132
(d) 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.
SEC. 516. INNOVATIVE TECHNOLOGIES FOR WATERSHED
RESTORATION.
The Secretary shall use, and encourage the use of,
innovative treatment technologies, including membrane
technologies, for watershed and environmental restoration
and protection projects involving water quality.
SEC. 517. ENVIRONMENTAL RESTORATION.
(a) ATLANTA, GEORGIA.—Section 219(c)(2) of the
Water Resources Development Act of 1992 (106 Stat.
4835) is amended by inserting before the period ‘‘and wa-
tershed restoration and development in the regional At-
lanta watershed, including Big Creek and Rock Creek’’.
(b) PATERSON AND PASSAIC VALLEY, NEW JER-
SEY.—Section 219(c)(9) of such Act (106 Stat. 4836) is
amended to read as follows:
‘‘(9) PATERSON, PASSAIC
COUNTY, AND
PAS-
SAIC VALLEY, NEW JERSEY.—Drainage facilities to
alleviate flooding problems on Getty Avenue in the
vicinity of St. Joseph’s Hospital for the City of
Paterson, New Jersey, and Passaic County, New
Jersey, and innovative facilities to manage and treat
133
additional flows in the Passaic Valley, Passaic River
basin, New Jersey.’’.
SEC. 
518. 
EXPEDITED 
CONSIDERATION 
OF 
CERTAIN
PROJECTS.
The Secretary shall expedite completion of the re-
ports for the following projects and proceed directly to
project planning, engineering, and design:
(1) Arroyo Pasajero, San Joaquin River basin,
California, project for flood control.
(2) Success Dam, Tule River, California,
project for flood control and water supply.
(3) Alafia Channel, Tampa Harbor, Florida,
project for navigation.
SEC. 519. DOG RIVER, ALABAMA.
(a) IN GENERAL.—The Secretary is authorized to es-
tablish, in cooperation with non-Federal interests, a pilot
project to restore natural water depths in the Dog River,
Alabama, between its mouth and the Interstate Route 10
crossing, and in the downstream portion of its principal
tributaries.
(b) FORM
OF ASSISTANCE.—Assistance provided
under subsection (a) shall be in the form of design and
construction of water-related resource protection and de-
velopment projects affecting the Dog River, including envi-
ronmental restoration and recreational navigation.
134
(c) NON-FEDERAL SHARE.—The non-Federal share
of the cost of the project carried out with assistance under
this section shall be 90 percent.
(d) LANDS, EASEMENTS, AND RIGHTS-OF-WAY.—
The non-Federal sponsor provide all lands, easements,
rights of way, relocations, and dredged material disposal
areas including retaining dikes required for the project.
(e) OPERATION MAINTENANCE.—The non-Federal
share of the cost of operation, maintenance, repair, re-
placement, or rehabilitation of the project carried out with
assistance under this section shall be 100 percent.
(f) CREDIT TOWARD NON-FEDERAL SHARE.—The
value of the lands, easements, rights of way, relocations,
and dredged material disposal areas, including retaining
dikes, provided by the non-Federal sponsor shall be cred-
ited toward the non-Federal share.
SEC. 520. ELBA, ALABAMA.
The Secretary is authorized to repair and rehabilitate
a levee in the city of Elba, Alabama at a total cost of
$12,900,000.
SEC. 521. GENEVA, ALABAMA.
The Secretary is authorized to repair and rehabilitate
a levee in the city of Geneva, Alabama at a total cost of
$16,600,000.
135
SEC. 522. NAVAJO RESERVATION, ARIZONA, NEW MEXICO,
AND UTAH.
(a) IN GENERAL.—In cooperation with other appro-
priate Federal and local agencies, the Secretary shall un-
dertake a survey of, and provide technical, planning, and
design assistance for, watershed management, restoration,
and development on the Navajo Indian Reservation, Ari-
zona, New Mexico, and Utah.
(b) COST SHARING.—The Federal share of the cost
of activities carried out under this section shall be 75 per-
cent. Funds made available under the Indian Self-Deter-
mination and Education Assistance Act (25 U.S.C. 450
et seq.) may be used by the Navajo Nation in meeting
the non-Federal share of the cost of such activities.
(c) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out this section
$12,000,000 for fiscal years beginning after September
30, 1999.
SEC. 523. AUGUSTA AND DEVALLS BLUFF, ARKANSAS.
(a) IN GENERAL.—The Secretary is authorized to
perform operations, maintenance, and rehabilitation on 37
miles of levees in and around Augusta and Devalls Bluff,
Arkansas.
(b) REIMBURSEMENT.—After performing the oper-
ations, maintenance, and rehabilitation under subsection
(a), the Secretary shall seek reimbursement from the Sec-
136
retary of the Interior of an amount equal to the costs allo-
cated to benefits to a Federal wildlife refuge of such oper-
ations, maintenance, and rehabilitation.
SEC. 524. BEAVER LAKE, ARKANSAS.
(a) WATER SUPPLY STORAGE REALLOCATION.—The
Secretary shall reallocate approximately 31,000 additional
acre-feet at Beaver Lake, Arkansas, to water supply stor-
age at no additional cost to the Beaver Water District or
the Carroll-Boone Water District above the amount that
has already been contracted for. At no time may the bot-
tom of the conservation pool be at an elevation that is
less than 1,076 feet NGVD.
(b) CONTRACT PRICING.—The contract price for ad-
ditional storage for the Carroll-Boone Water District be-
yond that which is provided for in subsection (a) shall be
based on the original construction cost of Beaver Lake and
adjusted to the 1998 price level net of inflation between
the date of initiation of construction and the date of enact-
ment of this Act.
SEC. 525. BEAVER LAKE TROUT PRODUCTION FACILITY, AR-
KANSAS.
(a) EXPEDITED
CONSTRUCTION.—The Secretary
shall construct, under the authority of section 105 of the
Water Resources Development Act of 1976 (90 Stat.
2921) and section 1135 of the Water Resources Develop-
137
ment Act of 1986 (100 Stat. 4251–4252), the Beaver
Lake trout hatchery as expeditiously as possible, but in
no event later than September 30, 2002.
(b) MITIGATION PLAN.—Not later than 2 years after
the date of enactment of this Act, the Secretary, in con-
junction with the State of Arkansas, shall prepare a plan
for the mitigation of effects of the Beaver Dam project
on Beaver Lake. Such plan shall provide for construction
of the Beaver Lake trout production facility and related
facilities.
SEC. 526. CHINO DAIRY PRESERVE, CALIFORNIA.
(a) TECHNICAL ASSISTANCE.—The Secretary, in co-
ordination with the heads of other Federal agencies, shall
provide technical assistance to State and local agencies in
the study, design, and implementation of measures for
flood damage reduction and environmental restoration and
protection in the Santa Ana River watershed, California,
with particular emphasis on structural and nonstructural
measures in the vicinity of the Chino Dairy Preserve.
(b) COMPREHENSIVE STUDY.—The Secretary shall
conduct a feasibility study to determine the most cost-ef-
fective plan for flood damage reduction and environmental
restoration and protection in the vicinity of the Chino
Dairy Preserve, Santa Ana River watershed, Orange
County and San Bernardino County, California.
139
SEC. 530. SANTA CRUZ HARBOR, CALIFORNIA.
The Secretary is authorized to modify the cooperative
agreement with the Santa Cruz Port District, California,
to reflect unanticipated additional dredging effort and to
extend such agreement for 10 years.
SEC. 531. POINT BEACH, MILFORD, CONNECTICUT.
(a) MAXIMUM FEDERAL EXPENDITURE.—The max-
imum amount of Federal funds that may be expended for
the project for hurricane and storm damage reduction,
Point Beach, Milford, Connecticut, shall be $3,000,000.
(b) REVISION OF PROJECT COOPERATION AGREE-
MENT.—The Secretary shall revise the project cooperation
agreement for the project referred to in subsection (a) to
take into account the change in the Federal participation
in such project.
(c) COST SHARING.—Nothing in this section shall be
construed to affect any cost-sharing requirement applica-
ble to the project referred to in subsection (a) under sec-
tion 101 of the Water Resources Development Act of 1986
(31 U.S.C. 2211).
SEC. 532. LOWER ST. JOHNS RIVER BASIN, FLORIDA.
(a) COMPUTER MODEL.—
(1) IN
GENERAL.—The Secretary may apply
the computer model developed under the St. Johns
River basin feasibility study to assist non-Federal in-
140
terests in developing strategies for improving water
quality in the Lower St. Johns River basin, Florida.
(2) COST SHARING.—The non-Federal share of
the cost of assistance provided under this subsection
shall be 50 percent.
(b) TOPOGRAPHIC SURVEY.—The Secretary is au-
thorized to provide 1-foot contour topographic survey
maps of the Lower St. Johns River basin, Florida, to non-
Federal interests for analyzing environmental data and es-
tablishing benchmarks for subbasins.
SEC. 533. SHORELINE PROTECTION AND ENVIRONMENTAL
RESTORATION, LAKE ALLATOONA, GEORGIA.
(a) IN GENERAL.—The Secretary, in cooperation
with the Administrator of the Environmental Protection
Agency, is authorized to carry out the following water-re-
lated environmental restoration and resource protection
activities to restore Lake Allatoona and the Etowah River
in Georgia:
(1) LAKE ALLATOONA/ETOWAH RIVER SHORE-
LINE RESTORATION DESIGN.—Develop pre-construc-
tion design measures to alleviate shoreline erosion
and sedimentation problems.
(2) LITTLE RIVER ENVIRONMENTAL RESTORA-
TION.—Conduct a feasibility study to evaluate envi-
ronmental problems and recommending environ-
141
mental infrastructure restoration measures for the
Little River within Lake Allatoona, Georgia.
(b) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated for fiscal years beginning
after September 30, 1999—
(1) $850,000 to carry out subsection (a)(1);
and
(2) $250,000 to carry out subsection (a)(2).
SEC. 534. MAYO’S BAR LOCK AND DAM, COOSA RIVER,
ROME, GEORGIA.
The Secretary is authorized to provide technical as-
sistance, including planning, engineering, and design as-
sistance, for the reconstruction of the Mayo’s Bar Lock
and Dam, Coosa River, Rome, Georgia. The non-Federal
share of assistance under this section shall be 50 percent.
SEC. 535. COMPREHENSIVE FLOOD IMPACT RESPONSE
MODELING 
SYSTEM, 
CORALVILLE 
RES-
ERVOIR AND IOWA RIVER WATERSHED, IOWA.
(a) IN GENERAL.—The Secretary, in cooperation
with the University of Iowa, shall conduct a study and
develop a Comprehensive Flood Impact Response Mod-
eling System for Coralville Reservoir and the Iowa River
watershed, Iowa.
(b) 
CONTENTS
OF
STUDY.—The 
study 
shall
include—
142
(1) an evaluation of the combined hydrologic,
geomorphic, environmental, economic, social, and
recreational impacts of operating strategies within
the Iowa River watershed;
(2) development of an integrated, dynamic flood
impact model; and
(3) development of a rapid response system to
be used during flood and other emergency situations.
(c) REPORT TO CONGRESS.—Not later than 5 years
after the date of enactment of this Act, the Secretary shall
transmit to Congress a report containing the results of
the study and modeling system together with such rec-
ommendations as the Secretary determines to be appro-
priate.
(d) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out this section
$900,000 for each of fiscal years 2000 through 2004.
SEC. 536. ADDITIONAL CONSTRUCTION ASSISTANCE IN IL-
LINOIS.
The Secretary may carry out the project for George-
town, Illinois, and the project for Olney, Illinois, referred
to in House Report Number 104–741, accompanying Pub-
lic Law 104–182.
