--S.2796--
S.2796
One Hundred Sixth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the twenty-fourth day of January, two thousand
An Act
To provide for the conservation and development of water and related
resources, to authorize the Secretary of the Army to construct various projects
for improvements to rivers and harbors of the United States, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE- This Act may be cited as the `Water Resources Development
Act of 2000'.
Sec. 1. Short title; table of contents.
Sec. 2. Definition of Secretary.
TITLE I--WATER RESOURCES PROJECTS
Sec. 101. Project authorizations.
Sec. 102. Small projects for flood damage reduction.
Sec. 103. Small projects for emergency streambank protection.
Sec. 104. Small projects for navigation.
Sec. 105. Small projects for improvement of the quality of the
environment.
Sec. 106. Small projects for aquatic ecosystem restoration.
Sec. 107. Small projects for shoreline protection.
Sec. 108. Small projects for snagging and sediment removal.
Sec. 109. Small project for mitigation of shore damage.
Sec. 110. Beneficial uses of dredged material.
Sec. 111. Disposal of dredged material on beaches.
Sec. 112. Petaluma River, Petaluma, California.
TITLE II--GENERAL PROVISIONS
Sec. 201. Cooperation agreements with counties.
Sec. 202. Watershed and river basin assessments.
Sec. 203. Tribal partnership program.
Sec. 204. Ability to pay.
Sec. 205. Property protection program.
Sec. 206. National recreation reservation service.
Sec. 207. Interagency and international support authority.
Sec. 208. Reburial and conveyance authority.
Sec. 209. Floodplain management requirements.
Sec. 210. Nonprofit entities.
Sec. 211. Performance of specialized or technical services.
Sec. 212. Hydroelectric power project funding.
Sec. 213. Assistance programs.
Sec. 214. Funding to process permits.
Sec. 215. Dredged material marketing and recycling.
Sec. 216. National academy of sciences study.
Sec. 217. Rehabilitation of Federal flood control levees.
Sec. 218. Maximum program expenditures for small flood control
projects.
Sec. 219. Engineering consulting services.
Sec. 220. Beach recreation.
Sec. 221. Design-build contracting.
Sec. 222. Enhanced public participation.
Sec. 224. Fish and wildlife mitigation.
Sec. 225. Feasibility studies and planning, engineering, and
design.
Sec. 226. Administrative costs of land conveyances.
Sec. 227. Flood mitigation and riverine restoration.
TITLE III--PROJECT-RELATED PROVISIONS
Sec. 301. Tennessee-Tombigbee Waterway Wildlife Mitigation Project,
Alabama and Mississippi.
Sec. 302. Nogales Wash and tributaries, Nogales, Arizona.
Sec. 303. Boydsville, Arkansas.
Sec. 304. White River Basin, Arkansas and Missouri.
Sec. 305. Sacramento Deep Water Ship Channel, California.
Sec. 306. Delaware River Mainstem and Channel Deepening, Delaware, New
Jersey, and Pennsylvania.
Sec. 307. Rehoboth Beach and Dewey Beach, Delaware.
Sec. 308. Fernandina Harbor, Florida.
Sec. 309. Gasparilla and Estero Islands, Florida.
Sec. 310. East Saint Louis and vicinity, Illinois.
Sec. 311. Kaskaskia River, Kaskaskia, Illinois.
Sec. 312. Waukegan Harbor, Illinois.
Sec. 313. Upper Des Plaines River and tributaries, Illinois.
Sec. 314. Cumberland, Kentucky.
Sec. 315. Atchafalaya Basin, Louisiana.
Sec. 316. Red River Waterway, Louisiana.
Sec. 317. Thomaston Harbor, Georges River, Maine.
Sec. 318. Poplar Island, Maryland.
Sec. 319. William Jennings Randolph Lake, Maryland.
Sec. 320. Breckenridge, Minnesota.
Sec. 321. Duluth Harbor, Minnesota.
Sec. 322. Little Falls, Minnesota.
Sec. 323. New Madrid County, Missouri.
Sec. 324. Pemiscot County Harbor, Missouri.
Sec. 325. Fort Peck fish hatchery, Montana.
Sec. 326. Sagamore Creek, New Hampshire.
Sec. 327. Passaic River basin flood management, New Jersey.
Sec. 328. Times Beach Nature Preserve, Buffalo, New York.
Sec. 329. Rockaway Inlet to Norton Point, New York.
Sec. 330. Garrison Dam, North Dakota.
Sec. 331. Duck Creek, Ohio.
Sec. 332. John Day Pool, Oregon and Washington.
Sec. 333. Fox Point hurricane barrier, Providence, Rhode Island.
Sec. 334. Nonconnah Creek, Tennessee and Mississippi.
Sec. 335. San Antonio Channel, San Antonio, Texas.
Sec. 336. Buchanan and Dickenson Counties, Virginia.
Sec. 337. Buchanan, Dickenson, and Russell Counties, Virginia.
Sec. 338. Sandbridge Beach, Virginia Beach, Virginia.
Sec. 339. Mount St. Helens, Washington.
Sec. 340. Lower Mud River, Milton, West Virginia.
Sec. 341. Fox River System, Wisconsin.
Sec. 342. Chesapeake Bay oyster restoration.
Sec. 343. Great Lakes dredging levels adjustment.
Sec. 344. Great Lakes remedial action plans and sediment
remediation.
Sec. 345. Treatment of dredged material from Long Island Sound.
Sec. 346. Declaration of nonnavigability for Lake Erie, New York.
Sec. 347. Project deauthorizations.
Sec. 348. Land conveyances.
Sec. 349. Project reauthorizations.
Sec. 350. Continuation of project authorizations.
Sec. 351. Water quality projects.
TITLE IV--STUDIES
Sec. 401. Studies of completed projects.
Sec. 402. Lower Mississippi River resource assessment.
Sec. 403. Upper Mississippi River basin sediment and nutrient
study.
Sec. 404. Upper Mississippi River comprehensive plan.
Sec. 405. Ohio River system.
Sec. 406. Baldwin County, Alabama.
Sec. 407. Bridgeport, Alabama.
Sec. 408. Arkansas River navigation system.
Sec. 409. Cache Creek basin, California.
Sec. 410. Estudillo Canal, San Leandro, California.
Sec. 411. Laguna Creek, Fremont, California.
Sec. 412. Lake Merritt, Oakland, California.
Sec. 413. Lancaster, California.
Sec. 414. Oceanside, California.
Sec. 415. San Jacinto watershed, California.
Sec. 416. Suisun Marsh, California.
Sec. 417. Delaware River watershed.
Sec. 418. Brevard County, Florida.
Sec. 419. Choctawhatchee River, Florida.
Sec. 420. Egmont Key, Florida.
Sec. 421. Upper Ocklawaha River and Apopka/Palatlakaha River basins,
Florida.
Sec. 422. Lake Allatoona watershed, Georgia.
Sec. 423. Boise River, Idaho.
Sec. 424. Wood River, Idaho.
Sec. 425. Chicago, Illinois.
Sec. 426. Chicago sanitary and ship canal system, Chicago,
Illinois.
Sec. 427. Long Lake, Indiana.
Sec. 428. Brush and Rock Creeks, Mission Hills and Fairway,
Kansas.
Sec. 429. Atchafalaya River, Bayous Chene, Boeuf, and Black,
Louisiana.
Sec. 430. Boeuf and Black, Louisiana.
Sec. 431. Iberia Port, Louisiana.
Sec. 432. Lake Pontchartrain Seawall, Louisiana.
Sec. 433. Lower Atchafalaya basin, Louisiana.
Sec. 434. St. John the Baptist Parish, Louisiana.
Sec. 435. South Louisiana.
Sec. 436. Portsmouth Harbor and Piscataqua River, Maine and New
Hampshire.
Sec. 437. Merrimack River basin, Massachusetts and New Hampshire.
Sec. 438. Wild Rice River, Minnesota.
Sec. 439. Port of Gulfport, Mississippi.
Sec. 440. Las Vegas Valley, Nevada.
Sec. 441. Upland disposal sites in New Hampshire.
Sec. 442. Southwest Valley, Albuquerque, New Mexico.
Sec. 443. Buffalo Harbor, Buffalo, New York.
Sec. 444. Jamesville Reservoir, Onondaga County, New York.
Sec. 445. Bogue Banks, Carteret County, North Carolina.
Sec. 446. Duck Creek watershed, Ohio.
Sec. 448. Steubenville, Ohio.
Sec. 449. Grand Lake, Oklahoma.
Sec. 450. Columbia Slough, Oregon.
Sec. 451. Cliff Walk in Newport, Rhode Island.
Sec. 452. Quonset Point channel, Rhode Island.
Sec. 453. Dredged material disposal site, Rhode Island.
Sec. 454. Reedy River, Greenville, South Carolina.
Sec. 455. Chickamauga Lock and Dam, Tennessee.
Sec. 456. Germantown, Tennessee.
Sec. 457. Milwaukee, Wisconsin.
TITLE V--MISCELLANEOUS PROVISIONS
Sec. 502. Restoration projects.
Sec. 503. Support of Army civil works program.
Sec. 504. Export of water from Great Lakes.
Sec. 505. Great Lakes tributary model.
Sec. 506. Great Lakes fishery and ecosystem restoration.
Sec. 507. New England water resources and ecosystem restoration.
Sec. 508. Visitors centers.
Sec. 509. CALFED Bay-Delta program assistance, California.
Sec. 510. Seward, Alaska.
Sec. 511. Clear Lake basin, California.
Sec. 512. Contra Costa Canal, Oakley and Knightsen, California.
Sec. 513. Huntington Beach, California.
Sec. 514. Mallard Slough, Pittsburg, California.
Sec. 515. Port Everglades, Florida.
Sec. 516. Lake Sidney Lanier, Georgia, home preservation.
Sec. 517. Ballard's Island, La Salle County, Illinois.
Sec. 518. Lake Michigan diversion, Illinois.
Sec. 519. Illinois River basin restoration.
Sec. 520. Koontz Lake, Indiana.
Sec. 521. West View Shores, Cecil County, Maryland.
Sec. 522. Muddy River, Brookline and Boston, Massachusetts.
Sec. 523. Soo Locks, Sault Ste. Marie, Michigan.
Sec. 524. Minnesota dam safety.
Sec. 525. Bruce F. Vento Unit of the Boundary Waters Canoe Area
Wilderness, Minnesota.
Sec. 526. Duluth, Minnesota, alternative technology project.
Sec. 527. Minneapolis, Minnesota.
Sec. 528. Coastal Mississippi wetlands restoration projects.
Sec. 529. Las Vegas, Nevada.
Sec. 530. Urbanized peak flood management research, New Jersey.
Sec. 531. Nepperhan River, Yonkers, New York.
Sec. 532. Upper Mohawk River basin, New York.
Sec. 533. Flood damage reduction.
Sec. 534. Cuyahoga River, Ohio.
Sec. 535. Crowder Point, Crowder, Oklahoma.
Sec. 536. Lower Columbia River and Tillamook Bay ecosystem restoration,
Oregon and Washington.
Sec. 537. Access improvements, Raystown Lake, Pennsylvania.
Sec. 538. Upper Susquehanna River basin, Pennsylvania and New
York.
Sec. 539. Charleston Harbor, South Carolina.
Sec. 540. Cheyenne River Sioux Tribe, Lower Brule Sioux Tribe, and South
Dakota terrestrial wildlife habitat restoration.
Sec. 541. Horn Lake Creek and tributaries, Tennessee and
Mississippi.
Sec. 542. Lake Champlain watershed, Vermont and New York.
Sec. 543. Vermont dams remediation.
Sec. 544. Puget Sound and adjacent waters restoration, Washington.
Sec. 545. Willapa Bay, Washington.
Sec. 546. Wynoochee Lake, Wynoochee River, Washington.
Sec. 547. Bluestone, West Virginia.
Sec. 548. Lesage/Greenbottom Swamp, West Virginia.
Sec. 549. Tug Fork River, West Virginia.
Sec. 550. Southern West Virginia.
Sec. 551. Surfside/Sunset and Newport Beach, California.
Sec. 552. Watershed management, restoration, and development.
Sec. 553. Maintenance of navigation channels.
Sec. 554. Hydrographic survey.
Sec. 555. Columbia River treaty fishing access.
Sec. 556. Release of use restriction.
TITLE VI--COMPREHENSIVE EVERGLADES RESTORATION
Sec. 601. Comprehensive Everglades restoration plan.
Sec. 602. Sense of Congress concerning Homestead Air Force Base.
TITLE VII--MISSOURI RIVER RESTORATION, NORTH DAKOTA
Sec. 702. Findings and purposes.
Sec. 704. Missouri River Trust.
Sec. 705. Missouri River Task Force.
Sec. 706. Administration.
Sec. 707. Authorization of appropriations.
TITLE VIII--WILDLIFE REFUGE ENHANCEMENT
Sec. 804. Conveyance of cabin sites.
Sec. 805. Rights of nonparticipating lessees.
Sec. 806. Conveyance to third parties.
Sec. 807. Use of proceeds.
Sec. 808. Administrative costs.
Sec. 809. Revocation of withdrawals.
Sec. 810. Authorization of appropriations.
TITLE IX--MISSOURI RIVER RESTORATION, SOUTH DAKOTA
Sec. 902. Findings and purposes.
Sec. 904. Missouri River Trust.
Sec. 905. Missouri River Task Force.
Sec. 906. Administration.
Sec. 907. Authorization of appropriations.
SEC. 2. DEFINITION OF SECRETARY.
In this Act, the term `Secretary' means the Secretary of the Army.
TITLE I--WATER RESOURCES PROJECTS
SEC. 101. PROJECT AUTHORIZATIONS.
(a) PROJECTS WITH CHIEF'S REPORTS- The following projects for water
resources development and conservation and other purposes are authorized to be
carried out by the Secretary substantially in accordance with the plans, and
subject to the conditions, described in the respective reports designated in
this subsection:
(1) BARNEGAT INLET TO LITTLE EGG INLET, NEW JERSEY- The project for
hurricane and storm damage reduction, Barnegat Inlet to Little Egg Inlet,
New Jersey: Report of the Chief of Engineers dated July 26, 2000, at a total
cost of $51,203,000, with an estimated Federal cost of $33,282,000 and an
estimated non-Federal cost of $17,921,000, and at an estimated average
annual cost of $1,751,000 for periodic nourishment over the 50-year life of
the project, with an estimated annual Federal cost of $1,138,000 and an
estimated annual non-Federal cost of $613,000.
(2) PORT OF NEW YORK AND NEW JERSEY, NEW YORK AND NEW JERSEY-
(A) IN GENERAL- The project for navigation, Port of New York and New
Jersey, New York and New Jersey: Report of the Chief of Engineers dated
May 2, 2000, at a total cost of $1,781,234,000, with an estimated Federal
cost of $743,954,000 and an estimated non-Federal cost of
$1,037,280,000.
(i) IN GENERAL- The non-Federal share of the costs of the project
may be provided in cash or in the form of in-kind services or
materials.
(ii) CREDIT- The Secretary shall credit toward the non-Federal share
of the cost of the project the cost of design and construction work
carried out by the non-Federal interest before the date of execution of
a cooperation agreement for the project if the Secretary determines that
the work is integral to the project.
(b) PROJECTS SUBJECT TO FINAL REPORT- The following projects for water
resources development and conservation and other purposes are authorized to be
carried out by the Secretary substantially in accordance with the plans, and
subject to the conditions, recommended in a final report of the Chief of
Engineers if a favorable report of the Chief is completed not later than
December 31, 2000:
(1) FALSE PASS HARBOR, ALASKA- The project for navigation, False Pass
Harbor, Alaska, at a total cost of $15,552,000, with an estimated Federal
cost of $9,374,000 and an estimated non-Federal cost of $6,178,000.
(2) UNALASKA HARBOR, ALASKA- The project for navigation, Unalaska
Harbor, Alaska, at a total cost of $20,000,000, with an estimated Federal
cost of $12,000,000 and an estimated non-Federal cost of $8,000,000, except
that the date for completion of the favorable report of the Chief of
Engineers shall be December 31, 2001, instead of December 31, 2000.
(3) RIO DE FLAG, FLAGSTAFF, ARIZONA- The project for flood damage
reduction, Rio de Flag, Flagstaff, Arizona, at a total cost of $24,072,000,
with an estimated Federal cost of $15,576,000 and an estimated non-Federal
cost of $8,496,000.
(4) TRES RIOS, ARIZONA- The project for ecosystem restoration, Tres
Rios, Arizona, at a total cost of $99,320,000, with an estimated Federal
cost of $62,755,000 and an estimated non-Federal cost of $36,565,000.
(5) LOS ANGELES HARBOR, CALIFORNIA- The project for navigation, Los
Angeles Harbor, California, at a total cost of $153,313,000, with an
estimated Federal cost of $43,735,000 and an estimated non-Federal cost of
$109,578,000.
(6) MURRIETA CREEK, CALIFORNIA- The project for flood damage reduction
and ecosystem restoration, Murrieta Creek, California, described as
alternative 6, based on the District Engineer's Murrieta Creek feasibility
report and environmental impact statement dated October 2000, at a total
cost of $89,846,000, with an estimated Federal cost of $25,556,000 and an
estimated non-Federal cost of $64,290,000.
(7) PINE FLAT DAM, CALIFORNIA- The project for ecosystem restoration,
Pine Flat Dam, California, at a total cost of $34,000,000, with an estimated
Federal cost of $22,000,000 and an estimated non-Federal cost of
$12,000,000.
(8) SANTA BARBARA STREAMS, LOWER MISSION CREEK, CALIFORNIA- The project
for flood damage reduction, Santa Barbara streams, Lower Mission Creek,
California, at a total cost of $18,300,000, with an estimated Federal cost
of $9,200,000 and an estimated non-Federal cost of $9,100,000.
(9) UPPER NEWPORT BAY, CALIFORNIA- The project for ecosystem
restoration, Upper Newport Bay, California, at a total cost of $32,475,000,
with an estimated Federal cost of $21,109,000 and an estimated non-Federal
cost of $11,366,000.
(10) WHITEWATER RIVER BASIN, CALIFORNIA- The project for flood damage
reduction, Whitewater River basin, California, at a total cost of
$28,900,000, with an estimated Federal cost of $18,800,000 and an estimated
non-Federal cost of $10,100,000.
(11) DELAWARE COAST FROM CAPE HENLOPEN TO FENWICK ISLAND- The project
for hurricane and storm damage reduction, Delaware Coast from Cape Henlopen
to Fenwick Island, at a total cost of $5,633,000, with an estimated Federal
cost of $3,661,000 and an estimated non-Federal cost of $1,972,000, and at
an estimated average annual cost of $920,000 for periodic nourishment over
the 50-year life of the project, with an estimated annual Federal cost of
$460,000 and an estimated annual non-Federal cost of $460,000.
(12) PORT SUTTON, FLORIDA- The project for navigation, Port Sutton,
Florida, at a total cost of $7,600,000, with an estimated Federal cost of
$4,900,000 and an estimated non-Federal cost of $2,700,000.
(13) BARBERS POINT HARBOR, HAWAII- The project for navigation, Barbers
Point Harbor, Hawaii, at a total cost of $30,003,000, with an estimated
Federal cost of $18,524,000 and an estimated non-Federal cost of
$11,479,000.
(14) JOHN MYERS LOCK AND DAM, INDIANA AND KENTUCKY- The project for
navigation, John Myers Lock and Dam, Indiana and Kentucky, at a total cost
of $181,700,000. The costs of construction of the project shall be paid 1/2
from amounts appropriated from the general fund of the Treasury and 1/2 from
amounts appropriated from the Inland Waterways Trust Fund.
(15) GREENUP LOCK AND DAM, KENTUCKY AND OHIO- The project for
navigation, Greenup Lock and Dam, Kentucky and Ohio, at a total cost of
$175,500,000. The costs of construction of the project shall be paid 1/2
from amounts appropriated from the general fund of the Treasury and 1/2 from
amounts appropriated from the Inland Waterways Trust Fund.
(16) OHIO RIVER, KENTUCKY, ILLINOIS, INDIANA, OHIO, PENNSYLVANIA, AND
WEST VIRGINIA-
(A) IN GENERAL- Projects for ecosystem restoration, Ohio River
Mainstem, Kentucky, Illinois, Indiana, Ohio, Pennsylvania, and West
Virginia, at a total cost of $307,700,000, with an estimated Federal cost
of $200,000,000 and an estimated non-Federal cost of
$107,700,000.
(i) IN GENERAL- The non-Federal share of the costs of any project
under this paragraph may be provided in cash or in the form of in-kind
services or materials.
(ii) CREDIT- The Secretary shall credit toward the non-Federal share
of the cost of a project under this paragraph the cost of design and
construction work carried out by the non-Federal interest before the
date of execution of a cooperation agreement for the project if the
Secretary determines that the work is integral to the
project.
(17) MORGANZA, LOUISIANA, TO GULF OF MEXICO-
(A) IN GENERAL- The project for hurricane and storm damage reduction,
Morganza, Louisiana, to the Gulf of Mexico, at a total cost of
$550,000,000, with an estimated Federal cost of $358,000,000 and an
estimated non-Federal cost of $192,000,000.
(B) CREDIT- The Secretary shall credit toward the non-Federal share of
the cost of the project the cost of work carried out by the non-Federal
interest for interim flood protection after March 31, 1989, if the
Secretary determines that the work is integral to the project.
(18) MONARCH-CHESTERFIELD, MISSOURI- The project for flood damage
reduction, Monarch-Chesterfield, Missouri, at a total cost of $58,090,000,
with an estimated Federal cost of $37,758,500 and an estimated non-Federal
cost of $20,331,500.
(19) ANTELOPE CREEK, LINCOLN, NEBRASKA- The project for flood damage
reduction, Antelope Creek, Lincoln, Nebraska, at a total cost of
$46,310,000, with an estimated Federal cost of $23,155,000 and an estimated
non-Federal cost of $23,155,000.
(20) SAND CREEK WATERSHED, WAHOO, NEBRASKA- The project for ecosystem
restoration and flood damage reduction, Sand Creek watershed, Wahoo,
Nebraska, at a total cost of $29,840,000, with an estimated Federal cost of
$16,870,000 and an estimated non-Federal cost of $12,970,000.
(21) WESTERN SARPY AND CLEAR CREEK, NEBRASKA- The project for flood
damage reduction, Western Sarpy and Clear Creek, Nebraska, at a total cost
of $15,643,000, with an estimated Federal cost of $9,518,000 and an
estimated non-Federal cost of $6,125,000.
(22) RARITAN BAY AND SANDY HOOK BAY, CLIFFWOOD BEACH, NEW JERSEY- The
project for hurricane and storm damage reduction, Raritan Bay and Sandy Hook
Bay, Cliffwood Beach, New Jersey, at a total cost of $5,219,000, with an
estimated Federal cost of $3,392,000 and an estimated non-Federal cost of
$1,827,000, and at an estimated average annual cost of $110,000 for periodic
nourishment over the 50-year life of the project, with an estimated annual
Federal cost of $55,000 and an estimated annual non-Federal cost of
$55,000.
(23) RARITAN BAY AND SANDY HOOK BAY, PORT MONMOUTH, NEW JERSEY- The
project for hurricane and storm damage reduction, Raritan Bay and Sandy Hook
Bay, Port Monmouth, New Jersey, at a total cost of $32,064,000, with an
estimated Federal cost of $20,842,000 and an estimated non-Federal cost of
$11,222,000, and at an estimated average annual cost of $173,000 for
periodic nourishment over the 50-year life of the project, with an estimated
annual Federal cost of $86,500 and an estimated annual non-Federal cost of
$86,500.
(24) DARE COUNTY BEACHES, NORTH CAROLINA- The project for hurricane and
storm damage reduction, Dare County beaches, North Carolina, at a total cost
of $71,674,000, with an estimated Federal cost of $46,588,000 and an
estimated non-Federal cost of $25,086,000, and at an estimated average
annual cost of $34,990,000 for periodic nourishment over the 50-year life of
the project, with an estimated annual Federal cost of $17,495,000 and an
estimated annual non-Federal cost of $17,495,000.
(25) WOLF RIVER, MEMPHIS, TENNESSEE- The project for ecosystem
restoration, Wolf River, Memphis, Tennessee, at a total cost of $9,118,000,
with an estimated Federal cost of $5,849,000 and an estimated non-Federal
cost of $3,269,000.
(26) DUWAMISH/GREEN, WASHINGTON- The project for ecosystem restoration,
Duwamish/Green, Washington, at a total cost of $112,860,000, with an
estimated Federal cost of $73,360,000 and an estimated non-Federal cost of
$39,500,000.
(27) STILLAGUMAISH RIVER BASIN, WASHINGTON- The project for ecosystem
restoration, Stillagumaish River basin, Washington, at a total cost of
$23,590,000, with an estimated Federal cost of $15,680,000 and an estimated
non-Federal cost of $7,910,000.
(28) JACKSON HOLE, WYOMING-
(A) IN GENERAL- The project for ecosystem restoration, Jackson Hole,
Wyoming, at a total cost of $52,242,000, with an estimated Federal cost of
$33,957,000 and an estimated non-Federal cost of $18,285,000.
(i) IN GENERAL- The non-Federal share of the costs of the project
may be provided in cash or in the form of in-kind services or
materials.
(ii) CREDIT- The Secretary shall credit toward the non-Federal share
of the cost of the project the cost of design and construction work
carried out by the non-Federal interest before the date of execution of
a cooperation agreement for the project if the Secretary determines that
the work is integral to the project.
SEC. 102. SMALL PROJECTS FOR FLOOD DAMAGE REDUCTION.
(a) IN GENERAL- The Secretary shall conduct a study for each of the
following projects and, if the Secretary determines that a project is
feasible, may carry out the project under section 205 of the Flood Control Act
of 1948 (33 U.S.C. 701s):
(1) BUFFALO ISLAND, ARKANSAS- Project for flood damage reduction,
Buffalo Island, Arkansas.
(2) ANAVERDE CREEK, PALMDALE, CALIFORNIA- Project for flood damage
reduction, Anaverde Creek, Palmdale, California.
(3) CASTAIC CREEK, OLD ROAD BRIDGE, SANTA CLARITA, CALIFORNIA- Project
for flood damage reduction, Castaic Creek, Old Road bridge, Santa Clarita,
California.
(4) SANTA CLARA RIVER, OLD ROAD BRIDGE, SANTA CLARITA, CALIFORNIA-
Project for flood damage reduction, Santa Clara River, Old Road bridge,
Santa Clarita, California.
(5) WEISER RIVER, IDAHO- Project for flood damage reduction, Weiser
River, Idaho.
(6) COLUMBIA LEVEE, COLUMBIA, ILLINOIS- Project for flood damage
reduction, Columbia Levee, Columbia, Illinois.
(7) EAST-WEST CREEK, RIVERTON, ILLINOIS- Project for flood damage
reduction, East-West Creek, Riverton, Illinois.
(8) PRAIRIE DU PONT, ILLINOIS- Project for flood damage reduction,
Prairie Du Pont, Illinois.
(9) MONROE COUNTY, ILLINOIS- Project for flood damage reduction, Monroe
County, Illinois.
(10) WILLOW CREEK, MEREDOSIA, ILLINOIS- Project for flood damage
reduction, Willow Creek, Meredosia, Illinois.
(11) DYKES BRANCH CHANNEL, LEAWOOD, KANSAS- Project for flood damage
reduction, Dykes Branch channel improvements, Leawood, Kansas.
(12) DYKES BRANCH TRIBUTARIES, LEAWOOD, KANSAS- Project for flood damage
reduction, Dykes Branch tributary improvements, Leawood, Kansas.
(13) KENTUCKY RIVER, FRANKFORT, KENTUCKY- Project for flood damage
reduction, Kentucky River, Frankfort, Kentucky.
(14) BAYOU TETE L'OURS, LOUISIANA- Project for flood damage reduction,
Bayou Tete L'Ours, Louisiana.
(15) BOSSIER CITY, LOUISIANA- Project for flood damage reduction, Red
Chute Bayou levee, Bossier City, Louisiana.
(16) BOSSIER PARISH, LOUISIANA- Project for flood damage reduction, Cane
Bend Subdivision, Bossier Parish, Louisiana.
(17) BRAITHWAITE PARK, LOUISIANA- Project for flood damage reduction,
Braithwaite Park, Louisiana.
(18) CROWN POINT, LOUISIANA- Project for flood damage reduction, Crown
Point, Louisiana.
(19) DONALDSONVILLE CANALS, LOUISIANA- Project for flood damage
reduction, Donaldsonville Canals, Louisiana.
(20) GOOSE BAYOU, LOUISIANA- Project for flood damage reduction, Goose
Bayou, Louisiana.
(21) GUMBY DAM, LOUISIANA- Project for flood damage reduction, Gumby
Dam, Richland Parish, Louisiana.
(22) HOPE CANAL, LOUISIANA- Project for flood damage reduction, Hope
Canal, Louisiana.
(23) JEAN LAFITTE, LOUISIANA- Project for flood damage reduction, Jean
Lafitte, Louisiana.
(24) LAKES MAUREPAS AND PONTCHARTRAIN CANALS, ST. JOHN THE BAPTIST
PARISH, LOUISIANA- Project for flood damage reduction, Lakes Maurepas and
Pontchartrain Canals, St. John the Baptist Parish, Louisiana.
(25) LOCKPORT TO LAROSE, LOUISIANA- Project for flood damage reduction,
Lockport to Larose, Louisiana.
(26) LOWER LAFITTE BASIN, LOUISIANA- Project for flood damage reduction,
Lower Lafitte basin, Louisiana.
(27) OAKVILLE TO LAREUSSITE, LOUISIANA- Project for flood damage
reduction, Oakville to LaReussite, Louisiana.
(28) PAILET BASIN, LOUISIANA- Project for flood damage reduction, Pailet
basin, Louisiana.
(29) POCHITOLAWA CREEK, LOUISIANA- Project for flood damage reduction,
Pochitolawa Creek, Louisiana.
(30) ROSETHORN BASIN, LOUISIANA- Project for flood damage reduction,
Rosethorn basin, Louisiana.
(31) SHREVEPORT, LOUISIANA- Project for flood damage reduction, Twelve
Mile Bayou, Shreveport, Louisiana.
(32) STEPHENSVILLE, LOUISIANA- Project for flood damage reduction,
Stephensville, Louisiana.
(33) ST. JOHN THE BAPTIST PARISH, LOUISIANA- Project for flood damage
reduction, St. John the Baptist Parish, Louisiana.
(34) MAGBY CREEK AND VERNON BRANCH, MISSISSIPPI- Project for flood
damage reduction, Magby Creek and Vernon Branch, Lowndes County,
Mississippi.
(35) PENNSVILLE TOWNSHIP, SALEM COUNTY, NEW JERSEY- Project for flood
damage reduction, Pennsville Township, Salem County, New Jersey.
(36) HEMPSTEAD, NEW YORK- Project for flood damage reduction, Hempstead,
New York.
(37) HIGHLAND BROOK, HIGHLAND FALLS, NEW YORK- Project for flood damage
reduction, Highland Brook, Highland Falls, New York.
(38) LAFAYETTE TOWNSHIP, OHIO- Project for flood damage reduction,
Lafayette Township, Ohio.
(39) WEST LAFAYETTE, OHIO- Project for flood damage reduction, West
Lafayette, Ohio.
(40) BEAR CREEK AND TRIBUTARIES, MEDFORD, OREGON- Project for flood
damage reduction, Bear Creek and tributaries, Medford, Oregon.
(41) DELAWARE CANAL AND BROCK CREEK, YARDLEY BOROUGH, PENNSYLVANIA-
Project for flood damage reduction, Delaware Canal and Brock Creek, Yardley
Borough, Pennsylvania.
(42) FRITZ LANDING, TENNESSEE- Project for flood damage reduction, Fritz
Landing, Tennessee.
(43) FIRST CREEK, FOUNTAIN CITY, KNOXVILLE, TENNESSEE- Project for flood
damage reduction, First Creek, Fountain City, Knoxville, Tennessee.
(44) MISSISSIPPI RIVER, RIDGELY, TENNESSEE- Project for flood damage
reduction, Mississippi River, Ridgely, Tennessee.
(b) MAGPIE CREEK, SACRAMENTO COUNTY, CALIFORNIA- In formulating the
project for Magpie Creek, California, authorized by section 102(a)(4) of the
Water Resources Development Act of 1999 (113 Stat. 281) to be carried out
under section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s), the
Secretary may consider benefits from the full utilization of existing
improvements at McClellan Air Force Base that would result from the project
after conversion of the base to civilian use.
SEC. 103. SMALL PROJECTS FOR EMERGENCY STREAMBANK
PROTECTION.
The Secretary shall conduct a study for each of the following projects
and, if the Secretary determines that a project is feasible, may carry out the
project under section 14 of the Flood Control Act of 1946 (33 U.S.C. 701r):
(1) MAUMEE RIVER, FORT WAYNE, INDIANA- Project for emergency streambank
protection, Maumee River, Fort Wayne, Indiana.
(2) BAYOU DES GLAISES, LOUISIANA- Project for emergency streambank
protection, Bayou des Glaises (Lee Chatelain Road), Avoyelles Parish,
Louisiana.
(3) BAYOU PLAQUEMINE, LOUISIANA- Project for emergency streambank
protection, Highway 77, Bayou Plaquemine, Iberville Parish, Louisiana.
(4) BAYOU SORRELL, IBERVILLE PARISH, LOUISIANA- Project for emergency
streambank protection, Bayou Sorrell, Iberville Parish, Louisiana.
(5) HAMMOND, LOUISIANA- Project for emergency streambank protection,
Fagan Drive Bridge, Hammond, Louisiana.
(6) IBERVILLE PARISH, LOUISIANA- Project for emergency streambank
protection, Iberville Parish, Louisiana.
(7) LAKE ARTHUR, LOUISIANA- Project for emergency streambank protection,
Parish Road 120 at Lake Arthur, Louisiana.
(8) LAKE CHARLES, LOUISIANA- Project for emergency streambank
protection, Pithon Coulee, Lake Charles, Calcasieu Parish, Louisiana.
(9) LOGGY BAYOU, LOUISIANA- Project for emergency streambank protection,
Loggy Bayou, Bienville Parish, Louisiana.
(10) SCOTLANDVILLE BLUFF, LOUISIANA- Project for emergency streambank
protection, Scotlandville Bluff, East Baton Rouge Parish, Louisiana.
SEC. 104. SMALL PROJECTS FOR NAVIGATION.
The Secretary shall conduct a study for each of the following projects
and, if the Secretary determines that a project is feasible, may carry out the
project under section 107 of the River and Harbor Act of 1960 (33 U.S.C.
577):
(1) WHITTIER, ALASKA- Project for navigation, Whittier, Alaska.
(2) CAPE CORAL SOUTH SPREADER WATERWAY, FLORIDA- Project for navigation,
Cape Coral South Spreader Waterway, Lee County, Florida.
(3) HOUMA NAVIGATION CANAL, LOUISIANA- Project for navigation, Houma
Navigation Canal, Terrebonne Parish, Louisiana.
(4) VIDALIA PORT, LOUISIANA- Project for navigation, Vidalia Port,
Louisiana.
(5) EAST TWO RIVERS, TOWER, MINNESOTA- Project for navigation, East Two
Rivers, Tower, Minnesota.
(6) ERIE BASIN MARINA, BUFFALO, NEW YORK- Project for navigation, Erie
Basin marina, Buffalo, New York.
(7) LAKE MICHIGAN, LAKESHORE STATE PARK, MILWAUKEE, WISCONSIN- Project
for navigation, Lake Michigan, Lakeshore State Park, Milwaukee,
Wisconsin.
(8) SAXON HARBOR, FRANCIS, WISCONSIN- Project for navigation, Saxon
Harbor, Francis, Wisconsin.
SEC. 105. SMALL PROJECTS FOR IMPROVEMENT OF THE QUALITY OF THE
ENVIRONMENT.
The Secretary shall conduct a study for each of the following projects
and, if the Secretary determines that a project is appropriate, may carry out
the project under section 1135(a) of the Water Resources Development Act of
1986 (33 U.S.C. 2309a(a)):
(1) NAHANT MARSH, DAVENPORT, IOWA- Project for improvement of the
quality of the environment, Nahant Marsh, Davenport, Iowa.
(2) BAYOU SAUVAGE NATIONAL WILDLIFE REFUGE, LOUISIANA- Project for
improvement of the quality of the environment, Bayou Sauvage National
Wildlife Refuge, Orleans Parish, Louisiana.
(3) GULF INTRACOASTAL WATERWAY, BAYOU PLAQUEMINE, LOUISIANA- Project for
improvement of the quality of the environment, Gulf Intracoastal Waterway,
Bayou Plaquemine, Iberville Parish, Louisiana.
(4) GULF INTRACOASTAL WATERWAY, MILES 220 TO 222.5, LOUISIANA- Project
for improvement of the quality of the environment, Gulf Intracoastal
Waterway, miles 220 to 222.5, Vermilion Parish, Louisiana.
(5) GULF INTRACOASTAL WATERWAY, WEEKS BAY, LOUISIANA- Project for
improvement of the quality of the environment, Gulf Intracoastal Waterway,
Weeks Bay, Iberia Parish, Louisiana.
(6) LAKE FAUSSE POINT, LOUISIANA- Project for improvement of the quality
of the environment, Lake Fausse Point, Louisiana.
(7) LAKE PROVIDENCE, LOUISIANA- Project for improvement of the quality
of the environment, Old River, Lake Providence, Louisiana.
(8) NEW RIVER, LOUISIANA- Project for improvement of the quality of the
environment, New River, Ascension Parish, Louisiana.
(9) ERIE COUNTY, OHIO- Project for improvement of the quality of the
environment, Sheldon's Marsh State Nature Preserve, Erie County, Ohio.
(10) MUSKINGUM COUNTY, OHIO- Project for improvement of the quality of
the environment, Dillon Reservoir watershed, Licking River, Muskingum
County, Ohio.
SEC. 106. SMALL PROJECTS FOR AQUATIC ECOSYSTEM RESTORATION.
(a) IN GENERAL- The Secretary shall conduct a study for each of the
following projects and, if the Secretary determines that a project is
appropriate, may carry out the project under section 206 of the Water
Resources Development Act of 1996 (33 U.S.C. 2330):
(1) ARKANSAS RIVER, PUEBLO, COLORADO- Project for aquatic ecosystem
restoration, Arkansas River, Pueblo, Colorado.
(2) HAYDEN DIVERSION PROJECT, YAMPA RIVER, COLORADO- Project for aquatic
ecosystem restoration, Hayden Diversion Project, Yampa River,
Colorado.
(3) LITTLE ECONLOCKHATCHEE RIVER BASIN, FLORIDA- Project for aquatic
ecosystem restoration, Little Econlockhatchee River basin, Florida.
(4) LOXAHATCHEE SLOUGH, PALM BEACH COUNTY, FLORIDA- Project for aquatic
ecosystem restoration, Loxahatchee Slough, Palm Beach County, Florida.
(5) STEVENSON CREEK ESTUARY, FLORIDA- Project for aquatic ecosystem
restoration, Stevenson Creek estuary, Florida.
(6) CHOUTEAU ISLAND, MADISON COUNTY, ILLINOIS- Project for aquatic
ecosystem restoration, Chouteau Island, Madison County, Illinois.
(7) BRAUD BAYOU, LOUISIANA- Project for aquatic ecosystem restoration,
Braud Bayou, Spanish Lake, Ascension Parish, Louisiana.
(8) BURAS MARINA, LOUISIANA- Project for aquatic ecosystem restoration,
Buras Marina, Buras, Plaquemines Parish, Louisiana.
(9) COMITE RIVER, LOUISIANA- Project for aquatic ecosystem restoration,
Comite River at Hooper Road, Louisiana.
(10) DEPARTMENT OF ENERGY 21-INCH PIPELINE CANAL, LOUISIANA- Project for
aquatic ecosystem restoration, Department of Energy 21-inch Pipeline Canal,
St. Martin Parish, Louisiana.
(11) LAKE BORGNE, LOUISIANA- Project for aquatic ecosystem restoration,
southern shores of Lake Borgne, Louisiana.
(12) LAKE MARTIN, LOUISIANA- Project for aquatic ecosystem restoration,
Lake Martin, Louisiana.
(13) LULING, LOUISIANA- Project for aquatic ecosystem restoration,
Luling Oxidation Pond, St. Charles Parish, Louisiana.
(14) MANDEVILLE, LOUISIANA- Project for aquatic ecosystem restoration,
Mandeville, St. Tammany Parish, Louisiana.
(15) ST. JAMES, LOUISIANA- Project for aquatic ecosystem restoration,
St. James, Louisiana.
(16) SAGINAW BAY, BAY CITY, MICHIGAN- Project for aquatic ecosystem
restoration, Saginaw Bay, Bay City, Michigan.
(17) RAINWATER BASIN, NEBRASKA- Project for aquatic ecosystem
restoration, Rainwater Basin, Nebraska.
(18) MINES FALLS PARK, NEW HAMPSHIRE- Project for aquatic ecosystem
restoration, Mines Falls Park, New Hampshire.
(19) NORTH HAMPTON, NEW HAMPSHIRE- Project for aquatic ecosystem
restoration, Little River Salt Marsh, North Hampton, New Hampshire.
(20) CAZENOVIA LAKE, MADISON COUNTY, NEW YORK- Project for aquatic
ecosystem restoration, Cazenovia Lake, Madison County, New York, including
efforts to address aquatic invasive plant species.
(21) CHENANGO LAKE, CHENANGO COUNTY, NEW YORK- Project for aquatic
ecosystem restoration, Chenango Lake, Chenango County, New York, including
efforts to address aquatic invasive plant species.
(22) EAGLE LAKE, NEW YORK- Project for aquatic ecosystem restoration,
Eagle Lake, Ticonderoga, New York.
(23) OSSINING, NEW YORK- Project for aquatic ecosystem restoration,
Ossining, New York.
(24) SARATOGA LAKE, NEW YORK- Project for aquatic ecosystem restoration,
Saratoga Lake, New York.
(25) SCHROON LAKE, NEW YORK- Project for aquatic ecosystem restoration,
Schroon Lake, New York.
(26) HIGHLAND COUNTY, OHIO- Project for aquatic ecosystem restoration,
Rocky Fork Lake, Clear Creek floodplain, Highland County, Ohio.
(27) HOCKING COUNTY, OHIO- Project for aquatic ecosystem restoration,
Long Hollow Mine, Hocking County, Ohio.
(28) MIDDLE CUYAHOGA RIVER, KENT, OHIO- Project for aquatic ecosystem
restoration, Middle Cuyahoga River, Kent, Ohio.
(29) TUSCARAWAS COUNTY, OHIO- Project for aquatic ecosystem restoration,
Huff Run, Tuscarawas County, Ohio.
(30) DELTA PONDS, OREGON- Project for aquatic ecosystem restoration,
Delta Ponds, Oregon.
(31) CENTRAL AMAZON CREEK, EUGENE, OREGON- Project for aquatic ecosystem
restoration, Central Amazon Creek, Eugene, Oregon.
(32) EUGENE MILLRACE, EUGENE, OREGON- Project for aquatic ecosystem
restoration, Eugene Millrace, Eugene, Oregon.
(33) BEAR CREEK WATERSHED, MEDFORD, OREGON- Project for aquatic
ecosystem restoration, Bear Creek watershed, Medford, Oregon.
(34) LONE PINE AND LAZY CREEKS, MEDFORD, OREGON- Project for aquatic
ecosystem restoration, Lone Pine and Lazy Creeks, Medford, Oregon.
(35) ROSLYN LAKE, OREGON- Project for aquatic ecosystem restoration,
Roslyn Lake, Oregon.
(36) TULLYTOWN BOROUGH, PENNSYLVANIA- Project for aquatic ecosystem
restoration, Tullytown Borough, Pennsylvania.
(b) SALMON RIVER, IDAHO- The Secretary may credit toward the non-Federal
share of the cost of the project for aquatic ecosystem restoration, Salmon
River, Idaho, to be carried out under section 206 of the Water Resources
Development Act of 1996 (33 U.S.C. 2330) the cost of work (consisting of
surveys, studies, and development of technical data) carried out by the
non-Federal interest if the Secretary determines that the work is integral to
the project.
SEC. 107. SMALL PROJECTS FOR SHORELINE PROTECTION.
The Secretary shall conduct a study for each of the following projects
and, if the Secretary determines that a project is feasible, may carry out the
project under section 3 of the Act entitled `An Act authorizing Federal
participation in the cost of protecting the shores of publicly owned
property', approved August 13, 1946 (33 U.S.C. 426g):
(1) LAKE PALOURDE, LOUISIANA- Project for beach restoration and
protection, Highway 70, Lake Palourde, St. Mary and St. Martin Parishes,
Louisiana.
