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(continued)
(11) Whiting shoreline waterfront, whiting, indiana.--
Project for navigation, Whiting shoreline waterfront, Whiting,
Indiana.
(12) Union river, ellsworth, maine.--Project for navigation,
Union River, Ellsworth, Maine.
(13) Naraguagus river, machias, maine.--Project for
navigation, Naraguagus River, Machias, Maine.
(14) Detroit river, michigan.--Project for navigation,
Detroit River, Michigan, including dredging and removal of a
reef.
(15) Fortescue inlet, delaware bay, new jersey.--Project for
navigation, Fortescue Inlet, Delaware Bay, New Jersey.
(16) Braddock bay, greece, new york.--Project for
navigation, Braddock Bay, Greece, New York.
(17) Buffalo and lasalle park, new york.--Project for
navigation, Buffalo and LaSalle Park, New York.
(18) Sturgeon point, new york.--Project for navigation,
Sturgeon Point, New York.
(19) Fairport harbor, ohio.--Project for navigation,
Fairport Harbor, Ohio, including a recreation channel.
SEC. 105. SMALL PROJECTS FOR IMPROVEMENT OF THE QUALITY OF THE
ENVIRONMENT.
(a) In General.--The Secretary shall conduct a study for each of the
following projects and, if the Secretary determines that a project is
appropriate, may carry out the project under section 1135(a) of the
Water Reseources Development Act of 1986 (33 U.S.C. 2309a(a):
(1) Illinois river in the vicinity of havana, illinois.--
Project for improvement of the quality of the environment,
Illinois River in the vicinity of Havana, Illinois.
(2) Knitting mill creek, virginia.--Project for improvement
of the quality of the environment, Knitting Mill Creek,
Virginia.
[[Page 113 STAT. 284]]
(b) Pine Flat Dam, Kings River, California.--Under authority of
section 1135(a) of the Water Resources Development Act of 1986 (33
U.S.C. 2309a(a)), the Secretary shall carry out a project to construct a
turbine bypass at Pine Flat Dam, Kings River, California, in accordance
with the project modification report and environmental assessment dated
September 1996.
SEC. 106. SMALL AQUATIC ECOSYSTEM RESTORATION PROJECTS.
The Secretary is authorized to carry out the following projects
under section 206 of the Water Resources Development Act of 1996 (33
U.S.C. 2330):
(1) Contra costa county, bay delta, california.--Project for
aquatic ecosystem restoration, Contra Costa County, Bay Delta,
California.
(2) Indian river, florida.--Project for aquatic ecosystem
restoration and lagoon restoration, Indian River, Florida.
(3) Little wekiva river, florida.--Project for aquatic
ecosystem restoration and erosion control, Little Wekiva River,
Florida.
(4) Cook county, illinois.--Project for aquatic ecosystem
restoration and lagoon restoration and protection, Cook County,
Illinois.
(5) Grand batture island, mississippi.--Project for aquatic
ecosystem restoration, Grand Batture Island, Mississippi.
(6) Hancock, harrison, and jackson counties, mississippi.--
Project for aquatic ecosystem restoration and reef restoration
along the Gulf Coast, Hancock, Harrison, and Jackson Counties,
Mississippi.
(7) Mississippi river and river des peres, st. louis,
missouri.--Project for aquatic ecosystem restoration and
recreation, Mississippi River and River Des Peres, St. Louis,
Missouri.
(8) Hudson river, new york.--Project for aquatic ecosystem
restoration, Hudson River, New York.
(9) Oneida lake, new york.--Project for aquatic ecosystem
restoration, Oneida Lake, Oneida County, New York.
(10) Otsego lake, new york.--Project for aquatic ecosystem
restoration, Otsego Lake, Otsego County, New York.
(11) North fork of yellow creek, ohio.--Project for aquatic
ecosystem restoration, North Fork of Yellow Creek, Ohio.
(12) Wheeling creek watershed, ohio.--Project for aquatic
ecosystem restoration, Wheeling Creek watershed, Ohio.
(13) Springfield millrace, oregon.--Project for aquatic
ecosystem restoration, Springfield Millrace, Oregon.
(14) Upper amazon creek, oregon.--Project for aquatic
ecosystem restoration, Upper Amazon Creek, Oregon.
(15) Lake ontelaunee reservoir, berks county,
pennsylvania.--Project for aquatic ecosystem restoration and
distilling pond facilities, Lake Ontelaunee Reservoir, Berks
County, Pennsylvania.
(16) Blackstone river basin, rhode island and
massachusetts.--Project for aquatic ecosystem restoration and
fish passage facilities, Blackstone River Basin, Rhode Island
and Massachusetts.
[[Page 113 STAT. 285]]
TITLE II--GENERAL PROVISIONS
SEC. 201. SMALL FLOOD CONTROL AUTHORITY.
