[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2418 Introduced in Senate (IS)]

103d CONGRESS
  2d Session
                                S. 2418

 To improve the management of floodplains, to protect and restore the 
          environment in floodplains, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

              August 24 (legislative day, August 18), 1994

  Mr. Baucus introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
 To improve the management of floodplains, to protect and restore the 
          environment in floodplains, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Floodplain 
Management, Environmental Restoration, and Recreation Act of 1994''.
    (b) Table of Contents.--

Sec. 1. Short title; table of contents.
Sec. 2. Definition of Secretary.
                     TITLE I--FLOODPLAIN MANAGEMENT

Sec. 101. Water Resources Council.
Sec. 102. Upper Mississippi River system flood management.
Sec. 103. Lower Mississippi River system flood management.
Sec. 104. Missouri River Basin Association.
Sec. 105. Studies.
Sec. 106. River basin management plans.
Sec. 107. Determination of flood control benefits.
Sec. 108. Use of funds for nonstructural measures.
Sec. 109. Levee maintenance and repair program.
Sec. 110. Missouri River floodway project.
Sec. 111. Buy-out funding.
Sec. 112. Watershed approach to flood loss reduction.
           TITLE II--ENVIRONMENTAL PROTECTION AND RECREATION

Sec. 201. Findings.
Sec. 202. Project modifications for improvement of the environment.
Sec. 203. Aquatic ecosystem restoration.
Sec. 204. Revision of Principles and Guidelines.
Sec. 205. Small recreation and environmental projects.
Sec. 206. Cost share for recreation projects.
Sec. 207. Local cost-share credit for in-kind contributions for 
                            environmental and recreation projects.
Sec. 208. Rebuilding recreational facilities after reservoir drawdowns.

SEC. 2. DEFINITION OF SECRETARY.

    As used in this Act, the term ``Secretary'' means the Secretary of 
the Army.

                     TITLE I--FLOODPLAIN MANAGEMENT

SEC. 101. WATER RESOURCES COUNCIL.

    (a) Membership and Purposes.--Section 101 of the Water Resources 
Planning Act (42 U.S.C. 1962a) is amended--
            (1) in the first sentence, by striking ``and the Chairman 
        of the Federal Power Commission'' and inserting ``the Secretary 
        of Energy, and the Director of the Federal Emergency Management 
        Agency'';
            (2) in the second sentence, by inserting ``(or designees of 
        the heads)'' after ``agencies''; and
            (3) in the third sentence, by striking ``designated by the 
        President.'' and inserting ``the Chairman of the Council on 
        Environmental Quality established by section 202 of the 
        National Environmental Policy Act of 1969 (42 U.S.C. 4342). The 
        Chairman of the Council shall report directly to the 
        President.''.
    (b) Duties.--Section 102 of such Act (42 U.S.C. 1962a-1) is 
amended--
            (1) by striking ``(a)'' and inserting ``(1)'';
            (2) in paragraph (1) (as so redesignated), by striking 
        ``and'' at the end;
            (3) by striking ``(b)'' and inserting ``(2)'';
            (4) in paragraph (2) (as so redesignated), by striking the 
        period at the end and inserting a semicolon; and
            (5) by adding at the end the following new paragraphs:
            ``(3) serve as the primary center for assistance concerning 
        the coordination and resolution of interstate and interagency 
        water resources management issues;
            ``(4)(A) seek to align Federal floodplain management with 
        other broad national goals; and
            ``(B) serve as an innovative planning and technology 
        clearinghouse for floodplain management;
            ``(5) not later than March 1, 1996, prepare and submit to 
        Congress a report evaluating the efforts of the Secretary of 
        the Army to change the policies and practices of the Army Corps 
        of Engineers concerning the use of structural solutions to 
        water resources management problems; and
            ``(6) oversee the activities of--
                    ``(A) the Upper Mississippi River Flood Management 
                Coordinating Committee established under section 102(b) 
                of the Floodplain Management, Environmental 
                Restoration, and Recreation Act of 1994;
                    ``(B) the Lower Mississippi River Flood Management 
                Coordinating Committee established under section 103(c) 
                of the Floodplain Management, Environmental 
                Restoration, and Recreation Act of 1994; and
                    ``(C) the Missouri River Flood Management 
                Coordinating Committee established under section 104(c) 
                of the Floodplain Management, Environmental 
                Restoration, and Recreation Act of 1994.''.
    (c) Authorization of Appropriations.--Section 401 of such Act (42 
U.S.C. 1962d) is amended to read as follows:

``SEC. 401. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to the Water Resources 
Council to carry out title I and this title $1,000,000 for each fiscal 
year.''.
    (d) Conforming Amendment.--Section 13(e) of the Federal Nonnuclear 
Energy Research and Development Act of 1974 (42 U.S.C. 5912(e)) is 
amended by striking ``section 102(a) of the Water Resources Planning 
Act (42 U.S.C. 1962a-1(a))'' and inserting ``section 102(1) of the 
Water Resources Planning Act (42 U.S.C. 1962a-1(1))''.

SEC. 102. UPPER MISSISSIPPI RIVER SYSTEM FLOOD MANAGEMENT.

