II

106TH CONGRESS

2D SESSION S. 2437

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

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

and for other purposes.

IN THE SENATE OF THE UNITED STATES

APRIL 13, 2000

Mr. SMITH of New Hampshire (for himself and Mr. BAUCUS) (by request) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works

A BILL

To provide for the conservation and development of water

and related resources, to authorize the Secretary of the

Army to construct various projects for improvements to

rivers and harbors of the United States, and for other

purposes.

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

5 ‘‘Water Resources Development Act of 2000’’.

6 (b) TABLE OF CONTENTS.—

Sec. 1. Short title; table of contents.
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Sec. 2. Definitions.

Sec. 3. Comprehensive Everglades Restoration Plan.

Sec. 4. Watershed and river basin assessments.

Sec. 5. Brownfields Revitalization Program.

Sec. 6. Tribal Partnership Program.

Sec. 7. Ability to pay.

Sec. 8. Property Protection Program.

Sec. 9. National Recreation Reservation Service.

Sec. 10. Operation and maintenance of hydroelectric facilities.

Sec. 11. Interagency and international support.

Sec. 12. Reburial and transfer authority.

Sec. 13. Amendment to Rivers and Harbors Act.

Sec. 14. Structural flood control cost-sharing.

Sec. 15. CALFED Bay Delta Program assistance.

Sec. 16. Project de-authorizations.

Sec. 17. Floodplain management requirements.

Sec. 18. Transfer of project lands.

Sec. 19. Puget Sound and adjacent waters restoration.

1 SEC. 2. DEFINITION OF SECRETARY.

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

4 SEC. 3. COMPREHENSIVE EVERGLADES RESTORATION

5 PLAN.

6 (a) DEFINITIONS.—In this section, the following defi7 nitions apply:

8 (1) CENTRAL AND SOUTHERN FLORIDA

9 PROJECT.—The term ‘‘Central and Southern Florida

10 Project’’ means the project for Central and Southern

11 Florida authorized under the heading ‘‘CENTRAL

12 AND SOUTHERN FLORIDA’’ in section 203 of

13 the Flood Control Act of 1948 (62 Stat. 1176), any

14 modification to the project authorized by law, or

15 modified by the Comprehensive Everglades Restora16 tion Plan.
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1 (2) SOUTH FLORIDA ECOSYSTEM.—The term

2 ‘‘South Florida ecosystem’’ means the area con3 sisting of the lands and waters within the boundary,

4 existing on July 1, 1999, of the South Florida

5 Water Management District, including the Ever6 glades ecosystem, the Florida Keys, Biscayne Bay,

7 Florida Bay, and other contiguous near-shore coast8 al waters of South Florida.

9 (3) COMPREHENSIVE EVERGLADES RESTORA10 TION PLAN.—The term ‘‘Comprehensive Everglades

11 Restoration Plan’’ means the plan contained in the

12 ‘‘Final Feasibility Report and Programmatic Envi13 ronmental Impact Statement’’, April 1999, as trans14 mitted to the Congress by the July 1, 1999, letter

15 of the Assistant Secretary of the Army for Civil

16 Works pursuant to section 528 of the Water Re17 sources Development Act of 1996 (110 Stat 3767).

18 (4) NATURAL SYSTEM.—The term ‘‘natural sys19 tem’’ means all federally or State-managed lands

20 and waters within the South Florida ecosystem, in21 cluding the water conservation areas, Everglades

22 National Park, Big Cypress National Preserve, and

23 other federally or State-designated conservation

24 lands, and other lands that create or contribute to

25 habitat supporting native flora and fauna.
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1 (b) FINDINGS.—The Congress finds that:

2 (1) The Everglades is an American treasure. In

3 its natural state, the South Florida ecosystem was

4 connected by the flow of fresh water from the Kis5 simmee River to Lake Okeechobee—south through

6 vast freshwater marshes known as the Everglades—

7 to Florida Bay, and on to the coral reefs of the

8 Florida Keys. The South Florida ecosystem covers

9 approximately 18,000 square miles and once in10 cluded a unique and biologically productive region,

11 supporting vast colonies of wading birds, a mixture

12 of temperate and tropical plant and animal species,

13 and teeming coastal fisheries and North America’s

14 only barrier coral reef. The South Florida ecosystem

15 is endangered as a result of adverse changes in the

16 quantity, distribution, and timing of flows and deg17 radation of water quality. The Everglades alone has

18 been reduced in size by approximately 50 percent.

19 Restoration of this nationally and internationally

20 recognized ecosystem, including America’s Ever21 glades is in the Nation’s interest.

22 (2) The Central and Southern Florida Project

23 plays an important role in the economy of south

24 Florida by providing flood protection and water sup25 ply to agriculture and the residents of south Florida
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1 and providing water to the water conservation areas,

2 Everglades National Park and other natural areas

3 for the purpose of preserving fish and wildlife re4 sources. The population of the region is expected to

5 continue to grow, further straining the ability of the

6 existing Central and Southern Florida Project to

7 meet the needs of the natural system and the people

8 of south Florida.

9 (3) Modifications to the Central and Southern

10 Florida Project are needed to restore, preserve, and

11 protect the South Florida ecosystem, including the

12 Everglades, while continuing to provide for the water

13 related needs of the region, including flood protec14 tion and other objectives served by the Project.

15 (4) The Comprehensive Everglades Restoration

16 Plan is scientifically and economically sound plan

17 that modifies the Central and Southern Florida

18 Project to restore, preserve and protect the South

19 Florida ecosystem. By storing most of the water cur20 rently discharged to the Atlantic Ocean and Gulf of

21 Mexico, ensuring the quality of water discharged

22 into the South Florida ecosystem from project fea23 tures, and removing internal levees and canals in the

24 Everglades, the Comprehensive Everglades Restora25 tion Plan provides the roadmap for the recovery of
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1 a healthy, sustainable ecosystem as well as providing

2 for the other water-related needs of the region, in3 cluding flood protection, the enhancement of water

4 supplies, and other objectives served by the Central

5 and Southern Florida Project.

6 (5) The comprehensive, system-wide nature of

7 the Comprehensive Everglades Restoration Plan and

8 the linkage of the elements of the plan to each other

9 must be preserved not only during the over 25-year

10 period that will be necessary for its implementation,

11 but for as long as the project remains authorized.

