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

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
105th CONGRESS
  2d Session
                                S. 2131

_______________________________________________________________________

                                 AN ACT

 
 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,

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. Definition.
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 authority.
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. Small flood control projects.
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 Floodway Ditch.
Sec. 132. Caloosahatchee River basin, Florida.
Sec. 133. Cumberland, Maryland, flood project mitigation.
Sec. 134. Sediments decontamination policy.
Sec. 135. City of Miami Beach, Florida.
Sec. 136. Small storm damage reduction projects.
Sec. 137. Sardis Reservoir, Oklahoma.
Sec. 138. Upper Mississippi River and Illinois waterway system 
                            navigation modernization.
Sec. 139. Disposal of dredged material on beaches.
Sec. 140. Fish and wildlife mitigation.
Sec. 141. Upper Mississippi River management.
Sec. 142. Reimbursement of non-Federal interest.
Sec. 143. Research and development program for Columbia and Snake 
                            Rivers salmon survival.
Sec. 144. Nine Mile Run habitat restoration, Pennsylvania.
Sec. 145. Shore damage prevention or mitigation.
Sec. 146. Larkspur Ferry Channel, California.
Sec. 147. Comprehensive Flood Impact-Response Modeling System.
Sec. 148. Study regarding innovative financing for small and medium-
                            sized ports.
Sec. 149. Candy Lake project, Osage County, Oklahoma.
Sec. 150. Salcha River and Piledriver Slough, Fairbanks, Alaska.
Sec. 151. Eyak River, Cordova, Alaska.
Sec. 152. North Padre Island storm damage reduction and environmental 
                            restoration project.
Sec. 153. Kanopolis Lake, Kansas.
Sec. 154. New York City watershed.
Sec. 155. City of Charlevoix reimbursement, Michigan.
Sec. 156. Hamilton Dam flood control project, Michigan.
Sec. 157. National Contaminated Sediment Task Force.
Sec. 158. Great Lakes basin program.
Sec. 159. Projects for improvement of the environment.
Sec. 160. Water quality, environmental quality, recreation, fish and 
                            wildlife, flood control, and navigation.
Sec. 161. Irrigation diversion protection and fisheries enhancement 
                            assistance.
  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. Study.
Sec. 209. Authorization of appropriations.

                  TITLE I--WATER RESOURCES DEVELOPMENT

SEC. 101. DEFINITION.

    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) Rio salado (salt river), arizona.--The project for 
        environmental restoration, Rio Salado (Salt River), Arizona: 
        Report of the Chief of Engineers, dated August 20, 1998, at a 
        total cost of $85,900,000, with an estimated Federal cost of 
        $54,980,000 and an estimated non-Federal cost of $30,920,000.
            (2) 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) shall be undertaken after 
                        completion of the levee stabilization and 
                        strengthening and flood warning features 
                        authorized by 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 the modifications to the 
                        Folsom Dam and Reservoir with the full 
                        participation of the Secretary of the Interior.
                            (iii) Remaining downstream elements.--
                                    (I) In general.--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 clause (ii), 
                                and has issued a report on the review.
                                    (II) Principles and guidelines.--
                                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.
            (3) Llagas creek, california.--The project for completion 
        of the remaining reaches of the Natural Resources Conservation 
        Service 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.
            (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 dated August 
        18, 1998, 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) 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, Report of the Chief of Engineers dated August 
                17, 1998, 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.
            (6) 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.
            (7) Indian river county, florida.--Notwithstanding section 
        1001(a) of the Water Resources Development Act of 1986 (33 
        U.S.C. 579a(a)), the project for shoreline protection, Indian 
        River County, Florida, authorized by section 501(a) of that Act 
        (100 Stat. 4134), shall remain authorized for construction 
        through December 31, 2002.
            (8) Lido key beach, sarasota, florida.--
                    (A) In general.--The project for shore protection 
                at Lido Key Beach, Sarasota, Florida, authorized by 
                section 101 of the River and Harbor Act of 1970 (84 
                Stat. 1819) and deauthorized by operation of section 
                1001(b) of the Water Resources Development Act of 1986 
                (33 U.S.C. 579a(b)), is authorized to be carried out by 
                the Secretary at a total cost of $5,200,000, with an 
                estimated Federal cost of $3,380,000 and an estimated 
                non-Federal cost of $1,820,000.
                    (B) Periodic nourishment.--Periodic nourishment is 
                authorized for a 50-year period at an estimated average 
                annual cost of $602,000, with an estimated annual 
                Federal cost of $391,000 and an estimated annual non-
                Federal cost of $211,000.
            (9) 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.
            (10) 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 $18,510,000 and 
        an estimated non-Federal cost of $9,182,000.
            (11) 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.
            (12) 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), 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) Nome harbor improvements, alaska.--The project for 
        navigation, Nome Harbor Improvements, Alaska, at a total cost 
        of $24,280,000, with an estimated first Federal cost of 
        $19,162,000 and an estimated first non-Federal cost of 
        $5,118,000.
            (2) Sand point harbor, alaska.--The project for navigation, 
        Sand Point Harbor, Alaska, at a total cost of $11,463,000, with 
        an estimated Federal cost of $6,718,000 and an estimated first 
        non-Federal cost of $4,745,000.
            (3) Seward harbor, alaska.--The project for navigation, 
        Seward Harbor, Alaska, at a total cost of $11,930,000, with an 
        estimated first Federal cost of $3,816,000 and an estimated 
        first non-Federal cost of $8,114,000.
            (4) Hamilton airfield wetland restoration, california.--The 
        project for environmental restoration at Hamilton Airfield, 
        California, at a total cost of $55,100,000, with an estimated 
        Federal cost of $41,300,000 and an estimated non-Federal cost 
        of $13,800,000.
            (5) Oakland, california.--
                    (A) In general.--The project for navigation and 
                environmental restoration, Oakland, California, at a 
                total cost of $214,900,000, with an estimated Federal 
                cost of $128,600,000 and an estimated non-Federal cost 
                of $86,300,000.
                    (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 
                $38,200,000.
            (6) 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 $65,410,000, with an estimated Federal cost of 
        $39,104,000 and an estimated non-Federal cost of $26,306,000.
            (7) 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.
            (8) 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.
            (9) 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 
                $757,000.
                    (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 $48,000.
            (10) 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 
                $7,733,000.
                    (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.
            (11) 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.
            (12) 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.
            (13) 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.
            (14) 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.
            (15) 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.
            (16) Savannah harbor expansion, georgia.--
                    (A) In general.--Subject to subparagraph (B), the 
                Secretary may carry out the project for navigation, 
                Savannah Harbor expansion, Georgia, substantially in 
                accordance with the plans, and subject to the 
                conditions, recommended in a final report of the Chief 
                of Engineers, with such modifications as the Secretary 
                deems appropriate, at a total cost of $223,887,000 (of 
                which amount a portion is authorized for implementation 
                of the mitigation plan), with an estimated Federal cost 
                of $141,482,000 and an estimated non-Federal cost of 
                $82,405,000, if the final report of the Chief of 
                Engineers is completed by December 31, 1998.
                    (B) Conditions.--The project authorized by 
                subparagraph (A) may be carried out only after--
                            (i) the Secretary, in consultation with 
                        affected Federal, State, regional, and local 
                        entities, has reviewed and approved an 
                        Environmental Impact Statement that includes--
                                    (I) an analysis of the impacts of 
                                project depth alternatives ranging from 
                                42 feet through 48 feet; and
                                    (II) a selected plan for navigation 
                                and associated mitigation plan as 
                                required by section 906(a) of the Water 
                                Resources Development Act of 1986 (33 
                                U.S.C. 2283); and
                            (ii) the Secretary of the Interior, the 
                        Secretary of Commerce, and the Administrator of 
                        the Environmental Protection Agency, with the 
                        Secretary, have approved the selected plan and 
                        have determined that the mitigation plan 
                        adequately addresses the potential 
                        environmental impacts of the project.
                    (C) Mitigation requirements.--The mitigation plan 
                shall be implemented in advance of or concurrently with 
                construction of the project.
            (17) 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 $307,750,000, with an estimated 
        Federal cost of $154,360,000 and an estimated non-Federal cost 
        of $153,390,000.
            (18) 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 $3,705,000 and an estimated non-Federal cost of $1,995,000.
            (19) 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 $43,288,000 with an estimated Federal cost of 
        $28,840,000 and an estimated non-Federal cost of $17,448,000.
            (20) 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.
            (21) 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 $454,000, with an estimated annual 
                Federal cost of $295,000 and an estimated annual non-
                Federal cost of $159,000.
            (22) 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 
                $55,204,000, with an estimated Federal cost of 
                $35,883,000 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.
            (23) Memphis harbor, memphis, tennessee.--
                    (A) In general.--Subject to subparagraph (B), the 
                project for navigation, Memphis Harbor, Memphis, 
                Tennessee, authorized by section 601(a) of the Water 
                Resources Development Act of 1986 (100 Stat. 4145) and 
                deauthorized under section 1001(a) of that Act (33 
                U.S.C. 579a(a)) is authorized to be carried out by the 
                Secretary.
                    (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.
            (24) Metro center levee, cumberland river, nashville, 
        tennessee.--The project for flood damage reduction and 
        recreation, Metro Certer Levee, Cumberland River, Nashville, 
        Tennessee, at a total cost of $5,931,000, with an estimated 
        Federal cost of $3,753,000 and an estimated non-Federal cost of 
        $2,178,000.
            (25) Howard hanson dam, washington.--The project for water 
        supply and ecosystem restoration, Howard Hanson Dam, 
        Washington, at a total cost of $74,908,000, with an estimated 
        Federal cost of $36,284,000 and an estimated non-Federal cost 
        of $38,624,000.

