II

105TH CONGRESS

2D SESSION S. 2131

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

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.

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.
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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.

1 SEC. 2. DEFINITIONS.

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

3 means the Secretary of the Army.

4 SEC. 3. PROJECT AUTHORIZATIONS.

5 (a) PROJECTS WITH REPORTS.—The following

6 projects for water resources development and conservation

7 and other purposes are authorized to be carried out by

8 the Secretary substantially in accordance with the plans,

9 and subject to the conditions, described in the respective

10 reports designated in this section:

11 (1) AMERICAN RIVER WATERSHED, CALIFOR12 NIA.—

13 (A) GENERAL.—The project for flood dam14 age reduction described as the Folsom Stepped

15 Release Plan in the U.S. Army Corps of Engi-
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1 neers Supplemental Information Report for the

2 American River Watershed Project, California,

3 dated March 1996 is authorized for construc4 tion at a total cost of $464,600,000, with an es5 timated Federal cost of $302,000,000 and an

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

7 (B) IMPLEMENTATION.—

8 (i) Implementation of the measures by

9 the Secretary pursuant to paragraph (A)

10 of this subsection shall be undertaken sub11 sequent to the levee stabilization and

12 strengthening and flood warning features

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

14 Law 104–303 (110 Stat. 3662–3663).

15 (ii) The Secretary may undertake

16 measures at the Folsom Dam and Res17 ervoir authorized pursuant to paragraph

18 (A) only after reviewing the design of such

19 measures to determine if modifications are

20 necessary to account for changed hydro21 logic conditions and any other changed

22 conditions in the project area, including

23 operational and construction impacts that

24 have occurred since completion of the Re25 port referred to in paragraph (A) of this
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1 subsection. The Secretary shall conduct the

2 review and develop such modifications to

3 the Folsom Dam with the full participation

4 of the Secretary of the Interior.

5 (iii) Implementation of the remaining

6 downstream elements authorized pursuant

7 to paragraph (A) may be undertaken only

8 after the Secretary, in consultation with

9 affected Federal, State, Regional, and local

10 entities, has reviewed the elements to de11 termine if modifications are necessary to

12 address changes in the hydrologic condi13 tions, any other changed conditions in the

14 project area that have occurred since com15 pletion of the Report referred to in para16 graph (A) of this subsection and any de17 sign modifications for the Folsom Dam

18 and Reservoir made by the Secretary in

19 implementing the measures referred to in

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

21 on the review.

22 (2) AMITE RIVER AND TRIBUTARIES, LOUISI23 ANA, EAST BATON ROUGE PARISH WATERSHED.—

24 The project for flood damage reduction and recre25 ation, Amite River and Tributaries, Louisiana, East
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1 Baton Rouge Parish Watershed: Report of the Chief

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

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

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

5 cost of $38,702,000.

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

7 project for flood damage reduction, Guanajibo River,

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

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

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

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

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

13 The project for flood damage reduction, Rio Nigua

14 at Salinas, Puerto Rico: Report of the Chief of Engi15 neers, dated April 15, 1997, at a total cost

16 $13,565,000, with an estimated Federal cost of

17 $7,079,000 and an estimated non-Federal cost of

18 $6,486,000.

19 (b) PROJECTS SUBJECT TO A REPORT.—The follow20 ing project for water resources development and conserva21 tion and other purposes is authorized to be carried out

22 by the Secretary substantially in accordance with the plans

23 and subject to the conditions recommended in a report of

24 the Chief of Engineers, as approved by the Secretary:
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1 (1) GRAND FORKS, NORTH DAKOTA, AND EAST

2 GRAND FORKS, MINNESOTA.—The project for flood

3 damage reduction and recreation, Grand Forks,

4 North Dakota and East Grand Forks, Minnesota,

5 Report of the Chief of Engineers consisting of set6 back levees and floodwalls, at a total cost of

7 $281,754,000, with an estimated Federal cost of

8 $140,877,000 and an estimated non-Federal cost of

9 $140,877,000.

