H10290 CONGRESSIONAL RECORD — HOUSE October 19, 2000 PROVIDING FOR CONSIDERATION today and, as I have said, extremely undoing years of neglect and misunder- OF S. 2796, WATER RESOURCES fair under the circumstances. I defi- standing that have brought the Florida DEVELOPMENT ACT OF 2000 nitely encourage my colleagues to sup- Everglades to the brink of disaster. In Mr. GOSS. Mr. Speaker, by direction port this rule so we can get on with my view, the Everglades provisions in of the Committee on Rules, I call up this very important legislation. the WRDA bill will do just that, put- House Resolution 639 and ask for its The WRDA bill is a critically impor- ting us now on solid footing for the immediate consideration. tant piece of environmental legisla- next 10 years. The Everglades is a national treas- The Clerk read the resolution, as fol- tion. Of particular note is that this ure, and the House action today to im- lows: year’s WRDA bill contains an initial authorization for a plan to restore the plement a comprehensive plan to re- H. RES. 639 Florida Everglades, unquestionably a store it is, indeed, historic, as Gov- Resolved, That upon the adoption of this unique national treasure of which we ernor Bush has said. resolution it shall be in order without inter- are very proud. The Everglades Res- I hope all of my colleagues will sup- vention of any point of order to consider in port the water resources bill and the the House the bill (S. 2796) to provide for the toration Project represents the largest, conservation and development of water and most comprehensive environmental restoration of the Everglades. Further- related resources, to authorize the Secretary restoration ever attempted. more, I strongly urge support of this of the Army to construct various projects for Florida Governor Jeb Bush recently rule so we can get on with this impor- improvements to rivers and harbors of the termed the Everglades restoration ef- tant debate. United States, and for other purposes. The fort ‘‘perhaps the defining environ- Mr. Speaker, I reserve the balance of bill shall be considered as read for amend- mental issue of this new century.’’ my time. ment. The amendment in the nature of a Mr. FROST. Mr. Speaker, I yield my- substitute printed in the Congressional Governor Bush is absolutely correct. It should be noted that the State of self such time as I may consume. Record and numbered 2 pursuant to clause 8 Mr. Speaker, this rule expedites mov- Florida has already set aside funds of rule XVIII shall be considered as adopted. ing the Senate bill S. 2796 to conference from its budget to meet its entire cost The previous question shall be considered as and thus one step closer to being ordered on the bill, as amended, to final pas- share of the restoration effort for the passed by the Congress and sent to the sage without intervening motion except: (1) next 10 years, an unprecedented step President before the adjournment of one hour of debate on the bill, as amended, and an unmistakable display of com- the 106th Congress. While this is a equally divided and controlled by the chair- mitment. I am proud of the State of closed rule, it is supported by the ma- man and ranking minority member of the Florida for taking that step. Committee on Transportation and Infra- jority of the Democratic Members of The Everglades has always been a structure; and (2) one motion to recommit the Committee on Transportation and nonpartisan effort. Every Member of with or without instructions. Infrastructure; and for that reason, I the Florida delegation has been united SEC. 2. If the Senate bill, as amended, is will support it. passed, then it shall be in order to move that in support of this treasure. Our delega- The rule provides that the text of an the House insist on its amendment to S. 2796 tion has been especially well led on the amendment in the nature of a sub- and request a conference with the Senate Everglades issue by the gentleman thereon. stitute to S. 2796, which was developed from Florida (Mr. SHAW), the chairman by the chairman and ranking member The SPEAKER pro tempore. The gen- of the Florida delegation and the ex- of the Committee on Transportation tleman from Florida (Mr. GOSS) is rec- tremely capable man who has kept us and Infrastructure, shall be considered ognized for 1 hour. in an effective fighting team from as adopted. The substitute contains au- Mr. GOSS. Mr. Speaker, for the pur- Florida to bring attention to this. thorizations for important water re- pose of debate only, I yield the cus- The Clinton administration has also sources projects. It provides Army tomary 30 minutes to the distinguished done quite an excellent job here and de- Corps of Engineers policy and proce- gentleman from Texas (Mr. FROST) serves praise. I said this was a bipar- dure reforms and the first increment of pending which I yield myself such time tisan effort. Even so, I must say now the important comprehensive restora- as I may consume. During consider- that I have been somewhat disturbed at tion of the Everglades plan, which I ation of this resolution, all time yield- recent efforts to drag the Everglades know is of special importance to the ed is for the purpose of debate only. into presidential politics. It does not gentleman from Florida (Mr. GOSS). H. Res. 639 provides for consideration belong there. I hope Vice President The rule also provides for 1 hour of of S. 2796, better known as the Water GORE will reverse course and recognize general debate and for one motion to Resources Development Act of 2000. what all of us do, that the Everglades recommit with or without instructions. This closed rule waives all points of is far too important to be manipulated I should note, Mr. Speaker, this rule order against consideration of the bill. for short-term political gain. is not without controversy. The Com- It provides for 1 hour of debate equally Mr. Speaker, earlier this year, after mittee on Rules did not make in order divided and controlled by the chairman months of negotiations, the Senate several amendments offered by other and ranking member of the Committee crafted an initial authorization plan Members, including two offered by the on Transportation. embodied in their version of the WRDA gentleman from South Carolina (Mr. Further, the rule provides that the bill. The Senate’s plan was widely sup- SANFORD) and one by the gentleman amendment in the nature of a sub- ported by all stakeholders involved, from Wisconsin (Mr. KIND) and one by stitute printed in the CONGRESSIONAL quite a feat. the gentleman from Oregon (Mr. RECORD and numbered 2 shall be con- When the House began its work on its BLUMENAUER). While all of these sidered as adopted. The rule provides version of the WRDA bill, we were cau- amendments may be worthy of consid- for one motion to recommit with or tioned not to tamper with the delicate eration, I believe, given the late hour without instructions. balance of the Senate Everglades pro- of this Congress, these issues might Finally, the rule provides that, posal. While in the end, the Senate best be left to the next Congress so as should the Senate bill, as amended, Transportation Committee did make a to expedite the consideration of the pass the House, it then shall be in number of changes to the Senate bill, important projects contained in the order to move that the House insist on changes everyone enthusiastically sup- substitute. its amendment to S. 2796 and request a ports and acknowledges improve on the Mr. Speaker, I urge support for the conference with the Senate. Senate product. So I am extremely rule and the bill. I believe it is a very fair rule under grateful for the hard work and the very Mr. Speaker, I reserve the balance of the circumstances. responsible stewardship of the Ever- my time. Mr. Speaker, as we know, the clock glades authorization by the gentleman Mr. GOSS. Mr. Speaker, I am pleased on the 106th Congress is running out, from Pennsylvania (Chairman SHU- to yield 3 minutes to the distinguished and we do need to move quickly. In STER) and his Committee on Transpor- gentleman from Florida (Mr. FOLEY), view of the strong bipartisan support tation and Infrastructure. who has participated in every way in this bill enjoys and the constraints as- Mr. Speaker, the challenge we have this arrangement for a number of years sociated with the calendar, I believe always faced is to put together a res- and is, indeed, one of the leaders and this is a very sensible way to proceed toration plan that will get it right, champions of the Everglades.

VerDate 02-OCT-2000 00:55 Oct 20, 2000 Jkt 089060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K19OC7.003 pfrm01 PsN: H19PT1 October 19, 2000 CONGRESSIONAL RECORD — HOUSE H10291 Mr. FOLEY. Mr. Speaker, I appre- who have put aside partisanship at this actually hurting the environment. One ciate certainly the leadership of the rare and unique opportunity to join to- simple change that we tried to make in gentleman from Florida (Mr. GOSS), gether to commit the Federal Govern- order would require communities with serving our west coast and working so ment in a partnership with the State beaches to at least pay full costs for consistently on protecting our great government in restoring the Ever- any prospective Corps beach nourish- natural treasure and national treasure, glades to the pristine wilderness and ment project if there is no public ac- the Everglades. wonderment that it is and hope at the cess. Mr. Speaker, I rise today in strong end of the week that we will all, again, But the major reform of the Corps of support of this bipartisan legislation join together at the White House for Engineers is to be found on the floor of and urge all of my colleagues to sup- signature of this very, very important this Congress. We need to be more care- port it. The Everglades, as I just said, environmental restoration effort. ful of what we authorize, what we re- is a national treasure of benefit to the Again, I want to single out the gen- quire, and how all the complex pieces entire country, and I applaud the lead- tleman from Florida (Mr. SHAW), as of our waterways fit together. This bill ership for scheduling this important was mentioned by the gentleman from can help start the process. I support bill for consideration. Florida (Mr. GOSS). He, as chairman the rule and the underlying bill. The legislation before us today rep- from the delegation, has remained per- Mr. GOSS. Mr. Speaker, I yield such resents a historic partnership reached sistent, vigilant to see that this is ac- time as he may consume to the gen- between all stakeholders in this de- complished. tleman from Florida (Mr. SHAW), the bate. Agricultural interests, the ad- chairman of the Florida delegation; b 1015 ministration, utilities, environmental- and I would simply say that the gen- ists, the State of Florida, our Native Mr. FROST. Mr. Speaker, I yield 3 tleman from Florida (Mr. SHAW) has a American Indian tribes came together minutes to the gentleman from Oregon very long history of careful and per- in an unprecedented show of coopera- (Mr. BLUMENAUER). sistent work in dealing with all parties tion to work out the agreement before Mr. BLUMENAUER. Mr. Speaker, I interested in the Everglades, both as a us today. It truly represents a balanced appreciate the gentleman’s yielding me Florida resident, at the local govern- approach reached with equal input this time. While I am prepared to sup- ment level, as a businessman and inter- from all these stakeholders in the pub- port the rule and the underlying bill, I ested citizen, in every way, shape, and lic and one that we can all support. am disappointed that our proposed form. For people who care about the The Everglades ecosystem has been amendments were not ruled in order. Everglades, it would be useful for them in steady decline over the past 50 While more progress is possible on this to give thanks to the gentleman from years. In fact, back in the 1930s people bill, at this late date in this session it Florida (Mr. SHAW). ran for public office saying, if you elect may well be unrealistic, and there is, Mr. SHAW. Mr. Speaker, I thank the me governor, we will drain that swamp in fact, much to celebrate. gentleman for yielding me this time and make room for development. How The inclusion in the legislation of al- and for his kind remarks. wrong they were, and how right we are most $8 billion to save the Florida Ev- Mr. Speaker, this is an extraordinary to start anew to correct the problems. erglades is symbolic of our changing time, and I think this is an extraor- The population in south Florida has attitudes towards water resource man- dinary moment. We are in now what is grown rapidly, and with the growth agement. It is also important to re- sometimes called the ‘‘goofy season,’’ come problems of water supply, flood member that we are simply paying to the period of time when I think par- control, and species and habitat protec- undo our own bad decisions. This Con- tisan politics reaches its peak, and tion. This agreement will allow the gress told the Corps of Engineers to sometimes in not very constructive Army Corps to help provide for water drain the swamp in 1948, and drain it ways. But today is an extraordinary needs of this population while pro- they did, all too well, without com- day. And today we have bipartisan and tecting and preserving the needs of the prehensive planning and environmental true leadership on display here in the ecosystem. assessment of its impact. We must do House regarding this bill that we are Congress must pass this legislation what we can to make sure that we do able to consider, a Water Resources De- this year. The Senate has acted. It is not repeat those mistakes of the past. velopment Act containing historic pro- now our turn in the House to send this Akin to the Everglades, the Columbia visions to restore America’s Ever- bill speedily to the President for signa- Slough, in my district, was cut off from glades, which has always been referred ture. the Columbia River by a Corps project to as Florida’s Everglades, but it is The Water Resource Development decades ago and today it is stagnant America’s Everglades. We all recognize Acts of 1992 and 1996 gave the Army and heavily polluted. This legislation the importance of this legacy, not only Corps of Engineers the authority to re- directs the Corps to work with the City on the lands and water but for the peo- view the problems within the Ever- of Portland to fix the problems associ- ple who live in Florida and visit this glades and to recommend solutions ated with the old Corps project. I am national treasure, and we want to from which evolve the Comprehensive pleased that the bill incorporates my make sure that it is there for all future Everglades Restoration Plan, or CERP. proposal for $40 million in funding to generations. Those recommendations form the basis protect and restore the lower Columbia How we got to this point is what is so for this legislation and will incorporate River and Tillamook estuaries, critical remarkable, and it is the reason that a number of restoration projects al- nurseries for endangered salmon. we are bringing up a closed rule for de- ready under way. While there are some reform meas- bate as time grows short in the waning The legislation before us today calls ures included in the bill, I would hope days of this 106th Congress. Normally, for a series of water system improve- that we can continue going further. I the minority party abhors closed rules. ments over 30 years, the cost of which have enjoyed working with the gen- I know that, because I did in the 14 will be shared equally between the Fed- tleman from Wisconsin (Mr. KIND) on years that I served in the Republican eral Government and the State of Flor- legislation which would increase the minority. But today we have a bipar- ida. Corps’ transparency and accountability tisan agreement on a bill and a process We have today a great opportunity to that would guaranty more citizen par- that helps us streamline the consider- save a national treasure, protect the ticipation and lead to a better balance ation of this important landmark legis- environment, and ensure water quality between economic and environmental lation. and safety for the residents of Florida. considerations. This is an effort that I Another passion of mine, besides the I urge my colleagues to join together will continue to pursue. number of the intricacies of tax and in this historic opportunity and thank One particular area of Corps reform budget policy, has been the environ- the gentleman from Florida (Mr. that I think we in this body need to ment. In fact, I served on the Com- SHAW), thank former Governor Chiles, look at very carefully is the conten- mittee on Public Works earlier in my Governor Jeb Bush, Senator CONNIE tious beach nourishment program. In House career. I have authored several MACK, Senator BOB GRAHAM, and all too many cases, the program is wash- bills on the environment, but none the Members of the Florida delegation ing taxpayer dollars out to sea while makes me more proud to have my

VerDate 02-OCT-2000 00:55 Oct 20, 2000 Jkt 089060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K19OC7.005 pfrm01 PsN: H19PT1 H10292 CONGRESSIONAL RECORD — HOUSE October 19, 2000 name on it than the comprehensive Ev- talk about was the status of this bill bill. There will be an opportunity to erglades restoration bill. And working and where we are going. talk about the continuing resolution with my colleagues in the Florida dele- So we are seeing a rare moment in later. It is the normal routine business gation, such as the gentleman from the closing days of this Congress; both in the House. And we will be doing 1- Florida (Mr. GOSS) and I see the gentle- great political parties coming together minutes later in the day for matters of woman from Florida (Mrs. MEEK) on and doing the right thing. I urge pas- appropriate discussion under 1-minutes the other side of the aisle, who has sage of this resolution and passage of as well. been a great crusader for the Ever- the bill. Mr. FROST. Mr. Speaker, I have no glades, we have seen all of the Florida Mr. FROST. Mr. Speaker, I yield 2 further requests for time, and I yield delegation gather together in support minutes to the gentleman from Wash- back the balance of my time. of this landmark legislation. ington (Mr. MCDERMOTT). Mr. GOSS. Mr. Speaker, I have no But our work is not over. We have Mr. MCDERMOTT. Mr. Speaker, I further requests for time, I yield back little time left, but we have much left rise in support of this bill, but I think the balance of my time, and I move the to do. The tremendous effort that got that it is important for people to un- previous question on the resolution. us to this point of near unanimous con- derstand what is going on here. The previous question was ordered. sensus is threatened by the clock. We The leadership in the Republican The resolution was agreed to. must pass water resources development Party has got us in a slow dance here. A motion to reconsider was laid on legislation containing Everglades res- The gentleman from Texas (Mr. the table. toration today. We need time to work DELAY) has gone out and said that he Mr. SHUSTER. Mr. Speaker, pursu- out project differences with the Senate, does not intend to negotiate with the ant to the rule, I call up the Senate bill not only on the Everglades portion but President of the United States about (S. 2796) to provide for the conservation on other portions of this bill. education or anything else. So today, a and development of water and related In that regard, Mr. Speaker, I would little later, we will work on a con- resources, to authorize the Secretary like to compliment both of Florida’s tinuing resolution. This continuing of the Army to construct various Senators, Senator BOB GRAHAM and resolution takes us until next Wednes- projects for improvements to rivers Senator CONNIE MACK, as well as Sen- day. That is 13 days before the election. and harbors of the United States, and ator BOB SMITH, the chairman of the Now, we slowly waltz out of here with for other purposes, and ask for its committee, for the wonderful work Everglades in our arms and everybody unanimous consideration in the House. that they have done in bringing this goes home tonight sometime and goes The Clerk read the title of the Senate together; and I might also say the ad- to campaigning. And we will show up bill. ministration, which was extraor- next Wednesday, and we will have an- The SPEAKER pro tempore. Pursu- dinarily cooperative with all in struc- other continuing resolution for another ant to House Resolution 639, the Senate turing this bill. week so that we are here 6 days before bill is considered as having been read Organizations, from the environ- the election. for amendment. mental community, agricultural, busi- Because the leadership of the Repub- The text of S. 2796 is as follows: ness, Native American tribes, both the lican Party does not want to negotiate S. 2796 Miccosukee and the Seminoles, rec- with the President, these bills are Be it enacted by the Senate and House of Rep- reational users, the State, local and going to be vetoed. We are never going resentatives of the United States of America in Federal governments, all have had a to see the Health and Human Services Congress assembled, hand in crafting the Everglades legisla- budget out here because it has edu- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. tion. And the delicate balance achieved cation at the center of it and the Re- (a) SHORT TITLE.—This Act may be cited as in the other Chamber has been en- publican Party does not want to do the ‘‘Water Resources Development Act of hanced by the work done here in this anything about education. They do not 2000’’. House. I must compliment the gen- want to deal with the President be- (b) TABLE OF CONTENTS.—The table of con- tleman from Minnesota (Mr. OBERSTAR) cause they know his proposal is right, tents of this Act is as follows: and our chairman, the gentleman from and so we are softly being slow danced Sec. 1. Short title; table of contents. Pennsylvania (Mr. SHUSTER), for seeing out of here. Sec. 2. Definition of Secretary. that this comes through and that this Now, some people may like that. TITLE I—WATER RESOURCES PROJECTS is done. As we know, there were some They may think that they can go home Sec. 101. Project authorizations. differences early on; but they worked and, if they have got the Everglades in Sec. 102. Small shore protection projects. to get them straightened out and that their arms they can get reelected. They Sec. 103. Small navigation projects. has brought us to where we are today. can say, well, I did this. But if we do Sec. 104. Removal of snags and clearing and This bill is the product of constant not deal with issues like the balanced straightening of channels in navigable waters. and consistent hours of negotiation be- budget amendments give-backs, that Sec. 105. Small bank stabilization projects. tween the interested parties to reach a issue is still there. Our hospitals are Sec. 106. Small flood control projects. consensus on the key points of this leg- out there waiting to figure out what is Sec. 107. Small projects for improvement of islation. I am honored that those serv- going to happen. the quality of the environment. ing in the other Chamber allowed me The President has said the bill that Sec. 108. Beneficial uses of dredged material. this rare opportunity to be a part of is on the table is going to be vetoed be- Sec. 109. Small aquatic ecosystem restora- the crafting of their bill prior to my in- cause it is wrong and it is bad public tion projects. troducing the companion bill in this policy. But the Republican leadership Sec. 110. Flood mitigation and riverine res- toration. House, H.R. 5121. This helped us save does not care. If they did, they would Sec. 111. Disposal of dredged material on precious time in arriving at a compat- bring it out here, get the veto, then sit beaches. ible bill in the House and the Senate, down and start negotiating. But they TITLE II—GENERAL PROVISIONS and avoiding major divisions in the few do not want to do that. They want it as Sec. 201. Cooperation agreements with coun- remaining days of this session. Now the a campaign issue. The same is true ties. House must put this legislation to a with education. They want to wait and Sec. 202. Watershed and river basin assess- vote so that we can resolve the remain- sort of slow dance education out of ments. ing differences in the other parts of the here and then say that they would have Sec. 203. Tribal partnership program. WRDA bill that the Senate has already given us all this for education, but the Sec. 204. Ability to pay. passed. President would not do it. Sec. 205. Property protection program. I also want to recognize the tremen- So I would say that people today Sec. 206. National Recreation Reservation dous efforts of our previous governor, ought to vote ‘‘no’’ on the continuing Service. Governor Childs, and of course our ex- Sec. 207. Operation and maintenance of hy- resolution. droelectric facilities. isting governor, Jeb Bush, who has Mr. GOSS. Mr. Speaker, I yield my- Sec. 208. Interagency and international sup- been so active in bringing this about. I self such time as I may consume just to port. was with him in Fort Lauderdale yes- relieve any confusion there might be. Sec. 209. Reburial and conveyance author- terday, and that is all he wanted to This is actually the rule on the WRDA ity.

VerDate 02-OCT-2000 00:55 Oct 20, 2000 Jkt 089060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0655 E:\CR\FM\K19OC7.050 pfrm01 PsN: H19PT1 October 19, 2000 CONGRESSIONAL RECORD — HOUSE H10293 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

VerDate 02-OCT-2000 00:55 Oct 20, 2000 Jkt 089060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\A19OC7.004 pfrm01 PsN: H19PT1 H10294 CONGRESSIONAL RECORD — HOUSE October 19, 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.

VerDate 02-OCT-2000 00:55 Oct 20, 2000 Jkt 089060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\A19OC7.004 pfrm01 PsN: H19PT1 October 19, 2000 CONGRESSIONAL RECORD — HOUSE H10295

(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—

VerDate 02-OCT-2000 00:55 Oct 20, 2000 Jkt 089060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\A19OC7.004 pfrm01 PsN: H19PT1 H10296 CONGRESSIONAL RECORD — HOUSE October 19, 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-

VerDate 02-OCT-2000 00:55 Oct 20, 2000 Jkt 089060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\A19OC7.004 pfrm01 PsN: H19PT1 October 19, 2000 CONGRESSIONAL RECORD — HOUSE H10297 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—

VerDate 02-OCT-2000 00:55 Oct 20, 2000 Jkt 089060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\A19OC7.004 pfrm01 PsN: H19PT1 H10298 CONGRESSIONAL RECORD — HOUSE October 19, 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 amend- (c) DEFINITION.—In this Act, the term resentatives, and the Committee on Environ- ed— ‘‘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.

VerDate 02-OCT-2000 00:55 Oct 20, 2000 Jkt 089060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\A19OC7.004 pfrm01 PsN: H19PT1 October 19, 2000 CONGRESSIONAL RECORD — HOUSE H10299 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

VerDate 02-OCT-2000 00:55 Oct 20, 2000 Jkt 089060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\A19OC7.004 pfrm01 PsN: H19PT1 H10300 CONGRESSIONAL RECORD — HOUSE October 19, 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, in- termines that land or an interest in land ac- modified to redesignate as anchorage the cluding— 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 Sec- feet to a point N248,592.12, E667,903.28, thence 209 of the Flood Control Act of 1970 (42 U.S.C. retary— 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

VerDate 02-OCT-2000 00:55 Oct 20, 2000 Jkt 089060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\A19OC7.004 pfrm01 PsN: H19PT1 October 19, 2000 CONGRESSIONAL RECORD — HOUSE H10301

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

VerDate 02-OCT-2000 00:55 Oct 20, 2000 Jkt 089060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\A19OC7.004 pfrm01 PsN: H19PT1 H10302 CONGRESSIONAL RECORD — HOUSE October 19, 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

VerDate 02-OCT-2000 00:55 Oct 20, 2000 Jkt 089060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\A19OC7.004 pfrm01 PsN: H19PT1 October 19, 2000 CONGRESSIONAL RECORD — HOUSE H10303

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 amend- (B) APPOINTMENTS BY GOVERNOR OF NEW tion 501(a) of the Water Resources Develop- ed— 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.

VerDate 02-OCT-2000 00:55 Oct 20, 2000 Jkt 089060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\A19OC7.005 pfrm01 PsN: H19PT1 H10304 CONGRESSIONAL RECORD — HOUSE October 19, 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 in- Dam, shall continue to be a Federal responsi- Essex, Clinton, Franklin, Warren, and Wash- terest— 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

VerDate 02-OCT-2000 00:55 Oct 20, 2000 Jkt 089060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\A19OC7.005 pfrm01 PsN: H19PT1 October 19, 2000 CONGRESSIONAL RECORD — HOUSE H10305 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, includ- (A) IN GENERAL.—The non-Federal interest and Lake Ontario (including the St. Law- ing— 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.—

VerDate 02-OCT-2000 00:55 Oct 20, 2000 Jkt 089060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\A19OC7.005 pfrm01 PsN: H19PT1 H10306 CONGRESSIONAL RECORD — HOUSE October 19, 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 amend- and prioritizing the most critical problems (2) RESTORATION PLANS.— ed— 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.

VerDate 02-OCT-2000 00:55 Oct 20, 2000 Jkt 089060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\A19OC7.005 pfrm01 PsN: H19PT1 October 19, 2000 CONGRESSIONAL RECORD — HOUSE H10307

(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

VerDate 02-OCT-2000 00:55 Oct 20, 2000 Jkt 089060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\A19OC7.005 pfrm01 PsN: H19PT1 H10308 CONGRESSIONAL RECORD — HOUSE October 19, 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 amend- (b) FUNDING.—As soon as practicable after navigation channel of the Atchafalaya River ed— 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.

VerDate 02-OCT-2000 00:55 Oct 20, 2000 Jkt 089060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\A19OC7.005 pfrm01 PsN: H19PT1 October 19, 2000 CONGRESSIONAL RECORD — HOUSE H10309

(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

VerDate 02-OCT-2000 00:55 Oct 20, 2000 Jkt 089060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\A19OC7.005 pfrm01 PsN: H19PT1 H10310 CONGRESSIONAL RECORD — HOUSE October 19, 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.—

VerDate 02-OCT-2000 00:55 Oct 20, 2000 Jkt 089060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\A19OC7.005 pfrm01 PsN: H19PT1 October 19, 2000 CONGRESSIONAL RECORD — HOUSE H10311

‘‘(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

VerDate 02-OCT-2000 00:55 Oct 20, 2000 Jkt 089060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\A19OC7.005 pfrm01 PsN: H19PT1 H10312 CONGRESSIONAL RECORD — HOUSE October 19, 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;’’.

VerDate 02-OCT-2000 00:55 Oct 20, 2000 Jkt 089060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\A19OC7.005 pfrm01 PsN: H19PT1 October 19, 2000 CONGRESSIONAL RECORD — HOUSE H10313

(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

VerDate 02-OCT-2000 00:55 Oct 20, 2000 Jkt 089060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\A19OC7.005 pfrm01 PsN: H19PT1 H10314 CONGRESSIONAL RECORD — HOUSE October 19, 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

VerDate 02-OCT-2000 00:55 Oct 20, 2000 Jkt 089060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\A19OC7.005 pfrm01 PsN: H19PT1 October 19, 2000 CONGRESSIONAL RECORD — HOUSE H10315 to this section, for as long as the project is ments shall be made a part of the adminis- operation agreements in accordance with authorized. trative record and referenced in the final section 10 of the Plan. (2) AGREEMENT.— programmatic regulations. Any noncon- (ii) CONDITION.—The Secretary shall not (A) IN GENERAL.—In order to ensure that currency statement shall specifically detail execute a project cooperation agreement water generated by the Plan will be made the reason or reasons for the nonconcur- until any reservation or allocation of water available for the restoration of the natural rence. for the natural system identified in the system, no appropriations, except for any (C) CONTENT OF REGULATIONS.—Pro- project implementation report is executed pilot project described in subsection grammatic regulations promulgated under under State law. (b)(2)(B), shall be made for the construction this paragraph shall establish a process— (C) OPERATING MANUALS.— of a project contained in the Plan until the (i) for the development of project imple- (i) IN GENERAL.—The Secretary and the President and the Governor enter into a mentation reports, project cooperation non-Federal sponsor shall develop and issue, binding agreement under which the State agreements, and operating manuals that en- for each project or group of projects, an oper- shall ensure, by regulation or other appro- sure that the goals and objectives of the ating manual that is consistent with the priate means, that water made available by Plan are achieved; water reservation or allocation for the nat- each project in the Plan shall not be per- (ii) to ensure that new information result- ural system described in the project imple- mitted for a consumptive use or otherwise ing from changed or unforeseen cir- mentation report and the project coopera- made unavailable by the State until such cumstances, new scientific or technical in- tion agreement for the project or group of time as sufficient reservations of water for formation or information that is developed projects. the restoration of the natural system are through the principles of adaptive manage- (ii) MODIFICATIONS.—Any significant modi- made under State law in accordance with the ment contained in the Plan, or future au- fication by the Secretary and the non-Fed- project implementation report for that thorized changes to the Plan are integrated eral sponsor to an operating manual after project and consistent with the Plan. into the implementation of the Plan; and the operating manual is issued shall only be (B) ENFORCEMENT.— (iii) to ensure the protection of the natural carried out subject to notice and opportunity (i) IN GENERAL.—Any person or entity that system consistent with the goals and pur- for public comment. is aggrieved by a failure of the United States poses of the Plan, including the establish- (5) SAVINGS CLAUSE.— or any other Federal Government instrumen- ment of interim goals to provide a means by (A) NO ELIMINATION OR TRANSFER.—Until a tality or agency, or the Governor or any which the restoration success of the Plan new source of water supply of comparable other officer of a State instrumentality or may be evaluated throughout the implemen- quantity and quality as that available on the agency, to comply with any provision of the tation process. date of enactment of this Act is available to agreement entered into under subparagraph (D) SCHEDULE AND TRANSITION RULE.— replace the water to be lost as a result of im- (A) may bring a civil action in United States (i) IN GENERAL.—All project implementa- plementation of the Plan, the Secretary and district court for an injunction directing the tion reports approved before the date of pro- the non-Federal sponsor shall not eliminate United States or any other Federal Govern- mulgation of the programmatic regulations or transfer existing legal sources of water, ment instrumentality or agency or the Gov- shall be consistent with the Plan. including those for— ernor or any other officer of a State instru- (ii) PREAMBLE.—The preamble of the pro- (i) an agricultural or urban water supply; mentality or agency, as the case may be, to grammatic regulations shall include a state- (ii) allocation or entitlement to the Semi- comply with the agreement. ment concerning the consistency with the nole Indian Tribe of Florida under section 7 (ii) LIMITATIONS ON COMMENCEMENT OF CIVIL programmatic regulations of any project im- of the Seminole Indian Land Claims Settle- ACTION.—No civil action may be commenced plementation reports that were approved be- ment Act of 1987 (25 U.S.C. 1772e); under clause (i)— fore the date of promulgation of the regula- (iii) the Miccosukee Tribe of Indians of (I) before the date that is 60 days after the tions. Florida; Secretary receives written notice of a failure (E) REVIEW OF PROGRAMMATIC REGULA- (iv) water supply for Everglades National to comply with the agreement; or TIONS.—Whenever necessary to attain Plan Park; or (II) if the United States has commenced goals and purposes, but not less often than (v) water supply for fish and wildlife. and is diligently prosecuting an action in a every 5 years, the Secretary, in accordance (B) MAINTENANCE OF FLOOD PROTECTION.— court of the United States or a State to re- with subparagraph (A), shall review the pro- dress a failure to comply with the agree- grammatic regulations promulgated under Implementation of the Plan shall not reduce ment. this paragraph. levels of service for flood protection that are— (C) TRUST RESPONSIBILITIES.—In carrying (4) PROJECT-SPECIFIC ASSURANCES.— (i) in existence on the date of enactment of out his responsibilities under this subsection (A) PROJECT IMPLEMENTATION REPORTS.— this Act; and with respect to the restoration of the South (i) IN GENERAL.—The Secretary and the Florida ecosystem, the Secretary of the Inte- non-Federal sponsor shall develop project (ii) in accordance with applicable law. rior shall fulfill his obligations to the Indian implementation reports in accordance with (C) NO EFFECT ON TRIBAL COMPACT.—Noth- tribes in South Florida under the Indian section 10.3.1 of the Plan. ing in this section amends, alters, prevents, Trust Doctrine as well as other applicable (ii) COORDINATION.—In developing a project or otherwise abrogates rights of the Semi- legal obligations. implementation report, the Secretary and nole Indian Tribe of Florida under the com- (3) PROGRAMMATIC REGULATIONS.— the non-Federal sponsor shall coordinate pact among the Seminole Tribe of Florida, (A) ISSUANCE.—Not later than 2 years after with appropriate Federal, State, tribal, and the State, and the South Florida Water Man- the date of enactment of this Act, the Sec- local governments. agement District, defining the scope and use retary shall, after notice and opportunity for (iii) REQUIREMENTS.—A project implemen- of water rights of the Seminole Tribe of public comment— tation report shall— Florida, as codified by section 7 of the Semi- (i) with the concurrence of— (I) be consistent with the Plan and the pro- nole Indian Land Claims Settlement Act of (I) the Governor; and grammatic regulations promulgated under 1987 (25 U.S.C. 1772e). (II) the Secretary of the Interior; and paragraph (3); (i) DISPUTE RESOLUTION.— (ii) in consultation with— (II) describe how each of the requirements (1) IN GENERAL.—The Secretary and the (I) the Seminole Tribe of Florida; stated in paragraph (3)(B) is satisfied; Governor shall within 180 days from the date (II) the Miccosukee Tribe of Indians of (III) comply with the National Environ- of enactment of this Act develop an agree- Florida; mental Policy Act of 1969 (42 U.S.C. 4321 et ment for resolving disputes between the (III) the Administrator of the Environ- seq.); Corps of Engineers and the State associated mental Protection Agency; (IV) identify the appropriate quantity, with the implementation of the Plan. Such (IV) the Secretary of Commerce; and timing, and distribution of water dedicated agreement shall establish a mechanism for (V) other Federal, State, and local agen- and managed for the natural system; the timely and efficient resolution of dis- cies; (V) identify the amount of water to be re- putes, including— promulgate programmatic regulations to en- served or allocated for the natural system (A) a preference for the resolution of dis- sure that the goals and purposes of the Plan necessary to implement, under State law, putes between the Jacksonville District of are achieved. subclauses (IV) and (VI); the Corps of Engineers and the South Florida (B) CONCURRENCY STATEMENT.—The Sec- (VI) comply with applicable water quality Water Management District; retary of the Interior and the Governor standards and applicable water quality per- (B) a mechanism for the Jacksonville Dis- shall, not later than 180 days from the end of mitting requirements under subsection trict of the Corps of Engineers or the South the public comment period on proposed pro- (b)(2)(A)(ii); Florida Water Management District to ini- grammatic regulations, provide the Sec- (VII) be based on the best available tiate the dispute resolution process for unre- retary with a written statement of concur- science; and solved issues; rence or nonconcurrence. A failure to pro- (VIII) include an analysis concerning the (C) the establishment of appropriate time- vide a written statement of concurrence or cost-effectiveness and engineering feasibility frames and intermediate steps for the ele- nonconcurrence within such time frame will of the project. vation of disputes to the Governor and the be deemed as meeting the concurrency re- (B) PROJECT COOPERATION AGREEMENTS.— Secretary; and quirements of subparagraph (A)(i). A copy of (i) IN GENERAL.—The Secretary and the (D) a mechanism for the final resolution of any concurrency or nonconcurrency state- non-Federal sponsor shall execute project co- disputes, within 180 days from the date that

VerDate 02-OCT-2000 00:55 Oct 20, 2000 Jkt 089060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\A19OC7.006 pfrm01 PsN: H19PT1 H10316 CONGRESSIONAL RECORD — HOUSE October 19, 2000 the dispute resolution process is initiated (2) progress toward interim goals estab- (1) the Missouri River is— under subparagraph (B). lished in accordance with subsection (A) an invaluable economic, environ- (2) CONDITION FOR REPORT APPROVAL.—The (h)(3)(B); and mental, recreational, and cultural resource Secretary shall not approve a project imple- (3) a review of the activities performed by to the people of the United States; and mentation report under this section until the Secretary under subsection (k) as they (B) a critical source of water for drinking the agreement established under this sub- relate to socially and economically dis- and irrigation; section has been executed. advantaged individuals and individuals with (2) millions of people fish, hunt, and camp (3) NO EFFECT ON LAW.—Nothing in the limited English proficiency. along the Missouri River each year; agreement established under this subsection (m) SEVERABILITY.—If any provision or (3) thousands of sites of spiritual impor- shall alter or amend any existing Federal or remedy provided by this section is found to tance to Native Americans line the shores of State law, or the responsibility of any party be unconstitutional or unenforceable by any the Missouri River; to the agreement to comply with any Fed- court of competent jurisdiction, any remain- (4) the Missouri River provides critical eral or State law. ing provisions in this section shall remain wildlife habitat for threatened and endan- valid and enforceable. gered species; (j) INDEPENDENT SCIENTIFIC REVIEW.— SEC. 602. SENSE OF THE SENATE CONCERNING (5) in 1944, Congress approved the Pick- (1) IN GENERAL.—The Secretary, the Sec- HOMESTEAD AIR FORCE BASE. Sloan program— retary of the Interior, and the Governor, in (a) IN GENERAL.—(1) The Everglades is an (A) to promote the general economic devel- consultation with the South Florida Eco- American treasure and includes uniquely-im- opment of the United States; system Restoration Task Force, shall estab- portant and diverse wildlife resources and (B) to provide for irrigation above Sioux lish an independent scientific review panel recreational opportunities; City, Iowa; convened by a body, such as the National (2) the preservation of the pristine and nat- (C) to protect urban and rural areas from Academy of Sciences, to review the Plan’s ural character of the South Florida eco- devastating floods of the Missouri River; and progress toward achieving the natural sys- system is critical to the regional economy; (D) for other purposes; tem restoration goals of the Plan. (3) as this legislation demonstrates, the (6) the Garrison Dam was constructed on (2) REPORT.—The panel described in para- Senate believes it to be a vital national mis- the Missouri River in North Dakota and the graph (1) shall produce a biennial report to sion to restore and preserve this ecosystem Oahe Dam was constructed in South Dakota Congress, the Secretary, the Secretary of the and accordingly is authorizing a significant under the Pick-Sloan program; Interior, and the Governor that includes an Federal investment to do so; (7) the dams referred to in paragraph (6)— assessment of ecological indicators and (4) the Senate seeks to have the remaining (A) generate low-cost electricity for mil- other measures of progress in restoring the property at the former Homestead Air Base lions of people in the United States; ecology of the natural system, based on the conveyed and reused as expeditiously as pos- (B) provide revenue to the Treasury; and Plan. sible, and several options for base reuse are (C) provide flood control that has pre- being considered, including as a commercial (k) OUTREACH AND ASSISTANCE.— vented billions of dollars of damage; airport; and (8) the Garrison and Oahe Dams have re- (1) SMALL BUSINESS CONCERNS OWNED AND (5) the Senate is aware that the Homestead duced the ability of the Missouri River to OPERATED BY SOCIALLY AND ECONOMICALLY site is located in a sensitive environmental carry sediment downstream, resulting in the DISADVANTAGED INDIVIDUALS.—In executing location, and that Biscayne National Park is accumulation of sediment in the reservoirs the Plan, the Secretary shall ensure that only approximately 1.5 miles to the east, Ev- known as Lake Sakakawea and Lake Oahe; small business concerns owned and con- erglades National Park approximately 8 (9) the sediment depositions— trolled by socially and economically dis- miles to the west, and the Florida Keys Na- (A) cause shoreline flooding; advantaged individuals are provided opportu- tional Marine Sanctuary approximately 10 (B) destroy wildlife habitat; nities to participate under section 15(g) of miles to the south. (C) limit recreational opportunities; the Small Business Act (15 U.S.C. 644(g)). (b) SENSE OF THE SENATE.—It is the sense (D) threaten the long-term ability of dams (2) COMMUNITY OUTREACH AND EDUCATION.— of the Senate that— to provide hydropower and flood control (A) IN GENERAL.—The Secretary shall en- (1) development at the Homestead site under the Pick-Sloan program; sure that impacts on socially and economi- could potentially cause significant air, (E) reduce water quality; and cally disadvantaged individuals, including water, and noise pollution and result in the (F) threaten intakes for drinking water individuals with limited English proficiency, degradation of adjacent national parks and and irrigation; and and communities are considered during im- other protected Federal resources; (10) to meet the objectives established by plementation of the Plan, and that such indi- (2) in their decisionmaking, the Federal Congress for the Pick-Sloan program, it is viduals have opportunities to review and agencies charged with determining the reuse necessary to establish a Missouri River Res- comment on its implementation. of the remaining property at the Homestead toration Program— (B) PROVISION OF OPPORTUNITIES.—The Sec- base should carefully consider and weigh all (A) to improve conservation; retary shall ensure, to the maximum extent available information concerning potential (B) to reduce the deposition of sediment; practicable, that public outreach and edu- environmental impacts of various reuse op- and cational opportunities are provided, during tions; (C) to take other steps necessary for proper implementation of the Plan, to the individ- (3) the redevelopment of the former base management of the Missouri River. uals of South Florida, including individuals should be consistent with restoration goals, (b) PURPOSES.—The purposes of this title with limited English proficiency, and in par- provide desirable numbers of jobs and eco- are— ticular for socially and economically dis- nomic redevelopment for the community, (1) to reduce the siltation of the Missouri advantaged communities. and be consistent with other applicable laws; River in the State of North Dakota; (l) REPORT TO CONGRESS.—Beginning on Oc- (4) consistent with applicable laws, the (2) to meet the objectives of the Pick- tober 1, 2005, and periodically thereafter Secretary of the Air Force should proceed as Sloan program by developing and imple- until October 1, 2036, the Secretary and the quickly as practicable to issue a final SEIS menting a long-term strategy— Secretary of the Interior, in consultation and Record of Decision so that reuse of the (A) to improve conservation in the Mis- with the Environmental Protection Agency, former air base can proceed expeditiously; souri River watershed; the Department of Commerce, and the State (5) following conveyance of the remaining (B) to protect recreation on the Missouri of Florida, shall jointly submit to Congress a surplus property, the Secretary, as part of River from sedimentation; report on the implementation of the Plan. his oversight for Everglades restoration, (C) to improve water quality in the Mis- Such reports shall be completed not less should cooperate with the entities to which souri River; often than every 5 years. Such reports shall the various parcels of surplus property were (D) to improve erosion control along the include a description of planning, design, and conveyed so that the planned use of those Missouri River; and construction work completed, the amount of properties is implemented in such a manner (E) to protect Indian and non-Indian his- funds expended during the period covered by as to remain consistent with the goals of the torical and cultural sites along the Missouri the report (including a detailed analysis of Everglades restoration plan; and 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

VerDate 02-OCT-2000 00:55 Oct 20, 2000 Jkt 089060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\A19OC7.006 pfrm01 PsN: H19PT1 October 19, 2000 CONGRESSIONAL RECORD — HOUSE H10317

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, includ- (c) DUTIES.—The Task Force shall— (A) section 221 of the Flood Control Act of ing— (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

VerDate 02-OCT-2000 00:55 Oct 20, 2000 Jkt 089060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\A19OC7.006 pfrm01 PsN: H19PT1 H10318 CONGRESSIONAL RECORD — HOUSE October 19, 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, includ- (1) determine whether any small parcel of (2) CONSTRUCTION.—The Secretary— ing— 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

VerDate 02-OCT-2000 00:55 Oct 20, 2000 Jkt 089060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\A19OC7.006 pfrm01 PsN: H19PT1 October 19, 2000 CONGRESSIONAL RECORD — HOUSE H10319 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

VerDate 02-OCT-2000 00:55 Oct 20, 2000 Jkt 089060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\A19OC7.006 pfrm01 PsN: H19PT1 H10320 CONGRESSIONAL RECORD — HOUSE October 19, 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

VerDate 02-OCT-2000 00:55 Oct 20, 2000 Jkt 089060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\A19OC7.006 pfrm01 PsN: H19PT1 October 19, 2000 CONGRESSIONAL RECORD — HOUSE H10321 other Federal agency under a law in effect on Sec. 202. Harbor cost sharing. Sec. 333. Times Beach nature preserve, Buf- the date of enactment of this Act, includ- Sec. 203. Nonprofit entities. falo, New York. ing— Sec. 204. Rehabilitation of Federal flood Sec. 334. Garrison Dam, North Dakota. (A) the National Historic Preservation Act control levees. Sec. 335. Duck Creek, Ohio. (16 U.S.C. 470 et seq.); Sec. 205. Flood mitigation and riverine res- Sec. 336. Astoria, Columbia River, Oregon. (B) the Archaeological Resources Protec- toration program. Sec. 337. Nonconnah Creek, Tennessee and tion Act of 1979 (16 U.S.C. 470aa et seq.); Sec. 206. Tribal partnership program. Mississippi. (C) the Fish and Wildlife Coordination Act Sec. 207. Native American reburial and Sec. 338. Bowie County levee, Texas. (16 U.S.C. 661 et seq.); transfer authority. Sec. 339. San Antonio Channel, San Antonio, (D) the Act entitled ‘‘An Act for the pro- Sec. 208. Ability to pay. Texas. tection of the bald eagle’’, approved June 8, Sec. 209. Interagency and international sup- Sec. 340. Buchanan and Dickenson Counties, 1940 (16 U.S.C. 668 et seq.); port authority. Virginia. (E) the Migratory Bird Treaty Act (16 Sec. 210. Property protection program. Sec. 341. Buchanan, Dickenson, and Russell U.S.C. 703 et seq.); Sec. 211. Engineering consulting services. Counties, Virginia. (F) the Endangered Species Act of 1973 (16 Sec. 212. Beach recreation. Sec. 342. Sandbridge Beach, Virginia Beach, U.S.C. 1531 et seq.); Sec. 213. Performance of specialized or tech- Virginia. (G) the Native American Graves Protection nical services. Sec. 343. Wallops Island, Virginia. and Repatriation Act (25 U.S.C. 3001 et seq.); Sec. 214. Design-build contracting. Sec. 344. Columbia River, Washington. (H) the Federal Water Pollution Control Sec. 215. Independent review pilot program. Sec. 345. Mount St. Helens sediment control, Act (33 U.S.C. 1251 et seq.); Sec. 216. Enhanced public participation. Washington. (I) the Safe Drinking Water Act (42 U.S.C. Sec. 217. Monitoring. Sec. 346. Renton, Washington. 300f et seq.); and Sec. 218. Reconnaissance studies. Sec. 347. Greenbrier Basin, West Virginia. (J) the National Environmental Policy Act Sec. 219. Fish and wildlife mitigation. Sec. 348. Lower Mud River, Milton, West of 1969 (42 U.S.C. 4321 et seq.). Sec. 220. Wetlands mitigation. Virginia. (b) FEDERAL LIABILITY FOR DAMAGE.—Noth- Sec. 221. Credit toward non-Federal share of Sec. 349. Water quality projects. ing in this title relieves the Federal Govern- navigation projects. Sec. 350. Project reauthorizations. ment of liability for damage to private prop- Sec. 222. Maximum program expenditures Sec. 351. Continuation of project authoriza- erty caused by the operation of the Pick- for small flood control projects. tions. Sloan program. Sec. 223. Feasibility studies and planning, Sec. 352. Declaration of nonnavigability for (c) FLOOD CONTROL.—Notwithstanding any engineering, and design. Lake Erie, New York. other provision of this title, the Secretary Sec. 224. Administrative costs of land con- Sec. 353. Project deauthorizations. shall retain the authority to operate the veyances. Sec. 354. Wyoming Valley, Pennsylvania. Pick-Sloan program for the purposes of Sec. 225. Dam safety. Sec. 355. Rehoboth Beach and Dewey Beach, Delaware. meeting the requirements of the Act of De- TITLE III—PROJECT-RELATED cember 22, 1944 (58 Stat. 887, chapter 665; 33 PROVISIONS TITLE IV—STUDIES U.S.C. 701–1 et seq.). Sec. 301. Nogales Wash and Tributaries, Sec. 401. Studies of completed projects. (d) USE OF FUNDS.—Funds transferred to Nogales, Arizona. Sec. 402. Watershed and river basin assess- the Trust may be used to pay the non-Fed- ments. eral share required under Federal programs. Sec. 302. John Paul Hammerschmidt Visitor Center, Fort Smith, Arkansas. Sec. 403. Lower Mississippi River resource SEC. 907. AUTHORIZATION OF APPROPRIATIONS. Sec. 303. Greers Ferry Lake, Arkansas. assessment. (a) INITIAL FUNDING.—There is authorized Sec. 304. Ten- and Fifteen-Mile Bayous, Ar- Sec. 404. Upper Mississippi River basin sedi- to be appropriated to the Secretary to carry kansas. ment and nutrient study. out this title $4,000,000 for each of fiscal Sec. 405. Upper Mississippi River com- Sec. 305. Cache Creek basin, California. years 2001 through 2010, to remain available prehensive plan. Sec. 306. Larkspur Ferry Channel, Larkspur, until expended. Sec. 406. Ohio River System. California. (b) EXISTING PROGRAMS.—The Secretary Sec. 407. Eastern Arkansas. Sec. 307. Norco Bluffs, Riverside County, shall fund programs authorized under the Sec. 408. Russell, Arkansas. California. Pick-Sloan program in existence on the date Sec. 409. Estudillo Canal, San Leandro, Cali- Sec. 308. Sacramento deep water ship chan- of enactment of this Act at levels that are fornia. not less than funding levels for those pro- nel, California. Sec. 410. Laguna Creek, Fremont, Cali- grams as of that date. Sec. 309. Sacramento River, Glenn-Colusa, fornia. California. Sec. 411. Lake Merritt, Oakland, California. The SPEAKER pro tempore. The Sec. 310. Upper Guadalupe River, California. amendment printed in the CONGRES- Sec. 412. Lancaster, California. Sec. 311. Brevard County, Florida. Sec. 413. Napa County, California. SIONAL RECORD and numbered 2 is con- Sec. 312. Fernandina Harbor, Florida. Sec. 414. Oceanside, California. sidered adopted. Sec. 313. Tampa Harbor, Florida. Sec. 415. Suisun Marsh, California. The text of S. 2796, as amended pur- Sec. 314. East Saint Louis and vicinity, Illi- Sec. 416. Lake Allatoona Watershed, Geor- suant to House Resolution 639, is as fol- nois. gia. lows: Sec. 315. Kaskaskia River, Kaskaskia, Illi- Sec. 417. Chicago River, Chicago, Illinois. Strike all after the enacting clause and in- nois. Sec. 418. Chicago sanitary and ship canal sert the following: Sec. 316. Waukegan Harbor, Illinois. system, Chicago, Illinois. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Sec. 317. Cumberland, Kentucky. Sec. 419. Long Lake, Indiana. (a) SHORT TITLE.—This Act may be cited as Sec. 318. Lock and Dam 10, Kentucky River, Sec. 420. Brush and Rock Creeks, Mission the ‘‘Water Resources Development Act of Kentucky. Hills and Fairway, Kansas. 2000’’. Sec. 319. Saint Joseph River, South Bend, Sec. 421. Coastal areas of Louisiana. (b) TABLE OF CONTENTS.— Indiana. Sec. 422. Iberia Port, Louisiana. Sec. 1. Short title; table of contents. Sec. 320. Mayfield Creek and tributaries, Sec. 423. Lake Pontchartrain seawall, Lou- Sec. 2. Definition of Secretary. Kentucky. isiana. TITLE I—WATER RESOURCES PROJECTS Sec. 321. Amite River and tributaries, East Sec. 424. Lower Atchafalaya basin, Lou- Baton Rouge Parish, Louisiana. Sec. 101. Project authorization. isiana. Sec. 102. Small projects for flood damage re- Sec. 322. Atchafalaya Basin Floodway Sys- Sec. 425. St. John the Baptist Parish, Lou- duction. tem, Louisiana. isiana. Sec. 103. Small project for bank stabiliza- Sec. 323. Atchafalaya River, Bayous Chene, Sec. 426. Las Vegas Valley, Nevada. tion. Boeuf, and Black Louisiana. Sec. 427. Southwest Valley, Albuquerque, Sec. 104. Small projects for navigation. Sec. 324. Red River Waterway, Louisiana. New Mexico. Sec. 105. Small project for improvement of Sec. 325. Thomaston Harbor, Georges River, Sec. 428. Buffalo Harbor, Buffalo, New York. the quality of the environment. Maine. Sec. 429. Hudson River, Manhattan, New Sec. 106. Small projects for aquatic eco- Sec. 326. Breckenridge, Minnesota. York. system restoration. Sec. 327. Duluth Harbor, Minnesota. Sec. 430. Jamesville Reservoir, Onondaga Sec. 107. Small project for shoreline protec- Sec. 328. Little Falls, Minnesota. County, New York. tion. Sec. 329. Poplar Island, Maryland. Sec. 431. Steubenviille, Ohio. Sec. 108. Small project for snagging and Sec. 330. Green Brook Sub-Basin, Raritan Sec. 432. Grand Lake, Oklahoma. sediment removal. River basin, New Jersey. Sec. 433. Columbia Slough, Oregon. Sec. 109. Petaluma River, Petaluma, Cali- Sec. 331. New York Harbor and adjacent Sec. 434. Reedy River, Greenville, South fornia. channels, Port Jersey, New Jer- Carolina. TITLE II—GENERAL PROVISIONS sey. Sec. 435. Germantown, Tennessee. Sec. 201. Cost sharing of certain flood dam- Sec. 332. Passaic River basin flood manage- Sec. 436. Houston ship channel, Galveston, age reduction projects. ment, New Jersey. Texas.

