I
106TH CONGRESS
2D SESSION
H. R. 4411
To provide for the conservation and development of water and related re-
sources, to authorize the Secretary of the Army to construct various
projects for improvements to rivers and harbors of the United States,
and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 9, 2000
Mr. SHUSTER (for himself, Mr. OBERSTAR, Mr. BOEHLERT, and Mr. BORSKI)
(all by request) introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure
A BILL
To provide for the conservation and development of water
and related resources, to authorize the Secretary of the
Army to construct various projects for improvements to
rivers and harbors of the United States, and for other
purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Water Resources Development Act of 2000’’.
(b) TABLE OF CONTENTS.—
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Comprehensive Everglades Restoration Plan.
Sec. 4. Watershed and river basin assessments.
Sec. 5. Brownfields Revitalization Program.
Sec. 6. Tribal Partnership Program.
Sec. 7. Ability to pay.
Sec. 8. Property Protection Program.
Sec. 9. National Recreation Reservation Service.
Sec. 10. Operation and maintenance of hydroelectric facilities.
Sec. 11. Interagency and international support.
Sec. 12. Reburial and transfer authority.
Sec. 13. Amendment to Rivers and Harbors Act.
Sec. 14. Structural flood control cost-sharing.
Sec. 15. CALFED Bay Delta Program assistance.
Sec. 16. Project de-authorizations.
Sec. 17. Floodplain management requirements.
Sec. 18. Study of transfer of project lands.
Sec. 19. Puget Sound and adjacent waters restoration.
SEC. 2. DEFINITION OF SECRETARY.
In this Act, the term ‘‘Secretary’’ means the Sec-
retary of the Army.
SEC. 
3. 
COMPREHENSIVE 
EVERGLADES 
RESTORATION
PLAN.
(a) DEFINITIONS.—In this section, the following defi-
nitions apply:
(1) 
CENTRAL
AND
SOUTHERN
FLORIDA
PROJECT.—The term ‘‘Central and Southern Florida
Project’’ means the project for Central and Southern
Florida authorized under the heading ‘‘CENTRAL
AND SOUTHERN FLORIDA’’ in section 203 of
the Flood Control Act of 1948 (62 Stat. 1176), any
modification to the project authorized by law, or
modified by the Comprehensive Everglades Restora-
tion Plan.
(2) SOUTH
FLORIDA
ECOSYSTEM.—The term
‘‘South Florida ecosystem’’ means the area con-
sisting of the lands and waters within the boundary,
existing on July 1, 1999, of the South Florida
Water Management District, including the Ever-
glades ecosystem, the Florida Keys, Biscayne Bay,
Florida Bay, and other contiguous near-shore coast-
al waters of South Florida.
(3) COMPREHENSIVE
EVERGLADES
RESTORA-
TION PLAN.—The term ‘‘Comprehensive Everglades
Restoration Plan’’ means the plan contained in the
‘‘Final Feasibility Report and Programmatic Envi-
ronmental Impact Statement’’, April 1999, as trans-
mitted to the Congress by the July 1, 1999, letter
of the Assistant Secretary of the Army for Civil
Works pursuant to section 528 of the Water Re-
sources Development Act of 1996 (110 Stat 3767).
(4) NATURAL SYSTEM.—The term ‘‘natural sys-
tem’’ means all federally or State-managed lands
and waters within the South Florida ecosystem, in-
cluding the water conservation areas, Everglades
National Park, Big Cypress National Preserve, and
other federally or State-designated conservation
lands, and other lands that create or contribute to
habitat supporting native flora and fauna.
(b) FINDINGS.—The Congress finds that:
(1) The Everglades is an American treasure. In
its natural state, the South Florida ecosystem was
connected by the flow of fresh water from the Kis-
simmee River to Lake Okeechobee—south through
vast freshwater marshes known as the Everglades—
to Florida Bay, and on to the coral reefs of the
Florida Keys. The South Florida ecosystem covers
approximately 18,000 square miles and once in-
cluded a unique and biologically productive region,
supporting vast colonies of wading birds, a mixture
of temperate and tropical plant and animal species,
and teeming coastal fisheries and North America’s
only barrier coral reef. The South Florida ecosystem
is endangered as a result of adverse changes in the
quantity, distribution, and timing of flows and deg-
radation of water quality. The Everglades alone has
been reduced in size by approximately 50 percent.
Restoration of this nationally and internationally
recognized ecosystem, including America’s Ever-
glades is in the Nation’s interest.
(2) The Central and Southern Florida Project
plays an important role in the economy of south
Florida by providing flood protection and water sup-
ply to agriculture and the residents of south Florida
and providing water to the water conservation areas,
Everglades National Park and other natural areas
for the purpose of preserving fish and wildlife re-
sources. The population of the region is expected to
continue to grow, further straining the ability of the
existing Central and Southern Florida Project to
meet the needs of the natural system and the people
of south Florida.