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 the 
        floods of the Mississippi River and of the Sacramento River, 
        California, 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 the Water Resources Development Act of 1996 (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(b)(13) of the 
        Water Resources Development Act of 1996 (110 Stat. 3668) is 
        amended to authorize the Secretary to reimburse the non-Federal 
        interests 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 the first section of 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 $32,600,000, with an 
        estimated Federal cost of $24,500,000 and an estimated non-
        Federal cost of $8,100,000.
            (2) Thornton reservoir, cook county, illinois.--
                    (A) In general.--The Thornton Reservoir project, an 
                element of the project for flood control, Chicagoland 
                Underflow Plan, Illinois, authorized by section 3(a)(5) 
                of the Water Resources Development Act of 1988 (102 
                Stat. 4013), is modified to authorize the Secretary to 
                include additional permanent flood control storage 
                attributable to the Thorn Creek Reservoir project, 
                Little Calumet River Watershed, Illinois, approved 
                under the Watershed Protection and Flood Prevention Act 
                (16 U.S.C. 1001 et seq.).
                    (B) Cost sharing.--Costs for the Thornton Reservoir 
                project shall be shared in accordance with section 103 
                of the Water Resources Development Act of 1986 (33 
                U.S.C. 2213).
                    (C) Transitional storage.--The Secretary of 
                Agriculture may cooperate with non-Federal interests to 
                provide, on a transitional basis, flood control storage 
                for the Thorn Creek Reservoir project in the west lobe 
                of the Thornton quarry.
                    (D) Crediting.--The Secretary may credit against 
                the non-Federal share of the Thornton Reservoir project 
                all design and construction costs incurred by the non-
                Federal interests before the date of enactment of this 
                Act.
                    (E) Reevaluation report.--The Secretary shall 
                determine the credits authorized by subparagraph (D) 
                that are integral to the Thornton Reservoir project and 
                the current total project costs based on a limited 
                reevaluation report.
            (3) Wells harbor, wells, maine.--
                    (A) In general.--The project for navigation, Wells 
                Harbor, Maine, authorized by section 101 of the River 
                and Harbor Act of 1960 (74 Stat. 480), is modified to 
                authorize the Secretary to realign the channel and 
                anchorage areas based on a harbor design capacity of 
                150 craft.
                    (B) Deauthorization of certain portions.--The 
                following portions of the project are not authorized 
                after the date of enactment of this Act:
                            (i) The portion of the 6-foot channel the 
                        boundaries of which begin at a point with 
                        coordinates N177,992.00, E394,831.00, thence 
                        running south 83 degrees 58 minutes 14.8 
                        seconds west 10.38 feet to a point N177,990.91, 
                        E394,820.68, thence running south 11 degrees 46 
                        minutes 47.7 seconds west 991.76 feet to a 
                        point N177,020.04, E394,618.21, thence running 
                        south 78 degrees 13 minutes 45.7 seconds east 
                        10.00 feet to a point N177,018.00, E394,628.00, 
                        thence running north 11 degrees 46 minutes 22.8 
                        seconds east 994.93 feet to the point of 
                        origin.
                            (ii) The portion of the 6-foot anchorage 
                        the boundaries of which begin at a point with 
                        coordinates N177,778.07, E394,336.96, thence 
                        running south 51 degrees 58 minutes 32.7 
                        seconds west 15.49 feet to a point N177,768.53, 
                        E394,324.76, thence running south 11 degrees 46 
                        minutes 26.5 seconds west 672.87 feet to a 
                        point N177,109.82, E394,187.46, thence running 
                        south 78 degrees 13 minutes 45.7 seconds east 
                        10.00 feet to a point N177,107.78, E394,197.25, 
                        thence running north 11 degrees 46 minutes 25.4 
                        seconds east 684.70 feet to the point of 
                        origin.
                            (iii) The portion of the 10-foot settling 
                        basin the boundaries of which begin at a point 
                        with coordinates N177,107.78, E394,197.25, 
                        thence running north 78 degrees 13 minutes 45.7 
                        seconds west 10.00 feet to a point N177,109.82, 
                        E394,187.46, thence running south 11 degrees 46 
                        minutes 15.7 seconds west 300.00 feet to a 
                        point N176,816.13, E394,126.26, thence running 
                        south 78 degrees 12 minutes 21.4 seconds east 
                        9.98 feet to a point N176,814.09, E394,136.03, 
                        thence running north 11 degrees 46 minutes 29.1 
                        seconds east 300.00 feet to the point of 
                        origin.
                            (iv) The portion of the 10-foot settling 
                        basin the boundaries of which begin at a point 
                        with coordinates N177,018.00, E394,628.00, 
                        thence running north 78 degrees 13 minutes 45.7 
                        seconds west 10.00 feet to a point N177,020.04, 
                        E394,618.21, thence running south 11 degrees 46 
                        minutes 44.0 seconds west 300.00 feet to a 
                        point N176,726.36, E394,556.97, thence running 
                        south 78 degrees 12 minutes 30.3 seconds east 
                        10.03 feet to a point N176,724.31, E394,566.79, 
                        thence running north 11 degrees 46 minutes 22.4 
                        seconds east 300.00 feet to the point of 
                        origin.
                    (C) Redesignations.--The following portions of the 
                project shall be redesignated as part of the 6-foot 
                anchorage:
                            (i) The portion of the 6-foot channel the 
                        boundaries of which begin at a point with 
                        coordinates N177,990.91, E394,820.68, thence 
                        running south 83 degrees 58 minutes 40.8 
                        seconds west 94.65 feet to a point N177,980.98, 
                        E394,726.55, thence running south 11 degrees 46 
                        minutes 22.4 seconds west 962.83 feet to a 
                        point N177,038.40, E394,530.10, thence running 
                        south 78 degrees 13 minutes 45.7 seconds east 
                        90.00 feet to a point N177,020.04, E394,618.21, 
                        thence running north 11 degrees 46 minutes 47.7 
                        seconds east 991.76 feet to the point of 
                        origin.
                            (ii) The portion of the 10-foot inner 
                        harbor settling basin the boundaries of which 
                        begin at a point with coordinates N177,020.04, 
                        E394,618.21, thence running north 78 degrees 13 
                        minutes 30.5 seconds west 160.00 feet to a 
                        point N177,052.69, E394,461.58, thence running 
                        south 11 degrees 46 minutes 45.4 seconds west 
                        299.99 feet to a point N176,759.02, 
                        E394,400.34, thence running south 78 degrees 13 
                        minutes 17.9 seconds east 160 feet to a point 
                        N176,726.36, E394,556.97, thence running north 
                        11 degrees 46 minutes 44.0 seconds east 300.00 
                        feet to the point of origin.
                            (iii) The portion of the 6-foot anchorage 
                        the boundaries of which begin at a point with 
                        coordinates N178,102.26, E394,751.83, thence 
                        running south 51 degrees 59 minutes 42.1 
                        seconds west 526.51 feet to a point 
                        N177,778.07, E394,336.96, thence running south 
                        11 degrees 46 minutes 26.6 seconds west 511.83 
                        feet to a point N177,277.01, E394,232.52, 
                        thence running south 78 degrees 13 minutes 17.9 
                        seconds east 80.00 feet to a point N177,260.68, 
                        E394,310.84, thence running north 11 degrees 46 
                        minutes 24.8 seconds east 482.54 feet to a 
                        point N177,733.07, E394,409.30, thence running 
                        north 51 degrees 59 minutes 41.0 seconds east 
                        402.63 feet to a point N177,980.98, 
                        E394,726.55, thence running north 11 degrees 46 
                        minutes 27.6 seconds east 123.89 feet to the 
                        point of origin.
                    (D) Realignment.--The 6-foot anchorage area 
                described in subparagraph (C)(iii) shall be realigned 
                to include the area located south of the inner harbor 
                settling basin in existence on the date of enactment of 
                this Act beginning at a point with coordinates 
                N176,726.36, E394,556.97, thence running north 78 
                degrees 13 minutes 17.9 seconds west 160.00 feet to a 
                point N176,759.02, E394,400.34, thence running south 11 
                degrees 47 minutes 03.8 seconds west 45 feet to a point 
                N176,714.97, E394,391.15, thence running south 78 
                degrees 13 minutes 17.9 seconds 160.00 feet to a point 
                N176,682.31, E394,547.78, thence running north 11 
                degrees 47 minutes 03.8 seconds east 45 feet to the 
                point of origin.
                    (E) Relocation.--The Secretary may relocate the 
                settling basin feature of the project to the outer 
                harbor between the jetties.
            (4) 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.
            (5) Arthur kill, new york and new jersey.--
                    (A) In general.--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 
                $269,672,000, with an estimated Federal cost of 
                $178,400,000 and an estimated non-Federal cost of 
                $91,272,000.
                    (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 
                $37,936,000.
    (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) Rediversion Project, Cooper River, Charleston Harbor, South 
Carolina.--
            (1) In general.--The rediversion project, Cooper River, 
        Charleston Harbor, South Carolina, authorized by section 101 of 
        the River and Harbor Act of 1968 (82 Stat. 731) and modified by 
        title I of the Energy and Water Development Appropriations Act, 
        1992 (105 Stat. 517), is modified to authorize the Secretary to 
        pay the State of South Carolina not more than $3,750,000, if 
        the State enters into an agreement with the Secretary providing 
        that the State shall perform all future operation of the St. 
        Stephen, South Carolina, fish lift (including associated 
        studies to assess the efficacy of the fish lift).
            (2) Contents.--The agreement shall specify the terms and 
        conditions under which payment will be made and the rights of, 
        and remedies available to, the Secretary to recover all or a 
        portion of the payment if the State suspends or terminates 
        operation of the fish lift or fails to perform the operation in 
        a manner satisfactory to the Secretary.
            (3) Maintenance.--Maintenance of the fish lift shall remain 
        a Federal responsibility.
    (g) 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 for other purposes'' 
