRACTICAL END-USE PRODUCTS.—Tech12 nologies selected for demonstration at the pilot scale

13 shall result in practical end-use products.

14 ‘‘(5) ASSISTANCE BY THE SECRETARY.—The Sec15 retary shall assist the project to ensure expeditious

16 completion by providing sufficient quantities of con17 taminated dredged material to conduct the full-scale

18 demonstrations to stated capacity.’’; and

19 (2) in subsection (c), by striking the first sen20 tence and inserting the following: ‘‘There is author21 ized to be appropriated to carry out this section a

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

23 technology commercialization, and the development of

24 full scale processing facilities within the New York/

25 New Jersey Harbor.’’.
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1 SEC. 219. DISPOSAL OF DREDGED MATERIAL ON BEACHES.

2 (a) IN GENERAL.—Section 145 of the Water Resources

3 Development Act of 1976 (33 U.S.C. 426j) is amended in

4 the first sentence by striking ‘‘50’’ and inserting ‘‘35’’.

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

6 with the State of Ohio, other Great Lakes States, and polit7 ical subdivisions of the States to fully implement and maxi8 mize beneficial reuse of dredged material as provided under

9 section 145 of the Water Resources Development Act of 1976

10 (33 U.S.C. 426j).

11 SEC. 220. FISH AND WILDLIFE MITIGATION.

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

13 of 1986 (33 U.S.C. 2283(e)) is amended by inserting after

14 the second sentence the following: ‘‘Not more than 80 percent

15 of the non-Federal share of such first costs may be in kind,

16 including a facility, supply, or service that is necessary to

17 carry out the enhancement project.’’.

18 SEC. 221. REIMBURSEMENT OF NON-FEDERAL INTEREST.

19 Section 211(e)(2)(A) of the Water Resources Develop20 ment Act of 1996 (33 U.S.C. 701b–13(e)(2)(A)) is amended

21 by striking ‘‘subject to amounts being made available in

22 advance in appropriations Acts’’ and inserting ‘‘subject to

23 the availability of appropriations’’.
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1 SEC. 222. NATIONAL CONTAMINATED SEDIMENT TASK

2 FORCE.

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

4 term ‘‘Task Force’’ means the National Contaminated Sedi5 ment Task Force established by section 502 of the National

6 Contaminated Sediment Assessment and Management Act

7 (33 U.S.C. 1271 note; Public Law 102–580).

8 (b) CONVENING.—The Secretary and the Adminis9 trator shall convene the Task Force not later than 90 days

10 after the date of enactment of this Act.

11 (c) REPORTING ON REMEDIAL ACTION.—

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

13 the date of enactment of this Act, the Task Force shall

14 submit to Congress a report on the status of remedial

15 actions at aquatic sites in the areas described in

16 paragraph (2).

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

18 shall address remedial actions in—

19 (A) areas of probable concern identified in

20 the survey of data regarding aquatic sediment

21 quality required by section 503(a) of the Na22 tional Contaminated Sediment Assessment and

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

24 (B) areas of concern within the Great

25 Lakes, as identified under section 118(f) of the
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1 Federal Water Pollution Control Act (33 U.S.C.

2 1268(f));

3 (C) estuaries of national significance identi4 fied under section 320 of the Federal Water Pol5 lution Control Act (33 U.S.C. 1330);

6 (D) areas for which remedial action has

7 been authorized under any of the Water Re8 sources Development Acts; and

9 (E) as appropriate, any other areas where

10 sediment contamination is identified by the Task

11 Force.

12 (3) ACTIVITIES.—Remedial actions subject to re13 porting under this subsection include remedial actions

14 under—

15 (A) the Comprehensive Environmental Re16 sponse, Compensation, and Liability Act of 1980

17 (42 U.S.C. 9601 et seq.) or other Federal or

18 State law containing environmental remediation

19 authority;

20 (B) any of the Water Resources Develop21 ment Acts;

22 (C) section 404 of the Federal Water Pollu23 tion Control Act (33 U.S.C. 1344); or

24 (D) section 10 of the Act of March 3, 1899

25 (30 Stat. 1151, chapter 425).
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1 (4) CONTENTS.—The report under paragraph (1)

2 shall provide, with respect to each remedial action de3 scribed in the report, a description of—

4 (A) the authorities and sources of funding

5 for conducting the remedial action;

6 (B) the nature and sources of the sediment

7 contamination, including volume and concentra8 tion, where appropriate;

9 (C) the testing conducted to determine the

10 nature and extent of sediment contamination

11 and to determine whether the remedial action is

12 necessary;

13 (D) the action levels or other factors used to

14 determine that the remedial action is necessary;

15 (E) the nature of the remedial action

16 planned or undertaken, including the levels of

17 protection of public health and the environment

18 to be achieved by the remedial action;

19 (F) the ultimate disposition of any material

20 dredged as part of the remedial action;

21 (G) the status of projects and the obstacles

22 or barriers to prompt conduct of the remedial ac23 tion; and

24 (H) contacts and sources of further informa25 tion concerning the remedial action.
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1 SEC. 223. JOHN GLENN GREAT LAKES BASIN PROGRAM.

2 (a) STRATEGIC PLANS.—

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

4 after the date of enactment of this Act, and every 2

5 years thereafter, the Secretary shall report to Congress

6 on a plan for programs of the Corps of Engineers in

7 the Great Lakes basin.

8 (2) CONTENTS.—The plan shall include details of

9 the projected environmental and navigational projects

10 in the Great Lakes basin, including—

11 (A) navigational maintenance and oper12 ations for commercial and recreational vessels;

13 (B) environmental restoration activities;

14 (C) water level maintenance activities;

15 (D) technical and planning assistance to

16 States and remedial action planning committees;

17 (E) sediment transport analysis, sediment

18 management planning, and activities to support

19 prevention of excess sediment loadings;

20 (F) flood damage reduction and shoreline

21 erosion prevention;

22 (G) all other activities of the Corps of Engi23 neers; and

24 (H) an analysis of factors limiting use of

25 programs and authorities of the Corps of Engi26 neers in existence on the date of enactment of
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1 this Act in the Great Lakes basin, including the

2 need for new or modified authorities.

3 (b) GREAT LAKES BIOHYDROLOGICAL INFORMA4 TION.—

5 (1) INVENTORY.—

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

7 after the date of enactment of this Act, the Sec8 retary shall request each Federal agency that

9 may possess information relevant to the Great

10 Lakes biohydrological system to provide an in11 ventory of all such information in the possession

12 of the agency.

13 (B) RELEVANT INFORMATION.—For the pur14 pose of subparagraph (A), relevant information

15 includes information on—

16 (i) ground and surface water hydrol17 ogy;

18 (ii) natural and altered tributary dy19 namics;

20 (iii) biological aspects of the system in21 fluenced by and influencing water quantity

22 and water movement;

23 (iv) meteorological projections and

24 weather impacts on Great Lakes water lev25 els; and
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1 (v) other Great Lakes biohydrological

2 system data relevant to sustainable water

3 use management.

4 (2) REPORT.—

5 (A) IN GENERAL.—Not later than 18

6 months after the date of enactment of this Act,

7 the Secretary, in consultation with the States,

8 Indian tribes, and Federal agencies, and after

9 requesting information from the provinces and

10 the federal government of Canada, shall—

11 (i) compile the inventories of informa12 tion;

13 (ii) analyze the information for con14 sistency and gaps; and

15 (iii) submit to Congress, the Inter16 national Joint Commission, and the Great

17 Lakes States a report that includes rec18 ommendations on ways to improve the in19 formation base on the biohydrological dy20 namics of the Great Lakes ecosystem as a

21 whole, so as to support environmentally

22 sound decisions regarding diversions and

23 consumptive uses of Great Lakes water.

24 (B) RECOMMENDATIONS.—The rec25 ommendations in the report under subparagraph
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1 (A) shall include recommendations relating to

2 the resources and funds necessary for imple3 menting improvement of the information base.

4 (C) CONSIDERATIONS.—In developing the

5 report under subparagraph (A), the Secretary, in

6 cooperation with the Secretary of State, the Sec7 retary of Transportation, and other relevant

8 agencies as appropriate, shall consider and re9 port on the status of the issues described and rec10 ommendations made in—

11 (i) the Report of the International

12 Joint Commission to the Governments of the

13 United States and Canada under the 1977

14 reference issued in 1985; and

15 (ii) the 1993 Report of the Inter16 national Joint Commission to the Govern17 ments of Canada and the United States on

18 Methods of Alleviating Adverse Consequences

19 of Fluctuating Water Levels in the Great

20 Lakes St. Lawrence Basin.

21 (c) GREAT LAKES RECREATIONAL BOATING.—Not

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

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

24 existence on the date of enactment of this Act to the max25 imum extent practicable, and in cooperation with the Great
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1 Lakes States, submit to Congress a report detailing the eco2 nomic benefits of recreational boating in the Great Lakes

3 basin, particularly at harbors benefiting from operation

4 and maintenance projects of the Corps of Engineers.