(3) Modifications to the Central and Southern
Florida Project are needed to restore, preserve, and
protect the South Florida ecosystem, including the
Everglades, while continuing to provide for the water
related needs of the region, including flood protec-
tion and other objectives served by the Project.
(4) The Comprehensive Everglades Restoration
Plan is scientifically and economically sound plan
that modifies the Central and Southern Florida
Project to restore, preserve and protect the South
Florida ecosystem. By storing most of the water cur-
rently discharged to the Atlantic Ocean and Gulf of
Mexico, ensuring the quality of water discharged
into the South Florida ecosystem from project fea-
tures, and removing internal levees and canals in the
Everglades, the Comprehensive Everglades Restora-
tion Plan provides the roadmap for the recovery of
a healthy, sustainable ecosystem as well as providing
for the other water-related needs of the region, in-
cluding flood protection, the enhancement of water
supplies, and other objectives served by the Central
and Southern Florida Project.
(5) The comprehensive, system-wide nature of
the Comprehensive Everglades Restoration Plan and
the linkage of the elements of the plan to each other
must be preserved not only during the over 25-year
period that will be necessary for its implementation,
but for as long as the project remains authorized.
Implementation must proceed in a programmatic
manner using the principles of adaptive assessment
as outlined in the Comprehensive Everglades Res-
toration Plan.
(6) The Comprehensive Everglades Restoration
Plan contains a number of components that will ben-
efit Everglades National Park, Biscayne National
Park, Florida Keys National Marine Sanctuary, Big
Cypress National Preserve, Ten Thousand Islands
National Wildlife Refuge, and Loxahatchee National
Wildlife Refuge by significantly improving the quan-
tity, quality, timing, and distribution of water deliv-
ered to these Federal areas. Improved water deliv-
eries will also provide benefits to federally-listed
threatened and endangered species.
(7) The Congress, the Federal Government, and
the State of Florida have, in prior legislation, recog-
nized the need to restore, preserve, and protect the
South Florida ecosystem. These on-going efforts are
important to the success of the Comprehensive Ever-
glades Restoration Plan. Since the creation of the
South Florida Ecosystem Restoration Task Force in
1993, the Federal Government has been working in
partnership with tribal, State, and local govern-
ments, the private sector, and individual citizens to
accomplish restoration of the South Florida eco-
system. It is important for the long-term restoration
of this ecosystem that these efforts, including the
South Florida Ecosystem Restoration Task Force,
be continued and strengthened. The State with its
financial responsibilities for project implementation
and capabilities in the planning, design, construc-
tion, and operation of the Comprehensive Everglades
Restoration Plan, must be a full partner with the
Federal Government.
(c) COMPREHENSIVE EVERGLADES RESTORATION
PLANS.—
(1) IN
GENERAL.—Congress hereby approves
the Comprehensive Everglades Restoration Plan to
modify the Central and Southern Florida Project to
restore, preserve, and protect the South Florida eco-
system. These changes are necessary in order to en-
sure that the Central and Southern Florida Project
as amended provides for the improvement and pro-
tection of water quality in, and the reduction of the
loss of fresh water from, the South Florida eco-
system, as well as providing for the water related
needs of the region, including flood protection, the
enhancement of water supplies, and other objectives
served by the Central and Southern Florida Project.
(2) SPECIFIC AUTHORIZATIONS.—
(A) IN GENERAL—Those projects included
in the Comprehensive Everglades Restoration
Plan and specified in paragraphs (B) and (C)
are authorized to be carried out by the Sec-
retary substantially in accordance with the
plans, and subject to the conditions described in
the Central and Southern Florida Project: Com-
prehensive Review Study Report of the Chief of
Engineers dated June 22, 1999.
(B) PILOT PROJECTS.—The following pilot
projects are authorized for implementation,
after review and approval by the Secretary, at
a total cost of $69,000,000, with an estimated
Federal cost of $34,500,000 and an estimated
non-Federal cost of $34,500,000:
(i) 
Caloosahatchee 
River 
(C–43)
Basin ASR ($6,000,000);
(ii) Lake Belt In-Ground Reservoir
Technology ($23,000,000);
(iii) L–31N Seepage Management
($10,000,000); and,
(iv) Wastewater Reuse Technology
($30,000,000).
(C) OTHER
PROJECTS.—The following
projects are authorized at a total cost of
$1,100,918,000, with an estimated Federal cost
of $550,459,000 and an estimated non-Federal
cost of $550,459,000. Prior to implementation
of projects (1) through (10), the Secretary shall
review and approve a Project Implementation
Report prepared in accordance with subsection
(g).