    (a) Definition of Upper Mississippi River System.--Section 1103 of 
the Water Resources Development Act of 1986 (33 U.S.C. 652) is 
amended--
            (1) in subsection (b), by striking paragraph (1) and 
        inserting the following new paragraph:
            ``(1) the terms `Upper Mississippi River system' and 
        `system' mean the Mississippi River and the tributaries of the 
        river north of and adjacent to Cairo, Illinois, except for the 
        Missouri River and the tributaries of the river;''; and
            (2) in subsection (e), by striking paragraph (2) and 
        inserting the following new paragraph:
            ``(2) Report.--Not later than 2 years after the date of 
        enactment of the Floodplain Management, Environmental 
        Restoration, and Recreation Act of 1994, the Secretary and the 
        Secretary of the Interior, in cooperation with the States of 
        Illinois, Iowa, Minnesota, Missouri, and Wisconsin, and with 
        the approval of the Upper Mississippi River Basin Association, 
        shall prepare and submit to Congress a report that assesses the 
        environmental sustainability of the Upper Mississippi River 
        system, evaluates the programs referred to in paragraph (1), 
        and recommends additional or alternative actions to enhance and 
        protect the long-term ecological integrity of the basin of the 
        Upper Mississippi River system. The report shall use 
        information obtained through the long-term resource monitoring 
        program referred to in paragraph (1)(B) and shall address both 
        watershed and floodplain actions.''.
    (b) Flood Management Coordinating Committee.--
            (1) Establishment.--The Secretary shall establish a 
        committee to be known as the ``Upper Mississippi River Flood 
        Management Coordinating Committee'' to review and recommend 
        approval or disapproval of the river basin management plan 
        developed under section 106(a).
            (2) Membership.--The Committee shall consist of the 
        Secretary, the Secretary of the Interior, the Secretary of 
        Agriculture, and the Governors of the States of Illinois, Iowa, 
        Minnesota, Missouri, and Wisconsin.
            (3) Oversight.--The Committee shall report to the Water 
        Resources Council established under title I of the Water 
        Resources Planning Act (42 U.S.C. 1962a et seq.).
            (4) Compensation.--A member of the Committee who is an 
        officer or employee of the Federal Government shall serve 
        without additional compensation. A member of the Committee who 
        is a Governor shall not receive any compensation from the 
        Federal Government for the service of the member on the 
        Committee.

SEC. 103. LOWER MISSISSIPPI RIVER SYSTEM FLOOD MANAGEMENT.

    (a) Definitions.-- As used in this section:
            (1) Lower mississippi river system.--The terms ``Lower 
        Mississippi River system'' and ``system'' mean the Mississippi 
        River and the tributaries of the river south of, and adjacent 
        to, Cairo, Illinois, except for the Ohio River and the 
        tributaries of the river.
            (2) Mississippi river commission.--The term ``Mississippi 
        River Commission'' means the commission established by the Act 
        of June 28, 1879 (21 Stat. 37, chapter 43; 33 U.S.C. 641).
    (b) Program Authority.--The Secretary, in consultation with the 
Secretary of the Interior, the Secretary of Agriculture, and the 
Secretary of Transportation, shall carry out, with respect to the 
system and consistent with the river basin management plan developed 
under section 106(b)--
            (1) a program for the planning, construction, and 
        evaluation of measures for fish and wildlife habitat 
        restoration and enhancement; and
            (2) a long-term resource monitoring program.
    (c) Flood Management Coordinating Committee.--
            (1) Establishment.--The Secretary shall establish a 
        subcommittee of the Mississippi River Commission to be known as 
        the ``Lower Mississippi River Flood Management Coordinating 
        Committee'' to review and recommend approval or disapproval of 
        projects developed under the programs established under 
        subsection (b) and the river basin management plan developed 
        under section 106(b).
            (2) Membership.--The Committee shall consist of the 
        Secretary, the Secretary of the Interior, the Secretary of 
        Agriculture, the Secretary of Transportation, and the Governors 
        of the States of Arkansas, Kentucky, Louisiana, Mississippi, 
        Missouri, and Tennessee.
            (3) Oversight.--The Committee shall report to the Water 
        Resources Council established under title I of the Water 
        Resources Planning Act (42 U.S.C. 1962a et seq.) and coordinate 
        activities with the Mississippi River Commission.
    (d) Authorization of Appropriations.--
            (1) Flood management program.--There are authorized to be 
        appropriated to the Department of the Army to carry out 
        subsection (b)(1) $13,000,000 for each of the first 5 fiscal 
        years beginning after the date of completion of the river basin 
        management plan under section 106(b).
            (2) Long-term resource monitoring program.--There are 
        authorized to be appropriated to the Department of the Army to 
        carry out subsection (b)(2) $5,000,000 for each of the first 5 
        fiscal years beginning after the date of completion of the 
        river basin management plan under section 106(b).

SEC. 104. MISSOURI RIVER BASIN ASSOCIATION.

    (a) Definitions.-- As used in this section:
            (1) Missouri river basin association.--The term ``Missouri 
        River Basin Association'' means an association of 
        representatives of the States of Iowa, Kansas, Missouri, 
        Montana, Nebraska, North Dakota, and South Dakota formed for 
        the purposes of cooperative effort and united assistance in the 
        comprehensive planning for the use, protection, growth, and 
        development of the Missouri River system.
            (2) Missouri river system.--The terms ``Missouri River 
        system'' and ``system'' mean the Missouri River and the 
        tributaries of the river.
    (b) Program Authority.--The Secretary, in consultation with the 
Secretary of the Interior, the Secretary of Agriculture, and the 
Secretary of Transportation, shall carry out, with respect to the 
system and consistent with the river basin management plan developed 
under section 106(c)--
            (1) a program for the planning, construction, and 
        evaluation of measures for fish and wildlife habitat 
        restoration and enhancement;
            (2) a long-term resource monitoring program; and
            (3) a program for the planning and construction of 
        recreation projects.
    (c) Flood Management Coordinating Committee.--
            (1) Establishment.--The Secretary shall establish a 
        subcommittee of the Missouri River Basin Association to be 
        known as the ``Missouri River Flood Management Coordinating 
        Committee'' to review and recommend approval or disapproval of 
        projects developed under the programs established under 
        subsection (b) and the river basin management plan developed 
        under section 106(c).
            (2) Membership.--The Committee shall consist of the 
        Secretary, the Secretary of the Interior, the Secretary of 
        Agriculture, the Secretary of Transportation, and the Governors 
        of the States of Iowa, Kansas, Missouri, Montana, Nebraska, 
        North Dakota, and South Dakota.
            (3) Oversight.--The Committee shall report to the Water 
        Resources Council established under title I of the Water 
        Resources Planning Act (42 U.S.C. 1962a et seq.).
    (d) Authorization of Appropriations.--
            (1) Flood management program.--There are authorized to be 
        appropriated to the Department of the Army to carry out 
        subsection (b)(1) $13,000,000 for each of the first 5 fiscal 
        years beginning after the date of completion of the river basin 
        management plan under section 106(c).
            (2) Long-term resource monitoring program.--There are 
        authorized to be appropriated to the Department of the Army to 
        carry out subsection (b)(2) $5,000,000 for each of the first 5 
        fiscal years beginning after the date of completion of the 
        river basin management plan under section 106(c).
            (3) Recreation project construction program.--There are 
        authorized to be appropriated to the Department of the Army to 
        carry out subsection (b)(3) $2,000,000 for each of the first 5 
        fiscal years beginning after the date of completion of the 
        river basin management plan under section 106(c).