5 (d) COOPERATION.—In undertaking activities under

6 this section, the Secretary shall—

7 (1) encourage public participation; and

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

9 with Great Lakes States, tribal governments, and Ca10 nadian federal, provincial, tribal governments.

11 (e) WATER USE ACTIVITIES AND POLICIES.—The Sec12 retary may provide technical assistance to the Great Lakes

13 States to develop interstate guidelines to improve the con14 sistency and efficiency of State-level water use activities

15 and policies in the Great Lakes basin.

16 (f) COST SHARING.—The Secretary may seek and ac17 cept funds from non-Federal entities to be used to pay up

18 to 25 percent of the cost of carrying out subsections (b),

19 (c), (d), and (e).

20 SEC. 224. PROJECTS FOR IMPROVEMENT OF THE ENVIRON21 MENT.

22 Section 1135(c) of the Water Resources Development

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

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

25 the following:
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1 ‘‘(1) IN GENERAL.—The Secretary’’; and

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

3 ‘‘(2) CONTROL OF SEA LAMPREY.—Congress finds

4 that—

5 ‘‘(A) the Great Lakes navigation system has

6 been instrumental in the spread of sea lamprey

7 and the associated impacts to its fishery; and

8 ‘‘(B) the use of the authority under this sub9 section for control of sea lamprey at any Great

10 Lakes basin location is appropriate.’’.

11 SEC. 225. WATER QUALITY, ENVIRONMENTAL QUALITY,

12 RECREATION, FISH AND WILDLIFE, FLOOD

13 CONTROL, AND NAVIGATION.

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

15 study, evaluate, and report on—

16 (1) water quality, environmental quality, recre17 ation, fish and wildlife, flood control, and navigation

18 in the western Lake Erie watershed, including the

19 watersheds of the Maumee River, Ottawa River, and

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

21 Michigan; and

22 (2) measures to improve water quality, environ23 mental quality, recreation, fish and wildlife, flood

24 control, and navigation in the western Lake Erie

25 basin.
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1 (b) COOPERATION.—In carrying out studies and inves2 tigations under subsection (a), the Secretary shall cooperate

3 with Federal, State, and local agencies and nongovern4 mental organizations to ensure full consideration of all

5 views and requirements of all interrelated programs that

6 those agencies may develop independently or in coordina7 tion with the Corps of Engineers.

8 SEC. 226. IRRIGATION DIVERSION PROTECTION AND FISH9 ERIES ENHANCEMENT ASSISTANCE.

10 The Secretary may provide technical planning and de11 sign assistance to non-Federal interests and may conduct

12 other site-specific studies to formulate and evaluate fish

13 screens, fish passages devices, and other measures to de14 crease the incidence of juvenile and adult fish inadvertently

15 entering into irrigation systems. Measures shall be devel16 oped in cooperation with Federal and State resource agen17 cies and not impair the continued withdrawal of water for

18 irrigation purposes. In providing such assistance priority

19 shall be given based on the objectives of the Endangered Spe20 cies Act, cost-effectiveness, and the potential for reducing

21 fish mortality. Non-Federal interests shall agree by contract

22 to contribute 50 percent of the cost of such assistance. Not

23 more than one-half of such non-Federal contribution may

24 be made by the provision of services, materials, supplies,

25 or other in-kind services. No construction activities are au-
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1 thorized by this section. Not later than 2 years after the

2 date of enactment of this section, the Secretary shall report

3 to Congress on fish mortality caused by irrigation water

4 intake devices, appropriate measures to reduce mortality,

5 the extent to which such measures are currently being em6 ployed in the arid States, the construction costs associated

7 with such measures, and the appropriate Federal role, if

8 any, to encourage the use of such measures.

9 SEC. 227. SMALL STORM DAMAGE REDUCTION PROJECTS.

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

11 426g), is amended by striking ‘‘$2,000,000’’ and inserting

12 ‘‘$3,000,000’’.

13 SEC. 228. SHORE DAMAGE PREVENTION OR MITIGATION.

14 Section 111 of the River and Harbor Act of 1968 (33

15 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 the

24 following:
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1 ‘‘(c) REQUIREMENT FOR SPECIFIC AUTHORIZATION.—

2 No such’’; and

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

4 ‘‘$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 meas8 ures under this section with other Federal and non9 Federal shore protection projects in the same geo10 graphic 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 project.’’.

14 SEC. 229. ATLANTIC COAST OF NEW YORK.

15 Section 404(c) of the Water Resources Development Act

16 of 1992 (106 Stat. 4863) is amended by inserting after

17 ‘‘1997’’ the following: ‘‘and an additional total of

18 $2,500,000 for fiscal years thereafter’’.

19 SEC. 230. ACCELERATED ADOPTION OF INNOVATIVE TECH20 NOLOGIES FOR CONTAMINATED SEDIMENTS.

21 Section 8 of the Water Resources Development Act of

22 1988 (33 U.S.C. 2314) is amended—

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

24 subsections (c) and (d), respectively; and
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1 (2) by inserting after subsection (a) the fol2 lowing:

3 ‘‘(b) ACCELERATED ADOPTION OF INNOVATIVE TECH4 NOLOGIES FOR MANAGEMENT OF CONTAMINATED SEDI5 MENTS.—

6 ‘‘(1) TEST PROJECTS.—The Secretary shall ap7 prove an appropriate number of projects to test,

8 under actual field conditions, innovative technologies

9 for environmentally sound management of contami10 nated sediments.

11 ‘‘(2) DEMONSTRATION PROJECTS.—The Sec12 retary may approve an appropriate number of

13 projects to demonstrate innovative technologies that

14 have been pilot tested under paragraph (1).

15 ‘‘(3) CONDUCT OF PROJECTS.—Each pilot project

16 under paragraph (1) and demonstration project

17 under paragraph (2) shall be conducted by a univer18 sity with proven expertise in the research and devel19 opment of contaminated sediment treatment tech20 nologies and innovative applications using waste ma21 terials.’’.

22 SEC. 231. MISSISSIPPI RIVER COMMISSION.

23 Notwithstanding any other provision of law, a member

24 of the Mississippi River Commission (other than the presi-
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1 dent of the Commission) shall receive annual pay of

2 $21,500.

3 SEC. 232. USE OF PRIVATE ENTERPRISES.

4 (a) INVENTORY AND REVIEW.—The Secretary shall in5 ventory and review all activities of the Corps of Engineers

6 that are not inherently governmental in nature in accord7 ance with the Federal Activities Inventory Reform Act of

8 1998 (31 U.S.C. 501 note; Public Law 105–270).

9 (b) CONSIDERATIONS.—In determining whether to

10 commit to private enterprise the performance of architec11 tural or engineering services (including surveying and

12 mapping services), the Secretary shall take into consider13 ation professional qualifications as well as cost.

14 TITLE III—PROJECT-RELATED

15 PROVISIONS

16 SEC. 301. DREDGING OF SALT PONDS IN THE STATE OF

17 RHODE ISLAND.

18 The Secretary may acquire for the State of Rhode Is19 land a dredge and associated equipment with the capacity

20 to dredge approximately 100 cubic yards per hour for use

21 by the State in dredging salt ponds in the State.
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1 SEC. 302. UPPER SUSQUEHANNA RIVER BASIN, PENNSYL2 VANIA AND NEW YORK.

3 Section 567(a) of the Water Resources Development

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

5 end the following:

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

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

8 SEC. 303. SMALL FLOOD CONTROL PROJECTS.

9 Section 102 of the Water Resources Development Act

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

11 (1) by redesignating paragraphs (15) through

12 (22) as paragraphs (16) through (23), respectively;

13 (2) by inserting after paragraph (14) the fol14 lowing:

15 ‘‘(15) REPAUPO CREEK AND DELAWARE RIVER,

16 GLOUCESTER COUNTY, NEW JERSEY.—Project for

17 tidegate and levee improvements for Repaupo Creek

18 and the Delaware River, Gloucester County, New Jer19 sey.’’; and

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

21 ‘‘(24) IRONDEQUOIT CREEK, NEW YORK.—Project

22 for flood control, Irondequoit Creek watershed, New

23 York.

24 ‘‘(25) TIOGA COUNTY, PENNSYLVANIA.—Project

25 for flood control, Tioga River and Cowanesque River

26 and their tributaries, Tioga County, Pennsylvania.’’.
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1 SEC. 304. SMALL NAVIGATION PROJECTS.

