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[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2437 Introduced in Senate (IS)]

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.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Water Resources 
Development Act of 2000''.
    (b) Table of Contents.--

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

SEC. 2. DEFINITION OF SECRETARY.

    In this Act, the term ``Secretary'' means the Secretary of the 
Army.

SEC. 3. COMPREHENSIVE EVERGLADES RESTORATION PLAN.

    (a) Definitions.--In this section, the following definitions apply:
            (1) Central and southern florida project.--The term 
        ``Central and Southern Florida Project'' means the project for 
        Central and Southern Florida authorized under the heading 
        ``CENTRAL AND SOUTHERN FLORIDA'' in section 203 of the Flood 
        Control Act of 1948 (62 Stat. 1176), any modification to the 
        project authorized by law, or modified by the Comprehensive 
        Everglades Restoration Plan.
            (2) South florida ecosystem.--The term ``South Florida 
        ecosystem'' means the area consisting of the lands and waters 
        within the boundary, existing on July 1, 1999, of the South 
        Florida Water Management District, including the Everglades 
        ecosystem, the Florida Keys, Biscayne Bay, Florida Bay, and 
        other contiguous near-shore coastal waters of South Florida.
            (3) Comprehensive everglades restoration plan.--The term 
        ``Comprehensive Everglades Restoration Plan'' means the plan 
        contained in the ``Final Feasibility Report and Programmatic 
        Environmental Impact Statement'', April 1999, as transmitted to 
        the Congress by the July 1, 1999, letter of the Assistant 
        Secretary of the Army for Civil Works pursuant to section 528 
        of the Water Resources Development Act of 1996 (110 Stat 3767).
            (4) Natural system.--The term ``natural system'' means all 
        federally or State-managed lands and waters within the South 
        Florida ecosystem, including the water conservation areas, 
        Everglades National Park, Big Cypress National Preserve, and 
        other federally or State-designated conservation lands, and 
        other lands that create or contribute to habitat supporting 
        native flora and fauna.
    (b) Findings.--The Congress finds that:
            (1) The Everglades is an American treasure. In its natural 
        state, the South Florida ecosystem was connected by the flow of 
        fresh water from the Kissimmee River to Lake Okeechobee--south 
        through vast freshwater marshes known as the Everglades--to 
        Florida Bay, and on to the coral reefs of the Florida Keys. The 
        South Florida ecosystem covers approximately 18,000 square 
        miles and once included a unique and biologically productive 
        region, supporting vast colonies of wading birds, a mixture of 
        temperate and tropical plant and animal species, and teeming 
        coastal fisheries and North America's only barrier coral reef. 
        The South Florida ecosystem is endangered as a result of 
        adverse changes in the quantity, distribution, and timing of 
        flows and degradation of water quality. The Everglades alone 
        has been reduced in size by approximately 50 percent. 
Restoration of this nationally and internationally recognized 
ecosystem, including America's Everglades is in the Nation's interest.
            (2) The Central and Southern Florida Project plays an 
        important role in the economy of south Florida by providing 
        flood protection and water supply to agriculture and the 
        residents of south Florida and providing water to the water 
        conservation areas, Everglades National Park and other natural 
        areas for the purpose of preserving fish and wildlife 
        resources. The population of the region is expected to continue 
        to grow, further straining the ability of the existing Central 
        and Southern Florida Project to meet the needs of the natural 
        system and the people of south Florida.
            (3) Modifications to the Central and Southern Florida 
        Project are needed to restore, preserve, and protect the South 
        Florida ecosystem, including the Everglades, while continuing 
        to provide for the water related needs of the region, including 
        flood protection and other objectives served by the Project.
            (4) The Comprehensive Everglades Restoration Plan is 
        scientifically and economically sound plan that modifies the 
        Central and Southern Florida Project to restore, preserve and 
        protect the South Florida ecosystem. By storing most of the 
        water currently discharged to the Atlantic Ocean and Gulf of 
        Mexico, ensuring the quality of water discharged into the South 
        Florida ecosystem from project features, and removing internal 
        levees and canals in the Everglades, the Comprehensive 
        Everglades Restoration Plan provides the roadmap for the 
        recovery of a healthy, sustainable ecosystem as well as 
        providing for the other water-related needs of the region, 
        including flood protection, the enhancement of water supplies, 
        and other objectives served by the Central and Southern Florida 
        Project.
            (5) The comprehensive, system-wide nature of the 
        Comprehensive Everglades Restoration Plan and the linkage of 
        the elements of the plan to each other must be preserved not 
        only during the over 25-year period that will be necessary for 
        its implementation, but for as long as the project remains 
        authorized. Implementation must proceed in a programmatic 
        manner using the principles of adaptive assessment as outlined 
        in the Comprehensive Everglades Restoration Plan.
            (6) The Comprehensive Everglades Restoration Plan contains 
        a number of components that will benefit Everglades National 
        Park, Biscayne National Park, Florida Keys National Marine 
        Sanctuary, Big Cypress National Preserve, Ten Thousand Islands 
        National Wildlife Refuge, and Loxahatchee National Wildlife 
        Refuge by significantly improving the quantity, quality, 
        timing, and distribution of water delivered to these Federal 
        areas. Improved water deliveries will also provide benefits to 
        federally-listed threatened and endangered species.
            (7) The Congress, the Federal Government, and the State of 
        Florida have, in prior legislation, recognized the need to 
        restore, preserve, and protect the South Florida ecosystem. 
        These on-going efforts are important to the success of the 