(i) C–44 Basin Storage Reservoir
($112,562,000);
(ii) 
Everglades 
Agricultural 
Area
Storage 
Reservoirs—Phase 
I
($233,408,000);
(iii) 
Site 
Impoundment
($38,535,000);
(iv) Water Conservation Areas 3A/3B
Levee 
Seepage 
Management
($100,335,000);
(v) 
C–11 
Impoundment 
and
Stormwater 
Treatment 
Area
($124,837,000);
(vi) 
C–9 
Impoundment 
and
Stormwater 
Treatment 
Area
($89,146,000);
(vii) Taylor Creek/Nubbin Slough
Storage 
and 
Treatment 
Area
($104,027,000);
(viii) Raise and Bridge East Portion
of Tamiami Trail and Fill Miami Canal
within 
Water 
Conservation 
Area 
($26,946,000);
(ix) North New River Improvements
($77,087,000);
(x) 
C–111 
Spreader 
Canal
($94,035,000); and
(xi) Adaptive Assessment and Moni-
toring Program (10 years) ($100,000,000).
(d) ADDITIONAL PROGRAM AUTHORITY.—In order to
expedite implementation of the Comprehensive Everglades
Restoration Plan, the Secretary is authorized to imple-
ment modifications to the Central and Southern Florida
Project that are consistent with the Comprehensive Ever-
glades Restoration Plan and that will produce independent
and substantial restoration, preservation, or protection
benefits to the South Florida ecosystem; provided that the
total Federal cost of each project accomplished under this
authority shall not exceed $35,000,000; and provided fur-
ther that the total Federal cost of all the projects accom-
plished 
under 
this 
authority 
shall 
not 
exceed
$250,000,000. Prior to implementation of any project au-
thorized under this subsection, the Secretary shall review
and approve a Project Implementation Report prepared in
accordance with subsection (g).
(e) AUTHORIZATION
OF FUTURE PROJECT FEA-
TURES.—Except for those projects authorized in sub-
sections (c) and (d), all future projects included in the
Comprehensive Everglades Restoration Plan shall require
a specific authorization of Congress. Prior to authoriza-
tion, the Secretary shall transmit such projects to Con-
gress along with a Project Implementation Report pre-
pared in accordance with subsection (g). Further, such
projects, if authorized, shall be implemented pursuant to
subsection (i) of this section.
(f) COST SHARING.—
(1) IN GENERAL.—The non-Federal share of
the cost of implementing projects authorized under
subsections (c), (d), and (e) shall be 50 percent. The
non-Federal sponsor shall be responsible for all
lands, easements, rights-of-way, and relocations and
shall be afforded credit toward the non-Federal
share in accordance with paragraph (3)(A). The
non-Federal sponsor may accept Federal funding for
the purchase of the necessary lands, easements,
rights-of-way or relocations, provided that such as-
sistance is credited toward the Federal share of the
cost of the project.
(2) OPERATION AND MAINTENANCE.—Notwith-
standing section 528(e)(3) of the Water Resources
Development Act of 1996, the non-Federal sponsor
shall be responsible for 60 percent of the operation,
maintenance, repair, replacement, and rehabilitation
cost of activities authorized under this section.
(3) CREDIT AND REIMBURSEMENT.—
(A) LANDS.—Regardless of the date of ac-
quisition, the value of lands or interests in land
acquired by non-Federal interests for any activ-
ity required in this section shall be included in
the total cost of the activity and credited
against the non-Federal share of the cost of the
activity. Such value shall be determined by the
Secretary.
(B) WORK.—The Secretary may provide
credit, including in-kind credit, to or reimburse
the non-Federal project sponsor for the reason-
able cost of any work performed in connection
with a study or activity necessary for the imple-
mentation of the Comprehensive Everglades
Restoration Plan if the Secretary determines
that the work is necessary and the credit or re-
imbursement is granted for work completed
during the period of design or implementation
pursuant to an agreement between the Sec-
retary and the non-Federal sponsor that pre-
scribes the terms and conditions of the credit
or reimbursement.
(C) AUDITS.—Credit or reimbursement for
land or work granted under this subsection
shall be subject to audit by the Secretary.
(g) EVALUATION OF PROJECT FEATURES.—
(1) IN GENERAL.—Prior to implementation of
project 
features 
authorized 
in 
subsection
(c)(2)(C)(1) through (c)(2)(C)(10) and subsection
(d), the Secretary, in cooperation with the non-Fed-
eral sponsor, shall, after notice and opportunity for
public comment, complete Project Implementation
Reports to address the project(s) cost effectiveness,
engineering feasibility, and potential environmental
impacts, including National Environmental Policy
Act compliance. The Secretary shall coordinate with
appropriate Federal, tribal, state and local govern-
ments during the development of such reports and
shall identify any additional water that will be made
available for the natural system, existing legal users,
and other water related needs of the region. Fur-
ther, such reports shall ensure that each project fea-
ture is consistent with the programmatic regulations
issued pursuant to subsection (i).
(2) 
PROJECT
JUSTIFICATION.—Notwith-
standing section 209 of the Flood Control Act of
1970 (42 U.S.C. 1962–2) or any other provision of
law regarding economic justification, in carrying out
activities authorized in accordance with subsections
(c), (d), and (e), the Secretary may determine that
activities are justified by the environmental benefits
derived by the South Florida ecosystem in general
and the Everglades and Florida Bay in particular,
and shall not need further economic justification if
the Secretary determines that the activities are cost
effective.
