212
(1) LAND CONVEYANCE.—Notwithstanding any
other provision of law, the Secretary shall convey to
eligible private property owners at fair market value,
as determined by the Secretary, all right, title, and
interest of the United States in and to certain lands
acquired for Navigation Pool No. 2, McClellan-Kerr
Arkansas River Navigation System, Merrisach Lake
Project, Arkansas County, Arkansas.
(2) PROPERTY DESCRIPTION.—The lands to be
conveyed under paragraph (1) include those lands
lying between elevation 163, National Geodetic
Vertical Datum of 1929, and the Federal Govern-
ment boundary line for Tract Numbers 102, 129,
132–1, 132–2, 132–3, 134, 135, 136–1, 136–2, 138,
139, 140, 141, 142, 143, 144, and 145, located in
sections 18, 19, 29, 30, 31, and 32, Township 7
South, Range 2 West, and the SE1⁄4 of Section 36,
Township 7 South, Range 3 West, Fifth Principal
Meridian, with the exception of any land designated
for public park purposes.
(3) TERMS AND CONDITIONS.—Any lands con-
veyed under paragraph (1) shall be subject to—
(A) a perpetual flowage easement prohib-
iting human habitation and restricting con-
struction activities;
213
(B) the reservation of timber rights by the
United States; and
(C) such additional terms and conditions
as the Secretary considers appropriate to pro-
tect the interests of the United States.
(4) ELIGIBLE PROPERTY OWNER DEFINED.—In
this subsection, the term ‘‘eligible private property
owner’’ means the owner of record of land contig-
uous to lands owned by the United States in connec-
tion with the project referred to in paragraph (1).
SEC. 579. NAMINGS.
(a) FRANCIS BLAND FLOODWAY DITCH, ARKAN-
SAS.—
(1) DESIGNATION.—8-Mile Creek in Paragould,
Arkansas, shall be known and designated as the
‘‘Francis Bland Floodway Ditch’’.
(2) LEGAL REFERENCE.—Any reference in a
law, map, regulation, document, paper, or other
record of the United States to the creek referred to
in paragraph (1) shall be deemed to be a reference
to the ‘‘Francis Bland Floodway Ditch’’.
(b) LAWRENCE BLACKWELL MEMORIAL BRIDGE, AR-
KANSAS.—
(1) DESIGNATION.—The bridge over lock and
dam numbered 4 on the Arkansas River, Arkansas,
214
constructed as part of the project for navigation on
the Arkansas River and tributaries, shall be known
and designated as the ‘‘Lawrence Blackwell Memo-
rial Bridge’’.
(2) LEGAL REFERENCE.—Any reference in a
law, map, regulation, document, paper, or other
record of the United States to the bridge referred to
in paragraph (1) shall be deemed to be a reference
to the ‘‘Lawrence Blackwell Memorial Bridge’’.
SEC. 580. FOLSOM DAM AND RESERVOIR ADDITIONAL
STORAGE AND ADDITIONAL FLOOD CONTROL
STUDIES.
(a) FOLSOM FLOOD CONTROL STUDIES.—
(1) IN GENERAL.—The Secretary, in consulta-
tion with the State of California and local water re-
sources agencies, shall undertake a study of increas-
ing surcharge flood control storage at the Folsom
Dam and Reservoir.
(2) LIMITATIONS.—The study of the Folsom
Dam and Reservoir undertaken under paragraph (1)
shall assume that there is to be no increase in con-
servation storage at the Folsom Reservoir.
(3) REPORT.—Not later than March 1, 2000,
the Secretary shall transmit to Congress a report on
the results of the study under this subsection.
215
(b) AMERICAN
AND SACRAMENTO RIVERS FLOOD
CONTROL STUDY.—
(1) IN GENERAL.—The Secretary shall under-
take a study of all levees on the American River and
on the Sacramento River downstream and imme-
diately upstream of the confluence of such Rivers to
access opportunities to increase potential flood pro-
tection through levee modifications.
