WATER RESOURCES DEVELOPMENT ACT OF 2000
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WATER RESOURCES DEVELOPMENT ACT OF 2000
(Senate - September 21, 2000)
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WATER RESOURCES DEVELOPMENT ACT OF 2000
The PRESIDING OFFICER. The clerk will report the bill by title.
The legislative clerk read as follows:
A bill (
S. 2796) to provide for the conservation and
development of water and resources, to authorize the
Secretary of the Army to construct various projects for
improvements to rivers and harbors of the United States, and
for other purposes.
The Senate proceeded to the bill which had been reported from the
Committee on Environment and Public Works, with an amendment; as
follows:
(Strike out all after the enacting clause and insert the
part printed in italic.)
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Water
Resources Development Act of 2000''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definition of Secretary.
TITLE I--WATER RESOURCES PROJECTS
Sec. 101. Project authorizations.
Sec. 102. Small shore protection projects.
Sec. 103. Small navigation projects.
Sec. 104. Removal of snags and clearing and straightening of channels
in navigable waters.
Sec. 105. Small bank stabilization projects.
Sec. 106. Small flood control projects.
Sec. 107. Small projects for improvement of the quality of the
environment.
Sec. 108. Beneficial uses of dredged material.
Sec. 109. Small aquatic ecosystem restoration projects.
Sec. 110. Flood mitigation and riverine restoration.
Sec. 111. Disposal of dredged material on beaches.
TITLE II--GENERAL PROVISIONS
Sec. 201. Cooperation agreements with counties.
Sec. 202. Watershed and river basin assessments.
Sec. 203. Tribal partnership program.
Sec. 204. Ability to pay.
Sec. 205. Property protection program.
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Sec. 206. National Recreation Reservation Service.
Sec. 207. Operation and maintenance of hydroelectric facilities.
Sec. 208. Interagency and international support.
Sec. 209. Reburial and conveyance authority.
Sec. 210. Approval of construction of dams and dikes.
Sec. 211. Project deauthorization authority.
Sec. 212. Floodplain management requirements.
Sec. 213. Environmental dredging.
Sec. 214. Regulatory analysis and management systems data.
Sec. 215. Performance of specialized or technical services.
TITLE III--PROJECT-RELATED PROVISIONS
Sec. 301. Boydsville, Arkansas.
Sec. 302. White River Basin, Arkansas and Missouri.
Sec. 303. Gasparilla and Estero Islands, Florida.
Sec. 304. Fort Hall Indian Reservation, Idaho.
Sec. 305. Upper Des Plaines River and tributaries, Illinois.
Sec. 306. Red River Waterway, Louisiana.
Sec. 307. William Jennings Randolph Lake, Maryland.
Sec. 308. Missouri River Valley, Missouri.
Sec. 309. New Madrid County, Missouri.
Sec. 310. Pemiscot County Harbor, Missouri.
Sec. 311. Pike County, Missouri.
Sec. 312. Fort Peck fish hatchery, Montana.
Sec. 313. Sagamore Creek, New Hampshire.
Sec. 314. Passaic River Basin flood management, New Jersey.
Sec. 315. Rockaway Inlet to Norton Point, New York.
Sec. 316. John Day Pool, Oregon and Washington.
Sec. 317. Fox Point hurricane barrier, Providence, Rhode Island.
Sec. 318. Houston-Galveston Navigation Channels, Texas.
Sec. 319. Joe Pool Lake, Trinity River Basin, Texas.
Sec. 320. Lake Champlain watershed, Vermont and New York.
Sec. 321. Mount St. Helens, Washington.
Sec. 322. Puget Sound and adjacent waters restoration, Washington.
Sec. 323. Fox River System, Wisconsin.
Sec. 324. Chesapeake Bay oyster restoration.
Sec. 325. Great Lakes dredging levels adjustment.
Sec. 326. Great Lakes fishery and ecosystem restoration.
Sec. 327. Great Lakes remedial action plans and sediment remediation.
Sec. 328. Great Lakes tributary model.
Sec. 329. Treatment of dredged material from Long Island Sound.
Sec. 330. New England water resources and ecosystem restoration.
Sec. 331. Project deauthorizations.
TITLE IV--STUDIES
Sec. 401. Baldwin County, Alabama.
Sec. 402. Bono, Arkansas.
Sec. 403. Cache Creek Basin, California.
Sec. 404. Estudillo Canal watershed, California.
Sec. 405. Laguna Creek watershed, California.
Sec. 406. Oceanside, California.
Sec. 407. San Jacinto watershed, California.
Sec. 408. Choctawhatchee River, Florida.
Sec. 409. Egmont Key, Florida.
Sec. 410. Upper Ocklawaha River and Apopka/Palatlakaha River basins,
Florida.
Sec. 411. Boise River, Idaho.
Sec. 412. Wood River, Idaho.
Sec. 413. Chicago, Illinois.
Sec. 414. Boeuf and Black, Louisiana.
Sec. 415. Port of Iberia, Louisiana.
Sec. 416. South Louisiana.
Sec. 417. St. John the Baptist Parish, Louisiana.
Sec. 418. Narraguagus River, Milbridge, Maine.
Sec. 419. Portsmouth Harbor and Piscataqua River, Maine and New
Hampshire.
Sec. 420. Merrimack River Basin, Massachusetts and New Hampshire.
Sec. 421. Port of Gulfport, Mississippi.
Sec. 422. Upland disposal sites in New Hampshire.
Sec. 423. Missouri River basin, North Dakota, South Dakota, and
Nebraska.
Sec. 424. Cuyahoga River, Ohio.
Sec. 425. Fremont, Ohio.
Sec. 426. Grand Lake, Oklahoma.
Sec. 427. Dredged material disposal site, Rhode Island.
Sec. 428. Chickamauga Lock and Dam, Tennessee.
Sec. 429. Germantown, Tennessee.
Sec. 430. Horn Lake Creek and Tributaries, Tennessee and Mississippi.
Sec. 431. Cedar Bayou, Texas.
Sec. 432. Houston Ship Channel, Texas.
Sec. 433. San Antonio Channel, Texas.
Sec. 434. White River watershed below Mud Mountain Dam, Washington.
Sec. 435. Willapa Bay, Washington.
Sec. 436. Upper Mississippi River basin sediment and nutrient study.
TITLE V--MISCELLANEOUS PROVISIONS
Sec. 501. Visitors centers.
Sec. 502. CALFED Bay-Delta Program assistance, California.
Sec. 503. Conveyance of lighthouse, Ontonagon, Michigan.
Sec. 504. Land conveyance, Candy Lake, Oklahoma.
TITLE VI--COMPREHENSIVE EVERGLADES RESTORATION PLAN
Sec. 601. Comprehensive Everglades Restoration Plan.
SEC. 2. DEFINITION OF SECRETARY.
In this Act, the term ``Secretary'' means the Secretary of
the Army.
TITLE I--WATER RESOURCES PROJECTS
SEC. 101. PROJECT AUTHORIZATIONS.
(a) Projects With Chief's Reports.--The following project
for water resources development and conservation and other
purposes is authorized to be carried out by the Secretary
substantially in accordance with the plans, and subject to
the conditions, described in the designated report: The
project for navigation, New York-New Jersey Harbor: Report of
the Chief of Engineers dated May 2, 2000, at a total cost of
$1,781,235,000, with an estimated Federal cost of
$738,631,000 and an estimated non-Federal cost of
$1,042,604,000.
(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, 2000:
(1) False pass harbor, alaska.--The project for navigation,
False Pass Harbor, Alaska, at a total cost of $15,000,000,
with an estimated Federal cost of $10,000,000 and an
estimated non-Federal cost of $5,000,000.
(2) Unalaska harbor, alaska.--The project for navigation,
Unalaska Harbor, Alaska, at a total cost of $20,000,000, with
an estimated Federal cost of $12,000,000 and an estimated
non-Federal cost of $8,000,000.
(3) Rio de flag, arizona.--The project for flood damage
reduction, Rio de Flag, Arizona, at a total cost of
$26,400,000, with an estimated Federal cost of $17,100,000
and an estimated non-Federal cost of $9,300,000.
(4) Tres rios, arizona.--The project for environmental
restoration, Tres Rios, Arizona, at a total cost of
$90,000,000, with an estimated Federal cost of $58,000,000
and an estimated non-Federal cost of $32,000,000.
(5) Los angeles harbor, california.--The project for
navigation, Los Angeles Harbor, California, at a total cost
of $168,900,000, with an estimated Federal cost of
$44,000,000 and an estimated non-Federal cost of
$124,900,000.
(6) Murrieta creek, california.--The project for flood
control, Murrieta Creek, California, at a total cost of
$43,100,000, with an estimated Federal cost of $27,800,000
and an estimated non-Federal cost of $15,300,000.
(7) Pine flat dam, california.--The project for fish and
wildlife restoration, Pine Flat Dam, California, at a total
cost of $34,000,000, with an estimated Federal cost of
$22,000,000 and an estimated non-Federal cost of $12,000,000.
(8) Ranchos palos verdes, california.--The project for
environmental restoration, Ranchos Palos Verdes, California,
at a total cost of $18,100,000, with an estimated Federal
cost of $11,800,000 and an estimated non-Federal cost of
$6,300,000.
(9) Santa barbara streams, california.--The project for
flood damage reduction, Santa Barbara Streams, Lower Mission
Creek, California, at a total cost of $17,100,000, with an
estimated Federal cost of $8,600,000 and an estimated non-
Federal cost of $8,500,000.
(10) Upper newport bay harbor, california.--The project for
environmental restoration, Upper Newport Bay Harbor,
California, at a total cost of $28,280,000, with an estimated
Federal cost of $18,390,000 and an estimated non-Federal cost
of $9,890,000.
(11) Whitewater river basin, california.--The project for
flood damage reduction, Whitewater River basin, California,
at a total cost of $26,000,000, with an estimated Federal
cost of $16,900,000 and an estimated non-Federal cost of
$9,100,000.
(12) Tampa harbor, florida.--Modification of the project
for navigation, Tampa Harbor, Florida, authorized by section
4 of the Act of September 22, 1922 (42 Stat. 1042, chapter
427), to deepen the Port Sutton Channel, at a total cost of
$7,245,000, with an estimated Federal cost of $4,709,000 and
an estimated non-Federal cost of $2,536,000.
(13) Barbers point harbor, oahu, hawaii.--The project for
navigation, Barbers Point Harbor, Oahu, Hawaii, at a total
cost of $51,000,000, with an estimated Federal cost of
$21,000,000 and an estimated non-Federal cost of $30,000,000.
(14) John t. myers lock and dam, indiana and kentucky.--The
project for navigation, John T. Myers Lock and Dam, Ohio
River, Indiana and Kentucky, at a total cost of $182,000,000.
The costs of construction of the project shall be paid \1/2\
from amounts appropriated from the general fund of the
Treasury and \1/2\ from amounts appropriated from the Inland
Waterways Trust Fund.
(15) Greenup lock and dam, kentucky.--The project for
navigation, Greenup Lock and Dam, Ohio River, Kentucky, at a
total cost of $183,000,000. The costs of construction of the
project shall be paid \1/2\ from amounts appropriated from
the general fund of the Treasury and \1/2\ from amounts
appropriated from the Inland Waterways Trust Fund.
(16) Morganza, louisiana, to gulf of mexico.--
(A) In general.--The project for hurricane protection,
Morganza, Louisiana, to the Gulf of Mexico, at a total cost
of $550,000,000, with an estimated Federal cost of
$358,000,000 and an estimated non-Federal cost of
$192,000,000.
(B) Credit.--The non-Federal interests shall receive credit
toward the non-Federal share of project costs for the costs
of any work carried out by the non-Federal interests for
interim flood protection after March 31, 1989, if the
Secretary finds that the work is compatible with, and
integral to, the project.
(17) Chesterfield, missouri.--The project to implement
structural and nonstructural measures to prevent flood damage
to Chesterfield, Missouri, and the surrounding area, at a
total
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cost of $63,000,000, with an estimated Federal cost of
$40,950,000 and an estimated non-Federal cost of $22,050,000.
(18) Barnegat inlet to little egg inlet, new jersey.--The
project for shore protection, Barnegat Inlet to Little Egg
Inlet, New Jersey, at a total cost of $51,203,000, with an
estimated Federal cost of $33,282,000 and an estimated non-
Federal cost of $17,921,000, and at an estimated average
annual cost of $1,751,000 for periodic nourishment over the
50-year life of the project, with an estimated annual Federal
cost of $1,138,000 and an estimated annual non-Federal cost
of $613,000.
(19) Raritan bay and sandy hook bay, cliffwood beach, new
jersey.--The project for shore protection, Raritan Bay and
Sandy Hook Bay, Cliffwood Beach, New Jersey, at a total cost
of $5,219,000, with an estimated Federal cost of $3,392,000
and an estimated non-Federal cost of $1,827,000, and at an
estimated average annual cost of $110,000 for periodic
nourishment over the 50-year life of the project, with an
estimated annual Federal cost of $55,000 and an estimated
annual non-Federal cost of $55,000.
(20) Raritan bay and sandy hook bay, port monmouth, new
jersey.--The project for shore protection, Raritan Bay and
Sandy Hook Bay, Port Monmouth, New Jersey, at a total cost of
$30,081,000, with an estimated Federal cost of $19,553,000
and an estimated non-Federal cost of $10,528,000, and at an
estimated average annual cost of $2,468,000 for periodic
nourishment over the 50-year life of the project, with an
estimated annual Federal cost of $1,234,000 and an estimated
annual non-Federal cost of $1,234,000.
(21) Memphis, tennessee.--The project for ecosystem
restoration, Wolf River, Memphis, Tennessee, at a total cost
of $10,933,000, with an estimated Federal cost of $7,106,000
and an estimated non-Federal cost of $3,827,000.
(22) Jackson hole, wyoming.--
(A) In general.--The project for environmental restoration,
Jackson Hole, Wyoming, at a total cost of $66,500,000, with
an estimated Federal cost of $43,225,000 and an estimated
non-Federal cost of $23,275,000.
(B) Non-federal share.--
(i) In general.--The non-Federal share of the costs of the
project may be provided in cash or in the form of in-kind
services or materials.
(ii) Credit.--The non-Federal interest shall receive credit
toward the non-Federal share of project costs for design and
construction work carried out by the non-Federal interest
before the date of execution of a project cooperation
agreement for the project, if the Secretary finds that the
work is integral to the project.
(23) Ohio river.--
(A) In general.--The program for protection and restoration
of fish and wildlife habitat in and along the main stem of
the Ohio River, consisting of projects described in a
comprehensive plan, at a total cost of $200,000,000, with an
estimated Federal cost of $130,000,000 and an estimated non-
Federal cost of $70,000,000.
(B) Non-federal share.--
(i) In general.--The non-Federal share of the costs of any
project under the program may be provided in cash or in the
form of in-kind services or materials.
(ii) Credit.--The non-Federal interest shall receive credit
toward the non-Federal share of project costs for design and
construction work carried out by the non-Federal interest
before the date of execution of a project cooperation
agreement for the project, if the Secretary finds that the
work is integral to the project.
SEC. 102. SMALL SHORE PROTECTION 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
3 of the Act of August 13, 1946 (33 U.S.C. 426g):
(1) Lake palourde, louisiana.--Project for beach
restoration and protection, Highway 70, Lake Palourde, St.
Mary and St. Martin Parishes, Louisiana.
(2) St. bernard, louisiana.--Project for beach restoration
and protection, Bayou Road, St. Bernard, Louisiana.
SEC. 103. 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):
(1) Houma navigation canal, louisiana.--Project for
navigation, Houma Navigation Canal, Terrebonne Parish,
Louisiana.
(2) Vidalia port, louisiana.--Project for navigation,
Vidalia Port, Louisiana.
SEC. 104. REMOVAL OF SNAGS AND CLEARING AND STRAIGHTENING OF
CHANNELS IN NAVIGABLE WATERS.
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 3 of the Act of March 2, 1945 (33 U.S.C. 604):
(1) Bayou manchac, louisiana.--Project for removal of snags
and clearing and straightening of channels for flood control,
Bayou Manchac, Ascension Parish, Louisiana.
(2) Black bayou and hippolyte coulee, louisiana.--Project
for removal of snags and clearing and straightening of
channels for flood control, Black Bayou and Hippolyte Coulee,
Calcasieu Parish, Louisiana.
SEC. 105. SMALL BANK STABILIZATION 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
14 of the Flood Control Act of 1946 (33 U.S.C. 701r):
(1) Bayou des glaises, louisiana.--Project for emergency
streambank protection, Bayou des Glaises (Lee Chatelain
Road), Avoyelles Parish, Louisiana.
(2) Bayou plaquemine, louisiana.--Project for emergency
streambank protection, Highway 77, Bayou Plaquemine,
Iberville Parish, Louisiana.
(3) Hammond, louisiana.--Project for emergency streambank
protection, Fagan Drive Bridge, Hammond, Louisiana.
(4) Iberville parish, louisiana.--Project for emergency
streambank protection, Iberville Parish, Louisiana.
(5) Lake arthur, louisiana.--Project for emergency
streambank protection, Parish Road 120 at Lake Arthur,
Louisiana.
(6) Lake charles, louisiana.--Project for emergency
streambank protection, Pithon Coulee, Lake Charles, Calcasieu
Parish, Louisiana.
(7) Loggy bayou, louisiana.--Project for emergency
streambank protection, Loggy Bayou, Bienville Parish,
Louisiana.
(8) Scotlandville bluff, louisiana.--Project for emergency
streambank protection, Scotlandville Bluff, East Baton Rouge
Parish, Louisiana.
SEC. 106. SMALL FLOOD CONTROL 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
205 of the Flood Control Act of 1948 (33 U.S.C. 701s):
(1) Weiser river, idaho.--Project for flood damage
reduction, Weiser River, Idaho.
(2) Bayou tete l'ours, louisiana.--Project for flood
control, Bayou Tete L'Ours, Louisiana.
(3) Bossier city, louisiana.--Project for flood control,
Red Chute Bayou levee, Bossier City, Louisiana.
(4) Braithwaite park, louisiana.--Project for flood
control, Braithwaite Park, Louisiana.
(5) Cane bend subdivision, louisiana.--Project for flood
control, Cane Bend Subdivision, Bossier Parish, Louisiana.
(6) Crown point, louisiana.--Project for flood control,
Crown Point, Louisiana.
(7) Donaldsonville canals, louisiana.--Project for flood
control, Donaldsonville Canals, Louisiana.
(8) Goose bayou, louisiana.--Project for flood control,
Goose Bayou, Louisiana.
(9) Gumby dam, louisiana.--Project for flood control, Gumby
Dam, Richland Parish, Louisiana.
(10) Hope canal, louisiana.--Project for flood control,
Hope Canal, Louisiana.
(11) Jean lafitte, louisiana.--Project for flood control,
Jean Lafitte, Louisiana.
(12) Lockport to larose, louisiana.--Project for flood
control, Lockport to Larose, Louisiana.
(13) Lower lafitte basin, louisiana.--Project for flood
control, Lower Lafitte Basin, Louisiana.
(14) Oakville to lareussite, louisiana.--Project for flood
control, Oakville to LaReussite, Louisiana.
(15) Pailet basin, louisiana.--Project for flood control,
Pailet Basin, Louisiana.
(16) Pochitolawa creek, louisiana.--Project for flood
control, Pochitolawa Creek, Louisiana.
(17) Rosethorn basin, louisiana.--Project for flood
control, Rosethorn Basin, Louisiana.
(18) Shreveport, louisiana.--Project for flood control,
Twelve Mile Bayou, Shreveport, Louisiana.
(19) Stephensville, louisiana.--Project for flood control,
Stephensville, Louisiana.
(20) St. john the baptist parish, louisiana.--Project for
flood control, St. John the Baptist Parish, Louisiana.
(21) Magby creek and vernon branch, mississippi.--Project
for flood control, Magby Creek and Vernon Branch, Lowndes
County, Mississippi.
(22) Fritz landing, tennessee.--Project for flood control,
Fritz Landing, Tennessee.
SEC. 107. SMALL PROJECTS FOR IMPROVEMENT OF THE QUALITY OF
THE ENVIRONMENT.
The Secretary shall conduct a study for each of the
following projects and, if the Secretary determines that a
project is appropriate, may carry out the project under
section 1135(a) of the Water Resources Development Act of
1986 (33 U.S.C. 2309a(a)):
(1) Bayou sauvage national wildlife refuge, louisiana.--
Project for improvement of the quality of the environment,
Bayou Sauvage National Wildlife Refuge, Orleans Parish,
Louisiana.
(2) Gulf intracoastal waterway, bayou plaquemine,
louisiana.--Project for improvement of the quality of the
environment, Gulf Intracoastal Waterway, Bayou Plaquemine,
Iberville Parish, Louisiana.
(3) Gulf intracoastal waterway, miles 220 to 222.5,
louisiana.--Project for improvement of the quality of the
environment, Gulf Intracoastal Waterway, miles 220 to 222.5,
Vermilion Parish, Louisiana.
(4) Gulf intracoastal waterway, weeks bay, louisiana.--
Project for improvement of the quality of the environment,
Gulf Intracoastal Waterway, Weeks Bay, Iberia Parish,
Louisiana.
(5) Lake fausse point, louisiana.--Project for improvement
of the quality of the environment, Lake Fausse Point,
Louisiana.
(6) Lake providence, louisiana.--Project for improvement of
the quality of the environment, Old River, Lake Providence,
Louisiana.
(7) New river, louisiana.--Project for improvement of the
quality of the environment, New River, Ascension Parish,
Louisiana.
(8) Erie county, ohio.--Project for improvement of the
quality of the environment, Sheldon's Marsh State Nature
Preserve, Erie County, Ohio.
(9) Mushingum county, ohio.--Project for improvement of the
quality of the environment, Dillon Reservoir watershed,
Licking River, Mushingum County, Ohio.
SEC. 108. BENEFICIAL USES OF DREDGED MATERIAL.
The Secretary may carry out the following projects under
section 204 of the Water Resources Development Act of 1992
(33 U.S.C. 2326):
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(1) Houma navigation canal, louisiana.--Project to make
beneficial use of dredged material from a Federal navigation
project that includes barrier island restoration at the Houma
Navigation Canal, Terrebonne Parish, Louisiana.
(2) Mississippi river gulf outlet, mile -3 to mile -9,
louisiana.--Project to make beneficial use of dredged
material from a Federal navigation project that includes
dredging of the Mississippi River Gulf Outlet, mile -3 to
mile -9, St. Bernard Parish, Louisiana.
(3) Mississippi river gulf outlet, mile 11 to mile 4,
louisiana.--Project to make beneficial use of dredged
material from a Federal navigation project that includes
dredging of the Mississippi River Gulf Outlet, mile 11 to
mile 4, St. Bernard Parish, Louisiana.
(4) Plaquemines parish, louisiana.--Project to make
beneficial use of dredged material from a Federal navigation
project that includes marsh creation at the contained
submarine maintenance dredge sediment trap, Plaquemines
Parish, Louisiana.
(5) Ottawa county, ohio.--Project to protect, restore, and
create aquatic and related habitat using dredged material,
East Harbor State Park, Ottawa County, Ohio.
SEC. 109. SMALL AQUATIC ECOSYSTEM RESTORATION PROJECTS.
The Secretary may carry out the following projects under
section 206 of the Water Resources Development Act of 1996
(33 U.S.C. 2330):
(1) Braud bayou, louisiana.--Project for aquatic ecosystem
restoration, Braud Bayou, Spanish Lake, Ascension Parish,
Louisiana.
(2) Buras marina, louisiana.--Project for aquatic ecosystem
restoration, Buras Marina, Buras, Plaquemines Parish,
Louisiana.
(3) Comite river, louisiana.--Project for aquatic ecosystem
restoration, Comite River at Hooper Road, Louisiana.
(4) Department of energy 21-inch pipeline canal,
louisiana.--Project for aquatic ecosystem restoration,
Department of Energy 21-inch Pipeline Canal, St. Martin
Parish, Louisiana.
(5) Lake borgne, louisiana.--Project for aquatic ecosystem
restoration, southern shores of Lake Borgne, Louisiana.
(6) Lake martin, louisiana.--Project for aquatic ecosystem
restoration, Lake Martin, Louisiana.
(7) Luling, louisiana.--Project for aquatic ecosystem
restoration, Luling Oxidation Pond, St. Charles Parish,
Louisiana.
(8) Mandeville, louisiana.--Project for aquatic ecosystem
restoration, Mandeville, St. Tammany Parish, Louisiana.
(9) St. james, louisiana.--Project for aquatic ecosystem
restoration, St. James, Louisiana.
(10) Mines falls park, new hampshire.--Project for aquatic
ecosystem restoration, Mines Falls Park, New Hampshire.
(11) North hampton, new hampshire.--Project for aquatic
ecosystem restoration, Little River Salt Marsh, North
Hampton, New Hampshire.
(12) Highland county, ohio.--Project for aquatic ecosystem
restoration, Rocky Fork Lake, Clear Creek floodplain,
Highland County, Ohio.
(13) Hocking county, ohio.--Project for aquatic ecosystem
restoration, Long Hollow Mine, Hocking County, Ohio.
(14) Tuscarawas county, ohio.--Project for aquatic
ecosystem restoration, Huff Run, Tuscarawas County, Ohio.
(15) Central amazon creek, oregon.--Project for aquatic
ecosystem restoration, Central Amazon Creek, Oregon.
(16) Delta ponds, oregon.--Project for aquatic ecosystem
restoration, Delta Ponds, Oregon.
(17) Eugene millrace, oregon.--Project for aquatic
ecosystem restoration, Eugene Millrace, Oregon.
(18) Medford, oregon.--Project for aquatic ecosystem
restoration, Bear Creek watershed, Medford, Oregon.
(19) Roslyn lake, oregon.--Project for aquatic ecosystem
restoration, Roslyn Lake, Oregon.
SEC. 110. FLOOD MITIGATION AND RIVERINE RESTORATION.
Section 212(e) of the Water Resources Development Act of
1999 (33 U.S.C. 2332(e)) is amended--
(1) in paragraph (22), by striking ``and'' at the end;
(2) in paragraph (23), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(24) Perry Creek, Iowa.''.
SEC. 111. DISPOSAL OF DREDGED MATERIAL ON BEACHES.
Section 217 of the Water Resources Development Act of 1999
(113 Stat. 294) is amended by adding at the end the
following:
``(f) Fort Canby State Park, Benson Beach, Washington.--The
Secretary may design and construct a shore protection project
at Fort Canby State Park, Benson Beach, Washington, including
beneficial use of dredged material from Federal navigation
projects as provided under section 145 of the Water Resources
Development Act of 1976 (33 U.S.C. 426j).''.