143
SEC. 537. KANOPOLIS LAKE, KANSAS.
(a) WATER STORAGE.—The Secretary shall offer to
the State of Kansas the right to purchase water storage
in Kanopolis Lake, Kansas, at a price calculated in ac-
cordance with and in a manner consistent with the terms
of the memorandum of understanding entitled ‘‘Memo-
randum of Understanding Between the State of Kansas
and the U.S. Department of the Army Concerning the
Purchase of Municipal and Industrial Water Supply Stor-
age’’, dated December 11, 1985.
(b) EFFECTIVE DATE.—For the purposes of this sec-
tion, the effective date of that memorandum of under-
standing shall be deemed to be the date of enactment of
this Act.
SEC. 538. SOUTHERN AND EASTERN KENTUCKY.
Section 531(h) of the Water Resources Development
Act of 1996 (110 Stat. 3774) is amended by striking
‘‘$10,000,000’’ and inserting ‘‘$25,000,000’’.
SEC. 539. SOUTHEAST LOUISIANA.
Section 533(c) of the Water Resources Development
Act of 1996 (110 Stat. 3775) is amended by striking
‘‘$100,000,000’’ and inserting ‘‘$200,000,000’’.
SEC. 540. SNUG HARBOR, MARYLAND.
(a) IN GENERAL.—The Secretary, in coordination
with the Director of the Federal Emergency Management
Agency, is authorized—
144
(1) to provide technical assistance to the resi-
dents of Snug Harbor, in the vicinity of Berlin,
Maryland, for purposes of flood damage reduction;
(2) to conduct a study of a project for non-
structural measures for flood damage reduction in
the vicinity of Snug Harbor, Maryland, taking into
account the relationship of both the Ocean City Inlet
and Assateague Island to the flooding; and
(3) after completion of the study, to carry out
the project under the authority of section 205 of the
Flood Control Act of 1948 (33 U.S.C. 701s).
(b) FEMA ASSISTANCE.—The Director, in coordina-
tion with the Secretary and under the authorities of the
Robert T. Stafford Disaster Relief and Emergency Assist-
ance Act (42 U.S.C. 5121 note), may provide technical
assistance and nonstructural measures for flood damage
mitigation in the vicinity of Snug Harbor, Maryland.
(c) FEDERAL SHARE.—The Federal share of the cost
of assistance under this section shall not exceed
$3,000,000. The non-Federal share of such cost shall be
determined in accordance with the Water Resources De-
velopment Act of 1986 or the Robert T. Stafford Disaster
Relief and Emergency Assistance Act, as appropriate.
145
SEC. 541. WELCH POINT, ELK RIVER, CECIL COUNTY, AND
CHESAPEAKE CITY, MARYLAND.
(a) SPILLAGE OF DREDGED MATERIALS.—The Sec-
retary shall carry out a study to determine if the spillage
of dredged materials that were removed as part of the
project for navigation, Inland Waterway from Delaware
River to Chesapeake Bay, Delaware and Maryland, au-
thorized by the first section of the Act of August 30, 1935
(49 Stat. 1030), is a significant impediment to vessels
transiting the Elk River near Welch Point, Maryland. If
the Secretary determines that the spillage is an impedi-
ment to navigation, the Secretary may conduct such
dredging as may be required to permit navigation on the
river.
(b) DAMAGE TO WATER SUPPLY.—The Secretary
shall carry out a study to determine if additional com-
pensation is required to fully compensate the city of
Chesapeake, Maryland, for damage to the city’s water sup-
ply resulting from dredging of the Chesapeake and Dela-
ware Canal project. If the Secretary determines that such
additional compensation is required, the Secretary may
provide the compensation to the city of Chesapeake.
SEC. 542. WEST VIEW SHORES, CECIL COUNTY, MARYLAND.
Not later than 1 year after the date of enactment
of this Act, the Secretary shall carry out an investigation
of the contamination of the well system in West View
146
Shores, Cecil County, Maryland. If the Secretary deter-
mines that the disposal site from any Federal navigation
project has contributed to the contamination of the wells,
the Secretary may provide alternative water supplies, in-
cluding replacement of wells, at full Federal expense.
SEC. 543. RESTORATION PROJECTS FOR MARYLAND, PENN-
SYLVANIA, AND WEST VIRGINIA.
Section 539 of the Water Resources Development Act
of 1996 (110 Stat. 3776–3777) is amended—
(1) in subsection (a)(1) by striking ‘‘technical’’;
(2) in subsection (a)(1) by inserting ‘‘(or in the
case of projects located on lands owned by the
United States, to Federal interests)’’ after ‘‘inter-
ests’’;
(3) in subsection (a)(3) by inserting ‘‘or in con-
junction’’ after ‘‘consultation’’; and
(4) by inserting at the end of subsection (d) the
following: ‘‘Funds authorized to be appropriated to
carry out section 340 of the Water Resources Devel-
opment Act of 1992 (106 Stat. 4856) are authorized
for 
projects 
undertaken 
under 
subsection
(a)(1)(B).’’.
147
SEC. 544. CAPE COD CANAL RAILROAD BRIDGE, BUZZARDS
BAY, MASSACHUSETTS.
(a) ALTERNATIVE
TRANSPORTATION.—The Sec-
retary is authorized to provide up to $300,000 for alter-
native transportation that may arise as a result of the op-
eration, maintenance, repair, and rehabilitation of the
Cape Cod Canal Railroad Bridge.
(b) OPERATION AND MAINTENANCE CONTRACT RE-
NEGOTIATION.—Not later than 60 days after the date of
enactment of this Act, the Secretary shall enter into nego-
tiation with the owner of the railroad right-of-way for the
Cape Cod Canal Railroad Bridge for the purpose of estab-
lishing the rights and responsibities for the operation and
maintenance of the Bridge. The Secretary is authorized
to include in any new contract the termination of the prior
contract numbered ER–W175–ENG–1.
SEC. 545. ST. LOUIS, MISSOURI.
(a) DEMONSTRATION PROJECT.—The Secretary, in
consultation with local officials, shall conduct a dem-
onstration project to improve water quality in the vicinity
of St. Louis, Missouri.
(b) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated $1,700,000 to carry out this
section.
148
SEC. 546. BEAVER BRANCH OF BIG TIMBER CREEK, NEW
JERSEY.
Upon request of the State of New Jersey or a political
subdivision thereof, the Secretary may compile and dis-
seminate information on floods and flood damages, includ-
ing identification of areas subject to inundation by floods,
and provide technical assistance regarding floodplain man-
agement for Beaver Branch of Big Timber Creek, New
Jersey.
SEC. 547. LAKE ONTARIO AND ST. LAWRENCE RIVER WATER
LEVELS, NEW YORK.
Upon request, the Secretary shall provide technical
assistance to the International Joint Commission and the
St. Lawrence River Board of Control in undertaking stud-
ies on the effects of fluctuating water levels on the natural
environment, recreational boating, property flooding, and
erosion along the shorelines of Lake Ontario and the St.
Lawrence River in New York. The Commission and Board
are encouraged to conduct such studies in a comprehensive
and thorough manner before implementing any change to
water regulation Plan 1958–D.
SEC. 548. NEW YORK-NEW JERSEY HARBOR, NEW YORK AND
NEW JERSEY.
The Secretary may enter into cooperative agreements
with non-Federal interests to investigate, develop, and
support measures for sediment management and reduction
149
of contaminant sources which affect navigation in the Port
of New York-New Jersey and the environmental condi-
tions of the New York-New Jersey Harbor estuary. Such
investigation shall include an analysis of the economic and
environmental benefits and costs of potential sediment
management and contaminant reduction measures.
SEC. 549. SEA GATE REACH, CONEY ISLAND, NEW YORK,
NEW YORK.
The Secretary is authorized to construct a project for
shoreline protection which includes a beachfill with revet-
ment and T-groin for the Sea Gate Reach on Coney Is-
land, New York, as identified in the March 1998 report
prepared for the Corps of Engineers, New York District,
entitled ‘‘Field Data Gathering, Project Performance
Analysis and Design Alternative Solutions to Improve
Sandfill Retention’’, at a total cost of $9,000,000, with
an estimated Federal cost of $5,850,000 and an estimated
non-Federal cost of $3,150,000.
SEC. 550. WOODLAWN, NEW YORK.
(a) IN GENERAL.—The Secretary shall provide plan-
ning, design, and other technical assistance to non-Federal
interests for identifying and mitigating sources of con-
tamination at Woodlawn Beach in Woodlawn, New York.
150
(b) COST SHARING.—The non-Federal share of the
cost of assistance provided under this section shall be 50
percent.
SEC. 551. FLOODPLAIN MAPPING, NEW YORK.
(a) IN GENERAL.—The Secretary shall provide as-
sistance for a project to develop maps identifying 100- and
500-year flood inundation areas in the State of New York.
(b) REQUIREMENTS.—Maps developed under the
project shall include hydrologic and hydraulic information
and shall accurately show the flood inundation of each
property by flood risk in the floodplain. The maps shall
be produced in a high resolution format and shall be made
available to all flood prone areas in the State of New York
in an electronic format.
(c) PARTICIPATION OF FEMA.—The Secretary and
the non-Federal sponsor of the project shall work with the
Director of the Federal Emergency Management Agency
to ensure the validity of the maps developed under the
project for flood insurance purposes.
(d) FORMS OF ASSISTANCE.—In carrying out the
project, the Secretary may enter into contracts or coopera-
tive agreements with the non-Federal sponsor or provide
reimbursements of project costs.
(e) FEDERAL SHARE.—The Federal share of the cost
of the project shall be 75 percent.
151
(f) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out this section
$12,000,000 for fiscal years beginning after September
30, 1998.
SEC. 552. WHITE OAK RIVER, NORTH CAROLINA.
The Secretary shall conduct a study to determine if
water quality deterioration and sedimentation of the White
Oak River, North Carolina, are the result of the Atlantic
Intracoastal Waterway navigation project. If the Secretary
determines that the water quality deterioration and sedi-
mentation are the result of the project, the Secretary shall
take appropriate measures to mitigate the deterioration
and sedimentation.
SEC. 553. TOUSSAINT RIVER, CARROLL TOWNSHIP, OTTAWA
COUNTY, OHIO.
The Secretary is authorized to provide technical as-
sistance for the removal of military ordnance from the
Toussaint River, Carroll Township, Ottawa County, Ohio.
SEC. 554. SARDIS RESERVOIR, OKLAHOMA.
(a) IN GENERAL.—The Secretary shall accept from
the State of Oklahoma or an agent of the State an
amount, as determined under subsection (b), as prepay-
ment of 100 percent of the water supply cost obligation
of the State under Contract No. DACW56–74–JC–0314
for water supply storage at Sardis Reservoir, Oklahoma.
152
(b) DETERMINATION OF AMOUNT.—The amount to
be paid by the State of Oklahoma under subsection (a)
shall be subject to adjustment in accordance with accepted
discount purchase methods for Federal Government prop-
erties as determined by an independent accounting firm
designated by the Director of the Office of Management
and Budget. The cost of such determination shall be paid
for by the State of Oklahoma or an agent of the State.
(c) EFFECT.—Nothing in this section affects any of
the rights or obligations of the parties to the contract re-
ferred to in subsection (a).
SEC. 555. WAURIKA LAKE, OKLAHOMA, WATER CONVEY-
ANCE FACILITIES.
The requirement for the Waurika Project Master
Conservancy District to repay the $2,900,000 in costs (in-
cluding interest) resulting from the October 1991 settle-
ment of the claim before the United States Claims Court
related to construction of the water conveyance facilities
authorized by the first section of Public Law 88–253 (77
Stat. 841) is waived.
