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[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 2131 Reported in Senate (RS)]

                                                       Calendar No. 523

105th CONGRESS

  2d Session

                                S. 2131

_______________________________________________________________________

                                 A BILL

 To provide for the conservation and development of water and related 
resources, to authorize the Secretary of the Army to construct various 
 projects for improvements to rivers and harbors of the United States, 
                        and for other purposes.

_______________________________________________________________________

                            August 25, 1998

                       Reported with an amendment

                                                       Calendar No. 523
105th CONGRESS
  2d Session
                                S. 2131

                          [Report No. 105-286]

 To provide for the conservation and development of water and related 
resources, to authorize the Secretary of the Army to construct various 
 projects for improvements to rivers and harbors of the United States, 
                        and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                 June 4 (legislative day, June 2), 1998

   Mr. Chafee (by request) (for himself, Mr. Warner, and Mr. Baucus) 
introduced the following bill; which was read twice and referred to the 
               Committee on Environment and Public Works

                            August 25, 1998

 Reported under authority of the order of the Senate of July 31, 1998, 
                    by Mr. Chafee, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL

 
 To provide for the conservation and development of water and related 
resources, to authorize the Secretary of the Army to construct various 
 projects for improvements to rivers and harbors of the United States, 
                        and for other purposes.

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

<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>

<DELETED>    (a) Short Title.--This Act may be cited as the ``Water 
Resources Development Act of 1998''.</DELETED>
<DELETED>    (2) Table of Contents.--</DELETED>

<DELETED>Sec. 1. Short title; table of contents.
<DELETED>Sec. 2. Definitions.
<DELETED>Sec. 3. Project authorizations.
<DELETED>Sec. 4. Flood hazard mitigation and riverine ecosystem 
                            restoration program.
<DELETED>Sec. 5. Shore protection.
<DELETED>Sec. 6. Small flood control projects.
<DELETED>Sec. 7. Use of non-Federal funds for compiling and 
                            disseminating information on floods and 
                            flood damages.
<DELETED>Sec. 8. Everglades and South Florida ecosystem restoration.
<DELETED>Sec. 9. Aquatic ecosystem restoration.
<DELETED>Sec. 10. Beneficial uses of dredged material.
<DELETED>Sec. 11. Cooperative agreements for natural resources, 
                            environmental protection, conservation, and 
                            recreation measures.
<DELETED>Sec. 12. Contribution by States and political subdivisions.
<DELETED>Sec. 13. Recreation user fees.
<DELETED>Sec. 14. Shoreline management program fees.
<DELETED>Sec. 15. Water resources development studies for the Pacific 
                            region.
<DELETED>Sec. 16. Water resources foundation.
<DELETED>Sec. 17. Regulatory program funding.
<DELETED>Sec. 18. Flood mitigation near Pierre, South Dakota.
<DELETED>Sec. 19. Lower Missouri River aquatic restoration projects.
<DELETED>Sec. 20. Payment option, Moorehead, West Virginia.

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

<DELETED>    For purposes of this Act, the term ``Secretary'' means the 
Secretary of the Army.</DELETED>

<DELETED>SEC. 3. PROJECT AUTHORIZATIONS.</DELETED>

<DELETED>    (a) Projects With Reports.--The following projects for 
water resources development and conservation and other purposes are 
authorized to be carried out by the Secretary substantially in 
accordance with the plans, and subject to the conditions, described in 
the respective reports designated in this section:</DELETED>
        <DELETED>    (1) American river watershed, california.--
        </DELETED>
                <DELETED>    (A) General.--The project for flood damage 
                reduction described as the Folsom Stepped Release Plan 
                in the U.S. Army Corps of Engineers Supplemental 
                Information Report for the American River Watershed 
                Project, California, dated March 1996 is authorized for 
                construction at a total cost of $464,600,000, with an 
                estimated Federal cost of $302,000,000 and an estimated 
                non-Federal cost of $162,600,000.</DELETED>
                <DELETED>    (B) Implementation.--</DELETED>
                        <DELETED>    (i) Implementation of the measures 
                        by the Secretary pursuant to paragraph (A) of 
                        this subsection shall be undertaken subsequent 
                        to the levee stabilization and strengthening 
                        and flood warning features authorized in 
                        section 101(a)(1) of Public Law 104-303 (110 
                        Stat. 3662-3663).</DELETED>
                        <DELETED>    (ii) The Secretary may undertake 
                        measures at the Folsom Dam and Reservoir 
                        authorized pursuant to paragraph (A) only after 
                        reviewing the design of such measures to 
                        determine if modifications are necessary to 
                        account for changed hydrologic conditions and 
                        any other changed conditions in the project 
                        area, including operational and construction 
                        impacts that have occurred since completion of 
                        the Report referred to in paragraph (A) of this 
                        subsection. The Secretary shall conduct the 
                        review and develop such modifications to the 
                        Folsom Dam with the full participation of the 
                        Secretary of the Interior.</DELETED>
                        <DELETED>    (iii) Implementation of the 
                        remaining downstream elements authorized 
                        pursuant to paragraph (A) may be undertaken 
                        only after the Secretary, in consultation with 
                        affected Federal, State, Regional, and local 
                        entities, has reviewed the elements to 
                        determine if modifications are necessary to 
                        address changes in the hydrologic conditions, 
                        any other changed conditions in the project 
                        area that have occurred since completion of the 
                        Report referred to in paragraph (A) of this 
                        subsection and any design modifications for the 
                        Folsom Dam and Reservoir made by the Secretary 
                        in implementing the measures referred to in 
                        paragraph (B)(ii), and has issued a report on 
                        the review.</DELETED>
        <DELETED>    (2) Amite river and tributaries, louisiana, east 
        baton rouge parish watershed.--The project for flood damage 
        reduction and recreation, Amite River and Tributaries, 
        Louisiana, East Baton Rouge Parish Watershed: Report of the 
        Chief of Engineers, dated December 23, 1996, at a total cost of 
        $110,045,000, with an estimated Federal cost of $71,343,000 and 
        an estimated non-Federal cost of $38,702,000.</DELETED>
        <DELETED>    (3) Guanajibo river, puerto rico.--The project for 
        flood damage reduction, Guanajibo River, Puerto Rico: Report of 
        the Chief of Engineers, dated February 27, 1996, at a total 
        cost of $27,441,000, with an estimated Federal cost of 
        $17,837,000 and an estimated non-Federal cost of 
        $9,604,000.</DELETED>
        <DELETED>    (4) rio nigua at salinas, puerto rico.--The 
        project for flood damage reduction, Rio Nigua at Salinas, 
        Puerto Rico: Report of the Chief of Engineers, dated April 15, 
        1997, at a total cost $13,565,000, with an estimated Federal 
        cost of $7,079,000 and an estimated non-Federal cost of 
        $6,486,000.</DELETED>
<DELETED>    (b) Projects Subject to a Report.--The following project 
for water resources development and conservation and other purposes is 
authorized to be carried out by the Secretary substantially in 
accordance with the plans and subject to the conditions recommended in 
a report of the Chief of Engineers, as approved by the 
Secretary:</DELETED>
        <DELETED>    (1) Grand forks, north dakota, and east grand 
        forks, minnesota.--The project for flood damage reduction and 
        recreation, Grand Forks, North Dakota and East Grand Forks, 
        Minnesota, Report of the Chief of Engineers consisting of 
        setback levees and floodwalls, at a total cost of $281,754,000, 
        with an estimated Federal cost of $140,877,000 and an estimated 
        non-Federal cost of $140,877,000.</DELETED>

<DELETED>SEC. 4. FLOOD HAZARD MITIGATION AND RIVERINE ECOSYSTEM 
              RESTORATION PROGRAM.</DELETED>

<DELETED>    (a) In General.--The Secretary is authorized to undertake 
a program to reduce flood hazards and to restore the natural functions 
and values of riverine ecosystems throughout the United States. In 
carrying out the program, the Secretary may conduct studies to identify 
appropriate flood damage reduction, conservation, and restoration 
measures and may design and implement watershed management and 
restoration projects. The studies and projects carried out under this 
authority shall be conducted, to the maximum extent practicable, with 
the full participation of the appropriate Federal agencies, including 
the Department of Agriculture, the Federal Emergency Management Agency, 
the Department of the Interior, the Environmental Protection Agency, 
and the Department of Commerce. Such studies and projects shall, to the 
maximum extent practicable, emphasize non-structural approaches to 
preventing or reducing flood damages.</DELETED>
<DELETED>    (b) Cost-Sharing Requirements.--The cost of studies 
conducted under this authority shall be shared in accordance with 
section 105 of the Water Resources Development Act of 1986 (100 Stat. 
4088-4089) as amended by section 203 of the Water Resources Development 
Act of 1996 (110 Stat. 3677-3678). The non-Federal interests shall pay 
35 percent of the cost of any environmental restoration or non-
structural flood control project carried out under this authority. The 
non-Federal interests shall provide all lands, easements, rights-of-
way, dredged material disposal areas, and relocations necessary for 
such projects, and the value of such lands, easements, rights-of-way, 
dredged material disposal areas, and relocations shall be credited 
toward the payment required under this subsection. For any structural 
flood control measures carried out under this authority, the cost 
sharing shall be in accordance with section 103(a) of the Water 
Resources Development Act of 1986 as amended by section 202 of the 
Water Resources Development Act of 1996 (33 U.S.C. 2213(a)). The non-
Federal interests shall be responsible for all costs associated with 
operating, maintaining, replacing, repairing, and rehabilitating all 
projects carried out under this authority.</DELETED>
<DELETED>    (c) Project Justification.--(1) Notwithstanding any other 
provision of law or requirement for economic justification established 
pursuant to 42 U.S.C. 1962-2, the Secretary may implement a project 
under this authority provided the Secretary determines that the 
project--</DELETED>
        <DELETED>    (A) will significantly reduce potential flood 
        damages;</DELETED>
        <DELETED>    (B) will improve the quality of the environment; 
        and</DELETED>
        <DELETED>    (C) is justified considering all costs and 
        beneficial outputs of the project.</DELETED>
<DELETED>    (2) Within 180 days of the date of enactment of this 
section the Secretary shall develop criteria for selecting and rating 
the projects to be carried out as a part of the Program authorized by 
this section and shall establish policies and procedures for carrying 
out the studies and projects undertaken under this authority.</DELETED>
<DELETED>    (d) Reporting Requirement.--The Secretary may not 
implement a project under this authority until--</DELETED>
        <DELETED>    (1) the Secretary provides to the appropriate 
        committees of Congress a written notification describing the 
        project and the determinations reached pursuant to subsection 
        (c); and</DELETED>
        <DELETED>    (2) a period of 21 calendar days has expired 
        following the date on which the notification was received by 
        the Committees.</DELETED>
<DELETED>    (e) Program Review.--The program established pursuant to 
this section shall be subject to an independent review to evaluate the 
efficiency of the program in achieving the dual goals of flood hazard 
mitigation and ecosystem restoration. The Secretary shall transmit a 
report on the findings of the review conducted under this subsection to 
the Congress by April 2004, together with any recommendations for 
continuing the program.</DELETED>
<DELETED>    (f) Per Project Limitation.--No more than $75,000,000 in 
Army Civil Works appropriations may be expended on any single project 
undertaken under this authority.</DELETED>
<DELETED>    (g) Authorization of Appropriations.--There is authorized 
to be appropriated to carry out this section $25,000,000 for each 
fiscal year for fiscal years 1999 and 2000; $50,000,000 for fiscal year 
2001; and $75,000,000 for each fiscal year for fiscal years 2002 
through 2004. All studies and projects undertaken under this authority 
from Army Civil Works appropriations shall be fully funded within the 
program funding levels provided in this subsection.</DELETED>

<DELETED>SEC. 5. SHORE PROTECTION.</DELETED>

<DELETED>    Section 103(d) of the Water Resources Development Act of 
1986 (100 Stat. 4085-5086) is amended by--</DELETED>
        <DELETED>    (1) inserting the following immediately before the 
        phrase ``Costs of constructing projects or measures for beach 
        erosion control;'':</DELETED>
        <DELETED>    ``(1) Construction.--''; and</DELETED>
        <DELETED>    (2) inserting a new paragraph (2) as 
        follows:</DELETED>
        <DELETED>    ``(2) Periodic nourishment.--The non-Federal cost 
        of the periodic nourishment of projects or measures for shore 
        protection or beach erosion control shall be 65 percent, except 
        that all costs assigned to benefits to privately owned shores 
        (where use of such shores is limited to private interests) or 
        to prevention of losses of private lands shall be borne by non-
        Federal interests and all costs assigned to the protection of 
        federally owned shores shall be borne by the United 
        States.''.</DELETED>

<DELETED>SEC. 6. SMALL FLOOD CONTROL PROJECTS.</DELETED>

<DELETED>    Section 205 of the Flood Control Act of 1948 as amended 
(33 U.S.C. 701s) is further amended by--</DELETED>
        <DELETED>    (1) striking ``construction of small projects'' 
        and inserting in lieu thereof ``implementation of small 
        structural and nonstructural projects''; and</DELETED>
        <DELETED>    (2) striking ``$5,000,000'' and inserting in lieu 
        thereof ``$7,000,000''.</DELETED>

<DELETED>SEC. 7. USE OF NON-FEDERAL FUNDS FOR COMPILING AND 
              DISSEMINATING INFORMATION ON FLOODS AND FLOOD 
              DAMAGES.</DELETED>

<DELETED>    Section 206(b) of the Flood Control Act of 1960 as amended 
(33 U.S.C. 709a(b)) is further amended by adding the following language 
immediately following the word ``section'' in the last sentence of that 
subsection: ``, except that this limitation on fees shall not apply to 
funds voluntarily contributed by such entities for the purpose of 
expanding the scope of the services requested by such 
entities''.</DELETED>

<DELETED>SEC. 8. EVERGLADES AND SOUTH FLORIDA ECOSYSTEM 
              RESTORATION.</DELETED>

<DELETED>    Subsections (b)(3)(B) and (b)(3)(C)(i) of section 528 of 
the Water Resources Development Act of 1996 (110 Stat. 3769) are 
amended by striking ``1999'' and inserting in lieu thereof 
``2000''.</DELETED>

<DELETED>SEC. 9. AQUATIC ECOSYSTEM RESTORATION.</DELETED>

<DELETED>    Section 206(c) of the Water Resources Development Act of 
1996 (110 Stat. 3679-3680) is amended by inserting a new sentence at 
the end thereof as follows: ``Notwithstanding 42 U.S.C. 1962d-5b(b), 
for any project undertaken under this authority, a non-Federal interest 
may also include a non-profit entity.''.</DELETED>

<DELETED>SEC. 10. BENEFICIAL USES OF DREDGED MATERIAL.</DELETED>

<DELETED>    Section 204 of the Water Resources Development Act of 1992 
(106 Stat. 4826) as amended by section 207 of the Water Resources 
Development Act of 1996 (110 Stat. 3680) is further amended by--
</DELETED>
        <DELETED>    (1) striking ``cooperative agreement in accordance 
        with the requirements of section 221 of the Flood Control Act 
        of 1970'' from subsection (c) and inserting in lieu thereof 
        ``binding agreement with the Secretary''; and</DELETED>
        <DELETED>    (2) inserting a new subsection (g) as 
        follows:</DELETED>
<DELETED>    ``(g) Non-Federal Interests.--Notwithstanding 42 U.S.C. 
1962d-5b(b), for any project carried out under this section, a non-
Federal interest may also include a non-profit entity.''.</DELETED>

<DELETED>SEC. 11. COOPERATIVE AGREEMENTS FOR NATURAL RESOURCES, 
              ENVIRONMENTAL PROTECTION, CONSERVATION, AND RECREATION 
              MEASURES.</DELETED>

<DELETED>    The Secretary is authorized to enter into cooperative 
agreements with non-Federal public bodies and non-profit entities for 
the purpose of facilitating collaborative efforts involving 
environmental protection and restoration, natural resources, 
conservation, and recreation in connection with the development, 
operation, and management of water resources projects under the 
jurisdiction of the Department of the Army.</DELETED>

<DELETED>SEC. 12. CONTRIBUTIONS BY STATES AND POLITICAL 
              SUBDIVISIONS.</DELETED>

<DELETED>    Section 5 of the Flood Control Act of 1936, as amended by 
Public Law 208, 75th Congress (33 U.S.C. 701h) is further amended by 
inserting the words ``or environmental restoration'' after the words 
``flood control''.</DELETED>

<DELETED>SEC. 13. RECREATION USER FEES.</DELETED>

<DELETED>    (a) During fiscal years 1999 through 2002, the Secretary 
may withhold from the special account established pursuant to 16 U.S.C. 
460l-6a(i)(1)(A) 100 percent of the amount of receipts above a baseline 
of $34,000,000 per each fiscal year received from fees imposed at 
recreation sites under the administrative jurisdiction of the 
Department of the Army pursuant to 16 U.S.C. 460l-6a(b). The amounts 
withheld shall be retained by the Secretary and shall be available, 
without further appropriation, for expenditure by the Secretary in 
accordance with the provisions of this section. Such amounts shall 
remain available through September 30, 2005.</DELETED>
<DELETED>    (b) In order to increase the quality of the visitor 
experience at public recreational areas and to enhance the protection 
of resources, the amounts withheld pursuant to subsection (a) and 
available for expenditure may only be used for backlogged repair and 
maintenance projects (including projects relating to health and safety) 
and for interpretation, signage, habitat or facility enhancement, 
resource preservation, annual operation (including fee collection), 
maintenance, and law enforcement related to public use.</DELETED>
<DELETED>    (c)(1) Eighty percent of the total amount withheld by the 
Secretary shall be available for expenditure without further 
appropriation at the specific site from which such funds, above 
baseline, are collected, and shall be accounted for 
separately.</DELETED>
<DELETED>    (2) Twenty percent of the total amount withheld by the 
Secretary shall be available for expenditure without further 
appropriation for use on an agency-wide basis and shall be accounted 
for separately.</DELETED>

