[Congressional Record Volume 140, Number 123 (Wednesday, August 24, 1994)]
[House]
[Page H]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: August 24, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. McCAIN:
  S. 2417. A bill to amend the Balanced Budget and Emergency Deficit 
Control Act of 1985 and the Congressional Budget Act of 1974 to limit 
consideration of nonemergency matters in emergency legislation; to the 
Committee on the Budget and the Committee on Governmental Affairs, 
jointly, pursuant to the order of August 4, 1977, with instructions 
that if one committee reports, the other committee will have 30 days to 
report or be discharged.


                 emergency spending control act of 1994

 Mr. McCAIN. Mr. President, I introduce legislation, recently 
approved by the House of Representatives, which would establish 
procedures to ensure that emergency appropriations bills are not loaded 
with nonemergency items.
  Over the years, Congress has inserted funding for extraneous 
nonemergency items into bills which must pass to protect public health 
and safety and provide aid to victims of natural disasters. Because 
such emergency funding bills are not subject to discretionary spending 
budget caps, they make an attractive vehicle for members seeking to 
tack on extraneous items.
  This cynical practice takes advantage of dire circumstances and is an 
abuse of the Federal budget process. The bill would put an end to it, 
by establishing a new Budget Act point of order against any emergency 
funding bill which contains nonemergency items. Moreover, it 
establishes that the amount of any nonemergency spending in an 
emergency bill will be counted against the relevant budget caps so that 
such spending does not add to the deficit.
  Mr. President, this is a good government piece of legislation. Again, 
the House passed an identical bill by an overwhelming margin. The 
Senate should act expeditiously to do the same.
                                 ______

      By Mr. BAUCUS:
  S. 2418. A bill to improve the management of floodplains, to protect 
and restore the environment in floodplains, and for other purposes; to 
the Committee on Environment and Public Works.


floodplain management, environmental restoration, and recreation act of 
                                  1994

 Mr. BAUCUS. Mr. President, I introduce a bill which will make 
some important changes in the way we in the United States deal with 
floods. It will, in fact, reform our whole approach to the issue. These 
reforms are based on the recommendations of General Galloway of the 
U.S. Army Corps of Engineers and his task force, which recently 
conducted a comprehensive study of the causes of last year's 
devastating Midwestern flood. The bill also requires the Corps of 
Engineers to pay more attention to their recreational and environmental 
responsibilities.


                       effects of flood disasters

  Since the 19th century, we have relied on the concept of flood 
control. Naively, or arrogantly, we assumed we could prevent natural 
disasters like floods completely. We have now learned to our cost that 
we cannot.
  A little less than a year ago, the flaws in the flood control policy 
caught up with us. The waters on the Mississippi and Missouri Rivers 
rose to their highest levels in more than 100 years. In some towns, 
they were higher than that. They topped records that only science and 
archeology can determine.
  It was the biggest flood in 500 years. It caused over $12 billion in 
damage to homes, farms, and communities. The Federal Government spent 
over $6 billion on relief.
  And as President Clinton said last month, in a natural disaster ``the 
biggest tragedy is always the human tragedy.'' Last year's flood killed 
at least 38 people. This year we lost 30 more in Georgia, Florida, and 
Alabama. The cost goes beyond deaths--to people made homeless, to 
families made dependent on handouts, to incomes crippled, to 
communities broken.


             government policy contributes to flood damage

  There is another dimension to these tragedies. Few of us like to talk 
about it. Few of us even want to admit that it exists. And this 
dimension is the contribution of Government policies to flood 
disasters.
  A flood bigger than any in recorded history may be simply a freak of 
nature. But it may also be a sign of a basically mistaken approach, 
which makes floods rare but much more devastating than they would 
otherwise be. General Galloway's task force found that the latter is 
the case.

  In the past, Government incentive policies encouraged people to move 
to flood plains. And Government building policies made floods rare but 
large. What were the ingredients?
  First, levees. Flood plain land is good agricultural land. At one 
time, it was too dangerous to farm. But levees, many of them built as 
public works projects during the Great Depression, made farming in 
flood plains too tempting to resist.
  Second, destruction of wetlands. For many years, we thought of 
wetlands as worthless swamp. We enacted no laws to protect them. In 
fact, we tried to drain them. Well, we have found that swamps are 
anything but worthless. In fact, wetlands are natural sponges. In a 
natural state, they are the reason we had no disasters like last year's 
Missouri flood in over 500 years.
  Third, easily available flood insurance. You can get insurance on 
only 5 days notice. So most people figure they can put off buying it 
until the flood waters start rising. But buying flood insurance is not 
the first thing you think of when they begin to prepare for floods. So 
most people never have it when they need it. That means that taxpayers 
rather than insurance must foot the bill for relief after a flood.
  Finally, Government actions may have made flood losses worse in some 
areas. Structures built by the Government along river banks fuel the 
pace of the water flows.


                       we cannot afford a repeat

  The human and financial tolls of these flood policies are too great. 
The suffering of the flood victims in the Midwest and in Georgia and 
Florida shows that the time has come for reform.
  Floods are natural disasters caused by forces beyond our control. But 
if we reform our flood practices, we can reduce the cost in lives and 
property when floods occur. This does not mean doing away with all 
levees and other structural solutions. But it does mean that levees 
should not be an automatic choice for protecting against floods.
  Therefore, before people begin building again on the flood plain; 
before communities raise matching funds for levees; before we throw 
ourselves back into the policies of the last century; we must develop a 
new strategy. One that will take our economy, and our natural 
resources, into the next century.


                         learning from the past

  We need to learn from these disasters so that when the next flood 
occurs, fewer people get hurt. What the Environment and Public Works 
Committee learned from the report of General Galloway's task force and 
from two hearings recently held on this subject is that in future, we 
need to manage floods, not try to control them.
  The time for action is now--when we have the opportunity to prevent 
future disasters. Congress still has time to incorporate some of the 
recommendations of the flood task force into current law, and we have 
an obligation to move quickly.
  These reforms will force no farmer to leave the flood plain. But they 
will help those who do want to move. And I think farmers in these areas 
should think over their choices carefully.
  President Clinton said the flood in Georgia should not make more good 
farmers leave their land. I disagree. Recurring floods are a good 
reason for anybody to consider moving to higher ground. And we ought to 
do all we can to relocate farmers who want to move, and offer 
incentives for farmers in flood prone areas to relocate.
  And while this debate will go on for some time, we may need to make 
tough choices about letting people stay in areas where no amount of 
flood protection is sufficient or economically feasible.
  But I believe that we can strike the right balance. This bill will 
put new technology and new ideas to work. It will find new means to 
leverage private investments. And most important of all, it will change 
the current worn-out ways of doing business. Altogether, this bill will 
bring the management of this country's floodplains out of the 19th and 
into the 21st century.


                recreation and environment and the corps

  A second set of important reforms is contained in this bill. The fact 
is that all the flood control structures the Corps of Engineers builds 
take a tremendous toll on the ecosystems they are in. And what little 
authority the corps has to make its current projects more 
environmentally sensitive, the Corps does not use. This bill addresses 
both those problems.
  Moreover, the corps is now the largest provider of water based 
recreation in the Nation. But it does not live up to its 
responsibilities in this area. That is not news to citizens in my home 
State of Montana, where local residents face unsafe conditions at corps 
reservoirs. This bill will force the corps to give recreation its due. 
It will also give the Corps of Engineers the tools to get the job done.
  Mr. President, I urge my colleagues to support this legislation.
  Mr. President, I ask unanimous consent that the text of the bill and 
a summary be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 2418

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

Sec. 1. Short title; table of contents.
Sec. 2. Definition of Secretary.