                approved December 22, 1944 (58 Stat. 891), 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 subparagraph (A) shall be kept in public 
                ownership and shall 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, State and local 
                        officials, and residents.
                    (E) Considerations.--The 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.
    (h) Trinity River and Tributaries, Texas.--The project for flood 
control and navigation, Trinity River and tributaries, Texas, 
authorized by section 301 of the River and Harbor Act of 1965 (79 Stat. 
1091), is modified to add environmental restoration as a project 
purpose.
    (i) 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.
    (j) 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.
    (k) Payment Option, Moorefield, West Virginia.--The Secretary may 
permit the non-Federal interests 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.
    (l) Miami Dade Agricultural and Rural Land Retention Plan and South 
Biscayne, Florida.--Section 528(b)(3) of the Water Resources 
Development Act of 1996 (110 Stat. 3768) is amended by adding at the 
end the following:
                    ``(D) Credit and reimbursement of past and future 
                activities.--The Secretary may afford credit to or 
                reimburse the non-Federal sponsors (using funds 
                authorized by subparagraph (C)) for the reasonable 
                costs of any work that has been performed or will be 
                performed in connection with a study or activity 
                meeting the requirements of subparagraph (A) if--
                            ``(i) the Secretary determines that--
                                    ``(I) the work performed by the 
                                non-Federal sponsors will substantially 
                                expedite completion of a critical 
                                restoration project; and
                                    ``(II) the work is necessary for a 
                                critical restoration project; and
                            ``(ii) the credit or reimbursement is 
                        granted pursuant to a project-specific 
                        agreement that prescribes the terms and 
                        conditions of the credit or reimbursement.''.
    (m) Lake Michigan, Illinois.--
            (1) In general.--The project for storm damage reduction and 
        shoreline protection, Lake Michigan, Illinois, from Wilmette, 
        Illinois, to the Illinois-Indiana State line, authorized by 
        section 101(a)(12) of the Water Resources Development Act of 
        1996 (110 Stat. 3664), is modified to provide for reimbursement 
        for additional project work undertaken by the non-Federal 
        interest.
            (2) Credit or reimbursement.--The Secretary shall credit or 
        reimburse the non-Federal interest for the Federal share of 
        project costs incurred by the non-Federal interest in 
        designing, constructing, or reconstructing reach 2F (700 feet 
        south of Fullerton Avenue and 500 feet north of Fullerton 
        Avenue), reach 3M (Meigs Field), and segments 7 and 8 of reach 
        4 (43rd Street to 57th Street), if the non-Federal interest 
        carries out the work in accordance with plans approved by the 
        Secretary, at an estimated total cost of $83,300,000.
            (3) Reimbursement.--The Secretary shall reimburse the non-
        Federal interest for the Federal share of project costs 
        incurred by the non-Federal interest in reconstructing the 
        revetment structures protecting Solidarity Drive in Chicago, 
        Illinois, before the signing of the project cooperation 
        agreement, at an estimated total cost of $7,600,000.
    (n) Measurements of Lake Michigan Diversions, Illinois.--Section 
1142(b) of the Water Resources Development Act of 1986 (100 Stat. 4253) 
is amended by striking ``$250,000 per fiscal year for each fiscal year 
beginning after September 30, 1986'' and inserting ``a total of 
$1,250,000 for each of fiscal years 1999 through 2003''.
    (o) Project for Navigation, Dubuque, Iowa.--The project for 
navigation at Dubuque, Iowa, authorized by section 101 of the River and 
Harbor Act of 1960 (74 Stat. 482), is modified to authorize the 
development of a wetland demonstration area of approximately 1.5 acres 
to be developed and operated by the Dubuque County Historical Society 
or a successor nonprofit organization.
    (p) Louisiana State Penitentiary Levee.--The Secretary may credit 
against the non-Federal share work performed in the project area of the 
Louisiana State Penitentiary Levee, Mississippi River, Louisiana, 
authorized by section 401(a) of the Water Resources Development Act of 
1986 (100 Stat. 4117).
    (q) Jackson County, Mississippi.--The project for environmental 
infrastructure, Jackson County, Mississippi, authorized by section 
219(c)(5) of the Water Resources Development Act of 1992 (106 Stat. 
4835) and modified by section 504 of the Water Resources Development 
Act of 1996 (110 Stat. 3757), is modified to direct the Secretary to 
provide a credit, not to exceed $5,000,000, against the non-Federal 
share of the cost of the project for the costs incurred by the Jackson 
County Board of Supervisors since February 8, 1994, in constructing the 
project, if the Secretary determines that such costs are for work that 
the Secretary determines was compatible with and integral to the 
project.
    (r) Richard B. Russell Dam and Lake, South Carolina.--
            (1) In general.--Except as otherwise provided in this 
        paragraph, the Secretary shall convey to the State of South 
        Carolina all right, title, and interest of the United States in 
        the parcels of land described in subparagraph (B) that are 
        currently being managed by the South Carolina Department of 
        Natural Resources for fish and wildlife mitigation purposes for 
        the Richard B. Russell Dam and Lake, South Carolina, project 
        authorized by the Flood Control Act of 1966 and modified by the 
        Water Resources Development Act of 1986.
            (2) Land description.--
                    (A) In general.--The parcels of land to be conveyed 
                are described in Exhibits A, F, and H of Army Lease No. 
                DACW21-1-93-0910 and associated supplemental agreements 
                or are designated in red in Exhibit A of Army License 
                No. DACW21-3-85-1904, excluding all designated parcels 
                in the license that are below elevation 346 feet mean 
                sea level or that are less than 300 feet measured 
                horizontally from the top of the power pool.
                    (B) Management of excluded parcels.--Management of 
                the excluded parcels shall continue in accordance with 
                the terms of Army License No. DACW21-3-85-1904 until 
                the Secretary and the State enter into an agreement 
                under subparagraph (F).
                    (C) Survey.--The exact acreage and legal 
                description of the land shall be determined by a survey 
                satisfactory to the Secretary, with the cost of the 
                survey borne by the State.
            (3) Costs of conveyance.--The State shall be responsible 
        for all costs, including real estate transaction and 
        environmental compliance costs, associated with the conveyance.
            (4) Perpetual status.--
                    (A) In general.--All land conveyed under this 
                paragraph shall be retained in public ownership and 
                shall be managed in perpetuity for fish and wildlife 
                mitigation purposes in accordance with a plan approved 
                by the Secretary.
                    (B) Reversion.--If any parcel of land is not 
                managed for fish and wildlife mitigation purposes in 
                accordance with such plan, title to the parcel shall 
                revert to the United States.
            (5) Additional terms and conditions.--The Secretary may 
        require such additional terms and conditions in connection with 
        the conveyance as the Secretary considers appropriate to 
        protect the interests of the United States.
            (6) Fish and wildlife mitigation agreement.--
                    (A) In general.--The Secretary may pay the State of 
                South Carolina not more than $4,850,000 subject to the 
                Secretary and the State entering into a binding 
                agreement for the State to manage for fish and wildlife 
                mitigation purposes in perpetuity the lands conveyed 
                under this paragraph and excluded parcels designated in 
                Exhibit A of Army License No. DACW21-3-85-1904.
                    (B) Failure of performance.--The agreement shall 
                specify the terms and conditions under which payment 
                will be made and the rights of, and remedies available 
                to, the Federal Government to recover all or a portion 
                of the payment if the State fails to manage any parcel 
                in a manner satisfactory to the Secretary.
    (s) Land Conveyance, Clarkston, Washington.--
            (1) In general.--The Secretary shall convey to the Port of 
        Clarkston, Washington, all right, title, and interest of the 
        United States in and to a portion of the land described in the 
        Department of the Army lease No. DACW68-1-97-22, consisting of 
        approximately 31 acres, the exact boundaries of which shall be 
        determined by the Secretary and the Port of Clarkston.
            (2) The Secretary may convey to the Port of Clarkston, 
        Washington, at fair market value as determined by the 
        Secretary, such additional land located in the vicinity of 
        Clarkston, Washington, as the Secretary determines to be excess 
        to the needs of the Columbia River Project and appropriate for 
        conveyance.
            (3) Terms and conditions.--The conveyances made under 
        subsections (a) and (b) shall be subject to such terms and 
        conditions as the Secretary determines to be necessary to 
        protect the interests of the United States, including a 
        requirement that the Port of Clarkston pay all administrative 
        costs associated with the conveyances, including the cost of 
        land surveys and appraisals and costs associated with 
        compliance with applicable environmental laws and regulations.
            (4) Use of land.--The Port of Clarkston shall be required 
        to pay the fair market value, as determined by the Secretary, 
        of any land conveyed pursuant to subsection (a) that is not 
        retained in public ownership or is used for other than public 
        park or recreation purposes, except that the Secretary shall 
        have a right of reverter to reclaim possession and title to any 
        such land.
    (t) White River, Indiana.--The project for flood control, 
Indianapolis on West Fork of the White River, Indiana, authorized by 
section 5 of the Act entitled ``An Act authorizing the construction of 
certain public works on rivers and harbors for flood control, and other 
purposes'', approved June 22, 1936 (49 Stat. 1586, chapter 688), as 
modified by section 323 of the Water Resources Development Act of 1996 
(110 Stat. 3716), is modified to authorize the Secretary to undertake 
the riverfront alterations described in the Central Indianapolis 
Waterfront Concept Plan, dated February 1994, for the Canal Development 
(Upper Canal feature) and the Beveridge Paper feature, at a total cost 
not to exceed $25,000,000, of which $12,500,000 is the estimated 
Federal cost and $12,500,000 is the estimated non-Federal cost, except 
that no such alterations may be undertaken unless the Secretary 
determines that the alterations authorized by this subsection, in 
combination with the alterations undertaken under section 323 of the 
Water Resources Development Act of 1996 (110 Stat. 3716), are 
economically justified.
    (u) Fox Point Hurricane Barrier, Providence, Rhode Island.--The 
project for hurricane-flood protection, Fox Point, Providence, Rhode 
Island, authorized by section 203 of the Flood Control Act of 1958 (72 
Stat. 306) is modified to direct the Secretary to undertake the 
necessary repairs to the barrier, as identified in the Condition Survey 
and Technical Assessment dated April 1998 with Supplement dated August 
1998, at a total cost of $3,000,000, with an estimated Federal cost of 
$1,950,000 and an estimated non-Federal cost of $1,050,000.

