S9142 CONGRESSIONAL RECORD — SENATE September 25, 2000 Again, I didn’t intend to come to the resources, to authorize the Secretary of the a very important amendment. We cer- floor this afternoon, but nor did I want Army to construct various projects for im- tainly have read a lot about Corps re- to sit and listen to debate which sug- provements to rivers and harbors of the form in the local newspapers, specifi- gests that the minority leader, or the United States, and other purposes. cally the Washington Post, over the Democratic caucus, or anybody else for The PRESIDING OFFICER. There last few months. The stories raised that matter, is at fault for what is tak- will now be 1 hour for closing remarks. very legitimate issues about the eco- Mr. SMITH of New Hampshire. ing place. nomic modeling used to justify some of Madam President, I yield myself such As the Senator from West Virginia these water resources projects. indicated, there is perhaps sufficient time as I may consume. However, it is important to under- The PRESIDING OFFICER. The Sen- blame to go around. I don’t disagree stand that a series of articles in a with that. But I also know that we ator from New Hampshire. Mr. SMITH of New Hampshire. newspaper is no substitute for careful didn’t win the election. I wish we had. Madam President, this is the first consideration of the facts and of the We don’t control the Senate. I wish we major piece of environmental legisla- issues by the Congress. We have the did. tion debated on the floor since I as- oversight responsibility for the Army But between now and the date we fin- Corps, not the Washington Post. ish in this session of Congress, let me sumed the chairmanship of this com- mittee nearly 1 year ago. I am proud to Some Senators, such as Senator encourage those who make schedules FEINGOLD, have proposed reforms that around here to heed the words of the bring the Water Resources Develop- ment Act before the Senate, of which a focus on one element in the Corps re- minority leader, Senator DASCHLE. If major portion is the Everglades which form—whether or not to impose a re- we have a fair number of appropria- quirement that the feasibility reports tions bills remaining and people are I will talk about in a moment. This is a good bill. I am very proud of for certain water resources projects be worrying about whether we are going subject to peer review. Others, such as to get them done, then what Senator it. It is fiscally responsible. At the same time, it recognizes our obligation Senator DASCHLE, introduced more DASCHLE suggests, and I firmly sup- to preserve one of the most important comprehensive bills that would exam- port, is to do one appropriations bill a ine a number of the Corps reform day. Bring up a bill today. It is Mon- and endangered ecosystems in the Na- tion, if not the world—America’s Ever- issues, including peer review. day. It is 3:30. Let’s bring a bill up and The committee needs more informa- debate it and stay here until it is done. glades. This bill gets us back on track to- tion before we can proceed with any That is a sure way of getting the bills ward regular biennial Water Resources bill that would impose peer review on done. It is a sure way of providing ev- Development Act bills. The committee the lengthy project development proc- erybody with an opportunity to be produced a so-called WRDA bill last ess that is already in place. We need to heard. It is also a way perhaps to get year, but that bill was 1 year late. know the benefits of peer review and the votes on the issues I described that I am proud of the WRDA portion of its impacts before starting down that I think this Congress ought to be this bill. This is not a bill that includes road. doing. numerous unnecessary projects. The Senator BAUCUS and I are committed I assume we will have an interesting committee established some tough cri- to examining this issue and other debate in the coming days. I hope Con- teria on which we worked very closely. issues related to the operation and gress will be able to finish its work in We evaluated the old criteria and put management of the Corps of Engineers the next 2 or 3 weeks. I hope that when in new criteria. We scrupulously fol- next year. This will include hearings we finish our work Democrats and Re- lowed this criteria in an effort to not on Corps reform. publicans can together say at the con- let projects make their way into this The hearings will take comments on clusion of the 106th Congress that we bill that did not belong there. the NAS study—the National Academy have done something good for America. As I noted in my opening statement of Sciences study—the bills that have But that will not happen unless things a few days ago, the committee received been introduced, as well as the issue in change, and unless we take a different requests to authorize more than 300 general. tact in the next 3 weeks. There is a list new projects. By holding firm on our I was very encouraged that the nomi- of about 8 or 10 pieces that we ought to criteria in this WRDA bill, we only au- nee to be the next Chief of Engineers, do. Bring them to the floor. Let’s get thorized 23 new projects. We authorize General Flowers, is receptive to work- them done, and then let’s adjourn sine 40 feasibility studies, and the bill con- ing with the Congress on a wide range die feeling we have done something tains 65 project-related provisions or of reform-related issues. good for our country. modifications that affect existing I want to speak specifically about I yield the floor. one major element in this legislation, The PRESIDING OFFICER. In my projects. I remain very concerned about clear- the Everglades. There is an important capacity as a Senator from Maine, I ing the backlog of previously author- element that separates this WRDA bill suggest the absence of a quorum, and ized projects that will not or should from all others, something that makes the clerk will call the roll. this WRDA truly historic. This WRDA The legislative clerk proceeded to not be constructed. Along with Senator bill includes our landmark Everglades call the roll. VOINOVICH, we are working very hard to Mr. SMITH of New Hampshire. clear that backlog. Called the de- bill, S. 2797, the Restoring of the Ever- Madam President, I ask unanimous authorization process, this will be an glades, an American Legacy Act, very consent that the order for the quorum element of the committee’s efforts to carefully named because it is an Amer- call be rescinded. reform the Corps and to get those ican legacy. We do have to restore it. The PRESIDING OFFICER. Without projects deauthorized that should not That is what we have done. We have objection, it is so ordered. be there. begun the process. So many have asked—especially f This bill tightens that process by shortening the length of time that an some of my conservative friends—why WATER RESOURCES authorized project can stay on the should the Federal Government, why DEVELOPMENT ACT OF 2000 books without actual funding. It is not should this Congress take on this long- Mr. SMITH of New Hampshire. the full answer, but it is a good answer, term expensive effort? The answers Madam President, what is the pending and it is a good beginning. really are not that difficult, if you look business before the Senate? During floor consideration of the bill at them. The PRESIDING OFFICER. Under last week, we accepted an amendment First, the Everglades is in real trou- the previous order, the hour of 3:50 p.m. that requires the National Academy of ble, deep trouble. We could lose what is having arrived, the Senate will resume Sciences to perform two studies relat- left of the Everglades in this very gen- consideration of S. 2796, which the ing to independent peer review of the eration. clerk will report. analyses performed by the Corps of En- Secondly, the Federal Government, The legislative clerk read as follows: gineers. despite the best of intentions, is large- A bill (S. 2796) to provide for the conserva- I would like to make a few points ly responsible for the damage that was tion and development of water and related about that amendment because it was done to the Everglades. The Congress September 25, 2000 CONGRESSIONAL RECORD — SENATE S9143 told the Corps of Engineers to drain the alligators and this precious river of The Everglades bill is a great model that swamp in 1948—and drain it they grass of which we are all so proud. for environmental policy development, did, all too well. I am confident, because of the time I a model I endorse, a model I have Finally, the lands owned or managed have spent on this issue, that adaptive worked hard to implement since I have by the Federal Government—four na- assessment or adaptive management— been the chairman. It is cooperative. It tional parks and 16 national wildlife whatever you want to call it—will suc- is not confrontational. It is bipartisan. refuges which comprise half of the re- ceed, even if the plan is modified based It is flexible. It is adaptive. It estab- maining Everglades—will receive the on the new information that we get in lishes a partnership between the Fed- benefits of the restoration. the future. eral Government and the State. So there is a lot of Federal involve- The Everglades portion of WRDA has Already, there is support for this bill ment here. This is a Federal responsi- broad bipartisan support. Every major in the House. Congressman CLAY SHAW bility. There is a compelling Federal constituency involved in the Ever- introduced this bill as H.R. 5121 on Sep- interest. The State of Florida, to its glades restoration supports this bill— tember 7. He deserves credit for his credit, has already stepped up and com- every one of them. leadership in that regard. Many others Is it perfect? Did everybody get ex- mitted $2 billion to the effort. And in the House on both sides of the aisle actly what they wanted? No. But ev- Congress needs to respond to that are ready to join the effort. I am ask- erybody is on board. It is bipartisan pledge. ing my colleagues to join with me in and it is wide ranging. It goes from the Let’s be clear on one thing right now: support of this major piece of legisla- liberal side of the equation to the con- This plan is not without risks. This tion. servative side. It includes the adminis- comprehensive plan is based on the I see my colleague and good friend tration. It includes both Presidential best science we have. Because of the from the State of Florida, Senator candidates: Vice President GORE and very nature of the plan, and the addi- GRAHAM, is on the floor at this time. I Gov. George Bush. It includes the Flor- tional requirements in the bill, we are will yield the floor in just a moment so ida Governor, Jeb Bush. It includes the certain we will know more about the he may speak. Florida Legislature, both sides of the Everglades and the success of the plan Before doing so, I thank him, as well aisle unanimously. It includes the in the future. as Senator MACK, for his absolute and Seminole Tribe of Florida and the To those of you who want guaran- resolute involvement in this project. I tees, who want to be absolutely certain Miccosukee Tribe of Indians in Florida. It includes major industry groups, went to Florida in early January at the every dime we spend is going to be such as the Florida Citrus Mutual, request of Senator GRAHAM and Sen- spent in a way that is going to restore Florida Farm Bureau, Florida Home ator MACK to see for myself what the the Everglades, then I say to you you Builders, The American Water Works situation was. I spent several days probably should not support us because Association, Florida Chamber of Com- there. We had a hearing in Florida. We I cannot make that guarantee. But merce, Florida Fruit and Vegetable As- listened to the people who were speak- what I can say to you is, if we do noth- sociation, Southeast Florida Utility ing on this issue. ing we lose the Everglades. So if you Council, Gulf Citrus Growers Associa- I made a promise at that hearing want to restore this precious national tion, Florida Sugar Cane League, Flor- that I would bring this bill to the Sen- treasure, then you have to be willing to ida Water Environmental Utility Coun- ate floor before the end of the year. take the risk. And we are cutting that cil, Sugar Cane Growers Cooperative of With the help of good people such as risk dramatically by the way we are Florida, Florida Fertilizer and Agri- Senator BOB GRAHAM of Florida and doing this. chemical Association; and environ- Senator MACK, Senator BAUCUS, and But we take risks all the time. We mental groups as well, including the others, we have made that happen. I take risks every time we invest in a National Audubon Society, National thank Senator GRAHAM publicly and new weapons program for the Defense Wildlife Federation, World Wildlife personally for that. His cooperation Department or when we invest in can- Fund, Center for Marine Conservation, has been splendid. Without him, we cer research. I am sure there would be Defenders of Wildlife, National Parks would not be here. no Senator who would come to the Conservation Association, The Ever- I yield the floor so my colleague from floor and say: We have not yet found a glades Foundation, The Everglades Florida may have a chance to address cure for cancer; therefore, we should Trust, Audubon of Florida, 1000 Friends this issue that is so important to his not risk any more money. of Florida, Natural Resources Defense State and to the Nation. We need to take this risk to save this Council, Environmental Defense, and The PRESIDING OFFICER. The Sen- precious ecosystem. It is well worth it. the Sierra Club. ator from Florida is recognized. We have cut the odds. Because of the I think it is pretty unusual to bring Mr. GRAHAM. I thank the Chair. I nature of this plan, and the additional a major environmental bill to the Sen- express my deepest appreciation and requirements in our bill, we are certain ate floor with that breadth of support. gratitude to Senator SMITH for the we are going to know much more about Support for the bill, as it stands today, great leadership he has provided to the the Everglades in the future; and we is even broader than the support that Environment and Public Works Com- are going to be able, through the proc- existed for the administration’s com- mittee in many areas but especially for ess of adaptive management, to change prehensive plan. what he has done for the Florida Ever- every year or so. If something is not We have taken a good product and glades, America’s Everglades. going right, we can pull back, try have made it better. How have we made Senator SMITH, shortly after he as- something new, so we do not waste a it better? It is more fiscally respon- sumed the chairmanship of the com- lot of dollars doing things that we do sible. We defer decisions on some of the mittee, after the untimely death of our not want to do. riskiest new technologies until we have friend and colleague Senator Chafee, We acknowledge uncertainty. The more information from the pilot made one of his first acts as chairman plan acknowledges uncertainty. So projects, which will help us to under- of the committee coming to the Amer- when my colleagues come down and stand whether these projects should be ican Everglades. He did not just come. say there is some uncertainty about continued. It has ground-breaking pro- He absorbed the American Everglades this, we know that. We anticipate that visions to assure that the plan attains through a series of briefings, field vis- this plan will change as we gain more its restoration goals. It has the cre- its, and then concluded with a very knowledge, while we implement it over ation of a true partnership between the long hearing before the annual Ever- the next 36 years. Federal Government and the State. glades Conference. This is a 36-year plan that is going to This type of partnership—State con- At that hearing, Senator SMITH gave spend in the vicinity of $8 billion, split currence in all important decisions and a forum to all the diverse points of equally between the State of Florida regulations—has no precedent in our view as to what should be appropriate and the Federal Government. It works environmental statutes. It has more national policy as it relates to Amer- out to a can of Coke per U.S. citizen detailed and meaningful reports to ica’s Everglades. He gave comfort to per year. That is not a bad investment Congress on the progress of the plan, the people there that these decisions to be able to save the wading birds and almost on a yearly basis. were going to be made in a rational, S9144 CONGRESSIONAL RECORD — SENATE September 25, 2000 thoughtful manner. That contributed time left in this Congressional session. We without the serious surgery that we are immeasurably to the bringing together urge the Senate to pass expeditiously S. 2797, about to sanction by the passage of of all of those groups behind the plan Restoration of the Everglades, An American this legislation. which is before us today. I take this op- Legacy Act. We further urge the Florida Since the passage of the central and Congressional delegation, the Transpor- portunity to thank the Presiding Offi- tation and Infrastructure Committee, its south Florida flood control project in cer’s neighbor from New Hampshire for Water Resources and Environment Sub- 1948, placing the Everglades in the re- the tremendous leadership he has committee, and House Leadership to unite sponsibility of the Corps of Engineers given. with the State, Administration, environ- at the direction of Congress, nearly Earlier today I was listening to Na- mental organizations, and the agriculture, half of the original Everglades have tional Public Radio where there was water utilities and homebuilders stakeholder been drained or otherwise altered. Ac- some grousing about the fact that bi- coalition, to pass the bill in the House of cording to the National Parks and Con- partisanship seems to be a lost compo- Representatives and send it to the President servation Association, the parks and nent of the congressional process. It is for his signature before Congress adjourns for the November elections. the preserves of the Everglades, of not lost on the Senator from New Sincerely, whichever Everglades National Park is Hampshire because he has displayed it Florida Citrus Mutual, Ken Keck; Flor- the jewel, are among the 10 most en- at its very best. On behalf of Senator ida Farm Bureau, Carl B. Loop, Jr.; dangered national parks in the coun- MACK, I express our appreciation for Florida Home Builders, Keith Hetrick; try. that fact. 1000 Friends of Florida, Nathaniel As Florida’s Governor in 1983, I The legislation before us today rep- Reed; Audubon of Florida, Stuart D. launched an effort known as ‘‘Save Our resents an unprecedented compromise Strahl Ph.D.; Center for Marine Con- Everglades.’’ Its purpose was to revi- by national and State environmental servation, David Guggenheim. talize this precious ecosystem. The The American Water Works Association, groups, agriculture and industry. These Florida Section Utility Council, Fred goal was simple. We wanted to turn diverse interests are united in support Rapach; Florida Chamber, Chuck back time. We wanted the Everglades of the Everglades restoration bill, title Littlejohn; Florida Fruit and Vege- to look and function more as they had VI of the Water Resources Develop- table Association, Mike Stuart; South- at the end of the 19th century than ment Act of 2000. This is the legislation east Florida Utility Council, Vernon they did in 1983. we will have the opportunity to pass Hargrave; Gulf Citrus Growers Associa- In 1983, restoring the natural health through the Senate today. tion Association, Ron Hamel; Florida and function of this precious system I ask unanimous consent that a let- Sugar Can League, Phil Parsons; The seemed to be a distant dream. But after ter of support for this bill be printed in Florida Water Environmental Associa- tion Utility Council, Fred Rapach; 17 years of bipartisan progress in the the RECORD. This letter carries with it Sugar Cane Growers Cooperative of context of a strong Federal-State part- the names of many of the groups just Florida, George Wedgworth; Florida nership, we now stand on the brink of listed by Chairman SMITH. Fertilizer and Agri-chemical Associa- this dream becoming a reality. There being no objection, the letter tion, Mary Hartney. I will speak for a moment about this was ordered to be printed in the Defenders of Wildlife, Rodger unprecedented Federal-State partner- RECORD, as follows: Schlickheinsen; The Everglades Foun- ship. I often compare this unique part- SEPTEMBER 14, 2000. dation, Mary Barley; The Everglades nership to a marriage. If both partners Trust, Tom Rumberger; National Au- AN OPEN LETTER ON RESTORATION OF respect each other and pledge to work AMERICA’S EVERGLADES dubon Society, Tom Adams; National Parks Conservation, Mary Munson; Na- through any challenges together, if DEAR FLORIDA CONGRESSIONAL DELEGATION, tional Wildlife Federation, Malia Hale; they are willing to grow together, the CONGRESSIONAL LEADERSHIP, AND COMMITTEE World Wildlife Fund, Shannon Estenoz; marriage will be strong and successful. LEADERSHIP: We are writing to urge Congress Natural Resources Defense Council, Today, we are again celebrating the to take immediate and decisive action on a Brad Sewell. historic accord recently reached on legisla- strength of that marriage. This legisla- tion to protect one of the nation’s most pre- Mr. GRAHAM. Madam President, I tion contains several provisions which cious natural resources, America’s Ever- ask unanimous consent that imme- were born out of the respect that sus- glades. We present a diverse group of inter- diately following my remarks, a letter tains this marriage. ests that includes conservation organiza- from the Environmental Protection It offers assurances to both the Fed- tions, agricultural producers, homebuilders, Agency Administrator, Ms. Browner; eral and the State governments on the water utilities, and others that don’t always Secretary of Interior, Mr. Babbitt; and use and distribution of water in the Ev- agree on Everglades issues. However, we are Assistant Secretary for Civil Works, erglades ecosystem. united with Florida’s two Senators, the bi- It requires that State government partisan leadership of the Senate Committee Mr. Westphal; expressing their support on Environmental and Public Works, the for this legislation also be printed in pay half the costs of construction. It Clinton Administration, and Florida’s Gov- the RECORD. requires the Federal Government to ernor Jeb Bush to endorse a legislative pack- The PRESIDING OFFICER. Without pay half the costs of operation and age that will protect America’s Everglades objection, it is so ordered. maintenance. Everglades restoration while respecting the needs of all water users (See Exhibit 1.) cannot work unless the executive in Florida. Mr. GRAHAM. The Everglades is branch, Congress, and State govern- This legislation, currently embodied in a sick. This sickness has been long com- ment move forward together. The legis- manager’s amendment to S. 2797 and re- cently introduced in the House by Congress- ing. lation before us today accomplishes man Clay Shaw, H.R. 5121, was agreed to as It was approximately 120 years ago that goal. a package and on the condition that all par- that man looked at the Everglades and The legislation before us today rep- ties would support it in the Senate and the realized that it was different, different resents not only unprecedented com- House. We are greatly encouraged that an than almost anything he or she had promise and partnership but also un- agreement has been reached on this basis. seen before, and seeing this phe- precedented complexity. Just as the This legislation can be a sound framework nomenon of the Everglades, made a Panama Canal, which this Congress au- for future management of South Florida’s commitment. The commitment was to thorized almost a hundred years ago, water resources and Congress should approve its orderly implementation as soon as pos- turn the unique into the pedestrian by was the first of its kind, so is Ever- sible. We consider this legislation as cur- converting the Everglades into some- glades restoration. It is the largest, rently drafted to be a fair and balanced plan thing that would look more like man most complex environmental restora- to restore the Everglades while meeting the and woman had seen in other areas of tion project not only in the history of water-related needs of the region. While this country or other areas of the the United States of America but in there are other changes we all would have world. the history of the world. preferred, we believe the long and difficult The result of that has been 120 years The lessons we will learn here will be process has produced a reasonable com- of an effort to change the Everglades, exported to other projects throughout promise. This agreement has brought an unprece- to convert the singular into the com- America and throughout the world. I dented level of support for Everglades’ res- mon. The results of that 120 years have trust that today the Senate will make toration legislation. The greatest threat now brought the Everglades to their cur- the right choice. Today will be the day facing the Everglades is the profound lack of rent position. This cannot be cured the Senate has an opportunity to make September 25, 2000 CONGRESSIONAL RECORD — SENATE S9145 a bipartisan commitment to an Ever- tial restoration objectives while recognizing over the years—and, most specifically, glades restoration plan that reflects a other issues important to the citizens of the last time I was there in January— true partnership between the State and Florida. you realize that the Everglades are in We commend you, along with Senators Federal governments. If we accomplish Max Baucus, Bob Graham and Connie Mack, trouble. As I said earlier, there are no the historic goal of restoring America’s for your leadership and commitment to mak- guarantees here, but I think we have Everglades, then today will be one of ing Everglades legislation a top priority. We cut the odds dramatically. I am very the most precious memories of our stand ready to do all we can to secure pas- optimistic that this will work and children and grandchildren. sage their year. work well. So I am certainly looking In the words of President Lyndon Sincerely, forward to the passage of this bill. I Johnson: BRUCE BABBITT, hope the House will quickly follow suit If future generations are to remember us Secretary of the Inte- so that we can make this law before rior. with gratitude rather than contempt, we the end of the year. CAROL BROWNER, must leave them more than the miracles of I see Senator BAUCUS has arrived. I technology. We must leave them a glimpse of Administrator, Envi- ronmental Protec- want to say before yielding to him how the world as it was in the beginning, not just much I appreciate his help throughout after we got through with it. tion Agency. JOSEPH W. WESTPHAL, this process. It has been a bipartisan Today is the day we have an oppor- Assistant Secretary for effort. We are all guilty of partisanship tunity to leave a glimpse of America’s Civil Works Depart- from time to time, as well we should Everglades as they were when we first ment of the Army. be; I think there are times when par- found them for future generations— The PRESIDING OFFICER. The Sen- tisanship is important. But there was beautiful, serene, a river of grass. ator from New Hampshire is recog- no partisanship on this issue. We Madam President, we have com- nized. worked together on it to bring this bill mended a number of people who have Mr. SMITH of New Hampshire. forward. Senator BAUCUS and his staff worked hard to bring us to this day. I Madam President, I thank my col- were very helpful, and we are grateful. want to take this opportunity to com- league for his very kind remarks. I I yield the floor. mend members of the individual and very much appreciate his hard work on The PRESIDING OFFICER. The Sen- committee staffs in the Senate who behalf of the Everglades, which dates ator from Montana is recognized. have played an immeasurable role in back prior to his time in the Senate, as Mr. BAUCUS. Madam President, I the success we will soon celebrate. we all know, when he was the Governor thank my good friend, Senator SMITH, Many people have worked with Senator of Florida. Then-Governor GRAHAM was for his comments. SMITH, and I want to particularly rec- very instrumental in keeping this I join him in urging my colleagues to ognize Chelsea Henderson, Tom Gibson, project on line. support final passage of the legislation and Stephanie Daigle for their work on I think it is also important to under- before us. behalf of the American Everglades. stand that the Founding Fathers were As we stated on the floor last week, With Senator BAUCUS, I thank Jo-Ellen a lot more brilliant than we sometimes this important bill authorizes projects Darcy and Peter Washburn. With Sen- give them credit. In this process, I for flood control, navigation, shore pro- ator MACK, I thank C.K. Lee. And from think they foresaw an opportunity tection, environmental restoration, my office, I thank Catherine Cyr, who where a Senator from a State such as water supply storage, and recreation. has done work of negotiation that New Hampshire, which has nothing to All very important matters across the would do the most experienced dip- do with the Everglades, could be chair- country. These projects often don’t get lomat honor. man of a committee that would bring headlines or much attention, but they So it is my hope we will grasp the op- forth a major piece of environmental clearly mean a lot to many people. portunity that is before us and com- legislation in conjunction with the Each of these projects meet our com- mence a long adventure—as long an ad- Florida Senators—a piece of environ- mittee criteria. That is important, too, venture as is required to overturn 120 mental legislation as to another State because the Environment and Public years of attempts to convert the Ever- about 2,000 miles to the south. It is a Works Committee gets lots of requests. glades into the common, so that we can remarkable process we have here that The projects are technologically fea- leave to our children and grandchildren would see that happening. I think the sible, economically justified, and envi- an American Everglades which salutes founders knew it. That is why we have ronmentally sound. In addition, each the highest standards of the words a Senate, where we can work these project has a local sponsor willing to ‘‘unique,’’ ‘‘special,’’ and ‘‘unprece- things through in a way that has a na- share a portion of the cost, which is dented.’’ Those are the words that tional touch. something we insist upon in order to properly describe this marvelous sys- As I went down there and saw the Ev- show that the project is important lo- tem of nature. erglades firsthand and had the oppor- cally. Thank you. tunity to have a hearing with Senators Passage of this bill will advance two EXHIBIT 1 GRAHAM and VOINOVICH, who was also projects that are very important for DEPARTMENT OF THE INTERIOR, EN- there, I realized—and I had visited my State of Montana—the fish hatch- VIRONMENTAL PROTECTION AGEN- there many times as a tourist—that ery at Fort Peck Lake and the ex- CY, DEPARTMENT OF THE ARMY, the Everglades was in fact draining, Washington, DC, August 21, 2000. change of cabin site leases in the C.M. Hon. ROBERT SMITH, that some 90 percent of the wading Russell Wildlife Refuge. Chairman, Committee on Environment and Pub- birds were lost, and animals and plant The fish hatchery is particularly im- lic Works, U.S. Senate, Washington, DC. life were dying. On the one hand, on portant since it will create more jobs DEAR MR. CHAIRMAN: We strongly support one side of the Tamiami Trial you had and help our State’s economy in north- your bill. S. 2797, ‘‘Restoring the Everglades, a desert; on the other side you basi- eastern Montana, a part of the State an American Legacy Act,’’ and recommend cally had the wetlands that it was sup- which is, frankly, hurting. its passage by the Senate and House of Rep- posed to be. But the Tamiami Trail is The cabin lease exchange provision resentatives as soon as possible. If enacted, this bill will help achieve the bipartisan goal a dam that needs to be removed to will also benefit the government, of re storing a national treasure, America’s allow that water to flow all through sportsmen, and cabin site owners by Everglades. that ecosystem from Lake Okeechobee acquiring inholdings that are within S. 2797 is the product of hard work and ne- to the Gulf of Mexico. It is a great the refuge and that have high value for gotiation among the Administration, the project. wildlife in return for cabin sites now State of Florida and your Committee. In- People might say, What is the Sen- managed by the Corps. deed, the proposed manager’s amendment re- ator from New Hampshire doing here? Finally, this bill will start us on the flects full agreement between the Adminis- Well, I remember the first time my son path to restoration of that unique na- tration and the State of Florida on the bill. Accordingly, with adoption of the manager’s saw an alligator in Florida as a 6-year- tional treasure known as the Ever- amendment, we will recommend that the old boy. It was a very poignant mo- glades. President sign the bill. The bill represents a ment, and you don’t forget those Last week we heard my colleagues highly effective approach for meeting essen- things. In talking to the park rangers from Florida, as well as the leaders of S9146 CONGRESSIONAL RECORD — SENATE September 25, 2000 the Environment and Public Works I ask unanimous consent that a list He helped us correct many provisions— Committee elaborate on the impor- of the many other people who deserve certainly on the financing end and the tance of this effort. We all know how thanks for their part in making this cost end. We look a lot more closely at important it is. It is one of our natural bill a reality be printed in the RECORD. projects because of him. He was cer- treasures. There being no objection, the mate- tainly a stalwart in seeing that this This provision is a testament to true rial was ordered to be printed in the was a more fiscally responsible item bipartisanship. Senators GRAHAM and RECORD, as follows: than perhaps it may have otherwise MACK have been at the forefront of this SENATE STAFF DESERVING THANKS been. effort. Governor Jeb Bush and the Clin- EPW Committee: Tom Sliter, David Certainly Senator BAUCUS, who I al- ton administration, particularly Inte- Conover, Tom Gibson, Chelsea Henderson, ready thanked, and Senators MACK and rior Secretary Bruce Babbitt, have also Stephanie Daigle, Peter Washburn, and Jo- GRAHAM. As Senator BAUCUS correctly worked closely to achieve this result. Ellen Darcy. said, it seemed as if Senator MACK was And, of course, it could not have hap- Catherine Cyr with Senator Graham; C.K. on the committee. But that is the way pened without the support of Senator Lee with Senator Mack; Ellen Stein with we worked it. They are the two Sen- Senator Voinovich; Rich Worthington with SMITH, our chairman, who put this ators. We worked with them. Senator Senator Voinovich; Kasey Gilette with Sen- issue at the top of the committee’s ator Graham; Ann Loomis with Senator War- GRAHAM, of course, is on the com- agenda this year and has worked tire- ner; and Janine Johnson and Darcie mittee. But we worked together, know- lessly throughout the year to make Tomasallo-Chen with Legislative Counsel. ing that we wanted all the input we this bill happen, and Senator, Army WRDA or Everglades Participants: could get from all of them. VOINOVICH, the subcommittee chair- Assistant Secretary of the Army for Civil The administration was helpful. man. This has been an effort of his as Works, Dr. Joseph Westphal; Michael Davis; Mary Doyle and Peter Umhofer at the well. Jim Smyth; Chip Smith; Earl Stockdale; Department of the Interior. And Sec- Without this bipartisan support in Susan Bond; Larry Prather; Gary Campbell; retary Babbitt who was here for a press Milton Rider; and Stu Appelbaum. Washington, and throughout Florida, Department of the Interior CERP legisla- conference when we announced and re- this project would not be where it is tive team: Secretary Bruce Babbitt; Mary leased the bill; Joe Westphal and Mike today. It would still be on the drawing Doyle, Acting Assistant Secretary for Water Davis from the Department of the board. And the Everglades would still and Science; Peter Umhofer, Senior Advisor; Army; Gary Guzy from EPA; Stu be destined to die. Don Jodrey, Attorney, Office of the Solic- Applebaum, Larry Prather, and many In conclusion, I want to assure our itor; David Watts, Attorney, Office of the So- others from the Corps of Engineers; colleagues that this bill is the right licitor; and Dick Ring, Superintendent, Ever- and Bill Leary from CEQ. thing to do. And it is worthy of their glades National Park. From the State of Florida—they have Environmental Protection Agency: Admin- support. istrator Carol Browner; Gary Guzy; Bob been absolutely fantastic on both sides Before yielding the floor, let me also Dreher; Jamie Grodsky; John Hankinson; of the aisle: David Struhs, Leslie Palm- mention some of the staff who deserve Richard Harvey; Philip Mancusi-Ungaro; er, and Ernie Barnett from the Florida recognition for putting this bill to- Eric Hughes; and Dana Minerva. Department of Environmental Protec- gether. I will submit a longer list for White House Council of Environmental tion; Governor Bush himself, who has the RECORD. Quality: Bill Leary. just been outstanding in conversation But let me mention here my fine STATE OF FLORIDA EVERGLADES TEAM after conversation, working together staff, particularly Jo-Ellen Darcy, who Florida Governors Office: Governor Jeb on all of the provisions of this bill; and is sitting to my immediate left. Her ex- Bush, J. Allison DeFoor, R. Clarke Cooper, Kathy Copeland from the South Flor- pertise and experience in water issues Rick Smith, and Nina Oviedo. ida Water Management District. has been a real asset to me and the Florida Department of Environmental Pro- From Senator BOB GRAHAM’s staff, committee. tection: Secretary David B. Struhs, Ernie Catharine Cyr Ranson and Kasey I’ll also tell you that she has become Barnett, Leslie Palmer, John Outland, and Jennifer Fitzwater. Gilletteand, have been wonderful. We more familiar with the State of Florida South Florida Water Management District: appreciate all they have done. than I think she ever imagined. Executive Director Frank Finch, Kathy Senator MACK’s staff has already And Peter Washburn, who is sitting Copeland, Mike Collins, Tom Teets, John been mentioned by Senator BAUCUS. to Jo-Ellen’s left, a fellow from EPA on Fumero, Elena Bernando, Paul Warner, Abe But I would also like to thank C.K. the staff of the Environment Com- Cooper, and Cecile Ross. Lee, who was really the honorary mem- mittee. He has provided invaluable as- South Florida Ecosystem Restoration ber of the committee staff. sistance in shepherding this bill Task Force: Rock Salt. Senator VOINOVICH’s staff: Ellen through the legislative process, and on Mr. SMITH of New Hampshire. Stein, Rich Worthington; and, of many other issues before the com- Madam President, since both Senator course, Senator BAUCUS’ staff: Tom mittee. GRAHAM and Senator BAUCUS have both Sliter, Jo-Ellen Darcy, and Peter Senator SMITH’s staff, Chelsea Hen- mentioned so many people to thank, Washburn, all worked together in a derson, Stephanie Daigle, and Tom we always run the risk of leaving some- nonpartisan way. We tried to keep the Gibson have similarly provided the one out whenever we do that. With doors open at all times. leadership necessary to get this bill apologies to anyone that I do, I would Of course, my own staff, Dave done. And Senator VOINOVICH’s staff, like to reiterate and reinforce some of Conover, who is the chief of staff on Ellen Stein and Rich Worthington, those who have already been thanked the committee; Ann Klee, Angie were instrumental in negotiating this as well as perhaps a couple more. Giancarlo, and Chelsea Henderson, now bill from the beginning. I think first and foremost we should Maxwell—she found time to get mar- Finally, staff from Senator GRAHAM’s mention Senator John Chafee who cer- ried after they got the Everglades set office, Catharine Cyr, and from Senator tainly started the process of the efforts and ready to go. We let her get married MACK’s office, C.K. Lee, at times prob- on the Everglades, along with Senator and go on her honeymoon and come ably felt that they were on the staff of BAUCUS. I know that John Chafee back to be here for the finale—and the committee for all the time they would be very proud of this moment be- Stephanie Daigle and Tom Gibson, all put into this effort. cause he felt deeply about this eco- brought a great blend of knowledge of All of us in the Senate, and all Flo- system. I think it is a great honor to be the water issues and engineering, as ridians, should appreciate their dedica- here now and be at this point knowing well, to the whole debate. tion and hard work. They are people that John Chafee would have wanted Let me say in closing to my col- whose names aren’t often mentioned. this. It is a great tribute to him be- leagues that when you look back on In fact, to be honest about it, they do cause he started the process. All we did your career in the Senate, I think you most of the hard work. They are true was jump into the harness that he had can be very proud of what you did. servants in the best sense of the term already put on the team. When you cast a vote to save the Ever- because they are doing work for our I also thank Senator VOINOVICH, sub- glades, I don’t know if you are ever country, yet do not seek to have their committee chairman, because he going to regret it. I think it is going to names in headlines. brought a lot of debate on this issue. be a defining moment. Fifty years from September 25, 2000 CONGRESSIONAL RECORD — SENATE S9147 now when the historians look back, you have any doubts and you are wor- Mr. MACK. I appreciate the com- they are going to say when it came ried about every single ‘‘i’’ being dot- ments of my colleague and yield the time to stand up for the Everglades, ted and every ‘‘t’’ being crossed, take floor. they did. I think it will be one of the the risk. You will be glad you did. This SECTON 211, PROJECT DEAUTHORIZATION finest things that you have done in is the right thing to do. Mr. WARNER. Madam President, your careers. I certainly feel that way I am very excited about this action. I Sec. 211 of the Water Resources Devel- about mine. The only regret would be if am very excited by the fact we have opment Act of 2000 includes a provision we didn’t try. We did try, and I believe looked to the future. In politics, some- to accelerate the process to deauthor- we will succeed as a result of the fact times we look to the next election. ize inactive civil works projects. I am that we took this risk. This time, with this vote, we are going concerned, however, that this provision Some have said it would be ‘‘bad poli- to look to the next generation and re- will have unintended consequences for tics,’’—bad politics for the administra- spond so our grandchildren and their deep-draft navigation projects. tion to work with the Republican Con- children will enjoy alligators and wad- In 1986 the Congress authorized many gress on an environmental issue; bad ing birds and the river of grass once port improvement projects after a 16- politics for Republicans to work with again—not only those who have had year deadlock with the Executive the administration with Florida as a the chance to experience it now, but it Branch. At that time, these projects ‘‘swing State’’; that maybe Governor will still be there for centuries to come were authorized according to the Re- George Bush will get too much credit, because of what we did. I am proud of port of the Chief of Engineers. Subse- or AL GORE, who has been closely asso- everyone for help in doing this. quently, with the concurrence of the ciated with the Everglades, is going to EVERGLADES ECOSYSTEM non-Federal sponsor, elements of these get too much credit. There is enough Mr. MACK. Madam President, I rise major projects were constructed in credit to go around. Who cares. today to engage my colleague from phases. For example, in the case of the The point is that most everyone in Florida in a colloquy. Specifically, I Norfolk Harbor and Channels Deep- Florida—and I do not know too many want to clarify our understanding of ening Project, the project authorizes on the other side who do not—supports the portion of the legislation we’re the deepening of the main channels to restoring the Everglades. Let the cred- considering today to restore, preserve 55 feet, deepening anchorages to 55 feet it fall where it may. Let the credit be and protect the Everglades ecosystem. and deepening secondary channels to 45 taken where people want to take it. My understanding is that the Com- feet. But the truth is we did the right thing. prehensive Everglades Restoration Significant progress has been made That is all that matters in the long Plan authorized by this bill create a to deepen our nation’s most active run. balance between state and federal in- ports. These projects are critical to There is a lot of history here. Con- terests in ensuring that the predicted America’s competitiveness in the glob- gress initiated this plan in WRDA in Plan benefits—including benefits to al marketplace and to securing a favor- 1992 when George Bush was in office both state and federal lands—are at- able balance of trade. Like other major and the Democrats were in the major- tained. It is my view that this bill is port navigation projects, construction ity. It then refocused the Everglades intended to recognize and maintain the under the Norfolk Harbor and Channels effort in WRDA in 1996 when the Re- State’s interest in preserving the sov- project has occurred in increments or publicans were in the majority and Bill ereignty, in State law, over the res- phases. The outbound channel, anchor- Clinton was in the White House. ervation and allocation of water within ages and Southern Branch of the Eliza- I think you see that there is plenty the State’s boundaries. It is my further beth River have all been deepened of evidence of bipartisan support. understanding that the Agreement under the current authorization. Work Congress set up the process under called for between the President and is underway to deepen the inbound which this comprehensive plan was de- the Governor of Florida will not result channel to 50-feet, and the Common- veloped, but it was developed by this in a federalization of State water law. wealth has fully funded this increment. administration in cooperation with Florida water law requires that all rea- The remaining elements of the Florida, with tribes, and all other sonable beneficial water uses and nat- project are still vitally important and stakeholders. ural system demands are subject to a wholly supported by the Common- Florida, under Jeb Bush, stepped up public interest balancing test. Imple- wealth of Virginia. The Port of Vir- to the plate and passed the legislation, mentation of the Plan will rely upon ginia is the second busiest general along with the funding, to keep this State law and processes for reserving cargo port on the East Coast and the moving forward even before the Fed- and allocating water for all users, ac- largest port in terms of total cargoes, eral Government made its commit- cording to the principles set out in the which include bulk commodities such ment. Florida made its commitment to legislation before us. It is not the in- as coal and grain. The port complex put their money up. tent of this Act, or the President/Gov- consists of the Newport News Marine When I became chairman, as has al- ernor Agreement required by this Act, Terminal, Norfolk International Ter- ready been said, I took up the mantle to create a procedure where all of the minals, Portsmouth Marine Terminals, and made this a priority. I believe in it. new water made available by the Plan and the Virginia Inland Port. I made this restoration of the Ever- will be allocated to the natural system In fiscal year 2000, over 12 million glades my highest priority. I am very leaving nothing for other water users. tons of containerized cargo moved grateful that my colleagues felt the Rather, the agreement will simply en- through the ports. Virginia’s general same way and joined with me because, sure that water for the natural system cargo facilities are responsible for obviously, we wouldn’t be here if it was is reserved first, and any remaining more than $800 million a year in com- just my priority. It takes at least 51 water may be allocated among other merce and tax revenue. Also, Hampton Senators to have that priority as well users according to the provisions of Roads ranks among the world’s largest or we wouldn’t be here. State water law. I yield to my col- coal exporting ports—handling more The Senate took the plan and made league from Florida, Senator GRAHAM. than 50 tons annually. Virginia’s ports some important modifications, Mr. GRAHAM. Madam President, I are one of the few in this country capa- strengthened it, broadened the support; would join my colleague from Florida, ble of loading and unloading the new Senator VOINOVICH’s input strength- Mr. MACK in clarifying our under- generation of container ships. ened it. standing. I agree with his remarks, and I am concerned that the provision in We are poised to send the bill to the make the further point that the Plan section 211 relating to separable ele- House, a bill that has the support of authorized by this bill will capture a ments in subsection (b)(2), will de- every major south Florida stakeholder, large percentage of the water lost to authorize the 55-foot phases of this the State of Florida, the administra- tide or lost through evapotranspiration project within 1 year. This section fails tion, and I think most Members of the for use by both the built and natural to recognize that it makes good eco- Senate. systems, with the natural system hav- nomic sense, from the federal and state Restoration of the Everglades is not ing priority over the water generated perspective, to construct these large a partisan issue. I ask my colleagues, if by the Plan. projects in phases. S9148 CONGRESSIONAL RECORD — SENATE September 25, 2000 I would ask the Chairman if my un- Mr. MACK. Yes. in the 1930s to dam the Upper Missouri derstanding of this section is correct? Mr. GRAHAM. I agree with the re- River. The result was a massive res- Mr. SMITH of New Hampshire. The marks by my colleague from Florida, ervoir that spans across my great Senator from Virginia, Mr. WARNER, is and I would add that, in my view, the state. correct in his understanding of the po- resolution makes clear that—once the The original authorization legisla- tential impact of the provision. How- conveyance process is complete—the tion for the Fort Peck project, and sub- ever, it is not my intent to deauthorize Secretary of the Army should work sequent revisions and additions, left a large navigation projects which enjoy closely with the parties to which the great many promises unmet. A valley strong state and federal support. The property is conveyed to ensure compat- was flooded, but originally Montana Committee has discussed this matter ibility with the surrounding environ- was promised increased irrigation, low- with the Corps of Engineers and we are ment and the restoration plan. Fur- cost power, and economic development. aware that the provision may inadvert- ther, the resolution requests the Sec- Since the original legislation, numer- ently capture a universe of active, on- retary of the Army report to Congress ous laws have been enacted promising going projects. I can assure my col- in two years on any steps taken to en- increased recreational activities on the league that we will work in conference sure this compatibility and any rec- lake, and also that the federal govern- to be sure that projects like the Nor- ommendations for consideration by the ment would do more to support the fish folk Harbor and Channels project, as Congress. While this is laudable, and and wildlife resources in the area. well as other critically important has my full support, this resolution In this day and age, economic devel- projects are not deauthorized as a re- should not be read to mean the Air opment in rural areas is becoming sult of this provision. Force must add any new hurdles to the more and more dependent upon recre- Mr. WARNER. I thank the Chairman existing base closure and disposal proc- ation and strong fish and wildlife num- and I look forward to working with ess. bers. The Fort Peck area is faced with him on this issue. I have offered two I notice my colleague, Senator a number of realities. First, the area is provisions to clarify the intent of this INHOFE, on the floor. I would ask my in dire need of a fish hatchery. The section to the Chairman. I am aware colleague for his thoughts on the only hatchery in the region to support that the Assistant Secretary of the Homestead matter and ask him if it is warm water species is found in Miles Army’s office also has provided tech- his understanding that the base closure City, Montana. It is struggling to meet nical assistance on this matter. I trust that before we conference with the law clearly sets out the process for dis- the needs of the fisheries in the area, House of Representatives, we will have posing surplus military facilities and yet it continues to fall short. Addition- language recommended by the Corps to that this resolution does not alter or ally, an outbreak of disease or failure correct the scope of this section. amend that law? in the infrastructure at the Miles City Mr. INHOFE. I appreciate the com- hatchery would leave the entire region HOMESTEAD AIR FORCE BASE ments of my colleagues from Florida. I Mr. MACK. Madam President, I rise reeling with no secondary source to have worked in the Armed Services today to call the Senate’s attention to support the area’s fisheries. Committee of the Senate to protect We are also faced with the reality a provision of the bill before us ex- and defend the base closure and dis- that despite the promises given, the pressing the sense of the Senate con- posal process from political manipula- State of Montana has had to foot the cerning Homestead Air Force Base in tion. I would agree that the resolution bill for fish hatchery operations in the Florida. I want to take a moment of in the legislation before us today area. Since about 1950 the State has the Senate’s time today to express my understanding of this resolution and should not be read to mean the Air been funding these operations with lit- my own intent in agreeing to its inclu- Force should delay its decision on the tle to no support from the Corps of En- sion in the bill before us today. disposal of Homestead Air Force Base gineers. A citizens group spanning the As my colleagues are aware, this Air or otherwise alter its decision making State of Montana finally decided to Force base is currently in the disposal process. The law is clear on how sur- make the federal government keep its process set forth by Congress when it plus military facilities in this country promises. established a fair and impartial system are disposed and it is my intent that Last year the citizens group orga- for closing military facilities around this law be followed and adhered to by nized, and state legislation subse- the country. Since Hurricane Andrew the Air Force. I note the presence on quently passed to authorize the sale of devastated the region in 1992, the citi- the floor of the distinguished chairman a warm water fishing stamp to begin zens of South Florida have waited for a of the Armed Services Committee on collecting funds for the eventual oper- disposal decision from the federal gov- the floor. I yield to Senator WARNER. ation and maintenance of the hatchery. ernment. It is anticipated the property Mr. WARNER. I thank my colleague I helped the group work with the Corps could provide a stable economic plat- for his courtesy. I have listened care- of Engineers to ensure that $125,000 in form for a community that is in need fully to the discussion between my col- last year’s budget was allocated to a of jobs and economic development. leagues. I would agree with the re- feasibility study for the project, and Clearly, it is my intent that whatever marks of Senator INHOFE. The base clo- Montanans kept their end of the bar- use to which the property is ultimately sure process now in law should work its gain by finding another $125,000 to put be accomplished in a manner that will in the case of Homestead Air Force match the Corps expenditure. Clearly, does not adversely impact the sur- Base according to the principles set we are putting our money, along with rounding environment or the Ever- forth in the law. No new layers of deci- our sweat, where our mouth is. glades restoration plan we’re consid- sion should be added as a result of the Recreation is part of the local econ- ering today. action we’re taking here today. omy. But the buzzword today is diver- But let me be clear, Mr. President. It Mr. BURNS. Madam President, I rise sity. Diversify your economy. The Fort is emphatically not my intent that this today in support of S. 2796, The Water Peck area depends almost solely on ag- resolution be read by the United States Resources Development Act of 2000. I riculture. More irrigated acres prob- Air Force to mean they should add to, want to thank the Chairman of the En- ably aren’t going to help the area pull alter, or amend the existing process for vironment and Public Works Com- itself up by its boot straps. But a disposing the property at Homestead mittee, Senator SMITH of New Hamp- stronger recreational and tourism in- Air Force Base. It is my strong view shire, and my colleague from Montana, dustry sure will help speed things up. that the process for conveying surplus Senator BAUCUS for working with me A lot of effort has already gone into military property is clearly set forth in to include two provisions in this year’s this project. A state bill has been the law and that process should be fol- bill. passed. The Corps has dedicated a lowed until the final Supplemental En- Earlier this year, I introduced the project manager to the project. Citi- vironmental Impact Statement on the Fort Peck Fish Hatchery Authoriza- zens have raised money and jumped property is completed and the Air tion Act of 2000. As you may know, the over more hurdles than I care to count. Force disposes the property. Fort Peck Reservoir is a very promi- But the bottom line is that this is a Mr. GRAHAM. Will the Senator nent feature of North Eastern Mon- great project with immense support. It yield? tana. The Fort Peck project was built is a good investment in the area, and it September 25, 2000 CONGRESSIONAL RECORD — SENATE S9149 helps the federal government fulfill one in this matter, they have understood assistance provided by the Corps’ pro- thing that it ought to—its promises. the need, and I am grateful that they grams for their continued operation. Unfortunately, everything we wanted have agreed to include it in the man- Dredging and flood control activities wasn’t included in this legislation. As I agers package. are also important to the economic vi- originally drafted the legislation it en- Within WRDA there is a $2 million tality of Oregon. The Corps also oper- sured that the federal government annual authorization to allow the U.S. ates a number of dams in the Columbia would pick up part of the tab for oper- Army Corp of engineers to develop a River basin and the Willamette River ation and maintenance. Unfortunately, program that will allow all eight of its basin that generate clean hydroelectric as Chairman SMITH and Senator BAU- regional offices to market eligible power. CUS worked out the details of the legis- dredged material to public agencies S. 2796 authorizes the study of several lation for inclusion in the Water Re- and private entities for beneficial small aquatic ecosystem restoration sources Development Act, they were reuse. projects in Oregon. It also designated unable to support this provision. I had Beneficial reuse is a concept which the Willamette River basin, Oregon, as hoped that, as in the portion of this has largely been largely underutilized. a priority watershed for a water re- bill dealing with the Everglades, they As a result, dredged material is often source needs assessment. would allow the federal government to dumped on the shorelines of local com- I would like to express my deep con- pick up a larger portion of the oper- munities to their disadvantage, instead cerns about one provision in the bill, ation and maintenance overhead. of sold to construction companies and however. It has come to my attention Second, the legislation continues to other developers who would be eager to that Section 207 of the bill, which is include a section for power delivery have this material available. We have worded very innocuously, would allow that directs the Secretary of the Army known about this strange and ironic, for contracting out of operations and to deliver low cost Pick-Sloan project even tragic, situation for some time, maintenance activities at Federal hy- power to the hatchery. This provision yet until now, not enough has been dropower facilities. The dedicated men in the bill has raised the concerns of done to bring relief to these commu- and women, many of whom are my con- the local electric co-operatives and nities. stituents, who currently provide oper- those that use Pick-Sloan power. I The people of southern New Jersey ations and maintenance at Corps’ hy- have worked with the Corps and the are all too familiar with this situation. dropower facilities in the Pacific local interests to assure that this pro- Current plans by the U.S. Army Corps Northwest are professionals of the vision is not needed as drafted. I have call for more than 20 million cubic highest order. Any problems related to discussed the need for changes with yards of material dredged from the the operations and maintenance at hy- both the Chairman and Senator BAU- Delaware River to be placed on prime dropower facilities on the Columbia CUS. I have secured a commitment from waterfront property along the South- River are the result of the Corps’ fail- both of them to resolve this issue when ern New Jersey shoreline. However, ure to sign a direct funding agreement the legislation goes to conference com- with some effort and encouragement, with the Bonneville Power Administra- mittee. the Army corps has recently identified tion for almost 7 years after being au- Despite this shortcoming with the nearly 13 million cubic yards of that thorized to do so. legislation, I am have worked hard on material for beneficial reuse in trans- As the Water Resources Development the hatchery project and feel it is nec- portation and construction projects Act moves to conference, I urge that essary that we must move ahead as it that would have otherwise been simply this provision be deleted from the bill, has been included. I thank the Com- placed in upland sites. as it already has been in the House mittee for working with me to ensure From this experience, which is also version. the hatchery project was included on happening in port projects in other Mr. ABRAHAM. Madam President, I my behalf. parts of the country, we should learn rise today to offer my thanks to Sen- Another Montana specific provision, that contracting companies, land de- ator SMITH, the chairman of the Envi- recently added to the legislation, al- velopment companies, and major cor- ronment Committee and commend him lows the Corps of Engineers and the porations want this material. This for his successful effort to pass the United States Fish and Wildlife Service means we need to encourage the Army Water Resources Development Act of to dispose of sites that are currently corps to be thinking about ways to 2000. occupied by cabin leases and use the beneficially reuse dredged material up- Included in this legislation is lan- proceeds to purchase land in, or adja- front so that communities will not be guage I crafted with Representatives cent to, the Charles M. Russell Na- confronted with the same problems EHLERS and CAMP to further clarify the tional Wildlife Refuge that surrounds faced by the citizens of Southern New extent of the Great Lakes Governors’ Fort Peck Reservoir. This provision is Jersey. authority over diversions of Great a classic example of a win-win situa- The program created by this legisla- Lakes water to locations outside the tion that will help support recreation tion will give the Army Corps the au- basin. This amendment makes clear and wildlife habitat in the region. By thority and the funding they require to that both diversions of water for use selling these cabin sites, we are reduc- begin actively marketing dredged ma- within the U.S. and exports of water to ing government management consider- terial from projects all across the locations outside the U.S. may occur ations, offering stability to the cabin United States. It recognizes the need to only with the consent of all eight owners, and providing a revenue source keep our nation’s rivers and channels Great Lakes governors. Questions over to purchase inholdings. Senator BAU- efficient and available to maritime the definition of ‘‘diversion’’ made this CUS and I have been working on this traffic while ensuring that local com- clarification necessary. legislation for a few years, and to see it munities are treated fairly. Almost as important, this amend- included in this legislation is a great I would again like to thank chairman ment demonstrates that it is the intent accomplishment for both of us. SMITH, Ranking Member BAUCUS, and of the Congress that the states work Mr. TORRICELLI. Madam President, Senator VOINOVICH for their commit- cooperatively with the Provinces of I rise to address a provision included in ment and attention to this important Ontario and Quebec to develop common WRDA that will help local commu- issue. standards for conservation of Great nities in many parts of the nation deal Mr. SMITH of Oregon. Madam Presi- Lakes water and mechanisms for with- with the burden they often face when dent, I rise to express my support for S. drawals. Such cooperation is crucial if the federal government undertake 2796, the Water Resources Development we are to have equal and effective pro- dredging projects in their region. Act of 2000. This bill, which authorizes grams for conserving these waters and Before discussing the merits of this numerous Army Corps of Engineers’ maintaining the health of the Great legislation, I want to first thank my programs throughout the Nation, is of Lakes. colleagues, particularly Senators vital importance to my state of Or- In closing, let me state that I regret SMITH, BAUCUS, and VOINOVICH for their egon. that my colleague, the senior Senator assistance and cooperation. My col- Oregon has both coastal and inland from Michigan did not join me in this leagues have been remarkably helpful ports that rely heavily on the technical effort. We share differing opinions over S9150 CONGRESSIONAL RECORD — SENATE September 25, 2000 the need for clarification of the 1986 threat to Indian cultural and historic by erosion, and each year some of them act. And while I disagreed with his in- sites that border the river. The WRDA are irretrievably lost as they tumble terpretation of the definition of ‘‘bulk bill under consideration today takes an into the river. Critical points of the fresh water,’’ because diversions of important first step to address these Lewis and Clark trail also follow the water for use within the U.S. are al- problems, and I want to thank all of Missouri through South Dakota, and ready distinctly covered in the 1986 act, my colleagues for their help to secure they are threatened by erosion as well. I nevertheless modified the amendment the passage of this legislation. In par- The elements of the Missouri River at his request, and I share his commit- ticular, Senator JOHNSON, Senator Restoration Act included in WRDA ment to protecting the tremendous re- BAUCUS, Senator SMITH of New Hamp- today address these problems by estab- sources for future generations. shire and Senator VOINOVICH deserve lishing a Missouri River Task Force Mr. MACK. Madam President, I will praise for their efforts to incorporate composed of federal officials, rep- only take a moment of the Senate’s this legislation into the larger bill. It resentatives of the State of South Da- time today—prior to the vote on the is my hope that Congress will adopt kota and area Indian tribes. It will be Water Resources Development Act—to the remaining elements of my com- responsible for developing and imple- acknowledge the importance of this prehensive proposal to restore the Mis- menting a Missouri River Restoration moment and the action the Senate will souri River, including the creation of a Program to reduce sedimentation and take today to restore and preserve Missouri River Trust Fund, in the fore- protect cultural and historic sites America’s Everglades. seeable future. along the river. My colleague, Senator GRAHAM, and I The need for this legislation stems I would like to take a few minutes to have worked for eight years to bring from the construction of a series of fed- explain in detail how this process will this bill to the floor and it gives me eral dams along the Missouri River in work First, the bill establishes a 25- great satisfaction that today it will be the 1950s and 1960s that forever changed member Missouri River Trust. Appoint- approved by the Senate. its flow. For decades, these dams have ments will be made to the Trust by the I want especially to thank Chairman provided affordable electricity for mil- Secretary of the Army. These appoint- SMITH for his dedication to this effort lions of Americans and prevented bil- ments must be in accordance with the over the past few months. He has lions of dollars of damage to down- recommendations of the Governor of worked side-by-side with us to develop stream states by preventing flooding. South Dakota and area Indian tribes to the consensus product we’re voting on They have also created an economi- ensure that there is a strong local today. As we developed this legislation, cally important recreation industry in voice on the Trust. Second, the bill es- he and his staff provided valuable input South Dakota. tablishes a Missouri River Task Force, into the process and we appreciate the However, one of the consequences of chaired by the Secretary of the Army long hours they put in on our behalf. the dams is that they have virtually and including representatives of the Further, I want to—once again—ac- eliminated the ability of the Missouri Department of Interior, Department of knowledge my colleague, Senator River to carry sediment downstream. Energy and Department of Agriculture. GRAHAM. He has worked on Everglades Before the dams, the Missouri was It also includes the Missouri River issues for years—even prior to his time known as the Big Muddy because of the Trust. in the Senate—and it has been a pleas- heavy sediment load it carried. Today, Once funding for this legislation be- ure to work with him over the years as that sediment is deposited on the river comes available, the U.S. Army Corps we worked on the legislation before us. bottom in South Dakota, and signifi- of Engineers will prepare an assess- The Corps of Engineers, the Depart- cant build-ups have occurred where ment of the Missouri River watershed ment of Interior, and the Council on tributaries like the Bad River, White in South Dakota that reviews the im- Environmental Quality have worked River and Niobrara River empty into pact of siltation on the river, including long hours to turn this bill into re- the Missouri. its impact on a variety of issues: the ality. I appreciate the support of these The Bad River, for example, deposits Federal, State and regional economies; agencies throughout the process and millions of tons of silt into the Mis- recreation; hydropower; fish and wild- for the proof—once again—that saving souri River each year. This sediment life; and flood control. Based upon this the Everglades is not a partisan issue. builds up near the cities of Pierre and assessment and other pertinent infor- And finally, I want to acknowledge Ft. Pierre, where it has raised the local mation, the Task Force will develop a the hard work and steadfast support of water table and flooded area homes. Al- plan to improve conservation in the Governor Bush. The State of Florida is ready, Congress has had to authorize a Missouri River watershed; control and a full partner with us in this restora- $35 million project to relocate hundreds remove sediment from the Missouri tion effort, and I believe the work of families. To prevent more serious River; protect recreation on the Mis- we’ve put in together in writing this flooding, the Corps has had to lower re- souri from sedimentation; protect In- bill bodes well for a lasting partnership leases from the Oahe dam, causing a dian and non-Indian cultural and his- on behalf of the Everglades. $12 million annual loss due to re- toric sites from erosion; and improve The Everglades is an American treas- stricted power generation. erosion control along the river. ure. Today we in the Senate will take Farther south, near the city of Once this plan is approved by the a major step forward in passing a res- Springfield, sediment from the Task Force, the Task Force will review toration plan that is rooted in good Niobrara River clogs the Missouri’s proposals from local, state, federal and science, common sense, and consensus. channel for miles. Boats that used to other entities to meet the goals of the I thank everyone who participated in sail from Yankton to Springfield can plan and recommend to the Secretary this process for their hard work and no longer navigate the channel, erod- of the Army which of these proposals dedication to the effort. ing the area’s economy. This problem to carry out. It is the intention of this Mr. DASCHLE. Madam President, I will only grow worse. According to the legislation that the Corps contract am pleased that the Senate is poised to Corps of Engineers, in less than 75 with, or provide grants to, other agen- pass the Water Resources Development years Lewis and Clark lake will fill en- cies and local entities to carry out Act of 2000 (WRDA). This legislation in- tirely with sediment, ending the abil- these projects. To the extent possible, cludes critical provisions to restore the ity of that reservoir to provide flood the Secretary should ensure that ap- Florida Everglades and the Missouri control and seriously threatening the proximately 30 percent of the funds River in South Dakota and I am hope- economies of cities like Yankton and used to carry out these projects are ful that it will be enacted this year. Vermillion. spent on projects within Indian res- Among the provisions of WRDA that In addition to the impact of sediment ervations or administered by Indian will most benefit South Dakota is a on flood control, over 3000 cultural and tribes. The bill authorizes a total of $4 section incorporating elements of S. historic sites important to Indian million per year for the next 10 years 2291, the Missouri River Restoration tribes, including burial grounds, camp- to carry out these goals. Act. I introduced this legislation last sites, and ancient villages, are found While the Task Force will have the May to address the siltation of the Mis- along the Missouri River in the Dako- flexibility it needs to take appropriate souri River in South Dakota and the tas. Many of these sites are threatened actions to restore the Missouri River, September 25, 2000 CONGRESSIONAL RECORD — SENATE S9151 it is my expectation that a significant First, I thank Ellen Stein, Rich Wor- cooperation and compromise. To me, effort will be made to improve con- thington, and Karen Bachman of my this was highlighted dramatically in servation in the Missouri River water- staff for their dedicated effort on this the negotiation over the bill’s discus- shed. Pilot projects have shown already bill. The number of hours they put in sion of the relationship between Home- that the amount of sediment flowing on this is unbelievable. stead Air Force Base and Everglades into the Missouri’s tributaries can be I also thank my chairman, BOB restoration. I particularly thank the reduced by as much as 50 percent with SMITH, and his staff for all their efforts environmental groups—specifically, appropriate conservation practices. If in making this bill a reality, particu- the National Resource Defense Council requested, the Task Force will also larly in the very difficult negotiations and the Sierra Club—for their critical have the authority to work with farm- on the Comprehensive Everglades Res- roles in this effort. ers across the river in Nebraska, for ex- toration Plan. All in all, I think this is a well-bal- ample, to reduce the amount of sedi- My thanks to staff director Dave anced bill that provides authorization ment flowing in from the Niobrara Conover, Tom Gibson, Stephanie to a number of needed water develop- River. Daigle, and Chelsea Henderson Maxwell ment projects across this Nation. I The conceptual underpinnings of this for all the hard work they put in on urge my colleagues to support this leg- legislation were developed through nu- this piece of legislation. islation. merous public discussions that I have As most successful bills in the Sen- I yield the floor. held in South Dakota over the last ate—and I am learning this pretty AMENDMENT NO. 4188 year. Last January, I held a Missouri quickly as a new Member of the Sen- The PRESIDING OFFICER. The Sen- River Summit in the town of Spring- ate—ours has been a product of biparti- ator from New Hampshire. field with Governor Janklow, Lower sanship. Senator MAX BAUCUS and his Brule Sioux Tribe Chairman Mike staff, in putting this bill together, have Mr. SMITH of New Hampshire. I ask Jandreau, and other experts to discuss put in long hours. I recognize the ef- unanimous consent that the amend- how to address these critical problems. forts of minority staff director Tom ment currently at the desk be agreed In April, Governor Janklow and I held Sliter, Jo-Ellen Darcy, and Peter to. This amendment has been agreed to a hearing in Pierre to gather public Washburn for the good work they did by the minority. comment about proposals to restore in putting this legislation together. The PRESIDING OFFICER. The the river. I also acknowledge the work of Sen- question is on agreeing to the amend- I have been pleased by the out- ator BOB GRAHAM and Senator CONNIE ment. pouring of support I have seen for ef- MACK and their staff in helping to forge The amendment (No. 4188) was agreed forts to restore the river. Dozens of a consensus on the Comprehensive Ev- to, as follows: communities such as Yankton, Cham- erglades Restoration Plan. I suspect AMENDMENT NO. 4188 berlain, Springfield, Wagner, they looked at some of the things I was (Purpose: To express the sense of the Con- Pickstown, Mitchell and others have involved in as maybe getting in the gress with respect to U.S.-Canadian co- passed resolutions in support river res- way and holding things up, but I want operation on development of conservation toration. American Rivers, a national them and their staff to know we were standards embodying the principles of leader in river protection, has recog- conscientiously trying to make this water conservation and resource improve- nized this need as well. The legislation something we could all be proud of and ment for making decisions concerning the withdrawal and use of water from the passed today takes the first important get the support of the Senate. I par- Great Lakes Basin, and for other purposes) step we need to take to get this job ticularly thank C.K. Lee of Senator At the appropriate place, insert the fol- MACK’s staff and Catherine Cyr Ranson done. I’d like to thank all those in lowing: South Dakota who contributed to this of Senator GRAHAM’s staff for their process, and my colleagues in the Sen- work. SEC. . EXPORT OF WATER FROM GREAT LAKES. We know the essential role of the (a) ADDITIONAL FINDING. Section 1109(b) of ate for all of their support. I look for- the Water Resources Development Act of ward to our continued work together. Senate Legislative Counsel’s Office in 1986 (42 U.S.C. 1962d–20(b)) is amended by re- Finally, the WRDA bill includes an helping to draft legislation. I thank designating paragraphs (2) and (3) as para- amendment to the Cheyenne River Janine Johnson for her invaluable help. graphs (3) and (4), and by inserting after Sioux Tribe, Lower Brule Sioux Tribe, Again, I think so often we take for paragraph (1) the following: and State of South Dakota Terrestrial granted the terrific work these folks do (2) to encourage the Grant Lakes States, in Wildlife Habitat Restoration Act. This in putting these bills together. consultation with the Provinces of Ontario amendment requires the Corps of Engi- Further, any water resources devel- and Quebec, to develop and implement a neers to meet its legal responsibilities opment bill involves the evaluations of mechanism that provides a common con- to identify and stabilize Indian cul- hundreds of projects and proposals. We servation standard embodying the principles of water conservation and resource improve- tural sites, clean up open dumps, and depend on the Corps of Engineers in ment for making decisions concerning the mitigate wildlife habitat along the supplying information and expertise in withdrawal and use of water from the Great river. It also makes important tech- this process. Larry Prather and his Lakes Basin; nical changes to that law that will help staff at the Legislative Management (b) APPROVAL OF GOVERNORS FOR EXPORT ensure its smooth implementation. It Branch at the Corps have provided in- OF WATER. Section 1109(d) of the Water Re- is my hope that the Corps of Engineers valuable assistance to the Committee sources Development Act of 1986 (42 U.S.C. will respond by working closely with on Environment and Public Works and 1962d–20(d)) is amended by the tribes and the state to clean up to this Senator. I give them the rec- (1) inserting or exported after diverted; and those lands, stabilize Indian cultural ognition they deserve. (2) inserting or export after diversion. sites, and transfer the lands along the As I stated in my opening remarks, (c) SENSE OF THE CONGRESS. It is the Sense when we began debate on this legisla- of the Congress that the Secretary of State river to the tribes and state in a timely should work with the Canadian Government manner. tion, I am proud of the work our com- to encourage and support the Provinces in The PRESIDING OFFICER. The Sen- mittee and subcommittee have accom- the development and implementation of a ator from Ohio. plished in putting together this bill. mechanism and standard concerning the Mr. VOINOVICH. Madam President, This is a disciplined bill that maintains withdrawal and use of water from the Great in a few minutes we will vote on final the committee’s commitment to the Lakes Basin consistent with those mecha- passage of the Water Resources Devel- principles of high standards of engi- nisms and standards developed by the Great opment Act of 2000. The bill is a prod- neering, economic, and environmental Lakes States. uct of months of hard work by the analysis, and adherence to cost-sharing Mr. LEVIN. Madam President, we Committee on Environment and Public principles and resistance to mission have before the Senate the Water Re- Works and the Subcommittee on creep. sources Development Act of 2000. I had Transportation and Infrastructure. I This has not been an easy process, great concern with the amendment of- thank those Senators and staff mem- and we have not always agreed on the fered last week by Senator ABRAHAM bers whose efforts have brought us content of the legislation. But this ef- because the amendment sought to de- where we are today. fort has been marked throughout by fine terms which could have resulted in S9152 CONGRESSIONAL RECORD — SENATE September 25, 2000 increased domestic diversion of Great projects without first having the Chief [Rollcall Vote No. 255 Leg.] Lakes water. This amendment, which of the Corps of Engineers give a report. YEAS—85 was accepted as part of the manager’s That has been something we have said Abraham Edwards Mack package until I asked that it be re- is necessary. Allard Feingold Mikulski moved, could have led to the opposite Ashcroft Fitzgerald Moynihan Second, we are looking at question- Baucus Frist Murkowski of what we need for the Great Lakes. able technology. Everyone has admit- Bayh Graham Murray Specially, the amendment as accepted ted this. Certainly, the chairman of the Bennett Gramm Nickles by the managers last week defined bulk committee, the distinguished Senator Biden Grams Reed Bond Grassley Reid fresh water as ‘‘fresh water extracted from New Hampshire, was very honest Boxer Gregg Robb in amounts intended for transportation about it and straightforward. He said Breaux Hagel Roberts outside the United States by commer- he felt strongly enough about it that Brownback Harkin Rockefeller cial vessel or similar form of mass Bryan Hatch Roth we will have to try some things that Bunning Helms Santorum transportation, without further proc- perhaps have not been proven. This is Burns Hollings Sarbanes essing.’’ This definition could have unprecedented. Byrd Hutchinson Sessions been interpreted as allowing more di- Campbell Hutchison Shelby Third, the amount of money we are Chafee, L. Inouye Smith (NH) version of Great Lakes water within talking about is open ended. We say Cleland Johnson Snowe the United States. This threat to the this will be $7.8 billion in 38 years. But Cochran Kennedy Specter Great Lakes was unacceptable and I when we first started Medicare, ap- Collins Kerrey Stevens would have strongly opposed the Conrad Kerry Thompson proximately the same length of time Craig Kohl Thurmond amendment with that definition. ago, they said it would cost $3.4 billion, Crapo Kyl Torricelli I still have reservations about the and this year it is $232 billion. Daschle Landrieu Voinovich DeWine Leahy Warner amendment because some might try to A major concern I have is changing a use it to argue that the current protec- Dodd Levin Wellstone precedent that has been there for 16 Domenici Lincoln Wyden tions against diversions of Great Lakes years; that is, that the operation and Dorgan Lott water provided by existing law are not maintenance costs should come from Durbin Lugar sufficient. We currently have an effec- the States. Now we are absorbing those NAYS—1 tive veto over bulk removals of Great costs, or at least 50 percent of those Inhofe Lakes water outside of the Great Lakes costs, operation and maintenance, by NOT VOTING—14 basin. When we passed WRDA in 1986, the Federal Government. we acted to make sure that each Great Akaka Jeffords Miller I think we are opening up something Lakes governor would have a veto over Bingaman Lautenberg Schumer here. Yes, it is popular. There is a big Enzi Lieberman Smith (OR) such removals. This protection is le- constituency. It is open ended. It could Feinstein McCain Thomas gally sufficient and we should do noth- Gorton McConnell end up costing us a tremendous ing to imply otherwise. amount of money. The bill (S. 2796), as amended, was If the states formally adopt a con- passed, as follows: servation strategy and standards, and I wanted a chance, Madam President, S. 2796 the governors are currently working on to explain why I have to vote against those standards, such standards might this bill. Be it enacted by the Senate and House of Rep- The PRESIDING OFFICER. The resentatives of the United States of America in provide an additional safeguard to Congress assembled, strengthen our position that our cur- question is on the engrossment and third reading of the bill. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. rent gubernatorial veto policy over (a) SHORT TITLE.—This Act may be cited as bulk removals of Great Lakes water is The bill was ordered to be engrossed the ‘‘Water Resources Development Act of consistent with the rules of inter- for the third reading and was read the 2000’’. national trade. This conservation third time. (b) TABLE OF CONTENTS.—The table of con- strategy and standards might also pro- Mr. SMITH of New Hampshire. tents of this Act is as follows: vide additional protection against re- Madam President, I ask for the yeas Sec. 1. Short title; table of contents. movals from the basin. But I favor and nays. Sec. 2. Definition of Secretary. seeking that additional strength for The PRESIDING OFFICER. Is there a TITLE I—WATER RESOURCES PROJECTS our position in a way which has no pos- sufficient second? Sec. 101. Project authorizations. sible implication that it is necessary. There is a sufficient second. Sec. 102. Small shore protection projects. While this amendment falls short in Sec. 103. Small navigation projects. The bill having been read the third Sec. 104. Removal of snags and clearing and this regard, once offered, it would be time, the question is, Shall it pass? worse if it were not adopted so I will straightening of channels in The clerk will call the roll. navigable waters. not object to it. The assistant legislative clerk called Sec. 105. Small bank stabilization projects. Mr. SMITH of New Hampshire. I yield the roll. Sec. 106. Small flood control projects. the remainder of time to the Senator Mr. NICKLES. I announce that the Sec. 107. Small projects for improvement of from Oklahoma. the quality of the environment. The PRESIDING OFFICER. The Sen- Senator from Kentucky (Mr. MCCON- Sec. 108. Beneficial uses of dredged material. ator from Oklahoma is recognized. NELL), the Senator from Wyoming (Mr. Sec. 109. Small aquatic ecosystem restora- Mr. INHOFE. I thank the leader. THOMAS), the Senator from Wyoming tion projects. First of all, there are no two people I (Mr. ENZI), the Senator from Arizona Sec. 110. Flood mitigation and riverine res- respect more than the two Senators (Mr. MCCAIN), the Senator from Oregon toration. (Mr. SMITH) the Senator from Wash- Sec. 111. Disposal of dredged material on from Florida. They certainly have done beaches. a very good job on the Everglades por- ington (Mr. GORTON), and the Senator TITLE II—GENERAL PROVISIONS tion of the bill. from Vermont (Mr. JEFFORDS) are nec- However, I have to get on record. I essarily absent. Sec. 201. Cooperation agreements with coun- Mr. REID. I announce that the Sen- ties. will oppose the bill because of these Sec. 202. Watershed and river basin assess- elements that have been introduced. ator from Hawaii (Mr. AKAKA), the Sen- ments. This is of great concern to me. Looking ator from New Mexico (Mr. BINGAMAN), Sec. 203. Tribal partnership program. at the fiscal end, I see four reasons we the Senator from California (Mrs. FEIN- Sec. 204. Ability to pay. should not have this on the bill. First STEIN), the Senator from New Jersey Sec. 205. Property protection program. of all, if we do this, and we have al- (Mr. LAUTENBERG), the Senator from Sec. 206. National Recreation Reservation ready done it—and on the Everglades Connecticut (Mr. LIEBERMAN) the Sen- Service. Sec. 207. Operation and maintenance of hy- portion I pleaded with everyone it ator from California (Mr. MILLER), and droelectric facilities. the Senator from New York (Mr. SCHU- should have been a stand-alone bill be- Sec. 208. Interagency and international sup- cause it is too big to be incorporated MER) are necessarily absent. port. into this resources bill—this will be the The result was announced—yeas 85, Sec. 209. Reburial and conveyance author- first time we have actually had nays 1, as follows: ity. September 25, 2000 CONGRESSIONAL RECORD — SENATE S9153 Sec. 210. Approval of construction of dams Sec. 405. Laguna Creek watershed, Cali- TITLE VIII—WILDLIFE REFUGE and dikes. fornia. ENHANCEMENT Sec. 211. Project deauthorization authority. Sec. 406. Oceanside, California. Sec. 801. Short title. Sec. 212. Floodplain management require- Sec. 407. San Jacinto watershed, California. Sec. 802. Purpose. ments. Sec. 408. Choctawhatchee River, Florida. Sec. 803. Definitions. Sec. 213. Environmental dredging. Sec. 409. Egmont Key, Florida. Sec. 804. Conveyance of cabin sites. Sec. 214. Regulatory analysis and manage- Sec. 410. Fernandina Harbor, Florida. Sec. 805. Rights of nonparticipating lessees. ment systems data. Sec. 411. Upper Ocklawaha River and Sec. 806. Conveyance to third parties. Sec. 215. Performance of specialized or tech- Apopka/Palatlakaha River ba- Sec. 807. Use of proceeds. nical services. sins, Florida. Sec. 808. Administrative costs. Sec. 216. Hydroelectric power project fund- Sec. 412. Boise River, Idaho. Sec. 809. Termination of wildlife designa- ing. Sec. 413. Wood River, Idaho. tion. Sec. 217. Assistance programs. Sec. 414. Chicago, Illinois. Sec. 810. Authorization of appropriations. Sec. 218. Funding to process permits. Sec. 415. Boeuf and Black, Louisiana. TITLE IX—MISSOURI RIVER Sec. 219. Program to market dredged mate- Sec. 416. Port of Iberia, Louisiana. RESTORATION rial. Sec. 417. South Louisiana. Sec. 220. National Academy of Sciences Sec. 418. St. John the Baptist Parish, Lou- Sec. 901. Short title. studies. isiana. Sec. 902. Findings and purposes. Sec. 903. Definitions. TITLE III—PROJECT-RELATED Sec. 419. Portland Harbor, Maine. Sec. 904. Missouri River Trust. PROVISIONS Sec. 420. Portsmouth Harbor and Piscataqua River, Maine and New Hamp- Sec. 905. Missouri River Task Force. Sec. 301. Tennessee-Tombigbee Waterway shire. Sec. 906. Administration. Wildlife Mitigation Project, Sec. 421. Searsport Harbor, Maine. Sec. 907. Authorization of appropriations. Alabama and Mississippi. Sec. 422. Merrimack River basin, Massachu- SEC. 2. DEFINITION OF SECRETARY. Sec. 302. Boydsville, Arkansas. setts and New Hampshire. In this Act, the term ‘‘Secretary’’ means Sec. 303. White River Basin, Arkansas and Sec. 423. Port of Gulfport, Mississippi. the Secretary of the Army. Missouri. Sec. 424. Upland disposal sites in New Hamp- TITLE I—WATER RESOURCES PROJECTS Sec. 304. Petaluma, California. shire. Sec. 305. Gasparilla and Estero Islands, Flor- Sec. 425. Southwest Valley, Albuquerque, SEC. 101. PROJECT AUTHORIZATIONS. ida. New Mexico. (a) PROJECTS WITH CHIEF’S REPORTS.—The Sec. 306. Illinois River basin restoration, Il- Sec. 426. Cuyahoga River, Ohio. following projects for water resources devel- linois. Sec. 427. Duck Creek Watershed, Ohio. opment and conservation and other purposes Sec. 307. Upper Des Plaines River and tribu- Sec. 428. Fremont, Ohio. are authorized to be carried out by the Sec- taries, Illinois. Sec. 429. Grand Lake, Oklahoma. retary substantially in accordance with the Sec. 308. Atchafalaya Basin, Louisiana. Sec. 430. Dredged material disposal site, plans, and subject to the conditions, de- Sec. 309. Red River Waterway, Louisiana. Rhode Island. scribed in the respective reports designated Sec. 310. Narraguagus River, Milbridge, Sec. 431. Chickamauga Lock and Dam, Ten- in this subsection: Maine. nessee. (1) BARNEGAT INLET TO LITTLE EGG INLET, Sec. 311. William Jennings Randolph Lake, Sec. 432. Germantown, Tennessee. NEW JERSEY.—The project for shore protec- Maryland. Sec. 433. Horn Lake Creek and Tributaries, tion, Barnegat Inlet to Little Egg Inlet, New Sec. 312. Breckenridge, Minnesota. Tennessee and Mississippi. Jersey, at a total cost of $51,203,000, with an Sec. 313. Missouri River Valley, Missouri. Sec. 434. Cedar Bayou, Texas. estimated Federal cost of $33,282,000 and an Sec. 314. New Madrid County, Missouri. Sec. 435. Houston Ship Channel, Texas. estimated non-Federal cost of $17,921,000, and Sec. 315. Pemiscot County Harbor, Missouri. Sec. 436. San Antonio Channel, Texas. at an estimated average annual cost of Sec. 316. Pike County, Missouri. Sec. 437. Vermont dams remediation. $1,751,000 for periodic nourishment over the Sec. 317. Fort Peck fish hatchery, Montana. Sec. 438. White River watershed below Mud 50-year life of the project, with an estimated Sec. 318. Sagamore Creek, New Hampshire. Mountain Dam, Washington. annual Federal cost of $1,138,000 and an esti- Sec. 319. Passaic River Basin flood manage- Sec. 439. Willapa Bay, Washington. mated annual non-Federal cost of $613,000. ment, New Jersey. Sec. 440. Upper Mississippi River basin sedi- (2) NEW YORK-NEW JERSEY HARBOR.—The Sec. 320. Rockaway Inlet to Norton Point, ment and nutrient study. project for navigation, New York-New Jersey New York. Sec. 441. Cliff Walk in Newport, Rhode Is- Harbor: Report of the Chief of Engineers Sec. 321. John Day Pool, Oregon and Wash- land. dated May 2, 2000, at a total cost of ington. Sec. 442. Quonset Point Channel reconnais- $1,781,234,000, with an estimated Federal cost Sec. 322. Fox Point hurricane barrier, Provi- sance study. of $743,954,000 and an estimated non-Federal dence, Rhode Island. TITLE V—MISCELLANEOUS PROVISIONS cost of $1,037,280,000. Sec. 323. Charleston Harbor, South Carolina. Sec. 501. Visitors centers. (b) PROJECTS SUBJECT TO A FINAL RE- Sec. 324. Savannah River, South Carolina. Sec. 502. CALFED Bay-Delta Program as- PORT.—The following projects for water re- Sec. 325. Houston-Galveston Navigation sistance, California. sources development and conservation and Channels, Texas. Sec. 503. Lake Sidney Lanier, Georgia, home other purposes are authorized to be carried Sec. 326. Joe Pool Lake, Trinity River basin, preservation. out by the Secretary substantially in accord- Texas. Sec. 504. Conveyance of lighthouse, ance with the plans, and subject to the con- Sec. 327. Lake Champlain watershed, Ontonagon, Michigan. ditions, recommended in a final report of the Vermont and New York. Sec. 505. Land conveyance, Candy Lake, Chief of Engineers if a favorable report of the Sec. 328. Mount St. Helens, Washington. Oklahoma. Chief is completed not later than December Sec. 329. Puget Sound and adjacent waters Sec. 506. Land conveyance, Richard B. Rus- 31, 2000: restoration, Washington. sell Dam and Lake, South Caro- (1) FALSE PASS HARBOR, ALASKA.—The Sec. 330. Fox River System, Wisconsin. lina. project for navigation, False Pass Harbor, Sec. 331. Chesapeake Bay oyster restoration. Sec. 507. Cheyenne River Sioux Tribe, Lower Alaska, at a total cost of $15,164,000, with an Sec. 332. Great Lakes dredging levels adjust- Brule Sioux Tribe, and State of estimated Federal cost of $8,238,000 and an ment. South Dakota terrestrial wild- estimated non-Federal cost of $6,926,000. Sec. 333. Great Lakes fishery and ecosystem life habitat restoration. (2) UNALASKA HARBOR, ALASKA.—The restoration. Sec. 508. Export of water from Great Lakes. project for navigation, Unalaska Harbor, Sec. 334. Great Lakes remedial action plans Alaska, at a total cost of $20,000,000, with an and sediment remediation. TITLE VI—COMPREHENSIVE EVERGLADES RESTORATION PLAN estimated Federal cost of $12,000,000 and an Sec. 335. Great Lakes tributary model. estimated non-Federal cost of $8,000,000. Sec. 336. Treatment of dredged material Sec. 601. Comprehensive Everglades Restora- (3) RIO DE FLAG, ARIZONA.—The project for from Long Island Sound. tion Plan. flood damage reduction, Rio de Flag, Ari- Sec. 337. New England water resources and Sec. 602. Sense of the Senate concerning zona, at a total cost of $24,072,000, with an es- ecosystem restoration. Homestead Air Force Base. timated Federal cost of $15,576,000 and an es- Sec. 338. Project deauthorizations. TITLE VII—MISSOURI RIVER timated non-Federal cost of $8,496,000. Sec. 339. Bogue Banks, Carteret County, PROTECTION AND IMPROVEMENT (4) TRES RIOS, ARIZONA.—The project for en- North Carolina. Sec. 701. Short title. vironmental restoration, Tres Rios, Arizona, TITLE IV—STUDIES Sec. 702. Findings and purposes. at a total cost of $99,320,000, with an esti- Sec. 401. Baldwin County, Alabama. Sec. 703. Definitions. mated Federal cost of $62,755,000 and an esti- Sec. 402. Bono, Arkansas. Sec. 704. Missouri River Trust. mated non-Federal cost of $36,565,000. Sec. 403. Cache Creek Basin, California. Sec. 705. Missouri River Task Force. (5) LOS ANGELES HARBOR, CALIFORNIA.—The Sec. 404. Estudillo Canal watershed, Cali- Sec. 706. Administration. project for navigation, Los Angeles Harbor, fornia. Sec. 707. Authorization of appropriations. California, at a total cost of $153,313,000, with S9154 CONGRESSIONAL RECORD — SENATE September 25, 2000