TITLE II--GENERAL PROVISIONS
SEC. 201. COOPERATION AGREEMENTS WITH COUNTIES.
Section 221(a) of the Flood Control Act of 1970 (42 U.S.C.
1962d-5b(a)) is amended in the second sentence--
(1) by striking ``State legislative''; and
(2) by inserting before the period at the end the
following: ``of the State or a body politic of the State''.
SEC. 202. WATERSHED AND RIVER BASIN ASSESSMENTS.
Section 729 of the Water Resources Development Act of 1986
(100 Stat. 4164) is amended to read as follows:
``SEC. 729. WATERSHED AND RIVER BASIN ASSESSMENTS.
``(a) In General.--The Secretary may assess the water
resources needs of river basins and watersheds of the United
States, including needs relating to--
``(1) ecosystem protection and restoration;
``(2) flood damage reduction;
``(3) navigation and ports;
``(4) watershed protection;
``(5) water supply; and
``(6) drought preparedness.
``(b) Cooperation.--An assessment under subsection (a)
shall be carried out in cooperation and coordination with--
``(1) the Secretary of the Interior;
``(2) the Secretary of Agriculture;
``(3) the Secretary of Commerce;
``(4) the Administrator of the Environmental Protection
Agency; and
``(5) the heads of other appropriate agencies.
``(c) Consultation.--In carrying out an assessment under
subsection (a), the Secretary shall consult with Federal,
tribal, State, interstate, and local governmental entities.
``(d) Priority River Basins and Watersheds.--In selecting
river basins and watersheds for assessment under this
section, the Secretary shall give priority to--
``(1) the Delaware River basin; and
``(2) the Willamette River basin, Oregon.
``(e) Acceptance of Contributions.--In carrying out an
assessment under subsection (a), the Secretary may accept
contributions, in cash or in kind, from Federal, tribal,
State, interstate, and local governmental entities to the
extent that the Secretary determines that the contributions
will facilitate completion of the assessment.
``(f) Cost-Sharing Requirements.--
``(1) Non-federal share.--The non-Federal share of the
costs of an assessment carried out under this section shall
be 50 percent.
``(2) Credit.--
``(A) In general.--Subject to subparagraph (B), the non-
Federal interests may receive credit toward the non-Federal
share required under paragraph (1) for the provision of
services, materials, supplies, or other in-kind
contributions.
``(B) Maximum amount of credit.--Credit under subparagraph
(A) shall not exceed an amount equal to 25 percent of the
costs of the assessment.
``(g) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $15,000,000.''.
SEC. 203. TRIBAL PARTNERSHIP PROGRAM.
(a) Definition of Indian Tribe.--In this section, the term
``Indian tribe'' has the meaning given the term in section 4
of the Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450b).
(b) Program.--
(1) In general.--In cooperation with Indian tribes and the
heads of other Federal agencies, the Secretary may study and
determine the feasibility of carrying out water resources
development projects that--
(A) will substantially benefit Indian tribes; and
(B) are located primarily within Indian country (as defined
in section 1151 of title 18, United States Code) or in
proximity to Alaska Native villages.
(2) Matters to be studied.--A study conducted under
paragraph (1) may address--
(A) projects for flood damage reduction, environmental
restoration and protection, and preservation of cultural and
natural resources; and
(B) such other projects as the Secretary, in cooperation
with Indian tribes and the heads of other Federal agencies,
determines to be appropriate.
(c) Consultation and Coordination With Secretary of the
Interior.--
(1) In general.--In recognition of the unique role of the
Secretary of the Interior concerning trust responsibilities
with Indian tribes, and in recognition of mutual trust
responsibilities, the Secretary shall consult with the
Secretary of the Interior concerning studies conducted under
subsection (b).
(2) Integration of activities.--The Secretary shall--
(A) integrate civil works activities of the Department of
the Army with activities of the Department of the Interior to
avoid conflicts, duplications of effort, or unanticipated
adverse effects on Indian tribes; and
(B) consider the authorities and programs of the Department
of the Interior and other Federal agencies in any
recommendations concerning carrying out projects studied
under subsection (b).
(d) Priority Projects.--In selecting water resources
development projects for study under this section, the
Secretary shall give priority to--
(1) the project along the upper Snake River within and
adjacent to the Fort Hall Indian Reservation, Idaho,
authorized by section 304; and
(2) the project for the Tribal Reservation of the
Shoalwater Bay Indian Tribe on Willapa Bay, Washington,
authorized by section 435(b).
(e) Cost Sharing.--
(1) Ability to pay.--
(A) In general.--Any cost-sharing agreement for a study
under subsection (b) shall be subject to the ability of the
non-Federal interest to pay.
(B) Use of procedures.--The ability of a non-Federal
interest to pay shall be determined by the Secretary in
accordance with procedures established by the Secretary.
(2) Credit.--
(A) In general.--Subject to subparagraph (B), in conducting
studies of projects under subsection (b), the Secretary may
provide credit to the non-Federal interest for the provision
of services, studies, supplies, or other in-kind
contributions to the extent that the Secretary determines
that the services, studies, supplies, and
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other in-kind contributions will facilitate completion of the
project.
(B) Maximum amount of credit.--Credit under subparagraph
(A) shall not exceed an amount equal to the non-Federal share
of the costs of the study.
(f) Authorization of Appropriations.--There is authorized
to be appropriated to carry out subsection (b) $5,000,000 for
each of fiscal years 2002 through 2006, of which not more
than $1,000,000 may be used with respect to any 1 Indian
tribe.
SEC. 204. ABILITY TO PAY.
Section 103(m) of the Water Resources Development Act of
1986 (33 U.S.C. 2213(m)) is amended--
(1) by striking paragraphs (1) and (2) and inserting the
following:
``(1) In general.--Any cost-sharing agreement under this
section for a feasibility study, or for construction of an
environmental protection and restoration project, a flood
control project, a project for navigation, storm damage
protection, shoreline erosion, hurricane protection, or
recreation, or an agricultural water supply project, shall be
subject to the ability of the non-Federal interest to pay.
``(2) Criteria and procedures.--
``(A) In general.--The ability of a non-Federal interest to
pay shall be determined by the Secretary in accordance with--
``(i) during the period ending on the date on which revised
criteria and procedures are promulgated under subparagraph
(B), criteria and procedures in effect on the day before the
date of enactment of this subparagraph; and
``(ii) after the date on which revised criteria and
procedures are promulgated under subparagraph (B), the
revised criteria and procedures promulgated under
subparagraph (B).
``(B) Revised criteria and procedures.--Not later than 18
months after the date of enactment of this subparagraph, in
accordance with paragraph (3), the Secretary shall promulgate
revised criteria and procedures governing the ability of a
non-Federal interest to pay.''; and
(2) in paragraph (3)--
(A) in subparagraph (A)(ii), by adding ``and'' at the end;
and
(B) by striking subparagraphs (B) and (C) and inserting the
following:
``(B) may consider additional criteria relating to--
``(i) the financial ability of the non-Federal interest to
carry out its cost-sharing responsibilities; or
``(ii) additional assistance that may be available from
other Federal or State sources.''.
SEC. 205. PROPERTY PROTECTION PROGRAM.
(a) In General.--The Secretary may carry out a program to
reduce vandalism and destruction of property at water
resources development projects under the jurisdiction of the
Department of the Army.
(b) Provision of Rewards.--In carrying out the program, the
Secretary may provide rewards (including cash rewards) to
individuals who provide information or evidence leading to
the arrest and prosecution of individuals causing damage to
Federal property.
(c) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $500,000 for
each fiscal year.
SEC. 206. NATIONAL RECREATION RESERVATION SERVICE.
Notwithstanding section 611 of the Treasury and General
Government Appropriations Act, 1999 (Public Law 105-277; 112
Stat. 2681-515), the Secretary may--
(1) participate in the National Recreation Reservation
Service on an interagency basis; and
(2) pay the Department of the Army's share of the
activities required to implement, operate, and maintain the
Service.
SEC. 207. OPERATION AND MAINTENANCE OF HYDROELECTRIC
FACILITIES.
Section 314 of the Water Resources Development Act of 1990
(33 U.S.C. 2321) is amended in the first sentence by
inserting before the period at the end the following: ``in
cases in which the activities require specialized training
relating to hydroelectric power generation''.
SEC. 208. INTERAGENCY AND INTERNATIONAL SUPPORT.
Section 234(d) of the Water Resources Development Act of
1996 (33 U.S.C. 2323a(d)) is amended--
(1) in the first sentence, by striking ``$1,000,000'' and
inserting ``$2,000,000''; and
(2) in the second sentence, by inserting ``out'' after
``carry''.
SEC. 209. REBURIAL AND CONVEYANCE AUTHORITY.
(a) Definition of Indian Tribe.--In this section, the term
``Indian tribe'' has the meaning given the term in section 4
of the Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450b).
(b) Reburial.--
(1) Reburial areas.--In consultation with affected Indian
tribes, the Secretary may identify and set aside areas at
civil works projects of the Department of the Army that may
be used to rebury Native American remains that--
(A) have been discovered on project land; and
(B) have been rightfully claimed by a lineal descendant or
Indian tribe in accordance with applicable Federal law.
(2) Reburial.--In consultation with and with the consent of
the lineal descendant or the affected Indian tribe, the
Secretary may recover and rebury, at full Federal expense,
the remains at the areas identified and set aside under
subsection (b)(1).
(c) Conveyance Authority.--
(1) In general.--Subject to paragraph (2), notwithstanding
any other provision of law, the Secretary may convey to an
Indian tribe for use as a cemetery an area at a civil works
project that is identified and set aside by the Secretary
under subsection (b)(1).
(2) Retention of necessary property interests.--In carrying
out paragraph (1), the Secretary shall retain any necessary
right-of-way, easement, or other property interest that the
Secretary determines to be necessary to carry out the
authorized purposes of the project.
SEC. 210. APPROVAL OF CONSTRUCTION OF DAMS AND DIKES.
Section 9 of the Act of March 3, 1899 (33 U.S.C. 401), is
amended--
(1) by inserting ``(a) In General.--'' before ``It shall'';
(2) by striking ``However, such structures'' and inserting
the following:
``(b) Waterways Within a Single State.--Notwithstanding
subsection (a), structures described in subsection (a)'';
(3) by striking ``When plans'' and inserting the following:
``(c) Modification of Plans.--When plans'';
(4) by striking ``The approval'' and inserting the
following:
``(d) Applicability.--
``(1) Bridges and causeways.--The approval''; and
(5) in subsection (d) (as designated by paragraph (4)), by
adding at the end the following:
``(2) Dams and dikes.--
``(A) In general.--The approval required by this section of
the location and plans, or any modification of plans, of any
dam or dike, applies only to a dam or dike that, if
constructed, would completely span a waterway used to
transport interstate or foreign commerce, in such a manner
that actual, existing interstate or foreign commerce could be
adversely affected.
``(B) Other dams and dikes.--Any dam or dike (other than a
dam or dike described in subparagraph (A)) that is proposed
to be built in any other navigable water of the United
States--
``(i) shall be subject to section 10; and
``(ii) shall not be subject to the approval requirements of
this section.''.
SEC. 211. PROJECT DEAUTHORIZATION AUTHORITY.
Section 1001 of the Water Resources Development Act of 1986
(33 U.S.C. 579a) is amended to read as follows:
``SEC. 1001. PROJECT DEAUTHORIZATIONS.
``(a) Definitions.--In this section:
``(1) Construction.--The term `construction', with respect
to a project or separable element, means--
``(A) in the case of--
``(i) a nonstructural flood control project, the
acquisition of land, an easement, or a right-of-way primarily
to relocate a structure; and
``(ii) in the case of any other nonstructural measure, the
performance of physical work under a construction contract;
``(B) in the case of an environmental protection and
restoration project--
``(i) the acquisition of land, an easement, or a right-of-
way primarily to facilitate the restoration of wetland or a
similar habitat; or
``(ii) the performance of physical work under a
construction contract to modify an existing project facility
or to construct a new environmental protection and
restoration measure; and
``(C) in the case of any other water resources project, the
performance of physical work under a construction contract.
``(2) Physical work under a construction contract.--The
term `physical work under a construction contract' does not
include any activity related to project planning, engineering
and design, relocation, or the acquisition of land, an
easement, or a right-of-way.
``(b) Projects Never Under Construction.--
``(1) List of projects.--The Secretary shall annually
submit to Congress a list of projects and separable elements
of projects that--
``(A) are authorized for construction; and
``(B) for which no Federal funds were obligated for
construction during the 4 full fiscal years preceding the
date of submission of the list.
``(2) Deauthorization.--Any water resources project, or
separable element of a water resources project, authorized
for construction shall be deauthorized effective at the end
of the 7-year period beginning on the date of the most recent
authorization or reauthorization of the project or separable
element unless Federal funds have been obligated for
construction of the project or separable element by the end
of that period.
``(c) Projects for Which Construction Has Been Suspended.--
``(1) List of projects.--The Secretary shall annually
submit to Congress a list of projects and separable elements
of projects--
``(A) that are authorized for construction;
``(B) for which Federal funds have been obligated for
construction of the project or separable element; and
``(C) for which no Federal funds have been obligated for
construction of the project or separable element during the 2
full fiscal years preceding the date of submission of the
list.
``(2) Deauthorization.--Any water resources project, or
separable element of a water resources project, for which
Federal funds have been obligated for construction shall be
deauthorized effective at the end of any 5-fiscal year period
during which Federal funds specifically identified for
construction of the project or separable element (in an Act
of Congress or in the accompanying legislative report
language) have not been obligated for construction.
``(d) Congressional Notifications.--Upon submission of the
lists under subsections (b)(1) and (c)(1), the Secretary
shall notify each Senator in whose State, and each Member of
the House of Representatives in whose district, the affected
project or separable element is or would be located.
``(e) Final Deauthorization List.--The Secretary shall
publish annually in the Federal Register a list of all
projects and separable elements deauthorized under subsection
(b)(2) or (c)(2).
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``(f) Effective Date.--Subsections (b)(2) and (c)(2) take
effect 3 years after the date of enactment of this
subsection.''.
SEC. 212. FLOODPLAIN MANAGEMENT REQUIREMENTS.
(a) In General.--Section 402(c) of the Water Resources
Development Act of 1986 (33 U.S.C. 701b-12(c)) is amended--
(1) in the first sentence of paragraph (1), by striking
``Within 6 months after the date of the enactment of this
subsection, the'' and inserting ``The'';
(2) by redesignating paragraph (2) as paragraph (3);
(3) by striking ``Such guidelines shall address'' and
inserting the following:
``(2) Required elements.--The guidelines developed under
paragraph (1) shall--
``(A) address''; and
(4) in paragraph (2) (as designated by paragraph (3))--
(A) by inserting ``that non-Federal interests shall adopt
and enforce'' after ``policies'';
(B) by striking the period at the end and inserting ``;
and''; and
(C) by adding at the end the following:
``(B) require non-Federal interests to take measures to
preserve the level of flood protection provided by a project
to which subsection (a) applies.''.
(b) Applicability.--The amendments made by subsection (a)
shall apply to any project or separable element of a project
with respect to which the Secretary and the non-Federal
interest have not entered a project cooperation agreement on
or before the date of enactment of this Act.
(c) Technical Amendments.--Section 402(b) of the Water
Resources Development Act of 1986 (33 U.S.C. 701b-12(b)) is
amended--
(1) in the subsection heading, by striking ``Flood Plain''
and inserting ``Floodplain''; and
(2) in the first sentence, by striking ``flood plain'' and
inserting ``floodplain''.
SEC. 213. ENVIRONMENTAL DREDGING.
Section 312 of the Water Resources Development Act of 1990
(33 U.S.C. 1272) is amended by adding at the end the
following:
``(g) Nonprofit Entities.--Notwithstanding section 221 of
the Flood Control Act of 1970 (42 U.S.C. 1962d-5b), for any
project carried out under this section, a non-Federal sponsor
may include a nonprofit entity, with the consent of the
affected local government.''.
SEC. 214. REGULATORY ANALYSIS AND MANAGEMENT SYSTEMS DATA.
(a) In General.--Beginning October 1, 2000, the Secretary,
acting through the Chief of Engineers, shall publish, on the
Army Corps of Engineers' Regulatory Program website,
quarterly reports that include all Regulatory Analysis and
Management Systems (RAMS) data.
(b) Data.--Such RAMS data shall include--
(1) the date on which an individual or nationwide permit
application under section 404 of the Federal Water Pollution
Control Act (33 U.S.C. 1344) is first received by the Corps;
(2) the date on which the application is considered
complete;
(3) the date on which the Corps either grants (with or
without conditions) or denies the permit; and
(4) if the application is not considered complete when
first received by the Corps, a description of the reason the
application was not considered complete.
SEC. 215. PERFORMANCE OF SPECIALIZED OR TECHNICAL SERVICES.
(a) Definition of State.--In this section, the term
``State'' has the meaning given the term in section 6501 of
title 31, United States Code.
(b) Authority.--The Corps of Engineers may provide
specialized or technical services to a Federal agency (other
than a Department of Defense agency), State, or local
government of the United States under section 6505 of title
31, United States Code, only if the chief executive of the
requesting entity submits to the Secretary--
(1) a written request describing the scope of the services
to be performed and agreeing to reimburse the Corps for all
costs associated with the performance of the services; and
(2) a certification that includes adequate facts to
establish that the services requested are not reasonably and
quickly available through ordinary business channels.
(c) Corps Agreement To Perform Services.--The Secretary,
after receiving a request described in subsection (b) to
provide specialized or technical services, shall, before
entering into an agreement to perform the services--
(1) ensure that the requirements of subsection (b) are met
with regard to the request for services; and
(2) execute a certification that includes adequate facts to
establish that the Corps is uniquely equipped to perform such
services.
(d) Annual Report to Congress.--
(1) In general.--Not later than the end of each calendar
year, the Secretary shall provide to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate a report identifying any request
submitted by a Federal agency (other than a Department of
Defense agency), State, or local government of the United
States to the Corps to provide specialized or technical
services.
(2) Contents of report.--The report shall include, with
respect to each request described in paragraph (1)--
(A) a description of the scope of services requested;
(B) the certifications required under subsection (b) and
(c);
(C) the status of the request;
(D) the estimated and final cost of the services;
(E) the status of reimbursement;
(F) a description of the scope of services performed; and
(G) copies of all certifications in support of the request.
TITLE III--PROJECT-RELATED PROVISIONS
SEC. 301. BOYDSVILLE, ARKANSAS.
The Secretary shall credit toward the non-Federal share of
the costs of the study to determine the feasibility of the
reservoir and associated improvements in the vicinity of
Boydsville, Arkansas, authorized by section 402 of the Water
Resources Development Act of 1999 (113 Stat. 322), not more
than $250,000 of the costs of the relevant planning and
engineering investigations carried out by State and local
agencies, if the Secretary finds that the investigations are
integral to the scope of the feasibility study.
SEC. 302. WHITE RIVER BASIN, ARKANSAS AND MISSOURI.
Section 374 of the Water Resources Development Act of 1999
(113 Stat. 321) is amended--
(1) in subsection (a), by striking ``the following'' and
all that follows and inserting ``the amounts of project
storage that are recommended by the report required under
subsection (b).''; and
(2) in subsection (b)--
(A) in paragraph (1), by inserting before the period at the
end the following: ``and does not significantly impact other
authorized project purposes'';
(B) in paragraph (2), by striking ``2000'' and inserting
``2002''; and
(C) in paragraph (3)--
(i) by inserting ``and to what extent'' after ``whether'';
(ii) in subparagraph (A), by striking ``and'' at the end;
(iii) in subparagraph (B), by striking the period at the
end and inserting ``; and''; and
(iv) by adding at the end the following:
``(C) project storage should be reallocated to sustain the
tail water trout fisheries.''.
SEC. 303. GASPARILLA AND ESTERO ISLANDS, FLORIDA.
The project for shore protection, Gasparilla and Estero
Island segments, Lee County, Florida, authorized under
section 201 of the Flood Control Act of 1965 (79 Stat. 1073),
by Senate Resolution dated December 17, 1970, and by House
Resolution dated December 15, 1970, is modified to authorize
the Secretary to enter into an agreement with the non-Federal
interest to carry out the project in accordance with section
206 of the Water Resources Development Act of 1992 (33 U.S.C.
426i-1), if the Secretary determines that the project is
technically sound, environmentally acceptable, and
economically justified.
SEC. 304. FORT HALL INDIAN RESERVATION, IDAHO.
(a) In General.--The Secretary shall carry out planning,
engineering, and design of an adaptive ecosystem restoration,
flood damage reduction, and erosion protection project along
the upper Snake River within and adjacent to the Fort Hall
Indian Reservation, Idaho.
(b) Project Justification.--Notwithstanding any other
provision of law or requirement for economic justification,
the Secretary may construct and adaptively manage for 10
years a project under this section if the Secretary
determines that the project--
(1) is a cost-effective means of providing ecosystem
restoration, flood damage reduction, and erosion protection;
(2) is environmentally acceptable and technically feasible;
and
(3) will improve the economic and social conditions of the
Shoshone-Bannok Indian Tribe.
(c) Land, Easements, and Rights-of-Way.--As a condition of
the project described in subsection (a), the Shoshone-Bannock
Indian Tribe shall provide land, easements, and rights-of-way
necessary for implementation of the project.
SEC. 305. UPPER DES PLAINES RIVER AND TRIBUTARIES, ILLINOIS.
The Secretary shall credit toward the non-Federal share of
the costs of the study to determine the feasibility of
improvements to the upper Des Plaines River and tributaries,
phase 2, Illinois and Wisconsin, authorized by section 419 of
the Water Resources Development Act of 1999 (113 Stat. 324),
the costs of work carried out by the non-Federal interests in
Lake County, Illinois, before the date of execution of the
feasibility study cost-sharing agreement, if--
(1) the Secretary and the non-Federal interests enter into
a feasibility study cost-sharing agreement; and
(2) the Secretary finds that the work is integral to the
scope of the feasibility study.
SEC. 306. RED RIVER WATERWAY, LOUISIANA.
The project for mitigation of fish and wildlife losses, Red
River Waterway, Louisiana, authorized by section 601(a) of
the Water Resources Development Act of 1986 (100 Stat. 4142)
and modified by section 4(h) of the Water Resources
Development Act of 1988 (102 Stat. 4016), section 102(p) of
the Water Resources Development Act of 1990 (104 Stat. 4613),
and section 301(b)(7) of the Water Resources Development Act
of 1996 (110 Stat. 3710), is further modified to authorize
the purchase of mitigation land from willing sellers in any
of the parishes that comprise the Red River Waterway
District, consisting of Avoyelles, Bossier, Caddo, Grant,
Natchitoches, Rapides, and Red River Parishes.
SEC. 307. WILLIAM JENNINGS RANDOLPH LAKE, MARYLAND.
The Secretary--
(1) may provide design and construction assistance for
recreational facilities in the State of Maryland at the
William Jennings Randolph Lake (Bloomington Dam), Maryland
and West Virginia, project authorized by section 203 of the
Flood Control Act of 1962 (76 Stat. 1182); and
(2) shall require the non-Federal interest to provide 50
percent of the costs of designing and constructing the
recreational facilities.
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SEC. 308. MISSOURI RIVER VALLEY, MISSOURI.
(a) Short Title.--This section may be cited as the
``Missouri River Valley Improvement Act''.
(b) Findings and Purposes.--
(1) Findings.--Congress finds that--
(A) Lewis and Clark were pioneering naturalists that
recorded dozens of species previously unknown to science
while ascending the Missouri River in 1804;
(B) the Missouri River, which is 2,321 miles long, drains
\1/6\ of the United States, is home to approximately
10,000,000 people in 10 States and 28 Native American tribes,
and is a resource of incalculable value to the United States;
(C) the construction of dams, levees, and river training
structures in the past 150 years has aided navigation, flood
control, and water supply along the Missouri River, but has
reduced habitat for native river fish and wildlife;
(D) river organizations, including the Missouri River Basin
Association, support habitat restoration, riverfront
revitalization, and improved operational flexibility so long
as those efforts do not significantly interfere with uses of
the Missouri River; and
(E) restoring a string of natural places by the year 2004
would aid native river fish and wildlife, reduce flood
losses, enhance recreation and tourism, and celebrate the
bicentennial of Lewis and Clark's voyage.
(2) Purposes.--The purposes of this section are--
(A) to protect, restore, and enhance the fish, wildlife,
and plants, and the associated habitats on which they depend,
of the Missouri River;
(B) to restore a string of natural places that aid native
river fish and wildlife, reduce flood losses, and enhance
recreation and tourism;
(C) to revitalize historic riverfronts to improve quality
of life in riverside communities and attract recreation and
tourism;
(D) to monitor the health of the Missouri River and measure
biological, chemical, geological, and hydrological responses
to changes in Missouri River management;
(E) to allow the Corps of Engineers increased authority to
restore and protect fish and wildlife habitat on the Missouri
River;
(F) to protect and replenish cottonwoods, and their
associated riparian woodland communities, along the upper
Missouri River; and
(G) to educate the public about the economic,
environmental, and cultural importance of the Missouri River
and the scientific and cultural discoveries of Lewis and
Clark.
(c) Definition of Missouri River.--In this section, the
term ``Missouri River'' means the Missouri River and the
adjacent floodplain that extends from the mouth of the
Missouri River (RM 0) to the confluence of the Jefferson,
Madison, and Gallatin Rivers (RM 2341) in the State of
Montana.
(d) Authority To Protect, Enhance, and Restore Fish and
Wildlife Habitat.--Section 9(b) of the Act of December 22,
1944 (58 Stat. 891, chapter 665), is amended--
(1) by striking ``(b) The general'' and inserting the
following:
``(b) Comprehensive Plan.--
``(1) In general.--The general'';
(2) by striking ``paragraph'' and inserting ``subsection'';
and
(3) by adding at the end the following:
``(2) Fish and wildlife habitat.--In addition to carrying
out the duties under the comprehensive plan described in
paragraph (1), the Chief of Engineers shall protect, enhance,
and restore fish and wildlife habitat on the Missouri River
to the extent consistent with other authorized project
purposes.''.
(e) Integration of Activities.--
(1) In general.--In carrying out this section and in
accordance with paragraph (2), the Secretary shall provide
for such activities as are necessary to protect and enhance
fish and wildlife habitat without adversely affecting--
(A) the water-related needs of the Missouri River basin,
including flood control, navigation, hydropower, water
supply, and recreation; and
(B)
Major Actions:
All articles in Senate section
WATER RESOURCES DEVELOPMENT ACT OF 2000
(Senate - September 21, 2000)
Text of this article available as:
TXT
PDF
[Pages
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WATER RESOURCES DEVELOPMENT ACT OF 2000
The PRESIDING OFFICER. The clerk will report the bill by title.
