I

106TH CONGRESS

1ST SESSION H. R. 1480

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.

IN THE HOUSE OF REPRESENTATIVES

APRIL 20, 1999

Mr. SHUSTER introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Resources, for a period to be subsequently determined by the

Speaker, in each case for consideration of such provisions as fall within

the jurisdiction of the committee concerned

A BILL

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.

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

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

6 (b) TABLE OF CONTENTS.—
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Sec. 1. Short title; table of contents.

Sec. 2. Secretary defined.

TITLE I—WATER RESOURCES PROJECTS

Sec. 101. Project authorizations.

Sec. 102. Small flood control projects.

Sec. 103. Small bank stabilization projects.

Sec. 104. Small navigation projects.

Sec. 105. Small projects for improvement of the environment.

Sec. 106. Small aquatic ecosystem restoration projects.

TITLE II—GENERAL PROVISIONS

Sec. 201. Small flood control authority.

Sec. 202. Use of non-Federal funds for compiling and disseminating information on floods and flood damages.

Sec. 203. Contributions by States and political subdivisions.

Sec. 204. Sediment decontamination technology.

Sec. 205. Control of aquatic plants.

Sec. 206. Use of continuing contracts required for construction of certain

projects.

Sec. 207. Support of Army civil works program.

Sec. 208. Water resources development studies for the Pacific region.

Sec. 209. Everglades and south Florida ecosystem restoration.

Sec. 210. Beneficial uses of dredged material.

Sec. 211. Harbor cost sharing.

Sec. 212. Aquatic ecosystem restoration.

Sec. 213. Watershed management, restoration, and development.

Sec. 214. Flood mitigation and riverine restoration pilot program.

Sec. 215. Shoreline management program.

Sec. 216. Assistance for remediation, restoration, and reuse.

Sec. 217. Shore damage mitigation.

Sec. 218. Shore protection.

Sec. 219. Flood prevention coordination.

Sec. 220. Annual passes for recreation.

Sec. 221. Cooperative agreements for environmental and recreational measures.

Sec. 222. Nonstructural flood control projects.

Sec. 223. Lakes program.

Sec. 224. Construction of flood control projects by non-Federal interests.

Sec. 225. Enhancement of fish and wildlife resources.

Sec. 226. Sense of Congress; requirement regarding notice.

Sec. 227. Periodic beach nourishment.

Sec. 228. Environmental dredging.

TITLE III—PROJECT-RELATED PROVISIONS

Sec. 301. Missouri River Levee System.

Sec. 302. Ouzinkie Harbor, Alaska.

Sec. 303. Greers Ferry Lake, Arkansas.

Sec. 304. Ten- and Fifteen-Mile Bayous, Arkansas.

Sec. 305. Loggy Bayou, Red River below Denison Dam, Arkansas, Louisiana,

Oklahoma, and Texas.

Sec. 306. Sacramento River, Glenn-Colusa, California.

Sec. 307. San Lorenzo River, California.

Sec. 308. Terminus Dam, Kaweah River, California.
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Sec. 309. Delaware River mainstem and channel deepening, Delaware, New

Jersey, and Pennsylvania.

Sec. 310. Potomac River, Washington, District of Columbia.

Sec. 311. Brevard County, Florida.

Sec. 312. Broward County and Hillsboro Inlet, Florida.

Sec. 313. Fort Pierce, Florida.

Sec. 314. Nassau County, Florida.

Sec. 315. Miami Harbor Channel, Florida.

Sec. 316. Lake Michigan, Illinois.

Sec. 317. Springfield, Illinois.

Sec. 318. Little Calumet River, Indiana.

Sec. 319. Ogden Dunes, Indiana.

Sec. 320. Saint Joseph River, South Bend, Indiana.

Sec. 321. White River, Indiana.

Sec. 322. Lake Pontchartrain, Louisiana.

Sec. 323. Larose to Golden Meadow, Louisiana.

Sec. 324. Louisiana State Penitentiary Levee, Louisiana.

Sec. 325. Twelve-mile Bayou, Caddo Parish, Louisiana.

Sec. 326. West Bank of the Mississippi River (East of Harvey Canal), Louisiana.

Sec. 327. Tolchester Channel, Baltimore Harbor and channels, Chesapeake

Bay, Kent County, Maryland.

Sec. 328. Sault Sainte Marie, Chippewa County, Michigan.

Sec. 329. Jackson County, Mississippi.

Sec. 330. Tunica Lake, Mississippi.

Sec. 331. Bois Brule Drainage and Levee District, Missouri.

Sec. 332. Meramec River Basin, Valley Park Levee, Missouri.

Sec. 333. Missouri River mitigation project, Missouri, Kansas, Iowa, and Nebraska.

Sec. 334. Wood River, Grand Island, Nebraska.

Sec. 335. Absecon Island, New Jersey.

Sec. 336. New York Harbor and Adjacent Channels, Port Jersey, New Jersey

Sec. 337. Passaic River, New Jersey.

Sec. 338. Sandy Hook to Barnegat Inlet, New Jersey.

Sec. 339. Arthur Kill, New York and New Jersey.

Sec. 340. New York City watershed.

Sec. 341. New York State Canal System.

Sec. 342. Fire Island Inlet to Montauk Point, New york.

Sec. 343. Broken Bow Lake, Red River Basin, Oklahoma.

Sec. 344. Willamette River temperature control, Mckenzie Subbasin, Oregon.

Sec. 345. Aylesworth Creek Reservoir, Pennsylvania.

Sec. 346. Curwensville Lake, Pennsylvania.

Sec. 347. Delaware River, Pennsylvania and Delaware.

Sec. 348. Mussers Dam, Pennsylvania.

Sec. 349. Nine-Mile Run, Allegheny County, Pennsylvania.

Sec. 350. Raystown Lake, Pennsylvania.

Sec. 351. South Central Pennsylvania.

Sec. 352. Cooper River, Charleston Harbor, South Carolina.

Sec. 353. Bowie County Levee, Texas.

Sec. 354. Clear Creek, Texas.

Sec. 355. Cypress Creek, Texas.

Sec. 356. Dallas Floodway Extension, Dallas, Texas.

Sec. 357. Upper Jordan River, Utah.

Sec. 358. Elizabeth River, Chesapeake, Virginia.

Sec. 359. Bluestone Lake, Ohio River Basin, West Virginia.
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Sec. 360. Greenbrier Basin, West Virginia.

Sec. 361. Moorefield, West Virginia.

Sec. 362. West Virginia and Pennsylvania Flood Control.

Sec. 363. Project reauthorizations.

Sec. 364. Project deauthorizations.

Sec. 365. American and Sacramento Rivers, California.

Sec. 366. Martin, Kentucky.

TITLE IV—STUDIES

Sec. 401. Upper Mississippi and Illinois Rivers levees and streambanks protection.

Sec. 402. Upper Mississippi River comprehensive plan.

Sec. 403. El Dorado, Union County, Arkansas.

Sec. 404. Sweetwater Reservoir, San Diego County, California.

Sec. 405. Whitewater River Basin, California.

Sec. 406. Little Econlackhatchee River Basin, Florida.

Sec. 407. Port Everglades Inlet, Florida.

Sec. 408. Upper Des Plaines River and tributaries, Illinois and Wisconsin.

Sec. 409. Cameron Parish west of Calcasieu River, Louisiana.

Sec. 410. Grand Isle and vicinity, Louisiana.

Sec. 411. Lake Pontchartrain seawall, Louisiana.

Sec. 412. Westport, Massachusetts.

Sec. 413. Southwest Valley, Albuquerque, New Mexico.

Sec. 414. Cayuga Creek, New York.

Sec. 415. Arcola Creek Watershed, Madison, Ohio.

Sec. 416. Western Lake Erie Basin, Ohio, Indiana, and Michigan.

Sec. 417. Schuylkill River, Norristown, Pennsylvania.

Sec. 418. Lakes Marion and Moultrie, South Carolina.

Sec. 419. Day County, South Dakota.

Sec. 420. Corpus Christi, Texas.

Sec. 421. Mitchell’s Cut Channel (Caney Fork Cut), Texas.

Sec. 422. Mouth of Colorado River, Texas.

Sec. 423. Kanawha River, Fayette County, West Virginia.

Sec. 424. West Virginia ports.

Sec. 425. Great Lakes region comprehensive study.

Sec. 426. Nutrient loading resulting from dredged material diposal.

TITLE V—MISCELLANEOUS PROVISIONS

Sec. 501. Corps assumption of NRCS projects.

Sec. 502. Construction assistance.

Sec. 503. Contaminated sediment dredging technology.

Sec. 504. Dam safety.

Sec. 505. Great Lakes remedial action plans.

Sec. 506. Sea Lamprey control measures in the Great Lakes.

Sec. 507. Maintenance of navigation channels.

Sec. 508. Measurement of Lake Michigan diversions.

Sec. 509. Upper Mississippi River environmental management program.

Sec. 510. Atlantic Coast of New York monitoring.

Sec. 511. Water control management.

Sec. 512. Beneficial use of dredged material.

Sec. 513. Design and construction assistance.

Sec. 514. Lower Missouri River aquatic restoration projects.

Sec. 515. Aquatic resources restoration in the Northwest.

Sec. 516. Innovative technologies for watershed restoration.
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Sec. 517. Environmental restoration.

Sec. 518. Expedited consideration of certain projects.

Sec. 519. Dog River, Alabama.

Sec. 520. Elba, Alabama.

Sec. 521. Geneva, Alabama.

Sec. 522. Navajo Reservation, Arizona, New Mexico, and Utah.

Sec. 523. Augusta and Devalls Bluff, Arkansas.

Sec. 524. Beaver Lake, Arkansas.

Sec. 525. Beaver Lake trout production facility, Arkansas.

Sec. 526. Chino Dairy Preserve, California.

Sec. 527. Novato, California.

Sec. 528. Orange and San Diego Counties, California.

Sec. 529. Salton Sea, California.

Sec. 530. Santa Cruz Harbor, California.

Sec. 531. Point Beach, Milford, Connecticut.

Sec. 532. Lower St. Johns River Basin, Florida.

Sec. 533. Shoreline protection and environmental restoration, Lake Allatoona,

Georgia.

Sec. 534. Mayo’s Bar Lock and Dam, Coosa River, Rome, Georgia.

Sec. 535. Comprehensive flood impact response modeling system, Coralville

Reservoir and Iowa River Watershed, Iowa.

Sec. 536. Additional construction assistance in Illinois.

Sec. 537. Kanopolis Lake, Kansas.

Sec. 538. Southern and Eastern Kentucky.

Sec. 539. Southeast Louisiana.

Sec. 540. Snug Harbor, Maryland.

Sec. 541. Welch Point, Elk River, Cecil County, and Chesapeake City, Maryland.

Sec. 542. West View Shores, Cecil County, Maryland.

Sec. 543. Restoration projects for Maryland, Pennsylvania, and West Virginia.

Sec. 544. Cape Cod Canal Railroad Bridge, Buzzards Bay, Massachusetts.

Sec. 545. St. Louis, Missouri.

Sec. 546. Beaver Branch of Big Timber Creek, New Jersey.

Sec. 547. Lake Ontario and St. Lawrence River water levels, New York.

Sec. 548. New York-New Jersey Harbor, New York and New Jersey.

Sec. 549. Sea Gate Reach, Coney Island, New York, New York.

Sec. 550. Woodlawn, New York.

Sec. 551. Floodplain mapping, New York.

Sec. 552. White Oak River, North Carolina.

Sec. 553. Toussaint River, Carroll Township, Ottawa County, Ohio.

Sec. 554. Sardis Reservoir, Oklahoma.

Sec. 555. Waurika Lake, Oklahoma, water conveyance facilities.

Sec. 556. Skinner Butte Park, Eugene, Oregon.

Sec. 557. Willamette River basin, Oregon.

Sec. 558. Bradford and Sullivan Counties, Pennsylvania.

Sec. 559. Erie Harbor, Pennsylvania.

Sec. 560. Point Marion Lock And Dam, Pennsylvania.

Sec. 561. Seven Points’ Harbor, Pennsylvania.

Sec. 562. Southeastern Pennsylvania.

Sec. 563. Upper Susquehanna-Lackawanna watershed restoration initiative.

Sec. 564. Aguadilla Harbor, Puerto Rico.

Sec. 565. Oahe Dam to Lake Sharpe, South Dakota, study.

Sec. 566. Integrated water management planning, Texas.

Sec. 567. Bolivar Peninsula, Jefferson, Chambers, and Galveston Counties,

Texas.
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Sec. 568. Galveston Beach, Galveston County, Texas.

Sec. 569. Packery Channel, Corpus Christi, Texas.

Sec. 570. Northern West Virginia.

Sec. 571. Urbanized peak flood management research.

Sec. 572. Mississippi River Commission.

Sec. 573. Coastal aquatic habitat management.

Sec. 574. Recreation user fees initiative.

Sec. 575. Abandoned and inactive noncoal mine restoration.

Sec. 576. Beneficial use of waste tire rubber.

Sec. 577. Site designation.

Sec. 578. Land conveyances.

Sec. 579. Namings.

Sec. 580. Folsom Dam and Reservoir additional storage and water supply studies.

Sec. 581. Water resources development.

Sec. 582. Allocation of appropriations.

Sec. 583. Wallops Island, Virginia.

1 SEC. 2. SECRETARY DEFINED.

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

4 TITLE I—WATER RESOURCES

5 PROJECTS

6 SEC. 101. PROJECT AUTHORIZATIONS.

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

10 out by the Secretary substantially in accordance with the

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

13 (1) SAND POINT HARBOR, ALASKA.—The

14 project for navigation, Sand Point Harbor, Alaska:

15 Report of the Chief of Engineers dated October 13,

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

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

3 (2) RIO SALADO, SALT RIVER, PHOENIX AND

4 TEMPE, ARIZONA.—The project for flood control and

5 environmental restoration, Rio Salado, Salt River,

6 Phoenix and Tempe, Arizona: Report of the Chief of

7 Engineers dated August 20, 1998, at a total cost of

8 $88,048,000, with an estimated Federal cost of

9 $56,355,000 and an estimated non-Federal cost of

10 $31,693,000.

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

12 project for flood control, Tucson drainage area, Ari13 zona: Report of the Chief of Engineers, dated May

14 20, 1998, at a total cost of $29,900,000, with an es15 timated Federal cost of $16,768,000 and an esti16 mated non-Federal cost of $13,132,000.

17 (4) AMERICAN RIVER WATERSHED, CALI18 FORNIA.—

19 (A) IN GENERAL.—The Folsom Dam

20 Modification portion of the Folsom Modification

21 Plan described in the United States Army

22 Corps of Engineers Supplemental Information

23 Report for the American River Watershed

24 Project, California, dated March 1996, as modi25 fied by the report entitled ‘‘Folsom Dam Modi-
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1 fication Report, New Outlets Plan,’’ dated

2 March 1998, prepared by the Sacramento Area

3 Flood Control Agency, at an estimated cost of

4 $150,000,000, with an estimated Federal cost

5 of $97,500,000 and an estimated non-Federal

6 cost of $52,500,000. The Secretary shall coordi7 nate with the Secretary of the Interior with re8 spect to the design and construction of modi9 fications at Folsom Dam authorized by this

10 paragraph.

11 (B) REOPERATION MEASURES.—Upon

12 completion of the improvements to Folsom Dam

13 authorized by subparagraph (A), the variable

14 space allocated to flood control within the Res15 ervoir shall be reduced from the current oper16 ating range of 400,000-670,000 acre-feet to

17 400,000-600,000 acre-feet.

18 (C) COST OF FOLSOM RESERVOIR REOPER19 ATION MEASURES.—Section 101(a)(1)(D)(ii) of

20 the Water Resources Development Act of 1996

21 (110 Stat. 3662–3663) is amended by striking

22 ‘‘during’’ and all that follows through ‘‘there23 after’’.

24 (D) MAKEUP OF WATER SHORTAGES

25 CAUSED BY FLOOD CONTROL OPERATION.—
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1 (i) IN GENERAL.—The Secretary of

2 the Interior shall enter into, or modify,

3 such agreements with the Sacramento

4 Area Flood Control Agency regarding the

5 operation of Folsom Dam and reservoir as

6 may be necessary in order that, notwith7 standing any prior agreement or provision

8 of law, 100 percent of the water needed to

9 make up for any water shortage caused by

10 variable flood control operation during any

11 year at Folsom Dam and resulting in a

12 significant impact on recreation at Folsom

13 Reservoir shall be replaced, to the extent

14 the water is available for purchase, by the

15 Secretary of the Interior.

16 (ii) COST SHARING.—Seventy-five per17 cent of the costs of the replacement water

18 provided under clause (i) shall be paid for

19 on a non-reimbursable basis by the Sec20 retary of the Interior at Federal expense.

21 The remaining 25 percent of such costs

22 shall be provided by the Sacramento Area

23 Flood Control Agency.

24 (iii) LIMITATION.—To the extent that

25 any funds in excess of the non-Federal
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1 share are provided by the Sacramento Area

2 Flood Control Agency, the Secretary shall

3 reimburse such non-Federal interests for

4 such excess funds. Costs for replacement

5 water may not exceed 125 percent of the

6 current average market price for raw

7 water, as determined by the Secretary of

8 the Interior.

9 (E) SIGNIFICANT IMPACT ON RECRE10 ATION.—For the purposes of this paragraph, a

11 significant impact on recreation is defined as

12 any impact that results in a lake elevation at

13 Folsom Reservoir below 435 feet above sea level

14 starting on May 15 and ending on September

15 15 of any given year.

16 (F) EVALUATION.—For purposes of this

17 paragraph, in evaluating the impacts on recre18 ation at Folsom Reservoir caused by the vari19 able flood control operation of Folsom Dam, the

20 Secretary shall take into consideration the ef21 fect of measures authorized by section 581(b)

22 of this Act.

23 (5) SOUTH SACRAMENTO COUNTY STREAMS,

24 CALIFORNIA.—The project for flood control, environ25 mental restoration and recreation, South Sac-
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1 ramento County streams, California: Report of the

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

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

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

5 of $24,300,000.

6 (6) UPPER GUADALUPE RIVER, CALIFORNIA.—

7 The project for flood control and recreation, Upper

8 Guadalupe River, California: Locally Preferred Plan

9 (known as the ‘‘Bypass Channel Plan’’), Report of

10 the Chief of Engineers dated August 19, 1998, at a

11 total cost of $140,285,000, with an estimated Fed12 eral cost of $44,000,000 and an estimated non-Fed13 eral cost of $96,285,000.

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

15 project for flood control, Yuba River Basin, Cali16 fornia: Report of the Chief of Engineers dated No17 vember 25, 1998, at a total cost of $26,600,000,

18 with an estimated Federal cost of $17,350,000 and

19 an estimated non-Federal cost of $9,250,000.

20 (8) DELAWARE BAY COASTLINE, DELAWARE

21 AND NEW JERSEY-BROADKILL BEACH, DELAWARE.—

22 The project for hurricane and storm damage reduc23 tion, Delaware Bay coastline, Delaware and New

24 Jersey-Broadkill Beach, Delaware: Report of the

25 Chief of Engineers dated August 17, 1998, at a
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1 total cost of $9,049,000, with an estimated Federal

2 cost of $5,674,000 and an estimated non-Federal

3 cost of $3,375,000, and at an estimated average an4 nual cost of $538,200 for periodic nourishment over

5 the 50-year life of the project, with an estimated an6 nual Federal cost of $349,800 and an estimated an7 nual non-Federal cost of $188,400.

8 (9) DELAWARE BAY COASTLINE, DELAWARE

9 AND NEW JERSEY-PORT MAHON, DELAWARE.—The

10 project for ecosystem restoration, Delaware Bay

11 coastline, Delaware and New Jersey-Port Mahon,

12 Delaware: Report of the Chief of Engineers dated

13 September 28, 1998, at a total cost of $7,644,000,

14 with an estimated Federal cost of $4,969,000 and

15 an estimated non-Federal cost of $2,675,000, and at

16 an estimated average annual cost of $234,000 for

17 periodic nourishment over the 50-year life of the

18 project, with an estimated annual Federal cost of

19 $152,000 and an estimated annual non-Federal cost

20 of $82,000.

21 (10) DELAWARE BAY COASTLINE, DELAWARE

22 AND NEW JERSEY-ROOSEVELT INLET-LEWES BEACH,

23 DELAWARE.—The project for navigation mitigation

24 and hurricane and storm damage reduction, Dela25 ware Bay coastline, Delaware and New Jersey-Roo-
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1 sevelt Inlet-Lewes Beach, Delaware: Report of the

2 Chief of Engineers dated February 3, 1999, at a

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

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

5 cost of $773,000, and at an estimated average an6 nual cost of $196,000 for periodic nourishment over

7 the 50-year life of the project, with an estimated an8 nual Federal cost of $152,000 and an estimated an9 nual non-Federal cost of $44,000.

10 (11) TAMPA HARBOR-BIG BEND CHANNEL,

11 FLORIDA.—The project for navigation, Tampa Har12 bor-Big Bend Channel, Florida: Report of the Chief

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

14 of $9,356,000, with an estimated Federal cost of

15 $6,235,000 and an estimated non-Federal cost of

16 $3,121,000.

17 (12) BRUNSWICK HARBOR, GEORGIA.—The

18 project for navigation, Brunswick Harbor, Georgia:

19 Report of the Chief of Engineers dated October 6,

20 1998, at a total cost of $50,717,000, with an esti21 mate Federal cost of $32,966,000 and an estimated

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

23 (13) BEARGRASS CREEK, KENTUCKY.—The

24 project for flood control, Beargrass Creek, Ken25 tucky: Report of the Chief of Engineers, dated May
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1 12, 1998, at a total cost of $11,171,300, with an es2 timated Federal cost of $7,261,500 and an esti3 mated non-Federal cost of $3,909,800.

4 (14) AMITE RIVER AND TRIBUTARIES, LOU5 ISIANA.—The project for flood control, Amite River

6 and tributaries, Louisiana: Report of the Chief of

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

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

9 $84,675,000 and an estimated non-Federal cost of

10 $28,225,000. Cost sharing for the project shall be

11 determined in accordance with section 103(a) of the

12 Water Resources Development Act of 1986 (33

13 U.S.C. 2213), as in effect on October 11, 1996.

14 (15) BALTIMORE HARBOR ANCHORAGES AND

15 CHANNELS, MARYLAND AND VIRGINIA.—The project

16 for navigation, Baltimore harbor anchorages and

17 channels, Maryland and Virginia: Report of the

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

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

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

21 of $9,430,000.

22 (16) RED RIVER LAKE AT CROOKSTON, MIN23 NESOTA.—The project for flood control, Red River

24 Lake at Crookston, Minnesota: Report of the Chief

25 of Engineers, dated April 20, 1998, at a total cost
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1 of $8,950,000, with an estimated Federal cost of

2 $5,720,000 and an estimated non-Federal cost of

3 $3,230,000.

4 (17) LOWER CAPE MAY MEADOWS, CAPE MAY

5 POINT, NEW JERSEY.—The project for navigation

6 mitigation, ecosystem restoration, and hurricane and

7 storm damage reduction, Lower Cape May Meadows,

8 Cape May Point, New Jersey: Report of the Chief

9 of Engineers dated April 5, 1999, at a total cost of

10 $15,952,000, with an estimated Federal cost of

11 $12,118,000 and an estimated non-Federal cost of

12 $3,834,000, and at an estimated average annual

13 cost of $1,114,000 for periodic nourishment over the

14 50-year life of the project, with an estimated annual

15 Federal cost of $897,000 and an estimated annual

16 non-Federal cost of $217,000.

17 (18) NEW JERSEY SHORE PROTECTION: TOWN18 SENDS INLET TO CAPE MAY INLET, NEW JERSEY.—

19 The project for hurricane and storm damage reduc20 tion and ecosystem restoration, New Jersey Shore

21 Protection: Townsends Inlet to Cape May Inlet, New

22 Jersey: Report of the Chief of Engineers dated Sep23 tember 28, 1998, at a total cost of $56,503,000,

24 with an estimated Federal cost of $36,727,000 and

25 an estimated non-Federal cost of $19,776,000, and
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1 at an estimated average annual cost of $2,000,000

2 for periodic nourishment over the 50-year life of the

3 project, with an estimated annual Federal cost of

4 $1,300,000 and an estimated annual non-Federal

5 cost of $700,000.

6 (19) GUANAJIBO RIVER, PUERTO RICO.—The

7 project for flood control, Guanajibo River, Puerto

8 Rico: Report of the Chief of Engineers, dated Feb9 ruary 27, 1996, at a total cost of $27,031,000, with

10 an estimated Federal cost of $20,273,250 and an es11 timated non-Federal cost of $6,757,750. Cost shar12 ing for the project shall be determined in accordance

13 with section 103(a) of the Water Resources Develop14 ment Act 1986 (33 U.S.C. 2213) as in effect on Oc15 tober 11, 1986.

16 (20) RIO GRANDE DE MANATI, BARCELONETA,

17 PUERTO RICO.—The project for flood control, Rio

18 Grande De Manati, Barceloneta, Puerto Rico: Re19 port of the Chief of Engineers, dated January 22,

20 1999, at a total cost of $13,491,000, with an esti21 mated Federal cost of $8,785,000 and an estimated

22 non-Federal cost of $4,706,000.

23 (21) RIO NIGUA AT SALINAS, PUERTO RICO.—

24 The project for flood control, Rio Nigua at Salinas,

25 Puerto Rico: Report of the Chief of Engineers, dated
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1 April 15, 1997, at a total cost of $13,702,000, with

2 an estimated Federal cost of $7,645,000 and an es3 timated non-Federal cost of $6,057,000.

4 (22) SALT CREEK, GRAHAM, TEXAS.—The

5 project for flood control, environmental restoration

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

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

8 a total cost of $10,080,000, with an estimated Fed9 eral cost of $6,560,000 and an estimated non-Fed10 eral cost of $3,520,000.

11 (b) PROJECTS SUBJECT TO REPORT.—The following

12 projects for water resources development and conservation

13 and other purposes are authorized to be carried out by

14 the Secretary substantially in accordance with the plans,

15 and subject to the conditions, recommended in a final re16 port of the Corps of Engineers, if the report is completed

17 not later than September 30, 1999.

18 (1) NOME, ALASKA.—The project for naviga19 tion, Nome, Alaska, at a total cost of $24,608,000,

20 with an estimated Federal cost of $19,660,000 and

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

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

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

24 cost of $12,240,000, with an estimated Federal cost
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1 of $4,364,000 and an estimated non-Federal cost of

2 $7,876,000.

3 (3) HAMILTON AIRFIELD, CALIFORNIA.—The

4 project for wetlands restoration, Hamilton Airfield,

5 California, at a total cost of $55,200,000, with an

6 estimated Federal cost of $41,400,000 and an esti7 mated non-Federal cost of $13,800,000.

8 (4) OAKLAND HARBOR, CALIFORNIA.—The

9 project for navigation, Oakland Harbor, California,

10 at a total cost of $256,650,000, with an estimated

11 Federal cost of $143,450,000 and an estimated non12 Federal cost of $113,200,000.

13 (5) DELAWARE BAY COASTLINE, DELAWARE

14 AND NEW JERSEY: REEDS BEACH AND PIERCES

15 POINT, NEW JERSEY.—The project for shore protec16 tion and ecosystem restoration, Delaware Bay Coast17 line, Delaware and New Jersey: Reeds Beach and

18 Pierces Point, New Jersey, at a total cost of

19 $4,057,000, with an estimated Federal cost of

20 $2,637,000 and an estimated non-Federal cost of

21 $1,420,000.

22 (6) DELAWARE BAY COASTLINE, DELAWARE

23 AND NEW JERSEY: VILLAS AND VICINITY, NEW JER24 SEY.—The project for shore protection and eco25 system restoration, Delaware Bay Coastline, Dela-
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1 ware and New Jersey: Villas and Vicinity, New Jer2 sey, at a total cost of $7,520,000, with an estimated

3 Federal cost of $4,888,000 and an estimated non4 Federal cost of $2,632,000.

5 (7) DELAWARE COAST FROM CAPE HENELOPEN

6 TO FENWICK ISLAND, BETHANY BEACH/SOUTH

7 BETHANY BEACH, DELAWARE.—The project for hur8 ricane and storm damage reduction, Delaware Coast

9 from Cape Henelopen to Fenwick Island, Bethany

10 Beach/South Bethany Beach, Delaware, at a total

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

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

13 of $7,772,000, and at an estimated average annual

14 cost of $1,584,000 for periodic nourishment over the

15 50-year life of the project, with an estimated annual

16 Federal cost of $1,030,000 and an estimated annual

17 non-Federal cost of $554,000.

18 (8) JACKSONVILLE HARBOR, FLORIDA.—

19 (A) IN GENERAL.—The project for naviga20 tion, Jacksonville Harbor, Florida, at a total

21 cost of $26,116,000, with an estimated Federal

22 cost of $9,129,000 and an estimated non-Fed23 eral cost of $16,987,000.

24 (B) SPECIAL RULE.—Notwithstanding sub25 paragraph (A), the Secretary may construct the
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1 project to a depth of 40 feet if the non-Federal

2 interest agrees to pay any additional costs

3 above those for the recommended plan.

4 (9) LITTLE TALBOT ISLAND, DUVAL COUNTY,

5 FLORIDA.—The project for hurricane and storm

6 damage prevention, Little Talbot Island, Duval

7 County, Florida, at a total cost of $5,915,000, with

8 an estimated Federal cost of $3,839,000 and an es9 timated non-Federal cost of $2,076,000.

10 (10) PONCE DE LEON INLET, FLORIDA.—The

11 project for navigation and related purposes, Ponce

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

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

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

15 $2,466,000.

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

18 (A) IN GENERAL.—Subject to subpara19 graph (B), the project for navigation, Savannah

20 Harbor expansion, Georgia, including imple21 mentation of the mitigation plan, with such

22 modifications as the Secretary deems appro23 priate, at a total cost of $230,174,000 (of

24 which amount a portion is authorized for imple25 mentation of the mitigation plan), with an esti-
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1 mated Federal cost of $145,160,000 and an es2 timated non-Federal cost of $85,014,000.

3 (B) CONDITIONS.—The project authorized

4 by subparagraph (A) may be carried out only

5 after—

6 (i) the Secretary, in consultation with

7 affected Federal, State, regional, and local

8 entities, has reviewed and approved an en9 vironmental impact statement for the

10 project that includes—

11 (I) an analysis of the impacts of

12 project depth alternatives ranging

13 from 42 feet through 48 feet; and

14 (II) a selected plan for navigation

15 and an associated mitigation plan as

16 required by section 906(a) of the

17 Water Resources Development Act of

18 1986 (33 U.S.C. 2283); and

19 (ii) the Secretary of the Interior, the

20 Secretary of Commerce, the Administrator

21 of the Environmental Protection Agency,

22 and the Secretary have approved the se23 lected plan and have determined that the

24 mitigation plan adequately addresses the
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1 potential environmental impacts of the

2 project.

3 (C) MITIGATION REQUIREMENTS.—The

4 mitigation plan shall be implemented in advance

5 of or concurrently with construction of the

6 project.

7 (12) DES PLAINES RIVER, ILLINOIS.—The

8 project for flood control, Des Plaines River, Illinois,

9 at a total cost of $44,300,000 with an estimated

10 Federal cost of $28,800,000 and an estimated non11 Federal cost of $15,500,000.

12 (13) NEW JERSEY SHORE PROTECTION, BRIG13 ANTINE INLET TO GREAT EGG HARBOR, BRIGANTINE

14 ISLAND, NEW JERSEY.—The project for hurricane

15 and storm damage reduction, New Jersey shore pro16 tection, Brigantine Inlet to Great Egg Harbor, Brig17 antine Island, New Jersey, at a total cost of

18 $4,970,000, with an estimated Federal cost of

19 $3,230,000 and an estimated non-Federal cost of

20 $1,740,000, and at an estimated average annual

21 cost of $465,000 for periodic nourishment over the

22 50-year life of the project, with an estimated annual

23 Federal cost of $302,000 and an estimated annual

24 non-Federal cost of $163,000.
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1 (14) COLUMBIA RIVER CHANNEL, OREGON AND

2 WASHINGTON.—The project for navigation, Colum3 bia River Channel, Oregon and Washington, at a

4 total cost of $183,623,000 with an estimated Fed5 eral cost $106,132,000 and an estimated non-Fed6 eral cost of $77,491,000.

7 (15) JOHNSON CREEK, ARLINGTON, TEXAS.—

8 The locally preferred project for flood control, John9 son Creek, Arlington, Texas, at a total cost of

10 $20,300,000, with an estimated Federal cost of

11 $12,000,000 and an estimated non-Federal cost of

12 $8,300,000.

13 (16) HOWARD HANSON DAM, WASHINGTON.—

14 The project for water supply and ecosystem restora15 tion, Howard Hanson Dam, Washington, at a total

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

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

18 of $38,700,000.

19 SEC. 102. SMALL FLOOD CONTROL PROJECTS.

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

21 study for each of the following projects and, after comple22 tion of such study, shall carry out the project under sec23 tion 205 of the Flood Control Act of 1948 (33 U.S.C.

24 701s):
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1 (1) LANCASTER, CALIFORNIA.—Project for

2 flood control, Lancaster, California, westside

3 stormwater retention facility.

4 (2) GATEWAY TRIANGLE AREA, FLORIDA.—

5 Project for flood control, Gateway Triangle area,

6 Collier County, Florida.

7 (3) PLANT CITY, FLORIDA.—Project for flood

8 control, Plant City, Florida.

9 (4) STONE ISLAND, LAKE MONROE, FLORIDA.—

10 Project for flood control, Stone Island, Lake Mon11 roe, Florida.

12 (5) OHIO RIVER, ILLINOIS.—Project for flood

13 control, Ohio River, Illinois.