2 Section 104 of the Water Resources Development Act

3 of 1996 (110 Stat. 3669) is amended—

4 (1) by redesignating paragraphs (9) through (12)

5 as paragraphs (11) through (14), respectively; and

6 (2) by inserting after paragraph (8) the fol7 lowing:

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

9 JERSEY.—Project for navigation for Fortescue Inlet,

10 Delaware Bay, New Jersey.

11 ‘‘(10) BRADDOCK BAY, GREECE, NEW YORK.—

12 Project for navigation, Braddock Bay, Greece, New

13 York.’’.

14 SEC. 305. STREAMBANK PROTECTION PROJECTS.

15 (a) ARCTIC OCEAN, BARROW, ALASKA.—The Secretary

16 shall evaluate and, if justified under section 14 of the Flood

17 Control Act of 1946 (33 U.S.C. 701r), carry out storm dam18 age reduction and coastal erosion measures at the town of

19 Barrow, Alaska.

20 (b) SAGINAW RIVER, BAY CITY, MICHIGAN.—The Sec21 retary may construct appropriate control structures in

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

23 Michigan, under authority of section 14 of the Flood Con24 trol Act of 1946 (33 Stat. 701r).

25 (c) YELLOWSTONE RIVER, BILLINGS, MONTANA.—The

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

2 assistance under section 14 of the Flood Control Act of 1946

3 (33 U.S.C. 701r).

4 (d) MONONGAHELA RIVER, POINT MARION, PENNSYL5 VANIA.—The Secretary shall evaluate and, if justified under

6 section 14 of the Flood Control Act of 1946 (33 U.S.C.

7 701r), carry out streambank erosion control measures along

8 the Monongahela River at the borough of Point Marion,

9 Pennsylvania.

10 SEC. 306. AQUATIC ECOSYSTEM RESTORATION, SPRING11 FIELD, OREGON.

12 Under section 206 of the Water Resources Development

13 Act of 1996 (33 U.S.C. 2330), the Secretary shall conduct

14 measures to address water quality, water flows, and fish

15 habitat restoration in the historic Springfield, Oregon, mill16 race through the reconfiguration of the existing millpond,

17 if the Secretary determines that harmful impacts have oc18 curred as the result of a previously constructed flood control

19 project by the Corps of Engineers.

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

21 The Secretary shall expeditiously complete the activi22 ties authorized under section 346 of the Water Resources

23 Development Act of 1992 (106 Stat. 4858), including activi24 ties associated with Sluice Creek in Guilford, Connecticut,

25 and Lighthouse Point Park in New Haven, Connecticut.
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1 SEC. 308. FRANCIS BLAND FLOODWAY DITCH.

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

3 Eight Mile Creek, Paragould, Arkansas, authorized by sec4 tion 401(a) of the Water Resources Development Act of 1986

5 (100 Stat. 4112) and known as ‘‘Eight Mile Creek,

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

7 the ‘‘Francis Bland Floodway Ditch’’.

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

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

10 United States to the project and creek referred to in sub11 section (a) shall be deemed to be a reference to the Francis

12 Bland Floodway Ditch.

13 SEC. 309. CALOOSAHATCHEE RIVER BASIN, FLORIDA.

14 Section 528(e)(4) of the Water Resources Development

15 Act of 1996 (110 Stat. 3770) is amended in the first sen16 tence by inserting before the period at the end the following:

17 ‘‘, including potential land acquisition in the

18 Caloosahatchee River basin or other areas’’.

19 SEC. 310. CUMBERLAND, MARYLAND, FLOOD PROJECT MITI20 GATION.

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

22 other purposes, Cumberland, Maryland, authorized by sec23 tion 5 of the Act of June 22, 1936 (commonly known as

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

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

26 as a separate part of the project, restoration of the historic
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1 Chesapeake and Ohio Canal substantially in accordance

2 with the Chesapeake and Ohio Canal National Historic

3 Park, Cumberland, Maryland, Rewatering Design Analysis,

4 dated February 1998, at a total cost of $15,000,000, with

5 an estimated Federal cost of $9,750,000 and an estimated

6 non-Federal cost of $5,250,000.

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

8 the restoration project under subsection (a)—

9 (1) may provide all or a portion of the non-Fed10 eral share of project costs in the form of in-kind serv11 ices; and

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

13 share of project costs for design and construction work

14 performed by the non-Federal interest before execution

15 of a project cooperation agreement and for land, ease16 ments, and rights-of-way required for the restoration

17 and acquired by the non-Federal interest before execu18 tion of such an agreement.

19 (c) OPERATION AND MAINTENANCE.—The operation

20 and maintenance of the restoration project under subsection

21 (a) shall be the full responsibility of the National Park

22 Service.

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

24 Section 5(b)(3)(C)(i) of the Act of August 13, 1946 (33

25 U.S.C. 426h), is amended by inserting before the semicolon
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1 the following: ‘‘, including the city of Miami Beach, Flor2 ida’’.

3 SEC. 312. SARDIS RESERVOIR, OKLAHOMA.

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

5 State of Oklahoma or an agent of the State an amount,

6 as determined under subsection (b), as prepayment of 100

7 percent of the water supply cost obligation of the State

8 under Contract No. DACW56–74–JC–0314 for water sup9 ply storage at Sardis Reservoir, Oklahoma.

10 (b) DETERMINATION OF AMOUNT.—The amount to be

11 paid by the State of Oklahoma under subsection (a) shall

12 be subject to adjustment in accordance with accepted dis13 count purchase methods for Government properties as deter14 mined by an independent accounting firm designated by

15 the Director of the Office of Management and Budget.

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

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

18 contract referred to in subsection (a).

19 SEC. 313. UPPER MISSISSIPPI RIVER AND ILLINOIS WATER20 WAY SYSTEM NAVIGATION MODERNIZATION.

21 (a) FINDINGS.—Congress finds that—

22 (1) exports are necessary to ensure job creation

23 and an improved standard of living for the people of

24 the United States;
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1 (2) the ability of producers of goods in the

2 United States to compete in the international market3 place depends on a modern and efficient transpor4 tation network;

5 (3) a modern and efficient waterway system is

6 a transportation option necessary to provide United

7 States shippers a safe, reliable, and competitive

8 means to win foreign markets in an increasingly

9 competitive international marketplace;

10 (4) the need to modernize is heightened because

11 the United States is at risk of losing its competitive

12 edge as a result of the priority that foreign competi13 tors are placing on modernizing their own waterway

14 systems;

15 (5) growing export demand projected over the

16 coming decades will force greater demands on the wa17 terway system of the United States and increase the

18 cost to the economy if the system proves inadequate

19 to satisfy growing export opportunities;

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

21 River and Illinois River waterway system were built

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

23 delays to commercial tows in the country;

24 (7) inland barges carry freight at the lowest unit

25 cost while offering an alternative to truck and rail
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1 transportation that is environmentally sound, is en2 ergy efficient, is safe, causes little congestion, produces

3 little air or noise pollution, and has minimal social

4 impact; and

5 (8) it should be the policy of the Corps of Engi6 neers to pursue aggressively modernization of the wa7 terway system authorized by Congress to promote the

8 relative competitive position of the United States in

9 the international marketplace.

10 (b) PRECONSTRUCTION ENGINEERING AND DESIGN.—

11 In accordance with the Upper Mississippi River-Illinois

12 Waterway System Navigation Study, the Secretary shall

13 proceed immediately to prepare engineering design, plans,

14 and specifications for extension of locks 20, 21, 22, 24, 25

15 on the Mississippi River and the LaGrange and Peoria

16 Locks on the Illinois River, to provide lock chambers 110

17 feet in width and 1,200 feet in length, so that construction

18 can proceed immediately upon completion of studies and

19 authorization of projects by Congress.

20 SEC. 314. UPPER MISSISSIPPI RIVER MANAGEMENT.

21 Section 1103 of the Water Resources Development Act

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

23 (1) in subsection (e)—
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1 (A) by striking ‘‘(e)’’ and all that follows

2 through the end of paragraph (2) and inserting

3 the following:

4 ‘‘(e) UNDERTAKINGS.—

5 ‘‘(1) IN GENERAL.—

6 ‘‘(A) AUTHORITY.—The Secretary, in con7 sultation with the Secretary of the Interior and

8 the States of Illinois, Iowa, Minnesota, Missouri,

9 and Wisconsin, is authorized to undertake—

10 ‘‘(i) a program for the planning, con11 struction, and evaluation of measures for

12 fish and wildlife habitat rehabilitation and

13 enhancement; and

14 ‘‘(ii) implementation of a program of

15 long-term resource monitoring, computer16 ized data inventory and analysis, and ap17 plied research.