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 
area 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) Boothbay Harbor, Maine.--The project for navigation, Boothbay 
Harbor, Maine, authorized by the Act of July 25, 1912 (37 Stat. 201, 
chapter 253), is not authorized after the date of enactment of this 
Act.
    (d) 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) Caddo Levee, Red River Below Denison Dam, Arizona, Louisiana, 
Oklahoma, and Texas.--The Secretary shall conduct a study to determine 
the feasibility of undertaking a project for flood control, Caddo 
Levee, Red River Below Denison Dam, Arizona, Louisiana, Oklahoma, and 
Texas, including incorporating the existing levee, along Twelve Mile 
Bayou from its juncture with the existing Red River Below Denison Dam 
Levee approximately 26 miles upstream to its terminus at high ground in 
the vicinity of Black Bayou, Louisiana.
    (d) Fields Landing Channel, Humboldt Harbor, California.--The 
Secretary--
            (1) shall conduct a study for the project for navigation, 
        Fields Landing Channel, Humboldt Harbor and Bay, California, to 
        a depth of minus 35 feet (MLLW), and for that purpose may use 
        any feasibility report prepared by the non-Federal sponsor 
        under section 203 of the Water Resources Development Act of 
        1986 (33 U.S.C. 2231) for which reimbursement of the Federal 
        share of the study is authorized subject to the availability of 
        appropriations; and
            (2) may carry out the project under section 107 of the 
        River and Harbor Act of 1960 (33 U.S.C. 577), if the Secretary 
        determines that the project is feasible.
    (e) Strawberry Creek, Berkeley, California.--The Secretary shall 
conduct a study to determine the feasibility of restoring Strawberry 
Creek, Berkeley, California, and the Federal interest in environmental 
restoration, conservation of fish and wildlife resources, recreation, 
and water quality.
    (f) 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.
    (g) 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 that reduce the requirements for such 
        dredging.
    (h) 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.
    (i) 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.
    (j) 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 interests.
    (k) 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.
    (l) 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 interests.
    (m) 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.
    (n) Saint Joseph River, South Bend, Indiana.--The Secretary shall 
conduct a study to determine the feasibility of undertaking erosion 
control, bank stabilization, and flood control along the Saint Joseph 
River, Indiana, including the South Bend Dam and the banks of the East 
Bank and Island Park.
    (o) Acadiana Navigation Channel, Louisiana.--The Secretary shall 
conduct a study to determine the feasibility of assuming operations and 
maintenance for the Acadiana Navigation Channel located in Iberia and 
Vermillion Parishes, Louisiana.
    (p) Cameron Parish West of Calcasieu River, Louisiana.--The 
Secretary shall conduct a study to determine the feasibility of a storm 
damage reduction and ecosystem restoration project for Cameron Parish 
west of Calcasieu River, Louisiana.
    (q) Beneficial Use of Dredged Material, Coastal Louisiana.--The 
Secretary shall conduct a study to determine the feasibility of using 
dredged material from maintenance activities at Federal navigation 
projects in coastal Louisiana to benefit coastal areas in the State.
    (r) 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.
    (s) 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, Louisiana.
    (t) 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 that area.
    (u) 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.
    (v) 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).
    (w) Louisiana State Penitentiary Levee.--The Secretary shall 
conduct a study of the impacts of crediting the non-Federal interests 
for work performed in the project area of the Louisiana State 
Penitentiary Levee.
    (x) Detroit River, Michigan, Greenway Corridor Study.--
            (1) In general.--The Secretary shall conduct a study to 
        determine the feasibility of a project for shoreline 
        protection, frontal erosion, and associated purposes in the 
        Detroit River shoreline area from the Belle Isle Bridge to the 
        Ambassador Bridge in Detroit, Michigan.
            (2) Potential modifications.--As a part of the study, the 
        Secretary shall review potential project modifications to any 
        existing Corps projects within the same area.
    (y) St. Clair Shores Flood Control, Michigan.--The Secretary shall 
conduct a study to determine the feasibility of constructing a flood 
control project at St. Clair Shores, Michigan.
    (z) 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.
    (aa) 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 
        shall--
                    (A) 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.
    (bb) 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 Resources Conservation Service and with the full 
        participation of the State of Montana and 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.
    (cc) 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.
    (dd) 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.
    (ee) 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.
    (ff) 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 restoration study.--The Secretary, acting 
        through the Chief of Engineers, shall review the report 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 the Federal interest 
        in advancing harbor environmental restoration.
            (3) Report.--The Secretary may use funds from the ongoing 
        navigation study for New York and New Jersey Harbor to complete 
        a reconnaissance report for environmental restoration by 
        December 31, 1999. The navigation study to deepen New York and 
        New Jersey Harbor shall consider beneficial use of dredged 
        material.
    (gg) Bank Stabilization, Missouri River, North Dakota.--
            (1) Study.--
                    (A) In general.--The Secretary shall conduct a 
                study to determine the feasibility of bank 
                stabilization on the Missouri River between the 
                Garrison Dam and Lake Oahe in North Dakota.
                    (B) Elements.--In conducting the study, the 
                Secretary shall study--
                            (i) options for stabilizing the erosion 
                        sites on the banks of the Missouri River 
                        between the Garrison Dam and Lake Oahe 
                        identified in the report developed by the North 
                        Dakota State Water Commission, dated December 
                        1997, including stabilization through 
                        nontraditional measures;
                            (ii) the cumulative impact of bank 
                        stabilization measures between the Garrison Dam 
                        and Lake Oahe on fish and wildlife habitat and 
                        the potential impact of additional 
                        stabilization measures, including the impact of 
                        nontraditional stabilization measures;
                            (iii) the current and future effects, 
                        including economic and fish and wildlife 
                        habitat effects, that bank erosion is having on 
                        creating the delta at the beginning of Lake 
                        Oahe; and
                            (iv) the impact of taking no additional 
                        measures to stabilize the banks of the Missouri 
                        River between the Garrison Dam and Lake Oahe.
                    (C) Interested parties.--In conducting the study, 
                the Secretary shall, to the maximum extent practicable, 
                seek the participation and views of interested Federal, 
                State, and local agencies, landowners, conservation 
                organizations, and other persons.
                    (D) Report.--
                            (i) In general.--The Secretary shall report 
                        to Congress on the results of the study not 
                        later than 1 year after the date of enactment 
                        of this Act.
                            (ii) Status.--If the Secretary cannot 
                        complete the study and report to Congress by 
                        the day that is 1 year after the date of 
                        enactment of this Act, the Secretary shall, by 
                        that day, report to Congress on the status of 
                        the study and report, including an estimate of 
                        the date of completion.
            (2) Effect on existing projects.--This subsection does not 
        preclude the Secretary from establishing or carrying out a 
        stabilization project that is authorized by law.
    (hh) Santee Delta Wetland Habitat, South Carolina.--Not later than 
18 months after the date of enactment of this Act, the Secretary shall 
complete a comprehensive study of the ecosystem in the Santee Delta 
focus area of South Carolina to determine the feasibility of 
undertaking measures to enhance the wetland habitat in the area.
    (ii) Waccamaw River, South Carolina.--The Secretary shall conduct a 
study to determine the feasibility of a flood control project for the 
Waccamaw River in Horry County, South Carolina.
    (jj) Upper Susquehanna-Lackawanna, Pennsylvania, Watershed 
Management and Restoration Study.--
            (1) In general.--The Secretary shall conduct a study to 
        determine the feasibility of a comprehensive flood plain 
        management and watershed restoration project for the Upper 
        Susquehanna-Lackawanna Watershed, Pennsylvania.
            (2) Geographic information system.--In conducting the 
        study, the Secretary shall use a geographic information system.
            (3) Plans.--The study shall formulate plans for 
        comprehensive flood plain management and environmental 
        restoration.
            (4) Crediting.--Non-Federal interests may receive credit 
        for in-kind services and materials that contribute to the 
        study. The Secretary may credit non-Corps Federal assistance 
        provided to the non-Federal interest toward the non-Federal 
        share of study costs to the maximum extent authorized by law.
    (kk) 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.
    (ll) Santa Clara River, Utah.--
            (1) In general.--The Secretary shall conduct a study to 
        determine the feasibility of undertaking measures to alleviate 
        damage caused by flooding, bank erosion, and sedimentation 
        along the watershed of the Santa Clara River, Utah, above the 
        Gunlock Reservoir.
            (2) Contents.--The study shall include an analysis of 
        watershed conditions and water quality, as related to flooding 
        and bank erosion, along the Santa Clara River in the vicinity 
        of the town of Gunlock, Utah.
    (mm) City of Ocean Shores Shore Protection Project, Washington.--
The Secretary shall conduct a study to determine the feasibility of 
undertaking a project for beach erosion and flood control, including 
relocation of a primary dune and periodic nourishment, at Ocean Shores, 
Washington.
    (nn) Agat Small Boat Harbor, Guam.--The Secretary shall conduct a 
study to determine the feasibility of undertaking the repair and 
reconstruction of Agat Small Boat Harbor, Guam, including the repair of 
existing shore protection measures and construction or a revetment of 
the breakwater seawall.
    (oo) Apra Harbor Seawall, Guam.--The Secretary shall conduct a 
study to determine the feasibility of undertaking measures to repair, 
upgrade, and extend the seawall protecting Apra Harbor, Guam, and to 
ensure continued access to the harbor via Route 11B.
    (pp) Apra Harbor Fuel Piers, Guam.--The Secretary shall conduct a 
study to determine the feasibility of undertaking measures to upgrade 
the piers and fuel transmission lines at the fuel piers in the Apra 
Harbor, Guam, and measures to provide for erosion control and 
protection against storm damage.
    (qq) Maintenance Dredging of Harbor Piers, Guam.--The Secretary 
shall conduct a study to determine the feasibility of Federal 
maintenance of areas adjacent to piers at harbors in Guam, including 
Apra Harbor, Agat Harbor, and Agana Marina.
    (rr) 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 2020, making use of such State, 
regional, and local plans, studies, and reports as are 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 carry out 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 the program 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) Studies.--The cost of studies conducted under 
        subsection (a) shall be shared in accordance with section 105 
        of the Water Resources Development Act of 1986 (33 Stat. 2215).
            (2) Projects.--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. 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 section.
    (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 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 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) Le May, 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 (33 
U.S.C. 2213(d)) is amended--
            (1) by striking ``Costs of constructing'' and inserting the 
        following:
            ``(1) Construction.--Costs of constructing''; 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 AUTHORITY.