                     TITLE I--FLOODPLAIN MANAGEMENT

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

           TITLE II--ENVIRONMENTAL PROTECTION AND RECREATION

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

     SEC. 2. DEFINITION OF SECRETARY.

       As used in this Act, the term ``Secretary'' means the 
     Secretary of the Army.
                     TITLE I--FLOODPLAIN MANAGEMENT

     SEC. 101. WATER RESOURCES COUNCIL.

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

     ``SEC. 401. AUTHORIZATION OF APPROPRIATIONS.

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

     SEC. 102. UPPER MISSISSIPPI RIVER SYSTEM FLOOD MANAGEMENT.

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

     SEC. 103. LOWER MISSISSIPPI RIVER SYSTEM FLOOD MANAGEMENT.

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

     SEC. 104. MISSOURI RIVER BASIN ASSOCIATION.

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

     SEC. 105. STUDIES.

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

     SEC. 106. RIVER BASIN MANAGEMENT PLANS.

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

     SEC. 107. DETERMINATION OF FLOOD CONTROL BENEFITS.

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

     SEC. 108. USE OF FUNDS FOR NONSTRUCTURAL MEASURES.

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

       ``(I) if the Secretary demonstrates, to the satisfaction of 
     the Council, that there are an insufficient number of 
     appropriate nonstructural measures on which to expend the 
     full amount of the funds; and
       ``(II) only to the extent that the minimum funding level 
     cannot be met because of the insufficiency.

       ``(E) Cost share for nonstructural measures.--The Federal 
     share of the cost of an activity relating to a nonstructural 
     measure carried out under this paragraph shall be 75 percent. 
     The non-Federal interests with respect to such a measure 
     shall provide all land, easements, rights-of-way, dredged 
     material disposal areas, and relocations necessary for the 
     measure, but shall not be required to contribute any amount 
     in cash during the construction or implementation of the 
     measure.''.

     SEC. 109. LEVEE MAINTENANCE AND REPAIR PROGRAM.

       Section 5(a) of the Act entitled ``An Act authorizing the 
     construction of certain public works on rivers and harbors 
     for flood control, and for other purposes'', approved August 
     18, 1941 (33 U.S.C. 701n(a)) (as amended by section 108), is 
     further amended by adding at the end the following new 
     paragraphs:
       ``(4) Levee maintenance and repair program.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the Secretary shall coordinate and carry out repair and 
     rehabilitation of a levee, after the levee is damaged by a 
     flood or other natural disaster, if the State or local 
     interest with respect to the levee--
       ``(i) participates in the national flood insurance program 
     established under chapter 1 of the National Flood Insurance 
     Act of 1968 (42 U.S.C. 4011 et seq.) with respect to the 
     levee;
       ``(ii) carries out routine operation and maintenance and 
     upkeep of the levee;
       ``(iii) in the case of a levee that provides 100-year flood 
     protection, requires all properties protected by the levee to 
     comply with the national flood insurance program;
       ``(iv) in the case of a levee that provides less than 100-
     year flood protection, requires insurance on all structures 
     and crops protected by the levee;
       ``(v) with respect to the repair and rehabilitation, meets 
     the cost-sharing requirements for flood control projects 
     specified in section 103(a) of the Water Resources 
     Development Act of 1986 (33 U.S.C. 2213(a)), except that the 
     minimum non-Federal share shall be 20 percent;
       ``(vi) provides for appropriate environmental enhancements 
     to the land protected by the levee, in coordination with 
     appropriate Federal and State agencies;
       ``(vii) does not raise the height of the levee immediately 
     preceding or during a flood without the prior agreement of 
     the State and the Army Corps of Engineers; and
       ``(viii) in the case of a levee not previously subject to 
     the engineering standards of the Army Corps of Engineers (as 
     of the day before the date of the damage), brings the levee 
     into compliance with the standards.
       ``(B) Ineligible levees.--A levee shall not be eligible for 
     Federal assistance under subparagraph (A) if the Secretary 
     determines that the levee--
       ``(i) is in a hydrologically inappropriate location, as 
     determined pursuant to the study required under section 
     105(a)(2) of the Floodplain Management, Environmental 
     Restoration, and Recreation Act of 1994;
       ``(ii) is inconsistent with the Economic and Environmental 
     Principles and Guidelines for Water and Related Land 
     Resources Implementation Studies after the revision of the 
     Principles and Guidelines pursuant to section 204(a) of such 
     Act; or
       ``(iii) should be replaced with 1 or more nonstructural 
     measures.
       ``(C) Levee owners manual.--
       ``(i) In general.--Not later than 1 year after the date of 
     enactment of this paragraph, the Secretary shall prepare a 
     manual describing the maintenance and upkeep responsibilities 
     that the Army Corps of Engineers requires of a non-Federal 
     interest in order for the non-Federal interest to receive 
     Federal assistance under this paragraph, including 
     responsibilities relating to compliance with the Principles 
     and Guidelines referred to in subparagraph (B)(ii). The 
     Secretary shall provide a copy of the manual to each non-
     Federal interest that receives Federal assistance under this 
     paragraph.
       ``(ii) Prohibition on delegation.--The preparation of the 
     manual shall be carried out under the personal direction of 
     the Secretary and may not be delegated below the position of 
     the Assistant Secretary of the Army having responsibility for 
     civil works.
       ``(iii) Authorization of appropriations.--There are 
     authorized to be appropriated $1,000,000 to carry out this 
     subparagraph.
       ``(5) Local cost-share credit for in-kind contributions.--
       ``(A) In general.--In meeting the cost-sharing requirements 
     of an activity assisted by the Secretary under paragraph (3) 
     or (4), the non-Federal interest may--
       ``(i) accept from any source contributions of funds, 
     materials, services, and other items of value, and in-kind 
     contributions, for the purpose of providing a portion of the 
     non-Federal share of the cost of the activity; and
       ``(ii) provide a noncash contribution described in clause 
     (i) for that purpose.
       ``(B) Determination of value.--A noncash contribution 
     described in subparagraph (A) may be credited towards the 
     non-Federal share of the cost of the activity if the 
     contribution has a positive impact on the activity. The value 
     of the contribution shall be determined in advance of the 
     crediting of the contribution by mutual agreement of the Army 
     Corps of Engineers and the non-Federal interest. If the Army 
     Corps of Engineers denies credit for a contribution, the 
     denial may be appealed to the Secretary.
       ``(6) Definitions.--As used in this subsection:
       ``(A) Maintenance and upkeep.--The term `maintenance and 
     upkeep' means all maintenance and general upkeep of a levee 
     performed on a regular and consistent basis that is not 
     repair and rehabilitation.
       ``(B) Nonstructural measure.--The term `nonstructural 
     measure' means--
       ``(i) the floodproofing of a structure;
       ``(ii) a flood warning system;
       ``(iii) floodplain regulation and management;
       ``(iv) the acquisition of floodplain land for recreational, 
     fish and wildlife, riparian restoration, wetlands 
     restoration, or other public purposes;
       ``(v) relocation; and
       ``(vi) any other measure not involving a structure that is 
     designed to or has the effect of changing the natural flow of 
     a river that floods.
       ``(C) Repair and rehabilitation.--The term `repair and 
     rehabilitation'--
       ``(i) except as provided in clause (ii), means the 
     rebuilding or repair of a levee or other flood control 
     structure, after the structure has been damaged by a flood, 
     to the level of protection provided by the structure before 
     the flood; and
       ``(ii) does not include--