12 Implementation must proceed in a programmatic

13 manner using the principles of adaptive assessment

14 as outlined in the Comprehensive Everglades Res15 toration Plan.

16 (6) The Comprehensive Everglades Restoration

17 Plan contains a number of components that will ben18 efit Everglades National Park, Biscayne National

19 Park, Florida Keys National Marine Sanctuary, Big

20 Cypress National Preserve, Ten Thousand Islands

21 National Wildlife Refuge, and Loxahatchee National

22 Wildlife Refuge by significantly improving the quan23 tity, quality, timing, and distribution of water deliv24 ered to these Federal areas. Improved water deliv-
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1 eries will also provide benefits to federally-listed

2 threatened and endangered species.

3 (7) The Congress, the Federal Government, and

4 the State of Florida have, in prior legislation, recog5 nized the need to restore, preserve, and protect the

6 South Florida ecosystem. These on-going efforts are

7 important to the success of the Comprehensive Ever8 glades Restoration Plan. Since the creation of the

9 South Florida Ecosystem Restoration Task Force in

10 1993, the Federal Government has been working in

11 partnership with tribal, State, and local govern12 ments, the private sector, and individual citizens to

13 accomplish restoration of the South Florida eco14 system. It is important for the long-term restoration

15 of this ecosystem that these efforts, including the

16 South Florida Ecosystem Restoration Task Force,

17 be continued and strengthened. The State with its

18 financial responsibilities for project implementation

19 and capabilities in the planning, design, construc20 tion, and operation of the Comprehensive Everglades

21 Restoration Plan, must be a full partner with the

22 Federal Government.

23 (c) COMPREHENSIVE EVERGLADES RESTORATION

24 PLANS.—
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1 (1) IN GENERAL.—Congress hereby approves

2 the Comprehensive Everglades Restoration Plan to

3 modify the Central and Southern Florida Project to

4 restore, preserve, and protect the South Florida eco5 system. These changes are necessary in order to en6 sure that the Central and Southern Florida Project

7 as amended provides for the improvement and pro8 tection of water quality in, and the reduction of the

9 loss of fresh water from, the South Florida eco10 system, as well as providing for the water related

11 needs of the region, including flood protection, the

12 enhancement of water supplies, and other objectives

13 served by the Central and Southern Florida Project.

14 (2) SPECIFIC AUTHORIZATIONS.—

15 (A) IN GENERAL—Those projects included

16 in the Comprehensive Everglades Restoration

17 Plan and specified in paragraphs (B) and (C)

18 are authorized to be carried out by the Sec19 retary substantially in accordance with the

20 plans, and subject to the conditions described in

21 the Central and Southern Florida Project: Com22 prehensive Review Study Report of the Chief of

23 Engineers dated June 22, 1999.

24 (B) PILOT PROJECTS.—The following pilot

25 projects are authorized for implementation,
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1 after review and approval by the Secretary, at

2 a total cost of $69,000,000, with an estimated

3 Federal cost of $34,500,000 and an estimated

4 non-Federal cost of $34,500,000:

5 (i) Caloosahatchee River (C–43)

6 Basin ASR ($6,000,000);

7 (ii) Lake Belt In-Ground Reservoir

8 Technology ($23,000,000);

9 (iii) L–31N Seepage Management

10 ($10,000,000); and,

11 (iv) Wastewater Reuse Technology

12 ($30,000,000).

13 (C) OTHER PROJECTS.—The following

14 projects are authorized at a total cost of

15 $1,100,918,000, with an estimated Federal cost

16 of $550,459,000 and an estimated non-Federal

17 cost of $550,459,000. Prior to implementation

18 of projects (1) through (10), the Secretary shall

19 review and approve a Project Implementation

20 Report prepared in accordance with subsection

21 (g).

22 (i) C–44 Basin Storage Reservoir

23 ($112,562,000);
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1 (ii) Everglades Agricultural Area

2 Storage Reservoirs—Phase I

3 ($233,408,000);

4 (iii) Site 1 Impoundment

5 ($38,535,000);

6 (iv) Water Conservation Areas 3A/3B

7 Levee Seepage Management

8 ($100,335,000);

9 (v) C–11 Impoundment and

10 Stormwater Treatment Area

11 ($124,837,000);

12 (vi) C–9 Impoundment and

13 Stormwater Treatment Area

14 ($89,146,000);

15 (vii) Taylor Creek/Nubbin Slough

16 Storage and Treatment Area

17 ($104,027,000);

18 (viii) Raise and Bridge East Portion

19 of Tamiami Trail and Fill Miami Canal

20 within Water Conservation Area 3

21 ($26,946,000);

22 (ix) North New River Improvements

23 ($77,087,000);

24 (x) C–111 Spreader Canal

25 ($94,035,000); and
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1 (xi) Adaptive Assessment and Moni2 toring Program (10 years) ($100,000,000).

3 (d) ADDITIONAL PROGRAM AUTHORITY.—In order to

4 expedite implementation of the Comprehensive Everglades

5 Restoration Plan, the Secretary is authorized to imple6 ment modifications to the Central and Southern Florida

7 Project that are consistent with the Comprehensive Ever8 glades Restoration Plan and that will produce independent

9 and substantial restoration, preservation, or protection

10 benefits to the South Florida ecosystem; provided that the

11 total Federal cost of each project accomplished under this

12 authority shall not exceed $35,000,000; and provided fur13 ther that the total Federal cost of all the projects accom14 plished under this authority shall not exceed

15 $250,000,000. Prior to implementation of any project au16 thorized under this subsection, the Secretary shall review

17 and approve a Project Implementation Report prepared in

18 accordance with subsection (g).

19 (e) AUTHORIZATION OF FUTURE PROJECT FEA20 TURES.—Except for those projects authorized in sub21 sections (c) and (d), all future projects included in the

22 Comprehensive Everglades Restoration Plan shall require

23 a specific authorization of Congress. Prior to authoriza24 tion, the Secretary shall transmit such projects to Con25 gress along with a Project Implementation Report pre-
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1 pared in accordance with subsection (g). Further, such

2 projects, if authorized, shall be implemented pursuant to

3 subsection (i) of this section.