<DELETED>SEC. 14. SHORELINE MANAGEMENT PROGRAM FEES.</DELETED>

<DELETED>    No later than 12 months after the date of enactment of 
this Act and every five years thereafter, the Secretary shall review 
the Shoreline Management Program administered by the Army Corps of 
Engineers at water resources development projects under the 
jurisdiction of the Department of the Army to determine the costs 
associated with administering the Program. Each review conducted 
pursuant to this section shall include an analysis of the fee schedule 
in place at the time the review is initiated. If the Secretary 
determines that adjustments to the fee schedule are necessary in order 
to ensure collection of revenues sufficient to cover the costs of 
administering the Program, the Secretary may make those adjustments in 
accordance with applicable regulations.</DELETED>

<DELETED>SEC. 15. WATER RESOURCES DEVELOPMENT STUDIES FOR THE PACIFIC 
              REGION.</DELETED>

<DELETED>    Section 444 of the Water Resources Development Act of 1996 
(110 Stat. 3747) is amended by striking the phrase ``interest of 
navigation'' and inserting the following in lieu thereof: ``interests 
of water resources development, including navigation, flood damage 
reduction, and environmental restoration''.</DELETED>

<DELETED>SEC. 16. WATER RESOURCES FOUNDATION.</DELETED>

<DELETED>    (a) Establishment.--There is established the Water 
Resources Foundation (hereinafter referred to as the ``Foundation'') as 
a charitable and nonprofit corporation domiciled in the District of 
Columbia, which is not an agency or establishment of the United 
States.</DELETED>
<DELETED>    (b) Purposes.--The purposes of the Foundation are to--
</DELETED>
        <DELETED>    (1) encourage, accept, and administer private 
        gifts of money, and of real and personal property for the 
        benefit of, or in connection with, the activities and services 
        of the Army Corps of Engineers in managing natural resources at 
        water resources development projects administered by the 
        Department of the Army;</DELETED>
        <DELETED>    (2) undertake and conduct such other activities as 
        will further the conservation and management of natural, 
        scenic, historic and recreational resources at such 
        projects;</DELETED>
        <DELETED>    (3) further a stewardship ethic among American 
        citizens to conserve and utilize the diverse natural resources 
        available at such projects;</DELETED>
        <DELETED>    (4) initiate and support programs that broaden and 
        enhance the services, facilities, and educational and 
        interpretive activities for visitors to such projects; 
        and</DELETED>
        <DELETED>    (5) strengthen and improve the various means by 
        which the Army Corps of Engineers uses its human and financial 
        resources to manage the natural resources at such 
        projects.</DELETED>
<DELETED>    (c) Limitations and Conflicts of Interests.--(1) The 
Foundation shall not participate or intervene in a political campaign 
on behalf of any candidate for public office.</DELETED>
<DELETED>    (2) No director, officer, or employee of the Foundation 
shall participate, directly or indirectly, in the consideration or 
determination of any question before the Foundation affecting--
</DELETED>
        <DELETED>    (A) the financial interests of the director, 
        officer, or employee; or</DELETED>
        <DELETED>    (B) the interests of any corporation, partnership, 
        entity, or organization in which such director, officer, or 
employee--</DELETED>
                <DELETED>    (i) is an officer, director, or trustee; 
                or</DELETED>
                <DELETED>    (ii) has any direct or indirect financial 
                interest.</DELETED>
<DELETED>    (d) Tax Exempt Status.--For purposes of section 501(c)(3) 
of title 26 of the United States Code, the Foundation shall be treated 
as organized and operated exclusively for charitable purposes in 
calendar years 1998 and 1999. For calendar years 2000 and thereafter, 
the Foundation shall be required to maintain its tax exempt status in 
the manner as prescribed by the Secretary of the Treasury for similar 
tax exempt organizations.</DELETED>
<DELETED>    (e) Board of Directors and Governance of the Foundation.--
</DELETED>
        <DELETED>    (1) The Foundation shall have a governing Board of 
        Directors (hereinafter referred to as the ``Board''), which 
        shall consist of nine Directors, each of whom shall be a United 
        States citizen and none of whom shall be an employee of the 
        Federal government. Members of the Board shall be appointed by 
        the Secretary and shall be educated in or have actual 
        experience in natural or cultural resource management, 
        recreation management, or law. To the extent practicable, the 
        membership of the Board shall represent diverse points of view 
        relating to natural and cultural resource issues. The Secretary 
        or a designee shall serve as a liaison to the Board. 
        Appointment to the Board shall not constitute employment by, or 
        the holding of an office of, the United States for the purposes 
        of any Federal law.</DELETED>
        <DELETED>    (2) Within one year after the date of enactment of 
        this Act, the Secretary shall appoint the initial members of 
        the Board of Directors. Of these initial members, three shall 
        be appointed for a term of two years, three members shall be 
        appointed for a term of three years, and three members shall be 
        appointed for a term of four years. All subsequent appointments 
        to the Board shall be for a term of four years.</DELETED>
        <DELETED>    (3) The Chairperson shall be elected by the Board 
        from its members. A chairperson shall serve for a two-year term 
        and may be re-elected to the post during the Chairperson's 
        tenure as a Director.</DELETED>
        <DELETED>    (4) A majority of the current voting membership of 
        the Board shall constitute a quorum for the transaction of 
        business.</DELETED>
        <DELETED>    (5) The Board shall meet at the call of the 
        Chairperson at least once a year. If a Director misses three 
        consecutive regularly scheduled meetings, that individual may 
        be removed from the Board by majority vote of the Board of 
        Directors and that vacancy filled in accordance with paragraph 
        (2) of this subsection.</DELETED>
        <DELETED>    (6) Voting members of the Board shall serve 
        without pay, but may be reimbursed for the actual and necessary 
        traveling and subsistence expenses incurred by them in the 
        performance of their duties for the Foundation. Such 
        reimbursement may not exceed such amount as would be authorized 
        under section 5703 of title 5, for the payment of expenses and 
        allowances for individuals employed intermittently in the 
        Federal Government service.</DELETED>
        <DELETED>    (7) The Board may complete the organization of the 
        Foundation by appointing employees, adopting a constitution and 
        bylaws consistent with the purposes of the Foundation and the 
        provisions of this section, and undertaking such acts as may be 
        necessary to function and carry out the provisions of this 
        section.</DELETED>
        <DELETED>    (8) Officers and employees shall not be appointed 
        or hired by the Board until the Foundation has sufficient funds 
        to pay for their services. Such officers or employees of the 
        Foundation shall not be considered Federal employees for any 
        purpose, including the provisions of title 5, governing 
        appointments in the competitive service, and may be paid 
        without regard to the provisions of chapter 51 and subchapter 
        III of chapter 53 of such title relating to classification and 
        General Schedule pay rates, except that no individual so 
        appointed may receive pay in excess of the annual rate of basic 
        pay in effect for Level V of the Executive Schedule.</DELETED>
        <DELETED>    (9) Prior to the appointment or hiring of any 
        other individual, the Board shall appoint an individual to 
        serve as the Executive Director of the Board, who shall serve 
        at the direction of the Board as its chief operating officer 
        and who shall be knowledgeable and experienced in matters 
        relating to natural and cultural resource management.</DELETED>
<DELETED>    (f) Corporate Powers and Obligations.--</DELETED>
        <DELETED>    (1) The Foundation--</DELETED>
                <DELETED>    (A) shall have perpetual 
                succession;</DELETED>
                <DELETED>    (B) may conduct business throughout the 
                several States, territories, and possessions of the 
                United States;</DELETED>
                <DELETED>    (C) shall have its principal offices in 
                the Washington, D.C. metropolitan area; and</DELETED>
                <DELETED>    (D) shall at all times maintain a 
                designated agent in the District of Columbia authorized 
                to accept service of process for the 
                Foundation.</DELETED>
        <DELETED>    (2) The serving of notice to, or service of 
        process upon, the agent required under this subsection, or 
        mailed to the business address of such agent, shall be deemed 
        as service upon or notice to the Foundation.</DELETED>
        <DELETED>    (3) The Foundation shall have an official seal 
        selected by the Board which shall be judicially 
        noticed.</DELETED>
        <DELETED>    (4) To carry out its purposes, the Foundation 
        shall have, in addition to powers otherwise authorized under 
        this section, the usual powers of a corporation in the District 
        of Columbia, including the power--</DELETED>
                <DELETED>    (A) to accept, receive, solicit, hold, 
                administer and use any gift, devise, or bequest, either 
                absolutely or in trust, of real or personal property or 
                any income therefrom or other interest 
                therein;</DELETED>
                <DELETED>    (B) to acquire by purchase or exchange any 
                real or personal property or interest 
                therein;</DELETED>
                <DELETED>    (C) unless otherwise required by the 
                instrument of transfer, to sell, donate, lease, invest, 
                reinvest, retain or otherwise dispose of any property 
                or income therefrom;</DELETED>
                <DELETED>    (D) to sue and be sued, and complain and 
                defend itself in any court of competent jurisdiction, 
                except that the Directors of the Board shall not be 
                personally liable, except for gross 
                negligence;</DELETED>
                <DELETED>    (E) to enter into contracts or other 
                arrangements with public agencies, private 
                organizations, and persons and to make such payments as 
                may be necessary to carry out its functions; 
                and</DELETED>
                <DELETED>    (F) to do any and all acts necessary and 
                proper to carry out the purposes of the 
                Foundation.</DELETED>
<DELETED>    (g) Property.--</DELETED>
        <DELETED>    (1) The Foundation may acquire, hold, and dispose 
        of lands, waters, or other interests in real property by 
        donation, gift, devise, purchase or exchange. For the purposes 
        of this section, an interest in real property shall include, 
        but not be limited to, mineral and water rights, rights of way, 
        and easements appurtenant or in gross. Nothing in this section 
        shall be construed to be applied to real or personal property 
        of the United States of America.</DELETED>
        <DELETED>    (2) No lands or waters, or interests therein, that 
        are owned by the Foundation and are determined by the Secretary 
        to be valuable for purposes established in this section shall 
        be subject to condemnation by any State or political 
        subdivision, or any agent or instrumentality thereof.</DELETED>
<DELETED>    (h) Administrative Support.--The Secretary may reimburse 
the Foundation for expenses incurred pursuant to subsection (e) of this 
section, except that reimbursement for traveling and subsistence 
payments may not exceed then current Federal Government per diem 
rates.</DELETED>
<DELETED>    (i) Audits and Report Requirements.--</DELETED>
        <DELETED>    (1) For purposes of the Act entitled ``An Act for 
        audit of accounts of private corporations established under 
        Federal law'', approved August 30, 1964 (36 U.S.C. 1101 through 
        1103; Public Law 88-504) the Foundation shall be treated as a 
        private corporation established under Federal law.</DELETED>
        <DELETED>    (2) The Foundation shall transmit to the Secretary 
        each year a report of its proceedings and activities of the 
        previous year, including a full and complete statement of its 
        receipts, expenditures, and investments.</DELETED>
<DELETED>    (j) Release From Liability.--The United States shall not 
be liable for any debts, defaults, acts or omissions of the Foundation 
nor shall the full faith and credit of the United States extend to any 
obligations of the Foundation.</DELETED>
<DELETED>    (k) Activities of the Foundation and Army Corps of 
Engineers.--The activities of the Foundation, authorized under the 
provisions of this Act shall be supplemental to and shall not preempt 
any authority or responsibility of the Army Corps of Engineers under 
any other provision of law.</DELETED>
<DELETED>    (l) Authorization of Appropriations.--For the purposes of 
reimbursing the Foundation for certain costs, as provided for in 
subsection (h) of this section, there is authorized to be appropriated 
to the Department of the Army $300,000 for each of fiscal years 1999, 
2000, and 2001.</DELETED>

<DELETED>SEC. 17. REGULATORY PROGRAM FUNDING.</DELETED>

<DELETED>    (a) The Secretary shall establish and collect fees from 
permit applicants for the evaluation of commercial permit applications; 
the preparation of Environmental Impact Statements as required by the 
National Environmental Policy Act of 1969 in connection with such 
commercial permit applications; and the delineation of wetlands for 
major developments affecting wetlands.</DELETED>
<DELETED>    (b) There is hereby established as a special account in 
the Treasury of the United States the ``Army Civil Works Regulatory 
Program Account'' (hereafter referred to as the ``Regulatory Program 
Account'') into which shall be deposited fees collected by the 
Secretary pursuant to subsection (a) of this section. Amounts deposited 
into the Regulatory Program Account shall be available to the 
Secretary, as provided in Appropriation Acts, to apply toward the costs 
incurred by the Department of the Army in administering laws pertaining 
to the regulation of the navigable waters of the United States 
including wetlands, in addition to appropriations otherwise available 
for the same purpose.</DELETED>

<DELETED>SEC. 18. FLOOD MITIGATION NEAR PIERRE, SOUTH DAKOTA.</DELETED>

<DELETED>    (a) General.--(1) To provide full operation capability to 
carry out the authorized purposes of the Missouri River Main Stem dams 
that are part of the Pick-Sloan Missouri River Basin Program authorized 
by section 9 of the Act entitled ``An Act authorizing the construction 
of certain public works on rivers and harbors for flood control, and 
other purposes'' approved December 22, 1944, the Secretary may acquire 
from willing sellers such land and property in the vicinity of Pierre, 
South Dakota, or floodproof or relocate such property within the 
project area, as the Secretary determines is adversely affected by the 
full wintertime Oahe Powerplant releases, provided that non-Federal 
interests pay 35 percent of the cost of the work. Any lands that are 
acquired under this authority will be kept in public ownership and will 
be dedicated and maintained in perpetuity for a use that is compatible 
with any remaining flood threat.</DELETED>
<DELETED>    (2) The Secretary may not obligate funds to implement this 
section until the Secretary has completed a report addressing the 
criteria for selecting which properties are to be acquired, relocated 
or floodproofed, and a plan for implementing such measures. This report 
should be completed no later than one year after funding is made 
available. The report and implementation plan should be coordinated 
with the Federal Emergency Management Agency, and both should be 
prepared in consultation with other Federal agencies, and State and 
local officials, and residents. Such report should take into account 
information from prior and ongoing studies.</DELETED>
<DELETED>    (b) Study Cost-Sharing Requirements.--The cost of studies 
conducted under this authority shall be shared in accordance with 
section 105 of the Water Resources Development Act of 1986 (100 Stat. 
4088-4089), as amended.</DELETED>
<DELETED>    (c) Authorization for Appropriations.--There is authorized 
to be appropriated to carry out this section funds not to exceed 
$25,000,000.</DELETED>

<DELETED>SEC. 19. LOWER MISSOURI RIVER AQUATIC RESTORATION 
              PROJECTS.</DELETED>

<DELETED>    (a) In General.--Not later than one year after funds are 
made available for such purposes, the Secretary shall finalize a 
comprehensive report--</DELETED>
        <DELETED>    (1) identifying a general implementation strategy 
        and overall plan for environmental restoration and protection 
        along the Lower Missouri River between Gavins Point Dam and the 
        confluence of the Missouri and Mississippi Rivers; 
        and</DELETED>
        <DELETED>    (2) recommending individual environmental 
        restoration projects that can be considered by the Secretary 
        for implementation under section 206 of the Water Resources 
        Development Act of 1996 (110 Stat. 3679-3680).</DELETED>
<DELETED>    (b) Scope of Projects.--Any environmental restoration 
projects carried out pursuant to subsection (a) shall provide for such 
activities and measures as the Secretary determines to be necessary to 
protect and restore fish and wildlife habitat without adversely 
affecting private property rights or water related needs of the region 
surrounding the Missouri River, including flood control, navigation, 
and enhancement of water supply and shall include some or all of the 
following components:</DELETED>
        <DELETED>    (1) modification and improvement of navigation 
        training structures to protect and restore fish and wildlife 
        habitat;</DELETED>
        <DELETED>    (2) modification and creation of side channels to 
        protect and restore fish and wildlife habitat;</DELETED>
        <DELETED>    (3) restoration and creation of island fish and 
        wildlife habitat;</DELETED>
        <DELETED>    (4) creation of riverine fish and wildlife 
        habitat; and</DELETED>
        <DELETED>    (5) physical and biological monitoring for 
        evaluating the success of the projects.</DELETED>
<DELETED>    (c) Coordination.--The Secretary shall, to the maximum 
extent practicable, integrate projects carried out in accordance with 
this section with other Federal, tribal, and State restoration 
activities.</DELETED>
<DELETED>    (d) Cost Sharing.--The report to be carried out pursuant 
to subsection (a) shall be undertaken at full Federal 
expense.</DELETED>

<DELETED>SEC. 20. PAYMENT OPTION, MOOREFIELD, WEST VIRGINIA.</DELETED>

<DELETED>    The Secretary may permit the non-Federal sponsor for the 
project for flood control, Moorefield, West Virginia, to pay without 
interest the remaining non-Federal cost over a period not to exceed 
thirty years to be determined by the Secretary.</DELETED>

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Water Resources 
Development Act of 1998''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.