       ``(I) any improvement to the structure; or
       ``(II) rebuilding or repair described in clause (i) if, in 
     the normal course of usage, the structure becomes 
     structurally unsound and is no longer fit to provide the 
     level of protection for which the structure was designed.

       ``(D) Secretary.--The term `Secretary' means the Secretary 
     of the Army.''.

     SEC. 110. MISSOURI RIVER FLOODWAY PROJECT.

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

     SEC. 111. BUY-OUT FUNDING.

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

     SEC. 112. WATERSHED APPROACH TO FLOOD LOSS REDUCTION.

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

     SEC. 201. FINDINGS.

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

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

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

     SEC. 203. AQUATIC ECOSYSTEM RESTORATION.

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

     SEC. 204. REVISION OF PRINCIPLES AND GUIDELINES.

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

     SEC. 205. SMALL RECREATION AND ENVIRONMENTAL PROJECTS.

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

     SEC. 206. COST SHARE FOR RECREATION PROJECTS.

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

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

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

     SEC. 208. REBUILDING RECREATIONAL FACILITIES AFTER RESERVOIR 
                   DRAWDOWNS.

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


Section-by-Section Summary of the Floodplain Management, Environmental 
                 Restoration and Recreation Act of 1994


                     title I--floodplain management

       Section 101 resuscitates the Water Resources Council to 
     coordinate and ensure the consistency of national programs 
     for flood control and flood emergency assistance. The Council 
     will be chaired by the Chairperson of the Council on 
     Environmental Quality. This action was specifically 
     recommended in the Galloway Report.
       Section 102 creates a Flood Management Program for the 
     Upper Mississippi region similar to the environmental 
     management program established in Section 1103 of the 1986 
     WRDA. The Galloway Report recommended that the Corps 
     coordinate with the States on a regional basis to plan for 
     flood mitigation.
       Section 103 creates a Flood Management Program for the 
     Lower Mississippi River system. It also requires the Corps of 
     Engineers to devise a system plan for flood management in the 
     Lower Mississippi region, and requires that this be done as 
     part of the Environmental Management Program. The Galloway 
     Report recommended that the Corps conduct regional flood 
     management and planning and consult with the States and 
     encourage them to plan as well.
       Section 104 creates a Missouri River Basin Association for 
     the purposes of achieving regional planning and coordination 
     for all the competing uses and interests along the Missouri 
     River. It also creates a Flood Management Program for the 
     Missouri River system. It requires the Corps of Engineers to 
     devise a system plan for flood management in the Missouri 
     River region, and requires that this be done as part of the 
     Environmental Management Program. The Galloway Report 
     recommended that the Corps conduct regional flood management 
     and planning and consult with the States and encourage them 
     to plan as well. Currently, no regional planning body exists 
     for the Missouri River system. This is not intended to impact 
     the Master Manual Review process currently ongoing in the 
     Corps of Engineers Missouri River Division.
       Section 105 directs the Secretary of the Army to conduct, 
     under his personal supervision, four studies--(1) a survey of 
     levies in the Upper Mississippi region; (2) a hydrological 
     study of the Upper Mississippi River region to determine how 
     the levies affect each other and river flows; (3) a study of 
     how local drainage systems impact floods; and (4) a study of 
     which areas are the most floodprone in Mississippi and 
     Missouri River regions. These studies were recommended in the 
     Galloway Report.
       Section 106 requires the Corps, using the information 
     gathered in the studies required by Section 105 and other 
     information they have available, create comprehensive river 
     basin management plans that address the long term ecological, 
     economic, and flood control needs of each of the Upper 
     Mississippi, Lower Mississippi, and Missouri river basins.
       Section 107 prohibits the Corps of Engineers from counting 
     the economic benefit of future development in the 100 year 
     floodplain in order to justify building further flood control 
     projects. The Galloway Report recommends that Government 
     incentives for additional development in the floodplain be 
     eliminated.
       Section 108 authorizes the Corps of Engineers to use its 
     levee repair funds for building non-structural measures to 
     replace structural ones after a flood, and requires that 15% 
     of the monies the Corps spends on flood control (excluding 
     specific flood control projects) each year be used to 
     construct and implement non-structural measures. If the Corps 
     of Engineers cannot meet the 15% amount, then the Secretary 
     can apply to the Water Resources Council for a waiver. The 
     Galloway Report recommends that the Corps of Engineers 
     increasingly use non-structural measures to prevent flood 
     losses.
       Section 109 sets the criteria for eligibility for the Corps 
     of Engineers' levee repair program. Among these criteria are 
     that local sponsors pay for 25% of the cost of the repair, 
     that the land and improvements protected by the levee be 
     covered by insurance, and that the local sponsor maintain the 
     levee up to Corps standards. In order to assist local 
     governments wanting to participate in the program, in-kind 
     contributions will be permitted to count toward the non-
     federal share, and the Corps is required to develop an 
     ``Owner's Manual'' to give guidance to local governments on 
     proper maintenance and operation of levees. The Galloway 
     Report specifically recommends these criteria for the levee 
     repair program.
       Section 110 directs the Secretary to create a Missouri 
     River Floodway by purchasing land from willing sellers to 
     create wetlands and rebuild riparian habitat on the Missouri 
     so that water will be held where it falls rather than being 
     flushed downstream and into the Mississippi, thereby 
     exacerbating flooding. $8 million dollars is authorized 
     annually for 10 years for this purpose, and 20% of the cost 
     must be paid by non-Federal interests. The Galloway Report 
     supports the practice of wetlands creation in order to 
     minimize flooding.
       Section 111 authorizes the Corps of Engineers to spend up 
     to $25 million to buy out willing sellers in flood prone 
     areas in any region of the country. The Galloway Report 
     recommended more money for buyouts from willing sellers.
       Section 112 requires that the Secretary, in planning, 
     designing, and constructing flood control projects, shall 
     work with States to adopt a watershed approach in reducing 
     flood losses. The Galloway Report recommends that States get 
     involved in watershed flood planning.