(h) SOCIALLY AND ECONOMICALLY DISADVANTAGED
INDIVIDUALS.—
(1) IN
GENERAL.—Socially and economically
disadvantaged individuals and communities make up
a large portion of the South Florida ecosystem and
have legitimate interests in the implementation of
the Comprehensive Everglades Restoration Plan.
Further, such groups have not, in some cases, been
given the opportunity to understand and participate
fully in the development of water resources projects.
As provided in this subsection, the Secretary shall
ensure that impacts on socially and economically dis-
advantaged individuals are considered during the im-
plementation of the Comprehensive Everglades Res-
toration Plan and that such individuals have oppor-
tunities to review and comment on its implementa-
tion.
(2) DEFINITIONS.—In this subsection, the fol-
lowing definitions apply:
(A) SMALL
BUSINESS
CONCERN.—The
term ‘‘small business concern’’ has the meaning
such term has under section 3 of the Small
Business Act (15 U.S.C. 632).
(B) SOCIALLY
AND
ECONOMICALLY
DIS-
ADVANTAGED
INDIVIDUALS.—The term ‘‘so-
cially and economically disadvantaged individ-
uals’’ has the meaning such term has under
section 8(d) of the Small Business Act (15
U.S.C. 637(d)) and relevant subcontracting reg-
ulations promulgated pursuant thereto.
(3) PROGRAM
FOR
SOCIALLY
AND
ECONOMI-
CALLY
DISADVANTAGED
INDIVIDUALS.—The Sec-
retary shall establish a program to ensure that so-
cially and economically disadvantaged individuals
within the South Florida ecosystem are informed of
the Comprehensive Everglades Restoration Plan,
given the opportunity to review and comment on
each project feature, provided opportunities to par-
ticipate as a small business concern contractor, and
given opportunities for employment or internships in
emerging industry sectors.
(4) CONTRACTS TO BUSINESSES OWNED BY SO-
CIALLY AND ECONOMICALLY DISADVANTAGED INDI-
VIDUALS.—The Secretary shall establish a goal that
not less than 10 percent of the amounts made avail-
able for construction of projects authorized pursuant
to subsections (c), (d), and (e), shall be expended
with small business concerns owned and controlled
by socially and economically disadvantaged individ-
uals within the South Florida ecosystem.
(i) ASSURING PROJECT BENEFITS.—
(1) IN
GENERAL.—The primary and over-
arching purpose of the Comprehensive Everglades
Restoration Plan is to restore, preserve and protect
the natural system within the South Florida eco-
system. The Comprehensive Everglades Restoration
Plan shall be implemented to ensure the protection
of water quality in, the reduction of the loss of fresh
water from, and the improvement of the environ-
ment of the South Florida ecosystem, while pro-
viding for other water-related needs of the region,
including water supply and flood protection. The
Central and Southern Florida Project, as amended
by the Comprehensive Everglades Restoration Plan,
shall be implemented in a manner that ensures that
the benefits to the natural system and the human
environment, including the proper quantity, quality,
timing and distribution of water, are achieved and
maintained for as long as the Central and Southern
Florida Project remains authorized. When imple-
mented fully, the approximately 68 features of the
Comprehensive Everglades Restoration Plan will re-
sult in modifications to the existing Central and
Southern Florida Project works that shall provide
the water necessary to restore, preserve and protect
the natural system while providing for other water
related needs of the region. The Secretary shall en-
sure that both the natural system and the human
environment receive the benefits intended when such
modifications to the Central and Southern Florida
project are made pursuant to the Comprehensive Ev-
erglades Restoration Plan and previous Acts of Con-
gress.
(2) 
DEDICATION
AND
MANAGEMENT
OF
WATER.—
(A) IN
GENERAL.—Consistent with sub-
section (i)(2)(B), the Secretary shall dedicate
and manage the water made available from the
Central and Southern Florida Project features
authorized, constructed, and operated in accord-
ance with previous Acts of Congress and this
Act authorizing the implementation of features
of the Comprehensive Everglades Restoration
Plan, for the temporal and spatial needs of the
natural system. The needs of the natural sys-
tem and the human environment shall be de-
fined in terms of quality, quantity, timing and
distribution of water. In developing the regula-
tions that provide for the dedication and man-
agement of water for the natural system in ac-
cordance with this subsection, the Secretary
shall incorporate rainfall driven operational cri-
teria and annual fluctuations in rainfall.
