[106th Congress Public Law 53]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ053.106]
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Public Law 106-53
106th Congress
An Act
To provide for the conservation and development of water and related
resources, to authorize the <<NOTE: Aug. 17, 1999 - [S. 507]>> United
States Army Corps of Engineers 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 <<NOTE: Water Resources Development
Act of 1999. Inter- governmental relations.>> assembled,
SECTION 1. SHORT TITLE; TABLE OF <<NOTE: 33 USC 2201 note.>> CONTENTS.
(a) Short Title.--This Act may be cited as the ``Water Resources
Development Act of 1999''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definition of <<NOTE: 33 USC 2201 note.>> Secretary.
TITLE I--WATER RESOURCES PROJECTS
Sec. 101. Project authorizations.
Sec. 102. Small flood control projects.
Sec. 103. Small bank stabilization projects.
Sec. 104. Small navigation projects.
Sec. 105. Small projects for improvement of the quality of the
environment.
Sec. 106. Small aquatic ecosystem restoration projects.
TITLE II--GENERAL PROVISIONS
Sec. 201. Small flood control authority.
Sec. 202. Use of non-Federal funds for compiling and disseminating
information on floods and flood damage.
Sec. 203. Contributions by States and political subdivisions.
Sec. 204. Sediment decontamination technology.
Sec. 205. Control of aquatic plants.
Sec. 206. Use of continuing contracts for construction of certain
projects.
Sec. 207. Water resources development studies for the Pacific region.
Sec. 208. Everglades and south Florida ecosystem restoration.
Sec. 209. Beneficial uses of dredged material.
Sec. 210. Aquatic ecosystem restoration.
Sec. 211. Watershed management, restoration, and development.
Sec. 212. Flood mitigation and riverine restoration program.
Sec. 213. Shore management program.
Sec. 214. Shore damage prevention or mitigation.
Sec. 215. Shore protection.
Sec. 216. Flood prevention coordination.
Sec. 217. Disposal of dredged material on beaches.
Sec. 218. Annual passes for recreation.
Sec. 219. Nonstructural flood control projects.
Sec. 220. Lakes program.
Sec. 221. Enhancement of fish and wildlife resources.
Sec. 222. Purchase of American-made equipment and products.
Sec. 223. Construction of flood control projects by non-Federal
interests.
Sec. 224. Environmental dredging.
Sec. 225. Recreation user fees.
Sec. 226. Small storm damage reduction projects.
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Sec. 227. Use of private enterprises.
TITLE III--PROJECT-RELATED PROVISIONS
Sec. 301. Tennessee-Tombigbee Waterway wildlife mitigation, Alabama and
Mississippi.
Sec. 302. Ouzinkie Harbor, Alaska.
Sec. 303. St. Paul Harbor, St. Paul, Alaska.
Sec. 304. Loggy Bayou, Red River below Denison Dam, Arkansas, Louisiana,
Oklahoma, and Texas.
Sec. 305. Sacramento River, Glenn-Colusa, California.
Sec. 306. San Lorenzo River, California.
Sec. 307. Terminus Dam, Kaweah River, California.
Sec. 308. Delaware River mainstem and channel deepening, Delaware, New
Jersey, and Pennsylvania.
Sec. 309. Potomac River, Washington, District of Columbia.
Sec. 310. Brevard County, Florida.
Sec. 311. Broward County and Hillsboro Inlet, Florida.
Sec. 312. Lee County, Captiva Island segment, Florida, periodic beach
nourishment.
Sec. 313. Fort Pierce, Florida.
Sec. 314. Nassau County, Florida.
Sec. 315. Miami Harbor channel, Florida.
Sec. 316. St. Augustine, St. Johns County, Florida.
Sec. 317. Milo Creek, Idaho.
Sec. 318. Lake Michigan, Illinois.
Sec. 319. Springfield, Illinois.
Sec. 320. Ogden Dunes, Indiana.
Sec. 321. Saint Joseph River, South Bend, Indiana.
Sec. 322. White River, Indiana.
Sec. 323. Dubuque, Iowa.
Sec. 324. Lake Pontchartrain, Louisiana.
Sec. 325. Larose to Golden Meadow, Louisiana.
Sec. 326. Louisiana State Penitentiary Levee, Louisiana.
Sec. 327. Twelve-Mile Bayou, Caddo Parish, Louisiana.
Sec. 328. West bank of the Mississippi River (east of Harvey Canal),
Louisiana.
Sec. 329. Tolchester Channel S-Turn, Baltimore, Maryland.
Sec. 330. Sault Sainte Marie, Chippewa County, Michigan.
Sec. 331. Jackson County, Mississippi.
Sec. 332. Bois Brule Drainage and Levee District, Missouri.
Sec. 333. Meramec River Basin, Valley Park Levee, Missouri.
Sec. 334. Missouri River mitigation project, Missouri, Kansas, Iowa, and
Nebraska.
Sec. 335. Wood River, Grand Island, Nebraska.
Sec. 336. Absecon Island, New Jersey.
Sec. 337. New York Harbor and Adjacent Channels, Port Jersey, New
Jersey.
Sec. 338. Arthur Kill, New York and New Jersey.
Sec. 339. Kill Van Kull and Newark Bay Channels, New York and New
Jersey.
Sec. 340. New York City watershed.
Sec. 341. New York State canal system.
Sec. 342. Fire Island Inlet to Montauk Point, New York.
Sec. 343. Broken Bow Lake, Red River Basin, Oklahoma.
Sec. 344. Willamette River Temperature Control, McKenzie Subbasin,
Oregon.
Sec. 345. Curwensville Lake, Pennsylvania.
Sec. 346. Delaware River, Pennsylvania and Delaware.
Sec. 347. Mussers Dam, Pennsylvania.
Sec. 348. Philadelphia, Pennsylvania.
Sec. 349. Nine Mile Run, Allegheny County, Pennsylvania.
Sec. 350. Raystown Lake, Pennsylvania.
Sec. 351. South Central Pennsylvania.
Sec. 352. Fox Point hurricane barrier, Providence, Rhode Island.
Sec. 353. Cooper River, Charleston Harbor, South Carolina.
Sec. 354. Clear Creek, Texas.
Sec. 355. Cypress Creek, Texas.
Sec. 356. Dallas Floodway Extension, Dallas, Texas.
Sec. 357. Upper Jordan River, Utah.
Sec. 358. Elizabeth River, Chesapeake, Virginia.
Sec. 359. Columbia River channel, Washington and Oregon.
Sec. 360. Greenbrier River Basin, West Virginia.
Sec. 361. Bluestone Lake, Ohio River Basin, West Virginia.
Sec. 362. Moorefield, West Virginia.
Sec. 363. West Virginia and Pennsylvania flood control.
Sec. 364. Project reauthorizations.
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Sec. 365. Project deauthorizations.
Sec. 366. American and Sacramento Rivers, California.
Sec. 367. Martin, Kentucky.
Sec. 368. Southern West Virginia pilot program.
Sec. 369. Black Warrior and Tombigbee Rivers, Jackson, Alabama.
Sec. 370. Tropicana Wash and Flamingo Wash, Nevada.
Sec. 371. Comite River, Louisiana.
Sec. 372. St. Marys River, Michigan.
Sec. 373. Charlevoix, Michigan.
Sec. 374. White River Basin, Arkansas and Missouri.
Sec. 375. Waurika Lake, Oklahoma, water conveyance facilities.
TITLE IV--STUDIES
Sec. 401. Deep draft harbor cost sharing.
Sec. 402. Boydsville, Arkansas.
Sec. 403. Greers Ferry Lake, Arkansas.
Sec. 404. Del Norte County, California.
Sec. 405. Frazier Creek, Tulare County, California.
Sec. 406. Mare Island Strait, California.
Sec. 407. Strawberry Creek, Berkeley, California.
Sec. 408. Sweetwater Reservoir, San Diego County, California.
Sec. 409. Whitewater River basin, California.
Sec. 410. Destin-Noriega Point, Florida.
Sec. 411. Little Econlackhatchee River basin, Florida.
Sec. 412. Port Everglades, Broward County, Florida.
Sec. 413. Lake Allatoona, Etowah River, and Little River watershed,
Georgia.
Sec. 414. Boise, Idaho.
Sec. 415. Goose Creek watershed, Oakley, Idaho.
Sec. 416. Little Wood River, Gooding, Idaho.
Sec. 417. Snake River, Lewiston, Idaho.
Sec. 418. Snake River and Payette River, Idaho.
Sec. 419. Upper Des Plaines River and tributaries, Illinois and
Wisconsin.
Sec. 420. Cameron Parish west of Calcasieu River, Louisiana.
Sec. 421. Coastal Louisiana.
Sec. 422. Grand Isle and vicinity, Louisiana.
Sec. 423. Gulf Intracoastal Waterway ecosystem, Chef Menteur to Sabine
River, Louisiana.
Sec. 424. Muddy River, Brookline and Boston, Massachusetts.
Sec. 425. Westport, Massachusetts.
Sec. 426. St. Clair River and Lake St. Clair, Michigan.
Sec. 427. St. Clair Shores, Michigan.
Sec. 428. Woodtick Peninsula, Michigan, and Toledo Harbor, Ohio.
Sec. 429. Pascagoula Harbor, Mississippi.
Sec. 430. Tunica Lake weir, Mississippi.
Sec. 431. Yellowstone River, Montana.
Sec. 432. Las Vegas Valley, Nevada.
Sec. 433. Southwest Valley, Albuquerque, New Mexico.
Sec. 434. Cayuga Creek, New York.
Sec. 435. Lake Champlain, New York and Vermont.
Sec. 436. Oswego River basin, New York.
Sec. 437. White Oak River, North Carolina.
Sec. 438. Arcola Creek watershed, Madison, Ohio.
Sec. 439. Cleveland harbor, Cleveland, Ohio.
Sec. 440. Toussaint River, Carroll Township, Ohio.
Sec. 441. Western Lake Erie basin, Ohio, Indiana, and Michigan.
Sec. 442. Schuylkill River, Norristown, Pennsylvania.
Sec. 443. South Carolina coastal areas.
Sec. 444. Santee Delta focus area, South Carolina.
Sec. 445. Waccamaw River, South Carolina.
Sec. 446. Day County, South Dakota.
Sec. 447. Niobrara River and Missouri River, South Dakota.
Sec. 448. Corpus Christi, Texas.
Sec. 449. Mitchell's Cut Channel (Caney Fork Cut), Texas.
Sec. 450. Mouth of Colorado River, Texas.
Sec. 451. Santa Clara River, Utah.
Sec. 452. Mount St. Helens, Washington.
Sec. 453. Kanawha River, Fayette County, West Virginia.
Sec. 454. West Virginia ports.
Sec. 455. John Glenn Great Lakes basin program.
Sec. 456. Great Lakes navigational system.
Sec. 457. Nutrient loading resulting from dredged material disposal.
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Sec. 458. Upper Mississippi and Illinois Rivers levees and streambanks
protection.
Sec. 459. Upper Mississippi River comprehensive plan.
Sec. 460. Susquehanna River and Upper Chesapeake Bay.
TITLE V--MISCELLANEOUS PROVISIONS
Sec. 501. Corps assumption of NRCS projects.
Sec. 502. Environmental infrastructure.
Sec. 503. Contaminated sediment dredging technology.
Sec. 504. Dam safety.
Sec. 505. Great Lakes remedial action plans.
Sec. 506. Projects for improvement of the environment.
Sec. 507. Maintenance of navigation channels.
Sec. 508. Measurements of Lake Michigan diversions, Illinois.
Sec. 509. Upper Mississippi River environmental management program.
Sec. 510. Atlantic Coast of New York.
Sec. 511. Water control management.
Sec. 512. Beneficial use of dredged material.
Sec. 513. Design and construction assistance.
Sec. 514. Missouri and Middle Mississippi Rivers enhancement project.
Sec. 515. Irrigation diversion protection and fisheries enhancement
assistance.
Sec. 516. Innovative technologies for watershed restoration.
Sec. 517. Expedited consideration of certain projects.
Sec. 518. Dog River, Alabama.
Sec. 519. Levees in Elba and Geneva, Alabama.
Sec. 520. Navajo Reservation, Arizona, New Mexico, and Utah.
Sec. 521. Beaver Lake, Arkansas, water supply storage reallocation.
Sec. 522. Beaver Lake trout production facility, Arkansas.
Sec. 523. Chino dairy preserve, California.
Sec. 524. Orange and San Diego Counties, California.
Sec. 525. Rush Creek, Novato, California.
Sec. 526. Santa Cruz Harbor, California.
Sec. 527. Lower St. Johns River basin, Florida.
Sec. 528. Mayo's Bar Lock and Dam, Coosa River, Rome, Georgia.
Sec. 529. Comprehensive flood impact response modeling system,
Coralville Reservoir and Iowa River watershed, Iowa.
Sec. 530. Additional construction assistance in Illinois.
Sec. 531. Kanopolis Lake, Kansas.
Sec. 532. Southern and Eastern Kentucky.
Sec. 533. Southeast Louisiana.
Sec. 534. Snug Harbor, Maryland.
Sec. 535. Welch Point, Elk River, Cecil County, and Chesapeake City,
Maryland.
Sec. 536. Cape Cod Canal Railroad Bridge, Buzzards Bay, Massachusetts.
Sec. 537. St. Louis, Missouri.
Sec. 538. Beaver Branch of Big Timber Creek, New Jersey.
Sec. 539. Lake Ontario and St. Lawrence River water levels, New York.
Sec. 540. New York-New Jersey Harbor, New York and New Jersey.
Sec. 541. Sea Gate Reach, Coney Island, New York, New York.
Sec. 542. Woodlawn, New York.
Sec. 543. Floodplain mapping, New York.
Sec. 544. Toussaint River, Carroll Township, Ottawa County, Ohio.
Sec. 545. Sardis Reservoir, Oklahoma.
Sec. 546. Skinner Butte Park, Eugene, Oregon.
Sec. 547. Willamette River basin, Oregon.
Sec. 548. Bradford and Sullivan Counties, Pennsylvania.
Sec. 549. Erie Harbor, Pennsylvania.
Sec. 550. Point Marion Lock and Dam, Pennsylvania.
Sec. 551. Seven Points' Harbor, Pennsylvania.
Sec. 552. Southeastern Pennsylvania.
Sec. 553. Upper Susquehanna-Lackawanna, Pennsylvania, watershed
management and restoration study.
Sec. 554. Aguadilla Harbor, Puerto Rico.
Sec. 555. Oahe Dam to Lake Sharpe, South Dakota, study.
Sec. 556. North Padre Island storm damage reduction and environmental
restoration project.
Sec. 557. Northern West Virginia.
Sec. 558. Mississippi River Commission.
Sec. 559. Coastal aquatic habitat management.
Sec. 560. Abandoned and inactive noncoal mine restoration.
Sec. 561. Beneficial use of waste tire rubber.
Sec. 562. Site designation.
Sec. 563. Land conveyances.
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Sec. 564. McNary Pool, Washington.
Sec. 565. Namings.
Sec. 566. Folsom Dam and Reservoir additional storage and additional
flood control studies.
Sec. 567. Wallops Island, Virginia.
Sec. 568. Detroit River, Michigan.
Sec. 569. Northeastern Minnesota.
Sec. 570. Alaska.
Sec. 571. Central West Virginia.
Sec. 572. Sacramento Metropolitan Area watershed restoration,
California.
Sec. 573. Onondaga Lake, New York.
Sec. 574. East Lynn Lake, West Virginia.
Sec. 575. Eel River, California.
Sec. 576. North Little Rock, Arkansas.
Sec. 577. Upper Mississippi River, Mississippi Place, St. Paul,
Minnesota.
Sec. 578. Dredging of salt ponds in the State of Rhode Island.
Sec. 579. Upper Susquehanna River basin, Pennsylvania and New York.
Sec. 580. Cumberland, Maryland, flood project mitigation.
Sec. 581. City of Miami Beach, Florida.
Sec. 582. Research and development program for Columbia and Snake Rivers
salmon survival.
Sec. 583. Larkspur Ferry Channel, California.
Sec. 584. Holes Creek flood control project, Ohio.
Sec. 585. San Jacinto disposal area, Galveston, Texas.
Sec. 586. Water monitoring station.
Sec. 587. Overflow management facility, Rhode Island.
Sec. 588. Lower Chena River, Alaska.
Sec. 589. Numana Dam Fish passage, Nevada.
Sec. 590. Embrey Dam, Virginia.
Sec. 591. Environmental remediation, Front Royal, Virginia.
Sec. 592. Mississippi.
Sec. 593. Central New Mexico.
Sec. 594. Ohio.
Sec. 595. Rural Nevada and Montana.
Sec. 596. Phoenix, Arizona.
Sec. 597. National Harbor, Maryland.
TITLE VI--CHEYENNE RIVER SIOUX TRIBE, LOWER BRULE SIOUX TRIBE, AND STATE
OF SOUTH DAKOTA TERRESTRIAL WILDLIFE HABITAT RESTORATION
Sec. 601. Definitions.
Sec. 602. Terrestrial wildlife habitat restoration.
Sec. 603. South Dakota Terrestrial Wildlife Habitat Restoration Trust
Fund.
Sec. 604. Cheyenne River Sioux Tribe and Lower Brule Sioux Tribe
Terrestrial Wildlife Habitat Restoration Trust Funds.
Sec. 605. Transfer of Federal land to State of South Dakota.
Sec. 606. Transfer of Corps of Engineers land for Indian tribes.
Sec. 607. Administration.
Sec. 608. Study.
Sec. 609. Authorization of appropriations.
SEC. 2. <<NOTE: 33 USC 2201 note.>> 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) Nome harbor improvements, alaska.--The project for
navigation, Nome Harbor improvements, Alaska: Report of the
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Chief of Engineers dated June 8, 1999, as amended by the Chief
of Engineers on August 2, 1999, at a total cost of $25,651,000,
with an estimated Federal cost of $20,192,000 and an estimated
non-Federal cost of $5,459,000.
(2) Sand point harbor, alaska.--The project for navigation,
Sand Point Harbor, Alaska: Report of the Chief of Engineers
dated October 13, 1998, at a total cost of $11,760,000, with an
estimated Federal cost of $6,964,000 and an estimated non-
Federal cost of $4,796,000.
(3) Seward harbor, alaska.--The project for navigation,
Seward Harbor, Alaska: Report of the Chief of Engineers dated
June 8, 1999, at a total cost of $12,240,000, with an estimated
Federal cost of $4,089,000 and an estimated non-Federal cost of
$8,151,000.
(4) Rio salado (salt river), phoenix and tempe, arizona.--
The project for flood control and environmental restoration, Rio
Salado (Salt River), Phoenix and Tempe, Arizona: Report of the
Chief of Engineers dated August 20, 1998, at a total cost of
$88,048,000, with an estimated Federal cost of $56,355,000 and
an estimated non-Federal cost of $31,693,000.
(5) Tucson drainage area, arizona.--The project for flood
damage reduction, environmental restoration, and recreation,
Tucson drainage area, Arizona: Report of the Chief of Engineers
dated May 20, 1998, at a total cost of $29,900,000, with an
estimated Federal cost of $16,768,000 and an estimated non-
Federal cost of $13,132,000.
(6) American and sacramento rivers, california.--
(A) In general.--The Folsom Dam Modification portion
of the Folsom Modification Plan described in the United
States Army Corps of Engineers Supplemental Information
Report for the American River Watershed Project,
California, dated March 1996, as modified by the report
entitled ``Folsom Dam Modification Report, New Outlets
Plan'', dated March 1998, prepared by the Sacramento
Area Flood Control Agency, at an estimated cost of
$150,000,000, with an estimated Federal cost of
$97,500,000 and an estimated non-Federal cost of
$52,500,000. The Secretary shall coordinate with the
Secretary of the Interior with respect to the design and
construction of modifications at Folsom Dam authorized
by this paragraph.
(B) Reoperation measures.--Upon completion of the
improvements to Folsom Dam authorized by subparagraph
(A), the variable space allocated to flood control
within the Reservoir shall be reduced from the current
operating range of 400,000-670,000 acre-feet to 400,000-
600,000 acre-feet.
(C) Makeup of water shortages caused by flood
control operation.--The Secretary of the Interior shall
enter into, or modify, such agreements with the
Sacramento Area Flood Control Agency regarding the
operation of Folsom Dam and reservoir as may be
necessary in order that, notwithstanding any prior
agreement or provision of law, 100 percent of the water
needed to make up for any water shortage caused by
variable flood control operation during any year at
Folsom Dam and resulting in
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a significant impact on recreation at Folsom Reservoir
shall be replaced, to the extent the water is available
for purchase, by the Secretary of the Interior.
(D) Significant impact on recreation.--For the
purposes of this paragraph, a significant impact on
recreation is defined as any impact that results in a
lake elevation at Folsom Reservoir below 435 feet above
sea level starting on May 15 and ending on September 15
of any given year.
(E) Updated flood management plan.--The Secretary,
in cooperation with the Secretary of the Interior, shall
update the flood management plan for Folsom Dam
authorized by section 9159(f)(2) of the Department of
Defense Appropriations Act, 1993 (106 Stat. 1946), to
reflect the operational capabilities created by the
modification authorized by subparagraph (A) and improved
weather forecasts based on the Advanced Hydrologic
Prediction System of the National Weather Service.
(7) Oakland harbor, california.--The project for navigation,
Oakland Harbor, California: Report of the Chief of Engineers
dated April 21, 1999, at a total cost of $252,290,000, with an
estimated Federal cost of $128,081,000 and an estimated non-
Federal cost of $124,209,000.
(8) South sacramento county streams, california.--The
project for flood control, environmental restoration and
recreation, South Sacramento County streams, California: Report
of the Chief of Engineers dated October 6, 1998, at a total cost
of $65,500,000, with an estimated Federal cost of $41,200,000
and an estimated non-Federal cost of $24,300,000.
(9) Upper guadalupe river, california.--Construction of the
locally preferred plan for flood damage reduction and
recreation, Upper Guadalupe River, California, described as the
Bypass Channel Plan of the Chief of Engineers dated August 19,
1998, at a total cost of $140,328,000, with an estimated Federal
cost of $44,000,000 and an estimated non-Federal cost of
$96,328,000.
(10) Yuba river basin, california.--The project for flood
damage reduction, Yuba River Basin, California: Report of the
Chief of Engineers dated November 25, 1998, at a total cost of
$26,600,000, with an estimated Federal cost of $17,350,000 and
an estimated non-Federal cost of $9,250,000.
(11) Delaware bay coastline, delaware and new jersey-
broadkill beach, delaware.--The project for hurricane and storm
damage reduction, Delaware Bay coastline, Delaware and New
Jersey-Broadkill Beach, Delaware: Report of the Chief of
Engineers dated August 17, 1998, at a total cost of $9,049,000,
with an estimated Federal cost of $5,674,000 and an estimated
non-Federal cost of $3,375,000, and at an estimated average
annual cost of $538,200 for periodic nourishment over the 50-
year life of the project, with an estimated annual Federal cost
of $349,800 and an estimated annual non-Federal cost of
$188,400.
(12) Delaware bay coastline, delaware and new jersey-port
mahon, delaware.--The project for ecosystem restoration,
Delaware Bay coastline, Delaware and New Jersey-Port Mahon,
Delaware: Report of the Chief of Engineers dated
[[Page 113 STAT. 276]]
September 28, 1998, at a total cost of $7,644,000, with an
estimated Federal cost of $4,969,000 and an estimated non-
Federal cost of $2,675,000, and at an estimated average annual
cost of $234,000 for periodic nourishment over the 50-year life
of the project, with an estimated annual Federal cost of
$152,000 and an estimated annual non-Federal cost of $82,000.
(13) Delaware bay coastline, delaware and new jersey-
roosevelt inlet-lewes beach, delaware.--The project for
navigation mitigation and hurricane and storm damage reduction,
Delaware Bay coastline, Delaware and New Jersey-Roosevelt Inlet-
Lewes Beach, Delaware: Report of the Chief of Engineers dated
February 3, 1999, at a total cost of $3,393,000, with an
estimated Federal cost of $2,620,000 and an estimated non-
Federal cost of $773,000, and at an estimated average annual
cost of $196,000 for periodic nourishment over the 50-year life
of the project, with an estimated annual Federal cost of
$152,000 and an estimated annual non-Federal cost of $44,000.
(14) Delaware bay coastline, delaware and new jersey-villas
and vicinity, new jersey.--The project for shore protection and
ecosystem restoration, Delaware Bay coastline, Delaware and New
Jersey-Villas and vicinity, New Jersey: Report of the Chief of
Engineers dated April 21, 1999, at a total cost of $7,520,000,
with an estimated Federal cost of $4,888,000 and an estimated
non-Federal cost of $2,632,000.
(15) Delaware coast from cape henelopen to fenwick island,
bethany beach/south bethany beach, delaware.--The project for
hurricane and storm damage reduction, Delaware Coast from Cape
Henelopen to Fenwick Island, Bethany Beach/South Bethany Beach,
Delaware: Report of the Chief of Engineers dated April 21, 1999,
at a total cost of $22,205,000, with an estimated Federal cost
of $14,433,000 and an estimated non-Federal cost of $7,772,000,
and at an estimated average annual cost of $1,584,000 for
periodic nourishment over the 50-year life of the project, with
an estimated annual Federal cost of $1,030,000 and an estimated
annual non-Federal cost of $554,000.
(16) Hillsboro and okeechobee aquifer, florida.--The project
for aquifer storage and recovery described in the Corps of
Engineers Central and Southern Florida Water Supply Study,
Florida, dated April 1989, and in House Document 369, dated July
30, 1968, at a total cost of $27,000,000, with an estimated
Federal cost of $13,500,000 and an estimated non-Federal cost of
$13,500,000.
(17) Jacksonville harbor, florida.--The project for
navigation, Jacksonville Harbor, Florida: Report of the Chief of
Engineers dated April 21, 1999, at a total cost of $26,116,000,
with an estimated Federal cost of $9,129,000 and an estimated
non-Federal cost of $16,987,000.
(18) Tampa harbor-big bend channel, florida.--The project
for navigation, Tampa Harbor-Big Bend Channel, Florida: Report
of the Chief of Engineers dated October 13, 1998, at a total
cost of $12,356,000, with an estimated Federal cost of
$6,235,000 and an estimated non-Federal cost of $6,121,000.
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(19) Brunswick harbor, georgia.--The project for navigation,
Brunswick Harbor, Georgia: Report of the Chief of Engineers
dated October 6, 1998, at a total cost of $50,717,000, with an
estimated Federal cost of $32,966,000 and an estimated non-
Federal cost of $17,751,000.
(20) Beargrass creek, kentucky.--The project for flood
control, Beargrass Creek, Kentucky: Report of the Chief of
Engineers dated May 12, 1998, at a total cost of $11,171,300,
with an estimated Federal cost of $7,261,500 and an estimated
non-Federal cost of $3,909,800.
(21) Amite river and tributaries, louisiana, east baton
rouge parish watershed.--The project for flood damage reduction
and recreation, Amite River and Tributaries, Louisiana, East
Baton Rouge Parish Watershed: Report of the Chief of Engineers
dated December 23, 1996, at a total cost of $112,900,000, with
an estimated Federal cost of $73,400,000 and an estimated non-
Federal cost of $39,500,000.
(22) Baltimore harbor anchorages and channels, maryland and
virginia.--
(A) In general.--The project for navigation,
Baltimore Harbor Anchorages and Channels, Maryland and
Virginia, Report of the Chief of Engineers dated June 8,
1998, at a total cost of $28,426,000, with an estimated
Federal cost of $18,994,000 and an estimated non-Federal
cost of $9,432,000.
(B) Credit or reimbursement.--If a project
cooperation agreement is entered into, the non-Federal
interest shall receive credit toward, or reimbursement
of, the Federal share of project costs for construction
work performed by the non-Federal interest before
execution of the project cooperation agreement if the
Secretary finds the work to be integral to the project.
(C) Study of modifications.--During the
preconstruction engineering and design phase of the
project, the Secretary shall conduct a study to
determine the feasibility of undertaking further
modifications to the Dundalk Marine Terminal access
channels, consisting of--
(i) deepening and widening the Dundalk access
channels to a depth of 50 feet and a width of 500
feet;
(ii) widening the flares of the access
channels; and
(iii) providing a new flare on the west side
of the entrance to the east access channel.
(D) <<NOTE: Deadline.>> Report.--
(i) In general.--Not later than March 1, 2000,
the Secretary shall submit to Congress a report on
the study under subparagraph (C).
(ii) Contents.--The report shall include a
determination of--
(I) the feasibility of performing
the project modifications described in
subparagraph (C); and
(II) the appropriateness of
crediting or reimbursing the Federal
share of the cost of the work performed
by the non-Federal interest on the
project modifications.
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(23) Red lake river at crookston, minnesota.--The project
for flood control, Red Lake River at Crookston, Minnesota:
Report of the Chief of Engineers dated April 20, 1998, at a
total cost of $8,950,000, with an estimated Federal cost of
$5,720,000 and an estimated non-Federal cost of $3,230,000.
(24) Turkey creek basin, kansas city, missouri, and kansas
city, kansas.--The project for flood damage reduction, Turkey
Creek Basin, Kansas City, Missouri, and Kansas City, Kansas:
Report of the Chief of Engineers dated April 21, 1999, at a
total cost of $42,875,000, with an estimated Federal cost of
$25,596,000 and an estimated non-Federal cost of $17,279,000.
(25) Lower cape may meadows, cape may point, new jersey.--
The project for navigation mitigation, ecosystem restoration,
shore protection, and hurricane and storm damage reduction,
Lower Cape May Meadows, Cape May Point, New Jersey: Report of
the Chief of Engineers dated April 5, 1999, at a total cost of
$15,952,000, with an estimated Federal cost of $12,118,000 and
an estimated non-Federal cost of $3,834,000, and at an estimated
average annual cost of $1,114,000 for periodic nourishment over
the 50-year life of the project, with an estimated annual
Federal cost of $897,000 and an estimated annual non-Federal
cost of $217,000.
(26) Townsends inlet to cape may inlet, new jersey.--The
project for hurricane and storm damage reduction, shore
protection, and ecosystem restoration, Townsends Inlet to Cape
May Inlet, New Jersey: Report of the Chief of Engineers dated
September 28, 1998, at a total cost of $56,503,000, with an
estimated Federal cost of $36,727,000 and an estimated non-
Federal cost of $19,776,000, and at an estimated average annual
cost of $2,000,000 for periodic nourishment over the 50-year
life of the project, with an estimated annual Federal cost of
$1,300,000 and an estimated annual non-Federal cost of $700,000.
(27) Guanajibo river, puerto rico.--
(A) In general.--The project for flood control,
Guanajibo River, Puerto Rico: Report of the Chief of
Engineers dated February 27, 1996, at a total cost of
$27,031,000, with an estimated Federal cost of
$20,273,250 and an estimated non-Federal cost of
$6,757,750.
(B) Cost sharing.--Cost sharing for the project
shall be determined in accordance with section 103(a) of
the Water Resources Development Act of 1986 (33 U.S.C.
2213(a)), as in effect on October 11, 1996.
(28) Rio grande de manati, barceloneta, puerto rico.--The
project for flood control, Rio Grande De Manati, Barceloneta,
Puerto Rico: Report of the Chief of Engineers dated January 22,
1999, at a total cost of $13,491,000, with an estimated Federal
cost of $8,785,000 and an estimated non-Federal cost of
$4,706,000.
(29) Rio nigua, salinas, puerto rico.--The project for flood
control, Rio Nigua, Salinas, Puerto Rico: Report of the Chief of
Engineers dated April 15, 1997, at a total cost of $13,702,000,
with an estimated Federal cost of $7,645,000 and an estimated
non-Federal cost of $6,057,000.
(30) Salt creek, graham, texas.--The project for flood
control, environmental restoration, and recreation, Salt Creek,
[[Page 113 STAT. 279]]
Graham, Texas: Report of the Chief of Engineers dated October 6,
1998, at a total cost of $10,080,000, with an estimated Federal
cost of $6,560,000 and an estimated non-Federal cost of
$3,520,000.
(b) Projects Subject to a 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, 1999:
(1) Heritage harbor, wrangell, alaska.--The project for
navigation, Heritage Harbor, Wrangell, Alaska, at a total cost
of $24,556,000, with an estimated Federal cost of $14,447,000
and estimated non-Federal cost of $10,109,000.
(2) Arroyo pasajero, california.--The project for flood
damage reduction, Arroyo Pasajero, California, at a total cost
of $260,700,000, with an estimated Federal cost of $170,100,000
and an estimated non-Federal cost of $90,600,000.
(3) Hamilton airfield, california.--The project for
environmental restoration, Hamilton Airfield, California, at a
total cost of $55,200,000, with an estimated Federal cost of
$41,400,000 and an estimated non-Federal cost of $13,800,000.
(4) Success dam, tule river basin, california.--The project
for flood damage reduction and water supply, Success Dam, Tule
River basin, California, at a total cost of $17,900,000, with an
estimated Federal cost of $11,635,000 and an estimated non-
Federal cost of $6,265,000.
(5) Delaware bay coastline, delaware and new jersey: oakwood
beach, new jersey.--The project for shore protection, Delaware
Bay coastline, Delaware and New Jersey: Oakwood Beach, New
Jersey, at a total cost of $3,360,000, with an estimated Federal
cost of $2,184,000 and an estimated non-Federal cost of
$1,176,000, and at an estimated average annual cost of $81,000
for periodic nourishment over the 50-year life of the project,
with an estimated annual Federal cost of $53,000 and an
estimated annual non-Federal cost of $28,000.
(6) Delaware bay coastline, delaware and new jersey: reeds
beach and pierces point, new jersey.--The project for shore
protection and ecosystem restoration, Delaware Bay coastline,
Delaware and New Jersey: Reeds Beach and Pierces Point, New
Jersey, at a total cost of $4,057,000, with an estimated Federal
cost of $2,637,000 and an estimated non-Federal cost of
$1,420,000.
(7) Little talbot island, duval county, florida.--The
project for hurricane and storm damage prevention and shore
protection, Little Talbot Island, Duval County, Florida, at a
total cost of $5,915,000, with an estimated Federal cost of
$3,839,000 and an estimated non-Federal cost of $2,076,000.
(8) Ponce de leon inlet, florida.--The project for
navigation and related purposes, Ponce de Leon Inlet, Volusia
County, Florida, at a total cost of $5,454,000, with an
estimated Federal cost of $2,988,000 and an estimated non-
Federal cost of $2,466,000.
(9) Savannah harbor expansion, georgia.--
(A) In general.--Subject to subparagraph (B), the
project for navigation, Savannah Harbor expansion,
[[Page 113 STAT. 280]]
Georgia, including implementation of the mitigation
plan, with such modifications as the Secretary considers
appropriate, at a total cost of $230,174,000 (of which
amount a portion is authorized for implementation of the
mitigation plan), with an estimated Federal cost of
$145,160,000 and an estimated non-Federal cost of
$85,014,000.
(B) Conditions.--The project authorized by
subparagraph (A) may be carried out only after--
(i) the Secretary, in consultation with
affected Federal, State of Georgia, State of South
Carolina, regional, and local entities, reviews
and approves an environmental impact statement for
the project that includes--
(I) an analysis of the impacts of
project depth alternatives ranging from
42 feet through 48 feet; and
(II) a selected plan for navigation
and an associated mitigation plan as
required under section 906(a) of the
Water Resources Development Act of 1986
(33 U.S.C. 2283(a)); and
(ii) the Secretary of the Interior, the
Secretary of Commerce, the Administrator of the
Environmental Protection Agency, and the Secretary
approve the selected plan and determine that the
associated mitigation plan adequately addresses
the potential environmental impacts of the
project.
(C) Mitigation requirements.--The mitigation plan
shall be implemented before or concurrently with
construction of the project.
(10) Des plaines river, illinois.--The project for flood
control, Des Plaines River, Illinois, at a total cost of
$48,800,000 with an estimated Federal cost of $31,700,000 and an
estimated non-Federal cost of $17,100,000.
(11) Reelfoot lake, kentucky and tennessee.--The project for
ecosystem restoration, Reelfoot Lake, Kentucky and Tennessee, at
a total cost of $35,287,000, with an estimated Federal cost of
$23,601,000 and an estimated non-Federal cost of $11,686,000.
(12) Brigantine inlet to great egg harbor, brigantine
island, new jersey.--The project for hurricane and storm damage
reduction and shore protection, Brigantine Inlet to Great Egg
Harbor, Brigantine Island, New Jersey, at a total cost of
$4,970,000, with an estimated Federal cost of $3,230,000 and an
estimated non-Federal cost of $1,740,000, and at an estimated
average annual cost of $465,000 for periodic nourishment over
the 50-year life of the project, with an estimated annual
Federal cost of $302,000 and an estimated annual non-Federal
cost of $163,000.
(13) Columbia river channel, oregon and washington.--The
project for navigation, Columbia River Channel, Oregon and
Washington, at a total cost of $183,623,000, with an estimated
Federal cost of $106,132,000 and an estimated non-Federal cost
of $77,491,000.
(14) Johnson creek, arlington, texas.--The project for flood
damage reduction, environmental restoration, and recreation,
Johnson Creek, Arlington, Texas, at a total cost of
[[Page 113 STAT. 281]]
$20,300,000, with an estimated Federal cost of $12,000,000 and
an estimated non-Federal cost of $8,300,000.
(15) Howard hanson dam, washington.--The project for water
supply and ecosystem restoration, Howard Hanson Dam, Washington,
at a total cost of $75,600,000, with an estimated Federal cost
of $36,900,000 and an estimated non-Federal cost of $38,700,000.
SEC. 102. SMALL FLOOD CONTROL PROJECTS.
(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) Eyak river, cordova, alaska.--Project for flood damage
reduction, Eyak River, Cordova, Alaska.
(2) Salcha river and piledriver slough, fairbanks, alaska.--
Project for flood damage reduction to protect against surface
water flooding, lower Salcha River and Piledriver Slough from
its headwaters at the mouth of the Salcha River to the Chena
Lakes Flood Control Project, Fairbanks, Alaska.
(3) Lancaster, california.--Project for flood control,
Lancaster, California, westside stormwater retention facility.
(4) Magpie creek, california.--Project for flood control,
Magpie Creek, California, located within the boundaries of
McClellan Air Force Base.
(5) Gateway triangle area, florida.--Project for flood
control, Gateway Triangle area, Collier County, Florida.
(6) Plant city, florida.--Project for flood control, Plant
City, Florida.
(7) Stone island, lake monroe, florida.--Project for flood
control, Stone Island, Lake Monroe, Florida.
(8) Ohio river, illinois.--Project for flood control, Ohio
River, Illinois.
(9) Hamilton dam, michigan.--Project for flood control,
Hamilton Dam, Michigan.
(10) Repaupo creek and delaware river, gloucester county,
new jersey.--Project for tidegate and levee improvements for
Repaupo Creek and the Delaware River, Gloucester County, New
Jersey.
(11) Irondequoit creek, new york.--Project for flood
control, Irondequoit Creek watershed, New York.
(12) Owasco lake seawall, new york.--Project for flood
control, Owasco Lake seawall, New York.
(13) Port clinton, ohio.--Project for flood control, Port
Clinton, Ohio.
(14) Abington township, pennsylvania.--Project for flood
control, Baeder and Wanamaker Roads, Abington Township,
Pennsylvania.
(15) Port indian, west norriton township, montgomery county,
pennsylvania.--Project for flood control, Port Indian, West
Norriton Township, Montgomery County, Pennsylvania.
(16) Port providence, upper providence township,
pennsylvania.--Project for flood control, Port Providence, Upper
Providence Township, Pennsylvania.
(17) Springfield township, montgomery county,
pennsylvania.--Project for flood control, Springfield Township,
Montgomery County, Pennsylvania.
[[Page 113 STAT. 282]]
(18) Tawney run creek, pennsylvania.--Project for flood
control, Tawney Run Creek, Allegheny County, Pennsylvania.
(19) Wissahickon watershed, pennsylvania.--Project for flood
control, Wissahickon watershed, Philadelphia, Pennsylvania.
(20) Tioga county, pennsylvania.--Project for flood control,
Tioga River and Cowanesque River and their tributaries, Tioga
County, Pennsylvania.
(21) First creek, knoxville, tennessee.--Project for flood
control, First Creek, Knoxville, Tennessee.
(22) Metro center levee, cumberland river, nashville,
tennessee.--Project for flood control, Metro Center Levee,
Cumberland River, Nashville, Tennessee.
(b) Festus and Crystal City, Missouri.--
(1) Maximum federal expenditure.--The maximum amount of
Federal funds that may be expended for the project for flood
control, Festus and Crystal City, Missouri, is $10,000,000.
(2) Revision of project cooperation agreement.--The
Secretary shall revise the project cooperation agreement for the
project described in paragraph (1) to take into account the
change in the Federal participation in the project under
paragraph (1).
SEC. 103. SMALL BANK STABILIZATION PROJECTS.
(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 14 of the Flood
Control Act of 1946 (33 U.S.C. 701r):
(1) Arctic ocean, barrow, alaska.--Project for storm damage
reduction and coastal erosion, Barrow, Alaska.
(2) Saint joseph river, indiana.--Project for streambank
erosion control, Saint Joseph River, Indiana.
(3) Saginaw river, bay city, michigan.--Project for
streambank erosion control, Saginaw River, Bay City, Michigan.
