[Congressional Record Volume 144, Number 141 (Friday, October 9, 1998)]
[Senate]
[Pages S12189-S12205]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                WATER RESOURCES DEVELOPMENT ACT OF 1998

                                 ______
                                 

                       CHAFEE AMENDMENT NO. 3803

  Mr. LOTT (for Mr. Chafee) proposed an amendment to the bill (S. 2131) 
to provide for the conservation and development of water and related 
resources, to authorize the Secretary of the Army to construct various 
projects for improvements to rivers and harbors of the United States, 
and for other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Water 
     Resources Development Act of 1998''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.

                  TITLE I--WATER RESOURCES DEVELOPMENT

Sec. 101. Definition.
Sec. 102. Project authorizations.
Sec. 103. Project modifications.
Sec. 104. Project deauthorizations.
Sec. 105. Studies.
Sec. 106. Flood hazard mitigation and riverine ecosystem restoration 
              program.
Sec. 107. Shore protection.
Sec. 108. Small flood control authority.
Sec. 109. Use of non-Federal funds for compiling and disseminating 
              information on floods and flood damages.
Sec. 110. Everglades and south Florida ecosystem restoration.
Sec. 111. Aquatic ecosystem restoration.
Sec. 112. Beneficial uses of dredged material.
Sec. 113. Voluntary contributions by States and political subdivisions.
Sec. 114. Recreation user fees.
Sec. 115. Water resources development studies for the Pacific region.
Sec. 116. Missouri and Middle Mississippi Rivers enhancement project.
Sec. 117. Outer Continental Shelf.
Sec. 118. Environmental dredging.
Sec. 119. Benefit of primary flood damages avoided included in benefit-
              cost analysis.
Sec. 120. Control of aquatic plant growth.
Sec. 121. Environmental infrastructure.
Sec. 122. Watershed management, restoration, and development.
Sec. 123. Lakes program.
Sec. 124. Dredging of salt ponds in the State of Rhode Island.
Sec. 125. Upper Susquehanna River basin, Pennsylvania and New York.
Sec. 126. Small flood control projects.
Sec. 127. Small navigation projects.
Sec. 128. Streambank protection projects.
Sec. 129. Aquatic ecosystem restoration, Springfield, Oregon.
Sec. 130. Guilford and New Haven, Connecticut.
Sec. 131. Francis Bland Floodway Ditch.
Sec. 132. Caloosahatchee River basin, Florida.
Sec. 133. Cumberland, Maryland, flood project mitigation.
Sec. 134. Sediments decontamination policy.
Sec. 135. City of Miami Beach, Florida.
Sec. 136. Small storm damage reduction projects.
Sec. 137. Sardis Reservoir, Oklahoma.
Sec. 138. Upper Mississippi River and Illinois waterway system 
              navigation modernization.
Sec. 139. Disposal of dredged material on beaches.
Sec. 140. Fish and wildlife mitigation.
Sec. 141. Upper Mississippi River management.
Sec. 142. Reimbursement of non-Federal interest.
Sec. 143. Research and development program for Columbia and Snake 
              Rivers salmon survival.
Sec. 144. Nine Mile Run habitat restoration, Pennsylvania.
Sec. 145. Shore damage prevention or mitigation.
Sec. 146. Larkspur Ferry Channel, California.
Sec. 147. Comprehensive Flood Impact-Response Modeling System.
Sec. 148. Study regarding innovative financing for small and medium-
              sized ports.
Sec. 149. Candy Lake project, Osage County, Oklahoma.
Sec. 150. Salcha River and Piledriver Slough, Fairbanks, Alaska.
Sec. 151. Eyak River, Cordova, Alaska.
Sec. 152. North Padre Island storm damage reduction and environmental 
              restoration project.
Sec. 153. Kanopolis Lake, Kansas.
Sec. 154. New York City watershed.
Sec. 155. City of Charlevoix reimbursement, Michigan.
Sec. 156. Hamilton Dam flood control project, Michigan.
Sec. 157. National Contaminated Sediment Task Force.
Sec. 158. Great Lakes basin program.
Sec. 159. Projects for improvement of the environment.
Sec. 160. Water quality, environmental quality, recreation, fish and 
              wildlife, flood control, and navigation.
Sec. 161. Irrigation diversion protection and fisheries enhancement 
              assistance.

[[Page S12190]]

  TITLE II--CHEYENNE RIVER SIOUX TRIBE, LOWER BRULE SIOUX TRIBE, AND 
     STATE OF SOUTH DAKOTA TERRESTRIAL WILDLIFE HABITAT RESTORATION

Sec. 201. Definitions.
Sec. 202. Terrestrial wildlife habitat restoration.
Sec. 203. South Dakota Terrestrial Wildlife Habitat Restoration Trust 
              Fund.
Sec. 204. Cheyenne River Sioux Tribe and Lower Brule Sioux Tribe 
              Terrestrial Wildlife Habitat Restoration Trust Funds.
Sec. 205. Transfer of Federal land to State of South Dakota.
Sec. 206. Transfer of Corps of Engineers land for Indian Tribes.
Sec. 207. Administration.
Sec. 208. Authorization of appropriations.

                  TITLE I--WATER RESOURCES DEVELOPMENT

     SEC. 101. DEFINITION.

       In this title, the term ``Secretary'' means the Secretary 
     of the Army.

     SEC. 102. PROJECT AUTHORIZATIONS.

       (a) Projects With Reports.--The following projects for 
     water resources development and conservation and other 
     purposes are authorized to be carried out by the Secretary 
     substantially in accordance with the plans, and subject to 
     the conditions, described in the respective reports 
     designated in this section:
       (1) Rio salado (salt river), arizona.--The project for 
     environmental restoration, Rio Salado (Salt River), Arizona: 
     Report of the Chief of Engineers, dated August 20, 1998, at a 
     total cost of $85,900,000, with an estimated Federal cost of 
     $54,980,000 and an estimated non-Federal cost of $30,920,000.
       (2) American river watershed, california.--
       (A) In general.--The project for flood damage reduction 
     described as the Folsom Stepped Release Plan in the United 
     States Army Corps of Engineers Supplemental Information 
     Report for the American River Watershed Project, California, 
     dated March 1996, at a total cost of $464,600,000, with an 
     estimated Federal cost of $302,000,000 and an estimated non-
     Federal cost of $162,600,000.
       (B) Implementation.--
       (i) In general.--Implementation of the measures by the 
     Secretary pursuant to subparagraph (A) shall be undertaken 
     after completion of the levee stabilization and strengthening 
     and flood warning features authorized by section 101(a)(1) of 
     the Water Resources Development Act of 1996 (110 Stat. 3662).
       (ii) Folsom dam and reservoir.--The Secretary may undertake 
     measures at the Folsom Dam and Reservoir authorized under 
     subparagraph (A) only after reviewing the design of such 
     measures to determine if modifications are necessary to 
     account for changed hydrologic conditions and any other 
     changed conditions in the project area, including operational 
     and construction impacts that have occurred since completion 
     of the report referred to in subparagraph (A). The Secretary 
     shall conduct the review and develop the modifications to the 
     Folsom Dam and Reservoir with the full participation of the 
     Secretary of the Interior.
       (iii) Remaining downstream elements.--

       (I) In general.--Implementation of the remaining downstream 
     elements authorized pursuant to subparagraph (A) may be 
     undertaken only after the Secretary, in consultation with 
     affected Federal, State, regional, and local entities, has 
     reviewed the elements to determine if modifications are 
     necessary to address changes in the hydrologic conditions, 
     any other changed conditions in the project area that have 
     occurred since completion of the report referred to in 
     subparagraph (A) and any design modifications for the Folsom 
     Dam and Reservoir made by the Secretary in implementing the 
     measures referred to in clause (ii), and has issued a report 
     on the review.
       (II) Principles and guidelines.--The review shall be 
     prepared in accordance with the economic and environmental 
     principles and guidelines for water and related land 
     resources implementation studies, and no construction may be 
     initiated unless the Secretary determines that the remaining 
     downstream elements are technically sound, environmentally 
     acceptable, and economically justified.

       (3) Llagas creek, california.--The project for completion 
     of the remaining reaches of the Natural Resources 
     Conservation Service flood control project at Llagas Creek, 
     California, undertaken pursuant to section 5 of the Watershed 
     Protection and Flood Prevention Act (16 U.S.C. 1005), 
     substantially in accordance with the requirements of local 
     cooperation as specified in section 4 of that Act (16 U.S.C. 
     1004) at a total cost of $34,300,000, with an estimated 
     Federal cost of $16,600,000 and an estimated non-Federal 
     share of $17,700,000.
       (4) Upper guadalupe river, california.--The Secretary may 
     construct the locally preferred plan for flood damage 
     reduction and recreation, Upper Guadalupe River, California, 
     described as the Bypass Channel Plan of the Chief of 
     Engineers dated August 18, 1998, at a total cost of 
     $132,836,000, with an estimated Federal cost of $42,869,000 
     and an estimated non-Federal cost of $89,967,000.
       (5) Delaware bay coastline: delaware and new jersey-
     broadkill beach, delaware.--
       (A) In general.--The shore protection project for hurricane 
     and storm damage reduction, Delaware Bay Coastline: Delaware 
     and New Jersey-Broadkill Beach, Delaware, Report of the Chief 
     of Engineers dated August 17, 1998, at a total cost of 
     $8,871,000, with an estimated Federal cost of $5,593,000 and 
     an estimated non-Federal cost of $3,278,000.
       (B) Periodic nourishment.--Periodic nourishment is 
     authorized for a 50-year period at an estimated average 
     annual cost of $651,000, with an estimated annual Federal 
     cost of $410,000 and an estimated annual non-Federal cost of 
     $241,000.
       (6) Hillsboro and okeechobee aquifer storage and recovery 
     project, florida.--The project for aquifer storage and 
     recovery described in the United States Army Corps of 
     Engineers Central and Southern Florida Water Supply Study, 
     Florida, dated April 1989, and in House Document 369, dated 
     July 30, 1968, at a total cost of $27,000,000, with an 
     estimated Federal cost of $13,500,000 and an estimated non-
     Federal cost of $13,500,000.
       (7) Indian river county, florida.--Notwithstanding section 
     1001(a) of the Water Resources Development Act of 1986 (33 
     U.S.C. 579a(a)), the project for shoreline protection, Indian 
     River County, Florida, authorized by section 501(a) of that 
     Act (100 Stat. 4134), shall remain authorized for 
     construction through December 31, 2002.
       (8) Lido key beach, sarasota, florida.--
       (A) In general.--The project for shore protection at Lido 
     Key Beach, Sarasota, Florida, authorized by section 101 of 
     the River and Harbor Act of 1970 (84 Stat. 1819) and 
     deauthorized by operation of section 1001(b) of the Water 
     Resources Development Act of 1986 (33 U.S.C. 579a(b)), is 
     authorized to be carried out by the Secretary at a total cost 
     of $5,200,000, with an estimated Federal cost of $3,380,000 
     and an estimated non-Federal cost of $1,820,000.
       (B) Periodic nourishment.--Periodic nourishment is 
     authorized for a 50-year period at an estimated average 
     annual cost of $602,000, with an estimated annual Federal 
     cost of $391,000 and an estimated annual non-Federal cost of 
     $211,000.
       (9) Amite river and tributaries, louisiana, east baton 
     rouge parish watershed.--The project for flood damage 
     reduction and recreation, Amite River and Tributaries, 
     Louisiana, East Baton Rouge Parish Watershed: Report of the 
     Chief of Engineers, dated December 23, 1996, at a total cost 
     of $110,045,000, with an estimated Federal cost of 
     $71,343,000 and an estimated non-Federal cost of $38,702,000.
       (10) Baltimore harbor anchorages and channels, maryland and 
     virginia.--The project for navigation, Baltimore Harbor 
     Anchorages and Channels, Maryland and Virginia: Report of the 
     Chief of Engineers, dated June 8, 1998, at a total cost of 
     $27,692,000, with an estimated Federal cost of $18,510,000 
     and an estimated non-Federal cost of $9,182,000.
       (11) Red lake river at crookston, minnesota.--The project 
     for flood damage reduction, Red Lake River at Crookston, 
     Minnesota: Report of the Chief of Engineers, dated April 20, 
     1998, at a total cost of $8,720,000, with an estimated 
     Federal cost of $5,567,000 and an estimated non-Federal cost 
     of $3,153,000.
       (12) Park river, north dakota.--
       (A) In general.--Subject to the condition stated in 
     subparagraph (B), the project for flood control, Park River, 
     Grafton, North Dakota, authorized by section 401(a) of the 
     Water Resources Development Act of 1986 (100 Stat. 4121) and 
     deauthorized under section 1001(a) of the Water Resources 
     Development Act of 1986 (33 U.S.C. 579a), at a total cost of 
     $27,300,000, with an estimated Federal cost of $17,745,000 
     and an estimated non-Federal cost of $9,555,000.
       (B) Condition.--No construction may be initiated unless the 
     Secretary determines through a general reevaluation report 
     using current data, that the project is technically sound, 
     environmentally acceptable, and economically justified.
       (b) Projects Subject to a Final Report.--The following 
     projects for water resources development and conservation and 
     other purposes are authorized to be carried out by the 
     Secretary substantially in accordance with the plans, and 
     subject to the conditions recommended in a final report of 
     the Chief of Engineers as approved by the Secretary, if the 
     report of the Chief is completed not later than December 31, 
     1998:
       (1) Nome harbor improvements, alaska.--The project for 
     navigation, Nome Harbor Improvements, Alaska, at a total cost 
     of $24,280,000, with an estimated first Federal cost of 
     $19,162,000 and an estimated first non-Federal cost of 
     $5,118,000.
       (2) Sand point harbor, alaska.--The project for navigation, 
     Sand Point Harbor, Alaska, at a total cost of $11,463,000, 
     with an estimated Federal cost of $6,718,000 and an estimated 
     first non-Federal cost of $4,745,000.
       (3) Seward harbor, alaska.--The project for navigation, 
     Seward Harbor, Alaska, at a total cost of $11,930,000, with 
     an estimated first Federal cost of $3,816,000 and an 
     estimated first non-Federal cost of $8,114,000.
       (4) Hamilton airfield wetland restoration, california.--The 
     project for environmental restoration at Hamilton Airfield, 
     California, at a total cost of $55,100,000, with an estimated 
     Federal cost of $41,300,000 and an estimated non-Federal cost 
     of $13,800,000.
       (5) Oakland, california.--
       (A) In general.--The project for navigation and 
     environmental restoration, Oakland, California, at a total 
     cost of $214,900,000, with an estimated Federal cost of 
     $128,600,000 and an estimated non-Federal cost of 
     $86,300,000.

[[Page S12191]]

       (B) Berthing areas and other local service facilities.--The 
     non-Federal interests shall provide berthing areas and other 
     local service facilities necessary for the project at an 
     estimated cost of $38,200,000.
       (6) South sacramento county streams, california.--The 
     project for flood damage reduction, environmental 
     restoration, and recreation, South Sacramento County Streams, 
     California at a total cost of $65,410,000, with an estimated 
     Federal cost of $39,104,000 and an estimated non-Federal cost 
     of $26,306,000.
       (7) Yuba river basin, california.--The project for flood 
     damage reduction, Yuba River Basin, California, at a total 
     cost of $25,850,000, with an estimated Federal cost of 
     $16,775,000 and an estimated non-Federal cost of $9,075,000.
       (8) Delaware bay coastline: delaware and new jersey-port 
     mahon, delaware.--
       (A) In general.--The shore protection project for ecosystem 
     restoration, Delaware Bay Coastline: Delaware and New Jersey-
     Port Mahon, Delaware, at a total cost of $7,563,000, with an 
     estimated Federal cost of $4,916,000 and an estimated non-
     Federal cost of $2,647,000.
       (B) Periodic nourishment.--Periodic nourishment is 
     authorized for a 50-year period at an estimated average 
     annual cost of $238,000, with an estimated annual Federal 
     cost of $155,000 and an estimated annual non-Federal cost of 
     $83,000.
       (9) Delaware bay coastline: delaware and new jersey-
     roosevelt inlet-lewes beach, delaware.--
       (A) In general.--The shore protection project for 
     navigation mitigation and hurricane and storm damage 
     reduction, Delaware Bay Coastline: Delaware and New Jersey-
     Roosevelt Inlet-Lewes Beach, Delaware, at a total cost of 
     $3,326,000, with an estimated Federal cost of $2,569,000 and 
     an estimated non-Federal cost of $757,000.
       (B) Periodic nourishment.--Periodic nourishment is 
     authorized for a 50-year period at an estimated average 
     annual cost of $207,000, with an estimated annual Federal 
     cost of $159,000 and an estimated annual non-Federal cost of 
     $48,000.
       (10) Delaware coast from cape henelopen to fenwick island, 
     bethany beach/south bethany beach, delaware.--
       (A) In general.--The shore protection project for hurricane 
     storm damage reduction, Delaware Coast from Cape Henelopen to 
     Fenwick Island, Bethany Beach/South Bethany Beach, Delaware, 
     at a total cost of $22,094,000, with an estimated Federal 
     cost of $14,361,000 and an estimated non-Federal cost of 
     $7,733,000.
       (B) Periodic nourishment.--Periodic nourishment is 
     authorized for a 50-year period at an estimated average 
     annual cost of $1,573,000, with an estimated annual Federal 
     cost of $1,022,000 and an estimated annual non-Federal cost 
     of $551,000.
       (11) Jacksonville harbor, florida.--The project for 
     navigation, Jacksonville Harbor, Florida, at a total cost of 
     $27,758,000, with an estimated Federal cost of $9,632,000 and 
     an estimated non-Federal cost of $18,126,000.
       (12) Little talbot island, duval county, florida.--The 
     shore protection project for hurricane and storm damage 
     prevention, Little Talbot Island, Duval County, Florida, at a 
     total cost of $5,802,000, with an estimated Federal cost of 
     $3,771,000 and an estimated non-Federal cost of $2,031,000.
       (13) Ponce de leon inlet, volusia county, florida.--The 
     project for navigation and recreation, Ponce de Leon Inlet, 
     Volusia County, Florida, at a total cost of $5,533,000, with 
     an estimated Federal cost of $3,408,000 and an estimated non-
     Federal cost of $2,125,000.
       (14) Tampa harbor-big bend channel, florida.--The project 
     for navigation, Tampa Harbor-Big Bend Channel, Florida, at a 
     total cost of $11,348,000, with an estimated Federal cost of 
     $5,747,000 and an estimated non-Federal cost of $5,601,000.
       (15) Brunswick harbor deepening, georgia.--The project for 
     navigation, Brunswick Harbor deepening, Georgia, at a total 
     cost of $49,433,000, with an estimated Federal cost of 
     $32,083,000 and an estimated non-Federal cost of $17,350,000.
       (16) Savannah harbor expansion, georgia.--
       (A) In general.--Subject to subparagraph (B), the Secretary 
     may carry out the project for navigation, Savannah Harbor 
     expansion, Georgia, substantially in accordance with the 
     plans, and subject to the conditions, recommended in a final 
     report of the Chief of Engineers, with such modifications as 
     the Secretary deems appropriate, at a total cost of 
     $223,887,000 (of which amount a portion is authorized for 
     implementation of the mitigation plan), with an estimated 
     Federal cost of $141,482,000 and an estimated non-Federal 
     cost of $82,405,000, if the final report of the Chief of 
     Engineers is completed by December 31, 1998.
       (B) Conditions.--The project authorized by subparagraph (A) 
     may be carried out only after--
       (i) the Secretary, in consultation with affected Federal, 
     State, regional, and local entities, has reviewed and 
     approved an Environmental Impact Statement that includes--

       (I) an analysis of the impacts of project depth 
     alternatives ranging from 42 feet through 48 feet; and
       (II) a selected plan for navigation and associated 
     mitigation plan as required by section 906(a) of the Water 
     Resources Development Act of 1986 (33 U.S.C. 2283); and