        Comprehensive Everglades Restoration Plan. Since the creation 
        of the South Florida Ecosystem Restoration Task Force in 1993, 
        the Federal Government has been working in partnership with 
        tribal, State, and local governments, the private sector, and 
        individual citizens to accomplish restoration of the South 
        Florida ecosystem. It is important for the long-term 
        restoration of this ecosystem that these efforts, including the 
        South Florida Ecosystem Restoration Task Force, be continued 
        and strengthened. The State with its financial responsibilities 
        for project implementation and capabilities in the planning, 
        design, construction, and operation of the Comprehensive 
        Everglades Restoration Plan, must be a full partner with the 
        Federal Government.
    (c) Comprehensive Everglades Restoration Plans.--
            (1) In general.--Congress hereby approves the Comprehensive 
        Everglades Restoration Plan to modify the Central and Southern 
        Florida Project to restore, preserve, and protect the South 
        Florida ecosystem. These changes are necessary in order to 
        ensure that the Central and Southern Florida Project as amended 
        provides for the improvement and protection of water quality 
        in, and the reduction of the loss of fresh water from, the 
        South Florida ecosystem, as well as providing for the water 
        related needs of the region, including flood protection, the 
        enhancement of water supplies, and other objectives served by 
        the Central and Southern Florida Project.
            (2) Specific authorizations.--
                    (A) In general--Those projects included in the 
                Comprehensive Everglades Restoration Plan and specified 
                in paragraphs (B) and (C) are authorized to be carried 
                out by the Secretary substantially in accordance with 
                the plans, and subject to the conditions described in 
                the Central and Southern Florida Project: Comprehensive 
                Review Study Report of the Chief of Engineers dated 
                June 22, 1999.
                    (B) Pilot projects.--The following pilot projects 
                are authorized for implementation, after review and 
approval by the Secretary, at a total cost of $69,000,000, with an 
estimated Federal cost of $34,500,000 and an estimated non-Federal cost 
of $34,500,000:
                            (i) Caloosahatchee River (C-43) Basin ASR 
                        ($6,000,000);
                            (ii) Lake Belt In-Ground Reservoir 
                        Technology ($23,000,000);
                            (iii) L-31N Seepage Management 
                        ($10,000,000); and,
                            (iv) Wastewater Reuse Technology 
                        ($30,000,000).
                    (C) Other projects.--The following projects are 
                authorized at a total cost of $1,100,918,000, with an 
                estimated Federal cost of $550,459,000 and an estimated 
                non-Federal cost of $550,459,000. Prior to 
                implementation of projects (1) through (10), the 
                Secretary shall review and approve a Project 
                Implementation Report prepared in accordance with 
                subsection (g).
                            (i) C-44 Basin Storage Reservoir 
                        ($112,562,000);
                            (ii) Everglades Agricultural Area Storage 
                        Reservoirs--Phase I ($233,408,000);
                            (iii) Site 1 Impoundment ($38,535,000);
                            (iv) Water Conservation Areas 3A/3B Levee 
                        Seepage Management ($100,335,000);
                            (v) C-11 Impoundment and Stormwater 
                        Treatment Area ($124,837,000);
                            (vi) C-9 Impoundment and Stormwater 
                        Treatment Area ($89,146,000);
                            (vii) Taylor Creek/Nubbin Slough Storage 
                        and Treatment Area ($104,027,000);
                            (viii) Raise and Bridge East Portion of 
                        Tamiami Trail and Fill Miami Canal within Water 
                        Conservation Area 3 ($26,946,000);
                            (ix) North New River Improvements 
                        ($77,087,000);
                            (x) C-111 Spreader Canal ($94,035,000); and
                            (xi) Adaptive Assessment and Monitoring 
                        Program (10 years) ($100,000,000).
    (d) Additional Program Authority.--In order to expedite 
implementation of the Comprehensive Everglades Restoration Plan, the 
Secretary is authorized to implement modifications to the Central and 
Southern Florida Project that are consistent with the Comprehensive 
Everglades Restoration Plan and that will produce independent and 
substantial restoration, preservation, or protection benefits to the 
South Florida ecosystem; provided that the total Federal cost of each 
project accomplished under this authority shall not exceed $35,000,000; 
and provided further that the total Federal cost of all the projects 
accomplished under this authority shall not exceed $250,000,000. Prior 
to implementation of any project authorized under this subsection, the 
Secretary shall review and approve a Project Implementation Report 
prepared in accordance with subsection (g).
    (e) Authorization of Future Project Features.--Except for those 
projects authorized in subsections (c) and (d), all future projects 
included in the Comprehensive Everglades Restoration Plan shall require 
a specific authorization of Congress. Prior to authorization, the 
Secretary shall transmit such projects to Congress along with a Project 
Implementation Report prepared in accordance with subsection (g). 
Further, such projects, if authorized, shall be implemented pursuant to 
subsection (i) of this section.
    (f) Cost Sharing.--
            (1) In general.--The non-Federal share of the cost of 
        implementing projects authorized under subsections (c), (d), 
        and (e) shall be 50 percent. The non-Federal sponsor shall be 
        responsible for all lands, easements, rights-of-way, and 
        relocations and shall be afforded credit toward the non-Federal 
        share in accordance with paragraph (3)(A). The non-Federal 
        sponsor may accept Federal funding for the purchase of the 
        necessary lands, easements, rights-of-way or relocations, 
        provided that such assistance is credited toward the Federal 
        share of the cost of the project.
            (2) Operation and maintenance.--Notwithstanding section 
        528(e)(3) of the Water Resources Development Act of 1996, the 