SEC. 556. SKINNER BUTTE PARK, EUGENE, OREGON.
(a) STUDY.—The Secretary shall conduct a study of
the south bank of the Willamette River, in the area of
Skinner Butte Park from Ferry Street Bridge to the Val-
ley River footbridge, to determine the feasibility of car-
153
rying out a project to stabilize the river bank, and to re-
store and enhance riverine habitat, using a combination
of structural and bioengineering techniques.
(b) CONSTRUCTION.—If, upon completion of the
study, the Secretary determines that the project is fea-
sible, the Secretary shall participate with non-Federal in-
terests in the construction of the project.
(c) COST SHARE.—The non-Federal share of the cost
of the project shall be 35 percent.
(d) LANDS, EASEMENTS, AND RIGHTS-OF-WAY.—
The non-Federal interest shall provide lands, easements,
rights-of-way, relocations, and dredged material disposal
areas necessary for construction of the project. The value
of such items shall be credited toward the non-Federal
share of the cost of the project.
(e) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out this section
$1,000,000 for fiscal years beginning after September 30,
1999.
SEC. 557. WILLAMETTE RIVER BASIN, OREGON.
The Secretary, Director of the Federal Emergency
Management Agency, Administrator of the Environmental
Protection Agency, and heads of other appropriate Fed-
eral agencies shall, using existing authorities, assist the
State of Oregon in developing and implementing a com-
154
prehensive basin-wide strategy in the Willamette River
basin of Oregon for coordinated and integrated manage-
ment of land and water resources to improve water qual-
ity, reduce flood hazards, ensure sustainable economic ac-
tivity, and restore habitat for native fish and wildlife. The
heads of such Federal agencies may provide technical as-
sistance, staff and financial support for development of
the basin-wide management strategy. The heads of Fed-
eral agencies shall seek to exercise flexibility in adminis-
trative actions and allocation of funding to reduce barriers
to efficient and effective implementing of the strategy.
SEC. 558. BRADFORD AND SULLIVAN COUNTIES, PENNSYL-
VANIA.
The Secretary is authorized to provide assistance for
water-related environmental infrastructure and resource
protection and development projects in Bradford and Sul-
livan Counties, Pennsylvania, using the funds and authori-
ties provided in title I of the Energy and Water Develop-
ment Appropriations Act, 1999 (Public Law 105-245)
under the heading ‘‘CONSTRUCTION, GENERAL’’ (112
Stat. 1840) for similar projects in Lackawanna,
Lycoming, Susquehanna, Wyoming, Pike, and Monroe
Counties, Pennsylvania.
155
SEC. 559. ERIE HARBOR, PENNSYLVANIA.
The Secretary may reimburse the appropriate non-
Federal interest not more than $78,366 for architect and
engineering costs incurred in connection with the Erie
Harbor basin navigation project, Pennsylvania.
SEC. 560. POINT MARION LOCK AND DAM, PENNSYLVANIA.
The project for navigation, Point Marion Lock and
Dam, Borough of Point Marion, Pennsylvania, as author-
ized by section 301(a) of the Water Resources Develop-
ment Act of 1986 (100 Stat. 4110), is modified to direct
the Secretary, in the operation and maintenance of the
project, to mitigate damages to the shoreline, at a total
cost of $2,000,000. The cost of the mitigation shall be
allocated as an operation and maintenance cost of a Fed-
eral navigation project.
SEC. 561. SEVEN POINTS’ HARBOR, PENNSYLVANIA.
(a) IN GENERAL.—The Secretary is authorized, at
full Federal expense, to construct a breakwater-dock com-
bination at the entrance to Seven Points’ Harbor, Penn-
sylvania.
(b) OPERATION AND MAINTENANCE COSTS.—All op-
eration and maintenance costs associated with the facility
constructed under this section shall be the responsibility
of the lessee of the marina complex at Seven Points’ Har-
bor.
156
(c) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated $850,000 to carry out this
section.
SEC. 562. SOUTHEASTERN PENNSYLVANIA.
Section 566(b) of the Water Resources Development
Act of 1996 (110 Stat. 3786) is amended by inserting ‘‘en-
vironmental restoration,’’ after ‘‘water supply and related
facilities,’’.
SEC. 563. UPPER SUSQUEHANNA-LACKAWANNA WATER-
SHED RESTORATION INITIATIVE.
(a) IN GENERAL.—The Secretary, in cooperation
with appropriate Federal, State, and local agencies and
nongovernmental institutions, is authorized to prepare a
watershed plan for the Upper Susquehanna-Lackawanna
Watershed (USGS Cataloguing Unit 02050107). The plan
shall utilize geographic information system and shall in-
clude a comprehensive environmental assessment of the
watershed’s ecosystem, a comprehensive flood plain man-
agement plan, a flood plain protection plan, water resource
and environmental restoration projects, water quality im-
provement, and other appropriate infrastructure and
measures.
(b) NON-FEDERAL SHARE.—The non-Federal share
of the cost of preparation of the plan under this section
shall be 50 percent. Services and materials instead of cash
157
may be credited toward the non-Federal share of the cost
of the plan.
(c) 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. 564. AGUADILLA HARBOR, PUERTO RICO.
The Secretary shall conduct a study to determine if
erosion and additional storm damage risks that exist in
the vicinity of Aguadilla Harbor, Puerto Rico, are the re-
sult of a Federal navigation project. If the Secretary de-
termines that such erosion and additional storm damage
risks are the result of the project, the Secretary shall take
appropriate measures to mitigate the erosion and storm
damage.
SEC. 565. OAHE DAM TO LAKE SHARPE, SOUTH DAKOTA,
STUDY.
Section 441 of the Water Resources Development Act
of 1996 (110 Stat. 3747) is amended—
(1) by inserting ‘‘(a) INVESTIGATION.—’’ before
‘‘The Secretary’’; and
(2) by adding at the end the following:
‘‘(b) REPORT.—Not later than September 30, 2000,
the Secretary shall transmit to Congress a report on the
results of the investigation under this section. The report
158
shall include the examination of financing options for reg-
ular maintenance and preservation of the lake. The report
shall be prepared in coordination and cooperation with the
Natural Resources Conservation Service, other Federal
agencies, and State and local officials.’’.
SEC. 566. INTEGRATED WATER MANAGEMENT PLANNING,
TEXAS.
(a) IN GENERAL.—The Secretary, in cooperation
with other Federal agencies and the State of Texas, shall
provide technical, planning, and design assistance to non-
Federal interests in developing integrated water manage-
ment plans and projects that will serve the cities, counties,
water agencies, and participating planning regions under
the jurisdiction of the State of Texas.
(b) PURPOSES OF ASSISTANCE.—Assistance provided
under subsection (a) shall be in support of non-Federal
planning and projects for the following purposes:
(1) Plan and develop integrated, near- and
long-term water management plans that address the
planning region’s water supply, water conservation,
and water quality needs.
(2) Study and develop strategies and plans that
restore, preserve, and protect the State’s and plan-
ning region’s natural ecosystems.
159
(3) Facilitate public communication and partici-
pation.
(4) Integrate such activities with other ongoing
Federal and State projects and activities associated
with the State of Texas water plan and the State of
Texas legislation.
(c) COST SHARING.—The non-Federal share of the
cost of assistance provided under subsection (a) shall be
50 percent, of which up to 1⁄2 of the non-Federal share
may be provided as in kind services.
(d) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out this section,
$10,000,000 for the fiscal years beginning after Sep-
tember 30, 1999.
SEC. 567. BOLIVAR PENINSULA, JEFFERSON, CHAMBERS,
AND GALVESTON COUNTIES, TEXAS.
(a) SHORE PROTECTION PROJECT.—The Secretary is
authorized to design and construct a shore protection
project between the south jetty of the Sabine Pass Chan-
nel and the north jetty of the Galveston Harbor Entrance
Channel in Jefferson, Chambers, and Galveston Counties,
Texas, including beneficial use of dredged material from
Federal navigation projects.
(b) APPLICABILITY OF BENEFIT-COST RATIO WAIV-
ER AUTHORITY.—In evaluating and implementing the
160
project, the Secretary shall allow the non-Federal interest
to participate in the financing of the project in accordance
with section 903(c) of the Water Resources Development
Act of 1986 (100 Stat. 4184), notwithstanding any limita-
tion on the purpose of projects to which such section ap-
plies, to the extent that the Secretary’s evaluation indi-
cates that applying such section is necessary to implement
the project.
SEC. 568. GALVESTON BEACH, GALVESTON COUNTY, TEXAS.
The Secretary is authorized to design and construct
a shore protection project between the Galveston South
Jetty and San Luis Pass, Galveston County, Texas, using
innovative nourishment techniques, including beneficial
use of dredged material from Federal navigation projects.
SEC. 569. PACKERY CHANNEL, CORPUS CHRISTI, TEXAS.
(a) IN GENERAL.—The Secretary shall construct a
navigation and storm protection project at Packery Chan-
nel, Mustang Island, Texas, consisting of construction of
a channel and a channel jetty and placement of sand along
the length of the seawall.
(b) ECOLOGICAL AND RECREATIONAL BENEFITS.—
In evaluating the project, the Secretary shall include the
ecological and recreational benefits of reopening the
Packery Channel.
161
(c) APPLICABILITY OF BENEFIT-COST RATIO WAIV-
ER AUTHORITY.—In evaluating and implementing the
project, the Secretary shall allow the non-Federal interest
to participate in the financing of the project in accordance
with section 903(c) of the Water Resources Development
Act of 1986 (100 Stat. 4184), notwithstanding any limita-
tion on the purpose of projects to which such section ap-
plies, to the extent that the Secretary’s evaluation indi-
cates that applying such section is necessary to implement
the project.
SEC. 570. NORTHERN WEST VIRGINIA.
The projects described in the following reports are
authorized to be carried out by the Secretary substantially
in accordance with the plans, and subject to the condi-
tions, recommended in such reports:
(1) PARKERSBURG, WEST VIRGINIA.—Report of
the Corps of Engineers entitled ‘‘Parkersburg/Vi-
enna Riverfront Park Feasibility Study’’, dated June
1998, at a total cost of $8,400,000, with an esti-
mated Federal cost of $4,200,000, and an estimated
non-Federal cost of $4,200,000.
(2) WEIRTON, WEST VIRGINIA.—Report of the
Corps of Engineers entitled ‘‘Feasibility Master Plan
for Weirton Port and Industrial Center, West Vir-
ginia Public Port Authority’’, dated December 1997,
162
at a total cost of $18,000,000, with an estimated
Federal cost of $9,000,000, and an estimated non-
Federal cost of $9,000,000.
(3) 
ERICKSON/WOOD
COUNTY, 
WEST
VIR-
GINIA.—Report of the Corps of Engineers entitled
‘‘Feasibility Master Plan for Erickson/Wood County
Port District, West Virginia Public Port Authority’’,
dated July 7, 1997, at a total cost of $28,000,000,
with an estimated Federal cost of $14,000,000, and
an estimated non-Federal cost of $14,000,000.
(4) MONONGAHELA RIVER, WEST VIRGINIA.—
Monongahela River, West Virginia, Comprehensive
Study Reconnaissance Report, dated September
1995, consisting of the following elements:
(A) Morgantown Riverfront Park, Morgan-
town, West Virginia, at a total cost of
$1,600,000, with an estimated Federal cost of
$800,000 and an estimated non-Federal cost of
$800,000.
(B) Caperton Rail to Trail, Monongahela
County, West Virginia, at a total cost of
$4,425,000, with an estimated Federal cost of
$2,212,500 and an estimated non-Federal cost
of $2,212,500.