VerDate 02-OCT-2000 00:55 Oct 20, 2000 Jkt 089060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0655 E:\CR\FM\A19OC7.006 pfrm01 PsN: H19PT1 H10322 CONGRESSIONAL RECORD — HOUSE October 19, 2000 Sec. 437. Park City, Utah. Sec. 554. Upper Susquehanna River basin, Little Egg Inlet, New Jersey: Report of the Sec. 438. Milwaukee, Wisconsin. Pennsylvania and New York. Chief of Engineers dated July 26, 2000, at a Sec. 439. Upper Des Plaines River and tribu- Sec. 555. Chickamauga Lock, Chattanooga, total cost of $51,203,000, with an estimated taries, Illinois and Wisconsin. Tennessee. Federal cost of $33,282,000 and an estimated Sec. 440. Delaware River watershed. Sec. 556. Joe Pool Lake, Texas. non-Federal cost of $17,921,000. TITLE V—MISCELLANEOUS PROVISIONS Sec. 557. Benson Beach, Fort Canby State (2) PORT OF NEW YORK AND NEW JERSEY, NEW Sec. 501. Bridgeport, Alabama. Park, Washington. YORK AND NEW JERSEY.— Sec. 502. Duck River, Cullman, Alabama. Sec. 558. Puget Sound and adjacent waters (A) IN GENERAL.—The project for naviga- Sec. 503. Seward, Alaska. restoration, Washington. tion, Port of New York and New Jersey, New Sec. 504. Augusta and Devalls Bluff, Arkan- Sec. 559. Shoalwater Bay Indian Tribe, York and New Jersey: Report of the Chief of sas. Willapa Bay, Washington. Engineers dated May 2, 2000, at a total cost Sec. 505. Beaver Lake, Arkansas. Sec. 560. Wynoochee Lake, Wynoochee of $1,781,235,000, with an estimated Federal Sec. 506. McClellan-Kerr Arkansas River River, Washington. cost of $738,631,000 and an estimated non-Fed- navigation system, Arkansas Sec. 561. Snohomish River, Washington. eral cost of $1,042,604,000. and Oklahoma. Sec. 562. Bluestone, West Virginia. (B) CREDIT.—The Secretary may provide Sec. 507. Calfed Bay Delta program assist- Sec. 563. Lesage/Greenbottom Swamp, West the non-Federal interests credit toward cash ance, California. Virginia. contributions required— Sec. 508. Clear Lake basin, California. Sec. 564. Tug Fork River, West Virginia. (i) before, during, and after construction Sec. 509. Contra Costa Canal, Oakley and Sec. 565. Virginia Point Riverfront Park, for planning, engineering and design, and Knightsen, California. West Virginia. construction management work that is per- Sec. 510. Huntington Beach, California. Sec. 566. Southern West Virginia. formed by the non-Federal interests and that Sec. 511. Mallard Slough, Pittsburg, Cali- Sec. 567. Fox River system, Wisconsin. the Secretary determines is necessary to im- fornia. Sec. 568. Surfside/Sunset and Newport plement the project; and Sec. 512. Penn Mine, Calaveras County, Cali- Beach, California. (ii) during and after construction for the fornia. Sec. 569. Illinois River basin restoration. costs of the construction that the non-Fed- Sec. 513. Port of San Francisco, California. Sec. 570. Great Lakes. eral interests carry out on behalf of the Sec- Sec. 514. San Gabriel basin, California. Sec. 571. Great Lakes remedial action plans retary and that the Secretary determines is Sec. 515. Stockton, California. and sediment remediation. necessary to implement the project. Sec. 572. Great Lakes dredging levels adjust- Sec. 516. Port Everglades, Florida. (b) PROJECTS SUBJECT TO FINAL REPORT.— ment. Sec. 517. Florida Keys water quality im- The following projects for water resources Sec. 573. Dredged material recyling. provements. development and conservation and other pur- Sec. 574. Watershed management, restora- Sec. 518. Ballard’s Island, La Salle County, poses are authorized to be carried out by the tion, and development. Illinois. Secretary substantially in accordance with Sec. 575. Maintenance of navigation chan- Sec. 519. Lake Michigan Diversion, Illinois. the plans, and subject the conditions, rec- nels. Sec. 520. Koontz Lake, Indiana. ommended in a final report of the Chief of Sec. 576. Support of Army civil works pro- Sec. 521. Campbellsville Lake, Kentucky. Engineers if a favorable report of the Chief is gram. Sec. 522. West View Shores, Cecil County, completed not later than December 31, 2000: Maryland. Sec. 577. National recreation reservation (1) FALSE PASS HARBOR, ALASKA.—The service. Sec. 523. Conservation of fish and wildlife, project for navigation, False Pass Harbor, Chesapeake Bay, Maryland and Sec. 578. Hydrographic survey. Sec. 579. Lakes program. Alaska, at a total cost of $15,164,000, with an Virginia. estimated Federal cost of $8,238,000 and an Sec. 524. Muddy River, Brookline and Bos- Sec. 580. Perchlorate. estimated non-Federal cost of $6,926,000. ton, Massachusetts. Sec. 581. Abandoned and inactive noncoal (2) UNALASKA HARBOR, ALASKA.—The Sec. 525. Soo Locks, Sault Ste. Marie, mine restoration. project for navigation, Unalska Harbor, Michigan. Sec. 582. Release of use restriction. Alaska, at a total cost of $20,000,000, with an Sec. 526. Duluth, Minnesota, alternative Sec. 583. Comprehensive environmental re- estimated Federal cost of $12,000,000 and an technology project. sources protection. estimated non-Federal cost of $8,000,000. Sec. 527. Minneapolis, Minnesota. Sec. 584. Modification of authorizations for (3) RIO DE FLAG, FLAGSTAFF, ARIZONA.—The Sec. 528. St. Louis County, Minnesota. environmental projects. Sec. 529. Wild Rice River, Minnesota. Sec. 585. Land transfers. project for flood damage reduction, Rio de Sec. 530. Coastal Mississippi wetlands res- Sec. 586. Bruce F. Vento Unit of the Bound- Flag, Flagstaff, Arizona, at a total cost of toration projects. ary Waters Canoe Area Wilder- $24,072,000, with an estimated Federal cost of Sec. 531. Missouri River Valley improve- ness, Minnesota. $15,576,000 and an estimated non-Federal cost ments. Sec. 587. Waurika Lake, Oklahoma. of $8,496,000. Sec. 532. New Madrid County, Missouri. Sec. 588. Columbia River Treaty fishing ac- (4) TRES RIOS, ARIZONA.—The project eco- Sec. 533. Pemiscot County, Missouri. cess. system restoration, Tres Rios, Arizona, at a Sec. 534. Las Vegas, Nevada. Sec. 589. Devils Lake, North Dakota. total cost of $99,320,000, with an estimated Federal cost of $62,755,000 and an estimated Sec. 535. Newark, New Jersey. TITLE VI—COMPREHENSIVE non-Federal cost of $36,565,000. Sec. 536. Urbanized peak flood management EVERGLADES RESTORATION research, New Jersey. (5) LOS ANGELES HARBOR, CALIFORNIA.—The Sec. 601. Comprehensive Everglades restora- Sec. 537. Black Rock Canal, Buffalo, New project for navigation, Los Angeles Harbor, tion plan. York. California, at a total cost of $153,313,000, with Sec. 538. Hamburg, New York. Sec. 602. Sense of Congress concerning an estimated Federal cost of $43,735,000 and Sec. 539. Nepperhan River, Yonkers, New Homestead Air Force Base. an estimated non-Federal cost of $109,578,000. York. TITLE VIII—MISSOURI RIVER (6) MURRIETTA CREEK, CALIFORNIA.—The Sec. 540. Rochester, New York. RESTORATION project for flood damage reduction and eco- Sec. 541. Upper Mohawk River basin, New Sec. 701. Definitions. system restoration, Murrietta Creek, Cali- York. Sec. 702. Missouri River Trust. fornia, described as alternative 6, based on Sec. 542. Eastern North Carolina flood pro- Sec. 703. Missouri River Task Force. the District Engineer’s Murrietta Creek fea- tection. Sec. 704. Administration. sibility report and environmental impact Sec. 543. Cuyahoga River, Ohio. Sec. 705. Authorization of appropriations. statement dated October 2000, at a total cost Sec. 544. Crowder Point, Crowder, Okla- SEC. 2. DEFINITION OF SECRETARY. of $89,850,000, with an estimated Federal cost homa. In this Act, the term ‘‘Secretary’’ means of $57,735,000 and an estimated non-Federal Sec. 545. Oklahoma-tribal commission. the Secretary of the Army. cost of $32,115,000. The locally preferred plan Sec. 546. Columbia River, Oregon and Wash- described as alternative 6 shall be treated as ington. TITLE I—WATER RESOURCES PROJECTS a final favorable report of the Chief Engi- Sec. 547. John Day Pool, Oregon and Wash- SEC. 101. PROJECT AUTHORIZATION. neer’s for purposes of this subsection. ington. (a) PROJECTS WITH CHIEF’S REPORTS.—The (7) SANTA BARBARA STREAMS, LOWER MIS- Sec. 548. Lower Columbia River and following projects for water resources devel- SION CREEK, CALIFORNIA.—The project for Tillamook Bay estuary pro- opment and conservation and other purposes flood damage reduction, Santa Barbara gram, Oregon and Washington. are authorized to be carried out by the Sec- streams, Lower Mission Creek, California, at Sec. 549. Skinner Butte Park, Eugene, Or- retary substantially in accordance with the a total cost of $18,300,000, with an estimated egon. plans, and subject to the conditions, de- Federal cost of $9,200,000 and an estimated Sec. 550. Willamette River basin, Oregon. scribed in the respective reports designated non-Federal cost of $9,100,000. Sec. 551. Lackawanna River, Pennsylvania. in this subsection: (8) UPPER NEWPORT BAY, CALIFORNIA.—The Sec. 552. Philadelphia, Pennsylvania. (1) BARNEGAT INLET TO LITTLE EGG INLET, project for ecosystem restoration, Upper Sec. 553. Access improvements, Raystown NEW JERSEY.—The project for hurricane and Newport Bay, California, at a total cost of Lake, Pennsylvania. storm damage reduction, Barnegat Inlet to $32,475,000, with an estimated Federal cost of

VerDate 02-OCT-2000 00:55 Oct 20, 2000 Jkt 089060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\A19OC7.007 pfrm01 PsN: H19PT1 October 19, 2000 CONGRESSIONAL RECORD — HOUSE H10323 $21,109,000 and an estimated non-Federal cost mouth, New Jersey, at a total cost of reduction, Pennsville Township, Salem of $11,366,000. $32,064,000, with an estimated Federal cost of County, New Jersey. (9) WHITEWATER RIVER BASIN, CALIFORNIA.— $20,842,000 and an estimated non-Federal cost (15) HEMPSTEAD, NEW YORK.—Project for The project for flood damage reduction, of $11,222,000. flood damage reduction, Hempstead, New Whitewater River basin, California, at a (22) DARE COUNTY BEACHES, NORTH CARO- York. total cost of $27,570,000, with an estimated LINA.—The project for hurricane and storm (16) HIGHLAND BROOK, HIGHLAND FALLS, NEW Federal cost of $17,920,000 and an estimated damage reduction, Dare County beaches, YORK.—Project for flood damage reduction, non-Federal cost of $9,650,000. North Carolina, at a total cost of $69,518,000, Highland Brook, Highland Falls, New York. (10) DELAWARE COAST FROM CAPE HENLOPEN with an estimated Federal cost of $49,846,000 (17) LAFAYETTE TOWNSHIP, OHIO.—Project TO FENWICK ISLAND.—The project for hurri- and an estimated non-Federal cost of for flood damage reduction, Lafayette Town- cane and storm damage reduction, Delaware $19,672,000. ship, Ohio. Coast from Cape Henlopen to Fenwick Is- (23) WOLF RIVER, TENNESSEE.—The project (18) WEST LAFAYETTE, OHIO.—Project for land, at a total cost of $5,633,000, with an es- for ecosystem restoration, Wolf River, Ten- flood damage reduction, West LaFayette, timated Federal cost of $3,661,000 and an esti- nessee, at a total cost of $10,933,000, with an Ohio. mated non-Federal cost of $1,972,000. estimated Federal cost of $7,106,000 and an (19) BEAR CREEK AND TRIBUTARIES, MED- (11) PORT SUTTON, FLORIDA.—The project estimated non-Federal cost of $3,827,000. FORD, OREGON.—Project for flood damage re- for navigation, Port Sutton, Florida, at a (24) DUWAMISH/GREEN, WASHINGTON.—The duction, Bear Creek and tributaries, Med- total cost of $6,000,000, with an estimated project for ecosystem restoration, ford, Oregon. Federal cost of $4,000,000 and an estimated Duwamish/Green, Washington, at a total (20) DELAWARE CANAL AND BROCK CREEK, non-Federal cost of $2,000,000. cost of $115,879,000, with an estimated Fed- YARDLEY BOROUGH, PENNSYLVANIA.—Project (12) BARBERS POINT HARBOR, HAWAII.—The eral cost of $75,322,000 and an estimated non- for flood damage reduction, Delaware Canal project for navigation, Barbers Point Harbor, Federal cost of $40,557,000. and Brock Creek, Yardley Borough, Pennsyl- Hawaii, at a total cost of $30,003,000, with an (25) STILLAGUMAISH RIVER BASIN, WASH- vania. estimated Federal cost of $18,524,000 and an INGTON.—The project for ecosystem restora- (21) FIRST CREEK, FOUNTAIN CITY, KNOX- estimated non-Federal cost of $11,479,000. tion, Stillagumaish River basin, Washington, VILLE, TENNESSEE.—Project for flood damage (13) JOHN MYERS LOCK AND DAM, INDIANA at a total cost of $24,223,000, with an esti- reduction, First Creek, Fountain City, Knox- AND KENTUCKY.—The project for navigation, mated Federal cost of $16,097,000 and an esti- ville, Tennessee. John Myers Lock and Dam, Indiana and Ken- mated non-Federal cost of $8,126,000. (22) MISSISSIPPI RIVER, RIDGELY, TEN- tucky, at a total cost of $182,000,000. The (26) JACKSON HOLE, WYOMING.—The project NESSEE.—Project for flood damage reduction, costs of construction of the project shall be for ecosystem restoration, Jackson Hole, Mississippi River, Ridgely, Tennessee. 1 paid ⁄2 from amounts appropriated from the Wyoming, at a total cost of $52,242,000, with (b) MAGPIE CREEK, SACRAMENTO COUNTY, 1 general fund of the Treasury and ⁄2 from an estimated Federal cost of $33,957,000 and CALIFORNIA.—In formulating the project for amounts appropriated from the Inland Wa- an estimated non-Federal cost of $18,285,000. Magpie Creek, California, authorized by sec- terways Trust Fund. SEC. 102. SMALL PROJECTS FOR FLOOD DAMAGE tion 102(a)(4) of the Water Resources Devel- (14) GREENUP LOCK AND DAM, KENTUCKY AND REDUCTION. opment Act of 1999 (113 Stat. 281) to be car- (a) IN GENERAL.—The Secretary shall con- OHIO.—The project for navigation, Greenup ried out under section 205 of the Flood Con- duct a study for each of the following Lock and Dam, Kentucky and Ohio, at a trol Act of 1948 (33 U.S.C. 701s), the Secretary total cost of $175,000,000. The costs of con- projects and, if the Secretary determines shall consider benefits from the full utiliza- struction of the project shall be paid 1⁄2 from that a project is feasible, may carry out the tion of existing improvements at McClellan amounts appropriated from the general fund project under section 205 of the Flood Con- Air Force Base that would result from the of the Treasury and 1⁄2 from amounts appro- trol Act of 1948 (33 U.S.C. 701s): project after conversion of the base to civil- priated from the Inland Waterways Trust (1) BUFFALO ISLAND, ARKANSAS.—Project ian use. Fund. for flood damage reduction, Buffalo Island, (15) OHIO RIVER MAINSTEM, KENTUCKY, ILLI- Arkansas. SEC. 103. SMALL PROJECTS FOR BANK STA- BILIZATION. NOIS, INDIANA, OHIO, PENNSYLVANIA, AND WEST (2) ANAVERDE CREEK, PALMDALE, CALI- The Secretary shall conduct a study for VIRGINIA.—Projects for ecosystem restora- FORNIA.—Project for flood damage reduction, tion, Ohio River Mainstem, Kentucky, Illi- Anaverde Creek, Palmdale, California. each of the following projects and, if the Sec- nois, Indiana, Ohio, Pennsylvania, and West (3) CASTAIC CREEK, OLD ROAD BRIDGE, SANTA retary determines that a project is feasible, Virginia, at a total cost of $307,700,000, with CLARITA, CALIFORNIA.—Project for flood dam- may carry out the project under section 14 of an estimated Federal cost of $200,000,000 and age reduction, Castaic Creek, Old Road the Flood Control Act of 1946 (33 U.S.C. 701r): an estimated non-Federal cost of $107,700,000. bridge, Santa Clarita, California. (1) MAUMEE RIVER, FORT WAYNE, INDIANA.— (16) MONARCH-CHESTERFIELD, MISSOURI.— (4) SANTA CLARA RIVER, OLD ROAD BRIDGE, Project for bank stabilization, Maumee The project for flood damage reduction, SANTA CLARITA, CALIFORNIA.—Project for River, Fort Wayne, Indiana. Monarch-Chesterfield, Missouri, at a total flood damage reduction, Santa Clara River, (2) BAYOU SORRELL, IBERVILLE PARISH, LOU- cost of $67,700,000, with an estimated Federal Old Road bridge, Santa Clarita, California. ISIANA.—Project for bank stabilization, cost of $44,000,000 and an estimated non-Fed- (5) COLUMBIA LEVEE, COLUMBIA, ILLINOIS.— Bayou Sorrell, Iberville Parish, Louisiana. eral cost of $23,700,000. Project for flood damage reduction, Colum- SEC. 104. SMALL PROJECTS FOR NAVIGATION. (17) ANTELOPE CREEK, LINCOLN, NEBRASKA.— bia Levee, Columbia, Illinois. The Secretary shall conduct a study for The project for flood damage reduction, An- (6) EAST-WEST CREEK, RIVERTON, ILLINOIS.— each of the following projects and, if the Sec- telope Creek, Lincoln, Nebraska, at a total Project for flood damage reduction, East- retary determines that a project is feasible, cost of $49,788,000, with an estimated Federal West Creek, Riverton, Illinois. may carry out the project under section 107 cost of $24,894,000 and an estimated non-Fed- (7) PRAIRIE DU PONT, ILLINOIS.—Project for of the River and Harbor Act of 1960 (33 U.S.C. eral cost of $24,894,000. flood damage reduction, Prairie Du Pont, Il- 577): (18) SAND CREEK WATERSHED, WAHOO, NE- linois. (1) WHITTIER, ALASKA.—Project for naviga- BRASKA.—The project for ecosystem restora- (8) MONROE COUNTY, ILLINOIS.—Project for tion, Whittier, Alaska. tion and flood damage reduction, Sand Creek flood damage reduction, Monroe County, Illi- (2) CAPE CORAL, FLORIDA.—Project for navi- watershed, Wahoo, Nebraska, at a total cost nois. gation, Cape Coral, Florida. of $29,212,000, with an estimated Federal cost (9) WILLOW CREEK, MEREDOSIA, ILLINOIS.— (3) EAST TWO LAKES, TOWER, MINNESOTA.— of $17,586,000 and an estimated non-Federal Project for flood damage reduction, Willow Project for navigation, East Two Lakes, cost of $11,626,000. Creek, Meredosia, Illinois. Tower, Minnesota. (19) WESTERN SARPY AND CLEAR CREEK, NE- (10) DYKES BRANCH CHANNEL, LEAWOOD, KAN- (4) ERIE BASIN MARINA, BUFFALO, NEW BRASKA.—The project for flood damage re- SAS.—Project for flood damage reduction, YORK.—Project for navigation, Erie Basin duction, Western Sarpy and Clear Creek, Ne- Dykes Branch channel improvements, marina, Buffalo, New York. braska, at a total cost of $20,600,000, with an Leawood, Kansas. (5) LAKE MICHIGAN, LAKESHORE STATE PARK, estimated Federal cost of $13,390,000 and an (11) DYKES BRANCH TRIBUTARIES, LEAWOOD, MILWAUKEE, WISCONSIN.—Project for naviga- estimated non-Federal cost of $7,210,000. KANSAS.—Project for flood damage reduction, tion, Lake Michigan, Lakeshore State Park, (20) RARITAN BAY AND SANDY HOOK BAY, Dykes Branch tributary improvements, Milwaukee, Wisconsin. CLIFFWOOD BEACH, NEW JERSEY.—The project Leawood, Kansas. (6) SAXON HARBOR, FRANCIS, WISCONSIN.— for hurricane and storm damage reduction, (12) KENTUCKY RIVER, FRANKFORT, KEN- Project for navigation, Saxon Harbor, Raritan Bay and Sandy Hook Bay, Cliffwood TUCKY.—Project for flood damage reduction, Francis, Wisconsin. Beach, New Jersey, at a total cost of Kentucky River, Frankfort, Kentucky. SEC. 105. SMALL PROJECT FOR IMPROVEMENT $5,219,000, with an estimated Federal cost of (13) LAKES MAUREPAS AND PONTCHARTRAIN OF THE QUALITY OF THE ENVIRON- $3,392,000 and an estimated non-Federal cost CANALS, ST. JOHN THE BAPTIST PARISH, LOU- MENT. of $1,827,000. ISIANA.—Project for flood damage reduction, The Secretary shall conduct a study for a (21) RARITAN BAY AND SANDY HOOK BAY, Lakes Maurepas and Pontchartrain Canals, project for improvement of the quality of the PORT MONMOUTH, NEW JERSEY.—The project St. John the Baptist Parish, Louisiana. environment, Nahant Marsh, Davenport, for hurricane and storm damage reduction, (14) PENNSVILLE TOWNSHIP, SALEM COUNTY, Iowa, and, if the Secretary determines that Raritan Bay and Sandy Hook Bay, Port Mon- NEW JERSEY.—The project for flood damage the project is appropriate, may carry out the

VerDate 02-OCT-2000 00:55 Oct 20, 2000 Jkt 089060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\A19OC7.007 pfrm01 PsN: H19PT1 H10324 CONGRESSIONAL RECORD — HOUSE October 19, 2000 project under section 1135(a) of the Water Re- tecting the shores of publicly owned prop- Water Resources Development Act of 1986 (33 sources Development Act of 1986 (33 U.S.C. erty’’, approved August 13, 1946 (33 U.S.C. U.S.C. 2309a) is amended by redesignating 2309a(a)). 426g; 60 Stat. 1056). subsection (e) as subsection (f) and by insert- SEC. 106. SMALL PROJECTS FOR AQUATIC ECO- SEC. 108. SMALL PROJECT FOR SNAGGING AND ing after subsection (d) the following: SYSTEM RESTORATION. SEDIMENT REMOVAL. ‘‘(e) NONPROFIT ENTITIES.—Notwith- The Secretary shall conduct a study for The Secretary shall conduct a study for a standing section 221 of the Flood Control Act each of the following projects and, if the Sec- project for clearing, snagging, and sediment of 1970 (42 U.S.C. 1962d–5b), a non-Federal retary determines that a project is appro- removal, Sangamon River and tributaries, sponsor for any project carried out under priate, may carry out the project under sec- Riverton, Illinois. If the Secretary deter- this section may include a nonprofit entity, tion 206 of the Water Resources Development mines that the project is feasible, the Sec- with the consent of the affected local govern- Act of 1996 (33 U.S.C. 2330): retary may carry out the project under sec- ment.’’. (1) ARKANSAS RIVER, PUEBLO, COLORADO.— tion 2 of the Flood Control Act of August 28, (c) LAKES PROGRAM.—Section 602 of the Project for aquatic ecosystem restoration, 1937 (50 Stat. 177). Water Resources Development Act of 1986 Arkansas River, Pueblo, Colorado. SEC. 109. PETALUMA RIVER, PETALUMA, CALI- (100 Stat. 4148–4149) is amended by redesig- (2) HAYDEN DIVERSION PROJECT, YAMPA FORNIA. nating subsection (d) as subsection (e) and by RIVER, COLORADO.—Project for aquatic eco- (a) IN GENERAL.—The Secretary shall carry inserting after subsection (c) the following: system restoration, Hayden Diversion out the Petaluma River project, at the city ‘‘(d) NONPROFIT ENTITIES.—Notwith- Project, Yampa River, Colorado. of Petaluma, Sonoma County, California, to standing section 221 of the Flood Control Act (3) LITTLE ECONLOCKHATCHEE RIVER BASIN, provide a 100-year level of flood protection to of 1970 (42 U.S.C. 1962d–5b), a non-Federal FLORIDA.—Project for aquatic ecosystem res- the city in accordance with the detailed sponsor for any project carried out under toration, Little Econlockhatchee River project report of the San Francisco District this section may include a nonprofit entity, basin, Florida. Engineer, dated March 1995, at a total cost of with the consent of the affected local govern- (4) LOXAHATCHEE SLOUGH, PALM BEACH $32,227,000. ment.’’. COUNTY, FLORIDA.—Project for aquatic eco- (b) COST SHARING.—Cost sharing for the SEC. 204. REHABILITATION OF FEDERAL FLOOD system restoration, Loxahatchee Slough, project shall be determined in accordance CONTROL LEVEES. Palm Beach County, Florida. with section 103(a) of the Water Resources Section 110(e) of the Water Resources De- (5) STEVENSON CREEK ESTUARY, FLORIDA.— Development Act of 1986 (33 U.S.C. 2213(a)), velopment Act of 1990 (104 Stat. 4622) is Project for aquatic ecosystem restoration, as in effect on October 11, 1996. amended by striking ‘‘1992,’’ and all that fol- Stevenson Creek estuary, Florida. (c) REIMBURSEMENT.—The Secretary shall lows through ‘‘1996’’ and inserting ‘‘2001 (6) CHOUTEAU ISLAND, MADISON COUNTY, ILLI- reimburse the non-Federal sponsor for any through 2005’’. NOIS.—Project for aquatic ecosystem restora- project costs that the non-Federal sponsor tion, Chouteau Island, Madison County, Illi- SEC. 205. FLOOD MITIGATION AND RIVERINE has incurred in excess of the non-Federal RESTORATION PROGRAM. nois. share of project costs, regardless of the date Section 212(e) of the Water Resources De- (7) SAGINAW BAY, BAY CITY, MICHIGAN.— such costs were incurred. velopment Act of 1999 (33 U.S.C. 2332(e)) is Project for aquatic ecosystem restoration, TITLE II—GENERAL PROVISIONS Saginaw Bay, Bay City, Michigan. amended— (1) by striking ‘‘and’’ at the end of para- (8) RAINWATER BASIN, NEBRASKA.—Project SEC. 201. COST SHARING OF CERTAIN FLOOD for aquatic ecosystem restoration, Rain- DAMAGE REDUCTION PROJECTS. graph (22); water Basin, Nebraska. Section 103 of the Water Resources Devel- (2) by striking the period at end of para- opment Act of 1986 (33 U.S.C. 2213) is amend- graph (23) and inserting a semicolon; (9) CAZENOVIA LAKE, MADISON COUNTY, NEW ed by adding at the end the following: (3) by adding at the end the following: YORK.—Project for aquatic ecosystem res- toration, Cazenovia Lake, Madison County, ‘‘(n) LEVEL OF FLOOD PROTECTION.—If the ‘‘(24) Lester, St. Louis, East Savanna, and New York, including efforts to address Secretary determines that it is technically Floodwood Rivers, Duluth, Minnesota; aquatic invasive plant species. sound, environmentally acceptable, and eco- ‘‘(25) Lower Hudson River and tributaries, nomically justified, to construct a flood con- New York; (10) CHENANGO LAKE, CHENANGO COUNTY, trol project for an area using an alternative ‘‘(26) Susquehanna River watershed, Brad- NEW YORK.—Project for aquatic ecosystem restoration, Chenango Lake, Chenango Coun- that will afford a level of flood protection ford County, Pennsylvania; and ty, New York, including efforts to address sufficient for the area not to qualify as an ‘‘(27) Clear Creek, Harris, Galveston, and aquatic invasive plant species. area having special flood hazards for the pur- Brazoria Counties, Texas.’’. poses of the national flood insurance pro- (11) EAGLE LAKE, NEW YORK.—Project for SEC. 206. TRIBAL PARTNERSHIP PROGRAM. aquatic ecosystem restoration, Eagle Lake, gram under the National Flood Insurance (a) IN GENERAL.—The Secretary is author- New York. Act of 1968 (42 U.S.C. 4001 et seq.), the Sec- ized, in cooperation with Indian tribes and retary, at the request of the non-Federal in- (12) OSSINING, NEW YORK.—Project for other Federal agencies, to study and deter- aquatic ecosystem restoration, Ossining, terest, shall recommend the project using mine the feasibility of implementing water New York. the alternative. The non-Federal share of the resources development projects that will cost of the project assigned to providing the (13) SARATOGA LAKE, NEW YORK.—Project substantially benefit Indian tribes, and are for aquatic ecosystem restoration, Saratoga minimum amount of flood protection re- located primarily within Indian country (as Lake, New York. quired for the area not to qualify as an area defined in section 1151 of title 18, United having special flood hazards shall be deter- (14) SCHROON LAKE, NEW YORK.—Project for States Code), or in proximity to an Alaska aquatic ecosystem restoration, Schroon mined under subsections (a) and (b).’’. Native village (as defined in, or established Lake, New York. SEC. 202. HARBOR COST SHARING. pursuant to, the Alaska Native Claims Set- (15) MIDDLE CUYAHOGA RIVER.—Project for (a) IN GENERAL.—Sections 101 and 214 of tlement Act (43 U.S.C. 1601 et seq.)). aquatic ecosystem restoration, Middle Cuya- the Water Resources Development Act of (b) CONSULTATION AND COORDINATION.—The hoga River, Kent, Ohio. 1986 (33 U.S.C. 2211 and 2241; 100 Stat. 4082– Secretary shall consult with the Secretary of (16) CENTRAL AMAZON CREEK, EUGENE, OR- 4084 and 4108–4109) are each amended by the Interior on studies conducted under this EGON.—Project for aquatic ecosystem res- striking ‘‘45 feet’’ each place it appears and section. toration, Central Amazon Creek, Eugene, Or- inserting ‘‘53 feet’’. (c) CREDITS.—For any study conducted egon. (b) APPLICABILITY.—The amendments made under this section, the Secretary may pro- (17) EUGENE MILLRACE, EUGENE, OREGON.— by subsection (a) shall apply only to a vide credit to the Indian tribe for services, Project for aquatic ecosystem restoration, project, or separable element of a project, on studies, supplies, and other in-kind consider- Eugene Millrace, Eugene, Oregon. which a contract for physical construction ation where the Secretary determines that (18) LONE PINE AND LAZY CREEKS, MEDFORD, has not been awarded before the date of en- such services, studies, supplies, and other in- OREGON.—Project for aquatic ecosystem res- actment of this Act. kind consideration will facilitate completion toration, Lone Pine and Lazy Creeks, Med- SEC. 203. NONPROFIT ENTITIES. of the study. In no event shall such credit ex- ford, Oregon. (a) ENVIRONMENTAL DREDGING.—Section 312 ceed the Indian tribe’s required share of the (19) TULLYTOWN BOROUGH, PENNSYLVANIA.— of the Water Resources Development Act of cost of the study. Project for aquatic ecosystem restoration, 1990 (33 U.S.C. 1272) is amended by adding at (d) AUTHORIZATION OF APPROPRIATIONS.— Tullytown Borough, Pennsylvania. the end the following: There is authorized to be appropriated to SEC. 107. SMALL PROJECT FOR SHORELINE PRO- ‘‘(g) NONPROFIT ENTITIES.—Notwith- carry out this section $5,000,000 for each of TECTION. standing section 221 of the Flood Control Act fiscal years 2002 through 2006. Not more than The Secretary shall conduct a study for a of 1970 (42 U.S.C. 1962d–5b), a non-Federal $1,000,000 appropriated to carry out this sec- project for shoreline protection, Hudson sponsor for any project carried out under tion for a fiscal year may be used to substan- River, Dutchess County, New York, and, if this section may include a nonprofit entity, tially benefit any one Indian tribe. the Secretary determines that the project is with the consent of the affected local govern- (e) INDIAN TRIBE DEFINED.—In this section, feasible, may carry out the project under ment.’’. the term ‘‘Indian tribe’’ means any tribe, section 3 of the Act entitled ‘‘An Act author- (b) PROJECT MODIFICATIONS FOR IMPROVE- band, nation, or other organized group or izing Federal participation in the cost of pro- MENT OF ENVIRONMENT.—Section 1135 of the community of Indians, including any Alaska

VerDate 02-OCT-2000 00:55 Oct 20, 2000 Jkt 089060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\A19OC7.007 pfrm01 PsN: H19PT1 October 19, 2000 CONGRESSIONAL RECORD — HOUSE H10325 Native village, which is recognized as eligi- retary shall transmit to Congress a report on vetments, dikes, dredging, weirs, dams, re- ble for the special programs and services pro- the results of the program. taining walls, generation facilities, mattress vided by the United States to Indians be- (c) AUTHORIZATION OF APPROPRIATIONS.— laying, recreation facilities, and other water cause of their status as Indians. There is authorized to be appropriated to resources facilities. SEC. 207. NATIVE AMERICAN REBURIAL AND carry out this section $500,000 per fiscal year (b) DESIGN-BUILD DEFINED.—In this section, TRANSFER AUTHORITY. for fiscal years beginning after September 30, the term ‘‘design-build’’ means an agreement (a) IN GENERAL.—The Secretary, in con- 2000. between the Federal Government and a con- sultation with appropriate Indian tribes, SEC. 211. ENGINEERING CONSULTING SERVICES. tractor that provides for both the design and may identify and set aside land at civil In conducting a feasibility study for a construction of a project by a single con- works projects managed by the Secretary for water resources project, the Secretary, to tract. use as a cemetery for the remains of Native the maximum extent practicable, should not (c) REPORT.—Not later than 2 years after Americans that have been discovered on employ a person for engineering and con- the date of enactment of this section, the project lands and that have been rightfully sulting services if the same person is also Secretary shall report on the results of the claimed by a lineal descendant or Indian employed by the non-Federal interest for pilot program. tribe in accordance with applicable Federal such services unless there is only 1 qualified SEC. 215. INDEPENDENT REVIEW PILOT PRO- law. The Secretary, in consultation with and and responsive bidder for such services. GRAM. Title IX of the Water Resources Develop- with the consent of the lineal descendant or SEC. 212. BEACH RECREATION. ment Act of 1986 (100 Stat. 4183 et seq.) is Indian tribe, may recover and rebury the re- (a) IN GENERAL.—In studying the feasi- amended by adding at the end the following: mains at such cemetery at Federal expense. bility of and making recommendations con- (b) TRANSFER AUTHORITY.—Notwith- cerning potential beach restoration projects, ‘‘SEC. 952. INDEPENDENT REVIEW PILOT PRO- GRAM. standing any other provision of law, the Sec- the Secretary may not implement any policy ‘‘(a) PROJECTS SUBJECT TO INDEPENDENT retary may transfer to an Indian tribe land that has the effect of disadvantaging any identified and set aside by the Secretary REVIEW.—The Secretary shall undertake a such project solely because 50 percent or pilot program in fiscal years 2001 through under subsection (a) for use as a cemetery. more of its benefits are recreational in na- The Secretary shall retain any necessary 2003 to determine the practicality and effi- ture. cacy of having feasibility reports of the rights-of-way, easements, or other property (b) PROCEDURES FOR CONSIDERATION AND Corps of Engineers for eligible projects re- interests that the Secretary determines nec- REPORTING OF BENEFITS.—Not later than 1 viewed by an independent panel of experts. essary to carry out the purpose of the year after the date of enactment of this Act, The pilot program shall be limited to the es- project. the Secretary shall develop and implement tablishment of panels for not to exceed 5 eli- (c) DEFINITIONS.—In this section, the terms procedures to ensure that all of the benefits gible projects. ‘‘Indian tribe’’ and ‘‘Native American’’ have of a beach restoration project, including ‘‘(b) ESTABLISHMENT OF PANELS.— the meaning such terms have under section 2 those benefits attributable to recreation, ‘‘(1) IN GENERAL.—The Secretary shall es- of the Native American Graves Protection hurricane and storm damage reduction, and and Repatriation Act (25 U.S.C. 3001). tablish a panel of experts for an eligible environmental protection and restoration, project under this section upon identifica- SEC. 208. ABILITY TO PAY. are adequately considered and displayed in tion of a preferred alternative in the devel- Section 103(m) of the Water Resources De- reports for such projects. opment of the feasibility report. velopment Act of 1986 (33 U.S.C. 2213(m)) is SEC. 213. PERFORMANCE OF SPECIALIZED OR ‘‘(2) MEMBERSHIP.—A panel established amended— TECHNICAL SERVICES. under this section shall be composed of not (1) by striking paragraphs (1) and (2) and (a) IN GENERAL.—Before entering into an less than 5 and not more than 9 independent inserting the following: agreement to perform specialized or tech- experts who represent a balance of areas of ‘‘(1) IN GENERAL.—Any cost-sharing agree- nical services for a State (including the Dis- expertise, including biologists, engineers, ment under this section for construction of trict of Columbia), a territory, or a local and economists. an environmental protection and restora- government of a State or territory under ‘‘(3) LIMITATION ON APPOINTMENTS.—The tion, flood control, or agricultural water section 6505 of title 31, United States Code, Secretary shall not appoint an individual to supply project shall be subject to the ability the Secretary shall certify that— serve on a panel of experts for a project of a non-Federal interest to pay. (1) the services requested are not reason- under this section if the individual has a fi- ‘‘(2) CRITERIA AND PROCEDURES.—The abil- ably and expeditiously available through or- nancial interest in the project or has with ity of a non-Federal interest to pay shall be dinary business channels; and any organization a professional relationship determined by the Secretary in accordance (2) the Corps of Engineers is especially that the Secretary determines may con- with criteria and procedures in effect under equipped to perform such services. stitute a conflict of interest or the appear- paragraph (3) on the day before the date of (b) SUPPORTING MATERIALS.—The Sec- ance of impropriety. enactment of the Water Resources Develop- retary shall develop materials supporting ‘‘(4) CONSULTATION.—The Secretary shall ment Act of 2000; except that such criteria such certification under subsection (a). consult the National Academy of Sciences in and procedures shall be revised, and new cri- (c) ANNUAL REPORT TO CONGRESS.— developing lists of individuals to serve on teria and procedures shall be developed, (1) IN GENERAL.—Not later than December panels of experts under this section. within 180 days after such date of enactment 31 of each calendar year, the Secretary shall ‘‘(5) COMPENSATION.—An individual serving to reflect the requirements of such para- transmit to the Committee on Transpor- on a panel of experts under this section may graph (3).’’; and tation and Infrastructure of the House of not be compensated but may receive travel (2) in paragraph (3)— Representatives and the Committee on Envi- expenses, including per diem in lieu of sub- (A) by inserting ‘‘and’’ after the semicolon ronment and Public Works of the Senate a sistence, in accordance with sections 5702 at the end of subparagraph (A)(ii); report on the requests described in sub- and 5703 of title 5, United States Code. (B) by striking subparagraph (B); and section (a) that the Secretary received dur- ‘‘(c) DUTIES OF PANELS.—A panel of experts (C) by redesignating subparagraph (C) as ing such calendar year. established for a project under this section subparagraph (B). (2) CONTENTS.—With respect to each re- shall— SEC. 209. INTERAGENCY AND INTERNATIONAL quest, the report transmitted under para- ‘‘(1) review feasibility reports prepared for SUPPORT AUTHORITY. graph (1) shall include a copy of the certifi- the project after the identification of a pre- The first sentence of section 234(d) of the cation and supporting materials developed ferred alternative; Water Resources Development Act of 1996 (33 under this section and information on each ‘‘(2) receive written and oral comments of U.S.C. 2323a(d)) is amended to read as fol- of the following: a technical nature concerning the project lows: ‘‘There is authorized to be appropriated (A) The scope of services requested. from the public; and to carry out this section $250,000 per fiscal (B) The status of the request. ‘‘(3) transmit to the Secretary an evalua- year for fiscal years beginning after Sep- (C) The estimated and final cost of the re- tion containing the panel’s economic, engi- tember 30, 2000.’’. quested services. neering, and environmental analyses of the SEC. 210. PROPERTY PROTECTION PROGRAM. (D) Each district and division office of the project, including the panel’s conclusions on (a) IN GENERAL.—The Secretary is author- Corps of Engineers that has supplied or will the feasibility report, with particular em- ized to implement a program to reduce van- supply the requested services. phasis on areas of public controversy. dalism and destruction of property at water (E) The number of personnel of the Corps ‘‘(d) DURATION OF PROJECT REVIEWS.—A resources development projects under the ju- of Engineers that have performed or will per- panel of experts shall complete its review of risdiction of the Department of the Army. In form any of the requested services. a feasibility report for an eligible project carrying out the program, the Secretary (F) The status of any reimbursement. and transmit a report containing its evalua- may provide rewards to individuals who pro- SEC. 214. DESIGN-BUILD CONTRACTING. tion of the project to the Secretary not later vide information or evidence leading to the (a) PILOT PROGRAM.—The Secretary may than 180 days after the date of establishment arrest and prosecution of individuals causing conduct a pilot program consisting of not of the panel. damage to Federal property, including the more than 5 projects to test the design-build ‘‘(e) RECOMMENDATIONS OF PANEL.—After payment of cash rewards. method of project delivery on various civil receiving a timely report on a project from a (b) REPORT.—Not later than 4 years after engineering projects of the Corps of Engi- panel of experts under this section, the Sec- the date of enactment of this Act, the Sec- neers, including levees, pumping plants, re- retary shall—

VerDate 02-OCT-2000 00:55 Oct 20, 2000 Jkt 089060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\A19OC7.007 pfrm01 PsN: H19PT1 H10326 CONGRESSIONAL RECORD — HOUSE October 19, 2000

‘‘(1) consider any recommendations con- (e) COSTS.—The cost of conducting moni- (1) by striking ‘‘paragraph (3) and’’ and in- tained in the evaluation; toring under this section shall be a Federal serting ‘‘paragraph (3),’’; and ‘‘(2) make the evaluation available for pub- expense. (2) by striking ‘‘paragraph (4)’’ and insert- lic review; and SEC. 218. RECONNAISSANCE STUDIES. ing ‘‘paragraph (4), and the costs borne by ‘‘(3) include a copy of the evaluation in any Section 905(b) of the Water Resources De- the non-Federal interests in providing addi- report transmitted to Congress concerning velopment Act of 1986 (33 U.S.C. 2282(b)) is tional capacity at dredged material disposal the project. amended— areas, providing community access to the ‘‘(f) COSTS.—The cost of conducting a re- (1) in the second sentence by inserting project (including such disposal areas), and view of a project under this section shall not after ‘‘environmental impacts’’ the fol- meeting applicable beautification require- exceed $250,000 and shall be a Federal ex- lowing: ‘‘(including whether a proposed ments’’. pense. project is likely to have environmental im- SEC. 222. MAXIMUM PROGRAM EXPENDITURES ‘‘(g) REPORT.—Not later than December 31, pacts that cannot be successfully or cost-ef- FOR SMALL FLOOD CONTROL 2003, the Secretary shall transmit to Con- fectively mitigated)’’; and PROJECTS. gress a report on the results of the pilot pro- (2) by inserting after the second sentence Section 205 of the Flood Control Act of 1948 gram together with the recommendations of the following: ‘‘The Secretary shall not rec- (33 U.S.C. 701s) is amended by striking the Secretary regarding continuation, expan- ommend that a feasibility study be con- ‘‘$40,000,000’’ and inserting ‘‘$50,000,000’’. sion, and modification of the pilot program, ducted for a project based on a reconnais- SEC. 223. FEASIBILITY STUDIES AND PLANNING, including an assessment of the impact that a sance study if the Secretary determines that ENGINEERING, AND DESIGN. peer review program would have on the over- the project is likely to have environmental Section 105(a)(1)(E) of the Water Resources all cost and length of project analyses and impacts that cannot be successfully or cost- Development Act of 1986 (33 U.S.C. reviews associated with feasibility reports effectively mitigated.’’. 2215(a)(1)(E)) is amended by striking ‘‘Not and an assessment of the benefits of peer re- more than 1⁄2 of the’’ and inserting ‘‘The’’. view. SEC. 219. FISH AND WILDLIFE MITIGATION. SEC. 224. ADMINISTRATIVE COSTS OF LAND CON- ‘‘(h) ELIGIBLE PROJECT DEFINED.—In this (a) DESIGN OF MITIGATION PROJECTS.—Sec- VEYANCES. section, the term ‘eligible project’ means— tion 906(d) of the Water Resources Develop- (a) IN GENERAL.—Notwithstanding any ‘‘(1) a water resources project that has an ment Act of 1986 (33 U.S.C. 2283(a)) is amend- other provision of law, the administrative estimated total cost of more than $25,000,000, ed— costs associated with the conveyance of including mitigation costs; and (1) by striking ‘‘(1)’’ and inserting ‘‘(A)’’; property to a non-Federal governmental or ‘‘(2) a water resources project— and nonprofit entity shall be limited to not more ‘‘(A) that has an estimated total cost of (2) by striking ‘‘(2)’’ and inserting ‘‘(B)’’; than 5 percent of the value of the property to $25,000,000 or less, including mitigation costs; (3) by striking ‘‘(d) After the date’’ and in- be conveyed to such entity if the Secretary and serting the following: determines, based on the entity’s ability to ‘‘(B)(i) that the Secretary determines is ‘‘(d) MITIGATION PLANS AS PART OF PROJECT pay, that such limitation is necessary to subject to a substantial degree of public con- PROPOSALS.— complete the conveyance. The Federal cost troversy; or ‘‘(1) IN GENERAL.—After the date’’; associated with such limitation shall not ex- ‘‘(ii) to which an affected State objects.’’. (4) by adding at the end the following: ‘‘(2) DESIGN OF MITIGATION PROJECTS.—The ceed $70,000 for any one conveyance. SEC. 216. ENHANCED PUBLIC PARTICIPATION. Secretary shall design mitigation projects to (b) SPECIFIC CONVEYANCE.—In carrying out (a) IN GENERAL.—Section 905 of the Water subsection (a), the Secretary shall give pri- Resources Development Act of 1986 (33 U.S.C. reflect contemporary understanding of the ority consideration to the conveyance of 10 2282) is amended by adding at the end the fol- science of mitigating the adverse environ- acres of Wister Lake project land to the lowing: mental impacts of water resources projects. Summerfield Cemetery Association, Wister, ‘‘(e) ENHANCED PUBLIC PARTICIPATION.— ‘‘(3) RECOMMENDATION OF PROJECTS.—The Oklahoma, authorized by section 563(f) of the ‘‘(1) IN GENERAL.—The Secretary shall es- Secretary shall not recommend a water re- tablish procedures to enhance public partici- sources project unless the Secretary deter- Water Resources Development Act of 1999 pation in the development of each feasibility mines that the adverse impacts of the (113 Stat. 359–360). UTHORIZATION OF APPROPRIATIONS.— study under subsection (a), including, if ap- project on aquatic resources and fish and (c) A There is authorized to be appropriated to propriate, establishment of a stakeholder ad- wildlife can be cost-effectively and success- carry out this section $150,000 for fiscal years visory group to assist the Secretary with the fully mitigated.’’; and 2001 through 2003. development of the study. (5) by aligning the remainder of the text of ‘‘(2) MEMBERSHIP.—If the Secretary pro- paragraph (1) (as designated by paragraph (3) SEC. 225. DAM SAFETY. vides for the establishment of a stakeholder of this subsection) with paragraph (2) (as (a) INVENTORY AND ASSESSMENT OF OTHER advisory group under this subsection, the added by paragraph (4) of this subsection). DAMS.— membership of the advisory group shall in- (b) CONCURRENT MITIGATION.— (1) INVENTORY.—The Secretary shall estab- clude balanced representation of social, eco- (1) INVESTIGATION.—The Comptroller Gen- lish an inventory of dams constructed by and nomic, and environmental interest groups, eral shall conduct an investigation of the ef- using funds made available through the and such members shall serve on a vol- fectiveness of the concurrent mitigation re- Works Progress Administration, the Works untary, uncompensated basis. quirements of section 906 of the Water Re- Projects Administration, and the Civilian sources Development Act of 1986 (33 U.S.C. ‘‘(3) LIMITATION.—Procedures established Conservation Corps. under this subsection shall not delay devel- 2283). In conducting the investigation, the (2) ASSESSMENT OF REHABILITATION opment of any feasibility study under sub- Comptroller General shall determine wheth- NEEDS.—In establishing the inventory re- section (a).’’. er or not there are instances in which less quired under paragraph (1), the Secretary than 50 percent of required mitigation is SEC. 217. MONITORING. shall also assess the condition of the dams completed before initiation of project con- (a) IN GENERAL.—The Secretary shall con- on such inventory and the need for rehabili- duct a monitoring program of the economic struction and the number of such instances. tation or modification of the dams. and environmental results of up to 5 eligible (2) REPORT.—Not later than 1 year after (b) REPORT TO CONGRESS.—Not later than 2 projects selected by the Secretary. the date of enactment of this Act, the Comp- years after the date of enactment of this (b) DURATION.—The monitoring of a project troller General shall transmit to Congress a Act, the Secretary shall transmit to Con- selected by the Secretary under this section report on the results of the investigation. gress a report containing the inventory and shall be for a period of not less than 12 years SEC. 220. WETLANDS MITIGATION. assessment required by this section. beginning on the date of its selection. In carrying out a water resources project (c) INTERIM ACTIONS.— (c) REPORTS.—The Secretary shall trans- that involves wetlands mitigation and that (1) IN GENERAL.—If the Secretary deter- mit to Congress every 3 years a report on the has an impact that occurs within the service mines that a dam referred to in subsection performance of each project selected under area of a mitigation bank, the Secretary, to (a) presents an imminent and substantial this section. the maximum extent practicable and where risk to public safety, the Secretary is au- (d) ELIGIBLE WATER RESOURCES PROJECT appropriate, shall give preference to the use thorized to carry out measures to prevent or DEFINED.—In this section, the term ‘‘eligible of the mitigation bank if the bank contains mitigate against such risk. project’’ means a water resources project, or sufficient available credits to offset the im- (2) EXCLUSION.—The assistance authorized separable element thereof— pact and the bank is approved in accordance under paragraph (1) shall not be available to (1) for which a contract for physical con- with the Federal Guidance for the Establish- dams under the jurisdiction of the Depart- struction has not been awarded before the ment, Use and Operation of Mitigation ment of the Interior. date of enactment of this Act; Banks (60 Fed. Reg. 58605 (November 28, 1995)) (3) FEDERAL SHARE.—The Federal share of (2) that has a total cost of more than or other applicable Federal law (including the cost of assistance provided under this $25,000,000; and regulations). subsection shall be 65 percent of such cost. (3)(A) that has as a benefit-to-cost ratio of SEC. 221. CREDIT TOWARD NON-FEDERAL SHARE (d) COORDINATION.—In carrying out this less than 1.5 to 1; or OF NAVIGATION PROJECTS. section, the Secretary shall coordinate with (B) that has significant environmental ben- The second sentence of section 101(a)(2) of the appropriate State dam safety officials efits or significant environmental mitigation the Water Resources Development Act of and the Director of the Federal Emergency components. 1986 (33 U.S.C. 2211(a)(2)) is amended— Management Agency.

VerDate 02-OCT-2000 00:55 Oct 20, 2000 Jkt 089060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\A19OC7.007 pfrm01 PsN: H19PT1 October 19, 2000 CONGRESSIONAL RECORD — HOUSE H10327

(e) AUTHORIZATION OF APPROPRIATIONS.— amended by striking ‘‘$8,600,000’’ and all that (113 Stat. 301) is amended by inserting There is authorized to be appropriated to follows through ‘‘$2,150,000’’ and inserting ‘‘shoreline associated with the’’ after ‘‘dam- carry out this section a total of $25,000,000 ‘‘$15,000,000, with an estimated Federal cost age to the’’. for fiscal years beginning after September 30, of $11,250,000 and an estimated non-Federal SEC. 312. FERNANDINA HARBOR, FLORIDA. 1999, of which not more than $5,000,000 may cost of $3,750,000’’. The project for navigation, Fernandina be expended on any one dam. SEC. 308. SACRAMENTO DEEP WATER SHIP CHAN- Harbor, Florida, authorized by the first sec- TITLE III—PROJECT-RELATED NEL, CALIFORNIA. tion of the Act entitled ‘‘An Act making ap- PROVISIONS The project for navigation, Sacramento propriations for the construction, repair, SEC. 301. NOGALES WASH AND TRIBUTARIES, Deep Water Ship Channel, California, au- completion, and preservation of certain NOGALES, ARIZONA. thorized by section 202(a) of the Water Re- works on rivers and harbors, and for other The project for flood control, Nogales Wash sources Development Act of 1986 (100 Stat. purposes’’, approved June 14, 1880 (21 Stat. and Tributaries, Nogales, Arizona, author- 4092), is modified to authorize the Secretary 186), is modified to authorize the Secretary ized by section 101(a)(4) of the Water Re- to provide credit to the non-Federal interest to realign the access channel in the vicinity sources Development Act of 1990 (104 Stat. toward the non-Federal share of the cost of of the Fernandina Beach Municipal Marina 4606), and modified by section 303 of the the project for the value of dredged material 100 feet to the west. The cost of the realign- Water Resources Development Act of 1996 from the project that is purchased by public ment, including acquisition of lands, ease- (110 Stat. 3711), is further modified to provide agencies or nonprofit entities for environ- ments, rights-of-way, and dredged material that the Federal share of the costs associ- mental restoration or other beneficial uses. disposal areas and relocations, shall be a ated with addressing flood control problems SEC. 309. SACRAMENTO RIVER, GLENN-COLUSA, non-Federal expense. in Nogales, Arizona, arising from floodwater CALIFORNIA. SEC. 313. TAMPA HARBOR, FLORIDA. flows originating in Mexico shall be 100 per- The project for flood control, Sacramento The project for navigation, Tampa Harbor, cent. River, California, authorized by section 2 of Florida, authorized by section 4 of the Rivers SEC. 302. JOHN PAUL HAMMERSCHMIDT VISITOR the Act entitled ‘‘An Act to provide for the and Harbors Act of September 22, 1922 (42 CENTER, FORT SMITH, ARKANSAS. control of the floods of the Mississippi River Stat. 1042), is modified to authorize the Sec- Section 103(e) of the Water Resources De- and of the Sacramento River, California, and retary to deepen and widen the Alafia Chan- velopment Act of 1992 (106 Stat. 4813) is for other purposes’’, approved March 1, 1917 nel in accordance with the plans described in amended— (39 Stat. 949), and modified by section 102 of (1) in the subsection heading by striking the Draft Feasibility Report, Alafia River, the Energy and Water Development Appro- Tampa Harbor, Florida, dated May 2000, at a ‘‘LAKE’’ and inserting ‘‘VISITOR CENTER’’; and priations Act, 1990 (103 Stat. 649), section total cost of $61,592,000, with an estimated (2) in paragraph (1) by striking ‘‘at the 301(b)(3) of the Water Resources Develop- John Paul Hammerschmidt Lake, Arkansas Federal cost of $39,621,000 and an estimated ment Act of 1996 (110 Stat. 3110), title I of the non-Federal cost of $21,971,000. River, Arkansas’’ and inserting ‘‘on property Energy and Water Development Appropria- provided by the city of Fort Smith, Arkan- tions Act, 1999 (112 Stat. 1841), and section SEC. 314. EAST SAINT LOUIS AND VICINITY, ILLI- NOIS. sas, in such city’’. 305 of the Water Resources Development Act The project for flood protection, East SEC. 303. GREERS FERRY LAKE, ARKANSAS. of 1999 (113 Stat. 299), is further modified to Saint Louis and vicinity, Illinois (East Side The project for flood control, Greers Ferry direct the Secretary to provide the non-Fed- levee and sanitary district), authorized by Lake, Arkansas, authorized by the Act enti- eral interest a credit of up to $4,000,000 to- section 204 of the Flood Control Act of 1965 tled ‘‘An Act authorizing the construction of ward the non-Federal share of the cost of the (79 Stat. 1082), is modified to include eco- certain public works on rivers and harbors project for direct and indirect costs incurred system restoration as a project purpose. for flood control, and other purposes’’, ap- by the non-Federal interest in carrying out proved June 28, 1938 (52 Stat. 1218), is modi- activities (including the provision of lands, SEC. 315. KASKASKIA RIVER, KASKASKIA, ILLI- NOIS. fied to authorize the Secretary to construct easements, rights-of-way, relocations, and water intake facilities for the benefit of dredged material disposal areas) associated The project for navigation, Kaskaskia Lonoke and White Counties, Arkansas. with environmental compliance for the River, Kaskaskia, Illinois, authorized by sec- SEC. 304. TEN- AND FIFTEEN-MILE BAYOUS, AR- project if the Secretary determines that the tion 101 of the River and Harbor Act of 1962 KANSAS. activities are integral to the project. If any (76 Stat. 1175), is modified to include recre- The project for flood control, Saint Francis of such costs were incurred by the non-Fed- ation as a project purpose. River Basin, Missouri and Arkansas, author- eral interests before execution of the project SEC. 316. WAUKEGAN HARBOR, ILLINOIS. ized by section 204 of the Flood Control Act cooperation agreement, the Secretary may The project for navigation, Waukegan Har- of 1950 (64 Stat. 172), is modified to expand reimburse the non-Federal interest for such bor, Illinois, authorized by the first section the boundaries of the project to include Ten- pre-agreement costs instead of providing a of the Act entitled ‘‘An Act making appro- and Fifteen-Mile Bayous near West Mem- credit for such pre-agreement costs to the priations for the construction, repair, com- phis, Arkansas. Notwithstanding section extent that the amount of the credit exceeds pletion, and preservation of certain works on 103(f) of the Water Resources Development the remaining non-Federal share of the cost rivers and harbors, and for other purposes’’, Act of 1986 (100 Stat. 4086), the flood control of the project. approved June 14, 1880 (21 Stat. 192), is modi- work at Ten- and Fifteen-Mile Bayous shall fied to authorize the Secretary to extend the not be considered separable elements of the SEC. 310. UPPER GUADALUPE RIVER, CALI- FORNIA. upstream limit of the project 275 feet to the project. The project for flood damage reduction and north at a width of 375 feet if the Secretary SEC. 305. CACHE CREEK BASIN, CALIFORNIA. recreation, Upper Guadalupe River, Cali- determines that the extension is feasible. The project for flood control, Cache Creek fornia, authorized by section 101(a)(9) of the SEC. 317. CUMBERLAND, KENTUCKY. Basin, California, authorized by section Water Resources Development Act of 1999 Using continuing contracts, the Secretary 401(a) of the Water Resources Development (113 Stat. 275), is modified to provide that the shall initiate construction of the flood con- Act of 1986 (100 Stat. 4112), is modified to di- non-Federal share of the cost of the project trol project, Cumberland, Kentucky, author- rect the Secretary to evaluate the impacts of shall be 50 percent, with an estimated Fed- ized by section 202(a) of the Energy and the new south levee of the Cache Creek set- eral cost and non-Federal cost of $70,164,000 Water Development Appropriations Act, 1981 tling basin on the city of Woodland’s storm each. (94 Stat. 1339), in accordance with option 4 drainage system and to mitigate such im- contained in the draft detailed project report pacts at Federal expense and a total cost of SEC. 311. BREVARD COUNTY, FLORIDA. $2,800,000. (a) INCLUSION OF REACH.—The project for of the Nashville District, dated September 1998, to provide flood protection from the 100- SEC. 306. LARKSPUR FERRY CHANNEL, LARK- shoreline protection, Brevard County, Flor- SPUR, CALIFORNIA. ida, authorized by section 101(b)(7) of the year frequency flood event and to share all The project for navigation, Larkspur Ferry Water Resources Development Act of 1996 costs in accordance with section 103 of the Channel, Larkspur, California, authorized by (110 Stat. 3667), is modified to provide that, Water Resources Development Act of 1986 (33 section 601(d) of the Water Resources Devel- notwithstanding section 902 of the Water Re- U.S.C. 2213). opment Act of 1986 (100 Stat. 4148), is modi- sources Development Act of 1986, the Sec- SEC. 318. LOCK AND DAM 10, KENTUCKY RIVER, fied to direct the Secretary to prepare a lim- retary may incorporate in the project any or KENTUCKY. ited reevaluation report to determine wheth- all of the 7.1-mile reach of the project that (a) IN GENERAL.—The Secretary may take er maintenance of the project is technically was deleted from the south reach of the all necessary measures to further stabilize sound, environmentally acceptable, and eco- project, as described in paragraph (5) of the and renovate Lock and Dam 10 at nomically justified. If the Secretary deter- Report of the Chief of Engineers, dated De- Boonesborough, Kentucky, with the purpose mines that maintenance of the project is cember 23, 1996, if the Secretary determines, of extending the design life of the structure technically sound, environmentally accept- in coordination with appropriate local, by an additional 50 years, at a total cost of able, and economically justified, the Sec- State, and Federal agencies, that the project $24,000,000, with an estimated Federal cost of retary shall carry out the maintenance. as modified is technically sound, environ- $12,000,000 and an estimated non-Federal cost SEC. 307. NORCO BLUFFS, RIVERSIDE COUNTY, mentally acceptable, and economically justi- of $12,000,000. CALIFORNIA. fied. (b) DEFINITIONS.—For purposes of this sec- Section 101(b)(4) of the Water Resources (b) CLARIFICATION.—Section 310(a) of the tion, the term ‘‘stabilize and renovate’’ in- Development Act of 1996 (110 Stat. 3667) is Water Resources Development Act of 1999 cludes the following activities: stabilization