an estimated Federal cost of $43,735,000 and is compatible with, and integral to, the (1) CAPE CORAL SOUTH SPREADER WATERWAY, an estimated non-Federal cost of $109,578,000. project. FLORIDA.—Project for navigation, Cape Coral (6) MURRIETA CREEK, CALIFORNIA.—The (17) CHESTERFIELD, MISSOURI.—The project South Spreader Waterway, Lee County, Flor- project for flood control, Murrieta Creek, to implement structural and nonstructural ida. California, at a total cost of $90,865,000, with measures to prevent flood damage to Ches- (2) HOUMA NAVIGATION CANAL, LOUISIANA.— an estimated Federal cost of $25,555,000 and terfield, Missouri, and the surrounding area, Project for navigation, Houma Navigation an estimated non-Federal cost of $65,310,000. at a total cost of $67,700,000, with an esti- Canal, Terrebonne Parish, Louisiana. (7) PINE FLAT DAM, CALIFORNIA.—The mated Federal cost of $44,000,000 and an esti- (3) VIDALIA PORT, LOUISIANA.—Project for project for fish and wildlife restoration, Pine mated non-Federal cost of $23,700,000. navigation, Vidalia Port, Louisiana. Flat Dam, California, at a total cost of (18) RARITAN BAY AND SANDY HOOK BAY, SEC. 104. REMOVAL OF SNAGS AND CLEARING $34,000,000, with an estimated Federal cost of PORT MONMOUTH, NEW JERSEY.—The project AND STRAIGHTENING OF CHANNELS $22,000,000 and an estimated non-Federal cost for shore protection, Raritan Bay and Sandy IN NAVIGABLE WATERS. of $12,000,000. Hook Bay, Port Monmouth, New Jersey, at a The Secretary shall conduct a study for (8) RANCHOS PALOS VERDES, CALIFORNIA.— total cost of $32,064,000, with an estimated each of the following projects and, if the Sec- The project for environmental restoration, Federal cost of $20,842,000 and an estimated retary determines that a project is appro- Ranchos Palos Verdes, California, at a total non-Federal cost of $11,222,000, and at an esti- priate, may carry out the project under sec- cost of $18,100,000, with an estimated Federal mated average annual cost of $2,468,000 for tion 3 of the Act of March 2, 1945 (33 U.S.C. 604): cost of $11,800,000 and an estimated non-Fed- periodic nourishment over the 50-year life of (1) BAYOU MANCHAC, LOUISIANA.—Project for eral cost of $6,300,000. the project, with an estimated annual Fed- removal of snags and clearing and straight- (9) SANTA BARBARA STREAMS, CALIFORNIA.— eral cost of $1,234,000 and an estimated an- ening of channels for flood control, Bayou The project for flood damage reduction, nual non-Federal cost of $1,234,000. Manchac, Ascension Parish, Louisiana. Santa Barbara Streams, Lower Mission (19) MEMPHIS, TENNESSEE.—The project for (2) BLACK BAYOU AND HIPPOLYTE COULEE, Creek, California, at a total cost of ecosystem restoration, Wolf River, Memphis, LOUISIANA.—Project for removal of snags and $18,300,000, with an estimated Federal cost of Tennessee, at a total cost of $10,933,000, with clearing and straightening of channels for $9,200,000 and an estimated non-Federal cost an estimated Federal cost of $7,106,000 and an flood control, Black Bayou and Hippolyte of $9,100,000. estimated non-Federal cost of $3,827,000. Coulee, Calcasieu Parish, Louisiana. (10) UPPER NEWPORT BAY HARBOR, CALI- (20) JACKSON HOLE, WYOMING.— SEC. 105. SMALL BANK STABILIZATION FORNIA.—The project for environmental res- (A) IN GENERAL.—The project for environ- toration, Upper Newport Bay Harbor, Cali- PROJECTS. mental restoration, Jackson Hole, Wyoming, The Secretary shall conduct a study for fornia, at a total cost of $32,475,000, with an at a total cost of $52,242,000, with an esti- estimated Federal cost of $21,109,000 and an each of the following projects and, if the Sec- mated Federal cost of $33,957,000 and an esti- retary determines that a project is feasible, estimated non-Federal cost of $11,366,000. mated non-Federal cost of $18,285,000. (11) WHITEWATER RIVER BASIN, CALI- may carry out the project under section 14 of (B) NON-FEDERAL SHARE.— FORNIA.—The project for flood damage reduc- the Flood Control Act of 1946 (33 U.S.C. 701r): (i) IN GENERAL.—The non-Federal share of (1) BAYOU DES GLAISES, LOUISIANA.—Project tion, Whitewater River basin, California, at the costs of the project may be provided in a total cost of $27,570,000, with an estimated for emergency streambank protection, cash or in the form of in-kind services or ma- Federal cost of $17,920,000 and an estimated Bayou des Glaises (Lee Chatelain Road), terials. non-Federal cost of $9,650,000. Avoyelles Parish, Louisiana. (ii) CREDIT.—The non-Federal interest (12) DELAWARE COAST FROM CAPE HENLOPEN (2) BAYOU PLAQUEMINE, LOUISIANA.—Project shall receive credit toward the non-Federal TO FENWICK ISLAND, DELAWARE.—The project for emergency streambank protection, High- share of project costs for design and con- for shore protection, Delaware Coast from way 77, Bayou Plaquemine, Iberville Parish, struction work carried out by the non-Fed- Cape Henlopen to Fenwick Island, Delaware, Louisiana. eral interest before the date of execution of at a total cost of $5,633,000, with an esti- (3) HAMMOND, LOUISIANA.—Project for a project cooperation agreement for the mated Federal cost of $3,661,000 and an esti- emergency streambank protection, Fagan project, if the Secretary finds that the work mated non-Federal cost of $1,972,000, and at Drive Bridge, Hammond, Louisiana. is integral to the project. an estimated average annual cost of $920,000 (4) IBERVILLE PARISH, LOUISIANA.—Project for periodic nourishment over the 50-year life (21) OHIO RIVER.— for emergency streambank protection, of the project, with an estimated annual (A) IN GENERAL.—The program for protec- Iberville Parish, Louisiana. Federal cost of $460,000 and an estimated an- tion and restoration of fish and wildlife habi- (5) LAKE ARTHUR, LOUISIANA.—Project for nual non-Federal cost of $460,000. tat in and along the main stem of the Ohio emergency streambank protection, Parish River, consisting of projects described in a (13) TAMPA HARBOR, FLORIDA.—Modification Road 120 at Lake Arthur, Louisiana. of the project for navigation, Tampa Harbor, comprehensive plan, at a total cost of (6) LAKE CHARLES, LOUISIANA.—Project for Florida, authorized by section 4 of the Act of $307,700,000, with an estimated Federal cost emergency streambank protection, Pithon September 22, 1922 (42 Stat. 1042, chapter 427), of $200,000,000 and an estimated non-Federal Coulee, Lake Charles, Calcasieu Parish, Lou- to deepen the Port Sutton Channel, at a cost of $107,700,000. isiana. total cost of $6,000,000, with an estimated (B) NON-FEDERAL SHARE.— (7) LOGGY BAYOU, LOUISIANA.—Project for Federal cost of $4,000,000 and an estimated (i) IN GENERAL.—The non-Federal share of emergency streambank protection, Loggy non-Federal cost of $2,000,000. the costs of any project under the program Bayou, Bienville Parish, Louisiana. (14) JOHN T. MYERS LOCK AND DAM, INDIANA may be provided in cash or in the form of in- (8) SCOTLANDVILLE BLUFF, LOUISIANA.— AND KENTUCKY.—The project for navigation, kind services or materials. Project for emergency streambank protec- John T. Myers Lock and Dam, Ohio River, (ii) CREDIT.—The non-Federal interest tion, Scotlandville Bluff, East Baton Rouge Indiana and Kentucky, at a total cost of shall receive credit toward the non-Federal Parish, Louisiana. $182,000,000. The costs of construction of the share of project costs for design and con- SEC. 106. SMALL FLOOD CONTROL PROJECTS. 1 struction work carried out by the non-Fed- project shall be paid ⁄2 from amounts appro- The Secretary shall conduct a study for priated from the general fund of the Treas- eral interest before the date of execution of each of the following projects and, if the Sec- ury and 1⁄2 from amounts appropriated from a project cooperation agreement for the retary determines that a project is feasible, the Inland Waterways Trust Fund. project, if the Secretary finds that the work may carry out the project under section 205 (15) GREENUP LOCK AND DAM, KENTUCKY.— is integral to the project. of the Flood Control Act of 1948 (33 U.S.C. The project for navigation, Greenup Lock SEC. 102. SMALL SHORE PROTECTION PROJECTS. 701s): and Dam, Ohio River, Kentucky, at a total The Secretary shall conduct a study for (1) WEISER RIVER, IDAHO.—Project for flood cost of $175,500,000. The costs of construction each of the following projects, and if the Sec- damage reduction, Weiser River, Idaho. of the project shall be paid 1⁄2 from amounts retary determines that a project is feasible, (2) BAYOU TETE L’OURS, LOUISIANA.—Project appropriated from the general fund of the may carry out the project under section 3 of for flood control, Bayou Tete L’Ours, Lou- Treasury and 1⁄2 from amounts appropriated the Act of August 13, 1946 (33 U.S.C. 426g): isiana. from the Inland Waterways Trust Fund. (1) LAKE PALOURDE, LOUISIANA.—Project for (3) BOSSIER CITY, LOUISIANA.—Project for (16) MORGANZA, LOUISIANA, TO GULF OF MEX- beach restoration and protection, Highway flood control, Red Chute Bayou levee, Bos- ICO.— 70, Lake Palourde, St. Mary and St. Martin sier City, Louisiana. (A) IN GENERAL.—The project for hurricane Parishes, Louisiana. (4) BRAITHWAITE PARK, LOUISIANA.—Project protection, Morganza, Louisiana, to the Gulf (2) ST. BERNARD, LOUISIANA.—Project for for flood control, Braithwaite Park, Lou- of Mexico, at a total cost of $550,000,000, with beach restoration and protection, Bayou isiana. an estimated Federal cost of $358,000,000 and Road, St. Bernard, Louisiana. (5) CANE BEND SUBDIVISION, LOUISIANA.— an estimated non-Federal cost of $192,000,000. SEC. 103. SMALL NAVIGATION PROJECTS. Project for flood control, Cane Bend Subdivi- (B) CREDIT.—The non-Federal interests The Secretary shall conduct a study for sion, Bossier Parish, Louisiana. shall receive credit toward the non-Federal each of the following projects and, if the Sec- (6) CROWN POINT, LOUISIANA.—Project for share of project costs for the costs of any retary determines that a project is feasible, flood control, Crown Point, Louisiana. work carried out by the non-Federal inter- may carry out the project under section 107 (7) DONALDSONVILLE CANALS, LOUISIANA.— ests for interim flood protection after March of the River and Harbor Act of 1960 (33 U.S.C. Project for flood control, Donaldsonville Ca- 31, 1989, if the Secretary finds that the work 577): nals, Louisiana. September 25, 2000 CONGRESSIONAL RECORD — SENATE S9155