163
(C) Palatine Park, Fairmont, West Vir-
ginia, at a total cost of $1,750,000, with an es-
timated Federal cost of $875,000 and an esti-
mated non-Federal cost of $875,000.
SEC. 571. URBANIZED PEAK FLOOD MANAGEMENT RE-
SEARCH.
(a) IN GENERAL.—The Secretary shall develop and
implement a research program to evaluate opportunities
to manage peak flood flows in urbanized watersheds lo-
cated in the State of New Jersey.
(b) SCOPE OF RESEARCH.—The research program
authorized by subsection (a) shall be accomplished
through the New York District. The research shall specifi-
cally include the following:
(1) Identification of key factors in urbanized
watersheds that are under development and impact
peak flows in the watersheds and downsteam of the
watersheds.
(2) Development of peak flow management
models for 4 to 6 watersheds in urbanized areas lo-
cated with widely differing geology, areas, shapes,
and soil types that can be used to determine optimal
flow reduction factors for individual watersheds.
(3) Utilization of such management models to
determine relationships between flow and reduction
164
factors and change in imperviousness, soil types,
shape of the drainage basin, and other pertinent pa-
rameters from existing to ultimate conditions in wa-
tersheds under consideration for development.
(4) Development and validation of an inexpen-
sive accurate model to establish flood reduction fac-
tors based on runoff curve numbers, change in im-
perviousness, the shape of the basin, and other perti-
nent factors.
(c) REPORT
TO CONGRESS.—The Secretary shall
evaluate policy changes in the planning process for flood
control projects based on the results of the research au-
thorized by this section and transmit to Congress a report
not later than 3 years after the date of enactment of this
Act.
(d) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carryout this section
$3,000,000 for fiscal years beginning after September 30,
1999.
(e) FLOW REDUCTION FACTORS DEFINED.—In this
section, the term ‘‘flow reduction factors’’ means the ratio
of estimated allowable peak flows of stormwater after pro-
jected development when compared to pre-existing condi-
tions.
165
SEC. 572. MISSISSIPPI RIVER COMMISSION.
Section 8 of the Flood Control Act of May 15, 1928
(Public Law 391, 70th Congress), is amended by striking
‘‘$7,500’’ and inserting ‘‘$21,500.’’
SEC. 573. COASTAL AQUATIC HABITAT MANAGEMENT.
(a) IN GENERAL.—The Secretary may cooperate with
the Secretaries of Agriculture and the Interior, the Admin-
istrators of the Environmental Protection Agency and the
National Oceanic and Atmospheric Administration, other
appropriate Federal, State, and local agencies, and af-
fected private entities, in the development of a manage-
ment strategy to address problems associated with toxic
microorganisms and the resulting degradation of eco-
systems in the tidal and nontidal wetlands and waters of
the United States for the States along the Atlantic Ocean.
As part of such management strategy, the Secretary may
provide planning, design, and other technical assistance to
each participating State in the development and imple-
mentation of nonregulatory measures to mitigate environ-
mental problems and restore aquatic resources.
(b) COST SHARING.—The Federal share of the cost
of measures undertaken under this section shall not exceed
65 percent.
(c) OPERATION AND MAINTENANCE.—The non-Fed-
eral share of operation and maintenance costs for projects
166
constructed with assistance provided under this section
shall be 100 percent.
(d) AUTHORIZATION OF APPROPRIATION.—There is
authorized to be appropriated to carry out this section
$7,000,000 for fiscal years beginning after September 30,
1999.
SEC. 574. RECREATION USER FEES INITIATIVE.
(a) IN GENERAL.—During fiscal years 2000 through
2003, the Secretary may withhold from the special ac-
count established pursuant to section 4(i)(1)(A) of the
Land and Water Conservation Fund Act of 1965 (16
U.S.C. 460l–6a(i)(1)(A)), 100 percent of the amount of
receipts from fees collected at selected recreation sites
under the administrative jurisdiction of the Department
of the Army pursuant to section 4(b) of such Act (16
U.S.C. 460l–6a(b)). The amounts withheld shall be re-
tained by the Secretary and shall be available for expendi-
ture by the Secretary in accordance with the provisions
of this section.
(b) USE OF FUNDS.—In order to increase the quality
of the visitor experience at public recreational areas and
to enhance the protection of resources, the amounts with-
held pursuant to subsection (a) and available for expendi-
ture may only be used for backlogged repair and mainte-
nance projects (including projects relating to public health
167
and safety) and for interpretation, signage, habitat or fa-
cility enhancement, resource preservation, annual oper-
ation and maintenance, and law enforcement related to
public use.
(c) APPLICABILITY.—The Secretary shall implement
the authority under this section and evaluate the feasi-
bility of retaining recreation fees at projects and facilities
under the Secretary’s jurisdiction at not more than 5
projects and facilities. In selecting projects and facilities
under this section, the Secretary should seek to achieve
geographic diversity. One of the projects and facilities se-
lected shall be the Mississippi River Headwaters Recre-
ation Areas, Minnesota.
(d) REPORT.—Not later than December 31, 2003,
the Secretary shall transmit to Congress a report on the
results of implementing this section, together with rec-
ommendations concerning whether the authority under
this section should be offered on a nationwide basis.
SEC. 575. ABANDONED AND INACTIVE NONCOAL MINE RES-
TORATION.
(a) IN GENERAL.—The Secretary is authorized to
provide technical, planning, and design assistance to Fed-
eral and non-Federal interests for carrying out projects
to address water quality problems caused by drainage and
168
related activities from abandoned and inactive noncoal
mines.
(b) 
SPECIFIC
MEASURES.—Assistance 
provided
under subsection (a) may be in support of projects for the
following purposes:
(1) Management of drainage from abandoned
and inactive noncoal mines.
(2) Restoration and protection of streams, riv-
ers, wetlands, other waterbodies, and riparian areas
degraded by drainage from abandoned and inactive
noncoal mines.
(3) Demonstration of management practices
and innovative and alternative treatment tech-
nologies to minimize or eliminate adverse environ-
mental effects associated with drainage from aban-
doned and inactive noncoal mines.
(c) NON-FEDERAL SHARE.—The non-Federal share
of the cost of assistance under subsection (a) shall be 50
percent; except that the Federal share with respect to
projects located on lands owned by the United States shall
be 100 percent.
(d) EFFECT ON AUTHORITY OF THE SECRETARY OF
THE INTERIOR.—Nothing in this section shall be con-
strued as affecting the authority of the Secretary of the
169
Interior under title IV of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1231 et seq.).
(e) TECHNOLOGY DATABASE FOR RECLAMATION OF
ABANDONED MINES.—The Secretary is authorized to pro-
vide assistance to non-Federal and non-profit entities to
develop, manage, and maintain a database of conventional
and innovative, cost-effective technologies for reclamation
of abandoned and inactive noncoal mine sites. Such assist-
ance shall be provided through the rehabilitation of aban-
doned mine sites program, managed by the Sacramento
District Office of the Corps of Engineers.
(f) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out this section
$5,000,000.
SEC. 576. BENEFICIAL USE OF WASTE TIRE RUBBER.
(a) IN GENERAL.—The Secretary is authorized to
conduct pilot projects to encourage the beneficial use of
waste tire rubber, including crumb rubber, recycled from
tires. Such beneficial use may include marine pilings, un-
derwater framing, floating docks with built-in flotation,
utility poles, and other uses associated with transportation
and infrastructure projects receiving Federal funds. The
Secretary shall, when appropriate, encourage the use of
waste tire rubber, including crumb rubber, in such feder-
ally funded projects.
170
(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,
1998.
SEC. 577. SITE DESIGNATION.
Section 102(c)(4) of the Marine Protection, Re-
search, and Sanctuaries Act of 1972 (33 U.S.C.
1412(c)(4)) is amended by striking ‘‘January 1, 2000’’
and inserting ‘‘January 1, 2005’’.
SEC. 578. LAND CONVEYANCES.
(a) EXCHANGE OF LAND IN PIKE COUNTY, MIS-
SOURI.—
(1) EXCHANGE
OF
LAND.—Subject to para-
graphs (3) and (4), at such time as Holnam Inc.
conveys all right, title, and interest in and to the
land described in paragraph (2)(A) to the United
States, the Secretary shall convey all right, title, and
interest in the land described in paragraph (2)(B) to
Holnam Inc.
(2) DESCRIPTION
OF
LANDS.—The lands re-
ferred to in paragraph (1) are the following:
(A) NON-FEDERAL
LAND.—152.45 acres
with existing flowage easements situated in
Pike County, Missouri, described a portion of
Government Tract Number FM–9 and all of
171
Government Tract Numbers FM–11, FM–10,
FM–12, FM–13, and FM–16, owned and ad-
ministered by the Holnam Inc.
(B) FEDERAL LAND.—152.61 acres situ-
ated in Pike County, Missouri, known as Gov-
ernment Tract Numbers FM–17 and a portion
of FM–18, administered by the Corps of Engi-
neers.
(3) CONDITIONS OF EXCHANGE.—The exchange
of land authorized by paragraph (1) shall be subject
to the following conditions:
(A) DEEDS.—
(i) FEDERAL LAND.—The instrument
of conveyance used to convey the land de-
scribed in paragraph (2)(B) to Holnam
Inc. shall contain such reservations, terms,
and conditions as the Secretary considers
necessary to allow the United States to op-
erate and maintain the Mississippi River 9-
Foot Navigation Project.
(ii) NON-FEDERAL
LAND.—The con-
veyance of the land described in paragraph
(2)(A) to the Secretary shall be by a war-
ranty deed acceptable to the Secretary.
172
(B) 
REMOVAL
OF
IMPROVEMENTS.—
Holnam Inc. may remove any improvements on
the land described in paragraph (2)(A). The
Secretary may require Holnam Inc. to remove
any improvements on the land described in
paragraph (2)(A). In either case, Holnam Inc.
shall hold the United States harmless from li-
ability, and the United States shall not incur
cost associated with the removal or relocation of
any such improvements.
(C) TIME
LIMIT
FOR
EXCHANGE.—The
land exchange authorized by paragraph (1)
shall be completed not later than 2 years after
the date of enactment of this Act.
(D) LEGAL DESCRIPTION.—The Secretary
shall provide the legal description of the land
described in paragraph (2). The legal descrip-
tion shall be used in the instruments of convey-
ance of the land.
(E) ADMINISTRATIVE
COSTS.—The Sec-
retary shall require Holnam Inc. to pay reason-
able administrative costs associated with the ex-
change.
(4) VALUE OF PROPERTIES.—If the appraised
fair market value, as determined by the Secretary,
173
of the land conveyed to Holnam Inc. by the Sec-
retary under paragraph (1) exceeds the appraised
fair market value, as determined by the Secretary,
of the land conveyed to the United States by
Holnam Inc. under paragraph (1), Holnam Inc.
shall make a payment equal to the excess in cash or
a cash equivalent to the United States.
(b) CANDY LAKE PROJECT, OSAGE COUNTY, OKLA-
HOMA.—
(1) DEFINITIONS.—In this subsection, the fol-
lowing definitions apply:
(A) FAIR MARKET VALUE.—The term ‘‘fair
market value’’ means the amount for which a
willing buyer would purchase and a willing sell-
er would sell a parcel of land, as determined by
a qualified, independent land appraiser.
(B) PREVIOUS
OWNER
OF
LAND.—The
term ‘‘previous owner of land’’ means a person
(including a corporation) that conveyed, or a
descendant of a deceased individual who con-
veyed, land to the Corps of Engineers for use
in the Candy Lake project in Osage County,
Oklahoma.