(2) DEADLINE
FOR
COMPLETION.—Not later
than March 1, 2000, the Secretary shall transmit to
Congress a report on the results of the study under-
taken under this subsection.
SEC. 581. WALLOPS ISLAND, VIRGINIA.
(a) EMERGENCY ACTION.—The Secretary shall take
emergency action to protect Wallops Island, Virginia, from
damaging coastal storms, by improving and extending the
existing seawall, replenishing and renourishing the beach,
and constructing protective dunes.
(b) REIMBURSEMENT.—The Secretary may seek re-
imbursement from other Federal agencies whose resources
are protected by the emergency action taken under sub-
section (a).
(c) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out this section
$8,000,000.
216
SEC. 582. DETROIT RIVER, DETROIT, MICHIGAN.
(a) IN GENERAL.—The Secretary is authorized to re-
pair and rehabilitate the seawalls on the Detroit River in
Detroit, Michigan.
(b) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated for fiscal years beginning
after September 30, 1999, $1,000,000 to carry out this
section.
SEC. 583. NORTHEASTERN MINNESOTA.
(a) ESTABLISHMENT OF PROGRAM.—The Secretary
may establish a pilot program for providing environmental
assistance to non-Federal interests in northeastern Min-
nesota.
(b) FORM OF ASSISTANCE.—Assistance under this
section may be in the form of design and construction as-
sistance for water-related environmental infrastructure
and resource protection and development projects in
northeastern Minnesota, including projects for wastewater
treatment and related facilities, water supply and related
facilities, environmental restoration, and surface water re-
source protection and development.
(c) PUBLIC OWNERSHIP REQUIREMENT.—The Sec-
retary may provide assistance for a project under this sec-
tion only if the project is publicly owned.
(d) LOCAL COOPERATION AGREEMENT.—
217
(1) IN GENERAL.—Before providing assistance
under this section, the Secretary shall enter into a
local cooperation agreement with a non-Federal in-
terest to provide for design and construction of the
project to be carried out with the assistance.
(2) REQUIREMENTS.—Each local cooperation
agreement entered into under this subsection shall
provide for the following:
(A) PLAN.—Development by the Secretary,
in consultation with appropriate Federal and
State officials, of a facilities or resource protec-
tion and development plan, including appro-
priate engineering plans and specifications.
(B) LEGAL
AND
INSTITUTIONAL
STRUC-
TURES.—Establishment of such legal and insti-
tutional structures as are necessary to ensure
the effective long-term operation of the project
by the non-Federal interest.
(3) COST SHARING.—
(A) IN GENERAL.—The Federal share of
project costs under each local cooperation
agreement entered into under this subsection
shall be 75 percent. The Federal share may be
in the form of grants or reimbursements of
project costs.
219
(E) OPERATION AND MAINTENANCE.—The
non-Federal share of operation and mainte-
nance costs for projects constructed with assist-
ance provided under this section shall be 100
percent.
(e) 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 that would other-
wise apply to a project to be carried out with assistance
provided under this section.
(f) REPORT.—Not later than December 31, 2001, the
Secretary shall transmit to Congress a report on the re-
sults of the pilot program carried out under this section,
together with recommendations concerning whether or not
such program should be implemented on a national basis.
(g) NORTHEASTERN MINNESOTA DEFINED.—In this
section, the term ‘‘northeastern Minnesota’’ means the
counties of Cook, Lake, St. Louis, Koochiching, Itasca,
Cass, Crow Wing, Aitkin, Carlton, Pine, Kanabec, Mille
Lacs, Morrison, Benton, Sherburne, Isanti, and Chisago,
Minnesota.
(h) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out this section
$40,000,000 for fiscal years beginning after September
220
30, 1999. Such sums shall remain available until ex-
pended.
SEC. 584. ALASKA.
(a) ESTABLISHMENT OF PROGRAM.—The Secretary
may establish a pilot program for providing environmental
assistance to non-Federal interests in Alaska.