(8) GOOSE BAYOU, LOUISIANA.—Project for SEC. 108. BENEFICIAL USES OF DREDGED MATE- (15) CENTRAL AMAZON CREEK, OREGON.— flood control, Goose Bayou, Louisiana. RIAL. Project for aquatic ecosystem restoration, (9) GUMBY DAM, LOUISIANA.—Project for The Secretary may carry out the following Central Amazon Creek, Oregon. flood control, Gumby Dam, Richland Parish, projects under section 204 of the Water Re- (16) DELTA PONDS, OREGON.—Project for Louisiana. sources Development Act of 1992 (33 U.S.C. aquatic ecosystem restoration, Delta Ponds, (10) HOPE CANAL, LOUISIANA.—Project for 2326): Oregon. flood control, Hope Canal, Louisiana. (1) HOUMA NAVIGATION CANAL, LOUISIANA.— (17) EUGENE MILLRACE, OREGON.—Project (11) JEAN LAFITTE, LOUISIANA.—Project for Project to make beneficial use of dredged for aquatic ecosystem restoration, Eugene flood control, Jean Lafitte, Louisiana. material from a Federal navigation project Millrace, Oregon. (12) LOCKPORT TO LAROSE, LOUISIANA.— that includes barrier island restoration at (18) MEDFORD, OREGON.—Project for aquatic Project for flood control, Lockport to the Houma Navigation Canal, Terrebonne ecosystem restoration, Bear Creek water- Larose, Louisiana. Parish, Louisiana. shed, Medford, Oregon. (13) LOWER LAFITTE BASIN, LOUISIANA.— (2) MISSISSIPPI RIVER GULF OUTLET, MILE -3 (19) ROSLYN LAKE, OREGON.—Project for Project for flood control, Lower Lafitte TO MILE -9, LOUISIANA.—Project to make ben- aquatic ecosystem restoration, Roslyn Lake, Basin, Louisiana. eficial use of dredged material from a Fed- Oregon. (14) OAKVILLE TO LAREUSSITE, LOUISIANA.— eral navigation project that includes dredg- (b) SALMON RIVER, IDAHO.— Project for flood control, Oakville to ing of the Mississippi River Gulf Outlet, mile (1) CREDIT.—The non-Federal interests LaReussite, Louisiana. -3 to mile -9, St. Bernard Parish, Louisiana. with respect to the proposed project for (15) PAILET BASIN, LOUISIANA.—Project for aquatic ecosystem restoration, Salmon (3) MISSISSIPPI RIVER GULF OUTLET, MILE 11 flood control, Pailet Basin, Louisiana. River, Idaho, may receive credit toward the TO MILE 4, LOUISIANA.—Project to make bene- (16) POCHITOLAWA CREEK, LOUISIANA.— ficial use of dredged material from a Federal non-Federal share of project costs for work, Project for flood control, Pochitolawa Creek, consisting of surveys, studies, and develop- Louisiana. navigation project that includes dredging of the Mississippi River Gulf Outlet, mile 11 to ment of technical data, that is carried out by (17) ROSETHORN BASIN, LOUISIANA.—Project mile 4, St. Bernard Parish, Louisiana. the non-Federal interests in connection with for flood control, Rosethorn Basin, Lou- the project, if the Secretary finds that the isiana. (4) PLAQUEMINES PARISH, LOUISIANA.— Project to make beneficial use of dredged work is integral to the project. (18) SHREVEPORT, LOUISIANA.—Project for (2) MAXIMUM AMOUNT OF CREDIT.—The flood control, Twelve Mile Bayou, Shreve- material from a Federal navigation project that includes marsh creation at the con- amount of the credit under paragraph (1), to- port, Louisiana. gether with other credit afforded, shall not (19) STEPHENSVILLE, LOUISIANA.—Project tained submarine maintenance dredge sedi- ment trap, Plaquemines Parish, Louisiana. exceed the non-Federal share of the cost of for flood control, Stephensville, Louisiana. the project under section 206 of the Water (20) ST. JOHN THE BAPTIST PARISH, LOU- (5) OTTAWA COUNTY, OHIO.—Project to pro- tect, restore, and create aquatic and related Resources Development Act of 1996 (33 U.S.C. ISIANA.—Project for flood control, St. John 2330). the Baptist Parish, Louisiana. habitat using dredged material, East Harbor State Park, Ottawa County, Ohio. SEC. 110. FLOOD MITIGATION AND RIVERINE (21) MAGBY CREEK AND VERNON BRANCH, MIS- RESTORATION. SISSIPPI.—Project for flood control, Magby SEC. 109. SMALL AQUATIC ECOSYSTEM RESTORA- Section 212(e) of the Water Resources De- Creek and Vernon Branch, Lowndes County, TION PROJECTS. velopment Act of 1999 (33 U.S.C. 2332(e)) is Mississippi. amended— (a) IN GENERAL.—The Secretary may carry (22) FRITZ LANDING, TENNESSEE.—Project (1) in paragraph (22), by striking ‘‘and’’ at out the following projects under section 206 for flood control, Fritz Landing, Tennessee. the end; of the Water Resources Development Act of SEC. 107. SMALL PROJECTS FOR IMPROVEMENT (2) in paragraph (23), by striking the period 1996 (33 U.S.C. 2330): OF THE QUALITY OF THE ENVIRON- at the end and inserting ‘‘; and’’; and (1) BRAUD BAYOU, LOUISIANA.—Project for MENT. (3) by adding at the end the following: aquatic ecosystem restoration, Braud Bayou, The Secretary shall conduct a study for ‘‘(24) Perry Creek, Iowa.’’. each of the following projects and, if the Sec- Spanish Lake, Ascension Parish, Louisiana. SEC. 111. DISPOSAL OF DREDGED MATERIAL ON (2) BURAS MARINA, LOUISIANA.—Project for retary determines that a project is appro- BEACHES. aquatic ecosystem restoration, Buras Ma- priate, may carry out the project under sec- Section 217 of the Water Resources Devel- tion 1135(a) of the Water Resources Develop- rina, Buras, Plaquemines Parish, Louisiana. opment Act of 1999 (113 Stat. 294) is amended ment Act of 1986 (33 U.S.C. 2309a(a)): (3) COMITE RIVER, LOUISIANA.—Project for by adding at the end the following: (1) BAYOU SAUVAGE NATIONAL WILDLIFE REF- aquatic ecosystem restoration, Comite River ‘‘(f) FORT CANBY STATE PARK, BENSON UGE, LOUISIANA.—Project for improvement of at Hooper Road, Louisiana. BEACH, WASHINGTON.—The Secretary may de- the quality of the environment, Bayou (4) DEPARTMENT OF ENERGY 21-INCH PIPELINE sign and construct a shore protection project Sauvage National Wildlife Refuge, Orleans CANAL, LOUISIANA.—Project for aquatic eco- at Fort Canby State Park, Benson Beach, Parish, Louisiana. system restoration, Department of Energy Washington, including beneficial use of (2) GULF INTRACOASTAL WATERWAY, BAYOU 21-inch Pipeline Canal, St. Martin Parish, dredged material from Federal navigation PLAQUEMINE, LOUISIANA.—Project for im- Louisiana. projects as provided under section 145 of the provement of the quality of the environ- (5) LAKE BORGNE, LOUISIANA.—Project for Water Resources Development Act of 1976 (33 ment, Gulf Intracoastal Waterway, Bayou aquatic ecosystem restoration, southern U.S.C. 426j).’’. Plaquemine, Iberville Parish, Louisiana. shores of Lake Borgne, Louisiana. TITLE II—GENERAL PROVISIONS (3) GULF INTRACOASTAL WATERWAY, MILES (6) LAKE MARTIN, LOUISIANA.—Project for SEC. 201. COOPERATION AGREEMENTS WITH 220 TO 222.5, LOUISIANA.—Project for improve- aquatic ecosystem restoration, Lake Martin, COUNTIES. ment of the quality of the environment, Gulf Louisiana. Section 221(a) of the Flood Control Act of Intracoastal Waterway, miles 220 to 222.5, (7) LULING, LOUISIANA.—Project for aquatic 1970 (42 U.S.C. 1962d–5b(a)) is amended in the Vermilion Parish, Louisiana. ecosystem restoration, Luling Oxidation second sentence— (4) GULF INTRACOASTAL WATERWAY, WEEKS Pond, St. Charles Parish, Louisiana. (1) by striking ‘‘State legislative’’; and BAY, LOUISIANA.—Project for improvement of (8) MANDEVILLE, LOUISIANA.—Project for (2) by inserting before the period at the end the quality of the environment, Gulf Intra- aquatic ecosystem restoration, Mandeville, the following: ‘‘of the State or a body politic coastal Waterway, Weeks Bay, Iberia Parish, St. Tammany Parish, Louisiana. of the State’’. Louisiana. (9) ST. JAMES, LOUISIANA.—Project for SEC. 202. WATERSHED AND RIVER BASIN ASSESS- (5) LAKE FAUSSE POINT, LOUISIANA.—Project aquatic ecosystem restoration, St. James, MENTS. for improvement of the quality of the envi- Louisiana. Section 729 of the Water Resources Devel- ronment, Lake Fausse Point, Louisiana. (10) MINES FALLS PARK, NEW HAMPSHIRE.— opment Act of 1986 (100 Stat. 4164) is amended (6) LAKE PROVIDENCE, LOUISIANA.—Project Project for aquatic ecosystem restoration, to read as follows: for improvement of the quality of the envi- Mines Falls Park, New Hampshire. ‘‘SEC. 729. WATERSHED AND RIVER BASIN AS- ronment, Old River, Lake Providence, Lou- (11) NORTH HAMPTON, NEW HAMPSHIRE.— SESSMENTS. isiana. Project for aquatic ecosystem restoration, ‘‘(a) IN GENERAL.—The Secretary may as- (7) NEW RIVER, LOUISIANA.—Project for im- Little River Salt Marsh, North Hampton, sess the water resources needs of river basins provement of the quality of the environ- New Hampshire. and watersheds of the United States, includ- ment, New River, Ascension Parish, Lou- (12) HIGHLAND COUNTY, OHIO.—Project for ing needs relating to— isiana. aquatic ecosystem restoration, Rocky Fork ‘‘(1) ecosystem protection and restoration; (8) ERIE COUNTY, OHIO.—Project for im- Lake, Clear Creek floodplain, Highland ‘‘(2) flood damage reduction; provement of the quality of the environ- County, Ohio. ‘‘(3) navigation and ports; ment, Sheldon’s Marsh State Nature Pre- (13) HOCKING COUNTY, OHIO.—Project for ‘‘(4) watershed protection; serve, Erie County, Ohio. aquatic ecosystem restoration, Long Hollow ‘‘(5) water supply; and (9) MUSHINGUM COUNTY, OHIO.—Project for Mine, Hocking County, Ohio. ‘‘(6) drought preparedness. improvement of the quality of the environ- (14) TUSCARAWAS COUNTY, OHIO.—Project for ‘‘(b) COOPERATION.—An assessment under ment, Dillon Reservoir watershed, Licking aquatic ecosystem restoration, Huff Run, subsection (a) shall be carried out in co- River, Mushingum County, Ohio. Tuscarawas County, Ohio. operation and coordination with— S9156 CONGRESSIONAL RECORD — SENATE September 25, 2000 ‘‘(1) the Secretary of the Interior; (B) consider the authorities and programs ‘‘(i) the financial ability of the non-Federal ‘‘(2) the Secretary of Agriculture; of the Department of the Interior and other interest to carry out its cost-sharing respon- ‘‘(3) the Secretary of Commerce; Federal agencies in any recommendations sibilities; or ‘‘(4) the Administrator of the Environ- concerning carrying out projects studied ‘‘(ii) additional assistance that may be mental Protection Agency; and under subsection (b). available from other Federal or State ‘‘(5) the heads of other appropriate agen- (d) PRIORITY PROJECTS.—In selecting water sources.’’. cies. resources development projects for study SEC. 205. PROPERTY PROTECTION PROGRAM. under this section, the Secretary shall give ‘‘(c) CONSULTATION.—In carrying out an as- (a) IN GENERAL.—The Secretary may carry sessment under subsection (a), the Secretary priority to the project for the Tribal Res- out a program to reduce vandalism and de- shall consult with Federal, tribal, State, ervation of the Shoalwater Bay Indian Tribe struction of property at water resources de- on Willapa Bay, Washington, authorized by interstate, and local governmental entities. velopment projects under the jurisdiction of section 439(b). ‘‘(d) PRIORITY RIVER BASINS AND WATER- the Department of the Army. SHEDS.—In selecting river basins and water- (e) COST SHARING.— (b) PROVISION OF REWARDS.—In carrying (1) ABILITY TO PAY.— sheds for assessment under this section, the out the program, the Secretary may provide (A) IN GENERAL.—Any cost-sharing agree- Secretary shall give priority to— rewards (including cash rewards) to individ- ‘‘(1) the Delaware River basin; and ment for a study under subsection (b) shall be subject to the ability of the non-Federal uals who provide information or evidence ‘‘(2) the Willamette River basin, Oregon. leading to the arrest and prosecution of indi- ‘‘(e) ACCEPTANCE OF CONTRIBUTIONS.—In interest to pay. viduals causing damage to Federal property. carrying out an assessment under subsection (B) USE OF PROCEDURES.—The ability of a (c) AUTHORIZATION OF APPROPRIATIONS.— (a), the Secretary may accept contributions, non-Federal interest to pay shall be deter- There is authorized to be appropriated to in cash or in kind, from Federal, tribal, mined by the Secretary in accordance with carry out this section $500,000 for each fiscal State, interstate, and local governmental en- procedures established by the Secretary. year. tities to the extent that the Secretary deter- (2) CREDIT.— mines that the contributions will facilitate (A) IN GENERAL.—Subject to subparagraph SEC. 206. NATIONAL RECREATION RESERVATION SERVICE. completion of the assessment. (B), in conducting studies of projects under ‘‘(f) COST-SHARING REQUIREMENTS.— subsection (b), the Secretary may provide Notwithstanding section 611 of the Treas- ‘‘(1) NON-FEDERAL SHARE.—The non-Federal credit to the non-Federal interest for the ury and General Government Appropriations share of the costs of an assessment carried provision of services, studies, supplies, or Act, 1999 (Public Law 105–277; 112 Stat. 2681– out under this section shall be 50 percent. other in-kind contributions to the extent 515), the Secretary may— ‘‘(2) CREDIT.— that the Secretary determines that the serv- (1) participate in the National Recreation ‘‘(A) IN GENERAL.—Subject to subparagraph ices, studies, supplies, and other in-kind con- Reservation Service on an interagency basis; (B), the non-Federal interests may receive tributions will facilitate completion of the and credit toward the non-Federal share required project. (2) pay the Department of the Army’s under paragraph (1) for the provision of serv- (B) MAXIMUM AMOUNT OF CREDIT.—Credit share of the activities required to imple- ices, materials, supplies, or other in-kind under subparagraph (A) shall not exceed an ment, operate, and maintain the Service. contributions. amount equal to the non-Federal share of SEC. 207. OPERATION AND MAINTENANCE OF HY- ‘‘(B) MAXIMUM AMOUNT OF CREDIT.—Credit the costs of the study. DROELECTRIC FACILITIES. under subparagraph (A) shall not exceed an (f) AUTHORIZATION OF APPROPRIATIONS.— Section 314 of the Water Resources Devel- amount equal to 25 percent of the costs of There is authorized to be appropriated to opment Act of 1990 (33 U.S.C. 2321) is amend- the assessment. carry out subsection (b) $5,000,000 for each of ed in the first sentence by inserting before ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— fiscal years 2002 through 2006, of which not the period at the end the following: ‘‘in cases There is authorized to be appropriated to more than $1,000,000 may be used with re- in which the activities require specialized carry out this section $15,000,000.’’. spect to any 1 Indian tribe. training relating to hydroelectric power gen- SEC. 203. TRIBAL PARTNERSHIP PROGRAM. SEC. 204. ABILITY TO PAY. eration’’. (a) DEFINITION OF INDIAN TRIBE.—In this Section 103(m) of the Water Resources De- SEC. 208. INTERAGENCY AND INTERNATIONAL section, the term ‘‘Indian tribe’’ has the velopment Act of 1986 (33 U.S.C. 2213(m)) is SUPPORT. meaning given the term in section 4 of the amended— Section 234(d) of the Water Resources De- Indian Self-Determination and Education (1) by striking paragraphs (1) and (2) and velopment Act of 1996 (33 U.S.C. 2323a(d)) is Assistance Act (25 U.S.C. 450b). inserting the following: amended— (b) PROGRAM.— ‘‘(1) IN GENERAL.—Any cost-sharing agree- (1) in the first sentence, by striking (1) IN GENERAL.—In cooperation with In- ment under this section for a feasibility ‘‘$1,000,000’’ and inserting ‘‘$2,000,000’’; and dian tribes and the heads of other Federal study, or for construction of an environ- (2) in the second sentence, by inserting agencies, the Secretary may study and deter- mental protection and restoration project, a ‘‘out’’ after ‘‘carry’’. mine the feasibility of carrying out water re- flood control project, a project for naviga- SEC. 209. REBURIAL AND CONVEYANCE AUTHOR- sources development projects that— tion, storm damage protection, shoreline ITY. (A) will substantially benefit Indian tribes; erosion, hurricane protection, or recreation, (a) DEFINITION OF INDIAN TRIBE.—In this and or an agricultural water supply project, shall section, the term ‘‘Indian tribe’’ has the (B) are located primarily within Indian be subject to the ability of the non-Federal meaning given the term in section 4 of the country (as defined in section 1151 of title 18, interest to pay. Indian Self-Determination and Education United States Code) or in proximity to Alas- ‘‘(2) CRITERIA AND PROCEDURES.— Assistance Act (25 U.S.C. 450b). ka Native villages. ‘‘(A) IN GENERAL.—The ability of a non- (b) REBURIAL.— (2) MATTERS TO BE STUDIED.—A study con- Federal interest to pay shall be determined (1) REBURIAL AREAS.—In consultation with ducted under paragraph (1) may address— by the Secretary in accordance with— affected Indian tribes, the Secretary may (A) projects for flood damage reduction, ‘‘(i) during the period ending on the date identify and set aside areas at civil works environmental restoration and protection, on which revised criteria and procedures are projects of the Department of the Army that and preservation of cultural and natural re- promulgated under subparagraph (B), cri- may be used to rebury Native American re- sources; and teria and procedures in effect on the day be- mains that— (B) such other projects as the Secretary, in fore the date of enactment of this subpara- (A) have been discovered on project land; cooperation with Indian tribes and the heads graph; and and of other Federal agencies, determines to be ‘‘(ii) after the date on which revised cri- (B) have been rightfully claimed by a lin- appropriate. teria and procedures are promulgated under eal descendant or Indian tribe in accordance (c) CONSULTATION AND COORDINATION WITH subparagraph (B), the revised criteria and with applicable Federal law. SECRETARY OF THE INTERIOR.— procedures promulgated under subparagraph (2) REBURIAL.—In consultation with and (1) IN GENERAL.—In recognition of the (B). with the consent of the lineal descendant or unique role of the Secretary of the Interior ‘‘(B) REVISED CRITERIA AND PROCEDURES.— the affected Indian tribe, the Secretary may concerning trust responsibilities with Indian Not later than 18 months after the date of recover and rebury, at full Federal expense, tribes, and in recognition of mutual trust re- enactment of this subparagraph, in accord- the remains at the areas identified and set sponsibilities, the Secretary shall consult ance with paragraph (3), the Secretary shall aside under subsection (b)(1). with the Secretary of the Interior con- promulgate revised criteria and procedures (c) CONVEYANCE AUTHORITY.— cerning studies conducted under subsection governing the ability of a non-Federal inter- (1) IN GENERAL.—Subject to paragraph (2), (b). est to pay.’’; and notwithstanding any other provision of law, (2) INTEGRATION OF ACTIVITIES.—The Sec- (2) in paragraph (3)— the Secretary may convey to an Indian tribe retary shall— (A) in subparagraph (A)(ii), by adding for use as a cemetery an area at a civil (A) integrate civil works activities of the ‘‘and’’ at the end; and works project that is identified and set aside Department of the Army with activities of (B) by striking subparagraphs (B) and (C) by the Secretary under subsection (b)(1). the Department of the Interior to avoid con- and inserting the following: (2) RETENTION OF NECESSARY PROPERTY IN- flicts, duplications of effort, or unantici- ‘‘(B) may consider additional criteria re- TERESTS.—In carrying out paragraph (1), the pated adverse effects on Indian tribes; and lating to— Secretary shall retain any necessary right- September 25, 2000 CONGRESSIONAL RECORD — SENATE S9157 of-way, easement, or other property interest projects and separable elements of projects (A) by inserting ‘‘that non-Federal inter- that the Secretary determines to be nec- that— ests shall adopt and enforce’’ after ‘‘poli- essary to carry out the authorized purposes ‘‘(A) are authorized for construction; and cies’’; of the project. ‘‘(B) for which no Federal funds were obli- (B) by striking the period at the end and SEC. 210. APPROVAL OF CONSTRUCTION OF gated for construction during the 4 full fiscal inserting ‘‘; and’’; and DAMS AND DIKES. years preceding the date of submission of the (C) by adding at the end the following: Section 9 of the Act of March 3, 1899 (33 list. ‘‘(B) require non-Federal interests to take U.S.C. 401), is amended— ‘‘(2) DEAUTHORIZATION.—Any water re- measures to preserve the level of flood pro- (1) by inserting ‘‘(a) IN GENERAL.—’’ before sources project, or separable element of a tection provided by a project to which sub- ‘‘It shall’’; water resources project, authorized for con- section (a) applies.’’. (2) by striking ‘‘However, such structures’’ struction shall be deauthorized effective at (b) APPLICABILITY.—The amendments made and inserting the following: the end of the 7-year period beginning on the by subsection (a) shall apply to any project ‘‘(b) WATERWAYS WITHIN A SINGLE STATE.— date of the most recent authorization or re- or separable element of a project with re- Notwithstanding subsection (a), structures authorization of the project or separable ele- spect to which the Secretary and the non- described in subsection (a)’’; ment unless Federal funds have been obli- Federal interest have not entered a project (3) by striking ‘‘When plans’’ and inserting gated for preconstruction engineering and cooperation agreement on or before the date the following: design or for construction of the project or of enactment of this Act. (c) TECHNICAL AMENDMENTS.—Section ‘‘(c) MODIFICATION OF PLANS.—When separable element by the end of that period. plans’’; 402(b) of the Water Resources Development (4) by striking ‘‘The approval’’ and insert- ‘‘(c) PROJECTS FOR WHICH CONSTRUCTION Act of 1986 (33 U.S.C. 701b–12(b)) is amended— ing the following: HAS BEEN SUSPENDED.— (1) in the subsection heading, by striking ‘‘(d) APPLICABILITY.— ‘‘(1) LIST OF PROJECTS.— ‘‘FLOOD PLAIN’’ and inserting ‘‘FLOODPLAIN’’; ‘‘(1) BRIDGES AND CAUSEWAYS.—The ap- ‘‘(A) IN GENERAL.—The Secretary shall an- and proval’’; and nually submit to Congress a list of projects (2) in the first sentence, by striking ‘‘flood (5) in subsection (d) (as designated by para- and separable elements of projects— plain’’ and inserting ‘‘floodplain’’. graph (4)), by adding at the end the fol- ‘‘(i) that are authorized for construction; SEC. 213. ENVIRONMENTAL DREDGING. lowing: ‘‘(ii) for which Federal funds have been ob- Section 312 of the Water Resources Devel- ‘‘(2) DAMS AND DIKES.— ligated for construction of the project or sep- opment Act of 1990 (33 U.S.C. 1272) is amend- ‘‘(A) IN GENERAL.—The approval required arable element; and ed by adding at the end the following: by this section of the location and plans, or ‘‘(iii) for which no Federal funds have been ‘‘(g) NONPROFIT ENTITIES.—Notwith- any modification of plans, of any dam or obligated for construction of the project or standing section 221 of the Flood Control Act dike, applies only to a dam or dike that, if separable element during the 2 full fiscal of 1970 (42 U.S.C. 1962d–5b), for any project constructed, would completely span a water- years preceding the date of submission of the carried out under this section, a non-Federal way used to transport interstate or foreign list. sponsor may include a nonprofit entity, with commerce, in such a manner that actual, ex- ‘‘(B) PROJECTS WITH INITIAL PLACEMENT OF the consent of the affected local govern- isting interstate or foreign commerce could FILL.—The Secretary shall not include on a ment.’’. be adversely affected. list submitted under subparagraph (A) any SEC. 214. REGULATORY ANALYSIS AND MANAGE- ‘‘(B) OTHER DAMS AND DIKES.—Any dam or shore protection project with respect to MENT SYSTEMS DATA. dike (other than a dam or dike described in which there has been, before the date of sub- (a) IN GENERAL.—Beginning October 1, 2000, subparagraph (A)) that is proposed to be mission of the list, any placement of fill un- the Secretary, acting through the Chief of built in any other navigable water of the less the Secretary determines that the Engineers, shall publish, on the Army Corps United States— project no longer has a willing and finan- of Engineers’ Regulatory Program website, ‘‘(i) shall be subject to section 10; and cially capable non-Federal interest. quarterly reports that include all Regulatory ‘‘(ii) shall not be subject to the approval ‘‘(2) DEAUTHORIZATION.—Any water re- Analysis and Management Systems (RAMS) data. requirements of this section.’’. sources project, or separable element of a water resources project, for which Federal (b) DATA.—Such RAMS data shall include— SEC. 211. PROJECT DEAUTHORIZATION AUTHOR- (1) the date on which an individual or na- ITY. funds have been obligated for construction tionwide permit application under section Section 1001 of the Water Resources Devel- shall be deauthorized effective at the end of 404 of the Federal Water Pollution Control opment Act of 1986 (33 U.S.C. 579a) is amend- any 5-fiscal year period during which Federal ed to read as follows: funds specifically identified for construction Act (33 U.S.C. 1344) is first received by the Corps; ‘‘SEC. 1001. PROJECT DEAUTHORIZATIONS. of the project or separable element (in an (2) the date on which the application is ‘‘(a) DEFINITIONS.—In this section: Act of Congress or in the accompanying leg- considered complete; ‘‘(1) CONSTRUCTION.—The term ‘construc- islative report language) have not been obli- (3) the date on which the Corps either tion’, with respect to a project or separable gated for construction. grants (with or without conditions) or denies element, means— ‘‘(d) CONGRESSIONAL NOTIFICATIONS.—Upon the permit; and ‘‘(A) in the case of— submission of the lists under subsections (4) if the application is not considered com- ‘‘(i) a nonstructural flood control project, (b)(1) and (c)(1), the Secretary shall notify plete when first received by the Corps, a de- the acquisition of land, an easement, or a each Senator in whose State, and each Mem- scription of the reason the application was right-of-way primarily to relocate a struc- ber of the House of Representatives in whose not considered complete. ture; and district, the affected project or separable ele- ‘‘(ii) in the case of any other nonstructural ment is or would be located. SEC. 215. PERFORMANCE OF SPECIALIZED OR TECHNICAL SERVICES. measure, the performance of physical work ‘‘(e) FINAL DEAUTHORIZATION LIST.—The (a) DEFINITION OF STATE.—In this section, under a construction contract; Secretary shall publish annually in the Fed- the term ‘‘State’’ has the meaning given the ‘‘(B) in the case of an environmental pro- eral Register a list of all projects and sepa- term in section 6501 of title 31, United States tection and restoration project— rable elements deauthorized under sub- Code. ‘‘(i) the acquisition of land, an easement, section (b)(2) or (c)(2). (b) AUTHORITY.—The Corps of Engineers or a right-of-way primarily to facilitate the ‘‘(f) EFFECTIVE DATE.—Subsections (b)(2) may provide specialized or technical services restoration of wetland or a similar habitat; and (c)(2) take effect 1 year after the date of to a Federal agency (other than a Depart- or enactment of this subsection.’’. ment of Defense agency), State, or local gov- ‘‘(ii) the performance of physical work ernment of the United States under section under a construction contract to modify an SEC. 212. FLOODPLAIN MANAGEMENT REQUIRE- 6505 of title 31, United States Code, only if MENTS. existing project facility or to construct a the chief executive of the requesting entity new environmental protection and restora- (a) IN GENERAL.—Section 402(c) of the submits to the Secretary— tion measure; and Water Resources Development Act of 1986 (33 (1) a written request describing the scope ‘‘(C) in the case of any other water re- U.S.C. 701b–12(c)) is amended— of the services to be performed and agreeing sources project, the performance of physical (1) in the first sentence of paragraph (1), by to reimburse the Corps for all costs associ- work under a construction contract. striking ‘‘Within 6 months after the date of ated with the performance of the services; ‘‘(2) PHYSICAL WORK UNDER A CONSTRUCTION the enactment of this subsection, the’’ and and CONTRACT.—The term ‘physical work under a inserting ‘‘The’’; (2) a certification that includes adequate construction contract’ does not include any (2) by redesignating paragraph (2) as para- facts to establish that the services requested activity related to project planning, engi- graph (3); are not reasonably and quickly available neering and design, relocation, or the acqui- (3) by striking ‘‘Such guidelines shall ad- through ordinary business channels. sition of land, an easement, or a right-of- dress’’ and inserting the following: (c) CORPS AGREEMENT TO PERFORM SERV- way. ‘‘(2) REQUIRED ELEMENTS.—The guidelines ICES.—The Secretary, after receiving a re- ‘‘(b) PROJECTS NEVER UNDER CONSTRUC- developed under paragraph (1) shall— quest described in subsection (b) to provide TION.— ‘‘(A) address’’; and specialized or technical services, shall, be- ‘‘(1) LIST OF PROJECTS.—The Secretary (4) in paragraph (2) (as designated by para- fore entering into an agreement to perform shall annually submit to Congress a list of graph (3))— the services— S9158 CONGRESSIONAL RECORD — SENATE September 25, 2000 (1) ensure that the requirements of sub- may enter into cooperative agreements with the Corps of Engineers for a water resources section (b) are met with regard to the re- multistate regional private nonprofit rural project. quest for services; and community assistance entities for services, (4) WATER RESOURCES PROJECT.—The term (2) execute a certification that includes including water resource assessment, com- ‘‘water resources project’’ means a project adequate facts to establish that the Corps is munity participation, planning, develop- for navigation, a project for flood control, a uniquely equipped to perform such services. ment, and management activities. project for hurricane and storm damage re- (d) ANNUAL REPORT TO CONGRESS.— (c) COOPERATIVE AGREEMENTS.—A coopera- duction, a project for emergency streambank (1) IN GENERAL.—Not later than the end of tive agreement entered into under this sec- and shore protection, a project for ecosystem each calendar year, the Secretary shall pro- tion shall not be considered to be, or treated restoration and protection, and a water re- vide to the Committee on Transportation as being, a cooperative agreement to which sources project of any other type carried out and Infrastructure of the House of Rep- chapter 63 of title 31, United States Code, ap- by the Corps of Engineers. resentatives and the Committee on Environ- plies. (b) INDEPENDENT PEER REVIEW OF ment and Public Works of the Senate a re- SEC. 218. FUNDING TO PROCESS PERMITS. PROJECTS.— port identifying any request submitted by a (a) The Secretary, after public notice, may (1) IN GENERAL.—Not later than 90 days after the date of enactment of this Act, the Federal agency (other than a Department of accept and expend funds contributed by non- Secretary shall contract with the Academy Defense agency), State, or local government Federal public entities to expedite the eval- to study, and make recommendations relat- of the United States to the Corps to provide uation of permits under the jurisdiction of ing to, the independent peer review of feasi- specialized or technical services. the Department of the Army. bility reports. (2) CONTENTS OF REPORT.—The report shall (b) In carrying out this section, the Sec- (2) STUDY ELEMENTS.—In carrying out a include, with respect to each request de- retary shall ensure that the use of such funds contract under paragraph (1), the Academy scribed in paragraph (1)— as authorized in subsection (a) will result in shall study the practicality and efficacy of (A) a description of the scope of services improved efficiencies in permit evaluation the independent peer review of the feasi- requested; and will not impact impartial decision- bility reports, including— (B) the certifications required under sub- making in the permitting process. (A) the cost, time requirements, and other section (b) and (c); SEC. 219. PROGRAM TO MARKET DREDGED MATE- (C) the status of the request; considerations relating to the implementa- RIAL. tion of independent peer review; and (D) the estimated and final cost of the (a) SHORT TITLE.—This section may be services; (B) objective criteria that may be used to cited as the ‘‘Dredged Material Reuse Act’’. determine the most effective application of (E) the status of reimbursement; (b) FINDING.—Congress finds that the Sec- (F) a description of the scope of services independent peer review to feasibility re- retary of the Army should establish a pro- ports for each type of water resources performed; and gram to reuse dredged material— project. (G) copies of all certifications in support of (1) to ensure the long-term viability of dis- (3) ACADEMY REPORT.—Not later than 1 the request. posal capacity for dredged material; and year after the date of a contract under para- SEC. 216. HYDROELECTRIC POWER PROJECT (2) to encourage the reuse of dredged mate- graph (1), the Academy shall submit to the FUNDING. rial for environmental and economic pur- Secretary, the Committee on Transportation Section 216 of the Water Resources Devel- poses. and Infrastructure of the House of Rep- opment Act of 1996 (33 U.S.C. 2321a) is (c) DEFINITION.—In this Act, the term resentatives, and the Committee on Environ- amended— ‘‘Secretary’’ means the Secretary of the ment and Public Works of the Senate a re- (1) in subsection (a), by striking ‘‘In car- Army, acting through the Chief of Engineers. port that includes— rying out’’ and all that follows through ‘‘(1) (d) PROGRAM FOR REUSE OF DREDGED MATE- (A) the results of the study conducted is’’ and inserting the following: ‘‘In carrying RIAL.— under paragraphs (1) and (2); and out the operation, maintenance, rehabilita- (1) IN GENERAL.—Not later than 180 days (B) in light of the results of the study, spe- tion, and modernization of a hydroelectric after the date of enactment of this Act, the cific recommendations, if any, on a program power generating facility at a water re- Secretary shall establish a program to allow for implementing independent peer review of sources project under the jurisdiction of the the direct marketing of dredged material to feasibility reports. Department of the Army, the Secretary may, public agencies and private entities. (4) AUTHORIZATION OF APPROPRIATIONS.— to the extent funds are made available in ap- (2) LIMITATIONS.—The Secretary shall not There is authorized to be appropriated to propriations Acts or in accordance with sub- establish the program under subsection (a) carry out this subsection $1,000,000, to re- section (c), take such actions as are nec- unless a determination is made that such main available until expended. essary to optimize the efficiency of energy program is in the interest of the United (c) INDEPENDENT PEER REVIEW OF METHODS production or increase the capacity of the fa- States and is economically justified, equi- FOR PROJECT ANALYSIS.— cility, or both, if, after consulting with the table, and environmentally acceptable. (1) IN GENERAL.—Not later than 90 days heads of other appropriate Federal and State (3) REGIONAL RESPONSIBILITY.—The pro- after the date of enactment of this Act, the agencies, the Secretary determines that such gram described in subsection (a) may author- Secretary shall contract with the Academy actions— ize each of the 8 division offices of the Corps to conduct a study that includes— ‘‘(1) are’’; of Engineers to market to public agencies (A) a review of state-of-the-art methods; (2) in the first sentence of subsection (b), and private entities any dredged material (B) a review of the methods currently used by striking ‘‘the proposed uprating’’ and in- from projects under the jurisdiction of the by the Secretary; serting ‘‘any proposed uprating’’; regional office. Any revenues generated from (C) a review of a sample of instances in (3) by redesignating subsection (c) as sub- any sale of dredged material to such entities which the Secretary has applied the methods section (e); and shall be deposited in the United States identified under subparagraph (B) in the (4) by inserting after subsection (b) the fol- Treasury. analysis of each type of water resources lowing: (4) REPORTS.—Not later than 180 days after project; and ‘‘(c) USE OF FUNDS PROVIDED BY PREF- the date of enactment of this Act, and annu- (D) a comparative evaluation of the basis ERENCE CUSTOMERS.—In carrying out this ally thereafter for a period of 4 years, the and validity of state-of-the-art methods section, the Secretary may accept and ex- Secretary shall submit to Congress a report identified under subparagraph (A) and the pend funds provided by preference customers on the program established under subsection methods identified under subparagraphs (B) under Federal law relating to the marketing (a). and (C). of power. (5) AUTHORIZATION OF APPROPRIATIONS.— (2) ACADEMY REPORT.—Not later than 1 ‘‘(d) APPLICATION.—This section does not There is authorized to be appropriated to year after the date of a contract under para- apply to any facility of the Department of carry out this Act $2,000,000 for each fiscal graph (1), the Academy shall submit to the the Army that is authorized to be funded year. Secretary, the Committee on Transportation under section 2406 of the Energy Policy Act SEC. 220. NATIONAL ACADEMY OF SCIENCES and Infrastructure of the House of Rep- of 1992 (16 U.S.C. 839d–1).’’. STUDIES. resentatives, and the Committee on Environ- SEC. 217. ASSISTANCE PROGRAMS. (a) DEFINITIONS.—In this section: ment and Public Works of the Senate a re- (a) CONSERVATION AND RECREATION MAN- (1) ACADEMY.—The term ‘‘Academy’’ means port that includes— AGEMENT.—To further training and edu- the National Academy of Sciences. (A) the results of the study conducted cational opportunities at water resources de- (2) METHOD.—The term ‘‘method’’ means a under paragraph (1); and velopment projects under the jurisdiction of method, model, assumption, or other perti- (B) in light of the results of the study, spe- the Secretary, the Secretary may enter into nent planning tool used in conducting an cific recommendations for modifying any of cooperative agreements with non-Federal economic or environmental analysis of a the methods currently used by the Secretary public and nonprofit entities for services re- water resources project, including the formu- for conducting economic and environmental lating to natural resources conservation or lation of a feasibility report. analyses of water resources projects. recreation management. (3) FEASIBILITY REPORT.—The term ‘‘feasi- (3) AUTHORIZATION OF APPROPRIATIONS.— (b) RURAL COMMUNITY ASSISTANCE.—In car- bility report’’ means each feasibility report, There is authorized to be appropriated to rying out studies and projects under the ju- and each associated environmental impact carry out this subsection $2,000,000, to re- risdiction of the Secretary, the Secretary statement and mitigation plan, prepared by main available until expended. September 25, 2000 CONGRESSIONAL RECORD — SENATE S9159 TITLE III—PROJECT-RELATED disposal areas in such a manner as to maxi- Petaluma River, Petaluma, California, sub- PROVISIONS mize their reuse by disposal and removal of stantially in accordance with the Detailed SEC. 301. TENNESSEE-TOMBIGBEE WATERWAY dredged materials, in order to conserve un- Project Report approved March 1995, at a WILDLIFE MITIGATION PROJECT, disturbed disposal areas for wildlife habitat total cost of $32,226,000, with an estimated ALABAMA AND MISSISSIPPI. to the maximum extent practicable. Where Federal cost of $20,647,000 and an estimated (a) GENERAL.—The Tennessee-Tombigbee the habitat value loss due to reuse of dis- non-Federal cost of $11,579,000. Waterway Wildlife Mitigation Project, Ala- posal areas cannot be offset by the reduced (b) IN-KIND SERVICES.—The non-Federal in- bama and Mississippi, authorized by section need for other unused disposal sites, the Sec- terest may provide its share of project costs 601(a) of Public Law 99–662 (100 Stat. 4138) is retary shall determine, in consultation with in cash or in the form of in-kind services or modified to authorize the Secretary to— Federal and State fish and wildlife agencies, materials. (1) remove the wildlife mitigation purpose and ensure full mitigation for any habitat (c) CREDIT.—The non-Federal interest shall designation from up to 3,000 acres of land as value lost as a result of such reuse. receive credit toward the non-Federal share necessary over the life of the project from (f) OTHER MITIGATION LANDS.—The Sec- of project costs for design and construction lands originally acquired for water resource retary is also authorized to outgrant by work carried out by the non-Federal interest development projects included in the Mitiga- lease, easement, license, or permit lands ac- before the date of modification of the exist- tion Project in accordance with the Report quired for the Wildlife Mitigation Project ing project cooperation agreement or execu- of the Chief of Engineers dated August 31, pursuant to section 601(a) of Public Law 99– tion of a new project cooperation agreement, 1985; 662, in consultation with Federal and State if the Secretary determines that the work is (2) sell or exchange such lands in accord- fish and wildlife agencies, when such integral to the project. ance with subsection (c)(1) and under such outgrants are necessary to address transpor- SEC. 305. GASPARILLA AND ESTERO ISLANDS, conditions as the Secretary determines to be tation, utility, and related activities. The FLORIDA. necessary to protect the interests of the Secretary shall insure full mitigation for The project for shore protection, United States, utilize such lands as the Sec- any wildlife habitat value lost as a result of Gasparilla and Estero Island segments, Lee retary determines to be appropriate in con- such sale or outgrant. Habitat value replace- County, Florida, authorized under section nection with development, operation, main- ment requirements shall be determined by 201 of the Flood Control Act of 1965 (79 Stat. tenance, or modification of the water re- the Secretary in consultation with the ap- 1073), by Senate Resolution dated December source development projects, or grant such propriate fish and wildlife agencies. 17, 1970, and by House Resolution dated De- other interests as the Secretary may deter- (g) REPEAL.—Section 102 of the Water Re- cember 15, 1970, is modified to authorize the mine to be reasonable in the public interest; sources Development Act of 1992 (106 Stat. Secretary to enter into an agreement with and 4804) is amended by striking subsection (a). the non-Federal interest to carry out the (3) acquire, in accordance with subsections SEC. 302. BOYDSVILLE, ARKANSAS. project in accordance with section 206 of the (c) and (d), lands from willing sellers to off- The Secretary shall credit toward the non- Water Resources Development Act of 1992 (33 set the removal of any lands from the Miti- Federal share of the costs of the study to de- U.S.C. 426i–1), if the Secretary determines gation Project for the purposes listed in sub- termine the feasibility of the reservoir and that the project is technically sound, envi- section (a)(2) of this section. associated improvements in the vicinity of ronmentally acceptable, and economically (b) REMOVAL PROCESS.—From the date of Boydsville, Arkansas, authorized by section justified. enactment of this Act, the locations of these 402 of the Water Resources Development Act SEC. 306. ILLINOIS RIVER BASIN RESTORATION, lands to be removed will be determined at of 1999 (113 Stat. 322), not more than $250,000 ILLINOIS. appropriate time intervals at the discretion of the costs of the relevant planning and en- (a) DEFINITION OF ILLINOIS RIVER BASIN.—In of the Secretary, in consultation with appro- gineering investigations carried out by State this section, the term ‘‘Illinois River basin’’ priate Federal and State fish and wildlife and local agencies, if the Secretary finds means the Illinois River, Illinois, its back- agencies, to facilitate the operation of the that the investigations are integral to the waters, side channels, and all tributaries, in- water resource development projects and to scope of the feasibility study. cluding their watersheds, draining into the respond to regional needs related to the SEC. 303. WHITE RIVER BASIN, ARKANSAS AND Illinois River. project. Removals under this subsection MISSOURI. (b) COMPREHENSIVE PLAN.— shall be restricted to Project Lands des- (a) IN GENERAL.—Subject to subsection (b), (1) DEVELOPMENT.—As expeditiously as ignated for mitigation and shall not include the project for flood control, power genera- practicable, the Secretary shall develop a lands purchased exclusively for mitigation tion, and other purposes at the White River proposed comprehensive plan for the purpose purposes (known as Separable Mitigation Basin, Arkansas and Missouri, authorized by of restoring, preserving, and protecting the Lands). Parcel identification, removal, and section 4 of the Act of June 28, 1938 (52 Stat. Illinois River basin. sale may occur assuming acreage acquisi- 1218, chapter 795), and modified by House (2) TECHNOLOGIES AND INNOVATIVE AP- tions pursuant to subsection (d) are at least Document 917, 76th Congress, 3d Session, and PROACHES.—The comprehensive plan shall equal to the total acreage of the lands re- House Document 290, 77th Congress, 1st Ses- provide for the development of new tech- moved. sion, approved August 18, 1941, and House nologies and innovative approaches— (c) LANDS TO BE SOLD.— Document 499, 83d Congress, 2d Session, ap- (A) to enhance the Illinois River as a vital (1) Lands to be sold or exchanged pursuant proved September 3, 1954, and by section 304 transportation corridor; to subsection (a)(2) shall be made available of the Water Resources Development Act of (B) to improve water quality within the en- for related uses consistent with other uses of 1996 (110 Stat. 3711), is further modified to tire Illinois River basin; the water resource development project authorize the Secretary to provide minimum (C) to restore, enhance, and preserve habi- lands (including port, industry, transpor- flows necessary to sustain tail water trout tat for plants and wildlife; and tation, recreation, and other regional needs (D) to increase economic opportunity for for the project). fisheries by reallocating the following rec- agriculture and business communities. (2) Any valuation of land sold or exchanged ommended amounts of project storage: (3) SPECIFIC COMPONENTS.—The comprehen- pursuant to this section shall be at fair mar- (1) Beaver Lake, 1.5 feet. sive plan shall include such features as are ket value as determined by the Secretary. (2) Table Rock, 2 feet. necessary to provide for— (3) The Secretary is authorized to accept (3) Bull Shoals Lake, 5 feet. (A) the development and implementation monetary consideration and to use such (4) Norfolk Lake, 3.5 feet. of a program for sediment removal tech- funds without further appropriation to carry (5) Greers Ferry Lake, 3 feet. (b) REPORT.— nology, sediment characterization, sediment out subsection (a)(3). All monetary consider- (1) IN GENERAL.—No funds may be obligated transport, and beneficial uses of sediment; ations made available to the Secretary under to carry out work on the modification under (B) the development and implementation subsection (a)(2) from the sale of lands shall subsection (a) until the Chief of Engineers, of a program for the planning, conservation, be used for and in support of acquisitions through completion of a final report, deter- evaluation, and construction of measures for pursuant to subsection (d). The Secretary is mines that the work is technically sound, fish and wildlife habitat conservation and re- further authorized for purposes of this sec- environmentally acceptable, and economi- habilitation, and stabilization and enhance- tion to purchase up to 1,000 acres from funds cally justified. ment of land and water resources in the Illi- otherwise available. (2) TIMING.—Not later than January 1, 2002, nois River basin; (d) CRITERIA FOR LAND TO BE ACQUIRED.— The Secretary shall consult with the appro- the Secretary shall submit to Congress the (C) the development and implementation priate Federal and State fish and wildlife final report referred to in paragraph (1). of a long-term resource monitoring program; agencies in selecting the lands to be acquired (3) CONTENTS.—The report shall include de- and pursuant to subsection (a)(3). In selecting terminations concerning whether— (D) the development and implementation the lands to be acquired, bottomland hard- (A) the modification under subsection (a) of a computerized inventory and analysis wood and associated habitats will receive adversely affects other authorized project system. primary consideration. The lands shall be ad- purposes; and (4) CONSULTATION.—The comprehensive jacent to lands already in the Mitigation (B) Federal costs will be incurred in con- plan shall be developed by the Secretary in Project unless otherwise agreed to by the nection with the modification. consultation with appropriate Federal agen- Secretary and the fish and wildlife agencies. SEC. 304. PETALUMA, CALIFORNIA. cies and the State of Illinois. (e) DREDGED MATERIAL DISPOSAL SITES.— (a) IN GENERAL.—The Secretary may com- (5) REPORT TO CONGRESS.—Not later than 2 The Secretary shall utilize dredge material plete the project for flood damage reduction, years after the date of enactment of this S9160 CONGRESSIONAL RECORD — SENATE September 25, 2000 Act, the Secretary shall submit to Congress (B) shall not need further economic jus- in, and in the vicinity of, the Lower a report containing the comprehensive plan. tification if the Secretary determines that Atchafalaya Basin protection levees. (6) ADDITIONAL STUDIES AND ANALYSES.— the activities are cost-effective. (b) AUTHORITIES.—The Secretary shall After submission of the report under para- (2) APPLICABILITY.—Paragraph (1) shall not carry out subsection (a) in accordance with— graph (5), the Secretary shall continue to apply to any separable element intended to (1) the feasibility study for the conduct such studies and analyses related to produce benefits that are predominantly un- Atchafalaya Basin Floodway System, Lou- the comprehensive plan as are necessary, related to the restoration, preservation, and isiana, dated January 1982; and consistent with this subsection. protection of the Illinois River basin. (2) the recreation cost-sharing require- (c) CRITICAL RESTORATION PROJECTS.— (g) COST SHARING.— ments under section 103(c) of the Water Re- (1) IN GENERAL.—If the Secretary, in co- (1) IN GENERAL.—The non-Federal share of sources Development Act of 1986 (33 U.S.C. operation with appropriate Federal agencies the cost of projects and activities carried out 2213(c)). and the State of Illinois, determines that a under this section shall be 35 percent. SEC. 309. RED RIVER WATERWAY, LOUISIANA. restoration project for the Illinois River (2) OPERATION, MAINTENANCE, REHABILITA- The project for mitigation of fish and wild- basin will produce independent, immediate, TION, AND REPLACEMENT.—The operation, life losses, Red River Waterway, Louisiana, and substantial restoration, preservation, maintenance, rehabilitation, and replace- authorized by section 601(a) of the Water Re- and protection benefits, the Secretary shall ment of projects carried out under this sec- sources Development Act of 1986 (100 Stat. proceed expeditiously with the implementa- tion shall be a non-Federal responsibility. 4142) and modified by section 4(h) of the tion of the project. (3) IN-KIND SERVICES.— Water Resources Development Act of 1988 (2) AUTHORIZATION OF APPROPRIATIONS.— (A) IN GENERAL.—The value of in-kind serv- (102 Stat. 4016), section 102(p) of the Water There is authorized to be appropriated to ices provided by the non-Federal interest for Resources Development Act of 1990 (104 Stat. carry out projects under this subsection a project or activity carried out under this 4613), and section 301(b)(7) of the Water Re- $20,000,000. section may be credited toward not more sources Development Act of 1996 (110 Stat. (3) FEDERAL SHARE.—The Federal share of than 80 percent of the non-Federal share of 3710), is further modified to authorize the the cost of carrying out any project under the cost of the project or activity. purchase of mitigation land from willing this subsection shall not exceed $5,000,000. (B) ITEMS INCLUDED.—In-kind services shall sellers in any of the parishes that comprise (d) GENERAL PROVISIONS.— include all State funds expended on pro- the Red River Waterway District, consisting (1) WATER QUALITY.—In carrying out grams and projects that accomplish the of Avoyelles, Bossier, Caddo, Grant, projects and activities under this section, goals of this section, as determined by the Natchitoches, Rapides, and Red River Par- the Secretary shall take into account the Secretary, including the Illinois River Con- ishes. protection of water quality by considering servation Reserve Program, the Illinois Con- SEC. 310. NARRAGUAGUS RIVER, MILBRIDGE, applicable State water quality standards. servation 2000 Program, the Open Lands MAINE. (2) PUBLIC PARTICIPATION.—In developing Trust Fund, and other appropriate programs (a) REDESIGNATION.—The project for navi- the comprehensive plan under subsection (b) carried out in the Illinois River basin. gation, Narraguagus River, Milbridge, and carrying out projects under subsection (4) CREDIT.— Maine, authorized by section 101 of the River (c), the Secretary shall implement proce- (A) VALUE OF LAND.—If the Secretary de- and Harbor Act of 1962 (76 Stat. 1173), is dures to facilitate public participation, termines that land or an interest in land ac- modified to redesignate as anchorage the including— quired by a non-Federal interest, regardless portion of the 11-foot channel described as (A) providing advance notice of meetings; of the date of acquisition, is integral to a follows: beginning at a point with coordi- (B) providing adequate opportunity for project or activity carried out under this nates N248,413.92, E668,000.24, thence running public input and comment; section, the Secretary may credit the value south 20 degrees 09 minutes 57.8 seconds east (C) maintaining appropriate records; and of the land or interest in land toward the 1325.205 feet to a point N247,169.95, E668,457.09, (D) making a record of the proceedings of non-Federal share of the cost of the project thence running north 51 degrees 30 minutes meetings available for public inspection. or activity, as determined by the Secretary. 05.7 seconds west 562.33 feet to a point (e) COORDINATION.—The Secretary shall in- (B) WORK.—If the Secretary determines N247,520.00, E668,017.00, thence running north tegrate and coordinate projects and activi- that any work completed by a non-Federal 01 degrees 04 minutes 26.8 seconds west ties carried out under this section with ongo- interest, regardless of the date of comple- 894.077 feet to the point of origin. ing Federal and State programs, projects, tion, is integral to a project or activity car- (b) REAUTHORIZATION.—The Secretary shall and activities, including the following: ried out under this section, the Secretary maintain as anchorage the portions of the (1) Upper Mississippi River System-Envi- may credit the value of the work toward the project for navigation, Narraguagus River, ronmental Management Program authorized non-Federal share of the cost of the project Milbridge, Maine, authorized by section 2 of under section 1103 of the Water Resources or activity, as determined by the Secretary. the Act of June 14, 1880 (21 Stat. 195, chapter Development Act of 1986 (33 U.S.C. 652). SEC. 307. UPPER DES PLAINES RIVER AND TRIBU- 211), that lie adjacent to and outside the lim- (2) Upper Mississippi River Illinois Water- TARIES, ILLINOIS. its of the 11-foot and 9-foot channels and way System Study. The Secretary shall credit toward the non- that are described as follows: (3) Kankakee River Basin General Inves- Federal share of the costs of the study to de- (1) The area located east of the 11-foot tigation. termine the feasibility of improvements to channel beginning at a point with coordi- (4) Peoria Riverfront Development General the upper Des Plaines River and tributaries, nates N248,060.52, E668,236.56, thence running Investigation. phase 2, Illinois and Wisconsin, authorized south 36 degrees 20 minutes 52.3 seconds east (5) Illinois River Ecosystem Restoration by section 419 of the Water Resources Devel- 1567.242 feet to a point N246,798.21, E669,165.44, General Investigation. opment Act of 1999 (113 Stat. 324), the costs thence running north 51 degrees 30 minutes (6) Conservation reserve program and other of work carried out by the non-Federal inter- 06.2 seconds west 839.855 feet to a point farm programs of the Department of Agri- ests in Lake County, Illinois, before the date N247,321.01, E668,508.15, thence running north culture. of execution of the feasibility study cost- 20 degrees 09 minutes 58.1 seconds west (7) Conservation Reserve Enhancement sharing agreement, if— 787.801 feet to the point of origin. Program (State) and Conservation 2000, Eco- (1) the Secretary and the non-Federal in- (2) The area located west of the 9-foot system Program of the Illinois Department terests enter into a feasibility study cost- channel beginning at a point with coordi- of Natural Resources. sharing agreement; and nates N249,673.29, E667,537.73, thence running (8) Conservation 2000 Conservation Prac- (2) the Secretary finds that the work is in- south 20 degrees 09 minutes 57.8 seconds east tices Program and the Livestock Manage- tegral to the scope of the feasibility study. 1341.616 feet to a point N248,413.92, E668,000.24, ment Facilities Act administered by the De- SEC. 308. ATCHAFALAYA BASIN, LOUISIANA. thence running south 01 degrees 04 minutes partment of Agriculture of the State of Illi- (a) IN GENERAL.—Notwithstanding the Re- 26.8 seconds east 371.688 feet to a point nois. port of the Chief of Engineers, dated Feb- N248,042.30, E668,007.21, thence running north (9) National Buffer Initiative of the Nat- ruary 28, 1983, for the project for flood con- 22 degrees 21 minutes 20.8 seconds west ural Resources Conservation Service. trol, Atchafalaya Basin Floodway System, 474.096 feet to a point N248,480.76, E667,826.88, (10) Nonpoint source grant program admin- Louisiana, authorized by section 601(a) of the thence running north 79 degrees 09 minutes istered by the Environmental Protection Water Resources Development Act of 1986 31.6 seconds east 100.872 feet to a point Agency of the State of Illinois. (100 Stat. 4142), which report refers to rec- N248,499.73, E667,925.95, thence running north (f) JUSTIFICATION.— reational development in the Lower 13 degrees 47 minutes 27.6 seconds west 95.126 (1) IN GENERAL.—Notwithstanding section Atchafalaya Basin Floodway, the feet to a point N248,592.12, E667,903.28, thence 209 of the Flood Control Act of 1970 (42 U.S.C. Secretary— running south 79 degrees 09 minutes 31.6 sec- 1962–2) or any other provision of law, in car- (1) shall, in collaboration with the State of onds west 115.330 feet to a point N248,570.42, rying out activities to restore, preserve, and Louisiana, initiate construction of the visi- E667,790.01, thence running north 22 degrees protect the Illinois River basin under this tors center, authorized as part of the project, 21 minutes 20.8 seconds west 816.885 feet to a section, the Secretary may determine that at or near Lake End Park in Morgan City, point N249,325.91, E667,479.30, thence running the activities— Louisiana; and north 07 degrees 03 minutes 00.3 seconds west (A) are justified by the environmental ben- (2) shall construct other recreational fea- 305.680 feet to a point N249,629.28, E667,441.78, efits derived by the Illinois River basin; and tures, authorized as part of the project, with- thence running north 65 degrees 21 minutes September 25, 2000 CONGRESSIONAL RECORD — SENATE S9161