Section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s) is
amended--
(1) in the first sentence, by striking ``construction of
small projects'' and inserting ``implementation of small
structural and nonstructural projects''; and
(2) in the third sentence, by striking ``$5,000,000'' and
inserting ``$7,000,000''.
SEC. 202. USE OF NON-FEDERAL FUNDS FOR COMPILING AND DISSEMINATING
INFORMATION ON FLOODS AND FLOOD DAMAGE.
Section 206(b) of the Flood Control Act of 1960 (33 U.S.C. 709a(b))
is amended in the third sentence by inserting before the period at the
end the following: ``, but the Secretary of the Army may accept funds
voluntarily contributed by such entities for the purpose of expanding
the scope of the services requested by the entities''.
SEC. 203. CONTRIBUTIONS BY STATES AND POLITICAL SUBDIVISIONS.
Section 5 of the Act of June 22, 1936 (33 U.S.C. 701h), is amended
by inserting ``or environmental restoration'' after ``flood control''.
SEC. 204. SEDIMENT DECONTAMINATION TECHNOLOGY.
Section 405 of the Water Resources Development Act of 1992 (33
U.S.C. 2239 note; Public Law 102-580) is amended--
(1) in subsection (a), by adding at the end the following:
``(4) Practical end-use products.--Technologies selected for
demonstration at the pilot scale shall be intended to result in
practical end-use products.
``(5) Assistance by the secretary.--The Secretary shall
assist the project to ensure expeditious completion by providing
sufficient quantities of contaminated dredged material to
conduct the full-scale demonstrations to stated capacity.'';
(2) in subsection (c), by striking the first sentence and
inserting the following: < authorization.>> ``There is authorized to be appropriated to
carry out this section $22,000,000 to complete technology
testing, technology commercialization, and the development of
full scale processing facilities within the New York/New Jersey
Harbor.''; and
(3) by adding at the end the following:
``(e) Support.--In carrying out the program under this section, the
Secretary is encouraged to use contracts, cooperative agreements, and
grants with colleges and universities and other non-Federal entities.''.
SEC. 205. CONTROL OF AQUATIC PLANTS.
Section 104 of the River and Harbor Act of 1958 (33 U.S.C. 610) is
amended--
(1) in the first sentence of subsection (a), by striking
``water-hyacinth, alligatorweed, Eurasian water milfoil,
melaleuca, and other obnoxious aquatic plant growths, from'' and
inserting ``noxious aquatic plant growths from'';
[[Page 113 STAT. 286]]
(2) in the first sentence of subsection (b), by striking
``$12,000,000'' and inserting ``$15,000,000''; and
(3) by adding at the end the following:
``(c) Support.--In carrying out the program under this section, the
Secretary is encouraged to use contracts, cooperative agreements, and
grants with colleges and universities and other non-Federal entities.''.
SEC. 206. USE <> OF CONTINUING CONTRACTS FOR
CONSTRUCTION OF CERTAIN PROJECTS.
(a) In General.--Notwithstanding any other provision of law, the
Secretary shall not implement a fully allocated funding policy with
respect to a water resource project if initiation of construction has
occurred but sufficient funds are not available to complete the project.
(b) Continuing Contracts.--The Secretary shall enter into a
continuing contract for a project described in subsection (a).
(c) Initiation of Construction Clarified.--For the purposes of this
section, initiation of construction for a project occurs on the date of
enactment of an Act that appropriates funds for the project from 1 of
the following appropriation accounts:
(1) Construction, General.
(2) Operation and Maintenance, General.
(3) Flood Control, Mississippi River and Tributaries.
SEC. 207. WATER RESOURCES DEVELOPMENT STUDIES FOR THE PACIFIC
REGION.
Section 444 of the Water Resources Development Act of 1996 (110
Stat. 3747) is amended by striking ``interest of navigation'' and
inserting ``interests of water resources development including
navigation, flood damage reduction, and environmental restoration''.
SEC. 208. EVERGLADES AND SOUTH FLORIDA ECOSYSTEM RESTORATION.
(a) Extension of Program.--Section 528(b)(3) of the Water Resources
Development Act of 1996 is amended--
(1) in subparagraph (B) (110 Stat. 3769), by striking
``1999'' and inserting ``2003''; and
(2) in subparagraph (C)(i) (110 Stat. 3769), by striking
``1999'' and inserting ``2003''.
(b) Credit and Reimbursement of Past and Future Activities.--Section
528(b)(3) of the Water Resources Development Act of 1996 (110 Stat.
3768) is amended by adding at the end the following:
``(D) Credit and reimbursement of past and future
activities.--The Secretary may provide credit to or
reimburse the non-Federal project sponsor (using funds
authorized by subparagraph (C)) for the reasonable costs
of any work that has been performed or will be performed
in connection with a study or activity meeting the
requirements of subparagraph (A) if--
``(i) the Secretary determines that--
``(I) the work performed by the non-
Federal project sponsor will
substantially expedite completion of a
critical restoration project; and
``(II) the work is necessary for a
critical restoration project; and
[[Page 113 STAT. 287]]
``(ii) the credit or reimbursement is granted
pursuant to a project-specific agreement that
prescribes the terms and conditions of the credit
or reimbursement.''.