        non-Federal sponsor shall be responsible for 60 percent of the 
        operation, maintenance, repair, replacement, and rehabilitation 
        cost of activities authorized under this section.
            (3) Credit and reimbursement.--
                    (A) Lands.--Regardless of the date of acquisition, 
                the value of lands or interests in land acquired by 
                non-Federal interests for any activity required in this 
                section shall be included in the total cost of the 
                activity and credited against the non-Federal share of 
                the cost of the activity. Such value shall be 
                determined by the Secretary.
                    (B) Work.--The Secretary may provide credit, 
                including in-kind credit, to or reimburse the non-
                Federal project sponsor for the reasonable cost of any 
                work performed in connection with a study or activity 
                necessary for the implementation of the Comprehensive 
Everglades Restoration Plan if the Secretary determines that the work 
is necessary and the credit or reimbursement is granted for work 
completed during the period of design or implementation pursuant to an 
agreement between the Secretary and the non-Federal sponsor that 
prescribes the terms and conditions of the credit or reimbursement.
                    (C) Audits.--Credit or reimbursement for land or 
                work granted under this subsection shall be subject to 
                audit by the Secretary.
    (g) Evaluation of Project Features.--
            (1) In general.--Prior to implementation of project 
        features authorized in subsection (c)(2)(C)(1) through 
        (c)(2)(C)(10) and subsection (d), the Secretary, in cooperation 
        with the non-Federal sponsor, shall, after notice and 
        opportunity for public comment, complete Project Implementation 
        Reports to address the project(s) cost effectiveness, 
        engineering feasibility, and potential environmental impacts, 
        including National Environmental Policy Act compliance. The 
        Secretary shall coordinate with appropriate Federal, tribal, 
        state and local governments during the development of such 
        reports and shall identify any additional water that will be 
        made available for the natural system, existing legal users, 
        and other water related needs of the region. Further, such 
        reports shall ensure that each project feature is consistent 
        with the programmatic regulations issued pursuant to subsection 
        (i).
            (2) Project justification.--Notwithstanding section 209 of 
        the Flood Control Act of 1970 (42 U.S.C. 1962-2) or any other 
        provision of law regarding economic justification, in carrying 
        out activities authorized in accordance with subsections (c), 
        (d), and (e), the Secretary may determine that activities are 
        justified by the environmental benefits derived by the South 
        Florida ecosystem in general and the Everglades and Florida Bay 
        in particular, and shall not need further economic 
        justification if the Secretary determines that the activities 
        are cost effective.
    (h) Socially and Economically Disadvantaged Individuals.--
            (1) In general.--Socially and economically disadvantaged 
        individuals and communities make up a large portion of the 
        South Florida ecosystem and have legitimate interests in the 
        implementation of the Comprehensive Everglades Restoration 
        Plan. Further, such groups have not, in some cases, been given 
        the opportunity to understand and participate fully in the 
        development of water resources projects. As provided in this 
        subsection, the Secretary shall ensure that impacts on socially 
        and economically disadvantaged individuals are considered 
        during the implementation of the Comprehensive Everglades 
        Restoration Plan and that such individuals have opportunities 
        to review and comment on its implementation.
            (2) Definitions.--In this subsection, the following 
        definitions apply:
                    (A) Small business concern.--The term ``small 
                business concern'' has the meaning such term has under 
                section 3 of the Small Business Act (15 U.S.C. 632).
                    (B) Socially and economically disadvantaged 
                individuals.--The term ``socially and economically 
                disadvantaged individuals'' has the meaning such term 
                has under section 8(d) of the Small Business Act (15 
                U.S.C. 637(d)) and relevant subcontracting regulations 
                promulgated pursuant thereto.
            (3) Program for socially and economically disadvantaged 
        individuals.--The Secretary shall establish a program to ensure 
        that socially and economically disadvantaged individuals within 
        the South Florida ecosystem are informed of the Comprehensive 
        Everglades Restoration Plan, given the opportunity to review 
        and comment on each project feature, provided opportunities to 
        participate as a small business concern contractor, and given 
        opportunities for employment or internships in emerging 
        industry sectors.
            (4) Contracts to businesses owned by socially and 
        economically disadvantaged individuals.--The Secretary shall 
        establish a goal that not less than 10 percent of the amounts 
        made available for construction of projects authorized pursuant 
        to subsections (c), (d), and (e), shall be expended with small 
        business concerns owned and controlled by socially and 
        economically disadvantaged individuals within the South Florida 
        ecosystem.
    (i) Assuring Project Benefits.--
            (1) In general.--The primary and overarching purpose of the 
        Comprehensive Everglades Restoration Plan is to restore, 
        preserve and protect the natural system within the South 
        Florida ecosystem. The Comprehensive Everglades Restoration 
        Plan shall be implemented to ensure the protection of water 
        quality in, the reduction of the loss of fresh water from, and 
        the improvement of the environment of the South Florida 
        ecosystem, while providing for other water-related needs of the 
        region, including water supply and flood protection. The 
        Central and Southern Florida Project, as amended by the 
        Comprehensive Everglades Restoration Plan, shall be implemented 
        in a manner that ensures that the benefits to the 
natural system and the human enviornment, including the proper 
quantity, quality, timing and distribution of water, are achieved and 