4 (f) COST SHARING.—

5 (1) IN GENERAL.—The non-Federal share of

6 the cost of implementing projects authorized under

7 subsections (c), (d), and (e) shall be 50 percent. The

8 non-Federal sponsor shall be responsible for all

9 lands, easements, rights-of-way, and relocations and

10 shall be afforded credit toward the non-Federal

11 share in accordance with paragraph (3)(A). The

12 non-Federal sponsor may accept Federal funding for

13 the purchase of the necessary lands, easements,

14 rights-of-way or relocations, provided that such as15 sistance is credited toward the Federal share of the

16 cost of the project.

17 (2) OPERATION AND MAINTENANCE.—Notwith18 standing section 528(e)(3) of the Water Resources

19 Development Act of 1996, the non-Federal sponsor

20 shall be responsible for 60 percent of the operation,

21 maintenance, repair, replacement, and rehabilitation

22 cost of activities authorized under this section.

23 (3) CREDIT AND REIMBURSEMENT.—

24 (A) LANDS.—Regardless of the date of ac25 quisition, the value of lands or interests in land
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1 acquired by non-Federal interests for any activ2 ity required in this section shall be included in

3 the total cost of the activity and credited

4 against the non-Federal share of the cost of the

5 activity. Such value shall be determined by the

6 Secretary.

7 (B) WORK.—The Secretary may provide

8 credit, including in-kind credit, to or reimburse

9 the non-Federal project sponsor for the reason10 able cost of any work performed in connection

11 with a study or activity necessary for the imple12 mentation of the Comprehensive Everglades

13 Restoration Plan if the Secretary determines

14 that the work is necessary and the credit or re15 imbursement is granted for work completed

16 during the period of design or implementation

17 pursuant to an agreement between the Sec18 retary and the non-Federal sponsor that pre19 scribes the terms and conditions of the credit

20 or reimbursement.

21 (C) AUDITS.—Credit or reimbursement for

22 land or work granted under this subsection

23 shall be subject to audit by the Secretary.

24 (g) EVALUATION OF PROJECT FEATURES.—
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1 (1) IN GENERAL.—Prior to implementation of

2 project features authorized in subsection

3 (c)(2)(C)(1) through (c)(2)(C)(10) and subsection

4 (d), the Secretary, in cooperation with the non-Fed5 eral sponsor, shall, after notice and opportunity for

6 public comment, complete Project Implementation

7 Reports to address the project(s) cost effectiveness,

8 engineering feasibility, and potential environmental

9 impacts, including National Environmental Policy

10 Act compliance. The Secretary shall coordinate with

11 appropriate Federal, tribal, state and local govern12 ments during the development of such reports and

13 shall identify any additional water that will be made

14 available for the natural system, existing legal users,

15 and other water related needs of the region. Fur16 ther, such reports shall ensure that each project fea17 ture is consistent with the programmatic regulations

18 issued pursuant to subsection (i).

19 (2) PROJECT JUSTIFICATION.—Notwith20 standing section 209 of the Flood Control Act of

21 1970 (42 U.S.C. 1962–2) or any other provision of

22 law regarding economic justification, in carrying out

23 activities authorized in accordance with subsections

24 (c), (d), and (e), the Secretary may determine that

25 activities are justified by the environmental benefits
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1 derived by the South Florida ecosystem in general

2 and the Everglades and Florida Bay in particular,

3 and shall not need further economic justification if

4 the Secretary determines that the activities are cost

5 effective.

6 (h) SOCIALLY AND ECONOMICALLY DISADVANTAGED

7 INDIVIDUALS.—

8 (1) IN GENERAL.—Socially and economically

9 disadvantaged individuals and communities make up

10 a large portion of the South Florida ecosystem and

11 have legitimate interests in the implementation of

12 the Comprehensive Everglades Restoration Plan.

13 Further, such groups have not, in some cases, been

14 given the opportunity to understand and participate

15 fully in the development of water resources projects.

16 As provided in this subsection, the Secretary shall

17 ensure that impacts on socially and economically dis18 advantaged individuals are considered during the im19 plementation of the Comprehensive Everglades Res20 toration Plan and that such individuals have oppor21 tunities to review and comment on its implementa22 tion.

23 (2) DEFINITIONS.—In this subsection, the fol24 lowing definitions apply:
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1 (A) SMALL BUSINESS CONCERN.—The

2 term ‘‘small business concern’’ has the meaning

3 such term has under section 3 of the Small

4 Business Act (15 U.S.C. 632).

5 (B) SOCIALLY AND ECONOMICALLY DIS6 ADVANTAGED INDIVIDUALS.—The term ‘‘so7 cially and economically disadvantaged individ8 uals’’ has the meaning such term has under

9 section 8(d) of the Small Business Act (15

10 U.S.C. 637(d)) and relevant subcontracting reg11 ulations promulgated pursuant thereto.

12 (3) PROGRAM FOR SOCIALLY AND ECONOMI13 CALLY DISADVANTAGED INDIVIDUALS.—The Sec14 retary shall establish a program to ensure that so15 cially and economically disadvantaged individuals

16 within the South Florida ecosystem are informed of

17 the Comprehensive Everglades Restoration Plan,

18 given the opportunity to review and comment on

19 each project feature, provided opportunities to par20 ticipate as a small business concern contractor, and

21 given opportunities for employment or internships in

22 emerging industry sectors.

23 (4) CONTRACTS TO BUSINESSES OWNED BY SO24 CIALLY AND ECONOMICALLY DISADVANTAGED INDI25 VIDUALS.—The Secretary shall establish a goal that
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1 not less than 10 percent of the amounts made avail2 able for construction of projects authorized pursuant

3 to subsections (c), (d), and (e), shall be expended

4 with small business concerns owned and controlled

5 by socially and economically disadvantaged individ6 uals within the South Florida ecosystem.