       (ii) the Secretary of the Interior, the Secretary of 
     Commerce, and the Administrator of the Environmental 
     Protection Agency, with the Secretary, have approved the 
     selected plan and have determined that the mitigation plan 
     adequately addresses the potential environmental impacts of 
     the project.
       (C) Mitigation requirements.--The mitigation plan shall be 
     implemented in advance of or concurrently with construction 
     of the project.
       (17) Grand forks, north dakota, and east grand forks, 
     minnesota.--The project for flood damage reduction and 
     recreation, Grand Forks, North Dakota, and East Grand Forks, 
     Minnesota, at a total cost of $307,750,000, with an estimated 
     Federal cost of $154,360,000 and an estimated non-Federal 
     cost of $153,390,000.
       (18) Bayou cassotte extension, pascagoula harbor, 
     pascagoula, mississippi.--The project for navigation, Bayou 
     Cassotte extension, Pascagoula Harbor, Pascagoula, 
     Mississippi, at a total cost of $5,700,000, with an estimated 
     Federal cost of $3,705,000 and an estimated non-Federal cost 
     of $1,995,000.
       (19) Turkey creek basin, kansas city, missouri and kansas 
     city, kansas.--The project for flood damage reduction, Turkey 
     Creek Basin, Kansas City, Missouri, and Kansas City, Kansas, 
     at a total cost of $43,288,000 with an estimated Federal cost 
     of $28,840,000 and an estimated non-Federal cost of 
     $17,448,000.
       (20) Lower cape may meadows, cape may point, new jersey.--
       (A) In general.--The shore protection project for 
     navigation mitigation, ecosystem restoration, and hurricane 
     and storm damage reduction, Lower Cape May Meadows, Cape May 
     Point, New Jersey, at a total cost of $14,885,000, with an 
     estimated Federal cost of $11,390,000 and an estimated non-
     Federal cost of $3,495,000.
       (B) Periodic nourishment.--Periodic nourishment is 
     authorized for a 50-year period at an estimated average 
     annual cost of $4,565,000, with an estimated annual Federal 
     cost of $3,674,000 and an estimated annual non-Federal cost 
     of $891,000.
       (21) New jersey shore protection, brigantine inlet to great 
     egg harbor, brigantine island, new jersey.--
       (A) In general.--The shore protection project for hurricane 
     and storm damage reduction, New Jersey Shore protection, 
     Brigantine Inlet to Great Egg Harbor, Brigantine Island, New 
     Jersey, at a total cost of $4,861,000, with an estimated 
     Federal cost of $3,160,000 and an estimated non-Federal cost 
     of $1,701,000.
       (B) Periodic nourishment.--Periodic nourishment is 
     authorized for a 50-year period at an estimated average 
     annual cost of $454,000, with an estimated annual Federal 
     cost of $295,000 and an estimated annual non-Federal cost of 
     $159,000.
       (22) New jersey shore protection, townsends inlet to cape 
     may inlet, new jersey.--
       (A) In general.--The shore protection project for hurricane 
     and storm damage reduction and ecosystem restoration, New 
     Jersey Shore protection, Townsends Inlet to Cape May Inlet, 
     New Jersey, at a total cost of $55,204,000, with an estimated 
     Federal cost of $35,883,000 and an estimated non-Federal cost 
     of $19,321,000.
       (B) Periodic nourishment.--Periodic nourishment is 
     authorized for a 50-year period at an estimated average 
     annual cost of $6,319,000, with an estimated annual Federal 
     cost of $4,107,000 and an estimated annual non-Federal cost 
     of $2,212,000.
       (23) Memphis harbor, memphis, tennessee.--
       (A) In general.--Subject to subparagraph (B), the project 
     for navigation, Memphis Harbor, Memphis, Tennessee, 
     authorized by section 601(a) of the Water Resources 
     Development Act of 1986 (100 Stat. 4145) and deauthorized 
     under section 1001(a) of that Act (33 U.S.C. 579a(a)) is 
     authorized to be carried out by the Secretary.
       (B) Condition.--No construction may be initiated unless the 
     Secretary determines through a general reevaluation report 
     using current data, that the project is technically sound, 
     environmentally acceptable, and economically justified.
       (24) Metro center levee, cumberland river, nashville, 
     tennessee.--The project for flood damage reduction and 
     recreation, Metro Certer Levee, Cumberland River, Nashville, 
     Tennessee, at a total cost of $5,931,000, with an estimated 
     Federal cost of $3,753,000 and an estimated non-Federal cost 
     of $2,178,000.
       (25) Howard hanson dam, washington.--The project for water 
     supply and ecosystem restoration, Howard Hanson Dam, 
     Washington, at a total cost of $74,908,000, with an estimated 
     Federal cost of $36,284,000 and an estimated non-Federal cost 
     of $38,624,000.

     SEC. 103. PROJECT MODIFICATIONS.

       (a) Projects With Reports.--
       (1) Glenn-colusa, california.--The project for flood 
     control, Sacramento River, California, authorized by section 
     2 of the Act entitled ``An Act to provide for the control of 
     the floods of the Mississippi River and of the Sacramento 
     River, California, and for other purposes'', approved March 
     1, 1917 (39 Stat. 949), and modified by section 102 of the 
     Energy and Water Development Appropriations Act, 1990 (103 
     Stat. 649), and further modified by section 301(b)(3) of the 
     Water Resources Development Act of 1996 (110 Stat. 3709), is 
     further modified to authorize the

[[Page S12192]]

     Secretary to carry out the portion of the project in Glenn-
     Colusa, California, in accordance with the Corps of Engineers 
     report dated May 22, 1998, at a total cost of $20,700,000, 
     with an estimated Federal cost of $15,570,000 and an 
     estimated non-Federal cost of $5,130,000.
       (2) San lorenzo river, california.--The project for flood 
     control, San Lorenzo River, California, authorized by section 
     101(a)(5) of the Water Resources Development Act of 1996 (110 
     Stat. 3663), is modified to authorize the Secretary to 
     include as a part of the project streambank erosion control 
     measures to be undertaken substantially in accordance with 
     the report entitled ``Bank Stabilization Concept, Laurel 
     Street Extension'', dated April 23, 1998, at a total cost of 
     $4,000,000, with an estimated Federal cost of $2,600,000 and 
     an estimated non-Federal cost of $1,400,000.
       (3) Wood river, grand island, nebraska.--The project for 
     flood control, Wood River, Grand Island, Nebraska, authorized 
     by section 101(a)(19) of the Water Resources Development Act 
     of 1996 (110 Stat. 3665) is modified to authorize the 
     Secretary to construct the project in accordance with the 
     Corps of Engineers report dated June 29, 1998, at a total 
     cost of $16,632,000, with an estimated Federal cost of 
     $9,508,000 and an estimated non-Federal cost of $7,124,000.
       (4) Absecon island, new jersey.--The project for Absecon 
     Island, New Jersey, authorized by section 101(b)(13) of the 
     Water Resources Development Act of 1996 (110 Stat. 3668) is 
     amended to authorize the Secretary to reimburse the non-
     Federal interests for all work performed, consistent with the 
     authorized project.
       (5) Waurika lake, oklahoma, water conveyance facilities.--
     The requirement for the Waurika Project Master Conservancy 
     District to repay the $2,900,000 in costs (including 
     interest) resulting from the October 1991 settlement of the 
     claim of the Travelers Insurance Company before the United 
     States Claims Court related to construction of the water 
     conveyance facilities authorized by the first section of 
     Public Law 88-253 (77 Stat. 841) is waived.
       (b) Projects Subject to Reports.--The following projects 
     are modified as follows, except that no funds may be 
     obligated to carry out work under such modifications until 
     completion of a final report by the Chief of Engineers, as 
     approved by the Secretary, finding that such work is 
     technically sound, environmentally acceptable, and 
     economically justified, as applicable:
       (1) Sacramento metro area, california.--The project for 
     flood control, Sacramento Metro Area, California, authorized 
     by section 101(4) of the Water Resources Development Act of 
     1992 (106 Stat. 4801) is modified to authorize the Secretary 
     to construct the project at a total cost of $32,600,000, with 
     an estimated Federal cost of $24,500,000 and an estimated 
     non-Federal cost of $8,100,000.
       (2) Thornton reservoir, cook county, illinois.--
       (A) In general.--The Thornton Reservoir project, an element 
     of the project for flood control, Chicagoland Underflow Plan, 
     Illinois, authorized by section 3(a)(5) of the Water 
     Resources Development Act of 1988 (102 Stat. 4013), is 
     modified to authorize the Secretary to include additional 
     permanent flood control storage attributable to the Thorn 
     Creek Reservoir project, Little Calumet River Watershed, 
     Illinois, approved under the Watershed Protection and Flood 
     Prevention Act (16 U.S.C. 1001 et seq.).
       (B) Cost sharing.--Costs for the Thornton Reservoir project 
     shall be shared in accordance with section 103 of the Water 
     Resources Development Act of 1986 (33 U.S.C. 2213).
       (C) Transitional storage.--The Secretary of Agriculture may 
     cooperate with non-Federal interests to provide, on a 
     transitional basis, flood control storage for the Thorn Creek 
     Reservoir project in the west lobe of the Thornton quarry.
       (D) Crediting.--The Secretary may credit against the non-
     Federal share of the Thornton Reservoir project all design 
     and construction costs incurred by the non-Federal interests 
     before the date of enactment of this Act.
       (E) Reevaluation report.--The Secretary shall determine the 
     credits authorized by subparagraph (D) that are integral to 
     the Thornton Reservoir project and the current total project 
     costs based on a limited reevaluation report.
       (3) Wells harbor, wells, maine.--
       (A) In general.--The project for navigation, Wells Harbor, 
     Maine, authorized by section 101 of the River and Harbor Act 
     of 1960 (74 Stat. 480), is modified to authorize the 
     Secretary to realign the channel and anchorage areas based on 
     a harbor design capacity of 150 craft.
       (B) Deauthorization of certain portions.--The following 
     portions of the project are not authorized after the date of 
     enactment of this Act:
       (i) The portion of the 6-foot channel the boundaries of 
     which begin at a point with coordinates N177,992.00, 
     E394,831.00, thence running south 83 degrees 58 minutes 14.8 
     seconds west 10.38 feet to a point N177,990.91, E394,820.68, 
     thence running south 11 degrees 46 minutes 47.7 seconds west 
     991.76 feet to a point N177,020.04, E394,618.21, thence 
     running south 78 degrees 13 minutes 45.7 seconds east 10.00 
     feet to a point N177,018.00, E394,628.00, thence running 
     north 11 degrees 46 minutes 22.8 seconds east 994.93 feet to 
     the point of origin.
       (ii) The portion of the 6-foot anchorage the boundaries of 
     which begin at a point with coordinates N177,778.07, 
     E394,336.96, thence running south 51 degrees 58 minutes 32.7 
     seconds west 15.49 feet to a point N177,768.53, E394,324.76, 
     thence running south 11 degrees 46 minutes 26.5 seconds west 
     672.87 feet to a point N177,109.82, E394,187.46, thence 
     running south 78 degrees 13 minutes 45.7 seconds east 10.00 
     feet to a point N177,107.78, E394,197.25, thence running 
     north 11 degrees 46 minutes 25.4 seconds east 684.70 feet to 
     the point of origin.
       (iii) The portion of the 10-foot settling basin the 
     boundaries of which begin at a point with coordinates 
     N177,107.78, E394,197.25, thence running north 78 degrees 13 
     minutes 45.7 seconds west 10.00 feet to a point N177,109.82, 
     E394,187.46, thence running south 11 degrees 46 minutes 15.7 
     seconds west 300.00 feet to a point N176,816.13, E394,126.26, 
     thence running south 78 degrees 12 minutes 21.4 seconds east 
     9.98 feet to a point N176,814.09, E394,136.03, thence running 
     north 11 degrees 46 minutes 29.1 seconds east 300.00 feet to 
     the point of origin.
       (iv) The portion of the 10-foot settling basin the 
     boundaries of which begin at a point with coordinates 
     N177,018.00, E394,628.00, thence running north 78 degrees 13 
     minutes 45.7 seconds west 10.00 feet to a point N177,020.04, 
     E394,618.21, thence running south 11 degrees 46 minutes 44.0 
     seconds west 300.00 feet to a point N176,726.36, E394,556.97, 
     thence running south 78 degrees 12 minutes 30.3 seconds east 
     10.03 feet to a point N176,724.31, E394,566.79, thence 
     running north 11 degrees 46 minutes 22.4 seconds east 300.00 
     feet to the point of origin.
       (C) Redesignations.--The following portions of the project 
     shall be redesignated as part of the 6-foot anchorage:
       (i) The portion of the 6-foot channel the boundaries of 
     which begin at a point with coordinates N177,990.91, 
     E394,820.68, thence running south 83 degrees 58 minutes 40.8 
     seconds west 94.65 feet to a point N177,980.98, E394,726.55, 
     thence running south 11 degrees 46 minutes 22.4 seconds west 
     962.83 feet to a point N177,038.40, E394,530.10, thence 
     running south 78 degrees 13 minutes 45.7 seconds east 90.00 
     feet to a point N177,020.04, E394,618.21, thence running 
     north 11 degrees 46 minutes 47.7 seconds east 991.76 feet to 
     the point of origin.
       (ii) The portion of the 10-foot inner harbor settling basin 
     the boundaries of which begin at a point with coordinates 
     N177,020.04, E394,618.21, thence running north 78 degrees 13 
     minutes 30.5 seconds west 160.00 feet to a point N177,052.69, 
     E394,461.58, thence running south 11 degrees 46 minutes 45.4 
     seconds west 299.99 feet to a point N176,759.02, E394,400.34, 
     thence running south 78 degrees 13 minutes 17.9 seconds east 
     160 feet to a point N176,726.36, E394,556.97, thence running 
     north 11 degrees 46 minutes 44.0 seconds east 300.00 feet to 
     the point of origin.
       (iii) The portion of the 6-foot anchorage the boundaries of 
     which begin at a point with coordinates N178,102.26, 
     E394,751.83, thence running south 51 degrees 59 minutes 42.1 
     seconds west 526.51 feet to a point N177,778.07, E394,336.96, 
     thence running south 11 degrees 46 minutes 26.6 seconds west 
     511.83 feet to a point N177,277.01, E394,232.52, thence 
     running south 78 degrees 13 minutes 17.9 seconds east 80.00 
     feet to a point N177,260.68, E394,310.84, thence running 
     north 11 degrees 46 minutes 24.8 seconds east 482.54 feet to 
     a point N177,733.07, E394,409.30, thence running north 51 
     degrees 59 minutes 41.0 seconds east 402.63 feet to a point 
     N177,980.98, E394,726.55, thence running north 11 degrees 46 
     minutes 27.6 seconds east 123.89 feet to the point of origin.
       (D) Realignment.--The 6-foot anchorage area described in 
     subparagraph (C)(iii) shall be realigned to include the area 
     located south of the inner harbor settling basin in existence 
     on the date of enactment of this Act beginning at a point 
     with coordinates N176,726.36, E394,556.97, thence running 
     north 78 degrees 13 minutes 17.9 seconds west 160.00 feet to 
     a point N176,759.02, E394,400.34, thence running south 11 
     degrees 47 minutes 03.8 seconds west 45 feet to a point 
     N176,714.97, E394,391.15, thence running south 78 degrees 13 
     minutes 17.9 seconds 160.00 feet to a point N176,682.31, 
     E394,547.78, thence running north 11 degrees 47 minutes 03.8 
     seconds east 45 feet to the point of origin.
       (E) Relocation.--The Secretary may relocate the settling 
     basin feature of the project to the outer harbor between the 
     jetties.
       (4) New york harbor and adjacent channels, port jersey, new 
     jersey.--The project for navigation, New York Harbor and 
     Adjacent Channels, Port Jersey, New Jersey, authorized by 
     section 202(b) of the Water Resources Development Act of 1986 
     (100 Stat. 4098), is modified to authorize the Secretary to 
     construct the project at a total cost of $100,689,000, with 
     an estimated Federal cost of $74,998,000 and an estimated 
     non-Federal cost of $25,701,000.
       (5) Arthur kill, new york and new jersey.--
       (A) In general.--The project for navigation, Arthur Kill, 
     New York and New Jersey, authorized by section 202(b) of the 
     Water Resources Development Act of 1986 (100 Stat. 4098) and 
     modified by section 301(b)(11) of the Water Resources 
     Development Act of 1996 (110 Stat. 3711), is further modified 
     to authorize the Secretary to construct the project at a 
     total cost of $269,672,000, with an estimated Federal cost of 
     $178,400,000 and an estimated non-Federal cost of 
     $91,272,000.
       (B) Berthing areas and other local service facilities.--The 
     non-Federal interests shall provide berthing areas and other

[[Page S12193]]

     local service facilities necessary for the project at an 
     estimated cost of $37,936,000.
       (c) Beaver Lake, Arkansas, Water Supply Storage 
     Reallocation.--The Secretary shall reallocate approximately 
     31,000 additional acre-feet at Beaver Lake, Arkansas, to 
     water supply storage at no cost to the Beaver Water District 
     or the Carroll-Boone Water District, except that at no time 
     shall the bottom of the conservation pool be at an elevation 
     that is less than 1,076 feet, NGVD.
       (d) Tolchester Channel S-Turn, Baltimore, Maryland.--The 
     project for navigation, Baltimore Harbor and Channels, 
     Maryland, authorized by section 101 of the River and Harbor 
     Act of 1958 (72 Stat. 297), is modified to direct the 
     Secretary to straighten the Tolchester Channel S-turn as part 
     of project maintenance.
       (e) Tropicana Wash and Flamingo Wash, Nevada.--Any Federal 
     costs associated with the Tropicana and Flamingo Washes, 
     Nevada, authorized by section 101(13) of the Water Resources 
     Development Act of 1992 (106 Stat. 4803), incurred by the 
     non-Federal interest to accelerate or modify construction of 
     the project, in cooperation with the Corps of Engineers, 
     shall be considered to be eligible for reimbursement by the 
     Secretary.
       (f) Rediversion Project, Cooper River, Charleston Harbor, 
     South Carolina.--
       (1) In general.--The rediversion project, Cooper River, 
     Charleston Harbor, South Carolina, authorized by section 101 
     of the River and Harbor Act of 1968 (82 Stat. 731) and 
     modified by title I of the Energy and Water Development 
     Appropriations Act, 1992 (105 Stat. 517), is modified to 
     authorize the Secretary to pay the State of South Carolina 
     not more than $3,750,000, if the State enters into an 
     agreement with the Secretary providing that the State shall 
     perform all future operation of the St. Stephen, South 
     Carolina, fish lift (including associated studies to assess 
     the efficacy of the fish lift).
       (2) Contents.--The agreement shall specify the terms and 
     conditions under which payment will be made and the rights 
     of, and remedies available to, the Secretary to recover all 
     or a portion of the payment if the State suspends or 
     terminates operation of the fish lift or fails to perform the 
     operation in a manner satisfactory to the Secretary.
       (3) Maintenance.--Maintenance of the fish lift shall remain 
     a Federal responsibility.
       (g) Flood Mitigation Near Pierre, South Dakota.--
       (1) In general.--
       (A) Land acquisition.--To provide full operational 
     capability to carry out the authorized purposes of the 
     Missouri River Main Stem dams that are part of the Pick-Sloan 
     Missouri River Basin Program authorized by section 9 of the 
     Act entitled ``An Act authorizing the construction of certain 
     public works on rivers and harbors for flood control, and for 
     other purposes'' approved December 22, 1944 (58 Stat. 891), 
     the Secretary may acquire from willing sellers such land and 
     property in the vicinity of Pierre, South Dakota, or 
     floodproof or relocate such property within the project area, 
     as the Secretary determines is adversely affected by the full 
     wintertime Oahe Powerplant releases.
       (B) Ownership and use.--Any land that is acquired under 
     subparagraph (A) shall be kept in public ownership and shall 
     be dedicated and maintained in perpetuity for a use that is 
     compatible with any remaining flood threat.
       (C) Report.--
       (i) In general.--The Secretary shall not obligate funds to 
     implement this paragraph until the Secretary has completed a 
     report addressing the criteria for selecting which properties 
     are to be acquired, relocated, or floodproofed, and a plan 
     for implementing such measures, and has made a determination 
     that the measures are economically justified.
       (ii) Deadline.--The report shall be completed not later 
     than 180 days after funding is made available.
       (D) Coordination and cooperation.--The report and 
     implementation plan--
       (i) shall be coordinated with the Federal Emergency 
     Management Agency; and
       (ii) shall be prepared in consultation with other Federal 
     agencies, State and local officials, and residents.
       (E) Considerations.--The report should take into account 
     information from prior and ongoing studies.
       (2) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this subsection $35,000,000.
       (h) Trinity River and Tributaries, Texas.--The project for 
     flood control and navigation, Trinity River and tributaries, 
     Texas, authorized by section 301 of the River and Harbor Act 
     of 1965 (79 Stat. 1091), is modified to add environmental 
     restoration as a project purpose.
       (i) Beach Erosion Control and Hurricane Protection, 
     Virginia Beach, Virginia.--
       (1) Acceptance of funds.--In any fiscal year that the Corps 
     of Engineers does not receive appropriations sufficient to 
     meet expected project expenditures for that year, the 
     Secretary shall accept from the city of Virginia Beach, 
     Virginia, for purposes of the project for beach erosion 
     control and hurricane protection, Virginia Beach, Virginia, 
     authorized by section 501(a) of the Water Resources 
     Development Act of 1986 (100 Stat. 4136), such funds as the 
     city may advance for the project.
       (2) Repayment.--Subject to the availability of 
     appropriations, the Secretary shall repay, without interest, 
     the amount of any advance made under paragraph (1), from 
     appropriations that may be provided by Congress for river and 
     harbor, flood control, shore protection, and related 
     projects.
       (j) Elizabeth River, Chesapeake, Virginia.--Notwithstanding 
     any other provision of law, after the date of enactment of 
     this Act, the city of Chesapeake, Virginia, shall not be 
     obligated to make the annual cash contribution required under 
     paragraph 1(9) of the Local Cooperation Agreement dated 
     December 12, 1978, between the Government and the city for 
     the project for navigation, southern branch of Elizabeth 
     River, Chesapeake, Virginia.
       (k) Payment Option, Moorefield, West Virginia.--The 
     Secretary may permit the non-Federal interests for the 
     project for flood control, Moorefield, West Virginia, to pay 
     without interest the remaining non-Federal cost over a period 
     not to exceed 30 years, to be determined by the Secretary.
       (l) Miami Dade Agricultural and Rural Land Retention Plan 
     and South Biscayne, Florida.--Section 528(b)(3) of the Water 
     Resources Development Act of 1996 (110 Stat. 3768) is amended 
     by adding at the end the following:
       ``(D) Credit and reimbursement of past and future 
     activities.--The Secretary may afford credit to or reimburse 
     the non-Federal sponsors (using funds authorized by 
     subparagraph (C)) for the reasonable costs of any work that 
     has been performed or will be performed in connection with a 
     study or activity meeting the requirements of subparagraph 
     (A) if--
       ``(i) the Secretary determines that--

