Authorizes implementation, at specified total costs, of certain pilot projects and other projects included in the Plan. Authorizes the Secretary of the Army to implement modifications to the CSF Project that are consistent with the Plan and that will produce independent and substantial restoration, preservation, or protection benefits to the ecosystem, provided that the total cost of each project accomplished under such authority shall not exceed $35 million and the total Federal cost of all such projects shall not exceed $250 million. Requires a specific authorization of Congress for all other future projects included the Plan.
Directs the Secretary to establish a program to ensure that socially and economically disadvantaged individuals within the South Florida ecosystem are informed of the Plan, given the opportunity to review and comment on each project feature, provided opportunities to participate as a small business concern contractor, and given opportunities for employment or internships in emerging industry sectors. Requires the Secretary to establish a goal that not less than ten percent of the amounts made available for construction of projects be expended with small business concerns owned and controlled by such individuals within the ecosystem.
Requires the Secretary: (1) to dedicate and manage the water made available from project features for the temporal and spatial needs of the natural system; and (2) after notice and opportunity for public comment and with the concurrence of the Secretary of the Interior, to issue programmatic regulations identifying the amount of water to be dedicated and managed. Requires that such regulations be completed within two years of the date of enactment of this Act.
Requires the Secretary, after notice and opportunity for public comment, to develop project feature specific regulations to ensure that the benefits anticipated from each feature are achieved and maintained.
Requires Secretary to ensure that Plan implementation, including physical or operational modifications to the CSF Project, does not cause substantial adverse impacts on existing legal water uses, including annual water deliveries to Everglades National Park, water for the preservation of fish and wildlife in the natural system, and other legal uses. Prohibits the Secretary from eliminating existing legal sources of water supply until new sources of comparable quantity and quality are available.
Requires the Secretary and the Secretary of Interior to jointly submit to Congress a report on Plan implementation beginning on October 1, 2005 and periodically thereafter (but at least every five years) until October 1, 2036.
(Sec. 4) Amends the Water Resources Development Act of 1986 to replace provisions for the study of water resources needs of river basins and regions with provisions for the assessment of such needs, including cost sharing requirements. Authorizes appropriations.
(Sec. 5) Directs the Secretary to carry out a program to provide assistance to non-Federal interests in the remediation and restoration of abandoned or idled industrial and commercial sites where such assistance will improve the quality, conservation, and sustainable use of the nation's streams, rivers, lakes, wetlands, and floodplains. Authorizes appropriations.
(Sec. 6) Authorizes the Secretary, in cooperation with federally recognized Indian tribes and other Federal agencies, to study and determine the feasibility of implementing water resources development projects that will substantially benefit Indian tribes and that are located primarily within Indian country or in proximity to Alaska Native villages. Authorizes appropriations.
(Sec. 7) Amends the Water Resources Development Act of 1986 to apply ability to pay requirements relating to flood control or agricultural water supply projects to cost sharing agreements for a feasibility study or for construction of an environmental protection and restoration project.
(Sec. 8) Authorizes the Secretary to implement a program to reduce vandalism and destruction of property at water resources development projects.
(Sec. 9) Authorizes the Secretary to participate in the National Recreation Reservation Service on an interagency basis and fund the Department of the Army's share of those activities required for implementing, operating, and maintaining such Service.
(Sec. 10) Amends the Water Resources Development Act of 1986 to: (1) provide that activities currently performed by personnel under the direction of the Secretary in connection with the operation and maintenance of hydroelectric power generating facilities at Army Corps of Engineers water resources projects are to be considered as inherently governmental functions and not as commercial activities where such activities require specialized training related to hydroelectric power generation; and (2) subject such activities to specified labor standards.
(Sec. 11) Amends such Act to increase funding for the Secretary to engage in interagency and international support activities to address problems of national significance to the United States.
(Sec. 12) Authorizes the Secretary: (1) to identify and set aside areas at civil works projects that may be used to re-inter Native American remains that have been discovered on project lands and which have been rightfully claimed by a lineal descendant or Indian tribe; (2) in consultation and consent with the lineal descendant or the respective Indian tribe, to recover and re-bury the remains at such sites at full Federal expense; and (3) to transfer to such Indian Tribe the land for use as a cemetery.
(Sec. 13) Amends the Rivers and Harbors Appropriation Act of 1899 to provide that the approval required of the location and plans, or any modification of plans, for any dam or dike, applies only to any dam or dike that would completely span a waterway currently used to transport interstate or foreign commerce when existing commerce could be adversely affected.
(Sec. 14) Amends the Water Resources Development Act of 1986 to revise cost sharing requirements with respect to the non-Federal share of the cost of a structural project assigned to flood control.
(Sec. 15) Authorizes the Secretary to participate with the appropriate Federal and State agencies in the planning and management activities associated with the CALFED Bay Delta Program and to integrate the activities of the Corps of Engineers in the San Joaquin and Sacramento River basins with the long-term goals of the Program. Allows the Secretary to accept and expend funds from other Federal agencies and non- Federal public, private, and non-profit entities to carry out ecosystem restoration projects and activities associated with such Program and to enter into contracts, cooperative research and development agreements, and cooperative agreements with Federal agencies and such entities in carrying out these projects and activities. Authorizes appropriations.
(Sec. 16) Amends the Water Resources Development Act of 1986 to revise provisions governing water resources project de-authorizations. Requires the Secretary to transmit to Congress annually a list of projects that have been authorized for construction: (1) but for which no appropriations have been obligated during the four preceding fiscal years; and (2) for which construction funds have been obligated in the past but for which no appropriations have been obligated for construction during the two previous consecutive fiscal years. Requires any authorized project to be de-authorized: (1) after seven years after its most recent authorization unless construction funds have been obligated; or (2) if construction funds have been obligated but no new construction appropriations have been obligated during five subsequent fiscal years.
(Sec. 17) Requires that the guidelines for the preparation of floodplain management plans also require non-Federal interests to take measures to preserve the level of flood protection provided by the project for which required compliance with Federal floodplain management and flood insurance programs applies.