7 (i) ASSURING PROJECT BENEFITS.—

8 (1) IN GENERAL.—The primary and over9 arching purpose of the Comprehensive Everglades

10 Restoration Plan is to restore, preserve and protect

11 the natural system within the South Florida eco12 system. The Comprehensive Everglades Restoration

13 Plan shall be implemented to ensure the protection

14 of water quality in, the reduction of the loss of fresh

15 water from, and the improvement of the environ16 ment of the South Florida ecosystem, while pro17 viding for other water-related needs of the region,

18 including water supply and flood protection. The

19 Central and Southern Florida Project, as amended

20 by the Comprehensive Everglades Restoration Plan,

21 shall be implemented in a manner that ensures that

22 the benefits to the natural system and the human

23 enviornment, including the proper quantity, quality,

24 timing and distribution of water, are achieved and

25 maintained for as long as the Central and Southern
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1 Florida Project remains authorized. When imple2 mented fully, the approximately 68 features of the

3 Comprehensive Everglades Restoration Plan will re4 sult in modifications to the existing Central and

5 Southern Florida Project works that shall provide

6 the water necessary to restore, preserve and protect

7 the natural system while providing for other water

8 related needs of the region. The Secretary shall en9 sure that both the natural system and the human

10 environment receive the benefits intended when such

11 modifications to the Central and Southern Florida

12 project are made pursuant to the Comprehensive Ev13 erglades Restoration Plan and previous Acts of Con14 gress.

15 (2) DEDICATION AND MANAGEMENT OF

16 WATER.—

17 (A) IN GENERAL.—Consistent with sub18 section (i)(2)(B), the Secretary shall dedicate

19 and manage the water made available from the

20 Central and Southern Florida Project features

21 authorized, constructed, and operated in accord22 ance with previous Acts of Congress and this

23 Act authorizing the implementation of features

24 of the Comprehensive Everglades Restoration

25 Plan, for the temporal and spatial needs of the
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1 natural system. The needs of the natural sys2 tem and the human environment shall be de3 fined in terms of quality, quantity, timing and

4 distribution of water. In developing the regula5 tions that provide for the dedication and man6 agement of water for the natural system in ac7 cordance with this subsection, the Secretary

8 shall incorporate rainfall driven operational cri9 teria and annual fluctuations in rainfall.

10 (B) PROGRAMMATIC REGULATIONS.—The

11 Secretary shall, after notice and opportunity for

12 public comment and with the concurrence of the

13 Secretary of the Interior, and in consultation

14 with the Secretary of Commerce, the Adminis15 trator of the Environmental Protection Agency

16 and the Governor of the State of Florida, issue

17 programmatic regulations identifying the

18 amount of water to be dedicated and managed

19 for the natural system from the Central and

20 Southern Florida Project features authorized,

21 constructed, and operated in accordance with

22 previous acts of Congress and this Act through

23 the implementation of the Comprehensive Ever24 glades Restoration Plan features. Such regula25 tions shall be completed within two years of the
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1 date of enactment of this Act. These regula2 tions shall ensure that the natural system and

3 the human environment receive the benefits in4 tended, including benefits for the restoration,

5 preservation, and protection of the natural sys6 tem, as the Comprehensive Everglades Restora7 tion Plan is implemented and incorporated into

8 the Central and Southern Florida Project for as

9 long as the project remains authorized. Nothing

10 in this Act shall prevent the State of Florida

11 from reserving water for environmental uses

12 under the 1972 Florida Water Resources Act to

13 the extent consistent with this section.

14 (C) PROJECT SPECIFIC REGULATIONS.—

15 The Secretary, after notice and opportunity for

16 public comment, and in consultation with the

17 Secretary of the Interior, Secretary of Com18 merce, the Administrator of the Environmental

19 Protection Agency, other Federal agencies, and

20 the State of Florida shall develop project fea21 ture specific regulations to ensure that the ben22 efits anticipated from each feature of the Com23 prehensive Everglades Restoration Plan are

24 achieved and maintained as long as the project

25 remains authorized. Each such regulation shall
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1 be consistent with the programmatic regulations

2 issued pursuant to subsection (i)(2)(B), be

3 based on the best available science, and ensure

4 that the quantity, quality, timing, and distribu5 tion of water for the natural system and the

6 human environment anticipated in the Com7 prehensive Plan for each project feature is

8 achieved and maintained.

9 (3) EXISTING WATER USES.—The Secretary shall

10 ensure that the implementation of the Comprehen11 sive Everglades Restoration Plan, including physical

12 or operational modifications to the Central and

13 Southern Florida Project, does not cause substantial

14 adverse impacts on existing legal water uses, includ15 ing annual water deliveries to Everglades National

16 Park, water for the preservation of fish and wildlife

17 in the natural system, and other legal uses as of the

18 date of enactment of this Act. The Secretary shall

19 not eliminate existing legal sources of water supply,

20 including those for agricultural water supply, water

21 for Everglades National Park and the preservation

22 of fish and wildlife, until new sources of water sup23 ply of comparable quantity and quality are available

24 to replace the water to be lost from existing sources.
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1 Existing authorized levels of flood protection will be

2 maintained.

3 (j) REPORT TO CONGRESS.—Beginning on October 1,

4 2005, and periodically thereafter until October 1, 2036,

5 the Secretary and the Secretary of the Department of the

6 Interior, in consultation with the Environmental Protec7 tion Agency, the Department of Commerce and the State

8 of Florida, shall jointly submit to Congress a report on

9 the implementation of the Comprehensive Everglades Res10 toration Plan. Such reports shall be completed no less

11 than every five years. Such reports shall include a descrip12 tion of planning, design, and construction work completed,

13 the amount of funds expended during the period covered

14 by the report, and the work anticipated over the next five15 year period. In addition, each report shall include the de16 termination of each Secretary, and the Administrator of

17 the Environmental Protection Agency, concerning the ben18 efits to the natural system and the human environment

19 achieved as of the date of the report and whether the com20 pleted features of the Comprehensive Everglades Restora21 tion Plan are being operated in a manner that is con22 sistent with the programmatic regulations established

23 under subsection (i)(2)(B).
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1 SEC. 4. WATERSHED AND RIVER BASIN ASSESSMENTS.

2 Section 729 of Public Law 99–662 (100 Stat. 4164)

3 is amended by—

4 (1) striking ‘‘STUDY OF WATER RE5 SOURCES NEEDS OF RIVER BASINS AND

6 REGIONS.’’ and all that follows, and

7 (2) inserting in lieu thereof:

8 ‘‘WATERSHED AND RIVER BASIN ASSESSMENTS.