maintained for as long as the Central and Southern Florida Project 
remains authorized. When implemented fully, the approximately 68 
features of the Comprehensive Everglades Restoration Plan will result 
in modifications to the existing Central and Southern Florida Project 
works that shall provide the water necessary to restore, preserve and 
protect the natural system while providing for other water related 
needs of the region. The Secretary shall ensure that both the natural 
system and the human environment receive the benefits intended when 
such modifications to the Central and Southern Florida project are made 
pursuant to the Comprehensive Everglades Restoration Plan and previous 
Acts of Congress.
            (2) Dedication and management of water.--
                    (A) In general.--Consistent with subsection 
                (i)(2)(B), the Secretary shall dedicate and manage the 
                water made available from the Central and Southern 
                Florida Project features authorized, constructed, and 
                operated in accordance with previous Acts of Congress 
                and this Act authorizing the implementation of features 
                of the Comprehensive Everglades Restoration Plan, for 
                the temporal and spatial needs of the natural system. 
                The needs of the natural system and the human 
                environment shall be defined in terms of quality, 
                quantity, timing and distribution of water. In 
                developing the regulations that provide for the 
                dedication and management of water for the natural 
                system in accordance with this subsection, the 
                Secretary shall incorporate rainfall driven operational 
                criteria and annual fluctuations in rainfall.
                    (B) Programmatic regulations.--The Secretary shall, 
                after notice and opportunity for public comment and 
                with the concurrence of the Secretary of the Interior, 
                and in consultation with the Secretary of Commerce, the 
                Administrator of the Environmental Protection Agency 
                and the Governor of the State of Florida, issue 
                programmatic regulations identifying the amount of 
                water to be dedicated and managed for the natural 
                system from the Central and Southern Florida Project 
                features authorized, constructed, and operated in 
                accordance with previous acts of Congress and this Act 
                through the implementation of the Comprehensive 
                Everglades Restoration Plan features. Such regulations 
                shall be completed within two years of the date of 
                enactment of this Act. These regulations shall ensure 
                that the natural system and the human environment 
                receive the benefits intended, including benefits for 
                the restoration, preservation, and protection of the 
                natural system, as the Comprehensive Everglades 
                Restoration Plan is implemented and incorporated into 
                the Central and Southern Florida Project for as long as 
                the project remains authorized. Nothing in this Act 
                shall prevent the State of Florida from reserving water 
                for environmental uses under the 1972 Florida Water 
                Resources Act to the extent consistent with this 
                section.
                    (C) Project specific regulations.--The Secretary, 
                after notice and opportunity for public comment, and in 
                consultation with the Secretary of the Interior, 
                Secretary of Commerce, the Administrator of the 
                Environmental Protection Agency, other Federal 
                agencies, and the State of Florida shall develop 
                project feature specific regulations to ensure that the 
                benefits anticipated from each feature of the 
                Comprehensive Everglades Restoration Plan are achieved 
                and maintained as long as the project remains 
                authorized. Each such regulation shall be consistent 
                with the programmatic regulations issued pursuant to 
                subsection (i)(2)(B), be based on the best available 
                science, and ensure that the quantity, quality, timing, 
                and distribution of water for the natural system and 
                the human environment anticipated in the Comprehensive 
                Plan for each project feature is achieved and 
                maintained.
          (3) Existing water uses.--The Secretary shall ensure that the 
        implementation of the Comprehensive Everglades Restoration 
        Plan, including physical or operational modifications to the 
        Central and Southern Florida Project, does not cause 
        substantial adverse impacts on existing legal water uses, 
        including annual water deliveries to Everglades National Park, 
        water for the preservation of fish and wildlife in the natural 
        system, and other legal uses as of the date of enactment of 
        this Act. The Secretary shall not eliminate existing legal 
        sources of water supply, including those for agricultural water 
        supply, water for Everglades National Park and the preservation 
        of fish and wildlife, until new sources of water supply of 
        comparable quantity and quality are available to replace the 
        water to be lost from existing sources. Existing authorized 
        levels of flood protection will be maintained.
    (j) Report to Congress.--Beginning on October 1, 2005, and 
periodically thereafter until October 1, 2036, the Secretary and the 
Secretary of the Department of the Interior, in consultation with the 
Environmental Protection Agency, the Department of Commerce and the 
State of Florida, shall jointly submit to Congress a report on the 
implementation of the Comprehensive Everglades Restoration Plan. Such 
reports shall be completed no less than every five years. Such reports 
shall include a description of planning, design, and construction work 
completed, the amount of funds expended during the period covered by 
the report, and the work anticipated over the next five-year period. In 
addition, each report shall include the determination of each 
Secretary, and the Administrator of the Environmental Protection 
Agency, concerning the benefits to the natural system and the human 
environment achieved as of the date of the report and whether the 
completed features of the Comprehensive Everglades Restoration Plan are 
being operated in a manner that is consistent with the programmatic 
regulations established under subsection (i)(2)(B).