                  TITLE I--WATER RESOURCES DEVELOPMENT

Sec. 101. Definitions.
Sec. 102. Project authorizations.
Sec. 103. Project modifications.
Sec. 104. Project deauthorizations.
Sec. 105. Studies.
Sec. 106. Flood hazard mitigation and riverine ecosystem restoration 
                            program.
Sec. 107. Shore protection.
Sec. 108. Small flood control projects.
Sec. 109. Use of non-Federal funds for compiling and disseminating 
                            information on floods and flood damages.
Sec. 110. Everglades and south Florida ecosystem restoration.
Sec. 111. Aquatic ecosystem restoration.
Sec. 112. Beneficial uses of dredged material.
Sec. 113. Voluntary contributions by States and political subdivisions.
Sec. 114. Recreation user fees.
Sec. 115. Water resources development studies for the Pacific region.
Sec. 116. Missouri and Middle Mississippi Rivers enhancement project.
Sec. 117. Outer Continental Shelf.
Sec. 118. Environmental dredging.
Sec. 119. Benefit of primary flood damages avoided included in benefit 
                            cost analysis.
Sec. 120. Control of aquatic plant growth.
Sec. 121. Environmental infrastructure.
Sec. 122. Watershed management, restoration, and development.
Sec. 123. Lakes program.
Sec. 124. Dredging of salt ponds in the State of Rhode Island.
Sec. 125. Upper Susquehanna River basin, Pennsylvania and New York.
Sec. 126. Repaupo Creek and Delaware River, Gloucester County, New 
                            Jersey.
Sec. 127. Small navigation projects.
Sec. 128. Streambank protection projects.
Sec. 129. Aquatic ecosystem restoration, Springfield, Oregon.
Sec. 130. Guilford and New Haven, Connecticut.
Sec. 131. Francis Bland, Arkansas Floodway Ditch No. 5.
Sec. 132. Point Judith breakwater.
Sec. 133. Caloosahatchee River basin, Florida.
Sec. 134. Cumberland, Maryland, flood project mitigation.
Sec. 135. Sediments decontamination policy.
Sec. 136. City of Miami Beach, Florida.
Sec. 137. Small storm damage reduction projects.
Sec. 138. Sardis Reservoir, Oklahoma.
Sec. 139. Upper Mississippi River and Illinois waterway system 
                            navigation modernization.
Sec. 140. Disposal of dredged material on beaches.
Sec. 141. Fish and wildlife mitigation.
Sec. 142. Upper Mississippi River management.
Sec. 143. Reimbursement of non-Federal interest.
Sec. 144. Research and development program for Columbia and Snake 
                            Rivers salmon survival.

  TITLE II--CHEYENNE RIVER SIOUX TRIBE, LOWER BRULE SIOUX TRIBE, AND 
     STATE OF SOUTH DAKOTA TERRESTRIAL WILDLIFE HABITAT RESTORATION

Sec. 201. Definitions.
Sec. 202. Terrestrial wildlife habitat restoration.
Sec. 203. South Dakota Terrestrial Wildlife Habitat Restoration Trust 
                            Fund.
Sec. 204. Cheyenne River Sioux Tribe and Lower Brule Sioux Tribe 
                            Terrestrial Wildlife Habitat Restoration 
                            Trust Funds.
Sec. 205. Transfer of Federal land to State of South Dakota.
Sec. 206. Transfer of Corps of Engineers land for Indian Tribes.
Sec. 207. Administration.
Sec. 208. Authorization of appropriations.

                  TITLE I--WATER RESOURCES DEVELOPMENT

SEC. 101. DEFINITIONS.

    In this title, the term ``Secretary'' means the Secretary of the 
Army.

SEC. 102. PROJECT AUTHORIZATIONS.

    (a) Projects With Reports.--The following projects for water 
resources development and conservation and other purposes are 
authorized to be carried out by the Secretary substantially in 
accordance with the plans, and subject to the conditions, described in 
the respective reports designated in this section:
            (1) American river watershed, california.--
                    (A) In general.--The project for flood damage 
                reduction described as the Folsom Stepped Release Plan 
                in the United States Army Corps of Engineers 
                Supplemental Information Report for the American River 
                Watershed Project, California, dated March 1996, at a 
                total cost of $464,600,000, with an estimated Federal 
                cost of $302,000,000 and an estimated non-Federal cost 
                of $162,600,000.
                    (B) Implementation.--
                            (i) In general.--Implementation of the 
                        measures by the Secretary pursuant to 
                        subparagraph (A) of this subsection shall be 
                        undertaken after completion of the levee 
                        stabilization and strengthening and flood 
                        warning features authorized in section 
                        101(a)(1) of the Water Resources Development 
                        Act of 1996 (110 Stat. 3662).
                            (ii) Folsom dam and reservoir.--The 
                        Secretary may undertake measures at the Folsom 
                        Dam and Reservoir authorized under subparagraph 
                        (A) only after reviewing the design of such 
                        measures to determine if modifications are 
                        necessary to account for changed hydrologic 
                        conditions and any other changed conditions in 
                        the project area, including operational and 
                        construction impacts that have occurred since 
                        completion of the report referred to in 
                        subparagraph (A). The Secretary shall conduct 
                        the review and develop such modifications to 
                        the Folsom Dam and Reservoir with the full 
                        participation of the Secretary of the Interior.
                            (iii) Remaining downstream elements.--
                        Implementation of the remaining downstream 
                        elements authorized pursuant to subparagraph 
                        (A) may be undertaken only after the Secretary, 
                        in consultation with affected Federal, State, 
                        regional, and local entities, has reviewed the 
                        elements to determine if modifications are 
                        necessary to address changes in the hydrologic 
                        conditions, any other changed conditions in the 
                        project area that have occurred since 
                        completion of the report referred to in 
                        subparagraph (A) and any design modifications 
                        for the Folsom Dam and Reservoir made by the 
                        Secretary in implementing the measures referred 
                        to in subparagraph (B)(ii), and has issued a 
                        report on the review. The review shall be 
                        prepared in accordance with the economic and 
                        environmental principles and guidelines for 
                        water and related land resources implementation 
                        studies, and no construction may be initiated 
                        unless the Secretary determines that the 
                        remaining downstream elements are technically 
                        sound, environmentally acceptable, and 
                        economically justified.
            (2) Llagas creek, california.--The Secretary may complete 
        the remaining reaches of the National Resources Conservation 
        Services flood control project at Llagas Creek, California, 
        undertaken pursuant to section 5 of the Watershed Protection 
        and Flood Prevention Act (16 U.S.C. 1005) substantially in 
        accordance with the requirements of local cooperation as 
        specified in section 4 of that Act (16 U.S.C. 1004) at a total 
        cost of $34,300,000, with an estimated Federal cost of 
        $16,600,000 and an estimated non-Federal share of $17,700,000.
            (3) Hillsboro and okeechobee aquifer storage and recovery 
        project, florida.--The project for aquifer storage and recovery 
        described in the United States Army Corps of Engineers Central 
        and Southern Florida Water Supply Study, Florida, dated April 
        1989, and in House Document 369, dated July 30, 1968, at a 
        total cost of $27,000,000, with an estimated Federal cost of 
        $13,500,000 and an estimated non-Federal cost of $13,500,000.
            (4) Baltimore harbor anchorages and channels, maryland and 
        virginia.--The project for navigation Baltimore Harbor 
        Anchorages and Channels, Maryland and Virginia: Report of the 
        Chief of Engineers, dated June 8, 1998, at a total cost of 
        $27,692,000, with an estimated Federal cost of $19,126,000 and 
        an estimated non-Federal cost of $8,566,000.
            (5) Red lake river at crookston, minnesota.--The project 
        for flood damage reduction, Red Lake River at Crookston, 
        Minnesota: Report of the Chief of Engineers, dated April 20, 
        1998, at a total cost of $8,720,000, with an estimated Federal 
        cost of $5,567,000 and an estimated non-Federal cost of 
        $3,153,000.
            (6) Park river, north dakota.--
                    (A) In general.--Subject to the condition stated in 
                subparagraph (B), the project for flood control, Park 
                River, Grafton, North Dakota, authorized by section 
                401(a) of the Water Resources Development Act of 1986 
                (100 Stat. 4121) and deauthorized under section 1001(a) 
                of the Water Resources Development Act of 1986 (33 
                U.S.C. 579a), is authorized to be carried out by the 
                Secretary at a total cost of $27,300,000, with an 
                estimated Federal cost of $17,745,000 and an estimated 
                non-Federal cost of $9,555,000.
                    (B) Condition.--No construction may be initiated 
                unless the Secretary determines through a general 
                reevaluation report using current data, that the 
                project is technically sound, environmentally 
                acceptable, and economically justified.
    (b) Projects Subject to a Final Report.--The following projects for 
water resources development and conservation and other purposes are 
authorized to be carried out by the Secretary substantially in 
accordance with the plans, and subject to the conditions recommended in 
a final report of the Chief of Engineers as approved by the Secretary, 
if the report of the Chief is completed not later than December 31, 
1998.
            (1) Hamilton airfield wetland restoration, california.--The 
        project for environmental restoration at Hamilton Airfield, 
        California, at a total cost of $39,000,000, with an estimated 
        Federal cost of $29,000,000 and an estimated non-Federal cost 
        of $10,000,000.
            (2) Oakland, california.--
                    (A) In general.--The project for navigation and 
                environmental restoration, Oakland, California, at a 
                total cost of $202,000,000, with an estimated Federal 
                cost of $120,000,000 and an estimated non-Federal cost 
                of $82,000,000.
                    (B) Berthing areas and other local service 
                facilities.--The non-Federal interests shall provide 
                berthing areas and other local service facilities 
                necessary for the project at an estimated cost of 
                $43,000,000.
            (3) South sacramento county streams, california.--The 
        project for flood damage reduction, environmental restoration 
        and recreation, South Sacramento County Streams, California at 
        a total cost of $64,770,000, with an estimated Federal cost of 
        $38,840,000 and an estimated non-Federal cost of $25,930,000.
            (4) Upper guadalupe river, california.--The Secretary may 
        construct the locally preferred plan for flood damage reduction 
        and recreation, Upper Guadalupe River, California, described as 
        the Bypass Channel Plan of the Chief of Engineers, at a total 
        cost of $132,836,000, with an estimated Federal cost of 
        $42,869,000 and an estimated non-Federal cost of $89,967,000.
            (5) Yuba river basin, california.--The project for flood 
        damage reduction, Yuba River Basin, California at a total cost 
        of $25,850,000 with an estimated Federal cost of $16,775,000 
        and an estimated non-Federal cost of $9,075,000.
            (6) Delaware bay coastline: delaware and new jersey-
        broadkill beach, delaware.--
                    (A) In general.--The shore protection project for 
                hurricane and storm damage reduction, Delaware Bay 
                Coastline: Delaware and New Jersey-Broadkill Beach, 
                Delaware at a total cost of $8,871,000, with an 
                estimated Federal cost of $5,593,000 and an estimated 
                non-Federal cost of $3,278,000.
                    (B) Periodic nourishment.--Periodic nourishment is 
                authorized for a 50-year period at an estimated average 
                annual cost of $651,000, with an estimated annual 
                Federal cost of $410,000 and an estimated annual non-
                Federal cost of $241,000.
            (7) Delaware bay coastline: delaware and new jersey-port 
        mahon, delaware.--
                    (A) In general.--The shore protection project for 
                ecosystem restoration, Delaware Bay Coastline: Delaware 
                and New Jersey-Port Mahon, Delaware at a total cost of 
                $7,563,000, with an estimated Federal cost of 
                $4,916,000 and an estimated non-Federal cost of 
                $2,647,000.
                    (B) Periodic nourishment.--Periodic nourishment is 
                authorized for a 50-year period at an estimated average 
                annual cost of $238,000, with an estimated annual 
                Federal cost of $155,000 and an estimated annual non-
                Federal cost of $83,000.
            (8) Delaware bay coastline: delaware and new jersey-
        roosevelt inlet-lewes beach, delaware.--
                    (A) In general.--The shore protection project for 
                navigation mitigation and hurricane and storm damage 
                reduction, Delaware Bay Coastline: Delaware and New 
                Jersey-Roosevelt Inlet-Lewes Beach, Delaware at a total 
                cost of $3,326,000, with an estimated Federal cost of 
                $2,569,000 and an estimated non-Federal cost of 
                $2,647,000.
                    (B) Periodic nourishment.--Periodic nourishment is 
                authorized for a 50-year period at an estimated average 
                annual cost of $207,000, with an estimated annual 
                Federal cost of $159,000 and an estimated annual non-
                Federal cost of $47,600.
            (9) Delaware coast from cape henelopen to fenwick island, 
        bethany beach/south bethany beach, delaware.--
                    (A) In general.--The shore protection project for 
                hurricane storm damage reduction, Delaware Coast from 
                Cape Henelopen to Fenwick Island, Bethany Beach/South 
                Bethany Beach, Delaware at a total cost of $22,094,000, 
                with an estimated Federal cost of $14,361,000 and an 
                estimated non-Federal cost of $7,773,000.
                    (B) Periodic nourishment.--Periodic nourishment is 
                authorized for a 50-year period at an estimated average 
                annual cost of $1,573,000, with an estimated annual 
                Federal cost of $1,022,000 and an estimated annual non-
                Federal cost of $551,000.
            (10) Jacksonville harbor, florida.--The project for 
        navigation, Jacksonville Harbor, Florida at a total cost of 
        $27,758,000, with an estimated Federal cost of $9,632,000 and 
        an estimated non-Federal cost of $18,126,000.
            (11) Little talbot island, duval county, florida.--The 
        shore protection project for hurricane and storm damage 
        prevention, Little Talbot Island, Duval County, Florida at a 
        total cost of $5,802,000, with an estimated Federal cost of 
        $3,771,000 and an estimated non-Federal cost of $2,031,000.
            (12) Ponce de leon inlet, volusia county, florida.--The 
        project for navigation and recreation, Ponce de Leon Inlet, 
        Volusia County, Florida at a total cost of $5,533,000, with an 
        estimated Federal cost of $3,408,000 and an estimated non-
        Federal cost of $2,125,000.
            (13) Tampa harbor-big bend channel, florida.--The project 
        for navigation, Tampa Harbor-Big Bend Channel, Florida at a 
        total cost of $11,348,000, with an estimated Federal cost of 
        $5,747,000 and an estimated non-Federal cost of $5,601,000.
            (14) Brunswick harbor deepening, georgia.--The project for 
        navigation, Brunswick Harbor Deepening, Georgia at a total cost 
        of $49,433,000, with an estimated Federal cost of $32,083,000 
        and an estimated non-Federal cost of $17,350,000.
            (15) Savannah harbor expansion, georgia.--The project for 
        navigation, Savannah Harbor Expansion, Georgia at a total cost 
        of $195,302,000, with an estimated Federal cost of $84,423,000 
        and an estimated non-Federal cost of $110,879,000.
            (16) Grand forks, north dakota, and east grand forks, 
        minnesota.--The project for flood damage reduction and 
        recreation, Grand Forks, North Dakota and East Grand Forks, 
        Minnesota at a total cost of $281,754,000, with an estimated 
        Federal cost of $140,877,000 and an estimated non-Federal cost 
        of $140,877,000.
            (17) Bayou cassotte extension, pascagoula harbor, 
        pascagoula, mississippi.--The project for navigation, Bayou 
        Cassotte Extension, Pascagoula Harbor, Pascagoula, Mississippi 
        at a total cost of $5,700,000, with an estimated Federal cost 
        of $4,300,000 and an estimated non-Federal cost of $1,400,000.
            (18) Turkey creek basin, kansas city, missouri and kansas 
        city, kansas.--The project for flood damage reduction, Turkey 
        Creek Basin, Kansas City, Missouri and Kansas City, Kansas at a 
        total cost of $38,594,000 with an estimated Federal cost of 
        $22,912,000 and an estimated non-Federal cost of $15,682,000.
            (19) Lower cape may meadows, cape may point, new jersey.--
                    (A) In general.--The shore protection project for 
                navigation mitigation, ecosystem restoration and 
                hurricane and storm damage reduction, Lower Cape May 
                Meadows, Cape May Point, New Jersey at a total cost of 
                $14,885,000, with an estimated Federal cost of 
                $11,390,000 and an estimated non-Federal cost of 
                $3,495,000.
                    (B) Periodic nourishment.--Periodic nourishment is 
                authorized for a 50-year period at an estimated average 
                annual cost of $4,565,000, with an estimated annual 
                Federal cost of $3,674,000 and an estimated annual non-
                Federal cost of $891,000.
            (20) New jersey shore protection, brigantine inlet to great 
        egg harbor, brigantine island, new jersey.--
                    (A) In general.--The shore protection project for 
                hurricane and storm damage reduction, New Jersey Shore 
                Protection, Brigantine Inlet to Great Egg Harbor, 
                Brigantine Island, New Jersey at a total cost of 
                $4,861,000, with an estimated Federal cost of 
                $3,160,000 and an estimated non-Federal cost of 
                $1,701,000.
                    (B) Periodic nourishment.--Periodic nourishment is 
                authorized for a 50-year period at an estimated average 
                annual cost of $2,600,000, with an estimated annual 
                Federal cost of $1,700,000 and an estimated annual non-
                Federal cost of $900,000.
            (21) New jersey shore protection, townsends inlet to cape 
        may inlet, new jersey.--
                    (A) In general.--The shore protection project for 
                hurricane and storm damage reduction and ecosystem 
                restoration, New Jersey Shore Protection, Townsends 
                Inlet to Cape May Inlet, New Jersey at a total cost of 
                $55,203,000, with an estimated Federal cost of 
                $35,882,000 and an estimated non-Federal cost of 
                $19,321,000.
                    (B) Periodic nourishment.--Periodic nourishment is 
                authorized for a 50-year period at an estimated average 
                annual cost of $6,319,000, with an estimated annual 
                Federal cost of $4,107,000 and an estimated annual non-
                Federal cost of $2,212,000.