18 ‘‘(B) REQUIREMENTS FOR PROJECTS.—

19 Each project carried out under subparagraph

20 (A)(i) shall—

21 ‘‘(i) to the maximum extent prac22 ticable, simulate natural river processes;

23 ‘‘(ii) include an outreach and edu24 cation component; and
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1 ‘‘(iii) on completion of the assessment

2 under subparagraph (D), address identified

3 habitat and natural resource needs.

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

5 out subparagraph (A), the Secretary shall create

6 an independent technical advisory committee to

7 review projects, monitoring plans, and habitat

8 and natural resource needs assessments.

9 ‘‘(D) HABITAT AND NATURAL RESOURCE

10 NEEDS ASSESSMENT.—

11 ‘‘(i) AUTHORITY.—The Secretary is

12 authorized to undertake a systemic, river

13 reach, and pool scale assessment of habitat

14 and natural resource needs to serve as a

15 blueprint to guide habitat rehabilitation

16 and long-term resource monitoring.

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

18 resource needs assessment shall, to the max19 imum extent practicable, use data in exist20 ence at the time of the assessment.

21 ‘‘(iii) TIMING.—The Secretary shall

22 complete a habitat and natural resource

23 needs assessment not later than 3 years

24 after the date of enactment of this subpara25 graph.
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1 ‘‘(2) REPORTS.—On December 31, 2005, in con2 sultation with the Secretary of the Interior and the

3 States of Illinois, Iowa, Minnesota, Missouri, and

4 Wisconsin, the Secretary shall prepare and submit to

5 Congress a report that—

6 ‘‘(A) contains an evaluation of the pro7 grams described in paragraph (1);

8 ‘‘(B) describes the accomplishments of each

9 program;

10 ‘‘(C) includes results of a habitat and nat11 ural resource needs assessment; and

12 ‘‘(D) identifies any needed adjustments in

13 the authorization under paragraph (1) or the au14 thorized appropriations under paragraphs (3),

15 (4), and (5).’’;

16 (B) in paragraph (3)—

17 (i) by striking ‘‘paragraph (1)(A)’’ and

18 inserting ‘‘paragraph (1)(A)(i)’’; and

19 (ii) by striking ‘‘Secretary not to ex20 ceed’’ and all that follows and inserting

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

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

23 (C) in paragraph (4)—

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

25 and inserting ‘‘paragraph (1)(A)(ii)’’; and
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1 (ii) by striking ‘‘$7,680,000’’ and all

2 that follows and inserting ‘‘$10,420,000 for

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

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

5 inserting the following:

6 ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.—

7 There is authorized to be appropriated to carry out

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

9 fiscal years 1999 through 2009.

10 ‘‘(6) TRANSFER OF AMOUNTS.—

11 ‘‘(A) IN GENERAL.—For each fiscal year be12 ginning after September 30, 1992, the Secretary,

13 in consultation with the Secretary of the Interior

14 and the States of Illinois, Iowa, Minnesota, Mis15 souri, and Wisconsin, may transfer appropriated

16 amounts between the programs under clauses (i)

17 and (ii) of paragraph (1)(A) and paragraph

18 (1)(C).

19 ‘‘(B) APPORTIONMENT OF COSTS.—In car20 rying out paragraph (1)(D), the Secretary may

21 apportion the costs between the programs author22 ized by paragraph (1)(A) in amounts that are

23 proportionate to the amounts authorized to be

24 appropriated to carry out those programs, re25 spectively.’’; and
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1 (E) in paragraph (7)—

2 (i) in subparagraph (A)—

3 (I) by inserting ‘‘(i)’’ after ‘‘para4 graph (1)(A)’’; and

5 (II) by inserting before the period

6 at the end the following: ‘‘and, in the

7 case of any project requiring non-Fed8 eral cost sharing, the non-Federal share

9 of the cost of the project shall be 35

10 percent’’; and

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

12 ‘‘paragraphs (1)(B) and (1)(C) of this sub13 section’’ and inserting ‘‘paragraph

14 (1)(A)(ii)’’;

15 (2) in subsection (f)(2)—

16 (A) in subparagraph (A), by striking ‘‘(A)’’;

17 and

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

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

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

21 The Secretary shall investigate and, if appropriate, carry

22 out restoration of urban wildlife habitat, with a special em23 phasis on the establishment of greenways in the St. Louis,

24 Missouri, area and surrounding communities.’’.
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1 SEC. 315. RESEARCH AND DEVELOPMENT PROGRAM FOR

2 COLUMBIA AND SNAKE RIVERS SALMON SUR3 VIVAL.

4 Section 511 of the Water Resources Development Act

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

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

7 inserting the following:

8 ‘‘(a) SALMON SURVIVAL ACTIVITIES.—

9 ‘‘(1) IN GENERAL.—In conjunction with the Sec10 retary of Commerce and Secretary of the Interior, the

11 Secretary shall accelerate ongoing research and devel12 opment activities, and may carry out or participate

13 in additional research and development activities, for

14 the purpose of developing innovative methods and

15 technologies for improving the survival of salmon, es16 pecially salmon in the Columbia/Snake River Basin.

17 ‘‘(2) ACCELERATED ACTIVITIES.—Accelerated re18 search and development activities referred to in para19 graph (1) may include research and development re20 lated to—

21 ‘‘(A) impacts from water resources projects

22 and other impacts on salmon life cycles;

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

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

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

26 ‘‘(E) transportation mechanisms; and
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1 ‘‘(F) dissolved gas monitoring and abate2 ment.

3 ‘‘(3) ADDITIONAL ACTIVITIES.—Additional re4 search and development activities referred to in para5 graph (1) may include research and development re6 lated to—

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

8 spawning and rearing areas;

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

10 adult salmon survival;

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

12 sources other than water resources projects;

13 ‘‘(D) cryopreservation of fish gametes and

14 formation of a germ plasm repository for threat15 ened and endangered populations of native fish;

16 and

17 ‘‘(E) other innovative technologies and ac18 tions intended to improve fish survival, includ19 ing the survival of resident fish.

20 ‘‘(4) COORDINATION.—The Secretary shall co21 ordinate any activities carried out under this sub22 section with appropriate Federal, State, and local

23 agencies, affected Indian tribes, and the Northwest

24 Power Planning Council.
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1 ‘‘(5) REPORT.—Not later than 3 years after the

2 date of enactment of this section, the Secretary shall

3 submit to Congress a report on the research and devel4 opment activities carried out under this subsection,

5 including any recommendations of the Secretary con6 cerning the research and development activities.

7 ‘‘(6) AUTHORIZATION OF APPROPRIATIONS.—

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

9 carry out research and development activities under

10 paragraph (3).

11 ‘‘(b) ADVANCED TURBINE DEVELOPMENT.—

12 ‘‘(1) IN GENERAL.—In conjunction with the Sec13 retary of Energy, the Secretary shall accelerate efforts

14 toward developing and installing in Corps of Engi15 neers-operated dams innovative, efficient, and envi16 ronmentally safe hydropower turbines, including de17 sign of fish-friendly turbines, for use on the Columbia/

18 Snake River hydrosystem.

19 ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.—

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

21 carry out this subsection.

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

23 SNAKE RIVER SYSTEM NATIVE FISHES.—

24 ‘‘(1) NESTING AVIAN PREDATORS.—In conjunc25 tion with the Secretary of Commerce and the Sec-
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1 retary of the Interior, and consistent with a manage2 ment plan to be developed by the United States Fish

3 and Wildlife Service, the Secretary shall carry out

4 methods to reduce nesting populations of avian preda5 tors on dredge spoil islands in the Columbia River

6 under the jurisdiction of the Secretary.

7 ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.—

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

9 carry out research and development activities under

10 this subsection.

11 ‘‘(d) IMPLEMENTATION.—Nothing in this section af12 fects the authority of the Secretary to implement the results

13 of the research and development carried out under this sec14 tion or any other law.’’.