(4) Big timber creek, new jersey.--Project for streambank
erosion control, Big Timber Creek, New Jersey.
(5) Lake shore road, athol springs, new york.--Project for
streambank erosion control, Lake Shore Road, Athol Springs, New
York.
(6) Marist college, poughkeepsie, new york.--Project for
streambank erosion control, Marist College, Poughkeepsie, New
York.
(7) Monroe county, ohio.--Project for streambank erosion
control, Monroe County, Ohio.
(8) Green valley, west virginia.--Project for streambank
erosion control, Green Valley, West Virginia.
(b) Yellowstone River, Billings, Montana.--The streambank protection
project at Coulson Park, along the Yellowstone River, Billings, Montana,
shall be eligible for assistance under section 14 of the Flood Control
Act of 1946 (33 U.S.C. 701r).
SEC. 104. SMALL NAVIGATION PROJECTS.
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).
[[Page 113 STAT. 283]]
(1) Grand marais, arkansas.--Project for navigation, Grand
Marais, Arkansas.
(2) Fields landing channel, humboldt harbor, california.--
Project for navigation, Fields Landing Channel, Humboldt Harbor,
California.
(3) San mateo (pillar point harbor), california.--Project
for navigation, San Mateo (Pillar Point Harbor), California.
(4) Agana marina, guam.--Project for navigation, Agana
Marina, Guam.
(5) Agat marina, guam.--Project for navigation, Agat Marina,
Guam.
(6) Apra harbor fuel piers, guam.--Project for navigation,
Apra Harbor Fuel Piers, Guam.
(7) Apra harbor pier f-6, guam.--Project for navigation,
Apra Harbor Pier F-6, Guam.
(8) Apra harbor seawall, guam.--Project for navigation
including a seawall, Apra Harbor, Guam.
(9) Guam harbor, guam.--Project for navigation, Guam Harbor,
Guam.
(10) Illinois river near chautauqua park, illinois.--Project
for navigation, Illinois River near Chautauqua Park, Illinois.
(11) Whiting shoreline waterfront, whiting, indiana.--
Project for navigation, Whiting shoreline waterfront, Whiting,
Indiana.
(12) Union river, ellsworth, maine.--Project for navigation,
Union River, Ellsworth, Maine.
(13) Naraguagus river, machias, maine.--Project for
navigation, Naraguagus River, Machias, Maine.
(14) Detroit river, michigan.--Project for navigation,
Detroit River, Michigan, including dredging and removal of a
reef.
(15) Fortescue inlet, delaware bay, new jersey.--Project for
navigation, Fortescue Inlet, Delaware Bay, New Jersey.
(16) Braddock bay, greece, new york.--Project for
navigation, Braddock Bay, Greece, New York.
(17) Buffalo and lasalle park, new york.--Project for
navigation, Buffalo and LaSalle Park, New York.
(18) Sturgeon point, new york.--Project for navigation,
Sturgeon Point, New York.
(19) Fairport harbor, ohio.--Project for navigation,
Fairport Harbor, Ohio, including a recreation channel.
SEC. 105. SMALL PROJECTS FOR IMPROVEMENT OF THE QUALITY OF THE
ENVIRONMENT.
(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 1135(a) of the
Water Reseources Development Act of 1986 (33 U.S.C. 2309a(a):
(1) Illinois river in the vicinity of havana, illinois.--
Project for improvement of the quality of the environment,
Illinois River in the vicinity of Havana, Illinois.
(2) Knitting mill creek, virginia.--Project for improvement
of the quality of the environment, Knitting Mill Creek,
Virginia.
[[Page 113 STAT. 284]]
(b) Pine Flat Dam, Kings River, California.--Under authority of
section 1135(a) of the Water Resources Development Act of 1986 (33
U.S.C. 2309a(a)), the Secretary shall carry out a project to construct a
turbine bypass at Pine Flat Dam, Kings River, California, in accordance
with the project modification report and environmental assessment dated
September 1996.
SEC. 106. SMALL AQUATIC ECOSYSTEM RESTORATION PROJECTS.
The Secretary is authorized to carry out the following projects
under section 206 of the Water Resources Development Act of 1996 (33
U.S.C. 2330):
(1) Contra costa county, bay delta, california.--Project for
aquatic ecosystem restoration, Contra Costa County, Bay Delta,
California.
(2) Indian river, florida.--Project for aquatic ecosystem
restoration and lagoon restoration, Indian River, Florida.
(3) Little wekiva river, florida.--Project for aquatic
ecosystem restoration and erosion control, Little Wekiva River,
Florida.
(4) Cook county, illinois.--Project for aquatic ecosystem
restoration and lagoon restoration and protection, Cook County,
Illinois.
(5) Grand batture island, mississippi.--Project for aquatic
ecosystem restoration, Grand Batture Island, Mississippi.
(6) Hancock, harrison, and jackson counties, mississippi.--
Project for aquatic ecosystem restoration and reef restoration
along the Gulf Coast, Hancock, Harrison, and Jackson Counties,
Mississippi.
(7) Mississippi river and river des peres, st. louis,
missouri.--Project for aquatic ecosystem restoration and
recreation, Mississippi River and River Des Peres, St. Louis,
Missouri.
(8) Hudson river, new york.--Project for aquatic ecosystem
restoration, Hudson River, New York.
(9) Oneida lake, new york.--Project for aquatic ecosystem
restoration, Oneida Lake, Oneida County, New York.
(10) Otsego lake, new york.--Project for aquatic ecosystem
restoration, Otsego Lake, Otsego County, New York.
(11) North fork of yellow creek, ohio.--Project for aquatic
ecosystem restoration, North Fork of Yellow Creek, Ohio.
(12) Wheeling creek watershed, ohio.--Project for aquatic
ecosystem restoration, Wheeling Creek watershed, Ohio.
(13) Springfield millrace, oregon.--Project for aquatic
ecosystem restoration, Springfield Millrace, Oregon.
(14) Upper amazon creek, oregon.--Project for aquatic
ecosystem restoration, Upper Amazon Creek, Oregon.
(15) Lake ontelaunee reservoir, berks county,
pennsylvania.--Project for aquatic ecosystem restoration and
distilling pond facilities, Lake Ontelaunee Reservoir, Berks
County, Pennsylvania.
(16) Blackstone river basin, rhode island and
massachusetts.--Project for aquatic ecosystem restoration and
fish passage facilities, Blackstone River Basin, Rhode Island
and Massachusetts.
[[Page 113 STAT. 285]]
TITLE II--GENERAL PROVISIONS
SEC. 201. SMALL FLOOD CONTROL AUTHORITY.
Section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s) is
amended--
(1) in the first sentence, by striking ``construction of
small projects'' and inserting ``implementation of small
structural and nonstructural projects''; and
(2) in the third sentence, by striking ``$5,000,000'' and
inserting ``$7,000,000''.
SEC. 202. USE OF NON-FEDERAL FUNDS FOR COMPILING AND DISSEMINATING
INFORMATION ON FLOODS AND FLOOD DAMAGE.
Section 206(b) of the Flood Control Act of 1960 (33 U.S.C. 709a(b))
is amended in the third sentence by inserting before the period at the
end the following: ``, but the Secretary of the Army may accept funds
voluntarily contributed by such entities for the purpose of expanding
the scope of the services requested by the entities''.
SEC. 203. CONTRIBUTIONS BY STATES AND POLITICAL SUBDIVISIONS.
Section 5 of the Act of June 22, 1936 (33 U.S.C. 701h), is amended
by inserting ``or environmental restoration'' after ``flood control''.
SEC. 204. SEDIMENT DECONTAMINATION TECHNOLOGY.
Section 405 of the Water Resources Development Act of 1992 (33
U.S.C. 2239 note; Public Law 102-580) is amended--
(1) in subsection (a), by adding at the end the following:
``(4) Practical end-use products.--Technologies selected for
demonstration at the pilot scale shall be intended to result in
practical end-use products.
``(5) Assistance by the secretary.--The Secretary shall
assist the project to ensure expeditious completion by providing
sufficient quantities of contaminated dredged material to
conduct the full-scale demonstrations to stated capacity.'';
(2) in subsection (c), by striking the first sentence and
inserting the following: <<NOTE: Appropriation
authorization.>> ``There is authorized to be appropriated to
carry out this section $22,000,000 to complete technology
testing, technology commercialization, and the development of
full scale processing facilities within the New York/New Jersey
Harbor.''; and
(3) by adding at the end the following:
``(e) Support.--In carrying out the program under this section, the
Secretary is encouraged to use contracts, cooperative agreements, and
grants with colleges and universities and other non-Federal entities.''.
SEC. 205. CONTROL OF AQUATIC PLANTS.
Section 104 of the River and Harbor Act of 1958 (33 U.S.C. 610) is
amended--
(1) in the first sentence of subsection (a), by striking
``water-hyacinth, alligatorweed, Eurasian water milfoil,
melaleuca, and other obnoxious aquatic plant growths, from'' and
inserting ``noxious aquatic plant growths from'';
[[Page 113 STAT. 286]]
(2) in the first sentence of subsection (b), by striking
``$12,000,000'' and inserting ``$15,000,000''; and
(3) by adding at the end the following:
``(c) Support.--In carrying out the program under this section, the
Secretary is encouraged to use contracts, cooperative agreements, and
grants with colleges and universities and other non-Federal entities.''.
SEC. 206. USE <<NOTE: 33 USC 2331.>> OF CONTINUING CONTRACTS FOR
CONSTRUCTION OF CERTAIN PROJECTS.
(a) In General.--Notwithstanding any other provision of law, the
Secretary shall not implement a fully allocated funding policy with
respect to a water resource project if initiation of construction has
occurred but sufficient funds are not available to complete the project.
(b) Continuing Contracts.--The Secretary shall enter into a
continuing contract for a project described in subsection (a).
(c) Initiation of Construction Clarified.--For the purposes of this
section, initiation of construction for a project occurs on the date of
enactment of an Act that appropriates funds for the project from 1 of
the following appropriation accounts:
(1) Construction, General.
(2) Operation and Maintenance, General.
(3) Flood Control, Mississippi River and Tributaries.
SEC. 207. WATER RESOURCES DEVELOPMENT STUDIES FOR THE PACIFIC
REGION.
Section 444 of the Water Resources Development Act of 1996 (110
Stat. 3747) is amended by striking ``interest of navigation'' and
inserting ``interests of water resources development including
navigation, flood damage reduction, and environmental restoration''.
SEC. 208. EVERGLADES AND SOUTH FLORIDA ECOSYSTEM RESTORATION.
(a) Extension of Program.--Section 528(b)(3) of the Water Resources
Development Act of 1996 is amended--
(1) in subparagraph (B) (110 Stat. 3769), by striking
``1999'' and inserting ``2003''; and
(2) in subparagraph (C)(i) (110 Stat. 3769), by striking
``1999'' and inserting ``2003''.
(b) Credit and Reimbursement of Past and Future Activities.--Section
528(b)(3) of the Water Resources Development Act of 1996 (110 Stat.
3768) is amended by adding at the end the following:
``(D) Credit and reimbursement of past and future
activities.--The Secretary may provide credit to or
reimburse the non-Federal project sponsor (using funds
authorized by subparagraph (C)) for the reasonable costs
of any work that has been performed or will be performed
in connection with a study or activity meeting the
requirements of subparagraph (A) if--
``(i) the Secretary determines that--
``(I) the work performed by the non-
Federal project sponsor will
substantially expedite completion of a
critical restoration project; and
``(II) the work is necessary for a
critical restoration project; and
[[Page 113 STAT. 287]]
``(ii) the credit or reimbursement is granted
pursuant to a project-specific agreement that
prescribes the terms and conditions of the credit
or reimbursement.''.
(c) Caloosahatchee River Basin, Florida.--Section 528(e)(4) of the
Water Resources Development Act of 1996 (110 Stat. 3770) is amended in
the first sentence by inserting before the period at the end the
following: ``if the Secretary determines that the acquisition is
compatible with and an integral component of the Everglades and South
Florida ecosystem restoration, including potential acquisition of land
or interests in land in the Caloosahatchee River basin or other areas''.
(d) In-Kind Work.--Section 528(e)(4) of the Water Resources
Development Act of 1996 (110 Stat. 3770) is amended--
(1) by striking ``Regardless'' and inserting the following:
``(1) Land acquisition.--Regardless''; and
(2) by adding at the end the following:
``(2) In-kind work.--
``(A) In general.--During the preconstruction,
engineering, and design phase and the construction phase
of the Central and Southern Florida Project, the
Secretary shall allow credit against the non-Federal
share of the cost of activities described in subsection
(b) for work performed by non-Federal interests at the
request of the Secretary in furtherance of the design of
features included in the comprehensive plan under that
subsection.
``(B) Audits.--In-kind work to be credited under
subparagraph (A) shall be subject to audit.''.
SEC. 209. BENEFICIAL USES OF DREDGED MATERIAL.
Section 204 of the Water Resources Development Act of 1992 (33
U.S.C. 2326) is amended--
(1) in subsection (c), by striking ``cooperative agreement
in accordance with the requirements of section 221 of the Flood
Control Act of 1970'' and inserting ``binding agreement with the
Secretary''; and
(2) 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 interest may include a nonprofit
entity, with the consent of the affected local government.''.
SEC. 210. AQUATIC ECOSYSTEM RESTORATION.
Section 206 of the Water Resources Development Act of 1996 (33
U.S.C. 2330) is amended--
(1) in subsection (b)--
(A) by striking ``Non-Federal'' and inserting the
following:
``(1) In general.--Non-Federal''; and
(B) by adding at the end the following:
``(2) Form.--Before October 1, 2003, the Federal share of
the cost of a project under this section may be provided in the
form of reimbursements of project costs.''; and
(2) in subsection (c)--
(A) by striking ``Construction'' and inserting the
following:
``(1) In general.--Construction''; and
(B) by adding at the end the following:
[[Page 113 STAT. 288]]
``(2) 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.''.
SEC. 211. WATERSHED MANAGEMENT, RESTORATION, AND DEVELOPMENT.
Section 503 of the Water Resources Development Act of 1996 (110
Stat. 3756) is amended--
(1) in subsection (d)--
(A) by striking paragraph (10) and inserting the
following:
``(10) Regional Atlanta watershed, Atlanta, Georgia, and
Lake Lanier, Forsyth and Hall Counties, Georgia.''; and
(B) by adding at the end the following:
``(14) Clear Lake watershed, California.
``(15) Fresno Slough watershed, California.
``(16) Hayward Marsh, Southern San Francisco Bay watershed,
California.
``(17) Kaweah River watershed, California.
``(18) Lake Tahoe watershed, California and Nevada.
``(19) Malibu Creek watershed, California.
``(20) Lower St. Johns River basin, Florida.
``(21) Illinois River watershed, Illinois.
``(22) Truckee River basin, Nevada.
``(23) Walker River basin, Nevada.
``(24) Bronx River watershed, New York.
``(25) Catawba River watershed, North Carolina.
``(26) Columbia Slough watershed, Oregon.
``(27) Cabin Creek basin, West Virginia.'';
(2) by redesignating subsection (e) as subsection (f); and
(3) by inserting after subsection (d) the following:
``(e) Nonprofit Entities.--Notwithstanding section 221(b) of the
Flood Control Act of 1970 (42 U.S.C. 1962d-5b(b)), for any project
undertaken under this section, a non-Federal interest may include a
nonprofit entity, with the consent of the affected local government.''.
SEC. 212. FLOOD MITIGATION AND RIVERINE RESTORATION <<NOTE: 33 USC
2332.>> PROGRAM.
(a) In General.--The Secretary may undertake a program for the
purpose of conducting projects to reduce flood hazards and restore the
natural functions and values of rivers throughout the United States.
(b) Studies and Projects.--
(1) Authority.--In carrying out the program, the Secretary
may conduct studies to identify appropriate flood damage
reduction, conservation, and restoration measures and may design
and implement projects described in subsection (a).
(2) Consultation and coordination.--The studies and projects
carried out under this section shall be conducted, to the
maximum extent practicable, in consultation and coordination
with the Federal Emergency Management Agency and other
appropriate Federal agencies, and in consultation and
coordination with appropriate State and local agencies and
tribes.
(3) Nonstructural approaches.--The studies and projects
shall emphasize, to the maximum extent practicable
[[Page 113 STAT. 289]]
and appropriate, nonstructural approaches to preventing or
reducing flood damages.
(4) Participation.--The studies and projects shall be
conducted, to the maximum extent practicable, in cooperation
with State and local agencies and tribes to ensure the
coordination of local flood damage reduction or riverine and
wetland restoration studies with projects that conserve,
restore, and manage hydrologic and hydraulic regimes and restore
the natural functions and values of floodplains.
(c) 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) Environmental restoration and nonstructural flood
control projects.--
(A) In general.--The non-Federal interests shall pay
35 percent of the cost of any environmental restoration
or nonstructural flood control project carried out under
this section.
(B) Items provided by non-federal interests.--The
non-Federal interests shall provide all land, easements,
rights-of-way, dredged material disposal areas, and
relocations necessary for such projects.
(C) Credit.--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.
(3) Structural flood control projects.--Any structural flood
control projects carried out under this section shall be subject
to cost sharing in accordance with section 103(a) of the Water
Resources Development Act of 1986 (33 U.S.C. 2213(a)).
(4) 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.
(d) Project Justification.--
(1) In general.--Notwithstanding any other provision of law
or requirement for economic justification established under
section 209 of the Flood Control Act of 1970 (42 U.S.C. 1962-2),
the Secretary may implement a project under this section if the
Secretary determines that the project--
(A) will significantly reduce potential flood
damages;
(B) will improve the quality of the environment; and
(C) is justified considering all costs and
beneficial outputs of the project.
(2) Establishment of selection and rating criteria and
policies.--
(A) In general.--Not <<NOTE: Deadline.>> later than
180 days after the date of enactment of this Act, the
Secretary, in cooperation with State and local agencies
and tribes, shall--
(i) develop, and submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment
and Public Works of the Senate, criteria for
selecting and rating projects to be carried out
under this section; and
[[Page 113 STAT. 290]]
(ii) establish policies and procedures for
carrying out the studies and projects undertaken
under this section.
(B) Criteria.--The criteria referred to in
subparagraph (A)(i) shall include, as a priority, the
extent to which the appropriate State government
supports the project.
(e) Priority Areas.--In carrying out this section, the Secretary
shall examine appropriate locations, including--
(1) Pima County, Arizona, at Paseo De Las Iglesias and
Rillito River;
(2) Coachella Valley, Riverside County, California;
(3) Los Angeles and San Gabriel Rivers, California;
(4) Murrieta Creek, California;
(5) Napa River Valley watershed, California, at Yountville,
St. Helena, Calistoga, and American Canyon;
(6) Santa Clara basin, California, at Upper Guadalupe River
and Tributaries, San Francisquito Creek, and Upper Penitencia
Creek;
(7) Pond Creek, Kentucky;
(8) Red River of the North, Minnesota, North Dakota, and
South Dakota;
(9) Connecticut River, New Hampshire;
(10) Pine Mount Creek, New Jersey;
(11) Southwest Valley, Albuquerque, New Mexico;
(12) Upper Delaware River, New York;
(13) Briar Creek, North Carolina;
(14) Chagrin River, Ohio;
(15) Mill Creek, Cincinnati, Ohio;
(16) Tillamook County, Oregon;
(17) Willamette River basin, Oregon;
(18) Blair County, Pennsylvania, at Altoona and Frankstown
Township;
(19) Delaware River, Pennsylvania;
(20) Schuylkill River, Pennsylvania;
(21) Providence County, Rhode Island;
(22) Shenandoah River, Virginia; and
(23) Lincoln Creek, Wisconsin.
(f) Program Review.--
(1) In general.--The program established under this section
shall be subject to an independent review to evaluate the
efficacy of the program in achieving the dual goals of flood
hazard mitigation and riverine restoration.
(2) Report.--Not <<NOTE: Deadline.>> later than April 15,
2003, the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate a report on the findings of the review
conducted under this subsection with any recommendations
concerning continuation of the program.
(g) Maximum Federal Cost per Project.--Not more than $30,000,000 may
be expended by the United States on any single project under this
section.
(h) Procedure.--
(1) All projects.--The Secretary shall not implement any
project under this section until--
[[Page 113 STAT. 291]]
(A) the <<NOTE: Notification.>> Secretary submits to
the Committee on Environment and Public Works of the
Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a written
notification describing the project and the
determinations made under subsection (d)(1); and
(B) 21 calendar days have elapsed after the date on
which the notification was received by the committees.
(2) Projects exceeding $15,000,000.--
(A) Limitation on appropriations.--No appropriation
shall be made to construct any project under this
section the total Federal cost of construction of which
exceeds $15,000,000 if 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.
(B) Report.--For the purpose of securing
consideration of approval under this paragraph, the
Secretary shall submit a report on the proposed project,
including all relevant data and information on all
costs.
(i) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
carry out this section--
(A) $20,000,000 for fiscal year 2001;
(B) $30,000,000 for fiscal year 2002; and
(C) $50,000,000 for each of fiscal years 2003
through 2005.
(2) Full funding.--All studies and projects carried out
under this section from Army Civil Works appropriations shall be
fully funded within the program funding levels provided in this
subsection.
SEC. 213. <<NOTE: 33 USC 426e note.>> SHORE MANAGEMENT PROGRAM.
(a) Review.--The Secretary shall review the implementation of the
Corps of Engineers shore management program, with particular attention
to--
(1) inconsistencies in implementation among the divisions
and districts of the Corps of Engineers; and
(2) complaints by or potential inequities regarding property
owners in the Savannah District, including an accounting of the
number and disposition of complaints in the Savannah District
during the 5-year period preceding the date of enactment of this
Act.
(b) Report.--As expeditiously as practicable, but not later than 1
year after the date of enactment of this Act, the Secretary shall submit
to the Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public Works of the
Senate a report describing the results of the review under subsection
(a).
SEC. 214. SHORE DAMAGE PREVENTION OR MITIGATION.
Section 111 of the River and Harbor Act of 1968 (33 U.S.C. 426i) is
amended--
(1) in the first sentence--
(A) by striking ``The Secretary'' and inserting
``(a) In General.--The Secretary''; and
[[Page 113 STAT. 292]]
(B) by inserting after ``navigation works'' the
following: ``and shore damage attributable to the
Atlantic Intracoastal Waterway and the Gulf Intracoastal
Waterway'';
(2) in the second sentence, by striking ``The costs'' and
inserting the following:
``(b) Cost Sharing.--The costs'';
(3) in the third sentence--
(A) by striking ``No such'' and inserting the
following:
``(c) Requirement for Specific Authorization.--No such''; and
(B) by striking ``$2,000,000'' and inserting
``$5,000,000''; and
(4) by adding at the end the following:
``(d) Coordination.--The Secretary shall--
``(1) coordinate the implementation of the measures under
this section with other Federal and non-Federal shore protection
projects in the same geographic area; and
``(2) to the extent practicable, combine mitigation projects
with other shore protection projects in the same area into a
comprehensive regional project.''.
SEC. 215. SHORE PROTECTION.
(a) Periodic Nourishment.--Section 103(d) of the Water Resources
Development Act of 1986 (33 U.S.C. 2213(d)) is amended--
(1) by striking ``Costs of constructing'' and inserting the
following:
``(1) Construction.--Costs of constructing''; and
(2) by adding at the end the following:
``(2) Periodic nourishment.--
``(A) In general.--In the case of a project
authorized for construction after December 31, 1999, or
for which a feasibility study is completed after that
date, the non-Federal cost of the periodic nourishment
of the project, or any measure for shore protection or
beach erosion control for the project, that is carried
out--
``(i) after January 1, 2001, shall be 40
percent;
``(ii) after January 1, 2002, shall be 45
percent; and
``(iii) after January 1, 2003, shall be 50
percent.
``(B) Benefits to privately owned shores.--All costs
assigned to benefits of periodic nourishment projects or
measures to privately owned shores (where use of such
shores is limited to private interests) or to prevention
of losses of private land shall be borne by the non-
Federal interest.
``(C) Benefits to federally owned shores.--All costs
assigned to the protection of federally owned shores for
periodic nourishment measures shall be borne by the
United States.''.
(b) Outer Continental Shelf.--
(1) Use of sand from outer continental shelf.--Section
8(k)(2)(B) of the Outer Continental Shelf Lands Act (43 U.S.C.
1337(k)(2)(B)) is amended in the second sentence by striking
``an agency of the Federal Government'' and inserting ``a
Federal, State, or local government agency''.
[[Page 113 STAT. 293]]
(2) Reimbursement of local interests.--Any amounts paid by
non-Federal interests for beach erosion control, hurricane
protection, shore protection, or storm damage reduction projects
as a result of an assessment under section 8(k) of the Outer
Continental Shelf Lands Act (43 U.S.C. 1337(k)) shall be fully
reimbursed.
(c) Report <<NOTE: 33 USC 426e note.>> on Shores of the United
States.--
(1) In general.--Not <<NOTE: Deadline.>> later than 3 years
after the date of enactment of this Act, the Secretary shall
report to Congress on the state of the shores of the United
States.
(2) Contents.--The report shall include--
(A) a description of--
(i) the extent of, and economic and
environmental effects caused by, erosion and
accretion along the shores of the United States;
and
(ii) the causes of such erosion and accretion;
(B) a description of resources committed by Federal,
State, and local governments to restore and renourish
shores;
(C) a description of the systematic movement of sand
along the shores of the United States; and
(D) recommendations regarding--
(i) appropriate levels of Federal and non-
Federal participation in shore protection; and
(ii) use of a systems approach to sand
management.
(3) Use of specific location data.--In developing the
report, the Secretary shall use data from specific locations on
the coasts of the Atlantic Ocean, Pacific Ocean, Great Lakes,
and Gulf of Mexico.
(d) National <<NOTE: 33 USC 426i-2.>> Coastal Data Bank.--
(1) Establishment of data <<NOTE: Deadline.>> bank.--Not
later than 2 years after the date of enactment of this Act, the
Secretary shall establish a national coastal data bank
containing data on the geophysical and climatological
characteristics of the shores of the United States.
(2) Content.--To the extent practicable, the national
coastal data bank shall include data regarding current and
predicted shore positions, information on federally authorized
shore protection projects, and data on the movement of sand
along the shores of the United States, including impediments to
such movement caused by natural and manmade features.
(3) Access.--The national coastal data bank shall be made
readily accessible to the public.
SEC. 216. FLOOD PREVENTION COORDINATION.
Section 206 of the Flood Control Act of 1960 (33 U.S.C. 709a) is
amended--
(1) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(2) by inserting after subsection (a) the following:
``(b) Flood Prevention Coordination.--The Secretary shall coordinate
with the Director of the Federal Emergency Management Agency and the
heads of other Federal agencies to ensure that flood control projects
and plans are complementary and integrated to the extent practicable and
appropriate.''.
[[Page 113 STAT. 294]]
SEC. 217. DISPOSAL OF DREDGED MATERIAL ON BEACHES.
(a) In General.--Section 145 of the Water Resources Development Act
of 1976 (33 U.S.C. 426j) is amended in the first sentence by striking
``50'' and inserting ``35''.
(b) Great Lakes <<NOTE: 33 USC 426j note.>> Basin.--The Secretary
shall work with the State of Ohio, other Great Lakes States, and
political subdivisions of the States to fully implement and maximize
beneficial reuse of dredged material as provided under section 145 of
the Water Resources Development Act of 1976 (33 U.S.C. 426j).
(c) Bolivar Peninsula, Jefferson, Chambers, and Galveston Counties,
Texas.--The Secretary may design and construct a shore protection
project between the south jetty of the Sabine Pass Channel and the north
jetty of the Galveston Harbor Entrance Channel in Jefferson, Chambers,
and Galveston Counties, Texas, including beneficial use of dredged
material from Federal navigation projects as provided under section 145
of the Water Resources Development Act of 1976 (33 U.S.C. 426j).
(d) Galveston Beach, Galveston County, Texas.--The Secretary may
design and construct a shore protection project between the Galveston
South Jetty and San Luis Pass, Galveston County, Texas, using innovative
nourishment techniques, including beneficial use of dredged material
from Federal navigation projects as provided under section 145 of the
Water Resources Development Act of 1976 (33 U.S.C. 426j).
(e) Rollover Pass, Galveston County, Texas.--The Secretary may place
dredged material from the Gulf Intracoastal Waterway on the beaches
along Rollover Pass, Galveston County, Texas, to stabilize beach erosion
as provided under section 145 of the Water Resources Development Act of
1976 (33 U.S.C. 426j).
SEC. 218. ANNUAL PASSES FOR RECREATION.
Section 208(c)(4) of the Water Resources Development Act of 1996 (16
U.S.C. 460d-3 note; 110 Stat. 3681) is amended by striking ``later of
December 31, 1999, or the date of transmittal of the report under
paragraph (3)'' and inserting ``December 31, 2003''.
SEC. 219. NONSTRUCTURAL FLOOD CONTROL PROJECTS.
(a) Analysis of Benefits.--Section 308 of the Water Resources
Development Act of 1990 (33 U.S.C. 2318) is amended--
(1) in the heading of subsection (a), by inserting
``Exclusion of Elements From'' before ``Benefit-Cost'';
(2) by redesignating subsections (b) through (e) as
subsections (c) through (f), respectively;
(3) by inserting after subsection (a) the following:
``(b) Flood Damage Reduction Benefits.--
``(1) In general.--In calculating the benefits of a proposed
project for nonstructural flood damage reduction, the Secretary
shall calculate the benefits of the nonstructural project using
methods similar to those used for calculating the benefits of
structural projects, including similar treatment in calculating
the benefits from losses avoided.
``(2) Avoidance of double counting.--In carrying out
paragraph (1), the Secretary should avoid double counting of
benefits.''; and
(4) in subsection (d), by striking ``subsection (b)'' and
inserting ``subsection (c)''.
[[Page 113 STAT. 295]]
(b) Reevaluation <<NOTE: 33 USC 2318 note.>> of Flood Control
Projects.--At the request of a non-Federal interest for a flood control
project, the Secretary shall conduct a reevaluation of a project
authorized before the date of enactment of this Act to consider
nonstructural alternatives in light of the amendments made by subsection
(a).
(c) Cost Sharing.--Section 103(b) of the Water Resources Development
Act of 1986 (33 U.S.C. 2213(b)) is amended--
(1) by striking ``The non-Federal'' and inserting the
following:
``(1) In general.--The non-Federal''; and
(2) by adding at the end the following:
``(2) Non-federal contribution in excess of 35 percent.--At
any time during construction of a project, if the Secretary
determines that the costs of land, easements, rights-of-way,
dredged material disposal areas, and relocations for the
project, in combination with other costs contributed by the non-
Federal interests, will exceed 35 percent, any additional costs
for the project (not to exceed 65 percent of the total costs of
the project) shall be a Federal responsibility and shall be
contributed during construction as part of the Federal share.''.
SEC. 220. LAKES PROGRAM.
Section 602(a) of the Water Resources Development Act of 1986 (100
Stat. 4148; 110 Stat. 3758) is amended--
(1) in paragraph (14), by inserting ``and nutrient
monitoring'' after ``growth'';
(2) in paragraph (15), by striking ``and'' at the end;
(3) in paragraph (16), by striking the period at the end and
inserting a semicolon; and
(4) by adding at the end the following:
``(17) Clear Lake, Lake County, California, removal of silt
and aquatic growth and measures to address excessive
sedimentation and high nutrient concentration;
``(18) Flints Pond, Hollis, Hillsborough County, New
Hampshire, removal of silt and aquatic growth and measures to
address excessive sedimentation; and
``(19) Osgood Pond, Milford, Hillsborough County, New
Hampshire, removal of silt and aquatic growth and measures to
address excessive sedimentation.''.
SEC. 221. ENHANCEMENT OF FISH AND WILDLIFE RESOURCES.
Section 906(e) of the Water Resources Development Act of 1986 (33
U.S.C. 2283(e)) is amended by inserting after the second sentence the
following: ``Not more than 80 percent of the non-Federal share of such
first costs may be satisfied through in-kind contributions, including
facilities, supplies, and services that are necessary to carry out the
enhancement project.''.
SEC. 222. PURCHASE <<NOTE: 33 USC 2201 note.>> OF AMERICAN-MADE
EQUIPMENT AND PRODUCTS.
(a) In General.--It is the sense of Congress that, to the extent
practicable, all equipment and products purchased with funds made
available under this Act should be American made.
(b) Notice to Recipients of Assistance.--In providing financial
assistance under this Act, the Secretary, to the greatest extent
practicable, shall provide to each recipient of the assistance a notice
describing the statement made in subsection (a).
[[Page 113 STAT. 296]]
SEC. 223. CONSTRUCTION OF FLOOD CONTROL PROJECTS BY NON-FEDERAL
INTERESTS.
(a) In General.--Section 211(d) of the Water Resources Development
Act of 1996 (33 U.S.C. 701b-13(d)) is amended--
(1) in paragraph (1), by striking ``Any non-Federal interest
that has received from the Secretary pursuant to subsection (b)
or (c)'' and inserting the following:
``(A) Studies and design activities under subsection
(b).--
``(i) In general.--A non-Federal interest may
carry out construction for which studies and
design documents are prepared under subsection (b)
only if the Secretary approves the project for
construction.
``(ii) Criteria for approval.--The Secretary
shall approve a project for construction if the
Secretary determines that the project is
technically sound, economically justified, and
environmentally acceptable and meets the
requirements for obtaining the appropriate permits
required under the authority of the Secretary.
``(iii) No unreasonable withholding of
approval.--The Secretary shall not unreasonably
withhold approval of a project for construction.
``(iv) No effect on regulatory authority.--
Nothing in this subparagraph affects any
regulatory authority of the Secretary.
``(B) Studies and design activities under subsection
(c).--Any non-Federal interest that has received from
the Secretary under subsection (c)''; and
(2) in the first sentence of paragraph (2), by inserting
``(other than paragraph (1)(A))'' after ``this subsection''.
(b) Reimbursement.--
(1) In general.--Section 211(e)(1) of the Water Resources
Development Act of 1996 (33 U.S.C. 701b-13(e)(1)) is amended--
(A) in the matter preceding subparagraph (A), by
inserting after ``constructed pursuant to this section''
the following: ``and provide credit for the non-Federal
share of the project'';
(B) in subparagraph (A), by striking ``and'' at the
end;
(C) in subparagraph (B), by striking the period at
the end and inserting ``; and''; and
(D) by adding at the end the following:
``(C) if the construction work is substantially in
accordance with plans prepared under subsection (b).''.
(2) Special rules.--Section 211(e)(2)(A) of the Water
Resources Development Act of 1996 (33 U.S.C. 701b-13(e)(2)(A))
is amended--
(A) in the subparagraph heading, by inserting ``or
credit'' after ``Reimbursement'';
(B) by striking ``subject to amounts being made
available in advance in appropriations Acts'' and
inserting ``subject to the availability of
appropriations''; and
(C) by inserting after ``the cost of such work'' the
following: ``, or provide credit (depending on the
request of the non-Federal interest) for the non-Federal
share of such work,''.
[[Page 113 STAT. 297]]
(3) Schedule and manner of reimbursements.--Section 211(e)
of the Water Resources Development Act of 1996 (33 U.S.C. 701b-
13(e)) is amended by adding at the end the following:
``(6) Schedule and manner of reimbursement.--
``(A) Budgeting.--The Secretary shall budget and
request appropriations for reimbursements under this
section on a schedule that is consistent with a Federal
construction schedule.
``(B) Commencement of reimbursements.--
Reimbursements under this section may commence on
approval of a project by the Secretary.
``(C) Credit.--At the request of a non-Federal
interest, the Secretary may reimburse the non-Federal
interest by providing credit toward future non-Federal
costs of the project.
``(D) Scheduling.--Nothing in this paragraph affects
the discretion of the President to schedule new
construction starts.''.
SEC. 224. ENVIRONMENTAL DREDGING.
Section 312 of the Water Resources Development Act of 1990 (33
U.S.C. 1272) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``50'' and
inserting ``35''; and
(B) in paragraph (2), by striking ``$20,000,000''
and inserting ``$50,000,000'';
(2) in subsection (d), by striking ``non-Federal
responsibility'' and inserting ``shared as a cost of
construction''; and
(3) in subsection (f), by adding at the end the following:
``(6) Passaic River and Newark Bay, New Jersey.
``(7) Snake Creek, Bixby, Oklahoma.
``(8) Willamette River, Oregon.''.
SEC. 225. <<NOTE: 16 USC 460l-6a note.>> RECREATION USER FEES.
(a) Withholding of Amounts.--
(1) In general.--During fiscal years 1999 through 2002, the
Secretary may withhold from the special account established
under section 4(i)(1)(A) of the Land and Water Conservation Fund
Act of 1965 (16 U.S.C. 460l-6a(i)(1)(A)) 100 percent of the
amount of receipts above a baseline of $34,000,000 per each
fiscal year received from fees imposed at recreation sites under
the administrative jurisdiction of the Department of the Army
under section 4(b) of that Act (16 U.S.C. 460l-6a(b)).
(2) Use.--The amounts withheld shall be retained by the
Secretary and shall be available, without further Act of
appropriation, for expenditure by the Secretary in accordance
with subsection (b).
(3) Availability.--The amounts withheld shall remain
available until September 30, 2005.
(b) Use of Amounts Withheld.--In order to increase the quality of
the visitor experience at public recreational areas and to enhance the
protection of resources, the amounts withheld under subsection (a) may
be used only for--
(1) repair and maintenance projects (including projects
relating to health and safety);
(2) interpretation;
[[Page 113 STAT. 298]]
(3) signage;
(4) habitat or facility enhancement;
(5) resource preservation;
(6) annual operation (including fee collection);
(7) maintenance; and
(8) law enforcement related to public use.
(c) Availability.--Each amount withheld by the Secretary shall be
available for expenditure, without further Act of appropriation, at the
specific project from which the amount, above baseline, is collected.
SEC. 226. SMALL STORM DAMAGE REDUCTION PROJECTS.
Section 3 of the Act of August 13, 1946 (33 U.S.C. 426g), is amended
by striking ``$2,000,000'' and inserting ``$3,000,000''.
SEC. 227. <<NOTE: 31 USC 501 note.>> USE OF PRIVATE ENTERPRISES.
(a) In General.--The Secretary shall comply with the requirements of
the Federal Activities Inventory Reform Act of 1998 (31 U.S.C. 501 note;
Public Law 105-270).
(b) Compliance With Other Law.--
(1) Inventory and review.--In carrying out this section, the
Secretary shall inventory and review all activities that are not
inherently governmental in nature in accordance with the Federal
Activities Inventory Reform Act of 1998.
(2) Architectural and engineering services.--Any review and
conversion by the Secretary to performance by private enterprise
of an architectural or engineering service (including a
surveying or mapping service) shall be carried out in accordance
with title IX of the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 541 et seq.).
TITLE III--PROJECT-RELATED PROVISIONS
SEC. 301. TENNESSEE-TOMBIGBEE WATERWAY WILDLIFE MITIGATION,
ALABAMA AND MISSISSIPPI.
The Tennessee-Tombigbee Waterway Wildlife Mitigation Project,
Alabama and Mississippi, authorized by section 601(a) of the Water
Resources Development Act of 1986 (100 Stat. 4138), is modified to
authorize the Secretary to complete the project at a cost of
$93,530,000, in accordance with the post authorization change report
dated August 17, 1998.
SEC. 302. OUZINKIE HARBOR, ALASKA.
(a) Maximum Federal Expenditure.--The maximum amount of Federal
funds that may be expended for the project for navigation, Ouzinkie
Harbor, Alaska, shall be $8,500,000.
(b) Revision of Project Cooperation Agreement.--The Secretary shall
revise the project cooperation agreement for the project referred to in
subsection (a) to take into account the change in the Federal
participation in the project under subsection (a).
SEC. 303. ST. PAUL HARBOR, ST. PAUL, ALASKA.
The project for navigation, St. Paul Harbor, St. Paul, Alaska,
authorized by section 101(b)(3) of the Water Resources Development Act
of 1996 (110 Stat. 3667), is modified to include the construction of
additional features for a small boat harbor with an entrance
[[Page 113 STAT. 299]]
channel and maneuvering area dredged to a 20-foot depth and appropriate
wave protection features at an additional estimated total cost of
$12,700,000, with an estimated Federal cost of $5,000,000 and an
estimated non-Federal cost of $7,700,000.
SEC. 304. LOGGY BAYOU, RED RIVER BELOW DENISON DAM, ARKANSAS,
LOUISIANA, OKLAHOMA, AND TEXAS.
The project for flood control on the Red River below Denison Dam,
Arkansas, Louisiana, Oklahoma, and Texas, authorized by section 10 of
the Flood Control Act of 1946 (60 Stat. 647), is modified to direct the
Secretary to conduct a study to determine the feasibility of expanding
the project to include mile 0.0 to mile 7.8 of Loggy Bayou between the
Red River and Flat River.
SEC. 305. SACRAMENTO RIVER, GLENN-COLUSA, CALIFORNIA.
(a) In General.--The project for flood control, Sacramento River,
California, authorized by section 2 of the Act entitled ``An Act to
provide for the control of the floods of the Mississippi River and of
the Sacramento River, California, and for other purposes'', approved
March 1, 1917 (39 Stat. 949), and modified by section 102 of the Energy
and Water Development Appropriations Act, 1990 (103 Stat. 649), section
301(b)(3) of the Water Resources Development Act of 1996 (110 Stat.