       ``(I) the work performed by the non-Federal sponsors will 
     substantially expedite completion of a critical restoration 
     project; and
       ``(II) the work is necessary for a critical restoration 
     project; and

       ``(ii) the credit or reimbursement is granted pursuant to a 
     project-specific agreement that prescribes the terms and 
     conditions of the credit or reimbursement.''.
       (m) Lake Michigan, Illinois.--
       (1) In general.--The project for storm damage reduction and 
     shoreline protection, Lake Michigan, Illinois, from Wilmette, 
     Illinois, to the Illinois-Indiana State line, authorized by 
     section 101(a)(12) of the Water Resources Development Act of 
     1996 (110 Stat. 3664), is modified to provide for 
     reimbursement for additional project work undertaken by the 
     non-Federal interest.
       (2) Credit or reimbursement.--The Secretary shall credit or 
     reimburse the non-Federal interest for the Federal share of 
     project costs incurred by the non-Federal interest in 
     designing, constructing, or reconstructing reach 2F (700 feet 
     south of Fullerton Avenue and 500 feet north of Fullerton 
     Avenue), reach 3M (Meigs Field), and segments 7 and 8 of 
     reach 4 (43rd Street to 57th Street), if the non-Federal 
     interest carries out the work in accordance with plans 
     approved by the Secretary, at an estimated total cost of 
     $83,300,000.
       (3) Reimbursement.--The Secretary shall reimburse the non-
     Federal interest for the Federal share of project costs 
     incurred by the non-Federal interest in reconstructing the 
     revetment structures protecting Solidarity Drive in Chicago, 
     Illinois, before the signing of the project cooperation 
     agreement, at an estimated total cost of $7,600,000.
       (n) Measurements of Lake Michigan Diversions, Illinois.--
     Section 1142(b) of the Water Resources Development Act of 
     1986 (100 Stat. 4253) is amended by striking ``$250,000 per 
     fiscal year for each fiscal year beginning after September 
     30, 1986'' and inserting ``a total of $1,250,000 for each of 
     fiscal years 1999 through 2003''.
       (o) Project for Navigation, Dubuque, Iowa.--The project for 
     navigation at Dubuque, Iowa, authorized by section 101 of the 
     River and Harbor Act of 1960 (74 Stat. 482), is modified to 
     authorize the development of a wetland demonstration area of 
     approximately 1.5 acres to be developed and operated by the 
     Dubuque County Historical Society or a successor nonprofit 
     organization.
       (p) Louisiana State Penitentiary Levee.--The Secretary may 
     credit against the non-Federal share work performed in the 
     project area of the Louisiana State Penitentiary Levee, 
     Mississippi River, Louisiana, authorized by section 401(a) of 
     the Water Resources Development Act of 1986 (100 Stat. 4117).
       (q) Jackson County, Mississippi.--The project for 
     environmental infrastructure, Jackson County, Mississippi, 
     authorized by section 219(c)(5) of the Water Resources 
     Development Act of 1992 (106 Stat. 4835) and modified by 
     section 504 of the Water Resources Development Act of 1996 
     (110 Stat. 3757), is modified to direct the Secretary to 
     provide a credit, not to exceed $5,000,000, against the non-
     Federal share of the cost of the project for the costs 
     incurred by the Jackson County Board of Supervisors since 
     February 8, 1994, in constructing the project, if the 
     Secretary determines that such costs are for work that the 
     Secretary determines was compatible with and integral to the 
     project.
       (r) Richard B. Russell Dam and Lake, South Carolina.--
       (1) In general.--Except as otherwise provided in this 
     paragraph, the Secretary shall convey to the State of South 
     Carolina all right, title, and interest of the United States 
     in the parcels of land described in subparagraph (B) that are 
     currently being managed by the South Carolina Department of 
     Natural Resources for fish and wildlife mitigation purposes 
     for the Richard B. Russell Dam and Lake, South Carolina, 
     project authorized by the Flood Control Act of 1966 and 
     modified

[[Page S12194]]

     by the Water Resources Development Act of 1986.
       (2) Land description.--
       (A) In general.--The parcels of land to be conveyed are 
     described in Exhibits A, F, and H of Army Lease No. DACW21-1-
     93-0910 and associated supplemental agreements or are 
     designated in red in Exhibit A of Army License No. DACW21-3-
     85-1904, excluding all designated parcels in the license that 
     are below elevation 346 feet mean sea level or that are less 
     than 300 feet measured horizontally from the top of the power 
     pool.
       (B) Management of excluded parcels.--Management of the 
     excluded parcels shall continue in accordance with the terms 
     of Army License No. DACW21-3-85-1904 until the Secretary and 
     the State enter into an agreement under subparagraph (F).
       (C) Survey.--The exact acreage and legal description of the 
     land shall be determined by a survey satisfactory to the 
     Secretary, with the cost of the survey borne by the State.
       (3) Costs of conveyance.--The State shall be responsible 
     for all costs, including real estate transaction and 
     environmental compliance costs, associated with the 
     conveyance.
       (4) Perpetual status.--
       (A) In general.--All land conveyed under this paragraph 
     shall be retained in public ownership and shall be managed in 
     perpetuity for fish and wildlife mitigation purposes in 
     accordance with a plan approved by the Secretary.
       (B) Reversion.--If any parcel of land is not managed for 
     fish and wildlife mitigation purposes in accordance with such 
     plan, title to the parcel shall revert to the United States.
       (5) Additional terms and conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance as the Secretary considers appropriate to 
     protect the interests of the United States.
       (6) Fish and wildlife mitigation agreement.--
       (A) In general.--The Secretary may pay the State of South 
     Carolina not more than $4,850,000 subject to the Secretary 
     and the State entering into a binding agreement for the State 
     to manage for fish and wildlife mitigation purposes in 
     perpetuity the lands conveyed under this paragraph and 
     excluded parcels designated in Exhibit A of Army License No. 
     DACW21-3-85-1904.
       (B) Failure of performance.--The agreement shall specify 
     the terms and conditions under which payment will be made and 
     the rights of, and remedies available to, the Federal 
     Government to recover all or a portion of the payment if the 
     State fails to manage any parcel in a manner satisfactory to 
     the Secretary.
       (s) Land Conveyance, Clarkston, Washington.--
       (1) In general.--The Secretary shall convey to the Port of 
     Clarkston, Washington, all right, title, and interest of the 
     United States in and to a portion of the land described in 
     the Department of the Army lease No. DACW68-1-97-22, 
     consisting of approximately 31 acres, the exact boundaries of 
     which shall be determined by the Secretary and the Port of 
     Clarkston.
       (2) The Secretary may convey to the Port of Clarkston, 
     Washington, at fair market value as determined by the 
     Secretary, such additional land located in the vicinity of 
     Clarkston, Washington, as the Secretary determines to be 
     excess to the needs of the Columbia River Project and 
     appropriate for conveyance.
       (3) Terms and conditions.--The conveyances made under 
     subsections (a) and (b) shall be subject to such terms and 
     conditions as the Secretary determines to be necessary to 
     protect the interests of the United States, including a 
     requirement that the Port of Clarkston pay all administrative 
     costs associated with the conveyances, including the cost of 
     land surveys and appraisals and costs associated with 
     compliance with applicable environmental laws and 
     regulations.
       (4) Use of land.--The Port of Clarkston shall be required 
     to pay the fair market value, as determined by the Secretary, 
     of any land conveyed pursuant to subsection (a) that is not 
     retained in public ownership or is used for other than public 
     park or recreation purposes, except that the Secretary shall 
     have a right of reverter to reclaim possession and title to 
     any such land.
       (t) White River, Indiana.--The project for flood control, 
     Indianapolis on West Fork of the White River, Indiana, 
     authorized by section 5 of the Act entitled ``An Act 
     authorizing the construction of certain public works on 
     rivers and harbors for flood control, and other purposes'', 
     approved June 22, 1936 (49 Stat. 1586, chapter 688), as 
     modified by section 323 of the Water Resources Development 
     Act of 1996 (110 Stat. 3716), is modified to authorize the 
     Secretary to undertake the riverfront alterations described 
     in the Central Indianapolis Waterfront Concept Plan, dated 
     February 1994, for the Canal Development (Upper Canal 
     feature) and the Beveridge Paper feature, at a total cost not 
     to exceed $25,000,000, of which $12,500,000 is the estimated 
     Federal cost and $12,500,000 is the estimated non-Federal 
     cost, except that no such alterations may be undertaken 
     unless the Secretary determines that the alterations 
     authorized by this subsection, in combination with the 
     alterations undertaken under section 323 of the Water 
     Resources Development Act of 1996 (110 Stat. 3716), are 
     economically justified.
       (u) Fox Point Hurricane Barrier, Providence, Rhode 
     Island.--The project for hurricane-flood protection, Fox 
     Point, Providence, Rhode Island, authorized by section 203 of 
     the Flood Control Act of 1958 (72 Stat. 306) is modified to 
     direct the Secretary to undertake the necessary repairs to 
     the barrier, as identified in the Condition Survey and 
     Technical Assessment dated April 1998 with Supplement dated 
     August 1998, at a total cost of $3,000,000, with an estimated 
     Federal cost of $1,950,000 and an estimated non-Federal cost 
     of $1,050,000.

     SEC. 104. PROJECT DEAUTHORIZATIONS.

       (a) Bridgeport Harbor, Connecticut.--The portion of the 
     project for navigation, Bridgeport Harbor, Connecticut, 
     authorized by section 101 of the River and Harbor Act of 1958 
     (72 Stat. 297), consisting of a 2.4-acre anchorage area 9 
     feet deep and an adjacent 0.60-acre anchorage area 6 feet 
     deep, located on the west side of Johnsons River, 
     Connecticut, is not authorized after the date of enactment of 
     this Act.
       (b) Bass Harbor, Maine.--
       (1) Deauthorization.--The portions of the project for 
     navigation, Bass Harbor, Maine, authorized on May 7, 1962, 
     under section 107 of the River and Harbor Act of 1960 (33 
     U.S.C. 577) described in paragraph (2) are not authorized 
     after the date of enactment of this Act.
       (2) Description.--The portions of the project referred to 
     in paragraph (1) are described as follows:
       (A) Beginning at a bend in the project, N149040.00, 
     E538505.00, thence running easterly about 50.00 feet along 
     the northern limit of the project to a point, N149061.55, 
     E538550.11, thence running southerly about 642.08 feet to a 
     point, N148477.64, E538817.18, thence running southwesterly 
     about 156.27 feet to a point on the westerly limit of the 
     project, N148348.50, E538737.02, thence running northerly 
     about 149.00 feet along the westerly limit of the project to 
     a bend in the project, N148489.22, E538768.09, thence running 
     northwesterly about 610.39 feet along the westerly limit of 
     the project to the point of origin.
       (B) Beginning at a point on the westerly limit of the 
     project, N148118.55, E538689.05, thence running southeasterly 
     about 91.92 feet to a point, N148041.43, E538739.07, thence 
     running southerly about 65.00 feet to a point, N147977.86, 
     E538725.51, thence running southwesterly about 91.92 feet to 
     a point on the westerly limit of the project, N147927.84, 
     E538648.39, thence running northerly about 195.00 feet along 
     the westerly limit of the project to the point of origin.
       (c) Boothbay Harbor, Maine.--The project for navigation, 
     Boothbay Harbor, Maine, authorized by the Act of July 25, 
     1912 (37 Stat. 201, chapter 253), is not authorized after the 
     date of enactment of this Act.
       (d) East Boothbay Harbor, Maine.--Section 364 of the Water 
     Resources Development Act of 1996 (110 Stat. 3731) is amended 
     by striking paragraph (9) and inserting the following:
       ``(9) East boothbay harbor, maine.--The project for 
     navigation, East Boothbay Harbor, Maine, authorized by the 
     first section of the Act entitled `An Act making 
     appropriations for the construction, repair, and preservation 
     of certain public works on rivers and harbors, and for other 
     purposes', approved June 25, 1910 (36 Stat. 657).''.

     SEC. 105. STUDIES.

       (a) Baldwin County, Alabama, Watersheds.--The Secretary of 
     the Army shall review the report of the Chief of Engineers on 
     the Alabama Coast published as House Document 108, 90th 
     Congress, 1st Session, and other pertinent reports, with a 
     view to determining whether modifications of the 
     recommendations contained in the House Document are advisable 
     at this time in the interest of flood damage reduction, 
     environmental restoration and protection, water quality, and 
     other purposes, with a special emphasis on determining the 
     advisability of developing a comprehensive coordinated 
     watershed management plan for the development, conservation, 
     and utilization of water and related land resources in the 
     watersheds in Baldwin County, Alabama.
       (b) Escambia River, Alabama and Florida.--
       (1) In general.--The Secretary shall review the report of 
     the Chief of Engineers on the Escambia River, Alabama and 
     Florida, published as House Document 350, 71st Congress, 2d 
     Session, and other pertinent reports, to determine whether 
     modifications of any of the recommendations contained in the 
     House Document are advisable at this time with particular 
     reference to Burnt Corn Creek and Murder Creek in the 
     vicinity of Brewton, and East Brewton, Alabama, and the need 
     for flood control, floodplain evacuation, flood warning and 
     preparedness, environmental restoration and protection, and 
     bank stabilization in those areas.
       (2) Coordination.--The review shall be coordinated with 
     plans of other local and Federal agencies.
       (c) Caddo Levee, Red River Below Denison Dam, Arizona, 
     Louisiana, Oklahoma, and Texas.--The Secretary shall conduct 
     a study to determine the feasibility of undertaking a project 
     for flood control, Caddo Levee, Red River Below Denison Dam, 
     Arizona, Louisiana, Oklahoma, and Texas, including 
     incorporating the existing levee, along Twelve Mile Bayou 
     from its juncture with the existing Red River Below Denison 
     Dam Levee approximately 26 miles upstream to its terminus at 
     high ground in the vicinity of Black Bayou, Louisiana.
       (d) Fields Landing Channel, Humboldt Harbor, California.--
     The Secretary--

[[Page S12195]]