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

10 assess the water resources needs of river basins and water11 sheds of the United States. Such assessments shall be un12 dertaken in cooperation and coordination with the Depart13 ments of the Interior, Agriculture and Commerce, the En14 vironmental Protection Agency, and other appropriate

15 agencies, and may include an evaluation of ecosystem pro16 tection and restoration, flood damage reduction, naviga17 tion and port needs, watershed protection, water supply,

18 and drought preparedness.

19 ‘‘(b) CONSULTATION.—The Secretary shall consult

20 with Federal, tribal, State, interstate, and local govern21 mental entities in carrying out the assessments authorized

22 by this section. In conducting such assessments, the Sec23 retary may accept contributions of services, materials,

24 supplies and cash from Federal, tribal, State, interstate,

25 and local governmental entities where the Secretary deter-
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1 mines that such contributions will facilitate completion of

2 the assessments.

3 ‘‘(c) COST SHARING REQUIREMENTS.—The non-Fed4 eral share of the cost of an assessment conducted under

5 this section shall be 25 percent of the cost of such assess6 ment. The non-Federal sponsor may provide the non-Fed7 eral cost-sharing requirement through the provision cash

8 or services, materials, supplies, or other in-kind services.

9 In no event shall such credit exceed the non-Federal re10 quirement share of costs for the assessment.

11 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There

12 is authorized to be appropriated to carry out this section

13 $15,000,000.’’.

14 SEC. 5. BROWNFIELDS REVITALIZATION PROGRAM.

15 (a) GENERAL.—The Secretary shall, in consultation

16 with the Environmental Protection Agency and other ap17 propriate agencies, carry out a program to provide assist18 ance to non-Federal interests in the remediation and res19 toration of abandoned or idled industrial and commercial

20 sites where such assistance will improve the quality, con21 servation, and sustainable use of the Nation’s streams, riv22 ers, lakes, wetlands, and floodplains. Assistance may be

23 in the form of site characterizations, planning, design, and

24 construction projects. To the maximum extent practicable,

25 projects implemented by the Secretary under this section
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1 will be done in cooperation and coordination with other

2 Federal, tribal, State, and local efforts to maximize re3 sources available for the remediation, restoration, and re4 development of brownfield sites.

5 (b) JUSTIFICATION FOR ASSISTANCE.—

6 Nothwithstanding any economic justification provision or

7 requirement of section 209 of the Flood Control Act of

8 1970 (42 U.S.C. 1962–2) or economic justification provi9 sion of any other law, the Secretary may determine that

10 the assistance projects authorized by subsection (a)—

11 (1) is justified by the public health and safety,

12 and environmental benefits; and

13 (2) shall not need further economic justification

14 if the Secretary determines that the assistance is

15 cost effective.

16 (c) COST SHARING.—

17 (1) IN GENERAL.—Prior to implementing any

18 assistance project under this section, the Secretary

19 shall enter into a binding agreement with the non20 Federal interest, which shall require the non-Federal

21 interest to: (a) pay 50 percent of the total costs of

22 the assistance project; (b) acquire and place in pub23 lic ownership for so long as is necessary to imple24 ment and complete the assistance project any lands,

25 easements, right-of-way, and relocations necessary
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1 for implementation and completion of the assistance

2 project; (c) pay 100 percent of any operation, main3 tenance, repair, replacement, and rehabilitation costs

4 associated with the assistance project; and (d) hold

5 and save harmless the United States free from

6 claims or damages due to implementation of the as7 sistance project, except for the negligence of the

8 Government or its contractors.

9 (2) CREDIT.—The non-Federal interest shall

10 receive credit for the value of any lands, easements,

11 rights-of-way, and relocations provided for imple12 mentation and completion of such assistance project.

13 The Secretary also may afford credit to a non-Fed14 eral interest for services, studies, supplies, and other

15 in-kind consideration where the Secretary deter16 mines that such services, studies, supplies, and other

17 in-kind consideration will facilitate completion of the

18 assistance project. In no event shall such credit ex19 ceed the 50 percent non-Federal cost-sharing re20 quirement.

21 (d) APPLICABILITY OF OTHER FEDERAL AND STATE

22 LAWS.—Nothing in this section shall be construed as

23 waiving, limiting, or otherwise affecting the applicability

24 of any provision of Federal or State law.
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1 (e) PROJECT COST LIMITATION.—Not more than

2 $5,000,000 in Army Civil Works Appropriations funds

3 may be allotted under this section at any single site.

4 (d) AUTHORIZATION OF APPROPRIATIONS.—There is

5 authorized to be appropriated to carry out this section

6 $25,000,000 for each fiscal year from 2002 through 2005.

7 (g) PROGRAM EVALUATION.—Not later than Decem8 ber 31, 2005, the Secretary shall submit to the Committee

9 on Transportation and Infrastructure of the House of

10 Representatives and the Committee on Environment and

11 Public Works of the Senate a report that discusses the

12 program’s performance objectives and evaluates its effec13 tiveness in achieving them, along with any recommenda14 tions concerning continuation of the program.

15 SEC. 6. TRIBAL PARTNERSHIP PROGRAM.

16 (a) IN GENERAL.—The Secretary is authorized, in

17 cooperation with federally recognized Indian tribes and

18 other Federal agencies, to study and determine the feasi19 bility of implementing water resources development

20 projects that will substantially benefit Indian tribes, and

21 are located primarily within Indian country, as defined in

22 18 U.S.C. 1151, or in proximity to Alaska Native villages.

23 Studies conducted under this authority may address, but

24 are not limited to, projects for flood damage reduction,
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1 environmental restoration and protection, and preserva2 tion of cultural and natural resources.

3 (b) CONSULTATION AND COORDINATION.—The Sec4 retary shall consult with the Secretary of the Interior on

5 studies conducted under this section in recognition of the

6 unique role of the Secretary of the Interior regarding trust

7 responsibilities with Indian tribes, and in recognition of

8 mutual trust responsibilities. The Secretary shall integrate

9 Army Civil Works activities with activities of the Depart10 ment of the Interior to avoid conflicts, duplications of ef11 fort, or unanticipated adverse effects to Indian tribes, and

12 shall consider existing authorities and programs of the De13 partment of the Interior and other Federal agencies in any

14 recommendations regarding implementation of project

15 studied under this section.

