[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 2131 Engrossed in Senate (ES)]
105th CONGRESS
2d Session
S. 2131
_______________________________________________________________________
AN ACT
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.
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 ``Water Resources
Development Act of 1998''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--WATER RESOURCES DEVELOPMENT
Sec. 101. Definition.
Sec. 102. Project authorizations.
Sec. 103. Project modifications.
Sec. 104. Project deauthorizations.
Sec. 105. Studies.
Sec. 106. Flood hazard mitigation and riverine ecosystem restoration
program.
Sec. 107. Shore protection.
Sec. 108. Small flood control authority.
Sec. 109. Use of non-Federal funds for compiling and disseminating
information on floods and flood damages.
Sec. 110. Everglades and south Florida ecosystem restoration.
Sec. 111. Aquatic ecosystem restoration.
Sec. 112. Beneficial uses of dredged material.
Sec. 113. Voluntary contributions by States and political subdivisions.
Sec. 114. Recreation user fees.
Sec. 115. Water resources development studies for the Pacific region.
Sec. 116. Missouri and Middle Mississippi Rivers enhancement project.
Sec. 117. Outer Continental Shelf.
Sec. 118. Environmental dredging.
Sec. 119. Benefit of primary flood damages avoided included in benefit-
cost analysis.
Sec. 120. Control of aquatic plant growth.
Sec. 121. Environmental infrastructure.
Sec. 122. Watershed management, restoration, and development.
Sec. 123. Lakes program.
Sec. 124. Dredging of salt ponds in the State of Rhode Island.
Sec. 125. Upper Susquehanna River basin, Pennsylvania and New York.
Sec. 126. Small flood control projects.
Sec. 127. Small navigation projects.
Sec. 128. Streambank protection projects.
Sec. 129. Aquatic ecosystem restoration, Springfield, Oregon.
Sec. 130. Guilford and New Haven, Connecticut.
Sec. 131. Francis Bland Floodway Ditch.
Sec. 132. Caloosahatchee River basin, Florida.
Sec. 133. Cumberland, Maryland, flood project mitigation.
Sec. 134. Sediments decontamination policy.
Sec. 135. City of Miami Beach, Florida.
Sec. 136. Small storm damage reduction projects.
Sec. 137. Sardis Reservoir, Oklahoma.
Sec. 138. Upper Mississippi River and Illinois waterway system
navigation modernization.
Sec. 139. Disposal of dredged material on beaches.
Sec. 140. Fish and wildlife mitigation.
Sec. 141. Upper Mississippi River management.
Sec. 142. Reimbursement of non-Federal interest.
Sec. 143. Research and development program for Columbia and Snake
Rivers salmon survival.
Sec. 144. Nine Mile Run habitat restoration, Pennsylvania.
Sec. 145. Shore damage prevention or mitigation.
Sec. 146. Larkspur Ferry Channel, California.
Sec. 147. Comprehensive Flood Impact-Response Modeling System.
Sec. 148. Study regarding innovative financing for small and medium-
sized ports.
Sec. 149. Candy Lake project, Osage County, Oklahoma.
Sec. 150. Salcha River and Piledriver Slough, Fairbanks, Alaska.
Sec. 151. Eyak River, Cordova, Alaska.
Sec. 152. North Padre Island storm damage reduction and environmental
restoration project.
Sec. 153. Kanopolis Lake, Kansas.
Sec. 154. New York City watershed.
Sec. 155. City of Charlevoix reimbursement, Michigan.
Sec. 156. Hamilton Dam flood control project, Michigan.
Sec. 157. National Contaminated Sediment Task Force.
Sec. 158. Great Lakes basin program.
Sec. 159. Projects for improvement of the environment.
Sec. 160. Water quality, environmental quality, recreation, fish and
wildlife, flood control, and navigation.
Sec. 161. Irrigation diversion protection and fisheries enhancement
assistance.
TITLE II--CHEYENNE RIVER SIOUX TRIBE, LOWER BRULE SIOUX TRIBE, AND
STATE OF SOUTH DAKOTA TERRESTRIAL WILDLIFE HABITAT RESTORATION
Sec. 201. Definitions.
Sec. 202. Terrestrial wildlife habitat restoration.
Sec. 203. South Dakota Terrestrial Wildlife Habitat Restoration Trust
Fund.
Sec. 204. Cheyenne River Sioux Tribe and Lower Brule Sioux Tribe
Terrestrial Wildlife Habitat Restoration
Trust Funds.
Sec. 205. Transfer of Federal land to State of South Dakota.
Sec. 206. Transfer of Corps of Engineers land for Indian Tribes.
Sec. 207. Administration.
Sec. 208. Study.
Sec. 209. Authorization of appropriations.
TITLE I--WATER RESOURCES DEVELOPMENT
SEC. 101. DEFINITION.
In this title, the term ``Secretary'' means the Secretary of the
Army.
SEC. 102. 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) Rio salado (salt river), arizona.--The project for
environmental restoration, Rio Salado (Salt River), Arizona:
Report of the Chief of Engineers, dated August 20, 1998, at a
total cost of $85,900,000, with an estimated Federal cost of
$54,980,000 and an estimated non-Federal cost of $30,920,000.
(2) American river watershed, california.--
(A) In general.--The project for flood damage
reduction described as the Folsom Stepped Release Plan
in the United States Army Corps of Engineers
Supplemental Information Report for the American River
Watershed Project, California, dated March 1996, at a
total cost of $464,600,000, with an estimated Federal
cost of $302,000,000 and an estimated non-Federal cost
of $162,600,000.
(B) Implementation.--
(i) In general.--Implementation of the
measures by the Secretary pursuant to
subparagraph (A) shall be undertaken after
completion of the levee stabilization and
strengthening and flood warning features
authorized by section 101(a)(1) of the Water
Resources Development Act of 1996 (110 Stat.
3662).
(ii) Folsom dam and reservoir.--The
Secretary may undertake measures at the Folsom
Dam and Reservoir authorized under subparagraph
(A) only after reviewing the design of such
measures to determine if modifications are
necessary to account for changed hydrologic
conditions and any other changed conditions in
the project area, including operational and
construction impacts that have occurred since
completion of the report referred to in
subparagraph (A). The Secretary shall conduct
the review and develop the modifications to the
Folsom Dam and Reservoir with the full
participation of the Secretary of the Interior.
(iii) Remaining downstream elements.--
(I) In general.--Implementation of
the remaining downstream elements
authorized pursuant to subparagraph (A)
may be undertaken only after the
Secretary, in consultation with
affected Federal, State, regional, and
local entities, has reviewed the
elements to determine if modifications
are necessary to address changes in the
hydrologic conditions, any other
changed conditions in the project area
that have occurred since completion of
the report referred to in subparagraph
(A) and any design modifications for
the Folsom Dam and Reservoir made by
the Secretary in implementing the
measures referred to in clause (ii),
and has issued a report on the review.
(II) Principles and guidelines.--
The review shall be prepared in
accordance with the economic and
environmental principles and guidelines
for water and related land resources
implementation studies, and no
construction may be initiated unless
the Secretary determines that the
remaining downstream elements are
technically sound, environmentally
acceptable, and economically justified.
(3) Llagas creek, california.--The project for completion
of the remaining reaches of the Natural Resources Conservation
Service flood control project at Llagas Creek, California,
undertaken pursuant to section 5 of the Watershed Protection
and Flood Prevention Act (16 U.S.C. 1005), substantially in
accordance with the requirements of local cooperation as
specified in section 4 of that Act (16 U.S.C. 1004) at a total
cost of $34,300,000, with an estimated Federal cost of
$16,600,000 and an estimated non-Federal share of $17,700,000.
(4) Upper guadalupe river, california.--The Secretary may
construct the locally preferred plan for flood damage reduction
and recreation, Upper Guadalupe River, California, described as
the Bypass Channel Plan of the Chief of Engineers dated August
18, 1998, at a total cost of $132,836,000, with an estimated
Federal cost of $42,869,000 and an estimated non-Federal cost
of $89,967,000.
(5) Delaware bay coastline: delaware and new jersey-
broadkill beach, delaware.--
(A) In general.--The shore protection project for
hurricane and storm damage reduction, Delaware Bay
Coastline: Delaware and New Jersey-Broadkill Beach,
Delaware, Report of the Chief of Engineers dated August
17, 1998, at a total cost of $8,871,000, with an
estimated Federal cost of $5,593,000 and an estimated
non-Federal cost of $3,278,000.
(B) Periodic nourishment.--Periodic nourishment is
authorized for a 50-year period at an estimated average
annual cost of $651,000, with an estimated annual
Federal cost of $410,000 and an estimated annual non-
Federal cost of $241,000.
(6) Hillsboro and okeechobee aquifer storage and recovery
project, florida.--The project for aquifer storage and recovery
described in the United States Army Corps of Engineers Central
and Southern Florida Water Supply Study, Florida, dated April
1989, and in House Document 369, dated July 30, 1968, at a
total cost of $27,000,000, with an estimated Federal cost of
$13,500,000 and an estimated non-Federal cost of $13,500,000.
(7) Indian river county, florida.--Notwithstanding section
1001(a) of the Water Resources Development Act of 1986 (33
U.S.C. 579a(a)), the project for shoreline protection, Indian
River County, Florida, authorized by section 501(a) of that Act
(100 Stat. 4134), shall remain authorized for construction
through December 31, 2002.
(8) Lido key beach, sarasota, florida.--
(A) In general.--The project for shore protection
at Lido Key Beach, Sarasota, Florida, authorized by
section 101 of the River and Harbor Act of 1970 (84
Stat. 1819) and deauthorized by operation of section
1001(b) of the Water Resources Development Act of 1986
(33 U.S.C. 579a(b)), is authorized to be carried out by
the Secretary at a total cost of $5,200,000, with an
estimated Federal cost of $3,380,000 and an estimated
non-Federal cost of $1,820,000.
(B) Periodic nourishment.--Periodic nourishment is
authorized for a 50-year period at an estimated average
annual cost of $602,000, with an estimated annual
Federal cost of $391,000 and an estimated annual non-
Federal cost of $211,000.
(9) Amite river and tributaries, louisiana, east baton
rouge parish watershed.--The project for flood damage reduction
and recreation, Amite River and Tributaries, Louisiana, East
Baton Rouge Parish Watershed: Report of the Chief 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.
(10) Baltimore harbor anchorages and channels, maryland and
virginia.--The project for navigation, Baltimore Harbor
Anchorages and Channels, Maryland and Virginia: Report of the
Chief of Engineers, dated June 8, 1998, at a total cost of
$27,692,000, with an estimated Federal cost of $18,510,000 and
an estimated non-Federal cost of $9,182,000.
(11) Red lake river at crookston, minnesota.--The project
for flood damage reduction, Red Lake River at Crookston,
Minnesota: Report of the Chief of Engineers, dated April 20,
1998, at a total cost of $8,720,000, with an estimated Federal
cost of $5,567,000 and an estimated non-Federal cost of
$3,153,000.
(12) Park river, north dakota.--
(A) In general.--Subject to the condition stated in
subparagraph (B), the project for flood control, Park
River, Grafton, North Dakota, authorized by section
401(a) of the Water Resources Development Act of 1986
(100 Stat. 4121) and deauthorized under section 1001(a)
of the Water Resources Development Act of 1986 (33
U.S.C. 579a), at a total cost of $27,300,000, with an
estimated Federal cost of $17,745,000 and an estimated
non-Federal cost of $9,555,000.
(B) Condition.--No construction may be initiated
unless the Secretary determines through a general
reevaluation report using current data, that the
project is technically sound, environmentally
acceptable, and economically justified.
(b) Projects Subject to a Final Report.--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 recommended in
a final report of the Chief of Engineers as approved by the Secretary,
if the report of the Chief is completed not later than December 31,
1998.
(1) Nome harbor improvements, alaska.--The project for
navigation, Nome Harbor Improvements, Alaska, at a total cost
of $24,280,000, with an estimated first Federal cost of
$19,162,000 and an estimated first non-Federal cost of
$5,118,000.
(2) Sand point harbor, alaska.--The project for navigation,
Sand Point Harbor, Alaska, at a total cost of $11,463,000, with
an estimated Federal cost of $6,718,000 and an estimated first
non-Federal cost of $4,745,000.
(3) Seward harbor, alaska.--The project for navigation,
Seward Harbor, Alaska, at a total cost of $11,930,000, with an
estimated first Federal cost of $3,816,000 and an estimated
first non-Federal cost of $8,114,000.
(4) Hamilton airfield wetland restoration, california.--The
project for environmental restoration at Hamilton Airfield,
California, at a total cost of $55,100,000, with an estimated
Federal cost of $41,300,000 and an estimated non-Federal cost
of $13,800,000.
(5) Oakland, california.--
(A) In general.--The project for navigation and
environmental restoration, Oakland, California, at a
total cost of $214,900,000, with an estimated Federal
cost of $128,600,000 and an estimated non-Federal cost
of $86,300,000.
(B) Berthing areas and other local service
facilities.--The non-Federal interests shall provide
berthing areas and other local service facilities
necessary for the project at an estimated cost of
$38,200,000.
(6) South sacramento county streams, california.--The
project for flood damage reduction, environmental restoration,
and recreation, South Sacramento County Streams, California at
a total cost of $65,410,000, with an estimated Federal cost of
$39,104,000 and an estimated non-Federal cost of $26,306,000.
(7) Yuba river basin, california.--The project for flood
damage reduction, Yuba River Basin, California, at a total cost
of $25,850,000, with an estimated Federal cost of $16,775,000
and an estimated non-Federal cost of $9,075,000.
(8) Delaware bay coastline: delaware and new jersey-port
mahon, delaware.--
(A) In general.--The shore protection project for
ecosystem restoration, Delaware Bay Coastline: Delaware
and New Jersey-Port Mahon, Delaware, at a total cost of
$7,563,000, with an estimated Federal cost of
$4,916,000 and an estimated non-Federal cost of
$2,647,000.
(B) Periodic nourishment.--Periodic nourishment is
authorized for a 50-year period at an estimated average
annual cost of $238,000, with an estimated annual
Federal cost of $155,000 and an estimated annual non-
Federal cost of $83,000.
(9) Delaware bay coastline: delaware and new jersey-
roosevelt inlet-lewes beach, delaware.--
(A) In general.--The shore protection project for
navigation mitigation and hurricane and storm damage
reduction, Delaware Bay Coastline: Delaware and New
Jersey-Roosevelt Inlet-Lewes Beach, Delaware, at a
total cost of $3,326,000, with an estimated Federal
cost of $2,569,000 and an estimated non-Federal cost of
$757,000.
(B) Periodic nourishment.--Periodic nourishment is
authorized for a 50-year period at an estimated average
annual cost of $207,000, with an estimated annual
Federal cost of $159,000 and an estimated annual non-
Federal cost of $48,000.
(10) Delaware coast from cape henelopen to fenwick island,
bethany beach/south bethany beach, delaware.--
(A) In general.--The shore protection project for
hurricane storm damage reduction, Delaware Coast from
Cape Henelopen to Fenwick Island, Bethany Beach/South
Bethany Beach, Delaware, at a total cost of
$22,094,000, with an estimated Federal cost of
$14,361,000 and an estimated non-Federal cost of
$7,733,000.
(B) Periodic nourishment.--Periodic nourishment is
authorized for a 50-year period at an estimated average
annual cost of $1,573,000, with an estimated annual
Federal cost of $1,022,000 and an estimated annual non-
Federal cost of $551,000.
(11) Jacksonville harbor, florida.--The project for
navigation, Jacksonville Harbor, Florida, at a total cost of
$27,758,000, with an estimated Federal cost of $9,632,000 and
an estimated non-Federal cost of $18,126,000.
(12) Little talbot island, duval county, florida.--The
shore protection project for hurricane and storm damage
prevention, Little Talbot Island, Duval County, Florida, at a
total cost of $5,802,000, with an estimated Federal cost of
$3,771,000 and an estimated non-Federal cost of $2,031,000.
(13) Ponce de leon inlet, volusia county, florida.--The
project for navigation and recreation, Ponce de Leon Inlet,
Volusia County, Florida, at a total cost of $5,533,000, with an
estimated Federal cost of $3,408,000 and an estimated non-
Federal cost of $2,125,000.
(14) Tampa harbor-big bend channel, florida.--The project
for navigation, Tampa Harbor-Big Bend Channel, Florida, at a
total cost of $11,348,000, with an estimated Federal cost of
$5,747,000 and an estimated non-Federal cost of $5,601,000.
(15) Brunswick harbor deepening, georgia.--The project for
navigation, Brunswick Harbor deepening, Georgia, at a total
cost of $49,433,000, with an estimated Federal cost of
$32,083,000 and an estimated non-Federal cost of $17,350,000.
(16) Savannah harbor expansion, georgia.--
(A) In general.--Subject to subparagraph (B), the
Secretary may carry out the project for navigation,
Savannah Harbor expansion, Georgia, substantially in
accordance with the plans, and subject to the
conditions, recommended in a final report of the Chief
of Engineers, with such modifications as the Secretary
deems appropriate, at a total cost of $223,887,000 (of
which amount a portion is authorized for implementation
of the mitigation plan), with an estimated Federal cost
of $141,482,000 and an estimated non-Federal cost of
$82,405,000, if the final report of the Chief of
Engineers is completed by December 31, 1998.
(B) Conditions.--The project authorized by
subparagraph (A) may be carried out only after--
(i) the Secretary, in consultation with
affected Federal, State, regional, and local
entities, has reviewed and approved an
Environmental Impact Statement that includes--
(I) an analysis of the impacts of
project depth alternatives ranging from
42 feet through 48 feet; and
(II) a selected plan for navigation
and associated mitigation plan as
required by section 906(a) of the Water
Resources Development Act of 1986 (33
U.S.C. 2283); and
(ii) the Secretary of the Interior, the
Secretary of Commerce, and the Administrator of
the Environmental Protection Agency, with the
Secretary, have approved the selected plan and
have determined that the mitigation plan
adequately addresses the potential
environmental impacts of the project.
(C) Mitigation requirements.--The mitigation plan
shall be implemented in advance of or concurrently with
construction of the project.
(17) Grand forks, north dakota, and east grand forks,
minnesota.--The project for flood damage reduction and
recreation, Grand Forks, North Dakota, and East Grand Forks,
Minnesota, at a total cost of $307,750,000, with an estimated
Federal cost of $154,360,000 and an estimated non-Federal cost
of $153,390,000.
(18) Bayou cassotte extension, pascagoula harbor,
pascagoula, mississippi.--The project for navigation, Bayou
Cassotte extension, Pascagoula Harbor, Pascagoula, Mississippi,
at a total cost of $5,700,000, with an estimated Federal cost
of $3,705,000 and an estimated non-Federal cost of $1,995,000.