SEC. 103. PROJECT MODIFICATIONS.

    (a) Projects With Reports.--
            (1) Glenn-colusa, california.--The project for flood 
        control, Sacramento River California, authorized by section 2 
        of the Act entitled ``An Act to provide for the control of 
        floods of the Mississippi River and of the Sacramento River, 
        and for other purposes'', approved March 1, 1917 (39 Stat. 
        949), and modified by section 102 of the Energy and Water 
        Development Appropriations Act, 1990 (103 Stat. 649), and 
        further modified by section 301(b)(3) of the Water Resources 
        Development Act of 1996 (110 Stat. 3709) is further modified to 
        authorize the Secretary to carry out the portion of the project 
        in Glenn-Colusa, California in accordance with the Corps of 
        Engineers report dated May 22, 1998, at a total cost of 
        $20,700,000, with an estimated Federal cost of $15,570,000 and 
        an estimated non-Federal cost of $5,130,000.
            (2) San lorenzo river, california.--The project for flood 
        control, San Lorenzo River, California, authorized by section 
        101(a)(5) of Public Law 104-303 (110 Stat. 3663), is modified 
        to authorize the Secretary to include as a part of the project 
        streambank erosion control measures to be undertaken 
        substantially in accordance with the report entitled ``Bank 
        Stabilization Concept, Laurel Street Extension'', dated April 
        23, 1998, at a total cost of $4,000,000, with an estimated 
        Federal cost of $2,600,000 and an estimated non-Federal cost of 
        $1,400,000.
            (3) Wood river, grand island, nebraska.--The project for 
        flood control, Wood River, Grand Island, Nebraska, authorized 
        by section 101(a)(19) of the Water Resources Development Act of 
        1996 (110 Stat. 3665) is modified to authorize the Secretary to 
        construct the project in accordance with the Corps of Engineers 
        report dated June 29, 1998, at a total cost of $16,632,000, 
        with an estimated Federal cost of $9,508,000 and an estimated 
        non-Federal cost of $7,124,000.
            (4) Absecon island, new jersey.--The project for Absecon 
        Island, New Jersey, authorized by section 101(h)(13) of the 
        Water Resources Development Act of 1996 (110 Stat. 3668) is 
        amended to authorize the Secretary to reimburse the non-Federal 
        sponsor for all work performed, consistent with the authorized 
        project.
            (5) Waurika lake, oklahoma, water conveyance facilities.--
        The requirement for the Waurika Project Master Conservancy 
        District to repay the $2,900,000 in costs (including interest) 
        resulting from the October 1991 settlement of the claim of the 
        Travelers Insurance Company before the United States Claims 
        Court related to construction of the water conveyance 
        facilities authorized by Public Law 88-253 (77 Stat. 841) is 
        waived.
    (b) Projects Subject to Reports.--The following projects are 
modified as follows, except that no funds may be obligated to carry out 
work under such modifications until completion of a final report by the 
Chief of Engineers, as approved by the Secretary, finding that such 
work is technically sound, environmentally acceptable, and economically 
justified, as applicable:
            (1) Sacramento metro area, california.--The project for 
        flood control, Sacramento Metro Area, California authorized by 
        section 101(4) of the Water Resources Development Act of 1992 
        (106 Stat. 4801) is modified to authorize the Secretary to 
        construct the project at a total cost of $32,900,000, with an 
        estimated Federal cost of $24,700,000 and an estimated non-
        Federal cost of $8,200,000.
            (2) New york harbor and adjacent channels, port jersey, new 
        jersey.--The project for navigation, New York Harbor and 
        Adjacent Channels, Port Jersey, New Jersey, authorized by 
        section 202(b) of the Water Resources Development Act of 1986 
        (100 Stat. 4098) is modified to authorize the Secretary to 
        construct the project at a total cost of $100,689,000, with an 
        estimated Federal cost of $74,998,000 and an estimated non-
        Federal cost of $25,701,000.
            (3) Arthur kill, new york and new jersey.--The project for 
        navigation, Arthur Kill, New York and New Jersey, authorized by 
        section 202(b) of the Water Resources Development Act of 1986 
        (100 Stat. 4098) and modified by section 301(b)(11) of the 
        Water Resources Development Act of 1996 (110 Stat. 3711) is 
        further modified to authorize the Secretary to construct the 
        project at a total cost of $260,899,000, with an estimated 
        Federal cost of $195,705,000 and an estimated non-Federal cost 
        of $65,194,000.
    (c) Beaver Lake, Arkansas, Water Supply Storage Reallocation.--The 
Secretary shall reallocate approximately 31,000 additional acre-feet at 
Beaver Lake, Arkansas, to water supply storage at no cost to the Beaver 
Water District or the Carroll-Boone Water District, except that at no 
time shall the bottom of the conservation pool be at an elevation that 
is less than 1,076 feet, NGVD.
    (d) Tolchester Channel S-Turn, Baltimore, Maryland.--The project 
for navigation, Baltimore Harbor and Channels, Maryland, authorized by 
section 101 of the River and Harbor Act of 1958 (72 Stat. 297), is 
modified to direct the Secretary to straighten the Tolchester Channel 
S-turn as part of project maintenance.
    (e) Tropicana Wash and Flamingo Wash, Nevada.--Any Federal costs 
associated with the Tropicana and Flamingo Washes, Nevada, authorized 
by section 101(13) of the Water Resources Development Act of 1992 (106 
Stat. 4803), incurred by the non-Federal interest to accelerate or 
modify construction of the project, in cooperation with the Corps of 
Engineers, shall be considered to be eligible for reimbursement by the 
Secretary.
    (f) Flood Mitigation Near Pierre, South Dakota.--
            (1) In general.--
                    (A) Land acquisition.--To provide full operational 
                capability to carry out the authorized purposes of the 
                Missouri River Main Stem dams that are part of the 
                Pick-Sloan Missouri River Basin Program authorized by 
                section 9 of the Act entitled ``An Act authorizing the 
                construction of certain public works on rivers and 
                harbors for flood control, and other purposes'' 
                approved December 22, 1944, the Secretary may acquire 
                from willing sellers such land and property in the 
                vicinity of Pierre, South Dakota, or floodproof or 
                relocate such property within the project area, as the 
                Secretary determines is adversely affected by the full 
                wintertime Oahe Powerplant releases.
                    (B) Ownership and use.--Any land that is acquired 
                under this authority shall be kept in public ownership 
                and will be dedicated and maintained in perpetuity for 
                a use that is compatible with any remaining flood 
                threat.
                    (C) Report.--
                            (i) In general.--The Secretary shall not 
                        obligate funds to implement this paragraph 
                        until the Secretary has completed a report 
                        addressing the criteria for selecting which 
                        properties are to be acquired, relocated or 
                        floodproofed, and a plan for implementing such 
                        measures and has made a determination that the 
                        measures are economically justified.
                            (ii) Deadline.--The report shall be 
                        completed not later than 180 days after funding 
                        is made available.
                    (D) Coordination and cooperation.--The report and 
                implementation plan--
                            (i) shall be coordinated with the Federal 
                        Emergency Management Agency; and
                            (ii) shall be prepared in consultation with 
                        other Federal agencies, and State and local 
                        officials, and residents.
                    (E) Considerations.--Such report should take into 
                account information from prior and ongoing studies.
            (2) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this subsection $35,000,000.
    (g) Beach Erosion Control and Hurricane Protection, Virginia Beach, 
Virginia.--
            (1) Acceptance of funds.--In any fiscal year that the Corps 
        of Engineers does not receive appropriations sufficient to meet 
        expected project expenditures for that year, the Secretary 
        shall accept from the city of Virginia Beach, Virginia, for 
        purposes of the project for beach erosion control and hurricane 
        protection, Virginia Beach, Virginia, authorized by section 
        501(a) of the Water Resources Development Act of 1986 (100 
        Stat. 4136), such funds as the city may advance for the 
        project.
            (2) Repayment.--Subject to the availability of 
        appropriations, the Secretary shall repay, without interest, 
        the amount of any advance made under paragraph (1), from 
        appropriations that may be provided by Congress for river and 
        harbor, flood control, shore protection, and related projects.
    (h) Elizabeth River, Chesapeake, Virginia.--Notwithstanding any 
other provision of law, after the date of enactment of this Act, the 
city of Chesapeake, Virginia, shall not be obligated to make the annual 
cash contribution required under paragraph 1(9) of the Local 
Cooperation Agreement dated December 12, 1978, between the Government 
and the city for the project for navigation, southern branch of 
Elizabeth River, Chesapeake, Virginia.
    (i) Payment Option, Moorefield, West Virginia.--The Secretary may 
permit the non-Federal sponsor for the project for flood control, 
Moorefield, West Virginia, to pay without interest the remaining non-
Federal cost over a period not to exceed 30 years, to be determined by 
the Secretary.

SEC. 104. PROJECT DEAUTHORIZATIONS.

    (a) Bridgeport Harbor, Connecticut.--The portion of the project for 
navigation, Bridgeport Harbor, Connecticut authorized by section 101 of 
the River and Harbor Act of 1958 (72 Stat. 297), consisting of a 2.4-
acre anchorage area 9 feet deep and an adjacent 0.60-acre anchorage 6 
feet deep, located on the west side of Johnsons River, Connecticut, is 
not authorized after the date of enactment of this Act.
    (b) Bass Harbor, Maine.--
            (1) Deauthorization.--The portions of the project for 
        navigation, Bass Harbor, Maine, authorized on May 7, 1962, 
        under section 107 of the River and Harbor Act of 1960 (33 
        U.S.C. 577) described in paragraph (2) are not authorized after 
the date of enactment of this Act.
            (2) Description.--The portions of the project referred to 
        in paragraph (1) are described as follows:
                    (A) Beginning at a bend in the project, N149040.00, 
                E538505.00, thence running easterly about 50.00 feet 
                along the northern limit of the project to a point 
                N149061.55, E538550.11, thence running southerly about 
                642.08 feet to a point, N148477.64, E538817.18, thence 
                running southwesterly about 156.27 feet to a point on 
                the westerly limit of the project, N148348.50, 
                E538737.02, thence running northerly about 149.00 feet 
                along the westerly limit of the project to a bend in 
                the project, N148489.22, E538768.09, thence running 
                northwesterly about 610.39 feet along the westerly 
                limit of the project to the point of origin.
                    (B) Beginning at a point on the westerly limit of 
                the project, N148118.55, E538689.05, thence running 
                southeasterly about 91.92 feet to a point, N148041.43, 
                E538739.07, thence running southerly about 65.00 feet 
                to a point, N147977.86, E538725.51, thence running 
                southwesterly about 91.92 feet to a point on the 
                westerly limit of the project, N147927.84, E538648.39, 
                thence running northerly about 195.00 feet along the 
                westerly limit of the project to the point of origin.
    (c) East Boothbay Harbor, Maine.--Section 364 of the Water 
Resources Development Act of 1996 (110 Stat. 3731) is amended by 
striking paragraph (9) and inserting the following:
            ``(9) East boothbay harbor, maine.--The project for 
        navigation, East Boothbay Harbor, Maine, authorized by the 
        first section of the Act entitled ``An Act making 
        appropriations for the construction, repair, and preservation 
        of certain public works on rivers and harbors, and for other 
        purposes'', approved June 25, 1910 (36 Stat. 657).''.

SEC. 105. STUDIES.