(2) LAND CONVEYANCES.—
174
(A) IN
GENERAL.—The Secretary shall
convey, in accordance with this subsection, all
right, title, and interest of the United States in
and to the land acquired by the United States
for the Candy Lake project in Osage County,
Oklahoma.
(B) PREVIOUS OWNERS OF LAND.—
(i) IN GENERAL.—The Secretary shall
give a previous owner of land the first op-
tion to purchase the land described in sub-
paragraph (A).
(ii) APPLICATION.—
(I) IN
GENERAL.—A previous
owner of land that desires to purchase
the land described in subparagraph
(A) that was owned by the previous
owner of land, or by the individual
from whom the previous owner of land
is descended, shall file an application
to purchase the land with the Sec-
retary not later than 180 days after
the official date of notice to the pre-
vious owner of land under paragraph
(3).
175
(II) FIRST TO FILE HAS FIRST
OPTION.—If more than 1 application
is filed to purchase a parcel of land
described in subparagraph (A), the
first option to purchase the parcel of
land shall be determined in the order
in which applications for the parcel of
land were filed.
(iii) IDENTIFICATION
OF
PREVIOUS
OWNERS OF LAND.—As soon as practicable
after the date of enactment of this Act, the
Secretary shall, to the extent practicable,
identify each previous owner of land.
(iv) CONSIDERATION.—Consideration
for land conveyed under this paragraph
shall be the fair market value of the land.
(C) DISPOSAL.—Any land described in
subparagraph (A) for which an application to
purchase the land has not been filed under sub-
paragraph (B)(ii) within the applicable time pe-
riod shall be disposed of in accordance with law.
(D) EXTINGUISHMENT OF EASEMENTS.—
All flowage easements acquired by the United
States for use in the Candy Lake project in
Osage County, Oklahoma, are extinguished.
176
(3) NOTICE.—
(A) IN
GENERAL.—The Secretary shall
notify—
(i) each person identified as a pre-
vious owner of land under paragraph
(2)(B)(iii), not later than 90 days after
identification, by United States mail; and
(ii) the general public, not later than
90 days after the date of enactment of this
Act, by publication in the Federal Register.
(B) CONTENTS OF NOTICE.—Notice under
this paragraph shall include—
(i) a copy of this subsection;
(ii) information sufficient to sepa-
rately identify each parcel of land subject
to this subsection; and
(iii) specification of the fair market
value of each parcel of land subject to this
subsection.
(C) OFFICIAL DATE OF NOTICE.—The offi-
cial date of notice under this paragraph shall be
the later of—
(i) the date on which actual notice is
mailed; or
177
(ii) the date of publication of the no-
tice in the Federal Register.
(c) LAKE HUGO, OKLAHOMA, AREA LAND CONVEY-
ANCE.—
(1) IN GENERAL.—As soon as practicable after
the date of enactment of this Act, the Secretary
shall convey at fair market value to Choctaw County
Industrial Authority, Oklahoma, the property de-
scribed in paragraph (2).
(2) DESCRIPTION.—The property to be con-
veyed under paragraph (1) is—
(A) that portion of land at Lake Hugo,
Oklahoma, above elevation 445.2 located in the
N1⁄2 of the NW1⁄4 of Section 24, R 18 E, T 6
S, and the S1⁄2 of the SW1⁄4 of Section 13, R
18 E, T 6 S bounded to the south by a line 50
north on the centerline of Road B of Sawyer
Bluff Public Use Area and to the north by the
1⁄2
quarter section line forming the south
boundary of Wilson Point Public Use Area; and
(B) a parcel of property at Lake Hugo,
Oklahoma, commencing at the NE corner of the
SE1⁄4 SW1⁄4 of Section 13, R 18 E, T 6 S, 100
feet north, then east approximately 1⁄2 mile to
178
the county line road between Section 13, R 18
E, T 6 S, and Section 18, R 19 E, T 6 S.
(3) TERMS AND CONDITIONS.—The conveyances
under this subsection shall be subject to such terms
and conditions, including payment of reasonable ad-
ministrative costs and compliance with applicable
Federal floodplain management and flood insurance
programs, as the Secretary considers necessary and
appropriate to protect the interests of the United
States.
(d) CONVEYANCE
OF
PROPERTY
IN
MARSHALL
COUNTY, OKLAHOMA.—
(1) IN GENERAL.—The Secretary shall convey
to the State of Oklahoma all right, title, and interest
of the United States to real property located in Mar-
shall County, Oklahoma, and included in the Lake
Texoma (Denison Dam), Oklahoma and Texas,
project consisting of approximately 1,580 acres and
leased to the State of Oklahoma for public park and
recreation purposes.
(2) CONSIDERATION.—Consideration for the
conveyance under paragraph (1) shall be the fair
market value of the real property, as determined by
the Secretary. All costs associated with the convey-
179
ance under paragraph (1) shall be paid by the State
of Oklahoma.
(3) DESCRIPTION.—The exact acreage and legal
description of the real property to be conveyed under
paragraph (1) shall be determined by a survey satis-
factory to the Secretary. The cost of the survey shall
be paid by the State of Oklahoma.
(4) 
ENVIRONMENTAL
COMPLIANCE.—Before
making the conveyance under paragraph (1), the
Secretary shall—
(A) conduct an environmental baseline sur-
vey to determine if there are levels of contami-
nation for which the United States would be re-
sponsible under the Comprehensive Environ-
mental Response, Compensation, and Liability
Act of 1980 (42 U.S.C. 9601 et seq.); and
(B) ensure that the conveyance complies
with the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.).
(5) OTHER TERMS AND CONDITIONS.—The con-
veyance under paragraph (1) shall be subject to such
other terms and conditions as the Secretary con-
siders necessary and appropriate to protect the in-
terests of the United States, including reservation by
the United States of a flowage easement over all
180
portions of the real property to be conveyed that are
at or below elevation 645.0 NGVD.
(e) SUMMERFIELD CEMETERY ASSOCIATION, OKLA-
HOMA, LAND CONVEYANCE.—
(1) IN GENERAL.—As soon as practicable after
the date of enactment of this Act, the Secretary
shall transfer to the Summerfield Cemetery Associa-
tion, Oklahoma, all right, title, and interest of the
United State in and to the land described in para-
graph (3) for use as a cemetery.
(2) REVERSION.—If the land to be transferred
under this subsection ever cease to be used as a not-
for-profit cemetery or for other public purposes the
land shall revert to the United States.
(3) DESCRIPTION.—The land to be conveyed
under this subsection is the approximately 10 acres
of land located in Leflore County, Oklahoma, and
described as follows:
INDIAN BASIN MERIDIAN
Section 23, Township 5 North, Range 23 East
SW SE SW NW
NW NE NW SW
N1⁄2 SW SW NW.
(4) CONSIDERATION.—The conveyance under
this subsection shall be without consideration. All
181
costs associated with the conveyance shall be paid by
the Summerfield Cemetery Association, Oklahoma.
(5) OTHER TERMS AND CONDITIONS.—The con-
veyance under this subsection shall be subject to
such other terms and conditions as the Secretary
considers necessary and appropriate to protect the
interests of the United States.
(f) DEXTER, OREGON.—
(1) IN GENERAL.—The Secretary shall convey
to the Dexter Sanitary District all right, title, and
interest of the United States in and to a parcel of
land consisting of approximately 5 acres located at
Dexter Lake, Oregon, under lease to the Dexter
Sanitary District.
(2) CONSIDERATION.—Land to be conveyed
under this section shall be conveyed without consid-
eration. If the land is no longer held in public own-
ership or no longer used for wastewater treatment
purposes, title to the land shall revert to the Sec-
retary.
(3) TERMS AND CONDITIONS.—The conveyance
by the United States shall be subject to such terms
and conditions as the Secretary considers appro-
priate to protect the interests of the United States.
182
(4) DESCRIPTION.—The exact acreage and de-
scription of the land to be conveyed under paragraph
(1) shall be determined by such surveys as the Sec-
retary considers necessary. The cost of the surveys
shall be borne by the Dexter Sanitary District.
(g) RICHARD B. RUSSELL DAM AND LAKE, SOUTH
CAROLINA.—
(1) IN GENERAL.—Upon execution of an agree-
ment under paragraph (4) and subject to the re-
quirements of this subsection, the Secretary shall
convey, without consideration, to the State of South
Carolina all right, title, and interest of the United
States to the lands described in paragraph (2) that
are managed, as of the date of enactment of this
Act, by the South Carolina Department of Natural
Resources for fish and wildlife mitigation purposes
in connection with the Richard B. Russell Dam and
Lake, South Carolina, project.
(2) DESCRIPTION.—
(A) IN
GENERAL.—Subject to subpara-
graph (B), the lands to be conveyed under
paragraph (1) are described in Exhibits A, F,
and H of Army Lease Number DACW21–1–
93–0910 and associated Supplemental Agree-
ments or are designated in red in Exhibit A of
183
Army License Number DACW21–3–85–1904;
except that all designated lands in the license
that are below elevation 346 feet mean sea level
or that are less than 300 feet measured hori-
zontally from the top of the power pool are ex-
cluded from the conveyance. Management of the
excluded lands shall continue in accordance
with the terms of Army License Number
DACW21–3–85–1904 until the Secretary and
the State enter into an agreement under para-
graph (4).
(B) SURVEY.—The exact acreage and legal
description of the lands to be conveyed under
paragraph (1) shall be determined by a survey
satisfactory to the Secretary, with the cost of
the survey to be paid by the State. The State
shall be responsible for all other costs, including
real estate transaction and environmental com-
pliance costs, associated with the conveyance.
(3) TERMS AND CONDITIONS.—
(A) MANAGEMENT OF LANDS.—All lands
that are conveyed under paragraph (1) shall be
retained in public ownership and shall be man-
aged in perpetuity for fish and wildlife mitiga-
tion purposes in accordance with a plan ap-
184
proved by the Secretary. If the lands are not
managed for such purposes in accordance with
the plan, title to the lands shall revert to the
United States. If the lands revert to the United
States under this subparagraph, the Secretary
shall manage the lands for such purposes.
(B) TERMS AND CONDITIONS.—The Sec-
retary may require such additional terms and
conditions in connection with the conveyance as
the Secretary considers appropriate to protect
the interests of the United States.
(4) PAYMENTS.—
(A) AGREEMENTS.—The Secretary is au-
thorized to pay to the State of South Carolina
not more than $4,850,000 if the Secretary and
the State enter into a binding agreement for
the State to manage for fish and wildlife miti-
gation purposes, in perpetuity, the lands con-
veyed under this subsection and the lands not
covered by the conveyance that are designated
in red in Exhibit A of Army License Number
DACW21–3–85–1904.
(B) TERMS AND CONDITIONS.—The agree-
ment shall specify the terms and conditions
under which the payment will be made and the
185
rights of, and remedies available to, the Federal
Government to recover all or a portion of the
payment in the event the State fails to manage
the lands in a manner satisfactory to the Sec-
retary.
(h) CHARLESTON, SOUTH
CAROLINA.—The Sec-
retary is authorized to convey the property of the Corps
of Engineers known as the ‘‘Equipment and Storage
Yard’’, located on Meeting Street in Charleston, South
Carolina, in as-is condition for fair-market value with all
proceeds from the conveyance to be applied by the Corps
of Engineers, Charleston District, to offset a portion of
the costs of moving or leasing (or both) an office facility
in the city of Charleston.