(B) PROGRAMMATIC
REGULATIONS.—The
Secretary shall, after notice and opportunity for
public comment and with the concurrence of the
Secretary of the Interior, and in consultation
with the Secretary of Commerce, the Adminis-
trator of the Environmental Protection Agency
and the Governor of the State of Florida, issue
programmatic 
regulations 
identifying 
the
amount of water to be dedicated and managed
for the natural system from the Central and
Southern Florida Project features authorized,
constructed, and operated in accordance with
previous acts of Congress and this Act through
the implementation of the Comprehensive Ever-
glades Restoration Plan features. Such regula-
tions shall be completed within two years of the
date of enactment of this Act. These regula-
tions shall ensure that the natural system and
the human environment receive the benefits in-
tended, including benefits for the restoration,
preservation, and protection of the natural sys-
tem, as the Comprehensive Everglades Restora-
tion Plan is implemented and incorporated into
the Central and Southern Florida Project for as
long as the project remains authorized. Nothing
in this Act shall prevent the State of Florida
from reserving water for environmental uses
under the 1972 Florida Water Resources Act to
the extent consistent with this section.
(C) PROJECT
SPECIFIC
REGULATIONS.—
The Secretary, after notice and opportunity for
public comment, and in consultation with the
Secretary of the Interior, Secretary of Com-
merce, the Administrator of the Environmental
Protection Agency, other Federal agencies, and
the State of Florida shall develop project fea-
ture specific regulations to ensure that the ben-
efits anticipated from each feature of the Com-
prehensive Everglades Restoration Plan are
achieved and maintained as long as the project
remains authorized. Each such regulation shall
be consistent with the programmatic regulations
issued pursuant to subsection (i)(2)(B), be
based on the best available science, and ensure
that the quantity, quality, timing, and distribu-
tion of water for the natural system and the
human environment anticipated in the Com-
prehensive Plan for each project feature is
achieved and maintained.
(3) EXISTING WATER USES.—The Secretary shall
ensure that the implementation of the Comprehen-
sive Everglades Restoration Plan, including physical
or operational modifications to the Central and
Southern Florida Project, does not cause substantial
adverse impacts on existing legal water uses, includ-
ing annual water deliveries to Everglades National
Park, water for the preservation of fish and wildlife
in the natural system, and other legal uses as of the
date of enactment of this Act. The Secretary shall
not eliminate existing legal sources of water supply,
including those for agricultural water supply, water
for Everglades National Park and the preservation
of fish and wildlife, until new sources of water sup-
ply of comparable quantity and quality are available
to replace the water to be lost from existing sources.
Existing authorized levels of flood protection will be
maintained.
(j) REPORT TO CONGRESS.—Beginning on October 1,
2005, and periodically thereafter until October 1, 2036,
the Secretary and the Secretary of the Department of the
Interior, in consultation with the Environmental Protec-
tion Agency, the Department of Commerce and the State
of Florida, shall jointly submit to Congress a report on
the implementation of the Comprehensive Everglades Res-
toration Plan. Such reports shall be completed no less
than every five years. Such reports shall include a descrip-
tion of planning, design, and construction work completed,
the amount of funds expended during the period covered
by the report, and the work anticipated over the next five-
year period. In addition, each report shall include the de-
termination of each Secretary, and the Administrator of
the Environmental Protection Agency, concerning the ben-
efits to the natural system and the human environment
achieved as of the date of the report and whether the com-
pleted features of the Comprehensive Everglades Restora-
tion Plan are being operated in a manner that is con-
sistent with the programmatic regulations established
under subsection (i)(2)(B).
SEC. 4. WATERSHED AND RIVER BASIN ASSESSMENTS.
Section 729 of Public Law 99–662 (100 Stat. 4164)
is amended by—
(1) striking ‘‘STUDY OF WATER RE-
SOURCES NEEDS OF RIVER BASINS AND
REGIONS.’’ and all that follows, and
(2) inserting in lieu thereof:
‘‘WATERSHED AND RIVER BASIN ASSESSMENTS.
‘‘(a) IN GENERAL.—The Secretary is authorized to
assess the water resources needs of river basins and water-
sheds of the United States. Such assessments shall be un-
dertaken in cooperation and coordination with the Depart-
ments of the Interior, Agriculture and Commerce, the En-
vironmental Protection Agency, and other appropriate
agencies, and may include an evaluation of ecosystem pro-
tection and restoration, flood damage reduction, naviga-
tion and port needs, watershed protection, water supply,
and drought preparedness.
‘‘(b) CONSULTATION.—The Secretary shall consult
with Federal, tribal, State, interstate, and local govern-
mental entities in carrying out the assessments authorized
by this section. In conducting such assessments, the Sec-
retary may accept contributions of services, materials,
supplies and cash from Federal, tribal, State, interstate,
and local governmental entities where the Secretary deter-
mines that such contributions will facilitate completion of
the assessments.
‘‘(c) COST SHARING REQUIREMENTS.—The non-Fed-
eral share of the cost of an assessment conducted under
this section shall be 25 percent of the cost of such assess-
ment. The non-Federal sponsor may provide the non-Fed-
eral cost-sharing requirement through the provision cash
or services, materials, supplies, or other in-kind services.
In no event shall such credit exceed the non-Federal re-
quirement share of costs for the assessment.
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There
is authorized to be appropriated to carry out this section
$15,000,000.’’.
SEC. 5. BROWNFIELDS REVITALIZATION PROGRAM.