(2) ST. BERNARD, LOUISIANA- Project for beach restoration and
protection, Bayou Road, St. Bernard, Louisiana.
(3) HUDSON RIVER, DUTCHESS COUNTY, NEW YORK- Project for beach
restoration and protection, Hudson River, Dutchess County, New York.
SEC. 108. SMALL PROJECTS FOR SNAGGING AND SEDIMENT REMOVAL.
The Secretary shall conduct a study for each of the following projects
and, if the Secretary determines that a project is feasible, the Secretary may
carry out the project under section 2 of the Flood Control Act of August 28,
1937 (33 U.S.C. 701g):
(1) SANGAMON RIVER AND TRIBUTARIES, RIVERTON, ILLINOIS- Project for
removal of snags and clearing and straightening of channels for flood
control, Sangamon River and tributaries, Riverton, Illinois.
(2) BAYOU MANCHAC, LOUISIANA- Project for removal of snags and clearing
and straightening of channels for flood control, Bayou Manchac, Ascension
Parish, Louisiana.
(3) BLACK BAYOU AND HIPPOLYTE COULEE, LOUISIANA- Project for removal of
snags and clearing and straightening of channels for flood control, Black
Bayou and Hippolyte Coulee, Calcasieu Parish, Louisiana.
SEC. 109. SMALL PROJECT FOR MITIGATION OF SHORE DAMAGE.
The Secretary shall conduct a study of shore damage at Puget Island,
Columbia River, Washington, to determine if the damage is the result of the
project for navigation, Columbia River, Washington, authorized by the first
section of the Rivers and Harbors Appropriations Act of June 13, 1902 (32
Stat. 369), and, if the Secretary determines that the damage is the result of
the project for navigation and that a project to mitigate the damage is
appropriate, the Secretary may carry out the project to mitigate the damage
under section 111 of the River and Harbor Act of 1968 (33 U.S.C. 426i).
SEC. 110. BENEFICIAL USES OF DREDGED MATERIAL.
The Secretary may carry out the following projects under section 204 of
the Water Resources Development Act of 1992 (33 U.S.C. 2326):
(1) HOUMA NAVIGATION CANAL, LOUISIANA- Project to make beneficial use of
dredged material from a Federal navigation project that includes barrier
island restoration at the Houma Navigation Canal, Terrebonne Parish,
Louisiana.
(2) MISSISSIPPI RIVER GULF OUTLET, MILE -3 TO MILE -9, LOUISIANA-
Project to make beneficial use of dredged material from a Federal navigation
project that includes dredging of the Mississippi River Gulf Outlet, mile -3
to mile -9, St. Bernard Parish, Louisiana.
(3) MISSISSIPPI RIVER GULF OUTLET, MILE 11 TO MILE 4, LOUISIANA- Project
to make beneficial use of dredged material from a Federal navigation project
that includes dredging of the Mississippi River Gulf Outlet, mile 11 to mile
4, St. Bernard Parish, Louisiana.
(4) PLAQUEMINES PARISH, LOUISIANA- Project to make beneficial use of
dredged material from a Federal navigation project that includes marsh
creation at the contained submarine maintenance dredge sediment trap,
Plaquemines Parish, Louisiana.
(5) ST. LOUIS COUNTY, MINNESOTA- Project to make beneficial use of
dredged material from a Federal navigation project in St. Louis County,
Minnesota.
(6) OTTAWA COUNTY, OHIO- Project to make beneficial use of dredged
material from a Federal navigation project to protect, restore, and create
aquatic and related habitat, East Harbor State Park, Ottawa County,
Ohio.
SEC. 111. DISPOSAL OF DREDGED MATERIAL ON BEACHES.
Section 217 of the Water Resources Development Act of 1999 (113 Stat. 294)
is amended by adding at the end the following:
`(f) FORT CANBY STATE PARK, BENSON BEACH, WASHINGTON- The Secretary may
design and construct a shore protection project at Fort Canby State Park,
Benson Beach, Washington, including beneficial use of dredged material from a
Federal navigation project under section 145 of the Water Resources
Development Act of 1976 (33 U.S.C. 426j) or section 204 of the Water Resources
Development Act of 1992 (33 U.S.C. 2326).'.
SEC. 112. PETALUMA RIVER, PETALUMA, CALIFORNIA.
(a) IN GENERAL- The Secretary shall carry out the Petaluma River project,
at the city of Petaluma, Sonoma County, California, to provide a 100-year
level of flood protection to the city in accordance with the detailed project
report of the San Francisco District Engineer, dated March 1995, at a total
cost of $32,227,000.
(b) REIMBURSEMENT- The Secretary shall reimburse the non-Federal interest
for any project costs that the non-Federal interest has incurred in excess of
the non-Federal share of project costs, regardless of the date on which the
costs were incurred.
(c) COST SHARING- For purposes of reimbursement under subsection (b), cost
sharing for work performed on the project before the date of enactment of this
Act shall be determined in accordance with section 103(a) of the Water
Resources Development Act of 1986 (33 U.S.C. 2213(a)).
TITLE II--GENERAL PROVISIONS
SEC. 201. COOPERATION AGREEMENTS WITH COUNTIES.
Section 221(a) of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b(a)) is
amended in the second sentence--
(1) by striking `State legislative';
(2) by striking `State constitutional' and inserting `constitutional';
and
(3) by inserting before the period at the end the following: `of the
State or a political subdivision of the State'.
SEC. 202. WATERSHED AND RIVER BASIN ASSESSMENTS.
Section 729 of the Water Resources Development Act of 1986 (100 Stat.
4164) is amended to read as follows:
`SEC. 729. WATERSHED AND RIVER BASIN ASSESSMENTS.
`(a) IN GENERAL- The Secretary may assess the water resources needs of
river basins and watersheds of the United States, including needs relating
to--
`(1) ecosystem protection and restoration;
`(2) flood damage reduction;
`(3) navigation and ports;
`(4) watershed protection;
`(6) drought preparedness.
`(b) COOPERATION- An assessment under subsection (a) shall be carried out
in cooperation and coordination with--
`(1) the Secretary of the Interior;
`(2) the Secretary of Agriculture;
`(3) the Secretary of Commerce;
`(4) the Administrator of the Environmental Protection Agency; and
`(5) the heads of other appropriate agencies.
`(c) CONSULTATION- In carrying out an assessment under subsection (a), the
Secretary shall consult with Federal, tribal, State, interstate, and local
governmental entities.
`(d) PRIORITY RIVER BASINS AND WATERSHEDS- In selecting river basins and
watersheds for assessment under this section, the Secretary shall give
priority to--
`(1) the Delaware River basin;
`(2) the Kentucky River basin;
`(3) the Potomac River basin;
`(4) the Susquehanna River basin; and
`(5) the Willamette River basin.
`(e) ACCEPTANCE OF CONTRIBUTIONS- In carrying out an assessment under
subsection (a), the Secretary may accept contributions, in cash or in kind,
from Federal, tribal, State, interstate, and local governmental entities to
the extent that the Secretary determines that the contributions will
facilitate completion of the assessment.
`(f) COST-SHARING REQUIREMENTS-
`(1) NON-FEDERAL SHARE- The non-Federal share of the costs of an
assessment carried out under this section shall be 50 percent.
`(A) IN GENERAL- Subject to subparagraph (B), the Secretary may credit
toward the non-Federal share of an assessment under this section the cost
of services, materials, supplies, or other in-kind contributions provided
by the non-Federal interests for the assessment.
`(B) MAXIMUM AMOUNT OF CREDIT- The credit under subparagraph (A) may
not exceed an amount equal to 25 percent of the costs of the
assessment.
`(g) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be
appropriated to carry out this section $15,000,000.'.
SEC. 203. TRIBAL PARTNERSHIP PROGRAM.
(a) DEFINITION OF INDIAN TRIBE- In this section, the term `Indian tribe'
has the meaning given the term in section 4 of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450b).
(1) IN GENERAL- In cooperation with Indian tribes and the heads of other
Federal agencies, the Secretary may study and determine the feasibility of
carrying out water resources development projects that--
(A) will substantially benefit Indian tribes; and
(B) are located primarily within Indian country (as defined in section
1151 of title 18, United States Code) or in proximity to Alaska Native
villages.
(2) MATTERS TO BE STUDIED- A study conducted under paragraph (1) may
address--
(A) projects for flood damage reduction, environmental restoration and
protection, and preservation of cultural and natural resources;
and
(B) such other projects as the Secretary, in cooperation with Indian
tribes and the heads of other Federal agencies, determines to be
appropriate.
(c) CONSULTATION AND COORDINATION WITH SECRETARY OF THE INTERIOR-
(1) IN GENERAL- In recognition of the unique role of the Secretary of
the Interior concerning trust responsibilities with Indian tribes and in
recognition of mutual trust responsibilities, the Secretary shall consult
with the Secretary of the Interior concerning studies conducted under
subsection (b).
(2) INTEGRATION OF ACTIVITIES- The Secretary shall--
(A) integrate civil works activities of the Department of the Army
with activities of the Department of the Interior to avoid conflicts,
duplications of effort, or unanticipated adverse effects on Indian tribes;
and
(B) consider the authorities and programs of the Department of the
Interior and other Federal agencies in any recommendations concerning
carrying out projects studied under subsection (b).
(A) IN GENERAL- Any cost-sharing agreement for a study under
subsection (b) shall be subject to the ability of the non-Federal interest
to pay.
(B) USE OF PROCEDURES- The ability of a non-Federal interest to pay
shall be determined by the Secretary in accordance with procedures
established by the Secretary.
(2) CREDIT- The Secretary may credit toward the non-Federal share of the
costs of a study under subsection (b) the cost of services, studies,
supplies, or other in-kind contributions provided by the non-Federal
interest if the Secretary determines that the services, studies, supplies,
and other in-kind contributions will facilitate completion of the
study.
(e) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be
appropriated to carry out subsection (b) $5,000,000 for each of fiscal years
2002 through 2006, of which not more than $1,000,000 may be used with respect
to any 1 Indian tribe.
SEC. 204. ABILITY TO PAY.
Section 103(m) of the Water Resources Development Act of 1986 (33 U.S.C.
2213(m)) is amended--
(1) by striking paragraphs (1) and (2) and inserting the
following:
`(1) IN GENERAL- Any cost-sharing agreement under this section for a
feasibility study, or for construction of an environmental protection and
restoration project, a flood control project, a project for navigation,
storm damage protection, shoreline erosion, hurricane protection, or
recreation, or an agricultural water supply project, shall be subject to the
ability of the non-Federal interest to pay.
`(2) CRITERIA AND PROCEDURES- The ability of a non-Federal interest to
pay shall be determined by the Secretary in accordance with criteria and
procedures in effect under paragraph (3) on the day before the date of
enactment of the Water Resources Development Act of 2000; except that such
criteria and procedures shall be revised, and new criteria and procedures
shall be developed, not later than 180 days after such date of enactment to
reflect the requirements of such paragraph (3).'; and
(A) by inserting `and' after the semicolon at the end of subparagraph
(A)(ii);
(B) by striking subparagraph (B); and
(C) by redesignating subparagraph (C) as subparagraph (B).
SEC. 205. PROPERTY PROTECTION PROGRAM.
(a) IN GENERAL- The Secretary may carry out a program to reduce vandalism
and destruction of property at water resources development projects under the
jurisdiction of the Department of the Army.
(b) PROVISION OF REWARDS- In carrying out the program, the Secretary may
provide rewards (including cash rewards) to individuals who provide
information or evidence leading to the arrest and prosecution of individuals
causing damage to Federal property.
(c) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be
appropriated to carry out this section $500,000 for fiscal year 2001 and each
fiscal year thereafter.
SEC. 206. NATIONAL RECREATION RESERVATION SERVICE.
Notwithstanding section 611 of the Treasury and General Government
Appropriations Act, 1999 (112 Stat. 2681-515), the Secretary may--
(1) participate in the National Recreation Reservation Service on an
interagency basis; and
(2) pay the Department of the Army's share of the activities required to
implement, operate, and maintain the Service.
SEC. 207. INTERAGENCY AND INTERNATIONAL SUPPORT AUTHORITY.
Section 234(d) of the Water Resources Development Act of 1996 (33 U.S.C.
2323a(d)) is amended--
(1) by striking the first sentence and inserting the following: `There
is authorized to be appropriated to carry out this section $250,000 for
fiscal year 2001 and each fiscal year thereafter.'; and
(2) in the second sentence by inserting `out' after `carry'.
SEC. 208. REBURIAL AND CONVEYANCE AUTHORITY.
(a) DEFINITION OF INDIAN TRIBE- In this section, the term `Indian tribe'
has the meaning given the term in section 4 of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450b).
(1) REBURIAL AREAS- In consultation with affected Indian tribes, the
Secretary may identify and set aside areas at civil works projects of the
Department of the Army that may be used to rebury Native American remains
that--
(A) have been discovered on project land; and
(B) have been rightfully claimed by a lineal descendant or Indian
tribe in accordance with applicable Federal law.
(2) REBURIAL- In consultation with and with the consent of the lineal
descendant or the affected Indian tribe, the Secretary may recover and
rebury, at Federal expense, the remains at the areas identified and set
aside under subsection (b)(1).
(c) CONVEYANCE AUTHORITY-
(1) IN GENERAL- Subject to paragraph (2), notwithstanding any other
provision of law, the Secretary may convey to an Indian tribe for use as a
cemetery an area at a civil works project that is identified and set aside
by the Secretary under subsection (b)(1).
(2) RETENTION OF NECESSARY PROPERTY INTERESTS- In carrying out paragraph
(1), the Secretary shall retain any necessary right-of-way, easement, or
other property interest that the Secretary determines to be necessary to
carry out the authorized purposes of the project.
SEC. 209. FLOODPLAIN MANAGEMENT REQUIREMENTS.
(a) IN GENERAL- Section 402(c) of the Water Resources Development Act of
1986 (33 U.S.C. 701b-12(c)) is amended--
(1) in the first sentence of paragraph (1) by striking `Within 6 months
after the date of the enactment of this subsection, the' and inserting
`The';
(2) by redesignating paragraph (2) as paragraph (3);
(3) by striking `Such guidelines shall address' and inserting the
following:
`(2) REQUIRED ELEMENTS- The guidelines developed under paragraph (1)
shall--
(4) in paragraph (2) (as designated by paragraph (3) of this
subsection)--
(A) by inserting `to be undertaken by non-Federal interests to' after
`policies';
(B) by striking the period at the end and inserting `; and';
and
(C) by adding at the end the following:
`(B) address those measures to be undertaken by non-Federal interests
to preserve the level of flood protection provided by a project to which
subsection (a) applies.'.
(b) APPLICABILITY- The amendments made by subsection (a) shall apply to
any project or separable element of a project with respect to which the
Secretary and the non-Federal interest have not entered a project cooperation
agreement on or before the date of enactment of this Act.
(c) TECHNICAL AMENDMENTS- Section 402(b) of the Water Resources
Development Act of 1986 (33 U.S.C. 701b-12(b)) is amended--
(1) in the subsection heading by striking `FLOOD PLAIN' and inserting
`FLOODPLAIN'; and
(2) in the first sentence by striking `flood plain' and inserting
`floodplain'.
SEC. 210. NONPROFIT ENTITIES.
(a) ENVIRONMENTAL DREDGING- Section 312 of the Water Resources Development
Act of 1990 (33 U.S.C. 1272) is amended by adding at the end the following:
`(g) NONPROFIT ENTITIES- Notwithstanding section 221 of the Flood Control
Act of 1970 (42 U.S.C. 1962d-5b), for any project carried out under this
section, a non-Federal sponsor may include a nonprofit entity, with the
consent of the affected local government.'.
(b) LAKES PROGRAM- Section 602 of the Water Resources Development Act of
1986 (100 Stat. 4148-4149) is amended by redesignating subsection (d) as
subsection (e) and by inserting after subsection (c) the following:
`(d) NONPROFIT ENTITIES- Notwithstanding section 221 of the Flood Control
Act of 1970 (42 U.S.C. 1962d-5b), for any project carried out under this
section, a non-Federal interest may include a nonprofit entity with the
consent of the affected local government.'.
(c) PROJECT MODIFICATIONS FOR IMPROVEMENT OF ENVIRONMENT- Section 1135 of
the Water Resources Development Act of 1986 (33 U.S.C. 2309a) is amended by
redesignating subsections (g) and (h) as subsections (h) and (i),
respectively, and by inserting after subsection (f) the following:
`(g) NONPROFIT ENTITIES- Notwithstanding section 221 of the Flood Control
Act of 1970 (42 U.S.C. 1962d-5b), a non-Federal sponsor for any project
carried out under this section may include a nonprofit entity, with the
consent of the affected local government.'.
SEC. 211. PERFORMANCE OF SPECIALIZED OR TECHNICAL SERVICES.
(a) DEFINITION OF STATE- In this section, the term `State' has the meaning
given the term in section 6501 of title 31, United States Code.
(b) AUTHORITY- The Corps of Engineers may provide specialized or technical
services to a Federal agency (other than an agency of the Department of
Defense) or a State or local government under section 6505 of title 31, United
States Code, only if the chief executive of the requesting entity submits to
the Secretary--
(1) a written request describing the scope of the services to be
performed and agreeing to reimburse the Corps for all costs associated with
the performance of the services; and
(2) a certification that includes adequate facts to establish that the
services requested are not reasonably and quickly available through ordinary
business channels.
(c) CORPS AGREEMENT TO PERFORM SERVICES- The Secretary, after receiving a
request described in subsection (b) to provide specialized or technical
services, shall, before entering into an agreement to perform the
services--
(1) ensure that the requirements of subsection (b) are met with regard
to the request for services; and
(2) execute a certification that includes adequate facts to establish
that the Corps is uniquely equipped to perform such services.
(d) ANNUAL REPORT TO CONGRESS-
(1) IN GENERAL- Not later than the last day of each calendar year, the
Secretary shall provide 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 identifying any request
submitted by a Federal agency (other than an agency of the Department of
Defense) or a State or local government to the Corps to provide specialized
or technical services.
(2) CONTENTS OF REPORT- The report shall include, with respect to each
request described in paragraph (1)--
(A) a description of the scope of services requested;
(B) the certifications required under subsection (b) and (c);
(C) the status of the request;
(D) the estimated and final cost of the services;
(E) the status of reimbursement;
(F) a description of the scope of services performed; and
(G) copies of all certifications in support of the request.
SEC. 212. HYDROELECTRIC POWER PROJECT FUNDING.
Section 216 of the Water Resources Development Act of 1996 (33 U.S.C.
2321a) is amended--
(1) in subsection (a) by striking `In carrying out' and all that follows
through `(1) is' and inserting the following: `In carrying out the
operation, maintenance, rehabilitation, and modernization of a hydroelectric
power generating facility at a water resources project under the
jurisdiction of the Department of the Army, the Secretary may, to the extent
funds are made available in appropriations Acts or in accordance with
subsection (c), take such actions as are necessary to optimize the
efficiency of energy production or increase the capacity of the facility, or
both, if, after consulting with the heads of other appropriate Federal and
State agencies, the Secretary determines that such actions--
(2) in the first sentence of subsection (b) by striking `the proposed
uprating' and inserting `any proposed uprating';
(3) by redesignating subsection (c) as subsection (e); and
(4) by inserting after subsection (b) the following:
`(c) USE OF FUNDS PROVIDED BY PREFERENCE CUSTOMERS- In carrying out this
section, the Secretary may accept and expend funds provided by preference
customers under Federal law relating to the marketing of power.
`(d) APPLICATION- This section does not apply to any facility of the
Department of the Army that is authorized to be funded under section 2406 of
the Energy Policy Act of 1992 (16 U.S.C. 839d-1).'.
SEC. 213. ASSISTANCE PROGRAMS.
(a) CONSERVATION AND RECREATION MANAGEMENT- To further training and
educational opportunities at water resources development projects under the
jurisdiction of the Secretary, the Secretary may enter into cooperative
agreements with non-Federal public and nonprofit entities for services
relating to natural resources conservation or recreation management.
(b) RURAL COMMUNITY ASSISTANCE- In carrying out studies and projects under
the jurisdiction of the Secretary, the Secretary may enter into cooperative
agreements with multistate regional private nonprofit rural community
assistance entities for services, including water resource assessment,
community participation, planning, development, and management activities.
(c) COOPERATIVE AGREEMENTS- A cooperative agreement entered into under
this section shall not be considered to be, or treated as being, a cooperative
agreement to which chapter 63 of title 31, United States Code, applies.
SEC. 214. FUNDING TO PROCESS PERMITS.
(a) IN GENERAL- In fiscal years 2001 through 2003, the Secretary, after
public notice, may accept and expend funds contributed by non-Federal public
entities to expedite the evaluation of permits under the jurisdiction of the
Department of the Army.
(b) EFFECT ON PERMITTING- In carrying out this section, the Secretary
shall ensure that the use of funds accepted under subsection (a) will not
impact impartial decisionmaking with respect to permits, either substantively
or procedurally.
SEC. 215. DREDGED MATERIAL MARKETING AND RECYCLING.
(a) DREDGED MATERIAL MARKETING-
(1) IN GENERAL- Not later than 180 days after the date of enactment of
this Act, the Secretary shall establish a program to allow the direct
marketing of dredged material to public agencies and private entities.
(2) LIMITATIONS- The Secretary shall not establish the program under
paragraph (1) unless the Secretary determines that the program is in the
interest of the United States and is economically justified, equitable, and
environmentally acceptable.
(3) REGIONAL RESPONSIBILITY- The program described in paragraph (1) may
authorize each of the 8 division offices of the Corps of Engineers to market
to public agencies and private entities any dredged material from projects
under the jurisdiction of the regional office. Any revenues generated from
any sale of dredged material to such entities shall be deposited in the
United States Treasury.
(4) REPORTS- Not later than 180 days after the date of enactment of this
Act, and annually thereafter for a period of 4 years, the Secretary shall
transmit to Congress a report on the program established under paragraph
(1).
(5) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be
appropriated to carry out this subsection $2,000,000 for each fiscal
year.
(b) DREDGED MATERIAL RECYCLING-
(1) PILOT PROGRAM- The Secretary shall conduct a pilot program to
provide incentives for the removal of dredged material from confined
disposal facilities associated with Corps of Engineer navigation projects
for the purpose of recycling the dredged material and extending the life of
the confined disposal facilities.
(2) REPORT- Not later than 90 days after the date of completion of the
pilot program, the Secretary shall transmit to Congress a report on the
results of the program.
(3) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be
appropriated to carry out this subsection $2,000,000, except that not to
exceed $1,000,000 may be expended with respect to any project.
SEC. 216. NATIONAL ACADEMY OF SCIENCES STUDY.
(a) DEFINITIONS- In this section, the following definitions apply:
(1) ACADEMY- The term `Academy' means the National Academy of
Sciences.
(2) METHOD- The term `method' means a method, model, assumption, or
other pertinent planning tool used in conducting an economic or
environmental analysis of a water resources project, including the
formulation of a feasibility report.
(3) FEASIBILITY REPORT- The term `feasibility report' means each
feasibility report, and each associated environmental impact statement and
mitigation plan, prepared by the Corps of Engineers for a water resources
project.
(4) WATER RESOURCES PROJECT- The term `water resources project' means a
project for navigation, a project for flood control, a project for hurricane
and storm damage reduction, a project for emergency streambank and shore
protection, a project for ecosystem restoration and protection, and a water
resources project of any other type carried out by the Corps of
Engineers.
(b) INDEPENDENT PEER REVIEW OF PROJECTS-
(1) IN GENERAL- Not later than 90 days after the date of enactment of
this Act, the Secretary shall contract with the Academy to study, and make
recommendations relating to, the independent peer review of feasibility
reports.
(2) STUDY ELEMENTS- In carrying out a contract under paragraph (1), the
Academy shall study the practicality and efficacy of the independent peer
review of the feasibility reports, including--
(A) the cost, time requirements, and other considerations relating to
the implementation of independent peer review; and
(B) objective criteria that may be used to determine the most
effective application of independent peer review to feasibility reports
for each type of water resources project.
(3) ACADEMY REPORT- Not later than 1 year after the date of a contract
under paragraph (1), the Academy shall submit to the Secretary, 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 includes--
(A) the results of the study conducted under paragraphs (1) and (2);
and
(B) in light of the results of the study, specific recommendations, if
any, on a program for implementing independent peer review of feasibility
reports.
(4) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be
appropriated to carry out this subsection $1,000,000, to remain available
until expended.
(c) INDEPENDENT PEER REVIEW OF METHODS FOR PROJECT ANALYSIS-
(1) IN GENERAL- Not later than 90 days after the date of enactment of
this Act, the Secretary shall contract with the Academy to conduct a study
that includes--
(A) a review of state-of-the-art methods;
(B) a review of the methods currently used by the Secretary;
(C) a review of a sample of instances in which the Secretary has
applied the methods identified under subparagraph (B) in the analysis of
each type of water resources project; and
(D) a comparative evaluation of the basis and validity of
state-of-the-art methods identified under subparagraph (A) and the methods
identified under subparagraphs (B) and (C).
(2) ACADEMY REPORT- Not later than 1 year after the date of a contract
under paragraph (1), the Academy shall transmit to the Secretary, 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 includes--
(A) the results of the study conducted under paragraph (1);
and
(B) in light of the results of the study, specific recommendations for
modifying any of the methods currently used by the Secretary for
conducting economic and environmental analyses of water resources
projects.
(3) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be
appropriated to carry out this subsection $2,000,000. Such sums shall remain
available until expended.
SEC. 217. REHABILITATION OF FEDERAL FLOOD CONTROL LEVEES.
Section 110(e) of the Water Resources Development Act of 1990 (104 Stat.
4622) is amended by striking `1992,' and all that follows through `1996' and
inserting `2001 through 2005'.
SEC. 218. MAXIMUM PROGRAM EXPENDITURES FOR SMALL FLOOD CONTROL
PROJECTS.
Section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s) is amended
in the first sentence by striking `$40,000,000' and inserting
`$50,000,000'.
SEC. 219. ENGINEERING CONSULTING SERVICES.
In conducting a feasibility study for a water resources project, the
Secretary, to the maximum extent practicable, should not employ a person for
engineering and consulting services if the same person is also employed by the
non-Federal interest for such services unless there is only 1 qualified and
responsive bidder for such services.
SEC. 220. BEACH RECREATION.
Not later than 1 year after the date of enactment of this Act, the
Secretary shall develop and implement procedures to ensure that all of the
benefits of a beach restoration project, including those benefits attributable
to recreation, hurricane and storm damage reduction, and environmental
protection and restoration, are displayed in reports for such projects.
SEC. 221. DESIGN-BUILD CONTRACTING.
(a) PILOT PROGRAM- The Secretary may conduct a pilot program consisting of
not more than 5 authorized projects to test the design-build method of project
delivery on various authorized civil works projects of the Corps of Engineers,
including levees, pumping plants, revetments, dikes, dredging, weirs, dams,
retaining walls, generation facilities, mattress laying, recreation
facilities, and other water resources facilities.
(b) DESIGN-BUILD DEFINED- In this section, the term `design-build' means
an agreement between the Federal Government and a contractor that provides for
both the design and construction of a project by a single contract.
(c) REPORT- Not later than 4 years after the date of enactment of this
Act, the Secretary shall transmit to Congress a report on the results of the
pilot program.
SEC. 222. ENHANCED PUBLIC PARTICIPATION.
(a) IN GENERAL- Section 905 of the Water Resources Development Act of 1986
(33 U.S.C. 2282) is amended by adding at the end the following:
`(e) ENHANCED PUBLIC PARTICIPATION-
`(1) IN GENERAL- The Secretary shall establish procedures to enhance
public participation in the development of each feasibility study under
subsection (a), including, if appropriate, establishment of a stakeholder
advisory group to assist the Secretary with the development of the
study.
`(2) MEMBERSHIP- If the Secretary provides for the establishment of a
stakeholder advisory group under this subsection, the membership of the
advisory group shall include balanced representation of social, economic,
and environmental interest groups, and such members shall serve on a
voluntary, uncompensated basis.
`(3) LIMITATION- Procedures established under this subsection shall not
delay development of any feasibility study under subsection (a).'.
SEC. 223. MONITORING.
(a) IN GENERAL- The Secretary shall conduct a monitoring program of the
economic and environmental results of up to 5 eligible projects selected by
the Secretary.
(b) DURATION- The monitoring of a project selected by the Secretary under
this section shall be for a period of not less than 12 years beginning on the
date of its selection.
(c) REPORTS- The Secretary shall transmit to Congress every 3 years a
report on the performance of each project selected under this section.
(d) ELIGIBLE PROJECT DEFINED- In this section, the term `eligible project'
means a water resources project, or separable element thereof--
(1) for which a contract for physical construction has not been awarded
before the date of enactment of this Act;
(2) that has a total cost of more than $25,000,000; and
(3)(A) that has as a benefit-to-cost ratio of less than 1.5 to 1;
or
(B) that has significant environmental benefits or significant
environmental mitigation components.
(e) COSTS- The cost of conducting monitoring under this section shall be a
Federal expense.
SEC. 224. FISH AND WILDLIFE MITIGATION.
(a) DESIGN OF MITIGATION PROJECTS- Section 906(d) of the Water Resources
Development Act of 1986 (33 U.S.C. 2283(d)) is amended--
(1) by striking `(1)' and inserting `(A)';
(2) by striking `(2)' and inserting `(B)';
(3) by striking `(d) After the date of enactment of this Act,' and
inserting the following:
`(d) MITIGATION PLANS AS PART OF PROJECT PROPOSALS-
`(1) IN GENERAL- After November 17, 1986,';
(4) by adding at the end the following:
`(2) DESIGN OF MITIGATION PROJECTS- The Secretary shall design
mitigation projects to reflect contemporary understanding of the science of
mitigating the adverse environmental impacts of water resources projects.';
and
(5) by aligning the remainder of the text of paragraph (1) (as
designated by paragraph (3) of this subsection) with paragraph (2) (as added
by paragraph (4) of this subsection).
(b) CONCURRENT MITIGATION-
(A) IN GENERAL- The Comptroller General shall conduct an investigation
of the effectiveness of the concurrent mitigation requirements of section
906 of the Water Resources Development Act of 1986 (33 U.S.C. 2283). In
carrying out the investigation, the Comptroller General shall
determine--
(i) whether or not there are instances in which less than 50 percent
of required mitigation is completed before initiation of project
construction and the number of such instances; and
(ii) the extent to which mitigation projects restore natural
hydrologic conditions, restore native vegetation, and otherwise support
native fish and wildlife species.
(B) SPECIAL RULE- In carrying out subparagraph (A)(ii), the
Comptroller General shall--
(i) establish a panel of independent scientists, comprised of
individuals with expertise and experience in applicable scientific
disciplines, to assist the Comptroller General; and
(ii) assess methods used by the Corps of Engineers to monitor and
evaluate mitigation projects, and compare Corps of Engineers mitigation
project design, construction, monitoring, and evaluation practices with
those used in other publicly and privately financed mitigation
projects.
(2) REPORT- Not later than 1 year after the date of enactment of this
Act, the Comptroller General shall transmit to Congress a report on the
results of the investigation.
SEC. 225. FEASIBILITY STUDIES AND PLANNING, ENGINEERING, AND
DESIGN.
Section 105(a)(1)(E) of the Water Resources Development Act of 1986 (33
U.S.C. 2215(a)(1)(E)) is amended by striking `Not more than 1/2 of the' and
inserting `The'.
SEC. 226. ADMINISTRATIVE COSTS OF LAND CONVEYANCES.
Notwithstanding any other provision of law, the administrative costs
associated with the conveyance of property by the Secretary to a non-Federal
governmental or nonprofit entity shall be limited to the extent that the
Secretary determines that such limitation is necessary to complete the
conveyance based on the entity's ability to pay.
SEC. 227. FLOOD MITIGATION AND RIVERINE RESTORATION.
Section 212(e) of the Water Resources Development Act of 1999 (33 U.S.C.
2332(e)) is amended--
(1) by striking `and' at the end of paragraph (22);
(2) by striking the period at the end of paragraph (23) and inserting `;
and'; and
(3) by adding at the end the following:
`(25) Lester, St. Louis, East Savanna, and Floodwood Rivers, Duluth,
Minnesota;
`(26) Lower Hudson River and tributaries, New York;
`(27) Susquehanna River watershed, Bradford County, Pennsylvania;
and
`(28) Clear Creek, Harris, Galveston, and Brazoria Counties,
Texas.'.
TITLE III--PROJECT-RELATED PROVISIONS
SEC. 301. TENNESSEE-TOMBIGBEE WATERWAY WILDLIFE MITIGATION PROJECT,
ALABAMA AND MISSISSIPPI.
(a) IN GENERAL- The Tennessee-Tombigbee Waterway Wildlife Mitigation
Project, Alabama and Mississippi, authorized by section 601(a) of Public Law
99-662 (100 Stat. 4138) is modified to authorize the Secretary to--
(1) remove the wildlife mitigation purpose designation from up to 3,000
acres of land as necessary over the life of the project from lands
originally acquired for water resource development projects included in the
Mitigation Project in accordance with the Report of the Chief of Engineers
dated August 31, 1985;
(2) sell or exchange such lands in accordance with subsection (c)(1) and
under such conditions as the Secretary determines to be necessary to protect
the interests of the United States, utilize such lands as the Secretary
determines to be appropriate in connection with development, operation,
maintenance, or modification of the water resource development projects, or
grant such other interests as the Secretary may determine to be reasonable
in the public interest; and
(3) acquire, in accordance with subsections (c) and (d), lands from
willing sellers to offset the removal of any lands from the Mitigation
Project for the purposes listed in subsection (a)(2) of this section.
(b) REMOVAL PROCESS- Beginning on the date of enactment of this Act, the
locations of these lands to be removed will be determined at appropriate time
intervals at the discretion of the Secretary, in consultation with appropriate
Federal and State fish and wildlife agencies, to facilitate the operation of
the water resource development projects and to respond to regional needs
related to the project. Removals under this subsection shall be restricted to
Project Lands designated for mitigation and shall not include lands purchased
exclusively for mitigation purposes (known as Separable Mitigation Lands).
Parcel identification, removal, and sale may occur assuming acreage
acquisitions pursuant to subsection (d) are at least equal to the total
acreage of the lands removed.
(c) LANDS TO BE SOLD- (1) Lands to be sold or exchanged pursuant to
subsection (a)(2) shall be made available for related uses consistent with
other uses of the water resource development project lands (including port,
industry, transportation, recreation, and other regional needs for the
project).
(2) Any valuation of land sold or exchanged pursuant to this section shall
be at fair market value as determined by the Secretary.
(3) The Secretary is authorized to accept monetary consideration and to
use such funds without further appropriation to carry out subsection (a)(3).
All monetary considerations made available to the Secretary under subsection
(a)(2) from the sale of lands shall be used for and in support of acquisitions
pursuant to subsection (d). The Secretary is further authorized for purposes
of this section to purchase up to 1,000 acres from funds otherwise
available.
(d) CRITERIA FOR LAND TO BE ACQUIRED- The Secretary shall consult with the
appropriate Federal and State fish and wildlife agencies in selecting the
lands to be acquired pursuant to subsection (a)(3). In selecting the lands to
be acquired, bottomland hardwood and associated habitats will receive primary
consideration. The lands shall be adjacent to lands already in the Mitigation
Project unless otherwise agreed to by the Secretary and the fish and wildlife
agencies.
(e) DREDGED MATERIAL DISPOSAL SITES- The Secretary shall utilize dredged
material disposal areas in such a manner as to maximize their reuse by
disposal and removal of dredged materials, in order to conserve undisturbed
disposal areas for wildlife habitat to the maximum extent practicable. Where
the habitat value loss due to reuse of disposal areas cannot be offset by the
reduced need for other unused disposal sites, the Secretary shall determine,
in consultation with Federal and State fish and wildlife agencies, and ensure
full mitigation for any habitat value lost as a result of such reuse.
(f) OTHER MITIGATION LANDS- The Secretary is also authorized to transfer
by lease, easement, license, or permit lands acquired for the Wildlife
Mitigation Project pursuant to section 601(a) of Public Law 99-662, in
consultation with Federal and State fish and wildlife agencies, when such
transfers are necessary to address transportation, utility, and related
activities. The Secretary shall ensure full mitigation for any wildlife
habitat value lost as a result of such sale or transfer. Habitat value
replacement requirements shall be determined by the Secretary in consultation
with the appropriate fish and wildlife agencies.
(g) REPEAL- Section 102 of the Water Resources Development Act of 1992
(106 Stat. 4804) is amended by striking subsection (a).
SEC. 302. NOGALES WASH AND TRIBUTARIES, NOGALES, ARIZONA.
The project for flood control, Nogales Wash and tributaries, Nogales,
Arizona, authorized by section 101(a)(4) of the Water Resources Development
Act of 1990 (104 Stat. 4606), and modified by section 303 of the Water
Resources Development Act of 1996 (110 Stat. 3711), is further modified to
provide that the Federal share of the costs associated with addressing flood
control problems in Nogales, Arizona, arising from floodwater flows
originating in Mexico shall be 100 percent.
SEC. 303. BOYDSVILLE, ARKANSAS.
The Secretary shall credit toward the non-Federal share of the cost of the
study to determine the feasibility of the reservoir and associated
improvements in the vicinity of Boydsville, Arkansas, authorized by section
402 of the Water Resources Development Act of 1999 (113 Stat. 322), not more
than $250,000 of the costs of the planning and engineering investigations
carried out by State and local agencies if the Secretary determines that the
investigations are integral to the study.
SEC. 304. WHITE RIVER BASIN, ARKANSAS AND MISSOURI.
(a) IN GENERAL- Subject to subsection (b), the project for flood control,
power generation, and other purposes at the White River Basin, Arkansas and
Missouri, authorized by section 4 of the Rivers and Harbors Act of June 28,
1938 (52 Stat. 1218), and modified by House Document 917, 76th Congress, 3d
Session, and House Document 290, 77th Congress, 1st Session, approved August
18, 1941, and House Document 499, 83d Congress, 2d Session, approved September
3, 1954, and by section 304 of the Water Resources Development Act of 1996
(110 Stat. 3711), is further modified to authorize the Secretary to provide
minimum flows necessary to sustain tail water trout fisheries by reallocating
the following recommended amounts of project storage:
(1) Beaver Lake, 1.5 feet.
(3) Bull Shoals Lake, 5 feet.
(4) Norfolk Lake, 3.5 feet.
(5) Greers Ferry Lake, 3 feet.
(1) IN GENERAL- No funds may be obligated to carry out work on the
modification under subsection (a) until the Chief of Engineers, through
completion of a final report, determines that the work is technically sound,
environmentally acceptable, and economically justified.
(2) TIMING- Not later than January 1, 2002, the Secretary shall transmit
to Congress the final report.
(3) CONTENTS- The final report shall include determinations concerning
whether--
(A) the modification under subsection (a) adversely affects other
authorized project purposes; and
(B) Federal costs will be incurred in connection with the
modification.
SEC. 305. SACRAMENTO DEEP WATER SHIP CHANNEL, CALIFORNIA.
The project for navigation, Sacramento Deep Water Ship Channel,
California, authorized by section 202(a) of the Water Resources Development
Act of 1986 (100 Stat. 4092), is modified to authorize the Secretary to credit
toward the non-Federal share of the cost of the project the value of dredged
material from the project that is purchased by public agencies or nonprofit
entities for environmental restoration or other beneficial uses if the
Secretary determines that the use of such dredged material is technically
sound, environmentally acceptable, and economically justified.
SEC. 306. DELAWARE RIVER MAINSTEM AND CHANNEL DEEPENING, DELAWARE, NEW
JERSEY, AND PENNSYLVANIA.
The project for navigation, Delaware River Mainstem and Channel Deepening,
Delaware, New Jersey, and Pennsylvania, authorized by section 101(6) of the
Water Resources Development Act of 1992 (106 Stat. 4802) and modified by
section 308 of the Water Resources Development Act of 1999 (113 Stat. 300), is
further modified to authorize the Secretary to credit toward the non-Federal
share of the cost of the project under section 101(a)(2) of the Water
Resources Development Act of 1986 (33 U.S.C. 2211(a)(2)) the costs incurred by
the non-Federal interests in providing additional capacity at dredged material
disposal areas, providing community access to the project (including such
disposal areas), and meeting applicable beautification requirements.
SEC. 307. REHOBOTH BEACH AND DEWEY BEACH, DELAWARE.
The project for storm damage reduction and shoreline protection, Rehoboth
Beach and Dewey Beach, Delaware, authorized by section 101(b)(6) of the Water
Resources Development Act of 1996 (110 Stat. 3667), is modified to authorize
the project to be carried out at a total cost of $13,997,000, with an
estimated Federal cost of $9,098,000 and an estimated non-Federal cost of
$4,899,000, and an estimated average annual cost of $1,320,000 for periodic
nourishment over the 50-year life of the project, with an estimated annual
Federal cost of $858,000 and an estimated annual non-Federal cost of
$462,000.
SEC. 308. FERNANDINA HARBOR, FLORIDA.
The project for navigation, Fernandina Harbor, Florida, authorized by the
first section of the Act entitled `An Act making appropriations for the
construction, repair, completion, and preservation of certain works on rivers
and harbors, and for other purposes', approved June 14, 1880 (21 Stat. 186),
is modified to authorize the Secretary to realign the access channel in the
vicinity of the Fernandina Beach Municipal Marina 100 feet to the west. The
cost of the realignment, including acquisition of lands, easements,
rights-of-way, and dredged material disposal areas and relocations, shall be a
non-Federal expense.
SEC. 309. GASPARILLA AND ESTERO ISLANDS, FLORIDA.
The project for shore protection, Gasparilla and Estero Island segments,
Lee County, Florida, authorized under section 201 of the Flood Control Act of
1965 (79 Stat. 1073) by Senate Resolution dated December 17, 1970, and by
House Resolution dated December 15, 1970, is modified to authorize the
Secretary to enter into an agreement with the non-Federal interest to carry
out the project in accordance with section 206 of the Water Resources
Development Act of 1992 (33 U.S.C. 426i-1) if the Secretary determines that
the project is technically sound, environmentally acceptable, and economically
justified.
SEC. 310. EAST SAINT LOUIS AND VICINITY, ILLINOIS.
The project for flood protection, East Saint Louis and vicinity, Illinois
(East Side levee and sanitary district), authorized by section 204 of the
Flood Control Act of 1965 (79 Stat. 1082), is modified to include ecosystem
restoration as a project purpose.
SEC. 311. KASKASKIA RIVER, KASKASKIA, ILLINOIS.
The project for navigation, Kaskaskia River, Kaskaskia, Illinois,
authorized by section 101 of the River and Harbor Act of 1962 (76 Stat. 1175),
is modified to include recreation as a project purpose.
SEC. 312. WAUKEGAN HARBOR, ILLINOIS.
The project for navigation, Waukegan Harbor, Illinois, authorized by the
first section of the Act entitled `An Act making appropriations for the
construction, repair, completion, and preservation of certain works on rivers
and harbors, and for other purposes', approved June 14, 1880 (21 Stat. 192),
is modified to authorize the Secretary to extend the upstream limit of the
project 275 feet to the north at a width of 375 feet if the Secretary
determines that the extension is feasible.
SEC. 313. UPPER DES PLAINES RIVER AND TRIBUTARIES, ILLINOIS.
The Secretary shall credit toward the non-Federal share of the cost of the
study to determine the feasibility of improvements to the upper Des Plaines
River and tributaries, phase 2, Illinois and Wisconsin, authorized by section
419 of the Water Resources Development Act of 1999 (113 Stat. 324), the cost
of work carried out by the non-Federal interests before the date of execution
of the study cost-sharing agreement if--
(1) the Secretary and the non-Federal interests enter into a
cost-sharing agreement for the study; and
(2) the Secretary determines that the work is integral to the
study.
SEC. 314. CUMBERLAND, KENTUCKY.
The Secretary shall initiate construction, using continuing contracts, of
the city of Cumberland, Kentucky, flood control project, authorized by section
202(a) of the Energy and Water Development Appropriation Act, 1981 (94 Stat.
1339), in accordance with option 4 in the detailed project report, dated
September 1998, as modified, to prevent losses from a flood equal in magnitude
to the April 1977 level by providing protection from the 100-year frequency
event and to share all costs in accordance with section 103 of Public Law
99-662, as amended.
SEC. 315. ATCHAFALAYA BASIN, LOUISIANA.
(a) IN GENERAL- Notwithstanding the report of the Chief of Engineers,
dated February 28, 1983, for the project for flood control, Atchafalaya Basin
Floodway System, Louisiana, authorized by section 601(a) of the Water
Resources Development Act of 1986 (100 Stat. 4142), which report refers to
recreational development in the Lower Atchafalaya Basin Floodway, the
Secretary--
(1) shall initiate, in collaboration with the State of Louisiana,
construction of the visitors center, authorized as part of the project, at
or near Lake End Park in Morgan City, Louisiana; and
(2) shall construct other recreational features, authorized as part of
the project, within, and in the vicinity of, the Lower Atchafalaya Basin
protection levees.