The legislative clerk read as follows:
A bill (
S. 2796) to provide for the conservation and
development of water and resources, to authorize the
Secretary of the Army to construct various projects for
improvements to rivers and harbors of the United States, and
for other purposes.
The Senate proceeded to the bill which had been reported from the
Committee on Environment and Public Works, with an amendment; as
follows:
(Strike out all after the enacting clause and insert the
part printed in italic.)
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Water
Resources Development Act of 2000''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definition of Secretary.
TITLE I--WATER RESOURCES PROJECTS
Sec. 101. Project authorizations.
Sec. 102. Small shore protection projects.
Sec. 103. Small navigation projects.
Sec. 104. Removal of snags and clearing and straightening of channels
in navigable waters.
Sec. 105. Small bank stabilization projects.
Sec. 106. Small flood control projects.
Sec. 107. Small projects for improvement of the quality of the
environment.
Sec. 108. Beneficial uses of dredged material.
Sec. 109. Small aquatic ecosystem restoration projects.
Sec. 110. Flood mitigation and riverine restoration.
Sec. 111. Disposal of dredged material on beaches.
TITLE II--GENERAL PROVISIONS
Sec. 201. Cooperation agreements with counties.
Sec. 202. Watershed and river basin assessments.
Sec. 203. Tribal partnership program.
Sec. 204. Ability to pay.
Sec. 205. Property protection program.
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Sec. 206. National Recreation Reservation Service.
Sec. 207. Operation and maintenance of hydroelectric facilities.
Sec. 208. Interagency and international support.
Sec. 209. Reburial and conveyance authority.
Sec. 210. Approval of construction of dams and dikes.
Sec. 211. Project deauthorization authority.
Sec. 212. Floodplain management requirements.
Sec. 213. Environmental dredging.
Sec. 214. Regulatory analysis and management systems data.
Sec. 215. Performance of specialized or technical services.
TITLE III--PROJECT-RELATED PROVISIONS
Sec. 301. Boydsville, Arkansas.
Sec. 302. White River Basin, Arkansas and Missouri.
Sec. 303. Gasparilla and Estero Islands, Florida.
Sec. 304. Fort Hall Indian Reservation, Idaho.
Sec. 305. Upper Des Plaines River and tributaries, Illinois.
Sec. 306. Red River Waterway, Louisiana.
Sec. 307. William Jennings Randolph Lake, Maryland.
Sec. 308. Missouri River Valley, Missouri.
Sec. 309. New Madrid County, Missouri.
Sec. 310. Pemiscot County Harbor, Missouri.
Sec. 311. Pike County, Missouri.
Sec. 312. Fort Peck fish hatchery, Montana.
Sec. 313. Sagamore Creek, New Hampshire.
Sec. 314. Passaic River Basin flood management, New Jersey.
Sec. 315. Rockaway Inlet to Norton Point, New York.
Sec. 316. John Day Pool, Oregon and Washington.
Sec. 317. Fox Point hurricane barrier, Providence, Rhode Island.
Sec. 318. Houston-Galveston Navigation Channels, Texas.
Sec. 319. Joe Pool Lake, Trinity River Basin, Texas.
Sec. 320. Lake Champlain watershed, Vermont and New York.
Sec. 321. Mount St. Helens, Washington.
Sec. 322. Puget Sound and adjacent waters restoration, Washington.
Sec. 323. Fox River System, Wisconsin.
Sec. 324. Chesapeake Bay oyster restoration.
Sec. 325. Great Lakes dredging levels adjustment.
Sec. 326. Great Lakes fishery and ecosystem restoration.
Sec. 327. Great Lakes remedial action plans and sediment remediation.
Sec. 328. Great Lakes tributary model.
Sec. 329. Treatment of dredged material from Long Island Sound.
Sec. 330. New England water resources and ecosystem restoration.
Sec. 331. Project deauthorizations.
TITLE IV--STUDIES
Sec. 401. Baldwin County, Alabama.
Sec. 402. Bono, Arkansas.
Sec. 403. Cache Creek Basin, California.
Sec. 404. Estudillo Canal watershed, California.
Sec. 405. Laguna Creek watershed, California.
Sec. 406. Oceanside, California.
Sec. 407. San Jacinto watershed, California.
Sec. 408. Choctawhatchee River, Florida.
Sec. 409. Egmont Key, Florida.
Sec. 410. Upper Ocklawaha River and Apopka/Palatlakaha River basins,
Florida.
Sec. 411. Boise River, Idaho.
Sec. 412. Wood River, Idaho.
Sec. 413. Chicago, Illinois.
Sec. 414. Boeuf and Black, Louisiana.
Sec. 415. Port of Iberia, Louisiana.
Sec. 416. South Louisiana.
Sec. 417. St. John the Baptist Parish, Louisiana.
Sec. 418. Narraguagus River, Milbridge, Maine.
Sec. 419. Portsmouth Harbor and Piscataqua River, Maine and New
Hampshire.
Sec. 420. Merrimack River Basin, Massachusetts and New Hampshire.
Sec. 421. Port of Gulfport, Mississippi.
Sec. 422. Upland disposal sites in New Hampshire.
Sec. 423. Missouri River basin, North Dakota, South Dakota, and
Nebraska.
Sec. 424. Cuyahoga River, Ohio.
Sec. 425. Fremont, Ohio.
Sec. 426. Grand Lake, Oklahoma.
Sec. 427. Dredged material disposal site, Rhode Island.
Sec. 428. Chickamauga Lock and Dam, Tennessee.
Sec. 429. Germantown, Tennessee.
Sec. 430. Horn Lake Creek and Tributaries, Tennessee and Mississippi.
Sec. 431. Cedar Bayou, Texas.
Sec. 432. Houston Ship Channel, Texas.
Sec. 433. San Antonio Channel, Texas.
Sec. 434. White River watershed below Mud Mountain Dam, Washington.
Sec. 435. Willapa Bay, Washington.
Sec. 436. Upper Mississippi River basin sediment and nutrient study.
TITLE V--MISCELLANEOUS PROVISIONS
Sec. 501. Visitors centers.
Sec. 502. CALFED Bay-Delta Program assistance, California.
Sec. 503. Conveyance of lighthouse, Ontonagon, Michigan.
Sec. 504. Land conveyance, Candy Lake, Oklahoma.
TITLE VI--COMPREHENSIVE EVERGLADES RESTORATION PLAN
Sec. 601. Comprehensive Everglades Restoration Plan.
SEC. 2. DEFINITION OF SECRETARY.
In this Act, the term ``Secretary'' means the Secretary of
the Army.
TITLE I--WATER RESOURCES PROJECTS
SEC. 101. PROJECT AUTHORIZATIONS.
(a) Projects With Chief's Reports.--The following project
for water resources development and conservation and other
purposes is authorized to be carried out by the Secretary
substantially in accordance with the plans, and subject to
the conditions, described in the designated report: The
project for navigation, New York-New Jersey Harbor: Report of
the Chief of Engineers dated May 2, 2000, at a total cost of
$1,781,235,000, with an estimated Federal cost of
$738,631,000 and an estimated non-Federal cost of
$1,042,604,000.
(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, 2000:
(1) False pass harbor, alaska.--The project for navigation,
False Pass Harbor, Alaska, at a total cost of $15,000,000,
with an estimated Federal cost of $10,000,000 and an
estimated non-Federal cost of $5,000,000.
(2) Unalaska harbor, alaska.--The project for navigation,
Unalaska Harbor, Alaska, at a total cost of $20,000,000, with
an estimated Federal cost of $12,000,000 and an estimated
non-Federal cost of $8,000,000.
(3) Rio de flag, arizona.--The project for flood damage
reduction, Rio de Flag, Arizona, at a total cost of
$26,400,000, with an estimated Federal cost of $17,100,000
and an estimated non-Federal cost of $9,300,000.
(4) Tres rios, arizona.--The project for environmental
restoration, Tres Rios, Arizona, at a total cost of
$90,000,000, with an estimated Federal cost of $58,000,000
and an estimated non-Federal cost of $32,000,000.
(5) Los angeles harbor, california.--The project for
navigation, Los Angeles Harbor, California, at a total cost
of $168,900,000, with an estimated Federal cost of
$44,000,000 and an estimated non-Federal cost of
$124,900,000.
(6) Murrieta creek, california.--The project for flood
control, Murrieta Creek, California, at a total cost of
$43,100,000, with an estimated Federal cost of $27,800,000
and an estimated non-Federal cost of $15,300,000.
(7) Pine flat dam, california.--The project for fish and
wildlife restoration, Pine Flat Dam, California, at a total
cost of $34,000,000, with an estimated Federal cost of
$22,000,000 and an estimated non-Federal cost of $12,000,000.
(8) Ranchos palos verdes, california.--The project for
environmental restoration, Ranchos Palos Verdes, California,
at a total cost of $18,100,000, with an estimated Federal
cost of $11,800,000 and an estimated non-Federal cost of
$6,300,000.
(9) Santa barbara streams, california.--The project for
flood damage reduction, Santa Barbara Streams, Lower Mission
Creek, California, at a total cost of $17,100,000, with an
estimated Federal cost of $8,600,000 and an estimated non-
Federal cost of $8,500,000.
(10) Upper newport bay harbor, california.--The project for
environmental restoration, Upper Newport Bay Harbor,
California, at a total cost of $28,280,000, with an estimated
Federal cost of $18,390,000 and an estimated non-Federal cost
of $9,890,000.
(11) Whitewater river basin, california.--The project for
flood damage reduction, Whitewater River basin, California,
at a total cost of $26,000,000, with an estimated Federal
cost of $16,900,000 and an estimated non-Federal cost of
$9,100,000.
(12) Tampa harbor, florida.--Modification of the project
for navigation, Tampa Harbor, Florida, authorized by section
4 of the Act of September 22, 1922 (42 Stat. 1042, chapter
427), to deepen the Port Sutton Channel, at a total cost of
$7,245,000, with an estimated Federal cost of $4,709,000 and
an estimated non-Federal cost of $2,536,000.
(13) Barbers point harbor, oahu, hawaii.--The project for
navigation, Barbers Point Harbor, Oahu, Hawaii, at a total
cost of $51,000,000, with an estimated Federal cost of
$21,000,000 and an estimated non-Federal cost of $30,000,000.
(14) John t. myers lock and dam, indiana and kentucky.--The
project for navigation, John T. Myers Lock and Dam, Ohio
River, Indiana and Kentucky, at a total cost of $182,000,000.
The costs of construction of the project shall be paid \1/2\
from amounts appropriated from the general fund of the
Treasury and \1/2\ from amounts appropriated from the Inland
Waterways Trust Fund.
(15) Greenup lock and dam, kentucky.--The project for
navigation, Greenup Lock and Dam, Ohio River, Kentucky, at a
total cost of $183,000,000. The costs of construction of the
project shall be paid \1/2\ from amounts appropriated from
the general fund of the Treasury and \1/2\ from amounts
appropriated from the Inland Waterways Trust Fund.
(16) Morganza, louisiana, to gulf of mexico.--
(A) In general.--The project for hurricane protection,
Morganza, Louisiana, to the Gulf of Mexico, at a total cost
of $550,000,000, with an estimated Federal cost of
$358,000,000 and an estimated non-Federal cost of
$192,000,000.
(B) Credit.--The non-Federal interests shall receive credit
toward the non-Federal share of project costs for the costs
of any work carried out by the non-Federal interests for
interim flood protection after March 31, 1989, if the
Secretary finds that the work is compatible with, and
integral to, the project.
(17) Chesterfield, missouri.--The project to implement
structural and nonstructural measures to prevent flood damage
to Chesterfield, Missouri, and the surrounding area, at a
total
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cost of $63,000,000, with an estimated Federal cost of
$40,950,000 and an estimated non-Federal cost of $22,050,000.
(18) Barnegat inlet to little egg inlet, new jersey.--The
project for shore protection, Barnegat Inlet to Little Egg
Inlet, New Jersey, at a total cost of $51,203,000, with an
estimated Federal cost of $33,282,000 and an estimated non-
Federal cost of $17,921,000, and at an estimated average
annual cost of $1,751,000 for periodic nourishment over the
50-year life of the project, with an estimated annual Federal
cost of $1,138,000 and an estimated annual non-Federal cost
of $613,000.
(19) Raritan bay and sandy hook bay, cliffwood beach, new
jersey.--The project for shore protection, Raritan Bay and
Sandy Hook Bay, Cliffwood Beach, New Jersey, at a total cost
of $5,219,000, with an estimated Federal cost of $3,392,000
and an estimated non-Federal cost of $1,827,000, and at an
estimated average annual cost of $110,000 for periodic
nourishment over the 50-year life of the project, with an
estimated annual Federal cost of $55,000 and an estimated
annual non-Federal cost of $55,000.
(20) Raritan bay and sandy hook bay, port monmouth, new
jersey.--The project for shore protection, Raritan Bay and
Sandy Hook Bay, Port Monmouth, New Jersey, at a total cost of
$30,081,000, with an estimated Federal cost of $19,553,000
and an estimated non-Federal cost of $10,528,000, and at an
estimated average annual cost of $2,468,000 for periodic
nourishment over the 50-year life of the project, with an
estimated annual Federal cost of $1,234,000 and an estimated
annual non-Federal cost of $1,234,000.
(21) Memphis, tennessee.--The project for ecosystem
restoration, Wolf River, Memphis, Tennessee, at a total cost
of $10,933,000, with an estimated Federal cost of $7,106,000
and an estimated non-Federal cost of $3,827,000.
(22) Jackson hole, wyoming.--
(A) In general.--The project for environmental restoration,
Jackson Hole, Wyoming, at a total cost of $66,500,000, with
an estimated Federal cost of $43,225,000 and an estimated
non-Federal cost of $23,275,000.
(B) Non-federal share.--
(i) In general.--The non-Federal share of the costs of the
project may be provided in cash or in the form of in-kind
services or materials.
(ii) Credit.--The non-Federal interest shall receive credit
toward the non-Federal share of project costs for design and
construction work carried out by the non-Federal interest
before the date of execution of a project cooperation
agreement for the project, if the Secretary finds that the
work is integral to the project.
(23) Ohio river.--
(A) In general.--The program for protection and restoration
of fish and wildlife habitat in and along the main stem of
the Ohio River, consisting of projects described in a
comprehensive plan, at a total cost of $200,000,000, with an
estimated Federal cost of $130,000,000 and an estimated non-
Federal cost of $70,000,000.
(B) Non-federal share.--
(i) In general.--The non-Federal share of the costs of any
project under the program may be provided in cash or in the
form of in-kind services or materials.
(ii) Credit.--The non-Federal interest shall receive credit
toward the non-Federal share of project costs for design and
construction work carried out by the non-Federal interest
before the date of execution of a project cooperation
agreement for the project, if the Secretary finds that the
work is integral to the project.
SEC. 102. SMALL SHORE PROTECTION 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
3 of the Act of August 13, 1946 (33 U.S.C. 426g):
(1) Lake palourde, louisiana.--Project for beach
restoration and protection, Highway 70, Lake Palourde, St.
Mary and St. Martin Parishes, Louisiana.
(2) St. bernard, louisiana.--Project for beach restoration
and protection, Bayou Road, St. Bernard, Louisiana.
SEC. 103. 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):
(1) Houma navigation canal, louisiana.--Project for
navigation, Houma Navigation Canal, Terrebonne Parish,
Louisiana.
(2) Vidalia port, louisiana.--Project for navigation,
Vidalia Port, Louisiana.
SEC. 104. REMOVAL OF SNAGS AND CLEARING AND STRAIGHTENING OF
CHANNELS IN NAVIGABLE WATERS.
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 3 of the Act of March 2, 1945 (33 U.S.C. 604):
(1) Bayou manchac, louisiana.--Project for removal of snags
and clearing and straightening of channels for flood control,
Bayou Manchac, Ascension Parish, Louisiana.
(2) Black bayou and hippolyte coulee, louisiana.--Project
for removal of snags and clearing and straightening of
channels for flood control, Black Bayou and Hippolyte Coulee,
Calcasieu Parish, Louisiana.
SEC. 105. SMALL BANK STABILIZATION 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
14 of the Flood Control Act of 1946 (33 U.S.C. 701r):
(1) Bayou des glaises, louisiana.--Project for emergency
streambank protection, Bayou des Glaises (Lee Chatelain
Road), Avoyelles Parish, Louisiana.
(2) Bayou plaquemine, louisiana.--Project for emergency
streambank protection, Highway 77, Bayou Plaquemine,
Iberville Parish, Louisiana.
(3) Hammond, louisiana.--Project for emergency streambank
protection, Fagan Drive Bridge, Hammond, Louisiana.
(4) Iberville parish, louisiana.--Project for emergency
streambank protection, Iberville Parish, Louisiana.
(5) Lake arthur, louisiana.--Project for emergency
streambank protection, Parish Road 120 at Lake Arthur,
Louisiana.
(6) Lake charles, louisiana.--Project for emergency
streambank protection, Pithon Coulee, Lake Charles, Calcasieu
Parish, Louisiana.
(7) Loggy bayou, louisiana.--Project for emergency
streambank protection, Loggy Bayou, Bienville Parish,
Louisiana.
(8) Scotlandville bluff, louisiana.--Project for emergency
streambank protection, Scotlandville Bluff, East Baton Rouge
Parish, Louisiana.
SEC. 106. SMALL FLOOD CONTROL 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
205 of the Flood Control Act of 1948 (33 U.S.C. 701s):
(1) Weiser river, idaho.--Project for flood damage
reduction, Weiser River, Idaho.
(2) Bayou tete l'ours, louisiana.--Project for flood
control, Bayou Tete L'Ours, Louisiana.
(3) Bossier city, louisiana.--Project for flood control,
Red Chute Bayou levee, Bossier City, Louisiana.
(4) Braithwaite park, louisiana.--Project for flood
control, Braithwaite Park, Louisiana.
(5) Cane bend subdivision, louisiana.--Project for flood
control, Cane Bend Subdivision, Bossier Parish, Louisiana.
(6) Crown point, louisiana.--Project for flood control,
Crown Point, Louisiana.
(7) Donaldsonville canals, louisiana.--Project for flood
control, Donaldsonville Canals, Louisiana.
(8) Goose bayou, louisiana.--Project for flood control,
Goose Bayou, Louisiana.
(9) Gumby dam, louisiana.--Project for flood control, Gumby
Dam, Richland Parish, Louisiana.
(10) Hope canal, louisiana.--Project for flood control,
Hope Canal, Louisiana.
(11) Jean lafitte, louisiana.--Project for flood control,
Jean Lafitte, Louisiana.
(12) Lockport to larose, louisiana.--Project for flood
control, Lockport to Larose, Louisiana.
(13) Lower lafitte basin, louisiana.--Project for flood
control, Lower Lafitte Basin, Louisiana.
(14) Oakville to lareussite, louisiana.--Project for flood
control, Oakville to LaReussite, Louisiana.
(15) Pailet basin, louisiana.--Project for flood control,
Pailet Basin, Louisiana.
(16) Pochitolawa creek, louisiana.--Project for flood
control, Pochitolawa Creek, Louisiana.
(17) Rosethorn basin, louisiana.--Project for flood
control, Rosethorn Basin, Louisiana.
(18) Shreveport, louisiana.--Project for flood control,
Twelve Mile Bayou, Shreveport, Louisiana.
(19) Stephensville, louisiana.--Project for flood control,
Stephensville, Louisiana.
(20) St. john the baptist parish, louisiana.--Project for
flood control, St. John the Baptist Parish, Louisiana.
(21) Magby creek and vernon branch, mississippi.--Project
for flood control, Magby Creek and Vernon Branch, Lowndes
County, Mississippi.
(22) Fritz landing, tennessee.--Project for flood control,
Fritz Landing, Tennessee.
SEC. 107. SMALL PROJECTS FOR IMPROVEMENT OF THE QUALITY OF
THE ENVIRONMENT.
The Secretary shall conduct a study for each of the
following projects and, if the Secretary determines that a
project is appropriate, may carry out the project under
section 1135(a) of the Water Resources Development Act of
1986 (33 U.S.C. 2309a(a)):
(1) Bayou sauvage national wildlife refuge, louisiana.--
Project for improvement of the quality of the environment,
Bayou Sauvage National Wildlife Refuge, Orleans Parish,
Louisiana.
(2) Gulf intracoastal waterway, bayou plaquemine,
louisiana.--Project for improvement of the quality of the
environment, Gulf Intracoastal Waterway, Bayou Plaquemine,
Iberville Parish, Louisiana.
(3) Gulf intracoastal waterway, miles 220 to 222.5,
louisiana.--Project for improvement of the quality of the
environment, Gulf Intracoastal Waterway, miles 220 to 222.5,
Vermilion Parish, Louisiana.
(4) Gulf intracoastal waterway, weeks bay, louisiana.--
Project for improvement of the quality of the environment,
Gulf Intracoastal Waterway, Weeks Bay, Iberia Parish,
Louisiana.
(5) Lake fausse point, louisiana.--Project for improvement
of the quality of the environment, Lake Fausse Point,
Louisiana.
(6) Lake providence, louisiana.--Project for improvement of
the quality of the environment, Old River, Lake Providence,
Louisiana.
(7) New river, louisiana.--Project for improvement of the
quality of the environment, New River, Ascension Parish,
Louisiana.
(8) Erie county, ohio.--Project for improvement of the
quality of the environment, Sheldon's Marsh State Nature
Preserve, Erie County, Ohio.
(9) Mushingum county, ohio.--Project for improvement of the
quality of the environment, Dillon Reservoir watershed,
Licking River, Mushingum County, Ohio.
SEC. 108. BENEFICIAL USES OF DREDGED MATERIAL.
The Secretary may carry out the following projects under
section 204 of the Water Resources Development Act of 1992
(33 U.S.C. 2326):
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(1) Houma navigation canal, louisiana.--Project to make
beneficial use of dredged material from a Federal navigation
project that includes barrier island restoration at the Houma
Navigation Canal, Terrebonne Parish, Louisiana.
(2) Mississippi river gulf outlet, mile -3 to mile -9,
louisiana.--Project to make beneficial use of dredged
material from a Federal navigation project that includes
dredging of the Mississippi River Gulf Outlet, mile -3 to
mile -9, St. Bernard Parish, Louisiana.
(3) Mississippi river gulf outlet, mile 11 to mile 4,
louisiana.--Project to make beneficial use of dredged
material from a Federal navigation project that includes
dredging of the Mississippi River Gulf Outlet, mile 11 to
mile 4, St. Bernard Parish, Louisiana.
(4) Plaquemines parish, louisiana.--Project to make
beneficial use of dredged material from a Federal navigation
project that includes marsh creation at the contained
submarine maintenance dredge sediment trap, Plaquemines
Parish, Louisiana.
(5) Ottawa county, ohio.--Project to protect, restore, and
create aquatic and related habitat using dredged material,
East Harbor State Park, Ottawa County, Ohio.
SEC. 109. SMALL AQUATIC ECOSYSTEM RESTORATION PROJECTS.
The Secretary may carry out the following projects under
section 206 of the Water Resources Development Act of 1996
(33 U.S.C. 2330):
(1) Braud bayou, louisiana.--Project for aquatic ecosystem
restoration, Braud Bayou, Spanish Lake, Ascension Parish,
Louisiana.
(2) Buras marina, louisiana.--Project for aquatic ecosystem
restoration, Buras Marina, Buras, Plaquemines Parish,
Louisiana.
(3) Comite river, louisiana.--Project for aquatic ecosystem
restoration, Comite River at Hooper Road, Louisiana.
(4) Department of energy 21-inch pipeline canal,
louisiana.--Project for aquatic ecosystem restoration,
Department of Energy 21-inch Pipeline Canal, St. Martin
Parish, Louisiana.
(5) Lake borgne, louisiana.--Project for aquatic ecosystem
restoration, southern shores of Lake Borgne, Louisiana.
(6) Lake martin, louisiana.--Project for aquatic ecosystem
restoration, Lake Martin, Louisiana.
(7) Luling, louisiana.--Project for aquatic ecosystem
restoration, Luling Oxidation Pond, St. Charles Parish,
Louisiana.
(8) Mandeville, louisiana.--Project for aquatic ecosystem
restoration, Mandeville, St. Tammany Parish, Louisiana.
(9) St. james, louisiana.--Project for aquatic ecosystem
restoration, St. James, Louisiana.
(10) Mines falls park, new hampshire.--Project for aquatic
ecosystem restoration, Mines Falls Park, New Hampshire.
(11) North hampton, new hampshire.--Project for aquatic
ecosystem restoration, Little River Salt Marsh, North
Hampton, New Hampshire.
(12) Highland county, ohio.--Project for aquatic ecosystem
restoration, Rocky Fork Lake, Clear Creek floodplain,
Highland County, Ohio.
(13) Hocking county, ohio.--Project for aquatic ecosystem
restoration, Long Hollow Mine, Hocking County, Ohio.
(14) Tuscarawas county, ohio.--Project for aquatic
ecosystem restoration, Huff Run, Tuscarawas County, Ohio.
(15) Central amazon creek, oregon.--Project for aquatic
ecosystem restoration, Central Amazon Creek, Oregon.
(16) Delta ponds, oregon.--Project for aquatic ecosystem
restoration, Delta Ponds, Oregon.
(17) Eugene millrace, oregon.--Project for aquatic
ecosystem restoration, Eugene Millrace, Oregon.
(18) Medford, oregon.--Project for aquatic ecosystem
restoration, Bear Creek watershed, Medford, Oregon.
(19) Roslyn lake, oregon.--Project for aquatic ecosystem
restoration, Roslyn Lake, Oregon.
SEC. 110. FLOOD MITIGATION AND RIVERINE RESTORATION.
Section 212(e) of the Water Resources Development Act of
1999 (33 U.S.C. 2332(e)) is amended--
(1) in paragraph (22), by striking ``and'' at the end;
(2) in paragraph (23), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(24) Perry Creek, Iowa.''.
SEC. 111. DISPOSAL OF DREDGED MATERIAL ON BEACHES.
Section 217 of the Water Resources Development Act of 1999
(113 Stat. 294) is amended by adding at the end the
following:
``(f) Fort Canby State Park, Benson Beach, Washington.--The
Secretary may design and construct a shore protection project
at Fort Canby State Park, Benson Beach, Washington, including
beneficial use of dredged material from Federal navigation
projects as provided under section 145 of the Water Resources
Development Act of 1976 (33 U.S.C. 426j).''.
