II

103D CONGRESS

2D SESSION S. 2418

To improve the management of floodplains, to protect and restore the

environment in floodplains, and for other purposes.

IN THE SENATE OF THE UNITED STATES

AUGUST 24 (legislative day, AUGUST 18), 1994

Mr. BAUCUS introduced the following bill; which was read twice and referred

to the Committee on Environment and Public Works

A BILL

To improve the management of floodplains, to protect and

restore the environment in floodplains, and for other

purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Floodplain Management, Environmental Restoration,

6 and Recreation Act of 1994’’.

7 (b) TABLE OF CONTENTS.—

Sec. 1. Short title; table of contents.

Sec. 2. Definition of Secretary.

TITLE I—FLOODPLAIN MANAGEMENT

Sec. 101. Water Resources Council.
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Sec. 102. Upper Mississippi River system flood management.

Sec. 103. Lower Mississippi River system flood management.

Sec. 104. Missouri River Basin Association.

Sec. 105. Studies.

Sec. 106. River basin management plans.

Sec. 107. Determination of flood control benefits.

Sec. 108. Use of funds for nonstructural measures.

Sec. 109. Levee maintenance and repair program.

Sec. 110. Missouri River floodway project.

Sec. 111. Buy-out funding.

Sec. 112. Watershed approach to flood loss reduction.

TITLE II—ENVIRONMENTAL PROTECTION AND RECREATION

Sec. 201. Findings.

Sec. 202. Project modifications for improvement of the environment.

Sec. 203. Aquatic ecosystem restoration.

Sec. 204. Revision of Principles and Guidelines.

Sec. 205. Small recreation and environmental projects.

Sec. 206. Cost share for recreation projects.

Sec. 207. Local cost-share credit for in-kind contributions for environmental

and recreation projects.

Sec. 208. Rebuilding recreational facilities after reservoir drawdowns.

1 SEC. 2. DEFINITION OF SECRETARY.

2 As used in this Act, the term ‘‘Secretary’’ means the

3 Secretary of the Army.

4 TITLE I—FLOODPLAIN

5 MANAGEMENT

6 SEC. 101. WATER RESOURCES COUNCIL.

7 (a) MEMBERSHIP AND PURPOSES.—Section 101 of

8 the Water Resources Planning Act (42 U.S.C. 1962a) is

9 amended—

10 (1) in the first sentence, by striking ‘‘and the

11 Chairman of the Federal Power Commission’’ and

12 inserting ‘‘the Secretary of Energy, and the Director

13 of the Federal Emergency Management Agency’’;

14 (2) in the second sentence, by inserting ‘‘(or

15 designees of the heads)’’ after ‘‘agencies’’; and
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1 (3) in the third sentence, by striking ‘‘des2 ignated by the President.’’ and inserting ‘‘the Chair3 man of the Council on Environmental Quality estab4 lished by section 202 of the National Environmental

5 Policy Act of 1969 (42 U.S.C. 4342). The Chairman

6 of the Council shall report directly to the Presi7 dent.’’.

8 (b) DUTIES.—Section 102 of such Act (42 U.S.C.

9 1962a–1) is amended—

10 (1) by striking ‘‘(a)’’ and inserting ‘‘(1)’’;

11 (2) in paragraph (1) (as so redesignated), by

12 striking ‘‘and’’ at the end;

13 (3) by striking ‘‘(b)’’ and inserting ‘‘(2)’’;

14 (4) in paragraph (2) (as so redesignated), by

15 striking the period at the end and inserting a semi16 colon; and

17 (5) by adding at the end the following new

18 paragraphs:

19 ‘‘(3) serve as the primary center for assistance

20 concerning the coordination and resolution of inter21 state and interagency water resources management

22 issues;

23 ‘‘(4)(A) seek to align Federal floodplain man24 agement with other broad national goals; and
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1 ‘‘(B) serve as an innovative planning and tech2 nology clearinghouse for floodplain management;

3 ‘‘(5) not later than March 1, 1996, prepare and

4 submit to Congress a report evaluating the efforts of

5 the Secretary of the Army to change the policies and

6 practices of the Army Corps of Engineers concerning

7 the use of structural solutions to water resources

8 management problems; and

9 ‘‘(6) oversee the activities of—

10 ‘‘(A) the Upper Mississippi River Flood

11 Management Coordinating Committee estab12 lished under section 102(b) of the Floodplain

13 Management, Environmental Restoration, and

14 Recreation Act of 1994;

15 ‘‘(B) the Lower Mississippi River Flood

16 Management Coordinating Committee estab17 lished under section 103(c) of the Floodplain

18 Management, Environmental Restoration, and

19 Recreation Act of 1994; and

20 ‘‘(C) the Missouri River Flood Manage21 ment Coordinating Committee established under

22 section 104(c) of the Floodplain Management,

23 Environmental Restoration, and Recreation Act

24 of 1994.’’.
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1 (c) AUTHORIZATION OF APPROPRIATIONS.—Section

2 401 of such Act (42 U.S.C. 1962d) is amended to read

3 as follows:

4 ‘‘SEC. 401. AUTHORIZATION OF APPROPRIATIONS.

5 ‘‘There are authorized to be appropriated to the

6 Water Resources Council to carry out title I and this title

7 $1,000,000 for each fiscal year.’’.

8 (d) CONFORMING AMENDMENT.—Section 13(e) of

9 the Federal Nonnuclear Energy Research and Develop10 ment Act of 1974 (42 U.S.C. 5912(e)) is amended by

11 striking ‘‘section 102(a) of the Water Resources Planning

12 Act (42 U.S.C. 1962a–1(a))’’ and inserting ‘‘section

13 102(1) of the Water Resources Planning Act (42 U.S.C.

14 1962a–1(1))’’.

15 SEC. 102. UPPER MISSISSIPPI RIVER SYSTEM FLOOD MAN16 AGEMENT.

17 (a) DEFINITION OF UPPER MISSISSIPPI RIVER SYS18 TEM.—Section 1103 of the Water Resources Development

19 Act of 1986 (33 U.S.C. 652) is amended—

20 (1) in subsection (b), by striking paragraph (1)

21 and inserting the following new paragraph:

22 ‘‘(1) the terms ‘Upper Mississippi River system’

23 and ‘system’ mean the Mississippi River and the

24 tributaries of the river north of and adjacent to
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1 Cairo, Illinois, except for the Missouri River and the

2 tributaries of the river;’’; and

3 (2) in subsection (e), by striking paragraph (2)

4 and inserting the following new paragraph:

5 ‘‘(2) REPORT.—Not later than 2 years after the

6 date of enactment of the Floodplain Management,

7 Environmental Restoration, and Recreation Act of

8 1994, the Secretary and the Secretary of the Inte9 rior, in cooperation with the States of Illinois, Iowa,

10 Minnesota, Missouri, and Wisconsin, and with the

11 approval of the Upper Mississippi River Basin Asso12 ciation, shall prepare and submit to Congress a re13 port that assesses the environmental sustainability

14 of the Upper Mississippi River system, evaluates the

15 programs referred to in paragraph (1), and rec16 ommends additional or alternative actions to en17 hance and protect the long-term ecological integrity

18 of the basin of the Upper Mississippi River system.