    (a) Baldwin County, Alabama, Watersheds.--The Secretary of the Army 
shall review the report of the Chief of Engineers on the Alabama Coast 
published as House Document 108, 90th Congress, 1st Session, and other 
pertinent reports with a view to determining whether modifications of 
the recommendations contained in the House Document are advisable at 
this time in the interest of flood damage reduction, environmental 
restoration and protection, water quality, and other purposes, with a 
special emphasis on determining the advisability of developing a 
comprehensive coordinated watershed management plan for the 
development, conservation, and utilization of water and related land 
resources in the watersheds in Baldwin County, Alabama.
    (b) Escambia River, Alabama and Florida.--
            (1) In general.--The Secretary shall review the report of 
        the Chief of Engineers on the Escambia River, Alabama and 
        Florida, published as House Document 350, 71st Congress, 2d 
        Session, and other pertinent reports, to determine whether 
        modifications of any of the recommendations contained in the 
        House Document are advisable at this time with particular 
        reference to Burnt Corn Creek and Murder Creek in the vicinity 
        of Brewton, and East Brewton, Alabama, and the need for flood 
        control, floodplain evacuation, flood warning and preparedness, 
        environmental restoration and protection, and bank 
        stabilization in those areas.
            (2) Coordination.--The review shall be coordinated with 
        plans of other local and Federal agencies.
    (c) Strawberry Creek, Berkeley, California.--The Secretary shall 
conduct a study to determine the feasibility of restoring Strawberry 
Creek, Berkeley, California, to determine the Federal interest in 
environmental restoration, conservation of fish and wildlife resources, 
recreation, and water quality.
    (d) West Side Storm Water Retention Facility, City of Lancaster, 
California.--The Secretary shall conduct a study to determine the 
feasibility of undertaking measures to construct the West Side Storm 
Water Retention Facility in the city of Lancaster, California.
    (e) Apalachicola River, Florida.--The Secretary shall conduct a 
study for the purpose of identifying--
            (1) alternatives for the management of material dredged in 
        connection with operation and maintenance of the Apalachicola 
        River Navigation Project; and
            (2) alternatives which reduce the requirements for such 
        dredging.
    (f) Broward County, Sand Bypassing at Port Everglades, Florida.--
The Secretary shall conduct a study to determine the feasibility of 
constructing a sand bypassing project at the Port Everglades Inlet, 
Florida.
    (g) City of Destin-Noriega Point Breakwater, Florida.--The 
Secretary shall conduct a study to determine the feasibility of--
            (1) restoring Noriega Point, Florida, to serve as a 
        breakwater for Destin Harbor; and
            (2) including Noriega Point as part of the East Pass, 
        Florida navigation project.
    (h) Gateway Triangle Redevelopment Area, Florida.--
            (1) In general.--The Secretary shall conduct a study to 
        determine the feasibility of undertaking measures to reduce the 
        flooding problems in the vicinity of Gateway Triangle 
        Redevelopment Area, Florida.
            (2) Studies and reports.--The study shall include a review 
        and consideration of studies and reports completed by the non-
        Federal sponsor.
    (i) Hillsborough River, Withlacoochee River Basins, Florida.--The 
Secretary shall conduct a study to identify appropriate measures that 
can be undertaken in the Green Swamp, Withlacoochee River, and the 
Hillsborough River, the Water Triangle of west central Florida to 
address comprehensive watershed planning for water conservation, water 
supply, restoration and protection of environmental resources, and 
other water resource-related problems in the area.
    (j) City of Plant City, Florida.--
            (1) In general.--The Secretary shall conduct a study to 
        determine the feasibility of a flood control project in the 
        city of Plant City, Florida.
            (2) Studies and reports.--In conducting the study, the 
        Secretary shall review and consider studies and reports 
        completed by the non-Federal sponsor.
    (k) St. Lucie County, Florida, Shore Protection.--The Secretary 
shall conduct a study to determine the feasibility of a shore 
protection and hurricane and storm damage reduction project to the 
shoreline areas in St. Lucie County from the current project for Fort 
Pierce Beach, Florida southward to the Martin County line.
    (l) Acadiana Navigation Channel, Louisiana.--The Secretary shall 
conduct a study to determine the feasibility of assuming operations and 
maintenance for the Acadiana Navigational Channel located in Iberia and 
Vermillion Parishes, Louisiana.
    (m) Contraband Bayou Navigation Channel, Louisiana.--The Secretary 
shall conduct a study to determine the feasibility of assuming the 
maintenance at Contraband Bayou, Calcasieu River Ship Canal, Louisiana.
    (n) Golden Meadow Lock, Louisiana.--The Secretary shall conduct a 
study to determine the feasibility of converting the Golden Meadow 
floodgate into a navigation lock to be included in the Larose to Golden 
Meadow Hurricane Protection project.
    (o) Gulf Intracoastal Waterway Ecosystem Protection, Chef Menteur 
to Sabine River, Louisiana.--
            (1) In general.--The Secretary shall conduct a study to 
        determine the feasibility of undertaking ecosystem restoration 
        and protection measures along the Gulf Intracoastal Waterway 
        from Chef Menteur to Sabine River, Louisiana.
            (2) Matters to be addressed.--The study shall address 
        saltwater intrusion, tidal scour, erosion, and other water 
        resources related problems in this area.
    (p) Lake Pontchartrain, Louisiana, and Vicinity, St. Charles Parish 
Pumps.--The Secretary shall conduct a study to determine the 
feasibility of modifying the Lake Pontchartrain Hurricane Protection 
project to include the St. Charles Parish Pumps and the modification of 
the seawall fronting protection along Lake Pontchartrain in Orleans, 
Parish, from New Basin Canal on the west to the Inner Harbor Navigation 
Canal on the east.
    (q) Lake Pontchartrain and Vicinity Seawall Restoration, 
Louisiana.--The Secretary shall conduct a study to determine the 
feasibility of undertaking structural modifications of that portion of 
the seawall fronting protection along the south shore of Lake 
Pontchartrain in Orleans Parish, Louisiana, extending approximately 5 
miles from the new basin Canal on the west to the Inner Harbor 
Navigation Canal on the east as a part of the Lake Pontchartrain and 
Vicinity Hurricane Protection Project, authorized by section 204 of the 
Flood Control Act of 1965 (79 Stat. 1077).
    (r) Louisiana State Penitentiary Levee.--The Secretary shall 
conduct a study of the impacts of crediting the non-Federal sponsor for 
work performed in the project area of the Louisiana State Penitentiary 
Levee.
    (s) Tunica Lake Weir, Mississippi.--
            (1) In general.--The Secretary shall conduct a study to 
        determine the feasibility of constructing an outlet weir at 
        Tunica Lake, Tunica County, Mississippi, and Lee County, 
        Arkansas, for the purpose of stabilizing water levels in the 
        Lake.
            (2) Economic analysis.--In carrying out the study, the 
        Secretary shall include as a part of the economic analysis the 
        benefits derived from recreation uses at the Lake and economic 
        benefits associated with restoration of fish and wildlife 
        habitat.
    (t) Protective Facilities for the St. Louis, Missouri, Riverfront 
Area.--
            (1) Study.--The Secretary shall conduct a study to 
        determine the optimal plan to protect facilities that are 
        located on the Mississippi River riverfront within the 
        boundaries of St. Louis, Missouri.
            (2) Requirements.--In conducting the study, the Secretary--
                    (A) shall evaluate alternatives to offer safety and 
                security to facilities; and
                    (B) use state-of-the-art techniques to best 
                evaluate the current situation, probable solutions, and 
                estimated costs.
            (3) Report.--Not later than April 15, 1999, the Secretary 
        shall submit to Congress a report on the results of the study.
    (u) Yellowstone River, Montana.--
            (1) Study.--The Secretary shall conduct a comprehensive 
        study of the Yellowstone River from Gardiner, Montana to the 
        confluence of the Missouri River to determine the hydrologic, 
        biological, and socioeconomic cumulative impacts on the river.
            (2) Consultation and coordination.--The Secretary shall 
        conduct the study in consultation with the United States Fish 
        and Wildlife Service, the United States Geological Survey, and 
        the Natural Resource Conservation Service and with the full 
        participation of the State of Montana, tribal and local 
        entities, and provide for public participation.
            (3) Report.--Not later than 5 years after the date of 
        enactment of this Act, the Secretary shall submit a report to 
        Congress on the results of the study.
    (v) Las Vegas Valley, Nevada.--
            (1) In general.--The Secretary shall conduct a 
        comprehensive study of water resources located in the Las Vegas 
        Valley, Nevada.
            (2) Objectives.--The study shall identify problems and 
        opportunities related to ecosystem restoration, water quality, 
        particularly the quality of surface runoff, water supply, and 
        flood control.
    (w) Camden and Gloucester Counties, New Jersey, Streams and 
Watersheds.--The Secretary shall conduct a study to determine the 
feasibility of undertaking ecosystem restoration, floodplain 
management, flood control, water quality control, comprehensive 
watershed management, and other allied purposes along tributaries of 
the Delaware River, Camden County and Gloucester County, New Jersey.
    (x) Oswego River Basin, New York.--The Secretary shall conduct a 
study to determine the feasibility of establishing a flood forecasting 
system within the Oswego River basin, New York.
    (y) Port of New York-New Jersey Navigation Study and Environmental 
Restoration Study.--
            (1) Navigation study.--The Secretary shall conduct a 
        comprehensive study of navigation needs at the Port of New 
        York-New Jersey (including the South Brooklyn Marine and Red 
        Hook Container Terminals, Staten Island, and adjacent areas) to 
        address improvements, including deepening of existing channels 
        to depths of 50 feet or greater, that are required to provide 
        economically efficient and environmentally sound navigation to 
        meet current and future requirements.
            (2) Environmental remediation study.--The Secretary, acting 
        through the Chief of Engineers, shall review the reports of the 
        Chief of Engineers on the New York Harbor, printed in the House 
        Management Plan of the Harbor Estuary Program, and other 
        pertinent reports concerning the New York Harbor Region and the 
        Port of New York-New Jersey, to determine Federal interest in 
        advancing harbor environmental restoration.
            (3) Report.--Both studies shall be completed by December, 
        1999, to identify opportunities to link navigation improvements 
        with possible environmental restoration projects.
    (z) Niobrara River and Missouri River Sedimentation Study, South 
Dakota.--The Secretary shall conduct a study of the Niobrara River 
watershed and the operations of Fort Randall Dam and Gavins Point Dam 
on the Missouri River to determine the feasibility of alleviating the 
bank erosion, sedimentation, and related problems in the lower Niobrara 
River and the Missouri River below Fort Randall Dam.
    (aa) City of Ocean Shores Shore Protection Project, Washington.--
The Secretary shall conduct a study to determine the feasibility of 
undertaking the project for beach erosion and flood control, including 
relocation of a primary dune and periodic nourishment, at Ocean Shores, 
Washington.
    (bb) Alternative Water Sources Study.--
            (1) In general.--The Administrator of the Environmental 
        Protection Agency shall conduct a study of the water supply 
        needs of States that are not currently eligible for assistance 
        under title XVI of the Reclamation Projects Authorization and 
        Adjustment Act of 1992 (43 U.S.C. 390h et seq.).
            (2) Requirements.--The study shall--
                    (A) identify the water supply needs (including 
                potable, commercial, industrial, recreational and 
                agricultural needs) of each State described in 
                paragraph (1) through the year 2020, making use of such 
State, regional, and local plans, studies, and reports as may be 
available;
                    (B) evaluate the feasibility of various alternative 
                water source technologies such as reuse and reclamation 
                of wastewater and stormwater (including indirect 
                potable reuse), aquifer storage and recovery, and 
                desalination to meet the anticipated water supply needs 
                of the States; and
                    (C) assess how alternative water sources 
                technologies can be utilized to meet the identified 
                needs.
            (3) Report.--The Administrator shall report to Congress on 
        the results of the study not more than 180 days after the date 
        of enactment of this Act.

SEC. 106. FLOOD HAZARD MITIGATION AND RIVERINE ECOSYSTEM RESTORATION 
              PROGRAM.

    (a) In General.--
            (1) Authorization.--The Secretary may undertake a program 
        to reduce flood hazards and restore the natural functions and 
        values of riverine ecosystems throughout the United States.
            (2) Studies.--In carrying out the program, the Secretary 
        shall conduct studies to identify appropriate flood damage 
        reduction, conservation, and restoration measures and may 
        design and implement watershed management and restoration 
        projects.
            (3) Participation.--The studies and projects carried out 
        under this authority shall be conducted, to the extent 
        practicable, with the full participation of the appropriate 
        Federal agencies, including the Department of Agriculture, the 
        Federal Emergency Management Agency, the Department of the 
        Interior, the Environmental Protection Agency, and the 
        Department of Commerce.
            (4) Nonstructural approaches.--The studies and projects 
        shall, to the extent practicable, emphasize nonstructural 
        approaches to preventing or reducing flood damages.
    (b) Cost-Sharing Requirements.--
            (1) In general.--The cost of studies conducted under 
        subsection (a) shall be shared in accordance with section 105 
        of the Water Resources Development Act of 1986 (100 Stat. 4088; 
        110 Stat. 3677).
            (2) Payment percentage.--The non-Federal interests shall 
        pay 35 percent of the cost of any project carried out under 
        this section.
            (3) In-kind contributions.--The non-Federal interests shall 
        provide all land, easements, rights-of-way, dredged material 
        disposal areas, and relocations necessary for the projects, and 
        the value of the land, easements, rights-of-way, dredged 
        material disposal areas, and relocations shall be credited 
        toward the payment required under this subsection.
            (4) Responsibilities of the non-federal interests.--The 
        non-Federal interests shall be responsible for all costs 
        associated with operating, maintaining, replacing, repairing, 
        and rehabilitating all projects carried out under this 
        authority.
    (c) Project Justification.--
            (1) In general.--The Secretary may implement a project 
        under this section if the Secretary determines that the 
        project--
                    (A) will significantly reduce potential flood 
                damages;
                    (B) will improve the quality of the environment; 
                and
                    (C) is justified considering all costs and 
                beneficial outputs of the project.
            (2) Selection criteria; policies and procedures.--Not later 
        than 180 days after the date of enactment of this Act, the 
        Secretary shall--
                    (A) develop criteria for selecting and rating the 
                projects to be carried out as a part of the program 
                authorized by this section; and
                    (B) establish policies and procedures for carrying 
                out the studies and projects undertaken under this 
                section.
    (d) Reporting Requirement.--The Secretary may not implement a 
project under this section until--
            (1) the Secretary provides to the Committee on the 
        Environment and Public Works of the Senate and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives a written notification describing the project 
        and the determinations made under subsection (c); and
            (2) a period of 21 calendar days has expired following the 
        date on which the notification was received by the Committees.
    (e) Priority Areas.--In carrying out this section, the Secretary 
shall examine the potential for flood damage reductions at appropriate 
locations, including--
            (1) Saint Genevieve, Missouri;
            (2) upper Delaware River basin, New York;
            (3) Tillamook County, Oregon;
            (4) Providence County, Rhode Island; and
            (5) Willamette River basin, Oregon.
    (f) Per-Project Limitation.--Not more than $25,000,000 in Army 
Civil Works appropriations may be expended on any single project 
undertaken under this section.
    (g) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to 
        carry out this section $75,000,000 for the period of fiscal 
        years 2000 and 2001.
            (2) Program funding levels.--All studies and projects 
        undertaken under this authority from Army Civil Works 
        appropriations shall be fully funded within the program funding 
        levels provided in this subsection.

SEC. 107. SHORE PROTECTION.

    Section 103(d) of the Water Resources Development Act of 1986 (100 
Stat. 4085) is amended--
            (1) by striking ``Costs of construction'' and inserting the 
        following:
            ``(1) Construction.--Costs of construction''; and
            (2) by adding at the end the following:
            ``(2) Periodic nourishment.--In the case of a project 
        authorized for construction after December 31, 1998, or for 
        which a feasibility study is completed after that date, the 
        non-Federal cost of the periodic nourishment of projects or 
        measures for shore protection or beach erosion control shall be 
        50 percent, except that--
                    ``(A) all costs assigned to benefits to privately 
                owned shores (where use of such shores is limited to 
                private interests) or to prevention of losses of 
                private land shall be borne by non-Federal interests; 
                and
                    ``(B) all costs assigned to the protection of 
                federally owned shores shall be borne by the United 
                States.''.

SEC. 108. SMALL FLOOD CONTROL PROJECTS.

    Section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s) is 
amended--
            (1) in the first sentence, by striking ``construction of 
        small projects'' and inserting ``implementation of small 
        structural and nonstructural projects''; and
            (2) in the third sentence, by striking ``$5,000,000'' and 
        inserting ``$7,000,000''.

SEC. 109. USE OF NON-FEDERAL FUNDS FOR COMPILING AND DISSEMINATING 
              INFORMATION ON FLOODS AND FLOOD DAMAGES.

    The third sentence of section 206(b) of the Flood Control Act of 
1960 (33 U.S.C. 709a(b)) is amended by inserting before the period at 
the end the following: ``, but the Secretary of the Army may accept 
funds voluntarily contributed by such entities for the purpose of 
expanding the scope of the services requested by the entities''.

SEC. 110. EVERGLADES AND SOUTH FLORIDA ECOSYSTEM RESTORATION.

    Subparagraphs (B) and (C)(i) of section 528(b)(3) of the Water 
Resources Development Act of 1996 (110 Stat. 3769) are amended by 
striking ``1999'' and inserting ``2000''.

SEC. 111. AQUATIC ECOSYSTEM RESTORATION.

    Section 206(c) of the Water Resources Development Act of 1996 (110 
Stat. 3679) is amended--
            (1) by striking ``Construction'' and inserting the 
        following:
            ``(1) In general.--Construction''; and
            (2) by adding at the end the following:
            ``(2) Nonprofit entities.--Notwithstanding section 221 of 
        the Flood Control Act of 1970 (42 U.S.C. 1962d-5b(b)), for any 
        project undertaken under this section, a non-Federal interest 
        may include a nonprofit entity with the consent of the affected 
        local government.''.

SEC. 112. BENEFICIAL USES OF DREDGED MATERIAL.

    Section 204 of the Water Resources Development Act of 1992 (106 
Stat. 4826; 110 Stat. 3680) is amended by adding at the end the 
following:
    ``(g) Nonprofit entities.--Notwithstanding section 221 of the Flood 
Control Act of 1970 (42 U.S.C. 1962d-5b(b)), for any project carried 
out under this section, a non-Federal interest may include a nonprofit 
entity, with the consent of the affected local government.''.

SEC. 113. VOLUNTARY CONTRIBUTIONS BY STATES AND POLITICAL SUBDIVISIONS.

    Section 5 of the Flood Control Act of 1936 (33 U.S.C. 701h) is 
amended by inserting ``or environmental restoration'' after ``flood 
control''.

SEC. 114. RECREATION USER FEES.

    (a) Withholding of Amounts.--
            (1) In general.--During fiscal years 1999 through 2002, the 
        Secretary may withhold from the special account established 
        under section 4(i)(1)(A) of the Land and Water Conservation 
        Fund Act of 1965 (16 U.S.C. 460l-6a(i)(1)(A)) 100 percent of 
        the amount of receipts above a baseline of $34,000,000 per each 
        fiscal year received from fees imposed at recreation sites 
        under the administrative jurisdiction of the Department of the 
        Army under section 4(b) of that Act (16 U.S.C. 460l-6a(b)).
            (2) Use.--The amounts withheld shall be retained by the 
        Secretary and shall be available, without further Act of 
        appropriation, for expenditure by the Secretary in accordance 
        with subsection (b).
            (3) Availability.--The amounts withheld shall remain 
        available until September 30, 2005.
    (b) Use of Amounts Withheld.--In order to increase the quality of 
the visitor experience at public recreational areas and to enhance the 
protection of resources, the amounts withheld under subsection (a) may 
be used only for--
            (1) repair and maintenance projects (including projects 
        relating to health and safety);
            (2) interpretation;
            (3) signage;
            (4) habitat or facility enhancement;
            (5) resource preservation;
            (6) annual operation (including fee collection);
            (7) maintenance; and
            (8) law enforcement related to public use.
    (c) Availability.--Each amount withheld by the Secretary shall be 
available for expenditure, without further Act of appropriation, at the 
specific project from which the amount, above baseline, is collected.

SEC. 115. WATER RESOURCES DEVELOPMENT STUDIES FOR THE PACIFIC REGION.

    Section 444 of the Water Resources Development Act of 1996 (110 
Stat. 3747) is amended by striking ``interest of navigation'' and 
inserting ``interests of water resources development (including 
navigation, flood damage reduction, and environmental restoration)''.

SEC. 116. MISSOURI AND MIDDLE MISSISSIPPI RIVERS ENHANCEMENT PROJECT.

    (a) Definitions.--In this section:
            (1) Middle mississippi river.--The term ``middle 
        Mississippi River'' means the reach of the Mississippi River 
        from the mouth of the Ohio River (river mile 0, upper 
        Mississippi River) to the mouth of the Missouri River (river 
        mile 195).
            (2) Missouri river.--The term ``Missouri River'' means the 
        main stem and floodplain of the Missouri River (including 
        reservoirs) from its confluence with the Mississippi River at 
        St. Louis, Missouri, to its headwaters near Three Forks, 
        Montana.
            (3) Project.--The term ``project'' means the project 
        authorized by this section.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Army.
    (b) Protection and Enhancement Activities.--
            (1) Plan.--
                    (A) Development.--Not later than 180 days after the 
                date of enactment of this Act, the Secretary shall 
                develop a plan for a project to protect and enhance 
                fish and wildlife habitat of the Missouri River and the 
                middle Mississippi River.
                    (B) Activities.--
                            (i) In general.--The plan shall provide for 
                        such activities as are necessary to protect and 
                        enhance fish and wildlife habitat without 
                        adversely affecting--
                                    (I) the water-related needs of the 
                                region surrounding the Missouri River 
                                and the middle Mississippi River, 
                                including flood control, navigation, 
                                recreation, and enhancement of water 
                                supply; and
                                    (II) private property rights.
                            (ii) Required activities.--The plan shall 
                        include--
                                    (I) modification and improvement of 
                                navigation training structures to 
                                protect and enhance fish and wildlife 
                                habitat;
                                    (II) modification and creation of 
                                side channels to protect and enhance 
                                fish and wildlife habitat;
                                    (III) restoration and creation of 
                                island fish and wildlife habitat;
                                    (IV) creation of riverine fish and 
                                wildlife habitat;
                                    (V) establishment of criteria for 
                                prioritizing the type and sequencing of 
                                activities based on cost-effectiveness 
                                and likelihood of success; and
                                    (VI) physical and biological 
                                monitoring for evaluating the success 
                                of the project, to be performed by the 
                                River Studies Center of the United 
                                States Geological Survey in Columbia, 
                                Missouri.
            (2) Implementation of activities.--
                    (A) In general.--Using funds made available to 
                carry out this section, the Secretary shall carry out 
                the activities described in the plan.
                    (B) Use of existing authority for unconstructed 
                features of the project.--Using funds made available to 
                the Secretary under other law, the Secretary shall 
                design and construct any feature of the project that 
                may be carried out using the authority of the Secretary 
                to modify an authorized project, if the Secretary 
                determines that the design and construction will--
                            (i) accelerate the completion of activities 
                        to protect and enhance fish and wildlife 
                        habitat of the Missouri River or the middle 
                        Mississippi River; and
                            (ii) be compatible with the project 
                        purposes described in this section.
    (c) Integration of Other Activities.--
            (1) In general.--In carrying out the activities described 
        in subsection (b), the Secretary shall integrate the activities 
        with other Federal, State, and tribal activities.
            (2) New authority.--Nothing in this section confers any new 
        regulatory authority on any Federal or non-Federal entity that 
        carries out any activity authorized by this section.
    (d) Public Participation.--In developing and carrying out the plan 
under subsection (b) and the activities described in subsection (c), 
the Secretary shall provide for public review and comment in accordance 
with applicable Federal law, including--
            (1) providing advance notice of meetings;
            (2) providing adequate opportunity for public input and 
        comment;
            (3) maintaining appropriate records; and
            (4) compiling a record of the proceedings of meetings.
    (e) Compliance With Applicable Law.--In carrying out the activities 
described in subsections (b) and (c), the Secretary shall comply with 
any applicable Federal law, including the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.).
    (f) Cost Sharing.--
            (1) Non-federal share.--The non-Federal share of the cost 
        of the project shall be 35 percent.
            (2) Federal share.--The Federal share of the cost of any 1 
        activity described in subsection (b) shall not exceed 
        $5,000,000.
            (3) Operation and maintenance.--The operation and 
        maintenance of the project shall be a non-Federal 
        responsibility.
    (g) Authorization of Appropriations.--There is authorized to be 
appropriated to pay the Federal share of the cost of carrying out 
activities under this section $30,000,000 for the period of fiscal 
years 2000 and 2001.