16 (c) ABILITY TO PAY.—Any cost-sharing agreement

17 for a study under this section shall be subject to the ability

18 of a non-Federal interest to pay. The ability of any non19 Federal interest to pay shall be determined by the Sec20 retary in accordance with procedures established by the

21 Secretary.

22 (d) CREDITS.—For such studies conducted under this

23 section, the Secretary may afford credit to the tribe for

24 services, studies, supplies, and other in-kind consideration

25 where the Secretary determines that such services, studies,
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1 supplies, and other in-kind consideration will facilitate

2 completion of the project. In no event shall such credit

3 exceed the tribe’s required share of costs for the study.

4 (e) AUTHORIZATION OF APPROPRIATIONS.—There is

5 authorized to be appropriated to carry out subsection (a)

6 of this section $5,000,000 for each fiscal year, for fiscal

7 years 2002 through 2006. Not more than $1,000,000 in

8 Army Civil Works appropriations may be allotted under

9 this section for any one tribe.

10 (f) DEFINITION.—For the purposes of this section

11 the term ‘‘Indian tribe’’ means any tribe, band, nation,

12 or other organized group or community of Indians, includ13 ing any Alaska Native village (as defined in, or established

14 pursuant to, the Alaska Native Claims Settlement Act (43

15 U.S.C.A. § 1601 et seq.) which is recognized as eligible

16 for the special programs and services provided by the

17 United States to Indians because of their status as Indi18 ans.

19 SEC. 7. ABILITY TO PAY.

20 Section 103(m) of Public Law 99–662 (33 U.S.C.

21 2213(m), as amended) is amended by:

22 (1) deleting subsection (1) in its entirety and

23 inserting in lieu thereof the following language:

24 ‘‘(1) IN GENERAL.—Any cost-sharing agree25 ment under this section for a feasibility study or for
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1 construction of an environmental protection and res2 toration or flood control project, or for construction

3 of an agricultural water supply project, shall be sub4 ject to the ability of a non-Federal interest to pay.’’;

5 (2) deleting subsection (2) in its entirety and

6 inserting in lieu thereof the following language:

7 ‘‘(2) CRITERIA AND PROCEDURES.—The ability

8 of a non-Federal interest to pay shall be determined

9 by the Secretary in accordance with criteria and pro10 cedures in effect on the day before the date of the

11 enactment of the Water Resources Development Act

12 of 2000; except that such criteria and procedures

13 shall be revised, and new criteria and procedures be

14 developed, within 18 months after such date of en15 actment to reflect the requirements of paragraph (3)

16 of section 202(b) of the Water Resources Develop17 ment Act of 1996 (110 STAT. 3674).’’;

18 (3) adding the word ‘‘and’’ at the end of sub19 section (3)(A)(ii);

20 (4) deleting subsection (3)(B) in its entirety;

21 and

22 (5) deleting subsection (3)(C) in its entirety

23 and inserting in lieu thereof the following language:

24 ‘‘(B) may consider additional criteria relat25 ing to the non-Federal interest’s financial abil-
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1 ity to carry out its cost-sharing responsibilities,

2 or relating to additional assistance that may be

3 available from other Federal or State sources.’’.

4 SEC. 8. PROPERTY PROTECTION PROGRAM.

5 (a) IN GENERAL.—The Secretary is authorized to im6 plement a program to reduce vandalism and destruction

7 of property at water resources development projects under

8 the jurisdiction of the Department of the Army. In car9 rying out the program the Secretary may provide rewards

10 to individuals who provide information or evidence leading

11 to the arrest and prosecution of individuals causing dam12 age to Federal property, including the payment of cash

13 rewards.

14 (b) AUTHORIZATION OF APPROPRIATIONS.—There is

15 authorized to be appropriated $500,000 annually to carry

16 out this section.

17 SEC. 9. NATIONAL RECREATION RESERVATION SERVICE.

18 Notwithstanding section 611 of the Omnibus Consoli19 dated and Emergency Supplemental Appropriations Act,

20 1999 Public Law 105–277), the Secretary may participate

21 in the National Recreation Reservation Service on an

22 interagency basis and-fund the Department of the Army’s

23 share of those activities required for implementing, oper24 ating, and maintaining the Service.
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1 SEC. 10. OPERATION AND MAINTENANCE OF HYDRO2 ELECTRIC FACILITIES.

3 Section 314 of Public Law 101–640 (33 U.S.C. 2321)

4 is amended by inserting the following language imme5 diately after the phrase ‘‘commercial activities’’: ‘‘Where

6 such activities require specialized training related to hy7 droelectric power generation. These activities would be

8 subject to the labor standards provisions in the Service

9 Contract Act, 41, U.S.C. 351, and to the extent applicable,

10 the Davis-Bacon Act, 40 U.S.C., Sections 276(a)–7.’’.

11 SEC. 11. INTERAGENCY AND INTERNATIONAL SUPPORT.

12 Section 234 of Public Law 104–303 (33 U.S.C. 2323a)

13 is amended—

14 (1) in subsection (d) by deleting ‘‘1,000,000’’

15 and inserting ‘‘$2,000,000’’.

16 SEC. 12. REBURIAL AND TRANSFER AUTHORITY.

17 (a) IN GENERAL.—

18 (1) REBURIAL.—The Secretary is authorized, in

19 consultation with the appropriate Indian tribes, to

20 identify and set aside areas at civil works projects

21 managed by the Secretary that may be used to

22 reinter Native American remains that have been dis23 covered on project lands, and which have been right24 fully claimed by a lineal descendant or Indian tribe

25 in accordance with applicable Federal law. The Sec26 retary, in consultation and in consent with the lineal
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1 descendant or the respective Indian tribe, is author2 ized to recover and rebury the remains at such sites

3 at full Federal expense.

4 (2) TRANSFER AUTHORITY.—Notwithstanding any

5 provision of law, the Secretary is authorized to transfer

6 to the Indian tribe the land identified by the Secretary

7 in subsection (1) for use as a cemetery. The Secretary

8 shall retain any necessary rights-of-way, easements, or

9 other property interests that the Secretary of the Army

10 determines is necessary to carry out the authorized project

11 purpose.

