Calendar No. 523

105TH CONGRESS

2D SESSION S. 2131

A BILL

To provide for the conservation and development of

United States, and for other purposes.for improvements to rivers and harbors of theretary of the Army to construct various projectswater and related resources, to authorize the SecAUGUST 25, 1998

Reported with an amendment
II

Calendar No. 523

105TH CONGRESS

2D SESSION S. 2131

[Report No. 105–286]

To provide for the conservation and development of water and related resources, to authorize the Secretary of the Army to construct various

projects for improvements to rivers and harbors of the United States,

and for other purposes.

IN THE SENATE OF THE UNITED STATES

JUNE 4 (legislative day, JUNE 2), 1998

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

AUGUST 25, 1998

Reported under authority of the order of the Senate of July 31, 1998, by Mr.

CHAFEE, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

A BILL

To provide for the conservation and development of water

and related resources, to authorize the Secretary of the

Army to construct various projects for improvements to

rivers and harbors of the United States, and for other

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

5 ‘‘Water Resources Development Act of 1998’’.

6 (2) TABLE OF CONTENTS.—

Sec. 1. Short title; table of contents.

Sec. 2. Definitions.

Sec. 3. Project authorizations.

Sec. 4. Flood hazard mitigation and riverine ecosystem restoration program.

Sec. 5. Shore protection.

Sec. 6. Small flood control projects.

Sec. 7. Use of non-Federal funds for compiling and disseminating information

on floods and flood damages.

Sec. 8. Everglades and South Florida ecosystem restoration.

Sec. 9. Aquatic ecosystem restoration.

Sec. 10. Beneficial uses of dredged material.

Sec. 11. Cooperative agreements for natural resources, environmental protection, conservation, and recreation measures.

Sec. 12. Contribution by States and political subdivisions.

Sec. 13. Recreation user fees.

Sec. 14. Shoreline management program fees.

Sec. 15. Water resources development studies for the Pacific region.

Sec. 16. Water resources foundation.

Sec. 17. Regulatory program funding.

Sec. 18. Flood mitigation near Pierre, South Dakota.

Sec. 19. Lower Missouri River aquatic restoration projects.

Sec. 20. Payment option, Moorehead, West Virginia.

7 SEC. 2. DEFINITIONS.

8 For purposes of this Act, the term ‘‘Secretary’’

9 means the Secretary of the Army.

10 SEC. 3. PROJECT AUTHORIZATIONS.

11 (a) PROJECTS WITH REPORTS.—The following

12 projects for water resources development and conservation

13 and other purposes are authorized to be carried out by

14 the Secretary substantially in accordance with the plans,
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1 and subject to the conditions, described in the respective

2 reports designated in this section:

3 (1) AMERICAN RIVER WATERSHED, CALIFOR4 NIA.—

5 (A) GENERAL.—The project for flood dam6 age reduction described as the Folsom Stepped

7 Release Plan in the U.S. Army Corps of Engi8 neers Supplemental Information Report for the

9 American River Watershed Project, California,

10 dated March 1996 is authorized for construc11 tion at a total cost of $464,600,000, with an es12 timated Federal cost of $302,000,000 and an

13 estimated non-Federal cost of $162,600,000.

14 (B) IMPLEMENTATION.—

15 (i) Implementation of the measures by

16 the Secretary pursuant to paragraph (A)

17 of this subsection shall be undertaken sub18 sequent to the levee stabilization and

19 strengthening and flood warning features

20 authorized in section 101(a)(1) of Public

21 Law 104–303 (110 Stat. 3662–3663).

22 (ii) The Secretary may undertake

23 measures at the Folsom Dam and Res24 ervoir authorized pursuant to paragraph

25 (A) only after reviewing the design of such
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1 measures to determine if modifications are

2 necessary to account for changed hydro3 logic conditions and any other changed

4 conditions in the project area, including

5 operational and construction impacts that

6 have occurred since completion of the Re7 port referred to in paragraph (A) of this

8 subsection. The Secretary shall conduct the

9 review and develop such modifications to

10 the Folsom Dam with the full participation

11 of the Secretary of the Interior.

12 (iii) Implementation of the remaining

13 downstream elements authorized pursuant

14 to paragraph (A) may be undertaken only

15 after the Secretary, in consultation with

16 affected Federal, State, Regional, and local

17 entities, has reviewed the elements to de18 termine if modifications are necessary to

19 address changes in the hydrologic condi20 tions, any other changed conditions in the

21 project area that have occurred since com22 pletion of the Report referred to in para23 graph (A) of this subsection and any de24 sign modifications for the Folsom Dam

25 and Reservoir made by the Secretary in
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1 implementing the measures referred to in

2 paragraph (B)(ii), and has issued a report

3 on the review.

4 (2) AMITE RIVER AND TRIBUTARIES, LOUISI5 ANA, EAST BATON ROUGE PARISH WATERSHED.—

6 The project for flood damage reduction and recre7 ation, Amite River and Tributaries, Louisiana, East

8 Baton Rouge Parish Watershed: Report of the Chief

9 of Engineers, dated December 23, 1996, at a total

10 cost of $110,045,000, with an estimated Federal

11 cost of $71,343,000 and an estimated non-Federal

12 cost of $38,702,000.

13 (3) GUANAJIBO RIVER, PUERTO RICO.—The

14 project for flood damage reduction, Guanajibo River,

15 Puerto Rico: Report of the Chief of Engineers, dated

16 February 27, 1996, at a total cost of $27,441,000,

17 with an estimated Federal cost of $17,837,000 and

18 an estimated non-Federal cost of $9,604,000.

19 (4) RIO NIGUA AT SALINAS, PUERTO RICO.—

20 The project for flood damage reduction, Rio Nigua

21 at Salinas, Puerto Rico: Report of the Chief of Engi22 neers, dated April 15, 1997, at a total cost

23 $13,565,000, with an estimated Federal cost of

24 $7,079,000 and an estimated non-Federal cost of

25 $6,486,000.
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1 (b) PROJECTS SUBJECT TO A REPORT.—The follow2 ing project for water resources development and conserva3 tion and other purposes is authorized to be carried out

4 by the Secretary substantially in accordance with the plans

5 and subject to the conditions recommended in a report of

6 the Chief of Engineers, as approved by the Secretary:

7 (1) GRAND FORKS, NORTH DAKOTA, AND EAST

8 GRAND FORKS, MINNESOTA.—The project for flood

9 damage reduction and recreation, Grand Forks,

10 North Dakota and East Grand Forks, Minnesota,

11 Report of the Chief of Engineers consisting of set12 back levees and floodwalls, at a total cost of

13 $281,754,000, with an estimated Federal cost of

14 $140,877,000 and an estimated non-Federal cost of

15 $140,877,000.

16 SEC. 4. FLOOD HAZARD MITIGATION AND RIVERINE ECO17 SYSTEM RESTORATION PROGRAM.

18 (a) IN GENERAL.—The Secretary is authorized to

19 undertake a program to reduce flood hazards and to re20 store the natural functions and values of riverine eco21 systems throughout the United States. In carrying out the

22 program, the Secretary may conduct studies to identify

23 appropriate flood damage reduction, conservation, and

24 restoration measures and may design and implement wa25 tershed management and restoration projects. The studies
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1 and projects carried out under this authority shall be con2 ducted, to the maximum extent practicable, with the full

3 participation of the appropriate Federal agencies, includ4 ing the Department of Agriculture, the Federal Emer5 gency Management Agency, the Department of the Inte6 rior, the Environmental Protection Agency, and the De7 partment of Commerce. Such studies and projects shall,

8 to the maximum extent practicable, emphasize non-struc9 tural approaches to preventing or reducing flood damages.

10 (b) COST-SHARING REQUIREMENTS.—The cost of

11 studies conducted under this authority shall be shared in

12 accordance with section 105 of the Water Resources De13 velopment Act of 1986 (100 Stat. 4088–4089) as amend14 ed by section 203 of the Water Resources Development

15 Act of 1996 (110 Stat. 3677–3678). The non-Federal in16 terests shall pay 35 percent of the cost of any environ17 mental restoration or non-structural flood control project

18 carried out under this authority. The non-Federal inter19 ests shall provide all lands, easements, rights-of-way,

20 dredged material disposal areas, and relocations necessary

21 for such projects, and the value of such lands, easements,

22 rights-of-way, dredged material disposal areas, and reloca23 tions shall be credited toward the payment required under

24 this subsection. For any structural flood control measures

25 carried out under this authority, the cost sharing shall be
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1 in accordance with section 103(a) of the Water Resources

2 Development Act of 1986 as amended by section 202 of

3 the Water Resources Development Act of 1996 (33 U.S.C.

4 2213(a)). The non-Federal interests shall be responsible

5 for all costs associated with operating, maintaining, re6 placing, repairing, and rehabilitating all projects carried

7 out under this authority.

8 (c) PROJECT JUSTIFICATION.—(1) Notwithstanding

9 any other provision of law or requirement for economic

10 justification established pursuant to 42 U.S.C. 1962–2,

11 the Secretary may implement a project under this author12 ity provided the Secretary determines that the project—

13 (A) will significantly reduce potential flood

14 damages;

15 (B) will improve the quality of the environment;

16 and

17 (C) is justified considering all costs and bene18 ficial outputs of the project.

19 (2) Within 180 days of the date of enactment of this

20 section the Secretary shall develop criteria for selecting

21 and rating the projects to be carried out as a part of the

22 Program authorized by this section and shall establish

23 policies and procedures for carrying out the studies and

24 projects undertaken under this authority.
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1 (d) REPORTING REQUIREMENT.—The Secretary may

2 not implement a project under this authority until—

3 (1) the Secretary provides to the appropriate

4 committees of Congress a written notification de5 scribing the project and the determinations reached

6 pursuant to subsection (c); and

7 (2) a period of 21 calendar days has expired

8 following the date on which the notification was re9 ceived by the Committees.

10 (e) PROGRAM REVIEW.—The program established

11 pursuant to this section shall be subject to an independent

12 review to evaluate the efficiency of the program in achiev13 ing the dual goals of flood hazard mitigation and eco14 system restoration. The Secretary shall transmit a report

15 on the findings of the review conducted under this sub16 section to the Congress by April 2004, together with any

17 recommendations for continuing the program.

18 (f) PER PROJECT LIMITATION.—No more than

19 $75,000,000 in Army Civil Works appropriations may be

20 expended on any single project undertaken under this au21 thority.

22 (g) AUTHORIZATION OF APPROPRIATIONS.—There is

23 authorized to be appropriated to carry out this section

24 $25,000,000 for each fiscal year for fiscal years 1999 and

25 2000; $50,000,000 for fiscal year 2001; and $75,000,000
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1 for each fiscal year for fiscal years 2002 through 2004.

2 All studies and projects undertaken under this authority

3 from Army Civil Works appropriations shall be fully fund4 ed within the program funding levels provided in this sub5 section.

6 SEC. 5. SHORE PROTECTION.

7 Section 103(d) of the Water Resources Development

8 Act of 1986 (100 Stat. 4085–5086) is amended by—

9 (1) inserting the following immediately before

10 the phrase ‘‘Costs of constructing projects or meas11 ures for beach erosion control;’’:

12 ‘‘(1) CONSTRUCTION.—’’; and

13 (2) inserting a new paragraph (2) as follows:

14 ‘‘(2) PERIODIC NOURISHMENT.—The non-Fed15 eral cost of the periodic nourishment of projects or

16 measures for shore protection or beach erosion con17 trol shall be 65 percent, except that all costs as18 signed to benefits to privately owned shores (where

19 use of such shores is limited to private interests) or

20 to prevention of losses of private lands shall be

21 borne by non-Federal interests and all costs assigned

22 to the protection of federally owned shores shall be

23 borne by the United States.’’.
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1 SEC. 6. SMALL FLOOD CONTROL PROJECTS.

2 Section 205 of the Flood Control Act of 1948 as

3 amended (33 U.S.C. 701s) is further amended by—

4 (1) striking ‘‘construction of small projects’’

5 and inserting in lieu thereof ‘‘implementation of

6 small structural and nonstructural projects’’; and

7 (2) striking ‘‘$5,000,000’’ and inserting in lieu

8 thereof ‘‘$7,000,000’’.

9 SEC. 7. USE OF NON-FEDERAL FUNDS FOR COMPILING AND

10 DISSEMINATING INFORMATION ON FLOODS

11 AND FLOOD DAMAGES.

12 Section 206(b) of the Flood Control Act of 1960 as

13 amended (33 U.S.C. 709a(b)) is further amended by add14 ing the following language immediately following the word

15 ‘‘section’’ in the last sentence of that subsection: ‘‘, except

16 that this limitation on fees shall not apply to funds volun17 tarily contributed by such entities for the purpose of ex18 panding the scope of the services requested by such enti19 ties’’.

20 SEC. 8. EVERGLADES AND SOUTH FLORIDA ECOSYSTEM

21 RESTORATION.

22 Subsections (b)(3)(B) and (b)(3)(C)(i) of section 528

23 of the Water Resources Development Act of 1996 (110

24 Stat. 3769) are amended by striking ‘‘1999’’ and inserting

25 in lieu thereof ‘‘2000’’.
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1 SEC. 9. AQUATIC ECOSYSTEM RESTORATION.

2 Section 206(c) of the Water Resources Development

3 Act of 1996 (110 Stat. 3679–3680) is amended by insert4 ing a new sentence at the end thereof as follows: ‘‘Not5 withstanding 42 U.S.C. 1962d–5b(b), for any project un6 dertaken under this authority, a non-Federal interest may

7 also include a non-profit entity.’’.

8 SEC. 10. BENEFICIAL USES OF DREDGED MATERIAL.

9 Section 204 of the Water Resources Development Act

10 of 1992 (106 Stat. 4826) as amended by section 207 of

11 the Water Resources Development Act of 1996 (110 Stat.

12 3680) is further amended by—

13 (1) striking ‘‘cooperative agreement in accord14 ance with the requirements of section 221 of the

15 Flood Control Act of 1970’’ from subsection (c) and

16 inserting in lieu thereof ‘‘binding agreement with the

17 Secretary’’; and

18 (2) inserting a new subsection (g) as follows:

19 ‘‘(g) NON-FEDERAL INTERESTS.—Notwithstanding

20 42 U.S.C. 1962d–5b(b), for any project carried out under

21 this section, a non-Federal interest may also include a

22 non-profit entity.’’.
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1 SEC. 11. COOPERATIVE AGREEMENTS FOR NATURAL RE2 SOURCES, ENVIRONMENTAL PROTECTION,

3 CONSERVATION, AND RECREATION MEAS4 URES.

5 The Secretary is authorized to enter into cooperative

6 agreements with non-Federal public bodies and non-profit

7 entities for the purpose of facilitating collaborative efforts

8 involving environmental protection and restoration, natu9 ral resources, conservation, and recreation in connection

10 with the development, operation, and management of

11 water resources projects under the jurisdiction of the De12 partment of the Army.

13 SEC. 12. CONTRIBUTIONS BY STATES AND POLITICAL SUB14 DIVISIONS.

15 Section 5 of the Flood Control Act of 1936, as

16 amended by Public Law 208, 75th Congress (33 U.S.C.

17 701h) is further amended by inserting the words ‘‘or envi18 ronmental restoration’’ after the words ‘‘flood control’’.

19 SEC. 13. RECREATION USER FEES.

20 (a) During fiscal years 1999 through 2002, the Sec21 retary may withhold from the special account established

22 pursuant to 16 U.S.C. 460l–6a(i)(1)(A) 100 percent of the

23 amount of receipts above a baseline of $34,000,000 per

24 each fiscal year received from fees imposed at recreation

25 sites under the administrative jurisdiction of the Depart26 ment of the Army pursuant to 16 U.S.C. 460l–6a(b). The
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1 amounts withheld shall be retained by the Secretary and

2 shall be available, without further appropriation, for ex3 penditure by the Secretary in accordance with the provi4 sions of this section. Such amounts shall remain available

5 through September 30, 2005.

6 (b) In order to increase the quality of the visitor expe7 rience at public recreational areas and to enhance the pro8 tection of resources, the amounts withheld pursuant to

9 subsection (a) and available for expenditure may only be

10 used for backlogged repair and maintenance projects (in11 cluding projects relating to health and safety) and for in12 terpretation, signage, habitat or facility enhancement, re13 source preservation, annual operation (including fee collec14 tion), maintenance, and law enforcement related to public

15 use.

16 (c)(1) Eighty percent of the total amount withheld

17 by the Secretary shall be available for expenditure without

18 further appropriation at the specific site from which such

19 funds, above baseline, are collected, and shall be accounted

20 for separately.

21 (2) Twenty percent of the total amount withheld by

22 the Secretary shall be available for expenditure without

23 further appropriation for use on an agency-wide basis and

24 shall be accounted for separately.
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1 SEC. 14. SHORELINE MANAGEMENT PROGRAM FEES.

2 No later than 12 months after the date of enactment

3 of this Act and every five years thereafter, the Secretary

4 shall review the Shoreline Management Program adminis5 tered by the Army Corps of Engineers at water resources

6 development projects under the jurisdiction of the Depart7 ment of the Army to determine the costs associated with

8 administering the Program. Each review conducted pursu9 ant to this section shall include an analysis of the fee

10 schedule in place at the time the review is initiated. If

11 the Secretary determines that adjustments to the fee

12 schedule are necessary in order to ensure collection of rev13 enues sufficient to cover the costs of administering the

14 Program, the Secretary may make those adjustments in

15 accordance with applicable regulations.

16 SEC. 15. WATER RESOURCES DEVELOPMENT STUDIES FOR

17 THE PACIFIC REGION.

18 Section 444 of the Water Resources Development Act

19 of 1996 (110 Stat. 3747) is amended by striking the

20 phrase ‘‘interest of navigation’’ and inserting the following

21 in lieu thereof: ‘‘interests of water resources development,

22 including navigation, flood damage reduction, and environ23 mental restoration’’.

24 SEC. 16. WATER RESOURCES FOUNDATION.

25 (a) ESTABLISHMENT.—There is established the

26 Water Resources Foundation (hereinafter referred to as
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1 the ‘‘Foundation’’) as a charitable and nonprofit corpora2 tion domiciled in the District of Columbia, which is not

3 an agency or establishment of the United States.

4 (b) PURPOSES.—The purposes of the Foundation are

5 to—

6 (1) encourage, accept, and administer private

7 gifts of money, and of real and personal property for

8 the benefit of, or in connection with, the activities

9 and services of the Army Corps of Engineers in

10 managing natural resources at water resources de11 velopment projects administered by the Department

12 of the Army;

13 (2) undertake and conduct such other activities

14 as will further the conservation and management of

15 natural, scenic, historic and recreational resources at

16 such projects;

17 (3) further a stewardship ethic among Amer18 ican citizens to conserve and utilize the diverse natu19 ral resources available at such projects;

20 (4) initiate and support programs that broaden

21 and enhance the services, facilities, and educational

22 and interpretive activities for visitors to such

23 projects; and

24 (5) strengthen and improve the various means

25 by which the Army Corps of Engineers uses its
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1 human and financial resources to manage the natu2 ral resources at such projects.

