[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 2131 Introduced in Senate (IS)]







105th CONGRESS
  2d Session
                                S. 2131

 To provide for the conservation and development of water and related 
resources, to authorize the Secretary of the Army to construct various 
 projects for improvements to rivers and harbors of the United States, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                 June 4 (legislative day, June 2), 1998

   Mr. Chafee (by request) (for himself, Mr. Warner, and Mr. Baucus) 
introduced the following bill; which was read twice and referred to the 
               Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
 To provide for the conservation and development of water and related 
resources, to authorize the Secretary of the Army to construct various 
 projects for improvements to rivers and harbors of the United States, 
                        and for other purposes.

    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''.
    (2) Table of Contents.--

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Project authorizations.
Sec. 4. Flood hazard mitigation and riverine ecosystem restoration 
                            program.
Sec. 5. Shore protection.
Sec. 6. Small flood control projects.
Sec. 7. Use of non-Federal funds for compiling and disseminating 
                            information on floods and flood damages.
Sec. 8. Everglades and South Florida ecosystem restoration.
Sec. 9. Aquatic ecosystem restoration.
Sec. 10. Beneficial uses of dredged material.
Sec. 11. Cooperative agreements for natural resources, environmental 
                            protection, conservation, and recreation 
                            measures.
Sec. 12. Contribution by States and political subdivisions.
Sec. 13. Recreation user fees.
Sec. 14. Shoreline management program fees.
Sec. 15. Water resources development studies for the Pacific region.
Sec. 16. Water resources foundation.
Sec. 17. Regulatory program funding.
Sec. 18. Flood mitigation near Pierre, South Dakota.
Sec. 19. Lower Missouri River aquatic restoration projects.
Sec. 20. Payment option, Moorehead, West Virginia.

SEC. 2. DEFINITIONS.

    For purposes of this Act, the term ``Secretary'' means the 
Secretary of the Army.

SEC. 3. PROJECT AUTHORIZATIONS.

    (a) Projects With Reports.--The following projects for water 
resources development and conservation and other purposes are 
authorized to be carried out by the Secretary substantially in 
accordance with the plans, and subject to the conditions, described in 
the respective reports designated in this section:
            (1) American river watershed, california.--
                    (A) General.--The project for flood damage 
                reduction described as the Folsom Stepped Release Plan 
                in the U.S. Army Corps of Engineers Supplemental 
                Information Report for the American River Watershed 
                Project, California, dated March 1996 is authorized for 
                construction 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) Implementation of the measures by the 
                        Secretary pursuant to paragraph (A) of this 
                        subsection shall be undertaken subsequent to 
                        the levee stabilization and strengthening and 
                        flood warning features authorized in section 
                        101(a)(1) of Public Law 104-303 (110 Stat. 
                        3662-3663).
                            (ii) The Secretary may undertake measures 
                        at the Folsom Dam and Reservoir authorized 
                        pursuant to paragraph (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 paragraph (A) of this 
                        subsection. The Secretary shall conduct the 
                        review and develop such modifications to the 
                        Folsom Dam with the full participation of the 
                        Secretary of the Interior.
                            (iii) Implementation of the remaining 
                        downstream elements authorized pursuant to 
                        paragraph (A) may be undertaken only after the 
                        Secretary, in consultation with affected 
                        Federal, State, Regional, and local entities, 
                        has reviewed the elements to 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 paragraph (A) of this subsection 
                        and any design modifications for the Folsom Dam 
                        and Reservoir made by the Secretary in 
                        implementing the measures referred to in 
                        paragraph (B)(ii), and has issued a report on 
                        the review.
            (2) Amite river and tributaries, 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.
            (3) Guanajibo river, puerto rico.--The project for flood 
        damage reduction, Guanajibo River, Puerto Rico: Report of the 
        Chief of Engineers, dated February 27, 1996, at a total cost of 
        $27,441,000, with an estimated Federal cost of $17,837,000 and 
        an estimated non-Federal cost of $9,604,000.
            (4) rio nigua at salinas, puerto rico.--The project for 
        flood damage reduction, Rio Nigua at Salinas, Puerto Rico: 
        Report of the Chief of Engineers, dated April 15, 1997, at a 
        total cost $13,565,000, with an estimated Federal cost of 
        $7,079,000 and an estimated non-Federal cost of $6,486,000.
    (b) Projects Subject to a Report.--The following project for water 
resources development and conservation and other purposes is authorized 
to be carried out by the Secretary substantially in accordance with the 
plans and subject to the conditions recommended in a report of the 
Chief of Engineers, as approved by the Secretary:
            (1) Grand forks, north dakota, and east grand forks, 
        minnesota.--The project for flood damage reduction and 
        recreation, Grand Forks, North Dakota and East Grand Forks, 
        Minnesota, Report of the Chief of Engineers consisting of 
        setback levees and floodwalls, at a total cost of $281,754,000, 
        with an estimated Federal cost of $140,877,000 and an estimated 
        non-Federal cost of $140,877,000.