SEC. 4. WATERSHED AND RIVER BASIN ASSESSMENTS.

    Section 729 of Public Law 99-662 (100 Stat. 4164) is amended by--
            (1) striking ``STUDY OF WATER RESOURCES NEEDS OF RIVER 
        BASINS AND REGIONS.'' and all that follows, and
            (2) inserting in lieu thereof:

``WATERSHED AND RIVER BASIN ASSESSMENTS.

    ``(a) In General.--The Secretary is authorized to assess the water 
resources needs of river basins and watersheds of the United States. 
Such assessments shall be undertaken in cooperation and coordination 
with the Departments of the Interior, Agriculture and Commerce, the 
Environmental Protection Agency, and other appropriate agencies, and 
may include an evaluation of ecosystem protection and restoration, 
flood damage reduction, navigation and port needs, watershed 
protection, water supply, and drought preparedness.
    ``(b) Consultation.--The Secretary shall consult with Federal, 
tribal, State, interstate, and local governmental entities in carrying 
out the assessments authorized by this section. In conducting such 
assessments, the Secretary may accept contributions of services, 
materials, supplies and cash from Federal, tribal, State, interstate, 
and local governmental entities where the Secretary determines that 
such contributions will facilitate completion of the assessments.
    ``(c) Cost Sharing Requirements.--The non-Federal share of the cost 
of an assessment conducted under this section shall be 25 percent of 
the cost of such assessment. The non-Federal sponsor may provide the 
non-Federal cost-sharing requirement through the provision cash or 
services, materials, supplies, or other in-kind services. In no event 
shall such credit exceed the non-Federal requirement share of costs for 
the assessment.
    ``(d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $15,000,000.''.

SEC. 5. BROWNFIELDS REVITALIZATION PROGRAM.

    (a) General.--The Secretary shall, in consultation with the 
Environmental Protection Agency and other appropriate agencies, carry 
out a program to provide assistance to non-Federal interests in the 
remediation and restoration of abandoned or idled industrial and 
commercial sites where such assistance will improve the quality, 
conservation, and sustainable use of the Nation's streams, rivers, 
lakes, wetlands, and floodplains. Assistance may be in the form of site 
characterizations, planning, design, and construction projects. To the 
maximum extent practicable, projects implemented by the Secretary under 
this section will be done in cooperation and coordination with other 
Federal, tribal, State, and local efforts to maximize resources 
available for the remediation, restoration, and redevelopment of 
brownfield sites.
    (b) Justification for Assistance.--Nothwithstanding any economic 
justification provision or requirement of section 209 of the Flood 
Control Act of 1970 (42 U.S.C. 1962-2) or economic justification 
provision of any other law, the Secretary may determine that the 
assistance projects authorized by subsection (a)--
            (1) is justified by the public health and safety, and 
        environmental benefits; and
            (2) shall not need further economic justification if the 
        Secretary determines that the assistance is cost effective.
    (c) Cost Sharing.--
            (1) In general.--Prior to implementing any assistance 
        project under this section, the Secretary shall enter into a 
        binding agreement with the non-Federal interest, which shall 
        require the non-Federal interest to: (a) pay 50 percent of the 
        total costs of the assistance project; (b) acquire and place in 
        public ownership for so long as is necessary to implement and 
        complete the assistance project any lands, easements, right-of-
        way, and relocations necessary for implementation and 
        completion of the assistance project; (c) pay 100 percent of 
        any operation, maintenance, repair, replacement, and 
        rehabilitation costs associated with the assistance project; 
        and (d) hold and save harmless the United States free from 
        claims or damages due to implementation of the assistance 
        project, except for the negligence of the Government or its 
        contractors.
            (2) Credit.--The non-Federal interest shall receive credit 
        for the value of any lands, easements, rights-of-way, and 
        relocations provided for implementation and completion of such 
        assistance project. The Secretary also may afford credit to a 
        non-Federal interest for services, studies, supplies, and other 
        in-kind consideration where the Secretary determines that such 
        services, studies, supplies, and other in-kind consideration 
        will facilitate completion of the assistance project. In no 
        event shall such credit exceed the 50 percent non-Federal cost-
        sharing requirement.
    (d) Applicability of Other Federal and State Laws.--Nothing in this 
section shall be construed as waiving, limiting, or otherwise affecting 
the applicability of any provision of Federal or State law.
    (e) Project Cost Limitation.--Not more than $5,000,000 in Army 
Civil Works Appropriations funds may be allotted under this section at 
any single site.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $25,000,000 for each fiscal year 
from 2002 through 2005.
    (g) Program Evaluation.--Not later than December 31, 2005, the 
Secretary shall submit to the Committee on Transportation and 
Infrastructure of the House of Representatives and the Committee on 
Environment and Public Works of the Senate a report that discusses the 
program's performance objectives and evaluates its effectiveness in 
achieving them, along with any recommendations concerning continuation 
of the program.

SEC. 6. TRIBAL PARTNERSHIP PROGRAM.

    (a) In General.--The Secretary is authorized, in cooperation with 
federally recognized Indian tribes and other Federal agencies, to study 
and determine the feasibility of implementing water resources 
development projects that will substantially benefit Indian tribes, and 
are located primarily within Indian country, as defined in 18 U.S.C. 
1151, or in proximity to Alaska Native villages. Studies conducted 
under this authority may address, but are not limited to, projects for 
flood damage reduction, environmental restoration and protection, and 
preservation of cultural and natural resources.
    (b) Consultation and Coordination.--The Secretary shall consult 
with the Secretary of the Interior on studies conducted under this 
section in recognition of the unique role of the Secretary of the 
Interior regarding trust responsibilities with Indian tribes, and in 
recognition of mutual trust responsibilities. The Secretary shall 
integrate Army Civil Works activities with activities of the Department 
of the Interior to avoid conflicts, duplications of effort, or 
unanticipated adverse effects to Indian tribes, and shall consider 
existing authorities and programs of the Department of the Interior and 
other Federal agencies in any recommendations regarding implementation 
of project studied under this section.
    (c) Ability To Pay.--Any cost-sharing agreement for a study under 
this section shall be subject to the ability of a non-Federal interest 
to pay. The ability of any non-Federal interest to pay shall be 
determined by the Secretary in accordance with procedures established 
by the Secretary.
    (d) Credits.--For such studies conducted under this section, the 
Secretary may afford credit to the tribe for services, studies, 
supplies, and other in-kind consideration where the Secretary 
determines that such services, studies, supplies, and other in-kind 
consideration will facilitate completion of the project. In no event 
shall such credit exceed the tribe's required share of costs for the 
study.
    (e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out subsection (a) of this section $5,000,000 for 
each fiscal year, for fiscal years 2002 through 2006. Not more than 
$1,000,000 in Army Civil Works appropriations may be allotted under 
this section for any one tribe.
    (f) Definition.--For the purposes of this section the term ``Indian 
tribe'' means any tribe, band, nation, or other organized group or 
community of Indians, including any Alaska Native village (as defined 
in, or established pursuant to, the Alaska Native Claims Settlement Act 
(43 U.S.C.A. Sec. 1601 et seq.) which is recognized as eligible for the 
special programs and services provided by the United States to Indians 
because of their status as Indians.