TITLE II--GENERAL PROVISIONS
SEC. 201. COOPERATION AGREEMENTS WITH COUNTIES.
Section 221(a) of the Flood Control Act of 1970 (42 U.S.C.
1962d-5b(a)) is amended in the second sentence--
(1) by striking ``State legislative''; and
(2) by inserting before the period at the end the
following: ``of the State or a body politic of the State''.
SEC. 202. WATERSHED AND RIVER BASIN ASSESSMENTS.
Section 729 of the Water Resources Development Act of 1986
(100 Stat. 4164) is amended to read as follows:
``SEC. 729. WATERSHED AND RIVER BASIN ASSESSMENTS.
``(a) In General.--The Secretary may assess the water
resources needs of river basins and watersheds of the United
States, including needs relating to--
``(1) ecosystem protection and restoration;
``(2) flood damage reduction;
``(3) navigation and ports;
``(4) watershed protection;
``(5) water supply; and
``(6) drought preparedness.
``(b) Cooperation.--An assessment under subsection (a)
shall be carried out in cooperation and coordination with--
``(1) the Secretary of the Interior;
``(2) the Secretary of Agriculture;
``(3) the Secretary of Commerce;
``(4) the Administrator of the Environmental Protection
Agency; and
``(5) the heads of other appropriate agencies.
``(c) Consultation.--In carrying out an assessment under
subsection (a), the Secretary shall consult with Federal,
tribal, State, interstate, and local governmental entities.
``(d) Priority River Basins and Watersheds.--In selecting
river basins and watersheds for assessment under this
section, the Secretary shall give priority to--
``(1) the Delaware River basin; and
``(2) the Willamette River basin, Oregon.
``(e) Acceptance of Contributions.--In carrying out an
assessment under subsection (a), the Secretary may accept
contributions, in cash or in kind, from Federal, tribal,
State, interstate, and local governmental entities to the
extent that the Secretary determines that the contributions
will facilitate completion of the assessment.
``(f) Cost-Sharing Requirements.--
``(1) Non-federal share.--The non-Federal share of the
costs of an assessment carried out under this section shall
be 50 percent.
``(2) Credit.--
``(A) In general.--Subject to subparagraph (B), the non-
Federal interests may receive credit toward the non-Federal
share required under paragraph (1) for the provision of
services, materials, supplies, or other in-kind
contributions.
``(B) Maximum amount of credit.--Credit under subparagraph
(A) shall not exceed an amount equal to 25 percent of the
costs of the assessment.
``(g) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $15,000,000.''.
SEC. 203. TRIBAL PARTNERSHIP PROGRAM.
(a) Definition of Indian Tribe.--In this section, the term
``Indian tribe'' has the meaning given the term in section 4
of the Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450b).
(b) Program.--
(1) In general.--In cooperation with Indian tribes and the
heads of other Federal agencies, the Secretary may study and
determine the feasibility of carrying out water resources
development projects that--
(A) will substantially benefit Indian tribes; and
(B) are located primarily within Indian country (as defined
in section 1151 of title 18, United States Code) or in
proximity to Alaska Native villages.
(2) Matters to be studied.--A study conducted under
paragraph (1) may address--
(A) projects for flood damage reduction, environmental
restoration and protection, and preservation of cultural and
natural resources; and
(B) such other projects as the Secretary, in cooperation
with Indian tribes and the heads of other Federal agencies,
determines to be appropriate.
(c) Consultation and Coordination With Secretary of the
Interior.--
(1) In general.--In recognition of the unique role of the
Secretary of the Interior concerning trust responsibilities
with Indian tribes, and in recognition of mutual trust
responsibilities, the Secretary shall consult with the
Secretary of the Interior concerning studies conducted under
subsection (b).
(2) Integration of activities.--The Secretary shall--
(A) integrate civil works activities of the Department of
the Army with activities of the Department of the Interior to
avoid conflicts, duplications of effort, or unanticipated
adverse effects on Indian tribes; and
(B) consider the authorities and programs of the Department
of the Interior and other Federal agencies in any
recommendations concerning carrying out projects studied
under subsection (b).
(d) Priority Projects.--In selecting water resources
development projects for study under this section, the
Secretary shall give priority to--
(1) the project along the upper Snake River within and
adjacent to the Fort Hall Indian Reservation, Idaho,
authorized by section 304; and
(2) the project for the Tribal Reservation of the
Shoalwater Bay Indian Tribe on Willapa Bay, Washington,
authorized by section 435(b).
(e) Cost Sharing.--
(1) Ability to pay.--
(A) In general.--Any cost-sharing agreement for a study
under subsection (b) shall be subject to the ability of the
non-Federal interest to pay.
(B) Use of procedures.--The ability of a non-Federal
interest to pay shall be determined by the Secretary in
accordance with procedures established by the Secretary.
(2) Credit.--
(A) In general.--Subject to subparagraph (B), in conducting
studies of projects under subsection (b), the Secretary may
provide credit to the non-Federal interest for the provision
of services, studies, supplies, or other in-kind
contributions to the extent that the Secretary determines
that the services, studies, supplies, and
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other in-kind contributions will facilitate completion of the
project.
(B) Maximum amount of credit.--Credit under subparagraph
(A) shall not exceed an amount equal to the non-Federal share
of the costs of the study.
(f) Authorization of Appropriations.--There is authorized
to be appropriated to carry out subsection (b) $5,000,000 for
each of fiscal years 2002 through 2006, of which not more
than $1,000,000 may be used with respect to any 1 Indian
tribe.
SEC. 204. ABILITY TO PAY.
Section 103(m) of the Water Resources Development Act of
1986 (33 U.S.C. 2213(m)) is amended--
(1) by striking paragraphs (1) and (2) and inserting the
following:
``(1) In general.--Any cost-sharing agreement under this
section for a feasibility study, or for construction of an
environmental protection and restoration project, a flood
control project, a project for navigation, storm damage
protection, shoreline erosion, hurricane protection, or
recreation, or an agricultural water supply project, shall be
subject to the ability of the non-Federal interest to pay.
``(2) Criteria and procedures.--
``(A) In general.--The ability of a non-Federal interest to
pay shall be determined by the Secretary in accordance with--
``(i) during the period ending on the date on which revised
criteria and procedures are promulgated under subparagraph
(B), criteria and procedures in effect on the day before the
date of enactment of this subparagraph; and
``(ii) after the date on which revised criteria and
procedures are promulgated under subparagraph (B), the
revised criteria and procedures promulgated under
subparagraph (B).
``(B) Revised criteria and procedures.--Not later than 18
months after the date of enactment of this subparagraph, in
accordance with paragraph (3), the Secretary shall promulgate
revised criteria and procedures governing the ability of a
non-Federal interest to pay.''; and
(2) in paragraph (3)--
(A) in subparagraph (A)(ii), by adding ``and'' at the end;
and
(B) by striking subparagraphs (B) and (C) and inserting the
following:
``(B) may consider additional criteria relating to--
``(i) the financial ability of the non-Federal interest to
carry out its cost-sharing responsibilities; or
``(ii) additional assistance that may be available from
other Federal or State sources.''.
SEC. 205. PROPERTY PROTECTION PROGRAM.
(a) In General.--The Secretary may carry out a program to
reduce vandalism and destruction of property at water
resources development projects under the jurisdiction of the
Department of the Army.
(b) Provision of Rewards.--In carrying out the program, the
Secretary may provide rewards (including cash rewards) to
individuals who provide information or evidence leading to
the arrest and prosecution of individuals causing damage to
Federal property.
(c) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $500,000 for
each fiscal year.
SEC. 206. NATIONAL RECREATION RESERVATION SERVICE.
Notwithstanding section 611 of the Treasury and General
Government Appropriations Act, 1999 (Public Law 105-277; 112
Stat. 2681-515), the Secretary may--
(1) participate in the National Recreation Reservation
Service on an interagency basis; and
(2) pay the Department of the Army's share of the
activities required to implement, operate, and maintain the
Service.
SEC. 207. OPERATION AND MAINTENANCE OF HYDROELECTRIC
FACILITIES.
Section 314 of the Water Resources Development Act of 1990
(33 U.S.C. 2321) is amended in the first sentence by
inserting before the period at the end the following: ``in
cases in which the activities require specialized training
relating to hydroelectric power generation''.
SEC. 208. INTERAGENCY AND INTERNATIONAL SUPPORT.
Section 234(d) of the Water Resources Development Act of
1996 (33 U.S.C. 2323a(d)) is amended--
(1) in the first sentence, by striking ``$1,000,000'' and
inserting ``$2,000,000''; and
(2) in the second sentence, by inserting ``out'' after
``carry''.
SEC. 209. REBURIAL AND CONVEYANCE AUTHORITY.
(a) Definition of Indian Tribe.--In this section, the term
``Indian tribe'' has the meaning given the term in section 4
of the Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450b).
(b) Reburial.--
(1) Reburial areas.--In consultation with affected Indian
tribes, the Secretary may identify and set aside areas at
civil works projects of the Department of the Army that may
be used to rebury Native American remains that--
(A) have been discovered on project land; and
(B) have been rightfully claimed by a lineal descendant or
Indian tribe in accordance with applicable Federal law.
(2) Reburial.--In consultation with and with the consent of
the lineal descendant or the affected Indian tribe, the
Secretary may recover and rebury, at full Federal expense,
the remains at the areas identified and set aside under
subsection (b)(1).
(c) Conveyance Authority.--
(1) In general.--Subject to paragraph (2), notwithstanding
any other provision of law, the Secretary may convey to an
Indian tribe for use as a cemetery an area at a civil works
project that is identified and set aside by the Secretary
under subsection (b)(1).
(2) Retention of necessary property interests.--In carrying
out paragraph (1), the Secretary shall retain any necessary
right-of-way, easement, or other property interest that the
Secretary determines to be necessary to carry out the
authorized purposes of the project.
SEC. 210. APPROVAL OF CONSTRUCTION OF DAMS AND DIKES.
Section 9 of the Act of March 3, 1899 (33 U.S.C. 401), is
amended--
(1) by inserting ``(a) In General.--'' before ``It shall'';
(2) by striking ``However, such structures'' and inserting
the following:
``(b) Waterways Within a Single State.--Notwithstanding
subsection (a), structures described in subsection (a)'';
(3) by striking ``When plans'' and inserting the following:
``(c) Modification of Plans.--When plans'';
(4) by striking ``The approval'' and inserting the
following:
``(d) Applicability.--
``(1) Bridges and causeways.--The approval''; and
(5) in subsection (d) (as designated by paragraph (4)), by
adding at the end the following:
``(2) Dams and dikes.--
``(A) In general.--The approval required by this section of
the location and plans, or any modification of plans, of any
dam or dike, applies only to a dam or dike that, if
constructed, would completely span a waterway used to
transport interstate or foreign commerce, in such a manner
that actual, existing interstate or foreign commerce could be
adversely affected.
``(B) Other dams and dikes.--Any dam or dike (other than a
dam or dike described in subparagraph (A)) that is proposed
to be built in any other navigable water of the United
States--
``(i) shall be subject to section 10; and
``(ii) shall not be subject to the approval requirements of
this section.''.
SEC. 211. PROJECT DEAUTHORIZATION AUTHORITY.
Section 1001 of the Water Resources Development Act of 1986
(33 U.S.C. 579a) is amended to read as follows:
``SEC. 1001. PROJECT DEAUTHORIZATIONS.
``(a) Definitions.--In this section:
``(1) Construction.--The term `construction', with respect
to a project or separable element, means--
``(A) in the case of--
``(i) a nonstructural flood control project, the
acquisition of land, an easement, or a right-of-way primarily
to relocate a structure; and
``(ii) in the case of any other nonstructural measure, the
performance of physical work under a construction contract;
``(B) in the case of an environmental protection and
restoration project--
``(i) the acquisition of land, an easement, or a right-of-
way primarily to facilitate the restoration of wetland or a
similar habitat; or
``(ii) the performance of physical work under a
construction contract to modify an existing project facility
or to construct a new environmental protection and
restoration measure; and
``(C) in the case of any other water resources project, the
performance of physical work under a construction contract.
``(2) Physical work under a construction contract.--The
term `physical work under a construction contract' does not
include any activity related to project planning, engineering
and design, relocation, or the acquisition of land, an
easement, or a right-of-way.
``(b) Projects Never Under Construction.--
``(1) List of projects.--The Secretary shall annually
submit to Congress a list of projects and separable elements
of projects that--
``(A) are authorized for construction; and
``(B) for which no Federal funds were obligated for
construction during the 4 full fiscal years preceding the
date of submission of the list.
``(2) Deauthorization.--Any water resources project, or
separable element of a water resources project, authorized
for construction shall be deauthorized effective at the end
of the 7-year period beginning on the date of the most recent
authorization or reauthorization of the project or separable
element unless Federal funds have been obligated for
construction of the project or separable element by the end
of that period.
``(c) Projects for Which Construction Has Been Suspended.--
``(1) List of projects.--The Secretary shall annually
submit to Congress a list of projects and separable elements
of projects--
``(A) that are authorized for construction;
``(B) for which Federal funds have been obligated for
construction of the project or separable element; and
``(C) for which no Federal funds have been obligated for
construction of the project or separable element during the 2
full fiscal years preceding the date of submission of the
list.
``(2) Deauthorization.--Any water resources project, or
separable element of a water resources project, for which
Federal funds have been obligated for construction shall be
deauthorized effective at the end of any 5-fiscal year period
during which Federal funds specifically identified for
construction of the project or separable element (in an Act
of Congress or in the accompanying legislative report
language) have not been obligated for construction.
``(d) Congressional Notifications.--Upon submission of the
lists under subsections (b)(1) and (c)(1), the Secretary
shall notify each Senator in whose State, and each Member of
the House of Representatives in whose district, the affected
project or separable element is or would be located.
``(e) Final Deauthorization List.--The Secretary shall
publish annually in the Federal Register a list of all
projects and separable elements deauthorized under subsection
(b)(2) or (c)(2).
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``(f) Effective Date.--Subsections (b)(2) and (c)(2) take
effect 3 years after the date of enactment of this
subsection.''.
SEC. 212. FLOODPLAIN MANAGEMENT REQUIREMENTS.
(a) In General.--Section 402(c) of the Water Resources
Development Act of 1986 (33 U.S.C. 701b-12(c)) is amended--
(1) in the first sentence of paragraph (1), by striking
``Within 6 months after the date of the enactment of this
subsection, the'' and inserting ``The'';
(2) by redesignating paragraph (2) as paragraph (3);
(3) by striking ``Such guidelines shall address'' and
inserting the following:
``(2) Required elements.--The guidelines developed under
paragraph (1) shall--
``(A) address''; and
(4) in paragraph (2) (as designated by paragraph (3))--
(A) by inserting ``that non-Federal interests shall adopt
and enforce'' after ``policies'';
(B) by striking the period at the end and inserting ``;
and''; and
(C) by adding at the end the following:
``(B) require non-Federal interests to take measures to
preserve the level of flood protection provided by a project
to which subsection (a) applies.''.
(b) Applicability.--The amendments made by subsection (a)
shall apply to any project or separable element of a project
with respect to which the Secretary and the non-Federal
interest have not entered a project cooperation agreement on
or before the date of enactment of this Act.
(c) Technical Amendments.--Section 402(b) of the Water
Resources Development Act of 1986 (33 U.S.C. 701b-12(b)) is
amended--
(1) in the subsection heading, by striking ``Flood Plain''
and inserting ``Floodplain''; and
(2) in the first sentence, by striking ``flood plain'' and
inserting ``floodplain''.
SEC. 213. ENVIRONMENTAL DREDGING.
Section 312 of the Water Resources Development Act of 1990
(33 U.S.C. 1272) is amended by adding at the end the
following:
``(g) Nonprofit Entities.--Notwithstanding section 221 of
the Flood Control Act of 1970 (42 U.S.C. 1962d-5b), for any
project carried out under this section, a non-Federal sponsor
may include a nonprofit entity, with the consent of the
affected local government.''.
SEC. 214. REGULATORY ANALYSIS AND MANAGEMENT SYSTEMS DATA.
(a) In General.--Beginning October 1, 2000, the Secretary,
acting through the Chief of Engineers, shall publish, on the
Army Corps of Engineers' Regulatory Program website,
quarterly reports that include all Regulatory Analysis and
Management Systems (RAMS) data.
(b) Data.--Such RAMS data shall include--
(1) the date on which an individual or nationwide permit
application under section 404 of the Federal Water Pollution
Control Act (33 U.S.C. 1344) is first received by the Corps;
(2) the date on which the application is considered
complete;
(3) the date on which the Corps either grants (with or
without conditions) or denies the permit; and
(4) if the application is not considered complete when
first received by the Corps, a description of the reason the
application was not considered complete.
SEC. 215. PERFORMANCE OF SPECIALIZED OR TECHNICAL SERVICES.
(a) Definition of State.--In this section, the term
``State'' has the meaning given the term in section 6501 of
title 31, United States Code.
(b) Authority.--The Corps of Engineers may provide
specialized or technical services to a Federal agency (other
than a Department of Defense agency), State, or local
government of the United States under section 6505 of title
31, United States Code, only if the chief executive of the
requesting entity submits to the Secretary--
(1) a written request describing the scope of the services
to be performed and agreeing to reimburse the Corps for all
costs associated with the performance of the services; and
(2) a certification that includes adequate facts to
establish that the services requested are not reasonably and
quickly available through ordinary business channels.
(c) Corps Agreement To Perform Services.--The Secretary,
after receiving a request described in subsection (b) to
provide specialized or technical services, shall, before
entering into an agreement to perform the services--
(1) ensure that the requirements of subsection (b) are met
with regard to the request for services; and
(2) execute a certification that includes adequate facts to
establish that the Corps is uniquely equipped to perform such
services.
(d) Annual Report to Congress.--
(1) In general.--Not later than the end of each calendar
year, the Secretary shall provide to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate a report identifying any request
submitted by a Federal agency (other than a Department of
Defense agency), State, or local government of the United
States to the Corps to provide specialized or technical
services.
(2) Contents of report.--The report shall include, with
respect to each request described in paragraph (1)--
(A) a description of the scope of services requested;
(B) the certifications required under subsection (b) and
(c);
(C) the status of the request;
(D) the estimated and final cost of the services;
(E) the status of reimbursement;
(F) a description of the scope of services performed; and
(G) copies of all certifications in support of the request.
TITLE III--PROJECT-RELATED PROVISIONS
SEC. 301. BOYDSVILLE, ARKANSAS.
The Secretary shall credit toward the non-Federal share of
the costs of the study to determine the feasibility of the
reservoir and associated improvements in the vicinity of
Boydsville, Arkansas, authorized by section 402 of the Water
Resources Development Act of 1999 (113 Stat. 322), not more
than $250,000 of the costs of the relevant planning and
engineering investigations carried out by State and local
agencies, if the Secretary finds that the investigations are
integral to the scope of the feasibility study.
SEC. 302. WHITE RIVER BASIN, ARKANSAS AND MISSOURI.
Section 374 of the Water Resources Development Act of 1999
(113 Stat. 321) is amended--
(1) in subsection (a), by striking ``the following'' and
all that follows and inserting ``the amounts of project
storage that are recommended by the report required under
subsection (b).''; and
(2) in subsection (b)--
(A) in paragraph (1), by inserting before the period at the
end the following: ``and does not significantly impact other
authorized project purposes'';
(B) in paragraph (2), by striking ``2000'' and inserting
``2002''; and
(C) in paragraph (3)--
(i) by inserting ``and to what extent'' after ``whether'';
(ii) in subparagraph (A), by striking ``and'' at the end;
(iii) in subparagraph (B), by striking the period at the
end and inserting ``; and''; and
(iv) by adding at the end the following:
``(C) project storage should be reallocated to sustain the
tail water trout fisheries.''.
SEC. 303. GASPARILLA AND ESTERO ISLANDS, FLORIDA.
The project for shore protection, Gasparilla and Estero
Island segments, Lee County, Florida, authorized under
section 201 of the Flood Control Act of 1965 (79 Stat. 1073),
by Senate Resolution dated December 17, 1970, and by House
Resolution dated December 15, 1970, is modified to authorize
the Secretary to enter into an agreement with the non-Federal
interest to carry out the project in accordance with section
206 of the Water Resources Development Act of 1992 (33 U.S.C.
426i-1), if the Secretary determines that the project is
technically sound, environmentally acceptable, and
economically justified.
SEC. 304. FORT HALL INDIAN RESERVATION, IDAHO.
(a) In General.--The Secretary shall carry out planning,
engineering, and design of an adaptive ecosystem restoration,
flood damage reduction, and erosion protection project along
the upper Snake River within and adjacent to the Fort Hall
Indian Reservation, Idaho.
(b) Project Justification.--Notwithstanding any other
provision of law or requirement for economic justification,
the Secretary may construct and adaptively manage for 10
years a project under this section if the Secretary
determines that the project--
(1) is a cost-effective means of providing ecosystem
restoration, flood damage reduction, and erosion protection;
(2) is environmentally acceptable and technically feasible;
and
(3) will improve the economic and social conditions of the
Shoshone-Bannok Indian Tribe.
(c) Land, Easements, and Rights-of-Way.--As a condition of
the project described in subsection (a), the Shoshone-Bannock
Indian Tribe shall provide land, easements, and rights-of-way
necessary for implementation of the project.
SEC. 305. UPPER DES PLAINES RIVER AND TRIBUTARIES, ILLINOIS.
The Secretary shall credit toward the non-Federal share of
the costs of the study to determine the feasibility of
improvements to the upper Des Plaines River and tributaries,
phase 2, Illinois and Wisconsin, authorized by section 419 of
the Water Resources Development Act of 1999 (113 Stat. 324),
the costs of work carried out by the non-Federal interests in
Lake County, Illinois, before the date of execution of the
feasibility study cost-sharing agreement, if--
(1) the Secretary and the non-Federal interests enter into
a feasibility study cost-sharing agreement; and
(2) the Secretary finds that the work is integral to the
scope of the feasibility study.
SEC. 306. RED RIVER WATERWAY, LOUISIANA.
The project for mitigation of fish and wildlife losses, Red
River Waterway, Louisiana, authorized by section 601(a) of
the Water Resources Development Act of 1986 (100 Stat. 4142)
and modified by section 4(h) of the Water Resources
Development Act of 1988 (102 Stat. 4016), section 102(p) of
the Water Resources Development Act of 1990 (104 Stat. 4613),
and section 301(b)(7) of the Water Resources Development Act
of 1996 (110 Stat. 3710), is further modified to authorize
the purchase of mitigation land from willing sellers in any
of the parishes that comprise the Red River Waterway
District, consisting of Avoyelles, Bossier, Caddo, Grant,
Natchitoches, Rapides, and Red River Parishes.
SEC. 307. WILLIAM JENNINGS RANDOLPH LAKE, MARYLAND.
The Secretary--
(1) may provide design and construction assistance for
recreational facilities in the State of Maryland at the
William Jennings Randolph Lake (Bloomington Dam), Maryland
and West Virginia, project authorized by section 203 of the
Flood Control Act of 1962 (76 Stat. 1182); and
(2) shall require the non-Federal interest to provide 50
percent of the costs of designing and constructing the
recreational facilities.
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SEC. 308. MISSOURI RIVER VALLEY, MISSOURI.
(a) Short Title.--This section may be cited as the
``Missouri River Valley Improvement Act''.
(b) Findings and Purposes.--
(1) Findings.--Congress finds that--
(A) Lewis and Clark were pioneering naturalists that
recorded dozens of species previously unknown to science
while ascending the Missouri River in 1804;
(B) the Missouri River, which is 2,321 miles long, drains
\1/6\ of the United States, is home to approximately
10,000,000 people in 10 States and 28 Native American tribes,
and is a resource of incalculable value to the United States;
(C) the construction of dams, levees, and river training
structures in the past 150 years has aided navigation, flood
control, and water supply along the Missouri River, but has
reduced habitat for native river fish and wildlife;
(D) river organizations, including the Missouri River Basin
Association, support habitat restoration, riverfront
revitalization, and improved operational flexibility so long
as those efforts do not significantly interfere with uses of
the Missouri River; and
(E) restoring a string of natural places by the year 2004
would aid native river fish and wildlife, reduce flood
losses, enhance recreation and tourism, and celebrate the
bicentennial of Lewis and Clark's voyage.
(2) Purposes.--The purposes of this section are--
(A) to protect, restore, and enhance the fish, wildlife,
and plants, and the associated habitats on which they depend,
of the Missouri River;
(B) to restore a string of natural places that aid native
river fish and wildlife, reduce flood losses, and enhance
recreation and tourism;
(C) to revitalize historic riverfronts to improve quality
of life in riverside communities and attract recreation and
tourism;
(D) to monitor the health of the Missouri River and measure
biological, chemical, geological, and hydrological responses
to changes in Missouri River management;
(E) to allow the Corps of Engineers increased authority to
restore and protect fish and wildlife habitat on the Missouri
River;
(F) to protect and replenish cottonwoods, and their
associated riparian woodland communities, along the upper
Missouri River; and
(G) to educate the public about the economic,
environmental, and cultural importance of the Missouri River
and the scientific and cultural discoveries of Lewis and
Clark.
(c) Definition of Missouri River.--In this section, the
term ``Missouri River'' means the Missouri River and the
adjacent floodplain that extends from the mouth of the
Missouri River (RM 0) to the confluence of the Jefferson,
Madison, and Gallatin Rivers (RM 2341) in the State of
Montana.
(d) Authority To Protect, Enhance, and Restore Fish and
Wildlife Habitat.--Section 9(b) of the Act of December 22,
1944 (58 Stat. 891, chapter 665), is amended--
(1) by striking ``(b) The general'' and inserting the
following:
``(b) Comprehensive Plan.--
``(1) In general.--The general'';
(2) by striking ``paragraph'' and inserting ``subsection'';
and
(3) by adding at the end the following:
``(2) Fish and wildlife habitat.--In addition to carrying
out the duties under the comprehensive plan described in
paragraph (1), the Chief of Engineers shall protect, enhance,
and restore fish and wildlife habitat on the Missouri River
to the extent consistent with other authorized project
purposes.''.
(e) Integration of Activities.--
(1) In general.--In carrying out this section and in
accordance with paragraph (2), the Secretary shall provide
for such activities as are necessary to protect and enhance
fish and wildlife habitat without adversely affecting--
(A) the water-related needs of the Missouri River basin,
including flood control, navigation, hydropower, water
supply, and recreation; and
Amendments:
Cosponsors:
WATER RESOURCES DEVELOPMENT ACT OF 2000
Sponsor:
Summary:
All articles in Senate section
WATER RESOURCES DEVELOPMENT ACT OF 2000
(Senate - September 21, 2000)
Text of this article available as:
TXT
PDF
[Pages
S8885-S8933]
WATER RESOURCES DEVELOPMENT ACT OF 2000
The PRESIDING OFFICER. The clerk will report the bill by title.
