ILLINOIS RIVER BASIN RESTORATION.

SEC. 519. ILLINOIS RIVER BASIN RESTORATION. (a) Illinois River Basin Defined.—In this section, the term “Illinois River basin” means the Illinois River, Illinois, its backwaters, its side channels, and all tributaries, including their watersheds, draining into the Illinois River. (b) Comprehensive Plan.— (1) Development.—The Secretary shall develop, as expeditiously as practicable, a proposed comprehensive plan for the purpose of restoring, preserving, and protecting the Illinois River basin. (2) Technologies and innovative approaches.—The comprehensive plan shall provide for the development of new technologies and innovative approaches— (A) to enhance the Illinois River as a vital transportation corridor; (B) to improve water quality within the entire Illinois River basin; (C) to restore, enhance, and preserve habitat for plants and wildlife; and (D) to increase economic opportunity for agriculture and business communities. (3) Specific components.—The comprehensive plan shall include such features as are necessary to provide for— (A) the development and implementation of a program for sediment removal technology, sediment characterization, sediment transport, and beneficial uses of sediment; (B) the development and implementation of a program for the planning, conservation, evaluation, and construction of measures for fish and wildlife habitat conservation and rehabilitation, and stabilization and enhancement of land and water resources in the basin; (C) the development and implementation of a longterm resource monitoring program; and (D) the development and implementation of a computerized inventory and analysis system. (4) Consultation.—The comprehensive plan shall be developed by the Secretary in consultation with appropriate Federal agencies, the State of Illinois, and the Illinois River Coordinating Council. (5) Report to congress.—Not later than 2 years after the date of enactment of this Act, the Secretary shall transmit to Congress a report containing the comprehensive plan. (6) Additional studies and analyses.—After transmission of a report under paragraph (5), the Secretary shall continue to conduct such studies and analyses related to the comprehensive plan as are necessary, consistent with this subsection. (c) Critical Restoration Projects.— (1) In general.—If the Secretary, in cooperation with appropriate Federal agencies and the State of Illinois, determines that a restoration project for the Illinois River basin 114 STAT. 2654will produce independent, immediate, and substantial restoration, preservation, and protection benefits, the Secretary shall proceed expeditiously with the implementation of the project. (2) Authorization of appropriations.—There is authorized to be appropriated to carry out projects under this subsection $100,000,000 for fiscal years 2001 through 2004. (3) Federal share.—The Federal share of the cost of carrying out any project under this subsection shall not exceed $5,000,000. (d) General Provisions.— (1) Water quality.—In carrying out projects and activities under this section, the Secretary shall take into account the protection of water quality by considering applicable State water quality standards. (2) Public participation.—In developing the comprehensive plan under subsection (b) and carrying out projects under subsection (c), the Secretary shall implement procedures to facilitate public participation, including providing advance notice of meetings, providing adequate opportunity for public input and comment, maintaining appropriate records, and making a record of the proceedings of meetings available for public inspection. (e) Coordination.—The Secretary shall integrate and coordinate projects and activities carried out under this section with ongoing Federal and State programs, projects, and activities, including the following: (1) Upper Mississippi River System-Environmental Management Program authorized under section 1103 of the Water Resources Development Act of 1986 (33 U.S.C. 652). (2) Upper Mississippi River Illinois Waterway System Study. (3) Kankakee River Basin General Investigation. (4) Peoria Riverfront Development General Investigation. (5) Illinois River Ecosystem Restoration General Investigation. (6) Conservation Reserve Program (and other farm programs of the Department of Agriculture). (7) Conservation Reserve Enhancement Program (State) and Conservation 2000 Ecosystem Program of the Illinois Department of Natural Resources. (8) Conservation 2000 Conservation Practices Program and the Livestock Management Facilities Act administered by the Illinois Department of Agriculture. (9) National Buffer Initiative of the Natural Resources Conservation Service. (10) Nonpoint source grant program administered by the Illinois Environmental Protection Agency. (f) Justification.— (1) In general.—Notwithstanding section 209 of the Flood Control Act of 1970 (42 U.S.C. 1962–2) or any other provision of law, in carrying out activities to restore, preserve, and protect the Illinois River basin under this section, the Secretary may determine that the activities— (A) are justified by the environmental benefits derived by the Illinois River basin; and (B) shall not need further economic justification if the Secretary determines that the activities are cost-effective.114 STAT. 2655 (2) Applicability.—Paragraph (1) shall not apply to any separable element intended to produce benefits that are predominantly unrelated to the restoration, preservation, and protection of the Illinois River basin. (g) Cost Sharing.— (1) In General.—The non-Federal share of the cost of projects and activities carried out under this section shall be 35 percent. (2) Operation, Maintenance, Rehabilitation, and Replacement.—The operation, maintenance, rehabilitation, and replacement of projects carried out under this section shall be a non-Federal responsibility. (3) In-kind services.—The Secretary may credit the value of in-kind services provided by the non-Federal interest for a project or activity carried out under this section toward not more than 80 percent of the non-Federal share of the cost of the project or activity. In-kind services shall include all State funds expended on programs and projects that accomplish the goals of this section, as determined by the Secretary. The programs and projects may include the Illinois River Conservation Reserve Program, the Illinois Conservation 2000 Program, the Open Lands Trust Fund, and other appropriate programs carried out in the Illinois River basin. (4) Credit.— (A) Value of lands.—If the Secretary determines that lands or interests in land acquired by a non-Federal interest, regardless of the date of acquisition, are integral to a project or activity carried out under this section, the Secretary may credit the value of the lands or interests in land toward the non-Federal share of the cost of the project or activity. Such value shall be determined by the Secretary. (B) Work.—If the Secretary determines that any work completed by a non-Federal interest, regardless of the date of completion, is integral to a project or activity carried out under this section, the Secretary may credit the value of the work toward the non-Federal share of the cost of the project or activity. Such value shall be determined by the Secretary.