SEC. 4. FLOOD HAZARD MITIGATION AND RIVERINE ECOSYSTEM RESTORATION 
              PROGRAM.

    (a) In General.--The Secretary is authorized to undertake a program 
to reduce flood hazards and to restore the natural functions and values 
of riverine ecosystems throughout the United States. In carrying out 
the program, the Secretary may conduct studies to identify appropriate 
flood damage reduction, conservation, and restoration measures and may 
design and implement watershed management and restoration projects. The 
studies and projects carried out under this authority shall be 
conducted, to the maximum 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. Such studies and projects shall, to the 
maximum extent practicable, emphasize non-structural approaches to 
preventing or reducing flood damages.
    (b) Cost-Sharing Requirements.--The cost of studies conducted under 
this authority shall be shared in accordance with section 105 of the 
Water Resources Development Act of 1986 (100 Stat. 4088-4089) as 
amended by section 203 of the Water Resources Development Act of 1996 
(110 Stat. 3677-3678). The non-Federal interests shall pay 35 percent 
of the cost of any environmental restoration or non-structural flood 
control project carried out under this authority. The non-Federal 
interests shall provide all lands, easements, rights-of-way, dredged 
material disposal areas, and relocations necessary for such projects, 
and the value of such lands, easements, rights-of-way, dredged material 
disposal areas, and relocations shall be credited toward the payment 
required under this subsection. For any structural flood control 
measures carried out under this authority, the cost sharing shall be in 
accordance with section 103(a) of the Water Resources Development Act 
of 1986 as amended by section 202 of the Water Resources Development 
Act of 1996 (33 U.S.C. 2213(a)). The non-Federal interests shall be 
responsible for all costs associated with operating, maintaining, 
replacing, repairing, and rehabilitating all projects carried out under 
this authority.
    (c) Project Justification.--(1) Notwithstanding any other provision 
of law or requirement for economic justification established pursuant 
to 42 U.S.C. 1962-2, the Secretary may implement a project under this 
authority provided 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) Within 180 days of the date of enactment of this section the 
Secretary shall develop criteria for selecting and rating the projects 
to be carried out as a part of the Program authorized by this section 
and shall establish policies and procedures for carrying out the 
studies and projects undertaken under this authority.
    (d) Reporting Requirement.--The Secretary may not implement a 
project under this authority until--
            (1) the Secretary provides to the appropriate committees of 
        Congress a written notification describing the project and the 
        determinations reached pursuant to 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) Program Review.--The program established pursuant to this 
section shall be subject to an independent review to evaluate the 
efficiency of the program in achieving the dual goals of flood hazard 
mitigation and ecosystem restoration. The Secretary shall transmit a 
report on the findings of the review conducted under this subsection to 
the Congress by April 2004, together with any recommendations for 
continuing the program.
    (f) Per Project Limitation.--No more than $75,000,000 in Army Civil 
Works appropriations may be expended on any single project undertaken 
under this authority.
    (g) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $25,000,000 for each fiscal year 
for fiscal years 1999 and 2000; $50,000,000 for fiscal year 2001; and 
$75,000,000 for each fiscal year for fiscal years 2002 through 2004. 
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. 5. SHORE PROTECTION.