           title ii--environmental protection and recreation

       Section 201 states that environmental protection and 
     recreation are missions of the Corps of Engineers that are as 
     important as other missions that the Corps performs, such as 
     navigation and flood control.
       Section 202 requires that the Secretary of the Army 
     identify every year five project modifications which are 
     environmental restoration projects in river systems impacted 
     by the construction and operation of water resources and 
     navigation projects (Section 1135 projects), and report to 
     Congress on those projects. In addition, it permits in-kind 
     contributions to count toward the local cost share of 
     environmental restoration projects.
       Section 203 makes restoration of aquatic ecosystems a 
     mission of the Corps of Engineers. The local cost share for 
     these projects will be 50/50. But for projects of critical 
     national interest, the Federal share of the cost will be 75%. 
     $15 million is authorized for this purpose, and the Secretary 
     of the Army is directed to seek funds for these projects from 
     other agencies.
       Section 204 requires that the Secretary of the Army to 
     revise the ``Principles and Guidelines'' to establish 
     environmental and economic benefits as co-equal objectives 
     for water resources projects considered by the Corps of 
     Engineers. It also creates and advisory council to advise the 
     Secretary on this subject.
       Section 205 gives the Secretary authority to construct 
     small recreation projects without specific authorization from 
     Congress. It permits the Corps to use up to $40 million of 
     appropriated but unobligated general construction funds to 
     build these projects. This mirrors a similar authority for 
     the Corps to construct small flood control projects.
       Section 206 changes the local cost share requirement for 
     recreation and environmental projects from 50% to 25%.
       Section 207 permits non-federal sponsors of projects to 
     count in-kind contributions, such as labor and materials, 
     toward the local cost share requirement for a project. 
     Currently, the Corps can accept in-kind contributions, but 
     they cannot count as the local contribution to a project. 
     Non-federal sponsors must nevertheless must pay 5% of the 
     cost in cash.
       Section 208 gives the Secretary authority to rebuild 
     recreation facilities that are made unserviceable due to 
     reservoir drawdowns and releases made for any purpose. The 
     Secretary must seek monies from other agencies, such as the 
     Fish and Wildlife Service, to help defray some of these 
     costs.
                                 ______

      By Mr. PELL (for himself, Mr. Moynihan, Mr. Stevens, and Mr. 
        Hatfield):
  S. 2419. A bill entitled the ``Library of Congress Financial Reform 
Act of 1994''; to the Committee on Rules and Administration.


                library of congress financial reform act

 Mr. PELL. Mr. President, I rise today in my capacity as the 
vice chairman of the Joint Committee on the Library of Congress to 
introduce the Library of Congress Financial Reform Act of 1994. Joining 
me as cosponsors are fellow Senate members of the Joint Committee, 
Senator Moynihan, Senator Stevens, and Senator Hatfield. This 
legislation, which we introduce at the request of the Librarian of 
Congress, primarily assists the Library to continue to make needed 
improvements in its financial management and administration.
  This bill replaces and fundamentally revises S. 345, the Library of 
Congress Fund Act, which I introduced also at the request of the 
Librarian in the first session of the 103d Congress. Certain aspects of 
that bill proved to be controversial, most notably the authority to 
establish electronic access to the content of the collections as a 
priced service. This new bill does not ask for such authority. The 
Library has worked closely with the various library and information 
communities to assure that this legislation meets their concerns.
  One of the main purposes of the bill is to make the Library fully 
responsive to the recommendations of the General Accounting Office 
which found significant problems in the Library's financial management 
and accounting procedures, during the course of a 1991 audit conducted 
at the request of the Librarian.
  Title I establishes a Library of Congress Revolving Fund which will 
service the various Library programs that are currently supported by 
fee service gift funds and the reimbursable programs operated by the 
Federal Research Division and the Federal Library and Information 
Center Committee [FLICC] under the authority of the Economy Act. The 
GAO audit found that the Library lacked sufficient statutory authority 
for its revolving fund activity, and this title corrects that problem.

  Title II updates and clarifies the language of 2 United States Code 
150, written 1902, which focused on the distribution of surplus catalog 
cards as the primary means of selling cataloging data. Today, the 
principal cataloging products sold by the Library are electronic tapes 
and discs, although conventional catalog cards can be obtained by 
libraries which have not converted to electronic cataloging. The 
Library of Congress develops these products to catalog and access its 
own collections, and once having done so, shares them at little cost 
with other libraries across the country. This title would authorize the 
Library to recover costs of distributing these products, and in doing 
so the Library estimates that it can leverage the $3.3 million which is 
appropriated for development of the products into revenues of $7.5 
million. This title also allows excess receipts from 1 year's sales to 
remain available in succeeding years to assure a more stable financial 
base for operation. The amount of receipts available to the Library in 
each fiscal year will continue to be controlled through the annual 
appropriations process.
  Title III is a revised version of another bill I introduced in this 
Congress, S. 1665, the Retention of Proceeds Act. It allows the Library 
to retain, for its own use, income received from two sources: First, 
sales of surplus materials, and second, restitution for lost, stolen, 
or destroyed material from the collections. The title also allows the 
Library to sell surplus materials under very limited circumstances.
  Title IV amends the Library's Trust Fund Board Act to permit the 
Librarian, with the Trust Fund Board's knowledge and approval, to 
invest gift funds in the same manner as the Board now invests. The bill 
raises the cap on the amount of funds that the Board may invest from 
$10 million to $30 million.
  Title V amends the law that terminated the Copyright Royalty Tribunal 
and transferred those functions to the Copyright Arbitration Royalty 
Panels administered by the Copyright Office and the Library of 
Congress. The proposed changes are technical in nature and are intended 
to correct oversights in the law.
  Mr. President, I am advised that the Librarian of Congress and his 
staff have done a systematic job of purifying previous financial reform 
legislation which had become mired in controversy. The bill we are 
offering today meets the basic requirements for new authority which the 
Library needs, while avoiding the problems which plagued the prior 
efforts. It deserves prompt consideration.
                                 ______

      By Mr. INOUYE
  S. 2420. A bill to amend the Organic Act of Guam to provide for 
restitution to the people of Guam who suffered atrocities such as 
personal injury, forced labor, forced marches, internment, and death 
during the occupation of Guam during World War II, and for other 
purposes; to the Committee on the Judiciary.