VerDate 02-OCT-2000 00:55 Oct 20, 2000 Jkt 089060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\A19OC7.007 pfrm01 PsN: H19PT1 H10328 CONGRESSIONAL RECORD — HOUSE October 19, 2000 of the main dam, auxiliary dam and lock; portion of the project as an anchorage area: (100 Stat. 4098) and modified by section 337 of renovation of all operational aspects of the The portion lying northwesterly of a line the Water Resources Development Act of lock; and elevation of the main and auxiliary commencing at point N86,946.770, E321,303.830 1999 (113 Stat. 306–307), is further modified to dams. thence running northeasterly about 203.67 authorize the Secretary to provide the non- SEC. 319. SAINT JOSEPH RIVER, SOUTH BEND, IN- feet to a point N86,994.750, E321,501.770. Federal interests credit toward cash con- DIANA. SEC. 326. BRECKENRIDGE, MINNESOTA. tributions required— Section 321(a) of the Water Resources De- (a) MAXIMUM FEDERAL EXPENDITURE.—The (1) before, during, and after construction velopment Act of 1999 (113 Stat. 303) is maximum amount of Federal funds that may for planning, engineering and design, and amended— be expended for the project for flood control, construction management work that is per- (1) in the subsection heading by striking Breckenridge, Minnesota, carried out under formed by the non-Federal interests and that ‘‘TOTAL’’ and inserting ‘‘FEDERAL’’; and section 205 of the Flood Control Act of 1948 the Secretary determines is necessary to im- (2) by striking ‘‘total’’ and inserting ‘‘Fed- (33 U.S.C. 701s), shall be $10,500,000. plement the project; and eral’’. (b) REVISION OF PROJECT COOPERATION (2) during and after construction for the SEC. 320. MAYFIELD CREEK AND TRIBUTARIES, AGREEMENT.—The Secretary shall revise the costs of construction that the non-Federal KENTUCKY. project cooperation agreement for the interests carry out on behalf of the Sec- The project for flood control, Mayfield project described in subsection (a) to take retary and that the Secretary determines is Creek and tributaries, Kentucky, carried out into account the change in the Federal par- necessary to implement the project. under section 205 of the Flood Control Act of ticipation in the project in accordance with SEC. 332. PASSAIC RIVER BASIN FLOOD MANAGE- 1948 (33 U.S.C. 701s), is modified to provide this section. MENT, NEW JERSEY. (a) REEVALUATION OF FLOODWAY STUDY.— that the non-Federal interest shall not be re- SEC. 327. DULUTH HARBOR, MINNESOTA. quired to pay the unpaid balance, including The Secretary shall review the Passaic River The project for navigation, Duluth Harbor, Floodway Buyout Study, dated October 1995, interest, of the non-Federal share of the cost Minnesota, carried out under section 107 of of the project. conducted as part of the project for flood the River and Harbor Act of 1960 (33 U.S.C. control, Passaic River Main Stem, New Jer- SEC. 321. AMITE RIVER AND TRIBUTARIES, EAST 577), is modified to include the relocation of sey and New York, authorized by section BATON ROUGE PARISH, LOUISIANA. Scenic Highway 61, including any required 101(a)(18) of the Water Resources Develop- The project for flood damage reduction and bridge construction. ment Act of 1990 (104 Stat. 4607–4610), to cal- recreation, Amite River and Tributaries, SEC. 328. LITTLE FALLS, MINNESOTA. culate the benefits of a buyout and environ- East Baton Rouge Parish, Louisiana, author- The project for clearing, snagging, and mental restoration using the method used to ized by section 101(a)(21) of the Water Re- sediment removal, East Bank of the Mis- calculate the benefits of structural projects sources Development Act of 1999 (113 Stat. sissippi River, Little Falls, Minnesota, au- under section 308(b) of the Water Resources 277), is modified to provide that cost sharing thorized under section 3 of the Act entitled Development Act of 1990 (33 U.S.C. 2318(b)). for the project shall be determined in accord- ‘‘An Act authorizing the construction, re- (b) REEVALUATION OF 10-YEAR FLOODPLAIN ance with section 103(a) of the Water Re- pair, and preservation of certain public STUDY.—The Secretary shall review the Pas- sources Development Act of 1986 (33 U.S.C. works on rivers and harbors, and for other saic River Buyout Study of the 10-year flood- 2213), as in effect on October 11, 1996. purposes’’, approved March 2, 1945 (33 U.S.C. plain beyond the floodway of the Central SEC. 322. ATCHAFALAYA BASIN FLOODWAY SYS- 603a), is modified to direct the Secretary to Passaic River Basin, dated September 1995, TEM, LOUISIANA. construct the project substantially in ac- conducted as part of the Passaic River Main The Atchafalaya Basin Floodway System cordance with the plans contained in the fea- Stem project to calculate the benefits of a project, authorized by section 601 of the sibility report of the District Engineer, buyout and environmental restoration using Water Resources Development Act of 1986 dated June 2000. the method used to calculate the benefits of (100 Stat. 4142), is modified to authorize the SEC. 329. POPLAR ISLAND, MARYLAND. structural projects under section 308(b) of Secretary to construct the visitor center and the Water Resources Development Act of (a) IN GENERAL.—The project for beneficial 1990 (33 U.S.C. 2318(b)). other recreational features identified in the use of dredged material at Poplar Island, (c) PRESERVATION OF NATURAL STORAGE 1982 project feasibility report of the Corps of Maryland, authorized by section 537 of the AREAS.— Engineers at or near the Lake End Park in Water Resources Development Act of 1996 (1) IN GENERAL.—The Secretary shall re- Morgan City, Louisiana. (110 Stat. 3776), is modified to authorize the SEC. 323. ATCHAFALAYA RIVER, BAYOUS CHENE, evaluate the acquisition of wetlands in the Secretary to provide the non-Federal inter- Central Passaic River Basin for flood protec- BOEUF, AND BLACK, LOUISIANA. est credit toward cash contributions re- The project for navigation Atchafalaya tion purposes to supplement the wetland ac- quired— quisition authorized by section River and Bayous Chene, Boeuf, and Black, (1) before and during construction of the Louisiana, authorized by section 101 of the 101(a)(18)(C)(vi) of the Water Resources De- project, for the costs of planning, engineer- velopment Act of 1990 (104 Stat. 4609). River and Harbor Act of 1968 (82 Stat. 731), is ing, and design and for construction manage- modified to direct the Secretary to inves- (2) PURCHASE.—If the Secretary determines ment work that is performed by the non-Fed- that the acquisition of wetlands evaluated tigate the problems associated with the mix- eral interest and that the Secretary deter- ture of freshwater, saltwater, and fine river under paragraph (1) is cost-effective, the Sec- mines is necessary to implement the project; retary shall purchase the wetlands, with the silt in the channel and to develop and carry and out a solution to the problem if the Sec- goal of purchasing not more than 8,200 acres. (2) during construction of the project, for (d) STREAMBANK EROSION CONTROL retary determines that the work is tech- the costs of the construction that the non- STUDY.—The Secretary shall review relevant nically sound, environmentally acceptable, Federal interest carries out on behalf of the reports and conduct a study to determine the and economically justified. Secretary and that the Secretary determines feasibility of carrying out a project for envi- SEC. 324. RED RIVER WATERWAY, LOUISIANA. is necessary to carry out the project. ronmental restoration, erosion control, and The project for mitigation of fish and wild- (b) REDUCTION.—The private sector per- streambank restoration along the Passaic life loses, Red River Waterway, Louisiana, formance goals for engineering work of the River, from Dundee Dam to Kearny Point, authorized by section 601(a) of the Water Re- Baltimore District of the Corps of Engineers New Jersey. sources Development Act of 1986 (100 Stat. shall be reduced by the amount of the credit (e) PASSAIC RIVER FLOOD MANAGEMENT 4142) and modified by section 4(h) of the under paragraph (1). TASK FORCE.— Water Resources Development Act of 1988 SEC. 330. GREEN BROOK SUB-BASIN, RARITAN (1) ESTABLISHMENT.—The Secretary, in co- (102 Stat. 4016), section 102(p) of the Water RIVER BASIN, NEW JERSEY. operation with the non-Federal interest, Resources Development Act of 1990 (104 Stat. The project for flood control, Green Brook shall establish a task force, to be known as 4613), and section 301(b)(7) of the Water Re- Sub-Basin, Raritan River Basin, New Jersey, the ‘‘Passaic River Flood Management Task sources Development Act of 1996 (110 Stat. authorized by section 401(a) of the Water Re- Force’’, to provide advice to the Secretary 3710), is further modified to authorize the sources Development Act of 1986 (100 Stat. concerning reevaluation of the Passaic River Secretary to purchase mitigation lands in 4119), is modified to direct the Secretary to Main Stem project. any of the 7 parishes that make up the Red prepare a limited reevaluation report to de- (2) MEMBERSHIP.—The task force shall be River Waterway District, including the par- termine the feasibility of carrying out a non- composed of 22 members, appointed as fol- ishes of Caddo, Bossier, Red River, structural flood damage reduction project at lows: Natchitoches, Grant, Rapides, and Avoyelles. the Green Brook Sub-Basin. If the Secretary (A) APPOINTMENT BY SECRETARY.—The Sec- SEC. 325. THOMASTON HARBOR, GEORGES RIVER, determines that the nonstructural project is retary shall appoint 1 member to represent MAINE. feasible, the Secretary may carry out the the Corps of Engineers and to provide tech- The project for navigation, Georges River, nonstructural project. nical advice to the task force. Maine (Thomaston Harbor), authorized by SEC. 331. NEW YORK HARBOR AND ADJACENT (B) APPOINTMENTS BY GOVERNOR OF NEW the first section of the Act entitled ‘‘An Act CHANNELS, PORT JERSEY, NEW JER- JERSEY.—The Governor of New Jersey shall making appropriations for the construction, SEY. appoint 20 members to the task force, as fol- repair, and preservation of certain public The project for navigation, New York Har- lows: works on rivers and harbors, and for other bor and adjacent channels, Port Jersey, New (i) 2 representatives of the New Jersey leg- purposes’’, approved June 3, 1896 (29 Stat. Jersey, authorized by section 202(b) of the islature who are members of different polit- 215), is modified to redesignate the following Water Resources Development Act of 1986 ical parties.

VerDate 02-OCT-2000 00:55 Oct 20, 2000 Jkt 089060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\CR\FM\A19OC7.008 pfrm01 PsN: H19PT1 October 19, 2000 CONGRESSIONAL RECORD — HOUSE H10329 (ii) 3 representatives of the State of New Water Resources Development Act of 1996 ginia, the Secretary may reallocate, under Jersey. (110 Stat. 3665), is modified to authorize the section 322 of the Water Resources Develop- (iii) 1 representative of each of Bergen, Secretary carry out the project at a total ment Act of 1990 (104 Stat. 4643–4644), water Essex, Morris, and Passaic Counties, New cost of $36,323,000, with an estimated Federal supply storage space in the John Flannagan Jersey. cost of $27,242,000 and an estimated non-Fed- Reservoir, Dickenson County, Virginia, suffi- (iv) 6 representatives of governments of eral cost of $9,081,000. cient to yield water withdrawals in amounts municipalities affected by flooding within SEC. 336. ASTORIA, OREGON. not to exceed 3,000,000 gallons per day in the Passaic River Basin. The project for navigation, Columbia order to provide water for the communities (v) 1 representative of the Palisades Inter- River, Astoria, Oregon, authorized by the in Buchanan, Dickenson, and Russell Coun- state Park Commission. first section of the Act entitled ‘‘An Act au- ties, Virginia, notwithstanding the limita- (vi) 1 representative of the North Jersey thorizing the construction, repair, and pres- tion in section 322(b) of such Act. District Water Supply Commission. ervation of certain public works on rivers SEC. 342. SANDBRIDGE BEACH, VIRGINIA BEACH, (vii) 1 representative of each of— and harbors, and for other purposes’’, ap- VIRGINIA. (I) the Association of New Jersey Environ- proved July 24, 1946 (60 Stat. 637), is modified The project for beach erosion control and mental Commissions; to provide that the Federal share of the cost hurricane protection, Sandbridge Beach, Vir- (II) the Passaic River Coalition; and of relocating causeway and mooring facili- ginia Beach, Virginia, authorized by section (III) the Sierra Club. ties located at the Astoria East Boat Basin 101(22) of the Water Resources Development Act of 1992 (106 Stat. 4804), is modified to di- (C) APPOINTMENT BY GOVERNOR OF NEW shall be 100 percent but shall not exceed rect the Secretary to provide 50 years of YORK.—The Governor of New York shall ap- $500,000. periodic beach nourishment beginning on the point 1 representative of the State of New SEC. 337. NONCONNAH CREEK, TENNESSEE AND date on which construction of the project York to the task force. MISSISSIPPI. was initiated in 1998. (3) MEETINGS.— The project for flood control, Nonconnah SEC. 343. WALLOPS ISLAND, VIRGINIA. (A) REGULAR MEETINGS.—The task force Creek, Tennessee and Mississippi, authorized Section 567(c) of the Water Resources De- shall hold regular meetings. by section 401(a) of the Water Resources De- velopment Act of 1999 (113 Stat. 367) is (B) OPEN MEETINGS.—The meetings of the velopment Act of 1986 (100 Stat. 4124), is amended by striking ‘‘$8,000,000’’ and insert- task force shall be open to the public. modified to authorize the Secretary, if the ing ‘‘$20,000,000’’. (4) ANNUAL REPORT.—The task force shall Secretary determines that it is feasible— SEC. 344. COLUMBIA RIVER, WASHINGTON. submit annually to the Secretary and to the (1) to extend the area protected by the (a) IN GENERAL.—The project for naviga- non-Federal interest a report describing the flood control element of the project up- tion, Columbia River, Washington, author- achievements of the Passaic River flood stream approximately 5 miles to Reynolds ized by the first section of the Act entitled management project in preventing flooding Road; and (2) to extend the hiking and biking trails of ‘‘An Act making appropriations for the con- and any impediments to completion of the struction, repair, and preservation of certain project. the recreational element of the project from 8.8 to 27 miles. public works on rivers and harbors, and for (5) EXPENDITURE OF FUNDS.—The Secretary other purposes’’, approved June 13, 1902 (32 may use funds made available to carry out SEC. 338. BOWIE COUNTY LEVEE, TEXAS. The project for flood control, Red River Stat. 369), is modified to direct the Sec- the Passaic River Basin flood management retary, in the operation and maintenance of below Denison Dam, Texas and Oklahoma, project to pay the administrative expenses of the project, to mitigate damages to the authorized by section 10 of the Flood Control the task force. shoreline of Puget Island, at a total cost of Act of 1946 (60 Stat. 647), is modified to direct (6) TERMINATION.—The task force shall ter- $1,000,000. the Secretary to implement the Bowie Coun- minate on the date on which the Passaic (b) ALLOCATION.—The cost of the mitiga- River flood management project is com- ty levee feature of the project in accordance tion shall be allocated as an operation and pleted. with the plan described as Alternative B in maintenance cost of the Federal navigation (f) ACQUISITION OF LANDS IN THE the draft document entitled ‘‘Bowie County project. Local Flood Protection, Red River, Texas FLOODWAY.—Section 1148 of the Water Re- SEC. 345. MOUNT ST. HELENS, WASHINGTON. Project Design Memorandum No. 1, Bowie sources Development Act of 1986 (100 Stat. The project for sediment control, Mount 4254; 110 Stat. 3718–3719), is amended by add- County Levee’’, dated April 1997. In evalu- St. Helens, Washington, authorized by chap- ing at the end the following: ating and implementing the modification, ter IV of title I of the Supplemental Appro- ‘‘(e) CONSISTENCY WITH NEW JERSEY BLUE the Secretary shall allow the non-Federal in- priations Act, 1985 (99 Stat. 318–319), is modi- ACRES PROGRAM.—The Secretary shall carry terest to participate in the financing of the fied to authorize the Secretary to provide out this section in a manner that is con- project in accordance with section 903(c) of such cost-effective, environmentally accept- sistent with the Blue Acres Program of the the Water Resources Development Act of able measures as are necessary to maintain State of New Jersey.’’. 1986 (100 Stat. 4184) to the extent that the the flood protection levels for Longview, (g) STUDY OF HIGHLANDS LAND CONSERVA- Secretary’s evaluation of the modification Kelso, Lexington, and Castle Rock on the TION.—The Secretary, in cooperation with indicates that applying such section is nec- Cowlitz River, Washington, identified in the the Secretary of Agriculture and the State of essary to implement the modification. October 1985 report of the Chief of Engineers New Jersey, may study the feasibility of con- SEC. 339. SAN ANTONIO CHANNEL, SAN ANTONIO, entitled ‘‘Mount St. Helens, Washington, De- serving land in the Highlands region of New TEXAS. cision Document (Toutle, Cowlitz, and Co- The project for flood control, San Antonio Jersey and New York to provide additional lumbia Rivers)’’, printed as House Document channel, Texas, authorized by section 203 of flood protection for residents of the Passaic number 99–135. the Flood Control Act of 1954 (68 Stat. 1259) River Basin in accordance with section 212 of SEC. 346. RENTON, WASHINGTON. as part of the comprehensive plan for flood the Water Resources Development Act of (a) MAXIMUM FEDERAL EXPENDITURE.—The protection on the Guadalupe and San Anto- 1999 (33 U.S.C. 2332). maximum amount of Federal funds that may nio Rivers in Texas, and modified by section (h) RESTRICTION ON USE OF FUNDS.—The be expended for the project for flood control, 103 of the Water Resources Development Act Secretary shall not obligate any funds to Renton, Washington, carried out under sec- of 1976 (90 Stat. 2921), is further modified to carry out design or construction of the tun- tion 205 of the Flood Control Act of 1948, include environmental restoration and recre- nel element of the Passaic River Main Stem shall be $5,300,000. ation as project purposes. project. (b) REVISION OF PROJECT COOPERATION SEC. 340. BUCHANAN AND DICKENSON COUNTIES, AGREEMENT.—The Secretary shall revise the SEC. 333. TIMES BEACH NATURE PRESERVE, BUF- VIRGINIA. FALO, NEW YORK. project cooperation agreement for the The project for flood control, Levisa and project described in subsection (a) to take The project for improving the quality of Tug Forks of the Big Sandy River and Upper the environment, Times Beach Nature Pre- into account the change in the Federal par- Cumberland River, authorized by section 202 ticipation in the project in accordance with serve, Buffalo, New York, carried out under of the Energy and Water Development Ap- section 1135 of the Water Resources Develop- this section. propriations Act, 1981 (94 Stat. 1339), and (c) REIMBURSEMENT.—The Secretary may ment Act of 1986 (33 U.S.C. 2309a), is modified modified by section 352 of the Water Re- reimburse the non-Federal interest for the to include recreation as a project purpose. sources Development Act of 1996 (110 Stat. project described in subsection (a) for costs SEC. 334. GARRISON DAM, NORTH DAKOTA. 3724–3725), is further modified to direct the incurred to mitigate overdredging. The Garrison Dam, North Dakota, feature Secretary to determine the ability of Bu- SEC. 347. GREENBRIER BASIN, WEST VIRGINIA. of the project for flood control, Missouri chanan and Dickenson Counties, Virginia, to Section 579(c) of the Water Resources De- River Basin, authorized by section 9(a) of the pay the non-Federal share of the cost of the velopment Act of 1996 (110 Stat. 3790) is Flood Control Act of December 22, 1944 (58 project based solely on the criteria specified amended by striking ‘‘$12,000,000’’ and insert- Stat. 891), is modified to direct the Secretary in section 103(m)(3)(A)(i) of the Water Re- ing ‘‘$73,000,000’’. to mitigate damage to the water trans- sources Development Act of 1986 (33 U.S.C. SEC. 348. LOWER MUD RIVER, MILTON, WEST VIR- mission line for Williston, North Dakota, at 2213(m)(3)(A)(i)). GINIA. Federal expense and a total cost of $3,900,000. SEC. 341. BUCHANAN, DICKENSON, AND RUSSELL The project for flood damage reduction, SEC. 335. DUCK CREEK, OHIO. COUNTIES, VIRGINIA. Lower Mud River, Milton, West Virginia, au- The project for flood control, Duck Creek, At the request of the John Flannagan thorized by section 580 of the Water Re- Ohio, authorized by section 101(a)(24) of the Water Authority, Dickenson County, Vir- sources Development Act of 1996 (110 Stat.

VerDate 02-OCT-2000 00:55 Oct 20, 2000 Jkt 089060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\A19OC7.008 pfrm01 PsN: H19PT1 H10330 CONGRESSIONAL RECORD — HOUSE October 19, 2000 3790), is modified to direct the Secretary to tion channel 12 feet deep by 125 feet wide (4) South 18°40′45′′ East a distance of 223.00 carry out the project substantially in ac- from mile ¥2.5 (at the junction with the feet; cordance with the plans, and subject to the Houston Ship Channel) to mile 11.0 on Cedar (5) South 22°29′36′′ East a distance of 150.35 conditions, described in the watershed plan Bayou. feet; prepared by the Natural Resources Conserva- (b) REDESIGNATION.—The following portion (6) South 18°40′45′′ East a distance of 512.00 tion Service for the project, dated 1992. of the 11-foot channel of the project for navi- feet; SEC. 349. WATER QUALITY PROJECTS. gation, Narraguagus River, Milbridge, (7) South 16°49′53′′ East a distance of 260.12 Section 307(a) of the Water Resources De- Maine, referred to in subsection (a)(1) is re- feet; velopment Act of 1992 (106 Stat. 4841) is designated as anchorage: starting at a point (8) South 18°34′20′′ East a distance of 793.00 amended by striking ‘‘Jefferson and Orleans with coordinates N248,413.92, E668,000.24, feet; Parishes’’ and inserting ‘‘Jefferson, Orleans, thence running south 20 degrees 09 minutes (9) South 71°23′35′′ West a distance of 4.00 and St. Tammany Parishes’’. 57.8 seconds east 1325.205 feet to a point feet; N247,169.95, E668,457.09, thence running north ° ′ ′′ SEC. 350. PROJECT REAUTHORIZATIONS. (10) South 18 13 24 East a distance of 132.00 51 degrees 30 minutes 05.7 seconds west 562.33 feet; (a) IN GENERAL.—Each of the following feet to a point N247,520.00, E668,017.00, thence ° ′ ′′ projects may be carried out by the Sec- (11) North 71 23 35 East a distance of 4.67 running north 01 degrees 04 minutes 26.8 sec- retary, and no construction on any such feet; onds west 894.077 feet to the point of origin. (12) South 18°30′00′′ East a distance of 38.00 project may be initiated until the Secretary feet; determines that the project is technically SEC. 351. CONTINUATION OF PROJECT AUTHOR- IZATIONS. (13) South 71°23′35′′ West a distance of 4.86 sound, environmentally acceptable, and eco- (a) IN GENERAL.—Notwithstanding section feet; nomically justified, as appropriate: 1001(b)(2) of the Water Resources Develop- (14) South 18°13′24′′ East a distance of 160.00 (1) NARRAGUAGUS RIVER, MILBRIDGE, ment Act of 1986 (33 U.S.C. 579a(b)(2)), the feet; MAINE.—Only for the purpose of maintenance following projects shall remain authorized to (15) South 71°23′35′′ East a distance of 9.80 as anchorage, those portions of the project be carried out by the Secretary: feet; for navigation, Narraguagus River, (1) The projects for flood control, Sac- (16) South 18°36′25′′ East a distance of 159.00 Milbridge, Maine, authorized by section 2 of ramento River, California, modified by sec- feet; the Act entitled ‘‘An Act making appropria- tion 10 of the Flood Control Act of December (17) South 71°23′35′′ West a distance of 3.89 tions for the construction, repair, comple- 22, 1944 (58 Stat. 900–901). feet; tion, and preservation of certain works on (2) The project for flood protection, Sac- (18) South 18°34′20′′ East a distance of 180.00 rivers and harbors, and for other purposes’’, ramento River from Chico Landing to Red feet; approved June 14, 1880 (21 Stat. 195), and de- Bluff, California, authorized by section 203 of (19) South 20°56′05′′ East a distance of 138.11 authorized under section 101 of the River and the Flood Control Act of 1958 (72 Stat. 314). feet; Harbor Act of 1962 (75 Stat. 1173), lying adja- (b) LIMITATION.—A project described in (20) South 22°53′55′′ East a distance of 272.45 cent to and outside the limits of the 11-foot subsection (a) shall not be authorized for feet to a point on the westerly highway and 9-foot channel authorized as part of the construction after the last day of the 7-year boundary of Hamburg Turnpike. project for navigation, authorized by such period beginning on the date of enactment of Thence southerly along the westerly high- section 101, as follows: this Act, unless, during such period, funds way boundary of Hamburg Turnpike, South (A) An area located east of the 11-foot have been obligated for the construction (in- 18°36′25′′ East, a distance of 2228.31 feet; channel starting at a point with coordinates cluding planning and design) of the project. thence along the westerly highway boundary N248,060.52, E668,236.56, thence running south SEC. 352. DECLARATION OF NONNAVIGABILITY of Hamburg Turnpike as appropriated by the 36 degrees 20 minutes 52.3 seconds east FOR LAKE ERIE, NEW YORK. New York State Department of Public Works 1567.242 feet to a point N246,798.21, E669,165.44, (a) AREA TO BE DECLARED NONNAVIGABLE; as shown on Map No. 27 Parcel No. 31 the fol- thence running north 51 degrees 30 minutes PUBLIC INTEREST.—Unless the Secretary lowing 2 courses and distances: 06.2 seconds west 839.855 feet to a point finds, after consultation with local and re- (1) South 16°17′25′′ East a distance of 74.93 N247,321.01, E668,508.15, thence running north gional public officials (including local and feet; 20 degrees 09 minutes 58.1 seconds west regional public planning organizations), that (2) along a curve to the right having a ra- 787.801 feet to the point of origin. the proposed projects to be undertaken with- dius of 1004.74 feet; a chord distance of 228.48 (B) An area located west of the 9-foot chan- in the boundaries in the portions of Erie feet along a chord bearing of South 08°12′16′′ nel starting at a point with coordinates County, New York, described in subsection East, a distance of 228.97 feet to a point on N249,673.29, E667,537.73, thence running south (b), are not in the public interest then, sub- the westerly highway boundary of Hamburg 20 degrees 09 minutes 57.8 seconds east ject to subsection (c), those portions of such Turnpike. 1341.616 feet to a point N248,413.92, E668,000.24, county that were once part of Lake Erie and Thence southerly along the westerly high- thence running south 01 degrees 04 minutes are now filled are declared to be nonnav- way boundary of Hamburg Turnpike, South 26.8 seconds east 371.688 feet to a point igable waters of the United States. 4°35′35′′ West a distance of 940.87 feet; thence N248,042.30, E668,007.21, thence running north (b) BOUNDARIES.—The portion of Erie Coun- along the westerly highway boundary of 22 degrees 21 minutes 20.8 seconds west ty, New York, referred to in subsection (a) Hamburg Turnpike as appropriated by the 474.096 feet to a point N248,480.76, E667,826.88, are all that tract or parcel of land, situate in New York State Department of Public Works thence running north 79 degrees 09 minutes the Town of Hamburg and the City of Lacka- as shown on Map No. 1 Parcel No. 1 and Map 31.6 seconds east 100.872 feet to a point wanna, County of Erie, State of New York, No. 5 Parcel No. 7 the following 18 courses N248,499.73, E667,925.95, thence running north being part of Lots 12, 13, 14, 15, 16, 17, 18, 19, and distances: 13 degrees 47 minutes 27.6 seconds west 95.126 20, 21, 22, 23, 24, and 25 of the Ogden Gore (1) North 85°24′25′′ West a distance of 1.00 feet to a point N248,592.12, E667,903.28, thence Tract and part of Lots 23, 24, and 36 of the feet; running south 79 degrees 09 minutes 31.6 sec- Buffalo Creek Reservation, Township 10, (2) South 7°01′17′′ West a distance of 170.15 onds west 115.330 feet to a point N248,570.42, Range 8 of the Holland Land Company’s Sur- feet; E667,790.01, thence running north 22 degrees vey and more particularly bounded and de- (3) South 5°02′54′′ West a distance of 180.00 21 minutes 20.8 seconds west 816.885 feet to a scribed as follows: feet; point N249,325.91, E667,479.30, thence running Beginning at a point on the westerly high- (4) North 85°24′25′′ West a distance of 3.00 north 07 degrees 03 minutes 00.3 seconds west way boundary of Hamburg Turnpike (66.0 feet; 305.680 feet to a point N249,629.28, E667,441.78, feet wide), said point being 547.89 feet South (5) South 5°02′54′′ West a distance of 260.00 thence running north 65 degrees 21 minutes 19°36′46′′ East from the intersection of the feet; 33.8 seconds east 105.561 feet to the point of westerly highway boundary of Hamburg (6) South 5°09′11′′ West a distance of 110.00 origin. Turnpike (66.0 feet wide) and the northerly feet; (2) CEDAR BAYOU, TEXAS.—The project for line of the City of Lackawanna (also being (7) South 0°34′35′′ West a distance of 110.27 navigation, Cedar Bayou, Texas, authorized the southerly line of the City of Buffalo); feet; by the first section of the Act entitled ‘‘An thence South 19°36′46′′ East along the west- (8) South 4°50′37′′ West a distance of 220.00 Act making appropriations for the construc- erly highway boundary of Hamburg Turnpike feet; tion, repair, and preservation of certain pub- (66.0 feet wide) a distance of 628.41 feet; (9) South 4°50′37′′ West a distance of 365.00 lic works on rivers and harbors, and for other thence along the westerly highway boundary feet; purposes’’, approved September 19, 1890 (26 of Hamburg Turnpike as appropriated by the (10) South 85°24′25′′ East a distance of 5.00 Stat. 444), and modified by the first section New York State Department of Public Works feet; of the Act entitled ‘‘An Act authorizing the as shown on Map No. 40–R2, Parcel No. 44 the (11) South 4°06′20′′ West a distance of 67.00 construction, repair, and preservation of cer- following 20 courses and distances: feet; tain public works on rivers and harbors, and (1) South 10°00′07′′ East a distance of 164.30 (12) South 6°04′35′′ West a distance of 248.08 for other purposes’’, approved July 3, 1930 (46 feet; feet; Stat. 926), and deauthorized by section 1002 of (2) South 18°40′45′′ East a distance of 355.00 (13) South 3°18′27′′ West a distance of 52.01 the Water Resources Development Act of feet; feet; 1986 (100 Stat. 4219), except that the project is (3) South 71°23′35′′ West a distance of 2.00 (14) South 4°55′58′′ West a distance of 133.00 authorized only for construction of a naviga- feet; feet;

VerDate 02-OCT-2000 00:55 Oct 20, 2000 Jkt 089060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\A19OC7.008 pfrm01 PsN: H19PT1 October 19, 2000 CONGRESSIONAL RECORD — HOUSE H10331 (15) North 85°24′25′′ West a distance of 1.00 (17) North 2°46′36′′ West a distance of 65.54 (1) South 18°44′53′′ East a distance of 623.56 feet; feet; feet; (16) South 4°55′58′′ West a distance of 45.00 (18) North 16°01′08′′ West a distance of 70.04 (2) South 34°33′00′′ East a distance of 200.00 feet; feet; feet; (17) North 85°24′25′′ West a distance of 7.00 (19) North 49°07′00′′ West a distance of 79.00 (3) South 26°18′55′′ East a distance of 500.00 feet; feet; feet; (18) South 4°56′12′′ West a distance of 90.00 (20) North 19°16′00′′ West a distance of 425.00 (4) South 19°06′40′′ East a distance of 1074.29 feet. feet; feet; Thence continuing along the westerly high- (21) North 16°37′00′′ West a distance of 285.00 (5) South 28°03′18′′ East a distance of 242.44 way boundary of Lake Shore Road as appro- feet; feet; priated by the New York State Department (22) North 25°20′00′′ West a distance of 360.00 (6) South 18°38′50′′ East a distance of 1010.95 of Public Works as shown on Map No. 7, Par- feet; feet; cel No. 7 the following 2 courses and dis- (23) North 33°00′00′′ West a distance of 230.00 (7) North 71°20′51′′ East a distance of 90.42 tances: feet; feet; (1) South 4°55′58′′ West a distance of 127.00 (24) North 32°40′00′′ West a distance of 310.00 (8) South 18°49′20′′ East a distance of 158.61 feet; feet; feet; (2) South 2°29′25′′ East a distance of 151.15 (25) North 27°10′00′′ West a distance of 130.00 (9) South 80°55′10′′ East a distance of 45.14 feet to a point on the westerly former high- feet; feet; way boundary of Lake Shore Road. (26) North 23°20′00′′ West a distance of 315.00 (10) South 18°04′45′′ East a distance of 52.13 Thence southerly along the westerly for- feet; feet; merly highway boundary of Lake Shore (27) North 18°20′04′′ West a distance of 302.92 (11) North 71°07′23′′ East a distance of 102.59 Road, South 4°35′35′′ West a distance of 148.90 feet; feet; feet; thence along the westerly highway (28) North 20°15′48′′ West a distance of 387.18 (12) South 18°41′40′′ East a distance of 63.00 boundary of Lake Shore Road as appro- feet; feet; priated by the New York State Department (29) North 14°20′00′′ West a distance of 530.00 (13) South 71°07′23′′ West a distance of 240.62 of Public Works as shown on Map No. 7, Par- feet; feet; cel No. 8 the following 3 courses and dis- (30) North 16°40′00′′ West a distance of 260.00 (14) South 18°38′50′′ East a distance of 668.13 tances: feet; feet; (1) South 55°34′35′′ West a distance of 12.55 (31) North 28°35′00′′ West a distance of 195.00 (15) North 71°28′46′′ East a distance of 958.68 feet; feet; feet; (2) South 4°35′35′′ West a distance of 118.50 (32) North 18°30′00′′ West a distance of 170.00 (16) North 18°42′31′′ West a distance of feet; feet; 1001.28 feet; (3) South 3°04′00′′ West a distance of 62.95 (33) North 26°30′00′′ West a distance of 340.00 (17) South 71°17′29′′ West a distance of 168.48 feet to a point on the south line of the lands feet; feet; of South Buffalo Railway Company. (34) North 32°07′52′′ West a distance of 232.38 (18) North 18°42′31′′ West a distance of 642.00 Thence southerly and easterly along the feet; feet; lands of South Buffalo Railway Company the (35) North 30°04′26′′ West a distance of 17.96 (19) North 71°17′37′′ East a distance of 17.30 following 5 courses and distances: feet; feet; (1) North 89°25′14′′ West a distance of 697.64 (36) North 23°19′13′′ West a distance of 111.23 (20) North 18°42′31′′ West a distance of 574.67 feet; feet; feet; (2) along a curve to the left having a radius (37) North 7°07′58′′ West a distance of 63.90 (21) North 71°17′29′′ East a distance of 151.18 of 645.0 feet; a chord distance of 214.38 feet feet; feet; along a chord bearing of South 40°16′48′′ West, (38) North 8°11′02′′ West a distance of 378.90 (22) North 18°42′31′′West a distance of 1156.43 a distance of 215.38 feet; feet; feet; (3) South 30°42′49′′ West a distance of 76.96 (39) North 15°01′02′′ West a distance of 190.64 (23) North 71°29′21′′ East a distance of 569.24 feet; feet; feet; (4) South 22°06′03′′ West a distance of 689.43 (40) North 2°55′00′′ West a distance of 170.00 (24) North 18°30′39′′ West a distance of 314.71 feet; feet; feet; (5) South 36°09′23′′ West a distance of 30.93 (41) North 6°45′00′′ West a distance of 240.00 (25) North 70°59′36′′ East a distance of 386.47 feet to the northerly line of the lands of Buf- feet; feet; falo Crushed Stone, Inc. (42) North 0°10′00′′ East a distance of 465.00 (26) North 18°30′39′′ West a distance of 70.00 Thence North 87°13′38′′ West a distance of feet; feet; 2452.08 feet to the shore line of Lake Erie; (43) North 2°00′38′′ West a distance of 378.58 (27) North 70°59′36′′ East a distance of 400.00 thence northerly along the shore of Lake feet to the northerly line of Letters Patent feet to the place or point of beginning. Erie the following 43 courses and distances: dated February 21, 1968 and recorded in the Containing 1,142.958 acres. (1) North 16°29′53′′ West a distance of 267.84 Erie County Clerk’s Office under Liber 7453 (c) LIMITS ON APPLICABILITY; REGULATORY feet; of Deeds at Page 45. REQUIREMENTS.—The declaration under sub- (2) North 24°25′00′′ West a distance of 195.01 Thence North 71°23′35′′ East along the north section (a) shall apply to those parts of the feet; line of the aforementioned Letters Patent a areas described in subsection (b) which are filled portions of Lake Erie. Any work on (3) North 26°45′00′′ West a distance of 250.00 distance of 154.95 feet to the shore line; these filled portions is subject to all applica- feet; thence along the shore line the following 6 ble Federal statutes and regulations, includ- (4) North 31°15′00′′ West a distance of 205.00 courses and distances: ing sections 9 and 10 of the Act of March 3, feet; (1) South 80°14′01′′ East a distance of 119.30 ° ′ ′′ 1899 (30 Stat. 1151; 33 U.S.C. 401 and 403), com- (5) North 21 35 00 West a distance of 110.00 feet; monly known as the River and Harbors Ap- ° ′ ′′ feet; (2) North 46 15 13 East a distance of 47.83 propriation Act of 1899, section 404 of the ° ′ ′′ (6) North 44 00 53 West a distance of 26.38 feet; Federal Water Pollution Control Act (33 ° ′ ′′ feet; (3) North 59 53 02 East a distance of 53.32 U.S.C. 1344), and the National Environmental ° ′ ′′ (7) North 33 49 18 West a distance of 74.86 feet; Policy Act of 1969. feet; (4) North 38°20′43′′ East a distance of 27.31 (d) EXPIRATION DATE.—If, 20 years from the (8) North 34°26′26′′ West a distance of 12.00 feet; date of enactment of this Act, any area or feet; (5) North 68°12′46′′ East a distance of 48.67 part thereof described in subsection (a) of (9) North 31°06′16′′ West a distance of 72.06 feet; this section is not occupied by permanent feet; (6) North 26°11′47′′ East a distance of 11.48 structures in accordance with the require- (10) North 22°35′00′′ West a distance of 150.00 feet to the northerly line of the aforemen- ments set out in subsection (c) of this sec- feet; tioned Letters Patent. tion, or if work in connection with any ac- (11) North 16°35′00′′ West a distance of 420.00 Thence along the northerly line of said Let- tivity permitted in subsection (c) is not com- feet; ters Patent, North 71°23′35′′ East a distance menced within 5 years after issuance of such (12) North 21°l0′00′′ West a distance of 440.00 of 1755.19 feet; thence South 35°27′25′′ East a permits, then the declaration of nonnaviga- feet; distance of 35.83 feet to a point on the U.S. bility for such area or part thereof shall ex- (13) North 17°55′00′′ West a distance of 340.00 Harbor Line; thence, North 54°02′35′′ East pire. feet; along the U.S. Harbor Line a distance of SEC. 353. PROJECT DEAUTHORIZATIONS. (14) North 28°05′00′′ West a distance of 375.00 200.00 feet; thence continuing along the U.S. (a) IN GENERAL.—The following projects or feet; Harbor Line, North 50°01′45′′ East a distance portions of projects are not authorized after (15) North 16°25′00′′ West a distance of 585.00 of 379.54 feet to the westerly line of the lands the date of enactment of this Act: feet; of Gateway Trade Center, Inc.; thence along (1) BLACK WARRIOR AND TOMBIGBEE RIVERS, (16) North 22°10′00′′ West a distance of 160.00 the lands of Gateway Trade Center, Inc. the JACKSON, ALABAMA.—The project for naviga- feet; following 27 courses and distances: tion, Black Warrior and Tombigbee Rivers,

VerDate 02-OCT-2000 00:55 Oct 20, 2000 Jkt 089060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\CR\FM\A19OC7.008 pfrm01 PsN: H19PT1 H10332 CONGRESSIONAL RECORD — HOUSE October 19, 2000 vicinity of Jackson, Alabama, authorized by N438,874.02, E810,206.72, thence running north- (F) North 3 degrees, 33 minutes, 25 seconds section 106 of the Energy and Water Develop- easterly about 400.00 feet to coordinates East 145.04 feet (coordinate: N 682,300.86 E ment Appropriations Act, 1987 (100 Stat. 3341– N439,170.07, E810,475,70, thence running south- 639,005.80). 199). westerly about 447.21 feet to the point of ori- (b) ROCKPORT HARBOR, MASSACHUSETTS.— (2) SACRAMENTO DEEP WATER SHIP CHANNEL, gin. The project for navigation, Rockport Harbor, CALIFORNIA.—The portion of the project for (7) DULUTH-SUPERIOR HARBOR, MINNESOTA Massachusetts, carried out under section 107 navigation, Sacramento Deep Water Ship AND WISCONSIN.—The portion of the project of the River and Harbor Act of 1960 (33 U.S.C. Channel, California, authorized by section for navigation, Duluth-Superior Harbor, 577), is modified— 202(a) of the Water Resources Development Minnesota and Wisconsin, authorized by the (1) to redesignate a portion of the 8-foot Act of 1986 (100 Stat. 4092), beginning from first section of the Act entitled ‘‘An Act north outer anchorage as part of the 8-foot the confluence of the Sacramento River and making appropriations for the construction, approach channel to the north inner basin the Barge Canal to a point 3,300 feet west of repair, and preservation of certain public described as follows: the perimeter of the the William G. Stone Lock western gate (in- works on rivers and harbors, and for other area starts at a point with coordinates cluding the William G. Stone Lock and the purposes’’, approved June 3, 1896 (29 Stat. N605,792.110, E838,020.009, thence running Bascule Bridge and Barge Canal). All waters 212), known as the 21st Avenue West Channel, south 89 degrees 12 minutes 27.1 seconds east within such portion of the project are de- beginning at the most southeasterly point of 64.794 feet to a point N605,791.214, E838,084.797, clared to be nonnavigable waters of the the channel N423074.09, E2871635.43 thence thence running south 47 degrees 18 minutes United States solely for purposes of the Gen- running north-northwest about 1854.83 feet 54.0 seconds west 40.495 feet to a point eral Bridge Act of 1946 (33 U.S.C. 525 et seq.) along the easterly limit of the project to a N605,763.760, E838,055.030, thence running and section 9 of the Act of March 3, 1899 (33 point N424706.69, E2870755.48, thence running north 68 degrees 26 minutes 49.0 seconds west U.S.C. 401), commonly known as the Rivers northwesterly about 111.07 feet to a point on 43.533 feet to a point N605,779.750, E838,014.540, and Harbors Appropriation Act of 1899. the northerly limit of the project N424777.27, thence running north 23 degrees 52 minutes (3) BAY ISLAND CHANNEL, QUINCY, ILLINOIS.— E2870669.46, thence west-southwest 157.88 feet 08.4 seconds east 13.514 feet to the point of or- The access channel across Bay Island into along the north limit of the project to a igin; and Quincy Bay at Quincy, Illinois, constructed point N424703.04, E2870530.38, thence south- (2) to realign a portion of the 8-foot north under section 107 of the River and Harbor inner basin approach channel by adding an Act of 1960 (33 U.S.C. 577). southeast 1978.27 feet to the most southwest- erly point N422961.45, E2871469.07, thence area described as follows: the perimeter of (4) WARSAW BOAT HARBOR, ILLINOIS.—The northeasterly 201.00 feet along the southern the area starts at a point with coordinates portion of the project for navigation, Illinois N605,792.637, E837,981.920, thence running Waterway, Illinois and Indiana, authorized limit of the project to the point of origin. (8) TREMLEY POINT, NEW JERSEY.—The por- south 89 degrees 12 minutes 27.1 seconds east by section 101 of the River and Harbor Act of 38.093 feet to a point N605,792.110, E838,020.009, 1962 (76 Stat. 1175), known as the Warsaw tion of the Federal navigation channel, New York and New Jersey Channels, New York thence running south 23 degrees 52 minutes Boat Harbor, Illinois. 08.4 seconds west 13.514 feet to a point (5) ROCKPORT HARBOR, ROCKPORT, MASSA- and New Jersey, authorized by the first sec- tion of the Act entitled ‘‘An Act authorizing N605,779.752, E838,014.541, thence running CHUSETTS.—The following portions of the north 68 degrees 26 minutes 49.0 seconds west project for navigation, Rockport Harbor, the construction, repair, and preservation of 35.074 feet to the point of origin. Massachusetts, carried out under section 107 certain public works on rivers and harbors, of the River and Harbor Act of 1960 (33 U.S.C. and for other purposes’’, approved August 30, SEC. 354. WYOMING VALLEY, PENNSYLVANIA. 577): 1935 (49 Stat. 1028), and modified by section (a) IN GENERAL.—The project for flood con- (A) The portion of the 10-foot harbor chan- 101 of the River and Harbor Act of 1950 (64 trol, Wyoming Valley, Pennsylvania, author- nel the boundaries of which begin at a point Stat. 164), that consists of a 35-foot deep ized by section 401(a) of the Water Resources with coordinates N605,741.948, E838,031.378, channel beginning at a point along the west- Development Act of 1986 (100 Stat. 4124) is thence running north 36 degrees 04 minutes ern limit of the authorized project, modified as provided in this section. 40.9 seconds east 123.386 feet to a point N644100.411, E129256.91, thence running south- (b) ADDITIONAL PROJECT ELEMENTS.—The N605,642.226, E838,104.039, thence running easterly about 38.25 feet to a point Secretary shall construct each of the fol- south 05 degrees 08 minutes 35.1 seconds east N644068.885, E129278.565, thence running lowing additional elements of the project to 24.223 feet to a point N605,618.100, E838,106.210, southerly about 1,163.86 feet to a point the extent that the Secretary determines thence running north 41 degrees 05 minutes N642912.127, E129150.209, thence running that the element is technically feasible, en- 10.9 seconds west 141.830 feet to a point southwesterly about 56.89 feet to a point vironmentally acceptable, and economically N605,725.000, E838,013.000, thence running N642864.09, E2129119.725, thence running justified: north 47 degrees 19 minutes 04.1 seconds east northerly along the existing western limit of (1) The River Commons plan developed by 25.000 feet to the point of origin. the existing project to the point of origin. the non-Federal sponsor for both sides of the (B) The portion of the 8-foot north basin (9) ANGOLA, NEW YORK.—The project for Susquehanna River beside historic downtown entrance channel the boundaries of which erosion protection, Angola Water Treatment Wilkes-Barre. begin at a point with coordinates Plant, Angola, New York, constructed under (2) Necessary portal modifications to the N605,742.699, E837,977.129, thence running section 14 of the Flood Control Act of 1946 (33 project to allow at grade access from Wilkes- south 89 degrees 12 minutes 27.1 seconds east U.S.C. 701r). Barre to the Susquehanna River to facilitate 54.255 feet to a point N605,741.948, E838,031.378, (10) WALLABOUT CHANNEL, BROOKLYN, NEW operation, maintenance, replacement, repair, thence running south 47 degrees 19 minutes YORK.—The portion of the project for naviga- and rehabilitation of the project and to re- 04.1 seconds west 25.000 feet to a point tion, Wallabout Channel, Brooklyn, New store access to the Susquehanna River for N605,725.000, E838,013.000, thence running York, authorized by the first section of the the public. north 63 degrees 44 minutes 19.0 seconds west Act entitled ‘‘An Act making appropriations (3) A concrete capped sheet pile wall in lieu 40.000 feet to the point of origin. for the construction, repair, and preserva- of raising an earthen embankment to reduce (C) The portion of the 8-foot south basin tion of certain public works on rivers and the disturbance to the Historic River Com- anchorage the boundaries of which begin at a harbors, and for other purposes’’, approved mons area. point with coordinates N605,563.770, March 3, 1899 (30 Stat. 1124), that is located (4) All necessary modifications to the E838,111.100, thence running south 05 degrees at the northeast corner of the project and is Stormwater Pump Stations in Wyoming Val- 08 minutes 35.1 seconds east 53.460 feet to a described as follows: ley. point N605,510.525, E838,115.892, thence run- Beginning at a point forming the northeast (5) All necessary evaluations and modifica- ning south 52 degrees 10 minutes 55.5 seconds corner of the project and designated with the tions to all elements of the existing flood west 145.000 feet to a point N605,421.618, coordinate of North N 682,307.40; East control projects to include Coal Creek, Toby E838,001.348, thence running north 37 degrees 638,918.10; thence along the following 6 Creek, Abrahams Creek, and various relief 49 minutes 04.5 seconds west feet to a point courses and distances: culverts and penetrations through the levee. N605,480.960, E837,955.287, thence running (A) South 85 degrees, 44 minutes, 13 sec- (c) CREDIT.—The Secretary shall credit the south 64 degrees 52 minutes 33.9 seconds east onds East 87.94 feet (coordinate: N 682,300.86 Luzerne County Flood Protection Authority 33.823 feet to a point N605,466.600, E837,985.910, E 639,005.80). toward the non-Federal share of the cost of thence running north 52 degrees 10 minutes (B) North 74 degrees, 41 minutes, 30 seconds the project for the value of the Forty-Fort 55.5 seconds east 158.476 feet to the point of East 271.54 feet (coordinate: N 682,372.55 E ponding basin area purchased after June 1, origin. 639,267.71). 1972, by Luzerne County, Pennsylvania, for (6) SCITUATE HARBOR, MASSACHUSETTS.—The (C) South 4 degrees, 46 minutes, 02 seconds an estimated cost of $500,000 under section portion of the project for navigation, West 170.95 feet (coordinate: N 682,202.20 E 102(w) of the Water Resources Development Scituate Harbor, Massachusetts, authorized 639,253.50). Act of 1992 (102 Stat. 508) to the extent that by section 101 of the River and Harbor Act of (D) South 4 degrees, 46 minutes, 02 seconds the Secretary determines that the area pur- 1954 (68 Stat. 1249), consisting of an 8-foot an- West 239.97 feet (coordinate: N 681,963.06 E chased is integral to the project. chorage basin and described as follows: Be- 639,233.56). (d) MODIFICATION OF MITIGATION PLAN AND ginning at a point with coordinates (E) North 50 degrees, 48 minutes, 26 seconds PROJECT COOPERATION AGREEMENT.— N438,739.53, E810,354.75, thence running north- West 305.48 feet (coordinate: N 682,156.10 E (1) MODIFICATION OF MITIGATION PLAN.—The westerly about 200.00 feet to coordinates 638,996.80). Secretary shall provide for the deletion,