19 The report shall use information obtained through

20 the long-term resource monitoring program referred

21 to in paragraph (1)(B) and shall address both wa22 tershed and floodplain actions.’’.

23 (b) FLOOD MANAGEMENT COORDINATING COMMIT24 TEE.—
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1 (1) ESTABLISHMENT.—The Secretary shall es2 tablish a committee to be known as the ‘‘Upper Mis3 sissippi River Flood Management Coordinating Com4 mittee’’ to review and recommend approval or dis5 approval of the river basin management plan devel6 oped under section 106(a).

7 (2) MEMBERSHIP.—The Committee shall con8 sist of the Secretary, the Secretary of the Interior,

9 the Secretary of Agriculture, and the Governors of

10 the States of Illinois, Iowa, Minnesota, Missouri, and

11 Wisconsin.

12 (3) OVERSIGHT.—The Committee shall report

13 to the Water Resources Council established under

14 title I of the Water Resources Planning Act (42

15 U.S.C. 1962a et seq.).

16 (4) COMPENSATION.—A member of the Com17 mittee who is an officer or employee of the Federal

18 Government shall serve without additional com19 pensation. A member of the Committee who is a

20 Governor shall not receive any compensation from

21 the Federal Government for the service of the mem22 ber on the Committee.

23 SEC. 103. LOWER MISSISSIPPI RIVER SYSTEM FLOOD MAN24 AGEMENT.

25 (a) DEFINITIONS.— As used in this section:
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1 (1) LOWER MISSISSIPPI RIVER SYSTEM.—The

2 terms ‘‘Lower Mississippi River system’’ and ‘‘sys3 tem’’ mean the Mississippi River and the tributaries

4 of the river south of, and adjacent to, Cairo, Illinois,

5 except for the Ohio River and the tributaries of the

6 river.

7 (2) MISSISSIPPI RIVER COMMISSION.—The term

8 ‘‘Mississippi River Commission’’ means the commis9 sion established by the Act of June 28, 1879 (21

10 Stat. 37, chapter 43; 33 U.S.C. 641).

11 (b) PROGRAM AUTHORITY.—The Secretary, in con12 sultation with the Secretary of the Interior, the Secretary

13 of Agriculture, and the Secretary of Transportation, shall

14 carry out, with respect to the system and consistent with

15 the river basin management plan developed under section

16 106(b)—

17 (1) a program for the planning, construction,

18 and evaluation of measures for fish and wildlife

19 habitat restoration and enhancement; and

20 (2) a long-term resource monitoring program.

21 (c) FLOOD MANAGEMENT COORDINATING COMMIT22 TEE.—

23 (1) ESTABLISHMENT.—The Secretary shall es24 tablish a subcommittee of the Mississippi River

25 Commission to be known as the ‘‘Lower Mississippi
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1 River Flood Management Coordinating Committee’’

2 to review and recommend approval or disapproval of

3 projects developed under the programs established

4 under subsection (b) and the river basin manage5 ment plan developed under section 106(b).

6 (2) MEMBERSHIP.—The Committee shall con7 sist of the Secretary, the Secretary of the Interior,

8 the Secretary of Agriculture, the Secretary of Trans9 portation, and the Governors of the States of Arkan10 sas, Kentucky, Louisiana, Mississippi, Missouri, and

11 Tennessee.

12 (3) OVERSIGHT.—The Committee shall report

13 to the Water Resources Council established under

14 title I of the Water Resources Planning Act (42

15 U.S.C. 1962a et seq.) and coordinate activities with

16 the Mississippi River Commission.

17 (d) AUTHORIZATION OF APPROPRIATIONS.—

18 (1) FLOOD MANAGEMENT PROGRAM.—There

19 are authorized to be appropriated to the Department

20 of the Army to carry out subsection (b)(1)

21 $13,000,000 for each of the first 5 fiscal years be22 ginning after the date of completion of the river

23 basin management plan under section 106(b).

24 (2) LONG-TERM RESOURCE MONITORING PRO25 GRAM.—There are authorized to be appropriated to
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1 the Department of the Army to carry out subsection

2 (b)(2) $5,000,000 for each of the first 5 fiscal years

3 beginning after the date of completion of the river

4 basin management plan under section 106(b).

5 SEC. 104. MISSOURI RIVER BASIN ASSOCIATION.

6 (a) DEFINITIONS.— As used in this section:

7 (1) MISSOURI RIVER BASIN ASSOCIATION.—The

8 term ‘‘Missouri River Basin Association’’ means an

9 association of representatives of the States of Iowa,

10 Kansas, Missouri, Montana, Nebraska, North Da11 kota, and South Dakota formed for the purposes of

12 cooperative effort and united assistance in the com13 prehensive planning for the use, protection, growth,

14 and development of the Missouri River system.

15 (2) MISSOURI RIVER SYSTEM.—The terms

16 ‘‘Missouri River system’’ and ‘‘system’’ mean the

17 Missouri River and the tributaries of the river.

18 (b) PROGRAM AUTHORITY.—The Secretary, in con19 sultation with the Secretary of the Interior, the Secretary

20 of Agriculture, and the Secretary of Transportation, shall

21 carry out, with respect to the system and consistent with

22 the river basin management plan developed under section

23 106(c)—
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1 (1) a program for the planning, construction,

2 and evaluation of measures for fish and wildlife

3 habitat restoration and enhancement;

4 (2) a long-term resource monitoring program;

5 and

6 (3) a program for the planning and construc7 tion of recreation projects.

8 (c) FLOOD MANAGEMENT COORDINATING COMMIT9 TEE.—

10 (1) ESTABLISHMENT.—The Secretary shall es11 tablish a subcommittee of the Missouri River Basin

12 Association to be known as the ‘‘Missouri River

13 Flood Management Coordinating Committee’’ to re14 view and recommend approval or disapproval of

15 projects developed under the programs established

16 under subsection (b) and the river basin manage17 ment plan developed under section 106(c).