SEC. 117. OUTER CONTINENTAL SHELF.

    (a) Sand, Gravel, and Shell.--Section 8(k)(2)(B) of the Outer 
Continental Shelf Lands Act (43 U.S.C. 1337(k)(2)(B)) is amended by 
inserting before the period at the end the following: ``or any other 
non-Federal interest subject to an agreement entered into under section 
221 of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b)''.
    (b) Reimbursement for Local Sponsor at Sandbridge Beach, Virginia 
Beach, Virginia.--Any amounts paid by the non-Federal sponsor for beach 
erosion control and hurricane protection, Sandbridge Beach, Virginia 
Beach, Virginia, as a result of an assessment under section 8(k) of the 
Outer Continental Shelf Lands Act (43 U.S.C. 1337(k)) shall be fully 
reimbursed.

SEC. 118. ENVIRONMENTAL DREDGING.

    Section 312(f) of the Water Resources Development Act of 1990 (33 
U.S.C. 1272(f)) is amended by adding at the end the following:
            ``(6) Snake Creek, Bixby, Oklahoma.''.

SEC. 119. BENEFIT OF PRIMARY FLOOD DAMAGES AVOIDED INCLUDED IN BENEFIT 
              COST ANALYSIS.

    Section 308 of the Water Resources Development Act of 1990 (33 
U.S.C. 2318) is amended--
            (1) in the heading of subsection (a), by striking 
        ``Benefit-Cost Analysis'' and inserting ``Elements Excluded 
        From Cost-Benefit Analysis'';
            (2) by redesignating subsections (b) through (e) as 
        subsections (c) through (f), respectively; and
            (3) by inserting after subsection (a) the following:
    ``(b) Elements Included in Cost-Benefit Analysis.--The Secretary 
shall include primary flood damages avoided in the benefit base for 
justifying Federal nonstructural flood damage reduction projects.''.

SEC. 120. CONTROL OF AQUATIC PLANT GROWTH.

    Section 104(a) of the River and Harbor Act of 1958 (33 U.S.C. 
610(a)) is amended--
            (1) by inserting ``Arundo dona,'' after ``water-
        hyacinth,''; and
            (2) by inserting ``tarmarix'' after ``melaleuca''.

SEC. 121. ENVIRONMENTAL INFRASTRUCTURE.

    Section 219(c) of the Water Resources Development Act of 1992 (106 
Stat. 4835) is amended--
            (1) by redesignating paragraphs (1) through (19) as 
        paragraphs (3) through (23), respectively; and
            (2) by inserting after ``as follows:'' the following:
            ``(1) Lake tahoe, california and nevada.--Regional water 
        system for Lake Tahoe, California and Nevada.
            ``(2) Lancaster, california.--Fox Field Industrial Corridor 
        water facilities, Lancaster, California.
            ``(3) San ramon, california.--San Ramon Valley recycled 
        water project, San Ramon, California.

SEC. 122. WATERSHED MANAGEMENT, RESTORATION, AND DEVELOPMENT.

    Section 503(d) of the Water Resources Development Act of 1996 (110 
Stat. 3756) is amended by adding at the end the following:
            ``(14) Clear Lake watershed, California.
            ``(15) Fresno Slough watershed, California.
            ``(16) Hayward Marsh, Southern San Francisco Bay watershed, 
        California.
            ``(17) Kaweah River watershed, California.
            ``(18) Lake Tahoe watershed, California and Nevada.
            ``(19) Malibu Creek watershed, California.
            ``(20) Truckee River basin, Nevada.
            ``(21) Walker River basin, Nevada.''.

SEC. 123. LAKES PROGRAM.

    Section 602(a) of the Water Resources Act of 1986 (100 Stat. 4148) 
is amended--
            (1) by striking ``and'' at the end of paragraph (15);
            (2) by striking the period at the end of paragraph (16) and 
        inserting a semicolon; and
            (3) by adding at the end the following:
            ``(17) Clear Lake, Lake County, California, removal of silt 
        and aquatic growth and development of a sustainable weed and 
        algae management program.
            ``(18) Osgood Pond, Milford, New Hampshire, removal of 
        excessive aquatic vegetation.''.

SEC. 124. DREDGING OF SALT PONDS IN THE STATE OF RHODE ISLAND.

    The Secretary may acquire for the State of Rhode Island a dredge 
and associated equipment with the capacity to dredge approximately 100 
cubic yards per hour for use by the State in dredging salt ponds in the 
State.

SEC. 125. UPPER SUSQUEHANNA RIVER BASIN, PENNSYLVANIA AND NEW YORK.

    Section 567(a) of the Water Resources Development Act of 1996 (110 
Stat. 3787) is amended by adding at the end the following:
            ``(3) The Chemung River watershed, New York, at an 
        estimated cost of $5,000,000.''.

SEC. 126. REPAUPO CREEK AND DELAWARE RIVER, GLOUCESTER COUNTY, NEW 
              JERSEY.

    Section 102 of the Water Resources Development Act of 1996 (110 
Stat. 3668) is amended--
            (1) by redesignating paragraphs (15) through (22) as 
        paragraphs (17) through (24), respectively; and
            (2) by inserting after paragraph (14) the following:
            ``(15) Repaupo creek and delaware river, gloucester county, 
        new jersey.--Project for tidegate and levee improvements for 
        Repaupo Creek and the Delaware River, Gloucester County, New 
        Jersey.
            ``(16) Tioga county, pennsylvania.--Project for flood 
        control, Tioga River and Cowanesque River and their 
        tributaries, Tioga County, Pennsylvania.''.

SEC. 127. SMALL NAVIGATION PROJECTS.

    Section 104 of the Water Resources Development Act of 1996 (110 
Stat. 3669) is amended--
            (1) by redesignating paragraphs (9) through (12) as 
        paragraphs (10) through (13), respectively; and
            (2) by inserting after paragraph (8) the following:
            ``(9) Fortescue inlet, delaware bay, new jersey.--Project 
        for navigation for Fortesque Inlet, Delaware Bay, New 
        Jersey.''.

SEC. 128. STREAMBANK PROTECTION PROJECTS.

    The streambank protection project at Coulson Park, along the 
Yellowstone River, Billings, Montana, shall be eligible for assistance 
under section 14 of the Flood Control Act of 1946 (60 Stat. 653).

SEC. 129. AQUATIC ECOSYSTEM RESTORATION, SPRINGFIELD, OREGON.

    (a) In General.--Under section 1135 of the Water Resources 
Development Act of 1990 (100 Stat. 4251) or other applicable authority, 
the Secretary shall conduct measures to address water quality, flows 
and fish habitat restoration in the historic Springfield, Oregon, 
millrace through the reconfiguration of the existing millpond, if the 
Secretary determines that harmful impacts have occurred as the result 
of a previously constructed flood control project by the Army Corps of 
Engineers.
    (b) Non-Federal Share.--The non-Federal share, excluding lands, 
easements, rights-of-way, dredged material disposal areas and 
relocations, shall be 25 percent.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $1,500,000.

SEC. 130. GUILFORD AND NEW HAVEN, CONNECTICUT.

    The Secretary shall expeditiously complete the activities 
authorized under section 346 of the Water Resources Development Act of 
1992 (106 Stat. 4858), including activities associated with Sluice 
Creek in Guilford, Connecticut, and Lighthouse Point Park in New Haven, 
Connecticut.

SEC. 131. FRANCIS BLAND, ARKANSAS FLOODWAY DITCH NO. 5.

    (a) Redesignation.--The project for flood control, Eight Mile 
Creek, Paragould, Arkansas authorized by section 401(a) of the Water 
Resources Development Act of 1986 (100 Stat. 4112) and known as ``Eight 
Mile Creek, Paragould, Arkansas'', shall be known and designated as the 
``Francis Bland, Arkansas Floodway Ditch No. 5''.
    (b) Legal Preferences.--Any reference in any law, map, regulation, 
document, paper, or other record of the United States to the project 
and creek referred to in subsection (a) shall be deemed to be a 
reference to the Francis Bland, Arkansas Floodway Ditch No. 5.

SEC. 132. POINT JUDITH BREAKWATER.

    (a) In General.--The Secretary shall restore the integrity of the 
breakwater located at Point Judith, Rhode Island, authorized by the 
first section of the Act of March 2, 1907 (commonly known as the 
``River and Harbor Appropriations Act of 1907'') (34 Stat. 1075, 
chapter 2509) and the first section of the Act of June 25, 1910 
(commonly known as the ``River and Harbor Appropriations Act of 1910'') 
(36 Stat. 632, chapter 382), at a total cost of $10,000,000 with an 
estimated Federal cost of $6,500,000 and an estimated non-Federal cost 
of $3,500,000.
    (b) Non-Federal Responsibility.--Operation, maintenance, repair, 
replacement, and rehabilitation of the restored breakwater shall be a 
non-Federal responsibility.

SEC. 133. CALOOSAHATCHEE RIVER BASIN, FLORIDA.

    Section 528(e)(4) of the Water Resources Development Act of 1996 
(110 Stat. 3770) is amended in the first sentence by inserting before 
the period at the end the following: ``, including potential land 
acquisition in the Caloosahatchee River basin or other areas''.

SEC. 134. CUMBERLAND, MARYLAND, FLOOD PROJECT MITIGATION.

    (a) In General.--The project for flood control and other purposes, 
Cumberland, Maryland, authorized by section 5 of the Act of June 22, 
1936 (commonly known as the ``Flood Control Act of 1936'') (49 Stat. 
1574, chapter 688), is modified to authorize the Secretary to 
undertake, as a separate part of the project, restoration of the 
historic Chesapeake and Ohio Canal substantially in accordance with the 
Chesapeake and Ohio Canal National Historic Park, Cumberland, Maryland, 
Rewatering Design Analysis, dated February 1998, at a total cost of 
$15,000,000, with an estimated Federal cost of $9,750,000 and an 
estimated non-Federal cost of $5,250,000.
    (b) In-Kind Services.--The non-Federal interest for the restoration 
project under subsection (a) may provide all or a portion of the non-
Federal share of project costs in the form of in-kind services and 
shall receive credit toward the non-Federal share of project costs for 
design and construction work performed by the non-Federal interest 
before execution of a project cooperation agreement and for land, 
easements, and rights-of-way required for the restoration and acquired 
by the non-Federal interest before execution of such an agreement.
    (c) Operation and Maintenance.--The operation and maintenance of 
the restoration project under subsection (a) shall be the full 
responsibility of the National Park Service.

SEC. 135. SEDIMENTS DECONTAMINATION POLICY.

    (a) Project Purpose.--Section 405 of the Water Resources 
Development Act of 1992 (33 U.S.C. 2239 note; Public Law 102-580) is 
amended--
            (1) in subsection (a), by adding at the end the following:
                    ``(4) Practical end-use products.--Technologies 
                selected for demonstration at the pilot scale shall 
                result in practical end-use products.
                    ``(5) Assistance by the secretary.--The Secretary 
                shall assist the project to ensure expeditious 
                completion by providing sufficient quantities of 
                contaminated dredged material to conduct the full-scale 
                demonstrations to stated capacity.''; and
            (2) in subsection (c), by striking the first sentence and 
        inserting the following: ``There is authorized to be 
        appropriated to carry out this section a total of $22,000,000 
        to complete technology testing, technology commercialization, 
        and the development of full scale processing facilities within 
        the New York-New Jersey Harbor.''.

SEC. 136. CITY OF MIAMI BEACH, FLORIDA.

    Section 5(b)(3)(C)(i) of the Act of August 13, 1946 (33 U.S.C. 
426h), is amended by inserting before the semicolon the following; ``, 
including the city of Miami Beach, Florida''.

SEC. 137. SMALL STORM DAMAGE REDUCTION PROJECTS.

    Section 3 of the Act of August 13, 1946 (33 U.S.C. 426g), is 
amended by striking ``$2,000,000'' and inserting ``$3,000,000''.

SEC. 138. SARDIS RESERVOIR, OKLAHOMA.

    (a) In General.--The Secretary shall accept from the State of 
Oklahoma or an agent of the State an amount, as determined under 
subsection (b), as prepayment of 100 percent of the water supply cost 
obligation of the State under Contract No. DACW56-74-JC-0314 for water 
supply storage at Sardis Reservoir, Oklahoma.
    (b) Determination of Amount.--The amount to be paid by the State of 
Oklahoma under subsection (aa) shall be subject to adjustment in 
accordance with accepted discount purchase methods for Government 
properties as determined by an independent accounting firm designated 
by the Director of the Office of Management and Budget.
    (c) Effect.--Nothing in this section shall otherwise affect any of 
the rights or obligations of the parties to the contract referred to in 
subsection (a).

SEC. 139. UPPER MISSISSIPPI RIVER AND ILLINOIS WATERWAY SYSTEM 
              NAVIGATION MODERNIZATION.

    (a) Findings.--Congress finds that--
            (1) exports are necessary to ensure job creation and an 
        improved standard of living for the people of the United 
        States;
            (2) the ability of producers of goods in the United States 
        to compete in the international marketplace depends on a modern 
        and efficient transportation network;
            (3) a modern and efficient waterway system is a 
        transportation option necessary to provide United States 
shippers a safe, reliable, and competitive means to win foreign markets 
in an increasingly competitive international marketplace;
            (4) the need to modernize is heightened because the United 
        States is at risk of losing its competitive edge as a result of 
        the priority that foreign competitors are placing on 
        modernizing their own waterway systems;
            (5) growing export demand projected over the coming decades 
        will force greater demands on waterway systems of the United 
        States and increase the cost to the economy if the system 
        proves inadequate to satisfy growing export opportunities;
            (6) the locks and dams on the upper Mississippi River and 
        Illinois River waterway system were built in the 1930s and have 
        some of the highest average delays to commercial tows in the 
        country;
            (7) inland barges carry freight at the lowest unit cost 
        while offering an alternative to truck and rail transportation 
        that is environmentally sound, is energy efficient, is safe, 
        causes little congestion, produces little air or noise 
        pollution, and has minimal social impact; and
            (8) it should be the policy of the Corps of Engineers to 
        pursue aggressively modernization of the waterway system 
        authorized by Congress to promote the relative competitive 
        position of the United States in the international marketplace.
    (b) Preconstruction Engineering and Design.--In accordance with the 
Upper Mississippi River-Illinois Waterway System Navigation Study, the 
Secretary shall proceed immediately to prepare engineering design, 
plans, and specifications for extension of locks 20, 21, 22, 24, 25 on 
the Mississippi River and the LaGrange and Peoria Locks on the Illinois 
River, to provide lock chambers 110 feet in width and 1,200 feet in 
length, so that construction can proceed immediately upon completion of 
studies and authorization of projects by Congress.

SEC. 140. DISPOSAL OF DREDGED MATERIAL ON BEACHES.

    Section 145 of the Water Resources Development Act of 1976 (33 
U.S.C. 426j) is amended in the first sentence by striking ``50'' and 
inserting ``35''.

SEC. 141. FISH AND WILDLIFE MITIGATION.

    Section 906(e) of the Water Resources Development Act of 1986 (33 
U.S.C. 2283(e)) is amended by inserting after the second sentence the 
following: ``Not more than 80 percent of the non-Federal share of such 
first costs may be in kind, including a facility, supply, or service 
that is necessary to carry out the enhancement project.''.

SEC. 142. UPPER MISSISSIPPI RIVER MANAGEMENT.