12 (b) DEFINITION.—For the purposes of this section

13 the term ‘‘Indian tribe’’ means any tribe, band, nation,

14 or other organized group or community of Indians, includ15 ing any Alaska Native village (as defined in, or established

16 pursuant to, the Alaska Native Claims Settlement Act (43

17 U.S.C.A. § 1601 et seq.)) which is recognized as eligible

18 for the special programs and services provided by the

19 United States to Indians because of their status as Indi20 ans.

21 SEC. 13. AMENDMENT TO RIVERS AND HARBORS ACT.

22 Section 33 U.S.C. 401 is amended by adding the fol23 lowing language at the end of the last sentence: ‘‘The ap24 proval required by this section of the location and plans,

25 or any modification of plans, for any dam or dike, applies
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1 only to any dam or dike that would completely span a wa2 terway currently used to transport interstate or foreign

3 commerce, in a manner that actual, existing interstate or

4 foreign commerce could be adversely affected. Any other

5 dam or dike proposed to be built in any other navigable

6 water of the United States shall be regulated as a struc7 ture under 33 U.S.C. 403, and shall not require approval

8 under this section.’’.

9 SEC. 14. STRUCTURAL FLOOD CONTROL COST-SHARING.

10 (a) Section 103(a) of the Water Resources Develop11 ment Act of 1986 (100 Stat. 4084–4085) is amended by—

12 (1) striking ‘‘35’’ whenever it appears in para13 graph (2) and inserting ‘‘50’’ in lieu thereof;

14 (2) deleting the word ‘‘MINIMUM’’ in para15 graph (2);

16 (3) adding the following language to paragraph

17 (2) immediately after the last sentence in that para18 graph: ‘‘The non-Federal share under paragraph (1)

19 shall not exceed 50 percent of the cost of the project

20 assigned to flood control. The preceding sentence

21 does not modify the requirement of paragraph

22 (1)(A) of this subsection.’’; and

23 (4) deleting paragraph (3) and (4) in their en24 tirety.’’.
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1 (b) APPLICABILITY.—The amendment made by this

2 section shall apply to any project or separable element

3 thereof with respect to which the Secretary and the non4 Federal interest have not entered into a project coopera5 tion agreement on or before the date of enactment of this

6 Act.

7 SEC. 15. CALFED BAY-DELTA PROGRAM ASSISTANCE.

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

9 participate with the appropriate Federal and State agen10 cies in the planning and management activities associated

11 with the CALFED Bay Delta Program, and shall, to the

12 maximum extent practicable and in accordance with all

13 applicable laws, integrate the activities of the Army Corps

14 of Engineers in the San Joaquin and Sacramento River

15 basins with the long-term goals of the CALFED Bay

16 Delta Program.

17 (b) COOPERATIVE ACTIVITIES.—In participating in

18 the CALFED Bay Delta Program as provided for in sub19 section (a) of this section, the Secretary is authorized to

20 accept and expend funds from other Federal agencies and

21 from non-Federal public, private and non-profit entities

22 to carry out ecosystem restoration projects and activities

23 associated with the CALFED Bay Delta Program and

24 may enter into contracts, cooperative research and devel25 opment agreements, and cooperative agreements with
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1 Federal and non-Federal private, public, and non-profit

2 entities in carrying out these projects and activities.

3 (c) AUTHORIZATION OF APPROPRIATIONS.—There is

4 authorized to be appropriated to the Department of the

5 Army to carry out activities under this section $5,000,000

6 for fiscal years from 2002 through 2005.

7 (d) DEFINITION.—For purposes of this section, the

8 area covered by the CALFED Bay Delta Program is de9 fined as the San Francisco Bay, Sacramento-San Joaquin

10 Delta Estuary and its watershed (Bay-Delta Estuary) as

11 identified in the Framework Agreement Between the Gov12 ernor’s Water Policy Council of the State of California and

13 the Federal Ecosystem Directorate (Club Fed).

14 SEC. 16. PROJECT DE–AUTHORIZATIONS.

15 Section 33 U.S.C. 579a is deleted in its entirety and

16 the following language inserted in lieu thereof:

17 ‘‘PROJECT DE–AUTHORIZATIONS.

18 (a) PROJECTS NEVER UNDER CONSTRUCTION.—

19 (1) The Secretary shall transmit annually to

20 Congress a list of projects and separable elements of

21 projects that have been authorized for construction,

22 but for which no appropriations have been obligated

23 for construction of the project or separable element

24 during the four consecutive fiscal years preceding

25 the transmittal of such list.
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1 (2) Any water resources project authorized for

2 construction, and any separable element of such a

3 project, shall be de-authorized after the last day of

4 the 7-year period beginning on the date of the

5 project or separable element’s most recent authoriza6 tion or reauthorization unless funds have been obli7 gated for construction of the project or separable

8 element.

9 (b) PROJECTS WHERE CONSTRUCTION HAS BEEN

10 SUSPENDED.—

11 (1) The Secretary shall transmit annually to

12 Congress a list of projects and separable elements of

13 projects that have been authorized for construction,

14 and for which funds have been obligated in the past

15 for construction of the project or separable element,

16 but for which no appropriations have been obligated

17 for construction of the project or separable element

18 during the two consecutive fiscal years preceding the

19 transmittal of such list.

20 (2) Any water resources project, and any sepa21 rable element of such a project, for which funds have

22 been obligated in the past for construction of the

23 project or separable element, shall be de-authorized

24 if appropriations specifically identified for construc25 tion of the project or separable element (either in
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1 Statute or in the accompanying legislative report

2 language) have not been obligated for construction

3 of the project or separable element during any five

4 subsequent consecutive fiscal years.

5 (c) CONGRESSIONAL NOTIFICATIONS.—Upon submis6 sion of the lists under subsections (a) and (b), the Sec7 retary shall notify each Senator in whose State, and each

8 Member of the House of Representatives in whose district,

9 the affected project or separable element would be located.

10 (d) FINAL DE-AUTHORIZATION LIST.—The Sec11 retary shall publish annually in the Federal Register a list

12 of all projects or separable elements de-authorized under

13 subsections (a) and (b).