    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.

    Section 206(b) of the Flood Control Act of 1960 (33 U.S.C. 709a(b)) 
is amended in the third sentence 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 (33 
U.S.C. 2330(c)) 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), 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. 112. BENEFICIAL USES OF DREDGED MATERIAL.

    Section 204 of the Water Resources Development Act of 1992 (33 
U.S.C. 2326) 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), 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 Act of June 22, 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.
    (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 
and the activities described in subsection (b), 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 in the 
second sentence 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 Interests at Sandbridge Beach, Virginia 
Beach, Virginia.--Any amounts paid by the non-Federal interests 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;
            (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.''; 
and
            (4) in the first sentence of subsection (e) (as 
        redesignated by paragraph (2)), by striking ``(b)'' and 
        inserting ``(d)''.

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 by adding at the end the following:
            ``(19) Lake tahoe, california and nevada.--Regional water 
        system for Lake Tahoe, California and Nevada.
            ``(20) Lancaster, california.--Fox Field Industrial 
        Corridor water facilities, Lancaster, California.
            ``(21) San ramon, california.--San Ramon Valley recycled 
        water project, San Ramon, California.''.

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

    Section 503 of the Water Resources Development Act of 1996 (110 
Stat. 3756) is amended--
            (1) in subsection (d)--
                    (A) by striking paragraph (10) and inserting the 
                following:
            ``(10) Regional Atlanta Watershed, Atlanta, Georgia, and 
        Lake Lanier of Forsyth and Hall Counties, Georgia.''; and
                    (B) 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.
            ``(22) Bronx River watershed, New York.
            ``(23) Catawba River watershed, North Carolina.'';
            (2) by redesignating subsection (e) as subsection (f); and
            (3) by inserting after subsection (d) the following:
    ``(e) Nonprofit Entities.--Notwithstanding section 221(b) of the 
Flood Control Act of 1970 (42 U.S.C. 1962d-5b(b)), for any project 
undertaken under this section, with the consent of the affected local 
government, a non-Federal interest may include a nonprofit entity.''.

SEC. 123. LAKES PROGRAM.

    Section 602(a) of the Water Resources Development Act of 1986 (100 
Stat. 4148) is amended--
            (1) in paragraph (15), by striking ``and'' at the end;
            (2) in paragraph (16), by striking the period at the end; 
        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) Flints Pond, Hollis, New Hampshire, removal of 
        excessive aquatic vegetation; and
            ``(19) 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 Federal cost of $5,000,000.''.

SEC. 126. SMALL FLOOD CONTROL PROJECTS.

    Section 102 of the Water Resources Development Act of 1996 (110 
Stat. 3668) is amended--
            (1) by redesignating paragraphs (15) through (22) as 
        paragraphs (16) through (23), respectively;
            (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.''; and
            (3) by adding at the end the following:
            ``(24) Irondequoit creek, new york.--Project for flood 
        control, Irondequoit Creek watershed, New York.
            ``(25) 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 Fortescue Inlet, Delaware Bay, New 
        Jersey.''.

SEC. 128. STREAMBANK PROTECTION PROJECTS.

    (a) Arctic Ocean, Barrow, Alaska.--The Secretary shall evaluate 
and, if justified under section 14 of the Flood Control Act of 1946 (33 
U.S.C. 701r), carry out storm damage reduction and coastal erosion 
measures at the town of Barrow, Alaska.
    (b) Saginaw River, Bay City, Michigan.--The Secretary may construct 
appropriate control structures in areas along the Saginaw River in the 
city of Bay City, Michigan, under authority of section 14 of the Flood 
Control Act of 1946 (33 Stat. 701s).
    (c) Yellowstone River, Billings, Montana.--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 (33 U.S.C. 701r).
    (d) Monongahela River, Point Marion, Pennsylvania.--The Secretary 
shall evaluate and, if justified under section 14 of the Flood Control 
Act of 1946 (33 U.S.C. 701r), carry out streambank erosion control 
measures along the Monongahela River at the borough of Point Marion, 
Pennsylvania.

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

    (a) In General.--Under section 1135 of the Water Resources 
Development Act of 1990 (33 Stat. 2309a) or other applicable authority, 
the Secretary shall conduct measures to address water quality, water 
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 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 FLOODWAY DITCH.

    (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 Floodway Ditch''.
    (b) Legal References.--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 Floodway Ditch.

SEC. 132. 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. 133. 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)--
            (1) may provide all or a portion of the non-Federal share 
        of project costs in the form of in-kind services; and
            (2) 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. 134. SEDIMENTS DECONTAMINATION POLICY.