14 (6) REPAUPO CREEK, NEW JERSEY.—Project

15 for flood control, Repaupo Creek, New Jersey.

16 (7) OWASCO LAKE SEAWALL, NEW YORK.—

17 Project for flood control, Owasco Lake seawall, New

18 York.

19 (8) PORT CLINTON, OHIO.—Project for flood

20 control, Port Clinton, Ohio.

21 (9) NORTH CANADIAN RIVER, OKLAHOMA.—

22 Project for flood control, North Canadian River,

23 Oklahoma.
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1 (10) ABINGTON TOWNSHIP, PENNSYLVANIA.—

2 Project for flood control, Baeder and Wanamaker

3 Roads, Abington Township, Pennsylvania.

4 (11) PORT INDIAN, WEST NORRITON TOWNSHIP,

5 MONTGOMERY COUNTY, PENNSYLVANIA.—Project for

6 flood control, Port Indian, West Norriton Township,

7 Montgomery County, Pennsylvania.

8 (12) PORT PROVIDENCE, UPPER PROVIDENCE

9 TOWNSHIP, PENNSYLVANIA.—Project for flood con10 trol, Port Providence, Upper Providence Township,

11 Pennsylvania.

12 (13) SPRINGFIELD TOWNSHIP, MONTGOMERY

13 COUNTY, PENNSYLVANIA.—Project for flood control,

14 Springfield Township, Montgomery County, Pennsyl15 vania.

16 (14) FIRST CREEK, KNOXVILLE, TENNESSEE.—

17 Project for flood control, First Creek, Knoxville,

18 Tennessee.

19 (15) METRO CENTER LEVEE, CUMBERLAND

20 RIVER, NASHVILLE, TENNESSEE.—Project for flood

21 control, Metro Center Levee, Cumberland River,

22 Nashville, Tennessee.

23 (b) FESTUS AND CRYSTAL CITY, MISSOURI.—

24 (1) MAXIMUM FEDERAL EXPENDITURE.—The

25 maximum amount of Federal funds that may be ex-
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1 pended for the project for flood control, Festus and

2 Crystal City, Missouri, shall be $10,000,000.

3 (2) REVISION OF PROJECT COOPERATION

4 AGREEMENT.—The Secretary shall revise the project

5 cooperation agreement for the project referred to in

6 paragraph (1) to take into account the change in the

7 Federal participation in such project pursuant to

8 paragraph (1).

9 (3) COST SHARING.—Nothing in this section

10 shall be construed to affect any cost-sharing require11 ment applicable to the project referred to in para12 graph (1) under the Water Resources Development

13 Act of 1986.

14 SEC. 103. SMALL BANK STABILIZATION PROJECTS.

15 The Secretary shall conduct a study for each of the

16 following projects and, after completion of such study,

17 shall carry out the project under section 14 of the Flood

18 Control Act of 1946 (33 U.S.C. 701r):

19 (1) SAINT JOSEPH RIVER, INDIANA.—Project

20 for streambank erosion control, Saint Joseph River,

21 Indiana.

22 (2) BIG TIMBER CREEK, NEW JERSEY.—Project

23 for streambank erosion control, Big Timber Creek,

24 New Jersey.
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1 (3) LAKE SHORE ROAD, ATHOL SPRINGS, NEW

2 YORK.—Project for streambank erosion control,

3 Lake Shore Road, Athol Springs, New York.

4 (4) MARIST COLLEGE, POUGHKEEPSIE, NEW

5 YORK.—Project for streambank erosion control,

6 Marist College, Poughkeepsie, New York.

7 (5) MONROE COUNTY, OHIO.—Project for

8 streambank erosion control, Monroe County, Ohio.

9 (6) GREEN VALLEY, WEST VIRGINIA.—Project

10 for streambank erosion control, Green Valley, West

11 Virginia.

12 SEC. 104. SMALL NAVIGATION PROJECTS.

13 The Secretary shall conduct a study for each of the

14 following projects and, after completion of such study,

15 shall carry out the project under section 107 of the River

16 and Harbor Act of 1960 (33 U.S.C. 577):

17 (1) GRAND MARAIS, ARKANSAS.—Project for

18 navigation, Grand Marais, Arkansas.

19 (2) FIELDS LANDING CHANNEL, HUMBOLDT

20 HARBOR, CALIFORNIA.—Project for navigation,

21 Fields Landing Channel, Humboldt Harbor, Cali22 fornia.

23 (3) SAN MATEO (PILLAR POINT HARBOR), CALI24 FORNIA.—Project for navigation San Mateo (Pillar

25 Point Harbor), California.
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1 (4) AGANA MARINA, GUAM.—Project for naviga2 tion, Agana Marina, Guam.

3 (5) AGAT MARINA, GUAM.—Project for naviga4 tion, Agat Marina, Guam.

5 (6) APRA HARBOR FUEL PIERS, GUAM.—Project

6 for navigation, Apra Harbor Fuel Piers, Guam.

7 (7) APRA HARBOR PIER F-6, GUAM.—Project

8 for navigation, Apra Harbor Pier F–6, Guam.

9 (8) APRA HARBOR SEAWALL, GUAM.—Project

10 for navigation including a seawall, Apra Harbor,

11 Guam.

12 (9) GUAM HARBOR, GUAM.—Project for naviga13 tion, Guam Harbor, Guam.

14 (10) ILLINOIS RIVER NEAR CHAUTAUQUA PARK,

15 ILLINOIS.—Project for navigation, Illinois River near

16 Chautauqua Park, Illinois.

17 (11) WHITING SHORELINE WATERFRONT,

18 WHITING, INDIANA.—Project for navigation, Whiting

19 Shoreline Waterfront, Whiting, Indiana.

20 (12) NARAGUAGUS RIVER, MACHIAS, MAINE.—

21 Project for navigation, Naraguagus River, Machias,

22 Maine.

23 (13) UNION RIVER, ELLSWORTH, MAINE.—

24 Project for navigation, Union River, Ellsworth,

25 Maine.
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1 (14) FORTESCUE INLET, DELAWARE BAY, NEW

2 JERSEY.—Project for navigation for Fortescue Inlet,

3 Delaware Bay, New Jersey.

4 (15) BUFFALO AND LASALLE PARK, NEW

5 YORK.—Project for navigation, Buffalo and LaSalle

6 Park, New York.

7 (16) STURGEON POINT, NEW YORK.—Project

8 for navigation, Sturgeon Point, New York.

9 SEC. 105. SMALL PROJECTS FOR IMPROVEMENT OF THE

10 ENVIRONMENT.

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

12 study for each of the following projects and, after comple13 tion of such study, shall carry out the project under sec14 tion 1135 of the Water Resources Development Act of

15 1986 (33 U.S.C. 2309a):

16 (1) ILLINOIS RIVER IN THE VICINITY OF HA17 VANA, ILLINOIS.—Project for the improvement of

18 the environment, Illinois River in the vicinity of Ha19 vana, Illinois.

20 (2) KNITTING MILL CREEK, VIRGINIA.—Project

21 for the improvement of the environment, Knitting

22 Mill Creek, Virginia.

23 (b) PINE FLAT DAM, KINGS RIVER, CALIFORNIA.—

24 The Secretary shall carry out under section 1135(a) of

25 the Water Resources Development Act of 1986 (33 U.S.C.
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1 2309a(a)) a project to construct a turbine bypass at Pine

2 Flat Dam, Kings River, California, in accordance with the

3 Project Modification Report and Environmental Assess4 ment dated September 1996.

5 SEC. 106. SMALL AQUATIC ECOSYSTEM RESTORATION

6 PROJECTS.

7 The Secretary shall conduct a study for each of the

8 following projects and, after completion of such study,

9 shall carry out the project under section 206 of the Water

10 Resources Development Act of 1996 (33 U.S.C. 2330):

11 (1) CONTRA COSTA COUNTY, BAY DELTA, CALI12 FORNIA.—Project for aquatic ecosystem restoration,

13 Contra Costa County, Bay Delta, California.

14 (2) INDIAN RIVER, FLORIDA.—Project for

15 aquatic ecosystem restoration and lagoon restora16 tion, Indian River, Florida.

17 (3) LITTLE WEKIVA RIVER, FLORIDA.—Project

18 for aquatic ecosystem restoration and erosion con19 trol, Little Wekiva River, Florida.

20 (4) COOK COUNTY, ILLINOIS.—Project for

21 aquatic ecosystem restoration and lagoon restoration

22 and protection, Cook County, Illinois.

23 (5) GRAND BATTURE ISLAND, MISSISSIPPI.—

24 Project for aquatic ecosystem restoration, Grand

25 Batture Island, Mississippi.
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1 (6) HANCOCK, HARRISON, AND JACKSON COUN2 TIES, MISSISSIPPI.—Project for aquatic ecosystem

3 restoration and reef restoration along the Gulf

4 Coast, Hancock, Harrison, and Jackson Counties,

5 Mississippi.

6 (7) MISSISSIPPI RIVER AND RIVER DES PERES,

7 ST. LOUIS, MISSOURI.—Project for aquatic ecosystem

8 restoration and recreation, Mississippi River and

9 River Des Peres, St. Louis, Missouri.

10 (8) HUDSON RIVER, NEW YORK.—Project for

11 aquatic ecosystem restoration, Hudson River, New

12 York.

13 (9) ONEIDA LAKE, NEW YORK.—Project for

14 aquatic ecosystem restoration, Oneida Lake, Oneida

15 County, New York.

16 (10) OTSEGO LAKE, NEW YORK.—Project for

17 aquatic ecosystem restoration, Otsego Lake, Otsego

18 County, New York.

19 (11) NORTH FORK OF YELLOW CREEK, OHIO.—

20 Project for aquatic ecosystem restoration, North

21 Fork of Yellow Creek, Ohio.

22 (12) WHEELING CREEK WATERSHED, OHIO.—

23 Project for aquatic ecosystem restoration, Wheeling

24 Creek watershed, Ohio.
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1 (13) SPRINGFIELD MILLRACE, OREGON.—

2 Project for aquatic ecosystem restoration, Spring3 field Millrace, Oregon.

4 (14) UPPER AMAZON CREEK, OREGON.—Project

5 for aquatic ecosystem restoration, Upper Amazon

6 Creek, Oregon.

7 (15) LAKE ONTELAUNEE RESERVOIR, BERKS

8 COUNTY, PENNSYLVANIA.—Project for aquatic eco9 system restoration and distilling pond facilities,

10 Lake Ontelaunee Reservoir, Berks County, Pennsyl11 vania.

12 (16) BLACKSTONE RIVER BASIN, RHODE IS13 LAND AND MASSACHUSETTS.—Project for aquatic

14 ecosystem restoration and fish passage facilities,

15 Blackstone River Basin, Rhode Island and Massa16 chusetts.

17 TITLE II—GENERAL PROVISIONS

18 SEC. 201. SMALL FLOOD CONTROL AUTHORITY.

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

20 U.S.C. 701s) is amended—

21 (1) by striking ‘‘construction of small projects’’

22 and inserting ‘‘implementation of small structural

23 and nonstructural projects’’; and

24 (2) by striking ‘‘$5,000,000’’ and inserting

25 ‘‘$7,000,000’’.
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1 SEC. 202. USE OF NON-FEDERAL FUNDS FOR COMPILING

2 AND DISSEMINATING INFORMATION ON

3 FLOODS AND FLOOD DAMAGES.

4 The last sentence of section 206(b) of the Flood Con5 trol Act of 1960 (33 U.S.C. 709a(b)) is amended by in6 serting before the period the following: ‘‘; except that this

7 limitation on fees shall not apply to funds voluntarily con8 tributed by such entities for the purpose of expanding the

9 scope of the services requested by such entities’’.

10 SEC. 203. CONTRIBUTIONS BY STATES AND POLITICAL SUB11 DIVISIONS.

12 Section 5 of the Flood Control Act of June 22, 1936

13 (33 U.S.C. 701h), is amended by inserting ‘‘or environ14 mental restoration’’ after ‘‘flood control’’.

15 SEC. 204. SEDIMENT DECONTAMINATION TECHNOLOGY.

16 Section 405 of the Water Resources Development Act

17 of 1992 (33 U.S.C. 2239 note; 106 Stat. 4863) is

18 amended—

19 (1) by adding at the end of subsection (a) the

20 following:

21 ‘‘(4) PRACTICAL END-USE PRODUCTS.—Tech22 nologies selected for demonstration at the pilot scale

23 shall be intended to result in practical end-use prod24 ucts.

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

26 Secretary shall assist the project to ensure expedi-
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1 tious completion by providing sufficient quantities of

2 contaminated dredged material to conduct the full3 scale demonstrations to stated capacity.’’;

4 (2) in subsection (c) by striking the first sen5 tence and inserting the following: ‘‘There is author6 ized to be appropriated to carry out this section

7 $22,000,000 to complete technology testing, tech8 nology commercialization, and the development of

9 full scale processing facilities within the New York/

10 New Jersey Harbor.’’; and

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

12 ‘‘(e) SUPPORT.—In carrying out the program under

13 this section, the Secretary is encouraged to utilize con14 tracts, cooperative agreements, and grants with colleges

15 and universities and other non-Federal entities.’’.

16 SEC. 205. CONTROL OF AQUATIC PLANTS.

17 Section 104 of the River and Harbor Act of 1958

18 (33 U.S.C. 610) is amended—

19 (1) in subsection (a) by inserting ‘‘arundo,’’

20 after ‘‘milfoil,’’;

21 (2) in subsection (b) by striking ‘‘$12,000,000’’

22 and inserting ‘‘$15,000,000.’’; and

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

24 ‘‘(c) SUPPORT.—In carrying out this program, the

25 Secretary is encouraged to utilize contracts, cooperative
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1 agreements, and grants with colleges and universities and

2 other non-Federal entities.’’.

3 SEC. 206. USE OF CONTINUING CONTRACTS REQUIRED FOR

4 CONSTRUCTION OF CERTAIN PROJECTS.

5 (a) IN GENERAL.—Notwithstanding any other provi6 sion of law, the Secretary shall not implement a fully allo7 cated funding policy with respect to a water resources

8 project if initiation of construction has occurred but suffi9 cient funds are not available to complete the project. The

10 Secretary shall enter into continuing contracts for such

11 project.

12 (b) INITIATION OF CONSTRUCTION CLARIFIED.—For

13 the purposes of this section, initiation of construction for

14 a project occurs on the date of enactment of an Act that

15 appropriates funds for the project from 1 of the following

16 appropriation accounts:

17 (1) Construction, General.

18 (2) Operation and Maintenance, General.

19 (3) Flood Control, Mississippi River and Tribu20 taries.

21 SEC. 207. SUPPORT OF ARMY CIVIL WORKS PROGRAM.

22 The requirements of section 2361 of title 10, United

23 States Code, shall not apply to any contract, cooperative

24 research and development agreement, cooperative agree25 ment, or grant entered into under section 229 of the
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1 Water Resources Development Act of 1996 (110 Stat.

2 3703) between the Secretary and Marshall University or

3 entered into under section 350 of this Act between the

4 Secretary and Juniata College.

5 SEC. 208. WATER RESOURCES DEVELOPMENT STUDIES FOR

6 THE PACIFIC REGION.

7 Section 444 of the Water Resources Development Act

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

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

10 development, including navigation, flood damage reduc11 tion, and environmental restoration’’.

12 SEC. 209. EVERGLADES AND SOUTH FLORIDA ECOSYSTEM

13 RESTORATION.

14 (a) PROGRAM EXTENSION.—Section 528(b)(3) of the

15 Water Resources Development Act of 1996 (110 Stat.

16 3769) is amended—

17 (1) in subparagraph (B) by striking ‘‘1999’’

18 and inserting ‘‘2000’’; and

19 (2) in subparagraph (C)(i) by striking ‘‘1999’’

20 and inserting ‘‘2003’’.

21 (b) CREDIT.—Section 528(b)(3) of such Act is

22 amended by adding at the end the following:

23 ‘‘(D) CREDIT OF PAST AND FUTURE AC24 TIVITIES.—The Secretary may provide a credit

25 to the non-Federal interests toward the non-
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1 Federal share of a project implemented under

2 subparagraph (A). The credit shall be for rea3 sonable costs of work performed by the non4 Federal interests if the Secretary determines

5 that the work substantially expedited comple6 tion of the project and is compatible with and

7 an integral part of the project, and the credit

8 is provided pursuant to a specific project co9 operation agreement.’’.

10 (c) CALOOSAHATCHEE RIVER BASIN, FLORIDA.—

11 Section 528(e)(4) of such Act is amended by inserting be12 fore the period at the end of the first sentence the fol13 lowing: ‘‘if the Secretary determines that such land acqui14 sition is compatible with and an integral component of the

15 Everglades and South Florida ecosystem restoration, in16 cluding potential land acquisition in the Caloosahatchee

17 River basin or other areas’’.

18 SEC. 210. BENEFICIAL USES OF DREDGED MATERIAL.

19 Section 204 of the Water Resources Development Act

20 of 1992 (106 Stat. 4826–4827) is amended—

21 (1) in subsection (c) by striking ‘‘cooperative

22 agreement in accordance with the requirements of

23 section 221 of the Flood Control Act of 1970’’ and

24 inserting ‘‘binding agreement with the Secretary’’;

25 and
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1 (2) by adding at the end the following:

2 ‘‘(g) NON-FEDERAL INTERESTS.—Notwithstanding

3 section 221(b) of the Flood Control Act of 1968 (42

4 U.S.C. 1962d–5b(b)), the Secretary, after coordination

5 with the appropriate State and local government officials

6 having jurisdiction over an area in which a project under

7 this section will be carried out, may allow a nonprofit enti8 ty to serve as the non-Federal interest for the project.’’.

9 SEC. 211. HARBOR COST SHARING.

10 (a) IN GENERAL.—Sections 101 and 214 of the

11 Water Resources Development Act of 1986 (33 U.S.C.

12 2211 and 2241; P.L. 99–662) are amended by striking

13 ‘‘45 feet’’ each place it appears and inserting ‘‘53 feet’’.

14 (b) APPLICABILITY.—The amendments made by sub15 section (a) shall only apply to a project, or separable ele16 ment thereof, on which a contract for physical construc17 tion has not been awarded before the date of enactment

18 of this Act.

19 SEC. 212. AQUATIC ECOSYSTEM RESTORATION.

20 Section 206 of the Water Resources Development Act

21 of 1996 (110 Stat. 3679–3680) is amended—

22 (1) by adding at the end of subsection (b) the

23 following: ‘‘Before October 1, 2003, the Federal

24 share may be provided in the form of grants or re25 imbursements of project costs.’’; and
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1 (2) by adding at the end of subsection (c) the

2 following: ‘‘Notwithstanding section 221(b) of the

3 Flood Control Act of 1970 (42 U.S.C. 1962d–

4 5b(b)), the Secretary, after coordination with the ap5 propriate State and local government officials having

6 jurisdiction over an area in which a project under

7 this section will be carried out, may allow a non8 profit entity to serve as the non-Federal interest for

9 the project.’’.

10 SEC. 213. WATERSHED MANAGEMENT, RESTORATION, AND

11 DEVELOPMENT.

12 (a) NONPROFIT ENTITY AS NON-FEDERAL INTER13 EST.—Section 503(a) of the Water Resources Develop14 ment Act of 1996 (110 Stat. 3756) is amended by adding

15 at the end the following: ‘‘Notwithstanding section 221(b)

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

17 5b(b)), the Secretary, after coordination with the appro18 priate State and local government officials having jurisdic19 tion over an area in which a project under this section

20 will be carried out, may allow a nonprofit entity to serve

21 as the non-Federal interest for the project.’’.

22 (b) PROJECT LOCATIONS.—Section 503(d) of such

23 Act is amended—

24 (1) in paragraph (7) by inserting before the pe25 riod at the end ‘‘, including Clear Lake’’; and
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1 (2) by adding at the end the following:

2 ‘‘(14) Fresno Slough watershed, California.

3 ‘‘(15) Hayward Marsh, Southern San Francisco

4 Bay watershed, California.

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

6 ‘‘(17) Malibu Creek watershed, California.

7 ‘‘(18) Illinois River watershed, Illinois.

8 ‘‘(19) Catawba River watershed, North Caro9 lina.

10 ‘‘(20) Cabin Creek basin, West Virginia.

11 ‘‘(21) Lower St. Johns River basin, Florida.’’.

12 SEC. 214. FLOOD MITIGATION AND RIVERINE RESTORA13 TION PILOT PROGRAM.

14 (a) IN GENERAL.—The Secretary may undertake a

15 program for the purpose of conducting projects that re16 duce flood hazards and restore the natural functions and

17 values of rivers throughout the United States.

18 (b) STUDIES AND PROJECTS.—

19 (1) AUTHORITY.—In carrying out the program,

20 the Secretary may conduct studies to identify appro21 priate flood damage reduction, conservation, and

22 restoration measures and may design and implement

23 projects described in subsection (a).

24 (2) CONSULTATION AND COORDINATION.—The

25 studies and projects carried out under this section
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1 shall be conducted, to the maximum extent prac2 ticable, in consultation and coordination with the

3 Federal Emergency Management Agency and other

4 appropriate Federal agencies, and in consultation

5 and coordination with appropriate State, tribal, and

6 local agencies.

7 (3) NONSTRUCTURAL APPROACHES.—The stud8 ies and projects shall emphasize, to the maximum

9 extent practicable and appropriate, nonstructural ap10 proaches to preventing or reducing flood damages.

11 (4) USE OF STATE, TRIBAL, AND LOCAL STUD12 IES AND PROJECTS.—The studies and projects shall

13 include consideration of and coordination with any

14 State, tribal, and local flood damage reduction or

15 riverine and wetland restoration studies and projects

16 that conserve, restore, and manage hydrologic and

17 hydraulic regimes and restore the natural functions

18 and values of floodplains.

19 (c) COST-SHARING REQUIREMENTS.—

20 (1) STUDIES.—Studies conducted under this

21 section shall be subject to cost sharing in accordance

22 with section 105 of the Water Resources Develop23 ment Act of 1986 (33 U.S.C. 2215).

24 (2) ENVIRONMENTAL RESTORATION AND NON25 STRUCTURAL FLOOD CONTROL PROJECTS.—The
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1 non-Federal interests shall pay 35 percent of the

2 cost of any environmental restoration or non3 structural flood control project carried out under

4 this section. The non-Federal interests shall provide

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

6 disposal areas, and relocations necessary for such

7 projects. The value of such land, easements, rights8 of-way, dredged material disposal areas, and reloca9 tions shall be credited toward the payment required

10 under this paragraph.

11 (3) STRUCTURAL FLOOD CONTROL

12 PROJECTS.—Any structural flood control measures

13 carried out under this section shall be subject to cost

14 sharing in accordance with section 103(a) of the

15 Water Resources Development Act of 1986 (33

16 U.S.C. 2213(a)).

17 (4) OPERATION AND MAINTENANCE.—The non18 Federal interests shall be responsible for all costs as19 sociated with operating, maintaining, replacing, re20 pairing, and rehabilitating all projects carried out

21 under this section.

22 (d) PROJECT JUSTIFICATION.—

23 (1) IN GENERAL.—Notwithstanding any other

24 provision of law or requirement for economic jus25 tification established pursuant to section 209 of the
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1 Flood Control Act of 1970 (42 U.S.C. 1962–2), the

2 Secretary may implement a project under this sec3 tion if the Secretary determines that the project—

4 (A) will significantly reduce potential flood

5 damages;

6 (B) will improve the quality of the environ7 ment; and

8 (C) is justified considering all costs and

9 beneficial outputs of the project.

10 (2) ESTABLISHMENT OF SELECTION AND RAT11 ING CRITERIA AND POLICIES.—Not later than 180

12 days after the date of enactment of this section, the

13 Secretary, in cooperation with State, tribal, and local

14 agencies, shall develop, and transmit to the Com15 mittee on Transportation and Infrastructure of the

16 House of Representatives and the Committee on En17 vironment and Public Works of the Senate, criteria

18 for selecting and rating projects to be carried out

19 under this section and shall establish policies and

20 procedures for carrying out the studies and projects

21 undertaken under this section. Such criteria shall in22 clude, as a priority, the extent to which the appro23 priate State government supports the project.

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

25 the Secretary shall examine the potential for flood damage
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1 reductions at appropriate locations, including the fol2 lowing:

3 (1) Upper Delaware River, New York.

4 (2) Willamette River floodplain, Oregon.

5 (3) Pima County, Arizona, at Paseo De Las

6 Iglesias and Rillito River.

7 (4) Los Angeles and San Gabriel Rivers, Cali8 fornia.

9 (5) Murrieta Creek, California.

10 (6) Napa County, California, at Yountville, St.

11 Helena, Calistoga, and American Canyon.

12 (7) Santa Clara basin, California, at Upper

13 Guadalupe River and tributaries, San Francisquito

14 Creek, and Upper Penitencia Creek.

15 (8) Pine Mount Creek, New Jersey.

16 (9) Chagrin River, Ohio.

17 (10) Blair County, Pennsylvania, at Altoona

18 and Frankstown Township.

19 (11) Lincoln Creek, Wisconsin.

20 (f) PROGRAM REVIEW.—

21 (1) IN GENERAL.—The program established

22 under this section shall be subject to an independent

23 review to evaluate the efficacy of the program in

24 achieving the dual goals of flood hazard mitigation

25 and riverine restoration.
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1 (2) REPORT.—Not later than April 15, 2003,

2 the Secretary shall transmit to the Committee on

3 Transportation and Infrastructure of the House of

4 Representatives and the Committee on Environment

5 and Public Works of the Senate a report on the

6 findings of the review conducted under this sub7 section with any recommendations concerning con8 tinuation of the program.

9 (g) COST LIMITATIONS.—

10 (1) MAXIMUM FEDERAL COST PER PROJECT.—

11 No more than $30,000,000 may be expended by the

12 United States on any single project under this sec13 tion.

14 (2) COMMITTEE RESOLUTION PROCEDURE.—

15 (A) LIMITATION ON APPROPRIATIONS.—No

16 appropriation shall be made to construct any

17 project under this section the total Federal cost

18 of construction of which exceeds $15,000,000 if

19 the project has not been approved by resolu20 tions adopted by the Committee on Transpor21 tation and Infrastructure of the House of Rep22 resentatives and the Committee on Environ23 ment and Public Works of the Senate.

24 (B) REPORT.—For the purpose of securing

25 consideration of approval under this paragraph,
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1 the Secretary shall transmit a report on the

2 proposed project, including all relevant data

3 and information on all costs.

4 (h) AUTHORIZATION OF APPROPRIATIONS.—There is

5 authorized to be appropriated to carry out this section—

6 (1) $25,000,000 for fiscal year 2000;

7 (2) $25,000,000 for fiscal year 2001 if

8 $12,500,000 or more is appropriated to carry out

9 subsection (e) for fiscal year 2000;

10 (3) $25,000,000 for fiscal year 2002 if

11 $12,500,000 or more is appropriated to carry out

12 subsection (e) for fiscal year 2001; and

13 (4) $25,000,000 for fiscal year 2003 if

14 $12,500,000 or more is appropriated to carry out

15 subsection (e) for fiscal year 2002.

16 SEC. 215. SHORELINE MANAGEMENT PROGRAM.

17 (a) REVIEW.—The Secretary shall review the imple18 mentation of the Corps of Engineers’ shoreline manage19 ment program, with particular attention to inconsistencies

20 in implementation among the divisions and districts of the

21 Corps of Engineers and complaints by or potential inequi22 ties regarding property owners in the Savannah District

23 including an accounting of the number and disposition of

24 complaints over the last 5 years in the District.
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1 (b) REPORT.—As expeditiously as practicable after

2 the date of enactment of this Act, the Secretary shall

3 transmit to the Committee on Transportation and Infra4 structure of the House of Representatives and the Com5 mittee on Environment and Public Works of the Senate

6 a report describing the results of the review conducted

7 under subsection (a).

8 SEC. 216. ASSISTANCE FOR REMEDIATION, RESTORATION,

9 AND REUSE.

10 (a) IN GENERAL.—The Secretary may provide to

11 State and local governments assessment, planning, and

12 design assistance for remediation, environmental restora13 tion, or reuse of areas located within the boundaries of

14 such State or local governments where such remediation,

15 environmental restoration, or reuse will contribute to the

16 conservation of water and related resources of drainage

17 basins and watersheds within the United States.

18 (b) BENEFICIAL USE OF DREDGED MATERIAL.—In

19 providing assistance under subsection (a), the Secretary

20 shall encourage the beneficial use of dredged material,

21 consistent with the findings of the Secretary under section

22 204 of the Water Resources Development Act of 1992 (33

23 U.S.C. 2326).
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1 (c) NON-FEDERAL SHARE.—The non-Federal share

2 of the cost of assistance provided under subsection (a)

3 shall be 50 percent.

4 (d) AUTHORIZATION OF APPROPRIATIONS.—There is

5 authorized to be appropriated to carry out this section

6 $3,000,000 for each of fiscal years 2000 through 2004.

7 SEC. 217. SHORE DAMAGE MITIGATION.

8 (a) IN GENERAL.—Section 111 of the River and Har9 bor Act of 1968 (33 U.S.C. 426i; 100 Stat. 4199) is

10 amended by inserting after ‘‘navigation works’’ the fol11 lowing: ‘‘and shore damages attributable to the Atlantic

12 Intracoastal Waterway and the Gulf Intracoastal Water13 way’’.

14 (b) PALM BEACH COUNTY, FLORIDA.—The project

15 for navigation, Palm Beach County, Florida, authorized

16 by section 2 of the River and Harbor Act of March 2,

17 1945 (59 Stat. 11), is modified to authorize the Secretary

18 to undertake beach nourishment as a dredged material

19 disposal option under the project.

20 (c) GALVESTON COUNTY, TEXAS.—The Secretary

21 may place dredged material from the Gulf Intracoastal

22 Waterway on the beaches along Rollover Pass, Galveston

23 County, Texas, to stabilize beach erosion.
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1 SEC. 218. SHORE PROTECTION.

2 (a) NON-FEDERAL SHARE OF PERIODIC NOURISH3 MENT.—Section 103(d) of the Water Resources Develop4 ment Act of 1986 (100 Stat. 4085–5086) is amended—

5 (1) by inserting ‘‘(1) CONSTRUCTION.—’’ before

6 ‘‘Costs of constructing’’;

7 (2) by inserting at the end the following:

8 ‘‘(2) PERIODIC NOURISHMENT.—

9 ‘‘(A) IN GENERAL.—Subject to subpara10 graph (B), the non-Federal share of costs of

11 periodic nourishment measures for shore protec12 tion or beach erosion control that are carried

13 out—

14 ‘‘(i) after January 1, 2001, shall be

15 40 percent;

16 ‘‘(ii) after January 1, 2002, shall be

17 45 percent; and

18 ‘‘(iii) after January 1, 2003, shall be

19 50 percent;

20 ‘‘(B) BENEFITS TO PRIVATELY OWNED

21 SHORES.—All costs assigned to benefits of peri22 odic nourishment measures to privately owned

23 shores (where use of such shores is limited to

24 private interests) or to prevention of losses of

25 private lands shall be borne by the non-Federal

26 interest and all costs assigned to the protection
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1 of federally owned shores for such measures

2 shall be borne by the United States.’’; and

3 (3) by indenting paragraph (1) (as designated

4 by subparagraph (A) of this paragraph) and aligning

5 such paragraph with paragraph (2) (as added by

6 subparagraph (B) of this paragraph).

7 (b) UTILIZATION OF SAND FROM OUTER CONTI8 NENTAL SHELF.—Section 8(k)(2)(B) of the Outer Conti9 nental Shelf Lands Act (43 U.S.C. 1337(k)(2)(B)) is

10 amended by striking ‘‘an agency of the Federal Govern11 ment’’ and inserting ‘‘a Federal, State, or local govern12 ment agency’’.

13 (c) REPORT ON NATION’S SHORELINES.—

14 (1) IN GENERAL.—Not later than 3 years after

15 the date of enactment of this Act, the Secretary

16 shall report to Congress on the state of the Nation’s

17 shorelines.

18 (2) CONTENTS.—The report shall include—

19 (A) a description of the extent of, and eco20 nomic and environmental effects caused by, ero21 sion and accretion along the Nation’s shores

22 and the causes thereof;

23 (B) a description of resources committed

24 by local, State, and Federal governments to re25 store and renourish shorelines;
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1 (C) a description of the systematic move2 ment of sand along the Nation’s shores; and

3 (D) recommendations regarding (i) appro4 priate levels of Federal and non-Federal partici5 pation in shoreline protection, and (ii) utiliza6 tion of a systems approach to sand manage7 ment.

8 (3) UTILIZATION OF SPECIFIC LOCATION

9 DATA.—In developing the report, the Secretary shall

10 utilize data from specific locations on the Atlantic,

11 Pacific, Great Lakes, and Gulf of Mexico coasts.

12 (d) NATIONAL COASTAL DATA BANK.—

13 (1) ESTABLISHMENT OF DATA BANK.—Not

14 later than 2 years after the date of enactment of

15 this Act, the Secretary shall establish a national

16 coastal data bank containing data on the geophysical

17 and climatological characteristics of the Nation’s

18 shorelines.

19 (2) CONTENT.—To the extent practical, the na20 tional coastal data bank shall include data regarding

21 current and predicted shoreline positions, informa22 tion on federally-authorized shore protection

23 projects, and data on the movement of sand along

24 the Nation’s shores, including impediments to such

25 movement caused by natural and manmade features.
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1 (3) ACCESS.—The national coastal data bank

2 shall be made readily accessible to the public.