SEC. 105. STUDIES.

    (a) In General.--
            (1) Upper mississippi river basin levees.--In carrying out 
        the study authorized under title I of the Energy and Water 
        Development Appropriations Act, 1994 (Public Law 103-126), 
        concerning the adequacy of flood control measures on the upper 
        Mississippi River and the tributaries of the river, the 
        Secretary of the Army shall survey the levees (other than a 
        levee that is constructed to less than a 10-year flood 
        protection level and that protects the land of 5 or fewer 
        landowners) in existence on the date of completion of the 
        study. The survey shall be a general assessment of--
                    (A) the physical condition of each levee;
                    (B) the estimated economic benefit of the levee to 
                the area protected by the levee;
                    (C) the estimated environmental impact of the 
                levee; and
                    (D) the estimated cost of bringing the levee into 
                compliance with the standards of the Army Corps of 
                Engineers where the compliance is necessary.
            (2) Hydrology of upper mississippi river basin.--
                    (A) In general.--Not later than 2 years after the 
                date of enactment of this Act, the Secretary shall 
                conduct a study of the hydrology of the Upper 
                Mississippi River basin to determine the systemic 
                effects of structural flood control measures in 
                existence on the date of completion of the study, 
                including the measures assessed under the study 
                described in paragraph (1).
                    (B) Authorization of appropriations.--There are 
                authorized to be appropriated to the Department of the 
                Army $10,000,000 to carry out this paragraph.
            (3) Local drainage systems.--
                    (A) In general.--Not later than 1 year after the 
                date of enactment of this Act, in consultation with the 
                Administrator of the Environmental Protection Agency 
                and the Secretary of Housing and Urban Development, the 
                Secretary shall conduct a study to determine how local 
                drainage systems may be designed and retrofitted to 
                preserve aquatic habitat, limit potential increases in 
                flood discharges, and meet the needs of the areas 
                served by the systems.
                    (B) Authorization of appropriations.--There are 
                authorized to be appropriated to the Department of the 
                Army $1,000,000 to carry out this paragraph.
            (4) Floodprone areas.--
                    (A) In general.--Not later than 1 year after the 
                date of enactment of this Act, in coordination with the 
                Director of the Federal Emergency Management Agency, 
                the Secretary shall conduct a study of the entire 
                Mississippi River and Missouri River basins to 
                determine the most frequently flooded areas with the 
                greatest loss of human life and property.
                    (B) Authorization of appropriations.--There are 
                authorized to be appropriated to the Department of the 
                Army $1,000,000 to carry out this paragraph.
    (b) Prohibition on Delegation.--Each study required under 
subsection (a) shall be carried out under the personal direction of the 
Secretary. The conduct and supervision of the studies may not be 
delegated below the position of the Deputy Assistant Secretary of the 
Army having responsibility for civil works.

SEC. 106. RIVER BASIN MANAGEMENT PLANS.