33.8 seconds east 105.561 feet to the point of (E) to allow the Corps of Engineers in- (B) REPORT.—Not later than 2 years after origin. creased authority to restore and protect fish the date of enactment of this Act, the Sec- SEC. 311. WILLIAM JENNINGS RANDOLPH LAKE, and wildlife habitat on the Missouri River; retary shall submit to Congress a report de- MARYLAND. (F) to protect and replenish cottonwoods, scribing the results of the study under sub- The Secretary— and their associated riparian woodland com- paragraph (A). (1) may provide design and construction as- munities, along the upper Missouri River; (2) PILOT PROGRAM.—The Secretary, in con- sistance for recreational facilities in the and sultation with the Director of the United State of Maryland at the William Jennings (G) to educate the public about the eco- States Fish and Wildlife Service and the af- Randolph Lake (Bloomington Dam), Mary- nomic, environmental, and cultural impor- fected State fish and wildlife agencies, shall land and West Virginia, project authorized tance of the Missouri River and the scientific develop and administer a pilot mitigation by section 203 of the Flood Control Act of and cultural discoveries of Lewis and Clark. program that— 1962 (76 Stat. 1182); and (c) DEFINITION OF MISSOURI RIVER.—In this (A) involves the experimental releases of (2) shall require the non-Federal interest section, the term ‘‘Missouri River’’ means warm water from the spillways at Fort Peck to provide 50 percent of the costs of design- the Missouri River and the adjacent flood- Dam during the appropriate spawning peri- ing and constructing the recreational facili- plain that extends from the mouth of the ods for native fish; ties. Missouri River (RM 0) to the confluence of (B) involves the monitoring of the response SEC. 312. BRECKENRIDGE, MINNESOTA. the Jefferson, Madison, and Gallatin Rivers of fish to and the effectiveness of the preser- (a) IN GENERAL.—The Secretary may com- (RM 2341) in the State of Montana. vation of native fish and wildlife habitat of plete the project for flood damage reduction, (d) AUTHORITY TO PROTECT, ENHANCE, AND the releases described in subparagraph (A); Breckenridge, Minnesota, substantially in RESTORE FISH AND WILDLIFE HABITAT.—Sec- and accordance with the Detailed Project Report tion 9(b) of the Act of December 22, 1944 (58 (C) shall not adversely impact a use of the dated September 2000, at a total cost of Stat. 891, chapter 665), is amended— reservoir existing on the date on which the $21,000,000, with an estimated Federal cost of (1) by striking ‘‘(b) The general’’ and in- pilot program is implemented. $13,650,000 and an estimated non-Federal cost serting the following: (3) RESERVOIR FISH LOSS STUDY.— ‘‘(b) COMPREHENSIVE PLAN.— of $7,350,000. (A) IN GENERAL.—Not later than 2 years (b) IN-KIND SERVICES.—The non-Federal in- ‘‘(1) IN GENERAL.—The general’’; after the date of enactment of this Act, the terest may provide its share of project costs (2) by striking ‘‘paragraph’’ and inserting Secretary, in consultation with the North in cash or in the form of in-kind services or ‘‘subsection’’; and Dakota Game and Fish Department and the materials. (3) by adding at the end the following: South Dakota Department of Game, Fish (c) CREDIT.—The non-Federal interest shall ‘‘(2) FISH AND WILDLIFE HABITAT.—In addi- and Parks, shall complete a study to analyze receive credit toward the non-Federal share tion to carrying out the duties under the and recommend measures to avoid or reduce of project costs for design and construction comprehensive plan described in paragraph the loss of fish, including rainbow smelt, work carried out by the non-Federal interest (1), the Chief of Engineers shall protect, en- before the date of modification of the exist- through Garrison Dam in North Dakota and hance, and restore fish and wildlife habitat Oahe Dam in South Dakota. ing project cooperation agreement or execu- on the Missouri River to the extent con- (B) REPORT.—Not later than 2 years after tion of a new project cooperation agreement, sistent with other authorized project pur- if the Secretary determines that the work is the date of enactment of this Act, the Sec- poses.’’. retary shall submit to Congress a report de- integral to the project. (e) INTEGRATION OF ACTIVITIES.— scribing the results of the study under sub- SEC. 313. MISSOURI RIVER VALLEY, MISSOURI. (1) IN GENERAL.—In carrying out this sec- paragraph (A). (a) SHORT TITLE.—This section may be tion and in accordance with paragraph (2), (4) AUTHORIZATION OF APPROPRIATIONS.— cited as the ‘‘Missouri River Valley Improve- the Secretary shall provide for such activi- There are authorized to be appropriated to ment Act’’. ties as are necessary to protect and enhance the Secretary— (b) FINDINGS AND PURPOSES.— fish and wildlife habitat without adversely (A) to complete the study required under (1) FINDINGS.—Congress finds that— affecting— paragraph (3), $200,000; and (A) Lewis and Clark were pioneering natu- (A) the water-related needs of the Missouri (B) to carry out the other provisions of this ralists that recorded dozens of species pre- River basin, including flood control, naviga- subsection, $1,000,000 for each of fiscal years viously unknown to science while ascending tion, hydropower, water supply, and recre- 2001 through 2010. the Missouri River in 1804; ation; and (h) MISSOURI AND MIDDLE MISSISSIPPI RIV- (B) the Missouri River, which is 2,321 miles (B) private property rights. ERS ENHANCEMENT PROJECT.—Section 514 of long, drains 1⁄6 of the United States, is home (2) NEW AUTHORITY.—Nothing in this sec- the Water Resources Development Act of to approximately 10,000,000 people in 10 tion confers any new regulatory authority States and 28 Native American tribes, and is 1999 (113 Stat. 342) is amended by striking on any Federal or non-Federal entity that subsection (g) and inserting the following: a resource of incalculable value to the carries out any activity under this section. ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— United States; (f) MISSOURI RIVER MITIGATION PROJECT.— There is authorized to be appropriated to pay (C) the construction of dams, levees, and The matter under the heading ‘‘MISSOURI the Federal share of the cost of carrying out river training structures in the past 150 RIVER MITIGATION, MISSOURI, KANSAS, IOWA, activities under this section $5,000,000 for years has aided navigation, flood control, AND NEBRASKA’’ of section 601(a) of the Water each of fiscal years 2001 through 2004.’’. and water supply along the Missouri River, Resources Development Act of 1986 (100 Stat. SEC. 314. NEW MADRID COUNTY, MISSOURI. but has reduced habitat for native river fish 4143) is amended by adding at the end the fol- (a) IN GENERAL.—The project for naviga- and wildlife; lowing: ‘‘There is authorized to be appro- tion, New Madrid County Harbor, New Ma- (D) river organizations, including the Mis- priated to carry out this paragraph drid County, Missouri, authorized under sec- souri River Basin Association, support habi- $20,000,000 for each of fiscal years 2001 tion 107 of the River and Harbor Act of 1960 tat restoration, riverfront revitalization, and through 2010, contingent on the completion (33 U.S.C. 577), is authorized as described in improved operational flexibility so long as by December 31, 2000, of the study under this the feasibility report for the project, includ- those efforts do not significantly interfere heading.’’. ing both phase 1 and phase 2 of the project. with uses of the Missouri River; and (g) UPPER MISSOURI RIVER AQUATIC AND RI- (b) CREDIT.— (E) restoring a string of natural places by PARIAN HABITAT MITIGATION PROGRAM.— (1) IN GENERAL.—The Secretary shall pro- the year 2004 would aid native river fish and (1) IN GENERAL.— vide credit to the non-Federal interests for wildlife, reduce flood losses, enhance recre- (A) STUDY.—Not later than 2 years after the costs incurred by the non-Federal inter- ation and tourism, and celebrate the bicen- the date of enactment of this Act, the Sec- ests in carrying out construction work for tennial of Lewis and Clark’s voyage. retary, through an interagency agreement phase 1 of the project, if the Secretary finds (2) PURPOSES.—The purposes of this section with the Director of the United States Fish that the construction work is integral to are— and Wildlife Service and in accordance with phase 2 of the project. (A) to protect, restore, and enhance the the Fish and Wildlife Conservation Act of (2) MAXIMUM AMOUNT OF CREDIT.—The fish, wildlife, and plants, and the associated 1980 (16 U.S.C. 2901 et seq.), shall complete a amount of the credit under paragraph (1) habitats on which they depend, of the Mis- study that— shall not exceed the required non-Federal souri River; (i) analyzes any adverse effects on aquatic share for the project. (B) to restore a string of natural places and riparian-dependent fish and wildlife re- SEC. 315. PEMISCOT COUNTY HARBOR, MISSOURI. that aid native river fish and wildlife, reduce sulting from the operation of the Missouri (a) CREDIT.—With respect to the project for flood losses, and enhance recreation and River Mainstem Reservoir Project in the navigation, Pemiscot County Harbor, Mis- tourism; States of Nebraska, South Dakota, North souri, authorized under section 107 of the (C) to revitalize historic riverfronts to im- Dakota, and Montana; River and Harbor Act of 1960 (33 U.S.C. 577), prove quality of life in riverside commu- (ii) recommends measures appropriate to the Secretary shall provide credit to the nities and attract recreation and tourism; mitigate the adverse effects described in Pemiscot County Port Authority, or an (D) to monitor the health of the Missouri clause (i); and agent of the authority, for the costs incurred River and measure biological, chemical, geo- (iii) develops baseline geologic and hydro- by the Authority or agent in carrying out logical, and hydrological responses to logic data relating to aquatic and riparian construction work for the project after De- changes in Missouri River management; habitat. cember 31, 1997, if the Secretary finds that S9162 CONGRESSIONAL RECORD — SENATE September 25, 2000

the construction work is integral to the Lake has been disproportionately borne by (B) COSTS ASSOCIATED WITH THREATENED project. the State of Montana despite the existence AND ENDANGERED SPECIES.—The costs of oper- (b) MAXIMUM AMOUNT OF CREDIT.—The of a Federal project at Fort Peck Lake; ation and maintenance associated with rais- amount of the credit under subsection (a) (3)(A) as of the date of enactment of this ing threatened or endangered species shall be shall not exceed the required non-Federal Act, eastern Montana has only 1 warm water a Federal responsibility. share for the project, estimated as of the fish hatchery, which is inadequate to meet (C) POWER.—The Secretary shall offer to date of enactment of this Act to be $222,000. the demands of the region; and the hatchery project low-cost project power SEC. 316. PIKE COUNTY, MISSOURI. (B) a disease or infrastructure failure at for all hatchery operations. (a) IN GENERAL.—Subject to subsections (c) that hatchery could imperil fish populations (f) AUTHORIZATION OF APPROPRIATIONS.— and (d), at such time as S.S.S., Inc. conveys throughout the region; (1) IN GENERAL.—There are authorized to be all right, title, and interest in and to the (4) although the multipurpose project at appropriated to carry out this section— parcel of land described in subsection (b)(1) Fort Peck, Montana, authorized by the first (A) $20,000,000; and to the United States, the Secretary shall section of the Act of August 30, 1935 (49 Stat. (B) such sums as are necessary to carry out convey all right, title, and interest of the 1034, chapter 831), was intended to include ir- subsection (e)(2)(B). United States in and to the parcel of land de- rigation projects and other activities de- (2) AVAILABILITY OF FUNDS.—Sums made scribed in subsection (b)(2) to S.S.S., Inc. signed to promote economic growth, many of available under paragraph (1) shall remain (b) LAND DESCRIPTION.—The parcels of land those projects were never completed, to the available until expended. referred to in subsection (a) are the fol- detriment of the local communities flooded lowing: SEC. 318. SAGAMORE CREEK, NEW HAMPSHIRE. by the Fort Peck Dam; The Secretary shall carry out maintenance (1) NON-FEDERAL LAND.—8.99 acres with ex- (5) the process of developing an environ- isting flowage easements, located in Pike dredging of the Sagamore Creek Channel, mental impact statement for the update of New Hampshire. County, Missouri, adjacent to land being ac- the Corps of Engineers Master Manual for quired from Holnam, Inc. by the Corps of En- the operation of the Missouri River recog- SEC. 319. PASSAIC RIVER BASIN FLOOD MANAGE- MENT, NEW JERSEY. gineers. nized the need for greater support of recre- (a) IN GENERAL.—The project for flood con- (2) FEDERAL LAND.—8.99 acres located in ation activities and other authorized pur- trol, Passaic River, New Jersey and New Pike County, Missouri, known as ‘‘Govern- poses of the Fort Peck project; York, authorized by section 101(a)(18) of the ment Tract Numbers FM–46 and FM–47’’, ad- (6)(A) although fish stocking is included Water Resources Development Act of 1990 ministered by the Corps of Engineers. among the authorized purposes of the Fort (104 Stat. 4607), is modified to emphasize non- (c) CONDITIONS.—The land exchange under Peck project, the State of Montana has fund- structural approaches for flood control as al- subsection (a) shall be subject to the fol- ed the stocking of Fort Peck Lake since 1947; ternatives to the construction of the Passaic lowing conditions: and River tunnel element, while maintaining the (1) DEEDS.— (B) the obligation to fund the stocking integrity of other separable mainstream (A) NON-FEDERAL LAND.—The conveyance constitutes an undue burden on the State; project elements, wetland banks, and other of the parcel of land described in subsection and independent projects that were authorized to (b)(1) to the Secretary shall be by a warranty (7) a viable multispecies fishery would spur be carried out in the Passaic River Basin be- deed acceptable to the Secretary. economic development in the region. fore the date of enactment of this Act. (B) FEDERAL LAND.—The instrument of (b) PURPOSES.—The purposes of this section conveyance used to convey the parcel of land are— (b) REEVALUATION OF FLOODWAY STUDY.— described in subsection (b)(2) to S.S.S., Inc. (1) to authorize and provide funding for the The Secretary shall review the Passaic River shall contain such reservations, terms, and design and construction of a multispecies Floodway Buyout Study, dated October 1995, conditions as the Secretary considers nec- fish hatchery at Fort Peck Lake, Montana; to calculate the benefits of a buyout and en- essary to allow the United States to operate and vironmental restoration using the method and maintain the Mississippi River 9-Foot (2) to ensure stable operation and mainte- used to calculate the benefits of structural Navigation Project. nance of the fish hatchery. projects under section 308(b) of the Water Re- (2) REMOVAL OF IMPROVEMENTS.— (c) DEFINITIONS.—In this section: sources Development Act of 1990 (33 U.S.C. (A) IN GENERAL.—S.S.S., Inc. may remove, (1) FORT PECK LAKE.—The term ‘‘Fort Peck 2318(b)). and the Secretary may require S.S.S., Inc. to Lake’’ means the reservoir created by the (c) REEVALUATION OF 10-YEAR FLOODPLAIN remove, any improvements on the parcel of damming of the upper Missouri River in STUDY.—The Secretary shall review the Pas- land described in subsection (b)(1). northeastern Montana. saic River Buyout Study of the 10-year flood- (B) NO LIABILITY.—If S.S.S., Inc., volun- (2) HATCHERY PROJECT.—The term ‘‘hatch- plain beyond the floodway of the Central tarily or under direction from the Secretary, ery project’’ means the project authorized by Passaic River Basin, dated September 1995, removes an improvement on the parcel of subsection (d). to calculate the benefits of a buyout and en- land described in subsection (b)(1)— (d) AUTHORIZATION.—The Secretary shall vironmental restoration using the method (i) S.S.S., Inc. shall have no claim against carry out a project at Fort Peck Lake, Mon- used to calculate the benefits of structural the United States for liability; and tana, for the design and construction of a projects under section 308(b) of the Water Re- (ii) the United States shall not incur or be fish hatchery and such associated facilities sources Development Act of 1990 (33 U.S.C. liable for any cost associated with the re- as are necessary to sustain a multispecies 2318(b)). moval or relocation of the improvement. fishery. (d) PRESERVATION OF NATURAL STORAGE (3) TIME LIMIT FOR LAND EXCHANGE.—Not (e) COST SHARING.— AREAS.— later than 2 years after the date of enact- (1) DESIGN AND CONSTRUCTION.— (1) IN GENERAL.—The Secretary shall re- ment of this Act, the land exchange under (A) FEDERAL SHARE.—The Federal share of evaluate the acquisition, from willing sell- subsection (a) shall be completed. the costs of design and construction of the ers, for flood protection purposes, of wet- (4) LEGAL DESCRIPTION.—The Secretary hatchery project shall be 75 percent. lands in the Central Passaic River Basin to shall provide legal descriptions of the parcels (B) FORM OF NON-FEDERAL SHARE.— supplement the wetland acquisition author- of land described in subsection (b), which (i) IN GENERAL.—The non-Federal share of ized by section 101(a)(18)(C)(vi) of the Water shall be used in the instruments of convey- the costs of the hatchery project may be pro- Resources Development Act of 1990 (104 Stat. ance of the parcels. vided in the form of cash or in the form of 4609). (5) ADMINISTRATIVE COSTS.—The Secretary land, easements, rights-of-way, services, (2) PURCHASE.—If the Secretary determines shall require S.S.S., Inc. to pay reasonable roads, or any other form of in-kind contribu- that the acquisition of wetlands evaluated administrative costs associated with the tion determined by the Secretary to be ap- under paragraph (1) is economically justi- land exchange under subsection (a). propriate. fied, the Secretary shall purchase the wet- (d) VALUE OF PROPERTIES.—If the appraised (ii) REQUIRED CREDITING.—The Secretary lands, with the goal of purchasing not more fair market value, as determined by the Sec- shall credit toward the non-Federal share of than 8,200 acres. retary, of the parcel of land conveyed to the costs of the hatchery project— (e) STREAMBANK EROSION CONTROL STUDY.— S.S.S., Inc. by the Secretary under sub- (I) the costs to the State of Montana of The Secretary shall review relevant reports section (a) exceeds the appraised fair market stocking Fort Peck Lake during the period and conduct a study to determine the feasi- value, as determined by the Secretary, of the beginning January 1, 1947; and bility of carrying out a project for environ- parcel of land conveyed to the United States (II) the costs to the State of Montana and mental restoration, erosion control, and by S.S.S., Inc. under that subsection, S.S.S., the counties having jurisdiction over land streambank restoration along the Passaic Inc. shall pay to the United States, in cash surrounding Fort Peck Lake of construction River, from Dundee Dam to Kearny Point, or a cash equivalent, an amount equal to the of local access roads to the lake. New Jersey. difference between the 2 values. (2) OPERATION, MAINTENANCE, REPAIR, AND (f) PASSAIC RIVER FLOOD MANAGEMENT SEC. 317. FORT PECK FISH HATCHERY, MONTANA. REPLACEMENT.— TASK FORCE.— (a) FINDINGS.—Congress finds that— (A) IN GENERAL.—Except as provided in (1) ESTABLISHMENT.—The Secretary, in co- (1) Fort Peck Lake, Montana, is in need of subparagraphs (B) and (C), the operation, operation with the non-Federal interest, a multispecies fish hatchery; maintenance, repair, and replacement of the shall establish a task force, to be known as (2) the burden of carrying out efforts to hatchery project shall be a non-Federal re- the ‘‘Passaic River Flood Management Task raise and stock fish species in Fort Peck sponsibility. Force’’, to provide advice to the Secretary September 25, 2000 CONGRESSIONAL RECORD — SENATE S9163

