33 USC 59jj. SEC. 107. DESIGNATION OF NONNAVIGABILITY FOR PORTIONS OF GLOUCESTER COUNTY, NEW JERSEY. (a) DESIGNATION.— (1) IN GENERAL.-The Secretary of the Army (referred to in section as the "Secretary") shall designate as nonnavigable the areas described in paragraph (3) unless the Secretary, after consultation with local and regional public officials (including local and regional planning organizations), makes a determination that 1 or more projects proposed to be carried out in 1 or more areas described in paragraph (2) are not in the public interest. (2) DESCRIPTION OF AREAS.-The areas referred to in paragraph (1) are certain parcels of property situated in the West Deptford Township, Gloucester County, New Jersey, as depicted on Tax Assessment Map #26, Block #328, Lots #1, 1.03, 1.08, and 1.09, more fully described as follows: (A) Beginning at the point in the easterly line of Church Street (49.50 feet wide), said beginning point being the following 2 courses from the intersection of the centerline of Church Street with the curved northerly rightof-way line of Pennsylvania-Reading Seashore Lines Railroad (66.00 feet wide)— (i) along said centerline of Church Street N. 11°28′50′′ E. 38.56 feet; thence (ii) along the same N. 61°28′35′′ E. 32.31 feet to the point of beginning. (B) Said beginning point also being the end of the thirteenth course and from said beginning point runs; thence, along the aformentioned Easterly line of Church Street (i) N. 11°28′50′′ E. 1052.14 feet; thence (ii) crossing Church Street, N. 34°19′51′′ W. 1590.16 feet; thence (iii) N. 27°56′37′′ W. 3674.36 feet; thence (v) N. 57°04′39′′ W. 481.04 feet; thence (vi) N. 36°22′55′′ W. 870.00 feet to a point in the Pierhead and Bulkhead Line along the Southeasterly shore of the Delaware River; thence (vii) along the same line N. 53°37′05′′ E. 1256.19 feet; thence (viii) still along the same, N. 86°10′29′′ E. 1692.61 feet; thence, still along the same the following thirteenth courses (ix) S. 67°44′20′′ E. 1090.00 feet to a point in the Pierhead and Bulkhead Line along the Southwesterly shore of Woodbury Creek; thence (x) S. 39°44′20′′ E. 507.10 feet; thence (xxi) S. 42°00'00" E. 271.00 feet; thence (xxii) S. 48°30′00′′ E. 287.13 feet to a point in the Northwesterly line of Grove Avenue (59.75 feet wide); thence (xxiii) S. 23°09′50′′ W. 4120.49 feet; thence (xxiv) N. 66°50′10′′ W. 251.78 feet; thence (xxv) S. 36°05′20′′ E. 228.64 feet; thence (xxvi) S. 58°53′00′′ W. 1158.36 feet to a point in the Southwesterly line of said River Lane; thence (xxvii) S. 41°31′35′′ E. 113.50 feet; thence (xxviii) S. 61°28′35′′ W. 863.52 feet to the point of beginning. (C)(i) Except as provided in clause (ii), beginning at a point in the centerline of Church Street (49.50 feet wide) where the same is intersected by the curved northerly line of Pennsylvania-Reading Seashore Lines Railroad right-of-way (66.00 feet wide), along that Railroad, on a curve to the left, having a radius of 1465.69 feet, an arc distance of 1132.14 feet (I) N. 88°45'47" W. 1104.21 feet; thence (V) N. 44°52′41′′ W. 897.74 feet; thence (VI) N. 32°26′05′′ W. 2765.99 feet to a point in the Pierhead and Bulkhead Line along the Southeasterly shore of the Delaware River; thence (VII) N. 53°37′05′′ E. 2770.00 feet; thence (VIII) S. 36°22′55′′ E. 870.00 feet; thence (IX) S. 57°04′39′′ E. 481.04 feet; thence (XI) S. 27°56′37′′ E. 3674.36 feet; thence (XII) crossing Church Street, S. 34°19′51′′ E. 1590.16 feet to a point in the easterly line of Church Street; thence (XIII) S. 11°28′50′′ W. 1052.14 feet; thence (XIV) S. 61°28′35′′ W. 32.31 feet; thence (XV) S. 11°28′50′′ W. 38.56 feet to the point of beginning. (ii) The parcel described in clause (i) does not include the parcel beginning at the point in the centerline of Church Street (49.50 feet wide), that point being N. 11°28′50′′ E. 796.36 feet, measured along the centerline, from its intersection with the curved northerly right-ofway line of Pennsylvania-Reading Seashore Lines Railroad (66.00 feet wide) (I) N. 78°27′40′′ W. 118.47 feet; thence (III) N. 77°53′00′′ E 189.58 feet to a point in the centerline of Church Street; thence (IV) S. 11°28′50′′ W. 183.10 feet to the point of beginning. (b) LIMITS ON APPLICABILITY; REGULATORY REQUIREMENTS.— (1) IN GENERAL.