3110), and title I of the Energy and Water Development Appropriations
Act, 1999 (112 Stat. 1841), is further modified to authorize the
Secretary--
(1) to carry out the portion of the project at Glenn-Colusa,
California, at a total cost of $26,000,000, with an estimated
Federal cost of $20,000,000 and an estimated non-Federal cost of
$6,000,000; and
(2) to carry out bank stabilization work in the riverbed
gradient facility, particularly in the vicinity of River Mile
208, if the Secretary determines that such work is necessary to
protect the overall integrity of the project, on the condition
that additional environmental review of the project is
conducted.
SEC. 306. SAN LORENZO RIVER, CALIFORNIA.
The project for flood control, San Lorenzo River, California,
authorized by section 101(a)(5) of the Water Resources Development Act
of 1996 (110 Stat. 3663), is modified to authorize the Secretary to
include as a part of the project streambank erosion control measures to
be undertaken substantially in accordance with the report entitled
``Bank Stabilization Concept, Laurel Street Extension'', dated April 23,
1998, at a total cost of $4,800,000, with an estimated Federal cost of
$3,100,000 and an estimated non-Federal cost of $1,700,000.
SEC. 307. TERMINUS DAM, KAWEAH RIVER, CALIFORNIA.
(a) Transfer of Title to Additional Land.--If the non-Federal
interests for the project for flood control and water supply, Terminus
Dam, Kaweah River, California, authorized by section 101(b)(5) of the
Water Resources Development Act of 1996 (110 Stat. 3667), transfer to
the Secretary without consideration title to perimeter lands acquired
for the project by the non-Federal interests, the Secretary may accept
the transfer of that title.
(b) Land, Easements, and Rights-of-Way.--Nothing in this section
changes, modifies, or otherwise affects the responsibility of the non-
Federal interests to provide land, easements, rights-
[[Page 113 STAT. 300]]
of-way, relocations, and dredged material disposal areas necessary for
the Terminus Dam project and to perform operation and maintenance for
the project.
(c) Operation and Maintenance.--On request by the non-Federal
interests, the Secretary shall carry out operation, maintenance, repair,
replacement, and rehabilitation of the project if the non-Federal
interests enter into a binding agreement with the Secretary to reimburse
the Secretary for 100 percent of the costs of such operation,
maintenance, repair, replacement, and rehabilitation, and any other
expenses incurred by the Corps of Engineers under this section.
(d) Hold Harmless.--The non-Federal interests shall hold the United
States harmless for ownership, operation, and maintenance of lands and
facilities of the Terminus Dam project title to which is transferred to
the Secretary under this section.
SEC. 308. 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),
is modified as follows:
(1) Credit for engineering and design and construction
management work.--The Secretary may provide the non-Federal
interests credit, toward cash contributions required for
construction and subsequent to construction, for the costs of
engineering and design and construction management work that is
performed by the non-Federal interests and that the Secretary
determines is necessary to implement the project. Any such
credit shall reduce the Philadelphia District's private sector
performance goals for engineering work by the amount of the
credit.
(2) Credit for costs of construction.--The Secretary may
provide the non-Federal interests credit, toward cash
contributions required during construction and subsequent to
construction, for the costs of construction performed by the
non-Federal interests on behalf of the Secretary and that the
Secretary determines is necessary to implement the project.
(3) Payment of disposal or tipping fees.--The Secretary may
enter into an agreement with a non-Federal interest for the
payment of disposal or tipping fees for dredged material from a
Federal project, other than for the construction or operation
and maintenance of the new deepening project as described in the
Limited Reevaluation Report dated May 1997, if the non-Federal
interest has supplied the corresponding disposal capacity.
(4) Disposal area management plan.--The Secretary may enter
into an agreement with a non-Federal interest under which--
(A) the non-Federal interest may carry out or cause
to have carried out on behalf of the Secretary a
disposal area management program for dredged material
disposal areas necessary to construct, operate, and
maintain the project; and
(B) the Secretary shall reimburse the non-Federal
interest for the costs of carrying out the program.
[[Page 113 STAT. 301]]
SEC. 309. POTOMAC RIVER, WASHINGTON, DISTRICT OF COLUMBIA.
The project for flood control, Potomac River, Washington, District
of Columbia, authorized by section 5 of the Act of June 22, 1936 (49
Stat. 1574, chapter 688), and modified by section 301(a)(4) of the Water
Resources Development Act of 1996 (110 Stat. 3707), is modified to
authorize the Secretary to construct the project at a Federal cost of
$5,965,000, in accordance with the post authorization change report
dated June 29, 1998.
SEC. 310. BREVARD COUNTY, FLORIDA.
(a) Study.--Not <<NOTE: Deadline.>> later than 120 days after the
date of enactment of this Act, the Secretary, in cooperation with the
non-Federal interest, shall complete a study of any damage to the
project for shore protection, Brevard County, Florida, authorized by
section 101(b)(7) of the Water Resources Development Act of 1996 (110
Stat. 3667), to determine whether the damage is the result of a Federal
navigation project.
(b) Conditions.--In conducting the study, the Secretary shall use
the services of an independent coastal expert, who shall consider all
relevant studies completed by the Corps of Engineers and the local
sponsor of the project.
(c) Mitigation of Damage.--After completion of the study, the
Secretary shall mitigate any damage to the shore protection project that
is the result of a Federal navigation project. The costs of the
mitigation shall be allocated to the Federal navigation project as
operation and maintenance costs.
SEC. 311. BROWARD COUNTY AND HILLSBORO INLET, FLORIDA.
The project for shore protection, Broward County and Hillsboro
Inlet, Florida, authorized by section 301 of the River and Harbor Act of
1965 (79 Stat. 1090), is modified to authorize the Secretary, on
execution of a contract to construct the project, to reimburse the non-
Federal interest for the Federal share of the cost of preconstruction
planning and design for the project, if the Secretary determines that
the work is compatible with and integral to the project.
SEC. 312. LEE COUNTY, CAPTIVA ISLAND SEGMENT, FLORIDA, PERIODIC
BEACH NOURISHMENT.
(a) In General.--The project for shore protection, Lee County,
Captiva Island segment, Florida, authorized by section 506(b)(3)(A) of
the Water Resources Development Act of 1996 (110 Stat. 3758), is
modified to direct 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).
(b) Decision Document.--The design memorandum approved in 1996 shall
be the decision document supporting continued Federal participation in
cost sharing of the project.
SEC. 313. FORT PIERCE, FLORIDA.
(a) In General.--The project for shore protection and harbor
mitigation, Fort Pierce, Florida, authorized by section 301 of the River
and Harbor Act of 1965 (79 Stat. 1092) and section 506(a)(2) of the
Water Resources Development Act of 1996 (110 Stat. 3757), is modified to
incorporate 1 additional mile into the project in accordance with a
final approved general reevaluation report, at a total cost for initial
nourishment for the entire project of
[[Page 113 STAT. 302]]
$9,128,000, with an estimated Federal cost of $7,073,500 and an
estimated non-Federal cost of $2,054,500, at an average annual cost of
$556,000 for periodic nourishment over the 50-year life of the project,
with an estimated annual Federal cost of $431,000 and an estimated
annual non-Federal cost of $125,000.
(b) Periodic Beach Nourishment.--Periodic beach nourishment is
authorized for the project in accordance with section 506(a)(2) of the
Water Resources Development Act of 1996 (110 Stat. 3757).
SEC. 314. NASSAU COUNTY, FLORIDA.
The project for beach erosion control, Nassau County (Amelia
Island), Florida, authorized by section 3(a)(3) of the Water Resources
Development Act of 1988 (102 Stat. 4013), is modified to authorize the
Secretary to construct the project at a total cost of $17,000,000, with
an estimated Federal cost of $13,300,000 and an estimated non-Federal
cost of $3,700,000, at an average annual cost of $1,177,000 for periodic
nourishment over the 50-year life of the project, with an estimated
annual Federal cost of $807,000 and an estimated annual non-Federal cost
of $370,000.
SEC. 315. MIAMI HARBOR CHANNEL, FLORIDA.
The project for navigation, Miami Harbor Channel, Florida,
authorized by section 101(a)(9) of the Water Resources Development Act
of 1990 (104 Stat. 4606), is modified to include construction of
artificial reefs and related environmental mitigation required by
Federal, State, and local environmental permitting agencies for the
project, if the Secretary determines that the project as modified is
technically sound, environmentally acceptable, and economically
justified.
SEC. 316. ST. AUGUSTINE, ST. JOHNS COUNTY, FLORIDA.
The project for shore protection and storm damage reduction, St.
Augustine, St. Johns County, Florida, authorized by section 501(a) of
the Water Resources Development Act of 1986 (100 Stat. 4133) is modified
to include navigation mitigation as a project purpose and to be carried
out by the Secretary substantially in accordance with the general
reevaluation report dated November 18, 1998, at a total cost of
$17,208,000, with an estimated Federal cost of $13,852,000 and an
estimated non-Federal cost of $3,356,000, and at an estimated average
annual cost of $1,360,000 for periodic nourishment over the 50-year life
of the project, with an estimated annual Federal cost of $1,095,000 and
an estimated annual non-Federal cost of $265,000.
SEC. 317. MILO CREEK, IDAHO.
The Secretary shall reimburse the non-Federal interests for 65
percent of the reasonable costs of flood control for the South Division
Street Segment, Milo Creek Flood Control Project, Idaho, to be
constructed by the State of Idaho as described in the provision entitled
``Add Alternative I'' in the Milo Creek Phase II plans and
specifications dated April 1999.
SEC. 318. LAKE MICHIGAN, ILLINOIS.
(a) In General.--The project for storm damage reduction and shore
protection, Lake Michigan, Illinois, from Wilmette, Illinois, to the
Illinois-Indiana State line, authorized by section 101(a)(12) of the
Water Resources Development Act of 1996 (110 Stat. 3664),
[[Page 113 STAT. 303]]
is modified to provide for reimbursement for additional project work
undertaken by the non-Federal interest.
(b) Credit or Reimbursement.--The Secretary shall credit or
reimburse the non-Federal interest for the Federal share of project
costs incurred by the non-Federal interest in designing, constructing,
or reconstructing reach 2F (700 feet south of Fullerton Avenue and 500
feet north of Fullerton Avenue), reach 3M (Meigs Field), and segments 7
and 8 of reach 4 (43rd Street to 57th Street), if the non-Federal
interest carries out the work in accordance with plans approved by the
Secretary, at an estimated total cost of $83,300,000.
(c) Reimbursement.--The Secretary shall reimburse the non-Federal
interest for the Federal share of project costs incurred by the non-
Federal interest in reconstructing the revetment structures protecting
Solidarity Drive in Chicago, Illinois, before the signing of the project
cooperation agreement, at an estimated total cost of $7,600,000.
SEC. 319. SPRINGFIELD, ILLINOIS.
Section 417 of the Water Resources Development Act of 1996 (110
Stat. 3743) is amended--
(1) by inserting ``(a) In General.--'' before ``The
Secretary''; and
(2) by adding at the end the following:
``(b) Cost Sharing.--The non-Federal share of assistance provided
under this section before, on, or after the date of enactment of this
subsection shall be 50 percent.''.
SEC. 320. OGDEN DUNES, INDIANA.
(a) Study.--The Secretary shall conduct a study of beach erosion in
and around the town of Ogden Dunes, Indiana, to determine whether the
damage is the result of a Federal navigation project.
(b) Mitigation of Damage.--If the Secretary determines that the
damage described in subsection (a) is the result of a Federal navigation
project, the Secretary shall take appropriate measures to mitigate the
damage.
(c) Cost.--The cost of the mitigation shall be allocated to the
Federal navigation project as an operation and maintenance cost.
SEC. 321. SAINT JOSEPH RIVER, SOUTH BEND, INDIANA.
(a) Maximum Total Expenditure.--The maximum total expenditure for
the project for streambank erosion, recreation, and pedestrian access
features, Saint Joseph River, South Bend, Indiana, shall be $7,800,000.
(b) Revision of Project Cooperation Agreement.--The Secretary shall
revise the project cooperation agreement for the project referred to in
subsection (a) to take into account the change in the Federal
participation in the project under subsection (a).
SEC. 322. WHITE RIVER, INDIANA.
The project for flood control, Indianapolis on West Fork of the
White River, Indiana, authorized by section 5 of the Act entitled ``An
Act authorizing the construction of certain public works on rivers and
harbors for flood control, and other purposes'', approved June 22, 1936
(49 Stat. 1586, chapter 688), as modified by section 323 of the Water
Resources Development Act of 1996 (110 Stat. 3716), is modified to
authorize the Secretary to undertake the
[[Page 113 STAT. 304]]
riverfront alterations described in the Central Indianapolis Waterfront
Concept Plan, dated February 1994, for the Canal Development (Upper
Canal feature) and the Beveridge Paper feature, at a total cost not to
exceed $25,000,000, of which $12,500,000 is the estimated Federal cost
and $12,500,000 is the estimated non-Federal cost, except that no such
alterations may be undertaken unless the Secretary determines that the
alterations authorized by this section, in combination with the
alterations undertaken under section 323 of the Water Resources
Development Act of 1996 (110 Stat. 3716), are economically justified.
SEC. 323. DUBUQUE, IOWA.
The project for navigation, Dubuque, Iowa, authorized by section 101
of the River and Harbor Act of 1960 (74 Stat. 482), is modified to
authorize the development of a wetland demonstration area of
approximately 1.5 acres to be developed and operated by the Dubuque
County Historical Society or a successor nonprofit organization.
SEC. 324. LAKE PONTCHARTRAIN, LOUISIANA.
The project for hurricane-flood protection, Lake Pontchartrain,
Louisiana, authorized by section 204 of the Flood Control Act of 1965
(79 Stat. 1077), is modified--
(1) to direct the Secretary to conduct a study to determine
the feasibility of constructing a pump adjacent to each of the 4
proposed drainage structures for the Saint Charles Parish
feature of the project; and
(2) to authorize the Secretary to construct the pumps, with
a Federal cost of 65 percent, if the Secretary determines that
the project as modified is technically sound, environmentally
acceptable, and economically justified.
SEC. 325. LAROSE TO GOLDEN MEADOW, LOUISIANA.
The project for hurricane protection Larose to Golden Meadow,
Louisiana, authorized by section 204 of the Flood Control Act of 1965
(79 Stat. 1077), is modified to authorize the Secretary to convert the
Golden Meadow floodgate into a navigation lock if the Secretary
determines that the conversion is technically feasible, environmentally
acceptable, and economically justified.
SEC. 326. LOUISIANA STATE PENITENTIARY LEVEE, LOUISIANA.
The Secretary may credit against the non-Federal share work
performed in the project area of the Louisiana State Penitentiary Levee,
Mississippi River, Louisiana, authorized by section 401(a) of the Water
Resources Development Act of 1986 (100 Stat. 4117).
SEC. 327. TWELVE-MILE BAYOU, CADDO PARISH, LOUISIANA.
The Red River Below Denison Dam project, authorized by section 10 of
the Flood Control Act of 1946 (60 Stat. 647), is modified to incorporate
the Twelve-Mile Bayou and levee from its confluence with the Red River
and levee approximately 26 miles upstream to the vicinity of Black
Bayou, Caddo Parish, Louisiana.
SEC. 328. WEST BANK OF THE MISSISSIPPI RIVER (EAST OF HARVEY
CANAL), LOUISIANA.
(a) In General.--The project to prevent flood damage and for
hurricane damage reduction, west bank of the Mississippi River (east of
Harvey Canal), Louisiana, authorized by section 401(b) of the Water
Resources Development Act of 1986 (100 Stat. 4128)
[[Page 113 STAT. 305]]
and section 101(a)(17) of the Water Resources Development Act of 1996
(110 Stat. 3665), is modified to direct the Secretary to continue
Federal operation and maintenance of the portion of the project included
in the report of the Chief of Engineers dated May 1, 1995, referred to
as ``Algiers Channel''.
(b) Combination of Projects.--The Secretary shall carry out work
authorized as part of the Westwego to Harvey Canal project, the East of
Harvey Canal project, and the Lake Cataouatche modifications as a single
project, to be known as the ``West Bank and Vicinity, New Orleans,
Louisiana, Hurricane Protection Project'', with a combined total cost of
$280,300,000.
SEC. 329. TOLCHESTER CHANNEL S-TURN, BALTIMORE, MARYLAND.
The project for navigation, Baltimore Harbor and Channels, Maryland,
authorized by section 101 of the River and Harbor Act of 1958 (72 Stat.
297), is modified to direct the Secretary to straighten the Tolchester
Channel S-turn as part of project maintenance.
SEC. 330. SAULT SAINTE MARIE, CHIPPEWA COUNTY, MICHIGAN.
The project for navigation Sault Sainte Marie, Chippewa County,
Michigan, authorized by section 1149 of the Water Resources Development
Act of 1986 (100 Stat. 4254) and modified by section 330 of the Water
Resources Development Act of 1996 (110 Stat. 3717), is further modified
to provide that the amount to be paid by non-Federal interests under
section 101(a) of the Water Resources Development Act of 1986 (33 U.S.C.
2211(a)) and section 330(a) of the Water Resources Development Act of
1996 shall not include any interest payments.
SEC. 331. JACKSON COUNTY, MISSISSIPPI.
The project for environmental infrastructure, Jackson County,
Mississippi, authorized by section 219(c)(5) of the Water Resources
Development Act of 1992 (106 Stat. 4835) and modified by section 504 of
the Water Resources Development Act of 1996 (110 Stat. 3757), is further
modified to direct the Secretary to provide a credit, not to exceed
$5,000,000, toward the non-Federal share of the cost of the project for
the costs incurred by the Jackson County Board of Supervisors since
February 8, 1994, in constructing the project, if the Secretary
determines that the work is compatible with and integral to the project.
SEC. 332. BOIS BRULE DRAINAGE AND LEVEE DISTRICT, MISSOURI.
(a) Maximum Federal Expenditure.--The maximum amount of Federal
funds that may be allocated for the project for flood control, Bois
Brule Drainage and Levee District, Missouri, authorized under section
205 of the Flood Control Act of 1948 (33 U.S.C. 701s), is $15,000,000.
(b) Revision of Project Cooperation Agreement.--The Secretary shall
revise the project cooperation agreement for the project referred to in
subsection (a) to take into account the change in Federal participation
in the project under subsection (a).
(c) Cost Sharing.--Nothing in this section affects any cost-sharing
requirement applicable to the project referred to in subsection (a)
under title I of the Water Resources Development Act of 1986 (33 U.S.C.
2211 et seq.).
[[Page 113 STAT. 306]]
SEC. 333. MERAMEC RIVER BASIN, VALLEY PARK LEVEE, MISSOURI.
The project for flood control, Meramec River Basin, Valley Park
Levee, Missouri, authorized by section 2(h) of the Act entitled ``An Act
to deauthorize several projects within the jurisdiction of the Army
Corps of Engineers'' (Public Law 97-128; 95 Stat. 1682) and modified by
section 1128 of the Water Resources Development Act of 1986 (100 Stat.
4246), is further modified to authorize the Secretary to construct the
project at a maximum Federal expenditure of $35,000,000, if the
Secretary determines that the project as modified is technically sound,
environmentally acceptable, and economically justified.
SEC. 334. MISSOURI RIVER MITIGATION PROJECT, MISSOURI, KANSAS,
IOWA, AND NEBRASKA.
(a) In General.--The project for mitigation of fish and wildlife
losses, Missouri River Bank Stabilization and Navigation Project,
Missouri, Kansas, Iowa, and Nebraska, authorized by section 601(a) of
the Water Resources Development Act of 1986 (100 Stat. 4143) is modified
to increase by 118,650 acres the amount of land and interests in land to
be acquired for the project.
(b) Study.--
(1) In general.--The Secretary, in conjunction with the
States of Missouri, Kansas, Iowa, and Nebraska, shall conduct a
study to determine the cost of restoring, under the authority of
the Missouri River fish and wildlife mitigation project, a total
of 118,650 acres of lost Missouri River fish and wildlife
habitat.
(2) Report.--Not <<NOTE: Deadline.>> later than 180 days
after the date of enactment of this Act, the Secretary shall
report to Congress on the results of the study.
SEC. 335. WOOD RIVER, GRAND ISLAND, NEBRASKA.
The project for flood control, Wood River, Grand Island, Nebraska,
authorized by section 101(a)(19) of the Water Resources Development Act
of 1996 (110 Stat. 3665), is modified to authorize the Secretary to
construct the project substantially in accordance with the report of the
Corps of Engineers dated June 29, 1998, at a total cost of $17,039,000,
with an estimated Federal cost of $9,730,000 and an estimated non-
Federal cost of $7,309,000.
SEC. 336. ABSECON ISLAND, NEW JERSEY.
The project for storm damage reduction and shore protection,
Brigantine Inlet to Great Egg Harbor Inlet, Absecon Island, New Jersey,
authorized by section 101(b)(13) of the Water Resources Development Act
of 1996 (110 Stat. 3668), is modified to provide that if, after October
12, 1996, the non-Federal interests carry out any work associated with
the project that is later recommended by the Chief of Engineers and
approved by the Secretary, the Secretary may provide the non-Federal
interests credit toward the non-Federal share of the cost of the project
in an amount equal to the Federal share of the cost of the work, without
interest.
SEC. 337. NEW YORK HARBOR AND ADJACENT CHANNELS, PORT JERSEY, NEW
JERSEY.
(a) In General.--The project for navigation, New York Harbor and
Adjacent Channels, New York and New Jersey, authorized by section 202(b)
of the Water Resources Development Act of 1986 (100 Stat. 4098), is
further modified to authorize the Secretary
[[Page 113 STAT. 307]]
to construct the portion of the project that is located between Military
Ocean Terminal Bayonne and Global Terminal in Bayonne, New Jersey, at a
total cost of $103,267,000, with an estimated Federal cost of
$76,909,000 and an estimated non-Federal cost of $26,358,000.
(b) Limitation.--No funds may be obligated to carry out work under
the modification under subsection (a) until completion of a final report
by the Chief of Engineers finding that the work is technically sound,
environmentally acceptable, and economically justified.
SEC. 338. ARTHUR KILL, NEW YORK AND NEW JERSEY.
(a) In General.--The project for navigation, Arthur Kill, New York
and New Jersey, authorized by section 202(b) of the Water Resources
Development Act of 1986 (100 Stat. 4098) and modified by section
301(b)(11) of the Water Resources Development Act of 1996 (110 Stat.
3711), is further modified to authorize the Secretary to construct the
project substantially in accordance with the report of the Corps of
Engineers dated July 23, 1999, at a total cost of $315,700,000, with an
estimated Federal cost of $183,200,000 and an estimated non-Federal cost
of $132,500,000.
(b) Credit.--The Secretary may provide non-Federal interests--
(1) credit toward cash contributions required prior to and
during construction and subsequent to construction for planning,
engineering, and design and construction management work that is
performed by non-Federal interests and that the Secretary
determines is necessary to implement the project; and
(2) credit toward cash contributions required during
construction and subsequent to construction for the costs of
construction carried out by the non-Federal interest on behalf
of the Secretary and that the Secretary determines is necessary
to implement the project.
SEC. 339. KILL VAN KULL AND NEWARK BAY CHANNELS, NEW YORK AND NEW
JERSEY.
The project for navigation, Kill Van Kull and Newark Bay Channels,
New York and New Jersey, authorized by chapter IV of title I of the
Supplemental Appropriations Act, 1985 (99 Stat. 313), section 202(a) of
the Water Resources Development Act of 1986 (100 Stat. 4095), and
section 301(b)(12) of the Water Resources Development Act of 1996 (110
Stat. 3711), is further modified to authorize the Secretary to provide
the non-Federal interests credit toward cash contributions required--
(1) before, during, and after construction for planning,
engineering and design, and construction management work that is
performed by the non-Federal interests and that the Secretary
determines is necessary to implement the project; and
(2) during and after construction for the costs of the
construction that the non-Federal interests carry out on behalf
of the Secretary and that the Secretary determines is necessary
to implement the project.
SEC. 340. NEW YORK CITY WATERSHED.
Section 552 of the Water Resources Development Act of 1996 (110
Stat. 3779) is amended--
[[Page 113 STAT. 308]]
(1) in subsection (d), by striking ``for the project to be
carried out with such assistance'' and inserting ``, or a public
entity designated by the State director, to carry out the
project with the assistance, subject to the project's meeting
the certification requirement of subsection (c)(1)''; and
(2) in subsection (i), by striking ``$22,500,000'' and
inserting ``$42,500,000''.
SEC. 341. NEW YORK STATE CANAL SYSTEM.
Section 553(e) of the Water Resources Development Act of 1996 (110
Stat. 3781) is amended by striking ``$8,000,000'' and inserting
``$18,000,000''.
SEC. 342. FIRE ISLAND INLET TO MONTAUK POINT, NEW YORK.
The project for combined beach erosion control and hurricane
protection, Fire Island Inlet to Montauk Point, Long Island, New York,
authorized by section 101(a) of the River and Harbor Act of 1960 (74
Stat. 483) and modified by the River and Harbor Act of 1962, the Water
Resources Development Act of 1974, and the Water Resources Development
Act of 1986, is further modified to direct the Secretary, in
coordination with the heads of other Federal departments and agencies,
to complete all procedures and reviews expeditiously and to adopt and
submit to Congress, not later than 120 days after the date of enactment
of this Act, a mutually acceptable shore erosion plan for the Fire
Island Inlet to Moriches Inlet reach of the project.
SEC. 343. BROKEN BOW LAKE, RED RIVER BASIN, OKLAHOMA.
The project for flood control and water supply, Broken Bow Lake, Red
River Basin, Oklahoma, authorized by section 203 of the Flood Control
Act of 1958 (72 Stat. 309) and modified by section 203 of the Flood
Control Act of 1962 (76 Stat. 1187), section 102(v) of the Water
Resources Development Act of 1992 (106 Stat. 4808), and section 338 of
the Water Resources Development Act of 1996 (110 Stat. 3720), is further
modified to require the Secretary to make seasonal adjustments to the
top of the conservation pool at the project, if the Secretary determines
that the adjustments will be undertaken at no cost to the United States
and will adequately protect affected water and related resources, as
follows:
(1) Maintain an elevation of 599.5 from November 1 through
March 31.
(2) Increase elevation gradually from 599.5 to 602.5 during
April and May.
(3) Maintain an elevation of 602.5 from June 1 to September
30.
(4) Decrease elevation gradually from 602.5 to 599.5 during
October.
SEC. 344. WILLAMETTE RIVER TEMPERATURE CONTROL, MCKENZIE SUBBASIN,
OREGON.
(a) In General.--The project for environmental restoration,
Willamette River Temperature Control, McKenzie Subbasin, Oregon,
authorized by section 101(a)(25) of the Water Resources Development Act
of 1996 (110 Stat. 3665), is modified to authorize the Secretary to
construct the project substantially in accordance with the Feature
Memorandum dated July 31, 1998, at a total cost of $64,741,000, if the
Secretary determines that the project as modified is technically sound
and environmentally acceptable.
[[Page 113 STAT. 309]]
(b) Report.--Not <<NOTE: Deadline.>> later than 90 days after the
date of enactment of this Act, the Secretary shall submit to Congress a
report that--
(1) states the reasons for the increase in the cost of the
project;
(2) outlines the steps that the Corps of Engineers is taking
to control project costs, including the application of value
engineering and other appropriate measures; and
(3) includes a cost estimate for, and recommendations on the
advisability of, adding fish screens to the project.
SEC. 345. CURWENSVILLE LAKE, PENNSYLVANIA.
Section 562 of the Water Resources Development Act of 1996 (110
Stat. 3784) is amended--
(1) by striking ``The Secretary'' and inserting the
following:
``(a) In General.--The Secretary''; and
(2) by adding at the end the following:
``(b) Recreation Facilities.--The Secretary--
``(1) may provide design and construction assistance for
recreational facilities at Curwensville Lake; and
``(2) may require the non-Federal interest to provide not
more than 25 percent of the cost of designing and constructing
the recreational facilities.''.
SEC. 346. DELAWARE RIVER, PENNSYLVANIA AND DELAWARE.
The project for navigation, Delaware River, Philadelphia to
Wilmington, Pennsylvania and Delaware, authorized by section 3(a)(12) of
the Water Resources Development Act of 1988 (102 Stat. 4014), is
modified to authorize the Secretary to extend the channel of the
Delaware River at Camden, New Jersey, to within 150 feet of the existing
bulkhead and to relocate the 40-foot deep Federal navigation channel,
eastward within Philadelphia Harbor, from the Ben Franklin Bridge to the
Walt Whitman Bridge, into deep water, if the Secretary determines that
the project as modified is technically sound, economically acceptable,
and economically justified.
SEC. 347. MUSSERS DAM, PENNSYLVANIA.
Section 209 of the Water Resources Development Act of 1992 (106
Stat. 4830) is amended--
(1) by striking subsection (e); and
(2) by redesignating subsection (f) as subsection (e).
SEC. 348. PHILADELPHIA, PENNSYLVANIA.
Section 564(c)(2) of the Water Resources Development Act of 1996
(110 Stat. 3785) is amended by striking ``$2,700,000'' and inserting
``$4,000,000''.
SEC. 349. NINE MILE RUN, ALLEGHENY COUNTY, PENNSYLVANIA.
If the Secretary determines that the documentation is integral to
the project, the Secretary shall credit against the non-Federal share
such costs, not to exceed $1,000,000, as are incurred by the non-Federal
interests in preparing the environmental restoration report, planning
and design-phase scientific and engineering technical services
documentation, and other preconstruction documentation for the habitat
restoration project, Nine Mile Run, Pennsylvania.
[[Page 113 STAT. 310]]
SEC. 350. RAYSTOWN LAKE, PENNSYLVANIA.
(a) Recreation Partnership Initiative.--Section 519(b) of the Water
Resources Development Act of 1996 (33 U.S.C. 2328 note; 110 Stat. 3765)
is amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following:
``(3) Engineering and design services.--The Secretary may
perform engineering and design services for project
infrastructure expected to be associated with the development of
the site at Raystown Lake, Hesston, Pennsylvania.''.
(b) Construction Assistance.--
(1) In general.--Consistent with the master plan described
in section 318 of the Water Resources Development Act of 1992
(106 Stat. 4848), the Secretary may provide a grant to Juniata
College for the construction of facilities and structures at
Raystown Lake, Pennsylvania, to interpret and understand
environmental conditions and trends. As a condition of the
receipt of financial assistance, officials at Juniata College
shall coordinate the construction with the Baltimore District of
the Army Corps of Engineers.
(2) Authorization of appropriations.--There is authorized to
be appropriated to carry out this subsection $5,000,000.
SEC. 351. SOUTH CENTRAL PENNSYLVANIA.
(a) Authorization of Appropriations.--Section 313(g)(1) of the Water
Resources Development Act of 1992 (106 Stat. 4846; 110 Stat. 3723) is
amended by striking ``$80,000,000'' and inserting ``$180,000,000''.
(b) Corps of Engineers Expenses.--Section 313(g) of the Water
Resources Development Act of 1992 (106 Stat. 4846) is amended by adding
at the end the following:
``(4) Corps of engineers expenses.--10 percent of the
amounts appropriated to carry out this section for each of
fiscal years 2000 through 2002 may be used by the Corps of
Engineers district offices to administer and implement projects
under this section at 100 percent Federal expense.''.
SEC. 352. FOX POINT HURRICANE BARRIER, PROVIDENCE, RHODE ISLAND.
The project for hurricane-flood protection, Fox Point, Providence,
Rhode Island, authorized by section 203 of the Flood Control Act of 1958
(72 Stat. 306), is modified to direct the Secretary to undertake the
necessary repairs to the barrier, as identified in the Condition Survey
and Technical Assessment dated April 1998, with Supplement dated August
1998, at a total cost of $3,000,000, with an estimated Federal cost of
$1,950,000 and an estimated non-Federal cost of $1,050,000.
SEC. 353. COOPER RIVER, CHARLESTON HARBOR, SOUTH CAROLINA.
(a) In General.--The project for rediversion, Cooper River,
Charleston Harbor, South Carolina, authorized by section 101 of the
River and Harbor Act of 1968 (82 Stat. 731) and modified by title I of
the Energy and Water Development Appropriations Act, 1992 (105 Stat.
517), is further modified to authorize the Secretary to pay to the State
of South Carolina not more than $3,750,000 if the Secretary and the
State enter into a binding agreement for the State to perform all future
operation of the
[[Page 113 STAT. 311]]
fish lift at St. Stephen, South Carolina, including performance of
studies to assess the efficacy of the fish lift.
(b) Contents of Agreement.--The agreement under subsection (a) shall
specify--
(1) the terms and conditions under which payment will be
made; and
(2) the rights of, and remedies available to, the Federal
Government to recover all or a portion of the payment if the
State suspends or terminates operation of the fish lift or fails
to operate the fish lift in a manner satisfactory to the
Secretary.
(c) Maintenance.--Maintenance of the fish lift shall remain a
Federal responsibility.
SEC. 354. CLEAR CREEK, TEXAS.
Section 575 of the Water Resources Development Act of 1996 (110
Stat. 3789) is amended--
(1) in subsection (a)--
(A) by inserting ``or nonstructural actions'' after
``flood control works constructed''; and
(B) by inserting ``or nonstructural actions'' after
``construction of the project''; and
(2) in subsection (b)--
(A) in paragraph (2), by striking ``and'' at the
end;
(B) in paragraph (3), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(4) the project for flood control, Clear Creek, Texas,
authorized by section 203 of the Flood Control Act of 1968 (82
Stat. 742).''.
SEC. 355. CYPRESS CREEK, TEXAS.
(a) In General.--The project for flood control, Cypress Creek,
Texas, authorized by section 3(a)(13) of the Water Resources Development
Act of 1988 (102 Stat. 4014), is modified to authorize the Secretary to
carry out a nonstructural flood control project at a total cost of
$5,000,000.
(b) Reimbursement for Work.--The Secretary may reimburse the non-
Federal interest for the Cypress Creek project for work done by the non-
Federal interest on the nonstructural flood control project in an amount
equal to the estimate of the Federal share, without interest, of the
cost of the work--
(1) if, after authorization and before initiation of
construction of the nonstructural project, the Secretary
approves the plans for construction of the nonstructural project
by the non-Federal interest; and
(2) if the Secretary finds, after a review of studies and
design documents prepared to carry out the nonstructural
project, that construction of the nonstructural project is
economically justified and environmentally acceptable.
SEC. 356. DALLAS FLOODWAY EXTENSION, DALLAS, TEXAS.
The project for flood control, Dallas Floodway Extension, Dallas,
Texas, authorized by section 301 of the River and Harbor Act of 1965 (79
Stat. 1091) and modified by section 351 of the Water Resources
Development Act of 1996 (110 Stat. 3724), is further modified to add
environmental restoration and recreation as project purposes.
[[Page 113 STAT. 312]]
SEC. 357. UPPER JORDAN RIVER, UTAH.
The project for flood control, Upper Jordan River, Utah, authorized
by section 101(a)(23) of the Water Resources Development Act of 1990
(104 Stat. 4610) and modified by section 301(a)(14) of the Water
Resources Development Act of 1996 (110 Stat. 3709), is further modified
to direct the Secretary to carry out the locally preferred project,
entitled ``Upper Jordan River Flood Control Project, Salt Lake County,
Utah--Supplemental Information'' and identified in the document of Salt
Lake County, Utah, dated July 30, 1998, at a total cost of $12,870,000,
with an estimated Federal cost of $8,580,000 and an estimated non-
Federal cost of $4,290,000, if the Secretary determines that the project
as modified is technically sound, environmentally acceptable, and
economically justified.
SEC. 358. ELIZABETH RIVER, CHESAPEAKE, VIRGINIA.
Notwithstanding any other provision of law, after September 30,
1999, the city of Chesapeake, Virginia, shall not be obligated to make
the annual cash contribution required under paragraph 1(9) of the Local
Cooperation Agreement dated December 12, 1978, between the Government
and the city for the project for navigation, southern branch of the
Elizabeth River, Chesapeake, Virginia.
SEC. 359. COLUMBIA RIVER CHANNEL, WASHINGTON AND OREGON.
(a) In General.--The project for navigation, Columbia River between
Vancouver, Washington, and The Dalles, Oregon, authorized by the first
section of the Act of July 24, 1946 (60 Stat. 637, chapter 595), is
modified to authorize the Secretary to construct an alternate barge
channel to traverse the high span of the Interstate Route 5 bridge
between Portland, Oregon, and Vancouver, Washington, to a depth of 17
feet, with a width of approximately 200 feet through the high span of
the bridge and a width of approximately 300 feet upstream of the bridge.
(b) Distance Upstream.--The channel shall continue upstream of the
bridge approximately 2,500 feet to about river mile 107, then to a point
of convergence with the main barge channel at about river mile 108.
(c) Distance Downstream.--
(1) Southern edge.--The southern edge of the channel shall
continue downstream of the bridge approximately 1,500 feet to
river mile 106+10, then turn northwest to tie into the edge of
the Upper Vancouver Turning Basin.
(2) Northern edge.--The northern edge of the channel shall
continue downstream of the bridge to the Upper Vancouver Turning
Basin.
SEC. 360. GREENBRIER RIVER BASIN, WEST VIRGINIA.
Section 579(c) of the Water Resources Development Act of 1996 (110
Stat. 3790) is amended by striking ``$12,000,000'' and inserting
``$47,000,000''.
SEC. 361. BLUESTONE LAKE, OHIO RIVER BASIN, WEST VIRGINIA.
Section 102(ff) of the Water Resources Development Act of 1992 (106
Stat. 4810) is amended by striking ``take such measures as are
technologically feasible'' and inserting ``implement Plan C/G, as
defined in the Evaluation Report of the District Engineer dated December
1996,''.
[[Page 113 STAT. 313]]
SEC. 362. MOOREFIELD, WEST VIRGINIA.
Effective <<NOTE: Effective date.>> October 1, 1999, the project for
flood control, Moorefield, West Virginia, authorized by section
101(a)(25) of the Water Resources Development Act of 1990 (104 Stat.
4610), is modified to provide that the non-Federal interest shall not be
required to pay the unpaid balance, including interest, of the non-
Federal share of the cost of the project.
SEC. 363. WEST VIRGINIA AND PENNSYLVANIA FLOOD CONTROL.
Section 581 of the Water Resources Development Act of 1996 (110
Stat. 3790) is amended by striking subsection (a) and inserting the
following:
``(a) In General.--The Secretary may design and construct--
``(1) flood control measures in the Cheat and Tygart River
basins, West Virginia, at a level of protection that is
sufficient to prevent any future losses to communities in the
basins from flooding such as occurred in January 1996, but not
less than a 100-year level of protection; and
``(2) structural and nonstructural flood control, streambank
protection, stormwater management, and channel clearing and
modification measures in the lower Allegheny, lower Monongahela,
West Branch Susquehanna, and Juniata River basins, Pennsylvania,
at a level of protection that is sufficient to prevent any
future losses to communities in the basins from flooding such as
occurred in January 1996, but not less than a 100-year level of
flood protection with respect to measures that incorporate
levees or floodwalls.''.
SEC. 364. PROJECT REAUTHORIZATIONS.
Each of the following projects is authorized to be carried out by
the Secretary, if the Secretary determines that the project is
technically sound, environmentally acceptable, and economically
justified, as appropriate:
(1) Indian river county, florida.--The project for shore
protection, Indian River County, Florida, authorized by section
501(a) of the Water Resources Development Act of 1986 (100 Stat.
4134) and deauthorized under section 1001(b)(1) of the Water
Resources Development Act of 1986 (33 U.S.C. 579a(b)(1)).
(2) Lido key beach, sarasota, florida.--
(A) In general.--The project for shore protection,
Lido Key Beach, Sarasota, Florida, authorized by section
101 of the River and Harbor Act of 1970 (84 Stat. 1819)
and deauthorized under section 1001(b) of the Water
Resources Development Act of 1986 (33 U.S.C. 579a(b)),
at a total cost of $5,200,000, with an estimated Federal
cost of $3,380,000 and an estimated non-Federal cost of
$1,820,000.
(B) Periodic nourishment.--The Secretary may carry
out periodic nourishment for the project for a 50-year
period at an estimated average annual cost of $602,000,
with an estimated annual Federal cost of $391,000 and an
estimated annual non-Federal cost of $211,000.
(3) Cass river, michigan (vassar).--The project for flood
protection, Cass River, Michigan (Vassar), authorized by section
203 of the Flood Control Act of 1958 (72 Stat. 311) and
[[Page 113 STAT. 314]]
deauthorized under section 1001(b)(2) of the Water Resources
Development Act of 1986 (33 U.S.C. 579a(b)(2)).
(4) Saginaw river, michigan (shiawassee flats).--The project
for flood control, Saginaw River, Michigan (Shiawassee Flats),
authorized by section 203 of the Flood Control Act of 1958 (72
Stat. 311) and deauthorized under section 1001(b)(2) of the
Water Resources Development Act of 1986 (33 U.S.C. 579a(b)(2)).
(5) Park river, grafton, north dakota.--The project for
flood control, Park River, Grafton, North Dakota, authorized by
section 401(a) of the Water Resources Development Act of 1986
(100 Stat. 4121) and deauthorized under section 1001(a) of that
Act (33 U.S.C. 579a(a)), at a total cost of $28,100,000, with an
estimated Federal cost of $18,265,000 and an estimated non-
Federal cost of $9,835,000.
