I
105TH CONGRESS
2D SESSION
H. R. 3866
To provide for the conservation and development of water and related re-
sources, to authorize the Secretary to construct various projects for
improvements to rivers and harbors of the United States, and for other
purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 14, 1998
Mr. SHUSTER (for himself, Mr. OBERSTAR, Mr. BOEHLERT, and Mr. BORSKI)
(all by request) introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure
A BILL
To provide for the conservation and development of water
and related resources, to authorize the Secretary to con-
struct various projects for improvements to rivers and
harbors of the United States, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Water Resources Development Act of 1998’’.
(b) TABLE OF CONTENTS.—
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Project authorizations.
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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 protec-
tion, conservation, and recreation measures.
Sec. 12. Contributions 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, Moorefield, West Virginia.
SEC. 2. DEFINITIONS.
For purposes of this Act the term ‘‘Secretary’’ means
the Secretary of the Army.
SEC. 3. PROJECT AUTHORIZATIONS.
(a) PROJECTS
WITH
REPORTS.—The following
projects for water resources development and conservation
and other purposes are authorized to be carried out by
the Secretary substantially in accordance with the plans,
and subject to the conditions, described in the respective
reports designated in this section:
(1) AMERICAN
RIVER
WATERSHED, CALIFOR-
NIA.—
(A) GENERAL.—The project for flood dam-
age reduction described as the Folsom Stepped
Release Plan in the U.S. Army Corps of Engi-
neers Supplemental Information Report for the
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American River Watershed Project, California,
dated March 1996 is authorized for construc-
tion at a total cost of $464,600,000, with an es-
timated Federal cost of $302,000,000 and an
estimated non-Federal cost of $162,600,000.
(B) IMPLEMENTATION.—
(i) Implementation of the measures by
the Secretary pursuant to paragraph (A)
of this subsection shall be undertaken sub-
sequent to the levee stabilization and
strengthening and flood warning features
authorized in section 101(a)(1) of Public
Law 104–303 (110 Stat. 3662–3663).
(ii) The Secretary may undertake
measures at the Folsom Dam and Res-
ervoir authorized pursuant to paragraph
(A) only after reviewing the design of such
measures to determine if modifications are
necessary to account for changed hydro-
logic conditions and any other changed
conditions in the project area, including
operational and construction impacts that
have occurred since completion of the Re-
port referred to in paragraph (A) of this
subsection. The Secretary shall conduct the
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review and develop such modifications to
the Folsom Dam with the full participation
of the Secretary of the Interior.
(iii) Implementation of the remaining
downstream elements authorized pursuant
to paragraph (A) may be undertaken only
after the Secretary, in consultation with
affected Federal, State, Regional, and local
entities, has reviewed the elements to de-
termine if modifications are necessary to
address changes in the hydrologic condi-
tions, any other changed conditions in the
project area that have occurred since com-
pletion of the Report referred to in para-
graph (A) of this subsection and any de-
sign modifications for the Folsom Dam
and Reservoir made by the Secretary in
implementing the measures referred to in
paragraph (B)(ii), and has issued a report
on the review.
(2) AMITE RIVER AND TRIBUTARIES, LOUISI-
ANA, EAST BATON ROUGE PARISH WATERSHED.—
The project for flood damage reduction and recre-
ation, Amite River and Tributaries, Louisiana, East
Baton Rouge Parish Watershed: Report of the Chief
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of Engineers, dated December 23, 1996, at a total
cost of $110,045,000, with an estimated Federal
cost of $71,343,000 and an estimated non-Federal
cost of $38,702,000.
(3) GUANAJIBO
RIVER, PUERTO
RICO.—The
project for flood damage reduction, Guanajibo River,
Puerto Rico: Report of the Chief of Engineers, dated
February 27, 1996, at a total cost of $27,441,000,
with an estimated Federal cost of $17,837,000 and
an estimated non-Federal cost of $9,604,000.
(4) RIO NIGUA AT SALINAS, PUERTO RICO.—
The project for flood damage reduction, Rio Nigua
at Salinas, Puerto Rico: Report of the Chief of Engi-
neers, dated April 15, 1997, at a total cost of
$13,565,000, with an estimated Federal cost of
$7,079,000 and an estimated non-Federal cost of
$6,486,000.
(b) PROJECTS SUBJECT TO A REPORT.—The follow-
ing project for water resources development and conserva-
tion and other purposes is authorized to be carried out
by the Secretary substantially in accordance with the plans
and subject to the conditions recommended in a report of
the Chief of Engineers, as approved by the Secretary:
(1) GRAND FORKS, NORTH DAKOTA, AND EAST
GRAND FORKS, MINNESOTA.—The project for flood
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damage reduction and recreation, Grand Forks,
North Dakota and East Grand Forks, Minnesota,
Report of the Chief of Engineers consisting of set-
back levees and floodwalls, at a total cost of
$281,754,000, with an estimated Federal cost of
$140,877,000 and an estimated non-Federal cost of
$140,877,000.
SEC. 4. FLOOD HAZARD MITIGATION AND RIVERINE ECO-
SYSTEM RESTORATION PROGRAM.
(a) IN GENERAL.—The Secretary is authorized to
undertake a program to reduce flood hazards and to re-
store the natural functions and values of riverine eco-
systems throughout the United States. In carrying out the
program, the Secretary may conduct studies to identify
appropriate flood damage reduction, conservation, and
restoration measures and may design and implement wa-
tershed management and restoration projects. The studies
and projects carried out under this authority shall be con-
ducted, to the maximum extent practicable, with the full
participation of the appropriate Federal agencies, includ-
ing the Department of Agriculture, the Federal Emer-
gency Management Agency, the Department of the Inte-
rior, the Environmental Protection Agency, and the De-
partment of Commerce. Such studies and projects shall,
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to the maximum extent practicable, emphasize non-struc-
tural approaches to preventing or reducing flood damages.
(b) COST-SHARING REQUIREMENTS.—The cost of
studies conducted under this authority shall be shared in
accordance with section 105 of the Water Resources De-
velopment Act of 1986 (100 Stat. 4088–4089) as amend-
ed by section 203 of the Water Resources Development
Act of 1996 (110 Stat. 3677–3678). The non-Federal in-
terests shall pay 35 percent of the cost of any environ-
mental restoration or non-structural flood control project
carried out under this authority. The non-Federal inter-
ests shall provide all lands, easements, rights-of-way,
dredged material disposal areas, and relocations necessary
for such projects, and the value of such lands, easements,
rights-of-way, dredged material disposal areas, and reloca-
tions shall be credited toward the payment required under
this subsection. For any structural flood control measures
carried out under this authority, the cost sharing shall be
in accordance with section 103(a) of the Water Resources
Development Act of 1986 as amended by section 202 of
the Water Resources Development Act of 1996 (33 U.S.C.
2213(a)). The non-Federal interests shall be responsible
for all costs associated with operating, maintaining, re-
placing, repairing, and rehabilitating all projects carried
out under this authority.