(b) AUTHORITIES- The Secretary shall carry out subsection (a) in
accordance with--
(1) the feasibility study for the Atchafalaya Basin Floodway System,
Louisiana, dated January 1982; and
(2) the recreation cost-sharing requirements of section 103(c) of the
Water Resources Development Act of 1986 (33 U.S.C. 2213(c)).
SEC. 316. RED RIVER WATERWAY, LOUISIANA.
The project for mitigation of fish and wildlife losses, Red River
Waterway, Louisiana, authorized by section 601(a) of the Water Resources
Development Act of 1986 (100 Stat. 4142) and modified by section 4(h) of the
Water Resources Development Act of 1988 (102 Stat. 4016), section 102(p) of
the Water Resources Development Act of 1990 (104 Stat. 4613), and section
301(b)(7) of the Water Resources Development Act of 1996 (110 Stat. 3710), is
further modified to authorize the purchase of mitigation land from willing
sellers in any of the parishes that comprise the Red River Waterway District,
consisting of Avoyelles, Bossier, Caddo, Grant, Natchitoches, Rapides, and Red
River Parishes.
SEC. 317. THOMASTON HARBOR, GEORGES RIVER, MAINE.
The project for navigation, Georges River, Maine (Thomaston Harbor),
authorized by the first section of the Act entitled `An Act making
appropriations for the construction, repair, and preservation of certain
public works on rivers and harbors, and for other purposes', approved June 3,
1896 (29 Stat. 215), is modified to redesignate the following portion of the
project as an anchorage area: The portion lying northwesterly of a line
commencing at point N86,946.770, E321,303.830 thence running northeasterly
about 203.67 feet to a point N86,994.750, E321,501.770.
SEC. 318. POPLAR ISLAND, MARYLAND.
(a) IN GENERAL- The project for the beneficial use of dredged material at
Poplar Island, Maryland, authorized by section 537 of the Water Resources
Development Act of 1996 (110 Stat. 3776), is modified--
(1) to provide that the non-Federal share of the cost of the project may
be provided in cash or in the form of in-kind services or materials;
and
(2) to direct the Secretary to credit toward the non-Federal share of
the cost of a project the cost of design and construction work carried out
by the non-Federal interest before the date of execution of a cooperation
agreement for the project if the Secretary determines that the work is
integral to the project.
(b) REDUCTION- The private sector performance goals for engineering work
of the Baltimore District of the Corps of Engineers shall be reduced by the
amount of the credit under subsection (a)(2).
SEC. 319. WILLIAM JENNINGS RANDOLPH LAKE, MARYLAND.
(a) IN GENERAL- The Secretary may provide design and construction
assistance for recreational facilities in the State of Maryland at the William
Jennings Randolph Lake (Bloomington Dam), Maryland and West Virginia, project
authorized by section 203 of the Flood Control Act of 1962 (76 Stat. 1182).
(b) NON-FEDERAL SHARE- The Secretary shall require the non-Federal
interest to provide 50 percent of the costs of designing and constructing the
recreational facilities under subsection (a).
SEC. 320. BRECKENRIDGE, MINNESOTA.
(a) IN GENERAL- The Secretary may complete the project for flood damage
reduction, Breckenridge, Minnesota, substantially in accordance with the
detailed project report dated September 2000, at a total cost of $21,000,000,
with an estimated Federal cost of $13,650,000 and an estimated non-Federal
cost of $7,350,000.
(b) IN-KIND SERVICES- The non-Federal interest may provide its share of
project costs in cash or in the form of in-kind services or materials.
(c) CREDIT- The Secretary shall credit toward the non-Federal share of the
cost of the project the cost of design and construction work carried out on
the project by the non-Federal interest before the date of the cooperation
agreement for the modified project or execution of a new cooperation agreement
for the project if the Secretary determines that the work is integral to the
project.
SEC. 321. DULUTH HARBOR, MINNESOTA.
The project for navigation, Duluth Harbor, Minnesota, carried out under
section 107 of the River and Harbor Act of 1960 (33 U.S.C. 577), is modified
to include the relocation of Scenic Highway 61, including any required bridge
construction.
SEC. 322. LITTLE FALLS, MINNESOTA.
The project for clearing, snagging, and sediment removal, East Bank of the
Mississippi River, Little Falls, Minnesota, authorized under section 3 of the
Act entitled `An Act authorizing the construction, repair, and preservation of
certain public works on rivers and harbors, and for other purposes', approved
March 2, 1945 (33 U.S.C. 603a), is modified to direct the Secretary to
construct the project substantially in accordance with the plans contained in
the feasibility report of the District Engineer, dated June 2000.
SEC. 323. NEW MADRID COUNTY, MISSOURI.
(a) IN GENERAL- The project for navigation, New Madrid County Harbor, New
Madrid County, Missouri, carried out under section 107 of the River and Harbor
Act of 1960 (33 U.S.C. 577), is authorized as described in the feasibility
report for the project, including both phase 1 and phase 2 of the project.
(b) CREDIT- The Secretary shall credit toward the non-Federal share of the
cost of the project the costs of construction work for phase 1 of the project
carried out by the non-Federal interest if the Secretary determines that the
construction work is integral to the project.
SEC. 324. PEMISCOT COUNTY HARBOR, MISSOURI.
The Secretary shall credit toward the non-Federal share of the cost of the
project for navigation, Pemiscot County Harbor, Missouri, carried out under
section 107 of the River and Harbor Act of 1960 (33 U.S.C. 577), the cost of
construction work carried out for the project after December 31, 1997, by the
non-Federal interest if the Secretary determines that the work is integral to
the project.
SEC. 325. FORT PECK FISH HATCHERY, MONTANA.
(a) FINDINGS- Congress finds that--
(1) Fort Peck Lake, Montana, is in need of a multispecies fish
hatchery;
(2) the burden of carrying out efforts to raise and stock fish species
in Fort Peck Lake has been disproportionately borne by the State of Montana
despite the existence of a Federal project at Fort Peck Lake;
(3)(A) as of the date of enactment of this Act, eastern Montana has only
1 warm water fish hatchery, which is inadequate to meet the demands of the
region; and
(B) a disease or infrastructure failure at that hatchery could imperil
fish populations throughout the region;
(4) although the multipurpose project at Fort Peck, Montana, authorized
by the first section of the Act of August 30, 1935 (49 Stat. 1034, chapter
831), was intended to include irrigation projects and other activities
designed to promote economic growth, many of those projects were never
completed, to the detriment of the local communities flooded by the Fort
Peck Dam;
(5) the process of developing an environmental impact statement for the
update of the Corps of Engineers Master Manual for the operation of the
Missouri River recognized the need for greater support of recreation
activities and other authorized purposes of the Fort Peck project;
(6)(A) although fish stocking is included among the authorized purposes
of the Fort Peck project, the State of Montana has funded the stocking of
Fort Peck Lake since 1947; and
(B) the obligation to fund the stocking constitutes an undue burden on
the State; and
(7) a viable multispecies fishery would spur economic development in the
region.
(b) PURPOSES- The purposes of this section are--
(1) to authorize and provide funding for the design and construction of
a multispecies fish hatchery at Fort Peck Lake, Montana; and
(2) to ensure stable operation and maintenance of the fish
hatchery.
(c) DEFINITIONS- In this section, the following definitions apply:
(1) FORT PECK LAKE- The term `Fort Peck Lake' means the reservoir
created by the damming of the upper Missouri River in northeastern
Montana.
(2) HATCHERY PROJECT- The term `hatchery project' means the project
authorized by subsection (d).
(d) AUTHORIZATION- The Secretary shall carry out a project at Fort Peck
Lake, Montana, for the design and construction of a fish hatchery and such
associated facilities as are necessary to sustain a multispecies fishery.
(1) DESIGN AND CONSTRUCTION-
(A) FEDERAL SHARE- The Federal share of the costs of design and
construction of the hatchery project shall be 75 percent.
(B) FORM OF NON-FEDERAL SHARE- The non-Federal share of the costs of
the hatchery project may be provided in the form of cash or in the form of
land, easements, rights-of-way, services, roads, or any other form of
in-kind contribution determined by the Secretary to be
appropriate.
(C) REQUIRED CREDITING- The Secretary shall credit toward the
non-Federal share of the costs of the hatchery project--
(i) the costs to the State of Montana of stocking Fort Peck Lake
during the period beginning January 1, 1947; and
(ii) the costs to the State of Montana and the counties having
jurisdiction over land surrounding Fort Peck Lake of construction of
local access roads to the lake.
(2) OPERATION, MAINTENANCE, REPAIR, AND REPLACEMENT-
(A) IN GENERAL- Except as provided in subparagraph (B), the operation,
maintenance, repair, and replacement of the hatchery project shall be a
non-Federal responsibility.
(B) COSTS ASSOCIATED WITH THREATENED AND ENDANGERED SPECIES- The costs
of operation and maintenance associated with raising threatened or
endangered species shall be a Federal responsibility.
(f) AUTHORIZATION OF APPROPRIATIONS-
(1) IN GENERAL- There are authorized to be appropriated--
(A) $20,000,000 to carry out this section (other than subsection
(e)(2)(B)); and
(B) such sums as are necessary to carry out subsection
(e)(2)(B).
(2) AVAILABILITY OF FUNDS- Sums made available to carry out this section
shall remain available until expended.
SEC. 326. SAGAMORE CREEK, NEW HAMPSHIRE.
The Secretary shall carry out maintenance dredging of the Sagamore Creek
Channel, New Hampshire.
SEC. 327. PASSAIC RIVER BASIN FLOOD MANAGEMENT, NEW JERSEY.
(a) IN GENERAL- The project for flood control, Passaic River, New Jersey
and New York, authorized by section 101(a)(18) of the Water Resources
Development Act of 1990 (104 Stat. 4607), is modified to direct the Secretary
to give priority to nonstructural approaches for flood control as alternatives
to the construction of the Passaic River tunnel element, while maintaining the
integrity of other separable mainstream project elements, wetland banks, and
other independent projects that were authorized to be carried out in the
Passaic River basin before the date of enactment of this Act.
(b) REEVALUATION OF FLOODWAY STUDY- The Secretary shall review the Passaic
River floodway buyout study, dated October 1995, to calculate the benefits of
a buyout and environmental restoration using the method used to calculate the
benefits of structural projects under section 308(b) of the Water Resources
Development Act of 1990 (33 U.S.C. 2318(b)).
(c) REEVALUATION OF 10-YEAR FLOODPLAIN STUDY- The Secretary shall review
the Passaic River buyout study of the 10-year floodplain beyond the floodway
of the central Passaic River basin, dated September 1995, to calculate the
benefits of a buyout and environmental restoration using the method used to
calculate the benefits of structural projects under section 308(b) of the
Water Resources Development Act of 1990 (33 U.S.C. 2318(b)).
(d) PRESERVATION OF NATURAL STORAGE AREAS-
(1) IN GENERAL- The Secretary shall reevaluate the acquisition, from
willing sellers, for flood protection purposes, of wetlands in the central
Passaic River basin to supplement the wetland acquisition authorized by
section 101(a)(18)(C)(vi) of the Water Resources Development Act of 1990
(104 Stat. 4609).
(2) PURCHASE- If the Secretary determines that the acquisition of
wetlands evaluated under paragraph (1) is economically justified, the
Secretary shall purchase the wetlands, with the goal of purchasing not more
than 8,200 acres.
(e) STREAMBANK EROSION CONTROL STUDY- The Secretary shall review relevant
reports and conduct a study to determine the feasibility of carrying out a
project for environmental restoration, erosion control, and streambank
restoration along the Passaic River, from Dundee Dam to Kearny Point, New
Jersey.
(f) PASSAIC RIVER FLOOD MANAGEMENT TASK FORCE-
(1) ESTABLISHMENT- The Secretary, in cooperation with the non-Federal
interest, shall establish a task force, to be known as the `Passaic River
Flood Management Task Force', to provide advice to the Secretary concerning
all aspects of the Passaic River flood management project.
(2) MEMBERSHIP- The task force shall be composed of 22 members,
appointed as follows:
(A) APPOINTMENT BY SECRETARY- The Secretary shall appoint 1 member to
represent the Corps of Engineers and to provide technical advice to the
task force.
(B) APPOINTMENTS BY GOVERNOR OF NEW JERSEY- The Governor of New Jersey
shall appoint 20 members to the task force, as follows:
(i) 2 representatives of the New Jersey legislature who are members
of different political parties.
(ii) 3 representatives of the State of New Jersey.
(iii) 1 representative of each of Bergen, Essex, Morris, and Passaic
Counties, New Jersey.
(iv) 6 representatives of governments of municipalities affected by
flooding within the Passaic River basin.
(v) 1 representative of the Palisades Interstate Park
Commission.
(vi) 1 representative of the North Jersey District Water Supply
Commission.
(vii) 1 representative of each of the Association of New Jersey
Environmental Commissions, the Passaic River Coalition, and the Sierra
Club.
(C) APPOINTMENT BY GOVERNOR OF NEW YORK- The Governor of New York
shall appoint 1 representative of the State of New York to the task
force.
(A) REGULAR MEETINGS- The task force shall hold regular
meetings.
(B) OPEN MEETINGS- The meetings of the task force shall be open to the
public.
(4) ANNUAL REPORT- The task force shall transmit annually to the
Secretary and to the non-Federal interest a report describing the
achievements of the Passaic River flood management project in preventing
flooding and any impediments to completion of the project.
(5) EXPENDITURE OF FUNDS- The Secretary may use funds made available to
carry out the Passaic River basin flood management project to pay the
administrative expenses of the task force.
(6) TERMINATION- The task force shall terminate on the date on which the
Passaic River flood management project is completed.
(g) ACQUISITION OF LANDS IN THE FLOODWAY- Section 1148 of the Water
Resources Development Act of 1986 (100 Stat. 4254; 110 Stat. 3718) is amended
by adding at the end the following:
`(e) CONSISTENCY WITH NEW JERSEY BLUE ACRES PROGRAM- The Secretary shall
carry out this section in a manner that is consistent with the Blue Acres
Program of the State of New Jersey.'.
(h) STUDY OF HIGHLANDS LAND CONSERVATION- The Secretary, in cooperation
with the Secretary of Agriculture and the State of New Jersey, may study the
feasibility of conserving land in the Highlands region of New Jersey and New
York to provide additional flood protection for residents of the Passaic River
basin in accordance with section 212 of the Water Resources Development Act of
1999 (33 U.S.C. 2332).
(i) RESTRICTION ON USE OF FUNDS- The Secretary shall not obligate any
funds to carry out design or construction of the tunnel element of the Passaic
River flood control project, as authorized by section 101(a)(18)(A) of the
Water Resources Development Act of 1990 (104 Stat. 4607).
SEC. 328. TIMES BEACH NATURE PRESERVE, BUFFALO, NEW YORK.
The project for improving the quality of the environment, Times Beach
Nature Preserve, Buffalo, New York, carried out under section 1135 of the
Water Resources Development Act of 1986 (33 U.S.C. 2309a), is modified to
include recreation as a project purpose.
SEC. 329. ROCKAWAY INLET TO NORTON POINT, NEW YORK.
(a) IN GENERAL- The project for shoreline protection, Atlantic Coast of
New York City from Rockaway Inlet to Norton Point (Coney Island Area), New
York, authorized by section 501(a) of the Water Resources Development Act of
1986 (100 Stat. 4135), is modified to authorize the Secretary to construct
T-groins to improve sand retention down drift of the West 37th Street groin,
in the Sea Gate area of Coney Island, New York, as identified in the March
1998 report prepared for the Corps of Engineers, 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.
(b) COST SHARING- The non-Federal share of the costs of constructing the
T-groins under subsection (a) shall be 35 percent.
(c) CONFORMING AMENDMENT- Section 541 of the Water Resources Development
Act of 1999 (113 Stat. 350) is repealed.
SEC. 330. GARRISON DAM, NORTH DAKOTA.
The Secretary shall conduct a study of the Garrison Dam, North Dakota,
feature of the project for flood control, Missouri River Basin, authorized by
section 9(a) of the Flood Control Act of December 22, 1944 (58 Stat. 891), to
determine if the damage to the water transmission line for Williston, North
Dakota, is the result of a design deficiency and, if the Secretary determines
that the damage is the result of a design deficiency, shall correct the
deficiency.
SEC. 331. DUCK CREEK, OHIO.
(a) IN GENERAL- The project for flood control, Duck Creek, Ohio,
authorized by section 101(a)(24) of the Water Resources Development Act of
1996 (110 Stat. 3665), is modified to authorize the Secretary to carry out the
project at a total cost of $36,323,000.
(b) NON-FEDERAL SHARE- Notwithstanding section 103 of the Water Resources
Development Act of 1986 (33 U.S.C. 2213), the non-Federal share of the cost of
the project shall not exceed $4,200,000.
SEC. 332. JOHN DAY POOL, OREGON AND WASHINGTON.
(a) EXTINGUISHMENT OF REVERSIONARY INTERESTS AND USE RESTRICTIONS- With
respect to the land described in each deed specified in subsection (b)--
(1) the reversionary interests and the use restrictions relating to port
or industrial purposes are extinguished;
(2) the human habitation or other building structure use restriction is
extinguished in each area where the elevation is above the standard project
flood elevation; and
(3) the use of fill material to raise low areas above the standard
project flood elevation is authorized, except in any low area constituting
wetland for which a permit under section 404 of the Federal Water Pollution
Control Act (33 U.S.C. 1344) would be required.
(b) AFFECTED DEEDS- Subsection (a) applies to deeds with the following
county auditors' numbers:
(1) Auditor's Microfilm Numbers 229 and 16226 of Morrow County, Oregon,
executed by the United States.
(2) The portion of the land conveyed in a deed executed by the United
States and bearing Benton County, Washington, Auditor's File Number 601766,
described as a tract of land lying in sec. 7, T. 5 N., R. 28 E., Willamette
meridian, Benton County, Washington, being more particularly described by
the following boundaries:
(A) Commencing at the point of intersection of the centerlines of
Plymouth Street and Third Avenue in the First Addition to the Town of
Plymouth (according to the duly recorded plat thereof).
(B) Thence west along the centerline of Third Avenue, a distance of
565 feet.
(C) Thence south 54 10 west, to a point on the west line of Tract 18
of that Addition and the true point of beginning.
(D) Thence north, parallel with the west line of that sec. 7, to a
point on the north line of that sec. 7.
(E) Thence west along the north line thereof to the northwest corner
of that sec. 7.
(F) Thence south along the west line of that sec. 7 to a point on the
ordinary high water line of the Columbia River.
(G) Thence northeast along that high water line to a point on the
north and south coordinate line of the Oregon Coordinate System, North
Zone, that coordinate line being east 2,291,000 feet.
(H) Thence north along that line to a point on the south line of First
Avenue of that Addition.
(I) Thence west along First Avenue to a point on the southerly
extension of the west line of T. 18.
(J) Thence north along that west line of T. 18 to the point of
beginning.
SEC. 333. FOX POINT HURRICANE BARRIER, PROVIDENCE, RHODE
ISLAND.
Section 352 of the Water Resources Development Act of 1999 (113 Stat. 310)
is amended--
(1) by inserting `(a) IN GENERAL- ' before `The'; and
(2) by adding at the end the following:
`(b) CREDIT TOWARD NON-FEDERAL SHARE- The Secretary shall credit toward
the non-Federal share of the cost of the project, or reimburse the non-Federal
interest, for the Federal share of the costs of repairs authorized under
subsection (a) that are incurred by the non-Federal interest before the date
of execution of the project cooperation agreement.'.
SEC. 334. NONCONNAH CREEK, TENNESSEE AND MISSISSIPPI.
The project for flood control, Nonconnah Creek, Tennessee and Mississippi,
authorized by section 401(a) of the Water Resources Development Act of 1986
(100 Stat. 4124), is modified to authorize the Secretary--
(1) to extend the area protected by the flood control element of the
project upstream approximately 5 miles to Reynolds Road; and
(2) to extend the hiking and biking trails of the recreational element
of the project from 8.8 to 27 miles;
if the Secretary determines that it is technically sound, environmentally
acceptable, and economically justified.
SEC. 335. SAN ANTONIO CHANNEL, SAN ANTONIO, TEXAS.
The project for flood control, San Antonio channel, Texas, authorized by
section 203 of the Flood Control Act of 1954 (68 Stat. 1259) as part of the
comprehensive plan for flood protection on the Guadalupe and San Antonio
Rivers in Texas, and modified by section 103 of the Water Resources
Development Act of 1976 (90 Stat. 2921), is further modified to include
environmental restoration and recreation as project purposes.
SEC. 336. BUCHANAN AND DICKENSON COUNTIES, VIRGINIA.
The project for flood control, Levisa and Tug Forks of the Big Sandy River
and Upper Cumberland River, authorized by section 202 of the Energy and Water
Development Appropriation Act, 1981 (94 Stat. 1339), and modified by section
352 of the Water Resources Development Act of 1996 (110 Stat. 3724-3725), is
further modified to direct the Secretary to determine the ability of Buchanan
and Dickenson Counties, Virginia, to pay the non-Federal share of the cost of
the project based solely on the criterion specified in section 103(m)(3)(A)(i)
of the Water Resources Development Act of 1986 (33 U.S.C.
2213(m)(3)(A)(i)).
SEC. 337. BUCHANAN, DICKENSON, AND RUSSELL COUNTIES, VIRGINIA.
(a) IN GENERAL- Subject to subsection (b), at the request of the John
Flannagan Water Authority, Dickenson County, Virginia, the Secretary may
reallocate, under section 322 of the Water Resources Development Act of 1990
(33 U.S.C. 2324), water supply storage space in the John Flannagan Reservoir,
Dickenson County, Virginia, sufficient to yield water withdrawals in amounts
not to exceed 3,000,000 gallons per day in order to provide water for the
communities in Buchanan, Dickenson, and Russell Counties, Virginia,
notwithstanding the limitation in section 322(b) of such Act.
(b) LIMITATION- The Secretary may only make the reallocation under
subsection (a) to the extent the Secretary determines that such reallocation
will not have an adverse impact on other project purposes of the John
Flannagan Reservoir.
SEC. 338. SANDBRIDGE BEACH, VIRGINIA BEACH, VIRGINIA.
The project for beach erosion control and hurricane protection, Sandbridge
Beach, Virginia Beach, Virginia, authorized by section 101(22) of the Water
Resources Development Act of 1992 (106 Stat. 4804), is modified to direct the
Secretary to provide 50 years of periodic beach nourishment beginning on the
date on which construction of the project was initiated in 1998.
SEC. 339. MOUNT ST. HELENS, WASHINGTON.
The project for sediment control, Mount St. Helens, Washington, authorized
by chapter IV of title I of the Supplemental Appropriations Act, 1985 (99
Stat. 318), is modified to authorize the Secretary to maintain, for Longview,
Kelso, Lexington, and Castle Rock on the Cowlitz River, Washington, the flood
protection levels specified in the October 1985 report of the Chief of
Engineers entitled `Mount St. Helens, Washington, Decision Document (Toutle,
Cowlitz, and Columbia Rivers)', published as House Document No. 135, 99th
Congress.
SEC. 340. LOWER MUD RIVER, MILTON, WEST VIRGINIA.
The project for flood damage reduction, Lower Mud River, Milton, West
Virginia, authorized by section 580 of the Water Resources Development Act of
1996 (110 Stat. 3790), is modified to direct the Secretary to carry out the
project.
SEC. 341. FOX RIVER SYSTEM, WISCONSIN.
Section 332(a) of the Water Resources Development Act of 1992 (106 Stat.
4852) is amended--
(1) by striking `The Secretary' and inserting the following:
`(1) IN GENERAL- The Secretary'; and
(2) by adding at the end the following:
`(2) PAYMENTS TO STATE- The terms and conditions of the transfer may
include 1 or more payments to the State of Wisconsin to assist the State in
paying the costs of repair and rehabilitation of the transferred locks and
appurtenant features.'.
SEC. 342. CHESAPEAKE BAY OYSTER RESTORATION.
Section 704(b) of the Water Resources Development Act of 1986 (33 U.S.C.
2263(b)) is amended--
(1) in the second sentence by striking `$7,000,000' and inserting
`$20,000,000';
(2) by striking paragraph (4) and inserting the following:
`(4) the construction of reefs and related clean shell substrate for
fish habitat, including manmade 3-dimensional oyster reefs, in the
Chesapeake Bay and its tributaries in Maryland and Virginia if the reefs are
preserved as permanent sanctuaries by the non-Federal interests, consistent
with the recommendations of the scientific consensus document on Chesapeake
Bay oyster restoration dated June 1999.'; and
(3) by inserting after `25 percent.' the following: `In carrying out
paragraph (4), the Chief of Engineers may solicit participation by and the
services of commercial watermen in the construction of the reefs.'.
SEC. 343. GREAT LAKES DREDGING LEVELS ADJUSTMENT.
(a) DEFINITION OF GREAT LAKE- In this section, the term `Great Lake' means
Lake Superior, Lake Michigan, Lake Huron (including Lake St. Clair), Lake
Erie, and Lake Ontario (including the St. Lawrence River to the 45th parallel
of latitude).
(b) DREDGING LEVELS- In operating and maintaining Federal channels and
harbors of, and the connecting channels between, the Great Lakes, the
Secretary shall conduct such dredging as is necessary to ensure minimal
operation depths consistent with the original authorized depths of the
channels and harbors when water levels in the Great Lakes are, or are forecast
to be, below the International Great Lakes Datum of 1985.
SEC. 344. GREAT LAKES REMEDIAL ACTION PLANS AND SEDIMENT
REMEDIATION.
Section 401 of the Water Resources Development Act of 1990 (33 U.S.C. 1268
note; 104 Stat. 4644; 110 Stat. 3763; 113 Stat. 338) is amended--
(1) in subsection (a)(2)(A) by striking `50 percent' and inserting `35
percent';
(A) by striking paragraph (3);
(B) in the first sentence of paragraph (4) by striking `50 percent'
and inserting `35 percent'; and
(C) by redesignating paragraph (4) as paragraph (3); and
(3) in subsection (c) by striking `$5,000,000 for each of fiscal years
1998 through 2000.' and inserting `$10,000,000 for each of fiscal years 2001
through 2006.'.
SEC. 345. TREATMENT OF DREDGED MATERIAL FROM LONG ISLAND
SOUND.
(a) IN GENERAL- Not later than December 31, 2002, the Secretary shall
carry out a demonstration program for the use of innovative sediment treatment
technologies for the treatment of dredged material from Long Island Sound.
(b) PROJECT CONSIDERATIONS- In carrying out subsection (a), the Secretary
shall, to the maximum extent practicable--
(1) encourage partnerships between the public and private sectors;
(2) build on treatment technologies that have been used successfully in
demonstration or full-scale projects (including projects carried out in the
States of New York, New Jersey, and Illinois), such as technologies
described in--
(A) section 405 of the Water Resources Development Act of 1992 (33
U.S.C. 2239 note; 106 Stat. 4863); and
(B) section 503 of the Water Resources Development Act of 1999 (33
U.S.C. 2314 note; 113 Stat. 337);
(3) ensure that dredged material from Long Island Sound that is treated
under the demonstration project is disposed of by beneficial reuse, by open
water disposal, or at a licensed waste facility, as appropriate; and
(4) ensure that the demonstration project is consistent with the
findings and requirements of any draft environmental impact statement on the
designation of 1 or more dredged material disposal sites in Long Island
Sound that is scheduled for completion in 2001.
(c) NON-FEDERAL SHARE- The non-Federal share of the cost of each project
carried out under the demonstration program authorized by this section shall
be 35 percent.
(d) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be
appropriated to carry out this section $20,000,000.
SEC. 346. DECLARATION OF NONNAVIGABILITY FOR LAKE ERIE, NEW
YORK.
(a) AREA TO BE DECLARED NONNAVIGABLE; PUBLIC INTEREST- Unless the
Secretary finds, after consultation with local and regional public officials
(including local and regional public planning organizations), that the
proposed projects to be undertaken within the boundaries in the portion of
Erie County, New York, described in subsection (b), are not in the public
interest then, subject to subsection (c), those portions of such county that
were once part of Lake Erie and are now filled are declared to be nonnavigable
waters of the United States.
(b) BOUNDARIES- The portion of Erie County, New York, referred to in
subsection (a) is all that tract or parcel of land, situated in the town of
Hamburg and the city of Lackawanna, Erie County, New York, being part of Lots
12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, and 25 of the Ogden Gore
Tract and part of Lots 23, 24, and 36 of the Buffalo Creek Reservation,
Township 10, Range 8 of the Holland Land Company's Survey and more
particularly bounded and described as follows:
Beginning at a point on the westerly highway boundary of Hamburg
Turnpike (66.0 feet wide), said point being 547.89 feet South 193646 East
from the intersection of the westerly highway boundary of Hamburg Turnpike
(66.0 feet wide) and the northerly line of the City of Lackawanna (also
being the southerly line of the City of Buffalo); thence South 193646 East
along the westerly highway boundary of Hamburg Turnpike (66.0 feet wide) a
distance of 628.41 feet; thence along the westerly highway boundary of
Hamburg Turnpike as appropriated by the New York State Department of Public
Works as shown on Map No. 40-R2, Parcel No. 44 the following 20 courses and
distances:
(1) South 100007 East a distance of 164.30 feet;
(2) South 184045 East a distance of 355.00 feet;
(3) South 712335 West a distance of 2.00 feet;
(4) South 184045 East a distance of 223.00 feet;
(5) South 222936 East a distance of 150.35 feet;
(6) South 184045 East a distance of 512.00 feet;
(7) South 164953 East a distance of 260.12 feet;
(8) South 183420 East a distance of 793.00 feet;
(9) South 712335 West a distance of 4.00 feet;
(10) South 181324 East a distance of 132.00 feet;
(11) North 712335 East a distance of 4.67 feet;
(12) South 183000 East a distance of 38.00 feet;
(13) South 712335 West a distance of 4.86 feet;
(14) South 181324 East a distance of 160.00 feet;
(15) South 712335 East a distance of 9.80 feet;
(16) South 183625 East a distance of 159.00 feet;
(17) South 712335 West a distance of 3.89 feet;
(18) South 183420 East a distance of 180.00 feet;
(19) South 205605 East a distance of 138.11 feet;
(20) South 225355 East a distance of 272.45 feet to a point on the
westerly highway boundary of Hamburg Turnpike.
Thence southerly along the westerly highway boundary of Hamburg
Turnpike, South 183625 East, a distance of 2228.31 feet; thence along the
westerly highway boundary of Hamburg Turnpike as appropriated by the New
York State Department of Public Works as shown on Map No. 27 Parcel No. 31
the following 2 courses and distances:
(1) South 161725 East a distance of 74.93 feet;
(2) along a curve to the right having a radius of 1004.74 feet; a
chord distance of 228.48 feet along a chord bearing of South 081216 East,
a distance of 228.97 feet to a point on the westerly highway boundary of
Hamburg Turnpike.
Thence southerly along the westerly highway boundary of Hamburg
Turnpike, South 43535 West a distance of 940.87 feet; thence along the
westerly highway boundary of Hamburg Turnpike as appropriated by the New
York State Department of Public Works as shown on Map No. 1 Parcel No. 1 and
Map No. 5 Parcel No. 7 the following 18 courses and distances:
(1) North 852425 West a distance of 1.00 feet;
(2) South 70117 West a distance of 170.15 feet;
(3) South 50254 West a distance of 180.00 feet;
(4) North 852425 West a distance of 3.00 feet;
(5) South 50254 West a distance of 260.00 feet;
(6) South 50911 West a distance of 110.00 feet;
(7) South 03435 West a distance of 110.27 feet;
(8) South 45037 West a distance of 220.00 feet;
(9) South 45037 West a distance of 365.00 feet;
(10) South 852425 East a distance of 5.00 feet;
(11) South 40620 West a distance of 67.00 feet;
(12) South 60435 West a distance of 248.08 feet;
(13) South 31827 West a distance of 52.01 feet;
(14) South 45558 West a distance of 133.00 feet;
(15) North 852425 West a distance of 1.00 feet;
(16) South 45558 West a distance of 45.00 feet;
(17) North 852425 West a distance of 7.00 feet;
(18) South 45612 West a distance of 90.00 feet.
Thence continuing along the westerly highway boundary of Lake Shore Road
as appropriated by the New York State Department of Public Works as shown on
Map No. 7, Parcel No. 7 the following 2 courses and distances:
(1) South 45558 West a distance of 127.00 feet;
(2) South 22925 East a distance of 151.15 feet to a point on the
westerly former highway boundary of Lake Shore Road.
Thence southerly along the westerly formerly highway boundary of Lake
Shore Road, South 43535 West a distance of 148.90 feet; thence along the
westerly highway boundary of Lake Shore Road as appropriated by the New York
State Department of Public Works as shown on Map No. 7, Parcel No. 8 the
following 3 courses and distances:
(1) South 553435 West a distance of 12.55 feet;
(2) South 43535 West a distance of 118.50 feet;
(3) South 30400 West a distance of 62.95 feet to a point on the south
line of the lands of South Buffalo Railway Company.
Thence southerly and easterly along the lands of South Buffalo Railway
Company the following 5 courses and distances:
(1) North 892514 West a distance of 697.64 feet;
(2) along a curve to the left having a radius of 645.0 feet; a chord
distance of 214.38 feet along a chord bearing of South 401648 West, a
distance of 215.38 feet;
(3) South 304249 West a distance of 76.96 feet;
(4) South 220603 West a distance of 689.43 feet;
(5) South 360923 West a distance of 30.93 feet to the northerly line
of the lands of Buffalo Crushed Stone, Inc.
Thence North 871338 West a distance of 2452.08 feet to the shore line
of Lake Erie; thence northerly along the shore of Lake Erie the following 43
courses and distances:
(1) North 162953 West a distance of 267.84 feet;
(2) North 242500 West a distance of 195.01 feet;
(3) North 264500 West a distance of 250.00 feet;
(4) North 311500 West a distance of 205.00 feet;
(5) North 213500 West a distance of 110.00 feet;
(6) North 440053 West a distance of 26.38 feet;
(7) North 334918 West a distance of 74.86 feet;
(8) North 342626 West a distance of 12.00 feet;
(9) North 310616 West a distance of 72.06 feet;
(10) North 223500 West a distance of 150.00 feet;
(11) North 163500 West a distance of 420.00 feet;
(12) North 211000 West a distance of 440.00 feet;
(13) North 175500 West a distance of 340.00 feet;
(14) North 280500 West a distance of 375.00 feet;
(15) North 162500 West a distance of 585.00 feet;
(16) North 221000 West a distance of 160.00 feet;
(17) North 24636 West a distance of 65.54 feet;
(18) North 160108 West a distance of 70.04 feet;
(19) North 490700 West a distance of 79.00 feet;
(20) North 191600 West a distance of 425.00 feet;
(21) North 163700 West a distance of 285.00 feet;
(22) North 252000 West a distance of 360.00 feet;
(23) North 330000 West a distance of 230.00 feet;
(24) North 324000 West a distance of 310.00 feet;
(25) North 271000 West a distance of 130.00 feet;
(26) North 232000 West a distance of 315.00 feet;
(27) North 182004 West a distance of 302.92 feet;
(28) North 201548 West a distance of 387.18 feet;
(29) North 142000 West a distance of 530.00 feet;
(30) North 164000 West a distance of 260.00 feet;
(31) North 283500 West a distance of 195.00 feet;
(32) North 183000 West a distance of 170.00 feet;
(33) North 263000 West a distance of 340.00 feet;
(34) North 320752 West a distance of 232.38 feet;
(35) North 300426 West a distance of 17.96 feet;
(36) North 231913 West a distance of 111.23 feet;
(37) North 70758 West a distance of 63.90 feet;
(38) North 81102 West a distance of 378.90 feet;
(39) North 150102 West a distance of 190.64 feet;
(40) North 25500 West a distance of 170.00 feet;
(41) North 64500 West a distance of 240.00 feet;
(42) North 01000 East a distance of 465.00 feet;
(43) North 20038 West a distance of 378.58 feet to the northerly line
of Letters Patent dated February 21, 1968 and recorded in the Erie County
Clerk's Office under Liber 7453 of Deeds at Page 45.
Thence North 712335 East along the north line of the aforementioned
Letters Patent a distance of 154.95 feet to the shore line; thence along the
shore line the following 6 courses and distances:
(1) South 801401 East a distance of 119.30 feet;
(2) North 461513 East a distance of 47.83 feet;
(3) North 595302 East a distance of 53.32 feet;
(4) North 382043 East a distance of 27.31 feet;
(5) North 681246 East a distance of 48.67 feet;
(6) North 261147 East a distance of 11.48 feet to the northerly line
of the aforementioned Letters Patent.
Thence along the northerly line of said Letters Patent, North 712335
East a distance of 1755.19 feet; thence South 352725 East a distance of
35.83 feet to a point on the U.S. Harbor Line; thence, North 540235 East
along the U.S. Harbor Line a distance of 200.00 feet; thence continuing
along the U.S. Harbor Line, North 500145 East a distance of 379.54 feet to
the westerly line of the lands of Gateway Trade Center, Inc.; thence along
the lands of Gateway Trade Center, Inc. the following 27 courses and
distances:
(1) South 184453 East a distance of 623.56 feet;
(2) South 343300 East a distance of 200.00 feet;
(3) South 261855 East a distance of 500.00 feet;
(4) South 190640 East a distance of 1074.29 feet;
(5) South 280318 East a distance of 242.44 feet;
(6) South 183850 East a distance of 1010.95 feet;
(7) North 712051 East a distance of 90.42 feet;
(8) South 184920 East a distance of 158.61 feet;
(9) South 805510 East a distance of 45.14 feet;
(10) South 180445 East a distance of 52.13 feet;
(11) North 710723 East a distance of 102.59 feet;
(12) South 184140 East a distance of 63.00 feet;
(13) South 710723 West a distance of 240.62 feet;
(14) South 183850 East a distance of 668.13 feet;
(15) North 712846 East a distance of 958.68 feet;
(16) North 184231 West a distance of 1001.28 feet;
(17) South 711729 West a distance of 168.48 feet;
(18) North 184231 West a distance of 642.00 feet;
(19) North 711737 East a distance of 17.30 feet;
(20) North 184231 West a distance of 574.67 feet;
(21) North 711729 East a distance of 151.18 feet;
(22) North 184231 West a distance of 1156.43 feet;
(23) North 712921 East a distance of 569.24 feet;
(24) North 183039 West a distance of 314.71 feet;
(25) North 705936 East a distance of 386.47 feet;
(26) North 183039 West a distance of 70.00 feet;
(27) North 705936 East a distance of 400.00 feet to the place or
point of beginning.
Containing 1,142.958 acres.
(c) LIMITS ON APPLICABILITY; REGULATORY REQUIREMENTS- The declaration
under subsection (a) shall apply to those parts of the areas described in
subsection (b) that are filled portions of Lake Erie. Any work on these filled
portions shall be subject to all applicable Federal statutes and regulations,
including sections 9 and 10 of the Act of March 3, 1899 (33 U.S.C. 401 and
403), section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344),
and the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(d) EXPIRATION DATE- If, 20 years from the date of enactment of this Act,
any area or part thereof described in subsection (a) is not occupied by
permanent structures in accordance with the requirements set out in subsection
(c), or if work in connection with any activity permitted in subsection (c) is
not commenced within 5 years after issuance of such permits, then the
declaration of nonnavigability for such area or part thereof shall expire.
SEC. 347. PROJECT DEAUTHORIZATIONS.
(a) IN GENERAL- The following projects or portions of projects are not
authorized after the date of enactment of this Act:
(1) BLACK WARRIOR AND TOMBIGBEE RIVERS, JACKSON, ALABAMA- The project
for navigation, Black Warrior and Tombigbee Rivers, vicinity of Jackson,
Alabama, authorized by section 106 of the Energy and Water Development
Appropriations Act, 1987 (100 Stat. 3341-199).
(2) SACRAMENTO DEEP WATER SHIP CHANNEL, CALIFORNIA- The portion of the
project for navigation, Sacramento Deep Water Ship Channel, California,
authorized by section 202(a) of the Water Resources Development Act of 1986
(100 Stat. 4092), beginning from the confluence of the Sacramento River and
the Barge Canal to a point 3,300 feet west of the William G. Stone Lock
western gate (including the William G. Stone Lock and the Bascule Bridge and
Barge Canal). All waters within such portion of the project are declared to
be nonnavigable waters of the United States solely for the purposes of the
General Bridge Act of 1946 (33 U.S.C. 525 et seq.) and section 9 of the Act
of March 3, 1899 (33 U.S.C. 401).
(3) BAY ISLAND CHANNEL, QUINCY, ILLINOIS- The access channel across Bay
Island into Quincy Bay at Quincy, Illinois, constructed under section 107 of
the River and Harbor Act of 1960 (33 U.S.C. 577).
(4) WARSAW BOAT HARBOR, ILLINOIS- The portion of the project for
navigation, Illinois Waterway, Illinois and Indiana, authorized by section
101 of the River and Harbor Act of 1962 (76 Stat. 1175), known as the
`Warsaw Boat Harbor, Illinois'.
(5) KENNEBUNK RIVER, KENNEBUNK AND KENNEBUNKPORT, MAINE- The following
portion of the project for navigation, Kennebunk River, Maine, authorized by
section 101 of the River and Harbor Act of 1962 (76 Stat. 1173): The portion
of the northernmost 6-foot deep anchorage the boundaries of which begin at a
point with coordinates N1904693.6500, E418084.2700, thence running south 01
degree 04 minutes 50.3 seconds 35 feet to a point with coordinates
N190434.6562, E418084.9301, thence running south 15 degrees 53 minutes 45.5
seconds 416.962 feet to a point with coordinates N190033.6386, E418199.1325,
thence running north 03 degrees 11 minutes 30.4 seconds 70 feet to a point
with coordinates N190103.5300, E418203.0300, thence running north 17 degrees
58 minutes 18.3 seconds west 384.900 feet to the point of origin.
(6) ROCKPORT HARBOR, MASSACHUSETTS- The following portions of the
project for navigation, Rockport Harbor, Massachusetts, carried out under
section 107 of the River and Harbor Act of 1960 (33 U.S.C. 577):
(A) The portion of the 10-foot harbor channel the boundaries of which
begin at a point with coordinates N605,741.948, E838,031.378, thence
running north 36 degrees 04 minutes 40.9 seconds east 123.386 feet to a
point N605,642.226, E838,104.039, thence running south 05 degrees 08
minutes 35.1 seconds east 24.223 feet to a point N605,618.100,
E838,106.210, thence running north 41 degrees 05 minutes 10.9 seconds west
141.830 feet to a point N605,725.000, E838,013.000, thence running north
47 degrees 19 minutes 04.1 seconds east 25.000 feet to the point of
origin.
(B) The portion of the 8-foot north basin entrance channel the
boundaries of which begin at a point with coordinates N605,742.699,
E837,977.129, thence running south 89 degrees 12 minutes 27.1 seconds east
54.255 feet to a point N605,741.948, E838,031.378, thence running south 47
degrees 19 minutes 04.1 seconds west 25.000 feet to a point N605,725.000,
E838,013.000, thence running north 63 degrees 44 minutes 19.0 seconds west
40.000 feet to the point of origin.
(C) The portion of the 8-foot south basin anchorage the boundaries of
which begin at a point with coordinates N605,563.770, E838,111.100, thence
running south 05 degrees 08 minutes 35.1 seconds east 53.460 feet to a
point N605,510.525, E838,115.892, thence running south 52 degrees 10
minutes 55.5 seconds west 145.000 feet to a point N605,421.618,
E838,001.348, thence running north 37 degrees 49 minutes 04.5 seconds west
75.121 feet to a point N605,480.960, E837,955.287, thence running south 64
degrees 52 minutes 33.9 seconds east 33.823 feet to a point N605,466.600,
E837,985.910, thence running north 52 degrees 10 minutes 55.5 seconds east
158.476 feet to the point of origin.
(7) SCITUATE HARBOR, MASSACHUSETTS- The portion of the project for
navigation, Scituate Harbor, Massachusetts, authorized by section 101 of the
River and Harbor Act of 1954 (68 Stat. 1249), consisting of an 8-foot
anchorage basin and described as follows: Beginning at a point with
coordinates N438,739.53, E810,354.75, thence running northwesterly about
200.00 feet to coordinates N438,874.02, E810,206.72, thence running
northeasterly about 400.00 feet to coordinates N439,170.07, E810,475.70,
thence running southwesterly about 447.21 feet to the point of origin.