(a) GENERAL.—The Secretary shall, in consultation
with the Environmental Protection Agency and other ap-
propriate agencies, carry out a program to provide assist-
ance to non-Federal interests in the remediation and res-
toration of abandoned or idled industrial and commercial
sites where such assistance will improve the quality, con-
servation, and sustainable use of the Nation’s streams, riv-
ers, lakes, wetlands, and floodplains. Assistance may be
in the form of site characterizations, planning, design, and
construction projects. To the maximum extent practicable,
projects implemented by the Secretary under this section
will be done in cooperation and coordination with other
Federal, tribal, State, and local efforts to maximize re-
sources available for the remediation, restoration, and re-
development of brownfield sites.
(b) 
JUSTIFICATION
FOR
ASSISTANCE.—
Nothwithstanding any economic justification provision or
requirement of section 209 of the Flood Control Act of
1970 (42 U.S.C. 1962–2) or economic justification provi-
sion of any other law, the Secretary may determine that
the assistance projects authorized by subsection (a)—
(1) is justified by the public health and safety,
and environmental benefits; and
(2) shall not need further economic justification
if the Secretary determines that the assistance is
cost effective.
(c) COST SHARING.—
(1) IN GENERAL.—Prior to implementing any
assistance project under this section, the Secretary
shall enter into a binding agreement with the non-
Federal interest, which shall require the non-Federal
interest to: (a) pay 50 percent of the total costs of
the assistance project; (b) acquire and place in pub-
lic ownership for so long as is necessary to imple-
ment and complete the assistance project any lands,
easements, right-of-way, and relocations necessary
for implementation and completion of the assistance
project; (c) pay 100 percent of any operation, main-
tenance, repair, replacement, and rehabilitation costs
associated with the assistance project; and (d) hold
and save harmless the United States free from
claims or damages due to implementation of the as-
sistance project, except for the negligence of the
Government or its contractors.
(2) CREDIT.—The non-Federal interest shall
receive credit for the value of any lands, easements,
rights-of-way, and relocations provided for imple-
mentation and completion of such assistance project.
The Secretary also may afford credit to a non-Fed-
eral interest for services, studies, supplies, and other
in-kind consideration where the Secretary deter-
mines that such services, studies, supplies, and other
in-kind consideration will facilitate completion of the
assistance project. In no event shall such credit ex-
ceed the 50 percent non-Federal cost-sharing re-
quirement.
(d) APPLICABILITY OF OTHER FEDERAL AND STATE
LAWS.—Nothing in this section shall be construed as
waiving, limiting, or otherwise affecting the applicability
of any provision of Federal or State law.
(e) PROJECT COST LIMITATION.—Not more than
$5,000,000 in Army Civil Works Appropriations funds
may be allotted under this section at any single site.
(d) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out this section
$25,000,000 for each fiscal year from 2002 through 2005.
(g) PROGRAM EVALUATION.—Not later than Decem-
ber 31, 2005, the Secretary shall submit to the Committee
on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and
Public Works of the Senate a report that discusses the
program’s performance objectives and evaluates its effec-
tiveness in achieving them, along with any recommenda-
tions concerning continuation of the program.
SEC. 6. TRIBAL PARTNERSHIP PROGRAM.
(a) IN GENERAL.—The Secretary is authorized, in
cooperation with federally recognized Indian tribes and
other Federal agencies, to study and determine the feasi-
bility of implementing water resources development
projects that will substantially benefit Indian tribes, and
are located primarily within Indian country, as defined in
18 U.S.C. 1151, or in proximity to Alaska Native villages.
Studies conducted under this authority may address, but
are not limited to, projects for flood damage reduction,
environmental restoration and protection, and preserva-
tion of cultural and natural resources.
(b) CONSULTATION AND COORDINATION.—The Sec-
retary shall consult with the Secretary of the Interior on
studies conducted under this section in recognition of the
unique role of the Secretary of the Interior regarding trust
responsibilities with Indian tribes, and in recognition of
mutual trust responsibilities. The Secretary shall integrate
Army Civil Works activities with activities of the Depart-
ment of the Interior to avoid conflicts, duplications of ef-
fort, or unanticipated adverse effects to Indian tribes, and
shall consider existing authorities and programs of the De-
partment of the Interior and other Federal agencies in any
recommendations regarding implementation of project
studied under this section.
(c) ABILITY TO PAY.—Any cost-sharing agreement
for a study under this section shall be subject to the ability
of a non-Federal interest to pay. The ability of any non-
Federal interest to pay shall be determined by the Sec-
retary in accordance with procedures established by the
Secretary.
(d) CREDITS.—For such studies conducted under this
section, the Secretary may afford credit to the tribe for
services, studies, supplies, and other in-kind consideration
where the Secretary determines that such services, studies,
supplies, and other in-kind consideration will facilitate
completion of the project. In no event shall such credit
exceed the tribe’s required share of costs for the study.