                        guam war restitution act

 Mr. INOUYE. Mr. President, July 21, 1994 marked the 50th 
anniversary of the liberation of Guam from Japanese occupation in 1944. 
As part of Japan's assault against the Pacific, Guam was bombed and 
invaded by Japanese forces within 3 days of the infamous attack on 
Pearl Harbor. At that time, Guam was administered by the United States 
Navy under the authority of a Presidential Executive Order. It was also 
populated by then American nationals. For the first time since the War 
of 1912, a foreign power invaded U.S. soil. For nearly 3 years, the 
people of Guam endured wartime atrocities and suffering.
  In 1952, when the United States signed a peace treaty with Japan, 
formally ending World War II, it waived the rights of American 
nationals, including those of Guamanians, to present claims against 
Japan. As a result of this action, American nationals were forced to 
seek relief form the Congress of the Untied States.
  Today, I introduce the Guam War Restitution Act, which would amend 
the Organic Act of Guam and provide restitution to those who suffered 
atrocities during the occupation of Guam in World War II. An identical 
bill, H.R. 4741, was introduced in the House of Representatives by 
Representative Robert Underwood.
  The Guam War Restitution Act would establish a Guam restitution 
claims fund which would provide specific damage awards to those 
individuals who are survivors of the war, and to the heirs of those who 
died during the war. The specific damage awards would be as follows: 
First, $20,000 for the category of death; second, $7,000 for the 
category of personal injury; and third, $5,000 for the categories of 
forced labor, forced march, or internment.
  This act would also establish a Guam restitution trust fund to 
provide restitution to the heirs of those individuals who sustained 
injuries during the war but died after the war. Eligible heirs would 
receive restitution in the form of postsecondary scholarships, first-
time home ownership loans, and grants for other suitable purposes. In 
addition, the trust fund could provide research and public educational 
activities to honor and memorialize the wartime events of Guam.
  The United States Congress previously recognized its moral obligation 
to the people of Guam and provided reparations relief by enacting the 
Guam Meritorious Claims Act on November 15, 1945 (Public Law 79-224). 
Unfortunately, the Claims Act was seriously limited and flawed and did 
not adequately compensate Guam after World War II.
  The Claims Act primarily covered compensation for property damage and 
limited compensation for death or personal injury. Claims for forced 
labor, forced march, and internment were never compensated because the 
Claims Act excluded these from awardable injuries. The enactment of the 
Claims Act was intended to make Guam whole. The Claims Act, however, 
failed to specify postwar values as a basis for computing awards, and 
settled on prewar values which did not reflect the true postwar 
replacement costs. Also, all property damage claims in excess of 
$5,000, as well as all death and injury claims required congressional 
review and approval. This action caused many eligible claimants to 
settle for less in order to receive timely compensation. The Claims Act 
also imposed a 1-year time limit to file claims, which was insufficient 
as massive disruptions still existed following Guam's liberation. In 
addition, English was then a second language to a great many 
Guamanians. While a large number spoke English, less could read it. 
This is particularly important especially since the Land and War Claims 
Commission required written statements and often communicated with 
claimants in writing.

  The reparations program was also inadequate because it became 
secondary to overall reconstruction and the building of permanent 
military bases. In this regard, the Congress enacted the Guam Land 
Transfer Act and the Guam Rehabilitation Act (Public Laws 79-225 and 
79-583) as a means of rehabilitating Guam. The Guam Land Transfer Act 
provided the means of exchanging excess Federal land for resettlement 
purposes, and the Guam Rehabilitation Act appropriated $6 million to 
construct permanent facilities for the civil populace of the island for 
their economic rehabilitation.
  Approximately $8.1 million was paid to 4,356 recipients under the 
Guam Meritorious Claims Act. Of this amount, $4.3 million was paid to 
1,243 individuals for death, injury, and property damage in excess of 
$5,000, and $3.8 million to 3,113 recipients for property damage below 
$5,000.
  On June 3, 1947, former Secretary of the Interior Harold Ickes 
testified before the House Committee on Public Lands relative to the 
Organic Act, and strongly criticized the Department of the Navy for 
their inefficient and even brutal handling of the rehabilitation and 
compensation and war damage tasks. Secretary Ickes termed the 
procedures as shameful results.
  In addition, a committee known as the Hopkins Committee, was 
established by former Secretary of the Navy James Forrestal in 1947 to 
assess the Navy's administration of Guam and American Samoa. An 
analysis of the Navy's administration of the reparation and 
rehabilitation programs was provided to Secretary Forrestal in a March 
25, 1947 letter from the Hopkins Committee. The letter indicated that 
the Department's confusing policy decisions greatly contributed to the 
programs' deficiencies and called upon the Congress to pass legislation 
to correct its mistakes and provide reparations to the people of Guam.
  In 1948, the U.S. Congress enacted the War Claims Act of 1948--Public 
Law 80-896--which provided reparation relief to American prisoners of 
war, internees, religious organizations and employees of defense 
contractors. The residents of Guam were deemed ineligible to receive 
reparation under this act because they were American nationals and not 
American citizens. In 1950, the United States Congress enacted the Guam 
Organic Act (81-630), granting Guamanians-American citizenship and a 
measure of self-government.

  The Congress, in 1962, amended the War Claims Act to provide for 
claimants who were nationals at the time of the war and who became 
citizens. Again, the residents of Guam were specifically excluded. The 
Congress believed that the residents of Guam were provided for under 
the Guam Meritorious Claims Act. At that time, there was no one to 
defend Guam, as they had no representation in Congress. The Congress 
also enacted the Micronesian Claims Act for the Trust Territory of the 
Pacific Islands, but again excluded Guam in the settlement.
  In 1988, the Guam War Reparation Commission documented 3,365 
unresolved claims. There are potentially 5,000 additional unresolved 
claims. In 1946, the United States provided over $390 million in 
reparations to the Philippines, and over $10 million to the Micronesian 
Islands in 1971 for atrocities inflicted by Japan. In addition, the 
United States provided over $2 billion in postwar aid to Japan from 
1946 to 1951. Further, the United States Government liquidated over $84 
million in Japanese assets in the United States during the war for the 
express purpose of compensating claims of its citizens and nationals. 
the United States did not invoke its authority to seize more assets 
from Japan under article 14 of the Treaty of Peace, as other Allied 
Powers had done. The United States, however, did close the door on the 
claims of the people of Guam.
  The issue of reparations for Guam is not a new one for the people of 
Guam and for the United States Congress. It has been consistently 
raised by the Guamanian Government through local enactments of 
legislative bills and resolutions, and discussed with congressional 
leaders over the years.
  The Guam War Restitution Act cannot fully compensate or erase the 
atrocities inflicted upon Guam and its people during the occupation by 
the Japanese military. However, passage of this act would recognize our 
Government's moral obligation to Guam, and bring justice to the people 
of Guam for the atrocities and suffering they endured during World War 
II. I urge my colleagues to support this measure.
  Mr. President, I ask unanimous consent that the text of bill be 
inserted in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2420

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Guam War Restitution Act''.

     SEC. 2. AMENDMENT TO THE ORGANIC ACT OF GUAM.

       The Organic Act of Guam (48 U.S.C. 1421 et seq.) is amended 
     by adding at the end the following new section:

     ``SEC. 36. RECOGNITION OF DEMONSTRATED LOYALTY OF THE PEOPLE 
                   OF GUAM TO THE UNITED STATES, AND THE SUFFERING 
                   AND DEPRIVATION ARISING THEREFROM, DURING WORLD 
                   WAR II.