(8) DULUTH-SUPERIOR HARBOR, MINNESOTA AND WISCONSIN- The portion of the
project for navigation, Duluth-Superior Harbor, Minnesota and Wisconsin,
authorized by the first section of the Act entitled `An Act making
appropriations for the construction, repair, and preservation of certain
public works on rivers and harbors, and for other purposes', approved June
3, 1896 (29 Stat. 212), known as the 21st Avenue West Channel, beginning at
the most southeasterly point of the channel N423074.09, E2871635.43 thence
running north-northwest about 1854.83 feet along the easterly limit of the
project to a point N424706.69, E2870755.48, thence running northwesterly
about 111.07 feet to a point on the northerly limit of the project
N424777.27, E2870669.46, thence west-southwest 157.88 feet along the north
limit of the project to a point N424703.04, E2870530.38, thence
south-southeast 1978.27 feet to the most southwesterly point N422961.45,
E2871469.07, thence northeasterly 201.00 feet along the southern limit of
the project to the point of origin.
(9) TREMLEY POINT, NEW JERSEY- The portion of the Federal navigation
channel, New York and New Jersey Channels, New York and New Jersey,
authorized by the first section of the Act entitled `An Act authorizing the
construction, repair, and preservation of certain public works on rivers and
harbors, and for other purposes', approved August 30, 1935 (49 Stat. 1030),
and modified by section 101 of the River and Harbor Act of 1950 (64 Stat.
164), that consists of a 35-foot deep channel beginning at a point along the
western limit of the authorized project, N644100.411, E129256.91, thence
running southeasterly about 38.25 feet to a point N644068.885, E129278.565,
thence running southerly about 1,163.86 feet to a point N642912.127,
E129150.209, thence running southwesterly about 56.89 feet to a point
N642864.09, E2129119.725, thence running northerly along the existing
western limit of the existing project to the point of origin.
(10) ANGOLA, NEW YORK- The project for erosion protection, Angola Water
Treatment Plant, Angola, New York, constructed under section 14 of the Flood
Control Act of 1946 (33 U.S.C. 701r).
(11) WALLABOUT CHANNEL, BROOKLYN, NEW YORK-
(A) IN GENERAL- The northeastern portion of the project for
navigation, Wallabout Channel, Brooklyn, New York, authorized by the
Rivers and Harbors Appropriations Act of March 3, 1899 (30 Stat. 1124),
beginning at a point N682,307.40, E638,918.10, thence running along the
courses and distances described in subparagraph (B).
(B) COURSES AND DISTANCES- The courses and distances referred to in
subparagraph (A) are the following:
(i) South 85 degrees, 44 minutes, 13 seconds East 87.94 feet
(coordinate: N682,300.86, E639,005.80).
(ii) North 74 degrees, 41 minutes, 30 seconds East 271.54 feet
(coordinate: N682,372.55, E639,267.71).
(iii) South 4 degrees, 46 minutes, 02 seconds West 170.95 feet
(coordinate: N682,202.20, E639,253.50).
(iv) South 4 degrees, 46 minutes, 02 seconds West 239.97 feet
(coordinate: N681,963.06, E639,233.56).
(v) North 50 degrees, 48 minutes, 26 seconds West 305.48 feet
(coordinate: N682,156.10, E638,996.80).
(vi) North 3 degrees, 33 minutes, 25 seconds East 145.04 feet
(coordinate: N682,300.86, E639,005.80).
(12) NEW YORK AND NEW JERSEY CHANNELS, NEW YORK AND NEW JERSEY- The
portion of the project for navigation, New York and New Jersey Channels, New
York and New Jersey, authorized by the first section of the Act of August
30, 1935 (49 Stat. 1030, chapter 831), and modified by section 101 of the
River and Harbor Act of 1950 (64 Stat. 164), consisting of a 35-foot-deep
channel beginning at a point along the western limit of the authorized
project, N644100.411, E2129256.91, thence running southeast about 38.25 feet
to a point N644068.885, E2129278.565, thence running south about 1163.86
feet to a point N642912.127, E2129150.209, thence running southwest about
56.9 feet to a point N642864.09, E2129119.725, thence running north along
the western limit of the project to the point of origin.
(13) WARWICK COVE, RHODE ISLAND- The portion of the project for
navigation, Warwick Cove, Rhode Island, carried out under section 107 of the
River and Harbor Act of 1960 (33 U.S.C. 577), that is located within the
5-acre, 6-foot anchorage area west of the channel: beginning at a point with
coordinates N221,150.027, E528,960.028, thence running southerly about
257.39 feet to a point with coordinates N220,892.638, E528,960.028, thence
running northwesterly about 346.41 feet to a point with coordinates
N221,025.270, E528,885.780, thence running northeasterly about 145.18 feet
to the point of origin.
(b) ROCKPORT HARBOR, MASSACHUSETTS- The project for navigation, Rockport
Harbor, Massachusetts, carried out under section 107 of the River and Harbor
Act of 1960 (33 U.S.C. 577), is modified--
(1) to redesignate a portion of the 8-foot north outer anchorage as part
of the 8-foot approach channel to the north inner basin described as
follows: The perimeter of the area starts at a point with coordinates
N605,792.110, E838,020.009, thence running south 89 degrees 12 minutes 27.1
seconds east 64.794 feet to a point N605,791.214, E838,084.797, thence
running south 47 degrees 18 minutes 54.0 seconds west 40.495 feet to a point
N605,763.760, E838,055.030, thence running north 68 degrees 26 minutes 49.0
seconds west 43.533 feet to a point N605,779.750, E838,014.540, thence
running north 23 degrees 52 minutes 08.4 seconds east 13.514 feet to the
point of origin; and
(2) to realign a portion of the 8-foot north inner basin approach
channel by adding an area described as follows: the perimeter of the area
starts at a point with coordinates N605,792.637, E837,981.920, thence
running south 89 degrees 12 minutes 27.1 seconds east 38.093 feet to a point
N605,792.110, E838,020.009, thence running south 23 degrees 52 minutes 08.4
seconds west 13.514 feet to a point N605,779.752, E838,014.541, thence
running north 68 degrees 26 minutes 49.0 seconds west 35.074 feet to the
point of origin.
SEC. 348. LAND CONVEYANCES.
(a) THOMPSON, CONNECTICUT-
(1) IN GENERAL- The Secretary shall convey by quitclaim deed without
consideration to the town of Thompson, Connecticut, all right, title, and
interest of the United States in and to the approximately 1.36-acre parcel
of land described in paragraph (2) for public ownership and use by the town
for firefighting and related emergency services purposes.
(2) LAND DESCRIPTION- The parcel of land referred to in paragraph (1) is
located in the town of Thompson, county of Windham, State of Connecticut, on
the northerly side of West Thompson Road owned by the United States and
shown as Parcel A on a plan by Provost, Rovero, Fitzback entitled `Property
Survey Prepared for West Thompson Independent Firemen Association #1' dated
August 24, 1998, bounded and described as follows:
Beginning at a bound labeled WT-276 on the northerly side line of West
Thompson Road, so called, at the most south corner of the Parcel herein
described and at land now or formerly of West Thompson Independent Firemen
Association No. 1;
Thence in a generally westerly direction by said northerly side line
of West Thompson Road, by a curve to the left, having a radius of 640.00
feet a distance of 169.30 feet to a point;
Thence North 13 degrees, 08 minutes, 37 seconds East by the side line
of said West Thompson Road a distance of 10.00 feet to a point;
Thence in a generally westerly direction by the northerly side line of
said West Thompson Road, by a curve to the left having a radius of 650.00
feet a distance of 109.88 feet to a bound labeled WT-123, at land now or
formerly of the United States of America;
Thence North 44 degrees, 43 minutes, 07 seconds East by said land now
or formerly of the United States of America a distance of 185.00 feet to a
point;
Thence North 67 degrees, 34 minutes, 13 seconds East by said land now
or formerly of the United States of America a distance of 200.19 feet to a
point in a stonewall;
Thence South 20 degrees, 49 minutes, 17 seconds East by a stonewall
and by said land now or formerly of the United States of America a
distance of 253.10 feet to a point at land now or formerly of West
Thompson Independent Firemen Association No. 1;
Thence North 57 degrees, 45 minutes, 25 seconds West by land now or
formerly of said West Thompson Independent Firemen Association No. 1 a
distance of 89.04 feet to a bound labeled WT-277;
Thence South 32 degrees, 14 minutes, 35 seconds West by land now or
formerly of said West Thompson Independent Firemen Association No. 1 a
distance of 123.06 feet to the point of beginning.
(3) REVERSION- If the Secretary determines that the parcel described in
paragraph (2) ceases to be held in public ownership or used for firefighting
and related emergency services, all right, title, and interest in and to the
parcel shall revert to the United States, at the option of the United
States.
(b) WASHINGTON, DISTRICT OF COLUMBIA-
(1) IN GENERAL- The Secretary shall convey to the Lucy Webb Hayes
National Training School for Deaconesses and Missionaries Conducting Sibley
Memorial Hospital (in this subsection referred to as the `Hospital') by
quitclaim deed under the terms of a negotiated sale, all right, title, and
interest of the United States in and to the 8.864-acre parcel of land
described in paragraph (2) for medical care and parking purposes. The
consideration paid under such negotiated sale shall reflect the value of the
parcel, taking into consideration the terms and conditions of the conveyance
imposed under this subsection.
(2) LAND DESCRIPTION- The parcel of land referred to in paragraph (1) is
the parcel described as follows: Beginning at a point on the westerly
right-of-way line of Dalecarlia Parkway, said point also being on the
southerly division line of part of Square N1448, A&T Lot 801 as recorded
in A&T 2387 and part of the property of the United States Government,
thence with said southerly division line now described:
(A) North 35 05 40 West--436.31 feet to a point, thence
(B) South 89 59 30 West--550 feet to a point, thence
(C) South 53 48 00 West--361.08 feet to a point, thence
(D) South 89 59 30 West--466.76 feet to a point at the southwesterly
corner of the aforesaid A&T Lot 801, said point also being on the
easterly right-of-way line of MacArthur Boulevard, thence with a portion
of the westerly division line of said A&T Lot 801 and the easterly
right-of-way line of MacArthur Boulevard, as now described
(E) 78.62 feet along the arc of a curve to the right having a radius
of 650.98 feet, chord bearing and distance of North 06 17 20 West--78.57
feet to a point, thence crossing to include a portion of aforesaid A&T
Lot 801 and a portion of the aforesaid Dalecarlia Reservoir Grounds, as
now described
(F) North 87 18 21 East--258.85 feet to a point, thence
(G) North 02 49 16 West--214.18 feet to a point, thence
(H) South 87 09 00 West--238.95 feet to a point on the aforesaid
easterly right-of-way line of MacArthur Boulevard, thence with said
easterly right-of-way line, as now described
(I) North 08 41 30 East--30.62 feet to a point, thence crossing to
include a portion of aforesaid A&T Lot 801 and a portion of the
aforesaid Dalecarlia Reservoir Grounds, as now described
(J) North 87 09 00 East--373.96 feet to a point, thence
(K) North 88 42 48 East--374.92 feet to a point, thence
(L) North 56 53 40 East--53.16 feet to a point, thence
(M) North 86 00 15 East--26.17 feet to a point, thence
(N) South 87 24 50 East--464.01 feet to a point, thence
(O) North 83 34 31 East--212.62 feet to a point, thence
(P) South 30 16 12 East--108.97 feet to a point, thence
(Q) South 38 30 23 East--287.46 feet to a point, thence
(R) South 09 03 38 West--92.74 feet to the point on the aforesaid
westerly right-of-way line of Dalecarlia Parkway, thence with said
westerly right-of-way line, as now described
(S) 197.74 feet along the arc of a curve to the right having a radius
of 916.00 feet, chord bearing and distance of South 53 54 43 West--197.35
feet to the place of beginning.
(3) TERMS AND CONDITIONS- The conveyance under this subsection shall be
subject to the following terms and conditions:
(A) LIMITATION ON THE USE OF CERTAIN PORTIONS OF THE PARCEL- The
Secretary shall include in any deed conveying the parcel under this
section a restriction to prevent the Hospital, and its successors and
assigns, from constructing any structure, other than a structure used
exclusively for the parking of motor vehicles, on the portion of the
parcel that lies between the Washington Aqueduct and Little Falls
Road.
(B) LIMITATION ON CERTAIN LEGAL CHALLENGES- The Secretary shall
require the Hospital, and its successors and assigns, to refrain from
raising any legal challenge to the operations of the Washington Aqueduct
arising from any impact such operations may have on the activities
conducted by the Hospital on the parcel.
(C) EASEMENT- The Secretary shall require that the conveyance be
subject to the retention of an easement permitting the United States, and
its successors and assigns, to use and maintain the portion of the parcel
described as follows: Beginning at a point on the easterly or South 35 05
40 East--436.31 foot plat line of Lot 25 as shown on a subdivision plat
recorded in book 175 page 102 among the records of the Office of the
Surveyor of the District of Columbia, said point also being on the
northerly right-of-way line of Dalecarlia Parkway, thence running with
said easterly line of Lot 25 and crossing to include a portion of the
aforesaid Dalecarlia Reservoir Grounds as now described:
(i) North 35 05 40 West--495.13 feet to a point, thence
(ii) North 87 24 50 West--414.43 feet to a point,
thence
(iii) South 81 08 00 West--69.56 feet to a point,
thence
(iv) South 88 42 48 West--367.50 feet to a point,
thence
(v) South 87 09 00 West--379.68 feet to a point on the easterly
right-of-way line of MacArthur Boulevard, thence with said easterly
right-of-way line, as now described
(vi) North 08 41 30 East--30.62 feet to a point, thence crossing to
include a portion of the aforesaid Dalecarlia Reservoir Grounds, as now
described
(vii) North 87 09 00 East--373.96 feet to a point,
thence
(viii) North 88 42 48 East--374.92 feet to a point,
thence
(ix) North 56 53 40 East--53.16 feet to a point, thence
(x) North 86 00 15 East--26.17 feet to a point, thence
(xi) South 87 24 50 East--464.01 feet to a point,
thence
(xii) North 83 34 31 East--50.62 feet to a point,
thence
(xiii) South 02 35 10 West--46.46 feet to a point,
thence
(xiv) South 13 38 12 East--107.83 feet to a point,
thence
(xv) South 35 05 40 East--347.97 feet to a point on the aforesaid
northerly right-of-way line of Dalecarlia Parkway, thence with said
right-of-way line, as now described
(xvi) 44.12 feet along the arc of a curve to the right having a
radius of 855.00 feet, chord bearing and distance of South 58 59 22
West--44.11 feet to the place of beginning containing 1.7157 acres of
land more or less as now described by Maddox Engineers and Surveyors,
Inc., June 2000, Job #00015.
(4) APPRAISAL- Before conveying any right, title, or interest under this
subsection, the Secretary shall obtain an appraisal of the fair market value
of the parcel.
(1) IN GENERAL- Subject to the provisions of this subsection, the
Secretary shall convey by quitclaim deed without consideration to the Joliet
Park District in Joliet, Illinois, all right, title, and interest of the
United States in and to the parcel of real property located at 622 Railroad
Street in the city of Joliet, consisting of approximately 2 acres, together
with any improvements thereon, for public ownership and use as the site of
the headquarters of the park district.
(2) SURVEY TO OBTAIN LEGAL DESCRIPTION- The exact acreage and the legal
description of the real property described in paragraph (1) shall be
determined by a survey that is satisfactory to the Secretary.
(3) REVERSION- If the Secretary determines that the property conveyed
under paragraph (1) ceases to be held in public ownership or to be used as
headquarters of the park district or for related purposes, all right, title,
and interest in and to the property shall revert to the United States, at
the option of the United States.
(1) CONVEYANCE OF PROPERTY- Subject to the terms, conditions, and
reservations of paragraph (2), the Secretary shall convey by quitclaim deed
to the Young Men's Christian Association of Ottawa, Illinois (in this
subsection referred to as the `YMCA'), all right, title, and interest of the
United States in and to a portion of the easements acquired for the
improvement of the Illinois Waterway project over a parcel of real property
owned by the YMCA, known as the `Ottawa, Illinois, YMCA Site', and located
at 201 E. Jackson Street, Ottawa, La Salle County, Illinois (portion of NE
1/4 , S11, T33N, R3E 3PM), except that portion lying below the elevation of
461 feet National Geodetic Vertical Datum.
(2) CONDITIONS- The following conditions apply to the conveyance under
paragraph (1):
(A) The exact acreage and the legal description of the real property
described in paragraph (1) shall be determined by a survey that is
satisfactory to the Secretary.
(B) The YMCA shall agree to hold and save the United States harmless
from liability associated with the operation and maintenance of the
Illinois Waterway project on the property described in paragraph
(1).
(C) If the Secretary determines that any portion of the property that
is the subject of the easement conveyed under paragraph (1) ceases to be
used for the purposes for which the YMCA was established, all right,
title, and interest in and to such easement shall revert to the United
States, at the option of the United States.
(e) BAYOU TECHE, LOUISIANA-
(1) IN GENERAL- After renovations of the Keystone Lock facility have
been completed, the Secretary may convey by quitclaim deed without
consideration to St. Martin Parish, Louisiana, all rights, title, and
interests of the United States in the approximately 12.03 acres of land
under the administrative jurisdiction of the Secretary in Bayou Teche,
Louisiana, together with improvements thereon. The dam and the authority to
retain upstream pool elevations shall remain under the jurisdiction of the
Secretary. The Secretary shall relinquish all operations and maintenance of
the lock to St. Martin Parish.
(2) CONDITIONS- The following conditions apply to the transfer under
paragraph (1):
(A) St. Martin Parish shall operate, maintain, repair, replace, and
rehabilitate the lock in accordance with regulations prescribed by the
Secretary that are consistent with the project's authorized
purposes.
(B) The Parish shall provide the Secretary access to the dam whenever
the Secretary notifies the Parish of a need for access to the
dam.
(C) If the Parish fails to comply with subparagraph (A), the Secretary
shall notify the Parish of such failure. If the Parish does not correct
such failure during the 1-year period beginning on the date of such
notification, the Secretary shall have a right of reverter to reclaim
possession and title to the land and improvements conveyed under this
section or, in the case of a failure to make necessary repairs, the
Secretary may effect the repairs and require payment from the Parish for
the repairs made by the Secretary.
(1) IN GENERAL- The Secretary may convey to the Ontonagon County
Historical Society, at Federal expense--
(A) the lighthouse at Ontonagon, Michigan; and
(B) the land underlying and adjacent to the lighthouse (including any
improvements on the land) that is under the jurisdiction of the
Secretary.
(2) MAP- The Secretary shall--
(A) determine the extent of the land conveyance under this
subsection;
(B) determine the exact acreage and legal description of the land to
be conveyed under this subsection; and
(C) prepare a map that clearly identifies any land to be
conveyed.
(3) ENVIRONMENTAL RESPONSE- To the extent required under any applicable
law, the Secretary shall be responsible for any necessary environmental
response required as a result of the prior Federal use or ownership of the
land and improvements conveyed under this subsection.
(4) RESPONSIBILITIES AFTER CONVEYANCE- After the conveyance of land
under this subsection, the Ontonagon County Historical Society shall be
responsible for any additional operation, maintenance, repair,
rehabilitation, or replacement costs associated with the lighthouse or the
conveyed land and improvements.
(5) APPLICABILITY OF ENVIRONMENTAL LAW- Nothing in this section affects
the potential liability of any person under any applicable environmental
law.
(6) REVERSION- If the Secretary determines that the property conveyed
under paragraph (1) ceases to be owned by the Ontonagon County Historical
Society or to be used for public purposes, all right, title, and interest in
and to such property shall revert to the United States, at the option of the
United States.
(g) PIKE COUNTY, MISSOURI-
(1) IN GENERAL- Subject to paragraphs (3) and (4), at such time as
S.S.S., Inc. conveys all right, title, and interest in and to the parcel of
land described in paragraph (2)(A) to the United States, the Secretary shall
convey all right, title, and interest of the United States in and to the
parcel of land described in paragraph (2)(B) to S.S.S., Inc.
(2) LAND DESCRIPTION- The parcels of land referred to in paragraph (1)
are the following:
(A) NON-FEDERAL LAND- 8.99 acres with existing flowage easements,
located in Pike County, Missouri, adjacent to land being acquired from
Holnam, Inc. by the Corps of Engineers.
(B) FEDERAL LAND- 8.99 acres located in Pike County, Missouri, known
as `Government Tract Numbers FM-46 and FM-47', administered by the Corps
of Engineers.
(3) CONDITIONS- The land exchange under paragraph (1) shall be subject
to the following conditions:
(i) NON-FEDERAL LAND- The conveyance of the parcel of land described
in paragraph (2)(A) to the Secretary shall be by a warranty deed
acceptable to the Secretary.
(ii) FEDERAL LAND- The instrument of conveyance used to convey the
parcel of land described in paragraph (2)(B) to S.S.S., Inc., shall
contain such reservations, terms, and conditions as the Secretary
considers necessary to allow the United States to operate and maintain
the Mississippi River 9-Foot Navigation Project.
(B) REMOVAL OF IMPROVEMENTS-
(i) IN GENERAL- S.S.S., Inc. may remove, and the Secretary may
require S.S.S., Inc. to remove, any improvements on the parcel of land
described in paragraph (2)(A).
(ii) NO LIABILITY- If S.S.S., Inc., voluntarily or under direction
from the Secretary, removes an improvement on the parcel of land
described in paragraph (2)(A)--
(I) S.S.S., Inc., shall have no claim against the United States
for liability; and
(II) the United States shall not incur or be liable for any cost
associated with the removal or relocation of the
improvement.
(C) TIME LIMIT FOR LAND EXCHANGE- Not later than 2 years after the
date of enactment of this Act, the land exchange under paragraph (1) shall
be completed.
(D) LEGAL DESCRIPTION- The Secretary shall provide legal descriptions
of the parcels of land described in paragraph (2), which shall be used in
the instruments of conveyance of the parcels.
(4) VALUE OF PROPERTIES- If the appraised fair market value, as
determined by the Secretary, of the parcel of land conveyed to S.S.S., Inc.,
by the Secretary under paragraph (1) exceeds the appraised fair market
value, as determined by the Secretary, of the parcel of land conveyed to the
United States by S.S.S., Inc., under paragraph (1), S.S.S., Inc., shall pay
to the United States, in cash or a cash equivalent, an amount equal to the
difference between the 2 values.
(h) ST. CLAIR AND BENTON COUNTIES, MISSOURI-
(1) IN GENERAL- The Secretary shall convey to the Iconium Fire
Protection District, St. Clair and Benton counties, Missouri, by quitclaim
deed and without consideration, all right, title, and interest of the United
States in and to the parcel of land described in paragraph (2).
(2) LAND DESCRIPTION- The parcel of land to be conveyed under paragraph
(1) is the tract of land located in the Southeast 1/4 of Section 13,
Township 39 North, Range 25 West, of the Fifth Principal Meridian, St. Clair
County, Missouri, more particularly described as follows: Commencing at the
Southwest corner of Section 18, as designated by Corps survey marker AP
18-1, thence northerly 11.22 feet to the southeast corner of Section 13,
thence 657.22 feet north along the east line of Section 13 to Corps monument
18 1-C lying within the right-of-way of State Highway C, being the point of
beginning of the tract of land herein described; thence westerly
approximately 210 feet, thence northerly 150 feet, thence easterly
approximately 210 feet to the east line of Section 13, thence southerly
along said east line, 150 feet to the point of beginning, containing 0.723
acres, more or less.
(3) REVERSION- If the Secretary determines that the property conveyed
under paragraph (1) ceases to be held in public ownership or to be used as a
site for a fire station, all right, title, and interest in and to the
property shall revert to the United States, at the option of the United
States.
(i) CANDY LAKE PROJECT, OSAGE COUNTY, OKLAHOMA- Section 563(c)(1)(B) of
the Water Resources Development Act of 1999 (113 Stat. 357) is amended by
striking `a deceased individual' and inserting `an individual'.
(j) MANOR TOWNSHIP, PENNSYLVANIA-
(1) IN GENERAL- In accordance with this subsection, the Secretary shall
convey by quitclaim deed to the township of Manor, Pennsylvania, all right,
title, and interest of the United States in and to the approximately 113
acres of real property located at Crooked Creek Lake, together with any
improvements on the land.
(2) SURVEY TO OBTAIN LEGAL DESCRIPTION- The exact acreage and the legal
description of the real property described in paragraph (1) shall be
determined by a survey that is satisfactory to the Secretary.
(3) CONSIDERATION- The Secretary may convey under this subsection
without consideration any portion of the real property described in
paragraph (1) if the portion is to be retained in public ownership and be
used for public park and recreation or other public purposes.
(4) REVERSION- If the Secretary determines that any portion of the
property conveyed under paragraph (3) ceases to be held in public ownership
or to be used for public park and recreation or other public purposes, all
right, title, and interest in and to such portion of property shall revert
to the United States, at the option of the United States.
(k) RICHARD B. RUSSELL DAM AND LAKE, SOUTH CAROLINA- Section 563(i) of the
Water Resources Development Act of 1999 (113 Stat. 360-361) is amended to read
as follows:
`(i) RICHARD B. RUSSELL DAM AND LAKE, SOUTH CAROLINA-
`(1) IN GENERAL- The Secretary shall convey to the State of South
Carolina all right, title, and interest of the United States in and to the
parcels of land described in paragraph (2)(A) that are being managed, as of
August 17, 1999, by the South Carolina Department of Natural Resources for
fish and wildlife mitigation purposes for the Richard B. Russell Dam and
Lake, South Carolina, project authorized by section 203 of the Flood Control
Act of 1966 (80 Stat. 1420).
`(A) IN GENERAL- The parcels of land to be conveyed are described in
Exhibits A, F, and H of Army Lease No. DACW21-1-93-0910 and associated
supplemental agreements.
`(B) SURVEY- The exact acreage and legal description of the land shall
be determined by a survey satisfactory to the Secretary, with the cost of
the survey borne by the State.
`(3) COSTS OF CONVEYANCE- The State shall be responsible for all costs,
including real estate transaction and environmental compliance costs,
associated with the conveyance.
`(A) IN GENERAL- All land conveyed under this subsection shall be
retained in public ownership and shall be managed in perpetuity for fish
and wildlife mitigation purposes in accordance with a plan approved by the
Secretary.
`(B) REVERSION- If any parcel of land is not managed for fish and
wildlife mitigation purposes in accordance with the plan, title to the
parcel shall revert to the United States, at the option of the United
States.
`(5) ADDITIONAL TERMS AND CONDITIONS- The Secretary may require such
additional terms and conditions in connection with the conveyance under this
subsection as the Secretary considers appropriate to protect the interests
of the United States.
`(6) FISH AND WILDLIFE MITIGATION AGREEMENT-
`(A) IN GENERAL- The Secretary shall pay the State of South Carolina
$4,850,000, subject to the Secretary and the State entering into a
contract for the State to manage for fish and wildlife mitigation purposes
in perpetuity the parcels of land conveyed under this subsection.
`(B) FAILURE OF PERFORMANCE- The agreement shall specify the terms and
conditions under which payment will be made and the rights of, and
remedies available to, the Federal Government to recover all or a portion
of the payment if the State fails to manage any parcel in a manner
satisfactory to the Secretary.'.
(l) SAVANNAH RIVER, SOUTH CAROLINA-
(1) DEFINITION OF NEW SAVANNAH BLUFF LOCK AND DAM- In this subsection,
the term `New Savannah Bluff Lock and Dam' means--
(A) the lock and dam at New Savannah Bluff, Savannah River, Georgia
and South Carolina; and
(B) the appurtenant features to the lock and dam, including--
(i) the adjacent approximately 50-acre park and recreation area with
improvements made under the project for navigation, Savannah River below
Augusta, Georgia, authorized by the first section of the Act of July 3,
1930 (46 Stat. 924) and the first section of the Act of August 30, 1935
(49 Stat. 1032); and
(ii) other land that is part of the project and that the Secretary
determines to be appropriate for conveyance under this
subsection.
(2) REPAIR AND CONVEYANCE- After execution of an agreement between the
Secretary and the city of North Augusta and Aiken County, South Carolina,
the Secretary--
(A) shall repair and rehabilitate the New Savannah Bluff Lock and Dam,
at Federal expense of an estimated $5,300,000; and
(B) after repair and rehabilitation, may convey the New Savannah Bluff
Lock and Dam, without consideration, to the city of North Augusta and
Aiken County, South Carolina.
(3) TREATMENT OF NEW SAVANNAH BLUFF LOCK AND DAM- The New Savannah Bluff
Lock and Dam shall not be considered to be part of any Federal project after
the conveyance under paragraph (2).
(4) OPERATION AND MAINTENANCE-
(A) BEFORE CONVEYANCE- Before the conveyance under paragraph (2), the
Secretary shall continue to operate and maintain the New Savannah Bluff
Lock and Dam.
(B) AFTER CONVEYANCE- After the conveyance under paragraph (2),
operation and maintenance of all features of the project for navigation,
Savannah River below Augusta, Georgia, described in paragraph (1)(B)(i),
other than the New Savannah Bluff Lock and Dam, shall continue to be a
Federal responsibility.
(m) TRI-CITIES AREA, WASHINGTON- Section 501(i) of the Water Resources
Development Act of 1996 (110 Stat. 3752-3753) is amended--
(1) by inserting before the period at the end of paragraph (1) the
following: `; except that any of such local governments, with the agreement
of the appropriate district engineer, may exempt from the conveyance to the
local government all or any part of the property to be conveyed to the local
government'; and
(2) by inserting before the period at the end of paragraph (2)(C) the
following: `; except that approximately 7.4 acres in Columbia Park,
Kennewick, Washington, consisting of the historic site located in the Park
and known and referred to as the `Kennewick Man Site' and such adjacent
wooded areas as the Secretary determines are necessary to protect the
historic site, shall remain in Federal ownership'.
(n) GENERALLY APPLICABLE PROVISIONS-
(1) APPLICABILITY OF PROPERTY SCREENING PROVISIONS- Section 2696 of
title 10, United States Code, shall not apply to any conveyance under this
section.
(2) ADDITIONAL TERMS AND CONDITIONS- The Secretary may require that any
conveyance under this section be subject to such additional terms and
conditions as the Secretary considers appropriate and necessary to protect
the interests of the United States.
(3) COSTS OF CONVEYANCE- An entity to which a conveyance is made under
this section shall be responsible for all reasonable and necessary costs,
including real estate transaction and environmental compliance costs,
associated with the conveyance.
(4) LIABILITY- An entity to which a conveyance is made under this
section shall hold the United States harmless from any liability with
respect to activities carried out, on or after the date of the conveyance,
on the real property conveyed. The United States shall remain responsible
for any liability with respect to activities carried out, before such date,
on the real property conveyed.
SEC. 349. PROJECT REAUTHORIZATIONS.
(a) IN GENERAL- Each of the following projects may be carried out by the
Secretary, and no construction on any such project may be initiated until the
Secretary determines that the project is technically sound, environmentally
acceptable, and economically justified, as appropriate:
(1) NARRAGUAGUS RIVER, MILBRIDGE, MAINE- Only for the purpose of
maintenance as anchorage, those portions of the project for navigation,
Narraguagus River, Milbridge, Maine, authorized by section 2 of the Act
entitled `An Act making appropriations for the construction, repair,
completion, and preservation of certain works on rivers and harbors, and for
other purposes', approved June 14, 1880 (21 Stat. 195), and deauthorized
under section 101 of the River and Harbor Act of 1962 (75 Stat. 1173), lying
adjacent to and outside the limits of the 11-foot and 9-foot channel
authorized as part of the project for navigation, authorized by such section
101, as follows:
(A) An area located east of the 11-foot channel starting at a point
with coordinates N248,060.52, E668,236.56, thence running south 36 degrees
20 minutes 52.3 seconds east 1567.242 feet to a point N246,798.21,
E669,165.44, thence running north 51 degrees 30 minutes 06.2 seconds west
839.855 feet to a point N247,321.01, E668,508.15, thence running north 20
degrees 09 minutes 58.1 seconds west 787.801 feet to the point of
origin.
(B) An area located west of the 9-foot channel starting at a point
with coordinates N249,673.29, E667,537.73, thence running south 20 degrees
09 minutes 57.8 seconds east 1341.616 feet to a point N248,413.92,
E668,000.24, thence running south 01 degrees 04 minutes 26.8 seconds east
371.688 feet to a point N248,042.30, E668,007.21, thence running north 22
degrees 21 minutes 20.8 seconds west 474.096 feet to a point N248,480.76,
E667,826.88, thence running north 79 degrees 09 minutes 31.6 seconds east
100.872 feet to a point N248,499.73, E667,925.95, thence running north 13
degrees 47 minutes 27.6 seconds west 95.126 feet to a point N248,592.12,
E667,903.28, thence running south 79 degrees 09 minutes 31.6 seconds west
115.330 feet to a point N248,570.42, E667,790.01, thence running north 22
degrees 21 minutes 20.8 seconds west 816.885 feet to a point N249,325.91,
E667,479.30, thence running north 07 degrees 03 minutes 00.3 seconds west
305.680 feet to a point N249,629.28, E667,441.78, thence running north 65
degrees 21 minutes 33.8 seconds east 105.561 feet to the point of
origin.
(2) CEDAR BAYOU, TEXAS- The project for navigation, Cedar Bayou, Texas,
authorized by the first section of the Act entitled `An Act making
appropriations for the construction, repair, and preservation of certain
public works on rivers and harbors, and for other purposes', approved
September 19, 1890 (26 Stat. 444), and modified by the first section of the
Act entitled `An Act authorizing the construction, repair, and preservation
of certain public works on rivers and harbors, and for other purposes',
approved July 3, 1930 (46 Stat. 926), and deauthorized by section 1002 of
the Water Resources Development Act of 1986 (100 Stat. 4219), except that
the project is authorized only for construction of a navigation channel 12
feet deep by 125 feet wide from mile -2.5 (at the junction with the Houston
Ship Channel) to mile 11.0 on Cedar Bayou.
(b) REDESIGNATION- The following portion of the 11-foot channel of the
project for navigation, Narraguagus River, Milbridge, Maine, referred to in
subsection (a)(1) is redesignated as anchorage: Starting at a point with
coordinates N248,413.92, E668,000.24, thence running south 20 degrees 09
minutes 57.8 seconds east 1325.205 feet to a point N247,169.95, E668,457.09,
thence running north 51 degrees 30 minutes 05.7 seconds west 562.33 feet to a
point N247,520.00, E668,017.00, thence running north 01 degrees 04 minutes
26.8 seconds west 894.077 feet to the point of origin.
SEC. 350. CONTINUATION OF PROJECT AUTHORIZATIONS.
(a) IN GENERAL- Notwithstanding section 1001(b)(2) of the Water Resources
Development Act of 1986 (33 U.S.C. 579a(b)(2)), the following projects shall
remain authorized to be carried out by the Secretary:
(1) The projects for flood control, Sacramento River, California,
modified by section 10 of the Flood Control Act of December 22, 1944 (58
Stat. 900-901).
(2) The project for flood protection, Sacramento River from Chico
Landing to Red Bluff, California, authorized by section 203 of the Flood
Control Act of 1958 (72 Stat. 314).
(b) LIMITATION- A project described in subsection (a) shall not be
authorized for construction after the last day of the 7-year period beginning
on the date of enactment of this Act, unless, during such period, funds have
been obligated for the construction (including planning and design) of the
project.
SEC. 351. WATER QUALITY PROJECTS.
Section 307(a) of the Water Resources Development Act of 1992 (106 Stat.
4841) is amended by striking `Jefferson and Orleans Parishes' and inserting
`Jefferson, Orleans, and St. Tammany Parishes'.
TITLE IV--STUDIES
SEC. 401. STUDIES OF COMPLETED PROJECTS.
The Secretary shall conduct a study under section 216 of the Flood Control
Act of 1970 (84 Stat. 1830) of each of the following completed projects:
(1) ESCAMBIA BAY AND RIVER, FLORIDA- Project for navigation, Escambia
Bay and River, Florida.
(2) ILLINOIS RIVER, HAVANA, ILLINOIS- Project for flood control,
Illinois River, Havana, Illinois, authorized by section 5 of the Flood
Control Act of June 22, 1936 (49 Stat. 1583).
(3) SPRING LAKE, ILLINOIS- Project for flood control, Spring Lake,
Illinois, authorized by section 5 of the Flood Control Act of June 22, 1936
(49 Stat. 1584).
(4) PORT ORFORD, OREGON- Project for navigation, Port Orford, Oregon,
authorized by section 301 of the River and Harbor Act of 1965 (79 Stat.
1092).
SEC. 402. LOWER MISSISSIPPI RIVER RESOURCE ASSESSMENT.
(a) ASSESSMENTS- The Secretary, in cooperation with the Secretary of the
Interior and the States of Arkansas, Illinois, Kentucky, Louisiana,
Mississippi, Missouri, and Tennessee, shall undertake for the Lower
Mississippi River system--
(1) an assessment of information needed for river-related
management;
(2) an assessment of natural resource habitat needs; and
(3) an assessment of the need for river-related recreation and
access.
(b) PERIOD- Each assessment referred to in subsection (a) shall be carried
out for 2 years.
(c) REPORTS- Before the last day of the second year of an assessment under
subsection (a), the Secretary, in cooperation with the Secretary of the
Interior and the States of Arkansas, Illinois, Kentucky, Louisiana,
Mississippi, Missouri, and Tennessee, shall transmit to Congress a report on
the results of the assessment to Congress. The report shall contain
recommendations for--
(1) the collection, availability, and use of information needed for
river-related management;
(2) the planning, construction, and evaluation of potential restoration,
protection, and enhancement measures to meet identified habitat needs;
and
(3) potential projects to meet identified river access and recreation
needs.
(d) LOWER MISSISSIPPI RIVER SYSTEM DEFINED- In this section, the term
`Lower Mississippi River system' means those river reaches and adjacent
floodplains within the Lower Mississippi River alluvial valley having
commercial navigation channels on the Mississippi mainstem and tributaries
south of Cairo, Illinois, and the Atchafalaya basin floodway system.
(e) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be
appropriated $1,750,000 to carry out this section.
SEC. 403. UPPER MISSISSIPPI RIVER BASIN SEDIMENT AND NUTRIENT
STUDY.
(a) IN GENERAL- In conjunction with the Secretary of Agriculture and the
Secretary of the Interior, the Secretary shall conduct a study to--
(1) identify and evaluate significant sources of sediment and nutrients
in the upper Mississippi River basin;
(2) quantify the processes affecting mobilization, transport, and fate
of those sediments and nutrients on land and in water; and
(3) quantify the transport of those sediments and nutrients to the upper
Mississippi River and the tributaries of the upper Mississippi River.
(1) COMPUTER MODELING- In carrying out the study under this section, the
Secretary shall develop computer models of the upper Mississippi River
basin, at the subwatershed and basin scales, to--
(A) identify and quantify sources of sediment and nutrients;
and
(B) examine the effectiveness of alternative management
measures.
(2) RESEARCH- In carrying out the study under this section, the
Secretary shall conduct research to improve the understanding of--
(A) fate processes and processes affecting sediment and nutrient
transport, with emphasis on nitrogen and phosphorus cycling and
dynamics;
(B) the influences on sediment and nutrient losses of soil type,
slope, climate, vegetation cover, and modifications to the stream drainage
network; and
(C) river hydrodynamics, in relation to sediment and nutrient
transformations, retention, and transport.
(c) USE OF INFORMATION- On request of a Federal agency, the Secretary may
provide information for use in applying sediment and nutrient reduction
programs associated with land-use improvements and land management
practices.
(1) PRELIMINARY REPORT- Not later than 2 years after the date of
enactment of this Act, the Secretary shall transmit to Congress a
preliminary report that outlines work being conducted on the study
components described in subsection (b).
(2) FINAL REPORT- Not later than 5 years after the date of enactment of
this Act, the Secretary shall transmit to Congress a report describing the
results of the study under this section, including any findings and
recommendations of the study.
(1) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be
appropriated to carry out this section $4,000,000 for each of fiscal years
2001 through 2005.
(2) FEDERAL SHARE- The Federal share of the cost of carrying out this
section shall be 50 percent.
SEC. 404. UPPER MISSISSIPPI RIVER COMPREHENSIVE PLAN.
Section 459(e) of the Water Resources Development Act of 1999 (113 Stat.
333) is amended by striking `date of enactment of this Act' and inserting
`first date on which funds are appropriated to carry out this section'.
SEC. 405. OHIO RIVER SYSTEM.
The Secretary may conduct a study of commodity flows on the Ohio River
system. The study shall include an analysis of the commodities transported on
the Ohio River system, including information on the origins and destinations
of these commodities and market trends, both national and international.
SEC. 406. BALDWIN COUNTY, ALABAMA.
The Secretary shall conduct a study to determine the feasibility of
carrying out beach erosion control, storm damage reduction, and other measures
along the shores of Baldwin County, Alabama.
SEC. 407. BRIDGEPORT, ALABAMA.
The Secretary shall review the construction of a channel performed by the
non-Federal interest at the project for navigation, Tennessee River,
Bridgeport, Alabama, to determine the Federal navigation interest in such
work.
SEC. 408. ARKANSAS RIVER NAVIGATION SYSTEM.
The Secretary shall expedite completion of the Arkansas River navigation
study, including the feasibility of increasing the authorized channel from 9
feet to 12 feet.
SEC. 409. CACHE CREEK BASIN, CALIFORNIA.
(a) IN GENERAL- The Secretary shall conduct a study to determine the
feasibility of modifying the project for flood control, Cache Creek Basin,
California, authorized by section 401(a) of the Water Resources Development
Act of 1986 (100 Stat. 4112), to authorize construction of features to
mitigate impacts of the project on the storm drainage system of the city of
Woodland, California, that have been caused by construction of a new south
levee of the Cache Creek Settling Basin.
(b) REQUIRED ELEMENTS- The study shall include consideration of--
(1) an outlet works through the Yolo Bypass capable of receiving up to
1,600 cubic feet per second of storm drainage from the city of Woodland and
Yolo County;
(2) a low-flow cross-channel across the Yolo Bypass, including all
appurtenant features, that is sufficient to route storm flows of 1,600 cubic
feet per second between the old and new south levees of the Cache Creek
Settling Basin, across the Yolo Bypass, and into the Tule Canal; and
(3) such other features as the Secretary determines to be
appropriate.
SEC. 410. ESTUDILLO CANAL, SAN LEANDRO, CALIFORNIA.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for flood damage reduction along the Estudillo Canal,
San Leandro, California.
SEC. 411. LAGUNA CREEK, FREMONT, CALIFORNIA.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for flood damage reduction in the Laguna Creek
watershed, Fremont, California.
SEC. 412. LAKE MERRITT, OAKLAND, CALIFORNIA.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for ecosystem restoration, flood damage reduction, and
recreation at Lake Merritt, Oakland, California.
SEC. 413. LANCASTER, CALIFORNIA.
(a) IN GENERAL- The Secretary shall evaluate the report of the city of
Lancaster, California, entitled `Master Plan of Drainage', to determine
whether the plans contained in the report are feasible and in the Federal
interest, including plans relating to drainage corridors located at 52nd
Street West, 35th Street West, North Armargosa, and 20th Street East.
(b) REPORT- Not later than September 30, 2001, the Secretary shall
transmit to Congress a report on the results of the evaluation.
SEC. 414. OCEANSIDE, CALIFORNIA.
Not later than 32 months after the date of enactment of this Act, the
Secretary shall conduct a study, at Federal expense, of plans--
(1) to mitigate for the erosion and other impacts resulting from the
construction of Camp Pendleton Harbor, Oceanside, California, as a wartime
measure; and
(2) to restore beach conditions along the affected public and private
shores to the conditions that existed before the construction of Camp
Pendleton Harbor.
SEC. 415. SAN JACINTO WATERSHED, CALIFORNIA.
(a) IN GENERAL- The Secretary shall conduct a watershed study for the San
Jacinto watershed, California.
(b) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be
appropriated to carry out this section $250,000.
SEC. 416. SUISUN MARSH, CALIFORNIA.
The investigation for Suisun Marsh, California, authorized under the
Energy and Water Development Appropriations Act, 2000 (Public Law 106-60),
shall be limited to evaluating the feasibility of the levee enhancement and
managed wetlands protection program for Suisun Marsh, California.
SEC. 417. DELAWARE RIVER WATERSHED.
(a) STUDY- The Secretary shall conduct studies and assessments to analyze
the sources and impacts of sediment contamination in the Delaware River
watershed.
(b) ACTIVITIES- Activities authorized under this section may be conducted
by a university with expertise in research in contaminated sediment
sciences.
(c) AUTHORIZATION OF APPROPRIATIONS-
(1) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be
appropriated to the Secretary to carry out this section $5,000,000. Such
sums shall remain available until expended.
(2) CORPS OF ENGINEERS EXPENSES- 10 percent of the amounts appropriated
to carry out this section may be used by the Corps of Engineers district
offices to administer and implement studies and assessments under this
section.