10 SEC. 4. FLOOD HAZARD MITIGATION AND RIVERINE ECO11 SYSTEM RESTORATION PROGRAM.

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

13 undertake a program to reduce flood hazards and to re14 store the natural functions and values of riverine eco15 systems throughout the United States. In carrying out the

16 program, the Secretary may conduct studies to identify

17 appropriate flood damage reduction, conservation, and

18 restoration measures and may design and implement wa19 tershed management and restoration projects. The studies

20 and projects carried out under this authority shall be con21 ducted, to the maximum extent practicable, with the full

22 participation of the appropriate Federal agencies, includ23 ing the Department of Agriculture, the Federal Emer24 gency Management Agency, the Department of the Inte25 rior, the Environmental Protection Agency, and the De-
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1 partment of Commerce. Such studies and projects shall,

2 to the maximum extent practicable, emphasize non-struc3 tural approaches to preventing or reducing flood damages.

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

5 studies conducted under this authority shall be shared in

6 accordance with section 105 of the Water Resources De7 velopment Act of 1986 (100 Stat. 4088–4089) as amend8 ed by section 203 of the Water Resources Development

9 Act of 1996 (110 Stat. 3677–3678). The non-Federal in10 terests shall pay 35 percent of the cost of any environ11 mental restoration or non-structural flood control project

12 carried out under this authority. The non-Federal inter13 ests shall provide all lands, easements, rights-of-way,

14 dredged material disposal areas, and relocations necessary

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

16 rights-of-way, dredged material disposal areas, and reloca17 tions shall be credited toward the payment required under

18 this subsection. For any structural flood control measures

19 carried out under this authority, the cost sharing shall be

20 in accordance with section 103(a) of the Water Resources

21 Development Act of 1986 as amended by section 202 of

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

23 2213(a)). The non-Federal interests shall be responsible

24 for all costs associated with operating, maintaining, re-
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1 placing, repairing, and rehabilitating all projects carried

2 out under this authority.

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

4 any other provision of law or requirement for economic

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

6 the Secretary may implement a project under this author7 ity provided the Secretary determines that the project—

8 (A) will significantly reduce potential flood

9 damages;

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

11 and

12 (C) is justified considering all costs and bene13 ficial outputs of the project.

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

15 section the Secretary shall develop criteria for selecting

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

17 Program authorized by this section and shall establish

18 policies and procedures for carrying out the studies and

19 projects undertaken under this authority.

20 (d) REPORTING REQUIREMENT.—The Secretary may

21 not implement a project under this authority until—

22 (1) the Secretary provides to the appropriate

23 committees of Congress a written notification de24 scribing the project and the determinations reached

25 pursuant to subsection (c); and
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1 (2) a period of 21 calendar days has expired

2 following the date on which the notification was re3 ceived by the Committees.

4 (e) PROGRAM REVIEW.—The program established

5 pursuant to this section shall be subject to an independent

6 review to evaluate the efficiency of the program in achiev7 ing the dual goals of flood hazard mitigation and eco8 system restoration. The Secretary shall transmit a report

9 on the findings of the review conducted under this sub10 section to the Congress by April 2004, together with any

11 recommendations for continuing the program.

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

13 $75,000,000 in Army Civil Works appropriations may be

14 expended on any single project undertaken under this au15 thority.

16 (g) AUTHORIZATION OF APPROPRIATIONS.—There is

17 authorized to be appropriated to carry out this section

18 $25,000,000 for each fiscal year for fiscal years 1999 and

19 2000; $50,000,000 for fiscal year 2001; and $75,000,000

20 for each fiscal year for fiscal years 2002 through 2004.

21 All studies and projects undertaken under this authority

22 from Army Civil Works appropriations shall be fully fund23 ed within the program funding levels provided in this sub24 section.
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1 SEC. 5. SHORE PROTECTION.

2 Section 103(d) of the Water Resources Development

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

4 (1) inserting the following immediately before

5 the phrase ‘‘Costs of constructing projects or meas6 ures for beach erosion control;’’:

7 ‘‘(1) CONSTRUCTION.—’’; and

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

9 ‘‘(2) PERIODIC NOURISHMENT.—The non-Fed10 eral cost of the periodic nourishment of projects or

11 measures for shore protection or beach erosion con12 trol shall be 65 percent, except that all costs as13 signed to benefits to privately owned shores (where

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

15 to prevention of losses of private lands shall be

16 borne by non-Federal interests and all costs assigned

17 to the protection of federally owned shores shall be

18 borne by the United States.’’.