(Sec. 18) Authorizes the Secretary to conduct a feasibility study in cooperation with the Secretary of the Interior, the States of South and North Dakota of the affected interest, and with the affected Indian tribes, for the transfer of land that was acquired by the Secretary for the implementation of the Pick-Sloan Missouri River basin program and that is located within the reservations of the Three Affiliated Tribes of the Fort Berthold Reservation, ND, the Standing Rock Sioux Tribe of North and South Dakota, the Crow Creek Sioux Tribe of the Crow Creek Reservation, SD, the Yankton Sioux Tribe of South Dakota, and the Flandreau Santee Sioux Tribe of South Dakota, to the Secretary of the Interior to be held in trust for the benefit of such Indian tribes.
(Sec. 19) Authorizes the Secretary to participate in Critical Restoration Projects in the area of Puget Sound and its adjacent waters, including the watersheds that drain directly into the Sound, Admiralty Inlet, Hood Canal, Rosario Strait, and the eastern portion of the Strait of Juan de Fuca. Authorizes appropriations.
[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2437 Introduced in Senate (IS)]
106th CONGRESS
2d Session
S. 2437
To provide for the conservation and development of water and related
resources, to authorize the Secretary of the Army to construct various
projects for improvements to rivers and harbors of the United States,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 13, 2000
Mr. Smith of New Hampshire (for himself and Mr. Baucus) (by request)
introduced the following bill; which was read twice and referred to the
Committee on Environment and Public Works
_______________________________________________________________________
A BILL
To provide for the conservation and development of water and related
resources, to authorize the Secretary of the Army to construct various
projects for improvements to rivers and harbors of the United States,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Water Resources
Development Act of 2000''.
(b) Table of Contents.--
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Comprehensive Everglades Restoration Plan.
Sec. 4. Watershed and river basin assessments.
Sec. 5. Brownfields Revitalization Program.
Sec. 6. Tribal Partnership Program.
Sec. 7. Ability to pay.
Sec. 8. Property Protection Program.
Sec. 9. National Recreation Reservation Service.
Sec. 10. Operation and maintenance of hydroelectric facilities.
Sec. 11. Interagency and international support.
Sec. 12. Reburial and transfer authority.
Sec. 13. Amendment to Rivers and Harbors Act.
Sec. 14. Structural flood control cost-sharing.
Sec. 15. CALFED Bay Delta Program assistance.
Sec. 16. Project de-authorizations.
Sec. 17. Floodplain management requirements.
Sec. 18. Transfer of project lands.
Sec. 19. Puget Sound and adjacent waters restoration.
SEC. 2. DEFINITION OF SECRETARY.
In this Act, the term ``Secretary'' means the Secretary of the
Army.
SEC. 3. COMPREHENSIVE EVERGLADES RESTORATION PLAN.
(a) Definitions.--In this section, the following definitions apply:
(1) Central and southern florida project.--The term
``Central and Southern Florida Project'' means the project for
Central and Southern Florida authorized under the heading
``CENTRAL AND SOUTHERN FLORIDA'' in section 203 of the Flood
Control Act of 1948 (62 Stat. 1176), any modification to the
project authorized by law, or modified by the Comprehensive
Everglades Restoration Plan.
(2) South florida ecosystem.--The term ``South Florida
ecosystem'' means the area consisting of the lands and waters
within the boundary, existing on July 1, 1999, of the South
Florida Water Management District, including the Everglades
ecosystem, the Florida Keys, Biscayne Bay, Florida Bay, and
other contiguous near-shore coastal waters of South Florida.
(3) Comprehensive everglades restoration plan.--The term
``Comprehensive Everglades Restoration Plan'' means the plan
contained in the ``Final Feasibility Report and Programmatic
Environmental Impact Statement'', April 1999, as transmitted to
the Congress by the July 1, 1999, letter of the Assistant
Secretary of the Army for Civil Works pursuant to section 528
of the Water Resources Development Act of 1996 (110 Stat 3767).
(4) Natural system.--The term ``natural system'' means all
federally or State-managed lands and waters within the South
Florida ecosystem, including the water conservation areas,
Everglades National Park, Big Cypress National Preserve, and
other federally or State-designated conservation lands, and
other lands that create or contribute to habitat supporting
native flora and fauna.
(b) Findings.--The Congress finds that:
(1) The Everglades is an American treasure. In its natural
state, the South Florida ecosystem was connected by the flow of
fresh water from the Kissimmee River to Lake Okeechobee--south
through vast freshwater marshes known as the Everglades--to
Florida Bay, and on to the coral reefs of the Florida Keys. The
South Florida ecosystem covers approximately 18,000 square
miles and once included a unique and biologically productive
region, supporting vast colonies of wading birds, a mixture of
temperate and tropical plant and animal species, and teeming
coastal fisheries and North America's only barrier coral reef.
The South Florida ecosystem is endangered as a result of
adverse changes in the quantity, distribution, and timing of
flows and degradation of water quality. The Everglades alone
has been reduced in size by approximately 50 percent.
Restoration of this nationally and internationally recognized
ecosystem, including America's Everglades is in the Nation's interest.
(2) The Central and Southern Florida Project plays an
important role in the economy of south Florida by providing
flood protection and water supply to agriculture and the
residents of south Florida and providing water to the water
conservation areas, Everglades National Park and other natural
areas for the purpose of preserving fish and wildlife
resources. The population of the region is expected to continue
to grow, further straining the ability of the existing Central
and Southern Florida Project to meet the needs of the natural
system and the people of south Florida.
(3) Modifications to the Central and Southern Florida
Project are needed to restore, preserve, and protect the South
Florida ecosystem, including the Everglades, while continuing
to provide for the water related needs of the region, including
flood protection and other objectives served by the Project.
(4) The Comprehensive Everglades Restoration Plan is
scientifically and economically sound plan that modifies the
Central and Southern Florida Project to restore, preserve and
protect the South Florida ecosystem. By storing most of the
water currently discharged to the Atlantic Ocean and Gulf of
Mexico, ensuring the quality of water discharged into the South
Florida ecosystem from project features, and removing internal
levees and canals in the Everglades, the Comprehensive
Everglades Restoration Plan provides the roadmap for the
recovery of a healthy, sustainable ecosystem as well as
providing for the other water-related needs of the region,
including flood protection, the enhancement of water supplies,
and other objectives served by the Central and Southern Florida
Project.