    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. 135. 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. 136. 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. 137. 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 (a) 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. 138. 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 the waterway system 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. 139. 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. 140. 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. 141. 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, is 
                authorized to undertake--
                            ``(i) a program for the planning, 
                        construction, and evaluation of measures for 
                        fish and wildlife habitat rehabilitation and 
                        enhancement; and
                            ``(ii) implementation of a program of long-
                        term resource monitoring, computerized data 
                        inventory and analysis, and applied research.
                    ``(B) Requirements for projects.--Each project 
                carried out under subparagraph (A)(i) shall--
                            ``(i) to the maximum extent practicable, 
                        simulate natural river processes;
                            ``(ii) include an outreach and education 
                        component; and
                            ``(iii) on completion of the assessment 
                        under subparagraph (D), address identified 
                        habitat and natural resource needs.
                    ``(C) Advisory committee.--In carrying out 
                subparagraph (A), the Secretary shall create an 
                independent technical advisory committee to review 
                projects, monitoring plans, and habitat and natural 
                resource needs assessments.
                    ``(D) Habitat and natural resource needs 
                assessment.--
                            ``(i) Authority.--The Secretary is 
                        authorized to undertake a systemic, river 
                        reach, and pool scale assessment of habitat and 
                        natural resource needs to serve as a blueprint 
                        to guide habitat rehabilitation and long-term 
                        resource monitoring.
                            ``(ii) Data.--The habitat and natural 
                        resource needs assessment shall, to the maximum 
                        extent practicable, use data in existence at 
                        the time of the assessment.
                            ``(iii) Timing.--The Secretary shall 
                        complete a habitat and natural resource needs 
                        assessment not later than 3 years after the 
                        date of enactment of this subparagraph.
            ``(2) Reports.--On December 31, 2005, 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) includes results of a habitat and natural 
                resource needs assessment; and
                    ``(D) identifies any needed adjustments in the 
                authorization under paragraph (1) or the authorized 
                appropriations under paragraphs (3), (4), and (5).'';
                    (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) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out paragraph (1)(C) not to exceed 
        $350,000 for each of fiscal years 1999 through 2009.
            ``(6) Transfer of amounts.--
                    ``(A) In general.--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 clauses (i) and (ii) of paragraph 
                (1)(A) and paragraph (1)(C).
                    ``(B) Apportionment of costs.--In carrying out 
                paragraph (1)(D), the Secretary may apportion the costs 
                equally between the programs authorized by paragraph 
                (1)(A).''; and
                    (E) in paragraph (7)--
                            (i) in subparagraph (A)--
                                    (I) by inserting ``(i)'' after 
                                ``paragraph (1)(A)''; and
                                    (II) by inserting before the period 
                                at the end the following: ``and, in the 
                                case of any project requiring non-
                                Federal cost sharing, the non-Federal 
                                share of the cost of the project shall 
                                be 35 percent''; and
                            (ii) in subparagraph (B), by striking 
                        ``paragraphs (1)(B) and (1)(C) of this 
                        subsection'' and inserting ``paragraph 
                        (1)(A)(ii)'';
            (2) in subsection (f)(2)--
                    (A) in subparagraph (A), by striking ``(A)''; and
                    (B) by striking subparagraph (B); and
            (3) 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 the St. Louis, Missouri, area and surrounding 
communities.''.

SEC. 142. REIMBURSEMENT OF NON-FEDERAL INTEREST.

    Section 211(e)(2)(A) of the Water Resources Development Act of 1996 
(33 U.S.C. 701b-13(e)(2)(A)) is amended by striking ``subject to 
amounts being made available in advance in appropriations Acts'' and 
inserting ``subject to the availability of appropriations''.

SEC. 143. 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; Public Law 104-303) 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 section, the Secretary shall submit 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 the 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.''.

SEC. 144. NINE MILE RUN HABITAT RESTORATION, PENNSYLVANIA.

    The Secretary may credit against the non-Federal share such costs 
as are incurred by the non-Federal interests in preparing environmental 
and other preconstruction documentation for the habitat restoration 
project, Nine Mile Run, Pennsylvania, if the Secretary determines that 
the documentation is integral to the project.

SEC. 145. SHORE DAMAGE PREVENTION OR MITIGATION.

    Section 111 of the River and Harbor Act of 1968 (33 U.S.C. 426(i)) 
is amended--
            (1) in the first sentence, by striking ``The Secretary'' 
        and inserting ``(a) In General.--The Secretary'';
            (2) in the second sentence, by striking ``The costs'' and 
        inserting the following:
    ``(b) Cost Sharing.--The costs'';
            (3) in the third sentence--
                    (A) by striking ``No such'' and inserting the 
                following:
    ``(c) Requirement for Specific Authorization.--No such''; and
                    (B) by striking ``$2,000,000'' and inserting 
                ``$5,000,000''; and
            (4) by adding at the end the following:
    ``(d) Coordination.--The Secretary shall--
            ``(1) coordinate the implementation of the measures under 
        this section with other Federal and non-Federal shore 
        protection projects in the same geographic area; and
            ``(2) to the extent practicable, combine mitigation 
        projects with other shore protection projects in the same area 
        into a comprehensive regional project.''.

SEC. 146. LARKSPUR FERRY CHANNEL, CALIFORNIA.

    The Secretary shall work with the Secretary of Transportation on a 
proposed solution to carry out the project to maintain the Larkspur 
Ferry Channel, Larkspur, California, authorized by section 601(d) of 
the Water Resources Development Act of 1986 (100 Stat. 4148).

SEC. 147. COMPREHENSIVE FLOOD IMPACT-RESPONSE MODELING SYSTEM.

    (a) In General.--The Secretary may study and implement a 
Comprehensive Flood Impact-Response Modeling System for the Coralville 
Reservoir and the Iowa River watershed, Iowa.
    (b) Study.--The study shall include--
            (1) an evaluation of the combined hydrologic, geomorphic, 
        environmental, economic, social, and recreational impacts of 
        operating strategies within the watershed;
            (2) creation of an integrated, dynamic flood impact model; 
        and
            (3) the development of a rapid response system to be used 
        during flood and emergency situations.
    (c) Report to Congress.--Not later than 5 years after the date of 
enactment of this Act, the Secretary shall transmit a report to 
Congress on the results of the study and modeling system and such 
recommendations as the Secretary determines to be appropriate.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated a total of $2,250,000 to carry out this section.

SEC. 148. STUDY REGARDING INNOVATIVE FINANCING FOR SMALL AND MEDIUM-
              SIZED PORTS.

    (a) Study.--The Comptroller General of the United States shall 
conduct a study and analysis of various alternatives for innovative 
financing of future construction, operation, and maintenance of 
projects in small and medium-sized ports.
    (b) Report.--Not later than 270 days after the date of enactment of 
this Act, the Comptroller General shall submit to the Committee on 
Environment and Public Works of the Senate and Committee on 
Transportation and Infrastructure of the House of Representatives and 
the results of the study and any related legislative recommendations 
for consideration by Congress.

SEC. 149. CANDY LAKE PROJECT, OSAGE COUNTY, OKLAHOMA.

    (a) Definitions.--In this section:
            (1) Fair market value.--The term ``fair market value'' 
        means the amount for which a willing buyer would purchase and a 
        willing seller would sell a parcel of land, as determined by a 
        qualified, independent land appraiser.
            (2) Previous owner of land.--The term ``previous owner of 
        land'' means a person (including a corporation) that conveyed, 
        or a descendant of a deceased individual who conveyed, land to 
        the Army Corps of Engineers for use in the Candy Lake project 
        in Osage County, Oklahoma.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Army.
    (b) Land Conveyances.--
            (1) In general.--The Secretary shall convey, in accordance 
        with this section, all right, title, and interest of the United 
        States in and to the land acquired by the United States for the 
        Candy Lake project in Osage County, Oklahoma.
            (2) Previous owners of land.--
                    (A) In general.--The Secretary shall give a 
                previous owner of land first option to purchase the 
                land described in paragraph (1).
                    (B) Application.--
                            (i) In general.--A previous owner of land 
                        that desires to purchase the land described in 
                        paragraph (1) that was owned by the previous 
                        owner of land, or by the individual from whom 
                        the previous owner of land is descended, shall 
                        file an application to purchase the land with 
                        the Secretary not later than 180 days after the 
                        official date of notice to the previous owner 
                        of land under subsection (c).
                            (ii) First to file has first option.--If 
                        more than 1 application is filed for a parcel 
                        of land described in paragraph (1), first 
                        options to purchase the parcel of land shall be 
                        allotted in the order in which applications for 
                        the parcel of land were filed.
                    (C) Identification of previous owners of land.--As 
                soon as practicable after the date of enactment of this 
                Act, the Secretary shall, to the extent practicable, 
                identify each previous owner of land.
                    (D) Consideration.--Consideration for land conveyed 
                under this subsection shall be the fair market value of 
                the land.
            (3) Disposal.--Any land described in paragraph (1) for 
        which an application has not been filed under paragraph (2)(B) 
        within the applicable time period shall be disposed of in 
        accordance with law.
            (4) Extinguishment of Easements.--All flowage easements 
        acquired by the United States for use in the Candy Lake project 
        in Osage County, Oklahoma, are extinguished.
    (c) Notice.--
            (1) In general.--The Secretary shall notify--
                    (A) each person identified as a previous owner of 
                land under subsection (b)(2)(C), not later than 90 days 
                after identification, by United States mail; and
                    (B) the general public, not later than 90 days 
                after the date of enactment of this Act, by publication 
                in the Federal Register.
            (2) Contents of notice.--Notice under this subsection shall 
        include--
                    (A) a copy of this section;
                    (B) information sufficient to separately identify 
                each parcel of land subject to this section; and
                    (C) specification of the fair market value of each 
                parcel of land subject to this section.
            (3) Official date of notice.--The official date of notice 
        under this subsection shall be the later of--
                    (A) the date on which actual notice is mailed; or
                    (B) the date of publication of the notice in the 
                Federal Register.

SEC. 150. SALCHA RIVER AND PILEDRIVER SLOUGH, FAIRBANKS, ALASKA.

    The Secretary shall evaluate and, if justified under section 205 of 
the Flood Control Act of 1948 (33 U.S.C. 701s), carry out flood damage 
reduction measures along the lower Salcha River and on Piledriver 
Slough, from its headwaters at the mouth of the Salcha River to the 
Chena Lakes Flood Control Project, in the vicinity of Fairbanks, 
Alaska, to protect against surface water flooding.