       (1) shall conduct a study for the project for navigation, 
     Fields Landing Channel, Humboldt Harbor and Bay, California, 
     to a depth of minus 35 feet (MLLW), and for that purpose may 
     use any feasibility report prepared by the non-Federal 
     sponsor under section 203 of the Water Resources Development 
     Act of 1986 (33 U.S.C. 2231) for which reimbursement of the 
     Federal share of the study is authorized subject to the 
     availability of appropriations; and
       (2) may carry out the project under section 107 of the 
     River and Harbor Act of 1960 (33 U.S.C. 577), if the 
     Secretary determines that the project is feasible.
       (e) Strawberry Creek, Berkeley, California.--The Secretary 
     shall conduct a study to determine the feasibility of 
     restoring Strawberry Creek, Berkeley, California, and the 
     Federal interest in environmental restoration, conservation 
     of fish and wildlife resources, recreation, and water 
     quality.
       (f) West Side Storm Water Retention Facility, City of 
     Lancaster, California.--The Secretary shall conduct a study 
     to determine the feasibility of undertaking measures to 
     construct the West Side Storm Water Retention Facility in the 
     city of Lancaster, California.
       (g) Apalachicola River, Florida.--The Secretary shall 
     conduct a study for the purpose of identifying--
       (1) alternatives for the management of material dredged in 
     connection with operation and maintenance of the Apalachicola 
     River Navigation Project; and
       (2) alternatives that reduce the requirements for such 
     dredging.
       (h) Broward County, Sand Bypassing at Port Everglades, 
     Florida.--The Secretary shall conduct a study to determine 
     the feasibility of constructing a sand bypassing project at 
     the Port Everglades Inlet, Florida.
       (i) City of Destin-Noriega Point Breakwater, Florida.--The 
     Secretary shall conduct a study to determine the feasibility 
     of--
       (1) restoring Noriega Point, Florida, to serve as a 
     breakwater for Destin Harbor; and
       (2) including Noriega Point as part of the East Pass, 
     Florida, navigation project.
       (j) Gateway Triangle Redevelopment Area, Florida.--
       (1) In general.--The Secretary shall conduct a study to 
     determine the feasibility of undertaking measures to reduce 
     the flooding problems in the vicinity of Gateway Triangle 
     Redevelopment Area, Florida.
       (2) Studies and reports.--The study shall include a review 
     and consideration of studies and reports completed by the 
     non-Federal interests.
       (k) Hillsborough River, Withlacoochee River Basins, 
     Florida.--The Secretary shall conduct a study to identify 
     appropriate measures that can be undertaken in the Green 
     Swamp, Withlacoochee River, and the Hillsborough River, the 
     Water Triangle of west central Florida, to address 
     comprehensive watershed planning for water conservation, 
     water supply, restoration and protection of environmental 
     resources, and other water resource-related problems in the 
     area.
       (l) City of Plant City, Florida.--
       (1) In general.--The Secretary shall conduct a study to 
     determine the feasibility of a flood control project in the 
     city of Plant City, Florida.
       (2) Studies and reports.--In conducting the study, the 
     Secretary shall review and consider studies and reports 
     completed by the non-Federal interests.
       (m) St. Lucie County, Florida, Shore Protection.--The 
     Secretary shall conduct a study to determine the feasibility 
     of a shore protection and hurricane and storm damage 
     reduction project to the shoreline areas in St. Lucie County 
     from the current project for Fort Pierce Beach, Florida, 
     southward to the Martin County line.
       (n) Saint Joseph River, South Bend, Indiana.--The Secretary 
     shall conduct a study to determine the feasibility of 
     undertaking erosion control, bank stabilization, and flood 
     control along the Saint Joseph River, Indiana, including the 
     South Bend Dam and the banks of the East Bank and Island 
     Park.
       (o) Acadiana Navigation Channel, Louisiana.--The Secretary 
     shall conduct a study to determine the feasibility of 
     assuming operations and maintenance for the Acadiana 
     Navigation Channel located in Iberia and Vermillion Parishes, 
     Louisiana.
       (p) Cameron Parish West of Calcasieu River, Louisiana.--The 
     Secretary shall conduct a study to determine the feasibility 
     of a storm damage reduction and ecosystem restoration project 
     for Cameron Parish west of Calcasieu River, Louisiana.
       (q) Beneficial Use of Dredged Material, Coastal 
     Louisiana.--The Secretary shall conduct a study to determine 
     the feasibility of using dredged material from maintenance 
     activities at Federal navigation projects in coastal 
     Louisiana to benefit coastal areas in the State.
       (r) Contraband Bayou Navigation Channel, Louisiana.--The 
     Secretary shall conduct a study to determine the feasibility 
     of assuming the maintenance at Contraband Bayou, Calcasieu 
     River Ship Canal, Louisiana.
       (s) Golden Meadow Lock, Louisiana.--The Secretary shall 
     conduct a study to determine the feasibility of converting 
     the Golden Meadow floodgate into a navigation lock to be 
     included in the Larose to Golden Meadow Hurricane Protection 
     Project, Louisiana.
       (t) Gulf Intracoastal Waterway Ecosystem Protection, Chef 
     Menteur to Sabine River, Louisiana.--
       (1) In general.--The Secretary shall conduct a study to 
     determine the feasibility of undertaking ecosystem 
     restoration and protection measures along the Gulf 
     Intracoastal Waterway from Chef Menteur to Sabine River, 
     Louisiana.
       (2) Matters to be addressed.--The study shall address 
     saltwater intrusion, tidal scour, erosion, and other water 
     resources related problems in that area.
       (u) Lake Pontchartrain, Louisiana, and Vicinity, St. 
     Charles Parish Pumps.--The Secretary shall conduct a study to 
     determine the feasibility of modifying the Lake Pontchartrain 
     Hurricane Protection Project to include the St. Charles 
     Parish Pumps and the modification of the seawall fronting 
     protection along Lake Pontchartrain in Orleans Parish, from 
     New Basin Canal on the west to the Inner Harbor Navigation 
     Canal on the east.
       (v) Lake Pontchartrain and Vicinity Seawall Restoration, 
     Louisiana.--The Secretary shall conduct a study to determine 
     the feasibility of undertaking structural modifications of 
     that portion of the seawall fronting protection along the 
     south shore of Lake Pontchartrain in Orleans Parish, 
     Louisiana, extending approximately 5 miles from the new basin 
     Canal on the west to the Inner Harbor Navigation Canal on the 
     east as a part of the Lake Pontchartrain and Vicinity 
     Hurricane Protection Project, authorized by section 204 of 
     the Flood Control Act of 1965 (79 Stat. 1077).
       (w) Louisiana State Penitentiary Levee.--The Secretary 
     shall conduct a study of the impacts of crediting the non-
     Federal interests for work performed in the project area of 
     the Louisiana State Penitentiary Levee.
       (x) Detroit River, Michigan, Greenway Corridor Study.--
       (1) In general.--The Secretary shall conduct a study to 
     determine the feasibility of a project for shoreline 
     protection, frontal erosion, and associated purposes in the 
     Detroit River shoreline area from the Belle Isle Bridge to 
     the Ambassador Bridge in Detroit, Michigan.
       (2) Potential modifications.--As a part of the study, the 
     Secretary shall review potential project modifications to any 
     existing Corps projects within the same area.
       (y) St. Clair Shores Flood Control, Michigan.--The 
     Secretary shall conduct a study to determine the feasibility 
     of constructing a flood control project at St. Clair Shores, 
     Michigan.
       (z) Tunica Lake Weir, Mississippi.--
       (1) In general.--The Secretary shall conduct a study to 
     determine the feasibility of constructing an outlet weir at 
     Tunica Lake, Tunica County, Mississippi, and Lee County, 
     Arkansas, for the purpose of stabilizing water levels in the 
     Lake.
       (2) Economic analysis.--In carrying out the study, the 
     Secretary shall include as a part of the economic analysis 
     the benefits derived from recreation uses at the Lake and 
     economic benefits associated with restoration of fish and 
     wildlife habitat.
       (aa) Protective Facilities for the St. Louis, Missouri, 
     Riverfront Area.--
       (1) Study.--The Secretary shall conduct a study to 
     determine the optimal plan to protect facilities that are 
     located on the Mississippi River riverfront within the 
     boundaries of St. Louis, Missouri.
       (2) Requirements.--In conducting the study, the Secretary 
     shall--
       (A) evaluate alternatives to offer safety and security to 
     facilities; and
       (B) use state-of-the-art techniques to best evaluate the 
     current situation, probable solutions, and estimated costs.
       (3) Report.--Not later than April 15, 1999, the Secretary 
     shall submit to Congress a report on the results of the 
     study.
       (bb) Yellowstone River, Montana.--
       (1) Study.--The Secretary shall conduct a comprehensive 
     study of the Yellowstone River from Gardiner, Montana to the 
     confluence of the Missouri River to determine the hydrologic, 
     biological, and socioeconomic cumulative impacts on the 
     river.
       (2) Consultation and coordination.--The Secretary shall 
     conduct the study in consultation with the United States Fish 
     and Wildlife Service, the United States Geological Survey, 
     and the Natural Resources Conservation Service and with the 
     full participation of the State of Montana and tribal and 
     local entities, and provide for public participation.
       (3) Report.--Not later than 5 years after the date of 
     enactment of this Act, the Secretary shall submit a report to 
     Congress on the results of the study.
       (cc) Las Vegas Valley, Nevada.--
       (1) In general.--The Secretary shall conduct a 
     comprehensive study of water resources located in the Las 
     Vegas Valley, Nevada.
       (2) Objectives.--The study shall identify problems and 
     opportunities related to ecosystem restoration, water 
     quality, particularly the quality of surface runoff, water 
     supply, and flood control.
       (dd) Camden and Gloucester Counties, New Jersey, Streams 
     and Watersheds.--The Secretary shall conduct a study to 
     determine the feasibility of undertaking ecosystem 
     restoration, floodplain management, flood control, water 
     quality control, comprehensive watershed management, and 
     other allied purposes along tributaries of the Delaware 
     River, Camden County and Gloucester County, New Jersey.
       (ee) Oswego River Basin, New York.--The Secretary shall 
     conduct a study to determine the feasibility of establishing 
     a flood forecasting system within the Oswego River basin, New 
     York.

[[Page S12196]]

       (ff) Port of New York-New Jersey Navigation Study and 
     Environmental Restoration Study.--
       (1) Navigation study.--The Secretary shall conduct a 
     comprehensive study of navigation needs at the Port of New 
     York-New Jersey (including the South Brooklyn Marine and Red 
     Hook Container Terminals, Staten Island, and adjacent areas) 
     to address improvements, including deepening of existing 
     channels to depths of 50 feet or greater, that are required 
     to provide economically efficient and environmentally sound 
     navigation to meet current and future requirements.
       (2) Environmental restoration study.--The Secretary, acting 
     through the Chief of Engineers, shall review the report of 
     the Chief of Engineers on the New York Harbor, printed in the 
     House Management Plan of the Harbor Estuary Program, and 
     other pertinent reports concerning the New York Harbor Region 
     and the Port of New York-New Jersey, to determine the Federal 
     interest in advancing harbor environmental restoration.
       (3) Report.--The Secretary may use funds from the ongoing 
     navigation study for New York and New Jersey Harbor to 
     complete a reconnaissance report for environmental 
     restoration by December 31, 1999. The navigation study to 
     deepen New York and New Jersey Harbor shall consider 
     beneficial use of dredged material.
       (gg) Bank Stabilization, Missouri River, North Dakota.--
       (1) Study.--
       (A) In general.--The Secretary shall conduct a study to 
     determine the feasibility of bank stabilization on the 
     Missouri River between the Garrison Dam and Lake Oahe in 
     North Dakota.
       (B) Elements.--In conducting the study, the Secretary shall 
     study--
       (i) options for stabilizing the erosion sites on the banks 
     of the Missouri River between the Garrison Dam and Lake Oahe 
     identified in the report developed by the North Dakota State 
     Water Commission, dated December 1997, including 
     stabilization through nontraditional measures;
       (ii) the cumulative impact of bank stabilization measures 
     between the Garrison Dam and Lake Oahe on fish and wildlife 
     habitat and the potential impact of additional stabilization 
     measures, including the impact of nontraditional 
     stabilization measures;
       (iii) the current and future effects, including economic 
     and fish and wildlife habitat effects, that bank erosion is 
     having on creating the delta at the beginning of Lake Oahe; 
     and
       (iv) the impact of taking no additional measures to 
     stabilize the banks of the Missouri River between the 
     Garrison Dam and Lake Oahe.
       (C) Interested parties.--In conducting the study, the 
     Secretary shall, to the maximum extent practicable, seek the 
     participation and views of interested Federal, State, and 
     local agencies, landowners, conservation organizations, and 
     other persons.
       (D) Report.--
       (i) In general.--The Secretary shall report to Congress on 
     the results of the study not later than 1 year after the date 
     of enactment of this Act.
       (ii) Status.--If the Secretary cannot complete the study 
     and report to Congress by the day that is 1 year after the 
     date of enactment of this Act, the Secretary shall, by that 
     day, report to Congress on the status of the study and 
     report, including an estimate of the date of completion.
       (2) Effect on existing projects.--This subsection does not 
     preclude the Secretary from establishing or carrying out a 
     stabilization project that is authorized by law.
       (hh) Santee Delta Wetland Habitat, South Carolina.--Not 
     later than 18 months after the date of enactment of this Act, 
     the Secretary shall complete a comprehensive study of the 
     ecosystem in the Santee Delta focus area of South Carolina to 
     determine the feasibility of undertaking measures to enhance 
     the wetland habitat in the area.
       (ii) Waccamaw River, South Carolina.--The Secretary shall 
     conduct a study to determine the feasibility of a flood 
     control project for the Waccamaw River in Horry County, South 
     Carolina.
       (jj) Upper Susquehanna-Lackawanna, Pennsylvania, Watershed 
     Management and Restoration Study.--
       (1) In general.--The Secretary shall conduct a study to 
     determine the feasibility of a comprehensive flood plain 
     management and watershed restoration project for the Upper 
     Susquehanna-Lackawanna Watershed, Pennsylvania.
       (2) Geographic information system.--In conducting the 
     study, the Secretary shall use a geographic information 
     system.
       (3) Plans.--The study shall formulate plans for 
     comprehensive flood plain management and environmental 
     restoration.
       (4) Crediting.--Non-Federal interests may receive credit 
     for in-kind services and materials that contribute to the 
     study. The Secretary may credit non-Corps Federal assistance 
     provided to the non-Federal interest toward the non-Federal 
     share of study costs to the maximum extent authorized by law.
       (kk) Niobrara River and Missouri River Sedimentation Study, 
     South Dakota.--The Secretary shall conduct a study of the 
     Niobrara River watershed and the operations of Fort Randall 
     Dam and Gavins Point Dam on the Missouri River to determine 
     the feasibility of alleviating the bank erosion, 
     sedimentation, and related problems in the lower Niobrara 
     River and the Missouri River below Fort Randall Dam.
       (ll) Santa Clara River, Utah.--
       (1) In general.--The Secretary shall conduct a study to 
     determine the feasibility of undertaking measures to 
     alleviate damage caused by flooding, bank erosion, and 
     sedimentation along the watershed of the Santa Clara River, 
     Utah, above the Gunlock Reservoir.
       (2) Contents.--The study shall include an analysis of 
     watershed conditions and water quality, as related to 
     flooding and bank erosion, along the Santa Clara River in the 
     vicinity of the town of Gunlock, Utah.
       (mm) City of Ocean Shores Shore Protection Project, 
     Washington.--The Secretary shall conduct a study to determine 
     the feasibility of undertaking a project for beach erosion 
     and flood control, including relocation of a primary dune and 
     periodic nourishment, at Ocean Shores, Washington.
       (nn) Agat Small Boat Harbor, Guam.--The Secretary shall 
     conduct a study to determine the feasibility of undertaking 
     the repair and reconstruction of Agat Small Boat Harbor, 
     Guam, including the repair of existing shore protection 
     measures and construction or a revetment of the breakwater 
     seawall.
       (oo) Apra Harbor Seawall, Guam.--The Secretary shall 
     conduct a study to determine the feasibility of undertaking 
     measures to repair, upgrade, and extend the seawall 
     protecting Apra Harbor, Guam, and to ensure continued access 
     to the harbor via Route 11B.
       (pp) Apra Harbor Fuel Piers, Guam.--The Secretary shall 
     conduct a study to determine the feasibility of undertaking 
     measures to upgrade the piers and fuel transmission lines at 
     the fuel piers in the Apra Harbor, Guam, and measures to 
     provide for erosion control and protection against storm 
     damage.
       (qq) Maintenance Dredging of Harbor Piers, Guam.--The 
     Secretary shall conduct a study to determine the feasibility 
     of Federal maintenance of areas adjacent to piers at harbors 
     in Guam, including Apra Harbor, Agat Harbor, and Agana 
     Marina.
       (rr) Alternative Water Sources Study.--
       (1) In general.--The Administrator of the Environmental 
     Protection Agency shall conduct a study of the water supply 
     needs of States that are not currently eligible for 
     assistance under title XVI of the Reclamation Projects 
     Authorization and Adjustment Act of 1992 (43 U.S.C. 390h et 
     seq.).
       (2) Requirements.--The study shall--
       (A) identify the water supply needs (including potable, 
     commercial, industrial, recreational and agricultural needs) 
     of each State described in paragraph (1) through 2020, 
     making use of such State, regional, and local plans, 
     studies, and reports as are available;
       (B) evaluate the feasibility of various alternative water 
     source technologies such as reuse and reclamation of 
     wastewater and stormwater (including indirect potable reuse), 
     aquifer storage and recovery, and desalination to meet the 
     anticipated water supply needs of the States; and
       (C) assess how alternative water sources technologies can 
     be utilized to meet the identified needs.
       (3) Report.--The Administrator shall report to Congress on 
     the results of the study not more than 180 days after the 
     date of enactment of this Act.

     SEC. 106. FLOOD HAZARD MITIGATION AND RIVERINE ECOSYSTEM 
                   RESTORATION PROGRAM.

       (a) In General.--
       (1) Authorization.--The Secretary may carry out a program 
     to reduce flood hazards and restore the natural functions and 
     values of riverine ecosystems throughout the United States.
       (2) Studies.--In carrying out the program, the Secretary 
     shall conduct studies to identify appropriate flood damage 
     reduction, conservation, and restoration measures and may 
     design and implement watershed management and restoration 
     projects.
       (3) Participation.--The studies and projects carried out 
     under the program shall be conducted, to the extent 
     practicable, with the full participation of the appropriate 
     Federal agencies, including the Department of Agriculture, 
     the Federal Emergency Management Agency, the Department of 
     the Interior, the Environmental Protection Agency, and the 
     Department of Commerce.
       (4) Nonstructural approaches.--The studies and projects 
     shall, to the extent practicable, emphasize nonstructural 
     approaches to preventing or reducing flood damages.
       (b) Cost-Sharing Requirements.--
       (1) Studies.--The cost of studies conducted under 
     subsection (a) shall be shared in accordance with section 105 
     of the Water Resources Development Act of 1986 (33 Stat. 
     2215).
       (2) Projects.--The non-Federal interests shall pay 35 
     percent of the cost of any project carried out under this 
     section.
       (3) In-kind contributions.--The non-Federal interests shall 
     provide all land, easements, rights-of-way, dredged material 
     disposal areas, and relocations necessary for the projects. 
     The value of the land, easements, rights-of-way, dredged 
     material disposal areas, and relocations shall be credited 
     toward the payment required under this subsection.
       (4) Responsibilities of the non-federal interests.--The 
     non-Federal interests shall be responsible for all costs 
     associated with operating, maintaining, replacing, repairing, 
     and rehabilitating all projects carried out under this 
     section.
       (c) Project Justification.--

[[Page S12197]]

       (1) In general.--The Secretary may implement a project 
     under this section if the Secretary determines that the 
     project--
       (A) will significantly reduce potential flood damages;
       (B) will improve the quality of the environment; and
       (C) is justified considering all costs and beneficial 
     outputs of the project.
       (2) Selection criteria; policies and procedures.--Not later 
     than 180 days after the date of enactment of this Act, the 
     Secretary shall--
       (A) develop criteria for selecting and rating the projects 
     to be carried out as part of the program authorized by this 
     section; and
       (B) establish policies and procedures for carrying out the 
     studies and projects undertaken under this section.
       (d) Reporting Requirement.--The Secretary may not implement 
     a project under this section until--
       (1) the Secretary provides to the Committee on Environment 
     and Public Works of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives a written notification describing the project 
     and the determinations made under subsection (c); and
       (2) a period of 21 calendar days has expired following the 
     date on which the notification was received by the 
     Committees.
       (e) Priority Areas.--In carrying out this section, the 
     Secretary shall examine the potential for flood damage 
     reductions at appropriate locations, including--
       (1) Le May, Missouri;
       (2) upper Delaware River basin, New York;
       (3) Tillamook County, Oregon;
       (4) Providence County, Rhode Island; and
       (5) Willamette River basin, Oregon.
       (f) Per-Project Limitation.--Not more than $25,000,000 in 
     Army Civil Works appropriations may be expended on any single 
     project undertaken under this section.
       (g) Authorization of Appropriations.--
       (1) In general.--There is authorized to be appropriated to 
     carry out this section $75,000,000 for the period of fiscal 
     years 2000 and 2001.
       (2) Program funding levels.--All studies and projects 
     undertaken under this authority from Army Civil Works 
     appropriations shall be fully funded within the program 
     funding levels provided in this subsection.

     SEC. 107. SHORE PROTECTION.

       Section 103(d) of the Water Resources Development Act of 
     1986 (33 U.S.C. 2213(d)) is amended--
       (1) by striking ``Costs of constructing'' and inserting the 
     following:
       ``(1) Construction.--Costs of constructing''; and
       (2) by adding at the end the following:
       ``(2) Periodic nourishment.--In the case of a project 
     authorized for construction after December 31, 1998, or for 
     which a feasibility study is completed after that date, the 
     non-Federal cost of the periodic nourishment of projects or 
     measures for shore protection or beach erosion control shall 
     be 50 percent, except that--
       ``(A) all costs assigned to benefits to privately owned 
     shores (where use of such shores is limited to private 
     interests) or to prevention of losses of private land shall 
     be borne by non-Federal interests; and
       ``(B) all costs assigned to the protection of federally 
     owned shores shall be borne by the United States.''.

     SEC. 108. SMALL FLOOD CONTROL AUTHORITY.

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

     SEC. 109. USE OF NON-FEDERAL FUNDS FOR COMPILING AND 
                   DISSEMINATING INFORMATION ON FLOODS AND FLOOD 
                   DAMAGES.

       Section 206(b) of the Flood Control Act of 1960 (33 U.S.C. 
     709a(b)) is amended in the third sentence by inserting before 
     the period at the end the following: ``, but the Secretary of 
     the Army may accept funds voluntarily contributed by such 
     entities for the purpose of expanding the scope of the 
     services requested by the entities''.

     SEC. 110. EVERGLADES AND SOUTH FLORIDA ECOSYSTEM RESTORATION.

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

     SEC. 111. AQUATIC ECOSYSTEM RESTORATION.

       Section 206(c) of the Water Resources Development Act of 
     1996 (33 U.S.C. 2330(c)) is amended--
       (1) by striking ``Construction'' and inserting the 
     following:
       ``(1) In general.--Construction''; and
       (2) by adding at the end the following:
       ``(2) Nonprofit entities.--Notwithstanding section 221 of 
     the Flood Control Act of 1970 (42 U.S.C. 1962d-5b), for any 
     project carried out under this section, a non-Federal 
     interest may include a nonprofit entity, with the consent of 
     the affected local government.''.

     SEC. 112. BENEFICIAL USES OF DREDGED MATERIAL.

       Section 204 of the Water Resources Development Act of 1992 
     (33 U.S.C. 2326) is amended by adding at the end the 
     following:
       ``(g) Nonprofit Entities.--Notwithstanding section 221 of 
     the Flood Control Act of 1970 (42 U.S.C. 1962d-5b), for any 
     project carried out under this section, a non-Federal 
     interest may include a nonprofit entity, with the consent of 
     the affected local government.''.