(5) The comprehensive, system-wide nature of the
Comprehensive Everglades Restoration Plan and the linkage of
the elements of the plan to each other must be preserved not
only during the over 25-year period that will be necessary for
its implementation, but for as long as the project remains
authorized. Implementation must proceed in a programmatic
manner using the principles of adaptive assessment as outlined
in the Comprehensive Everglades Restoration Plan.
(6) The Comprehensive Everglades Restoration Plan contains
a number of components that will benefit Everglades National
Park, Biscayne National Park, Florida Keys National Marine
Sanctuary, Big Cypress National Preserve, Ten Thousand Islands
National Wildlife Refuge, and Loxahatchee National Wildlife
Refuge by significantly improving the quantity, quality,
timing, and distribution of water delivered to these Federal
areas. Improved water deliveries will also provide benefits to
federally-listed threatened and endangered species.
(7) The Congress, the Federal Government, and the State of
Florida have, in prior legislation, recognized the need to
restore, preserve, and protect the South Florida ecosystem.
These on-going efforts are important to the success of the
Comprehensive Everglades Restoration Plan. Since the creation
of the South Florida Ecosystem Restoration Task Force in 1993,
the Federal Government has been working in partnership with
tribal, State, and local governments, the private sector, and
individual citizens to accomplish restoration of the South
Florida ecosystem. It is important for the long-term
restoration of this ecosystem that these efforts, including the
South Florida Ecosystem Restoration Task Force, be continued
and strengthened. The State with its financial responsibilities
for project implementation and capabilities in the planning,
design, construction, and operation of the Comprehensive
Everglades Restoration Plan, must be a full partner with the
Federal Government.
(c) Comprehensive Everglades Restoration Plans.--
(1) In general.--Congress hereby approves the Comprehensive
Everglades Restoration Plan to modify the Central and Southern
Florida Project to restore, preserve, and protect the South
Florida ecosystem. These changes are necessary in order to
ensure that the Central and Southern Florida Project as amended
provides for the improvement and protection of water quality
in, and the reduction of the loss of fresh water from, the
South Florida ecosystem, as well as providing for the water
related needs of the region, including flood protection, the
enhancement of water supplies, and other objectives served by
the Central and Southern Florida Project.
(2) Specific authorizations.--
(A) In general--Those projects included in the
Comprehensive Everglades Restoration Plan and specified
in paragraphs (B) and (C) are authorized to be carried
out by the Secretary substantially in accordance with
the plans, and subject to the conditions described in
the Central and Southern Florida Project: Comprehensive
Review Study Report of the Chief of Engineers dated
June 22, 1999.
(B) Pilot projects.--The following pilot projects
are authorized for implementation, after review and
approval by the Secretary, at a total cost of $69,000,000, with an
estimated Federal cost of $34,500,000 and an estimated non-Federal cost
of $34,500,000:
(i) Caloosahatchee River (C-43) Basin ASR
($6,000,000);
(ii) Lake Belt In-Ground Reservoir
Technology ($23,000,000);
(iii) L-31N Seepage Management
($10,000,000); and,
(iv) Wastewater Reuse Technology
($30,000,000).
(C) Other projects.--The following projects are
authorized at a total cost of $1,100,918,000, with an
estimated Federal cost of $550,459,000 and an estimated
non-Federal cost of $550,459,000. Prior to
implementation of projects (1) through (10), the
Secretary shall review and approve a Project
Implementation Report prepared in accordance with
subsection (g).
(i) C-44 Basin Storage Reservoir
($112,562,000);
(ii) Everglades Agricultural Area Storage
Reservoirs--Phase I ($233,408,000);
(iii) Site 1 Impoundment ($38,535,000);
(iv) Water Conservation Areas 3A/3B Levee
Seepage Management ($100,335,000);
(v) C-11 Impoundment and Stormwater
Treatment Area ($124,837,000);
(vi) C-9 Impoundment and Stormwater
Treatment Area ($89,146,000);
(vii) Taylor Creek/Nubbin Slough Storage
and Treatment Area ($104,027,000);
(viii) Raise and Bridge East Portion of
Tamiami Trail and Fill Miami Canal within Water
Conservation Area 3 ($26,946,000);
(ix) North New River Improvements
($77,087,000);
(x) C-111 Spreader Canal ($94,035,000); and
(xi) Adaptive Assessment and Monitoring
Program (10 years) ($100,000,000).
(d) Additional Program Authority.--In order to expedite
implementation of the Comprehensive Everglades Restoration Plan, the
Secretary is authorized to implement modifications to the Central and
Southern Florida Project that are consistent with the Comprehensive
Everglades Restoration Plan and that will produce independent and
substantial restoration, preservation, or protection benefits to the
South Florida ecosystem; provided that the total Federal cost of each
project accomplished under this authority shall not exceed $35,000,000;
and provided further that the total Federal cost of all the projects
accomplished under this authority shall not exceed $250,000,000. Prior
to implementation of any project authorized under this subsection, the
Secretary shall review and approve a Project Implementation Report
prepared in accordance with subsection (g).
(e) Authorization of Future Project Features.--Except for those
projects authorized in subsections (c) and (d), all future projects
included in the Comprehensive Everglades Restoration Plan shall require
a specific authorization of Congress. Prior to authorization, the
Secretary shall transmit such projects to Congress along with a Project
Implementation Report prepared in accordance with subsection (g).
Further, such projects, if authorized, shall be implemented pursuant to
subsection (i) of this section.
(f) Cost Sharing.--
(1) In general.--The non-Federal share of the cost of
implementing projects authorized under subsections (c), (d),
and (e) shall be 50 percent. The non-Federal sponsor shall be
responsible for all lands, easements, rights-of-way, and
relocations and shall be afforded credit toward the non-Federal
share in accordance with paragraph (3)(A). The non-Federal
sponsor may accept Federal funding for the purchase of the
necessary lands, easements, rights-of-way or relocations,
provided that such assistance is credited toward the Federal
share of the cost of the project.