The legislative clerk read as follows:
A bill (
S. 2796) to provide for the conservation and
development of water and resources, to authorize the
Secretary of the Army to construct various projects for
improvements to rivers and harbors of the United States, and
for other purposes.
The Senate proceeded to the bill which had been reported from the
Committee on Environment and Public Works, with an amendment; as
follows:
(Strike out all after the enacting clause and insert the
part printed in italic.)
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Water
Resources Development Act of 2000''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definition of Secretary.
TITLE I--WATER RESOURCES PROJECTS
Sec. 101. Project authorizations.
Sec. 102. Small shore protection projects.
Sec. 103. Small navigation projects.
Sec. 104. Removal of snags and clearing and straightening of channels
in navigable waters.
Sec. 105. Small bank stabilization projects.
Sec. 106. Small flood control projects.
Sec. 107. Small projects for improvement of the quality of the
environment.
Sec. 108. Beneficial uses of dredged material.
Sec. 109. Small aquatic ecosystem restoration projects.
Sec. 110. Flood mitigation and riverine restoration.
Sec. 111. Disposal of dredged material on beaches.
TITLE II--GENERAL PROVISIONS
Sec. 201. Cooperation agreements with counties.
Sec. 202. Watershed and river basin assessments.
Sec. 203. Tribal partnership program.
Sec. 204. Ability to pay.
Sec. 205. Property protection program.
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Sec. 206. National Recreation Reservation Service.
Sec. 207. Operation and maintenance of hydroelectric facilities.
Sec. 208. Interagency and international support.
Sec. 209. Reburial and conveyance authority.
Sec. 210. Approval of construction of dams and dikes.
Sec. 211. Project deauthorization authority.
Sec. 212. Floodplain management requirements.
Sec. 213. Environmental dredging.
Sec. 214. Regulatory analysis and management systems data.
Sec. 215. Performance of specialized or technical services.
TITLE III--PROJECT-RELATED PROVISIONS
Sec. 301. Boydsville, Arkansas.
Sec. 302. White River Basin, Arkansas and Missouri.
Sec. 303. Gasparilla and Estero Islands, Florida.
Sec. 304. Fort Hall Indian Reservation, Idaho.
Sec. 305. Upper Des Plaines River and tributaries, Illinois.
Sec. 306. Red River Waterway, Louisiana.
Sec. 307. William Jennings Randolph Lake, Maryland.
Sec. 308. Missouri River Valley, Missouri.
Sec. 309. New Madrid County, Missouri.
Sec. 310. Pemiscot County Harbor, Missouri.
Sec. 311. Pike County, Missouri.
Sec. 312. Fort Peck fish hatchery, Montana.
Sec. 313. Sagamore Creek, New Hampshire.
Sec. 314. Passaic River Basin flood management, New Jersey.
Sec. 315. Rockaway Inlet to Norton Point, New York.
Sec. 316. John Day Pool, Oregon and Washington.
Sec. 317. Fox Point hurricane barrier, Providence, Rhode Island.
Sec. 318. Houston-Galveston Navigation Channels, Texas.
Sec. 319. Joe Pool Lake, Trinity River Basin, Texas.
Sec. 320. Lake Champlain watershed, Vermont and New York.
Sec. 321. Mount St. Helens, Washington.
Sec. 322. Puget Sound and adjacent waters restoration, Washington.
Sec. 323. Fox River System, Wisconsin.
Sec. 324. Chesapeake Bay oyster restoration.
Sec. 325. Great Lakes dredging levels adjustment.
Sec. 326. Great Lakes fishery and ecosystem restoration.
Sec. 327. Great Lakes remedial action plans and sediment remediation.
Sec. 328. Great Lakes tributary model.
Sec. 329. Treatment of dredged material from Long Island Sound.
Sec. 330. New England water resources and ecosystem restoration.
Sec. 331. Project deauthorizations.
TITLE IV--STUDIES
Sec. 401. Baldwin County, Alabama.
Sec. 402. Bono, Arkansas.
Sec. 403. Cache Creek Basin, California.
Sec. 404. Estudillo Canal watershed, California.
Sec. 405. Laguna Creek watershed, California.
Sec. 406. Oceanside, California.
Sec. 407. San Jacinto watershed, California.
Sec. 408. Choctawhatchee River, Florida.
Sec. 409. Egmont Key, Florida.
Sec. 410. Upper Ocklawaha River and Apopka/Palatlakaha River basins,
Florida.
Sec. 411. Boise River, Idaho.
Sec. 412. Wood River, Idaho.
Sec. 413. Chicago, Illinois.
Sec. 414. Boeuf and Black, Louisiana.
Sec. 415. Port of Iberia, Louisiana.
Sec. 416. South Louisiana.
Sec. 417. St. John the Baptist Parish, Louisiana.
Sec. 418. Narraguagus River, Milbridge, Maine.
Sec. 419. Portsmouth Harbor and Piscataqua River, Maine and New
Hampshire.
Sec. 420. Merrimack River Basin, Massachusetts and New Hampshire.
Sec. 421. Port of Gulfport, Mississippi.
Sec. 422. Upland disposal sites in New Hampshire.
Sec. 423. Missouri River basin, North Dakota, South Dakota, and
Nebraska.
Sec. 424. Cuyahoga River, Ohio.
Sec. 425. Fremont, Ohio.
Sec. 426. Grand Lake, Oklahoma.
Sec. 427. Dredged material disposal site, Rhode Island.
Sec. 428. Chickamauga Lock and Dam, Tennessee.
Sec. 429. Germantown, Tennessee.
Sec. 430. Horn Lake Creek and Tributaries, Tennessee and Mississippi.
Sec. 431. Cedar Bayou, Texas.
Sec. 432. Houston Ship Channel, Texas.
Sec. 433. San Antonio Channel, Texas.
Sec. 434. White River watershed below Mud Mountain Dam, Washington.
Sec. 435. Willapa Bay, Washington.
Sec. 436. Upper Mississippi River basin sediment and nutrient study.
TITLE V--MISCELLANEOUS PROVISIONS
Sec. 501. Visitors centers.
Sec. 502. CALFED Bay-Delta Program assistance, California.
Sec. 503. Conveyance of lighthouse, Ontonagon, Michigan.
Sec. 504. Land conveyance, Candy Lake, Oklahoma.
TITLE VI--COMPREHENSIVE EVERGLADES RESTORATION PLAN
Sec. 601. Comprehensive Everglades Restoration Plan.
SEC. 2. DEFINITION OF SECRETARY.
In this Act, the term ``Secretary'' means the Secretary of
the Army.
TITLE I--WATER RESOURCES PROJECTS
SEC. 101. PROJECT AUTHORIZATIONS.
(a) Projects With Chief's Reports.--The following project
for water resources development and conservation and other
purposes is authorized to be carried out by the Secretary
substantially in accordance with the plans, and subject to
the conditions, described in the designated report: The
project for navigation, New York-New Jersey Harbor: Report of
the Chief of Engineers dated May 2, 2000, at a total cost of
$1,781,235,000, with an estimated Federal cost of
$738,631,000 and an estimated non-Federal cost of
$1,042,604,000.
(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, 2000:
(1) False pass harbor, alaska.--The project for navigation,
False Pass Harbor, Alaska, at a total cost of $15,000,000,
with an estimated Federal cost of $10,000,000 and an
estimated non-Federal cost of $5,000,000.
(2) Unalaska harbor, alaska.--The project for navigation,
Unalaska Harbor, Alaska, at a total cost of $20,000,000, with
an estimated Federal cost of $12,000,000 and an estimated
non-Federal cost of $8,000,000.
(3) Rio de flag, arizona.--The project for flood damage
reduction, Rio de Flag, Arizona, at a total cost of
$26,400,000, with an estimated Federal cost of $17,100,000
and an estimated non-Federal cost of $9,300,000.
(4) Tres rios, arizona.--The project for environmental
restoration, Tres Rios, Arizona, at a total cost of
$90,000,000, with an estimated Federal cost of $58,000,000
and an estimated non-Federal cost of $32,000,000.
(5) Los angeles harbor, california.--The project for
navigation, Los Angeles Harbor, California, at a total cost
of $168,900,000, with an estimated Federal cost of
$44,000,000 and an estimated non-Federal cost of
$124,900,000.
(6) Murrieta creek, california.--The project for flood
control, Murrieta Creek, California, at a total cost of
$43,100,000, with an estimated Federal cost of $27,800,000
and an estimated non-Federal cost of $15,300,000.
(7) Pine flat dam, california.--The project for fish and
wildlife restoration, Pine Flat Dam, California, at a total
cost of $34,000,000, with an estimated Federal cost of
$22,000,000 and an estimated non-Federal cost of $12,000,000.
(8) Ranchos palos verdes, california.--The project for
environmental restoration, Ranchos Palos Verdes, California,
at a total cost of $18,100,000, with an estimated Federal
cost of $11,800,000 and an estimated non-Federal cost of
$6,300,000.
(9) Santa barbara streams, california.--The project for
flood damage reduction, Santa Barbara Streams, Lower Mission
Creek, California, at a total cost of $17,100,000, with an
estimated Federal cost of $8,600,000 and an estimated non-
Federal cost of $8,500,000.
(10) Upper newport bay harbor, california.--The project for
environmental restoration, Upper Newport Bay Harbor,
California, at a total cost of $28,280,000, with an estimated
Federal cost of $18,390,000 and an estimated non-Federal cost
of $9,890,000.
(11) Whitewater river basin, california.--The project for
flood damage reduction, Whitewater River basin, California,
at a total cost of $26,000,000, with an estimated Federal
cost of $16,900,000 and an estimated non-Federal cost of
$9,100,000.
(12) Tampa harbor, florida.--Modification of the project
for navigation, Tampa Harbor, Florida, authorized by section
4 of the Act of September 22, 1922 (42 Stat. 1042, chapter
427), to deepen the Port Sutton Channel, at a total cost of
$7,245,000, with an estimated Federal cost of $4,709,000 and
an estimated non-Federal cost of $2,536,000.
(13) Barbers point harbor, oahu, hawaii.--The project for
navigation, Barbers Point Harbor, Oahu, Hawaii, at a total
cost of $51,000,000, with an estimated Federal cost of
$21,000,000 and an estimated non-Federal cost of $30,000,000.
(14) John t. myers lock and dam, indiana and kentucky.--The
project for navigation, John T. Myers Lock and Dam, Ohio
River, Indiana and Kentucky, at a total cost of $182,000,000.
The costs of construction of the project shall be paid \1/2\
from amounts appropriated from the general fund of the
Treasury and \1/2\ from amounts appropriated from the Inland
Waterways Trust Fund.
(15) Greenup lock and dam, kentucky.--The project for
navigation, Greenup Lock and Dam, Ohio River, Kentucky, at a
total cost of $183,000,000. The costs of construction of the
project shall be paid \1/2\ from amounts appropriated from
the general fund of the Treasury and \1/2\ from amounts
appropriated from the Inland Waterways Trust Fund.
(16) Morganza, louisiana, to gulf of mexico.--
(A) In general.--The project for hurricane protection,
Morganza, Louisiana, to the Gulf of Mexico, at a total cost
of $550,000,000, with an estimated Federal cost of
$358,000,000 and an estimated non-Federal cost of
$192,000,000.
(B) Credit.--The non-Federal interests shall receive credit
toward the non-Federal share of project costs for the costs
of any work carried out by the non-Federal interests for
interim flood protection after March 31, 1989, if the
Secretary finds that the work is compatible with, and
integral to, the project.
(17) Chesterfield, missouri.--The project to implement
structural and nonstructural measures to prevent flood damage
to Chesterfield, Missouri, and the surrounding area, at a
total
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cost of $63,000,000, with an estimated Federal cost of
$40,950,000 and an estimated non-Federal cost of $22,050,000.
(18) Barnegat inlet to little egg inlet, new jersey.--The
project for shore protection, Barnegat Inlet to Little Egg
Inlet, New Jersey, at a total cost of $51,203,000, with an
estimated Federal cost of $33,282,000 and an estimated non-
Federal cost of $17,921,000, and at an estimated average
annual cost of $1,751,000 for periodic nourishment over the
50-year life of the project, with an estimated annual Federal
cost of $1,138,000 and an estimated annual non-Federal cost
of $613,000.
(19) Raritan bay and sandy hook bay, cliffwood beach, new
jersey.--The project for shore protection, Raritan Bay and
Sandy Hook Bay, Cliffwood Beach, New Jersey, at a total cost
of $5,219,000, with an estimated Federal cost of $3,392,000
and an estimated non-Federal cost of $1,827,000, and at an
estimated average annual cost of $110,000 for periodic
nourishment over the 50-year life of the project, with an
estimated annual Federal cost of $55,000 and an estimated
annual non-Federal cost of $55,000.
(20) Raritan bay and sandy hook bay, port monmouth, new
jersey.--The project for shore protection, Raritan Bay and
Sandy Hook Bay, Port Monmouth, New Jersey, at a total cost of
$30,081,000, with an estimated Federal cost of $19,553,000
and an estimated non-Federal cost of $10,528,000, and at an
estimated average annual cost of $2,468,000 for periodic
nourishment over the 50-year life of the project, with an
estimated annual Federal cost of $1,234,000 and an estimated
annual non-Federal cost of $1,234,000.
(21) Memphis, tennessee.--The project for ecosystem
restoration, Wolf River, Memphis, Tennessee, at a total cost
of $10,933,000, with an estimated Federal cost of $7,106,000
and an estimated non-Federal cost of $3,827,000.
(22) Jackson hole, wyoming.--
(A) In general.--The project for environmental restoration,
Jackson Hole, Wyoming, at a total cost of $66,500,000, with
an estimated Federal cost of $43,225,000 and an estimated
non-Federal cost of $23,275,000.
(B) Non-federal share.--
(i) In general.--The non-Federal share of the costs of the
project may be provided in cash or in the form of in-kind
services or materials.
(ii) Credit.--The non-Federal interest shall receive credit
toward the non-Federal share of project costs for design and
construction work carried out by the non-Federal interest
before the date of execution of a project cooperation
agreement for the project, if the Secretary finds that the
work is integral to the project.
(23) Ohio river.--
(A) In general.--The program for protection and restoration
of fish and wildlife habitat in and along the main stem of
the Ohio River, consisting of projects described in a
comprehensive plan, at a total cost of $200,000,000, with an
estimated Federal cost of $130,000,000 and an estimated non-
Federal cost of $70,000,000.
(B) Non-federal share.--
(i) In general.--The non-Federal share of the costs of any
project under the program may be provided in cash or in the
form of in-kind services or materials.
(ii) Credit.--The non-Federal interest shall receive credit
toward the non-Federal share of project costs for design and
construction work carried out by the non-Federal interest
before the date of execution of a project cooperation
agreement for the project, if the Secretary finds that the
work is integral to the project.
SEC. 102. SMALL SHORE PROTECTION 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
3 of the Act of August 13, 1946 (33 U.S.C. 426g):
(1) Lake palourde, louisiana.--Project for beach
restoration and protection, Highway 70, Lake Palourde, St.
Mary and St. Martin Parishes, Louisiana.
(2) St. bernard, louisiana.--Project for beach restoration
and protection, Bayou Road, St. Bernard, Louisiana.
SEC. 103. 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):
(1) Houma navigation canal, louisiana.--Project for
navigation, Houma Navigation Canal, Terrebonne Parish,
Louisiana.
(2) Vidalia port, louisiana.--Project for navigation,
Vidalia Port, Louisiana.
SEC. 104. REMOVAL OF SNAGS AND CLEARING AND STRAIGHTENING OF
CHANNELS IN NAVIGABLE WATERS.
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 3 of the Act of March 2, 1945 (33 U.S.C. 604):
(1) Bayou manchac, louisiana.--Project for removal of snags
and clearing and straightening of channels for flood control,
Bayou Manchac, Ascension Parish, Louisiana.
(2) Black bayou and hippolyte coulee, louisiana.--Project
for removal of snags and clearing and straightening of
channels for flood control, Black Bayou and Hippolyte Coulee,
Calcasieu Parish, Louisiana.
SEC. 105. SMALL BANK STABILIZATION 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
14 of the Flood Control Act of 1946 (33 U.S.C. 701r):
(1) Bayou des glaises, louisiana.--Project for emergency
streambank protection, Bayou des Glaises (Lee Chatelain
Road), Avoyelles Parish, Louisiana.
(2) Bayou plaquemine, louisiana.--Project for emergency
streambank protection, Highway 77, Bayou Plaquemine,
Iberville Parish, Louisiana.
(3) Hammond, louisiana.--Project for emergency streambank
protection, Fagan Drive Bridge, Hammond, Louisiana.
(4) Iberville parish, louisiana.--Project for emergency
streambank protection, Iberville Parish, Louisiana.
(5) Lake arthur, louisiana.--Project for emergency
streambank protection, Parish Road 120 at Lake Arthur,
Louisiana.
(6) Lake charles, louisiana.--Project for emergency
streambank protection, Pithon Coulee, Lake Charles, Calcasieu
Parish, Louisiana.
(7) Loggy bayou, louisiana.--Project for emergency
streambank protection, Loggy Bayou, Bienville Parish,
Louisiana.
(8) Scotlandville bluff, louisiana.--Project for emergency
streambank protection, Scotlandville Bluff, East Baton Rouge
Parish, Louisiana.
SEC. 106. SMALL FLOOD CONTROL 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
205 of the Flood Control Act of 1948 (33 U.S.C. 701s):
(1) Weiser river, idaho.--Project for flood damage
reduction, Weiser River, Idaho.
(2) Bayou tete l'ours, louisiana.--Project for flood
control, Bayou Tete L'Ours, Louisiana.
(3) Bossier city, louisiana.--Project for flood control,
Red Chute Bayou levee, Bossier City, Louisiana.
(4) Braithwaite park, louisiana.--Project for flood
control, Braithwaite Park, Louisiana.
(5) Cane bend subdivision, louisiana.--Project for flood
control, Cane Bend Subdivision, Bossier Parish, Louisiana.
(6) Crown point, louisiana.--Project for flood control,
Crown Point, Louisiana.
(7) Donaldsonville canals, louisiana.--Project for flood
control, Donaldsonville Canals, Louisiana.
(8) Goose bayou, louisiana.--Project for flood control,
Goose Bayou, Louisiana.
(9) Gumby dam, louisiana.--Project for flood control, Gumby
Dam, Richland Parish, Louisiana.
(10) Hope canal, louisiana.--Project for flood control,
Hope Canal, Louisiana.
(11) Jean lafitte, louisiana.--Project for flood control,
Jean Lafitte, Louisiana.
(12) Lockport to larose, louisiana.--Project for flood
control, Lockport to Larose, Louisiana.
(13) Lower lafitte basin, louisiana.--Project for flood
control, Lower Lafitte Basin, Louisiana.
(14) Oakville to lareussite, louisiana.--Project for flood
control, Oakville to LaReussite, Louisiana.
(15) Pailet basin, louisiana.--Project for flood control,
Pailet Basin, Louisiana.
(16) Pochitolawa creek, louisiana.--Project for flood
control, Pochitolawa Creek, Louisiana.
(17) Rosethorn basin, louisiana.--Project for flood
control, Rosethorn Basin, Louisiana.
(18) Shreveport, louisiana.--Project for flood control,
Twelve Mile Bayou, Shreveport, Louisiana.
(19) Stephensville, louisiana.--Project for flood control,
Stephensville, Louisiana.
(20) St. john the baptist parish, louisiana.--Project for
flood control, St. John the Baptist Parish, Louisiana.
(21) Magby creek and vernon branch, mississippi.--Project
for flood control, Magby Creek and Vernon Branch, Lowndes
County, Mississippi.
(22) Fritz landing, tennessee.--Project for flood control,
Fritz Landing, Tennessee.
SEC. 107. SMALL PROJECTS FOR IMPROVEMENT OF THE QUALITY OF
THE ENVIRONMENT.
The Secretary shall conduct a study for each of the
following projects and, if the Secretary determines that a
project is appropriate, may carry out the project under
section 1135(a) of the Water Resources Development Act of
1986 (33 U.S.C. 2309a(a)):
(1) Bayou sauvage national wildlife refuge, louisiana.--
Project for improvement of the quality of the environment,
Bayou Sauvage National Wildlife Refuge, Orleans Parish,
Louisiana.
(2) Gulf intracoastal waterway, bayou plaquemine,
louisiana.--Project for improvement of the quality of the
environment, Gulf Intracoastal Waterway, Bayou Plaquemine,
Iberville Parish, Louisiana.
(3) Gulf intracoastal waterway, miles 220 to 222.5,
louisiana.--Project for improvement of the quality of the
environment, Gulf Intracoastal Waterway, miles 220 to 222.5,
Vermilion Parish, Louisiana.
(4) Gulf intracoastal waterway, weeks bay, louisiana.--
Project for improvement of the quality of the environment,
Gulf Intracoastal Waterway, Weeks Bay, Iberia Parish,
Louisiana.
(5) Lake fausse point, louisiana.--Project for improvement
of the quality of the environment, Lake Fausse Point,
Louisiana.
(6) Lake providence, louisiana.--Project for improvement of
the quality of the environment, Old River, Lake Providence,
Louisiana.
(7) New river, louisiana.--Project for improvement of the
quality of the environment, New River, Ascension Parish,
Louisiana.
(8) Erie county, ohio.--Project for improvement of the
quality of the environment, Sheldon's Marsh State Nature
Preserve, Erie County, Ohio.
(9) Mushingum county, ohio.--Project for improvement of the
quality of the environment, Dillon Reservoir watershed,
Licking River, Mushingum County, Ohio.
SEC. 108. BENEFICIAL USES OF DREDGED MATERIAL.
The Secretary may carry out the following projects under
section 204 of the Water Resources Development Act of 1992
(33 U.S.C. 2326):
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(1) Houma navigation canal, louisiana.--Project to make
beneficial use of dredged material from a Federal navigation
project that includes barrier island restoration at the Houma
Navigation Canal, Terrebonne Parish, Louisiana.
(2) Mississippi river gulf outlet, mile -3 to mile -9,
louisiana.--Project to make beneficial use of dredged
material from a Federal navigation project that includes
dredging of the Mississippi River Gulf Outlet, mile -3 to
mile -9, St. Bernard Parish, Louisiana.
(3) Mississippi river gulf outlet, mile 11 to mile 4,
louisiana.--Project to make beneficial use of dredged
material from a Federal navigation project that includes
dredging of the Mississippi River Gulf Outlet, mile 11 to
mile 4, St. Bernard Parish, Louisiana.
(4) Plaquemines parish, louisiana.--Project to make
beneficial use of dredged material from a Federal navigation
project that includes marsh creation at the contained
submarine maintenance dredge sediment trap, Plaquemines
Parish, Louisiana.
(5) Ottawa county, ohio.--Project to protect, restore, and
create aquatic and related habitat using dredged material,
East Harbor State Park, Ottawa County, Ohio.
SEC. 109. SMALL AQUATIC ECOSYSTEM RESTORATION PROJECTS.
The Secretary may carry out the following projects under
section 206 of the Water Resources Development Act of 1996
(33 U.S.C. 2330):
(1) Braud bayou, louisiana.--Project for aquatic ecosystem
restoration, Braud Bayou, Spanish Lake, Ascension Parish,
Louisiana.
(2) Buras marina, louisiana.--Project for aquatic ecosystem
restoration, Buras Marina, Buras, Plaquemines Parish,
Louisiana.
(3) Comite river, louisiana.--Project for aquatic ecosystem
restoration, Comite River at Hooper Road, Louisiana.
(4) Department of energy 21-inch pipeline canal,
louisiana.--Project for aquatic ecosystem restoration,
Department of Energy 21-inch Pipeline Canal, St. Martin
Parish, Louisiana.
(5) Lake borgne, louisiana.--Project for aquatic ecosystem
restoration, southern shores of Lake Borgne, Louisiana.
(6) Lake martin, louisiana.--Project for aquatic ecosystem
restoration, Lake Martin, Louisiana.
(7) Luling, louisiana.--Project for aquatic ecosystem
restoration, Luling Oxidation Pond, St. Charles Parish,
Louisiana.
(8) Mandeville, louisiana.--Project for aquatic ecosystem
restoration, Mandeville, St. Tammany Parish, Louisiana.
(9) St. james, louisiana.--Project for aquatic ecosystem
restoration, St. James, Louisiana.
(10) Mines falls park, new hampshire.--Project for aquatic
ecosystem restoration, Mines Falls Park, New Hampshire.
(11) North hampton, new hampshire.--Project for aquatic
ecosystem restoration, Little River Salt Marsh, North
Hampton, New Hampshire.
(12) Highland county, ohio.--Project for aquatic ecosystem
restoration, Rocky Fork Lake, Clear Creek floodplain,
Highland County, Ohio.
(13) Hocking county, ohio.--Project for aquatic ecosystem
restoration, Long Hollow Mine, Hocking County, Ohio.
(14) Tuscarawas county, ohio.--Project for aquatic
ecosystem restoration, Huff Run, Tuscarawas County, Ohio.
(15) Central amazon creek, oregon.--Project for aquatic
ecosystem restoration, Central Amazon Creek, Oregon.
(16) Delta ponds, oregon.--Project for aquatic ecosystem
restoration, Delta Ponds, Oregon.
(17) Eugene millrace, oregon.--Project for aquatic
ecosystem restoration, Eugene Millrace, Oregon.
(18) Medford, oregon.--Project for aquatic ecosystem
restoration, Bear Creek watershed, Medford, Oregon.
(19) Roslyn lake, oregon.--Project for aquatic ecosystem
restoration, Roslyn Lake, Oregon.
SEC. 110. FLOOD MITIGATION AND RIVERINE RESTORATION.
Section 212(e) of the Water Resources Development Act of
1999 (33 U.S.C. 2332(e)) is amended--
(1) in paragraph (22), by striking ``and'' at the end;
(2) in paragraph (23), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(24) Perry Creek, Iowa.''.
SEC. 111. DISPOSAL OF DREDGED MATERIAL ON BEACHES.
Section 217 of the Water Resources Development Act of 1999
(113 Stat. 294) is amended by adding at the end the
following:
``(f) Fort Canby State Park, Benson Beach, Washington.--The
Secretary may design and construct a shore protection project
at Fort Canby State Park, Benson Beach, Washington, including
beneficial use of dredged material from Federal navigation
projects as provided under section 145 of the Water Resources
Development Act of 1976 (33 U.S.C. 426j).''.