15 SEC. 316. NINE MILE RUN HABITAT RESTORATION, PENN16 SYLVANIA.

17 If the Secretary determines that the documentation is

18 integral to the project, the Secretary shall credit against

19 the non-Federal share such costs, not to exceed $1,000,000,

20 as are incurred by the non-Federal interests in preparing

21 the environmental restoration report, planning and design22 phase scientific and engineering technical services docu23 mentation, and other preconstruction documentation for the

24 habitat restoration project, Nine Mile Run, Pennsylvania.
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1 SEC. 317. LARKSPUR FERRY CHANNEL, CALIFORNIA.

2 The Secretary shall work with the Secretary of Trans3 portation on a proposed solution to carry out the project

4 to maintain the Larkspur Ferry Channel, Larkspur, Cali5 fornia, authorized by section 601(d) of the Water Resources

6 Development Act of 1986 (100 Stat. 4148).

7 SEC. 318. COMPREHENSIVE FLOOD IMPACT-RESPONSE

8 MODELING SYSTEM.

9 (a) IN GENERAL.—The Secretary may study and im10 plement a Comprehensive Flood Impact-Response Modeling

11 System for the Coralville Reservoir and the Iowa River wa12 tershed, Iowa.

13 (b) STUDY.—The study shall include—

14 (1) an evaluation of the combined hydrologic,

15 geomorphic, environmental, economic, social, and rec16 reational impacts of operating strategies within the

17 watershed;

18 (2) creation of an integrated, dynamic flood im19 pact model; and

20 (3) the development of a rapid response system

21 to be used during flood and emergency situations.

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

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

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

25 and modeling system and such recommendations as the Sec26 retary determines to be appropriate.
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1 (d) AUTHORIZATION OF APPROPRIATIONS.—There is

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

3 out this section.

4 SEC. 319. STUDY REGARDING INNOVATIVE FINANCING FOR

5 SMALL AND MEDIUM-SIZED PORTS.

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

7 States shall conduct a study and analysis of various alter8 natives for innovative financing of future construction, op9 eration, and maintenance of projects in small and medium10 sized ports.

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

12 of enactment of this Act, the Comptroller General shall sub13 mit to the Committee on Environment and Public Works

14 of the Senate and Committee on Transportation and Infra15 structure of the House of Representatives and the results

16 of the study and any related legislative recommendations

17 for consideration by Congress.

18 SEC. 320. CANDY LAKE PROJECT, OSAGE COUNTY, OKLA19 HOMA.

20 (a) DEFINITIONS.—In this section:

21 (1) FAIR MARKET VALUE.—The term ‘‘fair mar22 ket value’’ means the amount for which a willing

23 buyer would purchase and a willing seller would sell

24 a parcel of land, as determined by a qualified, inde25 pendent land appraiser.
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1 (2) PREVIOUS OWNER OF LAND.—The term ‘‘pre2 vious owner of land’’ means a person (including a

3 corporation) that conveyed, or a descendant of a de4 ceased individual who conveyed, land to the Corps of

5 Engineers for use in the Candy Lake project in Osage

6 County, Oklahoma.

7 (3) SECRETARY.—The term ‘‘Secretary’’ means

8 the Secretary of the Army.

9 (b) LAND CONVEYANCES.—

10 (1) IN GENERAL.—The Secretary shall convey, in

11 accordance with this section, all right, title, and in12 terest of the United States in and to the land ac13 quired by the United States for the Candy Lake

14 project in Osage County, Oklahoma.

15 (2) PREVIOUS OWNERS OF LAND.—

16 (A) IN GENERAL.—The Secretary shall give

17 a previous owner of land first option to purchase

18 the land described in paragraph (1).

19 (B) APPLICATION.—

20 (i) IN GENERAL.—A previous owner of

21 land that desires to purchase the land de22 scribed in paragraph (1) that was owned by

23 the previous owner of land, or by the indi24 vidual from whom the previous owner of

25 land is descended, shall file an application
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1 to purchase the land with the Secretary not

2 later than 180 days after the official date of

3 notice to the previous owner of land under

4 subsection (c).

5 (ii) FIRST TO FILE HAS FIRST OP6 TION.—If more than 1 application is filed

7 for a parcel of land described in paragraph

8 (1), first options to purchase the parcel of

9 land shall be allotted in the order in which

10 applications for the parcel of land were

11 filed.

12 (C) IDENTIFICATION OF PREVIOUS OWNERS

13 OF LAND.—As soon as practicable after the date

14 of enactment of this Act, the Secretary shall, to

15 the extent practicable, identify each previous

16 owner of land.

17 (D) CONSIDERATION.—Consideration for

18 land conveyed under this subsection shall be the

19 fair market value of the land.

20 (3) DISPOSAL.—Any land described in para21 graph (1) for which an application has not been filed

22 under paragraph (2)(B) within the applicable time

23 period shall be disposed of in accordance with law.

24 (4) EXTINGUISHMENT OF EASEMENTS.—All flow25 age easements acquired by the United States for use
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1 in the Candy Lake project in Osage County, Okla2 homa, are extinguished.

3 (c) NOTICE.—

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

5 (A) each person identified as a previous

6 owner of land under subsection (b)(2)(C), not

7 later than 90 days after identification, by

8 United States mail; and

9 (B) the general public, not later than 90

10 days after the date of enactment of this Act, by

11 publication in the Federal Register.

12 (2) CONTENTS OF NOTICE.—Notice under this

13 subsection shall include—

14 (A) a copy of this section;

15 (B) information sufficient to separately

16 identify each parcel of land subject to this sec17 tion; and

18 (C) specification of the fair market value of

19 each parcel of land subject to this section.

20 (3) OFFICIAL DATE OF NOTICE.—The official

21 date of notice under this subsection shall be the later

22 of—

23 (A) the date on which actual notice is

24 mailed; or
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1 (B) the date of publication of the notice in

2 the Federal Register.

3 SEC. 321. SALCHA RIVER AND PILEDRIVER SLOUGH, FAIR4 BANKS, ALASKA.

5 The Secretary shall evaluate and, if justified under sec6 tion 205 of the Flood Control Act of 1948 (33 U.S.C. 701s),

7 carry out flood damage reduction measures along the lower

8 Salcha River and on Piledriver Slough, from its headwaters

9 at the mouth of the Salcha River to the Chena Lakes Flood

10 Control Project, in the vicinity of Fairbanks, Alaska, to

11 protect against surface water flooding.

12 SEC. 322. EYAK RIVER, CORDOVA, ALASKA.

13 The Secretary shall evaluate and, if justified under sec14 tion 205 of the Flood Control Act of 1948 (33 U.S.C. 701s),

15 carry out flood damage reduction measures along the Eyak

16 River at the town of Cordova, Alaska.

17 SEC. 323. NORTH PADRE ISLAND STORM DAMAGE REDUC18 TION AND ENVIRONMENTAL RESTORATION

19 PROJECT.

20 The Secretary shall carry out a project for ecosystem

21 restoration and storm damage reduction at North Padre Is22 land, Corpus Christi Bay, Texas, at a total estimated cost

23 of $30,000,000, with an estimated Federal cost of

24 $19,500,000 and an estimated non-Federal cost of

25 $10,500,000, if the Secretary finds that the work is tech-
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1 nically sound, environmentally acceptable, and economi2 cally justified. The Secretary shall make such a finding not

3 later than 270 days after the date of enactment of this Act.

4 SEC. 324. KANOPOLIS LAKE, KANSAS.

5 (a) WATER SUPPLY.—

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

7 the date of enactment of this Act, the Secretary, in co8 operation with the State of Kansas or another non9 Federal interest, shall complete a water supply re10 allocation study at the project for flood control,

11 Kanopolis Lake, Kansas, as a basis on which the Sec12 retary shall enter into negotiations with the State of

13 Kansas or another non-Federal interest for the terms

14 and conditions of a reallocation of the water supply.

15 (2) OPTIONS.—The negotiations for storage re16 allocation shall include the following options for eval17 uation by all parties:

18 (A) Financial terms of storage reallocation.

19 (B) Protection of future Federal water re20 leases from Kanopolis Dam, consistent with

21 State water law, to ensure that the benefits ex22 pected from releases are provided.

23 (C) Potential establishment of a water as24 surance district consistent with other such dis25 tricts established by the State of Kansas.
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1 (D) Protection of existing project purposes

2 at Kanopolis Dam to include flood control, recre3 ation, and fish and wildlife.

4 (b) IN-KIND CREDIT.—

5 (1) IN GENERAL.—The Secretary may negotiate

6 a credit for a portion of the financial repayment to

7 the Federal Government for work performed by the

8 State of Kansas, or another non-Federal interest, on

9 land adjacent or in close proximity to the project, if

10 the work provides a benefit to the project.