(6) Memphis harbor, memphis, tennessee.--The project for
navigation, Memphis Harbor, Memphis, Tennessee, authorized by
section 601(a) of the Water Resources Development Act of 1986
(100 Stat. 4145) and deauthorized pursuant to section 1001(a) of
that Act (33 U.S.C 579a(a)), is authorized to be carried out by
the Secretary.
SEC. 365. PROJECT DEAUTHORIZATIONS.
(a) In General.--The following projects or portions of projects are
not authorized after the date of enactment of this Act:
(1) Bridgeport harbor, connecticut.--The portion of the
project for navigation, Bridgeport Harbor, Connecticut,
authorized by section 101 of the River and Harbor Act of 1958
(72 Stat. 297), consisting of a 2.4-acre anchorage area, 9 feet
deep, and an adjacent 0.6-acre anchorage area, 6 feet deep,
located on the west side of Johnsons River.
(2) Clinton harbor, connecticut.--The portion of the project
for navigation, Clinton Harbor, Connecticut, authorized by
section 2 of the Act of March 2, 1945 (59 Stat. 13, chapter 19),
and House Document 240, 76th Congress, 1st Session, lying
upstream of a line designated by the points N158,592.12,
E660,193.92 and N158,444.58, E660,220.95.
(3) Bass harbor, maine.--The following portions of the
project for navigation, Bass Harbor, Maine, authorized on May 7,
1962, under section 107 of the River and Harbor Act of 1960 (33
U.S.C. 577):
(A) Beginning at a bend in the project, N149040.00,
E538505.00, thence running easterly about 50.00 feet
along the northern limit of the project to a point
N149061.55, E538550.11, thence running southerly about
642.08 feet to a point, N148477.64, E538817.18, thence
running southwesterly about 156.27 feet to a point on
the westerly limit of the project, N148348.50,
E538737.02, thence running northerly about 149.00 feet
along the westerly limit of the project to a bend in the
project, N148489.22, E538768.09, thence running
northwesterly about 610.39 feet along the westerly limit
of the project to the point of origin.
(B) Beginning at a point on the westerly limit of
the project, N148118.55, E538689.05, thence running
southeasterly about 91.92 feet to a point, N148041.43,
E538739.07, thence running southerly about 65.00 feet to
[[Page 113 STAT. 315]]
a point, N147977.86, E538725.51, thence running
southwesterly about 91.92 feet to a point on the
westerly limit of the project, N147927.84, E538648.39,
thence running northerly about 195.00 feet along the
westerly limit of the project to the point of origin.
(4) Boothbay harbor, maine.--The project for navigation,
Boothbay Harbor, Maine, authorized by the Act of July 25, 1912
(37 Stat. 201, chapter 253).
(5) Bucksport harbor, maine.--The portion of the project for
navigation, Bucksport Harbor, Maine, authorized by the first
section of the Act of June 13, 1902 (32 Stat. 331, chapter
1079), consisting of a 16-foot deep channel beginning at a point
N268.748.16, E423.390.76, thence running north 47 degrees 02
minutes 23 seconds east 51.76 feet to a point N268.783.44,
E423.428.64, thence running north 67 degrees 54 minutes 32
seconds west 1513.94 feet to a point N269.352.81, E422.025.84,
thence running south 47 degrees 02 minutes 23 seconds west
126.15 feet to a point N269.266.84, E421.933.52, thence running
south 70 degrees 24 minutes 28 seconds east 1546.79 feet to the
point of origin.
(6) Carvers harbor, vinalhaven, maine.--The portion of the
project for navigation, Carvers Harbor, Vinalhaven, Maine,
authorized by the Act of June 3, 1896 (commonly known as the
``River and Harbor Appropriations Act of 1896'') (29 Stat. 202,
chapter 314), consisting of the 16-foot anchorage beginning at a
point with coordinates N137,502.04, E895,156.83, thence running
south 6 degrees 34 minutes 57.6 seconds west 277.660 feet to a
point N137,226.21, E895,125.00, thence running north 53 degrees,
5 minutes 42.4 seconds west 127.746 feet to a point N137,302.92,
E895022.85, thence running north 33 degrees 56 minutes 9.8
seconds east 239.999 feet to the point of origin.
(7) East boothbay harbor, maine.--Section 364 of the Water
Resources Development Act of 1996 is amended by striking
paragraph (9) (110 Stat. 3734) and inserting the following:
``(9) East boothbay harbor, maine.--The project for
navigation, East Boothbay Harbor, Maine, 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 25, 1910 (36 Stat. 631, chapter 382).''.
(8) Searsport harbor, searsport, maine.--The portion of the
project for navigation, Searsport Harbor, Searsport, Maine,
authorized by section 101 of the River and Harbor Act of 1962
(76 Stat. 1173), consisting of the 35-foot turning basin
beginning at a point with coordinates N225,008.38, E395,464.26,
thence running north 43 degrees 49 minutes 53.4 seconds east
362.001 feet to a point N225,269.52, E395,714.96, thence running
south 71 degrees 27 minutes 33.0 seconds east 1,309.201 feet to
a point N224,853.22, E396,956.21, thence running north 84
degrees 3 minutes 45.7 seconds west 1,499.997 feet to the point
of origin.
(9) Wells harbor, maine.--The following portions of the
project for navigation, Wells Harbor, Maine, authorized by
section 101 of the River and Harbor Act of 1960 (74 Stat. 480):
[[Page 113 STAT. 316]]
(A) The portion of the 6-foot channel the boundaries
of which begin at a point with coordinates N177,992.00,
E394,831.00, thence running south 83 degrees 58 minutes
14.8 seconds west 10.38 feet to a point N177,990.91,
E394,820.68, thence running south 11 degrees 46 minutes
47.7 seconds west 991.76 feet to a point N177,020.04,
E394,618.21, thence running south 78 degrees 13 minutes
45.7 seconds east 10.00 feet to a point N177,018.00,
E394,628.00, thence running north 11 degrees 46 minutes
22.8 seconds east 994.93 feet to the point of origin.
(B) The portion of the 6-foot anchorage the
boundaries of which begin at a point with coordinates
N177,778.07, E394,336.96, thence running south 51
degrees 58 minutes 32.7 seconds west 15.49 feet to a
point N177,768.53, E394,324.76, thence running south 11
degrees 46 minutes 26.5 seconds west 672.87 feet to a
point N177,109.82, E394,187.46, thence running south 78
degrees 13 minutes 45.7 seconds east 10.00 feet to a
point N177,107.78, E394,197.25, thence running north 11
degrees 46 minutes 25.4 seconds east 684.70 feet to the
point of origin.
(C) The portion of the 10-foot settling basin the
boundaries of which begin at a point with coordinates
N177,107.78, E394,197.25, thence running north 78
degrees 13 minutes 45.7 seconds west 10.00 feet to a
point N177,109.82, E394,187.46, thence running south 11
degrees 46 minutes 15.7 seconds west 300.00 feet to a
point N176,816.13, E394,126.26, thence running south 78
degrees 12 minutes 21.4 seconds east 9.98 feet to a
point N176,814.09, E394,136.03, thence running north 11
degrees 46 minutes 29.1 seconds east 300.00 feet to the
point of origin.
(D) The portion of the 10-foot settling basin the
boundaries of which begin at a point with coordinates
N177,018.00, E394,628.00, thence running north 78
degrees 13 minutes 45.7 seconds west 10.00 feet to a
point N177,020.04, E394,618.21, thence running south 11
degrees 46 minutes 44.0 seconds west 300.00 feet to a
point N176,726.36, E394,556.97, thence running south 78
degrees 12 minutes 30.3 seconds east 10.03 feet to a
point N176,724.31, E394,566.79, thence running north 11
degrees 46 minutes 22.4 seconds east 300.00 feet to the
point of origin.
(10) Falmouth harbor, massachusetts.--The portion of the
project for navigation, Falmouth Harbor, Massachusetts,
authorized by section 101 of the River and Harbor Act of 1948
(62 Stat. 1172) lying southeasterly of a line commencing at a
point N199,286.41, E844,394.91, thence running north 66 degrees
52 minutes 3.31 seconds east 472.95 feet to a point N199,472.21,
E844,829.83, thence running north 43 degrees 9 minutes 28.3
seconds east 262.64 feet to a point N199,633.80, E845,009.48,
thence running north 21 degrees 40 minutes 11.26 seconds east
808.38 feet to a point N200,415.05, E845,307.98, thence running
north 32 degrees 25 minutes 29.01 seconds east 160.76 feet to a
point N200,550.75, E845,394.18, thence running north 24 degrees
56 minutes 42.29 seconds east 1,410.29 feet to a point
N201,829.48, E845,988.97.
[[Page 113 STAT. 317]]
(11) Green harbor, massachusetts.--The portion of the
project for navigation, Green Harbor, Massachusetts, undertaken
pursuant to section 107 of the River and Harbor Act of 1960 (33
U.S.C. 577), consisting of the 6-foot deep channel beginning at
a point along the west limit of the existing project, north
395990.43, east 831079.16, thence running northwesterly about
752.85 feet to a point, north 396722.80, east 830904.76, thence
running northwesterly about 222.79 feet to a point along the
west limit of the existing project, north 396844.34, east
830718.04, thence running southwesterly about 33.72 feet along
the west limit of the existing project to a point, north
396810.80, east 830714.57, thence running southeasterly about
195.42 feet along the west limit of the existing project to a
point, north 396704.19, east 830878.35, thence running about
544.66 feet along the west limit of the existing project to a
point, north 396174.35, east 831004.52, thence running
southeasterly about 198.49 feet along the west limit of the
existing project to the point of beginning.
(12) New bedford and fairhaven harbor, massachusetts.--The
following portions of the project for navigation, New Bedford
and Fairhaven Harbor, Massachusetts:
(A) A portion of the 25-foot spur channel leading to
the west of Fish Island, authorized by section 3 of the
Act of March 3, 1909 (35 Stat. 816, chapter 264),
beginning at a point with coordinates N232,173.77,
E758,791.32, thence running south 27 degrees 36 minutes
52.8 seconds west 38.2 feet to a point N232,139.91,
E758,773.61, thence running south 87 degrees 35 minutes
31.6 seconds west 196.84 feet to a point N232,131.64,
E758,576.94, thence running north 47 degrees 47 minutes
48.4 seconds west 502.72 feet to a point N232,469.35,
E758,204.54, thence running north 10 degrees 10 minutes
20.3 seconds west 438.88 feet to a point N232,901.33,
E758,127.03, thence running north 79 degrees 49 minutes
43.1 seconds east 121.69 feet to a point N232,922.82,
E758,246.81, thence running south 04 degrees 29 minutes
17.6 seconds east 52.52 feet to a point N232,870.46,
E758,250.92, thence running south 23 degrees 56 minutes
11.2 seconds east 49.15 feet to a point N323,825.54,
E758,270.86, thence running south 79 degrees 49 minutes
27.0 seconds west 88.19 feet to a point N232,809.96,
E758,184.06, thence running south 10 degrees 10 minutes
25.7 seconds east 314.83 feet to a point N232,500.08,
E758,239.67, thence running south 56 degrees 33 minutes
56.1 seconds east 583.07 feet to a point N232,178.82,
E758,726.25, thence running south 85 degrees 33 minutes
16.0 seconds east to the point of origin.
(B) A portion of the 30-foot west maneuvering basin,
authorized by the first section of the Act of July 3,
1930 (46 Stat. 918, chapter 847), beginning at a point
with coordinates N232,139.91, E758,773.61, thence
running north 81 degrees 49 minutes 30.1 seconds east
160.76 feet to a point N232,162.77, E758.932.74, thence
running north 85 degrees 33 minutes 16.0 seconds west
141.85 feet to a point N232,173.77, E758,791.32, thence
running south 27 degrees 36 minutes 52.8 seconds west to
the point of origin.
[[Page 113 STAT. 318]]
(b) Anchorage Area, Clinton Harbor, Connecticut.--The portion of the
Clinton Harbor, Connecticut, navigation project referred to in
subsection (a)(2) beginning at a point with coordinates N158,444.58,
E660,220.95, thence running north 79 degrees 37 minutes 14 seconds east
833.31 feet to a point N158,594.72, E661,040.67, thence running south 80
degrees 51 minutes 53 seconds east 181.21 feet to a point N158,565.95,
E661,219.58, thence running north 57 degrees 38 minutes 04 seconds west
126.02 feet to a point N158,633.41, E660,113.14, thence running south 79
degrees 37 minutes 14 seconds west 911.61 feet to a point N158,469.17,
E660,216.44, thence running south 10 degrees 22 minutes 46 seconds east
25 feet returning to a point N158,444.58, E660,220.95, is redesignated
as an anchorage area.
(c) Wells Harbor, Maine.--
(1) Project modification.--The Wells Harbor, Maine,
navigation project referred to in subsection (a)(9) is modified
to authorize the Secretary to realign the channel and anchorage
areas based on a harbor design capacity of 150 craft.
(2) Redesignations.--
(A) 6-foot anchorage.--The following portions of the
Wells Harbor, Maine, navigation project referred to in
subsection (a)(9) shall be redesignated as part of the
6-foot anchorage:
(i) The portion of the 6-foot channel the
boundaries of which begin at a point with
coordinates N177,990.91, E394,820.68, thence
running south 83 degrees 58 minutes 40.8 seconds
west 94.65 feet to a point N177,980.98,
E394,726.55, thence running south 11 degrees 46
minutes 22.4 seconds west 962.83 feet to a point
N177,038.40, E394,530.10, thence running south 78
degrees 13 minutes 45.7 seconds east 90.00 feet to
a point N177,020.04, E394,618.21, thence running
north 11 degrees 46 minutes 47.7 seconds east
991.76 feet to the point of origin.
(ii) The portion of the 10-foot inner harbor
settling basin the boundaries of which begin at a
point with coordinates N177,020.04, E394,618.21,
thence running north 78 degrees 13 minutes 30.5
seconds west 160.00 feet to a point N177,052.69,
E394,461.58, thence running south 11 degrees 46
minutes 45.4 seconds west 299.99 feet to a point
N176,759.02, E394,400.34, thence running south 78
degrees 13 minutes 17.9 seconds east 160 feet to a
point N176,726.36, E394,556.97, thence running
north 11 degrees 46 minutes 44.0 seconds east
300.00 feet to the point of origin.
(B) 6-foot channel.--The following portion of the
Wells Harbor, Maine, navigation project referred to in
subsection (a)(9) shall be redesignated as part of the
6-foot channel: the portion of the 6-foot anchorage the
boundaries of which begin at a point with coordinates
N178,102.26, E394,751.83, thence running south 51
degrees 59 minutes 42.1 seconds west 526.51 feet to a
point N177,778.07, E394,336.96, thence running south 11
degrees 46 minutes 26.6 seconds west 511.83 feet to a
point N177,277.01, E394,232.52, thence running south 78
degrees 13 minutes 17.9 seconds east 80.00 feet to a
point N177,260.68, E394,310.84, thence running north 11
degrees 46 minutes
[[Page 113 STAT. 319]]
24.8 seconds east 482.54 feet to a point N177,733.07,
E394,409.30, thence running north 51 degrees 59 minutes
41.0 seconds east 402.63 feet to a point N177,980.98,
E394,726.55, thence running north 11 degrees 46 minutes
27.6 seconds east 123.89 feet to the point of origin.
(3) Realignment.--The 6-foot anchorage area described in
paragraph (2)(B) shall be realigned to include the area located
south of the inner harbor settling basin in existence on the
date of enactment of this Act beginning at a point with
coordinates N176,726.36, E394,556.97, thence running north 78
degrees 13 minutes 17.9 seconds west 160.00 feet to a point
N176,759.02, E394,400.34, thence running south 11 degrees 47
minutes 03.8 seconds west 45 feet to a point N176,714.97,
E394,391.15, thence running south 78 degrees 13 minutes 17.9
seconds 160.00 feet to a point N176,682.31, E394,547.78, thence
running north 11 degrees 47 minutes 03.8 seconds east 45 feet to
the point of origin.
(4) Relocation.--The Secretary may relocate the settling
basin feature of the Wells Harbor, Maine, navigation project
referred to in subsection (a)(9) to the outer harbor between the
jetties.
(5) Additional actions.--In carrying out the operation and
the maintenance of the Wells Harbor, Maine, navigation project
referred to in subsection (a)(9), the Secretary shall undertake
each of the actions of the Corps of Engineers specified in
section IV(B) of the memorandum of agreement relating to the
project dated January 20, 1998, including the actions specified
in section IV(B) that the parties agreed to ask the Corps of
Engineers to undertake.
(6) Conservation easement.--The Secretary of the Interior,
acting through the Director of the United States Fish and
Wildlife Service, may accept a conveyance of the right, but not
the obligation, to enforce a conservation easement to be held by
the State of Maine over certain land owned by the town of Wells,
Maine, that is adjacent to the Rachel Carson National Wildlife
Refuge.
(d) Anchorage Area, Green Harbor, Massachusetts.--The portion of the
Green Harbor, Massachusetts, navigation project referred to in
subsection (a)(11) consisting of a 6-foot deep channel that lies
northerly of a line the coordinates of which are North 394825.00, East
831660.00 and North 394779.28, East 831570.64 is redesignated as an
anchorage area.
SEC. 366. AMERICAN AND SACRAMENTO RIVERS, CALIFORNIA.
(a) In General.--The project for flood damage reduction, American
and Sacramento Rivers, California, authorized by section 101(a)(1) of
the Water Resources Development Act of 1996 (110 Stat. 3662-3663), is
modified to direct the Secretary to include the following improvements
as part of the overall project:
(1) Raising the left bank of the non-Federal levee upstream
of the Mayhew Drain for a distance of 4,500 feet by an average
of 2.5 feet.
(2) Raising the right bank of the American River levee from
1,500 feet upstream to 4,000 feet downstream of the Howe Avenue
bridge by an average of 1 foot.
(3) Modifying the south levee of the Natomas Cross Canal for
a distance of 5 miles to ensure that the south levee is
[[Page 113 STAT. 320]]
consistent with the level of protection provided by the
authorized levee along the east bank of the Sacramento River.
(4) Modifying the north levee of the Natomas Cross Canal for
a distance of 5 miles to ensure that the height of the levee is
equivalent to the height of the south levee as authorized by
paragraph (3).
(5) Installing gates to the existing Mayhew Drain culvert
and pumps to prevent backup of floodwater on the Folsom
Boulevard side of the gates.
(6) Installing a slurry wall in the north levee of the
American River from the east levee of the Natomas east Main
Drain upstream for a distance of approximately 1.2 miles.
(7) Installing a slurry wall in the north levee of the
American River from 300 feet west of Jacob Lane north for a
distance of approximately 1 mile to the end of the existing
levee.
(b) Cost Limitations.--Section 101(a)(1)(A) of the Water Resources
Development Act of 1996 (110 Stat. 3662) is amended by striking ``at a
total cost of'' and all that follows through ``$14,225,000,'' and
inserting the following: ``at a total cost of $91,900,000, with an
estimated Federal cost of $68,925,000 and an estimated non-Federal cost
of $22,975,000,''.
(c) Cost Sharing.--For the purposes of section 103 of the Water
Resources Development Act of 1986 (33 U.S.C. 2213), the modifications
authorized by this section shall be subject to the same cost sharing in
effect for the project for flood damage reduction, American and
Sacramento Rivers, California, authorized by section 101(a)(1) of the
Water Resources Development Act of 1996 (110 Stat. 3662).
SEC. 367. MARTIN, KENTUCKY.
The project for flood control, Martin, Kentucky, authorized by
section 202(a) of the Energy and Water Development Appropriations Act,
1981 (94 Stat. 1339), is modified to authorize the Secretary to take all
necessary measures to prevent future losses that would occur as a result
of a flood equal in magnitude to a 100-year frequency event.
SEC. 368. SOUTHERN WEST VIRGINIA PILOT PROGRAM.
Section 340(g) of the Water Resources Development Act of 1992 (106
Stat. 4856) is amended to read as follows:
``(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out the pilot program under this section
$40,000,000 for fiscal years beginning after September 30, 1992. Such
sums shall remain available until expended.''.
SEC. 369. BLACK WARRIOR AND TOMBIGBEE RIVERS, JACKSON, ALABAMA.
(a) In General.--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), is modified to authorize the Secretary to acquire land
for mitigation of the habitat losses attributable to the project,
including the navigation channel, dredged material disposal areas, and
other areas directly affected by construction of the project.
(b) Construction Before Acquisition of Mitigation Land.--
Notwithstanding section 906 of the Water Resources Development Act of
1986 (33 U.S.C. 2283), the Secretary may construct the
[[Page 113 STAT. 321]]
project before acquisition of the mitigation land if the Secretary takes
such actions as are necessary to ensure that any required mitigation
land will be acquired not later than 2 years after initiation of
construction of the new channel and that the acquisition will fully
mitigate any adverse environmental impacts resulting from the project.
SEC. 370. TROPICANA WASH AND FLAMINGO WASH, NEVADA.
Any Federal costs associated with the Tropicana Wash and Flamingo
Wash, Nevada, authorized by section 101(13) of the Water Resources
Development Act of 1992 (106 Stat. 4803), incurred by the non-Federal
interest to accelerate or modify construction of the project, in
cooperation with the Corps of Engineers, shall be eligible for
reimbursement by the Secretary.
SEC. 371. COMITE RIVER, LOUISIANA.
The Comite River Diversion Project for flood control, authorized as
part of the project for flood control, Amite River and Tributaries,
Louisiana, by section 101(11) of the Water Resources Development Act of
1992 (106 Stat. 4802) and modified by section 301(b)(5) of the Water
Resources Development Act of 1996 (110 Stat. 3709), is further modified
to authorize the Secretary to include the costs of highway relocations
to be cost shared as a project construction feature.
SEC. 372. ST. MARYS RIVER, MICHIGAN.
The project for navigation, St. Marys River, Michigan, is modified
to direct the Secretary to provide an additional foot of overdraft
between Point Louise Turn and the Locks, Sault Sainte Marie, Michigan,
consistent with the channels upstream of Point Louise Turn. The
modification shall be carried out as operation and maintenance to
improve navigation safety.
SEC. 373. CHARLEVOIX, MICHIGAN.
The Secretary shall review and, if consistent with authorized
project purposes, reimburse the city of Charlevoix, Michigan, for the
Federal share of costs associated with construction of the new revetment
connection to the Federal navigation project at Charlevoix Harbor,
Michigan.
SEC. 374. 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 Act of June 28,
1938 (52 Stat. 1218, chapter 795), 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 amounts of
project storage: Beaver Lake, 1.5 feet; Table Rock, 2 feet; Bull Shoals
Lake, 5 feet; Norfork Lake, 3.5 feet; and Greers Ferry Lake, 3 feet.
(b) Report.--
(1) In general.--No funds may be obligated to carry out work
on the modification under subsection (a) until completion
[[Page 113 STAT. 322]]
of a final report by the Chief of Engineers finding that the
work is technically sound, environmentally acceptable, and
economically justified.
(2) Timing.--The Secretary shall submit the report to
Congress not later than July 30, 2000.
(3) Contents.--The 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. 375. WAURIKA LAKE, OKLAHOMA, WATER CONVEYANCE FACILITIES.
For the project for construction of the water conveyances authorized
by the first section of Public Law 88-253 (77 Stat. 841), the
requirements for the Waurika Project Master Conservancy District to
repay the $2,900,000 in costs (including interest) resulting from the
October 1991 settlement of the claim before the United States Claims
Court, and to make a payment of $595,000 of the final cost representing
a portion of the difference between the 1978 estimate of cost and the
actual cost determined after completion of the project in 1991, are
waived.
TITLE IV--STUDIES
SEC. 401. <<NOTE: 33 USC 2211 note.>> DEEP DRAFT HARBOR COST SHARING.
(a) In General.--The Secretary shall undertake a study of non-
Federal cost-sharing requirements for the construction and operation and
maintenance of deep draft harbor projects to determine whether--
(1) cost sharing adversely affects United States port
development or domestic and international trade; and
(2) any revision of the cost-sharing requirements would
benefit United States domestic and international trade.
(b) <<NOTE: Deadline.>> Recommendations.--
(1) In general.--Not later than May 30, 2001, the Secretary
shall submit to the Committee on Environment and Public Works of
the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives any
recommendations that the Secretary may have in light of the
study under subsection (a).
(2) Considerations.--In making recommendations, the
Secretary shall consider--
(A) the potential economic, environmental, and
budgetary impacts of any proposed revision of the cost-
sharing requirements; and
(B) the effect that any such revision would have on
regional port competition.
SEC. 402. BOYDSVILLE, ARKANSAS.
The Secretary shall conduct a study to determine the feasibility of
the reservoir and associated improvements to provide for flood control,
recreation, water quality, and fish and wildlife purposes in the
vicinity of Boydsville, Arkansas.
[[Page 113 STAT. 323]]
SEC. 403. GREERS FERRY LAKE, ARKANSAS.
The Secretary shall conduct a study to determine the feasibility of
constructing water intake facilities at Greers Ferry Lake, Arkansas.
SEC. 404. DEL NORTE COUNTY, CALIFORNIA.
The Secretary shall conduct a study to determine the feasibility of
designating a permanent disposal site for dredged material from Federal
navigation projects in Del Norte County, California.
SEC. 405. FRAZIER CREEK, TULARE COUNTY, CALIFORNIA.
The Secretary shall conduct a study to determine--
(1) the feasibility of restoring Frazier Creek, Tulare
County, California; and
(2) the Federal interest in flood control, environmental
restoration, conservation of fish and wildlife resources,
recreation, and water quality of the creek.
SEC. 406. MARE ISLAND STRAIT, CALIFORNIA.
(a) In General.--The Secretary shall conduct a general reevaluation
to determine the Federal interest in reconfiguring the Mare Island
Strait channel.
(b) Considerations.--In determining the Federal interest, the
Secretary shall consider the benefits of economic activity associated
with potential future uses of the channel and any other benefits that
could be realized by increasing the width and depth of the channel to
accommodate both current and potential future uses of the channel.
SEC. 407. STRAWBERRY CREEK, BERKELEY, CALIFORNIA.
The Secretary shall conduct a study to determine--
(1) the feasibility of restoring Strawberry Creek, Berkeley,
California; and
(2) the Federal interest in environmental restoration,
conservation of fish and wildlife resources, recreation, and
water quality of the creek.
SEC. 408. SWEETWATER RESERVOIR, SAN DIEGO COUNTY, CALIFORNIA.
The Secretary shall conduct a study of the potential water quality
problems and pollution abatement measures in the watershed in and around
Sweetwater Reservoir, San Diego County, California.
SEC. 409. WHITEWATER RIVER BASIN, CALIFORNIA.
The Secretary shall complete a study to determine the feasibility of
a flood damage reduction project in the Whitewater River basin (also
known as ``Thousand Palms''), California.
SEC. 410. DESTIN-NORIEGA POINT, FLORIDA.
The Secretary shall conduct a study to determine the feasibility
of--
(1) restoring Noriega Point, Florida, to serve as a
breakwater for Destin Harbor; and
(2) including Noriega Point as part of the East Pass,
Florida, navigation project.
SEC. 411. LITTLE ECONLACKHATCHEE RIVER BASIN, FLORIDA.
The Secretary shall conduct a study of pollution abatement measures
in the Little Econlackhatchee River basin, Florida.
[[Page 113 STAT. 324]]
SEC. 412. PORT EVERGLADES, BROWARD COUNTY, FLORIDA.
The Secretary shall conduct a study to determine the feasibility of
constructing a sand bypassing project at the Port Everglades Inlet,
Florida.
SEC. 413. LAKE ALLATOONA, ETOWAH RIVER, AND LITTLE RIVER
WATERSHED, GEORGIA.
(a) In General.--The Secretary, in cooperation with the
Administrator of the Environmental Protection Agency, may carry out the
following water-related environmental restoration and resource
protection investigations into restoring Lake Allatoona, the Etowah
River, and the Little River watershed, Georgia:
(1) Lake allatoona/etowah river shoreline restoration
investigation.--Feasibility phase investigation to identify and
recommend to Congress structural and nonstructural measures to
alleviate shore erosion and sedimentation problems along the
shores of Lake Allatoona and the Etowah River.
(2) Little river environmental restoration investigation.--
Feasibility phase investigation to evaluate environmental
problems and recommend environmental restoration measures
(including appropriate environmental structural and
nonstructural measures) for the Little River watershed, Georgia.
(b) Authorization of Appropriations.--There are authorized to be
appropriated for the period beginning with fiscal year 2000--
(1) $850,000 to carry out subsection (a)(1); and
(2) $500,000 to carry out subsection (a)(2).
SEC. 414. BOISE, IDAHO.
The Secretary shall conduct a study to determine the feasibility of
undertaking flood control on the Boise River in Boise, Idaho.
SEC. 415. GOOSE CREEK WATERSHED, OAKLEY, IDAHO.
The Secretary shall conduct a study to determine the feasibility of
undertaking flood damage reduction, water conservation, ground water
recharge, ecosystem restoration, and related activities along the Goose
Creek watershed near Oakley, Idaho.
SEC. 416. LITTLE WOOD RIVER, GOODING, IDAHO.
The Secretary shall conduct a study to determine the feasibility of
restoring and repairing the Lava Rock Little Wood River Containment
System to prevent flooding in the city of Gooding, Idaho.
SEC. 417. SNAKE RIVER, LEWISTON, IDAHO.
The Secretary shall conduct a study to determine the feasibility of
undertaking bank stabilization and flood control on the Snake River at
Lewiston, Idaho.
SEC. 418. SNAKE RIVER AND PAYETTE RIVER, IDAHO.
The Secretary shall conduct a study to determine the feasibility of
undertaking a flood control project along the Snake River and Payette
River, in the vicinity of Payette, Idaho.
SEC. 419. UPPER DES PLAINES RIVER AND TRIBUTARIES, ILLINOIS AND
WISCONSIN.
(a) In General.--The Secretary shall conduct a study of the upper
Des Plaines River and tributaries, Illinois and Wisconsin, upstream of
the confluence with Salt Creek at Riverside, Illinois, to determine the
feasibility of improvements in the interests of
[[Page 113 STAT. 325]]
flood damage reduction, environmental restoration and protection, water
quality, recreation, and related purposes.
(b) Special Rule.--In conducting the study, the Secretary may not
exclude from consideration and evaluation flood damage reduction
measures based on restrictive policies regarding the frequency of
flooding, the drainage area, and the amount of runoff.
(c) Consultation and Use of Existing Data.--In carrying out this
section, the Secretary shall--
(1) consult with appropriate Federal and State agencies; and
(2) make maximum use of data in existence on the date of
enactment of this Act and ongoing programs and efforts of
Federal agencies and States.
SEC. 420. CAMERON PARISH WEST OF CALCASIEU RIVER, LOUISIANA.
The Secretary shall conduct a study to determine the feasibility of
undertaking a storm damage reduction and ecosystem restoration project
for Cameron Parish west of Calcasieu River, Louisiana.
SEC. 421. COASTAL LOUISIANA.
The Secretary shall conduct a study to determine the feasibility of
using dredged material from maintenance activities at Federal navigation
projects in coastal Louisiana to benefit coastal areas in the State.
SEC. 422. GRAND ISLE AND VICINITY, LOUISIANA.
In carrying out a study of the storm damage reduction benefits to
Grand Isle and vicinity, Louisiana, the Secretary shall include benefits
that a storm damage reduction project for Grand Isle and vicinity,
Louisiana, may have on the mainland coast of Louisiana as project
benefits attributable to the Grand Isle project.
SEC. 423. GULF INTRACOASTAL WATERWAY ECOSYSTEM, CHEF MENTEUR TO
SABINE RIVER, LOUISIANA.
(a) In General.--The Secretary shall conduct a study to determine
the feasibility of undertaking ecosystem restoration and protection
measures along the Gulf Intracoastal Waterway from Chef Menteur to
Sabine River, Louisiana.
(b) Matters To Be Addressed.--The study shall address saltwater
intrusion, tidal scour, erosion, compaction, subsidence, wind and wave
action, bank failure, and other problems relating to ecosystem
restoration and protection.
SEC. 424. MUDDY RIVER, BROOKLINE AND BOSTON, MASSACHUSETTS.
(a) In General.--The Secretary shall evaluate the January 1999 study
commissioned by the Boston Parks and Recreation Department, Boston,
Massachusetts, and entitled ``The Emerald Necklace Environmental
Improvement Master Plan, Phase I Muddy River Flood Control, Water
Quality and Habitat Enhancement'', to determine whether the plans
outlined in the study for flood control, water quality, habitat
enhancements, and other improvements to the Muddy River in Brookline and
Boston, Massachusetts, are cost-effective, technically sound,
environmentally acceptable, and in the Federal interest.
(b) Report.--Not <<NOTE: Deadline.>> later than June 30, 2000, the
Secretary shall submit to Congress a report on the results of the
evaluation.
[[Page 113 STAT. 326]]
SEC. 425. WESTPORT, MASSACHUSETTS.
(a) In General.--The Secretary shall conduct a study to determine
the feasibility of undertaking a navigation project for the town of
Westport, Massachusetts.
(b) Considerations.--In determining the benefits of the project, the
Secretary shall include the benefits derived from using dredged material
for shore protection and storm damage reduction.
SEC. 426. ST. CLAIR RIVER AND LAKE ST. CLAIR, MICHIGAN.
(a) Plan.--The Secretary, in coordination with State and local
governments and appropriate Federal and provincial authorities of
Canada, shall develop a comprehensive management plan for St. Clair
River and Lake St. Clair.
(b) Elements.--The plan shall include the following elements:
(1) Identification of the causes and sources of
environmental degradation.
(2) Continuous monitoring of organic, biological, metallic,
and chemical contamination levels.
(3) Timely dissemination of information of contamination
levels to public authorities, other interested parties, and the
public.
(c) Report.--Not <<NOTE: Deadline.>> later than 1 year after the
date of enactment of this Act, the Secretary shall submit to Congress a
report that includes the plan developed under subsection (a) and
recommendations for potential restoration measures.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $400,000.
SEC. 427. ST. CLAIR SHORES, MICHIGAN.
The Secretary shall conduct a study to determine the feasibility of
constructing a flood control project at St. Clair Shores, Michigan.
SEC. 428. WOODTICK PENINSULA, MICHIGAN, AND TOLEDO HARBOR, OHIO.
The Secretary shall conduct a study to determine the feasibility of
using dredged material from Toledo Harbor, Ohio, to provide erosion
reduction, navigation, and ecosystem restoration at Woodtick Peninsula,
Michigan.
SEC. 429. PASCAGOULA HARBOR, MISSISSIPPI.
(a) In General.--The Secretary shall conduct a study to determine an
alternative plan for dredged material management for the Pascagoula
River portion of the project for navigation, Pascagoula Harbor,
Mississippi, authorized by section 202(a) of the Water Resources
Development Act of 1986 (100 Stat. 4094).
(b) Contents.--The study under subsection (a) shall--
(1) include an analysis of the feasibility of expanding the
Singing River Island Disposal Area or constructing a new dredged
material disposal facility; and
(2) identify methods of managing and reducing sediment
transport into the Federal navigation channel.
SEC. 430. TUNICA LAKE WEIR, MISSISSIPPI.
(a) In General.--The Secretary shall conduct a study to determine
the feasibility of constructing an outlet weir at Tunica Lake, Tunica
County, Mississippi, and Lee County, Arkansas, for the purpose of
stabilizing water levels in the lake.
[[Page 113 STAT. 327]]
(b) Economic Analysis.--In carrying out the study, the Secretary
shall include as part of the economic analysis the benefits derived from
recreation uses at Tunica Lake and economic benefits associated with
restoration of fish and wildlife habitat.
SEC. 431. YELLOWSTONE RIVER, MONTANA.
(a) Study.--The Secretary shall conduct a comprehensive study of the
Yellowstone River from Gardiner, Montana, to the confluence of the
Missouri River to determine the hydrologic, biological, and
socioeconomic cumulative impacts on the river.
(b) Consultation and Coordination.--The Secretary shall conduct the
study in consultation with the United States Fish and Wildlife Service,
the United States Geological Survey, and the Natural Resources
Conservation Service and with the full participation of the State of
Montana and tribal and local entities, and provide for public
participation.
(c) Report.--Not <<NOTE: Deadline.>> later than 5 years after the
date of enactment of this Act, the Secretary shall submit to Congress a
report on the results of the study.
SEC. 432. LAS VEGAS VALLEY, NEVADA.
(a) In General.--The Secretary shall conduct a comprehensive study
of water resources in the Las Vegas Valley, Nevada.
(b) Objectives.--The study shall identify problems and opportunities
related to ecosystem restoration, water quality (particularly the
quality of surface runoff), and flood control.
SEC. 433. SOUTHWEST VALLEY, ALBUQUERQUE, NEW MEXICO.
The Secretary shall conduct a study to determine the feasibility of
undertaking a project for flood damage reduction in the Southwest
Valley, Albuquerque, New Mexico.
SEC. 434. CAYUGA CREEK, NEW YORK.
The Secretary shall conduct a study to determine the feasibility of
undertaking a project for flood control for Cayuga Creek, New York.
SEC. 435. LAKE CHAMPLAIN, NEW YORK AND VERMONT.
The Secretary shall conduct a study to determine the feasibility of
restoring Lake Champlain, New York and Vermont, to improve water
quality, fish and wildlife habitat, and navigation.
SEC. 436. OSWEGO RIVER BASIN, NEW YORK.
The Secretary shall conduct a study to determine the feasibility of
establishing a flood forecasting system in the Oswego River basin, New
York.
SEC. 437. WHITE OAK RIVER, NORTH CAROLINA.
The Secretary shall conduct a study to determine whether there is a
Federal interest in a project for water quality, environmental
restoration and protection, and related purposes on the White Oak River,
North Carolina.
SEC. 438. ARCOLA CREEK WATERSHED, MADISON, OHIO.
The Secretary shall conduct a study to determine the feasibility of
undertaking a project to provide environmental restoration and
protection for the Arcola Creek watershed, Madison, Ohio.
[[Page 113 STAT. 328]]
SEC. 439. CLEVELAND HARBOR, CLEVELAND, OHIO.
The Secretary shall conduct a study to determine the feasibility of
undertaking repairs and related navigation improvements at Dike 14,
Cleveland, Ohio.
SEC. 440. TOUSSAINT RIVER, CARROLL TOWNSHIP, OHIO.
The Secretary shall conduct a study to determine the feasibility of
undertaking navigation improvements on the Toussaint River, Carroll
Township, Ohio.
SEC. 441. WESTERN LAKE ERIE BASIN, OHIO, INDIANA, AND MICHIGAN.
(a) In General.--The Secretary shall conduct a study to develop
measures to improve flood control, navigation, water quality,
recreation, and fish and wildlife habitat in a comprehensive manner in
the western Lake Erie basin, Ohio, Indiana, and Michigan, including
watersheds of the Maumee, Ottawa, and Portage Rivers.
(b) Cooperation.--In carrying out the study, the Secretary shall--
(1) cooperate with interested Federal, State, and local
agencies and nongovernmental organizations; and
(2) consider all relevant programs of the agencies.
(c) Report.--Not <<NOTE: Deadline.>> later than 1 year after the
date of enactment of this Act, the Secretary shall submit to Congress a
report on the results of the study, including findings and
recommendations.
SEC. 442. SCHUYLKILL RIVER, NORRISTOWN, PENNSYLVANIA.
The Secretary shall conduct a study to determine the feasibility of
undertaking a project for flood control for the Schuylkill River,
Norristown, Pennsylvania.
SEC. 443. SOUTH CAROLINA COASTAL AREAS.
(a) In General.--The Secretary shall review pertinent reports and
conduct other studies and field investigations to determine the best
available science and methods for management of contaminated dredged
material and sediments in the coastal areas of South Carolina.
(b) Focus.--In carrying out subsection (a), the Secretary shall
place particular focus on areas where the Corps of Engineers maintains
deep draft navigation projects, such as Charleston Harbor, Georgetown
Harbor, and Port Royal, South Carolina.
(c) Cooperation.--The studies shall be conducted in cooperation with
the appropriate Federal and State environmental agencies.
SEC. 444. SANTEE DELTA FOCUS AREA, SOUTH CAROLINA.
Not <<NOTE: Deadline.>> later than 18 months after the date of
enactment of this Act, the Secretary shall complete a comprehensive
study of the ecosystem in the Santee Delta focus area, South Carolina,
to determine the feasibility of undertaking a project to enhance wetland
habitat and public recreational opportunities in the area.
SEC. 445. WACCAMAW RIVER, SOUTH CAROLINA.
The Secretary shall conduct a study to determine the feasibility of
undertaking a flood control project for the Waccamaw River in Horry
County, South Carolina.
SEC. 446. DAY COUNTY, SOUTH DAKOTA.
The Secretary shall conduct--
[[Page 113 STAT. 329]]
(1) an investigation of flooding and other water resources
problems between the James River and Big Sioux watersheds, South
Dakota; and
(2) an assessment of flood damage reduction needs of the
area.
SEC. 447. NIOBRARA RIVER AND MISSOURI RIVER, SOUTH DAKOTA.