TITLE II--GENERAL PROVISIONS
SEC. 201. COOPERATION AGREEMENTS WITH COUNTIES.
Section 221(a) of the Flood Control Act of 1970 (42 U.S.C.
1962d-5b(a)) is amended in the second sentence--
(1) by striking ``State legislative''; and
(2) by inserting before the period at the end the
following: ``of the State or a body politic of the State''.
SEC. 202. WATERSHED AND RIVER BASIN ASSESSMENTS.
Section 729 of the Water Resources Development Act of 1986
(100 Stat. 4164) is amended to read as follows:
``SEC. 729. WATERSHED AND RIVER BASIN ASSESSMENTS.
``(a) In General.--The Secretary may assess the water
resources needs of river basins and watersheds of the United
States, including needs relating to--
``(1) ecosystem protection and restoration;
``(2) flood damage reduction;
``(3) navigation and ports;
``(4) watershed protection;
``(5) water supply; and
``(6) drought preparedness.
``(b) Cooperation.--An assessment under subsection (a)
shall be carried out in cooperation and coordination with--
``(1) the Secretary of the Interior;
``(2) the Secretary of Agriculture;
``(3) the Secretary of Commerce;
``(4) the Administrator of the Environmental Protection
Agency; and
``(5) the heads of other appropriate agencies.
``(c) Consultation.--In carrying out an assessment under
subsection (a), the Secretary shall consult with Federal,
tribal, State, interstate, and local governmental entities.
``(d) Priority River Basins and Watersheds.--In selecting
river basins and watersheds for assessment under this
section, the Secretary shall give priority to--
``(1) the Delaware River basin; and
``(2) the Willamette River basin, Oregon.
``(e) Acceptance of Contributions.--In carrying out an
assessment under subsection (a), the Secretary may accept
contributions, in cash or in kind, from Federal, tribal,
State, interstate, and local governmental entities to the
extent that the Secretary determines that the contributions
will facilitate completion of the assessment.
``(f) Cost-Sharing Requirements.--
``(1) Non-federal share.--The non-Federal share of the
costs of an assessment carried out under this section shall
be 50 percent.
``(2) Credit.--
``(A) In general.--Subject to subparagraph (B), the non-
Federal interests may receive credit toward the non-Federal
share required under paragraph (1) for the provision of
services, materials, supplies, or other in-kind
contributions.
``(B) Maximum amount of credit.--Credit under subparagraph
(A) shall not exceed an amount equal to 25 percent of the
costs of the assessment.
``(g) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $15,000,000.''.
SEC. 203. TRIBAL PARTNERSHIP PROGRAM.
(a) Definition of Indian Tribe.--In this section, the term
``Indian tribe'' has the meaning given the term in section 4
of the Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450b).
(b) Program.--
(1) In general.--In cooperation with Indian tribes and the
heads of other Federal agencies, the Secretary may study and
determine the feasibility of carrying out water resources
development projects that--
(A) will substantially benefit Indian tribes; and
(B) are located primarily within Indian country (as defined
in section 1151 of title 18, United States Code) or in
proximity to Alaska Native villages.
(2) Matters to be studied.--A study conducted under
paragraph (1) may address--
(A) projects for flood damage reduction, environmental
restoration and protection, and preservation of cultural and
natural resources; and
(B) such other projects as the Secretary, in cooperation
with Indian tribes and the heads of other Federal agencies,
determines to be appropriate.
(c) Consultation and Coordination With Secretary of the
Interior.--
(1) In general.--In recognition of the unique role of the
Secretary of the Interior concerning trust responsibilities
with Indian tribes, and in recognition of mutual trust
responsibilities, the Secretary shall consult with the
Secretary of the Interior concerning studies conducted under
subsection (b).
(2) Integration of activities.--The Secretary shall--
(A) integrate civil works activities of the Department of
the Army with activities of the Department of the Interior to
avoid conflicts, duplications of effort, or unanticipated
adverse effects on Indian tribes; and
(B) consider the authorities and programs of the Department
of the Interior and other Federal agencies in any
recommendations concerning carrying out projects studied
under subsection (b).
(d) Priority Projects.--In selecting water resources
development projects for study under this section, the
Secretary shall give priority to--
(1) the project along the upper Snake River within and
adjacent to the Fort Hall Indian Reservation, Idaho,
authorized by section 304; and
(2) the project for the Tribal Reservation of the
Shoalwater Bay Indian Tribe on Willapa Bay, Washington,
authorized by section 435(b).
(e) Cost Sharing.--
(1) Ability to pay.--
(A) In general.--Any cost-sharing agreement for a study
under subsection (b) shall be subject to the ability of the
non-Federal interest to pay.
(B) Use of procedures.--The ability of a non-Federal
interest to pay shall be determined by the Secretary in
accordance with procedures established by the Secretary.
(2) Credit.--
(A) In general.--Subject to subparagraph (B), in conducting
studies of projects under subsection (b), the Secretary may
provide credit to the non-Federal interest for the provision
of services, studies, supplies, or other in-kind
contributions to the extent that the Secretary determines
that the services, studies, supplies, and
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other in-kind contributions will facilitate completion of the
project.
(B) Maximum amount of credit.--Credit under subparagraph
(A) shall not exceed an amount equal to the non-Federal share
of the costs of the study.
(f) Authorization of Appropriations.--There is authorized
to be appropriated to carry out subsection (b) $5,000,000 for
each of fiscal years 2002 through 2006, of which not more
than $1,000,000 may be used with respect to any 1 Indian
tribe.
SEC. 204. ABILITY TO PAY.
Section 103(m) of the Water Resources Development Act of
1986 (33 U.S.C. 2213(m)) is amended--
(1) by striking paragraphs (1) and (2) and inserting the
following:
``(1) In general.--Any cost-sharing agreement under this
section for a feasibility study, or for construction of an
environmental protection and restoration project, a flood
control project, a project for navigation, storm damage
protection, shoreline erosion, hurricane protection, or
recreation, or an agricultural water supply project, shall be
subject to the ability of the non-Federal interest to pay.
``(2) Criteria and procedures.--
``(A) In general.--The ability of a non-Federal interest to
pay shall be determined by the Secretary in accordance with--
``(i) during the period ending on the date on which revised
criteria and procedures are promulgated under subparagraph
(B), criteria and procedures in effect on the day before the
date of enactment of this subparagraph; and
``(ii) after the date on which revised criteria and
procedures are promulgated under subparagraph (B), the
revised criteria and procedures promulgated under
subparagraph (B).
``(B) Revised criteria and procedures.--Not later than 18
months after the date of enactment of this subparagraph, in
accordance with paragraph (3), the Secretary shall promulgate
revised criteria and procedures governing the ability of a
non-Federal interest to pay.''; and
(2) in paragraph (3)--
(A) in subparagraph (A)(ii), by adding ``and'' at the end;
and
(B) by striking subparagraphs (B) and (C) and inserting the
following:
``(B) may consider additional criteria relating to--
``(i) the financial ability of the non-Federal interest to
carry out its cost-sharing responsibilities; or
``(ii) additional assistance that may be available from
other Federal or State sources.''.
SEC. 205. PROPERTY PROTECTION PROGRAM.
(a) In General.--The Secretary may carry out a program to
reduce vandalism and destruction of property at water
resources development projects under the jurisdiction of the
Department of the Army.
(b) Provision of Rewards.--In carrying out the program, the
Secretary may provide rewards (including cash rewards) to
individuals who provide information or evidence leading to
the arrest and prosecution of individuals causing damage to
Federal property.
(c) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $500,000 for
each fiscal year.
SEC. 206. NATIONAL RECREATION RESERVATION SERVICE.
Notwithstanding section 611 of the Treasury and General
Government Appropriations Act, 1999 (Public Law 105-277; 112
Stat. 2681-515), the Secretary may--
(1) participate in the National Recreation Reservation
Service on an interagency basis; and
(2) pay the Department of the Army's share of the
activities required to implement, operate, and maintain the
Service.
SEC. 207. OPERATION AND MAINTENANCE OF HYDROELECTRIC
FACILITIES.
Section 314 of the Water Resources Development Act of 1990
(33 U.S.C. 2321) is amended in the first sentence by
inserting before the period at the end the following: ``in
cases in which the activities require specialized training
relating to hydroelectric power generation''.
SEC. 208. INTERAGENCY AND INTERNATIONAL SUPPORT.
Section 234(d) of the Water Resources Development Act of
1996 (33 U.S.C. 2323a(d)) is amended--
(1) in the first sentence, by striking ``$1,000,000'' and
inserting ``$2,000,000''; and
(2) in the second sentence, by inserting ``out'' after
``carry''.
SEC. 209. REBURIAL AND CONVEYANCE AUTHORITY.
(a) Definition of Indian Tribe.--In this section, the term
``Indian tribe'' has the meaning given the term in section 4
of the Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450b).
(b) Reburial.--
(1) Reburial areas.--In consultation with affected Indian
tribes, the Secretary may identify and set aside areas at
civil works projects of the Department of the Army that may
be used to rebury Native American remains that--
(A) have been discovered on project land; and
(B) have been rightfully claimed by a lineal descendant or
Indian tribe in accordance with applicable Federal law.
(2) Reburial.--In consultation with and with the consent of
the lineal descendant or the affected Indian tribe, the
Secretary may recover and rebury, at full Federal expense,
the remains at the areas identified and set aside under
subsection (b)(1).
(c) Conveyance Authority.--
(1) In general.--Subject to paragraph (2), notwithstanding
any other provision of law, the Secretary may convey to an
Indian tribe for use as a cemetery an area at a civil works
project that is identified and set aside by the Secretary
under subsection (b)(1).
(2) Retention of necessary property interests.--In carrying
out paragraph (1), the Secretary shall retain any necessary
right-of-way, easement, or other property interest that the
Secretary determines to be necessary to carry out the
authorized purposes of the project.
SEC. 210. APPROVAL OF CONSTRUCTION OF DAMS AND DIKES.
Section 9 of the Act of March 3, 1899 (33 U.S.C. 401), is
amended--
(1) by inserting ``(a) In General.--'' before ``It shall'';
(2) by striking ``However, such structures'' and inserting
the following:
``(b) Waterways Within a Single State.--Notwithstanding
subsection (a), structures described in subsection (a)'';
(3) by striking ``When plans'' and inserting the following:
``(c) Modification of Plans.--When plans'';
(4) by striking ``The approval'' and inserting the
following:
``(d) Applicability.--
``(1) Bridges and causeways.--The approval''; and
(5) in subsection (d) (as designated by paragraph (4)), by
adding at the end the following:
``(2) Dams and dikes.--
``(A) In general.--The approval required by this section of
the location and plans, or any modification of plans, of any
dam or dike, applies only to a dam or dike that, if
constructed, would completely span a waterway used to
transport interstate or foreign commerce, in such a manner
that actual, existing interstate or foreign commerce could be
adversely affected.
``(B) Other dams and dikes.--Any dam or dike (other than a
dam or dike described in subparagraph (A)) that is proposed
to be built in any other navigable water of the United
States--
``(i) shall be subject to section 10; and
``(ii) shall not be subject to the approval requirements of
this section.''.
SEC. 211. PROJECT DEAUTHORIZATION AUTHORITY.
Section 1001 of the Water Resources Development Act of 1986
(33 U.S.C. 579a) is amended to read as follows:
``SEC. 1001. PROJECT DEAUTHORIZATIONS.
``(a) Definitions.--In this section:
``(1) Construction.--The term `construction', with respect
to a project or separable element, means--
``(A) in the case of--
``(i) a nonstructural flood control project, the
acquisition of land, an easement, or a right-of-way primarily
to relocate a structure; and
``(ii) in the case of any other nonstructural measure, the
performance of physical work under a construction contract;
``(B) in the case of an environmental protection and
restoration project--
``(i) the acquisition of land, an easement, or a right-of-
way primarily to facilitate the restoration of wetland or a
similar habitat; or
``(ii) the performance of physical work under a
construction contract to modify an existing project facility
or to construct a new environmental protection and
restoration measure; and
``(C) in the case of any other water resources project, the
performance of physical work under a construction contract.
``(2) Physical work under a construction contract.--The
term `physical work under a construction contract' does not
include any activity related to project planning, engineering
and design, relocation, or the acquisition of land, an
easement, or a right-of-way.
``(b) Projects Never Under Construction.--
``(1) List of projects.--The Secretary shall annually
submit to Congress a list of projects and separable elements
of projects that--
``(A) are authorized for construction; and
``(B) for which no Federal funds were obligated for
construction during the 4 full fiscal years preceding the
date of submission of the list.
``(2) Deauthorization.--Any water resources project, or
separable element of a water resources project, authorized
for construction shall be deauthorized effective at the end
of the 7-year period beginning on the date of the most recent
authorization or reauthorization of the project or separable
element unless Federal funds have been obligated for
construction of the project or separable element by the end
of that period.
``(c) Projects for Which Construction Has Been Suspended.--
``(1) List of projects.--The Secretary shall annually
submit to Congress a list of projects and separable elements
of projects--
``(A) that are authorized for construction;
``(B) for which Federal funds have been obligated for
construction of the project or separable element; and
``(C) for which no Federal funds have been obligated for
construction of the project or separable element during the 2
full fiscal years preceding the date of submission of the
list.
``(2) Deauthorization.--Any water resources project, or
separable element of a water resources project, for which
Federal funds have been obligated for construction shall be
deauthorized effective at the end of any 5-fiscal year period
during which Federal funds specifically identified for
construction of the project or separable element (in an Act
of Congress or in the accompanying legislative report
language) have not been obligated for construction.
``(d) Congressional Notifications.--Upon submission of the
lists under subsections (b)(1) and (c)(1), the Secretary
shall notify each Senator in whose State, and each Member of
the House of Representatives in whose district, the affected
project or separable element is or would be located.
``(e) Final Deauthorization List.--The Secretary shall
publish annually in the Federal Register a list of all
projects and separable elements deauthorized under subsection
(b)(2) or (c)(2).
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``(f) Effective Date.--Subsections (b)(2) and (c)(2) take
effect 3 years after the date of enactment of this
subsection.''.
SEC. 212. FLOODPLAIN MANAGEMENT REQUIREMENTS.
(a) In General.--Section 402(c) of the Water Resources
Development Act of 1986 (33 U.S.C. 701b-12(c)) is amended--
(1) in the first sentence of paragraph (1), by striking
``Within 6 months after the date of the enactment of this
subsection, the'' and inserting ``The'';
(2) by redesignating paragraph (2) as paragraph (3);
(3) by striking ``Such guidelines shall address'' and
inserting the following:
``(2) Required elements.--The guidelines developed under
paragraph (1) shall--
``(A) address''; and
(4) in paragraph (2) (as designated by paragraph (3))--
(A) by inserting ``that non-Federal interests shall adopt
and enforce'' after ``policies'';
(B) by striking the period at the end and inserting ``;
and''; and
(C) by adding at the end the following:
``(B) require non-Federal interests to take measures to
preserve the level of flood protection provided by a project
to which subsection (a) applies.''.
(b) Applicability.--The amendments made by subsection (a)
shall apply to any project or separable element of a project
with respect to which the Secretary and the non-Federal
interest have not entered a project cooperation agreement on
or before the date of enactment of this Act.
(c) Technical Amendments.--Section 402(b) of the Water
Resources Development Act of 1986 (33 U.S.C. 701b-12(b)) is
amended--
(1) in the subsection heading, by striking ``Flood Plain''
and inserting ``Floodplain''; and
(2) in the first sentence, by striking ``flood plain'' and
inserting ``floodplain''.
SEC. 213. ENVIRONMENTAL DREDGING.
Section 312 of the Water Resources Development Act of 1990
(33 U.S.C. 1272) is amended by adding at the end the
following:
``(g) Nonprofit Entities.--Notwithstanding section 221 of
the Flood Control Act of 1970 (42 U.S.C. 1962d-5b), for any
project carried out under this section, a non-Federal sponsor
may include a nonprofit entity, with the consent of the
affected local government.''.
SEC. 214. REGULATORY ANALYSIS AND MANAGEMENT SYSTEMS DATA.
(a) In General.--Beginning October 1, 2000, the Secretary,
acting through the Chief of Engineers, shall publish, on the
Army Corps of Engineers' Regulatory Program website,
quarterly reports that include all Regulatory Analysis and
Management Systems (RAMS) data.
(b) Data.--Such RAMS data shall include--
(1) the date on which an individual or nationwide permit
application under section 404 of the Federal Water Pollution
Control Act (33 U.S.C. 1344) is first received by the Corps;
(2) the date on which the application is considered
complete;
(3) the date on which the Corps either grants (with or
without conditions) or denies the permit; and
(4) if the application is not considered complete when
first received by the Corps, a description of the reason the
application was not considered complete.
SEC. 215. PERFORMANCE OF SPECIALIZED OR TECHNICAL SERVICES.
(a) Definition of State.--In this section, the term
``State'' has the meaning given the term in section 6501 of
title 31, United States Code.
(b) Authority.--The Corps of Engineers may provide
specialized or technical services to a Federal agency (other
than a Department of Defense agency), State, or local
government of the United States under section 6505 of title
31, United States Code, only if the chief executive of the
requesting entity submits to the Secretary--
(1) a written request describing the scope of the services
to be performed and agreeing to reimburse the Corps for all
costs associated with the performance of the services; and
(2) a certification that includes adequate facts to
establish that the services requested are not reasonably and
quickly available through ordinary business channels.
(c) Corps Agreement To Perform Services.--The Secretary,
after receiving a request described in subsection (b) to
provide specialized or technical services, shall, before
entering into an agreement to perform the services--
(1) ensure that the requirements of subsection (b) are met
with regard to the request for services; and
(2) execute a certification that includes adequate facts to
establish that the Corps is uniquely equipped to perform such
services.
(d) Annual Report to Congress.--
(1) In general.--Not later than the end of each calendar
year, the Secretary shall provide to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate a report identifying any request
submitted by a Federal agency (other than a Department of
Defense agency), State, or local government of the United
States to the Corps to provide specialized or technical
services.
(2) Contents of report.--The report shall include, with
respect to each request described in paragraph (1)--
(A) a description of the scope of services requested;
(B) the certifications required under subsection (b) and
(c);
(C) the status of the request;
(D) the estimated and final cost of the services;
(E) the status of reimbursement;
(F) a description of the scope of services performed; and
(G) copies of all certifications in support of the request.
TITLE III--PROJECT-RELATED PROVISIONS
SEC. 301. BOYDSVILLE, ARKANSAS.
The Secretary shall credit toward the non-Federal share of
the costs of the study to determine the feasibility of the
reservoir and associated improvements in the vicinity of
Boydsville, Arkansas, authorized by section 402 of the Water
Resources Development Act of 1999 (113 Stat. 322), not more
than $250,000 of the costs of the relevant planning and
engineering investigations carried out by State and local
agencies, if the Secretary finds that the investigations are
integral to the scope of the feasibility study.
SEC. 302. WHITE RIVER BASIN, ARKANSAS AND MISSOURI.
Section 374 of the Water Resources Development Act of 1999
(113 Stat. 321) is amended--
(1) in subsection (a), by striking ``the following'' and
all that follows and inserting ``the amounts of project
storage that are recommended by the report required under
subsection (b).''; and
(2) in subsection (b)--
(A) in paragraph (1), by inserting before the period at the
end the following: ``and does not significantly impact other
authorized project purposes'';
(B) in paragraph (2), by striking ``2000'' and inserting
``2002''; and
(C) in paragraph (3)--
(i) by inserting ``and to what extent'' after ``whether'';
(ii) in subparagraph (A), by striking ``and'' at the end;
(iii) in subparagraph (B), by striking the period at the
end and inserting ``; and''; and
(iv) by adding at the end the following:
``(C) project storage should be reallocated to sustain the
tail water trout fisheries.''.
SEC. 303. GASPARILLA AND ESTERO ISLANDS, FLORIDA.
The project for shore protection, Gasparilla and Estero
Island segments, Lee County, Florida, authorized under
section 201 of the Flood Control Act of 1965 (79 Stat. 1073),
by Senate Resolution dated December 17, 1970, and by House
Resolution dated December 15, 1970, is modified to authorize
the Secretary to enter into an agreement with the non-Federal
interest to carry out the project in accordance with section
206 of the Water Resources Development Act of 1992 (33 U.S.C.
426i-1), if the Secretary determines that the project is
technically sound, environmentally acceptable, and
economically justified.
SEC. 304. FORT HALL INDIAN RESERVATION, IDAHO.
(a) In General.--The Secretary shall carry out planning,
engineering, and design of an adaptive ecosystem restoration,
flood damage reduction, and erosion protection project along
the upper Snake River within and adjacent to the Fort Hall
Indian Reservation, Idaho.
(b) Project Justification.--Notwithstanding any other
provision of law or requirement for economic justification,
the Secretary may construct and adaptively manage for 10
years a project under this section if the Secretary
determines that the project--
(1) is a cost-effective means of providing ecosystem
restoration, flood damage reduction, and erosion protection;
(2) is environmentally acceptable and technically feasible;
and
(3) will improve the economic and social conditions of the
Shoshone-Bannok Indian Tribe.
(c) Land, Easements, and Rights-of-Way.--As a condition of
the project described in subsection (a), the Shoshone-Bannock
Indian Tribe shall provide land, easements, and rights-of-way
necessary for implementation of the project.
SEC. 305. UPPER DES PLAINES RIVER AND TRIBUTARIES, ILLINOIS.
The Secretary shall credit toward the non-Federal share of
the costs of the study to determine the feasibility of
improvements to the upper Des Plaines River and tributaries,
phase 2, Illinois and Wisconsin, authorized by section 419 of
the Water Resources Development Act of 1999 (113 Stat. 324),
the costs of work carried out by the non-Federal interests in
Lake County, Illinois, before the date of execution of the
feasibility study cost-sharing agreement, if--
(1) the Secretary and the non-Federal interests enter into
a feasibility study cost-sharing agreement; and
(2) the Secretary finds that the work is integral to the
scope of the feasibility study.
SEC. 306. RED RIVER WATERWAY, LOUISIANA.
The project for mitigation of fish and wildlife losses, Red
River Waterway, Louisiana, authorized by section 601(a) of
the Water Resources Development Act of 1986 (100 Stat. 4142)
and modified by section 4(h) of the Water Resources
Development Act of 1988 (102 Stat. 4016), section 102(p) of
the Water Resources Development Act of 1990 (104 Stat. 4613),
and section 301(b)(7) of the Water Resources Development Act
of 1996 (110 Stat. 3710), is further modified to authorize
the purchase of mitigation land from willing sellers in any
of the parishes that comprise the Red River Waterway
District, consisting of Avoyelles, Bossier, Caddo, Grant,
Natchitoches, Rapides, and Red River Parishes.
SEC. 307. WILLIAM JENNINGS RANDOLPH LAKE, MARYLAND.
The Secretary--
(1) may provide design and construction assistance for
recreational facilities in the State of Maryland at the
William Jennings Randolph Lake (Bloomington Dam), Maryland
and West Virginia, project authorized by section 203 of the
Flood Control Act of 1962 (76 Stat. 1182); and
(2) shall require the non-Federal interest to provide 50
percent of the costs of designing and constructing the
recreational facilities.
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SEC. 308. MISSOURI RIVER VALLEY, MISSOURI.
(a) Short Title.--This section may be cited as the
``Missouri River Valley Improvement Act''.
(b) Findings and Purposes.--
(1) Findings.--Congress finds that--
(A) Lewis and Clark were pioneering naturalists that
recorded dozens of species previously unknown to science
while ascending the Missouri River in 1804;
(B) the Missouri River, which is 2,321 miles long, drains
\1/6\ of the United States, is home to approximately
10,000,000 people in 10 States and 28 Native American tribes,
and is a resource of incalculable value to the United States;
(C) the construction of dams, levees, and river training
structures in the past 150 years has aided navigation, flood
control, and water supply along the Missouri River, but has
reduced habitat for native river fish and wildlife;
(D) river organizations, including the Missouri River Basin
Association, support habitat restoration, riverfront
revitalization, and improved operational flexibility so long
as those efforts do not significantly interfere with uses of
the Missouri River; and
(E) restoring a string of natural places by the year 2004
would aid native river fish and wildlife, reduce flood
losses, enhance recreation and tourism, and celebrate the
bicentennial of Lewis and Clark's voyage.
(2) Purposes.--The purposes of this section are--
(A) to protect, restore, and enhance the fish, wildlife,
and plants, and the associated habitats on which they depend,
of the Missouri River;
(B) to restore a string of natural places that aid native
river fish and wildlife, reduce flood losses, and enhance
recreation and tourism;
(C) to revitalize historic riverfronts to improve quality
of life in riverside communities and attract recreation and
tourism;
(D) to monitor the health of the Missouri River and measure
biological, chemical, geological, and hydrological responses
to changes in Missouri River management;
(E) to allow the Corps of Engineers increased authority to
restore and protect fish and wildlife habitat on the Missouri
River;
(F) to protect and replenish cottonwoods, and their
associated riparian woodland communities, along the upper
Missouri River; and
(G) to educate the public about the economic,
environmental, and cultural importance of the Missouri River
and the scientific and cultural discoveries of Lewis and
Clark.
(c) Definition of Missouri River.--In this section, the
term ``Missouri River'' means the Missouri River and the
adjacent floodplain that extends from the mouth of the
Missouri River (RM 0) to the confluence of the Jefferson,
Madison, and Gallatin Rivers (RM 2341) in the State of
Montana.
(d) Authority To Protect, Enhance, and Restore Fish and
Wildlife Habitat.--Section 9(b) of the Act of December 22,
1944 (58 Stat. 891, chapter 665), is amended--
(1) by striking ``(b) The general'' and inserting the
following:
``(b) Comprehensive Plan.--
``(1) In general.--The general'';
(2) by striking ``paragraph'' and inserting ``subsection'';
and
(3) by adding at the end the following:
``(2) Fish and wildlife habitat.--In addition to carrying
out the duties under the comprehensive plan described in
paragraph (1), the Chief of Engineers shall protect, enhance,
and restore fish and wildlife habitat on the Missouri River
to the extent consistent with other authorized project
purposes.''.
(e) Integration of Activities.--
(1) In general.--In carrying out this section and in
accordance with paragraph (2), the Secretary shall provide
for such activities as are necessary to protect and enhance
fish and wildlife habitat without adversely affecting--
(A) the water-related needs of the Missouri River basin,
including flood control, navigation, hydropower, water
supply, and recreation; and
(B)
Major Actions:
All articles in Senate section
WATER RESOURCES DEVELOPMENT ACT OF 2000
(Senate - September 21, 2000)
Text of this article available as:
TXT
PDF
[Pages
S8885-S8933]
WATER RESOURCES DEVELOPMENT ACT OF 2000
The PRESIDING OFFICER. The clerk will report the bill by title.