(2) Operation and maintenance.--Notwithstanding section
528(e)(3) of the Water Resources Development Act of 1996, the
non-Federal sponsor shall be responsible for 60 percent of the
operation, maintenance, repair, replacement, and rehabilitation
cost of activities authorized under this section.
(3) Credit and reimbursement.--
(A) Lands.--Regardless of the date of acquisition,
the value of lands or interests in land acquired by
non-Federal interests for any activity required in this
section shall be included in the total cost of the
activity and credited against the non-Federal share of
the cost of the activity. Such value shall be
determined by the Secretary.
(B) Work.--The Secretary may provide credit,
including in-kind credit, to or reimburse the non-
Federal project sponsor for the reasonable cost of any
work performed in connection with a study or activity
necessary for the implementation of the Comprehensive
Everglades Restoration Plan if the Secretary determines that the work
is necessary and the credit or reimbursement is granted for work
completed during the period of design or implementation pursuant to an
agreement between the Secretary and the non-Federal sponsor that
prescribes the terms and conditions of the credit or reimbursement.
(C) Audits.--Credit or reimbursement for land or
work granted under this subsection shall be subject to
audit by the Secretary.
(g) Evaluation of Project Features.--
(1) In general.--Prior to implementation of project
features authorized in subsection (c)(2)(C)(1) through
(c)(2)(C)(10) and subsection (d), the Secretary, in cooperation
with the non-Federal sponsor, shall, after notice and
opportunity for public comment, complete Project Implementation
Reports to address the project(s) cost effectiveness,
engineering feasibility, and potential environmental impacts,
including National Environmental Policy Act compliance. The
Secretary shall coordinate with appropriate Federal, tribal,
state and local governments during the development of such
reports and shall identify any additional water that will be
made available for the natural system, existing legal users,
and other water related needs of the region. Further, such
reports shall ensure that each project feature is consistent
with the programmatic regulations issued pursuant to subsection
(i).
(2) Project justification.--Notwithstanding section 209 of
the Flood Control Act of 1970 (42 U.S.C. 1962-2) or any other
provision of law regarding economic justification, in carrying
out activities authorized in accordance with subsections (c),
(d), and (e), the Secretary may determine that activities are
justified by the environmental benefits derived by the South
Florida ecosystem in general and the Everglades and Florida Bay
in particular, and shall not need further economic
justification if the Secretary determines that the activities
are cost effective.
(h) Socially and Economically Disadvantaged Individuals.--
(1) In general.--Socially and economically disadvantaged
individuals and communities make up a large portion of the
South Florida ecosystem and have legitimate interests in the
implementation of the Comprehensive Everglades Restoration
Plan. Further, such groups have not, in some cases, been given
the opportunity to understand and participate fully in the
development of water resources projects. As provided in this
subsection, the Secretary shall ensure that impacts on socially
and economically disadvantaged individuals are considered
during the implementation of the Comprehensive Everglades
Restoration Plan and that such individuals have opportunities
to review and comment on its implementation.
(2) Definitions.--In this subsection, the following
definitions apply:
(A) Small business concern.--The term ``small
business concern'' has the meaning such term has under
section 3 of the Small Business Act (15 U.S.C. 632).
(B) Socially and economically disadvantaged
individuals.--The term ``socially and economically
disadvantaged individuals'' has the meaning such term
has under section 8(d) of the Small Business Act (15
U.S.C. 637(d)) and relevant subcontracting regulations
promulgated pursuant thereto.
(3) Program for socially and economically disadvantaged
individuals.--The Secretary shall establish a program to ensure
that socially and economically disadvantaged individuals within
the South Florida ecosystem are informed of the Comprehensive
Everglades Restoration Plan, given the opportunity to review
and comment on each project feature, provided opportunities to
participate as a small business concern contractor, and given
opportunities for employment or internships in emerging
industry sectors.
(4) Contracts to businesses owned by socially and
economically disadvantaged individuals.--The Secretary shall
establish a goal that not less than 10 percent of the amounts
made available for construction of projects authorized pursuant
to subsections (c), (d), and (e), shall be expended with small
business concerns owned and controlled by socially and
economically disadvantaged individuals within the South Florida
ecosystem.
(i) Assuring Project Benefits.--
(1) In general.--The primary and overarching purpose of the
Comprehensive Everglades Restoration Plan is to restore,
preserve and protect the natural system within the South
Florida ecosystem. The Comprehensive Everglades Restoration
Plan shall be implemented to ensure the protection of water
quality in, the reduction of the loss of fresh water from, and
the improvement of the environment of the South Florida
ecosystem, while providing for other water-related needs of the
region, including water supply and flood protection. The
Central and Southern Florida Project, as amended by the
Comprehensive Everglades Restoration Plan, shall be implemented
in a manner that ensures that the benefits to the
natural system and the human enviornment, including the proper
quantity, quality, timing and distribution of water, are achieved and
maintained for as long as the Central and Southern Florida Project
remains authorized. When implemented fully, the approximately 68
features of the Comprehensive Everglades Restoration Plan will result
in modifications to the existing Central and Southern Florida Project
works that shall provide the water necessary to restore, preserve and
protect the natural system while providing for other water related
needs of the region. The Secretary shall ensure that both the natural
system and the human environment receive the benefits intended when
such modifications to the Central and Southern Florida project are made
pursuant to the Comprehensive Everglades Restoration Plan and previous
Acts of Congress.
(2) Dedication and management of water.--
(A) In general.--Consistent with subsection
(i)(2)(B), the Secretary shall dedicate and manage the
water made available from the Central and Southern
Florida Project features authorized, constructed, and
operated in accordance with previous Acts of Congress
and this Act authorizing the implementation of features
of the Comprehensive Everglades Restoration Plan, for
the temporal and spatial needs of the natural system.
The needs of the natural system and the human
environment shall be defined in terms of quality,
quantity, timing and distribution of water. In
developing the regulations that provide for the
dedication and management of water for the natural
system in accordance with this subsection, the
Secretary shall incorporate rainfall driven operational
criteria and annual fluctuations in rainfall.