11 (2) WORK INCLUDED.—The work for which cred12 it may be granted may include watershed protection

13 and enhancement, including wetland construction

14 and ecosystem restoration.

15 SEC. 325. NEW YORK CITY WATERSHED.

16 Section 552(d) of the Water Resources Development

17 Act of 1996 (110 Stat. 3780) is amended by striking ‘‘for

18 the project to be carried out with such assistance’’ and in19 serting ‘‘, or a public entity designated by the State direc20 tor, to carry out the project with such assistance, subject

21 to the project’s meeting the certification requirement of sub22 section (c)(1)’’.
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1 SEC. 326. CITY OF CHARLEVOIX REIMBURSEMENT, MICHI2 GAN.

3 The Secretary shall review and, if consistent with au4 thorized project purposes, reimburse the city of Charlevoix,

5 Michigan, for the Federal share of costs associated with con6 struction of the new revetment connection to the Federal

7 navigation project at Charlevoix Harbor, Michigan.

8 SEC. 327. HAMILTON DAM FLOOD CONTROL PROJECT,

9 MICHIGAN.

10 The Secretary may construct the Hamilton Dam flood

11 control project, Michigan, under authority of section 205

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

13 SEC. 328. HOLES CREEK FLOOD CONTROL PROJECT, OHIO.

14 (a) IN GENERAL.—Notwithstanding any other provi15 sion of law, the non-Federal share of project costs for the

16 project for flood control, Holes Creek, Ohio, shall not exceed

17 the sum of—

18 (1) the total amount projected as the non-Federal

19 share as of September 30, 1996, in the Project Co20 operation Agreement executed on that date; and

21 (2) 100 percent of the amount of any increases

22 in the cost of the locally preferred plan over the cost

23 estimated in the Project Cooperation Agreement.

24 (b) REIMBURSEMENT.—The Secretary shall reimburse

25 the non-Federal interest any amount paid by the non-Fed26 eral interest in excess of the non-Federal share.
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1 SEC. 329. OVERFLOW MANAGEMENT FACILITY, RHODE IS2 LAND.

3 Section 585(a) of the Water Resources Development

4 Act of 1996 (110 Stat. 3791) is amended by striking ‘‘river’’

5 and inserting ‘‘sewer’’.

6 SEC. 330. ANACOSTIA RIVER AQUATIC ECOSYSTEM RES7 TORATION, DISTRICT OF COLUMBIA AND

8 MARYLAND.

9 The Secretary may use the balance of funds appro10 priated for the improvement of the environment as part of

11 the Anacostia River Flood Control and Navigation Project

12 under section 1135 of the Water Resources Development Act

13 of 1986 (33 U.S.C. 2309a) to construct aquatic ecosystem

14 restoration projects in the Anacostia River watershed under

15 section 206 of the Water Resources Development Act of 1996

16 (33 U.S.C. 2330).

17 SEC. 331. EVERGLADES AND SOUTH FLORIDA ECOSYSTEM

18 RESTORATION.

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

20 the Water Resources Development Act of 1996 (110 Stat.

21 3769) are amended by striking ‘‘1999’’ and inserting

22 ‘‘2003’’.

23 SEC. 332. PINE FLAT DAM, KINGS RIVER, CALIFORNIA.

24 Under the authority of section 1135(a) of the Water

25 Resources Development Act of 1986 (33 U.S.C. 2309a), the

26 Secretary shall carry out a project to construct a turbine
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1 bypass at Pine Flat Dam, Kings River, California, in ac2 cordance with the Project Modification Report and Envi3 ronmental Assessment dated September 1996.

4 SEC. 333. LEVEES IN ELBA AND GENEVA, ALABAMA.

5 (a) ELBA, ALABAMA.—

6 (1) IN GENERAL.—The Secretary may repair

7 and rehabilitate a levee in the city of Elba, Alabama,

8 at a total cost of $12,900,000.

9 (2) COST SHARING.—The non-Federal share of

10 the cost of repair and rehabilitation under paragraph

11 (1) shall be 35 percent.

12 (b) GENEVA, ALABAMA.—

13 (1) IN GENERAL.—The Secretary may repair

14 and rehabilitate a levee in the city of Geneva, Ala15 bama, at a total cost of $16,600,000.

16 (2) COST SHARING.—The non-Federal share of

17 the cost of repair and rehabilitation under paragraph

18 (1) shall be 35 percent.

19 SEC. 334. TORONTO LAKE AND EL DORADO LAKE, KANSAS.

20 (a) IN GENERAL.—The Secretary shall convey to the

21 State of Kansas, by quitclaim deed and without consider22 ation, all right, title, and interest of the United States in

23 and to the 2 parcels of land described in subsection (b) on

24 which correctional facilities operated by the Kansas Depart25 ment of Corrections are situated.
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1 (b) LAND DESCRIPTION.—The parcels of land referred

2 to in subsection (a) are—

3 (1) the parcel located in Butler County, Kansas,

4 adjacent to the El Dorado Lake Project, consisting of

5 approximately 32.98 acres; and

6 (2) the parcel located in Woodson County, Kan7 sas, adjacent to the Toronto Lake Project, consisting

8 of approximately 51.98 acres.

9 (c) CONDITIONS.—

10 (1) USE OF LAND.—A conveyance of a parcel

11 under subsection (a) shall be subject to the condition

12 that all right, title, and interest in and to the parcel

13 conveyed under subsection (a) shall revert to the

14 United States if the parcel is used for a purpose other

15 than that of a correctional facility.

16 (2) COSTS.—The Secretary may require such ad17 ditional terms, conditions, reservations, and restric18 tions in connection with the conveyance as the Sec19 retary determines are necessary to protect the inter20 ests of the United States, including a requirement

21 that the State pay all reasonable administrative costs

22 associated with the conveyance.
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1 SEC. 335. SAN JACINTO DISPOSAL AREA, GALVESTON,

2 TEXAS.

3 Section 108 of the Energy and Water Development Ap4 propriations Act, 1994 (107 Stat. 1320), is amended in the

5 first sentence of subsection (a) and in subsection (b)(1) by

6 striking ‘‘fee simple absolute title’’ each place it appears

7 and inserting ‘‘fee simple title to the surface estate (without

8 the right to use the surface of the property for the produc9 tion of minerals)’’.

10 SEC. 336. ENVIRONMENTAL INFRASTRUCTURE.

11 Section 219(e)(1) of the Water Resources Development

12 Act of 1992 (106 Stat. 4835; 110 Stat. 3757) is amended

13 by striking ‘‘$10,000,000’’ and inserting ‘‘$15,000,000’’.

14 SEC. 337. WATER MONITORING STATION.

15 Section 584(b) of the Water Resources Development Act

16 of 1996 (110 Stat. 3791) is amended by striking ‘‘$50,000’’

17 and inserting ‘‘$100,000’’.

18 SEC. 338. UPPER MISSISSIPPI RIVER COMPREHENSIVE

19 PLAN.

20 (a) DEVELOPMENT.—The Secretary shall develop a

21 plan to address water and related land resources problems

22 in the upper Mississippi River basin and the Illinois River

23 basin, extending from Cairo, Illinois, to the headwaters of

24 the Mississippi River, to determine the feasibility of sys25 temic flood damage reduction by means of—
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1 (1) structural and nonstructural flood control

2 and floodplain management strategies;

3 (2) continued maintenance of the navigation

4 project;

5 (3) management of bank caving, erosion, water6 shed nutrients and sediment, habitat, and recreation;

7 and

8 (4) other related means.

9 (b) CONTENTS.—The plan shall contain recommenda10 tions for—

11 (1) management plans and actions to be carried

12 out by Federal and non-Federal entities;

13 (2) construction of a systemic flood control

14 project in accordance with a plan for the upper Mis15 sissippi River;

16 (3) Federal action, where appropriate; and

17 (4) follow-on studies for problem areas for which

18 data or current technology does not allow immediate

19 solutions.

20 (c) CONSULTATION AND USE OF EXISTING DATA.—In

21 developing the plan, the Secretary shall—

22 (1) consult with appropriate State and Federal

23 agencies; and

24 (2) make maximum use of—
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1 (A) data and programs in existence on the

2 date of enactment of this Act; and

3 (B) efforts of States and Federal agencies.

4 (d) REPORT.—Not later than 3 years after the date

5 of enactment of this Act, the Secretary shall submit to the

6 Committee on Transportation and Infrastructure of the

7 House of Representatives and the Committee on Environ8 ment and Public Works of the Senate a report that includes

9 the plan.