(19) Turkey creek basin, kansas city, missouri and kansas
city, kansas.--The project for flood damage reduction, Turkey
Creek Basin, Kansas City, Missouri, and Kansas City, Kansas, at
a total cost of $43,288,000 with an estimated Federal cost of
$28,840,000 and an estimated non-Federal cost of $17,448,000.
(20) Lower cape may meadows, cape may point, new jersey.--
(A) In general.--The shore protection project for
navigation mitigation, ecosystem restoration, and
hurricane and storm damage reduction, Lower Cape May
Meadows, Cape May Point, New Jersey, at a total cost of
$14,885,000, with an estimated Federal cost of
$11,390,000 and an estimated non-Federal cost of
$3,495,000.
(B) Periodic nourishment.--Periodic nourishment is
authorized for a 50-year period at an estimated average
annual cost of $4,565,000, with an estimated annual
Federal cost of $3,674,000 and an estimated annual non-
Federal cost of $891,000.
(21) New jersey shore protection, brigantine inlet to great
egg harbor, brigantine island, new jersey.--
(A) In general.--The shore protection project for
hurricane and storm damage reduction, New Jersey Shore
protection, Brigantine Inlet to Great Egg Harbor,
Brigantine Island, New Jersey, at a total cost of
$4,861,000, with an estimated Federal cost of
$3,160,000 and an estimated non-Federal cost of
$1,701,000.
(B) Periodic nourishment.--Periodic nourishment is
authorized for a 50-year period at an estimated average
annual cost of $454,000, with an estimated annual
Federal cost of $295,000 and an estimated annual non-
Federal cost of $159,000.
(22) New jersey shore protection, townsends inlet to cape
may inlet, new jersey.--
(A) In general.--The shore protection project for
hurricane and storm damage reduction and ecosystem
restoration, New Jersey Shore protection, Townsends
Inlet to Cape May Inlet, New Jersey, at a total cost of
$55,204,000, with an estimated Federal cost of
$35,883,000 and an estimated non-Federal cost of
$19,321,000.
(B) Periodic nourishment.--Periodic nourishment is
authorized for a 50-year period at an estimated average
annual cost of $6,319,000, with an estimated annual
Federal cost of $4,107,000 and an estimated annual non-
Federal cost of $2,212,000.
(23) Memphis harbor, memphis, tennessee.--
(A) In general.--Subject to subparagraph (B), the
project for navigation, Memphis Harbor, Memphis,
Tennessee, authorized by section 601(a) of the Water
Resources Development Act of 1986 (100 Stat. 4145) and
deauthorized under section 1001(a) of that Act (33
U.S.C. 579a(a)) is authorized to be carried out by the
Secretary.
(B) Condition.--No construction may be initiated
unless the Secretary determines through a general
reevaluation report using current data, that the
project is technically sound, environmentally
acceptable, and economically justified.
(24) Metro center levee, cumberland river, nashville,
tennessee.--The project for flood damage reduction and
recreation, Metro Certer Levee, Cumberland River, Nashville,
Tennessee, at a total cost of $5,931,000, with an estimated
Federal cost of $3,753,000 and an estimated non-Federal cost of
$2,178,000.
(25) Howard hanson dam, washington.--The project for water
supply and ecosystem restoration, Howard Hanson Dam,
Washington, at a total cost of $74,908,000, with an estimated
Federal cost of $36,284,000 and an estimated non-Federal cost
of $38,624,000.
SEC. 103. PROJECT MODIFICATIONS.
(a) Projects With Reports.--
(1) Glenn-colusa, california.--The project for flood
control, Sacramento River, California, authorized by section 2
of the Act entitled ``An Act to provide for the control of the
floods of the Mississippi River and of the Sacramento River,
California, and for other purposes'', approved March 1, 1917
(39 Stat. 949), and modified by section 102 of the Energy and
Water Development Appropriations Act, 1990 (103 Stat. 649), and
further modified by section 301(b)(3) of the Water Resources
Development Act of 1996 (110 Stat. 3709), is further modified
to authorize the Secretary to carry out the portion of the
project in Glenn-Colusa, California, in accordance with the
Corps of Engineers report dated May 22, 1998, at a total cost
of $20,700,000, with an estimated Federal cost of $15,570,000
and an estimated non-Federal cost of $5,130,000.
(2) San lorenzo river, california.--The project for flood
control, San Lorenzo River, California, authorized by section
101(a)(5) of the Water Resources Development Act of 1996 (110
Stat. 3663), is modified to authorize the Secretary to include
as a part of the project streambank erosion control measures to
be undertaken substantially in accordance with the report
entitled ``Bank Stabilization Concept, Laurel Street
Extension'', dated April 23, 1998, at a total cost of
$4,000,000, with an estimated Federal cost of $2,600,000 and an
estimated non-Federal cost of $1,400,000.
(3) Wood river, grand island, nebraska.--The project for
flood control, Wood River, Grand Island, Nebraska, authorized
by section 101(a)(19) of the Water Resources Development Act of
1996 (110 Stat. 3665) is modified to authorize the Secretary to
construct the project in accordance with the Corps of Engineers
report dated June 29, 1998, at a total cost of $16,632,000,
with an estimated Federal cost of $9,508,000 and an estimated
non-Federal cost of $7,124,000.
(4) Absecon island, new jersey.--The project for Absecon
Island, New Jersey, authorized by section 101(b)(13) of the
Water Resources Development Act of 1996 (110 Stat. 3668) is
amended to authorize the Secretary to reimburse the non-Federal
interests for all work performed, consistent with the
authorized project.
(5) Waurika lake, oklahoma, water conveyance facilities.--
The requirement for the Waurika Project Master Conservancy
District to repay the $2,900,000 in costs (including interest)
resulting from the October 1991 settlement of the claim of the
Travelers Insurance Company before the United States Claims
Court related to construction of the water conveyance
facilities authorized by the first section of Public Law 88-253
(77 Stat. 841) is waived.
(b) Projects Subject to Reports.--The following projects are
modified as follows, except that no funds may be obligated to carry out
work under such modifications until completion of a final report by the
Chief of Engineers, as approved by the Secretary, finding that such
work is technically sound, environmentally acceptable, and economically
justified, as applicable:
(1) Sacramento metro area, california.--The project for
flood control, Sacramento Metro Area, California, authorized by
section 101(4) of the Water Resources Development Act of 1992
(106 Stat. 4801) is modified to authorize the Secretary to
construct the project at a total cost of $32,600,000, with an
estimated Federal cost of $24,500,000 and an estimated non-
Federal cost of $8,100,000.
(2) Thornton reservoir, cook county, illinois.--
(A) In general.--The Thornton Reservoir project, an
element of the project for flood control, Chicagoland
Underflow Plan, Illinois, authorized by section 3(a)(5)
of the Water Resources Development Act of 1988 (102
Stat. 4013), is modified to authorize the Secretary to
include additional permanent flood control storage
attributable to the Thorn Creek Reservoir project,
Little Calumet River Watershed, Illinois, approved
under the Watershed Protection and Flood Prevention Act
(16 U.S.C. 1001 et seq.).
(B) Cost sharing.--Costs for the Thornton Reservoir
project shall be shared in accordance with section 103
of the Water Resources Development Act of 1986 (33
U.S.C. 2213).
(C) Transitional storage.--The Secretary of
Agriculture may cooperate with non-Federal interests to
provide, on a transitional basis, flood control storage
for the Thorn Creek Reservoir project in the west lobe
of the Thornton quarry.
(D) Crediting.--The Secretary may credit against
the non-Federal share of the Thornton Reservoir project
all design and construction costs incurred by the non-
Federal interests before the date of enactment of this
Act.
(E) Reevaluation report.--The Secretary shall
determine the credits authorized by subparagraph (D)
that are integral to the Thornton Reservoir project and
the current total project costs based on a limited
reevaluation report.
(3) Wells harbor, wells, maine.--
(A) In general.--The project for navigation, Wells
Harbor, Maine, authorized by section 101 of the River
and Harbor Act of 1960 (74 Stat. 480), is modified to
authorize the Secretary to realign the channel and
anchorage areas based on a harbor design capacity of
150 craft.
(B) Deauthorization of certain portions.--The
following portions of the project are not authorized
after the date of enactment of this Act:
(i) The portion of the 6-foot channel the
boundaries of which begin at a point with
coordinates N177,992.00, E394,831.00, thence
running south 83 degrees 58 minutes 14.8
seconds west 10.38 feet to a point N177,990.91,
E394,820.68, thence running south 11 degrees 46
minutes 47.7 seconds west 991.76 feet to a
point N177,020.04, E394,618.21, thence running
south 78 degrees 13 minutes 45.7 seconds east
10.00 feet to a point N177,018.00, E394,628.00,
thence running north 11 degrees 46 minutes 22.8
seconds east 994.93 feet to the point of
origin.
(ii) The portion of the 6-foot anchorage
the boundaries of which begin at a point with
coordinates N177,778.07, E394,336.96, thence
running south 51 degrees 58 minutes 32.7
seconds west 15.49 feet to a point N177,768.53,
E394,324.76, thence running south 11 degrees 46
minutes 26.5 seconds west 672.87 feet to a
point N177,109.82, E394,187.46, thence running
south 78 degrees 13 minutes 45.7 seconds east
10.00 feet to a point N177,107.78, E394,197.25,
thence running north 11 degrees 46 minutes 25.4
seconds east 684.70 feet to the point of
origin.
(iii) The portion of the 10-foot settling
basin the boundaries of which begin at a point
with coordinates N177,107.78, E394,197.25,
thence running north 78 degrees 13 minutes 45.7
seconds west 10.00 feet to a point N177,109.82,
E394,187.46, thence running south 11 degrees 46
minutes 15.7 seconds west 300.00 feet to a
point N176,816.13, E394,126.26, thence running
south 78 degrees 12 minutes 21.4 seconds east
9.98 feet to a point N176,814.09, E394,136.03,
thence running north 11 degrees 46 minutes 29.1
seconds east 300.00 feet to the point of
origin.
(iv) The portion of the 10-foot settling
basin the boundaries of which begin at a point
with coordinates N177,018.00, E394,628.00,
thence running north 78 degrees 13 minutes 45.7
seconds west 10.00 feet to a point N177,020.04,
E394,618.21, thence running south 11 degrees 46
minutes 44.0 seconds west 300.00 feet to a
point N176,726.36, E394,556.97, thence running
south 78 degrees 12 minutes 30.3 seconds east
10.03 feet to a point N176,724.31, E394,566.79,
thence running north 11 degrees 46 minutes 22.4
seconds east 300.00 feet to the point of
origin.
(C) Redesignations.--The following portions of the
project shall be redesignated as part of the 6-foot
anchorage:
(i) The portion of the 6-foot channel the
boundaries of which begin at a point with
coordinates N177,990.91, E394,820.68, thence
running south 83 degrees 58 minutes 40.8
seconds west 94.65 feet to a point N177,980.98,
E394,726.55, thence running south 11 degrees 46
minutes 22.4 seconds west 962.83 feet to a
point N177,038.40, E394,530.10, thence running
south 78 degrees 13 minutes 45.7 seconds east
90.00 feet to a point N177,020.04, E394,618.21,
thence running north 11 degrees 46 minutes 47.7
seconds east 991.76 feet to the point of
origin.
(ii) The portion of the 10-foot inner
harbor settling basin the boundaries of which
begin at a point with coordinates N177,020.04,
E394,618.21, thence running north 78 degrees 13
minutes 30.5 seconds west 160.00 feet to a
point N177,052.69, E394,461.58, thence running
south 11 degrees 46 minutes 45.4 seconds west
299.99 feet to a point N176,759.02,
E394,400.34, thence running south 78 degrees 13
minutes 17.9 seconds east 160 feet to a point
N176,726.36, E394,556.97, thence running north
11 degrees 46 minutes 44.0 seconds east 300.00
feet to the point of origin.
(iii) The portion of the 6-foot anchorage
the boundaries of which begin at a point with
coordinates N178,102.26, E394,751.83, thence
running south 51 degrees 59 minutes 42.1
seconds west 526.51 feet to a point
N177,778.07, E394,336.96, thence running south
11 degrees 46 minutes 26.6 seconds west 511.83
feet to a point N177,277.01, E394,232.52,
thence running south 78 degrees 13 minutes 17.9
seconds east 80.00 feet to a point N177,260.68,
E394,310.84, thence running north 11 degrees 46
minutes 24.8 seconds east 482.54 feet to a
point N177,733.07, E394,409.30, thence running
north 51 degrees 59 minutes 41.0 seconds east
402.63 feet to a point N177,980.98,
E394,726.55, thence running north 11 degrees 46
minutes 27.6 seconds east 123.89 feet to the
point of origin.
(D) Realignment.--The 6-foot anchorage area
described in subparagraph (C)(iii) shall be realigned
to include the area located south of the inner harbor
settling basin in existence on the date of enactment of
this Act beginning at a point with coordinates
N176,726.36, E394,556.97, thence running north 78
degrees 13 minutes 17.9 seconds west 160.00 feet to a
point N176,759.02, E394,400.34, thence running south 11
degrees 47 minutes 03.8 seconds west 45 feet to a point
N176,714.97, E394,391.15, thence running south 78
degrees 13 minutes 17.9 seconds 160.00 feet to a point
N176,682.31, E394,547.78, thence running north 11
degrees 47 minutes 03.8 seconds east 45 feet to the
point of origin.
(E) Relocation.--The Secretary may relocate the
settling basin feature of the project to the outer
harbor between the jetties.
(4) New york harbor and adjacent channels, port jersey, new
jersey.--The project for navigation, New York Harbor and
Adjacent Channels, Port Jersey, New Jersey, authorized by
section 202(b) of the Water Resources Development Act of 1986
(100 Stat. 4098), is modified to authorize the Secretary to
construct the project at a total cost of $100,689,000, with an
estimated Federal cost of $74,998,000 and an estimated non-
Federal cost of $25,701,000.
(5) Arthur kill, new york and new jersey.--
(A) In general.--The project for navigation, Arthur
Kill, New York and New Jersey, authorized by section
202(b) of the Water Resources Development Act of 1986
(100 Stat. 4098) and modified by section 301(b)(11) of
the Water Resources Development Act of 1996 (110 Stat.
3711), is further modified to authorize the Secretary
to construct the project at a total cost of
$269,672,000, with an estimated Federal cost of
$178,400,000 and an estimated non-Federal cost of
$91,272,000.
(B) Berthing areas and other local service
facilities.--The non-Federal interests shall provide
berthing areas and other local service facilities
necessary for the project at an estimated cost of
$37,936,000.
(c) Beaver Lake, Arkansas, Water Supply Storage Reallocation.--The
Secretary shall reallocate approximately 31,000 additional acre-feet at
Beaver Lake, Arkansas, to water supply storage at no cost to the Beaver
Water District or the Carroll-Boone Water District, except that at no
time shall the bottom of the conservation pool be at an elevation that
is less than 1,076 feet, NGVD.
(d) Tolchester Channel S-Turn, Baltimore, Maryland.--The project
for navigation, Baltimore Harbor and Channels, Maryland, authorized by
section 101 of the River and Harbor Act of 1958 (72 Stat. 297), is
modified to direct the Secretary to straighten the Tolchester Channel
S-turn as part of project maintenance.
(e) Tropicana Wash and Flamingo Wash, Nevada.--Any Federal costs
associated with the Tropicana and Flamingo Washes, Nevada, authorized
by section 101(13) of the Water Resources Development Act of 1992 (106
Stat. 4803), incurred by the non-Federal interest to accelerate or
modify construction of the project, in cooperation with the Corps of
Engineers, shall be considered to be eligible for reimbursement by the
Secretary.
(f) Rediversion Project, Cooper River, Charleston Harbor, South
Carolina.--
(1) In general.--The rediversion project, Cooper River,
Charleston Harbor, South Carolina, authorized by section 101 of
the River and Harbor Act of 1968 (82 Stat. 731) and modified by
title I of the Energy and Water Development Appropriations Act,
1992 (105 Stat. 517), is modified to authorize the Secretary to
pay the State of South Carolina not more than $3,750,000, if
the State enters into an agreement with the Secretary providing
that the State shall perform all future operation of the St.
Stephen, South Carolina, fish lift (including associated
studies to assess the efficacy of the fish lift).
(2) Contents.--The agreement shall specify the terms and
conditions under which payment will be made and the rights of,
and remedies available to, the Secretary to recover all or a
portion of the payment if the State suspends or terminates
operation of the fish lift or fails to perform the operation in
a manner satisfactory to the Secretary.
(3) Maintenance.--Maintenance of the fish lift shall remain
a Federal responsibility.
(g) Flood Mitigation Near Pierre, South Dakota.--
(1) In general.--
(A) Land acquisition.--To provide full operational
capability to carry out the authorized purposes of the
Missouri River Main Stem dams that are part of the
Pick-Sloan Missouri River Basin Program authorized by
section 9 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 December 22, 1944 (58 Stat. 891), the
Secretary may acquire from willing sellers such land
and property in the vicinity of Pierre, South Dakota,
or floodproof or relocate such property within the
project area, as the Secretary determines is adversely
affected by the full wintertime Oahe Powerplant
releases.
(B) Ownership and use.--Any land that is acquired
under subparagraph (A) shall be kept in public
ownership and shall be dedicated and maintained in
perpetuity for a use that is compatible with any
remaining flood threat.
(C) Report.--
(i) In general.--The Secretary shall not
obligate funds to implement this paragraph
until the Secretary has completed a report
addressing the criteria for selecting which
properties are to be acquired, relocated, or
floodproofed, and a plan for implementing such
measures, and has made a determination that the
measures are economically justified.
(ii) Deadline.--The report shall be
completed not later than 180 days after funding
is made available.
(D) Coordination and cooperation.--The report and
implementation plan--
(i) shall be coordinated with the Federal
Emergency Management Agency; and
(ii) shall be prepared in consultation with
other Federal agencies, State and local
officials, and residents.
(E) Considerations.--The report should take into
account information from prior and ongoing studies.
(2) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $35,000,000.
(h) Trinity River and Tributaries, Texas.--The project for flood
control and navigation, Trinity River and tributaries, Texas,
authorized by section 301 of the River and Harbor Act of 1965 (79 Stat.
1091), is modified to add environmental restoration as a project
purpose.
