Sec. 258. FLOOD MITIGATION NEAR PIERRE, SOUTH DAKOTA

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## SEC. 258 FLOOD MITIGATION NEAR PIERRE, SOUTH DAKOTA ###

(a)Requirement Subject to subsection (b), as soon as practicable after the date of the enactment of this Act, with respect to land and property described in the Flood Mitigation Study and Project Implementation Plan for the Missouri River near Pierre, South Dakota, prepared by the Omaha District Corps of Engineers, dated August 12, 1999, the Secretary of the Army shall— ####

(1)acquire the land and property from willing sellers; and ####

(2)#####

(A)floodproof the land; #####

(B)relocate individuals located on the land; #####

(C)improve infrastructure on the land; or #####

(D)take other measures determined by the Secretary. ###

(b)Releases ####

(1)In general The Secretary shall not proceed with full wintertime Oahe Powerplant releases until the Secretary amends the economic analysis in effect on the date of the enactment of this Act to include an assumption that the Federal Government is responsible for mitigating any existing ground water flooding to the land and property described in subsection (a). ####

(2)Reduction To the extent the Secretary identifies benefits of mitigating any existing ground water flooding, full wintertime Oahe Powerplant releases shall be reduced consistent with the economic analysis described in paragraph (1). ####

(3)Minimum level This subsection shall not permit Oahe Powerplant releases to be reduced below existing operational levels.