VerDate 02-OCT-2000 00:55 Oct 20, 2000 Jkt 089060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\CR\FM\A19OC7.008 pfrm01 PsN: H19PT1 October 19, 2000 CONGRESSIONAL RECORD — HOUSE H10333

from the Mitigation Plan for the Wyoming ‘‘(c) PRIORITY CONSIDERATION.—The Sec- (B) the influences of soil type, slope, cli- Valley Levees, approved by the Secretary on retary shall give priority consideration to mate, vegetation cover, and modifications to February 15, 1996, the proposal to remove the the following interstate river basins and wa- the stream drainage network on sediment abandoned Bloomsburg Railroad Bridge. tersheds: and nutrient losses; and (2) MODIFICATION OF PROJECT COOPERATION ‘‘(1) Delaware River. (C) river hydrodynamics in relation to AGREEMENT.—The Secretary shall modify the ‘‘(2) Potomac River. sediment and nutrient transformations, re- project cooperation agreement, executed in ‘‘(3) Susquehanna River. tention, and movement. October 1996, to reflect removal of the rail- ‘‘(4) Kentucky River. (d) USE OF INFORMATION.—Upon request of road bridge and its $1,800,000 total cost from ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— a Federal agency, the Secretary may provide the mitigation plan under paragraph (1). There is authorized to be appropriated to information to the agency for use in sedi- (e) MAXIMUM PROJECT COST.—The total carry out this section $15,000,000.’’. ment and nutrient reduction programs asso- cost of the project, as modified by this sec- SEC. 403. LOWER MISSISSIPPI RIVER RESOURCE ciated with land use and land management tion, shall not exceed the amount authorized ASSESSMENT. practices. in section 401(a) of the Water Resources De- (a) ASSESSMENTS.—The Secretary, in co- (e) REPORT TO CONGRESS.—Not later than 3 velopment Act of 1986 (100 Stat. 4124), with operation with the Secretary of the Interior years after the date of enactment of this increases authorized by section 902 of the and the States of Arkansas, Illinois, Ken- Act, the Secretary shall transmit to Con- Water Resources Development Act of 1986 tucky, Louisiana, Mississippi, Missouri, and gress a report on the results of the study, in- (100 Stat. 4183). Tennessee, shall undertake, at Federal ex- cluding findings and recommendations. SEC. 355. REHOBOTH BEACH AND DEWEY BEACH, pense, for the Lower Mississippi River sys- (f) AUTHORIZATION OF APPROPRIATIONS.— DELAWARE. tem— There is authorized to be appropriated to The project for storm damage reduction (1) an assessment of information needed for carry out this section $10,000,000. and shoreline protection, Rehoboth Beach river-related management; SEC. 405. UPPER MISSISSIPPI RIVER COM- and Dewey Beach, Delaware, authorized by (2) an assessment of natural resource habi- PREHENSIVE PLAN. section 101(b)(6) of the Water Resources de- tat needs; and Section 459(e) of the Water Resources De- velopment Act of 1996, is modified to author- (3) an assessment of the need for river-re- velopment Act of 1999 (113 Stat. 333) is ize the project at a total cost of $13,997,000, lated recreation and access. amended by striking ‘‘date of enactment of with an estimated Federal cost of $9,098,000 (b) PERIOD.—Each assessment referred to this Act’’ and inserting ‘‘first date on which and an estimated non-Federal cost of in subsection (a) shall be carried out for 2 funds are appropriated to carry out this sec- $4,899,000, and an estimated average annual years. tion.’’. (c) REPORTS.—Before the last day of the cost of $1,320,000 for periodic nourishment SEC. 406. OHIO RIVER SYSTEM. second year of an assessment under sub- over the 50-year life of the project, with an The Secretary may conduct a study of section (a), the Secretary, in cooperation estimated annual Federal cost of $858,000 and commodity flows on the Ohio River system with the Secretary of the Interior and the an estimated annual non-Federal cost of at Federal expense. The study shall include States of Arkansas, Illinois, Kentucky, Lou- $462,000. an analysis of the commodities transported isiana, Mississippi, Missouri, and Tennessee, TITLE IV—STUDIES on the Ohio River system, including informa- shall transmit to Congress a report on the tion on the origins and destinations of these SEC. 401. STUDIES OF COMPLETED PROJECTS. results of the assessment to Congress. The commodities and market trends, both na- The Secretary shall conduct a study under report shall contain recommendations for— tional and international. section 216 of the Flood Control Act of 1970 (1) the collection, availability, and use of (84 Stat. 1830) of each of the following com- information needed for river-related manage- SEC. 407. EASTERN ARKANSAS. pleted projects: ment; (a) IN GENERAL.—The Secretary shall re- (1) ESCAMBIA BAY AND RIVER, FLORIDA.— (2) the planning, construction, and evalua- evaluate the recommendations in the East- Project for navigation, Escambia Bay and tion of potential restoration, protection, and ern Arkansas Region Comprehensive Study River, Florida. enhancement measures to meet identified of the Memphis District Engineer, dated Au- (2) ILLINOIS RIVER, HAVANA, ILLINOIS.— habitat needs; and gust 1990, to determine whether the plans Project for flood control, Illinois River, Ha- (3) potential projects to meet identified outlined in the study for agricultural water vana, Illinois, authorized by section 5 of the river access and recreation needs. supply from the Little Red River, Arkansas, Flood Control Act of June 22, 1936 (49 Stat. (d) LOWER MISSISSIPPI RIVER SYSTEM DE- are feasible and in the Federal interest. 1583). FINED.—In this section, the term ‘‘Lower (b) REPORT.—Not later than September 30, (3) SPRING LAKE, ILLINOIS.—Project for Mississippi River system’’ means those river 2001, the Secretary shall transmit to Con- flood control, Spring Lake, Illinois, author- reaches and adjacent floodplains within the gress a report on the results of the reevalua- ized by section 5 of the Flood Control Act of Lower Mississippi River alluvial valley hav- tion. June 22, 1936 (49 Stat. 1584). ing commercial navigation channels on the SEC. 408. RUSSELL, ARKANSAS. (4) PORT ORFORD, OREGON.—Project for Mississippi mainstem and tributaries south (a) IN GENERAL.—The Secretary shall flood control, Port Orford, Oregon, author- of Cairo, Illinois, and the Atchafalaya basin evaluate the preliminary investigation re- ized by section 301 of River and Harbor Act of floodway system. port for agricultural water supply, Russell, 1965 (79 Stat. 1092). (e) AUTHORIZATION OF APPROPRIATIONS.— Arkansas, entitled ‘‘Preliminary Investiga- SEC. 402. WATERSHED AND RIVER BASIN ASSESS- There is authorized to be appropriated tion: Lone Star Management Project’’, pre- MENTS. $1,750,000 to carry out this section. pared for the Lone Star Water Irrigation Dis- Section 729 of the Water Resources Devel- SEC. 404. UPPER MISSISSIPPI RIVER BASIN SEDI- trict, to determine whether the plans con- opment Act of 1986 (100 Stat. 4164) is amended MENT AND NUTRIENT STUDY. tained in the report are feasible and in the to read as follows: (a) IN GENERAL.—The Secretary shall con- Federal interest. ‘‘SEC. 729. WATERSHED AND RIVER BASIN AS- duct, at Federal expense, a study— (b) REPORT.—Not later than September 30, SESSMENTS. (1) to identify significant sources of sedi- 2001, the Secretary shall transmit to Con- ‘‘(a) IN GENERAL.—The Secretary may as- ment and nutrients in the Upper Mississippi gress a report on the results of the evalua- sess the water resources needs of interstate River basin; and tion. river basins and watersheds of the United (2) to describe and evaluate the processes SEC. 409. ESTUDILLO CANAL, SAN LEANDRO, States. The assessments shall be undertaken by which the sediments and nutrients move, CALIFORNIA. in cooperation and coordination with the De- on land and in water, from their sources to The Secretary shall conduct a study to de- partments of the Interior, Agriculture, and the Upper Mississippi River and its tribu- termine the feasibility of carrying out a Commerce, the Environmental Protection taries. project for flood damage reduction along the Agency, and other appropriate agencies, and (b) CONSULTATION.—In conducting the Estudillo Canal, San Leandro, California. may include an evaluation of ecosystem pro- study, the Secretary shall consult the De- tection and restoration, flood damage reduc- SEC. 410. LAGUNA CREEK, FREMONT, CALI- partments of Agriculture and the Interior. FORNIA. tion, navigation and port needs, watershed (c) COMPONENTS OF THE STUDY.— The Secretary shall conduct a study to de- protection, water supply, and drought pre- (1) COMPUTER MODELING.—As part of the termine the feasibility of carrying out a paredness. study, the Secretary shall develop computer project for flood damage reduction in the La- ‘‘(b) CONSULTATION.—The Secretary shall models at the subwatershed and basin level guna Creek watershed, Fremont, California. consult with Federal, tribal, State, inter- to identify and quantify the sources of sedi- state, and local governmental entities in ment and nutrients and to examine the effec- SEC. 411. LAKE MERRITT, OAKLAND, CALIFORNIA. carrying out the assessments authorized by tiveness of alternative management meas- The Secretary shall conduct a study to de- this section. In conducting the assessments, ures. termine the feasibility of carrying out a the Secretary may accept contributions of (2) RESEARCH.—As part of the study, the project for ecosystem restoration, flood dam- services, materials, supplies and cash from Secretary shall conduct research to improve age reduction, and recreation at Lake Mer- Federal, tribal, State, interstate, and local understanding of— ritt, Oakland, California. governmental entities where the Secretary (A) the processes affecting sediment and SEC. 412. LANCASTER, CALIFORNIA. determines that such contributions will fa- nutrient (with emphasis on nitrogen and (a) IN GENERAL.—The Secretary shall cilitate completion of the assessments. phosphorus) movement; evaluate the report of the city of Lancaster,

VerDate 02-OCT-2000 00:55 Oct 20, 2000 Jkt 089060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\CR\FM\A19OC7.009 pfrm01 PsN: H19PT1 H10334 CONGRESSIONAL RECORD — HOUSE October 19, 2000 California, entitled ‘‘Master Plan of Drain- for the project for flood control, Mission establishing a Hudson River Park in Manhat- age’’, to determine whether the plans con- Hills and Fairway, Kansas, entitled ‘‘Pre- tan, New York City, New York. The study tained in the report are feasible and in the liminary Engineering Report: Brush Creek/ shall address the issues of shoreline protec- Federal interest, including plans relating to Rock Creek Drainage Improvements, 66th tion, environmental protection and restora- drainage corridors located at 52nd Street Street to State Line Road’’, to determine tion, recreation, waterfront access, and open West, 35th Street West, North Armargosa, whether the plans contained in the report space for the area between Battery Place and and 20th Street East. are feasible and in the Federal interest. West 59th Street. (b) REPORT.—Not later than September 30, (b) REPORT.—Not later than September 30, (b) CONSULTATION.—In conducting the 2001, the Secretary shall transmit to Con- 2001, the Secretary shall transmit to Con- study under subsection (a), the Secretary gress a report on the results of the evalua- gress a report on the results of the evalua- shall consult the Hudson River Park Trust. tion. tion. (c) REPORT.—Not later than 1 year after the date of enactment of this section, the SEC. 413. NAPA COUNTY, CALIFORNIA. SEC. 421. COASTAL AREAS OF LOUISIANA. Secretary shall transmit to Congress a re- (a) STUDY.—The Secretary shall conduct a The Secretary shall conduct a study to de- port on the result of the study, including a study to determine the feasibility of car- termine the feasibility of developing meas- master plan for the park. rying out a project to address water supply, ures to floodproof major hurricane evacu- SEC. 430. JAMESVILLE RESERVOIR, ONONDAGA water quality, and groundwater problems at ation routes in the coastal areas of Lou- Miliken, Sarco, and Tulocay Creeks in Napa COUNTY, NEW YORK. isiana. The Secretary shall conduct a study to de- County, California. SEC. 422. IBERIA PORT, LOUISIANA. (b) USE OF EXISTING DATA.—In conducting termine the feasibility of carrying out a The Secretary shall conduct a study to de- the study, the Secretary shall use data and project for aquatic ecosystem restoration, termine the feasibility of carrying out a information developed by the United States flood damage reduction, and water quality, project for navigation, Iberia Port, Lou- Geological Survey in the report entitled Jamesville Reservoir, Onondaga County, isiana. ‘‘Geohydrologic Framework and Hydrologic New York. Budget of the Lower Miliken-Sarco-Tulocay SEC. 423. LAKE PONTCHARTRAIN SEAWALL, LOU- SEC. 431. STEUBENVIILLE, OHIO. Creeks Area of Napa, California’’. ISIANA. The Secretary shall conduct a study to de- Not later than 180 days after the date of SEC. 414. OCEANSIDE, CALIFORNIA. termine the feasibility of developing a public enactment of this Act, the Secretary shall The Secretary shall conduct a study, at port along the Ohio River in the vicinity of complete a post-authorization change report Federal expense, to determine the feasibility Steubenville, Ohio. of carrying out a project for shoreline pro- on the project for hurricane-flood protection, SEC. 432. GRAND LAKE, OKLAHOMA. tection at Oceanside, California. In con- Lake Pontchartrain, Louisiana, authorized Section 560(a) of the Water Resources De- ducting the study, the Secretary shall deter- by section 204 of the Flood Control Act of velopment Act of 1996 (110 Stat. 3783) is mine the portion of beach erosion that is the 1965 (79 Stat. 1077), to incorporate and ac- amended— result of a Navy navigation project at Camp complish structural modifications to the (1) by striking ‘‘date of enactment of this Pendleton Harbor, California. seawall providing protection along the south Act’’ and inserting ‘‘date of enactment of the shore of Lake Pontchartrain from the New Water Resources Development Act of 2000’’; SEC. 415. SUISUN MARSH, CALIFORNIA. Basin Canal on the west to the Inner Harbor The investigation for Suisun Marsh, Cali- and Navigation Canal on the east. (2) by inserting ‘‘and Miami’’ after ‘‘Pensa- fornia, authorized under the Energy and cola Dam’’. Water Development Appropriations Act, 2000 SEC. 424. LOWER ATCHAFALAYA BASIN, LOU- ISIANA. (Public Law 106–60), shall be limited to eval- SEC. 433. COLUMBIA SLOUGH, OREGON. As part of the Lower Atchafalaya basin re- uating the feasibility of the levee enhance- Not later than 180 days after the date of evaluation study, the Secretary shall deter- enactment of this Act, the Secretary shall ment and managed wetlands protection pro- mine the feasibility of carrying out a project complete under section 1135 of the Water Re- gram for Suisun Marsh, California. for flood damage reduction, Stephensville, source Development Act of 1986 (33 U.S.C. SEC. 416. LAKE ALLATOONA WATERSHED, GEOR- Louisiana. 2309a) a feasiblility study for the ecosystem GIA. restoration project at Columbia Slough, Or- Section 413 of the Water Resources Devel- SEC. 425. ST. JOHN THE BAPTIST PARISH, LOU- egon. If the Secretary determines that the opment Act of 1999 (113 Stat. 324) is amended ISIANA. project is feasible, the Secretary may carry to read as follows: The Secretary shall conduct a study to de- termine the feasibility of carrying out a out the project on an expedited basis under ‘‘SEC. 413. LAKE ALLATOONA WATERSHED, GEOR- such section. GIA. project for flood damage reduction on the SEC. 434. REEDY RIVER, GREENVILLE, SOUTH ‘‘(a) IN GENERAL.—The Secretary shall con- east bank of the Mississippi River in St. John the Baptist Parish, Louisiana. CAROLINA. duct a comprehensive study of the Lake The Secretary shall conduct a study to de- Allatoona watershed, Georgia, to determine SEC. 426. LAS VEGAS VALLEY, NEVADA. Section 432(b) of the Water Resources De- termine the feasibility of carrying out a the feasibility of undertaking ecosystem res- project for aquatic ecosystem restoration, velopment Act of 1999 (113 Stat. 327) is toration and resource protection measures. flood damage reduction, and streambank sta- amended by inserting ‘‘recreation,’’ after ‘‘(b) MATTERS TO BE ADDRESSED.—The bilization on the Reedy River, Cleveland ‘‘runoff),’’. study shall address streambank and shore- Park West, Greenville, South Carolina. line erosion, sedimentation, water quality, SEC. 427. SOUTHWEST VALLEY, ALBUQUERQUE, SEC. 435. GERMANTOWN, TENNESSEE. fish and wildlife habitat degradation and NEW MEXICO. (a) IN GENERAL.—The Secretary shall con- Section 433 of the Water Resources Devel- other problems relating to ecosystem res- duct a study to determine the feasibility of opment Act of 1999 (113 Stat. 327) is amend- toration and resource protection in the Lake carrying out a project for flood control and ed— Allatoona watershed.’’. related purposes along Miller Farms Ditch, N GENERAL.—’’ before SEC. 417. CHICAGO RIVER, CHICAGO, ILLINOIS. (1) by inserting ‘‘(a) I Howard Road Drainage, and Wolf River Lat- (a) IN GENERAL.—The Secretary shall con- ‘‘The’’; and eral D, Germantown, Tennessee. duct a study to determine the feasibility of (2) by adding at the end the following: (b) COST SHARING.—The Secretary— carrying out a project for shoreline protec- ‘‘(b) EVALUATION OF FLOOD DAMAGE REDUC- (1) shall credit toward the non-Federal tion along the Chicago River, Chicago, Illi- TION MEASURES.—In conducting the study, share of the costs of the feasibility study the nois. the Secretary shall evaluate flood damage value of the in-kind services provided by the (b) CONSULTATION.—In conducting the reduction measures that would otherwise be non-Federal interests relating to the plan- study, the Secretary shall consult, and in- excluded from the feasibility analysis based ning, engineering, and design of the project, corporate information available from, appro- on policies of the Corps of Engineers con- whether carried out before or after execution priate Federal, State, and local government cerning the frequency of flooding, the drain- of the feasibility study cost-sharing agree- agencies. age area, and the amount of runoff.’’. ment if the Secretary determines the work is SEC. 418. CHICAGO SANITARY AND SHIP CANAL SEC. 428. BUFFALO HARBOR, BUFFALO, NEW necessary for completion of the study; and SYSTEM, CHICAGO, ILLINOIS. YORK. (2) for the purposes of paragraph (1), shall The Secretary shall conduct a study to de- (a) IN GENERAL.—The Secretary shall con- consider the feasibility study to be con- termine the advisability of reducing the use duct a study to determine the advisability ducted as part of the Memphis Metro Ten- of the waters of Lake Michigan to support and potential impacts of declaring as non- nessee and Mississippi study authorized by navigation in the Chicago sanitary and ship navigable a portion of the channel at Control resolution of the Committee on Transpor- canal system, Chicago, Illinois. Point Draw, Buffalo Harbor, Buffalo New tation and Infrastructure, dated March 7, SEC. 419. LONG LAKE, INDIANA. York. 1996. The Secretary shall conduct a study to de- (b) CONTENTS.—The study conducted under (c) LIMITATION.—The Secretary may not re- termine the feasibility of carrying out a this section shall include an examination of ject the project under the feasibility study project for environmental restoration and other options to meet intermodal transpor- based solely on a minimum amount of protection, Long Lake, Indiana. tation needs in the area. stream runoff. SEC. 420. BRUSH AND ROCK CREEKS, MISSION SEC. 429. HUDSON RIVER, MANHATTAN, NEW SEC. 436. HOUSTON SHIP CHANNEL, GALVESTON, HILLS AND FAIRWAY, KANSAS. YORK. TEXAS. (a) IN GENERAL.—The Secretary shall (a) IN GENERAL.—The Secretary shall con- The Secretary shall conduct a study to de- evaluate the preliminary engineering report duct a study to determine the feasibility of termine the feasibility of constructing barge

VerDate 02-OCT-2000 00:55 Oct 20, 2000 Jkt 089060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\CR\FM\A19OC7.009 pfrm01 PsN: H19PT1 October 19, 2000 CONGRESSIONAL RECORD — HOUSE H10335 lanes adjacent to the Houston Ship Channel levees in and around Augusta and Devalls at the Contra Costa Canal, Oakley and from Redfish Reef to Morgan Point in Gal- Bluff, Arkansas. Knightsen, California, if the Secretary deter- veston, Texas. (b) REIMBURSEMENT.—After incurring any mines that the project is technically sound, SEC. 437. PARK CITY, UTAH. cost for operation, maintenance, or rehabili- environmentally acceptable, and economi- The Secretary shall conduct a study to de- tation under subsection (a), the Secretary cally justified. termine the feasibility of carrying out a may seek reimbursement from the Secretary SEC. 510. HUNTINGTON BEACH, CALIFORNIA. project for water supply, Park City, Utah. of the Interior of an amount equal to the The Secretary shall carry out under sec- SEC. 438. MILWAUKEE, WISCONSIN. portion of such cost that the Secretary de- tion 205 of the Flood Control Act of 1948 (33 (a) IN GENERAL.—The Secretary shall termines is a benefit to a Federal wildlife U.S.C. 701s) a project for flood damage reduc- evaluate the report for the project for flood refuge. tion in Huntington Beach, California, if the damage reduction and environmental res- SEC. 505. BEAVER LAKE, ARKANSAS. Secretary determines that the project is toration, Milwaukee, Wisconsin, entitled The contract price for additional storage technically sound, environmentally accept- ‘‘Interim Executive Summary: Menominee for the Carroll-Boone Water District beyond able, and economically justified. River Flood Management Plan’’, dated Sep- that which is provided for in section 521 of SEC. 511. MALLARD SLOUGH, PITTSBURG, CALI- tember 1999, to determine whether the plans the Water Resources Development Act of FORNIA. contained in the report are cost-effective, 1999 (113 Stat. 345) shall be based on the origi- The Secretary shall carry out under sec- tion 205 of the Flood Control Act of 1948 (33 technically sound, environmentally accept- nal construction cost of Beaver Lake and ad- U.S.C. 701s) a project for flood damage reduc- able, and in the Federal interest. justed to the 2000 price level net of inflation tion in Mallard Slough, Pittsburg, Cali- (b) REPORT.—Not later than September 30, between the date of initiation of construc- fornia, if the Secretary determines that the 2001, the Secretary shall transmit to Con- tion and the date of enactment of this Act. project is technically sound, environ- gress a report on the results of the evalua- SEC. 506. McCLELLAN-KERR ARKANSAS RIVER mentally acceptable, and economically justi- tion. NAVIGATION SYSTEM, ARKANSAS fied. SEC. 439. UPPER DES PLAINES RIVER AND TRIBU- AND OKLAHOMA. SEC. 512. PENN MINE, CALAVERAS COUNTY, CALI- TARIES, ILLINOIS AND WISCONSIN. Taking into account the need to realize the FORNIA. Section 419 of the Water Resources Devel- total economic potential of the McClellan- (a) IN GENERAL.—The Secretary shall reim- opment Act of 1999 (113 Stat. 324–325) is Kerr Arkansas River navigation system, the burse the non-Federal interest for the amended by adding at the end the following: Secretary shall expedite completion of the project for aquatic ecosystem restoration, ‘‘(d) CREDIT.—The Secretary shall provide Arkansas River navigation study, including Penn Mine, Calaveras County, California, the non-Federal interest credit toward the the feasibility of increasing the authorized carried out under section 206 of the Water non-Federal share of the cost of the study for channel from 9 feet to 12 feet and, if justi- Resources Development Act of 1996 (33 U.S.C. work performed by the non-Federal interest fied, proceed directly to project 2330), $4,100,000 for the Federal share of costs before the date of the study’s feasibility preconstruction engineering and design.± incurred by the non-Federal interest for cost-share agreement if the Secretary deter- SEC. 507. CALFED BAY DELTA PROGRAM ASSIST- work carried out by the non-Federal interest mines that the work is integral to the ANCE, CALIFORNIA. for the project. study.’’. (a) IN GENERAL.—The Secretary may par- (b) SOURCE OF FUNDING.—Reimbursement SEC. 440. DELAWARE RIVER WATERSHED. ticipate with appropriate Federal and State under subsection (a) shall be from amounts (a) STUDY.—The Secretary shall conduct agencies in planning and management ac- appropriated before the date of enactment of studies and assessments to analyze the tivities associated with the CALFED Bay this Act for the project described in sub- sources and impacts of sediment contamina- Delta Program (in this section referred to as section (a). tion in the Delaware River watershed. the ‘‘Program’’) and shall, to the maximum SEC. 513. PORT OF SAN FRANCISCO, CALIFORNIA. (b) ACTIVITIES.—Activities authorized extent practicable and in accordance with all (a) EMERGENCY MEASURES.—The Secretary under this section shall be conducted by a applicable laws, integrate the activities of shall carry out, on an emergency basis, university with expertise in research in con- the Corps of Engineers in the San Joaquin measures to address health, safety, and envi- taminated sediment sciences. and Sacramento River basins with the long- ronmental risks posed by floatables and (c) AUTHORIZATION OF APPROPRIATIONS.— term goals of the Program. floating debris originating from Piers 24 and (1) AUTHORIZATION OF APPROPRIATIONS.— (b) COOPERATIVE ACTIVITIES.—In carrying 64 in the Port of San Francisco, California, There is authorized to be appropriated to the out this section, the Secretary— by removing such floatables and debris. Secretary to carry out this section $5,000,000. (1) may accept and expend funds from (b) STUDY.—The Secretary shall conduct a Such sums shall remain available until ex- other Federal agencies and from public, pri- study to determine the risk to navigation pended. vate, and non-profit entities to carry out posed by floatables and floating debris origi- (2) CORPS OF ENGINEERS EXPENSES.—10 per- ecosystem restoration projects and activities nating from Piers 24 and 64 in the Port of cent of the amounts appropriated to carry associated with the Program; and San Francisco, California, and the cost of re- out this section may be used by the Corps of (2) may enter into contracts, cooperative moving such floatables and debris. (c) FUNDING.—There is authorized to be ap- Engineers district offices to administer and research and development agreements, and propriated $3,000,000 to carry out this sec- implement studies and assessments under cooperative agreements, with Federal and tion. this section. public, private, and non-profit entities to TITLE V—MISCELLANEOUS PROVISIONS carry out such projects and activities. SEC. 514. SAN GABRIEL BASIN, CALIFORNIA. (a) SAN GABRIEL BASIN RESTORATION.— SEC. 501. BRIDGEPORT, ALABAMA. (c) GEOGRAPHIC SCOPE.—For the purposes (1) ESTABLISHMENT OF FUND.—There shall of the participation of the Secretary under (a) DETERMINATION.—The Secretary shall be established within the Treasury of the this section, the geographic scope of the Pro- review the construction of a channel per- United States an interest bearing account to gram shall be the San Francisco Bay and the formed by the non-Federal interest at the be known as the San Gabriel Basin Restora- Sacramento-San Joaquin Delta Estuary and project for navigation, Tennessee River, tion Fund (in this section referred to as the their watershed (also known as the ‘‘Bay- Bridgeport, Alabama, to determine the Fed- ‘‘Restoration Fund’’). Delta Estuary’’), as identified in the agree- eral navigation interest in such work. (2) ADMINISTRATION OF FUND.—The Restora- ment entitled the ‘‘Framework Agreement (b) REIMBURSEMENT.—If the Secretary de- tion Fund shall be administered by the Sec- Between the Governor’s Water Policy Coun- termines under subsection (a) that the work retary, in cooperation with the San Gabriel performed by the non-Federal interest is cil of the State of California and the Federal Basin Water Quality Authority or its suc- consistent with the Federal navigation inter- Ecosystem Directorate’’. cessor agency. (d) AUTHORIZATION OF APPROPRIATIONS.— est, the Secretary shall reimburse the non- (3) PURPOSES OF FUND.— There is authorized to be appropriated to Federal interest an amount equal to the Fed- (A) IN GENERAL.—Subject to subparagraph eral share of the cost of construction of the carry out this section $5,000,000 for fiscal (B), the amounts in the Restoration Fund, channel. years 2002 through 2005. including interest accrued, shall be utilized SEC. 502. DUCK RIVER, CULLMAN, ALABAMA. SEC. 508. CLEAR LAKE BASIN, CALIFORNIA. by the Secretary— The Secretary shall provide technical as- Amounts made available to the Secretary (i) to design and construct water quality sistance to the city of Cullman, Alabama, in by the Energy and Water Appropriations projects to be administered by the San Ga- the management of construction contracts Act, 2000 (113 Stat. 483 et seq.) for the project briel Basin Water Quality Authority and the for the reservoir project on the Duck River. for aquatic ecosystem restoration, Clear Central Basin Water Quality Project to be SEC. 503. SEWARD, ALASKA. Lake basin, California, to be carried out administered by the Central Basin Municipal The Secretary shall carry out, on an emer- under section 206 of the Water Resources De- Water District; and gency one-time basis, necessary repairs of velopment Act of 1996 (33 U.S.C. 2330), may (ii) to operate and maintain any project the Lowell Creek Tunnel in Seward, Alaska, only be used for the wetlands restoration and constructed under this section for such pe- at Federal expense and a total cost of creation elements of the project. riod as the Secretary determines, but not to $3,000,000. SEC. 509. CONTRA COSTA CANAL, OAKLEY AND exceed 10 years, following the initial date of SEC. 504. AUGUSTA AND DEVALLS BLUFF, ARKAN- KNIGHTSEN, CALIFORNIA. operation of the project. SAS. The Secretary shall carry out a project for (B) COST-SHARING LIMITATION.—The Sec- (a) IN GENERAL.—The Secretary may oper- flood damage reduction under section 205 of retary may not obligate any funds appro- ate, maintain, and rehabilitate 37 miles of the Flood Control Act of 1948 (33 U.S.C. 701s) priated to the Restoration Fund in a fiscal

VerDate 02-OCT-2000 00:55 Oct 20, 2000 Jkt 089060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\CR\FM\A19OC7.009 pfrm01 PsN: H19PT1 H10336 CONGRESSIONAL RECORD — HOUSE October 19, 2000 year until the Secretary has deposited in the SEC. 517. FLORIDA KEYS WATER QUALITY IM- Ballard’s Island, LaSalle County, Illinois, Fund an amount provided by non-Federal in- PROVEMENTS. carried out under section 1135 of the Water terests sufficient to ensure that at least 35 (a) IN GENERAL.—In coordination with the Resources Development Act of 1986 (33 U.S.C percent of any funds obligated by the Sec- Florida Keys Aqueduct Authority, appro- 2309a), credit toward the non-Federal share retary are from funds provided to the Sec- priate agencies of municipalities of Monroe of the cost of the project for work performed retary by the non-Federal interests. The San County, Florida, and other appropriate pub- by the non-Federal interest after July 1, 1999, Gabriel Basin Water Quality Authority shall lic agencies of the State of Florida or Mon- if the Secretary determines that the work is be responsible for providing the non-Federal roe County, the Secretary may provide tech- integral to the project. amount required by the preceding sentence. nical and financial assistance to carry out SEC. 519. LAKE MICHIGAN DIVERSION, ILLINOIS. projects for the planning, design, and con- The State of California, local government Section 1142(b) of the Water Resources De- struction of treatment works to improve agencies, and private entities may provide velopment Act of 1986 (110 Stat. 4253; 113 water quality in the Florida Keys National all or any portion of such amount. Stat. 339) is amended by inserting after Marine Sanctuary. (b) COMPLIANCE WITH APPLICABLE LAW.—In ‘‘2003’’ the following: ‘‘and $800,000 for each carrying out the activities described in this (b) CRITERIA FOR PROJECTS.—Before enter- ing into a cooperation agreement to provide fiscal year beginning after September 30, section, the Secretary shall comply with any 2003,’’. applicable Federal and State laws. assistance with respect to a project under SEC. 520. KOONTZ LAKE, INDIANA. (c) RELATIONSHIP TO OTHER ACTIVITIES.— this section, the Secretary shall ensure Nothing in this section shall be construed to that— The Secretary shall provide the non-Fed- affect other Federal or State authorities (1) the non-Federal sponsor has completed eral interest for the project for aquatic eco- that are being used or may be used to facili- adequate planning and design activities, as system restoration, Koontz Lake, Indiana, tate the cleanup and protection of the San applicable; carried out under section 206 of the Water Gabriel and Central groundwater basins. In (2) the non-Federal sponsor has completed Resources Development Act of 1996 (22 U.S.C. carrying out the activities described in this a financial plan identifying sources of non- 2330), credit toward the non-Federal share of section, the Secretary shall integrate such Federal funding for the project; the cost of the project for work performed by activities with ongoing Federal and State (3) the project complies with— the non-Federal interest before the date of projects and activities. None of the funds (A) applicable growth management ordi- execution of the project cooperation agree- made available for such activities pursuant nances of Monroe County, Florida; ment if the Secretary determines that the to this section shall be counted against any (B) applicable agreements between Monroe work is integral to the project. Federal authorization ceiling established for County, Florida, and the State of Florida to SEC. 521. CAMPBELLSVILLE LAKE, KENTUCKY. any previously authorized Federal projects manage growth in Monroe County, Florida; The Secretary shall repair the retaining or activities. and wall and dam at Campbellsville Lake, Ken- (d) AUTHORIZATION OF APPROPRIATIONS.— (C) applicable water quality standards; and tucky, to protect the public road on top of (1) IN GENERAL.—There is authorized to be (4) the project is consistent with the mas- the dam at Federal expense and a total cost appropriated to the Restoration Fund estab- ter wastewater and stormwater plans for of $200,000. lished under subsection (a) $85,000,000. Such Monroe County, Florida. SEC. 522. WEST VIEW SHORES, CECIL COUNTY, funds shall remain available until expended. (c) CONSIDERATION.—In selecting projects MARYLAND. (2) SET-ASIDE.—Of the amounts appro- under subsection (a), the Secretary shall Not later than 1 year after the date of en- priated under paragraph (1), no more than consider whether a project will have substan- actment of this Act, the Secretary shall $10,000,000 shall be available to carry out the tial water quality benefits relative to other carry out an investigation of the contamina- Central Basin Water Quality Project. projects under consideration. tion of the well system in West View Shores, (d) CONSULTATION.—In carrying out this (e) ADJUSTMENT.—Of the $25,000,000 made Cecil County, Maryland. If the Secretary de- available for San Gabriel Basin Groundwater section, the Secretary shall consult with— termines that a disposal site for a Federal Restoration, California, under the heading (1) the Water Quality Steering Committee navigation project has contributed to the ‘‘Construction, General’’ in title I of the En- established under section 8(d)(2)(A) of the contamination of the well system, the Sec- ergy and Water Development Appropriations Florida Keys National Marine Sanctuary and retary may provide alternative water sup- Act, 2001— Protection Act (106 Stat. 5054); plies, including replacement of wells, at Fed- (1) $2,000,000 shall be available only for (2) the South Florida Ecosystem Restora- eral expense. studies and other investigative activities and tion Task Force established by section 528(f) of the Water Resources Development Act of SEC. 523. CONSERVATION OF FISH AND WILD- planning and design of projects determined LIFE, CHESAPEAKE BAY, MARYLAND by the Secretary to offer a long-term solu- 1996 (110 Stat. 3771–3773); AND VIRGINIA. tion to the problem of groundwater contami- (3) the Commission on the Everglades es- Section 704(b) of the Water Resources De- nation caused by perchlorates at sites lo- tablished by executive order of the Governor velopment Act of 1986 (33 U.S.C. 2263(b)) is cated in the city of Santa Clarita, California; of the State of Florida; and amended by adding at the end the following: and (4) other appropriate State and local gov- ‘‘In addition, there is authorized to be appro- (2) $23,000,000 shall be deposited in the Res- ernment officials. priated $20,000,000 to carry out paragraph (e) NON-FEDERAL SHARE.— toration Fund, of which $4,000,000 shall be (4).’’. (1) IN GENERAL.—The non-Federal share of used for remediation in the Central Basin, the cost of a project carried out under this SEC. 524. MUDDY RIVER, BROOKLINE AND BOS- California. section shall be 35 percent. TON, MASSACHUSETTS. SEC. 515. STOCKTON, CALIFORNIA. The Secretary shall carry out the project (2) CREDIT.— for flood damage reduction and environ- The Secretary shall evaluate the feasi- (A) IN GENERAL.—The Secretary may pro- bility of the Lower Mosher Slough element vide the non-Federal interest credit toward mental restoration, Muddy River, Brookline and the levee extensions on the Upper cash contributions required— and Boston, Massachusetts, substantially in Calaveras River element of the project for (i) before and during the construction of accordance with the plans, and subject to the flood control, Stockton Metropolitan Area, the project, for the costs of planning, engi- conditions, described in the draft evaluation California, carried out under section 211(f)(3) neering, and design, and for the construction report of the New England District Engineer of the Water Resources Development Act of management work that is performed by the entitled ‘‘Phase I Muddy River Master 1996 (110 Stat. 3683), to determine the eligi- non-Federal interest and that the Secretary Plan’’, dated June 2000. bility of such elements for reimbursement determines is necessary to implement the SEC. 525. SOO LOCKS, SAULT STE. MARIE, MICHI- under section 211 of such Act (33 U.S.C. 701b– project; and GAN. 13). If the Secretary determines that such (ii) during the construction of the project, The Secretary may not require a cargo ves- elements are technically sound, environ- for the construction that the non-Federal in- sel equipped with bow thrusters and friction mentally acceptable, and economically justi- terest carries out on behalf of the Secretary winches that is transiting the Soo Locks in fied, the Secretary shall reimburse under and that the Secretary determines is nec- Sault Ste. Marie, Michigan, to provide more section 211 of such Act the non-Federal in- essary to carry out the project. than 2 crew members to serve as line han- terest for the Federal share of the cost of (B) TREATMENT OF CREDIT BETWEEN dlers on the pier of a lock, except in adverse such elements. PROJECTS.—Any credit provided under this weather conditions or if there is a mechan- SEC. 516. PORT EVERGLADES, FLORIDA. paragraph may be carried over between au- ical failure on the vessel. Notwithstanding the absence of a project thorized projects. SEC. 526. DULUTH, MINNESOTA, ALTERNATIVE cooperation agreement, the Secretary shall (f) AUTHORIZATION OF APPROPRIATIONS.— TECHNOLOGY PROJECT. reimburse the non-Federal interest for the There is authorized to be appropriated to (a) PROJECT AUTHORIZATION.—Section project for navigation, Port Everglades Har- carry out this section $100,000,000. Such sums 541(a) of the Water Resources Development bor, Florida, $15,003,000 for the Federal share shall remain available until expended. Act of 1996 (110 Stat. 3777) is amended— of costs incurred by the non-Federal interest SEC. 518. BALLARD’S ISLAND, LASALLE COUNTY, (1) by striking ‘‘implement’’ and inserting in carrying out the project and determined ILLINOIS. ‘‘conduct full scale demonstrations of’’; and by the Secretary to be eligible for reimburse- The Secretary may provide the non-Fed- (2) by inserting before the period the fol- ment under the limited reevaluation report eral interest for the project for the improve- lowing: ‘‘, including technologies evaluated of the Corps of Engineers, dated April 1998. ment of the quality of the environment, for the New York/New Jersey Harbor under

VerDate 02-OCT-2000 00:55 Oct 20, 2000 Jkt 089060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\CR\FM\A19OC7.009 pfrm01 PsN: H19PT1 October 19, 2000 CONGRESSIONAL RECORD — HOUSE H10337

section 405 of the Water Resources Develop- State, and local agencies, may identify and (B) REPORT.—Not later than 2 years after ment Act of 1992 (33 U.S.C. 2239 note; 106 implement projects described in subsection the date of enactment of this Act, the Sec- Stat. 4863)’’. (a) after entering into an agreement with an retary shall transmit to Congress a report (b) AUTHORIZATION OF APPROPRIATIONS.— appropriate non-Federal interest in accord- describing the results of the study. Section 541(b) of such Act is amended by ance with this section. (4) AUTHORIZATION OF APPROPRIATIONS.— striking ‘‘$1,000,000’’ and inserting (c) COST SHARING.—Before implementing There is authorized to be appropriated— ‘‘$3,000,000’’. any project under this section, the Secretary (A) to complete the study under paragraph SEC. 527. MINNEAPOLIS, MINNESOTA. shall enter into a binding agreement with (3) $200,000; and (a) IN GENERAL.—The Secretary, in co- the non-Federal interests. The agreement (B) to carry out the other provisions of this operation with the State of Minnesota, shall shall provide that the non-Federal responsi- subsection $1,000,000 for each of fiscal years design and construct the project for environ- bility for the project shall be as follows: 2001 through 2010. mental restoration and recreation, Min- (1) To acquire any lands, easements, (c) MISSOURI AND MIDDLE MISSISSIPPI RIV- neapolis, Minnesota, substantially in accord- rights-of-way, relocations, and dredged ma- ERS ENHANCEMENT PROJECT.—Section 514(g) ance with the plans described in the report terial disposal areas necessary for implemen- of the Water Resources Development Act of entitled ‘‘Feasibility Study for Mississippi tation of the project. 1999 (113 Stat. 342) is amended to read as fol- Whitewater Park, Minneapolis, Minnesota’’, (2) To hold and save harmless the United lows: prepared for the Minnesota department of States free from claims or damages due to ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— natural resources, dated June 30, 1999. implementation of the project, except for the There is authorized to be appropriated to pay (b) COST SHARING.— negligence of the Federal Government or its the Federal share of the cost of carrying out (1) IN GENERAL.—The non-Federal share of contractors. activities under this section $5,000,000 for the cost of the project shall be determined in (3) To pay 35 percent of project costs. each of fiscal years 2001 through 2010.’’. accordance with title I of the Water Re- (d) NONPROFIT ENTITY.—For any project SEC. 532. NEW MADRID COUNTY, MISSOURI. sources Development Act of 1986 (33 U.S.C. undertaken under this section, a non-Federal For purposes of determining the non-Fed- 2211 et seq.). interest may include a nonprofit entity with eral share for the project for navigation, New (2) LANDS, EASEMENTS, AND RIGHTS-OF- the consent of the affected local government. Madrid County Harbor, Missouri, carried out (e) AUTHORIZATION OF APPROPRIATIONS.— WAY.—The non-Federal interest shall provide under section 107 of the River and Harbor There is authorized to be appropriated to all lands, easements, rights-of-way, reloca- Act of 1960 (33 U.S.C. 577), the Secretary shall carry out this section $10,000,000. tions, and dredged material disposal areas consider Phases 1 and 2 as described in the necessary for construction of the project and SEC. 531. MISSOURI RIVER VALLEY IMPROVE- report of the District Engineer, dated Feb- MENTS. shall receive credit for the cost of providing ruary 2000, as one project and provide credit such lands, easements, rights-of-way, reloca- (a) MISSOURI RIVER MITIGATION PROJECT.— The project for mitigation of fish and wild- to the non-Federal interest toward the non- tions, and dredged material disposal areas Federal share of the combined project for toward the non-Federal share of the cost of life losses, Missouri River Bank Stabiliza- tion and Navigation Project, Missouri, Kan- work performed by the non-Federal interest the project. on Phase 1 of the project. (3) OPERATION, MAINTENANCE, REPAIR, REHA- sas, Iowa, and Nebraska authorized by sec- SEC. 533. PEMISCOT COUNTY, MISSOURI. BILITATION, AND REPLACEMENT.—The oper- tion 601(a) of the Water Resources Develop- The Secretary shall provide the non-Fed- ation, maintenance, repair, rehabilitation, ment Act of 1986 (100 Stat. 4143) and modified eral interest for the project for navigation, and replacement of the project shall be a by section 334 of the Water Resources Devel- Caruthersville Harbor, Pemiscot County, non-Federal responsibility. opment Act of 1999 (113 Stat. 306), is further Missouri, carried out under section 107 of the (4) CREDIT FOR NON-FEDERAL WORK.—The modified to authorize $200,000,000 for fiscal River and Harbor Act of 1960 (33 U.S.C. 577), non-Federal interest shall receive credit to- years 2001 through 2010 to be appropriated to credit toward the non-Federal share of the ward the non-Federal share of the cost of the the Secretary for acquisition of 118,650 acres cost of the project for in-kind work per- project for work performed by the non-Fed- of land and interests in land for the project. (b) UPPER MISSOURI RIVER AQUATIC AND RI- formed by the non-Federal interest after De- eral interest before the date of execution of PARIAN HABITAT MITIGATION PROGRAM.— cember 1, 1997, if the Secretary determines the project cooperation agreement if the (1) IN GENERAL.— that the work is integral to the project. Secretary determines that the work is inte- (A) STUDY.—The Secretary shall complete SEC. 534. LAS VEGAS, NEVADA. gral to the project. (c) AUTHORIZATION OF APPROPRIATIONS.— a study that analyzes the need for additional (a) DEFINITIONS.—In this section, the fol- There is authorized to be appropriated measures for mitigation of losses of aquatic lowing definitions apply: $10,000,000 to carry out this section. and terrestrial habitat from Fort Peck Dam (1) COMMITTEE.—The term ‘‘Committee’’ SEC. 528. ST. LOUIS COUNTY, MINNESOTA. to Sioux City, Iowa, resulting from the oper- means the Las Vegas Wash Coordinating The Secretary shall carry out under sec- ation of the Missouri River Mainstem Res- Committee. tion 204 of the Water Resources Development ervoir project in the States of Nebraska, (2) PLAN.—The term ‘‘Plan’’ means the Las Act of 1992 (33 U.S.C. 2326) a project in St. South Dakota, North Dakota, and Montana. Vegas Wash comprehensive adaptive man- Louis County, Minnesota, by making bene- (B) REPORT.—Not later than 2 years after agement plan, developed by the Committee ficial use of dredged material from a Federal the date of enactment of this Act, the Sec- and dated January 20, 2000. navigation project. retary shall transmit to Congress a report (3) PROJECT.—The term ‘‘Project’’ means SEC. 529. WILD RICE RIVER, MINNESOTA. describing the results of the study. the Las Vegas Wash wetlands restoration The Secretary shall prepare a general re- (2) PILOT PROGRAM.—The Secretary, in con- and Lake Mead water quality improvement evaluation report on the project for flood sultation with the Director of the United project and includes the programs, features, control, Wild Rice River, Minnesota, author- States Fish and Wildlife Service and the af- components, projects, and activities identi- ized by section 201 of the Flood Control Act fected State fish and wildlife agencies, shall fied in the Plan. of 1970 (84 Stat. 1825), and, if the Secretary develop and administer a pilot mitigation (b) PARTICIPATION IN PROJECT.— determines that the project is technically program that— (1) IN GENERAL.—The Secretary, in con- sound, environmentally acceptable, and eco- (A) involves the experimental releases of junction with the Administrator of the Envi- nomically justified, shall carry out the warm water from the spillways at Fort Peck ronmental Protection Agency, the Secretary project. In carrying out the reevaluation, the Dam during the appropriate spawning peri- of Agriculture, and the Secretary of the Inte- Secretary shall include river dredging as a ods for native fish; rior and in partnership with the Committee, component of the study. (B) involves the monitoring of the response shall participate in the implementation of SEC. 530. COASTAL MISSISSIPPI WETLANDS RES- of fish to, and the effectiveness toward the the Project to restore wetlands at Las Vegas TORATION PROJECTS. preservation of native fish and wildlife habi- Wash and to improve water quality in Lake (a) IN GENERAL.—In order to further the tat as a result of, such releases; and Mead in accordance with the Plan. purposes of section 204 of the Water Re- (C) requires the Secretary to provide com- (2) COST SHARING REQUIREMENTS.— sources Development Act of 1992 (33 U.S.C. pensation for any loss of hydropower at Fort (A) IN GENERAL.—The non-Federal interests 2326) and section 206 of the Water Resources Peck Dam resulting from implementation of shall pay 35 percent of the cost of any Development Act of 1996 (33 U.S.C. 2330), the the pilot program; and project carried out under this section. Secretary shall participate in restoration (D) does not effect a change in the Missouri (B) OPERATION AND MAINTENANCE.—The projects for critical coastal wetlands and River Master Water Control Manual. non-Federal interests shall be responsible for coastal barrier islands in the State of Mis- (3) RESERVOIR FISH LOSS STUDY.— all costs associated with operating, main- sissippi that will produce, consistent with (A) IN GENERAL.—The Secretary, in con- taining, replacing, repairing, and rehabili- existing Federal programs, projects, and ac- sultation with the North Dakota Game and tating all projects carried out under this sec- tivities, immediate and substantial restora- Fish Department and the South Dakota De- tion. tion, preservation, and ecosystem protection partment of Game, Fish and Parks, shall (C) FEDERAL LANDS.—Notwithstanding any benefits, including the beneficial use of complete a study to analyze and recommend other provision of this subsection, the Fed- dredged material if such use is a cost-effec- measures to avoid or reduce the loss of fish, eral share of the cost of a project carried out tive means of disposal of such material. including rainbow smelt, through Garrison under this section on Federal lands shall be (b) PROJECT SELECTION.—The Secretary, in Dam in North Dakota and Oahe Dam in 100 percent, including the costs of operation coordination with other Federal, tribal, South Dakota. and maintenance.

VerDate 02-OCT-2000 00:55 Oct 20, 2000 Jkt 089060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\CR\FM\A19OC7.009 pfrm01 PsN: H19PT1 H10338 CONGRESSIONAL RECORD — HOUSE October 19, 2000

(3) AUTHORIZATION OF APPROPRIATIONS.— sible, the Secretary shall carry out the (c) CONDITIONS.—The Secretary may not re- There is authorized to be appropriated project. ject a project based solely on a minimum $10,000,000 to carry out this section. SEC. 539. NEPPERHAN RIVER, YONKERS, NEW amount of stream runoff. SEC. 535. NEWARK, NEW JERSEY. YORK. (d) MAJOR DISASTER DEFINED.—In this sec- (a) IN GENERAL.—Using authorities under The Secretary shall provide technical as- tion, the term ‘‘major disaster’’ means a law in effect on the date of enactment of this sistance to the city of Yonkers, New York, in major disaster declared under title IV of the Act, the Secretary, the Director of the Fed- support of activities relating to the dredging Robert T. Stafford Disaster Relief and Emer- eral Emergency Management Agency, the of the Nepperhan River outlet, New York. gency Assistance Act (42 U.S.C. 5170 et seq.) and includes any major disaster declared be- Administrator of the Environmental Protec- SEC. 540. ROCHESTER, NEW YORK. fore the date of enactment of this Act. tion Agency, and the heads of other appro- The Secretary shall complete the study of a project for navigation, Rochester Harbor, (e) AUTHORIZATION OF APPROPRIATIONS.— priate Federal agencies shall assist the State There is authorized to be appropriated to of New Jersey in developing and imple- Rochester, New York, and, if the Secretary determines that the project is feasible, the carry out this section $3,000,000 for fiscal menting a comprehensive basinwide strategy years 2001 through 2003. in the Passaic, Hackensack, Raritan, and At- Secretary shall carry out the project. SEC. 543. CUYAHOGA RIVER, OHIO. lantic Coast floodplain areas for coordinated SEC. 541. UPPER MOHAWK RIVER BASIN, NEW (a) IN GENERAL.—The Secretary shall pro- and integrated management of land and YORK. (a) IN GENERAL.—The Secretary, in co- vide technical assistance to non-Federal in- water resources to improve water quality, operation with the Secretary of Agriculture terests for an evaluation of the structural in- reduce flood hazards, and ensure sustainable and the State of New York, shall conduct a tegrity of the bulkhead system located along economic activity. study, develop a strategy, and implement a the Cuyahoga River in the vicinity of Cleve- (b) TECHNICAL ASSISTANCE, STAFF, AND FI- project to reduce flood damages, improve land, Ohio, at a total cost of $500,000. NANCIAL SUPPORT.—The heads of the Federal water quality, and create wildlife habitat (b) EVALUATION.—The evaluation described agencies referred to in subsection (a) may through wetlands restoration, soil and water in subsection (a) shall include design anal- provide technical assistance, staff, and fi- conservation practices, nonstructural meas- ysis, plans and specifications, and cost esti- nancial support for the development of the ures, and other appropriate means in the mates for repair or replacement of the bulk- floodplain management strategy. Upper Mohawk River Basin, at an estimated head system. (c) FLEXIBILITY.—The heads of the Federal Federal cost of $10,000,000. SEC. 544. CROWDER POINT, CROWDER, OKLA- agencies referred to in subsection (a) shall (b) IMPLEMENTATION OF STRATEGY.—The HOMA. exercise flexibility to reduce barriers to effi- Secretary shall implement the strategy At the request of the city of Crowder, cient and effective implementation of the under this section in cooperation with local Oklahoma, the Secretary shall enter into a floodplain management strategy. landowners and local government. Projects long-term lease, not to exceed 99 years, with (d) RESEARCH.—In coordination with aca- to implement the strategy shall be designed the city under which the city may develop, demic and research institutions for support, to take advantage of ongoing or planned ac- operate, and maintain as a public park all or the Secretary may conduct a study to carry tions by other agencies, local municipalities, a portion of approximately 260 acres of land out this section. or nonprofit, nongovernmental organizations known as Crowder Point on Lake Eufaula, SEC. 536. URBANIZED PEAK FLOOD MANAGE- with expertise in wetlands restoration that Oklahoma. The lease shall include such MENT RESEARCH, NEW JERSEY. would increase the effectiveness or decrease terms and conditions as the Secretary deter- (a) IN GENERAL.—The Secretary shall de- the overall cost of implementing rec- mines are necessary to protect the interest velop and implement a research program to ommended projects and may include the ac- of the United States and project purposes evaluate opportunities to manage peak flood quisition of wetlands, from willing sellers, and shall be made without consideration to flows in urbanized watersheds located in the that contribute to the Upper Mohawk River the United States. State of New Jersey. basin ecosystem. SEC. 545. OKLAHOMA-TRIBAL COMMISSION. (b) SCOPE OF RESEARCH.—The research pro- (c) COOPERATION AGREEMENTS.—In carrying (a) FINDINGS.—The House of Representa- gram authorized by subsection (a) shall be out activities under this section, the Sec- tives makes the following findings: accomplished through the New York District retary shall enter into cooperation agree- (1) The unemployment rate in southeastern of Corps of Engineers. The research shall in- ments to provide financial assistance to ap- Oklahoma is 23 percent greater than the na- clude the following: propriate Federal, State, and local govern- tional average. (1) Identification of key factors in the de- ment agencies as well as appropriate non- (2) The per capita income in southeastern velopment of an urbanized watershed that af- profit, nongovernmental organizations with Oklahoma is 62 percent of the national aver- fect peak flows in the watershed and down- expertise in wetlands restoration, with the age. stream. consent of the affected local government. Fi- (3) Reflecting the inadequate job opportu- (2) Development of peak flow management nancial assistance provided may include ac- nities and dwindling resources in poor rural models for 4 to 6 watersheds in urbanized tivities for the implementation of wetlands communities, southeastern Oklahoma is ex- areas with widely differing geology, shapes, restoration projects and soil and water con- periencing an out-migration of people. and soil types that can be used to determine servation measures. (4) Water represents a vitally important re- optimal flow reduction factors for individual (d) NON-FEDERAL SHARE.—The non-Federal source in southeastern Oklahoma. Its abun- watersheds. share of the cost of activities carried out dance offers an opportunity for the residents (c) LOCATION.—The activities authorized by under this section shall be 25 percent and to benefit from their natural resources. this section shall be carried out at the facil- may be provided through in-kind services (5) Trends as described in paragraphs (1), ity authorized by section 103(d) of the Water and materials. (2), and (3) are not conducive to local eco- Resources Development Act of 1992 106 Stat. (e) UPPER MOHAWK RIVER BASIN DEFINED.— nomic development, and efforts to improve In this section, the term ‘‘Upper Mohawk 4812–4813, which may be located on the cam- the management of water in the region River basin’’ means the Mohawk River, its pus of the New Jersey Institute of Tech- would have a positive outside influence on tributaries, and associated lands upstream of nology. the local economy, help reverse these trends, the confluence of the Mohawk River and and improve the lives of local residents. (d) REPORT TO CONGRESS.—The Secretary Canajoharie Creek, and including (b) SENSE OF HOUSE OF REPRESENTATIVES.— shall evaluate policy changes in the planning Canajoharie Creek, New York. In view of the findings described in sub- process for flood damage reduction projects section (a), and in order to assist commu- based on the results of the research under SEC. 542. EASTERN NORTH CAROLINA FLOOD PROTECTION. nities in southeastern Oklahoma in bene- this section and transmit to Congress a re- (a) IN GENERAL.—In order to assist the fiting from their local resources, it is the port on such results not later than 3 years State of North Carolina and local govern- sense of the House of Representatives that— after the date of enactment of this Act. ments in mitigating damages resulting from (1) the State of Oklahoma and the Choctaw (e) AUTHORIZATION OF APPROPRIATIONS.— a major disaster, the Secretary shall carry Nation of Oklahoma and the Chickasaw Na- There is authorized to be appropriated to out flood damage reduction projects in east- tion, Oklahoma, should establish a State- carry out this section $11,000,000 for fiscal ern North Carolina by protecting, clearing, tribal commission composed equally of rep- years beginning after September 30, 2000. and restoring channel dimensions (including resentatives of such Nations and residents of SEC. 537. BLACK ROCK CANAL, BUFFALO, NEW removing accumulated snags and other de- the water basins within the boundaries of YORK. bris) in the following rivers and tributaries: such Nations for the purpose of admin- The Secretary shall provide technical as- (1) New River and tributaries. istering and distributing from the sale of sistance in support of activities of non-Fed- (2) White Oak River and tributaries. water any benefits and net revenues to the eral interests related to the dredging of (3) Neuse River and tributaries. tribes and local entities within the respec- Black Rock Canal in the area between the (4) Pamlico River and tributaries. tive basins; Ferry Street Overpass and the Peace Bridge (b) COST SHARE.—The non-Federal interest (2) any sale of water to entities outside the Overpass in Buffalo, New York. for a project under this section shall— basins should be consistent with the proce- SEC. 538. HAMBURG, NEW YORK. (1) pay 35 percent of the cost of the project; dures and requirements established by the The Secretary shall complete the study of and commission; and a project for shoreline erosion, Old Lake (2) provide any lands, easements, rights-of- (3) if requested, the Secretary should pro- Shore Road, Hamburg, New York, and, if the way, relocations, and material disposal areas vide technical assistance, as appropriate, to Secretary determines that the project is fea- necessary for implementation of the project. facilitate the efforts of the commission.