    Section 103(d) of the Water Resources Development Act of 1986 (100 
Stat. 4085-5086) is amended by--
            (1) inserting the following immediately before the phrase 
        ``Costs of constructing projects or measures for beach erosion 
        control;'':
            ``(1) Construction.--''; and
            (2) inserting a new paragraph (2) as follows:
            ``(2) Periodic nourishment.--The non-Federal cost of the 
        periodic nourishment of projects or measures for shore 
        protection or beach erosion control shall be 65 percent, except 
        that 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 lands shall be borne by non-
        Federal interests and all costs assigned to the protection of 
        federally owned shores shall be borne by the United States.''.

SEC. 6. SMALL FLOOD CONTROL PROJECTS.

    Section 205 of the Flood Control Act of 1948 as amended (33 U.S.C. 
701s) is further amended by--
            (1) striking ``construction of small projects'' and 
        inserting in lieu thereof ``implementation of small structural 
        and nonstructural projects''; and
            (2) striking ``$5,000,000'' and inserting in lieu thereof 
        ``$7,000,000''.

SEC. 7. 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 as amended (33 
U.S.C. 709a(b)) is further amended by adding the following language 
immediately following the word ``section'' in the last sentence of that 
subsection: ``, except that this limitation on fees shall not apply to 
funds voluntarily contributed by such entities for the purpose of 
expanding the scope of the services requested by such entities''.

SEC. 8. EVERGLADES AND SOUTH FLORIDA ECOSYSTEM RESTORATION.

    Subsections (b)(3)(B) and (b)(3)(C)(i) of section 528 of the Water 
Resources Development Act of 1996 (110 Stat. 3769) are amended by 
striking ``1999'' and inserting in lieu thereof ``2000''.

SEC. 9. AQUATIC ECOSYSTEM RESTORATION.

    Section 206(c) of the Water Resources Development Act of 1996 (110 
Stat. 3679-3680) is amended by inserting a new sentence at the end 
thereof as follows: ``Notwithstanding 42 U.S.C. 1962d-5b(b), for any 
project undertaken under this authority, a non-Federal interest may 
also include a non-profit entity.''.

SEC. 10. BENEFICIAL USES OF DREDGED MATERIAL.

    Section 204 of the Water Resources Development Act of 1992 (106 
Stat. 4826) as amended by section 207 of the Water Resources 
Development Act of 1996 (110 Stat. 3680) is further amended by--
            (1) striking ``cooperative agreement in accordance with the 
        requirements of section 221 of the Flood Control Act of 1970'' 
        from subsection (c) and inserting in lieu thereof ``binding 
        agreement with the Secretary''; and
            (2) inserting a new subsection (g) as follows:
    ``(g) Non-Federal Interests.--Notwithstanding 42 U.S.C. 1962d-
5b(b), for any project carried out under this section, a non-Federal 
interest may also include a non-profit entity.''.

SEC. 11. COOPERATIVE AGREEMENTS FOR NATURAL RESOURCES, ENVIRONMENTAL 
              PROTECTION, CONSERVATION, AND RECREATION MEASURES.

    The Secretary is authorized to enter into cooperative agreements 
with non-Federal public bodies and non-profit entities for the purpose 
of facilitating collaborative efforts involving environmental 
protection and restoration, natural resources, conservation, and 
recreation in connection with the development, operation, and 
management of water resources projects under the jurisdiction of the 
Department of the Army.

SEC. 12. CONTRIBUTIONS BY STATES AND POLITICAL SUBDIVISIONS.