(B) Programmatic regulations.--The Secretary shall,
after notice and opportunity for public comment and
with the concurrence of the Secretary of the Interior,
and in consultation with the Secretary of Commerce, the
Administrator of the Environmental Protection Agency
and the Governor of the State of Florida, issue
programmatic regulations identifying the amount of
water to be dedicated and managed for the natural
system from the Central and Southern Florida Project
features authorized, constructed, and operated in
accordance with previous acts of Congress and this Act
through the implementation of the Comprehensive
Everglades Restoration Plan features. Such regulations
shall be completed within two years of the date of
enactment of this Act. These regulations shall ensure
that the natural system and the human environment
receive the benefits intended, including benefits for
the restoration, preservation, and protection of the
natural system, as the Comprehensive Everglades
Restoration Plan is implemented and incorporated into
the Central and Southern Florida Project for as long as
the project remains authorized. Nothing in this Act
shall prevent the State of Florida from reserving water
for environmental uses under the 1972 Florida Water
Resources Act to the extent consistent with this
section.
(C) Project specific regulations.--The Secretary,
after notice and opportunity for public comment, and in
consultation with the Secretary of the Interior,
Secretary of Commerce, the Administrator of the
Environmental Protection Agency, other Federal
agencies, and the State of Florida shall develop
project feature specific regulations to ensure that the
benefits anticipated from each feature of the
Comprehensive Everglades Restoration Plan are achieved
and maintained as long as the project remains
authorized. Each such regulation shall be consistent
with the programmatic regulations issued pursuant to
subsection (i)(2)(B), be based on the best available
science, and ensure that the quantity, quality, timing,
and distribution of water for the natural system and
the human environment anticipated in the Comprehensive
Plan for each project feature is achieved and
maintained.
(3) Existing water uses.--The Secretary shall ensure that the
implementation of the Comprehensive Everglades Restoration
Plan, including physical or operational modifications to the
Central and Southern Florida Project, does not cause
substantial adverse impacts on existing legal water uses,
including annual water deliveries to Everglades National Park,
water for the preservation of fish and wildlife in the natural
system, and other legal uses as of the date of enactment of
this Act. The Secretary shall not eliminate existing legal
sources of water supply, including those for agricultural water
supply, water for Everglades National Park and the preservation
of fish and wildlife, until new sources of water supply of
comparable quantity and quality are available to replace the
water to be lost from existing sources. Existing authorized
levels of flood protection will be maintained.
(j) Report to Congress.--Beginning on October 1, 2005, and
periodically thereafter until October 1, 2036, the Secretary and the
Secretary of the Department of the Interior, in consultation with the
Environmental Protection Agency, the Department of Commerce and the
State of Florida, shall jointly submit to Congress a report on the
implementation of the Comprehensive Everglades Restoration Plan. Such
reports shall be completed no less than every five years. Such reports
shall include a description of planning, design, and construction work
completed, the amount of funds expended during the period covered by
the report, and the work anticipated over the next five-year period. In
addition, each report shall include the determination of each
Secretary, and the Administrator of the Environmental Protection
Agency, concerning the benefits to the natural system and the human
environment achieved as of the date of the report and whether the
completed features of the Comprehensive Everglades Restoration Plan are
being operated in a manner that is consistent with the programmatic
regulations established under subsection (i)(2)(B).
SEC. 4. WATERSHED AND RIVER BASIN ASSESSMENTS.
Section 729 of Public Law 99-662 (100 Stat. 4164) is amended by--
(1) striking ``STUDY OF WATER RESOURCES NEEDS OF RIVER
BASINS AND REGIONS.'' and all that follows, and
(2) inserting in lieu thereof:
``WATERSHED AND RIVER BASIN ASSESSMENTS.
``(a) In General.--The Secretary is authorized to assess the water
resources needs of river basins and watersheds of the United States.
Such assessments shall be undertaken in cooperation and coordination
with the Departments of the Interior, Agriculture and Commerce, the
Environmental Protection Agency, and other appropriate agencies, and
may include an evaluation of ecosystem protection and restoration,
flood damage reduction, navigation and port needs, watershed
protection, water supply, and drought preparedness.
``(b) Consultation.--The Secretary shall consult with Federal,
tribal, State, interstate, and local governmental entities in carrying
out the assessments authorized by this section. In conducting such
assessments, the Secretary may accept contributions of services,
materials, supplies and cash from Federal, tribal, State, interstate,
and local governmental entities where the Secretary determines that
such contributions will facilitate completion of the assessments.
``(c) Cost Sharing Requirements.--The non-Federal share of the cost
of an assessment conducted under this section shall be 25 percent of
the cost of such assessment. The non-Federal sponsor may provide the
non-Federal cost-sharing requirement through the provision cash or
services, materials, supplies, or other in-kind services. In no event
shall such credit exceed the non-Federal requirement share of costs for
the assessment.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $15,000,000.''.
SEC. 5. BROWNFIELDS REVITALIZATION PROGRAM.
(a) General.--The Secretary shall, in consultation with the
Environmental Protection Agency and other appropriate agencies, carry
out a program to provide assistance to non-Federal interests in the
remediation and restoration of abandoned or idled industrial and
commercial sites where such assistance will improve the quality,
conservation, and sustainable use of the Nation's streams, rivers,
lakes, wetlands, and floodplains. Assistance may be in the form of site
characterizations, planning, design, and construction projects. To the
maximum extent practicable, projects implemented by the Secretary under
this section will be done in cooperation and coordination with other
Federal, tribal, State, and local efforts to maximize resources
available for the remediation, restoration, and redevelopment of
brownfield sites.
(b) Justification for Assistance.--Nothwithstanding any economic
justification provision or requirement of section 209 of the Flood
Control Act of 1970 (42 U.S.C. 1962-2) or economic justification
provision of any other law, the Secretary may determine that the
assistance projects authorized by subsection (a)--
(1) is justified by the public health and safety, and
environmental benefits; and
(2) shall not need further economic justification if the
Secretary determines that the assistance is cost effective.