concerning all aspects of the Passaic River in the paragraph heading by striking ‘‘MAIN (I) Thence west along First Avenue to a flood management project. STEM,’’ and inserting ‘‘FLOOD MANAGEMENT point on the southerly extension of the west (2) MEMBERSHIP.—The task force shall be PROJECT,’’. line of T. 18. composed of 20 members, appointed as fol- SEC. 320. ROCKAWAY INLET TO NORTON POINT, (J) Thence north along that west line of T. lows: NEW YORK. 18 to the point of beginning. (A) APPOINTMENT BY SECRETARY.—The Sec- (a) IN GENERAL.—The project for shoreline SEC. 322. FOX POINT HURRICANE BARRIER, retary shall appoint 1 member to represent protection, Atlantic Coast of New York City PROVIDENCE, RHODE ISLAND. the Corps of Engineers and to provide tech- from Rockaway Inlet to Norton Point (Coney Section 352 of the Water Resources Devel- nical advice to the task force. Island Area), New York, authorized by sec- opment Act of 1999 (113 Stat. 310) is (B) APPOINTMENTS BY GOVERNOR OF NEW tion 501(a) of the Water Resources Develop- amended— JERSEY.—The Governor of New Jersey shall ment Act of 1986 (100 Stat. 4135) is modified (1) by inserting ‘‘(a) IN GENERAL.—’’ before appoint 18 members to the task force, as fol- to authorize the Secretary to construct T- ‘‘The’’; and lows: groins to improve sand retention down drift (2) by adding at the end the following: (i) 2 representatives of the New Jersey leg- of the West 37th Street groin, in the Sea ‘‘(b) CREDIT TOWARD NON-FEDERAL islature who are members of different polit- Gate area of Coney Island, New York, as SHARE.—The non-Federal interest shall re- ical parties. identified in the March 1998 report prepared ceive credit toward the non-Federal share of (ii) 1 representative of the State of New for the Corps of Engineers, entitled ‘‘Field project costs, or reimbursement, for the Fed- Jersey. Data Gathering Project Performance Anal- eral share of the costs of repairs authorized (iii) 1 representative of each of Bergen, ysis and Design Alternative Solutions to Im- under subsection (a) that are incurred by the Essex, Morris, and Passaic Counties, New prove Sandfill Retention’’, at a total cost of non-Federal interest before the date of exe- Jersey. $9,000,000, with an estimated Federal cost of cution of the project cooperation agree- (iv) 6 representatives of governments of $5,850,000 and an estimated non-Federal cost ment.’’. municipalities affected by flooding within of $3,150,000. SEC. 323. CHARLESTON HARBOR, SOUTH CARO- the Passaic River Basin. LINA. (b) COST SHARING.—The non-Federal share (v) 1 representative of the Palisades Inter- (a) ESTUARY RESTORATION.— state Park Commission. of the costs of constructing the T-groins under subsection (a) shall be 35 percent. (1) SUPPORT PLAN.— (vi) 1 representative of the North Jersey (A) IN GENERAL.—Not later than 1 year District Water Supply Commission. SEC. 321. JOHN DAY POOL, OREGON AND WASH- after the date of enactment of this Act, the (vii) 1 representative of each of— INGTON. Secretary shall develop a plan for activities (I) the Association of New Jersey Environ- (a) EXTINGUISHMENT OF REVERSIONARY IN- of the Corps of Engineers to support the res- mental Commissions; TERESTS AND USE RESTRICTIONS.—With re- toration of the ecosystem of the Charleston (II) the Passaic River Coalition; and spect to the land described in each deed spec- Harbor estuary, South Carolina. (III) the Sierra Club. ified in subsection (b)— (B) COOPERATION.—The Secretary shall de- (C) APPOINTMENT BY GOVERNOR OF NEW (1) the reversionary interests and the use velop the plan in cooperation with— YORK.—The Governor of New York shall ap- restrictions relating to port or industrial (i) the State of South Carolina; and point 1 representative of the State of New purposes are extinguished; (ii) other affected Federal and non-Federal York to the task force. (2) the human habitation or other building interests. (3) MEETINGS.— structure use restriction is extinguished in (2) PROJECTS.—The Secretary shall plan, (A) REGULAR MEETINGS.—The task force each area where the elevation is above the design, and construct projects to support the shall hold regular meetings. standard project flood elevation; and restoration of the ecosystem of the Charles- (B) OPEN MEETINGS.—The meetings of the (3) the use of fill material to raise low ton Harbor estuary. task force shall be open to the public. areas above the standard project flood ele- (3) EVALUATION PROGRAM.— (4) ANNUAL REPORT.—The task force shall vation is authorized, except in any low area (A) IN GENERAL.—The Secretary shall de- submit annually to the Secretary and to the constituting wetland for which a permit velop a program to evaluate the success of non-Federal interest a report describing the under section 404 of the Federal Water Pollu- the projects carried out under paragraph (2) achievements of the Passaic River flood tion Control Act (33 U.S.C. 1344) would be re- in meeting ecosystem restoration goals. management project in preventing flooding quired. (B) STUDIES.—Evaluations under subpara- and any impediments to completion of the (b) AFFECTED DEEDS.—Subsection (a) ap- graph (A) shall be conducted in consultation project. plies to deeds with the following county with the appropriate Federal, State, and (5) EXPENDITURE OF FUNDS.—The Secretary auditors’ numbers: local agencies. may use funds made available to carry out (1) Auditor’s Microfilm Numbers 229 and (b) COST SHARING.— the Passaic River Basin flood management 16226 of Morrow County, Oregon, executed by (1) DEVELOPMENT OF PLAN.—The Federal project to pay the administrative expenses of the United States. share of the cost of development of the plan the task force. (2) The portion of the land conveyed in a under subsection (a)(1) shall be 65 percent. (6) TERMINATION.—The task force shall ter- deed executed by the United States and bear- (2) PROJECT PLANNING, DESIGN, CONSTRUC- minate on the date on which the Passaic ing Benton County, Washington, Auditor’s TION, AND EVALUATION.—The Federal share of River flood management project is com- File Number 601766, described as a tract of the cost of planning, design, construction, pleted. land lying in sec. 7, T. 5 N., R. 28 E., Willam- and evaluation of a project under paragraphs (g) ACQUISITION OF LANDS IN THE ette meridian, Benton County, Washington, (2) and (3) of subsection (a) shall be 65 per- FLOODWAY.—Section 1148 of the Water Re- being more particularly described by the fol- cent. sources Development Act of 1986 (100 Stat. lowing boundaries: (3) NON-FEDERAL SHARE.— 4254; 110 Stat. 3718), is amended by adding at (A) Commencing at the point of intersec- (A) CREDIT FOR LAND, EASEMENTS, AND the end the following: tion of the centerlines of Plymouth Street RIGHTS-OF-WAY.—The non-Federal interest ‘‘(e) CONSISTENCY WITH NEW JERSEY BLUE and Third Avenue in the First Addition to shall receive credit for the value of any land, ACRES PROGRAM.—The Secretary shall carry the Town of Plymouth (according to the duly easement, right-of-way, relocation, or out this section in a manner that is con- recorded plat thereof). dredged material disposal area provided for sistent with the Blue Acres Program of the (B) Thence west along the centerline of carrying out a project under subsection State of New Jersey.’’. (h) STUDY OF HIGHLANDS LAND CONSERVA- Third Avenue, a distance of 565 feet. (a)(2). ° TION.—The Secretary, in cooperation with (C) Thence south 54 10’ west, to a point on (B) FORM.—The non-Federal interest may the Secretary of Agriculture and the State of the west line of Tract 18 of that Addition and provide up to 50 percent of the non-Federal New Jersey, may study the feasibility of con- the true point of beginning. share in the form of services, materials, sup- serving land in the Highlands region of New (D) Thence north, parallel with the west plies, or other in-kind contributions. Jersey and New York to provide additional line of that sec. 7, to a point on the north (4) OPERATION AND MAINTENANCE.—The op- flood protection for residents of the Passaic line of that sec. 7. eration, maintenance, repair, rehabilitation, River Basin in accordance with section 212 of (E) Thence west along the north line there- and replacement of projects carried out the Water Resources Development Act of of to the northwest corner of that sec. 7. under this section shall be a non-Federal re- 1999 (33 U.S.C. 2332). (F) Thence south along the west line of sponsibility. (i) RESTRICTION ON USE OF FUNDS.—The that sec. 7 to a point on the ordinary high (5) NON-FEDERAL INTERESTS.—Notwith- Secretary shall not obligate any funds to water line of the Columbia River. standing section 221 of the Flood Control Act carry out design or construction of the tun- (G) Thence northeast along that high of 1970 (42 U.S.C. 1962d–5b), for any project nel element of the Passaic River flood con- water line to a point on the north and south carried out under this section, a non-Federal trol project, as authorized by section coordinate line of the Oregon Coordinate interest may include a private interest and a 101(a)(18)(A) of the Water Resources Develop- System, North Zone, that coordinate line nonprofit entity. ment Act of 1990 (104 Stat. 4607). being east 2,291,000 feet. (c) AUTHORIZATION OF APPROPRIATIONS.— (j) CONFORMING AMENDMENT.—Section (H) Thence north along that line to a point (1) DEVELOPMENT OF PLAN.—There is au- 101(a)(18) of the Water Resources Develop- on the south line of First Avenue of that Ad- thorized to be appropriated to carry out sub- ment Act of 1990 (104 Stat. 4607) is amended dition. section (a)(1) $300,000. S9164 CONGRESSIONAL RECORD — SENATE September 25, 2000

(2) OTHER ACTIVITIES.—There is authorized SEC. 326. JOE POOL LAKE, TRINITY RIVER BASIN, (ii) protect and enhance water quality; or to be appropriated to carry out paragraphs TEXAS. (E) any other activity determined by the (2) and (3) of subsection (a) $5,000,000 for each (a) IN GENERAL.—The Secretary shall enter Secretary to be appropriate. of fiscal years 2001 through 2004. into an agreement with the city of Grand (c) PUBLIC OWNERSHIP REQUIREMENT.—The SEC. 324. SAVANNAH RIVER, SOUTH CAROLINA. Prairie, Texas, under which the city agrees Secretary may provide assistance for a crit- (a) DEFINITION OF NEW SAVANNAH BLUFF to assume all responsibilities of the Trinity ical restoration project under this section LOCK AND DAM.—In this section, the term River Authority of the State of Texas under only if— ‘‘New Savannah Bluff Lock and Dam’’ Contract No. DACW63–76–C–0166, other than (1) the critical restoration project is pub- means— financial responsibilities, except the respon- licly owned; or (1) the lock and dam at New Savannah sibility described in subsection (d). (2) the non-Federal interest with respect to (b) RESPONSIBILITIES OF TRINITY RIVER AU- Bluff, Savannah River, Georgia and South the critical restoration project demonstrates THORITY.—The Trinity River Authority shall Carolina; and that the critical restoration project will pro- be relieved of all financial responsibilities (2) the appurtenant features to the lock vide a substantial public benefit in the form under the contract described in subsection and dam, including— of water quality improvement. (a) as of the date on which the Secretary en- (A) the adjacent approximately 50-acre (d) PROJECT SELECTION.— ters into the agreement with the city under park and recreation area with improvements (1) IN GENERAL.—In consultation with the made under the project for navigation, Sa- that subsection. (c) PAYMENTS BY CITY.—In consideration of Lake Champlain Basin Program and the vannah River below Augusta, Georgia, au- the agreement entered into under subsection heads of other appropriate Federal, State, thorized by the first section of the Act of (a), the city shall pay the Federal Govern- tribal, and local agencies, the Secretary July 3, 1930 (46 Stat. 924, chapter 847) and the ment $4,290,000 in 2 installments— may— first section of the Act of August 30, 1935 (49 (1) 1 installment in the amount of (A) identify critical restoration projects in Stat. 1032, chapter 831); and $2,150,000, which shall be due and payable not the Lake Champlain watershed; and (B) other land that is part of the project later than December 1, 2000; and (B) carry out the critical restoration and that the Secretary determines to be ap- (2) 1 installment in the amount of projects after entering into an agreement propriate for conveyance under this section. $2,140,000, which shall be due and payable not with an appropriate non-Federal interest in (b) REPAIR AND CONVEYANCE.—After execu- accordance with section 221 of the Flood tion of an agreement between the Secretary later than December 1, 2003. (d) OPERATION AND MAINTENANCE COSTS.— Control Act of 1970 (42 U.S.C. 1962d–5b) and and the city of North Augusta and Aiken The agreement entered into under subsection this section. County, South Carolina, the Secretary— (a) shall include a provision requiring the (2) CERTIFICATION.— (1) shall repair and rehabilitate the New city to assume responsibility for all costs as- (A) IN GENERAL.—A critical restoration Savannah Bluff Lock and Dam, at full Fed- sociated with operation and maintenance of project shall be eligible for financial assist- eral expense estimated at $5,300,000; and the recreation facilities included in the con- ance under this section only if the State di- (2) after repair and rehabilitation, may tract described in that subsection. rector for the critical restoration project convey the New Savannah Bluff Lock and certifies to the Secretary that the critical Dam, without consideration, to the city of SEC. 327. LAKE CHAMPLAIN WATERSHED, VERMONT AND NEW YORK. restoration project will contribute to the North Augusta and Aiken County, South (a) DEFINITIONS.—In this section: protection and enhancement of the quality Carolina. (1) CRITICAL RESTORATION PROJECT.—The or quantity of the water resources of the (c) TREATMENT OF NEW SAVANNAH BLUFF term ‘‘critical restoration project’’ means a Lake Champlain watershed. LOCK AND DAM.—The New Savannah Bluff (B) SPECIAL CONSIDERATION.—In certifying Lock and Dam shall not be considered to be project that will produce, consistent with Federal programs, projects, and activities, critical restoration projects to the Sec- part of any Federal project after the convey- retary, State directors shall give special con- ance under subsection (b). immediate and substantial ecosystem res- sideration to projects that implement plans, (d) OPERATION AND MAINTENANCE.— toration, preservation, and protection bene- agreements, and measures that preserve and (1) BEFORE CONVEYANCE.—Before the con- fits. enhance the economic and social character veyance under subsection (b), the Secretary (2) LAKE CHAMPLAIN WATERSHED.—The term of the communities in the Lake Champlain shall continue to operate and maintain the ‘‘Lake Champlain watershed’’ means— watershed. New Savannah Bluff Lock and Dam. (A) the land areas within Addison, (e) COST SHARING.— (2) AFTER CONVEYANCE.—After the convey- Bennington, Caledonia, Chittenden, Frank- ance under subsection (b), operation and lin, Grand Isle, Lamoille, Orange, Orleans, (1) IN GENERAL.—Before providing assist- maintenance of all features of the project for Rutland, and Washington Counties in the ance under this section with respect to a navigation, Savannah River below Augusta, State of Vermont; and critical restoration project, the Secretary Georgia, described in subsection (a)(2)(A), (B)(i) the land areas that drain into Lake shall enter into a project cooperation agree- other than the New Savannah Bluff Lock and Champlain and that are located within ment that shall require the non-Federal Dam, shall continue to be a Federal responsi- Essex, Clinton, Franklin, Warren, and Wash- interest— bility. ington Counties in the State of New York; (A) to pay 35 percent of the total costs of the critical restoration project; SEC. 325. HOUSTON-GALVESTON NAVIGATION and CHANNELS, TEXAS. (ii) the near-shore areas of Lake Cham- (B) to acquire any land, easements, rights- (a) IN GENERAL.—Subject to the comple- plain within the counties referred to in of-way, relocations, and dredged material tion, not later than December 31, 2000, of a clause (i). disposal areas necessary to carry out the favorable report by the Chief of Engineers, (b) CRITICAL RESTORATION PROJECTS.— critical restoration project; the project for navigation and environmental (1) IN GENERAL.—The Secretary may par- (C) to pay 100 percent of the operation, restoration, Houston-Galveston Navigation ticipate in critical restoration projects in maintenance, repair, replacement, and reha- Channels, Texas, authorized by section the Lake Champlain watershed. bilitation costs associated with the critical 101(a)(30) of the Water Resources Develop- (2) TYPES OF PROJECTS.—A critical restora- restoration project; and ment Act of 1996 (110 Stat. 3666), is modified tion project shall be eligible for assistance (D) to hold the United States harmless to authorize the Secretary to design and con- under this section if the critical restoration from any claim or damage that may arise struct barge lanes adjacent to both sides of project consists of— from carrying out the critical restoration the Houston Ship Channel from Redfish Reef (A) implementation of an intergovern- project, except any claim or damage that to Morgan Point, a distance of approxi- mental agreement for coordinating regu- may arise from the negligence of the Federal mately 15 miles, to a depth of 12 feet, at a latory and management responsibilities with Government or a contractor of the Federal total cost of $34,000,000, with an estimated respect to the Lake Champlain watershed; Government. Federal cost of $30,600,000 and an estimated (B) acceleration of whole farm planning to (2) NON-FEDERAL SHARE.— non-Federal cost of $3,400,000. implement best management practices to (A) CREDIT FOR DESIGN WORK.—The non- (b) COST SHARING.—The non-Federal inter- maintain or enhance water quality and to Federal interest shall receive credit for the est shall pay a portion of the costs of con- promote agricultural land use in the Lake reasonable costs of design work carried out struction of the barge lanes under subsection Champlain watershed; by the non-Federal interest before the date (a) in accordance with section 101 of the (C) acceleration of whole community plan- of execution of a project cooperation agree- Water Resources Development Act of 1986 (33 ning to promote intergovernmental coopera- ment for the critical restoration project, if U.S.C. 2211). tion in the regulation and management of the Secretary finds that the design work is (c) FEDERAL INTEREST.—If the modification activities consistent with the goal of main- integral to the critical restoration project. under subsection (a) is in compliance with taining or enhancing water quality in the (B) CREDIT FOR LAND, EASEMENTS, AND all applicable environmental requirements, Lake Champlain watershed; RIGHTS-OF-WAY.—The non-Federal interest the modification shall be considered to be in (D) natural resource stewardship activities shall receive credit for the value of any land, the Federal interest. on public or private land to promote land easement, right-of-way, relocation, or (d) NO AUTHORIZATION OF MAINTENANCE.— uses that— dredged material disposal area provided for No maintenance is authorized to be carried (i) preserve and enhance the economic and carrying out the critical restoration project. out for the modification under subsection social character of the communities in the (C) FORM.—The non-Federal interest may (a). Lake Champlain watershed; and provide up to 50 percent of the non-Federal September 25, 2000 CONGRESSIONAL RECORD — SENATE S9165 share in the form of services, materials, sup- consult with, and give full consideration to tions of the scientific consensus document plies, or other in-kind contributions. the priorities of, public and private entities on Chesapeake Bay oyster restoration dated (f) APPLICABILITY OF OTHER FEDERAL AND that are active in watershed planning and June 1999; and STATE LAWS.—Nothing in this section ecosystem restoration in Puget Sound water- ‘‘(B) for assistance in the construction of waives, limits, or otherwise affects the appli- sheds, including— which reefs the Chief of Engineers shall so- cability of Federal or State law with respect (A) the Salmon Recovery Funding Board; licit participation by and the services of to a critical restoration project carried out (B) the Northwest Straits Commission; commercial watermen.’’. with assistance provided under this section. (C) the Hood Canal Coordinating Council; SEC. 332. GREAT LAKES DREDGING LEVELS AD- (g) AUTHORIZATION OF APPROPRIATIONS.— (D) county watershed planning councils; JUSTMENT. There is authorized to be appropriated to and (a) DEFINITION OF GREAT LAKE.—In this carry out this section $20,000,000, to remain (E) salmon enhancement groups. section, the term ‘‘Great Lake’’ means Lake available until expended. (d) IMPLEMENTATION.—The Secretary may Superior, Lake Michigan, Lake Huron (in- SEC. 328. MOUNT ST. HELENS, WASHINGTON. carry out critical restoration projects identi- cluding Lake St. Clair), Lake Erie, and Lake The project for sediment control, Mount fied under subsection (c) after entering into Ontario (including the St. Lawrence River to St. Helens, Washington, authorized by the an agreement with an appropriate non-Fed- the 45th parallel of latitude). matter under the heading ‘‘TRANSFER OF FED- eral interest in accordance with section 221 (b) DREDGING LEVELS.—In operating and ERAL TOWNSITES’’ in chapter IV of title I of of the Flood Control Act of 1970 (42 U.S.C. maintaining Federal channels and harbors the Supplemental Appropriations Act, 1985 1962d–5b) and this section. of, and the connecting channels between, the (99 Stat. 318), is modified to authorize the (e) COST SHARING.— Great Lakes, the Secretary shall conduct Secretary to maintain, for Longview, Kelso, (1) IN GENERAL.—Before carrying out any such dredging as is necessary to ensure mini- Lexington, and Castle Rock on the Cowlitz critical restoration project under this sec- mal operation depths consistent with the River, Washington, the flood protection lev- tion, the Secretary shall enter into a binding original authorized depths of the channels els specified in the October 1985 report enti- agreement with the non-Federal interest and harbors when water levels in the Great tled ‘‘Mount St. Helens, Washington, Deci- that shall require the non-Federal interest— Lakes are, or are forecast to be, below the sion Document (Toutle, Cowlitz, and Colum- (A) to pay 35 percent of the total costs of International Great Lakes Datum of 1985. bia Rivers)’’, published as House Document the critical restoration project; SEC. 333. GREAT LAKES FISHERY AND ECO- No. 135, 99th Congress, signed by the Chief of (B) to acquire any land, easements, rights- SYSTEM RESTORATION. Engineers, and endorsed and submitted to of-way, relocations, and dredged material (a) FINDINGS.—Congress finds that— Congress by the Acting Assistant Secretary disposal areas necessary to carry out the (1) the Great Lakes comprise a nationally of the Army. critical restoration project; and internationally significant fishery and SEC. 329. PUGET SOUND AND ADJACENT WATERS (C) to pay 100 percent of the operation, ecosystem; RESTORATION, WASHINGTON. maintenance, repair, replacement, and reha- (2) the Great Lakes fishery and ecosystem (a) DEFINITION OF CRITICAL RESTORATION bilitation costs associated with the critical should be developed and enhanced in a co- PROJECT.—In this section, the term ‘‘critical restoration project; and ordinated manner; and restoration project’’ means a project that (D) to hold the United States harmless (3) the Great Lakes fishery and ecosystem will produce, consistent with Federal pro- from any claim or damage that may arise provides a diversity of opportunities, experi- grams, projects, and activities, immediate from carrying out the critical restoration ences, and beneficial uses. and substantial ecosystem restoration, pres- project, except any claim or damage that (b) DEFINITIONS.—In this section: ervation, and protection benefits. may arise from the negligence of the Federal (1) GREAT LAKE.— (b) CRITICAL RESTORATION PROJECTS.—The Government or a contractor of the Federal (A) IN GENERAL.—The term ‘‘Great Lake’’ Secretary may participate in critical res- Government. means Lake Superior, Lake Michigan, Lake toration projects in the area of Puget Sound, (2) CREDIT.— Huron (including Lake St. Clair), Lake Erie, Washington, and adjacent waters, (A) IN GENERAL.—The non-Federal interest and Lake Ontario (including the St. Law- including— shall receive credit for the value of any land, rence River to the 45th parallel of latitude). (1) the watersheds that drain directly into easement, right-of-way, relocation, or (B) INCLUSIONS.—The term ‘‘Great Lake’’ Puget Sound; dredged material disposal area provided for includes any connecting channel, histori- (2) Admiralty Inlet; carrying out the critical restoration project. cally connected tributary, and basin of a (3) Hood Canal; (B) FORM.—The non-Federal interest may lake specified in subparagraph (A). (4) Rosario Strait; and provide up to 50 percent of the non-Federal (2) GREAT LAKES COMMISSION.—The term (5) the Strait of Juan de Fuca to Cape Flat- share in the form of services, materials, sup- ‘‘Great Lakes Commission’’ means The Great tery. plies, or other in-kind contributions. Lakes Commission established by the Great (c) PROJECT SELECTION.— (f) AUTHORIZATION OF APPROPRIATIONS.— Lakes Basin Compact (82 Stat. 414). (1) IN GENERAL.—The Secretary may iden- There is authorized to be appropriated to (3) GREAT LAKES FISHERY COMMISSION.—The tify critical restoration projects in the area carry out this section $20,000,000, of which term ‘‘Great Lakes Fishery Commission’’ described in subsection (b) based on— not more than $5,000,000 may be used to carry has the meaning given the term ‘‘Commis- (A) studies to determine the feasibility of out any 1 critical restoration project. sion’’ in section 2 of the Great Lakes Fishery carrying out the critical restoration SEC. 330. FOX RIVER SYSTEM, WISCONSIN. Act of 1956 (16 U.S.C. 931). projects; and Section 332(a) of the Water Resources De- (4) GREAT LAKES STATE.—The term ‘‘Great (B) analyses conducted before the date of velopment Act of 1992 (106 Stat. 4852) is Lakes State’’ means each of the States of Il- enactment of this Act by non-Federal inter- amended— linois, Indiana, Michigan, Minnesota, Ohio, ests. (1) by striking ‘‘The Secretary’’ and insert- Pennsylvania, New York, and Wisconsin. (2) CRITERIA AND PROCEDURES FOR REVIEW ing the following: (c) GREAT LAKES FISHERY AND ECOSYSTEM AND APPROVAL.— ‘‘(1) IN GENERAL.—The Secretary’’; and RESTORATION.— (A) IN GENERAL.—In consultation with the (2) by adding at the end the following: (1) SUPPORT PLAN.— Secretary of Commerce, the Secretary of the ‘‘(2) PAYMENTS TO STATE.—The terms and (A) IN GENERAL.—Not later than 1 year Interior, the Governor of the State of Wash- conditions may include 1 or more payments after the date of enactment of this Act, the ington, tribal governments, and the heads of to the State of Wisconsin to assist the State Secretary shall develop a plan for activities other appropriate Federal, State, and local in paying the costs of repair and rehabilita- of the Corps of Engineers that support the agencies, the Secretary may develop criteria tion of the transferred locks and appur- management of Great Lakes fisheries. and procedures for prioritizing critical res- tenant features.’’. (B) USE OF EXISTING DOCUMENTS.—To the toration projects identified under paragraph SEC. 331. CHESAPEAKE BAY OYSTER RESTORA- maximum extent practicable, the plan shall (1). TION. make use of and incorporate documents that (B) CONSISTENCY WITH FISH RESTORATION Section 704(b) of the Water Resources De- relate to the Great Lakes and are in exist- GOALS.—The criteria and procedures devel- velopment Act of 1986 (33 U.S.C. 2263(b)) is ence on the date of enactment of this Act, oped under subparagraph (A) shall be con- amended— such as lakewide management plans and re- sistent with fish restoration goals of the Na- (1) in the second sentence, by striking medial action plans. tional Marine Fisheries Service and the ‘‘$7,000,000’’ and inserting ‘‘$20,000,000’’; and (C) COOPERATION.—The Secretary shall de- State of Washington. (2) by striking paragraph (4) and inserting velop the plan in cooperation with— (C) USE OF EXISTING STUDIES AND PLANS.— the following: (i) the signatories to the Joint Strategic In carrying out subparagraph (A), the Sec- ‘‘(4) the construction of reefs and related Plan for Management of the Great Lakes retary shall use, to the maximum extent clean shell substrate for fish habitat, includ- Fisheries; and practicable, studies and plans in existence on ing manmade 3-dimensional oyster reefs, in (ii) other affected interests. the date of enactment of this Act to identify the Chesapeake Bay and its tributaries in (2) PROJECTS.—The Secretary shall plan, project needs and priorities. Maryland and Virginia— design, and construct projects to support the (3) LOCAL PARTICIPATION.—In prioritizing ‘‘(A) which reefs shall be preserved as per- restoration of the fishery, ecosystem, and critical restoration projects for implementa- manent sanctuaries by the non-Federal in- beneficial uses of the Great Lakes. tion under this section, the Secretary shall terests, consistent with the recommenda- (3) EVALUATION PROGRAM.— S9166 CONGRESSIONAL RECORD — SENATE September 25, 2000

(A) IN GENERAL.—The Secretary shall de- ‘‘(3) COST SHARING.—The non-Federal share (3) USE OF EXISTING INFORMATION.—In per- velop a program to evaluate the success of of the costs of developing a tributary sedi- forming the assessment, the Secretary shall, the projects carried out under paragraph (2) ment transport model under this subsection to the maximum extent practicable, use— in meeting fishery and ecosystem restora- shall be 50 percent.’’; and (A) information that is available on the tion goals. (2) in subsection (g)— date of enactment of this Act; and (B) STUDIES.—Evaluations under subpara- (A) by striking ‘‘There is authorized’’ and (B) ongoing efforts of all participating graph (A) shall be conducted in consultation inserting the following: agencies. with the Great Lakes Fishery Commission ‘‘(1) IN GENERAL.—There is authorized’’; (4) CRITERIA; FRAMEWORK.— and appropriate Federal, State, and local and (A) IN GENERAL.—Not later than 1 year agencies. (B) by adding at the end the following: after the date of enactment of this Act, the (d) COOPERATIVE AGREEMENTS.—In carrying ‘‘(2) GREAT LAKES TRIBUTARY MODEL.—In Secretary shall develop and make available out this section, the Secretary may enter addition to amounts made available under for public review and comment— into a cooperative agreement with the Great paragraph (1), there is authorized to be ap- (i) criteria for identifying and prioritizing Lakes Commission or any other agency es- propriated to carry out subsection (e) critical problems and needs; and tablished to facilitate active State participa- $5,000,000 for each of fiscal years 2001 through (ii) a framework for development of water- tion in management of the Great Lakes. 2008.’’. shed or regional restoration plans. (e) RELATIONSHIP TO OTHER GREAT LAKES SEC. 336. TREATMENT OF DREDGED MATERIAL (B) USE OF RESOURCES.—In developing the ACTIVITIES.—No activity under this section FROM LONG ISLAND SOUND. criteria and framework, the Secretary shall shall affect the date of completion of any (a) IN GENERAL.—Not later than December make full use of all available Federal, State, other activity relating to the Great Lakes 31, 2002, the Secretary shall carry out a dem- tribal, regional, and local resources. that is authorized under other law. onstration project for the use of innovative (5) REPORT.—Not later than October l, 2002, (f) COST SHARING.— sediment treatment technologies for the the Secretary shall submit to Congress a re- (1) DEVELOPMENT OF PLAN.—The Federal port on the assessment. share of the cost of development of the plan treatment of dredged material from Long Is- land Sound. under subsection (c)(1) shall be 65 percent. (c) RESTORATION PLANS.— (b) PROJECT CONSIDERATIONS.—In carrying (2) PROJECT PLANNING, DESIGN, CONSTRUC- (1) IN GENERAL.—After the report is sub- out subsection (a), the Secretary shall, to TION, AND EVALUATION.—The Federal share of mitted under subsection (b)(5), the Sec- the cost of planning, design, construction, the maximum extent practicable— retary, in coordination with appropriate and evaluation of a project under paragraph (1) encourage partnerships between the Federal, State, tribal, regional, and local (2) or (3) of subsection (c) shall be 65 percent. public and private sectors; agencies, shall— (2) build on treatment technologies that (3) NON-FEDERAL SHARE.— (A) develop a comprehensive plan for re- have been used successfully in demonstra- (A) CREDIT FOR LAND, EASEMENTS, AND storing, preserving, and protecting the water tion or full-scale projects (such as projects RIGHTS-OF-WAY.—The non-Federal interest resources and ecosystem in each watershed shall receive credit for the value of any land, carried out in the State of New York, New and region in New England; and easement, right-of-way, relocation, or Jersey, or Illinois), such as technologies de- (B) submit the plan to Congress. scribed in— dredged material disposal area provided for (2) CONTENTS.—Each restoration plan shall carrying out a project under subsection (A) section 405 of the Water Resources De- include— (c)(2). velopment Act of 1992 (33 U.S.C. 2239 note; 106 (A) a feasibility report; and Stat. 4863); or (B) FORM.—The non-Federal interest may (B) a programmatic environmental impact provide up to 50 percent of the non-Federal (B) section 503 of the Water Resources De- statement covering the proposed Federal ac- share required under paragraphs (1) and (2) in velopment Act of 1999 (33 U.S.C. 2314 note; 113 tion. Stat. 337); the form of services, materials, supplies, or (d) CRITICAL RESTORATION PROJECTS.— other in-kind contributions. (3) ensure that dredged material from Long Island Sound that is treated under the dem- (1) IN GENERAL.—After the restoration (4) OPERATION AND MAINTENANCE.—The op- onstration project is disposed of by bene- plans are submitted under subsection eration, maintenance, repair, rehabilitation, (c)(1)(B), the Secretary, in coordination with and replacement of projects carried out ficial reuse, by open water disposal, or at a licensed waste facility, as appropriate; and appropriate Federal, State, tribal, regional, under this section shall be a non-Federal re- and local agencies, shall identify critical res- sponsibility. (4) ensure that the demonstration project is consistent with the findings and require- toration projects that will produce inde- (5) NON-FEDERAL INTERESTS.—Notwith- ments of any draft environmental impact pendent, immediate, and substantial restora- standing section 221 of the Flood Control Act tion, preservation, and protection benefits. of 1970 (42 U.S.C. 1962d–5b), for any project statement on the designation of 1 or more dredged material disposal sites in Long Is- (2) AGREEMENTS.—The Secretary may carried out under this section, a non-Federal carry out a critical restoration project after interest may include a private interest and a land Sound that is scheduled for completion in 2001. entering into an agreement with an appro- nonprofit entity. priate non-Federal interest in accordance (g) AUTHORIZATION OF APPROPRIATIONS.— (c) AUTHORIZATION OF APPROPRIATIONS.— There is authorized to be appropriated to with section 221 of the Flood Control Act of (1) DEVELOPMENT OF PLAN.—There is au- 1970 (42 U.S.C. 1962d–5b) and this section. thorized to be appropriated for development carry out this section $20,000,000. (3) PROJECT JUSTIFICATION.—Notwith- of the plan under subsection (c)(1) $300,000. SEC. 337. NEW ENGLAND WATER RESOURCES AND ECOSYSTEM RESTORATION. standing section 209 of the Flood Control Act (2) OTHER ACTIVITIES.—There is authorized of 1970 (42 U.S.C. 1962–2) or any other provi- (a) DEFINITIONS.—In this section: to be appropriated to carry out paragraphs sion of law, in carrying out a critical res- (2) and (3) of subsection (c) $8,000,000 for each (1) CRITICAL RESTORATION PROJECT.—The term ‘‘critical restoration project’’ means a toration project under this subsection, the of fiscal years 2002 through 2006. Secretary may determine that the project— SEC. 334. GREAT LAKES REMEDIAL ACTION project that will produce, consistent with Federal programs, projects, and activities, (A) is justified by the environmental bene- PLANS AND SEDIMENT REMEDI- fits derived from the ecosystem; and ATION. immediate and substantial ecosystem res- Section 401 of the Water Resources Devel- toration, preservation, and protection bene- (B) shall not need further economic jus- opment Act of 1990 (33 U.S.C. 1268 note; 104 fits. tification if the Secretary determines that the project is cost effective. Stat. 4644; 110 Stat. 3763; 113 Stat. 338) is (2) NEW ENGLAND.—The term ‘‘New Eng- amended— land’’ means all watersheds, estuaries, and (4) TIME LIMITATION.—No critical restora- (1) in subsection (a)(2)(A), by striking ‘‘50 related coastal areas in the States of Con- tion project may be initiated under this sub- percent’’ and inserting ‘‘35 percent’’; necticut, Maine, Massachusetts, New Hamp- section after September 30, 2005. (2) in subsection (b)— shire, Rhode Island, and Vermont. (5) COST LIMITATION.—Not more than $5,000,000 in Federal funds may be used to (A) by striking paragraph (3); (b) ASSESSMENT.— carry out a critical restoration project under (B) in the first sentence of paragraph (4), (1) IN GENERAL.—The Secretary, in coordi- by striking ‘‘50 percent’’ and inserting ‘‘35 nation with appropriate Federal, State, trib- this subsection. percent’’; and al, regional, and local agencies, shall per- (e) COST SHARING.— (C) by redesignating paragraph (4) as para- form an assessment of the condition of water (1) ASSESSMENT.— graph (3); and resources and related ecosystems in New (A) IN GENERAL.—The non-Federal share of (3) in subsection (c), by striking ‘‘$5,000,000 England to identify problems and needs for the cost of the assessment under subsection for each of fiscal years 1998 through 2000.’’ restoring, preserving, and protecting water (b) shall be 25 percent. and inserting ‘‘$10,000,000 for each of fiscal resources, ecosystems, wildlife, and fisheries. (B) IN-KIND CONTRIBUTIONS.—The non-Fed- years 2001 through 2010.’’. (2) MATTERS TO BE ADDRESSED.—The assess- eral share may be provided in the form of SEC. 335. GREAT LAKES TRIBUTARY MODEL. ment shall include— services, materials, or other in-kind con- Section 516 of the Water Resources Devel- (A) development of criteria for identifying tributions. opment Act of 1996 (33 U.S.C. 2326b) is and prioritizing the most critical problems (2) RESTORATION PLANS.— amended— and needs; and (A) IN GENERAL.—The non-Federal share of (1) in subsection (e), by adding at the end (B) a framework for development of water- the cost of developing the restoration plans the following: shed or regional restoration plans. under subsection (c) shall be 35 percent. September 25, 2000 CONGRESSIONAL RECORD — SENATE S9167