    (a) Upper Mississippi River Basin.--
            (1) In general.--To ensure the coordinated development and 
        enhancement of the Upper Mississippi River system, the 
        Secretary, not later than 2 years after the date of enactment 
        of this Act, shall develop, in consultation with the Upper 
        Mississippi River Basin Association and the Upper Mississippi 
        River Flood Management Coordinating Committee established under 
        section 102(b), a comprehensive river basin management plan 
        that addresses the long-term ecological, economic, and flood 
        control needs of the basin of the Upper Mississippi River 
        system.
            (2) Contents of plan.--The plan shall provide for the 
        integration of the flood-control facilities in existence on the 
        date of enactment of this Act in the basin of the Upper 
        Mississippi River system into an efficiently functioning flood 
        damage reduction system, including structural and nonstructural 
        measures, that is compatible with the functioning and 
        restoration of the floodplain ecosystem.
            (3) Public participation.--In order to provide for the full 
        participation of affected persons and persons interested in 
        floodplain management, the plan shall be developed--
                    (A) in consultation with the Governors of the 
                States of Illinois, Iowa, Minnesota, Missouri, and 
                Wisconsin, or designees of the Governors;
                    (B) in consultation with non-Federal interests; and
                    (C) in a manner that is consistent with--
                            (i) the National Environmental Policy Act 
                        of 1969 (42 U.S.C. 4321 et seq.); and
                            (ii) the Economic and Environmental 
                        Principles and Guidelines for Water and Related 
                        Land Resources Implementation Studies after the 
                        revision of the Principles and Guidelines 
                        pursuant to section 204(a).
            (4) Definitions.--As used in this subsection:
                    (A) Nonstructural measure.--The term 
                ``nonstructural measure'' means--
                            (i) the floodproofing of a structure;
                            (ii) a flood warning system;
                            (iii) floodplain regulation and management;
                            (iv) the acquisition of floodplain land for 
                        recreational, fish and wildlife, riparian 
                        restoration, wetlands restoration, and other 
                        public purposes;
                            (v) relocation; and
                            (vi) any other measure not involving a 
                        structure that is designed to or has the effect 
                        of changing the natural flow of a river that 
                        floods.
                    (B) Upper mississippi river basin association.--The 
                term ``Upper Mississippi River Basin Association'' has 
                the meaning provided in section 1103(b)(4) of the Water 
                Resources Development Act of 1986 (33 U.S.C. 
                652(b)(4)).
                    (C) Upper mississippi river system.--The term 
                ``Upper Mississippi River system'' has the meaning 
                provided in section 1103(b)(1) of such Act (33 U.S.C. 
                652(b)(1)).
    (b) Lower Mississippi River Basin.--
            (1) In general.--To ensure the coordinated development and 
        enhancement of the Lower Mississippi River system (as defined 
        in section 103(a)(1)), the Secretary, not later than 2 years 
        after the date of enactment of this Act, in consultation with 
        the Upper Mississippi River Flood Management Coordinating 
        Committee established under section 102(b) and the Mississippi 
        River Commission established by the Act of June 28, 1879 (21 
        Stat. 37, chapter 43; 33 U.S.C. 641), shall develop a 
        comprehensive river basin management plan that addresses the 
        long-term ecological, economic, and flood control needs of the 
        basin of the Lower Mississippi River system.
            (2) Public participation.--In order to provide for the full 
        participation of affected persons and persons interested in 
        floodplain management, the plan shall be developed--
                    (A) in consultation with the Governors of the 
                States of Arkansas, Kentucky, Louisiana, Mississippi, 
                Missouri, and Tennessee; and
                    (B) in a manner that is consistent with--
                            (i) the National Environmental Policy Act 
                        of 1969 (42 U.S.C. 4321 et seq.); and
                            (ii) the Economic and Environmental 
                        Principles and Guidelines for Water and Related 
                        Land Resources Implementation Studies after the 
                        revision of the Principles and Guidelines 
                        pursuant to section 204(a).
    (c) Missouri River Basin.--
            (1) In general.--To ensure the coordinated development and 
        enhancement of the Missouri River system (as defined in section 
        104(a)(2)), the Secretary, not later than 2 years after the 
        date of enactment of this Act, in consultation with the 
        Missouri River Basin Association (as defined in section 
        104(a)(1)) and the Missouri River Flood Management Coordinating 
        Committee established under section 104(c), shall develop a 
        comprehensive river basin management plan that addresses the 
        long-term ecological, economic, and flood control needs of the 
        basin of the Missouri River system.
            (2) Public participation.--In order to provide for the full 
        participation of affected persons and persons interested in 
        floodplain management, the plan shall be developed--
                    (A) in consultation with the Governors of the 
                States of Iowa, Kansas, Missouri, Montana, Nebraska, 
                North Dakota, and South Dakota; and
                    (B) in a manner that is consistent with--
                            (i) the National Environmental Policy Act 
                        of 1969 (42 U.S.C. 4321 et seq.); and
                            (ii) the Economic and Environmental 
                        Principles and Guidelines for Water and Related 
                        Land Resources Implementation Studies after the 
                        revision of the Principles and Guidelines 
                        pursuant to section 204(a).
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated $5,000,000 to carry out this section.

SEC. 107. DETERMINATION OF FLOOD CONTROL BENEFITS.

    Section 905 of the Water Resources Development Act of 1986 (33 
U.S.C. 2282) is amended--
            (1) in the second sentence of subsection (a), by striking 
        ``Such feasibility report'' and inserting ``Subject to 
        subsection (e), the feasibility report'';
            (2) in the second sentence of subsection (b), by striking 
        ``Such reconnaissance study'' and inserting ``Subject to 
        subsection (e), the reconnaissance study''; and
            (3) by adding at the end the following new subsection:
    ``(e) Determination of Flood Control Benefits.--In preparing a 
feasibility report under subsection (a), or a reconnaissance study 
under subsection (b), for a water resources project, the flood control 
benefits determined for the project shall not include the benefits 
derived from any use of the 100-year floodplain that involves, after 
the date of initiation of the reconnaissance study for the project--
            ``(1) the construction of a new structure;
            ``(2) a substantial improvement to a structure; or
            ``(3) any other change in an activity in the area of the 
        floodplain in which the project is located that significantly 
        increases the commercial or resale value of property in the 
        floodplain subject to damage from flooding.''.

SEC. 108. USE OF FUNDS FOR NONSTRUCTURAL MEASURES.

    Section 5(a) of the Act entitled ``An Act authorizing the 
construction of certain public works on rivers and harbors for flood 
control, and for other purposes'', approved August 18, 1941 (33 U.S.C. 
701n(a)), is amended by adding at the end the following new paragraph:
            ``(3) Nonstructural measures.--
                    ``(A) Use of funds.--The Secretary may use funds 
                from the emergency fund authorized under paragraph (1) 
                to replace with a nonstructural measure any flood 
                control measure damaged or destroyed by flood.
                    ``(B) Other funds.--The Secretary shall consult 
                with the heads of other agencies and other persons in 
                an effort to combine funds from the emergency fund 
                authorized under paragraph (1) with funds available 
                from other Federal programs, and with funds from State, 
                local, and private sources, for the purpose of using 
                nonstructural measures to reduce damage in the event of 
                future flooding.
                    ``(C) Mitigation plans.--At the request of a non-
                Federal interest with jurisdiction over an area that 
                has been subject to repeat flooding, as identified by 
                the Director of the Federal Emergency Management Agency 
                or as determined pursuant to the study required under 
                section 105(a)(4) of the Floodplain Management, 
                Environmental Restoration, and Recreation Act of 1994, 
                the Secretary may use funds from the emergency fund 
                authorized under paragraph (1) to develop a mitigation 
                plan for the area that provides for carrying out 1 or 
                more nonstructural measures to reduce damage in the 
                event of future flooding.
                    ``(D) Funding for nonstructural measures.--
                            ``(i) Minimum funding level.--Except as 
                        provided in clause (ii), not less than 15 
                        percent of all funds expended for each fiscal 
                        year by the Secretary for the purpose of flood 
                        control (including funds from the emergency 
                        fund authorized under paragraph (1) and funds 
                        allotted under section 205 of the Flood Control 
                        Act of 1948 (33 U.S.C. 701s)) shall be used for 
                        the study, design, construction, and 
                        implementation of nonstructural measures.
                            ``(ii) Waiver.--With respect to a fiscal 
                        year, the Secretary may apply to the Water 
                        Resources Council established under title I of 
                        the Water Resources Planning Act (42 U.S.C. 
                        1962a et seq.) for a waiver from the minimum 
                        funding level established under clause (i). The 
                        Water Resources Council may grant the waiver--
                                    ``(I) if the Secretary 
                                demonstrates, to the satisfaction of 
                                the Council, that there are an 
                                insufficient number of appropriate 
                                nonstructural measures on which to 
                                expend the full amount of the funds; 
                                and
                                    ``(II) only to the extent that the 
                                minimum funding level cannot be met 
                                because of the insufficiency.
                    ``(E) Cost share for nonstructural measures.--The 
                Federal share of the cost of an activity relating to a 
                nonstructural measure carried out under this paragraph 
                shall be 75 percent. The non-Federal interests with 
                respect to such a measure shall provide all land, 
                easements, rights-of-way, dredged material disposal 
                areas, and relocations necessary for the measure, but 
                shall not be required to contribute any amount in cash 
                during the construction or implementation of the 
                measure.''.