       ``(a) Application of Section.--This section applies to any 
     Guamanian who would otherwise be eligible to file a claim 
     under the first section of the Act of November 15, 1945 (59 
     Stat. 582, chapter 483), but failed to meet the 1-year time 
     limitation for filing of death or personal injury claims 
     specified in the first section of such Act, or who suffered 
     other compensable injuries if such Guamanian, an heir to such 
     Guamanian, or next of kin of such Guamanian, meets the 
     criteria for eligibility and other criteria set forth in this 
     section and otherwise meets the requirements for filing a 
     claim under this section, including meeting an applicable 
     deadline for filing the claim.
       ``(b) Definitions.--For the purposes of this section:
       ``(1) Award.--The term `award' means the amount of 
     compensation payable for a claim made by an eligible claimant 
     pursuant to subsection (d)(1).
       ``(2) Benefit.--The term `benefit' means the amount of 
     compensation payable for a claim made by an eligible claimant 
     pursuant to subsection (d)(2).
       ``(3) Board.--The term `Board' means the Guam Restitution 
     Trust Fund Board of Directors established under subsection 
     (h).
       ``(4) Claims fund.--The term `Claims Fund' means the Guam 
     Restitution Claims Fund established under subsection (f)(1).
       ``(5) Compensable injury.--The term `compensable injury' 
     means one of the following three categories of injury 
     incurred during, or as a result of, World War II:
       ``(A) Death.
       ``(B) Personal injury.
       ``(C) Forced labor, forced march, or internment.
       ``(6) Eligible claimant.--The term `eligible claimant' 
     means an individual who meets the requirements of paragraph 
     (1) or (2) of subsection (d).
       ``(7) Guamanian.--The term `Guamanian' means any individual 
     who--
       ``(A) resided in Guam during the period beginning December 
     8, 1941, and ending September 2, 1945; and
       ``(B) was a United States citizen or United States national 
     during the period specified in subparagraph (A).
       ``(8) Secretary.--The term `Secretary' means the Secretary 
     of the Interior.
       ``(9) Trust fund.--The term `Trust Fund' means the Guam 
     Restitution Trust Fund established under subsection (g)(1).
       ``(c) General Authority of Secretary and Board; 
     Requirements.--
       ``(1) In general.--The Secretary may receive, examine, and 
     render final decisions concerning claims for awards submitted 
     pursuant to subsection (d)(1) and claims for benefits 
     submitted pursuant to subsection (d)(2) in accordance with 
     this section. The Secretary may certify and disburse payments 
     from funds made available to the Secretary from the Claims 
     Fund, and the Board may certify and disburse payments from 
     funds made available to the Board from the Trust Fund, in 
     accordance with this section.
       ``(2) Required information for inclusion in claims for 
     awards and benefits.--A claim for an award or benefit under 
     this section shall be made under an oath administered by an 
     appropriate official (as determined by the Secretary). Such 
     claim shall include the following information:
       ``(A) The name and age of the claimant.
       ``(B) The village in which the claimant resided at the time 
     the compensable injury occurred.
       ``(C) The approximate date on which compensable injury was 
     incurred.
       ``(D) A brief description of the compensable injury that is 
     the subject of the claim.
       ``(E) The circumstances that resulted in the compensable 
     injury.
       ``(F) In the case of an award based on death as the 
     compensable injury, or the case of a claim for a benefit, 
     proof of the relationship of the claimant to the deceased.
       ``(3) Time limitation for reviewing and certifying 
     claims.--Upon receipt of a claim submitted pursuant to this 
     subsection, the Secretary shall examine the claim to 
     determine if the claim conforms with the requirements of 
     paragraph (2), and certify the claim if such claim conforms 
     with such requirements, as expeditiously as practicable, but 
     not later than 18 months after the date of enactment of this 
     section.
       ``(d) Eligibility.--
       ``(1) Eligibility for awards.--To be eligible for an award 
     under this section, the claimant shall meet the following 
     criteria:
       ``(A) The claimant is a living Guamanian who personally 
     received the compensable injury, except that in a claim for 
     death, a claimant may be the heir or next of kin of the 
     decedent Guamanian.
       ``(B) The claimant files a claim with the Secretary for a 
     compensable injury that meets the requirements of subsection 
     (c)(2).
       ``(C) The claimant, at the time of submission of the 
     claim--
       ``(i) furnishes proof of the compensable injury; or
       ``(ii) produces affidavits by two witnesses to the 
     compensable injury.
       ``(D) The claimant files a claim under this section by not 
     later than 1 year after the date of enactment of this 
     section.
       ``(2) Eligibility for benefits.--To be eligible for a 
     benefit under this section, the claimant shall meet the 
     following criteria:
       ``(A) The claimant is a living Guamanian who is an heir or 
     next of kin of the decedent Guamanian who personally received 
     the compensable injury and who died after September 2, 1945.
       ``(B) The claimant files a claim with the Secretary or the 
     Board for a compensable injury that meets the requirements of 
     subsection (c)(2).
       ``(C) The claimant, at the time of submission of the 
     claim--
       ``(i) furnishes proof of the compensable injury; or
       ``(ii) produces affidavits by two witnesses to the 
     compensable injury.
       ``(D)(i) Except as provided in clause (ii), the claimant 
     files a claim under this section not later than 1 year after 
     the date of enactment of this section.
       ``(ii) Any individual who proves consanguinity with a 
     claimant and who meets the criteria specified in 
     subparagraphs (A) through (C) may become eligible for a 
     prorated share of benefits accruing to such claim by filing, 
     in accordance with such procedures as the Board may 
     prescribe, a claim with the Board for such prorated share.
       ``(3) Limitation on eligibility for awards and benefits.--A 
     claimant for an award or a benefit under this section may 
     only be eligible for an award arising out of one category of 
     compensable injuries specified in subparagraph (A), (B), or 
     (C) of subsection (b)(5).
       ``(e) Payments.--
       ``(1) Certification.--The Secretary shall certify each 
     award for which a payment is made under this section. The 
     Board shall certify each benefit for which a payment is made 
     under this section.
       ``(2) Awards.--Except as provided in paragraph (7), upon 
     the certification of an award under paragraph (1), the 
     Secretary shall pay an award from funds made available to the 
     Secretary from the Claims Fund in the applicable amount 
     specified in subparagraph (A), (B), or (C) of paragraph (3) 
     to the eligible claimant who submitted the claim for the 
     award pursuant to subsection (d)(1).
       ``(3) Award amounts.--The awards paid under this subsection 
     shall be in the following amounts:
       ``(A) $20,000 for a death.
       ``(B) $7,000 for a personal injury.
       ``(C) $5,000 for forced labor, forced march, or internment.
       ``(4) Benefits.--Except as provided in subsection (d)(2)(D) 
     and paragraph (7), upon the certification of a benefit under 
     paragraph (1), the Board shall pay to the eligible claimant 
     who submitted a claim to receive a benefit under subsection 
     (d)(2) a payment from funds made available to the Board from 
     the Trust Fundin an amount equal to the full amount of the 
     benefit in the applicable amount specified in subparagraph 
     (A) or (B) of paragraph (5).
       ``(5) Benefit amounts.--The benefits paid under this 
     subsection shall be in the following amounts:
       ``(A) $7,000 for the category of personal injury.
       ``(B) $5,000 for the category of forced labor, forced 
     march, or internment.
       ``(6) Refusal to accept payment.--If a claimant refuses to 
     accept a payment under this section, no payment may be made 
     under this section to such claimant after the date on which 
     the claimant refuses the payment, and the amount of the claim 
     shall not be withdrawn from the Claim Fund or the Trust Fund.
       ``(7) Prorated payments related to claims for the same 
     death.--Payment of the award or benefit relating to death 
     shall be prorated among the heirs or next of kin who are 
     claimants for the same death, as provided in the probate laws 
     of the territory of Guam.
       ``(8) Order of payments.--The Secretary shall, to the 
     extent practicable, make payments under this section to 
     eligible claimants in descending order on the basis of the 
     age of the claimants.
       ``(f) Guam Restitution Claims Fund.--
       ``(1) Establishment.--There is established in the Treasury 
     of the United States the Guam Restitution Claims Fund. The 
     Claims Fund shall consist of such amounts as are deposited in 
     the Fund pursuant to appropriations authorized under 
     subsection (m). The Secretary of the Treasury, with the 
     concurrence of the Secretary of the Interior, shall 
     administer the Claims Fund. Amounts in the Claims Fund shall 
     only be available to the Secretary of the Interior for 
     disbursement pursuant to this section.
       ``(2) Unobligated funds.--If the Secretary of the Interior 
     determines that all eligible claimants have been paid under 
     this section, the Secretary of the Treasury shall transfer 
     any unobligated funds remaining in the Claims Fund to the 
     Trust Fund on the date that is 60 days after the Secretary of 
     the Interior submits to Congress the final report required 
     under subsection (j)(3).