VerDate 02-OCT-2000 00:55 Oct 20, 2000 Jkt 089060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 E:\CR\FM\A19OC7.009 pfrm01 PsN: H19PT1 October 19, 2000 CONGRESSIONAL RECORD — HOUSE H10339

SEC. 546. COLUMBIA RIVER, OREGON AND WASH- SEC. 548. LOWER COLUMBIA RIVER AND (C) IN-KIND CONTRIBUTIONS.—Not more than INGTON. TILLAMOOK BAY ESTUARY PRO- 50 percent of the non-Federal share required (a) MODELING AND FORECASTING SYSTEM.— GRAM, OREGON AND WASHINGTON. under this subsection may be satisfied by the The Secretary shall develop and implement a (a) IN GENERAL.—The Secretary shall con- provision of in-kind services. modeling and forecasting system for the Co- duct studies and ecosystem restoration (3) OPERATION AND MAINTENANCE.—Non- lumbia River estuary, Oregon and Wash- projects for the lower Columbia River and Federal interests shall be responsible for all ington, to provide real-time information on Tillamook Bay estuaries, Oregon and Wash- costs associated with operating, maintain- existing and future wave, current, tide, and ington. ing, replacing, repairing, and rehabilitating (b) USE OF MANAGEMENT PLANS.— wind conditions. all projects carried out under this section. (b) USE OF CONTRACTS AND GRANTS.—In car- (1) LOWER COLUMBIA RIVER ESTUARY.— (4) FEDERAL LANDS.—Notwithstanding any rying out this section, the Secretary is en- (A) IN GENERAL.—In carrying out eco- other provision of this subsection, the Fed- couraged to use contracts, cooperative system restoration projects under this sec- eral share of the cost of a project carried out agreements, and grants with colleges and tion, the Secretary shall use as a guide the under this section on Federal lands shall be universities and other non-Federal entities. Lower Columbia River estuary program’s 100 percent, including costs of operation and SEC. 547. JOHN DAY POOL, OREGON AND WASH- comprehensive conservation and manage- INGTON. maintenance. ment plan developed under section 320 of the (f) DEFINITIONS.—In this section, the fol- (a) EXTINGUISHMENT OF REVERSIONARY IN- Federal Water Pollution Control Act (33 lowing definitions apply: TERESTS AND USE RESTRICTIONS.—With re- U.S.C. 1330). (1) LOWER COLUMBIA RIVER ESTUARY.—The spect to the lands described in each deed list- (B) CONSULTATION.—The Secretary shall ed in subsection (b)— term ‘‘lower Columbia River estuary’’ means carry out ecosystem restoration projects those river reaches having navigation chan- (1) the reversionary interests and the use under this section for the lower Columbia restrictions relating to port or industrial nels on the mainstem of the Columbia River River estuary in consultation with the in Oregon and Washington west of Bonneville purposes are extinguished; States of Oregon and Washington, the Envi- (2) the human habitation or other building Dam, and the tributaries of such reaches to ronmental Protection Agency, the United the extent such tributaries are tidally influ- structure use restriction is extinguished in States Fish and Wildlife Service, the Na- each area where the elevation is above the enced. tional Marine Fisheries Service, and the For- (2) TILLAMOOK BAY ESTUARY.—The term standard project flood elevation; and est Service. (3) the use of fill material to raise areas ‘‘Tillamook Bay estuary’’ means those wa- (2) TILLAMOOK BAY ESTUARY.— above the standard project flood elevation, ters of Tillamook Bay in Oregon and its trib- (A) IN GENERAL.—In carrying out eco- without increasing the risk of flooding in or utaries that are tidally influenced. system restoration projects under this sec- (g) AUTHORIZATION OF APPROPRIATIONS.— outside of the floodplain, is authorized, ex- tion, the Secretary shall use as a guide the cept in any area constituting wetland for There is authorized to be appropriated to Tillamook Bay national estuary project’s which a permit under section 404 of the Fed- carry out this section $40,000,000. comprehensive conservation and manage- eral Water Pollution Control Act (33 U.S.C. SEC. 549. SKINNER BUTTE PARK, EUGENE, OR- ment plan developed under section 320 of the 1344) would be required. EGON. Federal Water Pollution Control Act (33 (b) AFFECTED DEEDS.—The following deeds Section 546(b) of the Water Resources De- are referred to in subsection (a): U.S.C. 1330). velopment Act of 1999 (113 Stat. 351) is (1) The deeds executed by the United (B) CONSULTATION.—The Secretary shall amended by adding at the end the following: States and bearing Morrow County, Oregon, carry out ecosystem restoration projects ‘‘If the Secretary participates in the project, Auditor’s Microfilm Numbers 229 and 16226. under this section for the Tillamook Bay es- the Secretary shall carry out a monitoring (2) The deed executed by the United States tuary in consultation with the State of Or- program for 3 years after construction to and bearing Benton County, Washington, egon, the Environmental Protection Agency, evaluate the ecological and engineering ef- Auditor’s File Number 601766, but only as the United States Fish and Wildlife Service, fectiveness of the project and its applica- that deed applies to the following portion of the National Marine Fisheries Service, and bility to other sites in the Willamette Val- lands conveyed by that deed: the Forest Service. ley.’’ A tract of land lying in Section 7, Town- (c) AUTHORIZED ACTIVITIES.— SEC. 550. WILLAMETTE RIVER BASIN, OREGON. ship 5 north, Range 28 east of the Willamette (1) IN GENERAL.—In carrying out ecosystem Section 547 of the Water Resources Devel- meridian, Benton County, Washington, said restoration projects under this section, the opment Act of 1999 (113 Stat. 351–352) is tract being more particularly described as Secretary shall undertake activities nec- amended by adding at the end the following: follows: essary to protect, monitor, and restore fish ‘‘(d) RESEARCH.—In coordination with aca- Commencing at the point of intersection of and wildlife habitat. demic and research institutions for support, the centerlines of Plymouth Street and (2) LIMITATIONS.—The Secretary may not the Secretary may conduct a study to carry Third Avenue in the First Addition to the carry out any activity under this section out this section.’’. Town of Plymouth (according to the duly re- that adversely affects— SEC. 551. LACKAWANNA RIVER, PENNSYLVANIA. corded Plat thereof); (A) the water-related needs of the lower (a) IN GENERAL.—Section 539(a) of the thence westerly along the said centerline Columbia River estuary or the Tillamook Water Resources Development Act of 1996 of Third Avenue, a distance of 565 feet; Bay estuary, including navigation, recre- (110 Stat. 3776) is amended— thence south 54° 10′ west, to a point on the ation, and water supply needs; or (1) by striking ‘‘and’’ at the end of para- west line of Tract 18 of said Addition and the (B) private property rights. graph (1)(A); true point of beginning; (d) PRIORITY.—In determining the priority (2) by striking the period at the end of thence north, parallel with the west line of of projects to be carried out under this sec- paragraph (1)(B) and inserting ‘‘; and’’; and said Section 7, to a point on the north line of tion, the Secretary shall consult with the (3) by adding at the end the following: said Section 7; Implementation Committee of the Lower Co- ‘‘(C) the Lackawanna River, Pennsyl- thence west along the north line thereof to lumbia River Estuary Program and the Per- vania.’’. the northwest corner of said Section 7; formance Partnership Council of the (b) AUTHORIZATION OF APPROPRIATIONS.— thence south along the west line of said Tillamook Bay National Estuary Project, Section 539(d) of such Act (110 Stat. 3776–3777) Section 7 to a point on the ordinary high and shall consider the recommendations of is amended— water line of the Columbia River; such entities. (1) by striking ‘‘(a)(1)(A) and’’ and insert- thence northeasterly along said high water (e) COST-SHARING REQUIREMENTS.— ing ‘‘(a)(1)(A),’’; and line to a point on the north and south coordi- (1) STUDIES.—Studies conducted under this (2) by inserting ‘‘, and $5,000,000 for projects nate line of the Oregon Coordinate System, section shall be subject to cost sharing in ac- undertaken under subsection (a)(1)(C)’’ be- North Zone, said coordinate line being east cordance with section 105 of the Water Re- fore the period at the end. 2,291,000 feet; sources Development Act of 1986 (33 U.S.C. SEC. 552. PHILADELPHIA, PENNSYLVANIA. thence north along said line to a point on 2215). (a) IN GENERAL.—The Secretary shall pro- the south line of First Avenue of said Addi- (2) ECOSYSTEM RESTORATION PROJECTS.— vide assistance to the Delaware River Port tion; (A) IN GENERAL.—Non-Federal interests Authority to deepen the Delaware River at thence westerly along First Avenue to a shall pay 35 percent of the cost of any eco- Pier 122 in Philadelphia, Pennsylvania. point on southerly extension of the west line system restoration project carried out under (b) AUTHORIZATION OF APPROPRIATIONS.— of Tract 18; this section. There is authorized to be appropriated thence northerly along said west line of (B) ITEMS PROVIDED BY NON-FEDERAL INTER- $1,000,000 to carry out this section. Tract 18 to the point of beginning. ESTS.—Non-Federal interests shall provide SEC. 553. ACCESS IMPROVEMENTS, RAYSTOWN (3) The deed recorded October 17, 1967, in all land, easements, rights-of-way, dredged LAKE, PENNSYLVANIA. book 291, page 148, Deed of Records of material disposal areas, and relocations nec- The Commonwealth of Pennsylvania may Umatilla County, Oregon, executed by the essary for ecosystem restoration projects to transfer any unobligated funds made avail- United States. be carried out under this section. The value able to the Commonwealth for item number (c) NO EFFECT ON OTHER NEEDS.—Nothing of such land, easements, rights-of-way, 1278 of the table contained in section 1602 of in this section affects the remaining rights dredged material disposal areas, and reloca- Public Law 105–178, to the Secretary for ac- and interests of the Corps of Engineers for tions shall be credited toward the payment cess improvements at the Raystown Lake authorized project purposes. required under this paragraph. project, Pennsylvania.

VerDate 02-OCT-2000 00:55 Oct 20, 2000 Jkt 089060 PO 00000 Frm 00051 Fmt 4634 Sfmt 0634 E:\CR\FM\A19OC7.010 pfrm01 PsN: H19PT1 H10340 CONGRESSIONAL RECORD — HOUSE October 19, 2000 SEC. 554. UPPER SUSQUEHANNA RIVER BASIN, the area of the Puget Sound and its adjacent ests, and title in the land transferred to the PENNSYLVANIA AND NEW YORK. waters, including the watersheds that drain city under section 203 of the Water Resources Section 567 of the Water Resources Devel- directly into Puget Sound, Admiralty Inlet, Development Act of 1990 (104 Stat. 4632) to opment Act of 1996 (110 Stat. 3787–3788) is Hood Canal, Rosario Strait, and the eastern the city of Tacoma, Washington. amended— portion of the Strait of Juan de Fuca. (b) CONDITIONS.—The transfer under this (1) by striking subsection (a)(2) and insert- (b) PROJECT SELECTION.—The Secretary, in section shall be subject to the conditions set ing the following: consultation with appropriate Federal, trib- forth in section 203(b) of the Water Resources ‘‘(2) The Susquehanna River watershed up- al, State, and local agencies, (including the Development Act of 1990 (104 Stat. 4632); ex- stream of the Chemung River, New York, at Salmon Recovery Funding Board, Northwest cept that the condition set forth in para- an estimated Federal cost of $10,000,000.’’; Straits Commission, Hood Canal Coordi- graph (1) of such section shall apply to the and nating Council, county watershed planning city of Tacoma only for so long as the city (2) by striking subsections (c) and (d) and councils, and salmon enhancement groups) of Tacoma has a valid license with the Fed- inserting the following: may identify critical restoration projects eral Energy Regulatory Commission relating ‘‘(c) COOPERATION AGREEMENTS.—In con- and may implement those projects after en- to operation of the Wynoochee Dam, Wash- ducting the study and developing the strat- tering into an agreement with an appro- ington. egy under this section, the Secretary shall priate non-Federal interest in accordance (c) LIMITATION.—The transfer under sub- enter into cooperation agreements to provide with the requirements of section 221 of the section (a) may be made only after the Sec- financial assistance to appropriate Federal, Flood Control Act of 1970 (42 U.S.C. 1962d–5b) retary determines that the city of Tacoma State, and local government agencies as well and this section. will be able to operate, maintain, repair, re- as appropriate nonprofit, nongovernmental (c) PROJECT COST LIMITATION.—Of amounts place, and rehabilitate the project for organizations with expertise in wetlands res- appropriated to carry out this section, not Wynoochee Lake, Wynoochee River, Wash- toration, with the consent of the affected more than $2,500,000 may be allocated to ington, authorized by section 203 of the local government. Financial assistance pro- carry out any project. Flood Control Act of 1962 (76 Stat. 1193), in vided may include activities for the imple- (d) COST SHARING.— accordance with such regulations as the Sec- mentation of wetlands restoration projects (1) IN GENERAL.—The non-Federal interest retary may issue to ensure that such oper- and soil and water conservation measures. for a critical restoration project under this ation, maintenance, repair, replacement, and ‘‘(d) IMPLEMENTATION OF STRATEGY.—The section shall— rehabilitation is consistent with project pur- Secretary shall undertake development and (A) pay 35 percent of the cost of the poses. implementation of the strategy under this project; (d) WATER SUPPLY CONTRACT.—The water section in cooperation with local landowners (B) provide any lands, easements, rights-of- supply contract designated as DACWD 67–68– and local government officials. Projects to way, relocations, and dredged material dis- C–0024 shall be null and void if the Secretary implement the strategy shall be designed to posal areas necessary for implementation of exercises the reversionary right set forth in take advantage of ongoing or planned ac- the project; section 203(b)(3) of the Water Resources De- tions by other agencies, local municipalities, (C) pay 100 percent of the operation, main- velopment Act of 1990 (104 Stat. 4632). or nonprofit, nongovernmental organizations tenance, repair, replacement, and rehabilita- SEC. 561. SNOHOMISH RIVER, WASHINGTON. with expertise in wetlands restoration that tion costs associated with the project; and In coordination with appropriate Federal, would increase the effectiveness or decrease (D) hold the United States harmless from tribal, and State agencies, the Secretary the overall cost of implementing rec- liability due to implementation of the may carry out a project to address data ommended projects and may include the ac- project, except for the negligence of the Fed- needs regarding the outmigration of juvenile quisition of wetlands, from willing sellers, eral Government or its contractors. chinook salmon in the Snohomish River, that contribute to the Upper Susquehanna (2) CREDIT.—The Secretary shall provide Washington. River basin ecosystem.’’. credit to the non-Federal interest for a crit- SEC. 562. BLUESTONE, WEST VIRGINIA. ical restoration project under this section SEC. 555. CHICKAMAUGA LOCK, CHATTANOOGA, (a) IN GENERAL.—Notwithstanding any TENNESSEE. for the value of any lands, easements, rights- of-way, relocations, and dredged material other provision of law, the Tri-Cities Power (a) TRANSFER FROM TVA.—The Tennessee Authority of West Virginia is authorized to Valley Authority shall transfer $200,000 to disposal areas provided by the non-Federal interest for the project. design and construct hydroelectric gener- the Secretary for the preparation of a report ating facilities at the Bluestone Lake facil- (3) MEETING NON-FEDERAL COST SHARE.—The of the Chief of Engineers for a replacement ity, West Virginia, under the terms and con- lock at Chickamauga Lock and Dam, Chat- non-Federal interest may provide up to 50 percent of the non-Federal share of the cost ditions of the agreement referred to in sub- tanooga, Tennessee. section (b). (b) REPORT.—The Secretary shall accept of a project under this section through the (b) AGREEMENT.— and use the funds transferred under sub- provision of services, materials, supplies, or (1) AGREEMENT TERMS.—Conditioned upon section (a) to prepare the report referred to other in-kind services. (e) CRITICAL RESTORATION PROJECT DE- the parties agreeing to mutually acceptable in subsection (a). terms and conditions, the Secretary and the SEC. 556. JOE POOL LAKE, TEXAS. FINED.—In this section, the term ‘‘critical restoration project’’ means a water resource Secretary of Energy, acting through the If the city of Grand Prairie, Texas, enters project that will produce, consistent with ex- Southeastern Power Administration, may into a binding agreement with the Secretary isting Federal programs, projects, and ac- enter into a binding agreement with the Tri- under which— tivities, immediate and substantial environ- Cities Power Authority under which the Tri- (1) the city agrees to assume all of the re- mental protection and restoration benefits. Cities Power Authority agrees to each of the sponsibilities (other than financial respon- (f) AUTHORIZATION OF APPROPRIATIONS.— following: sibilities) of the Trinity River Authority of There is authorized to be appropriated to (A) To design and construct the generating Texas under Corps of Engineers contract carry out this section $40,000,000. facilities referred to in subsection (a) within #DACW63–76–C–0166, including operation and 4 years after the date of such agreement. maintenance of the recreation facilities in- SEC. 559. SHOALWATER BAY INDIAN TRIBE, WILLAPA BAY, WASHINGTON. (B) To reimburse the Secretary for— cluded in the contract; and (a) PLACEMENT OF DREDGED MATERIAL ON (i) the cost of approving such design and (2) to pay the Federal Government a total SHORE.—For the purpose of addressing coast- inspecting such construction; of $4,290,000 in 2 installments, 1 in the al erosion, the Secretary shall place, on an (ii) the cost of providing any assistance au- amount of $2,150,000, which shall be due and emergency one-time basis, dredged material thorized under subsection (c)(2); and payable no later than December 1, 2000, and from a Federal navigation project on the (iii) the redistributed costs associated with 1 in the amount of $2,140,000, which shall be shore of the tribal reservation of the the original construction of the dam and due and payable no later than December 1, Shoalwater Bay Indian Tribe, Willapa Bay, dam safety if all parties agree with the 2003, Washington, at Federal expense. method of the development of the chargeable the Trinity River Authority shall be relieved (b) PLACEMENT OF DREDGED MATERIAL ON amounts associated with hydropower at the of all of its financial responsibilities under PROTECTIVE DUNES.—The Secretary shall facility. the contract as of the date the Secretary en- place dredged material from Willapa Bay on (C) To release and indemnify the United ters into the agreement with the city. the remaining protective dunes on the tribal States from any claims, causes of action, or SEC. 557. BENSON BEACH, FORT CANBY STATE reservation of the Shoalwater Bay Indian liabilities which may arise from such design PARK, WASHINGTON. Tribe, at Federal expense. and construction of the facilities referred to The Secretary shall place dredged material (c) STUDY OF COASTAL EROSION.—The Sec- in subsection (a), including any liability that at Benson Beach, Fort Canby State Park, retary shall conduct a study to develop long- may arise out of the removal of the facility Washington, in accordance with section 204 term solutions to coastal erosion problems if directed by the Secretary. of the Water Resources Development Act of at the tribal reservation of the Shoalwater (2) ADDITIONAL TERMS.—The agreement 1992 (33 U.S.C. 2326). Bay Indian Tribe at Federal expense. shall also specify each of the following: SEC. 558. PUGET SOUND AND ADJACENT WATERS SEC. 560. WYNOOCHEE LAKE, WYNOOCHEE (A) The procedures and requirements for RESTORATION, WASHINGTON. RIVER, WASHINGTON. approval and acceptance of design, construc- (a) IN GENERAL.—The Secretary may par- (a) IN GENERAL.—The city of Aberdeen, tion, and operation and maintenance of the ticipate in critical restoration projects in Washington, may transfer its rights, inter- facilities referred in subsection (a).

VerDate 02-OCT-2000 00:55 Oct 20, 2000 Jkt 089060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\CR\FM\A19OC7.010 pfrm01 PsN: H19PT1 October 19, 2000 CONGRESSIONAL RECORD — HOUSE H10341 (B) The rights, responsibilities, and liabil- (2) to repay those funds, including interest cluding their watersheds, draining into the ities of each party to the agreement. and any administrative expenses, directly Illinois River. (C) The amount of the payments under sub- from the revenues from the sale of power (b) COMPREHENSIVE PLAN.— section (f) of this section and the procedures produced by such facilities of the inter- (1) DEVELOPMENT.—The Secretary shall de- under which such payments are to be made. connected systems of reservoirs operated by velop, as expeditiously as practicable, a pro- (c) OTHER REQUIREMENTS.— the Secretary and marketed by the South- posed comprehensive plan for the purpose of (1) PROHIBITION.—No Federal funds may be eastern Power Administration. restoring, preserving, and protecting the Illi- expended for the design, construction, and (h) SAVINGS CLAUSE.—Nothing in this sec- nois River basin. operation and maintenance of the facilities tion affects any requirement under Federal (2) TECHNOLOGIES AND INNOVATIVE AP- referred to in subsection (a) prior to the date or State environmental law relating to the PROACHES.—The comprehensive plan shall on which such facilities are accepted by the licensing or operation of such facilities. provide for the development of new tech- Secretary under subsection (d). SEC. 563. LESAGE/GREENBOTTOM SWAMP, WEST nologies and innovative approaches— (2) REIMBURSEMENT.—Notwithstanding any VIRGINIA. (A) to enhance the Illinois River as a vital other provision of law, if requested by the Section 30 of the Water Resources Develop- transportation corridor; Tri-Cities Power Authority, the Secretary ment Act of 1988 (102 Stat. 4030) is amended (B) to improve water quality within the en- may provide, on a reimbursable basis, assist- by adding at the end the following: tire Illinois River basin; (C) to restore, enhance, and preserve habi- ance in connection with the design and con- ‘‘(d) HISTORIC STRUCTURE.—The Secretary struction of the generating facilities referred shall ensure the stabilization and preserva- tat for plants and wildlife; and to in subsection (a). tion of the structure known as the Jenkins (D) to increase economic opportunity for (d) COMPLETION OF CONSTRUCTION.— House located within the Lesage/ agriculture and business communities. (1) TRANSFER OF FACILITIES.—Notwith- Greenbottom Swamp in accordance with (3) SPECIFIC COMPONENTS.—The comprehen- standing any other provision of law, upon sive plan shall include such features as are standards for sites listed on the National completion of the construction of the facili- necessary to provide for— Register of Historic Places.’’. ties referred to in subsection (a) and final ap- (A) the development and implementation proval of such facility by the Secretary, the SEC. 564. TUG FORK RIVER, WEST VIRGINIA. of a program for sediment removal tech- Tri-Cities Power Authority shall transfer (a) IN GENERAL.—The Secretary may pro- nology, sediment characterization, sediment without consideration title to such facilities vide planning, design, and construction as- transport, and beneficial uses of sediment; to the United States, and the Secretary sistance to non-Federal interests for projects (B) the development and implementation shall— located along the Tug Fork River in West of a program for the planning, conservation, (A) accept the transfer of title to such fa- Virginia and identified by the master plan evaluation, and construction of measures for cilities on behalf of the United States; and developed pursuant to section 114(t) of the fish and wildlife habitat conservation and re- (B) operate and maintain the facilities re- Water Resources Development Act of 1992 habilitation, and stabilization and enhance- ferred to in subsection (a). (106 Stat. 4820). ment of land and water resources in the (2) CERTIFICATION.—The Secretary is au- (b) PRIORITIES.—In providing assistance basin; thorized to accept title to the facilities pur- under this section, the Secretary shall give (C) the development and implementation suant to paragraph (1) only after certifying priority to the primary development dem- of a long-term resource monitoring program; that the quality of the construction meets onstration sites in West Virginia identified and all standards established for similar facili- by the master plan referred to in subsection (D) the development and implementation ties constructed by the Secretary. (a). of a computerized inventory and analysis (3) AUTHORIZED PROJECT PURPOSES.—The (c) AUTHORIZATION OF APPROPRIATIONS.— system. operation and maintenance of the facilities There is authorized to be appropriated to (4) CONSULTATION.—The comprehensive shall be conducted in a manner that is con- carry out this section $1,000,000. plan shall be developed by the Secretary in sistent with other authorized project pur- SEC. 565. VIRGINIA POINT RIVERFRONT PARK, consultation with appropriate Federal agen- poses of the Bluestone Lake facility. WEST VIRGINIA. cies, the State of Illinois, and the Illinois (e) EXCESS POWER.—Pursuant to any agree- (a) IN GENERAL.—The Secretary may pro- River Coordinating Council. ment under subsection (b), the Southeastern vide planning, design, and construction as- (5) REPORT TO CONGRESS.—Not later than 2 Power Administration shall market the ex- sistance to non-Federal interests for the years after the date of enactment of this cess power produced by the facilities referred project at Virginia Point, located at the con- Act, the Secretary shall transmit to Con- to in subsection (a) in accordance with sec- fluence of the Ohio and Big Sandy Rivers in gress a report containing the comprehensive tion 5 of the Rivers and Harbors Act of De- West Virginia, identified by the preferred plan. cember 22, 1944 (16 U.S.C. 825s; 58 Stat. 890). plan set forth in the feasibility study dated (6) ADDITIONAL STUDIES AND ANALYSES.— (f) PAYMENTS.—Notwithstanding any other September 1999, and carried out under the After transmission of a report under para- provision of law, the Secretary of Energy, West Virginia-Ohio River Comprehensive acting through the Southeastern Power Ad- graph (5), the Secretary shall continue to Study authorized by a resolution dated Sep- ministration, is authorized to pay in accord- conduct such studies and analyses related to tember 8, 1988, by the Committee on Public ance with the terms of the agreement en- the comprehensive plan as are necessary, tered into under subsection (b) out of the Works and Transportation of the House of consistent with this subsection. RITICAL RESTORATION PROJECTS.— revenues from the sale of power produced by Representatives. (c) C the generating facility of the interconnected (b) AUTHORIZATION OF APPROPRIATIONS.— (1) IN GENERAL.—If the Secretary, in co- systems of reservoirs operated by the Sec- There is authorized to be appropriated to operation with appropriate Federal agencies retary and marketed by the Southeastern carry out this section $3,100,000. and the State of Illinois, determines that a Power Administration— SEC. 566. SOUTHERN WEST VIRGINIA. restoration project for the Illinois River (1) to the Tri-Cities Power Authority all Section 340(a) of the Water Resources De- basin will produce independent, immediate, reasonable costs incurred by the Tri-Cities velopment Act of 1992 (106 Stat. 4856) is and substantial restoration, preservation, Power Authority in the design and construc- amended by inserting ‘‘environmental res- and protection benefits, the Secretary shall tion of the facilities referred to in subsection toration,’’ after ‘‘distribution facilities,’’. proceed expeditiously with the implementa- tion of the project. (a), including the capital investment in such SEC. 567. FOX RIVER SYSTEM, WISCONSIN. (2) AUTHORIZATION OF APPROPRIATIONS.— facilities and a reasonable rate of return on Section 332(a) of the Water Resources De- There is authorized to be appropriated to such capital investment; and velopment Act of 1992 (106 Stat. 4852) is carry out projects under this subsection (2) to the Secretary, in accordance with amended by adding at the end the following: $100,000,000 for fiscal years 2001 through 2004. the terms of the agreement entered into ‘‘Such terms and conditions may include a (3) FEDERAL SHARE.—The Federal share of under subsection (b) out of the revenues from payment or payments to the State of Wis- the cost of carrying out any project under the sale of power produced by the generating consin to be used toward the repair and reha- this subsection shall not exceed $5,000,000. facility of the interconnected systems of res- bilitation of the locks and appurtenant fea- (d) GENERAL PROVISIONS.— ervoirs operated by the Secretary and mar- tures to be transferred.’’. keted by the Southeastern Power Adminis- (1) WATER QUALITY.—In carrying out tration, all reasonable costs incurred by the SEC. 568. SURFSIDE/SUNSET AND NEWPORT projects and activities under this section, BEACH, CALIFORNIA. Secretary in the operation and maintenance the Secretary shall take into account the The Secretary shall treat the Surfside/Sun- of facilities referred to in subsection (a). protection of water quality by considering set Newport Beach element of the project for (g) AUTHORITY OF SECRETARY OF ENERGY.— applicable State water quality standards. Notwithstanding any other provision of law, beach erosion, Orange County, California, (2) PUBLIC PARTICIPATION.—In developing the Secretary of Energy, acting through the authorized by section 101 of the River and the comprehensive plan under subsection (b) Southeastern Power Administration, is au- Harbor Act of 1962 (76 Stat. 1177), as con- and carrying out projects under subsection thorized— tinuing construction. (c), the Secretary shall implement proce- (1) to construct such transmission facili- SEC. 569. ILLINOIS RIVER BASIN RESTORATION. dures to facilitate public participation, in- ties as necessary to market the power pro- (a) ILLINOIS RIVER BASIN DEFINED.—In this cluding providing advance notice of meet- duced at the facilities referred to in sub- section, the term ‘‘Illinois River basin’’ ings, providing adequate opportunity for section (a) with funds contributed by the means the Illinois River, Illinois, its back- public input and comment, maintaining ap- Tri-Cities Power Authority; and waters, side channels, and all tributaries, in- propriate records, and making a record of

VerDate 02-OCT-2000 00:55 Oct 20, 2000 Jkt 089060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\CR\FM\A19OC7.010 pfrm01 PsN: H19PT1 H10342 CONGRESSIONAL RECORD — HOUSE October 19, 2000

the proceedings of meetings available for (B) WORK.—If the Secretary determines (b) DREDGING LEVELS.—In operating and public inspection. that any work completed by a non-Federal maintaining Federal channels and harbors (e) COORDINATION.—The Secretary shall in- interest, regardless of the date of comple- of, and the connecting channels between, the tegrate and coordinate projects and activi- tion, is integral to a project or activity car- Great Lakes, the Secretary shall conduct ties carried out under this section with ongo- ried out under this section, the Secretary such dredging as is necessary to ensure mini- ing Federal and State programs, projects, may credit the value of the work toward the mal operation depths consistent with the and activities, including the following: non-Federal share of the cost of the project original authorized depths of the channels (1) Upper Mississippi River System-Envi- or activity. Such value shall be determined and harbors when water levels in the Great ronmental Management Program authorized by the Secretary. Lakes are, or are forecast to be, below the under section 1103 of the Water Resources SEC. 570. GREAT LAKES. International Great Lakes Datum of 1985. Development Act of 1986 (33 U.S.C. 652). (a) GREAT LAKES TRIBUTARY MODEL.—Sec- SEC. 573. DREDGED MATERIAL RECYCLING. (2) Upper Mississippi River Illinois Water- tion 516 of the Water Resources Development (a) PILOT PROGRAM.—The Secretary shall way System Study. Act of 1996 (33 U.S.C. 2326b) is amended— conduct a pilot program to provide incen- (3) Kankakee River Basin General Inves- (1) by adding at the end of subsection (e) tives for the removal of dredged material tigation. the following: from a confined disposal facility associated (4) Peoria Riverfront Development General ‘‘(3) REPORT.—Not later than December 31, with a harbor on the Great Lakes or the Investigation. 2003, the Secretary shall transmit to Con- Saint Lawrence River and a harbor on the (5) Illinois River Ecosystem Restoration gress a report on the Secretary’s activities Delaware River in Pennsylvania for the pur- General Investigation. pose of recycling the dredged material and (6) Conservation Reserve Program and under this subsection.’’; and extending the life of the confined disposal fa- other farm programs of the Department of (2) in subsection (g)— cility. Agriculture. (A) by striking ‘‘There is authorized’’ and (b) REPORT.—Not later than 90 days after (7) Conservation Reserve Enhancement inserting the following: the date of completion of the pilot program, Program (State) and Conservation 2000, Eco- ‘‘(1) IN GENERAL.—There is authorized’’; the Secretary shall transmit to Congress a system Program of the Illinois Department (B) by adding at the end the following: report on the results of the program. of Natural Resources. ‘‘(2) GREAT LAKES TRIBUTARY MODEL.—In (c) AUTHORIZATION OF APPROPRIATIONS.— (8) Conservation 2000 Conservation Prac- addition to amounts made available under There is authorized to be appropriated to tices Program and the Livestock Manage- paragraph (1), there is authorized to be ap- carry out this section $2,000,000. ment Facilities Act administered by the Illi- propriated to carry out subsection (e) nois Department of Agriculture. $5,000,000 for each of fiscal years 2002 through SEC. 574. WATERSHED MANAGEMENT, RESTORA- TION, AND DEVELOPMENT. (9) National Buffer Initiative of the Nat- 2006.’’; and Section 503(d) of the Water Resources De- ural Resources Conservation Service. (C) by aligning the remainder of the text of velopment Act of 1996 (110 Stat. 3756–3757; 113 (10) Nonpoint source grant program admin- paragraph (1) (as designated by subparagraph istered by the Illinois Environmental Pro- (A) of this paragraph) with paragraph (2) (as Stat. 288) is amended by adding at the end tection Agency. added by subparagraph (B) of this para- the following: (f) JUSTIFICATION.— graph). ‘‘(28) Tomales Bay watershed, California. (1) IN GENERAL.—Notwithstanding section (b) ALTERNATIVE ENGINEERING TECH- ‘‘(29) Kaskaskia River watershed, Illinois. 209 of the Flood Control Act of 1970 (42 U.S.C. NOLOGIES.— ‘‘(30) Sangamon River watershed, Illinois. 1962–2) or any other provision of law, in car- (1) DEVELOPMENT OF PLAN.—The Secretary ‘‘(31) Lackawanna River watershed, Penn- rying out activities to restore, preserve, and shall develop and transmit to Congress a sylvania. protect the Illinois River basin under this plan to enhance the application of ecological ‘‘(32) Upper Charles River watershed, Mas- section, the Secretary may determine that principles and practices to traditional engi- sachusetts. the activities— neering problems at Great Lakes shores. ‘‘(33) Brazos River watershed, Texas.’’. (A) are justified by the environmental ben- (2) AUTHORIZATION OF APPROPRIATIONS.— SEC. 575. MAINTENANCE OF NAVIGATION CHAN- efits derived by the Illinois River basin; and There is authorized to be appropriated to NELS. (B) shall not need further economic jus- carry out this subsection $200,000. Activities Section 509(a) of the Water Resources De- tification if the Secretary determines that under this subsection shall be carried out at velopment Act of 1996 (110 Stat. 3759; 113 the activities are cost-effective. Federal expense. Stat. 339) is amended by adding at the end (2) APPLICABILITY.—Paragraph (1) shall not (c) FISHERIES AND ECOSYSTEM RESTORA- the following: apply to any separable element intended to TION.— ‘‘(16) Cameron Loop, Louisiana, as part of produce benefits that are predominantly un- (1) DEVELOPMENT OF PLAN.—The Secretary the Calcasieu River and Pass Ship Channel. related to the restoration, preservation, and shall develop and transmit to Congress a ‘‘(17) Morehead City Harbor, North Caro- protection of the Illinois River basin. plan for implementing Corps of Engineers ac- lina.’’. (g) COST SHARING.— tivities, including ecosystem restoration, to SEC. 576. SUPPORT OF ARMY CIVIL WORKS PRO- (1) IN GENERAL.—The non-Federal share of enhance the management of Great Lakes GRAM. the cost of projects and activities carried out fisheries. The requirements of section 2361 of title 10, under this section shall be 35 percent. (2) AUTHORIZATION OF APPROPRIATIONS.— United States Code, shall not apply to any (2) OPERATION, MAINTENANCE, REHABILITA- There is authorized to be appropriated to contract, cooperative research and develop- TION, AND REPLACEMENT.—The operation, carry out this subsection $300,000. Activities ment agreement, cooperative agreement, or maintenance, rehabilitation, and replace- under this subsection shall be carried out at grant entered into under section 229 of the ment of projects carried out under this sec- Federal expense. Water Resources Development Act of 1996 tion shall be a non-Federal responsibility. SEC. 571. GREAT LAKES REMEDIAL ACTION (110 Stat. 3703) between the Secretary and (3) IN-KIND SERVICES.—The value of in-kind PLANS AND SEDIMENT REMEDI- Marshall University or entered into under services provided by the non-Federal interest ATION. section 350 of the Water Resources Develop- for a project or activity carried out under Section 401 of the Water Resources Devel- ment Act of 1999 (113 Stat. 310) between the this section may be credited toward not opment Act of 1990 (33 U.S.C. 1268 note; 110 Secretary and Juniata College. more than 80 percent of the non-Federal Stat. 3763; 113 Stat. 338) is amended— SEC. 577. NATIONAL RECREATION RESERVATION share of the cost of the project or activity. (1) in subsection (a)(2)(A) by striking ‘‘50 SERVICE. In-kind services shall include all State funds percent’’ and inserting ‘‘35 percent’’; Notwithstanding section 611 of the Treas- expended on programs and projects which ac- (2) in subsection (b)— ury and General Government Appropriations complish the goals of this section, as deter- (A) by striking paragraph (3); Act, 1999 (112 Stat. 2861–515), the Secretary mined by the Secretary. Such programs and (B) in the first sentence of paragraph (4) by may participate in the National Recreation projects may include the Illinois River Con- striking ‘‘50 percent’’ and inserting ‘‘35 per- Reservation Service on an interagency basis servation Reserve Program, the Illinois Con- cent’’; and and fund the Department of the Army’s servation 2000 Program, the Open Lands (C) by redesignating paragraph (4) as para- share of the cost of activities required for Trust Fund, and other appropriate programs graph (3); and implementing, operating, and maintaining carried out in the Illinois River basin. (3) in subsection (c) by striking ‘‘$5,000,000 the Service. (4) CREDIT.— for each of fiscal years 1998 through 2000.’’ SEC. 578. HYDROGRAPHIC SURVEY. (A) VALUE OF LANDS.—If the Secretary de- and inserting ‘‘$10,000,000 for each of fiscal The Secretary shall enter into an agree- termines that lands or interests in land ac- years 2001 through 2005.’’. ment with the Administrator of the National quired by a non-Federal interest, regardless SEC. 572. GREAT LAKES DREDGING LEVELS AD- Oceanographic and Atmospheric Administra- of the date of acquisition, are integral to a JUSTMENT. tion to require the Secretary, not later than project or activity carried out under this (a) DEFINITION OF GREAT LAKE.—In this 60 days after the Corps of Engineers com- section, the Secretary may credit the value section, the term ‘‘Great Lake’’ means Lake pletes a project involving dredging of a chan- of the lands or interests in land toward the Superior, Lake Michigan, Lake Huron (in- nel, to provide data to the Administration in non-Federal share of the cost of the project cluding Lake St. Clair), Lake Erie, and Lake a standard digital format on the results of a or activity. Such value shall be determined Ontario (including the St. Lawrence River to hydrographic survey of the channel con- by the Secretary. the 45th parallel of latitude). ducted by the Corps of Engineers.

VerDate 02-OCT-2000 00:55 Oct 20, 2000 Jkt 089060 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 E:\CR\FM\A19OC7.010 pfrm01 PsN: H19PT1 October 19, 2000 CONGRESSIONAL RECORD — HOUSE H10343

SEC. 579. PERCHLORATE. ‘‘(j) NO EFFECT ON LIABILITY.—The provi- 1992 (106 Stat. 4835), the Secretary may pro- (a) IN GENERAL.—The Secretary, in co- sion of assistance under this section shall vide technical, planning, and design assist- operation with Federal, State, and local gov- not relieve from liability any person that ance to non-Federal interests to carry out ernment agencies, may participate in studies would otherwise be liable under Federal or water-related projects described in this sec- and other investigative activities and in the State law for damages, response costs, nat- tion. planning and design of projects determined ural resource damages, restitution, equitable (b) NON-FEDERAL SHARE.—Notwithstanding by the Secretary to offer a long-term solu- relief, or any other relief. section 219(b) of the Water Resources Devel- tion to the problem of groundwater contami- ‘‘(k) AUTHORIZATION OF APPROPRIATIONS.— opment Act of 1992 (106 Stat. 4835), the non- nation caused by perchlorates. There is authorized to be appropriated to Federal share of the cost of each project as- (b) INVESTIGATIONS AND PROJECTS.— carry out this section $45,000,000. Such sums sisted in accordance with this section shall (1) BOSQUE AND LEON RIVERS.—The Sec- shall remain available until expended.’’. be 25 percent. retary, in coordination with other Federal SEC. 581. LAKES PROGRAM. (c) PROJECT DESCRIPTIONS.—The Secretary agencies and the Brazos River Authority, Section 602 of the Water Resources Devel- may provide assistance in accordance with shall participate under subsection (a) in in- opment Act of 1986 (100 Stat. 4148–4149) is fur- subsection (a) to each of the following vestigations and projects in the Bosque and ther amended— projects: Leon River watersheds in Texas to assess the (1) in subsection (b) by inserting ‘‘and ac- (1) MARANA, ARIZONA.—Wastewater treat- impact of the perchlorate associated with tivity’’ after ‘‘project’’; ment and distribution infrastructure, the former Naval ‘‘Weapons Industrial Re- (2) in subsection (c) by inserting ‘‘and ac- Marana, Arizona. serve Plant’’ at McGregor, Texas. tivities under subsection (f)’’ before the (2) EASTERN ARKANSAS ENTERPRISE COMMU- (2) CADDO LAKE.—The Secretary, in coordi- comma; and NITY, ARKANSAS.—Water-related infrastruc- nation with other Federal agencies and the (3) by adding at the end the following: ture, Eastern Arkansas Enterprise Commu- Northeast Texas Municipal Water District, ‘‘(f) CENTER FOR LAKE EDUCATION AND RE- nity, Cross, Lee, Monroe, and St. Francis shall participate under subsection (a) in in- SEARCH, OTSEGO LAKE, NEW YORK.— Counties, Arkansas. vestigations and projects relating to per- ‘‘(1) IN GENERAL.—The Secretary shall con- (3) CHINO HILLS, CALIFORNIA.—Storm water chlorate contamination in Caddo Lake, struct an environmental education and re- and sewage collection infrastructure, Chino Texas. search facility at Otsego Lake, New York. Hills, California. (3) EASTERN SANTA CLARA BASIN.—The Sec- The purpose of the Center shall be to— (4) CLEAR LAKE BASIN, CALIFORNIA.—Water- retary, in coordination with other Federal, ‘‘(A) conduct nationwide research on the related infrastructure and resource protec- State, and local government agencies, shall impacts of water quality and water quantity tion, Clear Lake Basin, California. participate under subsection (a) in investiga- on lake hydrology and the hydrologic cycle; (5) DESERT HOT SPRINGS, CALIFORNIA.—Re- tions and projects related to sites that are ‘‘(B) develop technologies and strategies source protection and wastewater infrastruc- sources of perchlorates and that are located for monitoring and improving water quality ture, Desert Hot Springs, California. in the city of Santa Clarita, California. in the Nation’s lakes; and (c) AUTHORIZATION OF APPROPRIATIONS.— (6) EASTERN MUNICIPAL WATER DISTRICT, For the purposes of carrying out this sec- ‘‘(C) provide public education regarding CALIFORNIA.—Regional water-related infra- tion, there is authorized to be appropriated the biological, economic, recreational, and structure, Eastern Municipal Water District, to the Secretary $25,000,000, of which not to aesthetic value of the Nation’s lakes. California. exceed $8,000,000 shall be available to carry ‘‘(2) USE OF RESEARCH.—The results of re- (7) HUNTINGTON BEACH, CALIFORNIA.—Water out subsection (b)(1), not to exceed $3,000,000 search and education activities carried out supply and wastewater infrastructure, Hun- shall be available to carry out subsection at the Center shall be applied to the program tington Beach, California. (b)(2), and not to exceed $7,000,000 shall be under subsection (a) and to other Federal (8) INGLEWOOD, CALIFORNIA.—Water infra- available to carry out subsection (b)(3). programs, projects, and activities that are structure, Inglewood, California. SEC. 580. ABANDONED AND INACTIVE NONCOAL intended to improve or otherwise affect (9) LOS OSOS COMMUNITY SERVICE DISTRICT, MINE RESTORATION. lakes. CALIFORNIA.—Wastewater infrastructure, Los Section 560 of the Water Resources Devel- ‘‘(3) BIOLOGICAL MONITORING STATION.—A Osos Community Service District, Cali- opment Act of 1999 (33 USC 2336; 113 Stat. central function of the Center shall be to re- fornia. 354–355) is amended— search, develop, test, and evaluate biological (10) NORWALK, CALIFORNIA.—Water-related (1) in subsection (a) by striking ‘‘and de- monitoring technologies and techniques for infrastructure, Norwalk, California. sign’’ and inserting ‘‘design, and construc- potential use at lakes listed in subsection (a) (11) KEY BISCAYNE, FLORIDA.—Sanitary tion’’; and throughout the Nation. sewer infrastructure, Key Biscayne, Florida. (2) in subsection (c) by striking ‘‘50’’ and ‘‘(4) CREDIT.—The non-Federal sponsor (12) SOUTH TAMPA, FLORIDA.—Water supply inserting ‘‘35’’; shall receive credit for lands, easements, and aquifer storage and recovery infrastruc- (3) in subsection (e) by inserting ‘‘and col- rights-of-way, and relocations toward its ture, South Tampa, Florida. leges and universities, including the mem- share of project costs. (13) FORT WAYNE, INDIANA.—Combined bers of the Western Universities Mine-Land ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.—In sewer overflow infrastructure and wetlands Reclamation and Restoration Consortium, addition to sums authorized by subsection protection, Fort Wayne, Indiana. for the purposes of assisting in the reclama- (d), there is authorized to be appropriated to (14) INDIANAPOLIS, INDIANA.—Combined tion of abandoned noncoal mines and’’ after carry out this subsection $6,000,000. Such sewer overflow infrastructure, Indianapolis, ‘‘entities’’; and sums shall remain available until ex- Indiana. (4) by striking subsection (f) and inserting pended.’’. (15) ST. CHARLES, ST. BERNARD, AND the following: SEC. 582. RELEASE OF USE RESTRICTION. PLAQUEMINES PARISHES, LOUISIANA.—Water ‘‘(f) NON-FEDERAL INTERESTS.—In this sec- (a) RELEASE.—Notwithstanding any other and wastewater infrastructure, St. Charles, tion, the term ‘non-Federal interests’ in- provision of law, the Tennessee Valley Au- St. Bernard, and Plaquemines Parishes, Lou- cludes, with the consent of the affected local thority shall grant a release or releases, isiana. government, nonprofit entities, notwith- without monetary consideration, from the (16) ST. JOHN THE BAPTIST AND ST. JAMES standing section 221 of the Flood Control Act restriction covenant which requires that PARISHES, LOUISIANA.—Water and sewer im- of 1970 (42 U.S.C. 1962d-5b). property described in subsection (b) shall at provements, St. John the Baptist and St. ‘‘(g) OPERATION AND MAINTENANCE.—The all times be used solely for the purpose of James Parishes, Louisiana. non-Federal share of the costs of operation erecting docks and buildings for shipbuilding (17) UNION COUNTY, NORTH CAROLINA.— and maintenance for a project carried out purposes or for the manufacture or storage Water infrastructure, Union County, North under this section shall be 100 percent. of products for the purpose of trading or Carolina. ‘‘(h) CREDIT.—A non-Federal interest shall (18) HOOD RIVER, OREGON.—Water trans- receive credit toward the non-Federal share shipping in transportation. (b) DESCRIPTION OF PROPERTY.—This sec- mission infrastructure, Hood River, Oregon. of the cost of a project under this section for (19) MEDFORD, OREGON.—Sewer collection design and construction services and other tion shall apply only to those lands situated in-kind consideration provided by the non- in the city of Decatur, Morgan County, Ala- infrastructure, Medford, Oregon. Federal interest if the Secretary determines bama, and running along the easterly bound- (20) PORTLAND, OREGON.—Water infrastruc- that such design and construction services ary of a tract of land described in an inden- ture and resource protection, Portland, Or- and other in-kind consideration are integral ture conveying such lands to the Ingalls egon. to the project. Shipbuilding Corporation dated July 29, 1954, (21) COUDERSPORT, PENNSYLVANIA.—Sewer ‘‘(i) COST LIMITATION.—Not more than and recorded in deed book 535 at page 6 in system extensions and improvements, $10,000,000 of the amounts appropriated to the office of the Probate Judge of Morgan Coudersport, Pennsylvania. carry out this section may be allotted for County, Alabama, which are owned or may (22) PARK CITY, UTAH.—Water supply infra- projects in a single locality, but the Sec- hereafter be acquired by the Alabama Farm- structure, Park City, Utah. retary may accept funds voluntarily contrib- ers Cooperative, Inc. (d) AUTHORIZATION OF APPROPRIATIONS.— uted by a non-Federal or Federal entity for SEC. 583. COMPREHENSIVE ENVIRONMENTAL RE- (1) IN GENERAL.—There is authorized to be the purpose of expanding the scope of the SOURCES PROTECTION. appropriated $25,000,000 for providing assist- services requested by the non-Federal or (a) IN GENERAL.—Under section 219(a) of ance in accordance with subsection (a) to the Federal entity. the Water Resources Development Act of projects described in subsection (c).

VerDate 02-OCT-2000 00:55 Oct 20, 2000 Jkt 089060 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 E:\CR\FM\A19OC7.010 pfrm01 PsN: H19PT1 H10344 CONGRESSIONAL RECORD — HOUSE October 19, 2000

(2) AVAILABILITY.—Sums authorized to be SEC. 584. MODIFICATION OF AUTHORIZATIONS ciation No. 1 a distance of 123.06 feet to the appropriated under this subsection shall re- FOR ENVIRONMENTAL PROJECTS. point of beginning. main available until expended. Section 219 of the Water Resources Devel- (3) REVERSION.—If the Secretary deter- opment Act of 1992 (106 Stat. 4835, 4836) is mines that the parcel described in paragraph (e) ADDITIONAL ASSISTANCE FOR CRITICAL amended— (2) ceases to be held in public ownership or RESOURCE PROJECTS.—The Secretary may (1) in subsection (e)(6) by striking used for fire fighting and related emergency provide assistance in accordance with sub- ‘‘$20,000,000’’ and inserting ‘‘$30,000,000’’; services, all right, title, and interest in and section (a) and assistance for construction (2) in subsection (f)(4) by striking to the parcel shall revert to the United for each the following projects: ‘‘$15,000,000’’ and inserting ‘‘$35,000,000’’; States. (1) DUCK RIVER, CULLMAN, ALABAMA.— (3) in subsection (f)(21) by striking (b) SIBLEY MEMORIAL HOSPITAL, WASH- $5,000,000 for water supply infrastructure, ‘‘$10,000,000’’ and inserting ‘‘$20,000,000’’; INGTON, DISTRICT OF COLUMBIA.— Duck River, Cullman, Alabama. (4) in subsection (f)(25) by striking (1) IN GENERAL.—The Secretary shall con- (2) UNION COUNTY, ARKANSAS.—$52,000,000 ‘‘$5,000,000’’ and inserting ‘‘$15,000,000’’; vey to the Lucy Webb Hayes National Train- for water supply infrastructure, including fa- (5) in subsection (f)(30) by striking ing School for Deaconesses and Missionaries cilities for withdrawal, treatment, and dis- ‘‘$10,000,000’’ and inserting ‘‘$20,000,000’’; Conducting Sibley Memorial Hospital (in tribution, Union County, Arkansas. (6) in subsection (f)(43) by striking this subsection referred to as the ‘‘Hospital’’) (3) CAMBRIA, CALIFORNIA.—$10,300,000 for de- ‘‘$15,000,000’’ and inserting ‘‘$35,000,000’’; and by quitclaim deed under the terms of a nego- salination infrastructure, Cambria, Cali- (7) in subsection (f) by adding at the end tiated sale, all right, title, and interest of fornia. the following new paragraph: the United States in and to the 8.864-acre (4) LOS ANGELES HARBOR/TERMINAL ISLAND, ‘‘(44) WASHINGTON, D.C., AND MARYLAND.— parcel of land described in paragraph (2) for CALIFORNIA.—$6,500,000 for wastewater recy- $15,000,000 for the project described in sub- medical care and parking purposes. The con- cling infrastructure, Los Angeles Harbor/ section (c)(1), modified to include measures sideration paid under such negotiated sale Terminal Island, California. to eliminate or control combined sewer over- shall reflect the value of the parcel, taking (5) NORTH VALLEY REGION, LANCASTER, CALI- flows in the Anacostia River watershed.’’. into consideration the terms and conditions FORNIA.—$14,500,000 for water infrastructure, SEC. 585. LAND CONVEYANCES. of the conveyance imposed under this sub- North Valley Region, Lancaster, California. (a) THOMPSON, CONNECTICUT.— section. (6) SAN DIEGO COUNTY, CALIFORNIA.— (1) IN GENERAL.—The Secretary shall con- (2) LAND DESCRIPTION.—The parcel of land $10,000,000 for water-related infrastructure, vey by quitclaim deed without consideration referred to in paragraph (1) is the parcel de- San Diego County, California. to the town of Thompson, Connecticut, all scribed as follows: Beginning at a point on (7) SOUTH PERRIS, CALIFORNIA.—$25,000,000 right, title, and interest of the United States the westerly right-of-way line of Dalecarlia for water supply desalination infrastructure, in and to the approximately 1.36-acre parcel Parkway, said point also being on the south- South Perris, California. of land described in paragraph (2) for public erly division line of part of Square N1448, (8) AURORA, ILLINOIS.—$8,000,000 for waste- ownership and use by the town for fire fight- A&T Lot 801 as recorded in A&T 2387 and water infrastructure to reduce or eliminate ing and related emergency services purposes. part of the property of the United States combined sewer overflows, Aurora, Illinois. (2) LAND DESCRIPTION.—The parcel of land Government, thence with said southerly di- (9) COOK COUNTY, ILLINOIS.—$35,000,000 for referred to in paragraph (1) is in the town of vision line now described: water-related infrastructure and resource Thompson, county of Windham, State of (A) North 35° 05′ 40′′ West—436.31 feet to a protection and development, Cook County, Connecticut, on the northerly side of West point, thence Illinois. Thompson Road owned by the United States (B) South 89° 59′ 30′′ West—550 feet to a (10) MADISON AND ST. CLAIR COUNTIES, ILLI- and shown as Parcel A on a plan by Provost, point, thence NOIS.—$10,000,000 for water and wastewater Rovero, Fitzback entitled ‘‘Property Survey (C) South 53° 48′ 00′′ West—361.08 feet to a assistance, Madison and St. Clair Counties, Prepared for West Thompson Independent point, thence Illinois. Firemen Association #1’’ dated August 24, (D) South 89° 59′ 30′′ West—466.76 feet to a (11) IBERIA PARISH, LOUISIANA.—$5,000,000 1998, bounded and described as follows: point at the southwesterly corner of the for water and wastewater infrastructure, Ibe- Beginning at a bound labeled WT–276 on aforesaid A&T Lot 801, said point also being ria Parish, Louisiana. the northerly side line of West Thompson on the easterly right-of-way line of Mac- (12) KENNER, LOUISIANA.—$5,000,000 for Road, so called, at the most south corner of Arthur Boulevard, thence with a portion of wastewater infrastructure, Kenner, Lou- the Parcel herein described and at land now the westerly division line of said A&T Lot isiana. or formerly of West Thompson Independent 801 and the easterly right-of-way line of Mac- (13) GARRISON AND KATHIO TOWNSHIP, MIN- Firemen Association No. 1; Arthur Boulevard, as now described. NESOTA.—$11,000,000 for a wastewater infra- Thence in a generally westerly direction (E) 78.62 feet along the arc of a curve to the structure project for the city of Garrison and by said northerly side line of West Thompson right having a radius of 650.98 feet, chord Kathio Township, Minnesota. Road, by a curve to the left, having a radius bearing and distance of North 06° 17′ 20′′ (14) NEWTON, NEW JERSEY.—$7,000,000 for of 640.00 feet a distance of 169.30 feet to a West—78.57 feet to a point, thence crossing water filtration infrastructure, Newton, New point; to include a portion of aforesaid A&T Lot 801 Jersey. Thence North 13 degrees, 08 minutes, 37 and a portion of the aforesaid Dalecarlia (15) LIVERPOOL, NEW YORK.—$2,000,000 for seconds East by the side line of said West Reservoir Grounds, as now described water infrastructure, including a pump sta- Thompson Road a distance of 10.00 feet to a (F) North 87° 18′ 21′′ East—258.85 feet to a tion, Liverpool, New York. point; point, thence (16) STANLY COUNTY, NORTH CAROLINA.— Thence in a generally westerly direction (G) North 02° 49′ 16′′ West—214.18 feet to a $8,900,000 for wastewater infrastructure, by the northerly side line of said West point, thence Stanly County, North Carolina. Thompson Road, by a curve to the left hav- (H) South 87° 09′ 00′′ West—238.95 feet to a (17) YUKON, OKLAHOMA.—$5,500,000 for ing a radius of 650.00 feet a distance of 109.88 point on the aforesaid easterly right-of-way water-related infrastructure, including feet to a bound labeled WT–123, at land now line of MacArthur Boulevard, thence with wells, booster stations, storage tanks, and or formerly of the United States of America; said easterly right-of-way line, as now de- transmission lines, Yukon, Oklahoma. Thence North 44 degrees, 43 minutes, 07 scribed (18) ALLEGHENY COUNTY, PENNSYLVANIA.— seconds East by said land now or formerly of (I) North 08° 41′ 30′′ East—30.62 feet to a $20,000,000 for water-related environmental the United States of America a distance of point, thence crossing to include a portion of infrastructure, Allegheny County, Pennsyl- 185.00 feet to a point; aforesaid A&T Lot 801 and a portion of the vania. Thence North 67 degrees, 34 minutes, 13 aforesaid Dalecarlia Reservoir Grounds, as (19) MOUNT JOY TOWNSHIP AND CONEWAGO seconds East by said land now or formerly of now described TOWNSHIP, PENNSYLVANIA.—$8,300,000 for the United States of America a distance of (J) North 87° 09′ 00′′ East—373.96 feet to a water and wastewater infrastructure, Mount 200.19 feet to a point in a stonewall; point, thence Joy Township and Conewago Township, Thence South 20 degrees, 49 minutes, 17 (K) North 88° 42′ 48′′ East—374.92 feet to a Pennsylvania. seconds East by a stonewall and by said land point, thence (20) PHOENIXVILLE BOROUGH, CHESTER COUN- now or formerly of the United States of (L) North 56° 53′ 40′′ East—53.16 feet to a TY, PENNSYLVANIA.—$2,400,000 for water and America a distance of 253.10 feet to a point at point, thence sewer infrastructure, Phoenixville Borough, land now or formerly of West Thompson (M) North 86° 00′ 15′′ East—26.17 feet to a Chester County, Pennsylvania. Independent Firemen Association No. 1; point, thence (21) TITUSVILLE, PENNSYLVANIA.—$7,300,000 Thence North 57 degrees, 45 minutes, 25 (N) South 87° 24′ 50′′ East—464.01 feet to a for storm water separation and treatment seconds West by land now or formerly of said point, thence plant upgrades, Titusville, Pennsylvania. West Thompson Independent Firemen Asso- (O) North 83° 34′ 31′′ East—212.62 feet to a (22) WASHINGTON, GREENE, WESTMORELAND, ciation No. 1 a distance of 89.04 feet to a point, thence AND FAYETTE COUNTIES, PENNSYLVANIA.— bound labeled WT–277; (P) South 30° 16′ 12′′ East—108.97 feet to a $8,000,000 for water and wastewater infra- Thence South 32 degrees, 14 minutes, 35 point, thence structure, Washington, Greene, Westmore- seconds West by land now or formerly of said (Q) South 38° 30′ 23′′ East—287.46 feet to a land, and Fayette Counties, Pennsylvania. West Thompson Independent Firemen Asso- point, thence