(i) Beach Erosion Control and Hurricane Protection, Virginia Beach,
Virginia.--
(1) Acceptance of funds.--In any fiscal year that the Corps
of Engineers does not receive appropriations sufficient to meet
expected project expenditures for that year, the Secretary
shall accept from the city of Virginia Beach, Virginia, for
purposes of the project for beach erosion control and hurricane
protection, Virginia Beach, Virginia, authorized by section
501(a) of the Water Resources Development Act of 1986 (100
Stat. 4136), such funds as the city may advance for the
project.
(2) Repayment.--Subject to the availability of
appropriations, the Secretary shall repay, without interest,
the amount of any advance made under paragraph (1), from
appropriations that may be provided by Congress for river and
harbor, flood control, shore protection, and related projects.
(j) Elizabeth River, Chesapeake, Virginia.--Notwithstanding any
other provision of law, after the date of enactment of this Act, the
city of Chesapeake, Virginia, shall not be obligated to make the annual
cash contribution required under paragraph 1(9) of the Local
Cooperation Agreement dated December 12, 1978, between the Government
and the city for the project for navigation, southern branch of
Elizabeth River, Chesapeake, Virginia.
(k) Payment Option, Moorefield, West Virginia.--The Secretary may
permit the non-Federal interests for the project for flood control,
Moorefield, West Virginia, to pay without interest the remaining non-
Federal cost over a period not to exceed 30 years, to be determined by
the Secretary.
(l) Miami Dade Agricultural and Rural Land Retention Plan and South
Biscayne, Florida.--Section 528(b)(3) of the Water Resources
Development Act of 1996 (110 Stat. 3768) is amended by adding at the
end the following:
``(D) Credit and reimbursement of past and future
activities.--The Secretary may afford credit to or
reimburse the non-Federal sponsors (using funds
authorized by subparagraph (C)) for the reasonable
costs of any work that has been performed or will be
performed in connection with a study or activity
meeting the requirements of subparagraph (A) if--
``(i) the Secretary determines that--
``(I) the work performed by the
non-Federal sponsors will substantially
expedite completion of a critical
restoration project; and
``(II) the work is necessary for a
critical restoration project; and
``(ii) the credit or reimbursement is
granted pursuant to a project-specific
agreement that prescribes the terms and
conditions of the credit or reimbursement.''.
(m) Lake Michigan, Illinois.--
(1) In general.--The project for storm damage reduction and
shoreline protection, Lake Michigan, Illinois, from Wilmette,
Illinois, to the Illinois-Indiana State line, authorized by
section 101(a)(12) of the Water Resources Development Act of
1996 (110 Stat. 3664), is modified to provide for reimbursement
for additional project work undertaken by the non-Federal
interest.
(2) Credit or reimbursement.--The Secretary shall credit or
reimburse the non-Federal interest for the Federal share of
project costs incurred by the non-Federal interest in
designing, constructing, or reconstructing reach 2F (700 feet
south of Fullerton Avenue and 500 feet north of Fullerton
Avenue), reach 3M (Meigs Field), and segments 7 and 8 of reach
4 (43rd Street to 57th Street), if the non-Federal interest
carries out the work in accordance with plans approved by the
Secretary, at an estimated total cost of $83,300,000.
(3) Reimbursement.--The Secretary shall reimburse the non-
Federal interest for the Federal share of project costs
incurred by the non-Federal interest in reconstructing the
revetment structures protecting Solidarity Drive in Chicago,
Illinois, before the signing of the project cooperation
agreement, at an estimated total cost of $7,600,000.
(n) Measurements of Lake Michigan Diversions, Illinois.--Section
1142(b) of the Water Resources Development Act of 1986 (100 Stat. 4253)
is amended by striking ``$250,000 per fiscal year for each fiscal year
beginning after September 30, 1986'' and inserting ``a total of
$1,250,000 for each of fiscal years 1999 through 2003''.
(o) Project for Navigation, Dubuque, Iowa.--The project for
navigation at Dubuque, Iowa, authorized by section 101 of the River and
Harbor Act of 1960 (74 Stat. 482), is modified to authorize the
development of a wetland demonstration area of approximately 1.5 acres
to be developed and operated by the Dubuque County Historical Society
or a successor nonprofit organization.
(p) Louisiana State Penitentiary Levee.--The Secretary may credit
against the non-Federal share work performed in the project area of the
Louisiana State Penitentiary Levee, Mississippi River, Louisiana,
authorized by section 401(a) of the Water Resources Development Act of
1986 (100 Stat. 4117).
(q) Jackson County, Mississippi.--The project for environmental
infrastructure, Jackson County, Mississippi, authorized by section
219(c)(5) of the Water Resources Development Act of 1992 (106 Stat.
4835) and modified by section 504 of the Water Resources Development
Act of 1996 (110 Stat. 3757), is modified to direct the Secretary to
provide a credit, not to exceed $5,000,000, against the non-Federal
share of the cost of the project for the costs incurred by the Jackson
County Board of Supervisors since February 8, 1994, in constructing the
project, if the Secretary determines that such costs are for work that
the Secretary determines was compatible with and integral to the
project.
(r) Richard B. Russell Dam and Lake, South Carolina.--
(1) In general.--Except as otherwise provided in this
paragraph, the Secretary shall convey to the State of South
Carolina all right, title, and interest of the United States in
the parcels of land described in subparagraph (B) that are
currently being managed by the South Carolina Department of
Natural Resources for fish and wildlife mitigation purposes for
the Richard B. Russell Dam and Lake, South Carolina, project
authorized by the Flood Control Act of 1966 and modified by the
Water Resources Development Act of 1986.
(2) Land description.--
(A) In general.--The parcels of land to be conveyed
are described in Exhibits A, F, and H of Army Lease No.
DACW21-1-93-0910 and associated supplemental agreements
or are designated in red in Exhibit A of Army License
No. DACW21-3-85-1904, excluding all designated parcels
in the license that are below elevation 346 feet mean
sea level or that are less than 300 feet measured
horizontally from the top of the power pool.
(B) Management of excluded parcels.--Management of
the excluded parcels shall continue in accordance with
the terms of Army License No. DACW21-3-85-1904 until
the Secretary and the State enter into an agreement
under subparagraph (F).
(C) Survey.--The exact acreage and legal
description of the land shall be determined by a survey
satisfactory to the Secretary, with the cost of the
survey borne by the State.
(3) Costs of conveyance.--The State shall be responsible
for all costs, including real estate transaction and
environmental compliance costs, associated with the conveyance.
(4) Perpetual status.--
(A) In general.--All land conveyed under this
paragraph shall be retained in public ownership and
shall be managed in perpetuity for fish and wildlife
mitigation purposes in accordance with a plan approved
by the Secretary.
(B) Reversion.--If any parcel of land is not
managed for fish and wildlife mitigation purposes in
accordance with such plan, title to the parcel shall
revert to the United States.
(5) Additional terms and conditions.--The Secretary may
require such additional terms and conditions in connection with
the conveyance as the Secretary considers appropriate to
protect the interests of the United States.
(6) Fish and wildlife mitigation agreement.--
(A) In general.--The Secretary may pay the State of
South Carolina not more than $4,850,000 subject to the
Secretary and the State entering into a binding
agreement for the State to manage for fish and wildlife
mitigation purposes in perpetuity the lands conveyed
under this paragraph and excluded parcels designated in
Exhibit A of Army License No. DACW21-3-85-1904.
(B) Failure of performance.--The agreement shall
specify the terms and conditions under which payment
will be made and the rights of, and remedies available
to, the Federal Government to recover all or a portion
of the payment if the State fails to manage any parcel
in a manner satisfactory to the Secretary.
(s) Land Conveyance, Clarkston, Washington.--
(1) In general.--The Secretary shall convey to the Port of
Clarkston, Washington, all right, title, and interest of the
United States in and to a portion of the land described in the
Department of the Army lease No. DACW68-1-97-22, consisting of
approximately 31 acres, the exact boundaries of which shall be
determined by the Secretary and the Port of Clarkston.
(2) The Secretary may convey to the Port of Clarkston,
Washington, at fair market value as determined by the
Secretary, such additional land located in the vicinity of
Clarkston, Washington, as the Secretary determines to be excess
to the needs of the Columbia River Project and appropriate for
conveyance.
(3) Terms and conditions.--The conveyances made under
subsections (a) and (b) shall be subject to such terms and
conditions as the Secretary determines to be necessary to
protect the interests of the United States, including a
requirement that the Port of Clarkston pay all administrative
costs associated with the conveyances, including the cost of
land surveys and appraisals and costs associated with
compliance with applicable environmental laws and regulations.
(4) Use of land.--The Port of Clarkston shall be required
to pay the fair market value, as determined by the Secretary,
of any land conveyed pursuant to subsection (a) that is not
retained in public ownership or is used for other than public
park or recreation purposes, except that the Secretary shall
have a right of reverter to reclaim possession and title to any
such land.
(t) White River, Indiana.--The project for flood control,
Indianapolis on West Fork of the White River, Indiana, authorized by
section 5 of the Act entitled ``An Act authorizing the construction of
certain public works on rivers and harbors for flood control, and other
purposes'', approved June 22, 1936 (49 Stat. 1586, chapter 688), as
modified by section 323 of the Water Resources Development Act of 1996
(110 Stat. 3716), is modified to authorize the Secretary to undertake
the riverfront alterations described in the Central Indianapolis
Waterfront Concept Plan, dated February 1994, for the Canal Development
(Upper Canal feature) and the Beveridge Paper feature, at a total cost
not to exceed $25,000,000, of which $12,500,000 is the estimated
Federal cost and $12,500,000 is the estimated non-Federal cost, except
that no such alterations may be undertaken unless the Secretary
determines that the alterations authorized by this subsection, in
combination with the alterations undertaken under section 323 of the
Water Resources Development Act of 1996 (110 Stat. 3716), are
economically justified.
(u) Fox Point Hurricane Barrier, Providence, Rhode Island.--The
project for hurricane-flood protection, Fox Point, Providence, Rhode
Island, authorized by section 203 of the Flood Control Act of 1958 (72
Stat. 306) is modified to direct the Secretary to undertake the
necessary repairs to the barrier, as identified in the Condition Survey
and Technical Assessment dated April 1998 with Supplement dated August
1998, at a total cost of $3,000,000, with an estimated Federal cost of
$1,950,000 and an estimated non-Federal cost of $1,050,000.
SEC. 104. PROJECT DEAUTHORIZATIONS.
(a) Bridgeport Harbor, Connecticut.--The portion of the project for
navigation, Bridgeport Harbor, Connecticut, authorized by section 101
of the River and Harbor Act of 1958 (72 Stat. 297), consisting of a
2.4-acre anchorage area 9 feet deep and an adjacent 0.60-acre anchorage
area 6 feet deep, located on the west side of Johnsons River,
Connecticut, is not authorized after the date of enactment of this Act.
(b) Bass Harbor, Maine.--
(1) Deauthorization.--The portions of the project for
navigation, Bass Harbor, Maine, authorized on May 7, 1962,
under section 107 of the River and Harbor Act of 1960 (33
U.S.C. 577) described in paragraph (2) are not authorized after
the date of enactment of this Act.
(2) Description.--The portions of the project referred to
in paragraph (1) are described as follows:
(A) Beginning at a bend in the project, N149040.00,
E538505.00, thence running easterly about 50.00 feet
along the northern limit of the project to a point,
N149061.55, E538550.11, thence running southerly about
642.08 feet to a point, N148477.64, E538817.18, thence
running southwesterly about 156.27 feet to a point on
the westerly limit of the project, N148348.50,
E538737.02, thence running northerly about 149.00 feet
along the westerly limit of the project to a bend in
the project, N148489.22, E538768.09, thence running
northwesterly about 610.39 feet along the westerly
limit of the project to the point of origin.
(B) Beginning at a point on the westerly limit of
the project, N148118.55, E538689.05, thence running
southeasterly about 91.92 feet to a point, N148041.43,
E538739.07, thence running southerly about 65.00 feet
to a point, N147977.86, E538725.51, thence running
southwesterly about 91.92 feet to a point on the
westerly limit of the project, N147927.84, E538648.39,
thence running northerly about 195.00 feet along the
westerly limit of the project to the point of origin.
(c) Boothbay Harbor, Maine.--The project for navigation, Boothbay
Harbor, Maine, authorized by the Act of July 25, 1912 (37 Stat. 201,
chapter 253), is not authorized after the date of enactment of this
Act.
(d) East Boothbay Harbor, Maine.--Section 364 of the Water
Resources Development Act of 1996 (110 Stat. 3731) is amended by
striking paragraph (9) and inserting the following:
``(9) East boothbay harbor, maine.--The project for
navigation, East Boothbay Harbor, Maine, authorized by the
first section of the Act entitled `An Act making appropriations
for the construction, repair, and preservation of certain
public works on rivers and harbors, and for other purposes',
approved June 25, 1910 (36 Stat. 657).''.
SEC. 105. STUDIES.
(a) Baldwin County, Alabama, Watersheds.--The Secretary of the Army
shall review the report of the Chief of Engineers on the Alabama Coast
published as House Document 108, 90th Congress, 1st Session, and other
pertinent reports, with a view to determining whether modifications of
the recommendations contained in the House Document are advisable at
this time in the interest of flood damage reduction, environmental
restoration and protection, water quality, and other purposes, with a
special emphasis on determining the advisability of developing a
comprehensive coordinated watershed management plan for the
development, conservation, and utilization of water and related land
resources in the watersheds in Baldwin County, Alabama.
(b) Escambia River, Alabama and Florida.--
(1) In general.--The Secretary shall review the report of
the Chief of Engineers on the Escambia River, Alabama and
Florida, published as House Document 350, 71st Congress, 2d
Session, and other pertinent reports, to determine whether
modifications of any of the recommendations contained in the
House Document are advisable at this time with particular
reference to Burnt Corn Creek and Murder Creek in the vicinity
of Brewton, and East Brewton, Alabama, and the need for flood
control, floodplain evacuation, flood warning and preparedness,
environmental restoration and protection, and bank
stabilization in those areas.
(2) Coordination.--The review shall be coordinated with
plans of other local and Federal agencies.
(c) Caddo Levee, Red River Below Denison Dam, Arizona, Louisiana,
Oklahoma, and Texas.--The Secretary shall conduct a study to determine
the feasibility of undertaking a project for flood control, Caddo
Levee, Red River Below Denison Dam, Arizona, Louisiana, Oklahoma, and
Texas, including incorporating the existing levee, along Twelve Mile
Bayou from its juncture with the existing Red River Below Denison Dam
Levee approximately 26 miles upstream to its terminus at high ground in
the vicinity of Black Bayou, Louisiana.
(d) Fields Landing Channel, Humboldt Harbor, California.--The
Secretary--
(1) shall conduct a study for the project for navigation,
Fields Landing Channel, Humboldt Harbor and Bay, California, to
a depth of minus 35 feet (MLLW), and for that purpose may use
any feasibility report prepared by the non-Federal sponsor
under section 203 of the Water Resources Development Act of
1986 (33 U.S.C. 2231) for which reimbursement of the Federal
share of the study is authorized subject to the availability of
appropriations; and
(2) may carry out the project under section 107 of the
River and Harbor Act of 1960 (33 U.S.C. 577), if the Secretary
determines that the project is feasible.
(e) Strawberry Creek, Berkeley, California.--The Secretary shall
conduct a study to determine the feasibility of restoring Strawberry
Creek, Berkeley, California, and the Federal interest in environmental
restoration, conservation of fish and wildlife resources, recreation,
and water quality.
(f) West Side Storm Water Retention Facility, City of Lancaster,
California.--The Secretary shall conduct a study to determine the
feasibility of undertaking measures to construct the West Side Storm
Water Retention Facility in the city of Lancaster, California.
(g) Apalachicola River, Florida.--The Secretary shall conduct a
study for the purpose of identifying--
(1) alternatives for the management of material dredged in
connection with operation and maintenance of the Apalachicola
River Navigation Project; and
(2) alternatives that reduce the requirements for such
dredging.
(h) Broward County, Sand Bypassing at Port Everglades, Florida.--
The Secretary shall conduct a study to determine the feasibility of
constructing a sand bypassing project at the Port Everglades Inlet,
Florida.
(i) City of Destin-Noriega Point Breakwater, Florida.--The
Secretary shall conduct a study to determine the feasibility of--
(1) restoring Noriega Point, Florida, to serve as a
breakwater for Destin Harbor; and
(2) including Noriega Point as part of the East Pass,
Florida, navigation project.
(j) Gateway Triangle Redevelopment Area, Florida.--
(1) In general.--The Secretary shall conduct a study to
determine the feasibility of undertaking measures to reduce the
flooding problems in the vicinity of Gateway Triangle
Redevelopment Area, Florida.
(2) Studies and reports.--The study shall include a review
and consideration of studies and reports completed by the non-
Federal interests.
(k) Hillsborough River, Withlacoochee River Basins, Florida.--The
Secretary shall conduct a study to identify appropriate measures that
can be undertaken in the Green Swamp, Withlacoochee River, and the
Hillsborough River, the Water Triangle of west central Florida, to
address comprehensive watershed planning for water conservation, water
supply, restoration and protection of environmental resources, and
other water resource-related problems in the area.
(l) City of Plant City, Florida.--
(1) In general.--The Secretary shall conduct a study to
determine the feasibility of a flood control project in the
city of Plant City, Florida.
(2) Studies and reports.--In conducting the study, the
Secretary shall review and consider studies and reports
completed by the non-Federal interests.
(m) St. Lucie County, Florida, Shore Protection.--The Secretary
shall conduct a study to determine the feasibility of a shore
protection and hurricane and storm damage reduction project to the
shoreline areas in St. Lucie County from the current project for Fort
Pierce Beach, Florida, southward to the Martin County line.
(n) Saint Joseph River, South Bend, Indiana.--The Secretary shall
conduct a study to determine the feasibility of undertaking erosion
control, bank stabilization, and flood control along the Saint Joseph
River, Indiana, including the South Bend Dam and the banks of the East
Bank and Island Park.
(o) Acadiana Navigation Channel, Louisiana.--The Secretary shall
conduct a study to determine the feasibility of assuming operations and
maintenance for the Acadiana Navigation Channel located in Iberia and
Vermillion Parishes, Louisiana.
(p) Cameron Parish West of Calcasieu River, Louisiana.--The
Secretary shall conduct a study to determine the feasibility of a storm
damage reduction and ecosystem restoration project for Cameron Parish
west of Calcasieu River, Louisiana.
(q) Beneficial Use of Dredged Material, Coastal Louisiana.--The
Secretary shall conduct a study to determine the feasibility of using
dredged material from maintenance activities at Federal navigation
projects in coastal Louisiana to benefit coastal areas in the State.