(b) FORM OF ASSISTANCE.—Assistance under this
section may be in the form of design and construction as-
sistance for water-related environmental infrastructure
and resource protection and development projects in Alas-
ka, including projects for wastewater treatment and re-
lated facilities, water supply and related facilities, and sur-
face water resource protection and development.
(c) OWNERSHIP
REQUIREMENTS.—The Secretary
may provide assistance for a project under this section
only if the project is publicly owned or is owned by a native
corporation as defined by section 1602 of title 43, United
States Code.
(d) LOCAL COOPERATION AGREEMENTS.—
(1) IN GENERAL.—Before providing assistance
under this section, the Secretary shall enter into a
local cooperation agreement with a non-Federal in-
terest to provide for design and construction of the
project to be carried out with the assistance.
221
(2) REQUIREMENTS.—Each local cooperation
agreement entered into under this subsection shall
provide for the following:
(A) PLAN.—Development by the Secretary,
in consultation with appropriate Federal and
State officials, of a facilities or resource protec-
tion and development plan, including appro-
priate engineering plans and specifications.
(B) LEGAL
AND
INSTITUTIONAL
STRUC-
TURES.—Establishment of such legal and insti-
tutional structures as are necessary to ensure
the effective long-term operation of the project
by the non-Federal interest.
(3) COST SHARING.—
(A) IN GENERAL.—The Federal share of
the project costs under each local cooperation
agreement entered into under this subsection
shall be 75 percent. The Federal share may be
in the form of grants or reimbursements of
project costs.
(B) CREDIT
FOR
DESIGN
WORK.—The
non-Federal interest shall receive credit for the
reasonable costs of design work completed by
the non-Federal interest prior to entering into
a local cooperation agreement with the Sec-
222
retary for a project. The credit for the design
work shall not exceed 6 percent of the total con-
struction costs of the project.
(C) CREDIT FOR INTEREST.—In the event
of a delay in the funding of the non-Federal
share of a project that is the subject of an
agreement under this section, the non-Federal
interest shall receive credit for reasonable inter-
est incurred in providing the non-Federal share
of a project’s cost.
(D) LAND, EASEMENTS, AND RIGHTS-OF-
WAY CREDIT.—The non-Federal interest shall
receive credit for land, easements, rights-of-
way, and relocations toward its share of project
costs (including all reasonable costs associated
with obtaining permits necessary for the con-
struction, operation, and maintenance of the
project on publicly owned or controlled land),
but not to exceed 25 percent of total project
costs.
(E) OPERATION AND MAINTENANCE.—The
non-Federal share of operation and mainte-
nance costs for projects constructed with assist-
ance provided under this section shall be 100
percent.
223
(e) 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 that would other-
wise apply to a project to be carried out with assistance
provided under this section.
(f) REPORT.—Not later than December 31, 2001, the
Secretary shall transmit to Congress a report on the re-
sults of the pilot program carried out under this section,
together with recommendations concerning whether or not
such program should be implemented on a national basis.
(g) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out this section
$25,000,000 for fiscal years beginning after September
30, 1999. Such sums shall remain available until ex-
pended.
SEC. 585. CENTRAL WEST VIRGINIA.
(a) ESTABLISHMENT OF PROGRAM.—The Secretary
may establish a pilot program for providing environmental
assistance to non-Federal interests in central West Vir-
ginia.
(b) FORM OF ASSISTANCE.—Assistance under this
section may be in the form of design and construction as-
sistance for water-related environmental infrastructure
and resource protection and development projects in cen-
224
tral West Virginia, including projects for wastewater
treatment and related facilities, water supply and related
facilities, and surface water resource protection and devel-
opment.
(c) PUBLIC OWNERSHIP REQUIREMENT.—The Sec-
retary may provide assistance for a project under this sec-
tion only if the project is publicly owned.