     SEC. 113. VOLUNTARY CONTRIBUTIONS BY STATES AND POLITICAL 
                   SUBDIVISIONS.

       Section 5 of the Act of June 22, 1936 (33 U.S.C. 701h), is 
     amended by inserting ``or environmental restoration'' after 
     ``flood control''.

     SEC. 114. RECREATION USER FEES.

       (a) Withholding of Amounts.--
       (1) In general.--During fiscal years 1999 through 2002, the 
     Secretary may withhold from the special account established 
     under section 4(i)(1)(A) of the Land and Water Conservation 
     Fund Act of 1965 (16 U.S.C. 460l-6a(i)(1)(A)) 100 percent of 
     the amount of receipts above a baseline of $34,000,000 per 
     each fiscal year received from fees imposed at recreation 
     sites under the administrative jurisdiction of the Department 
     of the Army under section 4(b) of that Act (16 U.S.C. 460l-
     6a(b)).
       (2) Use.--The amounts withheld shall be retained by the 
     Secretary and shall be available, without further Act of 
     appropriation, for expenditure by the Secretary in accordance 
     with subsection (b).
       (3) Availability.--The amounts withheld shall remain 
     available until September 30, 2005.
       (b) Use of Amounts Withheld.--In order to increase the 
     quality of the visitor experience at public recreational 
     areas and to enhance the protection of resources, the amounts 
     withheld under subsection (a) may be used only for--
       (1) repair and maintenance projects (including projects 
     relating to health and safety);
       (2) interpretation;
       (3) signage;
       (4) habitat or facility enhancement;
       (5) resource preservation;
       (6) annual operation (including fee collection);
       (7) maintenance; and
       (8) law enforcement related to public use.
       (c) Availability.--Each amount withheld by the Secretary 
     shall be available for expenditure, without further Act of 
     appropriation, at the specific project from which the amount, 
     above baseline, is collected.

     SEC. 115. WATER RESOURCES DEVELOPMENT STUDIES FOR THE PACIFIC 
                   REGION.

       Section 444 of the Water Resources Development Act of 1996 
     (110 Stat. 3747) is amended by striking ``interest of 
     navigation'' and inserting ``interests of water resources 
     development (including navigation, flood damage reduction, 
     and environmental restoration)''.

     SEC. 116. MISSOURI AND MIDDLE MISSISSIPPI RIVERS ENHANCEMENT 
                   PROJECT.

       (a) Definitions.--In this section:
       (1) Middle mississippi river.--The term ``middle 
     Mississippi River'' means the reach of the Mississippi River 
     from the mouth of the Ohio River (river mile 0, upper 
     Mississippi River) to the mouth of the Missouri River (river 
     mile 195).
       (2) Missouri river.--The term ``Missouri River'' means the 
     main stem and floodplain of the Missouri River (including 
     reservoirs) from its confluence with the Mississippi River at 
     St. Louis, Missouri, to its headwaters near Three Forks, 
     Montana.
       (3) Project.--The term ``project'' means the project 
     authorized by this section.
       (b) Protection and Enhancement Activities.--
       (1) Plan.--
       (A) Development.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall develop a plan for 
     a project to protect and enhance fish and wildlife habitat of 
     the Missouri River and the middle Mississippi River.
       (B) Activities.--
       (i) In general.--The plan shall provide for such activities 
     as are necessary to protect and enhance fish and wildlife 
     habitat without adversely affecting--

       (I) the water-related needs of the region surrounding the 
     Missouri River and the middle Mississippi River, including 
     flood control, navigation, recreation, and enhancement of 
     water supply; and
       (II) private property rights.

       (ii) Required activities.--The plan shall include--

       (I) modification and improvement of navigation training 
     structures to protect and enhance fish and wildlife habitat;
       (II) modification and creation of side channels to protect 
     and enhance fish and wildlife habitat;
       (III) restoration and creation of island fish and wildlife 
     habitat;
       (IV) creation of riverine fish and wildlife habitat;
       (V) establishment of criteria for prioritizing the type and 
     sequencing of activities based on cost-effectiveness and 
     likelihood of success; and
       (VI) physical and biological monitoring for evaluating the 
     success of the project, to be performed by the River Studies 
     Center of the United States Geological Survey in Columbia, 
     Missouri.

       (2) Implementation of activities.--
       (A) In general.--Using funds made available to carry out 
     this section, the Secretary shall carry out the activities 
     described in the plan.
       (B) Use of existing authority for unconstructed features of 
     the project.--Using funds made available to the Secretary 
     under other law, the Secretary shall design and construct any 
     feature of the project that may be carried out using the 
     authority of

[[Page S12198]]

     the Secretary to modify an authorized project, if the 
     Secretary determines that the design and construction will--
       (i) accelerate the completion of activities to protect and 
     enhance fish and wildlife habitat of the Missouri River or 
     the middle Mississippi River; and
       (ii) be compatible with the project purposes described in 
     this section.
       (c) Integration of Other Activities.--
       (1) In general.--In carrying out the activities described 
     in subsection (b), the Secretary shall integrate the 
     activities with other Federal, State, and tribal activities.
       (2) New authority.--Nothing in this section confers any new 
     regulatory authority on any Federal or non-Federal entity 
     that carries out any activity authorized by this section.
       (d) Public Participation.--In developing and carrying out 
     the plan and the activities described in subsection (b), the 
     Secretary shall provide for public review and comment in 
     accordance with applicable Federal law, including--
       (1) providing advance notice of meetings;
       (2) providing adequate opportunity for public input and 
     comment;
       (3) maintaining appropriate records; and
       (4) compiling a record of the proceedings of meetings.
       (e) Compliance With Applicable Law.--In carrying out the 
     activities described in subsections (b) and (c), the 
     Secretary shall comply with any applicable Federal law, 
     including the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.).
       (f) Cost Sharing.--
       (1) Non-federal share.--The non-Federal share of the cost 
     of the project shall be 35 percent.
       (2) Federal share.--The Federal share of the cost of any 1 
     activity described in subsection (b) shall not exceed 
     $5,000,000.
       (3) Operation and maintenance.--The operation and 
     maintenance of the project shall be a non-Federal 
     responsibility.
       (g) Authorization of Appropriations.--There is authorized 
     to be appropriated to pay the Federal share of the cost of 
     carrying out activities under this section $30,000,000 for 
     the period of fiscal years 2000 and 2001.

     SEC. 117. OUTER CONTINENTAL SHELF.

       (a) Sand, Gravel, and Shell.--Section 8(k)(2)(B) of the 
     Outer Continental Shelf Lands Act (43 U.S.C. 1337(k)(2)(B)) 
     is amended in the second sentence by inserting before the 
     period at the end the following: ``or any other non-Federal 
     interest subject to an agreement entered into under section 
     221 of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b)''.
       (b) Reimbursement for Local Interests at Sandbridge Beach, 
     Virginia Beach, Virginia.--Any amounts paid by the non-
     Federal interests for beach erosion control and hurricane 
     protection, Sandbridge Beach, Virginia Beach, Virginia, as a 
     result of an assessment under section 8(k) of the Outer 
     Continental Shelf Lands Act (43 U.S.C. 1337(k)) shall be 
     fully reimbursed.

     SEC. 118. ENVIRONMENTAL DREDGING.

       Section 312(f) of the Water Resources Development Act of 
     1990 (33 U.S.C. 1272(f)) is amended by adding at the end the 
     following:
       ``(6) Snake Creek, Bixby, Oklahoma.''.

     SEC. 119. BENEFIT OF PRIMARY FLOOD DAMAGES AVOIDED INCLUDED 
                   IN BENEFIT-COST ANALYSIS.

       Section 308 of the Water Resources Development Act of 1990 
     (33 U.S.C. 2318) is amended--
       (1) in the heading of subsection (a), by striking 
     ``Benefit-Cost Analysis'' and inserting ``Elements Excluded 
     From Cost-Benefit Analysis'';
       (2) by redesignating subsections (b) through (e) as 
     subsections (c) through (f), respectively;
       (3) by inserting after subsection (a) the following:
       ``(b) Elements Included in Cost-Benefit Analysis.--The 
     Secretary shall include primary flood damages avoided in the 
     benefit base for justifying Federal nonstructural flood 
     damage reduction projects.''; and
       (4) in the first sentence of subsection (e) (as 
     redesignated by paragraph (2)), by striking ``(b)'' and 
     inserting ``(d)''.

     SEC. 120. CONTROL OF AQUATIC PLANT GROWTH.

       Section 104(a) of the River and Harbor Act of 1958 (33 
     U.S.C. 610(a)) is amended--
       (1) by inserting ``Arundo dona,'' after ``water-
     hyacinth,''; and
       (2) by inserting ``tarmarix'' after ``melaleuca''.

     SEC. 121. ENVIRONMENTAL INFRASTRUCTURE.

       Section 219(c) of the Water Resources Development Act of 
     1992 (106 Stat. 4835) is amended by adding at the end the 
     following:
       ``(19) Lake tahoe, california and nevada.--Regional water 
     system for Lake Tahoe, California and Nevada.
       ``(20) Lancaster, california.--Fox Field Industrial 
     Corridor water facilities, Lancaster, California.
       ``(21) San ramon, california.--San Ramon Valley recycled 
     water project, San Ramon, California.''.

     SEC. 122. WATERSHED MANAGEMENT, RESTORATION, AND DEVELOPMENT.

       Section 503 of the Water Resources Development Act of 1996 
     (110 Stat. 3756) is amended--
       (1) in subsection (d)--
       (A) by striking paragraph (10) and inserting the following:
       ``(10) Regional Atlanta Watershed, Atlanta, Georgia, and 
     Lake Lanier of Forsyth and Hall Counties, Georgia.''; and
       (B) by adding at the end the following:
       ``(14) Clear Lake watershed, California.
       ``(15) Fresno Slough watershed, California.
       ``(16) Hayward Marsh, Southern San Francisco Bay watershed, 
     California.
       ``(17) Kaweah River watershed, California.
       ``(18) Lake Tahoe watershed, California and Nevada.
       ``(19) Malibu Creek watershed, California.
       ``(20) Truckee River basin, Nevada.
       ``(21) Walker River basin, Nevada.
       ``(22) Bronx River watershed, New York.
       ``(23) Catawba River watershed, North Carolina.'';
       (2) by redesignating subsection (e) as subsection (f); and
       (3) by inserting after subsection (d) the following:
       ``(e) Nonprofit Entities.--Notwithstanding section 221(b) 
     of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b(b)), for 
     any project undertaken under this section, with the consent 
     of the affected local government, a non-Federal interest may 
     include a nonprofit entity.''.

     SEC. 123. LAKES PROGRAM.

       Section 602(a) of the Water Resources Development Act of 
     1986 (100 Stat. 4148) is amended--
       (1) in paragraph (15), by striking ``and'' at the end;
       (2) in paragraph (16), by striking the period at the end; 
     and
       (3) by adding at the end the following:
       ``(17) Clear Lake, Lake County, California, removal of silt 
     and aquatic growth and development of a sustainable weed and 
     algae management program;
       ``(18) Flints Pond, Hollis, New Hampshire, removal of 
     excessive aquatic vegetation; and
       ``(19) Osgood Pond, Milford, New Hampshire, removal of 
     excessive aquatic vegetation.''.

     SEC. 124. DREDGING OF SALT PONDS IN THE STATE OF RHODE 
                   ISLAND.

       The Secretary may acquire for the State of Rhode Island a 
     dredge and associated equipment with the capacity to dredge 
     approximately 100 cubic yards per hour for use by the State 
     in dredging salt ponds in the State.

     SEC. 125. UPPER SUSQUEHANNA RIVER BASIN, PENNSYLVANIA AND NEW 
                   YORK.

       Section 567(a) of the Water Resources Development Act of 
     1996 (110 Stat. 3787) is amended by adding at the end the 
     following:
       ``(3) The Chemung River watershed, New York, at an 
     estimated Federal cost of $5,000,000.''.

     SEC. 126. SMALL FLOOD CONTROL PROJECTS.

       Section 102 of the Water Resources Development Act of 1996 
     (110 Stat. 3668) is amended--
       (1) by redesignating paragraphs (15) through (22) as 
     paragraphs (16) through (23), respectively;
       (2) by inserting after paragraph (14) the following:
       ``(15) Repaupo creek and delaware river, gloucester county, 
     new jersey.--Project for tidegate and levee improvements for 
     Repaupo Creek and the Delaware River, Gloucester County, New 
     Jersey.''; and
       (3) by adding at the end the following:
       ``(24) Irondequoit creek, new york.--Project for flood 
     control, Irondequoit Creek watershed, New York.
       ``(25) Tioga county, pennsylvania.--Project for flood 
     control, Tioga River and Cowanesque River and their 
     tributaries, Tioga County, Pennsylvania.''.

     SEC. 127. SMALL NAVIGATION PROJECTS.

       Section 104 of the Water Resources Development Act of 1996 
     (110 Stat. 3669) is amended--
       (1) by redesignating paragraphs (9) through (12) as 
     paragraphs (10) through (13), respectively; and
       (2) by inserting after paragraph (8) the following:
       ``(9) Fortescue inlet, delaware bay, new jersey.--Project 
     for navigation for Fortescue Inlet, Delaware Bay, New 
     Jersey.''.

     SEC. 128. STREAMBANK PROTECTION PROJECTS.

       (a) Arctic Ocean, Barrow, Alaska.--The Secretary shall 
     evaluate and, if justified under section 14 of the Flood 
     Control Act of 1946 (33 U.S.C. 701r), carry out storm damage 
     reduction and coastal erosion measures at the town of Barrow, 
     Alaska.
       (b) Saginaw River, Bay City, Michigan.--The Secretary may 
     construct appropriate control structures in areas along the 
     Saginaw River in the city of Bay City, Michigan, under 
     authority of section 14 of the Flood Control Act of 1946 (33 
     Stat. 701s).
       (c) Yellowstone River, Billings, Montana.--The streambank 
     protection project at Coulson Park, along the Yellowstone 
     River, Billings, Montana, shall be eligible for assistance 
     under section 14 of the Flood Control Act of 1946 (33 U.S.C. 
     701r).
       (d) Monongahela River, Point Marion, Pennsylvania.--The 
     Secretary shall evaluate and, if justified under section 14 
     of the Flood Control Act of 1946 (33 U.S.C. 701r), carry out 
     streambank erosion control measures along the Monongahela 
     River at the borough of Point Marion, Pennsylvania.

     SEC. 129. AQUATIC ECOSYSTEM RESTORATION, SPRINGFIELD, OREGON.

       (a) In General.--Under section 1135 of the Water Resources 
     Development Act of 1990 (33 Stat. 2309a) or other applicable 
     authority, the Secretary shall conduct measures to address 
     water quality, water flows and fish habitat restoration in 
     the historic Springfield, Oregon, millrace through the 
     reconfiguration of the existing millpond, if the Secretary 
     determines that harmful impacts have occurred as the result 
     of a previously constructed flood control project by the 
     Corps of Engineers.
       (b) Non-Federal Share.--The non-Federal share, excluding 
     lands, easements, rights-of-

[[Page S12199]]

     way, dredged material disposal areas, and relocations, shall 
     be 25 percent.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $1,500,000.

     SEC. 130. GUILFORD AND NEW HAVEN, CONNECTICUT.

       The Secretary shall expeditiously complete the activities 
     authorized under section 346 of the Water Resources 
     Development Act of 1992 (106 Stat. 4858), including 
     activities associated with Sluice Creek in Guilford, 
     Connecticut, and Lighthouse Point Park in New Haven, 
     Connecticut.

     SEC. 131. FRANCIS BLAND FLOODWAY DITCH.

       (a) Redesignation.--The project for flood control, Eight 
     Mile Creek, Paragould, Arkansas, authorized by section 401(a) 
     of the Water Resources Development Act of 1986 (100 Stat. 
     4112) and known as ``Eight Mile Creek, Paragould, Arkansas'', 
     shall be known and designated as the ``Francis Bland Floodway 
     Ditch''.
       (b) Legal References.--Any reference in any law, map, 
     regulation, document, paper, or other record of the United 
     States to the project and creek referred to in subsection (a) 
     shall be deemed to be a reference to the Francis Bland 
     Floodway Ditch.

     SEC. 132. CALOOSAHATCHEE RIVER BASIN, FLORIDA.

       Section 528(e)(4) of the Water Resources Development Act of 
     1996 (110 Stat. 3770) is amended in the first sentence by 
     inserting before the period at the end the following: ``, 
     including potential land acquisition in the Caloosahatchee 
     River basin or other areas''.

     SEC. 133. CUMBERLAND, MARYLAND, FLOOD PROJECT MITIGATION.

       (a) In General.--The project for flood control and other 
     purposes, Cumberland, Maryland, authorized by section 5 of 
     the Act of June 22, 1936 (commonly known as the ``Flood 
     Control Act of 1936'') (49 Stat. 1574, chapter 688), is 
     modified to authorize the Secretary to undertake, as a 
     separate part of the project, restoration of the historic 
     Chesapeake and Ohio Canal substantially in accordance with 
     the Chesapeake and Ohio Canal National Historic Park, 
     Cumberland, Maryland, Rewatering Design Analysis, dated 
     February 1998, at a total cost of $15,000,000, with an 
     estimated Federal cost of $9,750,000 and an estimated non-
     Federal cost of $5,250,000.
       (b) In-Kind Services.--The non-Federal interest for the 
     restoration project under subsection (a)--
       (1) may provide all or a portion of the non-Federal share 
     of project costs in the form of in-kind services; and
       (2) shall receive credit toward the non-Federal share of 
     project costs for design and construction work performed by 
     the non-Federal interest before execution of a project 
     cooperation agreement and for land, easements, and rights-of-
     way required for the restoration and acquired by the non-
     Federal interest before execution of such an agreement.
       (c) Operation and Maintenance.--The operation and 
     maintenance of the restoration project under subsection (a) 
     shall be the full responsibility of the National Park 
     Service.

     SEC. 134. SEDIMENTS DECONTAMINATION POLICY.

       Section 405 of the Water Resources Development Act of 1992 
     (33 U.S.C. 2239 note; Public Law 102-580) is amended--
       (1) in subsection (a), by adding at the end the following:
       ``(4) Practical end-use products.--Technologies selected 
     for demonstration at the pilot scale shall result in 
     practical end-use products.
       ``(5) Assistance by the secretary.--The Secretary shall 
     assist the project to ensure expeditious completion by 
     providing sufficient quantities of contaminated dredged 
     material to conduct the full-scale demonstrations to stated 
     capacity.''; and
       (2) in subsection (c), by striking the first sentence and 
     inserting the following: ``There is authorized to be 
     appropriated to carry out this section a total of $22,000,000 
     to complete technology testing, technology commercialization, 
     and the development of full scale processing facilities 
     within the New York/New Jersey Harbor.''.

     SEC. 135. CITY OF MIAMI BEACH, FLORIDA.

       Section 5(b)(3)(C)(i) of the Act of August 13, 1946 (33 
     U.S.C. 426h), is amended by inserting before the semicolon 
     the following: ``, including the city of Miami Beach, 
     Florida''.

     SEC. 136. SMALL STORM DAMAGE REDUCTION PROJECTS.

       Section 3 of the Act of August 13, 1946 (33 U.S.C. 426g), 
     is amended by striking ``$2,000,000'' and inserting 
     ``$3,000,000''.

     SEC. 137. SARDIS RESERVOIR, OKLAHOMA.

       (a) In General.--The Secretary shall accept from the State 
     of Oklahoma or an agent of the State an amount, as determined 
     under subsection (b), as prepayment of 100 percent of the 
     water supply cost obligation of the State under Contract No. 
     DACW56-74-JC-0314 for water supply storage at Sardis 
     Reservoir, Oklahoma.
       (b) Determination of Amount.--The amount to be paid by the 
     State of Oklahoma under subsection (a) shall be subject to 
     adjustment in accordance with accepted discount purchase 
     methods for Government properties as determined by an 
     independent accounting firm designated by the Director of the 
     Office of Management and Budget.
       (c) Effect.--Nothing in this section shall otherwise affect 
     any of the rights or obligations of the parties to the 
     contract referred to in subsection (a).

     SEC. 138. UPPER MISSISSIPPI RIVER AND ILLINOIS WATERWAY 
                   SYSTEM NAVIGATION MODERNIZATION.