10 SEC. 339. MCNARY LOCK AND DAM, WASHINGTON.

11 (a) IN GENERAL.—The Secretary may convey to a port

12 district or a port authority—

13 (1) without the payment of additional consider14 ation, any remaining right, title, and interest of the

15 United States in property acquired for the McNary

16 Lock and Dam, Washington, project and subsequently

17 conveyed to the port district or a port authority

18 under section 108 of the River and Harbor Act of

19 1960 (33 U.S.C. 578); and

20 (2) at fair market value, as determined by the

21 Secretary, all right, title, and interest of the United

22 States in such property under the jurisdiction of the

23 Secretary relating to the project as the Secretary con24 siders appropriate.
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1 (b) CONDITIONS, RESERVATIONS, AND RESTRIC2 TIONS.—A conveyance under subsection (a) shall be subject

3 to—

4 (1) such conditions, reservations, and restrictions

5 as the Secretary determines to be necessary for the de6 velopment, maintenance, or operation or the project

7 or otherwise in the public interest; and

8 (2) the payment by the port district or port au9 thority of all administrative costs associated with the

10 conveyance.

11 SEC. 340. MCNARY NATIONAL WILDLIFE REFUGE.

12 (a) TRANSFER OF ADMINISTRATIVE JURISDICTION.—

13 Administrative jurisdiction over the McNary National

14 Wildlife Refuge is transferred from the Secretary to the Sec15 retary of the Interior.

16 (b) LAND EXCHANGE WITH THE PORT OF WALLA

17 WALLA, WASHINGTON.—

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

19 the date of enactment of this Act, the Secretary of the

20 Interior may exchange approximately 188 acres of

21 land located south of Highway 12 and comprising a

22 portion of the McNary National Wildlife Refuge for

23 approximately 122 acres of land owned by the Port

24 of Walla Walla, Washington, and located at the con25 fluence of the Snake River and the Columbia River.
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1 (2) TERMS AND CONDITIONS.—The land ex2 change under paragraph (1) shall be carried out in

3 accordance with such terms and conditions as the

4 Secretary of the Interior determines to be necessary to

5 protect the interests of the United States, including a

6 requirement that the Port pay—

7 (A) reasonable administrative costs (not to

8 exceed $50,000) associated with the exchange;

9 and

10 (B) any excess (as determined by the Sec11 retary of the Interior) of the fair market value

12 of the parcel conveyed by the Secretary of the In13 terior over the fair market value of the parcel

14 conveyed by the Port.

15 (3) USE OF FUNDS.—The Secretary of the Inte16 rior may retain any funds received under paragraph

17 (2)(B) and, without further Act of appropriation,

18 may use the funds to acquire replacement habitat for

19 the Mid-Columbia River National Wildlife Refuge

20 Complex.

21 (c) MANAGEMENT.—The McNary National Wildlife

22 Refuge and land conveyed by the Port of Walla Walla,

23 Washington, under subsection (b) shall be managed in ac24 cordance with applicable laws, including section 120(h) of

25 the Comprehensive Environmental Response, Compensa-
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1 tion, and Liability Act of 1980 (42 U.S.C. 9620(h)) and

2 the National Environmental Policy Act of 1969 (42 U.S.C.

3 4321 et seq.).

4 TITLE IV—CHEYENNE RIVER

5 SIOUX TRIBE, LOWER BRULE

6 SIOUX TRIBE, AND STATE OF

7 SOUTH DAKOTA TERRES8 TRIAL WILDLIFE HABITAT

9 RESTORATION

10 SEC. 401. CHEYENNE RIVER SIOUX TRIBE, LOWER BRULE

11 SIOUX TRIBE, AND STATE OF SOUTH DAKOTA

12 TERRESTRIAL WILDLIFE HABITAT RESTORA13 TION.

14 (a) DEFINITIONS.—Section 601 of division C of the

15 Omnibus Consolidated and Emergency Supplemental Ap16 propriations Act, 1999 (112 Stat. 2681–660), is amended—

17 (1) by redesignating paragraphs (1), (2), and (3)

18 as paragraphs (2), (4), and (5), respectively;

19 (2) by inserting before paragraph (2) (as redesig20 nated by paragraph (1)) the following:

21 ‘‘(1) COMMISSION.—The term ‘Commission’

22 means the South Dakota Cultural Resources Advisory

23 Commission established by section 605(j).’’; and

24 (3) by inserting after paragraph (2) (as redesig25 nated by paragraph (1)) the following:
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1 ‘‘(3) SECRETARY.—The term ‘Secretary’ means

2 the Secretary of the Army.’’.

3 (b) TERRESTRIAL WILDLIFE HABITAT RESTORA4 TION.—Section 602 of division C of the Omnibus Consoli5 dated and Emergency Supplemental Appropriations Act,

6 1999 (112 Stat. 2681–660), is amended—

7 (1) in subsection (a)(4)—

8 (A) in subparagraph (A)(ii), by striking

9 ‘‘803’’ and inserting ‘‘603’’;

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

11 ‘‘804’’ and inserting ‘‘604’’; and

12 (C) in subparagraph (C)—

13 (i) in clause (i)(II), by striking

14 ‘‘803(d)(3) and 804(d)(3)’’ and inserting

15 ‘‘603(d)(3) and 604(d)(3)’’; and

16 (ii) in clause (ii)(II)—

17 (I) by striking ‘‘803(d)(3)(A)(i)’’

18 and inserting ‘‘603(d)(3)(A)(i)’’; and

19 (II) by striking ‘‘804(d)(3)(A)(i)’’

20 and inserting ‘‘604(d)(3)(A)(i)’’;

21 (2) in subsection (b)—

22 (A) in paragraph (1), by striking

23 ‘‘803(d)(3)(A)(iii)’’ and inserting

24 ‘‘603(d)(3)(A)(ii)(III)’’; and

25 (B) in paragraph (4)—
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1 (i) in subparagraph (A), by striking

2 ‘‘803(d)(3)(A)(iii)’’ and inserting

3 ‘‘603(d)(3)(A)(ii)(III)’’; and

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

5 ‘‘804(d)(3)(A)(iii)’’ and inserting

6 ‘‘604(d)(3)(A)(ii)(III)’’; and

7 (3) in subsection (c), by striking ‘‘803 and 804’’

8 and inserting ‘‘603 and 604’’.

9 (c) SOUTH DAKOTA TERRESTRIAL WILDLIFE HABITAT

10 RESTORATION TRUST FUND.—Section 603 of division C of

11 the Omnibus Consolidated and Emergency Supplemental

12 Appropriations Act, 1999 (112 Stat. 2681–663), is

13 amended—

14 (1) in subsection (c)—

15 (A) by striking ‘‘The Secretary’’ and insert16 ing the following:

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

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

19 ‘‘(2) INTEREST RATE.—The Secretary of the

20 Treasury shall invest amounts in the fund in obliga21 tions that carry the highest rate of interest among

22 available obligations of the required maturity.’’; and

23 (2) in subsection (d)—
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1 (A) in paragraph (2), by striking

2 ‘‘802(a)(4)(A)’’ and inserting ‘‘602(a)(4)(A)’’;

3 and

4 (B) in paragraph (3)(A)—

5 (i) in clause (i)—

6 (I) by striking ‘‘802(a)’’ and in7 serting ‘‘602(a)’’; and

8 (II) by striking ‘‘and’’ at the end;

9 and

10 (ii) in clause (ii)—

11 (I) in subclause (III), by striking

12 ‘‘802(b)’’ and inserting ‘‘602(b)’’; and

13 (II) in subclause (IV)—

14 (aa) by striking ‘‘802’’ and

15 inserting ‘‘602’’; and

16 (bb) by striking ‘‘and’’ at the

17 end.

18 (d) CHEYENNE RIVER SIOUX TRIBE AND LOWER

19 BRULE SIOUX TRIBE TERRESTRIAL WILDLIFE HABITAT

20 RESTORATION TRUST FUNDS.—Section 604 of division C

21 of the Omnibus Consolidated and Emergency Supplemental

22 Appropriations Act, 1999 (112 Stat. 2681–664), is

23 amended—

24 (1) in subsection (c)—
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1 (A) by striking ‘‘The Secretary’’ and insert2 ing the following:

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

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

5 ‘‘(2) INTEREST RATE.—The Secretary of the

6 Treasury shall invest amounts in the fund in obliga7 tions that carry the highest rate of interest among

8 available obligations of the required maturity.’’; and

9 (2) in subsection (d)—

10 (A) in paragraph (2), by striking

11 ‘‘802(a)(4)(B)’’ and inserting ‘‘602(a)(4)(B)’’;

12 and

13 (B) in paragraph (3)(A)—

14 (i) in clause (i), by striking ‘‘802(a)’’

15 and inserting ‘‘602(a)’’; and

16 (ii) in clause (ii)—

17 (I) in subclause (III), by striking

18 ‘‘802(b)’’ and inserting ‘‘602(b)’’; and

19 (II) in subclause (IV), by striking

20 ‘‘802’’ and inserting ‘‘602’’.