       ``(3) Administrative costs.--No administrative cost 
     incurred by the Secretary in carrying out this section shall 
     be paid from the Claims Fund or set off against, or otherwise 
     deducted from, any payment made under this section to any 
     eligible claimant.
       ``(g) Guam Restitution Trust Fund.--
       ``(1) Establishment.--There is established in the Treasury 
     of the United States the Guam Restitution Trust Fund. The 
     Trust Fund shall consist of such amounts as are deposited in 
     the Fund pursuant to appropriations authorized under 
     subsection (m) and any interest earned on investment of 
     amounts in the Trust Fund under paragraph (2). The Trust Fund 
     shall be administered by the Secretary of the Treasury.
       ``(2) Investments.--The Secretary of the Treasury shall 
     invest amounts in the Trust Fund in accordance with section 
     9702 of title 31, United States Code.
       ``(3) Uses.--Amounts in the Trust Fund shall be available 
     only for disbursement by the Board in accordance with 
     subsection (h).
       ``(h) Guam Restitution Trust Fund Board of Directors.--
       ``(1) Establishment.--There is established the Guam 
     Restitution Trust Fund Board of Directors. The Board shall be 
     responsible for making disbursements from funds made 
     available by the Secretary of the Treasury to the Board from 
     the Trust Fund in the manner provided in this subsection.
       ``(2) Uses.--The Board may make disbursements from funds 
     made available to the Board from the Trust Fund only for the 
     following purposes:
       ``(A) To sponsor research and public educational activities 
     in such manner as to ensure that--
       ``(i) the events surrounding the wartime experiences and 
     losses of the Guamanian people will be remembered; and
       ``(ii) the causes and circumstances of this and similar 
     events may be illuminated and understood.
       ``(B) To disburse available funds as benefits to eligible 
     claimants through a revolving fund for such purposes as 
     postsecondary scholarships, first-time home ownership loans, 
     and any other purpose that the Board may determine to be 
     suitable.
       ``(C) To cover the cost of reasonable administrative 
     expenses of the Board, including expenses incurred under 
     paragraphs (3)(C), (4), and (5).
       ``(3) Membership.--(A) The Board shall be appointed by the 
     Secretary from nominations submitted by the Governor of Guam. 
     The Board shall be composed of nine members who are not 
     officers or employees of the Federal Government.
       ``(B)(i) Except as provided in subparagraphs (B) and (C), 
     members of the Board shall be appointed to serve for a term 
     of 3 years.
       ``(ii) Of the members initially appointed to the Board--
       ``(I) five members shall be appointed to serve for a term 
     of 3 years, and
       ``(II) four members shall be appointed to serve for a term 
     of 2 years,
     as designated by the Secretary at the time of appointment.
       ``(iii)(I) Any member of the Board appointed to fill a 
     vacancy occurring before the expiration of the term for which 
     a member was originally appointed shall be appointed to serve 
     for the remainder of such term.
       ``(II) A member may serve after the expiration of the term 
     of such member until such time as a successor takes office.
       ``(III) No member may serve for more than two consecutive 
     terms.
       ``(C) Each member of the Board shall serve without pay, 
     except that each member of the Board shall be entitled to 
     receive reimbursement for travel, subsistence, and other 
     necessary expenses incurred by the member in carrying out the 
     functions of the Board, in the same manner as a person 
     employed intermittently in the United States Government is 
     allowed expenses under section 5703 of title 5, United States 
     Code.
       ``(D) Five members of the Board shall constitute a quorum, 
     but a lesser number may hold hearings.
       ``(E) A Chairperson of the Board shall be elected from 
     among the members of the Board.
       ``(4) Staff.--(A) The Board shall appoint a Director.
       ``(B) The Board may appoint and fix the pay of such 
     additional staff as the Board may require.
       ``(C) The Director and the additional staff of the Board--
       ``(i) may be appointed--
       ``(I) without regard to section 5311(b) of title 5, United 
     States Code; and
       ``(II) without regard to the provisions of such title 
     governing appointments in the competitive service; and
       ``(ii) may be paid without regard to the provisions of 
     chapter 51 and subchapter III of chapter 53 of title 5, 
     United States Code, relating to classification and General 
     Schedule pay rates, except that the compensation of any 
     employee of the Board may not exceed a rate equivalent to the 
     minimum rate of basic pay payable for GS-15 of the General 
     Schedule under section 5332(a) of such title.
       ``(5) Administrative support services.--The Administrator 
     of General Services shall provide to the Board on a 
     reimbursable basis such administrative support services as 
     the Board may request.
       ``(6) Gifts and donations.--The Board may accept, use, and 
     dispose of gifts or donations of services or property for 
     purposes authorized under paragraph (2).
       ``(7) Annual report.--Not later than 1 year after the 
     initial meeting of the Board and annually thereafter, the 
     Board shall transmit to the President and to Congress a 
     report describing the activities of the Board.
       ``(i) Notice.--
       ``(1) In general.--Not later than 90 days after the date of 
     enactment of this section, the Secretary shall give public 
     notice in the territory of Guam and such other places as the 
     Secretary considers appropriate concerning the period during 
     which claims may be filed under this section. The Secretary 
     shall ensure that the provisions of this section are widely 
     published in the territory of Guam and such other locations 
     as the Secretary considers appropriate.
       ``(2) Notice and assistance.--To the maximum extent 
     practicable, the Secretary shall provide prompt notification 
     to all individuals who may become eligible to make a claim 
     for an award or benefit under this section and to assist such 
     individuals in the preparation and filing of claims made 
     under this section.
       ``(j) Reports.--
       ``(1) Necessary compensation.--Not later than 18 months 
     after the date of enactment of this section, the Secretary 
     shall submit a report to Congress and the Governor of Guam 
     that contains a recommendation concerning the amount of 
     compensation necessary to fully carry out this section. The 
     report shall include--
       ``(A) a list of all claims, categorized by compensable 
     injury, which were approved under this section; and
       ``(B) a list of all claims, categorized by compensable 
     injury, which were denied under this section, and a brief 
     explanation for the reason for the denials.
       ``(2) Annual report.--Not later than January 15 of the 
     first full fiscal year ending after submittal of the report 
     provided in paragraph (1), and annually thereafter, the 
     Secretary shall submit a report to Congress that contains the 
     following:
       ``(A) The activities conducted by the Secretary under this 
     section.
       ``(B) The status of the Claims Fund and Trust Fund.
       ``(C) Any request for an appropriation that the Secretary 
     determines to be necessary in order to make disbursement from 
     the Claims Fund and Trust Fund.
       ``(3) Final award report.--At such time as the Secretary 
     determines that all awards have been paid to eligible 
     claimants, the Secretary shall submit a report to Congress 
     and to the Governor of Guam certifying--
       ``(A) the total amount of compensation paid as awards under 
     this section, by category of compensable injury; and
       ``(B) the final status of the Claims Fund and the amount of 
     any unobligated funds remaining in the Claims Fund to be 
     transferred to the Trust Fund pursuant to subsection (f)(2).
       ``(k) Limitation.--
       ``(1) Limitation on remuneration for services.--
     Notwithstanding any other provision of law--
       ``(A) any remuneration provided to any person on account of 
     services rendered on behalf of any eligible claimant, or any 
     association of eligible claimants, in connection with any 
     claim made under this section may not exceed 5 percent of the 
     amount of the claim; and
       ``(B) any agreement between any person and an eligible 
     claimant or an association of eligible claimants to provide 
     remuneration in an amount that exceeds the amount specified 
     in this paragraph shall be unlawful and void. Any agreement 
     to the contrary shall be unlawful and void.
       ``(2) Whoever, in the United States or elsewhere in an area 
     under the jurisdiction of the Federal Government, demands or 
     receives, on account of services so rendered, any 
     remuneration in excess of the maximum permitted by this 
     section, shall be guilty of a misdemeanor and upon 
     conviction, shall be fined in accordance with title 18, 
     United States Code, or imprisoned not more than 12 months, or 
     both.
       ``(l) Disclaimer.--Nothing contained in this section shall 
     constitute an obligation of the United States to pay any 
     claim arising out of war. The compensation provided in this 
     section is ex gratia in nature intended solely as a means of 
     recognizing the demonstrated loyalty of the people of Guam to 
     the United States, and the suffering and deprivation arising 
     therefrom, during World War II.
       ``(m) Authorization of Appropriations.--There are 
     authorized to be appropriated such sums as may be necessary 
     to carry out this section. Amounts appropriated pursuant to 
     this section are authorized to remain available until 
     expended.''.
                                 ______