(c) Caloosahatchee River Basin, Florida.--Section 528(e)(4) of the
Water Resources Development Act of 1996 (110 Stat. 3770) is amended in
the first sentence by inserting before the period at the end the
following: ``if the Secretary determines that the acquisition is
compatible with and an integral component of the Everglades and South
Florida ecosystem restoration, including potential acquisition of land
or interests in land in the Caloosahatchee River basin or other areas''.
(d) In-Kind Work.--Section 528(e)(4) of the Water Resources
Development Act of 1996 (110 Stat. 3770) is amended--
(1) by striking ``Regardless'' and inserting the following:
``(1) Land acquisition.--Regardless''; and
(2) by adding at the end the following:
``(2) In-kind work.--
``(A) In general.--During the preconstruction,
engineering, and design phase and the construction phase
of the Central and Southern Florida Project, the
Secretary shall allow credit against the non-Federal
share of the cost of activities described in subsection
(b) for work performed by non-Federal interests at the
request of the Secretary in furtherance of the design of
features included in the comprehensive plan under that
subsection.
``(B) Audits.--In-kind work to be credited under
subparagraph (A) shall be subject to audit.''.
SEC. 209. BENEFICIAL USES OF DREDGED MATERIAL.
Section 204 of the Water Resources Development Act of 1992 (33
U.S.C. 2326) is amended--
(1) in subsection (c), by striking ``cooperative agreement
in accordance with the requirements of section 221 of the Flood
Control Act of 1970'' and inserting ``binding agreement with the
Secretary''; and
(2) by adding at the end the following:
``(g) Nonprofit Entities.--Notwithstanding section 221 of the Flood
Control Act of 1970 (42 U.S.C. 1962d-5b), for any project carried out
under this section, a non-Federal interest may include a nonprofit
entity, with the consent of the affected local government.''.
SEC. 210. AQUATIC ECOSYSTEM RESTORATION.
Section 206 of the Water Resources Development Act of 1996 (33
U.S.C. 2330) is amended--
(1) in subsection (b)--
(A) by striking ``Non-Federal'' and inserting the
following:
``(1) In general.--Non-Federal''; and
(B) by adding at the end the following:
``(2) Form.--Before October 1, 2003, the Federal share of
the cost of a project under this section may be provided in the
form of reimbursements of project costs.''; and
(2) in subsection (c)--
(A) by striking ``Construction'' and inserting the
following:
``(1) In general.--Construction''; and
(B) by adding at the end the following:
[[Page 113 STAT. 288]]
``(2) Nonprofit entities.--Notwithstanding section 221 of
the Flood Control Act of 1970 (42 U.S.C. 1962d-5b), for any
project carried out under this section, a non-Federal interest
may include a nonprofit entity, with the consent of the affected
local government.''.
SEC. 211. WATERSHED MANAGEMENT, RESTORATION, AND DEVELOPMENT.
Section 503 of the Water Resources Development Act of 1996 (110
Stat. 3756) is amended--
(1) in subsection (d)--
(A) by striking paragraph (10) and inserting the
following:
``(10) Regional Atlanta watershed, Atlanta, Georgia, and
Lake Lanier, Forsyth and Hall Counties, Georgia.''; and
(B) by adding at the end the following:
``(14) Clear Lake watershed, California.
``(15) Fresno Slough watershed, California.
``(16) Hayward Marsh, Southern San Francisco Bay watershed,
California.
``(17) Kaweah River watershed, California.
``(18) Lake Tahoe watershed, California and Nevada.
``(19) Malibu Creek watershed, California.
``(20) Lower St. Johns River basin, Florida.
``(21) Illinois River watershed, Illinois.
``(22) Truckee River basin, Nevada.
``(23) Walker River basin, Nevada.
``(24) Bronx River watershed, New York.
``(25) Catawba River watershed, North Carolina.
``(26) Columbia Slough watershed, Oregon.
``(27) Cabin Creek basin, West Virginia.'';
(2) by redesignating subsection (e) as subsection (f); and
(3) by inserting after subsection (d) the following:
``(e) Nonprofit Entities.--Notwithstanding section 221(b) of the
Flood Control Act of 1970 (42 U.S.C. 1962d-5b(b)), for any project
undertaken under this section, a non-Federal interest may include a
nonprofit entity, with the consent of the affected local government.''.
SEC. 212. FLOOD MITIGATION AND RIVERINE RESTORATION < 2332.>> PROGRAM.
(a) In General.--The Secretary may undertake a program for the
purpose of conducting projects to reduce flood hazards and restore the
natural functions and values of rivers throughout the United States.