-The designation under subsection (a)(1) shall apply to those parts of the areas described in subsection (a) that are or will be bulkheaded and filled or otherwise occupied by permanent structures, including marina facilities. 113 Stat. 273. 31 USC 6505 note. 113 Stat. 342. (2) APPLICABLE LAW.-All activities described in paragraph (1) shall be subject to all applicable Federal law, including(A) the Act of March 3, 1899 (30 Stat. 1121, chapter 425); (B) section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344); and (C) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (c) TERMINATION OF DESIGNATION.-If, on the date that is 20 years after the date of enactment of this Act, any area or portion of an area described in subsection (a)(3) is not bulkheaded, filled, or otherwise occupied by permanent structures (including marina facilities) in accordance with subsection (b), or if work in connection with any activity authorized under subsection (b) is not commenced by the date that is 5 years after the date on which permits for the work are issued, the designation of nonnavigability under subsection (a)(1) for that area or portion of an area shall terminate. SEC. 108. NOME HARBOR TECHNICAL CORRECTIONS. Section 101(a)(1) of Public Law 106-53 (the Water Resources Development Act of 1999) is amended by (1) striking "$25,651,000" and inserting in its place "$39,000,000"; and (2) striking "$20,192,000" and inserting in its place "$33,541,000". SEC. 109. Section 211 of the Water Resources Development Act of 2000, Public Law 106-541, is amended by adding the following language at the end of subsection (d): "(e) ENGINEERING RESEARCH AND DEVELOPMENT CENTER.-The Engineering Research and Development Center is exempt from the requirements of this section.". SEC. 110. Section 514(g) of the Water Resources Development Act of 1999, Public Law 106-53, is amended by striking "fiscal years 2000 and 2001" and inserting in lieu thereof "fiscal years 2000 through 2002”. SEC. 111. The Secretary of the Army, acting through the Chief of Engineers, is directed to modify the pump station intake structure and discharge line to preclude ice from interfering with pump operations at Fort Fairfield, Maine, flood control project: Provided, That all design and construction costs associated with the modifications of the Fort Fairfield, Maine, project shall be at Federal expense. SEC. 112. CERRILLOS DAM, PUERTO RICO. The Secretary of the Army shall reassess the allocation of Federal and non-Federal costs for construction of the Cerrillos Dam, carried out as part of the project for flood control, Portugues and Bucana Rivers, Puerto Rico. SEC. 113. STUDY OF CORPS CAPABILITY TO CONSERVE FISH AND WILDLIFE. Section 704(b) of the Water Resources Development Act of 1986 (33 U.S.C. 2263(b)) is amended (1) by redesignating paragraphs (1), (2), (3), and (4) as subparagraphs (A), (B), (C), and (D), respectively; (2) by striking "(b) The Secretary" and inserting the following: "(b) PROJECTS. “(1) IN GENERAL.-The Secretary"; and (3) by striking "The non-Federal share of the cost of any project under this section shall be 25 percent." and inserting the following: "(2) COST SHARING. "(A) IN GENERAL.-The non-Federal share of the cost of any project under this subsection shall be 25 percent. "(B) FORM.-The non-Federal share may be provided through in-kind services, including the provision by the non-Federal interest of shell stock material that is determined by the Chief of Engineers to be suitable for use in carrying out the project. "(Č) APPLICABILITY.-The non-Federal interest shall be credited with the value of in-kind services provided on or after October 1, 2000, for a project described in paragraph (1) completed on or after that date, if the Secretary determines that the work is integral to the project.". SEC. 114. The flood control project for the Ramapo River at Oakland, New Jersey, authorized by section 401(a) of the Water Resources Development Act of 1986, Public Law 99-662, as amended by section 301(a)(9) of the Water Resources Development Act of 1996, Public Law 104-33, is modified to authorize the Secretary of the Army, acting through the Chief of Engineers, to construct the project at a total cost of $18,000,000, with an estimated Federal cost of $13,500,000 and an estimated non-Federal cost of $4,500,000 less any credits allowed under applicable laws. SEC. 115. Except for the historic scheduled maintenance dredging in