    Section 5 of the Flood Control Act of 1936, as amended by Public 
Law 208, 75th Congress (33 U.S.C. 701h) is further amended by inserting 
the words ``or environmental restoration'' after the words ``flood 
control''.

SEC. 13. RECREATION USER FEES.

    (a) During fiscal years 1999 through 2002, the Secretary may 
withhold from the special account established pursuant to 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 pursuant to 16 U.S.C. 460l-6a(b). The amounts 
withheld shall be retained by the Secretary and shall be available, 
without further appropriation, for expenditure by the Secretary in 
accordance with the provisions of this section. Such amounts shall 
remain available through September 30, 2005.
    (b) In order to increase the quality of the visitor experience at 
public recreational areas and to enhance the protection of resources, 
the amounts withheld pursuant to subsection (a) and available for 
expenditure may only be used for backlogged repair and maintenance 
projects (including projects relating to health and safety) and for 
interpretation, signage, habitat or facility enhancement, resource 
preservation, annual operation (including fee collection), maintenance, 
and law enforcement related to public use.
    (c)(1) Eighty percent of the total amount withheld by the Secretary 
shall be available for expenditure without further appropriation at the 
specific site from which such funds, above baseline, are collected, and 
shall be accounted for separately.
    (2) Twenty percent of the total amount withheld by the Secretary 
shall be available for expenditure without further appropriation for 
use on an agency-wide basis and shall be accounted for separately.

SEC. 14. SHORELINE MANAGEMENT PROGRAM FEES.

    No later than 12 months after the date of enactment of this Act and 
every five years thereafter, the Secretary shall review the Shoreline 
Management Program administered by the Army Corps of Engineers at water 
resources development projects under the jurisdiction of the Department 
of the Army to determine the costs associated with administering the 
Program. Each review conducted pursuant to this section shall include 
an analysis of the fee schedule in place at the time the review is 
initiated. If the Secretary determines that adjustments to the fee 
schedule are necessary in order to ensure collection of revenues 
sufficient to cover the costs of administering the Program, the 
Secretary may make those adjustments in accordance with applicable 
regulations.

SEC. 15. 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 the phrase ``interest of 
navigation'' and inserting the following in lieu thereof: ``interests 
of water resources development, including navigation, flood damage 
reduction, and environmental restoration''.

SEC. 16. WATER RESOURCES FOUNDATION.