19 SEC. 6. SMALL FLOOD CONTROL PROJECTS.

20 Section 205 of the Flood Control Act of 1948 as

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

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

23 and inserting in lieu thereof ‘‘implementation of

24 small structural and nonstructural projects’’; and

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

26 thereof ‘‘$7,000,000’’.
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1 SEC. 7. USE OF NON-FEDERAL FUNDS FOR COMPILING AND

2 DISSEMINATING INFORMATION ON FLOODS

3 AND FLOOD DAMAGES.

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

5 amended (33 U.S.C. 709a(b)) is further amended by add6 ing the following language immediately following the word

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

8 that this limitation on fees shall not apply to funds volun9 tarily contributed by such entities for the purpose of ex10 panding the scope of the services requested by such enti11 ties’’.

12 SEC. 8. EVERGLADES AND SOUTH FLORIDA ECOSYSTEM

13 RESTORATION.

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

15 of the Water Resources Development Act of 1996 (110

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

17 in lieu thereof ‘‘2000’’.

18 SEC. 9. AQUATIC ECOSYSTEM RESTORATION.

19 Section 206(c) of the Water Resources Development

20 Act of 1996 (110 Stat. 3679–3680) is amended by insert21 ing a new sentence at the end thereof as follows: ‘‘Not22 withstanding 42 U.S.C. 1962d–5b(b), for any project un23 dertaken under this authority, a non-Federal interest may

24 also include a non-profit entity.’’.
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1 SEC. 10. BENEFICIAL USES OF DREDGED MATERIAL.

2 Section 204 of the Water Resources Development Act

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

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

5 3680) is further amended by—

6 (1) striking ‘‘cooperative agreement in accord7 ance with the requirements of section 221 of the

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

9 inserting in lieu thereof ‘‘binding agreement with the

10 Secretary’’; and

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

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

13 42 U.S.C. 1962d–5b(b), for any project carried out under

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

15 non-profit entity.’’.

16 SEC. 11. COOPERATIVE AGREEMENTS FOR NATURAL RE17 SOURCES, ENVIRONMENTAL PROTECTION,

18 CONSERVATION, AND RECREATION MEAS19 URES.

20 The Secretary is authorized to enter into cooperative

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

22 entities for the purpose of facilitating collaborative efforts

23 involving environmental protection and restoration, natu24 ral resources, conservation, and recreation in connection

25 with the development, operation, and management of
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1 water resources projects under the jurisdiction of the De2 partment of the Army.

3 SEC. 12. CONTRIBUTIONS BY STATES AND POLITICAL SUB4 DIVISIONS.

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

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

7 701h) is further amended by inserting the words ‘‘or envi8 ronmental restoration’’ after the words ‘‘flood control’’.

9 SEC. 13. RECREATION USER FEES.

10 (a) During fiscal years 1999 through 2002, the Sec11 retary may withhold from the special account established

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

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

14 each fiscal year received from fees imposed at recreation

15 sites under the administrative jurisdiction of the Depart16 ment of the Army pursuant to 16 U.S.C. 460l–6a(b). The

17 amounts withheld shall be retained by the Secretary and

18 shall be available, without further appropriation, for ex19 penditure by the Secretary in accordance with the provi20 sions of this section. Such amounts shall remain available

21 through September 30, 2005.

22 (b) In order to increase the quality of the visitor expe23 rience at public recreational areas and to enhance the pro24 tection of resources, the amounts withheld pursuant to

25 subsection (a) and available for expenditure may only be
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1 used for backlogged repair and maintenance projects (in2 cluding projects relating to health and safety) and for in3 terpretation, signage, habitat or facility enhancement, re4 source preservation, annual operation (including fee collec5 tion), maintenance, and law enforcement related to public

6 use.

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

8 by the Secretary shall be available for expenditure without

9 further appropriation at the specific site from which such

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

11 for separately.

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

13 the Secretary shall be available for expenditure without

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

15 shall be accounted for separately.

16 SEC. 14. SHORELINE MANAGEMENT PROGRAM FEES.

17 No later than 12 months after the date of enactment

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

19 shall review the Shoreline Management Program adminis20 tered by the Army Corps of Engineers at water resources

21 development projects under the jurisdiction of the Depart22 ment of the Army to determine the costs associated with

23 administering the Program. Each review conducted pursu24 ant to this section shall include an analysis of the fee

25 schedule in place at the time the review is initiated. If
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1 the Secretary determines that adjustments to the fee

2 schedule are necessary in order to ensure collection of rev3 enues sufficient to cover the costs of administering the

4 Program, the Secretary may make those adjustments in

5 accordance with applicable regulations.