SEC. 109. LEVEE MAINTENANCE AND REPAIR PROGRAM.

    Section 5(a) of the Act entitled ``An Act authorizing the 
construction of certain public works on rivers and harbors for flood 
control, and for other purposes'', approved August 18, 1941 (33 U.S.C. 
701n(a)) (as amended by section 108), is further amended by adding at 
the end the following new paragraphs:
            ``(4) Levee maintenance and repair program.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the Secretary shall coordinate and 
                carry out repair and rehabilitation of a levee, after 
                the levee is damaged by a flood or other natural 
                disaster, if the State or local interest with respect 
                to the levee--
                            ``(i) participates in the national flood 
                        insurance program established under chapter 1 
                        of the National Flood Insurance Act of 1968 (42 
                        U.S.C. 4011 et seq.) with respect to the levee;
                            ``(ii) carries out routine operation and 
                        maintenance and upkeep of the levee;
                            ``(iii) in the case of a levee that 
                        provides 100-year flood protection, requires 
                        all properties protected by the levee to comply 
                        with the national flood insurance program;
                            ``(iv) in the case of a levee that provides 
                        less than 100-year flood protection, requires 
                        insurance on all structures and crops protected 
                        by the levee;
                            ``(v) with respect to the repair and 
                        rehabilitation, meets the cost-sharing 
                        requirements for flood control projects 
                        specified in section 103(a) of the Water 
                        Resources Development Act of 1986 (33 U.S.C. 
                        2213(a)), except that the minimum non-Federal 
                        share shall be 20 percent;
                            ``(vi) provides for appropriate 
                        environmental enhancements to the land 
                        protected by the levee, in coordination with 
                        appropriate Federal and State agencies;
                            ``(vii) does not raise the height of the 
                        levee immediately preceding or during a flood 
                        without the prior agreement of the State and 
                        the Army Corps of Engineers; and
                            ``(viii) in the case of a levee not 
                        previously subject to the engineering standards 
                        of the Army Corps of Engineers (as of the day 
                        before the date of the damage), brings the 
                        levee into compliance with the standards.
                    ``(B) Ineligible levees.--A levee shall not be 
                eligible for Federal assistance under subparagraph (A) 
                if the Secretary determines that the levee--
                            ``(i) is in a hydrologically inappropriate 
                        location, as determined pursuant to the study 
                        required under section 105(a)(2) of the 
                        Floodplain Management, Environmental 
                        Restoration, and Recreation Act of 1994;
                            ``(ii) is inconsistent with the Economic 
                        and Environmental Principles and Guidelines for 
                        Water and Related Land Resources Implementation 
                        Studies after the revision of the Principles 
                        and Guidelines pursuant to section 204(a) of 
                        such Act; or
                            ``(iii) should be replaced with 1 or more 
                        nonstructural measures.
                    ``(C) Levee owners manual.--
                            ``(i) In general.--Not later than 1 year 
                        after the date of enactment of this paragraph, 
                        the Secretary shall prepare a manual describing 
                        the maintenance and upkeep responsibilities 
                        that the Army Corps of Engineers requires of a 
                        non-Federal interest in order for the non-
                        Federal interest to receive Federal assistance 
                        under this paragraph, including 
                        responsibilities relating to compliance with 
                        the Principles and Guidelines referred to in 
                        subparagraph (B)(ii). The Secretary shall 
                        provide a copy of the manual to each non-
                        Federal interest that receives Federal 
                        assistance under this paragraph.
                            ``(ii) Prohibition on delegation.--The 
                        preparation of the manual shall be carried out 
                        under the personal direction of the Secretary 
                        and may not be delegated below the position of 
                        the Assistant Secretary of the Army having 
                        responsibility for civil works.
                            ``(iii) Authorization of appropriations.--
                        There are authorized to be appropriated 
                        $1,000,000 to carry out this subparagraph.
            ``(5) Local cost-share credit for in-kind contributions.--
                    ``(A) In general.--In meeting the cost-sharing 
                requirements of an activity assisted by the Secretary 
                under paragraph (3) or (4), the non-Federal interest 
                may--
                            ``(i) accept from any source contributions 
                        of funds, materials, services, and other items 
                        of value, and in-kind contributions, for the 
                        purpose of providing a portion of the non-
                        Federal share of the cost of the activity; and
                            ``(ii) provide a noncash contribution 
                        described in clause (i) for that purpose.
                    ``(B) Determination of value.--A noncash 
                contribution described in subparagraph (A) may be 
                credited towards the non-Federal share of the cost of 
                the activity if the contribution has a positive impact 
                on the activity. The value of the contribution shall be 
                determined in advance of the crediting of the 
                contribution by mutual agreement of the Army Corps of 
                Engineers and the non-Federal interest. If the Army 
                Corps of Engineers denies credit for a contribution, 
                the denial may be appealed to the Secretary.
            ``(6) Definitions.--As used in this subsection:
                    ``(A) Maintenance and upkeep.--The term 
                `maintenance and upkeep' means all maintenance and 
                general upkeep of a levee performed on a regular and 
                consistent basis that is not repair and rehabilitation.
                    ``(B) Nonstructural measure.--The term 
                `nonstructural measure' means--
                            ``(i) the floodproofing of a structure;
                            ``(ii) a flood warning system;
                            ``(iii) floodplain regulation and 
                        management;
                            ``(iv) the acquisition of floodplain land 
                        for recreational, fish and wildlife, riparian 
                        restoration, wetlands restoration, or other 
                        public purposes;
                            ``(v) relocation; and
                            ``(vi) any other measure not involving a 
                        structure that is designed to or has the effect 
                        of changing the natural flow of a river that 
                        floods.
                    ``(C) Repair and rehabilitation.--The term `repair 
                and rehabilitation'--
                            ``(i) except as provided in clause (ii), 
                        means the rebuilding or repair of a levee or 
                        other flood control structure, after the 
                        structure has been damaged by a flood, to the 
                        level of protection provided by the structure 
                        before the flood; and
                            ``(ii) does not include--
                                    ``(I) any improvement to the 
                                structure; or
                                    ``(II) rebuilding or repair 
                                described in clause (i) if, in the 
                                normal course of usage, the structure 
                                becomes structurally unsound and is no 
                                longer fit to provide the level of 
                                protection for which the structure was 
                                designed.
                    ``(D) Secretary.--The term `Secretary' means the 
                Secretary of the Army.''.