(i) CLARKSTON, WASHINGTON.—
(1) IN GENERAL.—The Secretary shall convey
to the Port of Clarkston, Washington, all right, title,
and interest of the United States in and to a portion
of the land described in Army Lease Number
DACW68–1–97–22, consisting of approximately 31
acres, the exact boundaries of which shall be deter-
mined by the Secretary and the Port of Clarkston.
(2) ADDITIONAL
LAND.—The Secretary may
convey to the Port of Clarkston, Washington, at fair
market value as determined by the Secretary, such
186
additional land located in the vicinity of Clarkston,
Washington, as the Secretary determines to be ex-
cess to the needs of the Columbia River Project and
appropriate for conveyance.
(3) TERMS AND CONDITIONS.—The conveyances
made under paragraphs (1) and (2) shall be subject
to such terms and conditions as the Secretary deter-
mines to be necessary to protect the interests of the
United States, including a requirement that the Port
of Clarkston pay all administrative costs associated
with the conveyances (including the cost of land sur-
veys and appraisals and costs associated with com-
pliance with applicable environmental laws, including
regulations).
(4) USE
OF
LAND.—The Port of Clarkston
shall be required to pay the fair market value, as de-
termined by the Secretary, of any land conveyed
pursuant to paragraph (1) that is not retained in
public ownership or is used for other than public
park or recreation purposes, except that the Sec-
retary shall have a right of reverter to reclaim pos-
session and title to any such land.
(j) LAND CONVEYANCE TO MATEWAN, WEST VIR-
GINIA.—
187
(1) IN GENERAL.—The United States shall con-
vey by quit claim deed to the Town of Matewan,
West Virginia, all right, title, and interest of the
United States in and to four parcels of land deemed
excess by the Secretary of the Army, acting through
the Chief of the U.S. Army Corps of Engineers, to
the structural project for flood control constructed
by the Corps of Engineers along the Tug Fork River
pursuant to section 202 of Public Law 96–367.
(2) PROPERTY DESCRIPTION.—The parcels of
land referred to in paragraph (1) are as follows:
(A) A certain parcel of land in the State
of West Virginia, Mingo County, Town of
Matewan, and being more particularly bounded
and described as follows:
Beginning at a point on the southerly
right-of-way line of a 40-foot-wide street
right-of-way (known as McCoy Alley), hav-
ing an approximate coordinate value of
N228,695, E1,662,397, in the line com-
mon to the land designated as U.S.A.
Tract No. 834, and the land designated as
U.S.A. Tract No. 837, said point being
South 51°52′ East 81.8 feet from an iron
pin and cap marked M–12 on the bound-
188
ary of the Matewan Area Structural
Project, on the north right-of-way line of
said street, at a corner common to des-
ignated U.S.A. Tracts Nos. 834 and 836;
thence, leaving the right-of-way of said
street, with the line common to the land of
said Tract No. 834, and the land of said
Tract No. 837.
South 14°37′ West 46 feet to the cor-
ner common to the land of said Tract No.
834, and the land of said Tract No. 837;
thence, leaving the land of said Tract No.
837, severing the lands of said Project.
South 14°37′ West 46 feet.
South 68°07′ East 239 feet.
North 26°05′ East 95 feet to a point
on the southerly right-of-way line of said
street; thence, with the right-of-way of said
street, continuing to sever the lands of said
Project.
South 63°55′ East 206 feet; thence,
leaving the right-of-way of said street, con-
tinuing to sever the lands of said Project.
South 26°16′ West 63 feet; thence,
with a curve to the left having a radius of
189
70 feet, a delta of 33°58′, an arc length of
41 feet, the chord bearing.
South 09°17′ West 41 feet; thence,
leaving said curve, continuing to sever the
lands of said Project.
South 07°42′ East 31 feet to a point
on the right-of-way line of the floodwall;
thence, with the right-of-way of said
floodwall, continuing to sever the lands of
said Project.
South 77°04′ West 71 feet.
North 77°10′ West 46 feet.
North 67°07′ West 254 feet.
North 67°54′ West 507 feet.
North 57°49′ West 66 feet to the
intersection of the right-of-way line of said
floodwall with the southerly right-of-way
line of said street; thence, leaving the
right-of-way of said floodwall and with the
southerly right-of-way of said street, con-
tinuing to sever the lands of said Project.
North 83°01′ East 171 feet.
North 89°42′ East 74 feet.
South 83°39′ East 168 feet.
South 83°38′ East 41 feet.
190
South 77°26′ East 28 feet to the
point of beginning, containing 2.59 acres,
more or less. The bearings and coordinate
used herein are referenced to the West Vir-
ginia State Plane Coordinate System,
South Zone.
(B) A certain parcel of land in the State
of West Virginia, Mingo County, Town of
Matewan, and being more particularly bounded
and described as follows:
Beginning at an iron pin and cap des-
ignated Corner No. M2–2 on the southerly
right-of-way line of the Norfolk and West-
ern Railroad, having an approximate co-
ordinate value of N228,755 E1,661,242,
and being at the intersection of the right-
of-way line of the floodwall with the bound-
ary of the Matewan Area Structural
Project; thence, leaving the right-of-way of
said floodwall and with said Project bound-
ary, and the southerly right-of-way of said
Railroad.
North 59°45′ East 34 feet.
North 69°50′ East 44 feet.
North 58°11′ East 79 feet.
191
North 66°13′ East 102 feet.
North 69°43′ East 98 feet.
North 77°39′ East 18 feet.
North 72°39′ East 13 feet to a point
at the intersection of said Project bound-
ary, and the southerly right-of-way of said
Railroad, with the westerly right-of-way
line of State Route 49/10; thence, leaving
said Project boundary, and the southerly
right-of-way of said Railroad, and with the
westerly right-of-way of said road.
South 03°21′ East 100 feet to a point
at the intersection of the westerly right-of-
way of said road with the right-of-way of
said floodwall; thence, leaving the right-of-
way of said road, and with the right-of-way
line of said floodwall.
South 79°30′ West 69 feet.
South 78°28′ West 222 feet.
South 80°11′ West 65 feet.
North 38°40′ West 14 feet to the
point of beginning, containing 0.53 acre,
more or less. The bearings and coordinate
used herein are referenced to the West Vir-
192
ginia State Plane Coordinate System,
South Zone.
(C) A certain parcel of land in the State
of West Virginia, Mingo County, Town of
Matewan, and being more particularly bounded
and described as follows:
Beginning at a point on the southerly
right-of-way line of the Norfolk and West-
ern Railroad, having an approximate co-
ordinate value of N228,936 E1,661,672,
and being at the intersection of the eas-
terly right-of-way line of State Route 49/
10 with the boundary of the Matewan Area
Structural Project; thence, leaving the
right-of-way of said road, and with said
Project boundary, and the southerly right-
of-way of said Railroad.
North 77°49′ East 89 feet to an iron
pin and cap designated as U.S.A. Corner
No. M–4.
North 79°30′ East 74 feet to an iron
pin and cap designated as U.S.A. Corner
No. M–5–1; thence, leaving the southerly
right-of-way of said Railroad, and con-
tinuing with the boundary of said Project.
193
South 06°33′ East 102 to an iron
pipe and cap designated U.S.A. Corner No.
M–6–1 on the northerly right-of-way line
of State Route 49/28; thence, leaving the
boundary of said Project, and with the
right-of-way of said road, severing the
lands of said Project.
North 80°59′ West 171 feet to a point
at the intersection of the Northerly right-
of-way line of said State Route 49/28 with
the easterly right-of-way line of said State
Route 49/10; thence, leaving the right-of-
way of said State Route 49/28 and with
the right-of-way of said State Route 49/10.
North 03°21′ West 42 feet to the
point of beginning, containing 0.27 acre,
more or less. The bearings and coordinate
used herein are referenced to the West Vir-
ginia State Plane Coordinate System,
South Zone.
(D) A certain parcel of land in the State
of West Virginia, Mingo County, Town of
Matewan, and being more particularly bounded
and described as follows:
194
Beginning at a point at the intersec-
tion of the easterly right-of-way line of
State Route 49/10 with the right-of-way
line of the floodwall, having an approxi-
mate 
coordinate 
value 
of 
N228,826
E1,661,679; thence, leaving the right-of-
way of said floodwall, and with the right-
of-way of said State Route 49/10.
North 03°21′ West 23 feet to a point
at the intersection of the easterly right-of-
way line of said State Route 49/10 with
the southerly right-of-way line of State
Route 49/28; thence, leaving the right-of-
way of said State Route 49/10 and with
the right-of-way of said State Route 49/28.
South 80°59′ East 168 feet.
North 82°28′ East 45 feet to an iron
pin and cap designated as U.S.A. Corner
No. M–8–1 on the boundary of the West-
ern Area Structural Project; thence, leav-
ing the right-of-way of said State Route
49/28, and with said Project boundary.
South 08°28′ East 88 feet to an iron
pin and cap designated as U.S.A. Corner
No. M–9–1 point on the northerly right-of-
195
way line of a street (known as McCoy
Alley); thence, leaving said Project bound-
ary and with the northerly right-of-way of
said street.
South 83°01′ West 38 feet to a point
on the right-of-way line of said floodwall;
thence, leaving the right-of-way of said
street, and with the right-of-way of said
floodwall.
North 57°49′ West 180 feet.
South 79°30′ West 34 feet to a point
of beginning, containing 0.24 acre, more or
less. The bearings and coordinate used
herein are referenced to the West Virginia
State Plane Coordinate System, South
Zone.
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
196
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,
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 WATER SUPPLY 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 by replacing the 8 spillway gates
and raising the dam and embankment by 6.5 feet or
the amount needed to achieve a 140-year level of
197
flood protection, whichever provides the greater level
of flood protection.
(2) DETERMINATION
OF
140-YEAR
LEVEL
OF
FLOOD
PROTECTION.—For the purposes of para-
graph (1), the 140-year level of flood protection shall
be determined in accordance with the hydrology ap-
proved by the Sacramento District of the United
States Army Corps of Engineers in its February 3,
1998, report entitled ‘‘American River, California,
Rain Flood Flow Frequency Analysis’’.
(3) LIMITATIONS.—The modifications to the
Folsom Dam and Reservoir under this section may
not increase the conservation storage of the Folsom
Reservoir.
(4) REPORT.—Not later than April 15, 2001,
the Secretary shall transmit to Congress a report on
the results of the study under this subsection.
(b) FOLSOM WATER SUPPLY STUDIES.—
(1) IN GENERAL.—Following the completion of
the study under subsection (a), the Secretary of the
Interior, in consultation with the Secretary of the
Army, the State of California, local water resources
agencies, local elected officials and interested organi-
zations, shall undertake a study of the opportunities
to increase the available water supply storage at Fol-
198
som Dam and Reservoir resulting from any flood
control modifications to Folsom Dam recommended
under subsection (a).
(2) FOCUS OF STUDY.—The study shall focus
on opportunities to increase water supply storage
that can be accomplished while at the same time
protecting private property and recreational values
at Folsom Reservoir.
(c) IMPLEMENTATION.—Upon completion of the
study undertaken pursuant to subsection (a), the Sec-
retary shall proceed with the implementation of the max-
imum amount of surcharge flood control storage which
meets the criteria identified in subsection (a) if the Sec-
retary determines that the project—
(1) is technically feasible, environmentally ac-
ceptable, and economically justified and in accord-
ance with the economic and environmental principles
and guidelines for water and land resources; and
(2) includes measures which, to the maximum
extent practicable, mitigate any adverse impacts to
private property and recreation at Folsom Reservoir.
(d) ROAD RELOCATIONS.—
(1) PLANNING AND DESIGN.—Upon enactment
of this Act, the Secretary shall undertake detailed
planning and design of alternative transportation
199
improvements, including a bridge downstream of
Folsom Dam, that comply with current transpor-
tation design criteria to replace the Folsom Dam
Road, which is currently on top of the embankment
at Folsom Dam.