3 SEC. 219. FLOOD PREVENTION COORDINATION.

4 Section 206 of the Flood Control Act of 1960 (33

5 U.S.C. 709a) is amended—

6 (1) by redesignating subsections (b) and (c) as

7 subsections (c) and (d), respectively; and

8 (2) by inserting after subsection (a) the fol9 lowing:

10 ‘‘(b) FLOOD PREVENTION COORDINATION.—The

11 Secretary shall coordinate with the Director of the Federal

12 Emergency Management Agency and the heads of other

13 Federal agencies to ensure that flood control projects and

14 plans are complementary and integrated to the extent

15 practicable and appropriate.’’.

16 SEC. 220. ANNUAL PASSES FOR RECREATION.

17 Section 208(c)(4) of the Water Resources Develop18 ment Act of 1996 (16 U.S.C. 460d note; 110 Stat. 3680)

19 is amended by striking ‘‘1999, or the date of transmittal

20 of the report under paragraph (3)’’ and inserting ‘‘2003’’.

21 SEC. 221. COOPERATIVE AGREEMENTS FOR ENVIRON22 MENTAL AND RECREATIONAL MEASURES.

23 (a) IN GENERAL.—The Secretary is authorized to

24 enter into cooperative agreements with non-Federal public

25 bodies and non-profit entities for the purpose of facili-
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1 tating collaborative efforts involving environmental protec2 tion and restoration, natural resources conservation, and

3 recreation in connection with the development, operation,

4 and management of water resources projects under the ju5 risdiction of the Department of the Army.

6 (b) REPORT.—Not later than 18 months after the

7 date of enactment of this Act, the Secretary shall transmit

8 to the Committee on Transportation and Infrastructure

9 of the House of Representatives and the Committee on

10 Environment and Public Works of the Senate a report

11 that includes—

12 (1) a listing and general description of the co13 operative agreements entered into by the Secretary

14 with non-Federal public bodies and entities under

15 subsection (a);

16 (2) a determination of whether such agreements

17 are facilitating collaborative efforts; and

18 (3) a recommendation on whether such agree19 ments should be further encouraged.

20 SEC. 222. NONSTRUCTURAL FLOOD CONTROL PROJECTS.

21 (a) ANALYSIS OF BENEFITS.—Section 308 of the

22 Water Resources Development Act of 1990 (33 U.S.C.

23 2318; 104 Stat. 4638) is amended—
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1 (1) in the heading to subsection (a) by inserting

2 ‘‘ELEMENTS EXCLUDED FROM’’ before ‘‘BENEFIT3 COST’’;

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

5 as subsections (c) through (f), respectively; and

6 (3) by inserting after subsection (a) the fol7 lowing:

8 ‘‘(b) FLOOD DAMAGE REDUCTION BENEFITS.—In

9 calculating the benefits of a proposed project for non10 structural flood damage reduction, the Secretary shall cal11 culate benefits of nonstructural projects using methods

12 similar to structural projects, including similar treatment

13 in calculating the benefits from losses avoided from both

14 structural and nonstructural alternatives. In carrying out

15 this subsection, the Secretary should avoid double count16 ing of benefits.’’.

17 (b) REEVALUATION OF FLOOD CONTROL

18 PROJECTS.—At the request of a non-Federal interest for

19 a flood control project, the Secretary shall conduct a re20 evaluation of a previously authorized project to consider

21 nonstructural alternatives in light of the amendments

22 made by subsection (a).

23 (c) COST SHARING.—Section 103(b) of the Water

24 Resources Development Act of 1986 (33 U.S.C. 2213(b))

25 is amended by adding at the end the following: ‘‘At any
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1 time during construction of the project, where the Sec2 retary determines that the costs of lands, easements,

3 rights-of-way, dredged material disposal areas, and reloca4 tions in combination with other costs contributed by the

5 non-Federal interests will exceed 35 percent, any addi6 tional costs for the project, but not to exceed 65 percent

7 of the total costs of the project, shall be a Federal respon8 sibility and shall be contributed during construction as

9 part of the Federal share.’’.

10 SEC. 223. LAKES PROGRAM.

11 Section 602(a) of the Water Resources Development

12 Act of 1986 (110 Stat. 3758) is amended—

13 (1) by striking ‘‘and’’ at the end of paragraph

14 (15);

15 (2) by striking the period at the end of para16 graph (16) and inserting a semicolon; and

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

18 ‘‘(17) Clear Lake, Lake County, California, re19 moval of silt and aquatic growth and measures to

20 address excessive sedimentation and high nutrient

21 concentration; and

22 ‘‘(18) Osgood Pond, Milford, Hillsborough

23 County, New Hampshire, removal of silt and aquatic

24 growth and measures to address excessive sedi25 mentation.
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1 ‘‘(19) Flints Pond, Hollis, Hillsborough County,

2 New Hampshire, removal of silt and aquatic growth

3 and measures to address excessive sedimentation.’’.

4 SEC. 224. CONSTRUCTION OF FLOOD CONTROL PROJECTS

5 BY NON-FEDERAL INTERESTS.

6 (a) CONSTRUCTION BY NON-FEDERAL INTERESTS.—

7 Section 211(d)(1) of the Water Resources Development

8 Act of 1996 (33 U.S.C. 701b-13(d)(1)) is amended—

9 (1) by striking ‘‘(b) or’’;

10 (2) by striking ‘‘Any non-Federal’’ and insert11 ing the following:

12 ‘‘(A) STUDIES AND DESIGN ACTIVITIES

13 UNDER SUBSECTION (B).—A non-Federal inter14 est may only carry out construction for which

15 studies and design documents are prepared

16 under subsection (b) if the Secretary approves

17 such construction. The Secretary shall approve

18 such construction unless the Secretary deter19 mines, in writing, that the design documents do

20 not meet standard practices for design meth21 odologies or that the project is not economically

22 justified or environmentally acceptable or does

23 not meet the requirements for obtaining the ap24 propriate permits required under the Sec25 retary’s authority. The Secretary shall not un-
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1 reasonably withhold approval. Nothing in this

2 subparagraph may be construed to affect any

3 regulatory authority of the Secretary.

4 ‘‘(B) STUDIES AND DESIGN ACTIVITIES

5 UNDER SUBSECTION (C).—Any non-Federal’’;

6 and

7 (3) by aligning the remainder of subparagraph

8 (B) (as designated by paragraph (2) of this sub9 section) with subparagraph (A) (as inserted by para10 graph (2) of this subsection).

11 (b) CONFORMING AMENDMENT.—Section 211(d)(2)

12 of such Act is amended by inserting ‘‘(other than para13 graph (1)(A))’’ after ‘‘this subsection’’.

14 (c) REIMBURSEMENT.—

15 (1) IN GENERAL.—Section 211(e)(1) of such

16 Act is amended—

17 (A) in the matter preceding subparagraph

18 (1) by inserting after ‘‘constructed pursuant to

19 this section’’ the following: ‘‘and provide credit

20 for the non-Federal share of the project’’;

21 (B) by striking ‘‘and’’ at the end of sub22 paragraph (A);

23 (C) by striking the period at the end of

24 subparagraph (B) and inserting ‘‘; and’’; and

25 (D) by adding at the end the following:
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1 ‘‘(C) if the construction work is reasonably

2 equivalent to Federal construction work.’’.

3 (2) SPECIAL RULES.—Section 211(e)(2)(A) of

4 such Act is amended—

5 (A) by striking ‘‘subject to amounts being

6 made available in advance in appropriations

7 Acts’’ and inserting ‘‘subject to appropria8 tions’’; and

9 (B) by inserting after ‘‘the cost of such

10 work’’ the following: ‘‘, or provide credit (de11 pending on the request of the non-Federal in12 terest) for the non-Federal share of such

13 work,’’.

14 (3) SCHEDULE AND MANNER OF REIMBURSE15 MENTS.—Section 211(e) of such Act (33 U.S.C.

16 701b-13(e)) is amended by adding at the end the

17 following:

18 ‘‘(6) SCHEDULE AND MANNER OF REIMBURSE19 MENT.—

20 ‘‘(A) BUDGETING.—The Secretary shall

21 budget and request appropriations for reim22 bursements under this section on a schedule

23 that is consistent with a Federal construction

24 schedule.
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1 ‘‘(B) COMMENCEMENT OF REIMBURSE2 MENTS.—Reimbursements under this section

3 may commence upon approval of a project by

4 the Secretary.

5 ‘‘(C) CREDIT.—At the request of a non6 Federal interest, the Secretary may reimburse

7 the non-Federal interest by providing credit to8 ward future non-Federal costs of the project.

9 ‘‘(D) SCHEDULING.—Nothing in this para10 graph shall affect the President’s discretion to

11 schedule new construction starts.’’.

12 SEC. 225. ENHANCEMENT OF FISH AND WILDLIFE RE13 SOURCES.

14 Section 906(e) of the Water Resources Development

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

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

17 80 percent of the non-Federal share of such first costs

18 may be satisfied through in-kind contributions, including

19 facilities, supplies, and services that are necessary to carry

20 out the enhancement project.’’.

21 SEC. 226. SENSE OF CONGRESS; REQUIREMENT REGARD22 ING NOTICE.

23 (a) PURCHASE OF AMERICAN-MADE EQUIPMENT

24 AND PRODUCTS.—It is the sense of Congress that, to the

25 greatest extent practicable, all equipment and products
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1 purchased with funds made available under this Act

2 should be American made.

3 (b) NOTICE TO RECIPIENTS OF ASSISTANCE.—In

4 providing financial assistance under this Act, the Sec5 retary, to the greatest extent practicable, shall provide to

6 each recipient of the assistance a notice describing the

7 statement made in subsection (a).

8 SEC. 227. PERIODIC BEACH NOURISHMENT.

9 (a) IN GENERAL.—Section 506(a) of the Water Re10 sources Development Act of 1996 (110 Stat. 3757) is

11 amended by adding at the end the following:

12 ‘‘(5) LEE COUNTY, FLORIDA.—Project for

13 shoreline protection, Lee County, Captiva Island

14 segment, Florida.’’.

15 (b) PROJECTS.—Section 506(b)(3) of such Act (110

16 Stat. 3758) is amended by striking subparagraph (A) and

17 redesignating subparagraphs (B) through (D) as subpara18 graphs (A) through (C), respectively.

19 SEC. 228. ENVIRONMENTAL DREDGING.

20 Section 312 of the Water Resources Development Act

21 of 1990 (104 Stat. 4639–4640) is amended—

22 (1) in subsection (b)(1) by striking ‘‘50’’ and

23 inserting ‘‘35’’; and
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1 (2) in subsection (d) by striking ‘‘non-Federal

2 responsibility’’ and inserting ‘‘shared as a cost of

3 construction’’.

4 TITLE III—PROJECT-RELATED

5 PROVISIONS

6 SEC. 301. MISSOURI RIVER LEVEE SYSTEM.

7 The project for flood control, Missouri River Levee

8 System, authorized by section 10 of the Act entitled ‘‘An

9 Act authorizing the construction of certain public works

10 on rivers and harbors for flood control, and other pur11 poses’’, approved December 22, 1944 (58 Stat. 897), is

12 modified to provide that project costs totaling $2,616,000

13 expended on Units L–15, L–246, and L–385 out of the

14 Construction, General account of the Corps of Engineers

15 before the date of enactment of the Water Resources De16 velopment Act of 1986 (33 U.S.C. 2201 note) shall not

17 be treated as part of total project costs.

18 SEC. 302. OUZINKIE HARBOR, ALASKA.

19 (a) MAXIMUM FEDERAL EXPENDITURE.—The max20 imum amount of Federal funds that may be expended for

21 the project for navigation, Ouzinkie Harbor, Alaska, shall

22 be $8,500,000.

23 (b) REVISION OF PROJECT COOPERATION AGREE24 MENT.—The Secretary shall revise the project cooperation

25 agreement for the project referred to in subsection (a) to
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1 take into account the change in the Federal participation

2 in such project pursuant to subsection (a).

3 (c) COST SHARING.—Nothing in this section shall be

4 construed to affect any cost-sharing requirement applica5 ble to the project referred to in subsection (a) under the

6 Water Resources Development Act of 1986.

7 SEC. 303. GREERS FERRY LAKE, ARKANSAS.

8 The project for flood control, Greers Ferry Lake, Ar9 kansas, authorized by the Act entitled ‘‘An Act author10 izing the construction of certain public works on rivers and

11 harbors for flood control, and other purposes’’, approved

12 June 28, 1938 (52 Stat. 1218), is modified to authorize

13 the Secretary to construct water intake facilities for the

14 benefit of Lonoke and White Counties, Arkansas.

15 SEC. 304. TEN- AND FIFTEEN-MILE BAYOUS, ARKANSAS.

16 The project for flood control, St. Francis River

17 Basin, Missouri and Arkansas, authorized by section 204

18 of the Flood Control Act of 1950 (64 Stat. 172), is modi19 fied to expand the project boundaries to include Ten- and

20 Fifteen-Mile Bayous near West Memphis, Arkansas. Not21 withstanding section 103(f) of the Water Resources Devel22 opment Act of 1986 (100 Stat. 4086), the flood control

23 work at Ten- and Fifteen-Mile Bayous shall not be consid24 ered separable elements of the St. Francis Basin project.
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1 SEC. 305. LOGGY BAYOU, RED RIVER BELOW DENISON DAM,

2 ARKANSAS, LOUISIANA, OKLAHOMA, AND

3 TEXAS.

4 The project for flood control on the Red River Below

5 Denison Dam, Arkansas, Louisiana, Oklahoma, and

6 Texas, authorized by section 10 of the Flood Control Act

7 of 1946 (60 Stat. 647), is modified to direct the Secretary

8 to conduct a study to determine the feasibility of expand9 ing the project to include mile 0.0 to mile 7.8 of Loggy

10 Bayou between the Red River and Flat River. If the Sec11 retary determines as a result of the study that the project

12 should be expanded, the Secretary may assume responsi13 bility for operation and maintenance of the expanded

14 project.

15 SEC. 306. SACRAMENTO RIVER, GLENN-COLUSA, CALI16 FORNIA.

17 (a) IN GENERAL.—The project for flood control, Sac18 ramento River, California, authorized by section 2 of the

19 Act entitled ‘‘An Act to provide for the control of the

20 floods of the Mississippi River and of the Sacramento

21 River, California, and for other purposes’’, approved

22 March 1, 1917 (39 Stat. 949), and modified by section

23 102 of the Energy and Water Development Appropriations

24 Act, 1990 (103 Stat. 649), section 301(b)(3) of the Water

25 Resources Development Act of 1996 (110 Stat. 3110), and

26 title I of the Energy and Water Development Appropria-
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1 tions Act, 1999 (112 Stat. 1841), is further modified to

2 authorize the Secretary—

3 (1) to carry out the portion of the project at

4 Glenn-Colusa, California, at a total cost of

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

6 $20,000,000 and an estimated non-Federal cost of

7 $6,000,000; and

8 (2) to carry out bank stabilization work in the

9 vicinity of the riverbed gradient facility, particularly

10 in the vicinity of River Mile 208.

11 (b) CREDIT.—The Secretary shall provide the non12 Federal interests for the project referred to in subsection

13 (a) a credit of up to $4,000,000 toward the non-Federal

14 share of the project costs for the direct and indirect costs

15 incurred by the non-Federal sponsor in carrying out activi16 ties associated with environmental compliance for the

17 project. Such credit may be in the form of reimbursements

18 for costs which were incurred by the non-Federal interests

19 prior to an agreement with the Corps of Engineers, to in20 clude the value of lands, easements, rights-of-way, reloca21 tions, or dredged material disposal areas.

22 SEC. 307. SAN LORENZO RIVER, CALIFORNIA.

23 The project for flood control and habitat restoration,

24 San Lorenzo River, California, authorized by section

25 101(a)(5) of the Water Resources Development Act of
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1 1996 (110 Stat. 3663), is modified to authorize the Sec2 retary to expand the boundaries of the project to include

3 bank stabilization for a 1,000-foot portion of the San

4 Lorenzo River.

5 SEC. 308. TERMINUS DAM, KAWEAH RIVER, CALIFORNIA.

6 (a) TRANSFER OF TITLE TO ADDITIONAL LAND.—

7 If the non-Federal interests for the project for flood con8 trol and water supply, Terminus Dam, Kaweah River,

9 California, authorized by section 101(b)(5) of the Water

10 Resources Development Act of 1996 (110 Stat. 3667),

11 transfers to the Secretary without consideration title to

12 perimeter lands acquired for the project by the non-Fed13 eral interests, the Secretary may accept the transfer of

14 such title.

15 (b) LANDS, EASEMENT, AND RIGHTS-OF-WAY.—

16 Nothing in this section shall be construed to change, mod17 ify, or otherwise affect the responsibility of the non-Fed18 eral interests to provide lands, easements, rights-of-way,

19 relocations, and dredged material disposal areas necessary

20 for the Terminus Dam project and to perform operation

21 and maintenance for the project.

22 (c) OPERATION AND MAINTENANCE.—Upon request

23 by the non-Federal interests, the Secretary shall carry out

24 operation, maintenance, repair, replacement, and rehabili25 tation of the project if the non-Federal interests enter into
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1 a binding agreement with the Secretary to reimburse the

2 Secretary for 100 percent of the costs of such operation,

3 maintenance, repair, replacement, and rehabilitation.

4 (d) HOLD HARMLESS.—The non-Federal interests

5 shall hold the United States harmless for ownership, oper6 ation, and maintenance of lands and facilities of the Ter7 minus Dam project title to which is transferred to the Sec8 retary under this section.

9 SEC. 309. DELAWARE RIVER MAINSTEM AND CHANNEL

10 DEEPENING, DELAWARE, NEW JERSEY, AND

11 PENNSYLVANIA.

12 The project for navigation, Delaware River Mainstem

13 and Channel Deepening, Delaware, New Jersey and Penn14 sylvania, authorized by section 101(6) of the Water Re15 sources Development Act of 1992 (106 Stat. 4802), is

16 modified as follows:

17 (1) The Secretary is authorized to provide non18 Federal interests credit toward cash contributions

19 required for construction and subsequent to con20 struction for engineering and design and construc21 tion management work that is performed by non22 Federal interests and that the Secretary determines

23 is necessary to implement the project. Any such

24 credits extended shall reduce the Philadelphia Dis-
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1 trict’s private sector performance goals for engineer2 ing work by a like amount.

3 (2) The Secretary is authorized to provide to

4 non-Federal interests credit toward cash contribu5 tions required during construction and subsequent to

6 construction for the costs of construction carried out

7 by the non-Federal interest on behalf of the Sec8 retary and that the Secretary determines is nec9 essary to implement the project.

10 (3) The Secretary is authorized to enter into an

11 agreement with a non-Federal interest for the pay12 ment of disposal or tipping fees for dredged material

13 from a Federal project other than for the construc14 tion or operation and maintenance of the new deep15 ening project as described in the Limited Reevalua16 tion Report of May 1997, where the non-Federal in17 terest has supplied the corresponding disposal capac18 ity.

19 (4) The Secretary is authorized to enter into an

20 agreement with a non-Federal interest that will pro21 vide that the non-Federal interest may carry out or

22 cause to have carried out, on behalf of the Secretary,

23 a disposal area management program for dredged

24 material disposal areas necessary to construct, oper25 ate, and maintain the project and to authorize the
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1 Secretary to reimburse the non-Federal interest for

2 the costs of the disposal area management program

3 activities carried out by the non-Federal interest.

4 SEC. 310. POTOMAC RIVER, WASHINGTON, DISTRICT OF CO5 LUMBIA.

6 The project for flood control authorized by section 5

7 of the Flood Control Act of June 22, 1936 (69 Stat.

8 1574), as modified by section 301(a)(4) of the Water Re9 sources Development Act of 1996 (110 Stat. 3707), is fur10 ther modified to authorize the Secretary to construct the

11 project at a Federal cost of $5,965,000.

12 SEC. 311. BREVARD COUNTY, FLORIDA.

13 (a) STUDY.—The Secretary, in cooperation with the

14 non-Federal interest, shall conduct a study of any damage

15 to the project for shoreline protection, Brevard County,

16 Florida, authorized by section 101(b)(7) of the Water Re17 sources Development Act of 1996 (110 Stat. 3667), to de18 termine whether the damage is the result of a Federal

19 navigation project.

20 (b) CONDITIONS.—In conducting the study, the Sec21 retary shall utilize the services of an independent coastal

22 expert who shall consider all relevant studies completed

23 by the Corps of Engineers and the project’s local sponsor.

24 The study shall be completed within 120 days of the date

25 of enactment of this Act.
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1 (c) MITIGATION OF DAMAGES.—After completion of

2 the study, the Secretary shall mitigate any damage to the

3 shoreline protection project that is the result of a Federal

4 navigation project. The costs of the mitigation shall be al5 located to the Federal navigation project as operation and

6 maintenance.

7 SEC. 312. BROWARD COUNTY AND HILLSBORO INLET,

8 FLORIDA.

9 The project for shoreline protection, Broward County

10 and Hillsboro Inlet, Florida, authorized by section 301 of

11 the River and Harbor Act of 1965 (79 Stat. 1090), is

12 modified to authorize the Secretary to reimburse the non13 Federal interest for the Federal share of the cost of

14 preconstruction planning and design for the project upon

15 execution of a contract to construct the project if the Sec16 retary determines such work is compatible with and inte17 gral to the project.

18 SEC. 313. FORT PIERCE, FLORIDA.

19 (a) IN GENERAL.—The project for shore protection

20 and harbor mitigation, Fort Pierce, Florida, authorized by

21 section 301 of the River and Harbor Act of 1965 (79 Stat.

22 1092) and section 506(a)(2) of the Water Resources De23 velopment Act of 1996 (110 Stat. 3757), is modified to

24 incorporate an additional 1 mile into the project in accord25 ance with a final approved General Reevaluation Report,
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1 at a total cost for initial nourishment for the entire project

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

3 $7,073,500 and an estimated non-Federal cost of

4 $2,054,500.

5 (b) PERIOD NOURISHMENT.—Periodic nourishment

6 is authorized for the project in accordance with section

7 506(a)(2) of Water Resources Development Act of 1996

8 (110 Stat. 3757).

9 (c) REVISION OF THE PROJECT COOPERATION

10 AGREEMENT.—The Secretary shall revise the project co11 operation agreement for the project referred to in sub12 section (a) to take into account the change in Federal par13 ticipation in the project pursuant to subsection (a).

14 SEC. 314. NASSAU COUNTY, FLORIDA.

15 The project for beach erosion control, Nassau County

16 (Amelia fIsland), Florida, authorized by section 3(a)(3) of

17 the Water Resources Development Act of 1988 (102 Stat.

18 4013), is modified to authorize the Secretary to construct

19 the project at a total cost of $17,000,000, with an esti20 mated Federal cost of $13,300,000 and an estimated non21 Federal cost of $3,700,000.

22 SEC. 315. MIAMI HARBOR CHANNEL, FLORIDA.

23 The project for navigation, Miami Harbor Channel,

24 Florida, authorized by section 101(a)(9) of the Water Re25 sources Development Act of 1990 (104 Stat. 4606), is
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1 modified to include construction of artificial reefs and re2 lated environmental mitigation required by Federal, State,

3 and local environmental permitting agencies for the

4 project.

5 SEC. 316. LAKE MICHIGAN, ILLINOIS.

6 The project for storm damage reduction and shore7 line erosion protection, Lake Michigan, Illinois, from

8 Wilmette, Illinois, to the Illinois-Indiana State line, au9 thorized by section 101(a)(12) of the Water Resources De10 velopment Act of 1996 (110 Stat. 3664), is modified to

11 authorize the Secretary to provide a credit against the

12 non-Federal share of the cost of the project for costs in13 curred by the non-Federal interest—

14 (1) in constructing Reach 2D and Segment 8 of

15 Reach 4 of the project; and

16 (2) in reconstructing Solidarity Drive in Chi17 cago, Illinois, prior to entry into a project coopera18 tion agreement with the Secretary.

19 SEC. 317. SPRINGFIELD, ILLINOIS.

20 Section 417 of the Water Resources Development Act

21 of 1996 (110 Stat. 3743) is amended—

22 (1) by inserting ‘‘(a) IN GENERAL.—’’ before

23 ‘‘The Secretary’’; and

24 (2) by adding at the end the following:
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1 ‘‘(b) COST SHARING.—The non-Federal share of as2 sistance provided under this section before, on, or after

3 the date of enactment of this subsection shall be 50 per4 cent.’’.

5 SEC. 318. LITTLE CALUMET RIVER, INDIANA.

6 The project for flood control, Little Calumet River,

7 Indiana, authorized by section 401(a) of the Water Re8 sources Development Act of 1986 (100 Stat. 4115), is

9 modified to authorize the Secretary to construct the

10 project substantially in accordance with the report of the

11 Corps of Engineers, at a total cost of $167,000,000, with

12 an estimated Federal cost of $122,000,000 and an esti13 mated non-Federal cost of $45,000,000.

14 SEC. 319. OGDEN DUNES, INDIANA.

15 (a) STUDY.—The Secretary shall conduct a study of

16 beach erosion in and around the town of Ogden Dunes,

17 Indiana, to determine whether the damage is the result

18 of a Federal navigation project.

19 (b) MITIGATION OF DAMAGES.—After completion of

20 the study, the Secretary shall mitigate any damage to the

21 beach and shoreline that is the result of a Federal naviga22 tion project. The cost of the mitigation shall be allocated

23 to the Federal navigation project as operation and mainte24 nance.
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1 SEC. 320. SAINT JOSEPH RIVER, SOUTH BEND, INDIANA.

2 (a) MAXIMUM TOTAL EXPENDITURE.—The max3 imum total expenditure for the project for streambank

4 erosion, recreation, and pedestrian access features, Saint

5 Joseph River, South Bend, Indiana, shall be $7,800,000.

6 (b) REVISION OF PROJECT COOPERATION AGREE7 MENT.—The Secretary shall revise the project cooperation

8 agreement for the project referred to in subsection (a) to

9 take into account the change in the Federal participation

10 in such project pursuant to subsection (a).

11 (c) COST SHARING.—Nothing in this section shall be

12 construed to affect any cost-sharing requirement applica13 ble to the project referred to in subsection (a) under title

14 I of the Water Resources Development Act of 1986 (33

15 U.S.C. 2211 et seq.).

16 SEC. 321. WHITE RIVER, INDIANA.

17 The project for flood control, Indianapolis on West

18 Fork of the White River, Indiana, authorized by section

19 5 of the Act entitled ‘‘An Act authorizing the construction

20 of certain public works on rivers and harbors for flood con21 trol, and other purposes’’, approved June 22, 1936 (49

22 Stat. 1586), and modified by section 323 of the Water

23 Resources Development Act of 1996 (110 Stat. 3716), is

24 further modified to authorize the Secretary to undertake

25 riverfront alterations as described in the Central Indianap26 olis Waterfront Concept Master Plan, dated February
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1 1994, at a total cost of $110,975,000, with an estimated

2 Federal cost of $52,475,000 and an estimated non-Fed3 eral cost of $58,500,000.

4 SEC. 322. LAKE PONTCHARTRAIN, LOUISIANA.

5 The project for hurricane-flood protection, Lake

6 Pontchartrain, Louisiana, authorized by section 204 of the

7 Flood Control Act of 1965 (79 Stat. 1077), is modified—

8 (1) to direct the Secretary to conduct a study

9 to determine the feasibility of constructing a pump

10 adjacent to each of the 4 proposed drainage struc11 tures for the Saint Charles Parish feature of the

12 project; and

13 (2) to authorize the Secretary to construct such

14 pumps upon completion of the study.

15 SEC. 323. LAROSE TO GOLDEN MEADOW, LOUISIANA.

16 The project for hurricane protection Larose to Gold17 en Meadow, Louisiana, authorized by section 204 of the

18 Flood Control Act of 1965 (79 Stat. 1077), is modified

19 to direct the Secretary to convert the Golden Meadow

20 floodgate into a navigation lock if the Secretary deter21 mines that the conversion is feasible.

22 SEC. 324. LOUISIANA STATE PENITENTIARY LEVEE, LOU23 ISIANA.

24 The Louisiana State Penitentiary Levee project, Lou25 isiana, authorized by section 401(a) of the Water Re-
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1 sources Development Act of 1986 (100 Stat. 4117), is

2 modified to direct the Secretary to provide credit to the

3 non-Federal interest toward the non-Federal share of the

4 cost of the project. The credit shall be for cost of work

5 performed by the non-Federal interest prior to the execu6 tion of a project cooperation agreement as determined by

7 the Secretary to be compatible with and an integral part

8 of the project.

9 SEC. 325. TWELVE-MILE BAYOU, CADDO PARISH, LOU10 ISIANA.

11 The Secretary shall be responsible for maintenance

12 of the levee along Twelve-Mile Bayou from its junction

13 with the existing Red River Below Denison Dam Levee

14 approximately 26 miles upstream to its terminus at high

15 ground in the vicinity of Black Bayou, Caddo Parish, Lou16 isiana, if the Secretary determines that such maintenance

17 is economically justified and environmentally acceptable

18 and that the levee was constructed in accordance with ap19 propriate design and engineering standards.

20 SEC. 326. WEST BANK OF THE MISSISSIPPI RIVER (EAST OF

21 HARVEY CANAL), LOUISIANA.

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

23 storm damage reduction, West Bank of the Mississippi

24 River (East of Harvey Canal), Louisiana, authorized by

25 section 401(b) of the Water Resources Development Act
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1 of 1986 (100 Stat. 4128) and section 101(a)(17) of the

2 Water Resources Development Act of 1996 (110 Stat.

3 3665), is modified—

4 (1) to provide that any liability under the Com5 prehensive Environmental Response, Compensation,

6 and Liability Act of 1980 (42 U.S.C. 9601 et seq.)

7 from the construction of the project is a Federal re8 sponsibility; and

9 (2) to authorize the Secretary to carry out op10 eration and maintenance of that portion of the

11 project included in the report of the Chief of Engi12 neers, dated May 1, 1995, referred to as ‘‘Algiers

13 Channel’’, if the non-Federal sponsor reimburses the

14 Secretary for the amount of such operation and

15 maintenance included in the report of the Chief of

16 Engineers.

17 (b) COMBINATION OF PROJECTS.—The Secretary

18 shall carry out work authorized as part of the Westwego

19 to Harvey Canal project, the East of Harvey cannal

20 project, and the Lake Cataouatche modifications as a sin21 gle project, to be known as the West Bank and vicinity,

22 New Orleans, Louisiana, hurricane protection project,

23 with a combined total cost of $280,300,000.
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1 SEC. 327. TOLCHESTER CHANNEL, BALTIMORE HARBOR

2 AND CHANNELS, CHESAPEAKE BAY, KENT

3 COUNTY, MARYLAND.

4 The project for navigation, Tolchester Channel,

5 Baltimore Harbor and Channels, Chesapeake Bay, Kent

6 County, Maryland, authorized by section 101 of the River

7 and Harbor Act of 1958 (72 Stat. 297), is modified to

8 authorize the Secretary to straighten the navigation chan9 nel in accordance with the District Engineer’s Navigation

10 Assessment Report and Environmental Assessment, dated

11 April 30, 1997. This modification shall be carried out in

12 order to improve navigation safety.

13 SEC. 328. SAULT SAINTE MARIE, CHIPPEWA COUNTY,

14 MICHIGAN.

15 The project for navigation Sault Sainte Marie, Chip16 pewa County, Michigan, authorized by section 1149 of the

17 Water Resources Development Act of 1986 (100 Stat.

18 4254–4255) and modified by section 330 of the Water Re19 sources Development Act of 1996 (110 Stat. 3717–3718),

20 is further modified to provide that the amount to be paid

21 by non-Federal interests pursuant to section 101(a) of the

22 Water Resources Development Act of 1986 (33 U.S.C.

23 2211(a)) and subsection (a) of such section 330 shall not

24 include any interest payments.
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1 SEC. 329. JACKSON COUNTY, MISSISSIPPI.

2 The project for environmental infrastructure, Jack3 son County, Mississippi, authorized by section 219(c)(5)

4 of the Water Resources Development Act of 1992 (106

5 Stat. 4835) and modified by section 504 of the Water Re6 sources Development Act of 1996 (110 Stat. 3757), is fur7 ther modified to direct the Secretary to provide a credit,

8 not to exceed $5,000,000, against the non-Federal share

9 of the cost of the project for the costs incurred by the

10 Jackson County Board of Supervisors since February 8,

11 1994, in constructing the project if the Secretary deter12 mines that such costs are for work that the Secretary de13 termines is compatible with and integral to the project.

14 SEC. 330. TUNICA LAKE, MISSISSIPPI.

15 The project for flood control, Mississippi River Chan16 nel Improvement Project, Tunica Lake, Mississippi, au17 thorized by the Act entitled: ‘‘An Act for the control of

18 floods on the Mississippi River and its tributaries, and for

19 other purposes’’, approved May 15, 1928 (45 Stat. 534–

20 538), is modified to include construction of a weir at the

21 Tunica Cutoff, Mississippi.

22 SEC. 331. BOIS BRULE DRAINAGE AND LEVEE DISTRICT,

23 MISSOURI.

24 (a) MAXIMUM FEDERAL EXPENDITURE.—The max25 imum amount of Federal funds that may be allocated for

26 the project for flood control, Bois Brule Drainage and
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1 Levee District, Missouri, authorized pursuant to section

2 205 of the Flood Control Act of 1948 (33 U.S.C. 701s),

3 shall be $8,000,000.

4 (b) REVISION OF THE PROJECT COOPERATION

5 AGREEMENT.—The Secretary shall revise the project co6 operation agreement for the project referred to in sub7 section (a) to take into account the change in Federal par8 ticipation in the project pursuant to subsection (a).