SEC. 418. BREVARD COUNTY, FLORIDA.
The Secretary shall prepare a general reevaluation report on the project
for shoreline protection, Brevard County, Florida, authorized by section
101(b)(7) of the Water Resources Development Act of 1996 (110 Stat. 3667), to
determine, if the project were modified to direct the Secretary to incorporate
in the project any or all of the 7.1-mile reach of the project that was
deleted from the south reach of the project, as described in paragraph (5) of
the Report of the Chief of Engineers, dated December 23, 1996, whether the
project as modified would be technically sound, environmentally acceptable,
and economically justified.
SEC. 419. CHOCTAWHATCHEE RIVER, FLORIDA.
The Secretary shall conduct a study to determine the Federal interest in
dredging the mouth of the Choctawhatchee River, Florida, to remove the sand
plug.
SEC. 420. EGMONT KEY, FLORIDA.
The Secretary shall conduct a study to determine the feasibility of
stabilizing the historic fortifications and beach areas of Egmont Key,
Florida, that are threatened by erosion.
SEC. 421. UPPER OCKLAWAHA RIVER AND APOPKA/PALATLAKAHA RIVER BASINS,
FLORIDA.
(a) IN GENERAL- The Secretary shall conduct a restudy of flooding and
water quality issues in--
(1) the upper Ocklawaha River basin, south of the Silver River;
and
(2) the Apopka River and Palatlakaha River basins.
(b) REQUIRED ELEMENTS- In carrying out subsection (a), the Secretary shall
review the report of the Chief of Engineers on the Four River Basins, Florida,
project, published as House Document No. 585, 87th Congress, and other
pertinent reports to determine the feasibility of measures relating to
comprehensive watershed planning for water conservation, flood control,
environmental restoration and protection, and other issues relating to water
resources in the river basins described in subsection (a).
SEC. 422. LAKE ALLATOONA WATERSHED, GEORGIA.
Section 413 of the Water Resources Development Act of 1999 (113 Stat. 324)
is amended to read as follows:
`SEC. 413. LAKE ALLATOONA WATERSHED, GEORGIA.
`(a) IN GENERAL- The Secretary shall conduct a comprehensive study of the
Lake Allatoona watershed, Georgia, to determine the feasibility of undertaking
ecosystem restoration and resource protection measures.
`(b) MATTERS TO BE ADDRESSED- The study shall address streambank and
shoreline erosion, sedimentation, water quality, fish and wildlife habitat
degradation, and other problems relating to ecosystem restoration and resource
protection in the Lake Allatoona watershed.'.
SEC. 423. BOISE RIVER, IDAHO.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for flood damage reduction along the Boise River,
Idaho.
SEC. 424. WOOD RIVER, IDAHO.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for flood damage reduction along the Wood River in
Blaine County, Idaho.
SEC. 425. CHICAGO, ILLINOIS.
(a) IN GENERAL- The Secretary shall conduct a study to determine the
feasibility of carrying out a project for shoreline protection along the
Chicago River, Chicago, Illinois.
(b) SITES- Under subsection (a), the Secretary shall study--
(1) the USX/Southworks site;
(2) Calumet Lake and River;
(3) the Canal Origins Heritage Corridor; and
(c) USE OF INFORMATION; CONSULTATION- In carrying out this section, the
Secretary shall use available information from, and consult with, appropriate
Federal, State, and local agencies.
SEC. 426. CHICAGO SANITARY AND SHIP CANAL SYSTEM, CHICAGO,
ILLINOIS.
The Secretary shall conduct a study to determine the feasibility of
reducing the use of the waters of Lake Michigan to support navigation in the
Chicago sanitary and ship canal system, Chicago, Illinois.
SEC. 427. LONG LAKE, INDIANA.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for ecosystem restoration, Long Lake, Indiana.
SEC. 428. BRUSH AND ROCK CREEKS, MISSION HILLS AND FAIRWAY,
KANSAS.
The Secretary shall evaluate the preliminary engineering report for the
project for flood control, Mission Hills and Fairway, Kansas, entitled
`Preliminary Engineering Report: Brush Creek/Rock Creek Drainage Improvements,
66th Street to State Line Road', to determine whether the plans contained in
the report are feasible and in the Federal interest.
SEC. 429. ATCHAFALAYA RIVER, BAYOUS CHENE, BOEUF, AND BLACK,
LOUISIANA.
The Secretary shall investigate the problems associated with the mixture
of freshwater, saltwater, and fine river silt in the channel of the project
for navigation, Atchafalaya River and Bayous Chene, Boeuf, and Black,
Louisiana, authorized by section 101 of the River and Harbor Act of 1968 (82
Stat. 731), and recommend a solution to the problems.
SEC. 430. BOEUF AND BLACK, LOUISIANA.
The Secretary shall conduct a study to determine the feasibility of
deepening the navigation channel of the Atchafalaya River and Bayous Chene,
Boeuf and Black, Louisiana, from 20 feet to 35 feet.
SEC. 431. IBERIA PORT, LOUISIANA.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for navigation, Iberia Port, Louisiana.
SEC. 432. LAKE PONTCHARTRAIN SEAWALL, LOUISIANA.
Not later than 180 days after the date of enactment of this Act, the
Secretary shall complete a post-authorization change report on the project for
hurricane-flood protection, Lake Pontchartrain, Louisiana, authorized by
section 204 of the Flood Control Act of 1965 (79 Stat. 1077), to include
structural modifications to the seawall providing protection along the south
shore of Lake Pontchartrain from the New Basin Canal on the west to the Inner
Harbor Navigation Canal on the east.
SEC. 433. LOWER ATCHAFALAYA BASIN, LOUISIANA.
As part of the Lower Atchafalaya basin reevaluation study, the Secretary
shall determine the feasibility of carrying out a project for flood damage
reduction, Stephensville, Louisiana.
SEC. 434. ST. JOHN THE BAPTIST PARISH, LOUISIANA.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for flood damage reduction on the east bank of the
Mississippi River in St. John the Baptist Parish, Louisiana.
SEC. 435. SOUTH LOUISIANA.
The Secretary shall conduct a study to determine the feasibility of
carrying out projects for hurricane protection in the coastal area of the
State of Louisiana between Morgan City and the Pearl River.
SEC. 436. PORTSMOUTH HARBOR AND PISCATAQUA RIVER, MAINE AND NEW
HAMPSHIRE.
The Secretary shall conduct a study to determine the feasibility of
modifying the project for navigation, Portsmouth Harbor and Piscataqua River,
Maine and New Hampshire, authorized by section 101 of the River and Harbor Act
of 1962 (76 Stat. 1173) and modified by section 202(a) of the Water Resources
Development Act of 1986 (100 Stat. 4095), to increase the authorized width of
turning basins in the Piscataqua River to 1,000 feet.
SEC. 437. MERRIMACK RIVER BASIN, MASSACHUSETTS AND NEW
HAMPSHIRE.
(a) IN GENERAL- The Secretary shall conduct a comprehensive study of the
water resources needs of the Merrimack River basin, Massachusetts and New
Hampshire, in the manner described in section 729 of the Water Resources
Development Act of 1986 (100 Stat. 4164).
(b) CONSIDERATION OF OTHER STUDIES- In carrying out this section, the
Secretary may take into consideration any studies conducted by the University
of New Hampshire on environmental restoration of the Merrimack River
System.
SEC. 438. WILD RICE RIVER, MINNESOTA.
The Secretary shall prepare a general reevaluation report on the project
for flood control, Wild Rice River, Minnesota, authorized by section 201 of
the Flood Control Act of 1970 (84 Stat. 1825). In carrying out the
reevaluation, the Secretary shall include river dredging as a component of the
study.
SEC. 439. PORT OF GULFPORT, MISSISSIPPI.
The Secretary shall conduct a study to determine the feasibility of
modifying the project for navigation, Gulfport Harbor, Mississippi, authorized
by section 202(a) of the Water Resources Development Act of 1986 (100 Stat.
4094) and modified by section 4(n) of the Water Resources Development Act of
1988 (102 Stat. 4017).
SEC. 440. LAS VEGAS VALLEY, NEVADA.
Section 432(b) of the Water Resources Development Act of 1999 (113 Stat.
327) is amended by inserting `recreation,' after `runoff),'.
SEC. 441. UPLAND DISPOSAL SITES IN NEW HAMPSHIRE.
In conjunction with the State of New Hampshire, the Secretary shall
conduct a study to identify and evaluate potential upland disposal sites for
dredged material originating from harbor areas located within the State.
SEC. 442. SOUTHWEST VALLEY, ALBUQUERQUE, NEW MEXICO.
Section 433 of the Water Resources Development Act of 1999 (113 Stat. 327)
is amended--
(1) by inserting `(a) IN GENERAL- ' before `The'; and
(2) by adding at the end the following:
`(b) EVALUATION OF FLOOD DAMAGE REDUCTION MEASURES- In conducting the
study, the Secretary shall evaluate flood damage reduction measures that would
otherwise be excluded from the feasibility analysis based on policies of the
Corps of Engineers concerning the frequency of flooding, the drainage area,
and the amount of runoff.'.
SEC. 443. BUFFALO HARBOR, BUFFALO, NEW YORK.
(a) IN GENERAL- The Secretary shall conduct a study to determine the
advisability and potential impacts of declaring as nonnavigable a portion of
the channel at Control Point Draw, Buffalo Harbor, Buffalo New York.
(b) CONTENTS- The study conducted under this section shall include an
examination of other options to meet intermodal transportation needs in the
area.
SEC. 444. JAMESVILLE RESERVOIR, ONONDAGA COUNTY, NEW YORK.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for aquatic ecosystem restoration, flood damage
reduction, and water quality, Jamesville Reservoir, Onondaga County, New
York.
SEC. 445. BOGUE BANKS, CARTERET COUNTY, NORTH CAROLINA.
The Secretary shall expedite completion of a study under section 145 of
the Water Resources Development Act of 1976 (33 U.S.C. 426j) on the expedited
renourishment, through sharing of the costs of deposition of sand and other
material used for beach renourishment, of the beaches of Bogue Banks in
Carteret County, North Carolina, including Atlantic Beach, Pine Knoll Shores
Beach, Salter Path Beach, Indian Beach, and Emerald Isle Beach.
SEC. 446. DUCK CREEK WATERSHED, OHIO.
The Secretary shall conduct a study to determine the feasibility of
carrying out flood control, environmental restoration, and aquatic ecosystem
restoration measures in the Duck Creek watershed, Ohio.
SEC. 447. FREMONT, OHIO.
In consultation with appropriate Federal, State, and local agencies, the
Secretary shall conduct a study to determine the feasibility of carrying out
projects for water supply and environmental restoration at the Ballville Dam
on the Sandusky River at Fremont, Ohio.
SEC. 448. STEUBENVILLE, OHIO.
The Secretary shall conduct a study to determine the feasibility of
developing a public port along the Ohio River in the vicinity of Steubenville,
Ohio.
SEC. 449. GRAND LAKE, OKLAHOMA.
(a) EVALUATION- The Secretary shall--
(1) evaluate the backwater effects specifically due to flood control
operations on land around Grand Lake, Oklahoma; and
(2) transmit, not later than 180 days after the date of enactment of
this Act, to Congress a report on whether Federal actions have been a
significant cause of the backwater effects.
(1) IN GENERAL- The Secretary shall conduct a study to determine the
feasibility of--
(A) addressing the backwater effects of the operation of the Pensacola
Dam, Grand/Neosho River basin, Oklahoma; and
(B) purchasing easements for any land that has been adversely affected
by backwater flooding in the Grand/Neosho River basin.
(2) COST SHARING- If the Secretary determines under subsection (a)(2)
that Federal actions have been a significant cause of the backwater effects,
the Federal share of the costs of the feasibility study under paragraph (1)
shall be 100 percent.
SEC. 450. COLUMBIA SLOUGH, OREGON.
Not later than 180 days after the date of enactment of this Act, the
Secretary shall complete under section 1135 of the Water Resources Development
Act of 1986 (33 U.S.C. 2309a) a feasibility study for the ecosystem
restoration project at Columbia Slough, Oregon. If the Secretary determines
that the project is appropriate, the Secretary may carry out the project on an
expedited basis under such section.
SEC. 451. CLIFF WALK IN NEWPORT, RHODE ISLAND.
The Secretary shall conduct a study to determine the project deficiencies
and identify the necessary measures to restore the project for Cliff Walk in
Newport, Rhode Island, to meet its authorized purpose.
SEC. 452. QUONSET POINT CHANNEL, RHODE ISLAND.
The Secretary shall conduct a study to determine the Federal interest in
dredging the Quonset Point navigation channel in Narragansett Bay, Rhode
Island.
SEC. 453. DREDGED MATERIAL DISPOSAL SITE, RHODE ISLAND.
In consultation with the Administrator of the Environmental Protection
Agency, the Secretary shall conduct a study to determine the feasibility of
designating a permanent site in the State of Rhode Island for the disposal of
dredged material.
SEC. 454. REEDY RIVER, GREENVILLE, SOUTH CAROLINA.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for aquatic ecosystem restoration, flood damage
reduction, and streambank stabilization on the Reedy River, Cleveland Park
West, Greenville, South Carolina.
SEC. 455. CHICKAMAUGA LOCK AND DAM, TENNESSEE.
(a) IN GENERAL- The Secretary shall use $200,000, from funds transferred
from the Tennessee Valley Authority, to prepare a report of the Chief of
Engineers for a replacement lock at Chickamauga Lock and Dam, Tennessee.
(b) FUNDING- As soon as practicable after the date of enactment of this
Act, the Tennessee Valley Authority shall transfer to the Secretary the funds
necessary to carry out subsection (a).
SEC. 456. GERMANTOWN, TENNESSEE.
(a) IN GENERAL- The Secretary shall conduct a study to determine the
feasibility of carrying out a project for flood control and related purposes
along Miller Farms Ditch, Howard Road Drainage, and Wolf River Lateral D,
Germantown, Tennessee.
(b) JUSTIFICATION ANALYSIS- The Secretary shall include environmental and
water quality benefits in the justification analysis for the project.
(c) CREDIT- The Secretary--
(1) shall credit toward the non-Federal share of the cost of the
feasibility study the value of the in-kind services provided by the
non-Federal interests relating to the planning, engineering, and design of
the project, whether carried out before, on, or after the date of execution
of the feasibility study cost-sharing agreement; and
(2) shall consider, for the purposes of paragraph (1), the feasibility
study to be conducted as part of the Memphis Metro Tennessee and Mississippi
study authorized by resolution of the Committee on Transportation and
Infrastructure of the House of Representatives, dated March 7, 1996.
(d) LIMITATION- The Secretary may not reject the project under the
feasibility study based solely on a minimum amount of stream runoff.
SEC. 457. MILWAUKEE, WISCONSIN.
(a) IN GENERAL- The Secretary shall evaluate the report for the project
for flood damage reduction and environmental restoration, Milwaukee,
Wisconsin, entitled `Interim Executive Summary: Menominee River Flood
Management Plan', dated September 1999, to determine whether the plans
contained in the report are cost-effective, technically sound, environmentally
acceptable, and in the Federal interest.
(b) REPORT- Not later than September 30, 2001, the Secretary shall
transmit to Congress a report on the results of the evaluation.
TITLE V--MISCELLANEOUS PROVISIONS
SEC. 501. LAKES PROGRAM.
Section 602 of the Water Resources Development Act of 1986 (100 Stat.
4148-4149), as amended in section 210(b) of this Act, is further amended--
(1) in subsection (b) by inserting `and activity' after `project';
(2) in subsection (c) by inserting `and activities under subsection (f)'
before the comma; and
(3) by adding at the end the following:
`(f) CENTER FOR LAKE EDUCATION AND RESEARCH, OTSEGO LAKE, NEW YORK-
`(1) IN GENERAL- The Secretary shall construct an environmental
education and research facility at Otsego Lake, New York. The purpose of the
Center shall be to--
`(A) conduct nationwide research on the impacts of water quality and
water quantity on lake hydrology and the hydrologic cycle;
`(B) develop technologies and strategies for monitoring and improving
water quality in the Nation's lakes; and
`(C) provide public education regarding the biological, economic,
recreational, and aesthetic value of the Nation's lakes.
`(2) USE OF RESEARCH- The results of research and education activities
carried out at the Center shall be applied to the program under subsection
(a) and to other Federal programs, projects, and activities that are
intended to improve or otherwise affect lakes.
`(3) BIOLOGICAL MONITORING STATION- A central function of the Center
shall be to research, develop, test, and evaluate biological monitoring
technologies and techniques for potential use at lakes listed in subsection
(a) and throughout the Nation.
`(4) CREDIT- The non-Federal sponsor shall receive credit for lands,
easements, rights-of-way, and relocations toward its share of project
costs.
`(5) AUTHORIZATION OF APPROPRIATIONS- In addition to sums authorized by
subsection (d), there is authorized to be appropriated to carry out this
subsection $3,000,000. Such sums shall remain available until
expended.'.
SEC. 502. RESTORATION PROJECTS.
(a) IN GENERAL- Section 539 of the Water Resources Development Act of 1996
(110 Stat. 3776-3777) is amended--
(1) in the section heading by striking `maryland, pennsylvania, and west
virginia';
(2) by striking `and' at the end of subsection (a)(1)(A);
(3) by striking the period at the end of subsection (a)(1)(B) and
inserting a semicolon; and
(4) by adding at the end of subsection (a)(1) the following:
`(C) the Lackawanna River, Pennsylvania;
`(D) the Soda Butte Creek, Silver Creek, and Elkhorn Mountain
drainages, Montana;
`(E) the Pemigewasset River watershed, New Hampshire;
`(F) the Hocking River, Ohio; and
`(G) the Clinch River watershed and Powell River watershed,
Virginia.'.
(b) AUTHORIZATION OF APPROPRIATIONS- Section 539(d) of such Act (110 Stat.
3776-3777) is amended--
(1) by striking `(a)(1)(A) and' and inserting `(a)(1)(A),'; and
(2) by inserting `, $5,000,000 for projects undertaken under subsection
(a)(1)(C), $5,000,000 for projects undertaken under subsection (a)(1)(D),
$1,500,000 for projects undertaken under subsection (a)(1)(E), $2,500,000
for projects undertaken under subsection (a)(1)(F), and $5,000,000 for
projects undertaken under subsection (a)(1)(G)' before the period at the
end.
SEC. 503. SUPPORT OF ARMY CIVIL WORKS PROGRAM.
The requirements of section 2361 of title 10, United States Code, shall
not apply to any contract, cooperative research and development agreement,
cooperative agreement, or grant entered into under section 229 of the Water
Resources Development Act of 1996 (33 U.S.C. 2313b) between the Secretary and
Marshall University or entered into under section 350 of the Water Resources
Development Act of 1999 (113 Stat. 310) between the Secretary and Juniata
College, Pennsylvania.
SEC. 504. EXPORT OF WATER FROM GREAT LAKES.
(a) ADDITIONAL FINDING- Section 1109(b) of the Water Resources Development
Act of 1986 (42 U.S.C. 1962d-20(b)) is amended--
(1) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4);
and
(2) by inserting after paragraph (1) the following:
`(2) to encourage the Great Lakes States, in consultation with the
Provinces of Ontario and Quebec, to develop and implement a mechanism that
provides a common conservation standard embodying the principles of water
conservation and resource improvement for making decisions concerning the
withdrawal and use of water from the Great Lakes Basin;'.
(b) APPROVAL OF GOVERNORS FOR EXPORT OF WATER- Section 1109(d) of the
Water Resources Development Act of 1986 (42 U.S.C. 1962d-20(d)) is amended
by--
(1) inserting `or exported' after `diverted'; and
(2) inserting `or export' after `diversion'.
(c) SENSE OF CONGRESS- It is the sense of Congress that the Secretary of
State should work with the Canadian Government to encourage and support the
Provinces in the development and implementation of a mechanism and standard
concerning the withdrawal and use of water from the Great Lakes Basin
consistent with those mechanisms and standards developed by the Great Lakes
States.
SEC. 505. GREAT LAKES TRIBUTARY MODEL.
Section 516 of the Water Resources Development Act of 1996 (33 U.S.C.
2326b) is amended--
(1) by adding at the end of subsection (e) the following:
`(3) REPORT- Not later than December 31, 2003, the Secretary shall
transmit to Congress a report on the Secretary's activities under this
subsection.'; and
(A) by striking `There is authorized' and inserting the
following:
`(1) IN GENERAL- There is authorized';
(B) by adding at the end the following:
`(2) GREAT LAKES TRIBUTARY MODEL- In addition to amounts made available
under paragraph (1), there is authorized to be appropriated to carry out
subsection (e) $5,000,000 for each of fiscal years 2002 through 2006.';
and
(C) by aligning the remainder of the text of paragraph (1) (as
designated by subparagraph (A) of this paragraph) with paragraph (2) (as
added by subparagraph (B) of this paragraph).
SEC. 506. GREAT LAKES FISHERY AND ECOSYSTEM RESTORATION.
(a) FINDINGS- Congress finds that--
(1) the Great Lakes comprise a nationally and internationally
significant fishery and ecosystem;
(2) the Great Lakes fishery and ecosystem should be developed and
enhanced in a coordinated manner; and
(3) the Great Lakes fishery and ecosystem provides a diversity of
opportunities, experiences, and beneficial uses.
(b) DEFINITIONS- In this section, the following definitions apply:
(A) IN GENERAL- The term `Great Lake' means Lake Superior, Lake
Michigan, Lake Huron (including Lake St. Clair), Lake Erie, and Lake
Ontario (including the St. Lawrence River to the 45th parallel of
latitude).
(B) INCLUSIONS- The term `Great Lake' includes any connecting channel,
historically connected tributary, and basin of a lake specified in
subparagraph (A).
(2) GREAT LAKES COMMISSION- The term `Great Lakes Commission' means the
Great Lakes Commission established by the Great Lakes Basin Compact (82
Stat. 414).
(3) GREAT LAKES FISHERY COMMISSION- The term `Great Lakes Fishery
Commission' has the meaning given the term `Commission' in section 2 of the
Great Lakes Fishery Act of 1956 (16 U.S.C. 931).
(4) GREAT LAKES STATE- The term `Great Lakes State' means each of the
States of Illinois, Indiana, Michigan, Minnesota, Ohio, Pennsylvania, New
York, and Wisconsin.
(c) GREAT LAKES FISHERY AND ECOSYSTEM RESTORATION-
(A) IN GENERAL- Not later than 1 year after the date of enactment of
this Act, the Secretary shall develop a plan for activities of the Corps
of Engineers that support the management of Great Lakes
fisheries.
(B) USE OF EXISTING DOCUMENTS- To the maximum extent practicable, the
plan shall make use of and incorporate documents that relate to the Great
Lakes and are in existence on the date of enactment of this Act, such as
lakewide management plans and remedial action plans.
(C) COOPERATION- The Secretary shall develop the plan in cooperation
with--
(i) the signatories to the Joint Strategic Plan for Management of
the Great Lakes Fisheries; and
(ii) other affected interests.
(2) PROJECTS- The Secretary shall plan, design, and construct projects
to support the restoration of the fishery, ecosystem, and beneficial uses of
the Great Lakes.
(A) IN GENERAL- The Secretary shall develop a program to evaluate the
success of the projects carried out under paragraph (2) in meeting fishery
and ecosystem restoration goals.
(B) STUDIES- Evaluations under subparagraph (A) shall be conducted in
consultation with the Great Lakes Fishery Commission and appropriate
Federal, State, and local agencies.
(d) COOPERATIVE AGREEMENTS- In carrying out this section, the Secretary
may enter into a cooperative agreement with the Great Lakes Commission or any
other agency established to facilitate active State participation in
management of the Great Lakes.
(e) RELATIONSHIP TO OTHER GREAT LAKES ACTIVITIES- No activity under this
section shall affect the date of completion of any other activity relating to
the Great Lakes that is authorized under other law.
(1) DEVELOPMENT OF PLAN- The Federal share of the cost of development of
the plan under subsection (c)(1) shall be 65 percent.
(2) PROJECT PLANNING, DESIGN, CONSTRUCTION, AND EVALUATION- The Federal
share of the cost of planning, design, construction, and evaluation of a
project under paragraph (2) or (3) of subsection (c) shall be 65
percent.
(A) CREDIT FOR LAND, EASEMENTS, AND RIGHTS-OF-WAY- The Secretary shall
credit the non-Federal interest for the value of any land, easement,
right-of-way, dredged material disposal area, or relocation provided for
carrying out a project under subsection (c)(2).
(B) FORM- The non-Federal interest may provide up to 50 percent of the
non-Federal share required under paragraphs (1) and (2) in the form of
services, materials, supplies, or other in-kind contributions.
(4) OPERATION AND MAINTENANCE- The operation, maintenance, repair,
rehabilitation, and replacement of projects carried out under this section
shall be a non-Federal responsibility.
(5) NON-FEDERAL INTERESTS- Notwithstanding section 221 of the Flood
Control Act of 1970 (42 U.S.C. 1962d-5b), for any project carried out under
this section, a non-Federal interest may include a private interest and a
nonprofit entity.
(g) AUTHORIZATION OF APPROPRIATIONS-
(1) DEVELOPMENT OF PLAN- There is authorized to be appropriated for
development of the plan under subsection (c)(1) $300,000.
(2) OTHER ACTIVITIES- There is authorized to be appropriated to carry
out paragraphs (2) and (3) of subsection (c) $100,000,000.
SEC. 507. NEW ENGLAND WATER RESOURCES AND ECOSYSTEM
RESTORATION.
(a) DEFINITIONS- In this section, the following definitions apply:
(1) CRITICAL RESTORATION PROJECT- The term `critical restoration
project' means a project that will produce, consistent with Federal
programs, projects, and activities, immediate and substantial ecosystem
restoration, preservation, and protection benefits.
(2) NEW ENGLAND- The term `New England' means all watersheds, estuaries,
and related coastal areas in the States of Connecticut, Maine,
Massachusetts, New Hampshire, Rhode Island, and Vermont.
(1) IN GENERAL- The Secretary, in coordination with appropriate Federal,
State, tribal, regional, and local agencies, shall perform an assessment of
the condition of water resources and related ecosystems in New England to
identify problems and needs for restoring, preserving, and protecting water
resources, ecosystems, wildlife, and fisheries.
(2) MATTERS TO BE ADDRESSED- The assessment shall include--
(A) development of criteria for identifying and prioritizing the most
critical problems and needs; and
(B) a framework for development of watershed or regional restoration
plans.
(3) USE OF EXISTING INFORMATION- In performing the assessment, the
Secretary shall, to the maximum extent practicable, use--
(A) information that is available on the date of enactment of this
Act; and
(B) ongoing efforts of all participating agencies.
(A) IN GENERAL- Not later than 1 year after the date of enactment of
this Act, the Secretary shall develop and make available for public review
and comment--
(i) criteria for identifying and prioritizing critical problems and
needs; and
(ii) a framework for development of watershed or regional
restoration plans.
(B) USE OF RESOURCES- In developing the criteria and framework, the
Secretary shall make full use of all available Federal, State, tribal,
regional, and local resources.
(5) REPORT- Not later than October 1, 2002, the Secretary shall transmit
to Congress a report on the assessment.
(1) IN GENERAL- After the report is transmitted under subsection (b)(5),
the Secretary, in coordination with appropriate Federal, State, tribal,
regional, and local agencies, shall--
(A) develop a comprehensive plan for restoring, preserving, and
protecting the water resources and ecosystem in each watershed and region
in New England; and
(B) transmit the plan to Congress.
(2) CONTENTS- Each restoration plan shall include--
(A) a feasibility report; and
(B) a programmatic environmental impact statement covering the
proposed Federal action.
(d) CRITICAL RESTORATION PROJECTS-
(1) IN GENERAL- After the restoration plans are transmitted under
subsection (c)(1)(B), the Secretary, in coordination with appropriate
Federal, State, tribal, regional, and local agencies, shall identify
critical restoration projects that will produce independent, immediate, and
substantial restoration, preservation, and protection benefits.
(2) AGREEMENTS- The Secretary may carry out a critical restoration
project after entering into an agreement with an appropriate non-Federal
interest in accordance with section 221 of the Flood Control Act of 1970 (42
U.S.C. 1962d-5b) and this section.
(3) PROJECT JUSTIFICATION- Notwithstanding section 209 of the Flood
Control Act of 1970 (42 U.S.C. 1962-2) or any other provision of law, in
carrying out a project under this subsection, the Secretary may determine
that the project--
(A) is justified by the environmental benefits derived from the
ecosystem; and
(B) shall not need further economic justification if the Secretary
determines that the project is cost effective.
(4) TIME LIMITATION- No critical restoration project may be initiated
under this subsection after September 30, 2005.
(5) COST LIMITATION- Not more than $5,000,000 in Federal funds may be
used to carry out a project under this subsection.
(A) IN GENERAL- The non-Federal share of the cost of the assessment
under subsection (b) shall be 25 percent.
(B) IN-KIND CONTRIBUTIONS- The non-Federal share may be provided in
the form of services, materials, or other in-kind contributions.
(A) IN GENERAL- The non-Federal share of the cost of developing the
restoration plans under subsection (c) shall be 35 percent.
(B) IN-KIND CONTRIBUTIONS- Up to 50 percent of the non-Federal share
may be provided in the form of services, materials, or other in-kind
contributions.
(3) CRITICAL RESTORATION PROJECTS-
(A) IN GENERAL- The non-Federal share of the cost of carrying out a
project under subsection (d) shall be 35 percent.
(B) IN-KIND CONTRIBUTIONS- Up to 50 percent of the non-Federal share
may be provided in the form of services, materials, or other in-kind
contributions.
(C) REQUIRED NON-FEDERAL CONTRIBUTION- For any critical restoration
project, the non-Federal interest shall--
(i) provide all land, easements, rights-of-way, dredged material
disposal areas, and relocations;
(ii) pay all operation, maintenance, replacement, repair, and
rehabilitation costs; and
(iii) hold the United States harmless from all claims arising from
the construction, operation, and maintenance of the project.
(D) CREDIT- The Secretary shall credit the non-Federal interest for
the value of the land, easements, rights-of-way, dredged material disposal
areas, and relocations provided under subparagraph (C).
(f) AUTHORIZATION OF APPROPRIATIONS-
(1) ASSESSMENT AND RESTORATION PLANS- There is authorized to be
appropriated to carry out subsections (b) and (c) $4,000,000 for each of
fiscal years 2001 through 2005.
(2) CRITICAL RESTORATION PROJECTS- There is authorized to be
appropriated to carry out subsection (d) $55,000,000.
SEC. 508. VISITORS CENTERS.
(a) JOHN PAUL HAMMERSCHMIDT VISITORS CENTER, ARKANSAS- Section 103(e) of
the Water Resources Development Act of 1992 (106 Stat. 4813) is amended by
striking `Arkansas River, Arkansas.' and inserting `Fort Smith, Arkansas, on
land provided by the city of Fort Smith.'.
(b) LOWER MISSISSIPPI RIVER MUSEUM AND RIVERFRONT INTERPRETIVE SITE,
MISSISSIPPI- Section 103(c)(2) of the Water Resources Development Act of 1992
(106 Stat. 4811) is amended in the first sentence by striking `in the vicinity
of the Mississippi River Bridge in Vicksburg, Mississippi.' and inserting
`between the Mississippi River Bridge and the waterfront in downtown
Vicksburg, Mississippi.'.
SEC. 509. CALFED BAY-DELTA PROGRAM ASSISTANCE, CALIFORNIA.
(a) IN GENERAL- The Secretary--
(1) may participate with the appropriate Federal and State agencies in
the planning and management activities associated with the CALFED Bay-Delta
Program referred to in the California Bay-Delta Environmental Enhancement
and Water Security Act (division E of Public Law 104-208; 110 Stat.
3009-748); and
(2) shall integrate, to the maximum extent practicable and in accordance
with applicable law, the activities of the 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 under subsection (a), the Secretary may--
(1) accept and expend funds from other Federal agencies and from
non-Federal public, private, and nonprofit entities to carry out ecosystem
restoration projects and activities associated with the CALFED Bay-Delta
Program; and
(2) in carrying out the projects and activities, enter into contracts,
cooperative research and development agreements, and cooperative agreements
with Federal and non-Federal private, public, and nonprofit entities.
(c) AREA COVERED BY PROGRAM- For the purposes of this section, the area
covered by the CALFED Bay-Delta Program shall be the San Francisco
Bay/Sacramento-San Joaquin Delta Estuary and its watershed (known as the
`Bay-Delta Estuary'), as identified in the Framework Agreement Between the
Governor's Water Policy Council of the State of California and the Federal
Ecosystem Directorate.
(d) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be
appropriated to carry out this section $5,000,000 for fiscal years 2002
through 2005.
SEC. 510. SEWARD, ALASKA.
The Secretary shall carry out, on an emergency one-time basis, necessary
repairs of the Lowell Creek Tunnel in Seward, Alaska, at Federal expense and a
total cost of $3,000,000.
SEC. 511. CLEAR LAKE BASIN, CALIFORNIA.
Amounts made available to the Secretary by the Energy and Water
Development Appropriations Act, 2000 (113 Stat. 483 et seq.) for the project
for aquatic ecosystem restoration, Clear Lake basin, California, to be carried
out under section 206 of the Water Resources Development Act of 1996 (33
U.S.C. 2330), may be used only for the wetlands restoration and creation
elements of the project.
SEC. 512. CONTRA COSTA CANAL, OAKLEY AND KNIGHTSEN,
CALIFORNIA.
The Secretary shall carry out a project for flood damage reduction under
section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s) at the Contra
Costa Canal, Oakley and Knightsen, California, if the Secretary determines
that the project is technically sound, environmentally acceptable, and
economically justified.
SEC. 513. HUNTINGTON BEACH, CALIFORNIA.
The Secretary shall carry out under section 205 of the Flood Control Act
of 1948 (33 U.S.C. 701s) a project for flood damage reduction in Huntington
Beach, California, if the Secretary determines that the project is technically
sound, environmentally acceptable, and economically justified.
SEC. 514. MALLARD SLOUGH, PITTSBURG, CALIFORNIA.
The Secretary shall carry out under section 205 of the Flood Control Act
of 1948 (33 U.S.C. 701s) a project for flood damage reduction in Mallard
Slough, Pittsburg, California, if the Secretary determines that the project is
technically sound, environmentally acceptable, and economically justified.
SEC. 515. PORT EVERGLADES, FLORIDA.
Notwithstanding the absence of a project cooperation agreement, the
Secretary shall reimburse the non-Federal interest for the project for
navigation, Port Everglades Harbor, Florida, $15,003,000 for the Federal share
of costs incurred by the non-Federal interest in carrying out the project and
determined by the Secretary to be eligible for reimbursement under the limited
reevaluation report of the Corps of Engineers, dated April 1998.
SEC. 516. LAKE SIDNEY LANIER, GEORGIA, HOME PRESERVATION.
(a) DEFINITIONS- In this section, the following definitions apply:
(1) EASEMENT PROHIBITION- The term `easement prohibition' means the
rights acquired by the United States in the flowage easements to prohibit
structures for human habitation.
(2) ELIGIBLE PROPERTY OWNER- The term `eligible property owner' means a
person that owns a structure for human habitation that was constructed
before January 1, 2000, and is located on fee land or in violation of the
flowage easement.
(3) FEE LAND- The term `fee land' means the land acquired in fee title
by the United States for the Lake.
(4) FLOWAGE EASEMENT- The term `flowage easement' means an interest in
land that the United States acquired that provides the right to flood, to
the elevation of 1,085 feet above mean sea level (among other rights), land
surrounding the Lake.
(5) LAKE- The term `Lake' means the Lake Sidney Lanier, Georgia, project
of the Corps of Engineers authorized by the first section of the Rivers and
Harbors Act of July 24, 1946 (60 Stat. 635).
(b) ESTABLISHMENT OF PROGRAM- Not later than 120 days after the date of
enactment of this Act, the Secretary shall establish, and provide public
notice of, a program--
(1) to convey to eligible property owners the right to maintain existing
structures for human habitation on fee land; or
(2) to release eligible property owners from the easement prohibition as
it applies to existing structures for human habitation on the flowage
easements (if the floor elevation of the human habitation area is above the
elevation of 1,085 feet above mean sea level).
(c) REGULATIONS- To carry out subsection (b), the Secretary shall issue
regulations that--
(1) require the Corps of Engineers to suspend any activities to require
eligible property owners to remove structures for human habitation that
encroach on fee land or flowage easements;
(2) provide that a person that owns a structure for human habitation on
land adjacent to the Lake shall have a period of 1 year after the date of
enactment of this Act--
(A) to request that the Corps of Engineers resurvey the property of
the person to determine if the person is an eligible property owner under
this section; and
(B) to pay the costs of the resurvey to the Secretary for deposit in
the Corps of Engineers account in accordance with section 2695 of title
10, United States Code;
(3) provide that when a determination is made, through a private survey
or through a boundary line maintenance survey conducted by the Federal
Government, that a structure for human habitation is located on the fee land
or a flowage easement--
(A) the Corps of Engineers shall immediately notify the property owner
by certified mail; and
(B) the property owner shall have a period of 90 days from receipt of
the notice in which to establish that the structure was constructed before
January 1, 2000, and that the property owner is an eligible property owner
under this section;
(4) provide that any private survey shall be subject to review and
approval by the Corps of Engineers to ensure that the private survey
conforms to the boundary line established by the Federal Government;
(5) require the Corps of Engineers to offer to an eligible property
owner a conveyance or release that--
(A) on fee land, conveys by quitclaim deed the minimum land required
to maintain the human habitation structure, reserving the right to flood
to the elevation of 1,085 feet above mean sea level, if
applicable;
(B) in a flowage easement, releases by quitclaim deed the easement
prohibition;
(i) the existing structure shall not be extended further onto fee
land or into the flowage easement; and
(ii) additional structures for human habitation shall not be placed
on fee land or in a flowage easement; and
(i)(I) the United States shall not be liable or responsible for
damage to property or injury to persons caused by operation of the Lake;
and
(II) no claim to compensation shall accrue from the exercise of the
flowage easement rights; and
(ii) the waiver described in clause (i) of any and all claims
against the United States shall be a covenant running with the land and
shall be binding on heirs, successors, assigns, and purchasers of the
property subject to the waiver; and
(6) provide that the eligible property owner shall--
(A) agree to an offer under paragraph (5) not later than 90 days after
the offer is made by the Corps of Engineers; or
(B) comply with the real property rights of the United States and
remove the structure for human habitation and any other unauthorized real
or personal property.
(d) OPTION TO PURCHASE INSURANCE- Nothing in this section precludes a
property owner from purchasing flood insurance to which the property owner may
be eligible.
(e) PRIOR ENCROACHMENT RESOLUTIONS- Nothing in this section affects any
resolution, before the date of enactment of this Act, of an encroachment at
the Lake, whether the resolution was effected through sale, exchange,
voluntary removal, or alteration or removal through litigation.
(f) PRIOR REAL PROPERTY RIGHTS- Nothing in this section--
(1) takes away, diminishes, or eliminates any other real property rights
acquired by the United States at the Lake; or
(2) affects the ability of the United States to require the removal of
any and all encroachments that are constructed or placed on United States
real property or flowage easements at the Lake after December 31,
1999.
SEC. 517. BALLARD'S ISLAND, LA SALLE COUNTY, ILLINOIS.
The Secretary may provide the non-Federal interest for the project for the
improvement of the quality of the environment, Ballard's Island, La Salle
County, Illinois, carried out under section 1135 of the Water Resources
Development Act of 1986 (33 U.S.C. 2309a), credit toward the non-Federal share
of the cost of the project for work performed by the non-Federal interest
after July 1, 1999, if the Secretary determines that the work is integral to
the project.
SEC. 518. LAKE MICHIGAN DIVERSION, ILLINOIS.
Section 1142(b) of the Water Resources Development Act of 1986 (42 U.S.C.
1962d-20 note; 100 Stat. 4253; 113 Stat. 339) is amended by inserting after
`2003' the following: `and $800,000 for each fiscal year beginning after
September 30, 2003,'.
SEC. 519. ILLINOIS RIVER BASIN RESTORATION.
(a) ILLINOIS RIVER BASIN DEFINED- In this section, the term `Illinois
River basin' means the Illinois River, Illinois, its backwaters, its side
channels, and all tributaries, including their watersheds, draining into the
Illinois River.
(1) DEVELOPMENT- The Secretary shall develop, as expeditiously as
practicable, a proposed comprehensive plan for the purpose of restoring,
preserving, and protecting the Illinois River basin.
(2) TECHNOLOGIES AND INNOVATIVE APPROACHES- The comprehensive plan shall
provide for the development of new technologies and innovative
approaches--
(A) to enhance the Illinois River as a vital transportation
corridor;
(B) to improve water quality within the entire Illinois River
basin;
(C) to restore, enhance, and preserve habitat for plants and wildlife;
and
(D) to increase economic opportunity for agriculture and business
communities.
(3) SPECIFIC COMPONENTS- The comprehensive plan shall include such
features as are necessary to provide for--
(A) the development and implementation of a program for sediment
removal technology, sediment characterization, sediment transport, and
beneficial uses of sediment;
(B) the development and implementation of a program for the planning,
conservation, evaluation, and construction of measures for fish and
wildlife habitat conservation and rehabilitation, and stabilization and
enhancement of land and water resources in the basin;
(C) the development and implementation of a long-term resource
monitoring program; and
(D) the development and implementation of a computerized inventory and
analysis system.
(4) CONSULTATION- The comprehensive plan shall be developed by the
Secretary in consultation with appropriate Federal agencies, the State of
Illinois, and the Illinois River Coordinating Council.
(5) REPORT TO CONGRESS- Not later than 2 years after the date of
enactment of this Act, the Secretary shall transmit to Congress a report
containing the comprehensive plan.
(6) ADDITIONAL STUDIES AND ANALYSES- After transmission of a report
under paragraph (5), the Secretary shall continue to conduct such studies
and analyses related to the comprehensive plan as are necessary, consistent
with this subsection.
(c) CRITICAL RESTORATION PROJECTS-
(1) IN GENERAL- If the Secretary, in cooperation with appropriate
Federal agencies and the State of Illinois, determines that a restoration
project for the Illinois River basin will produce independent, immediate,
and substantial restoration, preservation, and protection benefits, the
Secretary shall proceed expeditiously with the implementation of the
project.
(2) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be
appropriated to carry out projects under this subsection $100,000,000 for
fiscal years 2001 through 2004.
(3) FEDERAL SHARE- The Federal share of the cost of carrying out any
project under this subsection shall not exceed $5,000,000.
(1) WATER QUALITY- In carrying out projects and activities under this
section, the Secretary shall take into account the protection of water
quality by considering applicable State water quality standards.
(2) PUBLIC PARTICIPATION- In developing the comprehensive plan under
subsection (b) and carrying out projects under subsection (c), the Secretary
shall implement procedures to facilitate public participation, including
providing advance notice of meetings, providing adequate opportunity for
public input and comment, maintaining appropriate records, and making a
record of the proceedings of meetings available for public inspection.
(e) COORDINATION- The Secretary shall integrate and coordinate projects
and activities carried out under this section with ongoing Federal and State
programs, projects, and activities, including the following:
(1) Upper Mississippi River System-Environmental Management Program
authorized under section 1103 of the Water Resources Development Act of 1986
(33 U.S.C. 652).
(2) Upper Mississippi River Illinois Waterway System Study.
(3) Kankakee River Basin General Investigation.
(4) Peoria Riverfront Development General Investigation.
(5) Illinois River Ecosystem Restoration General Investigation.
(6) Conservation Reserve Program (and other farm programs of the
Department of Agriculture).
(7) Conservation Reserve Enhancement Program (State) and Conservation
2000 Ecosystem Program of the Illinois Department of Natural
Resources.
(8) Conservation 2000 Conservation Practices Program and the Livestock
Management Facilities Act administered by the Illinois Department of
Agriculture.
(9) National Buffer Initiative of the Natural Resources Conservation
Service.
(10) Nonpoint source grant program administered by the Illinois
Environmental Protection Agency.
(1) IN GENERAL- Notwithstanding section 209 of the Flood Control Act of
1970 (42 U.S.C. 1962-2) or any other provision of law, in carrying out
activities to restore, preserve, and protect the Illinois River basin under
this section, the Secretary may determine that the activities--
(A) are justified by the environmental benefits derived by the
Illinois River basin; and
(B) shall not need further economic justification if the Secretary
determines that the activities are cost-effective.
(2) APPLICABILITY- Paragraph (1) shall not apply to any separable
element intended to produce benefits that are predominantly unrelated to the
restoration, preservation, and protection of the Illinois River basin.
(1) IN GENERAL- The non-Federal share of the cost of projects and
activities carried out under this section shall be 35 percent.