(r) Contraband Bayou Navigation Channel, Louisiana.--The Secretary
shall conduct a study to determine the feasibility of assuming the
maintenance at Contraband Bayou, Calcasieu River Ship Canal, Louisiana.
(s) Golden Meadow Lock, Louisiana.--The Secretary shall conduct a
study to determine the feasibility of converting the Golden Meadow
floodgate into a navigation lock to be included in the Larose to Golden
Meadow Hurricane Protection Project, Louisiana.
(t) Gulf Intracoastal Waterway Ecosystem Protection, Chef Menteur
to Sabine River, Louisiana.--
(1) In general.--The Secretary shall conduct a study to
determine the feasibility of undertaking ecosystem restoration
and protection measures along the Gulf Intracoastal Waterway
from Chef Menteur to Sabine River, Louisiana.
(2) Matters to be addressed.--The study shall address
saltwater intrusion, tidal scour, erosion, and other water
resources related problems in that area.
(u) Lake Pontchartrain, Louisiana, and Vicinity, St. Charles Parish
Pumps.--The Secretary shall conduct a study to determine the
feasibility of modifying the Lake Pontchartrain Hurricane Protection
Project to include the St. Charles Parish Pumps and the modification of
the seawall fronting protection along Lake Pontchartrain in Orleans
Parish, from New Basin Canal on the west to the Inner Harbor Navigation
Canal on the east.
(v) Lake Pontchartrain and Vicinity Seawall Restoration,
Louisiana.--The Secretary shall conduct a study to determine the
feasibility of undertaking structural modifications of that portion of
the seawall fronting protection along the south shore of Lake
Pontchartrain in Orleans Parish, Louisiana, extending approximately 5
miles from the new basin Canal on the west to the Inner Harbor
Navigation Canal on the east as a part of the Lake Pontchartrain and
Vicinity Hurricane Protection Project, authorized by section 204 of the
Flood Control Act of 1965 (79 Stat. 1077).
(w) Louisiana State Penitentiary Levee.--The Secretary shall
conduct a study of the impacts of crediting the non-Federal interests
for work performed in the project area of the Louisiana State
Penitentiary Levee.
(x) Detroit River, Michigan, Greenway Corridor Study.--
(1) In general.--The Secretary shall conduct a study to
determine the feasibility of a project for shoreline
protection, frontal erosion, and associated purposes in the
Detroit River shoreline area from the Belle Isle Bridge to the
Ambassador Bridge in Detroit, Michigan.
(2) Potential modifications.--As a part of the study, the
Secretary shall review potential project modifications to any
existing Corps projects within the same area.
(y) St. Clair Shores Flood Control, Michigan.--The Secretary shall
conduct a study to determine the feasibility of constructing a flood
control project at St. Clair Shores, Michigan.
(z) Tunica Lake Weir, Mississippi.--
(1) In general.--The Secretary shall conduct a study to
determine the feasibility of constructing an outlet weir at
Tunica Lake, Tunica County, Mississippi, and Lee County,
Arkansas, for the purpose of stabilizing water levels in the
Lake.
(2) Economic analysis.--In carrying out the study, the
Secretary shall include as a part of the economic analysis the
benefits derived from recreation uses at the Lake and economic
benefits associated with restoration of fish and wildlife
habitat.
(aa) Protective Facilities for the St. Louis, Missouri, Riverfront
Area.--
(1) Study.--The Secretary shall conduct a study to
determine the optimal plan to protect facilities that are
located on the Mississippi River riverfront within the
boundaries of St. Louis, Missouri.
(2) Requirements.--In conducting the study, the Secretary
shall--
(A) evaluate alternatives to offer safety and
security to facilities; and
(B) use state-of-the-art techniques to best
evaluate the current situation, probable solutions, and
estimated costs.
(3) Report.--Not later than April 15, 1999, the Secretary
shall submit to Congress a report on the results of the study.
(bb) Yellowstone River, Montana.--
(1) Study.--The Secretary shall conduct a comprehensive
study of the Yellowstone River from Gardiner, Montana to the
confluence of the Missouri River to determine the hydrologic,
biological, and socioeconomic cumulative impacts on the river.
(2) Consultation and coordination.--The Secretary shall
conduct the study in consultation with the United States Fish
and Wildlife Service, the United States Geological Survey, and
the Natural Resources Conservation Service and with the full
participation of the State of Montana and tribal and local
entities, and provide for public participation.
(3) Report.--Not later than 5 years after the date of
enactment of this Act, the Secretary shall submit a report to
Congress on the results of the study.
(cc) Las Vegas Valley, Nevada.--
(1) In general.--The Secretary shall conduct a
comprehensive study of water resources located in the Las Vegas
Valley, Nevada.
(2) Objectives.--The study shall identify problems and
opportunities related to ecosystem restoration, water quality,
particularly the quality of surface runoff, water supply, and
flood control.
(dd) Camden and Gloucester Counties, New Jersey, Streams and
Watersheds.--The Secretary shall conduct a study to determine the
feasibility of undertaking ecosystem restoration, floodplain
management, flood control, water quality control, comprehensive
watershed management, and other allied purposes along tributaries of
the Delaware River, Camden County and Gloucester County, New Jersey.
(ee) Oswego River Basin, New York.--The Secretary shall conduct a
study to determine the feasibility of establishing a flood forecasting
system within the Oswego River basin, New York.
(ff) Port of New York-New Jersey Navigation Study and Environmental
Restoration Study.--
(1) Navigation study.--The Secretary shall conduct a
comprehensive study of navigation needs at the Port of New
York-New Jersey (including the South Brooklyn Marine and Red
Hook Container Terminals, Staten Island, and adjacent areas) to
address improvements, including deepening of existing channels
to depths of 50 feet or greater, that are required to provide
economically efficient and environmentally sound navigation to
meet current and future requirements.
(2) Environmental restoration study.--The Secretary, acting
through the Chief of Engineers, shall review the report of the
Chief of Engineers on the New York Harbor, printed in the House
Management Plan of the Harbor Estuary Program, and other
pertinent reports concerning the New York Harbor Region and the
Port of New York-New Jersey, to determine the Federal interest
in advancing harbor environmental restoration.
(3) Report.--The Secretary may use funds from the ongoing
navigation study for New York and New Jersey Harbor to complete
a reconnaissance report for environmental restoration by
December 31, 1999. The navigation study to deepen New York and
New Jersey Harbor shall consider beneficial use of dredged
material.
(gg) Bank Stabilization, Missouri River, North Dakota.--
(1) Study.--
(A) In general.--The Secretary shall conduct a
study to determine the feasibility of bank
stabilization on the Missouri River between the
Garrison Dam and Lake Oahe in North Dakota.
(B) Elements.--In conducting the study, the
Secretary shall study--
(i) options for stabilizing the erosion
sites on the banks of the Missouri River
between the Garrison Dam and Lake Oahe
identified in the report developed by the North
Dakota State Water Commission, dated December
1997, including stabilization through
nontraditional measures;
(ii) the cumulative impact of bank
stabilization measures between the Garrison Dam
and Lake Oahe on fish and wildlife habitat and
the potential impact of additional
stabilization measures, including the impact of
nontraditional stabilization measures;
(iii) the current and future effects,
including economic and fish and wildlife
habitat effects, that bank erosion is having on
creating the delta at the beginning of Lake
Oahe; and
(iv) the impact of taking no additional
measures to stabilize the banks of the Missouri
River between the Garrison Dam and Lake Oahe.
(C) Interested parties.--In conducting the study,
the Secretary shall, to the maximum extent practicable,
seek the participation and views of interested Federal,
State, and local agencies, landowners, conservation
organizations, and other persons.
(D) Report.--
(i) In general.--The Secretary shall report
to Congress on the results of the study not
later than 1 year after the date of enactment
of this Act.
(ii) Status.--If the Secretary cannot
complete the study and report to Congress by
the day that is 1 year after the date of
enactment of this Act, the Secretary shall, by
that day, report to Congress on the status of
the study and report, including an estimate of
the date of completion.
(2) Effect on existing projects.--This subsection does not
preclude the Secretary from establishing or carrying out a
stabilization project that is authorized by law.
(hh) Santee Delta Wetland Habitat, South Carolina.--Not later than
18 months after the date of enactment of this Act, the Secretary shall
complete a comprehensive study of the ecosystem in the Santee Delta
focus area of South Carolina to determine the feasibility of
undertaking measures to enhance the wetland habitat in the area.
(ii) Waccamaw River, South Carolina.--The Secretary shall conduct a
study to determine the feasibility of a flood control project for the
Waccamaw River in Horry County, South Carolina.
(jj) Upper Susquehanna-Lackawanna, Pennsylvania, Watershed
Management and Restoration Study.--
(1) In general.--The Secretary shall conduct a study to
determine the feasibility of a comprehensive flood plain
management and watershed restoration project for the Upper
Susquehanna-Lackawanna Watershed, Pennsylvania.
(2) Geographic information system.--In conducting the
study, the Secretary shall use a geographic information system.
(3) Plans.--The study shall formulate plans for
comprehensive flood plain management and environmental
restoration.
(4) Crediting.--Non-Federal interests may receive credit
for in-kind services and materials that contribute to the
study. The Secretary may credit non-Corps Federal assistance
provided to the non-Federal interest toward the non-Federal
share of study costs to the maximum extent authorized by law.
(kk) Niobrara River and Missouri River Sedimentation Study, South
Dakota.--The Secretary shall conduct a study of the Niobrara River
watershed and the operations of Fort Randall Dam and Gavins Point Dam
on the Missouri River to determine the feasibility of alleviating the
bank erosion, sedimentation, and related problems in the lower Niobrara
River and the Missouri River below Fort Randall Dam.
(ll) Santa Clara River, Utah.--
(1) In general.--The Secretary shall conduct a study to
determine the feasibility of undertaking measures to alleviate
damage caused by flooding, bank erosion, and sedimentation
along the watershed of the Santa Clara River, Utah, above the
Gunlock Reservoir.
(2) Contents.--The study shall include an analysis of
watershed conditions and water quality, as related to flooding
and bank erosion, along the Santa Clara River in the vicinity
of the town of Gunlock, Utah.
(mm) City of Ocean Shores Shore Protection Project, Washington.--
The Secretary shall conduct a study to determine the feasibility of
undertaking a project for beach erosion and flood control, including
relocation of a primary dune and periodic nourishment, at Ocean Shores,
Washington.
(nn) Agat Small Boat Harbor, Guam.--The Secretary shall conduct a
study to determine the feasibility of undertaking the repair and
reconstruction of Agat Small Boat Harbor, Guam, including the repair of
existing shore protection measures and construction or a revetment of
the breakwater seawall.
(oo) Apra Harbor Seawall, Guam.--The Secretary shall conduct a
study to determine the feasibility of undertaking measures to repair,
upgrade, and extend the seawall protecting Apra Harbor, Guam, and to
ensure continued access to the harbor via Route 11B.
(pp) Apra Harbor Fuel Piers, Guam.--The Secretary shall conduct a
study to determine the feasibility of undertaking measures to upgrade
the piers and fuel transmission lines at the fuel piers in the Apra
Harbor, Guam, and measures to provide for erosion control and
protection against storm damage.
(qq) Maintenance Dredging of Harbor Piers, Guam.--The Secretary
shall conduct a study to determine the feasibility of Federal
maintenance of areas adjacent to piers at harbors in Guam, including
Apra Harbor, Agat Harbor, and Agana Marina.
(rr) Alternative Water Sources Study.--
(1) In general.--The Administrator of the Environmental
Protection Agency shall conduct a study of the water supply
needs of States that are not currently eligible for assistance
under title XVI of the Reclamation Projects Authorization and
Adjustment Act of 1992 (43 U.S.C. 390h et seq.).
(2) Requirements.--The study shall--
(A) identify the water supply needs (including
potable, commercial, industrial, recreational and
agricultural needs) of each State described in
paragraph (1) through 2020, making use of such State,
regional, and local plans, studies, and reports as are available;
(B) evaluate the feasibility of various alternative
water source technologies such as reuse and reclamation
of wastewater and stormwater (including indirect
potable reuse), aquifer storage and recovery, and
desalination to meet the anticipated water supply needs
of the States; and
(C) assess how alternative water sources
technologies can be utilized to meet the identified
needs.
(3) Report.--The Administrator shall report to Congress on
the results of the study not more than 180 days after the date
of enactment of this Act.
SEC. 106. FLOOD HAZARD MITIGATION AND RIVERINE ECOSYSTEM RESTORATION
PROGRAM.
(a) In General.--
(1) Authorization.--The Secretary may carry out a program
to reduce flood hazards and restore the natural functions and
values of riverine ecosystems throughout the United States.
(2) Studies.--In carrying out the program, the Secretary
shall conduct studies to identify appropriate flood damage
reduction, conservation, and restoration measures and may
design and implement watershed management and restoration
projects.
(3) Participation.--The studies and projects carried out
under the program shall be conducted, to the extent
practicable, with the full participation of the appropriate
Federal agencies, including the Department of Agriculture, the
Federal Emergency Management Agency, the Department of the
Interior, the Environmental Protection Agency, and the
Department of Commerce.
(4) Nonstructural approaches.--The studies and projects
shall, to the extent practicable, emphasize nonstructural
approaches to preventing or reducing flood damages.
(b) Cost-Sharing Requirements.--
(1) Studies.--The cost of studies conducted under
subsection (a) shall be shared in accordance with section 105
of the Water Resources Development Act of 1986 (33 Stat. 2215).
(2) Projects.--The non-Federal interests shall pay 35
percent of the cost of any project carried out under this
section.
(3) In-kind contributions.--The non-Federal interests shall
provide all land, easements, rights-of-way, dredged material
disposal areas, and relocations necessary for the projects. The
value of the land, easements, rights-of-way, dredged material
disposal areas, and relocations shall be credited toward the
payment required under this subsection.
(4) Responsibilities of the non-federal interests.--The
non-Federal interests shall be responsible for all costs
associated with operating, maintaining, replacing, repairing,
and rehabilitating all projects carried out under this section.
(c) Project Justification.--
(1) In general.--The Secretary may implement a project
under this section if the Secretary determines that the
project--
(A) will significantly reduce potential flood
damages;
(B) will improve the quality of the environment;
and
(C) is justified considering all costs and
beneficial outputs of the project.
(2) Selection criteria; policies and procedures.--Not later
than 180 days after the date of enactment of this Act, the
Secretary shall--
(A) develop criteria for selecting and rating the
projects to be carried out as part of the program
authorized by this section; and
(B) establish policies and procedures for carrying
out the studies and projects undertaken under this
section.
(d) Reporting Requirement.--The Secretary may not implement a
project under this section until--
(1) the Secretary provides to the Committee on Environment
and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a written notification describing the project
and the determinations made under subsection (c); and
(2) a period of 21 calendar days has expired following the
date on which the notification was received by the Committees.
(e) Priority Areas.--In carrying out this section, the Secretary
shall examine the potential for flood damage reductions at appropriate
locations, including--
(1) Le May, Missouri;
(2) upper Delaware River basin, New York;
(3) Tillamook County, Oregon;
(4) Providence County, Rhode Island; and
(5) Willamette River basin, Oregon.
(f) Per-Project Limitation.--Not more than $25,000,000 in Army
Civil Works appropriations may be expended on any single project
undertaken under this section.
(g) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this section $75,000,000 for the period of fiscal
years 2000 and 2001.
(2) Program funding levels.--All studies and projects
undertaken under this authority from Army Civil Works
appropriations shall be fully funded within the program funding
levels provided in this subsection.
SEC. 107. SHORE PROTECTION.
Section 103(d) of the Water Resources Development Act of 1986 (33
U.S.C. 2213(d)) is amended--
(1) by striking ``Costs of constructing'' and inserting the
following:
``(1) Construction.--Costs of constructing''; and
(2) by adding at the end the following:
``(2) Periodic nourishment.--In the case of a project
authorized for construction after December 31, 1998, or for
which a feasibility study is completed after that date, the
non-Federal cost of the periodic nourishment of projects or
measures for shore protection or beach erosion control shall be
50 percent, except that--
``(A) all costs assigned to benefits to privately
owned shores (where use of such shores is limited to
private interests) or to prevention of losses of
private land shall be borne by non-Federal interests;
and
``(B) all costs assigned to the protection of
federally owned shores shall be borne by the United
States.''.
SEC. 108. SMALL FLOOD CONTROL AUTHORITY.
Section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s) is
amended--
(1) in the first sentence, by striking ``construction of
small projects'' and inserting ``implementation of small
structural and nonstructural projects''; and
(2) in the third sentence, by striking ``$5,000,000'' and
inserting ``$7,000,000''.
SEC. 109. USE OF NON-FEDERAL FUNDS FOR COMPILING AND DISSEMINATING
INFORMATION ON FLOODS AND FLOOD DAMAGES.
Section 206(b) of the Flood Control Act of 1960 (33 U.S.C. 709a(b))
is amended in the third sentence by inserting before the period at the
end the following: ``, but the Secretary of the Army may accept funds
voluntarily contributed by such entities for the purpose of expanding
the scope of the services requested by the entities''.
SEC. 110. EVERGLADES AND SOUTH FLORIDA ECOSYSTEM RESTORATION.
Subparagraphs (B) and (C)(i) of section 528(b)(3) of the Water
Resources Development Act of 1996 (110 Stat. 3769) are amended by
striking ``1999'' and inserting ``2000''.
SEC. 111. AQUATIC ECOSYSTEM RESTORATION.
Section 206(c) of the Water Resources Development Act of 1996 (33
U.S.C. 2330(c)) is amended--
(1) by striking ``Construction'' and inserting the
following:
``(1) In general.--Construction''; and
(2) by adding at the end the following:
``(2) Nonprofit entities.--Notwithstanding section 221 of
the Flood Control Act of 1970 (42 U.S.C. 1962d-5b), for any
project carried out under this section, a non-Federal interest
may include a nonprofit entity, with the consent of the
affected local government.''.
SEC. 112. BENEFICIAL USES OF DREDGED MATERIAL.
Section 204 of the Water Resources Development Act of 1992 (33
U.S.C. 2326) is amended by adding at the end the following:
``(g) Nonprofit Entities.--Notwithstanding section 221 of the Flood
Control Act of 1970 (42 U.S.C. 1962d-5b), for any project carried out
under this section, a non-Federal interest may include a nonprofit
entity, with the consent of the affected local government.''.
SEC. 113. VOLUNTARY CONTRIBUTIONS BY STATES AND POLITICAL SUBDIVISIONS.
Section 5 of the Act of June 22, 1936 (33 U.S.C. 701h), is amended
by inserting ``or environmental restoration'' after ``flood control''.
SEC. 114. RECREATION USER FEES.