(b) Studies and Projects.--
(1) Authority.--In carrying out the program, the Secretary
may conduct studies to identify appropriate flood damage
reduction, conservation, and restoration measures and may design
and implement projects described in subsection (a).
(2) Consultation and coordination.--The studies and projects
carried out under this section shall be conducted, to the
maximum extent practicable, in consultation and coordination
with the Federal Emergency Management Agency and other
appropriate Federal agencies, and in consultation and
coordination with appropriate State and local agencies and
tribes.
(3) Nonstructural approaches.--The studies and projects
shall emphasize, to the maximum extent practicable
[[Page 113 STAT. 289]]
and appropriate, nonstructural approaches to preventing or
reducing flood damages.
(4) Participation.--The studies and projects shall be
conducted, to the maximum extent practicable, in cooperation
with State and local agencies and tribes to ensure the
coordination of local flood damage reduction or riverine and
wetland restoration studies with projects that conserve,
restore, and manage hydrologic and hydraulic regimes and restore
the natural functions and values of floodplains.
(c) Cost-Sharing Requirements.--
(1) Studies.--Studies conducted under this section shall be
subject to cost sharing in accordance with section 105 of the
Water Resources Development Act of 1986 (33 U.S.C. 2215).
(2) Environmental restoration and nonstructural flood
control projects.--
(A) In general.--The non-Federal interests shall pay
35 percent of the cost of any environmental restoration
or nonstructural flood control project carried out under
this section.
(B) Items provided by non-federal interests.--The
non-Federal interests shall provide all land, easements,
rights-of-way, dredged material disposal areas, and
relocations necessary for such projects.
(C) Credit.--The value of such land, easements,
rights-of-way, dredged material disposal areas, and
relocations shall be credited toward the payment
required under this paragraph.
(3) Structural flood control projects.--Any structural flood
control projects carried out under this section shall be subject
to cost sharing in accordance with section 103(a) of the Water
Resources Development Act of 1986 (33 U.S.C. 2213(a)).
(4) Operation and maintenance.--The non-Federal interests
shall be responsible for all costs associated with operating,
maintaining, replacing, repairing, and rehabilitating all
projects carried out under this section.
(d) Project Justification.--
(1) In general.--Notwithstanding any other provision of law
or requirement for economic justification established under
section 209 of the Flood Control Act of 1970 (42 U.S.C. 1962-2),
the Secretary may implement a project under this section if the
Secretary determines that the project--
(A) will significantly reduce potential flood
damages;
(B) will improve the quality of the environment; and
(C) is justified considering all costs and
beneficial outputs of the project.
(2) Establishment of selection and rating criteria and
policies.--
(A) In general.--Not <> later than
180 days after the date of enactment of this Act, the
Secretary, in cooperation with State and local agencies
and tribes, shall--
(i) develop, and submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment
and Public Works of the Senate, criteria for
selecting and rating projects to be carried out
under this section; and
[[Page 113 STAT. 290]]
(ii) establish policies and procedures for
carrying out the studies and projects undertaken
under this section.
(B) Criteria.--The criteria referred to in
subparagraph (A)(i) shall include, as a priority, the
extent to which the appropriate State government
supports the project.
(e) Priority Areas.--In carrying out this section, the Secretary
shall examine appropriate locations, including--
(1) Pima County, Arizona, at Paseo De Las Iglesias and
Rillito River;
(2) Coachella Valley, Riverside County, California;
(3) Los Angeles and San Gabriel Rivers, California;
(4) Murrieta Creek, California;
(5) Napa River Valley watershed, California, at Yountville,
St. Helena, Calistoga, and American Canyon;
(6) Santa Clara basin, California, at Upper Guadalupe River
and Tributaries, San Francisquito Creek, and Upper Penitencia
Creek;
(7) Pond Creek, Kentucky;
(8) Red River of the North, Minnesota, North Dakota, and
South Dakota;
(9) Connecticut River, New Hampshire;
(10) Pine Mount Creek, New Jersey;
(11) Southwest Valley, Albuquerque, New Mexico;
(12) Upper Delaware River, New York;
(13) Briar Creek, North Carolina;
(14) Chagrin River, Ohio;
(15) Mill Creek, Cincinnati, Ohio;
(16) Tillamook County, Oregon;
(17) Willamette River basin, Oregon;
(18) Blair County, Pennsylvania, at Altoona and Frankstown
Township;
(19) Delaware River, Pennsylvania;
(20) Schuylkill River, Pennsylvania;
(21) Providence County, Rhode Island;
(22) Shenandoah River, Virginia; and
(23) Lincoln Creek, Wisconsin.
(f) Program Review.--
(1) In general.--The program established under this section
shall be subject to an independent review to evaluate the
efficacy of the program in achieving the dual goals of flood
hazard mitigation and riverine restoration.