18 (2) MEMBERSHIP.—The Committee shall con19 sist of the Secretary, the Secretary of the Interior,

20 the Secretary of Agriculture, the Secretary of Trans21 portation, and the Governors of the States of Iowa,

22 Kansas, Missouri, Montana, Nebraska, North Da23 kota, and South Dakota.

24 (3) OVERSIGHT.—The Committee shall report

25 to the Water Resources Council established under
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1 title I of the Water Resources Planning Act (42

2 U.S.C. 1962a et seq.).

3 (d) AUTHORIZATION OF APPROPRIATIONS.—

4 (1) FLOOD MANAGEMENT PROGRAM.—There

5 are authorized to be appropriated to the Department

6 of the Army to carry out subsection (b)(1)

7 $13,000,000 for each of the first 5 fiscal years be8 ginning after the date of completion of the river

9 basin management plan under section 106(c).

10 (2) LONG-TERM RESOURCE MONITORING PRO11 GRAM.—There are authorized to be appropriated to

12 the Department of the Army to carry out subsection

13 (b)(2) $5,000,000 for each of the first 5 fiscal years

14 beginning after the date of completion of the river

15 basin management plan under section 106(c).

16 (3) RECREATION PROJECT CONSTRUCTION PRO17 GRAM.—There are authorized to be appropriated to

18 the Department of the Army to carry out subsection

19 (b)(3) $2,000,000 for each of the first 5 fiscal years

20 beginning after the date of completion of the river

21 basin management plan under section 106(c).

22 SEC. 105. STUDIES.

23 (a) IN GENERAL.—

24 (1) UPPER MISSISSIPPI RIVER BASIN LEVEES.—

25 In carrying out the study authorized under title I of
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1 the Energy and Water Development Appropriations

2 Act, 1994 (Public Law 103–126), concerning the

3 adequacy of flood control measures on the upper

4 Mississippi River and the tributaries of the river, the

5 Secretary of the Army shall survey the levees (other

6 than a levee that is constructed to less than a 10-

7 year flood protection level and that protects the land

8 of 5 or fewer landowners) in existence on the date

9 of completion of the study. The survey shall be a

10 general assessment of—

11 (A) the physical condition of each levee;

12 (B) the estimated economic benefit of the

13 levee to the area protected by the levee;

14 (C) the estimated environmental impact of

15 the levee; and

16 (D) the estimated cost of bringing the

17 levee into compliance with the standards of the

18 Army Corps of Engineers where the compliance

19 is necessary.

20 (2) HYDROLOGY OF UPPER MISSISSIPPI RIVER

21 BASIN.—

22 (A) IN GENERAL.—Not later than 2 years

23 after the date of enactment of this Act, the Sec24 retary shall conduct a study of the hydrology of

25 the Upper Mississippi River basin to determine
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1 the systemic effects of structural flood control

2 measures in existence on the date of completion

3 of the study, including the measures assessed

4 under the study described in paragraph (1).

5 (B) AUTHORIZATION OF APPROPRIA6 TIONS.—There are authorized to be appro7 priated to the Department of the Army

8 $10,000,000 to carry out this paragraph.

9 (3) LOCAL DRAINAGE SYSTEMS.—

10 (A) IN GENERAL.—Not later than 1 year

11 after the date of enactment of this Act, in con12 sultation with the Administrator of the Envi13 ronmental Protection Agency and the Secretary

14 of Housing and Urban Development, the Sec15 retary shall conduct a study to determine how

16 local drainage systems may be designed and

17 retrofitted to preserve aquatic habitat, limit po18 tential increases in flood discharges, and meet

19 the needs of the areas served by the systems.

20 (B) AUTHORIZATION OF APPROPRIA21 TIONS.—There are authorized to be appro22 priated to the Department of the Army

23 $1,000,000 to carry out this paragraph.

24 (4) FLOODPRONE AREAS.—
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1 (A) IN GENERAL.—Not later than 1 year

2 after the date of enactment of this Act, in co3 ordination with the Director of the Federal

4 Emergency Management Agency, the Secretary

5 shall conduct a study of the entire Mississippi

6 River and Missouri River basins to determine

7 the most frequently flooded areas with the

8 greatest loss of human life and property.

9 (B) AUTHORIZATION OF APPROPRIA10 TIONS.—There are authorized to be appro11 priated to the Department of the Army

12 $1,000,000 to carry out this paragraph.

13 (b) PROHIBITION ON DELEGATION.—Each study re14 quired under subsection (a) shall be carried out under the

15 personal direction of the Secretary. The conduct and su16 pervision of the studies may not be delegated below the

17 position of the Deputy Assistant Secretary of the Army

18 having responsibility for civil works.

19 SEC. 106. RIVER BASIN MANAGEMENT PLANS.

20 (a) UPPER MISSISSIPPI RIVER BASIN.—

21 (1) IN GENERAL.—To ensure the coordinated

22 development and enhancement of the Upper Mis23 sissippi River system, the Secretary, not later than

24 2 years after the date of enactment of this Act, shall

25 develop, in consultation with the Upper Mississippi
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1 River Basin Association and the Upper Mississippi

2 River Flood Management Coordinating Committee

3 established under section 102(b), a comprehensive

4 river basin management plan that addresses the

5 long-term ecological, economic, and flood control

6 needs of the basin of the Upper Mississippi River

7 system.

8 (2) CONTENTS OF PLAN.—The plan shall pro9 vide for the integration of the flood-control facilities

10 in existence on the date of enactment of this Act in

11 the basin of the Upper Mississippi River system into

12 an efficiently functioning flood damage reduction

13 system, including structural and nonstructural meas14 ures, that is compatible with the functioning and

15 restoration of the floodplain ecosystem.

16 (3) PUBLIC PARTICIPATION.—In order to pro17 vide for the full participation of affected persons and

18 persons interested in floodplain management, the

19 plan shall be developed—

20 (A) in consultation with the Governors of

21 the States of Illinois, Iowa, Minnesota, Mis22 souri, and Wisconsin, or designees of the Gov23 ernors;

24 (B) in consultation with non-Federal inter25 ests; and
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1 (C) in a manner that is consistent with—

2 (i) the National Environmental Policy

3 Act of 1969 (42 U.S.C. 4321 et seq.); and

4 (ii) the Economic and Environmental

5 Principles and Guidelines for Water and

6 Related Land Resources Implementation

7 Studies after the revision of the Principles

8 and Guidelines pursuant to section 204(a).

9 (4) DEFINITIONS.—As used in this subsection:

10 (A) NONSTRUCTURAL MEASURE.—The

11 term ‘‘nonstructural measure’’ means—

12 (i) the floodproofing of a structure;

13 (ii) a flood warning system;

14 (iii) floodplain regulation and manage15 ment;

16 (iv) the acquisition of floodplain land

17 for recreational, fish and wildlife, riparian

18 restoration, wetlands restoration, and other

19 public purposes;

20 (v) relocation; and

21 (vi) any other measure not involving a

22 structure that is designed to or has the ef23 fect of changing the natural flow of a river

24 that floods.
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1 (B) UPPER MISSISSIPPI RIVER BASIN ASSO2 CIATION.—The term ‘‘Upper Mississippi River

3 Basin Association’’ has the meaning provided in

4 section 1103(b)(4) of the Water Resources De5 velopment Act of 1986 (33 U.S.C. 652(b)(4)).