(B) IN-KIND CONTRIBUTIONS.—Up to 50 per- (v) North 50 degrees, 48 minutes, 26 seconds (b) REQUIRED ELEMENTS.—The study shall cent of the non-Federal share may be pro- West 305.48 feet (coordinate: N682,156.10, include consideration of— vided in the form of services, materials, or E638,996.80). (1) an outlet works through the Yolo By- other in-kind contributions. (vi) North 3 degrees, 33 minutes, 25 seconds pass capable of receiving up to 1,600 cubic (3) CRITICAL RESTORATION PROJECTS.— East 145.04 feet (coordinate: N682,300.86, feet per second of storm drainage from the (A) IN GENERAL.—The non-Federal share of E639,005.80). city of Woodland and Yolo County; the cost of carrying out a critical restora- (3) NEW YORK AND NEW JERSEY CHANNELS, (2) a low-flow cross-channel across the tion project under subsection (d) shall be 35 NEW YORK AND NEW JERSEY.—The portion of Yolo Bypass, including all appurtenant fea- percent. the project for navigation, New York and tures, that is sufficient to route storm flows (B) IN-KIND CONTRIBUTIONS.—Up to 50 per- New Jersey Channels, New York and New of 1,600 cubic feet per second between the old cent of the non-Federal share may be pro- Jersey, authorized by the first section of the and new south levees of the Cache Creek Set- vided in the form of services, materials, or Act of August 30, 1935 (49 Stat. 1030, chapter tling Basin, across the Yolo Bypass, and into other in-kind contributions. 831), and modified by section 101 of the River the Tule Canal; and (C) REQUIRED NON-FEDERAL CONTRIBUTION.— and Harbor Act of 1950 (64 Stat. 164), con- (3) such other features as the Secretary de- For any critical restoration project, the non- sisting of a 35-foot-deep channel beginning at termines to be appropriate. Federal interest shall— a point along the western limit of the au- SEC. 404. ESTUDILLO CANAL WATERSHED, CALI- (i) provide all land, easements, rights-of- thorized project, N644100.411, E2129256.91, FORNIA. way, dredged material disposal areas, and re- thence running southeast about 38.25 feet to The Secretary shall conduct a study to de- locations; a point N644068.885, E2129278.565, thence run- termine the feasibility of constructing flood (ii) pay all operation, maintenance, re- ning south about 1163.86 feet to a point control measures in the Estudillo Canal wa- placement, repair, and rehabilitation costs; N642912.127, E2129150.209, thence running tershed, San Leandro, Calfornia. and southwest about 56.9 feet to a point (iii) hold the United States harmless from N642864.09, E2129119.725, thence running north SEC. 405. LAGUNA CREEK WATERSHED, CALI- FORNIA. all claims arising from the construction, op- along the western limit of the project to the eration, and maintenance of the project. point of origin. The Secretary shall conduct a study to de- (D) CREDIT.—The non-Federal interest (4) WARWICK COVE, RHODE ISLAND.—The por- termine the feasibility of constructing flood shall receive credit for the value of the land, tion of the project for navigation, Warwick control measures in the Laguna Creek water- easements, rights-of-way, dredged material Cove, Rhode Island, authorized under section shed, Fremont, California, to provide a 100- disposal areas, and relocations provided 107 of the River and Harbor Act of 1960 (33 year level of flood protection. under subparagraph (C). U.S.C. 577), which is located within the 5- SEC. 406. OCEANSIDE, CALIFORNIA. (f) AUTHORIZATION OF APPROPRIATIONS.— acre, 6-foot anchorage area west of the chan- Not later than 32 months after the date of (1) ASSESSMENT AND RESTORATION PLANS.— nel: beginning at a point with coordinates enactment of this Act, the Secretary shall There is authorized to be appropriated to N221,150.027, E528,960.028, thence running conduct a special study, at full Federal ex- carry out subsections (b) and (c) $2,000,000 for southerly about 257.39 feet to a point with pense, of plans— each of fiscal years 2001 through 2005. coordinates N220,892.638, E528,960.028, thence (1) to mitigate for the erosion and other (2) CRITICAL RESTORATION PROJECTS.—There running northwesterly about 346.41 feet to a impacts resulting from the construction of is authorized to be appropriated to carry out point with coordinates N221,025.270, Camp Pendleton Harbor, Oceanside, Cali- subsection (d) $30,000,000. E528,885.780, thence running northeasterly fornia, as a wartime measure; and SEC. 338. PROJECT DEAUTHORIZATIONS. about 145.18 feet to the point of origin. (2) to restore beach conditions along the The following projects or portions of SEC. 339. BOGUE BANKS, CARTERET COUNTY, affected public and private shores to the con- projects are not authorized after the date of NORTH CAROLINA. ditions that existed before the construction enactment of this Act: (a) DEFINITION OF BEACHES.—In this sec- of Camp Pendleton Harbor. (1) KENNEBUNK RIVER, KENNEBUNK AND tion, the term ‘‘beaches’’ means the fol- SEC. 407. SAN JACINTO WATERSHED, CALI- KENNEBUNKPORT, MAINE.—The following por- lowing beaches located in Carteret County, FORNIA. North Carolina: tion of the project for navigation, (a) IN GENERAL.—The Secretary shall con- Kennebunk River, Maine, authorized by sec- (1) Atlantic Beach. duct a watershed study for the San Jacinto tion 101 of the River and Harbor Act of 1962 (2) Pine Knoll Shores Beach. watershed, California. (3) Salter Path Beach. (76 Stat. 1173), is not authorized after the (b) AUTHORIZATION OF APPROPRIATIONS.— (4) Indian Beach. date of enactment of this Act: the portion of There is authorized to be appropriated to (5) Emerald Isle Beach. the northernmost 6-foot deep anchorage the carry out this section $250,000. boundaries of which begin at a point with co- (b) RENOURISHMENT STUDY.—The Secretary ordinates N1904693.6500, E418084.2700, thence shall expedite completion of a study under SEC. 408. CHOCTAWHATCHEE RIVER, FLORIDA. running south 01 degree 04 minutes 50.3 sec- section 145 of the Water Resources Develop- The Secretary shall conduct a reconnais- onds 35 feet to a point with coordinates ment Act of 1976 (33 U.S.C. 426j) on the expe- sance study to determine the Federal inter- N190434.6562, E418084.9301, thence running dited renourishment, through sharing of the est in dredging the mouth of the south 15 degrees 53 minutes 45.5 seconds costs of deposition of sand and other mate- Choctawhatchee River, Florida, to remove 416.962 feet to a point with coordinates rial used for beach renourishment, of the the sand plug. N190033.6386, E418199.1325, thence running beaches of Bogue Banks in Carteret County, SEC. 409. EGMONT KEY, FLORIDA. north 03 degrees 11 minutes 30.4 seconds 70 North Carolina. The Secretary shall conduct a study to de- feet to a point with coordinates N190103.5300, TITLE IV—STUDIES termine the feasibility of stabilizing the his- E418203.0300, thence running north 17 degrees SEC. 401. BALDWIN COUNTY, ALABAMA. toric fortifications and beach areas of 58 minutes 18.3 seconds west 384.900 feet to The Secretary shall conduct a study to de- Egmont Key, Florida, that are threatened by the point of origin. termine the feasibility of carrying out beach erosion. (2) WALLABOUT CHANNEL, BROOKLYN, NEW erosion control, storm damage reduction, SEC. 410. FERNANDINA HARBOR, FLORIDA. YORK.— and other measures along the shores of Bald- (A) IN GENERAL.—The northeastern portion The Secretary shall conduct a study to de- win County, Alabama. of the project for navigation, Wallabout termine the feasibility of realigning the ac- Channel, Brooklyn, New York, authorized by SEC. 402. BONO, ARKANSAS. cess channel in the vicinity of the the Act of March 3, 1899 (30 Stat. 1124, chap- The Secretary shall conduct a study to de- Fernandina Beach Municipal Marina as part ter 425), beginning at a point N682,307.40, termine the feasibility of, and need for, a of project for navigation, Fernandina, Flor- E638,918.10, thence running along the courses reservoir and associated improvements to ida, authorized by the first section of the Act and distances described in subparagraph (B). provide for flood control, recreation, water of June 14, 1880 (21 Stat. 186, chapter 211). (B) COURSES AND DISTANCES.—The courses quality, and fish and wildlife in the vicinity SEC. 411. UPPER OCKLAWAHA RIVER AND and distances referred to in subparagraph (A) of Bono, Arkansas. APOPKA/PALATLAKAHA RIVER BA- are the following: SEC. 403. CACHE CREEK BASIN, CALIFORNIA. SINS, FLORIDA. (i) South 85 degrees, 44 minutes, 13 seconds (a) IN GENERAL.—The Secretary shall con- (a) IN GENERAL.—The Secretary shall con- East 87.94 feet (coordinate: N682,300.86, duct a study to determine the feasibility of duct a restudy of flooding and water quality E639,005.80). modifying the project for flood control, issues in— (ii) North 74 degrees, 41 minutes, 30 seconds Cache Creek Basin, California, authorized by (1) the upper Ocklawaha River basin, south East 271.54 feet (coordinate: N682,372.55, section 401(a) of the Water Resources Devel- of the Silver River; and E639,267.71). opment Act of 1986 (100 Stat. 4112), to author- (2) the Apopka River and Palatlakaha (iii) South 4 degrees, 46 minutes, 02 seconds ize construction of features to mitigate im- River basins. West 170.95 feet (coordinate: N682,202.20, pacts of the project on the storm drainage (b) REQUIRED ELEMENTS.—In carrying out E639,253.50). system of the city of Woodland, California, subsection (a), the Secretary shall review the (iv) South 4 degrees, 46 minutes, 02 seconds that have been caused by construction of a report of the Chief of Engineers on the Four West 239.97 feet (coordinate: N681,963.06, new south levee of the Cache Creek Settling River Basins, Florida, project, published as E639,233.56). Basin. House Document No. 585, 87th Congress, and S9168 CONGRESSIONAL RECORD — SENATE September 25, 2000 other pertinent reports to determine the fea- SEC. 422. MERRIMACK RIVER BASIN, MASSACHU- SEC. 429. GRAND LAKE, OKLAHOMA. sibility of measures relating to comprehen- SETTS AND NEW HAMPSHIRE. (a) EVALUATION.—The Secretary shall— sive watershed planning for water conserva- (a) IN GENERAL.—The Secretary shall con- (1) evaluate the backwater effects specifi- tion, flood control, environmental restora- duct a comprehensive study of the water re- cally due to flood control operations on land tion and protection, and other issues relat- sources needs of the Merrimack River basin, around Grand Lake, Oklahoma; and ing to water resources in the river basins de- Massachusetts and New Hampshire, in the (2) not later than 180 days after the date of scribed in subsection (a). manner described in section 729 of the Water enactment of this Act, submit to Congress a SEC. 412. BOISE RIVER, IDAHO. Resources Development Act of 1986 (100 Stat. report on whether Federal actions have been 4164). The Secretary shall conduct a study to de- a significant cause of the backwater effects. (b) CONSIDERATION OF OTHER STUDIES.—In termine the feasibility of carrying out (b) FEASIBILITY STUDY.— carrying out this section, the Secretary may multi-objective flood control activities along (1) IN GENERAL.—The Secretary shall con- take into consideration any studies con- the Boise River, Idaho. duct a study to determine the feasibility of— ducted by the University of New Hampshire (A) addressing the backwater effects of the SEC. 413. WOOD RIVER, IDAHO. on environmental restoration of the operation of the Pensacola Dam, Grand/Neo- The Secretary shall conduct a study to de- Merrimack River System. sho River basin; and termine the feasibility of carrying out SEC. 423. PORT OF GULFPORT, MISSISSIPPI. (B) purchasing easements for any land that multi-objective flood control and flood miti- The Secretary shall conduct a study to de- has been adversely affected by backwater gation planning projects along the Wood termine the feasibility of modifying the flooding in the Grand/Neosho River basin. River in Blaine County, Idaho. project for navigation, Gulfport Harbor, Mis- (2) COST SHARING.—If the Secretary deter- SEC. 414. CHICAGO, ILLINOIS. sissippi, authorized by section 202(a) of the mines under subsection (a)(2) that Federal (a) IN GENERAL.—The Secretary shall con- Water Resources Development Act of 1986 actions have been a significant cause of the duct a study to determine the feasibility of (100 Stat. 4094) and modified by section 4(n) backwater effects, the Federal share of the carrying out projects for water-related urban of the Water Resources Development Act of costs of the feasibility study under para- improvements, including infrastructure de- 1988 (102 Stat. 4017)— graph (1) shall be 100 percent. velopment and improvements, in Chicago, Il- (1) to widen the channel from 300 feet to 450 SEC. 430. DREDGED MATERIAL DISPOSAL SITE, linois. feet; and RHODE ISLAND. (b) SITES.—Under subsection (a), the Sec- (2) to deepen the South Harbor channel In consultation with the Administrator of retary shall study— from 36 feet to 42 feet and the North Harbor the Environmental Protection Agency, the (1) the USX/Southworks site; channel from 32 feet to 36 feet. Secretary shall conduct a study to determine (2) Calumet Lake and River; SEC. 424. UPLAND DISPOSAL SITES IN NEW the feasibility of designating a permanent (3) the Canal Origins Heritage Corridor; HAMPSHIRE. site in the State of Rhode Island for the dis- and In conjunction with the State of New posal of dredged material. (4) Ping Tom Park. Hampshire, the Secretary shall conduct a SEC. 431. CHICKAMAUGA LOCK AND DAM, TEN- (c) USE OF INFORMATION; CONSULTATION.—In study to identify and evaluate potential up- NESSEE. carrying out this section, the Secretary shall land disposal sites for dredged material orig- (a) IN GENERAL.—The Secretary shall use use available information from, and consult inating from harbor areas located within the $200,000, from funds transferred from the with, appropriate Federal, State, and local State. Tennessee Valley Authority, to prepare a re- agencies. SEC. 425. SOUTHWEST VALLEY, ALBUQUERQUE, port of the Chief of Engineers for a replace- SEC. 415. BOEUF AND BLACK, LOUISIANA. NEW MEXICO. ment lock at Chickamauga Lock and Dam, The Secretary shall conduct a study to de- Section 433 of the Water Resources Devel- Tennessee. termine the feasibility of deepening the opment Act of 1999 (113 Stat. 327) is (b) FUNDING.—As soon as practicable after navigation channel of the Atchafalaya River amended— the date of enactment of this Act, the Ten- and Bayous Chene, Boeuf and Black, Lou- (1) by inserting ‘‘(a) IN GENERAL.—’’ before nessee Valley Authority shall transfer the isiana, from 20 feet to 35 feet. ‘‘The’’; and funds described in subsection (a) to the Sec- (2) by adding at the end the following: SEC. 416. PORT OF IBERIA, LOUISIANA. retary. ‘‘(b) EVALUATION OF FLOOD DAMAGE REDUC- The Secretary shall conduct a study to de- SEC. 432. GERMANTOWN, TENNESSEE. TION MEASURES.—In conducting the study, termine the feasibility of constructing navi- (a) IN GENERAL.—The Secretary shall con- the Secretary shall evaluate flood damage duct a study to determine the feasibility of gation improvements for ingress and egress reduction measures that would otherwise be between the Port of Iberia, Louisiana, and carrying out a project for flood control and excluded from the feasibility analysis based related purposes along Miller Farms Ditch, the Gulf of Mexico, including channel wid- on policies of the Corps of Engineers con- ening and deepening. Howard Road Drainage, and Wolf River Lat- cerning the frequency of flooding, the drain- eral D, Germantown, Tennessee. SEC. 417. SOUTH LOUISIANA. age area, and the amount of runoff.’’. (b) JUSTIFICATION ANALYSIS.—The Sec- The Secretary shall conduct a study to de- SEC. 426. CUYAHOGA RIVER, OHIO. termine the feasibility of constructing retary shall include environmental and Section 438 of the Water Resources Devel- water quality benefits in the justification projects for hurricane protection in the opment Act of 1996 (110 Stat. 3746) is amended coastal area of the State of Louisiana be- analysis for the project. to read as follows: (c) COST SHARING.— tween Morgan City and the Pearl River. ‘‘SEC. 438. CUYAHOGA RIVER, OHIO. (1) FEDERAL SHARE.—The Federal share of SEC. 418. ST. JOHN THE BAPTIST PARISH, LOU- ‘‘(a) IN GENERAL.—The Secretary shall— the costs of the feasibility study under sub- ISIANA. ‘‘(1) conduct a study to evaluate the struc- section (a) shall not exceed 25 percent. The Secretary shall conduct a study to de- tural integrity of the bulkhead system lo- (2) NON-FEDERAL SHARE.—The Secretary— termine the feasibility of constructing urban cated on the Federal navigation channel (A) shall credit toward the non-Federal flood control measures on the east bank of along the Cuyahoga River near Cleveland, share of the costs of the feasibility study the the Mississippi River in St. John the Baptist Ohio; and value of the in-kind services provided by the Parish, Louisiana. ‘‘(2) provide to the non-Federal interest de- non-Federal interests relating to the plan- SEC. 419. PORTLAND HARBOR, MAINE. sign analysis, plans and specifications, and ning, engineering, and design of the project, The Secretary shall conduct a study to de- cost estimates for repair or replacement of whether carried out before or after execution termine the adequacy of the channel depth the bulkhead system. of the feasibility study cost-sharing agree- at Portland Harbor, Maine. ‘‘(b) COST SHARING.—The non-Federal share ment; and SEC. 420. PORTSMOUTH HARBOR AND of the cost of the study shall be 35 percent. (B) for the purposes of subparagraph (A), PISCATAQUA RIVER, MAINE AND ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— shall consider the feasibility study to be con- NEW HAMPSHIRE. There is authorized to be appropriated to ducted as part of the Memphis Metro Ten- The Secretary shall conduct a study to de- carry out this section $500,000.’’. nessee and Mississippi study authorized by termine the feasibility of modifying the SEC. 427. DUCK CREEK WATERSHED, OHIO. resolution of the Committee on Transpor- project for navigation, Portsmouth Harbor The Secretary shall conduct a study to de- tation and Infrastructure, dated March 7, and Piscataqua River, Maine and New Hamp- termine the feasibility of carrying out flood 1996. shire, authorized by section 101 of the River control, environmental restoration, and SEC. 433. HORN LAKE CREEK AND TRIBUTARIES, and Harbor Act of 1962 (76 Stat. 1173) and aquatic ecosystem restoration measures in TENNESSEE AND MISSISSIPPI. modified by section 202(a) of the Water Re- the Duck Creek watershed, Ohio. (a) IN GENERAL.—The Secretary shall con- sources Development Act of 1986 (100 Stat. SEC. 428. FREMONT, OHIO. duct a study to determine the feasibility of 4095), to increase the authorized width of In consultation with appropriate Federal, modifying the project for flood control, Horn turning basins in the Piscataqua River to State, and local agencies, the Secretary Lake Creek and Tributaries, Tennessee and 1,000 feet. shall conduct a study to determine the feasi- Mississippi, authorized by section 401(a) of SEC. 421. SEARSPORT HARBOR, MAINE. bility of carrying out projects for water sup- the Water Resources Development Act of The Secretary shall conduct a study to de- ply and environmental restoration at the 1986 (100 Stat. 4124), to provide a high level of termine the adequacy of the channel depth Ballville Dam, on the Sandusky River at urban flood protection to development along at Searsport Harbor, Maine. Fremont, Ohio. Horn Lake Creek. September 25, 2000 CONGRESSIONAL RECORD — SENATE S9169

(b) REQUIRED ELEMENT.—The study shall SEC. 439. WILLAPA BAY, WASHINGTON. describing the results of the study under this include a limited reevaluation of the project (a) STUDY.—The Secretary shall conduct a section, including any findings and rec- to determine the appropriate design, as de- study to determine the feasibility of pro- ommendations of the study. sired by the non-Federal interests. viding coastal erosion protection for the (e) FUNDING.— SEC. 434. CEDAR BAYOU, TEXAS. Tribal Reservation of the Shoalwater Bay In- (1) AUTHORIZATION OF APPROPRIATIONS.— The Secretary shall conduct a study to de- dian Tribe on Willapa Bay, Washington. There is authorized to be appropriated to termine the feasibility of constructing a 12- (b) PROJECT.— carry out this section $5,000,000 for each of foot-deep and 125-foot-wide channel from the (1) IN GENERAL.—Notwithstanding any fiscal years 2001 through 2005. Houston Ship Channel to Cedar Bayou, mile other provision of law (including any re- (2) FEDERAL SHARE.—The Federal share of marker 11, Texas. quirement for economic justification), the the cost of carrying out this section shall be SEC. 435. HOUSTON SHIP CHANNEL, TEXAS. Secretary may construct and maintain a 50 percent. The Secretary shall conduct a study to de- project to provide coastal erosion protection SEC. 441. CLIFF WALK IN NEWPORT, RHODE IS- termine the feasibility of constructing barge for the Tribal Reservation of the Shoalwater LAND. lanes adjacent to both sides of the Houston Bay Indian Tribe on Willapa Bay, Wash- The Secretary shall conduct a study to de- Ship Channel from Bolivar Roads to Morgan ington, at full Federal expense, if the Sec- termine the project deficiencies and identify Point, Texas, to a depth of 12 feet. retary determines that the project— the necessary measures to restore the SEC. 436. SAN ANTONIO CHANNEL, TEXAS. (A) is a cost-effective means of providing project for Cliff Walk in Newport, Rhode Is- The Secretary shall conduct a study to de- erosion protection; land to meet its authorized purpose. termine the feasibility of modifying the (B) is environmentally acceptable and SEC. 442. QUONSET POINT CHANNEL RECONNAIS- project for San Antonio Channel improve- technically feasible; and SANCE STUDY. ment, Texas, authorized by section 203 of the (C) will improve the economic and social The Secretary shall conduct a reconnais- Flood Control Act of 1954 (68 Stat. 1259), and conditions of the Shoalwater Bay Indian sance study to determine the Federal inter- modified by section 103 of the Water Re- Tribe. est in dredging the Quonset Point navigation sources Development Act of 1976 (90 Stat. (2) LAND, EASEMENTS, AND RIGHTS-OF-WAY.— channel in Narragansett Bay, Rhode Island. As a condition of the project described in 2921), to add environmental restoration and TITLE V—MISCELLANEOUS PROVISIONS recreation as project purposes. paragraph (1), the Shoalwater Bay Indian SEC. 501. VISITORS CENTERS. SEC. 437. VERMONT DAMS REMEDIATION. Tribe shall provide land, easements, rights- (a) JOHN PAUL HAMMERSCHMIDT VISITORS (a) IN GENERAL.—The Secretary shall— of-way, and dredged material disposal areas CENTER, ARKANSAS.—Section 103(e) of the (1) conduct a study to evaluate the struc- necessary for the implementation of the Water Resources Development Act of 1992 tural integrity and need for modification or project. (106 Stat. 4813) is amended by striking ‘‘Ar- removal of each dam located in the State of SEC. 440. UPPER MISSISSIPPI RIVER BASIN SEDI- kansas River, Arkansas.’’ and inserting ‘‘at Vermont and described in subsection (b); and MENT AND NUTRIENT STUDY. Fort Smith, Arkansas, on land provided by (2) provide to the non-Federal interest de- (a) IN GENERAL.—The Secretary, in con- the city of Fort Smith.’’. sign analysis, plans and specifications, and junction with the Secretary of Agriculture (b) LOWER MISSISSIPPI RIVER MUSEUM AND cost estimates for repair, restoration, modi- and the Secretary of the Interior, shall con- RIVERFRONT INTERPRETIVE SITE, MIS- fication, and removal of each dam described duct a study to— (1) identify and evaluate significant SISSIPPI.—Section 103(c)(2) of the Water Re- in subsection (b). sources Development Act of 1992 (106 Stat. (b) DAMS TO BE EVALUATED.—The dams re- sources of sediment and nutrients in the 4811) is amended in the first sentence by ferred to in subsection (a) are the following: upper Mississippi River basin; striking ‘‘in the vicinity of the Mississippi (1) East Barre Dam, Barre Town. (2) quantify the processes affecting mobili- River Bridge in Vicksburg, Mississippi.’’ and (2) Wrightsville Dam, Middlesex-Montpe- zation, transport, and fate of those sedi- inserting ‘‘between the Mississippi River lier. ments and nutrients on land and in water; Bridge and the waterfront in downtown (3) Lake Sadawga Dam, Whitingham. and Vicksburg, Mississippi.’’. (4) Dufresne Pond Dam, Manchester. (3) quantify the transport of those sedi- (5) Knapp Brook Site 1 Dam, Cavendish. ments and nutrients to the upper Mississippi SEC. 502. CALFED BAY-DELTA PROGRAM ASSIST- ANCE, CALIFORNIA. (6) Lake Bomoseen Dam, Castleton. River and the tributaries of the upper Mis- (a) IN GENERAL.—The Secretary— (7) Little Hosmer Dam, Craftsbury. sissippi River. (1) may participate with the appropriate (8) Colby Pond Dam, Plymouth. (b) STUDY COMPONENTS.— Federal and State agencies in the planning (9) Silver Lake Dam, Barnard. (1) COMPUTER MODELING.—In carrying out and management activities associated with (10) Gale Meadows Dam, Londonderry. the study under this section, the Secretary (c) COST SHARING.—The non-Federal share shall develop computer models of the upper the CALFED Bay-Delta Program referred to of the cost of the study under subsection (a) Mississippi River basin, at the subwatershed in the California Bay-Delta Environmental shall be 35 percent. and basin scales, to— Enhancement and Water Security Act (divi- (d) AUTHORIZATION OF APPROPRIATIONS.— (A) identify and quantify sources of sedi- sion E of Public Law 104–208; 110 Stat. 3009– There is authorized to be appropriated to ment and nutrients; and 748); and carry out this section $500,000. (B) examine the effectiveness of alter- (2) shall, to the maximum extent prac- SEC. 438. WHITE RIVER WATERSHED BELOW MUD native management measures. ticable and in accordance with applicable MOUNTAIN DAM, WASHINGTON. (2) RESEARCH.—In carrying out the study law, integrate the activities of the Corps of (a) REVIEW.—The Secretary shall review under this section, the Secretary shall con- Engineers in the San Joaquin and Sac- the report of the Chief of Engineers on the duct research to improve the understanding ramento River basins with the long-term Upper Puyallup River, Washington, dated of— goals of the CALFED Bay-Delta Program. 1936, authorized by section 5 of the Act of (A) fate processes and processes affecting (b) COOPERATIVE ACTIVITIES.—In partici- June 22, 1936 (49 Stat. 1591, chapter 688), the sediment and nutrient transport, with em- pating in the CALFED Bay-Delta Program Puget Sound and adjacent waters report au- phasis on nitrogen and phosphorus cycling under subsection (a), the Secretary may— thorized by section 209 of the Flood Control and dynamics; (1) accept and expend funds from other Act of 1962 (76 Stat. 1197), and other perti- (B) the influences on sediment and nutri- Federal agencies and from non-Federal pub- nent reports, to determine whether modifica- ent losses of soil type, slope, climate, vegeta- lic, private, and nonprofit entities to carry tions to the recommendations contained in tion cover, and modifications to the stream out ecosystem restoration projects and ac- the reports are advisable to provide improve- drainage network; and tivities associated with the CALFED Bay- ments to the water resources and watershed (C) river hydrodynamics, in relation to Delta Program; and of the White River watershed downstream of sediment and nutrient transformations, re- (2) in carrying out the projects and activi- Mud Mountain Dam, Washington. tention, and transport. ties, enter into contracts, cooperative re- (b) ISSUES.—In conducting the review (c) USE OF INFORMATION.—On request of a search and development agreements, and co- under subsection (a), the Secretary shall re- relevant Federal agency, the Secretary may operative agreements with Federal and non- view, with respect to the Lake Tapps com- provide information for use in applying sedi- Federal private, public, and nonprofit enti- munity and other parts of the watershed— ment and nutrient reduction programs asso- ties. (1) constructed and natural environs; ciated with land-use improvements and land (c) AREA COVERED BY PROGRAM.—For the (2) capital improvements; management practices. purposes of this section, the area covered by (3) water resource infrastructure; (d) REPORTS.— the CALFED Bay-Delta Program shall be the (4) ecosystem restoration; (1) PRELIMINARY REPORT.—Not later than 2 San Francisco Bay/Sacramento-San Joaquin (5) flood control; years after the date of enactment of this Delta Estuary and its watershed (known as (6) fish passage; Act, the Secretary shall submit to Congress the ‘‘Bay-Delta Estuary’’), as identified in (7) collaboration by, and the interests of, a preliminary report that outlines work the Framework Agreement Between the Gov- regional stakeholders; being conducted on the study components ernor’s Water Policy Council of the State of (8) recreational and socioeconomic inter- described in subsection (b). California and the Federal Ecosystem Direc- ests; and (2) FINAL REPORT.—Not later than 5 years torate. (9) other issues determined by the Sec- after the date of enactment of this Act, the (d) AUTHORIZATION OF APPROPRIATIONS.— retary. Secretary shall submit to Congress a report There is authorized to be appropriated to S9170 CONGRESSIONAL RECORD — SENATE September 25, 2000 carry out this section $5,000,000 for each of human habitation structure, reserving the result of the prior Federal use or ownership fiscal years 2002 through 2005. right to flood to the elevation of 1,085 feet of the land and improvements conveyed SEC. 503. LAKE SIDNEY LANIER, GEORGIA, HOME above mean sea level, if applicable; under this section. PRESERVATION. (B) in a flowage easement, releases by quit- (e) RESPONSIBILITIES AFTER CONVEYANCE.— (a) DEFINITIONS.—In this section: claim deed the easement prohibition; After the conveyance of land under this sec- (1) EASEMENT PROHIBITION.—The term (C) provides that— tion, the Ontonagon County Historical Soci- ‘‘easement prohibition’’ means the rights ac- (i) the existing structure shall not be ex- ety shall be responsible for any additional quired by the United States in the flowage tended further onto fee land or into the flow- operation, maintenance, repair, rehabilita- easements to prohibit structures for human age easement; and tion, or replacement costs associated with— habitation. (ii) additional structures for human habi- (1) the lighthouse; or (2) ELIGIBLE PROPERTY OWNER.—The term tation shall not be placed on fee land or in a (2) the conveyed land and improvements. ‘‘eligible property owner’’ means a person flowage easement; and (f) APPLICABILITY OF ENVIRONMENTAL that owns a structure for human habitation (D) provides that— LAW.—Nothing in this section affects the po- that was constructed before January 1, 2000, (i)(I) the United States shall not be liable tential liability of any person under any ap- and is located on fee land or in violation of or responsible for damage to property or in- plicable environmental law. the flowage easement. jury to persons caused by operation of the SEC. 505. LAND CONVEYANCE, CANDY LAKE, (3) FEE LAND.—The term ‘‘fee land’’ means Lake; and OKLAHOMA. the land acquired in fee title by the United (II) no claim to compensation shall accrue Section 563(c) of the Water Resources De- States for the Lake. from the exercise of the flowage easement velopment Act of 1999 (113 Stat. 357) is (4) FLOWAGE EASEMENT.—The term ‘‘flow- rights; and amended— age easement’’ means an interest in land (ii) the waiver described in clause (i) of any (1) in paragraph (1)(B), by striking ‘‘a de- that the United States acquired that pro- and all claims against the United States ceased’’ and inserting ‘‘an’’; and vides the right to flood, to the elevation of shall be a covenant running with the land (2) by adding at the end the following: 1,085 feet above mean sea level (among other and shall be fully binding on heirs, succes- ‘‘(4) COSTS OF NEPA COMPLIANCE.—The Fed- rights), land surrounding the Lake. sors, assigns, and purchasers of the property eral Government shall assume the costs of (5) LAKE.—The term ‘‘Lake’’ means the subject to the waiver; and any Federal action under this subsection Lake Sidney Lanier, Georgia, project of the (6) provide that the eligible property owner that is carried out for the purpose of section Corps of Engineers authorized by the first shall— 102 of the National Environmental Policy section of the Act of July 24, 1946 (60 Stat. (A) agree to an offer under paragraph (5) Act of 1969 (42 U.S.C. 4332). 635, chapter 595). not later than 90 days after the offer is made ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— (b) ESTABLISHMENT OF PROGRAM.—Not later by the Corps of Engineers; or There are authorized to be appropriated such than 120 days after the date of enactment of (B) comply with the real property rights of sums as are necessary to carry out this sub- this Act, the Secretary shall establish, and section.’’. provide public notice of, a program— the United States and remove the structure for human habitation and any other unau- SEC. 506. LAND CONVEYANCE, RICHARD B. RUS- (1) to convey to eligible property owners SELL DAM AND LAKE, SOUTH CARO- thorized real or personal property. the right to maintain existing structures for LINA. (d) OPTION TO PURCHASE INSURANCE.—Noth- human habitation on fee land; or Section 563 of the Water Resources Devel- ing in this section precludes a property (2) to release eligible property owners from opment Act of 1999 (113 Stat. 355) is amended owner from purchasing flood insurance to the easement prohibition as it applies to ex- by striking subsection (i) and inserting the which the property owner may be eligible. isting structures for human habitation on following: (e) PRIOR ENCROACHMENT RESOLUTIONS.— ‘‘(i) RICHARD B. RUSSELL DAM AND LAKE, the flowage easements (if the floor elevation Nothing in this section affects any resolu- SOUTH CAROLINA.— of the human habitation area is above the tion, before the date of enactment of this ‘‘(1) IN GENERAL.—The Secretary shall con- elevation of 1,085 feet above mean sea level). Act, of an encroachment at the Lake, wheth- (c) REGULATIONS.—To carry out subsection vey to the State of South Carolina all right, er the resolution was effected through sale, (b), the Secretary shall promulgate regula- title, and interest of the United States in exchange, voluntary removal, or alteration tions that— and to the parcels of land described in para- or removal through litigation. (1) require the Corps of Engineers to sus- graph (2)(A) that are being managed, as of (f) PRIOR REAL PROPERTY RIGHTS.—Nothing pend any activities to require eligible prop- August 17, 1999, by the South Carolina De- in this section— erty owners to remove structures for human partment of Natural Resources for fish and (1) takes away, diminishes, or eliminates habitation that encroach on fee land or flow- wildlife mitigation purposes for the Richard any other real property rights acquired by age easements; B. Russell Dam and Lake, South Carolina, the United States at the Lake; or (2) provide that a person that owns a struc- project authorized by section 203 of the (2) affects the ability of the United States ture for human habitation on land adjacent Flood Control Act of 1966 (80 Stat. 1420). to require the removal of any and all en- to the Lake shall have a period of 1 year ‘‘(2) LAND DESCRIPTION.— croachments that are constructed or placed after the date of enactment of this Act— ‘‘(A) IN GENERAL.—The parcels of land to be on United States real property or flowage (A) to request that the Corps of Engineers conveyed are described in Exhibits A, F, and easements at the Lake after December 31, resurvey the property of the person to deter- H of Army Lease No. DACW21–1–93–0910 and 1999. mine if the person is an eligible property associated supplemental agreements. SEC. 504. CONVEYANCE OF LIGHTHOUSE, URVEY owner under this section; and ONTONAGON, MICHIGAN. ‘‘(B) S .—The exact acreage and legal (B) to pay the costs of the resurvey to the description of the land shall be determined (a) IN GENERAL.—The Secretary may con- Secretary for deposit in the Corps of Engi- vey to the Ontonagon County Historical So- by a survey satisfactory to the Secretary, neers account in accordance with section ciety, at full Federal expense— with the cost of the survey borne by the 2695 of title 10, United States Code; (1) the lighthouse at Ontonagon, Michigan; State. (3) provide that when a determination is and ‘‘(3) COSTS OF CONVEYANCE.—The State made, through a private survey or through a (2) the land underlying and adjacent to the shall be responsible for all costs, including boundary line maintenance survey conducted lighthouse (including any improvements on real estate transaction and environmental by the Federal Government, that a structure the land) that is under the jurisdiction of the compliance costs, associated with the con- for human habitation is located on the fee Secretary. veyance. land or a flowage easement— (b) MAP.—The Secretary shall— ‘‘(4) PERPETUAL STATUS.— (A) the Corps of Engineers shall imme- (1) determine— ‘‘(A) IN GENERAL.—All land conveyed under diately notify the property owner by cer- (A) the extent of the land conveyance this subsection shall be retained in public tified mail; and under this section; and ownership and shall be managed in per- (B) the property owner shall have a period (B) the exact acreage and legal description petuity for fish and wildlife mitigation pur- of 90 days from receipt of the notice in which of the land to be conveyed under this sec- poses in accordance with a plan approved by to establish that the structure was con- tion; and the Secretary. structed prior to January 1, 2000, and that (2) prepare a map that clearly identifies ‘‘(B) REVERSION.—If any parcel of land is the property owner is an eligible property any land to be conveyed. not managed for fish and wildlife mitigation owner under this section; (c) CONDITIONS.—The Secretary may— purposes in accordance with the plan, title (4) provide that any private survey shall be (1) obtain all necessary easements and to the parcel shall revert to the United subject to review and approval by the Corps rights-of-way; and States. of Engineers to ensure that the private sur- (2) impose such terms, conditions, reserva- ‘‘(5) ADDITIONAL TERMS AND CONDITIONS.— vey conforms to the boundary line estab- tions, and restrictions on the conveyance; The Secretary may require such additional lished by the Federal Government; as the Secretary determines to be necessary terms and conditions in connection with the (5) require the Corps of Engineers to offer to protect the public interest. conveyance under this subsection as the Sec- to an eligible property owner a conveyance (d) ENVIRONMENTAL RESPONSE.—To the ex- retary considers appropriate to protect the or release that— tent required under any applicable law, the interests of the United States. (A) on fee land, conveys by quitclaim deed Secretary shall be responsible for any nec- ‘‘(6) FISH AND WILDLIFE MITIGATION AGREE- the minimum land required to maintain the essary environmental response required as a MENT.— September 25, 2000 CONGRESSIONAL RECORD — SENATE S9171

‘‘(A) IN GENERAL.—The Secretary shall pay ment of recreation areas and other land that ‘‘(B) NO EFFECT ON MISSION.—The ease- the State of South Carolina $4,850,000, sub- are transferred, or to be transferred, to the ments and access referred to in subparagraph ject to the Secretary and the State entering respective affected Indian Tribe by the Sec- (A) shall not prevent the Corps from car- into a binding agreement for the State to retary;’’. rying out its mission under the Act entitled manage for fish and wildlife mitigation pur- (d) TRANSFER OF FEDERAL LAND TO STATE ‘An Act authorizing the construction of cer- poses in perpetuity the parcels of land con- OF SOUTH DAKOTA.—Section 605 of the Water tain public works on rivers and harbors for veyed under this subsection. Resources Development Act of 1999 (113 Stat. flood control, and for other purposes’, ap- ‘‘(B) FAILURE OF PERFORMANCE.—The agree- 390) is amended— proved December 22, 1944 (commonly known ment shall specify the terms and conditions (1) in subsection (a)(1)— as the ‘Flood Control Act of 1944’) (58 Stat. under which payment will be made and the (A) in subparagraph (B), by striking ‘‘in 887)).’’; rights of, and remedies available to, the Fed- perpetuity’’ and inserting ‘‘for the life of the (6) in subsection (h), by striking ‘‘of this eral Government to recover all or a portion Mni Wiconi project’’; Act’’ and inserting ‘‘of law’’; and of the payment if the State fails to manage (B) by redesignating subparagraph (B) as (7) by adding at the end the following: ‘‘(j) CLEANUP OF LAND AND RECREATION any parcel in a manner satisfactory to the subparagraph (C); and AREAS.— Secretary.’’. (C) by inserting after subparagraph (A) the ‘‘(1) IN GENERAL.—Not later than 10 years SEC. 507. CHEYENNE RIVER SIOUX TRIBE, LOWER following: after the date of enactment of this sub- BRULE SIOUX TRIBE, AND STATE OF ‘‘(B) DEADLINE FOR TRANSFER OF RECRE- SOUTH DAKOTA TERRESTRIAL WILD- section, the Secretary shall clean up each ATION AREAS.—Under subparagraph (A), the LIFE HABITAT RESTORATION. open dump and hazardous waste site identi- Secretary shall transfer recreation areas not (a) TERRESTRIAL WILDLIFE HABITAT RES- fied by the Secretary and located on the land later than January 1, 2002.’’; TORATION.—Section 602 of the Water Re- and recreation areas described in subsections sources Development Act of 1999 (113 Stat. (2) in subsection (c)— (b) and (c). (A) by redesignating paragraph (1) as para- 385) is amended— ‘‘(2) FUNDING.—Cleanup activities under (1) in subsection (a)(4)(C)(i), by striking graph (1)(A); paragraph (1) shall be funded solely from subclause (I) and inserting the following: (B) by redesignating paragraphs (2) funds made available for operation and ‘‘(I) fund, from funds made available for through (4) as subparagraphs (B) through (D), maintenance under the Pick-Sloan Missouri operation and maintenance under the Pick- respectively, of paragraph (1); River Basin program. Sloan Missouri River Basin program and (C) in paragraph (1)— ‘‘(k) CULTURAL RESOURCES ADVISORY COM- through grants to the State of South Da- (i) in subparagraph (C), (as redesignated by MISSION.— kota, the Cheyenne River Sioux Tribe, and subparagraph (B)), by inserting ‘‘and’’ after ‘‘(1) IN GENERAL.—The State of South Da- the Lower Brule Sioux Tribe— the semicolon; and kota, the Cheyenne River Sioux Tribe, and ‘‘(aa) the terrestrial wildlife habitat res- (ii) in subparagraph (D) (as redesignated by the Lower Brule Sioux Tribe may establish toration programs being carried out as of subparagraph (B)), by striking ‘‘and’’ and in- an advisory commission to be known as the August 17, 1999, on Oahe and Big Bend serting ‘‘or’’; and ‘Cultural Resources Advisory Commission’ project land at a level that does not exceed (D) by redesignating paragraph (5) as para- (referred to in this subsection as the ‘Com- the greatest amount of funding that was pro- graph (2); mission’). vided for the programs during a previous fis- (3) in subsection (d), by striking paragraph ‘‘(2) MEMBERSHIP.—The Commission shall cal year; and (2) and inserting the following: be composed of— ‘‘(bb) the carrying out of plans developed ‘‘(2) STRUCTURES.— ‘‘(A) 1 member representing the State of under this section; and’’; and ‘‘(A) IN GENERAL.—The map shall identify South Dakota; (2) in subsection (b)(4)(B), by striking ‘‘sec- all land and structures to be retained as nec- ‘‘(B) 1 member representing the Cheyenne tion 604(d)(3)(A)(iii)’’ and inserting ‘‘section essary for continuation of the operation, River Sioux Tribe; 604(d)(3)(A)’’. maintenance, repair, replacement, rehabili- ‘‘(C) 1 member representing the Lower (b) SOUTH DAKOTA TERRESTRIAL WILDLIFE tation, and structural integrity of the dams Brule Sioux Tribe; and HABITAT RESTORATION TRUST FUND.—Section and related flood control and hydropower ‘‘(D) upon unanimous vote of the members 603 of the Water Resources Development Act structures. of the Commission described in subpara- of 1999 (113 Stat. 388) is amended— ‘‘(B) LEASE OF RECREATION AREAS.— graphs (A) through (C), a member rep- (1) in subsection (c)(2), by striking ‘‘The’’ ‘‘(i) IN GENERAL.—The Secretary shall lease resenting a federally recognized Indian Tribe and inserting ‘‘In consultation with the to the State of South Dakota in perpetuity located in the State of North Dakota or State of South Dakota, the’’; and all or part of the following recreation areas, South Dakota that is historically or tradi- (2) in subsection (d)— within the boundaries determined under tionally affiliated with the Missouri River (A) in paragraph (2), by inserting ‘‘Depart- clause (ii), that are adjacent to land received Basin in South Dakota. ment of Game, Fish and Parks of the’’ before by the State of South Dakota under this ‘‘(3) DUTY.—The duty of the Commission ‘‘State of’’; and title: shall be to provide advice on the identifica- (B) in paragraph (3)(A)(ii)— ‘‘(I) OAHE DAM AND LAKE.— tion, protection, and preservation of cultural (i) in subclause (I), by striking ‘‘trans- ‘‘(aa) Downstream Recreation Area. resources on the land and recreation areas ferred’’ and inserting ‘‘transferred, or to be ‘‘(bb) West Shore Recreation Area. described in subsections (b) and (c) of this transferred,’’; and ‘‘(cc) East Shore Recreation Area. section and subsections (b) and (c) of section (ii) by striking subclause (II) and inserting ‘‘(dd) Tailrace Recreation Area. 606. the following: ‘‘(II) FORT RANDALL DAM AND LAKE FRANCIS ‘‘(4) RESPONSIBILITIES, POWERS, AND ADMIN- ‘‘(II) fund all costs associated with the CASE.— ISTRATION.—The Governor of the State of lease, ownership, management, operation, ‘‘(aa) Randall Creek Recreation Area. South Dakota, the Chairman of the Chey- administration, maintenance, or develop- ‘‘(bb) South Shore Recreation Area. enne River Sioux Tribe, and the Chairman of ment of recreation areas and other land that ‘‘(cc) Spillway Recreation Area. the Lower Brule Sioux Tribe are encouraged are transferred, or to be transferred, to the ‘‘(III) GAVINS POINT DAM AND LEWIS AND to unanimously enter into a formal written State of South Dakota by the Secretary;’’. CLARK LAKE.—Pierson Ranch Recreation agreement, not later than 1 year after the (c) CHEYENNE RIVER SIOUX TRIBE AND Area. date of enactment of this subsection, to es- LOWER BRULE SIOUX TRIBE TERRESTRIAL ‘‘(ii) LEASE BOUNDARIES.—The Secretary tablish the role, responsibilities, powers, and WILDLIFE HABITAT RESTORATION TRUST shall determine the boundaries of the recre- administration of the Commission. FUNDS.—Section 604 of the Water Resources ation areas in consultation with the State of ‘‘(l) INVENTORY AND STABILIZATION OF CUL- Development Act of 1999 (113 Stat. 389) is South Dakota.’’; TURAL AND HISTORIC SITES.— amended— (4) in subsection (f)(1), by striking ‘‘Fed- ‘‘(1) IN GENERAL.—Not later than 10 years (1) in subsection (c)(2), by striking ‘‘The’’ eral law’’ and inserting ‘‘a Federal law speci- after the date of enactment of this sub- and inserting ‘‘In consultation with the fied in section 607(a)(6) or any other Federal section, the Secretary, through contracts en- Cheyenne River Sioux Tribe and Lower Brule law’’; tered into with the State of South Dakota, Sioux Tribe, the’’; and (5) in subsection (g), by striking paragraph the affected Indian Tribes, and other Indian (2) in subsection (d)— (3) and inserting the following: Tribes in the States of North Dakota and (A) in paragraph (2), by inserting ‘‘as tribal ‘‘(3) EASEMENTS AND ACCESS.— South Dakota, shall inventory and stabilize funds’’ after ‘‘for use’’; and ‘‘(A) IN GENERAL.—Not later than 180 days each cultural site and historic site located (B) in paragraph (3)(A)(ii)— after a request by the State of South Da- on the land and recreation areas described in (i) in subclause (I), by striking ‘‘trans- kota, the Secretary shall provide to the subsections (b) and (c). ferred’’ and inserting ‘‘transferred, or to be State of South Dakota easements and access ‘‘(2) FUNDING.—Inventory and stabilization transferred,’’; and on land and water below the level of the ex- activities under paragraph (1) shall be funded (ii) by striking subclause (II) and inserting clusive flood pool outside Indian reserva- solely from funds made available for oper- the following: tions in the State of South Dakota for rec- ation and maintenance under the Pick-Sloan ‘‘(II) fund all costs associated with the reational and other purposes (including for Missouri River Basin program.’’. lease, ownership, management, operation, boat docks, boat ramps, and related struc- (e) TRANSFER OF CORPS OF ENGINEERS LAND administration, maintenance, or develop- tures). FOR AFFECTED INDIAN TRIBES.—Section 606 of S9172 CONGRESSIONAL RECORD — SENATE September 25, 2000 the Water Resources Development Act of historic site located on the land and recre- ‘‘(III) 9 percent to the Lower Brule Sioux 1999 (113 Stat. 393) is amended— ation areas described in subsections (b) and Tribe. (1) in subsection (a)(1), by striking ‘‘The (c). ‘‘(B) USE OF ALLOCATIONS.—Amounts allo- Secretary’’ and inserting ‘‘Not later than ‘‘(2) FUNDING.—Inventory and stabilization cated under subparagraph (A) may be used at January 1, 2002, the Secretary’’; activities under paragraph (1) shall be funded the option of the recipient for any purpose (2) in subsection (b)(1), by striking ‘‘Big solely from funds made available for oper- described in subparagraph (B), (C), or (D) of Bend and Oahe’’ and inserting ‘‘Oahe, Big ation and maintenance under the Pick-Sloan paragraph (1).’’. Bend, and Fort Randall’’; Missouri River Basin program. (h) CLARIFICATION OF REFERENCES TO IN- (3) in subsection (d), by striking paragraph ‘‘(j) SEDIMENT CONTAMINATION.— DIAN TRIBES.— (2) and inserting the following: ‘‘(1) IN GENERAL.—Not later than 10 years (1) DEFINITIONS.—Section 601 of the Water ‘‘(2) STRUCTURES.— after the date of enactment of this sub- Resources Development Act of 1999 (113 Stat. ‘‘(A) IN GENERAL.—The map shall identify section, the Secretary shall— 385) is amended by striking paragraph (1) and all land and structures to be retained as nec- ‘‘(A) complete a study of sediment con- inserting the following: essary for continuation of the operation, tamination in the Cheyenne River; and ‘‘(1) AFFECTED INDIAN TRIBE.—The term ‘af- maintenance, repair, replacement, rehabili- ‘‘(B) take appropriate remedial action to fected Indian Tribe’ means each of the Chey- tation, and structural integrity of the dams eliminate any public health and environ- enne River Sioux Tribe and the Lower Brule and related flood control and hydropower mental risk posed by the contaminated sedi- Sioux Tribe.’’. structures. ment. (2) TERRESTRIAL WILDLIFE HABITAT RES- ‘‘(B) LEASE OF RECREATION AREAS.— ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— TORATION.—Section 602(b)(4)(B) of the Water ‘‘(i) IN GENERAL.—The Secretary shall lease There are authorized to be appropriated such Resources Development Act of 1999 (113 Stat. to the Lower Brule Sioux Tribe in perpetuity sums as are necessary to carry out paragraph 388) is amended by striking ‘‘the Tribe’’ and all or part of the following recreation areas (1).’’. inserting ‘‘the affected Indian Tribe’’. at Big Bend Dam and Lake Sharpe: (f) BUDGET CONSIDERATIONS.—Section 607 of (3) CHEYENNE RIVER SIOUX TRIBE AND LOWER ‘‘(I) Left Tailrace Recreation Area. the Water Resources Development Act of BRULE SIOUX TRIBE TERRESTRIAL WILDLIFE 1999 (113 Stat. 395) is amended by adding at ‘‘(II) Right Tailrace Recreation Area. HABITAT RESTORATION TRUST FUNDS.—Section ‘‘(III) Good Soldier Creek Recreation Area. the end the following: 604(d)(3)(A) of the Water Resources Develop- ‘‘(d) BUDGET CONSIDERATIONS.— ‘‘(ii) LEASE BOUNDARIES.—The Secretary ment Act of 1999 (113 Stat. 390) is amended by ‘‘(1) IN GENERAL.—In developing an annual shall determine the boundaries of the recre- striking ‘‘the respective Tribe’’ each place it budget to carry out this title, the Corps of ation areas in consultation with the Lower appears and inserting ‘‘the respective af- Engineers shall consult with the State of Brule Sioux Tribe.’’; fected Indian Tribe’’. (4) in subsection (f)— South Dakota and the affected Indian Tribes. (4) TRANSFER OF FEDERAL LAND TO STATE OF (A) in paragraph (1), by striking ‘‘Federal ‘‘(2) INCLUSIONS; AVAILABILITY.—The budget SOUTH DAKOTA.—Section 605 of the Water Re- law’’ and inserting ‘‘a Federal law specified referred to in paragraph (1) shall— sources Development Act of 1999 (113 Stat. in section 607(a)(6) or any other Federal ‘‘(A) be detailed; 390) is amended— law’’; ‘‘(B) include all necessary tasks and associ- (A) in subsection (b)(3), by striking ‘‘an In- (B) in paragraph (2), by striking subpara- ated costs; and dian Tribe’’ and inserting ‘‘any Indian graph (C) and inserting the following: ‘‘(C) be made available to the State of Tribe’’; and ‘‘(C) EASEMENTS AND ACCESS.— South Dakota and the affected Indian Tribes (B) in subsection (c)(1)(B) (as redesignated ‘‘(i) IN GENERAL.—Not later than 180 days at the time at which the Corps of Engineers by subsection (d)(2)(B)), by striking ‘‘an In- after a request by an affected Indian Tribe, submits the budget to Congress.’’. dian Tribe’’ and inserting ‘‘any Indian the Secretary shall provide to the affected (g) AUTHORIZATION OF APPROPRIATIONS.— Tribe’’. Indian Tribe easements and access on land Section 609 of the Water Resources Develop- (5) TRANSFER OF CORPS OF ENGINEERS LAND and water below the level of the exclusive ment Act of 1999 (113 Stat. 396) is amended by FOR AFFECTED INDIAN TRIBES.—Section 606 of flood pool inside the Indian reservation of striking subsection (a) and inserting the fol- the Water Resources Development Act of the affected Indian Tribe for recreational lowing: 1999 (113 Stat. 393) is amended— and other purposes (including for boat docks, ‘‘(a) SECRETARY.— (A) in the section heading, by striking ‘‘ boat ramps, and related structures). ‘‘(1) IN GENERAL.—There are authorized to IN- DIAN TRIBES’’ and inserting ‘‘AFFECTED ‘‘(ii) NO EFFECT ON MISSION.—The ease- be appropriated to the Secretary for each fis- ’’; ments and access referred to in clause (i) cal year such sums as are necessary— INDIAN TRIBES (B) in paragraphs (1) and (4) of subsection shall not prevent the Corps from carrying ‘‘(A) to pay the administrative expenses in- (a), by striking ‘‘the Indian Tribes’’ each out its mission under the Act entitled ‘An curred by the Secretary in carrying out this place it appears and inserting ‘‘the affected Act authorizing the construction of certain title; Indian Tribes’’; public works on rivers and harbors for flood ‘‘(B) to fund the implementation of terres- (C) in subsection (c)(2), by striking ‘‘an In- control, and for other purposes’, approved trial wildlife habitat restoration plans under dian Tribe’’ and inserting ‘‘any Indian December 22, 1944 (commonly known as the section 602(a); Tribe’’; ‘Flood Control Act of 1944’) (58 Stat. 887)).’’; ‘‘(C) to fund activities described in sections (D) in subsection (f)(2)(B)(i)— and 603(d)(3) and 604(d)(3) with respect to land (i) by striking ‘‘the respective tribes’’ and (C) in paragraph (3)(B), by inserting before and recreation areas transferred, or to be inserting ‘‘the respective affected Indian the period at the end the following: ‘‘that transferred, to an affected Indian Tribe or Tribes’’; and were administered by the Corps of Engineers the State of South Dakota under section 605 (ii) by striking ‘‘the respective Tribe’s’’ as of the date of the land transfer.’’; and or 606; and and inserting ‘‘the respective affected Indian (5) by adding at the end the following: ‘‘(D) to fund the annual expenses (not to ‘‘(h) CLEANUP OF LAND AND RECREATION exceed the Federal cost as of August 17, 1999) Tribe’s’’; and AREAS.— of operating recreation areas transferred, or (E) in subsection (g), by striking ‘‘an In- ‘‘(1) IN GENERAL.—Not later than 10 years to be transferred, under sections 605(c) and dian Tribe’’ and inserting ‘‘any Indian after the date of enactment of this sub- 606(c) to, or leased by, the State of South Da- Tribe’’. section, the Secretary shall clean up each kota or an affected Indian Tribe, until such (6) ADMINISTRATION.—Section 607(a) of the open dump and hazardous waste site identi- time as the trust funds under sections 603 Water Resources Development Act of 1999 fied by the Secretary and located on the land and 604 are fully capitalized. (113 Stat. 395) is amended by striking ‘‘an In- and recreation areas described in subsections ‘‘(2) ALLOCATIONS.— dian Tribe’’ each place it appears and insert- (b) and (c). ‘‘(A) IN GENERAL.—For each fiscal year, the ing ‘‘any Indian Tribe’’. ‘‘(2) FUNDING.—Cleanup activities under Secretary shall allocate the amounts made SEC. 508. EXPORT OF WATER FROM GREAT paragraph (1) shall be funded solely from available under subparagraphs (B), (C), and LAKES. funds made available for operation and (D) of paragraph (1) as follows: (a) ADDITIONAL FINDING.—Section 1109(b) of maintenance under the Pick-Sloan Missouri ‘‘(i) $1,000,000 (or, if a lesser amount is so the Water Resources Development Act of River Basin program. made available for the fiscal year, the lesser 1986 (42 U.S.C. 1962d–20(b)) is amended by re- ‘‘(i) INVENTORY AND STABILIZATION OF CUL- amount) shall be allocated equally among designating paragraphs (2) and (3) as para- TURAL AND HISTORIC SITES.— the State of South Dakota, the Cheyenne graphs (3) and (4), and by inserting after ‘‘(1) IN GENERAL.—Not later than 10 years River Sioux Tribe, and the Lower Brule paragraph (1) the following: after the date of enactment of this sub- Sioux Tribe, for use in accordance with para- ‘‘(2) to encourage the Great Lakes States, section, the Secretary, in consultation with graph (1). in consultation with the Provinces of On- the Cultural Resources Advisory Commission ‘‘(ii) Any amounts remaining after the al- tario and Quebec, to develop and implement established under section 605(k) and through location under clause (i) shall be allocated as a mechanism that provides a common con- contracts entered into with the State of follows: servation standard embodying the principles South Dakota, the affected Indian Tribes, ‘‘(I) 65 percent to the State of South Da- of water conservation and resource improve- and other Indian Tribes in the States of kota. ment for making decisions concerning the North Dakota and South Dakota, shall in- ‘‘(II) 26 percent to the Cheyenne River withdrawal and use of water from the Great ventory and stabilize each cultural site and Sioux Tribe. Lakes Basin;’’. September 25, 2000 CONGRESSIONAL RECORD — SENATE S9173

