167
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 located
in the State of New Jersey.
(b) SCOPE OF RESEARCH.—The research program au-
thorized by subsection (a) shall be accomplished through the
New York District. The research shall specifically include
the following:
(1) Identification of key factors in urbanized wa-
tersheds that are under development and impact peak
flows in the watersheds and downsteam of the water-
sheds.
(2) Development of peak flow management mod-
els for 4 to 6 watersheds in urbanized areas located
with widely differing geology, areas, shapes, and soil
types that can be used to determine optimal flow re-
duction factors for individual watersheds.
(3) Utilization of such management models to
determine relationships between flow and reduction
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.
168
(4) Development and validation of an inexpen-
sive accurate model to establish flood reduction factors
based on runoff curve numbers, change in impervious-
ness, the shape of the basin, and other pertinent fac-
tors.
(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 author-
ized 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.
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.’’
169
SEC. 573. COASTAL AQUATIC HABITAT MANAGEMENT.
(a) IN GENERAL.—The Secretary may cooperate with
the Secretaries of Agriculture and the Interior, the Adminis-
trators of the Environmental Protection Agency and the Na-
tional Oceanic and Atmospheric Administration, other ap-
propriate Federal, State, and local agencies, and affected
private entities, in the development of a management strat-
egy to address problems associated with toxic microorga-
nisms and the resulting degradation of ecosystems 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 implementation of nonregula-
tory measures to mitigate environmental problems and re-
store 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-Federal
share of operation and maintenance costs for projects con-
structed 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
170
$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 account
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 administra-
tive 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 retained by the Secretary and
shall be available for expenditure by the Secretary in ac-
cordance 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 withheld
pursuant to subsection (a) and available for expenditure
may only be used for backlogged repair and maintenance
projects (including projects relating to public health and
safety) and for interpretation, signage, habitat or facility
enhancement, resource preservation, annual operation and
maintenance, and law enforcement related to public use.
(c) APPLICABILITY.—The Secretary shall implement
the authority under this section and evaluate the feasibility
171
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 sec-
tion, the Secretary should seek to achieve geographic diver-
sity. One of the projects and facilities selected shall be the
Mississippi River Headwaters Recreation Areas, Min-
nesota.
(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 recommenda-
tions 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 pro-
vide technical, planning, and design assistance to Federal
and non-Federal interests for carrying out projects to ad-
dress water quality problems caused by drainage and re-
lated activities from abandoned and inactive noncoal
mines.
(b) SPECIFIC MEASURES.—Assistance provided under
subsection (a) may be in support of projects for the fol-
lowing purposes:
(1) Management of drainage from abandoned
and inactive noncoal mines.
172
(2) Restoration and protection of streams, rivers,
wetlands, other waterbodies, and riparian areas de-
graded by drainage from abandoned and inactive
noncoal mines.
(3) Demonstration of management practices and
innovative and alternative treatment technologies to
minimize or eliminate adverse environmental effects
associated with drainage from abandoned and inac-
tive noncoal mines.
(c) NON-FEDERAL SHARE.—The non-Federal share of
the cost of assistance under subsection (a) shall be 50 per-
cent; 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 construed
as affecting the authority of the Secretary of the Interior
under title IV of the Surface Mining Control and Reclama-
tion 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 de-
velop, manage, and maintain a database of conventional
and innovative, cost-effective technologies for reclamation of
abandoned and inactive noncoal mine sites. Such assistance
173
shall be provided through the rehabilitation of abandoned
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 con-
duct pilot projects to encourage the beneficial use of waste
tire rubber, including crumb rubber, recycled from tires.
Such beneficial use may include marine pilings, under-
water framing, floating docks with built-in flotation, utility
poles, and other uses associated with transportation and in-
frastructure projects receiving Federal funds. The Secretary
shall, when appropriate, encourage the use of waste tire rub-
ber, including crumb rubber, in such federally funded
projects.
(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, Research,
and Sanctuaries Act of 1972 (33 U.S.C. 1412(c)(4)) is
174
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 paragraphs
(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 Sec-
retary shall convey all right, title, and interest in the
land described in paragraph (2)(B) to Holnam Inc.