9 (c) COST SHARING.—Nothing in this section shall be

10 construed to affect any cost-sharing requirement applica11 ble to the project referred to in subsection (a) under title

12 I of the Water Resources Development Act of 1986 (33

13 U.S.C. 2211 et seq.).

14 SEC. 332. MERAMEC RIVER BASIN, VALLEY PARK LEVEE,

15 MISSOURI.

16 The project for flood control, Meramec River Basin,

17 Valley Park Levee, Missouri, authorized by section 2(h)

18 of an Act entitled ‘‘An Act to deauthorize several projects

19 within the jurisdiction of the Army Corps of Engineers’’

20 (95 Stat. 1682–1683) and modified by section 1128 of

21 the Water Resources Development Act of 1986, (100 Stat.

22 4246), is further modified to authorize the Secretary to

23 construct the project at a maximum Federal expenditure

24 of $35,000,000.
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1 SEC. 333. MISSOURI RIVER MITIGATION PROJECT, MIS2 SOURI, KANSAS, IOWA, AND NEBRASKA.

3 (a) IN GENERAL.—The project for mitigation of fish

4 and wildlife losses, Missouri River Bank Stabilization and

5 Navigation Project, Missouri, Kansas, Iowa, and Ne6 braska, authorized by section 601 of the Water Resources

7 Development Act of 1986 (100 Stat. 4143), is modified

8 to increase by 118,650 acres the lands and interests in

9 lands to be acquired for the project.

10 (b) STUDY.—

11 (1) IN GENERAL.—The Secretary, in conjunc12 tion with the States of Nebraska, Iowa, Kansas, and

13 Missouri, shall conduct a study to determine the cost

14 of restoring, under the authority of the Missouri

15 River fish and wildlife mitigation project, a total of

16 118,650 acres of lost Missouri River habitat.

17 (2) REPORT.—The Secretary shall report to

18 Congress on the results of the study not later than

19 6 months after the date of enactment of this Act.

20 SEC. 334. WOOD RIVER, GRAND ISLAND, NEBRASKA.

21 The project for flood control, Wood River, Grand Is22 land, Nebraska, authorized by section 101(a)(19) of the

23 Water Resources Development Act of 1996 (110 Stat.

24 3665), is modified to authorize the Secretary to construct

25 the project substantially in accordance with the report of

26 the Corps of Engineers dated June 29, 1998, at a total
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1 cost of $17,039,000, with an estimated Federal cost of

2 $9,730,000 and an estimated non-Federal cost of

3 $7,309,000.

4 SEC. 335. ABSECON ISLAND, NEW JERSEY.

5 The project for storm damage reduction and shore6 line protection, Brigantine Inlet to Great Egg Harbor

7 Inlet, Absecon Island, New Jersey, authorized by section

8 101(b)(13) of the Water Resources Development Act of

9 1996 (110 Stat. 3668), is modified to provide that, if,

10 after October 12, 1996, the non-Federal interests carry

11 out any work associated with the project that is later rec12 ommended by the Chief of Engineers and approved by the

13 Secretary, the Secretary may credit the non-Federal inter14 ests toward the non-Federal share of the cost of the

15 project an amount equal to the Federal share of the cost

16 of such work, without interest.

17 SEC. 336. NEW YORK HARBOR AND ADJACENT CHANNELS,

18 PORT JERSEY, NEW JERSEY

19 The project for navigation, New York Harbor and

20 Adjacent Channels, New York and New Jersey, authorized

21 by section 202(b) of the Water Resources Development

22 Act of 1986 (100 Stat. 4098), is modified to authorize

23 the Secretary to construct that portion of the project that

24 is located between Military Ocean Terminal Bayonne and

25 Global Terminal in Bayonne, New Jersey, substantially in
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1 accordance with the report of the Corps of Engineers, at

2 a total cost of $103,267,000, with an estimated Federal

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

4 of $26,358,000.

5 SEC. 337. PASSAIC RIVER, NEW JERSEY.

6 Section 101(a)(18)(B) of the Water Resources Devel7 opment Act of 1990 (104 Stat. 4608–4609) is amended

8 by inserting ‘‘, including an esplanade for safe pedestrian

9 access with an overall width of 600 feet’’ after ‘‘public ac10 cess to Route 21’’.

11 SEC. 338. SANDY HOOK TO BARNEGAT INLET, NEW JERSEY.

12 The project for shoreline protection, Sandy Hook to

13 Barnegat Inlet, New Jersey, authorized by section 101 of

14 the River and Harbor Act of 1958 (72 Stat. 299), is

15 modified—

16 (1) to include the demolition of Long Branch

17 pier and extension of Ocean Grove pier; and

18 (2) to authorize the Secretary to reimburse the

19 non-Federal sponsor for the Federal share of costs

20 associated with the demolition of Long Branch pier

21 and the construction of the Ocean Grove pier.

22 SEC. 339. ARTHUR KILL, NEW YORK AND NEW JERSEY.

23 The project for navigation, Arthur Kill, New York

24 and New Jersey, authorized by section 202(b) of the

25 Water Resources Development Act of 1986 (100 Stat.
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1 4098) and modified by section 301(b)(11) of the Water

2 Resources Development Act of 1996 (110 Stat. 3711), is

3 further modified to authorize the Secretary to construct

4 the portion of the project at Howland Hook Marine Ter5 minal substantially in accordance with the report of the

6 Corps of Engineers, dated September 30, 1998, at a total

7 cost of $315,700,000, with an estimated Federal cost of

8 $183,200,000 and an estimated non-Federal cost of

9 $132,500,000.

10 SEC. 340. NEW YORK CITY WATERSHED.

11 Section 552(i) of the Water Resources Development

12 Act of 1996 (110 Stat. 3781) is amended by striking

13 ‘‘$22,500,000’’ and inserting ‘‘$42,500,000’’.

14 SEC. 341. NEW YORK STATE CANAL SYSTEM.

15 Section 553(e) of the Water Resources Development

16 Act of 1996 (110 Stat. 3781) is amended by striking

17 ‘‘$8,000,000’’ and inserting ‘‘$18,000,000’’.

18 SEC. 342. FIRE ISLAND INLET TO MONTAUK POINT, NEW

19 YORK.

20 The project for combined beach erosion control and

21 hurricane protection, Fire Island Inlet to Montauk Point,

22 Long Island, New York, authorized by the River and Har23 bor Act of 1960 (74 Stat. 483) and modified by the River

24 and Harbor Act of 1962, the Water Resources Develop25 ment Act of 1974, and the Water Resources Development
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1 Act of 1986, is further modified to direct the Secretary,

2 in coordination with the heads of other Federal depart3 ments and agencies, to complete all procedures and re4 views expeditiously and to adopt and transmit to Congress

5 not later than June 30, 1999, a mutually acceptable shore

6 erosion plan for the Fire Island Inlet to Moriches Inlet

7 reach of the project.

8 SEC. 343. BROKEN BOW LAKE, RED RIVER BASIN, OKLA9 HOMA.

10 The project for flood control and water supply, Bro11 ken Bow Lake, Red River Basin, Oklahoma, authorized

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

13 309) and modified by section 203 of the Flood Control

14 Act of 1962 (76 Stat. 1187), section 102(v) of the Water

15 Resources Development Act of 1992 (106 Stat. 4808), and

16 section 338 of the Water Resources Development Act of

17 1996 (110 Stat. 3720), is further modified to require the

18 Secretary to make seasonal adjustments to the top of the

19 conservation pool at the project as follows (if the Secretary

20 determines that the adjustments will be undertaken at no

21 cost to the United States and will adequately protect im22 pacted water and related resources):

23 (1) Maintain an elevation of 599.5 from No24 vember 1 through March 31.
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1 (2) Increase elevation gradually from 599.5 to

2 602.5 during April and May.

3 (3) Maintain an elevation of 602.5 from June

4 1 to September 30.

5 (4) Decrease elevation gradually from 602.5 to

6 599.5 during October.

7 SEC. 344. WILLAMETTE RIVER TEMPERATURE CONTROL,

8 MCKENZIE SUBBASIN, OREGON.

9 (a) IN GENERAL.—The project for environmental

10 restoration, Willamette River Temperature Control,

11 McKenzie Subbasin, Oregon, authorized by section

12 101(a)(25) of the Water Resources Development Act of

13 1996 (110 Stat. 3665), is modified to authorize the Sec14 retary to construct the project substantially in accordance

15 with the Feature Memorandum dated July 31, 1998, at

16 a total cost of $64,741,000.

17 (b) REPORT.—Not later than 90 days after the date

18 of enactment of this Act, the Secretary shall report to

19 Congress on the reasons for the cost growth of the Willam20 ette River project and outline the steps the Corps of Engi21 neers is taking to control project costs, including the appli22 cation of value engineering and other appropriate meas23 ures. In the report, the Secretary shall also include a cost

24 estimate for, and recommendations on the advisability of,

25 adding fish screens to the project.
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1 SEC. 345. AYLESWORTH CREEK RESERVOIR, PENNSYL2 VANIA.

3 The project for flood control, Aylesworth Creek Res4 ervoir, Pennsylvania, authorized by section 203 of the

5 Flood Control Act of 1962 (76 Stat. 1182), is modified

6 to authorize the Secretary to transfer, in each of fiscal

7 years 1999 and 2000, $50,000 to the Aylesworth Creek

8 Reservoir Park Authority for recreational facilities.

9 SEC. 346. CURWENSVILLE LAKE, PENNSYLVANIA.

10 Section 562 of the Water Resources Development Act

11 of 1996 (110 Stat. 3784) is amended by adding at the

12 end the following: ‘‘The Secretary shall provide design and

13 construction assistance for recreational facilities at

14 Curwensville Lake and, when appropriate, may require the

15 non-Federal interest to provide not more than 25 percent

16 of the cost of designing and constructing such facilities.

17 The Secretary may transfer, in each of fiscal years 1999

18 through 2003, $100,000 to the Clearfield County Munic19 ipal Services and Recreation Authority for recreational fa20 cilities.’’.

21 SEC. 347. DELAWARE RIVER, PENNSYLVANIA AND DELA22 WARE.

23 The project for navigation, Delaware River, Philadel24 phia to Wilmington, Pennsylvania and Delaware, author25 ized by section 3(a)(12) of the Water Resources Develop26 ment Act of 1988 (102 Stat. 4014), is modified to author-
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1 ize the Secretary to extend the channel of the Delaware

2 River at Camden, New Jersey, to within 150 feet of the

3 existing bulkhead and to relocate the 40-foot deep Federal

4 navigation channel, eastward within Philadelphia Harbor,

5 from the Ben Franklin Bridge to the Walt Whitman

6 Bridge, into deep water.

7 SEC. 348. MUSSERS DAM, PENNSYLVANIA.

8 Section 209 of the Water Resources Development Act

9 of 1992 (106 Stat. 4830) is amended by striking sub10 section (e) and redesignating subsection (f) as subsection

11 (e).

12 SEC. 349. NINE-MILE RUN, ALLEGHENY COUNTY, PENNSYL13 VANIA.

14 The Nine-Mile Run project, Allegheny County, Penn15 sylvania, carried out pursuant to section 206 of the Water

16 Resources Development Act of 1996 (33 U.S.C. 2330; 110

17 Stat. 3679–3680), is modified to authorize the Secretary

18 to provide a credit toward the non-Federal share of the

19 project for costs incurred by the non-Federal interest in

20 preparing environmental and feasibility documentation for

21 the project before entering into an agreement with the

22 Corps of Engineers with respect to the project if the Sec23 retary determines such costs are for work that is compat24 ible with and integral to the project.
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1 SEC. 350. RAYSTOWN LAKE, PENNSYLVANIA.

2 (a) RECREATION PARTNERSHIP INITIATIVE.—Sec3 tion 519(b) of the Water Resources Development Act of

4 1996 (110 Stat. 3765) is amended—

5 (1) by redesignating paragraph (3) as para6 graph (4); and

7 (2) by inserting after paragraph (2) the fol8 lowing:

9 ‘‘(3) ENGINEERING AND DESIGN SERVICES.—

10 The Secretary may perform, at full Federal expense,

11 engineering and design services for project infra12 structure expected to be associated with the develop13 ment of the site at Raystown Lake, Hesston, Penn14 sylvania.’’.

15 (b) CONSTRUCTION ASSISTANCE.—

16 (1) IN GENERAL.—Consistent with the master

17 plan described in section 318 of the Water Re18 sources Development Act of 1992 (106 Stat. 4848),

19 the Secretary may provide a grant to Juniata Col20 lege for the construction of facilities and structures

21 at Raystown Lake, Pennsylvania, to interpret and

22 understand environmental conditions and trends. As

23 a condition of the receipt of such financial assist24 ance, officials at Juniata College shall coordinate

25 with the Baltimore District of the Army Corps of

26 Engineers.
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1 (2) AUTHORIZATION OF APPROPRIATIONS.—

2 There is authorized to be appropriated $5,000,000

3 for fiscal years beginning after September 30, 1998,

4 to carry out this subsection.

5 SEC. 351. SOUTH CENTRAL PENNSYLVANIA.

6 Section 313(g)(1) of the Water Resources Develop7 ment Act of 1992 (106 Stat. 4846) is amended by striking

8 ‘‘$80,000,000’’ and inserting ‘‘$180,000,000’’.

9 SEC. 352. COOPER RIVER, CHARLESTON HARBOR, SOUTH

10 CAROLINA.

11 The project for rediversion, Cooper River, Charleston

12 Harbor, South Carolina, authorized by section 101 of the

13 River and Harbor Act of 1968 (82 Stat. 731) and modi14 fied by title I of the Energy and Water Development Ap15 propriations Act, 1992 (105 Stat. 516), is further modi16 fied to authorize the Secretary to pay to the State of

17 South Carolina not more than $3,750,000 if the Secretary

18 and the State enter into a binding agreement for the State

19 to perform all future operation of, including associated

20 studies to assess the efficacy of, the St. Stephen, South

21 Carolina, fish lift. The agreement must specify the terms

22 and conditions under which payment will be made and the

23 rights of, and remedies available to, the Federal Govern24 ment to recover all or a portion of such payment in the

25 event the State suspends or terminates operation of the
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1 fish lift or fails to operate the fish lift in a manner satis2 factory to the Secretary. Maintenance of the fish lift shall

3 remain a Federal responsibility.

4 SEC. 353. BOWIE COUNTY LEVEE, TEXAS.

5 The project for flood control, Red River Below

6 Denison Dam, Texas and Oklahoma, authorized by section

7 10 of the Flood Control Act of 1946 (60 Stat. 647), is

8 modified to direct the Secretary to implement the Bowie

9 County Levee feature of the project in accordance with

10 the plan defined as Alternative B in the draft document

11 entitled ‘‘Bowie County Local Flood Protection, Red

12 River, Texas Project Design Memorandum No. 1, Bowie

13 County Levee’’, dated April 1997. In evaluating and im14 plementing this modification, the Secretary shall allow the

15 non-Federal interest to participate in the financing of the

16 project in accordance with section 903(c) of the Water Re17 sources Development Act of 1986 (100 Stat. 4184) to the

18 extent that the Secretary’s evaluation indicates that apply19 ing such section is necessary to implement the project.

20 SEC. 354. CLEAR CREEK, TEXAS.

21 Section 575 of the Water Resources Development Act

22 of 1996 (110 Stat. 3789) is amended by adding at the

23 end the following:

24 ‘‘(c) CLEAR CREEK, TEXAS.—In any evaluation of

25 economic benefits and costs for the project for flood con-
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1 trol, Clear Creek, Texas, authorized by section 203 of the

2 Flood Control Act of 1968 (82 Stat. 742) that occurs after

3 the date of enactment of this subsection, the Secretary

4 shall include the costs and benefits of nonstructural meas5 ures undertaken, including any buyout or relocation ac6 tions, of non-Federal interests within the drainage area

7 of such project before the date of the evaluation in the

8 determination of conditions existing before the construc9 tion of the project.’’.

10 SEC. 355. CYPRESS CREEK, TEXAS.

11 (a) IN GENERAL.—The project for flood control, Cy12 press Creek, Texas, authorized by section 3(a)(13) of the

13 Water Resources Development Act of 1988 (102 Stat.

14 4014), is modified to authorize the Secretary to carry out

15 a nonstructural flood control project at a total cost of

16 $5,000,000.

17 (b) REIMBURSEMENT FOR WORK.—The Secretary

18 may reimburse the non-Federal interest for the Cypress

19 Creek project for work done by the non-Federal interest

20 on the nonstructural flood control project in an amount

21 equal to the estimate of the Federal share, without inter22 est, of the cost of such work—

23 (1) if, after authorization and before initiation

24 of construction of such nonstructural project, the

25 Secretary approves the plans for construction of
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1 such nonstructural project by the non-Federal inter2 est; and

3 (2) if the Secretary finds, after a review of

4 studies and design documents prepared to carry out

5 such nonstructural project, that construction of such

6 nonstructural project is economically justified and

7 environmentally acceptable.

8 SEC. 356. DALLAS FLOODWAY EXTENSION, DALLAS, TEXAS.

9 The project for flood control, Dallas Floodway Exten10 sion, Dallas, Texas, authorized by section 301 of the River

11 and Harbor Act of 1965 (79 Stat. 1091) and modified

12 by section 351 of the Water Resources Development Act

13 of 1996 (110 Stat. 3724), is further modified—

14 (1) to add environmental restoration and recre15 ation as project purposes; and

16 (2) to authorize the Secretary to construct the

17 project substantially in accordance with the Chain of

18 Wetlands Plan in the report of the Corps of Engi19 neers at a total cost of $123,200,000, with an esti20 mated Federal cost of $80,000,000 and an esti21 mated non-Federal cost of $43,200,000.

22 SEC. 357. UPPER JORDAN RIVER, UTAH.

23 The project for flood control, Upper Jordan River,

24 Utah, authorized by section 101(a)(23) of the Water Re25 sources Development Act of 1990 (104 Stat. 4610) and
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1 modified by section 301(a)(14) of the Water Resources

2 Development Act of 1996 (110 Stat. 3709), is further

3 modified to direct the Secretary to carry out the locally

4 preferred project, entitled ‘‘Upper Jordan River Flood

5 Control Project, Salt Lake County, Utah—Supplemental

6 Information’’ and identified in the document of Salt Lake

7 County, Utah, dated July 30, 1998, at a total cost of

8 $12,870,000, with an estimated Federal cost of

9 $8,580,000 and an estimated non-Federal cost of

10 $4,290,000.

11 SEC. 358. ELIZABETH RIVER, CHESAPEAKE, VIRGINIA.

12 Notwithstanding any other provision of law, after the

13 date of enactment of this Act, the city of Chesapeake, Vir14 ginia, shall not be obligated to make the annual cash con15 tribution required under paragraph 1(9) of the Local Co16 operation Agreement dated December 12, 1978, between

17 the Government and the city for the project for navigation,

18 southern branch of Elizabeth River, Chesapeake, Virginia.

19 SEC. 359. BLUESTONE LAKE, OHIO RIVER BASIN, WEST VIR20 GINIA.

21 Section 102(ff) of the Water Resources Development

22 Act of 1992 (106 Stat. 4810) is amended by striking

23 ‘‘take such measures as are technologically feasible’’ and

24 inserting ‘‘implement Plan C/G, as defined in the Evalua-
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1 tion Report of the District Engineer, dated December

2 1996,’’.

3 SEC. 360. GREENBRIER BASIN, WEST VIRGINIA.

4 Section 579(c) of the Water Resources Development

5 Act of 1996 (110 Stat. 3790) is amended by striking

6 ‘‘$12,000,000’’ and inserting ‘‘$73,000,000.’’

7 SEC. 361. MOOREFIELD, WEST VIRGINIA.

8 The project for flood control, Moorefield, West Vir9 ginia, authorized by section 101(a)(25) of the Water Re10 sources Development Act of 1990 (104 Stat. 4610-4611),

11 is modified to provide that the non-Federal interest shall

12 not be required to pay the unpaid balance, including inter13 est, of the non-Federal share of the cost of the project.

14 SEC. 362. WEST VIRGINIA AND PENNSYLVANIA FLOOD CON15 TROL.

16 Section 581(a) of the Water Resources Development

17 Act of 1996 (110 Stat. 3790) is amended to read as fol18 lows:

19 ‘‘(a) IN GENERAL.—The Secretary may design and

20 construct—

21 ‘‘(1) flood control measures in the Cheat and

22 Tygart River basins, West Virginia, at a level of pro23 tection that is sufficient to prevent any future losses

24 to these communities from flooding such as occurred
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1 in January 1996 but no less than a 100-year level

2 of protection; and

3 ‘‘(2) structural and nonstructural flood control,

4 streambank protection, stormwater management,

5 and channel clearing and modification measures in

6 the Lower Allegheny, Lower Monongahela, West

7 Branch Susquehanna, and Juniata River basins,

8 Pennsylvania, at a level of protection that is suffi9 cient to prevent any future losses to communities in

10 these basins from flooding such as occurred in Janu11 ary 1996, but no less than a 100-year level of flood

12 protection with respect to those measures that incor13 porate levees or floodwalls.’’.

14 SEC. 363. PROJECT REAUTHORIZATIONS.

15 (a) LEE CREEK, ARKANSAS AND OKLAHOMA.—The

16 project for flood protection on Lee Creek, Arkansas and

17 Oklahoma, authorized by section 204 of the Flood Control

18 Act of 1965 (79 Stat. 1078) and deauthorized pursuant

19 to section 1001(b)(1) of the Water Resources Develop20 ment Act of 1986 (33 U.S.C. 579a(b)(1)), is authorized

21 to be carried out by the Secretary.

22 (b) INDIAN RIVER COUNTY, FLORIDA.—The project

23 for shore protection, Indian River County, Florida, au24 thorized by section 501 of the Water Resources and Devel25 opment Act of 1986 (100 Stat. 4134) and deauthorized
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1 pursuant to section 1001(b)(1) of the Water Resources

2 Development Act of 1986 (33 U.S.C. 579a(b)(1)), is au3 thorized to be carried out by the Secretary.

4 (c) LIDO KEY, FLORIDA.—The project for shore pro5 tection, Lido Key, Florida, authorized by section 101 of

6 the River and Harbor Act of 1970 (84 Stat. 1819) and

7 deauthorized pursuant to section 1001(b)(2) of the Water

8 Resources Development Act of 1986 (33 U.S.C

9 579a(b)(2)), is authorized to be carried out by the Sec10 retary.

11 (d) ST. AUGUSTINE, ST. JOHNS COUNTY, FLOR12 IDA.—

13 (1) IN GENERAL.—The project for shore protec14 tion and storm damage reduction, St. Augustine, St.

15 Johns County, Florida, authorized by section 501 of

16 the Water Resources Development Act of 1986 and

17 deauthorized pursuant to section 1001(a) of such

18 Act (33 U.S.C. 579a(a)), is authorized to include

19 navigation mitigation as a project purpose and to be

20 carried out by the Secretary substantially in accord21 ance with the General Reevaluation Report dated

22 November 18, 1998, at a total cost of $16,086,000,

23 with an estimated Federal cost of $12,949,000 and

24 an estimated non-Federal cost of $3,137,000.
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1 (2) PERIODIC NOURISHMENT.—The Secretary

2 is authorized to carry out periodic nourishment for

3 the project for a 50-year period at an estimated av4 erage annual cost of $1,251,000, with an estimated

5 annual Federal cost of $1,007,000 and an estimated

6 annual non-Federal cost of $244,000.

7 (e) SAGINAW RIVER, MICHIGAN (VASSAR).—The

8 project for flood protection, Saginaw River, Michigan

9 (Vassar), authorized by section 203 of the Flood Control

10 Act of 1958 (72 Stat. 311) and deauthorized pursuant to

11 section 1001(b)(2) of the Water Resources Development

12 Act of 1986 (33 U.S.C. 579a(b)(2)), is authorized to be

13 carried out by the Secretary.

14 (f) SAGINAW RIVER, MICHIGAN (SHIAWASSEE

15 FLATS).—The project for flood control, Saginaw River,

16 Michigan (Shiawassee Flats), authorized by section 203

17 of the Flood Control Act of 1958 (72 Stat. 311) and de18 authorized pursuant to section 1001(b)(2) of the Water

19 Resources Development Act of 1986 (33 U.S.C.

20 579a(b)(2)), is authorized to be carried out by the Sec21 retary.

22 (g) PARK RIVER, GRAFTON, NORTH DAKOTA.—The

23 project for flood control, Park River, Grafton, North Da24 kota, authorized by section 401(a) of the Water Resources

25 Development Act of 1986 (100 Stat. 4121) and deauthor-
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1 ized pursuant to section 1001(a) of such Act (33 U.S.C.

2 579a(a)), is authorized to be carried out by the Secretary.

3 (h) MEMPHIS HARBOR, MEMPHIS, TENNESSEE.—

4 The project for navigation, Memphis Harbor, Memphis,

5 Tennessee, authorized by section 601(a) of the Water Re6 sources Development Act of 1986 (100 Stat. 4145) and

7 deauthorized pursuant to 1001(a) of such Act (33 U.S.C

8 579a(a)), is authorized to be carried out by the Secretary.

9 SEC. 364. PROJECT DEAUTHORIZATIONS.

10 (a) IN GENERAL.—The following projects or portions

11 of projects are not authorized after the date of enactment

12 of this Act:

13 (1) BRIDGEPORT HARBOR, CONNECTICUT.—

14 That portion of the project for navigation, Bridge15 port Harbor, Connecticut, authorized by section 101

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

17 consisting of a 2.4-acre anchorage area, 9 feet deep,

18 and an adjacent 0.6-acre anchorage, 6 feet deep, lo19 cated on the west side of Johnsons River.

20 (2) CLINTON HARBOR, CONNECTICUT.—That

21 portion of the project for navigation, Clinton Har22 bor, Connecticut, authorized by the Rivers and Har23 bors Act of 1945, House Document 240, 76th Con24 gress, 1st Session, lying upstream of a line des-
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1 ignated by the 2 points N158,592.12, E660,193.92

2 and N158,444.58, E660,220.95.

3 (3) BASS HARBOR, MAINE.—The following por4 tions of the project for navigation, Bass Harbor,

5 Maine, authorized on May 7, 1962, under section

6 107 of the River and Harbor Act of 1960 (33

7 U.S.C. 577):

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

9 N149040.00, E538505.00, thence running eas10 terly about 50.00 feet along the northern limit

11 of the project to a point N149061.55,

12 E538550.11, thence running southerly about

13 642.08 feet to a point, N14877.64,

14 E538817.18, thence running southwesterly

15 about 156.27 feet to a point on the westerly

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

17 thence running northerly about 149.00 feet

18 along the westerly limit of the project to a bend

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

20 thence running northwesterly about 610.39 feet

21 along the westerly limit of the project to the

22 point of origin.

23 (B) Beginning at a point on the westerly

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

25 thence running southeasterly about 91.92 feet
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1 to a point, N148041.43, E538739.07, thence

2 running southerly about 65.00 feet to a point,

3 N147977.86, E538725.51, thence running

4 southwesterly about 91.92 feet to a point on the

5 westerly limit of the project, N147927.84,

6 E538648.39, thence running northerly about

7 195.00 feet along the westerly limit of the

8 project to the point of origin.

9 (4) BOOTHBAY HARBOR, MAINE.—The project

10 for navigation, Boothbay Harbor, Maine, authorized

11 by the River and Harbor Act of 1912 (37 Stat.

12 201).

13 (5) BUCKSPORT HARBOR, MAINE.—That por14 tion of the project for navigation, Bucksport Harbor,

15 Maine, authorized by the River and Harbor Act of

16 1902, consisting of a 16-foot deep channel beginning

17 at a point N268.748.16, E423.390.76, thence run18 ning north 47 degrees 02 minutes 23 seconds east

19 51.76 feet to a point N268.783.44, E423.428.64,

20 thence running north 67 degrees 54 minutes 32 sec21 onds west 1513.94 feet to a point N269.352.81,

22 E422.025.84, thence running south 47 degrees 02

23 minutes 23 seconds west 126.15 feet to a point

24 N269.266.84, E421.933.52, thence running south
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1 70 degrees 24 minutes 28 seconds east 1546.79 feet

2 to the point of origin.

3 (6) EAST BOOTHBAY HARBOR, MAINE.—The

4 project for navigation, East Boothbay Harbor,

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

8 works on rivers and harbors, and for other pur9 poses’’, approved June 25, 1910 (36 Stat. 631).

10 (7) GREEN HARBOR, MASSACHUSETTS.—That

11 portion of the project for navigation, Green Harbor,

12 Massachusetts, undertaken pursuant to section 107

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

14 577), consisting of the 6-foot deep channel beginning

15 at a point along the west limit of the existing

16 project, North 395990.43, East 831079.16, thence

17 running northwesterly about 752.85 feet to a point,

18 North 396722.80, East 830904.76, thence running

19 northwesterly about 222.79 feet to a point along the

20 west limit of the existing project, North 396844.34,

21 East 830718.04, thence running southwesterly about

22 33.72 feet along the west limit of the existing

23 project to a point, North 396810.80, East

24 830714.57, thence running southeasterly about

25 195.42 feet along the west limit of the existing
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1 project to a point, North 396704.19, East

2 830878.35, thence running about 544.66 feet along

3 the west limit of the existing project to a point,

4 North 396174.35, East 831004.52, thence running

5 southeasterly about 198.49 feet along the west limit

6 of the existing project to the point of beginning.

7 (8) NEW BEDFORD AND FAIRHAVEN HARBOR,

8 MASSACHUSETTS.—The following portions of the

9 project for navigation, New Bedford and Fairhaven

10 Harbor, Massachusetts:

11 (A) A portion of the 25-foot spur channel

12 leading to the west of Fish Island, authorized

13 by the River and Harbor Act of 3 March 1909,

14 beginning at a point with coordinates

15 N232,173.77, E758,791.32, thence running

16 south 27 degrees 36 minutes 52.8 seconds west

17 38.2 feet to a point N232,139.91, E758,773.61,

18 thence running south 87 degrees 35 minutes

19 31.6 seconds west 196.84 feet to a point

20 N232,131.64, E758,576.94, thence running

21 north 47 degrees 47 minutes 48.4 seconds west

22 502.72 feet to a point N232,469.35,

23 E758,204.54, thence running north 10 degrees

24 10 minutes 20.3 seconds west 438.88 feet to a

25 point N232,901.33, E758,127.03, thence run-
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1 ning north 79 degrees 49 minutes 43.1 seconds

2 east 121.69 feet to a point N232,922.82,

3 E758,246.81, thence running south 04 degrees

4 29 minutes 17.6 seconds east 52.52 feet to a

5 point N232,870.46, E758,250.92, thence run6 ning south 23 degrees 56 minutes 11.2 seconds

7 east 49.15 feet to a point N323,825.54,

8 E758,270.86, thence running south 79 degrees

9 49 minutes 27.0 seconds west 88.19 feet to a

10 point N232,809.96, E758,184.06, thence run11 ning south 10 degrees 10 minutes 25.7 seconds

12 east 314.83 feet to a point N232,500.08,

13 E758,239.67, thence running south 56 degrees

14 33 minutes 56.1 seconds east 583.07 feet to a

15 point N232,178.82, E758,726.25, thence run16 ning south 85 degrees 33 minutes 16.0 seconds

17 east to the point of origin.

18 (B) A portion of the 30-foot west maneu19 vering basin, authorized by the River and Har20 bor Act of 3 July 1930, beginning at a point

21 with coordinates N232,139.91, E758,773.61,

22 thence running north 81 degrees 49 minutes

23 30.1 seconds east 160.76 feet to a point

24 N232,162.77, E758.932.74, thence running

25 north 85 degrees 33 minutes 16.0 seconds west
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1 141.85 feet to a point N232,173.77,

2 E758,791.32, thence running south 27 degrees

3 36 minutes 52.8 seconds west to the point of

4 origin.

5 (b) ANCHORAGE AREA, CLINTON HARBOR, CON6 NECTICUT.—That portion of the Clinton Harbor, Con7 necticut, navigation project referred to in subsection

8 (a)(2) beginning at a point beginning: N158,444.58,

9 E660,220.95, thence running north 79 degrees 37 min10 utes 14 seconds east 833.31 feet to a point N158,594.72,

11 E661,040.67, thence running south 80 degrees 51 min12 utes 53 seconds east 181.21 feet to a point N158,565.95,

13 E661,219.58, thence running north 57 degrees 38 min14 utes 04 seconds west 126.02 feet to a point N158,633.41,

15 E660,113.14, thence running south 79 degrees 37 min16 utes 14 seconds west 911.61 feet to a point N158,469.17,

17 E660,216.44, thence running south 10 degrees 22 min18 utes 46 seconds east 25 feet returning to a point

19 N158,444.58, E660,220.95 is redesignated as an anchor20 age area.

21 (c) ANCHORAGE AREA, GREEN HARBOR, MASSACHU22 SETTS.—The portion of the Green Harbor, Massachusetts,

23 navigation project referred to in subsection (a)(7) con24 sisting of a 6-foot deep channel that lies northerly of a

25 line whose coordinates are North 394825.00, East
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1 831660.00 and North 394779.28, East 831570.64 is re2 designated as an anchorage area.

3 SEC. 365. AMERICAN AND SACRAMENTO RIVERS, CALI4 FORNIA.

5 (a) IN GENERAL.—The project for flood damage re6 duction, American and Sacramento Rivers, California, au7 thorized by section 101(a)(1) of the Water Resources De8 velopment Act of 1996 (110 Stat. 3662–3663), is modified

9 to direct the Secretary to include the following improve10 ments as part of the overall project:

11 (1) Raising the left bank of the non-Federal

12 levee upstream of the Mayhew Drain for a distance

13 of 4,500 feet by an average of 2.5 feet.

14 (2) Raising the right bank of the American

15 River levee from 1,500 feet upstream to 4,000 feet

16 downstream of the Howe Avenue bridge by an aver17 age of 1 feet.

