Statute or in the accompanying legislative report
language) have not been obligated for construction
of the project or separable element during any five
subsequent consecutive fiscal years.
(c) CONGRESSIONAL NOTIFICATIONS.—Upon submis-
sion of the lists under subsections (a) and (b), the Sec-
retary shall notify each Senator in whose State, and each
Member of the House of Representatives in whose district,
the affected project or separable element would be located.
(d) FINAL DE-AUTHORIZATION LIST.—The Sec-
retary shall publish annually in the Federal Register a list
of all projects or separable elements de-authorized under
subsections (a) and (b).
(e) DEFINITIONS.—For purposes of this section, for
non-structural flood control projects, the phrase ‘‘con-
struction of the project or separable element’’ means the
acquisition of lands, easements and rights-of-way pri-
marily to relocate structures, or the performance of phys-
ical work under a construction contract for other non-
structural measures. For environmental protection and
restoration projects, it means the acquisition of lands,
easements and right-of-way primarily to facilitate the res-
toration of wetlands or similar habitats, or the perform-
ance of physical work under a construction contract to
modify existing project facilities or to construct new envi-
ronment project and restoration measures. For all other
water resources projects, it means the performance of
physical work under a construction contract. In no case
shall the term ‘‘physical work under a construction con-
tract’’, as used in this subsection, include activities related
to project planning, engineering and design, relocation, or
the acquisition of lands, easements, and rights-of-way.
(f) EFFECTIVE DATE OF PROVISIONS.—Subsections
(a)(2) and (b)(2) shall become effective three years after
the date of enactment of this Act.
SEC. 17. FLOODPLAIN MANAGEMENT REQUIREMENTS.
(a) Section 402 of the Water Resources Development
Act of 1986 (100 Stat. 4133) is amended by—
(1) in subsection (c)(1) by deleting ‘‘Within 6
months after the date of the enactment of this sub-
section, the’’ and inserting ‘‘The’’;
(2) by inserting ‘‘that non-Federal interests
shall adopt and enforce’’ after the word ‘‘policies’’ in
the second sentence in subsection (c)(1); and
(3) by inserting at the end of subsection (c)(1)’’
Such guidelines shall also require non-Federal inter-
ests to take measures to preserve the level of flood
protection provided by the project for which sub-
section (a) applies.’’.
(b) APPLICABILITY.—The amendment made by this
section shall apply to any project or separable element
thereof with respect to which the Secretary and the non-
Federal interest have not entered a project cooperation
agreement on or before the date of enactment of this Act.
SEC. 18. STUDY OF TRANSFER OF PROJECT LANDS.
(a) IN GENERAL.—The Secretary is authorized to
conduct a feasibility study, in cooperation with the Sec-
retary of the Interior, the States of South Dakota, North
Dakota, and Nebraska, and other affected interests, and
with the affected Indian tribes, for the transfer to the Sec-
retary of the Interior of the land described in subsection
(b) to be held in trust for the benefit of the respective
Indian tribes.
(b) LANDS TO BE STUDIED.—The land authorized
to be studied for transfer is land that—
(1) was acquired by the Secretary for the imple-
mentation of the Pick-Sloan Missouri River Basin
program; and
(2) is located within the external boundaries of
the reservations of the Three Affiliated Tribes of the
Fort Berthold Reservation, North Dakota, the
Standing Rock Sioux Tribe of North Dakota and
South Dakota, the Crow Creek Sioux Tribe of the
Crow 
Creek 
Reservation, 
South 
Dakota, 
the
Yankton Sioux Tribe of South Dakota, and the
Flandreau Santee Sioux Tribe of South Dakota.
(c) DEFINITION.—For the purposes of this section,
the term ‘‘Indian tribe’’ means any tribe, band, nation,
or other organized group or community of Indians, includ-
ing any Alaska Native village (as defined in, or established
pursuant to, the Alaska Native Claims Settlement Act (43
U.S.C. 1601 et seq.)) which is recognized as eligible for
the special programs and services provided by the United
States to Indians because of their status as Indians.
SEC. 19. PUGET SOUND AND ADJACENT WATERS RESTORA-
TION.
(a) IN GENERAL.—The Secretary is authorized to
participate in Critical Restoration Projects in the area of
the Puget Sound and its adjacent waters, including the
watersheds that drain directly into Pudget Sound, Admi-
ralty Inlet, Hood Canal, Rosario Strait, and the eastern
portion of the Strait of Juan de Fuca.
(b) DEFINITION.—‘‘Critical Restoration Projects’’
are those projects that will produce, consistent with exist-
ing Federal programs, projects and activities, immediate
and substantial restoration, preservation and ecosystem
protection benefits.
(c) PROJECT SELECTION.—The Secretary, with the
concurrence of the Secretaries of the Interior and Com-
merce, and in consultation with other appropriate Federal,
tribal, State, and local agencies, may identify critical res-
toration projects and may implement those projects after
entering into an agreement with an appropriate non-Fed-
eral interest in accordance with the requirements of sec-
tion 221 of the Flood Control Act of 1970, as amended
(42 U.S.C. 1962d–5b) and this section.
(d) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to the Department of the
Army to pay the Federal share of the cost of carrying out
projects under this section $10,000,000.
(e) PROJECT COST LIMITATION.—Not more than
$2,500,000 in Army Civil Works appropriations Federal
funds may be allocated to carrying out any one project
under this section.
(f) COST SHARING.—
(1) IN GENERAL.—Prior to implementing any
project under this section, the Secretary shall enter
into a binding agreement with the non-Federal inter-
est, which shall require the non-Federal interest to:
(a) pay 35 percent of the total costs of the project;
(b) acquire any lands, easements, rights-of-way, relo-
cations, and dredged material disposal areas nec-
essary for implementation of the project; (c) pay 100
percent of the operation, maintenance, repair, re-
placement, and rehabilitation costs associated with
the project; and (d) hold and save harmless the
United States free from claims or damages due to
implementation of the assistance project, except for
the negligence of the Government or its contractors.
(2) CREDIT.—The non-Federal interest shall
receive credit for the value of any lands, easements,
rights-of-way, relocations, and dredged material dis-
posal areas provided for implementation and comple-
tion of such assistance project. The non-Federal in-
terest may provide up to 50 percent of the non-Fed-
eral cost-sharing requirement through the provision
of services, materials, supplies, or other in-kind serv-
ices.
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