(2) DESCRIPTION OF LANDS.—The lands referred
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 Govern-
ment Tract Number FM–9 and all of Govern-
ment Tract Numbers FM–11, FM–10, FM–12,
FM–13, and FM–16, owned and administered by
the Holnam Inc.
(B) FEDERAL LAND.—152.61 acres situated
in Pike County, Missouri, known as Government
Tract Numbers FM–17 and a portion of FM–18,
administered by the Corps of Engineers.
175
(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 nec-
essary to allow the United States to operate
and maintain the Mississippi River 9-Foot
Navigation Project.
(ii) NON-FEDERAL LAND.—The convey-
ance of the land described in paragraph
(2)(A) to the Secretary shall be by a war-
ranty deed acceptable to the Secretary.
(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 im-
provements on the land described in paragraph
(2)(A). In either case, Holnam Inc. shall hold the
United States harmless from liability, and the
United States shall not incur cost associated
176
with the removal or relocation of any such im-
provements.
(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 de-
scribed in paragraph (2). The legal description
shall be used in the instruments of conveyance 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, of
the land conveyed to Holnam Inc. by the Secretary
under paragraph (1) exceeds the appraised fair mar-
ket 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.
177
(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 (in-
cluding a corporation) that conveyed, or a de-
scendant of a deceased individual who conveyed,
land to the Corps of Engineers for use in the
Candy Lake project in Osage County, Oklahoma.
(2) LAND CONVEYANCES.—
(A) IN GENERAL.—The Secretary shall con-
vey, 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-
178
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 de-
scended, shall file an application to
purchase the land with the Secretary
not later than 180 days after the offi-
cial date of notice to the previous
owner of land under paragraph (3).
(II) FIRST
TO
FILE
HAS
FIRST
OPTION.—If more than 1 application
is filed to purchase a parcel of land de-
scribed 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
179
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 sub-
paragraph (A) for which an application to pur-
chase the land has not been filed under subpara-
graph (B)(ii) within the applicable time period
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.
(3) NOTICE.—
(A) IN
GENERAL.—The Secretary shall
notify—
(i) each person identified as a previous
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.
180
(B) CONTENTS OF NOTICE.—Notice under
this paragraph shall include—
(i) a copy of this subsection;
(ii) information sufficient to separately
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
(ii) the date of publication of the notice
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 In-
dustrial Authority, Oklahoma, the property described
in paragraph (2).
(2) DESCRIPTION.—The property to be conveyed
under paragraph (1) is—
181
(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 quar-
ter 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
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 COUN-
TY, OKLAHOMA.—
182
(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 Marshall
County, Oklahoma, and included in the Lake Texoma
(Denison Dam), Oklahoma and Texas, project con-
sisting of approximately 1,580 acres and leased to the
State of Oklahoma for public park and recreation
purposes.
(2) CONSIDERATION.—Consideration for the con-
veyance under paragraph (1) shall be the fair market
value of the real property, as determined by the Sec-
retary. All costs associated with the conveyance under
paragraph (1) shall be paid by the State of Okla-
homa.
(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 mak-
ing the conveyance under paragraph (1), the Sec-
retary shall—
(A) conduct an environmental baseline sur-
vey to determine if there are levels of contamina-
tion for which the United States would be re-
183
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 considers
necessary and appropriate to protect the interests of
the United States, including reservation by the
United States of a flowage easement over all 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 Association,
Oklahoma, all right, title, and interest of the United
State in and to the land described in paragraph (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-
198
Area Structural Project; thence, leaving 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-
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 here-
in are referenced to the West Virginia State
Plane Coordinate System, South Zone.
SEC. 579. NAMINGS.
(a) FRANCIS BLAND FLOODWAY DITCH, ARKANSAS.—
210
north of the confluence of the American and Sac-
ramento Rivers that divert or use water from the Sac-
ramento River and its tributaries, funds for the pur-
pose of implementing projects on the American River
and tributaries (or, where appropriate, on other riv-
ers 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.
(2) FEDERAL SHARE.—The Federal of the costs
of any activity carried out under a grant or agree-
ment made under this subsection shall be 65 percent.
(3) AUTHORIZATION
OF
APPROPRIATIONS.—
There is authorized to be appropriated to carry out
this subsection $10,000,000.
(h) 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,
the Secretary may reimburse any non-Federal interest