The legislative clerk read as follows:
A bill (
S. 2796) to provide for the conservation and
development of water and resources, to authorize the
Secretary of the Army to construct various projects for
improvements to rivers and harbors of the United States, and
for other purposes.
The Senate proceeded to the bill which had been reported from the
Committee on Environment and Public Works, with an amendment; as
follows:
(Strike out all after the enacting clause and insert the
part printed in italic.)
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Water
Resources Development Act of 2000''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definition of Secretary.
TITLE I--WATER RESOURCES PROJECTS
Sec. 101. Project authorizations.
Sec. 102. Small shore protection projects.
Sec. 103. Small navigation projects.
Sec. 104. Removal of snags and clearing and straightening of channels
in navigable waters.
Sec. 105. Small bank stabilization projects.
Sec. 106. Small flood control projects.
Sec. 107. Small projects for improvement of the quality of the
environment.
Sec. 108. Beneficial uses of dredged material.
Sec. 109. Small aquatic ecosystem restoration projects.
Sec. 110. Flood mitigation and riverine restoration.
Sec. 111. Disposal of dredged material on beaches.
TITLE II--GENERAL PROVISIONS
Sec. 201. Cooperation agreements with counties.
Sec. 202. Watershed and river basin assessments.
Sec. 203. Tribal partnership program.
Sec. 204. Ability to pay.
Sec. 205. Property protection program.
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Sec. 206. National Recreation Reservation Service.
Sec. 207. Operation and maintenance of hydroelectric facilities.
Sec. 208. Interagency and international support.
Sec. 209. Reburial and conveyance authority.
Sec. 210. Approval of construction of dams and dikes.
Sec. 211. Project deauthorization authority.
Sec. 212. Floodplain management requirements.
Sec. 213. Environmental dredging.
Sec. 214. Regulatory analysis and management systems data.
Sec. 215. Performance of specialized or technical services.
TITLE III--PROJECT-RELATED PROVISIONS
Sec. 301. Boydsville, Arkansas.
Sec. 302. White River Basin, Arkansas and Missouri.
Sec. 303. Gasparilla and Estero Islands, Florida.
Sec. 304. Fort Hall Indian Reservation, Idaho.
Sec. 305. Upper Des Plaines River and tributaries, Illinois.
Sec. 306. Red River Waterway, Louisiana.
Sec. 307. William Jennings Randolph Lake, Maryland.
Sec. 308. Missouri River Valley, Missouri.
Sec. 309. New Madrid County, Missouri.
Sec. 310. Pemiscot County Harbor, Missouri.
Sec. 311. Pike County, Missouri.
Sec. 312. Fort Peck fish hatchery, Montana.
Sec. 313. Sagamore Creek, New Hampshire.
Sec. 314. Passaic River Basin flood management, New Jersey.
Sec. 315. Rockaway Inlet to Norton Point, New York.
Sec. 316. John Day Pool, Oregon and Washington.
Sec. 317. Fox Point hurricane barrier, Providence, Rhode Island.
Sec. 318. Houston-Galveston Navigation Channels, Texas.
Sec. 319. Joe Pool Lake, Trinity River Basin, Texas.
Sec. 320. Lake Champlain watershed, Vermont and New York.
Sec. 321. Mount St. Helens, Washington.
Sec. 322. Puget Sound and adjacent waters restoration, Washington.
Sec. 323. Fox River System, Wisconsin.
Sec. 324. Chesapeake Bay oyster restoration.
Sec. 325. Great Lakes dredging levels adjustment.
Sec. 326. Great Lakes fishery and ecosystem restoration.
Sec. 327. Great Lakes remedial action plans and sediment remediation.
Sec. 328. Great Lakes tributary model.
Sec. 329. Treatment of dredged material from Long Island Sound.
Sec. 330. New England water resources and ecosystem restoration.
Sec. 331. Project deauthorizations.
TITLE IV--STUDIES
Sec. 401. Baldwin County, Alabama.
Sec. 402. Bono, Arkansas.
Sec. 403. Cache Creek Basin, California.
Sec. 404. Estudillo Canal watershed, California.
Sec. 405. Laguna Creek watershed, California.
Sec. 406. Oceanside, California.
Sec. 407. San Jacinto watershed, California.
Sec. 408. Choctawhatchee River, Florida.
Sec. 409. Egmont Key, Florida.
Sec. 410. Upper Ocklawaha River and Apopka/Palatlakaha River basins,
Florida.
Sec. 411. Boise River, Idaho.
Sec. 412. Wood River, Idaho.
Sec. 413. Chicago, Illinois.
Sec. 414. Boeuf and Black, Louisiana.
Sec. 415. Port of Iberia, Louisiana.
Sec. 416. South Louisiana.
Sec. 417. St. John the Baptist Parish, Louisiana.
Sec. 418. Narraguagus River, Milbridge, Maine.
Sec. 419. Portsmouth Harbor and Piscataqua River, Maine and New
Hampshire.
Sec. 420. Merrimack River Basin, Massachusetts and New Hampshire.
Sec. 421. Port of Gulfport, Mississippi.
Sec. 422. Upland disposal sites in New Hampshire.
Sec. 423. Missouri River basin, North Dakota, South Dakota, and
Nebraska.
Sec. 424. Cuyahoga River, Ohio.
Sec. 425. Fremont, Ohio.
Sec. 426. Grand Lake, Oklahoma.
Sec. 427. Dredged material disposal site, Rhode Island.
Sec. 428. Chickamauga Lock and Dam, Tennessee.
Sec. 429. Germantown, Tennessee.
Sec. 430. Horn Lake Creek and Tributaries, Tennessee and Mississippi.
Sec. 431. Cedar Bayou, Texas.
Sec. 432. Houston Ship Channel, Texas.
Sec. 433. San Antonio Channel, Texas.
Sec. 434. White River watershed below Mud Mountain Dam, Washington.
Sec. 435. Willapa Bay, Washington.
Sec. 436. Upper Mississippi River basin sediment and nutrient study.
TITLE V--MISCELLANEOUS PROVISIONS
Sec. 501. Visitors centers.
Sec. 502. CALFED Bay-Delta Program assistance, California.
Sec. 503. Conveyance of lighthouse, Ontonagon, Michigan.
Sec. 504. Land conveyance, Candy Lake, Oklahoma.
TITLE VI--COMPREHENSIVE EVERGLADES RESTORATION PLAN
Sec. 601. Comprehensive Everglades Restoration Plan.
SEC. 2. DEFINITION OF SECRETARY.
In this Act, the term ``Secretary'' means the Secretary of
the Army.
TITLE I--WATER RESOURCES PROJECTS
SEC. 101. PROJECT AUTHORIZATIONS.
(a) Projects With Chief's Reports.--The following project
for water resources development and conservation and other
purposes is authorized to be carried out by the Secretary
substantially in accordance with the plans, and subject to
the conditions, described in the designated report: The
project for navigation, New York-New Jersey Harbor: Report of
the Chief of Engineers dated May 2, 2000, at a total cost of
$1,781,235,000, with an estimated Federal cost of
$738,631,000 and an estimated non-Federal cost of
$1,042,604,000.
(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, 2000:
(1) False pass harbor, alaska.--The project for navigation,
False Pass Harbor, Alaska, at a total cost of $15,000,000,
with an estimated Federal cost of $10,000,000 and an
estimated non-Federal cost of $5,000,000.
(2) Unalaska harbor, alaska.--The project for navigation,
Unalaska Harbor, Alaska, at a total cost of $20,000,000, with
an estimated Federal cost of $12,000,000 and an estimated
non-Federal cost of $8,000,000.
(3) Rio de flag, arizona.--The project for flood damage
reduction, Rio de Flag, Arizona, at a total cost of
$26,400,000, with an estimated Federal cost of $17,100,000
and an estimated non-Federal cost of $9,300,000.
(4) Tres rios, arizona.--The project for environmental
restoration, Tres Rios, Arizona, at a total cost of
$90,000,000, with an estimated Federal cost of $58,000,000
and an estimated non-Federal cost of $32,000,000.
(5) Los angeles harbor, california.--The project for
navigation, Los Angeles Harbor, California, at a total cost
of $168,900,000, with an estimated Federal cost of
$44,000,000 and an estimated non-Federal cost of
$124,900,000.
(6) Murrieta creek, california.--The project for flood
control, Murrieta Creek, California, at a total cost of
$43,100,000, with an estimated Federal cost of $27,800,000
and an estimated non-Federal cost of $15,300,000.
(7) Pine flat dam, california.--The project for fish and
wildlife restoration, Pine Flat Dam, California, at a total
cost of $34,000,000, with an estimated Federal cost of
$22,000,000 and an estimated non-Federal cost of $12,000,000.
(8) Ranchos palos verdes, california.--The project for
environmental restoration, Ranchos Palos Verdes, California,
at a total cost of $18,100,000, with an estimated Federal
cost of $11,800,000 and an estimated non-Federal cost of
$6,300,000.
(9) Santa barbara streams, california.--The project for
flood damage reduction, Santa Barbara Streams, Lower Mission
Creek, California, at a total cost of $17,100,000, with an
estimated Federal cost of $8,600,000 and an estimated non-
Federal cost of $8,500,000.
(10) Upper newport bay harbor, california.--The project for
environmental restoration, Upper Newport Bay Harbor,
California, at a total cost of $28,280,000, with an estimated
Federal cost of $18,390,000 and an estimated non-Federal cost
of $9,890,000.
(11) Whitewater river basin, california.--The project for
flood damage reduction, Whitewater River basin, California,
at a total cost of $26,000,000, with an estimated Federal
cost of $16,900,000 and an estimated non-Federal cost of
$9,100,000.
(12) Tampa harbor, florida.--Modification of the project
for navigation, Tampa Harbor, Florida, authorized by section
4 of the Act of September 22, 1922 (42 Stat. 1042, chapter
427), to deepen the Port Sutton Channel, at a total cost of
$7,245,000, with an estimated Federal cost of $4,709,000 and
an estimated non-Federal cost of $2,536,000.
(13) Barbers point harbor, oahu, hawaii.--The project for
navigation, Barbers Point Harbor, Oahu, Hawaii, at a total
cost of $51,000,000, with an estimated Federal cost of
$21,000,000 and an estimated non-Federal cost of $30,000,000.
(14) John t. myers lock and dam, indiana and kentucky.--The
project for navigation, John T. Myers Lock and Dam, Ohio
River, Indiana and Kentucky, at a total cost of $182,000,000.
The costs of construction of the project shall be paid \1/2\
from amounts appropriated from the general fund of the
Treasury and \1/2\ from amounts appropriated from the Inland
Waterways Trust Fund.
(15) Greenup lock and dam, kentucky.--The project for
navigation, Greenup Lock and Dam, Ohio River, Kentucky, at a
total cost of $183,000,000. The costs of construction of the
project shall be paid \1/2\ from amounts appropriated from
the general fund of the Treasury and \1/2\ from amounts
appropriated from the Inland Waterways Trust Fund.
(16) Morganza, louisiana, to gulf of mexico.--
(A) In general.--The project for hurricane protection,
Morganza, Louisiana, to the Gulf of Mexico, at a total cost
of $550,000,000, with an estimated Federal cost of
$358,000,000 and an estimated non-Federal cost of
$192,000,000.
(B) Credit.--The non-Federal interests shall receive credit
toward the non-Federal share of project costs for the costs
of any work carried out by the non-Federal interests for
interim flood protection after March 31, 1989, if the
Secretary finds that the work is compatible with, and
integral to, the project.
(17) Chesterfield, missouri.--The project to implement
structural and nonstructural measures to prevent flood damage
to Chesterfield, Missouri, and the surrounding area, at a
total
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cost of $63,000,000, with an estimated Federal cost of
$40,950,000 and an estimated non-Federal cost of $22,050,000.
(18) Barnegat inlet to little egg inlet, new jersey.--The
project for shore protection, Barnegat Inlet to Little Egg
Inlet, New Jersey, at a total cost of $51,203,000, with an
estimated Federal cost of $33,282,000 and an estimated non-
Federal cost of $17,921,000, and at an estimated average
annual cost of $1,751,000 for periodic nourishment over the
50-year life of the project, with an estimated annual Federal
cost of $1,138,000 and an estimated annual non-Federal cost
of $613,000.
(19) Raritan bay and sandy hook bay, cliffwood beach, new
jersey.--The project for shore protection, Raritan Bay and
Sandy Hook Bay, Cliffwood Beach, New Jersey, at a total cost
of $5,219,000, with an estimated Federal cost of $3,392,000
and an estimated non-Federal cost of $1,827,000, and at an
estimated average annual cost of $110,000 for periodic
nourishment over the 50-year life of the project, with an
estimated annual Federal cost of $55,000 and an estimated
annual non-Federal cost of $55,000.
(20) Raritan bay and sandy hook bay, port monmouth, new
jersey.--The project for shore protection, Raritan Bay and
Sandy Hook Bay, Port Monmouth, New Jersey, at a total cost of
$30,081,000, with an estimated Federal cost of $19,553,000
and an estimated non-Federal cost of $10,528,000, and at an
estimated average annual cost of $2,468,000 for periodic
nourishment over the 50-year life of the project, with an
estimated annual Federal cost of $1,234,000 and an estimated
annual non-Federal cost of $1,234,000.
(21) Memphis, tennessee.--The project for ecosystem
restoration, Wolf River, Memphis, Tennessee, at a total cost
of $10,933,000, with an estimated Federal cost of $7,106,000
and an estimated non-Federal cost of $3,827,000.
(22) Jackson hole, wyoming.--
(A) In general.--The project for environmental restoration,
Jackson Hole, Wyoming, at a total cost of $66,500,000, with
an estimated Federal cost of $43,225,000 and an estimated
non-Federal cost of $23,275,000.
(B) Non-federal share.--
(i) In general.--The non-Federal share of the costs of the
project may be provided in cash or in the form of in-kind
services or materials.
(ii) Credit.--The non-Federal interest shall receive credit
toward the non-Federal share of project costs for design and
construction work carried out by the non-Federal interest
before the date of execution of a project cooperation
agreement for the project, if the Secretary finds that the
work is integral to the project.
(23) Ohio river.--
(A) In general.--The program for protection and restoration
of fish and wildlife habitat in and along the main stem of
the Ohio River, consisting of projects described in a
comprehensive plan, at a total cost of $200,000,000, with an
estimated Federal cost of $130,000,000 and an estimated non-
Federal cost of $70,000,000.
(B) Non-federal share.--
(i) In general.--The non-Federal share of the costs of any
project under the program may be provided in cash or in the
form of in-kind services or materials.
(ii) Credit.--The non-Federal interest shall receive credit
toward the non-Federal share of project costs for design and
construction work carried out by the non-Federal interest
before the date of execution of a project cooperation
agreement for the project, if the Secretary finds that the
work is integral to the project.
SEC. 102. SMALL SHORE PROTECTION 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
3 of the Act of August 13, 1946 (33 U.S.C. 426g):
(1) Lake palourde, louisiana.--Project for beach
restoration and protection, Highway 70, Lake Palourde, St.
Mary and St. Martin Parishes, Louisiana.
(2) St. bernard, louisiana.--Project for beach restoration
and protection, Bayou Road, St. Bernard, Louisiana.
SEC. 103. 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):
(1) Houma navigation canal, louisiana.--Project for
navigation, Houma Navigation Canal, Terrebonne Parish,
Louisiana.
(2) Vidalia port, louisiana.--Project for navigation,
Vidalia Port, Louisiana.
SEC. 104. REMOVAL OF SNAGS AND CLEARING AND STRAIGHTENING OF
CHANNELS IN NAVIGABLE WATERS.
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 3 of the Act of March 2, 1945 (33 U.S.C. 604):
(1) Bayou manchac, louisiana.--Project for removal of snags
and clearing and straightening of channels for flood control,
Bayou Manchac, Ascension Parish, Louisiana.
(2) Black bayou and hippolyte coulee, louisiana.--Project
for removal of snags and clearing and straightening of
channels for flood control, Black Bayou and Hippolyte Coulee,
Calcasieu Parish, Louisiana.
SEC. 105. SMALL BANK STABILIZATION 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
14 of the Flood Control Act of 1946 (33 U.S.C. 701r):
(1) Bayou des glaises, louisiana.--Project for emergency
streambank protection, Bayou des Glaises (Lee Chatelain
Road), Avoyelles Parish, Louisiana.
(2) Bayou plaquemine, louisiana.--Project for emergency
streambank protection, Highway 77, Bayou Plaquemine,
Iberville Parish, Louisiana.
(3) Hammond, louisiana.--Project for emergency streambank
protection, Fagan Drive Bridge, Hammond, Louisiana.
(4) Iberville parish, louisiana.--Project for emergency
streambank protection, Iberville Parish, Louisiana.
(5) Lake arthur, louisiana.--Project for emergency
streambank protection, Parish Road 120 at Lake Arthur,
Louisiana.
(6) Lake charles, louisiana.--Project for emergency
streambank protection, Pithon Coulee, Lake Charles, Calcasieu
Parish, Louisiana.
(7) Loggy bayou, louisiana.--Project for emergency
streambank protection, Loggy Bayou, Bienville Parish,
Louisiana.
(8) Scotlandville bluff, louisiana.--Project for emergency
streambank protection, Scotlandville Bluff, East Baton Rouge
Parish, Louisiana.
SEC. 106. SMALL FLOOD CONTROL 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
205 of the Flood Control Act of 1948 (33 U.S.C. 701s):
(1) Weiser river, idaho.--Project for flood damage
reduction, Weiser River, Idaho.
(2) Bayou tete l'ours, louisiana.--Project for flood
control, Bayou Tete L'Ours, Louisiana.
(3) Bossier city, louisiana.--Project for flood control,
Red Chute Bayou levee, Bossier City, Louisiana.
(4) Braithwaite park, louisiana.--Project for flood
control, Braithwaite Park, Louisiana.
(5) Cane bend subdivision, louisiana.--Project for flood
control, Cane Bend Subdivision, Bossier Parish, Louisiana.
(6) Crown point, louisiana.--Project for flood control,
Crown Point, Louisiana.
(7) Donaldsonville canals, louisiana.--Project for flood
control, Donaldsonville Canals, Louisiana.
(8) Goose bayou, louisiana.--Project for flood control,
Goose Bayou, Louisiana.
(9) Gumby dam, louisiana.--Project for flood control, Gumby
Dam, Richland Parish, Louisiana.
(10) Hope canal, louisiana.--Project for flood control,
Hope Canal, Louisiana.
(11) Jean lafitte, louisiana.--Project for flood control,
Jean Lafitte, Louisiana.
(12) Lockport to larose, louisiana.--Project for flood
control, Lockport to Larose, Louisiana.
(13) Lower lafitte basin, louisiana.--Project for flood
control, Lower Lafitte Basin, Louisiana.
(14) Oakville to lareussite, louisiana.--Project for flood
control, Oakville to LaReussite, Louisiana.
(15) Pailet basin, louisiana.--Project for flood control,
Pailet Basin, Louisiana.
(16) Pochitolawa creek, louisiana.--Project for flood
control, Pochitolawa Creek, Louisiana.
(17) Rosethorn basin, louisiana.--Project for flood
control, Rosethorn Basin, Louisiana.
(18) Shreveport, louisiana.--Project for flood control,
Twelve Mile Bayou, Shreveport, Louisiana.
(19) Stephensville, louisiana.--Project for flood control,
Stephensville, Louisiana.
(20) St. john the baptist parish, louisiana.--Project for
flood control, St. John the Baptist Parish, Louisiana.
(21) Magby creek and vernon branch, mississippi.--Project
for flood control, Magby Creek and Vernon Branch, Lowndes
County, Mississippi.
(22) Fritz landing, tennessee.--Project for flood control,
Fritz Landing, Tennessee.
SEC. 107. SMALL PROJECTS FOR IMPROVEMENT OF THE QUALITY OF
THE ENVIRONMENT.
The Secretary shall conduct a study for each of the
following projects and, if the Secretary determines that a
project is appropriate, may carry out the project under
section 1135(a) of the Water Resources Development Act of
1986 (33 U.S.C. 2309a(a)):
(1) Bayou sauvage national wildlife refuge, louisiana.--
Project for improvement of the quality of the environment,
Bayou Sauvage National Wildlife Refuge, Orleans Parish,
Louisiana.
(2) Gulf intracoastal waterway, bayou plaquemine,
louisiana.--Project for improvement of the quality of the
environment, Gulf Intracoastal Waterway, Bayou Plaquemine,
Iberville Parish, Louisiana.
(3) Gulf intracoastal waterway, miles 220 to 222.5,
louisiana.--Project for improvement of the quality of the
environment, Gulf Intracoastal Waterway, miles 220 to 222.5,
Vermilion Parish, Louisiana.
(4) Gulf intracoastal waterway, weeks bay, louisiana.--
Project for improvement of the quality of the environment,
Gulf Intracoastal Waterway, Weeks Bay, Iberia Parish,
Louisiana.
(5) Lake fausse point, louisiana.--Project for improvement
of the quality of the environment, Lake Fausse Point,
Louisiana.
(6) Lake providence, louisiana.--Project for improvement of
the quality of the environment, Old River, Lake Providence,
Louisiana.
(7) New river, louisiana.--Project for improvement of the
quality of the environment, New River, Ascension Parish,
Louisiana.
(8) Erie county, ohio.--Project for improvement of the
quality of the environment, Sheldon's Marsh State Nature
Preserve, Erie County, Ohio.
(9) Mushingum county, ohio.--Project for improvement of the
quality of the environment, Dillon Reservoir watershed,
Licking River, Mushingum County, Ohio.
SEC. 108. BENEFICIAL USES OF DREDGED MATERIAL.
The Secretary may carry out the following projects under
section 204 of the Water Resources Development Act of 1992
(33 U.S.C. 2326):
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(1) Houma navigation canal, louisiana.--Project to make
beneficial use of dredged material from a Federal navigation
project that includes barrier island restoration at the Houma
Navigation Canal, Terrebonne Parish, Louisiana.
(2) Mississippi river gulf outlet, mile -3 to mile -9,
louisiana.--Project to make beneficial use of dredged
material from a Federal navigation project that includes
dredging of the Mississippi River Gulf Outlet, mile -3 to
mile -9, St. Bernard Parish, Louisiana.
(3) Mississippi river gulf outlet, mile 11 to mile 4,
louisiana.--Project to make beneficial use of dredged
material from a Federal navigation project that includes
dredging of the Mississippi River Gulf Outlet, mile 11 to
mile 4, St. Bernard Parish, Louisiana.
(4) Plaquemines parish, louisiana.--Project to make
beneficial use of dredged material from a Federal navigation
project that includes marsh creation at the contained
submarine maintenance dredge sediment trap, Plaquemines
Parish, Louisiana.
(5) Ottawa county, ohio.--Project to protect, restore, and
create aquatic and related habitat using dredged material,
East Harbor State Park, Ottawa County, Ohio.
SEC. 109. SMALL AQUATIC ECOSYSTEM RESTORATION PROJECTS.
The Secretary may carry out the following projects under
section 206 of the Water Resources Development Act of 1996
(33 U.S.C. 2330):
(1) Braud bayou, louisiana.--Project for aquatic ecosystem
restoration, Braud Bayou, Spanish Lake, Ascension Parish,
Louisiana.
(2) Buras marina, louisiana.--Project for aquatic ecosystem
restoration, Buras Marina, Buras, Plaquemines Parish,
Louisiana.
(3) Comite river, louisiana.--Project for aquatic ecosystem
restoration, Comite River at Hooper Road, Louisiana.
(4) Department of energy 21-inch pipeline canal,
louisiana.--Project for aquatic ecosystem restoration,
Department of Energy 21-inch Pipeline Canal, St. Martin
Parish, Louisiana.
(5) Lake borgne, louisiana.--Project for aquatic ecosystem
restoration, southern shores of Lake Borgne, Louisiana.
(6) Lake martin, louisiana.--Project for aquatic ecosystem
restoration, Lake Martin, Louisiana.
(7) Luling, louisiana.--Project for aquatic ecosystem
restoration, Luling Oxidation Pond, St. Charles Parish,
Louisiana.
(8) Mandeville, louisiana.--Project for aquatic ecosystem
restoration, Mandeville, St. Tammany Parish, Louisiana.
(9) St. james, louisiana.--Project for aquatic ecosystem
restoration, St. James, Louisiana.
(10) Mines falls park, new hampshire.--Project for aquatic
ecosystem restoration, Mines Falls Park, New Hampshire.
(11) North hampton, new hampshire.--Project for aquatic
ecosystem restoration, Little River Salt Marsh, North
Hampton, New Hampshire.
(12) Highland county, ohio.--Project for aquatic ecosystem
restoration, Rocky Fork Lake, Clear Creek floodplain,
Highland County, Ohio.
(13) Hocking county, ohio.--Project for aquatic ecosystem
restoration, Long Hollow Mine, Hocking County, Ohio.
(14) Tuscarawas county, ohio.--Project for aquatic
ecosystem restoration, Huff Run, Tuscarawas County, Ohio.
(15) Central amazon creek, oregon.--Project for aquatic
ecosystem restoration, Central Amazon Creek, Oregon.
(16) Delta ponds, oregon.--Project for aquatic ecosystem
restoration, Delta Ponds, Oregon.
(17) Eugene millrace, oregon.--Project for aquatic
ecosystem restoration, Eugene Millrace, Oregon.
(18) Medford, oregon.--Project for aquatic ecosystem
restoration, Bear Creek watershed, Medford, Oregon.
(19) Roslyn lake, oregon.--Project for aquatic ecosystem
restoration, Roslyn Lake, Oregon.
SEC. 110. FLOOD MITIGATION AND RIVERINE RESTORATION.
Section 212(e) of the Water Resources Development Act of
1999 (33 U.S.C. 2332(e)) is amended--
(1) in paragraph (22), by striking ``and'' at the end;
(2) in paragraph (23), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(24) Perry Creek, Iowa.''.
SEC. 111. DISPOSAL OF DREDGED MATERIAL ON BEACHES.
Section 217 of the Water Resources Development Act of 1999
(113 Stat. 294) is amended by adding at the end the
following:
``(f) Fort Canby State Park, Benson Beach, Washington.--The
Secretary may design and construct a shore protection project
at Fort Canby State Park, Benson Beach, Washington, including
beneficial use of dredged material from Federal navigation
projects as provided under section 145 of the Water Resources
Development Act of 1976 (33 U.S.C. 426j).''.