    (a) Establishment.--There is established the Water Resources 
Foundation (hereinafter referred to as the ``Foundation'') as a 
charitable and nonprofit corporation domiciled in the District of 
Columbia, which is not an agency or establishment of the United States.
    (b) Purposes.--The purposes of the Foundation are to--
            (1) encourage, accept, and administer private gifts of 
        money, and of real and personal property for the benefit of, or 
        in connection with, the activities and services of the Army 
        Corps of Engineers in managing natural resources at water 
        resources development projects administered by the Department 
        of the Army;
            (2) undertake and conduct such other activities as will 
        further the conservation and management of natural, scenic, 
        historic and recreational resources at such projects;
            (3) further a stewardship ethic among American citizens to 
        conserve and utilize the diverse natural resources available at 
        such projects;
            (4) initiate and support programs that broaden and enhance 
        the services, facilities, and educational and interpretive 
        activities for visitors to such projects; and
            (5) strengthen and improve the various means by which the 
        Army Corps of Engineers uses its human and financial resources 
        to manage the natural resources at such projects.
    (c) Limitations and Conflicts of Interests.--(1) The Foundation 
shall not participate or intervene in a political campaign on behalf of 
any candidate for public office.
    (2) No director, officer, or employee of the Foundation shall 
participate, directly or indirectly, in the consideration or 
determination of any question before the Foundation affecting--
            (A) the financial interests of the director, officer, or 
        employee; or
            (B) the interests of any corporation, partnership, entity, 
        or organization in which such director, officer, or employee--
                    (i) is an officer, director, or trustee; or
                    (ii) has any direct or indirect financial interest.
    (d) Tax Exempt Status.--For purposes of section 501(c)(3) of title 
26 of the United States Code, the Foundation shall be treated as 
organized and operated exclusively for charitable purposes in calendar 
years 1998 and 1999. For calendar years 2000 and thereafter, the 
Foundation shall be required to maintain its tax exempt status in the 
manner as prescribed by the Secretary of the Treasury for similar tax 
exempt organizations.
    (e) Board of Directors and Governance of the Foundation.--
            (1) The Foundation shall have a governing Board of 
        Directors (hereinafter referred to as the ``Board''), which 
        shall consist of nine Directors, each of whom shall be a United 
        States citizen and none of whom shall be an employee of the 
        Federal government. Members of the Board shall be appointed by 
        the Secretary and shall be educated in or have actual 
        experience in natural or cultural resource management, 
        recreation management, or law. To the extent practicable, the 
        membership of the Board shall represent diverse points of view 
        relating to natural and cultural resource issues. The Secretary 
        or a designee shall serve as a liaison to the Board. 
        Appointment to the Board shall not constitute employment by, or 
        the holding of an office of, the United States for the purposes 
        of any Federal law.
            (2) Within one year after the date of enactment of this 
        Act, the Secretary shall appoint the initial members of the 
        Board of Directors. Of these initial members, three shall be 
        appointed for a term of two years, three members shall be 
        appointed for a term of three years, and three members shall be 
        appointed for a term of four years. All subsequent appointments 
        to the Board shall be for a term of four years.
            (3) The Chairperson shall be elected by the Board from its 
        members. A chairperson shall serve for a two-year term and may 
        be re-elected to the post during the Chairperson's tenure as a 
        Director.
            (4) A majority of the current voting membership of the 
        Board shall constitute a quorum for the transaction of 
        business.
            (5) The Board shall meet at the call of the Chairperson at 
        least once a year. If a Director misses three consecutive 
        regularly scheduled meetings, that individual may be removed 
        from the Board by majority vote of the Board of Directors and 
        that vacancy filled in accordance with paragraph (2) of this 
        subsection.
            (6) Voting members of the Board shall serve without pay, 
        but may be reimbursed for the actual and necessary traveling 
        and subsistence expenses incurred by them in the performance of 
        their duties for the Foundation. Such reimbursement may not 
        exceed such amount as would be authorized under section 5703 of 
        title 5, for the payment of expenses and allowances for 
        individuals employed intermittently in the Federal Government 
        service.
            (7) The Board may complete the organization of the 
        Foundation by appointing employees, adopting a constitution and 
        bylaws consistent with the purposes of the Foundation and the 
        provisions of this section, and undertaking such acts as may be 
        necessary to function and carry out the provisions of this 
        section.
            (8) Officers and employees shall not be appointed or hired 
        by the Board until the Foundation has sufficient funds to pay 
        for their services. Such officers or employees of the 
        Foundation shall not be considered Federal employees for any 