SEC. 110. MISSOURI RIVER FLOODWAY PROJECT.

    (a) In General.--For the purpose of improving the riparian habitat 
and reducing flood losses along the Missouri River, the Secretary shall 
pay the Federal share of purchasing, from willing sellers, land along 
the Missouri River between Sioux City, Iowa, and St. Louis, Missouri. 
In determining the land to be purchased, the Secretary may use data 
collected by the Scientific Assessment and Strategy Team for the 
Interagency Floodplain Management Review Committee, and shall consult 
with the Secretary of the Interior and the Secretary of Agriculture.
    (b) Cost-Sharing.--The Federal share of the cost of purchasing a 
parcel of land under this section shall be not more than 80 percent.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $8,000,000 for each of fiscal 
years 1995 through 2004.

SEC. 111. BUY-OUT FUNDING.

    (a) In General.--In each fiscal year, the Secretary shall purchase 
land or easements and relocate willing sellers in floodprone areas, or 
areas protected by flood control structures that repeatedly fail, as 
determined pursuant to the study required under section 105(a)(4).
    (b) Cooperation With Other Agencies.--To the maximum extent 
practicable, the Secretary shall--
            (1) combine funds made available under this section with 
        funds of other Federal agencies available for the same purpose; 
        and
            (2) cooperate with other Federal agencies to identify areas 
        that, if purchased, would be available to achieve multiple 
        Federal purposes, including a reduction in flood damages, a 
        decrease in the repair and rehabilitation required of flood 
        control structures, and environmental enhancement.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $25,000,000 for each fiscal 
year, to remain available until expended.

SEC. 112. WATERSHED APPROACH TO FLOOD LOSS REDUCTION.

    Section 2 of the Act entitled ``An Act authorizing the construction 
of certain public works on rivers and harbors for flood control, and 
for other purposes'', approved June 22, 1936 (33 U.S.C. 701b), is 
amended by adding at the end the following new sentence: ``The 
Secretary of the Army shall collaborate with Federal, State, and local 
agencies during the planning, design, and construction phases of all 
flood control projects for the purpose of adopting a watershed-wide 
approach to the reduction of flood losses.''.

           TITLE II--ENVIRONMENTAL PROTECTION AND RECREATION

SEC. 201. FINDINGS.

    Congress finds that--
            (1) the rivers and reservoirs of the United States are 
        principal sources of water-based recreation for the citizens of 
        the United States;
            (2) the water resources described in paragraph (1) provide 
        habitat to numerous species of animals and plant life;
            (3) the water resources comprise important ecosystems whose 
        delicate balance is critical to sustaining and preserving the 
        environment and natural resources of the United States;
            (4) the provision of recreation and the environmental 
        protection of water resources are proper activities for the 
        Federal Government in cooperation with States, political 
        subdivisions of States, and local governments; and
            (5) providing recreational opportunities and protecting the 
        environment are missions of the Army Corps of Engineers of at 
        least equal import to the provision of flood control protection 
        and navigational opportunities along the inland and shoreline 
        waters and harbors and ports of the United States.

SEC. 202. PROJECT MODIFICATIONS FOR IMPROVEMENT OF THE ENVIRONMENT.

    (a) Payment of Non-Federal Share Through In-Kind Contributions.--
Section 1135(b) of the Water Resources Development Act of 1986 (33 
U.S.C. 2309a(b)) is amended by inserting before the last sentence the 
following new sentence: ``Not more than 80 percent of the non-Federal 
share may be in kind, fairly evaluated, including a facility, supply, 
or service that is necessary to carry out the modification.''.
    (b) Mandatory Review of Constructed Projects.--
            (1) In general.--The Secretary shall annually conduct a 
        review of not fewer than 5 flood control projects, and not 
        fewer than 5 navigation or other projects, constructed or 
        assisted by the Secretary--
                    (A) in accordance with subsection (a) of section 
                1135 of the Water Resources Development Act of 1986 (33 
                U.S.C. 2309a(a)); and
                    (B) to determine the need for environmental 
                restoration projects in river systems impacted by the 
                construction or operation of the flood control, 
                navigation, or other projects for the purpose described 
                in such subsection.
            (2) Geographic representation.--With respect to each annual 
        review, the projects reviewed shall be geographically 
        representative of all flood control, navigation, and other 
        projects, constructed or assisted by the Secretary.
            (3) Report to congress.--Not later than 18 months after the 
        date of enactment of this Act and every 2 years thereafter, the 
        Secretary shall transmit to Congress a report on the results of 
        the review conducted under paragraph (1), including 
        recommendations resulting from the review.