(a) Withholding of Amounts.--
(1) In general.--During fiscal years 1999 through 2002, the
Secretary may withhold from the special account established
under section 4(i)(1)(A) of the Land and Water Conservation
Fund Act of 1965 (16 U.S.C. 460l-6a(i)(1)(A)) 100 percent of
the amount of receipts above a baseline of $34,000,000 per each
fiscal year received from fees imposed at recreation sites
under the administrative jurisdiction of the Department of the
Army under section 4(b) of that Act (16 U.S.C. 460l-6a(b)).
(2) Use.--The amounts withheld shall be retained by the
Secretary and shall be available, without further Act of
appropriation, for expenditure by the Secretary in accordance
with subsection (b).
(3) Availability.--The amounts withheld shall remain
available until September 30, 2005.
(b) Use of Amounts Withheld.--In order to increase the quality of
the visitor experience at public recreational areas and to enhance the
protection of resources, the amounts withheld under subsection (a) may
be used only for--
(1) repair and maintenance projects (including projects
relating to health and safety);
(2) interpretation;
(3) signage;
(4) habitat or facility enhancement;
(5) resource preservation;
(6) annual operation (including fee collection);
(7) maintenance; and
(8) law enforcement related to public use.
(c) Availability.--Each amount withheld by the Secretary shall be
available for expenditure, without further Act of appropriation, at the
specific project from which the amount, above baseline, is collected.
SEC. 115. WATER RESOURCES DEVELOPMENT STUDIES FOR THE PACIFIC REGION.
Section 444 of the Water Resources Development Act of 1996 (110
Stat. 3747) is amended by striking ``interest of navigation'' and
inserting ``interests of water resources development (including
navigation, flood damage reduction, and environmental restoration)''.
SEC. 116. MISSOURI AND MIDDLE MISSISSIPPI RIVERS ENHANCEMENT PROJECT.
(a) Definitions.--In this section:
(1) Middle mississippi river.--The term ``middle
Mississippi River'' means the reach of the Mississippi River
from the mouth of the Ohio River (river mile 0, upper
Mississippi River) to the mouth of the Missouri River (river
mile 195).
(2) Missouri river.--The term ``Missouri River'' means the
main stem and floodplain of the Missouri River (including
reservoirs) from its confluence with the Mississippi River at
St. Louis, Missouri, to its headwaters near Three Forks,
Montana.
(3) Project.--The term ``project'' means the project
authorized by this section.
(b) Protection and Enhancement Activities.--
(1) Plan.--
(A) Development.--Not later than 180 days after the
date of enactment of this Act, the Secretary shall
develop a plan for a project to protect and enhance
fish and wildlife habitat of the Missouri River and the
middle Mississippi River.
(B) Activities.--
(i) In general.--The plan shall provide for
such activities as are necessary to protect and
enhance fish and wildlife habitat without
adversely affecting--
(I) the water-related needs of the
region surrounding the Missouri River
and the middle Mississippi River,
including flood control, navigation,
recreation, and enhancement of water
supply; and
(II) private property rights.
(ii) Required activities.--The plan shall
include--
(I) modification and improvement of
navigation training structures to
protect and enhance fish and wildlife
habitat;
(II) modification and creation of
side channels to protect and enhance
fish and wildlife habitat;
(III) restoration and creation of
island fish and wildlife habitat;
(IV) creation of riverine fish and
wildlife habitat;
(V) establishment of criteria for
prioritizing the type and sequencing of
activities based on cost-effectiveness
and likelihood of success; and
(VI) physical and biological
monitoring for evaluating the success
of the project, to be performed by the
River Studies Center of the United
States Geological Survey in Columbia,
Missouri.
(2) Implementation of activities.--
(A) In general.--Using funds made available to
carry out this section, the Secretary shall carry out
the activities described in the plan.
(B) Use of existing authority for unconstructed
features of the project.--Using funds made available to
the Secretary under other law, the Secretary shall
design and construct any feature of the project that
may be carried out using the authority of the Secretary
to modify an authorized project, if the Secretary
determines that the design and construction will--
(i) accelerate the completion of activities
to protect and enhance fish and wildlife
habitat of the Missouri River or the middle
Mississippi River; and
(ii) be compatible with the project
purposes described in this section.
(c) Integration of Other Activities.--
(1) In general.--In carrying out the activities described
in subsection (b), the Secretary shall integrate the activities
with other Federal, State, and tribal activities.
(2) New authority.--Nothing in this section confers any new
regulatory authority on any Federal or non-Federal entity that
carries out any activity authorized by this section.
(d) Public Participation.--In developing and carrying out the plan
and the activities described in subsection (b), the Secretary shall
provide for public review and comment in accordance with applicable
Federal law, including--
(1) providing advance notice of meetings;
(2) providing adequate opportunity for public input and
comment;
(3) maintaining appropriate records; and
(4) compiling a record of the proceedings of meetings.
(e) Compliance With Applicable Law.--In carrying out the activities
described in subsections (b) and (c), the Secretary shall comply with
any applicable Federal law, including the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.).
(f) Cost Sharing.--
(1) Non-federal share.--The non-Federal share of the cost
of the project shall be 35 percent.
(2) Federal share.--The Federal share of the cost of any 1
activity described in subsection (b) shall not exceed
$5,000,000.
(3) Operation and maintenance.--The operation and
maintenance of the project shall be a non-Federal
responsibility.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to pay the Federal share of the cost of carrying out
activities under this section $30,000,000 for the period of fiscal
years 2000 and 2001.
SEC. 117. OUTER CONTINENTAL SHELF.
(a) Sand, Gravel, and Shell.--Section 8(k)(2)(B) of the Outer
Continental Shelf Lands Act (43 U.S.C. 1337(k)(2)(B)) is amended in the
second sentence by inserting before the period at the end the
following: ``or any other non-Federal interest subject to an agreement
entered into under section 221 of the Flood Control Act of 1970 (42
U.S.C. 1962d-5b)''.
(b) Reimbursement for Local Interests at Sandbridge Beach, Virginia
Beach, Virginia.--Any amounts paid by the non-Federal interests for
beach erosion control and hurricane protection, Sandbridge Beach,
Virginia Beach, Virginia, as a result of an assessment under section
8(k) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(k)) shall
be fully reimbursed.
SEC. 118. ENVIRONMENTAL DREDGING.
Section 312(f) of the Water Resources Development Act of 1990 (33
U.S.C. 1272(f)) is amended by adding at the end the following:
``(6) Snake Creek, Bixby, Oklahoma.''.
SEC. 119. BENEFIT OF PRIMARY FLOOD DAMAGES AVOIDED INCLUDED IN BENEFIT-
COST ANALYSIS.
Section 308 of the Water Resources Development Act of 1990 (33
U.S.C. 2318) is amended--
(1) in the heading of subsection (a), by striking
``Benefit-Cost Analysis'' and inserting ``Elements Excluded
From Cost-Benefit Analysis'';
(2) by redesignating subsections (b) through (e) as
subsections (c) through (f), respectively;
(3) by inserting after subsection (a) the following:
``(b) Elements Included in Cost-Benefit Analysis.--The Secretary
shall include primary flood damages avoided in the benefit base for
justifying Federal nonstructural flood damage reduction projects.'';
and
(4) in the first sentence of subsection (e) (as
redesignated by paragraph (2)), by striking ``(b)'' and
inserting ``(d)''.
SEC. 120. CONTROL OF AQUATIC PLANT GROWTH.
Section 104(a) of the River and Harbor Act of 1958 (33 U.S.C.
610(a)) is amended--
(1) by inserting ``Arundo dona,'' after ``water-
hyacinth,''; and
(2) by inserting ``tarmarix'' after ``melaleuca''.
SEC. 121. ENVIRONMENTAL INFRASTRUCTURE.
Section 219(c) of the Water Resources Development Act of 1992 (106
Stat. 4835) is amended by adding at the end the following:
``(19) Lake tahoe, california and nevada.--Regional water
system for Lake Tahoe, California and Nevada.
``(20) Lancaster, california.--Fox Field Industrial
Corridor water facilities, Lancaster, California.
``(21) San ramon, california.--San Ramon Valley recycled
water project, San Ramon, California.''.
SEC. 122. WATERSHED MANAGEMENT, RESTORATION, AND DEVELOPMENT.
Section 503 of the Water Resources Development Act of 1996 (110
Stat. 3756) is amended--
(1) in subsection (d)--
(A) by striking paragraph (10) and inserting the
following:
``(10) Regional Atlanta Watershed, Atlanta, Georgia, and
Lake Lanier of Forsyth and Hall Counties, Georgia.''; and
(B) by adding at the end the following:
``(14) Clear Lake watershed, California.
``(15) Fresno Slough watershed, California.
``(16) Hayward Marsh, Southern San Francisco Bay watershed,
California.
``(17) Kaweah River watershed, California.
``(18) Lake Tahoe watershed, California and Nevada.
``(19) Malibu Creek watershed, California.
``(20) Truckee River basin, Nevada.
``(21) Walker River basin, Nevada.
``(22) Bronx River watershed, New York.
``(23) Catawba River watershed, North Carolina.'';
(2) by redesignating subsection (e) as subsection (f); and
(3) by inserting after subsection (d) the following:
``(e) Nonprofit Entities.--Notwithstanding section 221(b) of the
Flood Control Act of 1970 (42 U.S.C. 1962d-5b(b)), for any project
undertaken under this section, with the consent of the affected local
government, a non-Federal interest may include a nonprofit entity.''.
SEC. 123. LAKES PROGRAM.
Section 602(a) of the Water Resources Development Act of 1986 (100
Stat. 4148) is amended--
(1) in paragraph (15), by striking ``and'' at the end;
(2) in paragraph (16), by striking the period at the end;
and
(3) by adding at the end the following:
``(17) Clear Lake, Lake County, California, removal of silt
and aquatic growth and development of a sustainable weed and
algae management program;
``(18) Flints Pond, Hollis, New Hampshire, removal of
excessive aquatic vegetation; and
``(19) Osgood Pond, Milford, New Hampshire, removal of
excessive aquatic vegetation.''.
SEC. 124. DREDGING OF SALT PONDS IN THE STATE OF RHODE ISLAND.
The Secretary may acquire for the State of Rhode Island a dredge
and associated equipment with the capacity to dredge approximately 100
cubic yards per hour for use by the State in dredging salt ponds in the
State.
SEC. 125. UPPER SUSQUEHANNA RIVER BASIN, PENNSYLVANIA AND NEW YORK.
Section 567(a) of the Water Resources Development Act of 1996 (110
Stat. 3787) is amended by adding at the end the following:
``(3) The Chemung River watershed, New York, at an
estimated Federal cost of $5,000,000.''.
SEC. 126. SMALL FLOOD CONTROL PROJECTS.
Section 102 of the Water Resources Development Act of 1996 (110
Stat. 3668) is amended--
(1) by redesignating paragraphs (15) through (22) as
paragraphs (16) through (23), respectively;
(2) by inserting after paragraph (14) the following:
``(15) Repaupo creek and delaware river, gloucester county,
new jersey.--Project for tidegate and levee improvements for
Repaupo Creek and the Delaware River, Gloucester County, New
Jersey.''; and
(3) by adding at the end the following:
``(24) Irondequoit creek, new york.--Project for flood
control, Irondequoit Creek watershed, New York.
``(25) Tioga county, pennsylvania.--Project for flood
control, Tioga River and Cowanesque River and their
tributaries, Tioga County, Pennsylvania.''.
SEC. 127. SMALL NAVIGATION PROJECTS.
Section 104 of the Water Resources Development Act of 1996 (110
Stat. 3669) is amended--
(1) by redesignating paragraphs (9) through (12) as
paragraphs (10) through (13), respectively; and
(2) by inserting after paragraph (8) the following:
``(9) Fortescue inlet, delaware bay, new jersey.--Project
for navigation for Fortescue Inlet, Delaware Bay, New
Jersey.''.
SEC. 128. STREAMBANK PROTECTION PROJECTS.
(a) Arctic Ocean, Barrow, Alaska.--The Secretary shall evaluate
and, if justified under section 14 of the Flood Control Act of 1946 (33
U.S.C. 701r), carry out storm damage reduction and coastal erosion
measures at the town of Barrow, Alaska.
(b) Saginaw River, Bay City, Michigan.--The Secretary may construct
appropriate control structures in areas along the Saginaw River in the
city of Bay City, Michigan, under authority of section 14 of the Flood
Control Act of 1946 (33 Stat. 701s).
(c) Yellowstone River, Billings, Montana.--The streambank
protection project at Coulson Park, along the Yellowstone River,
Billings, Montana, shall be eligible for assistance under section 14 of
the Flood Control Act of 1946 (33 U.S.C. 701r).
(d) Monongahela River, Point Marion, Pennsylvania.--The Secretary
shall evaluate and, if justified under section 14 of the Flood Control
Act of 1946 (33 U.S.C. 701r), carry out streambank erosion control
measures along the Monongahela River at the borough of Point Marion,
Pennsylvania.
SEC. 129. AQUATIC ECOSYSTEM RESTORATION, SPRINGFIELD, OREGON.
(a) In General.--Under section 1135 of the Water Resources
Development Act of 1990 (33 Stat. 2309a) or other applicable authority,
the Secretary shall conduct measures to address water quality, water
flows and fish habitat restoration in the historic Springfield, Oregon,
millrace through the reconfiguration of the existing millpond, if the
Secretary determines that harmful impacts have occurred as the result
of a previously constructed flood control project by the Corps of
Engineers.
(b) Non-Federal Share.--The non-Federal share, excluding lands,
easements, rights-of-way, dredged material disposal areas, and
relocations, shall be 25 percent.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $1,500,000.
SEC. 130. GUILFORD AND NEW HAVEN, CONNECTICUT.
The Secretary shall expeditiously complete the activities
authorized under section 346 of the Water Resources Development Act of
1992 (106 Stat. 4858), including activities associated with Sluice
Creek in Guilford, Connecticut, and Lighthouse Point Park in New Haven,
Connecticut.
SEC. 131. FRANCIS BLAND FLOODWAY DITCH.
(a) Redesignation.--The project for flood control, Eight Mile
Creek, Paragould, Arkansas, authorized by section 401(a) of the Water
Resources Development Act of 1986 (100 Stat. 4112) and known as ``Eight
Mile Creek, Paragould, Arkansas'', shall be known and designated as the
``Francis Bland Floodway Ditch''.
(b) Legal References.--Any reference in any law, map, regulation,
document, paper, or other record of the United States to the project
and creek referred to in subsection (a) shall be deemed to be a
reference to the Francis Bland Floodway Ditch.
SEC. 132. CALOOSAHATCHEE RIVER BASIN, FLORIDA.
Section 528(e)(4) of the Water Resources Development Act of 1996
(110 Stat. 3770) is amended in the first sentence by inserting before
the period at the end the following: ``, including potential land
acquisition in the Caloosahatchee River basin or other areas''.
SEC. 133. CUMBERLAND, MARYLAND, FLOOD PROJECT MITIGATION.
(a) In General.--The project for flood control and other purposes,
Cumberland, Maryland, authorized by section 5 of the Act of June 22,
1936 (commonly known as the ``Flood Control Act of 1936'') (49 Stat.
1574, chapter 688), is modified to authorize the Secretary to
undertake, as a separate part of the project, restoration of the
historic Chesapeake and Ohio Canal substantially in accordance with the
Chesapeake and Ohio Canal National Historic Park, Cumberland, Maryland,
Rewatering Design Analysis, dated February 1998, at a total cost of
$15,000,000, with an estimated Federal cost of $9,750,000 and an
estimated non-Federal cost of $5,250,000.
(b) In-Kind Services.--The non-Federal interest for the restoration
project under subsection (a)--
(1) may provide all or a portion of the non-Federal share
of project costs in the form of in-kind services; and
(2) shall receive credit toward the non-Federal share of
project costs for design and construction work performed by the
non-Federal interest before execution of a project cooperation
agreement and for land, easements, and rights-of-way required
for the restoration and acquired by the non-Federal interest
before execution of such an agreement.
(c) Operation and Maintenance.--The operation and maintenance of
the restoration project under subsection (a) shall be the full
responsibility of the National Park Service.
SEC. 134. SEDIMENTS DECONTAMINATION POLICY.
Section 405 of the Water Resources Development Act of 1992 (33
U.S.C. 2239 note; Public Law 102-580) is amended--
(1) in subsection (a), by adding at the end the following:
``(4) Practical end-use products.--Technologies selected
for demonstration at the pilot scale shall result in practical
end-use products.
``(5) Assistance by the secretary.--The Secretary shall
assist the project to ensure expeditious completion by
providing sufficient quantities of contaminated dredged
material to conduct the full-scale demonstrations to stated
capacity.''; and
(2) in subsection (c), by striking the first sentence and
inserting the following: ``There is authorized to be
appropriated to carry out this section a total of $22,000,000
to complete technology testing, technology commercialization,
and the development of full scale processing facilities within
the New York/New Jersey Harbor.''.
SEC. 135. CITY OF MIAMI BEACH, FLORIDA.
Section 5(b)(3)(C)(i) of the Act of August 13, 1946 (33 U.S.C.
426h), is amended by inserting before the semicolon the following: ``,
including the city of Miami Beach, Florida''.
SEC. 136. SMALL STORM DAMAGE REDUCTION PROJECTS.
Section 3 of the Act of August 13, 1946 (33 U.S.C. 426g), is
amended by striking ``$2,000,000'' and inserting ``$3,000,000''.
SEC. 137. SARDIS RESERVOIR, OKLAHOMA.
(a) In General.--The Secretary shall accept from the State of
Oklahoma or an agent of the State an amount, as determined under
subsection (b), as prepayment of 100 percent of the water supply cost
obligation of the State under Contract No. DACW56-74-JC-0314 for water
supply storage at Sardis Reservoir, Oklahoma.
(b) Determination of Amount.--The amount to be paid by the State of
Oklahoma under subsection (a) shall be subject to adjustment in
accordance with accepted discount purchase methods for Government
properties as determined by an independent accounting firm designated
by the Director of the Office of Management and Budget.
(c) Effect.--Nothing in this section shall otherwise affect any of
the rights or obligations of the parties to the contract referred to in
subsection (a).
SEC. 138. UPPER MISSISSIPPI RIVER AND ILLINOIS WATERWAY SYSTEM
NAVIGATION MODERNIZATION.