        purpose, including the provisions of title 5, governing 
        appointments in the competitive service, and may be paid 
        without regard to the provisions of chapter 51 and subchapter 
        III of chapter 53 of such title relating to classification 
and General Schedule pay rates, except that no individual so appointed 
may receive pay in excess of the annual rate of basic pay in effect for 
Level V of the Executive Schedule.
            (9) Prior to the appointment or hiring of any other 
        individual, the Board shall appoint an individual to serve as 
        the Executive Director of the Board, who shall serve at the 
        direction of the Board as its chief operating officer and who 
        shall be knowledgeable and experienced in matters relating to 
        natural and cultural resource management.
    (f) Corporate Powers and Obligations.--
            (1) The Foundation--
                    (A) shall have perpetual succession;
                    (B) may conduct business throughout the several 
                States, territories, and possessions of the United 
                States;
                    (C) shall have its principal offices in the 
                Washington, D.C. metropolitan area; and
                    (D) shall at all times maintain a designated agent 
                in the District of Columbia authorized to accept 
                service of process for the Foundation.
            (2) The serving of notice to, or service of process upon, 
        the agent required under this subsection, or mailed to the 
        business address of such agent, shall be deemed as service upon 
        or notice to the Foundation.
            (3) The Foundation shall have an official seal selected by 
        the Board which shall be judicially noticed.
            (4) To carry out its purposes, the Foundation shall have, 
        in addition to powers otherwise authorized under this section, 
        the usual powers of a corporation in the District of Columbia, 
        including the power--
                    (A) to accept, receive, solicit, hold, administer 
                and use any gift, devise, or bequest, either absolutely 
                or in trust, of real or personal property or any income 
                therefrom or other interest therein;
                    (B) to acquire by purchase or exchange any real or 
                personal property or interest therein;
                    (C) unless otherwise required by the instrument of 
                transfer, to sell, donate, lease, invest, reinvest, 
                retain or otherwise dispose of any property or income 
                therefrom;
                    (D) to sue and be sued, and complain and defend 
                itself in any court of competent jurisdiction, except 
                that the Directors of the Board shall not be personally 
                liable, except for gross negligence;
                    (E) to enter into contracts or other arrangements 
                with public agencies, private organizations, and 
                persons and to make such payments as may be necessary 
                to carry out its functions; and
                    (F) to do any and all acts necessary and proper to 
                carry out the purposes of the Foundation.
    (g) Property.--
            (1) The Foundation may acquire, hold, and dispose of lands, 
        waters, or other interests in real property by donation, gift, 
        devise, purchase or exchange. For the purposes of this section, 
        an interest in real property shall include, but not be limited 
        to, mineral and water rights, rights of way, and easements 
        appurtenant or in gross. Nothing in this section shall be 
        construed to be applied to real or personal property of the 
        United States of America.
            (2) No lands or waters, or interests therein, that are 
        owned by the Foundation and are determined by the Secretary to 
        be valuable for purposes established in this section shall be 
subject to condemnation by any State or political subdivision, or any 
agent or instrumentality thereof.
    (h) Administrative Support.--The Secretary may reimburse the 
Foundation for expenses incurred pursuant to subsection (e) of this 
section, except that reimbursement for traveling and subsistence 
payments may not exceed then current Federal Government per diem rates.
    (i) Audits and Report Requirements.--
            (1) For purposes of the Act entitled ``An Act for audit of 
        accounts of private corporations established under Federal 
        law'', approved August 30, 1964 (36 U.S.C. 1101 through 1103; 
        Public Law 88-504) the Foundation shall be treated as a private 
        corporation established under Federal law.
            (2) The Foundation shall transmit to the Secretary each 
        year a report of its proceedings and activities of the previous 
        year, including a full and complete statement of its receipts, 
        expenditures, and investments.
    (j) Release From Liability.--The United States shall not be liable 
for any debts, defaults, acts or omissions of the Foundation nor shall 
the full faith and credit of the United States extend to any 
obligations of the Foundation.
    (k) Activities of the Foundation and Army Corps of Engineers.--The 
activities of the Foundation, authorized under the provisions of this 
Act shall be supplemental to and shall not preempt any authority or 
responsibility of the Army Corps of Engineers under any other provision 
of law.
    (l) Authorization of Appropriations.--For the purposes of 
reimbursing the Foundation for certain costs, as provided for in 
subsection (h) of this section, there is authorized to be appropriated 
to the Department of the Army $300,000 for each of fiscal years 1999, 
2000, and 2001.