18 (3) Modifying the south levee of the Natomas

19 Cross Canal for a distance of 5 miles to ensure that

20 the south levee is consistent with the level of protec21 tion provided by the authorized levee along the east

22 bank of the Sacramento River.

23 (4) Modifying the north levee of the Natomas

24 Cross Canal for a distance of 5 miles to ensure that
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1 the height of the levee is equivalent to the height of

2 the south levee as authorized by paragraph (3).

3 (5) Installing gates to the existing Mayhew

4 Drain culvert and pumps to prevent backup of flood5 water on the Folsom Boulevard side of the gates.

6 (6) Installation of a slurry wall in the north

7 levee of the American River from the east levee of

8 the Natomas east Main Drain upstream for a dis9 tance of approximately 1.2 miles.

10 (7) Installation of a slurry wall in the north

11 levee of the American River from 300 feet west of

12 Jacob Lane north for a distance of approximately 1

13 mile to the end of the existing levee.

14 (b) COST LIMITATIONS.—Section 101(a)(1)(A) of the

15 Water Resources Development Act of 1996 (110 Stat.

16 3662) is amended by striking ‘‘at a total cost of’’ and all

17 that follows through ‘‘$14,225,000,’’ and inserting the fol18 lowing: ‘‘at a total cost of $91,900,000, with an estimated

19 Federal cost of $68,925,000 and an estimated non-Fed20 eral cost of $22,975,000,’’.

21 (c) COST SHARING.—For purposes of section 103 of

22 the Water Resources Development Act of 1986 (33 U.S.C.

23 2213), the modifications authorized by this section shall

24 be subject to the same cost sharing in effect for the project

25 for flood damage reduction, American and Sacramento
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1 Rivers, California, authorized by section 101(a)(1) of the

2 Water Resources Development Act of 1996 (110 Stat.

3 3662).

4 SEC. 366. MARTIN, KENTUCKY.

5 The project for flood control, Martin, Kentucky, au6 thorized by section 202(a) of the Energy and Water Devel7 opment Appropriations Act, 1981 (94 Stat. 1339) is modi8 fied to authorize the Secretary to take all necessary meas9 ures to prevent future losses that would occur from a flood

10 equal in magnitude to a 100-year frequency event.

11 TITLE IV—STUDIES

12 SEC. 401. UPPER MISSISSIPPI AND ILLINOIS RIVERS LEV13 EES AND STREAMBANKS PROTECTION.

14 The Secretary shall conduct a study of erosion dam15 age to levees and infrastructure on the upper Mississippi

16 and Illinois Rivers and the impact of increased barge and

17 pleasure craft traffic on deterioration of levees and other

18 flood control structures on such rivers.

19 SEC. 402. UPPER MISSISSIPPI RIVER COMPREHENSIVE

20 PLAN.

21 (a) DEVELOPMENT.—The Secretary shall develop a

22 plan to address water and related land resources problems

23 and opportunities in the Upper Mississippi and Illinois

24 River Basins, extending from Cairo, Illinois, to the head25 waters of the Mississippi River, in the interest of systemic
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1 flood damage reduction by means of a mixture of struc2 tural and nonstructural flood control and floodplain man3 agement strategies, continued maintenance of the naviga4 tion project, management of bank caving and erosion, wa5 tershed nutrient and sediment management, habitat man6 agement, recreation needs, and other related purposes.

7 (b) CONTENTS.—The plan shall contain rec8 ommendations on future management plans and actions

9 to be carried out by the responsible Federal and non-Fed10 eral entities and shall specifically address recommenda11 tions to authorize construction of a systemic flood control

12 project in accordance with a plan for the Upper Mis13 sissippi River. The plan shall include recommendations for

14 Federal action where appropriate and recommendations

15 for follow-on studies for problem areas for which data or

16 current technology does not allow immediate solutions.

17 (c) CONSULTATION AND USE OF EXISTING DATA.—

18 The Secretary shall consult with appropriate State and

19 Federal agencies and shall make maximum use of existing

20 data and ongoing programs and efforts of States and Fed21 eral agencies in developing the plan.

22 (d) COST SHARING.—Development of the plan under

23 this section shall be at Federal expense. Feasibility studies

24 resulting from development of such plan shall be subject
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1 to cost sharing under section 105 of the Water Resources

2 Development Act of 1986 (33 U.S.C. 2215).

3 (e) REPORT.—The Secretary shall submit a report

4 that includes the comprehensive plan to the Committee on

5 Transportation and Infrastructure of the House of Rep6 resentatives and the Committee on Environment and Pub7 lic Works of the Senate not later than 3 years after the

8 date of enactment of this Act.

9 SEC. 403. EL DORADO, UNION COUNTY, ARKANSAS.

10 The Secretary shall conduct a study to determine the

11 feasibility of improvements to regional water supplies for

12 El Dorado, Union County, Arkansas.

13 SEC. 404. SWEETWATER RESERVOIR, SAN DIEGO COUNTY,

14 CALIFORNIA.

15 The Secretary shall conduct a study of the potential

16 water quality problems and pollution abatement measures

17 in the watershed in and around Sweetwater Reservoir, San

18 Diego County, California.

19 SEC. 405. WHITEWATER RIVER BASIN, CALIFORNIA.

20 The Secretary shall undertake and complete a feasi21 bility study for flood damage reduction in the Whitewater

22 River basin, California, and, based upon the results of

23 such study, give priority consideration to including the

24 recommended project, including the Salton Sea wetlands

25 restoration project, in the flood mitigation and riverine
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1 restoration pilot program authorized in section 214 of this

2 Act.

3 SEC. 406. LITTLE ECONLACKHATCHEE RIVER BASIN, FLOR4 IDA.

5 The Secretary shall conduct a study of pollution

6 abatement measures in the Little Econlackhatchee River

7 basin, Florida.

8 SEC. 407. PORT EVERGLADES INLET, FLORIDA.

9 The Secretary shall conduct a study to determine the

10 feasibility of carrying out a sand bypass project at Port

11 Everglades Inlet, Florida.

12 SEC. 408. UPPER DES PLAINES RIVER AND TRIBUTARIES,

13 ILLINOIS AND WISCONSIN.

14 (a) IN GENERAL.—The Secretary is directed to con15 duct a study of the upper Des Plaines River and tribu16 taries, Illinois and Wisconsin, upstream of the confluence

17 with Salt Creek at Riverside, Illinois, to determine the fea18 sibility of improvements in the interests of flood damage

19 reduction, environmental restoration and protection, water

20 quality, recreation, and related purposes.

21 (b) SPECIAL RULE.—In conducting the study, the

22 Secretary may not exclude from consideration and evalua23 tion flood damage reduction measures based on restrictive

24 policies regarding the frequency of flooding, drainage area,

25 and amount of runoff.
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1 SEC. 409. CAMERON PARISH WEST OF CALCASIEU RIVER,

2 LOUISIANA.

3 The Secretary shall conduct a study to determine the

4 feasibility of carrying out a project for storm damage re5 duction and environmental restoration, Cameron Parish

6 west of Calcasieu River, Louisiana.

7 SEC. 410. GRAND ISLE AND VICINITY, LOUISIANA.

8 In carrying out a study of the storm damage reduc9 tion benefits to Grand Isle and vicinity, Louisiana, the

10 Secretary shall include benefits that a storm damage re11 duction project for Grand Isle and vicinity, Louisiana, may

12 have on the mainland coast of Louisiana as project bene13 fits attributable to the Grand Isle project.

14 SEC. 411. LAKE PONTCHARTRAIN SEAWALL, LOUISIANA.

15 (a) IN GENERAL.—The Secretary shall complete a

16 post-authorization change report on the project for hurri17 cane-flood protection, Lake Pontchartrain, Louisiana, and

18 vicinity, authorized by section 204 of the Flood Control

19 Act of 1965 (79 Stat. 1077), to incorporate and accom20 plish structural modifications to the seawall fronting pro21 tection along the south shore of Lake Pontchartrain from

22 the New Basin Canal on the west to the Inner harbor

23 Navigation Canal on the east.

24 (b) REPORT.—The Secretary shall ensure expeditious

25 completion of the post-authorization change report re-
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1 quired by subsection (a) not later than 180 days after the

2 date of enactment of this section.

3 SEC. 412. WESTPORT, MASSACHUSETTS.

4 The Secretary shall conduct a study to determine the

5 feasibility of carrying out a navigation project for the town

6 of Westport, Massachusetts, and the possible beneficial

7 uses of dredged material for shoreline protection and

8 storm damage reduction in the area. In determining the

9 benefits of the project, the Secretary shall include the ben10 efits derived from using dredged material for shoreline

11 protection and storm damage reduction.

12 SEC. 413. SOUTHWEST VALLEY, ALBUQUERQUE, NEW MEX13 ICO.

14 The Secretary shall undertake and complete a feasi15 bility study for flood damage reduction in the Southwest

16 Valley, Albuquerque, New Mexico, and, based upon the re17 sults of such study, give priority consideration to including

18 the recommended project in the flood mitigation and

19 riverine restoration pilot program authorized in section

20 214 of this Act.

21 SEC. 414. CAYUGA CREEK, NEW YORK.

22 The Secretary shall conduct a study to determine the

23 feasibility of carrying out a project for flood control for

24 Cayuga Creek, New York.
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1 SEC. 415. ARCOLA CREEK WATERSHED, MADISON, OHIO.

2 The Secretary shall conduct a study to determine the

3 feasibility of a project to provide environmental restoration

4 and protection for the Arcola Creek watershed, Madison,

5 Ohio.

6 SEC. 416. WESTERN LAKE ERIE BASIN, OHIO, INDIANA, AND

7 MICHIGAN.

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

9 study to develop measures to improve flood control, navi10 gation, water quality, recreation, and fish and wildlife

11 habitat in a comprehensive manner in the western Lake

12 Erie basin, Ohio, Indiana, and Michigan, including water13 sheds of the Maumee, Ottawa, and Portage Rivers.

14 (b) COOPERATION.—In carrying out the study, the

15 Secretary shall cooperate with interested Federal, State,

16 and local agencies and nongovernmental organizations and

17 consider all relevant programs of such agencies.

18 (c) REPORT.—Not later than 1 year after the date

19 of enactment of this Act, the Secretary shall submit to

20 Congress a report on the results of the study, including

21 findings and recommendations.

22 SEC. 417. SCHUYLKILL RIVER, NORRISTOWN, PENNSYL23 VANIA.

24 The Secretary shall conduct a study to determine the

25 feasibility of carrying out a project for flood control for
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1 Schuylkill River, Norristown, Pennsylvania, including im2 provement to existing stormwater drainage systems.

3 SEC. 418. LAKES MARION AND MOULTRIE, SOUTH CARO4 LINA.

5 The Secretary shall conduct a study to determine the

6 feasibility of carrying out a project for Lakes Marion and

7 Moultrie to provide water supply, treatment, and distribu8 tion to Calhoun, Clarendon, Colleton, Dorchester, Orange9 burg, and Sumter Counties, South Carolina.

10 SEC. 419. DAY COUNTY, SOUTH DAKOTA.

11 The Secretary shall conduct an investigation of flood12 ing and other water resources problems between the

13 James River and Big Sioux watersheds in South Dakota

14 and an assessment of flood damage reduction needs of the

15 area.

16 SEC. 420. CORPUS CHRISTI, TEXAS.

17 The Secretary shall include, as part of the study au18 thorized in a resolution of the Committee on Public Works

19 and Transportation of the House of Representatives,

20 dated August 1, 1990, a review of two 175-foot-wide barge

21 shelves on either side of the navigation channel at the Port

22 of Corpus Christi, Texas.
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1 SEC. 421. MITCHELL’S CUT CHANNEL (CANEY FORK CUT),

2 TEXAS.

3 The Secretary shall conduct a study to determine the

4 feasibility of carrying out a project for navigation, Mitch5 ell’s Cut Channel (Caney Fork Cut), Texas.

6 SEC. 422. MOUTH OF COLORADO RIVER, TEXAS.

7 The Secretary shall conduct a study to determine the

8 feasibility of carrying out a project for navigation at the

9 mouth of the Colorado River, Texas, to provide a min10 imum draft navigation channel extending from the Colo11 rado River through Parkers Cut (also known as ‘‘Tiger

12 Island Cut’’), or an acceptable alternative, to Matagorda

13 Bay.

14 SEC. 423. KANAWHA RIVER, FAYETTE COUNTY, WEST VIR15 GINIA.

16 The Secretary shall conduct a study to determine the

17 feasibility of developing a public port along the Kanawha

18 River in Fayette County, West Virginia, at a site known

19 as ‘‘Longacre’’.

20 SEC. 424. WEST VIRGINIA PORTS.

21 The Secretary shall conduct a study to determine the

22 feasibility of expanding public port development in West

23 Virginia along the Ohio River and navigable portion of the

24 Kanawha River from its mouth to river mile 91.0.
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1 SEC. 425. GREAT LAKES REGION COMPREHENSIVE STUDY.

2 (a) STUDY.—The Secretary shall conduct a com3 prehensive study of the Great Lakes region to ensure the

4 future use, management, and protection of water and re5 lated resources of the Great Lakes basin. Such study shall

6 include a comprehensive management plan specifically for

7 St. Clair River and Lake St. Clair.

8 (b) REPORT.—Not later than 4 years after the date

9 of enactment of this Act, the Secretary shall submit to

10 the Committee on Transportation and Infrastructure of

11 the House of Representatives and the Committee on Envi12 ronment and Public Works of the Senate a report that

13 includes the strategic plan for Corps of Engineers pro14 grams in the Great Lakes basin and details of proposed

15 Corps of Engineers environmental, navigation, and flood

16 damage reduction projects in the region.

17 (c) AUTHORIZATION OF APPROPRIATIONS.—There is

18 authorized to be appropriated to carry out this section

19 $1,200,000 for fiscal years 2000 through 2003.

20 SEC. 426. NUTRIENT LOADING RESULTING FROM DREDGED

21 MATERIAL DISPOSAL.

22 (a) STUDY.—The Secretary shall conduct a study of

23 nutrient loading that occurs as a result of discharges of

24 dredged material into open-water sites in the Chesapeake

25 Bay.
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1 (b) REPORT.—Not later than 18 months after the

2 date of enactment of this Act, the Secretary shall transmit

3 to Congress a report on the results of the study.

4 TITLE V—MISCELLANEOUS

5 PROVISIONS

6 SEC. 501. CORPS ASSUMPTION OF NRCS PROJECTS.

7 (a) LLAGAS CREEK, CALIFORNIA.—The Secretary is

8 authorized to complete the remaining reaches of the Nat9 ural Resources Conservation Service’s flood control project

10 at Llagas Creek, California, undertaken pursuant to sec11 tion 5 of the Watershed Protection and Flood Prevention

12 Act (16 U.S.C. 1005), substantially in accordance with the

13 Natural Resources Conservation Service watershed plan

14 for Llagas Creek, Department of Agriculture, and in ac15 cordance with the requirements of local cooperation as

16 specified in section 4 of such Act, at a total cost of

17 $45,000,000, with an estimated Federal cost of

18 $21,800,000 and an estimated non-Federal cost of

19 $23,200,000.

20 (b) THORNTON RESERVOIR, COOK COUNTY, ILLI21 NOIS.—

22 (1) IN GENERAL.—The Thornton Reservoir

23 project, an element of the project for flood control,

24 Chicagoland Underflow Plan, Illinois, authorized by

25 section 3(a)(5) of the Water Resources Development
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1 Act of 1988 (102 Stat. 4013), is modified to author2 ize the Secretary to include additional permanent

3 flood control storage attributable to the Natural Re4 sources Conservation Service Thornton Reservoir

5 (Structure 84), Little Calumet River Watershed, Illi6 nois, approved under the Watershed Protection and

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

8 (2) COST SHARING.—Costs for the Thornton

9 Reservoir project shall be shared in accordance with

10 section 103 of the Water Resources Development

11 Act of 1986 (33 U.S.C. 2213).

12 (3) TRANSITIONAL STORAGE.—The Secretary of

13 Agriculture may cooperate with non-Federal inter14 ests to provide, on a transitional basis, flood control

15 storage for the Natural Resources Conservation

16 Service Thornton Reservoir (Structure 84) in the

17 west lobe of the Thornton quarry in advance of

18 Corps’ construction.

19 (4) CREDITING.—The Secretary may credit

20 against the non-Federal share of the Thornton Res21 ervoir project all design, lands, easements, rights-of22 way (as of the date of authorization), and construc23 tion costs incurred by the non-Federal interests be24 fore the signing of the project cooperation agree25 ment.
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1 (5) REEVALUATION REPORT.—The Secretary

2 shall determine the credits authorized by paragraph

3 (4) that are integral to the Thornton Reservoir

4 project and the current total project costs based on

5 a limited reevaluation report.

6 SEC. 502. CONSTRUCTION ASSISTANCE.

7 Section 219(e) of the Water Resources Development

8 Act of 1992 (106 Stat. 4836–4837) is amended by strik9 ing paragraphs (5) and (6) and inserting the following:

10 ‘‘(5) $25,000,000 for the project described in

11 subsection (c)(2);

12 ‘‘(6) $20,000,000 for the project described in

13 subsection (c)(9);

14 ‘‘(7) $30,000,000 for the project described in

15 subsection (c)(16); and

16 ‘‘(8) $30,000,000 for the project described in

17 subsection (c)(17).’’.

18 SEC. 503. CONTAMINATED SEDIMENT DREDGING TECH19 NOLOGY.

20 (a) CONTAMINATED SEDIMENT DREDGING

21 PROJECT.—

22 (1) REVIEW.—The Secretary shall conduct a re23 view of innovative dredging technologies designed to

24 minimize or eliminate contamination of a water col25 umn upon removal of contaminated sediments. The
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1 Secretary shall complete such review by June 1,

2 2001.

3 (2) TESTING.—After completion of the review

4 under paragraph (1), the Secretary shall select the

5 technology of those reviewed that the Secretary de6 termines will increase the effectiveness of removing

7 contaminated sediments and significantly reduce

8 contamination of the water column. Not later than

9 December 31, 2001, the Secretary shall enter into

10 an agreement with a public or private entity to test

11 such technology in the vicinity of Peoria Lakes, Illi12 nois.

13 (b) AUTHORIZATION OF APPROPRIATIONS.—There is

14 authorized to be appropriated to carry out this section

15 $2,000,000.

16 SEC. 504. DAM SAFETY.

17 (a) ASSISTANCE.—The Secretary is authorized to

18 provide assistance to enhance dam safety at the following

19 locations:

20 (1) Healdsburg Veteran’s Memorial Dam, Cali21 fornia

22 (2) Deep River Dam, Lake Station, Indiana

23 (3) Felix Dam, Pennsylvania

24 (4) Kehly Run Dam, Pennsylvania

25 (5) Owl Creek Reservoir, Pennsylvania
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1 (6) Sweet Arrow Lake Dam, Pennsylvania

2 (b) AUTHORIZATION OF APPROPRIATIONS.—There is

3 authorized to be appropriated $6,000,000 to carry out this

4 section.

5 SEC. 505. GREAT LAKES REMEDIAL ACTION PLANS.

6 Section 401(a)(2) of the Water Resources Develop7 ment Act of 1990 (110 Stat. 3763) is amended by adding

8 at the end the following: ‘‘Nonprofit public or private enti9 ties may contribute all or a portion of the non-Federal

10 share.’’.

11 SEC. 506. SEA LAMPREY CONTROL MEASURES IN THE

12 GREAT LAKES.

13 (a) IN GENERAL.—In conjunction with the Great

14 Lakes Fishery Commission, the Secretary is authorized to

15 undertake a program for the control of sea lampreys in

16 and around waters of the Great Lakes. The program un17 dertaken pursuant to this section may include projects

18 which consist of either structural or nonstructural meas19 ures or a combination thereof.

20 (b) COST SHARING.—Projects carried out under this

21 section on lands owned by the United States shall be car22 ried out at full Federal expense. The non-Federal share

23 of the cost of any such project undertaken on lands not

24 in Federal ownership shall be 35 percent.
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1 (c) NON-FEDERAL INTERESTS.—Notwithstanding

2 section 221(b) of the Flood Control Act of 1970 (42

3 U.S.C. 1962d–5b(b)), the Secretary, after coordination

4 with the appropriate State and local government officials

5 having jurisdiction over an area in which a project under

6 this section will be carried out, may allow a nonprofit enti7 ty to serve as the non-Federal interest for the project.

8 (d) AUTHORIZATION OF APPROPRIATIONS.—There is

9 authorized to be appropriated to carry out this section

10 $2,000,000 for each of fiscal years 2000 through 2005.

11 SEC. 507. MAINTENANCE OF NAVIGATION CHANNELS.

12 Section 509(a) of the Water Resources Development

13 Act of 1996 (110 Stat. 3759) is amended by adding at

14 the end the following:

15 ‘‘(12) Acadiana Navigation Channel, Louisiana.

16 ‘‘(13) Contraband Bayou, Louisiana, as part of

17 the Calcasieu River and Pass Ship Channel.

18 ‘‘(14) Lake Wallula Navigation Channel, Wash19 ington.

20 ‘‘(15) Wadley Pass (also known as McGriff

21 Pass), Suwanee River, Florida.’’.

22 SEC. 508. MEASUREMENT OF LAKE MICHIGAN DIVERSIONS.

23 Section 1142(b) of the Water Resources Development

24 Act of 1986 (42 U.S.C. 1962d–20 note; 100 Stat. 4253)
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1 is amended by striking ‘‘$250,000’’ and inserting

2 ‘‘$1,250,000’’.

3 SEC. 509. UPPER MISSISSIPPI RIVER ENVIRONMENTAL

4 MANAGEMENT PROGRAM.

5 (a) AUTHORIZED ACTIVITIES.—Section 1103(e)(1) of

6 the Water Resources Development Act of 1986 (33 U.S.C.

7 652(e)(1)) is amended—

8 (1) by inserting ‘‘and’’ at the end of subpara9 graph (A);

10 (2) in subparagraph (B) by striking ‘‘long-term

11 resource monitoring program; and’’ and inserting

12 ‘‘long-term resource monitoring, computerized data

13 inventory and analysis, and applied research pro14 gram.’’; and

15 (3) by striking subparagraph (C) and inserting

16 the following:

17 ‘‘In carrying out subparagraph (A), the Secretary shall es18 tablish an independent technical advisory committee to re19 view projects, monitoring plans, and habitat and natural

20 resource needs assessments.’’.

21 (b) REPORTS.—Section 1103(e)(2) of such Act (33

22 U.S.C. 652(e)(2)) is amended to read as follows:

23 ‘‘(2) REPORTS.—Not later than December 31,

24 2004, and not later than December 31st of every

25 sixth year thereafter, the Secretary, in consultation
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1 with the Secretary of the Interior and the States of

2 Illinois, Iowa, Minnesota, Missouri, and Wisconsin,

3 shall transmit to Congress a report that—

4 ‘‘(A) contains an evaluation of the pro5 grams described in paragraph (1);

6 ‘‘(B) describes the accomplishments of

7 each of such programs;

8 ‘‘(C) provides updates of a systemic habi9 tat needs assessment; and

10 ‘‘(D) identifies any needed adjustments in

11 the authorization.’’.

12 (c) AUTHORIZATION OF APPROPRIATIONS.—Section

13 1103(e) of such Act (33 U.S.C. 652(e)) is amended—

14 (1) in paragraph (3) by striking ‘‘not to ex15 ceed’’ and all that follows before the period at the

16 end and inserting ‘‘$22,750,000 for fiscal year 1999

17 and each fiscal year thereafter’’;

18 (2) in paragraph (4) by striking ‘‘not to ex19 ceed’’ and all that follows before the period at the

20 end and inserting ‘‘$10,420,000’’ for fiscal year

21 1999 and each fiscal year thereafter’’; and

22 (3) by striking paragraph (5) and inserting the

23 following:

24 ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.—

25 There is authorized to be appropriated to carry out
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1 paragraph (1)(A) $350,000 for each of fiscal years

2 1999 through 2009.’’.

3 (d) TRANSFER OF AMOUNTS.—Section 1103(e)(6) of

4 such Act is amended to read as follows:

5 ‘‘(6) TRANSFER OF AMOUNTS.—For fiscal year

6 1999, and each fiscal year thereafter, the Secretary,

7 in consultation with the Secretary of the Interior

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

9 and Wisconsin, may transfer not to exceed 20 per10 cent of the amounts appropriated to carry out sub11 paragraph (A) or (B) of paragraph (1) to the

12 amounts appropriated to carry out the other of such

13 subparagraphs.’’.

14 (e) HABITAT NEEDS ASSESSMENT.—Section

15 1103(h)(2) of such Act (33 U.S.C. 652(h)(2)) is amended

16 by adding at the end the following: ‘‘The Secretary shall

17 complete the on-going habitat needs assessment conducted

18 under this paragraph not later than September 30, 2000,

19 and shall include in each report required by subsection

20 (e)(2) the most recent habitat needs assessment conducted

21 under this paragraph.’’.

22 (f) CONFORMING AMENDMENTS.—Section 1103 of

23 such Act (33 U.S.C. 652) is amended—
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1 (1) in subsection (e)(7) by striking ‘‘paragraphs

2 (1)(B) and (1)(C)’’ and inserting ‘‘paragraph

3 (1)(B)’’; and

4 (2) in subsection (f)(2)—

5 (A) by striking ‘‘(2)(A)’’ and inserting

6 ‘‘(2)’’; and

7 (B) by striking subparagraph (B).

8 SEC. 510. ATLANTIC COAST OF NEW YORK MONITORING.

9 Section 404(c) of the Water Resources Development

10 Act of 1992 (106 Stat. 4863) is amended by striking

11 ‘‘1993, 1994, 1995, 1996, and 1997’’ and inserting ‘‘1993

12 through 2003’’.

13 SEC. 511. WATER CONTROL MANAGEMENT.

14 (a) IN GENERAL.—In evaluating potential improve15 ments for water control management activities and con16 solidation of water control management centers, the Sec17 retary may consider a regionalized water control manage18 ment plan but may not implement such a plan until the

19 date on which a report is transmitted under subsection

20 (b).

21 (b) REPORT.—Not later than 180 days after the date

22 of enactment of this Act, the Secretary shall transmit to

23 the Committee on Transportation and Infrastructure and

24 the Committee on Appropriations of the House of Rep25 resentatives and the Committee on Environment and Pub-
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1 lic Works and the Committee on Appropriations of the

2 Senate a report containing the following:

3 (1) A description of the primary objectives of

4 streamlining water control management activities.

5 (2) A description of the benefits provided by

6 streamlining water control management activities

7 through consolidation of centers for such activities.

8 (3) A determination of whether or not benefits

9 to users of regional water control management cen10 ters will be retained in each district office of the

11 Corps of Engineers that does not have a regional

12 center.

13 (4) A determination of whether or not users of

14 such regional centers will receive a higher level of

15 benefits from streamlining water management con16 trol management activities.

17 (5) A list of the Members of Congress who rep18 resent a district that currently includes a water con19 trol management center that is to be eliminated

20 under a proposed regionalized plan.

21 SEC. 512. BENEFICIAL USE OF DREDGED MATERIAL.

22 The Secretary is authorized to carry out the following

23 projects under section 204 of the Water Resources Devel24 opment Act of 1992 (33 U.S.C. 2326):
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1 (1) BODEGA BAY, CALIFORNIA.—A project to

2 make beneficial use of dredged materials from a

3 Federal navigation project in Bodega Bay, Cali4 fornia.

5 (2) SABINE REFUGE, LOUISIANA.—A project to

6 make beneficial use of dredged materials from Fed7 eral navigation projects in the vicinity of Sabine Ref8 uge, Louisiana.

9 (3) HANCOCK, HARRISON, AND JACKSON COUN10 TIES, MISSISSIPPI.—A project to make beneficial use

11 of dredged material from a Federal navigation

12 project in Hancock, Harrison, and Jackson Coun13 ties, Mississippi.

14 (4) ROSE CITY MARSH, ORANGE COUNTY,

15 TEXAS.—A project to make beneficial use of dredged

16 material from a Federal navigation project in Rose

17 City Marsh, Orange County, Texas.

18 (5) BESSIE HEIGHTS MARSH, ORANGE COUNTY,

19 TEXAS.—A project to make beneficial use of dredged

20 material from a Federal navigation project in Bessie

21 Heights Marsh, Orange County, Texas.

22 SEC. 513. DESIGN AND CONSTRUCTION ASSISTANCE.

23 Section 507(2) of the Water Resources Development

24 Act of 1996 (110 Stat. 3758) is amended to read as fol25 lows:
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1 ‘‘(2) Expansion and improvement of Long Pine

2 Run Dam and associated water infrastructure in ac3 cordance with the requirements of subsections (b)

4 through (e) of section 313 of the Water Resources

5 Development Act of 1992 (106 Stat. 4845) at a

6 total cost of $20,000,000.’’.

7 SEC. 514. LOWER MISSOURI RIVER AQUATIC RESTORATION

8 PROJECTS.

9 (a) IN GENERAL.—Not later than 1 year after funds

10 are made available for such purposes, the Secretary shall

11 complete a comprehensive report—

12 (1) identifying a general implementation strat13 egy and overall plan for environmental restoration

14 and protection along the Lower Missouri River be15 tween Gavins Point Dam and the confluence of the

16 Missouri and Mississippi Rivers; and

17 (2) recommending individual environmental res18 toration projects that can be considered by the Sec19 retary for implementation under section 206 of the

20 Water Resources Development Act of 1996 (33

21 U.S.C. 2330; 110 Stat. 3679–3680).

22 (b) SCOPE OF PROJECTS.—Any environmental res23 toration projects recommended under subsection (a) shall

24 provide for such activities and measures as the Secretary

25 determines to be necessary to protect and restore fish and
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1 wildlife habitat without adversely affecting private prop2 erty rights or water related needs of the region sur3 rounding the Missouri River, including flood control, navi4 gation, and enhancement of water supply, and shall in5 clude some or all of the following components:

6 (1) Modification and improvement of navigation

7 training structures to protect and restore fish and

8 wildlife habitat.

9 (2) Modification and creation of side channels

10 to protect and restore fish and wildlife habitat.

11 (3) Restoration and creation of fish and wildlife

12 habitat.

13 (4) Physical and biological monitoring for eval14 uating the success of the projects.

15 (c) COORDINATION.—To the maximum extent prac16 ticable, the Secretary shall integrate projects carried out

17 in accordance with this section with other Federal, tribal,

18 and State restoration activities.

19 (d) COST SHARING.—The report under subsection (a)

20 shall be undertaken at full Federal expense.

21 SEC. 515. AQUATIC RESOURCES RESTORATION IN THE

22 NORTHWEST.

23 (a) IN GENERAL.—In cooperation with other Federal

24 agencies, the Secretary is authorized to develop and imple25 ment projects for fish screens, fish passage devices, and
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1 other similar measures agreed to by non-Federal interests

2 and relevant Federal agencies to mitigate adverse impacts

3 associated with irrigation system water diversions by local

4 governmental entities in the States of Oregon, Wash5 ington, Montana, and Idaho.

6 (b) PROCEDURE AND PARTICIPATION.—

7 (1) CONSULTATION REQUIREMENT; USE OF EX8 ISTING DATA.—In providing assistance under sub9 section (a), the Secretary shall consult with other

10 Federal, State, and local agencies and make max11 imum use of data and studies in existence on the

12 date of enactment of this Act.

13 (2) PARTICIPATION BY NON-FEDERAL INTER14 ESTS.—Participation by non-Federal interests in

15 projects under this section shall be voluntary. The

16 Secretary shall not take any action under this sec17 tion that will result in a non-Federal interest being

18 held financially responsible for an action under a

19 project unless the non-Federal interest has volun20 tarily agreed to participate in the project.

21 (c) COST SHARING.—Projects carried out under this

22 section on lands owned by the United States shall be car23 ried out at full Federal expense. The non-Federal share

24 of the cost of any such project undertaken on lands not

25 in Federal ownership shall be 35 percent.
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1 (d) AUTHORIZATION OF APPROPRIATIONS.—There is

2 authorized to be appropriated to carry out this section

3 $10,000,000 for fiscal years beginning after September

4 30, 1999.

5 SEC. 516. INNOVATIVE TECHNOLOGIES FOR WATERSHED

6 RESTORATION.

7 The Secretary shall use, and encourage the use of,

8 innovative treatment technologies, including membrane

9 technologies, for watershed and environmental restoration

10 and protection projects involving water quality.

11 SEC. 517. ENVIRONMENTAL RESTORATION.

12 (a) ATLANTA, GEORGIA.—Section 219(c)(2) of the

13 Water Resources Development Act of 1992 (106 Stat.

14 4835) is amended by inserting before the period ‘‘and wa15 tershed restoration and development in the regional At16 lanta watershed, including Big Creek and Rock Creek’’.

17 (b) PATERSON AND PASSAIC VALLEY, NEW JER18 SEY.—Section 219(c)(9) of such Act (106 Stat. 4836) is

19 amended to read as follows:

20 ‘‘(9) PATERSON, PASSAIC COUNTY, AND PAS21 SAIC VALLEY, NEW JERSEY.—Drainage facilities to

22 alleviate flooding problems on Getty Avenue in the

23 vicinity of St. Joseph’s Hospital for the City of

24 Paterson, New Jersey, and Passaic County, New

25 Jersey, and innovative facilities to manage and treat
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1 additional flows in the Passaic Valley, Passaic River

2 basin, New Jersey.’’.

3 SEC. 518. EXPEDITED CONSIDERATION OF CERTAIN

4 PROJECTS.

5 The Secretary shall expedite completion of the re6 ports for the following projects and proceed directly to

7 project planning, engineering, and design:

8 (1) Arroyo Pasajero, San Joaquin River basin,

9 California, project for flood control.

10 (2) Success Dam, Tule River, California,

11 project for flood control and water supply.