(d) LOCAL COOPERATION AGREEMENTS.—
(1) IN GENERAL.—Before providing assistance
under this section, the Secretary shall enter into a
local cooperation agreement with a non-Federal in-
terest to provide for design and construction of the
project to be carried out with the assistance.
(2) REQUIREMENTS.—Each local cooperation
agreement entered into under this subsection shall
provide for the following:
(A) PLAN.—Development by the Secretary,
in consultation with appropriate Federal and
State officials, of a facilities or resource protec-
tion and development plan, including appro-
priate engineering plans and specifications.
(B) LEGAL
AND
INSTITUTIONAL
STRUC-
TURES.—Establishment of such legal and insti-
tutional structures as are necessary to ensure
225
the effective long-term operation of the project
by the non-Federal interest.
(3) COST SHARING.—
(A) IN GENERAL.—The Federal share of
the project costs under each local cooperation
agreement entered into under this subsection
shall be 75 percent. The Federal share may be
in the form of grants or reimbursements of
project costs.
(B) CREDIT
FOR
DESIGN
WORK.—The
non-Federal interest shall receive credit for the
reasonable costs of design work completed by
the non-Federal interest prior to entering into
a local cooperation agreement with the Sec-
retary for a project. The credit for the design
work shall not exceed 6 percent of the total con-
struction costs of the project.
(C) CREDIT FOR INTEREST.—In the event
of a delay in the funding of the non-Federal
share of a project that is the subject of an
agreement under this section, the non-Federal
interest shall receive credit for reasonable inter-
est incurred in providing the non-Federal share
of a project’s cost.
226
(D) LAND, EASEMENTS, AND RIGHTS-OF-
WAY CREDIT.—The non-Federal interest shall
receive credit for land, easements, rights-of-
way, and relocations toward its share of project
costs (including all reasonable costs associated
with obtaining permits necessary for the con-
struction, operation, and maintenance of the
project on publicly owned or controlled land),
but not to exceed 25 percent of total project
costs.
(E) OPERATION AND MAINTENANCE.—The
non-Federal share of operation and mainte-
nance costs for projects constructed with assist-
ance provided under this section shall be 100
percent.
(e) 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 that would other-
wise apply to a project to be carried out with assistance
provided under this section.
(f) REPORT.—Not later than December 31, 2001, the
Secretary shall transmit to Congress a report on the re-
sults of the pilot program carried out under this section,
227
together with recommendations concerning whether or not
such program should be implemented on a national basis.
(g) CENTRAL WEST VIRGINIA DEFINED.—In this
section, the term ‘‘central West Virginia’’ means the coun-
ties of Mason, Jackson, Putnam, Kanawha, Roane, Wirt,
Calhoun, Clay, Nicholas, Braxton, Gilmer, Lewis, Upshur,
Randolph, Pendleton, Hardy, Hampshire, Morgan, Berke-
ley, and Jefferson, West Virginia.
(h) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out this section
$10,000,000 for fiscal years beginning after September
30, 1999. Such sums shall remain available until ex-
pended.
SEC. 586. SACRAMENTO METROPOLITAN AREA WATERSHED
RESTORATION, CALIFORNIA.
(a) IN GENERAL.—The Secretary is authorized to
undertake environmental restoration activities included in
the Sacramento Metropolitan Water Authority’s ‘‘Water-
shed Management Plan’’. These activities shall be limited
to cleanup of contaminated groundwater resulting directly
from the acts of any Federal agency or Department of
the Federal Government at or in the vicinity of McClellan
Air Force Base, California; Mather Air Force Base, Cali-
fornia; Sacramento Army Depot, California; or any loca-
tion within the watershed where the Federal Government
228
would be a responsible party under any Federal environ-
mental law.
(b) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out this section
$5,000,000 for fiscal years beginning after September 30,
1999.
SEC. 587. ONONDAGA LAKE.