      By Mr. WARNER (for himself and Mr. Robb):
  S.J. Res. 218. A joint resolution designating January 16, 1995, as 
``Religious Freedom Day''; to the Committee on the Judiciary.


                         RELIGIOUS FREEDOM DAY

 Mr. WARNER, Mr. President, I introduce along with Senator Robb 
a joint resolution which would designate January 16, 1995, as 
``Religious Freedom Day.''
  The birth of this joint resolution goes back to January 16, 1786--the 
day the Virginia General Assembly adopted ``An Act Establishing 
Religious Freedom for Virginia'' written by Thomas Jefferson. This 
statute was the first to institute the separation of church and state 
and to secure for all citizens the freedom of worship. The Virginia 
statute for religious freedom inspired the first amendment and is 
regarded by scholars, lawyers and religious leaders as one of the most 
influential documents ever created.
  On January 16, 1992, the Virginia General Assembly passed a 
resolution commemorating the Virginia statute for religious freedom as 
the precursor for the Bill of Rights. A proclamation was then signed by 
Governor Wilder and Virginia became the first State to establish a day 
for the appreciation of religious freedom.
  The purpose of this joint resolution is to extend to all the States 
this opportunity to commemorate our religious freedoms. Therefore, I 
invite my colleagues to join Senator Robb and myself in designating 
January 16, 1995, as ``Religious Freedom Day.''
  I will close my remarks by submitting a letter written by A.E. Dick 
Howard, a professor at the University of Virginia School of Law, who so 
eloquently addresses the significance of the Virginia statute for 
religious freedom. I ask unanimous consent that this letter be printed 
in the Record.
  There being no objection, the letter was ordered to be printed in the 
Record, as follows:

                                                    School of Law,


                                       University of Virginia,

                           Charlottesville, VA, December 20, 1991.
     Ms. Carol Negus,
     President, Council for America's First Freedom, Richmond, VA.
       Dear Ms. Negas: The Virginia Statute for Religious Freedom 
     is a document whose historical significance transcends the 
     place and time which gave its birth.
       One who delves into the circumstances surrounding the 
     Statute's drafting and enactment will better understand the 
     origins and meaning of religious freedom in America. In 1776, 
     the Virginia Statute was enacted, a more complete statement 
     of religious liberty and thereby come into being.
       This history of the Virginia Statute is intertwined with 
     that of the First Amendment to the United States 
     Constitution. The Supreme Court of the United States, in 
     interpreting the First Amendment, has often made reference to 
     the Virginia Statute. That enactment remains a seminal 
     document for any inquiry into the application of the First 
     Amendment's religion clauses even two centuries later.
       The Statute's significance is not confined to concerns 
     about church and state or religion in the conventional sense. 
     I can think of no document which more eloquently states 
     Thomas Jefferson's concern for liberating the human mind from 
     any manner of bondage. A splendid emanation of enlightenment 
     thinking at his best, the Statute proclaims that at the heart 
     of our conception of freedom lies freedom to believe what one 
     will.
       In an age when many countries are putting a totalitarian 
     past behind them and are laying the foundations for 
     constitutional democracy, the Virginia Statute points the way 
     to aspirations which, if acted upon, would help mute the 
     passions of national and ethnic rivalry. In my own work in 
     Central and Eastern Europe, I have used the Statute as an 
     example of an approach to religious freedom that would be 
     worthy of emulation by constitutional draftsmen in the 
     fledgling democracies.
       The Virginia Statute is a document for the ages. I applaud 
     the plans to commemorate its meaning and to undertake public 
     education in its teachings.
           Sincerely,
     A.E. Dick Howard.

                          ____________________