12 (3) Alafia Channel, Tampa Harbor, Florida,

13 project for navigation.

14 SEC. 519. DOG RIVER, ALABAMA.

15 (a) IN GENERAL.—The Secretary is authorized to es16 tablish, in cooperation with non-Federal interests, a pilot

17 project to restore natural water depths in the Dog River,

18 Alabama, between its mouth and the Interstate Route 10

19 crossing, and in the downstream portion of its principal

20 tributaries.

21 (b) FORM OF ASSISTANCE.—Assistance provided

22 under subsection (a) shall be in the form of design and

23 construction of water-related resource protection and de24 velopment projects affecting the Dog River, including envi25 ronmental restoration and recreational navigation.
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1 (c) NON-FEDERAL SHARE.—The non-Federal share

2 of the cost of the project carried out with assistance under

3 this section shall be 90 percent.

4 (d) LANDS, EASEMENTS, AND RIGHTS-OF-WAY.—

5 The non-Federal sponsor provide all lands, easements,

6 rights of way, relocations, and dredged material disposal

7 areas including retaining dikes required for the project.

8 (e) OPERATION MAINTENANCE.—The non-Federal

9 share of the cost of operation, maintenance, repair, re10 placement, or rehabilitation of the project carried out with

11 assistance under this section shall be 100 percent.

12 (f) CREDIT TOWARD NON-FEDERAL SHARE.—The

13 value of the lands, easements, rights of way, relocations,

14 and dredged material disposal areas, including retaining

15 dikes, provided by the non-Federal sponsor shall be cred16 ited toward the non-Federal share.

17 SEC. 520. ELBA, ALABAMA.

18 The Secretary is authorized to repair and rehabilitate

19 a levee in the city of Elba, Alabama at a total cost of

20 $12,900,000.

21 SEC. 521. GENEVA, ALABAMA.

22 The Secretary is authorized to repair and rehabilitate

23 a levee in the city of Geneva, Alabama at a total cost of

24 $16,600,000.
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1 SEC. 522. NAVAJO RESERVATION, ARIZONA, NEW MEXICO,

2 AND UTAH.

3 (a) IN GENERAL.—In cooperation with other appro4 priate Federal and local agencies, the Secretary shall un5 dertake a survey of, and provide technical, planning, and

6 design assistance for, watershed management, restoration,

7 and development on the Navajo Indian Reservation, Ari8 zona, New Mexico, and Utah.

9 (b) COST SHARING.—The Federal share of the cost

10 of activities carried out under this section shall be 75 per11 cent. Funds made available under the Indian Self-Deter12 mination and Education Assistance Act (25 U.S.C. 450

13 et seq.) may be used by the Navajo Nation in meeting

14 the non-Federal share of the cost of such activities.

15 (c) AUTHORIZATION OF APPROPRIATIONS.—There is

16 authorized to be appropriated to carry out this section

17 $12,000,000 for fiscal years beginning after September

18 30, 1999.

19 SEC. 523. AUGUSTA AND DEVALLS BLUFF, ARKANSAS.

20 (a) IN GENERAL.—The Secretary is authorized to

21 perform operations, maintenance, and rehabilitation on 37

22 miles of levees in and around Augusta and Devalls Bluff,

23 Arkansas.

24 (b) REIMBURSEMENT.—After performing the oper25 ations, maintenance, and rehabilitation under subsection

26 (a), the Secretary shall seek reimbursement from the Sec-
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1 retary of the Interior of an amount equal to the costs allo2 cated to benefits to a Federal wildlife refuge of such oper3 ations, maintenance, and rehabilitation.

4 SEC. 524. BEAVER LAKE, ARKANSAS.

5 (a) WATER SUPPLY STORAGE REALLOCATION.—The

6 Secretary shall reallocate approximately 31,000 additional

7 acre-feet at Beaver Lake, Arkansas, to water supply stor8 age at no additional cost to the Beaver Water District or

9 the Carroll-Boone Water District above the amount that

10 has already been contracted for. At no time may the bot11 tom of the conservation pool be at an elevation that is

12 less than 1,076 feet NGVD.

13 (b) CONTRACT PRICING.—The contract price for ad14 ditional storage for the Carroll-Boone Water District be15 yond that which is provided for in subsection (a) shall be

16 based on the original construction cost of Beaver Lake and

17 adjusted to the 1998 price level net of inflation between

18 the date of initiation of construction and the date of enact19 ment of this Act.

20 SEC. 525. BEAVER LAKE TROUT PRODUCTION FACILITY, AR21 KANSAS.

22 (a) EXPEDITED CONSTRUCTION.—The Secretary

23 shall construct, under the authority of section 105 of the

24 Water Resources Development Act of 1976 (90 Stat.

25 2921) and section 1135 of the Water Resources Develop-
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1 ment Act of 1986 (100 Stat. 4251–4252), the Beaver

2 Lake trout hatchery as expeditiously as possible, but in

3 no event later than September 30, 2002.

4 (b) MITIGATION PLAN.—Not later than 2 years after

5 the date of enactment of this Act, the Secretary, in con6 junction with the State of Arkansas, shall prepare a plan

7 for the mitigation of effects of the Beaver Dam project

8 on Beaver Lake. Such plan shall provide for construction

9 of the Beaver Lake trout production facility and related

10 facilities.

11 SEC. 526. CHINO DAIRY PRESERVE, CALIFORNIA.

12 (a) TECHNICAL ASSISTANCE.—The Secretary, in co13 ordination with the heads of other Federal agencies, shall

14 provide technical assistance to State and local agencies in

15 the study, design, and implementation of measures for

16 flood damage reduction and environmental restoration and

17 protection in the Santa Ana River watershed, California,

18 with particular emphasis on structural and nonstructural

19 measures in the vicinity of the Chino Dairy Preserve.

20 (b) COMPREHENSIVE STUDY.—The Secretary shall

21 conduct a feasibility study to determine the most cost-ef22 fective plan for flood damage reduction and environmental

23 restoration and protection in the vicinity of the Chino

24 Dairy Preserve, Santa Ana River watershed, Orange

25 County and San Bernardino County, California.
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1 SEC. 527. NOVATO, CALIFORNIA.

2 The Secretary shall carry out a project for flood con3 trol under section 205 of the Flood Control Act of 1948

4 (33 U.S.C. 701s) at Rush Creek, Novato, California.

5 SEC. 528. ORANGE AND SAN DIEGO COUNTIES, CALIFORNIA.

6 The Secretary, in cooperation with local governments,

7 may prepare special area management plans in Orange

8 and San Diego Counties, California, to demonstrate the

9 effectiveness of using such plans to provide information

10 regarding aquatic resources. The Secretary may use such

11 plans in making regulatory decisions and issue permits

12 consistent with such plans.

13 SEC. 529. SALTON SEA, CALIFORNIA.

14 (a) TECHNICAL ASSISTANCE.—The Secretary, in co15 ordination with other Federal agencies, shall provide tech16 nical assistance to Federal, State, and local agencies in

17 the study, design, and implementation of measures for the

18 environmental restoration and protection of the Salton

19 Sea, California.

20 (b) STUDY.—The Secretary, in coordination with

21 other Federal, State, and local agencies, shall conduct a

22 study to determine the most effective plan for the Corps

23 of Engineers to assist in the environmental restoration

24 and protection of the Salton Sea, California.
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1 SEC. 530. SANTA CRUZ HARBOR, CALIFORNIA.

2 The Secretary is authorized to modify the cooperative

3 agreement with the Santa Cruz Port District, California,

4 to reflect unanticipated additional dredging effort and to

5 extend such agreement for 10 years.

6 SEC. 531. POINT BEACH, MILFORD, CONNECTICUT.

7 (a) MAXIMUM FEDERAL EXPENDITURE.—The max8 imum amount of Federal funds that may be expended for

9 the project for hurricane and storm damage reduction,

10 Point Beach, Milford, Connecticut, shall be $3,000,000.

11 (b) REVISION OF PROJECT COOPERATION AGREE12 MENT.—The Secretary shall revise the project cooperation

13 agreement for the project referred to in subsection (a) to

14 take into account the change in the Federal participation

15 in such project.

16 (c) COST SHARING.—Nothing in this section shall be

17 construed to affect any cost-sharing requirement applica18 ble to the project referred to in subsection (a) under sec19 tion 101 of the Water Resources Development Act of 1986

20 (31 U.S.C. 2211).

21 SEC. 532. LOWER ST. JOHNS RIVER BASIN, FLORIDA.

22 (a) COMPUTER MODEL.—

23 (1) IN GENERAL.—The Secretary may apply

24 the computer model developed under the St. Johns

25 River basin feasibility study to assist non-Federal in-
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1 terests in developing strategies for improving water

2 quality in the Lower St. Johns River basin, Florida.

3 (2) COST SHARING.—The non-Federal share of

4 the cost of assistance provided under this subsection

5 shall be 50 percent.

6 (b) TOPOGRAPHIC SURVEY.—The Secretary is au7 thorized to provide 1-foot contour topographic survey

8 maps of the Lower St. Johns River basin, Florida, to non9 Federal interests for analyzing environmental data and es10 tablishing benchmarks for subbasins.

11 SEC. 533. SHORELINE PROTECTION AND ENVIRONMENTAL

12 RESTORATION, LAKE ALLATOONA, GEORGIA.

13 (a) IN GENERAL.—The Secretary, in cooperation

14 with the Administrator of the Environmental Protection

15 Agency, is authorized to carry out the following water-re16 lated environmental restoration and resource protection

17 activities to restore Lake Allatoona and the Etowah River

18 in Georgia:

19 (1) LAKE ALLATOONA/ETOWAH RIVER SHORE20 LINE RESTORATION DESIGN.—Develop pre-construc21 tion design measures to alleviate shoreline erosion

22 and sedimentation problems.

23 (2) LITTLE RIVER ENVIRONMENTAL RESTORA24 TION.—Conduct a feasibility study to evaluate envi25 ronmental problems and recommending environ-
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1 mental infrastructure restoration measures for the

2 Little River within Lake Allatoona, Georgia.

3 (b) AUTHORIZATION OF APPROPRIATIONS.—There is

4 authorized to be appropriated for fiscal years beginning

5 after September 30, 1999—

6 (1) $850,000 to carry out subsection (a)(1);

7 and

8 (2) $250,000 to carry out subsection (a)(2).

9 SEC. 534. MAYO’S BAR LOCK AND DAM, COOSA RIVER,

10 ROME, GEORGIA.

11 The Secretary is authorized to provide technical as12 sistance, including planning, engineering, and design as13 sistance, for the reconstruction of the Mayo’s Bar Lock

14 and Dam, Coosa River, Rome, Georgia. The non-Federal

15 share of assistance under this section shall be 50 percent.

16 SEC. 535. COMPREHENSIVE FLOOD IMPACT RESPONSE

17 MODELING SYSTEM, CORALVILLE RES18 ERVOIR AND IOWA RIVER WATERSHED, IOWA.

19 (a) IN GENERAL.—The Secretary, in cooperation

20 with the University of Iowa, shall conduct a study and

21 develop a Comprehensive Flood Impact Response Mod22 eling System for Coralville Reservoir and the Iowa River

23 watershed, Iowa.

24 (b) CONTENTS OF STUDY.—The study shall

25 include—
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1 (1) an evaluation of the combined hydrologic,

2 geomorphic, environmental, economic, social, and

3 recreational impacts of operating strategies within

4 the Iowa River watershed;

5 (2) development of an integrated, dynamic flood

6 impact model; and

7 (3) development of a rapid response system to

8 be used during flood and other emergency situations.

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

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

11 transmit to Congress a report containing the results of

12 the study and modeling system together with such rec13 ommendations as the Secretary determines to be appro14 priate.

15 (d) AUTHORIZATION OF APPROPRIATIONS.—There is

16 authorized to be appropriated to carry out this section

17 $900,000 for each of fiscal years 2000 through 2004.

18 SEC. 536. ADDITIONAL CONSTRUCTION ASSISTANCE IN IL19 LINOIS.

20 The Secretary may carry out the project for George21 town, Illinois, and the project for Olney, Illinois, referred

22 to in House Report Number 104–741, accompanying Pub23 lic Law 104–182.
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1 SEC. 537. KANOPOLIS LAKE, KANSAS.

2 (a) WATER STORAGE.—The Secretary shall offer to

3 the State of Kansas the right to purchase water storage

4 in Kanopolis Lake, Kansas, at a price calculated in ac5 cordance with and in a manner consistent with the terms

6 of the memorandum of understanding entitled ‘‘Memo7 randum of Understanding Between the State of Kansas

8 and the U.S. Department of the Army Concerning the

9 Purchase of Municipal and Industrial Water Supply Stor10 age’’, dated December 11, 1985.

11 (b) EFFECTIVE DATE.—For the purposes of this sec12 tion, the effective date of that memorandum of under13 standing shall be deemed to be the date of enactment of

14 this Act.

15 SEC. 538. SOUTHERN AND EASTERN KENTUCKY.

16 Section 531(h) of the Water Resources Development

17 Act of 1996 (110 Stat. 3774) is amended by striking

18 ‘‘$10,000,000’’ and inserting ‘‘$25,000,000’’.

19 SEC. 539. SOUTHEAST LOUISIANA.

20 Section 533(c) of the Water Resources Development

21 Act of 1996 (110 Stat. 3775) is amended by striking

22 ‘‘$100,000,000’’ and inserting ‘‘$200,000,000’’.

23 SEC. 540. SNUG HARBOR, MARYLAND.

24 (a) IN GENERAL.—The Secretary, in coordination

25 with the Director of the Federal Emergency Management

26 Agency, is authorized—
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1 (1) to provide technical assistance to the resi2 dents of Snug Harbor, in the vicinity of Berlin,

3 Maryland, for purposes of flood damage reduction;

4 (2) to conduct a study of a project for non5 structural measures for flood damage reduction in

6 the vicinity of Snug Harbor, Maryland, taking into

7 account the relationship of both the Ocean City Inlet

8 and Assateague Island to the flooding; and

9 (3) after completion of the study, to carry out

10 the project under the authority of section 205 of the

11 Flood Control Act of 1948 (33 U.S.C. 701s).

12 (b) FEMA ASSISTANCE.—The Director, in coordina13 tion with the Secretary and under the authorities of the

14 Robert T. Stafford Disaster Relief and Emergency Assist15 ance Act (42 U.S.C. 5121 note), may provide technical

16 assistance and nonstructural measures for flood damage

17 mitigation in the vicinity of Snug Harbor, Maryland.

18 (c) FEDERAL SHARE.—The Federal share of the cost

19 of assistance under this section shall not exceed

20 $3,000,000. The non-Federal share of such cost shall be

21 determined in accordance with the Water Resources De22 velopment Act of 1986 or the Robert T. Stafford Disaster

23 Relief and Emergency Assistance Act, as appropriate.
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1 SEC. 541. WELCH POINT, ELK RIVER, CECIL COUNTY, AND

2 CHESAPEAKE CITY, MARYLAND.

3 (a) SPILLAGE OF DREDGED MATERIALS.—The Sec4 retary shall carry out a study to determine if the spillage

5 of dredged materials that were removed as part of the

6 project for navigation, Inland Waterway from Delaware

7 River to Chesapeake Bay, Delaware and Maryland, au8 thorized by the first section of the Act of August 30, 1935

9 (49 Stat. 1030), is a significant impediment to vessels

10 transiting the Elk River near Welch Point, Maryland. If

11 the Secretary determines that the spillage is an impedi12 ment to navigation, the Secretary may conduct such

13 dredging as may be required to permit navigation on the

14 river.

15 (b) DAMAGE TO WATER SUPPLY.—The Secretary

16 shall carry out a study to determine if additional com17 pensation is required to fully compensate the city of

18 Chesapeake, Maryland, for damage to the city’s water sup19 ply resulting from dredging of the Chesapeake and Dela20 ware Canal project. If the Secretary determines that such

21 additional compensation is required, the Secretary may

22 provide the compensation to the city of Chesapeake.

23 SEC. 542. WEST VIEW SHORES, CECIL COUNTY, MARYLAND.

24 Not later than 1 year after the date of enactment

25 of this Act, the Secretary shall carry out an investigation

26 of the contamination of the well system in West View
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1 Shores, Cecil County, Maryland. If the Secretary deter2 mines that the disposal site from any Federal navigation

3 project has contributed to the contamination of the wells,

4 the Secretary may provide alternative water supplies, in5 cluding replacement of wells, at full Federal expense.

6 SEC. 543. RESTORATION PROJECTS FOR MARYLAND, PENN7 SYLVANIA, AND WEST VIRGINIA.

8 Section 539 of the Water Resources Development Act

9 of 1996 (110 Stat. 3776–3777) is amended—

10 (1) in subsection (a)(1) by striking ‘‘technical’’;

11 (2) in subsection (a)(1) by inserting ‘‘(or in the

12 case of projects located on lands owned by the

13 United States, to Federal interests)’’ after ‘‘inter14 ests’’;

15 (3) in subsection (a)(3) by inserting ‘‘or in con16 junction’’ after ‘‘consultation’’; and

17 (4) by inserting at the end of subsection (d) the

18 following: ‘‘Funds authorized to be appropriated to

19 carry out section 340 of the Water Resources Devel20 opment Act of 1992 (106 Stat. 4856) are authorized

21 for projects undertaken under subsection

22 (a)(1)(B).’’.
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1 SEC. 544. CAPE COD CANAL RAILROAD BRIDGE, BUZZARDS

2 BAY, MASSACHUSETTS.

3 (a) ALTERNATIVE TRANSPORTATION.—The Sec4 retary is authorized to provide up to $300,000 for alter5 native transportation that may arise as a result of the op6 eration, maintenance, repair, and rehabilitation of the

7 Cape Cod Canal Railroad Bridge.

8 (b) OPERATION AND MAINTENANCE CONTRACT RE9 NEGOTIATION.—Not later than 60 days after the date of

10 enactment of this Act, the Secretary shall enter into nego11 tiation with the owner of the railroad right-of-way for the

12 Cape Cod Canal Railroad Bridge for the purpose of estab13 lishing the rights and responsibities for the operation and

14 maintenance of the Bridge. The Secretary is authorized

15 to include in any new contract the termination of the prior

16 contract numbered ER–W175–ENG–1.

17 SEC. 545. ST. LOUIS, MISSOURI.

18 (a) DEMONSTRATION PROJECT.—The Secretary, in

19 consultation with local officials, shall conduct a dem20 onstration project to improve water quality in the vicinity

21 of St. Louis, Missouri.

22 (b) AUTHORIZATION OF APPROPRIATIONS.—There is

23 authorized to be appropriated $1,700,000 to carry out this

24 section.
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1 SEC. 546. BEAVER BRANCH OF BIG TIMBER CREEK, NEW

2 JERSEY.

3 Upon request of the State of New Jersey or a political

4 subdivision thereof, the Secretary may compile and dis5 seminate information on floods and flood damages, includ6 ing identification of areas subject to inundation by floods,

7 and provide technical assistance regarding floodplain man8 agement for Beaver Branch of Big Timber Creek, New

9 Jersey.

10 SEC. 547. LAKE ONTARIO AND ST. LAWRENCE RIVER WATER

11 LEVELS, NEW YORK.

12 Upon request, the Secretary shall provide technical

13 assistance to the International Joint Commission and the

14 St. Lawrence River Board of Control in undertaking stud15 ies on the effects of fluctuating water levels on the natural

16 environment, recreational boating, property flooding, and

17 erosion along the shorelines of Lake Ontario and the St.

18 Lawrence River in New York. The Commission and Board

19 are encouraged to conduct such studies in a comprehensive

20 and thorough manner before implementing any change to

21 water regulation Plan 1958–D.

22 SEC. 548. NEW YORK-NEW JERSEY HARBOR, NEW YORK AND

23 NEW JERSEY.

24 The Secretary may enter into cooperative agreements

25 with non-Federal interests to investigate, develop, and

26 support measures for sediment management and reduction
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1 of contaminant sources which affect navigation in the Port

2 of New York-New Jersey and the environmental condi3 tions of the New York-New Jersey Harbor estuary. Such

4 investigation shall include an analysis of the economic and

5 environmental benefits and costs of potential sediment

6 management and contaminant reduction measures.

7 SEC. 549. SEA GATE REACH, CONEY ISLAND, NEW YORK,

8 NEW YORK.

9 The Secretary is authorized to construct a project for

10 shoreline protection which includes a beachfill with revet11 ment and T-groin for the Sea Gate Reach on Coney Is12 land, New York, as identified in the March 1998 report

13 prepared for the Corps of Engineers, New York District,

14 entitled ‘‘Field Data Gathering, Project Performance

15 Analysis and Design Alternative Solutions to Improve

16 Sandfill Retention’’, at a total cost of $9,000,000, with

17 an estimated Federal cost of $5,850,000 and an estimated

18 non-Federal cost of $3,150,000.

19 SEC. 550. WOODLAWN, NEW YORK.

20 (a) IN GENERAL.—The Secretary shall provide plan21 ning, design, and other technical assistance to non-Federal

22 interests for identifying and mitigating sources of con23 tamination at Woodlawn Beach in Woodlawn, New York.
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1 (b) COST SHARING.—The non-Federal share of the

2 cost of assistance provided under this section shall be 50

3 percent.

4 SEC. 551. FLOODPLAIN MAPPING, NEW YORK.

5 (a) IN GENERAL.—The Secretary shall provide as6 sistance for a project to develop maps identifying 100- and

7 500-year flood inundation areas in the State of New York.

8 (b) REQUIREMENTS.—Maps developed under the

9 project shall include hydrologic and hydraulic information

10 and shall accurately show the flood inundation of each

11 property by flood risk in the floodplain. The maps shall

12 be produced in a high resolution format and shall be made

13 available to all flood prone areas in the State of New York

14 in an electronic format.

15 (c) PARTICIPATION OF FEMA.—The Secretary and

16 the non-Federal sponsor of the project shall work with the

17 Director of the Federal Emergency Management Agency

18 to ensure the validity of the maps developed under the

19 project for flood insurance purposes.

20 (d) FORMS OF ASSISTANCE.—In carrying out the

21 project, the Secretary may enter into contracts or coopera22 tive agreements with the non-Federal sponsor or provide

23 reimbursements of project costs.

24 (e) FEDERAL SHARE.—The Federal share of the cost

25 of the project shall be 75 percent.
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1 (f) AUTHORIZATION OF APPROPRIATIONS.—There is

2 authorized to be appropriated to carry out this section

3 $12,000,000 for fiscal years beginning after September

4 30, 1998.

5 SEC. 552. WHITE OAK RIVER, NORTH CAROLINA.

6 The Secretary shall conduct a study to determine if

7 water quality deterioration and sedimentation of the White

8 Oak River, North Carolina, are the result of the Atlantic

9 Intracoastal Waterway navigation project. If the Secretary

10 determines that the water quality deterioration and sedi11 mentation are the result of the project, the Secretary shall

12 take appropriate measures to mitigate the deterioration

13 and sedimentation.

14 SEC. 553. TOUSSAINT RIVER, CARROLL TOWNSHIP, OTTAWA

15 COUNTY, OHIO.

16 The Secretary is authorized to provide technical as17 sistance for the removal of military ordnance from the

18 Toussaint River, Carroll Township, Ottawa County, Ohio.

19 SEC. 554. SARDIS RESERVOIR, OKLAHOMA.

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

21 the State of Oklahoma or an agent of the State an

22 amount, as determined under subsection (b), as prepay23 ment of 100 percent of the water supply cost obligation

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

25 for water supply storage at Sardis Reservoir, Oklahoma.
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1 (b) DETERMINATION OF AMOUNT.—The amount to

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

3 shall be subject to adjustment in accordance with accepted

4 discount purchase methods for Federal Government prop5 erties as determined by an independent accounting firm

6 designated by the Director of the Office of Management

7 and Budget. The cost of such determination shall be paid

8 for by the State of Oklahoma or an agent of the State.

9 (c) EFFECT.—Nothing in this section affects any of

10 the rights or obligations of the parties to the contract re11 ferred to in subsection (a).

12 SEC. 555. WAURIKA LAKE, OKLAHOMA, WATER CONVEY13 ANCE FACILITIES.

14 The requirement for the Waurika Project Master

15 Conservancy District to repay the $2,900,000 in costs (in16 cluding interest) resulting from the October 1991 settle17 ment of the claim before the United States Claims Court

18 related to construction of the water conveyance facilities

19 authorized by the first section of Public Law 88–253 (77

20 Stat. 841) is waived.

21 SEC. 556. SKINNER BUTTE PARK, EUGENE, OREGON.

22 (a) STUDY.—The Secretary shall conduct a study of

23 the south bank of the Willamette River, in the area of

24 Skinner Butte Park from Ferry Street Bridge to the Val25 ley River footbridge, to determine the feasibility of car-
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1 rying out a project to stabilize the river bank, and to re2 store and enhance riverine habitat, using a combination

3 of structural and bioengineering techniques.

4 (b) CONSTRUCTION.—If, upon completion of the

5 study, the Secretary determines that the project is fea6 sible, the Secretary shall participate with non-Federal in7 terests in the construction of the project.

8 (c) COST SHARE.—The non-Federal share of the cost

9 of the project shall be 35 percent.

10 (d) LANDS, EASEMENTS, AND RIGHTS-OF-WAY.—

11 The non-Federal interest shall provide lands, easements,

12 rights-of-way, relocations, and dredged material disposal

13 areas necessary for construction of the project. The value

14 of such items shall be credited toward the non-Federal

15 share of the cost of the project.

16 (e) AUTHORIZATION OF APPROPRIATIONS.—There is

17 authorized to be appropriated to carry out this section

18 $1,000,000 for fiscal years beginning after September 30,

19 1999.

20 SEC. 557. WILLAMETTE RIVER BASIN, OREGON.

21 The Secretary, Director of the Federal Emergency

22 Management Agency, Administrator of the Environmental

23 Protection Agency, and heads of other appropriate Fed24 eral agencies shall, using existing authorities, assist the

25 State of Oregon in developing and implementing a com-
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1 prehensive basin-wide strategy in the Willamette River

2 basin of Oregon for coordinated and integrated manage3 ment of land and water resources to improve water qual4 ity, reduce flood hazards, ensure sustainable economic ac5 tivity, and restore habitat for native fish and wildlife. The

6 heads of such Federal agencies may provide technical as7 sistance, staff and financial support for development of

8 the basin-wide management strategy. The heads of Fed9 eral agencies shall seek to exercise flexibility in adminis10 trative actions and allocation of funding to reduce barriers

11 to efficient and effective implementing of the strategy.

12 SEC. 558. BRADFORD AND SULLIVAN COUNTIES, PENNSYL13 VANIA.

14 The Secretary is authorized to provide assistance for

15 water-related environmental infrastructure and resource

16 protection and development projects in Bradford and Sul17 livan Counties, Pennsylvania, using the funds and authori18 ties provided in title I of the Energy and Water Develop19 ment Appropriations Act, 1999 (Public Law 105-245)

20 under the heading ‘‘CONSTRUCTION, GENERAL’’ (112

21 Stat. 1840) for similar projects in Lackawanna,

22 Lycoming, Susquehanna, Wyoming, Pike, and Monroe

23 Counties, Pennsylvania.
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1 SEC. 559. ERIE HARBOR, PENNSYLVANIA.

2 The Secretary may reimburse the appropriate non3 Federal interest not more than $78,366 for architect and

4 engineering costs incurred in connection with the Erie

5 Harbor basin navigation project, Pennsylvania.

6 SEC. 560. POINT MARION LOCK AND DAM, PENNSYLVANIA.

7 The project for navigation, Point Marion Lock and

8 Dam, Borough of Point Marion, Pennsylvania, as author9 ized by section 301(a) of the Water Resources Develop10 ment Act of 1986 (100 Stat. 4110), is modified to direct

11 the Secretary, in the operation and maintenance of the

12 project, to mitigate damages to the shoreline, at a total

13 cost of $2,000,000. The cost of the mitigation shall be

14 allocated as an operation and maintenance cost of a Fed15 eral navigation project.

16 SEC. 561. SEVEN POINTS’ HARBOR, PENNSYLVANIA.

17 (a) IN GENERAL.—The Secretary is authorized, at

18 full Federal expense, to construct a breakwater-dock com19 bination at the entrance to Seven Points’ Harbor, Penn20 sylvania.

21 (b) OPERATION AND MAINTENANCE COSTS.—All op22 eration and maintenance costs associated with the facility

23 constructed under this section shall be the responsibility

24 of the lessee of the marina complex at Seven Points’ Har25 bor.
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1 (c) AUTHORIZATION OF APPROPRIATIONS.—There is

2 authorized to be appropriated $850,000 to carry out this

3 section.

4 SEC. 562. SOUTHEASTERN PENNSYLVANIA.

5 Section 566(b) of the Water Resources Development

6 Act of 1996 (110 Stat. 3786) is amended by inserting ‘‘en7 vironmental restoration,’’ after ‘‘water supply and related

8 facilities,’’.

9 SEC. 563. UPPER SUSQUEHANNA-LACKAWANNA WATER10 SHED RESTORATION INITIATIVE.

11 (a) IN GENERAL.—The Secretary, in cooperation

12 with appropriate Federal, State, and local agencies and

13 nongovernmental institutions, is authorized to prepare a

14 watershed plan for the Upper Susquehanna-Lackawanna

15 Watershed (USGS Cataloguing Unit 02050107). The plan

16 shall utilize geographic information system and shall in17 clude a comprehensive environmental assessment of the

18 watershed’s ecosystem, a comprehensive flood plain man19 agement plan, a flood plain protection plan, water resource

20 and environmental restoration projects, water quality im21 provement, and other appropriate infrastructure and

22 measures.

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

24 of the cost of preparation of the plan under this section

25 shall be 50 percent. Services and materials instead of cash
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1 may be credited toward the non-Federal share of the cost

2 of the plan.

3 (c) AUTHORIZATION OF APPROPRIATIONS.—There is

4 authorized to be appropriated to carry out this section

5 $5,000,000 for fiscal years beginning after September 30,

6 1999.

7 SEC. 564. AGUADILLA HARBOR, PUERTO RICO.

8 The Secretary shall conduct a study to determine if

9 erosion and additional storm damage risks that exist in

10 the vicinity of Aguadilla Harbor, Puerto Rico, are the re11 sult of a Federal navigation project. If the Secretary de12 termines that such erosion and additional storm damage

13 risks are the result of the project, the Secretary shall take

14 appropriate measures to mitigate the erosion and storm

15 damage.

16 SEC. 565. OAHE DAM TO LAKE SHARPE, SOUTH DAKOTA,

17 STUDY.

18 Section 441 of the Water Resources Development Act

19 of 1996 (110 Stat. 3747) is amended—

20 (1) by inserting ‘‘(a) INVESTIGATION.—’’ before

21 ‘‘The Secretary’’; and

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

23 ‘‘(b) REPORT.—Not later than September 30, 2000,

24 the Secretary shall transmit to Congress a report on the

25 results of the investigation under this section. The report
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1 shall include the examination of financing options for reg2 ular maintenance and preservation of the lake. The report

3 shall be prepared in coordination and cooperation with the

4 Natural Resources Conservation Service, other Federal

5 agencies, and State and local officials.’’.

6 SEC. 566. INTEGRATED WATER MANAGEMENT PLANNING,

7 TEXAS.

8 (a) IN GENERAL.—The Secretary, in cooperation

9 with other Federal agencies and the State of Texas, shall

10 provide technical, planning, and design assistance to non11 Federal interests in developing integrated water manage12 ment plans and projects that will serve the cities, counties,

13 water agencies, and participating planning regions under

14 the jurisdiction of the State of Texas.

15 (b) PURPOSES OF ASSISTANCE.—Assistance provided

16 under subsection (a) shall be in support of non-Federal

17 planning and projects for the following purposes:

18 (1) Plan and develop integrated, near- and

19 long-term water management plans that address the

20 planning region’s water supply, water conservation,

21 and water quality needs.

22 (2) Study and develop strategies and plans that

23 restore, preserve, and protect the State’s and plan24 ning region’s natural ecosystems.
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1 (3) Facilitate public communication and partici2 pation.

3 (4) Integrate such activities with other ongoing

4 Federal and State projects and activities associated

5 with the State of Texas water plan and the State of

6 Texas legislation.

7 (c) COST SHARING.—The non-Federal share of the

8 cost of assistance provided under subsection (a) shall be

50 percent, of which up to 1 9 ⁄2 of the non-Federal share

10 may be provided as in kind services.

11 (d) AUTHORIZATION OF APPROPRIATIONS.—There is

12 authorized to be appropriated to carry out this section,

13 $10,000,000 for the fiscal years beginning after Sep14 tember 30, 1999.

15 SEC. 567. BOLIVAR PENINSULA, JEFFERSON, CHAMBERS,

16 AND GALVESTON COUNTIES, TEXAS.

17 (a) SHORE PROTECTION PROJECT.—The Secretary is

18 authorized to design and construct a shore protection

19 project between the south jetty of the Sabine Pass Chan20 nel and the north jetty of the Galveston Harbor Entrance

21 Channel in Jefferson, Chambers, and Galveston Counties,

22 Texas, including beneficial use of dredged material from

23 Federal navigation projects.

24 (b) APPLICABILITY OF BENEFIT-COST RATIO WAIV25 ER AUTHORITY.—In evaluating and implementing the
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1 project, the Secretary shall allow the non-Federal interest

2 to participate in the financing of the project in accordance

3 with section 903(c) of the Water Resources Development

4 Act of 1986 (100 Stat. 4184), notwithstanding any limita5 tion on the purpose of projects to which such section ap6 plies, to the extent that the Secretary’s evaluation indi7 cates that applying such section is necessary to implement

8 the project.