3 (c) LIMITATIONS AND CONFLICTS OF INTERESTS.—

4 (1) The Foundation shall not participate or intervene in

5 a political campaign on behalf of any candidate for public

6 office.

7 (2) No director, officer, or employee of the Founda8 tion shall participate, directly or indirectly, in the consid9 eration or determination of any question before the Foun10 dation affecting—

11 (A) the financial interests of the director, offi12 cer, or employee; or

13 (B) the interests of any corporation, partner14 ship, entity, or organization in which such director,

15 officer, or employee—

16 (i) is an officer, director, or trustee; or

17 (ii) has any direct or indirect financial in18 terest.

19 (d) TAX EXEMPT STATUS.—For purposes of section

20 501(c)(3) of title 26 of the United States Code, the Foun21 dation shall be treated as organized and operated exclu22 sively for charitable purposes in calendar years 1998 and

23 1999. For calendar years 2000 and thereafter, the Foun24 dation shall be required to maintain its tax exempt status
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1 in the manner as prescribed by the Secretary of the Treas2 ury for similar tax exempt organizations.

3 (e) BOARD OF DIRECTORS AND GOVERNANCE OF

4 THE FOUNDATION.—

5 (1) The Foundation shall have a governing

6 Board of Directors (hereinafter referred to as the

7 ‘‘Board’’), which shall consist of nine Directors, each

8 of whom shall be a United States citizen and none

9 of whom shall be an employee of the Federal govern10 ment. Members of the Board shall be appointed by

11 the Secretary and shall be educated in or have ac12 tual experience in natural or cultural resource man13 agement, recreation management, or law. To the ex14 tent practicable, the membership of the Board shall

15 represent diverse points of view relating to natural

16 and cultural resource issues. The Secretary or a des17 ignee shall serve as a liaison to the Board. Appoint18 ment to the Board shall not constitute employment

19 by, or the holding of an office of, the United States

20 for the purposes of any Federal law.

21 (2) Within one year after the date of enactment

22 of this Act, the Secretary shall appoint the initial

23 members of the Board of Directors. Of these initial

24 members, three shall be appointed for a term of two

25 years, three members shall be appointed for a term
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1 of three years, and three members shall be appointed

2 for a term of four years. All subsequent appoint3 ments to the Board shall be for a term of four years.

4 (3) The Chairperson shall be elected by the

5 Board from its members. A chairperson shall serve

6 for a two-year term and may be re-elected to the

7 post during the Chairperson’s tenure as a Director.

8 (4) A majority of the current voting member9 ship of the Board shall constitute a quorum for the

10 transaction of business.

11 (5) The Board shall meet at the call of the

12 Chairperson at least once a year. If a Director

13 misses three consecutive regularly scheduled meet14 ings, that individual may be removed from the

15 Board by majority vote of the Board of Directors

16 and that vacancy filled in accordance with paragraph

17 (2) of this subsection.

18 (6) Voting members of the Board shall serve

19 without pay, but may be reimbursed for the actual

20 and necessary traveling and subsistence expenses in21 curred by them in the performance of their duties

22 for the Foundation. Such reimbursement may not

23 exceed such amount as would be authorized under

24 section 5703 of title 5, for the payment of expenses
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1 and allowances for individuals employed intermit2 tently in the Federal Government service.

3 (7) The Board may complete the organization

4 of the Foundation by appointing employees, adopt5 ing a constitution and bylaws consistent with the

6 purposes of the Foundation and the provisions of

7 this section, and undertaking such acts as may be

8 necessary to function and carry out the provisions of

9 this section.

10 (8) Officers and employees shall not be ap11 pointed or hired by the Board until the Foundation

12 has sufficient funds to pay for their services. Such

13 officers or employees of the Foundation shall not be

14 considered Federal employees for any purpose, in15 cluding the provisions of title 5, governing appoint16 ments in the competitive service, and may be paid

17 without regard to the provisions of chapter 51 and

18 subchapter III of chapter 53 of such title relating to

19 classification and General Schedule pay rates, except

20 that no individual so appointed may receive pay in

21 excess of the annual rate of basic pay in effect for

22 Level V of the Executive Schedule.

23 (9) Prior to the appointment or hiring of any

24 other individual, the Board shall appoint an individ25 ual to serve as the Executive Director of the Board,
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1 who shall serve at the direction of the Board as its

2 chief operating officer and who shall be knowledge3 able and experienced in matters relating to natural

4 and cultural resource management.

5 (f) CORPORATE POWERS AND OBLIGATIONS.—

6 (1) The Foundation—

7 (A) shall have perpetual succession;

8 (B) may conduct business throughout the

9 several States, territories, and possessions of

10 the United States;

11 (C) shall have its principal offices in the

12 Washington, D.C. metropolitan area; and

13 (D) shall at all times maintain a des14 ignated agent in the District of Columbia au15 thorized to accept service of process for the

16 Foundation.

17 (2) The serving of notice to, or service of proc18 ess upon, the agent required under this subsection,

19 or mailed to the business address of such agent,

20 shall be deemed as service upon or notice to the

21 Foundation.

22 (3) The Foundation shall have an official seal

23 selected by the Board which shall be judicially no24 ticed.
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1 (4) To carry out its purposes, the Foundation

2 shall have, in addition to powers otherwise author3 ized under this section, the usual powers of a cor4 poration in the District of Columbia, including the

5 power—

6 (A) to accept, receive, solicit, hold, admin7 ister and use any gift, devise, or bequest, either

8 absolutely or in trust, of real or personal prop9 erty or any income therefrom or other interest

10 therein;

11 (B) to acquire by purchase or exchange

12 any real or personal property or interest there13 in;

14 (C) unless otherwise required by the in15 strument of transfer, to sell, donate, lease, in16 vest, reinvest, retain or otherwise dispose of any

17 property or income therefrom;

18 (D) to sue and be sued, and complain and

19 defend itself in any court of competent jurisdic20 tion, except that the Directors of the Board

21 shall not be personally liable, except for gross

22 negligence;

23 (E) to enter into contracts or other ar24 rangements with public agencies, private orga25 nizations, and persons and to make such pay-
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1 ments as may be necessary to carry out its

2 functions; and

3 (F) to do any and all acts necessary and

4 proper to carry out the purposes of the Founda5 tion.

6 (g) PROPERTY.—

7 (1) The Foundation may acquire, hold, and dis8 pose of lands, waters, or other interests in real prop9 erty by donation, gift, devise, purchase or exchange.

10 For the purposes of this section, an interest in real

11 property shall include, but not be limited to, mineral

12 and water rights, rights of way, and easements ap13 purtenant or in gross. Nothing in this section shall

14 be construed to be applied to real or personal prop15 erty of the United States of America.

16 (2) No lands or waters, or interests therein,

17 that are owned by the Foundation and are deter18 mined by the Secretary to be valuable for purposes

19 established in this section shall be subject to con20 demnation by any State or political subdivision, or

21 any agent or instrumentality thereof.

22 (h) ADMINISTRATIVE SUPPORT.—The Secretary may

23 reimburse the Foundation for expenses incurred pursuant

24 to subsection (e) of this section, except that reimburse-
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1 ment for traveling and subsistence payments may not ex2 ceed then current Federal Government per diem rates.

3 (i) AUDITS AND REPORT REQUIREMENTS.—

4 (1) For purposes of the Act entitled ‘‘An Act

5 for audit of accounts of private corporations estab6 lished under Federal law’’, approved August 30,

7 1964 (36 U.S.C. 1101 through 1103; Public Law

8 88–504) the Foundation shall be treated as a pri9 vate corporation established under Federal law.

10 (2) The Foundation shall transmit to the Sec11 retary each year a report of its proceedings and ac12 tivities of the previous year, including a full and

13 complete statement of its receipts, expenditures, and

14 investments.

15 (j) RELEASE FROM LIABILITY.—The United States

16 shall not be liable for any debts, defaults, acts or omissions

17 of the Foundation nor shall the full faith and credit of

18 the United States extend to any obligations of the Foun19 dation.

20 (k) ACTIVITIES OF THE FOUNDATION AND ARMY

21 CORPS OF ENGINEERS.—The activities of the Foundation,

22 authorized under the provisions of this Act shall be supple23 mental to and shall not preempt any authority or respon24 sibility of the Army Corps of Engineers under any other

25 provision of law.
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1 (l) AUTHORIZATION OF APPROPRIATIONS.—For the

2 purposes of reimbursing the Foundation for certain costs,

3 as provided for in subsection (h) of this section, there is

4 authorized to be appropriated to the Department of the

5 Army $300,000 for each of fiscal years 1999, 2000, and

6 2001.

7 SEC. 17. REGULATORY PROGRAM FUNDING.

8 (a) The Secretary shall establish and collect fees from

9 permit applicants for the evaluation of commercial permit

10 applications; the preparation of Environmental Impact

11 Statements as required by the National Environmental

12 Policy Act of 1969 in connection with such commercial

13 permit applications; and the delineation of wetlands for

14 major developments affecting wetlands.

15 (b) There is hereby established as a special account

16 in the Treasury of the United States the ‘‘Army Civil

17 Works Regulatory Program Account’’ (hereafter referred

18 to as the ‘‘Regulatory Program Account’’) into which shall

19 be deposited fees collected by the Secretary pursuant to

20 subsection (a) of this section. Amounts deposited into the

21 Regulatory Program Account shall be available to the Sec22 retary, as provided in Appropriation Acts, to apply toward

23 the costs incurred by the Department of the Army in ad24 ministering laws pertaining to the regulation of the navi25 gable waters of the United States including wetlands, in
26

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1 addition to appropriations otherwise available for the same

2 purpose.

3 SEC. 18. FLOOD MITIGATION NEAR PIERRE, SOUTH DA4 KOTA.

5 (a) GENERAL.—(1) To provide full operation capabil6 ity to carry out the authorized purposes of the Missouri

7 River Main Stem dams that are part of the Pick-Sloan

8 Missouri River Basin Program authorized by section 9 of

9 the Act entitled ‘‘An Act authorizing the construction of

10 certain public works on rivers and harbors for flood con11 trol, and other purposes’’ approved December 22, 1944,

12 the Secretary may acquire from willing sellers such land

13 and property in the vicinity of Pierre, South Dakota, or

14 floodproof or relocate such property within the project

15 area, as the Secretary determines is adversely affected by

16 the full wintertime Oahe Powerplant releases, provided

17 that non-Federal interests pay 35 percent of the cost of

18 the work. Any lands that are acquired under this authority

19 will be kept in public ownership and will be dedicated and

20 maintained in perpetuity for a use that is compatible with

21 any remaining flood threat.

22 (2) The Secretary may not obligate funds to imple23 ment this section until the Secretary has completed a re24 port addressing the criteria for selecting which properties

25 are to be acquired, relocated or floodproofed, and a plan
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1 for implementing such measures. This report should be

2 completed no later than one year after funding is made

3 available. The report and implementation plan should be

4 coordinated with the Federal Emergency Management

5 Agency, and both should be prepared in consultation with

6 other Federal agencies, and State and local officials, and

7 residents. Such report should take into account informa8 tion from prior and ongoing studies.

9 (b) STUDY COST-SHARING REQUIREMENTS.—The

10 cost of studies conducted under this authority shall be

11 shared in accordance with section 105 of the Water Re12 sources Development Act of 1986 (100 Stat. 4088–4089),

13 as amended.

14 (c) AUTHORIZATION FOR APPROPRIATIONS.—There

15 is authorized to be appropriated to carry out this section

16 funds not to exceed $25,000,000.

17 SEC. 19. LOWER MISSOURI RIVER AQUATIC RESTORATION

18 PROJECTS.

19 (a) IN GENERAL.—Not later than one year after

20 funds are made available for such purposes, the Secretary

21 shall finalize a comprehensive report—

22 (1) identifying a general implementation strat23 egy and overall plan for environmental restoration

24 and protection along the Lower Missouri River be-
28

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1 tween Gavins Point Dam and the confluence of the

2 Missouri and Mississippi Rivers; and

3 (2) recommending individual environmental res4 toration projects that can be considered by the Sec5 retary for implementation under section 206 of the

6 Water Resources Development Act of 1996 (110

7 Stat. 3679–3680).

8 (b) SCOPE OF PROJECTS.—Any environmental res9 toration projects carried out pursuant to subsection (a)

10 shall provide for such activities and measures as the Sec11 retary determines to be necessary to protect and restore

12 fish and wildlife habitat without adversely affecting pri13 vate property rights or water related needs of the region

14 surrounding the Missouri River, including flood control,

15 navigation, and enhancement of water supply and shall in16 clude some or all of the following components:

17 (1) modification and improvement of navigation

18 training structures to protect and restore fish and

19 wildlife habitat;

20 (2) modification and creation of side channels

21 to protect and restore fish and wildlife habitat;

22 (3) restoration and creation of island fish and

23 wildlife habitat;

24 (4) creation of riverine fish and wildlife habitat;

25 and
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1 (5) physical and biological monitoring for evalu2 ating the success of the projects.

3 (c) COORDINATION.—The Secretary shall, to the

4 maximum extent practicable, integrate projects carried out

5 in accordance with this section with other Federal, tribal,

6 and State restoration activities.

7 (d) COST SHARING.—The report to be carried out

8 pursuant to subsection (a) shall be undertaken at full Fed9 eral expense.

10 SEC. 20. PAYMENT OPTION, MOOREFIELD, WEST VIRGINIA.

11 The Secretary may permit the non-Federal sponsor

12 for the project for flood control, Moorefield, West Virginia,

13 to pay without interest the remaining non-Federal cost

14 over a period not to exceed thirty years to be determined

15 by the Secretary.

16 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

18 ‘‘Water Resources Development Act of 1998’’.

19 (b) TABLE OF CONTENTS.—The table of contents for

20 this Act is as follows:

Sec. 1. Short title; table of contents.

TITLE I—WATER RESOURCES DEVELOPMENT

Sec. 101. Definitions.

Sec. 102. Project authorizations.

Sec. 103. Project modifications.

Sec. 104. Project deauthorizations.

Sec. 105. Studies.

Sec. 106. Flood hazard mitigation and riverine ecosystem restoration program.

Sec. 107. Shore protection.

Sec. 108. Small flood control projects.
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Sec. 109. Use of non-Federal funds for compiling and disseminating information

on floods and flood damages.

Sec. 110. Everglades and south Florida ecosystem restoration.

Sec. 111. Aquatic ecosystem restoration.

Sec. 112. Beneficial uses of dredged material.

Sec. 113. Voluntary contributions by States and political subdivisions.

Sec. 114. Recreation user fees.

Sec. 115. Water resources development studies for the Pacific region.

Sec. 116. Missouri and Middle Mississippi Rivers enhancement project.

Sec. 117. Outer Continental Shelf.

Sec. 118. Environmental dredging.

Sec. 119. Benefit of primary flood damages avoided included in benefit cost analysis.

Sec. 120. Control of aquatic plant growth.

Sec. 121. Environmental infrastructure.

Sec. 122. Watershed management, restoration, and development.

Sec. 123. Lakes program.

Sec. 124. Dredging of salt ponds in the State of Rhode Island.

Sec. 125. Upper Susquehanna River basin, Pennsylvania and New York.

Sec. 126. Repaupo Creek and Delaware River, Gloucester County, New Jersey.

Sec. 127. Small navigation projects.

Sec. 128. Streambank protection projects.

Sec. 129. Aquatic ecosystem restoration, Springfield, Oregon.

Sec. 130. Guilford and New Haven, Connecticut.

Sec. 131. Francis Bland, Arkansas Floodway Ditch No. 5.

Sec. 132. Point Judith breakwater.

Sec. 133. Caloosahatchee River basin, Florida.

Sec. 134. Cumberland, Maryland, flood project mitigation.

Sec. 135. Sediments decontamination policy.

Sec. 136. City of Miami Beach, Florida.

Sec. 137. Small storm damage reduction projects.

Sec. 138. Sardis Reservoir, Oklahoma.

Sec. 139. Upper Mississippi River and Illinois waterway system navigation modernization.

Sec. 140. Disposal of dredged material on beaches.

Sec. 141. Fish and wildlife mitigation.

Sec. 142. Upper Mississippi River management.

Sec. 143. Reimbursement of non-Federal interest.

Sec. 144. Research and development program for Columbia and Snake Rivers

salmon survival.

TITLE II—CHEYENNE RIVER SIOUX TRIBE, LOWER BRULE SIOUX

TRIBE, AND STATE OF SOUTH DAKOTA TERRESTRIAL WILDLIFE

HABITAT RESTORATION

Sec. 201. Definitions.

Sec. 202. Terrestrial wildlife habitat restoration.

Sec. 203. South Dakota Terrestrial Wildlife Habitat Restoration Trust Fund.

Sec. 204. Cheyenne River Sioux Tribe and Lower Brule Sioux Tribe Terrestrial

Wildlife Habitat Restoration Trust Funds.

Sec. 205. Transfer of Federal land to State of South Dakota.

Sec. 206. Transfer of Corps of Engineers land for Indian Tribes.

Sec. 207. Administration.

Sec. 208. Authorization of appropriations.
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1 TITLE I—WATER RESOURCES

2 DEVELOPMENT

3 SEC. 101. DEFINITIONS.

4 In this title, the term ‘‘Secretary’’ means the Secretary

5 of the Army.

6 SEC. 102. PROJECT AUTHORIZATIONS.

7 (a) PROJECTS WITH REPORTS.—The following

8 projects for water resources development and conservation

9 and other purposes are authorized to be carried out by the

10 Secretary substantially in accordance with the plans, and

11 subject to the conditions, described in the respective reports

12 designated in this section:

13 (1) AMERICAN RIVER WATERSHED, CALIFOR14 NIA.—

15 (A) IN GENERAL.—The project for flood

16 damage reduction described as the Folsom

17 Stepped Release Plan in the United States Army

18 Corps of Engineers Supplemental Information

19 Report for the American River Watershed

20 Project, California, dated March 1996, at a total

21 cost of $464,600,000, with an estimated Federal

22 cost of $302,000,000 and an estimated non-Fed23 eral cost of $162,600,000.

24 (B) IMPLEMENTATION.—
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•S 2131 RS

1 (i) IN GENERAL.—Implementation of

2 the measures by the Secretary pursuant to

3 subparagraph (A) of this subsection shall be

4 undertaken after completion of the levee sta5 bilization and strengthening and flood

6 warning features authorized in section

7 101(a)(1) of the Water Resources Develop8 ment Act of 1996 (110 Stat. 3662).