6 (C) UPPER MISSISSIPPI RIVER SYSTEM.—

7 The term ‘‘Upper Mississippi River system’’ has

8 the meaning provided in section 1103(b)(1) of

9 such Act (33 U.S.C. 652(b)(1)).

10 (b) LOWER MISSISSIPPI RIVER BASIN.—

11 (1) IN GENERAL.—To ensure the coordinated

12 development and enhancement of the Lower Mis13 sissippi River system (as defined in section

14 103(a)(1)), the Secretary, not later than 2 years

15 after the date of enactment of this Act, in consulta16 tion with the Upper Mississippi River Flood Man17 agement Coordinating Committee established under

18 section 102(b) and the Mississippi River Commission

19 established by the Act of June 28, 1879 (21 Stat.

20 37, chapter 43; 33 U.S.C. 641), shall develop a com21 prehensive river basin management plan that ad22 dresses the long-term ecological, economic, and flood

23 control needs of the basin of the Lower Mississippi

24 River system.
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1 (2) PUBLIC PARTICIPATION.—In order to pro2 vide for the full participation of affected persons and

3 persons interested in floodplain management, the

4 plan shall be developed—

5 (A) in consultation with the Governors of

6 the States of Arkansas, Kentucky, Louisiana,

7 Mississippi, Missouri, and Tennessee; and

8 (B) in a manner that is consistent with—

9 (i) the National Environmental Policy

10 Act of 1969 (42 U.S.C. 4321 et seq.); and

11 (ii) the Economic and Environmental

12 Principles and Guidelines for Water and

13 Related Land Resources Implementation

14 Studies after the revision of the Principles

15 and Guidelines pursuant to section 204(a).

16 (c) MISSOURI RIVER BASIN.—

17 (1) IN GENERAL.—To ensure the coordinated

18 development and enhancement of the Missouri River

19 system (as defined in section 104(a)(2)), the Sec20 retary, not later than 2 years after the date of en21 actment of this Act, in consultation with the Mis22 souri River Basin Association (as defined in section

23 104(a)(1)) and the Missouri River Flood Manage24 ment Coordinating Committee established under sec25 tion 104(c), shall develop a comprehensive river
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1 basin management plan that addresses the long-term

2 ecological, economic, and flood control needs of the

3 basin of the Missouri River system.

4 (2) PUBLIC PARTICIPATION.—In order to pro5 vide for the full participation of affected persons and

6 persons interested in floodplain management, the

7 plan shall be developed—

8 (A) in consultation with the Governors of

9 the States of Iowa, Kansas, Missouri, Montana,

10 Nebraska, North Dakota, and South Dakota;

11 and

12 (B) in a manner that is consistent with—

13 (i) the National Environmental Policy

14 Act of 1969 (42 U.S.C. 4321 et seq.); and

15 (ii) the Economic and Environmental

16 Principles and Guidelines for Water and

17 Related Land Resources Implementation

18 Studies after the revision of the Principles

19 and Guidelines pursuant to section 204(a).

20 (d) AUTHORIZATION OF APPROPRIATIONS.—There

21 are authorized to be appropriated $5,000,000 to carry out

22 this section.

23 SEC. 107. DETERMINATION OF FLOOD CONTROL BENEFITS.

24 Section 905 of the Water Resources Development Act

25 of 1986 (33 U.S.C. 2282) is amended—
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1 (1) in the second sentence of subsection (a), by

2 striking ‘‘Such feasibility report’’ and inserting

3 ‘‘Subject to subsection (e), the feasibility report’’;

4 (2) in the second sentence of subsection (b), by

5 striking ‘‘Such reconnaissance study’’ and inserting

6 ‘‘Subject to subsection (e), the reconnaissance

7 study’’; and

8 (3) by adding at the end the following new sub9 section:

10 ‘‘(e) DETERMINATION OF FLOOD CONTROL BENE11 FITS.—In preparing a feasibility report under subsection

12 (a), or a reconnaissance study under subsection (b), for

13 a water resources project, the flood control benefits deter14 mined for the project shall not include the benefits derived

15 from any use of the 100-year floodplain that involves, after

16 the date of initiation of the reconnaissance study for the

17 project—

18 ‘‘(1) the construction of a new structure;

19 ‘‘(2) a substantial improvement to a structure;

20 or

21 ‘‘(3) any other change in an activity in the area

22 of the floodplain in which the project is located that

23 significantly increases the commercial or resale value

24 of property in the floodplain subject to damage from

25 flooding.’’.
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1 SEC. 108. USE OF FUNDS FOR NONSTRUCTURAL MEASURES.

2 Section 5(a) of the Act entitled ‘‘An Act authorizing

3 the construction of certain public works on rivers and har4 bors for flood control, and for other purposes’’, approved

5 August 18, 1941 (33 U.S.C. 701n(a)), is amended by add6 ing at the end the following new paragraph:

7 ‘‘(3) NONSTRUCTURAL MEASURES.—

8 ‘‘(A) USE OF FUNDS.—The Secretary may

9 use funds from the emergency fund authorized

10 under paragraph (1) to replace with a non11 structural measure any flood control measure

12 damaged or destroyed by flood.

13 ‘‘(B) OTHER FUNDS.—The Secretary shall

14 consult with the heads of other agencies and

15 other persons in an effort to combine funds

16 from the emergency fund authorized under

17 paragraph (1) with funds available from other

18 Federal programs, and with funds from State,

19 local, and private sources, for the purpose of

20 using nonstructural measures to reduce damage

21 in the event of future flooding.

22 ‘‘(C) MITIGATION PLANS.—At the request

23 of a non-Federal interest with jurisdiction over

24 an area that has been subject to repeat flood25 ing, as identified by the Director of the Federal

26 Emergency Management Agency or as deter-
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1 mined pursuant to the study required under

2 section 105(a)(4) of the Floodplain Manage3 ment, Environmental Restoration, and Recre4 ation Act of 1994, the Secretary may use funds

5 from the emergency fund authorized under

6 paragraph (1) to develop a mitigation plan for

7 the area that provides for carrying out 1 or

8 more nonstructural measures to reduce damage

9 in the event of future flooding.

10 ‘‘(D) FUNDING FOR NONSTRUCTURAL

11 MEASURES.—

12 ‘‘(i) MINIMUM FUNDING LEVEL.—Ex13 cept as provided in clause (ii), not less

14 than 15 percent of all funds expended for

15 each fiscal year by the Secretary for the

16 purpose of flood control (including funds

17 from the emergency fund authorized under

18 paragraph (1) and funds allotted under

19 section 205 of the Flood Control Act of

20 1948 (33 U.S.C. 701s)) shall be used for

21 the study, design, construction, and imple22 mentation of nonstructural measures.