(a) Findings.--Congress finds that--
(1) exports are necessary to ensure job creation and an
improved standard of living for the people of the United
States;
(2) the ability of producers of goods in the United States
to compete in the international marketplace depends on a modern
and efficient transportation network;
(3) a modern and efficient waterway system is a
transportation option necessary to provide United States
shippers a safe, reliable, and competitive means to win foreign markets
in an increasingly competitive international marketplace;
(4) the need to modernize is heightened because the United
States is at risk of losing its competitive edge as a result of
the priority that foreign competitors are placing on
modernizing their own waterway systems;
(5) growing export demand projected over the coming decades
will force greater demands on the waterway system of the United
States and increase the cost to the economy if the system
proves inadequate to satisfy growing export opportunities;
(6) the locks and dams on the upper Mississippi River and
Illinois River waterway system were built in the 1930s and have
some of the highest average delays to commercial tows in the
country;
(7) inland barges carry freight at the lowest unit cost
while offering an alternative to truck and rail transportation
that is environmentally sound, is energy efficient, is safe,
causes little congestion, produces little air or noise
pollution, and has minimal social impact; and
(8) it should be the policy of the Corps of Engineers to
pursue aggressively modernization of the waterway system
authorized by Congress to promote the relative competitive
position of the United States in the international marketplace.
(b) Preconstruction Engineering and Design.--In accordance with the
Upper Mississippi River-Illinois Waterway System Navigation Study, the
Secretary shall proceed immediately to prepare engineering design,
plans, and specifications for extension of locks 20, 21, 22, 24, 25 on
the Mississippi River and the LaGrange and Peoria Locks on the Illinois
River, to provide lock chambers 110 feet in width and 1,200 feet in
length, so that construction can proceed immediately upon completion of
studies and authorization of projects by Congress.
SEC. 139. DISPOSAL OF DREDGED MATERIAL ON BEACHES.
Section 145 of the Water Resources Development Act of 1976 (33
U.S.C. 426j) is amended in the first sentence by striking ``50'' and
inserting ``35''.
SEC. 140. FISH AND WILDLIFE MITIGATION.
Section 906(e) of the Water Resources Development Act of 1986 (33
U.S.C. 2283(e)) is amended by inserting after the second sentence the
following: ``Not more than 80 percent of the non-Federal share of such
first costs may be in kind, including a facility, supply, or service
that is necessary to carry out the enhancement project.''.
SEC. 141. UPPER MISSISSIPPI RIVER MANAGEMENT.
Section 1103 of the Water Resources Development Act of 1986 (33
U.S.C. 652) is amended--
(1) in subsection (e)--
(A) by striking ``(e)'' and all that follows
through the end of paragraph (2) and inserting the
following:
``(e) Undertakings.--
``(1) In general.--
``(A) Authority.--The Secretary, in consultation
with the Secretary of the Interior and the States of
Illinois, Iowa, Minnesota, Missouri, and Wisconsin, is
authorized to undertake--
``(i) a program for the planning,
construction, and evaluation of measures for
fish and wildlife habitat rehabilitation and
enhancement; and
``(ii) implementation of a program of long-
term resource monitoring, computerized data
inventory and analysis, and applied research.
``(B) Requirements for projects.--Each project
carried out under subparagraph (A)(i) shall--
``(i) to the maximum extent practicable,
simulate natural river processes;
``(ii) include an outreach and education
component; and
``(iii) on completion of the assessment
under subparagraph (D), address identified
habitat and natural resource needs.
``(C) Advisory committee.--In carrying out
subparagraph (A), the Secretary shall create an
independent technical advisory committee to review
projects, monitoring plans, and habitat and natural
resource needs assessments.
``(D) Habitat and natural resource needs
assessment.--
``(i) Authority.--The Secretary is
authorized to undertake a systemic, river
reach, and pool scale assessment of habitat and
natural resource needs to serve as a blueprint
to guide habitat rehabilitation and long-term
resource monitoring.
``(ii) Data.--The habitat and natural
resource needs assessment shall, to the maximum
extent practicable, use data in existence at
the time of the assessment.
``(iii) Timing.--The Secretary shall
complete a habitat and natural resource needs
assessment not later than 3 years after the
date of enactment of this subparagraph.
``(2) Reports.--On December 31, 2005, in consultation with
the Secretary of the Interior and the States of Illinois, Iowa,
Minnesota, Missouri, and Wisconsin, the Secretary shall prepare
and submit to Congress a report that--
``(A) contains an evaluation of the programs
described in paragraph (1);
``(B) describes the accomplishments of each
program;
``(C) includes results of a habitat and natural
resource needs assessment; and
``(D) identifies any needed adjustments in the
authorization under paragraph (1) or the authorized
appropriations under paragraphs (3), (4), and (5).'';
(B) in paragraph (3)--
(i) by striking ``paragraph (1)(A)'' and
inserting ``paragraph (1)(A)(i)''; and
(ii) by striking ``Secretary not to
exceed'' and all that follows and inserting
``Secretary not to exceed $22,750,000 for each
of fiscal years 1999 through 2009.'';
(C) in paragraph (4)--
(i) by striking ``paragraph (1)(B)'' and
inserting ``paragraph (1)(A)(ii)''; and
(ii) by striking ``$7,680,000'' and all
that follows and inserting ``$10,420,000 for
each of fiscal years 1999 through 2009.'';
(D) by striking paragraphs (5) and (6) and
inserting the following:
``(5) Authorization of appropriations.--There is authorized
to be appropriated to carry out paragraph (1)(C) not to exceed
$350,000 for each of fiscal years 1999 through 2009.
``(6) Transfer of amounts.--
``(A) In general.--For each fiscal year beginning
after September 30, 1992, the Secretary, in
consultation with the Secretary of the Interior and the
States of Illinois, Iowa, Minnesota, Missouri, and
Wisconsin, may transfer appropriated amounts between
the programs under clauses (i) and (ii) of paragraph
(1)(A) and paragraph (1)(C).
``(B) Apportionment of costs.--In carrying out
paragraph (1)(D), the Secretary may apportion the costs
equally between the programs authorized by paragraph
(1)(A).''; and
(E) in paragraph (7)--
(i) in subparagraph (A)--
(I) by inserting ``(i)'' after
``paragraph (1)(A)''; and
(II) by inserting before the period
at the end the following: ``and, in the
case of any project requiring non-
Federal cost sharing, the non-Federal
share of the cost of the project shall
be 35 percent''; and
(ii) in subparagraph (B), by striking
``paragraphs (1)(B) and (1)(C) of this
subsection'' and inserting ``paragraph
(1)(A)(ii)'';
(2) in subsection (f)(2)--
(A) in subparagraph (A), by striking ``(A)''; and
(B) by striking subparagraph (B); and
(3) by adding at the end the following:
``(k) St. Louis Area Urban Wildlife Habitat.--The Secretary shall
investigate and, if appropriate, carry out restoration of urban
wildlife habitat, with a special emphasis on the establishment of
greenways in the St. Louis, Missouri, area and surrounding
communities.''.
SEC. 142. REIMBURSEMENT OF NON-FEDERAL INTEREST.
Section 211(e)(2)(A) of the Water Resources Development Act of 1996
(33 U.S.C. 701b-13(e)(2)(A)) is amended by striking ``subject to
amounts being made available in advance in appropriations Acts'' and
inserting ``subject to the availability of appropriations''.
SEC. 143. RESEARCH AND DEVELOPMENT PROGRAM FOR COLUMBIA AND SNAKE
RIVERS SALMON SURVIVAL.
Section 511 of the Water Resources Development Act of 1996 (16
U.S.C. 3301 note; Public Law 104-303) is amended by striking subsection
(a) and all that follows and inserting the following:
``(a) Salmon Survival Activities.--
``(1) In general.--In conjunction with the Secretary of
Commerce and Secretary of the Interior, the Secretary shall
accelerate ongoing research and development activities, and may
carry out or participate in additional research and development
activities, for the purpose of developing innovative methods
and technologies for improving the survival of salmon,
especially salmon in the Columbia/Snake River Basin.
``(2) Accelerated activities.--Accelerated research and
development activities referred to in paragraph (1) may include
research and development related to--
``(A) impacts from water resources projects and
other impacts on salmon life cycles;
``(B) juvenile and adult salmon passage;
``(C) light and sound guidance systems;
``(D) surface-oriented collector systems;
``(E) transportation mechanisms; and
``(F) dissolved gas monitoring and abatement.
``(3) Additional activities.--Additional research and
development activities referred to in paragraph (1) may include
research and development related to--
``(A) studies of juvenile salmon survival in
spawning and rearing areas;
``(B) estuary and near-ocean juvenile and adult
salmon survival;
``(C) impacts on salmon life cycles from sources
other than water resources projects;
``(D) cryopreservation of fish gametes and
formation of a germ plasm repository for threatened and
endangered populations of native fish; and
``(E) other innovative technologies and actions
intended to improve fish survival, including the
survival of resident fish.
``(4) Coordination.--The Secretary shall coordinate any
activities carried out under this subsection with appropriate
Federal, State, and local agencies, affected Indian tribes, and
the Northwest Power Planning Council.
``(5) Report.--Not later than 3 years after the date of
enactment of this section, the Secretary shall submit to
Congress a report on the research and development activities
carried out under this subsection, including any
recommendations of the Secretary concerning the research and
development activities.
``(6) Authorization of appropriations.--There is authorized
to be appropriated $10,000,000 to carry out research and
development activities under paragraph (3).
``(b) Advanced Turbine Development.--
``(1) In general.--In conjunction with the Secretary of
Energy, the Secretary shall accelerate efforts toward
developing and installing in Corps of Engineers-operated dams
innovative, efficient, and environmentally safe hydropower
turbines, including design of fish-friendly turbines, for use
on the Columbia/Snake River hydrosystem.
``(2) Authorization of appropriations.--There is authorized
to be appropriated $35,000,000 to carry out this subsection.
``(c) Management of Predation on Columbia/Snake River System Native
Fishes.--
``(1) Nesting avian predators.--In conjunction with the
Secretary of Commerce and the Secretary of the Interior, and
consistent with a management plan to be developed by the United
States Fish and Wildlife Service, the Secretary shall carry out
methods to reduce nesting populations of avian predators on
dredge spoil islands in the Columbia River under the
jurisdiction of the Secretary.
``(2) Authorization of appropriations.--There is authorized
to be appropriated $1,000,000 to carry out research and
development activities under this subsection.
``(d) Implementation.--Nothing in this section affects the
authority of the Secretary to implement the results of the research and
development carried out under this section or any other law.''.
SEC. 144. NINE MILE RUN HABITAT RESTORATION, PENNSYLVANIA.
The Secretary may credit against the non-Federal share such costs
as are incurred by the non-Federal interests in preparing environmental
and other preconstruction documentation for the habitat restoration
project, Nine Mile Run, Pennsylvania, if the Secretary determines that
the documentation is integral to the project.
SEC. 145. SHORE DAMAGE PREVENTION OR MITIGATION.
Section 111 of the River and Harbor Act of 1968 (33 U.S.C. 426(i))
is amended--
(1) in the first sentence, by striking ``The Secretary''
and inserting ``(a) In General.--The Secretary'';
(2) in the second sentence, by striking ``The costs'' and
inserting the following:
``(b) Cost Sharing.--The costs'';
(3) in the third sentence--
(A) by striking ``No such'' and inserting the
following:
``(c) Requirement for Specific Authorization.--No such''; and
(B) by striking ``$2,000,000'' and inserting
``$5,000,000''; and
(4) by adding at the end the following:
``(d) Coordination.--The Secretary shall--
``(1) coordinate the implementation of the measures under
this section with other Federal and non-Federal shore
protection projects in the same geographic area; and
``(2) to the extent practicable, combine mitigation
projects with other shore protection projects in the same area
into a comprehensive regional project.''.
SEC. 146. LARKSPUR FERRY CHANNEL, CALIFORNIA.
The Secretary shall work with the Secretary of Transportation on a
proposed solution to carry out the project to maintain the Larkspur
Ferry Channel, Larkspur, California, authorized by section 601(d) of
the Water Resources Development Act of 1986 (100 Stat. 4148).
SEC. 147. COMPREHENSIVE FLOOD IMPACT-RESPONSE MODELING SYSTEM.
(a) In General.--The Secretary may study and implement a
Comprehensive Flood Impact-Response Modeling System for the Coralville
Reservoir and the Iowa River watershed, Iowa.
(b) Study.--The study shall include--
(1) an evaluation of the combined hydrologic, geomorphic,
environmental, economic, social, and recreational impacts of
operating strategies within the watershed;
(2) creation of an integrated, dynamic flood impact model;
and
(3) the development of a rapid response system to be used
during flood and emergency situations.
(c) Report to Congress.--Not later than 5 years after the date of
enactment of this Act, the Secretary shall transmit a report to
Congress on the results of the study and modeling system and such
recommendations as the Secretary determines to be appropriate.
(d) Authorization of Appropriations.--There is authorized to be
appropriated a total of $2,250,000 to carry out this section.
SEC. 148. STUDY REGARDING INNOVATIVE FINANCING FOR SMALL AND MEDIUM-
SIZED PORTS.
(a) Study.--The Comptroller General of the United States shall
conduct a study and analysis of various alternatives for innovative
financing of future construction, operation, and maintenance of
projects in small and medium-sized ports.
(b) Report.--Not later than 270 days after the date of enactment of
this Act, the Comptroller General shall submit to the Committee on
Environment and Public Works of the Senate and Committee on
Transportation and Infrastructure of the House of Representatives and
the results of the study and any related legislative recommendations
for consideration by Congress.
SEC. 149. CANDY LAKE PROJECT, OSAGE COUNTY, OKLAHOMA.
(a) Definitions.--In this section:
(1) Fair market value.--The term ``fair market value''
means the amount for which a willing buyer would purchase and a
willing seller would sell a parcel of land, as determined by a
qualified, independent land appraiser.
(2) Previous owner of land.--The term ``previous owner of
land'' means a person (including a corporation) that conveyed,
or a descendant of a deceased individual who conveyed, land to
the Army Corps of Engineers for use in the Candy Lake project
in Osage County, Oklahoma.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Army.
(b) Land Conveyances.--
(1) In general.--The Secretary shall convey, in accordance
with this section, all right, title, and interest of the United
States in and to the land acquired by the United States for the
Candy Lake project in Osage County, Oklahoma.
(2) Previous owners of land.--
(A) In general.--The Secretary shall give a
previous owner of land first option to purchase the
land described in paragraph (1).
(B) Application.--
(i) In general.--A previous owner of land
that desires to purchase the land described in
paragraph (1) that was owned by the previous
owner of land, or by the individual from whom
the previous owner of land is descended, shall
file an application to purchase the land with
the Secretary not later than 180 days after the
official date of notice to the previous owner
of land under subsection (c).
(ii) First to file has first option.--If
more than 1 application is filed for a parcel
of land described in paragraph (1), first
options to purchase the parcel of land shall be
allotted in the order in which applications for
the parcel of land were filed.
(C) Identification of previous owners of land.--As
soon as practicable after the date of enactment of this
Act, the Secretary shall, to the extent practicable,
identify each previous owner of land.
(D) Consideration.--Consideration for land conveyed
under this subsection shall be the fair market value of
the land.
(3) Disposal.--Any land described in paragraph (1) for
which an application has not been filed under paragraph (2)(B)
within the applicable time period shall be disposed of in
accordance with law.
(4) Extinguishment of Easements.--All flowage easements
acquired by the United States for use in the Candy Lake project
in Osage County, Oklahoma, are extinguished.
(c) Notice.--
(1) In general.--The Secretary shall notify--
(A) each person identified as a previous owner of
land under subsection (b)(2)(C), not later than 90 days
after identification, by United States mail; and
(B) the general public, not later than 90 days
after the date of enactment of this Act, by publication
in the Federal Register.
(2) Contents of notice.--Notice under this subsection shall
include--
(A) a copy of this section;
(B) information sufficient to separately identify
each parcel of land subject to this section; and
(C) specification of the fair market value of each
parcel of land subject to this section.
(3) Official date of notice.--The official date of notice
under this subsection shall be the later of--
(A) the date on which actual notice is mailed; or
(B) the date of publication of the notice in the
Federal Register.
SEC. 150. SALCHA RIVER AND PILEDRIVER SLOUGH, FAIRBANKS, ALASKA.
The Secretary shall evaluate and, if justified under section 205 of
the Flood Control Act of 1948 (33 U.S.C. 701s), carry out flood damage
reduction measures along the lower Salcha River and on Piledriver
Slough, from its headwaters at the mouth of the Salcha River to the
Chena Lakes Flood Control Project, in the vicinity of Fairbanks,
Alaska, to protect against surface water flooding.
SEC. 151. EYAK RIVER, CORDOVA, ALASKA.
The Secretary shall evaluate and, if justified under section 205 of
the Flood Control Act of 1948 (33 U.S.C. 701s), carry out flood damage
reduction measures along the Eyak River at the town of Cordova, Alaska.
SEC. 152. NORTH PADRE ISLAND STORM DAMAGE REDUCTION AND ENVIRONMENTAL
RESTORATION PROJECT.
The Secretary shall carry out a project for ecosystem restoration
and storm damage reduction at North Padre Island, Corpus Christi Bay,
Texas, at a total estimated cost of $30,000,000, with an estimated
Federal cost of $19,500,000 and an estimated non-Federal cost of
$10,500,000, if the Secretary finds that the work is technically sound,
environmentally acceptable, and economically justified.
SEC. 153. KANOPOLIS LAKE, KANSAS.
(a) Water Supply.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary, in cooperation with the
State of Kansas or another non-Federal interest, shall complete
a water supply reallocation study at the project for flood
control, Kanopolis Lake, Kansas, as a basis on which the
Secretary shall enter into negotiations with the State of
Kansas or another non-Federal interest for the terms and
conditions of a reallocation of the water supply.
(2) Options.--The negotiations for storage reallocation
shall include the following options for evaluation by all
parties:
(A) Financial terms of storage reallocation.
(B) Protection of future Federal water releases
from Kanopolis Dam, consistent with State water law, to
ensure that the benefits expected from releases are
provided.
(C) Potential establishment of a water assurance
district consistent with other such districts
established by the State of Kansas.
(D) Protection of existing project purposes at
Kanopolis Dam to include flood control, recreation, and
fish and wildlife.
(b) In-Kind Credit.--
(1) In general.--The Secretary may negotiate a credit for a
portion of the financial repayment to the Federal Government
for work performed by the State of Kansas, or another non-
Federal interest, on land adjacent or in close proximity to the
project, if the work provides a benefit to the project.
(2) Work included.--The work for which credit may be
granted may include watershed protection and enhancement,
including wetland construction and ecosystem restoration.
SEC. 154. NEW YORK CITY WATERSHED.