9 SEC. 568. GALVESTON BEACH, GALVESTON COUNTY, TEXAS.

10 The Secretary is authorized to design and construct

11 a shore protection project between the Galveston South

12 Jetty and San Luis Pass, Galveston County, Texas, using

13 innovative nourishment techniques, including beneficial

14 use of dredged material from Federal navigation projects.

15 SEC. 569. PACKERY CHANNEL, CORPUS CHRISTI, TEXAS.

16 (a) IN GENERAL.—The Secretary shall construct a

17 navigation and storm protection project at Packery Chan18 nel, Mustang Island, Texas, consisting of construction of

19 a channel and a channel jetty and placement of sand along

20 the length of the seawall.

21 (b) ECOLOGICAL AND RECREATIONAL BENEFITS.—

22 In evaluating the project, the Secretary shall include the

23 ecological and recreational benefits of reopening the

24 Packery Channel.
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1 (c) APPLICABILITY OF BENEFIT-COST RATIO WAIV2 ER AUTHORITY.—In evaluating and implementing the

3 project, the Secretary shall allow the non-Federal interest

4 to participate in the financing of the project in accordance

5 with section 903(c) of the Water Resources Development

6 Act of 1986 (100 Stat. 4184), notwithstanding any limita7 tion on the purpose of projects to which such section ap8 plies, to the extent that the Secretary’s evaluation indi9 cates that applying such section is necessary to implement

10 the project.

11 SEC. 570. NORTHERN WEST VIRGINIA.

12 The projects described in the following reports are

13 authorized to be carried out by the Secretary substantially

14 in accordance with the plans, and subject to the condi15 tions, recommended in such reports:

16 (1) PARKERSBURG, WEST VIRGINIA.—Report of

17 the Corps of Engineers entitled ‘‘Parkersburg/Vi18 enna Riverfront Park Feasibility Study’’, dated June

19 1998, at a total cost of $8,400,000, with an esti20 mated Federal cost of $4,200,000, and an estimated

21 non-Federal cost of $4,200,000.

22 (2) WEIRTON, WEST VIRGINIA.—Report of the

23 Corps of Engineers entitled ‘‘Feasibility Master Plan

24 for Weirton Port and Industrial Center, West Vir25 ginia Public Port Authority’’, dated December 1997,
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1 at a total cost of $18,000,000, with an estimated

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

4 (3) ERICKSON/WOOD COUNTY, WEST VIR5 GINIA.—Report of the Corps of Engineers entitled

6 ‘‘Feasibility Master Plan for Erickson/Wood County

7 Port District, West Virginia Public Port Authority’’,

8 dated July 7, 1997, at a total cost of $28,000,000,

9 with an estimated Federal cost of $14,000,000, and

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

11 (4) MONONGAHELA RIVER, WEST VIRGINIA.—

12 Monongahela River, West Virginia, Comprehensive

13 Study Reconnaissance Report, dated September

14 1995, consisting of the following elements:

15 (A) Morgantown Riverfront Park, Morgan16 town, West Virginia, at a total cost of

17 $1,600,000, with an estimated Federal cost of

18 $800,000 and an estimated non-Federal cost of

19 $800,000.

20 (B) Caperton Rail to Trail, Monongahela

21 County, West Virginia, at a total cost of

22 $4,425,000, with an estimated Federal cost of

23 $2,212,500 and an estimated non-Federal cost

24 of $2,212,500.
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1 (C) Palatine Park, Fairmont, West Vir2 ginia, at a total cost of $1,750,000, with an es3 timated Federal cost of $875,000 and an esti4 mated non-Federal cost of $875,000.

5 SEC. 571. URBANIZED PEAK FLOOD MANAGEMENT RE6 SEARCH.

7 (a) IN GENERAL.—The Secretary shall develop and

8 implement a research program to evaluate opportunities

9 to manage peak flood flows in urbanized watersheds lo10 cated in the State of New Jersey.

11 (b) SCOPE OF RESEARCH.—The research program

12 authorized by subsection (a) shall be accomplished

13 through the New York District. The research shall specifi14 cally include the following:

15 (1) Identification of key factors in urbanized

16 watersheds that are under development and impact

17 peak flows in the watersheds and downsteam of the

18 watersheds.

19 (2) Development of peak flow management

20 models for 4 to 6 watersheds in urbanized areas lo21 cated with widely differing geology, areas, shapes,

22 and soil types that can be used to determine optimal

23 flow reduction factors for individual watersheds.

24 (3) Utilization of such management models to

25 determine relationships between flow and reduction
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1 factors and change in imperviousness, soil types,

2 shape of the drainage basin, and other pertinent pa3 rameters from existing to ultimate conditions in wa4 tersheds under consideration for development.

5 (4) Development and validation of an inexpen6 sive accurate model to establish flood reduction fac7 tors based on runoff curve numbers, change in im8 perviousness, the shape of the basin, and other perti9 nent factors.

10 (c) REPORT TO CONGRESS.—The Secretary shall

11 evaluate policy changes in the planning process for flood

12 control projects based on the results of the research au13 thorized by this section and transmit to Congress a report

14 not later than 3 years after the date of enactment of this

15 Act.

16 (d) AUTHORIZATION OF APPROPRIATIONS.—There is

17 authorized to be appropriated to carryout this section

18 $3,000,000 for fiscal years beginning after September 30,

19 1999.

20 (e) FLOW REDUCTION FACTORS DEFINED.—In this

21 section, the term ‘‘flow reduction factors’’ means the ratio

22 of estimated allowable peak flows of stormwater after pro23 jected development when compared to pre-existing condi24 tions.
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1 SEC. 572. MISSISSIPPI RIVER COMMISSION.

2 Section 8 of the Flood Control Act of May 15, 1928

3 (Public Law 391, 70th Congress), is amended by striking

4 ‘‘$7,500’’ and inserting ‘‘$21,500.’’

5 SEC. 573. COASTAL AQUATIC HABITAT MANAGEMENT.

6 (a) IN GENERAL.—The Secretary may cooperate with

7 the Secretaries of Agriculture and the Interior, the Admin8 istrators of the Environmental Protection Agency and the

9 National Oceanic and Atmospheric Administration, other

10 appropriate Federal, State, and local agencies, and af11 fected private entities, in the development of a manage12 ment strategy to address problems associated with toxic

13 microorganisms and the resulting degradation of eco14 systems in the tidal and nontidal wetlands and waters of

15 the United States for the States along the Atlantic Ocean.

16 As part of such management strategy, the Secretary may

17 provide planning, design, and other technical assistance to

18 each participating State in the development and imple19 mentation of nonregulatory measures to mitigate environ20 mental problems and restore aquatic resources.

21 (b) COST SHARING.—The Federal share of the cost

22 of measures undertaken under this section shall not exceed

23 65 percent.

24 (c) OPERATION AND MAINTENANCE.—The non-Fed25 eral share of operation and maintenance costs for projects
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1 constructed with assistance provided under this section

2 shall be 100 percent.

3 (d) AUTHORIZATION OF APPROPRIATION.—There is

4 authorized to be appropriated to carry out this section

5 $7,000,000 for fiscal years beginning after September 30,

6 1999.

7 SEC. 574. RECREATION USER FEES INITIATIVE.

8 (a) IN GENERAL.—During fiscal years 2000 through

9 2003, the Secretary may withhold from the special ac10 count established pursuant to section 4(i)(1)(A) of the

11 Land and Water Conservation Fund Act of 1965 (16

12 U.S.C. 460l–6a(i)(1)(A)), 100 percent of the amount of

13 receipts from fees collected at selected recreation sites

14 under the administrative jurisdiction of the Department

15 of the Army pursuant to section 4(b) of such Act (16

16 U.S.C. 460l–6a(b)). The amounts withheld shall be re17 tained by the Secretary and shall be available for expendi18 ture by the Secretary in accordance with the provisions

19 of this section.

20 (b) USE OF FUNDS.—In order to increase the quality

21 of the visitor experience at public recreational areas and

22 to enhance the protection of resources, the amounts with23 held pursuant to subsection (a) and available for expendi24 ture may only be used for backlogged repair and mainte25 nance projects (including projects relating to public health
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1 and safety) and for interpretation, signage, habitat or fa2 cility enhancement, resource preservation, annual oper3 ation and maintenance, and law enforcement related to

4 public use.

5 (c) APPLICABILITY.—The Secretary shall implement

6 the authority under this section and evaluate the feasi7 bility of retaining recreation fees at projects and facilities

8 under the Secretary’s jurisdiction at not more than 5

9 projects and facilities. In selecting projects and facilities

10 under this section, the Secretary should seek to achieve

11 geographic diversity. One of the projects and facilities se12 lected shall be the Mississippi River Headwaters Recre13 ation Areas, Minnesota.

14 (d) REPORT.—Not later than December 31, 2003,

15 the Secretary shall transmit to Congress a report on the

16 results of implementing this section, together with rec17 ommendations concerning whether the authority under

18 this section should be offered on a nationwide basis.

19 SEC. 575. ABANDONED AND INACTIVE NONCOAL MINE RES20 TORATION.

21 (a) IN GENERAL.—The Secretary is authorized to

22 provide technical, planning, and design assistance to Fed23 eral and non-Federal interests for carrying out projects

24 to address water quality problems caused by drainage and
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1 related activities from abandoned and inactive noncoal

2 mines.

3 (b) SPECIFIC MEASURES.—Assistance provided

4 under subsection (a) may be in support of projects for the

5 following purposes:

6 (1) Management of drainage from abandoned

7 and inactive noncoal mines.

8 (2) Restoration and protection of streams, riv9 ers, wetlands, other waterbodies, and riparian areas

10 degraded by drainage from abandoned and inactive

11 noncoal mines.

12 (3) Demonstration of management practices

13 and innovative and alternative treatment tech14 nologies to minimize or eliminate adverse environ15 mental effects associated with drainage from aban16 doned and inactive noncoal mines.

17 (c) NON-FEDERAL SHARE.—The non-Federal share

18 of the cost of assistance under subsection (a) shall be 50

19 percent; except that the Federal share with respect to

20 projects located on lands owned by the United States shall

21 be 100 percent.

22 (d) EFFECT ON AUTHORITY OF THE SECRETARY OF

23 THE INTERIOR.—Nothing in this section shall be con24 strued as affecting the authority of the Secretary of the
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1 Interior under title IV of the Surface Mining Control and

2 Reclamation Act of 1977 (30 U.S.C. 1231 et seq.).

3 (e) TECHNOLOGY DATABASE FOR RECLAMATION OF

4 ABANDONED MINES.—The Secretary is authorized to pro5 vide assistance to non-Federal and non-profit entities to

6 develop, manage, and maintain a database of conventional

7 and innovative, cost-effective technologies for reclamation

8 of abandoned and inactive noncoal mine sites. Such assist9 ance shall be provided through the rehabilitation of aban10 doned mine sites program, managed by the Sacramento

11 District Office of the Corps of Engineers.

12 (f) AUTHORIZATION OF APPROPRIATIONS.—There is

13 authorized to be appropriated to carry out this section

14 $5,000,000.

15 SEC. 576. BENEFICIAL USE OF WASTE TIRE RUBBER.

16 (a) IN GENERAL.—The Secretary is authorized to

17 conduct pilot projects to encourage the beneficial use of

18 waste tire rubber, including crumb rubber, recycled from

19 tires. Such beneficial use may include marine pilings, un20 derwater framing, floating docks with built-in flotation,

21 utility poles, and other uses associated with transportation

22 and infrastructure projects receiving Federal funds. The

23 Secretary shall, when appropriate, encourage the use of

24 waste tire rubber, including crumb rubber, in such feder25 ally funded projects.
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1 (b) AUTHORIZATION OF APPROPRIATIONS.—There is

2 authorized to be appropriated to carry out this section

3 $5,000,000 for fiscal years beginning after September 30,

4 1998.

5 SEC. 577. SITE DESIGNATION.

6 Section 102(c)(4) of the Marine Protection, Re7 search, and Sanctuaries Act of 1972 (33 U.S.C.

8 1412(c)(4)) is amended by striking ‘‘January 1, 2000’’

9 and inserting ‘‘January 1, 2005’’.

10 SEC. 578. LAND CONVEYANCES.

11 (a) EXCHANGE OF LAND IN PIKE COUNTY, MIS12 SOURI.—

13 (1) EXCHANGE OF LAND.—Subject to para14 graphs (3) and (4), at such time as Holnam Inc.

15 conveys all right, title, and interest in and to the

16 land described in paragraph (2)(A) to the United

17 States, the Secretary shall convey all right, title, and

18 interest in the land described in paragraph (2)(B) to

19 Holnam Inc.

20 (2) DESCRIPTION OF LANDS.—The lands re21 ferred to in paragraph (1) are the following:

22 (A) NON-FEDERAL LAND.—152.45 acres

23 with existing flowage easements situated in

24 Pike County, Missouri, described a portion of

25 Government Tract Number FM–9 and all of
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1 Government Tract Numbers FM–11, FM–10,

2 FM–12, FM–13, and FM–16, owned and ad3 ministered by the Holnam Inc.

4 (B) FEDERAL LAND.—152.61 acres situ5 ated in Pike County, Missouri, known as Gov6 ernment Tract Numbers FM–17 and a portion

7 of FM–18, administered by the Corps of Engi8 neers.

9 (3) CONDITIONS OF EXCHANGE.—The exchange

10 of land authorized by paragraph (1) shall be subject

11 to the following conditions:

12 (A) DEEDS.—

13 (i) FEDERAL LAND.—The instrument

14 of conveyance used to convey the land de15 scribed in paragraph (2)(B) to Holnam

16 Inc. shall contain such reservations, terms,

17 and conditions as the Secretary considers

18 necessary to allow the United States to op19 erate and maintain the Mississippi River 9-

20 Foot Navigation Project.

21 (ii) NON-FEDERAL LAND.—The con22 veyance of the land described in paragraph

23 (2)(A) to the Secretary shall be by a war24 ranty deed acceptable to the Secretary.
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1 (B) REMOVAL OF IMPROVEMENTS.—

2 Holnam Inc. may remove any improvements on

3 the land described in paragraph (2)(A). The

4 Secretary may require Holnam Inc. to remove

5 any improvements on the land described in

6 paragraph (2)(A). In either case, Holnam Inc.

7 shall hold the United States harmless from li8 ability, and the United States shall not incur

9 cost associated with the removal or relocation of

10 any such improvements.

11 (C) TIME LIMIT FOR EXCHANGE.—The

12 land exchange authorized by paragraph (1)

13 shall be completed not later than 2 years after

14 the date of enactment of this Act.

15 (D) LEGAL DESCRIPTION.—The Secretary

16 shall provide the legal description of the land

17 described in paragraph (2). The legal descrip18 tion shall be used in the instruments of convey19 ance of the land.

20 (E) ADMINISTRATIVE COSTS.—The Sec21 retary shall require Holnam Inc. to pay reason22 able administrative costs associated with the ex23 change.

24 (4) VALUE OF PROPERTIES.—If the appraised

25 fair market value, as determined by the Secretary,
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1 of the land conveyed to Holnam Inc. by the Sec2 retary under paragraph (1) exceeds the appraised

3 fair market value, as determined by the Secretary,

4 of the land conveyed to the United States by

5 Holnam Inc. under paragraph (1), Holnam Inc.

6 shall make a payment equal to the excess in cash or

7 a cash equivalent to the United States.

8 (b) CANDY LAKE PROJECT, OSAGE COUNTY, OKLA9 HOMA.—

10 (1) DEFINITIONS.—In this subsection, the fol11 lowing definitions apply:

12 (A) FAIR MARKET VALUE.—The term ‘‘fair

13 market value’’ means the amount for which a

14 willing buyer would purchase and a willing sell15 er would sell a parcel of land, as determined by

16 a qualified, independent land appraiser.

17 (B) PREVIOUS OWNER OF LAND.—The

18 term ‘‘previous owner of land’’ means a person

19 (including a corporation) that conveyed, or a

20 descendant of a deceased individual who con21 veyed, land to the Corps of Engineers for use

22 in the Candy Lake project in Osage County,

23 Oklahoma.

24 (2) LAND CONVEYANCES.—
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1 (A) IN GENERAL.—The Secretary shall

2 convey, in accordance with this subsection, all

3 right, title, and interest of the United States in

4 and to the land acquired by the United States

5 for the Candy Lake project in Osage County,

6 Oklahoma.

7 (B) PREVIOUS OWNERS OF LAND.—

8 (i) IN GENERAL.—The Secretary shall

9 give a previous owner of land the first op10 tion to purchase the land described in sub11 paragraph (A).

12 (ii) APPLICATION.—

13 (I) IN GENERAL.—A previous

14 owner of land that desires to purchase

15 the land described in subparagraph

16 (A) that was owned by the previous

17 owner of land, or by the individual

18 from whom the previous owner of land

19 is descended, shall file an application

20 to purchase the land with the Sec21 retary not later than 180 days after

22 the official date of notice to the pre23 vious owner of land under paragraph

24 (3).
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1 (II) FIRST TO FILE HAS FIRST

2 OPTION.—If more than 1 application

3 is filed to purchase a parcel of land

4 described in subparagraph (A), the

5 first option to purchase the parcel of

6 land shall be determined in the order

7 in which applications for the parcel of

8 land were filed.

9 (iii) IDENTIFICATION OF PREVIOUS

10 OWNERS OF LAND.—As soon as practicable

11 after the date of enactment of this Act, the

12 Secretary shall, to the extent practicable,

13 identify each previous owner of land.

14 (iv) CONSIDERATION.—Consideration

15 for land conveyed under this paragraph

16 shall be the fair market value of the land.

17 (C) DISPOSAL.—Any land described in

18 subparagraph (A) for which an application to

19 purchase the land has not been filed under sub20 paragraph (B)(ii) within the applicable time pe21 riod shall be disposed of in accordance with law.

22 (D) EXTINGUISHMENT OF EASEMENTS.—

23 All flowage easements acquired by the United

24 States for use in the Candy Lake project in

25 Osage County, Oklahoma, are extinguished.
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1 (3) NOTICE.—

2 (A) IN GENERAL.—The Secretary shall

3 notify—

4 (i) each person identified as a pre5 vious owner of land under paragraph

6 (2)(B)(iii), not later than 90 days after

7 identification, by United States mail; and

8 (ii) the general public, not later than

9 90 days after the date of enactment of this

10 Act, by publication in the Federal Register.

11 (B) CONTENTS OF NOTICE.—Notice under

12 this paragraph shall include—

13 (i) a copy of this subsection;

14 (ii) information sufficient to sepa15 rately identify each parcel of land subject

16 to this subsection; and

17 (iii) specification of the fair market

18 value of each parcel of land subject to this

19 subsection.

20 (C) OFFICIAL DATE OF NOTICE.—The offi21 cial date of notice under this paragraph shall be

22 the later of—

23 (i) the date on which actual notice is

24 mailed; or
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1 (ii) the date of publication of the no2 tice in the Federal Register.

3 (c) LAKE HUGO, OKLAHOMA, AREA LAND CONVEY4 ANCE.—

5 (1) IN GENERAL.—As soon as practicable after

6 the date of enactment of this Act, the Secretary

7 shall convey at fair market value to Choctaw County

8 Industrial Authority, Oklahoma, the property de9 scribed in paragraph (2).

10 (2) DESCRIPTION.—The property to be con11 veyed under paragraph (1) is—

12 (A) that portion of land at Lake Hugo,

13 Oklahoma, above elevation 445.2 located in the

N1⁄2 of the NW1 14 ⁄4 of Section 24, R 18 E, T 6

S, and the S1⁄2 of the SW1 15 ⁄4 of Section 13, R

16 18 E, T 6 S bounded to the south by a line 50

17 north on the centerline of Road B of Sawyer

18 Bluff Public Use Area and to the north by the

1 19 ⁄2 quarter section line forming the south

20 boundary of Wilson Point Public Use Area; and

21 (B) a parcel of property at Lake Hugo,

22 Oklahoma, commencing at the NE corner of the

SE1⁄4 SW1 23 ⁄4 of Section 13, R 18 E, T 6 S, 100

feet north, then east approximately 1 24 ⁄2 mile to
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1 the county line road between Section 13, R 18

2 E, T 6 S, and Section 18, R 19 E, T 6 S.

3 (3) TERMS AND CONDITIONS.—The conveyances

4 under this subsection shall be subject to such terms

5 and conditions, including payment of reasonable ad6 ministrative costs and compliance with applicable

7 Federal floodplain management and flood insurance

8 programs, as the Secretary considers necessary and

9 appropriate to protect the interests of the United

10 States.

11 (d) CONVEYANCE OF PROPERTY IN MARSHALL

12 COUNTY, OKLAHOMA.—

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

14 to the State of Oklahoma all right, title, and interest

15 of the United States to real property located in Mar16 shall County, Oklahoma, and included in the Lake

17 Texoma (Denison Dam), Oklahoma and Texas,

18 project consisting of approximately 1,580 acres and

19 leased to the State of Oklahoma for public park and

20 recreation purposes.

21 (2) CONSIDERATION.—Consideration for the

22 conveyance under paragraph (1) shall be the fair

23 market value of the real property, as determined by

24 the Secretary. All costs associated with the convey-
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1 ance under paragraph (1) shall be paid by the State

2 of Oklahoma.

3 (3) DESCRIPTION.—The exact acreage and legal

4 description of the real property to be conveyed under

5 paragraph (1) shall be determined by a survey satis6 factory to the Secretary. The cost of the survey shall

7 be paid by the State of Oklahoma.

8 (4) ENVIRONMENTAL COMPLIANCE.—Before

9 making the conveyance under paragraph (1), the

10 Secretary shall—

11 (A) conduct an environmental baseline sur12 vey to determine if there are levels of contami13 nation for which the United States would be re14 sponsible under the Comprehensive Environ15 mental Response, Compensation, and Liability

16 Act of 1980 (42 U.S.C. 9601 et seq.); and

17 (B) ensure that the conveyance complies

18 with the National Environmental Policy Act of

19 1969 (42 U.S.C. 4321 et seq.).

20 (5) OTHER TERMS AND CONDITIONS.—The con21 veyance under paragraph (1) shall be subject to such

22 other terms and conditions as the Secretary con23 siders necessary and appropriate to protect the in24 terests of the United States, including reservation by

25 the United States of a flowage easement over all
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1 portions of the real property to be conveyed that are

2 at or below elevation 645.0 NGVD.

3 (e) SUMMERFIELD CEMETERY ASSOCIATION, OKLA4 HOMA, LAND CONVEYANCE.—

5 (1) IN GENERAL.—As soon as practicable after

6 the date of enactment of this Act, the Secretary

7 shall transfer to the Summerfield Cemetery Associa8 tion, Oklahoma, all right, title, and interest of the

9 United State in and to the land described in para10 graph (3) for use as a cemetery.

11 (2) REVERSION.—If the land to be transferred

12 under this subsection ever cease to be used as a not13 for-profit cemetery or for other public purposes the

14 land shall revert to the United States.

15 (3) DESCRIPTION.—The land to be conveyed

16 under this subsection is the approximately 10 acres

17 of land located in Leflore County, Oklahoma, and

18 described as follows:

19 INDIAN BASIN MERIDIAN

20 Section 23, Township 5 North, Range 23 East

21 SW SE SW NW

22 NW NE NW SW

N1 23 ⁄2 SW SW NW.

24 (4) CONSIDERATION.—The conveyance under

25 this subsection shall be without consideration. All
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1 costs associated with the conveyance shall be paid by

2 the Summerfield Cemetery Association, Oklahoma.

3 (5) OTHER TERMS AND CONDITIONS.—The con4 veyance under this subsection shall be subject to

5 such other terms and conditions as the Secretary

6 considers necessary and appropriate to protect the

7 interests of the United States.

8 (f) DEXTER, OREGON.—

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

10 to the Dexter Sanitary District all right, title, and

11 interest of the United States in and to a parcel of

12 land consisting of approximately 5 acres located at

13 Dexter Lake, Oregon, under lease to the Dexter

14 Sanitary District.

15 (2) CONSIDERATION.—Land to be conveyed

16 under this section shall be conveyed without consid17 eration. If the land is no longer held in public own18 ership or no longer used for wastewater treatment

19 purposes, title to the land shall revert to the Sec20 retary.

21 (3) TERMS AND CONDITIONS.—The conveyance

22 by the United States shall be subject to such terms

23 and conditions as the Secretary considers appro24 priate to protect the interests of the United States.
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1 (4) DESCRIPTION.—The exact acreage and de2 scription of the land to be conveyed under paragraph

3 (1) shall be determined by such surveys as the Sec4 retary considers necessary. The cost of the surveys

5 shall be borne by the Dexter Sanitary District.

6 (g) RICHARD B. RUSSELL DAM AND LAKE, SOUTH

7 CAROLINA.—

8 (1) IN GENERAL.—Upon execution of an agree9 ment under paragraph (4) and subject to the re10 quirements of this subsection, the Secretary shall

11 convey, without consideration, to the State of South

12 Carolina all right, title, and interest of the United

13 States to the lands described in paragraph (2) that

14 are managed, as of the date of enactment of this

15 Act, by the South Carolina Department of Natural

16 Resources for fish and wildlife mitigation purposes

17 in connection with the Richard B. Russell Dam and

18 Lake, South Carolina, project.

19 (2) DESCRIPTION.—

20 (A) IN GENERAL.—Subject to subpara21 graph (B), the lands to be conveyed under

22 paragraph (1) are described in Exhibits A, F,

23 and H of Army Lease Number DACW21–1–

24 93–0910 and associated Supplemental Agree25 ments or are designated in red in Exhibit A of
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1 Army License Number DACW21–3–85–1904;

2 except that all designated lands in the license

3 that are below elevation 346 feet mean sea level

4 or that are less than 300 feet measured hori5 zontally from the top of the power pool are ex6 cluded from the conveyance. Management of the

7 excluded lands shall continue in accordance

8 with the terms of Army License Number

9 DACW21–3–85–1904 until the Secretary and

10 the State enter into an agreement under para11 graph (4).

12 (B) SURVEY.—The exact acreage and legal

13 description of the lands to be conveyed under

14 paragraph (1) shall be determined by a survey

15 satisfactory to the Secretary, with the cost of

16 the survey to be paid by the State. The State

17 shall be responsible for all other costs, including

18 real estate transaction and environmental com19 pliance costs, associated with the conveyance.

20 (3) TERMS AND CONDITIONS.—

21 (A) MANAGEMENT OF LANDS.—All lands

22 that are conveyed under paragraph (1) shall be

23 retained in public ownership and shall be man24 aged in perpetuity for fish and wildlife mitiga25 tion purposes in accordance with a plan ap-
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1 proved by the Secretary. If the lands are not

2 managed for such purposes in accordance with

3 the plan, title to the lands shall revert to the

4 United States. If the lands revert to the United

5 States under this subparagraph, the Secretary

6 shall manage the lands for such purposes.

7 (B) TERMS AND CONDITIONS.—The Sec8 retary may require such additional terms and

9 conditions in connection with the conveyance as

10 the Secretary considers appropriate to protect

11 the interests of the United States.

12 (4) PAYMENTS.—

13 (A) AGREEMENTS.—The Secretary is au14 thorized to pay to the State of South Carolina

15 not more than $4,850,000 if the Secretary and

16 the State enter into a binding agreement for

17 the State to manage for fish and wildlife miti18 gation purposes, in perpetuity, the lands con19 veyed under this subsection and the lands not

20 covered by the conveyance that are designated

21 in red in Exhibit A of Army License Number

22 DACW21–3–85–1904.

23 (B) TERMS AND CONDITIONS.—The agree24 ment shall specify the terms and conditions

25 under which the payment will be made and the
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1 rights of, and remedies available to, the Federal

2 Government to recover all or a portion of the

3 payment in the event the State fails to manage

4 the lands in a manner satisfactory to the Sec5 retary.

6 (h) CHARLESTON, SOUTH CAROLINA.—The Sec7 retary is authorized to convey the property of the Corps

8 of Engineers known as the ‘‘Equipment and Storage

9 Yard’’, located on Meeting Street in Charleston, South

10 Carolina, in as-is condition for fair-market value with all

11 proceeds from the conveyance to be applied by the Corps

12 of Engineers, Charleston District, to offset a portion of

13 the costs of moving or leasing (or both) an office facility

14 in the city of Charleston.

15 (i) CLARKSTON, WASHINGTON.—

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

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

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

19 of the land described in Army Lease Number

20 DACW68–1–97–22, consisting of approximately 31

21 acres, the exact boundaries of which shall be deter22 mined by the Secretary and the Port of Clarkston.

23 (2) ADDITIONAL LAND.—The Secretary may

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

25 market value as determined by the Secretary, such
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1 additional land located in the vicinity of Clarkston,

2 Washington, as the Secretary determines to be ex3 cess to the needs of the Columbia River Project and

4 appropriate for conveyance.

5 (3) TERMS AND CONDITIONS.—The conveyances

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

7 to such terms and conditions as the Secretary deter8 mines to be necessary to protect the interests of the

9 United States, including a requirement that the Port

10 of Clarkston pay all administrative costs associated

11 with the conveyances (including the cost of land sur12 veys and appraisals and costs associated with com13 pliance with applicable environmental laws, including

14 regulations).

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

16 shall be required to pay the fair market value, as de17 termined by the Secretary, of any land conveyed

18 pursuant to paragraph (1) that is not retained in

19 public ownership or is used for other than public

20 park or recreation purposes, except that the Sec21 retary shall have a right of reverter to reclaim pos22 session and title to any such land.

23 (j) LAND CONVEYANCE TO MATEWAN, WEST VIR24 GINIA.—
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1 (1) IN GENERAL.—The United States shall con2 vey by quit claim deed to the Town of Matewan,

3 West Virginia, all right, title, and interest of the

4 United States in and to four parcels of land deemed

5 excess by the Secretary of the Army, acting through

6 the Chief of the U.S. Army Corps of Engineers, to

7 the structural project for flood control constructed

8 by the Corps of Engineers along the Tug Fork River

9 pursuant to section 202 of Public Law 96–367.

10 (2) PROPERTY DESCRIPTION.—The parcels of

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

12 (A) A certain parcel of land in the State

13 of West Virginia, Mingo County, Town of

14 Matewan, and being more particularly bounded

15 and described as follows:

16 Beginning at a point on the southerly

17 right-of-way line of a 40-foot-wide street

18 right-of-way (known as McCoy Alley), hav19 ing an approximate coordinate value of

20 N228,695, E1,662,397, in the line com21 mon to the land designated as U.S.A.

22 Tract No. 834, and the land designated as

23 U.S.A. Tract No. 837, said point being

24 South 51°52′ East 81.8 feet from an iron

25 pin and cap marked M–12 on the bound-
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1 ary of the Matewan Area Structural

2 Project, on the north right-of-way line of

3 said street, at a corner common to des4 ignated U.S.A. Tracts Nos. 834 and 836;

5 thence, leaving the right-of-way of said

6 street, with the line common to the land of

7 said Tract No. 834, and the land of said

8 Tract No. 837.

9 South 14°37′ West 46 feet to the cor10 ner common to the land of said Tract No.

11 834, and the land of said Tract No. 837;

12 thence, leaving the land of said Tract No.

13 837, severing the lands of said Project.

14 South 14°37′ West 46 feet.

15 South 68°07′ East 239 feet.

16 North 26°05′ East 95 feet to a point

17 on the southerly right-of-way line of said

18 street; thence, with the right-of-way of said

19 street, continuing to sever the lands of said

20 Project.

21 South 63°55′ East 206 feet; thence,

22 leaving the right-of-way of said street, con23 tinuing to sever the lands of said Project.

24 South 26°16′ West 63 feet; thence,

25 with a curve to the left having a radius of
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1 70 feet, a delta of 33°58′, an arc length of

2 41 feet, the chord bearing.

3 South 09°17′ West 41 feet; thence,

4 leaving said curve, continuing to sever the

5 lands of said Project.

6 South 07°42′ East 31 feet to a point

7 on the right-of-way line of the floodwall;

8 thence, with the right-of-way of said

9 floodwall, continuing to sever the lands of

10 said Project.

11 South 77°04′ West 71 feet.

12 North 77°10′ West 46 feet.

13 North 67°07′ West 254 feet.

14 North 67°54′ West 507 feet.

15 North 57°49′ West 66 feet to the

16 intersection of the right-of-way line of said

17 floodwall with the southerly right-of-way

18 line of said street; thence, leaving the

19 right-of-way of said floodwall and with the

20 southerly right-of-way of said street, con21 tinuing to sever the lands of said Project.

22 North 83°01′ East 171 feet.

23 North 89°42′ East 74 feet.

24 South 83°39′ East 168 feet.

25 South 83°38′ East 41 feet.
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1 South 77°26′ East 28 feet to the

2 point of beginning, containing 2.59 acres,

3 more or less. The bearings and coordinate

4 used herein are referenced to the West Vir5 ginia State Plane Coordinate System,

6 South Zone.

7 (B) A certain parcel of land in the State

8 of West Virginia, Mingo County, Town of

9 Matewan, and being more particularly bounded

10 and described as follows:

11 Beginning at an iron pin and cap des12 ignated Corner No. M2–2 on the southerly

13 right-of-way line of the Norfolk and West14 ern Railroad, having an approximate co15 ordinate value of N228,755 E1,661,242,

16 and being at the intersection of the right17 of-way line of the floodwall with the bound18 ary of the Matewan Area Structural

19 Project; thence, leaving the right-of-way of

20 said floodwall and with said Project bound21 ary, and the southerly right-of-way of said

22 Railroad.

23 North 59°45′ East 34 feet.

24 North 69°50′ East 44 feet.

25 North 58°11′ East 79 feet.
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1 North 66°13′ East 102 feet.

2 North 69°43′ East 98 feet.

3 North 77°39′ East 18 feet.

4 North 72°39′ East 13 feet to a point

5 at the intersection of said Project bound6 ary, and the southerly right-of-way of said

7 Railroad, with the westerly right-of-way

8 line of State Route 49/10; thence, leaving

9 said Project boundary, and the southerly

10 right-of-way of said Railroad, and with the

11 westerly right-of-way of said road.