23 ‘‘(ii) WAIVER.—With respect to a fis24 cal year, the Secretary may apply to the

25 Water Resources Council established under
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1 title I of the Water Resources Planning

2 Act (42 U.S.C. 1962a et seq.) for a waiver

3 from the minimum funding level estab4 lished under clause (i). The Water Re5 sources Council may grant the waiver—

6 ‘‘(I) if the Secretary dem7 onstrates, to the satisfaction of the

8 Council, that there are an insufficient

9 number of appropriate nonstructural

10 measures on which to expend the full

11 amount of the funds; and

12 ‘‘(II) only to the extent that the

13 minimum funding level cannot be met

14 because of the insufficiency.

15 ‘‘(E) COST SHARE FOR NONSTRUCTURAL

16 MEASURES.—The Federal share of the cost of

17 an activity relating to a nonstructural measure

18 carried out under this paragraph shall be 75

19 percent. The non-Federal interests with respect

20 to such a measure shall provide all land, ease21 ments, rights-of-way, dredged material disposal

22 areas, and relocations necessary for the meas23 ure, but shall not be required to contribute any

24 amount in cash during the construction or im25 plementation of the measure.’’.
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1 SEC. 109. LEVEE MAINTENANCE AND REPAIR PROGRAM.

2 Section 5(a) of the Act entitled ‘‘An Act authorizing

3 the construction of certain public works on rivers and har4 bors for flood control, and for other purposes’’, approved

5 August 18, 1941 (33 U.S.C. 701n(a)) (as amended by sec6 tion 108), is further amended by adding at the end the

7 following new paragraphs:

8 ‘‘(4) LEVEE MAINTENANCE AND REPAIR PRO9 GRAM.—

10 ‘‘(A) IN GENERAL.—Except as provided in

11 subparagraph (B), the Secretary shall coordi12 nate and carry out repair and rehabilitation of

13 a levee, after the levee is damaged by a flood

14 or other natural disaster, if the State or local

15 interest with respect to the levee—

16 ‘‘(i) participates in the national flood

17 insurance program established under chap18 ter 1 of the National Flood Insurance Act

19 of 1968 (42 U.S.C. 4011 et seq.) with re20 spect to the levee;

21 ‘‘(ii) carries out routine operation and

22 maintenance and upkeep of the levee;

23 ‘‘(iii) in the case of a levee that pro24 vides 100-year flood protection, requires all

25 properties protected by the levee to comply

26 with the national flood insurance program;
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1 ‘‘(iv) in the case of a levee that pro2 vides less than 100-year flood protection,

3 requires insurance on all structures and

4 crops protected by the levee;

5 ‘‘(v) with respect to the repair and re6 habilitation, meets the cost-sharing re7 quirements for flood control projects speci8 fied in section 103(a) of the Water Re9 sources Development Act of 1986 (33

10 U.S.C. 2213(a)), except that the minimum

11 non-Federal share shall be 20 percent;

12 ‘‘(vi) provides for appropriate environ13 mental enhancements to the land protected

14 by the levee, in coordination with appro15 priate Federal and State agencies;

16 ‘‘(vii) does not raise the height of the

17 levee immediately preceding or during a

18 flood without the prior agreement of the

19 State and the Army Corps of Engineers;

20 and

21 ‘‘(viii) in the case of a levee not pre22 viously subject to the engineering stand23 ards of the Army Corps of Engineers (as

24 of the day before the date of the damage),
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1 brings the levee into compliance with the

2 standards.

3 ‘‘(B) INELIGIBLE LEVEES.—A levee shall

4 not be eligible for Federal assistance under sub5 paragraph (A) if the Secretary determines that

6 the levee—

7 ‘‘(i) is in a hydrologically inappropri8 ate location, as determined pursuant to the

9 study required under section 105(a)(2) of

10 the Floodplain Management, Environ11 mental Restoration, and Recreation Act of

12 1994;

13 ‘‘(ii) is inconsistent with the Economic

14 and Environmental Principles and Guide15 lines for Water and Related Land Re16 sources Implementation Studies after the

17 revision of the Principles and Guidelines

18 pursuant to section 204(a) of such Act; or

19 ‘‘(iii) should be replaced with 1 or

20 more nonstructural measures.

21 ‘‘(C) LEVEE OWNERS MANUAL.—

22 ‘‘(i) IN GENERAL.—Not later than 1

23 year after the date of enactment of this

24 paragraph, the Secretary shall prepare a

25 manual describing the maintenance and
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1 upkeep responsibilities that the Army

2 Corps of Engineers requires of a non-Fed3 eral interest in order for the non-Federal

4 interest to receive Federal assistance under

5 this paragraph, including responsibilities

6 relating to compliance with the Principles

7 and Guidelines referred to in subparagraph

8 (B)(ii). The Secretary shall provide a copy

9 of the manual to each non-Federal interest

10 that receives Federal assistance under this

11 paragraph.

12 ‘‘(ii) PROHIBITION ON DELEGA13 TION.—The preparation of the manual

14 shall be carried out under the personal di15 rection of the Secretary and may not be

16 delegated below the position of the Assist17 ant Secretary of the Army having respon18 sibility for civil works.

19 ‘‘(iii) AUTHORIZATION OF APPROPRIA20 TIONS.—There are authorized to be appro21 priated $1,000,000 to carry out this sub22 paragraph.

23 ‘‘(5) LOCAL COST-SHARE CREDIT FOR IN-KIND

24 CONTRIBUTIONS.—
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1 ‘‘(A) IN GENERAL.—In meeting the cost2 sharing requirements of an activity assisted by

3 the Secretary under paragraph (3) or (4), the

4 non-Federal interest may—

5 ‘‘(i) accept from any source contribu6 tions of funds, materials, services, and

7 other items of value, and in-kind contribu8 tions, for the purpose of providing a por9 tion of the non-Federal share of the cost of

10 the activity; and

11 ‘‘(ii) provide a noncash contribution

12 described in clause (i) for that purpose.

13 ‘‘(B) DETERMINATION OF VALUE.—A

14 noncash contribution described in subparagraph

15 (A) may be credited towards the non-Federal

16 share of the cost of the activity if the contribu17 tion has a positive impact on the activity. The

18 value of the contribution shall be determined in

19 advance of the crediting of the contribution by

20 mutual agreement of the Army Corps of Engi21 neers and the non-Federal interest. If the Army

22 Corps of Engineers denies credit for a contribu23 tion, the denial may be appealed to the Sec24 retary.

25 ‘‘(6) DEFINITIONS.—As used in this subsection:
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1 ‘‘(A) MAINTENANCE AND UPKEEP.—The

2 term ‘maintenance and upkeep’ means all main3 tenance and general upkeep of a levee per4 formed on a regular and consistent basis that

5 is not repair and rehabilitation.