9 (ii) FOLSOM DAM AND RESERVOIR.—

10 The Secretary may undertake measures at

11 the Folsom Dam and Reservoir authorized

12 under subparagraph (A) only after review13 ing the design of such measures to deter14 mine if modifications are necessary to ac15 count for changed hydrologic conditions and

16 any other changed conditions in the project

17 area, including operational and construc18 tion impacts that have occurred since com19 pletion of the report referred to in subpara20 graph (A). The Secretary shall conduct the

21 review and develop such modifications to

22 the Folsom Dam and Reservoir with the full

23 participation of the Secretary of the Inte24 rior.
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1 (iii) REMAINING DOWNSTREAM ELE2 MENTS.—Implementation of the remaining

3 downstream elements authorized pursuant

4 to subparagraph (A) may be undertaken

5 only after the Secretary, in consultation

6 with affected Federal, State, regional, and

7 local entities, has reviewed the elements to

8 determine if modifications are necessary to

9 address changes in the hydrologic condi10 tions, any other changed conditions in the

11 project area that have occurred since com12 pletion of the report referred to in subpara13 graph (A) and any design modifications for

14 the Folsom Dam and Reservoir made by the

15 Secretary in implementing the measures re16 ferred to in subparagraph (B)(ii), and has

17 issued a report on the review. The review

18 shall be prepared in accordance with the

19 economic and environmental principles and

20 guidelines for water and related land re21 sources implementation studies, and no con22 struction may be initiated unless the Sec23 retary determines that the remaining down24 stream elements are technically sound, envi-
34

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1 ronmentally acceptable, and economically

2 justified.

3 (2) LLAGAS CREEK, CALIFORNIA.—The Secretary

4 may complete the remaining reaches of the National

5 Resources Conservation Services flood control project

6 at Llagas Creek, California, undertaken pursuant to

7 section 5 of the Watershed Protection and Flood Pre8 vention Act (16 U.S.C. 1005) substantially in accord9 ance with the requirements of local cooperation as

10 specified in section 4 of that Act (16 U.S.C. 1004) at

11 a total cost of $34,300,000, with an estimated Federal

12 cost of $16,600,000 and an estimated non-Federal

13 share of $17,700,000.

14 (3) HILLSBORO AND OKEECHOBEE AQUIFER

15 STORAGE AND RECOVERY PROJECT, FLORIDA.—The

16 project for aquifer storage and recovery described in

17 the United States Army Corps of Engineers Central

18 and Southern Florida Water Supply Study, Florida,

19 dated April 1989, and in House Document 369, dated

20 July 30, 1968, at a total cost of $27,000,000, with an

21 estimated Federal cost of $13,500,000 and an esti22 mated non-Federal cost of $13,500,000.

23 (4) BALTIMORE HARBOR ANCHORAGES AND

24 CHANNELS, MARYLAND AND VIRGINIA.—The project for

25 navigation Baltimore Harbor Anchorages and Chan-
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1 nels, Maryland and Virginia: Report of the Chief of

2 Engineers, dated June 8, 1998, at a total cost of

3 $27,692,000, with an estimated Federal cost of

4 $19,126,000 and an estimated non-Federal cost of

5 $8,566,000.

6 (5) RED LAKE RIVER AT CROOKSTON, MIN7 NESOTA.—The project for flood damage reduction,

8 Red Lake River at Crookston, Minnesota: Report of

9 the Chief of Engineers, dated April 20, 1998, at a

10 total cost of $8,720,000, with an estimated Federal

11 cost of $5,567,000 and an estimated non-Federal cost

12 of $3,153,000.

13 (6) PARK RIVER, NORTH DAKOTA.—

14 (A) IN GENERAL.—Subject to the condition

15 stated in subparagraph (B), the project for flood

16 control, Park River, Grafton, North Dakota, au17 thorized by section 401(a) of the Water Resources

18 Development Act of 1986 (100 Stat. 4121) and

19 deauthorized under section 1001(a) of the Water

20 Resources Development Act of 1986 (33 U.S.C.

21 579a), is authorized to be carried out by the Sec22 retary at a total cost of $27,300,000, with an es23 timated Federal cost of $17,745,000 and an esti24 mated non-Federal cost of $9,555,000.
36

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1 (B) CONDITION.—No construction may be

2 initiated unless the Secretary determines through

3 a general reevaluation report using current data,

4 that the project is technically sound, environ5 mentally acceptable, and economically justified.

6 (b) PROJECTS SUBJECT TO A FINAL REPORT.—The

7 following projects for water resources development and con8 servation and other purposes are authorized to be carried

9 out by the Secretary substantially in accordance with the

10 plans, and subject to the conditions recommended in a final

11 report of the Chief of Engineers as approved by the Sec12 retary, if the report of the Chief is completed not later than

13 December 31, 1998.

14 (1) HAMILTON AIRFIELD WETLAND RESTORA15 TION, CALIFORNIA.—The project for environmental

16 restoration at Hamilton Airfield, California, at a

17 total cost of $39,000,000, with an estimated Federal

18 cost of $29,000,000 and an estimated non-Federal cost

19 of $10,000,000.

20 (2) OAKLAND, CALIFORNIA.—

21 (A) IN GENERAL.—The project for naviga22 tion and environmental restoration, Oakland,

23 California, at a total cost of $202,000,000, with

24 an estimated Federal cost of $120,000,000 and

25 an estimated non-Federal cost of $82,000,000.
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1 (B) BERTHING AREAS AND OTHER LOCAL

2 SERVICE FACILITIES.—The non-Federal interests

3 shall provide berthing areas and other local serv4 ice facilities necessary for the project at an esti5 mated cost of $43,000,000.

6 (3) SOUTH SACRAMENTO COUNTY STREAMS,

7 CALIFORNIA.—The project for flood damage reduction,

8 environmental restoration and recreation, South Sac9 ramento County Streams, California at a total cost of

10 $64,770,000, with an estimated Federal cost of

11 $38,840,000 and an estimated non-Federal cost of

12 $25,930,000.

13 (4) UPPER GUADALUPE RIVER, CALIFORNIA.—

14 The Secretary may construct the locally preferred

15 plan for flood damage reduction and recreation,

16 Upper Guadalupe River, California, described as the

17 Bypass Channel Plan of the Chief of Engineers, at a

18 total cost of $132,836,000, with an estimated Federal

19 cost of $42,869,000 and an estimated non-Federal cost

20 of $89,967,000.

21 (5) YUBA RIVER BASIN, CALIFORNIA.—The

22 project for flood damage reduction, Yuba River Basin,

23 California at a total cost of $25,850,000 with an esti24 mated Federal cost of $16,775,000 and an estimated

25 non-Federal cost of $9,075,000.
38

•S 2131 RS

1 (6) DELAWARE BAY COASTLINE: DELAWARE AND

2 NEW JERSEY-BROADKILL BEACH, DELAWARE.—

3 (A) IN GENERAL.—The shore protection

4 project for hurricane and storm damage reduc5 tion, Delaware Bay Coastline: Delaware and

6 New Jersey-Broadkill Beach, Delaware at a total

7 cost of $8,871,000, with an estimated Federal

8 cost of $5,593,000 and an estimated non-Federal

9 cost of $3,278,000.

10 (B) PERIODIC NOURISHMENT.—Periodic

11 nourishment is authorized for a 50-year period

12 at an estimated average annual cost of $651,000,

13 with an estimated annual Federal cost of

14 $410,000 and an estimated annual non-Federal

15 cost of $241,000.

16 (7) DELAWARE BAY COASTLINE: DELAWARE AND

17 NEW JERSEY-PORT MAHON, DELAWARE.—

18 (A) IN GENERAL.—The shore protection

19 project for ecosystem restoration, Delaware Bay

20 Coastline: Delaware and New Jersey-Port

21 Mahon, Delaware at a total cost of $7,563,000,

22 with an estimated Federal cost of $4,916,000 and

23 an estimated non-Federal cost of $2,647,000.

24 (B) PERIODIC NOURISHMENT.—Periodic

25 nourishment is authorized for a 50-year period
39

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1 at an estimated average annual cost of $238,000,

2 with an estimated annual Federal cost of

3 $155,000 and an estimated annual non-Federal

4 cost of $83,000.

5 (8) DELAWARE BAY COASTLINE: DELAWARE AND

6 NEW JERSEY-ROOSEVELT INLET-LEWES BEACH, DELA7 WARE.—

8 (A) IN GENERAL.—The shore protection

9 project for navigation mitigation and hurricane

10 and storm damage reduction, Delaware Bay

11 Coastline: Delaware and New Jersey-Roosevelt

12 Inlet-Lewes Beach, Delaware at a total cost of

13 $3,326,000, with an estimated Federal cost of

14 $2,569,000 and an estimated non-Federal cost of

15 $2,647,000.

16 (B) PERIODIC NOURISHMENT.—Periodic

17 nourishment is authorized for a 50-year period

18 at an estimated average annual cost of $207,000,

19 with an estimated annual Federal cost of

20 $159,000 and an estimated annual non-Federal

21 cost of $47,600.

22 (9) DELAWARE COAST FROM CAPE HENELOPEN

23 TO FENWICK ISLAND, BETHANY BEACH/SOUTH BETH24 ANY BEACH, DELAWARE.—
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•S 2131 RS

1 (A) IN GENERAL.—The shore protection

2 project for hurricane storm damage reduction,

3 Delaware Coast from Cape Henelopen to

4 Fenwick Island, Bethany Beach/South Bethany

5 Beach, Delaware at a total cost of $22,094,000,

6 with an estimated Federal cost of $14,361,000

7 and an estimated non-Federal cost of $7,773,000.

8 (B) PERIODIC NOURISHMENT.—Periodic

9 nourishment is authorized for a 50-year period

10 at an estimated average annual cost of

11 $1,573,000, with an estimated annual Federal

12 cost of $1,022,000 and an estimated annual non13 Federal cost of $551,000.

14 (10) JACKSONVILLE HARBOR, FLORIDA.—The

15 project for navigation, Jacksonville Harbor, Florida

16 at a total cost of $27,758,000, with an estimated Fed17 eral cost of $9,632,000 and an estimated non-Federal

18 cost of $18,126,000.

19 (11) LITTLE TALBOT ISLAND, DUVAL COUNTY,

20 FLORIDA.—The shore protection project for hurricane

21 and storm damage prevention, Little Talbot Island,

22 Duval County, Florida at a total cost of $5,802,000,

23 with an estimated Federal cost of $3,771,000 and an

24 estimated non-Federal cost of $2,031,000.
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1 (12) PONCE DE LEON INLET, VOLUSIA COUNTY,

2 FLORIDA.—The project for navigation and recreation,

3 Ponce de Leon Inlet, Volusia County, Florida at a

4 total cost of $5,533,000, with an estimated Federal

5 cost of $3,408,000 and an estimated non-Federal cost

6 of $2,125,000.

7 (13) TAMPA HARBOR-BIG BEND CHANNEL, FLOR8 IDA.—The project for navigation, Tampa Harbor-Big

9 Bend Channel, Florida at a total cost of $11,348,000,

10 with an estimated Federal cost of $5,747,000 and an

11 estimated non-Federal cost of $5,601,000.

12 (14) BRUNSWICK HARBOR DEEPENING, GEOR13 GIA.—The project for navigation, Brunswick Harbor

14 Deepening, Georgia at a total cost of $49,433,000,

15 with an estimated Federal cost of $32,083,000 and an

16 estimated non-Federal cost of $17,350,000.

17 (15) SAVANNAH HARBOR EXPANSION, GEOR18 GIA.—The project for navigation, Savannah Harbor

19 Expansion, Georgia at a total cost of $195,302,000,

20 with an estimated Federal cost of $84,423,000 and an

21 estimated non-Federal cost of $110,879,000.

22 (16) GRAND FORKS, NORTH DAKOTA, AND EAST

23 GRAND FORKS, MINNESOTA.—The project for flood

24 damage reduction and recreation, Grand Forks, North

25 Dakota and East Grand Forks, Minnesota at a total
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1 cost of $281,754,000, with an estimated Federal cost

2 of $140,877,000 and an estimated non-Federal cost of

3 $140,877,000.

4 (17) BAYOU CASSOTTE EXTENSION, PASCAGOULA

5 HARBOR, PASCAGOULA, MISSISSIPPI.—The project for

6 navigation, Bayou Cassotte Extension, Pascagoula

7 Harbor, Pascagoula, Mississippi at a total cost of

8 $5,700,000, with an estimated Federal cost of

9 $4,300,000 and an estimated non-Federal cost of

10 $1,400,000.

11 (18) TURKEY CREEK BASIN, KANSAS CITY, MIS12 SOURI AND KANSAS CITY, KANSAS.—The project for

13 flood damage reduction, Turkey Creek Basin, Kansas

14 City, Missouri and Kansas City, Kansas at a total

15 cost of $38,594,000 with an estimated Federal cost of

16 $22,912,000 and an estimated non-Federal cost of

17 $15,682,000.

18 (19) LOWER CAPE MAY MEADOWS, CAPE MAY

19 POINT, NEW JERSEY.—

20 (A) IN GENERAL.—The shore protection

21 project for navigation mitigation, ecosystem res22 toration and hurricane and storm damage reduc23 tion, Lower Cape May Meadows, Cape May

24 Point, New Jersey at a total cost of $14,885,000,
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1 with an estimated Federal cost of $11,390,000

2 and an estimated non-Federal cost of $3,495,000.

3 (B) PERIODIC NOURISHMENT.—Periodic

4 nourishment is authorized for a 50-year period

5 at an estimated average annual cost of

6 $4,565,000, with an estimated annual Federal

7 cost of $3,674,000 and an estimated annual non8 Federal cost of $891,000.

9 (20) NEW JERSEY SHORE PROTECTION, BRIGAN10 TINE INLET TO GREAT EGG HARBOR, BRIGANTINE IS11 LAND, NEW JERSEY.—

12 (A) IN GENERAL.—The shore protection

13 project for hurricane and storm damage reduc14 tion, New Jersey Shore Protection, Brigantine

15 Inlet to Great Egg Harbor, Brigantine Island,

16 New Jersey at a total cost of $4,861,000, with an

17 estimated Federal cost of $3,160,000 and an esti18 mated non-Federal cost of $1,701,000.

19 (B) PERIODIC NOURISHMENT.—Periodic

20 nourishment is authorized for a 50-year period

21 at an estimated average annual cost of

22 $2,600,000, with an estimated annual Federal

23 cost of $1,700,000 and an estimated annual non24 Federal cost of $900,000.
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1 (21) NEW JERSEY SHORE PROTECTION, TOWN2 SENDS INLET TO CAPE MAY INLET, NEW JERSEY.—

3 (A) IN GENERAL.—The shore protection

4 project for hurricane and storm damage reduc5 tion and ecosystem restoration, New Jersey

6 Shore Protection, Townsends Inlet to Cape May

7 Inlet, New Jersey at a total cost of $55,203,000,

8 with an estimated Federal cost of $35,882,000

9 and an estimated non-Federal cost of

10 $19,321,000.

11 (B) PERIODIC NOURISHMENT.—Periodic

12 nourishment is authorized for a 50-year period

13 at an estimated average annual cost of

14 $6,319,000, with an estimated annual Federal

15 cost of $4,107,000 and an estimated annual non16 Federal cost of $2,212,000.

17 SEC. 103. PROJECT MODIFICATIONS.

18 (a) PROJECTS WITH REPORTS.—

19 (1) GLENN-COLUSA, CALIFORNIA.—The project

20 for flood control, Sacramento River California, au21 thorized by section 2 of the Act entitled ‘‘An Act to

22 provide for the control of floods of the Mississippi

23 River and of the Sacramento River, and for other

24 purposes’’, approved March 1, 1917 (39 Stat. 949),

25 and modified by section 102 of the Energy and Water
45

•S 2131 RS

1 Development Appropriations Act, 1990 (103 Stat.

2 649), and further modified by section 301(b)(3) of the

3 Water Resources Development Act of 1996 (110 Stat.

4 3709) is further modified to authorize the Secretary

5 to carry out the portion of the project in Glenn6 Colusa, California in accordance with the Corps of

7 Engineers report dated May 22, 1998, at a total cost

8 of $20,700,000, with an estimated Federal cost of

9 $15,570,000 and an estimated non-Federal cost of

10 $5,130,000.

11 (2) SAN LORENZO RIVER, CALIFORNIA.—The

12 project for flood control, San Lorenzo River, Califor13 nia, authorized by section 101(a)(5) of Public Law

14 104–303 (110 Stat. 3663), is modified to authorize

15 the Secretary to include as a part of the project

16 streambank erosion control measures to be undertaken

17 substantially in accordance with the report entitled

18 ‘‘Bank Stabilization Concept, Laurel Street Exten19 sion’’, dated April 23, 1998, at a total cost of

20 $4,000,000, with an estimated Federal cost of

21 $2,600,000 and an estimated non-Federal cost of

22 $1,400,000.

23 (3) WOOD RIVER, GRAND ISLAND, NEBRASKA.—

24 The project for flood control, Wood River, Grand Is25 land, Nebraska, authorized by section 101(a)(19) of
46

•S 2131 RS

1 the Water Resources Development Act of 1996 (110

2 Stat. 3665) is modified to authorize the Secretary to

3 construct the project in accordance with the Corps of

4 Engineers report dated June 29, 1998, at a total cost

5 of $16,632,000, with an estimated Federal cost of

6 $9,508,000 and an estimated non-Federal cost of

7 $7,124,000.

8 (4) ABSECON ISLAND, NEW JERSEY.—The project

9 for Absecon Island, New Jersey, authorized by section

10 101(h)(13) of the Water Resources Development Act of

11 1996 (110 Stat. 3668) is amended to authorize the

12 Secretary to reimburse the non-Federal sponsor for all

13 work performed, consistent with the authorized

14 project.

15 (5) WAURIKA LAKE, OKLAHOMA, WATER CONVEY16 ANCE FACILITIES.—The requirement for the Waurika

17 Project Master Conservancy District to repay the

18 $2,900,000 in costs (including interest) resulting from

19 the October 1991 settlement of the claim of the Travel20 ers Insurance Company before the United States

21 Claims Court related to construction of the water con22 veyance facilities authorized by Public Law 88–253

23 (77 Stat. 841) is waived.

24 (b) PROJECTS SUBJECT TO REPORTS.—The following

25 projects are modified as follows, except that no funds may
47

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1 be obligated to carry out work under such modifications

2 until completion of a final report by the Chief of Engineers,

3 as approved by the Secretary, finding that such work is

4 technically sound, environmentally acceptable, and eco5 nomically justified, as applicable:

6 (1) SACRAMENTO METRO AREA, CALIFORNIA.—

7 The project for flood control, Sacramento Metro Area,

8 California authorized by section 101(4) of the Water

9 Resources Development Act of 1992 (106 Stat. 4801)

10 is modified to authorize the Secretary to construct the

11 project at a total cost of $32,900,000, with an esti12 mated Federal cost of $24,700,000 and an estimated

13 non-Federal cost of $8,200,000.