(2) Report.--Not <> later than April 15,
2003, the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate a report on the findings of the review
conducted under this subsection with any recommendations
concerning continuation of the program.
(g) Maximum Federal Cost per Project.--Not more than $30,000,000 may
be expended by the United States on any single project under this
section.
(h) Procedure.--
(1) All projects.--The Secretary shall not implement any
project under this section until--
[[Page 113 STAT. 291]]
(A) the <> Secretary submits to
the Committee on Environment and Public Works of the
Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a written
notification describing the project and the
determinations made under subsection (d)(1); and
(B) 21 calendar days have elapsed after the date on
which the notification was received by the committees.
(2) Projects exceeding $15,000,000.--
(A) Limitation on appropriations.--No appropriation
shall be made to construct any project under this
section the total Federal cost of construction of which
exceeds $15,000,000 if the project has not been approved
by resolutions adopted by the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and
Public Works of the Senate.
(B) Report.--For the purpose of securing
consideration of approval under this paragraph, the
Secretary shall submit a report on the proposed project,
including all relevant data and information on all
costs.
(i) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
carry out this section--
(A) $20,000,000 for fiscal year 2001;
(B) $30,000,000 for fiscal year 2002; and
(C) $50,000,000 for each of fiscal years 2003
through 2005.
(2) Full funding.--All studies and projects carried out
under this section from Army Civil Works appropriations shall be
fully funded within the program funding levels provided in this
subsection.
SEC. 213. <> SHORE MANAGEMENT PROGRAM.
(a) Review.--The Secretary shall review the implementation of the
Corps of Engineers shore management program, with particular attention
to--
(1) inconsistencies in implementation among the divisions
and districts of the Corps of Engineers; and
(2) complaints by or potential inequities regarding property
owners in the Savannah District, including an accounting of the
number and disposition of complaints in the Savannah District
during the 5-year period preceding the date of enactment of this
Act.
(b) Report.--As expeditiously as practicable, but not later than 1
year after the date of enactment of this Act, the Secretary shall submit
to the Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public Works of the
Senate a report describing the results of the review under subsection
(a).
SEC. 214. SHORE DAMAGE PREVENTION OR MITIGATION.
Section 111 of the River and Harbor Act of 1968 (33 U.S.C. 426i) is
amended--
(1) in the first sentence--
(A) by striking ``The Secretary'' and inserting
``(a) In General.--The Secretary''; and
[[Page 113 STAT. 292]]
(B) by inserting after ``navigation works'' the
following: ``and shore damage attributable to the
Atlantic Intracoastal Waterway and the Gulf Intracoastal
Waterway'';
(2) in the second sentence, by striking ``The costs'' and
inserting the following:
``(b) Cost Sharing.--The costs'';
(3) in the third sentence--
(A) by striking ``No such'' and inserting the
following:
``(c) Requirement for Specific Authorization.--No such''; and
(B) by striking ``$2,000,000'' and inserting
``$5,000,000''; and
(4) by adding at the end the following:
``(d) Coordination.--The Secretary shall--
``(1) coordinate the implementation of the measures under
this section with other Federal and non-Federal shore protection
projects in the same geographic area; and
``(2) to the extent practicable, combine mitigation projects
with other shore protection projects in the same area into a
comprehensive regional project.''.
SEC. 215. SHORE PROTECTION.
(a) Periodic Nourishment.--Section 103(d) of the Water Resources
Development Act of 1986 (33 U.S.C. 2213(d)) is amended--
(1) by striking ``Costs of constructing'' and inserting the
following:
``(1) Construction.--Costs of constructing''; and
(2) by adding at the end the following:
``(2) Periodic nourishment.--
``(A) In general.--In the case of a project
authorized for construction after December 31, 1999, or
for which a feasibility study is completed after that
date, the non-Federal cost of the periodic nourishment
of the project, or any measure for shore protection or
beach erosion control for the project, that is carried
out--
``(i) after January 1, 2001, shall be 40
percent;
``(ii) after January 1, 2002, shall be 45
percent; and
``(iii) after January 1, 2003, shall be 50
percent.
``(B) Benefits to privately owned shores.--All costs
assigned to benefits of periodic nourishment projects or
measures to privately owned shores (where use of such
shores is limited to private interests) or to prevention
of losses of private land shall be borne by the non-
Federal interest.
``(C) Benefits to federally owned shores.--All costs
assigned to the protection of federally owned shores for
periodic nourishment measures shall be borne by the
United States.''.
(b) Outer Continental Shelf.--
(1) Use of sand from outer continental shelf.--Section
8(k)(2)(B) of the Outer Continental Shelf Lands Act (43 U.S.C.
1337(k)(2)(B)) is amended in the second sentence by striking
``an agency of the Federal Government'' and inserting ``a
Federal, State, or local government agency''.