6 ‘‘(B) NONSTRUCTURAL MEASURE.—The

7 term ‘nonstructural measure’ means—

8 ‘‘(i) the floodproofing of a structure;

9 ‘‘(ii) a flood warning system;

10 ‘‘(iii) floodplain regulation and man11 agement;

12 ‘‘(iv) the acquisition of floodplain land

13 for recreational, fish and wildlife, riparian

14 restoration, wetlands restoration, or other

15 public purposes;

16 ‘‘(v) relocation; and

17 ‘‘(vi) any other measure not involving

18 a structure that is designed to or has the

19 effect of changing the natural flow of a

20 river that floods.

21 ‘‘(C) REPAIR AND REHABILITATION.—The

22 term ‘repair and rehabilitation’—

23 ‘‘(i) except as provided in clause (ii),

24 means the rebuilding or repair of a levee or

25 other flood control structure, after the
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1 structure has been damaged by a flood, to

2 the level of protection provided by the

3 structure before the flood; and

4 ‘‘(ii) does not include—

5 ‘‘(I) any improvement to the

6 structure; or

7 ‘‘(II) rebuilding or repair de8 scribed in clause (i) if, in the normal

9 course of usage, the structure becomes

10 structurally unsound and is no longer

11 fit to provide the level of protection

12 for which the structure was designed.

13 ‘‘(D) SECRETARY.—The term ‘Secretary’

14 means the Secretary of the Army.’’.

15 SEC. 110. MISSOURI RIVER FLOODWAY PROJECT.

16 (a) IN GENERAL.—For the purpose of improving the

17 riparian habitat and reducing flood losses along the Mis18 souri River, the Secretary shall pay the Federal share of

19 purchasing, from willing sellers, land along the Missouri

20 River between Sioux City, Iowa, and St. Louis, Missouri.

21 In determining the land to be purchased, the Secretary

22 may use data collected by the Scientific Assessment and

23 Strategy Team for the Interagency Floodplain Manage24 ment Review Committee, and shall consult with the Sec25 retary of the Interior and the Secretary of Agriculture.
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1 (b) COST-SHARING.—The Federal share of the cost

2 of purchasing a parcel of land under this section shall be

3 not more than 80 percent.

4 (c) AUTHORIZATION OF APPROPRIATIONS.—There

5 are authorized to be appropriated to carry out this section

6 $8,000,000 for each of fiscal years 1995 through 2004.

7 SEC. 111. BUY-OUT FUNDING.

8 (a) IN GENERAL.—In each fiscal year, the Secretary

9 shall purchase land or easements and relocate willing sell10 ers in floodprone areas, or areas protected by flood control

11 structures that repeatedly fail, as determined pursuant to

12 the study required under section 105(a)(4).

13 (b) COOPERATION WITH OTHER AGENCIES.—To the

14 maximum extent practicable, the Secretary shall—

15 (1) combine funds made available under this

16 section with funds of other Federal agencies avail17 able for the same purpose; and

18 (2) cooperate with other Federal agencies to

19 identify areas that, if purchased, would be available

20 to achieve multiple Federal purposes, including a re21 duction in flood damages, a decrease in the repair

22 and rehabilitation required of flood control struc23 tures, and environmental enhancement.

24 (c) AUTHORIZATION OF APPROPRIATIONS.—There

25 are authorized to be appropriated to carry out this section
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1 $25,000,000 for each fiscal year, to remain available until

2 expended.

3 SEC. 112. WATERSHED APPROACH TO FLOOD LOSS REDUC4 TION.

5 Section 2 of the Act entitled ‘‘An Act authorizing the

6 construction of certain public works on rivers and harbors

7 for flood control, and for other purposes’’, approved June

8 22, 1936 (33 U.S.C. 701b), is amended by adding at the

9 end the following new sentence: ‘‘The Secretary of the

10 Army shall collaborate with Federal, State, and local agen11 cies during the planning, design, and construction phases

12 of all flood control projects for the purpose of adopting

13 a watershed-wide approach to the reduction of flood

14 losses.’’.

15 TITLE II—ENVIRONMENTAL

16 PROTECTION AND RECREATION

17 SEC. 201. FINDINGS.

18 Congress finds that—

19 (1) the rivers and reservoirs of the United

20 States are principal sources of water-based recre21 ation for the citizens of the United States;

22 (2) the water resources described in paragraph

23 (1) provide habitat to numerous species of animals

24 and plant life;
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1 (3) the water resources comprise important

2 ecosystems whose delicate balance is critical to sus3 taining and preserving the environment and natural

4 resources of the United States;

5 (4) the provision of recreation and the environ6 mental protection of water resources are proper ac7 tivities for the Federal Government in cooperation

8 with States, political subdivisions of States, and

9 local governments; and

10 (5) providing recreational opportunities and

11 protecting the environment are missions of the Army

12 Corps of Engineers of at least equal import to the

13 provision of flood control protection and navigational

14 opportunities along the inland and shoreline waters

15 and harbors and ports of the United States.

16 SEC. 202. PROJECT MODIFICATIONS FOR IMPROVEMENT

17 OF THE ENVIRONMENT.

18 (a) PAYMENT OF NON-FEDERAL SHARE THROUGH

19 IN-KIND CONTRIBUTIONS.—Section 1135(b) of the Water

20 Resources Development Act of 1986 (33 U.S.C. 2309a(b))

21 is amended by inserting before the last sentence the fol22 lowing new sentence: ‘‘Not more than 80 percent of the

23 non-Federal share may be in kind, fairly evaluated, includ24 ing a facility, supply, or service that is necessary to carry

25 out the modification.’’.
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1 (b) MANDATORY REVIEW OF CONSTRUCTED

2 PROJECTS.—

3 (1) IN GENERAL.—The Secretary shall annually

4 conduct a review of not fewer than 5 flood control

5 projects, and not fewer than 5 navigation or other

6 projects, constructed or assisted by the Secretary—

7 (A) in accordance with subsection (a) of

8 section 1135 of the Water Resources Develop9 ment Act of 1986 (33 U.S.C. 2309a(a)); and

10 (B) to determine the need for environ11 mental restoration projects in river systems im12 pacted by the construction or operation of the

13 flood control, navigation, or other projects for

14 the purpose described in such subsection.

15 (2) GEOGRAPHIC REPRESENTATION.—With re16 spect to each annual review, the projects reviewed

17 shall be geographically representative of all flood

18 control, navigation, and other projects, constructed

19 or assisted by the Secretary.