the Delaware River, none of the funds appropriated in this Act shall be used to operate the dredge MCFARLAND other than for urgent dredging, emergencies and in support of national defense. SEC. 116. The Secretary may not expend funds to accelerate the schedule to finalize the Record of Decision for the revision of the Missouri River Master Water Control Manual and any associated changes to the Missouri River Annual Operating Plan. During consideration of revisions to the manual in fiscal year 2002, the Secretary may consider and propose alternatives for achieving species recovery other than the alternatives specifically prescribed by the United States Fish and Wildlife Service in the biological opinion of the Service. The Secretary shall consider the views of other Federal agencies, non-Federal agencies, and individuals to ensure that other congressionally authorized purposes are maintained. TITLE II DEPARTMENT OF THE INTERIOR CENTRAL UTAH PROJECT CENTRAL UTAH PROJECT COMPLETION ACCOUNT For carrying out activities authorized by the Central Utah Project Completion Act, $34,918,000, to remain available until expended, of which $10,749,000 shall be deposited into the Utah Reclamation Mitigation and Conservation Account for use by the Utah Reclamation Mitigation and Conservation Commission. 43 USC 2241. In addition, for necessary expenses incurred in carrying out related responsibilities of the Secretary of the Interior, $1,310,000, to remain available until expended. BUREAU OF RECLAMATION The following appropriations shall be expended to execute authorized functions of the Bureau of Reclamation: WATER AND RELATED RESOURCES (INCLUDING TRANSFER OF FUNDS) For management, development, and restoration of water and related natural resources and for related activities, including the operation, maintenance, and rehabilitation of reclamation and other facilities, participation in fulfilling related Federal responsibilities to Native Americans, and related grants to, and cooperative and other agreements with, State and local governments, Indian tribes, and others, $762,531,000, to remain available until expended, of which $14,649,000 shall be available for transfer to the Upper Colorado River Basin Fund and $31,442,000 shall be available for transfer to the Lower Colorado River Basin Development Fund; of which such amounts as may be necessary may be advanced to the Colorado River Dam Fund; of which $8,000,000 shall be for on-reservation water development, feasibility studies, and related administrative costs under Public Law 106-163; and of which not more than $500,000 is for high priority projects which shall be carried out by the Youth Conservation Corps, as authorized by 16 U.S.C. 1706: Provided, That such transfers may be increased or decreased within the overall appropriation under this heading: Provided further, That of the total appropriated, the amount for program activities that can be financed by the Reclamation Fund or the Bureau of Reclamation special fee account established by 16 U.S.C. 4601-6a(i) shall be derived from that Fund or account: Provided further, That funds contributed under 43 U.S.C. 395 are available until expended for the purposes for which contributed: Provided further, That funds advanced under 43 U.S.C. 397a shall be credited to this account and are available until expended for the same purposes as the sums appropriated under this heading: Provided further, That $12,000,000 of the funds appropriated herein shall be deposited in the San Gabriel Basin Restoration Fund established by section 110 of division B, title I of Public Law 106-554, of which $1,000,000 shall be for remediation in the Central Basin Municipal Water District: Provided further, That funds available for expenditure for the Departmental Irrigation Drainage Program may be expended by the Bureau of Reclamation for site remediation on a non-reimbursable basis: Provided further, That section 301 of Public Law 102-250, Reclamation States Emergency Drought Relief Act of 1991, as amended, is amended further by inserting "2001, and 2002" in lieu of “and 2001": Provided further, That of such funds, not more than $1,500,000 shall be available to the Secretary for completion of a feasibility study for the Santa Fe-Pojoaque Regional Water System, New Mexico: Provided further, That the study shall be completed by September 30, 2002. |