21 (e) TRANSFER OF FEDERAL LAND TO STATE OF

22 SOUTH DAKOTA.—Section 605 of division C of the Omnibus

23 Consolidated and Emergency Supplemental Appropriations

24 Act, 1999 (112 Stat. 2681–665), is amended—
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1 (1) in subsection (a)(2)(B), by striking ‘‘802’’

2 and inserting ‘‘602’’;

3 (2) in subsection (c), in the mater preceding

4 paragraph (1), by striking ‘‘waters’’ and inserting

5 ‘‘facilities’’;

6 (3) in subsection (e)(2), by striking ‘‘803’’ and

7 inserting ‘‘603’’;

8 (4) by striking subsection (g) and inserting the

9 following:

10 ‘‘(g) HUNTING AND FISHING.—

11 ‘‘(1) IN GENERAL.—Except as provided in this

12 section, nothing in this title affects jurisdiction over

13 the waters of the Missouri River below the water’s

14 edge and outside the exterior boundaries of an Indian

15 reservation in South Dakota.

16 ‘‘(2) JURISDICTION.—

17 ‘‘(A) TRANSFERRED LAND.—On transfer of

18 the land under this section to the State of South

19 Dakota, jurisdiction over the land shall be the

20 same as that over other land owned by the State

21 of South Dakota.

22 ‘‘(B) LAND BETWEEN THE MISSOURI RIVER

23 WATER’S EDGE AND THE LEVEL OF THE EXCLU24 SIVE FLOOD POOL.—Jurisdiction over land be25 tween the Missouri River water’s edge and the
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1 level of the exclusive flood pool outside Indian

2 reservations in the State of South Dakota shall

3 be the same as that exercised by the State on

4 other land owned by the State, and that jurisdic5 tion shall follow the fluctuations of the water’s

6 edge.

7 ‘‘(D) FEDERAL LAND.—Jurisdiction over

8 land and water owned by the Federal govern9 ment within the boundaries of the State of South

10 Dakota that are not affected by this Act shall re11 main unchanged.

12 ‘‘(3) EASEMENTS AND ACCESS.—The Secretary

13 shall provide the State of South Dakota with ease14 ments and access on land and water below the level

15 of the exclusive flood pool outside Indian reservations

16 in the State of South Dakota for recreational and

17 other purposes (including for boat docks, boat ramps,

18 and related structures), so long as the easements

19 would not prevent the Corps of Engineers from car20 rying out its mission under the Act entitled ‘‘An Act

21 authorizing the construction of certain public works

22 on rivers and harbors for flood control, and for other

23 purposes’’, approved December 22, 1944 (commonly

24 known as the ‘Flood Control Act of 1944’) (58 Stat.

25 887)).’’; and
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1 (5) by adding at the end the following:

2 ‘‘(i) IMPACT AID.—The land transferred under sub3 section (a) shall be deemed to continue to be owned by the

4 United States for purposes of section 8002 of the Elemen5 tary and Secondary Education Act of 1965 (20 U.S.C.

6 7702).’’

7 (f) TRANSFER OF CORPS OF ENGINEERS LAND FOR IN8 DIAN TRIBES.—Section 606 of division C of the Omnibus

9 Consolidated and Emergency Supplemental Appropriations

10 Act, 1999 (112 Stat. 2681–667), is amended—

11 (1) in subsection (a)(1), by inserting before the

12 period at the end the following: ‘‘for their use in per13 petuity’’;

14 (2) in subsection (c), in the matter preceding

15 paragraph (1), by striking ‘‘waters’’ and inserting

16 ‘‘facilities’’;

17 (3) in subsection (f), by striking paragraph (2)

18 and inserting the following:

19 ‘‘(2) HUNTING AND FISHING.—

20 ‘‘(A) IN GENERAL.—Except as provided in

21 this section, nothing in this title affects jurisdic22 tion over the waters of the Missouri River below

23 the water’s edge and within the exterior bound24 aries of the Cheyenne River Sioux and Lower

25 Brule Sioux Tribe reservations.
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1 ‘‘(B) JURISDICTION.—On transfer of the

2 land to the respective tribes under this section,

3 jurisdiction over the land and on land between

4 the water’s edge and the level of the exclusive

5 flood pool within the respective Tribe’s reserva6 tion boundaries shall be the same as that over

7 land held in trust by the Secretary of the Inte8 rior on the Cheyenne River Sioux Reservation

9 and the Lower Brule Sioux Reservation, and

10 that jurisdiction shall follow the fluctuations of

11 the water’s edge.

12 ‘‘(C) EASEMENTS AND ACCESS.—The Sec13 retary shall provide the Tribes with such ease14 ments and access on land and water below the

15 level of the exclusive flood pool inside the respec16 tive Indian reservations for recreational and

17 other purposes (including for boat docks, boat

18 ramps, and related structures), so long as the

19 easements would not prevent the Corps of Engi20 neers from carrying out its mission under the

21 Act entitled ‘‘An Act authorizing the construc22 tion of certain public works on rivers and har23 bors for flood control, and for other purposes’’,

24 approved December 22, 1944 (commonly known
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1 as the ‘Flood Control Act of 1944’) (58 Stat.

2 887)).’’;

3 (4) in subsection (e)(2), by striking ‘‘804’’ and

4 inserting ‘‘604’’; and

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

6 ‘‘(g) EXTERIOR INDIAN RESERVATION BOUNDARIES.—

7 Notheing in this section diminishes, changes, or otherwise

8 affects the exterior boundaries of a reservation of an Indian

9 tribe.’’.

10 (g) ADMINISTRATION.—Section 607(b) of division C of

11 the Omnibus Consolidated and Energy Supplemental Ap12 propriations Act, 1999 (112 Stat. 2681–669), is amended

13 by striking ‘‘land’’ and inserting ‘‘property’’.

14 (h) STUDY.—Section 608 of division C of the Omnibus

15 Consolidated and Emergency Supplemental Appropriations

16 Act, 1999 (112 Stat. 2681–670), is amended—

17 (1) in subsection (a)—

18 (A) by striking ‘‘Not late than 1 year after

19 the date of enactment of this Act, the Secretary’’

20 and inserting ‘‘The Secretary’’;

21 (B) by striking ‘‘to conduct’’ and inserting

22 ‘‘to complete, not later than October 31, 1999,’’;

23 and

24 (C) by striking ‘‘805(b) and 806(b)’’ and

25 inserting ‘‘605(b) and 606(b)’’;
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1 (2) in subsection (b), by striking ‘‘805(b) or

2 806(b)’’ and inserting ‘‘606(b) or 606(b)’’; and

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

4 ‘‘(c) STATE WATER RIGHTS.—The results of the study

5 shall not affect, and shall not be taken into consideration

6 in, any proceeding to quantify the water rights of any

7 State.

8 ‘‘(d) INDIAN WATER RIGHTS.—The results of the study

9 shall not affect, and shall not be taken into consideration

10 in, any proceeding to quantify the water rights of any In11 dian tribe or tribal nation.’’.

12 (i) AUTHORIZATION OF APPROPRIATIONS.—Section

13 609(a) of division C of the Omnibus Consolidated and

14 Emergency Supplemental Appropriations Act, 1999 (112

15 Stat. 2681–670), is amended—

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

17 end;

18 (2) in paragraph (2)—

19 (A) by striking ‘‘802(a)’’ and inserting

20 ‘‘605(a)’’; and

21 (B) by striking ‘‘803(d)(3) and 804(d)(3).’’

22 and inserting ‘‘603(d)(3) and 604(d)(3); and’’;

23 and

24 (3) by adding at the end the following:
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1 ‘‘(3) to fund the annual expenses (not to exceed

2 the Federal cost as of the date of enactment of this

3 Act) of operating recreation areas to be transferred

4 under sections 605(c) and 606(c) or leased by the

5 State of South Dakota or Indian tribes, until such

6 time as the trust funds under sections 603 and 604

7 are fully capitalized.’’.

Attest:

Secretary.
106TH CONGRESS

1ST SESSION H. R. 1480

AMENDMENT
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