14 (2) NEW YORK HARBOR AND ADJACENT CHAN15 NELS, PORT JERSEY, NEW JERSEY.—The project for

16 navigation, New York Harbor and Adjacent Channels,

17 Port Jersey, New Jersey, authorized by section 202(b)

18 of the Water Resources Development Act of 1986 (100

19 Stat. 4098) is modified to authorize the Secretary to

20 construct the project at a total cost of $100,689,000,

21 with an estimated Federal cost of $74,998,000 and an

22 estimated non-Federal cost of $25,701,000.

23 (3) ARTHUR KILL, NEW YORK AND NEW JER24 SEY.—The project for navigation, Arthur Kill, New

25 York and New Jersey, authorized by section 202(b) of
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1 the Water Resources Development Act of 1986 (100

2 Stat. 4098) and modified by section 301(b)(11) of the

3 Water Resources Development Act of 1996 (110 Stat.

4 3711) is further modified to authorize the Secretary

5 to construct the project at a total cost of

6 $260,899,000, with an estimated Federal cost of

7 $195,705,000 and an estimated non-Federal cost of

8 $65,194,000.

9 (c) BEAVER LAKE, ARKANSAS, WATER SUPPLY STOR10 AGE REALLOCATION.—The Secretary shall reallocate ap11 proximately 31,000 additional acre-feet at Beaver Lake, Ar12 kansas, to water supply storage at no cost to the Beaver

13 Water District or the Carroll-Boone Water District, except

14 that at no time shall the bottom of the conservation pool

15 be at an elevation that is less than 1,076 feet, NGVD.

16 (d) TOLCHESTER CHANNEL S-TURN, BALTIMORE,

17 MARYLAND.—The project for navigation, Baltimore Harbor

18 and Channels, Maryland, authorized by section 101 of the

19 River and Harbor Act of 1958 (72 Stat. 297), is modified

20 to direct the Secretary to straighten the Tolchester Channel

21 S-turn as part of project maintenance.

22 (e) TROPICANA WASH AND FLAMINGO WASH, NE23 VADA.—Any Federal costs associated with the Tropicana

24 and Flamingo Washes, Nevada, authorized by section

25 101(13) of the Water Resources Development Act of 1992
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1 (106 Stat. 4803), incurred by the non-Federal interest to

2 accelerate or modify construction of the project, in coopera3 tion with the Corps of Engineers, shall be considered to be

4 eligible for reimbursement by the Secretary.

5 (f) FLOOD MITIGATION NEAR PIERRE, SOUTH DA6 KOTA.—

7 (1) IN GENERAL.—

8 (A) LAND ACQUISITION.—To provide full

9 operational capability to carry out the author10 ized purposes of the Missouri River Main Stem

11 dams that are part of the Pick-Sloan Missouri

12 River Basin Program authorized by section 9 of

13 the Act entitled ‘‘An Act authorizing the con14 struction of certain public works on rivers and

15 harbors for flood control, and other purposes’’

16 approved December 22, 1944, the Secretary may

17 acquire from willing sellers such land and prop18 erty in the vicinity of Pierre, South Dakota, or

19 floodproof or relocate such property within the

20 project area, as the Secretary determines is ad21 versely affected by the full wintertime Oahe Pow22 erplant releases.

23 (B) OWNERSHIP AND USE.—Any land that

24 is acquired under this authority shall be kept in

25 public ownership and will be dedicated and
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1 maintained in perpetuity for a use that is com2 patible with any remaining flood threat.

3 (C) REPORT.—

4 (i) IN GENERAL.—The Secretary shall

5 not obligate funds to implement this para6 graph until the Secretary has completed a

7 report addressing the criteria for selecting

8 which properties are to be acquired, relo9 cated or floodproofed, and a plan for imple10 menting such measures and has made a de11 termination that the measures are economi12 cally justified.

13 (ii) DEADLINE.—The report shall be

14 completed not later than 180 days after

15 funding is made available.

16 (D) COORDINATION AND COOPERATION.—

17 The report and implementation plan—

18 (i) shall be coordinated with the Fed19 eral Emergency Management Agency; and

20 (ii) shall be prepared in consultation

21 with other Federal agencies, and State and

22 local officials, and residents.

23 (E) CONSIDERATIONS.—Such report should

24 take into account information from prior and

25 ongoing studies.
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1 (2) AUTHORIZATION OF APPROPRIATIONS.—

2 There is authorized to be appropriated to carry out

3 this subsection $35,000,000.

4 (g) BEACH EROSION CONTROL AND HURRICANE PRO5 TECTION, VIRGINIA BEACH, VIRGINIA.—

6 (1) ACCEPTANCE OF FUNDS.—In any fiscal year

7 that the Corps of Engineers does not receive appro8 priations sufficient to meet expected project expendi9 tures for that year, the Secretary shall accept from the

10 city of Virginia Beach, Virginia, for purposes of the

11 project for beach erosion control and hurricane protec12 tion, Virginia Beach, Virginia, authorized by section

13 501(a) of the Water Resources Development Act of

14 1986 (100 Stat. 4136), such funds as the city may

15 advance for the project.

16 (2) REPAYMENT.—Subject to the availability of

17 appropriations, the Secretary shall repay, without in18 terest, the amount of any advance made under para19 graph (1), from appropriations that may be provided

20 by Congress for river and harbor, flood control, shore

21 protection, and related projects.

22 (h) ELIZABETH RIVER, CHESAPEAKE, VIRGINIA.—

23 Notwithstanding any other provision of law, after the date

24 of enactment of this Act, the city of Chesapeake, Virginia,

25 shall not be obligated to make the annual cash contribution
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1 required under paragraph 1(9) of the Local Cooperation

2 Agreement dated December 12, 1978, between the Govern3 ment and the city for the project for navigation, southern

4 branch of Elizabeth River, Chesapeake, Virginia.

5 (i) PAYMENT OPTION, MOOREFIELD, WEST VIR6 GINIA.—The Secretary may permit the non-Federal sponsor

7 for the project for flood control, Moorefield, West Virginia,

8 to pay without interest the remaining non-Federal cost over

9 a period not to exceed 30 years, to be determined by the

10 Secretary.

11 SEC. 104. PROJECT DEAUTHORIZATIONS.

12 (a) BRIDGEPORT HARBOR, CONNECTICUT.—The por13 tion of the project for navigation, Bridgeport Harbor, Con14 necticut authorized by section 101 of the River and Harbor

15 Act of 1958 (72 Stat. 297), consisting of a 2.4-acre anchor16 age area 9 feet deep and an adjacent 0.60-acre anchorage

17 6 feet deep, located on the west side of Johnsons River, Con18 necticut, is not authorized after the date of enactment of

19 this Act.

20 (b) BASS HARBOR, MAINE.—

21 (1) DEAUTHORIZATION.—The portions of the

22 project for navigation, Bass Harbor, Maine, author23 ized on May 7, 1962, under section 107 of the River

24 and Harbor Act of 1960 (33 U.S.C. 577) described in
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1 paragraph (2) are not authorized after the date of en2 actment of this Act.

3 (2) DESCRIPTION.—The portions of the project

4 referred to in paragraph (1) are described as follows:

5 (A) Beginning at a bend in the project,

6 N149040.00, E538505.00, thence running eas7 terly about 50.00 feet along the northern limit of

8 the project to a point N149061.55, E538550.11,

9 thence running southerly about 642.08 feet to a

10 point, N148477.64, E538817.18, thence running

11 southwesterly about 156.27 feet to a point on the

12 westerly limit of the project, N148348.50,

13 E538737.02, thence running northerly about

14 149.00 feet along the westerly limit of the project

15 to a bend in the project, N148489.22,

16 E538768.09, thence running northwesterly about

17 610.39 feet along the westerly limit of the project

18 to the point of origin.

19 (B) Beginning at a point on the westerly

20 limit of the project, N148118.55, E538689.05,

21 thence running southeasterly about 91.92 feet to

22 a point, N148041.43, E538739.07, thence run23 ning southerly about 65.00 feet to a point,

24 N147977.86, E538725.51, thence running south25 westerly about 91.92 feet to a point on the west-
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1 erly limit of the project, N147927.84,

2 E538648.39, thence running northerly about

3 195.00 feet along the westerly limit of the project

4 to the point of origin.

5 (c) EAST BOOTHBAY HARBOR, MAINE.—Section 364

6 of the Water Resources Development Act of 1996 (110 Stat.

7 3731) is amended by striking paragraph (9) and inserting

8 the following:

9 ‘‘(9) EAST BOOTHBAY HARBOR, MAINE.—The

10 project for navigation, East Boothbay Harbor, Maine,

11 authorized by the first section of the Act entitled ‘‘An

12 Act making appropriations for the construction, re13 pair, and preservation of certain public works on riv14 ers and harbors, and for other purposes’’, approved

15 June 25, 1910 (36 Stat. 657).’’.

16 SEC. 105. STUDIES.

17 (a) BALDWIN COUNTY, ALABAMA, WATERSHEDS.—The

18 Secretary of the Army shall review the report of the Chief

19 of Engineers on the Alabama Coast published as House Doc20 ument 108, 90th Congress, 1st Session, and other pertinent

21 reports with a view to determining whether modifications

22 of the recommendations contained in the House Document

23 are advisable at this time in the interest of flood damage

24 reduction, environmental restoration and protection, water

25 quality, and other purposes, with a special emphasis on de-
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1 termining the advisability of developing a comprehensive

2 coordinated watershed management plan for the develop3 ment, conservation, and utilization of water and related

4 land resources in the watersheds in Baldwin County, Ala5 bama.

6 (b) ESCAMBIA RIVER, ALABAMA AND FLORIDA.—

7 (1) IN GENERAL.—The Secretary shall review the

8 report of the Chief of Engineers on the Escambia

9 River, Alabama and Florida, published as House

10 Document 350, 71st Congress, 2d Session, and other

11 pertinent reports, to determine whether modifications

12 of any of the recommendations contained in the

13 House Document are advisable at this time with par14 ticular reference to Burnt Corn Creek and Murder

15 Creek in the vicinity of Brewton, and East Brewton,

16 Alabama, and the need for flood control, floodplain

17 evacuation, flood warning and preparedness, environ18 mental restoration and protection, and bank sta19 bilization in those areas.

20 (2) COORDINATION.—The review shall be coordi21 nated with plans of other local and Federal agencies.

22 (c) STRAWBERRY CREEK, BERKELEY, CALIFORNIA.—

23 The Secretary shall conduct a study to determine the fea24 sibility of restoring Strawberry Creek, Berkeley, California,

25 to determine the Federal interest in environmental restora-
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1 tion, conservation of fish and wildlife resources, recreation,

2 and water quality.

3 (d) WEST SIDE STORM WATER RETENTION FACILITY,

4 CITY OF LANCASTER, CALIFORNIA.—The Secretary shall

5 conduct a study to determine the feasibility of undertaking

6 measures to construct the West Side Storm Water Retention

7 Facility in the city of Lancaster, California.

8 (e) APALACHICOLA RIVER, FLORIDA.—The Secretary

9 shall conduct a study for the purpose of identifying—

10 (1) alternatives for the management of material

11 dredged in connection with operation and mainte12 nance of the Apalachicola River Navigation Project;

13 and

14 (2) alternatives which reduce the requirements

15 for such dredging.

16 (f) BROWARD COUNTY, SAND BYPASSING AT PORT EV17 ERGLADES, FLORIDA.—The Secretary shall conduct a study

18 to determine the feasibility of constructing a sand bypass19 ing project at the Port Everglades Inlet, Florida.

20 (g) CITY OF DESTIN-NORIEGA POINT BREAKWATER,

21 FLORIDA.—The Secretary shall conduct a study to deter22 mine the feasibility of—

23 (1) restoring Noriega Point, Florida, to serve as

24 a breakwater for Destin Harbor; and
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1 (2) including Noriega Point as part of the East

2 Pass, Florida navigation project.

3 (h) GATEWAY TRIANGLE REDEVELOPMENT AREA,

4 FLORIDA.—

5 (1) IN GENERAL.—The Secretary shall conduct a

6 study to determine the feasibility of undertaking

7 measures to reduce the flooding problems in the vicin8 ity of Gateway Triangle Redevelopment Area, Flor9 ida.

10 (2) STUDIES AND REPORTS.—The study shall in11 clude a review and consideration of studies and re12 ports completed by the non-Federal sponsor.

13 (i) HILLSBOROUGH RIVER, WITHLACOOCHEE RIVER

14 BASINS, FLORIDA.—The Secretary shall conduct a study to

15 identify appropriate measures that can be undertaken in

16 the Green Swamp, Withlacoochee River, and the

17 Hillsborough River, the Water Triangle of west central

18 Florida to address comprehensive watershed planning for

19 water conservation, water supply, restoration and protec20 tion of environmental resources, and other water resource21 related problems in the area.

22 (j) CITY OF PLANT CITY, FLORIDA.—

23 (1) IN GENERAL.—The Secretary shall conduct a

24 study to determine the feasibility of a flood control

25 project in the city of Plant City, Florida.
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1 (2) STUDIES AND REPORTS.—In conducting the

2 study, the Secretary shall review and consider studies

3 and reports completed by the non-Federal sponsor.

4 (k) ST. LUCIE COUNTY, FLORIDA, SHORE PROTEC5 TION.—The Secretary shall conduct a study to determine

6 the feasibility of a shore protection and hurricane and

7 storm damage reduction project to the shoreline areas in

8 St. Lucie County from the current project for Fort Pierce

9 Beach, Florida southward to the Martin County line.

10 (l) ACADIANA NAVIGATION CHANNEL, LOUISIANA.—

11 The Secretary shall conduct a study to determine the fea12 sibility of assuming operations and maintenance for the

13 Acadiana Navigational Channel located in Iberia and Ver14 million Parishes, Louisiana.

15 (m) CONTRABAND BAYOU NAVIGATION CHANNEL, LOU16 ISIANA.—The Secretary shall conduct a study to determine

17 the feasibility of assuming the maintenance at Contraband

18 Bayou, Calcasieu River Ship Canal, Louisiana.

19 (n) GOLDEN MEADOW LOCK, LOUISIANA.—The Sec20 retary shall conduct a study to determine the feasibility of

21 converting the Golden Meadow floodgate into a navigation

22 lock to be included in the Larose to Golden Meadow Hurri23 cane Protection project.
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1 (o) GULF INTRACOASTAL WATERWAY ECOSYSTEM

2 PROTECTION, CHEF MENTEUR TO SABINE RIVER, LOUISI3 ANA.—

4 (1) IN GENERAL.—The Secretary shall conduct a

5 study to determine the feasibility of undertaking eco6 system restoration and protection measures along the

7 Gulf Intracoastal Waterway from Chef Menteur to

8 Sabine River, Louisiana.

9 (2) MATTERS TO BE ADDRESSED.—The study

10 shall address saltwater intrusion, tidal scour, erosion,

11 and other water resources related problems in this

12 area.

13 (p) LAKE PONTCHARTRAIN, LOUISIANA, AND VICINITY,

14 ST. CHARLES PARISH PUMPS.—The Secretary shall con15 duct a study to determine the feasibility of modifying the

16 Lake Pontchartrain Hurricane Protection project to include

17 the St. Charles Parish Pumps and the modification of the

18 seawall fronting protection along Lake Pontchartrain in

19 Orleans, Parish, from New Basin Canal on the west to the

20 Inner Harbor Navigation Canal on the east.

21 (q) LAKE PONTCHARTRAIN AND VICINITY SEAWALL

22 RESTORATION, LOUISIANA.—The Secretary shall conduct a

23 study to determine the feasibility of undertaking structural

24 modifications of that portion of the seawall fronting protec25 tion along the south shore of Lake Pontchartrain in Orleans
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1 Parish, Louisiana, extending approximately 5 miles from

2 the new basin Canal on the west to the Inner Harbor Navi3 gation Canal on the east as a part of the Lake Pont4 chartrain and Vicinity Hurricane Protection Project, au5 thorized by section 204 of the Flood Control Act of 1965

6 (79 Stat. 1077).

7 (r) LOUISIANA STATE PENITENTIARY LEVEE.—The

8 Secretary shall conduct a study of the impacts of crediting

9 the non-Federal sponsor for work performed in the project

10 area of the Louisiana State Penitentiary Levee.

11 (s) TUNICA LAKE WEIR, MISSISSIPPI.—

12 (1) IN GENERAL.—The Secretary shall conduct a

13 study to determine the feasibility of constructing an

14 outlet weir at Tunica Lake, Tunica County, Mis15 sissippi, and Lee County, Arkansas, for the purpose

16 of stabilizing water levels in the Lake.

17 (2) ECONOMIC ANALYSIS.—In carrying out the

18 study, the Secretary shall include as a part of the eco19 nomic analysis the benefits derived from recreation

20 uses at the Lake and economic benefits associated

21 with restoration of fish and wildlife habitat.

22 (t) PROTECTIVE FACILITIES FOR THE ST. LOUIS, MIS23 SOURI, RIVERFRONT AREA.—

24 (1) STUDY.—The Secretary shall conduct a study

25 to determine the optimal plan to protect facilities that
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1 are located on the Mississippi River riverfront within

2 the boundaries of St. Louis, Missouri.

3 (2) REQUIREMENTS.—In conducting the study,

4 the Secretary—

5 (A) shall evaluate alternatives to offer safety

6 and security to facilities; and

7 (B) use state-of-the-art techniques to best

8 evaluate the current situation, probable solu9 tions, and estimated costs.

10 (3) REPORT.—Not later than April 15, 1999, the

11 Secretary shall submit to Congress a report on the re12 sults of the study.

13 (u) YELLOWSTONE RIVER, MONTANA.—

14 (1) STUDY.—The Secretary shall conduct a com15 prehensive study of the Yellowstone River from Gar16 diner, Montana to the confluence of the Missouri

17 River to determine the hydrologic, biological, and so18 cioeconomic cumulative impacts on the river.

19 (2) CONSULTATION AND COORDINATION.—The

20 Secretary shall conduct the study in consultation with

21 the United States Fish and Wildlife Service, the

22 United States Geological Survey, and the Natural Re23 source Conservation Service and with the full partici24 pation of the State of Montana, tribal and local enti25 ties, and provide for public participation.
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1 (3) REPORT.—Not later than 5 years after the

2 date of enactment of this Act, the Secretary shall sub3 mit a report to Congress on the results of the study.

4 (v) LAS VEGAS VALLEY, NEVADA.—

5 (1) IN GENERAL.—The Secretary shall conduct a

6 comprehensive study of water resources located in the

7 Las Vegas Valley, Nevada.

8 (2) OBJECTIVES.—The study shall identify prob9 lems and opportunities related to ecosystem restora10 tion, water quality, particularly the quality of surface

11 runoff, water supply, and flood control.