(e) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out subsection (a)
of this section $5,000,000 for each fiscal year, for fiscal
years 2002 through 2006. Not more than $1,000,000 in
Army Civil Works appropriations may be allotted under
this section for any one tribe.
(f) DEFINITION.—For the purposes of this section
the term ‘‘Indian tribe’’ means any tribe, band, nation,
or other organized group or community of Indians, includ-
ing any Alaska Native village (as defined in, or established
pursuant to, the Alaska Native Claims Settlement Act (43
U.S.C.A. § 1601 et seq.) which is recognized as eligible
for the special programs and services provided by the
United States to Indians because of their status as Indi-
ans.
SEC. 7. ABILITY TO PAY.
Section 103(m) of Public Law 99–662 (33 U.S.C.
2213(m), as amended) is amended by:
(1) deleting subsection (1) in its entirety and
inserting in lieu thereof the following language:
‘‘(1) IN
GENERAL.—Any cost-sharing agree-
ment under this section for a feasibility study or for
construction of an environmental protection and res-
toration or flood control project, or for construction
of an agricultural water supply project, shall be sub-
ject to the ability of a non-Federal interest to pay.’’;
(2) deleting subsection (2) in its entirety and
inserting in lieu thereof the following language:
‘‘(2) CRITERIA AND PROCEDURES.—The ability
of a non-Federal interest to pay shall be determined
by the Secretary in accordance with criteria and pro-
cedures in effect on the day before the date of the
enactment of the Water Resources Development Act
of 2000; except that such criteria and procedures
shall be revised, and new criteria and procedures be
developed, within 18 months after such date of en-
actment to reflect the requirements of paragraph (3)
of section 202(b) of the Water Resources Develop-
ment Act of 1996 (110 STAT. 3674).’’;
(3) adding the word ‘‘and’’ at the end of sub-
section (3)(A)(ii);
(4) deleting subsection (3)(B) in its entirety;
and
(5) deleting subsection (3)(C) in its entirety
and inserting in lieu thereof the following language:
‘‘(B) may consider additional criteria relat-
ing to the non-Federal interest’s financial abil-
ity to carry out its cost-sharing responsibilities,
or relating to additional assistance that may be
available from other Federal or State sources.’’.
SEC. 8. PROPERTY PROTECTION PROGRAM.
(a) IN GENERAL.—The Secretary is authorized to im-
plement a program to reduce vandalism and destruction
of property at water resources development projects under
the jurisdiction of the Department of the Army. In car-
rying out the program the Secretary may provide rewards
to individuals who provide information or evidence leading
to the arrest and prosecution of individuals causing dam-
age to Federal property, including the payment of cash
rewards.
(b) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated $500,000 annually to carry
out this section.
SEC. 9. NATIONAL RECREATION RESERVATION SERVICE.
Notwithstanding section 611 of the Omnibus Consoli-
dated and Emergency Supplemental Appropriations Act,
1999 Public Law 105–277), the Secretary may participate
in the National Recreation Reservation Service on an
interagency basis and-fund the Department of the Army’s
share of those activities required for implementing, oper-
ating, and maintaining the Service.
SEC. 10. OPERATION AND MAINTENANCE OF HYDRO-
ELECTRIC FACILITIES.
Section 314 of Public Law 101–640 (33 U.S.C. 2321)
is amended by inserting the following language imme-
diately after the phrase ‘‘commercial activities’’: ‘‘Where
such activities require specialized training related to hy-
droelectric power generation. These activities would be
subject to the labor standards provisions in the Service
Contract Act, 41, U.S.C. 351, and to the extent applicable,
the Davis-Bacon Act, 40 U.S.C., Sections 276(a)–7.’’.
SEC. 11. INTERAGENCY AND INTERNATIONAL SUPPORT.
Section 234 of Public Law 104–303 (33 U.S.C. 2323a)
is amended—
(1) in subsection (d) by deleting ‘‘1,000,000’’
and inserting ‘‘$2,000,000’’.
SEC. 12. REBURIAL AND TRANSFER AUTHORITY.
(a) IN GENERAL.—
(1) REBURIAL.—The Secretary is authorized, in
consultation with the appropriate Indian tribes, to
identify and set aside areas at civil works projects
managed by the Secretary that may be used to
reinter Native American remains that have been dis-
covered on project lands, and which have been right-
fully claimed by a lineal descendant or Indian tribe
in accordance with applicable Federal law. The Sec-
retary, in consultation and in consent with the lineal
descendant or the respective Indian tribe, is author-
ized to recover and rebury the remains at such sites
at full Federal expense.
(2) TRANSFER
AUTHORITY.—Notwithstanding
any provision of law, the Secretary is authorized to
transfer to the Indian tribe the land identified by
the Secretary in subsection (1) for use as a ceme-
tery. The Secretary shall retain any necessary
rights-of-way, easements, or other property interests
that the Secretary of the Army determines is nec-
essary to carry out the authorized project purpose.