6 SEC. 15. WATER RESOURCES DEVELOPMENT STUDIES FOR

7 THE PACIFIC REGION.

8 Section 444 of the Water Resources Development Act

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

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

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

12 including navigation, flood damage reduction, and environ13 mental restoration’’.

14 SEC. 16. WATER RESOURCES FOUNDATION.

15 (a) ESTABLISHMENT.—There is established the

16 Water Resources Foundation (hereinafter referred to as

17 the ‘‘Foundation’’) as a charitable and nonprofit corpora18 tion domiciled in the District of Columbia, which is not

19 an agency or establishment of the United States.

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

21 to—

22 (1) encourage, accept, and administer private

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

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

25 and services of the Army Corps of Engineers in
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1 managing natural resources at water resources de2 velopment projects administered by the Department

3 of the Army;

4 (2) undertake and conduct such other activities

5 as will further the conservation and management of

6 natural, scenic, historic and recreational resources at

7 such projects;

8 (3) further a stewardship ethic among Amer9 ican citizens to conserve and utilize the diverse natu10 ral resources available at such projects;

11 (4) initiate and support programs that broaden

12 and enhance the services, facilities, and educational

13 and interpretive activities for visitors to such

14 projects; and

15 (5) strengthen and improve the various means

16 by which the Army Corps of Engineers uses its

17 human and financial resources to manage the natu18 ral resources at such projects.

19 (c) LIMITATIONS AND CONFLICTS OF INTERESTS.—

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

21 a political campaign on behalf of any candidate for public

22 office.

23 (2) No director, officer, or employee of the Founda24 tion shall participate, directly or indirectly, in the consid-
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1 eration or determination of any question before the Foun2 dation affecting—

3 (A) the financial interests of the director, offi4 cer, or employee; or

5 (B) the interests of any corporation, partner6 ship, entity, or organization in which such director,

7 officer, or employee—

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

9 (ii) has any direct or indirect financial in10 terest.

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

12 501(c)(3) of title 26 of the United States Code, the Foun13 dation shall be treated as organized and operated exclu14 sively for charitable purposes in calendar years 1998 and

15 1999. For calendar years 2000 and thereafter, the Foun16 dation shall be required to maintain its tax exempt status

17 in the manner as prescribed by the Secretary of the Treas18 ury for similar tax exempt organizations.

19 (e) BOARD OF DIRECTORS AND GOVERNANCE OF

20 THE FOUNDATION.—

21 (1) The Foundation shall have a governing

22 Board of Directors (hereinafter referred to as the

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

24 of whom shall be a United States citizen and none

25 of whom shall be an employee of the Federal govern-
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1 ment. Members of the Board shall be appointed by

2 the Secretary and shall be educated in or have ac3 tual experience in natural or cultural resource man4 agement, recreation management, or law. To the ex5 tent practicable, the membership of the Board shall

6 represent diverse points of view relating to natural

7 and cultural resource issues. The Secretary or a des8 ignee shall serve as a liaison to the Board. Appoint9 ment to the Board shall not constitute employment

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

11 for the purposes of any Federal law.

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

13 of this Act, the Secretary shall appoint the initial

14 members of the Board of Directors. Of these initial

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

16 years, three members shall be appointed for a term

17 of three years, and three members shall be appointed

18 for a term of four years. All subsequent appoint19 ments to the Board shall be for a term of four years.

20 (3) The Chairperson shall be elected by the

21 Board from its members. A chairperson shall serve

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

23 post during the Chairperson’s tenure as a Director.
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1 (4) A majority of the current voting member2 ship of the Board shall constitute a quorum for the

3 transaction of business.

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

5 Chairperson at least once a year. If a Director

6 misses three consecutive regularly scheduled meet7 ings, that individual may be removed from the

8 Board by majority vote of the Board of Directors

9 and that vacancy filled in accordance with paragraph

10 (2) of this subsection.

11 (6) Voting members of the Board shall serve

12 without pay, but may be reimbursed for the actual

13 and necessary traveling and subsistence expenses in14 curred by them in the performance of their duties

15 for the Foundation. Such reimbursement may not

16 exceed such amount as would be authorized under

17 section 5703 of title 5, for the payment of expenses

18 and allowances for individuals employed intermit19 tently in the Federal Government service.

20 (7) The Board may complete the organization

21 of the Foundation by appointing employees, adopt22 ing a constitution and bylaws consistent with the

23 purposes of the Foundation and the provisions of

24 this section, and undertaking such acts as may be
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1 necessary to function and carry out the provisions of

2 this section.