12 (w) CAMDEN AND GLOUCESTER COUNTIES, NEW JER13 SEY, STREAMS AND WATERSHEDS.—The Secretary shall

14 conduct a study to determine the feasibility of undertaking

15 ecosystem restoration, floodplain management, flood con16 trol, water quality control, comprehensive watershed man17 agement, and other allied purposes along tributaries of the

18 Delaware River, Camden County and Gloucester County,

19 New Jersey.

20 (x) OSWEGO RIVER BASIN, NEW YORK.—The Sec21 retary shall conduct a study to determine the feasibility of

22 establishing a flood forecasting system within the Oswego

23 River basin, New York.

24 (y) PORT OF NEW YORK-NEW JERSEY NAVIGATION

25 STUDY AND ENVIRONMENTAL RESTORATION STUDY.—
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1 (1) NAVIGATION STUDY.—The Secretary shall

2 conduct a comprehensive study of navigation needs at

3 the Port of New York-New Jersey (including the

4 South Brooklyn Marine and Red Hook Container

5 Terminals, Staten Island, and adjacent areas) to ad6 dress improvements, including deepening of existing

7 channels to depths of 50 feet or greater, that are re8 quired to provide economically efficient and environ9 mentally sound navigation to meet current and future

10 requirements.

11 (2) ENVIRONMENTAL REMEDIATION STUDY.—The

12 Secretary, acting through the Chief of Engineers, shall

13 review the reports of the Chief of Engineers on the

14 New York Harbor, printed in the House Management

15 Plan of the Harbor Estuary Program, and other per16 tinent reports concerning the New York Harbor Re17 gion and the Port of New York-New Jersey, to deter18 mine Federal interest in advancing harbor environ19 mental restoration.

20 (3) REPORT.—Both studies shall be completed by

21 December, 1999, to identify opportunities to link

22 navigation improvements with possible environmental

23 restoration projects.

24 (z) NIOBRARA RIVER AND MISSOURI RIVER SEDI25 MENTATION STUDY, SOUTH DAKOTA.—The Secretary shall
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1 conduct a study of the Niobrara River watershed and the

2 operations of Fort Randall Dam and Gavins Point Dam

3 on the Missouri River to determine the feasibility of alle4 viating the bank erosion, sedimentation, and related prob5 lems in the lower Niobrara River and the Missouri River

6 below Fort Randall Dam.

7 (aa) CITY OF OCEAN SHORES SHORE PROTECTION

8 PROJECT, WASHINGTON.—The Secretary shall conduct a

9 study to determine the feasibility of undertaking the project

10 for beach erosion and flood control, including relocation of

11 a primary dune and periodic nourishment, at Ocean

12 Shores, Washington.

13 (bb) ALTERNATIVE WATER SOURCES STUDY.—

14 (1) IN GENERAL.—The Administrator of the En15 vironmental Protection Agency shall conduct a study

16 of the water supply needs of States that are not cur17 rently eligible for assistance under title XVI of the

18 Reclamation Projects Authorization and Adjustment

19 Act of 1992 (43 U.S.C. 390h et seq.).

20 (2) REQUIREMENTS.—The study shall—

21 (A) identify the water supply needs (includ22 ing potable, commercial, industrial, recreational

23 and agricultural needs) of each State described

24 in paragraph (1) through the year 2020, making
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1 use of such State, regional, and local plans, stud2 ies, and reports as may be available;

3 (B) evaluate the feasibility of various alter4 native water source technologies such as reuse

5 and reclamation of wastewater and stormwater

6 (including indirect potable reuse), aquifer stor7 age and recovery, and desalination to meet the

8 anticipated water supply needs of the States;

9 and

10 (C) assess how alternative water sources

11 technologies can be utilized to meet the identified

12 needs.

13 (3) REPORT.—The Administrator shall report to

14 Congress on the results of the study not more than

15 180 days after the date of enactment of this Act.

16 SEC. 106. FLOOD HAZARD MITIGATION AND RIVERINE ECO17 SYSTEM RESTORATION PROGRAM.

18 (a) IN GENERAL.—

19 (1) AUTHORIZATION.—The Secretary may un20 dertake a program to reduce flood hazards and restore

21 the natural functions and values of riverine eco22 systems throughout the United States.

23 (2) STUDIES.—In carrying out the program, the

24 Secretary shall conduct studies to identify appro25 priate flood damage reduction, conservation, and res-
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1 toration measures and may design and implement

2 watershed management and restoration projects.

3 (3) PARTICIPATION.—The studies and projects

4 carried out under this authority shall be conducted,

5 to the extent practicable, with the full participation

6 of the appropriate Federal agencies, including the De7 partment of Agriculture, the Federal Emergency Man8 agement Agency, the Department of the Interior, the

9 Environmental Protection Agency, and the Depart10 ment of Commerce.

11 (4) NONSTRUCTURAL APPROACHES.—The studies

12 and projects shall, to the extent practicable, emphasize

13 nonstructural approaches to preventing or reducing

14 flood damages.

15 (b) COST-SHARING REQUIREMENTS.—

16 (1) IN GENERAL.—The cost of studies conducted

17 under subsection (a) shall be shared in accordance

18 with section 105 of the Water Resources Development

19 Act of 1986 (100 Stat. 4088; 110 Stat. 3677).

20 (2) PAYMENT PERCENTAGE.—The non-Federal

21 interests shall pay 35 percent of the cost of any

22 project carried out under this section.

23 (3) IN-KIND CONTRIBUTIONS.—The non-Federal

24 interests shall provide all land, easements, rights-of25 way, dredged material disposal areas, and relocations
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1 necessary for the projects, and the value of the land,

2 easements, rights-of-way, dredged material disposal

3 areas, and relocations shall be credited toward the

4 payment required under this subsection.

5 (4) RESPONSIBILITIES OF THE NON-FEDERAL IN6 TERESTS.—The non-Federal interests shall be respon7 sible for all costs associated with operating, maintain8 ing, replacing, repairing, and rehabilitating all

9 projects carried out under this authority.

10 (c) PROJECT JUSTIFICATION.—

11 (1) IN GENERAL.—The Secretary may implement

12 a project under this section if the Secretary deter13 mines that the project—

14 (A) will significantly reduce potential flood

15 damages;

16 (B) will improve the quality of the environ17 ment; and

18 (C) is justified considering all costs and

19 beneficial outputs of the project.

20 (2) SELECTION CRITERIA; POLICIES AND PROCE21 DURES.—Not later than 180 days after the date of en22 actment of this Act, the Secretary shall—

23 (A) develop criteria for selecting and rating

24 the projects to be carried out as a part of the

25 program authorized by this section; and
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1 (B) establish policies and procedures for

2 carrying out the studies and projects undertaken

3 under this section.

4 (d) REPORTING REQUIREMENT.—The Secretary may

5 not implement a project under this section until—

6 (1) the Secretary provides to the Committee on

7 the Environment and Public Works of the Senate and

8 the Committee on Transportation and Infrastructure

9 of the House of Representatives a written notification

10 describing the project and the determinations made

11 under subsection (c); and

12 (2) a period of 21 calendar days has expired fol13 lowing the date on which the notification was received

14 by the Committees.

15 (e) PRIORITY AREAS.—In carrying out this section,

16 the Secretary shall examine the potential for flood damage

17 reductions at appropriate locations, including—

18 (1) Saint Genevieve, Missouri;

19 (2) upper Delaware River basin, New York;

20 (3) Tillamook County, Oregon;

21 (4) Providence County, Rhode Island; and

22 (5) Willamette River basin, Oregon.

23 (f) PER-PROJECT LIMITATION.—Not more than

24 $25,000,000 in Army Civil Works appropriations may be
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1 expended on any single project undertaken under this sec2 tion.

3 (g) AUTHORIZATION OF APPROPRIATIONS.—

4 (1) IN GENERAL.—There is authorized to be ap5 propriated to carry out this section $75,000,000 for

6 the period of fiscal years 2000 and 2001.

7 (2) PROGRAM FUNDING LEVELS.—All studies

8 and projects undertaken under this authority from

9 Army Civil Works appropriations shall be fully fund10 ed within the program funding levels provided in this

11 subsection.

12 SEC. 107. SHORE PROTECTION.

13 Section 103(d) of the Water Resources Development

14 Act of 1986 (100 Stat. 4085) is amended—

15 (1) by striking ‘‘Costs of construction’’ and in16 serting the following:

17 ‘‘(1) CONSTRUCTION.—Costs of construction’’;

18 and

19 (2) by adding at the end the following:

20 ‘‘(2) PERIODIC NOURISHMENT.—In the case of a

21 project authorized for construction after December 31,

22 1998, or for which a feasibility study is completed

23 after that date, the non-Federal cost of the periodic

24 nourishment of projects or measures for shore protec-
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1 tion or beach erosion control shall be 50 percent, ex2 cept that—

3 ‘‘(A) all costs assigned to benefits to pri4 vately owned shores (where use of such shores is

5 limited to private interests) or to prevention of

6 losses of private land shall be borne by non-Fed7 eral interests; and

8 ‘‘(B) all costs assigned to the protection of

9 federally owned shores shall be borne by the

10 United States.’’.

11 SEC. 108. SMALL FLOOD CONTROL PROJECTS.

12 Section 205 of the Flood Control Act of 1948 (33

13 U.S.C. 701s) is amended—

14 (1) in the first sentence, by striking ‘‘construc15 tion of small projects’’ and inserting ‘‘implementation

16 of small structural and nonstructural projects’’; and

17 (2) in the third sentence, by striking

18 ‘‘$5,000,000’’ and inserting ‘‘$7,000,000’’.

19 SEC. 109. USE OF NON-FEDERAL FUNDS FOR COMPILING

20 AND DISSEMINATING INFORMATION ON

21 FLOODS AND FLOOD DAMAGES.

22 The third sentence of section 206(b) of the Flood Con23 trol Act of 1960 (33 U.S.C. 709a(b)) is amended by insert24 ing before the period at the end the following: ‘‘, but the

25 Secretary of the Army may accept funds voluntarily con-
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1 tributed by such entities for the purpose of expanding the

2 scope of the services requested by the entities’’.

3 SEC. 110. EVERGLADES AND SOUTH FLORIDA ECOSYSTEM

4 RESTORATION.

5 Subparagraphs (B) and (C)(i) of section 528(b)(3) of

6 the Water Resources Development Act of 1996 (110 Stat.

7 3769) are amended by striking ‘‘1999’’ and inserting

8 ‘‘2000’’.

9 SEC. 111. AQUATIC ECOSYSTEM RESTORATION.

10 Section 206(c) of the Water Resources Development Act

11 of 1996 (110 Stat. 3679) is amended—

12 (1) by striking ‘‘Construction’’ and inserting the

13 following:

14 ‘‘(1) IN GENERAL.—Construction’’; and

15 (2) by adding at the end the following:

16 ‘‘(2) NONPROFIT ENTITIES.—Notwithstanding

17 section 221 of the Flood Control Act of 1970 (42

18 U.S.C. 1962d–5b(b)), for any project undertaken

19 under this section, a non-Federal interest may in20 clude a nonprofit entity with the consent of the af21 fected local government.’’.

22 SEC. 112. BENEFICIAL USES OF DREDGED MATERIAL.

23 Section 204 of the Water Resources Development Act

24 of 1992 (106 Stat. 4826; 110 Stat. 3680) is amended by

25 adding at the end the following:
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1 ‘‘(g) NONPROFIT ENTITIES.—Notwithstanding section

2 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d–

3 5b(b)), for any project carried out under this section, a non4 Federal interest may include a nonprofit entity, with the

5 consent of the affected local government.’’.

6 SEC. 113. VOLUNTARY CONTRIBUTIONS BY STATES AND PO7 LITICAL SUBDIVISIONS.

8 Section 5 of the Flood Control Act of 1936 (33 U.S.C.

9 701h) is amended by inserting ‘‘or environmental restora10 tion’’ after ‘‘flood control’’.

11 SEC. 114. RECREATION USER FEES.

12 (a) WITHHOLDING OF AMOUNTS.—

13 (1) IN GENERAL.—During fiscal years 1999

14 through 2002, the Secretary may withhold from the

15 special account established under section 4(i)(1)(A) of

16 the Land and Water Conservation Fund Act of 1965

17 (16 U.S.C. 460l–6a(i)(1)(A)) 100 percent of the

18 amount of receipts above a baseline of $34,000,000

19 per each fiscal year received from fees imposed at

20 recreation sites under the administrative jurisdiction

21 of the Department of the Army under section 4(b) of

22 that Act (16 U.S.C. 460l–6a(b)).

23 (2) USE.—The amounts withheld shall be re24 tained by the Secretary and shall be available, with-
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1 out further Act of appropriation, for expenditure by

2 the Secretary in accordance with subsection (b).

3 (3) AVAILABILITY.—The amounts withheld shall

4 remain available until September 30, 2005.

5 (b) USE OF AMOUNTS WITHHELD.—In order to in6 crease the quality of the visitor experience at public rec7 reational areas and to enhance the protection of resources,

8 the amounts withheld under subsection (a) may be used

9 only for—

10 (1) repair and maintenance projects (including

11 projects relating to health and safety);

12 (2) interpretation;

13 (3) signage;

14 (4) habitat or facility enhancement;

15 (5) resource preservation;

16 (6) annual operation (including fee collection);

17 (7) maintenance; and

18 (8) law enforcement related to public use.

19 (c) AVAILABILITY.—Each amount withheld by the Sec20 retary shall be available for expenditure, without further

21 Act of appropriation, at the specific project from which the

22 amount, above baseline, is collected.
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1 SEC. 115. WATER RESOURCES DEVELOPMENT STUDIES FOR

2 THE PACIFIC REGION.

3 Section 444 of the Water Resources Development Act

4 of 1996 (110 Stat. 3747) is amended by striking ‘‘interest

5 of navigation’’ and inserting ‘‘interests of water resources

6 development (including navigation, flood damage reduction,

7 and environmental restoration)’’.

8 SEC. 116. MISSOURI AND MIDDLE MISSISSIPPI RIVERS EN9 HANCEMENT PROJECT.

10 (a) DEFINITIONS.—In this section:

11 (1) MIDDLE MISSISSIPPI RIVER.—The term

12 ‘‘middle Mississippi River’’ means the reach of the

13 Mississippi River from the mouth of the Ohio River

14 (river mile 0, upper Mississippi River) to the mouth

15 of the Missouri River (river mile 195).

16 (2) MISSOURI RIVER.—The term ‘‘Missouri

17 River’’ means the main stem and floodplain of the

18 Missouri River (including reservoirs) from its con19 fluence with the Mississippi River at St. Louis, Mis20 souri, to its headwaters near Three Forks, Montana.

21 (3) PROJECT.—The term ‘‘project’’ means the

22 project authorized by this section.

23 (4) SECRETARY.—The term ‘‘Secretary’’ means

24 the Secretary of the Army.

25 (b) PROTECTION AND ENHANCEMENT ACTIVITIES.—

26 (1) PLAN.—
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1 (A) DEVELOPMENT.—Not later than 180

2 days after the date of enactment of this Act, the

3 Secretary shall develop a plan for a project to

4 protect and enhance fish and wildlife habitat of

5 the Missouri River and the middle Mississippi

6 River.

7 (B) ACTIVITIES.—

8 (i) IN GENERAL.—The plan shall pro9 vide for such activities as are necessary to

10 protect and enhance fish and wildlife habi11 tat without adversely affecting—

12 (I) the water-related needs of the

13 region surrounding the Missouri River

14 and the middle Mississippi River, in15 cluding flood control, navigation, recre16 ation, and enhancement of water sup17 ply; and

18 (II) private property rights.

19 (ii) REQUIRED ACTIVITIES.—The plan

20 shall include—

21 (I) modification and improvement

22 of navigation training structures to

23 protect and enhance fish and wildlife

24 habitat;
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1 (II) modification and creation of

2 side channels to protect and enhance

3 fish and wildlife habitat;

4 (III) restoration and creation of

5 island fish and wildlife habitat;

6 (IV) creation of riverine fish and

7 wildlife habitat;

8 (V) establishment of criteria for

9 prioritizing the type and sequencing of

10 activities based on cost-effectiveness

11 and likelihood of success; and

12 (VI) physical and biological mon13 itoring for evaluating the success of the

14 project, to be performed by the River

15 Studies Center of the United States Ge16 ological Survey in Columbia, Missouri.

17 (2) IMPLEMENTATION OF ACTIVITIES.—

18 (A) IN GENERAL.—Using funds made avail19 able to carry out this section, the Secretary shall

20 carry out the activities described in the plan.

21 (B) USE OF EXISTING AUTHORITY FOR

22 UNCONSTRUCTED FEATURES OF THE PROJECT.—

23 Using funds made available to the Secretary

24 under other law, the Secretary shall design and

25 construct any feature of the project that may be
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1 carried out using the authority of the Secretary

2 to modify an authorized project, if the Secretary

3 determines that the design and construction

4 will—

5 (i) accelerate the completion of activi6 ties to protect and enhance fish and wildlife

7 habitat of the Missouri River or the middle

8 Mississippi River; and

9 (ii) be compatible with the project pur10 poses described in this section.

11 (c) INTEGRATION OF OTHER ACTIVITIES.—

12 (1) IN GENERAL.—In carrying out the activities

13 described in subsection (b), the Secretary shall inte14 grate the activities with other Federal, State, and

15 tribal activities.

16 (2) NEW AUTHORITY.—Nothing in this section

17 confers any new regulatory authority on any Federal

18 or non-Federal entity that carries out any activity

19 authorized by this section.

20 (d) PUBLIC PARTICIPATION.—In developing and car21 rying out the plan under subsection (b) and the activities

22 described in subsection (c), the Secretary shall provide for

23 public review and comment in accordance with applicable

24 Federal law, including—

25 (1) providing advance notice of meetings;
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1 (2) providing adequate opportunity for public

2 input and comment;

3 (3) maintaining appropriate records; and

4 (4) compiling a record of the proceedings of

5 meetings.

6 (e) COMPLIANCE WITH APPLICABLE LAW.—In carry7 ing out the activities described in subsections (b) and (c),

8 the Secretary shall comply with any applicable Federal

9 law, including the National Environmental Policy Act of

10 1969 (42 U.S.C. 4321 et seq.).

11 (f) COST SHARING.—

12 (1) NON-FEDERAL SHARE.—The non-Federal

13 share of the cost of the project shall be 35 percent.

14 (2) FEDERAL SHARE.—The Federal share of the

15 cost of any 1 activity described in subsection (b) shall

16 not exceed $5,000,000.

17 (3) OPERATION AND MAINTENANCE.—The oper18 ation and maintenance of the project shall be a non19 Federal responsibility.

20 (g) AUTHORIZATION OF APPROPRIATIONS.—There is

21 authorized to be appropriated to pay the Federal share of

22 the cost of carrying out activities under this section

23 $30,000,000 for the period of fiscal years 2000 and 2001.
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1 SEC. 117. OUTER CONTINENTAL SHELF.