(b) APPROVAL OF GOVERNORS FOR EXPORT mented to ensure the protection of water $19,267,500 and an estimated non-Federal cost OF WATER.—Section 1109(d) of the Water Re- quality in, the reduction of the loss of fresh of $19,267,500. sources Development Act of 1986 (42 U.S.C. water from, and the improvement of the en- (iv) Water Conservation Areas 3A/3B Levee 1962d–20(d)) is amended by— vironment of the South Florida ecosystem Seepage Management, at a total cost of (1) inserting ‘‘or exported’’ after ‘‘di- and to achieve and maintain the benefits to $100,335,000, with an estimated Federal cost verted’’; and the natural system and human environment of $50,167,500 and an estimated non-Federal (2) inserting ‘‘or export’’ after ‘‘diversion’’. described in the Plan, and required pursuant cost of $50,167,500. (c) SENSE OF THE CONGRESS.—It is the to this section, for as long as the project is (v) C–11 Impoundment and Stormwater Sense of the Congress that the Secretary of authorized. Treatment Area, at a total cost of State should work with the Canadian Gov- (B) INTEGRATION.—In carrying out the $124,837,000, with an estimated Federal cost ernment to encourage and support the Prov- Plan, the Secretary shall integrate the ac- of $62,418,500 and an estimated non-Federal inces in the development and implementa- tivities described in subparagraph (A) with cost of $62,418,500. tion of a mechanism and standard con- ongoing Federal and State projects and ac- (vi) C–9 Impoundment and Stormwater cerning the withdrawal and use of water tivities in accordance with section 528(c) of Treatment Area, at a total cost of $89,146,000, from the Great Lakes Basin consistent with the Water Resources Development Act of with an estimated Federal cost of $44,573,000 those mechanisms and standards developed 1996 (110 Stat. 3769). Unless specifically pro- and an estimated non-Federal cost of by the Great Lakes States. vided herein, nothing in this section shall be $44,573,000. TITLE VI—COMPREHENSIVE EVERGLADES construed to modify any existing cost share (vii) Taylor Creek/Nubbin Slough Storage and Treatment Area, at a total cost of RESTORATION PLAN or responsibility for projects as listed in sub- $104,027,000, with an estimated Federal cost section (c) or (e) of section 528 of the Water SEC. 601. COMPREHENSIVE EVERGLADES RES- of $52,013,500 and an estimated non-Federal TORATION PLAN. Resources Development Act of 1996 (110 Stat. cost of $52,013,500. 3769). (a) DEFINITIONS.—In this section: (viii) Raise and Bridge East Portion of (2) SPECIFIC AUTHORIZATIONS.— (1) CENTRAL AND SOUTHERN FLORIDA Tamiami Trail and Fill Miami Canal within (A) IN GENERAL.— PROJECT.— Water Conservation Area 3, at a total cost of (i) PROJECTS.—The Secretary shall carry (A) IN GENERAL.—The term ‘‘Central and $26,946,000, with an estimated Federal cost of Southern Florida Project’’ means the project out the projects included in the Plan in ac- $13,473,000 and an estimated non-Federal cost for Central and Southern Florida authorized cordance with subparagraphs (B), (C), (D) and of $13,473,000. under the heading ‘‘CENTRAL AND SOUTHERN (E). (ix) North New River Improvements, at a FLORIDA’’ in section 203 of the Flood Control (ii) CONSIDERATIONS.—In carrying out ac- total cost of $77,087,000, with an estimated Act of 1948 (62 Stat. 1176). tivities described in the Plan, the Secretary Federal cost of $38,543,500 and an estimated (B) INCLUSION.—The term ‘‘Central and shall— non-Federal cost of $38,543,500. Southern Florida Project’’ includes any (I) take into account the protection of (x) C–111 Spreader Canal, at a total cost of modification to the project authorized by water quality by considering applicable $94,035,000, with an estimated Federal cost of this section or any other provision of law. State water quality standards; and $47,017,500 and an estimated non-Federal cost (2) GOVERNOR.—The term ‘‘Governor’’ (II) include such features as the Secretary of $47,017,500. means the Governor of the State of Florida. determines are necessary to ensure that all (xi) Adaptive Assessment and Monitoring (3) NATURAL SYSTEM.— ground water and surface water discharges Program, at a total cost of $100,000,000, with (A) IN GENERAL.—The term ‘‘natural sys- from any project feature authorized by this an estimated Federal cost of $50,000,000 and tem’’ means all land and water managed by subsection will meet all applicable water an estimated non-Federal cost of $50,000,000. the Federal Government or the State within quality standards and applicable water qual- (D) CONDITIONS.— the South Florida ecosystem. ity permitting requirements. (i) PROJECT IMPLEMENTATION REPORTS.—Be- (B) INCLUSIONS.—The term ‘‘natural sys- (iii) REVIEW AND COMMENT.—In developing fore implementation of a project described in tem’’ includes— the projects authorized under subparagraph any of clauses (i) through (x) of subpara- (i) water conservation areas; (B), the Secretary shall provide for public re- graph (C), the Secretary shall review and ap- (ii) sovereign submerged land; view and comment in accordance with appli- prove for the project a project implementa- (iii) Everglades National Park; cable Federal law. tion report prepared in accordance with sub- (iv) Biscayne National Park; (B) PILOT PROJECTS.—The following pilot sections (f) and (h). (v) Big Cypress National Preserve; projects are authorized for implementation, (ii) SUBMISSION OF REPORT.—The Secretary (vi) other Federal or State (including a po- after review and approval by the Secretary, shall submit to the Committee on Transpor- litical subdivision of a State) land that is at a total cost of $69,000,000, with an esti- tation and Infrastructure of the House of designated and managed for conservation mated Federal cost of $34,500,000 and an esti- Representatives and the Committee on Envi- purposes; and mated non-Federal cost of $34,500,000: ronment and Public Works of the Senate the (vii) any tribal land that is designated and (i) Caloosahatchee River (C–43) Basin ASR, project implementation report required by managed for conservation purposes, as ap- at a total cost of $6,000,000, with an esti- subsections (f) and (h) for each project under proved by the tribe. mated Federal cost of $3,000,000 and an esti- this paragraph (including all relevant data (4) PLAN.—The term ‘‘Plan’’ means the mated non-Federal cost of $3,000,000. and information on all costs). Comprehensive Everglades Restoration Plan (ii) Lake Belt In-Ground Reservoir Tech- (iii) FUNDING CONTINGENT ON APPROVAL.— contained in the ‘‘Final Integrated Feasi- nology, at a total cost of $23,000,000, with an No appropriation shall be made to construct bility Report and Programmatic Environ- estimated Federal cost of $11,500,000 and an any project under this paragraph if the mental Impact Statement’’, dated April 1, estimated non-Federal cost of $11,500,000. project implementation report for the 1999, as modified by this section. (iii) L–31N Seepage Management, at a total project has not been approved by resolutions (5) SOUTH FLORIDA ECOSYSTEM.— cost of $10,000,000, with an estimated Federal adopted by the Committee on Transpor- (A) IN GENERAL.—The term ‘‘South Florida cost of $5,000,000 and an estimated non-Fed- tation and Infrastructure of the House of ecosystem’’ means the area consisting of the eral cost of $5,000,000. Representatives and the Committee on Envi- land and water within the boundary of the (iv) Wastewater Reuse Technology, at a ronment and Public Works of the Senate. South Florida Water Management District in total cost of $30,000,000, with an estimated (iv) MODIFIED WATER DELIVERY.—No appro- effect on July 1, 1999. Federal cost of $15,000,000 and an estimated priation shall be made to construct the (B) INCLUSIONS.—The term ‘‘South Florida non-Federal cost of $15,000,000. Water Conservation Area 3 ecosystem’’ includes— (C) INITIAL PROJECTS.—The following Decompartmentalization and Sheetflow En- (i) the Everglades; projects are authorized for implementation, hancement Project (including component (ii) the Florida Keys; and after review and approval by the Secretary, AA, Additional S–345 Structures; component (iii) the contiguous near-shore coastal subject to the conditions stated in subpara- QQ Phase 1, Raise and Bridge East Portion of water of South Florida. graph (D), at a total cost of $1,100,918,000, Tamiami Trail and Fill Miami Canal within (6) STATE.—The term ‘‘State’’ means the with an estimated Federal cost of $550,459,000 WCA 3; component QQ Phase 2, WCA 3 State of Florida. and an estimated non-Federal cost of Decompartmentalization and Sheetflow En- (b) COMPREHENSIVE EVERGLADES RESTORA- $550,459,000: hancement; and component SS, North New TION PLAN.— (i) C–44 Basin Storage Reservoir, at a total River Improvements) or the Central (1) APPROVAL.— cost of $112,562,000, with an estimated Fed- Lakebelt Storage Project (including compo- (A) IN GENERAL.—Except as modified by eral cost of $56,281,000 and an estimated non- nents S and EEE, Central Lake Belt Storage this section, the Plan is approved as a frame- Federal cost of $56,281,000. Area) until the completion of the project to work for modifications and operational (ii) Everglades Agricultural Area Storage improve water deliveries to Everglades Na- changes to the Central and Southern Florida Reservoirs—Phase I, at a total cost of tional Park authorized by section 104 of the Project that are needed to restore, preserve, $233,408,000, with an estimated Federal cost Everglades National Park Protection and and protect the South Florida ecosystem of $116,704,000 and an estimated non-Federal Expansion Act of 1989 (16 U.S.C. 410r–8). while providing for other water-related needs cost of $116,704,000. (E) MAXIMUM COST OF PROJECTS.—Section of the region, including water supply and (iii) Site 1 Impoundment, at a total cost of 902 of the Water Resources Development Act flood protection. The Plan shall be imple- $38,535,000, with an estimated Federal cost of of 1986 (33 U.S.C. 2280) shall apply to each S9174 CONGRESSIONAL RECORD — SENATE September 25, 2000

project feature authorized under this sub- (5) CREDIT.— (ii) no further economic justification for section. (A) IN GENERAL.—Notwithstanding section the activity is required, if the Secretary de- (c) ADDITIONAL PROGRAM AUTHORITY.— 528(e)(4) of the Water Resources Development termines that the activity is cost-effective. (1) IN GENERAL.—To expedite implementa- Act of 1996 (110 Stat. 3770), and regardless of (B) APPLICABILITY.—Subparagraph (A) tion of the Plan, the Secretary may imple- the date of acquisition, the value of lands or shall not apply to any separable element in- ment modifications to the Central and interests in lands and incidental costs for tended to produce benefits that are predomi- Southern Florida Project that— land acquired by a non-Federal sponsor in nantly unrelated to the restoration, preser- (A) are described in the Plan; and accordance with a project implementation vation, and protection of the natural system. (B) will produce a substantial benefit to report for any project included in the Plan (g) EXCLUSIONS AND LIMITATIONS.—The fol- the restoration, preservation and protection and authorized by Congress shall be— lowing Plan components are not approved for of the South Florida ecosystem. (i) included in the total cost of the project; implementation: (2) PROJECT IMPLEMENTATION REPORTS.—Be- and (1) WATER INCLUDED IN THE PLAN.— fore implementation of any project feature (ii) credited toward the non-Federal share (A) IN GENERAL.—Any project that is de- authorized under this subsection, the Sec- of the cost of the project. signed to implement the capture and use of retary shall review and approve for the (B) WORK.—The Secretary may provide the approximately 245,000 acre-feet of water project feature a project implementation re- credit, including in-kind credit, toward the described in section 7.7.2 of the Plan shall port prepared in accordance with subsections non-Federal share for the reasonable cost of not be implemented until such time as— (f) and (h). any work performed in connection with a (i) the project-specific feasibility study de- (3) FUNDING.— study, preconstruction engineering and de- scribed in subparagraph (B) on the need for (A) INDIVIDUAL PROJECT FUNDING.— sign, or construction that is necessary for and physical delivery of the approximately (i) FEDERAL COST.—The total Federal cost 245,000 acre-feet of water, conducted by the of each project carried out under this sub- the implementation of the Plan, if— Secretary, in cooperation with the non-Fed- section shall not exceed $12,500,000. (i)(I) the credit is provided for work com- eral sponsor, is completed; (ii) OVERALL COST.—The total cost of each pleted during the period of design, as defined (ii) the project is favorably recommended project carried out under this subsection in a design agreement between the Secretary in a final report of the Chief of Engineers; shall not exceed $25,000,000. and the non-Federal sponsor; or and (B) AGGREGATE COST.—The total cost of all (II) the credit is provided for work com- (iii) the project is authorized by Act of projects carried out under this subsection pleted during the period of construction, as shall not exceed $206,000,000, with an esti- defined in a project cooperation agreement Congress. mated Federal cost of $103,000,000 and an es- for an authorized project between the Sec- (B) PROJECT-SPECIFIC FEASIBILITY STUDY.— timated non-Federal cost of $103,000,000. retary and the non-Federal sponsor; The project-specific feasibility study re- (d) AUTHORIZATION OF FUTURE PROJECTS.— (ii) the design agreement or the project co- ferred to in subparagraph (A) shall include— (1) IN GENERAL.—Except for a project au- operation agreement prescribes the terms (i) a comprehensive analysis of the struc- thorized by subsection (b) or (c), any project and conditions of the credit; and tural facilities proposed to deliver the ap- included in the Plan shall require a specific (iii) the Secretary determines that the proximately 245,000 acre-feet of water to the authorization by Congress. work performed by the non-Federal sponsor natural system; (2) SUBMISSION OF REPORT.—Before seeking is integral to the project. (ii) an assessment of the requirements to congressional authorization for a project (C) TREATMENT OF CREDIT BETWEEN divert and treat the water; under paragraph (1), the Secretary shall sub- PROJECTS.—Any credit provided under this (iii) an assessment of delivery alternatives; mit to Congress— paragraph may be carried over between au- (iv) an assessment of the feasibility of de- (A) a description of the project; and thorized projects in accordance with sub- livering the water downstream while main- (B) a project implementation report for the paragraph (D). taining current levels of flood protection to affected property; and project prepared in accordance with sub- (D) PERIODIC MONITORING.— (v) any other assessments that are deter- sections (f) and (h). (i) IN GENERAL.—To ensure that the con- (e) COST SHARING.— tributions of the non-Federal sponsor equal mined by the Secretary to be necessary to (1) FEDERAL SHARE.—The Federal share of 50 percent proportionate share for projects in complete the study. the cost of carrying out a project authorized the Plan, during each 5-year period, begin- (2) WASTEWATER REUSE.— (A) IN GENERAL.—On completion and eval- by subsection (b), (c), or (d) shall be 50 per- ning with commencement of design of the uation of the wastewater reuse pilot project cent. Plan, the Secretary shall, for each project— described in subsection (b)(2)(B)(iv), the Sec- (2) NON-FEDERAL RESPONSIBILITIES.—The (I) monitor the non-Federal provision of retary, in an appropriately timed 5-year re- non-Federal sponsor with respect to a cash, in-kind services, and land; and port, shall describe the results of the evalua- project described in subsection (b), (c), or (d), (II) manage, to the maximum extent prac- tion of advanced wastewater reuse in meet- shall be— ticable, the requirement of the non-Federal ing, in a cost-effective manner, the require- (A) responsible for all land, easements, sponsor to provide cash, in-kind services, and ments of restoration of the natural system. rights-of-way, and relocations necessary to land. implement the Plan; and (B) SUBMISSION.—The Secretary shall sub- (ii) OTHER MONITORING.—The Secretary mit to Congress the report described in sub- (B) afforded credit toward the non-Federal shall conduct monitoring under clause (i) share of the cost of carrying out the project paragraph (A) before congressional author- separately for— in accordance with paragraph (5)(A). ization for advanced wastewater reuse is (I) the preconstruction engineering and de- (3) FEDERAL ASSISTANCE.— sought. sign phase; and (A) IN GENERAL.—The non-Federal sponsor (3) PROJECTS APPROVED WITH LIMITATIONS.— (II) the construction phase. with respect to a project authorized by sub- The following projects in the Plan are ap- (E) AUDITS.—Credit for land (including section (b), (c), or (d) may use Federal funds proved for implementation with limitations: land value and incidental costs) or work pro- for the purchase of any land, easement, (A) LOXAHATCHEE NATIONAL WILDLIFE REF- vided under this subsection shall be subject rights-of-way, or relocation that is necessary UGE.—The Federal share for land acquisition to audit by the Secretary. to carry out the project if any funds so used in the project to enhance existing wetland are credited toward the Federal share of the (f) EVALUATION OF PROJECTS.— systems along the Loxahatchee National cost of the project. (1) IN GENERAL.—Before implementation of Wildlife Refuge, including the Stazzulla (B) AGRICULTURE FUNDS.—Funds provided a project authorized by subsection (c) or (d) tract, should be funded through the budget to the non-Federal sponsor under the Con- or any of clauses (i) through (x) of subsection of the Department of the Interior. servation Restoration and Enhancement (b)(2)(C), the Secretary, in cooperation with (B) SOUTHERN CORKSCREW REGIONAL ECO- Program (CREP) and the Wetlands Reserve the non-Federal sponsor, shall, after notice SYSTEM.—The Southern Corkscrew regional Program (WRP) for projects in the Plan shall and opportunity for public comment and in ecosystem watershed addition should be ac- be credited toward the non-Federal share of accordance with subsection (h), complete a complished outside the scope of the Plan. the cost of the Plan if the Secretary of Agri- project implementation report for the (h) ASSURANCE OF PROJECT BENEFITS.— culture certifies that the funds provided may project. (1) IN GENERAL.—The overarching objective be used for that purpose. Funds to be cred- (2) PROJECT JUSTIFICATION.— of the Plan is the restoration, preservation, ited do not include funds provided under sec- (A) IN GENERAL.—Notwithstanding section and protection of the South Florida Eco- tion 390 of the Federal Agriculture Improve- 209 of the Flood Control Act of 1970 (42 U.S.C. system while providing for other water-re- ment and Reform Act of 1996 (110 Stat. 1022). 1962–2) or any other provision of law, in car- lated needs of the region, including water (4) OPERATION AND MAINTENANCE.—Notwith- rying out any activity authorized under this supply and flood protection. The Plan shall standing section 528(e)(3) of the Water Re- section or any other provision of law to re- be implemented to ensure the protection of sources Development Act of 1996 (110 Stat. store, preserve, or protect the South Florida water quality in, the reduction of the loss of 3770), the non-Federal sponsor shall be re- ecosystem, the Secretary may determine fresh water from, the improvement of the en- sponsible for 50 percent of the cost of oper- that— vironment of the South Florida Ecosystem ation, maintenance, repair, replacement, and (i) the activity is justified by the environ- and to achieve and maintain the benefits to rehabilitation activities authorized under mental benefits derived by the South Florida the natural system and human environment this section. ecosystem; and described in the Plan, and required pursuant September 25, 2000 CONGRESSIONAL RECORD — SENATE S9175

to this section, for as long as the project is any concurrency or nonconcurrency state- (i) IN GENERAL.—The Secretary and the authorized. ments shall be made a part of the adminis- non-Federal sponsor shall execute project co- (2) AGREEMENT.— trative record and referenced in the final operation agreements in accordance with (A) IN GENERAL.—In order to ensure that programmatic regulations. Any noncon- section 10 of the Plan. water generated by the Plan will be made currency statement shall specifically detail (ii) CONDITION.—The Secretary shall not available for the restoration of the natural the reason or reasons for the nonconcur- execute a project cooperation agreement system, no appropriations, except for any rence. until any reservation or allocation of water pilot project described in subsection (C) CONTENT OF REGULATIONS.—Pro- for the natural system identified in the (b)(2)(B), shall be made for the construction grammatic regulations promulgated under project implementation report is executed of a project contained in the Plan until the this paragraph shall establish a process— under State law. President and the Governor enter into a (i) for the development of project imple- (C) OPERATING MANUALS.— binding agreement under which the State mentation reports, project cooperation (i) IN GENERAL.—The Secretary and the shall ensure, by regulation or other appro- agreements, and operating manuals that en- non-Federal sponsor shall develop and issue, priate means, that water made available by sure that the goals and objectives of the for each project or group of projects, an oper- each project in the Plan shall not be per- Plan are achieved; ating manual that is consistent with the mitted for a consumptive use or otherwise (ii) to ensure that new information result- water reservation or allocation for the nat- made unavailable by the State until such ing from changed or unforeseen cir- ural system described in the project imple- time as sufficient reservations of water for cumstances, new scientific or technical in- mentation report and the project coopera- the restoration of the natural system are formation or information that is developed tion agreement for the project or group of made under State law in accordance with the through the principles of adaptive manage- projects. project implementation report for that ment contained in the Plan, or future au- (ii) MODIFICATIONS.—Any significant modi- project and consistent with the Plan. thorized changes to the Plan are integrated fication by the Secretary and the non-Fed- (B) ENFORCEMENT.— into the implementation of the Plan; and eral sponsor to an operating manual after (i) IN GENERAL.—Any person or entity that (iii) to ensure the protection of the natural the operating manual is issued shall only be is aggrieved by a failure of the United States system consistent with the goals and pur- carried out subject to notice and opportunity or any other Federal Government instrumen- poses of the Plan, including the establish- for public comment. tality or agency, or the Governor or any ment of interim goals to provide a means by (5) SAVINGS CLAUSE.— other officer of a State instrumentality or which the restoration success of the Plan (A) NO ELIMINATION OR TRANSFER.—Until a agency, to comply with any provision of the may be evaluated throughout the implemen- new source of water supply of comparable agreement entered into under subparagraph tation process. quantity and quality as that available on the (A) may bring a civil action in United States (D) SCHEDULE AND TRANSITION RULE.— date of enactment of this Act is available to district court for an injunction directing the (i) IN GENERAL.—All project implementa- replace the water to be lost as a result of im- United States or any other Federal Govern- tion reports approved before the date of pro- plementation of the Plan, the Secretary and ment instrumentality or agency or the Gov- mulgation of the programmatic regulations the non-Federal sponsor shall not eliminate ernor or any other officer of a State instru- shall be consistent with the Plan. or transfer existing legal sources of water, mentality or agency, as the case may be, to (ii) PREAMBLE.—The preamble of the pro- including those for— comply with the agreement. grammatic regulations shall include a state- (i) an agricultural or urban water supply; (ii) LIMITATIONS ON COMMENCEMENT OF CIVIL ment concerning the consistency with the (ii) allocation or entitlement to the Semi- ACTION.—No civil action may be commenced programmatic regulations of any project im- nole Indian Tribe of Florida under section 7 under clause (i)— plementation reports that were approved be- of the Seminole Indian Land Claims Settle- (I) before the date that is 60 days after the fore the date of promulgation of the regula- ment Act of 1987 (25 U.S.C. 1772e); Secretary receives written notice of a failure tions. (iii) the Miccosukee Tribe of Indians of to comply with the agreement; or (E) REVIEW OF PROGRAMMATIC REGULA- Florida; (II) if the United States has commenced TIONS.—Whenever necessary to attain Plan (iv) water supply for Everglades National and is diligently prosecuting an action in a goals and purposes, but not less often than Park; or court of the United States or a State to re- every 5 years, the Secretary, in accordance (v) water supply for fish and wildlife. dress a failure to comply with the agree- with subparagraph (A), shall review the pro- (B) MAINTENANCE OF FLOOD PROTECTION.— ment. grammatic regulations promulgated under Implementation of the Plan shall not reduce (C) TRUST RESPONSIBILITIES.—In carrying this paragraph. levels of service for flood protection that out his responsibilities under this subsection (4) PROJECT-SPECIFIC ASSURANCES.— are— with respect to the restoration of the South (A) PROJECT IMPLEMENTATION REPORTS.— (i) in existence on the date of enactment of Florida ecosystem, the Secretary of the Inte- (i) IN GENERAL.—The Secretary and the this Act; and rior shall fulfill his obligations to the Indian non-Federal sponsor shall develop project (ii) in accordance with applicable law. tribes in South Florida under the Indian implementation reports in accordance with (C) NO EFFECT ON TRIBAL COMPACT.—Noth- Trust Doctrine as well as other applicable section 10.3.1 of the Plan. ing in this section amends, alters, prevents, legal obligations. (ii) COORDINATION.—In developing a project or otherwise abrogates rights of the Semi- (3) PROGRAMMATIC REGULATIONS.— implementation report, the Secretary and nole Indian Tribe of Florida under the com- (A) ISSUANCE.—Not later than 2 years after the non-Federal sponsor shall coordinate pact among the Seminole Tribe of Florida, the date of enactment of this Act, the Sec- with appropriate Federal, State, tribal, and the State, and the South Florida Water Man- retary shall, after notice and opportunity for local governments. agement District, defining the scope and use public comment— (iii) REQUIREMENTS.—A project implemen- of water rights of the Seminole Tribe of (i) with the concurrence of— tation report shall— Florida, as codified by section 7 of the Semi- (I) the Governor; and (I) be consistent with the Plan and the pro- nole Indian Land Claims Settlement Act of (II) the Secretary of the Interior; and grammatic regulations promulgated under 1987 (25 U.S.C. 1772e). (ii) in consultation with— paragraph (3); (i) DISPUTE RESOLUTION.— (I) the Seminole Tribe of Florida; (II) describe how each of the requirements (1) IN GENERAL.—The Secretary and the (II) the Miccosukee Tribe of Indians of stated in paragraph (3)(B) is satisfied; Governor shall within 180 days from the date Florida; (III) comply with the National Environ- of enactment of this Act develop an agree- (III) the Administrator of the Environ- mental Policy Act of 1969 (42 U.S.C. 4321 et ment for resolving disputes between the mental Protection Agency; seq.); Corps of Engineers and the State associated (IV) the Secretary of Commerce; and (IV) identify the appropriate quantity, with the implementation of the Plan. Such (V) other Federal, State, and local agen- timing, and distribution of water dedicated agreement shall establish a mechanism for cies; and managed for the natural system; the timely and efficient resolution of dis- promulgate programmatic regulations to en- (V) identify the amount of water to be re- putes, including— sure that the goals and purposes of the Plan served or allocated for the natural system (A) a preference for the resolution of dis- are achieved. necessary to implement, under State law, putes between the Jacksonville District of (B) CONCURRENCY STATEMENT.—The Sec- subclauses (IV) and (VI); the Corps of Engineers and the South Florida retary of the Interior and the Governor (VI) comply with applicable water quality Water Management District; shall, not later than 180 days from the end of standards and applicable water quality per- (B) a mechanism for the Jacksonville Dis- the public comment period on proposed pro- mitting requirements under subsection trict of the Corps of Engineers or the South grammatic regulations, provide the Sec- (b)(2)(A)(ii); Florida Water Management District to ini- retary with a written statement of concur- (VII) be based on the best available tiate the dispute resolution process for unre- rence or nonconcurrence. A failure to pro- science; and solved issues; vide a written statement of concurrence or (VIII) include an analysis concerning the (C) the establishment of appropriate time- nonconcurrence within such time frame will cost-effectiveness and engineering feasibility frames and intermediate steps for the ele- be deemed as meeting the concurrency re- of the project. vation of disputes to the Governor and the quirements of subparagraph (A)(i). A copy of (B) PROJECT COOPERATION AGREEMENTS.— Secretary; and S9176 CONGRESSIONAL RECORD — SENATE September 25, 2000 (D) a mechanism for the final resolution of (2) progress toward interim goals estab- (1) the Missouri River is— disputes, within 180 days from the date that lished in accordance with subsection (A) an invaluable economic, environ- the dispute resolution process is initiated (h)(3)(B); and mental, recreational, and cultural resource under subparagraph (B). (3) a review of the activities performed by to the people of the United States; and (2) CONDITION FOR REPORT APPROVAL.—The the Secretary under subsection (k) as they (B) a critical source of water for drinking Secretary shall not approve a project imple- relate to socially and economically dis- and irrigation; mentation report under this section until advantaged individuals and individuals with (2) millions of people fish, hunt, and camp the agreement established under this sub- limited English proficiency. along the Missouri River each year; section has been executed. (m) SEVERABILITY.—If any provision or (3) thousands of sites of spiritual impor- (3) NO EFFECT ON LAW.—Nothing in the remedy provided by this section is found to tance to Native Americans line the shores of agreement established under this subsection be unconstitutional or unenforceable by any the Missouri River; shall alter or amend any existing Federal or court of competent jurisdiction, any remain- (4) the Missouri River provides critical State law, or the responsibility of any party ing provisions in this section shall remain wildlife habitat for threatened and endan- to the agreement to comply with any Fed- valid and enforceable. gered species; eral or State law. SEC. 602. SENSE OF THE SENATE CONCERNING (5) in 1944, Congress approved the Pick- (j) INDEPENDENT SCIENTIFIC REVIEW.— HOMESTEAD AIR FORCE BASE. Sloan program— (1) IN GENERAL.—The Secretary, the Sec- (a) IN GENERAL.—(1) The Everglades is an (A) to promote the general economic devel- retary of the Interior, and the Governor, in American treasure and includes uniquely-im- opment of the United States; consultation with the South Florida Eco- portant and diverse wildlife resources and (B) to provide for irrigation above Sioux system Restoration Task Force, shall estab- recreational opportunities; City, Iowa; lish an independent scientific review panel (2) the preservation of the pristine and nat- (C) to protect urban and rural areas from convened by a body, such as the National ural character of the South Florida eco- devastating floods of the Missouri River; and Academy of Sciences, to review the Plan’s system is critical to the regional economy; (D) for other purposes; (3) as this legislation demonstrates, the progress toward achieving the natural sys- (6) the Garrison Dam was constructed on Senate believes it to be a vital national mis- tem restoration goals of the Plan. the Missouri River in North Dakota and the sion to restore and preserve this ecosystem (2) REPORT.—The panel described in para- Oahe Dam was constructed in South Dakota and accordingly is authorizing a significant graph (1) shall produce a biennial report to under the Pick-Sloan program; Federal investment to do so; (7) the dams referred to in paragraph (6)— Congress, the Secretary, the Secretary of the (4) the Senate seeks to have the remaining Interior, and the Governor that includes an (A) generate low-cost electricity for mil- property at the former Homestead Air Base lions of people in the United States; assessment of ecological indicators and conveyed and reused as expeditiously as pos- other measures of progress in restoring the (B) provide revenue to the Treasury; and sible, and several options for base reuse are (C) provide flood control that has pre- ecology of the natural system, based on the being considered, including as a commercial Plan. vented billions of dollars of damage; airport; and (8) the Garrison and Oahe Dams have re- (k) OUTREACH AND ASSISTANCE.— (5) the Senate is aware that the Homestead duced the ability of the Missouri River to (1) SMALL BUSINESS CONCERNS OWNED AND site is located in a sensitive environmental carry sediment downstream, resulting in the OPERATED BY SOCIALLY AND ECONOMICALLY location, and that Biscayne National Park is accumulation of sediment in the reservoirs DISADVANTAGED INDIVIDUALS.—In executing only approximately 1.5 miles to the east, Ev- known as Lake Sakakawea and Lake Oahe; the Plan, the Secretary shall ensure that erglades National Park approximately 8 (9) the sediment depositions— small business concerns owned and con- miles to the west, and the Florida Keys Na- (A) cause shoreline flooding; trolled by socially and economically dis- tional Marine Sanctuary approximately 10 (B) destroy wildlife habitat; advantaged individuals are provided opportu- miles to the south. (C) limit recreational opportunities; nities to participate under section 15(g) of (b) SENSE OF THE SENATE.—It is the sense the Small Business Act (15 U.S.C. 644(g)). of the Senate that— (D) threaten the long-term ability of dams to provide hydropower and flood control (2) COMMUNITY OUTREACH AND EDUCATION.— (1) development at the Homestead site under the Pick-Sloan program; (A) IN GENERAL.—The Secretary shall en- could potentially cause significant air, (E) reduce water quality; and sure that impacts on socially and economi- water, and noise pollution and result in the (F) threaten intakes for drinking water cally disadvantaged individuals, including degradation of adjacent national parks and and irrigation; and individuals with limited English proficiency, other protected Federal resources; (10) to meet the objectives established by and communities are considered during im- (2) in their decisionmaking, the Federal Congress for the Pick-Sloan program, it is plementation of the Plan, and that such indi- agencies charged with determining the reuse necessary to establish a Missouri River Res- viduals have opportunities to review and of the remaining property at the Homestead toration Program— comment on its implementation. base should carefully consider and weigh all (A) to improve conservation; (B) PROVISION OF OPPORTUNITIES.—The Sec- available information concerning potential retary shall ensure, to the maximum extent (B) to reduce the deposition of sediment; environmental impacts of various reuse op- and practicable, that public outreach and edu- tions; (C) to take other steps necessary for proper cational opportunities are provided, during (3) the redevelopment of the former base management of the Missouri River. implementation of the Plan, to the individ- should be consistent with restoration goals, (b) PURPOSES.—The purposes of this title uals of South Florida, including individuals provide desirable numbers of jobs and eco- are— with limited English proficiency, and in par- nomic redevelopment for the community, (1) to reduce the siltation of the Missouri ticular for socially and economically dis- and be consistent with other applicable laws; River in the State of North Dakota; advantaged communities. (4) consistent with applicable laws, the (2) to meet the objectives of the Pick- (l) REPORT TO CONGRESS.—Beginning on Oc- Secretary of the Air Force should proceed as Sloan program by developing and imple- tober 1, 2005, and periodically thereafter quickly as practicable to issue a final SEIS menting a long-term strategy— until October 1, 2036, the Secretary and the and Record of Decision so that reuse of the Secretary of the Interior, in consultation (A) to improve conservation in the Mis- former air base can proceed expeditiously; souri River watershed; with the Environmental Protection Agency, (5) following conveyance of the remaining the Department of Commerce, and the State (B) to protect recreation on the Missouri surplus property, the Secretary, as part of River from sedimentation; of Florida, shall jointly submit to Congress a his oversight for Everglades restoration, report on the implementation of the Plan. (C) to improve water quality in the Mis- should cooperate with the entities to which souri River; Such reports shall be completed not less the various parcels of surplus property were often than every 5 years. Such reports shall (D) to improve erosion control along the conveyed so that the planned use of those include a description of planning, design, and Missouri River; and properties is implemented in such a manner construction work completed, the amount of (E) to protect Indian and non-Indian his- as to remain consistent with the goals of the funds expended during the period covered by torical and cultural sites along the Missouri Everglades restoration plan; and the report (including a detailed analysis of River from erosion; and the funds expended for adaptive assessment (6) by August 1, 2002, the Secretary should (3) to meet the objectives described in under subsection (b)(2)(C)(xi)), and the work submit a report to the appropriate commit- paragraphs (1) and (2) by developing and fi- anticipated over the next 5-year period. In tees of Congress on actions taken and make nancing new programs in accordance with addition, each report shall include— any recommendations for consideration by the plan. (1) the determination of each Secretary, Congress. SEC. 703. DEFINITIONS. and the Administrator of the Environmental TITLE VII—MISSOURI RIVER PROTECTION In this title: Protection Agency, concerning the benefits AND IMPROVEMENT (1) PICK-SLOAN PROGRAM.—The term ‘‘Pick- to the natural system and the human envi- SEC. 701. SHORT TITLE. Sloan program’’ means the Pick-Sloan Mis- ronment achieved as of the date of the report This title shall be known as the ‘‘Missouri souri River Basin Program authorized by and whether the completed projects of the River Protection and Improvement Act of section 9 of the Act of December 22, 1944 (58 Plan are being operated in a manner that is 2000’’. Stat. 891, chapter 665). consistent with the requirements of sub- SEC. 702. FINDINGS AND PURPOSES. (2) PLAN.—The term ‘‘plan’’ means the plan section (h); (a) FINDINGS.—Congress finds that— for the use of funds made available by this September 25, 2000 CONGRESSIONAL RECORD — SENATE S9177