(2) OPERATION, MAINTENANCE, REHABILITATION, AND REPLACEMENT- The
operation, maintenance, rehabilitation, and replacement of projects carried
out under this section shall be a non-Federal responsibility.
(3) IN-KIND SERVICES- The Secretary may credit the value of in-kind
services provided by the non-Federal interest for a project or activity
carried out under this section toward not more than 80 percent of the
non-Federal share of the cost of the project or activity. In-kind services
shall include all State funds expended on programs and projects that
accomplish the goals of this section, as determined by the Secretary. The
programs and projects may include the Illinois River Conservation Reserve
Program, the Illinois Conservation 2000 Program, the Open Lands Trust Fund,
and other appropriate programs carried out in the Illinois River
basin.
(A) VALUE OF LANDS- If the Secretary determines that lands or
interests in land acquired by a non-Federal interest, regardless of the
date of acquisition, are integral to a project or activity carried out
under this section, the Secretary may credit the value of the lands or
interests in land toward the non-Federal share of the cost of the project
or activity. Such value shall be determined by the Secretary.
(B) WORK- If the Secretary determines that any work completed by a
non-Federal interest, regardless of the date of completion, is integral to
a project or activity carried out under this section, the Secretary may
credit the value of the work toward the non-Federal share of the cost of
the project or activity. Such value shall be determined by the
Secretary.
SEC. 520. KOONTZ LAKE, INDIANA.
The Secretary shall provide the non-Federal interest for the project for
aquatic ecosystem restoration, Koontz Lake, Indiana, carried out under section
206 of the Water Resources Development Act of 1996 (33 U.S.C. 2330), credit
toward the non-Federal share of the cost of the project for the value of work
performed by the non-Federal interest before the date of execution of the
project cooperation agreement if the Secretary determines that the work is
integral to the project.
SEC. 521. 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 Shores, Cecil County, Maryland. If the Secretary
determines that a disposal site for a Federal navigation project has
contributed to the contamination of the well system, the Secretary may provide
alternative water supplies, including replacement of wells.
SEC. 522. MUDDY RIVER, BROOKLINE AND BOSTON, MASSACHUSETTS.
The Secretary shall carry out the project for flood damage reduction and
environmental restoration, Muddy River, Brookline and Boston, Massachusetts,
substantially in accordance with the plans, and subject to the conditions,
described in the draft evaluation report of the New England District Engineer
entitled `Phase I Muddy River Master Plan', dated June 2000.
SEC. 523. SOO LOCKS, SAULT STE. MARIE, MICHIGAN.
The Secretary may not require a cargo vessel equipped with bow thrusters
and friction winches that is transiting the Soo Locks in Sault Ste. Marie,
Michigan, to provide more than 2 crew members to serve as line handlers on the
pier of a lock, except in adverse weather conditions or if there is a
mechanical failure on the vessel.
SEC. 524. MINNESOTA DAM SAFETY.
(a) INVENTORY AND ASSESSMENT OF OTHER DAMS-
(1) INVENTORY- The Secretary shall establish an inventory of dams
constructed in the State of Minnesota by and using funds made available
through the Works Progress Administration, the Works Projects
Administration, and the Civilian Conservation Corps.
(2) ASSESSMENT OF REHABILITATION NEEDS- In establishing the inventory
required under paragraph (1), the Secretary shall assess the condition of
the dams on the inventory and the need for rehabilitation or modification of
the dams.
(b) REPORT TO CONGRESS- Not later than 2 years after the date of enactment
of this Act, the Secretary shall transmit to Congress a report containing the
inventory and assessment required by this section.
(1) IN GENERAL- If the Secretary determines that a dam referred to in
subsection (a) presents an imminent and substantial risk to public safety,
the Secretary may carry out measures to prevent or mitigate against that
risk.
(2) FEDERAL SHARE- The Federal share of the cost of assistance provided
under this subsection shall be 65 percent.
(d) COORDINATION- In carrying out this section, the Secretary shall
coordinate with the appropriate State dam safety officials and the Director of
the Federal Emergency Management Agency.
(e) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be
appropriated to carry out this section $7,000,000.
SEC. 525. BRUCE F. VENTO UNIT OF THE BOUNDARY WATERS CANOE AREA
WILDERNESS, MINNESOTA.
(a) DESIGNATION- The portion of the Boundary Waters Canoe Area Wilderness,
Minnesota, that is situated north and east of the Gunflint Corridor and
bounded by the United States border with Canada to the north shall be known
and designated as the `Bruce F. Vento Unit of the Boundary Waters Canoe Area
Wilderness'.
(b) LEGAL REFERENCE- Any reference in a law, map, regulation, document,
paper, or other record of the United States to the area referred to in
subsection (a) shall be deemed to be a reference to the `Bruce F. Vento Unit
of the Boundary Waters Canoe Area Wilderness'.
SEC. 526. DULUTH, MINNESOTA, ALTERNATIVE TECHNOLOGY
PROJECT.
(a) PROJECT AUTHORIZATION- Section 541(a) of the Water Resources
Development Act of 1996 (110 Stat. 3777) is amended--
(1) by striking `implement' and inserting `conduct full scale
demonstrations of'; and
(2) by inserting before the period the following: `, including
technologies evaluated for the New York/New Jersey Harbor under section 405
of the Water Resources Development Act of 1992 (33 U.S.C. 2239 note; 106
Stat. 4863)'.
(b) AUTHORIZATION OF APPROPRIATIONS- Section 541(b) of such Act is amended
by striking `$1,000,000' and inserting `$3,000,000'.
SEC. 527. MINNEAPOLIS, MINNESOTA.
(a) IN GENERAL- The Secretary, in cooperation with the State of Minnesota,
shall design and construct the project for environmental restoration and
recreation, Minneapolis, Minnesota, substantially in accordance with the plans
described in the report entitled `Feasibility Study for Mississippi Whitewater
Park, Minneapolis, Minnesota', prepared for the State of Minnesota Department
of Natural Resources, dated June 30, 1999.
(1) IN GENERAL- The non-Federal share of the cost of the project shall
be 35 percent.
(2) LANDS, EASEMENTS, AND RIGHTS-OF-WAY- The non-Federal interest shall
provide all lands, easements, rights-of-way, relocations, and dredged
material disposal areas necessary for construction of the project and shall
receive credit for the cost of providing such lands, easements,
rights-of-way, relocations, and dredged material disposal areas toward the
non-Federal share of the cost of the project.
(3) OPERATION, MAINTENANCE, REPAIR, REHABILITATION, AND REPLACEMENT- The
operation, maintenance, repair, rehabilitation, and replacement of the
project shall be a non-Federal responsibility.
(4) CREDIT FOR NON-FEDERAL WORK- The non-Federal interest shall receive
credit toward the non-Federal share of the cost of the project for work
performed by the non-Federal interest before the date of execution of the
project cooperation agreement if the Secretary determines that the work is
integral to the project.
(c) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be
appropriated $10,000,000 to carry out this section.
SEC. 528. COASTAL MISSISSIPPI WETLANDS RESTORATION PROJECTS.
(a) IN GENERAL- In order to further the purposes of section 204 of the
Water Resources Development Act of 1992 (33 U.S.C. 2326) and section 206 of
the Water Resources Development Act of 1996 (33 U.S.C. 2330), the Secretary
shall participate in restoration projects for critical coastal wetlands and
coastal barrier islands in the State of Mississippi that will produce,
consistent with existing Federal programs, projects, and activities, immediate
and substantial restoration, preservation, and ecosystem protection benefits,
including the beneficial use of dredged material if such use is a
cost-effective means of disposal of such material.
(b) PROJECT SELECTION- The Secretary, in coordination with other Federal,
tribal, State, and local agencies, may identify and implement projects
described in subsection (a) after entering into an agreement with an
appropriate non-Federal interest in accordance with this section.
(c) COST SHARING- Before implementing any project under this section, the
Secretary shall enter into a binding agreement with the non-Federal interests.
The agreement shall provide that the non-Federal responsibility for the
project shall be as follows:
(1) To acquire any lands, easements, rights-of-way, relocations, and
dredged material disposal areas necessary for implementation of the
project.
(2) To hold and save harmless the United States free from claims or
damages due to implementation of the project, except for the negligence of
the Federal Government or its contractors.
(3) To pay 35 percent of project costs.
(d) NONPROFIT ENTITY- For any project undertaken under this section, a
non-Federal interest may include a nonprofit entity with the consent of the
affected local government.
(e) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be
appropriated to carry out this section $10,000,000.
SEC. 529. LAS VEGAS, NEVADA.
(a) DEFINITIONS- In this section, the following definitions apply:
(1) COMMITTEE- The term `Committee' means the Las Vegas Wash
Coordinating Committee.
(2) PLAN- The term `Plan' means the Las Vegas Wash comprehensive
adaptive management plan, developed by the Committee and dated January 20,
2000.
(3) PROJECT- The term `Project' means the Las Vegas Wash wetlands
restoration and Lake Mead improvement project and includes the programs,
features, components, projects, and activities identified in the Plan.
(b) PARTICIPATION IN PROJECT-
(1) IN GENERAL- The Secretary, in conjunction with the Administrator of
the Environmental Protection Agency, the Secretary of Agriculture, and the
Secretary of the Interior and in partnership with the Committee, shall
participate in the implementation of the Project at Las Vegas Wash and Lake
Mead in accordance with the Plan.
(2) COST SHARING REQUIREMENTS-
(A) IN GENERAL- The non-Federal interests shall pay 35 percent of the
cost of any project carried out under this section.
(B) OPERATION AND MAINTENANCE- The non-Federal interests shall be
responsible for all costs associated with operating, maintaining,
replacing, repairing, and rehabilitating all projects carried out under
this section.
(C) FEDERAL LANDS- Notwithstanding any other provision of this
subsection, the Federal share of the cost of a project carried out under
this section on Federal lands shall be 100 percent, including the costs of
operation and maintenance.
(3) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be
appropriated $10,000,000 to carry out this section.
SEC. 530. URBANIZED PEAK FLOOD MANAGEMENT RESEARCH, NEW
JERSEY.
(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 authorized by subsection (a)
shall be accomplished through the New York District of the Corps of Engineers.
The research shall include the following:
(1) Identification of key factors in the development of an urbanized
watershed that affect peak flows in the watershed and downstream.
(2) Development of peak flow management models for 4 to 6 watersheds in
urbanized areas with widely differing geology, shapes, and soil types that
can be used to determine optimal flow reduction factors for individual
watersheds.
(c) REPORT TO CONGRESS- The Secretary shall evaluate policy changes in the
planning process for flood damage reduction projects based on the results of
the research under this section and transmit to Congress a report on such
results not later than 3 years after the date of enactment of this Act.
(d) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be
appropriated to carry out this section $3,000,000.
SEC. 531. NEPPERHAN RIVER, YONKERS, NEW YORK.
The Secretary shall provide technical assistance to the city of Yonkers,
New York, in support of activities relating to the dredging of the Nepperhan
River outlet, New York.
SEC. 532. UPPER MOHAWK RIVER BASIN, NEW YORK.
(a) IN GENERAL- The Secretary, in cooperation with the Secretary of
Agriculture and the State of New York, shall conduct a study, develop a
strategy, and implement a project to reduce flood damages and create wildlife
habitat through wetlands restoration, soil and water conservation practices,
nonstructural measures, and other appropriate means in the Upper Mohawk River
Basin, at an estimated Federal cost of $10,000,000.
(b) IMPLEMENTATION OF STRATEGY- The Secretary shall implement the strategy
under this section in cooperation with local landowners and local government.
Projects to implement the strategy shall be designed to take advantage of
ongoing or planned actions by other agencies, local municipalities, or
nonprofit, nongovernmental organizations with expertise in wetlands
restoration that would increase the effectiveness or decrease the overall cost
of implementing recommended projects and may include the acquisition of
wetlands, from willing sellers, that contribute to the Upper Mohawk River
basin ecosystem.
(c) COOPERATION AGREEMENTS- In carrying out activities under this section,
the Secretary shall enter into cooperation agreements to provide financial
assistance to appropriate Federal, State, and local government agencies and
appropriate nonprofit, nongovernmental organizations with expertise in wetland
restoration, with the consent of the affected local government. Financial
assistance provided may include activities for the implementation of wetlands
restoration projects and soil and water conservation measures.
(d) NON-FEDERAL SHARE- The non-Federal share of the cost of activities
carried out under this section shall be 35 percent and may be provided through
in-kind services and materials.
(e) UPPER MOHAWK RIVER BASIN DEFINED- In this section, the term `Upper
Mohawk River basin' means the Mohawk River, its tributaries, and associated
lands upstream of the confluence of the Mohawk River and Canajoharie Creek,
and including Canajoharie Creek, New York.
SEC. 533. FLOOD DAMAGE REDUCTION.
(a) IN GENERAL- In order to assist the States of North Carolina and Ohio
and local governments in mitigating damages resulting from a major disaster,
the Secretary shall carry out flood damage reduction projects by protecting,
clearing, and restoring channel dimensions (including removing accumulated
snags and other debris)--
(1) in eastern North Carolina, in--
(A) New River and tributaries;
(B) White Oak River and tributaries;
(C) Neuse River and tributaries; and
(D) Pamlico River and tributaries; and
(b) COST SHARE- The non-Federal interest for a project under this section
shall--
(1) pay 35 percent of the cost of the project; and
(2) provide any lands, easements, rights-of-way, relocations, and
material disposal areas necessary for implementation of the project.
(c) CONDITIONS- The Secretary may not reject a project based solely on a
minimum amount of stream runoff.
(d) MAJOR DISASTER DEFINED- In this section, the term `major disaster'
means a major disaster declared under title IV of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 et seq.) before
the date of enactment of this Act.
(e) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be
appropriated to carry out this section $6,000,000 for fiscal years 2001
through 2003.
SEC. 534. CUYAHOGA RIVER, OHIO.
(a) IN GENERAL- The Secretary shall provide technical assistance to
non-Federal interests for an evaluation of the structural integrity of the
bulkhead system located along the Cuyahoga River in the vicinity of Cleveland,
Ohio, at a total cost of $500,000.
(b) EVALUATION- The evaluation described in subsection (a) shall include
design analysis, plans and specifications, and cost estimates for repair or
replacement of the bulkhead system.
SEC. 535. CROWDER POINT, CROWDER, OKLAHOMA.
At the request of the city of Crowder, Oklahoma, the Secretary shall enter
into a long-term lease, not to exceed 99 years, with the city under which the
city may develop, operate, and maintain as a public park all or a portion of
approximately 260 acres of land known as Crowder Point on Lake Eufaula,
Oklahoma. The lease shall include such terms and conditions as the Secretary
determines are necessary to protect the interest of the United States and
project purposes and shall be made without consideration to the United
States.
SEC. 536. LOWER COLUMBIA RIVER AND TILLAMOOK BAY ECOSYSTEM RESTORATION,
OREGON AND WASHINGTON.
(a) IN GENERAL- The Secretary shall conduct studies and ecosystem
restoration projects for the lower Columbia River and Tillamook Bay estuaries,
Oregon and Washington.
(b) USE OF MANAGEMENT PLANS-
(1) LOWER COLUMBIA RIVER ESTUARY-
(A) IN GENERAL- In carrying out ecosystem restoration projects under
this section, the Secretary shall use as a guide the Lower Columbia River
estuary program's comprehensive conservation and management plan developed
under section 320 of the Federal Water Pollution Control Act (33 U.S.C.
1330).
(B) CONSULTATION- The Secretary shall carry out ecosystem restoration
projects under this section for the lower Columbia River estuary in
consultation with the Governors of the States of Oregon and Washington and
the heads of appropriate Indian tribes, the Environmental Protection
Agency, the United States Fish and Wildlife Service, the National Marine
Fisheries Service, and the Forest Service.
(2) TILLAMOOK BAY ESTUARY-
(A) IN GENERAL- In carrying out ecosystem restoration projects under
this section, the Secretary shall use as a guide the Tillamook Bay
national estuary project's comprehensive conservation and management plan
developed under section 320 of the Federal Water Pollution Control Act (33
U.S.C. 1330).
(B) CONSULTATION- The Secretary shall carry out ecosystem restoration
projects under this section for the Tillamook Bay estuary in consultation
with the Governor of the State of Oregon and the heads of appropriate
Indian tribes, the Environmental Protection Agency, the United States Fish
and Wildlife Service, the National Marine Fisheries Service, and the
Forest Service.
(c) AUTHORIZED ACTIVITIES-
(1) IN GENERAL- In carrying out ecosystem restoration projects under
this section, the Secretary shall undertake activities necessary to protect,
monitor, and restore fish and wildlife habitat.
(2) LIMITATIONS- The Secretary may not carry out any activity under this
section that adversely affects--
(A) the water-related needs of the lower Columbia River estuary or the
Tillamook Bay estuary, including navigation, recreation, and water supply
needs; or
(B) private property rights.
(d) PRIORITY- In determining the priority of projects to be carried out
under this section, the Secretary shall consult with the Implementation
Committee of the Lower Columbia River Estuary Program and the Performance
Partnership Council of the Tillamook Bay National Estuary Project, and shall
consider the recommendations of such entities.
(e) COST-SHARING REQUIREMENTS-
(1) STUDIES- Studies conducted under this section shall be subject to
cost sharing in accordance with section 105 of the Water Resources
Development Act of 1986 (33 U.S.C. 2215).
(2) ECOSYSTEM RESTORATION PROJECTS-
(A) IN GENERAL- Non-Federal interests shall pay 35 percent of the cost
of any ecosystem restoration project carried out under this
section.
(B) ITEMS PROVIDED BY NON-FEDERAL INTERESTS- Non-Federal interests
shall provide all land, easements, rights-of-way, dredged material
disposal areas, and relocations necessary for ecosystem restoration
projects to be carried out under this section. The value of such land,
easements, rights-of-way, dredged material disposal areas, and relocations
shall be credited toward the payment required under this
paragraph.
(C) IN-KIND CONTRIBUTIONS- Not more than 50 percent of the non-Federal
share required under this subsection may be satisfied by the provision of
in-kind services.
(3) OPERATION AND MAINTENANCE- Non-Federal interests shall be
responsible for all costs associated with operating, maintaining, replacing,
repairing, and rehabilitating all projects carried out under this
section.
(4) FEDERAL LANDS- Notwithstanding any other provision of this
subsection, the Federal share of the cost of a project carried out under
this section on Federal lands shall be 100 percent, including costs of
operation and maintenance.
(f) DEFINITIONS- In this section, the following definitions apply:
(1) LOWER COLUMBIA RIVER ESTUARY- The term `lower Columbia River
estuary' means those river reaches having navigation channels on the
mainstem of the Columbia River in Oregon and Washington west of Bonneville
Dam, and the tributaries of such reaches to the extent such tributaries are
tidally influenced.
(2) TILLAMOOK BAY ESTUARY- The term `Tillamook Bay estuary' means those
waters of Tillamook Bay in Oregon and its tributaries that are tidally
influenced.
(g) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be
appropriated to carry out this section $30,000,000.
SEC. 537. ACCESS IMPROVEMENTS, RAYSTOWN LAKE, PENNSYLVANIA.
The Commonwealth of Pennsylvania may transfer any unobligated funds made
available to the Commonwealth for item number 1278 of the table contained in
section 1602 of Public Law 105-178 (112 Stat. 305) to the Secretary for access
improvements at the Raystown Lake project, Pennsylvania.
SEC. 538. UPPER SUSQUEHANNA RIVER BASIN, PENNSYLVANIA AND NEW
YORK.
Section 567 of the Water Resources Development Act of 1996 (110 Stat.
3787-3788) is amended--
(1) by striking subsection (a)(2) and inserting the following:
`(2) The Susquehanna River watershed upstream of the Chemung River, New
York, at an estimated Federal cost of $10,000,000.'; and
(2) by striking subsections (c) and (d) and inserting the
following:
`(c) COOPERATION AGREEMENTS- In conducting the study and developing the
strategy under this section, the Secretary shall enter into cooperation
agreements to provide financial assistance to appropriate Federal, State, and
local government agencies and appropriate nonprofit, nongovernmental
organizations with expertise in wetland restoration, with the consent of the
affected local government. Financial assistance provided may include
activities for the implementation of wetlands restoration projects and soil
and water conservation measures.
`(d) IMPLEMENTATION OF STRATEGY- The Secretary shall undertake development
and implementation of the strategy under this section in cooperation with
local landowners and local government officials. Projects to implement the
strategy shall be designed to take advantage of ongoing or planned actions by
other agencies, local municipalities, or nonprofit, nongovernmental
organizations with expertise in wetlands restoration that would increase the
effectiveness or decrease the overall cost of implementing recommended
projects and may include the acquisition of wetlands, from willing sellers,
that contribute to the Upper Susquehanna River basin ecosystem.'.
SEC. 539. CHARLESTON HARBOR, SOUTH CAROLINA.
(A) IN GENERAL- Not later than 1 year after the date of enactment of
this Act, the Secretary shall develop a plan for activities of the Corps
of Engineers to support the restoration of the ecosystem of the Charleston
Harbor estuary, South Carolina.
(B) COOPERATION- The Secretary shall develop the plan in cooperation
with--
(i) the State of South Carolina; and
(ii) other affected Federal and non-Federal interests.
(2) PROJECTS- The Secretary shall plan, design, and construct projects
to support the restoration of the ecosystem of the Charleston Harbor
estuary.
(A) IN GENERAL- The Secretary shall develop a program to evaluate the
success of the projects carried out under paragraph (2) in meeting
ecosystem restoration goals.
(B) STUDIES- Evaluations under subparagraph (A) shall be conducted in
consultation with the appropriate Federal, State, and local
agencies.
(1) DEVELOPMENT OF PLAN- The Federal share of the cost of development of
the plan under subsection (a)(1) shall be 65 percent.
(2) PROJECT PLANNING, DESIGN, CONSTRUCTION, AND EVALUATION- The Federal
share of the cost of planning, design, construction, and evaluation of a
project under paragraphs (2) and (3) of subsection (a) shall be 65
percent.
(A) CREDIT FOR LAND, EASEMENTS, AND RIGHTS-OF-WAY- The Secretary shall
credit the non-Federal interest for the value of any land, easement,
right-of-way, dredged material disposal area, or relocation provided for
carrying out a project under subsection (a)(2).
(B) FORM- The non-Federal interest may provide up to 50 percent of the
non-Federal share in the form of services, materials, supplies, or other
in-kind contributions.
(4) OPERATION AND MAINTENANCE- The operation, maintenance, repair,
rehabilitation, and replacement of projects carried out under this section
shall be a non-Federal responsibility.
(5) NON-FEDERAL INTERESTS- Notwithstanding section 221 of the Flood
Control Act of 1970 (42 U.S.C. 1962d-5b), for any project carried out under
this section, a non-Federal interest may include a private interest and a
nonprofit entity.
(c) AUTHORIZATION OF APPROPRIATIONS-
(1) DEVELOPMENT OF PLAN- There is authorized to be appropriated to carry
out subsection (a)(1) $300,000.
(2) OTHER ACTIVITIES- There is authorized to be appropriated to carry
out paragraphs (2) and (3) of subsection (a) $5,000,000 for each of fiscal
years 2001 through 2004.
SEC. 540. CHEYENNE RIVER SIOUX TRIBE, LOWER BRULE SIOUX TRIBE, AND SOUTH
DAKOTA TERRESTRIAL WILDLIFE HABITAT RESTORATION.
(a) TERRESTRIAL WILDLIFE HABITAT RESTORATION- Section 602 of the Water
Resources Development Act of 1999 (113 Stat. 385-388) is amended--
(1) in subsection (a)(4)(C)(i) by striking subclause (I) and inserting
the following:
`(I) fund, from funds made available for operation and maintenance
under the Pick-Sloan Missouri River Basin program and through grants
to the State of South Dakota, the Cheyenne River Sioux Tribe, and the
Lower Brule Sioux Tribe--
`(aa) the terrestrial wildlife habitat restoration programs being
carried out as of August 17, 1999, on Oahe and Big Bend project land at a level
that does not exceed the greatest amount of funding that was provided for the
programs during a previous fiscal year; and
`(bb) the carrying out of plans developed under this section; and';
and
(2) in subsection (b)(4)(B) by striking `section 604(d)(3)(A)(iii)' and
inserting `section 604(d)(3)(A)'.
(b) SOUTH DAKOTA TERRESTRIAL WILDLIFE HABITAT RESTORATION TRUST FUND-
Section 603 of the Water Resources Development Act of 1999 (113 Stat. 388-389)
is amended--
(1) in subsection (c)(2) by striking `The' and inserting `In
consultation with the State of South Dakota, the'; and
(A) in paragraph (2) by inserting `Department of Game, Fish and Parks
of the' before `State of'; and
(B) in paragraph (3)(A)(ii)--
(i) in subclause (I) by striking `transferred' and inserting
`transferred or to be transferred'; and
(ii) by striking subclause (II) and inserting the
following:
`(II) fund all costs associated with the lease, ownership,
management, operation, administration, maintenance, or development of
recreation areas and other land that are transferred or to be
transferred to the State of South Dakota by the
Secretary;'.
(c) CHEYENNE RIVER SIOUX TRIBE AND LOWER BRULE SIOUX TRIBE TERRESTRIAL
WILDLIFE HABITAT RESTORATION TRUST FUNDS- Section 604 of the Water Resources
Development Act of 1999 (113 Stat. 389-390) is amended--
(1) in subsection (c)(2) by striking `The' and inserting `In
consultation with the Cheyenne River Sioux Tribe and Lower Brule Sioux
Tribe, the'; and
(A) in paragraph (2) by inserting `as tribal funds' after `for use';
and
(B) in paragraph (3)(A)(ii)--
(i) in subclause (I) by striking `transferred' and inserting
`transferred or to be transferred'; and
(ii) by striking subclause (II) and inserting the
following:
`(II) fund all costs associated with the lease, ownership,
management, operation, administration, maintenance, or development of
recreation areas and other land that are transferred or to be
transferred to the respective affected Indian Tribe by the
Secretary;'.
(d) TRANSFER OF FEDERAL LAND TO STATE OF SOUTH DAKOTA- Section 605 of the
Water Resources Development Act of 1999 (113 Stat. 390-393) is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (B) by striking `in perpetuity' and inserting `for
the life of the Mni Wiconi project';
(B) by redesignating subparagraph (B) as subparagraph (C);
and
(C) by inserting after subparagraph (A) the following:
`(B) DEADLINE FOR TRANSFER OF RECREATION AREAS- Under subparagraph
(A), the Secretary shall transfer recreation areas not later than January
1, 2002.';
(A) by redesignating paragraph (1) as paragraph (1)(A);
(B) by redesignating paragraphs (2) through (4) as subparagraphs (B)
through (D), respectively, of paragraph (1);
(i) in subparagraph (C) (as redesignated by subparagraph (B) of this
paragraph) by inserting `and' after the semicolon; and
(ii) in subparagraph (D) (as redesignated by subparagraph (B) of
this paragraph) by striking `and' and inserting `or'; and
(D) by redesignating paragraph (5) as paragraph (2);
(3) in subsection (d) by striking paragraph (2) and inserting the
following:
`(A) IN GENERAL- The map shall identify all land and structures to be
retained as necessary for continuation of the operation, maintenance,
repair, replacement, rehabilitation, and structural integrity of the dams
and related flood control and hydropower structures.
`(B) LEASE OF RECREATION AREAS-
`(i) IN GENERAL- The Secretary shall lease to the State of South
Dakota in perpetuity all or part of the following recreation areas,
within the boundaries determined under clause (ii), that are adjacent to
land received by the State of South Dakota under this title:
`(aa) Downstream Recreation Area.
`(bb) West Shore Recreation Area.
`(cc) East Shore Recreation Area.
`(dd) Tailrace Recreation Area.
`(II) FORT RANDALL DAM AND LAKE FRANCIS CASE-
`(aa) Randall Creek Recreation Area.
`(bb) South Shore Recreation Area.
`(cc) Spillway Recreation Area.
`(III) GAVINS POINT DAM AND LEWIS AND CLARK LAKE- Pierson Ranch
Recreation Area.
`(ii) LEASE BOUNDARIES- The Secretary shall determine the boundaries
of the recreation areas in consultation with the State of South
Dakota.';
(4) in subsection (f)(1) by striking `Federal law' and inserting `a
Federal law specified in section 607(a)(6) or any other Federal law';
(5) in subsection (g) by striking paragraph (3) and inserting the
following:
`(3) EASEMENTS AND ACCESS-
`(A) IN GENERAL- Not later than 180 days after a request by the State
of South Dakota, the Secretary shall provide to the State of South Dakota
easements and access on land and water below the level of the exclusive
flood pool outside Indian reservations in the State of South Dakota for
recreational and other purposes (including for boat docks, boat ramps, and
related structures).
`(B) NO EFFECT ON MISSION- The easements and access referred to in
subparagraph (A) shall not prevent the Corps from carrying out its mission
under the Act entitled `An Act authorizing the construction of certain
public works on rivers and harbors for flood control, and for other
purposes', approved December 22, 1944 (58 Stat. 887).';
(6) in subsection (h) by striking `of this Act' and inserting `of law';
and
(7) by adding at the end the following:
`(j) CLEANUP OF LAND AND RECREATION AREAS-
`(1) IN GENERAL- Not later than 10 years after the date of enactment of
this subsection, the Secretary shall clean up each open dump and hazardous
waste site identified by the Secretary and located on the land and
recreation areas described in subsections (b) and (c).
`(2) FUNDING- Cleanup activities under paragraph (1) shall be funded
solely from funds made available for operation and maintenance under the
Pick-Sloan Missouri River Basin program.
`(k) CULTURAL RESOURCES ADVISORY COMMISSION-
`(1) IN GENERAL- The State of South Dakota, the Cheyenne River Sioux
Tribe, and the Lower Brule Sioux Tribe may establish an advisory commission
to be known as the `Cultural Resources Advisory Commission' (referred to in
this subsection as the `Commission').
`(2) MEMBERSHIP- The Commission shall be composed of--
`(A) 1 member representing the State of South Dakota;
`(B) 1 member representing the Cheyenne River Sioux Tribe;
`(C) 1 member representing the Lower Brule Sioux Tribe; and
`(D) upon unanimous vote of the members of the Commission described in
subparagraphs (A) through (C), a member representing a federally
recognized Indian Tribe located in the State of North Dakota or South
Dakota that is historically or traditionally affiliated with the Missouri
River basin in South Dakota.
`(3) DUTY- The duty of the Commission shall be to provide advice on the
identification, protection, and preservation of cultural resources on the
land and recreation areas described in subsections (b) and (c) of this
section and subsections (b) and (c) of section 606.
`(4) RESPONSIBILITIES, POWERS, AND ADMINISTRATION- The Governor of the
State of South Dakota, the Chairman of the Cheyenne River Sioux Tribe, and
the Chairman of the Lower Brule Sioux Tribe are encouraged to unanimously
enter into a formal written agreement, not later than 1 year after the date
of enactment of this subsection, to establish the role, responsibilities,
powers, and administration of the Commission.
`(l) INVENTORY AND STABILIZATION OF CULTURAL AND HISTORIC SITES-
`(1) IN GENERAL- Not later than 10 years after the date of enactment of
this subsection, the Secretary, through contracts entered into with the
State of South Dakota, the affected Indian Tribes, and other Indian Tribes
in the States of North Dakota and South Dakota, shall inventory and
stabilize each cultural site and historic site located on the land and
recreation areas described in subsections (b) and (c).
`(2) FUNDING- Inventory and stabilization activities under paragraph (1)
shall be funded solely from funds made available for operation and
maintenance under the Pick-Sloan Missouri River Basin program.'.
(e) TRANSFER OF CORPS OF ENGINEERS LAND FOR AFFECTED INDIAN TRIBES-
Section 606 of the Water Resources Development Act of 1999 (113 Stat. 393-395)
is amended--
(1) in subsection (a)(1) by striking `The Secretary' and inserting `Not
later than January 1, 2002, the Secretary';
(2) in subsection (b)(1) by striking `Big Bend and Oahe' and inserting
`Oahe, Big Bend, and Fort Randall';
(3) in subsection (d) by striking paragraph (2) and inserting the
following:
`(A) IN GENERAL- The map shall identify all land and structures to be
retained as necessary for continuation of the operation, maintenance,
repair, replacement, rehabilitation, and structural integrity of the dams
and related flood control and hydropower structures.
`(B) LEASE OF RECREATION AREAS-
`(i) IN GENERAL- The Secretary shall lease to the Lower Brule Sioux
Tribe in perpetuity all or part of the following recreation areas at Big
Bend Dam and Lake Sharpe:
`(I) Left Tailrace Recreation Area.
`(II) Right Tailrace Recreation Area.
`(III) Good Soldier Creek Recreation Area.
`(ii) LEASE BOUNDARIES- The Secretary shall determine the boundaries
of the recreation areas in consultation with the Lower Brule Sioux
Tribe.';
(A) in paragraph (1) by striking `Federal law' and inserting `a
Federal law specified in section 607(a)(6) or any other Federal
law';
(B) in paragraph (2) by striking subparagraph (C) and inserting the
following:
`(C) EASEMENTS AND ACCESS-
`(i) IN GENERAL- Not later than 180 days after a request by an
affected Indian Tribe, the Secretary shall provide to the affected
Indian Tribe easements and access on land and water below the level of
the exclusive flood pool inside the Indian reservation of the affected
Indian Tribe for recreational and other purposes (including for boat
docks, boat ramps, and related structures).
`(ii) NO EFFECT ON MISSION- The easements and access referred to in
clause (i) shall not prevent the Corps of Engineers from carrying out
its mission under the Act entitled `An Act authorizing the construction
of certain public works on rivers and harbors for flood control, and for
other purposes', approved December 22, 1944 (58 Stat. 887).';
and
(C) in paragraph (3)(B) by inserting before the period at the end the
following: `that were administered by the Corps of Engineers as of the
date of the land transfer.'; and
(5) by adding at the end the following:
`(h) CLEANUP OF LAND AND RECREATION AREAS-
`(1) IN GENERAL- Not later than 10 years after the date of enactment of
this subsection, the Secretary shall clean up each open dump and hazardous
waste site identified by the Secretary and located on the land and
recreation areas described in subsections (b) and (c).
`(2) FUNDING- Cleanup activities under paragraph (1) shall be funded
solely from funds made available for operation and maintenance under the
Pick-Sloan Missouri River Basin program.
`(i) INVENTORY AND STABILIZATION OF CULTURAL AND HISTORIC SITES-
`(1) IN GENERAL- Not later than 10 years after the date of enactment of
this subsection, the Secretary, in consultation with the Cultural Resources
Advisory Commission established under section 605(k) and through contracts
entered into with the State of South Dakota, the affected Indian Tribes, and
other Indian Tribes in the States of North Dakota and South Dakota, shall
inventory and stabilize each cultural site and historic site located on the
land and recreation areas described in subsections (b) and (c).
`(2) FUNDING- Inventory and stabilization activities under paragraph (1)
shall be funded solely from funds made available for operation and
maintenance under the Pick-Sloan Missouri River Basin program.
`(j) SEDIMENT CONTAMINATION-
`(1) IN GENERAL- Not later than 10 years after the date of enactment of
this subsection, the Secretary shall--
`(A) complete a study of sediment contamination in the Cheyenne River;
and
`(B) take appropriate remedial action to eliminate any public health
and environmental risk posed by the contaminated sediment.
`(2) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be
appropriated such sums as are necessary to carry out paragraph (1).'.
(f) BUDGET CONSIDERATIONS- Section 607 of the Water Resources Development
Act of 1999 (113 Stat. 395-396) is amended by adding at the end the
following:
`(d) BUDGET CONSIDERATIONS-
`(1) IN GENERAL- In developing an annual budget to carry out this title,
the Corps of Engineers shall consult with the State of South Dakota and the
affected Indian Tribes.
`(2) INCLUSIONS; AVAILABILITY- The budget referred to in paragraph (1)
shall--
`(B) include all necessary tasks and associated costs; and
`(C) be made available to the State of South Dakota and the affected
Indian Tribes at the time at which the Corps of Engineers submits the
budget to Congress.'.
(g) AUTHORIZATION OF APPROPRIATIONS- Section 609 of the Water Resources
Development Act of 1999 (113 Stat. 396-397) is amended by striking subsection
(a) and inserting the following:
`(1) IN GENERAL- There are authorized to be appropriated to the
Secretary for each fiscal year such sums as are necessary--
`(A) to pay the administrative expenses incurred by the Secretary in
carrying out this title;
`(B) to fund the implementation of terrestrial wildlife habitat
restoration plans under section 602(a);
`(C) to fund activities described in sections 603(d)(3) and 604(d)(3)
with respect to land and recreation areas transferred or to be transferred
to an affected Indian Tribe or the State of South Dakota under section 605
or 606; and
`(D) to fund the annual expenses (not to exceed the Federal cost as of
August 17, 1999) of operating recreation areas transferred or to be
transferred under sections 605(c) and 606(c) to, or leased by, the State
of South Dakota or an affected Indian Tribe, until such time as the trust
funds under sections 603 and 604 are fully capitalized.
`(A) IN GENERAL- For each fiscal year, the Secretary shall allocate
the amounts made available under subparagraphs (B), (C), and (D) of
paragraph (1) as follows:
`(i) $1,000,000 (or, if a lesser amount is so made available for the
fiscal year, the lesser amount) shall be allocated equally among the
State of South Dakota, the Cheyenne River Sioux Tribe, and the Lower
Brule Sioux Tribe, for use in accordance with paragraph (1).
`(ii) Any amounts remaining after the allocation under clause (i)
shall be allocated as follows:
`(I) 65 percent to the State of South Dakota.
`(II) 26 percent to the Cheyenne River Sioux Tribe.
`(III) 9 percent to the Lower Brule Sioux Tribe.
`(B) USE OF ALLOCATIONS- Amounts allocated under subparagraph (A) may
be used at the option of the recipient for any purpose described in
subparagraph (B), (C), or (D) of paragraph (1).'.
(h) CLARIFICATION OF REFERENCES TO INDIAN TRIBES-
(1) DEFINITIONS- Section 601 of the Water Resources Development Act of
1999 (113 Stat. 385) is amended by striking paragraph (1) and inserting the
following:
`(1) AFFECTED INDIAN TRIBE- The term `affected Indian Tribe' means each
of the Cheyenne River Sioux Tribe and the Lower Brule Sioux Tribe.'.
(2) TERRESTRIAL WILDLIFE HABITAT RESTORATION- Section 602(b)(4)(B) of
the Water Resources Development Act of 1999 (113 Stat. 388) is amended by
striking `the Tribe' and inserting `the affected Indian Tribe'.
(3) CHEYENNE RIVER SIOUX TRIBE AND LOWER BRULE SIOUX TRIBE TERRESTRIAL
WILDLIFE HABITAT RESTORATION TRUST FUNDS- Section 604(d)(3)(A) of the Water
Resources Development Act of 1999 (113 Stat. 390) is amended by striking
`the respective Tribe' each place it appears and inserting `the respective
affected Indian Tribe'.
(4) TRANSFER OF FEDERAL LAND TO STATE OF SOUTH DAKOTA- Section 605 of
the Water Resources Development Act of 1999 (113 Stat. 390-393) is
amended--
(A) in subsection (b)(3) by striking `an Indian Tribe' and inserting
`any Indian Tribe'; and
(B) in subsection (c)(1)(B) (as redesignated by subsection (d)(2)(B)
of this section) by striking `an Indian Tribe' and inserting `any Indian
Tribe'.
(5) TRANSFER OF CORPS OF ENGINEERS LAND FOR AFFECTED INDIAN TRIBES-
Section 606 of the Water Resources Development Act of 1999 (113 Stat.
393-395) is amended--
(A) in the section heading by striking `indian tribes' and inserting
`affected indian tribes';
(B) in paragraphs (1) and (4) of subsection (a) by striking `the
Indian Tribes' each place it appears and inserting `the affected Indian
Tribes';
(C) in subsection (c)(2) by striking `an Indian Tribe' and inserting
`any Indian Tribe';
(D) in subsection (f)(2)(B)(i)--
(i) by striking `the respective tribes' and inserting `the
respective affected Indian Tribes'; and
(ii) by striking `the respective Tribe's' and inserting `the
respective affected Indian Tribe's'; and
(E) in subsection (g) by striking `an Indian Tribe' and inserting `any
Indian Tribe'.
(6) ADMINISTRATION- Section 607(a) of the Water Resources Development
Act of 1999 (113 Stat. 395) is amended by striking `an Indian Tribe' each
place it appears and inserting `any Indian Tribe'.
SEC. 541. HORN LAKE CREEK AND TRIBUTARIES, TENNESSEE AND
MISSISSIPPI.
The Secretary shall prepare a limited reevaluation report of the project
for flood control, Horn Lake Creek and Tributaries, Tennessee and Mississippi,
authorized by section 401(a) of the Water Resources Development Act of 1986
(100 Stat. 4124), to determine the feasibility of modifying the project to
provide urban flood protection along Horn Lake Creek and, if the Secretary
determines that the modification is technically sound, environmentally
acceptable, and economically justified, carry out the project as modified in
accordance with the report.
SEC. 542. LAKE CHAMPLAIN WATERSHED, VERMONT AND NEW YORK.
(a) DEFINITIONS- In this section, the following definitions apply:
(1) CRITICAL RESTORATION PROJECT- The term `critical restoration
project' means a project that will produce, consistent with Federal
programs, projects, and activities, immediate and substantial ecosystem
restoration, preservation, and protection benefits.
(2) LAKE CHAMPLAIN WATERSHED- The term `Lake Champlain watershed'
means--
(A) the land areas within Addison, Bennington, Caledonia, Chittenden,
Franklin, Grand Isle, Lamoille, Orange, Orleans, Rutland, and Washington
Counties in the State of Vermont; and
(B)(i) the land areas that drain into Lake Champlain and that are
located within Essex, Clinton, Franklin, Warren, and Washington Counties
in the State of New York; and
(ii) the near-shore areas of Lake Champlain within the counties
referred to in clause (i).
(b) CRITICAL RESTORATION PROJECTS-
(1) IN GENERAL- The Secretary may participate in critical restoration
projects in the Lake Champlain watershed.
(2) TYPES OF PROJECTS- A critical restoration project shall be eligible
for assistance under this section if the critical restoration project
consists of--
(A) implementation of an intergovernmental agreement for coordinating
regulatory and management responsibilities with respect to the Lake
Champlain watershed;
(B) acceleration of whole farm planning to implement best management
practices to maintain or enhance water quality and to promote agricultural
land use in the Lake Champlain watershed;
(C) acceleration of whole community planning to promote
intergovernmental cooperation in the regulation and management of
activities consistent with the goal of maintaining or enhancing water
quality in the Lake Champlain watershed;
(D) natural resource stewardship activities on public or private land
to promote land uses that--
(i) preserve and enhance the economic and social character of the
communities in the Lake Champlain watershed; and
(ii) protect and enhance water quality; or
(E) any other activity determined by the Secretary to be
appropriate.
(c) PUBLIC OWNERSHIP REQUIREMENT- The Secretary may provide assistance for
a critical restoration project under this section only if--
(1) the critical restoration project is publicly owned; or
(2) the non-Federal interest with respect to the critical restoration
project demonstrates that the critical restoration project will provide a
substantial public benefit in the form of water quality improvement.
(1) IN GENERAL- In consultation with the Lake Champlain Basin Program
and the heads of other appropriate Federal, State, tribal, and local
agencies, the Secretary may--
(A) identify critical restoration projects in the Lake Champlain
watershed; and
(B) carry out the critical restoration projects after entering into an
agreement with an appropriate non-Federal interest in accordance with
section 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b) and this
section.
(A) IN GENERAL- A critical restoration project shall be eligible for
financial assistance under this section only if the appropriate State
official for the critical restoration project certifies to the Secretary
that the critical restoration project will contribute to the protection
and enhancement of the quality or quantity of the water resources of the
Lake Champlain watershed.
(B) SPECIAL CONSIDERATION- In certifying critical restoration projects
to the Secretary, the appropriate State officials shall give special
consideration to projects that implement plans, agreements, and measures
that preserve and enhance the economic and social character of the
communities in the Lake Champlain watershed.
(1) IN GENERAL- Before providing assistance under this section with
respect to a critical restoration project, the Secretary shall enter into a
project cooperation agreement that shall require the non-Federal
interest--
(A) to pay 35 percent of the total costs of the project;
(B) to provide any land, easements, rights-of-way, dredged material
disposal areas, and relocations necessary to carry out the
project;
(C) to pay 100 percent of the operation, maintenance, repair,
replacement, and rehabilitation costs associated with the project;
and
(D) to hold the United States harmless from any claim or damage that
may arise from carrying out the project, except any claim or damage that
may arise from the negligence of the Federal Government or a contractor of
the Federal Government.