The Secretary shall conduct a study of the Niobrara River watershed
and the operations of Fort Randall Dam and Gavins Point Dam on the
Missouri River, South Dakota, to determine the feasibility of
alleviating the bank erosion, sedimentation, and related problems in the
lower Niobrara River and the Missouri River below Fort Randall Dam.
SEC. 448. CORPUS CHRISTI, TEXAS.
The Secretary shall include, as part of the study authorized by a
resolution of the Committee on Public Works and Transportation of the
House of Representatives dated August 1, 1990, a review of two 175-foot-
wide barge shelves on either side of the navigation channel at the Port
of Corpus Christi, Texas.
SEC. 449. MITCHELL'S CUT CHANNEL (CANEY FORK CUT), TEXAS.
The Secretary shall conduct a study to determine the feasibility of
undertaking a project for navigation, Mitchell's Cut Channel (Caney Fork
Cut), Texas.
SEC. 450. MOUTH OF COLORADO RIVER, TEXAS.
The Secretary shall conduct a study to determine the feasibility of
undertaking a project for navigation at the mouth of the Colorado River,
Texas, to provide a minimum draft navigation channel extending from the
Colorado River through Parkers Cut (also known as ``Tiger Island Cut''),
or an acceptable alternative, to Matagorda Bay.
SEC. 451. SANTA CLARA RIVER, UTAH.
(a) In General.--The Secretary shall conduct a study to determine
the feasibility of undertaking measures to alleviate damage caused by
flooding, bank erosion, and sedimentation along the watershed of the
Santa Clara River, Utah, above the Gunlock Reservoir.
(b) Contents.--The study shall include an analysis of watershed
conditions and water quality, as related to flooding and bank erosion,
along the Santa Clara River in the vicinity of Gunlock, Utah.
SEC. 452. MOUNT ST. HELENS, WASHINGTON.
(a) In General.--The Secretary shall conduct a study to determine
the feasibility of undertaking ecosystem restoration improvements
throughout the Cowlitz and Toutle River basins, Washington, including
the 6,000 acres of wetland, riverine, riparian, and upland habitats lost
or altered due to the eruption of Mount St. Helens in 1980 and
subsequent emergency actions.
(b) Requirements.--In carrying out the study, the Secretary shall--
(1) work in close coordination with local governments,
watershed entities, the State of Washington, and other Federal
agencies; and
(2) place special emphasis on--
[[Page 113 STAT. 330]]
(A) conservation and restoration strategies to
benefit species that are listed or proposed for listing
as threatened or endangered species under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.); and
(B) other watershed restoration objectives.
SEC. 453. KANAWHA RIVER, FAYETTE COUNTY, WEST VIRGINIA.
The Secretary shall conduct a study to determine the feasibility of
developing a public port along the Kanawha River in Fayette County, West
Virginia, at a site known as ``Longacre''.
SEC. 454. WEST VIRGINIA PORTS.
The Secretary shall conduct a study to determine the feasibility of
expanding public port development in West Virginia along the Ohio River
and the navigable portion of the Kanawha River from its mouth to river
mile 91.0.
SEC. 455. <<NOTE: 42 USC 1962d-21.>> JOHN GLENN GREAT LAKES BASIN
PROGRAM.
(a) Strategic Plans.--
(1) Study.--The Secretary shall conduct a comprehensive
study of the Great Lakes region to ensure the future use,
management, and protection of water resources and related
resources of the Great Lakes basin.
(2) Report.--
(A) In <<NOTE: Deadline.>> general.--As
expeditiously as possible, but not later than 3 years
after the date of enactment of this Act, and every 2
years thereafter, the Secretary shall submit to the
Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on
Environment and Public Works of the Senate a report
outlining a strategic plan for Corps of Engineers
programs and proposed Corps of Engineers projects in the
Great Lakes basin.
(B) Contents.--The plan shall include--
(i) details of projects in the Great Lakes
region relating to--
(I) navigation improvements,
maintenance, and operations for
commercial and recreational vessels;
(II) environmental restoration
activities;
(III) water level maintenance
activities;
(IV) technical and planning
assistance to States and remedial action
planning committees;
(V) sediment transport analysis,
sediment management planning, and
activities to support prevention of
excess sediment loadings;
(VI) flood damage reduction and
shoreline erosion prevention; and
(VII) all other relevant activities
of the Corps of Engineers; and
(ii) an analysis of factors limiting use of
programs and authorities of the Corps of Engineers
in existence on the date of enactment of this Act
in the Great Lakes basin, including the need for
new or modified authorities.
(3) Authorization of appropriations.--There is authorized to
be appropriated to carry out this section $1,000,000 for the
period of fiscal years 2000 through 2003.
[[Page 113 STAT. 331]]
(b) Great Lakes Biohydrological Information.--
(1) Inventory.--
(A) In general.--Not <<NOTE: Deadline.>> later than
90 days after the date of enactment of this Act, the
Secretary shall request each Federal agency that may
possess information relevant to the Great Lakes
biohydrological system to provide an inventory of all
such information in the possession of the agency.
(B) Relevant information.--For the purpose of
subparagraph (A), relevant information includes
information on--
(i) ground and surface water hydrology;
(ii) natural and altered tributary dynamics;
(iii) biological aspects of the system
influenced by and influencing water quantity and
water movement;
(iv) meteorological projections and the
impacts of weather conditions on Great Lakes water
levels; and
(v) other Great Lakes biohydrological system
data relevant to sustainable water use management.
(2) Report.--
(A) In general.--Not <<NOTE: Deadline.>> later than
18 months after the date of enactment of this Act, the
Secretary, in consultation with the States, Indian
tribes, and Federal agencies, and after requesting
information from the provinces and the federal
government of Canada, shall--
(i) compile the inventories of information;
(ii) analyze the information for consistency
and gaps; and
(iii) submit to Congress, the International
Joint Commission, and the Great Lakes States a
report that includes recommendations on ways to
improve the information base on the
biohydrological dynamics of the Great Lakes
ecosystem as a whole, so as to support
environmentally sound decisions regarding
diversions and consumptive uses of Great Lakes
water.
(B) Recommendations.--The recommendations in the
report under subparagraph (A) shall include
recommendations relating to the resources and funds
necessary for implementing improvement of the
information base.
(C) Considerations.--In developing the report under
subparagraph (A), the Secretary, in cooperation with the
Secretary of State, the Secretary of Transportation, and
the heads of other agencies as appropriate, shall
consider and report on the status of the issues
described and recommendations made in--
(i) the Report of the International Joint
Commission to the Governments of the United States
and Canada under the 1977 reference issued in
1985; and
(ii) the 1993 Report of the International
Joint Commission to the Governments of Canada and
the United States on Methods of Alleviating
Adverse Consequences of Fluctuating Water Levels
in the Great Lakes St. Lawrence Basin.
(c) Great <<NOTE: Deadline.>> Lakes Recreational Boating.--Not later
than 18 months after the date of enactment of this Act, the Secretary,
using information and studies in existence on the date of enactment of
this Act to the extent practicable, and in cooperation with the
[[Page 113 STAT. 332]]
Great Lakes States, shall submit to Congress a report detailing the
economic benefits of recreational boating in the Great Lakes basin,
particularly at harbors benefiting from operation and maintenance
projects of the Corps of Engineers.
(d) Cooperation.--In undertaking activities under this section, the
Secretary shall--
(1) encourage public participation; and
(2) cooperate, and, as appropriate, collaborate, with Great
Lakes States, tribal governments, and Canadian federal,
provincial, and tribal governments.
(e) Water Use Activities and Policies.--The Secretary may provide
technical assistance to the Great Lakes States to develop interstate
guidelines to improve the consistency and efficiency of State-level
water use activities and policies in the Great Lakes basin.
(f) Cost Sharing.--The Secretary may seek and accept funds from non-
Federal entities to be used to pay up to 25 percent of the cost of
carrying out subsections (b), (c), (d), and (e).
SEC. 456. GREAT LAKES NAVIGATIONAL SYSTEM.
In consultation with the St. Lawrence Seaway Development
Corporation, the Secretary shall review the Great Lakes Connecting
Channel and Harbors Report dated March 1985 to determine the feasibility
of undertaking any modification of the recommendations made in the
report to improve commercial navigation on the Great Lakes navigation
system, including locks, dams, harbors, ports, channels, and other
related features.
SEC. 457. NUTRIENT <<NOTE: 33 USC 1267 note.>> LOADING RESULTING
FROM DREDGED MATERIAL DISPOSAL.
(a) Study.--The Secretary shall conduct a study of nutrient loading
that occurs as a result of discharges of dredged material into open-
water sites in the Chesapeake Bay.
(b) Report.--Not <<NOTE: Deadline.>> later than 18 months after the
date of enactment of this Act, the Secretary shall submit to Congress a
report on the results of the study.
SEC. 458. UPPER MISSISSIPPI AND ILLINOIS RIVERS LEVEES AND
STREAMBANKS PROTECTION.
The Secretary shall conduct a study of erosion damage to levees and
other flood control structures on the upper Mississippi and Illinois
Rivers and the impact of increased barge and pleasure craft traffic on
deterioration of the levees and other flood control structures.
SEC. 459. <<NOTE: 33 USC 652 note.>> UPPER MISSISSIPPI RIVER
COMPREHENSIVE PLAN.
(a) Development.--The Secretary shall develop a plan to address
water resource and related land resource problems and opportunities in
the upper Mississippi and Illinois River basins, from Cairo, Illinois,
to the headwaters of the Mississippi River, in the interest of systemic
flood damage reduction by means of--
(1) structural and nonstructural flood control and
floodplain management strategies;
(2) continued maintenance of the navigation project;
(3) management of bank caving and erosion;
(4) watershed nutrient and sediment management;
(5) habitat management;
[[Page 113 STAT. 333]]
(6) recreation needs; and
(7) other related purposes.
(b) Contents.--The plan under subsection (a) shall--
(1) contain recommendations on management plans and actions
to be carried out by the responsible Federal and non-Federal
entities;
(2) specifically address recommendations to authorize
construction of a systemic flood control project for the upper
Mississippi River; and
(3) include recommendations for Federal action where
appropriate and recommendations for follow-on studies for
problem areas for which data or current technology does not
allow immediate solutions.
(c) Consultation and Use of Existing Data.--In carrying out this
section, the Secretary shall--
(1) consult with appropriate Federal and State agencies; and
(2) make maximum use of data in existence on the date of
enactment of this Act and ongoing programs and efforts of
Federal agencies and States in developing the plan under
subsection (a).
(d) Cost Sharing.--
(1) Development.--Development of the plan under subsection
(a) shall be at Federal expense.
(2) Feasibility studies.--Feasibility studies resulting from
development of the plan shall be subject to cost sharing under
section 105 of the Water Resources Development Act of 1986 (33
U.S.C. 2215).
(e) Report.--Not <<NOTE: Deadline.>> later than 3 years after the
date of enactment of this Act, the Secretary shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public Works of the
Senate a report that includes the plan under subsection (a).
SEC. 460. SUSQUEHANNA RIVER AND UPPER CHESAPEAKE BAY.
(a) In General.--The Secretary shall conduct a study of controlling
and managing waterborne debris in the interest of navigation, flood
control, environmental restoration, and other purposes in the
Susquehanna River Basin, New York, Pennsylvania, and Maryland, and the
upper Chesapeake Bay, Maryland.
(b) Evaluation of Technologies and Practices.--The study shall
include an evaluation of technologies and practices currently available,
in use, or in development in the United States for debris removal
programs at various dams and harbors and recommendations for applying
those techniques and practices in the Susquehanna River and the upper
Chesapeake Bay.
(c) Cooperation.--The study shall be conducted in cooperation with
State agencies and other Federal agencies, the Susquehanna River Basin
Commission, and owners of major dams.
TITLE V--MISCELLANEOUS PROVISIONS
SEC. 501. CORPS ASSUMPTION OF NRCS PROJECTS.
(a) Llagas Creek, California.--The Secretary may complete the
remaining reaches of the Natural Resources Conservation Service flood
control project at Llagas Creek, California, undertaken
[[Page 113 STAT. 334]]
pursuant to section 5 of the Watershed Protection and Flood Prevention
Act (16 U.S.C. 1005), substantially in accordance with the Natural
Resources Conservation Service watershed plan for Llagas Creek,
Department of Agriculture, and in accordance with the requirements of
local cooperation as specified in section 4 of that Act (16 U.S.C.
1004), at a total cost of $45,000,000, with an estimated Federal cost of
$21,800,000 and an estimated non-Federal cost of $23,200,000.
(b) Thornton Reservoir, Cook County, Illinois.--
(1) In general.--The Thornton Reservoir project, an element
of the project for flood control, Chicagoland Underflow Plan,
Illinois, authorized by section 3(a)(5) of the Water Resources
Development Act of 1988 (102 Stat. 4013), is modified to
authorize the Secretary to include additional permanent flood
control storage attributable to the Natural Resources
Conservation Service Thornton Reservoir (Structure 84), Little
Calumet River Watershed, Illinois, approved under the Watershed
Protection and Flood Prevention Act (16 U.S.C. 1001 et seq.).
(2) Limitation.--No funds may be obligated to carry out work
under the modification under paragraph (1) until completion and
approval by the Secretary of a final report by the Chief of
Engineers finding that the work is technically sound,
environmentally acceptable, and economically justified.
(3) Cost sharing.--Costs for the Thornton Reservoir project
shall be shared in accordance with section 103 of the Water
Resources Development Act of 1986 (33 U.S.C. 2213).
(4) Transitional storage.--The Secretary of Agriculture may
cooperate with non-Federal interests to provide, on a
transitional basis, flood control storage for the Natural
Resources Conservation Service Thornton Reservoir (Structure 84)
project in the west lobe of the Thornton quarry.
(5) Credit toward non-federal share.--The Secretary may
credit toward the non-Federal share of the costs of the Thornton
Reservoir project all design and construction costs incurred by
the non-Federal interests before the date of signing of the
project cooperation agreement.
(6) Reevaluation report.--The Secretary shall determine the
credits authorized by paragraph (5) that are integral to the
Thornton Reservoir project and the current total project costs
based on a limited reevaluation report.
SEC. 502. ENVIRONMENTAL INFRASTRUCTURE.
(a) In General.--Section 219(e) of the Water Resources Development
Act of 1992 (106 Stat. 4835; 110 Stat. 3757) is amended by striking
paragraphs (5) and (6) and inserting the following:
``(5) $25,000,000 for the project described in subsection
(c)(2);
``(6) $20,000,000 for the project described in subsection
(c)(9);
``(7) $30,000,000 for the project described in subsection
(c)(16); and
``(8) $30,000,000 for the project described in subsection
(c)(17).''.
(b) Additional Assistance.--Section 219 of the Water Resources
Development Act of 1992 is amended by adding at the end the following:
[[Page 113 STAT. 335]]
``(f) Additional Assistance.--The Secretary may provide assistance
under subsection (a) and assistance for construction for the following:
``(1) Atlanta, georgia.--The project described in subsection
(c)(2), modified to include $25,000,000 for watershed
restoration and development in the regional Atlanta watershed,
including Big Creek and Rock Creek.
``(2) Paterson, passaic county, and passaic valley, new
jersey.--The project described in subsection (c)(9), modified to
include $20,000,000 for drainage facilities to alleviate
flooding problems on Getty Avenue in the vicinity of St.
Joseph's Hospital for the city of Paterson, New Jersey, and
Passaic County, New Jersey, and innovative facilities to manage
and treat additional flows in the Passaic Valley, Passaic River
basin, New Jersey.
``(3) Nashua, new hampshire.--$20,000,000 for a project to
eliminate or control combined sewer overflows in the city of
Nashua, New Hampshire.
``(4) Fall river and new bedford, massachusetts.--
$15,000,000 for a project to eliminate or control combined sewer
overflows in the cities of Fall River and New Bedford,
Massachusetts.
``(5) Findlay township, pennsylvania.--$11,000,000 for water
and wastewater infrastructure in Findlay Township, Allegheny
County, Pennsylvania.
``(6) Dillsburg borough authority, pennsylvania.--$2,000,000
for water and wastewater infrastructure in Franklin Township,
York County, Pennsylvania.
``(7) Hampden township, pennsylvania.--$3,000,000 for water,
sewer, and storm sewer improvements in Hampden Township,
Pennsylvania.
``(8) Towamencin township, pennsylvania.--$1,500,000 for
sanitary sewer and water and wastewater infrastructure in
Towamencin Township, Pennsylvania.
``(9) Dauphin county, pennsylvania.--$2,000,000 for a
project to eliminate or control combined sewer overflows and
water system rehabilitation for the city of Harrisburg, Dauphin
County, Pennsylvania.
``(10) Eastern shore and southwest virginia.--$20,000,000
for water supply and wastewater infrastructure projects in the
counties of Accomac, Northampton, Lee, Norton, Wise, Scott,
Russell, Dickenson, Buchanan, and Tazewell, Virginia.
``(11) Northeast pennsylvania.--$20,000,000 for water
related infrastructure in the counties of Lackawanna, Lycoming,
Susquehanna, Wyoming, Pike, Wayne, Sullivan, Bradford, and
Monroe, Pennsylvania, including assistance for the
Mountoursville Regional Sewer Authority, Lycoming County,
Pennsylvania.
``(12) Calumet region, indiana.--$10,000,000 for water
related infrastructure projects in the counties of Lake and
Porter, Indiana.
``(13) Clinton county, pennsylvania.--$1,000,000 for water
related infrastructure in Clinton County, Pennsylvania.
``(14) Patton township, pennsylvania.--$1,400,000 for water
related infrastructure in Patton Township, Pennsylvania.
[[Page 113 STAT. 336]]
``(15) North fayette township, allegheny county,
pennsylvania.--$500,000 for water related infrastructure in
North Fayette Township, Allegheny County, Pennsylvania.
``(16) Springdale borough, pennsylvania.--$500,000 for water
related infrastructure in Springdale Borough, Pennsylvania.
``(17) Robinson township, pennsylvania.--$1,200,000 for
water related infrastructure in Robinson Township, Pennsylvania.
``(18) Upper allen township, pennsylvania.--$3,400,000 for
water related infrastructure in Upper Allen Township,
Pennsylvania.
``(19) Jefferson township, greene county, pennsylvania.--
$1,000,000 for water related infrastructure in Jefferson
Township, Greene County, Pennsylvania.
``(20) Lumberton, north carolina.--$1,700,000 for water and
wastewater infrastructure projects in Lumberton, North Carolina.
``(21) Baton rouge, louisiana.--$10,000,000 for water
related infrastructure for the parishes of East Baton Rouge,
Ascension, and Livingston, Louisiana.
``(22) East san joaquin county, california.--$25,000,000 for
ground water recharge and conjunctive use projects in Stockton
East Water District, California.
``(23) Sacramento area, california.--$25,000,000 for
regional water conservation and recycling projects in Placer and
El Dorado Counties and the San Juan Suburban Water District,
California.
``(24) Cumberland county, tennessee.--$5,000,000 for water
supply projects in Cumberland County, Tennessee.
``(25) Lakes marion and moultrie, south carolina.--
$5,000,000 for water supply treatment and distribution projects
in the counties of Calhoun, Clarendon, Colleton, Dorchester,
Orangeberg, and Sumter, South Carolina.
``(26) Bridgeport, connecticut.--$10,000,000 for a project
to eliminate or control combined sewer overflows in the city of
Bridgeport, Connecticut.
``(27) Hartford, connecticut.--$10,000,000 for a project to
eliminate or control combined sewer overflows in the city of
Hartford, Connecticut.
``(28) New haven, connecticut.--$10,000,000 for a project to
eliminate or control combined sewer overflows in the city of New
Haven, Connecticut.
``(29) Oakland county, michigan.--$20,000,000 for a project
to eliminate or control combined sewer overflows in the cities
of Berkley, Ferndale, Madison Heights, Royal Oak, Birmingham,
Hazel Park, Oak Park, Southfield, Clawson, Huntington Woods,
Pleasant Ridge, and Troy, and the village of Beverly Hills, and
the Charter Township of Royal Oak, Michigan.
``(30) Desoto county, mississippi.--$10,000,000 for a
wastewater treatment project in the county of DeSoto,
Mississippi.
``(31) Kansas city, missouri.--$15,000,000 for a project to
eliminate or control combined sewer overflows in the city of
Kansas City, Missouri.
[[Page 113 STAT. 337]]
``(32) St. louis, missouri.--$15,000,000 for a project to
eliminate or control combined sewer overflows in the city of St.
Louis, Missouri.
``(33) Elizabeth, new jersey.--$20,000,000 for a project to
eliminate or control combined sewer overflows in the city of
Elizabeth, New Jersey.
``(34) North hudson, new jersey.--$10,000,000 for a project
to eliminate or control combined sewer overflows in the city of
North Hudson, New Jersey.
``(35) Inner harbor project, new york, new york.--
$15,000,000 for a project to eliminate or control combined sewer
overflows for the inner harbor project, New York, New York.
``(36) Outer harbor project, new york, new york.--
$15,000,000 for a project to eliminate or control combined sewer
overflows for the outer harbor project, New York, New York.
``(37) Lebanon, new hampshire.--$8,000,000 for a project to
eliminate or control combined sewer overflows in the city of
Lebanon, New Hampshire.
``(38) Astoria, oregon.--$5,000,000 for a project to
eliminate or control combined sewer overflows in the city of
Astoria, Oregon.
``(39) Cache county, utah.--$5,000,000 for a wastewater
infrastructure project for Cache County, Utah.
``(40) Lawton, oklahoma.--$5,000,000 for a wastewater
infrastructure project for the city of Lawton, Oklahoma.
``(41) Lancaster, california.--$1,500,000 for a project to
provide water facilities for the Fox Field Industrial Corridor,
Lancaster, California.
``(42) San ramon valley, california.--$15,000,000 for a
project for recycled water for San Ramon Valley, California.
``(43) Harbor/south bay, california.--$15,000,000 for an
industrial water reuse project for the Harbor/South Bay area,
California.''.
SEC. 503. <<NOTE: 33 USC 2314 note.>> CONTAMINATED SEDIMENT DREDGING
TECHNOLOGY.
(a) Review of Innovative Dredging Technologies.--
(1) In <<NOTE: Deadline.>> general.--Not later than June 1,
2001, the Secretary shall complete a review of innovative
dredging technologies designed to minimize or eliminate
contamination of a water column upon removal of contaminated
sediments.
(2) Testing.--
(A) Selection of technology.--After completion of
the review under paragraph (1), the Secretary shall
select, from among the technologies reviewed, the
technology that the Secretary determines will best
increase the effectiveness of removing contaminated
sediments and significantly reduce contamination of the
water column.
(B) Agreement.--Not <<NOTE: Deadline.>> later than
December 31, 2001, the Secretary shall enter into an
agreement with a public or private entity to test the
selected technology in the vicinity of Peoria Lakes,
Illinois.
(3) Authorization of appropriations.--There is authorized to
be appropriated to carry out this subsection $2,000,000.
(b) Accelerated Adoption of Innovative Technologies.--Section 8 of
the Water Resources Development Act of 1988 (33 U.S.C. 2314) is
amended--
[[Page 113 STAT. 338]]
(1) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(2) by inserting after subsection (a) the following:
``(b) Accelerated Adoption of Innovative Technologies for Management
of Contaminated Sediments.--
``(1) Test projects.--The Secretary shall approve an
appropriate number of projects to test, under actual field
conditions, innovative technologies for environmentally sound
management of contaminated sediments.
``(2) Demonstration projects.--The Secretary may approve an
appropriate number of projects to demonstrate innovative
technologies that have been pilot tested under paragraph (1).
``(3) Conduct of projects.--Each pilot project under
paragraph (1) and demonstration project under paragraph (2)
shall be conducted by a university with proven expertise in the
research and development of contaminated sediment treatment
technologies and innovative applications using waste materials.
``(4) Location.--At least 1 of the projects under this
subsection shall be conducted in New England by the University
of New Hampshire.''.
SEC. 504. DAM SAFETY.
(a) Assistance.--The Secretary may provide assistance to enhance dam
safety at the following locations:
(1) Healdsburg Veteran's Memorial Dam, California.
(2) Kehly Run Dam, Pennsylvania.
(3) Sweet Arrow Lake Dam, Pennsylvania.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $6,000,000.
SEC. 505. GREAT LAKES REMEDIAL ACTION PLANS.
Section 401(a)(2) of the Water Resources Development Act of 1990 (33
U.S.C. 1268 note; 104 Stat. 4644; 110 Stat. 3763) is amended--
(1) by striking ``Non-Federal'' and inserting the following:
``(A) In general.--Non-Federal''; and
(2) by adding at the end the following:
``(B) Contributions by entities.--Nonprofit public
or private entities may contribute all or a portion of
the non-Federal share.''.
SEC. 506. PROJECTS FOR IMPROVEMENT OF THE ENVIRONMENT.
Section 1135(c) of the Water Resources Development Act of 1986 (33
U.S.C. 2309a(c)) is amended--
(1) by striking ``If the Secretary'' and inserting the
following:
``(1) In general.--If the Secretary''; and
(2) by adding at the end the following:
``(2) Control of sea lamprey.--Congress finds that--
``(A) the Great Lakes navigation system has been
instrumental in the spread of sea lamprey and the
associated impacts on its fishery; and
``(B) the use of the authority under this subsection
for control of sea lamprey at any Great Lakes basin
location is appropriate.''.
[[Page 113 STAT. 339]]
SEC. 507. MAINTENANCE OF NAVIGATION CHANNELS.
Section 509(a) of the Water Resources Development Act of 1996 (110
Stat. 3759) is amended by adding at the end the following:
``(12) Acadiana Navigation Channel, Louisiana.
``(13) Contraband Bayou, Louisiana, as part of the Calcasieu
River and Pass Ship Channel.
``(14) Lake Wallula Navigation Channel, Washington.
``(15) Wadley Pass (also known as `McGriff Pass'), Suwanee
River, Florida.''.
SEC. 508. <<NOTE: 42 USC 1962d-20 note.>> MEASUREMENTS OF LAKE MICHIGAN
DIVERSIONS, ILLINOIS.
Section 1142(b) of the Water Resources Development Act of 1986 (100
Stat. 4253) is amended by striking ``$250,000 per fiscal year for each
fiscal year beginning after September 30, 1986,'' and inserting
``$1,250,000 for each of fiscal years 1999 through 2003''.
SEC. 509. UPPER MISSISSIPPI RIVER ENVIRONMENTAL MANAGEMENT
PROGRAM.
(a) Authorized Activities.--Section 1103(e) of the Water Resources
Development Act of 1986 (33 U.S.C. 652(e)) is amended by striking
``(e)(1)'' and all that follows through the end of paragraph (1) and
inserting the following:
``(e) Program Authority.--
``(1) Authority.--
``(A) In general.--The Secretary, in consultation
with the Secretary of the Interior and the States of
Illinois, Iowa, Minnesota, Missouri, and Wisconsin, may
undertake, as identified in the master plan--
``(i) a program for the planning,
construction, and evaluation of measures for fish
and wildlife habitat rehabilitation and
enhancement; and
``(ii) implementation of a long-term resource
monitoring, computerized data inventory and
analysis, and applied research program.
``(B) Advisory committee.--In carrying out
subparagraph (A)(i), the Secretary shall establish an
independent technical advisory committee to review
projects, monitoring plans, and habitat and natural
resource needs assessments.''.
(b) Reports.--Section 1103(e) of the Water Resources Development Act
of 1986 (33 U.S.C. 652(e)) is amended by striking paragraph (2) and
inserting the following:
``(2) Reports.--Not <<NOTE: Deadline.>> later than December
31, 2004, and not later than December 31 of every sixth year
thereafter, the Secretary, in consultation with the Secretary of
the Interior and the States of Illinois, Iowa, Minnesota,
Missouri, and Wisconsin, shall submit to Congress a report
that--
``(A) contains an evaluation of the programs
described in paragraph (1);
``(B) describes the accomplishments of each of the
programs;
``(C) provides updates of a systemic habitat needs
assessment; and
``(D) identifies any needed adjustments in the
authorization of the programs.''.
[[Page 113 STAT. 340]]
(c) Authorization of Appropriations.--Section 1103(e) of the Water
Resources Development Act of 1986 (33 U.S.C. 652(e)) is amended--
(1) in paragraph (3)--
(A) by striking ``(1)(A)'' and inserting
``(1)(A)(i)''; and
(B) by striking ``Secretary not to exceed'' and all
that follows before the period at the end and inserting
``Secretary $22,750,000 for fiscal year 1999 and each
fiscal year thereafter'';
(2) in paragraph (4)--
(A) by striking ``(1)(B)'' and inserting
``(1)(A)(ii)''; and
(B) by striking ``Secretary not to exceed'' and all
that follows before the period at the end and inserting
``Secretary $10,420,000 for fiscal year 1999 and each
fiscal year thereafter''; and
(3) by striking paragraph (5) and inserting the following:
``(5) Authorization of appropriations.--There is authorized
to be appropriated to carry out paragraph (1)(A)(i) $350,000 for
each of fiscal years 1999 through 2009.''.
(d) Transfer of Amounts.--Section 1103(e) of the Water Resources
Development Act of 1986 (33 U.S.C. 652(e)) is amended by striking
paragraph (6) and inserting the following:
``(6) Transfer of amounts.--For fiscal year 1999 and each
fiscal year thereafter, the Secretary, in consultation with the
Secretary of the Interior and the States of Illinois, Iowa,
Minnesota, Missouri, and Wisconsin, may transfer not to exceed
20 percent of the amounts appropriated to carry out clause (i)
or (ii) of paragraph (1)(A) to the amounts appropriated to carry
out the other of those clauses.''.
(e) Cost Sharing.--Section 1103(e)(7)(A) of the Water Resources
Development Act of 1986 (33 U.S.C. 652(e)(7)(A)) is amended by inserting
before the period at the end the following: ``and, in the case of any
project requiring non-Federal cost sharing, the non-Federal share of the
cost of the project shall be 35 percent''.
(f) Habitat Needs Assessment.--Section 1103(h)(2) of the Water
Resources Development Act of 1986 (33 U.S.C. 652(h)(2)) is amended--
(1) by striking ``(2) The Secretary'' and inserting the
following:
``(2) Determination.--
``(A) In general.--The Secretary''; and
(2) by adding at the end the following:
``(B) Requirements.--The Secretary shall--
``(i) complete the ongoing habitat needs
assessment conducted under this paragraph not
later than September 30, 2000; and
``(ii) include in each report under subsection
(e)(2) the most recent habitat needs assessment
conducted under this paragraph.''.
(g) Conforming Amendments.--Section 1103 of the Water Resources
Development Act of 1986 (33 U.S.C. 652) is amended--
(1) in subsection (e)(7)--
(A) in subparagraph (A), by striking ``(1)(A)'' and
inserting ``(1)(A)(i)''; and
(B) in subparagraph (B), by striking ``paragraphs
(1)(B) and (1)(C)'' and inserting ``paragraph
(1)(A)(ii)''; and
(2) in subsection (f)(2)--
[[Page 113 STAT. 341]]
(A) by striking ``(2)(A)'' and inserting ``(2)'';
and
(B) by striking subparagraph (B).
SEC. 510. ATLANTIC COAST OF NEW YORK.
Section 404(c) of the Water Resources Development Act of 1992 (106
Stat. 4863) is amended in the first sentence--
(1) by striking ``is'' and inserting ``are''; and
(2) by inserting after ``1997'' the following: ``, and an
additional total of $2,500,000 for fiscal years thereafter''.
SEC. 511. <<NOTE: 33 USC 2201 note.>> WATER CONTROL MANAGEMENT.
(a) In General.--In evaluating potential improvements for water
control management activities and consolidation of water control
management centers, the Secretary may consider a regionalized water
control management plan but may not implement such a plan until the date
on which a report is submitted under subsection (b).
(b) Report.--Not <<NOTE: Deadline.>> later than 180 days after the
date of enactment of this Act, the Secretary shall submit to the
Committee on Transportation and Infrastructure and the Committee on
Appropriations of the House of Representatives and the Committee on
Environment and Public Works and the Committee on Appropriations of the
Senate a report containing--
(1) a description of the primary objectives of streamlining
water control management activities;
(2) a description of the benefits provided by streamlining
water control management activities through consolidation of
centers for those activities;
(3) a determination whether the benefits to users of
establishing regional water control management centers will be
retained in each district office of the Corps of Engineers that
does not have a regional center;
(4) a determination whether users of regional centers will
receive a higher level of benefits from streamlining water
control management activities; and
(5) a list of the members of Congress who represent a
district that includes a water control management center that is
to be eliminated under a proposed regionalized plan.
SEC. 512. BENEFICIAL USE 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) Bodega bay, california.--A project to make beneficial
use of dredged material from a Federal navigation project in
Bodega Bay, California.
(2) Sabine refuge, louisiana.--A project to make beneficial
use of dredged material from Federal navigation projects in the
vicinity of Sabine Refuge, Louisiana.
(3) Hancock, harrison, and jackson counties, mississippi.--A
project to make beneficial use of dredged material from a
Federal navigation project in Hancock, Harrison, and Jackson
Counties, Mississippi.
(4) Rose city marsh, orange county, texas.--A project to
make beneficial use of dredged material from a Federal
navigation project in Rose City Marsh, Orange County, Texas.
[[Page 113 STAT. 342]]
(5) Bessie heights marsh, orange county, texas.--A project
to make beneficial use of dredged material from a Federal
navigation project in Bessie Heights Marsh, Orange County,
Texas.
SEC. 513. DESIGN AND CONSTRUCTION ASSISTANCE.
Section 507 of the Water Resources Development Act of 1996 (110
Stat. 3758) is amended by striking paragraph (2) and inserting the
following:
``(2) Expansion and improvement of Long Pine Run Dam,
Pennsylvania, and associated water infrastructure, in accordance
with subsections (b) through (e) of section 313 of the Water
Resources Development Act of 1992 (106 Stat. 4845), at a total
cost of $20,000,000.''.
SEC. 514. MISSOURI AND MIDDLE MISSISSIPPI RIVERS ENHANCEMENT
PROJECT.
(a) Definitions.--In this section:
(1) Middle mississippi river.--The term ``middle Mississippi
River'' means the reach of the Mississippi River from the mouth
of the Ohio River (river mile 0, upper Mississippi River) to the
mouth of the Missouri River (river mile 195).
(2) Missouri river.--The term ``Missouri River'' means the
main stem and floodplain of the Missouri River (including
reservoirs) from its confluence with the Mississippi River at
St. Louis, Missouri, to its headwaters near Three Forks,
Montana.
(3) Project.--The term ``project'' means the project
authorized by this section.
(b) Protection and Enhancement Activities.--
(1) Plan.--
(A) Development.--Not <<NOTE: Deadline.>> later than
180 days after the date of enactment of this Act, the
Secretary shall develop a plan for a project to protect
and enhance fish and wildlife habitat of the Missouri
River and the middle Mississippi River.
(B) Activities.--
(i) In general.--The plan shall provide for
such activities as are necessary to protect and
enhance fish and wildlife habitat without
adversely affecting--
(I) the water-related needs of the
region surrounding the Missouri River
and the middle Mississippi River,
including flood control, navigation,
recreation, and enhancement of water
supply; and
(II) private property rights.
(ii) Required activities.--The plan shall
include--
(I) modification and improvement of
navigation training structures to
protect and enhance fish and wildlife
habitat;
(II) modification and creation of
side channels to protect and enhance
fish and wildlife habitat;
(III) restoration and creation of
island fish and wildlife habitat;
(IV) creation of riverine fish and
wildlife habitat;
[[Page 113 STAT. 343]]
(V) establishment of criteria for
prioritizing the type and sequencing of
activities based on cost-effectiveness
and likelihood of success; and
(VI) physical and biological
monitoring for evaluating the success of
the project, to be performed by the
River Studies Center of the United
States Geological Survey in Columbia,
Missouri.
(2) Implementation of activities.--
(A) In general.--Using funds made available to carry
out this section, the Secretary shall carry out the
activities described in the plan.
(B) Use of existing authority for unconstructed
features of the project.--Using funds made available to
the Secretary under other law, the Secretary shall
design and construct any feature of the project that may
be carried out using the authority of the Secretary to
modify an authorized project, if the Secretary
determines that the design and construction will--
(i) accelerate the completion of activities to
protect and enhance fish and wildlife habitat of
the Missouri River or the middle Mississippi
River; and
(ii) be compatible with the project purposes
described in this section.
(c) Integration of Other Activities.--
(1) In general.--In carrying out the activities described in
subsection (b), the Secretary shall integrate the activities
with other Federal, State, and tribal activities.
(2) New authority.--Nothing in this section confers any new
regulatory authority on any Federal or non-Federal entity that
carries out any activity authorized by this section.
(d) Public Participation.--In developing and carrying out the plan
and the activities described in subsection (b), the Secretary shall
provide for public review and comment in accordance with applicable
Federal law, including--
(1) providing advance notice of meetings;
(2) providing adequate opportunity for public input and
comment;
(3) maintaining appropriate records; and
(4) compiling a record of the proceedings of meetings.
(e) Compliance With Applicable Law.--In carrying out the plan and
the activities described in subsections (b) and (c), the Secretary shall
comply with any applicable Federal law, including the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(f) Cost Sharing.--
(1) Non-federal share.--The non-Federal share of the cost of
the project shall be 35 percent.
(2) Federal share.--The Federal share of the cost of any 1
activity described in subsection (b) shall not exceed
$5,000,000.
(3) Operation and maintenance.--The operation and
maintenance of the project shall be a non-Federal
responsibility.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to pay the Federal share of the cost of carrying out this
section $30,000,000 for the period of fiscal years 2000 and 2001.
[[Page 113 STAT. 344]]
SEC. 515. IRRIGATION <<NOTE: 33 USC 2333.>> DIVERSION PROTECTION
AND FISHERIES ENHANCEMENT ASSISTANCE.
(a) In General.--The Secretary may provide technical planning and
design assistance to non-Federal interests and may conduct other site-
specific studies to formulate and evaluate fish screens, fish passages
devices, and other measures to decrease the incidence of juvenile and
adult fish inadvertently entering irrigation systems.
(b) Cooperation.--Measures under subsection (a)--
(1) shall be developed in cooperation with Federal and State
resource agencies; and
(2) shall not impair the continued withdrawal of water for
irrigation purposes.
(c) Priority.--In providing assistance under subsection (a), the
Secretary shall give priority based on--
(1) the objectives of the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.);
(2) cost-effectiveness; and
(3) the potential for reducing fish mortality.
(d) Non-Federal Share.--
(1) In general.--The non-Federal share of the cost of
measures under subsection (a) shall be 50 percent.
(2) In-kind contributions.--Not more than 50 percent of the
non-Federal contribution may be made through the provision of
services, materials, supplies, or other in-kind contributions.
(e) No Construction Activity.--This section does not authorize any
construction activity.
(f) Report.--Not <<NOTE: Deadline.>> later than 2 years after the
date of enactment of this Act, the Secretary shall submit to Congress a
report on--
(1) fish mortality caused by irrigation water intake
devices;
(2) appropriate measures to reduce fish mortality;
(3) the extent to which those measures are currently being
employed in arid States;
(4) the construction costs associated with those measures;
and
(5) the appropriate Federal role, if any, to encourage the
use of those measures.
SEC. 516. INNOVATIVE <<NOTE: 33 USC 2334.>> TECHNOLOGIES FOR
WATERSHED RESTORATION.
The Secretary shall examine using, and, if appropriate, encourage
the use of, innovative treatment technologies, including membrane
technologies, for watershed and environmental restoration and protection
projects involving water quality.
SEC. 517. EXPEDITED CONSIDERATION OF CERTAIN PROJECTS.
The Secretary shall expedite completion of the reports for the
following projects and, if justified, proceed directly to project
preconstruction, engineering, and design:
(1) Sluice Creek, Guilford, Connecticut, and Lighthouse
Point Park, New Haven, Connecticut.
(2) Alafia Channel, Tampa Harbor, Florida, project for
navigation.
(3) Little Calumet River, Indiana.
(4) Ohio River Greenway, Indiana, project for environmental
restoration and recreation.
[[Page 113 STAT. 345]]
(5) Mississippi River, West Baton Rouge Parish, Louisiana,
project for waterfront and riverine preservation, restoration,
and enhancement modifications.
(6) Extension of locks 20, 21, 22, 24, and 25 on the upper
Mississippi River and the La Grange and Peoria locks on the
Illinois River, project to provide lock chambers 110 feet in
width and 1,200 feet in length.
SEC. 518. DOG RIVER, ALABAMA.
The Secretary shall provide $1,500,000 for environmental restoration
for a pilot project, in cooperation with non-Federal interests, to
restore natural water depths in the Dog River, Alabama.
SEC. 519. LEVEES IN ELBA AND GENEVA, ALABAMA.
(a) Elba, Alabama.--
(1) In general.--The Secretary may repair and rehabilitate a
levee in the city of Elba, Alabama, at a total cost of
$12,900,000.
(2) Cost sharing.--The non-Federal share of the cost of
repair and rehabilitation under paragraph (1) shall be 35
percent.
(b) Geneva, Alabama.--
(1) In general.--The Secretary may repair and rehabilitate a
levee in the city of Geneva, Alabama, at a total cost of
$16,600,000.
(2) Cost sharing.--The non-Federal share of the cost of
repair and rehabilitation under paragraph (1) shall be 35
percent.
SEC. 520. NAVAJO RESERVATION, ARIZONA, NEW MEXICO, AND UTAH.