12 South 03°21′ East 100 feet to a point

13 at the intersection of the westerly right-of14 way of said road with the right-of-way of

15 said floodwall; thence, leaving the right-of16 way of said road, and with the right-of-way

17 line of said floodwall.

18 South 79°30′ West 69 feet.

19 South 78°28′ West 222 feet.

20 South 80°11′ West 65 feet.

21 North 38°40′ West 14 feet to the

22 point of beginning, containing 0.53 acre,

23 more or less. The bearings and coordinate

24 used herein are referenced to the West Vir-
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1 ginia State Plane Coordinate System,

2 South Zone.

3 (C) A certain parcel of land in the State

4 of West Virginia, Mingo County, Town of

5 Matewan, and being more particularly bounded

6 and described as follows:

7 Beginning at a point on the southerly

8 right-of-way line of the Norfolk and West9 ern Railroad, having an approximate co10 ordinate value of N228,936 E1,661,672,

11 and being at the intersection of the eas12 terly right-of-way line of State Route 49/

13 10 with the boundary of the Matewan Area

14 Structural Project; thence, leaving the

15 right-of-way of said road, and with said

16 Project boundary, and the southerly right17 of-way of said Railroad.

18 North 77°49′ East 89 feet to an iron

19 pin and cap designated as U.S.A. Corner

20 No. M–4.

21 North 79°30′ East 74 feet to an iron

22 pin and cap designated as U.S.A. Corner

23 No. M–5–1; thence, leaving the southerly

24 right-of-way of said Railroad, and con25 tinuing with the boundary of said Project.
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1 South 06°33′ East 102 to an iron

2 pipe and cap designated U.S.A. Corner No.

3 M–6–1 on the northerly right-of-way line

4 of State Route 49/28; thence, leaving the

5 boundary of said Project, and with the

6 right-of-way of said road, severing the

7 lands of said Project.

8 North 80°59′ West 171 feet to a point

9 at the intersection of the Northerly right10 of-way line of said State Route 49/28 with

11 the easterly right-of-way line of said State

12 Route 49/10; thence, leaving the right-of13 way of said State Route 49/28 and with

14 the right-of-way of said State Route 49/10.

15 North 03°21′ West 42 feet to the

16 point of beginning, containing 0.27 acre,

17 more or less. The bearings and coordinate

18 used herein are referenced to the West Vir19 ginia State Plane Coordinate System,

20 South Zone.

21 (D) A certain parcel of land in the State

22 of West Virginia, Mingo County, Town of

23 Matewan, and being more particularly bounded

24 and described as follows:
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1 Beginning at a point at the intersec2 tion of the easterly right-of-way line of

3 State Route 49/10 with the right-of-way

4 line of the floodwall, having an approxi5 mate coordinate value of N228,826

6 E1,661,679; thence, leaving the right-of7 way of said floodwall, and with the right8 of-way of said State Route 49/10.

9 North 03°21′ West 23 feet to a point

10 at the intersection of the easterly right-of11 way line of said State Route 49/10 with

12 the southerly right-of-way line of State

13 Route 49/28; thence, leaving the right-of14 way of said State Route 49/10 and with

15 the right-of-way of said State Route 49/28.

16 South 80°59′ East 168 feet.

17 North 82°28′ East 45 feet to an iron

18 pin and cap designated as U.S.A. Corner

19 No. M–8–1 on the boundary of the West20 ern Area Structural Project; thence, leav21 ing the right-of-way of said State Route

22 49/28, and with said Project boundary.

23 South 08°28′ East 88 feet to an iron

24 pin and cap designated as U.S.A. Corner

25 No. M–9–1 point on the northerly right-of-
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1 way line of a street (known as McCoy

2 Alley); thence, leaving said Project bound3 ary and with the northerly right-of-way of

4 said street.

5 South 83°01′ West 38 feet to a point

6 on the right-of-way line of said floodwall;

7 thence, leaving the right-of-way of said

8 street, and with the right-of-way of said

9 floodwall.

10 North 57°49′ West 180 feet.

11 South 79°30′ West 34 feet to a point

12 of beginning, containing 0.24 acre, more or

13 less. The bearings and coordinate used

14 herein are referenced to the West Virginia

15 State Plane Coordinate System, South

16 Zone.

17 SEC. 579. NAMINGS.

18 (a) FRANCIS BLAND FLOODWAY DITCH, ARKAN19 SAS.—

20 (1) DESIGNATION.—8-Mile Creek in Paragould,

21 Arkansas, shall be known and designated as the

22 ‘‘Francis Bland Floodway Ditch’’.

23 (2) LEGAL REFERENCE.—Any reference in a

24 law, map, regulation, document, paper, or other

25 record of the United States to the creek referred to
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1 in paragraph (1) shall be deemed to be a reference

2 to the ‘‘Francis Bland Floodway Ditch’’.

3 (b) LAWRENCE BLACKWELL MEMORIAL BRIDGE, AR4 KANSAS.—

5 (1) DESIGNATION.—The bridge over lock and

6 dam numbered 4 on the Arkansas River, Arkansas,

7 constructed as part of the project for navigation on

8 the Arkansas River and tributaries, shall be known

9 and designated as the ‘‘Lawrence Blackwell Memo10 rial Bridge’’.

11 (2) LEGAL REFERENCE.—Any reference in a

12 law, map, regulation, document, paper, or other

13 record of the United States to the bridge referred to

14 in paragraph (1) shall be deemed to be a reference

15 to the ‘‘Lawrence Blackwell Memorial Bridge’’.

16 SEC. 580. FOLSOM DAM AND RESERVOIR ADDITIONAL

17 STORAGE AND WATER SUPPLY STUDIES.

18 (a) FOLSOM FLOOD CONTROL STUDIES.—

19 (1) IN GENERAL.—The Secretary, in consulta20 tion with the State of California and local water re21 sources agencies, shall undertake a study of increas22 ing surcharge flood control storage at the Folsom

23 Dam and Reservoir by replacing the 8 spillway gates

24 and raising the dam and embankment by 6.5 feet or

25 the amount needed to achieve a 140-year level of
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1 flood protection, whichever provides the greater level

2 of flood protection.

3 (2) DETERMINATION OF 140-YEAR LEVEL OF

4 FLOOD PROTECTION.—For the purposes of para5 graph (1), the 140-year level of flood protection shall

6 be determined in accordance with the hydrology ap7 proved by the Sacramento District of the United

8 States Army Corps of Engineers in its February 3,

9 1998, report entitled ‘‘American River, California,

10 Rain Flood Flow Frequency Analysis’’.

11 (3) LIMITATIONS.—The modifications to the

12 Folsom Dam and Reservoir under this section may

13 not increase the conservation storage of the Folsom

14 Reservoir.

15 (4) REPORT.—Not later than April 15, 2001,

16 the Secretary shall transmit to Congress a report on

17 the results of the study under this subsection.

18 (b) FOLSOM WATER SUPPLY STUDIES.—

19 (1) IN GENERAL.—Following the completion of

20 the study under subsection (a), the Secretary of the

21 Interior, in consultation with the Secretary of the

22 Army, the State of California, local water resources

23 agencies, local elected officials and interested organi24 zations, shall undertake a study of the opportunities

25 to increase the available water supply storage at Fol-
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1 som Dam and Reservoir resulting from any flood

2 control modifications to Folsom Dam recommended

3 under subsection (a).

4 (2) FOCUS OF STUDY.—The study shall focus

5 on opportunities to increase water supply storage

6 that can be accomplished while at the same time

7 protecting private property and recreational values

8 at Folsom Reservoir.

9 (c) IMPLEMENTATION.—Upon completion of the

10 study undertaken pursuant to subsection (a), the Sec11 retary shall proceed with the implementation of the max12 imum amount of surcharge flood control storage which

13 meets the criteria identified in subsection (a) if the Sec14 retary determines that the project—

15 (1) is technically feasible, environmentally ac16 ceptable, and economically justified and in accord17 ance with the economic and environmental principles

18 and guidelines for water and land resources; and

19 (2) includes measures which, to the maximum

20 extent practicable, mitigate any adverse impacts to

21 private property and recreation at Folsom Reservoir.

22 (d) ROAD RELOCATIONS.—

23 (1) PLANNING AND DESIGN.—Upon enactment

24 of this Act, the Secretary shall undertake detailed

25 planning and design of alternative transportation
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1 improvements, including a bridge downstream of

2 Folsom Dam, that comply with current transpor3 tation design criteria to replace the Folsom Dam

4 Road, which is currently on top of the embankment

5 at Folsom Dam.

6 (2) CONSTRUCTION.—Subsequent to the Sec7 retary’s determination to proceed with implementa8 tion of additional storage at Folsom Dam under sub9 section (a) and prior to construction of improve10 ments to Folsom Dam needed for such implementa11 tion, the Secretary, in consultation with the city of

12 Folsom and the Bureau of Reclamation, shall con13 struct the transportation improvements designed

14 under paragraph (1).

15 (3) COST SHARING.—The cost of planning, de16 sign, and construction of transportation improve17 ments under this subsection shall be treated as safe18 ty modifications and shall be subject to cost sharing

19 in accordance with section 1203 of the Water Re20 sources Development Act of 1986 (33 U.S.C. 467n).

21 All costs attributed to water and power users of the

22 Central Valley Project for such planning, design,

23 and construction shall be a Federal responsibility

24 and shall be nonreimbursable.
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1 (4) SPECIAL RULE FOR COST-BENEFIT ANAL2 YSIS.—For purposes of evaluating the costs and ben3 efits of the transportation improvements authorized

4 by this subsection, the benefits of such improve5 ments shall be allocated to ensuring adequate safety

6 at Folsom Dam and shall be deemed to equal the

7 cost of such improvements.

8 SEC. 581. WATER RESOURCES DEVELOPMENT.

9 (a) PLACER COUNTY WATER AGENCY.—

10 (1) CONTRACT CLARIFICATION.—

11 (A) IN GENERAL.—The Secretary of the

12 Interior shall amend Contract No. 14–06–200–

13 5082A between the Bureau of Reclamation and

14 the Placer County Water Agency for the sole

15 purposes of—

16 (i) adding in accordance with Cali17 fornia State water law a point of diversion

18 on the Sacramento River for the diversion

19 of water pursuant to the contract;

20 (ii) modifying the contract to charge

21 the Placer County Water Agency only for

22 water actually delivered after December

23 31, 1997; and

24 (iii) reaffirming the obligation of the

25 Bureau of Reclamation to make available
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1 to the Placer County Water Agency up to

2 117,000 acre-feet of water on the build-up

3 schedule set forth in such contract.

4 (B) DELIVERY OF WATER.—Upon amend5 ment of the contract under subparagraph (A),

6 the Secretary of the Interior shall deliver water

7 pursuant to the contract either from the Sac8 ramento River or from the American River with

9 the determination of which diversion or com10 bination of diversions to be utilized at any given

11 time or in any year to be made upon an oper12 ational determination based, first, on mini13 mizing any environmental harm associated with

14 the diversion of water under such contract and,

15 second, on reducing or moderating adverse ef16 fects on Central Valley Project contractors

17 below the Delta and shall, in addition, reduce to

18 insignificance the water supply impact, if any,

19 to water users in the Sacramento River water20 shed, including Central Valley Project contrac21 tors.

22 (C) LIMITATION.—The Secretary of the

23 Interior shall only deliver, pursuant to the con24 tract amended under subparagraph (A), in any

25 year, that amount of water actually needed by
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1 Placer County Water Agency for use in its serv2 ice area after—

3 (i) considering all other sources of

4 water available to the Agency;

5 (ii) implementation of water conserva6 tion; and

7 (iii) to the extent feasible, implemen8 tation of programs to maximize conjunctive

9 use of surface and groundwater.

10 (D) COOPERATION.—The Secretary of the

11 Interior is further authorized to work coopera12 tively with other entities who operate water

13 storage facilities on the Sacramento and Amer14 ican Rivers and their tributaries to provide as

15 much of the water needed to be delivered under

16 the contract amended under subparagraph (A),

17 in any given year, through improved or modi18 fied voluntary operation and management of the

19 water storage facilities to assist in reducing,

20 moderating, or eliminating any adverse impacts

21 on water supply to other Central Valley Project

22 contractors.

23 (2) SACRAMENTO RIVER DIVERSION INFRA24 STRUCTURE.—
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1 (A) DESIGN AND CONSTRUCTION.—The

2 Secretary of the Interior shall design and con3 struct facilities, including fish screens, for—

4 (i) the diversion and transportation of

5 up to 117,000 acre-feet of Central Valley

6 Project, California, water set forth in Con7 tract No. 14–06–200–5082A from a loca8 tion suitable to the Placer County Water

9 Agency on the Sacramento River between

10 the mouths of the Feather and the Amer11 ican Rivers to a point in western Placer

12 County, California, not less than one mile

13 east of the western boundary of Placer

14 County, at a continuous rate of not less

15 than 100 cubic feet per second;

16 (ii) the treatment of not less than 65

17 million gallons of water per day for domes18 tic use; and

19 (iii) the storage of not less than 20

20 million gallons of water.

21 (B) CONVEYANCE.—Upon completion of

22 construction of facilities under this paragraph,

23 ownership of the facilities shall be conveyed to

24 the Placer County Water Agency, together with

25 an easement over any related Federal property
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1 that provides the Agency the right to access all

2 such facilities and appurtenances for the pur3 poses of operation, maintenance, repair, recon4 struction or replacement or enlargement, in per5 petuity.

6 (3) AMERICAN RIVER PUMP STATION.—

7 (A) DESIGN AND CONSTRUCTION.—The

8 Secretary of the Interior shall design, construct,

9 and expand existing facilities or install new fa10 cilities to provide for a permanent diversion in11 take, pumping station, electric facilities, electric

12 transmission lines, water conveyance facilities

13 access roads, and all ancillary facilities nec14 essary to allow the Placer County Water Agen15 cy to divert and pump a total flow of not less

16 than 200 cubic feet per second from the Amer17 ican River into that Agency’s Auburn Ravine

18 Tunnel on a year-round basis.

19 (B) CONVEYANCE.—Upon completion of

20 construction of facilities under this paragraph,

21 ownership of the facilities shall be conveyed to

22 the Placer County Water Agency, together with

23 an easement over any related Federal property

24 that provides the Agency, the right to access all

25 of its pump station and tunnel facilities and ap-
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1 purtenances for the purposes of operation,

2 maintenance, repair, reconstruction or replace3 ment enlargement and relocation, in perpetuity.

4 (4) MODIFICATIONS TO HELL HOLE DAM.—The

5 Secretary of the Interior shall design and construct

6 gates and other facilities at Hell Hole Dam and Res7 ervoir of the Placer County Water Agency in Placer

8 County, California, sufficient to enable the Agency

9 to operate this dam and reservoir to assist in the

10 provision of flood protection for the lands and inhab11 itants adjacent to the American River downstream

12 of Folsom Dam.

13 (5) COSTS.—The total costs of design and con14 struction under this subsection is $133,000,000,

15 with an estimated Federal cost of $86,450,000 and

16 an estimated non-Federal cost of $46,550,000.

17 (b) EL DORADO IRRIGATION DISTRICT.—

18 (1) FOLSOM LAKE DIVERSION.—

19 (A) CONTRACT.—The Secretary of the In20 terior shall enter into a municipal and indus21 trial water supply contract with the El Dorado

22 Irrigation District, to provide not to exceed

23 35,000 acre-feet of water annually, for the pur24 pose of diverting water from Folsom Lake or
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1 exchange water upstream on the American

2 River or its tributaries.

3 (B) COOPERATION.—The Secretary of the

4 Interior shall work cooperatively with the city of

5 Sacramento, the Sacramento Municipal Utility

6 District, and other entities who operate facili7 ties on the American River or elsewhere within

8 the Central Valley Project area to provide all or

9 part of the 35,000 acre-feet of water annually

10 under subpargraph (A) through improved or

11 modified voluntary operation and management

12 of existing water storage and conveyance facili13 ties on the American River or elsewhere within

14 the Central Valley Project area, or through par15 ticipation in feasible groundwater banking pro16 grams that may be available, in order to reduce

17 or moderate adverse impacts to other Central

18 Valley Project contractors.

19 (C) LIMITATION ON DELIVERY OF

20 WATER.—The Secretary of the Interior shall

21 only deliver water pursuant to the contract en22 tered into under this paragraph, in any year,

23 that amount of water actually needed by the El

24 Dorado Irrigation District and Georgetown Di25 vide Public Utility District in their respective
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1 service area to be determined after considering

2 all other sources of water available to the dis3 tricts for this purpose, including the full utiliza4 tion of all other water entitlements and the im5 plementation of water conservation.

6 (D) ADDITIONAL AUTHORITY.—The

7 35,000 acre-feet of water to be provided under

8 the contract entered into under this paragraph

9 is in addition to the 15,000 acre-foot first phase

10 contracting authorized under section 206(b)(1)

11 of the Energy and Water Development Appro12 priations Act, 1991 (104 Stat. 2087–2088).

13 The 15,000 acre feet of water provided for in

14 such section may be consolidated into one con15 tract with the contract to provide 35,000 acre16 feet of water authorized under this paragraph.

17 (2) WARREN ACT CONTRACT.—Notwithstanding

18 the provisions of section 3404(a) of the Reclamation

19 Projects Authorization and Adjustment Act of 1992

20 (106 Stat. 4708), the Secretary of the Interior shall

21 enter into contracts under the Act of February 21,

22 1911, commonly known as the ‘‘Warren Act’’ (43

23 U.S.C. 523 et seq.; 36 Stat. 925), with the El Do24 rado Irrigation District or the El Dorado County

25 Water Agency for the storage and conveyance of
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1 qualities of water that such districts, together or

2 independently, may obtain pursuant to permit or li3 cense from the State of California.

4 (3) IMPROVEMENTS TO FOLSOM LAKE DIVER5 SION INFRASTRUCTURE.—The Secretary of the Inte6 rior shall design and construct facilities needed to

7 retrofit the El Dorado County Irrigation District’s

8 current Folsom Lake diversion infrastructure in

9 order to provide for the diversion, treatment, pump10 ing and conveyance of not to exceed 50,000 acre-feet

11 of water annually as authorized by paragraph (1) of

12 this subsection and section 206(b)(1) of the Energy

13 and Water Development Appropriations Act, 1991

14 (104 Stat. 2087–2088).

15 (4) COSTS.—The total costs of design and con16 struction under paragraph (3) is $21,561,500, with

17 an estimated Federal cost of $14,014,975 and an es18 timated non-Federal cost of $7,546,525.

19 (c) GEORGETOWN DIVIDE PUBLIC UTILITY DIS20 TRICT.—

21 (1) AMERICAN RIVER DIVERSION PROJECT.—

22 The Secretary of the Interior shall design and con23 struct facilities necessary to provide for the diver24 sion, transportation, treatment, and storage of not

25 less than 25 cubic feet per second and 7,500 acre-
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1 feet annually from the American River for the

2 Georgetown Divide Public Utility District to obtain

3 benefit of the Energy and Water Development Ap4 propriations Act, 1991. Such facilities shall be pro5 vided through an expansion of the capacity of the

6 Placer County Water Agency American River Pump

7 Station facilities identified in subsection (a)(3) of

8 this section.

9 (2) LAND TRANSFER.—The Secretary of the In10 terior shall grant to the Georgetown Divide Pubic

11 Utility District real property rights sufficient to en12 able the Utility District to implement paragraph (1).

13 (3) COSTS.—The total costs of design and con14 struction under this subsection is $10,000,000, with

15 an estimated Federal cost of $6,500,000 and an es16 timated non-Federal cost of $3,500,000.

17 (d) SAN JUAN WATER DISTRICT.—The Secretary of

18 the Interior shall provide, subject to advance appropria19 tions, $1,950,000 to the San Juan Water District to fund

20 65 percent of the costs to study and identify alternatives

21 that would optimize conjunctive use opportunities within

22 Placer and Sacramento Counties, California, and to imple23 ment a pilot project necessary to analyze the technical and

24 administrative processes identified through such a study.

25 (e) FOLSOM RESERVOIR DIVERSIONS.—
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1 (1) IMPROVEMENTS TO FOLSOM LAKE DIVER2 SION INFRASTRUCTURE.—The Secretary of the Inte3 rior shall design and construct improvements to fa4 cilities at Folsom Dam needed to divert, pump, and

5 transport additional water from Folsom Reservoir to

6 the city of Roseville, the San Juan Water District,

7 the city of Folsom, and the Placer County Water

8 Agency, including expansion of the Industrial Pump

9 Station.

10 (2) COSTS.—The total costs of design and con11 struction under this subsection is $5,000,000, with

12 an estimated Federal cost of $3,250,000 and an es13 timated non-Federal cost of $1,750,000.

14 (f) SAN JOAQUIN COUNTY.—

15 (1) WET YEAR WATER DIVERSIONS.—

16 (A) IN GENERAL.—The Secretary of the

17 Interior shall contract with San Joaquin Coun18 ty, California, or any water agency or agencies

19 within San Joaquin County, for diversion of

20 water at the American River Nimbus diversion

21 facility and the wheeling of water through the

22 Folsom-South Canal for the purpose of assist23 ing in the development of recharge projects

24 within the East San Joaquin County Recharge

25 Project; except that the quantity of water di-
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1 verted and conveyed by and through these fa2 cilities shall—

3 (i) be granted through a water rights

4 permit or license issued by the State of

5 California Water Resources Control Board;

6 (ii) be not greater than 500 cubic feet

7 per second;

8 (iii) be utilized solely as part of a con9 junctive use program to assist in alle10 viating groundwater overdraft in the east11 ern San Joaquin County groundwater

12 basin in which water is only diverted to un13 derground storage in years of water sur14 plus; and

15 (iv) be restricted to water that is—

16 (I) determined by the Secretary

17 of the Interior to be nonstorable or

18 necessary to be released for flood con19 trol; and

20 (II) determined by the State of

21 California Water Resources Control

22 Board to be in excess of the rights

23 and needs of other legal users of

24 water from the American River, in-
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1 cluding Central Valley Project and

2 State Water Project contractors.

3 (B) LIMITATIONS.—The conveyance of

4 water through the facilities referred to in sub5 paragraph (A) shall not reduce the quantity of

6 water otherwise available to the Central Valley

7 Project and State Water Project. Water di8 verted by and through such facilities shall not

9 result in any adverse affect on obligations of

10 the Secretary of the Interior to meet instream

11 flows and water quality requirements on the

12 lower American River or the Delta. No water

13 subject to this provision shall be utilized to the

14 benefit of areas, agencies, or facilities outside of

15 San Joaquin or Sacramento Counties, Cali16 fornia.

17 (2) AUTHORIZATION OF PROJECT LOAN.—

18 (A) IN GENERAL.—In consultation with

19 local officials, the Secretary of the Interior shall

20 make available a 40-year Federal loan with no

21 interest in the amount of $100,000,000 to the

22 appropriate agency or agencies within San Joa23 quin County, California, for purposes of car24 rying out all work required to complete the
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1 project known as the East San Joaquin County

2 Recharge Project.

3 (B) LIMITATION.—No money authorized to

4 be appropriated to carry out this paragraph

5 shall be made available until such time as San

6 Joaquin County, California, shall have perfected

7 water rights permits or licenses from the Cali8 fornia State Water Resources Control Board

9 sufficient to carry out the purposes of the East

10 San Joaquin County Recharge Project.

11 (g) SOUTH SACRAMENTO COUNTY.—The Secretary

12 of the Interior shall make available 35,000 acre feet of

13 water for diversion from the American River through the

14 Folsom South Canal for South Sacramento County agri15 culture and water users (including the Clay Water Dis16 trict, Galt Irrigation District, and Omochumne-Hartnell

17 Water District). Such diversion shall occur in years when

18 the March through November unimpaired flow into Fol19 som Reservoir is greater than 1,600,000 acre feet as speci20 fied in the document entitled ‘‘Water Forum Action Plan’’,

21 dated January 1999.

22 (h) WATER RESOURCE GRANTS.—

23 (1) MITIGATION FOR DIVERSIONS.—The Sec24 retary of the Interior shall provide, through grants

25 or other cooperative agreements to one or more of
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1 the Placer County Water Agency, El Dorado Irriga2 tion District, El Dorado County Water Agency,

3 Georgetown Divide Public Utility District, city of

4 Roseville, city of Folsom, San Juan Water District

5 and its wholesale suppliers, the County of Sac6 ramento, and other agencies located north of the

7 confluence of the American and Sacramento Rivers

8 that divert or use water from the Sacramento River

9 and its tributaries, funds for the purpose of imple10 menting projects on the American River and tribu11 taries (or, where appropriate, on other rivers that

12 are or can be operationally integrated with the

13 American River) which will provide water supply

14 benefits to municipal jurisdictions and operational

15 and management flexibility within these areas of ori16 gin in a manner that reduces, moderates, or elimi17 nates the adverse impacts of diversions provided for

18 in or facilitated by this section on the Central Valley

19 Project.

20 (2) AUTHORIZATION OF APPROPRIATIONS.—

21 There is authorized to be appropriated to carry out

22 this subsection $30,000,000.

23 (i) IMPLEMENTATION REQUIREMENTS.—

24 (1) COST EFFECTIVENESS FINDING.—The Sec25 retary of the Interior shall carry out an activity
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1 under this section only if the Secretary of the Inte2 rior determines that the activity is cost effective.

3 (2) ENVIRONMENTAL COMPLIANCE.—Before

4 implementation of any activity under this section,

5 the Secretary of the Interior shall comply with the

6 provisions of the National Environmental Policy Act

7 of 1969, if applicable, with respect to such activity

8 by preparing a joint environmental impact statement

9 and environmental impact report under the Cali10 fornia Environmental Quality Act. The baseline for

11 evaluating both direct and cumulative impacts of

12 such activity shall consider the area of origin prior13 ities granted to interests within Placer, El Dorado,

14 and Sacramento Counties, California.

15 (3) USE OF FUNDS.—The Secretary of the In16 terior may use funds appropriated to carry out this

17 section for the implementation of this subsection.

18 (j) GRANTS AND REIMBURSEMENTS.—

19 (1) GRANTS.—The Federal share of the costs of

20 any activity under this section may be provided in

21 the form of grants to the non-Federal interest or di22 rect reimbursements to the non-Federal interest of

23 such costs.

24 (2) ADVANCE CONSTRUCTION REIMBURSE25 MENT.—Subject to the availability of appropriations,
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1 the Secretary of the Interior may reimburse any

2 non-Federal interest an amount equal to the esti3 mate of the Federal share, without interest, of the

4 cost of any work (including work associated with

5 studies, planning, design, and construction) carried

6 out by a non-Federal interest otherwise made eligi7 ble for non-Federal assistance under this section.

8 Reimbursements for construction work by a non9 Federal interest on an eligible project in this section

10 may be made only—

11 (A) if, before initiation of construction of

12 the project, the Secretary of the Interior ap13 proves the plans for construction of such

14 project by the non-Federal interest;

15 (B) if, after a review of studies and design

16 documents prepared pursuant to this section,

17 the Secretary of the Interior finds that con18 struction of the project meets the requirements

19 in subsection (i); and

20 (C) if the Secretary of the Interior deter21 mines that the work for which reimbursement is

22 requested has been performed in accordance

23 with applicable permits and approved plans.

24 (k) NONREIMBURSEMENT OF FEDERAL COSTS.—

25 Notwithstanding any provision of Federal reclamation
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1 laws (including the Act of June 17, 1902 (32 Stat. 388),

2 and all Acts amendatory thereof or supplemental thereto),

3 the Federal share of funds authorized and appropriated

4 to implement this section shall be considered a non5 reimbursable Federal expenditure.

6 (l) OTHER WATER SUPPLY STUDIES.—

7 (1) INCREASED WATER SUPPLY THROUGH AL8 TERATION OF RESERVOIR OPERATION.—

9 (A) IN GENERAL.—The Secretary of the

10 Interior shall contract with the State of Cali11 fornia to undertake a study to determine oppor12 tunities to increase the available water supply

13 by altering the operation of the reservoirs and

14 related facilities located on rivers that drain

15 into the Sacramento and San Joaquin Valleys

16 owned by the Federal Government, the State of

17 California, local governments, and private par18 ties.

19 (B) PROTECTION OF PROPERTY RIGHTS.—

20 The study shall be based on the protection of

21 existing property rights, recreational values, en22 vironmental values, and operational and con23 tractual constraints and obligations.
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1 (C) ASSUMPTION.—The study shall as2 sume only voluntary reoperation of the facili3 ties.

4 (D) LIMITATION.—The completion of the

5 study shall not be a basis to delay or impact the

6 operation, relicensing, or transfer of ownership

7 of any reservoir, water project, or hydroelectric

8 facility.

9 (E) FUNDING.—There is authorized to be

10 appropriated to carry out this paragraph

11 $3,000,000.

12 (2) INCREASED WATER SUPPLY STORAGE AT

13 RESERVOIRS DRAINING INTO CALIFORNIA CENTRAL

14 VALLEY.—

15 (A) IN GENERAL.—The Secretary of the

16 Interior shall undertake a study of the opportu17 nities to increase available water supply storage

18 at the Sites/Colusa Reservoir Project area, Cot19 tonwood Creek Reservoir Complex area, Yuba

20 River Dam area, and other potential reservoir

21 sites that drain into the California Central Val22 ley.

23 (B) PROTECTION OF PROPERTY RIGHTS.—

24 The study shall be based on the protection of

25 existing property rights and recreational values.
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1 (C) COOPERATION.—The study shall be

2 completed in cooperation with other related

3 studies.

4 (D) FUNDING.—There is authorized to be

5 appropriated to carry out this paragraph

6 $3,000,000.

7 (m) AMERICAN RIVER CONTRACT ADMINISTRA8 TION.—

9 (1) IN GENERAL.—In order to reduce or mod10 erate adverse impacts to other Central Valley

11 Project contractors resulting from new contracts

12 with a point of delivery on the American River, the

13 Secretary of the Interior shall administer Central

14 Valley Project water contracts on the American

15 River, at any given time or in any year, in coopera16 tion with the city of Sacramento, the Sacramento

17 Municipal Utility District, or other entities that op18 erate facilities on the American River or elsewhere

19 in the Central Valley Project area to provide Amer20 ican River water deliveries through improved or

21 modified voluntary operation and management of ex22 isting water storage and conveyance facilities, in23 cluding water transfers, on the American River or

24 elsewhere in the Central Valley Project area, or
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1 through participation in feasible groundwater bank2 ing programs that may be available.

3 (2) LIMITATION ON DELIVERY OF WATER.—The

4 Secretary of the Interior shall only deliver water

5 pursuant to any contracts with a point of delivery on

6 the American River, in any year, that the Central

7 Valley Project water is actually needed by American

8 River Central Valley Project contractors in the re9 spective service areas of such contractors after con10 sidering all other sources of water available to such

11 contractors, including the full utilization of all other

12 water entitlements and the implementation of water

13 conservation by any such contractor, and only in the

14 amount actually needed.

15 SEC. 582. ALLOCATION OF APPROPRIATIONS

16 (a) EIS AND PLANNING STAGE.—Except as provided

17 in subsection (e), funds appropriated to carry out sections

18 580 and 581 of this Act for each of fiscal years 2000,

19 2001, 2002, and 2003 shall be allocated according to the

20 ratio of 60 percent for section 580 and 40 percent for sec21 tion 581.

22 (b) INTENSE FLOOD CONTROL CONSTRUCTION

23 PHASE.—Except as provided in subsection (e), funds ap24 propriated to carry out sections 580 and 581 of this Act

25 for each of fiscal years 2004, 2005, and 2006 shall be
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1 allocated according to the ratio of 90 percent for section

2 580 and 10 percent for section 581.

3 (c) FLOOD CONTROL/WATER SUPPLY TRANSITIONAL

4 PHASE.—Except as provided in subsection (e), funds ap5 propriated to carry out sections 580 and 581 of this Act

6 for each of fiscal years 2007, 2008, 2009, and 2010 shall

7 be allocated according to the ratio of 75 percent for sec8 tion 580 and 25 percent for section 581.

9 (d) PROJECT COMPLETION PHASE.—For each fiscal

10 year following fiscal year 2010, funds appropriated to

11 carry out sections 580 and 581 of this Act shall be allo12 cated according to a ratio of 25 percent for section 580

13 and 75 percent for section 581. In the event that design

14 and construction activities under section 580 or 581 have

15 been completed, all funds appropriated to carry out such

16 sections shall be allocated to the remaining design and

17 construction activities authorized under such section.

18 (e) LIMITATION.—The allocation of appropriations

19 required under subsections (a) through (d) shall not take

20 effect for any fiscal year during which funds appropriated

21 to carry out section 580 or 581 may not be obligated due

22 to the failure to successfully complete any required feasi23 bility studies or environmental reviews or the refusal or

24 inability of a non-Federal interest to enter into a binding
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1 local agreement to carry out the items of local cooperation

2 required pursuant to such section.

3 SEC. 583. WALLOPS ISLAND, VIRGINIA.

4 (a) EMERGENCY ACTION.—The Secretary shall take

5 emergency action to protect Wallops Island, Virginia, from

6 damaging coastal storms, by improving and extending the

7 existing seawall, replenishing and renourishing the beach,

8 and constructing protective dunes.

9 (b) REIMBURSEMENT.—The Secretary shall seek re10 imbursement from other Federal agencies whose resources

11 are protected by the emergency action taken under sub12 section (a).

13 (c) AUTHORIZATION OF APPROPRIATIONS.—There is

14 authorized to be appropriated to carry out this section

15 $8,000,000.

Æ