(A) CREDIT FOR DESIGN WORK- The non-Federal interest shall receive
credit for the reasonable costs of design work carried out by the
non-Federal interest before the date of execution of a project cooperation
agreement for the critical restoration project, if the Secretary finds
that the design work is integral to the project.
(B) CREDIT FOR LAND, EASEMENTS, AND RIGHTS-OF-WAY- The Secretary shall
credit the non-Federal interest for the value of any land, easement,
right-of-way, dredged material disposal area, or relocation provided for
carrying out the project.
(C) FORM- The non-Federal interest may provide up to 50 percent of the
non-Federal share in the form of services, materials, supplies, or other
in-kind contributions.
(f) APPLICABILITY OF OTHER FEDERAL AND STATE LAWS- Nothing in this section
waives, limits, or otherwise affects the applicability of Federal or State law
with respect to a project carried out with assistance provided under this
section.
(g) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be
appropriated to carry out this section $20,000,000, to remain available until
expended.
SEC. 543. VERMONT DAMS REMEDIATION.
(a) IN GENERAL- The Secretary--
(1) shall conduct a study to evaluate the structural integrity and need
for modification or removal of each dam located in the State of Vermont and
described in subsection (b);
(2) shall provide to the non-Federal interest design analysis, plans and
specifications, and cost estimates for repair, restoration, modification,
and removal of each dam described in subsection (b); and
(3) may carry out measures to prevent or mitigate against such risk if
the Secretary determines that a dam described in subsection (b) presents an
imminent and substantial risk to public safety.
(b) DAMS TO BE EVALUATED- The dams referred to in subsection (a) are the
following:
(1) East Barre Dam, Barre Town.
(2) Wrightsville Dam, Middlesex-Montpelier.
(3) Lake Sadawga Dam, Whitingham.
(4) Dufresne Pond Dam, Manchester.
(5) Knapp Brook Site 1 Dam, Cavendish.
(6) Lake Bomoseen Dam, Castleton.
(7) Little Hosmer Dam, Craftsbury.
(8) Colby Pond Dam, Plymouth.
(9) Silver Lake Dam, Barnard.
(10) Gale Meadows Dam, Londonderry.
(c) COST SHARING- The non-Federal share of the cost of activities under
subsection (a) shall be 35 percent.
(d) COORDINATION- In carrying out this section, the Secretary shall
coordinate with the appropriate State dam safety officials and the Director of
the Federal Emergency Management Agency.
(e) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be
appropriated to carry out this section $5,000,000.
SEC. 544. PUGET SOUND AND ADJACENT WATERS RESTORATION,
WASHINGTON.
(a) DEFINITION OF CRITICAL RESTORATION PROJECT- In this section, the term
`critical restoration project' means a project that will produce, consistent
with Federal programs, projects, and activities, immediate and substantial
ecosystem restoration, preservation, and protection benefits.
(b) CRITICAL RESTORATION PROJECTS- The Secretary may participate in
critical restoration projects in the area of Puget Sound, Washington, and
adjacent waters, including--
(1) the watersheds that drain directly into Puget Sound;
(5) the Strait of Juan de Fuca to Cape Flattery.
(1) IN GENERAL- The Secretary may identify critical restoration projects
in the area described in subsection (b) based on--
(A) studies to determine the feasibility of carrying out the critical
restoration projects; and
(B) analyses conducted before the date of enactment of this Act by
non-Federal interests.
(2) CRITERIA AND PROCEDURES FOR REVIEW AND APPROVAL-
(A) IN GENERAL- In consultation with the Secretary of Commerce, the
Secretary of the Interior, the Governor of the State of Washington, tribal
governments, and the heads of other appropriate Federal, State, and local
agencies, the Secretary may develop criteria and procedures for
prioritizing projects identified under paragraph (1).
(B) CONSISTENCY WITH FISH RESTORATION GOALS- The criteria and
procedures developed under subparagraph (A) shall be consistent with fish
restoration goals of the National Marine Fisheries Service and the State
of Washington.
(C) USE OF EXISTING STUDIES AND PLANS- In carrying out subparagraph
(A), the Secretary shall use, to the maximum extent practicable, studies
and plans in existence on the date of enactment of this Act to identify
project needs and priorities.
(3) LOCAL PARTICIPATION- In prioritizing projects for implementation
under this section, the Secretary shall consult with, and consider the
priorities of, public and private entities that are active in watershed
planning and ecosystem restoration in Puget Sound watersheds,
including--
(A) the Salmon Recovery Funding Board;
(B) the Northwest Straits Commission;
(C) the Hood Canal Coordinating Council;
(D) county watershed planning councils; and
(E) salmon enhancement groups.
(d) IMPLEMENTATION- The Secretary may carry out projects identified under
subsection (c) after entering into an agreement with an appropriate
non-Federal interest in accordance with section 221 of the Flood Control Act
of 1970 (42 U.S.C. 1962d-5b) and this section.
(1) IN GENERAL- Before carrying out any project under this section, the
Secretary shall enter into a binding agreement with the non-Federal interest
that shall require the non-Federal interest--
(A) to pay 35 percent of the total costs of the project;
(B) to provide any land, easements, rights-of-way, dredged material
disposal areas and relocations necessary to carry out the
project;
(C) to pay 100 percent of the operation, maintenance, repair,
replacement, and rehabilitation costs associated with the project;
and
(D) to hold the United States harmless from any claim or damage that
may arise from carrying out the project, except any claim or damage that
may arise from the negligence of the Federal Government or a contractor of
the Federal Government.
(A) IN GENERAL- The Secretary shall credit the non-Federal interest
for the value of any land, easement, right-of-way, dredged material
disposal area, or relocation provided for carrying out the
project.
(B) FORM- The non-Federal interest may provide up to 50 percent of the
non-Federal share in the form of services, materials, supplies, or other
in-kind contributions.
(f) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be
appropriated to carry out this section $40,000,000, of which not more than
$5,000,000 may be used to carry out any 1 critical restoration project.
SEC. 545. WILLAPA BAY, WASHINGTON.
(a) STUDY- The Secretary shall conduct a study to determine the
feasibility of providing coastal erosion protection for the tribal reservation
of the Shoalwater Bay Tribe on Willapa Bay, Washington.
(1) IN GENERAL- Notwithstanding any other provision of law (including
any requirement for economic justification), the Secretary may construct and
maintain a project to provide coastal erosion protection for the tribal
reservation of the Shoalwater Bay Tribe on Willapa Bay, Washington, at
Federal expense, if the Secretary determines that the project--
(A) is a cost-effective means of providing erosion
protection;
(B) is environmentally acceptable and technically feasible;
and
(C) will improve the economic and social conditions of the Shoalwater
Bay Tribe.
(2) LAND, EASEMENTS, AND RIGHTS-OF-WAY- As a condition of the project
described in paragraph (1), the Shoalwater Bay Tribe shall provide lands,
easements, rights-of-way, and dredged material disposal areas necessary for
implementation of the project.
SEC. 546. WYNOOCHEE LAKE, WYNOOCHEE RIVER, WASHINGTON.
(a) IN GENERAL- The city of Aberdeen, Washington, may transfer all rights,
title, and interests of the city in the land transferred to the city under
section 203 of the Water Resources Development Act of 1990 (104 Stat. 4632) to
the city of Tacoma, Washington.
(b) CONDITIONS- The transfer under this section shall be subject to the
conditions set forth in section 203(b) of the Water Resources Development Act
of 1990 (104 Stat. 4632); except that the condition set forth in paragraph (1)
of such section shall apply to the city of Tacoma only for so long as the city
of Tacoma has a valid license with the Federal Energy Regulatory Commission
relating to operation of the Wynoochee Dam, Washington.
(c) LIMITATION- The transfer under subsection (a) may be made only after
the Secretary determines that the city of Tacoma will be able to operate,
maintain, repair, replace, and rehabilitate the project for Wynoochee Lake,
Wynoochee River, Washington, authorized by section 203 of the Flood Control
Act of 1962 (76 Stat. 1193), in accordance with such regulations as the
Secretary may issue to ensure that such operation, maintenance, repair,
replacement, and rehabilitation is consistent with project purposes.
(d) WATER SUPPLY CONTRACT- The water supply contract designated as DACWD
67-68-C-0024 shall be null and void if the Secretary exercises the
reversionary right set forth in section 203(b)(3) of the Water Resources
Development Act of 1990 (104 Stat. 4632).
SEC. 547. BLUESTONE, WEST VIRGINIA.
(a) IN GENERAL- The project for flood control, Bluestone Lake, Ohio River
basin, West Virginia, authorized by section 4 of the Flood Control Act of June
28, 1938 (52 Stat. 1217), is modified to authorize construction of
hydroelectric generating facilities at the project by the Tri-Cities Power
Authority of West Virginia under the terms and conditions of the agreement
referred to in subsection (b).
(1) AGREEMENT TERMS- The Secretary and the Secretary of Energy, acting
through the Southeastern Power Administration, shall enter into a binding
agreement with the Tri-Cities Power Authority that contains mutually
acceptable terms and conditions and under which the Tri-Cities Power
Authority agrees to each of the following:
(A) To design and construct the generating facilities referred to in
subsection (a) within 4 years after the date of such agreement.
(B) To reimburse the Secretary for--
(i) the cost of approving such design and inspecting such
construction;
(ii) the cost of providing any assistance authorized under
subsection (c)(2); and
(iii) the redistributed costs associated with the original
construction of the dam and dam safety if all parties agree with the
method of the development of the chargeable amounts associated with
hydropower at the facility.
(C) To release and indemnify the United States from any claims, causes
of action, or liabilities that may arise from such design and construction
of the facilities referred to in subsection (a), including any liability
that may arise out of the removal of the facility if directed by the
Secretary.
(2) ADDITIONAL TERMS- The agreement shall also specify each of the
following:
(A) The procedures and requirements for approval and acceptance of
design, construction, and operation and maintenance of the facilities
referred to in subsection (a).
(B) The rights, responsibilities, and liabilities of each party to the
agreement.
(C) The amount of the payments under subsection (f) and the procedures
under which such payments are to be made.
(1) PROHIBITION- No Federal funds may be expended for the design,
construction, and operation and maintenance of the facilities referred to in
subsection (a) prior to the date on which such facilities are accepted by
the Secretary under subsection (d).
(2) REIMBURSEMENT- Notwithstanding any other provision of law, if
requested by the Tri-Cities Power Authority, the Secretary may provide, on a
reimbursable basis, assistance in connection with the design and
construction of the generating facilities referred to in subsection
(a).
(d) COMPLETION OF CONSTRUCTION-
(1) TRANSFER OF FACILITIES- Notwithstanding any other provision of law,
upon completion of the construction of the facilities referred to in
subsection (a) and final approval of such facilities by the Secretary, the
Tri-Cities Power Authority shall transfer without consideration title to
such facilities to the United States, and the Secretary shall--
(A) accept the transfer of title to such facilities on behalf of the
United States; and
(B) operate and maintain the facilities.
(2) CERTIFICATION- The Secretary may accept title to the facilities
pursuant to paragraph (1) only after certifying that the quality of the
construction meets all standards established for similar facilities
constructed by the Secretary.
(3) AUTHORIZED PROJECT PURPOSES- The operation and maintenance of the
facilities shall be conducted in a manner that is consistent with other
authorized project purposes of the Bluestone Lake facility.
(e) EXCESS POWER- Pursuant to any agreement under subsection (b), the
Southeastern Power Administration shall market the excess power produced by
the facilities referred to in subsection (a) in accordance with section 5 of
the Rivers and Harbors Act of December 22, 1944 (16 U.S.C. 825s; 58 Stat.
890).
(f) PAYMENTS- Notwithstanding any other provision of law, the Secretary of
Energy, acting through the Southeastern Power Administration, may pay, in
accordance with the terms of the agreement entered into under subsection (b),
out of the revenues from the sale of power produced by the generating facility
of the interconnected systems of reservoirs operated by the Secretary and
marketed by the Southeastern Power Administration--
(1) to the Tri-Cities Power Authority all reasonable costs incurred by
the Tri-Cities Power Authority in the design and construction of the
facilities referred to in subsection (a), including the capital investment
in such facilities and a reasonable rate of return on such capital
investment; and
(2) to the Secretary, in accordance with the terms of the agreement
entered into under subsection (b) out of the revenues from the sale of power
produced by the generating facility of the interconnected systems of
reservoirs operated by the Secretary and marketed by the Southeastern Power
Administration, all reasonable costs incurred by the Secretary in the
operation and maintenance of facilities referred to in subsection (a).
(g) AUTHORITY OF SECRETARY OF ENERGY- Notwithstanding any other provision
of law, the Secretary of Energy, acting through the Southeastern Power
Administration, is authorized--
(1) to construct such transmission facilities as necessary to market the
power produced at the facilities referred to in subsection (a) with funds
contributed by the Tri-Cities Power Authority; and
(2) to repay those funds, including interest and any administrative
expenses, directly from the revenues from the sale of power produced by such
facilities of the interconnected systems of reservoirs operated by the
Secretary and marketed by the Southeastern Power Administration.
(h) SAVINGS CLAUSE- Nothing in this section affects any requirement under
Federal or State environmental law relating to the licensing or operation of
the facilities referred to in subsection (a).
SEC. 548. LESAGE/GREENBOTTOM SWAMP, WEST VIRGINIA.
Section 30 of the Water Resources Development Act of 1988 (102 Stat. 4030)
is amended by adding at the end the following:
`(d) HISTORIC STRUCTURE- The Secretary shall ensure the preservation and
restoration of the structure known as the `Jenkins House' located within the
Lesage/Greenbottom Swamp in accordance with standards for sites listed on the
National Register of Historic Places.'.
SEC. 549. TUG FORK RIVER, WEST VIRGINIA.
(a) IN GENERAL- The Secretary may provide planning and design assistance
to non-Federal interests for projects located along the Tug Fork River in West
Virginia and identified by the master plan developed pursuant to section
114(t) of the Water Resources Development Act of 1992 (106 Stat. 4820).
(b) PRIORITIES- In providing assistance under this section, the Secretary
shall give priority to the primary development demonstration sites in West
Virginia identified by the master plan referred to in subsection (a).
(c) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be
appropriated to carry out this section $1,000,000.
SEC. 550. SOUTHERN WEST VIRGINIA.
Section 340(a) of the Water Resources Development Act of 1992 (106 Stat.
4856) is amended in the second sentence by inserting `environmental
restoration,' after `distribution facilities,'.
SEC. 551. SURFSIDE/SUNSET AND NEWPORT BEACH, CALIFORNIA.
The Secretary shall treat the Surfside/Sunset Newport Beach element of the
project for beach erosion, Orange County, California, authorized by section
101 of the River and Harbor Act of 1962 (76 Stat. 1177), as continuing
construction.
SEC. 552. WATERSHED MANAGEMENT, RESTORATION, AND
DEVELOPMENT.
Section 503(d) of the Water Resources Development Act of 1996 (110 Stat.
3756-3757; 113 Stat. 288) is amended by adding at the end the following:
`(28) Tomales Bay watershed, California.
`(29) Kaskaskia River watershed, Illinois.
`(30) Sangamon River watershed, Illinois.
`(31) Upper Charles River watershed, Massachusetts.
`(32) Lackawanna River watershed, Pennsylvania.
`(33) Brazos River watershed, Texas.'.
SEC. 553. MAINTENANCE OF NAVIGATION CHANNELS.
Section 509(a) of the Water Resources Development Act of 1996 (110 Stat.
3759; 113 Stat. 339) is amended by adding at the end the following:
`(16) Cameron Loop, Louisiana, as part of the Calcasieu River and Pass
Ship Channel.
`(17) Morehead City Harbor, North Carolina.'.
SEC. 554. HYDROGRAPHIC SURVEY.
The Secretary shall enter into an agreement with the Administrator of the
National Oceanic and Atmospheric Administration--
(1) to require the Secretary, not later than 60 days after the Corps of
Engineers completes a project involving dredging of a channel, to provide
data to the Administration in a standard digital format on the results of a
hydrographic survey of the channel conducted by the Corps of Engineers;
and
(2) to require the Administrator to provide the final charts with
respect to the project to the Secretary in digital format, at no charge, for
the purpose of enhancing the mission of the Corps of Engineers of
maintaining Federal navigation projects.
SEC. 555. COLUMBIA RIVER TREATY FISHING ACCESS.
Section 401(d) of the Act entitled `An Act to establish procedures for
review of tribal constitutions and bylaws or amendments thereto pursuant to
the Act of June 18, 1934 (48 Stat. 987)', approved November 1, 1988 (102 Stat.
2944), is amended by striking `$2,000,000' and inserting `$4,000,000'.
SEC. 556. RELEASE OF USE RESTRICTION.
(a) RELEASE- Notwithstanding any other provision of law, the Tennessee
Valley Authority shall grant a release or releases, without monetary
consideration, from the restrictive covenant that requires that property
described in subsection (b) shall at all times be used solely for the purpose
of erecting docks and buildings for shipbuilding purposes or for the
manufacture or storage of products for the purpose of trading or shipping in
transportation.
(b) DESCRIPTION OF PROPERTY- This section shall apply only to those lands
situated in the city of Decatur, Morgan County, Alabama, and described in an
indenture conveying such lands to the Ingalls Shipbuilding Corporation dated
July 29, 1954, and recorded in deed book 535 at page 6 in the office of the
Probate Judge of Morgan County, Alabama, which are owned or may be acquired by
the Alabama Farmers Cooperative, Inc.
TITLE VI--COMPREHENSIVE EVERGLADES RESTORATION
SEC. 601. COMPREHENSIVE EVERGLADES RESTORATION PLAN.
(a) DEFINITIONS- In this section, the following definitions apply:
(1) CENTRAL AND SOUTHERN FLORIDA PROJECT-
(A) IN GENERAL- 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).
(B) INCLUSION- The term `Central and Southern Florida Project'
includes any modification to the project authorized by this section or any
other provision of law.
(2) GOVERNOR- The term `Governor' means the Governor of the State of
Florida.
(A) IN GENERAL- The term `natural system' means all land and water
managed by the Federal Government or the State within the South Florida
ecosystem.
(B) INCLUSIONS- The term `natural system' includes--
(i) water conservation areas;
(ii) sovereign submerged land;
(iii) Everglades National Park;
(iv) Biscayne National Park;
(v) Big Cypress National Preserve;
(vi) other Federal or State (including a political subdivision of a
State) land that is designated and managed for conservation purposes;
and
(vii) any tribal land that is designated and managed for
conservation purposes, as approved by the tribe.
(4) PLAN- The term `Plan' means the Comprehensive Everglades Restoration
Plan contained in the `Final Integrated Feasibility Report and Programmatic
Environmental Impact Statement', dated April 1, 1999, as modified by this
section.
(5) SOUTH FLORIDA ECOSYSTEM-
(A) IN GENERAL- The term `South Florida ecosystem' means the area
consisting of the land and water within the boundary of the South Florida
Water Management District in effect on July 1, 1999.
(B) INCLUSIONS- The term `South Florida ecosystem' includes--
(ii) the Florida Keys; and
(iii) the contiguous near-shore coastal water of South
Florida.
(6) STATE- The term `State' means the State of Florida.
(b) COMPREHENSIVE EVERGLADES RESTORATION PLAN-
(A) IN GENERAL- Except as modified by this section, the Plan is
approved as a framework for modifications and operational changes to the
Central and Southern Florida Project that are needed to restore, preserve,
and protect the South Florida ecosystem while providing for other
water-related needs of the region, including water supply and flood
protection. The Plan shall be implemented to ensure the protection of
water quality in, the reduction of the loss of fresh water from, and the
improvement of the environment of the South Florida ecosystem and to
achieve and maintain the benefits to the natural system and human
environment described in the Plan, and required pursuant to this section,
for as long as the project is authorized.
(B) INTEGRATION- In carrying out the Plan, the Secretary shall
integrate the activities described in subparagraph (A) with ongoing
Federal and State projects and activities in accordance with section
528(c) of the Water Resources Development Act of 1996 (110 Stat. 3769).
Unless specifically provided herein, nothing in this section shall be
construed to modify any existing cost share or responsibility for projects
as listed in subsection (c) or (e) of section 528 of the Water Resources
Development Act of 1996 (110 Stat. 3769).
(2) SPECIFIC AUTHORIZATIONS-
(i) PROJECTS- The Secretary shall carry out the projects included in
the Plan in accordance with subparagraphs (B), (C), (D), and
(E).
(ii) CONSIDERATIONS- In carrying out activities described in the
Plan, the Secretary shall--
(I) take into account the protection of water quality by
considering applicable State water quality standards;
and
(II) include such features as the Secretary determines are
necessary to ensure that all ground water and surface water discharges
from any project feature authorized by this subsection will meet all
applicable water quality standards and applicable water quality
permitting requirements.
(iii) REVIEW AND COMMENT- In developing the projects authorized
under subparagraph (B), the Secretary shall provide for public review
and comment in accordance with applicable Federal law.
(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, at a total cost of
$6,000,000, with an estimated Federal cost of $3,000,000 and an
estimated non-Federal cost of $3,000,000.
(ii) Lake Belt In-Ground Reservoir Technology, at a total cost of
$23,000,000, with an estimated Federal cost of $11,500,000 and an
estimated non-Federal cost of $11,500,000.
(iii) L-31N Seepage Management, at a total cost of $10,000,000, with
an estimated Federal cost of $5,000,000 and an estimated non-Federal
cost of $5,000,000.
(iv) Wastewater Reuse Technology, at a total cost of $30,000,000,
with an estimated Federal cost of $15,000,000 and an estimated
non-Federal cost of $15,000,000.
(C) INITIAL PROJECTS- The following projects are authorized for
implementation, after review and approval by the Secretary, subject to the
conditions stated in subparagraph (D), 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:
(i) C-44 Basin Storage Reservoir, at a total cost of $112,562,000,
with an estimated Federal cost of $56,281,000 and an estimated
non-Federal cost of $56,281,000.
(ii) Everglades Agricultural Area Storage Reservoirs--Phase I, at a
total cost of $233,408,000, with an estimated Federal cost of
$116,704,000 and an estimated non-Federal cost of
$116,704,000.
(iii) Site 1 Impoundment, at a total cost of $38,535,000, with an
estimated Federal cost of $19,267,500 and an estimated non-Federal cost
of $19,267,500.
(iv) Water Conservation Areas 3A/3B Levee Seepage Management, at a
total cost of $100,335,000, with an estimated Federal cost of
$50,167,500 and an estimated non-Federal cost of
$50,167,500.
(v) C-11 Impoundment and Stormwater Treatment Area, at a total cost
of $124,837,000, with an estimated Federal cost of $62,418,500 and an
estimated non-Federal cost of $62,418,500.
(vi) C-9 Impoundment and Stormwater Treatment Area, at a total cost
of $89,146,000, with an estimated Federal cost of $44,573,000 and an
estimated non-Federal cost of $44,573,000.
(vii) Taylor Creek/Nubbin Slough Storage and Treatment Area, at a
total cost of $104,027,000, with an estimated Federal cost of
$52,013,500 and an estimated non-Federal cost of
$52,013,500.
(viii) Raise and Bridge East Portion of Tamiami Trail and Fill Miami
Canal within Water Conservation Area 3, at a total cost of $26,946,000,
with an estimated Federal cost of $13,473,000 and an estimated
non-Federal cost of $13,473,000.
(ix) North New River Improvements, at a total cost of $77,087,000,
with an estimated Federal cost of $38,543,500 and an estimated
non-Federal cost of $38,543,500.
(x) C-111 Spreader Canal, at a total cost of $94,035,000, with an
estimated Federal cost of $47,017,500 and an estimated non-Federal cost
of $47,017,500.
(xi) Adaptive Assessment and Monitoring Program, at a total cost of
$100,000,000, with an estimated Federal cost of $50,000,000 and an
estimated non-Federal cost of $50,000,000.
(i) PROJECT IMPLEMENTATION REPORTS- Before implementation of a
project described in any of clauses (i) through (x) of subparagraph (C),
the Secretary shall review and approve for the project a project
implementation report prepared in accordance with subsections (f) and
(h).
(ii) SUBMISSION OF REPORT- 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 the project implementation report required by subsections (f) and
(h) for each project under this paragraph (including all relevant data
and information on all costs).
(iii) FUNDING CONTINGENT ON APPROVAL- No appropriation shall be made
to construct any project under this paragraph if the project
implementation report for the project has not been approved by
resolutions adopted by the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate.
(iv) MODIFIED WATER DELIVERY- No appropriation shall be made to
construct the Water Conservation Area 3 Decompartmentalization and
Sheetflow Enhancement Project (including component AA, Additional S-345
Structures; component QQ Phase 1, Raise and Bridge East Portion of
Tamiami Trail and Fill Miami Canal within WCA 3; component QQ Phase 2,
WCA 3 Decompartmentalization and Sheetflow Enhancement; and component
SS, North New River Improvements) or the Central Lakebelt Storage
Project (including components S and EEE, Central Lake Belt Storage Area)
until the completion of the project to improve water deliveries to
Everglades National Park authorized by section 104 of the Everglades
National Park Protection and Expansion Act of 1989 (16 U.S.C.
410r-8).
(E) MAXIMUM COST OF PROJECTS- Section 902 of the Water Resources
Development Act of 1986 (33 U.S.C. 2280) shall apply to each project
feature authorized under this subsection.
(c) ADDITIONAL PROGRAM AUTHORITY-
(1) IN GENERAL- To expedite implementation of the Plan, the Secretary
may implement modifications to the Central and Southern Florida Project
that--
(A) are described in the Plan; and
(B) will produce a substantial benefit to the restoration,
preservation and protection of the South Florida ecosystem.
(2) PROJECT IMPLEMENTATION REPORTS- Before implementation of any project
feature authorized under this subsection, the Secretary shall review and
approve for the project feature a project implementation report prepared in
accordance with subsections (f) and (h).
(A) INDIVIDUAL PROJECT FUNDING-
(i) FEDERAL COST- The total Federal cost of each project carried out
under this subsection shall not exceed $12,500,000.
(ii) OVERALL COST- The total cost of each project carried out under
this subsection shall not exceed $25,000,000.
(B) AGGREGATE COST- The total cost of all projects carried out under
this subsection shall not exceed $206,000,000, with an estimated Federal
cost of $103,000,000 and an estimated non-Federal cost of
$103,000,000.
(d) AUTHORIZATION OF FUTURE PROJECTS-
(1) IN GENERAL- Except for a project authorized by subsection (b) or
(c), any project included in the Plan shall require a specific authorization
by Congress.
(2) SUBMISSION OF REPORT- Before seeking congressional authorization for
a project under paragraph (1), the Secretary shall submit to
Congress--
(A) a description of the project; and
(B) a project implementation report for the project prepared in
accordance with subsections (f) and (h).
(1) FEDERAL SHARE- The Federal share of the cost of carrying out a
project authorized by subsection (b), (c), or (d) shall be 50 percent.
(2) NON-FEDERAL RESPONSIBILITIES- The non-Federal sponsor with respect
to a project described in subsection (b), (c), or (d), shall be--
(A) responsible for all land, easements, rights-of-way, and
relocations necessary to implement the Plan; and
(B) afforded credit toward the non-Federal share of the cost of
carrying out the project in accordance with paragraph (5)(A).
(A) IN GENERAL- The non-Federal sponsor with respect to a project
authorized by subsection (b), (c), or (d) may use Federal funds for the
purchase of any land, easement, rights-of-way, or relocation that is
necessary to carry out the project if any funds so used are credited
toward the Federal share of the cost of the project.
(B) AGRICULTURE FUNDS- Funds provided to the non-Federal sponsor under
the Conservation Restoration and Enhancement Program (CREP) and the
Wetlands Reserve Program (WRP) for projects in the Plan shall be credited
toward the non-Federal share of the cost of the Plan if the Secretary of
Agriculture certifies that the funds provided may be used for that
purpose. Funds to be credited do not include funds provided under section
390 of the Federal Agriculture Improvement and Reform Act of 1996 (110
Stat. 1022).
(4) OPERATION AND MAINTENANCE- Notwithstanding section 528(e)(3) of the
Water Resources Development Act of 1996 (110 Stat. 3770), the non-Federal
sponsor shall be responsible for 50 percent of the cost of operation,
maintenance, repair, replacement, and rehabilitation activities authorized
under this section. Furthermore, the Seminole Tribe of Florida shall be
responsible for 50 percent of the cost of operation, maintenance, repair,
replacement, and rehabilitation activities for the Big Cypress Seminole
Reservation Water Conservation Plan Project.
(A) IN GENERAL- Notwithstanding section 528(e)(4) of the Water
Resources Development Act of 1996 (110 Stat. 3770) and regardless of the
date of acquisition, the value of lands or interests in lands and
incidental costs for land acquired by a non-Federal sponsor in accordance
with a project implementation report for any project included in the Plan
and authorized by Congress shall be--
(i) included in the total cost of the project; and
(ii) credited toward the non-Federal share of the cost of the
project.
(B) WORK- The Secretary may provide credit, including in-kind credit,
toward the non-Federal share for the reasonable cost of any work performed
in connection with a study, preconstruction engineering and design, or
construction that is necessary for the implementation of the Plan
if--
(i)(I) the credit is provided for work completed during the period
of design, as defined in a design agreement between the Secretary and
the non-Federal sponsor; or
(II) the credit is provided for work completed during the period of
construction, as defined in a project cooperation agreement for an
authorized project between the Secretary and the non-Federal
sponsor;
(ii) the design agreement or the project cooperation agreement
prescribes the terms and conditions of the credit; and
(iii) the Secretary determines that the work performed by the
non-Federal sponsor is integral to the project.
(C) TREATMENT OF CREDIT BETWEEN PROJECTS- Any credit provided under
this paragraph may be carried over between authorized projects in
accordance with subparagraph (D).
(i) IN GENERAL- To ensure that the contributions of the non-Federal
sponsor equal 50 percent proportionate share for projects in the Plan,
during each 5-year period, beginning with commencement of design of the
Plan, the Secretary shall, for each project--
(I) monitor the non-Federal provision of cash, in-kind services,
and land; and
(II) manage, to the maximum extent practicable, the requirement of
the non-Federal sponsor to provide cash, in-kind services, and
land.
(ii) OTHER MONITORING- The Secretary shall conduct monitoring under
clause (i) separately for the preconstruction engineering and design
phase and the construction phase.
(E) AUDITS- Credit for land (including land value and incidental
costs) or work provided under this subsection shall be subject to audit by
the Secretary.
(f) EVALUATION OF PROJECTS-
(1) IN GENERAL- Before implementation of a project authorized by
subsection (c) or (d) or any of clauses (i) through (x) of subsection
(b)(2)(C), the Secretary, in cooperation with the non-Federal sponsor, shall
complete, after notice and opportunity for public comment and in accordance
with subsection (h), a project implementation report for the project.
(2) PROJECT JUSTIFICATION-
(A) IN GENERAL- Notwithstanding section 209 of the Flood Control Act
of 1970 (42 U.S.C. 1962-2) or any other provision of law, in carrying out
any activity authorized under this section or any other provision of law
to restore, preserve, or protect the South Florida ecosystem, the
Secretary may determine that--
(i) the activity is justified by the environmental benefits derived
by the South Florida ecosystem; and
(ii) no further economic justification for the activity is required,
if the Secretary determines that the activity is
cost-effective.
(B) APPLICABILITY- Subparagraph (A) shall not apply to any separable
element intended to produce benefits that are predominantly unrelated to
the restoration, preservation, and protection of the natural
system.
(g) EXCLUSIONS AND LIMITATIONS- The following Plan components are not
approved for implementation:
(1) WATER INCLUDED IN THE PLAN-
(A) IN GENERAL- Any project that is designed to implement the capture
and use of the approximately 245,000 acre-feet of water described in
section 7.7.2 of the Plan shall not be implemented until such time
as--
(i) the project-specific feasibility study described in subparagraph
(B) on the need for and physical delivery of the approximately 245,000
acre-feet of water, conducted by the Secretary, in cooperation with the
non-Federal sponsor, is completed;
(ii) the project is favorably recommended in a final report of the
Chief of Engineers; and
(iii) the project is authorized by Act of Congress.
(B) PROJECT-SPECIFIC FEASIBILITY STUDY- The project-specific
feasibility study referred to in subparagraph (A) shall include--
(i) a comprehensive analysis of the structural facilities proposed
to deliver the approximately 245,000 acre-feet of water to the natural
system;
(ii) an assessment of the requirements to divert and treat the
water;
(iii) an assessment of delivery alternatives;
(iv) an assessment of the feasibility of delivering the water
downstream while maintaining current levels of flood protection to
affected property; and
(v) any other assessments that are determined by the Secretary to be
necessary to complete the study.
(A) IN GENERAL- On completion and evaluation of the wastewater reuse
pilot project described in subsection (b)(2)(B)(iv), the Secretary, in an
appropriately timed 5-year report, shall describe the results of the
evaluation of advanced wastewater reuse in meeting, in a cost-effective
manner, the requirements of restoration of the natural system.
(B) SUBMISSION- The Secretary shall submit to Congress the report
described in subparagraph (A) before congressional authorization for
advanced wastewater reuse is sought.
(3) PROJECTS APPROVED WITH LIMITATIONS- The following projects in the
Plan are approved for implementation with limitations:
(A) LOXAHATCHEE NATIONAL WILDLIFE REFUGE- The Federal share for land
acquisition in the project to enhance existing wetland systems along the
Loxahatchee National Wildlife Refuge, including the Stazzulla tract,
should be funded through the budget of the Department of the
Interior.
(B) SOUTHERN CORKSCREW REGIONAL ECOSYSTEM- The Southern Corkscrew
regional ecosystem watershed addition should be accomplished outside the
scope of the Plan.
(h) ASSURANCE OF PROJECT BENEFITS-
(1) IN GENERAL- The overarching objective of the Plan is the
restoration, preservation, and protection of the South Florida Ecosystem
while providing for other water-related needs of the region, including water
supply and flood protection. The Plan shall be implemented to ensure the
protection of water quality in, the reduction of the loss of fresh water
from, the improvement of the environment of the South Florida Ecosystem and
to achieve and maintain the benefits to the natural system and human
environment described in the Plan, and required pursuant to this section,
for as long as the project is authorized.
(A) IN GENERAL- In order to ensure that water generated by the Plan
will be made available for the restoration of the natural system, no
appropriations, except for any pilot project described in subsection
(b)(2)(B), shall be made for the construction of a project contained in
the Plan until the President and the Governor enter into a binding
agreement under which the State shall ensure, by regulation or other
appropriate means, that water made available by each project in the Plan
shall not be permitted for a consumptive use or otherwise made unavailable
by the State until such time as sufficient reservations of water for the
restoration of the natural system are made under State law in accordance
with the project implementation report for that project and consistent
with the Plan.
(i) IN GENERAL- Any person or entity that is aggrieved by a failure
of the United States or any other Federal Government instrumentality or
agency, or the Governor or any other officer of a State instrumentality
or agency, to comply with any provision of the agreement entered into
under subparagraph (A) may bring a civil action in United States
district court for an injunction directing the United States or any
other Federal Government instrumentality or agency or the Governor or
any other officer of a State instrumentality or agency, as the case may
be, to comply with the agreement.
(ii) LIMITATIONS ON COMMENCEMENT OF CIVIL ACTION- No civil action
may be commenced under clause (i)--
(I) before the date that is 60 days after the Secretary and the
Governor receive written notice of a failure to comply with the
agreement; or
(II) if the United States has commenced and is diligently
prosecuting an action in a court of the United States or a State to
redress a failure to comply with the agreement.
(C) TRUST RESPONSIBILITIES- In carrying out his responsibilities under
this subsection with respect to the restoration of the South Florida
ecosystem, the Secretary of the Interior shall fulfill his obligations to
the Indian tribes in South Florida under the Indian trust doctrine as well
as other applicable legal obligations.
(3) PROGRAMMATIC REGULATIONS-
(A) ISSUANCE- Not later than 2 years after the date of enactment of
this Act, the Secretary shall, after notice and opportunity for public
comment, with the concurrence of the Governor and the Secretary of the
Interior, and in consultation with the Seminole Tribe of Florida, the
Miccosukee Tribe of Indians of Florida, the Administrator of the
Environmental Protection Agency, the Secretary of Commerce, and other
Federal, State, and local agencies, promulgate programmatic regulations to
ensure that the goals and purposes of the Plan are achieved.
(B) CONCURRENCY STATEMENT- The Secretary of the Interior and the
Governor shall, not later than 180 days from the end of the public comment
period on proposed programmatic regulations, provide the Secretary with a
written statement of concurrence or nonconcurrence. A failure to provide a
written statement of concurrence or nonconcurrence within such time frame
will be deemed as meeting the concurrency requirements of subparagraph
(A)(i). A copy of any concurrency or nonconcurrency statements shall be
made a part of the administrative record and referenced in the final
programmatic regulations. Any nonconcurrency statement shall specifically
detail the reason or reasons for the nonconcurrence.
(C) CONTENT OF REGULATIONS-
(i) IN GENERAL- Programmatic regulations promulgated under this
paragraph shall establish a process--
(I) for the development of project implementation reports, project
cooperation agreements, and operating manuals that ensure that the
goals and objectives of the Plan are achieved;
(II) to ensure that new information resulting from changed or
unforeseen circumstances, new scientific or technical information or
information that is developed through the principles of adaptive
management contained in the Plan, or future authorized changes to the
Plan are integrated into the implementation of the Plan;
and
(III) to ensure the protection of the natural system consistent
with the goals and purposes of the Plan, including the establishment
of interim goals to provide a means by which the restoration success
of the Plan may be evaluated throughout the implementation
process.
(ii) LIMITATION ON APPLICABILITY OF PROGRAMMATIC REGULATIONS-
Programmatic regulations promulgated under this paragraph shall
expressly prohibit the requirement for concurrence by the Secretary of
the Interior or the Governor on project implementation reports, project
cooperation agreements, operating manuals for individual projects
undertaken in the Plan, and any other documents relating to the
development, implementation, and management of individual features of
the Plan, unless such concurrence is provided for in other Federal or
State laws.
(D) SCHEDULE AND TRANSITION RULE-
(i) IN GENERAL- All project implementation reports approved before
the date of promulgation of the programmatic regulations shall be
consistent with the Plan.
(ii) PREAMBLE- The preamble of the programmatic regulations shall
include a statement concerning the consistency with the programmatic
regulations of any project implementation reports that were approved
before the date of promulgation of the regulations.
(E) REVIEW OF PROGRAMMATIC REGULATIONS- Whenever necessary to attain
Plan goals and purposes, but not less often than every 5 years, the
Secretary, in accordance with subparagraph (A), shall review the
programmatic regulations promulgated under this paragraph.
(4) PROJECT-SPECIFIC ASSURANCES-
(A) PROJECT IMPLEMENTATION REPORTS-
(i) IN GENERAL- The Secretary and the non-Federal sponsor shall
develop project implementation reports in accordance with section 10.3.1
of the Plan.
(ii) COORDINATION- In developing a project implementation report,
the Secretary and the non-Federal sponsor shall coordinate with
appropriate Federal, State, tribal, and local governments.
(iii) REQUIREMENTS- A project implementation report
shall--
(I) be consistent with the Plan and the programmatic regulations
promulgated under paragraph (3);
(II) describe how each of the requirements stated in paragraph
(3)(B) is satisfied;
(III) comply with the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.);
(IV) identify the appropriate quantity, timing, and distribution
of water dedicated and managed for the natural system;
(V) identify the amount of water to be reserved or allocated for
the natural system necessary to implement, under State law, subclauses
(IV) and (VI);
(VI) comply with applicable water quality standards and applicable
water quality permitting requirements under subsection
(b)(2)(A)(ii);
(VII) be based on the best available science; and
(VIII) include an analysis concerning the cost-effectiveness and
engineering feasibility of the project.
(B) PROJECT COOPERATION AGREEMENTS-
(i) IN GENERAL- The Secretary and the non-Federal sponsor shall
execute project cooperation agreements in accordance with section 10 of
the Plan.
(ii) CONDITION- The Secretary shall not execute a project
cooperation agreement until any reservation or allocation of water for
the natural system identified in the project implementation report is
executed under State law.
(i) IN GENERAL- The Secretary and the non-Federal sponsor shall
develop and issue, for each project or group of projects, an operating
manual that is consistent with the water reservation or allocation for
the natural system described in the project implementation report and
the project cooperation agreement for the project or group of
projects.
(ii) MODIFICATIONS- Any significant modification by the Secretary
and the non-Federal sponsor to an operating manual after the operating
manual is issued shall only be carried out subject to notice and
opportunity for public comment.
(A) NO ELIMINATION OR TRANSFER- Until a new source of water supply of
comparable quantity and quality as that available on the date of enactment
of this Act is available to replace the water to be lost as a result of
implementation of the Plan, the Secretary and the non-Federal sponsor
shall not eliminate or transfer existing legal sources of water, including
those for--
(i) an agricultural or urban water supply;
(ii) allocation or entitlement to the Seminole Indian Tribe of
Florida under section 7 of the Seminole Indian Land Claims Settlement
Act of 1987 (25 U.S.C. 1772e);
(iii) the Miccosukee Tribe of Indians of Florida;
(iv) water supply for Everglades National Park; or
(v) water supply for fish and wildlife.
(B) MAINTENANCE OF FLOOD PROTECTION- Implementation of the Plan shall
not reduce levels of service for flood protection that are--
(i) in existence on the date of enactment of this Act;
and
(ii) in accordance with applicable law.
(C) NO EFFECT ON TRIBAL COMPACT- Nothing in this section amends,
alters, prevents, or otherwise abrogates rights of the Seminole Indian
Tribe of Florida under the compact among the Seminole Tribe of Florida,
the State, and the South Florida Water Management District, defining the
scope and use of water rights of the Seminole Tribe of Florida, as
codified by section 7 of the Seminole Indian Land Claims Settlement Act of
1987 (25 U.S.C. 1772e).
(1) IN GENERAL- The Secretary and the Governor shall within 180 days
from the date of enactment of this Act develop an agreement for resolving
disputes between the Corps of Engineers and the State associated with the
implementation of the Plan. Such agreement shall establish a mechanism for
the timely and efficient resolution of disputes, including--
(A) a preference for the resolution of disputes between the
Jacksonville District of the Corps of Engineers and the South Florida
Water Management District;
(B) a mechanism for the Jacksonville District of the Corps of
Engineers or the South Florida Water Management District to initiate the
dispute resolution process for unresolved issues;
(C) the establishment of appropriate timeframes and intermediate steps
for the elevation of disputes to the Governor and the Secretary;
and
(D) a mechanism for the final resolution of disputes, within 180 days
from the date that the dispute resolution process is initiated under
subparagraph (B).
(2) CONDITION FOR REPORT APPROVAL- The Secretary shall not approve a
project implementation report under this section until the agreement
established under this subsection has been executed.
(3) NO EFFECT ON LAW- Nothing in the agreement established under this
subsection shall alter or amend any existing Federal or State law, or the
responsibility of any party to the agreement to comply with any Federal or
State law.
(j) INDEPENDENT SCIENTIFIC REVIEW-
(1) IN GENERAL- The Secretary, the Secretary of the Interior, and the
Governor, in consultation with the South Florida Ecosystem Restoration Task
Force, shall establish an independent scientific review panel convened by a
body, such as the National Academy of Sciences, to review the Plan's
progress toward achieving the natural system restoration goals of the
Plan.
(2) REPORT- The panel described in paragraph (1) shall produce a
biennial report to Congress, the Secretary, the Secretary of the Interior,
and the Governor that includes an assessment of ecological indicators and
other measures of progress in restoring the ecology of the natural system,
based on the Plan.
(k) OUTREACH AND ASSISTANCE-
(1) SMALL BUSINESS CONCERNS OWNED AND OPERATED BY SOCIALLY AND
ECONOMICALLY DISADVANTAGED INDIVIDUALS- In executing the Plan, the Secretary
shall ensure that small business concerns owned and controlled by socially
and economically disadvantaged individuals are provided opportunities to
participate under section 15(g) of the Small Business Act (15 U.S.C.
644(g)).
(2) COMMUNITY OUTREACH AND EDUCATION-
(A) IN GENERAL- The Secretary shall ensure that impacts on socially
and economically disadvantaged individuals, including individuals with
limited English proficiency, and communities are considered during
implementation of the Plan, and that such individuals have opportunities
to review and comment on its implementation.
(B) PROVISION OF OPPORTUNITIES- The Secretary shall ensure, to the
maximum extent practicable, that public outreach and educational
opportunities are provided, during implementation of the Plan, to the
individuals of South Florida, including individuals with limited English
proficiency, and in particular for socially and economically disadvantaged
communities.