(a) In General.--In cooperation with other appropriate Federal and
local agencies, the Secretary shall undertake a survey of, and provide
technical, planning, and design assistance for, watershed management,
restoration, and development on the Navajo Indian Reservation, Arizona,
New Mexico, and Utah.
(b) Cost Sharing.--The Federal share of the cost of activities
carried out under this section shall be 75 percent. Funds made available
under the Indian Self-Determination and Education Assistance Act (25
U.S.C. 450 et seq.) may be used by the Navajo Nation in meeting the non-
Federal share of the cost of the activities.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $12,000,000 for the period
beginning with fiscal year 2000.
SEC. 521. BEAVER LAKE, ARKANSAS, WATER SUPPLY STORAGE
REALLOCATION.
The Secretary shall reallocate approximately 31,000 additional acre-
feet at Beaver Lake, Arkansas, to water supply storage at no cost to the
Beaver Water District or the Carroll-Boone Water District, except that
at no time shall the bottom of the conservation pool be at an elevation
that is less than 1,076 feet, NGVD.
SEC. 522. BEAVER LAKE TROUT PRODUCTION FACILITY, ARKANSAS.
Not <<NOTE: Deadline.>> later than 2 years after the date of
enactment of this Act, the Secretary, in conjunction with the State of
Arkansas, shall prepare a plan for the mitigation of effects of the
Beaver Dam project on Beaver Lake, including the benefits of and
schedule
[[Page 113 STAT. 346]]
for construction of the Beaver Lake trout production facility and
related facilities.
SEC. 523. CHINO DAIRY PRESERVE, CALIFORNIA.
(a) Technical Assistance.--The Secretary, in coordination with the
heads of other Federal agencies, shall provide technical assistance to
State and local agencies in the study, design, and implementation of
measures for flood damage reduction and environmental restoration and
protection in the Santa Ana River watershed, California, with particular
emphasis on structural and nonstructural measures in the vicinity of the
Chino Dairy Preserve.
(b) Cost Sharing.--The non-Federal share of the cost of activities
assisted under subsection (a) shall be 50 percent.
(c) Comprehensive Study.--The Secretary shall conduct a feasibility
study to determine the most cost-effective plan for flood damage
reduction and environmental restoration and protection in the vicinity
of the Chino Dairy Preserve, Santa Ana River watershed, Orange County
and San Bernardino County, California.
SEC. 524. ORANGE AND SAN DIEGO COUNTIES, CALIFORNIA.
(a) In General.--The Secretary, in cooperation with local
governments, may prepare special area management plans for Orange and
San Diego Counties, California, to demonstrate the effectiveness of
using the plans to provide information regarding aquatic resources.
(b) Use of Plans.--The Secretary may--
(1) use plans described in subsection (a) in making
regulatory decisions; and
(2) issue permits consistent with the plans.
SEC. 525. RUSH CREEK, NOVATO, CALIFORNIA.
The Secretary shall carry out a project for flood control under
section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s) at Rush
Creek, Novato, California, if the Secretary determines that the project
is technically sound, environmentally acceptable, and economically
justified.
SEC. 526. SANTA CRUZ HARBOR, CALIFORNIA.
The Secretary may--
(1) modify the cooperative agreement with the Santa Cruz
Port District, California, to reflect unanticipated additional
dredging effort; and
(2) extend the agreement for 10 years.
SEC. 527. LOWER ST. JOHNS RIVER BASIN, FLORIDA.
(a) Computer Model.--
(1) In general.--The Secretary may apply the computer model
developed under the St. Johns River basin feasibility study to
assist non-Federal interests in developing strategies for
improving water quality in the Lower St. Johns River basin,
Florida.
(2) Cost sharing.--The non-Federal share of the cost of
activities assisted under paragraph (1) shall be 50 percent.
(b) Topographic Survey.--The Secretary may provide 1-foot contour
topographic survey maps of the Lower St. Johns River basin, Florida, to
non-Federal interests for analyzing environmental data and establishing
benchmarks for subbasins.
[[Page 113 STAT. 347]]
SEC. 528. MAYO'S BAR LOCK AND DAM, COOSA RIVER, ROME, GEORGIA.
(a) In General.--The Secretary may provide technical assistance
(including planning, engineering, and design assistance) for the
reconstruction of the Mayo's Bar Lock and Dam, Coosa River, Rome,
Georgia.
(b) Non-Federal Share.--The non-Federal share of the cost of
activities assisted under subsection (a) shall be 50 percent.
SEC. 529. COMPREHENSIVE FLOOD IMPACT RESPONSE MODELING SYSTEM,
CORALVILLE RESERVOIR AND IOWA RIVER
WATERSHED, IOWA.
(a) In General.--The Secretary, in cooperation with the University
of Iowa, shall conduct a study and develop a comprehensive flood impact
response modeling system for Coralville Reservoir and the Iowa River
watershed, Iowa.
(b) Study.--The study shall include--
(1) an evaluation of the combined hydrologic, geomorphic,
environmental, economic, social, and recreational impacts of
operating strategies within the watershed;
(2) creation of an integrated, dynamic flood impact model;
and
(3) the development of a rapid response system to be used
during flood and emergency situations.
(c) Report <<NOTE: Deadline.>> to Congress.--Not later than 5 years
after the date of enactment of this Act, the Secretary shall submit a
report to Congress on the results of the study and modeling system and
such recommendations as the Secretary determines to be appropriate.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $3,000,000.
SEC. 530. ADDITIONAL CONSTRUCTION ASSISTANCE IN ILLINOIS.
The Secretary may carry out the project for Georgetown, Illinois,
and the project for Olney, Illinois, referred to in House Report Number
104-741, accompanying the Safe Drinking Water Act Amendments of 1996
(Public Law 104-182).
SEC. 531. KANOPOLIS LAKE, KANSAS.
(a) Water Storage.--The Secretary shall offer to the State of Kansas
the right to purchase water storage in Kanopolis Lake, Kansas, at the
average of--
(1) the cost calculated in accordance with the terms of the
memorandum of understanding entitled ``Memorandum of
Understanding Between the State of Kansas and the U.S.
Department of the Army Concerning the Purchase of Municipal and
Industrial Water Supply Storage'', dated December 11, 1985; and
(2) the cost calculated in accordance with procedures
established as of the date of enactment of this Act by the
Secretary to determine the cost of water storage at other
projects under the Secretary's jurisdiction.
(b) Effective Date.--For the purposes of this section, the effective
date of the memorandum of understanding referred to in subsection (a)(1)
shall be deemed to be the date of enactment of this Act.
[[Page 113 STAT. 348]]
SEC. 532. SOUTHERN AND EASTERN KENTUCKY.
Section 531 of the Water Resources Development Act of 1996 (110
Stat. 3773) is amended--
(1) in subsection (b)--
(A) by striking ``and surface'' and inserting
``surface''; and
(B) by striking ``development.'' and inserting
``development, and small stream flooding, local storm
water drainage, and related problems.'';
(2) in subsection (d)(1), by adding at the end the
following: ``Notwithstanding section 221(b) of the Flood Control
Act of 1970 (42 U.S.C. 1962d-5b(b)), for any project undertaken
under this section, with the consent of the affected local
government, a non-Federal interest may include a nonprofit
entity.''; and
(3) in subsection (h), by striking ``$10,000,000'' and
inserting ``$25,000,000''.
SEC. 533. SOUTHEAST LOUISIANA.
Section 533(c) of the Water Resources Development Act of 1996 (110
Stat. 3775) is amended by striking ``$100,000,000'' and inserting
``$250,000,000''.
SEC. 534. SNUG HARBOR, MARYLAND.
(a) In General.--The Secretary, in coordination with the Director of
the Federal Emergency Management Agency, may--
(1) provide technical assistance to the residents of Snug
Harbor, in the vicinity of Berlin, Maryland, for the purpose of
flood damage reduction;
(2) conduct a study of a project consisting of nonstructural
measures for flood damage reduction in the vicinity of Snug
Harbor, Maryland, taking into account the relationship of both
the Ocean City Inlet and Assateague Island to the flooding; and
(3) after completion of the study, carry out the project
under section 205 of the Flood Control Act of 1948 (33 U.S.C.
701s).
(b) FEMA Assistance.--The Director, in coordination with the
Secretary and under the authorities of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), may
provide technical assistance and nonstructural measures for flood damage
mitigation in the vicinity of Snug Harbor, Maryland.
(c) Cost Sharing.--
(1) Federal share.--The Federal share of the cost of
assistance under this section shall not exceed $3,000,000.
(2) Non-federal share.--The non-Federal share of the cost of
assistance under this section shall be determined in accordance
with title I of the Water Resources Development Act of 1986 (33
U.S.C. 2211 et seq.) or the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et seq.), as
appropriate.
SEC. 535. WELCH POINT, ELK RIVER, CECIL COUNTY, AND CHESAPEAKE
CITY, MARYLAND.
(a) Spillage of Dredged Materials.--The Secretary shall carry out a
study to determine whether the spillage of dredged materials that were
removed as part of the project for navigation,
[[Page 113 STAT. 349]]
Inland Waterway from Delaware River to Chesapeake Bay, Delaware and
Maryland, authorized by the first section of the Act of August 30, 1935
(49 Stat. 1030, chapter 831), is a significant impediment to vessels
transiting the Elk River near Welch Point, Maryland. If the Secretary
determines that the spillage is an impediment to navigation, the
Secretary may conduct such dredging as may be required to permit
navigation on the river.
(b) Damage to Water Supply.--The Secretary shall carry out a study
to determine whether additional compensation is required to fully
compensate the city of Chesapeake, Maryland, for damage to the city's
water supply resulting from dredging of the Chesapeake and Delaware
Canal project. If the Secretary determines that such additional
compensation is required, the Secretary may provide the compensation to
the city of Chesapeake.
SEC. 536. CAPE COD CANAL RAILROAD BRIDGE, BUZZARDS BAY,
MASSACHUSETTS.
(a) Alternative Transportation.--The Secretary may provide up to
$300,000 for meeting the need for alternative transportation that may
arise as a result of the operation, maintenance, repair, and
rehabilitation of the Cape Cod Canal Railroad Bridge.
(b) Operation and Maintenance Contract Renegotiation.--
Not <<NOTE: Deadline.>> later than 60 days after the date of enactment
of this Act, the Secretary shall enter into negotiation with the owner
of the railroad right-of-way for the Cape Cod Canal Railroad Bridge for
the purpose of establishing the rights and responsibilities for the
operation and maintenance of the Bridge. The Secretary may include in
any new contract the termination of the prior contract numbered ER-W175-
ENG-1.
SEC. 537. ST. LOUIS, MISSOURI.
(a) Demonstration Project.--The Secretary, in consultation with
local officials, shall conduct a demonstration project to improve water
quality in the vicinity of St. Louis, Missouri.
(b) Authorization of Appropriations.--There is authorized to be
appropriated $1,700,000 to carry out this section.
SEC. 538. BEAVER BRANCH OF BIG TIMBER CREEK, NEW JERSEY.
At the request of the State of New Jersey or a political subdivision
of the State, using authority under law in effect on the date of
enactment of this Act, the Secretary may--
(1) compile and disseminate information on floods and flood
damage, including identification of areas subject to inundation
by floods; and
(2) provide technical assistance regarding floodplain
management for the Beaver Branch of Big Timber Creek, New
Jersey.
SEC. 539. LAKE ONTARIO AND ST. LAWRENCE RIVER WATER LEVELS, NEW
YORK.
On request, the Secretary may provide technical assistance to the
International Joint Commission and the St. Lawrence River Board of
Control in undertaking studies on the effects of fluctuating water
levels on the natural environment, recreational boating, property
flooding, and erosion along the shorelines of Lake Ontario and the St.
Lawrence River in New York. The Commission and
[[Page 113 STAT. 350]]
the Board are encouraged to conduct such studies in a comprehensive and
thorough manner before implementing any change to Water Regulation Plan
1958-D.
SEC. 540. NEW <<NOTE: 33 USC 2326b note.>> YORK-NEW JERSEY HARBOR,
NEW YORK AND NEW JERSEY.
(a) In General.--The Secretary shall conduct a study to analyze the
economic and environmental benefits and costs of potential sediment
management and contaminant reduction measures.
(b) Cooperative Agreements.--In conducting the study, the Secretary
may enter into cooperative agreements with non-Federal interests to
investigate, develop, and support measures for sediment management and
reduction of sources of contaminant that affect navigation in the Port
of New York-New Jersey and the environmental conditions of the New York-
New Jersey Harbor estuary.
SEC. 541. SEA GATE REACH, CONEY ISLAND, NEW YORK, NEW YORK.
The Secretary may construct a project for shoreline protection that
includes a beachfill with revetment and T-groin for the Sea Gate Reach
on Coney Island, New York, as identified in the March 1998 report
prepared for the Corps of Engineers, New York District, entitled ``Field
Data Gathering, Project Performance Analysis and Design Alternative
Solutions to Improve Sandfill Retention'', at a total cost of
$9,000,000, with an estimated Federal cost of $5,850,000 and an
estimated non-Federal cost of $3,150,000.
SEC. 542. WOODLAWN, NEW YORK.
(a) In General.--The Secretary shall provide planning, design, and
other technical assistance to non-Federal interests for identifying and
mitigating sources of contamination at Woodlawn Beach in Woodlawn, New
York.
(b) Cost Sharing.--The non-Federal share of the cost of assistance
provided under subsection (a) shall be 50 percent.
SEC. 543. FLOODPLAIN MAPPING, NEW YORK.
(a) In General.--The Secretary shall provide assistance for a
project to develop maps identifying 100- and 500-year flood inundation
areas in the State of New York.
(b) Requirements.--Maps developed under the project shall include
hydrologic and hydraulic information and shall accurately show the flood
inundation of each property by flood risk in the floodplain. The maps
shall be produced in a high resolution format and shall be made
available to all flood prone areas in the State of New York in an
electronic format.
(c) Participation of FEMA.--The Secretary and the non-Federal
interests for the project shall work with the Director of the Federal
Emergency Management Agency to ensure the validity of the maps developed
under the project for flood insurance purposes.
(d) Forms of Assistance.--In carrying out the project, the Secretary
may enter into contracts or cooperative agreements with the non-Federal
interests or provide reimbursements of project costs.
(e) Federal Share.--The Federal share of the cost of the project
shall be 50 percent.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000 for the period
beginning with fiscal year 2000.
[[Page 113 STAT. 351]]
SEC. 544. TOUSSAINT RIVER, CARROLL TOWNSHIP, OTTAWA COUNTY, OHIO.
The Secretary may provide technical assistance for the removal of
military ordnance from the Toussaint River, Carroll Township, Ottawa
County, Ohio.
SEC. 545. SARDIS RESERVOIR, OKLAHOMA.
(a) In General.--The Secretary shall accept from the State of
Oklahoma or an agent of the State an amount, determined under subsection
(b), as prepayment of 100 percent of the water supply cost obligation of
the State under Contract No. DACW56-74-JC-0314 for water supply storage
at Sardis Reservoir, Oklahoma.
(b) Determination of Amount.--The amount to be paid by the State of
Oklahoma under subsection (a) shall be subject to adjustment in
accordance with accepted discount purchase methods for Federal
Government properties as determined by an independent accounting firm
designated by the Director of the Office of Management and Budget. The
cost of the determination shall be paid for by the State of Oklahoma or
an agent of the State.
(c) Effect.--Nothing in this section affects any of the rights or
obligations of the parties to the contract referred to in subsection
(a).
SEC. 546. SKINNER BUTTE PARK, EUGENE, OREGON.
(a) Study.--The Secretary shall conduct a study of the south bank of
the Willamette River, in the area of Skinner Butte Park from Ferry
Street Bridge to the Valley River footbridge, to determine the
feasibility of carrying out a project to stabilize the river bank, and
to restore and enhance riverine habitat, using a combination of
structural and bioengineering techniques.
(b) Federal Participation.--If, on completion of the study, the
Secretary determines that the project is technically sound,
environmentally acceptable, and economically justified, the Secretary
may participate with non-Federal interests in the project.
(c) Cost Sharing.--The non-Federal share of the cost of the project
shall be 35 percent.
(d) Land, Easements, and Rights-of-Way.--
(1) In general.--The non-Federal interest shall provide
land, easements, rights-of-way, relocations, and dredged
material disposal areas necessary for construction of the
project.
(2) Credit toward non-federal share.--The value of the land,
easements, rights-of-way, relocations, and dredged material
disposal areas provided by the non-Federal interests shall be
credited toward the non-Federal share.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $1,000,000 for the period
beginning with fiscal year 2000.
SEC. 547. WILLAMETTE RIVER BASIN, OREGON.
(a) In General.--The Secretary, the Director of the Federal
Emergency Management Agency, the Administrator of the Environmental
Protection Agency, and the heads of other appropriate Federal agencies
shall, using authorities under law in effect on the date of enactment of
this Act, assist the State of Oregon in developing and implementing a
comprehensive basin-wide strategy in the Willamette River basin, Oregon,
for coordinated and integrated management of land and water resources to
improve water quality,
[[Page 113 STAT. 352]]
reduce flood hazards, ensure sustainable economic activity, and restore
habitat for native fish and wildlife.
(b) Technical Assistance, Staff, and Financial Support.--The heads
of the Federal agencies may provide technical assistance, staff, and
financial support for development of the basin-wide management strategy.
(c) Flexibility.--The heads of the Federal agencies shall exercise
flexibility to reduce barriers to efficient and effective implementation
of the basin-wide management strategy.
SEC. 548. BRADFORD AND SULLIVAN COUNTIES, PENNSYLVANIA.
The Secretary may provide assistance for water-related environmental
infrastructure and resource protection and development projects in
Bradford and Sullivan Counties, Pennsylvania, using the funds and
authorities provided in title I of the Energy and Water Development
Appropriations Act, 1999 (Public Law 105-245), under the heading
``Construction, General'' (112 Stat. 1840) for similar projects in
Lackawanna, Lycoming, Susquehanna, Wyoming, Pike, and Monroe Counties,
Pennsylvania.
SEC. 549. ERIE HARBOR, PENNSYLVANIA.
The Secretary may reimburse the appropriate non-Federal interest not
more than $78,366 for architectural and engineering costs incurred in
connection with the Erie Harbor basin navigation project, Pennsylvania.
SEC. 550. POINT MARION LOCK AND DAM, PENNSYLVANIA.
(a) In General.--The project for navigation, Point Marion Lock and
Dam, borough of Point Marion, Pennsylvania, authorized by section 301(a)
of the Water Resources Development Act of 1986 (100 Stat. 4110), is
modified to direct the Secretary, in the operation and maintenance of
the project, to mitigate damages to the shoreline, at a total cost of
$2,000,000.
(b) Allocation.--The cost of the mitigation shall be allocated as an
operation and maintenance cost of a Federal navigation project.
SEC. 551. SEVEN POINTS' HARBOR, PENNSYLVANIA.
(a) In General.--The Secretary may, at full Federal expense,
construct a breakwater at the entrance to Seven Points' Harbor,
Pennsylvania.
(b) Operation and Maintenance Costs.--All operation and maintenance
costs associated with the facility constructed under this section shall
be the responsibility of the lessee of the marina complex at Seven
Points' Harbor.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $850,000.
SEC. 552. SOUTHEASTERN PENNSYLVANIA.
Section 566(b) of the Water Resources Development Act of 1996 (110
Stat. 3786) is amended by inserting ``environmental restoration,'' after
``water supply and related facilities,''.
SEC. 553. UPPER SUSQUEHANNA-LACKAWANNA, PENNSYLVANIA, WATERSHED
MANAGEMENT AND RESTORATION STUDY.
(a) In General.--The Secretary shall conduct a study to determine
the feasibility of a comprehensive floodplain management and watershed
restoration project for the Upper Susquehanna-Lackawanna Watershed,
Pennsylvania.
[[Page 113 STAT. 353]]
(b) Geographic Information System.--In conducting the study, the
Secretary shall use a geographic information system.
(c) Plans.--The study shall formulate plans for comprehensive
floodplain management and environmental restoration.
(d) Credit Toward Non-Federal Share.--Non-Federal interests may
receive credit toward the non-Federal share for in-kind services and
materials that contribute to the study. The Secretary may credit non-
Corps Federal assistance provided to the non-Federal interest toward the
non-Federal share of the costs of the study to the maximum extent
authorized by law.
SEC. 554. AGUADILLA HARBOR, PUERTO RICO.
The Secretary shall conduct a study to determine whether erosion and
additional storm damage risks that exist in the vicinity of Aguadilla
Harbor, Puerto Rico, are the result of a Federal navigation project. If
the Secretary determines that such erosion and additional storm damage
risks are the result of the project, the Secretary shall take
appropriate measures to mitigate the erosion and storm damage.
SEC. 555. OAHE DAM TO LAKE SHARPE, SOUTH DAKOTA, STUDY.
Section 441 of the Water Resources Development Act of 1996 (110
Stat. 3747) is amended--
(1) by inserting ``(a) Investigation.--'' before ``The
Secretary''; and
(2) by adding at the end the following:
``(b) Report.--Not <<NOTE: Deadline.>> later than September 30,
1999, the Secretary shall submit to Congress a report on the results of
the investigation under this section. The report shall include the
examination of financing options for regular maintenance and
preservation of the lake. The report shall be prepared in coordination
and cooperation with the Natural Resources Conservation Service, other
Federal agencies, and State and local officials.''.
SEC. 556. NORTH PADRE ISLAND STORM DAMAGE REDUCTION AND
ENVIRONMENTAL RESTORATION PROJECT.
The Secretary is directed to carry out a project for ecosystem
restoration and storm damage reduction at North Padre Island, Corpus
Christi Bay, Texas, at a total estimated cost of $30,000,000, with an
estimated Federal cost of $19,500,000 and an estimated non-Federal cost
of $10,500,000, if the Secretary determines that the work is technically
sound and environmentally acceptable. The Secretary shall make such a
determination not later than 270 days after the date of enactment of
this Act.
SEC. 557. NORTHERN WEST VIRGINIA.
The projects described in the following reports are authorized to be
carried out by the Secretary substantially in accordance with the plans,
and subject to the conditions, recommended in the reports, and subject
to a favorable report of the Chief of Engineers:
(1) Parkersburg, west virginia.--Report of the Corps of
Engineers entitled ``Parkersburg/Vienna Riverfront Park
Feasibility Study'', dated June 1998, at a total cost of
$8,400,000, with an estimated Federal cost of $4,200,000, and an
estimated non-Federal cost of $4,200,000.
(2) Weirton, west virginia.--Report of the Corps of
Engineers entitled ``Feasibility Master Plan for Weirton Port
and Industrial Center, West Virginia Public Port Authority'',
dated
[[Page 113 STAT. 354]]
December 1997, at a total cost of $18,000,000, with an estimated
Federal cost of $9,000,000, and an estimated non-Federal cost of
$9,000,000.
(3) Erickson/wood county, west virginia.--Report of the
Corps of Engineers entitled ``Feasibility Master Plan for
Erickson/Wood County Port District, West Virginia Public Port
Authority'', dated July 7, 1997, at a total cost of $28,000,000,
with an estimated Federal cost of $14,000,000, and an estimated
non-Federal cost of $14,000,000.
SEC. 558. MISSISSIPPI RIVER COMMISSION.
Section 8 of the Act of May 15, 1928 (33 U.S.C. 702h; 45 Stat. 537,
chapter 569) (commonly known as the ``Flood Control Act of 1928''), is
amended by striking ``$7,500'' and inserting ``$21,500''.
SEC. 559. <<NOTE: 33 USC 2335.>> COASTAL AQUATIC HABITAT MANAGEMENT.
(a) In General.--The Secretary may cooperate with the Secretaries of
Agriculture and the Interior, the Administrators of the Environmental
Protection Agency and the National Oceanic and Atmospheric
Administration, other appropriate Federal, State, and local agencies,
and affected private entities, in the development of a management
strategy to address problems associated with toxic microorganisms and
the resulting degradation of ecosystems in the tidal and nontidal
wetlands and waters of the United States.
(b) Assistance.--As part of the management strategy, the Secretary
may provide planning, design, and other technical assistance to each
participating State in the development and implementation of
nonregulatory measures to mitigate environmental problems and restore
aquatic resources.
(c) Cost Sharing.--The Federal share of the cost of measures
undertaken under this section shall not exceed 65 percent.
(d) Operation and Maintenance.--The non-Federal share of operation
and maintenance costs for projects constructed with assistance provided
under this section shall be 100 percent.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $7,000,000 for the period
beginning with fiscal year 2000.
SEC. 560. ABANDONED <<NOTE: 33 USC 2336.>> AND INACTIVE NONCOAL MINE
RESTORATION.
(a) In General.--The Secretary may provide technical, planning, and
design assistance to Federal and non-Federal interests for carrying out
projects to address water quality problems caused by drainage and
related activities from abandoned and inactive noncoal mines.
(b) Specific Measures.--Assistance provided under subsection (a) may
be in support of projects for the purposes of--
(1) managing drainage from abandoned and inactive noncoal
mines;
(2) restoring and protecting streams, rivers, wetlands,
other waterbodies, and riparian areas degraded by drainage from
abandoned and inactive noncoal mines; and
(3) demonstrating management practices and innovative and
alternative treatment technologies to minimize or eliminate
adverse environmental effects associated with drainage from
abandoned and inactive noncoal mines.
(c) Non-Federal Share.--The non-Federal share of the cost of
assistance under subsection (a) shall be 50 percent, except that
[[Page 113 STAT. 355]]
the Federal share with respect to projects located on land owned by the
United States shall be 100 percent.
(d) Effect on Authority of Secretary of the Interior.--Nothing in
this section affects the authority of the Secretary of the Interior
under title IV of the Surface Mining Control and Reclamation Act of 1977
(30 U.S.C. 1231 et seq.).
(e) Technology Database for Reclamation of Abandoned Mines.--The
Secretary may provide assistance to non-Federal and nonprofit entities
to develop, manage, and maintain a database of conventional and
innovative, cost-effective technologies for reclamation of abandoned and
inactive noncoal mine sites. Such assistance shall be provided through
the Rehabilitation of Abandoned Mine Sites Program managed by the
Sacramento District Office of the Corps of Engineers.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $5,000,000.
SEC. 561. <<NOTE: 33 USC 2314 note.>> BENEFICIAL USE OF WASTE TIRE
RUBBER.
(a) In General.--The Secretary shall, when appropriate, encourage
the beneficial use of waste tire rubber (including crumb rubber and
baled tire products) recycled from tires.
(b) Included Beneficial Uses.--Beneficial uses under subsection (a)
may include marine pilings, underwater framing, floating docks with
built-in flotation, utility poles, and other uses associated with
transportation and infrastructure projects receiving Federal funds.
(c) Use of Waste Tire Rubber.--The Secretary shall encourage the
use, when appropriate, of waste tire rubber (including crumb rubber) in
projects described in subsection (b).
SEC. 562. SITE DESIGNATION.
Section 102(c)(4) of the Marine Protection, Research, and
Sanctuaries Act of 1972 (33 U.S.C. 1412(c)(4)) is amended in the third
sentence by striking ``January 1, 2000'' and inserting ``January 1,
2003''.
SEC. 563. LAND CONVEYANCES.
(a) Toronto Lake and El Dorado Lake, Kansas.--
(1) In general.--The Secretary shall convey to the State of
Kansas, by quitclaim deed and without consideration, all right,
title, and interest of the United States in and to the 2 parcels
of land described in paragraph (2) on which correctional
facilities operated by the Kansas Department of Corrections are
situated.
(2) Land description.--The parcels of land referred to in
paragraph (1) are--
(A) the parcel located in Butler County, Kansas,
adjacent to the El Dorado Lake Project, consisting of
approximately 32.98 acres; and
(B) the parcel located in Woodson County, Kansas,
adjacent to the Toronto Lake Project, consisting of
approximately 51.98 acres.
(3) Conditions.--
(A) Use of land.--A conveyance of a parcel under
paragraph (1) shall be subject to the condition that all
right, title, and interest in and to the parcel shall
revert to the United States if the parcel is used for a
purpose other than that of a correctional facility.
[[Page 113 STAT. 356]]
(B) Costs.--The Secretary may require such
additional terms, conditions, reservations, and
restrictions in connection with the conveyance as the
Secretary determines are necessary to protect the
interests of the United States, including a requirement
that the State pay all reasonable administrative costs
associated with the conveyance.
(b) Pike County, Missouri.--
(1) Land exchange.--Subject to paragraphs (3) and (4), at
such time as Holnam 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 in the parcel of land described in paragraph (2)(B)
to Holnam Inc.
(2) Land description.--The parcels of land referred to in
paragraph (1) are the following:
(A) Non-federal land.--152.45 acres with existing
flowage easements situated in Pike County, Missouri,
described as a portion of Government Tract Number FM-9
and all of Government Tract Numbers FM-11, FM-10, FM-12,
FM-13, and FM-16, owned and administered by Holnam Inc.
(B) Federal land.--152.61 acres situated in Pike
County, Missouri, known as Government Tract Numbers FM-
17 and a portion of FM-18, administered by the Corps of
Engineers.
(3) Conditions.--The exchange of land under paragraph (1)
shall be subject to the following conditions:
(A) Deeds.--
(i) Non-federal land.--The conveyance of the
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 land described in
paragraph (2)(B) to Holnam Inc. shall contain such
reservations, terms, and conditions as the
Secretary considers necessary to allow the United
States to operate and maintain the Mississippi
River 9-Foot Navigation Project.
(B) Removal of improvements.--Holnam Inc. may remove
any improvements on the land described in paragraph
(2)(A). The Secretary may require Holnam Inc. to remove
any improvements on the land described in paragraph
(2)(A). In either case, Holnam Inc. shall hold the
United States harmless from liability, and the United
States shall not incur cost associated with the removal
or relocation of any of the improvements.
(C) Time limit for exchange.--The land exchange
under paragraph (1) shall be completed not later than 2
years after the date of enactment of this Act.
(D) Legal description.--The Secretary shall provide
the legal description of the land described in paragraph
(2). The legal description shall be used in the
instruments of conveyance of the land.
(E) Administrative costs.--The Secretary shall
require Holnam Inc. to pay reasonable administrative
costs associated with the exchange.
[[Page 113 STAT. 357]]
(4) Value of properties.--If the appraised fair market
value, as determined by the Secretary, of the land conveyed to
Holnam Inc. by the Secretary under paragraph (1) exceeds the
appraised fair market value, as determined by the Secretary, of
the land conveyed to the United States by Holnam Inc. under
paragraph (1), Holnam Inc. shall make a payment equal to the
excess in cash or a cash equivalent to the United States.
(c) Candy Lake Project, Osage County, Oklahoma.--
(1) Definitions.--In this subsection:
(A) Fair market value.--The term ``fair market
value'' means the amount for which a willing buyer would
purchase and a willing seller would sell a parcel of
land, as determined by a qualified, independent land
appraiser.
(B) Previous owner of land.--The term ``previous
owner of land'' means a person (including a corporation)
that conveyed, or a descendant of a deceased individual
who conveyed, land to the Corps of Engineers for use in
the Candy Lake project in Osage County, Oklahoma.
(2) Conveyances.--
(A) In general.--The Secretary shall convey all
right, title, and interest of the United States in and
to the land acquired by the United States for the Candy
Lake project in Osage County, Oklahoma.
(B) Previous owners of land.--
(i) In general.--The Secretary shall give a
previous owner of land the first option to
purchase the land described in subparagraph (A).
(ii) Application.--
(I) In general.--A previous owner of
land that desires to purchase the land
described in paragraph (1) that was
owned by the previous owner of land, or
by the individual from whom the previous
owner of land is descended, shall file
an application to purchase the land with
the Secretary not later than 180 days
after the official date of notice to the
previous owner of land under paragraph
(3).
(II) First to file has first
option.--If more than 1 application is
filed to purchase a parcel of land
described in subparagraph (A), the first
option to purchase the parcel of land
shall be determined in the order in
which applications for the parcel of
land were filed.
(iii) Identification of previous owners of
land.--As soon as practicable after the date of
enactment of this Act, the Secretary shall, to the
extent practicable, identify each previous owner
of land.
(iv) Consideration.--Consideration for land
conveyed under this subsection shall be the fair
market value of the land.
(C) Disposal.--Any land described in subparagraph
(A) for which an application to purchase the land has
not been filed under subparagraph (B)(ii) within the
applicable time period shall be disposed of in
accordance with law.
[[Page 113 STAT. 358]]
(D) Extinguishment of easements.--All flowage
easements acquired by the United States for use in the
Candy Lake project in Osage County, Oklahoma, are
extinguished.
(3) Notice.--
(A) In general.--The Secretary shall notify--
(i) each person identified as a previous owner
of land under paragraph (2)(B)(iii), not later
than 90 days after identification, by United
States mail; and
(ii) <<NOTE: Federal Register,
publication.>> the general public, not later than
90 days after the date of enactment of this Act,
by publication in the Federal Register.
(B) Contents of notice.--Notice under this paragraph
shall include--
(i) a copy of this subsection;
(ii) information sufficient to separately
identify each parcel of land subject to this
subsection; and
(iii) specification of the fair market value
of each parcel of land subject to this subsection.
(C) Official date of notice.--The official date of
notice under this subsection shall be the later of--
(i) the date on which actual notice is mailed;
or
(ii) the date of publication of the notice in
the Federal Register.
(d) Lake Hugo, Oklahoma, Area Land Conveyance.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall convey at fair market
value to Choctaw County Industrial Authority, Oklahoma, the
parcels of land described in paragraph (2).
(2) Land description.--
(A) In general.--The parcel of land to be conveyed
under paragraph (1) is the parcel lying above elevation
445.2 feet (NGVD) located in the S\1/2\N\1/2\SE\1/4\ and
the S\1/2\SW\1/4\ of Section 13 and the N\1/2\NW\1/4\ of
Section 24, T 6 S, R 18 E, of the Indian Meridian, in
Choctaw County, Oklahoma, the parcel also being part of
the Sawyer Bluff Public Use Area and including parts of
Hugo Lake Tracts 134 and 139, and more particularly
described as follows: Beginning at a point on the east
line of Section 13, the point being 100.00 feet north of
the southeast corner of S\1/2\N\1/2\SE\1/4\ of Section
13; thence S 01/ 36' 24" 100.00 to a Corps of Engineers
brass-capped monument at the southeast corner of S\1/
2\N\1/2\SE\1/4\ of Section 13; thence S 88/ 16' 57" W,
along the south line of the S\1/2\N\1/2\SE\1/4\ of
Section 13, 2649.493 feet, more or less, to a Corps of
Engineers brass-capped monument on the centerline of
Section 13; thence S 01/ 20' 53" E, along the centerline
of Section 13, 1316.632 feet to a Corps of Engineers
brass-capped monument; thence S 00/ 41' 35" E, along the
centerline of Section 24, 1000.00 feet, more or less, to
a point lying 50.00 feet north and 300.00 feet, more or
less, east of Road B of the Sawyer Bluff Public Use
Area; thence westerly and northwesterly, parallel to
Road B, to the approximate location of the 445.2-foot
contour; thence meandering northerly along the 445.2-
foot contour to a point approximately 100.00 feet west
and 100.00 feet north of the southwest corner of the
S\1/2\N\1/2\SE\1/4\ of Section 13;
[[Page 113 STAT. 359]]
thence east, paralleling the south line of the S\1/
2\N\1/2\SE\1/4\ of Section 13, 2649.493 feet, more or
less, to the point of beginning.
(B) Survey.--The exact description and acreage of
the parcel shall be determined by a metes and bounds
survey provided by the Choctaw County Industrial
Authority.
(e) Conveyance of Property in Marshall County, Oklahoma.--
(1) In general.--The Secretary shall convey to the State of
Oklahoma all right, title, and interest of the United States in
and to real property located in Marshall County, Oklahoma, and
included in the Lake Texoma (Denison Dam), Oklahoma and Texas,
project, consisting of approximately 1,580 acres and leased to
the State of Oklahoma for public park and recreation purposes.
(2) Consideration.--Consideration for the conveyance under
paragraph (1) shall be the fair market value of the real
property, as determined by the Secretary. All costs associated
with the conveyance under paragraph (1) shall be paid by the
State of Oklahoma.
(3) Description.--The exact acreage and legal description of
the real property to be conveyed under paragraph (1) shall be
determined by a survey satisfactory to the Secretary. The cost
of the survey shall be paid by the State of Oklahoma.
(4) Environmental compliance.--Before making the conveyance
under paragraph (1), the Secretary shall--
(A) conduct an environmental baseline survey to
determine whether there are levels of contamination for
which the United States would be responsible under the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.); and
(B) ensure that the conveyance complies with the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.).
(5) Other terms and conditions.--The conveyance under
paragraph (1) shall be subject to such other terms and
conditions as the Secretary considers appropriate to protect the
interests of the United States, including reservation by the
United States of a flowage easement over all portions of the
real property to be conveyed that are at or below elevation
645.0 NGVD.
(f) Summerfield Cemetery Association, Oklahoma.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall transfer to the
Summerfield Cemetery Association, Oklahoma, all right, title,
and interest of the United States in and to the land described
in paragraph (3) for use as a cemetery.
(2) Reversion.--If the land to be transferred under this
subsection ever ceases to be used as a not-for-profit cemetery
or for another public purpose, the land shall revert to the
United States.
(3) Description.--The land to be conveyed under this
subsection is the approximately 10 acres of land located in
Leflore County, Oklahoma, and described as follows:
[[Page 113 STAT. 360]]
indian basin meridian
Section 23, Township 5 North, Range 23 East
SW SE SW NW
NW NE NW SW
N\1/2\ SW SW NW.
(4) Consideration.--The conveyance under this subsection
shall be without consideration. All costs associated with the
conveyance shall be paid by the Summerfield Cemetery
Association, Oklahoma.
(5) Other terms and conditions.--The conveyance under this
subsection shall be subject to such other terms and conditions
as the Secretary considers necessary to protect the interests of
the United States.
(g) Dexter, Oregon.--
(1) In general.--The Secretary shall convey to the Dexter
Sanitary District all right, title, and interest of the United
States in and to a parcel of land consisting of approximately 5
acres located at Dexter Lake, Oregon, under lease to the Dexter
Sanitary District.
(2) Consideration.--Land to be conveyed under this
subsection shall be conveyed without consideration. If the land
is no longer held in public ownership or no longer used for
wastewater treatment purposes, title to the land shall revert to
the Secretary.
(3) Terms and conditions.--The conveyance by the United
States shall be subject to such terms and conditions as the
Secretary considers appropriate to protect the interests of the
United States.
(4) Surveys.--The exact acreage and description of the land
to be conveyed under paragraph (1) shall be determined by such
surveys as the Secretary considers necessary. The cost of the
surveys shall be borne by the Dexter Sanitary District.
(h) Charleston, South Carolina.--The Secretary may convey the
property of the Corps of Engineers known as the ``Equipment and Storage
Yard'', located on Meeting Street in Charleston, South Carolina, in as-
is condition for fair market value, with all proceeds from the
conveyance to be applied by the Corps of Engineers, Charleston District,
to offset a portion of the costs of moving or leasing an office facility
in the city of Charleston, South Carolina.
(i) Richard B. Russell Dam and Lake, South Carolina.--
(1) In general.--Except as otherwise provided in this
subsection, 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 the date of enactment of this Act, 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) and modified by
section 601(a) of the Water Resources Development Act of 1986
(100 Stat. 4140).
(2) Land description.--
(A) In general.--The parcels of land to be conveyed
are described in Exhibits A, F, and H of Army Lease
[[Page 113 STAT. 361]]
No. DACW21-1-93-0910 and associated supplemental
agreements or are designated in red in Exhibit A of Army
License No. DACW21-3-85-1904, excluding all designated
parcels in the license that are below elevation 346 feet
mean sea level or that are less than 300 feet measured
horizontally from the top of the power pool.
(B) Management of excluded parcels.--Management of
the excluded parcels shall continue in accordance with
the terms of Army License No. DACW21-3-85-1904 until the
Secretary and the State enter into an agreement under
paragraph (6).
(C) 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.
(4) Perpetual status.--
(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.
(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 may pay the State of
South Carolina not more than $4,850,000, subject to the
Secretary and the State entering into a binding
agreement for the State to manage for fish and wildlife
mitigation purposes in perpetuity the parcels of land
conveyed under this subsection and excluded parcels
designated in Exhibit A of Army License No. DACW21-3-85-
1904.
(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.
(j) Clarkston, Washington.--
(1) In general.--The Secretary shall convey to the Port of
Clarkston, Washington, all right, title, and interest of the
United States in and to a portion of the land described in the
Department of the Army Lease No. DACW68-1-97-22, consisting of
approximately 31 acres, the exact boundaries of which shall be
determined by the Secretary and the Port of Clarkston.
(2) Additional land.--The Secretary may convey to the Port
of Clarkston, Washington, such additional land located
[[Page 113 STAT. 362]]
in the vicinity of Clarkston, Washington, as the Secretary
determines to be excess to the needs of the Columbia River
Project and appropriate for conveyance.
(3) Terms and conditions.--The conveyances made under
paragraphs (1) and (2) shall be subject to such terms and
conditions as the Secretary considers necessary to protect the
interests of the United States, including a requirement that the
Port of Clarkston pay all administrative costs associated with
the conveyances, including the cost of land surveys and
appraisals and costs associated with compliance with applicable
environmental laws (including regulations).
