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106th CONGRESS
2d Session
H. R. 5483
Making appropriations for energy and water development for the fiscal
year ending September 30, 2001, and for other purposes.
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IN THE HOUSE OF REPRESENTATIVES
October 18, 2000
Mr. Packard introduced the following bill; which was referred to the
Committee on Appropriations
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A BILL
Making appropriations for energy and water development for the fiscal
year ending September 30, 2001, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for energy and water development for the fiscal year
ending September 30, 2001, and for other purposes, namely:
TITLE I
DEPARTMENT OF DEFENSE--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
The following appropriations shall be expended under the direction
of the Secretary of the Army and the supervision of the Chief of
Engineers for authorized civil functions of the Department of the Army
pertaining to rivers and harbors, flood control, beach erosion, and
related purposes.
General Investigations
For expenses necessary for the collection and study of basic
information pertaining to river and harbor, flood control, shore
protection, and related projects, restudy of authorized projects,
miscellaneous investigations, and, when authorized by laws, surveys and
detailed studies and plans and specifications of projects prior to
construction, $160,038,000, to remain available until expended:
Provided, That in conducting the Southwest Valley Flood Damage
Reduction Study, Albuquerque, New Mexico, the Secretary of the Army,
acting through the Chief of Engineers, shall include an evaluation of
flood damage reduction measures that would otherwise be excluded from
the feasibility analysis based on policies regarding the frequency of
flooding, the drainage areas, and the amount of runoff: Provided
further, That the Secretary of the Army is directed to use $750,000 of
the funds appropriated herein to continue preconstruction engineering
and design for the Murrieta Creek, California flood protection and
environmental restoration project in accordance with Alternative 6,
based on the Murrieta Creek feasibility report and environmental impact
statement dated June 2000 at a total cost of $90,866,000, with an
estimated Federal cost of $59,063,900 and an estimated non-Federal cost
of $31,803,100.
Construction, General
For the prosecution of river and harbor, flood control, shore
protection, and related projects authorized by laws; and detailed
studies, and plans and specifications, of projects (including those for
development with participation or under consideration for participation
by States, local governments, or private groups) authorized or made
eligible for selection by law (but such studies shall not constitute a
commitment of the Government to construction), $1,717,199,000, to
remain available until expended, of which such sums as are necessary
for the Federal share of construction costs for facilities under the
Dredged Material Disposal Facilities program shall be derived from the
Harbor Maintenance Trust Fund, as authorized by Public Law 104-303; and
of which such sums as are necessary pursuant to Public Law 99-662 shall
be derived from the Inland Waterways Trust Fund, for one-half of the
costs of construction and rehabilitation of inland waterways projects,
including rehabilitation costs for the Lock and Dam 12, Mississippi
River, Iowa; Lock and Dam 24, Mississippi River, Illinois and Missouri;
Lock and Dam 3, Mississippi River, Minnesota; and London Locks and Dam,
and Kanawha River, West Virginia, projects; and of which funds are
provided for the following projects in the amounts specified:
Elba, Alabama, $8,400,000;
Geneva, Alabama, $10,800,000;
San Gabriel Basin Groundwater Restoration, California,
$25,000,000;
San Timoteo Creek (Santa Ana River Mainstem), California,
$5,000,000;
Indianapolis Central Waterfront, Indiana, $10,000,000;
Southern and Eastern Kentucky, Kentucky, $4,000,000;
Clover Fork, Middlesboro, City of Cumberland, Town of
Martin, Pike County (including Levisa Fork and Tug Fork
Tributaries), Bell County, Martin County, and Harlan County,
Kentucky, elements of the Levisa and Tug Forks of the Big Sandy
River and Upper Cumberland River, Kentucky, $20,000,000:
Provided, That the Secretary of the Army, acting through the
Chief of Engineers, is directed to proceed with planning, engineering,
design and construction of the Town of Martin, Kentucky, element, in
accordance with Plan A as set forth in the preliminary draft Detailed
Project Report, Appendix T of the General Plan of the Huntington
District Commander;
Jackson County, Mississippi, $2,000,000;
Bosque and Leon Rivers, Texas, $4,000,000; and
Upper Mingo County (including Mingo County Tributaries),
Lower Mingo County (Kermit), Wayne County, and McDowell County,
elements of the Levisa and Tug Forks of the Big Sandy River and
Upper Cumberland River project in West Virginia, $4,100,000:
Provided further, That using $900,000 of the funds appropriated herein,
the Secretary of the Army, acting through the Chief of Engineers, is
directed to undertake the Bowie County Levee project, which is defined
as Alternative B Local Sponsor Option, in the Corps of Engineers
document entitled Bowie County Local Flood Protection, Red River,
Texas, Project Design Memorandum No. 1, Bowie County Levee, dated April
1997: Provided further, That no part of any appropriation contained in
this Act shall be expended or obligated to begin Phase II of the John
Day Drawdown study or to initiate a study of the drawdown of McNary Dam
unless authorized by law: Provided further, That the Secretary of the
Army, acting through the Chief of Engineers, is directed hereafter to
use available Construction, General funds in addition to funding
provided in Public Law 104-206 to complete design and construction of