    Section 1103 of the Water Resources Development Act of 1986 (33 
U.S.C. 652) is amended--
            (1) in subsection (e)--
                    (A) by striking ``(e)'' and all that follows 
                through the end of paragraph (2) and inserting the 
                following:
    ``(e) Undertakings.--
            ``(1) In general.--
                    ``(A) Authority.--The Secretary, in consultation 
                with the Secretary of the Interior and the States of 
                Illinois, Iowa, Minnesota, Missouri, and Wisconsin, may 
                undertake, as identified in the master plan--
                            ``(i) a program for the planning, 
                        construction, and evaluation of measures for 
                        fish and wildlife habitat rehabilitation and 
                        enhancement;
                            ``(ii) implementation of a long-term 
                        resource monitoring, computerized data 
                        inventory and analysis, and applied research 
                        program; and
                            ``(iii) for each pool and the open reach, a 
                        natural resource blueprint to guide habitat 
                        rehabilitation and long-term resource 
                        monitoring.
                    ``(B) Requirements for projects.--Each project 
                carried out under subparagraph (A) shall--
                            ``(i) to the maximum extent practicable, 
                        simulate natural river processes; and
                            ``(ii) include an outreach and education 
                        component.
                    ``(C) Review committee.--In carrying out 
                subparagraph (A), the Secretary shall create an 
                independent technical review committee to review 
                projects, monitoring plans, and blueprints.
                    ``(D) Criteria for habitat rehabilitation.--In 
                carrying out subparagraph (A), the Secretary shall 
                revise criteria for habitat rehabilitation for projects 
                to promote the simulation of natural river processes, 
                to the maximum extent practicable.
                    ``(E) Blueprints.--
                            ``(i) Data.--The natural resource blueprint 
                        shall, to the maximum extent practicable, use 
                        data in existence on the date of enactment of 
                        this subparagraph.
                            ``(ii) Timing.--The Secretary shall 
                        complete a natural resource blueprint for each 
                        pool not later than 6 years after the date of 
                        enactment of this subparagraph.
                    ``(F) Authorization of appropriations.--There is 
                authorized to be appropriated to carry out this 
                paragraph $350,000 for each of fiscal years 1999 
                through 2009.
            ``(2) Reports.--On December 31, 2004, in consultation with 
        the Secretary of the Interior and the States of Illinois, Iowa, 
        Minnesota, Missouri, and Wisconsin, the Secretary shall prepare 
        and submit to Congress a report that--
                    ``(A) contains an evaluation of the programs 
                described in paragraph (1);
                    ``(B) describes the accomplishments of each 
                program;
                    ``(C) provide updates of a systemic habitat needs 
                assessment; and
                    ``(D) identifies any needed adjustments in the 
                authorization under paragraph (1) or the authorized 
                appropriations under paragraphs (3) and (4).'';
                    (B) in paragraph (3)--
                            (i) by striking ``paragraph (1)(A)'' and 
                        inserting ``paragraph (1)(A)(i); and
                            (ii) by striking ``Secretary not to 
                        exceed'' and all that follows and inserting 
                        ``Secretary not to exceed $22,750,000 for each 
                        of fiscal years 1999 through 2009.'';
                    (C) in paragraph (4)--
                            (i) by striking ``paragraph (1)(B)'' and 
                        inserting ``paragraph (1)(A)(ii); and
                            (ii) by striking ``$7,680,000'' and all 
                        that follows and inserting ``$10,420,000 for 
                        each of fiscal years 1999 through 2009.'';
                    (D) by striking paragraphs (5) and (6) and 
                inserting the following:
            ``(5) Transfer of amounts.--For each fiscal year beginning 
        after September 30, 1992, the Secretary, in consultation with 
        the Secretary of the Interior and the States of Illinois, Iowa, 
        Minnesota, Missouri, and Wisconsin, may transfer appropriated 
        amounts between the programs under subparagraphs (A) and (B) of 
        paragraph (1).'';
                    (E) by redesignating paragraphs (7) and (8) as 
                paragraphs (6) and (7), respectively; and
                    (F) in paragraph (6) (as redesignated by 
                subparagraph (E))--
                            (i) in subparagraph (A), by inserting 
                        before the period the following: ``and, in the 
                        case of any project carried out on non-Federal 
                        land, the non-Federal share of the cost of the 
                        project shall be 35 percent and the non-Federal 
                        share of the cost of operation and maintenance 
                        of the project shall be 100 percent''; and
                            (ii) in subparagraph (B), by striking 
                        ``paragraphs (1)(B) and (1)(C) of this 
                        subsection'' and inserting ``paragraph 
                        (1)(B)''; and
            (2) by adding at the end the following:
    ``(k) St. Louis Area Urban Wildlife Habitat.--The Secretary shall 
investigate and, if appropriate, carry out restoration of urban 
wildlife habitat, with a special emphasis on the establishment of 
greenways in St. Louis, Missouri, area and surrounding communities.''.

SEC. 143. REIMBURSEMENT OF NON-FEDERAL INTEREST.

    Section 211(e)(2)(A) of the Water Resources Development Act of 1996 
(110 Stat. 3684) is amended by striking ``subject to amounts being made 
available in advance in appropriations Acts'' and inserting ``subject 
to the availability of appropriations''.

SEC. 144. RESEARCH AND DEVELOPMENT PROGRAM FOR COLUMBIA AND SNAKE 
              RIVERS SALMON SURVIVAL.

    Section 511 of the Water Resources Development Act of 1996 (16 
U.S.C. 3301 note) is amended by striking subsection (a) and all that 
follows and inserting the following:
    ``(a) Salmon Survival Activities.--
            ``(1) In general.--In conjunction with the Secretary of 
        Commerce and Secretary of the Interior, the Secretary shall 
        accelerate ongoing research and development activities, and may 
        carry out or participate in additional research and development 
        activities, for the purpose of developing innovative methods 
        and technologies for improving the survival of salmon, 
        especially salmon in the Columbia/Snake River Basin.
            ``(2) Accelerated activities.--Accelerated research and 
        development activities referred to in paragraph (1) may include 
        research and development related to--
                    ``(A) impacts from water resources projects and 
                other impacts on salmon life cycles;
                    ``(B) juvenile and adult salmon passage;
                    ``(C) light and sound guidance systems;
                    ``(D) surface-oriented collector systems;
                    ``(E) transportation mechanisms; and
                    ``(F) dissolved gas monitoring and abatement.
            ``(3) Additional activities.--Additional research and 
        development activities referred to in paragraph (1) may include 
        research and development related to--
                    ``(A) studies of juvenile salmon survival in 
                spawning and rearing areas;
                    ``(B) estuary and near-ocean juvenile and adult 
                salmon survival;
                    ``(C) impacts on salmon life cycles from sources 
                other than water resources projects;
                    ``(D) cryopreservation of fish gametes and 
                formation of a germ plasm repository for threatened and 
                endangered populations of native fish; and
                    ``(E) other innovative technologies and actions 
                intended to improve fish survival, including the 
                survival of resident fish.
            ``(4) Coordination.--The Secretary shall coordinate any 
        activities carried out under this subsection with appropriate 
        Federal, State, and local agencies, affected Indian tribes, and 
        the Northwest Power Planning Council.
            ``(5) Report.--Not later than 3 years after the date of 
        enactment of this Act, the Secretary shall transmit to Congress 
        a report on the research and development activities carried out 
        under this subsection, including any recommendations of the 
        Secretary concerning the research and development activities.
            ``(6) Authorization of appropriations.--There is authorized 
        to be appropriated $10,000,000 to carry out research and 
        development activities under paragraph (3).
    ``(b) Advanced Turbine Development.--
            ``(1) In general.--In conjunction with the Secretary of 
        Energy, the Secretary shall accelerate efforts toward 
        developing and installing in Corps of Engineers operated dams 
        innovative, efficient, and environmentally safe hydropower 
        turbines, including design of ``fish-friendly'' turbines, for 
        use on the Columbia/Snake River hydrosystem.
            ``(2) Authorization of appropriations.--There is authorized 
        to be appropriated $35,000,000 to carry out this subsection.
    ``(c) Management of Predation on Columbia/Snake River System Native 
Fishes.--
            ``(1) Nesting avian predators.--In conjunction with the 
        Secretary of Commerce and Secretary of the Interior, and 
        consistent with a management plan to be developed by the United 
        States Fish and Wildlife Service, the Secretary shall carry out 
        methods to reduce nesting populations of avian predators on 
        dredge spoil islands in the Columbia River under the 
        jurisdiction of the Secretary.
            ``(2) Authorization of appropriations.--There is authorized 
        to be appropriated $1,000,000 to carry out research and 
        development activities under this subsection.
    ``(d) Implementation.--Nothing in this section affects the 
authority of the Secretary to implement the results of the research and 
development carried out under this section or any other law.''.

  TITLE II--CHEYENNE RIVER SIOUX TRIBE, LOWER BRULE SIOUX TRIBE, AND 
     STATE OF SOUTH DAKOTA TERRESTRIAL WILDLIFE HABITAT RESTORATION

SEC. 201. DEFINITIONS.

    In this title:
            (1) Restoration.--The term ``restoration'' means mitigation 
        of the habitat of wildlife.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Army, acting through the Assistant Secretary for Civil 
        Works.
            (3) Terrestrial wildlife habitat.--The term ``terrestrial 
        wildlife habitat'' means a habitat for a wildlife species 
        (including game and nongame species) that existed or exists on 
        an upland habitat (including a prairie grassland, woodland, 
        bottom land forest, scrub, or shrub) or an emergent wetland 
        habitat.
            (4) Wildlife.--The term ``wildlife'' has the meaning given 
        the term in section 8 of the Fish and Wildlife Coordination Act 
        (16 U.S.C. 666b).

SEC. 202. TERRESTRIAL WILDLIFE HABITAT RESTORATION.

    (a) Terrestrial Wildlife Habitat Restoration Plans.--
            (1) In general.--In accordance with this subsection and in 
        consultation with the Secretary and the Secretary of the 
        Interior, the State of South Dakota, the Cheyenne River Sioux 
        Tribe, and the Lower Brule Sioux Tribe shall, as a condition of 
        the receipt of funds under this title, each develop a plan for 
        the restoration of terrestrial wildlife habitat loss that 
        occurred as a result of flooding related to the Big Bend and 
        Oahe projects carried out as part of the Pick-Sloan Missouri 
        River Basin program.
            (2) Submission of plan to secretary.--On completion of a 
        plan for terrestrial wildlife habitat restoration, the State of 
        South Dakota, the Cheyenne River Sioux Tribe, and the Lower 
        Brule Sioux Tribe shall submit the plan to the Secretary.
            (3) Review by secretary and submission to committees.--The 
        Secretary shall review the plan and submit the plan, with any 
        comments, to--
                    (A) the Committee on Environment and Public Works 
                of the Senate; and
                    (B) the Committee on Resources of the House of 
                Representatives.
            (4) Funding for carrying out plans.--
                    (A) State of south dakota.--
                            (i) Notification.--On receipt of the plan 
                        for terrestrial wildlife habitat restoration 
                        submitted by the State of South Dakota, each of 
                        the Committees referred to in paragraph (2) 
                        shall notify the Secretary of the Treasury of 
                        the receipt of the plan.
                            (ii) Availability of funds.--On 
                        notification in accordance with clause (i), the 
                        Secretary of the Treasury shall make available 
                        to the State of South Dakota funds from the 
                        South Dakota Terrestrial Wildlife Habitat 
                        Restoration Trust Fund established under 
                        section 203, to be used to carry out the plan 
                        for terrestrial wildlife habitat restoration 
                        submitted by the State.
                    (B) Cheyenne river sioux tribe and lower brule 
                sioux tribe.--
                            (i) Notification.--On receipt of the plan 
                        for terrestrial wildlife habitat restoration 
                        submitted by the Cheyenne River Sioux Tribe and 
                        the Lower Brule Sioux Tribe, each of the 
                        Committees referred to in paragraph (2) shall 
                        notify the Secretary of the Treasury of the 
                        receipt of each of the plans.
                            (ii) Availability of funds.--On 
                        notification in accordance with clause (i), the 
                        Secretary of the Treasury shall make available 
                        to the Cheyenne River Sioux Tribe and the Lower 
                        Brule Sioux Tribe funds from the Cheyenne River 
                        Sioux Tribe Terrestrial Wildlife Habitat 
                        Restoration Trust Fund and the Lower Brule 
                        Sioux Tribe Terrestrial Wildlife Habitat 
                        Restoration Trust Fund, respectively, 
                        established under section 204, to be used to 
                        carry out the plan for terrestrial wildlife 
                        habitat restoration submitted by the Cheyenne 
                        River Sioux Tribe and the Lower Brule Sioux 
                        Tribe, respectively.
                    (C) Transition period.--
                            (i) In general.--During the period 
                        described in clause (ii), the Secretary shall--
                                    (I) fund the terrestrial wildlife 
                                habitat restoration programs being 
                                carried out on the date of enactment of 
                                this Act on Oahe and Big Bend project 
                                land and the plans established under 
                                this section at a level that does not 
                                exceed the highest amount of funding 
                                that was provided for the programs 
                                during a previous fiscal year; and
                                    (II) implement the programs.
                            (ii) Period.--Clause (i) shall apply during 
                        the period--
                                    (I) beginning on the date of 
                                enactment of this Act; and
                                    (II) ending on the earlier of--
                                            (aa) the date on which 
                                        funds are made available for 
                                        use from the South Dakota 
                                        Terrestrial Wildlife Habitat 
                                        Restoration Trust Fund under 
                                        section 203(d)(3)(A)(i) and the 
                                        Cheyenne River Sioux Tribe 
                                        Terrestrial Wildlife Habitat 
                                        Restoration Trust Fund and the 
                                        Lower Brule Sioux Tribe 
                                        Terrestrial Wildlife Habitat 
                                        Restoration Trust Fund under 
                                        section 204(d)(3)(A)(i); or
                                            (bb) the date that is 4 
                                        years after the date of 
                                        enactment of this Act.
    (b) Programs for the Purchase of Wildlife Habitat Leases.--
            (1) In general.--The State of South Dakota may use funds 
        made available under section 203(d)(3)(A)(iii) to develop a 
        program for the purchase of wildlife habitat leases that meets 
        the requirements of this subsection.
            (2) Development of a plan.--
                    (A) In general.--If the State of South Dakota, the 
                Cheyenne River Sioux Tribe, or the Lower Brule Sioux 
                Tribe elects to conduct a program under this 
                subsection, the State of South Dakota, the Cheyenne 
                River Sioux Tribe, or the Lower Brule Sioux Tribe (in 
                consultation with the United States Fish and Wildlife 
                Service and the Secretary and with an opportunity for 
                public comment) shall develop a plan to lease land for 
                the protection and development of wildlife habitat, 
                including habitat for threatened and endangered 
                species, associated with the Missouri River ecosystem.
                    (B) Use for program.--The plan shall be used by the 
                State of South Dakota, the Cheyenne River Sioux Tribe, 
                or the Lower Brule Sioux Tribe in carrying out the 
                program carried out under paragraph (1).
            (3) Conditions of leases.--Each lease covered under a 
        program carried out under paragraph (1) shall specify that the 
        owner of the property that is subject to the lease shall 
        provide--
                    (A) public access for sportsmen during hunting 
                season; and
                    (B) public access for other outdoor uses covered 
                under the lease, as negotiated by the landowner and the 
                State of South Dakota, the Cheyenne River Sioux Tribe, 
                or the Lower Brule Sioux Tribe.
            (4) Use of assistance.--
                    (A) State of south dakota.--If the State of South 
                Dakota conducts a program under this subsection, the 
                State may use funds made available under section 
                203(d)(3)(A)(iii) to--
                            (i) acquire easements, rights-of-way, or 
                        leases for management and protection of 
                        wildlife habitat, including habitat for 
                        threatened and endangered species, and public 
                        access to wildlife on private property in the 
                        State of South Dakota;
                            (ii) create public access to Federal or 
                        State land through the purchase of easements or 
                        rights-of-way that traverse such private 
                        property; or
                            (iii) lease land for the creation or 
                        restoration of a wetland on such private 
                        property.
                    (B) Cheyenne river sioux tribe and lower brule 
                sioux tribe.--If the Cheyenne River Sioux Tribe or the 
                Lower Brule Sioux Tribe conducts a program under this 
                subsection, the Tribe may use funds made available 
                under section 204(d)(3)(A)(iii) for the purposes 
                described in subparagraph (A).
    (c) Federal Obligation for Terrestrial Wildlife Habitat Mitigation 
for the Big Bend and Oahe Projects in South Dakota.--The establishment 
of the trust funds under sections 203 and 204 and the development and 
implementation of plans for terrestrial wildlife habitat restoration 
developed by the State of South Dakota, the Cheyenne River Sioux Tribe, 
and the Lower Brule Sioux Tribe in accordance with this section shall 
be considered to satisfy the Federal obligation under the Fish and 
Wildlife Coordination Act (16 U.S.C. 661 et seq.) for terrestrial 
wildlife habitat mitigation for the State of South Dakota, the Cheyenne 
River Sioux Tribe, and the Lower Brule Sioux Tribe for the Big Bend and 
Oahe projects carried out as part of the Pick-Sloan Missouri River 
Basin program.

SEC. 203. SOUTH DAKOTA TERRESTRIAL WILDLIFE HABITAT RESTORATION TRUST 
              FUND.