(l) REPORT TO CONGRESS- Beginning on October 1, 2005, and periodically
thereafter until October 1, 2036, the Secretary and the Secretary of the
Interior, in consultation with the Environmental Protection Agency, the
Department of Commerce, and the State of Florida, shall jointly submit to
Congress a report on the implementation of the Plan. Such reports shall be
completed not less often than every 5 years. Such reports shall include a
description of planning, design, and construction work completed, the amount
of funds expended during the period covered by the report (including a
detailed analysis of the funds expended for adaptive assessment under
subsection (b)(2)(C)(xi)), and the work anticipated over the next 5-year
period. In addition, each report shall include--
(1) the determination of each Secretary, and the Administrator of the
Environmental Protection Agency, concerning the benefits to the natural
system and the human environment achieved as of the date of the report and
whether the completed projects of the Plan are being operated in a manner
that is consistent with the requirements of subsection (h);
(2) progress toward interim goals established in accordance with
subsection (h)(3)(B); and
(3) a review of the activities performed by the Secretary under
subsection (k) as they relate to socially and economically disadvantaged
individuals and individuals with limited English proficiency.
(m) REPORT ON AQUIFER STORAGE AND RECOVERY PROJECT- Not later than 180
days after the date of enactment of this Act, the Secretary shall transmit to
Congress a report containing a determination as to whether the ongoing
Biscayne Aquifer Storage and Recovery Program located in Miami-Dade County has
a substantial benefit to the restoration, preservation, and protection of the
South Florida ecosystem.
(n) FULL DISCLOSURE OF PROPOSED FUNDING-
(1) FUNDING FROM ALL SOURCES- The President, as part of the annual
budget of the United States Government, shall display under the heading
`Everglades Restoration' all proposed funding for the Plan for all agency
programs.
(2) FUNDING FROM CORPS OF ENGINEERS CIVIL WORKS PROGRAM- The President,
as part of the annual budget of the United States Government, shall display
under the accounts `Construction, General' and `Operation and Maintenance,
General' of the title `Department of Defense--Civil, Department of the Army,
Corps of Engineers--Civil', the total proposed funding level for each
account for the Plan and the percentage such level represents of the overall
levels in such accounts. The President shall also include an assessment of
the impact such funding levels for the Plan would have on the budget year
and long-term funding levels for the overall Corps of Engineers civil works
program.
(o) SURPLUS FEDERAL LANDS- Section 390(f)(2)(A)(i) of the Federal
Agriculture Improvement and Reform Act of 1996 (110 Stat. 1023) is amended by
inserting after `on or after the date of enactment of this Act' the following:
`and before the date of enactment of the Water Resources Development Act of
2000'.
(p) SEVERABILITY- If any provision or remedy provided by this section is
found to be unconstitutional or unenforceable by any court of competent
jurisdiction, any remaining provisions in this section shall remain valid and
enforceable.
SEC. 602. SENSE OF CONGRESS CONCERNING HOMESTEAD AIR FORCE
BASE.
(a) FINDINGS- Congress finds that--
(1) the Everglades is an American treasure and includes
uniquely-important and diverse wildlife resources and recreational
opportunities;
(2) the preservation of the pristine and natural character of the South
Florida ecosystem is critical to the regional economy;
(3) as this legislation demonstrates, Congress believes it to be a vital
national mission to restore and preserve this ecosystem and accordingly is
authorizing a significant Federal investment to do so;
(4) Congress seeks to have the remaining property at the former
Homestead Air Base conveyed and reused as expeditiously as possible, and
several options for base reuse are being considered, including as a
commercial airport; and
(5) Congress is aware that the Homestead site is located in a sensitive
environmental location, and that Biscayne National Park is only
approximately 1.5 miles to the east, Everglades National Park approximately
8 miles to the west, and the Florida Keys National Marine Sanctuary
approximately 10 miles to the south.
(b) SENSE OF CONGRESS- It is the sense of Congress that--
(1) development at the Homestead site could potentially cause
significant air, water, and noise pollution and result in the degradation of
adjacent national parks and other protected Federal resources;
(2) in their decisionmaking, the Federal agencies charged with
determining the reuse of the remaining property at the Homestead base should
carefully consider and weigh all available information concerning potential
environmental impacts of various reuse options;
(3) the redevelopment of the former base should be consistent with
restoration goals, provide desirable numbers of jobs and economic
redevelopment for the community, and be consistent with other applicable
laws;
(4) consistent with applicable laws, the Secretary of the Air Force
should proceed as quickly as practicable to issue a final SEIS and Record of
Decision so that reuse of the former air base can proceed
expeditiously;
(5) following conveyance of the remaining surplus property, the
Secretary, as part of his oversight for Everglades restoration, should
cooperate with the entities to which the various parcels of surplus property
were conveyed so that the planned use of those properties is implemented in
such a manner as to remain consistent with the goals of the Everglades
restoration plan; and
(6) not later than August 1, 2002, the Secretary should submit a report
to the appropriate committees of Congress on actions taken and make any
recommendations for consideration by Congress.
TITLE VII--MISSOURI RIVER RESTORATION, NORTH DAKOTA
SEC. 701. SHORT TITLE.
This title may be cited as the `Missouri River Protection and Improvement
Act of 2000'.
SEC. 702. FINDINGS AND PURPOSES.
(a) FINDINGS- Congress finds that--
(1) the Missouri River is--
(A) an invaluable economic, environmental, recreational, and cultural
resource to the people of the United States; and
(B) a critical source of water for drinking and irrigation;
(2) millions of people fish, hunt, and camp along the Missouri River
each year;
(3) thousands of sites of spiritual importance to Native Americans line
the shores of the Missouri River;
(4) the Missouri River provides critical wildlife habitat for threatened
and endangered species;
(5) in 1944, Congress approved the Pick-Sloan program--
(A) to promote the general economic development of the United
States;
(B) to provide for irrigation above Sioux City, Iowa;
(C) to protect urban and rural areas from devastating floods of the
Missouri River; and
(6) the Garrison Dam was constructed on the Missouri River in North
Dakota and the Oahe Dam was constructed in South Dakota under the Pick-Sloan
program;
(7) the dams referred to in paragraph (6)--
(A) generate low-cost electricity for millions of people in the United
States;
(B) provide revenue to the Treasury; and
(C) provide flood control that has prevented billions of dollars of
damage;
(8) the Garrison and Oahe Dams have reduced the ability of the Missouri
River to carry sediment downstream, resulting in the accumulation of
sediment in the reservoirs known as Lake Sakakawea and Lake Oahe;
(9) the sediment depositions--
(A) cause shoreline flooding;
(B) destroy wildlife habitat;
(C) limit recreational opportunities;
(D) threaten the long-term ability of dams to provide hydropower and
flood control under the Pick-Sloan program;
(E) reduce water quality; and
(F) threaten intakes for drinking water and irrigation; and
(10) to meet the objectives established by Congress for the Pick-Sloan
program, it is necessary to establish a Missouri River Restoration
Program--
(A) to improve conservation;
(B) to reduce the deposition of sediment; and
(C) to take other steps necessary for proper management of the
Missouri River.
(b) PURPOSES- The purposes of this title are--
(1) to reduce the siltation of the Missouri River in the State of North
Dakota;
(2) to meet the objectives of the Pick-Sloan program by developing and
implementing a long-term strategy--
(A) to improve conservation in the Missouri River watershed;
(B) to protect recreation on the Missouri River from
sedimentation;
(C) to improve water quality in the Missouri River;
(D) to improve erosion control along the Missouri River; and
(E) to protect Indian and non-Indian historical and cultural sites
along the Missouri River from erosion; and
(3) to meet the objectives described in paragraphs (1) and (2) by
developing and financing new programs in accordance with the plan.
SEC. 703. DEFINITIONS.
In this title, the following definitions apply:
(1) PICK-SLOAN PROGRAM- The term `Pick-Sloan program' means the
Pick-Sloan Missouri River Basin Program authorized by section 9 of the Flood
Control Act of December 22, 1944 (58 Stat. 891).
(2) PLAN- The term `plan' means the plan for the use of funds made
available by this title that is required to be prepared under section
705(e).
(3) STATE- The term `State' means the State of North Dakota.
(4) TASK FORCE- The term `Task Force' means the North Dakota Missouri
River Task Force established by section 705(a).
(5) TRUST- The term `Trust' means the North Dakota Missouri River Trust
established by section 704(a).
SEC. 704. MISSOURI RIVER TRUST.
(a) ESTABLISHMENT- There is established a committee to be known as the
North Dakota Missouri River Trust.
(b) MEMBERSHIP- The Trust shall be composed of 16 members to be appointed
by the Secretary, including--
(1) 12 members recommended by the Governor of North Dakota that--
(A) represent equally the various interests of the public;
and
(B) include representatives of--
(i) the North Dakota Department of Health;
(ii) the North Dakota Department of Parks and
Recreation;
(iii) the North Dakota Department of Game and Fish;
(iv) the North Dakota State Water Commission;
(v) the North Dakota Indian Affairs Commission;
(vii) environmental or conservation organizations;
(viii) the hydroelectric power industry;
(ix) recreation user groups;
(x) local governments; and
(xi) other appropriate interests;
(2) 4 members representing each of the 4 Indian tribes in the State of
North Dakota.
SEC. 705. MISSOURI RIVER TASK FORCE.
(a) ESTABLISHMENT- There is established the Missouri River Task Force.
(b) MEMBERSHIP- The Task Force shall be composed of--
(1) the Secretary (or a designee), who shall serve as Chairperson;
(2) the Secretary of Agriculture (or a designee);
(3) the Secretary of Energy (or a designee);
(4) the Secretary of the Interior (or a designee); and
(c) DUTIES- The Task Force shall--
(1) meet at least twice each year;
(2) vote on approval of the plan, with approval requiring votes in favor
of the plan by a majority of the members;
(3) review projects to meet the goals of the plan; and
(4) recommend to the Secretary critical projects for
implementation.
(1) IN GENERAL- Not later than 18 months after the date on which funding
authorized under this title becomes available, the Secretary shall transmit
to the other members of the Task Force a report on--
(A) the impact of the siltation of the Missouri River in the State,
including the impact on--
(i) the Federal, State, and regional economies;
(iii) hydropower generation;
(iv) fish and wildlife; and
(B) the status of Indian and non-Indian historical and cultural sites
along the Missouri River;
(C) the extent of erosion along the Missouri River (including
tributaries of the Missouri River) in the State; and
(D) other issues, as requested by the Task Force.
(2) CONSULTATION- In preparing the report under paragraph (1), the
Secretary shall consult with--
(A) the Secretary of Energy;
(B) the Secretary of the Interior;
(C) the Secretary of Agriculture;
(E) Indian tribes in the State.
(e) PLAN FOR USE OF FUNDS MADE AVAILABLE BY THIS TITLE-
(1) IN GENERAL- Not later than 3 years after the date on which funding
authorized under this title becomes available, the Task Force shall prepare
a plan for the use of funds made available under this title.
(2) CONTENTS OF PLAN- The plan shall provide for the manner in which the
Task Force shall develop and recommend critical restoration projects to
promote--
(A) conservation practices in the Missouri River watershed;
(B) the general control and removal of sediment from the Missouri
River;
(C) the protection of recreation on the Missouri River from
sedimentation;
(D) the protection of Indian and non-Indian historical and cultural
sites along the Missouri River from erosion;
(E) erosion control along the Missouri River; or
(F) any combination of the activities described in subparagraphs (A)
through (E).
(3) PLAN REVIEW AND REVISION-
(A) IN GENERAL- The Task Force shall make a copy of the plan available
for public review and comment before the plan becomes final in accordance
with procedures established by the Task Force.
(i) IN GENERAL- The Task Force may, on an annual basis, revise the
plan.
(ii) PUBLIC REVIEW AND COMMENT- In revising the plan, the Task Force
shall provide the public the opportunity to review and comment on any
proposed revision to the plan.
(f) CRITICAL RESTORATION PROJECTS-
(1) IN GENERAL- After the plan is approved by the Task Force under
subsection (c)(2), the Secretary, in coordination with the Task Force, shall
identify critical restoration projects to carry out the plan.
(2) AGREEMENT- The Secretary may carry out a critical restoration
project after entering into an agreement with an appropriate non-Federal
interest in accordance with section 221 of the Flood Control Act of 1970 (42
U.S.C. 1962d-5b) and this section.
(3) INDIAN PROJECTS- To the maximum extent practicable, the Secretary
shall ensure that not less than 30 percent of the funds made available for
critical restoration projects under this title shall be used exclusively for
projects that are--
(A) within the boundary of an Indian reservation; or
(B) administered by an Indian tribe.
(A) FEDERAL SHARE- The Federal share of the cost of carrying out the
assessment under subsection (d) shall be 75 percent.
(B) NON-FEDERAL SHARE- The non-Federal share of the cost of carrying
out the assessment may be provided in the form of services, materials, or
other in-kind contributions.
(A) FEDERAL SHARE- The Federal share of the cost of preparing the plan
shall be 75 percent.
(B) NON-FEDERAL SHARE- Not more than 50 percent of the non-Federal
share of the cost of preparing the plan may be provided in the form of
services, materials, or other in-kind contributions.
(3) CRITICAL RESTORATION PROJECTS-
(A) IN GENERAL- A non-Federal cost share shall be required to carry
out any project under subsection (f) that does not primarily benefit the
Federal Government, as determined by the Task Force.
(B) FEDERAL SHARE- The Federal share of the cost of carrying out a
project under subsection (f) for which the Task Force requires a
non-Federal cost share under subparagraph (A) shall be 65 percent, not to
exceed $5,000,000 for any project.
(i) IN GENERAL- Not more than 50 percent of the non-Federal share of
the cost of carrying out a project described in subparagraph (B) may be
provided in the form of services, materials, or other in-kind
contributions.
(ii) REQUIRED NON-FEDERAL CONTRIBUTIONS- For any project described
in subparagraph (B), the non-Federal interest shall--
(I) provide all land, easements, rights-of-way, dredged material
disposal areas, and relocations;
(II) pay all operation, maintenance, replacement, repair, and
rehabilitation costs; and
(III) hold the United States harmless from all claims arising from
the construction, operation, and maintenance of the
project.
(iii) CREDIT- The Secretary shall credit the non-Federal interest
for all contributions provided under clause (ii)(I).
SEC. 706. ADMINISTRATION.
(a) IN GENERAL- Nothing in this title diminishes or affects--
(1) any water right of an Indian tribe;
(2) any other right of an Indian tribe, except as specifically provided
in another provision of this title;
(3) any treaty right that is in effect on the date of enactment of this
Act;
(4) any external boundary of an Indian reservation of an Indian
tribe;
(5) any authority of the State that relates to the protection,
regulation, or management of fish, terrestrial wildlife, and cultural and
archaeological resources, except as specifically provided in this title;
or
(6) any authority of the Secretary, the Secretary of the Interior, or
the head of any other Federal agency under a law in effect on the date of
enactment of this Act, including--
(A) the National Historic Preservation Act (16 U.S.C. 470 et
seq.);
(B) the Archaeological Resources Protection Act of 1979 (16 U.S.C.
470aa et seq.);
(C) the Fish and Wildlife Coordination Act (16 U.S.C. 661 et
seq.);
(D) the Act entitled `An Act for the protection of the bald eagle',
approved June 8, 1940 (16 U.S.C. 668 et seq.);
(E) the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.);
(F) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.);
(G) the Native American Graves Protection and Repatriation Act (25
U.S.C. 3001 et seq.);
(H) the Federal Water Pollution Control Act (33 U.S.C. 1251 et
seq.);
(I) the Safe Drinking Water Act (42 U.S.C. 300f et seq.); and
(J) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
(b) FEDERAL LIABILITY FOR DAMAGE- Nothing in this title relieves the
Federal Government of liability for damage to private property caused by the
operation of the Pick-Sloan program.
(c) FLOOD CONTROL- Notwithstanding any other provision of this title, the
Secretary shall retain the authority to operate the Pick-Sloan program for the
purposes of meeting the requirements of the Flood Control Act of December 22,
1944 (33 U.S.C. 701-1 et seq.; 58 Stat. 887).
(d) USE OF FUNDS- Funds transferred to the Trust may be used to pay the
non-Federal share required under Federal programs.
SEC. 707. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL- There is authorized to be appropriated to the Secretary to
carry out this title $5,000,000 for each of fiscal years 2001 through 2005.
Such sums shall remain available until expended.
(b) EXISTING PROGRAMS- The Secretary shall fund programs authorized under
the Pick-Sloan program in existence on the date of enactment of this Act at
levels that are not less than funding levels for those programs as of that
date.
TITLE VIII--WILDLIFE REFUGE ENHANCEMENT
SEC. 801. SHORT TITLE.
This title may be cited as the `Charles M. Russell National Wildlife
Refuge Enhancement Act of 2000'.
SEC. 802. PURPOSE.
The purpose of this title is to direct the Secretary, working with the
Secretary of the Interior, to convey cabin sites at Fort Peck Lake, Montana,
and to acquire land with greater wildlife and other public value for the
Charles M. Russell National Wildlife Refuge, to--
(1) better achieve the wildlife conservation purposes for which the
Refuge was established;
(2) protect additional fish and wildlife habitat in and adjacent to the
Refuge;
(3) enhance public opportunities for hunting, fishing, and other
wildlife-dependent activities;
(4) improve management of the Refuge; and
(5) reduce Federal expenditures associated with the administration of
cabin site leases.
SEC. 803. DEFINITIONS.
In this title, the following definitions apply:
(1) ASSOCIATION- The term `Association' means the Fort Peck Lake
Association.
(A) IN GENERAL- The term `cabin site' means a parcel of property
within the Fort Peck, Hell Creek, Pines, or Rock Creek Cabin Areas that
is--
(i) managed by the Corps of Engineers;
(ii) located in or near the eastern portion of Fort Peck Lake,
Montana; and
(iii) leased for single family use or occupancy.
(B) INCLUSIONS- The term `cabin site' includes all right, title, and
interest of the United States in and to the property, including--
(i) any permanent easement that is necessary to provide vehicular
and utility access to the cabin site;
(ii) the right to reconstruct, operate, and maintain an easement
described in clause (i); and
(iii) any adjacent parcel of land that the Secretary determines
should be conveyed under section 804(c)(1).
(A) IN GENERAL- The term `cabin site area' means a portion of the Fort
Peck, Hell Creek, Pines, or Rock Creek Cabin Areas referred to in
paragraph (2) that is occupied by 1 or more cabin sites.
(B) INCLUSION- The term `cabin site area' includes such immediately
adjacent land, if any, as is needed for the cabin site area to exist as a
generally contiguous parcel of land and for each cabin site in the cabin
site area to meet the requirements of section 804(e)(1), as determined by
the Secretary, with the concurrence of the Secretary of the
Interior.
(4) LAND- The term `land' means land or an interest in land.
(5) LESSEE- The term `lessee' means a person that is leasing a cabin
site.
(6) REFUGE- The term `Refuge' means the Charles M. Russell National
Wildlife Refuge in the State of Montana.
SEC. 804. CONVEYANCE OF CABIN SITES.
(1) PROHIBITION- As soon as practicable after the date of enactment of
this Act, the Secretary and the Secretary of the Interior shall prohibit the
issuance of new cabin site leases within the Refuge, except as is necessary
to consolidate with, or substitute for, an existing cabin site lease under
paragraph (2).
(2) DETERMINATION; NOTICE- Not later than 1 year after the date of
enactment of this Act, and before proceeding with any exchange under this
title, the Secretary shall--
(A)(i) with the concurrence of the Secretary of the Interior,
determine individual cabin sites that are not suitable for conveyance to a
lessee because the cabin sites are isolated so that conveyance of 1 or
more of the cabin sites would create an inholding that would impair
management of the Refuge; and
(ii) with the concurrence of the Secretary of the Interior and the
lessee, determine individual cabin sites that are not suitable for
conveyance to a lessee for any other reason that adversely impacts the
future habitability of the cabin sites; and
(B) provide written notice to each lessee that specifies any
requirements concerning the form of a notice of interest in acquiring a
cabin site that the lessee may submit under subsection (b)(1) and an
estimate of the portion of administrative costs that would be required to
be reimbursed to the Secretary under section 808(b), to--
(i) determine whether the lessee is interested in acquiring the
cabin site area of the lessee; and
(ii) inform each lessee of the rights of the lessee under this
title.
(3) OFFER OF COMPARABLE CABIN SITE- If the Secretary determines that a
cabin site is not suitable for conveyance to a lessee under paragraph
(2)(A), the Secretary, in consultation with the Secretary of the Interior,
shall offer to the lessee the opportunity to acquire a comparable cabin site
within the same cabin site area.
(A) IN GENERAL- Not later than July 1, 2003, a lessee shall notify the
Secretary in writing of an interest in acquiring the cabin site of the
lessee.
(B) FORM- The notice under this paragraph shall be submitted in such
form as is required by the Secretary under subsection (a)(2)(B).
(2) UNPURCHASED CABIN SITES- If the Secretary receives no notice of
interest or offer to purchase a cabin site from the lessee under paragraph
(1) or the lessee declines an opportunity to purchase a comparable cabin
site under subsection (a)(3), the cabin site shall be subject to sections
805 and 806.
(c) PROCESS- After providing notice to a lessee under subsection
(a)(2)(B), the Secretary, with the concurrence of the Secretary of the
Interior, shall--
(1) determine whether any small parcel of land adjacent to any cabin
site (not including shoreline or land needed to provide public access to the
shoreline of Fort Peck Lake) should be conveyed as part of the cabin site
to--
(A) protect water quality;
(B) eliminate an inholding; or
(C) facilitate administration of the land remaining in Federal
ownership;
(2) if the Secretary and the Secretary of the Interior determine that a
conveyance should be completed under paragraph (1), provide notice of the
intent of the Secretary to complete the conveyance to the lessee of each
affected cabin site;
(3) survey each cabin site to determine the acreage and legal
description of the cabin site area, including land identified under
paragraph (1);
(4) take such actions as are necessary to ensure compliance with all
applicable environmental laws;
(5) prepare permanent easements or deed restrictions to be enforceable
by the Secretary of the Interior or an acceptable third party, to be placed
on a cabin site before conveyance out of Federal ownership in order
to--
(A) comply with the Act of May 18, 1938 (16 U.S.C. 833 et
seq.);
(B) comply with any other laws (including regulations);
(C) ensure the maintenance of existing and adequate public access to
and along Fort Peck Lake;
(D) limit future uses of the cabin site to--
(i) noncommercial, single-family use; and
(ii) the type and intensity of use of the cabin site as of the date
of enactment of this Act; and
(E) maintain the values of the Refuge; and
(6) conduct an appraisal of each cabin site (including any expansion of
the cabin site under paragraph (1)) that--
(A) is carried out in accordance with the Uniform Appraisal Standards
for Federal Land Acquisition;
(B) excludes the value of any private improvement to the cabin site;
and
(C) takes into consideration--
(i) any easement or deed restriction determined to be necessary
under paragraph (5) and subsection (h); and
(ii) the definition of `cabin site' under section
803(2).
(d) CONSULTATION AND PUBLIC INVOLVEMENT- The Secretary shall--
(1) carry out subsections (b) and (c) in consultation with--
(B) affected counties in the State of Montana; and
(2) hold public hearings, and provide all interested parties with notice
and an opportunity to comment, on the activities carried out under this
section.
(e) CONVEYANCE- Subject to subsections (h) and (i) and section 808(b), the
Secretary or, if necessary, the Secretary of the Interior shall convey a cabin
site by individual patent or deed to the lessee under this title--
(1) if the cabin site complies with Federal, State, and county septic
and water quality laws (including regulations);
(2) if the lessee complies with other requirements of this section;
and
(3) after receipt of the payment from the lessee for the cabin site of
an amount equal to the sum of--
(A) the appraised fair market value of the cabin site as determined in
accordance with subsection (c)(6); and
(B) the administrative costs required to be reimbursed under section
808.
(1) IN GENERAL- Nothing in this title authorizes any addition to or
improvement of vehicular access to a cabin site.
(2) CONSTRUCTION- The Secretary and the Secretary of the
Interior--
(A) shall not construct any road for the sole purpose of providing
access to land conveyed under this section; and
(B) shall be under no obligation to service or maintain any existing
road used primarily for access to that land (or to a cabin site).
(3) OFFER TO CONVEY- The Secretary, with the concurrence of the
Secretary of the Interior, may offer to convey to the State of Montana, any
political subdivision of the State of Montana, or the Association, any road
determined by the Secretary to primarily service the land conveyed under
this section.
(g) UTILITIES AND INFRASTRUCTURE-
(1) IN GENERAL- The purchaser of a cabin site shall be responsible for
acquiring or securing the use of all utilities and infrastructure necessary
to support the cabin site.
(2) NO FEDERAL ASSISTANCE- The Secretary and the Secretary of the
Interior shall not provide any utilities or infrastructure to the cabin
site.
(h) EASEMENTS AND DEED RESTRICTIONS-
(1) IN GENERAL- Before conveying any cabin site under subsection (e),
the Secretary, with the concurrence of the Secretary of the Interior, shall
ensure that the deed of conveyance--
(A) includes such easements and deed restrictions as are determined,
under subsection (c), to be necessary; and
(B) makes the easements and deed restrictions binding on all
subsequent purchasers of the cabin site.
(2) RESERVATION OF RIGHTS- The Secretary may reserve the perpetual
right, power, privilege, and easement to permanently overflow, flood,
submerge, saturate, percolate, or erode a cabin site (or any portion of a
cabin site) that the Secretary determines is necessary in the operation of
the Fort Peck Dam.
(i) NO CONVEYANCE OF UNSUITABLE CABIN SITES- A cabin site that is
determined to be unsuitable for conveyance under subsection (a)(2)(A) shall
not be conveyed by the Secretary or the Secretary of the Interior under this
section.
(j) IDENTIFICATION OF LAND FOR EXCHANGE-
(1) IN GENERAL- As soon as practicable after the date of enactment of
this Act, the Secretary of the Interior shall identify land that may be
acquired that meets the purposes of this title specified in paragraphs (1)
through (4) of section 802 and for which 1 or more willing sellers
exist.
(2) APPRAISAL- On a request by a willing seller, the Secretary of the
Interior shall appraise the land identified under paragraph (1).
(3) ACQUISITION- If the Secretary of the Interior determines that the
acquisition of the land would meet the purposes of this title specified in
paragraphs (1) through (4) of section 802, the Secretary of the Interior
shall cooperate with the willing seller to facilitate the acquisition of the
land in accordance with section 807.
(4) PUBLIC PARTICIPATION- The Secretary of the Interior shall hold
public hearings, and provide all interested parties with notice and an
opportunity to comment, on the activities carried out under this
section.
SEC. 805. RIGHTS OF NONPARTICIPATING LESSEES.
(a) CONTINUATION OF LEASE-
(1) IN GENERAL- A lessee that does not provide the Secretary with an
offer to acquire the cabin site of the lessee under section 804 (including a
lessee who declines an offer of a comparable cabin site under section
804(a)(3)) may elect to continue to lease the cabin site for the remainder
of the current term of the lease, which, except as provided in paragraph
(2), shall not be renewed or otherwise extended.
(2) EXPIRATION BEFORE 2010- If the current term of a lessee described in
paragraph (1) expires or is scheduled to expire before 2010, the Secretary
shall offer to extend or renew the lease through 2010.
(b) IMPROVEMENTS- Any improvements and personal property of the lessee
that are not removed from the cabin site before the termination of the lease
shall be considered property of the United States in accordance with the
provisions of the lease.
(c) OPTION TO PURCHASE- Subject to subsections (d) and (e) and section
808(b), if at any time before termination of the lease, a lessee described in
subsection (a)(1)--
(1) notifies the Secretary of the intent of the lessee to purchase the
cabin site of the lessee; and
(2) pays for an updated appraisal of the cabin site in accordance with
section 804(c)(6);
the Secretary or, if necessary, the Secretary of the Interior shall convey
the cabin site to the lessee, by individual patent or deed, on receipt of
payment from the lessee for the cabin site of an amount equal to the sum of
the appraised fair market value of the cabin site, as determined by the
updated appraisal, and the administrative costs required to be reimbursed
under section 808.
(d) EASEMENTS AND DEED RESTRICTIONS- Before conveying any cabin site under
subsection (c), the Secretary, with the concurrence of the Secretary of the
Interior, shall ensure that the deed of conveyance--
(1) includes such easements and deed restrictions as are determined,
under section 804(c), to be necessary; and
(2) makes the easements and deed restrictions binding on all subsequent
purchasers of the cabin site.
(e) NO CONVEYANCE OF UNSUITABLE CABIN SITES- A cabin site that is
determined to be unsuitable for conveyance under subsection 804(a)(2)(A) shall
not be conveyed by the Secretary or the Secretary of the Interior under this
section.
(f) REPORT- Not later than July 1, 2003, the Secretary shall submit to
Congress a report that--
(1) describes progress made in implementing this title; and
(2) identifies cabin owners that have filed a notice of interest under
section 804(b) and have declined an opportunity to acquire a comparable
cabin site under section 804(a)(3).
SEC. 806. CONVEYANCE TO THIRD PARTIES.
(a) CONVEYANCES TO THIRD PARTIES- As soon as practicable after the
expiration or surrender of a lease, the Secretary, with the concurrence of the
Secretary of the Interior, may offer for sale, by public auction, written
invitation, or other competitive sales procedure, and at the fair market value
of the cabin site determined under section 804(c)(6), any cabin site that--
(1) is not conveyed to a lessee under this title; and
(2) has not been determined to be unsuitable for conveyance under
section 804(a)(2)(A).
(b) EASEMENTS AND DEED RESTRICTIONS- Before conveying any cabin site under
subsection (a), the Secretary, with the concurrence of the Secretary of the
Interior, shall ensure that the deed of conveyance--
(1) includes such easements and deed restrictions as are determined,
under section 804(c), to be necessary; and
(2) makes the easements and deed restrictions binding on all subsequent
purchasers of the cabin site.
(c) MANAGEMENT OF REMAINING LAND WITHIN CABIN SITE AREAS-
(1) MANAGEMENT BY THE SECRETARY- All land within the outer boundaries of
a cabin site area that is not conveyed under this Act shall be managed by
the Secretary, in consultation with the Secretary of the Interior, in
substantially the same manner as that land is managed on the date of
enactment of this Act and consistent with the purposes for which the Refuge
was established.
(2) CONSTRUCTION AND DEVELOPMENT- The Secretary shall not initiate or
authorize any development or construction on land under paragraph (1) except
with the concurrence of the Secretary of the Interior.
SEC. 807. USE OF PROCEEDS.
(a) PROCEEDS- All payments for the conveyance of cabin sites under this
title, except costs reimbursed to the Secretary under section 808(b)--
(1) shall be deposited in a special fund within the Montana Fish and
Wildlife Conservation Trust established under section 1007 of division C of
the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999
(112 Stat. 2681-715) (as amended by title IV of H.R. 3425 of the 106th
Congress, as enacted by section 1000(a)(5) of Public Law 106-113 (113 Stat.
1536, 1501A-307); and
(2) notwithstanding title X of division C of the Omnibus Consolidated
and Emergency Supplemental Appropriations Act, 1999 (112 Stat. 2681-710),
shall be available for use by the Secretary of the Interior, acting through
the Director of the United States Fish and Wildlife Service in the
Director's sole discretion and without further Act of appropriation, solely
for the acquisition from willing sellers of property that--
(A) is within or adjacent to the Refuge;
(B) would be suitable to carry out the purposes of this title
specified in paragraphs (1) through (4) of section 802; and
(C) on acquisition by the Secretary of the Interior, would be
accessible to the general public for use in conducting activities
consistent with approved uses of the Refuge.
(1) IN GENERAL- To the extent practicable, acquisitions under this title
shall be of land within the Refuge.
(2) NO EFFECT ON ACQUISITION- Nothing in this subsection limits the
ability of the Secretary of the Interior to acquire land adjacent to the
Refuge from a willing seller in cases in which the Secretary of the Interior
also acquires land within the Refuge from the same willing seller.
SEC. 808. ADMINISTRATIVE COSTS.
(a) IN GENERAL- Except as provided in subsection (b), the Secretary shall
pay all administrative costs incurred in carrying out this title.
(b) REIMBURSEMENT- As a condition of the conveyance of any cabin site area
under this title, the Secretary or the Secretary of the Interior--
(1) may require the party to whom the property is conveyed to reimburse
the Secretary or the Secretary of the Interior for a reasonable portion, as
determined by the Secretary or the Secretary of the Interior, of the direct
administrative costs (including survey costs) incurred in carrying out
conveyance activities under this title, taking into consideration any cost
savings achieved as a result of the party's agreeing to purchase its cabin
site as part of a single transaction for the conveyance of multiple cabin
sites; and
(2) shall require the party to whom the property is conveyed to
reimburse the Association for a proportionate share of the costs (including
interest) incurred by the Association in carrying out transactions under
this title.
SEC. 809. REVOCATION OF WITHDRAWALS.
(a) IN GENERAL- Upon execution of any patent or deed, by the Secretary or
the Secretary of the Interior, conveying land as specifically authorized by
this title, any public land withdrawal affecting the land described in the
conveyance document as being conveyed shall be revoked with respect to that
land.
(b) EXCLUSIONS- Nothing in this section affects--
(1) the status of any public land withdrawal on land retained by the
Secretary or the Secretary of the Interior;
(2) the boundary of the Refuge as established by Executive Order No.
7509 (December 11, 1936); or
(3) enforcement of any right retained by the United States.
(c) REINSTATEMENT- If, at any time after the date of enactment of this
Act, the Secretary or the Secretary of the Interior reacquires land conveyed
under this title, any public land withdrawal revoked under this section shall
be reinstated with respect to the reacquired land.
SEC. 810. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary to
carry out this title.
TITLE IX--MISSOURI RIVER RESTORATION, SOUTH DAKOTA
SEC. 901. SHORT TITLE.
This title may be cited as the `Missouri River Restoration Act of
2000'.
SEC. 902. FINDINGS AND PURPOSES.
(a) FINDINGS- Congress finds that--
(1) the Missouri River is--
(A) an invaluable economic, environmental, recreational, and cultural
resource to the people of the United States; and
(B) a critical source of water for drinking and irrigation;
(2) millions of people fish, hunt, and camp along the Missouri River
each year;
(3) thousands of sites of spiritual importance to Native Americans line
the shores of the Missouri River;
(4) the Missouri River provides critical wildlife habitat for threatened
and endangered species;
(5) in 1944, Congress approved the Pick-Sloan program--
(A) to promote the general economic development of the United
States;
(B) to provide for irrigation above Sioux City, Iowa;
(C) to protect urban and rural areas from devastating floods of the
Missouri River; and
(6) the Oahe, Big Bend, Fort Randall, and Gavins Point Dams were
constructed on the Missouri River in South Dakota under the Pick-Sloan
program;
(7) the dams referred to in paragraph (6)--
(A) generate low-cost electricity for millions of people in the United
States;
(B) provide revenue to the Treasury; and
(C) provide flood control that has prevented billions of dollars of
damage;
(8) the Oahe, Big Bend, Fort Randall, and Gavins Point Dams have reduced
the ability of the Missouri River to carry sediment downstream, resulting in
the accumulation of sediment in the reservoirs known as Lake Oahe, Lake
Sharpe, Lake Francis Case, and Lewis and Clark Lake;
(9) the sediment depositions--
(A) cause shoreline flooding;
(B) destroy wildlife habitat;
(C) limit recreational opportunities;
(D) threaten the long-term ability of dams to provide hydropower and
flood control under the Pick-Sloan program;
(E) reduce water quality; and
(F) threaten intakes for drinking water and irrigation; and
(10) to meet the objectives established by Congress for the Pick-Sloan
program, it is necessary to establish a Missouri River Restoration
Program--
(A) to improve conservation;
(B) to reduce the deposition of sediment; and
(C) to take other steps necessary for proper management of the
Missouri River.
(b) PURPOSES- The purposes of this title are--
(1) to reduce the siltation of the Missouri River in the State of South
Dakota;
(2) to meet the objectives of the Pick-Sloan program by developing and
implementing a long-term strategy--
(A) to improve conservation in the Missouri River watershed;
(B) to protect recreation on the Missouri River from
sedimentation;
(C) to improve water quality in the Missouri River;
(D) to improve erosion control along the Missouri River; and
(E) to protect Indian and non-Indian historical and cultural sites
along the Missouri River from erosion; and
(3) to meet the objectives described in paragraphs (1) and (2) by
developing and financing new programs in accordance with the plan.
SEC. 903. DEFINITIONS.
In this title, the following definitions apply:
(1) PICK-SLOAN PROGRAM- The term `Pick-Sloan program' means the
Pick-Sloan Missouri River Basin Program authorized by section 9 of the Flood
Control Act of December 22, 1944 (58 Stat. 891).
(2) PLAN- The term `plan' means the plan for the use of funds made
available by this title that is required to be prepared under section
905(e).
(3) STATE- The term `State' means the State of South Dakota.
(4) TASK FORCE- The term `Task Force' means the Missouri River Task
Force established by section 905(a).
(5) TRUST- The term `Trust' means the Missouri River Trust established
by section 904(a).
SEC. 904. MISSOURI RIVER TRUST.
(a) ESTABLISHMENT- There is established a committee to be known as the
Missouri River Trust.
(b) MEMBERSHIP- The Trust shall be composed of 25 members to be appointed
by the Secretary, including--
(1) 15 members recommended by the Governor of South Dakota that--
(A) represent equally the various interests of the public;
and
(B) include representatives of--
(i) the South Dakota Department of Environment and Natural
Resources;
(ii) the South Dakota Department of Game, Fish, and
Parks;
(iii) environmental groups;
(iv) the hydroelectric power industry;
(vi) recreation user groups;
(vii) agricultural groups; and
(viii) other appropriate interests;
(2) 9 members, 1 of each of whom shall be recommended by each of the 9
Indian tribes in the State of South Dakota; and
(3) 1 member recommended by the organization known as the `Three
Affiliated Tribes of North Dakota' (composed of the Mandan, Hidatsa, and
Arikara tribes).
SEC. 905. MISSOURI RIVER TASK FORCE.
(a) ESTABLISHMENT- There is established the Missouri River Task Force.
(b) MEMBERSHIP- The Task Force shall be composed of--
(1) the Secretary (or a designee), who shall serve as Chairperson;
(2) the Secretary of Agriculture (or a designee);
(3) the Secretary of Energy (or a designee);
(4) the Secretary of the Interior (or a designee); and
(c) DUTIES- The Task Force shall--
(1) meet at least twice each year;
(2) vote on approval of the plan, with approval requiring votes in favor
of the plan by a majority of the members;
(3) review projects to meet the goals of the plan; and
(4) recommend to the Secretary critical projects for
implementation.
(1) IN GENERAL- Not later than 18 months after the date on which funding
authorized under this title becomes available, the Secretary shall submit to
the other members of the Task Force a report on--
(A) the impact of the siltation of the Missouri River in the State,
including the impact on--
(i) the Federal, State, and regional economies;
(iii) hydropower generation;
(iv) fish and wildlife; and
(B) the status of Indian and non-Indian historical and cultural sites
along the Missouri River;
(C) the extent of erosion along the Missouri River (including
tributaries of the Missouri River) in the State; and
(D) other issues, as requested by the Task Force.
(2) CONSULTATION- In preparing the report under paragraph (1), the
Secretary shall consult with--
(A) the Secretary of Energy;
(B) the Secretary of the Interior;
(C) the Secretary of Agriculture;
(E) Indian tribes in the State.
(e) PLAN FOR USE OF FUNDS MADE AVAILABLE BY THIS TITLE-
(1) IN GENERAL- Not later than 3 years after the date on which funding
authorized under this title becomes available, the Task Force shall prepare
a plan for the use of funds made available under this title.
(2) CONTENTS OF PLAN- The plan shall provide for the manner in which the
Task Force shall develop and recommend critical restoration projects to
promote--
(A) conservation practices in the Missouri River watershed;
(B) the general control and removal of sediment from the Missouri
River;
(C) the protection of recreation on the Missouri River from
sedimentation;
(D) the protection of Indian and non-Indian historical and cultural
sites along the Missouri River from erosion;
(E) erosion control along the Missouri River; or
(F) any combination of the activities described in subparagraphs (A)
through (E).
(3) PLAN REVIEW AND REVISION-
(A) IN GENERAL- The Task Force shall make a copy of the plan available
for public review and comment before the plan becomes final, in accordance
with procedures established by the Task Force.
(i) IN GENERAL- The Task Force may, on an annual basis, revise the
plan.
(ii) PUBLIC REVIEW AND COMMENT- In revising the plan, the Task Force
shall provide the public the opportunity to review and comment on any
proposed revision to the plan.
(f) CRITICAL RESTORATION PROJECTS-
(1) IN GENERAL- After the plan is approved by the Task Force under
subsection (c)(2), the Secretary, in coordination with the Task Force, shall
identify critical restoration projects to carry out the plan.
(2) AGREEMENT- The Secretary may carry out a critical restoration
project after entering into an agreement with an appropriate non-Federal
interest in accordance with section 221 of the Flood Control Act of 1970 (42
U.S.C. 1962d-5b) and this section.
(3) INDIAN PROJECTS- To the maximum extent practicable, the Secretary
shall ensure that not less than 30 percent of the funds made available for
critical restoration projects under this title shall be used exclusively for
projects that are--
(A) within the boundary of an Indian reservation; or
(B) administered by an Indian tribe.
(A) FEDERAL SHARE- The Federal share of the cost of carrying out the
assessment under subsection (d) shall be 75 percent.
(B) NON-FEDERAL SHARE- The non-Federal share of the cost of carrying
out the assessment may be provided in the form of services, materials, or
other in-kind contributions.
(A) FEDERAL SHARE- The Federal share of the cost of preparing the plan
under subsection (e) shall be 75 percent.
(B) NON-FEDERAL SHARE- Not more than 50 percent of the non-Federal
share of the cost of preparing the plan may be provided in the form of
services, materials, or other in-kind contributions.
(3) CRITICAL RESTORATION PROJECTS-
(A) IN GENERAL- A non-Federal cost share shall be required to carry
out any critical restoration project under subsection (f) that does not
primarily benefit the Federal Government, as determined by the Task
Force.
(B) FEDERAL SHARE- The Federal share of the cost of carrying out a
project under subsection (f) for which the Task Force requires a
non-Federal cost share under subparagraph (A) shall be 65 percent, not to
exceed $5,000,000 for any critical restoration project.
(i) IN GENERAL- Not more than 50 percent of the non-Federal share of
the cost of carrying out a project described in subparagraph (B) may be
provided in the form of services, materials, or other in-kind
contributions.
(ii) REQUIRED NON-FEDERAL CONTRIBUTIONS- For any project described
in subparagraph (B), the non-Federal interest shall--
(I) provide all land, easements, rights-of-way, dredged material
disposal areas, and relocations;
(II) pay all operation, maintenance, replacement, repair, and
rehabilitation costs; and
(III) hold the United States harmless from all claims arising from
the construction, operation, and maintenance of the
project.
(iii) CREDIT- The Secretary shall credit the non-Federal interest
for all contributions provided under clause (ii)(I).
SEC. 906. ADMINISTRATION.
(a) IN GENERAL- Nothing in this title diminishes or affects--
(1) any water right of an Indian tribe;
(2) any other right of an Indian tribe, except as specifically provided
in another provision of this title;
(3) any treaty right that is in effect on the date of enactment of this
Act;
(4) any external boundary of an Indian reservation of an Indian
tribe;
(5) any authority of the State that relates to the protection,
regulation, or management of fish, terrestrial wildlife, and cultural and
archaeological resources, except as specifically provided in this title;
or
(6) any authority of the Secretary, the Secretary of the Interior, or
the head of any other Federal agency under a law in effect on the date of
enactment of this Act, including--
(A) the National Historic Preservation Act (16 U.S.C. 470 et
seq.);
(B) the Archaeological Resources Protection Act of 1979 (16 U.S.C.
470aa et seq.);
(C) the Fish and Wildlife Coordination Act (16 U.S.C. 661 et
seq.);
(D) the Act entitled `An Act for the protection of the bald eagle',
approved June 8, 1940 (16 U.S.C. 668 et seq.);
(E) the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.);
(F) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.);
(G) the Native American Graves Protection and Repatriation Act (25
U.S.C. 3001 et seq.);
(H) the Federal Water Pollution Control Act (33 U.S.C. 1251 et
seq.);
(I) the Safe Drinking Water Act (42 U.S.C. 300f et seq.); and
(J) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
(b) FEDERAL LIABILITY FOR DAMAGE- Nothing in this title relieves the
Federal Government of liability for damage to private property caused by the
operation of the Pick-Sloan program.
(c) FLOOD CONTROL- Notwithstanding any other provision of this title, the
Secretary shall retain the authority to operate the Pick-Sloan program for the
purposes of meeting the requirements of the Flood Control Act of December 22,
1944 (33 U.S.C. 701-1 et seq.; 58 Stat. 887).
(d) USE OF FUNDS- Funds transferred to the Trust may be used to pay the
non-Federal share required under Federal programs.
SEC. 907. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL- There is autho