the Red River Regional Visitors Center in the vicinity of Shreveport,
Louisiana at an estimated cost of $6,000,000: Provided further, That
section 101(b)(4) of the Water Resources Development Act of 1996, is
amended by striking ``total cost of $8,600,000'' and inserting ``total
cost of $15,000,000'': Provided further, That the Secretary of the
Army, acting through the Chief of Engineers, is directed to use
$3,000,000 of the funds appropriated herein for additional emergency
bank stabilization measures at Galena, Alaska under the same terms and
conditions as previous emergency bank stabilization work undertaken at
Galena, Alaska pursuant to section 116 of Public Law 99-190: Provided
further, That with $4,200,000 of the funds appropriated herein, the
Secretary of the Army, acting through the Chief of Engineers, is
directed to continue construction of the Brunswick County Beaches,
North Carolina-Ocean Isle Beach portion in accordance with the General
Reevaluation Report approved by the Chief of Engineers on May 15, 1998:
Provided further, That the Secretary of the Army, acting through the
Chief of Engineers, is directed to use not to exceed $300,000 of funds
appropriated herein to reimburse the City of Renton, Washington, at
full Federal expense, for mitigation expenses incurred for the flood
control project constructed pursuant to 33 U.S.C. 701s at Cedar River,
City of Renton, Washington, as a result of over-dredging by the Army
Corps of Engineers: Provided further, That $2,000,000 of the funds
appropriated herein shall be available for stabilization and renovation
of Lock and Dam 10, Kentucky River, Kentucky, subject to enactment of
authorization by law: Provided further, That the Secretary of the Army,
acting through the Chief of Engineers, is directed to use $3,000,000 of
the funds appropriated herein to initiate construction of a navigation
project at Kaumalapau Harbor, Hawaii: Provided further, That the
Secretary of the Army is directed to use $2,000,000 of the funds
provided herein for Dam Safety and Seepage/Stability Correction Program
to design and construct seepage control features at Waterbury Dam,
Winooski River, Vermont: Provided further, That the Secretary of the
Army, acting through the Chief of Engineers, is directed to design and
construct barge lanes at the Houston-Galveston Navigation Channels,
Texas, project, immediately adjacent to either side of the Houston Ship
Channel, from Bolivar Roads to Morgan Point, to a depth of 12 feet with
prior years' Construction, General carry-over funds: Provided further,
That the Secretary of the Army, acting through the Chief of Engineers,
may use Construction, General funding as directed in Public Law 105-62
and Public Law 105-245 to initiate construction of an emergency outlet
from Devils Lake, North Dakota, to the Sheyenne River, except that the
funds shall not become available unless the Secretary of the Army
determines that an emergency (as defined in section 102 of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5122)) exists with respect to the emergency need for the outlet and
reports to Congress that the construction is technically sound,
economically justified, and environmentally acceptable, and in
compliance with the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.): Provided further, That the economic justification
for the emergency outlet shall be prepared in accordance with the
principles and guidelines for economic evaluation as required by
regulations and procedures of the Army Corps of Engineers for all flood
control projects, and that the economic justification be fully
described, including the analysis of the benefits and costs, in the
project plan documents: Provided further, That the plans for the
emergency outlet shall be reviewed and, to be effective, shall contain
assurances provided by the Secretary of State, after consultation with
the International Joint Commission, that the project will not violate
the requirements or intent of the Treaty Between the United States and
Great Britain Relating to Boundary Waters Between the United States and
Canada, signed at Washington, January 11, 1909 (36 Stat. 2448; TS 548)
(commonly known as the ``Boundary Waters Treaty of 1909''): Provided
further, That the Secretary of the Army shall submit the final plans
and other documents for the emergency outlet to Congress: Provided
further, That no funds made available under this Act or any other Act
for any fiscal year may be used by the Secretary of the Army to carry
out the portion of the feasibility study of the Devils Lake Basin,
North Dakota, authorized under the Energy and Water Development
Appropriations Act, 1993 (Public Law 102-377), that addresses the needs
of the area for stabilized lake levels through inlet controls, or to
otherwise study any facility or carry out any activity that would
permit the transfer of water from the Missouri River Basin into Devils
Lake: Provided further, That within available funds, the Secretary of
the Army, acting through the Chief of Engineers, is directed to
continue construction of the Rio Grand de Manati flood control project
at Barceloneta, Puerto Rico, which was initiated under the authority of
the Section 205 program prior to being specifically authorized in the
Water Resources Development Act of 1999.
flood control, mississippi river and tributaries, arkansas, illinois,
kentucky, louisiana, mississippi, missouri, and tennessee
For expenses necessary for prosecuting work of flood control, and
rescue work, repair, restoration, or maintenance of flood control
projects threatened or destroyed by flood, as authorized by law (33
U.S.C. 702a and 702g-1), $347,731,000, to remain available until
expended: Provided, That the Secretary of the Army is directed to
complete his analysis and determination of Federal maintenance of the
Greenville Inner Harbor, Mississippi navigation project in accordance
with section 509 of the Water Resources Development Act of 1996.