[[Page 113 STAT. 293]]
(2) Reimbursement of local interests.--Any amounts paid by
non-Federal interests for beach erosion control, hurricane
protection, shore protection, or storm damage reduction projects
as a result of an assessment under section 8(k) of the Outer
Continental Shelf Lands Act (43 U.S.C. 1337(k)) shall be fully
reimbursed.
(c) Report <> on Shores of the United
States.--
(1) In general.--Not <> later than 3 years
after the date of enactment of this Act, the Secretary shall
report to Congress on the state of the shores of the United
States.
(2) Contents.--The report shall include--
(A) a description of--
(i) the extent of, and economic and
environmental effects caused by, erosion and
accretion along the shores of the United States;
and
(ii) the causes of such erosion and accretion;
(B) a description of resources committed by Federal,
State, and local governments to restore and renourish
shores;
(C) a description of the systematic movement of sand
along the shores of the United States; and
(D) recommendations regarding--
(i) appropriate levels of Federal and non-
Federal participation in shore protection; and
(ii) use of a systems approach to sand
management.
(3) Use of specific location data.--In developing the
report, the Secretary shall use data from specific locations on
the coasts of the Atlantic Ocean, Pacific Ocean, Great Lakes,
and Gulf of Mexico.
(d) National <> Coastal Data Bank.--
(1) Establishment of data <> bank.--Not
later than 2 years after the date of enactment of this Act, the
Secretary shall establish a national coastal data bank
containing data on the geophysical and climatological
characteristics of the shores of the United States.
(2) Content.--To the extent practicable, the national
coastal data bank shall include data regarding current and
predicted shore positions, information on federally authorized
shore protection projects, and data on the movement of sand
along the shores of the United States, including impediments to
such movement caused by natural and manmade features.
(3) Access.--The national coastal data bank shall be made
readily accessible to the public.
SEC. 216. FLOOD PREVENTION COORDINATION.
Section 206 of the Flood Control Act of 1960 (33 U.S.C. 709a) is
amended--
(1) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(2) by inserting after subsection (a) the following:
``(b) Flood Prevention Coordination.--The Secretary shall coordinate
with the Director of the Federal Emergency Management Agency and the
heads of other Federal agencies to ensure that flood control projects
and plans are complementary and integrated to the extent practicable and
appropriate.''.
[[Page 113 STAT. 294]]
SEC. 217. DISPOSAL OF DREDGED MATERIAL ON BEACHES.
(a) In General.--Section 145 of the Water Resources Development Act
of 1976 (33 U.S.C. 426j) is amended in the first sentence by striking
``50'' and inserting ``35''.
(b) Great Lakes <> Basin.--The Secretary
shall work with the State of Ohio, other Great Lakes States, and
political subdivisions of the States to fully implement and maximize
beneficial reuse of dredged material as provided under section 145 of
the Water Resources Development Act of 1976 (33 U.S.C. 426j).
(c) Bolivar Peninsula, Jefferson, Chambers, and Galveston Counties,
Texas.--The Secretary may design and construct a shore protection
project between the south jetty of the Sabine Pass Channel and the north
jetty of the Galveston Harbor Entrance Channel in Jefferson, Chambers,
and Galveston Counties, Texas, including beneficial use of dredged
material from Federal navigation projects as provided under section 145
of the Water Resources Development Act of 1976 (33 U.S.C. 426j).
(d) Galveston Beach, Galveston County, Texas.--The Secretary may
design and construct a shore protection project between the Galveston
South Jetty and San Luis Pass, Galveston County, Texas, using innovative
nourishment techniques, including beneficial use of dredged material
from Federal navigation projects as provided under section 145 of the
Water Resources Development Act of 1976 (33 U.S.C. 426j).
(e) Rollover Pass, Galveston County, Texas.--The Secretary may place
dredged material from the Gulf Intracoastal Waterway on the beaches
along Rollover Pass, Galveston County, Texas, to stabilize beach erosion
as provided under section 145 of the Water Resources Development Act of
1976 (33 U.S.C. 426j).
SEC. 218. ANNUAL PASSES FOR RECREATION.
Section 208(c)(4) of the Water Resources Development Act of 1996 (16
U.S.C. 460d-3 note; 110 Stat. 3681) is amended by striking ``later of
December 31, 1999, or the date of transmittal of the report under
paragraph (3)'' and inserting ``December 31, 2003''.
SEC. 219. NONSTRUCTURAL FLOOD CONTROL PROJECTS.
(a) Analysis of Benefits.--Section 308 of the Water Resources
Development Act of 1990 (33 U.S.C. 2318) is amended--
(1) in the heading of subsection (a), by inserting
``Exclusion of Elements From'' before ``Benefit-Cost'';
(2) by redesignating subsections (b) through (e) as
subsections (c) through (f), respectively;
(3) by inserting after subsection (a) the following:
``(b) Flood Damage Reduction Benefits.--
``(1) In general.--In calculating the benefits of a proposed
project for nonstructural flood damage reduction, the Secretary
shall calculate the benefits of the nonstructural project using
methods similar to those used for calculating the benefits of
structural projects, including similar treatment in calculating
the benefits from losses avoided.