       (a) Findings.--Congress finds that--
       (1) exports are necessary to ensure job creation and an 
     improved standard of living for the people of the United 
     States;
       (2) the ability of producers of goods in the United States 
     to compete in the international marketplace depends on a 
     modern and efficient transportation network;
       (3) a modern and efficient waterway system is a 
     transportation option necessary to provide United States 
     shippers a safe, reliable, and competitive means to win 
     foreign markets in an increasingly competitive 
     international marketplace;
       (4) the need to modernize is heightened because the United 
     States is at risk of losing its competitive edge as a result 
     of the priority that foreign competitors are placing on 
     modernizing their own waterway systems;
       (5) growing export demand projected over the coming decades 
     will force greater demands on the waterway system of the 
     United States and increase the cost to the economy if the 
     system proves inadequate to satisfy growing export 
     opportunities;
       (6) the locks and dams on the upper Mississippi River and 
     Illinois River waterway system were built in the 1930s and 
     have some of the highest average delays to commercial tows in 
     the country;
       (7) inland barges carry freight at the lowest unit cost 
     while offering an alternative to truck and rail 
     transportation that is environmentally sound, is energy 
     efficient, is safe, causes little congestion, produces little 
     air or noise pollution, and has minimal social impact; and
       (8) it should be the policy of the Corps of Engineers to 
     pursue aggressively modernization of the waterway system 
     authorized by Congress to promote the relative competitive 
     position of the United States in the international 
     marketplace.
       (b) Preconstruction Engineering and Design.--In accordance 
     with the Upper Mississippi River-Illinois Waterway System 
     Navigation Study, the Secretary shall proceed immediately to 
     prepare engineering design, plans, and specifications for 
     extension of locks 20, 21, 22, 24, 25 on the Mississippi 
     River and the LaGrange and Peoria Locks on the Illinois 
     River, to provide lock chambers 110 feet in width and 1,200 
     feet in length, so that construction can proceed immediately 
     upon completion of studies and authorization of projects by 
     Congress.

     SEC. 139. DISPOSAL OF DREDGED MATERIAL ON BEACHES.

       Section 145 of the Water Resources Development Act of 1976 
     (33 U.S.C. 426j) is amended in the first sentence by striking 
     ``50'' and inserting ``35''.

     SEC. 140. FISH AND WILDLIFE MITIGATION.

       Section 906(e) of the Water Resources Development Act of 
     1986 (33 U.S.C. 2283(e)) is amended by inserting after the 
     second sentence the following: ``Not more than 80 percent of 
     the non-Federal share of such first costs may be in kind, 
     including a facility, supply, or service that is necessary to 
     carry out the enhancement project.''.

     SEC. 141. UPPER MISSISSIPPI RIVER MANAGEMENT.

       Section 1103 of the Water Resources Development Act of 1986 
     (33 U.S.C. 652) is amended--
       (1) in subsection (e)--
       (A) by striking ``(e)'' and all that follows through the 
     end of paragraph (2) and inserting the following:
       ``(e) Undertakings.--
       ``(1) In general.--
       ``(A) Authority.--The Secretary, in consultation with the 
     Secretary of the Interior and the States of Illinois, Iowa, 
     Minnesota, Missouri, and Wisconsin, is authorized to 
     undertake--
       ``(i) a program for the planning, construction, and 
     evaluation of measures for fish and wildlife habitat 
     rehabilitation and enhancement; and
       ``(ii) implementation of a program of long-term resource 
     monitoring, computerized data inventory and analysis, and 
     applied research.
       ``(B) Requirements for projects.--Each project carried out 
     under subparagraph (A)(i) shall--
       ``(i) to the maximum extent practicable, simulate natural 
     river processes;
       ``(ii) include an outreach and education component; and
       ``(iii) on completion of the assessment under subparagraph 
     (D), address identified habitat and natural resource needs.
       ``(C) Advisory committee.--In carrying out subparagraph 
     (A), the Secretary shall create an independent technical 
     advisory committee to review projects, monitoring plans, and 
     habitat and natural resource needs assessments.
       ``(D) Habitat and natural resource needs assessment.--
       ``(i) Authority.--The Secretary is authorized to undertake 
     a systemic, river reach, and pool scale assessment of habitat 
     and natural resource needs to serve as a blueprint to guide 
     habitat rehabilitation and long-term resource monitoring.
       ``(ii) Data.--The habitat and natural resource needs 
     assessment shall, to the maximum extent practicable, use data 
     in existence at the time of the assessment.
       ``(iii) Timing.--The Secretary shall complete a habitat and 
     natural resource needs assessment not later than 3 years 
     after the date of enactment of this subparagraph.

[[Page S12200]]

       ``(2) Reports.--On December 31, 2005, in consultation with 
     the Secretary of the Interior and the States of Illinois, 
     Iowa, Minnesota, Missouri, and Wisconsin, the Secretary shall 
     prepare and submit to Congress a report that--
       ``(A) contains an evaluation of the programs described in 
     paragraph (1);
       ``(B) describes the accomplishments of each program;
       ``(C) includes results of a habitat and natural resource 
     needs assessment; and
       ``(D) identifies any needed adjustments in the 
     authorization under paragraph (1) or the authorized 
     appropriations under paragraphs (3), (4), and (5).'';
       (B) in paragraph (3)--
       (i) by striking ``paragraph (1)(A)'' and inserting 
     ``paragraph (1)(A)(i)''; and
       (ii) by striking ``Secretary not to exceed'' and all that 
     follows and inserting ``Secretary not to exceed $22,750,000 
     for each of fiscal years 1999 through 2009.'';
       (C) in paragraph (4)--
       (i) by striking ``paragraph (1)(B)'' and inserting 
     ``paragraph (1)(A)(ii)''; and
       (ii) by striking ``$7,680,000'' and all that follows and 
     inserting ``$10,420,000 for each of fiscal years 1999 through 
     2009.'';
       (D) by striking paragraphs (5) and (6) and inserting the 
     following:
       ``(5) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out paragraph (1)(C) not to 
     exceed $350,000 for each of fiscal years 1999 through 2009.
       ``(6) Transfer of amounts.--
       ``(A) In general.--For each fiscal year beginning after 
     September 30, 1992, the Secretary, in consultation with the 
     Secretary of the Interior and the States of Illinois, Iowa, 
     Minnesota, Missouri, and Wisconsin, may transfer appropriated 
     amounts between the programs under clauses (i) and (ii) of 
     paragraph (1)(A) and paragraph (1)(C).
       ``(B) Apportionment of costs.--In carrying out paragraph 
     (1)(D), the Secretary may apportion the costs equally between 
     the programs authorized by paragraph (1)(A).''; and
       (E) in paragraph (7)--
       (i) in subparagraph (A)--

       (I) by inserting ``(i)'' after ``paragraph (1)(A)''; and
       (II) by inserting before the period at the end the 
     following: ``and, in the case of any project requiring non-
     Federal cost sharing, the non-Federal share of the cost of 
     the project shall be 35 percent''; and

       (ii) in subparagraph (B), by striking ``paragraphs (1)(B) 
     and (1)(C) of this subsection'' and inserting ``paragraph 
     (1)(A)(ii)'';
       (2) in subsection (f)(2)--
       (A) in subparagraph (A), by striking ``(A)''; and
       (B) by striking subparagraph (B); and
       (3) by adding at the end the following:
       ``(k) St. Louis Area Urban Wildlife Habitat.--The Secretary 
     shall investigate and, if appropriate, carry out restoration 
     of urban wildlife habitat, with a special emphasis on the 
     establishment of greenways in the St. Louis, Missouri, area 
     and surrounding communities.''.

     SEC. 142. REIMBURSEMENT OF NON-FEDERAL INTEREST.

       Section 211(e)(2)(A) of the Water Resources Development Act 
     of 1996 (33 U.S.C. 701b-13(e)(2)(A)) is amended by striking 
     ``subject to amounts being made available in advance in 
     appropriations Acts'' and inserting ``subject to the 
     availability of appropriations''.

     SEC. 143. RESEARCH AND DEVELOPMENT PROGRAM FOR COLUMBIA AND 
                   SNAKE RIVERS SALMON SURVIVAL.

       Section 511 of the Water Resources Development Act of 1996 
     (16 U.S.C. 3301 note; Public Law 104-303) is amended by 
     striking subsection (a) and all that follows and inserting 
     the following:
       ``(a) Salmon Survival Activities.--
       ``(1) In general.--In conjunction with the Secretary of 
     Commerce and Secretary of the Interior, the Secretary shall 
     accelerate ongoing research and development activities, and 
     may carry out or participate in additional research and 
     development activities, for the purpose of developing 
     innovative methods and technologies for improving the 
     survival of salmon, especially salmon in the Columbia/Snake 
     River Basin.
       ``(2) Accelerated activities.--Accelerated research and 
     development activities referred to in paragraph (1) may 
     include research and development related to--
       ``(A) impacts from water resources projects and other 
     impacts on salmon life cycles;
       ``(B) juvenile and adult salmon passage;
       ``(C) light and sound guidance systems;
       ``(D) surface-oriented collector systems;
       ``(E) transportation mechanisms; and
       ``(F) dissolved gas monitoring and abatement.
       ``(3) Additional activities.--Additional research and 
     development activities referred to in paragraph (1) may 
     include research and development related to--
       ``(A) studies of juvenile salmon survival in spawning and 
     rearing areas;
       ``(B) estuary and near-ocean juvenile and adult salmon 
     survival;
       ``(C) impacts on salmon life cycles from sources other than 
     water resources projects;
       ``(D) cryopreservation of fish gametes and formation of a 
     germ plasm repository for threatened and endangered 
     populations of native fish; and
       ``(E) other innovative technologies and actions intended to 
     improve fish survival, including the survival of resident 
     fish.
       ``(4) Coordination.--The Secretary shall coordinate any 
     activities carried out under this subsection with appropriate 
     Federal, State, and local agencies, affected Indian tribes, 
     and the Northwest Power Planning Council.
       ``(5) Report.--Not later than 3 years after the date of 
     enactment of this section, the Secretary shall submit to 
     Congress a report on the research and development activities 
     carried out under this subsection, including any 
     recommendations of the Secretary concerning the research and 
     development activities.
       ``(6) Authorization of appropriations.--There is authorized 
     to be appropriated $10,000,000 to carry out research and 
     development activities under paragraph (3).
       ``(b) Advanced Turbine Development.--
       ``(1) In general.--In conjunction with the Secretary of 
     Energy, the Secretary shall accelerate efforts toward 
     developing and installing in Corps of Engineers-operated dams 
     innovative, efficient, and environmentally safe hydropower 
     turbines, including design of fish-friendly turbines, for use 
     on the Columbia/Snake River hydrosystem.
       ``(2) Authorization of appropriations.--There is authorized 
     to be appropriated $35,000,000 to carry out this subsection.
       ``(c) Management of Predation on Columbia/Snake River 
     System Native Fishes.--
       ``(1) Nesting avian predators.--In conjunction with the 
     Secretary of Commerce and the Secretary of the Interior, and 
     consistent with a management plan to be developed by the 
     United States Fish and Wildlife Service, the Secretary shall 
     carry out methods to reduce nesting populations of avian 
     predators on dredge spoil islands in the Columbia River under 
     the jurisdiction of the Secretary.
       ``(2) Authorization of appropriations.--There is authorized 
     to be appropriated $1,000,000 to carry out research and 
     development activities under this subsection.
       ``(d) Implementation.--Nothing in this section affects the 
     authority of the Secretary to implement the results of the 
     research and development carried out under this section or 
     any other law.''.

     SEC. 144. NINE MILE RUN HABITAT RESTORATION, PENNSYLVANIA.

       The Secretary may credit against the non-Federal share such 
     costs as are incurred by the non-Federal interests in 
     preparing environmental and other preconstruction 
     documentation for the habitat restoration project, Nine Mile 
     Run, Pennsylvania, if the Secretary determines that the 
     documentation is integral to the project.

     SEC. 145. SHORE DAMAGE PREVENTION OR MITIGATION.

       Section 111 of the River and Harbor Act of 1968 (33 U.S.C. 
     426(i)) is amended--
       (1) in the first sentence, by striking ``The Secretary'' 
     and inserting ``(a) In General.--The Secretary'';
       (2) in the second sentence, by striking ``The costs'' and 
     inserting the following:
       ``(b) Cost Sharing.--The costs'';
       (3) in the third sentence--
       (A) by striking ``No such'' and inserting the following:
       ``(c) Requirement for Specific Authorization.--No such''; 
     and
       (B) by striking ``$2,000,000'' and inserting 
     ``$5,000,000''; and
       (4) by adding at the end the following:
       ``(d) Coordination.--The Secretary shall--
       ``(1) coordinate the implementation of the measures under 
     this section with other Federal and non-Federal shore 
     protection projects in the same geographic area; and
       ``(2) to the extent practicable, combine mitigation 
     projects with other shore protection projects in the same 
     area into a comprehensive regional project.''.

     SEC. 146. LARKSPUR FERRY CHANNEL, CALIFORNIA.

       The Secretary shall work with the Secretary of 
     Transportation on a proposed solution to carry out the 
     project to maintain the Larkspur Ferry Channel, Larkspur, 
     California, authorized by section 601(d) of the Water 
     Resources Development Act of 1986 (100 Stat. 4148).

     SEC. 147. COMPREHENSIVE FLOOD IMPACT-RESPONSE MODELING 
                   SYSTEM.

       (a) In General.--The Secretary may study and implement a 
     Comprehensive Flood Impact-Response Modeling System for the 
     Coralville Reservoir and the Iowa River watershed, Iowa.
       (b) Study.--The study shall include--
       (1) an evaluation of the combined hydrologic, geomorphic, 
     environmental, economic, social, and recreational impacts of 
     operating strategies within the watershed;
       (2) creation of an integrated, dynamic flood impact model; 
     and
       (3) the development of a rapid response system to be used 
     during flood and emergency situations.
       (c) Report to Congress.--Not later than 5 years after the 
     date of enactment of this Act, the Secretary shall transmit a 
     report to Congress on the results of the study and modeling 
     system and such recommendations as the Secretary determines 
     to be appropriate.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated a total of $2,250,000 to carry out this 
     section.

     SEC. 148. STUDY REGARDING INNOVATIVE FINANCING FOR SMALL AND 
                   MEDIUM-SIZED PORTS.

       (a) Study.--The Comptroller General of the United States 
     shall conduct a study and analysis of various alternatives 
     for innovative financing of future construction, operation, 
     and maintenance of projects in small and medium-sized ports.

[[Page S12201]]

       (b) Report.--Not later than 270 days after the date of 
     enactment of this Act, the Comptroller General shall submit 
     to the Committee on Environment and Public Works of the 
     Senate and Committee on Transportation and Infrastructure of 
     the House of Representatives and the results of the study and 
     any related legislative recommendations for consideration by 
     Congress.

     SEC. 149. CANDY LAKE PROJECT, OSAGE COUNTY, OKLAHOMA.

       (a) Definitions.--In this section:
       (1) Fair market value.--The term ``fair market value'' 
     means the amount for which a willing buyer would purchase and 
     a willing seller would sell a parcel of land, as determined 
     by a qualified, independent land appraiser.
       (2) Previous owner of land.--The term ``previous owner of 
     land'' means a person (including a corporation) that 
     conveyed, or a descendant of a deceased individual who 
     conveyed, land to the Army Corps of Engineers for use in the 
     Candy Lake project in Osage County, Oklahoma.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Army.
       (b) Land Conveyances.--
       (1) In general.--The Secretary shall convey, in accordance 
     with this section, all right, title, and interest of the 
     United States in and to the land acquired by the United 
     States for the Candy Lake project in Osage County, Oklahoma.
       (2) Previous owners of land.--
       (A) In general.--The Secretary shall give a previous owner 
     of land first option to purchase the land described in 
     paragraph (1).
       (B) Application.--
       (i) In general.--A previous owner of land that desires to 
     purchase the land described in paragraph (1) that was owned 
     by the previous owner of land, or by the individual from whom 
     the previous owner of land is descended, shall file an 
     application to purchase the land with the Secretary not later 
     than 180 days after the official date of notice to the 
     previous owner of land under subsection (c).
       (ii) First to file has first option.--If more than 1 
     application is filed for a parcel of land described in 
     paragraph (1), first options to purchase the parcel of land 
     shall be allotted in the order in which applications for the 
     parcel of land were filed.
       (C) Identification of previous owners of land.--As soon as 
     practicable after the date of enactment of this Act, the 
     Secretary shall, to the extent practicable, identify each 
     previous owner of land.
       (D) Consideration.--Consideration for land conveyed under 
     this subsection shall be the fair market value of the land.
       (3) Disposal.--Any land described in paragraph (1) for 
     which an application has not been filed under paragraph 
     (2)(B) within the applicable time period shall be disposed of 
     in accordance with law.
       (4) Extinguishment of Easements.--All flowage easements 
     acquired by the United States for use in the Candy Lake 
     project in Osage County, Oklahoma, are extinguished.
       (c) Notice.--
       (1) In general.--The Secretary shall notify--
       (A) each person identified as a previous owner of land 
     under subsection (b)(2)(C), not later than 90 days after 
     identification, by United States mail; and
       (B) the general public, not later than 90 days after the 
     date of enactment of this Act, by publication in the Federal 
     Register.
       (2) Contents of notice.--Notice under this subsection shall 
     include--
       (A) a copy of this section;
       (B) information sufficient to separately identify each 
     parcel of land subject to this section; and
       (C) specification of the fair market value of each parcel 
     of land subject to this section.
       (3) Official date of notice.--The official date of notice 
     under this subsection shall be the later of--
       (A) the date on which actual notice is mailed; or
       (B) the date of publication of the notice in the Federal 
     Register.

     SEC. 150. SALCHA RIVER AND PILEDRIVER SLOUGH, FAIRBANKS, 
                   ALASKA.

       The Secretary shall evaluate and, if justified under 
     section 205 of the Flood Control Act of 1948 (33 U.S.C. 
     701s), carry out flood damage reduction measures along the 
     lower Salcha River and on Piledriver Slough, from its 
     headwaters at the mouth of the Salcha River to the Chena 
     Lakes Flood Control Project, in the vicinity of Fairbanks, 
     Alaska, to protect against surface water flooding.

     SEC. 151. EYAK RIVER, CORDOVA, ALASKA.

       The Secretary shall evaluate and, if justified under 
     section 205 of the Flood Control Act of 1948 (33 U.S.C. 
     701s), carry out flood damage reduction measures along the 
     Eyak River at the town of Cordova, Alaska.

     SEC. 152. NORTH PADRE ISLAND STORM DAMAGE REDUCTION AND 
                   ENVIRONMENTAL RESTORATION PROJECT.

       The Secretary shall carry out a project for ecosystem 
     restoration and storm damage reduction at North Padre Island, 
     Corpus Christi Bay, Texas, at a total estimated cost of 
     $30,000,000, with an estimated Federal cost of $19,500,000 
     and an estimated non-Federal cost of $10,500,000, if the 
     Secretary finds that the work is technically sound, 
     environmentally acceptable, and economically justified.

     SEC. 153. KANOPOLIS LAKE, KANSAS.

       (a) Water Supply.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary, in cooperation with the 
     State of Kansas or another non-Federal interest, shall 
     complete a water supply reallocation study at the project for 
     flood control, Kanopolis Lake, Kansas, as a basis on which 
     the Secretary shall enter into negotiations with the State of 
     Kansas or another non-Federal interest for the terms and 
     conditions of a reallocation of the water supply.
       (2) Options.--The negotiations for storage reallocation 
     shall include the following options for evaluation by all 
     parties:
       (A) Financial terms of storage reallocation.
       (B) Protection of future Federal water releases from 
     Kanopolis Dam, consistent with State water law, to ensure 
     that the benefits expected from releases are provided.
       (C) Potential establishment of a water assurance district 
     consistent with other such districts established by the State 
     of Kansas.
       (D) Protection of existing project purposes at Kanopolis 
     Dam to include flood control, recreation, and fish and 
     wildlife.
       (b) In-Kind Credit.--
       (1) In general.--The Secretary may negotiate a credit for a 
     portion of the financial repayment to the Federal Government 
     for work performed by the State of Kansas, or another non-
     Federal interest, on land adjacent or in close proximity to 
     the project, if the work provides a benefit to the project.
       (2) Work included.--The work for which credit may be 
     granted may include watershed protection and enhancement, 
     including wetland construction and ecosystem restoration.