SEC. 151. EYAK RIVER, CORDOVA, ALASKA.

    The Secretary shall evaluate and, if justified under section 205 of 
the Flood Control Act of 1948 (33 U.S.C. 701s), carry out flood damage 
reduction measures along the Eyak River at the town of Cordova, Alaska.

SEC. 152. NORTH PADRE ISLAND STORM DAMAGE REDUCTION AND ENVIRONMENTAL 
              RESTORATION PROJECT.

    The Secretary shall carry out a project for ecosystem restoration 
and storm damage reduction at North Padre Island, Corpus Christi Bay, 
Texas, at a total estimated cost of $30,000,000, with an estimated 
Federal cost of $19,500,000 and an estimated non-Federal cost of 
$10,500,000, if the Secretary finds that the work is technically sound, 
environmentally acceptable, and economically justified.

SEC. 153. KANOPOLIS LAKE, KANSAS.

    (a) Water Supply.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary, in cooperation with the 
        State of Kansas or another non-Federal interest, shall complete 
        a water supply reallocation study at the project for flood 
        control, Kanopolis Lake, Kansas, as a basis on which the 
        Secretary shall enter into negotiations with the State of 
        Kansas or another non-Federal interest for the terms and 
        conditions of a reallocation of the water supply.
            (2) Options.--The negotiations for storage reallocation 
        shall include the following options for evaluation by all 
        parties:
                    (A) Financial terms of storage reallocation.
                    (B) Protection of future Federal water releases 
                from Kanopolis Dam, consistent with State water law, to 
                ensure that the benefits expected from releases are 
                provided.
                    (C) Potential establishment of a water assurance 
                district consistent with other such districts 
                established by the State of Kansas.
                    (D) Protection of existing project purposes at 
                Kanopolis Dam to include flood control, recreation, and 
                fish and wildlife.
    (b) In-Kind Credit.--
            (1) In general.--The Secretary may negotiate a credit for a 
        portion of the financial repayment to the Federal Government 
        for work performed by the State of Kansas, or another non-
        Federal interest, on land adjacent or in close proximity to the 
        project, if the work provides a benefit to the project.
            (2) Work included.--The work for which credit may be 
        granted may include watershed protection and enhancement, 
        including wetland construction and ecosystem restoration.

SEC. 154. NEW YORK CITY WATERSHED.

    Section 552(d) of the Water Resources Development Act of 1996 (110 
Stat. 3780) is amended by striking ``for the project to be carried out 
with such assistance'' and inserting ``, or a public entity designated 
by the State director, to carry out the project with such assistance, 
subject to the project's meeting the certification requirement of 
subsection (c)(1)''.

SEC. 155. CITY OF CHARLEVOIX REIMBURSEMENT, MICHIGAN.

    The Secretary shall review and, if consistent with authorized 
project purposes, reimburse the city of Charlevoix, Michigan, for the 
Federal share of costs associated with construction of the new 
revetment connection to the Federal navigation project at Charlevoix 
Harbor, Michigan.

SEC. 156. HAMILTON DAM FLOOD CONTROL PROJECT, MICHIGAN.

    The Secretary may construct the Hamilton Dam flood control project, 
Michigan, under authority of section 205 of the Flood Control Act of 
1948 (33 U.S.C. 701s).

SEC. 157. NATIONAL CONTAMINATED SEDIMENT TASK FORCE.

    (a) Definition of Task Force.--In this section, the term ``Task 
Force'' means the National Contaminated Sediment Task Force established 
by section 502 of the National Contaminated Sediment Assessment and 
Management Act (33 U.S.C. 1271 note; Public Law 102-580).
    (b) Convening.--The Secretary and the Administrator shall convene 
the Task Force not later than 90 days after the date of enactment of 
this Act.
    (c) Reporting on Remedial Action.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Task Force shall submit to Congress 
        a report on the status of remedial actions at aquatic sites in 
        the areas described in paragraph (2).
            (2) Areas.--The report under paragraph (1) shall address 
        remedial actions in--
                    (A) areas of probable concern identified in the 
                survey of data regarding aquatic sediment quality 
                required by section 503(a) of the National Contaminated 
                Sediment Assessment and Management Act (33 U.S.C. 
                1271);
                    (B) areas of concern within the Great Lakes, as 
                identified under section 118(f) of the Federal Water 
                Pollution Control Act (33 U.S.C. 1268(f));
                    (C) estuaries of national significance identified 
                under section 320 of the Federal Water Pollution 
                Control Act (33 U.S.C. 1330);
                    (D) areas for which remedial action has been 
                authorized under any of the Water Resources Development 
                Acts; and
                    (E) as appropriate, any other areas where sediment 
                contamination is identified by the Task Force.
            (3) Activities.--Remedial actions subject to reporting 
        under this subsection include remedial actions under--
                    (A) the Comprehensive Environmental Response, 
                Compensation, and Liability Act of 1980 (42 U.S.C. 9601 
                et seq.) or other Federal or State law containing 
                environmental remediation authority;
                    (B) any of the Water Resources Development Acts;
                    (C) section 404 of the Federal Water Pollution 
                Control Act (33 U.S.C. 1344); or
                    (D) section 10 of the Act of March 3, 1899 (30 
                Stat. 1151, chapter 425).
            (4) Contents.--The report under paragraph (1) shall 
        provide, with respect to each remedial action described in the 
        report, a description of--
                    (A) the authorities and sources of funding for 
                conducting the remedial action;
                    (B) the nature and sources of the sediment 
                contamination, including volume and concentration, 
                where appropriate;
                    (C) the testing conducted to determine the nature 
                and extent of sediment contamination and to determine 
                whether the remedial action is necessary;
                    (D) the action levels or other factors used to 
                determine that the remedial action is necessary;
                    (E) the nature of the remedial action planned or 
                undertaken, including the levels of protection of 
                public health and the environment to be achieved by the 
                remedial action;
                    (F) the ultimate disposition of any material 
                dredged as part of the remedial action;
                    (G) the status of projects and the obstacles or 
                barriers to prompt conduct of the remedial action; and
                    (H) contacts and sources of further information 
                concerning the remedial action.

SEC. 158. GREAT LAKES BASIN PROGRAM.

    (a) Strategic Plans.--
            (1) In general.--Not later than 18 months after the date of 
        enactment of this Act, and every 2 years thereafter, the 
        Secretary shall report to Congress on a plan for programs of 
        the Army Corps of Engineers in the Great Lakes basin.
            (2) Contents.--The plan shall include details of the 
        projected environmental and navigational projects in the Great 
        Lakes basin, including--
                    (A) navigational maintenance and operations for 
                commercial and recreational vessels;
                    (B) environmental restoration activities;
                    (C) water level maintenance activities;
                    (D) technical and planning assistance to States and 
                remedial action planning committees;
                    (E) sediment transport analysis, sediment 
                management planning, and activities to support 
                prevention of excess sediment loadings;
                    (F) flood damage reduction and shoreline erosion 
                prevention;
                    (G) all other activities of the Army Corps of 
                Engineers; and
                    (H) an analysis of factors limiting use of programs 
                and authorities of the Army Corps of Engineers in 
                existence on the date of enactment of this Act in the 
                Great Lakes basin, including the need for new or 
                modified authorities.
    (b) Great Lakes Biohydrological Information.--
            (1) Inventory.--
                    (A) In general.--Not later than 90 days after the 
                date of enactment of this Act, the Secretary shall 
                request each Federal agency that may possess 
                information relevant to the Great Lakes biohydrological 
                system to provide an inventory of all such information 
                in the possession of the agency.
                    (B) Relevant information.--For the purpose of 
                subparagraph (A), relevant information includes 
                information on--
                            (i) ground and surface water hydrology;
                            (ii) natural and altered tributary 
                        dynamics;
                            (iii) biological aspects of the system 
                        influenced by and influencing water quantity 
                        and water movement;
                            (iv) meteorological projections and weather 
                        impacts on Great Lakes water levels; and
                            (v) other Great Lakes biohydrological 
                        system data relevant to sustainable water use 
                        management.
            (2) Report.--
                    (A) In general.--Not later than 18 months after the 
                date of enactment of this Act, the Secretary, in 
                consultation with the States, Indian tribes, and 
                Federal agencies, and after requesting information from 
                the provinces and the federal government of Canada, 
                shall--
                            (i) compile the inventories of information;
                            (ii) analyze the information for 
                        consistency and gaps; and
                            (iii) submit to Congress, the International 
                        Joint Commission, and the Great Lakes States a 
                        report that includes recommendations on ways to 
                        improve the information base on the 
                        biohydrological dynamics of the Great Lakes 
                        ecosystem as a whole, so as to support 
                        environmentally sound decisions regarding 
                        diversions and consumptive uses of Great Lakes 
                        water.
                    (B) Recommendations.--The recommendations in the 
                report under subparagraph (A) shall include 
                recommendations relating to the resources and funds 
                necessary for implementing improvement of the 
                information base.
                    (C) Considerations.--In developing the report under 
                subparagraph (A), the Secretary, in cooperation with 
                the Secretary of State, the Secretary of 
                Transportation, and other relevant agencies as 
                appropriate, shall consider and report on the status of 
                the issues described and recommendations made in--
                            (i) the Report of the International Joint 
                        Commission to the Governments of the United 
                        States and Canada under the 1977 reference 
                        issued in 1985; and
                            (ii) the 1993 Report of the International 
                        Joint Commission to the Governments of Canada 
                        and the United States on Methods of Alleviating 
                        Adverse Consequences of Fluctuating Water 
                        Levels in the Great Lakes St. Lawrence Basin.
    (c) Great Lakes Recreational Boating.--Not later than 18 months 
after the date of enactment of this Act, the Secretary shall, using 
information and studies in existence on the date of enactment of this 
Act to the maximum extent practicable, and in cooperation with the 
Great Lakes States, submit to Congress a report detailing the economic 
benefits of recreational boating in the Great Lakes basin, particularly 
at harbors benefiting from operation and maintenance projects of the 
Army Corps of Engineers.
    (d) Cooperation.--In undertaking activities under this section, the 
Secretary shall--
            (1) encourage public participation; and
            (2) cooperate, and, as appropriate, collaborate, with Great 
        Lakes States, tribal governments, and Canadian federal, 
        provincial, tribal governments.
    (e) Water Use Activities and Policies.--The Secretary may provide 
technical assistance to the Great Lakes States to develop interstate 
guidelines to improve the consistency and efficiency of State-level 
water use activities and policies in the Great Lakes basin.
    (f) Cost Sharing.--The Secretary may seek and accept funds from 
non-Federal entities to be used to pay up to 25 percent of the cost of 
carrying out subsections (b), (c), (d), and (e).