Operation and Maintenance, General
For expenses necessary for the preservation, operation,
maintenance, and care of existing river and harbor, flood control, and
related works, including such sums as may be necessary for the
maintenance of harbor channels provided by a State, municipality or
other public agency, outside of harbor lines, and serving essential
needs of general commerce and navigation; surveys and charting of
northern and northwestern lakes and connecting waters; clearing and
straightening channels; and removal of obstructions to navigation,
$1,901,959,000, to remain available until expended, of which such sums
as become available in the Harbor Maintenance Trust Fund, pursuant to
Public Law 99-662, may be derived from that Fund, and of which such
sums as become available from the special account established by the
Land and Water Conservation Act of 1965, as amended (16 U.S.C. 460l),
may be derived from that account for construction, operation, and
maintenance of outdoor recreation facilities: Provided, That the
Secretary of the Army, acting through the Chief of Engineers, from the
funds provided herein for the operation and maintenance of New York
Harbor, New York, is directed to prepare the necessary documentation
and initiate removal of submerged obstructions and debris in the area
previously marked by the Ambrose Light Tower in the interest of safe
navigation: Provided further, That the Secretary of the Army is
directed to use $500,000 of funds appropriated herein to remove and
reinstall the docks and causeway, in kind, at Astoria East Boat Basin,
Oregon: Provided further, That $500,000 of the funds appropriated
herein for the Ohio River Open Channel, Illinois, Kentucky, Indiana,
Ohio, West Virginia, and Pennsylvania, project, are provided for the
Secretary of the Army, acting through the Chief of Engineers, to dredge
a channel from the mouth of Wheeling Creek to Tunnel Green Park in
Wheeling, West Virginia.
Regulatory Program
For expenses necessary for administration of laws pertaining to
regulation of navigable waters and wetlands, $125,000,000, to remain
available until expended: Provided, That the Secretary of the Army,
acting through the Chief of Engineers, is directed to use funds
appropriated herein to: (1) by March 1, 2001, supplement the report,
Cost Analysis For the 1999 Proposal to Issue and Modify Nationwide
Permits, to reflect the Nationwide Permits actually issued on March 9,
2000, including changes in the acreage limits, preconstruction
notification requirements and general conditions between the rule
proposed on July 21, 1999, and the rule promulgated and published in
the Federal Register; (2) after consideration of the cost analysis for
the 1999 proposal to issue and modify nationwide permits and the
supplement prepared pursuant to this Act and by September 30, 2001,
prepare, submit to Congress and publish in the Federal Register a
Permit Processing Management Plan by which the Corps of Engineers will
handle the additional work associated with all projected increases in
the number of individual permit applications and preconstruction
notifications related to the new and replacement permits and general
conditions. The Permit Processing Management Plan shall include
specific objective goals and criteria by which the Corps of
Engineers' progress towards reducing any permit backlog can be
measured; (3) beginning on December 31, 2001, and on a biannual basis
thereafter, report to Congress and publish in the Federal Register, an
analysis of the performance of its program as measured against the
criteria set out in the Permit Processing Management Plan; (4)
implement a 1-year pilot program to publish quarterly on the U.S. Army
Corps of Engineer's Regulatory Program website all Regulatory Analysis
and Management Systems (RAMS) data for the South Pacific Division and
North Atlantic Division beginning within 30 days of the enactment of
this Act; and (5) publish in Division Office websites all findings,
rulings, and decisions rendered under the administrative appeals
process for the Corps of Engineers Regulatory Program as established in
Public Law 106-60: Provided further, That, through the period ending on
September 30, 2003, the Corps of Engineers shall allow any appellant to
keep a verbatim record of the proceedings of the appeals conference
under the aforementioned administrative appeals process: Provided
further, That within 30 days of the enactment of this Act, the
Secretary of the Army, acting through the Chief of Engineers, shall
require all U.S. Army Corps of Engineers Divisions and Districts to
record the date on which a section 404 individual permit application or
nationwide permit notification is filed with the Corps of Engineers:
Provided further, That the Corps of Engineers, when reporting permit
processing times, shall track both the date a permit application is
first received and the date the application is considered complete, as
well as the reason that the application is not considered complete upon
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