VerDate 02-OCT-2000 00:55 Oct 20, 2000 Jkt 089060 PO 00000 Frm 00056 Fmt 4634 Sfmt 0634 E:\CR\FM\A19OC7.011 pfrm01 PsN: H19PT1 October 19, 2000 CONGRESSIONAL RECORD — HOUSE H10345 (R) South 09° 03′ 38′′ West—92.74 feet to the as now described by Maddox Engineers and mined by the Secretary, of the land conveyed point on the aforesaid westerly right-of-way Surveyors, Inc., June 2000, Job #00015. to the United States by S.S.S., Inc. under line of Dalecarlia Parkway, thence with said (4) APPRAISAL.—Before conveying any paragraph (1), S.S.S., Inc. shall make a pay- westerly right-of-way line, as now described right, title, or interest under this subsection, ment equal to the excess in cash or a cash (S) 197.74 feet along the arc of a curve to the Secretary shall obtain an appraisal of equivalent to the United States. the right having a radius of 916.00 feet, chord the fair market value of the parcel. (e) CANDY LAKE PROJECT, OSAGE COUNTY, bearing and distance of South 53° 54′ 43′′ (c) ONTONAGON, MICHIGAN.— OKLAHOMA.—Section 563(c)(1)(B) of the Water West—197.35 feet to the place of beginning. (1) IN GENERAL.—The Secretary shall con- Resources Development Act of 1999 (113 Stat. (3) TERMS AND CONDITIONS.—The convey- vey by quitclaim deed without consideration 357) is amended by striking ‘‘a deceased indi- ance under this subsection shall be subject to the Ontonagon County Historical Society vidual’’ and inserting ‘‘an individual’’. (f) MANOR TOWNSHIP, PENNSYLVANIA.— to the following terms and conditions: all right, title, and interest of the United (1) IN GENERAL.—In accordance with this (A) LIMITATION ON THE USE OF CERTAIN POR- States in and to the parcel of land under- lying and immediately surrounding the subsection, the Secretary shall convey by TIONS OF THE PARCEL.—The Secretary shall quitclaim deed to the township of Manor, include in any deed conveying the parcel lighthouse at Ontonagon, Michigan, con- Pennsylvania, all right, title, and interest of under this section a restriction to prevent sisting of approximately 1.8 acres, together with any improvements thereon, for public the United States in and to the approxi- the Hospital, and its successors and assigns, ownership and for public purposes. mately 113 acres of real property located at from constructing any structure, other than (2) SURVEY TO OBTAIN LEGAL DESCRIPTION.— Crooked Creek Lake, together with any im- a structure used exclusively for the parking The exact acreage and the legal description provements on the land. of motor vehicles, on the portion of the par- of the real property described in paragraph (2) SURVEY TO OBTAIN LEGAL DESCRIPTION.— cel that lies between the Washington Aque- (1) shall be determined by a survey that is The exact acreage and the legal description duct and Little Falls Road. satisfactory to the Secretary. of the real property described in paragraph (B) LIMITATION ON CERTAIN LEGAL CHAL- (3) REVERSION.—If the Secretary deter- (1) shall be determined by a survey that is LENGES.—The Secretary shall require the mines that the real property described in satisfactory to the Secretary. Hospital, and its successors and assigns, to paragraph (1) ceases to be held in public own- (3) CONSIDERATION.—The Secretary may refrain from raising any legal challenge to ership or used for public purposes, all right, convey under this subsection without consid- the operations of the Washington Aqueduct title, and interest in and to the property eration any portion of the real property de- arising from any impact such operations shall revert to the United States. scribed in paragraph (1) if the portion is to may have on the activities conducted by the (d) PIKE COUNTY, MISSOURI.— be retained in public ownership and be used Hospital on the parcel. (1) LAND EXCHANGE.—Subject to paragraphs for public park and recreation or other pub- (C) EASEMENT.—The Secretary shall re- (3) and (4), at such time as S.S.S., Inc. con- lic purposes. quire that the conveyance be subject to the veys all right, title, and interest in and to (4) REVERSION.—If the Secretary deter- retention of an easement permitting the the parcel of land described in paragraph mines that any portion of the property con- United States, and its successors and as- (2)(A) to the United States, the Secretary veyed under paragraph (3) ceases to be held signs, to use and maintain the portion of the shall convey by quitclaim deed all right, in public ownership or to be used for public parcel described as follows: Beginning at a title, and interest in the parcel of land de- park and recreation or other public purposes, point on the easterly or South 35° 05′ 40′′ scribed in paragraph (2)(B) to S.S.S., Inc. all right, title, and interest in and to such East—436.31 foot plat line of Lot 25 as shown (2) LAND DESCRIPTION.—The parcels of land portion of property shall revert to the Sec- on a subdivision plat recorded in book 175 referred to in paragraph (1) are the following: retary. page 102 among the records of the Office of (A) NON-FEDERAL LAND.—8.99 acres with ex- (5) PAYMENT OF COSTS.—The township of the Surveyor of the District of Columbia, isting flowage easements situated in Pike Manor, Pennsylvania shall be responsible for said point also being on the northerly right- County, Missouri, adjacent to land being ac- all costs associated with a conveyance under of-way line of Dalecarlia Parkway, thence quired from Holnam, Inc. by the Corps of En- this subsection, including the cost of con- running with said easterly line of Lot 25 and gineers. ducting the survey referred to in paragraph crossing to include a portion of the aforsaid (B) FEDERAL LAND.—8.99 acres situated in (2). Dalecarlia Reservoir Grounds as now de- Pike County, Missouri, known as Govern- (g) NEW SAVANNAH BLUFF LOCK AND DAM, scribed: ment Tract Numbers FM–46 and FM–47, ad- SAVANNAH RIVER, SOUTH CAROLINA, BELOW (i) North 35° 05′ 40′′ West—495.13 feet to a ministered by the Corps of Engineers. AUGUSTA.— point, thence (3) CONDITIONS.—The exchange of land (1) IN GENERAL.—The Secretary shall con- (ii) North 87° 24′ 50′′ West—414.43 feet to a under paragraph (1) shall be subject to the vey by quitclaim deed to the city of North point, thence following conditions: Augusta and Aiken County, South Carolina, (iii) South 81° 08′ 00′′ West—69.56 feet to a (A) DEEDS.— the lock, dam, and appurtenant features at point, thence (i) NON-FEDERAL LAND.—The conveyance of New Savannah Bluff, including the adjacent (iv) South 88° 42′ 48′′ West—367.50 feet to a the land described in paragraph (2)(A) to the approximately 50-acre park and recreation point, thence Secretary shall be by a quitclaim deed ac- area with improvements of the navigation (v) South 87° 09′ 00′′ West—379.68 feet to a ceptable to the Secretary. project, Savannah River Below Augusta, point on the easterly right-of-way line of (ii) FEDERAL LAND.—The instrument of Georgia, authorized by the first section of MacArthur Boulevard, thence with said eas- conveyance used to convey the land de- the River and Harbor Act of July 3, 1930 (46 terly right-of-way line, as now described scribed in paragraph (2)(B) to S.S.S., Inc. Stat. 924), subject to the execution of an (vi) North 08° 41′ 30′′ East—30.62 feet to a shall contain such reservations, terms, and agreement by the Secretary and the city of point, thence crossing to include a portion of conditions as the Secretary considers nec- North Augusta and Aiken County, South the aforesaid Dalecarlia Reservoir Grounds, essary to allow the United States to operate Carolina, that specifies the terms and condi- as now described and maintain the Mississippi River 9-Foot tions for such conveyance. (vii) North 87° 09′ 00′′ East—373.96 feet to a Navigation Project. (2) TREATMENT OF LOCK, DAM, APPURTENANT point, thence (B) REMOVAL OF IMPROVEMENTS.—S.S.S., FEATURES, AND PARK AND RECREATION AREA.— (viii) North 88° 42′ 48′′ East—374.92 feet to a Inc. may remove any improvements on the The lock, dam, appurtenant features, adja- point, thence land described in paragraph (2)(A). The Sec- cent park and recreation area, and other (ix) North 56° 53′ 40′′ East—53.16 feet to a retary may require S.S.S., Inc. to remove project lands, to be conveyed under para- point, thence any improvements on the land described in graph (1) shall not be treated as part of any (x) North 86° 00′ 15′′ East—26.17 feet to a paragraph (2)(A). In either case, S.S.S., Inc. Federal water resources project after the ef- point, thence shall hold the United States harmless from fective date of the transfer. (xi) South 87° 24′ 50′′ East—464.01 feet to a liability, and the United States shall not (3) OPERATION AND MAINTENANCE.—Oper- point, thence incur costs associated with the removal or ation and maintenance of all features of the (xii) North 83° 34′ 31′′ East—50.62 feet to a relocation of any of the improvements. navigation project, other than the lock, dam, point, thence (C) TIME LIMIT FOR EXCHANGE.—The land appurtenant features, adjacent park and (xiii) South 02° 35′ 10′′ West—46.46 feet to a exchange under paragraph (1) shall be com- recreation area, and other project lands to be point, thence pleted not later than 2 years after the date of conveyed under paragraph (1), shall continue (xiv) South 13° 38′ 12′′ East—107.83 feet to a enactment of this Act. to be a Federal responsibility after the effec- point, thence (D) LEGAL DESCRIPTION.—The Secretary tive date of the transfer under paragraph (1). (xv) South 35° 05′ 40′′ East—347.97 feet to a shall provide the legal description of the (h) TRI-CITIES AREA, WASHINGTON.—Section point on the aforesaid northerly right-of-way lands described in paragraph (2). The legal 501(i) of the Water Resources Development line of Dalecarlia Parkway, thence with said description shall be used in the instruments Act of 1996 (110 Stat. 3752–3753) is amended— right-of-way line, as now described of conveyance of the lands. (1) by inserting before the period at the end (xvi) 44.12 feet along the arc of a curve to (4) VALUE OF PROPERTIES.—If the appraised of paragraph (1) the following: ‘‘; except that the right having a radius of 855.00 feet, chord fair market value, as determined by the Sec- any of such local governments, with the bearing and distance of South 58° 59′ 22′′ retary, of the land conveyed to S.S.S., Inc. agreement of the appropriate district engi- West—44.11 feet to the place of beginning by the Secretary under paragraph (1) exceeds neer, may exempt from the conveyance to containing 1.7157 acres of land more or less the appraised fair market value, as deter- the local government all or any part of the

VerDate 02-OCT-2000 00:55 Oct 20, 2000 Jkt 089060 PO 00000 Frm 00057 Fmt 4634 Sfmt 0634 E:\CR\FM\A19OC7.011 pfrm01 PsN: H19PT1 H10346 CONGRESSIONAL RECORD — HOUSE October 19, 2000 lands to be conveyed to the local govern- Jackson Street, Ottawa, La Salle County, Il- SEC. 586. BRUCE F. VENTO UNIT OF THE BOUND- ment’’; and linois (portion of NE 1⁄4, S11, T33N, R3E 3PM), ARY WATERS CANOE AREA WILDER- (2) by inserting before the period at the end except that portion lying below the elevation NESS, MINNESOTA. of paragraph (2)(C) the following: ‘‘; except of 461 feet National Geodetic Vertical (a) DESIGNATION.—The portion of the Boundary Waters Canoe Area Wilderness, that approximately 7.4 acres in Columbia Datum. Minnesota, situated north and cast of the Park, Kennewick, Washington, consisting of (2) CONDITIONS.—The following conditions the historic site located in the Park and Gunflint Corridor and that is bounded by the apply to the conveyance under paragraph (1): United States border with Canada to the known and referred to as the Kennewick Man (A) The exact acreage and the legal de- Site and such adjacent wooded areas as the north shall be known and designated as the scription of the real property described in ‘‘Bruce F. Vento Unit of the Boundary Wa- Secretary determines are necessary to pro- paragraph (1) shall be determined by a sur- tect the historic site, shall remain in Federal ters Canoe Area Wilderness’’. vey that is satisfactory to the Secretary. (b) LEGAL REFERENCE.—Any reference in a ownership’’. (B) The YMCA shall agree to hold and save (i) BAYOU TECHE, LOUISIANA.— law, map, regulation, document, paper, or the United States harmless from liability as- (1) IN GENERAL.—After renovations of the other record of the United States to the area Keystone Lock facility have been completed, sociated with the operation and maintenance referred to in paragraph (1) shall be deemed the Secretary may convey by quitclaim deed of the Illinois Waterway project on the prop- to be a reference to the ‘‘Bruce F. Vento without consideration to St. Martin Parish, erty desscribed in paragraph (1). Unit of the Boundary Waters Canoe Area Louisiana, all rights, interests, and title of (C) If the Secretary determines that any Wilderness’’. the United States in the approximately 12.03 portion of the property that is the subject of SEC. 587. WAURIKA LAKE, OKLAHOMA. acres of land under the administrative juris- the easement conveyed under paragraph (1) The remaining obligation of the Waurika diction of the Secretary in Bayou Teche, ceases to be used as the YMCA, all right, Project Master Conservancy District payable Louisiana, together with improvements title, and interest in and to such easement to the United States Government in the thereon. The dam and the authority to re- shall revert to the Secretary. amounts, rates of interest, and payment schedules is set at the amounts, rates of in- tain upstream pool elevations shall remain (l) ST. CLAIR AND BENTON COUNTIES, MIS- under the jurisdiction of the Secretary. The terest, and payment schedules that existed, SOURI.— Secretary shall relinquish all operations and and that both parties agreed to, on June 3, (1) IN GENERAL.—The Secretary shall con- maintenance of the lock to St. Martin Par- 1986, and may not be adjusted, altered, or vey to the Iconium Fire Protection District, ish. changed without a specific, separate, and St. Clair and Benton counties, Missouri, by (2) CONDITIONS.—The following conditions written agreement between the District and apply to the transfer under paragraph (1): quitclaim deed and without consideration, the United States Government. (A) St. Martin Parish shall operate, main- all right, title, and interest of the United SEC. 588. COLUMBIA RIVER TREATY FISHING AC- tain, repair, replace, and rehabilitate the States in and to the parcel of land described CESS. lock in accordance with regulations pre- in paragraph (2). Section 401(d) of the Act entitled ‘‘An Act scribed by the Secretary which are con- (2) LAND DESCRIPTION.—The parcel of land to establish procedures for review of tribal sistent with the project’s authorized pur- to be conveyed under paragraph (1) is the constitutions and bylaws or amendments poses. tract of land located in the Southeast 1⁄4 of thereto pursuant to the Act of June 18, 1934 (B) The Parish shall provide the Secretary Section 13, Township 39 North, Range 25 (48 Stat. 987)’’, approved November 1, 1988 access to the dam whenever the Secretary West, of the Fifth Principal Meridian, St. (102 Stat. 2944), is amended by striking notifies the Parish of a need for access to the Clair County, Missouri, more particularly ‘‘$2,000,000’’ and inserting ‘‘$4,000,000’’. dam. described as follows: Commencing at the SEC. 589. DEVILS LAKE, NORTH DAKOTA. (C) If the Parish fails to comply with sub- Southwest corner of Section 18, as des- No appropriation shall be made to con- paragraph (A), the Secretary shall notify the ignated by Corps survey marker AP 18–1, struct an emergency outlet from Devils Parish of such failure. If the parish does not thence northerly 11.22 feet to the southeast Lake, North Dakota, to the Sheyenne River correct such failure during the 1-year period corner of Section 13, thence 657.22 feet north if the final plans for the emergency outlet beginning on the date of such notification, along the east line of Section 13 to Corps have not been approved by resolutions adopt- the Secretary shall have a right of reverter monument 18 1–C lying within the right-of- ed by the Committee on Transportation and to reclaim possession and title to the land way of State Highway C, being the point of Infrastructure of the House of Representa- and improvements conveyed under this sec- beginning of the tract of land herein de- tives and the Committee on Environment tion or, in the case of a failure to make nec- scribed; thence westerly approximately 210 and Public Works of the Senate. essary repairs, the Secretary may effect the feet, thence northerly 150 feet, thence eas- TITLE VI—COMPREHENSIVE EVERGLADES repairs and require payment from the Parish terly approximately 210 feet to the east line RESTORATION for the repairs made by the Secretary. of Section 13, thence southerly along said SEC. 601. COMPREHENSIVE EVERGLADES RES- (j) JOLIET, ILLINOIS.— east line, 150 feet to the point of beginning, TORATION PLAN. (1) IN GENERAL.—The Secretary shall con- containing 0.723 acres, more or less. (a) DEFINITIONS.—In this section, the fol- vey by quitclaim deed without consideration (3) REVERSION.—If the Secretary deter- lowing definitions apply: to the Joliet Park District in Joliet, Illinois, mines that the property conveyed under (1) CENTRAL AND SOUTHERN FLORIDA all right, title, and interest of the United paragraph (1) ceases to be held in public own- PROJECT.— States in and to the parcel of real property ership or to be used as a site for a fire sta- (A) IN GENERAL.—The term ‘‘Central and located at 622 Railroad Street in the city of tion, all right, title, and interest in and to Southern Florida Project’’ means the project Joliet, consisting of approximately 2 acres, such property shall revert to the United for Central and Southern Florida authorized together with any improvements thereon, for States. under the heading ‘‘CENTRAL AND SOUTHERN public ownership and use as the site of the FLORIDA’’ in section 203 of the Flood Control headquarters of the park district. (m) GENERALLY APPLICABLE PROVISIONS.— Act of 1948 (62 Stat. 1176). (1) APPLICABILITY OF PROPERTY SCREENING (2) SURVEY TO OBTAIN LEGAL DESCRIPTION.— (B) INCLUSION.—The term ‘‘Central and The exact acreage and the legal description PROVISIONS.—Section 2696 of title 10, United Southern Florida Project’’ includes any of the real property described in paragraph States Code, shall not apply to any convey- modification to the project authorized by (1) shall be determined by a survey that is ance under this section. this section or any other provision of law. satisfactory to the Secretary. (2) ADDITIONAL TERMS AND CONDITIONS.— (2) GOVERNOR.—The term ‘‘Governor’’ (3) REVERSION.—If the Secretary deter- The Secretary may require that any convey- means the Governor of the State of Florida. mines that the property conveyed under ance under this section be subject to such (3) NATURAL SYSTEM.— paragraph (1) ceases to be held in public own- additional terms and conditions as the Sec- (A) IN GENERAL.—The term ‘‘natural sys- ership or to be used as headquarters of the retary considers appropriate and necessary tem’’ means all land and water managed by park district or for other purposes, all right, to protect the interests of the United States. the Federal Government or the State within title, and interest in and to such property (3) COSTS OF CONVEYANCE.—An entity to the South Florida ecosystem. shall revert to the United States. which a conveyance is made under this sec- (B) INCLUSIONS.—The term ‘‘natural sys- (k) OTTAWA, ILLINOIS.— tion shall be responsible for all reasonable tem’’ includes— (1) CONVEYANCE OF PROPERTY.—Subject to and necessary costs, including real estate (i) water conservation areas; the terms, conditions, and reservations of transaction and environmental compliance (ii) sovereign submerged land; paragraph (2), the Secretary shall convey by costs, associated with the conveyance. (iii) Everglades National Park; quitclaim deed to the Young Men’s Christian (4) LIABILITY.—An entity to which a con- (iv) Biscayne National Park; Association of Ottawa, Illinois (in this sub- veyance is made under this section shall hold (v) Big Cypress National Preserve; section referred to as the ‘‘YMCA’’), all the United States harmless from any liabil- (vi) other Federal or State (including a po- right, title, and interest of the United States ity with respect to activities carried out, on litical subdivision of a State) land that is in and to a portion of the easements acquired or after the date of the conveyance, on the designated and managed for conservation for the improvement of the Illinois Water- real property conveyed. The United States purposes; and way project over a parcel of real property shall remain responsible for any liability (vii) any tribal land that is designated and owned by the YMCA, known as the ‘‘Ottawa, with respect to activities carried out, before managed for conservation purposes, as ap- Illinois YMCA Site’’, and located at 201 E. such date, on the real property conveyed. proved by the tribe.

VerDate 02-OCT-2000 00:55 Oct 20, 2000 Jkt 089060 PO 00000 Frm 00058 Fmt 4634 Sfmt 0634 E:\CR\FM\A19OC7.011 pfrm01 PsN: H19PT1 October 19, 2000 CONGRESSIONAL RECORD — HOUSE H10347

(4) PLAN.—The term ‘‘Plan’’ means the (ii) Lake Belt In-Ground Reservoir Tech- (iii) FUNDING CONTINGENT ON APPROVAL.— Comprehensive Everglades Restoration Plan nology, at a total cost of $23,000,000, with an No appropriation shall be made to construct contained in the ‘‘Final Integrated Feasi- estimated Federal cost of $11,500,000 and an any project under this paragraph if the bility Report and Programmatic Environ- estimated non-Federal cost of $11,500,000. project implementation report for the mental Impact Statement’’, dated April 1, (iii) L–31N Seepage Management, at a total project has not been approved by resolutions 1999, as modified by this section. cost of $10,000,000, with an estimated Federal adopted by the Committee on Transpor- (5) SOUTH FLORIDA ECOSYSTEM.— cost of $5,000,000 and an estimated non-Fed- tation and Infrastructure of the House of (A) IN GENERAL.—The term ‘‘South Florida eral cost of $5,000,000. Representatives and the Committee on Envi- ecosystem’’ means the area consisting of the (iv) Wastewater Reuse Technology, at a ronment and Public Works of the Senate. land and water within the boundary of the total cost of $30,000,000, with an estimated (iv) MODIFIED WATER DELIVERY.—No appro- South Florida Water Management District in Federal cost of $15,000,000 and an estimated priation shall be made to construct the effect on July 1, 1999. non-Federal cost of $15,000,000. Water Conservation Area 3 (B) INCLUSIONS.—The term ‘‘South Florida (C) INITIAL PROJECTS.—The following Decompartmentalization and Sheetflow En- ecosystem’’ includes— projects are authorized for implementation, hancement Project (including component (i) the Everglades; after review and approval by the Secretary, AA, Additional S–345 Structures; component (ii) the Florida Keys; and subject to the conditions stated in subpara- QQ Phase 1, Raise and Bridge East Portion of (iii) the contiguous near-shore coastal graph (D), at a total cost of $1,100,918,000, Tamiami Trail and Fill Miami Canal within water of South Florida. with an estimated Federal cost of $550,459,000 WCA 3; component QQ Phase 2, WCA 3 (6) STATE.—The term ‘‘State’’ means the and an estimated non-Federal cost of Decompartmentalization and Sheetflow En- State of Florida. $550,459,000: hancement; and component SS, North New (b) COMPREHENSIVE EVERGLADES RESTORA- (i) C–44 Basin Storage Reservoir, at a total River Improvements) or the Central TION PLAN.— cost of $112,562,000, with an estimated Fed- Lakebelt Storage Project (including compo- (1) APPROVAL.— eral cost of $56,281,000 and an estimated non- nents S and EEE, Central Lake Belt Storage (A) IN GENERAL.—Except as modified by Federal cost of $56,281,000. Area) until the completion of the project to this section, the Plan is approved as a frame- (ii) Everglades Agricultural Area Storage improve water deliveries to Everglades Na- work for modifications and operational Reservoirs—Phase I, at a total cost of tional Park authorized by section 104 of the changes to the Central and Southern Florida $233,408,000, with an estimated Federal cost Everglades National Park Protection and Project that are needed to restore, preserve, of $116,704,000 and an estimated non-Federal Expansion Act of 1989 (16 U.S.C. 410r–8). and protect the South Florida ecosystem cost of $116,704,000. (E) MAXIMUM COST OF PROJECTS.—Section while providing for other water-related needs (iii) Site 1 Impoundment, at a total cost of 902 of the Water Resources Development Act of the region, including water supply and $38,535,000, with an estimated Federal cost of of 1986 (33 U.S.C. 2280) shall apply to each flood protection. The Plan shall be imple- $19,267,500 and an estimated non-Federal cost project feature authorized under this sub- mented to ensure the protection of water of $19,267,500. section. quality in, the reduction of the loss of fresh (iv) Water Conservation Areas 3A/3B Levee (c) ADDITIONAL PROGRAM AUTHORITY.— water from, and the improvement of the en- Seepage Management, at a total cost of (1) IN GENERAL.—To expedite implementa- vironment of the South Florida ecosystem $100,335,000, with an estimated Federal cost tion of the Plan, the Secretary may imple- and to achieve and maintain the benefits to of $50,167,500 and an estimated non-Federal ment modifications to the Central and the natural system and human environment cost of $50,167,500. Southern Florida Project that— described in the Plan, and required pursuant (v) C–11 Impoundment and Stormwater to this section, for as long as the project is Treatment Area, at a total cost of (A) are described in the Plan; and authorized. $124,837,000, with an estimated Federal cost (B) will produce a substantial benefit to (B) INTEGRATION.—In carrying out the of $62,418,500 and an estimated non-Federal the restoration, preservation and protection Plan, the Secretary shall integrate the ac- cost of $62,418,500. of the South Florida ecosystem. tivities described in subparagraph (A) with (vi) C–9 Impoundment and Stormwater (2) PROJECT IMPLEMENTATION REPORTS.—Be- ongoing Federal and State projects and ac- Treatment Area, at a total cost of $89,146,000, fore implementation of any project feature tivities in accordance with section 528(c) of with an estimated Federal cost of $44,573,000 authorized under this subsection, the Sec- the Water Resources Development Act of and an estimated non-Federal cost of retary shall review and approve for the 1996 (110 Stat. 3769). Unless specifically pro- $44,573,000. project feature a project implementation re- vided herein, nothing in this section shall be (vii) Taylor Creek/Nubbin Slough Storage port prepared in accordance with subsections construed to modify any existing cost share and Treatment Area, at a total cost of (f) and (h). or responsibility for projects as listed in sub- $104,027,000, with an estimated Federal cost (3) FUNDING.— section (c) or (e) of section 528 of the Water of $52,013,500 and an estimated non-Federal (A) INDIVIDUAL PROJECT FUNDING.— Resources Development Act of 1996 (110 Stat. cost of $52,013,500. (i) FEDERAL COST.—The total Federal cost 3769). (viii) Raise and Bridge East Portion of of each project carried out under this sub- (2) SPECIFIC AUTHORIZATIONS.— Tamiami Trail and Fill Miami Canal within section shall not exceed $12,500,000. (A) IN GENERAL.— Water Conservation Area 3, at a total cost of (ii) OVERALL COST.—The total cost of each (i) PROJECTS.—The Secretary shall carry $26,946,000, with an estimated Federal cost of project carried out under this subsection out the projects included in the Plan in ac- $13,473,000 and an estimated non-Federal cost shall not exceed $25,000,000. cordance with subparagraphs (B), (C), (D), of $13,473,000. (B) AGGREGATE COST.—The total cost of all and (E). (ix) North New River Improvements, at a projects carried out under this subsection (ii) CONSIDERATIONS.—In carrying out ac- total cost of $77,087,000, with an estimated shall not exceed $206,000,000, with an esti- tivities described in the Plan, the Secretary Federal cost of $38,543,500 and an estimated mated Federal cost of $103,000,000 and an es- shall— non-Federal cost of $38,543,500. timated non-Federal cost of $103,000,000. (I) take into account the protection of (x) C–111 Spreader Canal, at a total cost of (d) AUTHORIZATION OF FUTURE PROJECTS.— water quality by considering applicable $94,035,000, with an estimated Federal cost of (1) IN GENERAL.—Except for a project au- State water quality standards; and $47,017,500 and an estimated non-Federal cost thorized by subsection (b) or (c), any project (II) include such features as the Secretary of $47,017,500. included in the Plan shall require a specific determines are necessary to ensure that all (xi) Adaptive Assessment and Monitoring authorization by Congress. ground water and surface water discharges Program, at a total cost of $100,000,000, with (2) SUBMISSION OF REPORT.—Before seeking from any project feature authorized by this an estimated Federal cost of $50,000,000 and congressional authorization for a project subsection will meet all applicable water an estimated non-Federal cost of $50,000,000. under paragraph (1), the Secretary shall sub- quality standards and applicable water qual- (D) CONDITIONS.— mit to Congress— ity permitting requirements. (i) PROJECT IMPLEMENTATION REPORTS.—Be- (A) a description of the project; and (iii) REVIEW AND COMMENT.—In developing fore implementation of a project described in (B) a project implementation report for the the projects authorized under subparagraph any of clauses (i) through (x) of subpara- project prepared in accordance with sub- (B), the Secretary shall provide for public re- graph (C), the Secretary shall review and ap- sections (f) and (h). view and comment in accordance with appli- prove for the project a project implementa- (e) COST SHARING.— cable Federal law. tion report prepared in accordance with sub- (1) FEDERAL SHARE.—The Federal share of (B) PILOT PROJECTS.—The following pilot sections (f) and (h). the cost of carrying out a project authorized projects are authorized for implementation, (ii) SUBMISSION OF REPORT.—The Secretary by subsection (b), (c), or (d) shall be 50 per- after review and approval by the Secretary, shall submit to the Committee on Transpor- cent. at a total cost of $69,000,000, with an esti- tation and Infrastructure of the House of (2) NON-FEDERAL RESPONSIBILITIES.—The mated Federal cost of $34,500,000 and an esti- Representatives and the Committee on Envi- non-Federal sponsor with respect to a mated non-Federal cost of $34,500,000: ronment and Public Works of the Senate the project described in subsection (b), (c), or (d), (i) Caloosahatchee River (C–43) Basin ASR, project implementation report required by shall be— at a total cost of $6,000,000, with an esti- subsections (f) and (h) for each project under (A) responsible for all land, easements, mated Federal cost of $3,000,000 and an esti- this paragraph (including all relevant data rights-of-way, and relocations necessary to mated non-Federal cost of $3,000,000. and information on all costs). implement the Plan; and

VerDate 02-OCT-2000 00:55 Oct 20, 2000 Jkt 089060 PO 00000 Frm 00059 Fmt 4634 Sfmt 0634 E:\CR\FM\A19OC7.011 pfrm01 PsN: H19PT1 H10348 CONGRESSIONAL RECORD — HOUSE October 19, 2000 (B) afforded credit toward the non-Federal (II) manage, to the maximum extent prac- ing, in a cost-effective manner, the require- share of the cost of carrying out the project ticable, the requirement of the non-Federal ments of restoration of the natural system. in accordance with paragraph (5)(A). sponsor to provide cash, in-kind services, and (B) SUBMISSION.—The Secretary shall sub- (3) FEDERAL ASSISTANCE.— land. mit to Congress the report described in sub- (A) IN GENERAL.—The non-Federal sponsor (ii) OTHER MONITORING.—The Secretary paragraph (A) before congressional author- with respect to a project authorized by sub- shall conduct monitoring under clause (i) ization for advanced wastewater reuse is section (b), (c), or (d) may use Federal funds separately for the preconstruction engineer- sought. for the purchase of any land, easement, ing and design phase and the construction (3) PROJECTS APPROVED WITH LIMITATIONS.— rights-of-way, or relocation that is necessary phase. The following projects in the Plan are ap- to carry out the project if any funds so used (E) AUDITS.—Credit for land (including proved for implementation with limitations: are credited toward the Federal share of the land value and incidental costs) or work pro- (A) LOXAHATCHEE NATIONAL WILDLIFE REF- cost of the project. vided under this subsection shall be subject UGE.—The Federal share for land acquisition (B) AGRICULTURE FUNDS.—Funds provided to audit by the Secretary. in the project to enhance existing wetland to the non-Federal sponsor under the Con- (f) EVALUATION OF PROJECTS.— systems along the Loxahatchee National servation Restoration and Enhancement (1) IN GENERAL.—Before implementation of Wildlife Refuge, including the Stazzulla Program (CREP) and the Wetlands Reserve a project authorized by subsection (c) or (d) tract, should be funded through the budget Program (WRP) for projects in the Plan shall or any of clauses (i) through (x) of subsection of the Department of the Interior. be credited toward the non-Federal share of (b)(2)(C), the Secretary, in cooperation with (B) SOUTHERN CORKSCREW REGIONAL ECO- the cost of the Plan if the Secretary of Agri- the non-Federal sponsor, shall complete, SYSTEM.—The Southern Corkscrew regional culture certifies that the funds provided may after notice and opportunity for public com- ecosystem watershed addition should be ac- be used for that purpose. Funds to be cred- ment and in accordance with subsection (h), complished outside the scope of the Plan. ited do not include funds provided under sec- a project implementation report for the (h) ASSURANCE OF PROJECT BENEFITS.— tion 390 of the Federal Agriculture Improve- project. (1) IN GENERAL.—The overarching objective ment and Reform Act of 1996 (110 Stat. 1022). (2) PROJECT JUSTIFICATION.— of the Plan is the restoration, preservation, (4) OPERATION AND MAINTENANCE.—Notwith- (A) IN GENERAL.—Notwithstanding section standing section 528(e)(3) of the Water Re- and protection of the South Florida Eco- 209 of the Flood Control Act of 1970 (42 U.S.C. sources Development Act of 1996 (110 Stat. system while providing for other water-re- 1962–2) or any other provision of law, in car- 3770), the non-Federal sponsor shall be re- lated needs of the region, including water rying out any activity authorized under this sponsible for 50 percent of the cost of oper- supply and flood protection. The Plan shall section or any other provision of law to re- ation, maintenance, repair, replacement, and be implemented to ensure the protection of store, preserve, or protect the South Florida rehabilitation activities authorized under water quality in, the reduction of the loss of ecosystem, the Secretary may determine this section. Furthermore, the Seminole fresh water from, the improvement of the en- that— Tribe of Florida shall be responsible for 50 vironment of the South Florida Ecosystem (i) the activity is justified by the environ- percent of the cost of operation, mainte- and to achieve and maintain the benefits to mental benefits derived by the South Florida nance, repair, replacement, and rehabilita- the natural system and human environment tion activities for the Big Cypress Seminole ecosystem; and described in the Plan, and required pursuant Reservation Water Conservation Plan (ii) no further economic justification for to this section, for as long as the project is Project. the activity is required, if the Secretary de- authorized. termines that the activity is cost-effective. (5) CREDIT.— (2) AGREEMENT.— (B) APPLICABILITY.—Subparagraph (A) (A) IN GENERAL.—Notwithstanding section (A) IN GENERAL.—In order to ensure that 528(e)(4) of the Water Resources Development shall not apply to any separable element in- water generated by the Plan will be made Act of 1996 (110 Stat. 3770) and regardless of tended to produce benefits that are predomi- available for the restoration of the natural the date of acquisition, the value of lands or nantly unrelated to the restoration, preser- system, no appropriations, except for any interests in lands and incidental costs for vation, and protection of the natural system. pilot project described in subsection land acquired by a non-Federal sponsor in (g) EXCLUSIONS AND LIMITATIONS.—The fol- (b)(2)(B), shall be made for the construction accordance with a project implementation lowing Plan components are not approved for of a project contained in the Plan until the report for any project included in the Plan implementation: President and the Governor enter into a and authorized by Congress shall be— (1) WATER INCLUDED IN THE PLAN.— binding agreement under which the State (i) included in the total cost of the project; (A) IN GENERAL.—Any project that is de- shall ensure, by regulation or other appro- and signed to implement the capture and use of priate means, that water made available by (ii) credited toward the non-Federal share the approximately 245,000 acre-feet of water each project in the Plan shall not be per- of the cost of the project. described in section 7.7.2 of the Plan shall mitted for a consumptive use or otherwise (B) WORK.—The Secretary may provide not be implemented until such time as— made unavailable by the State until such credit, including in-kind credit, toward the (i) the project-specific feasibility study de- time as sufficient reservations of water for non-Federal share for the reasonable cost of scribed in subparagraph (B) on the need for the restoration of the natural system are any work performed in connection with a and physical delivery of the approximately made under State law in accordance with the study, preconstruction engineering and de- 245,000 acre-feet of water, conducted by the project implementation report for that sign, or construction that is necessary for Secretary, in cooperation with the non-Fed- project and consistent with the Plan. the implementation of the Plan if— eral sponsor, is completed; (B) ENFORCEMENT.— (i)(I) the credit is provided for work com- (ii) the project is favorably recommended (i) IN GENERAL.—Any person or entity that pleted during the period of design, as defined in a final report of the Chief of Engineers; is aggrieved by a failure of the United States in a design agreement between the Secretary and or any other Federal Government instrumen- and the non-Federal sponsor; or (iii) the project is authorized by Act of tality or agency, or the Governor or any (II) the credit is provided for work com- Congress. other officer of a State instrumentality or pleted during the period of construction, as (B) PROJECT-SPECIFIC FEASIBILITY STUDY.— agency, to comply with any provision of the defined in a project cooperation agreement The project-specific feasibility study re- agreement entered into under subparagraph for an authorized project between the Sec- ferred to in subparagraph (A) shall include— (A) may bring a civil action in United States retary and the non-Federal sponsor; (i) a comprehensive analysis of the struc- district court for an injunction directing the (ii) the design agreement or the project co- tural facilities proposed to deliver the ap- United States or any other Federal Govern- operation agreement prescribes the terms proximately 245,000 acre-feet of water to the ment instrumentality or agency or the Gov- and conditions of the credit; and natural system; ernor or any other officer of a State instru- (iii) the Secretary determines that the (ii) an assessment of the requirements to mentality or agency, as the case may be, to work performed by the non-Federal sponsor divert and treat the water; comply with the agreement. is integral to the project. (iii) an assessment of delivery alternatives; (ii) LIMITATIONS ON COMMENCEMENT OF CIVIL (C) TREATMENT OF CREDIT BETWEEN (iv) an assessment of the feasibility of de- ACTION.—No civil action may be commenced PROJECTS.—Any credit provided under this livering the water downstream while main- under clause (i)— paragraph may be carried over between au- taining current levels of flood protection to (I) before the date that is 60 days after the thorized projects in accordance with sub- affected property; and Secretary and the Governor receive written paragraph (D). (v) any other assessments that are deter- notice of a failure to comply with the agree- (D) PERIODIC MONITORING.— mined by the Secretary to be necessary to ment; or (i) IN GENERAL.—To ensure that the con- complete the study. (II) if the United States has commenced tributions of the non-Federal sponsor equal (2) WASTEWATER REUSE.— and is diligently prosecuting an action in a 50 percent proportionate share for projects in (A) IN GENERAL.—On completion and eval- court of the United States or a State to re- the Plan, during each 5-year period, begin- uation of the wastewater reuse pilot project dress a failure to comply with the agree- ning with commencement of design of the described in subsection (b)(2)(B)(iv), the Sec- ment. Plan, the Secretary shall, for each project— retary, in an appropriately timed 5-year re- (C) TRUST RESPONSIBILITIES.—In carrying (I) monitor the non-Federal provision of port, shall describe the results of the evalua- out his responsibilities under this subsection cash, in-kind services, and land; and tion of advanced wastewater reuse in meet- with respect to the restoration of the South

VerDate 02-OCT-2000 00:55 Oct 20, 2000 Jkt 089060 PO 00000 Frm 00060 Fmt 4634 Sfmt 0634 E:\CR\FM\A19OC7.011 pfrm01 PsN: H19PT1 October 19, 2000 CONGRESSIONAL RECORD — HOUSE H10349

Florida ecosystem, the Secretary of the Inte- (E) REVIEW OF PROGRAMMATIC REGULA- (iv) water supply for Everglades National rior shall fulfill his obligations to the Indian TIONS.—Whenever necessary to attain Plan Park; or tribes in South Florida under the Indian goals and purposes, but not less often than (v) water supply for fish and wildlife. trust doctrine as well as other applicable every 5 years, the Secretary, in accordance (B) MAINTENANCE OF FLOOD PROTECTION.— legal obligations. with subparagraph (A), shall review the pro- Implementation of the Plan shall not reduce (3) PROGRAMMATIC REGULATIONS.— grammatic regulations promulgated under levels of service for flood protection that (A) ISSUANCE.—Not later than 2 years after this paragraph. are— the date of enactment of this Act, the Sec- (4) PROJECT-SPECIFIC ASSURANCES.— (i) in existence on the date of enactment of retary shall, after notice and opportunity for (A) PROJECT IMPLEMENTATION REPORTS.— this Act; and public comment, with the concurrence of the (i) IN GENERAL.—The Secretary and the (ii) in accordance with applicable law. Governor and the Secretary of the Interior, non-Federal sponsor shall develop project (C) NO EFFECT ON TRIBAL COMPACT.—Noth- and in consultation with the Seminole Tribe implementation reports in accordance with ing in this section amends, alters, prevents, of Florida, the Miccosukee Tribe of Indians section 10.3.1 of the Plan. or otherwise abrogates rights of the Semi- of Florida, the Administrator of the Environ- (ii) COORDINATION.—In developing a project nole Indian Tribe of Florida under the com- mental Protection Agency, the Secretary of implementation report, the Secretary and pact among the Seminole Tribe of Florida, Commerce, and other Federal, State, and the non-Federal sponsor shall coordinate the State, and the South Florida Water Man- local agencies, promulgate programmatic with appropriate Federal, State, tribal, and agement District, defining the scope and use regulations to ensure that the goals and pur- local governments. of water rights of the Seminole Tribe of (iii) REQUIREMENTS.—A project implemen- Florida, as codified by section 7 of the Semi- poses of the Plan are achieved. tation report shall— nole Indian Land Claims Settlement Act of (B) CONCURRENCY STATEMENT.—The Sec- (I) be consistent with the Plan and the pro- 1987 (25 U.S.C. 1772e). retary of the Interior and the Governor grammatic regulations promulgated under (i) DISPUTE RESOLUTION.— shall, not later than 180 days from the end of paragraph (3); (1) IN GENERAL.—The Secretary and the the public comment period on proposed pro- (II) describe how each of the requirements Governor shall within 180 days from the date grammatic regulations, provide the Sec- stated in paragraph (3)(B) is satisfied; of enactment of this Act develop an agree- retary with a written statement of concur- (III) comply with the National Environ- ment for resolving disputes between the rence or nonconcurrence. A failure to pro- mental Policy Act of 1969 (42 U.S.C. 4321 et Corps of Engineers and the State associated vide a written statement of concurrence or seq.); with the implementation of the Plan. Such nonconcurrence within such time frame will (IV) identify the appropriate quantity, agreement shall establish a mechanism for be deemed as meeting the concurrency re- timing, and distribution of water dedicated the timely and efficient resolution of dis- quirements of subparagraph (A)(i). A copy of and managed for the natural system; putes, including— any concurrency or nonconcurrency state- (V) identify the amount of water to be re- (A) a preference for the resolution of dis- ments shall be made a part of the adminis- served or allocated for the natural system putes between the Jacksonville District of trative record and referenced in the final necessary to implement, under State law, the Corps of Engineers and the South Florida programmatic regulations. Any noncon- subclauses (IV) and (VI); Water Management District; currency statement shall specifically detail (VI) comply with applicable water quality (B) a mechanism for the Jacksonville Dis- the reason or reasons for the nonconcur- standards and applicable water quality per- trict of the Corps of Engineers or the South rence. mitting requirements under subsection Florida Water Management District to ini- (C) CONTENT OF REGULATIONS.— (b)(2)(A)(ii); tiate the dispute resolution process for unre- (i) IN GENERAL.—Programmatic regulations (VII) be based on the best available solved issues; promulgated under this paragraph shall es- science; and (C) the establishment of appropriate time- tablish a process— (VIII) include an analysis concerning the frames and intermediate steps for the ele- (I) for the development of project imple- cost-effectiveness and engineering feasibility vation of disputes to the Governor and the mentation reports, project cooperation of the project. Secretary; and agreements, and operating manuals that en- (B) PROJECT COOPERATION AGREEMENTS.— (D) a mechanism for the final resolution of sure that the goals and objectives of the (i) IN GENERAL.—The Secretary and the disputes, within 180 days from the date that Plan are achieved; non-Federal sponsor shall execute project co- the dispute resolution process is initiated (II) to ensure that new information result- operation agreements in accordance with under subparagraph (B). ing from changed or unforeseen cir- section 10 of the Plan. (2) CONDITION FOR REPORT APPROVAL.—The cumstances, new scientific or technical in- (ii) CONDITION.—The Secretary shall not Secretary shall not approve a project imple- formation or information that is developed execute a project cooperation agreement mentation report under this section until through the principles of adaptive manage- until any reservation or allocation of water the agreement established under this sub- ment contained in the Plan, or future au- for the natural system identified in the section has been executed. thorized changes to the Plan are integrated project implementation report is executed (3) NO EFFECT ON LAW.—Nothing in the into the implementation of the Plan; and under State law. agreement established under this subsection (III) to ensure the protection of the natural (C) OPERATING MANUALS.— shall alter or amend any existing Federal or system consistent with the goals and pur- (i) IN GENERAL.—The Secretary and the State law, or the responsibility of any party poses of the Plan, including the establish- non-Federal sponsor shall develop and issue, to the agreement to comply with any Fed- ment of interim goals to provide a means by for each project or group of projects, an oper- eral or State law. which the restoration success of the Plan ating manual that is consistent with the (j) INDEPENDENT SCIENTIFIC REVIEW.— may be evaluated throughout the implemen- water reservation or allocation for the nat- (1) IN GENERAL.—The Secretary, the Sec- tation process. ural system described in the project imple- retary of the Interior, and the Governor, in (ii) LIMITATION ON APPLICABILITY OF PRO- mentation report and the project coopera- consultation with the South Florida Eco- GRAMMATIC REGULATIONS.—Programmatic tion agreement for the project or group of system Restoration Task Force, shall estab- regulations promulgated under this para- projects. lish an independent scientific review panel graph shall expressly prohibit the require- (ii) MODIFICATIONS.—Any significant modi- convened by a body, such as the National ment for concurrence by the Secretary of the fication by the Secretary and the non-Fed- Academy of Sciences, to review the Plan’s Interior or the Governor on project imple- eral sponsor to an operating manual after progress toward achieving the natural sys- mentation reports, project cooperation the operating manual is issued shall only be tem restoration goals of the Plan. agreements, operating manuals for indi- carried out subject to notice and opportunity (2) REPORT.—The panel described in para- vidual projects undertaken in the Plan, and for public comment. graph (1) shall produce a biennial report to any other documents relating to the develop- (5) SAVINGS CLAUSE.— Congress, the Secretary, the Secretary of the ment, implementation, and management of (A) NO ELIMINATION OR TRANSFER.—Until a Interior, and the Governor that includes an individual features of the Plan, unless such new source of water supply of comparable assessment of ecological indicators and concurrence is provided for in other Federal quantity and quality as that available on the other measures of progress in restoring the or State laws. date of enactment of this Act is available to ecology of the natural system, based on the (D) SCHEDULE AND TRANSITION RULE.— replace the water to be lost as a result of im- Plan. (i) IN GENERAL.—All project implementa- plementation of the Plan, the Secretary and (k) OUTREACH AND ASSISTANCE.— tion reports approved before the date of pro- the non-Federal sponsor shall not eliminate (1) SMALL BUSINESS CONCERNS OWNED AND mulgation of the programmatic regulations or transfer existing legal sources of water, OPERATED BY SOCIALLY AND ECONOMICALLY shall be consistent with the Plan. including those for— DISADVANTAGED INDIVIDUALS.—In executing (ii) PREAMBLE.—The preamble of the pro- (i) an agricultural or urban water supply; the Plan, the Secretary shall ensure that grammatic regulations shall include a state- (ii) allocation or entitlement to the Semi- small business concerns owned and con- ment concerning the consistency with the nole Indian Tribe of Florida under section 7 trolled by socially and economically dis- programmatic regulations of any project im- of the Seminole Indian Land Claims Settle- advantaged individuals are provided opportu- plementation reports that were approved be- ment Act of 1987 (25 U.S.C. 1772e); nities to participate under section 15(g) of fore the date of promulgation of the regula- (iii) the Miccosukee Tribe of Indians of the Small Business Act (15 U.S.C. 644(g)). tions. Florida; (2) COMMUNITY OUTREACH AND EDUCATION.—

VerDate 02-OCT-2000 00:55 Oct 20, 2000 Jkt 089060 PO 00000 Frm 00061 Fmt 4634 Sfmt 0634 E:\CR\FM\A19OC7.012 pfrm01 PsN: H19PT1 H10350 CONGRESSIONAL RECORD — HOUSE October 19, 2000

(A) IN GENERAL.—The Secretary shall en- provement and Reform Act of 1996 (110 Stat. section 9 of the Act of December 22, 1944 (58 sure that impacts on socially and economi- 1023) is amended by inserting after ‘‘on or Stat. 891). cally disadvantaged individuals, including after the date of enactment of this Act’’ the (2) PLAN.—The term ‘‘plan’’ means the plan individuals with limited English proficiency, following: ‘‘and before the date of enactment for the use of funds made available by this and communities are considered during im- of the Water Resource Development Act of title that is required to be prepared under plementation of the Plan, and that such indi- 2000’’. section 705(e). viduals have opportunities to review and (p) SEVERABILITY.—If any provision or rem- (3) STATE.—The term ‘‘State’’ means the comment on its implementation. edy provided by this section is found to be State of South Dakota. (B) PROVISION OF OPPORTUNITIES.—The Sec- unconstitutional or unenforceable by any (4) TASK FORCE.—The term ‘‘Task Force’’ retary shall ensure, to the maximum extent court of competent jurisdiction, any remain- means the Missouri River Task Force estab- practicable, that public outreach and edu- ing provisions in this section shall remain lished by section 705(a). cational opportunities are provided, during valid and enforceable. (6) TRUST.—The term ‘‘Trust’’ means the implementation of the Plan, to the individ- SEC. 602. SENSE OF CONGRESS CONCERNING Missouri River Trust established by section uals of South Florida, including individuals HOMESTEAD AIR FORCE BASE. 704(a). with limited English proficiency, and in par- (a) FINDINGS.—Congress finds that— SEC. 702. MISSOURI RIVER TRUST. ticular for socially and economically dis- (1) the Everglades is an American treasure advantaged communities. and includes uniquely-important and diverse (a) ESTABLISHMENT.—There is established a (l) REPORT TO CONGRESS.—Beginning on Oc- wildlife resources and recreational opportu- committee to be known as the Missouri tober 1, 2005, and periodically thereafter nities; River Trust. until October 1, 2036, the Secretary and the (2) the preservation of the pristine and nat- (b) MEMBERSHIP.—The Trust shall be com- Secretary of the Interior, in consultation ural character of the South Florida eco- posed of 25 members to be appointed by the with the Environmental Protection Agency, system is critical to the regional economy; Secretary, including— the Department of Commerce, and the State (3) as this legislation demonstrates, Con- (1) 15 members recommended by the Gov- of Florida, shall jointly submit to Congress a gress believes it to be a vital national mis- ernor of South Dakota that— report on the implementation of the Plan. sion to restore and preserve this ecosystem (A) represent equally the various interests Such reports shall be completed not less and accordingly is authorizing a significant of the public; and often than every 5 years. Such reports shall Federal investment to do so; (B) include representatives of— include a description of planning, design, and (4) Congress seeks to have the remaining (i) the South Dakota Department of Envi- construction work completed, the amount of property at the former Homestead Air Base ronment and Natural Resources; funds expended during the period covered by conveyed and reused as expeditiously as pos- (ii) the South Dakota Department of the report (including a detailed analysis of sible, and several options for base reuse are Game, Fish, and Parks; the funds expended for adaptive assessment being considered, including as a commercial under subsection (b)(2)(C)(xi)), and the work (iii) environmental groups; airport; and (iv) the hydroelectric power industry; anticipated over the next 5-year period. In (5) Congress is aware that the Homestead addition, each report shall include— (v) local governments; site is located in a sensitive environmental (vi) recreation user groups; (1) the determination of each Secretary, location, and that Biscayne National Park is and the Administrator of the Environmental (vii) agricultural groups; and only approximately 1.5 miles to the east, Ev- (viii) other appropriate interests; Protection Agency, concerning the benefits erglades National Park approximately 8 to the natural system and the human envi- (2) 9 members, 1 of each of whom shall be miles to the west, and the Florida Keys Na- recommended by each of the 9 Indian tribes ronment achieved as of the date of the report tional Marine Sanctuary approximately 10 and whether the completed projects of the in the State of South Dakota; and miles to the south. (3) 1 member recommended by the organi- Plan are being operated in a manner that is (b) SENSE OF CONGRESS.—It is the sense of zation known as the ‘‘Three Affiliated Tribes consistent with the requirements of sub- Congress that— of North Dakota’’ (composed of the Mandan, section (h); (1) development at the Homestead site Hidatsa, and Arikara tribes). (2) progress toward interim goals estab- could potentially cause significant air, lished in accordance with subsection water, and noise pollution and result in the SEC. 703. MISSOURI RIVER TASK FORCE. (h)(3)(B); and degradation of adjacent national parks and (a) ESTABLISHMENT.—There is established (3) a review of the activities performed by other protected Federal resources; the Missouri River Task Force. the Secretary under subsection (k) as they (2) in their decisionmaking, the Federal relate to socially and economically dis- agencies charged with determining the reuse (b) MEMBERSHIP.—The Task Force shall be advantaged individuals and individuals with of the remaining property at the Homestead composed of— limited English proficiency. base should carefully consider and weigh all (1) the Secretary (or a designee), who shall (m) REPORT ON AQUIFER STORAGE AND RE- available information concerning potential serve as Chairperson; COVERY PROJECT.—Not later than 180 after environmental impacts of various reuse op- (2) the Secretary of Agriculture (or a des- the date of enactment of this Act, the Sec- tions; ignee); retary shall transmit to Congress a report (3) the redevelopment of the former base (3) the Secretary of Energy (or a designee); containing a determination as to whether should be consistent with restoration goals, (4) the Secretary of the Interior (or a des- the ongoing Biscayne Aquifer Storage and provide desirable numbers of jobs and eco- ignee); and Recovery Program located in Miami-Dade nomic redevelopment for the community, (5) the Trust. County has a substantial benefit to the res- and be consistent with other applicable laws; (c) DUTIES.—The Task Force shall— toration, preservation, and protection of the (4) consistent with applicable laws, the (1) meet at least twice each year; South Florida ecosystem. Secretary of the Air Force should proceed as (2) vote on approval of the plan, with ap- (n) FULL DISCLOSURE OF PROPOSED FUND- quickly as practicable to issue a final SEIS proval requiring votes in favor of the plan by ING.— and Record of Decision so that reuse of the a majority of the members; (1) FUNDING FROM ALL SOURCES.—The Presi- former air base can proceed expeditiously; (3) review projects to meet the goals of the dent, as part of the annual budget of the (5) following conveyance of the remaining plan; and United States Government, shall display surplus property, the Secretary, as part of (4) recommend to the Secretary critical under the heading ‘‘Everglades Restoration’’ his oversight for Everglades restoration, projects for implementation. all proposed funding for the Plan for all should cooperate with the entities to which agency programs. (d) ASSESSMENT.— the various parcels of surplus property were (2) FUNDING FROM CORPS OF ENGINEERS CIVIL (1) IN GENERAL.—Not later than 1 year after conveyed so that the planned use of those WORKS PROGRAM.—The President, as part of the date on which funding authorized under properties is implemented in such a manner the annual budget of the United States Gov- this title becomes available, the Secretary as to remain consistent with the goals of the ernment, shall display under the accounts shall submit to the other members of the Everglades restoration plan; and ‘‘Construction, General’’ and ‘‘Operation and Task Force a report on— (6) by August 1, 2002, the Secretary should Maintenance, General’’ of the title ‘‘Depart- (A) the impact of the siltation of the Mis- submit a report to the appropriate commit- ment of Defense—Civil, Department of the souri River in the State, including the im- tees of Congress on actions taken and make Army, Corps of Engineers—Civil’’, the total pact on the Federal, State, and regional any recommendations for consideration by proposed funding level for each account for economies, recreation, hydropower genera- Congress. the Plan and the percentage such level rep- tion, fish and wildlife, and flood control; resents of the overall levels in such ac- TITLE VII—MISSOURI RIVER (B) the status of Indian and non-Indian his- counts. The President shall also include an RESTORATION torical and cultural sites along the Missouri assessment of the impact such funding levels SEC. 701. DEFINITIONS. River; for the Plan would have on the budget year In this title, the following definitions (C) the extent of erosion along the Mis- and long-term funding levels for the overall apply: souri River (including tributaries of the Mis- Corps of Engineers civil works program. (1) PICK-SLOAN PROGRAM.—The term ‘‘Pick- souri River) in the State; and (o) SURPLUS FEDERAL LANDS.—Section Sloan program’’ means the Pick-Sloan Mis- (D) other issues, as requested by the Task 390(f)(2)(A)(i) of the Federal Agriculture Im- souri River Basin Program authorized by Force.