SEC. 159. PROJECTS FOR IMPROVEMENT OF THE ENVIRONMENT.

    Section 1135(c) of the Water Resources Development Act of 1986 (33 
U.S.C. 2309a(c)) is amended--
            (1) by striking ``If the Secretary'' and inserting the 
        following:
            ``(1) In general.--If the Secretary''; and
            (2) by adding at the end the following:
            ``(2) Control of sea lamprey.--Congress finds that--
                    ``(A) the Great Lakes navigation system has been 
                instrumental in the spread of sea lamprey and the 
                associated impacts to its fishery; and
                    ``(B) the use of the authority under this 
                subsection for control of sea lamprey at any Great 
                Lakes basin location is appropriate.''.

SEC. 160. WATER QUALITY, ENVIRONMENTAL QUALITY, RECREATION, FISH AND 
              WILDLIFE, FLOOD CONTROL, AND NAVIGATION.

    (a) In General.--The Secretary may investigate, study, evaluate, 
and report on--
            (1) water quality, environmental quality, recreation, fish 
        and wildlife, flood control, and navigation in the western Lake 
        Erie watershed, including the watersheds of the Maumee River, 
        Ottawa River, and Portage River in the States of Indiana, Ohio, 
        and Michigan; and
            (2) measures to improve water quality, environmental 
        quality, recreation, fish and wildlife, flood control, and 
        navigation in the western Lake Erie basin.
    (b) Cooperation.--In carrying out studies and investigations under 
subsection (a), the Secretary shall cooperate with Federal, State, and 
local agencies and nongovernmental organizations to ensure full 
consideration of all views and requirements of all interrelated 
programs that those agencies may develop independently or in 
coordination with the Army Corps of Engineers.

SEC. 161. IRRIGATION DIVERSION PROTECTION AND FISHERIES ENHANCEMENT 
              ASSISTANCE.

    The Secretary may provide technical planning and design assistance 
to non-Federal interests and may conduct other site-specific studies to 
formulate and evaluate fish screens, fish passages devices, and other 
measures to decrease the incidence of juvenile and adult fish 
inadvertently entering into irrigation systems. Measures shall be 
developed in cooperation with Federal and State resource agencies and 
not impair the continued withdrawal of water for irrigation purposes. 
In providing such assistance priority shall be given based on the 
objectives of the Endangered Species Act, cost-effectiveness, and the 
potential for reducing fish mortality. Non-Federal interests shall 
agree by contract to contribute 50 percent of the cost of such 
assistance. Not more than one-half of such non-Federal contribution may 
be made by the provision of services, materials, supplies, or other in-
kind services. No construction activities are authorized by this 
section. Not later than 2 years after the date of enactment of this 
section, the Secretary shall report to Congress on fish mortality 
caused by irrigation water intake devices, appropriate measures to 
reduce mortality, the extent to which such measures are currently being 
employed in the arid States, the construction costs associated with 
such measures, and the appropriate Federal role, if any, to encourage 
the use of such measures.

  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.
            (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 the appropriate committees of the Senate and 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 (3) 
                        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 (3) 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 sites 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; 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. 205. TRANSFER OF FEDERAL LAND TO STATE OF SOUTH DAKOTA.

    (a) In General.--
            (1) Transfer.--
                    (A) In general.--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.
                    (B) Permits, rights-of-way, and easements.--All 
                permits, rights-of-way, and easements granted by the 
                Secretary of the Army to the Oglala Sioux Tribe for 
                land on the west side of the Missouri River between the 
                Oahe Dam and Highway 14, and all permits, rights-of-
                way, and easements on any other land administered by 
                the Secretary and used by the Oglala Sioux Rural Water 
                Supply System, are granted to the Oglala Sioux Tribe in 
                perpetuity to be held in trust under section 3(e) of 
                the Mni Wiconi Project Act of 1988 (102 Stat. 2568).
            (2) Uses.--The Department shall maintain and develop the 
        land outside the 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 Gavin'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;
            (3) is located within the State of South Dakota;
            (4) is not the recreation area known as ``Cottonwood'', 
        ``Training Dike'', or ``Tailwaters''; and
            (5) is located below Gavin's Point Dam in the State of 
        South Dakota in accordance with boundary agreements and 
        reciprocal fishing agreements between the State of South Dakota 
        and the State of Nebraska in effect on the date of enactment of 
        this Act, which agreements shall continue to be honored by the 
        State of South Dakota as the agreements apply to any land or 
        recreation areas transferred under this title to the State of 
        South Dakota below Gavin's Point Dam and on the waters of the 
        Missouri River.
    (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 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 Trust Fund described in section 203.
    (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.--
            (1) In general.--Nothing in this title affects jurisdiction 
        over the land and water below the exclusive flood pool of the 
        Missouri River within the State of South Dakota, including 
        affected Indian reservations. The State of South Dakota, the 
        Lower Brule Sioux Tribe, and the Cheyenne River Sioux Tribe 
        shall continue in perpetuity to exercise the jurisdiction the 
        State and Tribes possess on the date of enactment of this Act.
            (2) No effect on respective jurisdictions.--The Secretary 
        may not adopt any regulation or otherwise affect the respective 
        jurisdictions of the State of South Dakota, the Lower Brule 
        River Sioux Tribe, or the Cheyenne River Sioux Tribe described 
        in paragraph (1).
    (h) Applicability of Law.--Notwithstanding any other provision of 
this Act, the following provisions of law shall apply to land 
transferred under this section:
            (1) The National Historic Preservation Act (16 U.S.C. 470 
        et seq.), including sections 106 and 304 of that Act (16 U.S.C. 
        470f, 470w-3).
            (2) The Archaeological Resources Protection Act of 1979 (16 
        U.S.C. 470aa et seq.), including sections 4, 6, 7, and 9 of 
        that Act (16 U.S.C. 470cc, 470ee, 470ff, 470hh).
            (3) The Native American Graves Protection Act and 
        Repatriation Act (25 U.S.C. 3001 et seq.), including 
        subsections (a) and (d) of section 3 of that Act (25 U.S.C. 
        3003).

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 Secretary of the Interior 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 
        reservation 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 State and tribal 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) Hunting and fishing.--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. The State 
        of South Dakota, the Lower Brule Sioux Tribe, and the Cheyenne 
        River Sioux Tribe shall continue to exercise, in perpetuity, 
        the jurisdiction they possess on the date of enactment of this 
        Act with regard to those lands and waters. The Secretary may 
        not adopt any regulation or otherwise affect the respective 
        jurisdictions of the State of South Dakota, the Lower Brule 
        River Sioux Tribe, or the Cheyenne River Sioux Tribe described 
        in the preceding sentence. Jurisdiction over the land 
        transferred under this section shall be the same as that over 
        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 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 title relieves 
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 other 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 Act of December 22, 1944 (58 Stat. 887, chapter 
665; 33 U.S.C. 701-1 et seq.).

SEC. 208. STUDY.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Secretary of the Army shall arrange for the United 
States Geological Survey, in consultation with the Bureau of Indian 
Affairs and other appropriate Federal agencies, to conduct a 
comprehensive study of the potential impacts of the transfer of land 
under sections 205(b) and 206(b), including potential impacts on South 
Dakota Sioux Tribes having water claims within the Missouri River 
Basin, on water flows in the Missouri River.
    (b) No Transfer Pending Determination.--No transfer of land under 
section 205(b) or 206(b) shall occur until the Secretary determines, 
based on the study, that the transfer of land under either section will 
not significantly reduce the amount of water flow to the downstream 
States of the Missouri River.

SEC. 209. 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.

            Passed the Senate October 9 (legislative day, October 2), 
      1998.

            Attest:

                                                             Secretary.
105th CONGRESS

  2d Session

                                S. 2131

_______________________________________________________________________

                                 AN ACT

 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.

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