Section 552(d) of the Water Resources Development Act of 1996 (110
Stat. 3780) is amended by striking ``for the project to be carried out
with such assistance'' and inserting ``, or a public entity designated
by the State director, to carry out the project with such assistance,
subject to the project's meeting the certification requirement of
subsection (c)(1)''.
SEC. 155. CITY OF CHARLEVOIX REIMBURSEMENT, MICHIGAN.
The Secretary shall review and, if consistent with authorized
project purposes, reimburse the city of Charlevoix, Michigan, for the
Federal share of costs associated with construction of the new
revetment connection to the Federal navigation project at Charlevoix
Harbor, Michigan.
SEC. 156. HAMILTON DAM FLOOD CONTROL PROJECT, MICHIGAN.
The Secretary may construct the Hamilton Dam flood control project,
Michigan, under authority of section 205 of the Flood Control Act of
1948 (33 U.S.C. 701s).
SEC. 157. NATIONAL CONTAMINATED SEDIMENT TASK FORCE.
(a) Definition of Task Force.--In this section, the term ``Task
Force'' means the National Contaminated Sediment Task Force established
by section 502 of the National Contaminated Sediment Assessment and
Management Act (33 U.S.C. 1271 note; Public Law 102-580).
(b) Convening.--The Secretary and the Administrator shall convene
the Task Force not later than 90 days after the date of enactment of
this Act.
(c) Reporting on Remedial Action.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Task Force shall submit to Congress
a report on the status of remedial actions at aquatic sites in
the areas described in paragraph (2).
(2) Areas.--The report under paragraph (1) shall address
remedial actions in--
(A) areas of probable concern identified in the
survey of data regarding aquatic sediment quality
required by section 503(a) of the National Contaminated
Sediment Assessment and Management Act (33 U.S.C.
1271);
(B) areas of concern within the Great Lakes, as
identified under section 118(f) of the Federal Water
Pollution Control Act (33 U.S.C. 1268(f));
(C) estuaries of national significance identified
under section 320 of the Federal Water Pollution
Control Act (33 U.S.C. 1330);
(D) areas for which remedial action has been
authorized under any of the Water Resources Development
Acts; and
(E) as appropriate, any other areas where sediment
contamination is identified by the Task Force.
(3) Activities.--Remedial actions subject to reporting
under this subsection include remedial actions under--
(A) the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601
et seq.) or other Federal or State law containing
environmental remediation authority;
(B) any of the Water Resources Development Acts;
(C) section 404 of the Federal Water Pollution
Control Act (33 U.S.C. 1344); or
(D) section 10 of the Act of March 3, 1899 (30
Stat. 1151, chapter 425).
(4) Contents.--The report under paragraph (1) shall
provide, with respect to each remedial action described in the
report, a description of--
(A) the authorities and sources of funding for
conducting the remedial action;
(B) the nature and sources of the sediment
contamination, including volume and concentration,
where appropriate;
(C) the testing conducted to determine the nature
and extent of sediment contamination and to determine
whether the remedial action is necessary;
(D) the action levels or other factors used to
determine that the remedial action is necessary;
(E) the nature of the remedial action planned or
undertaken, including the levels of protection of
public health and the environment to be achieved by the
remedial action;
(F) the ultimate disposition of any material
dredged as part of the remedial action;
(G) the status of projects and the obstacles or
barriers to prompt conduct of the remedial action; and
(H) contacts and sources of further information
concerning the remedial action.
SEC. 158. GREAT LAKES BASIN PROGRAM.
(a) Strategic Plans.--
(1) In general.--Not later than 18 months after the date of
enactment of this Act, and every 2 years thereafter, the
Secretary shall report to Congress on a plan for programs of
the Army Corps of Engineers in the Great Lakes basin.
(2) Contents.--The plan shall include details of the
projected environmental and navigational projects in the Great
Lakes basin, including--
(A) navigational maintenance and operations for
commercial and recreational vessels;
(B) environmental restoration activities;
(C) water level maintenance activities;
(D) technical and planning assistance to States and
remedial action planning committees;
(E) sediment transport analysis, sediment
management planning, and activities to support
prevention of excess sediment loadings;
(F) flood damage reduction and shoreline erosion
prevention;
(G) all other activities of the Army Corps of
Engineers; and
(H) an analysis of factors limiting use of programs
and authorities of the Army Corps of Engineers in
existence on the date of enactment of this Act in the
Great Lakes basin, including the need for new or
modified authorities.
(b) Great Lakes Biohydrological Information.--
(1) Inventory.--
(A) In general.--Not later than 90 days after the
date of enactment of this Act, the Secretary shall
request each Federal agency that may possess
information relevant to the Great Lakes biohydrological
system to provide an inventory of all such information
in the possession of the agency.
(B) Relevant information.--For the purpose of
subparagraph (A), relevant information includes
information on--
(i) ground and surface water hydrology;
(ii) natural and altered tributary
dynamics;
(iii) biological aspects of the system
influenced by and influencing water quantity
and water movement;
(iv) meteorological projections and weather
impacts on Great Lakes water levels; and
(v) other Great Lakes biohydrological
system data relevant to sustainable water use
management.
(2) Report.--
(A) In general.--Not later than 18 months after the
date of enactment of this Act, the Secretary, in
consultation with the States, Indian tribes, and
Federal agencies, and after requesting information from
the provinces and the federal government of Canada,
shall--
(i) compile the inventories of information;
(ii) analyze the information for
consistency and gaps; and
(iii) submit to Congress, the International
Joint Commission, and the Great Lakes States a
report that includes recommendations on ways to
improve the information base on the
biohydrological dynamics of the Great Lakes
ecosystem as a whole, so as to support
environmentally sound decisions regarding
diversions and consumptive uses of Great Lakes
water.
(B) Recommendations.--The recommendations in the
report under subparagraph (A) shall include
recommendations relating to the resources and funds
necessary for implementing improvement of the
information base.
(C) Considerations.--In developing the report under
subparagraph (A), the Secretary, in cooperation with
the Secretary of State, the Secretary of
Transportation, and other relevant agencies as
appropriate, shall consider and report on the status of
the issues described and recommendations made in--
(i) the Report of the International Joint
Commission to the Governments of the United
States and Canada under the 1977 reference
issued in 1985; and
(ii) the 1993 Report of the International
Joint Commission to the Governments of Canada
and the United States on Methods of Alleviating
Adverse Consequences of Fluctuating Water
Levels in the Great Lakes St. Lawrence Basin.
(c) Great Lakes Recreational Boating.--Not later than 18 months
after the date of enactment of this Act, the Secretary shall, using
information and studies in existence on the date of enactment of this
Act to the maximum extent practicable, and in cooperation with the
Great Lakes States, submit to Congress a report detailing the economic
benefits of recreational boating in the Great Lakes basin, particularly
at harbors benefiting from operation and maintenance projects of the
Army Corps of Engineers.
(d) Cooperation.--In undertaking activities under this section, the
Secretary shall--
(1) encourage public participation; and
(2) cooperate, and, as appropriate, collaborate, with Great
Lakes States, tribal governments, and Canadian federal,
provincial, tribal governments.
(e) Water Use Activities and Policies.--The Secretary may provide
technical assistance to the Great Lakes States to develop interstate
guidelines to improve the consistency and efficiency of State-level
water use activities and policies in the Great Lakes basin.
(f) Cost Sharing.--The Secretary may seek and accept funds from
non-Federal entities to be used to pay up to 25 percent of the cost of
carrying out subsections (b), (c), (d), and (e).
SEC. 159. PROJECTS FOR IMPROVEMENT OF THE ENVIRONMENT.
Section 1135(c) of the Water Resources Development Act of 1986 (33
U.S.C. 2309a(c)) is amended--
(1) by striking ``If the Secretary'' and inserting the
following:
``(1) In general.--If the Secretary''; and
(2) by adding at the end the following:
``(2) Control of sea lamprey.--Congress finds that--
``(A) the Great Lakes navigation system has been
instrumental in the spread of sea lamprey and the
associated impacts to its fishery; and
``(B) the use of the authority under this
subsection for control of sea lamprey at any Great
Lakes basin location is appropriate.''.
SEC. 160. WATER QUALITY, ENVIRONMENTAL QUALITY, RECREATION, FISH AND
WILDLIFE, FLOOD CONTROL, AND NAVIGATION.
(a) In General.--The Secretary may investigate, study, evaluate,
and report on--
(1) water quality, environmental quality, recreation, fish
and wildlife, flood control, and navigation in the western Lake
Erie watershed, including the watersheds of the Maumee River,
Ottawa River, and Portage River in the States of Indiana, Ohio,
and Michigan; and
(2) measures to improve water quality, environmental
quality, recreation, fish and wildlife, flood control, and
navigation in the western Lake Erie basin.
(b) Cooperation.--In carrying out studies and investigations under
subsection (a), the Secretary shall cooperate with Federal, State, and
local agencies and nongovernmental organizations to ensure full
consideration of all views and requirements of all interrelated
programs that those agencies may develop independently or in
coordination with the Army Corps of Engineers.
SEC. 161. IRRIGATION DIVERSION PROTECTION AND FISHERIES ENHANCEMENT
ASSISTANCE.
The Secretary may provide technical planning and design assistance
to non-Federal interests and may conduct other site-specific studies to
formulate and evaluate fish screens, fish passages devices, and other
measures to decrease the incidence of juvenile and adult fish
inadvertently entering into irrigation systems. Measures shall be
developed in cooperation with Federal and State resource agencies and
not impair the continued withdrawal of water for irrigation purposes.
In providing such assistance priority shall be given based on the
objectives of the Endangered Species Act, cost-effectiveness, and the
potential for reducing fish mortality. Non-Federal interests shall
agree by contract to contribute 50 percent of the cost of such
assistance. Not more than one-half of such non-Federal contribution may
be made by the provision of services, materials, supplies, or other in-
kind services. No construction activities are authorized by this
section. Not later than 2 years after the date of enactment of this
section, the Secretary shall report to Congress on fish mortality
caused by irrigation water intake devices, appropriate measures to
reduce mortality, the extent to which such measures are currently being
employed in the arid States, the construction costs associated with
such measures, and the appropriate Federal role, if any, to encourage
the use of such measures.
TITLE II--CHEYENNE RIVER SIOUX TRIBE, LOWER BRULE SIOUX TRIBE, AND
STATE OF SOUTH DAKOTA TERRESTRIAL WILDLIFE HABITAT RESTORATION
SEC. 201. DEFINITIONS.
In this title:
(1) Restoration.--The term ``restoration'' means mitigation
of the habitat of wildlife.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Army.
(3) Terrestrial wildlife habitat.--The term ``terrestrial
wildlife habitat'' means a habitat for a wildlife species
(including game and nongame species) that existed or exists on
an upland habitat (including a prairie grassland, woodland,
bottom land forest, scrub, or shrub) or an emergent wetland
habitat.
(4) Wildlife.--The term ``wildlife'' has the meaning given
the term in section 8 of the Fish and Wildlife Coordination Act
(16 U.S.C. 666b).
SEC. 202. TERRESTRIAL WILDLIFE HABITAT RESTORATION.
(a) Terrestrial Wildlife Habitat Restoration Plans.--
(1) In general.--In accordance with this subsection and in
consultation with the Secretary and the Secretary of the
Interior, the State of South Dakota, the Cheyenne River Sioux
Tribe, and the Lower Brule Sioux Tribe shall, as a condition of
the receipt of funds under this title, each develop a plan for
the restoration of terrestrial wildlife habitat loss that
occurred as a result of flooding related to the Big Bend and
Oahe projects carried out as part of the Pick-Sloan Missouri
River Basin program.
(2) Submission of plan to secretary.--On completion of a
plan for terrestrial wildlife habitat restoration, the State of
South Dakota, the Cheyenne River Sioux Tribe, and the Lower
Brule Sioux Tribe shall submit the plan to the Secretary.
(3) Review by secretary and submission to committees.--The
Secretary shall review the plan and submit the plan, with any
comments, to the appropriate committees of the Senate and the
House of Representatives.
(4) Funding for carrying out plans.--
(A) State of south dakota.--
(i) Notification.--On receipt of the plan
for terrestrial wildlife habitat restoration
submitted by the State of South Dakota, each of
the Committees referred to in paragraph (3)
shall notify the Secretary of the Treasury of
the receipt of the plan.
(ii) Availability of funds.--On
notification in accordance with clause (i), the
Secretary of the Treasury shall make available
to the State of South Dakota funds from the
South Dakota Terrestrial Wildlife Habitat
Restoration Trust Fund established under
section 203, to be used to carry out the plan
for terrestrial wildlife habitat restoration
submitted by the State.
(B) Cheyenne river sioux tribe and lower brule
sioux tribe.--
(i) Notification.--On receipt of the plan
for terrestrial wildlife habitat restoration
submitted by the Cheyenne River Sioux Tribe and
the Lower Brule Sioux Tribe, each of the
Committees referred to in paragraph (3) shall
notify the Secretary of the Treasury of the
receipt of each of the plans.
(ii) Availability of funds.--On
notification in accordance with clause (i), the
Secretary of the Treasury shall make available
to the Cheyenne River Sioux Tribe and the Lower
Brule Sioux Tribe funds from the Cheyenne River
Sioux Tribe Terrestrial Wildlife Habitat
Restoration Trust Fund and the Lower Brule
Sioux Tribe Terrestrial Wildlife Habitat
Restoration Trust Fund, respectively,
established under section 204, to be used to
carry out the plan for terrestrial wildlife
habitat restoration submitted by the Cheyenne
River Sioux Tribe and the Lower Brule Sioux
Tribe, respectively.
(C) Transition period.--
(i) In general.--During the period
described in clause (ii), the Secretary shall--
(I) fund the terrestrial wildlife
habitat restoration programs being
carried out on the date of enactment of
this Act on Oahe and Big Bend project
land and the plans established under
this section at a level that does not
exceed the highest amount of funding
that was provided for the programs
during a previous fiscal year; and
(II) implement the programs.
(ii) Period.--Clause (i) shall apply during
the period--
(I) beginning on the date of
enactment of this Act; and
(II) ending on the earlier of--
(aa) the date on which
funds are made available for
use from the South Dakota
Terrestrial Wildlife Habitat
Restoration Trust Fund under
section 203(d)(3)(A)(i) and the
Cheyenne River Sioux Tribe
Terrestrial Wildlife Habitat
Restoration Trust Fund and the
Lower Brule Sioux Tribe
Terrestrial Wildlife Habitat
Restoration Trust Fund under
section 204(d)(3)(A)(i); or
(bb) the date that is 4
years after the date of
enactment of this Act.
(b) Programs for the Purchase of Wildlife Habitat Leases.--
(1) In general.--The State of South Dakota may use funds
made available under section 203(d)(3)(A)(iii) to develop a
program for the purchase of wildlife habitat leases that meets
the requirements of this subsection.
(2) Development of a plan.--
(A) In general.--If the State of South Dakota, the
Cheyenne River Sioux Tribe, or the Lower Brule Sioux
Tribe elects to conduct a program under this
subsection, the State of South Dakota, the Cheyenne
River Sioux Tribe, or the Lower Brule Sioux Tribe (in
consultation with the United States Fish and Wildlife
Service and the Secretary and with an opportunity for
public comment) shall develop a plan to lease land for
the protection and development of wildlife habitat,
including habitat for threatened and endangered
species, associated with the Missouri River ecosystem.
(B) Use for program.--The plan shall be used by the
State of South Dakota, the Cheyenne River Sioux Tribe,
or the Lower Brule Sioux Tribe in carrying out the
program carried out under paragraph (1).
(3) Conditions of leases.--Each lease covered under a
program carried out under paragraph (1) shall specify that the
owner of the property that is subject to the lease shall
provide--
(A) public access for sportsmen during hunting
season; and
(B) public access for other outdoor uses covered
under the lease, as negotiated by the landowner and the
State of South Dakota, the Cheyenne River Sioux Tribe,
or the Lower Brule Sioux Tribe.
(4) Use of assistance.--
(A) State of south dakota.--If the State of South
Dakota conducts a program under this subsection, the
State may use funds made available under section
203(d)(3)(A)(iii) to--
(i) acquire easements, rights-of-way, or
leases for management and protection of
wildlife habitat, including habitat for
threatened and endangered species, and public
access to wildlife on private property in the
State of South Dakota;
(ii) create public access to Federal or
State land through the purchase of easements or
rights-of-way that traverse such private
property; or
(iii) lease land for the creation or
restoration of a wetland on such private
property.
(B) Cheyenne river sioux tribe and lower brule
sioux tribe.--If the Cheyenne River Sioux Tribe or the
Lower Brule Sioux Tribe conducts a program under this
subsection, the Tribe may use funds made available
under section 204(d)(3)(A)(iii) for the purposes
described in subparagraph (A).
(c) Federal Obligation for Terrestrial Wildlife Habitat Mitigation
for the Big Bend and Oahe Projects in South Dakota.--The establishment
of the trust funds under sections 203 and 204 and the development and
implementation of plans for terrestrial wildlife habitat restoration
developed by the State of South Dakota, the Cheyenne River Sioux Tribe,
and the Lower Brule Sioux Tribe in accordance with this section shall
be considered to satisfy the Federal obligation under the Fish and
Wildlife Coordination Act (16 U.S.C. 661 et seq.) for terrestrial
wildlife habitat mitigation for the State of South Dakota, the Cheyenne
River Sioux Tribe, and the Lower Brule Sioux Tribe for the Big Bend and
Oahe projects carried out as part of the Pick-Sloan Missouri River
Basin program.
SEC. 203. SOUTH DAKOTA TERRESTRIAL WILDLIFE HABITAT RESTORATION TRUST
FUND.
(a) Establishment.--There is established in the Treasury of the
United States a fund to be known as the ``South Dakota Terrestrial
Wildlife Habitat Restoration Trust Fund'' (referred to in this section
as the ``Fund'').
(b) Funding.--For the fiscal year during which this Act is enacted
and each fiscal year thereafter until the aggregate amount deposited in
the Fund under this subsection is equal to at least $108,000,000, the
Secretary of the Treasury shall deposit in the Fund an amount equal to
15 percent of the receipts from the deposits in the Treasury of the
United States for the preceding fiscal year from the power program of
the Pick-Sloan Missouri River Basin program, administered by the
Western Area Power Administration.
(c) Investments.--The Secretary of the Treasury shall invest the
amounts deposited under subsection (b) only in interest-bearing
obligations of the United States or in obligations guaranteed by the
United States as to both principal and interest.
(d) Payments.--
(1) In general.--All amounts credited as interest under
subsection (c) shall be available, without fiscal year
limitation, to the State of South Dakota for use in accordance
with paragraph (3).