2 (a) SAND, GRAVEL, AND SHELL.—Section 8(k)(2)(B)

3 of the Outer Continental Shelf Lands Act (43 U.S.C.

4 1337(k)(2)(B)) is amended by inserting before the period

5 at the end the following: ‘‘or any other non-Federal interest

6 subject to an agreement entered into under section 221 of

7 the Flood Control Act of 1970 (42 U.S.C. 1962d–5b)’’.

8 (b) REIMBURSEMENT FOR LOCAL SPONSOR AT

9 SANDBRIDGE BEACH, VIRGINIA BEACH, VIRGINIA.—Any

10 amounts paid by the non-Federal sponsor for beach erosion

11 control and hurricane protection, Sandbridge Beach, Vir12 ginia Beach, Virginia, as a result of an assessment under

13 section 8(k) of the Outer Continental Shelf Lands Act (43

14 U.S.C. 1337(k)) shall be fully reimbursed.

15 SEC. 118. ENVIRONMENTAL DREDGING.

16 Section 312(f) of the Water Resources Development Act

17 of 1990 (33 U.S.C. 1272(f)) is amended by adding at the

18 end the following:

19 ‘‘(6) Snake Creek, Bixby, Oklahoma.’’.

20 SEC. 119. BENEFIT OF PRIMARY FLOOD DAMAGES AVOIDED

21 INCLUDED IN BENEFIT COST ANALYSIS.

22 Section 308 of the Water Resources Development Act

23 of 1990 (33 U.S.C. 2318) is amended—

24 (1) in the heading of subsection (a), by striking

25 ‘‘BENEFIT-COST ANALYSIS’’ and inserting ‘‘ELE26 MENTS EXCLUDED FROM COST-BENEFIT ANALYSIS’’;
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1 (2) by redesignating subsections (b) through (e)

2 as subsections (c) through (f), respectively; and

3 (3) by inserting after subsection (a) the follow4 ing:

5 ‘‘(b) ELEMENTS INCLUDED IN COST-BENEFIT ANALY6 SIS.—The Secretary shall include primary flood damages

7 avoided in the benefit base for justifying Federal non8 structural flood damage reduction projects.’’.

9 SEC. 120. CONTROL OF AQUATIC PLANT GROWTH.

10 Section 104(a) of the River and Harbor Act of 1958

11 (33 U.S.C. 610(a)) is amended—

12 (1) by inserting ‘‘Arundo dona,’’ after ‘‘water13 hyacinth,’’; and

14 (2) by inserting ‘‘tarmarix’’ after ‘‘melaleuca’’.

15 SEC. 121. ENVIRONMENTAL INFRASTRUCTURE.

16 Section 219(c) of the Water Resources Development Act

17 of 1992 (106 Stat. 4835) is amended—

18 (1) by redesignating paragraphs (1) through (19)

19 as paragraphs (3) through (23), respectively; and

20 (2) by inserting after ‘‘as follows:’’ the following:

21 ‘‘(1) LAKE TAHOE, CALIFORNIA AND NEVADA.—

22 Regional water system for Lake Tahoe, California

23 and Nevada.
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1 ‘‘(2) LANCASTER, CALIFORNIA.—Fox Field In2 dustrial Corridor water facilities, Lancaster, Califor3 nia.

4 ‘‘(3) SAN RAMON, CALIFORNIA.—San Ramon

5 Valley recycled water project, San Ramon, California.

6 SEC. 122. WATERSHED MANAGEMENT, RESTORATION, AND

7 DEVELOPMENT.

8 Section 503(d) of the Water Resources Development

9 Act of 1996 (110 Stat. 3756) is amended by adding at the

10 end the following:

11 ‘‘(14) Clear Lake watershed, California.

12 ‘‘(15) Fresno Slough watershed, California.

13 ‘‘(16) Hayward Marsh, Southern San Francisco

14 Bay watershed, California.

15 ‘‘(17) Kaweah River watershed, California.

16 ‘‘(18) Lake Tahoe watershed, California and Ne17 vada.

18 ‘‘(19) Malibu Creek watershed, California.

19 ‘‘(20) Truckee River basin, Nevada.

20 ‘‘(21) Walker River basin, Nevada.’’.

21 SEC. 123. LAKES PROGRAM.

22 Section 602(a) of the Water Resources Act of 1986 (100

23 Stat. 4148) is amended—

24 (1) by striking ‘‘and’’ at the end of paragraph

25 (15);
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1 (2) by striking the period at the end of para2 graph (16) and inserting a semicolon; and

3 (3) by adding at the end the following:

4 ‘‘(17) Clear Lake, Lake County, California, re5 moval of silt and aquatic growth and development of

6 a sustainable weed and algae management program.

7 ‘‘(18) Osgood Pond, Milford, New Hampshire, re8 moval of excessive aquatic vegetation.’’.

9 SEC. 124. DREDGING OF SALT PONDS IN THE STATE OF

10 RHODE ISLAND.

11 The Secretary may acquire for the State of Rhode Is12 land a dredge and associated equipment with the capacity

13 to dredge approximately 100 cubic yards per hour for use

14 by the State in dredging salt ponds in the State.

15 SEC. 125. UPPER SUSQUEHANNA RIVER BASIN, PENNSYL16 VANIA AND NEW YORK.

17 Section 567(a) of the Water Resources Development

18 Act of 1996 (110 Stat. 3787) is amended by adding at the

19 end the following:

20 ‘‘(3) The Chemung River watershed, New York,

21 at an estimated cost of $5,000,000.’’.

22 SEC. 126. REPAUPO CREEK AND DELAWARE RIVER,

23 GLOUCESTER COUNTY, NEW JERSEY.

24 Section 102 of the Water Resources Development Act

25 of 1996 (110 Stat. 3668) is amended—
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1 (1) by redesignating paragraphs (15) through

2 (22) as paragraphs (17) through (24), respectively;

3 and

4 (2) by inserting after paragraph (14) the follow5 ing:

6 ‘‘(15) REPAUPO CREEK AND DELAWARE RIVER,

7 GLOUCESTER COUNTY, NEW JERSEY.—Project for

8 tidegate and levee improvements for Repaupo Creek

9 and the Delaware River, Gloucester County, New Jer10 sey.

11 ‘‘(16) TIOGA COUNTY, PENNSYLVANIA.—Project

12 for flood control, Tioga River and Cowanesque River

13 and their tributaries, Tioga County, Pennsylvania.’’.

14 SEC. 127. SMALL NAVIGATION PROJECTS.

15 Section 104 of the Water Resources Development Act

16 of 1996 (110 Stat. 3669) is amended—

17 (1) by redesignating paragraphs (9) through (12)

18 as paragraphs (10) through (13), respectively; and

19 (2) by inserting after paragraph (8) the follow20 ing:

21 ‘‘(9) FORTESCUE INLET, DELAWARE BAY, NEW

22 JERSEY.—Project for navigation for Fortesque Inlet,

23 Delaware Bay, New Jersey.’’.
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1 SEC. 128. STREAMBANK PROTECTION PROJECTS.

2 The streambank protection project at Coulson Park,

3 along the Yellowstone River, Billings, Montana, shall be eli4 gible for assistance under section 14 of the Flood Control

5 Act of 1946 (60 Stat. 653).

6 SEC. 129. AQUATIC ECOSYSTEM RESTORATION, SPRING7 FIELD, OREGON.

8 (a) IN GENERAL.—Under section 1135 of the Water

9 Resources Development Act of 1990 (100 Stat. 4251) or

10 other applicable authority, the Secretary shall conduct

11 measures to address water quality, flows and fish habitat

12 restoration in the historic Springfield, Oregon, millrace

13 through the reconfiguration of the existing millpond, if the

14 Secretary determines that harmful impacts have occurred

15 as the result of a previously constructed flood control project

16 by the Army Corps of Engineers.

17 (b) NON-FEDERAL SHARE.—The non-Federal share,

18 excluding lands, easements, rights-of-way, dredged material

19 disposal areas and relocations, shall be 25 percent.

20 (c) AUTHORIZATION OF APPROPRIATIONS.—There is

21 authorized to be appropriated to carry out this section

22 $1,500,000.

23 SEC. 130. GUILFORD AND NEW HAVEN, CONNECTICUT.

24 The Secretary shall expeditiously complete the activi25 ties authorized under section 346 of the Water Resources

26 Development Act of 1992 (106 Stat. 4858), including activi-
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1 ties associated with Sluice Creek in Guilford, Connecticut,

2 and Lighthouse Point Park in New Haven, Connecticut.

3 SEC. 131. FRANCIS BLAND, ARKANSAS FLOODWAY DITCH

4 NO. 5.

5 (a) REDESIGNATION.—The project for flood control,

6 Eight Mile Creek, Paragould, Arkansas authorized by sec7 tion 401(a) of the Water Resources Development Act of 1986

8 (100 Stat. 4112) and known as ‘‘Eight Mile Creek,

9 Paragould, Arkansas’’, shall be known and designated as

10 the ‘‘Francis Bland, Arkansas Floodway Ditch No. 5’’.

11 (b) LEGAL PREFERENCES.—Any reference in any law,

12 map, regulation, document, paper, or other record of the

13 United States to the project and creek referred to in sub14 section (a) shall be deemed to be a reference to the Francis

15 Bland, Arkansas Floodway Ditch No. 5.

16 SEC. 132. POINT JUDITH BREAKWATER.

17 (a) IN GENERAL.—The Secretary shall restore the in18 tegrity of the breakwater located at Point Judith, Rhode

19 Island, authorized by the first section of the Act of March

20 2, 1907 (commonly known as the ‘‘River and Harbor Ap21 propriations Act of 1907’’) (34 Stat. 1075, chapter 2509)

22 and the first section of the Act of June 25, 1910 (commonly

23 known as the ‘‘River and Harbor Appropriations Act of

24 1910’’) (36 Stat. 632, chapter 382), at a total cost of
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1 $10,000,000 with an estimated Federal cost of $6,500,000

2 and an estimated non-Federal cost of $3,500,000.

3 (b) NON-FEDERAL RESPONSIBILITY.—Operation,

4 maintenance, repair, replacement, and rehabilitation of the

5 restored breakwater shall be a non-Federal responsibility.

6 SEC. 133. CALOOSAHATCHEE RIVER BASIN, FLORIDA.

7 Section 528(e)(4) of the Water Resources Development

8 Act of 1996 (110 Stat. 3770) is amended in the first sen9 tence by inserting before the period at the end the following:

10 ‘‘, including potential land acquisition in the

11 Caloosahatchee River basin or other areas’’.

12 SEC. 134. CUMBERLAND, MARYLAND, FLOOD PROJECT MITI13 GATION.

14 (a) IN GENERAL.—The project for flood control and

15 other purposes, Cumberland, Maryland, authorized by sec16 tion 5 of the Act of June 22, 1936 (commonly known as

17 the ‘‘Flood Control Act of 1936’’) (49 Stat. 1574, chapter

18 688), is modified to authorize the Secretary to undertake,

19 as a separate part of the project, restoration of the historic

20 Chesapeake and Ohio Canal substantially in accordance

21 with the Chesapeake and Ohio Canal National Historic

22 Park, Cumberland, Maryland, Rewatering Design Analysis,

23 dated February 1998, at a total cost of $15,000,000, with

24 an estimated Federal cost of $9,750,000 and an estimated

25 non-Federal cost of $5,250,000.
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1 (b) IN-KIND SERVICES.—The non-Federal interest for

2 the restoration project under subsection (a) may provide all

3 or a portion of the non-Federal share of project costs in

4 the form of in-kind services and shall receive credit toward

5 the non-Federal share of project costs for design and con6 struction work performed by the non-Federal interest before

7 execution of a project cooperation agreement and for land,

8 easements, and rights-of-way required for the restoration

9 and acquired by the non-Federal interest before execution

10 of such an agreement.

11 (c) OPERATION AND MAINTENANCE.—The operation

12 and maintenance of the restoration project under subsection

13 (a) shall be the full responsibility of the National Park

14 Service.

15 SEC. 135. SEDIMENTS DECONTAMINATION POLICY.

16 (a) PROJECT PURPOSE.—Section 405 of the Water Re17 sources Development Act of 1992 (33 U.S.C. 2239 note; Pub18 lic Law 102–580) is amended—

19 (1) in subsection (a), by adding at the end the

20 following:

21 ‘‘(4) PRACTICAL END-USE PRODUCTS.—

22 Technologies selected for demonstration at the

23 pilot scale shall result in practical end-use prod24 ucts.
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1 ‘‘(5) ASSISTANCE BY THE SECRETARY.—The

2 Secretary shall assist the project to ensure expe3 ditious completion by providing sufficient quan4 tities of contaminated dredged material to con5 duct the full-scale demonstrations to stated ca6 pacity.’’; and

7 (2) in subsection (c), by striking the first sen8 tence and inserting the following: ‘‘There is author9 ized to be appropriated to carry out this section a

10 total of $22,000,000 to complete technology testing,

11 technology commercialization, and the development of

12 full scale processing facilities within the New York13 New Jersey Harbor.’’.

14 SEC. 136. CITY OF MIAMI BEACH, FLORIDA.

15 Section 5(b)(3)(C)(i) of the Act of August 13, 1946 (33

16 U.S.C. 426h), is amended by inserting before the semicolon

17 the following; ‘‘, including the city of Miami Beach, Flor18 ida’’.

19 SEC. 137. SMALL STORM DAMAGE REDUCTION PROJECTS.

20 Section 3 of the Act of August 13, 1946 (33 U.S.C.

21 426g), is amended by striking ‘‘$2,000,000’’ and inserting

22 ‘‘$3,000,000’’.

23 SEC. 138. SARDIS RESERVOIR, OKLAHOMA.

24 (a) IN GENERAL.—The Secretary shall accept from the

25 State of Oklahoma or an agent of the State an amount,
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1 as determined under subsection (b), as prepayment of 100

2 percent of the water supply cost obligation of the State

3 under Contract No. DACW56–74–JC–0314 for water sup4 ply storage at Sardis Reservoir, Oklahoma.

5 (b) DETERMINATION OF AMOUNT.—The amount to be

6 paid by the State of Oklahoma under subsection (aa) shall

7 be subject to adjustment in accordance with accepted dis8 count purchase methods for Government properties as deter9 mined by an independent accounting firm designated by

10 the Director of the Office of Management and Budget.

11 (c) EFFECT.—Nothing in this section shall otherwise

12 affect any of the rights or obligations of the parties to the

13 contract referred to in subsection (a).

14 SEC. 139. UPPER MISSISSIPPI RIVER AND ILLINOIS WATER15 WAY SYSTEM NAVIGATION MODERNIZATION.

16 (a) FINDINGS.—Congress finds that—

17 (1) exports are necessary to ensure job creation

18 and an improved standard of living for the people of

19 the United States;

20 (2) the ability of producers of goods in the

21 United States to compete in the international market22 place depends on a modern and efficient transpor23 tation network;

24 (3) a modern and efficient waterway system is

25 a transportation option necessary to provide United
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1 States shippers a safe, reliable, and competitive

2 means to win foreign markets in an increasingly

3 competitive international marketplace;

4 (4) the need to modernize is heightened because

5 the United States is at risk of losing its competitive

6 edge as a result of the priority that foreign competi7 tors are placing on modernizing their own waterway

8 systems;

9 (5) growing export demand projected over the

10 coming decades will force greater demands on water11 way systems of the United States and increase the

12 cost to the economy if the system proves inadequate

13 to satisfy growing export opportunities;

14 (6) the locks and dams on the upper Mississippi

15 River and Illinois River waterway system were built

16 in the 1930s and have some of the highest average

17 delays to commercial tows in the country;

18 (7) inland barges carry freight at the lowest unit

19 cost while offering an alternative to truck and rail

20 transportation that is environmentally sound, is en21 ergy efficient, is safe, causes little congestion, produces

22 little air or noise pollution, and has minimal social

23 impact; and

24 (8) it should be the policy of the Corps of Engi25 neers to pursue aggressively modernization of the wa-
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1 terway system authorized by Congress to promote the

2 relative competitive position of the United States in

3 the international marketplace.

4 (b) PRECONSTRUCTION ENGINEERING AND DESIGN.—

5 In accordance with the Upper Mississippi River-Illinois

6 Waterway System Navigation Study, the Secretary shall

7 proceed immediately to prepare engineering design, plans,

8 and specifications for extension of locks 20, 21, 22, 24, 25

9 on the Mississippi River and the LaGrange and Peoria

10 Locks on the Illinois River, to provide lock chambers 110

11 feet in width and 1,200 feet in length, so that construction

12 can proceed immediately upon completion of studies and

13 authorization of projects by Congress.

14 SEC. 140. DISPOSAL OF DREDGED MATERIAL ON BEACHES.

15 Section 145 of the Water Resources Development Act

16 of 1976 (33 U.S.C. 426j) is amended in the first sentence

17 by striking ‘‘50’’ and inserting ‘‘35’’.

18 SEC. 141. FISH AND WILDLIFE MITIGATION.

19 Section 906(e) of the Water Resources Development Act

20 of 1986 (33 U.S.C. 2283(e)) is amended by inserting after

21 the second sentence the following: ‘‘Not more than 80 percent

22 of the non-Federal share of such first costs may be in kind,

23 including a facility, supply, or service that is necessary to

24 carry out the enhancement project.’’.
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1 SEC. 142. UPPER MISSISSIPPI RIVER MANAGEMENT.

2 Section 1103 of the Water Resources Development Act

3 of 1986 (33 U.S.C. 652) is amended—

4 (1) in subsection (e)—

5 (A) by striking ‘‘(e)’’ and all that follows

6 through the end of paragraph (2) and inserting

7 the following:

8 ‘‘(e) UNDERTAKINGS.—

9 ‘‘(1) IN GENERAL.—

10 ‘‘(A) AUTHORITY.—The Secretary, in con11 sultation with the Secretary of the Interior and

12 the States of Illinois, Iowa, Minnesota, Missouri,

13 and Wisconsin, may undertake, as identified in

14 the master plan—

15 ‘‘(i) a program for the planning, con16 struction, and evaluation of measures for

17 fish and wildlife habitat rehabilitation and

18 enhancement;

19 ‘‘(ii) implementation of a long-term re20 source monitoring, computerized data in21 ventory and analysis, and applied research

22 program; and

23 ‘‘(iii) for each pool and the open reach,

24 a natural resource blueprint to guide habi25 tat rehabilitation and long-term resource

26 monitoring.
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1 ‘‘(B) REQUIREMENTS FOR PROJECTS.—

2 Each project carried out under subparagraph

3 (A) shall—

4 ‘‘(i) to the maximum extent prac5 ticable, simulate natural river processes;

6 and

7 ‘‘(ii) include an outreach and edu8 cation component.