SEC. 7. ABILITY TO PAY.

    Section 103(m) of Public Law 99-662 (33 U.S.C. 2213(m), as amended) 
is amended by:
            (1) deleting subsection (1) in its entirety and inserting 
        in lieu thereof the following language:
            ``(1) In general.--Any cost-sharing agreement under this 
        section for a feasibility study or for construction of an 
        environmental protection and restoration or flood control 
        project, or for construction of an agricultural water supply 
        project, shall be subject to the ability of a non-Federal 
        interest to pay.'';
            (2) deleting subsection (2) in its entirety and inserting 
        in lieu thereof the following language:
            ``(2) Criteria and procedures.--The ability of a non-
        Federal interest to pay shall be determined by the Secretary in 
        accordance with criteria and procedures in effect on the day 
        before the date of the enactment of the Water Resources 
        Development Act of 2000; except that such criteria and 
        procedures shall be revised, and new criteria and procedures be 
        developed, within 18 months after such date of enactment to 
        reflect the requirements of paragraph (3) of section 202(b) of 
        the Water Resources Development Act of 1996 (110 STAT. 
        3674).'';
            (3) adding the word ``and'' at the end of subsection 
        (3)(A)(ii);
            (4) deleting subsection (3)(B) in its entirety; and
            (5) deleting subsection (3)(C) in its entirety and 
        inserting in lieu thereof the following language:
                    ``(B) may consider additional criteria relating to 
                the non-Federal interest's financial ability to carry 
                out its cost-sharing responsibilities, or relating to 
                additional assistance that may be available from other 
                Federal or State sources.''.

SEC. 8. PROPERTY PROTECTION PROGRAM.

    (a) In General.--The Secretary is authorized to implement a program 
to reduce vandalism and destruction of property at water resources 
development projects under the jurisdiction of the Department of the 
Army. In carrying out the program the Secretary may provide rewards to 
individuals who provide information or evidence leading to the arrest 
and prosecution of individuals causing damage to Federal property, 
including the payment of cash rewards.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated $500,000 annually to carry out this section.

SEC. 9. NATIONAL RECREATION RESERVATION SERVICE.

  Notwithstanding section 611 of the Omnibus Consolidated and Emergency 
Supplemental Appropriations Act, 1999 Public Law 105-277), the 
Secretary may participate in the National Recreation Reservation 
Service on an interagency basis and-fund the Department of the Army's 
share of those activities required for implementing, operating, and 
maintaining the Service.

SEC. 10. OPERATION AND MAINTENANCE OF HYDROELECTRIC FACILITIES.

  Section 314 of Public Law 101-640 (33 U.S.C. 2321) is amended by 
inserting the following language immediately after the phrase 
``commercial activities'': ``Where such activities require specialized 
training related to hydroelectric power generation. These activities 
would be subject to the labor standards provisions in the Service 
Contract Act, 41, U.S.C. 351, and to the extent applicable, the Davis-
Bacon Act, 40 U.S.C., Sections 276(a)-7.''.

SEC. 11. INTERAGENCY AND INTERNATIONAL SUPPORT.

  Section 234 of Public Law 104-303 (33 U.S.C. 2323a) is amended--
            (1) in subsection (d) by deleting ``1,000,000'' and 
        inserting ``$2,000,000''.

SEC. 12. REBURIAL AND TRANSFER AUTHORITY.

    (a) In General.--
            (1) Reburial.--The Secretary is authorized, in consultation 
        with the appropriate Indian tribes, to identify and set aside 
        areas at civil works projects managed by the Secretary that may 
        be used to reinter Native American remains that have been 
        discovered on project lands, and which have been rightfully 
        claimed by a lineal descendant or Indian tribe in accordance 
        with applicable Federal law. The Secretary, in consultation and 
        in consent with the lineal descendant or the respective Indian 
        tribe, is authorized to recover and rebury the remains at such 
        sites at full Federal expense.
    (2) Transfer authority.--Notwithstanding any provision of law, the 
Secretary is authorized to transfer to the Indian tribe the land 
identified by the Secretary in subsection (1) for use as a cemetery. 
The Secretary shall retain any necessary rights-of-way, easements, or 
other property interests that the Secretary of the Army determines is 
necessary to carry out the authorized project purpose.
    (b) Definition.--For the purposes of this section the term ``Indian 
tribe'' means any tribe, band, nation, or other organized group or 
community of Indians, including any Alaska Native village (as defined 
in, or established pursuant to, the Alaska Native Claims Settlement Act 
(43 U.S.C.A. Sec. 1601 et seq.)) which is recognized as eligible for 
the special programs and services provided by the United States to 
Indians because of their status as Indians.