``(2) Avoidance of double counting.--In carrying out
paragraph (1), the Secretary should avoid double counting of
benefits.''; and
(4) in subsection (d), by striking ``subsection (b)'' and
inserting ``subsection (c)''.
[[Page 113 STAT. 295]]
(b) Reevaluation <> of Flood Control
Projects.--At the request of a non-Federal interest for a flood control
project, the Secretary shall conduct a reevaluation of a project
authorized before the date of enactment of this Act to consider
nonstructural alternatives in light of the amendments made by subsection
(a).
(c) Cost Sharing.--Section 103(b) of the Water Resources Development
Act of 1986 (33 U.S.C. 2213(b)) is amended--
(1) by striking ``The non-Federal'' and inserting the
following:
``(1) In general.--The non-Federal''; and
(2) by adding at the end the following:
``(2) Non-federal contribution in excess of 35 percent.--At
any time during construction of a project, if the Secretary
determines that the costs of land, easements, rights-of-way,
dredged material disposal areas, and relocations for the
project, in combination with other costs contributed by the non-
Federal interests, will exceed 35 percent, any additional costs
for the project (not to exceed 65 percent of the total costs of
the project) shall be a Federal responsibility and shall be
contributed during construction as part of the Federal share.''.
SEC. 220. LAKES PROGRAM.
Section 602(a) of the Water Resources Development Act of 1986 (100
Stat. 4148; 110 Stat. 3758) is amended--
(1) in paragraph (14), by inserting ``and nutrient
monitoring'' after ``growth'';
(2) in paragraph (15), by striking ``and'' at the end;
(3) in paragraph (16), by striking the period at the end and
inserting a semicolon; and
(4) by adding at the end the following:
``(17) Clear Lake, Lake County, California, removal of silt
and aquatic growth and measures to address excessive
sedimentation and high nutrient concentration;
``(18) Flints Pond, Hollis, Hillsborough County, New
Hampshire, removal of silt and aquatic growth and measures to
address excessive sedimentation; and
``(19) Osgood Pond, Milford, Hillsborough County, New
Hampshire, removal of silt and aquatic growth and measures to
address excessive sedimentation.''.
SEC. 221. ENHANCEMENT OF FISH AND WILDLIFE RESOURCES.
Section 906(e) of the Water Resources Development Act of 1986 (33
U.S.C. 2283(e)) is amended by inserting after the second sentence the
following: ``Not more than 80 percent of the non-Federal share of such
first costs may be satisfied through in-kind contributions, including
facilities, supplies, and services that are necessary to carry out the
enhancement project.''.
SEC. 222. PURCHASE <> OF AMERICAN-MADE
EQUIPMENT AND PRODUCTS.
(a) In General.--It is the sense of Congress that, to the extent
practicable, all equipment and products purchased with funds made
available under this Act should be American made.
(b) Notice to Recipients of Assistance.--In providing financial
assistance under this Act, the Secretary, to the greatest extent
practicable, shall provide to each recipient of the assistance a notice
describing the statement made in subsection (a).
[[Page 113 STAT. 296]]
SEC. 223. CONSTRUCTION OF FLOOD CONTROL PROJECTS BY NON-FEDERAL
INTERESTS.
(a) In General.--Section 211(d) of the Water Resources Development
Act of 1996 (33 U.S.C. 701b-13(d)) is amended--
(1) in paragraph (1), by striking ``Any non-Federal interest
that has received from the Secretary pursuant to subsection (b)
or (c)'' and inserting the following:
``(A) Studies and design activities under subsection
(b).--
``(i) In general.--A non-Federal interest may
carry out construction for which studies and
design documents are prepared under subsection (b)
only if the Secretary approves the project for
construction.
``(ii) Criteria for approval.--The Secretary
shall approve a project for construction if the
Secretary determines that the project is
technically sound, economically justified, and
environmentally acceptable and meets the
requirements for obtaining the appropriate permits
required under the authority of the Secretary.
``(iii) No unreasonable withholding of
approval.--The Secretary shall not unreasonably
withhold approval of a project for construction.
``(iv) No effect on regulatory authority.--
Nothing in this subparagraph affects any
regulatory authority of the Secretary.
``(B) Studies and design activities under subsection
(c).--Any non-Federal interest that has received from
the Secretary under subsection (c)''; and
(2) in the first sentence of paragraph (2), by inserting
``(other than paragraph (1)(A))'' after ``this subsection''.