(c) Cost Sharing.--
(1) In general.--Prior to implementing any assistance
project under this section, the Secretary shall enter into a
binding agreement with the non-Federal interest, which shall
require the non-Federal interest to: (a) pay 50 percent of the
total costs of the assistance project; (b) acquire and place in
public ownership for so long as is necessary to implement and
complete the assistance project any lands, easements, right-of-
way, and relocations necessary for implementation and
completion of the assistance project; (c) pay 100 percent of
any operation, maintenance, repair, replacement, and
rehabilitation costs associated with the assistance project;
and (d) hold and save harmless the United States free from
claims or damages due to implementation of the assistance
project, except for the negligence of the Government or its
contractors.
(2) Credit.--The non-Federal interest shall receive credit
for the value of any lands, easements, rights-of-way, and
relocations provided for implementation and completion of such
assistance project. The Secretary also may afford credit to a
non-Federal interest for services, studies, supplies, and other
in-kind consideration where the Secretary determines that such
services, studies, supplies, and other in-kind consideration
will facilitate completion of the assistance project. In no
event shall such credit exceed the 50 percent non-Federal cost-
sharing requirement.
(d) Applicability of Other Federal and State Laws.--Nothing in this
section shall be construed as waiving, limiting, or otherwise affecting
the applicability of any provision of Federal or State law.
(e) Project Cost Limitation.--Not more than $5,000,000 in Army
Civil Works Appropriations funds may be allotted under this section at
any single site.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $25,000,000 for each fiscal year
from 2002 through 2005.
(g) Program Evaluation.--Not later than December 31, 2005, the
Secretary shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate a report that discusses the
program's performance objectives and evaluates its effectiveness in
achieving them, along with any recommendations concerning continuation
of the program.
SEC. 6. TRIBAL PARTNERSHIP PROGRAM.
(a) In General.--The Secretary is authorized, in cooperation with
federally recognized Indian tribes and other Federal agencies, to study
and determine the feasibility of implementing water resources
development projects that will substantially benefit Indian tribes, and
are located primarily within Indian country, as defined in 18 U.S.C.
1151, or in proximity to Alaska Native villages. Studies conducted
under this authority may address, but are not limited to, projects for
flood damage reduction, environmental restoration and protection, and
preservation of cultural and natural resources.
(b) Consultation and Coordination.--The Secretary shall consult
with the Secretary of the Interior on studies conducted under this
section in recognition of the unique role of the Secretary of the
Interior regarding trust responsibilities with Indian tribes, and in
recognition of mutual trust responsibilities. The Secretary shall
integrate Army Civil Works activities with activities of the Department
of the Interior to avoid conflicts, duplications of effort, or
unanticipated adverse effects to Indian tribes, and shall consider
existing authorities and programs of the Department of the Interior and
other Federal agencies in any recommendations regarding implementation
of project studied under this section.
(c) Ability To Pay.--Any cost-sharing agreement for a study under
this section shall be subject to the ability of a non-Federal interest
to pay. The ability of any non-Federal interest to pay shall be
determined by the Secretary in accordance with procedures established
by the Secretary.
(d) Credits.--For such studies conducted under this section, the
Secretary may afford credit to the tribe for services, studies,
supplies, and other in-kind consideration where the Secretary
determines that such services, studies, supplies, and other in-kind
consideration will facilitate completion of the project. In no event
shall such credit exceed the tribe's required share of costs for the
study.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out subsection (a) of this section $5,000,000 for
each fiscal year, for fiscal years 2002 through 2006. Not more than
$1,000,000 in Army Civil Works appropriations may be allotted under
this section for any one tribe.
(f) Definition.--For the purposes of this section the term ``Indian
tribe'' means any tribe, band, nation, or other organized group or
community of Indians, including any Alaska Native village (as defined
in, or established pursuant to, the Alaska Native Claims Settlement Act
(43 U.S.C.A. Sec. 1601 et seq.) which is recognized as eligible for the
special programs and services provided by the United States to Indians
because of their status as Indians.
SEC. 7. ABILITY TO PAY.
Section 103(m) of Public Law 99-662 (33 U.S.C. 2213(m), as amended)
is amended by:
(1) deleting subsection (1) in its entirety and inserting
in lieu thereof the following language:
``(1) In general.--Any cost-sharing agreement under this
section for a feasibility study or for construction of an
environmental protection and restoration or flood control
project, or for construction of an agricultural water supply
project, shall be subject to the ability of a non-Federal
interest to pay.'';
(2) deleting subsection (2) in its entirety and inserting
in lieu thereof the following language:
``(2) Criteria and procedures.--The ability of a non-
Federal interest to pay shall be determined by the Secretary in
accordance with criteria and procedures in effect on the day
before the date of the enactment of the Water Resources
Development Act of 2000; except that such criteria and
procedures shall be revised, and new criteria and procedures be
developed, within 18 months after such date of enactment to
reflect the requirements of paragraph (3) of section 202(b) of
the Water Resources Development Act of 1996 (110 STAT.
3674).'';
(3) adding the word ``and'' at the end of subsection
(3)(A)(ii);
(4) deleting subsection (3)(B) in its entirety; and
(5) deleting subsection (3)(C) in its entirety and
inserting in lieu thereof the following language:
``(B) may consider additional criteria relating to
the non-Federal interest's financial ability to carry
out its cost-sharing responsibilities, or relating to
additional assistance that may be available from other
Federal or State sources.''.
SEC. 8. PROPERTY PROTECTION PROGRAM.
(a) In General.--The Secretary is authorized to implement a program
to reduce vandalism and destruction of property at water resources
development projects under the jurisdiction of the Department of the
Army. In carrying out the program the Secretary may provide rewards to
individuals who provide information or evidence leading to the arrest
and prosecution of individuals causing damage to Federal property,
including the payment of cash rewards.
(b) Authorization of Appropriations.--There is authorized to be
appropriated $500,000 annually to carry out this section.
SEC. 9. NATIONAL RECREATION RESERVATION SERVICE.
Notwithstanding section 611 of the Omnibus Consolidated and Emergency
Supplemental Appropriations Act, 1999 Public Law 105-277), the
Secretary may participate in the National Recreation Reservation
Service on an interagency basis and-fund the Department of the Army's
share of those activities required for implementing, operating, and
maintaining the Service.
SEC. 10. OPERATION AND MAINTENANCE OF HYDROELECTRIC FACILITIES.