3 (8) Officers and employees shall not be ap4 pointed or hired by the Board until the Foundation

5 has sufficient funds to pay for their services. Such

6 officers or employees of the Foundation shall not be

7 considered Federal employees for any purpose, in8 cluding the provisions of title 5, governing appoint9 ments in the competitive service, and may be paid

10 without regard to the provisions of chapter 51 and

11 subchapter III of chapter 53 of such title relating to

12 classification and General Schedule pay rates, except

13 that no individual so appointed may receive pay in

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

15 Level V of the Executive Schedule.

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

17 other individual, the Board shall appoint an individ18 ual to serve as the Executive Director of the Board,

19 who shall serve at the direction of the Board as its

20 chief operating officer and who shall be knowledge21 able and experienced in matters relating to natural

22 and cultural resource management.

23 (f) CORPORATE POWERS AND OBLIGATIONS.—

24 (1) The Foundation—

25 (A) shall have perpetual succession;
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1 (B) may conduct business throughout the

2 several States, territories, and possessions of

3 the United States;

4 (C) shall have its principal offices in the

5 Washington, D.C. metropolitan area; and

6 (D) shall at all times maintain a des7 ignated agent in the District of Columbia au8 thorized to accept service of process for the

9 Foundation.

10 (2) The serving of notice to, or service of proc11 ess upon, the agent required under this subsection,

12 or mailed to the business address of such agent,

13 shall be deemed as service upon or notice to the

14 Foundation.

15 (3) The Foundation shall have an official seal

16 selected by the Board which shall be judicially no17 ticed.

18 (4) To carry out its purposes, the Foundation

19 shall have, in addition to powers otherwise author20 ized under this section, the usual powers of a cor21 poration in the District of Columbia, including the

22 power—

23 (A) to accept, receive, solicit, hold, admin24 ister and use any gift, devise, or bequest, either

25 absolutely or in trust, of real or personal prop-
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1 erty or any income therefrom or other interest

2 therein;

3 (B) to acquire by purchase or exchange

4 any real or personal property or interest there5 in;

6 (C) unless otherwise required by the in7 strument of transfer, to sell, donate, lease, in8 vest, reinvest, retain or otherwise dispose of any

9 property or income therefrom;

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

11 defend itself in any court of competent jurisdic12 tion, except that the Directors of the Board

13 shall not be personally liable, except for gross

14 negligence;

15 (E) to enter into contracts or other ar16 rangements with public agencies, private orga17 nizations, and persons and to make such pay18 ments as may be necessary to carry out its

19 functions; and

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

21 proper to carry out the purposes of the Founda22 tion.

23 (g) PROPERTY.—

24 (1) The Foundation may acquire, hold, and dis25 pose of lands, waters, or other interests in real prop-
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1 erty by donation, gift, devise, purchase or exchange.

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

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

4 and water rights, rights of way, and easements ap5 purtenant or in gross. Nothing in this section shall

6 be construed to be applied to real or personal prop7 erty of the United States of America.

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

9 that are owned by the Foundation and are deter10 mined by the Secretary to be valuable for purposes

11 established in this section shall be subject to con12 demnation by any State or political subdivision, or

13 any agent or instrumentality thereof.

14 (h) ADMINISTRATIVE SUPPORT.—The Secretary may

15 reimburse the Foundation for expenses incurred pursuant

16 to subsection (e) of this section, except that reimburse17 ment for traveling and subsistence payments may not ex18 ceed then current Federal Government per diem rates.

19 (i) AUDITS AND REPORT REQUIREMENTS.—

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

21 for audit of accounts of private corporations estab22 lished under Federal law’’, approved August 30,

23 1964 (36 U.S.C. 1101 through 1103; Public Law

24 88–504) the Foundation shall be treated as a pri25 vate corporation established under Federal law.
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1 (2) The Foundation shall transmit to the Sec2 retary each year a report of its proceedings and ac3 tivities of the previous year, including a full and

4 complete statement of its receipts, expenditures, and

5 investments.

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

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

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

9 the United States extend to any obligations of the Foun10 dation.

11 (k) ACTIVITIES OF THE FOUNDATION AND ARMY

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

13 authorized under the provisions of this Act shall be supple14 mental to and shall not preempt any authority or respon15 sibility of the Army Corps of Engineers under any other

16 provision of law.