(4) Use of land.--The Port of Clarkston shall be required to
pay the fair market value, as determined by the Secretary, of
any land conveyed under paragraphs (1) and (2) that is not
retained in public ownership and used for public park or
recreation purposes, except that the Secretary shall have a
right of reverter to reclaim possession and title to any such
land.
(k) Matewan, West Virginia.--
(1) In general.--The United States shall convey by quitclaim
deed to the town of Matewan, West Virginia, all right, title,
and interest of the United States in and to 4 parcels of land
that the Secretary determines to be excess to the structural
project for flood control constructed by the Corps of Engineers
along the Tug Fork River under section 202 of the Energy and
Water Development Appropriation Act, 1981 (94 Stat. 1339).
(2) Property description.--The parcels of land referred to
in paragraph (1) are as follows:
(A) A certain parcel of land in the State of West
Virginia, Mingo County, town of Matewan, being more
particularly bounded and described as follows:
Beginning at a point on the southerly right-
of-way line of a 40-foot-wide street right-of-way
(known as McCoy Alley), having an approximate
coordinate value of N228,695, E1,662,397, in the
line common to the land designated as U.S.A. Tract
No. 834, and the land designated as U.S.A. Tract
No. 837, said point being South 51/52' East 81.8
feet from an iron pin and cap marked M-12 on the
boundary of the Matewan Area Structural Project,
on the north right-of-way line of said street, at
a corner common to designated U.S.A. Tracts Nos.
834 and 836; thence, leaving the right-of-way of
said street, with the line common to the land of
said Tract No. 834, and the land of said Tract No.
837.
South 14/37' West 46 feet to the corner common
to the land of said Tract No. 834, and the land of
said Tract No. 837; thence, leaving the land of
said Tract No. 837, severing the lands of said
Project.
South 14/37' West 46 feet.
South 68/07' East 239 feet.
North 26/05' East 95 feet to a point on the
southerly right-of-way line of said street;
thence, with the right-of-way of said street,
continuing to sever the lands of said Project.
[[Page 113 STAT. 363]]
South 63/55' East 206 feet; thence, leaving
the right-of-way of said street, continuing to
sever the lands of said Project.
South 26/16' West 63 feet; thence, with a
curve to the left having a radius of 70 feet, a
delta of 33/58', an arc length of 41 feet, the
chord bearing.
South 09/17' West 41 feet; thence, leaving
said curve, continuing to sever the lands of said
Project.
South 07/42' East 31 feet to a point on the
right-of-way line of the floodwall; thence, with
the right-of-way of said floodwall, continuing to
sever the lands of said Project.
South 77/04' West 71 feet.
North 77/10' West 46 feet.
North 67/07' West 254 feet.
North 67/54' West 507 feet.
North 57/49' West 66 feet to the intersection
of the right-of-way line of said floodwall with
the southerly right-of-way line of said street;
thence, leaving the right-of-way of said floodwall
and with the southerly right-of-way of said
street, continuing to sever the lands of said
Project.
North 83/01' East 171 feet.
North 89/42' East 74 feet.
South 83/39' East 168 feet.
South 83/38' East 41 feet.
South 77/26' East 28 feet to the point of
beginning, containing 2.59 acres, more or less.
The bearings and coordinate used in this subparagraph
are referenced to the West Virginia State Plane
Coordinate System, South Zone.
(B) A certain parcel of land in the State of West
Virginia, Mingo County, town of Matewan, being more
particularly bounded and described as follows:
Beginning at an iron pin and cap designated
Corner No. M2-2 on the southerly right-of-way line
of the Norfolk and Western Railroad, having an
approximate coordinate value of N228,755
E1,661,242, and being at the intersection of the
right-of-way line of the floodwall with the
boundary of the Matewan Area Structural Project;
thence, leaving the right-of-way of said floodwall
and with said Project boundary, and the southerly
right-of-way of said Railroad.
North 59/45' East 34 feet.
North 69/50' East 44 feet.
North 58/11' East 79 feet.
North 66/13' East 102 feet.
North 69/43' East 98 feet.
North 77/39' East 18 feet.
North 72/39' East 13 feet to a point at the
intersection of said Project boundary, and the
southerly right-of-way of said Railroad, with the
westerly right-of-way line of State Route 49/10;
thence, leaving said Project boundary, and the
southerly right-of-way of said Railroad, and with
the westerly right-of-way of said road.
[[Page 113 STAT. 364]]
South 03/21' East 100 feet to a point at the
intersection of the westerly right-of-way of said
road with the right-of-way of said floodwall;
thence, leaving the right-of-way of said road, and
with the right-of-way line of said floodwall.
South 79/30' West 69 feet.
South 78/28' West 222 feet.
South 80/11' West 65 feet.
North 38/40' West 14 feet to the point of
beginning, containing 0.53 acre, more or less.
The bearings and coordinate used in this subparagraph
are referenced to the West Virginia State Plane
Coordinate System, South Zone.
(C) A certain parcel of land in the State of West
Virginia, Mingo County, town of Matewan, being more
particularly bounded and described as follows:
Beginning at a point on the southerly right-
of-way line of the Norfolk and Western Railroad,
having an approximate coordinate value of N228,936
E1,661,672, and being at the intersection of the
easterly right-of-way line of State Route 49/10
with the boundary of the Matewan Area Structural
Project; thence, leaving the right-of-way of said
road, and with said Project boundary, and the
southerly right-of-way of said Railroad.
North 77/49' East 89 feet to an iron pin and
cap designated as U.S.A. Corner No. M-4.
North 79/30' East 74 feet to an iron pin and
cap designated as U.S.A. Corner No. M-5-1; thence,
leaving the southerly right-of-way of said
Railroad, and continuing with the boundary of said
Project.
South 06/33' East 102 to an iron pipe and cap
designated U.S.A. Corner No. M-6-1 on the
northerly right-of-way line of State Route 49/28;
thence, leaving the boundary of said Project, and
with the right-of-way of said road, severing the
lands of said Project.
North 80/59' West 171 feet to a point at the
intersection of the northerly right-of-way line of
said State Route 49/28 with the easterly right-of-
way line of said State Route 49/10; thence,
leaving the right-of-way of said State Route 49/28
and with the right-of-way of said State Route 49/
10.
North 03/21' West 42 feet to the point of
beginning, containing 0.27 acre, more or less.
The bearings and coordinate used in this subparagraph
are referenced to the West Virginia State Plane
Coordinate System, South Zone.
(D) A certain parcel of land in the State of West
Virginia, Mingo County, town of Matewan, being more
particularly bounded and described as follows:
Beginning at a point at the intersection of
the easterly right-of-way line of State Route 49/
10 with the right-of-way line of the floodwall,
having an approximate coordinate value of N228,826
E1,661,679; thence, leaving the right-of-way of
said floodwall, and with the right-of-way of said
State Route 49/10.
[[Page 113 STAT. 365]]
North 03/21' West 23 feet to a point at the
intersection of the easterly right-of-way line of
said State Route 49/10 with the southerly right-
of-way line of State Route 49/28; thence, leaving
the right-of-way of said State Route 49/10 and
with the right-of-way of said State Route 49/28.
South 80/59' East 168 feet.
North 82/28' East 45 feet to an iron pin and
cap designated as U.S.A. Corner No. M-8-1 on the
boundary of the Western Area Structural Project;
thence, leaving the right-of-way of said State
Route 49/28, and with said Project boundary.
South 08/28' East 88 feet to an iron pin and
cap designated as U.S.A. Corner No. M-9-1 point on
the northerly right-of-way line of a street (known
as McCoy Alley); thence, leaving said Project
boundary and with the northerly right-of-way of
said street.
South 83/01' West 38 feet to a point on the
right-of-way line of said floodwall; thence,
leaving the right-of-way of said street, and with
the right-of-way of said floodwall.
North 57/49' West 180 feet.
South 79/30' West 34 feet to a point of
beginning, containing 0.24 acre, more or less.
The bearings and coordinate used in this subparagraph
are referenced to the West Virginia State Plane
Coordinate System, South Zone.
(l) McNary <<NOTE: 16 USC 668dd note.>> National Wildlife Refuge.--
(1) Transfer of administrative jurisdiction.--Administrative
jurisdiction over the McNary National Wildlife Refuge is
transferred from the Secretary to the Secretary of the Interior.
(2) Land exchange with the port of walla walla,
washington.--
(A) In general.--Not <<NOTE: Deadline.>> later than
1 year after the date of enactment of this Act, the
Secretary of the Interior may exchange approximately 188
acres of land located south of Highway 12 and comprising
a portion of the McNary National Wildlife Refuge for
approximately 122 acres of land owned by the Port of
Walla Walla, Washington, and located at the confluence
of the Snake River and the Columbia River.
(B) Terms and conditions.--The land exchange under
subparagraph (A) shall be carried out in accordance with
such terms and conditions as the Secretary of the
Interior determines to be necessary to protect the
interests of the United States, including a requirement
that the Port pay--
(i) reasonable administrative costs (not to
exceed $50,000) associated with the exchange; and
(ii) any excess (as determined by the
Secretary of the Interior) of the fair market
value of the parcel conveyed by the Secretary of
the Interior over the fair market value of the
parcel conveyed by the Port.
(C) Use of funds.--The Secretary of the Interior may
retain any funds received under subparagraph (B)(ii)
and, without further Act of appropriation, may use the
funds
[[Page 113 STAT. 366]]
to acquire replacement habitat for the Mid-Columbia
River National Wildlife Refuge Complex.
(3) Management.--The McNary National Wildlife Refuge and
land conveyed by the Port of Walla Walla, Washington, under
paragraph (2) shall be managed in accordance with applicable
laws, including section 120(h) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9620(h)) and the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.).
SEC. 564. MCNARY POOL, WASHINGTON.
(a) Extinguishment of Reversionary Interests and Use Restrictions.--
With respect to each deed listed 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.--The deeds with the following county auditor's
file numbers are referred to in subsection (a):
(1) Auditor's File Numbers 521608 and 529071 of Benton
County, Washington.
(2) Auditor's File Numbers 262980, 263334, 318437, and
404398 of Franklin County, Washington.
(3) Auditor's File Numbers 411133, 447417, 447418, 462156,
563333, and 569593 of Walla Walla County, Washington.
(4) Auditor's File Number 285215 of Umatilla County, Oregon,
executed by the United States.
(c) No Effect on Other Rights.--Nothing in this section affects the
remaining rights and interests of the Corps of Engineers for authorized
project purposes.
SEC. 565. NAMINGS.
(a) Francis Bland Floodway Ditch, Arkansas.--
(1) Designation.--8-Mile Creek in Paragould, Arkansas, shall
be known and designated as the ``Francis Bland Floodway Ditch''.
(2) Legal reference.--Any reference in a law, map,
regulation, document, paper, or other record of the United
States to the creek referred to in paragraph (1) shall be deemed
to be a reference to the ``Francis Bland Floodway Ditch''.
(b) Lawrence Blackwell Memorial Bridge, Arkansas.--
(1) Designation.--The bridge over lock and dam numbered 4 on
the Arkansas River, Arkansas, constructed as part of the project
for navigation on the Arkansas River and tributaries, shall be
known and designated as the ``Lawrence Blackwell Memorial
Bridge''.
(2) Legal reference.--Any reference in a law, map,
regulation, document, paper, or other record of the United
States to the bridge referred to in paragraph (1) shall be
deemed to be a reference to the ``Lawrence Blackwell Memorial
Bridge''.
[[Page 113 STAT. 367]]
(c) John H. Chafee National Wildlife Refuge.--Title II of Public Law
100-610 (16 U.S.C. 668dd note; 102 Stat. 3176) is amended--
(1) in the title heading, by striking ``PETTAQUAMSCUTT
COVE'' and inserting ``JOHN H. CHAFEE'';
(2) in section 201--
(A) in paragraph (3), by striking ``and'' at the
end;
(B) in paragraph (4), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(5) John H. Chafee has been a steadfast champion for the
conservation of fish, wildlife, and natural resources throughout
a distinguished career of public service to the people of Rhode
Island and the United States.'';
(3) in section 202, by striking ``Pettaquamscutt Cove'' and
inserting ``John H. Chafee''; and
(4) in section 203(1), by striking ``Pettaquamscutt Cove''
and inserting ``John H. Chafee''.
SEC. 566. FOLSOM DAM AND RESERVOIR ADDITIONAL STORAGE AND
ADDITIONAL FLOOD CONTROL STUDIES.
(a) Folsom Flood Control Studies.--
(1) In general.--The Secretary, in consultation with the
State of California and local water resources agencies, shall
undertake a study of increasing surcharge flood control storage
at the Folsom Dam and Reservoir.
(2) Limitations.--The study of the Folsom Dam and Reservoir
undertaken under paragraph (1) shall assume that there is to be
no increase in conservation storage at the Folsom Reservoir.
(3) Report.--Not <<NOTE: Deadline.>> later than March 1,
2000, the Secretary shall transmit to Congress a report on the
results of the study under this subsection.
(b) American and Sacramento Rivers Flood Control Study.--
(1) In general.--The Secretary shall undertake a study of
all levees on the American River and on the Sacramento River
downstream and immediately upstream of the confluence of such
Rivers to access opportunities to increase potential flood
protection through levee modifications.
(2) Deadline for completion.--Not later than March 1, 2000,
the Secretary shall transmit to Congress a report on the results
of the study undertaken under this subsection.
SEC. 567. WALLOPS ISLAND, VIRGINIA.
(a) Emergency Action.--The Secretary shall take emergency action to
protect Wallops Island, Virginia, from damaging coastal storms, by
improving and extending the existing seawall, replenishing and
renourishing the beach, and constructing protective dunes.
(b) Reimbursement.--The Secretary may seek reimbursement from other
Federal agencies whose resources are protected by the emergency action
taken under subsection (a).
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $8,000,000.
[[Page 113 STAT. 368]]
SEC. 568. DETROIT RIVER, MICHIGAN.
(a) Greenway Corridor Study.--The Secretary shall conduct a study to
determine the feasibility of a project for shoreline protection, frontal
erosion, and associated purposes in the Detroit River shoreline area
from the Belle Isle Bridge to the Ambassador Bridge in Detroit,
Michigan.
(b) Potential Modifications.--As part of the study, the Secretary
shall review potential project modifications to any Corps of Engineers
project within the Detroit River shoreline area.
(c) Repair and Rehabilitation.--
(1) In general.--The Secretary may repair and rehabilitate
the seawalls on the Detroit River in Detroit, Michigan, if the
Secretary determines that such work is technically sound,
environmentally acceptable, and economically justified.
(2) Authorization of appropriations.--There is authorized to
be appropriated to carry out paragraph (1) $1,000,000 for the
period beginning with fiscal year 2000.
SEC. 569. NORTHEASTERN MINNESOTA.
(a) Definition of Northeastern Minnesota.--In this section, the term
``northeastern Minnesota'' means the counties of Cook, Lake, St. Louis,
Koochiching, Itasca, Cass, Crow Wing, Aitkin, Carlton, Pine, Kanabec,
Mille Lacs, Morrison, Benton, Sherburne, Isanti, and Chisago, Minnesota.
(b) Establishment of Program.--The Secretary may establish a pilot
program to provide environmental assistance to non-Federal interests in
northeastern Minnesota.
(c) Form of Assistance.--Assistance under this section may be in the
form of design and construction assistance for water-related
environmental infrastructure and resource protection and development
projects in northeastern Minnesota, including projects for wastewater
treatment and related facilities, water supply and related facilities,
environmental restoration, and surface water resource protection and
development.
(d) Public Ownership Requirement.--The Secretary may provide
assistance for a project under this section only if the project is
publicly owned.
(e) Local Cooperation Agreement.--
(1) In general.--Before providing assistance under this
section, the Secretary shall enter into a local cooperation
agreement with a non-Federal interest to provide for design and
construction of the project to be carried out with the
assistance.
(2) Requirements.--Each local cooperation agreement entered
into under this subsection shall provide for the following:
(A) Plan.--Development by the Secretary, in
consultation with appropriate Federal and State
officials, of a facilities or resource protection and
development plan, including appropriate engineering
plans and specifications.
(B) Legal and institutional structures.--
Establishment of such legal and institutional structures
as are necessary to ensure the effective long-term
operation of the project by the non-Federal interest.
(3) Cost sharing.--
(A) In general.--The Federal share of project costs
under each local cooperation agreement entered into
under this subsection shall be 75 percent. The Federal
share
[[Page 113 STAT. 369]]
may be in the form of grants or reimbursements of
project costs.
(B) Credit for design work.--The non-Federal
interest shall receive credit for the reasonable costs
of design work completed by the non-Federal interest
before entering into a local cooperation agreement with
the Secretary for a project. The credit for the design
work shall not exceed 6 percent of the total
construction costs of the project.
(C) Credit for interest.--In case of a delay in the
funding of the non-Federal share of the costs of a
project that is the subject of an agreement under this
section, the non-Federal interest shall receive credit
for reasonable interest incurred in providing the non-
Federal share of the project's costs.
(D) Land, easements, and rights-of-way credit.--The
non-Federal interest shall receive credit for land,
easements, rights-of-way, and relocations toward the
non-Federal share of project costs (including all
reasonable costs associated with obtaining permits
necessary for the construction, operation, and
maintenance of the project on publicly owned or
controlled land), but not to exceed 25 percent of total
project costs.
(E) Operation and maintenance.--The non-Federal
share of operation and maintenance costs for projects
constructed with assistance provided under this section
shall be 100 percent.
(f) Applicability of Other Federal and State Laws.--Nothing in this
section waives, limits, or otherwise affects the applicability of any
provision of Federal or State law that would otherwise apply to a
project to be carried out with assistance provided under this section.
(g) Report.--Not <<NOTE: Deadline.>> later than December 31, 2001,
the Secretary shall submit to Congress a report on the results of the
pilot program carried out under this section, including recommendations
concerning whether the program should be implemented on a national
basis.
(h) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $40,000,000 for the period
beginning with fiscal year 2000, to remain available until expended.
SEC. 570. ALASKA.
(a) Definition of Native Corporation.--In this section, the term
``Native Corporation'' has the meaning given the term in section 3 of
the Alaska Native Claims Settlement Act (43 U.S.C. 1602).
(b) Establishment of Program.--The Secretary may establish a pilot
program to provide environmental assistance to non-Federal interests in
Alaska.
(c) Form of Assistance.--Assistance under this section may be in the
form of design and construction assistance for water-related
environmental infrastructure and resource protection and development
projects in Alaska, including projects for wastewater treatment and
related facilities, water supply and related facilities, and surface
water resource protection and development.
[[Page 113 STAT. 370]]
(d) Ownership Requirements.--The Secretary may provide assistance
for a project under this section only if the project is publicly owned
or is owned by a Native Corporation.
(e) Local Cooperation Agreements.--
(1) In general.--Before providing assistance under this
section, the Secretary shall enter into a local cooperation
agreement with a non-Federal interest to provide for design and
construction of the project to be carried out with the
assistance.
(2) Requirements.--Each local cooperation agreement entered
into under this subsection shall provide for the following:
(A) Plan.--Development by the Secretary, in
consultation with appropriate Federal and State
officials, of a facilities or resource protection and
development plan, including appropriate engineering
plans and specifications.
(B) Legal and institutional structures.--
Establishment of such legal and institutional structures
as are necessary to ensure the effective long-term
operation of the project by the non-Federal interest.
(3) Cost sharing.--
(A) In general.--The Federal share of the project
costs under each local cooperation agreement entered
into under this subsection shall be 75 percent. The
Federal share may be in the form of grants or
reimbursements of project costs.
(B) Credit for design work.--The non-Federal
interest shall receive credit for the reasonable costs
of design work completed by the non-Federal interest
before entering into a local cooperation agreement with
the Secretary for a project. The credit for the design
work shall not exceed 6 percent of the total
construction costs of the project.
(C) Credit for interest.--In case of a delay in the
funding of the non-Federal share of a project that is
the subject of an agreement under this section, the non-
Federal interest shall receive credit for reasonable
interest incurred in providing the non-Federal share of
the project's costs.
(D) Land, easements, and rights-of-way credit.--The
non-Federal interest shall receive credit for land,
easements, rights-of-way, and relocations toward the
non-Federal share of project costs (including all
reasonable costs associated with obtaining permits
necessary for the construction, operation, and
maintenance of the project on publicly owned or
controlled land), but not to exceed 25 percent of total
project costs.
(E) Operation and maintenance.--The non-Federal
share of operation and maintenance costs for projects
constructed with assistance provided under this section
shall be 100 percent.
(f) Applicability of Other Federal and State Laws.--Nothing in this
section waives, limits, or otherwise affects the applicability of any
provision of Federal or State law that would otherwise apply to a
project to be carried out with assistance provided under this section.
(g) Report.--Not <<NOTE: Deadline.>> later than December 31, 2001,
the Secretary shall submit to Congress a report on the results of the
pilot program
[[Page 113 STAT. 371]]
carried out under this section, including a recommendation concerning
whether the program should be implemented on a national basis.
(h) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $25,000,000 for the period
beginning with fiscal year 2000, to remain available until expended.
SEC. 571. CENTRAL WEST VIRGINIA.
(a) Definition of Central West Virginia.--In this section, the term
``central West Virginia'' means the counties of Mason, Jackson, Putnam,
Kanawha, Roane, Wirt, Calhoun, Clay, Nicholas, Braxton, Gilmer, Lewis,
Upshur, Randolph, Pendleton, Hardy, Hampshire, Morgan, Berkeley, and
Jefferson, West Virginia.
(b) Establishment of Program.--The Secretary may establish a pilot
program to provide environmental assistance to non-Federal interests in
central West Virginia.
(c) Form of Assistance.--Assistance under this section may be in the
form of design and construction assistance for water-related
environmental infrastructure and resource protection and development
projects in central West Virginia, including projects for wastewater
treatment and related facilities, water supply and related facilities,
and surface water resource protection and development.
(d) Public Ownership Requirement.--The Secretary may provide
assistance for a project under this section only if the project is
publicly owned.
(e) Local Cooperation Agreements.--
(1) In general.--Before providing assistance under this
section, the Secretary shall enter into a local cooperation
agreement with a non-Federal interest to provide for design and
construction of the project to be carried out with the
assistance.
(2) Requirements.--Each local cooperation agreement entered
into under this subsection shall provide for the following:
(A) Plan.--Development by the Secretary, in
consultation with appropriate Federal and State
officials, of a facilities or resource protection and
development plan, including appropriate engineering
plans and specifications.
(B) Legal and institutional structures.--
Establishment of such legal and institutional structures
as are necessary to ensure the effective long-term
operation of the project by the non-Federal interest.
(3) Cost sharing.--
(A) In general.--The Federal share of the project
costs under each local cooperation agreement entered
into under this subsection shall be 75 percent. The
Federal share may be in the form of grants or
reimbursements of project costs.
(B) Credit for design work.--The non-Federal
interest shall receive credit for the reasonable costs
of design work completed by the non-Federal interest
before entering into a local cooperation agreement with
the Secretary for a project. The credit for the design
work shall not exceed 6 percent of the total
construction costs of the project.
[[Page 113 STAT. 372]]
(C) Credit for interest.--In case of a delay in the
funding of the non-Federal share of a project that is
the subject of an agreement under this section, the non-
Federal interest shall receive credit for reasonable
interest incurred in providing the non-Federal share of
the project's costs.
(D) Land, easements, and rights-of-way credit.--The
non-Federal interest shall receive credit for land,
easements, rights-of-way, and relocations toward the
non-Federal share of project costs (including all
reasonable costs associated with obtaining permits
necessary for the construction, operation, and
maintenance of the project on publicly owned or
controlled land), but not to exceed 25 percent of total
project costs.
(E) Operation and maintenance.--The non-Federal
share of operation and maintenance costs for projects
constructed with assistance provided under this section
shall be 100 percent.
(f) Applicability of Other Federal and State Laws.--Nothing in this
section waives, limits, or otherwise affects the applicability of any
provision of Federal or State law that would otherwise apply to a
project to be carried out with assistance provided under this section.
(g) Report.--Not <<NOTE: Deadline.>> later than December 31, 2001,
the Secretary shall submit to Congress a report on the results of the
pilot program carried out under this section, including a recommendation
concerning whether the program should be implemented on a national
basis.
(h) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000 for the period
beginning with fiscal year 2000, to remain available until expended.
SEC. 572. SACRAMENTO METROPOLITAN AREA WATERSHED RESTORATION,
CALIFORNIA.
(a) Limitation.--The Secretary may undertake studies to determine
the extent of ground water contamination and the feasibility of
prevention and cleanup of such contamination resulting from the acts of
a Federal department or agency--
(1) at or in the vicinity of McClellan Air Force Base,
Mather Air Force Base, or Sacramento Army Depot, California; or
(2) at any place in the Sacramento metropolitan area
watershed where the Federal Government would be a responsible
party under any Federal environmental law.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $1,000,000 for the period
beginning with fiscal year 2000.
SEC. 573. ONONDAGA LAKE, NEW YORK.
(a) In General.--The Secretary shall--
(1) plan, design, and construct projects that are consistent
with the Onondaga Lake Management Plan and comply with the
amended consent judgment and the project labor agreement for the
environmental restoration, conservation, and management of
Onondaga Lake, New York; and
(2) provide, in coordination with the Administrator of the
Environmental Protection Agency, financial assistance,
[[Page 113 STAT. 373]]
including grants to the State of New York and political
subdivisions of the State, for the development and
implementation of projects to restore, conserve, and manage the
lake.
(b) Partnership.--
(1) In general.--In carrying out this section, the Secretary
shall establish and lead a partnership with appropriate Federal
agencies (including the Environmental Protection Agency) and the
State of New York and political subdivisions of the State for
the purpose of development and implementation of the projects.
(2) Coordination with actions under other law.--
(A) In general.--The partnership shall coordinate
the actions taken under this section with actions to
restore and conserve Onondaga Lake taken under other
provisions of Federal or State law.
(B) No effect on other law.--Except as provided in
subsection (g), this section does not alter, modify, or
affect any other provision of Federal or State law.
(3) Termination.--Unless the Secretary and the Governor of
the State of New York agree otherwise, the partnership
established under this subsection shall terminate not later than
the date that is 15 years after the date of enactment of this
Act.
(c) Revisions to the Onondaga Lake Management Plan.--
(1) In general.--In consultation with the partnership
established under subsection (b) and after providing for public
review and comment, the Secretary and the Administrator of the
Environmental Protection Agency shall approve revisions to the
Onondaga Lake Management Plan if the Governor of the State of
New York concurs in the approval.
(2) No effect on modification of amended consent judgment.--
Paragraph (1) has no effect on the conditions under which the
amended consent judgment referred to in subsection (a)(1) may be
modified.
(d) Cost Sharing.--
(1) Non-federal share.--The non-Federal share of the cost of
a project constructed under subsection (a) shall be not less
than 30 percent of the total cost of the project and may be
provided through the provision of in-kind services.
(2) Administration and management.--The Secretary's
administration and management of the project shall be at full
Federal expense.
(e) No Effect on Liability.--The provision of financial assistance
under this section shall not relieve from liability any person that
would otherwise be liable under Federal or State law for damages,
response costs, natural resource damages, restitution, equitable relief,
or any other relief.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000.
(g) Repeal.--Title IV of the Great Lakes Critical Programs Act of
1990 (104 Stat. 3010) and section 411 of the Water Resources Development
Act of 1990 (104 Stat. 4648) are repealed effective on the date that is
1 year after the date of enactment of this Act.
[[Page 113 STAT. 374]]
SEC. 574. EAST LYNN LAKE, WEST VIRGINIA.
The Secretary shall defer any decision relating to the leasing of
mineral resources underlying East Lynn Lake, West Virginia, project
lands to the Federal entity vested with such leasing authority.
SEC. 575. EEL RIVER, CALIFORNIA.
(a) In General.--The Secretary shall conduct a study to determine
whether flooding in the city of Ferndale, California, is the result of
the Federal flood control project on the Eel River.
(b) Mitigation Measures.--If the Secretary determines that the
flooding is the result of the project, the Secretary shall take
appropriate measures (including dredging of the Salt River and
construction of sediment ponds at the confluence of Francis, Reas, and
Williams Creeks) to mitigate the flooding.
SEC. 576. NORTH LITTLE ROCK, ARKANSAS.
The Secretary--
(1) shall review a report prepared by the non-Federal
interest concerning flood protection for the Dark Hollow area of
North Little Rock, Arkansas; and
(2) if the Secretary determines that the report meets the
evaluation and design standards of the Corps of Engineers and
that the project is economically justified, technically sound,
and environmentally acceptable, may carry out the project.
SEC. 577. UPPER MISSISSIPPI RIVER, MISSISSIPPI PLACE, ST. PAUL,
MINNESOTA.
(a) In <<NOTE: Contracts.>> General.--The Secretary may enter into a
cooperative agreement to participate in a project for the planning,
design, and construction of infrastructure and other improvements at
Mississippi Place, St. Paul, Minnesota.
(b) Cost Sharing.--
(1) In general.--The Federal share of the cost of the
project shall be 50 percent. The Federal share may be provided
in the form of grants or reimbursements of project costs.
(2) Credit for non-federal work.--The non-Federal interest
shall receive credit toward the non-Federal share of the cost of
the project for reasonable costs incurred by the non-Federal
interest as a result of participation in the planning, design,
and construction of the project.
(3) Land, easements, and rights-of-way credit.--The non-
Federal interest shall receive credit toward the non-Federal
share of the cost of the project for land, easements, rights-of-
way, and relocations provided by the non-Federal interest with
respect to the project.
(4) Operation and maintenance.--The non-Federal share of
operation and maintenance costs for the project shall be 100
percent.
(c) Authorization of Appropriations.--There is authorized to be
appropriated $3,000,000 to carry out this section.
SEC. 578. DREDGING OF SALT PONDS IN THE STATE OF RHODE ISLAND.
The Secretary may acquire for the State of Rhode Island a dredge and
associated equipment with the capacity to dredge approximately 100 cubic
yards per hour for use by the State in dredging salt ponds in the State.
[[Page 113 STAT. 375]]
SEC. 579. UPPER SUSQUEHANNA RIVER BASIN, PENNSYLVANIA AND NEW
YORK.
Section 567(a) of the Water Resources Development Act of 1996 (110
Stat. 3787) is amended by adding at the end the following:
``(3) The Chemung River watershed, New York, at an estimated
Federal cost of $5,000,000.''.
SEC. 580. CUMBERLAND, MARYLAND, FLOOD PROJECT MITIGATION.
(a) In General.--The project for flood control and other purposes,
Cumberland, Maryland, authorized by section 5 of the Act of June 22,
1936 (commonly known as the ``Flood Control Act of 1936'') (49 Stat.
1574, chapter 688), is modified to authorize the Secretary to undertake,
as a separate part of the project, restoration of the historic
Chesapeake and Ohio Canal substantially in accordance with the
Chesapeake and Ohio Canal National Historic Park, Cumberland, Maryland,
Rewatering Design Analysis, dated February 1998, at a total cost of
$15,000,000, with an estimated Federal cost of $9,750,000 and an
estimated non-Federal cost of $5,250,000.
(b) In-Kind Services.--The non-Federal interest for the restoration
project under subsection (a)--
(1) may provide all or a portion of the non-Federal share of
project costs in the form of in-kind services; and
(2) shall receive credit toward the non-Federal share of
project costs for design and construction work performed by the
non-Federal interest before execution of a project cooperation
agreement and for land, easements, and rights-of-way required
for the restoration and acquired by the non-Federal interest
before execution of such an agreement.
(c) Operation and Maintenance.--The operation and maintenance of the
restoration project under subsection (a) shall be the full
responsibility of the National Park Service.
SEC. 581. CITY OF MIAMI BEACH, FLORIDA.
Section 5(b)(3)(C)(i) of the Act of August 13, 1946 (33 U.S.C.
426h), is amended by inserting before the semicolon the following: ``,
including the city of Miami Beach, Florida''.
SEC. 582. RESEARCH AND DEVELOPMENT PROGRAM FOR COLUMBIA AND SNAKE
RIVERS SALMON SURVIVAL.
Section 511 of the Water Resources Development Act of 1996 (16
U.S.C. 3301 note; Public Law 104-303) is amended by striking subsection
(a) and all that follows and inserting the following:
``(a) Salmon Survival Activities.--
``(1) In general.--In conjunction with the Secretary of
Commerce and the Secretary of the Interior, the Secretary shall
accelerate ongoing research and development activities, and may
carry out or participate in additional research and development
activities, for the purpose of developing innovative methods and
technologies for improving the survival of salmon, especially
salmon in the Columbia/Snake River Basin.
``(2) Accelerated activities.--Accelerated research and
development activities referred to in paragraph (1) may include
research and development related to--
``(A) impacts from water resources projects and
other impacts on salmon life cycles;
``(B) juvenile and adult salmon passage;
``(C) light and sound guidance systems;
[[Page 113 STAT. 376]]
``(D) surface-oriented collector systems;
``(E) transportation mechanisms; and
``(F) dissolved gas monitoring and abatement.
``(3) Additional activities.--Additional research and
development activities referred to in paragraph (1) may include
research and development related to--
``(A) studies of juvenile salmon survival in
spawning and rearing areas;
``(B) estuary and near-ocean juvenile and adult
salmon survival;
``(C) impacts on salmon life cycles from sources
other than water resources projects;
``(D) cryopreservation of fish gametes and formation
of a germ plasma repository for threatened and
endangered populations of native fish; and
``(E) other innovative technologies and actions
intended to improve fish survival, including the
survival of resident fish.
``(4) Coordination.--The Secretary shall coordinate any
activities carried out under this subsection with appropriate
Federal, State, and local agencies, affected Indian tribes, and
the Northwest Power Planning Council.
``(5) Report.--Not <<NOTE: Deadline.>> later than 3 years
after the date of enactment of the Water Resources Development
Act of 1999, the Secretary shall submit to Congress a report on
the research and development activities carried out under this
subsection, including any recommendations of the Secretary
concerning the research and development activities.
``(6) Authorization of appropriations.--There is authorized
to be appropriated $10,000,000 to carry out research and
development activities under paragraph (3).
``(b) Advanced Turbine Development.--
``(1) In general.--In conjunction with the Secretary of
Energy, the Secretary shall accelerate efforts toward developing
and installing in Corps of Engineers-operated dams innovative,
efficient, and environmentally safe hydropower turbines,
including design of fish-friendly turbines, for use on the
Columbia/Snake River hydrosystem.
``(2) Authorization of appropriations.--There is authorized
to be appropriated $35,000,000 to carry out this subsection.
``(c) Management of Predation on Columbia/Snake River System Native
Fishes.--
``(1) Nesting avian predators.--In conjunction with the
Secretary of Commerce and the Secretary of the Interior, and
consistent with a management plan to be developed by the United
States Fish and Wildlife Service, the Secretary shall carry out
methods to reduce nesting populations of avian predators on
dredge spoil islands in the Columbia River under the
jurisdiction of the Secretary.
``(2) Authorization of appropriations.--There is authorized
to be appropriated $1,000,000 to carry out research and
development activities under this subsection.
``(d) Implementation.--Nothing in this section affects the authority
of the Secretary to implement the results of the research and
development carried out under this section or any other law.''.
[[Page 113 STAT. 377]]
SEC. 583. LARKSPUR FERRY CHANNEL, CALIFORNIA.
The Secretary shall work with the Secretary of Transportation on a
proposed solution to carry out the project to maintain the Larkspur
Ferry Channel, Larkspur, California, authorized by section 601(d) of the
Water Resources Development Act of 1986 (100 Stat. 4148).
SEC. 584. HOLES CREEK FLOOD CONTROL PROJECT, OHIO.
(a) In General.--Notwithstanding any other provision of law, the
non-Federal share of project costs for the project for flood control,
Holes Creek, Ohio, shall not exceed the sum of--
(1) the total amount projected as the non-Federal share as
of September 30, 1996, in the Project Cooperation Agreement
executed on that date; and
(2) 100 percent of the amount of any increases in the cost
of the locally preferred plan over the cost estimated in the
Project Cooperation Agreement.
(b) Reimbursement.--The Secretary shall reimburse the non-Federal
interest any amount paid by the non-Federal interest in excess of the
non-Federal share.
SEC. 585. <<NOTE: 33 USC 59hh.>> SAN JACINTO DISPOSAL AREA, GALVESTON,
TEXAS.
Section 108 of the Energy and Water Development Appropriations Act,
1994 (107 Stat. 1320), is amended--
(1) in the first sentence of subsection (a), by inserting
``all or any part of'' after ``absolute title to'';
(2) by striking subsection (b) and inserting the following:
``(b) Compensation for Conveyance.--
``(1) In general.--Upon receipt of compensation from the
city of Galveston, the Secretary shall convey the parcel, or any
part of the parcel, as described in subsection (a).
``(2) Full parcel.--If the full 605-acre parcel is conveyed,
the compensation shall be--
``(A) conveyance to the Department of the Army of
fee simple absolute title to a parcel of land containing
approximately 564 acres on Pelican Island, Texas, in the
Eneas Smith Survey, A-190, Pelican Island, city of
Galveston, Galveston County, Texas, adjacent to property
currently owned by the United States, with the fair
market value of the parcel being determined in
accordance with subsection (d); and
``(B) payment to the United States of an amount
equal to the difference between the fair market value of
the parcel to be conveyed under subsection (a) and the
fair market value of the parcel to be conveyed under
subparagraph (A).
``(3) Partial parcel.--If the conveyance is 125 acres or
less, compensation shall be an amount equal to the fair market
value of the parcel to be conveyed, with the fair market value
of the parcel being determined in accordance with subsection
(d).''; and
(3) in the second sentence of subsection (c)--
(A) by inserting ``, or any part of the parcel,''
after ``parcel''; and
(B) by inserting ``, if any,'' after ``LCA''.
[[Page 113 STAT. 378]]
SEC. 586. WATER MONITORING STATION.
Section 584(b) of the Water Resources Development Act of 1996 (110
Stat. 3791) is amended by striking ``$50,000'' and inserting
``$100,000''.
SEC. 587. OVERFLOW MANAGEMENT FACILITY, RHODE ISLAND.
Section 585 of the Water Resources Development Act of 1996 (110
Stat. 3791) is amended--
(1) in subsection (a), by striking ``river'' and inserting
``sewer''; and
(2) in subsection (b), by striking ``$30,000,000'' and
inserting ``$60,000,000''.
SEC. 588. LOWER CHENA RIVER, ALASKA.
The Secretary may expend up to $500,000 in fiscal year 2000 to
complete the dredging project initiated on the Lower Chena River,
Alaska.
SEC. 589. NUMANA DAM FISH PASSAGE, NEVADA.
After the date of enactment of this Act, the Secretary shall
complete planning, design, and construction of the Numana Dam Fish
Passage Project, currently being evaluated under section 1135 of the
Water Resources Development Act of 1986 (33 U.S.C. 2309a), under section
906(b) of that Act (33 U.S.C. 2283(b)).
SEC. 590. EMBREY DAM, VIRGINIA.
(a) In General.--The Secretary shall remove the Embrey Dam on the
Rappahannock River at Fredericksburg, Virginia, at full Federal expense.
(b) Use of Existing Studies.--The Secretary shall expedite the
feasibility study and preconstruction, engineering, and design of the
project by using, to the maximum extent practicable, existing studies
prepared by the State and non-Federal interests.
(c) Authorization.--There is authorized to be appropriated to carry
out this section $10,000,000.
SEC. 591. ENVIRONMENTAL REMEDIATION, FRONT ROYAL, VIRGINIA.
(a) Participation of Secretary.--
(1) Authorization.--The Secretary shall participate with
other Federal departments and agencies in environmental
restoration and remediation activities (including the demolition
of contaminated buildings) at the Avtex Fibers facility in Front
Royal, Virginia, at full Federal expense.
(2) Authorization of appropriations.--There is authorized to
be appropriated to carry out this section $12,000,000.
(b) Participation of Secretary of Defense.--
(1) Requirement.--The Secretary of Defense shall make
available $5,000,000 for environmental restoration and
remediation activities (including the demolition of contaminated
buildings) at the Avtex Fibers facility in Front Royal,
Virginia.
(2) Source of funds.--The amount made available under
paragraph (1) shall be derived from amounts in the Environmental
Restoration Account, Formerly Used Defense Sites, established by
section 2703 of title 10, United States Code.
[[Page 113 STAT. 379]]
SEC. 592. MISSISSIPPI.
(a) Establishment of Program.--The Secretary may establish a pilot
program to provide environmental assistance to non-Federal interests in
Mississippi.
(b) Form of Assistance.--Assistance under this section may be in the
form of design and construction assistance for water-related
environmental infrastructure and resource protection and development
projects in Mississippi, including projects for wastewater treatment and
related facilities, elimination or control of combined sewer overflows,
water supply and related facilities, environmental restoration, and
surface water resource protection and development.
(c) Public Ownership Requirement.--The Secretary may provide
assistance for a project under this section only if the project is
publicly owned.
(d) Local Cooperation Agreement.--
(1) In general.--Before providing assistance under this
section, the Secretary shall enter into a local cooperation
agreement with a non-Federal interest to provide for design and
construction of the project to be carried out with the
assistance.
(2) Requirements.--Each local cooperation agreement entered
into under this subsection shall provide for the following:
(A) Plan.--Development by the Secretary, in
consultation with appropriate Federal and State
officials, of a facilities or resource protection and
development plan, including appropriate engineering
plans and specifications.
