[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.
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