SEC. 13. AMENDMENT TO RIVERS AND HARBORS ACT.

    Section 33 U.S.C. 401 is amended by adding the following language 
at the end of the last sentence: ``The approval required by this 
section of the location and plans, or any modification of plans, for 
any dam or dike, applies only to any dam or dike that would completely 
span a waterway currently used to transport interstate or foreign 
commerce, in a manner that actual, existing interstate or foreign 
commerce could be adversely affected. Any other dam or dike proposed to 
be built in any other navigable water of the United States shall be 
regulated as a structure under 33 U.S.C. 403, and shall not require 
approval under this section.''.

SEC. 14. STRUCTURAL FLOOD CONTROL COST-SHARING.

    (a) Section 103(a) of the Water Resources Development Act of 1986 
(100 Stat. 4084-4085) is amended by--
            (1) striking ``35'' whenever it appears in paragraph (2) 
        and inserting ``50'' in lieu thereof;
            (2) deleting the word ``MINIMUM'' in paragraph (2);
            (3) adding the following language to paragraph (2) 
        immediately after the last sentence in that paragraph: ``The 
        non-Federal share under paragraph (1) shall not exceed 50 
        percent of the cost of the project assigned to flood control. 
        The preceding sentence does not modify the requirement of 
        paragraph (1)(A) of this subsection.''; and
            (4) deleting paragraph (3) and (4) in their entirety.''.
    (b) Applicability.--The amendment made by this section shall apply 
to any project or separable element thereof with respect to which the 
Secretary and the non-Federal interest have not entered into a project 
cooperation agreement on or before the date of enactment of this Act.

SEC. 15. CALFED BAY-DELTA PROGRAM ASSISTANCE.

    (a) In General.--The Secretary is authorized to participate with 
the appropriate Federal and State agencies in the planning and 
management activities associated with the CALFED Bay Delta Program, and 
shall, to the maximum extent practicable and in accordance with all 
applicable laws, integrate the activities of the Army Corps of 
Engineers in the San Joaquin and Sacramento River basins with the long-
term goals of the CALFED Bay Delta Program.
    (b) Cooperative Activities.--In participating in the CALFED Bay 
Delta Program as provided for in subsection (a) of this section, the 
Secretary is authorized to accept and expend funds from other Federal 
agencies and from non-Federal public, private and non-profit entities 
to carry out ecosystem restoration projects and activities associated 
with the CALFED Bay Delta Program and may enter into contracts, 
cooperative research and development agreements, and cooperative 
agreements with Federal and non-Federal private, public, and non-profit 
entities in carrying out these projects and activities.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to the Department of the Army to carry out activities 
under this section $5,000,000 for fiscal years from 2002 through 2005.
    (d) Definition.--For purposes of this section, the area covered by 
the CALFED Bay Delta Program is defined as the San Francisco Bay, 
Sacramento-San Joaquin Delta Estuary and its watershed (Bay-Delta 
Estuary) as identified in the Framework Agreement Between the 
Governor's Water Policy Council of the State of California and the 
Federal Ecosystem Directorate (Club Fed).

SEC. 16. PROJECT DE-AUTHORIZATIONS.

    Section 33 U.S.C. 579a is deleted in its entirety and the following 
language inserted in lieu thereof:

``PROJECT DE-AUTHORIZATIONS.

    (a) Projects Never Under Construction.--
            (1) The Secretary shall transmit annually to Congress a 
        list of projects and separable elements of projects that have 
        been authorized for construction, but for which no 
        appropriations have been obligated for construction of the 
        project or separable element during the four consecutive fiscal 
        years preceding the transmittal of such list.
            (2) Any water resources project authorized for 
        construction, and any separable element of such a project, 
        shall be de-authorized after the last day of the 7-year period 
        beginning on the date of the project or separable element's 
        most recent authorization or reauthorization unless funds have 
        been obligated for construction of the project or separable 
        element.
    (b) Projects Where Construction Has Been Suspended.--
            (1) The Secretary shall transmit annually to Congress a 
        list of projects and separable elements of projects that have 
        been authorized for construction, and for which funds have been 
        obligated in the past for construction of the project or 
        separable element, but for which no appropriations have been 
        obligated for construction of the project or separable element 
        during the two consecutive fiscal years preceding the 
        transmittal of such list.
            (2) Any water resources project, and any separable element 
        of such a project, for which funds have been obligated in the 
        past for construction of the project or separable element, 
        shall be de-authorized if appropriations specifically 
        identified for construction of the project or separable element 
        (either in Statute or in the accompanying legislative report 
        language) have not been obligated for construction of the 
        project or separable element during any five subsequent 
        consecutive fiscal years.
    (c) Congressional Notifications.--Upon submission of the lists 
under subsections (a) and (b), the Secretary shall notify each Senator 
in whose State, and each Member of the House of Representatives in 
whose district, the affected project or separable element would be 
located.
    (d) Final De-Authorization List.--The Secretary shall publish 
annually in the Federal Register a list of all projects or separable 
elements de-authorized under subsections (a) and (b).
    (e) Definitions.--For purposes of this section, for non-structural 
flood control projects, the phrase ``construction of the project or 
separable element'' means the acquisition of lands, easements and 
rights-of-way primarily to relocate structures, or the performance of 
physical work under a construction contract for other non-structural 
measures. For environmental protection and restoration projects, it 
means the acquisition of lands, easements and right-of-way primarily to 
facilitate the restoration of wetlands or similar habitats, or the 
performance of physical work under a construction contract to modify 
existing project facilities or to construct new environment project and 
restoration measures. For all other water resources projects, it means 
the performance of physical work under a construction contract. It no 
case shall the term ``physical work under a construction contract'', as 
used in this subsection, include activities related to project 
planning, engineering and design, relocation, or the acquisition of 
lands, easements, and rights-of-way.
    (f) Effective Date of Provisions.--Subsections (a)(2) and (b)(2) 
shall become effective three years after the date of enactment of this 
Act.