     SEC. 154. NEW YORK CITY WATERSHED.

       Section 552(d) of the Water Resources Development Act of 
     1996 (110 Stat. 3780) is amended by striking ``for the 
     project to be carried out with such assistance'' and 
     inserting ``, or a public entity designated by the State 
     director, to carry out the project with such assistance, 
     subject to the project's meeting the certification 
     requirement of subsection (c)(1)''.

     SEC. 155. CITY OF CHARLEVOIX REIMBURSEMENT, MICHIGAN.

       The Secretary shall review and, if consistent with 
     authorized project purposes, reimburse the city of 
     Charlevoix, Michigan, for the Federal share of costs 
     associated with construction of the new revetment connection 
     to the Federal navigation project at Charlevoix Harbor, 
     Michigan.

     SEC. 156. HAMILTON DAM FLOOD CONTROL PROJECT, MICHIGAN.

       The Secretary may construct the Hamilton Dam flood control 
     project, Michigan, under authority of section 205 of the 
     Flood Control Act of 1948 (33 U.S.C. 701s).

     SEC. 157. NATIONAL CONTAMINATED SEDIMENT TASK FORCE.

       (a) Definition of Task Force.--In this section, the term 
     ``Task Force'' means the National Contaminated Sediment Task 
     Force established by section 502 of the National Contaminated 
     Sediment Assessment and Management Act (33 U.S.C. 1271 note; 
     Public Law 102-580).
       (b) Convening.--The Secretary and the Administrator shall 
     convene the Task Force not later than 90 days after the date 
     of enactment of this Act.
       (c) Reporting on Remedial Action.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Task Force shall submit to 
     Congress a report on the status of remedial actions at 
     aquatic sites in the areas described in paragraph (2).
       (2) Areas.--The report under paragraph (1) shall address 
     remedial actions in--
       (A) areas of probable concern identified in the survey of 
     data regarding aquatic sediment quality required by section 
     503(a) of the National Contaminated Sediment Assessment and 
     Management Act (33 U.S.C. 1271);
       (B) areas of concern within the Great Lakes, as identified 
     under section 118(f) of the Federal Water Pollution Control 
     Act (33 U.S.C. 1268(f));
       (C) estuaries of national significance identified under 
     section 320 of the Federal Water Pollution Control Act (33 
     U.S.C. 1330);
       (D) areas for which remedial action has been authorized 
     under any of the Water Resources Development Acts; and
       (E) as appropriate, any other areas where sediment 
     contamination is identified by the Task Force.
       (3) Activities.--Remedial actions subject to reporting 
     under this subsection include remedial actions under--
       (A) the Comprehensive Environmental Response, Compensation, 
     and Liability Act of 1980 (42 U.S.C. 9601 et seq.) or other 
     Federal or State law containing environmental remediation 
     authority;
       (B) any of the Water Resources Development Acts;
       (C) section 404 of the Federal Water Pollution Control Act 
     (33 U.S.C. 1344); or
       (D) section 10 of the Act of March 3, 1899 (30 Stat. 1151, 
     chapter 425).
       (4) Contents.--The report under paragraph (1) shall 
     provide, with respect to each remedial action described in 
     the report, a description of--
       (A) the authorities and sources of funding for conducting 
     the remedial action;
       (B) the nature and sources of the sediment contamination, 
     including volume and concentration, where appropriate;
       (C) the testing conducted to determine the nature and 
     extent of sediment contamination and to determine whether the 
     remedial action is necessary;
       (D) the action levels or other factors used to determine 
     that the remedial action is necessary;
       (E) the nature of the remedial action planned or 
     undertaken, including the levels

[[Page S12202]]

     of protection of public health and the environment to be 
     achieved by the remedial action;
       (F) the ultimate disposition of any material dredged as 
     part of the remedial action;
       (G) the status of projects and the obstacles or barriers to 
     prompt conduct of the remedial action; and
       (H) contacts and sources of further information concerning 
     the remedial action.

     SEC. 158. GREAT LAKES BASIN PROGRAM.

       (a) Strategic Plans.--
       (1) In general.--Not later than 18 months after the date of 
     enactment of this Act, and every 2 years thereafter, the 
     Secretary shall report to Congress on a plan for programs of 
     the Army Corps of Engineers in the Great Lakes basin.
       (2) Contents.--The plan shall include details of the 
     projected environmental and navigational projects in the 
     Great Lakes basin, including--
       (A) navigational maintenance and operations for commercial 
     and recreational vessels;
       (B) environmental restoration activities;
       (C) water level maintenance activities;
       (D) technical and planning assistance to States and 
     remedial action planning committees;
       (E) sediment transport analysis, sediment management 
     planning, and activities to support prevention of excess 
     sediment loadings;
       (F) flood damage reduction and shoreline erosion 
     prevention;
       (G) all other activities of the Army Corps of Engineers; 
     and
       (H) an analysis of factors limiting use of programs and 
     authorities of the Army Corps of Engineers in existence on 
     the date of enactment of this Act in the Great Lakes basin, 
     including the need for new or modified authorities.
       (b) Great Lakes Biohydrological Information.--
       (1) Inventory.--
       (A) In general.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary shall request each 
     Federal agency that may possess information relevant to the 
     Great Lakes biohydrological system to provide an inventory of 
     all such information in the possession of the agency.
       (B) Relevant information.--For the purpose of subparagraph 
     (A), relevant information includes information on--
       (i) ground and surface water hydrology;
       (ii) natural and altered tributary dynamics;
       (iii) biological aspects of the system influenced by and 
     influencing water quantity and water movement;
       (iv) meteorological projections and weather impacts on 
     Great Lakes water levels; and
       (v) other Great Lakes biohydrological system data relevant 
     to sustainable water use management.
       (2) Report.--
       (A) In general.--Not later than 18 months after the date of 
     enactment of this Act, the Secretary, in consultation with 
     the States, Indian tribes, and Federal agencies, and after 
     requesting information from the provinces and the federal 
     government of Canada, shall--
       (i) compile the inventories of information;
       (ii) analyze the information for consistency and gaps; and
       (iii) submit to Congress, the International Joint 
     Commission, and the Great Lakes States a report that includes 
     recommendations on ways to improve the information base on 
     the biohydrological dynamics of the Great Lakes ecosystem as 
     a whole, so as to support environmentally sound decisions 
     regarding diversions and consumptive uses of Great Lakes 
     water.
       (B) Recommendations.--The recommendations in the report 
     under subparagraph (A) shall include recommendations relating 
     to the resources and funds necessary for implementing 
     improvement of the information base.
       (C) Considerations.--In developing the report under 
     subparagraph (A), the Secretary, in cooperation with the 
     Secretary of State, the Secretary of Transportation, and 
     other relevant agencies as appropriate, shall consider and 
     report on the status of the issues described and 
     recommendations made in--
       (i) the Report of the International Joint Commission to the 
     Governments of the United States and Canada under the 1977 
     reference issued in 1985; and
       (ii) the 1993 Report of the International Joint Commission 
     to the Governments of Canada and the United States on Methods 
     of Alleviating Adverse Consequences of Fluctuating Water 
     Levels in the Great Lakes St. Lawrence Basin.
       (c) Great Lakes Recreational Boating.--Not later than 18 
     months after the date of enactment of this Act, the Secretary 
     shall, using information and studies in existence on the date 
     of enactment of this Act to the maximum extent practicable, 
     and in cooperation with the Great Lakes States, submit to 
     Congress a report detailing the economic benefits of 
     recreational boating in the Great Lakes basin, particularly 
     at harbors benefiting from operation and maintenance projects 
     of the Army Corps of Engineers.
       (d) Cooperation.--In undertaking activities under this 
     section, the Secretary shall--
       (1) encourage public participation; and
       (2) cooperate, and, as appropriate, collaborate, with Great 
     Lakes States, tribal governments, and Canadian federal, 
     provincial, tribal governments.
       (e) Water Use Activities and Policies.--The Secretary may 
     provide technical assistance to the Great Lakes States to 
     develop interstate guidelines to improve the consistency and 
     efficiency of State-level water use activities and policies 
     in the Great Lakes basin.
       (f) Cost Sharing.--The Secretary may seek and accept funds 
     from non-Federal entities to be used to pay up to 25 percent 
     of the cost of carrying out subsections (b), (c), (d), and 
     (e).

     SEC. 159. PROJECTS FOR IMPROVEMENT OF THE ENVIRONMENT.

       Section 1135(c) of the Water Resources Development Act of 
     1986 (33 U.S.C. 2309a(c)) is amended--
       (1) by striking ``If the Secretary'' and inserting the 
     following:
       ``(1) In general.--If the Secretary''; and
       (2) by adding at the end the following:
       ``(2) Control of sea lamprey.--Congress finds that--
       ``(A) the Great Lakes navigation system has been 
     instrumental in the spread of sea lamprey and the associated 
     impacts to its fishery; and
       ``(B) the use of the authority under this subsection for 
     control of sea lamprey at any Great Lakes basin location is 
     appropriate.''.

     SEC. 160. WATER QUALITY, ENVIRONMENTAL QUALITY, RECREATION, 
                   FISH AND WILDLIFE, FLOOD CONTROL, AND 
                   NAVIGATION.

       (a) In General.--The Secretary may investigate, study, 
     evaluate, and report on--
       (1) water quality, environmental quality, recreation, fish 
     and wildlife, flood control, and navigation in the western 
     Lake Erie watershed, including the watersheds of the Maumee 
     River, Ottawa River, and Portage River in the States of 
     Indiana, Ohio, and Michigan; and
       (2) measures to improve water quality, environmental 
     quality, recreation, fish and wildlife, flood control, and 
     navigation in the western Lake Erie basin.
       (b) Cooperation.--In carrying out studies and 
     investigations under subsection (a), the Secretary shall 
     cooperate with Federal, State, and local agencies and 
     nongovernmental organizations to ensure full consideration of 
     all views and requirements of all interrelated programs that 
     those agencies may develop independently or in coordination 
     with the Army Corps of Engineers.

     SEC. 161. IRRIGATION DIVERSION PROTECTION AND FISHERIES 
                   ENHANCEMENT ASSISTANCE.

       The Secretary may provide technical planning and design 
     assistance to non-Federal interests and may conduct other 
     site-specific studies to formulate and evaluate fish screens, 
     fish passages devices, and other measures to decrease the 
     incidence of juvenile and adult fish inadvertently entering 
     into irrigation systems. Measures shall be developed in 
     cooperation with Federal and State resource agencies and not 
     impair the continued withdrawal of water for irrigation 
     purposes. In providing such assistance priority shall be 
     given based on the objectives of the Endangered Species Act, 
     cost-effectiveness, and the potential for reducing fish 
     mortality. Non-Federal interests shall agree by contract to 
     contribute 50 percent of the cost of such assistance. Not 
     more than one-half of such non-Federal contribution may be 
     made by the provision of services, materials, supplies, or 
     other in-kind services. No construction activities are 
     authorized by this section. Not later than 2 years after the 
     date of enactment of this section, the Secretary shall report 
     to Congress on fish mortality caused by irrigation water 
     intake devices, appropriate measures to reduce mortality, the 
     extent to which such measures are currently being employed in 
     the arid States, the construction costs associated with such 
     measures, and the appropriate Federal role, if any, to 
     encourage the use of such measures.

  TITLE II--CHEYENNE RIVER SIOUX TRIBE, LOWER BRULE SIOUX TRIBE, AND 
     STATE OF SOUTH DAKOTA TERRESTRIAL WILDLIFE HABITAT RESTORATION

     SEC. 201. DEFINITIONS.

       In this title:
       (1) Restoration.--The term ``restoration'' means mitigation 
     of the habitat of wildlife.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Army.
       (3) Terrestrial wildlife habitat.--The term ``terrestrial 
     wildlife habitat'' means a habitat for a wildlife species 
     (including game and nongame species) that existed or exists 
     on an upland habitat (including a prairie grassland, 
     woodland, bottom land forest, scrub, or shrub) or an emergent 
     wetland habitat.
       (4) Wildlife.--The term ``wildlife'' has the meaning given 
     the term in section 8 of the Fish and Wildlife Coordination 
     Act (16 U.S.C. 666b).

     SEC. 202. TERRESTRIAL WILDLIFE HABITAT RESTORATION.

       (a) Terrestrial Wildlife Habitat Restoration Plans.--
       (1) In general.--In accordance with this subsection and in 
     consultation with the Secretary and the Secretary of the 
     Interior, the State of South Dakota, the Cheyenne River Sioux 
     Tribe, and the Lower Brule Sioux Tribe shall, as a condition 
     of the receipt of funds under this title, each develop a plan 
     for the restoration of terrestrial wildlife habitat loss that 
     occurred as a result of flooding related to the Big Bend and 
     Oahe projects carried out as part of the Pick-Sloan Missouri 
     River Basin program.
       (2) Submission of plan to secretary.--On completion of a 
     plan for terrestrial wildlife habitat restoration, the State 
     of South Dakota, the Cheyenne River Sioux Tribe, and the 
     Lower Brule Sioux Tribe shall submit the plan to the 
     Secretary.

[[Page S12203]]

       (3) Review by secretary and submission to committees.--The 
     Secretary shall review the plan and submit the plan, with any 
     comments, to the appropriate committees of the Senate and the 
     House of Representatives.
       (4) Funding for carrying out plans.--
       (A) State of south dakota.--
       (i) Notification.--On receipt of the plan for terrestrial 
     wildlife habitat restoration submitted by the State of South 
     Dakota, each of the Committees referred to in paragraph (3) 
     shall notify the Secretary of the Treasury of the receipt of 
     the plan.
       (ii) Availability of funds.--On notification in accordance 
     with clause (i), the Secretary of the Treasury shall make 
     available to the State of South Dakota funds from the South 
     Dakota Terrestrial Wildlife Habitat Restoration Trust Fund 
     established under section 203, to be used to carry out the 
     plan for terrestrial wildlife habitat restoration submitted 
     by the State.
       (B) Cheyenne river sioux tribe and lower brule sioux 
     tribe.--
       (i) Notification.--On receipt of the plan for terrestrial 
     wildlife habitat restoration submitted by the Cheyenne River 
     Sioux Tribe and the Lower Brule Sioux Tribe, each of the 
     Committees referred to in paragraph (3) shall notify the 
     Secretary of the Treasury of the receipt of each of the 
     plans.
       (ii) Availability of funds.--On notification in accordance 
     with clause (i), the Secretary of the Treasury shall make 
     available to the Cheyenne River Sioux Tribe and the Lower 
     Brule Sioux Tribe funds from the Cheyenne River Sioux Tribe 
     Terrestrial Wildlife Habitat Restoration Trust Fund and the 
     Lower Brule Sioux Tribe Terrestrial Wildlife Habitat 
     Restoration Trust Fund, respectively, established under 
     section 204, to be used to carry out the plan for terrestrial 
     wildlife habitat restoration submitted by the Cheyenne River 
     Sioux Tribe and the Lower Brule Sioux Tribe, respectively.
       (C) Transition period.--
       (i) In general.--During the period described in clause 
     (ii), the Secretary shall--

       (I) fund the terrestrial wildlife habitat restoration 
     programs being carried out on the date of enactment of this 
     Act on Oahe and Big Bend project land and the plans 
     established under this section at a level that does not 
     exceed the highest amount of funding that was provided for 
     the programs during a previous fiscal year; and
       (II) implement the programs.

       (ii) Period.--Clause (i) shall apply during the period--

       (I) beginning on the date of enactment of this Act; and
       (II) ending on the earlier of--

       (aa) the date on which funds are made available for use 
     from the South Dakota Terrestrial Wildlife Habitat 
     Restoration Trust Fund under section 203(d)(3)(A)(i) and the 
     Cheyenne River Sioux Tribe Terrestrial Wildlife Habitat 
     Restoration Trust Fund and the Lower Brule Sioux Tribe 
     Terrestrial Wildlife Habitat Restoration Trust Fund under 
     section 204(d)(3)(A)(i); or
       (bb) the date that is 4 years after the date of enactment 
     of this Act.
       (b) Programs for the Purchase of Wildlife Habitat Leases.--
       (1) In general.--The State of South Dakota may use funds 
     made available under section 203(d)(3)(A)(iii) to develop a 
     program for the purchase of wildlife habitat leases that 
     meets the requirements of this subsection.
       (2) Development of a plan.--
       (A) In general.--If the State of South Dakota, the Cheyenne 
     River Sioux Tribe, or the Lower Brule Sioux Tribe elects to 
     conduct a program under this subsection, the State of South 
     Dakota, the Cheyenne River Sioux Tribe, or the Lower Brule 
     Sioux Tribe (in consultation with the United States Fish and 
     Wildlife Service and the Secretary and with an opportunity 
     for public comment) shall develop a plan to lease land for 
     the protection and development of wildlife habitat, including 
     habitat for threatened and endangered species, associated 
     with the Missouri River ecosystem.
       (B) Use for program.--The plan shall be used by the State 
     of South Dakota, the Cheyenne River Sioux Tribe, or the Lower 
     Brule Sioux Tribe in carrying out the program carried out 
     under paragraph (1).
       (3) Conditions of leases.--Each lease covered under a 
     program carried out under paragraph (1) shall specify that 
     the owner of the property that is subject to the lease shall 
     provide--
       (A) public access for sportsmen during hunting season; and
       (B) public access for other outdoor uses covered under the 
     lease, as negotiated by the landowner and the State of South 
     Dakota, the Cheyenne River Sioux Tribe, or the Lower Brule 
     Sioux Tribe.
       (4) Use of assistance.--
       (A) State of south dakota.--If the State of South Dakota 
     conducts a program under this subsection, the State may use 
     funds made available under section 203(d)(3)(A)(iii) to--
       (i) acquire easements, rights-of-way, or leases for 
     management and protection of wildlife habitat, including 
     habitat for threatened and endangered species, and public 
     access to wildlife on private property in the State of South 
     Dakota;
       (ii) create public access to Federal or State land through 
     the purchase of easements or rights-of-way that traverse such 
     private property; or
       (iii) lease land for the creation or restoration of a 
     wetland on such private property.
       (B) Cheyenne river sioux tribe and lower brule sioux 
     tribe.--If the Cheyenne River Sioux Tribe or the Lower Brule 
     Sioux Tribe conducts a program under this subsection, the 
     Tribe may use funds made available under section 
     204(d)(3)(A)(iii) for the purposes described in subparagraph 
     (A).
       (c) Federal Obligation for Terrestrial Wildlife Habitat 
     Mitigation for the Big Bend and Oahe Projects in South 
     Dakota.--The establishment of the trust funds under sections 
     203 and 204 and the development and implementation of plans 
     for terrestrial wildlife habitat restoration developed by the 
     State of South Dakota, the Cheyenne River Sioux Tribe, and 
     the Lower Brule Sioux Tribe in accordance with this section 
     shall be considered to satisfy the Federal obligation under 
     the Fish and Wildlife Coordination Act (16 U.S.C. 661 et 
     seq.) for terrestrial wildlife habitat mitigation for the 
     State of South Dakota, the Cheyenne River Sioux Tribe, and 
     the Lower Brule Sioux Tribe for the Big Bend and Oahe 
     projects carried out as part of the Pick-Sloan Missouri River 
     Basin program.

     SEC. 203. SOUTH DAKOTA TERRESTRIAL WILDLIFE HABITAT 
                   RESTORATION TRUST FUND.