9 ‘‘(C) REVIEW COMMITTEE.—In carrying out

10 subparagraph (A), the Secretary shall create an

11 independent technical review committee to review

12 projects, monitoring plans, and blueprints.

13 ‘‘(D) CRITERIA FOR HABITAT REHABILITA14 TION.—In carrying out subparagraph (A), the

15 Secretary shall revise criteria for habitat reha16 bilitation for projects to promote the simulation

17 of natural river processes, to the maximum ex18 tent practicable.

19 ‘‘(E) BLUEPRINTS.—

20 ‘‘(i) DATA.—The natural resource blue21 print shall, to the maximum extent prac22 ticable, use data in existence on the date of

23 enactment of this subparagraph.

24 ‘‘(ii) TIMING.—The Secretary shall

25 complete a natural resource blueprint for
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1 each pool not later than 6 years after the

2 date of enactment of this subparagraph.

3 ‘‘(F) AUTHORIZATION OF APPROPRIA4 TIONS.—There is authorized to be appropriated

5 to carry out this paragraph $350,000 for each of

6 fiscal years 1999 through 2009.

7 ‘‘(2) REPORTS.—On December 31, 2004, in con8 sultation with the Secretary of the Interior and the

9 States of Illinois, Iowa, Minnesota, Missouri, and

10 Wisconsin, the Secretary shall prepare and submit to

11 Congress a report that—

12 ‘‘(A) contains an evaluation of the pro13 grams described in paragraph (1);

14 ‘‘(B) describes the accomplishments of each

15 program;

16 ‘‘(C) provide updates of a systemic habitat

17 needs assessment; and

18 ‘‘(D) identifies any needed adjustments in

19 the authorization under paragraph (1) or the au20 thorized appropriations under paragraphs (3)

21 and (4).’’;

22 (B) in paragraph (3)—

23 (i) by striking ‘‘paragraph (1)(A)’’ and

24 inserting ‘‘paragraph (1)(A)(i); and
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1 (ii) by striking ‘‘Secretary not to ex2 ceed’’ and all that follows and inserting

3 ‘‘Secretary not to exceed $22,750,000 for

4 each of fiscal years 1999 through 2009.’’;

5 (C) in paragraph (4)—

6 (i) by striking ‘‘paragraph (1)(B)’’

7 and inserting ‘‘paragraph (1)(A)(ii); and

8 (ii) by striking ‘‘$7,680,000’’ and all

9 that follows and inserting ‘‘$10,420,000 for

10 each of fiscal years 1999 through 2009.’’;

11 (D) by striking paragraphs (5) and (6) and

12 inserting the following:

13 ‘‘(5) TRANSFER OF AMOUNTS.—For each fiscal

14 year beginning after September 30, 1992, the Sec15 retary, in consultation with the Secretary of the Inte16 rior and the States of Illinois, Iowa, Minnesota, Mis17 souri, and Wisconsin, may transfer appropriated

18 amounts between the programs under subparagraphs

19 (A) and (B) of paragraph (1).’’;

20 (E) by redesignating paragraphs (7) and

21 (8) as paragraphs (6) and (7), respectively; and

22 (F) in paragraph (6) (as redesignated by

23 subparagraph (E))—

24 (i) in subparagraph (A), by inserting

25 before the period the following: ‘‘and, in the
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1 case of any project carried out on non-Fed2 eral land, the non-Federal share of the cost

3 of the project shall be 35 percent and the

4 non-Federal share of the cost of operation

5 and maintenance of the project shall be 100

6 percent’’; and

7 (ii) in subparagraph (B), by striking

8 ‘‘paragraphs (1)(B) and (1)(C) of this sub9 section’’ and inserting ‘‘paragraph (1)(B)’’;

10 and

11 (2) by adding at the end the following:

12 ‘‘(k) ST. LOUIS AREA URBAN WILDLIFE HABITAT.—

13 The Secretary shall investigate and, if appropriate, carry

14 out restoration of urban wildlife habitat, with a special em15 phasis on the establishment of greenways in St. Louis, Mis16 souri, area and surrounding communities.’’.

17 SEC. 143. REIMBURSEMENT OF NON-FEDERAL INTEREST.

18 Section 211(e)(2)(A) of the Water Resources Develop19 ment Act of 1996 (110 Stat. 3684) is amended by striking

20 ‘‘subject to amounts being made available in advance in

21 appropriations Acts’’ and inserting ‘‘subject to the avail22 ability of appropriations’’.
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1 SEC. 144. RESEARCH AND DEVELOPMENT PROGRAM FOR

2 COLUMBIA AND SNAKE RIVERS SALMON SUR3 VIVAL.

4 Section 511 of the Water Resources Development Act

5 of 1996 (16 U.S.C. 3301 note) is amended by striking sub6 section (a) and all that follows and inserting the following:

7 ‘‘(a) SALMON SURVIVAL ACTIVITIES.—

8 ‘‘(1) IN GENERAL.—In conjunction with the Sec9 retary of Commerce and Secretary of the Interior, the

10 Secretary shall accelerate ongoing research and devel11 opment activities, and may carry out or participate

12 in additional research and development activities, for

13 the purpose of developing innovative methods and

14 technologies for improving the survival of salmon, es15 pecially salmon in the Columbia/Snake River Basin.

16 ‘‘(2) ACCELERATED ACTIVITIES.—Accelerated re17 search and development activities referred to in para18 graph (1) may include research and development re19 lated to—

20 ‘‘(A) impacts from water resources projects

21 and other impacts on salmon life cycles;

22 ‘‘(B) juvenile and adult salmon passage;

23 ‘‘(C) light and sound guidance systems;

24 ‘‘(D) surface-oriented collector systems;

25 ‘‘(E) transportation mechanisms; and
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1 ‘‘(F) dissolved gas monitoring and abate2 ment.

3 ‘‘(3) ADDITIONAL ACTIVITIES.—Additional re4 search and development activities referred to in para5 graph (1) may include research and development re6 lated to—

7 ‘‘(A) studies of juvenile salmon survival in

8 spawning and rearing areas;

9 ‘‘(B) estuary and near-ocean juvenile and

10 adult salmon survival;

11 ‘‘(C) impacts on salmon life cycles from

12 sources other than water resources projects;

13 ‘‘(D) cryopreservation of fish gametes and

14 formation of a germ plasm repository for threat15 ened and endangered populations of native fish;

16 and

17 ‘‘(E) other innovative technologies and ac18 tions intended to improve fish survival, includ19 ing the survival of resident fish.

20 ‘‘(4) COORDINATION.—The Secretary shall co21 ordinate any activities carried out under this sub22 section with appropriate Federal, State, and local

23 agencies, affected Indian tribes, and the Northwest

24 Power Planning Council.
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1 ‘‘(5) REPORT.—Not later than 3 years after the

2 date of enactment of this Act, the Secretary shall

3 transmit to Congress a report on the research and de4 velopment activities carried out under this subsection,

5 including any recommendations of the Secretary con6 cerning the research and development activities.

7 ‘‘(6) AUTHORIZATION OF APPROPRIATIONS.—

8 There is authorized to be appropriated $10,000,000 to

9 carry out research and development activities under

10 paragraph (3).

11 ‘‘(b) ADVANCED TURBINE DEVELOPMENT.—

12 ‘‘(1) IN GENERAL.—In conjunction with the Sec13 retary of Energy, the Secretary shall accelerate efforts

14 toward developing and installing in Corps of Engi15 neers operated dams innovative, efficient, and envi16 ronmentally safe hydropower turbines, including de17 sign of ‘‘fish-friendly’’ turbines, for use on the Colum18 bia/Snake River hydrosystem.

19 ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.—

20 There is authorized to be appropriated $35,000,000 to

21 carry out this subsection.

22 ‘‘(c) MANAGEMENT OF PREDATION ON COLUMBIA/

23 SNAKE RIVER SYSTEM NATIVE FISHES.—

24 ‘‘(1) NESTING AVIAN PREDATORS.—In conjunc25 tion with the Secretary of Commerce and Secretary of
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1 the Interior, and consistent with a management plan

2 to be developed by the United States Fish and Wild3 life Service, the Secretary shall carry out methods to

4 reduce nesting populations of avian predators on

5 dredge spoil islands in the Columbia River under the

6 jurisdiction of the Secretary.

7 ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.—

8 There is authorized to be appropriated $1,000,000 to

9 carry out research and development activities under

10 this subsection.

11 ‘‘(d) IMPLEMENTATION.—Nothing in this section af12 fects the authority of the Secretary to implement the results

13 of the research and development carried out under this sec14 tion or any other law.’’.

15 TITLE II—CHEYENNE RIVER

16 SIOUX TRIBE, LOWER BRULE

17 SIOUX TRIBE, AND STATE OF

18 SOUTH DAKOTA TERRES19 TRIAL WILDLIFE HABITAT

20 RESTORATION

21 SEC. 201. DEFINITIONS.

22 In this title:

23 (1) RESTORATION.—The term ‘‘restoration’’

24 means mitigation of the habitat of wildlife.
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1 (2) SECRETARY.—The term ‘‘Secretary’’ means

2 the Secretary of the Army, acting through the Assist3 ant Secretary for Civil Works.

4 (3) TERRESTRIAL WILDLIFE HABITAT.—The

5 term ‘‘terrestrial wildlife habitat’’ means a habitat for

6 a wildlife species (including game and nongame spe7 cies) that existed or exists on an upland habitat (in8 cluding a prairie grassland, woodland, bottom land

9 forest, scrub, or shrub) or an emergent wetland habi10 tat.

11 (4) WILDLIFE.—The term ‘‘wildlife’’ has the

12 meaning given the term in section 8 of the Fish and

13 Wildlife Coordination Act (16 U.S.C. 666b).

14 SEC. 202. TERRESTRIAL WILDLIFE HABITAT RESTORATION.

15 (a) TERRESTRIAL WILDLIFE HABITAT RESTORATION

16 PLANS.—

17 (1) IN GENERAL.—In accordance with this sub18 section and in consultation with the Secretary and

19 the Secretary of the Interior, the State of South Da20 kota, the Cheyenne River Sioux Tribe, and the Lower

21 Brule Sioux Tribe shall, as a condition of the receipt

22 of funds under this title, each develop a plan for the

23 restoration of terrestrial wildlife habitat loss that oc24 curred as a result of flooding related to the Big Bend
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1 and Oahe projects carried out as part of the Pick2 Sloan Missouri River Basin program.

3 (2) SUBMISSION OF PLAN TO SECRETARY.—On

4 completion of a plan for terrestrial wildlife habitat

5 restoration, the State of South Dakota, the Cheyenne

6 River Sioux Tribe, and the Lower Brule Sioux Tribe

7 shall submit the plan to the Secretary.

8 (3) REVIEW BY SECRETARY AND SUBMISSION TO

9 COMMITTEES.—The Secretary shall review the plan

10 and submit the plan, with any comments, to—

11 (A) the Committee on Environment and

12 Public Works of the Senate; and

13 (B) the Committee on Resources of the

14 House of Representatives.

15 (4) FUNDING FOR CARRYING OUT PLANS.—

16 (A) STATE OF SOUTH DAKOTA.—

17 (i) NOTIFICATION.—On receipt of the

18 plan for terrestrial wildlife habitat restora19 tion submitted by the State of South Da20 kota, each of the Committees referred to in

21 paragraph (2) shall notify the Secretary of

22 the Treasury of the receipt of the plan.

23 (ii) AVAILABILITY OF FUNDS.—On no24 tification in accordance with clause (i), the

25 Secretary of the Treasury shall make avail-
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1 able to the State of South Dakota funds

2 from the South Dakota Terrestrial Wildlife

3 Habitat Restoration Trust Fund established

4 under section 203, to be used to carry out

5 the plan for terrestrial wildlife habitat res6 toration submitted by the State.

7 (B) CHEYENNE RIVER SIOUX TRIBE AND

8 LOWER BRULE SIOUX TRIBE.—

9 (i) NOTIFICATION.—On receipt of the

10 plan for terrestrial wildlife habitat restora11 tion submitted by the Cheyenne River Sioux

12 Tribe and the Lower Brule Sioux Tribe,

13 each of the Committees referred to in para14 graph (2) shall notify the Secretary of the

15 Treasury of the receipt of each of the plans.

16 (ii) AVAILABILITY OF FUNDS.—On no17 tification in accordance with clause (i), the

18 Secretary of the Treasury shall make avail19 able to the Cheyenne River Sioux Tribe and

20 the Lower Brule Sioux Tribe funds from the

21 Cheyenne River Sioux Tribe Terrestrial

22 Wildlife Habitat Restoration Trust Fund

23 and the Lower Brule Sioux Tribe Terres24 trial Wildlife Habitat Restoration Trust

25 Fund, respectively, established under section
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1 204, to be used to carry out the plan for ter2 restrial wildlife habitat restoration submit3 ted by the Cheyenne River Sioux Tribe and

4 the Lower Brule Sioux Tribe, respectively.

5 (C) TRANSITION PERIOD.—

6 (i) IN GENERAL.—During the period

7 described in clause (ii), the Secretary

8 shall—

9 (I) fund the terrestrial wildlife

10 habitat restoration programs being

11 carried out on the date of enactment of

12 this Act on Oahe and Big Bend project

13 land and the plans established under

14 this section at a level that does not ex15 ceed the highest amount of funding

16 that was provided for the programs

17 during a previous fiscal year; and

18 (II) implement the programs.

19 (ii) PERIOD.—Clause (i) shall apply

20 during the period—

21 (I) beginning on the date of enact22 ment of this Act; and

23 (II) ending on the earlier of—

24 (aa) the date on which funds

25 are made available for use from
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1 the South Dakota Terrestrial

2 Wildlife Habitat Restoration

3 Trust Fund under section

4 203(d)(3)(A)(i) and the Cheyenne

5 River Sioux Tribe Terrestrial

6 Wildlife Habitat Restoration

7 Trust Fund and the Lower Brule

8 Sioux Tribe Terrestrial Wildlife

9 Habitat Restoration Trust Fund

10 under section 204(d)(3)(A)(i); or

11 (bb) the date that is 4 years

12 after the date of enactment of this

13 Act.

14 (b) PROGRAMS FOR THE PURCHASE OF WILDLIFE

15 HABITAT LEASES.—

16 (1) IN GENERAL.—The State of South Dakota

17 may use funds made available under section

18 203(d)(3)(A)(iii) to develop a program for the pur19 chase of wildlife habitat leases that meets the require20 ments of this subsection.

21 (2) DEVELOPMENT OF A PLAN.—

22 (A) IN GENERAL.—If the State of South Da23 kota, the Cheyenne River Sioux Tribe, or the

24 Lower Brule Sioux Tribe elects to conduct a pro25 gram under this subsection, the State of South
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1 Dakota, the Cheyenne River Sioux Tribe, or the

2 Lower Brule Sioux Tribe (in consultation with

3 the United States Fish and Wildlife Service and

4 the Secretary and with an opportunity for pub5 lic comment) shall develop a plan to lease land

6 for the protection and development of wildlife

7 habitat, including habitat for threatened and en8 dangered species, associated with the Missouri

9 River ecosystem.

10 (B) USE FOR PROGRAM.—The plan shall be

11 used by the State of South Dakota, the Cheyenne

12 River Sioux Tribe, or the Lower Brule Sioux

13 Tribe in carrying out the program carried out

14 under paragraph (1).

15 (3) CONDITIONS OF LEASES.—Each lease covered

16 under a program carried out under paragraph (1)

17 shall specify that the owner of the property that is

18 subject to the lease shall provide—

19 (A) public access for sportsmen during

20 hunting season; and

21 (B) public access for other outdoor uses cov22 ered under the lease, as negotiated by the land23 owner and the State of South Dakota, the Chey24 enne River Sioux Tribe, or the Lower Brule

25 Sioux Tribe.
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1 (4) USE OF ASSISTANCE.—

2 (A) STATE OF SOUTH DAKOTA.—If the

3 State of South Dakota conducts a program under

4 this subsection, the State may use funds made

5 available under section 203(d)(3)(A)(iii) to—

6 (i) acquire easements, rights-of-way, or

7 leases for management and protection of

8 wildlife habitat, including habitat for

9 threatened and endangered species, and

10 public access to wildlife on private property

11 in the State of South Dakota;

12 (ii) create public access to Federal or

13 State land through the purchase of ease14 ments or rights-of-way that traverse such

15 private property; or

16 (iii) lease land for the creation or res17 toration of a wetland on such private prop18 erty.

19 (B) CHEYENNE RIVER SIOUX TRIBE AND

20 LOWER BRULE SIOUX TRIBE.—If the Cheyenne

21 River Sioux Tribe or the Lower Brule Sioux

22 Tribe conducts a program under this subsection,

23 the Tribe may use funds made available under

24 section 204(d)(3)(A)(iii) for the purposes de25 scribed in subparagraph (A).
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1 (c) FEDERAL OBLIGATION FOR TERRESTRIAL WILD2 LIFE HABITAT MITIGATION FOR THE BIG BEND AND OAHE

3 PROJECTS IN SOUTH DAKOTA.—The establishment of the

4 trust funds under sections 203 and 204 and the development

5 and implementation of plans for terrestrial wildlife habitat

6 restoration developed by the State of South Dakota, the

7 Cheyenne River Sioux Tribe, and the Lower Brule Sioux

8 Tribe in accordance with this section shall be considered

9 to satisfy the Federal obligation under the Fish and Wildlife

10 Coordination Act (16 U.S.C. 661 et seq.) for terrestrial

11 wildlife habitat mitigation for the State of South Dakota,

12 the Cheyenne River Sioux Tribe, and the Lower Brule

13 Sioux Tribe for the Big Bend and Oahe projects carried

14 out as part of the Pick-Sloan Missouri River Basin pro15 gram.

16 SEC. 203. SOUTH DAKOTA TERRESTRIAL WILDLIFE HABITAT

17 RESTORATION TRUST FUND.

18 (a) ESTABLISHMENT.—There is established in the

19 Treasury of the United States a fund to be known as the

20 ‘‘South Dakota Terrestrial Wildlife Habitat Restoration

21 Trust Fund’’ (referred to in this section as the ‘‘Fund’’).

22 (b) FUNDING.—For the fiscal year during which this

23 Act is enacted and each fiscal year thereafter until the ag24 gregate amount deposited in the Fund under this subsection

25 is equal to at least $108,000,000, the Secretary of the Treas-
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1 ury shall deposit in the Fund an amount equal to 15 per2 cent of the receipts from the deposits in the Treasury of

3 the United States for the preceding fiscal year from the

4 power program of the Pick-Sloan Missouri River Basin

5 program, administered by the Western Area Power Admin6 istration.

7 (c) INVESTMENTS.—The Secretary of the Treasury

8 shall invest the amounts deposited under subsection (b) only

9 in interest-bearing obligations of the United States or in

10 obligations guaranteed by the United States as to both prin11 cipal and interest.