(B) Legal and institutional structures.--
Establishment of such legal and institutional structures
as are necessary to ensure the effective long-term
operation of the project by the non-Federal interest.
(3) Cost sharing.--
(A) In general.--The Federal share of project costs
under each local cooperation agreement entered into
under this subsection shall be 75 percent. The Federal
share may be in the form of grants or reimbursements of
project costs.
(B) Credit for design work.--The non-Federal
interest shall receive credit for the reasonable costs
of design work completed by the non-Federal interest
before entering into a local cooperation agreement with
the Secretary for a project. The credit for the design
work shall not exceed 6 percent of the total
construction costs of the project.
(C) Credit for interest.--In case of a delay in the
funding of the non-Federal share of the costs of a
project that is the subject of an agreement under this
section, the non-Federal interest shall receive credit
for reasonable interest incurred in providing the non-
Federal share of the project's costs.
(D) Land, easements, and rights-of-way credit.--The
non-Federal interest shall receive credit for land,
easements, rights-of-way, and relocations toward the
non-Federal share of project costs (including all
reasonable costs associated with obtaining permits
necessary for the construction, operation, and
maintenance of the project
[[Page 113 STAT. 380]]
on publicly owned or controlled land), but not to exceed
25 percent of total project costs.
(E) Operation and maintenance.--The non-Federal
share of operation and maintenance costs for projects
constructed with assistance provided under this section
shall be 100 percent.
(e) Applicability of Other Federal and State Laws.--Nothing in this
section waives, limits, or otherwise affects the applicability of any
provision of Federal or State law that would otherwise apply to a
project to be carried out with assistance provided under this section.
(f) Report.--Not <<NOTE: Deadline.>> later than December 31, 2001,
the Secretary shall submit to Congress a report on the results of the
pilot program carried out under this section, including recommendations
concerning whether the program should be implemented on a national
basis.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $25,000,000 for the period
beginning with fiscal year 2000, to remain available until expended.
SEC. 593. CENTRAL NEW MEXICO.
(a) Definition of Central New Mexico.--In this section, the term
``central New Mexico'' means the counties of Bernalillo, Sandoval, and
Valencia, New Mexico.
(b) Establishment of Program.--The Secretary may establish a pilot
program to provide environmental assistance to non-Federal interests in
central New Mexico.
(c) Form of Assistance.--Assistance under this section may be in the
form of design and construction assistance for water-related
environmental infrastructure and resource protection and development
projects in central New Mexico, including projects for wastewater
treatment and related facilities, water supply, conservation, and
related facilities, stormwater retention and remediation, environmental
restoration, and surface water resource protection and development.
(d) Public Ownership Requirement.--The Secretary may provide
assistance for a project under this section only if the project is
publicly owned.
(e) Local Cooperation Agreement.--
(1) In general.--Before providing assistance under this
section, the Secretary shall enter into a local cooperation
agreement with a non-Federal interest to provide for design and
construction of the project to be carried out with the
assistance.
(2) Requirements.--Each local cooperation agreement entered
into under this subsection shall provide for the following:
(A) Plan.--Development by the Secretary, in
consultation with appropriate Federal and State
officials, of a facilities or resource protection and
development plan, including appropriate engineering
plans and specifications.
(B) Legal and institutional structures.--
Establishment of such legal and institutional structures
as are necessary to ensure the effective long-term
operation of the project by the non-Federal interest.
(3) Cost sharing.--
[[Page 113 STAT. 381]]
(A) In general.--The Federal share of project costs
under each local cooperation agreement entered into
under this subsection shall be 75 percent. The Federal
share may be in the form of grants or reimbursements of
project costs.
(B) Credit for design work.--The non-Federal
interest shall receive credit for the reasonable costs
of design work completed by the non-Federal interest
before entering into a local cooperation agreement with
the Secretary for a project. The credit for the design
work shall not exceed 6 percent of the total
construction costs of the project.
(C) Credit for interest.--In case of a delay in the
funding of the non-Federal share of the costs of a
project that is the subject of an agreement under this
section, the non-Federal interest shall receive credit
for reasonable interest incurred in providing the non-
Federal share of the project's costs.
(D) Land, easements, and rights-of-way credit.--The
non-Federal interest shall receive credit for land,
easements, rights-of-way, and relocations toward the
non-Federal share of project costs (including all
reasonable costs associated with obtaining permits
necessary for the construction, operation, and
maintenance of the project on publicly owned or
controlled land), but not to exceed 25 percent of total
project costs.
(E) Operation and maintenance.--The non-Federal
share of operation and maintenance costs for projects
constructed with assistance provided under this section
shall be 100 percent.
(f) Applicability of Other Federal and State Laws.--Nothing in this
section waives, limits, or otherwise affects the applicability of any
provision of Federal or State law that would otherwise apply to a
project to be carried out with assistance provided under this section.
(g) Report.--Not <<NOTE: Deadline.>> later than December 31, 2001,
the Secretary shall submit to Congress a report on the results of the
pilot program carried out under this section, including recommendations
concerning whether the program should be implemented on a national
basis.
(h) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $25,000,000 for the period
beginning with fiscal year 2000, to remain available until expended.
SEC. 594. OHIO.
(a) Establishment of Program.--The Secretary shall establish a
program to provide environmental assistance to non-Federal interests in
Ohio.
(b) Form of Assistance.--Assistance under this section may be in the
form of design and construction assistance for water-related
environmental infrastructure and resource protection and development
projects in Ohio, including projects for--
(1) wastewater treatment and related facilities;
(2) combined sewer overflow, water supply, storage,
treatment, and related facilities;
(3) mine drainage;
[[Page 113 STAT. 382]]
(4) environmental restoration; and
(5) surface water resource protection and development.
(c) Public Ownership Requirement.--The Secretary may provide
assistance for a project under this section only if the project is
publicly owned.
(d) Project Cooperation Agreements.--
(1) In general.--Before providing assistance under this
section, the Secretary shall enter into a project cooperation
agreement with a non-Federal interest to provide for design and
construction of the project to be carried out with the
assistance.
(2) Requirements.--Each project cooperation agreement
entered into under this subsection shall provide for the
following:
(A) Plan.--Development by the Secretary, in
consultation with appropriate Federal and State
officials, of a facilities development plan or resource
protection plan, including appropriate plans and
specifications.
(B) Legal and institutional structures.--
Establishment of such legal and institutional structures
as are necessary to ensure the effective long-term
operation of the project by the non-Federal interest.
(3) Cost sharing.--
(A) In general.--The Federal share of project costs
under each project cooperation agreement entered into
under this subsection shall be 75 percent. The Federal
share may be in the form of grants or reimbursements of
project costs.
(B) Credit for design work.--The non-Federal
interest shall receive credit for the reasonable costs
of design work completed by the non-Federal interest
before entering into a project cooperation agreement
with the Secretary.
(C) Credit for certain financing costs.--In case of
a delay in the reimbursement of the non-Federal share of
the costs of a project, the non-Federal interest shall
receive credit for reasonable interest and other
associated financing costs necessary for the non-Federal
interest to provide the non-Federal share of the project
costs.
(D) Land, easements, rights-of-way, and
relocations.--The non-Federal interest shall receive
credit for land, easements, rights-of-way, and
relocations provided by the non-Federal interest toward
the non-Federal share of project costs (including costs
associated with obtaining permits necessary for the
placement of the project on publicly owned or controlled
land), but not to exceed 25 percent of total project
costs.
(E) Operation and maintenance.--The non-Federal
share of operation and maintenance costs for projects
constructed under an agreement entered into under this
subsection shall be 100 percent.
(e) Applicability of Other Federal and State Laws.--Nothing in this
section waives, limits, or otherwise affects the applicability of any
provision of Federal or State law that would otherwise apply to a
project to be carried out with assistance provided under this section.
[[Page 113 STAT. 383]]
(f) Report.--Not <<NOTE: Deadline.>> later than December 31, 2001,
the Secretary shall submit to Congress a report on the results of the
program carried out under this section, including recommendations
concerning whether the program should be implemented on a national
basis.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $60,000,000.
SEC. 595. RURAL NEVADA AND MONTANA.
(a) Definition of Rural Nevada.--In this section, the term ``rural
Nevada'' means--
(1) the counties of Lincoln, White Pine, Nye, Eureka, Elko,
Humboldt, Pershing, Churchill, Storey, Lyon, Carson, Douglas,
Mineral, Esmeralda, and Lander, Nevada;
(2) the portions of Washoe County, Nevada, that are located
outside the cities of Reno and Sparks; and
(3) the portions of Clark County, Nevada, that are located
outside the cities of Las Vegas, North Las Vegas, and Henderson
and the unincorporated portion of the county in the Las Vegas
Valley.
(b) Establishment of Program.--The Secretary may establish a program
for providing environmental assistance to non-Federal interests in rural
Nevada and Montana.
(c) Form of Assistance.--Assistance under this section may be in the
form of design and construction assistance for water-related
environmental infrastructure and resource protection and development
projects in rural Nevada and Montana, including projects for--
(1) wastewater treatment and related facilities;
(2) water supply and related facilities;
(3) environmental restoration; and
(4) surface water resource protection and development.
(d) Public Ownership Requirement.--The Secretary may provide
assistance for a project under this section only if the project is
publicly owned.
(e) Local Cooperation Agreement.--
(1) In general.--Before providing assistance under this
section, the Secretary shall enter into a local cooperation
agreement with a non-Federal interest to provide for design and
construction of the project to be carried out with the
assistance.
(2) Requirements.--Each local cooperation agreement entered
into under this subsection shall provide for the following:
(A) Plan.--Development by the Secretary, in
consultation with appropriate Federal and State
officials, of a facilities or resource protection and
development plan, including appropriate engineering
plans and specifications.
(B) Legal and institutional structures.--
Establishment of such legal and institutional structures
as are necessary to ensure the effective long-term
operation of the project by the non-Federal interest.
(3) Cost sharing.--
(A) In general.--The Federal share of project costs
under each local cooperation agreement entered into
under this subsection shall be 75 percent. The Federal
share may be in the form of grants or reimbursements of
project costs.
[[Page 113 STAT. 384]]
(B) Credit for design work.--The non-Federal
interest shall receive credit for the reasonable costs
of design work completed by the non-Federal interest
before entering into a local cooperation agreement with
the Secretary for a project.
(C) Credit for interest.--In case of a delay in the
funding of the non-Federal share of the costs of a
project that is the subject of an agreement under this
section, the non-Federal interest shall receive credit
for reasonable interest incurred in providing the non-
Federal share of the project costs.
(D) Land, easements, rights-of-way, and
relocations.--The non-Federal interest shall receive
credit for land, easements, rights-of-way, and
relocations provided by the non-Federal interest toward
the non-Federal share of project costs (including all
reasonable costs associated with obtaining permits
necessary for the construction, operation, and
maintenance of the project on publicly owned or
controlled land), but not to exceed 25 percent of total
project costs.
(E) Operation and maintenance.--The non-Federal
share of operation and maintenance costs for projects
constructed with assistance provided under this section
shall be 100 percent.
(f) Applicability of Other Federal and State Laws.--Nothing in this
section waives, limits, or otherwise affects the applicability of any
provision of Federal or State law that would otherwise apply to a
project to be carried out with assistance provided under this section.
(g) Report.--Not <<NOTE: Deadline.>> later than December 31, 2001,
the Secretary shall submit to Congress a report on the results of the
program carried out under this section, including recommendations
concerning whether the program should be implemented on a national
basis.
(h) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section for the period beginning with
fiscal year 2001--
(1) $25,000,000 for rural Nevada; and
(2) $25,000,000 for Montana;
to remain available until expended.
SEC. 596. PHOENIX, ARIZONA.
Section 1608 of the Reclamation Wastewater and Groundwater Study and
Facilities Act (43 U.S.C. 390h-6) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) The Secretary, in cooperation with the city of Phoenix,
Arizona, shall participate in the planning, design, and construction of
the Phoenix Metropolitan Water Reclamation and Reuse Project to utilize
fully wastewater from the regional wastewater treatment plant for direct
municipal, industrial, agricultural and environmental purposes,
groundwater recharge and indirect potable reuse in the Phoenix
metropolitan area.'';
(2) in subsection (b), by striking the first sentence; and
(3) by striking subsection (c).
[[Page 113 STAT. 385]]
SEC. 597. NATIONAL HARBOR, MARYLAND.
(a) In General.--The first section of Public Law 99-215 (99 Stat.
1724) is amended in the first sentence of subsection (a)(2) by striking
``solely'' and inserting ``for transportation or''.
(b) Revision <<NOTE: Deadline.>> of Quitclaim Deed.--Not later than
30 days after the date of enactment of this Act, the Secretary of the
Interior shall--
(1) with the consent of the grantee, withdraw and revise any
terms or conditions in the quitclaim deed of December 16, 1986,
between the United States and the Maryland-National Capital Park
and Planning Commission that limit the authority of the
Maryland-National Capital Park and Planning Commission to use
the property for transportation purposes; and
(2) prepare, execute, and record a deed that is consistent
with this section and the amendment made by subsection (a).
(c) Effect on Environmental Law.--Nothing in this section abrogates
any requirement of any environmental law.
TITLE VI--CHEYENNE RIVER SIOUX TRIBE, LOWER BRULE SIOUX TRIBE, AND STATE
OF SOUTH DAKOTA TERRESTRIAL WILDLIFE HABITAT RESTORATION
SEC. 601. DEFINITIONS.
In this title, the following definitions apply:
(1) Commission.--The term ``Commission'' means the South
Dakota Cultural Resources Advisory Commission established by
section 605(j).
(2) Restoration.--The term ``restoration'' means mitigation
of the habitat of wildlife.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Army.
(4) Terrestrial wildlife habitat.--The term ``terrestrial
wildlife habitat'' means a habitat for a wildlife species
(including game and nongame species) that existed or exists on
an upland habitat (including a prairie grassland, woodland,
bottom land forest, scrub, or shrub) or an emergent wetland
habitat.
(5) Wildlife.--The term ``wildlife'' has the meaning given
the term in section 8 of the Fish and Wildlife Coordination Act
(16 U.S.C. 666b).
SEC. 602. TERRESTRIAL WILDLIFE HABITAT RESTORATION.
(a) Terrestrial Wildlife Habitat Restoration Plans.--
(1) In general.--In accordance with this subsection and in
consultation with the Secretary and the Secretary of the
Interior, the State of South Dakota, the Cheyenne River Sioux
Tribe, and the Lower Brule Sioux Tribe shall, as a condition of
the receipt of funds under this title, each develop a plan for
the restoration of terrestrial wildlife habitat loss that
occurred as a result of flooding related to the Big Bend and
Oahe projects carried out as part of the Pick-Sloan Missouri
River Basin program.
[[Page 113 STAT. 386]]
(2) Submission of plan to secretary.--On completion of a
plan for terrestrial wildlife habitat restoration, the State of
South Dakota, the Cheyenne River Sioux Tribe, and the Lower
Brule Sioux Tribe shall submit the plan to the Secretary.
(3) Review by secretary and submission to committees.--The
Secretary shall review the plan and submit the plan, with any
comments, to the appropriate committees of the Senate and the
House of Representatives.
(4) Funding for carrying out plans.--
(A) State of south dakota.--
(i) Notification.--On receipt of the plan for
terrestrial wildlife habitat restoration submitted
by the State of South Dakota, each of the
committees referred to in paragraph (3) shall
notify the Secretary of the receipt of the plan.
(ii) Availability of funds.--On notification
in accordance with clause (i), the Secretary shall
make available to the State of South Dakota funds
from the South Dakota Terrestrial Wildlife Habitat
Restoration Trust Fund established under section
603, to be used to carry out the plan for
terrestrial wildlife habitat restoration submitted
by the State and only after the Trust Fund is
fully capitalized.
(B) Cheyenne river sioux tribe and lower brule sioux
tribe.--
(i) Notification.--On receipt of the plan for
terrestrial wildlife habitat restoration submitted
by the Cheyenne River Sioux Tribe and the Lower
Brule Sioux Tribe, each of the committees referred
to in paragraph (3) shall notify the Secretary of
the Treasury of the receipt of each of the plans.
(ii) Availability of funds.--On notification
in accordance with clause (i), the Secretary of
the Treasury shall make available to the Cheyenne
River Sioux Tribe and the Lower Brule Sioux Tribe
funds from the Cheyenne River Sioux Tribe
Terrestrial Wildlife Habitat Restoration Trust
Fund and the Lower Brule Sioux Tribe Terrestrial
Wildlife Habitat Restoration Trust Fund,
respectively, established under section 604, to be
used to carry out the plan for terrestrial
wildlife habitat restoration submitted by the
Cheyenne River Sioux Tribe and the Lower Brule
Sioux Tribe, respectively, and only after the
Trust Fund is fully capitalized.
(C) Transition period.--
(i) In general.--During the period described
in clause (ii), the Secretary shall--
(I) fund the terrestrial wildlife
habitat restoration programs being
carried out on the date of enactment of
this Act on Oahe and Big Bend project
land and the plans established under
this section at a level that does not
exceed the highest amount of funding
that was provided for the programs
during a previous fiscal year; and
(II) fund the activities described
in sections 603(d)(3) and 604(d)(3).
[[Page 113 STAT. 387]]
(ii) Period.--Clause (i) shall apply during
the period--
(I) beginning on the date of
enactment of this Act; and
(II) ending on the date on which
funds are made available for use from
the South Dakota Terrestrial Wildlife
Habitat Restoration Trust Fund under
section 603(d)(3)(A)(i) and the Cheyenne
River Sioux Tribe Terrestrial Wildlife
Habitat Restoration Trust Fund and the
Lower Brule Sioux Tribe Terrestrial
Wildlife Habitat Restoration Trust Fund
under section 604(d)(3)(A)(i).
(b) Programs for the Purchase of Wildlife Habitat Leases.--
(1) In general.--The State of South Dakota may use funds
made available under section 603(d)(3)(A)(iii) to develop a
program for the purchase of wildlife habitat leases that meets
the requirements of this subsection.
(2) Development of a plan.--
(A) In general.--If the State of South Dakota, the
Cheyenne River Sioux Tribe, or the Lower Brule Sioux
Tribe elects to conduct a program under this subsection,
the State of South Dakota, the Cheyenne River Sioux
Tribe, or the Lower Brule Sioux Tribe (in consultation
with the United States Fish and Wildlife Service and the
Secretary and with an opportunity for public comment)
shall develop a plan to lease land for the protection
and development of wildlife habitat, including habitat
for threatened and endangered species, associated with
the Missouri River ecosystem.
(B) Use for program.--The plan shall be used by the
State of South Dakota, the Cheyenne River Sioux Tribe,
or the Lower Brule Sioux Tribe in carrying out the
program carried out under paragraph (1).
(3) Conditions of leases.--Each lease covered under a
program carried out under paragraph (1) shall specify that the
owner of the property that is subject to the lease shall
provide--
(A) public access for sportsmen during hunting
season; and
(B) public access for other outdoor uses covered
under the lease, as negotiated by the landowner and the
State of South Dakota, the Cheyenne River Sioux Tribe,
or the Lower Brule Sioux Tribe.
(4) Use of assistance.--
(A) State of south dakota.--If the State of South
Dakota conducts a program under this subsection, the
State may use funds made available under section
603(d)(3)(A)(iii) to--
(i) acquire easements, rights-of-way, or
leases for management and protection of wildlife
habitat, including habitat for threatened and
endangered species, and public access to wildlife
on private property in the State of South Dakota;
(ii) create public access to Federal or State
land through the purchase of easements or rights-
of-way that traverse such private property; or
[[Page 113 STAT. 388]]
(iii) lease land for the creation or
restoration of a wetland on such private property.
(B) Cheyenne river sioux tribe and lower brule sioux
tribe.--If the Cheyenne River Sioux Tribe or the Lower
Brule Sioux Tribe conducts a program under this
subsection, the Tribe may use funds made available under
section 604(d)(3)(A)(iii) for the purposes described in
subparagraph (A).
(c) Federal Obligation for Terrestrial Wildlife Habitat Mitigation
for the Big Bend and Oahe Projects in South Dakota.--The establishment
of the trust funds under sections 603 and 604 and the development and
implementation of plans for terrestrial wildlife habitat restoration
developed by the State of South Dakota, the Cheyenne River Sioux Tribe,
and the Lower Brule Sioux Tribe in accordance with this section shall be
considered to satisfy the Federal obligation under the Fish and Wildlife
Coordination Act (16 U.S.C. 661 et seq.) for terrestrial wildlife
habitat mitigation for the State of South Dakota, the Cheyenne River
Sioux Tribe, and the Lower Brule Sioux Tribe for the Big Bend and Oahe
projects carried out as part of the Pick-Sloan Missouri River Basin
program.
SEC. 603. SOUTH DAKOTA TERRESTRIAL WILDLIFE HABITAT RESTORATION
TRUST FUND.
(a) Establishment.--There is established in the Treasury of the
United States a fund to be known as the ``South Dakota Terrestrial
Wildlife Habitat Restoration Trust Fund'' (referred to in this section
as the ``Fund'').
(b) Funding.--For the fiscal year during which this Act is enacted
and each fiscal year thereafter until the aggregate amount deposited in
the Fund under this subsection is equal to at least $108,000,000, the
Secretary of the Treasury shall transfer $10,000,000 from the general
fund of the Treasury to the Fund.
(c) Investments.--
(1) In general.--At the request of the Secretary, the
Secretary of the Treasury shall invest the amounts deposited
under subsection (b) only in interest-bearing obligations of the
United States or in obligations guaranteed by the United States
as to both principal and interest.
(2) Interest rate.--The Secretary of the Treasury shall
invest amounts in the fund in obligations that carry the highest
rate of interest among available obligations of the required
maturity.
(d) Payments.--
(1) In general.--All amounts credited as interest under
subsection (c) shall be available, without fiscal year
limitation, to the State of South Dakota for use in accordance
with paragraph (3) after the Fund has been fully capitalized.
(2) Withdrawal and transfer of funds.--Subject to section
602(a)(4)(A), the Secretary shall withdraw amounts credited as
interest under paragraph (1) and transfer the amounts to the
State of South Dakota for use as State funds in accordance with
paragraph (3) after the Fund has been fully capitalized.
(3) Use of transferred funds.--
[[Page 113 STAT. 389]]
(A) In general.--Subject to subparagraph (B), the
State of South Dakota shall use the amounts transferred
under paragraph (2) only to--
(i) fully fund the annually scheduled work
described in the terrestrial wildlife habitat
restoration plan of the State developed under
section 602(a); and
(ii) with any remaining funds--
(I) protect archaeological,
historical, and cultural sites located
along the Missouri River on land
transferred to the State;
(II) fund all costs associated with
the ownership, management, operation,
administration, maintenance, and
development of recreation areas and
other lands that are transferred to the
State of South Dakota by the Secretary;
(III) purchase and administer
wildlife habitat leases under section
602(b);
(IV) carry out other activities
described in section 602; and
(V) develop and maintain public
access to, and protect, wildlife habitat
and recreation areas along the Missouri
River.
(B) Prohibition.--The amounts transferred under
paragraph (2) shall not be used for the purchase of land
in fee title.
(e) Transfers and Withdrawals.--Except as provided in subsection
(d), the Secretary may not transfer or withdraw any amount deposited
under subsection (b).
(f)
Administrative <<NOTE: Appropriation authorization.>> Expenses.--There
are authorized to be appropriated to the Secretary of the Treasury such
sums as are necessary to pay the administrative expenses of the Fund.
SEC. 604. CHEYENNE RIVER SIOUX TRIBE AND LOWER BRULE SIOUX TRIBE
TERRESTRIAL WILDLIFE HABITAT RESTORATION
TRUST FUNDS.
(a) Establishment.--There are established in the Treasury of the
United States 2 funds to be known as the ``Cheyenne River Sioux Tribe
Terrestrial Wildlife Restoration Trust Fund'' and the ``Lower Brule
Sioux Tribe Terrestrial Wildlife Habitat Restoration Trust Fund'' (each
of which is referred to in this section as a ``Fund'').
(b) Funding.--
(1) In general.--Subject to paragraph (2), for the fiscal
year during which this Act is enacted and each fiscal year
thereafter until the aggregate amount deposited in the Funds
under this subsection is equal to at least $57,400,000, the
Secretary of the Treasury shall transfer $5,000,000 from the
general fund of the Treasury to the Funds.
(2) Allocation.--Of the total amount of funds deposited in
the Funds for a fiscal year, the Secretary of the Treasury shall
deposit--
(A) 74 percent of the funds into the Cheyenne River
Sioux Tribe Terrestrial Wildlife Restoration Trust Fund;
and
(B) 26 percent of the funds into the Lower Brule
Sioux Tribe Terrestrial Wildlife Habitat Restoration
Trust Fund.
(c) Investments.--
[[Page 113 STAT. 390]]
(1) In general.--The Secretary of the Treasury shall invest
the amounts deposited under subsection (b) only in interest-
bearing obligations of the United States or in obligations
guaranteed as to both principal and interest by the United
States.
(2) Interest rate.--The Secretary of the Treasury shall
invest amounts in the Funds in obligations that carry the
highest rate of interest among available obligations of the
required maturity.
(d) Payments.--
(1) In general.--All amounts credited as interest under
subsection (c) shall be available after the Trust Funds are
fully capitalized, without fiscal year limitation, to the
Cheyenne River Sioux Tribe and the Lower Brule Sioux Tribe for
their use in accordance with paragraph (3).
(2) Withdrawal and transfer of funds.--Subject to section
602(a)(4)(B), the Secretary of the Treasury shall withdraw
amounts credited as interest under paragraph (1) and transfer
the amounts to the Cheyenne River Sioux Tribe and the Lower
Brule Sioux Tribe for use in accordance with paragraph (3).
(3) Use of transferred funds.--
(A) In general.--Subject to subparagraph (B), the
Cheyenne River Sioux Tribe and the Lower Brule Sioux
Tribe shall use the amounts transferred under paragraph
(2) only to--
(i) fully fund the annually scheduled work
described in the terrestrial wildlife habitat
restoration plan of the respective Tribe developed
under section 602(a); and
(ii) with any remaining funds--
(I) protect archaeological,
historical, and cultural sites located
along the Missouri River on land
transferred to the respective Tribe;
(II) fund all costs associated with
the ownership, management, operation,
administration, maintenance, and
development of recreation areas and
other lands that are transferred to the
respective Tribe by the Secretary;
(III) purchase and administer
wildlife habitat leases under section
602(b);
(IV) carry out other activities
described in section 602; and
(V) develop and maintain public
access to, and protect, wildlife habitat
and recreation areas along the Missouri
River.
(B) Prohibition.--The amounts transferred under
paragraph (2) shall not be used for the purchase of land
in fee title.
(e) Transfers and Withdrawals.--Except as provided in subsection
(d), the Secretary of the Treasury may not transfer or withdraw any
amount deposited under subsection (b).
(f) Administrative Expenses.--There are authorized to be
appropriated to the Secretary of the Treasury such sums as are necessary
to pay the administrative expenses of the Fund.
SEC. 605. TRANSFER OF FEDERAL LAND TO STATE OF SOUTH DAKOTA.
(a) In General.--
[[Page 113 STAT. 391]]
(1) Transfer.--
(A) In general.--The Secretary shall transfer to the
Department of Game, Fish and Parks of the State of South
Dakota (referred to in this section as the
``Department'') the land and recreation areas described
in subsections (b) and (c) for fish and wildlife
purposes, or public recreation uses, in perpetuity.
(B) Permits, rights-of-way, and easements.--All
permits, rights-of-way, and easements granted by the
Secretary to the Oglala Sioux Tribe for land on the west
side of the Missouri River between the Oahe Dam and
Highway 14, and all permits, rights-of-way, and
easements on any other land administered by the
Secretary and used by the Oglala Sioux Rural Water
Supply System, are granted to the Oglala Sioux Tribe in
perpetuity to be held in trust under section 3(e) of the
Mni Wiconi Project Act of 1988 (102 Stat. 2568).
(2) Uses.--The Department shall maintain and develop the
land outside the recreation areas for fish and wildlife purposes
in accordance with--
(A) fish and wildlife purposes in effect on the date
of enactment of this Act; or
(B) a plan developed under section 602.
(3) Corps of engineers.--The transfer shall not interfere
with the Corps of Engineers operation of a project under this
section for an authorized purpose of the project under the Act
of December 22, 1944 (58 Stat. 887, chapter 665; 33 U.S.C. 701-1
et seq.), or other applicable law.
(4) Secretary.--The Secretary shall retain the right to
inundate with water the land transferred to the Department under
this section or draw down a project reservoir, as necessary to
carry out an authorized purpose of a project.
(b) Land Transferred.--The land described in this subsection is land
that--
(1) is located above the top of the exclusive flood pool of
the Oahe, Big Bend, Fort Randall, and Gavin's Point projects of
the Pick-Sloan Missouri River Basin program;
(2) was acquired by the Secretary for the implementation of
the Pick-Sloan Missouri River Basin program;
(3) is located outside the external boundaries of a
reservation of an Indian Tribe; and
(4) is located within the State of South Dakota.
(c) Recreation Areas Transferred.--A recreation area described in
this section includes the land and facilities within a recreation area
that--
(1) the Secretary determines, at the time of the transfer,
is a recreation area classified for recreation use by the Corps
of Engineers on the date of enactment of this Act;
(2) is located outside the external boundaries of a
reservation of an Indian Tribe;
(3) is located within the State of South Dakota;
(4) is not the recreation area known as ``Cottonwood'',
``Training Dike'', or ``Tailwaters''; and
(5) is located below Gavin's Point Dam in the State of South
Dakota in accordance with boundary agreements and reciprocal
fishing agreements between the State of South Dakota and the
State of Nebraska in effect on the date of
[[Page 113 STAT. 392]]
enactment of this Act, which agreements shall continue to be
honored by the State of South Dakota as the agreements apply to
any land or recreation areas transferred under this title to the
State of South Dakota below Gavin's Point Dam and on the waters
of the Missouri River.
(d) Map.--
(1) In general.--The Secretary, in consultation with the
Department, shall prepare a map of the land and recreation areas
transferred under this section.
(2) Land.--The map shall identify--
(A) land reasonably expected to be required for
project purposes during the 20-year period beginning on
the date of enactment of this Act; and
(B) dams and related structures;
which shall be retained by the Secretary.
(3) Availability.--The map shall be on file in the
appropriate offices of the Secretary.
(e) Schedule for Transfer.--
(1) In general.--Not <<NOTE: Deadline.>> later than 1 year
after the date of enactment of this Act, the Secretary of the
Army and the Secretary of the Department shall jointly develop a
schedule for transferring the land and recreation areas under
this section.
(2) Transfer deadline.--All land and recreation areas shall
be transferred not later than 1 year after the full
capitalization of the Trust Fund described in section 603.
(f) Transfer Conditions.--The land and recreation areas described in
subsections (b) and (c) shall be transferred in fee title to the
Department on the following conditions:
(1) Responsibility for damage.--The Secretary shall not be
responsible for any damage to the land caused by flooding,
sloughing, erosion, or other changes to the land caused by the
operation of any project of the Pick-Sloan Missouri River Basin
program (except as otherwise provided by Federal law).
(2) Easements, rights-of-way, leases, and cost-sharing
agreements.--The Department shall maintain all easements,
rights-of-way, leases, and cost-sharing agreements that are in
effect as of the date of the transfer.
(g) Hunting and Fishing.--
(1) In general.--Except as provided in this section, nothing
in this title affects jurisdiction over the waters of the
Missouri River below the water's edge and outside the exterior
boundaries of an Indian reservation in South Dakota.
(2) Jurisdiction.--
(A) Transferred land.--On transfer of the land under
this section to the State of South Dakota, jurisdiction
over the land shall be the same as that over other land
owned by the State of South Dakota.
(B) Land between the missouri river water's edge and
the level of the exclusive flood pool.--Jurisdiction
over land between the Missouri River water's edge and
the level of the exclusive flood pool outside Indian
reservations in the State of South Dakota shall be the
same as that exercised by the State on other land owned
by the State, and that jurisdiction shall follow the
fluctuations of the water's edge.
[[Page 113 STAT. 393]]
(C) Federal land.--Jurisdiction over land and water
owned by the Federal Government within the boundaries of
the State of South Dakota that are not affected by this
title shall remain unchanged.
(3) Easements and access.--The Secretary shall provide the
State of South Dakota with 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), so long as the easements would 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 (commonly known as
the ``Flood Control Act of 1944'') (58 Stat. 887).
(h) Applicability of Law.--Notwithstanding any other provision of
this Act, the following provisions of law shall apply to land
transferred under this section:
(1) The National Historic Preservation Act (16 U.S.C. 470 et
seq.), including sections 106 and 304 of that Act (16 U.S.C.
470f, 470w-3).
(2) The Archaeological Resources Protection Act of 1979 (16
U.S.C. 470aa et seq.), including sections 4, 6, 7, and 9 of that
Act (16 U.S.C. 470cc, 470ee, 470ff, 470hh).
(3) The Native American Graves Protection Act and
Repatriation Act (25 U.S.C. 3001 et seq.), including subsections
(a) and (d) of section 3 of that Act (25 U.S.C. 3003).
(i) Impact Aid.--The land transferred under subsection (a) shall be
deemed to continue to be owned by the United States for purposes of
section 8002 of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7702).
SEC. 606. TRANSFER OF CORPS OF ENGINEERS LAND FOR INDIAN TRIBES.
(a) In General.--
(1) Transfer.--The Secretary of the Army shall transfer to
the Secretary of the Interior the land and recreation areas
described in subsections (b) and (c) for the use of the Indian
Tribes in perpetuity.
(2) Corps of engineers.--The transfer shall not interfere
with the Corps of Engineers operation of a project under this
section for an authorized purpose of the project under the Act
of December 22, 1944 (58 Stat. 887, chapter 665; 33 U.S.C. 701-1
et seq.), or other applicable law.
(3) Secretary of the army.--The Secretary of the Army shall
retain the right to inundate with water the land transferred to
the Secretary of the Interior under this section or draw down a
project reservoir, as necessary to carry out an authorized
purpose of a project.
(4) Trust.--The Secretary of the Interior shall hold in
trust for the Cheyenne River Sioux Tribe and the Lower Brule
Sioux Tribe the land transferred under this section that is
located within the external boundaries of the reservation of the
Indian Tribes.
(b) Land Transferred.--The land described in this subsection is land
that--
[[Page 113 STAT. 394]]
(1) is located above the top of the exclusive flood pool of
the Big Bend and Oahe projects of the Pick-Sloan Missouri River
Basin program;
(2) was acquired by the Secretary of the Army for the
implementation of the Pick-Sloan Missouri River Basin program;
and
(3) is located within the external boundaries of the
reservation of the Cheyenne River Sioux Tribe and the Lower
Brule Sioux Tribe.
(c) Recreation Areas Transferred.--A recreation area described in
this section includes the land and facilities within a recreation area
that--
(1) the Secretary determines, at the time of the transfer,
is a recreation area classified for recreation
use by the Corps of Engineers on the date of enactment of this Act;
(2) is located within the external boundaries of a
reservation of an Indian Tribe; and
(3) is located within the State of South Dakota.
(d) Map.--
(1) In general.--The Secretary, in consultation with the
governing bodies of the Cheyenne River Sioux Tribe and the Lower
Brule Sioux Tribe, shall prepare a map of the land transferred
under this section.
(2) Land.--The map shall identify--
(A) land reasonably expected to be required for
project purposes during the 20-year period beginning on
the date of enactment of this Act; and
(B) dams and related structures;
which shall be retained by the Secretary.
(3) Availability.--The map shall be on file in the
appropriate offices of the Secretary.
(e) Schedule for Transfer.--
(1) In general.--Not <<NOTE: Deadline.>> later than 1 year
after the date of enactment of this Act, the Secretary and the
Chairmen of the Cheyenne River Sioux Tribe and the Lower Brule
Sioux Tribe shall jointly develop a schedule for transferring
the land and recreation areas under this section.
(2) Transfer deadline.--All land and recreation areas shall
be transferred not later than 1 year after the full
capitalization of the State and tribal Trust Fund described in
section 604.
(f) Transfer Conditions.--The land and recreation areas described in
subsections (b) and (c) shall be transferred to, and held in trust by,
the Secretary of the Interior on the following conditions:
(1) Responsibility for damage.--The Secretary shall not be
responsible for any damage to the land caused by flooding,
sloughing, erosion, or other changes to the land caused by the
operation of any project of the Pick-Sloan Missouri River Basin
program (except as otherwise provided by Federal law).
(2) Hunting and fishing.--
(A) In general.--Except as provided in this section,
nothing in this title affects jurisdiction over the
waters of the Missouri River below the water's edge and
within the exterior boundaries of the Cheyenne River
Sioux and Lower Brule Sioux Tribe reservations.
(B) Jurisdiction.--
[[Page 113 STAT. 395]]
(i) In general.--On transfer of the land to
the respective tribes under this section,
jurisdiction over the land and on land between the
water's edge and the level of the exclusive flood
pool within the respective Tribe's reservation
boundaries shall be the same as that over land
held in trust by the Secretary of the Interior on
the Cheyenne River Sioux Reservation and the Lower
Brule Sioux Reservation, and that jurisdiction
shall follow the fluctuations of the water's edge.
(ii) Jurisdiction unaffected.--Jurisdiction
over land and water owned by the Federal
Government and held in trust for the Cheyenne
River Sioux Tribe and Lower Brule Sioux Tribe that
is not affected by this title shall remain
unchanged.
(C) Easements and access.--The Secretary shall
provide the Tribes with such easements and access on
land and water below the level of the exclusive flood
pool inside the respective Indian reservations for
recreational and other purposes (including for boat
docks, boat ramps, and related structures), so long as
the easements would 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 (commonly
known as the ``Flood Control Act of 1944'') (58 Stat.
887).
(3) Easements, rights-of-way, leases, and cost-sharing
agreements.--
(A) Maintenance.--The Secretary of the Interior
shall maintain all easements, rights-of-way, leases, and
cost-sharing agreements that are in effect as of the
date of the transfer.
(B) Payments to county.--The Secretary of the
Interior shall pay any affected county 100 percent of
the receipts from the easements, rights-of-way, leases,
and cost-sharing agreements described in subparagraph
(A).
(g) Exterior Indian Reservation Boundaries.--Nothing in this section
diminishes, changes, or otherwise affects the exterior boundaries of a
reservation of an Indian Tribe.
SEC. 607. 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 of South Dakota 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--
[[Page 113 STAT. 396]]
(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
(commonly known as the ``Clean Water 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 Missouri River Basin program.
(c) Flood Control.--Notwithstanding any other provision of this
title, the Secretary shall retain the authority to operate the Pick-
Sloan Missouri River Basin program for purposes of meeting the
requirements of the Act of December 22, 1944 (58 Stat. 887, chapter 665;
33 U.S.C. 701-1 et seq.).
SEC. 608. STUDY.
(a) In General.--The Secretary shall arrange for the United States
Geological Survey, in consultation with the Bureau of Indian Affairs and
other appropriate Federal agencies, to complete, not later than October
31, 1999, a comprehensive study of the potential impacts of the transfer
of land under sections 605(b) and 606(b), including potential impacts on
South Dakota Sioux Tribes having water claims within the Missouri River
Basin, on water flows in the Missouri River.
(b) No Transfer Pending Determination.--No transfer of land under
section 605(b) or 606(b) shall occur until the Secretary determines,
based on the study, that the transfer of land under either section will
not significantly reduce the amount of water flow to the downstream
States of the Missouri River.
(c) State Water Rights.--The results of the study shall not affect,
and shall not be taken into consideration in, any proceeding to quantify
the water rights of any State.
(d) Indian Water Rights.--The results of the study shall not affect,
and shall not be taken into consideration in, any proceeding to quantify
the water rights of any Indian Tribe or tribal nation.
SEC. 609. AUTHORIZATION OF APPROPRIATIONS.
(a) Secretary.--There are authorized to be appropriated to the
Secretary such sums as are necessary--
(1) to pay the administrative expenses incurred by the
Secretary in carrying out this title;
[[Page 113 STAT. 397]]
(2) to fund the implementation of terrestrial wildlife
habitat restoration plans under section 602(a) and other
activities under sections 603(d)(3) and 604(d)(3); and
(3) to fund the annual expenses (not to exceed the Federal
cost as of the date of enactment of this Act) of operating
recreation areas to be transferred under sections 605(c) and
606(c) or leased by the State of South Dakota or Indian Tribes,
until such time as the trust funds under sections 603 and 604
are fully capitalized.
(b) Secretary of the Interior.--There are authorized to be
appropriated to the Secretary of the Interior such sums as are necessary
to pay the administrative expenses incurred by the Secretary of the
Interior in carrying out this title.
Approved August 17, 1999.
LEGISLATIVE HISTORY--S. 507 (H.R. 1480):
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HOUSE REPORTS: Nos. 106-106, Pt. 1 accompanying H.R. 1480 (Comm. on
Transportation and Infrastructure) and 106-298 (Comm. of Conference).
SENATE REPORTS: No. 106-34 (Comm. on Environment and Public Works).
CONGRESSIONAL RECORD, Vol. 145 (1999):
Apr. 19, considered and passed Senate.
July 22, considered and passed House, amended, in lieu of
H.R. 1480.
Aug. 5, Senate and House agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 35 (1999):
Aug. 17, Presidential statement.
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