(2) Withdrawal and transfer of funds.--Subject to section
202(a)(4)(A), the Secretary of the Treasury shall withdraw
amounts credited as interest under paragraph (1) and transfer
the amounts to the State of South Dakota for use as State funds
in accordance with paragraph (3).
(3) Use of transferred funds.--
(A) In general.--Subject to subparagraph (B), the
State of South Dakota shall use the amounts transferred
under paragraph (2) only to--
(i) fully fund the annually scheduled work
described in the terrestrial wildlife habitat
restoration plan of the State developed under
section 202(a); and
(ii) with any remaining funds--
(I) protect archaeological,
historical, and cultural sites located
along the Missouri River on land
transferred to the State;
(II) fund all costs associated with
the ownership, management, operation,
administration, maintenance, and
development of recreation areas and
other lands that are transferred to the
State of South Dakota by the Secretary;
(III) purchase and administer
wildlife habitat leases under section
202(b);
(IV) carry out other activities
described in section 202; and
(V) develop and maintain public
access to, and protect, wildlife
habitat and recreation areas along the
Missouri River.
(B) Prohibition.--The amounts transferred under
paragraph (2) shall not be used for the purchase of
land in fee title.
(e) Transfers and Withdrawals.--Except as provided in subsection
(d), the Secretary of the Treasury may not transfer or withdraw any
amount deposited under subsection (b).
(f) Administrative Expenses.--There are authorized to be
appropriated to the Secretary of the Treasury such sums as are
necessary to pay the administrative expenses of the Fund.
SEC. 204. CHEYENNE RIVER SIOUX TRIBE AND LOWER BRULE SIOUX TRIBE
TERRESTRIAL WILDLIFE HABITAT RESTORATION TRUST FUNDS.
(a) Establishment.--There are established in the Treasury of the
United States 2 funds to be known as the ``Cheyenne River Sioux Tribe
Terrestrial Wildlife Restoration Trust Fund'' and the ``Lower Brule
Sioux Tribe Terrestrial Wildlife Habitat Restoration Trust Fund'' (each
of which is referred to in this section as a ``Fund'').
(b) Funding.--
(1) In general.--Subject to paragraph (2), for the fiscal
year during which this Act is enacted and each fiscal year
thereafter until the aggregate amount deposited in the Funds
under this subsection is equal to at least $57,400,000, the
Secretary of the Treasury shall deposit in the Funds an amount
equal to 10 percent of the receipts from the deposits in the
Treasury of the United States for the preceding fiscal year
from the power program of the Pick-Sloan Missouri River Basin
program, administered by the Western Area Power Administration.
(2) Allocation.--Of the total amount of funds deposited
into the Funds for a fiscal year, the Secretary of the Treasury
shall deposit--
(A) 74 percent of the funds into the Cheyenne River
Sioux Tribe Terrestrial Wildlife Restoration Trust
Fund; and
(B) 26 percent of the funds into the Lower Brule
Sioux Tribe Terrestrial Wildlife Habitat Restoration
Trust Fund.
(c) Investments.--The Secretary of the Treasury shall invest the
amounts deposited under subsection (b) only in interest-bearing
obligations of the United States or in obligations guaranteed as to
both principal and interest by the United States.
(d) Payments.--
(1) In general.--All amounts credited as interest under
subsection (c) shall be available, without fiscal year
limitation, to the Cheyenne River Sioux Tribe and the Lower
Brule Sioux Tribe for their use in accordance with paragraph
(3).
(2) Withdrawal and transfer of funds.--Subject to section
202(a)(4)(B), the Secretary of the Treasury shall withdraw
amounts credited as interest under paragraph (1) and transfer
the amounts to the Cheyenne River Sioux Tribe and the Lower
Brule Sioux Tribe for use in accordance with paragraph (3).
(3) Use of transferred funds.--
(A) In general.--Subject to subparagraph (B), the
Cheyenne River Sioux Tribe and the Lower Brule Sioux
Tribe shall use the amounts transferred under paragraph
(2) only to--
(i) fully fund the annually scheduled work
described in the terrestrial wildlife habitat
restoration plan of the respective Tribe
developed under section 202(a); and
(ii) with any remaining funds--
(I) protect archaeological,
historical, and cultural sites located
along the Missouri River on land
transferred to the respective Tribe;
(II) fund all costs associated with
the ownership, management, operation,
administration, maintenance, and
development of recreation areas and
other lands that are transferred to the
respective Tribe by the Secretary;
(III) purchase and administer
wildlife habitat leases under section
202(b);
(IV) carry out other activities
described in section 202; and
(V) develop and maintain public
access to, and protect, wildlife
habitat and recreation areas along the
Missouri River.
(B) Prohibition.--The amounts transferred under
paragraph (2) shall not be used for the purchase of
land in fee title.
(e) Transfers and Withdrawals.--Except as provided in subsection
(d), the Secretary of the Treasury may not transfer or withdraw any
amount deposited under subsection (b).
(f) Administrative Expenses.--There are authorized to be
appropriated to the Secretary of the Treasury such sums as are
necessary to pay the administrative expenses of the Fund.
SEC. 205. TRANSFER OF FEDERAL LAND TO STATE OF SOUTH DAKOTA.
(a) In General.--
(1) Transfer.--
(A) In general.--The Secretary of the Army shall
transfer to the Department of Game, Fish and Parks of
the State of South Dakota (referred to in this section
as the ``Department'') the land and recreation areas
described in subsections (b) and (c) for fish and
wildlife purposes, or public recreation uses, in
perpetuity.
(B) Permits, rights-of-way, and easements.--All
permits, rights-of-way, and easements granted by the
Secretary of the Army to the Oglala Sioux Tribe for
land on the west side of the Missouri River between the
Oahe Dam and Highway 14, and all permits, rights-of-
way, and easements on any other land administered by
the Secretary and used by the Oglala Sioux Rural Water
Supply System, are granted to the Oglala Sioux Tribe in
perpetuity to be held in trust under section 3(e) of
the Mni Wiconi Project Act of 1988 (102 Stat. 2568).
(2) Uses.--The Department shall maintain and develop the
land outside the recreation areas for fish and wildlife
purposes in accordance with--
(A) fish and wildlife purposes in effect on the
date of enactment of this Act; or
(B) a plan developed under section 202.
(3) Corps of engineers.--The transfer shall not interfere
with the Corps of Engineers operation of a project under this
section for an authorized purpose of the project under the Act
of December 22, 1944 (58 Stat. 887, chapter 665; 33 U.S.C. 701-
1 et seq.), or other applicable law.
(4) Secretary of the army.--The Secretary of the Army shall
retain the right to inundate with water the land transferred to
the Department under this section or draw down a project
reservoir, as necessary to carry out an authorized purpose of a
project.
(b) Land Transferred.--The land described in this subsection is
land that--
(1) is located above the top of the exclusive flood pool of
the Oahe, Big Bend, Fort Randall, and Gavin's Point projects of
the Pick-Sloan Missouri River Basin program;
(2) was acquired by the Secretary of the Army for the
implementation of the Pick-Sloan Missouri River Basin program;
(3) is located outside the external boundaries of a
reservation of an Indian Tribe; and
(4) is located within the State of South Dakota.
(c) Recreation Areas Transferred.--A recreation area described in
this section includes the land and waters within a recreation area
that--
(1) the Secretary of the Army determines, at the time of
the transfer, is a recreation area classified for recreation
use by the Corps of Engineers on the date of enactment of this
Act;
(2) is located outside the external boundaries of a
reservation of an Indian Tribe;
(3) is located within the State of South Dakota;
(4) is not the recreation area known as ``Cottonwood'',
``Training Dike'', or ``Tailwaters''; and
(5) is located below Gavin's Point Dam in the State of
South Dakota in accordance with boundary agreements and
reciprocal fishing agreements between the State of South Dakota
and the State of Nebraska in effect on the date of enactment of
this Act, which agreements shall continue to be honored by the
State of South Dakota as the agreements apply to any land or
recreation areas transferred under this title to the State of
South Dakota below Gavin's Point Dam and on the waters of the
Missouri River.
(d) Map.--
(1) In general.--The Secretary of the Army, in consultation
with the Department, shall prepare a map of the land and
recreation areas transferred under this section.
(2) Land.--The map shall identify--
(A) land reasonably expected to be required for
project purposes during the 20-year period beginning on
the date of enactment of this Act; and
(B) dams and related structures;
which shall be retained by the Secretary.
(3) Availability.--The map shall be on file in the
appropriate offices of the Secretary of the Army.
(e) Schedule for Transfer.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary of the Army and the
Secretary of the Department shall jointly develop a schedule
for transferring the land and recreation areas under this
section.
(2) Transfer deadline.--All land and recreation areas shall
be transferred not later than 1 year after the full
capitalization of the Trust Fund described in section 203.
(f) Transfer Conditions.--The land and recreation areas described
in subsections (b) and (c) shall be transferred in fee title to the
Department on the following conditions:
(1) Responsibility for damage.--The Secretary of the Army
shall not be responsible for any damage to the land caused by
flooding, sloughing, erosion, or other changes to the land
caused by the operation of any project of the Pick-Sloan
Missouri River Basin program (except as otherwise provided by
Federal law).
(2) Easements, rights-of-way, leases, and cost-sharing
agreements.--The Department shall maintain all easements,
rights-of-way, leases, and cost-sharing agreements that are in
effect as of the date of the transfer.
(g) Hunting and Fishing.--
(1) In general.--Nothing in this title affects jurisdiction
over the land and water below the exclusive flood pool of the
Missouri River within the State of South Dakota, including
affected Indian reservations. The State of South Dakota, the
Lower Brule Sioux Tribe, and the Cheyenne River Sioux Tribe
shall continue in perpetuity to exercise the jurisdiction the
State and Tribes possess on the date of enactment of this Act.
(2) No effect on respective jurisdictions.--The Secretary
may not adopt any regulation or otherwise affect the respective
jurisdictions of the State of South Dakota, the Lower Brule
River Sioux Tribe, or the Cheyenne River Sioux Tribe described
in paragraph (1).
(h) Applicability of Law.--Notwithstanding any other provision of
this Act, the following provisions of law shall apply to land
transferred under this section:
(1) The National Historic Preservation Act (16 U.S.C. 470
et seq.), including sections 106 and 304 of that Act (16 U.S.C.
470f, 470w-3).
(2) The Archaeological Resources Protection Act of 1979 (16
U.S.C. 470aa et seq.), including sections 4, 6, 7, and 9 of
that Act (16 U.S.C. 470cc, 470ee, 470ff, 470hh).
(3) The Native American Graves Protection Act and
Repatriation Act (25 U.S.C. 3001 et seq.), including
subsections (a) and (d) of section 3 of that Act (25 U.S.C.
3003).
SEC. 206. TRANSFER OF CORPS OF ENGINEERS LAND FOR INDIAN TRIBES.
(a) In General.--
(1) Transfer.--The Secretary of the Army shall transfer to
the Secretary of the Interior the land and recreation areas
described in subsections (b) and (c).
(2) Corps of engineers.--The transfer shall not interfere
with the Corps of Engineers operation of a project under this
section for an authorized purpose of the project under the Act
of December 22, 1944 (58 Stat. 887, chapter 665; 33 U.S.C. 701-
1 et seq.), or other applicable law.
(3) Secretary of the army.--The Secretary of the Army shall
retain the right to inundate with water the land transferred to
the Secretary of the Interior under this section or draw down a
project reservoir, as necessary to carry out an authorized
purpose of a project.
(4) Trust.--The Secretary of the Interior shall hold in
trust for the Cheyenne River Sioux Tribe and the Lower Brule
Sioux Tribe the land transferred under this section that is
located within the external boundaries of the reservation of
the Indian Tribes.
(b) Land Transferred.--The land described in this subsection is
land that--
(1) is located above the top of the exclusive flood pool of
the Big Bend and Oahe projects of the Pick-Sloan Missouri River
Basin program;
(2) was acquired by the Secretary of the Army for the
implementation of the Pick-Sloan Missouri River Basin program;
and
(3) is located within the external boundaries of the
reservation of the Cheyenne River Sioux Tribe and the Lower
Brule Sioux Tribe.
(c) Recreation Areas Transferred.--A recreation area described in
this section includes the land and waters within a recreation area
that--
(1) the Secretary of the Army determines, at the time of
the transfer, is a recreation area classified for recreation
use by the Corps of Engineers on the date of enactment of this
Act;
(2) is located within the external boundaries of a
reservation of an Indian Tribe; and
(3) is located within the State of South Dakota.
(d) Map.--
(1) In general.--The Secretary of the Army, in consultation
with the governing bodies of the Cheyenne River Sioux Tribe and
the Lower Brule Sioux Tribe, shall prepare a map of the land
transferred under this section.
(2) Land.--The map shall identify--
(A) land reasonably expected to be required for
project purposes during the 20-year period beginning on
the date of enactment of this Act; and
(B) dams and related structures;
which shall be retained by the Secretary.
(3) Availability.--The map shall be on file in the
appropriate offices of the Secretary of the Army.
(e) Schedule for Transfer.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary of the Army and the
Chairmen of the Cheyenne River Sioux Tribe and the Lower Brule
Sioux Tribe shall jointly develop a schedule for transferring
the land and recreation areas under this section.
(2) Transfer deadline.--All land and recreation areas shall
be transferred not later than 1 year after the full
capitalization of the State and tribal Trust Fund described in
section 204.
(f) Transfer Conditions.--The land and recreation areas described
in subsections (b) and (c) shall be transferred to, and held in trust
by, the Secretary of the Interior on the following conditions:
(1) Responsibility for damage.--The Secretary of the Army
shall not be responsible for any damage to the land caused by
flooding, sloughing, erosion, or other changes to the land
caused by the operation of any project of the Pick-Sloan
Missouri River Basin program (except as otherwise provided by
Federal law).
(2) Hunting and fishing.--Nothing in this title affects
jurisdiction over the land and waters below the exclusive flood
pool and within the external boundaries of the Cheyenne River
Sioux Tribe and Lower Brule Sioux Tribe reservations. The State
of South Dakota, the Lower Brule Sioux Tribe, and the Cheyenne
River Sioux Tribe shall continue to exercise, in perpetuity,
the jurisdiction they possess on the date of enactment of this
Act with regard to those lands and waters. The Secretary may
not adopt any regulation or otherwise affect the respective
jurisdictions of the State of South Dakota, the Lower Brule
River Sioux Tribe, or the Cheyenne River Sioux Tribe described
in the preceding sentence. Jurisdiction over the land
transferred under this section shall be the same as that over
other land held in trust by the Secretary of the Interior on
the Cheyenne River Sioux Tribe reservation and the Lower Brule
Sioux Tribe reservation.
(3) Easements, rights-of-way, leases, and cost-sharing
agreements.--
(A) Maintenance.--The Secretary of the Interior
shall maintain all easements, rights-of-way, leases,
and cost-sharing agreements that are in effect as of
the date of the transfer.
(B) Payments to county.--The Secretary of the
Interior shall pay any affected county 100 percent of
the receipts from the easements, rights-of-way, leases,
and cost-sharing agreements described in subparagraph
(A).
SEC. 207. ADMINISTRATION.
(a) In General.--Nothing in this title diminishes or affects--
(1) any water right of an Indian Tribe;
(2) any other right of an Indian Tribe, except as
specifically provided in another provision of this title;
(3) any treaty right that is in effect on the date of
enactment of this Act;
(4) any external boundary of an Indian reservation of an
Indian Tribe;
(5) any authority of the State of South Dakota that relates
to the protection, regulation, or management of fish,
terrestrial wildlife, and cultural and archaeological
resources, except as specifically provided in this title; or
(6) any authority of the Secretary, the Secretary of the
Interior, or the head of any other Federal agency under a law
in effect on the date of enactment of this Act, including--
(A) the National Historic Preservation Act (16
U.S.C. 470 et seq.);
(B) the Archaeological Resources Protection Act of
1979 (16 U.S.C. 470aa et seq.);
(C) the Fish and Wildlife Coordination Act (16
U.S.C. 661 et seq.);
(D) the Act entitled ``An Act for the protection of
the bald eagle'', approved June 8, 1940 (16 U.S.C. 668
et seq.);
(E) the Migratory Bird Treaty Act (16 U.S.C. 703 et
seq.);
(F) the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.);
(G) the Native American Graves Protection and
Repatriation Act (25 U.S.C. 3001 et seq.);
(H) the Federal Water Pollution Control Act
(commonly known as the ``Clean Water Act'') (33 U.S.C.
1251 et seq.);
(I) the Safe Drinking Water Act (42 U.S.C. 300f et
seq.); and
(J) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.).
(b) Power Rates.--No payment made under this title shall affect any
power rate under the Pick-Sloan Missouri River Basin program.
(c) Federal Liability for Damage.--Nothing in this title relieves
the Federal Government of liability for damage to private land caused
by the operation of the Pick-Sloan Missouri River Basin program.
(d) Flood Control.--Notwithstanding any other provision of this
title, the Secretary shall retain the authority to operate the Pick-
Sloan Missouri River Basin program for purposes of meeting the
requirements of the Act of December 22, 1944 (58 Stat. 887, chapter
665; 33 U.S.C. 701-1 et seq.).
SEC. 208. STUDY.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary of the Army shall arrange for the United
States Geological Survey, in consultation with the Bureau of Indian
Affairs and other appropriate Federal agencies, to conduct a
comprehensive study of the potential impacts of the transfer of land
under sections 205(b) and 206(b), including potential impacts on South
Dakota Sioux Tribes having water claims within the Missouri River
Basin, on water flows in the Missouri River.
(b) No Transfer Pending Determination.--No transfer of land under
section 205(b) or 206(b) shall occur until the Secretary determines,
based on the study, that the transfer of land under either section will
not significantly reduce the amount of water flow to the downstream
States of the Missouri River.
SEC. 209. AUTHORIZATION OF APPROPRIATIONS.
(a) Secretary.--There are authorized to be appropriated to the
Secretary such sums as are necessary--
(1) to pay the administrative expenses incurred by the
Secretary in carrying out this title; and
(2) to fund the implementation of terrestrial wildlife
habitat restoration plans under section 202(a).
(b) Secretary of the Interior.--There are authorized to be
appropriated to the Secretary of the Interior such sums as are
necessary to pay the administrative expenses incurred by the Secretary
of the Interior in carrying out this title.
Passed the Senate October 9 (legislative day, October 2),
1998.
Attest:
Secretary.
105th CONGRESS
2d Session
S. 2131
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AN ACT
To provide for the conservation and development of water and related
resources, to authorize the Secretary of the Army to construct various
projects for improvements to rivers and harbors of the United States,
and for other purposes.
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