12 (d) PAYMENTS.—

13 (1) IN GENERAL.—All amounts credited as inter14 est under subsection (c) shall be available, without fis15 cal year limitation, to the State of South Dakota for

16 use in accordance with paragraph (3).

17 (2) WITHDRAWAL AND TRANSFER OF FUNDS.—

18 Subject to section 202(a)(4)(A), the Secretary of the

19 Treasury shall withdraw amounts credited as interest

20 under paragraph (1) and transfer the amounts to the

21 State of South Dakota for use as State funds in ac22 cordance with paragraph (3).

23 (3) USE OF TRANSFERRED FUNDS.—

24 (A) IN GENERAL.—Subject to subparagraph

25 (B), the State of South Dakota shall use the
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1 amounts transferred under paragraph (2) only

2 to—

3 (i) fully fund the annually scheduled

4 work described in the terrestrial wildlife

5 habitat restoration plan of the State devel6 oped under section 202(a); and

7 (ii) with any remaining funds—

8 (I) protect archaeological, histori9 cal, and cultural sites located along the

10 Missouri River on land transferred to

11 the State;

12 (II) fund all costs associated with

13 the ownership, management, operation,

14 administration, maintenance, and de15 velopment of recreation areas and

16 other lands that are transferred to the

17 State of South Dakota by the Sec18 retary;

19 (III) purchase and administer

20 wildlife habitat leases under section

21 202(b);

22 (IV) carry out other activities de23 scribed in section 202; and

24 (V) develop and maintain public

25 access to, and protect, wildlife habitat
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1 and recreation areas along the Mis2 souri River.

3 (B) PROHIBITION.—The amounts trans4 ferred under paragraph (2) shall not be used for

5 the purchase of land in fee title.

6 (e) TRANSFERS AND WITHDRAWALS.—Except as pro7 vided in subsection (d), the Secretary of the Treasury may

8 not transfer or withdraw any amount deposited under sub9 section (b).

10 (f) ADMINISTRATIVE EXPENSES.—There are author11 ized to be appropriated to the Secretary of the Treasury

12 such sums as are necessary to pay the administrative ex13 penses of the Fund.

14 SEC. 204. CHEYENNE RIVER SIOUX TRIBE AND LOWER

15 BRULE SIOUX TRIBE TERRESTRIAL WILDLIFE

16 HABITAT RESTORATION TRUST FUNDS.

17 (a) ESTABLISHMENT.—There are established in the

18 Treasury of the United States 2 funds to be known as the

19 ‘‘Cheyenne River Sioux Tribe Terrestrial Wildlife Restora20 tion Trust Fund’’ and the ‘‘Lower Brule Sioux Tribe Ter21 restrial Wildlife Habitat Restoration Trust Fund’’ (each of

22 which is referred to in this section as a ‘‘Fund’’).

23 (b) FUNDING.—

24 (1) IN GENERAL.—Subject to paragraph (2), for

25 the fiscal year during which this Act is enacted and
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1 each fiscal year thereafter until the aggregate amount

2 deposited in the Funds under this subsection is equal

3 to at least $57,400,000, the Secretary of the Treasury

4 shall deposit in the Funds an amount equal to 10

5 percent of the receipts from the deposits in the Treas6 ury of the United States for the preceding fiscal year

7 from the power program of the Pick-Sloan Missouri

8 River Basin program, administered by the Western

9 Area Power Administration.

10 (2) ALLOCATION.—Of the total amount of funds

11 deposited into the Funds for a fiscal year, the Sec12 retary of the Treasury shall deposit—

13 (A) 74 percent of the funds into the Chey14 enne River Sioux Tribe Terrestrial Wildlife Res15 toration Trust Fund; and

16 (B) 26 percent of the funds into the Lower

17 Brule Sioux Tribe Terrestrial Wildlife Habitat

18 Restoration Trust Fund.

19 (c) INVESTMENTS.—The Secretary of the Treasury

20 shall invest the amounts deposited under subsection (b) only

21 in interest-bearing obligations of the United States or in

22 obligations guaranteed as to both principal and interest by

23 the United States.

24 (d) PAYMENTS.—
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1 (1) IN GENERAL.—All amounts credited as inter2 est under subsection (c) shall be available, without fis3 cal year limitation, to the Cheyenne River Sioux

4 Tribe and the Lower Brule Sioux Tribe for their use

5 in accordance with paragraph (3).

6 (2) WITHDRAWAL AND TRANSFER OF FUNDS.—

7 Subject to section 202(a)(4)(B), the Secretary of the

8 Treasury shall withdraw amounts credited as interest

9 under paragraph (1) and transfer the amounts to the

10 Cheyenne River Sioux Tribe and the Lower Brule

11 Sioux Tribe for use in accordance with paragraph

12 (3).

13 (3) USE OF TRANSFERRED FUNDS.—

14 (A) IN GENERAL.—Subject to subparagraph

15 (B), the Cheyenne River Sioux Tribe and the

16 Lower Brule Sioux Tribe shall use the amounts

17 transferred under paragraph (2) only to—

18 (i) fully fund the annually scheduled

19 work described in the terrestrial wildlife

20 habitat restoration plan of the respective

21 Tribe developed under section 202(a); and

22 (ii) with any remaining funds—

23 (I) protect archaeological, histori24 cal, and cultural States located along
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1 the Missouri River on land transferred

2 to the respective Tribe;

3 (II) fund all costs associated with

4 the ownership, management, operation,

5 administration, maintenance, and de6 velopment of recreation areas and

7 other lands that are transferred to the

8 respective Tribe by the Secretary;

9 (III) purchase and administer

10 wildlife habitat leases under section

11 202(b);

12 (IV) carry out other activities de13 scribed in section 202;

14 (V) develop and maintain public

15 access to, and protect, wildlife habitat

16 and recreation areas along the Mis17 souri River.

18 (B) PROHIBITION.—The amounts trans19 ferred under paragraph (2) shall not be used for

20 the purchase of land in fee title.

21 (e) TRANSFERS AND WITHDRAWALS.—Except as pro22 vided in subsection (d), the Secretary of the Treasury may

23 not transfer or withdraw any amount deposited under sub24 section (b).
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1 (f) ADMINISTRATIVE EXPENSES.—There are author2 ized to be appropriated to the Secretary of the Treasury

3 such sums as are necessary to pay the administrative ex4 penses of the Fund.

5 SEC. 205. TRANSFER OF FEDERAL LAND TO STATE OF

6 SOUTH DAKOTA.

7 (a) IN GENERAL.—

8 (1) TRANSFER.—The Secretary of the Army shall

9 transfer to the Department of Game, Fish and Parks

10 of the State of South Dakota (referred to in this sec11 tion as the ‘‘Department’’) the land and recreation

12 areas described in subsections (b) and (c) for fish and

13 wildlife purposes, or public recreation uses, in per14 petuity.

15 (2) USES.—The Department shall maintain and

16 develop the land and recreation areas for fish and

17 wildlife purposes in accordance with—

18 (A) fish and wildlife purposes in effect on

19 the date of enactment of this Act; or

20 (B) a plan developed under section 202.

21 (3) CORPS OF ENGINEERS.—The transfer shall

22 not interfere with the Corps of Engineers operation of

23 a project under this section for an authorized purpose

24 of the project under the Act of December 22, 1944 (58
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1 Stat. 887, chapter 665; 33 U.S.C. 701–1 et seq.) or

2 other applicable law.

3 (4) SECRETARY OF THE ARMY.—The Secretary of

4 the Army shall retain the right to inundate with

5 water the land transferred to the Department under

6 this section or draw down a project reservoir, as nec7 essary to carry out an authorized purpose of a

8 project.

9 (b) LAND TRANSFERRED.—The land described in this

10 subsection is land that—

11 (1) is located above the top of the exclusive flood

12 pool of the Oahe Big Bend, Fort Randall, and Gar13 vin’s Point projects of the Pick-Sloan Missouri River

14 Basin program;

15 (2) was acquired by the Secretary of the Army

16 for the implementation of the Pick-Sloan Missouri

17 River Basin program;

18 (3) is located outside the external boundaries of

19 a reservation of an Indian Tribe; and

20 (4) is located within the State of South Dakota.

21 (c) RECREATION AREAS TRANSFERRED.—A recreation

22 area described in this section includes the land and waters

23 within a recreation area that—

24 (1) the Secretary of the Army determines, at the

25 time of the transfer, is a recreation area classified for
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1 recreation use by the Corps of Engineers on the date

2 of enactment of this Act;

3 (2) is located outside the external boundaries of

4 a reservation of an Indian Tribe; and

5 (3) is located within the State of South Dakota.

6 (d) MAP.—

7 (1) IN GENERAL.—The Secretary of the Army, in

8 consultation with the Department, shall prepare a

9 map of the land and recreation areas transferred

10 under this section.

11 (2) LAND.—The map shall identify—

12 (A) land reasonably expected to be required

13 for project purposes during the 20-year period

14 beginning on the date of enactment of this Act;

15 and

16 (B) dams and related structures;

17 which shall be retained by the Secretary.

18 (3) AVAILABILITY.—The map shall be on file in

19 the appropriate offices of the Secretary of the Army.

20 (e) SCHEDULE FOR TRANSFER.—

21 (1) IN GENERAL.—Not later than 1 year after

22 the date of enactment of this Act, the Secretary of the

23 Army and the Secretary of the South Dakota Game,

24 Fish, and Parks Department shall jointly develop a
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1 schedule for transferring the land and recreation

2 areas under this section.

3 (2) TRANSFER DEADLINE.—All land and recre4 ation areas shall be transferred not later than 1 year

5 after the full capitalization of the respective Trust

6 Fund described in section 204.

7 (f) TRANSFER CONDITIONS.—The land and recreation

8 areas described in subsections (b) and (c) shall be trans9 ferred in fee title to the Department on the following condi10 tions:

11 (1) RESPONSIBILITY FOR DAMAGE.—The Sec12 retary of the Army shall not be responsible for any

13 damage to the land caused by flooding, sloughing, ero14 sion, or other changes to the land caused by the oper15 ation of any project of the Pick-Sloan Missouri River

16 Basin program (except as otherwise provided by Fed17 eral law).

18 (2) EASEMENTS, RIGHTS-OF-WAY, LEASES, AND

19 COST-SHARING AGREEMENTS.—The Department shall

20 maintain all easements, rights-of-way, leases, and

21 cost-sharing agreements that are in effect as of the

22 date of the transfer.

23 (g) HUNTING AND FISHING.—Nothing in this title af24 fects jurisdiction over hunting and fishing on the waters

25 of the Missouri River. The State of South Dakota, the Lower
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1 Brule Sioux Tribe, and the Cheyenne River Sioux Tribe

2 shall continue to exercise the jurisdiction the State and

3 Tribes possess on the date of enactment of this Act.

4 SEC. 206. TRANSFER OF CORPS OF ENGINEERS LAND FOR

5 INDIAN TRIBES.

6 (a) IN GENERAL.—

7 (1) TRANSFER.—The Secretary of the Army shall

8 transfer to the Secretary of the Interior the land and

9 recreation areas described in subsections (b) and (c).

10 (2) CORPS OF ENGINEERS.—The transfer shall

11 not interfere with the Corps of Engineers operation of

12 a project under this section for an authorized purpose

13 of the project under the Act of December 22, 1944 (58

14 Stat. 887, chapter 665; 33 U.S.C. 701–1 et seq.) or

15 other applicable law.

16 (3) SECRETARY OF THE ARMY.—The Secretary of

17 the Army shall retain the right to inundate with

18 water the land transferred to the Tribes under this

19 section or draw down a project reservoir, as necessary

20 to carry out an authorized purpose of a project.

21 (4) TRUST.—The Secretary of the Interior shall

22 hold in trust for the Cheyenne River Sioux Tribe and

23 the Lower Brule Sioux Tribe the land transferred

24 under this section that is located within the external

25 boundaries of the reservation of the Indian Tribes.
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1 (b) LAND TRANSFERRED.—The land described in this

2 subsection is land that—

3 (1) is located above the top of the exclusive flood

4 pool of the Big Bend and Oahe projects of the Pick5 Sloan Missouri River Basin program;

6 (2) was acquired by the Secretary of the Army

7 for the implementation of the Pick-Sloan Missouri

8 River Basin program; and

9 (3) is located within the external boundaries of

10 the Cheyenne River Sioux Tribe and the Lower Brule

11 Sioux Tribe.

12 (c) RECREATION AREAS TRANSFERRED.—A recreation

13 area described in this section includes the land and waters

14 within a recreation area that—

15 (1) the Secretary of the Army determines, at the

16 time of the transfer, is a recreation area classified for

17 recreation use by the Corps of Engineers on the date

18 of enactment of this Act;

19 (2) is located within the external boundaries of

20 a reservation of an Indian Tribe; and

21 (3) is located within the State of South Dakota.

22 (d) MAP.—

23 (1) IN GENERAL.—The Secretary of the Army, in

24 consultation with the governing bodies of the Chey25 enne River Sioux Tribe and the Lower Brule Sioux
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1 Tribe, shall prepare a map of the land transferred

2 under this section.

3 (2) LAND.—The map shall identify—

4 (A) land reasonably expected to be required

5 for project purposes during the 20-year period

6 beginning on the date of enactment of this Act;

7 and

8 (B) dams and related structures;

9 which shall be retained by the Secretary.

10 (3) AVAILABILITY.—The map shall be on file in

11 the appropriate offices of the Secretary of the Army.

12 (e) SCHEDULE FOR TRANSFER.—

13 (1) IN GENERAL.—Not later than 1 year after

14 the date of enactment of this Act, the Secretary of the

15 Army and the Chairmen of the Cheyenne River Sioux

16 Tribe and the Lower Brule Sioux Tribe shall jointly

17 develop a schedule for transferring the land and recre18 ation areas under this section.

19 (2) TRANSFER DEADLINE.—All land and recre20 ation areas shall be transferred not later than 1 year

21 after the full capitalization of the respective Trust

22 Fund described in section 204.

23 (f) TRANSFER CONDITIONS.—The land and recreation

24 areas described in subsections (b) and (c) shall be trans-
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1 ferred to, and held in trust by, the Secretary of the Interior

2 on the following conditions:

3 (1) RESPONSIBILITY FOR DAMAGE.—The Sec4 retary of the Army shall not be responsible for any

5 damage to the land caused by flooding, sloughing, ero6 sion, or other changes to the land caused by the oper7 ation of any project of the Pick-Sloan Missouri River

8 Basin program (except as otherwise provided by Fed9 eral law).

10 (2) JURISDICTION.—Nothing in this title affects

11 jurisdiction over the land and waters below the exclu12 sive flood pool and within the external boundaries of

13 the Cheyenne River Sioux Tribe and Lower Brule

14 Sioux Tribe reservations. Jurisdiction over the land

15 and waters shall continue in accordance with the

16 Flood Control Act of 1944 (33 U.S.C. 701–1 et seq.).

17 Jurisdiction over the land transferred under this sec18 tion shall be the same as other land held in trust by

19 the Secretary of the Interior on the Cheyenne River

20 Sioux Tribe reservation and the Lower Brule Sioux

21 Tribe reservation.

22 (3) EASEMENTS, RIGHTS-OF-WAY, LEASES, AND

23 COST-SHARING AGREEMENTS.—

24 (A) MAINTENANCE.—The Secretary of the

25 Interior shall maintain all easements, rights-of-
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1 way, leases, and cost-sharing agreements that are

2 in effect as of the date of the transfer.

3 (B) PAYMENTS TO COUNTY.—The Secretary

4 of the Interior shall pay any affected county 100

5 percent of the receipts from the easements, rights6 of-way, leases, and cost-sharing agreements de7 scribed in subparagraph (A).

8 SEC. 207. ADMINISTRATION.

9 (a) IN GENERAL.—Nothing in this title diminishes or

10 affects—

11 (1) any water right of an Indian Tribe;

12 (2) any other right of an Indian Tribe, except as

13 specifically provided in another provision of this title;

14 (3) any valid, existing treaty right that is in ef15 fect on the date of enactment of this Act;

16 (4) any external boundary of an Indian reserva17 tion of an Indian Tribe;

18 (5) any authority of the State of South Dakota

19 that relates to the protection, regulation, or manage20 ment of fish, terrestrial wildlife, and cultural and ar21 chaeological resources, except as specifically provided

22 in this title; or

23 (6) any authority of the Secretary, the Secretary

24 of the Interior, or the head of any other Federal agen-
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1 cy under a law in effect on the date of enactment of

2 this Act, including—

3 (A) the National Historic Preservation Act

4 (16 U.S.C. 470 et seq.);

5 (B) the Archaeological Resources Protection

6 Act of 1979 (16 U.S.C. 470aa et seq.);

7 (C) the Fish and Wildlife Coordination Act

8 (16 U.S.C. 661 et seq.);

9 (D) the Act entitled ‘‘An Act for the protec10 tion of the bald eagle’’, approved June 8, 1940

11 (16 U.S.C. 668 et seq.);

12 (E) the Migratory Bird Treaty Act (16

13 U.S.C. 703 et seq.);

14 (F) the Endangered Species Act of 1973 (16

15 U.S.C. 1531 et seq.);

16 (G) the Native American Graves Protection

17 and Repatriation Act (25 U.S.C. 3001 et seq.);

18 (H) the Federal Water Pollution Control

19 Act (commonly known as the ‘‘Clean Water

20 Act’’) (33 U.S.C. 1251 et seq.);

21 (I) the Safe Drinking Water Act (42 U.S.C.

22 300f et seq.); and

23 (J) the National Environmental Policy Act

24 of 1969 (42 U.S.C. 4321 et seq.).
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1 (b) POWER RATES.—No payment made under this

2 title shall affect any power rate under the Pick-Sloan Mis3 souri River Basin program.

4 (c) FEDERAL LIABILITY FOR DAMAGE.—Nothing in

5 this Act shall relieve the Federal Government of liability

6 for damage to private land caused by the operation of the

7 Pick-Sloan Missouri River Basin program.

8 (d) FLOOD CONTROL.—Notwithstanding any provi9 sion of this title, the Secretary shall retain the authority

10 to operate the Pick-Sloan Missouri River Basin program

11 for purposes of meeting the requirements of the Flood Con12 trol Act of 1944 (33 U.S.C. 701–1 et seq.).

13 SEC. 208. AUTHORIZATION OF APPROPRIATIONS.

14 (a) SECRETARY.—There are authorized to be appro15 priated to the Secretary such sums as are necessary—

16 (1) to pay the administrative expenses incurred

17 by the Secretary in carrying out this title; and

18 (2) to fund the implementation of terrestrial

19 wildlife habitat restoration plans under section

20 202(a).

21 (b) SECRETARY OF THE INTERIOR.—There are author22 ized to be appropriated to the Secretary of the Interior such

23 sums as are necessary to pay the administrative expenses

24 incurred by the Secretary of the Interior in carrying out

25 this title.