17 (l) AUTHORIZATION OF APPROPRIATIONS.—For the

18 purposes of reimbursing the Foundation for certain costs,

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

20 authorized to be appropriated to the Department of the

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

22 2001.

23 SEC. 17. REGULATORY PROGRAM FUNDING.

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

25 permit applicants for the evaluation of commercial permit
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1 applications; the preparation of Environmental Impact

2 Statements as required by the National Environmental

3 Policy Act of 1969 in connection with such commercial

4 permit applications; and the delineation of wetlands for

5 major developments affecting wetlands.

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

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

8 Works Regulatory Program Account’’ (hereafter referred

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

10 be deposited fees collected by the Secretary pursuant to

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

12 Regulatory Program Account shall be available to the Sec13 retary, as provided in Appropriation Acts, to apply toward

14 the costs incurred by the Department of the Army in ad15 ministering laws pertaining to the regulation of the navi16 gable waters of the United States including wetlands, in

17 addition to appropriations otherwise available for the same

18 purpose.

19 SEC. 18. FLOOD MITIGATION NEAR PIERRE, SOUTH DA20 KOTA.

21 (a) GENERAL.—(1) To provide full operation capabil22 ity to carry out the authorized purposes of the Missouri

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

24 Missouri River Basin Program authorized by section 9 of

25 the Act entitled ‘‘An Act authorizing the construction of
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1 certain public works on rivers and harbors for flood con2 trol, and other purposes’’ approved December 22, 1944,

3 the Secretary may acquire from willing sellers such land

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

5 floodproof or relocate such property within the project

6 area, as the Secretary determines is adversely affected by

7 the full wintertime Oahe Powerplant releases, provided

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

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

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

11 maintained in perpetuity for a use that is compatible with

12 any remaining flood threat.

13 (2) The Secretary may not obligate funds to imple14 ment this section until the Secretary has completed a re15 port addressing the criteria for selecting which properties

16 are to be acquired, relocated or floodproofed, and a plan

17 for implementing such measures. This report should be

18 completed no later than one year after funding is made

19 available. The report and implementation plan should be

20 coordinated with the Federal Emergency Management

21 Agency, and both should be prepared in consultation with

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

23 residents. Such report should take into account informa24 tion from prior and ongoing studies.
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1 (b) STUDY COST-SHARING REQUIREMENTS.—The

2 cost of studies conducted under this authority shall be

3 shared in accordance with section 105 of the Water Re4 sources Development Act of 1986 (100 Stat. 4088–4089),

5 as amended.

6 (c) AUTHORIZATION FOR APPROPRIATIONS.—There

7 is authorized to be appropriated to carry out this section

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

9 SEC. 19. LOWER MISSOURI RIVER AQUATIC RESTORATION

10 PROJECTS.

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

12 funds are made available for such purposes, the Secretary

13 shall finalize a comprehensive report—

14 (1) identifying a general implementation strat15 egy and overall plan for environmental restoration

16 and protection along the Lower Missouri River be17 tween Gavins Point Dam and the confluence of the

18 Missouri and Mississippi Rivers; and

19 (2) recommending individual environmental res20 toration projects that can be considered by the Sec21 retary for implementation under section 206 of the

22 Water Resources Development Act of 1996 (110

23 Stat. 3679–3680).

24 (b) SCOPE OF PROJECTS.—Any environmental res25 toration projects carried out pursuant to subsection (a)
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1 shall provide for such activities and measures as the Sec2 retary determines to be necessary to protect and restore

3 fish and wildlife habitat without adversely affecting pri4 vate property rights or water related needs of the region

5 surrounding the Missouri River, including flood control,

6 navigation, and enhancement of water supply and shall in7 clude some or all of the following components:

8 (1) modification and improvement of navigation

9 training structures to protect and restore fish and

10 wildlife habitat;

11 (2) modification and creation of side channels

12 to protect and restore fish and wildlife habitat;

13 (3) restoration and creation of island fish and

14 wildlife habitat;

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

16 and

17 (5) physical and biological monitoring for evalu18 ating the success of the projects.

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

20 maximum extent practicable, integrate projects carried out

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

22 and State restoration activities.

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

24 pursuant to subsection (a) shall be undertaken at full Fed25 eral expense.
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1 SEC. 20. PAYMENT OPTION, MOOREFIELD, WEST VIRGINIA.

2 The Secretary may permit the non-Federal sponsor

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

4 to pay without interest the remaining non-Federal cost

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

6 by the Secretary.

Æ