14 (e) DEFINITIONS.—For purposes of this section, for

15 non-structural flood control projects, the phrase ‘‘con16 struction of the project or separable element’’ means the

17 acquisition of lands, easements and rights-of-way pri18 marily to relocate structures, or the performance of phys19 ical work under a construction contract for other non20 structural measures. For environmental protection and

21 restoration projects, it means the acquisition of lands,

22 easements and right-of-way primarily to facilitate the res23 toration of wetlands or similar habitats, or the perform24 ance of physical work under a construction contract to

25 modify existing project facilities or to construct new envi-
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1 ronment project and restoration measures. For all other

2 water resources projects, it means the performance of

3 physical work under a construction contract. It no case

4 shall the term ‘‘physical work under a construction con5 tract’’, as used in this subsection, include activities related

6 to project planning, engineering and design, relocation, or

7 the acquisition of lands, easements, and rights-of-way.

8 (f) EFFECTIVE DATE OF PROVISIONS.—Subsections

9 (a)(2) and (b)(2) shall become effective three years after

10 the date of enactment of this Act.

11 SEC. 17. FLOODPLAIN MANAGEMENT REQUIREMENTS.

12 (a) Section 402 of the Water Resources Development

13 Act of 1986 (100 Stat. 4133) is amended by—

14 (1) in subsection (c)(1) by deleting ‘‘Within 6

15 months after the date of the enactment of this sub16 section, the’’ and inserting ‘‘The’’;

17 (2) by inserting ‘‘that non-Federal interests

18 shall adopt and enforce’’ after the word ‘‘policies’’ in

19 the second sentence in subsection (c)(1); and

20 (3) by inserting at the end of subsection (c)(1)’’

21 Such guidelines shall also require non-Federal inter22 ests to take measures to preserve the level of flood

23 protection provided by the project for which sub24 section (a) applies.’’.
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1 (b) APPLICABILITY.—The amendment made by this

2 section shall apply to any project or separable element

3 thereof with respect to which the Secretary and the non4 Federal interest have not entered a project cooperation

5 agreement on or before the date of enactment of this Act.

6 SEC. 18. STUDY AT TRANSFER OF PROJECT LANDS.

7 (a) IN GENERAL.—STUDY OF TRANSFER.—The Sec8 retary is authorized to conduct a feasibility study in co9 operation with the Secretary of the Interior, the States

10 of South and North Dakota, of the affected interest, and

11 with the affected Indian tribes, for the transfer to the Sec12 retary of Interior the land described in subsection (b) to

13 be held in trust for the benefit of the respective Indian

14 tribes.

15 (b) LANDS TO BE STUDIED.—The land authorized

16 to be studied for transfer is land that—

17 (1) was acquired by the Secretary for the imple18 mentation of the Pick-Sloan Missouri River Basin

19 program; and

20 (2) is located within the external boundaries of

21 the reservations of the Three Affiliated Tribes of the

22 Fort Berthold Reservation, ND, the Standing Rock

23 Sioux Tribe of North and South Dakota, the Crow

24 Creek Sioux Tribe of the Crow Creek Reservation,
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1 SD, the Yankton Sioux Tribe of South Dakota, and

2 the Flandreau Santee Sioux Tribe of South Dakota.

3 (c) DEFINITION.—For the purposes of this section

4 the term ‘‘Indian tribe’’ means any tribe, band, nation,

5 or other organized group or community of Indians, includ6 ing any Alaska Native village (as defined in, or established

7 pursuant to, the Alaska Native Claims Settlement Act (43

8 U.S.C.A. § 1601 et seq.)) which is recognized as eligible

9 for the special programs and services provided by the

10 United States to Indians because of their status as Indi11 ans.

12 SEC. 19. PUGET SOUND AND ADJACENT WATERS RESTORA13 TION.

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

15 participate in Critical Restoration Projects in the area of

16 the Puget Sound and its adjacent waters, including the

17 watersheds that drain directly into Pudget Sound, Admi18 ralty Inlet, Hood Canal, Rosario Strait, and the eastern

19 portion of the Strait of Juan de Fuca.

20 (b) DEFINITION.—‘‘Critical Restoration Projects’’

21 are those projects that will produce, consistent with exist22 ing Federal programs, projects and activities, immediate

23 and substantial restoration, preservation and ecosystem

24 protection benefits.
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1 (c) PROJECT SELECTION.—The Secretary, with the

2 concurrence of the Secretaries of the Interior and Com3 merce, and in consultation with other appropriate Federal,

4 tribal, State, and local agencies, may identify critical res5 toration projects and may implement those projects after

6 entering into an agreement with an appropriate non-Fed7 eral interest in accordance with the requirements of sec8 tion 221 of the Flood Control Act of 1970, as amended

9 (42 U.S.C. 1962d–5b) and this section.

10 (d) AUTHORIZATION OF APPROPRIATIONS.—There is

11 authorized to be appropriated to the Department of the

12 Army to pay the Federal share of the cost of carrying out

13 projects under this section $10,000,000.

14 (e) PROJECT COST LIMITATION.—Not more than

15 $2,500,000 in Army Civil Works appropriations Federal

16 funds may be allocated to carrying out any one project

17 under this section.

18 (f) COST SHARING.—

19 (1) IN GENERAL.—Prior to implementing any

20 project under this section, the Secretary shall enter

21 into a binding agreement with the non-Federal inter22 est, which shall require the non-Federal interest to:

23 (a) pay 35 percent of the total costs of the project;

24 (b) acquire any lands, easements. rights-of-way, relo25 cations, and dredged material disposal areas nec-
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1 essary for implementation of the project; (c) pay 100

2 percent of the operation, maintenance, repair, re3 placement, and rehabilitation costs associated with

4 the project; and (d) hold and save harmless the

5 United States free from claims or damages due to

6 implementation of the assistance project, except for

7 the negligence of the Government or its contractors.

8 (2) CREDIT.—The non-Federal interest shall

9 receive credit for the value of any lands, easements,

10 rights-of-way, relocations, and dredged material dis11 posal areas provided for implementation and comple12 tion of such assistance project. The non-Federal in13 terest may provide up to 50 percent of the non-Fed14 eral cost-sharing requirement through the provision

15 of services, materials, supplies, or other in-kind serv16 ices.

Æ