SEC. 203. AQUATIC ECOSYSTEM RESTORATION.

    (a) Program.--The Secretary may pay the Federal share of the cost 
of carrying out projects, and project components, the primary purpose 
of which is the restoration of an aquatic ecosystem or a portion of an 
aquatic ecosystem.
    (b) Cost-Sharing.--
            (1) In general.--The Federal share of a project or 
        component described in subsection (a) shall be 75 percent. Any 
        portion of the non-Federal share of the cost of such a project 
        or component (including any portion of a feasibility plan) may 
        be in kind, fairly evaluated, including a facility, supply, or 
        service that is necessary to carry out the project. A non-
        Federal interest shall not be required to provide all land or 
        interests in land (including any right-of-way) with respect to 
        the project.
            (2) Projects of critical national interest.--
                    (A) In general.--The Federal share of a project or 
                component described in subsection (a) that is of 
                critical national interest shall be 100 percent.
                    (B) Types of projects.--A project described in 
                subsection (a) shall be considered to be of critical 
                national interest if--
                            (i) the purpose of the project is to 
                        provide national benefits by protecting and 
                        restoring the structure, function, and 
                        hydrologic regime of an aquatic ecosystem; and
                            (ii) the project is located on Federal land 
                        or is approved by the Director of the United 
                        States Fish and Wildlife Service, the Director 
                        of the National Marine Fisheries Service, or 
                        the Director of the National Park Service.
    (c) Reconnaissance Studies.--
            (1) In general.--Upon the request of, and in coordination 
        with, potential non-Federal interests and the Administrator of 
        the Environmental Protection Agency, the Director of the United 
        States Fish and Wildlife Service, the Director of the National 
        Marine Fisheries Service, or the Director of the National Park 
        Service, the Chief of Engineers of the Army Corps of Engineers 
        may carry out reconnaissance studies for aquatic restoration 
        projects of critical national interest described in subsection 
        (b)(2).
            (2) Authorization of appropriations.--There are authorized 
        to be appropriated to carry out paragraph (1) $15,000,000 for 
        each fiscal year.
    (d) Project Recommendations.--Congress may not appropriate funds 
for an aquatic ecosystem restoration project under this section unless 
the project receives a favorable recommendation from the Chief of 
Engineers of the Army Corps of Engineers and the Secretary of the 
Interior under the Fish and Wildlife Coordination Act (16 U.S.C. 661 et 
seq.).
    (e) Funds From Other Agencies.--
            (1) In general.--In the case of an aquatic ecosystem 
        restoration project assisted under this section, the Secretary 
        shall coordinate with the heads of other Federal agencies to 
        determine whether conservation funds available to the agencies 
        can and should be used to contribute to the project. The 
        Secretary shall include funds so used as part of the design of 
        the project if the project is approved by the contributing 
        agency.
            (2) Cost-sharing.--Funds used for a project under paragraph 
        (1) shall not be subject to the cost-sharing requirements of 
        this section but shall be subject to any cost-sharing 
        requirements applicable to the funds under other laws.
    (f) Responsibility for Land.--In the case of an aquatic ecosystem 
restoration project assisted under this section, land or an interest in 
land may be held or acquired by any person or instrumentality of 
government, including any Federal instrumentality, considered by the 
Army Corps of Engineers to be capable of fulfilling the 
responsibilities of holding and maintaining the land or interest in a 
manner necessary for successful completion and operation of the 
project.
    (g) Applicability.--If aquatic ecosystem restoration is only 1 
purpose of a project, the provisions of this section concerning cost-
sharing, consultation, and approval shall apply to each project 
component justified in whole or in part by the contribution of the 
component to aquatic ecosystem restoration.
    (h) Environmental Impacts on Aquatic Systems.--
            (1) Consideration of fish and wildlife benefits.--For the 
        purpose of a water resources project carried out or assisted by 
        the Secretary, fish and wildlife benefits shall not be 
        considered segregable benefits but shall be considered part of 
        aquatic ecosystem preservation or restoration benefits.
            (2) Environmental evaluations.--An environmental evaluation 
        of a water resources project carried out or assisted by the 
        Secretary that affects the physical structure or hydrology of a 
        river, lake, estuary, wetland, or any other component of an 
        aquatic system, shall be based on the impact of the project on 
        all functions of the aquatic system, including the impact on 
        each aquatic organism and terrestrial organism that uses the 
        aquatic system, on water quality, and on downstream and 
        upstream hydrology. In carrying out any such evaluation, the 
        Secretary shall consider the risk that the biological impact of 
        an adverse alteration of the natural hydrology and physical 
        structure of an aquatic system will be different and greater 
        than the impact that can be predicted using scientific 
        knowledge as of the date of the evaluation.
            (3) Mitigation.--In the case of a water resources project 
        that has an adverse effect on the natural hydrology or physical 
        structure of an aquatic system, the focus of mitigation of the 
        effect shall be on efforts to restore the hydrology or 
        structure of the natural system to replicate the acreage and 
        functions lost or negatively impacted by the project.
            (4) Guidance.--Not later than 1 year after the date of 
        enactment of this Act, the Chief of Engineers of the Army Corps 
        of Engineers, in consultation with the Director of the United 
        States Fish and Wildlife Service, the Director of the National 
        Marine Fisheries Service, and the Administrator of the 
        Environmental Protection Agency, shall issue technical guidance 
        for the implementation of this subsection.