(b) DEFINITION.—For the purposes of this section
the term ‘‘Indian tribe’’ means any tribe, band, nation,
or other organized group or community of Indians, includ-
ing any Alaska Native village (as defined in, or established
pursuant to, the Alaska Native Claims Settlement Act (43
U.S.C.A. § 1601 et seq.)) which is recognized as eligible
for the special programs and services provided by the
United States to Indians because of their status as Indi-
ans.
SEC. 13. AMENDMENT TO RIVERS AND HARBORS ACT.
Section 33 U.S.C. 401 is amended by adding the fol-
lowing language at the end of the last sentence: ‘‘The ap-
proval required by this section of the location and plans,
or any modification of plans, for any dam or dike, applies
only to any dam or dike that would completely span a wa-
terway currently used to transport interstate or foreign
commerce, in a manner that actual, existing interstate or
foreign commerce could be adversely affected. Any other
dam or dike proposed to be built in any other navigable
water of the United States shall be regulated as a struc-
ture under 33 U.S.C. 403, and shall not require approval
under this section.’’.
SEC. 14. STRUCTURAL FLOOD CONTROL COST-SHARING.
(a) Section 103(a) of the Water Resources Develop-
ment Act of 1986 (100 Stat. 4084–4085) is amended by—
(1) striking ‘‘35’’ whenever it appears in para-
graph (2) and inserting ‘‘50’’ in lieu thereof;
(2) deleting the word ‘‘MINIMUM’’ in para-
graph (2);
(3) adding the following language to paragraph
(2) immediately after the last sentence in that para-
graph: ‘‘The non-Federal share under paragraph (1)
shall not exceed 50 percent of the cost of the project
assigned to flood control. The preceding sentence
does not modify the requirement of paragraph
(1)(A) of this subsection.’’; and
(4) deleting paragraph (3) and (4) in their en-
tirety.’’.
(b) APPLICABILITY.—The amendment made by this
section shall apply to any project or separable element
thereof with respect to which the Secretary and the non-
Federal interest have not entered into a project coopera-
tion agreement on or before the date of enactment of this
Act.
SEC. 15. CALFED BAY-DELTA PROGRAM ASSISTANCE.
(a) IN GENERAL.—The Secretary is authorized to
participate with the appropriate Federal and State agen-
cies in the planning and management activities associated
with the CALFED Bay Delta Program, and shall, to the
maximum extent practicable and in accordance with all
applicable laws, integrate the activities of the Army Corps
of Engineers in the San Joaquin and Sacramento River
basins with the long-term goals of the CALFED Bay
Delta Program.
(b) COOPERATIVE ACTIVITIES.—In participating in
the CALFED Bay Delta Program as provided for in sub-
section (a) of this section, the Secretary is authorized to
accept and expend funds from other Federal agencies and
from non-Federal public, private and non-profit entities
to carry out ecosystem restoration projects and activities
associated with the CALFED Bay Delta Program and
may enter into contracts, cooperative research and devel-
opment agreements, and cooperative agreements with
Federal and non-Federal private, public, and non-profit
entities in carrying out these projects and activities.
(c) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to the Department of the
Army to carry out activities under this section $5,000,000
for fiscal years from 2002 through 2005.
(d) DEFINITION.—For purposes of this section, the
area covered by the CALFED Bay Delta Program is de-
fined as the San Francisco Bay, Sacramento-San Joaquin
Delta Estuary and its watershed (Bay-Delta Estuary) as
identified in the Framework Agreement Between the Gov-
ernor’s Water Policy Council of the State of California and
the Federal Ecosystem Directorate (Club Fed).
SEC. 16. PROJECT DE–AUTHORIZATIONS.
Section 33 U.S.C. 579a is deleted in its entirety and
the following language inserted in lieu thereof:
‘‘PROJECT DE–AUTHORIZATIONS.
(a) PROJECTS NEVER UNDER CONSTRUCTION.—
(1) The Secretary shall transmit annually to
Congress a list of projects and separable elements of
projects that have been authorized for construction,
but for which no appropriations have been obligated
for construction of the project or separable element
during the four consecutive fiscal years preceding
the transmittal of such list.
(2) Any water resources project authorized for
construction, and any separable element of such a
project, shall be de-authorized after the last day of
the 7-year period beginning on the date of the
project or separable element’s most recent authoriza-
tion or reauthorization unless funds have been obli-
gated for construction of the project or separable
element.
(b) PROJECTS WHERE CONSTRUCTION HAS BEEN
SUSPENDED.—
(1) The Secretary shall transmit annually to
Congress a list of projects and separable elements of
projects that have been authorized for construction,
and for which funds have been obligated in the past
for construction of the project or separable element,
but for which no appropriations have been obligated
for construction of the project or separable element
during the two consecutive fiscal years preceding the
transmittal of such list.
(2) Any water resources project, and any sepa-
rable element of such a project, for which funds have
been obligated in the past for construction of the
project or separable element, shall be de-authorized
if appropriations specifically identified for construc-
tion of the project or separable element (either in