SEC. 17. FLOODPLAIN MANAGEMENT REQUIREMENTS.

    (a) Section 402 of the Water Resources Development Act of 1986 (100 
Stat. 4133) is amended by--
            (1) in subsection (c)(1) by deleting ``Within 6 months 
        after the date of the enactment of this subsection, the'' and 
        inserting ``The'';
            (2) by inserting ``that non-Federal interests shall adopt 
        and enforce'' after the word ``policies'' in the second 
        sentence in subsection (c)(1); and
            (3) by inserting at the end of subsection (c)(1)'' Such 
        guidelines shall also require non-Federal interests to take 
        measures to preserve the level of flood protection provided by 
        the project for which subsection (a) applies.''.
    (b) Applicability.--The amendment made by this section shall apply 
to any project or separable element thereof with respect to which the 
Secretary and the non-Federal interest have not entered a project 
cooperation agreement on or before the date of enactment of this Act.

SEC. 18. STUDY AT TRANSFER OF PROJECT LANDS.

    (a) In General.--Study of transfer.--The Secretary is authorized to 
conduct a feasibility study in cooperation with the Secretary of the 
Interior, the States of South and North Dakota, of the affected 
interest, and with the affected Indian tribes, for the transfer to the 
Secretary of Interior the land described in subsection (b) to be held 
in trust for the benefit of the respective Indian tribes.
    (b) Lands To Be Studied.--The land authorized to be studied for 
transfer is land that--
            (1) was acquired by the Secretary for the implementation of 
        the Pick-Sloan Missouri River Basin program; and
            (2) is located within the external boundaries of the 
        reservations of the Three Affiliated Tribes of the Fort 
        Berthold Reservation, ND, the Standing Rock Sioux Tribe of 
        North and South Dakota, the Crow Creek Sioux Tribe of the Crow 
        Creek Reservation, SD, the Yankton Sioux Tribe of South Dakota, 
        and the Flandreau Santee Sioux Tribe of South Dakota.
    (c) Definition.--For the purposes of this section the term ``Indian 
tribe'' means any tribe, band, nation, or other organized group or 
community of Indians, including any Alaska Native village (as defined 
in, or established pursuant to, the Alaska Native Claims Settlement Act 
(43 U.S.C.A. Sec. 1601 et seq.)) which is recognized as eligible for 
the special programs and services provided by the United States to 
Indians because of their status as Indians.

SEC. 19. PUGET SOUND AND ADJACENT WATERS RESTORATION.

    (a) In General.--The Secretary is authorized to participate in 
Critical Restoration Projects in the area of the Puget Sound and its 
adjacent waters, including the watersheds that drain directly into 
Pudget Sound, Admiralty Inlet, Hood Canal, Rosario Strait, and the 
eastern portion of the Strait of Juan de Fuca.
    (b) Definition.--``Critical Restoration Projects'' are those 
projects that will produce, consistent with existing Federal programs, 
projects and activities, immediate and substantial restoration, 
preservation and ecosystem protection benefits.
    (c) Project Selection.--The Secretary, with the concurrence of the 
Secretaries of the Interior and Commerce, and in consultation with 
other appropriate Federal, tribal, State, and local agencies, may 
identify critical restoration projects and may implement those projects 
after entering into an agreement with an appropriate non-Federal 
interest in accordance with the requirements of section 221 of the 
Flood Control Act of 1970, as amended (42 U.S.C. 1962d-5b) and this 
section.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to the Department of the Army to pay the Federal share of 
the cost of carrying out projects under this section $10,000,000.
    (e) Project Cost Limitation.--Not more than $2,500,000 in Army 
Civil Works appropriations Federal funds may be allocated to carrying 
out any one project under this section.
    (f) Cost Sharing.--
            (1) In general.--Prior to implementing any project under 
        this section, the Secretary shall enter into a binding 
        agreement with the non-Federal interest, which shall require 
        the non-Federal interest to: (a) pay 35 percent of the total 
        costs of the project; (b) acquire any lands, easements. rights-
        of-way, relocations, and dredged material disposal areas 
        necessary for implementation of the project; (c) pay 100 
        percent of the operation, maintenance, repair, replacement, and 
        rehabilitation costs associated with the project; and (d) hold 
        and save harmless the United States free from claims or damages 
        due to implementation of the assistance project, except for the 
        negligence of the Government or its contractors.
            (2) Credit.--The non-Federal interest shall receive credit 
        for the value of any lands, easements, rights-of-way, 
        relocations, and dredged material disposal areas provided for 
        implementation and completion of such assistance project. The 
        non-Federal interest may provide up to 50 percent of the non-
        Federal cost-sharing requirement through the provision of 
        services, materials, supplies, or other in-kind services.
                                 <all>
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