VerDate 02-OCT-2000 00:55 Oct 20, 2000 Jkt 089060 PO 00000 Frm 00062 Fmt 4634 Sfmt 0634 E:\CR\FM\A19OC7.012 pfrm01 PsN: H19PT1 October 19, 2000 CONGRESSIONAL RECORD — HOUSE H10351

(2) CONSULTATION.—In preparing the report does not primarily benefit the Federal Gov- SEC. 705. AUTHORIZATION OF APPROPRIATIONS. under paragraph (1), the Secretary shall con- ernment, as determined by the Task Force. There is authorized to be appropriated to sult with the Secretary of Energy, the Sec- (B) FEDERAL SHARE.—The Federal share of the Secretary to carry out this title retary of the Interior, the Secretary of Agri- the cost of carrying out a critical restora- $4,000,000 for each of fiscal years 2001 through culture, the State, and Indian tribes in the tion project under subsection (f) for which 2005, $5,000,000 for each of fiscal years 2006 State. the Task Force requires a non-Federal cost through 2009, and $10,000,000 in fiscal year (e) PLAN FOR USE OF FUNDS MADE AVAIL- share under subparagraph (A) shall be 65 per- 2010. Such funds shall remain available until ABLE BY THIS TITLE.— cent, not to exceed $5,000,000 for any critical expended. (1) IN GENERAL.—Not later than 2 years restoration project. The SPEAKER pro tempore. Pursu- after the date on which funding authorized (C) NON-FEDERAL SHARE.— ant to House Resolution 639, the gen- under this title becomes available, the Task (i) IN GENERAL.—Not more than 50 percent tleman from Pennsylvania (Mr. SHU- Force shall prepare a plan for the use of of the non-Federal share of the cost of car- STER) and the gentleman from Min- funds made available under this title. rying out a critical restoration project de- (2) CONTENTS OF PLAN.—The plan shall pro- scribed in subparagraph (B) may be provided nesota (Mr. OBERSTAR) each will con- vide for the manner in which the Task Force in the form of services, materials, or other trol 30 minutes. shall develop and recommend critical res- in-kind contributions. The Chair recognizes the gentleman toration projects to promote— (ii) REQUIRED NON-FEDERAL CONTRIBU- from Pennsylvania (Mr. SHUSTER). (A) conservation practices in the Missouri TIONS.—For any critical restoration project Mr. SHUSTER. Mr. Speaker, I yield River watershed; described in subparagraph (B), the non-Fed- myself such time as I may consume. (B) the general control and removal of eral interest shall— The Water Resources Development sediment from the Missouri River; (I) provide all land, easements, rights-of- Act of 2000, as amended, addresses the (C) the protection of recreation on the Mis- way, dredged material disposal areas, and re- souri River from sedimentation; civil works program of the United locations; States Army Corps of Engineers, pro- (D) the protection of Indian and non-Indian (II) pay all operation, maintenance, re- historical and cultural sites along the Mis- viding water-related engineering serv- placement, repair, and rehabilitation costs; ices to the Nation. It authorizes new souri River from erosion; and (E) erosion control along the Missouri (III) hold the United States harmless from water resource projects that are receiv- River; or all claims arising from the construction, op- ing favorable review by the Army (F) any combination of the activities de- eration, and maintenance of the project. Corps of Engineers. It modifies existing scribed in subparagraphs (A) through (E). (iii) CREDIT.—The non-Federal interest water resources projects to reflect (3) PLAN REVIEW AND REVISION.— shall receive credit for all contributions pro- changed conditions. It directs that new (A) IN GENERAL.—The Task Force shall vided under clause (ii)(I). make a copy of the plan available for public studies be conducted to determine the review and comment before the plan becomes SEC. 704. ADMINISTRATION. feasibility and the Federal interest in final, in accordance with procedures estab- (a) IN GENERAL.—Nothing in this title di- addressing water-related issues at var- lished by the Task Force. minishes or affects— ious locations. (B) REVISION OF PLAN.— (1) any water right of an Indian tribe; WRDA 2000 approves and authorizes (i) IN GENERAL.—The Task Force may, on (2) any other right of an Indian tribe, ex- the first increment of the comprehen- an annual basis, revise the plan. cept as specifically provided in another pro- sive Everglades restoration plan. The (ii) PUBLIC REVIEW AND COMMENT.—In revis- vision of this title; text is based on the Senate-passed Ev- ing the plan, the Task Force shall provide (3) any treaty right that is in effect on the erglades provision, with minor amend- the public the opportunity to review and date of enactment of this Act; comment on any proposed revision to the ments which have been made and (4) any external boundary of an Indian res- which are acceptable to the Senate, to plan. ervation of an Indian tribe; (f) CRITICAL RESTORATION PROJECTS.— (5) any authority of the State that relates the Florida Members of Congress, to (1) IN GENERAL.—After the plan is approved to the protection, regulation, or manage- the State of Florida, and to the admin- by the Task Force under subsection (c)(2), ment of fish, terrestrial wildlife, and cul- istration. the Secretary, in coordination with the Task tural and archaeological resources, except as The bill modifies authorities and di- Force, shall identify critical restoration specifically provided in this title; or rectives of the Army Corps of Engi- projects to carry out the plan. (6) any authority of the Secretary, the Sec- neers to reform existing policies and (2) AGREEMENT.—The Secretary may carry retary of the Interior, or the head of any out a critical restoration project after enter- procedures enhancing public participa- other Federal agency under a law in effect on tion in feasibility studies, monitoring ing into an agreement with an appropriate the date of enactment of this Act, includ- non-Federal interest in accordance with sec- of completed projects, and mitigation ing— of environmental impacts. tion 221 of the Flood Control Act of 1970 (42 (A) the National Historic Preservation Act U.S.C. 1962d–5b). (16 U.S.C. 470 et seq.); b 1030 (3) INDIAN PROJECTS.—To the maximum ex- (B) the Archaeological Resources Protec- The bill authorizes and modifies en- tent practicable, the Secretary shall ensure tion Act of 1979 (16 U.S.C. 470aa et seq.); that not less than 30 percent of the funds (C) the Fish and Wildlife Coordination Act vironmental restoration and environ- made available for critical restoration (16 U.S.C. 661 et seq.); mental infrastructure projects and pro- projects under this title shall be used exclu- (D) the Act entitled ‘‘An Act for the pro- grams that address national needs at sively for projects that are— tection of the bald eagle’’, approved June 8, several locations, including the lower (A) within the boundary of an Indian res- 1940 (16 U.S.C. 668 et seq.); Columbia River Estuary, Puget Sound, ervation; or (E) the Migratory Bird Treaty Act (16 San Gabriel Basin, as well as the Illi- (B) administered by an Indian tribe. U.S.C. 703 et seq.); (g) COST SHARING.— nois, Missouri, Mississippi and Ohio (F) the Endangered Species Act of 1973 (16 (1) ASSESSMENT.— Rivers. The estimated Federal cost of U.S.C. 1531 et seq.); (A) FEDERAL SHARE.—The Federal share of these provisions is $5 billion. (G) the Native American Graves Protection the cost of carrying out the assessment Mr. Speaker, this is a fair, balanced, and Repatriation Act (25 U.S.C. 3001 et seq.); under subsection (d) shall be 50 percent. (H) the Federal Water Pollution Control bipartisan bill. It addresses the water (B) NON-FEDERAL SHARE.—The non-Federal Act (33 U.S.C. 1251 et seq.); resources needs across the Nation. I share of the cost of carrying out the assess- (I) the Safe Drinking Water Act (42 U.S.C. certainly want to thank my colleague, ment under subsection (d) may be provided 300f et seq.); and the gentleman from Minnesota (Mr. in the form of services, materials, or other (J) the National Environmental Policy Act in-kind contributions. OBERSTAR), for his cooperation and of 1969 (42 U.S.C. 4321 et seq.). (2) PLAN.— leadership in developing this amend- (A) FEDERAL SHARE.—The Federal share of (b) FEDERAL LIABILITY FOR DAMAGE.—Noth- ment. I also want to thank the sub- the cost of preparing the plan under sub- ing in this title relieves the Federal Govern- committee chairman, the gentleman section (e) shall be 50 percent. ment of liability for damage to private prop- from New York (Mr. BOEHLERT), and (B) NON-FEDERAL SHARE.—Not more than 50 erty caused by the operation of the Pick- the gentleman from Pennsylvania (Mr. Sloan program. percent of the non-Federal share of the cost BORSKI), the ranking member of the of preparing the plan under subsection (e) (c) FLOOD CONTROL.—Notwithstanding any Subcommittee on Water Resources and may be provided in the form of services, ma- other provision of this title, the Secretary terials, or other in-kind contributions. shall retain the authority to operate the Environment, for their leadership in (3) CRITICAL RESTORATION PROJECTS.— Pick-Sloan program for the purposes of this legislation. (A) IN GENERAL.—A non-Federal cost share meeting the requirements of the Act of De- I urge my colleagues to support this shall be required to carry out any critical cember 22, 1944 (58 Stat. 887, 33 U.S.C. 701–1 et important bill, which invests in Amer- restoration project under subsection (f) that seq.). ica’s environmental future.

VerDate 02-OCT-2000 00:55 Oct 20, 2000 Jkt 089060 PO 00000 Frm 00063 Fmt 4634 Sfmt 0634 E:\CR\FM\A19OC7.012 pfrm01 PsN: H19PT1 H10352 CONGRESSIONAL RECORD — HOUSE October 19, 2000 Mr. Speaker, I reserve the balance of proaches these issues, thorough grasp will improve the way in which the my time. of the subject matter, and painstaking Corps implements its program. Mr. OBERSTAR. Mr. Speaker, I yield work to bring us to this point. The bill will require the Corps to be myself such time as I may consume. Mr. BORSKI. Mr. Speaker, I thank more aware earlier in the study process Mr. Speaker, at the outset I want to the gentleman for yielding me the of whether adverse environmental ef- express my great appreciation to the time. fects can be successfully and cost-effec- gentleman from Pennsylvania (Chair- Mr. Speaker, I rise in strong support tively mitigated. Too often we can see man SHUSTER) for the cooperation that of this bill. This bill represents what the caution signs before us, but we fail we have had and the close working re- we do best in the Committee on Trans- to heed their warning. While the Corps lationship again on this legislation, as portation and Infrastructure. We invest is generally successful at mitigating on all the other bills that we have in America’s future by providing crit- potential environmental harm, it can- moved through this body. It again ical infrastructure while working to re- not always be successful. And we can shows that at a time when there is dis- store and enhance and protect the envi- be aware of this early in the study pute and rancor in the body politic in ronment. process. the broad public that in this body, Mr. Speaker, I am particularly hon- This is why I support language in the where there is respect and mutual un- ored that we are considering this bill bill that will require the Corps to de- derstanding and openness, the Congress today under the leadership of the gen- termine whether mitigation is likely can work and do the work of the pub- tleman from Pennsylvania (Chairman to be successful and, if it cannot be lic. SHUSTER) and the gentleman from Min- successful, to stop the Corps from rec- This committee has demonstrated nesota (Mr. OBERSTAR), the ranking ommending a project for further study time and again that we can do the member. This may be the last oppor- or authorization. work of the public because of the mu- tunity that many of us have to pay Additional areas of the bill that I tual respect, the understanding, co- tribute to the strong bipartisan leader- would like to emphasize are two pilot operation and the consensus that the ship that the chairman and ranking programs addressing independent re- work that we do is for the greater good member have demonstrated over the view of proposed projects and moni- of the country. And that is what this past 6 years. toring of completed projects. On independent review, the bill re- Water Resources Development Act is As a committee colleague and a fel- quires the Secretary of the Army to es- all about. low Pennsylvanian, I have often sought It is among the best things we do in the chairman’s advice and counsel. tablish a 3-year program of inde- pendent peer review of up to five our committee and in this Congress: in- Even on those few occasions when we projects. This review would apply to vest in the well-being of our fellow citi- have disagreed, I have always been projects over $25 million and projects zens and future growth and develop- treated fair and with a mutual respect with a substantial degree of public con- ment of this country. for doing what each of us believes is troversy. While some have argued for a Since the landmark Water Resources right. permanent peer review program, I be- Development Act of 1986, the former Even though the gentleman from lieve that this pilot program will allow Committee on Public Works and Trans- Pennsylvania (Chairman SHUSTER) the Committee on Transportation and portation, now renamed the Committee must step down as chairman, I know Infrastructure and the House to evalu- on Transportation and Infrastructure, that he will continue to be a leader on ate its effectiveness and to make it has worked to maintain a 2-year au- the issues related to the Committee on permanent if it is warranted. thorization schedule for the Corps. In Transportation and Infrastructure, and I also strongly support the require- fact, that has been the history since I look forward to continuing to work ment to monitor the performance of up the reorganization of the Congress in closely with him doing what is best for to five projects for 12 years. This will 1946, to maintain a 2-year cycle, to pro- the Nation and for our great Common- allow for the economic and environ- vide continuity for the program and wealth of Pennsylvania. mental results of projects to be evalu- certainty to the non-Federal and local I would also like to acknowledge my ated following their completion. sponsors for these Corps projects. close relationship with our sub- Today, we authorize and construct It also gives us in the Congress the committee chairman, the gentleman projects, but we do not adequately fol- opportunity to conduct oversight over from New York (Mr. BOEHLERT). We low up on whether the expected bene- the Corps programs, to make fine-tun- have worked closely together for the fits are ever realized. The monitoring ing adjustments as necessary on indi- past 6 years in the great tradition of will be an important tool in helping vidual projects, and to revisit major this committee. We have had a few the Corps and the Congress produce a issues in a periodic fashion. tough disputes, but we always managed more effective civil works program. This bill authorizes projects for the to retain the proper decorum and re- Finally, Mr. Speaker, I want to men- entirety of the Corps’ civil works pro- spect for each other. I have greatly en- tion that this bill requires the Corps to gram: navigation, flood control, shore- joyed working with the gentleman establish procedures to enhance public line protection, environmental restora- from New York (Mr. BOEHLERT). participation in the development of tion and protection, and authorizations Many of the speakers today will de- feasibility studies. While the Corps al- to restore the Nation’s environmental scribe the various projects that are at ready engages in public meetings and infrastructure, especially for smaller the heart of this bill. I represent one of public notice concerning its proposed and, in many cases, economically dis- the Nation’s great seaports on the East projects, I believe there is always room advantaged communities. Coast. The Corps is currently working for improvement. By examining its It builds and rebuilds the Nation’s in- to allow the Port of Philadelphia to current procedures and making im- frastructure. It allows us to expand compete in the 21st century. Other provements where possible, the role of international trade through projects to Members benefit from the efficient the public will be enhanced; and I be- improve our coastal ports and our in- transportation system that allows lieve the Corps will recommend better, land river navigation system. Through barges to move on the inland waters. more acceptable projects to the Con- flood control and hurricane and storm These projects form the water-based gress. damage reduction measures, this legis- infrastructure that is such a key com- Without a doubt, the program to re- lation and the general work of the ponent of the Nation’s transportation store the Everglades is the centerpiece Corps will again help to meet critical system. The projects in this and pre- of this year’s legislation. Responding needs to protect lives and property. vious water resources bills protect to severe flooding that devastated Mr. Speaker, I yield such time as he lives and property from floods and hur- Florida, Congress in 1948 authorized may consume to the able gentleman ricanes, and they provide drinking the Corps to carry out the Central and from Pennsylvania (Mr. BORSKI), the water and electricity to our cities and Southern Florida Project, with the aim ranking member of the Subcommittee factories. of controlling floods and providing on Water Resources and Environment, These projects are the more visible water supply for urban and agricul- who has my great admiration for the aspect of the bill, but there are more tural uses. The project was a spectac- splendid, scholarly way in which he ap- important provisions of this bill that ular success in achieving its purpose.

VerDate 02-OCT-2000 02:12 Oct 20, 2000 Jkt 089060 PO 00000 Frm 00064 Fmt 4634 Sfmt 0634 E:\CR\FM\K19OC7.012 pfrm01 PsN: H19PT1 October 19, 2000 CONGRESSIONAL RECORD — HOUSE H10353 Along the way, however, the fragile committee held hearings throughout gateways of commerce. New flood con- ecosystem of the historic Everglades the year, as well as last year, on this trol and navigation projects are au- was seriously damaged. bill’s key issues and provisions. We thorized and existing projects are During the 1990’s, the State of Flor- have, on a bipartisan basis, reviewed modified and improved. For example, ida and the Federal Government have hundreds of project requests and scores this legislation authorizes a critically undertaken a number of projects de- of important and timely water policies. important project for the Ports of New signed to mitigate some of the adverse While no one is ever perfectly happy York and New Jersey. environmental impacts. The Water Re- with every provision, I think the com- Mr. Speaker, this bill also takes the sources Development Act of 1996 di- mittee leadership has done a good job first important steps toward reforming rected development of a comprehensive balancing competing interests and the Corps of Engineers. Our committee, Everglades restoration plan. It is an treating Members and their constitu- particularly my subcommittee, has ambitious plan supported by an un- ents fairly. looked into the various allegations lev- likely coalition of stakeholders that Mr. Speaker, this is truly landmark eled at the Corps over the last year. includes Federal, State, regional and legislation. It is our best hope to save These are serious allegations with seri- local agencies, sugar and agricultural the Everglades, to protect the egrets ous repercussions for the Nation’s larg- interests, Indian tribes, environment and alligators, and to restore the bal- est water resources program. This leg- groups, utilities, developers, and home- ance between the human environment islation takes an important step in re- owners, and, I may add, from the entire and the natural system in south Flor- sponding to those concerns. bipartisan Florida delegation. ida. For example, the bill authorizes an The plan approved by the Chief of En- The world is watching, and I am important pilot program for inde- gineers would cost at least $7.8 billion proud of what this institution has pro- pendent peer review of proposed and take 36 years to construct. duced at this critical moment. projects. I strongly support this con- The bill will approve the Comprehen- Senator BOB SMITH and his col- cept. The Corps needs to take this sive Everglades Restoration Plan as a leagues on and off the Committee on process seriously and to submit to peer Environment and Public Works on the framework for modification and oper- review of significant controversial other side and the gentleman from ational changes to the Central and projects that will truly test this con- Florida (Mr. SHAW) and his colleagues South Florida Project to restore, re- cept. I look forward to reviewing the in the House are to be congratulated. serve, and protect the Everglades eco- results and working with my col- They have provided leadership where system. It would also authorize the leagues to further improve the proce- leadership has been needed. Through first installment of the plan. dures and methodologies for project de- their efforts, we are able to move for- Since 1986, Congress has tried to velopment and selection. ward with a consensus package that maintain a 2-year cycle to enact water This is a good bill put together by a gives overall approval to the 36-year, resources legislation. Such a cycle is good bipartisan team, and I thank the $7.8 billion plan and specifically au- important to providing certainty and gentleman from Pennsylvania (Mr. thorizes $1.4 billion in projects to get stability to the programs. This bill is a BORSKI) for his great work for these the water right. That is very impor- past 6 years. I thank the gentleman continuation of that process and tant. from Minnesota (Mr. OBERSTAR) and should receive strong bipartisan sup- I want to emphasize, as the bill itself the gentleman from Pennsylvania (Mr. port today in the House. does, that the primary purpose of this I ask my colleagues to join me in SHUSTER). This is an effective team landmark, unprecedented activity in that produces for America. support of the bill. the Everglades is to restore the natural Mr. OBERSTAR. Mr. Speaker, I yield Mr. SHUSTER. Mr. Speaker, I am system. myself such time as I may consume. pleased to yield 51⁄2 minutes to the dis- b 1045 Mr. Speaker, I want to extend my tinguished gentleman from New York great appreciation to the very diligent, (Mr. BOEHLERT), the chairman of our We are going to have to monitor this thoughtful, hard-working, energetic, Subcommittee on Water Resources and project closely and continue to review forward, progressive Member, chairman Environment. the science to ensure that it accom- of the Subcommittee on Water Re- Mr. BOEHLERT. Mr. Speaker, I plishes this fundamental goal. Indeed, sources and Environment, who has led thank the gentleman for yielding me as the project moves forward, more leg- that subcommittee through some very, the time. islative safeguards may be necessary to very difficult issues in the past several Mr. Speaker, I rise in strong support ensure that the intent of this bill is years, especially in the past 2 years, in of the amendment to S. 2796, the Water met, safeguards such as requiring ex- Superfund and now on the Water Re- Resources Development Act of 2000. plicitly that 50 percent of the restora- sources Development Act. The gen- This comprehensive, bipartisan legis- tion benefits are achieved by the time tleman has been very cooperative. We lation will help save the Everglades, that 50 percent of the funds are spent. really appreciate the bipartisanship restore rivers and watersheds through- For now, this bill sets us on the right that he has always demonstrated. out the country, keep communities path, sets clear goals, gives needed au- Mr. Speaker, I yield 2 minutes to the safe from floods and hurricanes, and re- thority to the Department of Interior gentleman from Florida (Mr. DEUTSCH). pair and improve America’s water and allows for continuing scientific re- Mr. DEUTSCH. Mr. Speaker, I too transportation infrastructure, the life- view. It is our best chance of reversing want to just thank the chairman of the blood of our domestic and global econ- the havoc which was inadvertently committee and the ranking member omy. wreaked on the Everglades without and the chairman of the subcommittee First let me commend the chairman damaging the prosperity of Florida. and the ranking member. This is a of the Committee on Transportation Mr. Speaker, this bill is about more great day, not just for the Everglades and Infrastructure, the gentleman from than saving the Everglades. It author- in South Florida but really for Florida Pennsylvania (Mr. SHUSTER); the rank- izes and directs the Army Corps of En- and America and truly the entire coun- ing Democrat, the gentleman from gineers to restore and protect scores of try. This is Congress at its best, really Minnesota (Mr. OBERSTAR); and the rivers throughout the country from the doing the work of the American people gentleman from Pennsylvania (Mr. Upper Susquehanna and the Ohio to in creating legislation that really is BORSKI), the ranking Democrat on the the Mississippi and the Missouri and protecting our future for ourselves, our Subcommittee on Water Resources and the Columbia. The bill also restores children, and our grandchildren. Environment. Through their leader- watersheds and wetlands, cleans up I am going to focus on what this bill ship, and I might say inspired leader- acid mine drainage, and remediates does for the Florida Everglades. This ship and cooperation, we are able to contaminated settlement in the Great bill is truly historic. This is one of the bring this broadly supported package Lakes and groundwater in California. historic days over the 200-year history to the House floor today. In short, it is environmentally friend- of this country and of this Congress. As chairman of the subcommittee, I ly, as it should be. We are about to pass the largest eco- can tell my colleagues this legislation This bill is also about saving lives, system restoration project in the his- has been long in the making. The sub- protecting property, and opening the tory of the world, in the history of the

VerDate 02-OCT-2000 02:12 Oct 20, 2000 Jkt 089060 PO 00000 Frm 00065 Fmt 4634 Sfmt 0634 E:\CR\FM\K19OC7.015 pfrm01 PsN: H19PT1 H10354 CONGRESSIONAL RECORD — HOUSE October 19, 2000 world. It is a $7.8 billion restoration grade our watershed, our estuary, that happy that the Congress has seen fit to project for the Florida Everglades. It is marine ecosystem. One of those pieces include the Everglades in their plans. doing what needs to be done. that will have an adverse effect on the Mr. Speaker, the Everglades are There is only one Everglades in the Chesapeake Bay is the deepening activ- dying and all of us know that we must world. It happens to be in South Flor- ity by the Corps of Engineers to an act now. We lose what is left of the Ev- ida. It is the Everglades; it is the River area called the Chesapeake and Dela- erglades within a year. We have a lot of of Grass. It is a 100-mile wide river that ware Canal, or the northern approach people to be thankful for it that is only about a foot deep that flows, to the Port of Baltimore. The Corps of worked on this, that we have heard that is just absolutely spectacular. I Engineers has conducted a feasibility about this morning, including the ad- urge all of my colleagues to try to study on whether or not this will ben- ministration, the State of Florida ad- spend not just an hour, not just a day efit the taxpayers, or even the port, ministration, Senators GRAHAM and but maybe a week traveling through since 1988. SMITH and others, and all of the envi- the Everglades to really appreciate the From 1996 to this point, the Corps of ronmental community throughout this unique place on the planet Earth that Engineers has, through its own num- country. it is. bers, recognized that the benefit to We owe a great deal to the late Mar- Unfortunately, sometimes people cost ratio or the benefit to the tax- jorie Stoneham Douglas as she men- tioned the Everglades as a ‘‘river of make mistakes, and the truth is the payers is not there; the financial jus- grass,’’ and now we have sought to United States, through Corps projects, tification for deepening this canal has have it the way Marjorie would have made mistakes, and other projects. The not met the Federal criteria, which State of Florida made mistakes in liked it to be with water. means that there will be no increase in No one disputes that the Federal terms of doing things that have done commerce due to the deepening of the Government was pretty much respon- damage to the Everglades over a long C&D Canal. sible for what has happened in the Ev- period of time. We have shifted that So, in my judgment, since there is erglades. Fifty years ago, the govern- around over the last couple of years, some adverse environmental degrada- ment decided it would establish the Ev- but this is the bill that is putting into tion because of the deepening, there is erglades National Park, but simulta- paper literally about a 30-year restora- no increase in commerce based on the neously they also set up a series of ca- tion project and it is being done smart, Corps’ own numbers, we should not nals. I used to run around those canals it is being done right; it is bipartisan spend $100 million, and that is the ac- over in South Bay and Belle Glade and without exception. tual cost of this project to go forward. Immokalee and all of those counties I also want to thank my colleague, If we are going to spend $100 million, it over there that they call on the muck, who is in the chair now, the gentleman should have some justification or we but as a series of these levees and other from Florida (Mr. SHAW), in a neigh- should have some value to that amount flood control methods were put in, it boring district of mine. He and I have of money. kind of disrupted the lifeblood of the worked very closely in terms of this, So I appreciate the chairman’s con- Everglades. and both Republican and governors of cern over this issue, and we will con- So as a result of these 50 years of ne- the State of Florida have worked very tinue to work on this. glect, we now have to look at the State closely. Governor Bush, Governor Mr. SHUSTER. Mr. Speaker, will the of Florida that we have lost 46 percent Graham before him, Governor Chiles, gentleman yield? of its wetlands and 50 percent of its his- Governor Martinez as well. Mr. GILCHREST. I yield to the gen- toric Everglades ecosystem. If we look Again, I urge my colleagues to sup- tleman from Pennsylvania. at this chart here, we will see the Fed- port it. I look forward to working with Mr. SHUSTER. Mr. Speaker, I thank eral Government has a very clear inter- them every year into the future to the gentleman from Maryland (Mr. est in restoring the ecosystem. Since a make sure the implementation is done GILCHREST) for yielding. large part of the portions of the lands correctly. Mr. Speaker, I would say he has in- are owned or managed by the Federal Mr. SHUSTER. Mr. Speaker, I yield 3 deed shed some light on these issues, Government, they will receive the ben- minutes to the distinguished gen- and while I have concerns with some of efits of the restoration. There are four tleman from Maryland (Mr. the legislative proposals that have national parks, as we see here, belong- GILCHREST). been offered, I do, I believe, appreciate ing to the Federal Government; 16 na- Mr. GILCHREST. Mr. Speaker, I the underlying concerns; and I look tional wildlife refuges, which make up thank the gentleman from Pennsyl- forward to working with the gentleman half of the remaining Everglades. So vania (Mr. SHUSTER) for yielding me to deal with this issue. this is an Everglades system that is this time. Mr. OBERSTAR. Mr. Speaker, I yield pretty much in Florida, but the inter- Mr. Speaker, I appreciate the chair- 31⁄2 minutes to the very distinguished est of the Nation is here on the restora- man engaging me in a colloquy with an gentlewoman from Florida (Mrs. tion of the Everglades. The need for ac- issue in my district that has been on- MEEK). tion is very clear. The legislation be- going for a number of years, and many (Mrs. MEEK of Florida asked and was fore us today, thanks to this excellent of us that live in the First Congres- given permission to revise and extend committee, they present an unprece- sional District of Maryland, which is her remarks.) dented compromise supported by the the main stem of the Chesapeake wa- Mrs. MEEK of Florida. Mr. Speaker, I administration, State of Florida, envi- tershed, for discussing this issue. The am very grateful and privileged to rise ronmental groups and, thanks to the previous speaker talked about the in strong support of the Water Re- Congress, a bipartisan Congress. They Corps of Engineers restoring a rather sources Development Act, in particular represent every major constituency, unique body of water on the planet the section on the Everglades. Those of and here we will see the departments of called the Everglades, and the effort us in Florida, and those of us through- the agencies in Florida that are respon- that our committee and this Congress out this country who cherish what we sible. The State of Florida has com- has done to restore the waters and the have in natural resources, we owe a mitted $2 billion to the restoration ecosystem for that magnificent place. debt of gratitude to the gentleman plan. Now it is our turn to respond. What we are trying to do in the from Pennsylvania (Mr. SHUSTER) and We need this bill, Mr. Speaker, and I Chesapeake Bay is very similar. The the ranking member, the gentleman know that they are monitoring very Chesapeake Bay has had a program to from Minnesota (Mr. OBERSTAR), for closely what we do here. It is ex- restore this estuary for about 20 years their hard and diligent work in bring- tremely important, and I urge all of now, and we continue to make pretty ing this important legislation to the my colleagues to join me to preserve good progress. floor and their strong support for Ever- America’s Everglades and ensure that The Corps of Engineers, to a large ex- glades restoration. one of the world’s most endangered tent, has been very helpful in that ef- The gentleman from Florida (Mr. ecosystems is not lost. We do not need fort. One of the problems in our area is, SHAW), my chairman, has inspired each to lose the Everglades, because it is however, that there are bits and pieces member of the delegation to see the stability for the people of Florida and of human activity that continues to de- worth of this project and we are very for the Nation.

VerDate 02-OCT-2000 00:55 Oct 20, 2000 Jkt 089060 PO 00000 Frm 00066 Fmt 4634 Sfmt 0634 E:\CR\FM\K19OC7.019 pfrm01 PsN: H19PT1 October 19, 2000 CONGRESSIONAL RECORD — HOUSE H10355 Mr. SHUSTER. Mr. Speaker, I yield 2 tion or contain inadequate environ- BOEHLERT); the ranking member, the minutes to the gentleman from Florida mental provisions point to deficiencies gentleman from Minnesota (Mr. OBER- (Mr. MICA). in the Corps process for planning and STAR); and the ranking member, the Mr. MICA. Mr. Speaker, this morning approving water resources projects. gentleman from Pennsylvania (Mr. we are really going to pass what I con- I am particularly pleased that this BORSKI), for their excellent work. sider the most significant environ- legislation takes the first step in pro- Mr. Speaker, as a first term Member mental legislation of a generation. viding for an independent review of of this committee, I am impressed with This is really a historic occasion be- large or controversial water develop- the efficiency and the bipartisan co- cause we have replaced talk with ac- ment projects. operation and the outstanding staff. tion. We have replaced rhetoric with The language in the House version of I want to thank the members for con- hard cash. In 1976, I was elected to the WRDA 2000 is modeled after legislation sidering and authorizing on a contin- Florida legislature and they talked that I introduced earlier this year, gent basis the Antelope Creek Project, about restoring the Everglades; and I H.R. 4879. The central provision of that for the four-state Missouri River Miti- heard talk for more than 2 decades but legislation was to create an inde- gation Project, and particularly for finally we are taking action to restore pendent panel of water resource ex- helping the taxpayer by the coordina- the Everglades. perts to review projects that would tion of flood control and highway con- I want to thank personally a gen- cost in excess of $25 million or are sub- struction related to the Sand Creek tleman who is not in Congress, a ject to a substantial degree of public Reservoir. It is an outstanding oppor- former majority leader, Bob Dole, who controversy. tunity to coordinate this. It was time- just down the hall from here helped to The House-worded bill creates a 3- urgent, and, therefore, very much ap- make a decision that launched this ef- year pilot program of the independent preciated that this legislation was fort. I want to thank the gentleman review process. It was my hope that moved forward. from Pennsylvania (Mr. SHUSTER) and stronger provisions than the pilot pro- I urge my colleagues to strongly sup- also the gentleman from Florida (Mr. gram would have been included in the port this legislation. SHAW), the gentleman who is presiding bill before the House today. However, This Member is especially appreciative that now, who helped make this legislation due to the closed rule, an amendment he has had the opportunity in the 106th Con- possible; and also Governor Bush, who that was offered by the gentleman from gress to serve on the Transportation Com- made a State commitment, replaced Oregon (Mr. BLUMENAUER) and myself mittee and the Water Resources and Environ- talk with action. obviously was not made in order. ment Subcommittee. Clearly, it has been one But the central purpose of the inde- of the highlights of the 106th Congress for this b 1100 pendent review is to lift the cloud cur- Member. I was raised in south Florida, and I rently hanging over the Corps and to This important legislation presents a tremen- saw what they did to the Everglades. enable the Corps to get on with its im- dous opportunity to improve flood control, This is my district. It is to the north of portant work on our Nation’s rivers, navigation, shore protection and environmental the Everglades, north of Orlando. lakes, coastlines, and harbors. The best protection. This Member is pleased that the Just for the record, I am pleased that way to achieve this goal is to increase bill we are considering today includes contin- we have a balance, that areas like the the level of transparency and account- gent approval for the Sand Creek watershed St. John’s River, like north Florida, ability in the Corps planning process project in Saunders County, Nebraska. This central Florida and the Keys will also and to establish guidelines that strike proposed project, which is a result of the be protected and preserved, and also re- a genuine balance between economic Lower Platte River and Tributaries Flood Con- stored, so we do not make the same development and other social and envi- trol Study, is designed to meet Federal envi- mistakes we made in south Florida. ronmental priorities. I cannot help but ronmental restoration goals, help provide state This bill has a balance. It is a great think if this pilot project or my legis- recreation needs, solve local flooding prob- piece of legislation. I thank those in- lation had been included in the Corps’ lems and preserve water quality. It is spon- volved again for this historic occasion authorizing language 50 years ago, we sored jointly by the Lower Platte North NRD, and also for listening to our concerns may not be here today talking about a the City of Wahoo and Saunders County. in the north part of Florida, the cen- big Florida Everglades restoration The plans for the project include a nearly tral part of Florida, the south part of project. 640-acre reservoir, known as Lake Wanahoo, Florida and the rest of the country; I also want to thank Members and wetlands restoration and seven upstream sedi- and I urge passage of this historic the committee staff for working with ment nutrient traps. The Sand Creek water- measure. me to include in this legislation a sci- shed project would result in important environ- Mr. OBERSTAR. Mr. Speaker, I am entific modeling program for the Upper mental and recreational benefits for the area pleased to yield 3 minutes to the dis- Mississippi River Basin, so we can do a and has attracted widespread support. It is es- tinguished gentleman from Wisconsin better job of protecting and preserving pecially crucial that the Sand Creek project is (Mr. KIND). one of America’s greatest natural re- included in WRDA this year as the Nebraska (Mr. KIND asked and was given per- sources, the Mississippi River. It is a Department of Roads is ready to begin design mission to revise and extend his re- small provision, but it is a very impor- of a freeway in that area that will be routed marks.) tant provision if we are to maintain across the top of a dam if the project is ap- Mr. KIND. I want to thank my rank- the multiple uses of the Mississippi proved. If the Sand Creek project is not in- ing member for yielding me this time. River, recreation, tourism and com- cluded in WRDA, a new bridge will have to be Mr. Speaker, I rise today in support mercial. planned and built, which would make the of S. 2796, WRDA 2000. I especially want So, again, I want to thank the rank- project not economically feasible. With this au- to commend the gentleman from Penn- ing members on the committee, the thorization, contingent because of facts yet to sylvania (Chairman SHUSTER), the gen- staff for the assistance we received; be checked and planning study elements yet tleman from Minnesota (Mr. OBER- and I would urge my colleagues to sup- to be resolved, the way is clear to save the STAR), the gentleman from New York port the House version of WRDA, given taxpayers funds, secure mutual project bene- (Mr. BOEHLERT), and the gentleman the important language and the impor- fits in highway construction and flood control. from Pennsylvania (Mr. BORSKI) and tant pilot project that is included to This Member is also very pleased that con- their entire staffs for taking a step to reform the Corps of Engineers. tingent authorization of the Antelope Creek address the serious issue of reforming Mr. SHUSTER. Mr. Speaker, I am project is included in WRDA 2000. Antelope the Corps of Engineers in this legisla- pleased to yield 1 minute to the distin- Creek runs through the heart of Nebraska's tion. guished gentleman from Nebraska (Mr. capital city of Lincoln. The purpose of the Despite its historic reputation for BEREUTER). project is to solve multi-faceted problems in- professionalism and integrity, the Mr. BEREUTER. Mr. Speaker, I rise volving the flood control and drainage prob- Corps of Engineers is at present an em- in strong support of this legislation. lems in Antelope Creek as well as existing battled agency. Frequent litigation and I want to thank the gentleman from transportation and safety problems all within investigations into claims that Corps Pennsylvania (Chairman SHUSTER); the the context of broad land use issues. This projects lack sound economic justifica- gentleman from New York (Chairman Member continues to have a strong interest in

VerDate 02-OCT-2000 00:55 Oct 20, 2000 Jkt 089060 PO 00000 Frm 00067 Fmt 4634 Sfmt 9920 E:\CR\FM\K19OC7.020 pfrm01 PsN: H19PT1 H10356 CONGRESSIONAL RECORD — HOUSE October 19, 2000 this project since he was responsible for stim- lined habitat needs. Under this study, acreage But I rise to again extend com- ulating the city of Lincoln, the Lower Platte goals for each state were listed and these pliments for the fact that this com- South Natural Resources District, and the Uni- goals are generally considered to be an acre- mittee chose to take and include the versity of Nebraska-Lincoln to work jointly and age limitation for each state. Nebraska and authorization on a very important cooperatively with the Army Corps of Engi- Kansas have already reached their acreage piece of legislation that is impacting neers to identify an effective flood control sys- limits and Missouri is fast approaching its ceil- not just the area which I am privileged tem for Antelope Creek in the downtown area ing. Before long, Iowa will also reach its acre- to represent in Los Angeles, but in fact of Lincoln. age limit. the entire country. In the middle part Antelope Creek, which was originally a To correct this problem, the WRDA legisla- of the last decade, the discovery of per- small meandering stream, became a straight- tion enacted last year authorized provisions chlorate in the groundwater was some- ened urban drainage channel as Lincoln grew initiated by this Member to increase mitigation thing that came to the forefront in and urbanized. Resulting erosion has deep- lands in the four states of 25% of the lands Southern California. Mr. Speaker, this ened and widened the channel and created an lost, or 118,650 acres. In addition, the Corps came from the fact that during the unstable situation. A ten-foot-by-twenty-foot of EngineersÐin conjunction with the four 1950s and 1960s, during the Cold War (height and width) closed underground conduit statesÐwas directed to study the amount of buildup, that companies were in fact that was constructed between 1911 and 1916 funds that would need to be authorized to disposing of spent rocket fuel, legally, now requires significant maintenance and achieve that acreage goal. I should underscore. major rehabilitation. A dangerous flood threat The study has been completed and it ap- Well, since that time, some of the to adjacent public and private facilities exists. pears that cost estimates for restoring the companies that were involved in that The goals of the project are to construct a acreage authorized in last year's WRDA will buildup during the Cold War are still in flood overflow conveyance channel which amount to more than $700 million over the existence, but many of them are not in would narrow the flood plain from up to seven next 30±35 years. This Member greatly appre- existence. I believe that those compa- blocks wide to the 150-foot wide channel. The ciates the inclusion of an increased authoriza- nies that are responsible, obviously, project will include trails and bridges and im- tion level of funding for the Missouri River Miti- should shoulder the burden of this. But prove bikeway and pedestrian systems. gation Project of $20,000,000 for each fiscal we obviously have potential legal prob- Another Nebraska project was included on year from FY2001 through FY2010. lems, and this could be drawn out in the contingent authorization list is for Western This increase would allow the project to bet- the courts for many, many years. Dur- Sarpy and Clear Creek for flood damage re- ter balance the needs of nature, recreation ing that period of time, perchlorate duction. Frankly, this Member must say he and navigation. It will also benefit communities will continues to seep into the ground- has substantial reservations about the Clear preparing for the bicentennial of the Lewis and water. Creek project in light of concerns expressed Clark Expedition beginning in 2003. Until fund- That is why this legislation is so im- by constituents in adjacent Saunders County ing authorization is increased, the Corps and portant to move forward, because and the lack of enthusiasm by relevant State the states cannot finalize plans to add habitat cleaning up the groundwater that has officials. This Member reserves judgment restoration, identify and prioritize sites for res- the potential of impacting 7 million whether the benefits outweigh costs and dis- toration, respond to willing sellers, or engage people in Southern California, but also location of property owners in the area. in construction or maintenance activities. It is trying to figure out how we will effec- important to note that many frequently flooded This Member is pleased that at least part of tively address this in the future and for landowners along the Missouri River have the language regarding the Missouri River Val- other parts of country, is an important asked the Corps to buy their land to avoid an- ley Improvement Act that he originally pre- part of this measure. pared to be offered as an amendment during nual flood losses. However, in most years, the So I again compliment my colleagues Subcommittee consideration of WRDA is in- Corps has had insufficient funds to meet the for their vision and for including this cluded in today's bill. Last year's WRDA legis- needs of these struggling landowners. very important measure, and I urge all Finally, the WRDA bill also includes legisla- lation included a provision this Member pro- to vote in favor of this very important tive language initiated by this Member to au- moted which helps to ensure that the Missouri legislation. thorize a pilot program to test the design-build River Mitigation Project can be implemented Mr. SHUSTER. Mr. Speaker, I am method of project delivery on a maximum of as envisioned. In 1986, Congress authorized pleased to yield 3 minutes to the gen- five civil engineering projects. Such a program over $50 million (more than $79 million in to- tleman from South Carolina (Mr. SAN- will provide significant benefits and yield useful day's dollars if adjusted for inflation) to fund FORD). information. Mr. SANFORD. Mr. Speaker, I thank the Missouri River Mitigation Project to restore In closing, Mr. Speaker, this Member urges fish and wildlife habitat that were lost due to his colleagues to support this important bill. In the chairman for yielding me time. Mr. Speaker, I would simply say that the construction of structures to implement the the short time left in the 106th Congress, we no bill is all good or all bad, and we Pick-Sloan plan. At that time the Corps did not must work to ensure WRDA becomes law this have certainly heard about the at- choose to include funding requests for imple- year. menting that Act in their budgeting process. Mr. SHUSTER. Mr. Speaker, I am tributes of this bill. But I come down That is why this Member, with assistance from pleased to yield 2 minutes to the gen- on the side of this being a bad bill, for other Members who represent the four states tleman from California (Mr. DREIER), the simple reason that if you care bordering the channelized Missouri River (Ne- distinguished chairman of the Com- about Corps reform, or if you care braska, Iowa, Kansas and Missouri), has mittee on Rules. about reform to the agencies basically taken the lead in providing funding to imple- Mr. DREIER. Mr. Speaker, I thank underlying this bill, this bill is a very ment the Missouri River Mitigation Project my friend for yielding. I should state bad bill. which has just begun to become a reality dur- for the record that he was willing to I say that, first of all, if you look at ing the last few years. offer me 1 minute during this debate, the bill itself, we have in place a some- This project is specifically needed to restore until I told him I was going to extend what bizarre process, and that is for fish and wildlife habitat lost due to the Feder- compliments to him, and that is how I weeks now we have been sort of in the ally sponsored channelization and stabilization got the 2 minutes of time here. military mode of ‘‘hurry up and wait’’ projects of the Pick-Sloan era. The islands, Mr. Speaker, I would like to say how and ‘‘hurry up and wait’’ as we have wetlands, and flat floodplains that are needed much I appreciate the great work of been waiting for conference reports. to support the wildlife and waterfowl that once the chairman of the committee, the Yet, when this bill comes along, it ba- lived along the river are dramatically reduced. chairman of the subcommittee and, of sically speeds through the process with An estimated 475,000 acres of habitat in Iowa, course, the ranking members of both a closed rule, despite the fact it has not Nebraska, Missouri and Kansas have been the full committee and the sub- been marked up in committee, and the lost because of Federal action in creating the committee on this issue. As we look at question is why? Why does this speed flood control projects and channelization of the the wide range of issues that have been through this way? Why do we not deal Missouri River. Today's fishery resources are discussed over the last few minutes, re- with reform right now? I think the an- estimated to be only one-fifth of those which form of the Corps, this important work swer, very clearly, is in the way that existed in pre-development days. in the Everglades, I am even more en- this bill has spiralled out of control. It The success of the project has resulted in a thusiastic in my support of this legisla- spiralled from basically being a $2 bil- concern related to the original study that out- tion. lion bill to a $6 billion bill.

VerDate 02-OCT-2000 00:55 Oct 20, 2000 Jkt 089060 PO 00000 Frm 00068 Fmt 4634 Sfmt 0634 E:\CR\FM\A19OC7.014 pfrm01 PsN: H19PT1 October 19, 2000 CONGRESSIONAL RECORD — HOUSE H10357 To me, this bill is similarly nothing Wisconsin (Mr. KIND) with respect to cies. I thought this had been worked more than a feeding frenzy. Sharks are the scientific modeling that is nec- out and, unfortunately, that memo- supposedly the ones that feed; but this essary with respect to the Upper Mis- randum of agreement is now treated as is a piggy feeding frenzy, when I think sissippi. We certainly need to better if it is irrelevant. about this bill. understand our rivers and ensure that Mr. SHUSTER. Mr. Speaker, I yield I will give an example of that. There as we proceed with projects and initia- myself such time as I may consume. is a long list of projects that I have tives that affect these rivers, we imple- Mr. Speaker, I want to tell the gen- here on several sheets. But an example ment policies and the Corps imple- tleman from Minnesota (Mr. MINGE) of one would be a $15 million naviga- ments legislation in a way that is bene- that I certainly want to work with him tion project in False Pass Harbor, Alas- ficial in the long term. We do have as well. ka, that would serve a grand total of 86 major proposals that are facing us here Mr. Speaker, I yield 3 minutes to the boats; $15 million for 86 boats. in Congress with respect to the Upper distinguished gentleman from Cali- The other thing that I think is wrong Mississippi lock and dam system. fornia (Mr. OSE). with this bill from the standpoint of re- The topic that I would like to address Mr. OSE. Mr. Speaker, I thank the form is that it is dessert before dinner. for the balance of my time has to do gentleman from Pennsylvania (Chair- Consistently in the legislative process with the Corps’ administration of sec- man SHUSTER) for yielding me the what we try and do is couple good with tion 404 of the Clean Water Act. I rec- time. bad; and if we can get enough of that ognize that it is not in this bill, but I Mr. Speaker, I rise to thank the gen- together, we send the bill forward, be- hope that before long we are able to tleman from Pennsylvania for his lead- cause reform is hard. Passing appro- take this up and modernize the work of ership in bringing this bill to the floor priations, passing $6 billion worth of our Federal agencies. and the hard work put in by the gen- spending in terms of authorization, is One of the most embarrassing experi- tleman and his staff to include the very easy; but we need to couple that ences that I have had as a Member of many projects needed to provide crit- with reform. That is not done in this Congress occurred last summer when I ical flood control for so many. bill. hosted a meeting between the Natural Mr. Speaker, the Sacramento Area There have been a number of very in- Resources and Conservation Service Flood Control Agency has been work- teresting articles within the Wash- and the Army Corps of Engineers at a ing with the Army Corps of Engineers ington Post talking about how the location within my congressional dis- to implement the historic flood control Corps of Engineers desperately needs to trict to explore ways that we could bet- project for the Sacramento region be reformed, and we basically skip ter cooperate so that we could admin- known as the Common Elements. The that, talking about how there is, for ister Federal programs in a coordi- Common Elements Project was author- lack of a better term, waste, fraud and nated way, rather than having an ad- ized in the Water Resources Develop- abuse in the Corps, and how the Corps versarial relationship between two ment Act of 1999, and I thank the gen- has become something akin to or noth- Federal agencies. tleman for his work on that bill as I found, to my amazement and my ing more than a ‘‘water boy’’ for the well. embarrassment, that the Army Corps U.S. Congress. Unfortunately, recent analysis of the This bill had in it the chance to deal of Engineers in particular was cavalier geology along the East Levee of the with the Corps, and, unfortunately, it and was hostile to the concept of try- Sacramento River has shown an ex- does not. I would give an example of ing to work with another agency. This, tremely porous condition exists. This in my opinion, is unacceptable; and it this. Right now if you look at the ben- condition can lead to seepage under the is unbecoming to the Federal Govern- efit-to-cost ratio with Corps projects, levee which will degrade the levee ment, to have a clash of agencies and a it is simply one-to-one. If you pass that foundation and weaken the levee’s lack of interest in trying to identify a threshold, it is something that can be structural integrity. way to work this clash out. In order to compensate for this seri- authorized. To me, that does not make Mr. Speaker, whether this problem ous problem, the Corps of Engineers sense, because what that means fun- occurs at the national level or at the will need to significantly alter the de- damentally is if you put $10 into a St. Paul office of the Army Corps of sign and construction along this por- project, you will get $10 back out. You Engineers, I do not know; but I believe tion of the East Levee than was origi- may get more. That is the minimum it is absolutely critical that we get to nally anticipated, thus leading to sig- threshold. That is the minimum the bottom of it, and that we end this nificantly higher costs than authorized threshold, one-to-one. type of bickering between Federal What that means to the United in WRDA in 1999. agencies. I understand the reluctance of the States taxpayer is he gets no return on We have hundreds of farmers that are gentleman from Pennsylvania (Chair- his investment on a one-to-one ratio. It being told, ‘‘Our agency has decided man SHUSTER) to increase the author- may be good, if it is in South Carolina, this. We have another agency, and we ized spending levels by $80 million. if it is in Alaska, if it is in California, do not know what they will do or when This is a significant cost increase, and for the Congressman or the Senator in they will do it.’’ This is what leads to Congress is entitled to have specific in- that local district or in that local cries for an abolition, whether it is of formation that justifies such a large State; but it is not at all good for the the Corps or a variety of other pro- additional expenditure. While this ad- United States taxpayer as a whole. grams. If you look on the back of any penny, I would like to simply ask my col- ditional cost may very well be justi- what you see are the words ‘‘E Pluribus leagues, the Chair of the committee fied, the information given to date by Unum,’’ from the many, one. This bill, and the ranking member, if we could both the Sacramento Area Flood Con- unfortunately, does not incorporate work together in the next year to try trol Agency and the Corps of Engineers that. to identify a way to solve this type of to Congress is very minimal, and it did Mr. OBERSTAR. Mr. Speaker, I yield problem. not come until the committee was al- 2 minutes 40 seconds to the very distin- Mr. OBERSTAR. Mr. Speaker, I yield most ready to bring the bill to the guished gentleman from Minnesota myself 10 seconds to say it is a matter floor. (Mr. MINGE). of concern to me that the gentleman In fact, the Corps of Engineers Sac- Mr. MINGE. Mr. Speaker, I would brings this matter to the floor. Cer- ramento District did not release the in- like to thank the ranking member for tainly that should not have occurred, creased cost estimate until August 16 yielding me time. I would also like to and we will work with the gentleman of this year. The report makes no men- expression my appreciation to the in the future to address that matter tion of how the money would be spent, members of the committee and the and bring about comity between the nor does it give any specifics on the chairman and the ranking member for Corps and sister Federal agencies. necessary changes. I look forward to their work on this and other legisla- working with the gentleman from b tion. 1115 Pennsylvania (Chairman SHUSTER) on I would like to associate myself with Yes, we did have a memorandum of getting more specific information and the remarks of the gentleman from agreement earlier between these agen- accountability from the Sacramento

VerDate 02-OCT-2000 00:55 Oct 20, 2000 Jkt 089060 PO 00000 Frm 00069 Fmt 4634 Sfmt 0634 E:\CR\FM\K19OC7.024 pfrm01 PsN: H19PT1 H10358 CONGRESSIONAL RECORD — HOUSE October 19, 2000 Area Flood Control Agency and the ernor Jeb Bush and his one Florida and ask, along with the gentleman Corps of Engineers Sacramento Divi- plan, we have gotten rid of affirmative from Arkansas (Mr. BERRY), for the sion office on how this money will be action, so there will not be opportuni- gentleman’s consideration of including spent before Congress approves the in- ties to participate in this project with authorizing language for the Delta Re- creased costs. I thank the gentleman taxpayers’ dollars unless the policy is gional Authority as WRDA 2000 moves for his consideration and cooperation. stated from the Federal Government towards a conference committee with Mr. SHUSTER. Mr. Speaker, will the status. the Senate. gentleman yield? This is very important. This is tax- As the gentleman knows, the Mis- Mr. OSE. I yield to the gentleman payers’ money. This project is over 20 sissippi Delta is home to remarkable from Pennsylvania. years, and we must have a public pol- history, culture and natural resources, Mr. SHUSTER. Mr. Speaker, I would icy statement in this bill as to how and I am sure proud to represent the say to the gentleman he certainly is these taxpayers’ dollars are going to be wonderful people of this region; how- correct that we have had little time to used. ever, our Delta communities have not review this proposal. Indeed, we still do Mr. OBERSTAR. Mr. Speaker, I yield shared in America’s prospering econ- not have enough information to make 2 minutes to the distinguished gen- omy of the last few years and have his- a sound judgment on it; and hopefully tleman from Arkansas (Mr. BERRY). torically faced unique economic chal- over the coming days, the local sponsor Mr. BERRY. Mr. Speaker, I want to lenges. and the Corps will provide additional thank the gentleman from Minnesota Mr. SHUSTER. Mr. Speaker, I yield 2 information which will be helpful in (Mr. OBERSTAR), our distinguished minutes to the gentlewoman from Mis- evaluating the proposal. ranking member, and the gentleman souri (Mrs. EMERSON). I certainly agree that we should take from Pennsylvania (Mr. SHUSTER), our Mrs. EMERSON. Mr. Speaker, the every reasonable action to assure that distinguished chairman, not only for gentleman from Arkansas (Mr. BERRY) the water resources needs of the area their leadership in this matter but all has led a bipartisan effort to establish are addressed. other matters that come before the the Delta Regional Authority and Mr. OBERSTAR. Mr. Speaker, will Committee on Transportation and In- refocus our efforts on promoting jobs the gentleman yield? frastructure and the great job that and economic development in the re- Mr. OSE. I yield to the gentleman they do. gion. His bipartisan proposal is con- from Minnesota. Mr. Speaker, I rise to engage the gen- tained in H.R. 2911 and is supported by 21 Republicans and Democrats in the Mr. OBERSTAR. Mr. Speaker, I con- tleman from Pennsylvania (Mr. SHU- region, including our colleagues, the cur in the gentleman’s concern. I make STER), as well as the gentlewoman from gentleman from Arkansas (Mr. DICKEY) many visits to the Sacramento area to Missouri (Mrs. EMERSON) for the pur- and the gentleman from Missouri (Mr. see my family there, my son and pose of a colloquy. I also rise to ask for GEPHARDT), among others. daughter-in-law. the gentleman’s consideration in in- Mr. OSE. The gentleman is always As WRDA 2000 continues through the cluding the authorization language in legislative process, I hope the gen- welcome. this legislation to benefit the lower Mr. OBERSTAR. Mr. Speaker, I have tleman will consider including the ur- Mississippi valley region. gently needed authorizing language for bicycled over those levies and talked to As the gentleman may know, I have the orchardmen on the other side, who the Delta Regional Authority. introduced bipartisan legislation, H.R. Mr. OBERSTAR. Mr. Speaker, I yield can testify to the seepage under those 2911, that would create the Delta Re- myself such time as I may consume. levies, and that is a matter that we gional Authority, an economic develop- Mr. Speaker, I, of course, have great- need to address and the Corps should be ment tool similar to the Appalachian ly sympathized with the concerns of working on. And I concur in the gentle- Regional Authority. the Mississippi Delta Region counties man’s concern and look forward to Mr. Speaker, I am pleased to call the and the area’s Members of Congress working with him on this matter. Arkansas portion of the Delta my who are working on ways to address Mr. OSE. Mr. Speaker, reclaiming my home, but the Delta region consist- the economic distress this area has ex- time, I would tell the gentleman from ently ranks as one of the poorest and perienced far beyond that of Appa- Minnesota he is always welcome in most underdeveloped areas in the coun- lachia. Sacramento. try. President Clinton, while he was Gov- Mr. OBERSTAR. There is great bicy- This legislation would provide funds ernor of Arkansas, served as chair of cling out there. and resources specifically to this re- the Lower Mississippi Development Mr. Speaker, I yield 2 minutes to the gion. Commission to study the needs of the gentlewoman from Florida (Ms. Due to the efforts of the representa- economically distressed area. There BROWN), our distinguished colleague on tives of this region, we have been fortu- are some ways that we can help estab- the Committee on Transportation. nate to receive $20 million in energy lish the Mississippi Delta Commission Ms. BROWN of Florida. Mr. Speaker, and water development appropriations. in the course of further work on this first of all, I want to thank very much We simply wish to include the nec- WRDA legislation as it moves through the gentleman from Pennsylvania (Mr. essary authorization language in this conference. SHUSTER) and the gentleman from Min- bill so we may begin to provide sub- I know that the gentleman from nesota (Mr. OBERSTAR) for bringing stantial assistance to the Delta region. Pennsylvania (Chairman SHUSTER) is this bill to the floor. As the bill before the House today, sympathetic and I certainly am and we The Everglades project is very impor- WRDA 2000, continues through the leg- will see what we can do. tant to the State of Florida and, in islative process, I hope the gentleman Mr. SHUSTER. Mr. Speaker, will the fact, to the entire country. But I do from Pennsylvania (Mr. SHUSTER) will gentleman yield? have a concern, and I thank the gen- consider including the authorizing lan- Mr. OBERSTAR. I yield to the gen- tleman from Minnesota (Mr. OBERSTAR) guage for the Delta Regional Authority tleman from Pennsylvania. for working with me on my concerns. in this bill. Mr. SHUSTER. Mr. Speaker, I would This is the largest project in the his- Mrs. EMERSON. Mr. Speaker, will say to the gentlewoman from Missouri tory of the United States, and it is im- the gentleman yield? (Mrs. EMERSON) that representing part portant that this project is one of in- Mr. BERRY. I yield to the gentle- of Appalachia myself in Pennsylvania, clusion and that there is minority and woman from Missouri. I sometimes feel as if I know more female participation, not only in con- Mrs. EMERSON. Mr. Speaker, I want about the need for economic develop- tracting, but in employment and in to thank the gentleman from Arkansas ment and the problems with lack of training. So I am very concerned that for his yielding to me. economic development than I wish I we have a policy statement, the same Mr. Speaker, I want to thank the knew. It is a terrible problem, and so I kind of policy statement that we had gentleman from Pennsylvania (Chair- want to be very helpful as we move for- when we did the transportation TEA21. man SHUSTER) for the hard work and ward. I hope we can do something. Florida does not have a great history leadership the gentleman has provided Mr. OBERSTAR. Mr. Speaker, I yield of inclusion and, in fact, with our Gov- on this important piece of legislation myself such time as I may consume.