SEC. 204. REVISION OF PRINCIPLES AND GUIDELINES.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Secretary, in consultation with the Principles and 
Guidelines Advisory Council established under subsection (c), shall 
revise the Economic and Environmental Principles and Guidelines for 
Water and Related Land Resources Implementation Studies issued on March 
10, 1983, by the Water Resources Council established under title I of 
the Water Resources Planning Act (42 U.S.C. 1962a et seq.), to--
            (1) establish economic and environmental benefits as co-
        equal objectives of water resources planning, for the purpose 
        of reviewing projects constructed by the Secretary;
            (2) encourage the enhancement of the economic development 
        of the United States; and
            (3) encourage the restoration and improvement of the 
        quality of the environment through the management, 
        conservation, preservation, creation, restoration, and 
        improvement of natural and cultural resources and ecological 
        systems.
    (b) Revision of Planning Manuals.--The Secretary shall use the 
Principles and Guidelines as revised pursuant to subsection (a) to 
revise all planning manuals used by the Secretary for the operation and 
construction of water resources projects as soon as practicable, but 
not later than 18 months after the date of enactment of this Act.
    (c) Principles and Guidelines Advisory Council.--
            (1) Establishment.--The Secretary shall establish an 
        advisory council to be known as the ``Principles and Guidelines 
        Advisory Council'' (referred to in this subsection as the 
        ``Council''), consisting of the Secretary, the Secretary of the 
        Interior, the Secretary of Agriculture, and 3 members of the 
        public with expertise in water resources planning.
            (2) Duty.--The Council shall advise the Secretary in 
        carrying out subsections (a) and (b).
            (3) Compensation.--
                    (A) In general.--Subject to subparagraph (B), each 
                of the 3 members of the public of the Council shall be 
                compensated at a rate equal to the daily equivalent of 
                the annual rate of basic pay prescribed for level IV of 
                the Executive Schedule under section 5315 of title 5, 
                United States Code, for each day, including traveltime, 
                during which the member is engaged in the actual 
                performance of the duties of the Council.
                    (B) Federal officers and employees.--A member of 
                the Council who is an officer or employee of the 
                Federal Government shall serve without additional 
                compensation.
            (4) Travel expenses.--While away from the home or regular 
        place of business of the member in the performance of duties of 
        the Council, each member of the Council shall be allowed travel 
        expenses, including per diem in lieu of subsistence, at rates 
        authorized for employees of agencies under subchapter I of 
        chapter 57 of title 5, United States Code.
            (5) Termination.--The Council shall terminate on the date 
        that is 18 months after the date of enactment of this Act, 
        unless the Council is temporarily extended by the Secretary 
        after consultation with the appropriate committees of Congress.

SEC. 205. SMALL RECREATION AND ENVIRONMENTAL PROJECTS.

    (a) In General.--In each fiscal year, the Secretary shall provide 
for the construction of small projects that--
            (1) are for recreation and environmental restoration and 
        related purposes;
            (2) are not specifically authorized by Congress; and
            (3) the Secretary determines are advisable.
    (b) Amount for Each Project.--The amount provided for a project 
under subsection (a) shall be sufficient to complete Federal 
participation in the project, except that not more than $5,000,000 
shall be provided for a project at a single location.
    (c) Extent of Projects.--With respect to a project carried out 
under subsection (a), the Secretary may not commit to any additional 
improvements, after the completion of the project, to ensure the 
successful operation of the project.
    (d) Surveys and Reports.--The Secretary shall not be required to 
prepare a survey or report prior to carrying out a project under this 
section.
    (e) Allotment of Amounts.--From any amounts made available before, 
on, or after the date of enactment of this Act for general construction 
projects of the Department of the Army, the Secretary may allot to 
carry out this section $40,000,000 for each fiscal year, to remain 
available until expended.

SEC. 206. COST SHARE FOR RECREATION PROJECTS.

    Section 103(c)(4) of the Water Resources Development Act of 1986 
(33 U.S.C. 2213(c)(4)) is amended--
            (1) by striking ``50'' each place it appears and inserting 
        ``75''; and
            (2) by inserting before the semicolon at the end the 
        following: ``, and in determining the non-Federal share under 
        this paragraph, the Secretary shall include the fair market 
        value of any land, easement, right-of-way, dredged material 
        disposal area, or relocation provided by the non-Federal 
        interest''.

SEC. 207. LOCAL COST-SHARE CREDIT FOR IN-KIND CONTRIBUTIONS FOR 
              ENVIRONMENTAL AND RECREATION PROJECTS.

    Section 203 of the Water Resources Development Act of 1992 (33 
U.S.C. 2325) is amended by adding at the end the following new 
subsection:
    ``(c) Local Cost-Share Credit for In-Kind Contributions.--
            ``(1) In general.--Subject to paragraphs (2) and (3), a 
        non-Federal interest that carries out a project described in 
        subsection (a) may--
                    ``(A) accept from any source contributions of 
                funds, materials, services, and other items of value, 
                and in-kind contributions, for the purpose of providing 
                a portion of the non-Federal share of the cost of the 
                project; and
                    ``(B) provide a noncash contribution described in 
                subparagraph (A) for that purpose.
            ``(2) Determination of value.--A noncash contribution 
        described in paragraph (1) may be credited towards the non-
        Federal share of the cost of the project if the contribution 
        has a positive impact on the uses of the project. The value of 
        the contribution shall be determined in advance of the 
        crediting of the contribution by the mutual agreement of the 
        Army Corps of Engineers and the non-Federal interest. If the 
        Army Corps of Engineers denies credit for a contribution, the 
        denial may be appealed to the Secretary.
            ``(3) Minimum cash contribution.--Subject to section 
        105(a)(1) of the Water Resources Development Act of 1986 (33 
        U.S.C. 2215(a)(1)), the non-Federal interest shall pay not less 
        than 5 percent of the non-Federal share in cash.''.

SEC. 208. REBUILDING RECREATIONAL FACILITIES AFTER RESERVOIR DRAWDOWNS.

    If a recreational facility at a water resources project carried out 
or assisted by the Secretary becomes unusable or unsafe for more than 
90 consecutive days because of a release of water or reservoir drawdown 
for any purpose, the Secretary may, at full Federal cost, restore the 
facility, or build a new recreational facility of a comparable level of 
development at the lower reservoir level. The Secretary shall seek 
contribution for the Federal cost from any agency that directs or 
requests the release or drawdown, including the Department of the 
Interior and the Department of Energy.
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