20 (3) REPORT TO CONGRESS.—Not later than 18

21 months after the date of enactment of this Act and

22 every 2 years thereafter, the Secretary shall transmit

23 to Congress a report on the results of the review

24 conducted under paragraph (1), including rec25 ommendations resulting from the review.
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1 SEC. 203. AQUATIC ECOSYSTEM RESTORATION.

2 (a) PROGRAM.—The Secretary may pay the Federal

3 share of the cost of carrying out projects, and project com4 ponents, the primary purpose of which is the restoration

5 of an aquatic ecosystem or a portion of an aquatic eco6 system.

7 (b) COST-SHARING.—

8 (1) IN GENERAL.—The Federal share of a

9 project or component described in subsection (a)

10 shall be 75 percent. Any portion of the non-Federal

11 share of the cost of such a project or component (in12 cluding any portion of a feasibility plan) may be in

13 kind, fairly evaluated, including a facility, supply, or

14 service that is necessary to carry out the project. A

15 non-Federal interest shall not be required to provide

16 all land or interests in land (including any right-of17 way) with respect to the project.

18 (2) PROJECTS OF CRITICAL NATIONAL INTER19 EST.—

20 (A) IN GENERAL.—The Federal share of a

21 project or component described in subsection

22 (a) that is of critical national interest shall be

23 100 percent.

24 (B) TYPES OF PROJECTS.—A project de25 scribed in subsection (a) shall be considered to

26 be of critical national interest if—
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1 (i) the purpose of the project is to

2 provide national benefits by protecting and

3 restoring the structure, function, and hy4 drologic regime of an aquatic ecosystem;

5 and

6 (ii) the project is located on Federal

7 land or is approved by the Director of the

8 United States Fish and Wildlife Service,

9 the Director of the National Marine Fish10 eries Service, or the Director of the Na11 tional Park Service.

12 (c) RECONNAISSANCE STUDIES.—

13 (1) IN GENERAL.—Upon the request of, and in

14 coordination with, potential non-Federal interests

15 and the Administrator of the Environmental Protec16 tion Agency, the Director of the United States Fish

17 and Wildlife Service, the Director of the National

18 Marine Fisheries Service, or the Director of the Na19 tional Park Service, the Chief of Engineers of the

20 Army Corps of Engineers may carry out reconnais21 sance studies for aquatic restoration projects of crit22 ical national interest described in subsection (b)(2).

23 (2) AUTHORIZATION OF APPROPRIATIONS.—

24 There are authorized to be appropriated to carry out

25 paragraph (1) $15,000,000 for each fiscal year.
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1 (d) PROJECT RECOMMENDATIONS.—Congress may

2 not appropriate funds for an aquatic ecosystem restoration

3 project under this section unless the project receives a fa4 vorable recommendation from the Chief of Engineers of

5 the Army Corps of Engineers and the Secretary of the

6 Interior under the Fish and Wildlife Coordination Act (16

7 U.S.C. 661 et seq.).

8 (e) FUNDS FROM OTHER AGENCIES.—

9 (1) IN GENERAL.—In the case of an aquatic

10 ecosystem restoration project assisted under this sec11 tion, the Secretary shall coordinate with the heads of

12 other Federal agencies to determine whether con13 servation funds available to the agencies can and

14 should be used to contribute to the project. The Sec15 retary shall include funds so used as part of the de16 sign of the project if the project is approved by the

17 contributing agency.

18 (2) COST-SHARING.—Funds used for a project

19 under paragraph (1) shall not be subject to the cost20 sharing requirements of this section but shall be

21 subject to any cost-sharing requirements applicable

22 to the funds under other laws.

23 (f) RESPONSIBILITY FOR LAND.—In the case of an

24 aquatic ecosystem restoration project assisted under this

25 section, land or an interest in land may be held or acquired
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1 by any person or instrumentality of government, including

2 any Federal instrumentality, considered by the Army

3 Corps of Engineers to be capable of fulfilling the respon4 sibilities of holding and maintaining the land or interest

5 in a manner necessary for successful completion and oper6 ation of the project.

7 (g) APPLICABILITY.—If aquatic ecosystem restora8 tion is only 1 purpose of a project, the provisions of this

9 section concerning cost-sharing, consultation, and ap10 proval shall apply to each project component justified in

11 whole or in part by the contribution of the component to

12 aquatic ecosystem restoration.

13 (h) ENVIRONMENTAL IMPACTS ON AQUATIC SYS14 TEMS.—

15 (1) CONSIDERATION OF FISH AND WILDLIFE

16 BENEFITS.—For the purpose of a water resources

17 project carried out or assisted by the Secretary, fish

18 and wildlife benefits shall not be considered seg19 regable benefits but shall be considered part of

20 aquatic ecosystem preservation or restoration bene21 fits.

22 (2) ENVIRONMENTAL EVALUATIONS.—An envi23 ronmental evaluation of a water resources project

24 carried out or assisted by the Secretary that affects

25 the physical structure or hydrology of a river, lake,
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1 estuary, wetland, or any other component of an

2 aquatic system, shall be based on the impact of the

3 project on all functions of the aquatic system, in4 cluding the impact on each aquatic organism and

5 terrestrial organism that uses the aquatic system, on

6 water quality, and on downstream and upstream hy7 drology. In carrying out any such evaluation, the

8 Secretary shall consider the risk that the biological

9 impact of an adverse alteration of the natural hy10 drology and physical structure of an aquatic system

11 will be different and greater than the impact that

12 can be predicted using scientific knowledge as of the

13 date of the evaluation.

14 (3) MITIGATION.—In the case of a water re15 sources project that has an adverse effect on the

16 natural hydrology or physical structure of an aquatic

17 system, the focus of mitigation of the effect shall be

18 on efforts to restore the hydrology or structure of

19 the natural system to replicate the acreage and func20 tions lost or negatively impacted by the project.

21 (4) GUIDANCE.—Not later than 1 year after

22 the date of enactment of this Act, the Chief of Engi23 neers of the Army Corps of Engineers, in consulta24 tion with the Director of the United States Fish and

25 Wildlife Service, the Director of the National Marine
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1 Fisheries Service, and the Administrator of the En2 vironmental Protection Agency, shall issue technical

3 guidance for the implementation of this subsection.