Section 314 of Public Law 101-640 (33 U.S.C. 2321) is amended by
inserting the following language immediately after the phrase
``commercial activities'': ``Where such activities require specialized
training related to hydroelectric power generation. These activities
would be subject to the labor standards provisions in the Service
Contract Act, 41, U.S.C. 351, and to the extent applicable, the Davis-
Bacon Act, 40 U.S.C., Sections 276(a)-7.''.
SEC. 11. INTERAGENCY AND INTERNATIONAL SUPPORT.
Section 234 of Public Law 104-303 (33 U.S.C. 2323a) is amended--
(1) in subsection (d) by deleting ``1,000,000'' and
inserting ``$2,000,000''.
SEC. 12. REBURIAL AND TRANSFER AUTHORITY.
(a) In General.--
(1) Reburial.--The Secretary is authorized, in consultation
with the appropriate Indian tribes, to identify and set aside
areas at civil works projects managed by the Secretary that may
be used to reinter Native American remains that have been
discovered on project lands, and which have been rightfully
claimed by a lineal descendant or Indian tribe in accordance
with applicable Federal law. The Secretary, in consultation and
in consent with the lineal descendant or the respective Indian
tribe, is authorized to recover and rebury the remains at such
sites at full Federal expense.
(2) Transfer authority.--Notwithstanding any provision of law, the
Secretary is authorized to transfer to the Indian tribe the land
identified by the Secretary in subsection (1) for use as a cemetery.
The Secretary shall retain any necessary rights-of-way, easements, or
other property interests that the Secretary of the Army determines is
necessary to carry out the authorized project purpose.
(b) Definition.--For the purposes of this section the term ``Indian
tribe'' means any tribe, band, nation, or other organized group or
community of Indians, including any Alaska Native village (as defined
in, or established pursuant to, the Alaska Native Claims Settlement Act
(43 U.S.C.A. Sec. 1601 et seq.)) which is recognized as eligible for
the special programs and services provided by the United States to
Indians because of their status as Indians.
SEC. 13. AMENDMENT TO RIVERS AND HARBORS ACT.
Section 33 U.S.C. 401 is amended by adding the following language
at the end of the last sentence: ``The approval required by this
section of the location and plans, or any modification of plans, for
any dam or dike, applies only to any dam or dike that would completely
span a waterway currently used to transport interstate or foreign
commerce, in a manner that actual, existing interstate or foreign
commerce could be adversely affected. Any other dam or dike proposed to
be built in any other navigable water of the United States shall be
regulated as a structure under 33 U.S.C. 403, and shall not require
approval under this section.''.
SEC. 14. STRUCTURAL FLOOD CONTROL COST-SHARING.
(a) Section 103(a) of the Water Resources Development Act of 1986
(100 Stat. 4084-4085) is amended by--
(1) striking ``35'' whenever it appears in paragraph (2)
and inserting ``50'' in lieu thereof;
(2) deleting the word ``MINIMUM'' in paragraph (2);
(3) adding the following language to paragraph (2)
immediately after the last sentence in that paragraph: ``The
non-Federal share under paragraph (1) shall not exceed 50
percent of the cost of the project assigned to flood control.
The preceding sentence does not modify the requirement of
paragraph (1)(A) of this subsection.''; and
(4) deleting paragraph (3) and (4) in their entirety.''.
(b) Applicability.--The amendment made by this section shall apply
to any project or separable element thereof with respect to which the
Secretary and the non-Federal interest have not entered into a project
cooperation agreement on or before the date of enactment of this Act.
SEC. 15. CALFED BAY-DELTA PROGRAM ASSISTANCE.
(a) In General.--The Secretary is authorized to participate with
the appropriate Federal and State agencies in the planning and
management activities associated with the CALFED Bay Delta Program, and
shall, to the maximum extent practicable and in accordance with all
applicable laws, integrate the activities of the Army Corps of
Engineers in the San Joaquin and Sacramento River basins with the long-
term goals of the CALFED Bay Delta Program.
(b) Cooperative Activities.--In participating in the CALFED Bay
Delta Program as provided for in subsection (a) of this section, the
Secretary is authorized to accept and expend funds from other Federal
agencies and from non-Federal public, private and non-profit entities
to carry out ecosystem restoration projects and activities associated
with the CALFED Bay Delta Program and may enter into contracts,
cooperative research and development agreements, and cooperative
agreements with Federal and non-Federal private, public, and non-profit
entities in carrying out these projects and activities.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to the Department of the Army to carry out activities
under this section $5,000,000 for fiscal years from 2002 through 2005.
(d) Definition.--For purposes of this section, the area covered by
the CALFED Bay Delta Program is defined as the San Francisco Bay,
Sacramento-San Joaquin Delta Estuary and its watershed (Bay-Delta
Estuary) as identified in the Framework Agreement Between the
Governor's Water Policy Council of the State of California and the
Federal Ecosystem Directorate (Club Fed).
SEC. 16. PROJECT DE-AUTHORIZATIONS.
Section 33 U.S.C. 579a is deleted in its entirety and the following
language inserted in lieu thereof:
``PROJECT DE-AUTHORIZATIONS.
(a) Projects Never Under Construction.--
(1) The Secretary shall transmit annually to Congress a
list of projects and separable elements of projects that have
been authorized for construction, but for which no
appropriations have been obligated for construction of the
project or separable element during the four consecutive fiscal
years preceding the transmittal of such list.
(2) Any water resources project authorized for
construction, and any separable element of such a project,
shall be de-authorized after the last day of the 7-year period
beginning on the date of the project or separable element's
most recent authorization or reauthorization unless funds have
been obligated for construction of the project or separable
element.
(b) Projects Where Construction Has Been Suspended.--
(1) The Secretary shall transmit annually to Congress a
list of projects and separable elements of projects that have
been authorized for construction, and for which funds have been
obligated in the past for construction of the project or
separable element, but for which no appropriations have been
obligated for construction of the project or separable element
during the two consecutive fiscal years preceding the
transmittal of such list.