       (a) Establishment.--There is established in the Treasury of 
     the United States a fund to be known as the ``South Dakota 
     Terrestrial Wildlife Habitat Restoration Trust Fund'' 
     (referred to in this section as the ``Fund'').
       (b) Funding.--For the fiscal year during which this Act is 
     enacted and each fiscal year thereafter until the aggregate 
     amount deposited in the Fund under this subsection is equal 
     to at least $108,000,000, the Secretary of the Treasury shall 
     deposit in the Fund an amount equal to 15 percent of the 
     receipts from the deposits in the Treasury of the United 
     States for the preceding fiscal year from the power program 
     of the Pick-Sloan Missouri River Basin program, administered 
     by the Western Area Power Administration.
       (c) Investments.--The Secretary of the Treasury shall 
     invest the amounts deposited under subsection (b) only in 
     interest-bearing obligations of the United States or in 
     obligations guaranteed by the United States as to both 
     principal and interest.
       (d) Payments.--
       (1) In general.--All amounts credited as interest under 
     subsection (c) shall be available, without fiscal year 
     limitation, to the State of South Dakota for use in 
     accordance with paragraph (3).
       (2) Withdrawal and transfer of funds.--Subject to section 
     202(a)(4)(A), the Secretary of the Treasury shall withdraw 
     amounts credited as interest under paragraph (1) and transfer 
     the amounts to the State of South Dakota for use as State 
     funds in accordance with paragraph (3).
       (3) Use of transferred funds.--
       (A) In general.--Subject to subparagraph (B), the State of 
     South Dakota shall use the amounts transferred under 
     paragraph (2) only to--
       (i) fully fund the annually scheduled work described in the 
     terrestrial wildlife habitat restoration plan of the State 
     developed under section 202(a); and
       (ii) with any remaining funds--

       (I) protect archaeological, historical, and cultural sites 
     located along the Missouri River on land transferred to the 
     State;
       (II) fund all costs associated with the ownership, 
     management, operation, administration, maintenance, and 
     development of recreation areas and other lands that are 
     transferred to the State of South Dakota by the Secretary;
       (III) purchase and administer wildlife habitat leases under 
     section 202(b);
       (IV) carry out other activities described in section 202; 
     and
       (V) develop and maintain public access to, and protect, 
     wildlife habitat and recreation areas along the Missouri 
     River.

       (B) Prohibition.--The amounts transferred under paragraph 
     (2) shall not be used for the purchase of land in fee title.
       (e) Transfers and Withdrawals.--Except as provided in 
     subsection (d), the Secretary of the Treasury may not 
     transfer or withdraw any amount deposited under subsection 
     (b).
       (f) Administrative Expenses.--There are authorized to be 
     appropriated to the Secretary of the Treasury such sums as 
     are necessary to pay the administrative expenses of the Fund.

     SEC. 204. CHEYENNE RIVER SIOUX TRIBE AND LOWER BRULE SIOUX 
                   TRIBE TERRESTRIAL WILDLIFE HABITAT RESTORATION 
                   TRUST FUNDS.

       (a) Establishment.--There are established in the Treasury 
     of the United States 2 funds to be known as the ``Cheyenne 
     River Sioux Tribe Terrestrial Wildlife Restoration Trust 
     Fund'' and the ``Lower Brule Sioux Tribe Terrestrial Wildlife 
     Habitat Restoration Trust Fund'' (each of which is referred 
     to in this section as a ``Fund'').
       (b) Funding.--
       (1) In general.--Subject to paragraph (2), for the fiscal 
     year during which this Act is enacted and each fiscal year 
     thereafter until the aggregate amount deposited in the Funds 
     under this subsection is equal to at least $57,400,000, the 
     Secretary of the Treasury shall deposit in the Funds an 
     amount equal to 10 percent of the receipts from the deposits 
     in the Treasury of the United States for the preceding fiscal 
     year from the power program of the Pick-Sloan Missouri River 
     Basin program, administered by the Western Area Power 
     Administration.
       (2) Allocation.--Of the total amount of funds deposited 
     into the Funds for a fiscal

[[Page S12204]]

     year, the Secretary of the Treasury shall deposit--
       (A) 74 percent of the funds into the Cheyenne River Sioux 
     Tribe Terrestrial Wildlife Restoration Trust Fund; and
       (B) 26 percent of the funds into the Lower Brule Sioux 
     Tribe Terrestrial Wildlife Habitat Restoration Trust Fund.
       (c) Investments.--The Secretary of the Treasury shall 
     invest the amounts deposited under subsection (b) only in 
     interest-bearing obligations of the United States or in 
     obligations guaranteed as to both principal and interest by 
     the United States.
       (d) Payments.--
       (1) In general.--All amounts credited as interest under 
     subsection (c) shall be available, without fiscal year 
     limitation, to the Cheyenne River Sioux Tribe and the Lower 
     Brule Sioux Tribe for their use in accordance with paragraph 
     (3).
       (2) Withdrawal and transfer of funds.--Subject to section 
     202(a)(4)(B), the Secretary of the Treasury shall withdraw 
     amounts credited as interest under paragraph (1) and transfer 
     the amounts to the Cheyenne River Sioux Tribe and the Lower 
     Brule Sioux Tribe for use in accordance with paragraph (3).
       (3) Use of transferred funds.--
       (A) In general.--Subject to subparagraph (B), the Cheyenne 
     River Sioux Tribe and the Lower Brule Sioux Tribe shall use 
     the amounts transferred under paragraph (2) only to--
       (i) fully fund the annually scheduled work described in the 
     terrestrial wildlife habitat restoration plan of the 
     respective Tribe developed under section 202(a); and
       (ii) with any remaining funds--

       (I) protect archaeological, historical, and cultural sites 
     located along the Missouri River on land transferred to the 
     respective Tribe;
       (II) fund all costs associated with the ownership, 
     management, operation, administration, maintenance, and 
     development of recreation areas and other lands that are 
     transferred to the respective Tribe by the Secretary;
       (III) purchase and administer wildlife habitat leases under 
     section 202(b);
       (IV) carry out other activities described in section 202; 
     and
       (V) develop and maintain public access to, and protect, 
     wildlife habitat and recreation areas along the Missouri 
     River.

       (B) Prohibition.--The amounts transferred under paragraph 
     (2) shall not be used for the purchase of land in fee title.
       (e) Transfers and Withdrawals.--Except as provided in 
     subsection (d), the Secretary of the Treasury may not 
     transfer or withdraw any amount deposited under subsection 
     (b).
       (f) Administrative Expenses.--There are authorized to be 
     appropriated to the Secretary of the Treasury such sums as 
     are necessary to pay the administrative expenses of the Fund.

     SEC. 205. TRANSFER OF FEDERAL LAND TO STATE OF SOUTH DAKOTA.

       (a) In General.--
       (1) Transfer.--
       (A) In general.--The Secretary of the Army shall transfer 
     to the Department of Game, Fish and Parks of the State of 
     South Dakota (referred to in this section as the 
     ``Department'') the land and recreation areas described in 
     subsections (b) and (c) for fish and wildlife purposes, or 
     public recreation uses, in perpetuity.
       (B) Permits, rights-of-way, and easements.--All permits, 
     rights-of-way, and easements granted by the Secretary of the 
     Army to the Oglala Sioux Tribe for land on the west side of 
     the Missouri River between the Oahe Dam and Highway 14, and 
     all permits, rights-of-way, and easements on any other land 
     administered by the Secretary and used by the Oglala Sioux 
     Rural Water Supply System, are granted to the Oglala Sioux 
     Tribe in perpetuity to be held in trust under section 3(e) of 
     the Mni Wiconi Project Act of 1988 (102 Stat. 2568).
       (2) Uses.--The Department shall maintain and develop the 
     land outside the recreation areas for fish and wildlife 
     purposes in accordance with--
       (A) fish and wildlife purposes in effect on the date of 
     enactment of this Act; or
       (B) a plan developed under section 202.
       (3) Corps of engineers.--The transfer shall not interfere 
     with the Corps of Engineers operation of a project under this 
     section for an authorized purpose of the project under the 
     Act of December 22, 1944 (58 Stat. 887, chapter 665; 33 
     U.S.C. 701-1 et seq.), or other applicable law.
       (4) Secretary of the army.--The Secretary of the Army shall 
     retain the right to inundate with water the land transferred 
     to the Department under this section or draw down a project 
     reservoir, as necessary to carry out an authorized purpose of 
     a project.
       (b) Land Transferred.--The land described in this 
     subsection is land that--
       (1) is located above the top of the exclusive flood pool of 
     the Oahe, Big Bend, Fort Randall, and Gavin's Point projects 
     of the Pick-Sloan Missouri River Basin program;
       (2) was acquired by the Secretary of the Army for the 
     implementation of the Pick-Sloan Missouri River Basin 
     program;
       (3) is located outside the external boundaries of a 
     reservation of an Indian Tribe; and
       (4) is located within the State of South Dakota.
       (c) Recreation Areas Transferred.--A recreation area 
     described in this section includes the land and waters within 
     a recreation area that--
       (1) the Secretary of the Army determines, at the time of 
     the transfer, is a recreation area classified for recreation 
     use by the Corps of Engineers on the date of enactment of 
     this Act;
       (2) is located outside the external boundaries of a 
     reservation of an Indian Tribe;
       (3) is located within the State of South Dakota;
       (4) is not the recreation area known as ``Cottonwood'', 
     ``Training Dike'', or ``Tailwaters''; and
       (5) is located below Gavin's Point Dam in the State of 
     South Dakota in accordance with boundary agreements and 
     reciprocal fishing agreements between the State of South 
     Dakota and the State of Nebraska in effect on the date of 
     enactment of this Act, which agreements shall continue to be 
     honored by the State of South Dakota as the agreements apply 
     to any land or recreation areas transferred under this title 
     to the State of South Dakota below Gavin's Point Dam and on 
     the waters of the Missouri River.
       (d) Map.--
       (1) In general.--The Secretary of the Army, in consultation 
     with the Department, shall prepare a map of the land and 
     recreation areas transferred under this section.
       (2) Land.--The map shall identify--
       (A) land reasonably expected to be required for project 
     purposes during the 20-year period beginning on the date of 
     enactment of this Act; and
       (B) dams and related structures;
     which shall be retained by the Secretary.
       (3) Availability.--The map shall be on file in the 
     appropriate offices of the Secretary of the Army.
       (e) Schedule for Transfer.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary of the Army and the 
     Secretary of the Department shall jointly develop a schedule 
     for transferring the land and recreation areas under this 
     section.
       (2) Transfer deadline.--All land and recreation areas shall 
     be transferred not later than 1 year after the full 
     capitalization of the Trust Fund described in section 203.
       (f) Transfer Conditions.--The land and recreation areas 
     described in subsections (b) and (c) shall be transferred in 
     fee title to the Department on the following conditions:
       (1) Responsibility for damage.--The Secretary of the Army 
     shall not be responsible for any damage to the land caused by 
     flooding, sloughing, erosion, or other changes to the land 
     caused by the operation of any project of the Pick-Sloan 
     Missouri River Basin program (except as otherwise provided by 
     Federal law).
       (2) Easements, rights-of-way, leases, and cost-sharing 
     agreements.--The Department shall maintain all easements, 
     rights-of-way, leases, and cost-sharing agreements that are 
     in effect as of the date of the transfer.
       (g) Hunting and Fishing.--
       (1) In general.--Nothing in this title affects jurisdiction 
     over the land and water below the exclusive flood pool of the 
     Missouri River within the State of South Dakota, including 
     affected Indian reservations. The State of South Dakota, the 
     Lower Brule Sioux Tribe, and the Cheyenne River Sioux Tribe 
     shall continue in perpetuity to exercise the jurisdiction the 
     State and Tribes possess on the date of enactment of this 
     Act.
       (2) No effect on respective jurisdictions.--The Secretary 
     may not adopt any regulation or otherwise affect the 
     respective jurisdictions of the State of South Dakota, the 
     Lower Brule River Sioux Tribe, or the Cheyenne River Sioux 
     Tribe described in paragraph (1).
       (h) Applicability of Law.--Notwithstanding any other 
     provision of this Act, the following provisions of law shall 
     apply to land transferred under this section:
       (1) The National Historic Preservation Act (16 U.S.C. 470 
     et seq.), including sections 106 and 304 of that Act (16 
     U.S.C. 470f, 470w-3).
       (2) The Archaeological Resources Protection Act of 1979 (16 
     U.S.C. 470aa et seq.), including sections 4, 6, 7, and 9 of 
     that Act (16 U.S.C. 470cc, 470ee, 470ff, 470hh).
       (3) The Native American Graves Protection Act and 
     Repatriation Act (25 U.S.C. 3001 et seq.), including 
     subsections (a) and (d) of section 3 of that Act (25 U.S.C. 
     3003).

     SEC. 206. TRANSFER OF CORPS OF ENGINEERS LAND FOR INDIAN 
                   TRIBES.

       (a) In General.--
       (1) Transfer.--The Secretary of the Army shall transfer to 
     the Secretary of the Interior the land and recreation areas 
     described in subsections (b) and (c).
       (2) Corps of engineers.--The transfer shall not interfere 
     with the Corps of Engineers operation of a project under this 
     section for an authorized purpose of the project under the 
     Act of December 22, 1944 (58 Stat. 887, chapter 665; 33 
     U.S.C. 701-1 et seq.), or other applicable law.
       (3) Secretary of the army.--The Secretary of the Army shall 
     retain the right to inundate with water the land transferred 
     to the Secretary of the Interior under this section or draw 
     down a project reservoir, as necessary to carry out an 
     authorized purpose of a project.
       (4) Trust.--The Secretary of the Interior shall hold in 
     trust for the Cheyenne River Sioux Tribe and the Lower Brule 
     Sioux Tribe the land transferred under this section that is 
     located within the external boundaries of the reservation of 
     the Indian Tribes.
       (b) Land Transferred.--The land described in this 
     subsection is land that--
       (1) is located above the top of the exclusive flood pool of 
     the Big Bend and Oahe projects

[[Page S12205]]

     of the Pick-Sloan Missouri River Basin program;
       (2) was acquired by the Secretary of the Army for the 
     implementation of the Pick-Sloan Missouri River Basin 
     program; and
       (3) is located within the external boundaries of the 
     reservation of the Cheyenne River Sioux Tribe and the Lower 
     Brule Sioux Tribe.
       (c) Recreation Areas Transferred.--A recreation area 
     described in this section includes the land and waters within 
     a recreation area that--
       (1) the Secretary of the Army determines, at the time of 
     the transfer, is a recreation area classified for recreation 
     use by the Corps of Engineers on the date of enactment of 
     this Act;
       (2) is located within the external boundaries of a 
     reservation of an Indian Tribe; and
       (3) is located within the State of South Dakota.
       (d) Map.--
       (1) In general.--The Secretary of the Army, in consultation 
     with the governing bodies of the Cheyenne River Sioux Tribe 
     and the Lower Brule Sioux Tribe, shall prepare a map of the 
     land transferred under this section.
       (2) Land.--The map shall identify--
       (A) land reasonably expected to be required for project 
     purposes during the 20-year period beginning on the date of 
     enactment of this Act; and
       (B) dams and related structures;
     which shall be retained by the Secretary.
       (3) Availability.--The map shall be on file in the 
     appropriate offices of the Secretary of the Army.
       (e) Schedule for Transfer.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary of the Army and the 
     Chairmen of the Cheyenne River Sioux Tribe and the Lower 
     Brule Sioux Tribe shall jointly develop a schedule for 
     transferring the land and recreation areas under this 
     section.
       (2) Transfer deadline.--All land and recreation areas shall 
     be transferred not later than 1 year after the full 
     capitalization of the State and tribal Trust Fund described 
     in section 204.
       (f) Transfer Conditions.--The land and recreation areas 
     described in subsections (b) and (c) shall be transferred to, 
     and held in trust by, the Secretary of the Interior on the 
     following conditions:
       (1) Responsibility for damage.--The Secretary of the Army 
     shall not be responsible for any damage to the land caused by 
     flooding, sloughing, erosion, or other changes to the land 
     caused by the operation of any project of the Pick-Sloan 
     Missouri River Basin program (except as otherwise provided by 
     Federal law).
       (2) Hunting and fishing.--Nothing in this title affects 
     jurisdiction over the land and waters below the exclusive 
     flood pool and within the external boundaries of the Cheyenne 
     River Sioux Tribe and Lower Brule Sioux Tribe reservations. 
     The State of South Dakota, the Lower Brule Sioux Tribe, and 
     the Cheyenne River Sioux Tribe shall continue to exercise, in 
     perpetuity, the jurisdiction they possess on the date of 
     enactment of this Act with regard to those lands and waters. 
     The Secretary may not adopt any regulation or otherwise 
     affect the respective jurisdictions of the State of South 
     Dakota, the Lower Brule River Sioux Tribe, or the Cheyenne 
     River Sioux Tribe described in the preceding sentence. 
     Jurisdiction over the land transferred under this section 
     shall be the same as that over other land held in trust by 
     the Secretary of the Interior on the Cheyenne River Sioux 
     Tribe reservation and the Lower Brule Sioux Tribe 
     reservation.
       (3) Easements, rights-of-way, leases, and cost-sharing 
     agreements.--
       (A) Maintenance.--The Secretary of the Interior shall 
     maintain all easements, rights-of-way, leases, and cost-
     sharing agreements that are in effect as of the date of the 
     transfer.
       (B) Payments to county.--The Secretary of the Interior 
     shall pay any affected county 100 percent of the receipts 
     from the easements, rights-of-way, leases, and cost-sharing 
     agreements described in subparagraph (A).

     SEC. 207. ADMINISTRATION.

       (a) In General.--Nothing in this title diminishes or 
     affects--
       (1) any water right of an Indian Tribe;
       (2) any other right of an Indian Tribe, except as 
     specifically provided in another provision of this title;
       (3) any treaty right that is in effect on the date of 
     enactment of this Act;
       (4) any external boundary of an Indian reservation of an 
     Indian Tribe;
       (5) any authority of the State of South Dakota that relates 
     to the protection, regulation, or management of fish, 
     terrestrial wildlife, and cultural and archaeological 
     resources, except as specifically provided in this title; or
       (6) any authority of the Secretary, the Secretary of the 
     Interior, or the head of any other Federal agency under a law 
     in effect on the date of enactment of this Act, including--
       (A) the National Historic Preservation Act (16 U.S.C. 470 
     et seq.);
       (B) the Archaeological Resources Protection Act of 1979 (16 
     U.S.C. 470aa et seq.);
       (C) the Fish and Wildlife Coordination Act (16 U.S.C. 661 
     et seq.);
       (D) the Act entitled ``An Act for the protection of the 
     bald eagle'', approved June 8, 1940 (16 U.S.C. 668 et seq.);
       (E) the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.);
       (F) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.);
       (G) the Native American Graves Protection and Repatriation 
     Act (25 U.S.C. 3001 et seq.);
       (H) the Federal Water Pollution Control Act (commonly known 
     as the ``Clean Water Act'') (33 U.S.C. 1251 et seq.);
       (I) the Safe Drinking Water Act (42 U.S.C. 300f et seq.); 
     and
       (J) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.).
       (b) Power Rates.--No payment made under this title shall 
     affect any power rate under the Pick-Sloan Missouri River 
     Basin program.
       (c) Federal Liability for Damage.--Nothing in this title 
     relieves the Federal Government of liability for damage to 
     private land caused by the operation of the Pick-Sloan 
     Missouri River Basin program.
       (d) Flood Control.--Notwithstanding any other provision of 
     this title, the Secretary shall retain the authority to 
     operate the Pick-Sloan Missouri River Basin program for 
     purposes of meeting the requirements of the Act of December 
     22, 1944 (58 Stat. 887, chapter 665; 33 U.S.C. 701-1 et 
     seq.).

     SEC. 208. STUDY.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary of the Army shall 
     arrange for the United States Geological Survey, in 
     consultation with the Bureau of Indian Affairs and other 
     appropriate Federal agencies, to conduct a comprehensive 
     study of the potential impacts of the transfer of land under 
     sections 205(b) and 206(b), including potential impacts on 
     South Dakota Sioux Tribes having water claims within the 
     Missouri River Basin, on water flows in the Missouri River.
       (b) No Transfer Pending Determination.--No transfer of land 
     under section 205(b) or 206(b) shall occur until the 
     Secretary determines, based on the study, that the transfer 
     of land under either section will not significantly reduce 
     the amount of water flow to the downstream States of the 
     Missouri River.

     SEC. 209. AUTHORIZATION OF APPROPRIATIONS.

       (a) Secretary.--There are authorized to be appropriated to 
     the Secretary such sums as are necessary--
       (1) to pay the administrative expenses incurred by the 
     Secretary in carrying out this title; and
       (2) to fund the implementation of terrestrial wildlife 
     habitat restoration plans under section 202(a).
       (b) Secretary of the Interior.--There are authorized to be 
     appropriated to the Secretary of the Interior such sums as 
     are necessary to pay the administrative expenses incurred by 
     the Secretary of the Interior in carrying out this title.

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