4 SEC. 204. REVISION OF PRINCIPLES AND GUIDELINES.

5 (a) IN GENERAL.—Not later than 1 year after the

6 date of enactment of this Act, the Secretary, in consulta7 tion with the Principles and Guidelines Advisory Council

8 established under subsection (c), shall revise the Economic

9 and Environmental Principles and Guidelines for Water

10 and Related Land Resources Implementation Studies is11 sued on March 10, 1983, by the Water Resources Council

12 established under title I of the Water Resources Planning

13 Act (42 U.S.C. 1962a et seq.), to—

14 (1) establish economic and environmental bene15 fits as co-equal objectives of water resources plan16 ning, for the purpose of reviewing projects con17 structed by the Secretary;

18 (2) encourage the enhancement of the economic

19 development of the United States; and

20 (3) encourage the restoration and improvement

21 of the quality of the environment through the man22 agement, conservation, preservation, creation, res23 toration, and improvement of natural and cultural

24 resources and ecological systems.
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1 (b) REVISION OF PLANNING MANUALS.—The Sec2 retary shall use the Principles and Guidelines as revised

3 pursuant to subsection (a) to revise all planning manuals

4 used by the Secretary for the operation and construction

5 of water resources projects as soon as practicable, but not

6 later than 18 months after the date of enactment of this

7 Act.

8 (c) PRINCIPLES AND GUIDELINES ADVISORY COUN9 CIL.—

10 (1) ESTABLISHMENT.—The Secretary shall es11 tablish an advisory council to be known as the

12 ‘‘Principles and Guidelines Advisory Council’’ (re13 ferred to in this subsection as the ‘‘Council’’), con14 sisting of the Secretary, the Secretary of the Inte15 rior, the Secretary of Agriculture, and 3 members of

16 the public with expertise in water resources plan17 ning.

18 (2) DUTY.—The Council shall advise the Sec19 retary in carrying out subsections (a) and (b).

20 (3) COMPENSATION.—

21 (A) IN GENERAL.—Subject to subpara22 graph (B), each of the 3 members of the public

23 of the Council shall be compensated at a rate

24 equal to the daily equivalent of the annual rate

25 of basic pay prescribed for level IV of the Exec-
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1 utive Schedule under section 5315 of title 5,

2 United States Code, for each day, including

3 traveltime, during which the member is engaged

4 in the actual performance of the duties of the

5 Council.

6 (B) FEDERAL OFFICERS AND EMPLOY7 EES.—A member of the Council who is an offi8 cer or employee of the Federal Government

9 shall serve without additional compensation.

10 (4) TRAVEL EXPENSES.—While away from the

11 home or regular place of business of the member in

12 the performance of duties of the Council, each mem13 ber of the Council shall be allowed travel expenses,

14 including per diem in lieu of subsistence, at rates

15 authorized for employees of agencies under sub16 chapter I of chapter 57 of title 5, United States

17 Code.

18 (5) TERMINATION.—The Council shall termi19 nate on the date that is 18 months after the date

20 of enactment of this Act, unless the Council is tem21 porarily extended by the Secretary after consultation

22 with the appropriate committees of Congress.
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1 SEC. 205. SMALL RECREATION AND ENVIRONMENTAL

2 PROJECTS.

3 (a) IN GENERAL.—In each fiscal year, the Secretary

4 shall provide for the construction of small projects that—

5 (1) are for recreation and environmental res6 toration and related purposes;

7 (2) are not specifically authorized by Congress;

8 and

9 (3) the Secretary determines are advisable.

10 (b) AMOUNT FOR EACH PROJECT.—The amount pro11 vided for a project under subsection (a) shall be sufficient

12 to complete Federal participation in the project, except

13 that not more than $5,000,000 shall be provided for a

14 project at a single location.

15 (c) EXTENT OF PROJECTS.—With respect to a

16 project carried out under subsection (a), the Secretary

17 may not commit to any additional improvements, after the

18 completion of the project, to ensure the successful oper19 ation of the project.

20 (d) SURVEYS AND REPORTS.—The Secretary shall

21 not be required to prepare a survey or report prior to car22 rying out a project under this section.

23 (e) ALLOTMENT OF AMOUNTS.—From any amounts

24 made available before, on, or after the date of enactment

25 of this Act for general construction projects of the Depart26 ment of the Army, the Secretary may allot to carry out
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1 this section $40,000,000 for each fiscal year, to remain

2 available until expended.

3 SEC. 206. COST SHARE FOR RECREATION PROJECTS.

4 Section 103(c)(4) of the Water Resources Develop5 ment Act of 1986 (33 U.S.C. 2213(c)(4)) is amended—

6 (1) by striking ‘‘50’’ each place it appears and

7 inserting ‘‘75’’; and

8 (2) by inserting before the semicolon at the end

9 the following: ‘‘, and in determining the non-Federal

10 share under this paragraph, the Secretary shall in11 clude the fair market value of any land, easement,

12 right-of-way, dredged material disposal area, or relo13 cation provided by the non-Federal interest’’.

14 SEC. 207. LOCAL COST-SHARE CREDIT FOR IN-KIND CON15 TRIBUTIONS FOR ENVIRONMENTAL AND

16 RECREATION PROJECTS.

17 Section 203 of the Water Resources Development Act

18 of 1992 (33 U.S.C. 2325) is amended by adding at the

19 end the following new subsection:

20 ‘‘(c) LOCAL COST-SHARE CREDIT FOR IN-KIND CON21 TRIBUTIONS.—

22 ‘‘(1) IN GENERAL.—Subject to paragraphs (2)

23 and (3), a non-Federal interest that carries out a

24 project described in subsection (a) may—
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1 ‘‘(A) accept from any source contributions

2 of funds, materials, services, and other items of

3 value, and in-kind contributions, for the pur4 pose of providing a portion of the non-Federal

5 share of the cost of the project; and

6 ‘‘(B) provide a noncash contribution de7 scribed in subparagraph (A) for that purpose.

8 ‘‘(2) DETERMINATION OF VALUE.—A noncash

9 contribution described in paragraph (1) may be

10 credited towards the non-Federal share of the cost

11 of the project if the contribution has a positive im12 pact on the uses of the project. The value of the con13 tribution shall be determined in advance of the cred14 iting of the contribution by the mutual agreement of

15 the Army Corps of Engineers and the non-Federal

16 interest. If the Army Corps of Engineers denies

17 credit for a contribution, the denial may be appealed

18 to the Secretary.

19 ‘‘(3) MINIMUM CASH CONTRIBUTION.—Subject

20 to section 105(a)(1) of the Water Resources Devel21 opment Act of 1986 (33 U.S.C. 2215(a)(1)), the

22 non-Federal interest shall pay not less than 5 per23 cent of the non-Federal share in cash.’’.
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1 SEC. 208. REBUILDING RECREATIONAL FACILITIES AFTER

2 RESERVOIR DRAWDOWNS.

3 If a recreational facility at a water resources project

4 carried out or assisted by the Secretary becomes unusable

5 or unsafe for more than 90 consecutive days because of

6 a release of water or reservoir drawdown for any purpose,

7 the Secretary may, at full Federal cost, restore the facility,

8 or build a new recreational facility of a comparable level

9 of development at the lower reservoir level. The Secretary

10 shall seek contribution for the Federal cost from any agen11 cy that directs or requests the release or drawdown, in12 cluding the Department of the Interior and the Depart13 ment of Energy.

Æ

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