title that is required to be prepared under (2) CONSULTATION.—In preparing the report (A) IN GENERAL.—A non-Federal cost share section 705(e). under paragraph (1), the Secretary shall con- shall be required to carry out any critical (3) STATE.—The term ‘‘State’’ means the sult with— restoration project under subsection (f) that State of North Dakota. (A) the Secretary of Energy; does not primarily benefit the Federal Gov- (4) TASK FORCE.—The term ‘‘Task Force’’ (B) the Secretary of the Interior; ernment, as determined by the Task Force. means the North Dakota Missouri River (C) the Secretary of Agriculture; (B) FEDERAL SHARE.—The Federal share of Task Force established by section 705(a). (D) the State; and the cost of carrying out a critical restora- (5) TRUST.—The term ‘‘Trust’’ means the (E) Indian tribes in the State. tion project under subsection (f) for which North Dakota Missouri River Trust estab- (e) PLAN FOR USE OF FUNDS MADE AVAIL- the Task Force requires a non-Federal cost lished by section 704(a). ABLE BY THIS TITLE.— share under subparagraph (A) shall be 65 per- (1) IN GENERAL.—Not later than 3 years SEC. 704. MISSOURI RIVER TRUST. cent, not to exceed $5,000,000 for any critical after the date on which funding authorized restoration project. (a) ESTABLISHMENT.—There is established a under this title becomes available, the Task (C) NON-FEDERAL SHARE.— committee to be known as the North Dakota Force shall prepare a plan for the use of (i) IN GENERAL.—Not more than 50 percent Missouri River Trust. funds made available under this title. of the non-Federal share of the cost of car- (b) MEMBERSHIP.—The Trust shall be com- (2) CONTENTS OF PLAN.—The plan shall pro- rying out a critical restoration project de- posed of 16 members to be appointed by the vide for the manner in which the Task Force scribed in subparagraph (B) may be provided Secretary, including— shall develop and recommend critical res- in the form of services, materials, or other (1) 12 members recommended by the Gov- toration projects to promote— in-kind contributions. ernor of North Dakota that— (A) conservation practices in the Missouri (ii) REQUIRED NON-FEDERAL CONTRIBU- (A) represent equally the various interests River watershed; TIONS.—For any critical restoration project of the public; and (B) the general control and removal of described in subparagraph (B), the non-Fed- (B) include representatives of— sediment from the Missouri River; eral interest shall— (i) the North Dakota Department of (C) the protection of recreation on the Mis- (I) provide all land, easements, rights-of- Health; souri River from sedimentation; way, dredged material disposal areas, and re- (ii) the North Dakota Department of Parks (D) the protection of Indian and non-Indian locations; and Recreation; historical and cultural sites along the Mis- (II) pay all operation, maintenance, re- (iii) the North Dakota Department of souri River from erosion; placement, repair, and rehabilitation costs; Game and Fish; (E) erosion control along the Missouri and (iv) the North Dakota State Water Com- River; or (III) hold the United States harmless from mission; (F) any combination of the activities de- all claims arising from the construction, op- (v) the North Dakota Indian Affairs Com- scribed in subparagraphs (A) through (E). eration, and maintenance of the project. mission; (3) PLAN REVIEW AND REVISION.— (iii) CREDIT.—The non-Federal interest (vi) agriculture groups; (A) IN GENERAL.—The Task Force shall shall receive credit for all contributions pro- (vii) environmental or conservation orga- make a copy of the plan available for public vided under clause (ii)(I). nizations; review and comment before the plan becomes (viii) the hydroelectric power industry; final, in accordance with procedures estab- SEC. 706. ADMINISTRATION. (ix) recreation user groups; lished by the Task Force. (a) IN GENERAL.—Nothing in this title di- (x) local governments; and (B) REVISION OF PLAN.— minishes or affects— (xi) other appropriate interests; (i) IN GENERAL.—The Task Force may, on (1) any water right of an Indian tribe; (2) 4 members representing each of the 4 In- an annual basis, revise the plan. (2) any other right of an Indian tribe, ex- dian tribes in the State of North Dakota. (ii) PUBLIC REVIEW AND COMMENT.—In revis- cept as specifically provided in another pro- SEC. 705. MISSOURI RIVER TASK FORCE. ing the plan, the Task Force shall provide vision of this title; the public the opportunity to review and (a) ESTABLISHMENT.—There is established (3) any treaty right that is in effect on the comment on any proposed revision to the the Missouri River Task Force. date of enactment of this Act; plan. (4) any external boundary of an Indian res- (b) MEMBERSHIP.—The Task Force shall be (f) CRITICAL RESTORATION PROJECTS.— composed of— ervation of an Indian tribe; (1) IN GENERAL.—After the plan is approved (5) any authority of the State that relates (1) the Secretary (or a designee), who shall by the Task Force under subsection (c)(2), serve as Chairperson; to the protection, regulation, or manage- the Secretary, in coordination with the Task ment of fish, terrestrial wildlife, and cul- (2) the Secretary of Agriculture (or a des- Force, shall identify critical restoration ignee); tural and archaeological resources, except as projects to carry out the plan. specifically provided in this title; or (3) the Secretary of Energy (or a designee); (2) AGREEMENT.—The Secretary may carry (4) the Secretary of the Interior (or a des- (6) any authority of the Secretary, the Sec- out a critical restoration project after enter- retary of the Interior, or the head of any ignee); and ing into an agreement with an appropriate (5) the Trust. other Federal agency under a law in effect on non-Federal interest in accordance with— the date of enactment of this Act, (c) DUTIES.—The Task Force shall— (A) section 221 of the Flood Control Act of including— (1) meet at least twice each year; 1970 (42 U.S.C. 1962d–5b); and (2) vote on approval of the plan, with ap- (A) the National Historic Preservation Act (B) this section. (16 U.S.C. 470 et seq.); proval requiring votes in favor of the plan by (3) INDIAN PROJECTS.—To the maximum ex- a majority of the members; (B) the Archaeological Resources Protec- tent practicable, the Secretary shall ensure tion Act of 1979 (16 U.S.C. 470aa et seq.); (3) review projects to meet the goals of the that not less than 30 percent of the funds plan; and (C) the Fish and Wildlife Coordination Act made available for critical restoration (16 U.S.C. 661 et seq.); (4) recommend to the Secretary critical projects under this title shall be used exclu- projects for implementation. (D) the Act entitled ‘‘An Act for the pro- sively for projects that are— tection of the bald eagle’’, approved June 8, (d) ASSESSMENT.— (A) within the boundary of an Indian res- 1940 (16 U.S.C. 668 et seq.); (1) IN GENERAL.—Not later than 18 months ervation; or (E) the Migratory Bird Treaty Act (16 after the date on which funding authorized (B) administered by an Indian tribe. U.S.C. 703 et seq.); under this title becomes available, the Sec- (g) COST SHARING.— (F) the Endangered Species Act of 1973 (16 retary shall submit to the other members of (1) ASSESSMENT.— U.S.C. 1531 et seq.); the Task Force a report on— (A) FEDERAL SHARE.—The Federal share of (G) the Native American Graves Protection (A) the impact of the siltation of the Mis- the cost of carrying out the assessment and Repatriation Act (25 U.S.C. 3001 et seq.); souri River in the State, including the im- under subsection (d) shall be 75 percent. (H) the Federal Water Pollution Control pact on— (B) NON-FEDERAL SHARE.—The non-Federal Act (33 U.S.C. 1251 et seq.); (i) the Federal, State, and regional econo- share of the cost of carrying out the assess- (I) the Safe Drinking Water Act (42 U.S.C. mies; ment under subsection (d) may be provided 300f et seq.); and (ii) recreation; in the form of services, materials, or other (J) the National Environmental Policy Act (iii) hydropower generation; in-kind contributions. of 1969 (42 U.S.C. 4321 et seq.). (iv) fish and wildlife; and (2) PLAN.— (v) flood control; (A) FEDERAL SHARE.—The Federal share of (b) FEDERAL LIABILITY FOR DAMAGE.—Noth- (B) the status of Indian and non-Indian his- the cost of preparing the plan under sub- ing in this title relieves the Federal Govern- torical and cultural sites along the Missouri section (e) shall be 75 percent. ment of liability for damage to private prop- River; (B) NON-FEDERAL SHARE.—Not more than 50 erty caused by the operation of the Pick- (C) the extent of erosion along the Mis- percent of the non-Federal share of the cost Sloan program. souri River (including tributaries of the Mis- of preparing the plan under subsection (e) (c) FLOOD CONTROL.—Notwithstanding any souri River) in the State; and may be provided in the form of services, ma- other provision of this title, the Secretary (D) other issues, as requested by the Task terials, or other in-kind contributions. shall retain the authority to operate the Force. (3) CRITICAL RESTORATION PROJECTS.— Pick-Sloan program for the purposes of S9178 CONGRESSIONAL RECORD — SENATE September 25, 2000

meeting the requirements of the Act of De- (1) PROHIBITION.—As soon as practicable deed restriction that is required to comply cember 22, 1944 (58 Stat. 887, chapter 665; 33 after the date of enactment of this Act, the with— U.S.C. 701–1 et seq.). Secretary shall prohibit the issuance of new (A) the Act of May 18, 1938 (16 U.S.C. 833 et (d) USE OF FUNDS.—Funds transferred to cabin site leases within the Refuge, except as seq.); the Trust may be used to pay the non-Fed- is necessary to consolidate with, or sub- (B) laws (including regulations) applicable eral share required under Federal programs. stitute for, an existing cabin lease site under to management of the Refuge; and SEC. 707. AUTHORIZATION OF APPROPRIATIONS. paragraph (2). (C) any other laws (including regulations) (a) INITIAL FUNDING.—There is authorized (2) DETERMINATION; NOTICE.—Not later than for which compliance is necessary to— to be appropriated to the Secretary to carry 1 year after the date of enactment of this (i) ensure the maintenance of existing and out this title $4,000,000 for each of fiscal Act, and before proceeding with any ex- adequate public access to and along Fort years 2001 through 2004, to remain available change under this title, the Secretary shall— Peck Lake; and until expended. (A) with the concurrence of the Secretary (ii) limit future uses of a cabin site to— (b) EXISTING PROGRAMS.—The Secretary of the Interior, determine individual cabin (I) noncommercial, single-family use; and shall fund programs authorized under the sites that are not suitable for conveyance to (II) the type and intensity of use of the Pick-Sloan program in existence on the date a lessee— cabin site made on the date of enactment of of enactment of this Act at levels that are (i) because the sites are isolated so that this Act, as limited by terms of any lease ap- not less than funding levels for those pro- conveyance of 1 or more of the sites would plicable to the cabin site in effect on that grams as of that date. create an inholding that would impair man- date; and agement of the Refuge; or (6) conduct an appraisal of each cabin site TITLE VIII—WILDLIFE REFUGE (ii) for any other reason that adversely im- (including any expansion of the cabin site ENHANCEMENT pacts the future habitability of the sites; and under paragraph (1)) that— SEC. 801. SHORT TITLE. (B) provide written notice to each lessee (A) is carried out in accordance with the This title may be cited as the ‘‘Charles M. that specifies any requirements concerning Uniform Appraisal Standards for Federal Russell National Wildlife Refuge Enhance- the form of a notice of interest in acquiring Land Acquisition; ment Act of 2000’’. a cabin site that the lessee may submit (B) excludes the value of any private im- SEC. 802. PURPOSE. under subsection (b)(1)(A) and the portion of provement to the cabin sites; and The purpose of this title is to direct the administrative costs that would be paid to (C) takes into consideration any covenant Secretary, in consultation with the Sec- the Secretary under section 808(b), to— or other restriction determined to be nec- retary of the Interior, to convey cabin sites (i) determine whether the lessee is inter- essary under paragraph (5) and subsection at Fort Peck Lake, Montana, and to acquire ested in acquiring the cabin site area of the (h). land with greater wildlife and other public lessee; and (d) CONSULTATION AND PUBLIC INVOLVE- value for the Charles M. Russell National (ii) inform each lessee of the rights of the MENT.—The Secretary shall— Wildlife Refuge, to— lessee under this title. (1) carry out subsections (b) and (c) in con- (1) better achieve the wildlife conservation (3) OFFER OF COMPARABLE CABIN SITE.—If sultation with— purposes for which the Refuge was estab- the Secretary determines that a cabin site is (A) the Secretary of the Interior; lished; not suitable for conveyance to a lessee under (B) affected lessees; (2) protect additional fish and wildlife paragraph (2)(A), the Secretary, in consulta- (C) affected counties in the State of Mon- habitat in and adjacent to the Refuge; tion with the Secretary of the Interior, shall tana; and (3) enhance public opportunities for hunt- offer to the lessee the opportunity to acquire (D) the Association; and ing, fishing, and other wildlife-dependent ac- a comparable cabin site within another cabin (2) hold public hearings, and provide all in- tivities; site area. terested parties with notice and an oppor- (b) RESPONSE.— (4) improve management of the Refuge; and tunity to comment, on the activities carried (1) NOTICE OF INTEREST.— (5) reduce Federal expenditures associated out under this section. (A) IN GENERAL.—Not later than July 1, with the administration of cabin site leases. (e) CONVEYANCE.—Subject to subsections 2003, a lessee shall notify the Secretary in SEC. 803. DEFINITIONS. (h) and (i) and section 808(b), the Secretary writing of an interest in acquiring the cabin shall convey a cabin site by individual pat- In this title: site of the lessee. ent or deed to the lessee under this title— (1) ASSOCIATION.—The term ‘‘Association’’ (B) FORM.—The notice under this para- (1) if each cabin site complies with Fed- means the Fort Peck Lake Association. graph shall be submitted in such form as is eral, State, and county septic and water (2) CABIN SITE.— required by the Secretary under subsection quality laws (including regulations); (A) IN GENERAL.—The term ‘‘cabin site’’ (a)(2)(B). (2) if the lessee complies with other re- means a parcel of property within the Fort (2) UNPURCHASED CABIN SITES.—If the Sec- quirements of this section; and Peck, Hell Creek, Pines, or Rock Creek retary receives no notice of interest or offer (3) after receipt of the payment for the Cabin areas that is— to purchase a cabin site from the lessee cabin site from the lessee in an amount (i) managed by the Army Corps of Engi- under paragraph (1) or the lessee declines an equal to the appraised fair market value of neers; opportunity to purchase a comparable cabin the cabin site as determined in accordance (ii) located in or near the eastern portion site under subsection (a)(3), the cabin site with subsection (c)(6). of Fort Peck Lake, Montana; and shall be subject to sections 805 and 806. (f) VEHICULAR ACCESS.— (iii) leased for individual use or occupancy. (c) PROCESS.—After providing notice to a (1) IN GENERAL.—Nothing in this title au- (B) INCLUSIONS.—The term ‘‘cabin site’’ in- lessee under subsection (a)(2)(B), the Sec- thorizes any addition to or improvement of cludes all right, title and interest of the retary shall— vehicular access to a cabin site. United States in and to the property, (1) determine whether any small parcel of (2) CONSTRUCTION.—The Secretary— including— land contiguous to any cabin site (not in- (A) shall not construct any road for the (i) any permanent easement that is nec- cluding shoreline or land needed to provide sole purpose of providing access to land sold essary to provide vehicular access to the public access to the shoreline of Fort Peck under this section; and cabin site; and Lake) should be conveyed as part of the (B) shall be under no obligation to service (ii) the right to reconstruct, operate, and cabin site to— or maintain any existing road used primarily maintain an easement described in clause (i). (A) protect water quality; for access to that land (or to a cabin site). (3) CABIN SITE AREA.— (B) eliminate an inholding; or (3) OFFER TO CONVEY.—The Secretary may (A) IN GENERAL.—The term ‘‘cabin site (C) facilitate administration of the land re- offer to convey to the State of Montana, any area’’ means a portion of the Fort Peck, Hell maining in Federal ownership; political subdivision of the State of Mon- Creek, Pines, or Rock Creek Cabin Areas re- (2) if the Secretary determines that a con- tana, or the Association, any road deter- ferred to in paragraph (2) that is occupied by veyance should be completed under para- mined by the Secretary to primarily service 1 or more cabin sites. graph (1), provide notice of the intent of the the land sold under this section. (B) INCLUSION.—The term ‘‘cabin site area’’ Secretary to complete the conveyance to the (g) UTILITIES AND INFRASTRUCTURE.— includes such immediately adjacent land, if lessee of each affected cabin site; (1) IN GENERAL.—The purchaser of a cabin any, as is needed for the cabin site area to (3) survey each cabin site to determine the site shall be responsible for the acquisition exist as a generally contiguous parcel of acreage and legal description of the cabin of all utilities and infrastructure necessary land, as determined by the Secretary with site area, including land identified under to support the cabin site. the concurrence of the Secretary of the Inte- paragraph (1); (2) NO FEDERAL ASSISTANCE.—The Sec- rior. (4) take such actions as are necessary to retary shall not provide any utilities or in- (4) LESSEE.—The term ‘‘lessee’’ means a ensure compliance with all applicable envi- frastructure to the cabin site. person that is leasing a cabin site. ronmental laws; (h) COVENANTS AND DEED RESTRICTIONS.— (5) REFUGE.—The term ‘‘Refuge’’ means the (5) with the concurrence of the Secretary (1) IN GENERAL.—Before conveying any Charles M. Russell National Wildlife Refuge of the Interior, determine which covenants cabin site under subsection (e), the Sec- in Montana. or deed restrictions, if any, should be placed retary, in consultation with the Secretary of SEC. 804. CONVEYANCE OF CABIN SITES. on a cabin site before conveyance out of Fed- the Interior, shall ensure that the title to (a) IN GENERAL.— eral ownership, including any covenant or the cabin site includes such covenants and September 25, 2000 CONGRESSIONAL RECORD — SENATE S9179 deed restrictions as are determined, under essary to make binding on all subsequent retary for a reasonable portion, as deter- subsection (c), to be necessary to make bind- purchasers of the cabin site any other cov- mined by the Secretary, of the administra- ing on all subsequent purchasers of the cabin enants or deed restrictions in the title to the tive costs (including survey costs), incurred site any other covenants or deed restrictions cabin site. in carrying out this title, with such portion in the title to the cabin site. (e) NO CONVEYANCE OF UNSUITABLE CABIN to be described in the notice provided to the (2) RESERVATION OF RIGHTS.—The Secretary SITES.—A cabin site that is determined to be Association and lessees under section may reserve the perpetual right, power, unsuitable for conveyance under subsection 804(a)(2); and privilege, and easement to permanently 804(a)(2) shall not be conveyed by the Sec- (2) shall require the party to whom the overflow, flood, submerge, saturate, per- retary under this section. property is conveyed to reimburse the Asso- colate, or erode a cabin site (or any portion (f) REPORT.—Not later than July 1, 2003, ciation for a proportionate share of the costs of a cabin site) that the Secretary deter- the Secretary shall submit to Congress a re- (including interest) incurred by the Associa- mines is necessary in the operation of the port that— tion in carrying out transactions under this Fort Peck Dam. (1) describes progress made in imple- Act. (i) NO CONVEYANCE OF UNSUITABLE CABIN menting this Act; and SEC. 809. TERMINATION OF WILDLIFE DESIGNA- SITES.—A cabin site that is determined to be (2) identifies cabin owners that have filed a TION. unsuitable for conveyance under subsection notice of interest under section 804(b) and None of the land conveyed under this title (a)(2) shall not be conveyed by the Secretary have declined an opportunity to acquire a shall be designated, or shall remain des- under this section. comparable cabin site under section 804(a)(3). ignated as, part of the National Wildlife Ref- (j) IDENTIFICATION OF LAND FOR EX- SEC. 806. CONVEYANCE TO THIRD PARTIES. uge System. CHANGE.— (a) CONVEYANCES TO THIRD PARTIES.—As SEC. 810. AUTHORIZATION OF APPROPRIATIONS. (1) IN GENERAL.—As soon as practicable soon as practicable after the expiration or There are authorized to be appropriated after the date of enactment of this Act, the surrender of a lease, the Secretary, in con- Secretary of the Interior shall identify land such sums as are necessary to carry out this sultation with the Secretary of the Interior, title. that may be acquired that meets the pur- may offer for sale, by public auction, written poses of paragraphs (1) through (4) of section invitation, or other competitive sales proce- TITLE IX—MISSOURI RIVER RESTORATION 802 and for which a willing seller exists. dure, and at the fair market value of the SEC. 901. SHORT TITLE. (2) APPRAISAL.—On a request by a willing cabin site determined under section 804(c)(6), This title shall be known as the ‘‘Missouri seller, the Secretary of the Interior shall ap- any cabin site that— River Restoration Act of 2000’’. praise the land identified under paragraph (1) is not conveyed to a lessee under this SEC. 902. FINDINGS AND PURPOSES. (1). title; and (a) FINDINGS.—Congress finds that— (3) ACQUISITION.—If the Secretary of the In- (2) has not been determined to be unsuit- (1) the Missouri River is— terior determines that the acquisition of the able for conveyance under section 804(a)(2). (A) an invaluable economic, environ- land would meet the purposes of paragraphs (b) COVENANTS AND DEED RESTRICTIONS.— mental, recreational, and cultural resource (1) through (4) of section 802, the Secretary Before conveying any cabin site under sub- to the people of the United States; and of the Interior shall cooperate with the will- section (a), the Secretary shall ensure that (B) a critical source of water for drinking ing seller to facilitate the acquisition of the the title to the cabin site includes such cov- and irrigation; property in accordance with section 807. enants and deed restrictions as are deter- (2) millions of people fish, hunt, and camp (4) PUBLIC PARTICIPATION.—The Secretary mined, under section 804(c), to be necessary along the Missouri River each year; of the Interior shall hold public hearings, to make binding on all subsequent pur- (3) thousands of sites of spiritual impor- and provide all interested parties with notice chasers of the cabin site any other covenants tance to Native Americans line the shores of and an opportunity to comment, on the ac- or deed restrictions contained in the title to the Missouri River; tivities carried out under this section. the cabin site. (4) the Missouri River provides critical SEC. 805. RIGHTS OF NONPARTICIPATING LES- (c) CONVEYANCE TO ASSOCIATION.—On the wildlife habitat for threatened and endan- SEES. completion of all individual conveyances of gered species; (a) CONTINUATION OF LEASE.— cabin sites under this title (or at such prior (5) in 1944, Congress approved the Pick- (1) IN GENERAL.—A lessee that does not pro- time as the Secretary determines would be vide the Secretary with an offer to acquire Sloan program— practicable based on the location of property (A) to promote the general economic devel- the cabin site of the lessee under section 804 to be conveyed), the Secretary shall convey (including a lessee who declines an offer of a opment of the United States; to the Association all land within the outer (B) to provide for irrigation above Sioux comparable cabin site under section 804(a)(3)) boundaries of cabin site areas that are not may elect to continue to lease the cabin site City, Iowa; conveyed to lessees under this title at fair (C) to protect urban and rural areas from for the remainder of the current term of the market value based on an appraisal carried lease, which, except as provided in paragraph devastating floods of the Missouri River; and out in accordance with the Uniform Ap- (D) for other purposes; (2), shall not be renewed or otherwise ex- praisal Standards for Federal Land Acquisi- tended. (6) the Oahe, Big Bend, Fort Randall, and tion. Gavins Point Dams were constructed on the (2) EXPIRATION BEFORE 2010.—If the current SEC. 807. USE OF PROCEEDS. term of a lessee described in paragraph (1) Missouri River in South Dakota under the (a) PROCEEDS.—All payments for the con- expires or is scheduled to expire before 2010, Pick-Sloan program; veyance of cabin sites under this title, ex- the Secretary shall offer to extend or renew (7) the dams referred to in paragraph (6)— cept costs collected by the Secretary under the lease through 2010. (A) generate low-cost electricity for mil- section 808(b), shall be deposited in a special (b) IMPROVEMENTS.—Any improvements lions of people in the United States; and personal property of the lessee that are fund in the Treasury for use by the Secretary (B) provide revenue to the Treasury; and not removed from the cabin site before the of the Interior, acting through the Director (C) provide flood control that has pre- termination of the lease shall be considered of the United States Fish and Wildlife Serv- vented billions of dollars of damage; property of the United States in accordance ice and without further Act of appropriation, (8) the Oahe, Big Bend, Fort Randall, and with the provisions of the lease. solely for the acquisition from willing sellers Gavins Point Dams have reduced the ability (c) OPTION TO PURCHASE.—Subject to sub- of property that— of the Missouri River to carry sediment sections (d) and (e) and section 808(b), if at (1) is within or adjacent to the Refuge; downstream, resulting in the accumulation any time before termination of the lease, a (2) would be suitable to carry out the pur- of sediment in the reservoirs known as Lake lessee described in subsection (a)(1)— poses of this Act described in paragraphs (1) Oahe, Lake Sharpe, Lake Francis Case, and (1) notifies the Secretary of the intent of through (4) of section 802; and Lewis and Clark Lake; the lessee to purchase the cabin site of the (3) on acquisition by the Secretary of the (9) the sediment depositions— lessee; and Interior, would be accessible to the general (A) cause shoreline flooding; (2) pays for an updated appraisal of the site public for use in conducting activities con- (B) destroy wildlife habitat; in accordance with section 804(c)(6); sistent with approved uses of the Refuge. (C) limit recreational opportunities; the Secretary shall convey the cabin site to (b) LIMITATION.—To the maximum extent (D) threaten the long-term ability of dams the lessee, by individual patent or deed, on practicable, acquisitions under this title to provide hydropower and flood control receipt of payment for the site from the les- shall be of land within the Refuge boundary. under the Pick-Sloan program; see in an amount equal to the appraised fair SEC. 808. ADMINISTRATIVE COSTS. (E) reduce water quality; and market value of the cabin site as determined (a) IN GENERAL.—Except as provided in (F) threaten intakes for drinking water by the updated appraisal. subsection (b), the Secretary shall pay all and irrigation; and (d) COVENANTS AND DEED RESTRICTIONS.— administrative costs incurred in carrying (10) to meet the objectives established by Before conveying any cabin site under sub- out this title. Congress for the Pick-Sloan program, it is section (c), the Secretary, in consultation (b) REIMBURSEMENT.—As a condition of the necessary to establish a Missouri River Res- with the Secretary of the Interior, shall en- conveyance of any cabin site area under this toration Program— sure that the title to the cabin site includes title, the Secretary— (A) to improve conservation; such covenants and deed restrictions as are (1) may require the party to whom the (B) to reduce the deposition of sediment; determined, under section 804(c), to be nec- property is conveyed to reimburse the Sec- and S9180 CONGRESSIONAL RECORD — SENATE September 25, 2000 (C) to take other steps necessary for proper (5) the Trust. ing into an agreement with an appropriate management of the Missouri River. (c) DUTIES.—The Task Force shall— non-Federal interest in accordance with— (b) PURPOSES.—The purposes of this title (1) meet at least twice each year; (A) section 221 of the Flood Control Act of are— (2) vote on approval of the plan, with ap- 1970 (42 U.S.C. 1962d–5b); and (1) to reduce the siltation of the Missouri proval requiring votes in favor of the plan by (B) this section. River in the State of South Dakota; a majority of the members; (3) INDIAN PROJECTS.—To the maximum ex- (2) to meet the objectives of the Pick- (3) review projects to meet the goals of the tent practicable, the Secretary shall ensure Sloan program by developing and imple- plan; and that not less than 30 percent of the funds menting a long-term strategy— (4) recommend to the Secretary critical made available for critical restoration (A) to improve conservation in the Mis- projects for implementation. projects under this title shall be used exclu- souri River watershed; (d) ASSESSMENT.— sively for projects that are— (B) to protect recreation on the Missouri (1) IN GENERAL.—Not later than 18 months (A) within the boundary of an Indian res- River from sedimentation; after the date on which funding authorized ervation; or (C) to improve water quality in the Mis- under this title becomes available, the Sec- (B) administered by an Indian tribe. souri River; retary shall submit to the other members of (g) COST SHARING.— (D) to improve erosion control along the the Task Force a report on— (1) ASSESSMENT.— Missouri River; and (A) the impact of the siltation of the Mis- (A) FEDERAL SHARE.—The Federal share of (E) to protect Indian and non-Indian his- souri River in the State, including the im- the cost of carrying out the assessment torical and cultural sites along the Missouri pact on— under subsection (d) shall be 75 percent. River from erosion; and (i) the Federal, State, and regional econo- (B) NON-FEDERAL SHARE.—The non-Federal (3) to meet the objectives described in mies; share of the cost of carrying out the assess- paragraphs (1) and (2) by developing and fi- (ii) recreation; ment under subsection (d) may be provided nancing new programs in accordance with (iii) hydropower generation; in the form of services, materials, or other the plan. (iv) fish and wildlife; and in-kind contributions. SEC. 903. DEFINITIONS. (v) flood control; (2) PLAN.— In this title: (B) the status of Indian and non-Indian his- (A) FEDERAL SHARE.—The Federal share of (1) COMMITTEE.—The term ‘‘Committee’’ torical and cultural sites along the Missouri the cost of preparing the plan under sub- means the Executive Committee appointed River; section (e) shall be 75 percent. under section 904(d). (C) the extent of erosion along the Mis- (B) NON-FEDERAL SHARE.—Not more than 50 (2) PICK-SLOAN PROGRAM.—The term ‘‘Pick- souri River (including tributaries of the Mis- percent of the non-Federal share of the cost Sloan program’’ means the Pick-Sloan Mis- souri River) in the State; and of preparing the plan under subsection (e) souri River Basin Program authorized by (D) other issues, as requested by the Task may be provided in the form of services, ma- section 9 of the Act of December 22, 1944 (58 Force. terials, or other in-kind contributions. Stat. 891, chapter 665). (2) CONSULTATION.—In preparing the report (3) CRITICAL RESTORATION PROJECTS.— (3) PLAN.—The term ‘‘plan’’ means the plan under paragraph (1), the Secretary shall con- (A) IN GENERAL.—A non-Federal cost share for the use of funds made available by this sult with— shall be required to carry out any critical title that is required to be prepared under (A) the Secretary of Energy; restoration project under subsection (f) that section 905(e). (B) the Secretary of the Interior; does not primarily benefit the Federal Gov- (4) STATE.—The term ‘‘State’’ means the (C) the Secretary of Agriculture; ernment, as determined by the Task Force. State of South Dakota. (D) the State; and (B) FEDERAL SHARE.—The Federal share of (5) TASK FORCE.—The term ‘‘Task Force’’ (E) Indian tribes in the State. the cost of carrying out a critical restora- means the Missouri River Task Force estab- (e) PLAN FOR USE OF FUNDS MADE AVAIL- tion project under subsection (f) for which lished by section 905(a). ABLE BY THIS TITLE.— the Task Force requires a non-Federal cost (6) TRUST.—The term ‘‘Trust’’ means the (1) IN GENERAL.—Not later than 3 years share under subparagraph (A) shall be 65 per- Missouri River Trust established by section after the date on which funding authorized cent, not to exceed $5,000,000 for any critical 904(a). under this title becomes available, the Task restoration project. SEC. 904. MISSOURI RIVER TRUST. Force shall prepare a plan for the use of (C) NON-FEDERAL SHARE.— (a) ESTABLISHMENT.—There is established a funds made available under this title. (i) IN GENERAL.—Not more than 50 percent committee to be known as the Missouri (2) CONTENTS OF PLAN.—The plan shall pro- of the non-Federal share of the cost of car- River Trust. vide for the manner in which the Task Force rying out a critical restoration project de- (b) MEMBERSHIP.—The Trust shall be com- shall develop and recommend critical res- scribed in subparagraph (B) may be provided posed of 25 members to be appointed by the toration projects to promote— in the form of services, materials, or other Secretary, including— (A) conservation practices in the Missouri in-kind contributions. (1) 15 members recommended by the Gov- River watershed; (ii) REQUIRED NON-FEDERAL CONTRIBU- ernor of South Dakota that— (B) the general control and removal of TIONS.—For any critical restoration project (A) represent equally the various interests sediment from the Missouri River; described in subparagraph (B), the non-Fed- of the public; and (C) the protection of recreation on the Mis- eral interest shall— (B) include representatives of— souri River from sedimentation; (I) provide all land, easements, rights-of- (i) the South Dakota Department of Envi- (D) the protection of Indian and non-Indian way, dredged material disposal areas, and re- ronment and Natural Resources; historical and cultural sites along the Mis- locations; (ii) the South Dakota Department of souri River from erosion; (II) pay all operation, maintenance, re- Game, Fish, and Parks; (E) erosion control along the Missouri placement, repair, and rehabilitation costs; (iii) environmental groups; River; or and (iv) the hydroelectric power industry; (F) any combination of the activities de- (III) hold the United States harmless from (v) local governments; scribed in subparagraphs (A) through (E). all claims arising from the construction, op- (vi) recreation user groups; (3) PLAN REVIEW AND REVISION.— eration, and maintenance of the project. (vii) agricultural groups; and (A) IN GENERAL.—The Task Force shall (iii) CREDIT.—The non-Federal interest (viii) other appropriate interests; make a copy of the plan available for public shall receive credit for all contributions pro- (2) 9 members, 1 of each of whom shall be review and comment before the plan becomes vided under clause (ii)(I). recommended by each of the 9 Indian tribes final, in accordance with procedures estab- SEC. 906. ADMINISTRATION. in the State of South Dakota; and lished by the Task Force. (a) IN GENERAL.—Nothing in this title di- (3) 1 member recommended by the organi- (B) REVISION OF PLAN.— minishes or affects— zation known as the ‘‘Three Affiliated Tribes (i) IN GENERAL.—The Task Force may, on (1) any water right of an Indian tribe; of North Dakota’’ (composed of the Mandan, an annual basis, revise the plan. (2) any other right of an Indian tribe, ex- Hidatsa, and Arikara tribes). (ii) PUBLIC REVIEW AND COMMENT.—In revis- cept as specifically provided in another pro- SEC. 905. MISSOURI RIVER TASK FORCE. ing the plan, the Task Force shall provide vision of this title; (a) ESTABLISHMENT.—There is established the public the opportunity to review and (3) any treaty right that is in effect on the the Missouri River Task Force. comment on any proposed revision to the date of enactment of this Act; (b) MEMBERSHIP.—The Task Force shall be plan. (4) any external boundary of an Indian res- composed of— (f) CRITICAL RESTORATION PROJECTS.— ervation of an Indian tribe; (1) the Secretary (or a designee), who shall (1) IN GENERAL.—After the plan is approved (5) any authority of the State that relates serve as Chairperson; by the Task Force under subsection (c)(2), to the protection, regulation, or manage- (2) the Secretary of Agriculture (or a des- the Secretary, in coordination with the Task ment of fish, terrestrial wildlife, and cul- ignee); Force, shall identify critical restoration tural and archaeological resources, except as (3) the Secretary of Energy (or a designee); projects to carry out the plan. specifically provided in this title; or (4) the Secretary of the Interior (or a des- (2) AGREEMENT.—The Secretary may carry (6) any authority of the Secretary, the Sec- ignee); and out a critical restoration project after enter- retary of the Interior, or the head of any September 25, 2000 CONGRESSIONAL RECORD — SENATE S9181 other Federal agency under a law in effect on The Corps of Engineers, contingent on MORNING BUSINESS the date of enactment of this Act, available appropriations, will be au- Mr. ROBERTS. Mr. President, I ask including— thorized to spend $20 million in co- (A) the National Historic Preservation Act unanimous consent there now be a pe- (16 U.S.C. 470 et seq.); operation with local governments, riod for the transaction of morning (B) the Archaeological Resources Protec- tribes, and restoration groups to make business, with Senators permitted to tion Act of 1979 (16 U.S.C. 470aa et seq.); existing Corps projects more salmon- speak for up to 10 minutes each. (C) the Fish and Wildlife Coordination Act friendly and enhance critical stream The PRESIDING OFFICER. Without (16 U.S.C. 661 et seq.); habitat. objection, it is so ordered. (D) the Act entitled ‘‘An Act for the pro- Mr. ROBERTS. I ask unanimous con- tection of the bald eagle’’, approved June 8, WRDA 2000 also includes an author- 1940 (16 U.S.C. 668 et seq.); ization for the Corps of Engineers to sent I might be recognized for 20 min- (E) the Migratory Bird Treaty Act (16 study and construct an erosion control utes as in morning business. U.S.C. 703 et seq.); project for the Shoalwater Bay Indian The PRESIDING OFFICER. Without (F) the Endangered Species Act of 1973 (16 Tribe. The Shoalwater Bay Indian objection, it is so ordered. U.S.C. 1531 et seq.); Tribe, located on a 335-acre reservation f (G) the Native American Graves Protection in southwest Washington, has experi- and Repatriation Act (25 U.S.C. 3001 et seq.); GENERAL CHARLES E. WILHELM (H) the Federal Water Pollution Control enced dramatic erosion events for the Act (33 U.S.C. 1251 et seq.); past several winters. During the 1998– Mr. ROBERTS. Mr. President, late in (I) the Safe Drinking Water Act (42 U.S.C. 1999 winter storms alone, the tribe lost the afternoon of this coming Thursday, 300f et seq.); and several hundred feet of shoreline. These the U.S. Marine Corps will conduct a (J) the National Environmental Policy Act events have been particularly dam- retirement ceremony at the Marine of 1969 (42 U.S.C. 4321 et seq.). aging to this small tribe of 245 people, Corps War Memorial in Arlington, VA. (b) FEDERAL LIABILITY FOR DAMAGE.—Noth- most of whom depend on the tribe’s It would not be too surprising for all ing in this title relieves the Federal Govern- who know the honoree, if those leg- ment of liability for damage to private prop- shellfish resource along the 700 acres of erty caused by the operation of the Pick- tidelands. endary marines raising the flag atop Mt. Suribachi at the Iwo Jima Memo- Sloan program. Another provision will assist the (c) FLOOD CONTROL.—Notwithstanding any rial and ensconced in statuary history other provision of this title, the Secretary communities along the Columbia, Cow- might actually plant the flag, come to shall retain the authority to operate the litz, and Toutle rivers. During the attention and give a proud salute to Pick-Sloan program for the purposes of early 1980s after the eruption on Mount Gen. Charles E. Wilhelm. Now retired meeting the requirements of the Act of De- St. Helens on May 18, 1980, the Corps of after 35 years of service and the former cember 22, 1944 (58 Stat. 887, chapter 665; 33 Engineers engaged in a series of emer- commander of the U.S. Southern Com- U.S.C. 701–1 et seq.). gency and congressionally authorized (d) USE OF FUNDS.—Funds transferred to mand, Charles Wilhelm has been the the Trust may be used to pay the non-Fed- projects to stop or control the flow of epitome of dedication, professionalism, eral share required under Federal programs. sediment from Mount St. Helens into and pride. Simply put, he has been a SEC. 907. AUTHORIZATION OF APPROPRIATIONS. the Toutle, Cowlitz, and Columbia riv- marine’s marine. In paying tribute to (a) INITIAL FUNDING.—There is authorized ers. Since the major Northwest Wash- General Wilhelm, my remarks are in to be appropriated to the Secretary to carry ington flood of 1996, which severely im- keeping with the appreciation, admira- out this title $4,000,000 for each of fiscal pacted the communities surrounding tion, and thanks of my colleagues in years 2001 through 2010, to remain available these three rivers, the Corps of Engi- the Senate, more especially the chair- until expended. neers and county governments in man and members of the Armed Serv- (b) EXISTING PROGRAMS.—The Secretary shall fund programs authorized under the Southwest Washington have engaged in ices Committee, all those privileged to Pick-Sloan program in existence on the date discussions over the level of flood pro- serve on committees of jurisdiction of enactment of this Act at levels that are tection to be maintained for the Mount dealing with our national defense and not less than funding levels for those pro- St. Helens Sediment Control Project. foreign policy and former marines who grams as of that date. The WRDA bill clarifies the Corps’ re- serve in the Congress. I think Charles Mr. ROBERTS. Mr. President, I ask sponsibility to maintain this project Wilhelm was destined to serve in our to reconsider the vote, and on behalf of and provides certainty for the commu- Nation’s sea service and become an the Senator from New Hampshire, Mr. nities in the future. outstanding marine in that he was born SMITH, I move to table my own motion. Finally, the bill includes authoriza- of the shores of Albemarle Sound in The PRESIDING OFFICER (Mr. SES- tion for the Corps to accept funding historic Edenton, NC. He graduated SIONS). Without objection, it is so or- from non-federal public entities to im- from Florida State University and dered. prove and enhance the regulatory ac- later earned a master of science degree ∑ Mr. GORTON. Madam President, I re- tivities of the Corps of Engineers. from Salve Regina College in Newport, gret I was unable to vote on the final Since the listing of the four Puget RI. He was commissioned a second lieu- passage of the Water Resources Devel- Sound salmon species last year, the Se- tenant in 1964 and saw two tours of opment Act, S. 2796. Had I been attle office of the Corps of Engineers service in Vietnam where in the full component of command positions, he present, I would have voted in favor of has been inundated with permits that served with distinction: as a rifle pla- this legislation. requires additional consultation order The bill contains authorizations for toon commander; company com- the Endangered Species Act. Unfortu- several important projects for Wash- mander; and senior advisor to a Viet- nately, this additional responsibility ington State. I would like to thank the namese Army battalion. requires additional staff and resources chairman of the Senate Environment For his heroism under fire, he was to occur in a timely manner. At the be- and Public Works Committee. Senator awarded the Silver Star Medal, Bronze ginning of this year, the Seattle regu- BOB SMITH, and the chairman of the Star Medal with Combat V, Navy Com- latory office had a backlog of 300 per- Subcommittee on Transportation and mendation Medal with Combat V, and mit applications. Today that backlog Infrastructure, Senator GEORGE the Army Commendation Medal with has grown to nearly 1,000. This provi- VOINOVICH, for their assistance in ad- Combat V. General Wilhelm’s other sion will provide the Corps the addi- dressing the water resource needs of personal decorations include the De- the Pacific Northwest. I’d like to high- tional resources it needs to comply fense Service Medal with Oak Leaf light four projects critical to my con- with the Endangered Species Act. Cluster, the Distinguished Service stituents. Once again, I would like to thank the Medal, Defense Meritorious Service The bill provides authorization for members of the Environment and Pub- Medal, the Navy Commendation Medal, the Puget Sound Ecosystem Restora- lic Works Committee for their assist- and Combat Action Ribbon. The last tion Project, an environmental restora- ance in providing authorization for thing that Charley Wilhelm would tion program designed to improve habi- projects important to the residents of want or stand for would be for some tat for four threatened anadromous Washington state. I am pleased the Senator like myself to stand on the fish species in the Puget Sound basin. Senate passed this legislation today.∑ Senate floor and list the rest of all of