SEC. 17. REGULATORY PROGRAM FUNDING.

    (a) The Secretary shall establish and collect fees from permit 
applicants for the evaluation of commercial permit applications; the 
preparation of Environmental Impact Statements as required by the 
National Environmental Policy Act of 1969 in connection with such 
commercial permit applications; and the delineation of wetlands for 
major developments affecting wetlands.
    (b) There is hereby established as a special account in the 
Treasury of the United States the ``Army Civil Works Regulatory Program 
Account'' (hereafter referred to as the ``Regulatory Program Account'') 
into which shall be deposited fees collected by the Secretary pursuant 
to subsection (a) of this section. Amounts deposited into the 
Regulatory Program Account shall be available to the Secretary, as 
provided in Appropriation Acts, to apply toward the costs incurred by 
the Department of the Army in administering laws pertaining to the 
regulation of the navigable waters of the United States including 
wetlands, in addition to appropriations otherwise available for the 
same purpose.

SEC. 18. FLOOD MITIGATION NEAR PIERRE, SOUTH DAKOTA.

    (a) General.--(1) To provide full operation 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 other 
purposes'' approved December 22, 1944, 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, provided that non-Federal 
interests pay 35 percent of the cost of the work. Any lands that are 
acquired under this authority will be kept in public ownership and will 
be dedicated and maintained in perpetuity for a use that is compatible 
with any remaining flood threat.
    (2) The Secretary may not obligate funds to implement this section 
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. This report 
should be completed no later than one year after funding is made 
available. The report and implementation plan should be coordinated 
with the Federal Emergency Management Agency, and both should be 
prepared in consultation with other Federal agencies, and State and 
local officials, and residents. Such report should take into account 
information from prior and ongoing studies.
    (b) Study Cost-Sharing Requirements.--The cost of studies conducted 
under this authority shall be shared in accordance with section 105 of 
the Water Resources Development Act of 1986 (100 Stat. 4088-4089), as 
amended.
    (c) Authorization for Appropriations.--There is authorized to be 
appropriated to carry out this section funds not to exceed $25,000,000.

SEC. 19. LOWER MISSOURI RIVER AQUATIC RESTORATION PROJECTS.

    (a) In General.--Not later than one year after funds are made 
available for such purposes, the Secretary shall finalize a 
comprehensive report--
            (1) identifying a general implementation strategy and 
        overall plan for environmental restoration and protection along 
        the Lower Missouri River between Gavins Point Dam and the 
        confluence of the Missouri and Mississippi Rivers; and
            (2) recommending individual environmental restoration 
        projects that can be considered by the Secretary for 
        implementation under section 206 of the Water Resources 
        Development Act of 1996 (110 Stat. 3679-3680).
    (b) Scope of Projects.--Any environmental restoration projects 
carried out pursuant to subsection (a) shall provide for such 
activities and measures as the Secretary determines to be necessary to 
protect and restore fish and wildlife habitat without adversely 
affecting private property rights or water related needs of the region 
surrounding the Missouri River, including flood control, navigation, 
and enhancement of water supply and shall include some or all of the 
following components:
            (1) modification and improvement of navigation training 
        structures to protect and restore fish and wildlife habitat;
            (2) modification and creation of side channels to protect 
        and restore fish and wildlife habitat;
            (3) restoration and creation of island fish and wildlife 
        habitat;
            (4) creation of riverine fish and wildlife habitat; and
            (5) physical and biological monitoring for evaluating the 
        success of the projects.
    (c) Coordination.--The Secretary shall, to the maximum extent 
practicable, integrate projects carried out in accordance with this 
section with other Federal, tribal, and State restoration activities.
    (d) Cost Sharing.--The report to be carried out pursuant to 
subsection (a) shall be undertaken at full Federal expense.

SEC. 20. PAYMENT OPTION, MOOREFIELD, WEST VIRGINIA.

    The Secretary may permit the non-Federal sponsor for the project 
for flood control, Moorefield, West Virginia, to pay without interest 
the remaining non-Federal cost over a period not to exceed thirty years 
to be determined by the Secretary.
                                 <all>