(2) Any water resources project, and any separable element
of such a project, for which funds have been obligated in the
past for construction of the project or separable element,
shall be de-authorized if appropriations specifically
identified for construction of the project or separable element
(either in Statute or in the accompanying legislative report
language) have not been obligated for construction of the
project or separable element during any five subsequent
consecutive fiscal years.
(c) Congressional Notifications.--Upon submission of the lists
under subsections (a) and (b), the Secretary shall notify each Senator
in whose State, and each Member of the House of Representatives in
whose district, the affected project or separable element would be
located.
(d) Final De-Authorization List.--The Secretary shall publish
annually in the Federal Register a list of all projects or separable
elements de-authorized under subsections (a) and (b).
(e) Definitions.--For purposes of this section, for non-structural
flood control projects, the phrase ``construction of the project or
separable element'' means the acquisition of lands, easements and
rights-of-way primarily to relocate structures, or the performance of
physical work under a construction contract for other non-structural
measures. For environmental protection and restoration projects, it
means the acquisition of lands, easements and right-of-way primarily to
facilitate the restoration of wetlands or similar habitats, or the
performance of physical work under a construction contract to modify
existing project facilities or to construct new environment project and
restoration measures. For all other water resources projects, it means
the performance of physical work under a construction contract. It no
case shall the term ``physical work under a construction contract'', as
used in this subsection, include activities related to project
planning, engineering and design, relocation, or the acquisition of
lands, easements, and rights-of-way.
(f) Effective Date of Provisions.--Subsections (a)(2) and (b)(2)
shall become effective three years after the date of enactment of this
Act.
SEC. 17. FLOODPLAIN MANAGEMENT REQUIREMENTS.
(a) Section 402 of the Water Resources Development Act of 1986 (100
Stat. 4133) is amended by--
(1) in subsection (c)(1) by deleting ``Within 6 months
after the date of the enactment of this subsection, the'' and
inserting ``The'';
(2) by inserting ``that non-Federal interests shall adopt
and enforce'' after the word ``policies'' in the second
sentence in subsection (c)(1); and
(3) by inserting at the end of subsection (c)(1)'' Such
guidelines shall also require non-Federal interests to take
measures to preserve the level of flood protection provided by
the project for which subsection (a) applies.''.
(b) Applicability.--The amendment made by this section shall apply
to any project or separable element thereof with respect to which the
Secretary and the non-Federal interest have not entered a project
cooperation agreement on or before the date of enactment of this Act.
SEC. 18. STUDY AT TRANSFER OF PROJECT LANDS.
(a) In General.--Study of transfer.--The Secretary is authorized to
conduct a feasibility study in cooperation with the Secretary of the
Interior, the States of South and North Dakota, of the affected
interest, and with the affected Indian tribes, for the transfer to the
Secretary of Interior the land described in subsection (b) to be held
in trust for the benefit of the respective Indian tribes.
(b) Lands To Be Studied.--The land authorized to be studied for
transfer is land that--
(1) was acquired by the Secretary for the implementation of
the Pick-Sloan Missouri River Basin program; and
(2) is located within the external boundaries of the
reservations of the Three Affiliated Tribes of the Fort
Berthold Reservation, ND, the Standing Rock Sioux Tribe of
North and South Dakota, the Crow Creek Sioux Tribe of the Crow
Creek Reservation, SD, the Yankton Sioux Tribe of South Dakota,
and the Flandreau Santee Sioux Tribe of South Dakota.
(c) Definition.--For the purposes of this section the term ``Indian
tribe'' means any tribe, band, nation, or other organized group or
community of Indians, including any Alaska Native village (as defined
in, or established pursuant to, the Alaska Native Claims Settlement Act
(43 U.S.C.A. Sec. 1601 et seq.)) which is recognized as eligible for
the special programs and services provided by the United States to
Indians because of their status as Indians.
SEC. 19. PUGET SOUND AND ADJACENT WATERS RESTORATION.
(a) In General.--The Secretary is authorized to participate in
Critical Restoration Projects in the area of the Puget Sound and its
adjacent waters, including the watersheds that drain directly into
Pudget Sound, Admiralty Inlet, Hood Canal, Rosario Strait, and the
eastern portion of the Strait of Juan de Fuca.
(b) Definition.--``Critical Restoration Projects'' are those
projects that will produce, consistent with existing Federal programs,
projects and activities, immediate and substantial restoration,
preservation and ecosystem protection benefits.
(c) Project Selection.--The Secretary, with the concurrence of the
Secretaries of the Interior and Commerce, and in consultation with
other appropriate Federal, tribal, State, and local agencies, may
identify critical restoration projects and may implement those projects
after entering into an agreement with an appropriate non-Federal
interest in accordance with the requirements of section 221 of the
Flood Control Act of 1970, as amended (42 U.S.C. 1962d-5b) and this
section.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Department of the Army to pay the Federal share of
the cost of carrying out projects under this section $10,000,000.
(e) Project Cost Limitation.--Not more than $2,500,000 in Army
Civil Works appropriations Federal funds may be allocated to carrying
out any one project under this section.
(f) Cost Sharing.--
(1) In general.--Prior to implementing any project under
this section, the Secretary shall enter into a binding
agreement with the non-Federal interest, which shall require
the non-Federal interest to: (a) pay 35 percent of the total
costs of the project; (b) acquire any lands, easements. rights-
of-way, relocations, and dredged material disposal areas
necessary for implementation of the project; (c) pay 100
percent of the operation, maintenance, repair, replacement, and
rehabilitation costs associated with the project; and (d) hold
and save harmless the United States free from claims or damages
due to implementation of the assistance project, except for the
negligence of the Government or its contractors.
(2) Credit.--The non-Federal interest shall receive credit
for the value of any lands, easements, rights-of-way,
relocations, and dredged material disposal areas provided for
implementation and completion of such assistance project. The
non-Federal interest may provide up to 50 percent of the non-
Federal cost-sharing requirement through the provision of
services, materials, supplies, or other in-kind services.
<all>
Introduced in Senate
Introduced in Senate
Read twice and referred to the Committee on Environment and Public Works. (text of measure as introduced: CR S2752-2757)
Committee on Environment and Public Works. Hearings held. Hearings printed: S.Hrg. 106-729.
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