(2) CONSTRUCTION.—Subsequent to the Sec-
retary’s determination to proceed with implementa-
tion of additional storage at Folsom Dam under sub-
section (a) and prior to construction of improve-
ments to Folsom Dam needed for such implementa-
tion, the Secretary, in consultation with the city of
Folsom and the Bureau of Reclamation, shall con-
struct the transportation improvements designed
under paragraph (1).
(3) COST SHARING.—The cost of planning, de-
sign, and construction of transportation improve-
ments under this subsection shall be treated as safe-
ty modifications and shall be subject to cost sharing
in accordance with section 1203 of the Water Re-
sources Development Act of 1986 (33 U.S.C. 467n).
All costs attributed to water and power users of the
Central Valley Project for such planning, design,
and construction shall be a Federal responsibility
and shall be nonreimbursable.
200
(4) SPECIAL RULE FOR COST-BENEFIT ANAL-
YSIS.—For purposes of evaluating the costs and ben-
efits of the transportation improvements authorized
by this subsection, the benefits of such improve-
ments shall be allocated to ensuring adequate safety
at Folsom Dam and shall be deemed to equal the
cost of such improvements.
SEC. 581. WATER RESOURCES DEVELOPMENT.
(a) PLACER COUNTY WATER AGENCY.—
(1) CONTRACT CLARIFICATION.—
(A) IN GENERAL.—The Secretary of the
Interior shall amend Contract No. 14–06–200–
5082A between the Bureau of Reclamation and
the Placer County Water Agency for the sole
purposes of—
(i) adding in accordance with Cali-
fornia State water law a point of diversion
on the Sacramento River for the diversion
of water pursuant to the contract;
(ii) modifying the contract to charge
the Placer County Water Agency only for
water actually delivered after December
31, 1997; and
(iii) reaffirming the obligation of the
Bureau of Reclamation to make available
201
to the Placer County Water Agency up to
117,000 acre-feet of water on the build-up
schedule set forth in such contract.
(B) DELIVERY OF WATER.—Upon amend-
ment of the contract under subparagraph (A),
the Secretary of the Interior shall deliver water
pursuant to the contract either from the Sac-
ramento River or from the American River with
the determination of which diversion or com-
bination of diversions to be utilized at any given
time or in any year to be made upon an oper-
ational determination based, first, on mini-
mizing any environmental harm associated with
the diversion of water under such contract and,
second, on reducing or moderating adverse ef-
fects on Central Valley Project contractors
below the Delta and shall, in addition, reduce to
insignificance the water supply impact, if any,
to water users in the Sacramento River water-
shed, including Central Valley Project contrac-
tors.
(C) LIMITATION.—The Secretary of the
Interior shall only deliver, pursuant to the con-
tract amended under subparagraph (A), in any
year, that amount of water actually needed by
202
Placer County Water Agency for use in its serv-
ice area after—
(i) considering all other sources of
water available to the Agency;
(ii) implementation of water conserva-
tion; and
(iii) to the extent feasible, implemen-
tation of programs to maximize conjunctive
use of surface and groundwater.
(D) COOPERATION.—The Secretary of the
Interior is further authorized to work coopera-
tively with other entities who operate water
storage facilities on the Sacramento and Amer-
ican Rivers and their tributaries to provide as
much of the water needed to be delivered under
the contract amended under subparagraph (A),
in any given year, through improved or modi-
fied voluntary operation and management of the
water storage facilities to assist in reducing,
moderating, or eliminating any adverse impacts
on water supply to other Central Valley Project
contractors.
(2) SACRAMENTO
RIVER
DIVERSION
INFRA-
STRUCTURE.—
203
(A) DESIGN
AND
CONSTRUCTION.—The
Secretary of the Interior shall design and con-
struct facilities, including fish screens, for—
(i) the diversion and transportation of
up to 117,000 acre-feet of Central Valley
Project, California, water set forth in Con-
tract No. 14–06–200–5082A from a loca-
tion suitable to the Placer County Water
Agency on the Sacramento River between
the mouths of the Feather and the Amer-
ican Rivers to a point in western Placer
County, California, not less than one mile
east of the western boundary of Placer
County, at a continuous rate of not less
than 100 cubic feet per second;
(ii) the treatment of not less than 65
million gallons of water per day for domes-
tic use; and
(iii) the storage of not less than 20
million gallons of water.
(B) CONVEYANCE.—Upon completion of
construction of facilities under this paragraph,
ownership of the facilities shall be conveyed to
the Placer County Water Agency, together with
an easement over any related Federal property
204
that provides the Agency the right to access all
such facilities and appurtenances for the pur-
poses of operation, maintenance, repair, recon-
struction or replacement or enlargement, in per-
petuity.
(3) AMERICAN RIVER PUMP STATION.—
(A) DESIGN
AND
CONSTRUCTION.—The
Secretary of the Interior shall design, construct,
and expand existing facilities or install new fa-
cilities to provide for a permanent diversion in-
take, pumping station, electric facilities, electric
transmission lines, water conveyance facilities
access roads, and all ancillary facilities nec-
essary to allow the Placer County Water Agen-
cy to divert and pump a total flow of not less
than 200 cubic feet per second from the Amer-
ican River into that Agency’s Auburn Ravine
Tunnel on a year-round basis.
(B) CONVEYANCE.—Upon completion of
construction of facilities under this paragraph,
ownership of the facilities shall be conveyed to
the Placer County Water Agency, together with
an easement over any related Federal property
that provides the Agency, the right to access all
of its pump station and tunnel facilities and ap-
205
purtenances for the purposes of operation,
maintenance, repair, reconstruction or replace-
ment enlargement and relocation, in perpetuity.
(4) MODIFICATIONS TO HELL HOLE DAM.—The
Secretary of the Interior shall design and construct
gates and other facilities at Hell Hole Dam and Res-
ervoir of the Placer County Water Agency in Placer
County, California, sufficient to enable the Agency
to operate this dam and reservoir to assist in the
provision of flood protection for the lands and inhab-
itants adjacent to the American River downstream
of Folsom Dam.
(5) COSTS.—The total costs of design and con-
struction under this subsection is $133,000,000,
with an estimated Federal cost of $86,450,000 and
an estimated non-Federal cost of $46,550,000.
(b) EL DORADO IRRIGATION DISTRICT.—
(1) FOLSOM LAKE DIVERSION.—
(A) CONTRACT.—The Secretary of the In-
terior shall enter into a municipal and indus-
trial water supply contract with the El Dorado
Irrigation District, to provide not to exceed
35,000 acre-feet of water annually, for the pur-
pose of diverting water from Folsom Lake or
206
exchange water upstream on the American
River or its tributaries.
(B) COOPERATION.—The Secretary of the
Interior shall work cooperatively with the city of
Sacramento, the Sacramento Municipal Utility
District, and other entities who operate facili-
ties on the American River or elsewhere within
the Central Valley Project area to provide all or
part of the 35,000 acre-feet of water annually
under subpargraph (A) through improved or
modified voluntary operation and management
of existing water storage and conveyance facili-
ties on the American River or elsewhere within
the Central Valley Project area, or through par-
ticipation in feasible groundwater banking pro-
grams that may be available, in order to reduce
or moderate adverse impacts to other Central
Valley Project contractors.
(C) 
LIMITATION
ON
DELIVERY
OF
WATER.—The Secretary of the Interior shall
only deliver water pursuant to the contract en-
tered into under this paragraph, in any year,
that amount of water actually needed by the El
Dorado Irrigation District and Georgetown Di-
vide Public Utility District in their respective
207
service area to be determined after considering
all other sources of water available to the dis-
tricts for this purpose, including the full utiliza-
tion of all other water entitlements and the im-
plementation of water conservation.
(D) 
ADDITIONAL
AUTHORITY.—The
35,000 acre-feet of water to be provided under
the contract entered into under this paragraph
is in addition to the 15,000 acre-foot first phase
contracting authorized under section 206(b)(1)
of the Energy and Water Development Appro-
priations Act, 1991 (104 Stat. 2087–2088).
The 15,000 acre feet of water provided for in
such section may be consolidated into one con-
tract with the contract to provide 35,000 acre-
feet of water authorized under this paragraph.
(2) WARREN ACT CONTRACT.—Notwithstanding
the provisions of section 3404(a) of the Reclamation
Projects Authorization and Adjustment Act of 1992
(106 Stat. 4708), the Secretary of the Interior shall
enter into contracts under the Act of February 21,
1911, commonly known as the ‘‘Warren Act’’ (43
U.S.C. 523 et seq.; 36 Stat. 925), with the El Do-
rado Irrigation District or the El Dorado County
Water Agency for the storage and conveyance of
208
qualities of water that such districts, together or
independently, may obtain pursuant to permit or li-
cense from the State of California.
(3) IMPROVEMENTS TO FOLSOM LAKE DIVER-
SION INFRASTRUCTURE.—The Secretary of the Inte-
rior shall design and construct facilities needed to
retrofit the El Dorado County Irrigation District’s
current Folsom Lake diversion infrastructure in
order to provide for the diversion, treatment, pump-
ing and conveyance of not to exceed 50,000 acre-feet
of water annually as authorized by paragraph (1) of
this subsection and section 206(b)(1) of the Energy
and Water Development Appropriations Act, 1991
(104 Stat. 2087–2088).
(4) COSTS.—The total costs of design and con-
struction under paragraph (3) is $21,561,500, with
an estimated Federal cost of $14,014,975 and an es-
timated non-Federal cost of $7,546,525.
(c) GEORGETOWN DIVIDE PUBLIC UTILITY DIS-
TRICT.—
(1) AMERICAN
RIVER
DIVERSION
PROJECT.—
The Secretary of the Interior shall design and con-
struct facilities necessary to provide for the diver-
sion, transportation, treatment, and storage of not
less than 25 cubic feet per second and 7,500 acre-
209
feet annually from the American River for the
Georgetown Divide Public Utility District to obtain
benefit of the Energy and Water Development Ap-
propriations Act, 1991. Such facilities shall be pro-
vided through an expansion of the capacity of the
Placer County Water Agency American River Pump
Station facilities identified in subsection (a)(3) of
this section.
(2) LAND TRANSFER.—The Secretary of the In-
terior shall grant to the Georgetown Divide Pubic
Utility District real property rights sufficient to en-
able the Utility District to implement paragraph (1).
(3) COSTS.—The total costs of design and con-
struction under this subsection is $10,000,000, with
an estimated Federal cost of $6,500,000 and an es-
timated non-Federal cost of $3,500,000.
(d) SAN JUAN WATER DISTRICT.—The Secretary of
the Interior shall provide, subject to advance appropria-
tions, $1,950,000 to the San Juan Water District to fund
65 percent of the costs to study and identify alternatives
that would optimize conjunctive use opportunities within
Placer and Sacramento Counties, California, and to imple-
ment a pilot project necessary to analyze the technical and
administrative processes identified through such a study.
(e) FOLSOM RESERVOIR DIVERSIONS.—
210
(1) IMPROVEMENTS TO FOLSOM LAKE DIVER-
SION INFRASTRUCTURE.—The Secretary of the Inte-
rior shall design and construct improvements to fa-
cilities at Folsom Dam needed to divert, pump, and
transport additional water from Folsom Reservoir to
the city of Roseville, the San Juan Water District,
the city of Folsom, and the Placer County Water
Agency, including expansion of the Industrial Pump
Station.
(2) COSTS.—The total costs of design and con-
struction under this subsection is $5,000,000, with
an estimated Federal cost of $3,250,000 and an es-
timated non-Federal cost of $1,750,000.