    (a) Establishment.--There is established in the Treasury of the 
United States a fund to be known as the ``South Dakota Terrestrial 
Wildlife Habitat Restoration Trust Fund'' (referred to in this section 
as the ``Fund'').
    (b) Funding.--For the fiscal year during which this Act is enacted 
and each fiscal year thereafter until the aggregate amount deposited in 
the Fund under this subsection is equal to at least $108,000,000, the 
Secretary of the Treasury shall deposit in the Fund an amount equal to 
15 percent of the receipts from the deposits in the Treasury of the 
United States for the preceding fiscal year from the power program of 
the Pick-Sloan Missouri River Basin program, administered by the 
Western Area Power Administration.
    (c) Investments.--The Secretary of the Treasury shall invest the 
amounts deposited under subsection (b) only in interest-bearing 
obligations of the United States or in obligations guaranteed by the 
United States as to both principal and interest.
    (d) Payments.--
            (1) In general.--All amounts credited as interest under 
        subsection (c) shall be available, without fiscal year 
        limitation, to the State of South Dakota for use in accordance 
        with paragraph (3).
            (2) Withdrawal and transfer of funds.--Subject to section 
        202(a)(4)(A), the Secretary of the Treasury shall withdraw 
        amounts credited as interest under paragraph (1) and transfer 
        the amounts to the State of South Dakota for use as State funds 
        in accordance with paragraph (3).
            (3) Use of transferred funds.--
                    (A) In general.--Subject to subparagraph (B), the 
                State of South Dakota shall use the amounts transferred 
                under paragraph (2) only to--
                            (i) fully fund the annually scheduled work 
                        described in the terrestrial wildlife habitat 
                        restoration plan of the State developed under 
                        section 202(a); and
                            (ii) with any remaining funds--
                                    (I) protect archaeological, 
                                historical, and cultural sites located 
                                along the Missouri River on land 
                                transferred to the State;
                                    (II) fund all costs associated with 
                                the ownership, management, operation, 
                                administration, maintenance, and 
                                development of recreation areas and 
                                other lands that are transferred to the 
                                State of South Dakota by the Secretary;
                                    (III) purchase and administer 
                                wildlife habitat leases under section 
                                202(b);
                                    (IV) carry out other activities 
                                described in section 202; and
                                    (V) develop and maintain public 
                                access to, and protect, wildlife 
                                habitat and recreation areas along the 
                                Missouri River.
                    (B) Prohibition.--The amounts transferred under 
                paragraph (2) shall not be used for the purchase of 
                land in fee title.
    (e) Transfers and Withdrawals.--Except as provided in subsection 
(d), the Secretary of the Treasury may not transfer or withdraw any 
amount deposited under subsection (b).
    (f) Administrative Expenses.--There are authorized to be 
appropriated to the Secretary of the Treasury such sums as are 
necessary to pay the administrative expenses of the Fund.

SEC. 204. CHEYENNE RIVER SIOUX TRIBE AND LOWER BRULE SIOUX TRIBE 
              TERRESTRIAL WILDLIFE HABITAT RESTORATION TRUST FUNDS.

    (a) Establishment.--There are established in the Treasury of the 
United States 2 funds to be known as the ``Cheyenne River Sioux Tribe 
Terrestrial Wildlife Restoration Trust Fund'' and the ``Lower Brule 
Sioux Tribe Terrestrial Wildlife Habitat Restoration Trust Fund'' (each 
of which is referred to in this section as a ``Fund'').
    (b) Funding.--
            (1) In general.--Subject to paragraph (2), for the fiscal 
        year during which this Act is enacted and each fiscal year 
        thereafter until the aggregate amount deposited in the Funds 
        under this subsection is equal to at least $57,400,000, the 
        Secretary of the Treasury shall deposit in the Funds an amount 
        equal to 10 percent of the receipts from the deposits in the 
        Treasury of the United States for the preceding fiscal year 
        from the power program of the Pick-Sloan Missouri River Basin 
        program, administered by the Western Area Power Administration.
            (2) Allocation.--Of the total amount of funds deposited 
        into the Funds for a fiscal year, the Secretary of the Treasury 
        shall deposit--
                    (A) 74 percent of the funds into the Cheyenne River 
                Sioux Tribe Terrestrial Wildlife Restoration Trust 
                Fund; and
                    (B) 26 percent of the funds into the Lower Brule 
                Sioux Tribe Terrestrial Wildlife Habitat Restoration 
                Trust Fund.
    (c) Investments.--The Secretary of the Treasury shall invest the 
amounts deposited under subsection (b) only in interest-bearing 
obligations of the United States or in obligations guaranteed as to 
both principal and interest by the United States.
    (d) Payments.--
            (1) In general.--All amounts credited as interest under 
        subsection (c) shall be available, without fiscal year 
        limitation, to the Cheyenne River Sioux Tribe and the Lower 
        Brule Sioux Tribe for their use in accordance with paragraph 
        (3).
            (2) Withdrawal and transfer of funds.--Subject to section 
        202(a)(4)(B), the Secretary of the Treasury shall withdraw 
        amounts credited as interest under paragraph (1) and transfer 
        the amounts to the Cheyenne River Sioux Tribe and the Lower 
        Brule Sioux Tribe for use in accordance with paragraph (3).
            (3) Use of transferred funds.--
                    (A) In general.--Subject to subparagraph (B), the 
                Cheyenne River Sioux Tribe and the Lower Brule Sioux 
                Tribe shall use the amounts transferred under paragraph 
                (2) only to--
                            (i) fully fund the annually scheduled work 
                        described in the terrestrial wildlife habitat 
                        restoration plan of the respective Tribe 
                        developed under section 202(a); and
                            (ii) with any remaining funds--
                                    (I) protect archaeological, 
                                historical, and cultural States located 
                                along the Missouri River on land 
                                transferred to the respective Tribe;
                                    (II) fund all costs associated with 
                                the ownership, management, operation, 
                                administration, maintenance, and 
                                development of recreation areas and 
                                other lands that are transferred to the 
                                respective Tribe by the Secretary;
                                    (III) purchase and administer 
                                wildlife habitat leases under section 
                                202(b);
                                    (IV) carry out other activities 
                                described in section 202;
                                    (V) develop and maintain public 
                                access to, and protect, wildlife 
                                habitat and recreation areas along the 
                                Missouri River.
                    (B) Prohibition.--The amounts transferred under 
                paragraph (2) shall not be used for the purchase of 
                land in fee title.
    (e) Transfers and Withdrawals.--Except as provided in subsection 
(d), the Secretary of the Treasury may not transfer or withdraw any 
amount deposited under subsection (b).
    (f) Administrative Expenses.--There are authorized to be 
appropriated to the Secretary of the Treasury such sums as are 
necessary to pay the administrative expenses of the Fund.

SEC. 205. TRANSFER OF FEDERAL LAND TO STATE OF SOUTH DAKOTA.

    (a) In General.--
            (1) Transfer.--The Secretary of the Army shall transfer to 
        the Department of Game, Fish and Parks of the State of South 
        Dakota (referred to in this section as the ``Department'') the 
        land and recreation areas described in subsections (b) and (c) 
        for fish and wildlife purposes, or public recreation uses, in 
        perpetuity.
            (2) Uses.--The Department shall maintain and develop the 
        land and recreation areas for fish and wildlife purposes in 
        accordance with--
                    (A) fish and wildlife purposes in effect on the 
                date of enactment of this Act; or
                    (B) a plan developed under section 202.
            (3) Corps of engineers.--The transfer shall not interfere 
        with the Corps of Engineers operation of a project under this 
        section for an authorized purpose of the project under the Act 
        of December 22, 1944 (58 Stat. 887, chapter 665; 33 U.S.C. 701-
        1 et seq.) or other applicable law.
            (4) Secretary of the army.--The Secretary of the Army shall 
        retain the right to inundate with water the land transferred to 
        the Department under this section or draw down a project 
        reservoir, as necessary to carry out an authorized purpose of a 
        project.
    (b) Land Transferred.--The land described in this subsection is 
land that--
            (1) is located above the top of the exclusive flood pool of 
        the Oahe Big Bend, Fort Randall, and Garvin's Point projects of 
        the Pick-Sloan Missouri River Basin program;
            (2) was acquired by the Secretary of the Army for the 
        implementation of the Pick-Sloan Missouri River Basin program;
            (3) is located outside the external boundaries of a 
        reservation of an Indian Tribe; and
            (4) is located within the State of South Dakota.
    (c) Recreation Areas Transferred.--A recreation area described in 
this section includes the land and waters within a recreation area 
that--
            (1) the Secretary of the Army determines, at the time of 
        the transfer, is a recreation area classified for recreation 
        use by the Corps of Engineers on the date of enactment of this 
        Act;
            (2) is located outside the external boundaries of a 
        reservation of an Indian Tribe; and
            (3) is located within the State of South Dakota.
    (d) Map.--
            (1) In general.--The Secretary of the Army, in consultation 
        with the Department, shall prepare a map of the land and 
        recreation areas transferred under this section.
            (2) Land.--The map shall identify--
                    (A) land reasonably expected to be required for 
                project purposes during the 20-year period beginning on 
                the date of enactment of this Act; and
                    (B) dams and related structures;
        which shall be retained by the Secretary.
            (3) Availability.--The map shall be on file in the 
        appropriate offices of the Secretary of the Army.
    (e) Schedule for Transfer.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary of the Army and the 
        Secretary of the South Dakota Game, Fish, and Parks Department 
        shall jointly develop a schedule for transferring the land and 
        recreation areas under this section.
            (2) Transfer deadline.--All land and recreation areas shall 
        be transferred not later than 1 year after the full 
        capitalization of the respective Trust Fund described in 
        section 204.
    (f) Transfer Conditions.--The land and recreation areas described 
in subsections (b) and (c) shall be transferred in fee title to the 
Department on the following conditions:
            (1) Responsibility for damage.--The Secretary of the Army 
        shall not be responsible for any damage to the land caused by 
        flooding, sloughing, erosion, or other changes to the land 
        caused by the operation of any project of the Pick-Sloan 
        Missouri River Basin program (except as otherwise provided by 
        Federal law).
            (2) Easements, rights-of-way, leases, and cost-sharing 
        agreements.--The Department shall maintain all easements, 
        rights-of-way, leases, and cost-sharing agreements that are in 
        effect as of the date of the transfer.
    (g) Hunting and Fishing.--Nothing in this title affects 
jurisdiction over hunting and fishing on the waters of the Missouri 
River. The State of South Dakota, the Lower Brule Sioux Tribe, and the 
Cheyenne River Sioux Tribe shall continue to exercise the jurisdiction 
the State and Tribes possess on the date of enactment of this Act.

SEC. 206. TRANSFER OF CORPS OF ENGINEERS LAND FOR INDIAN TRIBES.

    (a) In General.--
            (1) Transfer.--The Secretary of the Army shall transfer to 
        the Secretary of the Interior the land and recreation areas 
        described in subsections (b) and (c).
            (2) Corps of engineers.--The transfer shall not interfere 
        with the Corps of Engineers operation of a project under this 
        section for an authorized purpose of the project under the Act 
        of December 22, 1944 (58 Stat. 887, chapter 665; 33 U.S.C. 701-
        1 et seq.) or other applicable law.
            (3) Secretary of the army.--The Secretary of the Army shall 
        retain the right to inundate with water the land transferred to 
        the Tribes under this section or draw down a project reservoir, 
        as necessary to carry out an authorized purpose of a project.
            (4) Trust.--The Secretary of the Interior shall hold in 
        trust for the Cheyenne River Sioux Tribe and the Lower Brule 
        Sioux Tribe the land transferred under this section that is 
        located within the external boundaries of the reservation of 
        the Indian Tribes.
    (b) Land Transferred.--The land described in this subsection is 
land that--
            (1) is located above the top of the exclusive flood pool of 
        the Big Bend and Oahe projects of the Pick-Sloan Missouri River 
        Basin program;
            (2) was acquired by the Secretary of the Army for the 
        implementation of the Pick-Sloan Missouri River Basin program; 
        and
            (3) is located within the external boundaries of the 
        Cheyenne River Sioux Tribe and the Lower Brule Sioux Tribe.
    (c) Recreation Areas Transferred.--A recreation area described in 
this section includes the land and waters within a recreation area 
that--
            (1) the Secretary of the Army determines, at the time of 
        the transfer, is a recreation area classified for recreation 
        use by the Corps of Engineers on the date of enactment of this 
        Act;
            (2) is located within the external boundaries of a 
        reservation of an Indian Tribe; and
            (3) is located within the State of South Dakota.
    (d) Map.--
            (1) In general.--The Secretary of the Army, in consultation 
        with the governing bodies of the Cheyenne River Sioux Tribe and 
        the Lower Brule Sioux Tribe, shall prepare a map of the land 
        transferred under this section.
            (2) Land.--The map shall identify--
                    (A) land reasonably expected to be required for 
                project purposes during the 20-year period beginning on 
                the date of enactment of this Act; and
                    (B) dams and related structures;
        which shall be retained by the Secretary.
            (3) Availability.--The map shall be on file in the 
        appropriate offices of the Secretary of the Army.
    (e) Schedule for Transfer.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary of the Army and the 
        Chairmen of the Cheyenne River Sioux Tribe and the Lower Brule 
        Sioux Tribe shall jointly develop a schedule for transferring 
        the land and recreation areas under this section.
            (2) Transfer deadline.--All land and recreation areas shall 
        be transferred not later than 1 year after the full 
        capitalization of the respective Trust Fund described in 
        section 204.
    (f) Transfer Conditions.--The land and recreation areas described 
in subsections (b) and (c) shall be transferred to, and held in trust 
by, the Secretary of the Interior on the following conditions:
            (1) Responsibility for damage.--The Secretary of the Army 
        shall not be responsible for any damage to the land caused by 
        flooding, sloughing, erosion, or other changes to the land 
        caused by the operation of any project of the Pick-Sloan 
        Missouri River Basin program (except as otherwise provided by 
        Federal law).
            (2) Jurisdiction.--Nothing in this title affects 
        jurisdiction over the land and waters below the exclusive flood 
        pool and within the external boundaries of the Cheyenne River 
        Sioux Tribe and Lower Brule Sioux Tribe reservations. 
        Jurisdiction over the land and waters shall continue in 
        accordance with the Flood Control Act of 1944 (33 U.S.C. 701-1 
        et seq.). Jurisdiction over the land transferred under this 
        section shall be the same as other land held in trust by the 
        Secretary of the Interior on the Cheyenne River Sioux Tribe 
        reservation and the Lower Brule Sioux Tribe reservation.
            (3) Easements, rights-of-way, leases, and cost-sharing 
        agreements.--
                    (A) Maintenance.--The Secretary of the Interior 
                shall maintain all easements, rights-of-way, leases, 
                and cost-sharing agreements that are in effect as of 
                the date of the transfer.
                    (B) Payments to county.--The Secretary of the 
                Interior shall pay any affected county 100 percent of 
                the receipts from the easements, rights-of-way, leases, 
                and cost-sharing agreements described in subparagraph 
                (A).

SEC. 207. ADMINISTRATION.

    (a) In General.--Nothing in this title diminishes or affects--
            (1) any water right of an Indian Tribe;
            (2) any other right of an Indian Tribe, except as 
        specifically provided in another provision of this title;
            (3) any valid, existing treaty right that is in effect on 
        the date of enactment of this Act;
            (4) any external boundary of an Indian reservation of an 
        Indian Tribe;
            (5) any authority of the State of South Dakota that relates 
        to the protection, regulation, or management of fish, 
        terrestrial wildlife, and cultural and archaeological 
        resources, except as specifically provided in this title; or
            (6) any authority of the Secretary, the Secretary of the 
        Interior, or the head of any other Federal agency under a law 
        in effect on the date of enactment of this Act, including--
                    (A) the National Historic Preservation Act (16 
                U.S.C. 470 et seq.);
                    (B) the Archaeological Resources Protection Act of 
                1979 (16 U.S.C. 470aa et seq.);
                    (C) the Fish and Wildlife Coordination Act (16 
                U.S.C. 661 et seq.);
                    (D) the Act entitled ``An Act for the protection of 
                the bald eagle'', approved June 8, 1940 (16 U.S.C. 668 
                et seq.);
                    (E) the Migratory Bird Treaty Act (16 U.S.C. 703 et 
                seq.);
                    (F) the Endangered Species Act of 1973 (16 U.S.C. 
                1531 et seq.);
                    (G) the Native American Graves Protection and 
                Repatriation Act (25 U.S.C. 3001 et seq.);
                    (H) the Federal Water Pollution Control Act 
                (commonly known as the ``Clean Water Act'') (33 U.S.C. 
                1251 et seq.);
                    (I) the Safe Drinking Water Act (42 U.S.C. 300f et 
                seq.); and
                    (J) the National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.).
    (b) Power Rates.--No payment made under this title shall affect any 
power rate under the Pick-Sloan Missouri River Basin program.
    (c) Federal Liability for Damage.--Nothing in this Act shall 
relieve the Federal Government of liability for damage to private land 
caused by the operation of the Pick-Sloan Missouri River Basin program.
    (d) Flood Control.--Notwithstanding any provision of this title, 
the Secretary shall retain the authority to operate the Pick-Sloan 
Missouri River Basin program for purposes of meeting the requirements 
of the Flood Control Act of 1944 (33 U.S.C. 701-1 et seq.).

SEC. 208. AUTHORIZATION OF APPROPRIATIONS.

    (a) Secretary.--There are authorized to be appropriated to the 
Secretary such sums as are necessary--
            (1) to pay the administrative expenses incurred by the 
        Secretary in carrying out this title; and
            (2) to fund the implementation of terrestrial wildlife 
        habitat restoration plans under section 202(a).
    (b) Secretary of the Interior.--There are authorized to be 
appropriated to the Secretary of the Interior such sums as are 
necessary to pay the administrative expenses incurred by the Secretary 
of the Interior in carrying out this title.
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