VerDate 02-OCT-2000 02:38 Oct 20, 2000 Jkt 089060 PO 00000 Frm 00070 Fmt 4634 Sfmt 0634 E:\CR\FM\K19OC7.075 pfrm01 PsN: H19PT1 October 19, 2000 CONGRESSIONAL RECORD — HOUSE H10359 Mr. Speaker, we have no further the skin of the mountains is healthy the millions of Americans who do care speakers, but I will close for our side. again; blessings on Uncle Sam’s sol- about the environment, and leading Mr. Speaker, it has been widely re- diers, as they have done the job well, that in this House, of course, we have ported that the issue or one of the and every pine tree is waving its arms our great chairman, the gentleman issues certainly that delayed this bill for joy.’’ from Pennsylvania (Mr. SHUSTER). from floor consideration was the appli- b 1130 I had the privilege of working with cability of the Davis-Bacon Act to the the gentleman from Minnesota (Mr. non-Federal contributions to Corps Another great American said, ‘‘The OBERSTAR) both in the Committee on projects. It has always been my belief military engineers are taking upon Transportation and Infrastructure and and experience that Davis-Bacon ap- their shoulders the job of making the the Committee on Public Works; and plies to all aspects of Federal public Mississippi River over again, a job the gentleman from Pennsylvania (Mr. works projects, regardless of whether transcended in size only by the original BORSKI), the gentleman from New York the Corps is doing the work, or a non- job of creating it.’’ That was Mark (Mr. BOEHLERT), who I think thinks he Federal sponsor is contributing to the Twain. is representing Florida for the great work. These are Federal public works Together, those statements say a lot work he has done for the restoration of projects. Davis-Bacon should apply. about the Corps of Engineers and pay the Everglades. Of course, we have The Corps was not consistently ap- tribute to its work, to its legacy for all many of the gentleman’s New Yorkers plying Davis-Bacon wage protections Americans: protecting people, pro- in Florida, so I am sure that has been to the non-Federal contribution for tecting cities against flood, enhancing a great effort of his. Corps projects, and I was prepared to river navigation, America’s most effi- Also, thanks to the gentlemen from offer legislative language to remedy cient means of transportation of goods; Florida (Chairman YOUNG) and the the situation. Such action is not nec- and, for me, protection of the Great ranking member, the gentleman from essary now that the Corps, the Depart- Lakes, one-fifth of all the fresh water California (Mr. MILLER), for the work ment of the Army, the Department of on the entire face of the Earth. they have done in their committees Labor and the White House itself got The Corps of Engineers deserves rec- with regard to the Everglades. together, reviewed the matter in a ognition, which it does not sufficiently Secretary Babbitt, whose name has meeting in my office and have come to receive, for all of these works and the been missing from this debate, he I an agreement that Davis-Bacon does great contribution it makes to the eco- think has given us an extraordinary apply. nomic well-being, to the environmental amount of attention in the Everglades, The wage provisions apply to non- enhancement of this country. and his name should certainly be ref- Federal contributions to Corps of Engi- Finally, Mr. Speaker, I would like to erenced in our discussion. neer projects and an appropriate state- mention that there is a provision in And in the other body we have our ment of policy on this matter is being here that names a unit of the Boundary two great Senators from Florida, Sen- formulated to make this matter very Waters Canoe Area Wilderness in my ator CONNIE MACK, who we are going to clear. district as the Bruce F. Vento Unit of miss after this year, and Senator BOB Mr. Speaker, the Corps of Engineers the Boundary Waters Canoe Area Wil- GRAHAM, who has really gotten deeply even in some debate here on the floor, derness. involved in matters pertaining to the but also in news accounts widely dis- Bruce Vento understood the great Everglades. tributed across the country has come oration of Chief Seattle at the signing This has truly been a great moment under assault. I would like to pay trib- of the treaty of 1854 when he said, ‘‘The of great bipartisan effort. I think the ute to the Corps of Engineers as they Earth does not belong to man, man be- gentleman from Minnesota (Mr. OBER- celebrate their 225th anniversary. Dur- longs to the Earth.’’ Bruce Vento dedi- STAR) may have stated it best in his ing that 21⁄4 centuries, it has estab- cated his career to man’s responsibility closing remarks when he said that the lished itself as the Nation’s oldest, to the earth, to environmental protec- Earth does not belong to man, that largest, most experienced government tion. Cicero, the great Roman orator man belongs to the Earth. This is cer- organization in water and related land and Senator said, ‘‘Gratitude is not tainly a recognition. engineering matters, extraordinary, only the greatest virtue, it is the par- Many roads are paved with great in- competent, life-saving, economic-de- ent of all others.’’ In gratitude for tentions that go in the wrong direc- velopment enhancing service has been Bruce Vento’s service to the enhance- tion. This certainly is the case and has provided to this country and its people ment of our environment, I am very been the case with regard to the eco- by the Corps of Engineers during these pleased that we are able to include this system of south Florida. Starting from 21⁄4 centuries. provision in this legislation. just south of Orlando and going south Few people know that the Corps of Mr. SHUSTER. Mr. Speaker, I yield to Lake Okeechobee, many years ago it Engineers once had jurisdiction over myself such time as I may consume. was thought to be a great idea to get Yellowstone Park and over Yosemite Mr. Speaker, this indeed is historic rid of the flooding, straighten the Kis- and Sequoia National Parks, until the environmental legislation, not only be- simmee River, and have it dump di- National Park Service was established cause it provides for water resource rectly into Lake Okeechobee. in 1916. Lieutenant Dan Kingman of the protection and development through- It worked, but it worked too well, be- Corps in 1883, and later Kingman would out these United States, but most par- cause it brought all of the agricultural become the Chief of Engineers, wrote ticularly because this is the largest runoff down into the bottom, which has of the corps’ work on Yellowstone, ecosystem restoration project in the really changed the very nature of Lake quote, ‘‘The plan of development which history of the world. Okeechobee. Some of the oldtimers I have submitted is given upon the sup- Mr. Speaker, I am pleased to yield down there will tell us that in the old position and in the earnest hope that it the balance of my time to the gen- days we could read the date off of a will preserve as nearly as may be as tleman from Florida (Mr. SHAW), who dime that was laying on the bottom of the hand of nature left it, a source of deserves so much credit for that, along Lake Okeechobee. Now we cannot find pleasure to all who visit and a source with so many others around the coun- the dime. It has changed considerably. of wealth to none.’’ try. But we are addressing that issue, and A few years later, John Muir, the (Mr. SHAW asked and was given per- thanks to this great committee that founder of the Sierra Club said, quote, mission to revise and extend his re- this bill is coming out of, that restora- ‘‘The best service in forest protection, marks.) tion project is underway. almost the only efficient service, is Mr. SHAW. Mr. Speaker, I thank the Now it is time to change the nature that rendered by the military. For gentleman for yielding time to me, and of the rest of the sheet flow, the runoff many years, they have guarded the I thank the chairman for giving me that runs south over that great river of great Yellowstone Park, and now they this privilege of being able to close de- grass. It was once thought that this are guarding Yosemite. They found it a bate. ecosystem was indestructible, that we desert, as far as underbrush, grass and Mr. Speaker, we here in this Chamber could do anything and get away with flowers are concerned. But in 2 years, are only the voices speaking out for it. Mother Nature had different ideas.

VerDate 02-OCT-2000 03:43 Oct 20, 2000 Jkt 089060 PO 00000 Frm 00071 Fmt 4634 Sfmt 0634 E:\CR\FM\K19OC7.030 pfrm01 PsN: H19PT1 H10360 CONGRESSIONAL RECORD — HOUSE October 19, 2000 We cannot. The very water that now enactment of a Comprehensive Everglades The CERP will restore more than 1.7 billion shoots down in by ways of canals into Restoration Plan, as outlined by the Com- gallons of freshwater per day to the natural the Florida Bay has greatly changed prehensive Review Study undertaken by the system, which is currently lost to sea via the the salinity of the Florida Bay itself. Central & Southern Florida Project, led by the St. John and Caloosahatchee rivers. Flood The natural grasses that grew on the U.S. Corps of Engineers and the South Florida control projects constructed by the Corps of floor of Florida Bay have been dam- Water Management District. (A list of partici- Engineers in the 1940s destroyed the original aged because of the salinity and how it pating organizations is submitted herein for freshwater sheet flow through the natural sys- varies. the RECORD, with much applause for their tem, and more than 50% of the original eco- There are many other things that work.) system has been lost. This plan will restore need to be studied, but we have a great That is why our underlying Everglades res- the Everglades to almost 80% of its original blueprint. That blueprint is the Ever- toration bill, H.R. 5121 and S. 2796/2797, as condition. glades to be restored before man modified by today's manager's amendment In its natural state, the Everglades covered changed it. We need to go back as close and the stellar work undertaken in the other over 18,000 square miles and was connected as we can. Chamber, has been endorsed by numerous by the flow of water from the Lake Okee- But when we see the great coopera- organizations, from environmental groups to chobee through the vast freshwater marshes tion that we have received not only agricultural groups to home builders and other to Florida Bay and on to the coral reefs of the from this body, but we have to go to businesses, to utility districts and other local Florida Keys. my own State of Florida and talk governmental bodies, to recreational users The Everglades is the largest remaining about my Florida legislature that has and Native American Indian tribes. (A list of tropical and subtropical wilderness remaining stood up, stepped up to the plate and organizations supporting the legislation is also in the United States. Its wonders include has put the money up, the matching submitted for the RECORD.) unique habitats of sawgrass prairies, tree is- funds required in order to make this This legislation is as much about a process lands, estuaries and the vast waters of Florida happen; and all of the interests in- to make future decisions affecting the ecology Bay. volved, the agricultural interests that of South Florida as it is about specific projects The lands owned and managed by the Fed- wanted to go one way, the environ- authorized by this bill. I am pleased that Mem- eral governmentÐ4 national parks and 16 na- mental interests that wanted to go the bers from other parts of the country have re- tional wildlife refugees and 1 national marine other way, the developers, the spected our State's right to determine what is sanctuary which comprise half of the remain- Miccosukee and Seminole Indian correct within the context of our own State ing EvergladesÐwill receive the benefits of tribes, we had a coming together that water laws. While recognizing that Florida has the restoration. was absolutely incredible. It was al- come to the table as a full and equal partner But this legislation is designed to restore the most a magic moment. in this restoration effort, for the good of all entire ecosystem of the Everglades, not just It is very important on this bill that Americans. the national parks and federally owned lands. we not only vote it in today by the The State of Florida has already taken the This should be of comfort to those who enjoy great bipartisan vote that I am con- extraordinary step of putting up 50 percent of the recreational benefits of such wilderness fident of, but that we conference it the up-front construction costs, which Gov- areas, as well as those living in communities promptly and get it passed into law ernor Jeb Bush has shepherded through the on the periphery of the Everglades who are af- and get it to the President’s desk for State legislature as a commitment in anticipa- fected by the water flows of the system. I have signature. This is tremendously impor- tion of the federal response. We at the federal heard from local property owners, sportsmen's tant because of that fragile balance level can no longer delay answering the call. chapters, airboat associations and Safari Club that we have, the fragile balance of I thank Chairmen BUD SHUSTER, DON chapters and understand how important this is State and all of the interests that I YOUNG, and SHERRY BOEHLERT, along with the to to them. have mentioned. Ranking Members OBERSTAR, MILLER, and The compelling Federal interest has been I can tell the Members, this is really BORSKI, my Florida colleagues and co-spon- matched by the State of Florida, which has al- a wonderful, wonderful moment in this sors from other states for their leadership and ready stepped up and committed $2 billion to institution and in the history of the support of doing the right thing. the effort. Florida's Fish & Wildlife Agency will country. It is not just a Florida issue. Citizens from all over the country under- maintain its strong role. Congress needs to re- I would like to say, and I would want stand that this is not a local issue affecting spond to that pledge. to absolutely recognize the greatness only South FloridaÐalthough not simply be- Finally, there are additional opportunities for of our Florida delegation in working cause our state boasts tourists and future resi- community involvement contemplated or even together, with interest in north Flor- dents from all 50 states and many foreign called for by this legislation. One area is in the ida as well as south Florida, in bring- countries. scientific verification procedures. Our Ever- ing together what is going to happen What is good for the environment is good glades legislation includes a provision for inde- here in just a minute or so; that is, the for us all, and with a vote to pass Everglades passage of this great bill. restoration in the House, we can truly lay pendent scientific review, contemplating that Mr. Speaker, this Congress, this 106th claim to a legacy for the 106th Congress: the National Academy of Sciences or some Congress, it can look back and say that We will have worked in bipartisan, bicameral other qualified body or bodies will convene a we put forth the greatest, largest envi- fashion to deliver a huge victory for the Amer- panel to review the Plan's progress towards ronmental restoration project in the ican people and a huge victory for the environ- achieving the stated natural restoration goals. history of this globe. It is a wonderful ment, with the largest and most significant en- I believe it is appropriate to point out that, in moment for this institution. It is a vironmental restoration project in the history of South Florida, we have a number of institu- wonderful moment for our country. I the United States, if not the history of the tions that could contribute significantly to such urge a yes vote. world. scientific research because of their dem- Mr. Speaker, it is remarkable to have this Let me discuss a little about the Everglades. onstrated competency in such areas. broad a cross-section of Americans supporting There is no other ecosystem like it anywhere For example, Florida international Univer- legislation on any single issue. But protection in the world. It is home to 68 individual endan- sity, one of the leading research universities in of the Everglades is a national priority, be- gered or threatened species of plants and ani- my State, has done a remarkable job in fos- cause most Americans speak of this national mals, which are threatened with extinction un- tering an ecosystem approach to meeting the treasure in the same breath as the Redwood less we act. The Everglades has also been challenges created by population growth in Forests, the Mississippi River, Old Faithful, the shown to play a significant role in global one of the most environmentally sensitive re- Appalachian Trail, or the Grand Canyon. weather patterns. gions on EarthÐthe greater Everglades eco- Most Americans also understand the basic Several years of research by state and fed- system. Spearheading this effort is the South- concepts of clean water and the delicate bal- eral scientists, private environmental and agri- east Environmental Research Center (FIU± ance that nature requires. Everglades restora- cultural experts and the Corps of Engineers SERC) with its experienced scientific staff and tion is about restoring the balance that was produced the Comprehensive Everglades Res- established network of collaboration with uni- disturbed by man-made structures as we pur- toration Plan (CERP), which includes 68 indi- versity, federal, state, local, and private orga- sued the noble goal of flood protection in dec- vidual projects to be completed by the Corps nizations. FIU±SERC has extensive expertise ades past. of Engineers over the next 36 years. The total in conducting monitoring assessments for the That is why so many diverse interests have cost of the plan is $7.8 billion, to be shared Everglades that can contribute to the Adaptive come together, in historic fashion, to support 50/50 with the state of Florida. Monitoring and Assessment Program in

VerDate 02-OCT-2000 02:38 Oct 20, 2000 Jkt 089060 PO 00000 Frm 00072 Fmt 4634 Sfmt 9920 E:\CR\FM\K19OC7.052 pfrm01 PsN: H19PT1 October 19, 2000 CONGRESSIONAL RECORD — HOUSE H10361 WRDA. The Corps of Engineers can greatly Palm Beach County Water Utilities. As many of my colleagues have already benefit from utilizing FIU±SERC's existing re- Academic Institutions: stated during this debate, the Everglades pro- Florida International University; sources to conduct future monitoring activities University of Miami; visions represent a major step toward restora- in the Everglades. University of Tennessee. tion of this unique ecosystem. As Chairman of In addition, the Museum of Discovery and SUPPORTERS OF THE EVERGLADES RESTORATION the Interior Appropriations Subcommittee, I Science in Fort Lauderdale, Florida, is unique- BILL have become involved in this restoration effort, ly situated to provide an interpretive site to The Clinton-Gore Administration as it directly impacts the natural areas in fed- carry out public outreach and educational op- Governor Jeb Bush eral ownership including Everglades National portunities pertaining to the restoration of the Seminole Tribe of Florida Park, Big Cypress Natural Preserve and sev- Everglades. In August, 1999, the Museum Miccosukee Tribe of Indians eral national wildlife refuges. Their future and signed an agreement with the South Florida National Audubon Society that of the numerous species who make the Ecosystem Restoration Task Force to provide National Wildlife Federation Everglades their home, depend upon the suc- Florida Wildlife Federation public education outreach in conjunction with World Wildlife Fund cess of this effort. Only if the Corps of Engi- the restoration effort. The Museum has a 25- Center for Marine Conservation neers carried out the restoration initiative prop- year history of providing environmental Defenders of Wildlife erly will they survive. science education to the public in innovative National Parks and Conservation Associa- I commend the Chairman of the House ways. It currently hosts more than 500,000 tion Transportation and Infrastructure Committee visitors annually and plans to build a dynamic, The Everglades Foundation for recognizing that the environment must be interactive facility called the Florida Environ- The Everglades Trust the primary beneficiary of the water made mental Education Center, as well as expand- Audubon of Florida available through the Comprehensive Plan for 1000 Friends of Florida ing its Florida Ecoscapes Exhibition. I hope Natural Resources Defense Council the restoration. The object of the plan is to re- that such activity would be looked upon favor- Environmental Defense store, preserve and protect the natural system ably by the Corps of Engineers in developing Florida Citrus Mutual while also meeting the water supply, flood pro- an interpretive site partnership initiative for Florida Farm Bureau tection and agricultural needs of the region. community outreach and assistance. Florida Home Builders As we make our way through this massive Mr. Speaker, I include the following material American Water Works Association ecosystem restoration, I intend to work with on this legislation: Florida Chamber of Commerce my colleagues on both sides of the aisle to Florida Fruit and Vegetable Association The Central and Southern Florida Project ensure that we remain focused on the restora- Southeastern Florida Utility Council Comprehensive Review Study was led by the tion of the natural areas. I commend the Mem- Gulf Citrus Growers Association US Army Corps of Engineers, Jacksonville Florida Sugar Cane League bers on their bipartisan work in bringing this District and the South Florida Water Man- Florida Water Environmental Utility Coun- legislation to the floor today and urge the sup- agement District, located in West Palm cil port of the House in passing it. Beach, Florida. Many other federal, state, Sugar Cane Growers Cooperative of America Mr. WELLER. Mr. Speaker, I rise today to tribal and local agencies were active part- Florida Fertilizer and Agrichemical Associa- express my strong support for S. 2796, the ners in developing the Comprehensive Plan tion and that partnership will continue through Water Resources development act of 2000. League of Women Voters of Florida the implementation of the Plan. Those agen- This historic legislation will provide funding for League of Women Voters of Dade County cies are listed below. valuable projects across our nation and the Chamber South US Department of the Army: 11th Congressional District of Illinois. US Army Corps of Engineers; Mr. Speaker, I would like to thank and Mr. Speaker, I am very pleased that three Office of the Assistant Secretary of the praise the leadership and hard work of the fol- projects that are very important to my constitu- Army for Civil Works. lowing people, on behalf of those they rep- ents were included in the Water Resources US Department of Agriculture: resented in creating a consensus product, leg- Agricultural Research Service; Development Act of 2000 (WRDA). Legislative Natural Resources Conservation Service. islation to restore the American Everglades, as language was included in the bill which will US Department of the Interior: embodied in this bill: ensure the continuation of valuable work by US Fish and Wildlife Service; Governor Jeb Bush and his staff, especially the Army Corps of Engineers at Ballard's Is- US Geological Survey/Biological Resources Nina Oviedo and Clarke Cooper of the Gov- land in the Illinois River; the Ottawa YMCA will Division; ernor's Washington office, Secretary David have land transferred to it from the Army Everglades National Park; Struhs and Leslie Palmer of the Department of Corps of Engineers for expansion of its facili- Everglades Research and Education Cen- Environmental Protection, and Kathy Copeland ter; ties; and the Joliet Park district will have land Biscayne National Park; of the South Florida Water Management Dis- transferred to it for use as their regional head- Big Cypress National Preserve. trict; quarters. US Department of Commerce: Senator BOB GRAHAM and Catharine Cyr- Ballard's Island is a natural and historic National Oceanic and Atmospheric Admin- Randsom of his staff; treasure located in the Illinois River. However, istration; Senator CONNIE MACK and C.K. Lee of his the side channel around Ballard's Island has National Marine Fisheries Service; staff; become severely clogged with sand and silt National Ocean Service; Mike Strachn and Ben Grumbles of the due to the Army Corps of Engineers erection Office of Oceanic and Atmospheric Re- Transportation & Infrastructure Committee; of a closure structure at the end of the side search. Deputy Assistant Secretary of the Army for US Environmental Protection Agency. channel of Ballard's Island in the 1940s. This Miccosukee Tribe of Indians of Florida. Civil Works Michael Davis; Acting Assistant Secretary Mary Doyle and side channel has since become increasingly Seminole Tribe of Florida. clogged with sand and silt, the problem be- State of Florida: Peter Umhofer of the Department of the Inte- Department of Agriculture and Consumer rior; coming severe over the past three decades. Services; Tom Adams of the Audubon Society; The original depth of the side channel was 19 Department of Environmental Protection; Bob Dawson, representing the coalition of feet but today it has been reduced to two feet, Game and Fresh Water Fish Commission; agriculture, home builders, and utility districts; making the channel completely unusable. This Governors Commission for a Sustainable Mary Barley, Bill Riley, and Fowler West of channel was once a thriving and vibrant South Florida; the Everglades Trust; aquatic ecosystem, but it is now so choked Governor’s Office; with mud and sediment that it no longer sup- South Florida Water Management District. Col. Terry Rice of Florida International Uni- Local Agencies: versity; ports the plants and animals it used to and it Broward County Department of Natural Dexter Lehtinen, The Honorable Jimmy is no longer productive for local citizens. Resource Protection; Hayes, and Lee Forsgren, representing the To solve these problems, the Army Corps is Broward County Office of Environmental Miccosukee Tribe of Indians; and finally, my prepared to begin a Section 1135 Preliminary Services; own staff, especially Donna Boyer, Mike Se- Restoration Plan for solving the river's woes. Lee County Utility Department; well, and Bob Castro. The Illinois Department of Natural Resources Martin County; Mr. REGULA. Mr. Speaker, I rise today in will be the 25% non-federal sponsor for this Miami-Dade Department of Environmental Resource Management; support of S. 2796, the Water Resources De- project. However, the Illinois Department of Miami-Dade Water and Sewer Department; velopment Act of 2000 and would like to em- Natural Resources has already begun work on Palm Beach County Environmental Re- phasize my support specifically for the Ever- removing sediment from the channel through a source Management; glades language contained in it. $250,000 state appropriation. The legislative

VerDate 02-OCT-2000 02:38 Oct 20, 2000 Jkt 089060 PO 00000 Frm 00073 Fmt 4634 Sfmt 9920 E:\CR\FM\A19OC7.025 pfrm01 PsN: H19PT1 H10362 CONGRESSIONAL RECORD — HOUSE October 19, 2000 language included in this bill will ensure that saving generations from inheriting an environ- gates, trails, campsites, and outhouses are the valuable work already begun on the river mental nightmare. Over a million Americans near states of disrepair. Worse, public safety will continue and its habitat and ecosystem re- visit the Everglades system each yearÐenjoy- is at risk if water, sewer, and Americans with stored. This is a victory for the people who live ing the natural wonders of this remarkable Disabilities Act compliance improvements are on and love this river who have watched it spot. Though we should be alarmed that this not addressed. The State is not financially ca- slowly dieÐtheir river will be returned to them. important ecosystem is now half its original pable of meeting the repair and renovation Two other projects in this bill will help the size. But today, we start to reverse that dan- needs without matching federal assistance. people of Ottawa and Joliet, Illinois. The Ot- gerous trend and begin undoing the mistakes In a recent meeting with Assistant Secretary tawa YMCA is an outstanding community or- of the past. I know our children and grand- of the Army for Civil Works, Dr. Joseph ganization which already provides health and children will benefit from a stronger Ever- Westphal, I was assured by Secretary recreational services to hundreds of Illinois glades. Westphal that the Corps is committed to be- Valley families. In fact, because of the growing Mr. DIAZ-BALART. Mr. Speaker, I wish to ginning this cost share agreement as a pilot demand for these services, the Ottawa YMCA echo the sentiments of the gentleman from project. Governor Bill Owens has also com- has launched a capital campaign to raise Florida, Mr. SHAW, about the FIU Southeast mitted the State of Colorado to meeting its fi- funds to expand its current facilities. Environmental Research Center and reinforce nancial obligation for the cost share program. Earlier this year, with construction about to the important contributions that the Center has Unfortunately, the project has not progressed begin on the $1.3 million expansion project, made in the area of monitoring assessments as planned. YMCA officials learned that the U.S. Govern- in the Everglades. I would encourage the As was demonstrated by previous rec- ment was granted an easement in 1933 on Corps of Engineers to explore ways to col- reational facility cost share agreements with the very piece of property intended as the site laborate with FIU±SERC and utilize the Cen- the Bureau of Reclamation, these agreements for the YMCA's expansion project. This ease- ter's expertise in monitoring assessments. are a tremendously efficient way to leverage ment, although never utilized, was intended for SERC has extensive expertise in Everglades federal dollars and to help preserve Colo- use in conjunction with the Army Corps of En- restoration and can provide research and rado's quality of life. In addition, the facilities gineers Illinois Waterway Project. On Sep- monitoring, technical assistance and infra- provided through the cost shares enable the tember 19, 2000 with legislative language pro- structure to support the Corps. FIU±SERC can Corps to meet their legal obligation to provide vided to me by the Rock Island Army Corps also serve to coordinate technology transfer recreation on these three reservoirs. district, I introduced H.R. 5216, a bill to con- and apply the techniques and methodologies Because of the lack of an agreement, I pro- vey the Army Corps easement back to the learned from CERP to other sustainable eco- posed a policy reform in the form of an YMCA, ensuring that there will be no further systems. amendment to S. 2796 that instructed the questions about the land used by the YMCA Mr. TANCREDO. Mr. Speaker, I rise in op- Corps of Engineers to submit a plan in no less for its expansion. I am pleased that H.R. 5216 position to S. 2796, the Water Resources De- than one year on how it could implement cost- was included in the Water Resources Devel- velopment Act. The communities in my district share programs with non federal entities for opment Act and that the good work of the Ot- have learned first hand that the Army Corps of recreational purposes. While the amendment tawa YMCA will be able to continue. Engineers has become a large, bloated and was not made in order, I intend to craft legisla- WRDA also provides a new home for the intransigent bureaucracy. Now is the time for tion that will seek to reform and improve the Joliet Park District. The Army Corps of Engi- reform, and while I commend the Transpor- operations of the Corps of Engineers, and in- neers currently owns property located at 622 tation Committee for their efforts to bring troduce the legislation when the 107th Con- Railroad Street in Joliet, Illinois. The property about some reform in the area of peer-review gress convenes. has served several functions in its official use for projects in S. 2796, I believe more work but has recently been vacated. This property A BRIGHT LIGHT SHED ON THE ARMY CORPS OF must be done, and more efforts to shrink the ENGINEERS is no longer used or needed by the Army size and power of the Corps of Engineers Corps of Engineers and is in the process of (By Congressman Tom Tancredo) should be made. being deemed ``excess.'' The evidence is in, and it is conclusive. The Joliet Park District has requested use of To illustrate the point, I am enclosing for the The Army Corps of Engineers has tried to the land and buildings for its new location for RECORD the following Op-Ed I recently sub- throw a blanket over the heads of American taxpayers in order to advance their own its headquarters. The Park District currently mitted to the Aurora Sentinel regarding the need for reform in the Army Corps of Engi- projects and agenda, and the citizens around has its headquarters and maintenance facili- the Cherry Creek Dam and Reservoir have ties in two separate, small locations on oppo- neers. On a related topic, I believe that the public been a top target. site sides of the City of Joliet. The approval of The Washington Post released an article this property transfer will allow the Park Dis- image and reputation of the Corps of Engi- on February 24th entitled ‘‘Generals Push trict to increase its efficiency and save time neers might be improved tremendously if it Huge Growth for Engineers,’’ which details and funds which can be much better used to would adopt some of the recommended policy an internal push to expand the budget, size, the improvement of parks and recreation facili- changes suggested by the 1999 National and scope of the Army Corps of Engineers. ties. I am pleased that the Water Resources Recreation Lakes Study Commission. At the surface, the Corps has internally Specifically, I believe it is time for the Corps planned for growth of their budget to $6.5 bil- Development Act included H.R. 5389, legisla- lion by 2005, more than $2 billion greater tion I introduced that conveys the land from to reverse its long-standing opposition to cost- share proposals that would rehabilitate facili- than their 2000 budget, which breaks down the Army Corps of Engineers to the Joliet Park more specifically within the agency. District. ties on the recreational properties it leases to The information obtained by the Wash- Mr. Speaker, this is good legislation and I non-federal entities such as the State of Colo- ington Post also shows that Corps officials commend Chairmen BOEHLERT and SHUSTER rado. had been pressured by superiors to ‘‘get cre- for their work and efforts on this legislation. I Over the last year and a half, I have worked ative with cost-benefit analysis in order to urge passage of the Water Resources Devel- with the interested parties to encourage the greenlight major projects.’’ opment Act of 2000 by my colleagues. Corps to enter into a cost-share agreement The Cherry Creek Dam controversy that Mrs. FOWLER. Mr. Speaker, today we take with the state of Colorado to improve the rec- has developed between the Corps, the local community and local public officials over an historic step to restoring one of our nation's reational facilities of Cherry Creek Reservoir, Chatfield Reservoir, and Trinidad Reservoir the expansion of flood controls around the natural treasures, the Everglades. This will be dam is even more alarming with the infor- the largest environmental project the Corps of State Parks. mation contained in the Corps report pro- Engineers has ever undertaken and Demo- Cherry Creek, Chatfield, and Trinidad Res- posing a ‘‘program with targeted studies crats and Republicans have come together to ervoirs are each operated and maintained by that should lead to target construction ac- accomplish this great task. the Corps, while the State manages all parks tivities with continuation of historical suc- My friend and colleague CLAY SHAW, the and recreation facilities on the surrounding cess rates.’’ dean of our delegation, successfully guided federally-owned land. These reservoir-parks This answers a few questions I had sur- this legislation through the House. Also, our are the most valued sources of water recre- rounding the proposed addition of flood con- ation in Colorado, a state where virtually no trols to the Cherry Creek Dam. Why the con- Governor, Jeb Bush, has not wavered on his flicting facts and figures from the Corps? commitment to the Everglades. His tireless ef- natural large body of water exists. The three And why have they suppressed the concerns forts guarantee state funding for the project parks combined host almost 3.5 million visitors of local citizens and elected officials, myself over the next ten years. annually. included? The answer to those questions is This bipartisan plan will restore, preserve Most recreational facilities in these parks evident in the report, the growth of the and protect the South Florida ecosystem while were constructed over 25 years ago. Entrance Corps is first and foremost.

VerDate 02-OCT-2000 02:38 Oct 20, 2000 Jkt 089060 PO 00000 Frm 00074 Fmt 4634 Sfmt 0634 E:\CR\FM\A19OC7.028 pfrm01 PsN: H19PT1 October 19, 2000 CONGRESSIONAL RECORD — HOUSE H10363 Like many, I was skeptical of the need to sion, Eastern North Carolina will be better pre- vital ecosystem. Yet since that time, clear and add more flood control onto the Cherry pared to deal with extreme weather events like compelling scientific data has shown the per- Creek Dam when the Corps had admitted Hurricanes Bertha, Fran, Dennis, Floyd and ilous state of the Everglades. that the chances of a flood capable of break- Under the bill before us, 18,000 square ing the dam, 24.7 inches in 72 hours, is ap- Irene in the future. proximately one in a billion. With Metro The second provision I support is an author- miles of subtropical uplands, coral reefs and Denver averaging around fourteen inches of ization for hurricane and storm damage reduc- wetlands will be preserved, in addition to the moisture a year, this would be a flood of bib- tion for Dare County, North Carolina. The au- habitat of 68 federally listed threatened and lical proportions. thorization affects the towns of Nags Head, endangered species. Once implemented, 2 What the Corps has turned into is a major Kill Devil Hills, and Kitty Hawk. I am a strong million acres of Everglades will be restored public works department with over 37,000 supporter of beach nourishment, not just for with a 50/50 cost share between the state of workers attempting to capitalize on the ex- the 3 million tourists who visit our shores Florida and the federal government, providing pansion of the American economy and pro- posed government surpluses. every year, but also for storm protection for $100 million per year for 10 years. Let me be the first to inform the Army our homes and infrastructure. While I am pleased with this, it is only a first Corps of Engineers that the days of reckless It is not well remembered, but it is neverthe- step in the preservation of the environment in government and fraud is over. less a fact, that these communitiesÐindeed Florida. As the state's population increases, America has more pressing needs—saving most of North Carolina's Outer BanksÐhave Florida will experience increasing demands on Social Security and keeping our commit- been protected for well over a half a century its water resources. Mr. Speaker, I am com- ment to our nation’s veterans—than to need- by a line of dunes constructed by the federal mitted to maintaining the federal-state partner- lessly expand the budget of an agency whose ship we have built for the Everglades, and I motto is, ‘‘growth.’’ government under the Works Progress Admin- I am just sorry that the citizens of this istration. These dunes have been a wise in- am pleased to be able to say that the legisla- community have had to endure what has be- vestment of resources. Now, however, these tion before this body has the support of a come a stressful issue that has scared many dunes and berms have deteriorated and must broad spectrum of groups and individuals, families and individuals and affected prop- be repaired. ranging from environmentalists, to agricultural erty values in the proposed area. Erosion along North Carolina's shoreline and industry groups, to the Seminole Indians As this process moves forward, and both threatens the future existence of these beach- and the state of Florida. That broad array of Congressman Joel Hefley and I are dis- es and shore protection is truly the only option cussing legislation that would require the support demonstrates just what we in this Corps to use criteria for similar projects available to ensure coastal areas will be here body can accomplish when we put partisan more in line with what the State of Colorado tomorrow. Nourishment of these beaches will differences aside. uses, I will keep the communities best inter- provide the best protection against the dev- Mr. Speaker, I was proud to work with my ests, and not the Corps, at the forefront of astating effects of storm surges on the dune Republican and Democratic colleagues from the debate. system, private property, roads and other crit- Florida on this measure, and I will continue to Mr. JONES of North Carolina. Mr. Speaker, ical public infrastructure guaranteeing a work in the forefront of the effort to protect our I rise today in strong support of the manager's healthy and fortified coastline. state's unique environment. This is prudent, amendment to the Water Resources Develop- Without beach nourishment these reinforce- scientifically sound legislation that will pre- ment Act of 2000. This bipartisan piece of leg- ment measures cannot take place. Unfortu- serve a valuable national asset for generations islation is a tribute to the outgoing Chairman nately it takes years for the Army Corps of En- to come, and I urge my colleagues to vote in BUD SHUSTER and Ranking Member JIM OBER- gineers and the local communities to actually favor of this investment in our nation's future. STAR. I want to touch on two components of place sand on the affected beaches. Shore Mr. UDALL of Colorado. Mr. Speaker, I the legislation that I wholeheartedly support. protection projects have become entangled have some serious reservations about this bill, Representing a district that sits within a 100- with numerous state and federal environ- especially those parts dealing with oceanfront year floodplain along Hurricane Alley is often mental regulations. development, dredging, and other projects to a daunting but fulfilling task. Hurricane Floyd In addition, the projects are even further de- be carried out by the Corps of Engineers. I ripped through Eastern North Carolina more layed by the Clinton-Gore Administration's op- think the House should have had the chance than one year ago, causing billions of dollars position to beach nourishment, under which to consider amendments that would have im- of damage and displacing thousands of fami- there have been no new startups of beach proved the bill. I regret that the rule adopted lies. nourishment programs. I am hopeful that a earlier does not permit that. However, I will While recovery is progressing and people's new Administration will support such a sound vote the bill because I strongly support author- lives are slowing returning to normal, our riv- program to protect both our communities and izing the important program of environmental ers and streams remain clogged with debris precious natural resources. Rest assured that restoration for the Everglades. The bill will from that horrific storm. If these streams are I will continue to support shore protection and now go to conference with the Senate. I hope not immediately cleared after major disasters, other initiatives along the North Carolina that will result in improvements in the measure flooding problems will be exacerbated and coast. It is essential that we protect the entire to make it one that everyone can support with- North Carolina will continue to remain vulner- coast for the inhabitants and visitors today as out reservations. able to extreme weather conditions. For in- well for future generations. Mr. HOLT. Mr. Speaker, Marjory Stoneman stance, one country in my district, Onslow I commend the Committee on Transpor- Douglass, grand matron of the Everglades im- County, has almost 600 miles of rivers and tation and Infrastructure for bringing this im- mortalized the sprawling South Florida wet- streams that remain clogged, a continuing portant legislation to the House floor. I hope it lands in her classic book, Everglades: River of threat to life, property and economic develop- will be possible for us to improve this bill today Grass. ``Nothing anywhere else is like them,'' ment. and for the House and the other body to agree she wrote. ``They are, they have always been, Included in the legislation is a demonstration on a final version of this critical legislation one of the unique regions of the earth, remote, project authorizing the Army Corps of Engi- prior to adjournment. This bill is a victory for never wholly known.'' neers to remove accumulated snags and de- Eastern North Carolina, a victory for Con- I am not sure that there is any better way bris in Eastern North Carolina rivers and tribu- gress, and a victory for America. to describe what is one of our nation's great- taries immediately following major disasters. Mr. MCCOLLUM. Mr. Speaker, I rise today est natural wonders. But, I can tell you that The accumulated debris in our rivers and in support of the Water Resources Develop- even though we will never fully know or under- streams are a contributing factor in the disas- ment Act and I urge my colleagues to give it stand the Everglades, we do know a few trous floods experienced by eastern North their full support as well. Specifically, Mr. things. The Everglades is home to a wide and Carolina in the last few years. Speaker, I rise in support of one provision of rich bird population, particularly large wading Without this provision, flood control prob- this bill that will begin the long over due effort birds, such as the roseate spoonbill, wood lems will worsen as urban centers are now to preserve the Everglades and restore them stork, great blue heron and a variety of egrets. being impacted by floodwaters. This emer- to their natural beauty. It contains both temperate and tropical plant gency authority for the Army Corps of Engi- Mr. Speaker, with this legislation, we will communities, including sawgrass prairies, neers will help alleviate continued flooding begin to correct the mistakes we made over mangrove and cypress swamps, pinelands within Eastern North Carolina and supplement 40 years ago when we began development in and hardwood hammocks, as well as marine other flood control programs. and around the Everglades area. In those and estuarine environments. It is the only The proposed program will not only aid years, we did not have the scientific under- place in the world where alligators and croco- navigation and safety, but it will also help the standing of the ramifications of our actions, diles exist side by side. However, man has flow of the rivers themselves. With this provi- and the result was enormous damage to this also lived in and around the Everglades for

VerDate 02-OCT-2000 02:38 Oct 20, 2000 Jkt 089060 PO 00000 Frm 00075 Fmt 4634 Sfmt 9920 E:\CR\FM\A19OC7.032 pfrm01 PsN: H19PT1 H10364 CONGRESSIONAL RECORD — HOUSE October 19, 2000 the past 2,000 years, sometimes with disas- This bill, however, does not include lan- Mr. RAHALL (during the reading). trous consequences. Starting in the 1880's, guage absolving the organization of responsi- Mr. Speaker, I ask unanimous consent man began diverting water from the Ever- bility. And in no way should the Ontonagon that the motion to commit be consid- glades to make it more a hospitable place for County Historical Society be held liable for en- ered as read and printed in the RECORD. people. Over the last century canals were dug vironmental damage of the property when it The SPEAKER pro tempore. Is there and impoundments were created to provide occurred during the ownership of the Army objection to the request of the gen- drinking water, protection from floods and land Corps of Engineers. Such an omission forces tleman from West Virginia? for houses. me to oppose this bill. The Senate version of There was no objection. As a result of man's habitation and engi- WRDA would hold the Secretary of the Army The SPEAKER pro tempore. The gen- neering, the Everglades are dying. Many por- responsible for the removal of onsite contami- tleman from West Virginia (Mr. RA- tions are drying out and many species are nated soil and lead-based paint. I hope that its HALL) is recognized for 5 minutes in threatened with extinction. We need to take language is retained in the bill's conference support of his motion to commit. immediate and long term steps to save this report. Mr. SHUSTER. Mr. Speaker, will the massive ecosystem. The Water Resources Again, I reluctantly oppose this bill but wish gentleman yield? Development Act includes a $7.8 billion, 35- to thank Mr. SHUSTER and Mr. OBERSTAR for Mr. RAHALL. I yield to the gen- year federal-state plan to restore the Florida bringing this legislation to the floor, especially tleman from Pennsylvania. Everglades that is a major step towards sav- given the session's time constraints. Their Mr. SHUSTER. Mr. Speaker, we ac- ing that goal. This restoration plan will reverse leadership in crafting a bipartisan bill should cept the gentleman’s motion. the effects of the dams and waterways that be commended. Mr. RAHALL. I yield back the bal- drain 1.7 billion gallons of water a day from Mr. WATTS of Oklahoma. Mr. Speaker, ance of my time, Mr. Speaker. the Everglades into the Atlantic Ocean. This today the House is considering S. 2796, the The SPEAKER pro tempore. Does plan has 68 project components and will re- Water Resources and Development Act of any Member seek time in opposition? store the natural water flow while continuing to 2000. I would like to thank Chairman SHUSTER Without objection, the previous ques- supply water to South Florida. This legislation for his leadership in drafting this legislation tion is ordered on the motion to com- also requires that an ongoing, independent and I rise in strong support of its passage. mit. scientific review be established to ensure that This legislation takes the necessary steps to There was no objection. the plan is progressing toward restoration. address the many water resources needs The SPEAKER pro tempore. The I strongly urge all of my colleagues to sup- across the country. It does so by authorizing question is on the motion to commit. port this plan to save this truly unique natural important water programs such as those spon- The motion to commit was agreed to. resource. sored and constructed by the Army Corps of Mr. SHUSTER. Mr. Speaker, acting Mr. STUPAK. Mr. Speaker, I rise today in Engineers. These projects provide important under the instructions of the House reluctant opposition to the Water Resources water resources to the areas they serve. and on behalf of the Committee on Development Act. I do not oppose this bill for These water resources are crucial to the eco- Transportation and Infrastructure, I its content. Rather, I oppose the measure be- nomic development of many of these areas. report the Senate bill, S. 2796, back to cause the rule did not provide an opportunity Mr. Speaker, I would like to thank Chairman the House with an amendment. to offer amendments. This bill does not in- SHUSTER again for his leadership on this legis- The SPEAKER pro tempore. The clude language about preventing the with- lation and I urge my colleagues in the House Clerk will report the amendment. drawal and diversion of water from the Great to join me by casting their vote in favor of S. The Clerk read as follows: Lakes. In 1998, a Canadian company planned 2796. The SPEAKER pro tempore (Mr. Amendment: to ship 3 billion liters of water from Lake Supe- Strike section 330 of the bill and redesig- rior over five years and sell it to Asia. I au- OSE). All time for debate has expired. nate subsequent sections of title III of the thored legislation that passed the House of Pursuant to House Resolution 639, bill, accordingly. Representatives that called on the United the previous question is ordered on the In section 348 of the bill, strike ‘‘substan- States government to oppose this action. The Senate bill, as amended. tially’’ and all that follows through ‘‘1992’’. permit was subsequently withdrawn. We must The question is on the third reading Strike section 436 of the bill and redesig- strengthen existing laws to protect the possi- of the Senate bill. nate subsequent sections of title IV of the The Senate bill was ordered to be bill, accordingly. bility of other countries making similar re- read a third time, and was read the In section 563 of the bill, strike ‘‘stabiliza- quests in the future. We owe it to the esti- third time. tion and preservation’’ and insert ‘‘preserva- mated 35 million people who reside in the tion and restoration’’. MOTION TO COMMIT OFFERED BY MR. RAHALL Great Lakes Basin. Conform the table of contents of the bill by I want to thank Chairman SHUSTER and Mr. RAHALL. Mr. Speaker, I offer a striking the items relating to sections 330 Ranking Member OBERSTAR for their commit- motion to commit. and 436 and redesignate subsequent items ac- ment to protecting our Great Lakes and I hope The SPEAKER pro tempore. Is the cordingly. that similar language will be inserted in the gentleman opposed to the Senate bill? The SPEAKER pro tempore. The Mr. RAHALL. Mr. Speaker, in its WRDA conference report. Another point of question is on the amendment. current form, I am opposed to the Sen- concern for me in this bill concerns the trans- The amendment was agreed to. ate bill. fer of a lighthouse in Ontonagon, Michigan, The SPEAKER pro tempore. The The SPEAKER pro tempore. The question is on the third reading of the from the Secretary of the Army to the Clerk will report the motion to com- Ontonagon County Historical Society. This fa- Senate bill. mit. The Senate bill was ordered to be cility was built in 1866 and guided ships The Clerk read as follows: through the seas of Lake Superior for more read a third time, and was read the Mr. RAHALL moves to commit the bill S. third time. than 100 years. 2796 to the Committee on Transportation and Thanks to the Ontonagon County Historical Infrastructure with instructions to report The SPEAKER pro tempore. The Society's efforts, this facility has been pre- the same back to the House forthwith with question is on the passage of the Sen- served for the public's enjoyment. To continue the following amendments: ate bill. its work, the non-profit organization is seeking Strike section 330 of the bill and redesig- The question was taken; and the to have the lighthouse and the adjacent land nate subsequent sections of title III of the Speaker pro tempore announced that of 1.8 acres transferred. Unfortunately, the bill, accordingly. the ayes appeared to have it. In section 348 of the bill, strike ‘‘substan- Mr. SHUSTER. Mr. Speaker, on that Army Corps of Engineers, which owns and tially’’ and all that follows through ‘‘1992’’. uses the property, has witnessed contamina- Strike section 436 of the bill and redesig- I demand the yeas and nays. tion of the property. Lead-based paint coats nate subsequent sections of title IV of the The yeas and nays were ordered. the interior walls and the exterior gallery of the bill, accordingly. The vote was taken by electronic de- lighthouse. A 5,000-gallon fuel tank, which In section 563 of the bill, strike ‘‘stabiliza- vice, and there were—yeas 394, nays 14, may have leaked oil into the soil, sits idle near tion and preservation’’ and insert ‘‘preserva- not voting 24, as follows: tion and restoration’’. the lighthouse. Finally, for 14 years coal has Conform the table of contents of the bill by [Roll No. 534] been stored onsite by a company subletting striking the items relating to sections 330 YEAS—394 the property; an action which has contami- and 436 and redesignate subsequent items ac- Abercrombie Aderholt Archer nated the soil. cordingly. Ackerman Allen Armey

VerDate 02-OCT-2000 03:34 Oct 20, 2000 Jkt 089060 PO 00000 Frm 00076 Fmt 4634 Sfmt 0634 E:\CR\FM\A19OC7.038 pfrm01 PsN: H19PT1 October 19, 2000 CONGRESSIONAL RECORD — HOUSE H10365 Baca Ehrlich Largent Rogers Slaughter Towns The Clerk read as follows: Bachus Emerson Larson Rohrabacher Smith (MI) Traficant Baird Engel Latham Ros-Lehtinen Smith (NJ) Udall (CO) Mr. SHUSTER moves to insist on the House Baker English LaTourette Rothman Smith (TX) Udall (NM) amendment to S. 2796, and request a con- Baldacci Eshoo Leach Roukema Smith (WA) Upton ference with the Senate thereon. Baldwin Etheridge Lee Roybal-Allard Snyder Velazquez The SPEAKER pro tempore. The Barcia Evans Levin Rush Souder Visclosky Barr Everett Lewis (CA) Ryan (WI) Spence Vitter question is on the motion offered by Barrett (NE) Ewing Lewis (GA) Ryun (KS) Spratt Walden the gentleman from Pennsylvania (Mr. Barrett (WI) Farr Lewis (KY) Sabo Stabenow Walsh SHUSTER). Bartlett Fattah Linder Salmon Stearns Wamp Barton Filner LoBiondo Sanchez Stenholm Waters The motion was agreed to. Bass Fletcher Lofgren Sanders Strickland Watkins MOTION TO INSTRUCT OFFERED BY MR. Becerra Foley Lowey Sandlin Stump Watt (NC) OBERSTAR Sawyer Sununu Watts (OK) Bentsen Forbes Lucas (KY) Mr. OBERSTAR. Mr. Speaker, I offer Bereuter Ford Lucas (OK) Saxton Sweeney Waxman Berkley Fossella Luther Scarborough Tanner Weiner a motion to instruct conferees. Berman Fowler Maloney (CT) Schakowsky Tauscher Weldon (FL) The SPEAKER pro tempore. The Berry Frank (MA) Maloney (NY) Scott Tauzin Weldon (PA) Clerk will report the motion. Biggert Frelinghuysen Manzullo Serrano Taylor (MS) Weller Bilbray Frost Markey Sessions Taylor (NC) Wexler The Clerk read as follows: Bilirakis Gallegly Martinez Shadegg Terry Weygand Mr. OBERSTAR moves to instruct the con- Bishop Ganske Mascara Shaw Thomas Whitfield ferees to insist on section 586 of the House Sherman Thompson (CA) Wicker Blagojevich Gejdenson Matsui amendment. Bliley Gekas McCarthy (MO) Sherwood Thompson (MS) Wilson Blumenauer Gibbons McCarthy (NY) Shimkus Thornberry Wolf The SPEAKER pro tempore. Pursu- Blunt Gilchrest McCrery Shows Thune Woolsey ant to the rule, the gentleman from Shuster Thurman Wu Boehlert Gillmor McDermott Minnesota (Mr. OBERSTAR) and the gen- Boehner Gilman McGovern Sisisky Tiahrt Wynn Bonilla Gonzalez McHugh Skeen Tierney Young (AK) tleman from Pennsylvania (Mr. SHU- Bonior Goode McInnis Skelton Toomey Young (FL) STER) will each be recognized for 30 Bono Goodlatte McIntyre NAYS—14 minutes. Borski Goodling McKeon The Chair recognizes the gentleman Boswell Gordon McKinney Andrews Paul Sensenbrenner Boucher Goss McNulty Coburn Ramstad Shays from Minnesota (Mr. OBERSTAR). Boyd Graham Meehan Doggett Royce Stupak Mr. OBERSTAR. Mr. Speaker, I yield Brady (PA) Granger Meek (FL) Hill (MT) Sanford Tancredo Johnson, Sam Schaffer myself such time as I may consume. Brady (TX) Green (TX) Meeks (NY) (Mr. OBERSTAR asked and was given Brown (FL) Green (WI) Menendez NOT VOTING—24 Brown (OH) Greenwood Metcalf permission to revise and extend his re- Bryant Gutierrez Mica Ballenger Hilliard Morella marks.) Burr Gutknecht Millender- Campbell Houghton Oxley Mr. OBERSTAR. Mr. Speaker, I urge Burton Hall (OH) McDonald Chenoweth-Hage Jones (OH) Rodriguez Buyer Hall (TX) Miller, Gary Clay Lazio Simpson adoption of the motion to instruct, and Callahan Hastings (FL) Miller, George Dingell Lipinski Stark I yield back the balance of my time. Calvert Hastings (WA) Minge Franks (NJ) McCollum Talent Mr. SHUSTER. Mr. Speaker, I yield Camp Hayes Mink Gephardt McIntosh Turner Hansen Miller (FL) Wise myself such time as I may consume to Canady Hayworth Moakley simply accept the motion, and I yield Cannon Hefley Mollohan b 1206 Capps Herger Moore back the balance of my time. Capuano Hill (IN) Moran (KS) Mr. SCHAFFER changed his vote The SPEAKER pro tempore. Without Cardin Hilleary Moran (VA) from ‘‘yea’’ to ‘‘nay.’’ objection, the previous question is or- Carson Hinchey Murtha Castle Hinojosa Myrick Mr. PETRI and Mr. CHABOT changed dered on the motion to instruct. Chabot Hobson Nadler their vote from ‘‘nay’’ to ‘‘yea.’’ There was no objection. Chambliss Hoeffel Napolitano So the Senate bill was passed. The SPEAKER pro tempore. The Clayton Hoekstra Neal Clement Holden Nethercutt The result of the vote was announced question is on the motion to instruct Clyburn Holt Ney as above recorded. offered by the gentleman from Min- Coble Hooley Northup A motion to reconsider was laid on nesota (Mr. OBERSTAR). Collins Horn Norwood the table. The motion was agreed to. Combest Hostettler Nussle Condit Hoyer Oberstar Stated for: A motion to reconsider was laid on Conyers Hulshof Obey Mr. BALLENGER. Mr. Speaker, on rollcall the table. Cook Hunter Olver No. 534, I was inadvertently detained. Had I The SPEAKER pro tempore. Without Cooksey Hutchinson Ortiz Costello Hyde Ose been present, I would have voted ``yes.'' objection, the Chair appoints the fol- Cox Inslee Owens f lowing conferees: Messrs. SHUSTER, Coyne Isakson Packard YOUNG of Alaska, BOEHLERT, SHAW, Cramer Istook Pallone PERMISSION TO FILE SUPPLE- OBERSTAR, BORSKI, and MENENDEZ. Crane Jackson (IL) Pascrell MENTAL REPORT ON H.R. 4541, Crowley Jackson-Lee Pastor There was no objection. COMMODITY FUTURES MOD- Cubin (TX) Payne f Cummings Jefferson Pease ERNIZATION ACT OF 2000 Cunningham Jenkins Pelosi Danner John Peterson (MN) Mr. LEACH. Mr. Speaker, I ask unan- GENERAL LEAVE Davis (FL) Johnson (CT) Peterson (PA) imous consent that the Committee on Mr. SHUSTER. Mr. Speaker, I ask Davis (IL) Johnson, E. B. Petri Banking and Financial Services be au- unanimous consent that all Members Davis (VA) Jones (NC) Phelps thorized to file a supplemental report Deal Kanjorski Pickering may have 5 legislative days within on the bill, H.R. 4541. DeFazio Kaptur Pickett which to revise and extend their re- DeGette Kasich Pitts The SPEAKER pro tempore (Mr. marks and to insert extraneous mate- Delahunt Kelly Pombo OSE). Is there objection to the request DeLauro Kennedy Pomeroy rial on S. 2796. of the gentleman from Iowa? DeLay Kildee Porter The SPEAKER pro tempore. Is there DeMint Kilpatrick Portman There was no objection. objection to the request of the gen- Deutsch Kind (WI) Price (NC) f Diaz-Balart King (NY) Pryce (OH) tleman from Pennsylvania? Dickey Kingston Quinn There was no objection Dicks Kleczka Radanovich MOTION TO GO TO CONFERENCE Dixon Klink Rahall ON S. 2796, WATER RESOURCES f Dooley Knollenberg Rangel DEVELOPMENT ACT OF 2000 Doolittle Kolbe Regula MESSAGE FROM THE PRESIDENT Doyle Kucinich Reyes Mr. SHUSTER. Mr. Speaker, pursu- Dreier Kuykendall Reynolds ant to House Resolution 639, I offer a A message in writing from the Presi- Duncan LaFalce Riley motion. dent of the United States was commu- Dunn LaHood Rivers Edwards Lampson Roemer The SPEAKER pro tempore. The nicated to the House by Ms. Evans, one Ehlers Lantos Rogan Clerk will report the motion. of his secretaries.

VerDate 02-OCT-2000 03:34 Oct 20, 2000 Jkt 089060 PO 00000 Frm 00077 Fmt 4634 Sfmt 0634 E:\CR\FM\A19OC7.018 pfrm01 PsN: H19PT1