(a) IN GENERAL.—The Secretary is authorized to
plan, design, and construct projects for the environmental
restoration, conservation, and management of Onondaga
Lake, New York, and to provide, in coordination with the
Administrator of the Environmental Protection Agency, fi-
nancial assistance to the State of New York and political
subdivisions thereof for the development and implementa-
tion of projects to restore, conserve, and manage Onon-
daga Lake.
(b) PARTNERSHIP.—In carrying out this section, the
Secretary shall establish a partnership with appropriate
Federal agencies (including the Environmental Protection
Agency) and the State of New York and political subdivi-
sions thereof for the purpose of project development and
implementation. Such partnership shall be dissolved not
later than 15 years after the date of the enactment of this
Act.
229
(c) COST SHARING.—The non-Federal share of the
cost of a project constructed under subsection (a) shall
be not less than 30 percent of the total cost of the project
and may be provided through in-kind services.
(d) EFFECT
ON LIABILITY.—Financial assistance
provided under this section shall not relieve from liability
any person who would otherwise be liable under Federal
or State law for damages, response costs, natural resource
damages, restitution, equitable relief, or any other relief.
(e) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated $10,000,000 to carry out
the purposes of this section.
(f) REPEAL.—Section 401 of the Great Lakes Crit-
ical Programs Act of 1990 (104 Stat. 3010) and section
411 of the Water Resources Development Act of 1990
(104 Stat. 4648) are repealed as of the date of the enact-
ment of this Act.
SEC. 588. EAST LYNN LAKE, WEST VIRGINIA.
The Secretary shall defer any decision relating to the
leasing of mineral resources underlying East Lynn Lake,
West Virginia, project lands to the Federal entity vested
with such leasing authority.
SEC. 589. EEL RIVER, CALIFORNIA.
The Secretary shall conduct a study to determine if
flooding in the City of Ferndale, California, is the result
230
of a Federal flood control project on the Eel River. If the
Secretary determines that the flooding is the result of the
project, the Secretary shall take appropriate measures (in-
cluding dredging of the Salt River and construction of
sediment ponds at the confluence of Francis, Reas, and
Williams Creeks) to mitigate the flooding.
SEC. 590. NORTH LITTLE ROCK, ARKANSAS.
(a) IN GENERAL.—The Secretary shall review a re-
port prepared by the non-Federal interest concerning flood
protection for the Dark Hollow area of North Little Rock,
Arkansas. If the Secretary determines that the report
meets the evaluation and design standards of the Corps
of Engineers and that the project is economically justified,
technically sound, and environmentally acceptable, the
Secretary shall carry out the project.
(b) TREATMENT OF DESIGN AND PLAN PREPARA-
TION COSTS.—The costs of design and preparation of
plans and specifications shall be included as project costs
and paid during construction.
SEC. 591. UPPER MISSISSIPPI RIVER, MISSISSIPPI PLACE,
ST. PAUL, MINNESOTA.
(a) IN GENERAL.—The Secretary may enter into a
cooperative agreement to participate in a project for the
planning, design, and construction of infrastructure and
231
other improvements at Mississippi Place, St. Paul, Min-
nesota.
(b) COST SHARING.—
(1) IN GENERAL.—The Federal share of the
cost of the project shall be 50 percent. The Federal
share may be provided in the form of grants or re-
imbursements of project costs.
(2) CREDIT
FOR
NON-FEDERAL
WORK.—The
non-Federal interest shall receive credit toward the
non-Federal share of the cost of the project for rea-
sonable costs incurred by the non-Federal interests
as a result of participation in the planning, design,
and construction of the project.
(3) LAND, EASEMENTS, AND
RIGHTS-OF-WAY
CREDIT.—The non-Federal interest shall receive
credit toward the non-Federal share of the cost of
the project for land, easements, rights-of-way, and
relocations provided by the non-Federal interest with
respect to the project.
(4) OPERATION AND MAINTENANCE.—The non-
Federal share of operation and maintenance costs
for the project shall be 100 percent.
232
(c) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated $3,000,000 to carry out this
section.
Passed the House of Representatives April 29, 1999.
Attest:
Clerk.