(b) Reimbursement.--
(1) In general.--Section 211(e)(1) of the Water Resources
Development Act of 1996 (33 U.S.C. 701b-13(e)(1)) is amended--
(A) in the matter preceding subparagraph (A), by
inserting after ``constructed pursuant to this section''
the following: ``and provide credit for the non-Federal
share of the project'';
(B) in subparagraph (A), by striking ``and'' at the
end;
(C) in subparagraph (B), by striking the period at
the end and inserting ``; and''; and
(D) by adding at the end the following:
``(C) if the construction work is substantially in
accordance with plans prepared under subsection (b).''.
(2) Special rules.--Section 211(e)(2)(A) of the Water
Resources Development Act of 1996 (33 U.S.C. 701b-13(e)(2)(A))
is amended--
(A) in the subparagraph heading, by inserting ``or
credit'' after ``Reimbursement'';
(B) by striking ``subject to amounts being made
available in advance in appropriations Acts'' and
inserting ``subject to the availability of
appropriations''; and
(C) by inserting after ``the cost of such work'' the
following: ``, or provide credit (depending on the
request of the non-Federal interest) for the non-Federal
share of such work,''.
[[Page 113 STAT. 297]]
(3) Schedule and manner of reimbursements.--Section 211(e)
of the Water Resources Development Act of 1996 (33 U.S.C. 701b-
13(e)) is amended by adding at the end the following:
``(6) Schedule and manner of reimbursement.--
``(A) Budgeting.--The Secretary shall budget and
request appropriations for reimbursements under this
section on a schedule that is consistent with a Federal
construction schedule.
``(B) Commencement of reimbursements.--
Reimbursements under this section may commence on
approval of a project by the Secretary.
``(C) Credit.--At the request of a non-Federal
interest, the Secretary may reimburse the non-Federal
interest by providing credit toward future non-Federal
costs of the project.
``(D) Scheduling.--Nothing in this paragraph affects
the discretion of the President to schedule new
construction starts.''.
SEC. 224. ENVIRONMENTAL DREDGING.
Section 312 of the Water Resources Development Act of 1990 (33
U.S.C. 1272) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``50'' and
inserting ``35''; and
(B) in paragraph (2), by striking ``$20,000,000''
and inserting ``$50,000,000'';
(2) in subsection (d), by striking ``non-Federal
responsibility'' and inserting ``shared as a cost of
construction''; and
(3) in subsection (f), by adding at the end the following:
``(6) Passaic River and Newark Bay, New Jersey.
``(7) Snake Creek, Bixby, Oklahoma.
``(8) Willamette River, Oregon.''.
SEC. 225. <> RECREATION USER FEES.
(a) Withholding of Amounts.--
(1) In general.--During fiscal years 1999 through 2002, the
Secretary may withhold from the special account established
under section 4(i)(1)(A) of the Land and Water Conservation Fund
Act of 1965 (16 U.S.C. 460l-6a(i)(1)(A)) 100 percent of the
amount of receipts above a baseline of $34,000,000 per each
fiscal year received from fees imposed at recreation sites under
the administrative jurisdiction of the Department of the Army
under section 4(b) of that Act (16 U.S.C. 460l-6a(b)).
(2) Use.--The amounts withheld shall be retained by the
Secretary and shall be available, without further Act of
appropriation, for expenditure by the Secretary in accordance
with subsection (b).
(3) Availability.--The amounts withheld shall remain
available until September 30, 2005.
(b) Use of Amounts Withheld.--In order to increase the quality of
the visitor experience at public recreational areas and to enhance the
protection of resources, the amounts withheld under subsection (a) may
be used only for--
(1) repair and maintenance projects (including projects
relating to health and safety);
(2) interpretation;
[[Page 113 STAT. 298]]
(3) signage;
(4) habitat or facility enhancement;
(5) resource preservation;
(6) annual operation (including fee collection);
(7) maintenance; and
(8) law enforcement related to public use.
(c) Availability.--Each amount withheld by the Secretary shall be
available for expenditure, without further Act of appropriation, at the
specific project from which the amount, above baseline, is collected.
SEC. 226. SMALL STORM DAMAGE REDUCTION PROJECTS.
Section 3 of the Act of August 13, 1946 (33 U.S.C. 426g), is amended
by striking ``$2,000,000'' and inserting ``$3,000,000''.
SEC. 227. <> USE OF PRIVATE ENTERPRISES.
(a) In General.--The Secretary shall comply with the requirements of
the Federal Activities Inventory Reform Act of 1998 (31 U.S.C. 501 note;
Public Law 105-270).
(b) Compliance With Other Law.--
(1) Inventory and review.--In carrying out this section, the
Secretary shall inventory and review all activities that are not
inherently governmental in nature in accordance with the Federal
Activities Inventory Reform Act of 1998.
(2) Architectural and engineering services.--Any review and
conversion by the Secretary to performance by private enterprise
of an architectural or engineering service (including a
surveying or mapping service) shall be carried out in accordance
with title IX of the Federal Property and Administrative (continued)