(f) SAN JOAQUIN COUNTY.—
(1) WET YEAR WATER DIVERSIONS.—
(A) IN GENERAL.—The Secretary of the
Interior shall contract with San Joaquin Coun-
ty, California, or any water agency or agencies
within San Joaquin County, for diversion of
water at the American River Nimbus diversion
facility and the wheeling of water through the
Folsom-South Canal for the purpose of assist-
ing in the development of recharge projects
within the East San Joaquin County Recharge
Project; except that the quantity of water di-
211
verted and conveyed by and through these fa-
cilities shall—
(i) be granted through a water rights
permit or license issued by the State of
California Water Resources Control Board;
(ii) be not greater than 500 cubic feet
per second;
(iii) be utilized solely as part of a con-
junctive use program to assist in alle-
viating groundwater overdraft in the east-
ern San Joaquin County groundwater
basin in which water is only diverted to un-
derground storage in years of water sur-
plus; and
(iv) be restricted to water that is—
(I) determined by the Secretary
of the Interior to be nonstorable or
necessary to be released for flood con-
trol; and
(II) determined by the State of
California Water Resources Control
Board to be in excess of the rights
and needs of other legal users of
water from the American River, in-
212
cluding Central Valley Project and
State Water Project contractors.
(B) LIMITATIONS.—The conveyance of
water through the facilities referred to in sub-
paragraph (A) shall not reduce the quantity of
water otherwise available to the Central Valley
Project and State Water Project. Water di-
verted by and through such facilities shall not
result in any adverse affect on obligations of
the Secretary of the Interior to meet instream
flows and water quality requirements on the
lower American River or the Delta. No water
subject to this provision shall be utilized to the
benefit of areas, agencies, or facilities outside of
San Joaquin or Sacramento Counties, Cali-
fornia.
(2) AUTHORIZATION OF PROJECT LOAN.—
(A) IN
GENERAL.—In consultation with
local officials, the Secretary of the Interior shall
make available a 40-year Federal loan with no
interest in the amount of $100,000,000 to the
appropriate agency or agencies within San Joa-
quin County, California, for purposes of car-
rying out all work required to complete the
213
project known as the East San Joaquin County
Recharge Project.
(B) LIMITATION.—No money authorized to
be appropriated to carry out this paragraph
shall be made available until such time as San
Joaquin County, California, shall have perfected
water rights permits or licenses from the Cali-
fornia State Water Resources Control Board
sufficient to carry out the purposes of the East
San Joaquin County Recharge Project.
(g) SOUTH SACRAMENTO COUNTY.—The Secretary
of the Interior shall make available 35,000 acre feet of
water for diversion from the American River through the
Folsom South Canal for South Sacramento County agri-
culture and water users (including the Clay Water Dis-
trict, Galt Irrigation District, and Omochumne-Hartnell
Water District). Such diversion shall occur in years when
the March through November unimpaired flow into Fol-
som Reservoir is greater than 1,600,000 acre feet as speci-
fied in the document entitled ‘‘Water Forum Action Plan’’,
dated January 1999.
(h) WATER RESOURCE GRANTS.—
(1) MITIGATION
FOR
DIVERSIONS.—The Sec-
retary of the Interior shall provide, through grants
or other cooperative agreements to one or more of
214
the Placer County Water Agency, El Dorado Irriga-
tion District, El Dorado County Water Agency,
Georgetown Divide Public Utility District, city of
Roseville, city of Folsom, San Juan Water District
and its wholesale suppliers, the County of Sac-
ramento, and other agencies located north of the
confluence of the American and Sacramento Rivers
that divert or use water from the Sacramento River
and its tributaries, funds for the purpose of imple-
menting projects on the American River and tribu-
taries (or, where appropriate, on other rivers that
are or can be operationally integrated with the
American River) which will provide water supply
benefits to municipal jurisdictions and operational
and management flexibility within these areas of ori-
gin in a manner that reduces, moderates, or elimi-
nates the adverse impacts of diversions provided for
in or facilitated by this section on the Central Valley
Project.
(2) AUTHORIZATION
OF
APPROPRIATIONS.—
There is authorized to be appropriated to carry out
this subsection $30,000,000.
(i) IMPLEMENTATION REQUIREMENTS.—
(1) COST EFFECTIVENESS FINDING.—The Sec-
retary of the Interior shall carry out an activity
215
under this section only if the Secretary of the Inte-
rior determines that the activity is cost effective.
(2) 
ENVIRONMENTAL
COMPLIANCE.—Before
implementation of any activity under this section,
the Secretary of the Interior shall comply with the
provisions of the National Environmental Policy Act
of 1969, if applicable, with respect to such activity
by preparing a joint environmental impact statement
and environmental impact report under the Cali-
fornia Environmental Quality Act. The baseline for
evaluating both direct and cumulative impacts of
such activity shall consider the area of origin prior-
ities granted to interests within Placer, El Dorado,
and Sacramento Counties, California.
(3) USE OF FUNDS.—The Secretary of the In-
terior may use funds appropriated to carry out this
section for the implementation of this subsection.
(j) GRANTS AND REIMBURSEMENTS.—
(1) GRANTS.—The Federal share of the costs of
any activity under this section may be provided in
the form of grants to the non-Federal interest or di-
rect reimbursements to the non-Federal interest of
such costs.
(2) 
ADVANCE
CONSTRUCTION
REIMBURSE-
MENT.—Subject to the availability of appropriations,
216
the Secretary of the Interior may reimburse any
non-Federal interest an amount equal to the esti-
mate of the Federal share, without interest, of the
cost of any work (including work associated with
studies, planning, design, and construction) carried
out by a non-Federal interest otherwise made eligi-
ble for non-Federal assistance under this section.
Reimbursements for construction work by a non-
Federal interest on an eligible project in this section
may be made only—
(A) if, before initiation of construction of
the project, the Secretary of the Interior ap-
proves the plans for construction of such
project by the non-Federal interest;
(B) if, after a review of studies and design
documents prepared pursuant to this section,
the Secretary of the Interior finds that con-
struction of the project meets the requirements
in subsection (i); and
(C) if the Secretary of the Interior deter-
mines that the work for which reimbursement is
requested has been performed in accordance
with applicable permits and approved plans.
(k) NONREIMBURSEMENT
OF FEDERAL COSTS.—
Notwithstanding any provision of Federal reclamation
217
laws (including the Act of June 17, 1902 (32 Stat. 388),
and all Acts amendatory thereof or supplemental thereto),
the Federal share of funds authorized and appropriated
to implement this section shall be considered a non-
reimbursable Federal expenditure.
(l) OTHER WATER SUPPLY STUDIES.—
(1) INCREASED WATER SUPPLY THROUGH AL-
TERATION OF RESERVOIR OPERATION.—
(A) IN GENERAL.—The Secretary of the
Interior shall contract with the State of Cali-
fornia to undertake a study to determine oppor-
tunities to increase the available water supply
by altering the operation of the reservoirs and
related facilities located on rivers that drain
into the Sacramento and San Joaquin Valleys
owned by the Federal Government, the State of
California, local governments, and private par-
ties.
(B) PROTECTION OF PROPERTY RIGHTS.—
The study shall be based on the protection of
existing property rights, recreational values, en-
vironmental values, and operational and con-
tractual constraints and obligations.
218
(C) ASSUMPTION.—The study shall as-
sume only voluntary reoperation of the facili-
ties.
(D) LIMITATION.—The completion of the
study shall not be a basis to delay or impact the
operation, relicensing, or transfer of ownership
of any reservoir, water project, or hydroelectric
facility.
(E) FUNDING.—There is authorized to be
appropriated to carry out this paragraph
$3,000,000.
(2) INCREASED
WATER
SUPPLY
STORAGE
AT
RESERVOIRS DRAINING INTO CALIFORNIA CENTRAL
VALLEY.—
(A) IN GENERAL.—The Secretary of the
Interior shall undertake a study of the opportu-
nities to increase available water supply storage
at the Sites/Colusa Reservoir Project area, Cot-
tonwood Creek Reservoir Complex area, Yuba
River Dam area, and other potential reservoir
sites that drain into the California Central Val-
ley.
(B) PROTECTION OF PROPERTY RIGHTS.—
The study shall be based on the protection of
existing property rights and recreational values.
219
(C) COOPERATION.—The study shall be
completed in cooperation with other related
studies.
(D) FUNDING.—There is authorized to be
appropriated to carry out this paragraph
$3,000,000.
(m) AMERICAN
RIVER
CONTRACT
ADMINISTRA-
TION.—
(1) IN GENERAL.—In order to reduce or mod-
erate adverse impacts to other Central Valley
Project contractors resulting from new contracts
with a point of delivery on the American River, the
Secretary of the Interior shall administer Central
Valley Project water contracts on the American
River, at any given time or in any year, in coopera-
tion with the city of Sacramento, the Sacramento
Municipal Utility District, or other entities that op-
erate facilities on the American River or elsewhere
in the Central Valley Project area to provide Amer-
ican River water deliveries through improved or
modified voluntary operation and management of ex-
isting water storage and conveyance facilities, in-
cluding water transfers, on the American River or
elsewhere in the Central Valley Project area, or
220
through participation in feasible groundwater bank-
ing programs that may be available.
(2) LIMITATION ON DELIVERY OF WATER.—The
Secretary of the Interior shall only deliver water
pursuant to any contracts with a point of delivery on
the American River, in any year, that the Central
Valley Project water is actually needed by American
River Central Valley Project contractors in the re-
spective service areas of such contractors after con-
sidering all other sources of water available to such
contractors, including the full utilization of all other
water entitlements and the implementation of water
conservation by any such contractor, and only in the
amount actually needed.
SEC. 582. ALLOCATION OF APPROPRIATIONS
(a) EIS AND PLANNING STAGE.—Except as provided
in subsection (e), funds appropriated to carry out sections
580 and 581 of this Act for each of fiscal years 2000,
2001, 2002, and 2003 shall be allocated according to the
ratio of 60 percent for section 580 and 40 percent for sec-
tion 581.
(b) INTENSE
FLOOD
CONTROL
CONSTRUCTION
PHASE.—Except as provided in subsection (e), funds ap-
propriated to carry out sections 580 and 581 of this Act
for each of fiscal years 2004, 2005, and 2006 shall be
221
allocated according to the ratio of 90 percent for section
580 and 10 percent for section 581.
(c) FLOOD CONTROL/WATER SUPPLY TRANSITIONAL
PHASE.—Except as provided in subsection (e), funds ap-
propriated to carry out sections 580 and 581 of this Act
for each of fiscal years 2007, 2008, 2009, and 2010 shall
be allocated according to the ratio of 75 percent for sec-
tion 580 and 25 percent for section 581.
(d) PROJECT COMPLETION PHASE.—For each fiscal
year following fiscal year 2010, funds appropriated to
carry out sections 580 and 581 of this Act shall be allo-
cated according to a ratio of 25 percent for section 580
and 75 percent for section 581. In the event that design
and construction activities under section 580 or 581 have
been completed, all funds appropriated to carry out such
sections shall be allocated to the remaining design and
construction activities authorized under such section.
(e) LIMITATION.—The allocation of appropriations
required under subsections (a) through (d) shall not take
effect for any fiscal year during which funds appropriated
to carry out section 580 or 581 may not be obligated due
to the failure to successfully complete any required feasi-
bility studies or environmental reviews or the refusal or
inability of a non-Federal interest to enter into a binding
222
local agreement to carry out the items of local cooperation
required pursuant to such section.
SEC. 583. 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 shall 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.
Æ