TITLE II--GENERAL PROVISIONS
SEC. 201. COOPERATION AGREEMENTS WITH COUNTIES.
Section 221(a) of the Flood Control Act of 1970 (42 U.S.C.
1962d-5b(a)) is amended in the second sentence--
(1) by striking ``State legislative''; and
(2) by inserting before the period at the end the
following: ``of the State or a body politic of the State''.
SEC. 202. WATERSHED AND RIVER BASIN ASSESSMENTS.
Section 729 of the Water Resources Development Act of 1986
(100 Stat. 4164) is amended to read as follows:
``SEC. 729. WATERSHED AND RIVER BASIN ASSESSMENTS.
``(a) In General.--The Secretary may assess the water
resources needs of river basins and watersheds of the United
States, including needs relating to--
``(1) ecosystem protection and restoration;
``(2) flood damage reduction;
``(3) navigation and ports;
``(4) watershed protection;
``(5) water supply; and
``(6) drought preparedness.
``(b) Cooperation.--An assessment under subsection (a)
shall be carried out in cooperation and coordination with--
``(1) the Secretary of the Interior;
``(2) the Secretary of Agriculture;
``(3) the Secretary of Commerce;
``(4) the Administrator of the Environmental Protection
Agency; and
``(5) the heads of other appropriate agencies.
``(c) Consultation.--In carrying out an assessment under
subsection (a), the Secretary shall consult with Federal,
tribal, State, interstate, and local governmental entities.
``(d) Priority River Basins and Watersheds.--In selecting
river basins and watersheds for assessment under this
section, the Secretary shall give priority to--
``(1) the Delaware River basin; and
``(2) the Willamette River basin, Oregon.
``(e) Acceptance of Contributions.--In carrying out an
assessment under subsection (a), the Secretary may accept
contributions, in cash or in kind, from Federal, tribal,
State, interstate, and local governmental entities to the
extent that the Secretary determines that the contributions
will facilitate completion of the assessment.
``(f) Cost-Sharing Requirements.--
``(1) Non-federal share.--The non-Federal share of the
costs of an assessment carried out under this section shall
be 50 percent.
``(2) Credit.--
``(A) In general.--Subject to subparagraph (B), the non-
Federal interests may receive credit toward the non-Federal
share required under paragraph (1) for the provision of
services, materials, supplies, or other in-kind
contributions.
``(B) Maximum amount of credit.--Credit under subparagraph
(A) shall not exceed an amount equal to 25 percent of the
costs of the assessment.
``(g) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $15,000,000.''.
SEC. 203. TRIBAL PARTNERSHIP PROGRAM.
(a) Definition of Indian Tribe.--In this section, the term
``Indian tribe'' has the meaning given the term in section 4
of the Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450b).
(b) Program.--
(1) In general.--In cooperation with Indian tribes and the
heads of other Federal agencies, the Secretary may study and
determine the feasibility of carrying out water resources
development projects that--
(A) will substantially benefit Indian tribes; and
(B) are located primarily within Indian country (as defined
in section 1151 of title 18, United States Code) or in
proximity to Alaska Native villages.
(2) Matters to be studied.--A study conducted under
paragraph (1) may address--
(A) projects for flood damage reduction, environmental
restoration and protection, and preservation of cultural and
natural resources; and
(B) such other projects as the Secretary, in cooperation
with Indian tribes and the heads of other Federal agencies,
determines to be appropriate.
(c) Consultation and Coordination With Secretary of the
Interior.--
(1) In general.--In recognition of the unique role of the
Secretary of the Interior concerning trust responsibilities
with Indian tribes, and in recognition of mutual trust
responsibilities, the Secretary shall consult with the
Secretary of the Interior concerning studies conducted under
subsection (b).
(2) Integration of activities.--The Secretary shall--
(A) integrate civil works activities of the Department of
the Army with activities of the Department of the Interior to
avoid conflicts, duplications of effort, or unanticipated
adverse effects on Indian tribes; and
(B) consider the authorities and programs of the Department
of the Interior and other Federal agencies in any
recommendations concerning carrying out projects studied
under subsection (b).
(d) Priority Projects.--In selecting water resources
development projects for study under this section, the
Secretary shall give priority to--
(1) the project along the upper Snake River within and
adjacent to the Fort Hall Indian Reservation, Idaho,
authorized by section 304; and
(2) the project for the Tribal Reservation of the
Shoalwater Bay Indian Tribe on Willapa Bay, Washington,
authorized by section 435(b).
(e) Cost Sharing.--
(1) Ability to pay.--
(A) In general.--Any cost-sharing agreement for a study
under subsection (b) shall be subject to the ability of the
non-Federal interest to pay.
(B) Use of procedures.--The ability of a non-Federal
interest to pay shall be determined by the Secretary in
accordance with procedures established by the Secretary.
(2) Credit.--
(A) In general.--Subject to subparagraph (B), in conducting
studies of projects under subsection (b), the Secretary may
provide credit to the non-Federal interest for the provision
of services, studies, supplies, or other in-kind
contributions to the extent that the Secretary determines
that the services, studies, supplies, and
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other in-kind contributions will facilitate completion of the
project.
(B) Maximum amount of credit.--Credit under subparagraph
(A) shall not exceed an amount equal to the non-Federal share
of the costs of the study.
(f) Authorization of Appropriations.--There is authorized
to be appropriated to carry out subsection (b) $5,000,000 for
each of fiscal years 2002 through 2006, of which not more
than $1,000,000 may be used with respect to any 1 Indian
tribe.
SEC. 204. ABILITY TO PAY.
Section 103(m) of the Water Resources Development Act of
1986 (33 U.S.C. 2213(m)) is amended--
(1) by striking paragraphs (1) and (2) and inserting the
following:
``(1) In general.--Any cost-sharing agreement under this
section for a feasibility study, or for construction of an
environmental protection and restoration project, a flood
control project, a project for navigation, storm damage
protection, shoreline erosion, hurricane protection, or
recreation, or an agricultural water supply project, shall be
subject to the ability of the non-Federal interest to pay.
``(2) Criteria and procedures.--
``(A) In general.--The ability of a non-Federal interest to
pay shall be determined by the Secretary in accordance with--
``(i) during the period ending on the date on which revised
criteria and procedures are promulgated under subparagraph
(B), criteria and procedures in effect on the day before the
date of enactment of this subparagraph; and
``(ii) after the date on which revised criteria and
procedures are promulgated under subparagraph (B), the
revised criteria and procedures promulgated under
subparagraph (B).
``(B) Revised criteria and procedures.--Not later than 18
months after the date of enactment of this subparagraph, in
accordance with paragraph (3), the Secretary shall promulgate
revised criteria and procedures governing the ability of a
non-Federal interest to pay.''; and
(2) in paragraph (3)--
(A) in subparagraph (A)(ii), by adding ``and'' at the end;
and
(B) by striking subparagraphs (B) and (C) and inserting the
following:
``(B) may consider additional criteria relating to--
``(i) the financial ability of the non-Federal interest to
carry out its cost-sharing responsibilities; or
``(ii) additional assistance that may be available from
other Federal or State sources.''.
SEC. 205. PROPERTY PROTECTION PROGRAM.
(a) In General.--The Secretary may carry out a program to
reduce vandalism and destruction of property at water
resources development projects under the jurisdiction of the
Department of the Army.
(b) Provision of Rewards.--In carrying out the program, the
Secretary may provide rewards (including cash rewards) to
individuals who provide information or evidence leading to
the arrest and prosecution of individuals causing damage to
Federal property.
(c) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $500,000 for
each fiscal year.
SEC. 206. NATIONAL RECREATION RESERVATION SERVICE.
Notwithstanding section 611 of the Treasury and General
Government Appropriations Act, 1999 (Public Law 105-277; 112
Stat. 2681-515), the Secretary may--
(1) participate in the National Recreation Reservation
Service on an interagency basis; and
(2) pay the Department of the Army's share of the
activities required to implement, operate, and maintain the
Service.
SEC. 207. OPERATION AND MAINTENANCE OF HYDROELECTRIC
FACILITIES.
Section 314 of the Water Resources Development Act of 1990
(33 U.S.C. 2321) is amended in the first sentence by
inserting before the period at the end the following: ``in
cases in which the activities require specialized training
relating to hydroelectric power generation''.
SEC. 208. INTERAGENCY AND INTERNATIONAL SUPPORT.
Section 234(d) of the Water Resources Development Act of
1996 (33 U.S.C. 2323a(d)) is amended--
(1) in the first sentence, by striking ``$1,000,000'' and
inserting ``$2,000,000''; and
(2) in the second sentence, by inserting ``out'' after
``carry''.
SEC. 209. REBURIAL AND CONVEYANCE AUTHORITY.
(a) Definition of Indian Tribe.--In this section, the term
``Indian tribe'' has the meaning given the term in section 4
of the Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450b).
(b) Reburial.--
(1) Reburial areas.--In consultation with affected Indian
tribes, the Secretary may identify and set aside areas at
civil works projects of the Department of the Army that may
be used to rebury Native American remains that--
(A) have been discovered on project land; and
(B) have been rightfully claimed by a lineal descendant or
Indian tribe in accordance with applicable Federal law.
(2) Reburial.--In consultation with and with the consent of
the lineal descendant or the affected Indian tribe, the
Secretary may recover and rebury, at full Federal expense,
the remains at the areas identified and set aside under
subsection (b)(1).
(c) Conveyance Authority.--
(1) In general.--Subject to paragraph (2), notwithstanding
any other provision of law, the Secretary may convey to an
Indian tribe for use as a cemetery an area at a civil works
project that is identified and set aside by the Secretary
under subsection (b)(1).
(2) Retention of necessary property interests.--In carrying
out paragraph (1), the Secretary shall retain any necessary
right-of-way, easement, or other property interest that the
Secretary determines to be necessary to carry out the
authorized purposes of the project.
SEC. 210. APPROVAL OF CONSTRUCTION OF DAMS AND DIKES.
Section 9 of the Act of March 3, 1899 (33 U.S.C. 401), is
amended--
(1) by inserting ``(a) In General.--'' before ``It shall'';
(2) by striking ``However, such structures'' and inserting
the following:
``(b) Waterways Within a Single State.--Notwithstanding
subsection (a), structures described in subsection (a)'';
(3) by striking ``When plans'' and inserting the following:
``(c) Modification of Plans.--When plans'';
(4) by striking ``The approval'' and inserting the
following:
``(d) Applicability.--
``(1) Bridges and causeways.--The approval''; and
(5) in subsection (d) (as designated by paragraph (4)), by
adding at the end the following:
``(2) Dams and dikes.--
``(A) In general.--The approval required by this section of
the location and plans, or any modification of plans, of any
dam or dike, applies only to a dam or dike that, if
constructed, would completely span a waterway used to
transport interstate or foreign commerce, in such a manner
that actual, existing interstate or foreign commerce could be
adversely affected.
``(B) Other dams and dikes.--Any dam or dike (other than a
dam or dike described in subparagraph (A)) that is proposed
to be built in any other navigable water of the United
States--
``(i) shall be subject to section 10; and
``(ii) shall not be subject to the approval requirements of
this section.''.
SEC. 211. PROJECT DEAUTHORIZATION AUTHORITY.
Section 1001 of the Water Resources Development Act of 1986
(33 U.S.C. 579a) is amended to read as follows:
``SEC. 1001. PROJECT DEAUTHORIZATIONS.
``(a) Definitions.--In this section:
``(1) Construction.--The term `construction', with respect
to a project or separable element, means--
``(A) in the case of--
``(i) a nonstructural flood control project, the
acquisition of land, an easement, or a right-of-way primarily
to relocate a structure; and
``(ii) in the case of any other nonstructural measure, the
performance of physical work under a construction contract;
``(B) in the case of an environmental protection and
restoration project--
``(i) the acquisition of land, an easement, or a right-of-
way primarily to facilitate the restoration of wetland or a
similar habitat; or
``(ii) the performance of physical work under a
construction contract to modify an existing project facility
or to construct a new environmental protection and
restoration measure; and
``(C) in the case of any other water resources project, the
performance of physical work under a construction contract.
``(2) Physical work under a construction contract.--The
term `physical work under a construction contract' does not
include any activity related to project planning, engineering
and design, relocation, or the acquisition of land, an
easement, or a right-of-way.
``(b) Projects Never Under Construction.--
``(1) List of projects.--The Secretary shall annually
submit to Congress a list of projects and separable elements
of projects that--
``(A) are authorized for construction; and
``(B) for which no Federal funds were obligated for
construction during the 4 full fiscal years preceding the
date of submission of the list.
``(2) Deauthorization.--Any water resources project, or
separable element of a water resources project, authorized
for construction shall be deauthorized effective at the end
of the 7-year period beginning on the date of the most recent
authorization or reauthorization of the project or separable
element unless Federal funds have been obligated for
construction of the project or separable element by the end
of that period.
``(c) Projects for Which Construction Has Been Suspended.--
``(1) List of projects.--The Secretary shall annually
submit to Congress a list of projects and separable elements
of projects--
``(A) that are authorized for construction;
``(B) for which Federal funds have been obligated for
construction of the project or separable element; and
``(C) for which no Federal funds have been obligated for
construction of the project or separable element during the 2
full fiscal years preceding the date of submission of the
list.
``(2) Deauthorization.--Any water resources project, or
separable element of a water resources project, for which
Federal funds have been obligated for construction shall be
deauthorized effective at the end of any 5-fiscal year period
during which Federal funds specifically identified for
construction of the project or separable element (in an Act
of Congress or in the accompanying legislative report
language) have not been obligated for construction.
``(d) Congressional Notifications.--Upon submission of the
lists under subsections (b)(1) and (c)(1), the Secretary
shall notify each Senator in whose State, and each Member of
the House of Representatives in whose district, the affected
project or separable element is or would be located.
``(e) Final Deauthorization List.--The Secretary shall
publish annually in the Federal Register a list of all
projects and separable elements deauthorized under subsection
(b)(2) or (c)(2).
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``(f) Effective Date.--Subsections (b)(2) and (c)(2) take
effect 3 years after the date of enactment of this
subsection.''.
SEC. 212. FLOODPLAIN MANAGEMENT REQUIREMENTS.
(a) In General.--Section 402(c) of the Water Resources
Development Act of 1986 (33 U.S.C. 701b-12(c)) is amended--
(1) in the first sentence of paragraph (1), by striking
``Within 6 months after the date of the enactment of this
subsection, the'' and inserting ``The'';
(2) by redesignating paragraph (2) as paragraph (3);
(3) by striking ``Such guidelines shall address'' and
inserting the following:
``(2) Required elements.--The guidelines developed under
paragraph (1) shall--
``(A) address''; and
(4) in paragraph (2) (as designated by paragraph (3))--
(A) by inserting ``that non-Federal interests shall adopt
and enforce'' after ``policies'';
(B) by striking the period at the end and inserting ``;
and''; and
(C) by adding at the end the following:
``(B) require non-Federal interests to take measures to
preserve the level of flood protection provided by a project
to which subsection (a) applies.''.
(b) Applicability.--The amendments made by subsection (a)
shall apply to any project or separable element of a project
with respect to which the Secretary and the non-Federal
interest have not entered a project cooperation agreement on
or before the date of enactment of this Act.
(c) Technical Amendments.--Section 402(b) of the Water
Resources Development Act of 1986 (33 U.S.C. 701b-12(b)) is
amended--
(1) in the subsection heading, by striking ``Flood Plain''
and inserting ``Floodplain''; and
(2) in the first sentence, by striking ``flood plain'' and
inserting ``floodplain''.
SEC. 213. ENVIRONMENTAL DREDGING.
Section 312 of the Water Resources Development Act of 1990
(33 U.S.C. 1272) is amended by adding at the end the
following:
``(g) Nonprofit Entities.--Notwithstanding section 221 of
the Flood Control Act of 1970 (42 U.S.C. 1962d-5b), for any
project carried out under this section, a non-Federal sponsor
may include a nonprofit entity, with the consent of the
affected local government.''.
SEC. 214. REGULATORY ANALYSIS AND MANAGEMENT SYSTEMS DATA.
(a) In General.--Beginning October 1, 2000, the Secretary,
acting through the Chief of Engineers, shall publish, on the
Army Corps of Engineers' Regulatory Program website,
quarterly reports that include all Regulatory Analysis and
Management Systems (RAMS) data.
(b) Data.--Such RAMS data shall include--
(1) the date on which an individual or nationwide permit
application under section 404 of the Federal Water Pollution
Control Act (33 U.S.C. 1344) is first received by the Corps;
(2) the date on which the application is considered
complete;
(3) the date on which the Corps either grants (with or
without conditions) or denies the permit; and
(4) if the application is not considered complete when
first received by the Corps, a description of the reason the
application was not considered complete.
SEC. 215. PERFORMANCE OF SPECIALIZED OR TECHNICAL SERVICES.
(a) Definition of State.--In this section, the term
``State'' has the meaning given the term in section 6501 of
title 31, United States Code.
(b) Authority.--The Corps of Engineers may provide
specialized or technical services to a Federal agency (other
than a Department of Defense agency), State, or local
government of the United States under section 6505 of title
31, United States Code, only if the chief executive of the
requesting entity submits to the Secretary--
(1) a written request describing the scope of the services
to be performed and agreeing to reimburse the Corps for all
costs associated with the performance of the services; and
(2) a certification that includes adequate facts to
establish that the services requested are not reasonably and
quickly available through ordinary business channels.
(c) Corps Agreement To Perform Services.--The Secretary,
after receiving a request described in subsection (b) to
provide specialized or technical services, shall, before
entering into an agreement to perform the services--
(1) ensure that the requirements of subsection (b) are met
with regard to the request for services; and
(2) execute a certification that includes adequate facts to
establish that the Corps is uniquely equipped to perform such
services.
(d) Annual Report to Congress.--
(1) In general.--Not later than the end of each calendar
year, the Secretary shall provide to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate a report identifying any request
submitted by a Federal agency (other than a Department of
Defense agency), State, or local government of the United
States to the Corps to provide specialized or technical
services.
(2) Contents of report.--The report shall include, with
respect to each request described in paragraph (1)--
(A) a description of the scope of services requested;
(B) the certifications required under subsection (b) and
(c);
(C) the status of the request;
(D) the estimated and final cost of the services;
(E) the status of reimbursement;
(F) a description of the scope of services performed; and
(G) copies of all certifications in support of the request.
TITLE III--PROJECT-RELATED PROVISIONS
SEC. 301. BOYDSVILLE, ARKANSAS.
The Secretary shall credit toward the non-Federal share of
the costs of the study to determine the feasibility of the
reservoir and associated improvements in the vicinity of
Boydsville, Arkansas, authorized by section 402 of the Water
Resources Development Act of 1999 (113 Stat. 322), not more
than $250,000 of the costs of the relevant planning and
engineering investigations carried out by State and local
agencies, if the Secretary finds that the investigations are
integral to the scope of the feasibility study.
SEC. 302. WHITE RIVER BASIN, ARKANSAS AND MISSOURI.
Section 374 of the Water Resources Development Act of 1999
(113 Stat. 321) is amended--
(1) in subsection (a), by striking ``the following'' and
all that follows and inserting ``the amounts of project
storage that are recommended by the report required under
subsection (b).''; and
(2) in subsection (b)--
(A) in paragraph (1), by inserting before the period at the
end the following: ``and does not significantly impact other
authorized project purposes'';
(B) in paragraph (2), by striking ``2000'' and inserting
``2002''; and
(C) in paragraph (3)--
(i) by inserting ``and to what extent'' after ``whether'';
(ii) in subparagraph (A), by striking ``and'' at the end;
(iii) in subparagraph (B), by striking the period at the
end and inserting ``; and''; and
(iv) by adding at the end the following:
``(C) project storage should be reallocated to sustain the
tail water trout fisheries.''.
SEC. 303. GASPARILLA AND ESTERO ISLANDS, FLORIDA.
The project for shore protection, Gasparilla and Estero
Island segments, Lee County, Florida, authorized under
section 201 of the Flood Control Act of 1965 (79 Stat. 1073),
by Senate Resolution dated December 17, 1970, and by House
Resolution dated December 15, 1970, is modified to authorize
the Secretary to enter into an agreement with the non-Federal
interest to carry out the project in accordance with section
206 of the Water Resources Development Act of 1992 (33 U.S.C.
426i-1), if the Secretary determines that the project is
technically sound, environmentally acceptable, and
economically justified.
SEC. 304. FORT HALL INDIAN RESERVATION, IDAHO.
(a) In General.--The Secretary shall carry out planning,
engineering, and design of an adaptive ecosystem restoration,
flood damage reduction, and erosion protection project along
the upper Snake River within and adjacent to the Fort Hall
Indian Reservation, Idaho.
(b) Project Justification.--Notwithstanding any other
provision of law or requirement for economic justification,
the Secretary may construct and adaptively manage for 10
years a project under this section if the Secretary
determines that the project--
(1) is a cost-effective means of providing ecosystem
restoration, flood damage reduction, and erosion protection;
(2) is environmentally acceptable and technically feasible;
and
(3) will improve the economic and social conditions of the
Shoshone-Bannok Indian Tribe.
(c) Land, Easements, and Rights-of-Way.--As a condition of
the project described in subsection (a), the Shoshone-Bannock
Indian Tribe shall provide land, easements, and rights-of-way
necessary for implementation of the project.
SEC. 305. UPPER DES PLAINES RIVER AND TRIBUTARIES, ILLINOIS.
The Secretary shall credit toward the non-Federal share of
the costs of the study to determine the feasibility of
improvements to the upper Des Plaines River and tributaries,
phase 2, Illinois and Wisconsin, authorized by section 419 of
the Water Resources Development Act of 1999 (113 Stat. 324),
the costs of work carried out by the non-Federal interests in
Lake County, Illinois, before the date of execution of the
feasibility study cost-sharing agreement, if--
(1) the Secretary and the non-Federal interests enter into
a feasibility study cost-sharing agreement; and
(2) the Secretary finds that the work is integral to the
scope of the feasibility study.
SEC. 306. RED RIVER WATERWAY, LOUISIANA.
The project for mitigation of fish and wildlife losses, Red
River Waterway, Louisiana, authorized by section 601(a) of
the Water Resources Development Act of 1986 (100 Stat. 4142)
and modified by section 4(h) of the Water Resources
Development Act of 1988 (102 Stat. 4016), section 102(p) of
the Water Resources Development Act of 1990 (104 Stat. 4613),
and section 301(b)(7) of the Water Resources Development Act
of 1996 (110 Stat. 3710), is further modified to authorize
the purchase of mitigation land from willing sellers in any
of the parishes that comprise the Red River Waterway
District, consisting of Avoyelles, Bossier, Caddo, Grant,
Natchitoches, Rapides, and Red River Parishes.
SEC. 307. WILLIAM JENNINGS RANDOLPH LAKE, MARYLAND.
The Secretary--
(1) may provide design and construction assistance for
recreational facilities in the State of Maryland at the
William Jennings Randolph Lake (Bloomington Dam), Maryland
and West Virginia, project authorized by section 203 of the
Flood Control Act of 1962 (76 Stat. 1182); and
(2) shall require the non-Federal interest to provide 50
percent of the costs of designing and constructing the
recreational facilities.
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SEC. 308. MISSOURI RIVER VALLEY, MISSOURI.
(a) Short Title.--This section may be cited as the
``Missouri River Valley Improvement Act''.
(b) Findings and Purposes.--
(1) Findings.--Congress finds that--
(A) Lewis and Clark were pioneering naturalists that
recorded dozens of species previously unknown to science
while ascending the Missouri River in 1804;
(B) the Missouri River, which is 2,321 miles long, drains
\1/6\ of the United States, is home to approximately
10,000,000 people in 10 States and 28 Native American tribes,
and is a resource of incalculable value to the United States;
(C) the construction of dams, levees, and river training
structures in the past 150 years has aided navigation, flood
control, and water supply along the Missouri River, but has
reduced habitat for native river fish and wildlife;
(D) river organizations, including the Missouri River Basin
Association, support habitat restoration, riverfront
revitalization, and improved operational flexibility so long
as those efforts do not significantly interfere with uses of
the Missouri River; and
(E) restoring a string of natural places by the year 2004
would aid native river fish and wildlife, reduce flood
losses, enhance recreation and tourism, and celebrate the
bicentennial of Lewis and Clark's voyage.
(2) Purposes.--The purposes of this section are--
(A) to protect, restore, and enhance the fish, wildlife,
and plants, and the associated habitats on which they depend,
of the Missouri River;
(B) to restore a string of natural places that aid native
river fish and wildlife, reduce flood losses, and enhance
recreation and tourism;
(C) to revitalize historic riverfronts to improve quality
of life in riverside communities and attract recreation and
tourism;
(D) to monitor the health of the Missouri River and measure
biological, chemical, geological, and hydrological responses
to changes in Missouri River management;
(E) to allow the Corps of Engineers increased authority to
restore and protect fish and wildlife habitat on the Missouri
River;
(F) to protect and replenish cottonwoods, and their
associated riparian woodland communities, along the upper
Missouri River; and
(G) to educate the public about the economic,
environmental, and cultural importance of the Missouri River
and the scientific and cultural discoveries of Lewis and
Clark.
(c) Definition of Missouri River.--In this section, the
term ``Missouri River'' means the Missouri River and the
adjacent floodplain that extends from the mouth of the
Missouri River (RM 0) to the confluence of the Jefferson,
Madison, and Gallatin Rivers (RM 2341) in the State of
Montana.
(d) Authority To Protect, Enhance, and Restore Fish and
Wildlife Habitat.--Section 9(b) of the Act of December 22,
1944 (58 Stat. 891, chapter 665), is amended--
(1) by striking ``(b) The general'' and inserting the
following:
``(b) Comprehensive Plan.--
``(1) In general.--The general'';
(2) by striking ``paragraph'' and inserting ``subsection'';
and
(3) by adding at the end the following:
``(2) Fish and wildlife habitat.--In addition to carrying
out the duties under the comprehensive plan described in
paragraph (1), the Chief of Engineers shall protect, enhance,
and restore fish and wildlife habitat on the Missouri River
to the extent consistent with other authorized project
purposes.''.
(e) Integration of Activities.--
(1) In general.--In carrying out this section and in
accordance with paragraph (2), the Secretary shall provide
for such activities as are necessary to protect and enhance
fish and wildlife habitat without adversely affecting--
(A) the water-related needs of the Missouri River basin,
including flood control, navigation, hydropower, water
supply, and recreation; and
Amendments:
Cosponsors:
