PUBLIC LAW 104–303—OCT. 12, 1996

WATER RESOURCES DEVELOPMENT ACT OF

1996
110 STAT. 3658 PUBLIC LAW 104–303—OCT. 12, 1996

Public Law 104–303

104th Congress

An Act

To provide for the conservation and development of water and related resources,

to authorize the Secretary of the Army to construct various projects for improvements to rivers and harbors of the United States, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.—This Act may be cited as the ‘‘Water

Resources Development Act of 1996’’.

(b) TABLE OF CONTENTS.—

Sec. 1. Short title; table of contents.

TITLE I—WATER RESOURCES PROJECTS

Sec. 101. Project authorizations.

Sec. 102. Small flood control projects.

Sec. 103. Small bank stabilization projects.

Sec. 104. Small navigation projects.

Sec. 105. Small shoreline protection projects.

Sec. 106. Small snagging and sediment removal project, Mississippi River, Little

Falls, Minnesota.

Sec. 107. Small projects for improvement of the environment.

TITLE II—GENERAL PROVISIONS

Sec. 201. Cost sharing for dredged material disposal areas.

Sec. 202. Flood control policy.

Sec. 203. Cost sharing for feasibility studies.

Sec. 204. Restoration of environmental quality.

Sec. 205. Environmental dredging.

Sec. 206. Aquatic ecosystem restoration.

Sec. 207. Beneficial uses of dredged material.

Sec. 208. Recreation policy and user fees.

Sec. 209. Recovery of costs.

Sec. 210. Cost sharing for environmental projects.

Sec. 211. Construction of flood control projects by non-Federal interests.

Sec. 212. Engineering and environmental innovations of national significance.

Sec. 213. Lease authority.

Sec. 214. Collaborative research and development.

Sec. 215. National dam safety program.

Sec. 216. Hydroelectric power project uprating.

Sec. 217. Dredged material disposal facility partnerships.

Sec. 218. Obstruction removal requirement.

Sec. 219. Small project authorizations.

Sec. 220. Uneconomical cost-sharing requirements.

Sec. 221. Planning assistance to States.

Sec. 222. Corps of Engineers expenses.

Sec. 223. State and Federal agency review period.

Sec. 224. Section 215 reimbursement limitation per project.

Sec. 225. Melaleuca.

Sec. 226. Sediments decontamination technology.

Sec. 227. Shore protection.

Sec. 228. Conditions for project deauthorizations.

33 USC 2201

note.

Water Resources

Development Act

of 1996.

Oct. 12, 1996

[S. 640]
PUBLIC LAW 104–303—OCT. 12, 1996 110 STAT. 3659

Sec. 229. Support of Army civil works program.

Sec. 230. Benefits to navigation.

Sec. 231. Loss of life prevention.

Sec. 232. Scenic and aesthetic considerations.

Sec. 233. Termination of technical advisory committee.

Sec. 234. Interagency and international support authority.

Sec. 235. Sense of Congress; requirement regarding notice.

Sec. 236. Technical corrections.

Sec. 237. Hopper dredges.

TITLE III—PROJECT-RELATED PROVISIONS

Sec. 301. Project modifications.

Sec. 302. Mobile Harbor, Alabama.

Sec. 303. Nogales Wash and Tributaries, Arizona.

Sec. 304. White River Basin, Arkansas and Missouri.

Sec. 305. Channel Islands Harbor, California.

Sec. 306. Lake Elsinore, California.

Sec. 307. Los Angeles and Long Beach Harbors, San Pedro Bay, California.

Sec. 308. Los Angeles County drainage area, California.

Sec. 309. Prado Dam, California.

Sec. 310. Queensway Bay, California.

Sec. 311. Seven Oaks Dam, California.

Sec. 312. Thames River, Connecticut.

Sec. 313. Canaveral Harbor, Florida.

Sec. 314. Captiva Island, Florida.

Sec. 315. Central and Southern Florida, Canal 51.

Sec. 316. Central and Southern Florida, Canal 111.

Sec. 317. Jacksonville Harbor (Mill Cove), Florida.

Sec. 318. Panama City Beaches, Florida.

Sec. 319. Chicago, Illinois.

Sec. 320. Chicago Lock and Thomas J. O’Brien Lock, Illinois.

Sec. 321. Kaskaskia River, Illinois.

Sec. 322. Locks and Dam 26, Alton, Illinois and Missouri.

Sec. 323. White River, Indiana.

Sec. 324. Baptiste Collette Bayou, Louisiana.

Sec. 325. Lake Pontchartrain, Louisiana.

Sec. 326. Mississippi River-Gulf Outlet, Louisiana.

Sec. 327. Tolchester Channel, Maryland.

Sec. 328. Cross Village Harbor, Michigan.

Sec. 329. Saginaw River, Michigan.

Sec. 330. Sault Sainte Marie, Chippewa County, Michigan.

Sec. 331. St. Johns Bayou and New Madrid Floodway, Missouri.

Sec. 332. Lost Creek, Columbus, Nebraska.

Sec. 333. Passaic River, New Jersey.

Sec. 334. Acequias irrigation system, New Mexico.

Sec. 335. Jones Inlet, New York.

Sec. 336. Buford Trenton Irrigation District, North Dakota.

Sec. 337. Reno Beach-Howards Farm, Ohio.

Sec. 338. Broken Bow Lake, Red River Basin, Oklahoma.

Sec. 339. Wister Lake project, Leflore County, Oklahoma.

Sec. 340. Bonneville Lock and Dam, Columbia River, Oregon and Washington.

Sec. 341. Columbia River dredging, Oregon and Washington.

Sec. 342. Lackawanna River at Scranton, Pennsylvania.

Sec. 343. Mussers Dam, Middle Creek, Snyder County, Pennsylvania.

Sec. 344. Schuylkill River, Pennsylvania.

Sec. 345. South Central Pennsylvania.

Sec. 346. Wyoming Valley, Pennsylvania.

Sec. 347. Allendale Dam, North Providence, Rhode Island.

Sec. 348. Narragansett, Rhode Island.

Sec. 349. Clouter Creek disposal area, Charleston, South Carolina.

Sec. 350. Buffalo Bayou, Texas.

Sec. 351. Dallas floodway extension, Dallas, Texas.

Sec. 352. Grundy, Virginia.

Sec. 353. Haysi Lake, Virginia.

Sec. 354. Rudee Inlet, Virginia Beach, Virginia.

Sec. 355. Virginia Beach, Virginia.

Sec. 356. East Waterway, Washington.

Sec. 357. Bluestone Lake, West Virginia.

Sec. 358. Moorefield, West Virginia.

Sec. 359. Southern West Virginia.

Sec. 360. West Virginia trailhead facilities.
110 STAT. 3660 PUBLIC LAW 104–303—OCT. 12, 1996

Sec. 361. Kickapoo River, Wisconsin.

Sec. 362. Teton County, Wyoming.

Sec. 363. Project reauthorizations.

Sec. 364. Project deauthorizations.

Sec. 365. Mississippi Delta Region, Louisiana.

Sec. 366. Monongahela River, Pennsylvania.

TITLE IV—STUDIES

Sec. 401. Corps capability study, Alaska.

Sec. 402. Red River, Arkansas.

Sec. 403. McDowell Mountain, Arizona.

Sec. 404. Nogales Wash and tributaries, Arizona.

Sec. 405. Garden Grove, California.

Sec. 406. Mugu Lagoon, California.

Sec. 407. Murrieta Creek, Riverside County, California.

Sec. 408. Pine Flat Dam fish and wildlife habitat restoration, California.

Sec. 409. Santa Ynez, California.

Sec. 410. Southern California infrastructure.

Sec. 411. Stockton, California.

Sec. 412. Yolo Bypass, Sacramento-San Joaquin Delta, California.

Sec. 413. West Dade, Florida.

Sec. 414. Savannah River Basin comprehensive water resources study.

Sec. 415. Chain of Rocks Canal, Illinois.

Sec. 416. Quincy, Illinois.

Sec. 417. Springfield, Illinois.

Sec. 418. Beauty Creek watershed, Valparaiso City, Porter County, Indiana.

Sec. 419. Grand Calumet River, Hammond, Indiana.

Sec. 420. Indiana Harbor Canal, East Chicago, Lake County, Indiana.

Sec. 421. Koontz Lake, Indiana.

Sec. 422. Little Calumet River, Indiana.

Sec. 423. Tippecanoe River watershed, Indiana.

Sec. 424. Calcasieu River, Hackberry, Louisiana.

Sec. 425. Morganza, Louisiana, to Gulf of Mexico.

Sec. 426. Huron River, Michigan.

Sec. 427. City of North Las Vegas, Clark County, Nevada.

Sec. 428. Lower Las Vegas Wash wetlands, Clark County, Nevada.

Sec. 429. Northern Nevada.

Sec. 430. Saco River, New Hampshire.

Sec. 431. Buffalo River greenway, New York.

Sec. 432. Coeymans, New York.

Sec. 433. New York Bight and Harbor study.

Sec. 434. Port of Newburgh, New York.

Sec. 435. Port of New York-New Jersey navigation study.

Sec. 436. Shinnecock Inlet, New York.

Sec. 437. Chagrin River, Ohio.

Sec. 438. Cuyahoga River, Ohio.

Sec. 439. Columbia Slough, Oregon.

Sec. 440. Charleston, South Carolina.

Sec. 441. Oahe Dam to Lake Sharpe, South Dakota.

Sec. 442. Mustang Island, Corpus Christi, Texas.

Sec. 443. Prince William County, Virginia.

Sec. 444. Pacific Region.

Sec. 445. Financing of infrastructure needs of small and medium ports.

Sec. 446. Evaluation of beach material.

TITLE V—MISCELLANEOUS PROVISIONS

Sec. 501. Land conveyances.

Sec. 502. Namings.

Sec. 503. Watershed management, restoration, and development.

Sec. 504. Environmental infrastructure.

Sec. 505. Corps capability to conserve fish and wildlife.

Sec. 506. Periodic beach nourishment.

Sec. 507. Design and construction assistance.

Sec. 508. Lakes program.

Sec. 509. Maintenance of navigation channels.

Sec. 510. Chesapeake Bay environmental restoration and protection program.

Sec. 511. Research and development program to improve salmon survival.

Sec. 512. Columbia River Treaty fishing access.

Sec. 513. Great Lakes confined disposal facilities.

Sec. 514. Great Lakes dredged material testing and evaluation manual.

Sec. 515. Great Lakes remedial action plans and sediment remediation.
PUBLIC LAW 104–303—OCT. 12, 1996 110 STAT. 3661

Sec. 516. Sediment management.

Sec. 517. Extension of jurisdiction of Mississippi River Commission.

Sec. 518. Sense of Congress regarding St. Lawrence Seaway tolls.

Sec. 519. Recreation partnership initiative.

Sec. 520. Field office headquarters facilities.

Sec. 521. Earthquake Preparedness Center of Expertise expansion.

Sec. 522. Jackson County, Alabama.

Sec. 523. Benton and Washington Counties, Arkansas.

Sec. 524. Heber Springs, Arkansas.

Sec. 525. Morgan Point, Arkansas.

Sec. 526. Calaveras County, California.

Sec. 527. Faulkner Island, Connecticut.

Sec. 528. Everglades and South Florida ecosystem restoration.

Sec. 529. Tampa, Florida.

Sec. 530. Watershed management plan for Deep River Basin, Indiana.

Sec. 531. Southern and Eastern Kentucky.

Sec. 532. Coastal wetlands restoration projects, Louisiana.

Sec. 533. Southeast Louisiana.

Sec. 534. Assateague Island, Maryland and Virginia.

Sec. 535. Cumberland, Maryland.

Sec. 536. William Jennings Randolph Access Road, Garrett County, Maryland.

Sec. 537. Poplar Island, Maryland.

Sec. 538. Erosion control measures, Smith Island, Maryland.

Sec. 539. Restoration projects for Maryland, Pennsylvania, and West Virginia.

Sec. 540. Control of aquatic plants, Michigan, Pennsylvania, and Virginia and

North Carolina.

Sec. 541. Duluth, Minnesota, alternative technology project.

Sec. 542. Lake Superior Center, Minnesota.

Sec. 543. Redwood River basin, Minnesota.

Sec. 544. Coldwater River Watershed, Mississippi.

Sec. 545. Natchez Bluffs, Mississippi.

Sec. 546. Sardis Lake, Mississippi.

Sec. 547. St. Charles County, Missouri, flood protection.

Sec. 548. St. Louis, Missouri.

Sec. 549. Libby Dam, Montana.

Sec. 550. Hackensack Meadowlands area, New Jersey.

Sec. 551. Hudson River habitat restoration, New York.

Sec. 552. New York City Watershed.

Sec. 553. New York State Canal System.

Sec. 554. Orchard Beach, Bronx, New York.

Sec. 555. Dredged material containment facility for Port of New York-New Jersey.

Sec. 556. Queens County, New York.

Sec. 557. Jamestown Dam and Pipestem Dam, North Dakota.

Sec. 558. Northeastern Ohio.

Sec. 559. Ohio River Greenway.

Sec. 560. Grand Lake, Oklahoma.

Sec. 561. Broad Top region of Pennsylvania.

Sec. 562. Curwensville Lake, Pennsylvania.

Sec. 563. Hopper dredge McFarland.

Sec. 564. Philadelphia, Pennsylvania.

Sec. 565. Seven Points Visitors Center, Raystown Lake, Pennsylvania.

Sec. 566. Southeastern Pennsylvania.

Sec. 567. Upper Susquehanna River basin, Pennsylvania and New York.

Sec. 568. Wills Creek, Hyndman, Pennsylvania.

Sec. 569. Blackstone River Valley, Rhode Island and Massachusetts.

Sec. 570. Dredged material containment facility for Port of Providence, Rhode Island.

Sec. 571. Quonset Point-Davisville, Rhode Island.

Sec. 572. East Ridge, Tennessee.

Sec. 573. Murfreesboro, Tennessee.

Sec. 574. Tennessee River, Hamilton County, Tennessee.

Sec. 575. Harris County, Texas.

Sec. 576. Neabsco Creek, Virginia.

Sec. 577. Tangier Island, Virginia.

Sec. 578. Pierce County, Washington.

Sec. 579. Greenbrier River Basin, West Virginia, flood protection.

Sec. 580. Lower Mud River, Milton, West Virginia.

Sec. 581. West Virginia and Pennsylvania flood control.

Sec. 582. Site designation.

Sec. 583. Long Island Sound.

Sec. 584. Water monitoring station.

Sec. 585. Overflow management facility.
110 STAT. 3662 PUBLIC LAW 104–303—OCT. 12, 1996

Sec. 586. Privatization of infrastructure assets.

TITLE VI—EXTENSION OF EXPENDITURE AUTHORITY UNDER HARBOR

MAINTENANCE TRUST FUND

Sec. 601. Extension of expenditure authority under Harbor Maintenance Trust

Fund.

SEC. 2. DEFINITION.

In this Act, the term ‘‘Secretary’’ means the Secretary of the

Army.

TITLE I—WATER RESOURCES

PROJECTS

SEC. 101. PROJECT AUTHORIZATIONS.

(a) PROJECTS WITH CHIEF’S REPORTS.—Except as provided in

this subsection, 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 subsection:

(1) AMERICAN RIVER WATERSHED, CALIFORNIA.—

(A) IN GENERAL.—The project for flood damage reduction, American and Sacramento Rivers, California: Report

of the Chief of Engineers, dated June 27, 1996, at a total

cost of $56,900,000, with an estimated Federal cost of

$42,675,000 and an estimated non-Federal cost of

$14,225,000, consisting of—

(i) approximately 24 miles of slurry wall in the

levees along the lower American River;

(ii) approximately 12 miles of levee modifications

along the east bank of the Sacramento River downstream from the Natomas Cross Canal;

(iii) 3 telemeter streamflow gauges upstream from

the Folsom Reservoir; and

(iv) modifications to the flood warning system

along the lower American River.

(B) CREDIT TOWARD NON-FEDERAL SHARE.—The nonFederal interest shall receive credit toward the non-Federal

share of project costs for expenses that the non-Federal

interest incurs for design or construction of any of the

features authorized under this paragraph before the date

on which Federal funds are made available for construction

of the project. The amount of the credit shall be determined

by the Secretary.

(C) INTERIM OPERATION.—Until such time as a comprehensive flood damage reduction plan for the American

River watershed has been implemented, the Secretary of

the Interior shall continue to operate the Folsom Dam

and Reservoir to the variable 400,000/670,000 acre-feet of

flood control storage capacity and shall extend the agreement between the Bureau of Reclamation and the Sacramento Area Flood Control Agency with respect to the

watershed.

(D) OTHER COSTS.—The non-Federal interest shall be

responsible for—

33 USC 2201

note.
PUBLIC LAW 104–303—OCT. 12, 1996 110 STAT. 3663

(i) all operation, maintenance, repair, replacement,

and rehabilitation costs associated with the improvements carried out under this paragraph; and

(ii) 25 percent of the costs incurred for the variable

flood control operation of the Folsom Dam and Reservoir during the 4-year period beginning on the date

of the enactment of this Act and 100 percent of such

costs thereafter.

(2) HUMBOLDT HARBOR AND BAY, CALIFORNIA.—The project

for navigation, Humboldt Harbor and Bay, California: Report

of the Chief of Engineers, dated October 30, 1995, at a total

cost of $15,180,000, with an estimated Federal cost of

$10,000,000 and an estimated non-Federal cost of $5,180,000.

(3) MARIN COUNTY SHORELINE, SAN RAFAEL, CALIFORNIA.—

The project for hurricane and storm damage reduction, Marin

County shoreline, San Rafael, California: Report of the Chief

of Engineers, dated January 28, 1994, at a total cost of

$28,300,000, with an estimated Federal cost of $18,400,000

and an estimated non-Federal cost of $9,900,000.

(4) PORT OF LONG BEACH (DEEPENING), CALIFORNIA.—The

project for navigation, Port of Long Beach (Deepening), California: Report of the Chief of Engineers, dated July 26, 1996,

at a total cost of $37,288,000, with an estimated Federal cost

of $14,318,000 and an estimated non-Federal cost of

$22,970,000.

(5) SAN LORENZO RIVER, CALIFORNIA.—The project for flood

control, San Lorenzo River, California: Report of the Chief

of Engineers, dated June 30, 1994, at a total cost of $21,800,000,

with an estimated Federal cost of $10,900,000 and an estimated

non-Federal cost of $10,900,000 and habitat restoration, at

a total cost of $4,050,000, with an estimated Federal cost of

$3,040,000 and an estimated non-Federal cost of $1,010,000.

(6) SANTA BARBARA HARBOR, CALIFORNIA.—The project for

navigation, Santa Barbara Harbor, California: Report of the

Chief of Engineers, dated April 26, 1994, at a total cost of

$5,840,000, with an estimated Federal cost of $4,670,000 and

an estimated non-Federal cost of $1,170,000.

(7) SANTA MONICA BREAKWATER, CALIFORNIA.—The project

for hurricane and storm damage reduction, Santa Monica

Breakwater, Santa Monica, California: Report of the Chief of

Engineers, dated June 7, 1996, at a total cost of $6,440,000,

with an estimated Federal cost of $4,220,000 and an estimated

non-Federal cost of $2,220,000.

(8) ANACOSTIA RIVER AND TRIBUTARIES, DISTRICT OF COLUMBIA AND MARYLAND.—The project for environmental restoration,

Anacostia River and Tributaries, District of Columbia and

Maryland: Report of the Chief of Engineers, dated November

15, 1994, at a total cost of $17,144,000, with an estimated

Federal cost of $12,858,000 and an estimated non-Federal cost

of $4,286,000.

(9) ATLANTIC INTRACOASTAL WATERWAY, ST. JOHNS COUNTY,

FLORIDA.—The project for navigation, Atlantic Intracoastal

Waterway, St. Johns County, Florida: Report of the Chief of

Engineers, dated June 24, 1994, at a total Federal cost of

$15,881,000. Operation, maintenance, repair, replacement, and

rehabilitation shall be a non-Federal responsibility, and the

non-Federal interest shall assume ownership of the bridge.
110 STAT. 3664 PUBLIC LAW 104–303—OCT. 12, 1996

(10) CEDAR HAMMOCK (WARES CREEK), FLORIDA.—The

project for flood control, Cedar Hammock (Wares Creek), Manatee County, Florida: Report of the Chief of Engineers, dated

August 23, 1996, at a total cost of $13,846,000, with an estimated Federal cost of $10,385,000 and an estimated non-Federal cost of $3,461,000.

(11) LOWER SAVANNAH RIVER BASIN, GEORGIA AND SOUTH

CAROLINA.—The project for environmental restoration, Lower

Savannah River Basin, Georgia and South Carolina: Report

of the Chief of Engineers, dated July 30, 1996, at a total

cost of $3,431,000, with an estimated Federal cost of $2,573,000

and an estimated non-Federal cost of $858,000.

(12) LAKE MICHIGAN, ILLINOIS.—The project for storm damage reduction and shoreline erosion protection, Lake Michigan,

Illinois, from Wilmette, Illinois, to the Illinois-Indiana State

line: Report of the Chief of Engineers, dated April 14, 1994,

at a total cost of $204,000,000, with an estimated Federal

cost of $110,000,000 and an estimated non-Federal cost of

$94,000,000. The project shall include the breakwater near

the South Water Filtration Plant described in the report as

a separate element of the project, at a total cost of $11,470,000,

with an estimated Federal cost of $7,460,000 and an estimated

non-Federal cost of $4,010,000. The Secretary shall reimburse

the non-Federal interest for the Federal share of any costs

incurred by the non-Federal interest—

(A) in reconstructing the revetment structures protecting Solidarity Drive in Chicago, Illinois, if such work is

determined by the Secretary to be a component of the

project; and

(B) in constructing the breakwater near the South

Water Filtration Plant in Chicago, Illinois.

(13) KENTUCKY LOCK AND DAM, TENNESSEE RIVER, KENTUCKY.—The project for navigation, Kentucky Lock and Dam,

Tennessee River, Kentucky: Report of the Chief of Engineers,

dated June 1, 1992, at a total cost of $393,200,000. The costs

of construction of the project are to be paid 1⁄2 from amounts

appropriated from the general fund of the Treasury and 1⁄2

from amounts appropriated from the Inland Waterways Trust

Fund.

(14) POND CREEK, JEFFERSON COUNTY, KENTUCKY.—The

project for flood control, Pond Creek, Jefferson County, Kentucky: Report of the Chief of Engineers, dated June 28, 1994,

at a total cost of $16,080,000, with an estimated Federal cost

of $10,993,000 and an estimated non-Federal cost of $5,087,000.

(15) WOLF CREEK DAM AND LAKE CUMBERLAND, KENTUCKY.—The project for hydropower, Wolf Creek Dam and Lake

Cumberland, Kentucky: Report of the Chief of Engineers, dated

June 28, 1994, at a total cost of $53,763,000, with an estimated

non-Federal cost of $53,763,000. Funds derived by the Tennessee Valley Authority from its power program and funds

derived from any private or public entity designated by the

Southeastern Power Administration may be used to pay all

or part of the costs of the project.

(16) PORT FOURCHON, LAFOURCHE PARISH, LOUISIANA.—The

project for navigation, Belle Pass and Bayou Lafourche, Louisiana: Report of the Chief of Engineers, dated April 7, 1995,
PUBLIC LAW 104–303—OCT. 12, 1996 110 STAT. 3665

at a total cost of $4,440,000, with an estimated Federal cost

of $2,300,000 and an estimated non-Federal cost of $2,140,000.

(17) WEST BANK OF THE MISSISSIPPI RIVER, NEW ORLEANS

(EAST OF HARVEY CANAL), LOUISIANA.—The project for hurricane

damage reduction, West Bank of the Mississippi River in the

vicinity of New Orleans (East of Harvey Canal), Louisiana:

Report of the Chief of Engineers, dated May 1, 1995, at a

total cost of $126,000,000, with an estimated Federal cost of

$82,200,000 and an estimated non-Federal cost of $43,800,000.

(18) BLUE RIVER BASIN, KANSAS CITY, MISSOURI.—The

project for flood control, Blue River Basin, Kansas City, Missouri: Report of the Chief of Engineers, dated September 5,

1996, at a total cost of $17,082,000, with an estimated Federal

cost of $12,043,000 and an estimated non-Federal cost of

$5,039,000.

(19) WOOD RIVER, GRAND ISLAND, NEBRASKA.—The project

for flood control, Wood River, Grand Island, Nebraska: Report

of the Chief of Engineers, dated May 3, 1994, at a total cost

of $11,800,000, with an estimated Federal cost of $6,040,000

and an estimated non-Federal cost of $5,760,000.

(20) LAS CRUCES, NEW MEXICO.—The project for flood control, Las Cruces, New Mexico: Report of the Chief of Engineers,

dated June 24, 1996, at a total cost of $8,278,000, with an

estimated Federal cost of $5,494,000 and an estimated nonFederal cost of $2,784,000.

(21) ATLANTIC COAST OF LONG ISLAND, NEW YORK.—The

project for storm damage reduction, Atlantic Coast of Long

Island from Jones Inlet to East Rockaway Inlet, Long Beach

Island, New York: Report of the Chief of Engineers, dated

April 5, 1996, at a total cost of $72,091,000, with an estimated

Federal cost of $46,859,000 and an estimated non-Federal cost

of $25,232,000.

(22) CAPE FEAR—NORTHEAST (CAPE FEAR) RIVERS, NORTH

CAROLINA.—The project for navigation, Cape Fear—Northeast

(Cape Fear) Rivers, North Carolina: Report of the Chief of

Engineers, dated September 9, 1996, at a total cost of

$221,735,000, with an estimated Federal cost of $132,936,000

and an estimated non-Federal cost of $88,799,000.

(23) WILMINGTON HARBOR, CAPE FEAR RIVER, NORTH CAROLINA.—The project for navigation, Wilmington Harbor, Cape

Fear and Northeast Cape Fear Rivers, North Carolina: Report

of the Chief of Engineers, dated June 24, 1994, at a total

cost of $23,953,000, with an estimated Federal cost of

$15,572,000 and an estimated non-Federal cost of $8,381,000.

(24) DUCK CREEK, CINCINNATI, OHIO.—The project for flood

control, Duck Creek, Cincinnati, Ohio: Report of the Chief

of Engineers, dated June 28, 1994, at a total cost of $15,947,000,

with an estimated Federal cost of $11,960,000 and an estimated

non-Federal cost of $3,987,000.

(25) WILLAMETTE RIVER TEMPERATURE CONTROL, MCKENZIE

SUBBASIN, OREGON.—The project for environmental restoration,

Willamette River Temperature Control, McKenzie Subbasin,

Oregon: Report of the Chief of Engineers, dated February 1,

1996, at a total Federal cost of $38,000,000.

(26) RIO GRANDE DE ARECIBO, PUERTO RICO.—The project

for flood control, Rio Grande de Arecibo, Puerto Rico: Report

of the Chief of Engineers, dated April 5, 1994, at a total
110 STAT. 3666 PUBLIC LAW 104–303—OCT. 12, 1996

cost of $19,951,000, with an estimated Federal cost of

$10,557,000 and an estimated non-Federal cost of $9,394,000.

(27) CHARLESTON HARBOR, SOUTH CAROLINA.—The project

for navigation, Charleston Harbor Deepening and Widening,

South Carolina: Report of the Chief of Engineers, dated July

18, 1996, at a total cost of $116,639,000, with an estimated

Federal cost of $71,940,000 and an estimated non-Federal cost

of $44,699,000.

(28) BIG SIOUX RIVER AND SKUNK CREEK, SIOUX FALLS,

SOUTH DAKOTA.—The project for flood control, Big Sioux River

and Skunk Creek, Sioux Falls, South Dakota: Report of the

Chief of Engineers, dated June 30, 1994, at a total cost of

$34,600,000, with an estimated Federal cost of $25,900,000

and an estimated non-Federal cost of $8,700,000.

(29) GULF INTRACOASTAL WATERWAY, ARANSAS NATIONAL

WILDLIFE REFUGE, TEXAS.—The project for navigation and

environmental preservation, Gulf Intracoastal Waterway, Aransas National Wildlife Refuge, Texas: Report of the Chief of

Engineers, dated May 28, 1996, at a total cost of $18,283,000,

with an estimated Federal cost of $18,283,000.

(30) HOUSTON-GALVESTON NAVIGATION CHANNELS, TEXAS.—

The project for navigation and environmental restoration, Houston-Galveston Navigation Channels, Texas: Report of the Chief

of Engineers, dated May 9, 1996, at a total cost of $298,334,000,

with an estimated Federal cost of $197,237,000 and an estimated non-Federal cost of $101,097,000, and an average annual

cost of $786,000 for future environmental restoration over the

50-year life of the project, with an estimated annual Federal

cost of $590,000 and an estimated annual non-Federal cost

of $196,000. The removal of pipelines and other obstructions

that are necessary for the project shall be accomplished at

non-Federal expense. Non-Federal interests shall receive credit

toward cash contributions required during construction and

subsequent to construction for design and construction management work that is performed by non-Federal interests and

that the Secretary determines is necessary to implement the

project.

(31) MARMET LOCK, KANAWHA RIVER, WEST VIRGINIA.—The

project for navigation, Marmet Lock, Kanawha River, West

Virginia: Report of the Chief of Engineers, dated June 24,

1994, at a total cost of $229,581,000. The costs of construction

of the project are to be paid 1⁄2 from amounts appropriated

from the general fund of the Treasury and 1⁄2 from amounts

appropriated from the Inland Waterways Trust Fund.

(b) PROJECTS SUBJECT TO 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 (or in the case of the project described

in paragraph (10), a Detailed Project Report) of the Corps of Engineers, if the report is completed not later than December 31, 1996:

(1) CHIGNIK, ALASKA.—The project for navigation, Chignik,

Alaska, at a total cost of $10,365,000, with an estimated Federal

cost of $4,282,000 and an estimated non-Federal cost of

$6,083,000.

(2) COOK INLET, ALASKA.—The project for navigation, Cook

Inlet, Alaska, at a total cost of $5,700,000, with an estimated
PUBLIC LAW 104–303—OCT. 12, 1996 110 STAT. 3667

Federal cost of $3,700,000 and an estimated non-Federal cost

of $2,000,000.

(3) ST. PAUL ISLAND HARBOR, ST. PAUL, ALASKA.—The project

for navigation, St. Paul Harbor, St. Paul, Alaska, at a total

cost of $18,981,000, with an estimated Federal cost of

$12,239,000 and an estimated non-Federal cost of $6,742,000.

(4) NORCO BLUFFS, RIVERSIDE COUNTY, CALIFORNIA.—The

project for bluff stabilization, Norco Bluffs, Riverside County,

California, at a total cost of $8,600,000, with an estimated

Federal cost of $6,450,000 and an estimated non-Federal cost

of $2,150,000.

(5) TERMINUS DAM, KAWEAH RIVER, CALIFORNIA.—The

project for flood control and water supply, Terminus Dam,

Kaweah River, California, at a total cost of $34,500,000, with

an estimated Federal cost of $20,200,000 and an estimated

non-Federal cost of $14,300,000.

(6) REHOBOTH BEACH AND DEWEY BEACH, DELAWARE.—The

project for storm damage reduction and shoreline protection,

Rehoboth Beach and Dewey Beach, Delaware, at a total cost

of $9,423,000, with an estimated Federal cost of $6,125,000

and an estimated non-Federal cost of $3,298,000, and an estimated average annual cost of $282,000 for periodic nourishment

over the 50-year life of the project, with an estimated annual

Federal cost of $183,000 and an estimated annual non-Federal

cost of $99,000.

(7) BREVARD COUNTY, FLORIDA.—The project for shoreline

protection, Brevard County, Florida, at a total cost of

$76,620,000, with an estimated Federal cost of $36,006,000

and an estimated non-Federal cost of $40,614,000, and an estimated average annual cost of $2,341,000 for periodic nourishment over the 50-year life of the project, with an estimated

annual Federal cost of $1,109,000 and an estimated annual

non-Federal cost of $1,232,000.

(8) LAKE WORTH INLET, FLORIDA.—The project for navigation and shoreline protection, Lake Worth Inlet, Palm Beach

Harbor, Florida, at a total cost of $3,915,000.

(9) MIAMI HARBOR CHANNEL, FLORIDA.—The project for

navigation, Miami Harbor Channel, Miami, Florida, at a total

cost of $3,221,000, with an estimated Federal cost of $1,800,000

and an estimated non-Federal cost of $1,421,000.

(10) NEW HARMONY, INDIANA.—The project for streambank

erosion protection, Wabash River at New Harmony, Indiana,

at a total cost of $2,800,000, with an estimated Federal cost

of $2,100,000 and an estimated non-Federal cost of $700,000.

(11) WESTWEGO TO HARVEY CANAL, LOUISIANA.—The project

for hurricane damage prevention and flood control, West Bank

Hurricane Protection (Lake Cataouatche Area), Jefferson Parish, Louisiana, at a total cost of $14,375,000, with an estimated

Federal cost of $9,344,000 and an estimated non-Federal cost

of $5,031,000.

(12) CHESAPEAKE AND DELAWARE CANAL, MARYLAND AND

DELAWARE.—The project for navigation and safety improvements, Chesapeake and Delaware Canal, Baltimore Harbor

Connecting Channels, Delaware and Maryland, at a total cost

of $82,800,000, with an estimated Federal cost of $53,852,000

and an estimated non-Federal cost of $28,948,000.
110 STAT. 3668 PUBLIC LAW 104–303—OCT. 12, 1996

(13) ABSECON ISLAND, NEW JERSEY.—The project for storm

damage reduction and shoreline protection, Brigantine Inlet

to Great Egg Harbor Inlet, Absecon Island, New Jersey, at

a total cost of $52,000,000, with an estimated Federal cost

of $34,000,000 and an estimated non-Federal cost of

$18,000,000.

SEC. 102. SMALL FLOOD CONTROL PROJECTS.

The Secretary shall conduct a study for each of the following

projects and, if the Secretary determines that the project is feasible,

may carry out the project under section 205 of the Flood Control

Act of 1948 (33 U.S.C. 701s):

(1) SOUTH UPLAND, SAN BERNADINO COUNTY, CALIFORNIA.—

Project for flood control, South Upland, San Bernadino County,

California.

(2) BIRDS, LAWRENCE COUNTY, ILLINOIS.—Project for flood

control, Birds, Lawrence County, Illinois.

(3) BRIDGEPORT, LAWRENCE COUNTY, ILLINOIS.—Project for

flood control, Bridgeport, Lawrence County, Illinois.

(4) EMBARRAS RIVER, VILLA GROVE, ILLINOIS.—Project for

flood control, Embarras River, Villa Grove, Illinois.

(5) FRANKFORT, WILL COUNTY, ILLINOIS.—Project for flood

control, Frankfort, Will County, Illinois.

(6) SUMNER, LAWRENCE COUNTY, ILLINOIS.—Project for flood

control, Sumner, Lawrence County, Illinois.

(7) VERMILLION RIVER, DEMONADE PARK, LAFAYETTE, LOUISIANA.—Project for nonstructural flood control, Vermillion River,

Demonade Park, Lafayette, Louisiana. In carrying out the study

and the project (if any) under this paragraph, the Secretary

shall use relevant information from the Lafayette Parish feasibility study and expedite completion of the study under this

paragraph.

(8) VERMILLION RIVER, QUAIL HOLLOW SUBDIVISION, LAFAYETTE, LOUISIANA.—Project for nonstructural flood control, Vermillion River, Quail Hollow Subdivision, Lafayette, Louisiana.

In carrying out the study and the project (if any) under this

paragraph, the Secretary shall use relevant information from

the Lafayette Parish feasibility study and expedite completion

of the study under this paragraph.

(9) KAWKAWLIN RIVER, BAY COUNTY, MICHIGAN.—Project for

flood control, Kawkawlin River, Bay County, Michigan.

(10) WHITNEY DRAIN, ARENAC COUNTY, MICHIGAN.—Project

for flood control, Whitney Drain, Arenac County, Michigan.

(11) FESTUS AND CRYSTAL CITY, MISSOURI.—Project for flood

control, Festus and Crystal City, Missouri. In carrying out

the study and the project (if any) under this paragraph, the

Secretary shall use relevant information from the existing

reconnaissance study and shall expedite completion of the study

under this paragraph.

(12) KIMMSWICK, MISSOURI.—Project for flood control,

Kimmswick, Missouri. In carrying out the study and the project

(if any) under this paragraph, the Secretary shall use relevant

information from the existing reconnaissance study and shall

expedite completion of the study under this paragraph.

(13) RIVER DES PERES, ST. LOUIS COUNTY, MISSOURI.—

Project for flood control, River Des Peres, St. Louis County,

Missouri. In carrying out the study and the project (if any),
PUBLIC LAW 104–303—OCT. 12, 1996 110 STAT. 3669

the Secretary shall determine the feasibility of potential flood

control measures, consider potential storm water runoff and

related improvements, and cooperate with the Metropolitan

St. Louis Sewer District.

(14) MALTA, MONTANA.—Project for flood control, Malta,

Montana.

(15) BUFFALO CREEK, ERIE COUNTY, NEW YORK.—Project

for flood control, Buffalo Creek, Erie County, New York.

(16) CAZENOVIA CREEK, ERIE COUNTY, NEW YORK.—Project

for flood control, Cazenovia Creek, Erie County, New York.

(17) CHEEKTOWAGA, ERIE COUNTY, NEW YORK.—Project for

flood control, Cheektowaga, Erie County, New York.

(18) FULMER CREEK, VILLAGE OF MOHAWK, NEW YORK.— Project for flood control, Fulmer Creek, village of Mohawk,

New York.

(19) MOYER CREEK, VILLAGE OF FRANKFORT, NEW YORK.— Project for flood control, Moyer Creek, village of Frankfort,

New York.

(20) SAUQUOIT CREEK, WHITESBORO, NEW YORK.—Project

for flood control, Sauquoit Creek, Whitesboro, New York.

(21) STEELE CREEK, VILLAGE OF ILION, NEW YORK.—Project

for flood control, Steele Creek, village of Ilion, New York.

(22) WILLAMETTE RIVER, OREGON.—Project for nonstructural flood control, Willamette River, Oregon, including

floodplain and ecosystem restoration.

SEC. 103. SMALL BANK STABILIZATION PROJECTS.

The Secretary shall conduct a study for each of the following

projects and, if the Secretary determines that the project is feasible,

may carry out the project under section 14 of the Flood Control

Act of 1946 (33 U.S.C. 701r):

(1) ST. JOSEPH RIVER, INDIANA.—Project for bank stabilization, St. Joseph River, South Bend, Indiana, including recreation and pedestrian access features.

(2) ALLEGHENY RIVER AT OIL CITY, PENNSYLVANIA.—Project

for bank stabilization to address erosion problems affecting

the pipeline crossing the Allegheny River at Oil City, Pennsylvania, including measures to address erosion affecting the

pipeline in the bed of the Allegheny River and its adjacent

banks.

(3) CUMBERLAND RIVER, NASHVILLE, TENNESSEE.—Project

for bank stabilization, Cumberland River, Nashville, Tennessee.

SEC. 104. SMALL NAVIGATION PROJECTS.

The Secretary shall conduct a study for each of the following

projects and, if the Secretary determines that the project is feasible,

may carry out the project under section 107 of the River and

Harbor Act of 1960 (33 U.S.C. 577):

(1) AKUTAN, ALASKA.—Project for navigation, Akutan,

Alaska, consisting of a bulkhead and a wave barrier, including

application of innovative technology involving use of a permeable breakwater.

(2) ILLINOIS AND MICHIGAN CANAL, ILLINOIS.—Project for

navigation, Illinois and Michigan Canal, Illinois, including

marina development at Lock 14.

(3) GRAND MARAIS HARBOR BREAKWATER, MICHIGAN.—

Project for navigation, Grand Marais Harbor breakwater, Michigan.
110 STAT. 3670 PUBLIC LAW 104–303—OCT. 12, 1996

(4) DULUTH, MINNESOTA.—Project for navigation, Duluth,

Minnesota.

(5) TACONITE, MINNESOTA.—Project for navigation, Taconite, Minnesota.

(6) TWO HARBORS, MINNESOTA.—Project for navigation, Two

Harbors, Minnesota.

(7) CARUTHERSVILLE HARBOR, PEMISCOT COUNTY, MISSOURI.—Project for navigation, Caruthersville Harbor, Pemiscot

County, Missouri, including enlargement of the existing harbor

and bank stabilization measures.

(8) NEW MADRID COUNTY HARBOR, MISSOURI.—Project for

navigation, New Madrid County Harbor, Missouri, including

enlargement of the existing harbor and bank stabilization measures.

(9) BROOKLYN, NEW YORK.—Project for navigation, Brooklyn, New York, including restoration of the pier and related

navigation support structures, at the Sixty-Ninth Street Pier.

(10) BUFFALO INNER HARBOR, BUFFALO, NEW YORK.—Project

for navigation, Buffalo Inner Harbor, Buffalo, New York, including enlargement of the existing harbor and bank stabilization

measures.

(11) GLENN COVE CREEK, NEW YORK.—Project for navigation, Glenn Cove Creek, New York, including bulkheading.

(12) UNION SHIP CANAL, BUFFALO AND LACKAWANNA, NEW

YORK.—Project for navigation, Union Ship Canal, Buffalo and

Lackawanna, New York.

SEC. 105. SMALL SHORELINE PROTECTION PROJECTS.

The Secretary shall conduct a study for each of the following

projects, and if the Secretary determines that the project is feasible,

may carry out the project under section 3 of the Act entitled

‘‘An Act authorizing Federal participation in the cost of protecting

the shores of publicly owned property’’, approved August 13, 1946

(33 U.S.C. 426g; 60 Stat. 1056):

(1) FORT PIERCE, FLORIDA.—Project for 1 mile of additional

shoreline protection, Fort Pierce, Florida.

(2) SYLVAN BEACH BREAKWATER, VERONA, ONEIDA COUNTY,

NEW YORK.—Project for shoreline protection, Sylvan Beach

breakwater, Verona, Oneida County, New York.

SEC. 106. SMALL SNAGGING AND SEDIMENT REMOVAL PROJECT, MISSISSIPPI RIVER, LITTLE FALLS, MINNESOTA.

The Secretary shall conduct a study for a project for clearing,

snagging, and sediment removal, East Bank of the Mississippi

River, Little Falls, Minnesota, including removal of sediment from

culverts. The study shall include a determination of the adequacy

of culverts to maintain flows through the channel. If the Secretary

determines that the project is feasible, the Secretary may carry

out the project under section 3 of the Act entitled ‘‘An Act authorizing the construction, repair, and preservation of certain public

works on rivers and harbors, and for other purposes’’, approved

March 2, 1945 (33 U.S.C. 603a; 59 Stat. 23).

SEC. 107. SMALL PROJECTS FOR IMPROVEMENT OF THE ENVIRONMENT.

The Secretary shall conduct a study for each of the following

projects and, if the Secretary determines that the project is appropriate,
PUBLIC LAW 104–303—OCT. 12, 1996 110 STAT. 3671

may carry out the project under section 1135(a) of the Water

Resources Development Act of 1986 (33 U.S.C. 2309a(a)):

(1) PINE FLAT DAM, CALIFORNIA.—Project for fish and wildlife habitat restoration, Pine Flat Dam, Kings River, California,

including construction of a turbine bypass.

(2) UPPER TRUCKEE RIVER, EL DORADO COUNTY, CALIFORNIA.—Project for environmental restoration, Upper Truckee

River, El Dorado County, California, including measures for

restoration of degraded wetlands and wildlife enhancement.

(3) WHITTIER NARROWS DAM, CALIFORNIA.—Project for

environmental restoration and remediation of contaminated

water sources, Whittier Narrows Dam, California.

(4) LOWER AMAZON CREEK, OREGON.—Project for environmental restoration, Lower Amazon Creek, Oregon, consisting

of environmental restoration measures relating to the flood

reduction measures constructed by the Corps of Engineers and

the related flood reduction measures constructed by the Natural

Resources Conservation Service.

(5) ASHLEY CREEK, UTAH.—Project for fish and wildlife restoration, Ashley Creek near Vernal, Utah.

(6) UPPER JORDAN RIVER, SALT LAKE COUNTY, UTAH.—

Project for channel restoration and environmental improvement, Upper Jordan River, Salt Lake County, Utah.

TITLE II—GENERAL PROVISIONS

SEC. 201. COST SHARING FOR DREDGED MATERIAL DISPOSAL AREAS.

(a) CONSTRUCTION.—Section 101(a) of the Water Resources

Development Act of 1986 (33 U.S.C. 2211(a); 100 Stat. 4082–4083)

is amended—

(1) in paragraph (2) by striking the last sentence and

inserting the following: ‘‘The value of lands, easements, rightsof-way, and relocations provided under paragraph (3) and the

costs of relocations borne by the non-Federal interests under

paragraph (4) shall be credited toward the payment required

under this paragraph.’’;

(2) in paragraph (3)—

(A) by inserting ‘‘and’’ after ‘‘rights-of-way,’’;

(B) by striking ‘‘, and dredged material disposal areas’’;

and

(C) by inserting ‘‘, including any lands, easements,

rights-of-way, and relocations (other than utility relocations

accomplished under paragraph (4)) that are necessary for

dredged material disposal facilities’’ before the period at

the end of such paragraph; and

(3) by adding at the end the following:

‘‘(5) DREDGED MATERIAL DISPOSAL FACILITIES FOR PROJECT

CONSTRUCTION.—In this subsection, the term ‘general navigation features’ includes constructed land-based and aquatic

dredged material disposal facilities that are necessary for the

disposal of dredged material required for project construction

and for which a contract for construction has not been awarded

on or before the date of the enactment of this paragraph.’’.

(b) OPERATION AND MAINTENANCE.—Section 101(b) of such Act

(33 U.S.C. 2211(b); 100 Stat. 4083) is amended—

(1) by inserting ‘‘(1) IN GENERAL.—’’ before ‘‘The Federal’’;
110 STAT. 3672 PUBLIC LAW 104–303—OCT. 12, 1996

(2) by indenting and moving paragraph (1) (as designated

by paragraph (1) of this subsection) 2 ems to the right;

(3) by striking ‘‘pursuant to this Act’’ and inserting ‘‘by

the Secretary pursuant to this Act or any other law approved

after the date of the enactment of this Act’’; and

(4) by adding at the end the following:

‘‘(2) DREDGED MATERIAL DISPOSAL FACILITIES.—The Federal

share of the cost of constructing land-based and aquatic dredged

material disposal facilities that are necessary for the disposal

of dredged material required for the operation and maintenance

of a project and for which a contract for construction has

not been awarded on or before the date of the enactment

of this paragraph shall be determined in accordance with subsection (a). The Federal share of operating and maintaining

such facilities shall be determined in accordance with paragraph (1).’’.

(c) AGREEMENT.—Section 101(e)(1) of such Act (33 U.S.C.

2211(e)(1); 100 Stat. 4083) is amended by striking ‘‘and to provide

dredged material disposal areas and perform’’ and inserting ‘‘including those necessary for dredged material disposal facilities, and

perform’’.

(d) CONSIDERATION OF FUNDING REQUIREMENTS AND EQUITABLE

APPORTIONMENT.—Section 101 of such Act (33 U.S.C. 2211; 100

Stat. 4082–4084) is amended by adding at the end the following:

‘‘(f) CONSIDERATION OF FUNDING REQUIREMENTS AND EQUITABLE

APPORTIONMENT.—The Secretary shall ensure, to the extent practicable, that—

‘‘(1) funding requirements for operation and maintenance

dredging of commercial navigation harbors are considered

before Federal funds are obligated for payment of the Federal

share of costs associated with the construction of dredged material disposal facilities in accordance with subsections (a) and

(b);

‘‘(2) funds expended for such construction are apportioned

equitably in accordance with regional needs; and

‘‘(3) use of a dredged material disposal facility designed,

constructed, managed, or operated by a private entity is not

precluded if, consistent with economic and environmental

considerations, the facility is the least-cost alternative.’’.

(e) ELIGIBLE OPERATIONS AND MAINTENANCE DEFINED.—Section

214(2) of such Act (33 U.S.C. 2241; 100 Stat. 4108) is amended—

(1) in subparagraph (A)—

(A) by inserting ‘‘Federal’’ after ‘‘means all’’;

(B) by inserting ‘‘(i)’’ after ‘‘including’’; and

(C) by inserting before the period at the end the following: ‘‘; (ii) the construction of dredged material disposal

facilities that are necessary for the operation and maintenance of any harbor or inland harbor; (iii) dredging and

disposing of contaminated sediments that are in or that

affect the maintenance of Federal navigation channels; (iv)

mitigating for impacts resulting from Federal navigation

operation and maintenance activities; and (v) operating

and maintaining dredged material disposal facilities’’; and

(2) in subparagraph (C) by striking ‘‘rights-of-way, or

dredged material disposal areas,’’ and inserting ‘‘or rights-ofway,’’.
PUBLIC LAW 104–303—OCT. 12, 1996 110 STAT. 3673

(f) AMENDMENT OF COOPERATION AGREEMENT.—If requested

by the non-Federal interest, the Secretary shall amend a project

cooperation agreement executed on or before the date of the enactment of this Act to reflect the application of the amendments

made by this section to any project for which a contract for construction has not been awarded on or before that date.

(g) SAVINGS CLAUSE.—Nothing in this section (including the

amendments made by this section) shall increase, or result in

the increase of, the non-Federal share of the costs of—

(1) expanding any confined dredged material disposal facility that is operated by the Secretary and that is authorized

for cost recovery through the collection of tolls;

(2) any confined dredged material disposal facility for which

the invitation for bids for construction was issued before the

date of the enactment of this Act; and

(3) expanding any confined dredged material disposal facility constructed under section 123 of the River and Harbor

Act of 1970 (33 U.S.C. 1293a) if the capacity of the confined

dredged material disposal facility was exceeded in less than

6 years.

SEC. 202. FLOOD CONTROL POLICY.

(a) FLOOD CONTROL COST SHARING.—

(1) INCREASED NON-FEDERAL CONTRIBUTIONS.—

(A) IN GENERAL.—Subsections (a) and (b) of section

103 of the Water Resources Development Act of 1986 (33

U.S.C. 2213 (a) and (b)) are each amended by striking

‘‘25 percent’’ each place it appears and inserting ‘‘35 percent’’.

(B) APPLICABILITY.—The amendments made by

subparagraph (A) shall apply to any project authorized

after the date of the enactment of this Act and to any

flood control project that is not specifically authorized by

Congress for which a Detailed Project Report is approved

after such date of enactment or, in the case of a project

for which no Detailed Project Report is prepared, construction is initiated after such date of enactment.

(2) PHYSICAL CONSTRUCTION DEFINED.—Section 103(e)(1) of

such Act (33 U.S.C. 2213(e)(1)) is amended by adding at the

end the following: ‘‘For the purpose of the preceding sentence,

physical construction shall be considered to be initiated on

the date of the award of a construction contract.’’.

(b) ABILITY TO PAY.—

(1) IN GENERAL.—Section 103(m) of such Act (33 U.S.C.

2213(m)) is amended to read as follows:

‘‘(m) ABILITY TO PAY.—

‘‘(1) IN GENERAL.—Any cost-sharing agreement under this

section for flood control or agricultural water supply shall be

subject to the ability of a non-Federal interest to pay.

‘‘(2) CRITERIA AND PROCEDURES.—The ability of a non-Federal interest to pay shall be determined by the Secretary in

accordance with criteria and procedures in effect on the day

before the date of the enactment of the Water Resources Development Act of 1996; except that such criteria and procedures

shall be revised within 1 year after such date of enactment

to reflect the requirements of paragraph (3).

33 USC 2213

note.

33 USC 2211

note.

33 USC 2211

note.
110 STAT. 3674 PUBLIC LAW 104–303—OCT. 12, 1996

‘‘(3) REVISION OF CRITERIA AND PROCEDURES.—In revising

criteria and procedures pursuant to paragraph (2), the Secretary—

‘‘(A) shall consider—

‘‘(i) per capita income data for the county or counties in which the project is to be located; and

‘‘(ii) the per capita non-Federal cost of construction

of the project for the county or counties in which the

project is to be located;

‘‘(B) shall not consider criteria (other than criteria

described in subparagraph (A)) in effect on the day before

the date of the enactment of the Water Resources Development Act of 1996; and

‘‘(C) may consider additional criteria relating to the

non-Federal interest’s financial ability to carry out its costsharing responsibilities, to the extent that the application

of such criteria does not eliminate areas from eligibility

for a reduction in the non-Federal share as determined

under subparagraph (A).

‘‘(4) NON-FEDERAL SHARE.—Notwithstanding subsection (a),

the Secretary may reduce the requirement that a non-Federal

interest make a cash contribution for any project that is determined to be eligible for a reduction in the non-Federal share

under criteria and procedures in effect under paragraphs (1),

(2), and (3).’’.

(2) APPLICABILITY.—

(A) GENERALLY.—Subject to subparagraph (C), the

amendment made by paragraph (1) shall apply to any

project, or separable element thereof, with respect to which

the Secretary and the non-Federal interest enter into a

project cooperation agreement after December 31, 1997.

(B) AMENDMENT OF COOPERATION AGREEMENT.—If

requested by the non-Federal interest, the Secretary shall

amend a project cooperation agreement executed on or

before the date of the enactment of this Act to reflect

the application of the amendment made by paragraph (1)

to any project for which a contract for construction has

not been awarded on or before such date of enactment.

(C) NON-FEDERAL OPTION.—If requested by the nonFederal interest, the Secretary shall apply the criteria and

procedures established pursuant to section 103(m) of the

Water Resources Development Act of 1986 as in effect

on the day before the date of the enactment of this Act

for projects that are authorized before the date of the

enactment of this Act.

(c) FLOODPLAIN MANAGEMENT PLANS.—

(1) IN GENERAL.—Section 402 of such Act (33 U.S.C. 701b–

12; 100 Stat. 4133) is amended to read as follows:

‘‘SEC. 402. FLOODPLAIN MANAGEMENT REQUIREMENTS.

‘‘(a) COMPLIANCE WITH FLOODPLAIN MANAGEMENT AND INSURANCE PROGRAMS.—Before construction of any project for local flood

protection, or any project for hurricane or storm damage reduction,

that involves Federal assistance from the Secretary, the non-Federal

interest shall agree to participate in and comply with applicable

Federal floodplain management and flood insurance programs.

33 USC 2213

note.
PUBLIC LAW 104–303—OCT. 12, 1996 110 STAT. 3675

‘‘(b) FLOOD PLAIN MANAGEMENT PLANS.—Within 1 year after

the date of signing a project cooperation agreement for construction

of a project to which subsection (a) applies, the non-Federal interest

shall prepare a flood plain management plan designed to reduce

the impacts of future flood events in the project area. Such plan

shall be implemented by the non-Federal interest not later than

1 year after completion of construction of the project.

‘‘(c) GUIDELINES.—

‘‘(1) IN GENERAL.—Within 6 months after the date of the

enactment of this subsection, the Secretary shall develop guidelines for preparation of floodplain management plans by nonFederal interests under subsection (b). Such guidelines shall

address potential measures, practices, and policies to reduce

loss of life, injuries, damages to property and facilities, public

expenditures, and other adverse impacts associated with flooding and to preserve and enhance natural floodplain values.

‘‘(2) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing

in this subsection shall be construed to confer any regulatory

authority upon the Secretary or the Director of the Federal

Emergency Management Agency.

‘‘(d) TECHNICAL SUPPORT.—The Secretary may provide technical

support to a non-Federal interest for a project to which subsection

(a) applies for the development and implementation of plans prepared under subsection (b).’’.

(2) APPLICABILITY.—The amendment made by paragraph

(1) shall apply to any project or separable element thereof

with respect to which the Secretary and the non-Federal

interest have not entered into a project cooperation agreement

on or before the date of the enactment of this Act.

(d) NONSTRUCTURAL FLOOD CONTROL POLICY.—

(1) REVIEW.—The Secretary shall conduct a review of policies, procedures, and techniques relating to the evaluation and

development of flood control measures with a view toward

identifying impediments that may exist to justifying nonstructural flood control measures as alternatives to structural

measures.

(2) REPORT.—Not later than 1 year after the date of the

enactment of this Act, the Secretary shall transmit to Congress

a report on the findings of the review conducted under this

subsection, together with any recommendations for modifying

existing law to remove any impediments identified under such

review.

(e) EMERGENCY RESPONSE.—Section 5(a)(1) of the Act entitled

‘‘An Act authorizing the construction of certain public works on

rivers and harbors for flood control, and for other purposes’’,

approved August 18, 1941 (33 U.S.C. 701n(a)(1)), is amended by

inserting before the first semicolon the following: ‘‘, or in

implementation of nonstructural alternatives to the repair or restoration of such flood control work if requested by the non-Federal

sponsor’’.

(f) LEVEE OWNERS MANUAL.—Section 5 of such Act of August

18, 1941 (33 U.S.C. 701n), is amended by adding at the end the

following:

‘‘(c) LEVEE OWNERS MANUAL.—

‘‘(1) IN GENERAL.—Not later than 1 year after the date

of the enactment of this subsection, in accordance with chapter

5 of title 5, United States Code, the Secretary of the Army

33 USC 701b–11

note.

33 USC 701b–12

note.
110 STAT. 3676 PUBLIC LAW 104–303—OCT. 12, 1996

shall prepare a manual describing the maintenance and upkeep

responsibilities that the Corps of Engineers requires of a nonFederal interest in order for the non-Federal interest to receive

Federal assistance under this section. The Secretary shall provide a copy of the manual at no cost to each non-Federal

interest that is eligible to receive Federal assistance under

this section.

‘‘(2) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated $1,000,000 to carry out this subsection.

‘‘(3) DEFINITIONS.—In this subsection, the following definitions apply:

‘‘(A) MAINTENANCE AND UPKEEP.—The term ‘maintenance and upkeep’ means all maintenance and general

upkeep of a levee performed on a regular and consistent

basis that is not repair and rehabilitation.

‘‘(B) REPAIR AND REHABILITATION.—The term ‘repair

and rehabilitation’—

‘‘(i) means the repair or rebuilding of a levee or

other flood control structure, after the structure has

been damaged by a flood, to the level of protection

provided by the structure before the flood; but

‘‘(ii) does not include—

‘‘(I) any improvement to the structure; or

‘‘(II) repair or rebuilding described in clause

(i) if, in the normal course of usage, the structure

becomes structurally unsound and is no longer

fit to provide the level of protection for which

the structure was designed.’’.

(g) VEGETATION MANAGEMENT GUIDELINES.—

(1) REVIEW.—The Secretary shall undertake a comprehensive review of the current policy guidelines on vegetation

management for levees. The review shall examine current policies in view of the varied interests in providing flood control,

preserving, protecting, and enhancing natural resources,

protecting the rights of Native Americans pursuant to treaty

and statute, and such other factors as the Secretary considers

appropriate.

(2) COOPERATION AND CONSULTATION.—The review under

this section shall be undertaken in cooperation with interested

Federal agencies and in consultation with interested representatives of State and local governments and the public.

(3) REVISION OF GUIDELINES.—Based upon the results of

the review, the Secretary shall revise, not later than 270 days

after the date of the enactment of this Act, the policy guidelines

so as to provide a coherent and coordinated policy for vegetation

management for levees. Such revised guidelines shall address

regional variations in levee management and resource needs

and shall be incorporated in the manual proposed under section

5(c) of such Act of August 18, 1941 (33 U.S.C. 701n).

(h) RISK-BASED ANALYSIS METHODOLOGY.—

(1) IN GENERAL.—The Secretary shall enter into an agreement with the National Academy of Sciences to conduct a

study of the Corps of Engineers’ use of risk-based analysis

for the evaluation of hydrology, hydraulics, and economics in

flood damage reduction studies. The study shall include—

Contracts.

33 USC 701b

note.

33 USC 701n

note.
PUBLIC LAW 104–303—OCT. 12, 1996 110 STAT. 3677

(A) an evaluation of the impact of risk-based analysis

on project formulation, project economic justification, and

minimum engineering and safety standards; and

(B) a review of studies conducted using risk-based

analysis to determine—

(i) the scientific validity of applying risk-based

analysis in these studies; and

(ii) the impact of using risk-based analysis as it

relates to current policy and procedures of the Corps

of Engineers.

(2) REPORT.—Not later than 18 months after the date of

the enactment of this Act, the Secretary shall submit to Congress a report on the results of the study under paragraph

(1), as well as such recommendations as the Secretary considers

appropriate.

(3) LIMITATION ON USE OF METHODOLOGY.—During the

period beginning on the date of the enactment of this Act

and ending 18 months after that date, if requested by a nonFederal interest, the Secretary shall refrain from using any

risk-based technique required under the studies described in

paragraph (1) for the evaluation and design of a project.

(4) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated $250,000 to carry out this subsection.

SEC. 203. COST SHARING FOR FEASIBILITY STUDIES.

(a) NON-FEDERAL SHARE.—Section 105(a) of the Water

Resources Development Act of 1986 (33 U.S.C. 2215(a)) is amended—

(1) by striking paragraph (1) and inserting the following:

‘‘(1) COST SHARING.— ‘‘(A) IN GENERAL.—The Secretary shall not initiate any

feasibility study for a water resources project after November 17, 1986, until appropriate non-Federal interests agree,

by contract, to contribute 50 percent of the cost of the

study.

‘‘(B) PAYMENT OF COST SHARE DURING PERIOD OF

STUDY.—During the period of the study, the non-Federal

share of the cost of the study payable under subparagraph

(A) shall be 50 percent of the sum of—

‘‘(i) the cost estimate for the study as contained

in the feasibility cost-sharing agreement; and

‘‘(ii) any excess of the cost of the study over the

cost estimate if the excess results from—

‘‘(I) a change in Federal law; or

‘‘(II) a change in the scope of the study

requested by the non-Federal interests.

‘‘(C) PAYMENT OF COST SHARE ON AUTHORIZATION OF

PROJECT OR TERMINATION OF STUDY.— ‘‘(i) PROJECT TIMELY AUTHORIZED.—Except as

otherwise agreed to by the Secretary and the nonFederal interests and subject to clause (ii), the nonFederal share of any excess of the cost of the study

over the cost estimate (excluding any excess cost

described in subparagraph (B)(ii)) shall be payable on

the date on which the Secretary and the non-Federal

interests enter into an agreement pursuant to section

101(e) or 103(j) with respect to the project.
110 STAT. 3678 PUBLIC LAW 104–303—OCT. 12, 1996

‘‘(ii) PROJECT NOT TIMELY AUTHORIZED.—If the

project that is the subject of the study is not authorized

by the date that is 5 years after the completion of

the final report of the Chief of Engineers concerning

the study or the date that is 2 years after the termination of the study, the non-Federal share of any excess

of the cost of the study over the cost estimate (excluding any excess cost described in subparagraph (B)(ii))

shall be payable to the United States on that date.

‘‘(D) AMENDMENT OF COST ESTIMATE.—The cost estimate referred to in subparagraph (B)(i) may be amended

only by agreement of the Secretary and the non-Federal

interests.

‘‘(E) IN-KIND CONTRIBUTIONS.—Not more than 1⁄2 of

the non-Federal share required under this paragraph may

be satisfied by the provision of services, materials, supplies,

or other in-kind services necessary to prepare the feasibility

report.’’; and

(2) in paragraph (2) by striking ‘‘(2) This subsection’’ and

inserting the following:

‘‘(2) APPLICABILITY.—This subsection’’.

(b) APPLICABILITY.—The amendments made by subsection (a)

shall apply notwithstanding any feasibility cost-sharing agreement

entered into by the Secretary and the non-Federal interests. On

request of the non-Federal interest, the Secretary shall amend

any feasibility cost-sharing agreements in effect on the date of

the enactment of this Act so as to conform the agreements with

the amendments.

(c) NO REQUIREMENT OF REIMBURSEMENT.—Nothing in this section or any amendment made by this section requires the Secretary

to reimburse the non-Federal interests for funds previously contributed for a study.

SEC. 204. RESTORATION OF ENVIRONMENTAL QUALITY.

(a) REVIEW OF PROJECTS.—Section 1135(a) of the Water

Resources Development Act of 1986 (33 U.S.C. 2309a(a)) is amended—

(1) by striking ‘‘the operation of’’; and

(2) by inserting before the period at the end the following:

‘‘and to determine if the operation of such projects has contributed to the degradation of the quality of the environment’’.

(b) PROGRAM OF PROJECTS.—Section 1135(b) of such Act is

amended by striking the last 2 sentences.

(c) RESTORATION OF ENVIRONMENTAL QUALITY.—Section 1135

of such Act is amended—

(1) by redesignating subsections (c), (d), and (e) as subsections (e), (f), and (g), respectively;

(2) by inserting after subsection (b) the following:

‘‘(c) RESTORATION OF ENVIRONMENTAL QUALITY.—If the Secretary determines that construction of a water resources project

by the Secretary or operation of a water resources project constructed by the Secretary has contributed to the degradation of

the quality of the environment, the Secretary may undertake measures for restoration of environmental quality and measures for

enhancement of environmental quality that are associated with

the restoration, through modifications either at the project site

or at other locations that have been affected by the construction

33 USC 2215

note.

33 USC 2215

note.
PUBLIC LAW 104–303—OCT. 12, 1996 110 STAT. 3679

or operation of the project, if such measures do not conflict with

the authorized project purposes.

‘‘(d) NON-FEDERAL SHARE; LIMITATION ON MAXIMUM FEDERAL

EXPENDITURE.—The non-Federal share of the cost of any modifications or measures carried out or undertaken pursuant to subsection

(b) or (c) shall be 25 percent. Not more than 80 percent of the

non-Federal share may be in kind, including a facility, supply,

or service that is necessary to carry out the modification or measure.

Not more than $5,000,000 in Federal funds may be expended on

any single modification or measure carried out or undertaken pursuant to this section.’’; and

(3) in subsection (f) (as so redesignated) by striking ‘‘program conducted under subsection (b)’’ and inserting ‘‘programs

conducted under subsections (b) and (c)’’.

(d) DEFINITION.—Section 1135 of such Act (as amended by

subsection (c)(1) of this section) is amended by adding at the end

the following:

‘‘(h) DEFINITION.—In this section, the term ‘water resources

project constructed by the Secretary’ includes a water resources

project constructed or funded jointly by the Secretary and the

head of any other Federal agency (including the Natural Resources

Conservation Service).’’.

SEC. 205. ENVIRONMENTAL DREDGING.

Section 312 of the Water Resources Development Act of 1990

(33 U.S.C. 1252 note; 104 Stat. 4639–4640) is amended—

(1) in each of subsections (a), (b), and (c) by inserting

‘‘and remediate’’ after ‘‘remove’’ each place it appears;

(2) in subsection (b)—

(A) in paragraph (1) by inserting ‘‘and remediation’’

after ‘‘removal’’ each place it appears; and (B) in paragraph (2) by striking ‘‘$10,000,000’’ and inserting ‘‘$20,000,000’’; and

(3) by striking subsection (f) and inserting the following:

‘‘(f) PRIORITY WORK.—In carrying out this section, the Secretary

shall give priority to work in the following areas:

‘‘(1) Brooklyn Waterfront, New York.

‘‘(2) Buffalo Harbor and River, New York.

‘‘(3) Ashtabula River, Ohio.

‘‘(4) Mahoning River, Ohio.

‘‘(5) Lower Fox River, Wisconsin.’’.

SEC. 206. AQUATIC ECOSYSTEM RESTORATION.

(a) GENERAL AUTHORITY.—The Secretary may carry out an

aquatic ecosystem restoration and protection project if the Secretary

determines that the project—

(1) will improve the quality of the environment and is

in the public interest; and

(2) is cost-effective.

(b) COST SHARING.—Non-Federal interests shall provide 35 percent of the cost of construction of any project carried out under

this section, including provision of all lands, easements, rightsof-way, and necessary relocations.

(c) AGREEMENTS.—Construction of a project under this section

shall be initiated only after a non-Federal interest has entered

into a binding agreement with the Secretary to pay the non-Federal

share of the costs of construction required by this section and

to pay 100 percent of any operation, maintenance, and replacement

22 USC 2330.
110 STAT. 3680 PUBLIC LAW 104–303—OCT. 12, 1996

and rehabilitation costs with respect to the project in accordance

with regulations prescribed by the Secretary.

(d) COST LIMITATION.—Not more than $5,000,000 in Federal

funds may be allotted under this section for a project at any single

locality.

(e) FUNDING.—There is authorized to be appropriated to carry out this section $25,000,000 for each fiscal year.

SEC. 207. BENEFICIAL USES OF DREDGED MATERIAL.

Section 204 of the Water Resources Development Act of 1992

(33 U.S.C. 2326; 106 Stat. 4826) is amended—

(1) by redesignating subsection (e) as subsection (f); and

(2) by inserting after subsection (d) the following:

‘‘(e) SELECTION OF DREDGED MATERIAL DISPOSAL METHOD.— In developing and carrying out a project for navigation involving

the disposal of dredged material, the Secretary may select, with

the consent of the non-Federal interest, a disposal method that

is not the least-cost option if the Secretary determines that the

incremental costs of such disposal method are reasonable in relation

to the environmental benefits, including the benefits to the aquatic

environment to be derived from the creation of wetlands and control

of shoreline erosion. The Federal share of such incremental costs

shall be determined in accordance with subsection (c).’’.

SEC. 208. RECREATION POLICY AND USER FEES.

(a) RECREATION POLICY.— (1) IN GENERAL.—The Secretary shall provide increased

emphasis on, and opportunities for recreation at, water

resources projects operated, maintained, or constructed by the

Corps of Engineers.

(2) REPORT.—Not later than 2 years after the date of the

enactment of this Act, the Secretary shall transmit to Congress

a report on specific measures taken to implement this subsection.

(b) USER FEES.— (1) IN GENERAL.—Section 210(b)(4) of the Flood Control

Act of 1968 (16 U.S.C. 460d–3(b)(4)) is amended by inserting

before the period at the end the following: ‘‘and, subject to

the availability of appropriations, shall be used for the purposes

specified in section 4(i)(3) of such Act at the water resources

development project at which the fees were collected’’.

(2) REPORT.—Not later than 90 days after the date of

the enactment of this Act, the Secretary shall prepare and

submit to the Committee on Environment and Public Works

of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report, with respect

to fiscal years 1995 and 1996, on—

(A) the amount of day-use fees collected under section

210(b) of the Flood Control Act of 1968 (16 U.S.C. 460d–

3(b)) at each water resources development project; and

(B) the administrative costs associated with the collection of the day-use fees at each water resources development project.

(c) ALTERNATIVE TO ANNUAL PASSES.— (1) IN GENERAL.—The Secretary shall evaluate the feasibil- ity of implementing an alternative to the $25 annual pass

that the Secretary currently offers to users of recreation facilities at water resources projects of the Corps of Engineers.

16 USC 460d–3

note.

16 USC 460d

note.
PUBLIC LAW 104–303—OCT. 12, 1996 110 STAT. 3681

(2) ANNUAL PASS.—The evaluation under paragraph (1)

shall include the establishment on a test basis of an annual

pass that costs $10 or less for the use of recreation facilities,

including facilities at Raystown Lake, Pennsylvania.

(3) REPORT.—Not later than December 31, 1999, the Secretary shall transmit to Congress a report on the results of

the evaluation carried out under this subsection, together with

recommendations concerning whether annual passes for

individual projects should be offered on a nationwide basis.

(4) EXPIRATION OF AUTHORITY.—The authority to establish

an annual pass under paragraph (2) shall expire on the later

of December 31, 1999, or the date of transmittal of the report

under paragraph (3).

SEC. 209. RECOVERY OF COSTS.

Amounts recovered under section 107 of the Comprehensive

Environmental Response, Compensation, and Liability Act of 1980

(42 U.S.C. 9607) for any response action taken by the Secretary

in support of the civil works program of the Department of the

Army and any other amounts recovered by the Secretary from

a contractor, insurer, surety, or other person to reimburse the

Department of the Army for any expenditure for environmental

response activities in support of the Army civil works program

shall be credited to the appropriate trust fund account from which

the cost of such response action has been paid or will be charged.

SEC. 210. COST SHARING FOR ENVIRONMENTAL PROJECTS.

(a) IN GENERAL.—Section 103(c) of the Water Resources Development Act of 1986 (33 U.S.C. 2213(c); 100 Stat. 4085) is amended—

(1) by striking ‘‘and’’ at the end of paragraph (5);

(2) by striking the period at the end of paragraph (6)

and inserting ‘‘; and’’; and

(3) by inserting after paragraph (6) the following:

‘‘(7) environmental protection and restoration: 35 percent;

except that nothing in this paragraph shall affect or limit

the applicability of section 906.’’.

(b) APPLICABILITY.—The amendments made by subsection (a)

apply only to projects authorized after the date of the enactment

of this Act.

SEC. 211. CONSTRUCTION OF FLOOD CONTROL PROJECTS BY NONFEDERAL INTERESTS.

(a) AUTHORITY.—Non-Federal interests are authorized to undertake flood control projects in the United States, subject to obtaining

any permits required pursuant to Federal and State laws in advance

of actual construction.

(b) STUDIES AND DESIGN ACTIVITIES.—

(1) BY NON-FEDERAL INTERESTS.—A non-Federal interest

may prepare, for review and approval by the Secretary, the

necessary studies and design documents for any construction

to be undertaken pursuant to subsection (a).

(2) BY SECRETARY.—Upon request of an appropriate nonFederal interest, the Secretary may undertake all necessary

studies and design activities for any construction to be undertaken pursuant to subsection (a) and provide technical assistance in obtaining all necessary permits for such construction

if the non-Federal interest contracts with the Secretary to

provide to the United States funds for the studies and design

33 USC 701b–13.

33 USC 2213

note.

42 USC 9607

note.
110 STAT. 3682 PUBLIC LAW 104–303—OCT. 12, 1996

activities during the period in which the studies and design

activities will be conducted.

(c) COMPLETION OF STUDIES AND DESIGN ACTIVITIES.—In the

case of any study or design documents for a flood control project

that were initiated before the date of the enactment of this Act,

the Secretary may complete and transmit to the appropriate nonFederal interests the study or design documents or, upon the

request of such non-Federal interests, terminate the study or design

activities and transmit the partially completed study or design

documents to such non-Federal interests for completion. Studies

and design documents subject to this subsection shall be completed

without regard to the requirements of subsection (b).

(d) AUTHORITY TO CARRY OUT IMPROVEMENT.—

(1) IN GENERAL.—Any non-Federal interest that has

received from the Secretary pursuant to subsection (b) or (c)

a favorable recommendation to carry out a flood control project,

or separable element of a flood control project, based on the

results of completed studies and design documents for the

project or element may carry out the project or element if

a final environmental impact statement under the National

Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)

has been filed for the project or element.

(2) PERMITS.—Any plan of improvement proposed to be

implemented in accordance with this subsection shall be

deemed to satisfy the requirements for obtaining the appropriate permits required under the Secretary’s authority. Such

permits shall be granted subject to the non-Federal interest’s

acceptance of the terms and conditions of such permits if the

Secretary determines that the applicable regulatory criteria

and procedures have been satisfied.

(3) MONITORING.—The Secretary shall monitor any project

for which a permit is granted under this subsection in order

to ensure that such project is constructed, operated, and maintained in accordance with the terms and conditions of such

permit.

(e) REIMBURSEMENT.—

(1) GENERAL RULE.—Subject to appropriations Acts, the

Secretary may reimburse any non-Federal interest an amount

equal to the estimate of the Federal share, without interest,

of the cost of any authorized flood control project, or separable

element of a flood control project, constructed pursuant to this

section—

(A) if, after authorization and before initiation of

construction of the project or separable element, the Secretary approves the plans for construction of such project

by the non-Federal interest; and

(B) if the Secretary finds, after a review of studies

and design documents prepared pursuant to this section,

that construction of the project or separable element is

economically justified and environmentally acceptable.

(2) SPECIAL RULES.—

(A) REIMBURSEMENT.—For work (including work associated with studies, planning, design, and construction)

carried out by a non-Federal interest with respect to a

project described in subsection (f), the Secretary shall, subject to amounts being made available in advance in appropriations Acts, reimburse, without interest, the non-Federal
PUBLIC LAW 104–303—OCT. 12, 1996 110 STAT. 3683

interest an amount equal to the estimated Federal share

of the cost of such work if such work is later recommended

by the Chief of Engineers and approved by the Secretary.

(B) CREDIT.—If the non-Federal interest for a project

described in subsection (f) carries out work before completion of a reconnaissance study by the Secretary and if

such work is determined by the Secretary to be compatible

with the project later recommended by the Secretary, the

Secretary shall credit the non-Federal interest for its share

of the cost of the project for such work.

(3) MATTERS TO BE CONSIDERED IN REVIEWING PLANS.—

In reviewing plans under this subsection, the Secretary shall

consider budgetary and programmatic priorities and other factors that the Secretary considers appropriate.

(4) MONITORING.—The Secretary shall regularly monitor

and audit any project for flood control approved for construction

under this section by a non-Federal interest to ensure that

such construction is in compliance with the plans approved

by the Secretary and that the costs are reasonable.

(5) LIMITATION ON REIMBURSEMENTS.—The Secretary may

not make any reimbursement under this section until the Secretary determines that the work for which reimbursement is

requested has been performed in accordance with applicable

permits and approved plans.

(f) SPECIFIC PROJECTS.—For the purpose of demonstrating the

potential advantages and effectiveness of non-Federal implementation of flood control projects, the Secretary shall enter into agreements pursuant to this section with non-Federal interests for

development of the following flood control projects by such interests:

(1) BERRYESSA CREEK, CALIFORNIA.—The Berryessa Creek

element of the project for flood control, Coyote and Berryessa

Creeks, California, authorized by section 101(a)(5) of the Water

Resources Development Act of 1990 (104 Stat. 4606); except

that, subject to the approval of the Secretary as provided by

this section, the non-Federal interest may design and construct

an alternative to such element.

(2) LOS ANGELES COUNTY DRAINAGE AREA, CALIFORNIA.—

The project for flood control, Los Angeles County Drainage

Area, California, authorized by section 101(b) of the Water

Resources Development Act of 1990 (104 Stat. 4611).

(3) STOCKTON METROPOLITAN AREA, CALIFORNIA.—The

project for flood control, Stockton Metropolitan Area, California.

(4) UPPER GUADALUPE RIVER, CALIFORNIA.—The project for

flood control, Upper Guadalupe River, California.

(5) FLAMINGO AND TROPICANA WASHES, NEVADA.—The

project for flood control, Las Vegas Wash and Tributaries (Flamingo and Tropicana Washes), Nevada, authorized by section

101(13) of the Water Resources Development Act of 1992 (106

Stat. 4803).

(6) BRAYS BAYOU, TEXAS.—Flood control components

comprising the Brays Bayou element of the project for flood

control, Buffalo Bayou and tributaries, Texas, authorized by

section 101(a)(21) of the Water Resources Development Act

of 1990 (104 Stat. 4610); except that, subject to the approval

of the Secretary as provided by this section, the non-Federal

interest may design and construct an alternative to the diversion component of such element.
110 STAT. 3684 PUBLIC LAW 104–303—OCT. 12, 1996

(7) HUNTING BAYOU, TEXAS.—The Hunting Bayou element

of the project for flood control, Buffalo Bayou and tributaries,

Texas, authorized by such section; except that, subject to the

approval of the Secretary as provided by this section, the nonFederal interest may design and construct an alternative to

such element.

(8) WHITE OAK BAYOU, TEXAS.—The project for flood control,

White Oak Bayou watershed, Texas.

(g) TREATMENT OF FLOOD DAMAGE PREVENTION MEASURES.— For the purposes of this section, flood damage prevention measures

at or in the vicinity of Morgan City and Berwick, Louisiana, shall

be treated as an authorized separable element of the Atchafalaya

Basin feature of the project for flood control, Mississippi River

and Tributaries.

SEC. 212. ENGINEERING AND ENVIRONMENTAL INNOVATIONS OF

NATIONAL SIGNIFICANCE.

(a) SURVEYS, PLANS, AND STUDIES.—To encourage innovative

and environmentally sound engineering solutions and innovative

environmental solutions to problems of national significance, the

Secretary may undertake surveys, plans, and studies and prepare

reports that may lead to work under existing civil works authorities

or to recommendations for authorizations.

(b) FUNDING.—

(1) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this section $1,000,000

for each of fiscal years 1997 through 2000.

(2) FUNDING FROM OTHER SOURCES.—The Secretary may

accept and expend additional funds from other Federal agencies,

States, or non-Federal entities for purposes of carrying out

this section.

SEC. 213. LEASE AUTHORITY.

Notwithstanding any other provision of law, the Secretary may

lease space available in buildings for which funding for construction

or purchase was provided from the revolving fund established by

the 1st section of the Civil Functions Appropriations Act, 1954

(33 U.S.C. 576; 67 Stat. 199), under such terms and conditions

as are acceptable to the Secretary. The proceeds from such leases

shall be credited to the revolving fund for the purposes set forth

in such Act.

SEC. 214. COLLABORATIVE RESEARCH AND DEVELOPMENT.

(a) FUNDING FROM OTHER FEDERAL SOURCES.—Section 7 of

the Water Resources Development Act of 1988 (33 U.S.C. 2313;

102 Stat. 4022–4023) is amended—

(1) in subsection (a) by inserting ‘‘civil works’’ before ‘‘mission’’; and

(2) by striking subsection (e) and inserting the following:

‘‘(e) FUNDING FROM OTHER FEDERAL SOURCES.—The Secretary

may accept and expend additional funds from other Federal programs, including other Department of Defense programs, to carry

out this section.’’.

(b) PRE-AGREEMENT TEMPORARY PROTECTION OF TECH- NOLOGY.—Section 7 of such Act is amended—

(1) by redesignating subsections (b), (c), (d), and (e) as

subsections (c), (d), (e), and (f), respectively;

(2) by inserting after subsection (a) the following:

33 USC 576b.

33 USC 2313a.
PUBLIC LAW 104–303—OCT. 12, 1996 110 STAT. 3685

‘‘(b) PRE-AGREEMENT TEMPORARY PROTECTION OF TECH- NOLOGY.—

‘‘(1) IN GENERAL.—If the Secretary determines that information developed as a result of research and development activities

conducted by the Corps of Engineers is likely to be subject

to a cooperative research and development agreement within

2 years of its development and that such information would

be a trade secret or commercial or financial information that

would be privileged or confidential if the information had been

obtained from a non-Federal party participating in a cooperative

research and development agreement under section 12 of the

Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.

3710a), the Secretary may provide appropriate protection

against the dissemination of such information, including exemption from subchapter II of chapter 5 of title 5, United States

Code, until the earlier of the date the Secretary enters into

such an agreement with respect to such technology or the

last day of the 2-year period beginning on the date of such

determination.

‘‘(2) TREATMENT.—Any technology covered by this section

that becomes the subject of a cooperative research and development agreement shall be accorded the protection provided under

section 12(c)(7)(B) of such Act (15 U.S.C. 3710a(c)(7)(B)) as

if such technology had been developed under a cooperative

research and development agreement.’’; and

(3) in subsection (d) (as so redesignated) by striking ‘‘(b)’’

and inserting ‘‘(c)’’.

SEC. 215. NATIONAL DAM SAFETY PROGRAM.

(a) PURPOSE.—The purpose of this section is to reduce the

risks to life and property from dam failure in the United States

through the establishment and maintenance of an effective national

dam safety program to bring together the expertise and resources

of the Federal and non-Federal communities in achieving national

dam safety hazard reduction. It is not the intent of this section

to preempt any other Federal or State authorities nor is it the

intent of this section to mandate State participation in the grant

assistance program to be established under this section.

(b) EFFECT ON OTHER DAM SAFETY PROGRAMS.—Nothing in

this section (including the amendments made by this section) shall

preempt or otherwise affect any dam safety program of a Federal

agency other than the Federal Emergency Management Agency,

including any program that regulates, permits, or licenses any

activity affecting a dam.

(c) DAM SAFETY PROGRAM.—The Act entitled ‘‘An Act to authorize the Secretary of the Army to undertake a national program

of inspection of dams’’, approved August 8, 1972 (33 U.S.C 467

et seq.; Public Law 92–367), is amended—

(1) by striking the 1st section and inserting the following:

‘‘SECTION 1. SHORT TITLE.

‘‘This Act may be cited as the ‘National Dam Safety Program

Act’.’’;

(2) by striking sections 5 through 14;

(3) by redesignating sections 2, 3, and 4 as sections 3,

4, and 5, respectively;

(4) by inserting after section 1 (as amended by paragraph

(1) of this subsection) the following:

33 USC

467a–467c.

33 USC

467d–467m.

33 USC 467 note.

33 USC 467.

33 USC 467 note.

33 USC 467 note.
110 STAT. 3686 PUBLIC LAW 104–303—OCT. 12, 1996

‘‘SEC. 2. DEFINITIONS.

‘‘In this Act, the following definitions apply:

‘‘(1) BOARD.—The term ‘Board’ means a National Dam

Safety Review Board established under section 8(h).

‘‘(2) DAM.—The term ‘dam’—

‘‘(A) means any artificial barrier that has the ability

to impound water, wastewater, or any liquid-borne material, for the purpose of storage or control of water, that—

‘‘(i) is 25 feet or more in height from—

‘‘(I) the natural bed of the stream channel

or watercourse measured at the downstream toe

of the barrier; or

‘‘(II) if the barrier is not across a stream channel or watercourse, from the lowest elevation of

the outside limit of the barrier;

to the maximum water storage elevation; or

‘‘(ii) has an impounding capacity for maximum

storage elevation of 50 acre-feet or more; but

‘‘(B) does not include—

‘‘(i) a levee; or

‘‘(ii) a barrier described in subparagraph (A) that—

‘‘(I) is 6 feet or less in height regardless of

storage capacity; or

‘‘(II) has a storage capacity at the maximum

water storage elevation that is 15 acre-feet or less

regardless of height;

unless the barrier, because of the location of the barrier

or another physical characteristic of the barrier, is

likely to pose a significant threat to human life or

property if the barrier fails (as determined by the

Director).

‘‘(3) DIRECTOR.—The term ‘Director’ means the Director

of FEMA.

‘‘(4) FEDERAL AGENCY.—The term ‘Federal agency’ means

a Federal agency that designs, finances, constructs, owns, operates, maintains, or regulates the construction, operation, or

maintenance of a dam.

‘‘(5) FEDERAL GUIDELINES FOR DAM SAFETY.—The term ‘Federal Guidelines for Dam Safety’ means the FEMA publication,

numbered 93 and dated June 1979, that defines management

practices for dam safety at all Federal agencies.

‘‘(6) FEMA.—The term ‘FEMA’ means the Federal Emergency Management Agency.

‘‘(7) HAZARD REDUCTION.—The term ‘hazard reduction’

means the reduction in the potential consequences to life and

property of dam failure.

‘‘(8) ICODS.—The term ‘ICODS’ means the Interagency

Committee on Dam Safety established by section 7.

‘‘(9) PROGRAM.—The term ‘Program’ means the national

dam safety program established under section 8.

‘‘(10) STATE.—The term ‘State’ means each of the several

States of the United States, the District of Columbia, the

Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana

Islands, and any other territory or possession of the United

States.

33 USC 467.
PUBLIC LAW 104–303—OCT. 12, 1996 110 STAT. 3687

‘‘(11) STATE DAM SAFETY AGENCY.—The term ‘State dam

safety agency’ means a State agency that has regulatory authority over the safety of non-Federal dams.

‘‘(12) STATE DAM SAFETY PROGRAM.—The term ‘State dam

safety program’ means a State dam safety program approved

and assisted under section 8(f).

‘‘(13) UNITED STATES.—The term ‘United States’, when used

in a geographical sense, means all of the States.’’;

(5) in section 3 (as redesignated by paragraph (3) of this

subsection)—

(A) by striking ‘‘SEC. 3. As’’ and inserting the following:

‘‘SEC. 3. INSPECTION OF DAMS.

‘‘(a) IN GENERAL.—As’’; and

(B) by adding at the end the following:

‘‘(b) STATE PARTICIPATION.—On request of a State dam safety

agency, with respect to any dam the failure of which would affect

the State, the head of a Federal agency shall—

‘‘(1) provide information to the State dam safety agency

on the construction, operation, or maintenance of the dam;

or

‘‘(2) allow any official of the State dam safety agency to

participate in the Federal inspection of the dam.’’;

(6) in section 4 (as redesignated by paragraph (3) of this

subsection) by striking ‘‘SEC. 4. As’’ and inserting the following:

‘‘SEC. 4. INVESTIGATION REPORTS TO GOVERNORS.

‘‘As’’;

(7) in section 5 (as redesignated by paragraph (3) of this

subsection) by striking ‘‘SEC. 5. For’’ and inserting the following:

‘‘SEC. 5. DETERMINATION OF DANGER TO HUMAN LIFE AND PROPERTY.

‘‘For’’; and

(8) by inserting after section 5 (as redesignated by paragraph (3) of this subsection) the following:

‘‘SEC. 6. NATIONAL DAM INVENTORY.

‘‘The Secretary of the Army, acting through the Chief of Engineers, may maintain and periodically publish updated information

on the inventory of dams in the United States.

‘‘SEC. 7. INTERAGENCY COMMITTEE ON DAM SAFETY.

‘‘(a) ESTABLISHMENT.—There is established an Interagency

Committee on Dam Safety—

‘‘(1) comprised of a representative of each of the Department of Agriculture, the Department of Defense, the Department of Energy, the Department of the Interior, the Department

of Labor, FEMA, the Federal Energy Regulatory Commission,

the Nuclear Regulatory Commission, the Tennessee Valley

Authority, and the United States Section of the International

Boundary Commission; and

‘‘(2) chaired by the Director.

‘‘(b) DUTIES.—ICODS shall encourage the establishment and

maintenance of effective Federal and State programs, policies, and

guidelines intended to enhance dam safety for the protection of

human life and property through—

33 USC 467e.

33 USC 467d.

33 USC 467c.

33 USC 467b.

33 USC 467a.
110 STAT. 3688 PUBLIC LAW 104–303—OCT. 12, 1996

‘‘(1) coordination and information exchange among Federal

agencies and State dam safety agencies; and

‘‘(2) coordination and information exchange among Federal

agencies concerning implementation of the Federal Guidelines

for Dam Safety.

‘‘SEC. 8. NATIONAL DAM SAFETY PROGRAM.

‘‘(a) IN GENERAL.—The Director, in consultation with ICODS

and State dam safety agencies, and the Board shall establish and

maintain, in accordance with this section, a coordinated national

dam safety program. The Program shall—

‘‘(1) be administered by FEMA to achieve the objectives

set forth in subsection (c);

‘‘(2) involve, to the extent appropriate, each Federal agency;

and

‘‘(3) include—

‘‘(A) each of the components described in subsection

(d);

‘‘(B) the implementation plan described in subsection

(e); and

‘‘(C) assistance for State dam safety programs described

in subsection (f).

‘‘(b) DUTIES.—The Director shall—

‘‘(1) not later than 270 days after the date of the enactment

of this paragraph, develop the implementation plan described

in subsection (e);

‘‘(2) not later than 300 days after the date of the enactment

of this paragraph, submit to the appropriate authorizing

committees of Congress the implementation plan described in

subsection (e); and

‘‘(3) by regulation, not later than 360 days after the date

of the enactment of this paragraph—

‘‘(A) develop and implement the Program;

‘‘(B) establish goals, priorities, and target dates for

implementation of the Program; and

‘‘(C) to the extent feasible, provide a method for

cooperation and coordination with, and assistance to,

interested governmental entities in all States.

‘‘(c) OBJECTIVES.—The objectives of the Program are to—

‘‘(1) ensure that new and existing dams are safe through

the development of technologically and economically feasible

programs and procedures for national dam safety hazard reduction;

‘‘(2) encourage acceptable engineering policies and procedures to be used for dam site investigation, design, construction,

operation and maintenance, and emergency preparedness;

‘‘(3) encourage the establishment and implementation of

effective dam safety programs in each State based on State

standards;

‘‘(4) develop and encourage public awareness projects to

increase public acceptance and support of State dam safety

programs;

‘‘(5) develop technical assistance materials for Federal and

non-Federal dam safety programs; and

‘‘(6) develop mechanisms with which to provide Federal

technical assistance for dam safety to the non-Federal sector.

‘‘(d) COMPONENTS.—

Regulations.

33 USC 467f.
PUBLIC LAW 104–303—OCT. 12, 1996 110 STAT. 3689

‘‘(1) IN GENERAL.—The Program shall consist of—

‘‘(A) a Federal element and a non-Federal element;

and

‘‘(B) leadership activity, technical assistance activity,

and public awareness activity.

‘‘(2) ELEMENTS.—

‘‘(A) FEDERAL.—The Federal element shall incorporate

the activities and practices carried out by Federal agencies

under section 7 to implement the Federal Guidelines for

Dam Safety.

‘‘(B) NON-FEDERAL.—The non-Federal element shall

consist of—

‘‘(i) the activities and practices carried out by

States, local governments, and the private sector to

safely build, regulate, operate, and maintain dams;

and

‘‘(ii) Federal activities that foster State efforts to

develop and implement effective programs for the

safety of dams.

‘‘(3) FUNCTIONAL ACTIVITIES.—

‘‘(A) LEADERSHIP.—The leadership activity shall be the

responsibility of FEMA and shall be exercised by chairing

ICODS to coordinate Federal efforts in cooperation with

State dam safety officials.

‘‘(B) TECHNICAL ASSISTANCE.—The technical assistance

activity shall consist of the transfer of knowledge and technical information among the Federal and non-Federal elements described in paragraph (2).

‘‘(C) PUBLIC AWARENESS.—The public awareness activity shall provide for the education of the public, including

State and local officials, in the hazards of dam failure,

methods of reducing the adverse consequences of dam failure, and related matters.

‘‘(e) IMPLEMENTATION PLAN.—The Director shall—

‘‘(1) develop an implementation plan for the Program that

shall set, through fiscal year 2002, year-by-year targets that

demonstrate improvements in dam safety; and

‘‘(2) recommend appropriate roles for Federal agencies and

for State and local units of government, individuals, and private

organizations in carrying out the implementation plan.

‘‘(f) ASSISTANCE FOR STATE DAM SAFETY PROGRAMS.—

‘‘(1) IN GENERAL.—To encourage the establishment and

maintenance of effective State programs intended to ensure

dam safety, to protect human life and property, and to improve

State dam safety programs, the Director shall provide assistance with amounts made available under section 12 to assist

States in establishing and maintaining dam safety programs—

‘‘(A) in accordance with the criteria specified in paragraph (2); and

‘‘(B) in accordance with more advanced requirements

and standards established by the Board and the Director

with the assistance of established criteria such as the Model

State Dam Safety Program published by FEMA, numbered

123 and dated April 1987, and amendments to the Model

State Dam Safety Program.

‘‘(2) CRITERIA AND BUDGETING REQUIREMENT.—For a State

to be eligible for primary assistance under this subsection,
110 STAT. 3690 PUBLIC LAW 104–303—OCT. 12, 1996

a State dam safety program must be working toward meeting

the following criteria and budgeting requirement, and for a

State to be eligible for advanced assistance under this subsection, a State dam safety program must meet the following

criteria and budgeting requirement and be working toward

meeting the advanced requirements and standards established

under paragraph (1)(B):

‘‘(A) CRITERIA.—For a State to be eligible for assistance

under this subsection, a State dam safety program must

be authorized by State legislation to include substantially,

at a minimum—

‘‘(i) the authority to review and approve plans and

specifications to construct, enlarge, modify, remove,

and abandon dams;

‘‘(ii) the authority to perform periodic inspections

during dam construction to ensure compliance with

approved plans and specifications;

‘‘(iii) a requirement that, on completion of dam

construction, State approval must be given before operation of the dam;

‘‘(iv)(I) the authority to require or perform the

inspection, at least once every 5 years, of all dams

and reservoirs that would pose a significant threat

to human life and property in case of failure to determine the continued safety of the dams and reservoirs;

and

‘‘(II) a procedure for more detailed and frequent

safety inspections;

‘‘(v) a requirement that all inspections be performed under the supervision of a State-registered

professional engineer with related experience in dam

design and construction;

‘‘(vi) the authority to issue notices, when appropriate, to require owners of dams to perform necessary

maintenance or remedial work, revise operating procedures, or take other actions, including breaching dams

when necessary;

‘‘(vii) regulations for carrying out the legislation

of the State described in this subparagraph;

‘‘(viii) provision for necessary funds—

‘‘(I) to ensure timely repairs or other changes

to, or removal of, a dam in order to protect human

life and property; and

‘‘(II) if the owner of the dam does not take

action described in subclause (I), to take appropriate action as expeditiously as practicable;

‘‘(ix) a system of emergency procedures to be used

if a dam fails or if the failure of a dam is imminent;

and

‘‘(x) an identification of—

‘‘(I) each dam the failure of which could be

reasonably expected to endanger human life;

‘‘(II) the maximum area that could be flooded

if the dam failed; and

‘‘(III) necessary public facilities that would be

affected by the flooding.
PUBLIC LAW 104–303—OCT. 12, 1996 110 STAT. 3691

‘‘(B) BUDGETING REQUIREMENT.—For a State to be

eligible for assistance under this subsection, State appropriations must be budgeted to carry out the legislation

of the State under subparagraph (A).

‘‘(3) WORK PLANS.—The Director shall enter into a contract

with each State receiving assistance under paragraph (2) to

develop a work plan necessary for the State dam safety program

to reach a level of program performance specified in the contract.

‘‘(4) MAINTENANCE OF EFFORT.—Assistance may not be provided to a State under this subsection for a fiscal year unless

the State enters into such agreement with the Director as

the Director requires to ensure that the State will maintain

the aggregate expenditures of the State from all other sources

for programs to ensure dam safety for the protection of human

life and property at or above a level equal to the average

annual level of such expenditures for the 2 fiscal years preceding the fiscal year.

‘‘(5) APPROVAL OF PROGRAMS.—

‘‘(A) SUBMISSION.—For a State to be eligible for assistance under this subsection, a plan for a State dam safety

program shall be submitted to the Director for approval.

‘‘(B) APPROVAL.—A State dam safety program shall

be deemed to be approved 120 days after the date of receipt

by the Director unless the Director determines within the

120-day period that the State dam safety program fails

to meet the requirements of paragraphs (1) through (3).

‘‘(C) NOTIFICATION OF DISAPPROVAL.—If the Director

determines that a State dam safety program does not meet

the requirements for approval, the Director shall immediately notify the State in writing and provide the reasons

for the determination and the changes that are necessary

for the plan to be approved.

‘‘(6) REVIEW OF STATE DAM SAFETY PROGRAMS.—Using the

expertise of the Board, the Director shall periodically review

State dam safety programs. If the Board finds that a State

dam safety program has proven inadequate to reasonably protect human life and property and the Director concurs, the

Director shall revoke approval of the State dam safety program,

and withhold assistance under this subsection, until the State

dam safety program again meets the requirements for approval.

‘‘(g) DAM SAFETY TRAINING.—At the request of any State that

has or intends to develop a State dam safety program, the Director

shall provide training for State dam safety staff and inspectors.

‘‘(h) BOARD.—

‘‘(1) ESTABLISHMENT.—The Director may establish an

advisory board to be known as the ‘National Dam Safety Review

Board’ to monitor State implementation of this section.

‘‘(2) AUTHORITY.—The Board may use the expertise of Federal agencies and enter into contracts for necessary studies

to carry out this section.

‘‘(3) MEMBERSHIP.—The Board shall consist of 11 members

selected by the Director for expertise in dam safety, of whom—

‘‘(A) 1 member shall represent the Department of Agriculture;

‘‘(B) 1 member shall represent the Department of

Defense;

Contracts.
110 STAT. 3692 PUBLIC LAW 104–303—OCT. 12, 1996

‘‘(C) 1 member shall represent the Department of the

Interior;

‘‘(D) 1 member shall represent FEMA;

‘‘(E) 1 member shall represent the Federal Energy

Regulatory Commission;

‘‘(F) 5 members shall be selected by the Director from

among dam safety officials of States; and

‘‘(G) 1 member shall be selected by the Director to

represent the United States Committee on Large Dams.

‘‘(4) COMPENSATION OF MEMBERS.—

‘‘(A) FEDERAL EMPLOYEES.—Each member of the Board

who is an officer or employee of the United States shall

serve without compensation in addition to compensation

received for the services of the member as an officer or

employee of the United States.

‘‘(B) OTHER MEMBERS.—Each member of the Board who

is not an officer or employee of the United States shall

serve without compensation.

‘‘(5) TRAVEL EXPENSES.—Each member of the Board shall

be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under

subchapter I of chapter 57 of title 5, United States Code,

while away from the home or regular place of business of

the member in the performance of services for the Board.

‘‘(6) APPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.—

The Federal Advisory Committee Act (5 U.S.C. App.) shall

not apply to the Board.

‘‘SEC. 9. RESEARCH.

‘‘(a) IN GENERAL.—The Director, in cooperation with ICODS,

shall carry out a program of technical and archival research to

develop—

‘‘(1) improved techniques, historical experience, and equipment for rapid and effective dam construction, rehabilitation,

and inspection; and

‘‘(2) devices for the continued monitoring of the safety of

dams.

‘‘(b) CONSULTATION.—The Director shall provide for State

participation in research under subsection (a) and periodically

advise all States and Congress of the results of the research.

‘‘SEC. 10. REPORTS.

‘‘(a) REPORT ON DAM INSURANCE.—Not later than 180 days

after the date of the enactment of this subsection, the Director

shall report to Congress on the availability of dam insurance and

make recommendations concerning encouraging greater availability.

‘‘(b) BIENNIAL REPORTS.—Not later than 90 days after the end

of each odd-numbered fiscal year, the Director shall submit a report

to Congress that—

‘‘(1) describes the status of the Program;

‘‘(2) describes the progress achieved by Federal agencies

during the 2 preceding fiscal years in implementing the Federal

Guidelines for Dam Safety;

‘‘(3) describes the progress achieved in dam safety by States

participating in the Program; and

‘‘(4) includes any recommendations for legislative and other

action that the Director considers necessary.

33 USC 467h.

33 USC 467g.
PUBLIC LAW 104–303—OCT. 12, 1996 110 STAT. 3693

‘‘SEC. 11. STATUTORY CONSTRUCTION.

‘‘Nothing in this Act and no action or failure to act under

this Act shall—

‘‘(1) create any liability in the United States or its officers

or employees for the recovery of damages caused by such action

or failure to act;

‘‘(2) relieve an owner or operator of a dam of the legal

duties, obligations, or liabilities incident to the ownership or

operation of the dam; or

‘‘(3) preempt any other Federal or State law.

‘‘SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

‘‘(a) NATIONAL DAM SAFETY PROGRAM.—

‘‘(1) ANNUAL AMOUNTS.—There are authorized to be appropriated to FEMA to carry out sections 7, 8, and 10 (in addition

to any amounts made available for similar purposes included

in any other Act and amounts made available under subsections

(b) through (e)), $1,000,000 for fiscal year 1998, $2,000,000

for fiscal year 1999, $4,000,000 for fiscal year 2000, $4,000,000

for fiscal year 2001, and $4,000,000 for fiscal year 2002.

‘‘(2) ALLOCATION.—

‘‘(A) IN GENERAL.—Subject to subparagraphs (B) and

(C), for each fiscal year, amounts made available under

this subsection to carry out section 8 shall be allocated

among the States as follows:

‘‘(i) One-third among States that qualify for assistance under section 8(f).

‘‘(ii) Two-thirds among States that qualify for

assistance under section 8(f), to each such State in

proportion to—

‘‘(I) the number of dams in the State that

are listed as State-regulated dams on the inventory

of dams maintained under section 6; as compared

to

‘‘(II) the number of dams in all States that

are listed as State-regulated dams on the inventory

of dams maintained under section 6.

‘‘(B) MAXIMUM AMOUNT OF ALLOCATION.—The amount

of funds allocated to a State under this paragraph may

not exceed 50 percent of the reasonable cost of implementing the State dam safety program.

‘‘(C) DETERMINATION.—The Director and the Board

shall determine the amount allocated to States needing

primary assistance and States needing advanced assistance

under section 8(f).

‘‘(b) NATIONAL DAM INVENTORY.—There is authorized to be

appropriated to carry out section 6 $500,000 for each fiscal year.

‘‘(c) DAM SAFETY TRAINING.—There is authorized to be appropriated to carry out section 8(g) $500,000 for each of fiscal years

1998 through 2002.

‘‘(d) RESEARCH.—There is authorized to be appropriated to carry

out section 9 $1,000,000 for each of fiscal years 1998 through

2002.

‘‘(e) STAFF.—There is authorized to be appropriated to FEMA

for the employment of such additional staff personnel as are necessary to carry out sections 6 through 9 $400,000 for each of

fiscal years 1998 through 2002.

33 USC 467j.

33 USC 467i.
110 STAT. 3694 PUBLIC LAW 104–303—OCT. 12, 1996

‘‘(f) LIMITATION ON USE OF AMOUNTS.—Amounts made available

under this Act may not be used to construct or repair any Federal

or non-Federal dam.’’.

(d) CONFORMING AMENDMENT.—Section 3(2) of the Indian Dams

Safety Act of 1994 (25 U.S.C. 3802(2); 108 Stat. 1560) is amended

by striking ‘‘the first section of Public Law 92–367 (33 U.S.C.

467)’’ and inserting ‘‘section 2 of the National Dam Safety Program

Act’’.

SEC. 216. HYDROELECTRIC POWER PROJECT UPRATING.

(a) IN GENERAL.—In carrying out the maintenance, rehabilitation, and modernization of a hydroelectric power generating facility

at a water resources project under the jurisdiction of the Department of the Army, the Secretary may take, to the extent funds

are made available in appropriations Acts, such actions as are

necessary to increase the efficiency of energy production or the

capacity of the facility, or both, if, after consulting with the heads

of other appropriate Federal and State agencies, the Secretary

determines that the increase—

(1) is economically justified and financially feasible;

(2) will not result in any significant adverse effect on

the other purposes for which the project is authorized;

(3) will not result in significant adverse environmental

impacts;

(4) will not involve major structural or operational changes

in the project; and

(5) will not adversely affect the use, management, or protection of existing Federal, State, or tribal water rights.

(b) CONSULTATION.—Before proceeding with the proposed

uprating under subsection (a), the Secretary shall provide affected

State, tribal, and Federal agencies with a copy of the proposed

determinations under subsection (a). If the agencies submit comments, the Secretary shall accept those comments or respond in

writing to any objections those agencies raise to the proposed determinations.

(c) EFFECT ON OTHER AUTHORITY.—This section shall not affect

the authority of the Secretary and the Administrator of the Bonneville Power Administration under section 2406 of the Energy Policy

Act of 1992 (16 U.S.C. 839d–1; 106 Stat. 3099).

SEC. 217. DREDGED MATERIAL DISPOSAL FACILITY PARTNERSHIPS.

(a) ADDITIONAL CAPACITY.— (1) PROVIDED BY SECRETARY.—At the request of a nonFederal interest with respect to a project, the Secretary may

provide additional capacity at a dredged material disposal facility constructed by the Secretary beyond the capacity that would

be required for project purposes if the non-Federal interest

agrees to pay, during the period of construction, all costs associated with the construction of the additional capacity.

(2) COST RECOVERY AUTHORITY.—The non-Federal interest

may recover the costs assigned to the additional capacity

through fees assessed on third parties whose dredged material

is deposited at the facility and who enter into agreements

with the non-Federal interest for the use of the facility. The

amount of such fees may be determined by the non-Federal

interest.

(b) NON-FEDERAL USE OF DISPOSAL FACILITIES.—

(1) IN GENERAL.—The Secretary—

33 USC 2326a.

33 USC 2321a.
PUBLIC LAW 104–303—OCT. 12, 1996 110 STAT. 3695

(A) may permit the use of any dredged material disposal facility under the jurisdiction of, or managed by,

the Secretary by a non-Federal interest if the Secretary

determines that such use will not reduce the availability

of the facility for project purposes; and

(B) may impose fees to recover capital, operation, and

maintenance costs associated with such use.

(2) USE OF FEES.—Notwithstanding section 401(c) of the

Federal Water Pollution Control Act (33 U.S.C. 1341(c)) but

subject to advance appropriations, any monies received through

collection of fees under this subsection shall be available to

the Secretary, and shall be used by the Secretary, for the

operation and maintenance of the disposal facility from which

the fees were collected.

(c) PUBLIC-PRIVATE PARTNERSHIPS.—

(1) IN GENERAL.—The Secretary may carry out a program

to evaluate and implement opportunities for public-private partnerships in the design, construction, management, or operation

of dredged material disposal facilities in connection with

construction or maintenance of Federal navigation projects.

If a non-Federal interest is a sponsor of the project, the Secretary shall consult with the non-Federal interest in carrying

out the program with respect to the project.

(2) PRIVATE FINANCING.—

(A) AGREEMENTS.—In carrying out this subsection, the

Secretary may enter into an agreement with a non-Federal

interest with respect to a project, a private entity, or both

for the acquisition, design, construction, management, or

operation of a dredged material disposal facility (including

any facility used to demonstrate potential beneficial uses

of dredged material) using funds provided in whole or

in part by the private entity.

(B) REIMBURSEMENT.—If any funds provided by a private entity are used to carry out a project under this

subsection, the Secretary may reimburse the private entity

over a period of time agreed to by the parties to the

agreement through the payment of subsequent user fees.

Such fees may include the payment of a disposal or tipping

fee for placement of suitable dredged material at the facility.

(C) AMOUNT OF FEES.—User fees paid pursuant to

subparagraph (B) shall be sufficient to repay funds contributed by the private entity plus a reasonable return on

investment approved by the Secretary in cooperation with

the non-Federal interest with respect to the project and

the private entity.

(D) FEDERAL SHARE.—The Federal share of such fees

shall be equal to the percentage of the total cost that

would otherwise be borne by the Federal Government as

required pursuant to existing cost-sharing requirements,

including section 103 of the Water Resources Development

Act of 1986 (33 U.S.C. 2213) and section 204 of the Water

Resources Development Act of 1992 (33 U.S.C. 2325).

(E) BUDGET ACT COMPLIANCE.—Any spending authority

(as defined in section 401(c)(2) of the Congressional Budget

Act of 1974 (2 U.S.C. 651(c)(2))) authorized by this section
110 STAT. 3696 PUBLIC LAW 104–303—OCT. 12, 1996

shall be effective only to such extent and in such amounts

as are provided in appropriation Acts.

SEC. 218. OBSTRUCTION REMOVAL REQUIREMENT.

(a) PENALTY.—Section 16 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 March 3, 1899 (33 U.S.C. 411; 30 Stat. 1153), is amended—

(1) by striking ‘‘thirteen, fourteen, and fifteen’’ each place

it appears and inserting ‘‘13, 14, 15, 19, and 20’’; and

(2) by striking ‘‘not exceeding twenty-five hundred dollars

nor less than five hundred dollars’’ and inserting ‘‘of up to

$25,000 per day’’.

(b) GENERAL AUTHORITY.—Section 20 of such Act (33 U.S.C.

415) is amended—

(1) in subsection (a) by striking ‘‘expense’’ the 1st place

it appears and inserting ‘‘actual expense, including administrative expenses,’’;

(2) in subsection (b) by striking ‘‘cost’’ and inserting ‘‘actual

cost, including administrative costs,’’;

(3) by redesignating subsection (b) as subsection (c); and

(4) by inserting after subsection (a) the following:

‘‘(b) REMOVAL REQUIREMENT.—Not later than 24 hours after

the Secretary of the Department in which the Coast Guard is

operating issues an order to stop or delay navigation in any navigable waters of the United States because of conditions related

to the sinking or grounding of a vessel, the owner or operator

of the vessel, with the approval of the Secretary of the Army,

shall begin removal of the vessel using the most expeditious removal

method available or, if appropriate, secure the vessel pending

removal to allow navigation to resume. If the owner or operator

fails to begin removal or to secure the vessel pending removal

or fails to complete removal on an expedited basis, the Secretary

of the Army shall remove or destroy the vessel using the summary

removal procedures under subsection (a).’’.

SEC. 219. SMALL PROJECT AUTHORIZATIONS.

Section 14 of the Act entitled ‘‘An Act authorizing the construction, repair, and preservation of certain public works on rivers

and harbors, and for other purposes’’, approved July 24, 1946 (33

U.S.C. 701r), is amended—

(1) by striking ‘‘$12,500,000’’ and inserting ‘‘$15,000,000’’;

and

(2) by striking ‘‘$500,000’’ and inserting ‘‘$1,000,000’’.

SEC. 220. UNECONOMICAL COST-SHARING REQUIREMENTS.

Section 221(a) of the Flood Control Act of 1970 (42 U.S.C.

1962d–5b(a)) is amended by striking the period at the end of the

1st sentence and inserting the following: ‘‘; except that no such

agreement shall be required if the Secretary determines that the

administrative costs associated with negotiating, executing, or

administering the agreement would exceed the amount of the contribution required from the non-Federal interest and are less than

$25,000.’’.

33 USC 411, 412.
PUBLIC LAW 104–303—OCT. 12, 1996 110 STAT. 3697

SEC. 221. PLANNING ASSISTANCE TO STATES.

Section 22 of the Water Resources Development Act of 1974

(42 U.S.C. 1962d–16) is amended—

(1) in subsection (a) by inserting ‘‘, watersheds, or

ecosystems’’ after ‘‘basins’’;

(2) in subsection (b)—

(A) by striking paragraph (2); and

(B) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively; and

(3) in subsection (c)—

(A) by striking ‘‘$6,000,000’’ and inserting

‘‘$10,000,000’’; and

(B) by striking ‘‘$300,000’’ and inserting ‘‘$500,000’’.

SEC. 222. CORPS OF ENGINEERS EXPENSES.

Section 211 of the Flood Control Act of 1950 (33 U.S.C. 701u;

64 Stat. 183) is amended—

(1) by striking ‘‘continental limits of the’’; and

(2) by striking the 2d colon and all that follows through

‘‘for this purpose’’.

SEC. 223. STATE AND FEDERAL AGENCY REVIEW PERIOD.

Paragraph (a) of the 1st section of the Act entitled ‘‘An Act

authorizing the construction of certain public works on rivers and

harbors for flood control, and other purposes’’, approved December

22, 1944 (33 U.S.C. 701–1(a); 58 Stat. 888), is amended—

(1) by striking ‘‘Within ninety’’ and inserting ‘‘Within 30’’;

and

(2) by striking ‘‘ninety-day period.’’ and inserting ‘‘30-day

period.’’.

SEC. 224. SECTION 215 REIMBURSEMENT LIMITATION PER PROJECT.

(a) IN GENERAL.—The last sentence of section 215(a) of the

Flood Control Act of 1968 (42 U.S.C. 1962d–5a(a)) is amended—

(1) by striking ‘‘$3,000,000’’ and inserting ‘‘$5,000,000’’; and

(2) by striking the final period.

(b) MODIFICATION OF REIMBURSEMENT LIMITATION FOR SAN

ANTONIO RIVER AUTHORITY.—Notwithstanding the last sentence of

section 215(a) of the Flood Control Act of 1968 (42 U.S.C. 1962d–

5a(a)) and the agreement executed on November 7, 1992, by the

Secretary and the San Antonio River Authority, Texas, the Secretary shall reimburse the Authority an amount not to exceed

a total of $5,000,000 for the work carried out by the Authority

under the agreement, including any amounts paid to the Authority

under the terms of the agreement before the date of the enactment

of this Act.

SEC. 225. MELALEUCA.

Section 104(a) of the River and Harbor Act of 1958 (33 U.S.C.

610(a)) is amended by inserting ‘‘melaleuca,’’ after ‘‘milfoil,’’.

SEC. 226. SEDIMENTS DECONTAMINATION TECHNOLOGY.

(a) PROJECT PURPOSE.—Section 405(a) of the Water Resources

Development Act of 1992 (33 U.S.C. 2239 note; 106 Stat. 4863)

is amended by adding at the end the following:

‘‘(3) PROJECT PURPOSE.—The purpose of the project to be

carried out under this section is to provide for the development

of 1 or more sediment decontamination technologies on a pilot
110 STAT. 3698 PUBLIC LAW 104–303—OCT. 12, 1996

scale demonstrating a capacity of at least 500,000 cubic yards

per year.’’.

(b) AUTHORIZATION OF APPROPRIATIONS.—The 1st sentence of

section 405(c) of such Act is amended to read as follows: ‘‘There

is authorized to be appropriated to carry out this section

$10,000,000.’’.

(c) REPORTS.—Section 405 of such Act is amended by adding

at the end the following:

‘‘(d) REPORTS.—Not later than September 30, 1998, and periodically thereafter, the Administrator and the Secretary shall transmit

to Congress a report on the results of the project to be carried

out under this section, including an assessment of the progress

made in achieving the purpose of the project set forth in subsection

(a)(3).’’.

SEC. 227. SHORE PROTECTION.

(a) DECLARATION OF POLICY.—Subsection (a) of the 1st section

of the Act entitled ‘‘An Act authorizing Federal participation in

the cost of protecting the shores of publicly owned property’’,

approved August 13, 1946 (33 U.S.C. 426e), is amended—

(1) by striking ‘‘damage to the shores’’ and inserting ‘‘damage to the shores and beaches’’; and

(2) by striking ‘‘the following provisions’’ and all that follows

through the period at the end of such subsection and inserting

the following: ‘‘this Act, to promote shore protection projects

and related research that encourage the protection, restoration,

and enhancement of sandy beaches, including beach restoration

and periodic beach nourishment, on a comprehensive and

coordinated basis by the Federal Government, States, localities,

and private enterprises. In carrying out this policy, preference

shall be given to areas in which there has been a Federal

investment of funds and areas with respect to which the need

for prevention or mitigation of damage to shores and beaches

is attributable to Federal navigation projects or other Federal

activities.’’.

(b) AUTHORIZATION OF PROJECTS.—Subsection (e) of such section

is amended—

(1) by striking ‘‘(e) No’’ and inserting the following:

‘‘(e) AUTHORIZATION OF PROJECTS.—

‘‘(1) IN GENERAL.—No’’;

(2) by moving the remainder of the text of paragraph

(1) (as designated by paragraph (1) of this subsection) 2 ems

to the right; and

(3) by adding at the end the following:

‘‘(2) STUDIES.—

‘‘(A) IN GENERAL.—The Secretary shall—

‘‘(i) recommend to Congress studies concerning

shore protection projects that meet the criteria established under this Act (including subparagraph (B)(iii))

and other applicable law;

‘‘(ii) conduct such studies as Congress requires

under applicable laws; and

‘‘(iii) report the results of the studies to the

Committee on Environment and Public Works of the

Senate and the Committee on Transportation and

Infrastructure of the House of Representatives.

Reports.

33 USC 2239

note.
PUBLIC LAW 104–303—OCT. 12, 1996 110 STAT. 3699

‘‘(B) RECOMMENDATIONS FOR SHORE PROTECTION

PROJECTS.—

‘‘(i) IN GENERAL.—The Secretary shall recommend

to Congress the authorization or reauthorization of

shore protection projects based on the studies conducted under subparagraph (A).

‘‘(ii) CONSIDERATIONS.—In making recommendations, the Secretary shall consider the economic and

ecological benefits of the shore protection project.

‘‘(C) COORDINATION OF PROJECTS.—In conducting

studies and making recommendations for a shore protection

project under this paragraph, the Secretary shall—

‘‘(i) determine whether there is any other project

being carried out by the Secretary or the head of

another Federal agency that may be complementary

to the shore protection project; and

‘‘(ii) if there is such a complementary project,

describe the efforts that will be made to coordinate

the projects.

‘‘(3) SHORE PROTECTION PROJECTS.—

‘‘(A) IN GENERAL.—The Secretary shall construct, or

cause to be constructed, any shore protection project

authorized by Congress, or separable element of such a

project, for which funds have been appropriated by Congress.

‘‘(B) AGREEMENTS.—

‘‘(i) REQUIREMENT.—After authorization by Congress, and before commencement of construction, of

a shore protection project or separable element, the

Secretary shall enter into a written agreement with

a non-Federal interest with respect to the project or

separable element.

‘‘(ii) TERMS.—The agreement shall—

‘‘(I) specify the life of the project; and

‘‘(II) ensure that the Federal Government and

the non-Federal interest will cooperate in carrying

out the project or separable element.

‘‘(C) COORDINATION OF PROJECTS.—In constructing a

shore protection project or separable element under this

paragraph, the Secretary shall, to the extent practicable,

coordinate the project or element with any complementary

project identified under paragraph (2)(C).’’.

(c) REQUIREMENT OF AGREEMENTS PRIOR TO REIMBURSEMENTS.—

(1) SMALL SHORE PROTECTION PROJECTS.—Section 2 of the

Act entitled ‘‘An Act authorizing Federal participation in the

cost of protecting the shores of publicly owned property’’,

approved August 13, 1946 (33 U.S.C. 426f), is amended—

(A) by striking ‘‘SEC. 2. The Secretary of the Army’’

and inserting the following:

‘‘SEC. 2. REIMBURSEMENTS.

‘‘(a) IN GENERAL.—The Secretary’’;

(B) in subsection (a) (as designated by subparagraph

(A) of this paragraph)—

(i) by striking ‘‘local interests’’ and inserting ‘‘nonFederal interests’’;
110 STAT. 3700 PUBLIC LAW 104–303—OCT. 12, 1996

(ii) by inserting ‘‘or separable element of the

project’’ after ‘‘project’’; and

(iii) by inserting ‘‘or separable elements’’ after

‘‘projects’’ each place it appears; and

(C) by adding at the end the following:

‘‘(b) AGREEMENTS.— ‘‘(1) REQUIREMENT.—After authorization of reimbursement

by the Secretary under this section, and before commencement

of construction, of a shore protection project, the Secretary

shall enter into a written agreement with the non-Federal

interest with respect to the project or separable element.

‘‘(2) TERMS.—The agreement shall—

‘‘(A) specify the life of the project; and

‘‘(B) ensure that the Federal Government and the nonFederal interest will cooperate in carrying out the project

or separable element.’’.

(2) OTHER SHORELINE PROTECTION PROJECTS.—Section

206(e)(1)(A) of the Water Resources Development Act of 1992

(33 U.S.C. 426i–1(e)(1)(A); 106 Stat. 4829) is amended by inserting before the semicolon the following: ‘‘and enters into a written agreement with the non-Federal interest with respect to

the project or separable element (including the terms of cooperation)’’.

(d) STATE AND REGIONAL PLANS.—The Act entitled ‘‘An Act

authorizing Federal participation in the cost of protecting the shores

of publicly owned property’’, approved August 13, 1946, is amended—

(1) by redesignating section 4 (33 U.S.C. 426h) as section

5; and

(2) by inserting after section 3 (33 U.S.C. 426g) the following:

‘‘SEC. 4. STATE AND REGIONAL PLANS.

‘‘The Secretary may—

‘‘(1) cooperate with any State in the preparation of a comprehensive State or regional plan for the conservation of coastal

resources located within the boundaries of the State;

‘‘(2) encourage State participation in the implementation

of the plan; and

‘‘(3) submit to Congress reports and recommendations with

respect to appropriate Federal participation in carrying out

the plan.’’.

(e) NATIONAL SHORELINE EROSION CONTROL DEVELOPMENT AND

DEMONSTRATION PROGRAM AND DEFINITIONS.— (1) IN GENERAL.—The Act entitled ‘‘An Act authorizing

Federal participation in the cost of protecting the shores of

publicly owned property’’, approved August 13, 1946 (33 U.S.C.

426e et seq.), is amended by striking section 5 (as redesignated

by subsection (d)(1) of this section) and inserting the following:

‘‘SEC. 5. NATIONAL SHORELINE EROSION CONTROL DEVELOPMENT

AND DEMONSTRATION PROGRAM.

‘‘(a) ESTABLISHMENT OF EROSION CONTROL PROGRAM.—The Secretary shall establish and conduct a national shoreline erosion

control development and demonstration program for a period of

6 years beginning on the date that funds are made available to

carry out this section.

‘‘(b) REQUIREMENTS.—

33 USC 426h.

33 USC 426g–1.
PUBLIC LAW 104–303—OCT. 12, 1996 110 STAT. 3701

‘‘(1) IN GENERAL.—The erosion control program shall

include provisions for—

‘‘(A) projects consisting of planning, designing, and constructing prototype engineered and vegetative shoreline

erosion control devices and methods during the first 3

years of the erosion control program;

‘‘(B) adequate monitoring of the prototypes throughout

the duration of the erosion control program;

‘‘(C) detailed engineering and environmental reports

on the results of each demonstration project carried out

under the erosion control program; and

‘‘(D) technology transfers to private property owners

and State and local entities.

‘‘(2) EMPHASIS.—The projects carried out under the erosion

control program shall emphasize, to the extent practicable—

‘‘(A) the development and demonstration of innovative

technologies;

‘‘(B) efficient designs to prevent erosion at a shoreline

site, taking into account the life-cycle cost of the design,

including cleanup, maintenance, and amortization;

‘‘(C) natural designs, including the use of vegetation

or temporary structures that minimize permanent structural alterations;

‘‘(D) the avoidance of negative impacts to adjacent

shorefront communities;

‘‘(E) in areas with substantial residential or commercial

interests adjacent to the shoreline, designs that do not

impair the aesthetic appeal of the interests;

‘‘(F) the potential for long-term protection afforded by

the technology; and

‘‘(G) recommendations developed from evaluations of

the original 1974 program established under the Shoreline

Erosion Control Demonstration Act of 1974 (42 U.S.C.

1962d–5 note; 88 Stat. 26), including—

‘‘(i) adequate consideration of the subgrade;

‘‘(ii) proper filtration;

‘‘(iii) durable components;

‘‘(iv) adequate connection between units; and

‘‘(v) consideration of additional relevant information.

‘‘(3) SITES.—

‘‘(A) IN GENERAL.—Each project under the erosion control program shall be carried out at a privately owned

site with substantial public access, or a publicly owned

site, on open coast or on tidal waters.

‘‘(B) SELECTION.—The Secretary shall develop criteria

for the selection of sites for the projects, including—

‘‘(i) a variety of geographical and climatic conditions;

‘‘(ii) the size of the population that is dependent

on the beaches for recreation, protection of homes,

or commercial interests;

‘‘(iii) the rate of erosion;

‘‘(iv) significant natural resources or habitats and

environmentally sensitive areas; and

‘‘(v) significant threatened historic structures or

landmarks.
110 STAT. 3702 PUBLIC LAW 104–303—OCT. 12, 1996

‘‘(C) AREAS.—Projects under the erosion control program shall be carried out at not fewer than—

‘‘(i) 2 sites on each of the shorelines of the Atlantic

and Pacific coasts;

‘‘(ii) 2 sites on the shoreline of the Great Lakes;

and

‘‘(iii) 1 site on the shoreline of the Gulf of Mexico.

‘‘(4) DETERMINATION OF FEASIBILITY.—Implementation of

a project under this section is contingent upon a determination

by the Secretary that such project is feasible.

‘‘(c) CONSULTATION.—

‘‘(1) PARTIES.—The Secretary shall carry out the erosion

control program in consultation with—

‘‘(A) the Secretary of Agriculture, particularly with

respect to vegetative means of preventing and controlling

shoreline erosion;

‘‘(B) Federal, State, and local agencies;

‘‘(C) private organizations;

‘‘(D) the Coastal Engineering Research Center established under the 1st section of the Act entitled ‘An Act

to make certain changes in the functions of the Beach

Erosion Board and the Board of Engineers for Rivers and

Harbors, and for other purposes’, approved November 7,

1963 (33 U.S.C. 426–1); and

‘‘(E) university research facilities.

‘‘(2) AGREEMENTS.—The consultation described in paragraph (1) may include entering into agreements with other

Federal, State, or local agencies or private organizations to

carry out functions described in subsection (b)(1) when appropriate.

‘‘(d) REPORT.—Not later than 60 days after the conclusion of

the erosion control program, the Secretary shall prepare and submit

an erosion control program final report to the Committee on

Environment and Public Works of the Senate and the Committee

on Transportation and Infrastructure of the House of Representatives. The report shall include a comprehensive evaluation of the

erosion control program and recommendations regarding the

continuation of the erosion control program.

‘‘(e) FUNDING.—

‘‘(1) RESPONSIBILITY.—The cost of and responsibility for

operation and maintenance (excluding monitoring) of a demonstration project under the erosion control program shall be

borne by non-Federal interests on completion of construction

of the demonstration project.

‘‘(2) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated $21,000,000 to carry out this section.

‘‘SEC. 6. DEFINITIONS.

‘‘In this Act, the following definitions apply:

‘‘(1) EROSION CONTROL PROGRAM.—The term ‘erosion control

program’ means the national shoreline erosion control development and demonstration program established under this section.

‘‘(2) SECRETARY.—The term ‘Secretary’ means the Secretary

of the Army.

33 USC 426h–1.
PUBLIC LAW 104–303—OCT. 12, 1996 110 STAT. 3703

‘‘(3) SEPARABLE ELEMENT.—The term ‘separable element’

has the meaning provided by section 103(f) of the Water

Resources Development Act of 1986 (33 U.S.C. 2213(f)).

‘‘(4) SHORE.—The term ‘shore’ includes each shoreline of

the Atlantic and Pacific Oceans, the Gulf of Mexico, the Great

Lakes, and lakes, estuaries, and bays directly connected therewith.

‘‘(5) SHORE PROTECTION PROJECT.—The term ‘shore protection project’ includes a project for beach nourishment, including

the replacement of sand.’’.

(2) CONFORMING AMENDMENTS.—The Act entitled ‘‘An Act

authorizing Federal participation in the cost of protecting the

shores of publicly owned property’’, approved August 13, 1946,

is amended—

(A) in subsection (b)(3) of the 1st section (33 U.S.C.

426e(b)(3))—

(i) by striking ‘‘of the Army, acting through the

Chief of Engineers,’’; and

(ii) by striking the final period;

(B) in subsection (e) of the 1st section by striking

‘‘section 3’’ and inserting ‘‘section 3 or 5’’; and

(C) in section 3 (33 U.S.C. 426g) by striking ‘‘Secretary

of the Army’’ and inserting ‘‘Secretary’’.

(f) OBJECTIVES OF PROJECTS.—Section 209 of the Flood Control

Act of 1970 (42 U.S.C. 1962–2; 84 Stat. 1829) is amended by

inserting ‘‘(including shore protection projects such as projects for

beach nourishment, including the replacement of sand)’’ after ‘‘water

resource projects’’.

SEC. 228. CONDITIONS FOR PROJECT DEAUTHORIZATIONS.

(a) IN GENERAL.—Section 1001(b)(2) of the Water Resources

Development Act of 1986 (33 U.S.C. 579a(b)(2); 100 Stat. 4201)

is amended—

(1) in the 1st sentence by striking ‘‘10’’ and inserting ‘‘7’’;

(2) in the 2d sentence by striking ‘‘Before’’ and inserting

‘‘Upon’’; and

(3) in the last sentence by inserting ‘‘the planning, design,

or’’ before ‘‘construction’’.

(b) CONFORMING AMENDMENTS.—Section 52 of the Water

Resources Development Act of 1988 (102 Stat. 4044) is amended—

(1) by striking subsection (a) (33 U.S.C. 579a note);

(2) by redesignating subsections (b) through (e) as subsections (a) through (d), respectively; and

(3) in subsection (d) (as so redesignated) by striking ‘‘or

subsection (a) of this section’’.

SEC. 229. SUPPORT OF ARMY CIVIL WORKS PROGRAM.

(a) GENERAL AUTHORITY.—In carrying out research and development in support of the civil works program of the Department

of the Army, the Secretary may utilize contracts, cooperative

research and development agreements, cooperative agreements, and

grants with non-Federal entities, including State and local governments, colleges and universities, consortia, professional and technical societies, public and private scientific and technical foundations, research institutions, educational organizations, and nonprofit

organizations.

(b) COMMERCIAL APPLICATION.—With respect to contracts for

research and development, the Secretary may include requirements

33 USC 2313b.
110 STAT. 3704 PUBLIC LAW 104–303—OCT. 12, 1996

that have potential commercial application and may use such potential application as an evaluation factor where appropriate.

SEC. 230. BENEFITS TO NAVIGATION.

In evaluating potential improvements to navigation and the

maintenance of navigation projects, the Secretary shall consider,

and include for purposes of project justification, economic benefits

generated by cruise ships as commercial navigation benefits.

SEC. 231. LOSS OF LIFE PREVENTION.

Section 904 of the Water Resources Development Act of 1986

(33 U.S.C. 2281; 100 Stat. 4185) is amended by inserting ‘‘and

information regarding potential loss of human life that may be

associated with flooding and coastal storm events,’’ after

‘‘unquantifiable,’’.

SEC. 232. SCENIC AND AESTHETIC CONSIDERATIONS.

In conducting studies of potential water resources projects,

the Secretary shall consider measures to preserve and enhance

scenic and aesthetic qualities in the vicinity of such projects.

SEC. 233. TERMINATION OF TECHNICAL ADVISORY COMMITTEE.

Section 310 of the Water Resources Development Act of 1990

(33 U.S.C. 2319; 104 Stat. 4639) is amended—

(1) by striking subsection (a); and

(2) in subsection (b)—

(A) by striking ‘‘(b) PUBLIC PARTICIPATION.—’’; and

(B) by striking ‘‘subsection’’ each place it appears and

inserting ‘‘section’’.

SEC. 234. INTERAGENCY AND INTERNATIONAL SUPPORT AUTHORITY.

(a) IN GENERAL.—The Secretary may engage in activities in

support of other Federal agencies or international organizations

to address problems of national significance to the United States.

(b) CONSULTATION.—The Secretary may engage in activities

in support of international organizations only after consulting with

the Secretary of State.

(c) USE OF CORPS’ EXPERTISE.—The Secretary may use the

technical and managerial expertise of the Corps of Engineers to

address domestic and international problems related to water

resources, infrastructure development, and environmental protection.

(d) FUNDING.—There is authorized to be appropriated

$1,000,000 to carry out this section. The Secretary may accept

and expend additional funds from other Federal agencies or international organizations to carry this section.

SEC. 235. SENSE OF CONGRESS; REQUIREMENT REGARDING NOTICE.

(a) PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS.—It is the sense of Congress that, to the greatest extent

practicable, all equipment and products purchased with funds made

available under this Act should be American-made.

(b) NOTICE TO RECIPIENTS OF ASSISTANCE.—In providing financial assistance under this Act, the Secretary, to the greatest extent

practicable, shall provide to each recipient of the assistance a notice

describing the statement made in subsection (a).

33 USC 2201

note.

33 USC 2323a.

33 USC 2284b.

33 USC 2284a.
PUBLIC LAW 104–303—OCT. 12, 1996 110 STAT. 3705

SEC. 236. TECHNICAL CORRECTIONS.

(a) CONTRIBUTIONS FOR ENVIRONMENTAL AND RECREATION

PROJECTS.—Section 203(b) of the Water Resources Development

Act of 1992 (33 U.S.C. 2325(b); 106 Stat. 4826) is amended by

striking ‘‘(8662)’’ and inserting ‘‘(8862)’’.

(b) CHALLENGE COST-SHARING PROGRAM.—The 2d sentence of

section 225(c) of such Act (33 U.S.C. 2328(c); 106 Stat. 4838) is

amended by striking ‘‘(8662)’’ and inserting ‘‘(8862)’’.

SEC. 237. HOPPER DREDGES.

Section 3 of the Act of August 11, 1888 (33 U.S.C. 622; 25

Stat. 423), is amended by adding at the end the following:

‘‘(c) PROGRAM TO INCREASE USE OF PRIVATE HOPPER

DREDGES.—

‘‘(1) INITIATION.—The Secretary shall initiate a program

to increase the use of private-industry hopper dredges for the

construction and maintenance of Federal navigation channels.

‘‘(2) READY RESERVE STATUS FOR HOPPER DREDGE

WHEELER.—In order to carry out this subsection, the Secretary

shall place the Federal hopper dredge Wheeler in a ready

reserve status not later than the earlier of 90 days after the

date of completion of the rehabilitation of the hopper dredge

McFarland pursuant to section 563 of the Water Resources

Development Act of 1996 or October 1, 1997.

‘‘(3) TESTING AND USE OF READY RESERVE HOPPER DREDGE.—

The Secretary may periodically perform routine tests of the

equipment of the vessel placed in a ready reserve status under

paragraph (2) to ensure the vessel’s ability to perform emergency work. The Secretary shall not assign any scheduled hopper dredging work to such vessel but shall perform any repairs

needed to maintain the vessel in a fully operational condition.

The Secretary may place the vessel in active status in order

to perform any dredging work only if the Secretary determines

that private industry has failed to submit a responsive and

responsible bid for work advertised by the Secretary or to

carry out the project as required pursuant to a contract with

the Secretary.

‘‘(4) REPAIR AND REHABILITATION.—The Secretary may

undertake any repair and rehabilitation of any Federal hopper

dredge, including the vessel placed in ready reserve status

under paragraph (2) to allow the vessel to be placed in active

status as provided in paragraph (3).

‘‘(5) PROCEDURES.—The Secretary shall develop and implement procedures to ensure that, to the maximum extent practicable, private industry hopper dredge capacity is available

to meet both routine and time-sensitive dredging needs. Such

procedures shall include—

‘‘(A) scheduling of contract solicitations to effectively

distribute dredging work throughout the dredging season;

and

‘‘(B) use of expedited contracting procedures to allow

dredges performing routine work to be made available to

meet time-sensitive, urgent, or emergency dredging needs.

‘‘(6) REPORT.—Not later than 2 years after the date of

the enactment of this subsection, the Secretary shall report

to Congress on whether the vessel placed in ready reserve

status under paragraph (2) is needed to be returned to active
110 STAT. 3706 PUBLIC LAW 104–303—OCT. 12, 1996

status or continued in a ready reserve status or whether

another Federal hopper dredge should be placed in a ready

reserve status.

‘‘(7) LIMITATIONS.— ‘‘(A) REDUCTIONS IN STATUS.—The Secretary may not

further reduce the readiness status of any Federal hopper

dredge below a ready reserve status except any vessel

placed in such status for not less than 5 years that the

Secretary determines has not been used sufficiently to justify retaining the vessel in such status.

‘‘(B) INCREASE IN ASSIGNMENTS OF DREDGING WORK.— For each fiscal year beginning after the date of the enactment of this subsection, the Secretary shall not assign

any greater quantity of dredging work to any Federal hopper dredge in active status than was assigned to that

vessel in the average of the 3 prior fiscal years.

‘‘(C) REMAINING DREDGES.—In carrying out the program under this section, the Secretary shall not reduce

the availability and utilization of Federal hopper dredge

vessels stationed on the Pacific and Atlantic coasts below

that which occurred in fiscal year 1996 to meet the navigation dredging needs of the ports on those coasts.

‘‘(8) CONTRACTS; PAYMENT OF CAPITAL COSTS.—The Secretary may enter into a contract for the maintenance and

crewing of any Federal hopper dredge retained in a ready

reserve status. The capital costs (including depreciation costs)

of any dredge retained in such status shall be paid for out

of funds made available from the Harbor Maintenance Trust

Fund and shall not be charged against the Corps of Engineers’

Revolving Fund Account or any individual project cost unless

the dredge is specifically used in connection with that project.’’.

TITLE III—PROJECT-RELATED

PROVISIONS

SEC. 301. PROJECT MODIFICATIONS.

(a) PROJECTS WITH REPORTS.— (1) SAN FRANCISCO RIVER AT CLIFTON, ARIZONA.—The project

for flood control, San Francisco River at Clifton, Arizona,

authorized by section 101(a)(3) of the Water Resources Development Act of 1990 (104 Stat. 4606), is modified to authorize

the Secretary to construct the project substantially in accordance with the report of the Corps of Engineers dated May

28, 1996, at a total cost of $21,100,000, with an estimated

Federal cost of $13,800,000 and an estimated non-Federal cost

of $7,300,000.

(2) OAKLAND HARBOR, CALIFORNIA.—The projects for navigation, Oakland Outer Harbor, California, and Oakland Inner

Harbor, California, authorized by section 202 of the Water

Resources Development Act of 1986 (100 Stat. 4092), are modified to direct the Secretary—

(A) to combine the 2 projects into 1 project, to be

designated as the Oakland Harbor, California, project; and

(B) to carry out the combined project substantially

in accordance with the plans and subject to the conditions

recommended in the report of the Corps of Engineers dated
PUBLIC LAW 104–303—OCT. 12, 1996 110 STAT. 3707

July 15, 1994, at a total cost of $90,850,000, with an

estimated Federal cost of $59,150,000 and an estimated

non-Federal cost of $31,700,000.

The non-Federal share of project costs and any available credits

toward the non-Federal share shall be calculated on the basis

of the total cost of the combined project.

(3) SAN LUIS REY, CALIFORNIA.—The project for flood control

of the San Luis Rey River, California, authorized pursuant

to section 201 of the Flood Control Act of 1965 (42 U.S.C.

1962d–5; 79 Stat. 1073–1074), is modified to authorize the

Secretary to construct the project substantially in accordance

with the report of the Corps of Engineers dated May 23, 1996,

at a total cost of $81,600,000, with an estimated Federal cost

of $61,100,000 and an estimated non-Federal cost of

$20,500,000.

(4) POTOMAC RIVER, WASHINGTON, DISTRICT OF COLUMBIA.—

The project for flood control, Potomac River, Washington, District of Columbia, 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 for other purposes’’,

approved June 22, 1936 (49 Stat. 1574), is modified to authorize

the Secretary to construct the project substantially in accordance with the General Design Memorandum dated May 1992

at a Federal cost of $1,800,000; except that a temporary closure

may be used instead of a permanent structure at 17th Street.

Operation and maintenance of the project shall be a Federal

responsibility.

(5) NORTH BRANCH OF CHICAGO RIVER, ILLINOIS.—The

project for flood control, North Branch of the Chicago River,

Illinois, authorized by section 401(a) of the Water Resources

Development Act of 1986 (100 Stat. 4115), is modified to authorize the Secretary—

(A) to carry out the project substantially in accordance

with the report of the Corps of Engineers dated May 26,

1994, at a total cost of $34,228,000, with an estimated

Federal cost of $20,905,000 and an estimated non-Federal

cost of $13,323,000; and

(B) to reimburse the city of Deerfield, Illinois, an

amount not to exceed $38,500 for a flood control study

financed by the city if the Secretary determines that the

study is necessary to address residual damages in areas

upstream of Reservoir 29A.

(6) HALSTEAD, KANSAS.—The project for flood control,

Halstead, Kansas, authorized by section 401(a) of the Water

Resources Development Act of 1986 (100 Stat. 4116), is modified

to authorize the Secretary to carry out the project substantially

in accordance with the report of the Corps of Engineers dated

March 19, 1993, at a total cost of $11,100,000, with an estimated Federal cost of $8,325,000 and an estimated non-Federal

cost of $2,775,000.

(7) CAPE GIRARDEAU, MISSOURI.—The project for flood control, Cape Girardeau, Jackson Metropolitan Area, Missouri,

authorized by section 401(a) of the Water Resources Development Act of 1986 (100 Stat. 4118–4119), is modified to authorize

the Secretary to construct the project substantially in accordance with the report of the Corps of Engineers dated July

18, 1994, including implementation of nonstructural measures,
110 STAT. 3708 PUBLIC LAW 104–303—OCT. 12, 1996

at a total cost of $45,414,000, with an estimated Federal cost

of $33,030,000 and an estimated non-Federal cost of

$12,384,000.

(8) MOLLY ANN’S BROOK, NEW JERSEY.—The project for flood

control, Molly Ann’s Brook, New Jersey, authorized by section

401(a) of the Water Resources Development Act of 1986 (100

Stat. 4119), is modified to authorize the Secretary to carry

out the project substantially in accordance with the report

of the Corps of Engineers dated April 3, 1996, at a total cost

of $40,100,000, with an estimated Federal cost of $22,600,000

and an estimated non-Federal cost of $17,500,000.

(9) RAMAPO RIVER AT OAKLAND, NEW JERSEY.—The project

for flood control, Ramapo River at Oakland, New Jersey, authorized by section 401(a) of the Water Resources Development

Act of 1986 (100 Stat. 4120), is modified to authorize the

Secretary to carry out the project substantially in accordance

with the report of the Corps of Engineers dated May 1994,

at a total cost of $11,300,000, with an estimated Federal cost

of $8,500,000 and an estimated non-Federal cost of $2,800,000.

(10) WILMINGTON HARBOR-NORTHEAST CAPE FEAR RIVER,

NORTH CAROLINA.—The project for navigation, Wilmington Harbor-Northeast Cape Fear River, North Carolina, authorized

by section 202(a) of the Water Resources Development Act

of 1986 (100 Stat. 4095), is modified to authorize the Secretary

to construct the project substantially in accordance with the

General Design Memorandum dated April 1990 and the General

Design Memorandum Supplement dated February 1994, at a

total cost of $52,041,000, with an estimated Federal cost of

$25,729,000 and an estimated non-Federal cost of $26,312,000.

(11) SAW MILL RUN, PENNSYLVANIA.—The project for flood

control, Saw Mill Run, Pittsburgh, Pennsylvania, authorized

by section 401(a) of the Water Resources Development Act

of 1986 (100 Stat. 4124), is modified to authorize the Secretary

to carry out the project substantially in accordance with the

report of the Corps of Engineers dated April 8, 1994, at a

total cost of $12,780,000, with an estimated Federal cost of

$9,585,000 and an estimated non-Federal cost of $3,195,000.

(12) SAN JUAN HARBOR, PUERTO RICO.—The project for

navigation, San Juan Harbor, Puerto Rico, authorized by section

202(a) of the Water Resources Development Act of 1986 (100

Stat. 4097), is modified to authorize the Secretary to deepen

the bar channel to depths varying from 49 feet to 56 feet

below mean low water with other modifications to authorized

interior channels as described in the General Reevaluation

Report and Environmental Assessment dated March 1994, at

a total cost of $45,085,000, with an estimated Federal cost

of $28,244,000 and an estimated non-Federal cost of

$16,841,000.

(13) INDIA POINT RAILROAD BRIDGE, SEEKONK RIVER, PROVIDENCE, RHODE ISLAND.—The project for navigation, India Point

Railroad Bridge, Seekonk River, Providence, Rhode Island,

authorized by section 1166(c) of the Water Resources Development Act of 1986 (100 Stat. 4258), is modified to authorize

the Secretary to construct the project substantially in accordance with the Post Authorization Change Report dated August

1994 at a total cost of $1,300,000, with an estimated Federal

cost of $650,000 and an estimated non-Federal cost of $650,000.
PUBLIC LAW 104–303—OCT. 12, 1996 110 STAT. 3709

(14) UPPER JORDAN RIVER, UTAH.—The project for flood

control, Upper Jordan River, Utah, authorized by section

101(a)(23) of the Water Resources Development Act of 1990

(104 Stat. 4610), is modified to authorize the Secretary to

carry out the project substantially in accordance with the General Design Memorandum for the project dated March 1994,

and the Post Authorization Change Report for the project dated

April 1994, at a total cost of $12,870,000, with an estimated

Federal cost of $8,580,000 and an estimated non-Federal cost

of $4,290,000.

(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

report by the Corps of Engineers finding that such work is technically sound, environmentally acceptable, and economic, as

applicable:

(1) ALAMO DAM, ARIZONA.—The project for flood control

and other purposes, Alamo Dam and Lake, Arizona, authorized

by section 10 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. 900), is modified to authorize the Secretary

to operate the Alamo Dam to provide fish and wildlife benefits

both upstream and downstream of the Dam. Such operation

shall not reduce flood control and recreation benefits provided

by the project.

(2) PHOENIX, ARIZONA.—The project for flood control and

water quality improvement, Phoenix, Arizona, authorized by

section 321 of the Water Resources Development Act of 1992

(106 Stat. 4848), is modified—

(A) to make ecosystem restoration a project purpose;

and

(B) to authorize the Secretary to construct the project

at a total cost of $17,500,000.

(3) 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), is further modified to authorize the Secretary to carry

out the portion of the project at Glenn-Colusa, California, at

a total cost of $14,200,000.

(4) TYBEE ISLAND, GEORGIA.—The project for beach erosion

control, Tybee Island, Georgia, authorized pursuant to section

201 of the Flood Control Act of 1968 (42 U.S.C. 1962d–5;

79 Stat. 1073–1074), is modified to include as an integral part

of the project the portion of Tybee Island located south of

the existing south terminal groin between 18th and 19th

Streets, including the east bank of Tybee Creek up to Horse

Pen Creek.

(5) COMITE RIVER, LOUISIANA.—The Comite River Diversion

project for flood control, authorized as part of the project for

flood control, Amite River and Tributaries, Louisiana, by section

101(11) of the Water Resources Development Act of 1992 (106

Stat. 4802–4803), is modified to authorize the Secretary to
110 STAT. 3710 PUBLIC LAW 104–303—OCT. 12, 1996

construct the project at a total cost of $121,600,000, with an

estimated Federal cost of $70,577,000 and an estimated nonFederal cost of $51,023,000.

(6) GRAND ISLE AND VICINITY, LOUISIANA.—The project for

hurricane damage prevention, flood control, and beach erosion

along Grand Isle and Vicinity, Louisiana, authorized by section

204 of the Flood Control Act of 1965 (79 Stat. 1077), is modified

to authorize the Secretary to construct a permanent breakwater

and levee system at a total cost of $17,000,000.

(7) RED RIVER WATERWAY, LOUISIANA.—The project for mitigation of fish and wildlife losses, Red River Waterway,

Louisiana, authorized by section 601(a) of the Water Resources

Development Act of 1986 (100 Stat. 4142) and modified by

section 102(p) of the Water Resources Development Act of 1990

(104 Stat. 4613), is further modified—

(A) to authorize the Secretary to carry out the project

at a total cost of $10,500,000; and

(B) to provide that lands that are purchased adjacent

to the Loggy Bayou Wildlife Management Area may be

located in Caddo Parish or Red River Parish.

(8) RED RIVER WATERWAY, MISSISSIPPI RIVER TO SHREVEPORT, LOUISIANA.—The project for navigation, Red River Waterway, Mississippi River to Shreveport, Louisiana, authorized

by section 101 of the River and Harbor Act of 1968 (82 Stat.

731), is modified to require the Secretary to dredge and perform

other related work as required to reestablish and maintain

access to, and the environmental value of, the bendway channels designated for preservation in project documentation prepared before the date of the enactment of this Act. The work

shall be carried out in accordance with the local cooperation

requirements for other navigation features of the project.

(9) STILLWATER, MINNESOTA.—The project for flood control,

Stillwater, Minnesota, authorized by section 363 of the Water

Resources Development Act of 1992 (106 Stat. 4861–4862),

is modified—

(A) to authorize the Secretary to expand the flood

wall system if the Secretary determines that the expansion

is feasible; and

(B) to authorize the Secretary to construct the project

at a total cost of $11,600,000, with an estimated Federal

cost of $8,700,000 and an estimated non-Federal cost of

$2,900,000.

(10) JOSEPH G. MINISH PASSAIC RIVER PARK, NEW JERSEY.—

The streambank restoration element of the project for flood

control, Passaic River Main Stem, New Jersey and New York,

authorized by section 101(a)(18)(B) of the Water Resources

Development Act of 1990 (104 Stat. 4608) and known as the

‘‘Joseph G. Minish Passaic River Waterfront Park and Historic

Area, New Jersey’’, is modified—

(A) to authorize the Secretary to construct such element at a total cost of $75,000,000;

(B) to provide that construction of such element may

be undertaken before implementation of the remainder of

the Passaic River Main Stem project; and

(C) to provide that such element shall be treated, for

the purpose of economic analysis, as an integral part of
PUBLIC LAW 104–303—OCT. 12, 1996 110 STAT. 3711

the Passaic River Main Stem project and shall be completed

in the initial phase of the Passaic River Main Stem project.

(11) ARTHUR KILL, NEW YORK AND NEW JERSEY.—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), is modified to authorize the

Secretary to carry out the project to a depth of not to exceed

45 feet, at a total cost of $83,000,000.

(12) KILL VAN KULL, NEW YORK AND NEW JERSEY.—

(A) COST INCREASE.—The project for navigation, Kill

Van Kull, New York and New Jersey, authorized by section

202(a) of the Water Resources Development Act of 1986

(100 Stat. 4095), is modified to authorize the Secretary

to carry out the project at a total cost of $750,000,000.

(B) CONTINUATION OF ENGINEERING AND DESIGN.—The

Secretary shall continue engineering and design in order

to complete the navigation project at Kill Van Kull and

Newark Bay Channels, New York and New Jersey, authorized by chapter IV of title I of the Supplemental Appropriations Act, 1985 (99 Stat. 313) and section 202(a) of the

Water Resources Development Act of 1986 (100 Stat. 4095).

SEC. 302. MOBILE HARBOR, ALABAMA.

The undesignated paragraph under the heading ‘‘MOBILE HARBOR, ALABAMA’’ in section 201(a) of the Water Resources Development Act of 1986 (100 Stat. 4090) is amended by striking the

1st semicolon and all that follows and inserting a period and the

following: ‘‘In disposing of dredged material from such project, the

Secretary, after compliance with applicable laws and after opportunity for public review and comment, may consider alternatives

to disposal of such material in the Gulf of Mexico, including environmentally acceptable alternatives for beneficial uses of dredged material and environmental restoration.’’.

SEC. 303. NOGALES WASH AND TRIBUTARIES, ARIZONA.

The project for flood control, Nogales Wash and tributaries,

Arizona, authorized by section 101(a)(4) of the Water Resources

Development Act of 1990 (104 Stat. 4606), is modified to direct

the Secretary to permit the non-Federal contribution for the project

to be determined in accordance with subsections (k) and (m) of

section 103 of the Water Resources Development Act of 1986 (33

U.S.C. 2213) and to direct the Secretary to enter into negotiations

with non-Federal interests pursuant to section 103(l) of such Act

concerning the timing of the initial payment of the non-Federal

contribution.

SEC. 304. WHITE RIVER BASIN, ARKANSAS AND MISSOURI.

The project for flood control and power generation at White

River Basin, Arkansas and Missouri, authorized by section 4 of

the Act entitled ‘‘An Act authorizing the construction of certain

public works on rivers and harbors for flood control, and for other

purposes’’, approved June 28, 1938 (52 Stat. 1218), shall include

recreation and fish and wildlife mitigation as purposes of the

project, to the extent that the additional purposes do not adversely

affect flood control, power generation, or other authorized purposes

of the project.
110 STAT. 3712 PUBLIC LAW 104–303—OCT. 12, 1996

SEC. 305. CHANNEL ISLANDS HARBOR, CALIFORNIA.

The project for navigation and shore protection, Channel

Islands Harbor, Port of Hueneme, California, authorized by section

101 of the River and Harbor Act of 1954 (68 Stat. 1252), is modified

to authorize biennial dredging and sand bypassing at an annual

downcoast replenishment rate to establish and maintain a littoral

sediment balance which is estimated at 1,254,000 cubic yards per

year. The cost of such dredging and sand bypassing shall be 100

percent Federal as long as Federal ownership of the entrance channel and jetties of the Port of Hueneme necessitates restoration

and maintenance of the downcoast shoreline.

SEC. 306. LAKE ELSINORE, CALIFORNIA.

(a) MAXIMUM FEDERAL EXPENDITURE.—The maximum amount

of Federal funds that may be expended for the project for flood

control, Lake Elsinore, Riverside County, California, shall be

$7,500,000.

(b) REVISION OF PROJECT COOPERATION AGREEMENT.—The Secretary shall revise the project cooperation agreement for the project

referred to in subsection (a) to take into account the change in

the Federal participation in such project pursuant to subsection

(a).

(c) COST SHARING.—Nothing in this section shall be construed

to affect any cost-sharing requirement applicable to the project

referred to in subsection (a) under the Water Resources Development Act of 1986.

(d) STUDY.—Not later than 18 months after the date of the

enactment of this Act, the Secretary shall—

(1) conduct a study of the advisability of modifying, for

the purpose of flood control pursuant to section 205 of the

Flood Control Act of 1948 (33 U.S.C. 701s), the project for

flood control, Lake Elsinore, Riverside County, California, to

permit water conservation storage up to an elevation of 1,249

feet above mean sea level; and

(2) report to Congress on the study, including making recommendations concerning the advisability of so modifying the

project.

SEC. 307. LOS ANGELES AND LONG BEACH HARBORS, SAN PEDRO BAY,

CALIFORNIA.

The project for navigation, Los Angeles and Long Beach Harbors, San Pedro Bay, California, authorized by section 201(a) of

the Water Resources Development Act of 1986 (100 Stat. 4091),

is modified to provide that, for the purpose of section 101(a)(2)

of such Act (33 U.S.C. 2211(a)(2)), the sewer outfall relocated over

a distance of 4,458 feet by the Port of Los Angeles at a cost

of approximately $12,000,000 shall be considered to be a relocation.

The cost of such relocation shall be credited as a payment provided

by the non-Federal interest.

SEC. 308. LOS ANGELES COUNTY DRAINAGE AREA, CALIFORNIA.

The non-Federal share for a project to add water conservation

to the existing Los Angeles County Drainage Area, California,

project, authorized by section 101(b) of the Water Resources Development Act of 1990 (104 Stat. 4611), shall be 100 percent of separable first costs and separable operation, maintenance, and

replacement costs associated with the water conservation purpose.

Reports.
PUBLIC LAW 104–303—OCT. 12, 1996 110 STAT. 3713

SEC. 309. PRADO DAM, CALIFORNIA.

(a) REVIEW.— (1) SEPARABLE ELEMENT DETERMINATION.—Not later than

6 months after the date of the enactment of this Act, the

Secretary shall review, in cooperation with the non-Federal

interest, the Prado Dam feature of the project for flood control,

Santa Ana River Mainstem, California, authorized by section

401(a) of the Water Resources Development Act of 1986 (100

Stat. 4113), with a view toward determining whether the feature may be considered a separable element (as defined in

section 103(f) of such Act (33 U.S.C. 2213(f))).

(2) MODIFICATION OF COST-SHARING REQUIREMENT.—If the

Prado Dam feature is determined to be a separable element

under this subsection, the Secretary shall reduce the non-Federal cost-sharing requirement for such feature in accordance

with section 103(a)(3) of such Act and shall enter into a project

cooperation agreement with the non-Federal interest to reflect

the modified cost-sharing requirement and to carry out

construction.

(b) SAFETY IMPROVEMENTS.—The Secretary, in coordination

with the State of California, shall provide technical assistance to

Orange County, California, in developing appropriate public safety

and access improvements associated with that portion of California

State Route 71 being relocated for the Prado Dam feature of the

project authorized as part of the project referred to in subsection

(a)(1).

SEC. 310. QUEENSWAY BAY, CALIFORNIA.

Section 4(e) of the Water Resources Development Act of 1988

(102 Stat. 4016) is amended by adding at the end the following:

‘‘In addition, the Secretary shall perform advance maintenance

dredging in the Queensway Bay Channel, California, at a total

cost of $5,000,000. The Secretary shall coordinate with Federal

and State agencies the establishment of suitable dredged material

disposal areas.’’.

SEC. 311. SEVEN OAKS DAM, CALIFORNIA.

The non-Federal share for a project to add water conservation

to the Seven Oaks Dam, authorized as part of the project for

flood control, Santa Ana River Mainstem, California, by section

401(a) of the Water Resources Development Act of 1986 (100 Stat.

4113), shall be 100 percent of separable first costs and separable

operation, maintenance, and replacement costs associated with the

water conservation purpose.

SEC. 312. THAMES RIVER, CONNECTICUT.

(a) MODIFICATION.—The project for navigation, Thames River,

Connecticut, authorized by the 1st section of the Act entitled ‘‘An

Act authorizing the construction, repair, and preservation of certain

public works on rivers and harbors, and for other purposes’’,

approved August 30, 1935 (49 Stat. 1029), is modified to reconfigure

the turning basin in accordance with the following alignment: Beginning at a point on the eastern limit of the existing project,

N251052.93, E783934.59, thence running north 5 degrees, 25 minutes, 21.3 seconds east 341.06 feet to a point, N251392.46,

E783966.82, thence running north 47 degrees, 24 minutes, 14.0

seconds west 268.72 feet to a point, N251574.34, E783769.00, thence

running north 88 degrees, 41 minutes, 52.2 seconds west 249.06
110 STAT. 3714 PUBLIC LAW 104–303—OCT. 12, 1996

feet to a point, N251580.00, E783520.00, thence running south

46 degrees, 16 minutes, 22.9 seconds west 318.28 feet to a point,

N251360.00, E783290.00, thence running south 19 degrees, 1

minute, 32.2 seconds east 306.76 feet to a point, N251070.00,

E783390.00, thence running south 45 degrees, 0 minutes, 0 seconds,

east 155.56 feet to a point, N250960.00, E783500.00 on the existing

western limit.

(b) PAYMENT FOR INITIAL DREDGING.—Any required initial

dredging of the widened portions identified in subsection (a) shall

be carried out at no cost to the Federal Government.

(c) DEAUTHORIZATION.—The portions of the turning basin that

are not included in the reconfigured turning basin described in

subsection (a) are not authorized after the date of the enactment

of this Act.

SEC. 313. CANAVERAL HARBOR, FLORIDA.

The project for navigation, Canaveral Harbor, Florida, authorized by section 101(7) of the Water Resources Development Act

of 1992 (106 Stat. 4802), is modified to authorize the Secretary

to reclassify the removal and replacement of stone protection on

both sides of the channel as general navigation features. The Secretary shall reimburse any costs that are incurred by the nonFederal sponsor in connection with the reclassified work and that

the Secretary determines to be in excess of the non-Federal share

of costs for general navigation features. The Federal and nonFederal shares of the cost of the reclassified work shall be determined in accordance with section 101 of the Water Resources Development Act of 1986 (33 U.S.C. 2211).

SEC. 314. CAPTIVA ISLAND, FLORIDA.

The project for shoreline protection, Captiva Island, Lee County,

Florida, authorized pursuant to section 201 of the Flood Control

Act of 1965 (42 U.S.C. 1962d–5; 79 Stat. 1073), is modified to

direct the Secretary to reimburse the non-Federal interest for beach

nourishment work carried out by such interest as if such work

occurred after execution of the agreement entered into pursuant

to section 215 of the Flood Control Act of 1968 (42 U.S.C. 1962d–

5a) with respect to such project if the Secretary determines that

such work is compatible with the project.

SEC. 315. CENTRAL AND SOUTHERN FLORIDA, CANAL 51.

The project for flood protection of West Palm Beach, Florida

(C–51), authorized by section 203 of the Flood Control Act of 1962

(76 Stat. 1183), is modified to provide for the construction of an

enlarged stormwater detention area, Storm Water Treatment Area

1 East, generally in accordance with the plan of improvements

described in the February 15, 1994, report entitled ‘‘Everglades

Protection Project, Palm Beach County, Florida, Conceptual

Design’’, with such modifications as are approved by the Secretary.

The additional work authorized by this section shall be accomplished at Federal expense. Operation and maintenance of the

stormwater detention area shall be consistent with regulations prescribed by the Secretary for the Central and Southern Florida

project, and all costs of such operation and maintenance shall

be provided by non-Federal interests.
PUBLIC LAW 104–303—OCT. 12, 1996 110 STAT. 3715

SEC. 316. CENTRAL AND SOUTHERN FLORIDA, CANAL 111.

(a) IN GENERAL.—The project for Central and Southern Florida,

authorized by section 203 of the Flood Control Act of 1948 (62

Stat. 1176) and modified by section 203 of the Flood Control Act

of 1968 (82 Stat. 740–741), is modified to authorize the Secretary

to implement the recommended plan of improvement contained

in a report entitled ‘‘Central and Southern Florida Project, Final

Integrated General Reevaluation Report and Environmental Impact

Statement, Canal 111 (C–111), South Dade County, Florida’’, dated

May 1994, including acquisition by non-Federal interests of such

portions of the Frog Pond and Rocky Glades areas as are needed

for the project.

(b) COST SHARING.— (1) FEDERAL SHARE.—The Federal share of the cost of

implementing the plan of improvement shall be 50 percent.

(2) SECRETARY OF INTERIOR RESPONSIBILITY.—The Secretary

of the Interior shall pay 25 percent of the cost of acquiring

such portions of the Frog Pond and Rocky Glades areas as

are needed for the project. The amount paid by the Secretary

of the Interior shall be included as part of the Federal share

of the cost of implementing the plan.

(3) OPERATION AND MAINTENANCE.—The non-Federal share

of operation and maintenance costs of the improvements undertaken pursuant to this section shall be 100 percent; except

that the Federal Government shall reimburse the non-Federal

interest with respect to the project 60 percent of the costs

of operating and maintaining pump stations that pump water

into Taylor Slough in the Everglades National Park.

SEC. 317. JACKSONVILLE HARBOR (MILL COVE), FLORIDA.

The project for navigation, Jacksonville Harbor (Mill Cove),

Florida, authorized by section 601(a) of the Water Resources Development Act of 1986 (100 Stat. 4139–4140), is modified to direct

the Secretary to carry out a project for mitigation consisting of

measures for flow and circulation improvement within Mill Cove,

at an estimated total Federal cost of $2,000,000.

SEC. 318. PANAMA CITY BEACHES, FLORIDA.

(a) IN GENERAL.—The project for shoreline protection, Panama

City Beaches, Florida, authorized by section 501(a) of the Water

Resources Development Act of 1986 (100 Stat. 4133), is modified

to direct the Secretary to enter into an agreement with the nonFederal interest for carrying out such project in accordance with

section 206 of the Water Resources Development Act of 1992 (33

U.S.C. 426i–1).

(b) REPORTS.—Not later than 6 months after the date of the

enactment of this Act, the Secretary shall transmit to Congress

a report on the progress made in carrying out this section and

a report on implementation of section 206 of the Water Resources

Development Act of 1992.

SEC. 319. CHICAGO, ILLINOIS.

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 limit the capacity

of the reservoir project to not to exceed 11,000,000,000 gallons

or 32,000 acre-feet, to provide that the reservoir project may not

be located north of 55th Street or west of East Avenue in the
110 STAT. 3716 PUBLIC LAW 104–303—OCT. 12, 1996

vicinity of McCook, Illinois, and to provide that the reservoir project

may be constructed only on the basis of a specific plan that has

been evaluated by the Secretary under the National Environmental

Policy Act of 1969 (42 U.S.C. 4321 et seq.).

SEC. 320. CHICAGO LOCK AND THOMAS J. O’BRIEN LOCK, ILLINOIS.

The project for navigation, Chicago Harbor, Lake Michigan,

Illinois, for which operation and maintenance responsibility was

transferred to the Secretary under chapter IV of title I of the

Supplemental Appropriations Act, 1983 (97 Stat. 311), and section

107 of the Energy and Water Development Appropriation Act, 1982

(95 Stat. 1137), is modified to direct the Secretary to conduct

a study to determine the feasibility of making such structural

repairs as are necessary to prevent leakage through the Chicago

Lock and the Thomas J. O’Brien Lock, Illinois, and to determine

the need for installing permanent flow measurement equipment

at such locks to measure any leakage. The Secretary may carry

out such repairs and installations as are necessary following completion of the study.

SEC. 321. KASKASKIA RIVER, ILLINOIS.

The project for navigation, Kaskaskia River, Illinois, authorized

by section 101 of the River and Harbor Act of 1962 (76 Stat.

1175), is modified to add fish and wildlife and habitat restoration

as project purposes.

SEC. 322. LOCKS AND DAM 26, ALTON, ILLINOIS AND MISSOURI.

Section 102(l) of the Water Resources Development Act of 1990

(104 Stat. 4613) is amended—

(1) by striking ‘‘, that requires no separable project lands

and’’ and inserting ‘‘on project lands and other contiguous nonproject lands, including those lands referred to as the Alton

Commons. The recreational development’’;

(2) by inserting ‘‘shall be’’ before ‘‘at a Federal construction’’;

and

(3) by striking ‘‘. The recreational development’’ and inserting ‘‘, and’’.

SEC. 323. 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), is modified to authorize the Secretary

to undertake riverfront alterations as described in the Central

Indianapolis Waterfront Concept Master Plan, dated February 1994,

at a total cost of $85,975,000, with an estimated Federal cost

of $39,975,000 and an estimated non-Federal cost of $46,000,000.

The cost of work, including relocations undertaken by the nonFederal interest after February 15, 1994, on features identified

in the Master Plan shall be credited toward the non-Federal share

of project costs.

SEC. 324. BAPTISTE COLLETTE BAYOU, LOUISIANA.

The project for navigation, Mississippi River Outlets, Venice,

Louisiana, authorized by section 101 of the River and Harbor Act

of 1968 (82 Stat. 731), is modified to provide for the extension

of the 16-foot deep (mean low gulf) by 250-foot wide Baptiste Collette
PUBLIC LAW 104–303—OCT. 12, 1996 110 STAT. 3717

Bayou entrance channel to approximately mile 8 of the Mississippi

River Gulf Outlet navigation channel at a total estimated Federal

cost of $80,000, including $4,000 for surveys and $76,000 for Coast

Guard aids to navigation.

SEC. 325. LAKE PONTCHARTRAIN, LOUISIANA.

The project for hurricane damage prevention and flood control,

Lake Pontchartrain, Louisiana, authorized by section 204 of the

Flood Control Act of 1965 (79 Stat. 1077), is modified to provide

that St. Bernard Parish, Louisiana, and the Lake Borgne Basin

Levee District, Louisiana, shall not be required to pay the unpaid

balance, including interest, of the non-Federal cost-share of the

project.

SEC. 326. MISSISSIPPI RIVER-GULF OUTLET, LOUISIANA.

Section 844 of the Water Resources Development Act of 1986

(100 Stat. 4177) is amended by adding at the end the following:

‘‘(c) COMMUNITY IMPACT MITIGATION PLAN.—Using funds made

available under subsection (a), the Secretary shall implement a

comprehensive community impact mitigation plan, as described in

the evaluation report of the New Orleans District Engineer dated

August 1995, that, to the maximum extent practicable, provides

for mitigation or compensation, or both, for the direct and indirect

social and cultural impacts that the project described in subsection

(a) will have on the affected areas referred to in subsection (b).’’.

SEC. 327. TOLCHESTER CHANNEL, 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—

(1) to expedite review of potential straightening of the

channel at the Tolchester Channel S-Turn; and

(2) if determined to be feasible and necessary for safe

and efficient navigation, to implement such straightening as

part of project maintenance.

SEC. 328. CROSS VILLAGE HARBOR, MICHIGAN.

(a) GENERAL RULE.—Notwithstanding section 1001 of the Water

Resources Development Act of 1986 (33 U.S.C. 579a), the project

for navigation, Cross Village Harbor, Michigan, authorized by section 101 of the River and Harbor Act of 1966 (80 Stat. 1405),

shall remain authorized to be carried out by the Secretary.

(b) LIMITATION.—The project described in subsection (a) shall

not be authorized for construction after the last day of the 5-

year period that begins on the date of the enactment of this Act

unless, during such period, funds have been obligated for the

construction (including planning and design) of the project.

SEC. 329. SAGINAW RIVER, MICHIGAN.

The project for flood protection, Saginaw River, Michigan,

authorized by section 203 of the Flood Control Act of 1958 (72

Stat. 311), is modified to include as part of the project the design

and construction of an inflatable dam on the Flint River, Michigan,

at a total cost of $500,000.

SEC. 330. SAULT SAINTE MARIE, CHIPPEWA COUNTY, MICHIGAN.

(a) IN GENERAL.—The project for navigation, Sault Sainte

Marie, Chippewa County, Michigan, authorized by section 1149
110 STAT. 3718 PUBLIC LAW 104–303—OCT. 12, 1996

of the Water Resources Development Act of 1986 (100 Stat. 4254–

4255), is modified as follows:

(1) PAYMENT OF NON-FEDERAL SHARE.—The non-Federal

share of the cost of the project shall be paid as follows:

(A) That portion of the non-Federal share that the

Secretary determines is attributable to use of the lock

by vessels calling at Canadian ports shall be paid by the

United States.

(B) The remaining portion of the non-Federal share

shall be paid by the Great Lakes States pursuant to an

agreement entered into by such States.

(2) PAYMENT TERM OF ADDITIONAL PERCENTAGE.—The

amount to be paid by non-Federal interests pursuant to section

101(a) of the Water Resources Development Act of 1986 (33

U.S.C. 2211(a)) and this subsection with respect to the project

may be paid over a period of 50 years or the expected life

of the project, whichever is shorter.

(b) GREAT LAKES STATES DEFINED.—In this section, the term

‘‘Great Lakes States’’ means the States of Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania, and Wisconsin.

SEC. 331. ST. JOHNS BAYOU AND NEW MADRID FLOODWAY, MISSOURI.

Notwithstanding any other provision of law, Federal assistance

made available under the rural enterprise zone program of the

Department of Agriculture may be used toward payment of the

non-Federal share of the costs of the project for flood control,

St. Johns Bayou and New Madrid Floodway, Missouri, authorized

by section 401(a) of the Water Resources Development Act of 1986

(100 Stat. 4118).

SEC. 332. LOST CREEK, COLUMBUS, NEBRASKA.

(a) MAXIMUM FEDERAL EXPENDITURE.—The maximum amount

of Federal funds that may be allotted for the project for flood

control, Lost Creek, Columbus, Nebraska, shall be $5,500,000.

(b) REVISION OF PROJECT COOPERATION AGREEMENT.—The Secretary shall revise the project cooperation agreement for the project

referred to in subsection (a) to take into account the change in

the Federal participation in such project pursuant to subsection

(a).

SEC. 333. PASSAIC RIVER, NEW JERSEY.

Section 1148 of the Water Resources Development Act of 1986

(100 Stat. 4254) is amended to read as follows:

‘‘SEC. 1148. PASSAIC RIVER BASIN.

‘‘(a) ACQUISITION OF LANDS.—The Secretary may acquire from

willing sellers lands on which residential structures are located

and that are subject to frequent and recurring flood damage, as

identified in the supplemental floodway report of the Corps of

Engineers, Passaic River Buyout Study, September 1995, at an

estimated total cost of $194,000,000.

‘‘(b) RETENTION OF LANDS FOR FLOOD PROTECTION.—Lands

acquired by the Secretary under this section shall be retained

by the Secretary for future use in conjunction with flood protection

and flood management in the Passaic River Basin.

‘‘(c) COST SHARING.—The non-Federal share of the cost of carrying out this section shall be 25 percent plus any amount that

might result from application of subsection (d).
PUBLIC LAW 104–303—OCT. 12, 1996 110 STAT. 3719

‘‘(d) APPLICABILITY OF BENEFIT-COST RATIO WAIVER AUTHOR- ITY.—In evaluating and implementing the project under this section,

the Secretary shall allow the non-Federal interest to participate

in the financing of the project in accordance with section 903(c),

to the extent that the Secretary’s evaluation indicates that applying

such section is necessary to implement the project.’’.

SEC. 334. ACEQUIAS IRRIGATION SYSTEM, NEW MEXICO.

The second sentence of section 1113(b) of the Water Resources

Development Act of 1986 (100 Stat. 4232) is amended by inserting

before the period at the end the following: ‘‘; except that the Federal

share of reconnaissance studies carried out by the Secretary under

this section shall be 100 percent’’.

SEC. 335. JONES INLET, NEW YORK.

The project for navigation, Jones Inlet, New York, authorized

by section 2 of the Act entitled ‘‘An Act authorizing the construction,

repair, and preservation of certain public works on rivers and

harbors, and for other purposes’’, approved March 2, 1945 (59

Stat. 13), is modified to direct the Secretary to place

uncontaminated dredged material on beach areas downdrift from

the federally maintained channel to the extent that such work

is necessary to mitigate the interruption of littoral system natural

processes caused by the jetty and continued dredging of the federally

maintained channel.

SEC. 336. BUFORD TRENTON IRRIGATION DISTRICT, NORTH DAKOTA.

(a) ACQUISITION OF EASEMENTS.—

(1) IN GENERAL.—The Secretary may acquire, from willing

sellers, permanent flowage and saturation easements over—

(A) the land in Williams County, North Dakota, extending from the riverward margin of the Buford Trenton

Irrigation District main canal to the north bank of the

Missouri River, beginning at the Buford Trenton Irrigation

District pumping station located in the NE1⁄4 of section

17, T–152–N, R–104–W, and continuing northeasterly

downstream to the land referred to as the East Bottom;

and

(B) any other land outside the boundaries of the land

described in subparagraph (A) within or contiguous to the

boundaries of the Buford Trenton Irrigation District that

has been affected by rising ground water and the risk

of surface flooding.

(2) SCOPE.—Any easements acquired by the Secretary

under paragraph (1) shall include the right, power, and privilege of the Federal Government to submerge, overflow, percolate, and saturate the surface and subsurface of the lands

and such other terms and conditions as the Secretary considers

appropriate.

(3) PAYMENT.—In acquiring easements under paragraph

(1), the Secretary shall pay an amount based on the unaffected

fee value of the lands to be acquired by the Federal Government. For the purpose of this paragraph, the unaffected fee

value of the lands is the value of the lands as if the lands

had not been affected by rising ground water and the risk

of surface flooding.

(b) CONVEYANCE OF DRAINAGE PUMPS.—The Secretary shall—
110 STAT. 3720 PUBLIC LAW 104–303—OCT. 12, 1996

(1) convey to the Buford Trenton Irrigation District all

right, title, and interest of the United States in the drainage

pumps located within the boundaries of the District; and (2) provide a lump-sum payment of $60,000 for power

requirements associated with the operation of the drainage

pumps.

(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated to carry out this section $34,000,000.

SEC. 337. RENO BEACH-HOWARDS FARM, OHIO.

The project for flood protection, Reno Beach-Howards Farm,

Ohio, authorized by section 203 of the Flood Control Act of 1948

(62 Stat. 1178), is modified to provide that the value of lands,

easements, rights-of-way, and disposal areas that are necessary

to carry out the project and are provided by the non-Federal interest

shall be determined on the basis of the appraisal performed by

the Corps of Engineers and dated April 4, 1985.

SEC. 338. BROKEN BOW LAKE, RED RIVER BASIN, OKLAHOMA.

The project for flood control and water supply, Broken Bow

Lake, Red River Basin, Oklahoma, authorized by section 203 of

the Flood Control Act of 1958 (72 Stat. 309) and modified by

section 203 of the Flood Control Act of 1962 (76 Stat. 1187) and

section 102(v) of the Water Resources Development Act of 1992

(106 Stat. 4808), is further modified to provide for the reallocation

of a sufficient quantity of water supply storage space in Broken

Bow Lake to support the Mountain Fork trout fishery. Releases

of water from Broken Bow Lake for the Mountain Fork trout fishery

as mitigation for the loss of fish and wildlife resources in the

Mountain Fork River shall be carried out at no expense to the

State of Oklahoma.

SEC. 339. WISTER LAKE PROJECT, LEFLORE COUNTY, OKLAHOMA.

The Secretary shall maintain a minimum conservation pool

level of 478 feet at the Wister Lake project in LeFlore County,

Oklahoma, authorized by section 4 of the Act entitled ‘‘An Act

authorizing the construction of certain public works on rivers and

harbors for flood control, and for other purposes’’, approved June

28, 1938 (52 Stat. 1218). Notwithstanding title I of the Water

Resources Development Act of 1986 (33 U.S.C. 2211 et seq.) or

any other provision of law, any increase in water supply yield

that results from the pool level of 478 feet shall be treated as

unallocated water supply until such time as a user enters into

a contract for the supply under such applicable laws concerning

cost-sharing as are in effect on the date of the contract.

SEC. 340. BONNEVILLE LOCK AND DAM, COLUMBIA RIVER, OREGON

AND WASHINGTON.

(a) IN GENERAL.—The project for Bonneville Lock and Dam,

Columbia River, Oregon and Washington, authorized by the Act

of August 20, 1937 (50 Stat. 731), and modified by section 83

of the Water Resources Development Act of 1974 (88 Stat. 35),

is further modified to authorize the Secretary to convey to the

city of North Bonneville, Washington, at no further cost to the

city, all right, title and interest of the United States in and to

the following:

(1) Any municipal facilities, utilities fixtures, and equipment for the relocated city, and any remaining lands designated
PUBLIC LAW 104–303—OCT. 12, 1996 110 STAT. 3721

as open spaces or municipal lots not previously conveyed to

the city, specifically, Lots M1 through M15, M16 (the ‘‘community center lot’’), M18, M19, M22, M24, S42 through S45, and

S52 through S60.

(2) The ‘‘school lot’’ described as Lot 2, block 5, on the

plat of relocated North Bonneville.

(3) Parcels 2 and C, but only upon the completion of any

environmental response actions required under applicable law.

(4) That portion of Parcel B lying south of the existing

city boundary, west of the sewage treatment plant, and north

of the drainage ditch that is located adjacent to the northerly

limit of the Hamilton Island landfill, if the Secretary determines, at the time of the proposed conveyance, that the Department of the Army has taken all action necessary to protect

human health and the environment.

(5) Such portions of Parcel H as can be conveyed without

a requirement for further investigation, inventory, or other

action by the Department of the Army under the National

Historic Preservation Act (16 U.S.C. 470 et seq.).

(6) Such easements as the Secretary considers necessary

for—

(A) sewer and water line crossings of relocated

Washington State Highway 14; and

(B) reasonable public access to the Columbia River

across those portions of Hamilton Island that remain under

the ownership of the United States.

(b) TIME PERIOD FOR CONVEYANCES.—The conveyances referred

to in subsections (a)(1), (a)(2), (a)(5), and (a)(6)(A) shall be completed

within 180 days after the United States receives the release referred

to in subsection (d). All other conveyances shall be completed expeditiously, subject to any conditions specified in the applicable subsection.

(c) PURPOSE.—The purpose of the conveyances authorized by

subsection (a) is to resolve all outstanding issues between the

United States and the city of North Bonneville.

(d) ACKNOWLEDGEMENT OF PAYMENT; RELEASE OF CLAIMS

RELATING TO RELOCATION OF CITY.—As a prerequisite to the conveyances authorized by subsection (a), the city of North Bonneville

shall execute an acknowledgement of payment of just compensation

and shall execute a release of any and all claims for relief of

any kind against the United States arising out of the relocation

of the city of North Bonneville, or any prior Federal legislation

relating thereto, and shall dismiss, with prejudice, any pending

litigation, if any, involving such matters.

(e) RELEASE BY ATTORNEY GENERAL.—Upon receipt of the city’s

acknowledgment and release referred to in subsection (d), the Attorney General of the United States shall dismiss any pending litigation, if any, arising out of the relocation of the city of North

Bonneville, and execute a release of any and all rights to damages

of any kind under Town of North Bonneville, Washington v. United

States, 11 Cl. Ct. 694, affirmed in part and reversed in part,

833 F.2d 1024 (Fed. Cir. 1987), cert. denied, 485 U.S. 1007 (1988),

including any interest thereon.

(f) ACKNOWLEDGMENT OF ENTITLEMENTS; RELEASE BY CITY OF

CLAIMS.—Within 60 days after the conveyances authorized by subsection (a) (other than paragraph (6)(B)) have been completed, the

city shall execute an acknowledgement that all entitlements under
110 STAT. 3722 PUBLIC LAW 104–303—OCT. 12, 1996

such paragraph have been completed and shall execute a release

of any and all claims for relief of any kind against the United

States arising out of this section.

(g) EFFECTS ON CITY.—Beginning on the date of the enactment

of this Act, the city of North Bonneville, or any successor in interest

thereto, shall—

(1) be precluded from exercising any jurisdiction over any

lands owned in whole or in part by the United States and

administered by the Corps of Engineers in connection with

the Bonneville project; and

(2) be authorized to change the zoning designations of,

sell, or resell Parcels S35 and S56, which are presently designated as open spaces.

SEC. 341. COLUMBIA RIVER DREDGING, OREGON AND WASHINGTON.

The project for navigation, Lower Willamette and Columbia

Rivers below Vancouver, Washington, and Portland, Oregon, authorized by the 1st section of the Act entitled ‘‘An Act making appropriations for the construction, repair, preservation, and completion of

certain public works on rivers and harbors, and for other purposes’’,

approved June 18, 1878 (20 Stat. 157), is modified to direct the

Secretary—

(1) to conduct channel simulation and to carry out improvements to the existing deep draft channel between the mouth

of the river and river mile 34 at a cost not to exceed $2,400,000;

and

(2) to conduct overdepth and advance maintenance dredging that is necessary to maintain authorized channel dimensions.

SEC. 342. LACKAWANNA RIVER AT SCRANTON, PENNSYLVANIA.

(a) IN GENERAL.—The project for flood control, Lackawanna

River at Scranton, Pennsylvania, authorized by section 101(17)

of the Water Resources Development Act of 1992 (106 Stat. 4803),

is modified to direct the Secretary to carry out the project for

flood control for the Plot and Green Ridge sections of the project.

(b) APPLICABILITY OF BENEFIT-COST RATIO WAIVER AUTHORITY.—In evaluating and implementing the project, the Secretary

shall allow the non-Federal interest to participate in the financing

of the project in accordance with section 903(c) of the Water

Resources Development Act of 1986 (100 Stat. 4184), to the extent

that the Secretary’s evaluation indicates that applying such section

is necessary to implement the project.

SEC. 343. MUSSERS DAM, MIDDLE CREEK, SNYDER COUNTY, PENNSYLVANIA.

Section 209(e)(5) of the Water Resources Development Act of

1992 (106 Stat. 4830) is amended by striking ‘‘$3,000,000’’ and

inserting ‘‘$5,000,000’’.

SEC. 344. SCHUYLKILL RIVER, PENNSYLVANIA.

The navigation project for the Schuylkill River, Pennsylvania,

authorized by the 1st 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 August 8, 1917 (40 Stat. 252), is modified to provide

for the periodic removal and disposal of sediment to provide for

a depth of 6 feet within portions of the Fairmount pool between
PUBLIC LAW 104–303—OCT. 12, 1996 110 STAT. 3723

the Fairmount Dam and the Columbia Bridge, generally within

the limits of the channel alignments referred to as the Schuylkill

River Racecourse and return lane, and the Belmont Water Works

intakes and Boathouse Row.

SEC. 345. SOUTH CENTRAL PENNSYLVANIA.

(a) COST SHARING.—Section 313(d)(3)(A) of the Water Resources

Development Act of 1992 (106 Stat. 4846) is amended to read

as follows:

‘‘(A) IN GENERAL.—Total project costs under each local

cooperation agreement entered into under this subsection

shall be shared at 75 percent Federal and 25 percent nonFederal. The Federal share may be provided in the form

of grants or reimbursements of project costs. The nonFederal interests shall receive credit—

‘‘(i) for design and construction services and other

in-kind work, whether occurring subsequent to, or

within 6 years prior to, entering into an agreement

with the Secretary; and

‘‘(ii) for grants and the value of work performed

on behalf of such interests by State and local agencies,

as determined by the Secretary.’’.

(b) AUTHORIZATION OF APPROPRIATIONS.—Section 313(g)(1) of

such Act (106 Stat. 4846) is amended by striking ‘‘$50,000,000’’

and inserting ‘‘$80,000,000’’.

(c) SECTION HEADING.—The heading to section 313 of such

Act is amended to read as follows:

‘‘SEC. 313. SOUTH CENTRAL PENNSYLVANIA ENVIRONMENT IMPROVEMENT PROGRAM.’’.

SEC. 346. WYOMING VALLEY, PENNSYLVANIA.

The project for flood control, Wyoming Valley, Pennsylvania,

authorized by section 401(a) of the Water Resources Development

Act of 1986 (100 Stat. 4124), is modified to authorize the Secretary—

(1) to include as part of the construction of the project

mechanical and electrical upgrades to stormwater pumping stations in the Wyoming Valley; and

(2) to carry out mitigation measures that the Secretary

would otherwise be authorized to carry out, but for the General

Design Memorandum for phase II of the project, as approved

by the Assistant Secretary of the Army having responsibility

for civil works on February 15, 1996, providing that such measures are to be carried out for credit by the non-Federal interest.

SEC. 347. ALLENDALE DAM, NORTH PROVIDENCE, RHODE ISLAND.

The project for reconstruction of the Allendale Dam, North

Providence, Rhode Island, authorized by section 358 of the Water

Resources Development Act of 1992 (106 Stat. 4861), is modified

to authorize the Secretary to reconstruct the dam, at a total cost

of $350,000, with an estimated Federal cost of $262,500 and an

estimated non-Federal cost of $87,500.

SEC. 348. NARRAGANSETT, RHODE ISLAND.

Section 361(a) of the Water Resources Development Act of

1992 (106 Stat. 4861) is amended—

(1) by striking ‘‘$200,000’’ and inserting ‘‘$1,900,000’’;

(2) by striking ‘‘$150,000’’ and inserting ‘‘$1,425,000’’; and

(3) by striking ‘‘$50,000’’ and inserting ‘‘$475,000’’.
110 STAT. 3724 PUBLIC LAW 104–303—OCT. 12, 1996

SEC. 349. CLOUTER CREEK DISPOSAL AREA, CHARLESTON, SOUTH

CAROLINA.

(a) TRANSFER OF ADMINISTRATIVE JURISDICTION.—Notwithstanding any other law, the Secretary of the Navy shall transfer

to the Secretary administrative jurisdiction over the approximately

1,400 acres of land under the jurisdiction of the Department of

the Navy that comprise a portion of the Clouter Creek disposal

area, Charleston, South Carolina.

(b) USE OF TRANSFERRED LAND.—The land transferred under

subsection (a) shall be used by the Department of the Army as

a dredged material disposal area for dredging activities in the

vicinity of Charleston, South Carolina, including the Charleston

Harbor navigation project.

(c) COST SHARING.—Operation and maintenance, including

rehabilitation, of the dredged material disposal area transferred

under this section shall be carried out in accordance with section

101 of the Water Resources Development Act of 1986 (33 U.S.C.

2211).

SEC. 350. BUFFALO BAYOU, TEXAS.

The non-Federal interest for the projects for flood control, Buffalo Bayou and tributaries, Texas, authorized by section 203 of

the Flood Control Act of 1954 (68 Stat. 1258) and by section

101(a)(21) of the Water Resources Development Act of 1990 (104

Stat. 4610), may be reimbursed by up to $5,000,000 or may receive

a credit of up to $5,000,000 toward required non-Federal project

cost-sharing contributions for work performed by the non-Federal

interest at each of the following locations if such work is compatible

with 1 or more of the following authorized projects: White Oak

Bayou, Brays Bayou, Hunting Bayou, Garners Bayou, and the

Upper Reach on Greens Bayou.

SEC. 351. DALLAS FLOODWAY EXTENSION, DALLAS, TEXAS.

(a) IN GENERAL.—The project for flood control, Dallas Floodway

Extension, Dallas, Texas, authorized by section 301 of the River

and Harbor Act of 1965 (79 Stat. 1091), is modified to provide

that flood protection works constructed by the non-Federal interests

along the Trinity River in Dallas, Texas, for Rochester Park and

the Central Wastewater Treatment Plant shall be included as a

part of the project and the cost of such works shall be credited

against the non-Federal share of project costs.

(b) DETERMINATION OF AMOUNT.—The amount to be credited

under subsection (a) shall be determined by the Secretary. In determining such amount, the Secretary may permit credit only for

that portion of the work performed by the non-Federal interests

that is compatible with the project referred to in subsection (a),

including any modification thereof, and that is required for construction of such project.

(c) CASH CONTRIBUTION.—Nothing in this section shall be construed to limit the applicability of the requirement contained in

section 103(a)(1)(A) of the Water Resources Development Act of

1986 (33 U.S.C. 2213(a)(1)(A)) to the project referred to in subsection

(a).

SEC. 352. GRUNDY, VIRGINIA.

The Secretary shall proceed with planning, engineering, design,

and construction of the Grundy, Virginia, element of the Levisa

and Tug Forks of the Big Sandy River and Upper Cumberland
PUBLIC LAW 104–303—OCT. 12, 1996 110 STAT. 3725

River project, authorized by section 202 of the Energy and Water

Development Appropriation Act, 1981 (94 Stat. 1339), in accordance

with Plan 3A as set forth in the preliminary draft detailed project

report of the Huntington District Commander, dated August 1993.

SEC. 353. HAYSI LAKE, VIRGINIA.

The Haysi Lake, Virginia, feature of the project for flood control,

Tug Fork of the Big Sandy River, Kentucky, West Virginia, and

Virginia, authorized pursuant to section 202(a) of the Energy and

Water Development Appropriation Act, 1981 (94 Stat. 1339), is

modified—

(1) to add recreation and fish and wildlife enhancement

as project purposes;

(2) to direct the Secretary to construct the Haysi Dam

feature of the project substantially in accordance with Plan

A as set forth in the Draft General Plan Supplement Report

for the Levisa Fork Basin, Virginia and Kentucky, dated May

1995;

(3) to direct the Secretary to apply section 103(m) of the

Water Resources Development Act of 1986 (33 U.S.C. 2213(m);

100 Stat. 4087) to the construction of such feature in the

same manner as that section is applied to other projects or

project features constructed pursuant to such section 202(a);

and

(4) to provide for operation and maintenance of recreational

facilities on a reimbursable basis.

SEC. 354. RUDEE INLET, VIRGINIA BEACH, VIRGINIA.

The project for navigation and shoreline protection, Rudee Inlet,

Virginia Beach, Virginia, authorized by section 601(d) of the Water

Resources Development Act of 1986 (100 Stat. 4148), is modified

to authorize the Secretary to continue maintenance of the project

for 50 years beginning on the date of initial construction of the

project. The Federal share of the cost of such maintenance shall

be determined in accordance with title I of the Water Resources

Development Act of 1986 (33 U.S.C. 2211 et seq.).

SEC. 355. VIRGINIA BEACH, VIRGINIA.

(a) ADJUSTMENT OF NON-FEDERAL SHARE.—Notwithstanding

any other provision of law, the non-Federal share of the costs

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), shall be

reduced by $3,120,803 or by such amount as is determined by

an audit carried out by the Department of the Army to be due

to the city of Virginia Beach as reimbursement for beach nourishment activities carried out by the city between October 1, 1986,

and September 30, 1993, if the Federal Government has not

reimbursed the city for the activities prior to the date on which

a project cooperation agreement is executed for the project.

(b) EXTENSION OF FEDERAL PARTICIPATION.—

(1) IN GENERAL.—In accordance with section 156 of the

Water Resources Development Act of 1976 (42 U.S.C. 1962d–

5f), the Secretary shall extend Federal participation in the

periodic nourishment of Virginia Beach as authorized by section

101 of the River and Harbor Act of 1954 (68 Stat. 1254) and

modified by section 101 of the River and Harbor Act of 1962

(76 Stat. 1177).
110 STAT. 3726 PUBLIC LAW 104–303—OCT. 12, 1996

(2) DURATION.—Federal participation under paragraph (1)

shall extend until the earlier of—

(A) the end of the 50-year period provided for in section

156 of the Water Resources Development Act of 1976 (42

U.S.C. 1962d–5f); and

(B) the completion of the project for beach erosion

control and hurricane protection, Virginia Beach, Virginia,

as modified by section 102(cc) of the Water Resources

Development Act of 1992 (106 Stat. 4810).

SEC. 356. EAST WATERWAY, WASHINGTON.

The project for navigation, East and West Waterways, Seattle

Harbor, Washington, authorized by the 1st 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 March 2, 1919 (40 Stat. 1285),

is modified to direct the Secretary—

(1) to expedite review of potential deepening of the channel

in the East waterway from Elliott Bay to Terminal 25 to

a depth of up to 51 feet; and

(2) if determined to be feasible, to implement such deepening as part of project maintenance.

In carrying out work authorized by this section, the Secretary

shall coordinate with the Port of Seattle regarding use of Slip

27 as a dredged material disposal area.

SEC. 357. BLUESTONE LAKE, WEST VIRGINIA.

Section 102(ff) of the Water Resources Development Act of

1992 (106 Stat. 4810) is amended by inserting after ‘‘project,’’ the

1st place it appears ‘‘except for that organic matter necessary to

maintain and enhance the biological resources of such waters and

such nonobtrusive items of debris as may not be economically

feasible to prevent being released through such project,’’.

SEC. 358. MOOREFIELD, WEST VIRGINIA.

(a) REVIEW.—The Secretary, as part of the implementation

of the project for flood control, Moorefield, West Virginia, shall

conduct a review of the activities of the Corps of Engineers to

determine whether the failure of the Corps of Engineers to complete

land acquisition for the project by May 1, 1996, contributed to

any flood damages at the town of Moorefield during 1996.

(b) REDUCTION OF NON-FEDERAL SHARE.—To the extent the

Secretary determines under subsection (a) that the activities of

the Corps of Engineers contributed to any flood damages, the Secretary shall reduce the non-Federal share of the flood control project

by up to $700,000. Such costs shall become a Federal responsibility

for carrying out the flood control project.

SEC. 359. SOUTHERN WEST VIRGINIA.

(a) COST SHARING.—Section 340(c)(3) of the Water Resources

Development Act of 1992 (106 Stat. 4856) is amended to read

as follows:

‘‘(3) COST SHARING.—

‘‘(A) IN GENERAL.—Total project costs under each local

cooperation agreement entered into under this subsection

shall be shared at 75 percent Federal and 25 percent nonFederal. The Federal share may be in the form of grants

or reimbursements of project costs.
PUBLIC LAW 104–303—OCT. 12, 1996 110 STAT. 3727

‘‘(B) CREDIT FOR DESIGN WORK.—The non-Federal

interest shall receive credit for the reasonable costs of

design work completed by such interest prior to entering

into a local cooperation agreement with the Secretary for

a project. The credit for such design work shall not exceed

6 percent of the total construction costs of the project.

‘‘(C) CREDIT FOR INTEREST.—In the event of a delay

in the funding of the non-Federal share of a project that

is the subject of an agreement under this section, the

non-Federal interest shall receive credit for reasonable

interest incurred in providing the non-Federal share of

a project’s cost.

‘‘(D) CREDIT FOR LANDS, EASEMENTS, AND RIGHTS-OF- WAY.—The non-Federal interest shall receive credit for

lands, easements, rights-of-way, and relocations toward its

share of project costs (including all reasonable costs associated with obtaining permits necessary for the construction,

operation, and maintenance of such project on publicly

owned or controlled lands), but not to exceed 25 percent

of total project costs.

‘‘(E) OPERATION AND MAINTENANCE.—Operation and

maintenance costs for projects constructed with assistance

provided under this section shall be 100 percent non-Federal.’’.

(b) FUNDING.—Section 340(g) of the Water Resources Development Act of 1992 (106 Stat. 4856) is amended by striking

‘‘$5,000,000’’ and inserting ‘‘$20,000,000’’.

SEC. 360. WEST VIRGINIA TRAILHEAD FACILITIES.

Section 306 of the Water Resources Development Act of 1992

(106 Stat. 4840–4841) is amended—

(1) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘The Secretary’’;

and

(2) by adding at the end the following:

‘‘(b) INTERAGENCY AGREEMENT.—The Secretary shall enter into

an interagency agreement with the Federal entity that provided

assistance in the preparation of the study for the purposes of

providing ongoing technical assistance and oversight for the trail

facilities envisioned by the plan developed under this section. The

Federal entity shall provide such assistance and oversight.’’.

SEC. 361. KICKAPOO RIVER, WISCONSIN.

(a) IN GENERAL.—The project for flood control and allied purposes, Kickapoo River, Wisconsin, authorized by section 203 of

the Flood Control Act of 1962 (76 Stat. 1190) and modified by

section 814 of the Water Resources Development Act of 1986 (100

Stat. 4169), is further modified as provided by this section.

(b) TRANSFER OF PROPERTY.— (1) IN GENERAL.—Subject to the requirements of this subsection, the Secretary shall transfer to the State of Wisconsin,

without consideration, all right, title, and interest of the United

States to the lands described in paragraph (3), including all

works, structures, and other improvements to such lands.

(2) TRANSFER TO SECRETARY OF THE INTERIOR.—Subject

to the requirements of this subsection, on the date of the

transfer under paragraph (1), the Secretary shall transfer to

the Secretary of the Interior, without consideration, all right,

title, and interest of the United States to lands that are culturally
110 STAT. 3728 PUBLIC LAW 104–303—OCT. 12, 1996

and religiously significant sites of the Ho-Chunk Nation

(a federally recognized Indian tribe) and are located within

the lands described in paragraph (3). Such lands shall be

described in accordance with paragraph (4)(C) and may not

exceed a total of 1,200 acres.

(3) LAND DESCRIPTION.—The lands to be transferred pursuant to paragraphs (1) and (2) are the approximately 8,569

acres of land associated with the LaFarge Dam and Lake portion of the project referred to in subsection (a) in Vernon

County, Wisconsin, in the following sections:

(A) Section 31, Township 14 North, Range 1 West

of the 4th Principal Meridian.

(B) Sections 2 through 11, and 16, 17, 20, and 21,

Township 13 North, Range 2 West of the 4th Principal

Meridian.

(C) Sections 15, 16, 21 through 24, 26, 27, 31, and

33 through 36, Township 14 North, Range 2 West of the

4th Principal Meridian.

(4) TERMS AND CONDITIONS.—

(A) HOLD HARMLESS; REIMBURSEMENT OF UNITED

STATES.—The transfer under paragraph (1) shall be made

on the condition that the State of Wisconsin enters into

a written agreement with the Secretary to hold the United

States harmless from all claims arising from or through

the operation of the lands and improvements subject to

the transfer. If title to the lands described in paragraph

(3) is sold or transferred by the State, the State shall

reimburse the United States for the price originally paid

by the United States for purchasing such lands.

(B) IN GENERAL.—The Secretary shall make the transfers under paragraphs (1) and (2) only if on or before

October 31, 1997, the State of Wisconsin enters into and

submits to the Secretary a memorandum of understanding,

as specified in subparagraph (C), with the tribal organization (as defined by section 4(l) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(l))) of

the Ho-Chunk Nation.

(C) MEMORANDUM OF UNDERSTANDING.—The memorandum of understanding referred to in subparagraph (B) shall

contain, at a minimum, the following:

(i) A description of sites and associated lands to

be transferred to the Secretary of the Interior under

paragraph (2).

(ii) An agreement specifying that the lands transferred under paragraphs (1) and (2) shall be preserved

in a natural state and developed only to the extent

necessary to enhance outdoor recreational and educational opportunities.

(iii) An agreement specifying the terms and conditions of a plan for the management of the lands to

be transferred under paragraphs (1) and (2).

(iv) A provision requiring a review of the plan

referred to in clause (iii) to be conducted every 10

years under which the State of Wisconsin, acting

through the Kickapoo Valley Governing Board, and

the Ho-Chunk Nation may agree to revisions to the

plan in order to address changed circumstances on
PUBLIC LAW 104–303—OCT. 12, 1996 110 STAT. 3729

the lands transferred under paragraph (2). Such provision may include a plan for the transfer by the State

to the United States of any additional site discovered

to be culturally and religiously significant to the HoChunk Nation.

(v) An agreement preventing or limiting the public

disclosure of the location or existence of each site of

particular cultural or religious significance to the HoChunk Nation if public disclosure would jeopardize

the cultural or religious integrity of the site.

(5) ADMINISTRATION OF LANDS.—The lands transferred to

the Secretary of the Interior under paragraph (2), and any

lands transferred to the Secretary of the Interior under the

memorandum of understanding entered into under paragraph

(4), or under any revision of such memorandum of understanding, shall be held in trust by the United States for, and added

to and administered as part of the reservation of, the HoChunk Nation.

(6) TRANSFER OF FLOWAGE EASEMENTS.—The Secretary

shall transfer to the owner of the servient estate, without

consideration, all right, title, and interest of the United States

in and to each flowage easement acquired as part of the project

referred to in subsection (a) within Township 14 North, Range

2 West of the 4th Principal Meridian, Vernon County, Wisconsin.

(7) DEAUTHORIZATION.—Except as provided in subsection

(c), the LaFarge Dam and Lake portion of the project referred

to in subsection (a) is not authorized after the date of the

transfer under this subsection.

(8) INTERIM MANAGEMENT AND MAINTENANCE.—The Secretary shall continue to manage and maintain the LaFarge

Dam and Lake portion of the project referred to in subsection

(a) until the date of the transfer under this subsection.

(c) COMPLETION OF PROJECT FEATURES.—

(1) REQUIREMENT.—The Secretary shall undertake the

completion of the following features of the project referred

to in subsection (a):

(A) The continued relocation of State highway route

131 and county highway routes P and F substantially in

accordance with plans contained in Design Memorandum

No. 6, Relocation-LaFarge Reservoir, dated June 1970;

except that the relocation shall generally follow the existing

road rights-of-way through the Kickapoo Valley.

(B) Site restoration of abandoned wells, farm sites,

and safety modifications to the water control structures.

(2) ADDITIONAL REQUIREMENTS.—All activities undertaken

pursuant to this subsection shall comply with the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001

et seq.), the Archaeological Resources Protection Act of 1979

(16 U.S.C. 470aa et seq.), the National Historic Preservation

Act (16 U.S.C. 470 et seq.), and any subsequent Federal law

enacted relating to cultural artifacts, human remains, or historic preservation.

(3) PARTICIPATION BY STATE OF WISCONSIN AND THE HOCHUNK NATION.—In undertaking completion of the features

under paragraph (1), the Secretary shall consult with the State

Native

Americans.
110 STAT. 3730 PUBLIC LAW 104–303—OCT. 12, 1996

of Wisconsin and the Ho-Chunk Nation on the location of each

feature.

(d) FUNDING.—There is authorized to be appropriated to carry out this section $17,000,000.

SEC. 362. TETON COUNTY, WYOMING.

Section 840 of the Water Resources Development Act of 1986

(100 Stat. 4176) is amended—

(1) by striking ‘‘: Provided, That’’ and inserting ‘‘; except

that’’;

(2) by striking ‘‘in cash or materials’’ and inserting ‘‘,

through providing in-kind services or cash or materials,’’; and

(3) by adding at the end the following: ‘‘In carrying out

this section, the Secretary may enter into agreements with

the non-Federal sponsor permitting the non-Federal sponsor

to perform operation and maintenance for the project on a

cost-reimbursable basis.’’.

SEC. 363. PROJECT REAUTHORIZATIONS.

(a) GRAND PRAIRIE REGION AND BAYOU METO BASIN, ARKANSAS.—The project for flood control, Grand Prairie Region

and Bayou Meto Basin, Arkansas, authorized by section 204 of

the Flood Control Act of 1950 (64 Stat. 174) and deauthorized

pursuant to 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; except that the scope of the project includes

ground water protection and conservation, agricultural water supply, and waterfowl management if the Secretary determines that

the change in the scope of the project is technically sound, environmentally acceptable, and economic, as applicable.

(b) WHITE RIVER, ARKANSAS.—The project for navigation, White

River Navigation to Batesville, Arkansas, authorized by section

601(a) of the Water Resources Development Act of 1986 (100 Stat.

4139) and deauthorized by section 52(b) of the Water Resources

Development Act of 1988 (102 Stat. 4044), is authorized to be

carried out by the Secretary.

(c) DES PLAINES RIVER, ILLINOIS.—The project for wetlands

research, Des Plaines River, Illinois, authorized by section 45 of

the Water Resources Development Act of 1988 (102 Stat. 4041)

and deauthorized pursuant to 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.

(d) ALPENA HARBOR, MICHIGAN.—The project for navigation,

Alpena Harbor, Michigan, authorized by section 301 of the River

and Harbor Act of 1965 (79 Stat. 1090) and deauthorized pursuant

to 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.

(e) ONTONAGON HARBOR, ONTONAGON COUNTY, MICHIGAN.— The project for navigation, Ontonagon Harbor, Ontonagon County,

Michigan, authorized by section 101 of the River and Harbor Act

of 1962 (76 Stat. 1176) and deauthorized pursuant to 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.

(f) KNIFE RIVER HARBOR, MINNESOTA.—The project for navigation, Knife River Harbor, Minnesota, authorized by section 100

of the Water Resources Development Act of 1974 (88 Stat. 41)

and deauthorized pursuant to section 1001(b) of the Water
PUBLIC LAW 104–303—OCT. 12, 1996 110 STAT. 3731

Resources Development Act of 1986 (33 U.S.C. 579a(b)), is authorized to be carried out by the Secretary.

(g) CLIFFWOOD BEACH, NEW JERSEY.—The project for hurricaneflood protection and beach erosion control on Raritan Bay and

Sandy Hook Bay, New Jersey, authorized by section 203 of the

Flood Control Act of 1962 (76 Stat. 1181) and deauthorized pursuant

to 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.

SEC. 364. PROJECT DEAUTHORIZATIONS.

The following projects are not authorized after the date of

the enactment of this Act:

(1) BRANFORD HARBOR, CONNECTICUT.—The 2,267 square

foot portion of the project for navigation in the Branford River,

Branford Harbor, Connecticut, authorized by the 1st 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

13, 1902 (32 Stat. 333), lying shoreward of a line described

as follows: Beginning at a point on the authorized Federal

navigation channel line the coordinates of which are

N156,181.32, E581,572.38, running thence south 70 degrees,

11 minutes, 8 seconds west a distance of 171.58 feet to another

point on the authorized Federal navigation channel line the

coordinates of which are N156,123.16, E581,410.96.

(2) BRIDGEPORT HARBOR, CONNECTICUT.—

(A) ANCHORAGE AREA.—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-acre anchorage area with a depth

of 6 feet at the head of Johnsons River between the Federal

channel and Hollisters Dam.

(B) JOHNSONS RIVER CHANNEL.—The portion of the

project for navigation, Johnsons River Channel, Bridgeport

Harbor, Connecticut, authorized by the 1st section of the

Act entitled ‘‘An Act authorizing the construction, repair,

and preservation of certain public works on rivers and

harbors, and for other purposes’’, approved July 24, 1946

(60 Stat. 634), that is northerly of a line across the Federal

channel the coordinates of which are north 123318.35, east

486301.68, and north 123257.15, east 486380.77.

(3) GUILFORD HARBOR, CONNECTICUT.—The portion of the

project for navigation, Guilford Harbor, Connecticut, authorized

by section 2 of the Act entitled ‘‘An Act authorizing the construction, repair, and preservation of certain public works on rivers

and harbors, and for other purposes’’, approved March 2, 1945

(59 Stat. 13), that consists of the 6-foot deep channel in Sluice

Creek and that is not included in the following description

of the realigned channel: Beginning at a point where the Sluice

Creek Channel intersects with the main entrance channel,

N159194.63, E623201.07, thence running north 24 degrees, 58

minutes, 15.2 seconds west 478.40 feet to a point N159628.31,

E622999.11, thence running north 20 degrees, 18 minutes, 31.7

seconds west 351.53 feet to a point N159957.99, E622877.10,

thence running north 69 degrees, 41 minutes, 37.9 seconds

east 55.00 feet to a point N159977.08, E622928.69, thence
110 STAT. 3732 PUBLIC LAW 104–303—OCT. 12, 1996

turning and running south 20 degrees, 18 minutes, 31.0 seconds

east 349.35 feet to a point N159649.45, E623049.94, thence

turning and running south 24 degrees, 58 minutes, 11.1 seconds

east 341.36 feet to a point N159340.00, E623194.04, thence

turning and running south 90 degrees, 0 minutes, 0 seconds

east 78.86 feet to a point N159340.00, E623272.90.

(4) MYSTIC RIVER, CONNECTICUT.—The following portion of

the project for improving the Mystic River, Connecticut, authorized by the 1st 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 March 4, 1913 (37 Stat. 802): Beginning

in the 15-foot deep channel at coordinates north 190860.82,

east 814416.20, thence running southeast about 52.01 feet to

the coordinates north 190809.47, east 814424.49, thence running southwest about 34.02 feet to coordinates north 190780.46,

east 814406.70, thence running north about 80.91 feet to the

point of beginning.

(5) NORWALK HARBOR, CONNECTICUT.—

(A) IN GENERAL.—The following portions of projects

for navigation, Norwalk Harbor, Connecticut:

(i) The portion authorized by the 1st 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 March 2, 1919 (40 Stat. 1276), that

lies northerly of a line across the Federal channel

having coordinates N104199.72, E417774.12 and

N104155.59, E417628.96.

(ii) The portions of the 6-foot deep East Norwalk

Channel and Anchorage, authorized by section 2 of

the Act entitled ‘‘An Act authorizing the construction,

repair, and preservation of certain public works on

rivers and harbors, and for other purposes’’, approved

March 2, 1945 (59 Stat. 13), that are not included

in the description of the realigned channel and anchorage set forth in subparagraph (B).

(B) DESCRIPTION OF REALIGNED CHANNEL AND ANCHORAGE.—The realigned 6-foot deep East Norwalk Channel

and Anchorage referred to in subparagraph (A)(ii) is

described as follows: Beginning at a point on the East

Norwalk Channel, N95743.02, E419581.37, thence running

northwesterly about 463.96 feet to a point N96197.93,

E419490.18, thence running northwesterly about 549.32

feet to a point N96608.49, E419125.23, thence running

northwesterly about 384.06 feet to a point N96965.94,

E418984.75, thence running northwesterly about 407.26

feet to a point N97353.87, E418860.78, thence running

westerly about 58.26 feet to a point N97336.26, E418805.24,

thence running northwesterly about 70.99 feet to a point

N97390.30, E418759.21, thence running westerly about

71.78 feet to a point on the anchorage limit N97405.26,

E418689.01, thence running southerly along the western

limits of the Federal anchorage in existence on the date

of the enactment of this Act until reaching a point

N95893.74, E419449.17, thence running in a southwesterly
PUBLIC LAW 104–303—OCT. 12, 1996 110 STAT. 3733

direction about 78.74 feet to a point on the East Norwalk

Channel N95815.62, E419439.33.

(C) DESIGNATION OF REALIGNED CHANNEL AND ANCHOR- AGE.—All of the realigned channel shall be redesignated

as an anchorage, with the exception of the portion of the

channel that narrows to a width of 100 feet and terminates

at a line the coordinates of which are N96456.81,

E419260.06 and N96390.37, E419185.32, which shall

remain as a channel.

(6) PATCHOGUE RIVER, WESTBROOK, CONNECTICUT.—

(A) IN GENERAL.—The following portion of the project

for navigation, Patchogue River, Connecticut, authorized

by section 101 of the River and Harbor Act of 1954 (68

Stat. 1249): A portion of the 8-foot deep channel that lies

northwesterly of a line whose coordinates are N161108.83,

E676901.34 and N161246.53, E677103.75. The perimeter

of this area starts at a point with coordinates N161108.83,

E676901.34, thence running north 7 degrees, 50 minutes,

44.2 seconds west 27.91 feet to a point N161136.48,

E676897.53, thence running north 55 degrees, 46 minutes,

23.3 seconds east 190.05 feet to a point N161243.38,

E677054.67, thence running north 86 degrees, 19 minutes,

39.9 seconds east 49.18 feet to a point N161246.53,

E677103.75, thence running south 55 degrees, 46 minutes,

20.8 seconds west 244.81 feet to the point of origin.

(B) REDESIGNATION.—The portion of the project for

navigation, Patchogue River, Connecticut, referred to in

subparagraph (A), which is now part of the 8-foot deep

anchorage lying northwesterly of a line whose coordinates

are N161067.46, E676982.76 and N161173.63, E677138.81,

is redesignated as part of the 8-foot deep channel. The

perimeter of this area starts at a point with coordinates

N161067.46, E676982.76, thence running north 7 degrees,

48 minutes, 40.7 seconds west 5.59 feet to a point

N161073.00, E676982.00, thence running north 55 degrees,

46 minutes, 25.1 seconds east 177.79 feet to a point

N161173.00, E677129.00, thence running north 86 degrees,

19 minutes, 31.8 seconds east 9.83 feet to a point

N161173.63, E677138.81, thence running south 55 degrees,

46 minutes, 12.9 seconds west 188.74 feet to the point

of origin.

(7) SOUTHPORT HARBOR, CONNECTICUT.—

(A) IN GENERAL.—The following portions of the project

for navigation, Southport Harbor, Connecticut, authorized

by the 1st section of the Act entitled ‘‘An Act authorizing

the construction, repair, and preservation of certain public

works on rivers and harbors, and for other purposes’’,

approved August 30, 1935 (49 Stat. 1029):

(i) The 6-foot deep anchorage located at the head

of the project.

(ii) The portion of the 9-foot deep channel beginning at a bend in the channel the coordinates of which

are north 109131.16, east 452653.32, running thence

in a northeasterly direction about 943.01 feet to a

point the coordinates of which are north 109635.22,

east 453450.31, running thence in a southeasterly

direction about 22.66 feet to a point the coordinates
110 STAT. 3734 PUBLIC LAW 104–303—OCT. 12, 1996

of which are north 109617.15, east 453463.98, running

thence in a southwesterly direction about 945.18 feet

to the point of beginning.

(B) REMAINDER.—The portion of the project referred

to in subparagraph (A) that is remaining after the

deauthorization made by subparagraph (A) and that is

northerly of a line the coordinates of which are north

108699.15, east 452768.36, and north 108655.66, east

452858.73, is redesignated as an anchorage.

(8) STONY CREEK, CONNECTICUT.—The following portion of

the project for navigation, Stony Creek, Connecticut, authorized

under section 107 of the River and Harbor Act of 1960 (33

U.S.C. 577), located in the 6-foot deep maneuvering basin:

Beginning at coordinates N157,031.91, E599,030.79, thence running northeasterly about 221.16 feet to coordinates

N157,191.06, E599,184.37, thence running northerly about

162.60 feet to coordinates N157,353.56, E599,189.99, thence

running southwesterly about 358.90 feet to the point of beginning.

(9) EAST BOOTHBAY HARBOR, MAINE.—The following portion

of the navigation project for East Boothbay Harbor, Maine,

authorized by the 1st 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), containing

approximately 1.15 acres and described in accordance with

the Maine State Coordinate System, West Zone:

Beginning at a point noted as point number 6 and shown

as having plan coordinates of North 9, 722, East 9, 909, on

the plan entitled, ‘‘East Boothbay Harbor, Maine, examination,

8-foot area’’, and dated August 9, 1955, Drawing Number F1251

D–6–2, that point having Maine State Coordinate System, West

Zone coordinates of Northing 74514, Easting 698381.

Thence, North 58 degrees, 12 minutes, 30 seconds East

a distance of 120.9 feet to a point.

Thence, South 72 degrees, 21 minutes, 50 seconds East

a distance of 106.2 feet to a point.

Thence, South 32 degrees, 04 minutes, 55 seconds East

a distance of 218.9 feet to a point.

Thence, South 61 degrees, 29 minutes, 40 seconds West

a distance of 148.9 feet to a point.

Thence, North 35 degrees, 14 minutes, 12 seconds West

a distance of 87.5 feet to a point.

Thence, North 78 degrees, 30 minutes, 58 seconds West

a distance of 68.4 feet to a point.

Thence, North 27 degrees, 11 minutes, 39 seconds West

a distance of 157.3 feet to the point of beginning.

(10) KENNEBUNK RIVER, MAINE.—The portion of the project

for navigation, Kennebunk River, Maine, authorized by section

101 of the River and Harbor Act of 1962 (76 Stat. 1173) and

consisting of a 6-foot deep channel that lies northerly of a

line the coordinates of which are N191412.53, E417265.28 and

N191445.83, E417332.48.

(11) YORK HARBOR, MAINE.—The following portions of the

project for navigation, York Harbor, Maine, authorized by section 101 of the River and Harbor Act of 1960 (74 Stat. 480):
PUBLIC LAW 104–303—OCT. 12, 1996 110 STAT. 3735

(A) The portion located in the 8-foot deep anchorage

area beginning at coordinates N109340.19, E372066.93,

thence running north 65 degrees, 12 minutes, 10.5 seconds

east 423.27 feet to a point N109517.71, E372451.17, thence

running north 28 degrees, 42 minutes, 58.3 seconds west

11.68 feet to a point N109527.95, E372445.56, thence running south 63 degrees, 37 minutes, 24.6 seconds west

422.63 feet to the point of beginning.

(B) The portion located in the 8-foot deep anchorage

area beginning at coordinates N108557.24, E371645.88,

thence running south 60 degrees, 41 minutes, 17.2 seconds

east 484.51 feet to a point N108320.04, E372068.36, thence

running north 29 degrees, 12 minutes, 53.3 seconds east

15.28 feet to a point N108333.38, E372075.82, thence running north 62 degrees, 29 minutes, 42.1 seconds west

484.73 feet to the point of beginning.

(12) CHELSEA RIVER, BOSTON HARBOR, MASSACHUSETTS.—

The following portion of the project for navigation, Boston Harbor, Massachusetts, authorized by section 101 of the River

and Harbor Act of 1962 (76 Stat. 1173), consisting of a 35-

foot deep channel in the Chelsea River: Beginning at a point

on the northern limit of the existing project N505357.84,

E724519.19, thence running northeasterly about 384.19 feet

along the northern limit of the existing project to a bend on

the northern limit of the existing project N505526.87,

E724864.20, thence running southeasterly about 368.00 feet

along the northern limit of the existing project to another

point N505404.77, E725211.35, thence running westerly about

594.53 feet to a point N505376.12, E724617.51, thence running

southwesterly about 100.00 feet to the point of origin.

(13) COHASSET HARBOR, MASSACHUSETTS.—The following

portions of the project for navigation, Cohasset Harbor,

Massachusetts, authorized by section 2 of the Act entitled ‘‘An

Act authorizing the construction, repair, and preservation of

certain public works on rivers and harbors, and for other purposes’’, approved March 2, 1945 (59 Stat. 12), and authorized

pursuant to section 107 of the River and Harbor Act of 1960

(33 U.S.C. 577): A 7-foot deep anchorage and a 6-foot deep

anchorage; beginning at site 1, beginning at a point

N453510.15, E792664.63, thence running south 53 degrees 07

minutes 05.4 seconds west 307.00 feet to a point N453325.90,

E792419.07, thence running north 57 degrees 56 minutes 36.8

seconds west 201.00 feet to a point N453432.58, E792248.72,

thence running south 88 degrees 57 minutes 25.6 seconds west

50.00 feet to a point N453431.67, E792198.73, thence running

north 01 degree 02 minutes 52.3 seconds west 66.71 feet to

a point N453498.37, E792197.51, thence running north 69

degrees 12 minutes 52.3 seconds east 332.32 feet to a point

N453616.30, E792508.20, thence running south 55 degrees 50

minutes 24.1 seconds east 189.05 feet to the point of origin;

then site 2, beginning at a point, N452886.64, E791287.83,

thence running south 00 degrees 00 minutes 00.0 seconds west

56.04 feet to a point, N452830.60, E791287.83, thence running

north 90 degrees 00 minutes 00.0 seconds west 101.92 feet

to a point, N452830.60, E791185.91, thence running north 52

degrees 12 minutes 49.7 seconds east 89.42 feet to a point,

N452885.39, E791256.58, thence running north 87 degrees 42
110 STAT. 3736 PUBLIC LAW 104–303—OCT. 12, 1996

minutes 33.8 seconds east 31.28 feet to the point of origin;

and site 3, beginning at a point, N452261.08, E792040.24,

thence running north 89 degrees 07 minutes 19.5 seconds east

118.78 feet to a point, N452262.90, E792159.01, thence running

south 43 degrees 39 minutes 06.8 seconds west 40.27 feet

to a point, N452233.76, E792131.21, thence running north 74

degrees 33 minutes 29.1 seconds west 94.42 feet to a point,

N452258.90, E792040.20, thence running north 01 degree 03

minutes 04.3 seconds east 2.18 feet to the point of origin.

(14) FALMOUTH, MASSACHUSETTS.—

(A) DEAUTHORIZATIONS.—The following portions of the

project for navigation, Falmouth Harbor, Massachusetts,

authorized by section 101 of the River and Harbor Act

of 1948 (62 Stat. 1172):

(i) The portion commencing at a point north

199286.37 east 844394.81 a line running north 73

degrees 09 minutes 29 seconds east 440.34 feet to

a point north 199413.99 east 844816.36, thence turning

and running north 43 degrees 09 minutes 34.5 seconds

east 119.99 feet to a point north 199501.52 east

844898.44, thence turning and running south 66

degrees 52 minutes 03.5 seconds east 547.66 feet

returning to a point north 199286.41 east 844394.91.

(ii) The portion commencing at a point north

199647.41 east 845035.25 a line running north 43

degrees 09 minutes 33.1 seconds east 767.15 feet to

a point north 200207.01 east 845560.00, thence turning

and running north 11 degrees 04 minutes 24.3 seconds

west 380.08 feet to a point north 200580.01 east

845487.00, thence turning and running north 22

degrees 05 minutes 50.8 seconds east 1332.36 feet to

a point north 201814.50 east 845988.21, thence turning

and running north 02 degrees 54 minutes 15.7 seconds

east 15.0 feet to a point north 201829.48 east

845988.97, thence turning and running south 24

degrees 56 minutes 42.3 seconds west 1410.29 feet

returning to the point north 200550.75 east 845394.18.

(B) REDESIGNATION.—The portion of the project for

navigation, Falmouth, Massachusetts, referred to in

subparagraph (A) upstream of a line designated by the

2 points north 199463.18 east 844496.40 and north

199350.36 east 844544.60 is redesignated as an anchorage

area.

(15) MYSTIC RIVER, MASSACHUSETTS.—The following portion

of the project for navigation, Mystic River, Massachusetts,

authorized by section 101 of the River and Harbor Act of

1950 (64 Stat. 164): The 35-foot deep channel beginning at

a point on the northern limit of the existing project,

N506243.78, E717600.27, thence running easterly about

1000.00 feet along the northern limit of the existing project

to a point, N506083.42, E718587.33, thence running southerly

about 40.00 feet to a point, N506043.94, E718580.91, thence

running westerly about 1000.00 feet to a point, N506204.29,

E717593.85, thence running northerly about 40.00 feet to the

point of origin.

(16) RESERVED CHANNEL, BOSTON, MASSACHUSETTS.—The

portion of the project for navigation, Reserved Channel, Boston,
PUBLIC LAW 104–303—OCT. 12, 1996 110 STAT. 3737

Massachusetts, authorized by section 101(a)(13) of the Water

Resources Development Act of 1990 (104 Stat. 4607), that consists of a 40-foot deep channel beginning at a point along

the southern limit of the authorized project, N489391.22,

E728246.54, thence running northerly about 54 feet to a point,

N489445.53, E728244.97, thence running easterly about 2,926

feet to a point, N489527.38, E731170.41, thence running southeasterly about 81 feet to a point, N489474.87, E731232.55,

thence running westerly about 2,987 feet to the point of origin.

(17) WEYMOUTH-FORE AND TOWN RIVERS, MASSACHUSETTS.—

The following portions of the project for navigation, WeymouthFore and Town Rivers, Boston Harbor, Massachusetts, authorized by section 301 of the River and Harbor Act of 1965 (79

Stat. 1089):

(A) The 35-foot deep channel beginning at a bend on

the southern limit of the existing project, N457394.01,

E741109.74, thence running westerly about 405.25 feet to

a point, N457334.64, E740708.86, thence running southwesterly about 462.60 feet to another bend in the southern

limit of the existing project, N457132.00, E740293.00,

thence running northeasterly about 857.74 feet along the

southern limit of the existing project to the point of origin.

(B) The 15- and 35-foot deep channels beginning at

a point on the southern limit of the existing project,

N457163.41, E739903.49, thence running northerly about

111.99 feet to a point, N457275.37, E739900.76, thence

running westerly about 692.37 feet to a point N457303.40,

E739208.96, thence running southwesterly about 190.01

feet to another point on the southern limit of the existing

project, N457233.17, E739032.41, thence running easterly

about 873.87 feet along the southern limit of the existing

project to the point of origin.

(18) COCHECO RIVER, NEW HAMPSHIRE.—

(A) IN GENERAL.—The portion of the project for navigation, Cocheco River, New Hampshire, authorized by the

1st 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 September 19, 1890 (26 Stat. 436),

and consisting of a 7-foot deep channel that lies northerly

of a line the coordinates of which are N255292.31,

E713095.36, and N255334.51, E713138.01.

(B) MAINTENANCE DREDGING.—Not later than 18

months after the date of the enactment of this Act, the

Secretary shall perform maintenance dredging for the

remaining authorized portions of the Federal navigation

channel under the project described in subparagraph (A)

to restore authorized channel dimensions.

(19) MORRISTOWN HARBOR, NEW YORK.—The portion of the

project for navigation, Morristown Harbor, New York, authorized by the 1st section of the Act entitled ‘‘An Act authorizing

the construction, repair, and preservation of certain public

works on rivers and harbors, and for other purposes’’, approved

January 21, 1927 (44 Stat. 1014), that lies north of the northern

boundary of Morris Street extended.

(20) OSWEGATCHIE RIVER, OGDENSBURG, NEW YORK.—The

portion of the Federal channel of the project for navigation,
110 STAT. 3738 PUBLIC LAW 104–303—OCT. 12, 1996

Ogdensburg Harbor, New York, authorized by the 1st 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. 635), and modified by the 1st section of

the Act entitled ‘‘An Act authorizing the construction, repair,

and preservation of certain public works on rivers and harbors,

and for other purposes’’, approved August 30, 1935 (49 Stat.

1037), that is in the Oswegatchie River in Ogdensburg, New

York, from the southernmost alignment of the Route 68 bridge

upstream to the northernmost alignment of the Lake Street

bridge.

(21) CONNEAUT HARBOR, OHIO.—The most southerly 300

feet of the 1,670-foot long Shore Arm of the project for navigation, Conneaut Harbor, Ohio, authorized by the 1st 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. 653).

(22) LORAIN SMALL BOAT BASIN, LAKE ERIE, OHIO.—The

portion of the Federal navigation channel, Lorain Small Boat

Basin, Lake Erie, Ohio, authorized pursuant to section 107

of the River and Harbor Act of 1960 (33 U.S.C. 577) that

is situated in the State of Ohio, County of Lorain, Township

of Black River and is a part of Original Black River Township

Lot Number 1, Tract Number 1, further known as being submerged lands of Lake Erie owned by the State of Ohio, and

that is more definitely described as follows:

Commencing at a drill hole found on the centerline

of Lakeside Avenue (60 feet in width) at the intersection

of the centerline of the East Shorearm of Lorain Harbor,

that point being known as United States Corps of Engineers

Monument No. 203 (N658012.20, E208953.88).

Thence, in a line north 75 degrees 26 minutes 12

seconds west, a distance of 387.87 feet to a point

(N658109.73, E2089163.47). This point is hereinafter in

this paragraph referred to as the ‘‘principal point of beginning’’.

Thence, north 58 degrees 14 minutes 11 seconds west,

a distance of 50.00 feet to a point (N658136.05,

E2089120.96).

Thence, south 67 degrees 49 minutes 32 seconds west,

a distance of 665.16 feet to a point (N657885.00,

E2088505.00).

Thence, north 88 degrees 13 minutes 52 seconds west,

a distance of 551.38 feet to a point (N657902.02,

E2087953.88).

Thence, north 29 degrees 17 minutes 42 seconds east,

a distance of 114.18 feet to a point (N658001.60,

E2088009.75).

Thence, south 88 degrees 11 minutes 40 seconds east,

a distance of 477.00 feet to a point (N657986.57,

E2088486.51).

Thence, north 68 degrees 11 minutes 06 seconds east,

a distance of 601.95 feet to a point (N658210.26,

E2089045.35).
PUBLIC LAW 104–303—OCT. 12, 1996 110 STAT. 3739

Thence, north 35 degrees 11 minutes 34 seconds east,

a distance of 89.58 feet to a point (N658283.47,

E2089096.98).

Thence, south 20 degrees 56 minutes 30 seconds east,

a distance of 186.03 feet to the principal point of beginning

(N658109.73, E2089163.47) and containing within such

bounds 2.81 acres, more or less, of submerged land.

(23) APPONAUG COVE, RHODE ISLAND.—The following portion of the project for navigation, Apponaug Cove, Rhode Island,

authorized by section 101 of the River and Harbor Act of

1960 (74 Stat. 480), consisting of the 6-foot deep channel: Beginning at a point, N223269.93, E513089.12, thence running northwesterly to a point N223348.31, E512799.54, thence running

southwesterly to a point N223251.78, E512773.41, thence running southeasterly to a point N223178.00, E513046.00, thence

running northeasterly to the point of beginning.

(24) PORT WASHINGTON HARBOR, WISCONSIN.—The following

portion of the navigation project for Port Washington Harbor,

Wisconsin, authorized by the 1st section of the Act entitled

‘‘An Act making appropriations for the repair, preservation,

and completion of certain public works on rivers and harbors,

and for other purposes, for the fiscal year ending June thirtieth,

eighteen hundred and seventy-one’’, approved July 11, 1870

(16 Stat. 223): Beginning at the northwest corner of the project

at Channel Pt. No. 36, of the Federal Navigation Project, Port

Washington Harbor, Ozaukee County, Wisconsin, at coordinates

N513529.68, E2535215.64, thence 188 degrees 31 minutes 59

seconds, a distance of 178.32 feet, thence 196 degrees 47 minutes 17 seconds, a distance of 574.80 feet, thence 270 degrees

58 minutes 25 seconds, a distance of 465.50 feet, thence 178

degrees 56 minutes 17 seconds, a distance of 130.05 feet, thence

87 degrees 17 minutes 05 seconds, a distance of 510.22 feet,

thence 104 degrees 58 minutes 31 seconds, a distance of 178.33

feet, thence 115 degrees 47 minutes 55 seconds, a distance

of 244.15 feet, thence 25 degrees 12 minutes 08 seconds, a

distance of 310.00 feet, thence 294 degrees 46 minutes 50

seconds, a distance of 390.20 feet, thence 16 degrees 56 minutes

16 seconds, a distance of 570.90 feet, thence 266 degrees 01

minutes 25 seconds, a distance of 190.78 feet to Channel Pt.

No. 36, the point of beginning.

SEC. 365. MISSISSIPPI DELTA REGION, LOUISIANA.

The Mississippi Delta Region project, Louisiana, authorized

as part of the project for hurricane-flood protection on Lake Pontchartrain, Louisiana, by section 204 of the Flood Control Act of

1965 (79 Stat. 1077), is modified to direct the Secretary to provide

a credit to the State of Louisiana toward its non-Federal share

of the cost of the project. The credit shall be for the cost incurred

by the State in developing and relocating oyster beds to offset

the adverse impacts on active and productive oyster beds in the

Davis Pond project area. The credit shall be subject to such terms

and conditions as the Secretary deems necessary and shall not

exceed $7,500,000.

SEC. 366. MONONGAHELA RIVER, PENNSYLVANIA.

The Secretary may make available to the Southwestern Pennsylvania Growth Fund (a regional industrial development corporation) at no additional cost to the United States, dredged and

excavated materials resulting from construction of the new gated
110 STAT. 3740 PUBLIC LAW 104–303—OCT. 12, 1996

dam at Braddock, Pennsylvania, as part of the Locks and Dams

2, 3, and 4, Monongahela River, Pennsylvania, navigation project,

to support environmental restoration of the former United States

Steel Duquesne Works brownfield site—

(1) if the Pennsylvania Department of Environmental

Protection issues a ‘‘no further action’’ decision or a mitigation

plan for the site prior to a determination by the District Engineer, Pittsburgh District, that the dredged and excavated materials are available; and

(2) if the Southwestern Pennsylvania Growth Fund agrees

to hold and save the United States free from damages in

connection with use of the dredged and excavated materials,

except for damages due to the fault or negligence of the United

States or its contractors.

TITLE IV—STUDIES

SEC. 401. CORPS CAPABILITY STUDY, ALASKA.

Not later than 18 months after the date of the enactment

of this Act, the Secretary shall report to Congress on the advisability

and capability of the Corps of Engineers to implement rural sanitation projects for rural and Native villages in Alaska.

SEC. 402. RED RIVER, ARKANSAS.

The Secretary shall—

(1) conduct a study to determine the feasibility of carrying

out a project to permit navigation on the Red River in southwest

Arkansas; and

(2) in conducting the study, analyze economic benefits that

were not included in the limited economic analysis contained

in the reconnaissance report for the project dated November

1995.

SEC. 403. MCDOWELL MOUNTAIN, ARIZONA.

The Secretary shall credit toward the non-Federal share of

the cost of the feasibility study on the McDowell Mountain, Arizona,

project an amount equal to the cost of work performed by the

city of Scottsdale, Arizona, and accomplished prior to the city’s

entering into an agreement with the Secretary if the Secretary

determines that the work is necessary for the study.

SEC. 404. NOGALES WASH AND TRIBUTARIES, ARIZONA.

(a) STUDY.—The Secretary shall conduct a study of the relationship of flooding in Nogales, Arizona, and floodflows emanating

from Mexico.

(b) REPORT.—The Secretary shall transmit to Congress a report

on the results of the study conducted under subsection (a), together

with recommendations concerning the appropriate level of nonFederal participation in the project for flood control, Nogales Wash

and tributaries, Arizona, authorized by section 101(a)(4) of the

Water Resources Development Act of 1990 (104 Stat. 4606).

SEC. 405. GARDEN GROVE, CALIFORNIA.

The Secretary shall conduct a study to assess the feasibility

of implementing improvements in the regional flood control system

within Garden Grove, California.

Reports.

33 USC 1263

note.
PUBLIC LAW 104–303—OCT. 12, 1996 110 STAT. 3741

SEC. 406. MUGU LAGOON, CALIFORNIA.

(a) STUDY.—The Secretary shall conduct a study of the environmental impacts associated with sediment transport, floodflows, and

upstream watershed land use practices on Mugu Lagoon, California.

The study shall include an evaluation of alternatives for the restoration of the estuarine ecosystem functions and values associated

with Mugu Lagoon and the endangered and threatened species

inhabiting the area.

(b) CONSULTATION AND COORDINATION.—In conducting the

study, the Secretary shall consult with the Secretary of the Navy

and shall coordinate with State and local resource agencies to

ensure that the study is compatible with restoration efforts for

the Calleguas Creek watershed.

(c) REPORT.—Not later than 2 years after the date of the enactment of this Act, the Secretary shall transmit to Congress a report

on the results of the study.

SEC. 407. MURRIETA CREEK, RIVERSIDE COUNTY, CALIFORNIA.

The Secretary shall review the completed feasibility study of

the Riverside County Flood Control and Water Conservation District, including identified alternatives, concerning Murrieta Creek

from Temecula to Wildomar, Riverside County, California, to determine the Federal interest in participating in a project for flood

control.

SEC. 408. PINE FLAT DAM FISH AND WILDLIFE HABITAT RESTORATION,

CALIFORNIA.

The Secretary shall study the advisability of fish and wildlife

habitat improvement measures identified for further study by the

Pine Flat Dam Fish and Wildlife Habitat Restoration Investigation

Reconnaissance Report.

SEC. 409. SANTA YNEZ, CALIFORNIA.

(a) PLANNING.—Not later than 1 year after the date of the

enactment of this Act, the Secretary shall prepare a comprehensive

river basin management plan addressing the long-term ecological,

economic, and flood control needs of the Santa Ynez River Basin,

California. In preparing such plan, the Secretary shall consult with

the Santa Barbara Flood Control District and other affected local

governmental entities.

(b) TECHNICAL ASSISTANCE.—The Secretary shall provide technical assistance to the Santa Barbara Flood Control District with

respect to implementation of the plan to be prepared under subsection (a).

SEC. 410. SOUTHERN CALIFORNIA INFRASTRUCTURE.

(a) ASSISTANCE.—Section 116(d)(1) of the Water Resources

Development Act of 1990 (104 Stat. 4623) is amended—

(1) in the heading of paragraph (1) by inserting ‘‘AND

ASSISTANCE’’ after ‘‘STUDY’’; and

(2) by adding at the end the following: ‘‘In addition, the

Secretary shall provide technical assistance to non-Federal

interests in developing potential infrastructure projects. The

non-Federal share of the cost of the technical assistance shall

be 25 percent.’’.

(b) AUTHORIZATION OF APPROPRIATIONS.—Section 116(d)(3) of

such Act is amended by striking ‘‘$1,500,000’’ and inserting

‘‘$3,000,000’’.
110 STAT. 3742 PUBLIC LAW 104–303—OCT. 12, 1996

SEC. 411. STOCKTON, CALIFORNIA.

(a) BEAR CREEK DRAINAGE AND MORMON SLOUGH/CALAVERAS

RIVER.—The Secretary shall conduct a review of the Bear Creek

Drainage, San Joaquin County, California, and the Mormon Slough/

Calaveras River, California, projects for flood control authorized

by section 10 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.

901), to develop a comprehensive plan for additional flood damage

reduction measures for the city of Stockton, California, and

surrounding areas.

(b) FARMINGTON DAM, CALIFORNIA.—

(1) CONJUNCTIVE USE STUDY.—The Secretary shall continue

participation in the Stockton, California, Metropolitan Area

Flood Control Study, including an evaluation of the feasibility

of storage of water at Farmington Dam and implementation

of a conjunctive use plan.

(2) CONSULTATION.—In conducting the study, the Secretary

shall consult with the Stockton East Water District concerning

joint operation or potential transfer of Farmington Dam.

(3) REPORT.—Not later than 1 year after the date of the

enactment of this Act, the Secretary shall submit a report

to Congress—

(A) concerning the feasibility of a conjunctive use plan

using Farmington Dam for water storage; and

(B) containing recommendations on facility transfers

and operational alternatives.

(4) WITHOUT PROJECT CONDITION.—In conducting the Stockton, California, Metropolitan Area Flood Control Study, the

Secretary shall consider the physical flood control and water

supply facilities as they existed in January 1996 as the ‘‘without

project’’ condition.

SEC. 412. YOLO BYPASS, SACRAMENTO-SAN JOAQUIN DELTA, CALIFORNIA.

The Secretary shall study the advisability of acquiring land

in the vicinity of the Yolo Bypass in the Sacramento-San Joaquin

Delta, California, for the purpose of environmental mitigation for

the flood control project for Sacramento, California, and other water

resources projects in the area.

SEC. 413. WEST DADE, FLORIDA.

The Secretary shall conduct a reconnaissance study to determine the Federal interest in using the West Dade, Florida, reuse

facility to improve water quality in, and increase the supply of

surface water to, the Everglades in order to enhance fish and

wildlife habitat.

SEC. 414. SAVANNAH RIVER BASIN COMPREHENSIVE WATER

RESOURCES STUDY.

(a) IN GENERAL.—The Secretary shall conduct a comprehensive

study to address the current and future needs for flood damage

prevention and reduction, water supply, and other related water

resources needs in the Savannah River Basin.

(b) SCOPE.—The scope of the study shall be limited to an

analysis of water resources issues that fall within the traditional

civil works mission of the Corps of Engineers.
PUBLIC LAW 104–303—OCT. 12, 1996 110 STAT. 3743

(c) COORDINATION.—Notwithstanding subsection (b), the Secretary shall ensure that the study is coordinated with the Environmental Protection Agency and the ongoing watershed study of the

Savannah River Basin by the Agency.

SEC. 415. CHAIN OF ROCKS CANAL, ILLINOIS.

The Secretary shall complete a limited reevaluation of the

authorized St. Louis Harbor Project in the vicinity of the Chain

of Rocks Canal, Illinois, consistent with the authorized purposes

of that project, to include evacuation of waters collecting on the

land side of the Chain of Rocks Canal East Levee.

SEC. 416. QUINCY, ILLINOIS.

(a) STUDY.—The Secretary shall study and evaluate the critical

water infrastructure of the Fabius River Drainage District, the

South Quincy Drainage and Levee District, the Sny Island Levee

Drainage District, and the city of Quincy, Illinois—

(1) to determine if additional flood protection needs of

such infrastructure should be identified or implemented;

(2) to develop a definition of critical water infrastructure;

(3) to develop evaluation criteria; and

(4) to enhance existing geographic information system

databases to encompass relevant data that identify critical

water infrastructure for use in emergencies and in routine

operation and maintenance activities.

(b) CONSIDERATION OF OTHER STUDIES.—In conducting the

study under this section, the Secretary shall consider the recommendations of the Interagency Floodplain Management Committee Report, the findings of the Floodplain Management Assessment

of the Upper Mississippi River and Lower Missouri Rivers and

Tributaries, and other relevant studies and findings.

(c) REPORT.—Not later than 1 year after the date of the enactment of this Act, the Secretary shall transmit to Congress a report

on the results of the study, together with recommendations regarding each of the objectives of the study described in paragraphs

(1) through (4) of subsection (a).

SEC. 417. SPRINGFIELD, ILLINOIS.

The Secretary shall provide assistance to the city of Springfield,

Illinois, in developing—

(1) an environmental impact statement for the proposed

development of a water supply reservoir, including the preparation of necessary documentation in support of the environmental impact statement; and

(2) an evaluation of the technical, economic, and environmental impacts of such development.

SEC. 418. BEAUTY CREEK WATERSHED, VALPARAISO CITY, PORTER

COUNTY, INDIANA.

The Secretary shall conduct a study to assess the feasibility

of implementing streambank erosion control measures and flood

control measures within the Beauty Creek watershed, Valparaiso

City, Porter County, Indiana.

SEC. 419. GRAND CALUMET RIVER, HAMMOND, INDIANA.

(a) STUDY.—The Secretary shall conduct a study to establish

a methodology and schedule to restore the wetlands at Wolf Lake

and George Lake in Hammond, Indiana.
110 STAT. 3744 PUBLIC LAW 104–303—OCT. 12, 1996

(b) REPORT.—Not later than 1 year after the date of the enactment of this Act, the Secretary shall transmit to Congress a report

on the results of the study conducted under subsection (a).

SEC. 420. INDIANA HARBOR CANAL, EAST CHICAGO, LAKE COUNTY,

INDIANA.

The Secretary shall conduct a study of the feasibility of including environmental and recreational features, including a vegetation

buffer, as part of the project for navigation, Indiana Harbor Canal,

East Chicago, Lake County, Indiana, authorized by the 1st 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. 421. KOONTZ LAKE, INDIANA.

The Secretary shall conduct a study of the feasibility of

implementing measures to restore Koontz Lake, Indiana, including

measures to remove silt, sediment, nutrients, aquatic growth, and

other noxious materials from Koontz Lake, measures to improve

public access facilities to Koontz Lake, and measures to prevent

or abate the deposit of sediments and nutrients in Koontz Lake.

SEC. 422. LITTLE CALUMET RIVER, INDIANA.

(a) STUDY.—The Secretary shall conduct a study of the impacts

of the project for flood control, Little Calumet River, Indiana,

authorized by section 401(a) of the Water Resources Development

Act of 1986 (100 Stat. 4115), on flooding and water quality in

the vicinity of the Black Oak area of Gary, Indiana.

(b) REPORT.—Not later than 1 year after the date of the enactment of this Act, the Secretary shall transmit to Congress a report

on the results of the study conducted under subsection (a), together

with recommendations for cost-effective remediation of impacts

described in subsection (a).

(c) FEDERAL SHARE.—The Federal share of the cost of the

study to be conducted under subsection (a) shall be 100 percent.

SEC. 423. TIPPECANOE RIVER WATERSHED, INDIANA.

(a) STUDY.—The Secretary shall conduct a study of water quality and environmental restoration needs in the Tippecanoe River

watershed, Indiana, including measures necessary to reduce siltation in Lake Shafer and Lake Freeman.

(b) ASSISTANCE.—The Secretary shall provide technical, planning, and design assistance to the Shafer and Freeman Lakes

Environmental Conservation Corporation in addressing potential

environmental restoration activities determined appropriate as a

result of the study conducted under subsection (a).

SEC. 424. CALCASIEU RIVER, HACKBERRY, LOUISIANA.

The Secretary shall incorporate the portion of the Calcasieu

River in the vicinity of Hackberry, Louisiana, as part of the overall

study of the Lake Charles ship channel, bypass channel, and general

anchorage area in Louisiana, to explore the possibility of constructing additional anchorage areas.

SEC. 425. MORGANZA, LOUISIANA, TO GULF OF MEXICO.

(a) STUDY.—

(1) IN GENERAL.—The Secretary shall conduct a study of

the environmental, flood control, and navigational impacts associated
PUBLIC LAW 104–303—OCT. 12, 1996 110 STAT. 3745

with the construction of a lock structure in the Houma

Navigation Canal as an independent feature of the overall

flood damage prevention study being conducted under the

Morganza, Louisiana, to the Gulf of Mexico feasibility study.

(2) CONSIDERATIONS.—In conducting the study under paragraph (1), the Secretary shall—

(A) consult with the South Terrebonne Tidewater

Management and Conservation District and consider the

District’s Preliminary Design Document dated February

1994; and

(B) evaluate the findings of the Louisiana Coastal Wetlands Conservation and Restoration Task Force, established

under the Coastal Wetlands Planning, Protection and Restoration Act (16 U.S.C. 3951 et seq.), relating to the lock

structure.

(b) REPORT.—Not later than 6 months after the date of the

enactment of this Act, the Secretary shall transmit to Congress

a report on the results of the study conducted under subsection

(a), together with recommendations for immediate implementation

of the study.

SEC. 426. HURON RIVER, MICHIGAN.

The Secretary shall conduct a study to determine the feasibility

of and need for channel improvements and associated modifications

for the purpose of providing a harbor of refuge at Huron River,

Michigan.

SEC. 427. CITY OF NORTH LAS VEGAS, CLARK COUNTY, NEVADA.

The Secretary shall conduct a reconnaissance study to determine the Federal interest in channel improvements in channel

A of the North Las Vegas Wash in the city of North Las Vegas,

Clark County, Nevada, for the purpose of flood control.

SEC. 428. LOWER LAS VEGAS WASH WETLANDS, CLARK COUNTY,

NEVADA.

The Secretary shall conduct a study to determine the advisability of wetland restoration and the feasibility of erosion control

in the Lower Las Vegas Wash, Nevada.

SEC. 429. NORTHERN NEVADA.

The Secretary shall conduct reconnaissance studies, in the State

of Nevada, of—

(1) the Humboldt River and its tributaries and outlets;

(2) the Truckee River and its tributaries and outlets;

(3) the Carson River and its tributaries and outlets; and

(4) the Walker River and its tributaries and outlets,

in order to determine the Federal interest in flood control, environmental restoration, conservation of fish and wildlife, recreation,

water conservation, water quality, and toxic and radioactive waste.

SEC. 430. SACO RIVER, NEW HAMPSHIRE.

The Secretary shall conduct a study of flooding problems along

the Saco River in Hart’s Location, New Hampshire, for the purpose

of evaluating retaining walls, berms, and other structures with

a view to potential solutions involving repair or replacement of

existing structures. In conducting the study, the Secretary shall

also consider other alternatives for flood damage reduction.
110 STAT. 3746 PUBLIC LAW 104–303—OCT. 12, 1996

SEC. 431. BUFFALO RIVER GREENWAY, NEW YORK.

The Secretary shall conduct a study to determine the feasibility

of a potential greenway trail project along the Buffalo River between

the park system of the city of Buffalo, New York, and Lake Erie.

Such study may include preparation of an integrated plan of development that takes into consideration the adjacent parks, nature

preserves, bikeways, and related recreational facilities.

SEC. 432. COEYMANS, NEW YORK.

The Secretary shall conduct a reconnaissance study to determine the Federal interest in reopening the secondary channel of

the Hudson River in the town of Coeymans, New York, which

has been narrowed by silt as a result of the construction of

Coeymans middle dike by the Corps of Engineers.

SEC. 433. NEW YORK BIGHT AND HARBOR STUDY.

Section 326(f) of the Water Resources Development Act of 1992

(106 Stat. 4851) is amended by striking ‘‘$1,000,000’’ and inserting

‘‘$3,000,000’’.

SEC. 434. PORT OF NEWBURGH, NEW YORK.

The Secretary shall conduct a study of the feasibility of carrying

out improvements for navigation at the port of Newburgh, New

York.

SEC. 435. PORT OF NEW YORK-NEW JERSEY 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.

SEC. 436. SHINNECOCK INLET, NEW YORK.

Not later than 2 years after the date of the enactment of

this Act, the Secretary shall conduct a reconnaissance study in

Shinnecock Inlet, New York, to determine the feasibility of constructing a sand bypass system, or other appropriate alternative,

for the purposes of allowing sand to flow in its natural east-towest pattern and preventing the further erosion of the beaches

west of the inlet and the shoaling of the inlet.

SEC. 437. CHAGRIN RIVER, OHIO.

The Secretary shall conduct a study of flooding problems along

the Chagrin River in Eastlake, Ohio. In conducting such study,

the Secretary shall evaluate potential solutions to flooding from

all sources, including that resulting from ice jams, and shall evaluate the feasibility of a sedimentation collection pit and other potential measures to reduce flooding.

SEC. 438. CUYAHOGA RIVER, OHIO.

The Secretary shall conduct a study to evaluate the integrity

of the bulkhead system located on the Federal channel along the

Cuyahoga River in the vicinity of Cleveland, Ohio, and shall provide

to the non-Federal interest an analysis of costs and repairs of

the bulkhead system.

33 USC 2267

note.
PUBLIC LAW 104–303—OCT. 12, 1996 110 STAT. 3747

SEC. 439. COLUMBIA SLOUGH, OREGON.

Not later than 2 years after the date of the enactment of

this Act, the Secretary, in consultation with the Administrator

of the Environmental Protection Agency, shall complete a feasibility

study for the ecosystem restoration project at Columbia Slough,

Oregon.

SEC. 440. CHARLESTON, SOUTH CAROLINA.

The Secretary shall conduct a study of the Charleston estuary

area located in Charleston, Berkeley, and Dorchester Counties,

South Carolina, for the purpose of evaluating environmental conditions in the tidal reaches of the Ashley, Cooper, Stono, and Wando

Rivers and the lower portions of Charleston Harbor.

SEC. 441. OAHE DAM TO LAKE SHARPE, SOUTH DAKOTA.

The Secretary shall investigate potential solutions to the recurring flooding and related problems in the vicinity of Pierre and

Ft. Pierre, South Dakota, caused by sedimentation in Lake Sharpe.

The potential solutions to be investigated shall include lowering

of the lake level and sediment agitation to allow for resuspension

and movement of the sediment. The investigation shall include

development of a comprehensive solution which includes consideration of structural and nonstructural measures upstream from the

lake consisting of land treatment, sediment retention structures,

and such other measures as the Secretary determines to be appropriate.

SEC. 442. MUSTANG ISLAND, CORPUS CHRISTI, TEXAS.

The Secretary shall conduct a study of navigation along the

south-central coast of Texas near Corpus Christi for the purpose

of determining the feasibility of constructing and maintaining the

Packery Channel on the southern portion of Mustang Island.

SEC. 443. PRINCE WILLIAM COUNTY, VIRGINIA.

The Secretary shall conduct a study of flooding, erosion, and

other water resources problems in Prince William County, Virginia,

including an assessment of wetland protection, erosion control, and

flood damage reduction needs of the county.

SEC. 444. PACIFIC REGION.

The Secretary may conduct studies in the interest of navigation

in that part of the Pacific region that includes American Samoa,

Guam, and the Commonwealth of the Northern Mariana Islands.

SEC. 445. FINANCING OF INFRASTRUCTURE NEEDS OF SMALL AND

MEDIUM PORTS.

(a) STUDY.—The Secretary shall study the feasibility of alternative financing mechanisms for ensuring adequate funding for

the infrastructure needs of small and medium ports.

(b) MECHANISMS TO BE STUDIED.—Mechanisms to be studied

under subsection (a) shall include the establishment of revolving

loan funds.

(c) REPORT.—Not later than 6 months after the date of the

enactment of this Act, the Secretary shall transmit to Congress

a report containing the results of the study conducted under subsection (a).
110 STAT. 3748 PUBLIC LAW 104–303—OCT. 12, 1996

SEC. 446. EVALUATION OF BEACH MATERIAL.

(a) IN GENERAL.—The Secretary and the Secretary of the

Interior shall evaluate procedures and requirements used in the

selection and approval of materials to be used in the restoration

and nourishment of beaches. Such evaluation shall address the

potential effects of changing existing procedures and requirements

on the implementation of beach restoration and nourishment

projects and on the aquatic environment.

(b) CONSULTATION.—In conducting the evaluation under this

section, the Secretaries shall consult with appropriate Federal and

State agencies.

(c) REPORT.—Not later than 6 months after the date of the

enactment of this Act, the Secretaries shall transmit a report to

Congress on their findings under this section.

(d) EFFECT ON AUTHORITY OF SECRETARY OF THE INTERIOR.— Nothing in this section is intended to affect the authority of the

Secretary of the Interior under section 8(k) of the Outer Continental

Shelf Lands Act (43 U.S.C. 1337(k)).

TITLE V—MISCELLANEOUS PROVISIONS

SEC. 501. LAND CONVEYANCES.

(a) VILLAGE CREEK, ALABAMA.—

(1) IN GENERAL.—Upon a determination by the Secretary

that construction of facilities associated with a commercial

enterprise is not inconsistent with the operation of the project

for flood control, Village Creek, Alabama, authorized by section

410(a) of the Water Resources Development Act of 1986 (100

Stat. 4111), the non-Federal interest with respect to the project

may sell to private interests a parcel of land consisting of

approximately 18 acres for the purpose of constructing facilities

associated with a commercial enterprise.

(2) LAND DESCRIPTION.—The land to be conveyed under

paragraph (1) shall consist of approximately 43 individual tracts

that are bounded on the west by Coosa Street, on the south

by 16th Avenue North, on the east by Tallapoosa Street, and

on the north by the northern boundary of lands acquired for

the project.

(3) FACILITIES.—The facilities shall be constructed in

accordance with local floodplain ordinances and shall not

increase flood risks of other residents in the Village Creek

floodplain.

(4) REIMBURSEMENT.—The non-Federal interest shall

reimburse the Secretary the Federal cost of acquiring the lands

to be conveyed, including relocation assistance, demolition of

structures, and administrative costs.

(5) REMAINING LANDS.—All remaining lands acquired for

the Village Creek flood control project shall remain in public

ownership and shall be used solely for recreation purposes

or maintained as open space.

(b) OAKLAND INNER HARBOR TIDAL CANAL PROPERTY, CALIFORNIA.—Section 205 of the Water Resources Development Act of 1990

(104 Stat. 4633) is amended—

(1) by inserting after paragraph (2) the following:

‘‘(3) To adjacent land owners, the United States title to

all or portions of that part of the Oakland Inner Harbor Tidal
PUBLIC LAW 104–303—OCT. 12, 1996 110 STAT. 3749

Canal that are located within the boundaries of the city in

which such canal rests. Such conveyance shall be at fair market

value.’’;

(2) by inserting after ‘‘right-of-way’’ the following: ‘‘or other

rights considered necessary by the Secretary’’; and

(3) by adding at the end the following: ‘‘The conveyances

and processes involved shall be at no cost to the United States.’’.

(c) MARIEMONT, OHIO.—

(1) IN GENERAL.—The Secretary shall convey to the village

of Mariemont, Ohio, at fair market value all right, title, and

interest of the United States in and to a parcel of land (including improvements to the parcel) under the jurisdiction of the

Corps of Engineers, known as the ‘‘Ohio River Division Laboratory’’, and described in paragraph (4).

(2) TERMS AND CONDITIONS.—The conveyance under paragraph (1) shall be subject to such terms and conditions as

the Secretary considers necessary and appropriate to protect

the interests of the United States.

(3) PROCEEDS.—All proceeds from the conveyance under

paragraph (1) shall be deposited in the general fund of the

Treasury of the United States and credited as miscellaneous

receipts.

(4) PROPERTY DESCRIPTION.—The parcel of land referred

to in paragraph (1) is the parcel situated in the State of Ohio,

County of Hamilton, Township 4, Fractional Range 2, Miami

Purchase, Columbia Township, Section 15, being parts of Lots

5 and 6 of the subdivision of the dower tract of the estate

of Joseph Ferris as recorded in Plat Book 4, Page 112, of

the Plat Records of Hamilton County, Ohio, Recorder’s Office,

and more particularly described as follows:

Beginning at an iron pin set to mark the intersection

of the easterly line of Lot 5 of said subdivision of said

dower tract with the northerly line of the right-of-way

of the Norfolk and Western Railway Company as shown

in Plat Book 27, Page 182, Hamilton County, Ohio, Surveyor’s Office.

Thence with said northerly right-of-way line south 70

degrees, 10 minutes, 13 seconds west 258.52 feet to a

point.

Thence leaving the northerly right-of-way of the Norfolk and Western Railway Company north 18 degrees, 22

minutes, 02 seconds west 302.31 feet to a point in the

south line of Mariemont Avenue.

Thence along said south line north 72 degrees, 34

minutes, 35 seconds east 167.50 feet to a point.

Thence leaving the south line of Mariemont Avenue

north 17 degrees, 25 minutes, 25 seconds west 49.00 feet

to a point.

Thence north 72 degrees, 34 minutes, 35 seconds east

100.00 feet to a point.

Thence south 17 degrees, 25 minutes, 25 seconds east

49.00 feet to a point.

Thence north 72 degrees, 34 minutes, 35 seconds east

238.90 feet to a point.

Thence south 00 degrees, 52 minutes, 07 seconds east

297.02 feet to a point in the northerly line of the Norfolk

and Western Railway Company.
110 STAT. 3750 PUBLIC LAW 104–303—OCT. 12, 1996

Thence with said northerly right-of-way south 70

degrees, 10 minutes, 13 seconds west 159.63 feet to a

point of beginning, containing 3.22 acres, more or less.

(d) PIKE ISLAND LOCKS AND DAM, OHIO.—

(1) IN GENERAL.—Subject to this subsection, the Secretary

shall convey by quitclaim deed to the city of Steubenville,

Ohio, all right, title, and interest of the United States in and

to the approximately 12 acres of land located at the Pike

Island Locks and Dam, together with any improvements on

the land.

(2) TERMS AND CONDITIONS.—The conveyance by the United

States under this subsection shall be subject to such terms

and conditions as the Secretary considers appropriate to protect

the interests of the United States.

(3) LEGAL DESCRIPTION OF REAL PROPERTY AND PAYMENT

OF COSTS.—The exact acreage and legal description of the real

property described in paragraph (1) shall be determined by

a survey that is satisfactory to the Secretary. The cost of

the survey shall be borne by the city of Steubenville. The

city shall also be responsible for any other costs associated

with the conveyance authorized by this subsection.

(4) CONSIDERATION OF CERTAIN PROPERTIES.—Properties to

be conveyed under this subsection that will be retained in

public ownership and used for public park and recreation or

other public purposes shall be conveyed without consideration.

If any such property is no longer used for public park and

recreation or other public purposes, title to such property shall

revert to the Secretary.

(e) SHENANGO RIVER LAKE PROJECT, OHIO.—

(1) IN GENERAL.—Subject to this subsection, the Secretary

shall convey by quitclaim deed to the Kinsman Township,

Trumbull County, Ohio, all right, title, and interest of the

United States in and to a parcel of land located at the Shenango

River Lake project consisting of approximately 1 acre, together

with any improvements on the land.

(2) TERMS AND CONDITIONS.—The conveyance by the United

States under this subsection shall be subject to such terms

and conditions as the Secretary considers appropriate to protect

the interests of the United States.

(3) LEGAL DESCRIPTION OF REAL PROPERTY AND PAYMENT

OF COSTS.—The exact acreage and legal description of the real

property described in paragraph (1) shall be determined by

a survey that is satisfactory to the Secretary. The cost of

the survey shall be borne by the Kinsman Township. The

township shall also be responsible for any other costs associated

with the conveyance authorized by this subsection.

(4) CONSIDERATION OF CERTAIN PROPERTIES.—Properties to

be conveyed under this subsection that will be retained in

public ownership and used for public park and recreation or

other public purposes shall be conveyed without consideration.

If any such property is no longer used for public park and

recreation or other public purposes, title to such property shall

revert to the Secretary.

(f) EUFAULA LAKE, OKLAHOMA.—

(1) IN GENERAL.—The Secretary shall convey to the city

of Eufaula, Oklahoma, all right, title, and interest of the United
PUBLIC LAW 104–303—OCT. 12, 1996 110 STAT. 3751

States in and to a parcel of land consisting of approximately

12.5 acres located at the Eufaula Lake project.

(2) CONSIDERATION.—Consideration for the conveyance

under paragraph (1) shall be the fair market value of the

parcel (as determined by the Secretary) and payment of all

costs of the United States in making the conveyance, including

the costs of—

(A) the surveys required under paragraphs (3) and

(4);

(B) any other necessary survey or survey

monumentation;

(C) compliance with the National Environmental Policy

Act of 1969 (42 U.S.C. 4321 et seq.); and

(D) any coordination necessary with respect to requirements relating to endangered species, cultural resources,

and clean air (including the costs of agency consultation

and public hearings).

(3) LAND SURVEYS.—The exact acreage and description of

the parcel to be conveyed under paragraph (1) shall be determined by such surveys as the Secretary considers necessary.

Such surveys shall be carried out to the satisfaction of the

Secretary.

(4) ENVIRONMENTAL BASELINE SURVEY.—Prior to making

the conveyance under paragraph (1), the Secretary shall conduct

an environmental baseline survey to determine the levels of

any contamination (as of the date of the survey) for which

the United States would be responsible under the Comprehensive Environmental Response, Compensation, and Liability Act

of 1980 (42 U.S.C. 9601 et seq.) and any other applicable

law.

(5) CONDITIONS CONCERNING RIGHTS AND EASEMENT.—The

conveyance under paragraph (1) shall be subject to existing

rights and to retention by the United States of a flowage

easement over all portions of the parcel that lie at or below

the flowage easement contour for the Eufaula Lake project.

(6) OTHER TERMS AND CONDITIONS.—The conveyance under

paragraph (1) shall be subject to such other terms and conditions as the Secretary considers necessary and appropriate

to protect the interests of the United States.

(g) BOARDMAN, OREGON.—

(1) IN GENERAL.—The Secretary shall convey to the city

of Boardman, Oregon, all right, title, and interest of the United

States in and to a parcel of land consisting of approximately

141 acres acquired as part of the John Day Lock and Dam

project in the vicinity of such city currently under lease to

the Boardman Park and Recreation District.

(2) CONSIDERATION.—

(A) PARK AND RECREATION PROPERTIES.—Properties to

be conveyed under this subsection that will be retained

in public ownership and used for public park and recreation

purposes shall be conveyed without consideration. If any

such property is no longer used for public park and recreation purposes, title to such property shall revert to the

Secretary.

(B) OTHER PROPERTIES.—Properties to be conveyed

under this subsection and not described in subparagraph

(A) shall be conveyed at fair market value.
110 STAT. 3752 PUBLIC LAW 104–303—OCT. 12, 1996

(3) CONDITIONS CONCERNING RIGHTS AND EASEMENT.—The

conveyance of properties under this subsection shall be subject

to existing first rights of refusal regarding acquisition of the

properties and to retention of a flowage easement over portions

of the properties that the Secretary determines to be necessary

for operation of the project.

(4) OTHER TERMS AND CONDITIONS.—The conveyance of

properties under this subsection shall be subject to such other

terms and conditions as the Secretary considers necessary and

appropriate to protect the interests of the United States.

(h) BENBROOK LAKE, TEXAS.—

(1) IN GENERAL.—The Secretary shall convey all right, title,

and interest of the United States in and to a parcel of real

property located at Longhorn Park, also known as ‘‘Pecan Valley

Park’’, Benbrook Lake, Benbrook, Texas, consisting of approximately 50 acres.

(2) CONSIDERATION.—Consideration for the conveyance

under paragraph (1) shall be the fair market value of the

real property as determined by the Secretary. All costs associated with the conveyance under paragraph (1) and such other

costs as the Secretary considers appropriate shall be borne

by the purchaser.

(3) DESCRIPTION OF PROPERTY.—The exact acreage and

legal description of the parcel of real property to be conveyed

under paragraph (1) shall be determined by a survey satisfactory to the Secretary. The cost of the survey shall be borne

by the purchaser.

(4) ADDITIONAL TERMS.—The Secretary may require such

additional terms and conditions in connection with the conveyance under paragraph (1) as the Secretary considers appropriate to protect the interests of the United States.

(5) COMPLIANCE WITH NATIONAL ENVIRONMENTAL POLICY

ACT.—Prior to the conveyance of property under paragraph

(1), the Secretary shall ensure that the conveyance complies

with the National Environmental Policy Act of 1969 (42 U.S.C.

4321 et seq.).

(i) TRI-CITIES AREA, WASHINGTON.—

(1) GENERAL AUTHORITY.—As soon as practicable after the

date of the enactment of this Act, the Secretary shall make

the conveyances to the local governments referred to in paragraph (2) of all right, title, and interest of the United States

in and to the property described in paragraph (2).

(2) PROPERTY DESCRIPTIONS.—

(A) BENTON COUNTY, WASHINGTON.—The property to

be conveyed pursuant to paragraph (1) to Benton County,

Washington, is the property in such county that is designated ‘‘Area D’’ on Exhibit A to Army Lease No. DACW–

68–1–81–43.

(B) FRANKLIN COUNTY, WASHINGTON.—The property to

be conveyed pursuant to paragraph (1) to Franklin County,

Washington, is—

(i) the 105.01 acres of property leased pursuant

to Army Lease No. DACW–68–1–77–20 as executed

by Franklin County, Washington, on April 7, 1977;

(ii) the 35 acres of property leased pursuant to

Supplemental Agreement No. 1 to Army Lease No.

DACW–68–1–77–20;
PUBLIC LAW 104–303—OCT. 12, 1996 110 STAT. 3753

(iii) the 20 acres of property commonly known

as ‘‘Richland Bend’’, which is designated by the shaded

portion of Lot 1, Section 11, and the shaded portion

of Lot 1, Section 12, Township 9 North, Range 28

East, W.M. on Exhibit D to Supplemental Agreement

No. 2 to Army Lease No. DACW–68–1–77–20;

(iv) the 7.05 acres of property commonly known

as ‘‘Taylor Flat’’, which is designated by the shaded

portion of Lot 1, Section 13, Township 11 North, Range

28 East, W.M. on Exhibit D to Supplemental Agreement No. 2 to Army Lease No. DACW–68–1–77–20;

(v) the 14.69 acres of property commonly known

as ‘‘Byers Landing’’, which is designated by the shaded

portion of Lots 2 and 3, Section 2, Township 10 North,

Range 28 East, W.M. on Exhibit D to Supplemental

Agreement No. 2 to Army Lease No. DACW–68–1–

77–20; and

(vi) all levees within Franklin County, Washington,

as of the date of the enactment of this Act, and the

property on which the levees are situated.

(C) CITY OF KENNEWICK, WASHINGTON.—The property

to be conveyed pursuant to paragraph (1) to the city of

Kennewick, Washington, is the property in the city that

is subject to the Municipal Sublease Agreement entered

into on April 6, 1989, between Benton County, Washington,

and the cities of Kennewick and Richland, Washington.

(D) CITY OF RICHLAND, WASHINGTON.—The property

to be conveyed pursuant to paragraph (1) to the city of

Richland, Washington, is the property in the city that

is subject to the Municipal Sublease Agreement entered

into on April 6, 1989, between Benton County, Washington,

and the cities of Kennewick and Richland, Washington.

(E) CITY OF PASCO, WASHINGTON.—The property to be

conveyed pursuant to paragraph (1) to the city of Pasco,

Washington, is—

(i) the property in the city of Pasco, Washington,

that is leased pursuant to Army Lease No. DACW–

68–1–77–10; and

(ii) all levees in the city, as of the date of the

enactment of this Act, and the property on which the

levees are situated.

(F) PORT OF PASCO, WASHINGTON.—The property to be

conveyed pursuant to paragraph (1) to the Port of Pasco,

Washington, is—

(i) the property owned by the United States that

is south of the Burlington Northern Railroad tracks

in Lots 1 and 2, Section 20, Township 9 North, Range

31 East, W.M.; and

(ii) the property owned by the United States that

is south of the Burlington Northern Railroad tracks

in Lots 1, 2, 3, and 4, in each of Sections 21, 22,

and 23, Township 9 North, Range 31 East, W.M.

(G) ADDITIONAL PROPERTIES.—In addition to properties

described in subparagraphs (A) through (F), the Secretary

may convey to a local government referred to in subparagraphs (A) through (F) such properties under the jurisdiction of the Secretary in the Tri-Cities area as the Secretary
110 STAT. 3754 PUBLIC LAW 104–303—OCT. 12, 1996

and the local government agree are appropriate for conveyance.

(3) TERMS AND CONDITIONS.— (A) IN GENERAL.—The conveyances under paragraph

(1) shall be subject to such terms and conditions, including

payment of reasonable administrative costs, as the Secretary considers necessary and appropriate to protect the

interests of the United States.

(B) SPECIAL RULE FOR FRANKLIN COUNTY.—The property described in paragraph (2)(B)(vi) shall be conveyed

only after Franklin County, Washington, has entered into

a written agreement with the Secretary that provides that

the United States shall continue to operate and maintain

the flood control drainage areas and pump stations on

the property conveyed and that the United States shall

be provided all easements and rights necessary to carry

out that agreement.

(C) SPECIAL RULE FOR CITY OF PASCO.—The property

described in paragraph (2)(E)(ii) shall be conveyed only

after the city of Pasco, Washington, has entered into a

written agreement with the Secretary that provides that

the United States shall continue to operate and maintain

the flood control drainage areas and pump stations on

the property conveyed and that the United States shall

be provided all easements and rights necessary to carry

out that agreement.

(D) CONSIDERATION.—

(i) PARK AND RECREATION PROPERTIES.—Properties

to be conveyed under this subsection that will be

retained in public ownership and used for public park

and recreation purposes shall be conveyed without

consideration. If any such property is no longer used

for public park and recreation purposes, title to such

property shall revert to the Secretary.

(ii) OTHER PROPERTIES.—Properties to be conveyed

under this subsection and not described in clause (i)

shall be conveyed at fair market value.

(4) LAKE WALLULA LEVEES.—

(A) DETERMINATION OF MINIMUM SAFE HEIGHT.—

(i) CONTRACT.—Not later than 30 days after the

date of the enactment of this Act, the Secretary shall

contract with a private entity agreed to under clause

(ii) to determine, within 6 months after that date,

the minimum safe height for the levees of the project

for flood control, Lake Wallula, Washington. The Secretary shall have final approval of the minimum safe

height.

(ii) AGREEMENT OF LOCAL OFFICIALS.—A contract

shall be entered into under clause (i) only with a

private entity agreed to by the Secretary, appropriate

representatives of Franklin County, Washington, and

appropriate representatives of the city of Pasco,

Washington.

(B) AUTHORITY.—A local government may reduce, at

its cost, the height of any levee of the project for flood

control, Lake Wallula, Washington, within the boundaries

of the area under the jurisdiction of such local government
PUBLIC LAW 104–303—OCT. 12, 1996 110 STAT. 3755

to a height not lower than the minimum safe height determined pursuant to subparagraph (A).

(j) APPLICABILITY OF OTHER LAWS.—Any contract for sale, deed,

or other transfer of real property under this section shall be carried

out in compliance with all applicable provisions of section 120(h)

of the Comprehensive Environmental Response, Compensation, and

Liability Act of 1980 (42 U.S.C. 9620(h)) and other environmental

laws.

SEC. 502. NAMINGS.

(a) MILT BRANDT VISITORS CENTER, CALIFORNIA.—

(1) DESIGNATION.—The visitors center at Warm Springs

Dam, California, authorized by section 203 of the Flood Control

Act of 1962 (76 Stat. 1192), shall be known and designated

as the ‘‘Milt Brandt Visitors Center’’.

(2) LEGAL REFERENCES.—Any reference in a law, map, regulation, document, paper, or other record of the United States

to the visitors center referred to in paragraph (1) shall be

deemed to be a reference to the ‘‘Milt Brandt Visitors Center’’.

(b) CARR CREEK LAKE, KENTUCKY.—

(1) DESIGNATION.—Carr Fork Lake in Knott County, Kentucky, authorized by section 203 of the Flood Control Act of

1962 (76 Stat. 1188), shall be known and designated as ‘‘Carr

Creek Lake’’.

(2) LEGAL REFERENCES.—Any reference in a law, map, regulation, document, paper, or other record of the United States

to the lake referred to in paragraph (1) shall be deemed to

be a reference to ‘‘Carr Creek Lake’’.

(c) JOHN T. MYERS LOCK AND DAM, INDIANA AND KENTUCKY.—

(1) DESIGNATION.—Uniontown Lock and Dam, on the Ohio

River, Indiana and Kentucky, shall be known and designated

as the ‘‘John T. Myers Lock and Dam’’.

(2) LEGAL REFERENCES.—Any reference in a law, map, regulation, document, paper, or other record of the United States

to the lock and dam referred to in paragraph (1) shall be

deemed to be a reference to the ‘‘John T. Myers Lock and

Dam’’.

(d) J. EDWARD ROUSH LAKE, INDIANA.—

(1) REDESIGNATION.—The lake on the Wabash River in

Huntington and Wells Counties, Indiana, authorized by section

203 of the Flood Control Act of 1958 (72 Stat. 312), and known

as Huntington Lake, shall be known and designated as the

‘‘J. Edward Roush Lake’’.

(2) LEGAL REFERENCES.—Any reference in a law, map, regulation, document, paper, or other record of the United States

to the lake referred to in paragraph (1) shall be deemed to

be a reference to the ‘‘J. Edward Roush Lake’’.

(e) RUSSELL B. LONG LOCK AND DAM, RED RIVER WATERWAY,

LOUISIANA.—

(1) DESIGNATION.—Lock and Dam 4 of the Red River Waterway, Louisiana, shall be known and designated as the ‘‘Russell

B. Long Lock and Dam’’.

(2) LEGAL REFERENCES.—Any reference in a law, map, regulation, document, paper, or other record of the United States

to the lock and dam referred to in paragraph (1) shall be

deemed to be a reference to the ‘‘Russell B. Long Lock and

Dam’’.
110 STAT. 3756 PUBLIC LAW 104–303—OCT. 12, 1996

(f) LOCKS AND DAMS ON TENNESSEE-TOMBIGBEE WATERWAY.— (1) DESIGNATIONS.—The following locks, and locks and

dams, on the Tennessee-Tombigbee Waterway, located in the

States of Alabama, Kentucky, Mississippi, and Tennessee, are

designated as follows:

(A) Gainesville Lock and Dam at Mile 266 designated

as Howell Heflin Lock and Dam.

(B) Columbus Lock and Dam at Mile 335 designated

as John C. Stennis Lock and Dam.

(C) The lock and dam at Mile 358 designated as

Aberdeen Lock and Dam.

(D) Lock A at Mile 371 designated as Amory Lock.

(E) Lock B at Mile 376 designated as Glover Wilkins

Lock.

(F) Lock C at Mile 391 designated as Fulton Lock.

(G) Lock D at Mile 398 designated as John Rankin

Lock.

(H) Lock E at Mile 407 designated as G.V. ‘‘Sonny’’

Montgomery Lock.

(I) Bay Springs Lock and Dam at Mile 412 designated

as Jamie Whitten Lock and Dam.

(2) LEGAL REFERENCES.—Any reference in a law, map, regulation, document, paper, or other record of the United States

to a lock, or lock and dam, referred to in paragraph (1) shall

be deemed to be a reference to the designation for the lock,

or lock and dam, provided in such paragraph.

SEC. 503. WATERSHED MANAGEMENT, RESTORATION, AND DEVELOPMENT.

(a) IN GENERAL.—The Secretary may provide technical, planning, and design assistance to non-Federal interests for carrying

out watershed management, restoration, and development projects

at the locations described in subsection (d).

(b) SPECIFIC MEASURES.—Assistance provided under subsection

(a) may be in support of non-Federal projects for the following

purposes:

(1) Management and restoration of water quality.

(2) Control and remediation of toxic sediments.

(3) Restoration of degraded streams, rivers, wetlands, and

other waterbodies to their natural condition as a means to

control flooding, excessive erosion, and sedimentation.

(4) Protection and restoration of watersheds, including

urban watersheds.

(5) Demonstration of technologies for nonstructural measures to reduce destructive impacts of flooding.

(c) NON-FEDERAL SHARE.—The non-Federal share of the cost

of assistance provided under subsection (a) shall be 50 percent.

(d) PROJECT LOCATIONS.—The Secretary may provide assistance

under subsection (a) for projects at the following locations:

(1) Gila River and Tributaries, Santa Cruz River, Arizona.

(2) Rio Salado, Salt River, Phoenix and Tempe, Arizona.

(3) Colusa basin, California.

(4) Los Angeles River watershed, California.

(5) Napa Valley watershed, California.

(6) Russian River watershed, California.

(7) Sacramento River watershed, California.

(8) San Pablo Bay watershed, California.
PUBLIC LAW 104–303—OCT. 12, 1996 110 STAT. 3757

(9) Santa Clara Valley watershed, California.

(10) Nancy Creek, Utoy Creek, and North Peachtree Creek

and South Peachtree Creek basin, Georgia.

(11) Lower Platte River watershed, Nebraska.

(12) Juniata River watershed, Pennsylvania, including

Raystown Lake.

(13) Upper Potomac River watershed, Grant and Mineral

Counties, West Virginia.

(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated to carry out this section $15,000,000.

SEC. 504. ENVIRONMENTAL INFRASTRUCTURE.

Section 219 of the Water Resources Development Act of 1992

(106 Stat. 4836–4837) is amended by adding at the end the following:

‘‘(e) AUTHORIZATION OF APPROPRIATIONS FOR CONSTRUCTION

ASSISTANCE.—There are authorized to be appropriated for providing

construction assistance under this section—

‘‘(1) $10,000,000 for the project described in subsection

(c)(5);

‘‘(2) $2,000,000 for the project described in subsection (c)(6);

‘‘(3) $10,000,000 for the project described in subsection

(c)(7);

‘‘(4) $11,000,000 for the project described in subsection

(c)(8);

‘‘(5) $20,000,000 for the project described in subsection

(c)(16); and

‘‘(6) $20,000,000 for the project described in subsection

(c)(17).’’.

SEC. 505. CORPS CAPABILITY TO CONSERVE FISH AND WILDLIFE.

Section 704(b) of the Water Resources Development Act of

1986 (33 U.S.C. 2263(b); 100 Stat. 4157) is amended—

(1) by striking ‘‘$5,000,000’’; and inserting ‘‘$7,000,000’’;

and

(2) in paragraph (4) by inserting ‘‘and Virginia’’ after ‘‘Maryland’’.

SEC. 506. PERIODIC BEACH NOURISHMENT.

(a) IN GENERAL.—The Secretary shall carry out periodic beach

nourishment for each of the following projects for a period of 50

years beginning on the date of initiation of construction of the

project:

(1) BROWARD COUNTY, FLORIDA.—Project for shoreline

protection, segments II and III, Broward County, Florida.

(2) FORT PIERCE, FLORIDA.—Project for shoreline protection,

Fort Pierce, Florida.

(3) PANAMA CITY BEACHES, FLORIDA.—Project for shoreline

protection, Panama City Beaches, Florida.

(4) TYBEE ISLAND, GEORGIA.—Project for beach erosion control, Tybee Island, Georgia.

(b) PERIODIC BEACH NOURISHMENT SUBJECT TO REVIEW.—

(1) REVIEW.—Not later than 6 months after the date of

the enactment of this Act, the Secretary shall complete a review

of potential periodic beach nourishment for each of the projects

described in paragraph (3) in accordance with the procedures

established under section 156 of the Water Resources Development Act of 1976 (42 U.S.C. 1962d–5f; 90 Stat. 2933).
110 STAT. 3758 PUBLIC LAW 104–303—OCT. 12, 1996

(2) AUTHORIZATION.—If the Secretary determines under

paragraph (1) that periodic beach nourishment is necessary

for a project, the Secretary shall carry out periodic beach

nourishment for the project for a period of 50 years beginning

on the date of initiation of construction of the project.

(3) PROJECTS.—The projects referred to in paragraph (1)

are as follows:

(A) LEE COUNTY, FLORIDA.—Project for shoreline protection, Lee County, Captiva Island segment, Florida.

(B) PALM BEACH COUNTY, FLORIDA.—Project for shoreline protection, Jupiter/Carlin, Ocean Ridge, and Boca

Raton North Beach segments, Palm Beach County, Florida.

(C) RARITAN BAY AND SANDY HOOK BAY, NEW JERSEY.—

Project for hurricane-flood protection, Raritan Bay and

Sandy Hook Bay, New Jersey.

(D) FIRE ISLAND INLET, NEW YORK.—Project for shoreline protection, Fire Island Inlet, New York, between Gilgo

State Park and Tobay Beach to protect Ocean Parkway

along the Atlantic Ocean shoreline in Suffolk County, New

York.

SEC. 507. DESIGN AND CONSTRUCTION ASSISTANCE.

The Secretary shall provide design and construction assistance

to non-Federal interests for each of the following projects if the

Secretary determines that the project is feasible:

(1) Repair and rehabilitation of the Lower Girard Lake

Dam, Girard, Ohio, at an estimated total cost of $2,500,000.

(2) Construction of a multipurpose dam and reservoir, Bear

Valley Dam, Franklin County, Pennsylvania, at an estimated

total cost of $15,000,000.

(3) Repair and upgrade of the dam and appurtenant features at Lake Merriweather, Little Calfpasture River, Virginia,

at an estimated total cost of $6,000,000.

SEC. 508. LAKES PROGRAM.

Section 602(a) of the Water Resources Development Act of

1986 (100 Stat. 4148–4149) is amended—

(1) by striking ‘‘and’’ at the end of paragraph (10);

(2) by striking the period at the end of paragraph (11)

and inserting a semicolon; and

(3) by adding at the end the following:

‘‘(12) Goodyear Lake, Otsego County, New York, removal

of silt and aquatic growth;

‘‘(13) Otsego Lake, Otsego County, New York, removal of

silt and aquatic growth and measures to address high nutrient

concentration;

‘‘(14) Oneida Lake, Oneida County, New York, removal

of silt and aquatic growth;

‘‘(15) Skaneateles and Owasco Lakes, New York, removal

of silt and aquatic growth and prevention of sediment deposit;

and

‘‘(16) Twin Lakes, Paris, Illinois, removal of silt and excess

aquatic vegetation, including measures to address excessive

sedimentation, high nutrient concentration, and shoreline erosion.’’.
PUBLIC LAW 104–303—OCT. 12, 1996 110 STAT. 3759

SEC. 509. MAINTENANCE OF NAVIGATION CHANNELS.

(a) IN GENERAL.—Upon request of the non-Federal interest,

the Secretary shall be responsible for maintenance of the following

navigation channels constructed or improved by non-Federal

interests if the Secretary determines that such maintenance is

economically justified and environmentally acceptable and that the

channel was constructed in accordance with applicable permits

and appropriate engineering and design standards:

(1) Humboldt Harbor and Bay, Fields Landing Channel,

California.

(2) Mare Island Strait, California. For purposes of this

section, the navigation channel shall be deemed to have been

constructed or improved by non-Federal interests.

(3) East Fork, Calcasieu Pass, Louisiana.

(4) Mississippi River Ship Channel, Chalmette Slip, Louisiana.

(5) Greenville Inner Harbor Channel, Mississippi.

(6) New Madrid Harbor, Missouri. For purposes of this

section, the navigation channel shall be deemed to have been

constructed or improved by non-Federal interests.

(7) Providence Harbor Shipping Channel, Rhode Island,

from the vicinity of the Fox Point hurricane barrier to the

vicinity of the Francis Street bridge in Providence, Rhode

Island. For purposes of this section, the navigation channel

shall be deemed to have been constructed or improved by nonFederal interests.

(8) Matagorda Ship Channel, Point Comfort Turning Basin,

Texas.

(9) Corpus Christi Ship Channel, Rincon Canal System,

Texas.

(10) Brazos Island Harbor, Texas, connecting channel to

Mexico.

(11) Blair Waterway, Tacoma Harbor, Washington.

(b) COMPLETION OF ASSESSMENT.—Not later than 6 months

after receipt of a request from a non-Federal interest for Federal

assumption of maintenance of a channel listed in subsection (a),

the Secretary shall make a determination as provided in subsection

(a) and advise the non-Federal interest of the Secretary’s determination.

SEC. 510. CHESAPEAKE BAY ENVIRONMENTAL RESTORATION AND

PROTECTION PROGRAM.

(a) ESTABLISHMENT.—

(1) IN GENERAL.—The Secretary shall establish a pilot program to provide environmental assistance to non-Federal

interests in the Chesapeake Bay watershed.

(2) FORM.—The assistance shall be in the form of design

and construction assistance for water-related environmental

infrastructure and resource protection and development projects

affecting the Chesapeake Bay estuary, including projects for

sediment and erosion control, protection of eroding shorelines,

protection of essential public works, wastewater treatment and

related facilities, water supply and related facilities, and beneficial uses of dredged material, and other related projects that

may enhance the living resources of the estuary.
110 STAT. 3760 PUBLIC LAW 104–303—OCT. 12, 1996

(b) PUBLIC OWNERSHIP REQUIREMENT.—The Secretary may provide assistance for a project under this section only if the project

is publicly owned, and will be publicly operated and maintained.

(c) LOCAL COOPERATION AGREEMENT.—

(1) IN GENERAL.—Before providing assistance under this

section, the Secretary shall enter into a local cooperation agreement with a non-Federal interest to provide for design and

construction of the project to be carried out with the assistance.

(2) REQUIREMENTS.—Each local cooperation agreement

entered into under this subsection shall provide for—

(A) the development by the Secretary, in consultation

with appropriate Federal, State, and local officials, of a

facilities or resource protection and development plan,

including appropriate engineering plans and specifications

and an estimate of expected resource benefits; and

(B) the establishment of such legal and institutional

structures as are necessary to ensure the effective longterm operation and maintenance of the project by the nonFederal interest.

(d) COST SHARING.—

(1) FEDERAL SHARE.—Except as provided in paragraph

(2)(B), the Federal share of the total project costs of each

local cooperation agreement entered into under this section

shall be 75 percent.

(2) NON-FEDERAL SHARE.—

(A) VALUE OF LANDS, EASEMENTS, RIGHTS-OF-WAY, AND

RELOCATIONS.—In determining the non-Federal contribution toward carrying out a local cooperation agreement

entered into under this section, the Secretary shall provide

credit to a non-Federal interest for the value of lands,

easements, rights-of-way, and relocations provided by the

non-Federal interest, except that the amount of credit provided for a project under this paragraph may not exceed

25 percent of the total project costs.

(B) OPERATION AND MAINTENANCE COSTS.—The nonFederal share of the costs of operation and maintenance

of activities carried out under an agreement under this

section shall be 100 percent.

(e) COOPERATION.—In carrying out this section, the Secretary

shall cooperate with the heads of appropriate Federal agencies,

including—

(1) the Administrator of the Environmental Protection

Agency;

(2) the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration;

(3) the Secretary of the Interior, acting through the Director

of the United States Fish and Wildlife Service; and

(4) the heads of such other Federal agencies and agencies

of a State or political subdivision of a State as the Secretary

determines to be appropriate.

(f) PROJECT.—The Secretary shall establish at least 1 project

under this section in each of the States of Maryland, Virginia,

and Pennsylvania.

(g) PROTECTION OF RESOURCES.—A project established under

this section shall be carried out using such measures as are necessary to protect environmental, historic, and cultural resources.

State listing.
PUBLIC LAW 104–303—OCT. 12, 1996 110 STAT. 3761

(h) REPORT.—Not later than December 31, 1998, the Secretary

shall transmit to Congress a report on the results of the program

carried out under this section, together with a recommendation

concerning whether or not the program should be implemented

on a national basis.

(i) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated to carry out this section $10,000,000.

SEC. 511. RESEARCH AND DEVELOPMENT PROGRAM TO IMPROVE

SALMON SURVIVAL.

(a) SALMON SURVIVAL ACTIVITIES.—

(1) IN GENERAL.—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 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) marine mammal predation on salmon;

(B) studies of juvenile salmon survival in spawning

and rearing areas;

(C) estuary and near-ocean juvenile and adult salmon

survival;

(D) impacts on salmon life cycles from sources other

than water resources projects; 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 the

enactment of this Act, the Secretary shall transmit 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

innovative, efficient, and environmentally safe hydropower turbines,

16 USC 3301

note.
110 STAT. 3762 PUBLIC LAW 104–303—OCT. 12, 1996

including design of ‘‘fish-friendly’’ turbines, for use on

the Columbia River hydrosystem.

(2) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated $12,000,000 to carry out this subsection.

(c) 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. 512. COLUMBIA RIVER TREATY FISHING ACCESS.

Section 401(a) of the Act entitled ‘‘An Act to establish procedures for review of tribal constitutions and bylaws or amendments

thereto pursuant to the Act of June 18, 1934 (48 Stat. 987)’’,

approved November 1, 1988 (102 Stat. 2944), is amended—

(1) by striking ‘‘(a) All Federal’’ and all that follows through

‘‘Columbia River Gorge Commission’’ and inserting the following:

‘‘(a) EXISTING FEDERAL LANDS.—

‘‘(1) IN GENERAL.—All Federal lands that are included

within the 20 recommended treaty fishing access sites set forth

in the publication of the Corps of Engineers entitled ‘Columbia

River Treaty Fishing Access Sites Post Authorization Change

Report’, dated April 1995,’’; and

(2) by adding at the end the following:

‘‘(2) BOUNDARY ADJUSTMENTS.—The Secretary of the Army,

in consultation with affected tribes, may make such minor

boundary adjustments to the lands referred to in paragraph

(1) as the Secretary determines are necessary to carry out

this title.’’.

SEC. 513. GREAT LAKES CONFINED DISPOSAL FACILITIES.

(a) ASSESSMENT.—Pursuant to the responsibilities of the Secretary under section 123 of the River and Harbor Act of 1970

(33 U.S.C. 1293a), the Secretary shall conduct an assessment of

the general conditions of confined disposal facilities in the Great

Lakes.

(b) REPORT.—Not later than 3 years after the date of the

enactment of this Act, the Secretary shall transmit to Congress

a report on the results of the assessment conducted under subsection (a), including the following:

(1) A description of the cumulative effects of confined disposal facilities in the Great Lakes.

(2) Recommendations for specific remediation actions for

each confined disposal facility in the Great Lakes.

(3) An evaluation of, and recommendations for, confined

disposal facility management practices and technologies to conserve capacity at such facilities and to minimize adverse

environmental effects at such facilities throughout the Great

Lakes system.

SEC. 514. GREAT LAKES DREDGED MATERIAL TESTING AND EVALUATION MANUAL.

The Secretary, in cooperation with the Administrator of the

Environmental Protection Agency, shall provide technical assistance

to non-Federal interests on testing procedures contained in the

Great Lakes Dredged Material Testing and Evaluation Manual

developed pursuant to section 230.2(c) of title 40, Code of Federal

Regulations.

33 USC 1293a

note.
PUBLIC LAW 104–303—OCT. 12, 1996 110 STAT. 3763

SEC. 515. GREAT LAKES REMEDIAL ACTION PLANS AND SEDIMENT

REMEDIATION.

Section 401 of the Water Resources Development Act of 1990

(33 U.S.C. 1268 note; 104 Stat. 4644) is amended to read as follows:

‘‘SEC. 401. GREAT LAKES REMEDIAL ACTION PLANS AND SEDIMENT

REMEDIATION.

‘‘(a) GREAT LAKES REMEDIAL ACTION PLANS.—

‘‘(1) IN GENERAL.—The Secretary may provide technical,

planning, and engineering assistance to State and local governments and nongovernmental entities designated by a State

or local government in the development and implementation

of remedial action plans for Areas of Concern in the Great

Lakes identified under the Great Lakes Water Quality Agreement of 1978.

‘‘(2) NON-FEDERAL SHARE.—Non-Federal interests shall

contribute, in cash or by providing in-kind contributions, 50

percent of costs of activities for which assistance is provided

under paragraph (1).

‘‘(b) SEDIMENT REMEDIATION PROJECTS.—

‘‘(1) IN GENERAL.—The Secretary, in consultation with the

Administrator of the Environmental Protection Agency (acting

through the Great Lakes National Program Office), may conduct

pilot- and full-scale projects of promising technologies to remediate contaminated sediments in freshwater coastal regions in

the Great Lakes basin. The Secretary shall conduct not fewer

than 3 full-scale projects under this subsection.

‘‘(2) SITE SELECTION FOR PROJECTS.—In selecting the sites

for the technology projects, the Secretary shall give priority

consideration to Saginaw Bay, Michigan, Sheboygan Harbor,

Wisconsin, Grand Calumet River, Indiana, Ashtabula River,

Ohio, Buffalo River, New York, and Duluth-Superior Harbor,

Minnesota and Wisconsin.

‘‘(3) DEADLINE FOR IDENTIFICATIONS.—The Secretary

shall—

‘‘(A) not later than 18 months after the date of the

enactment of this paragraph, identify the sites and technologies for projects under this subsection; and

‘‘(B) not later than 3 years after that date, complete

each such full-scale project.

‘‘(4) NON-FEDERAL SHARE.—Non-Federal interests shall

contribute 50 percent of costs of projects under this subsection.

Such costs may be paid in cash or by providing in-kind contributions.

‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated to the Secretary to carry out this section

$5,000,000 for each of fiscal years 1998 through 2000.’’.

SEC. 516. SEDIMENT MANAGEMENT.

(a) IN GENERAL.—The Secretary may enter into cooperation

agreements with non-Federal interests with respect to navigation

projects, or other appropriate non-Federal entities, for the development of long-term management strategies for controlling sediments

at such projects.

(b) CONTENTS OF STRATEGIES.—Each strategy developed under

subsection (a) shall—

33 USC 2326b.

State listing.
110 STAT. 3764 PUBLIC LAW 104–303—OCT. 12, 1996

(1) include assessments of sediment rates and composition,

sediment reduction options, dredging practices, long-term

management of any dredged material disposal facilities, remediation of such facilities, and alternative disposal and reuse

options;

(2) include a timetable for implementation of the strategy;

and

(3) incorporate relevant ongoing planning efforts, including

remedial action planning, dredged material management planning, harbor and waterfront development planning, and watershed management planning.

(c) CONSULTATION.—In developing strategies under subsection

(a), the Secretary shall consult with interested Federal agencies,

States, and Indian tribes and provide an opportunity for public

comment.

(d) DREDGED MATERIAL DISPOSAL.—

(1) STUDY.—The Secretary shall conduct a study to determine the feasibility of constructing and operating an underwater confined dredged material disposal site in the Port of

New York-New Jersey that could accommodate as much as

250,000 cubic yards of dredged material for the purpose of

demonstrating the feasibility of an underwater confined disposal pit as an environmentally suitable method of containing

certain sediments.

(2) REPORT.—The Secretary shall transmit to Congress a

report on the results of the study conducted under paragraph

(1), together with any recommendations of the Secretary that

may be developed in a strategy under subsection (a).

(e) GREAT LAKES TRIBUTARY MODEL.—

(1) IN GENERAL.—In consultation and coordination with

the Great Lakes States, the Secretary shall develop a tributary

sediment transport model for each major river system or set

of major river systems depositing sediment into a Great Lakes

federally authorized commercial harbor, channel maintenance

project site, or Area of Concern identified under the Great

Lakes Water Quality Agreement of 1978. Such model may

be developed as a part of a strategy developed under subsection

(a).

(2) REQUIREMENTS FOR MODELS.—In developing a tributary

sediment transport model under this subsection, the Secretary

shall build on data and monitoring information generated in

earlier studies and programs of the Great Lakes and their

tributaries.

(f) GREAT LAKES STATES DEFINED.—In this section, the term

‘‘Great Lakes States’’ means the States of Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania, and Wisconsin.

(g) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated to the Secretary to carry out this section

$5,000,000 for each of fiscal years 1998 through 2001.

SEC. 517. EXTENSION OF JURISDICTION OF MISSISSIPPI RIVER

COMMISSION.

The jurisdiction of the Mississippi River Commission, established by the 1st section of the Act of June 28, 1879 (33 U.S.C.

641; 21 Stat. 37), is extended to include—

(1) all of the area between the eastern side of the Bayou

Lafourche Ridge from Donaldsonville, Louisiana, to the Gulf

33 USC 653a.
PUBLIC LAW 104–303—OCT. 12, 1996 110 STAT. 3765

of Mexico and the west guide levee of the Mississippi River

from Donaldsonville, Louisiana, to the Gulf of Mexico;

(2) Alexander County, Illinois; and

(3) the area in the State of Illinois from the confluence

of the Mississippi and Ohio Rivers northward to the vicinity

of Mississippi River mile 39.5, including the Len Small Drainage and Levee District, insofar as such area is affected by

the flood waters of the Mississippi River.

SEC. 518. SENSE OF CONGRESS REGARDING ST. LAWRENCE SEAWAY

TOLLS.

It is the sense of Congress that the President should engage

in negotiations with the Government of Canada for the purposes

of—

(1) eliminating tolls along the St. Lawrence Seaway system;

and

(2) identifying ways to maximize the movement of goods

and commerce through the St. Lawrence Seaway.

SEC. 519. RECREATION PARTNERSHIP INITIATIVE.

(a) IN GENERAL.—The Secretary shall promote Federal, nonFederal, and private sector cooperation in creating public recreation

opportunities and developing the necessary supporting infrastructure at water resources projects of the Corps of Engineers.

(b) INFRASTRUCTURE IMPROVEMENTS.—

(1) RECREATION INFRASTRUCTURE IMPROVEMENTS.—In

determining the feasibility of the public-private cooperative

under subsection (a), the Secretary shall provide such infrastructure improvements as are necessary to support a potential

private recreational development at the Raystown Lake Project,

Pennsylvania, generally in accordance with the Master Plan

Update (1994) for the project.

(2) AGREEMENT.—The Secretary shall enter into an agreement with an appropriate non-Federal public entity to ensure

that the infrastructure improvements constructed by the Secretary on non-project lands pursuant to paragraph (1) are transferred to and operated and maintained by the non-Federal

public entity.

(3) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this subsection $3,000,000.

(c) REPORT.—Not later than December 31, 1998, the Secretary

shall transmit to Congress a report on the results of the cooperative

efforts carried out under this section, including the improvements

required by subsection (b).

SEC. 520. FIELD OFFICE HEADQUARTERS FACILITIES.

Subject to amounts being made available in advance in appropriations Acts, the Secretary may use Plant Replacement and

Improvement Program funds to design and construct a new headquarters facility for—

(1) the New England Division, Waltham, Massachusetts;

and

(2) the Jacksonville District, Jacksonville, Florida.

SEC. 521. EARTHQUAKE PREPAREDNESS CENTER OF EXPERTISE

EXPANSION.

Using existing resources, the Secretary shall expand the Earthquake Preparedness Center of Expertise to address issues in the

33 USC 2328

note.
110 STAT. 3766 PUBLIC LAW 104–303—OCT. 12, 1996

central United States by providing the necessary capability at an

existing district office of the Corps of Engineers near the New

Madrid fault.

SEC. 522. JACKSON COUNTY, ALABAMA.

(a) IN GENERAL.—The Secretary may provide technical, planning, and design assistance to non-Federal interests for wastewater

treatment and related facilities, remediation of point and nonpoint

sources of pollution and contaminated riverbed sediments, and

related activities in Jackson County, Alabama, including the city

of Stevenson.

(b) COST SHARING.—The Federal cost of assistance provided

under this section may not exceed $3,000,000. The non-Federal

share of assistance provided under this section shall be 25 percent.

SEC. 523. BENTON AND WASHINGTON COUNTIES, ARKANSAS.

Section 220 of the Water Resources Development Act of 1992

(106 Stat. 4836–4837) is amended by adding at the end the following:

‘‘(c) USE OF FEDERAL FUNDS.—The Secretary may make available to the non-Federal interests funds not to exceed an amount

equal to the Federal share of the total project cost to be used

by the non-Federal interests to undertake the work directly or

by contract.’’.

SEC. 524. HEBER SPRINGS, ARKANSAS.

(a) IN GENERAL.—The Secretary shall enter into an agreement

with the city of Heber Springs, Arkansas, to provide 3,522 acrefeet of water supply storage in Greers Ferry Lake, Arkansas, for

municipal and industrial purposes, at no cost to the city.

(b) NECESSARY FACILITIES.—The city of Heber Springs shall

be responsible for 100 percent of the costs of construction, operation,

and maintenance of any intake, transmission, treatment, or distribution facility necessary for utilization of the water supply.

(c) ADDITIONAL WATER SUPPLY STORAGE.—Any additional water

supply storage required after the date of the enactment of this

Act shall be contracted for and reimbursed by the city of Heber

Springs, Arkansas.

SEC. 525. MORGAN POINT, ARKANSAS.

The Secretary shall accept as in-kind contributions for the

project for creation of fish and wildlife habitat at Morgan Point,

Arkansas—

(1) the items described as fish and wildlife facilities and

land in the Morgan Point Bendway Closure Structure modification report for the project, dated February 1994; and

(2) fish stocking activities carried out by the non-Federal

interests for the project;

if the Secretary determines that the items and activities are compatible with the project.

SEC. 526. CALAVERAS COUNTY, CALIFORNIA.

(a) TECHNICAL ASSISTANCE.—The Secretary may provide technical assistance to non-Federal interests, in cooperation with Federal and State agencies, for reclamation and water quality

protection projects for the purpose of abating and mitigating surface

water quality degradation caused by abandoned mines in the watershed of the lower Mokelume River in Calaveras County, California.

Contracts.
PUBLIC LAW 104–303—OCT. 12, 1996 110 STAT. 3767

(b) CONSULTATION WITH FEDERAL ENTITIES.—Any project under

subsection (a) that is located on lands owned by the United States

shall be undertaken in consultation with the Federal entity with

administrative jurisdiction over such lands.

(c) FEDERAL SHARE.—The Federal share of the cost of the

activities conducted under subsection (a) shall be 50 percent; except

that, with respect to projects located on lands owned by the United

States, the Federal share shall be 100 percent.

(d) EFFECT ON AUTHORITY OF SECRETARY OF THE INTERIOR.—

Nothing in this section is intended to affect the authority of the

Secretary of the Interior under title IV of the Surface Mining

Control and Reclamation Act of 1977 (30 U.S.C. 1231 et seq.).

(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated to carry out this section $1,500,000.

SEC. 527. FAULKNER ISLAND, CONNECTICUT.

In consultation with the Director of the United States Fish

and Wildlife Service, the Secretary shall design and construct shoreline protection measures for the coastline adjacent to the Faulkner

Island Lighthouse, Connecticut, at a total cost of $4,500,000.

SEC. 528. EVERGLADES AND SOUTH FLORIDA ECOSYSTEM RESTORATION.

(a) DEFINITIONS.—In this section, the following definitions

apply:

(1) CENTRAL AND SOUTHERN FLORIDA PROJECT.—The term

‘‘Central and Southern Florida Project’’ means the project for

Central and Southern Florida authorized under the heading

‘‘CENTRAL AND SOUTHERN FLORIDA’’ in section 203 of the Flood

Control Act of 1948 (62 Stat. 1176), and any modification to

the project authorized by law.

(2) COMMISSION.—The term ‘‘Commission’’ means the Governor’s Commission for a Sustainable South Florida, established

by Executive Order of the Governor dated March 3, 1994.

(3) GOVERNOR.—The term ‘‘Governor’’ means the Governor

of the State of Florida.

(4) SOUTH FLORIDA ECOSYSTEM.—The term ‘‘South Florida

ecosystem’’ means the area consisting of the lands and waters

within the boundary of the South Florida Water Management

District, including the Everglades, the Florida Keys, and the

contiguous near-shore coastal waters of South Florida.

(5) TASK FORCE.—The term ‘‘Task Force’’ means the South

Florida Ecosystem Restoration Task Force established by subsection (f).

(b) RESTORATION ACTIVITIES.—

(1) COMPREHENSIVE PLAN.—

(A) DEVELOPMENT.—

(i) PURPOSE.—The Secretary shall develop, as

expeditiously as practicable, a proposed comprehensive

plan for the purpose of restoring, preserving, and

protecting the South Florida ecosystem. The comprehensive plan shall provide for the protection of

water quality in, and the reduction of the loss of fresh

water from, the Everglades. The comprehensive plan

shall include such features as are necessary to provide

for the water-related needs of the region, including

flood control, the enhancement of water supplies, and
110 STAT. 3768 PUBLIC LAW 104–303—OCT. 12, 1996

other objectives served by the Central and Southern

Florida Project.

(ii) CONSIDERATIONS.—The comprehensive plan

shall—

(I) be developed by the Secretary in cooperation with the non-Federal project sponsor and in

consultation with the Task Force; and

(II) consider the conceptual framework specified in the report entitled ‘‘Conceptual Plan for

the Central and Southern Florida Project

Restudy’’, published by the Commission and

approved by the Governor.

(B) SUBMISSION.—Not later than July 1, 1999, the Secretary shall—

(i) complete the feasibility phase of the Central

and Southern Florida Project comprehensive review

study as authorized by section 309(l) of the Water

Resources Development Act of 1992 (106 Stat. 4844),

and by 2 resolutions of the Committee on Public Works

and Transportation of the House of Representatives,

dated September 24, 1992; and

(ii) submit to Congress the plan developed under

subparagraph (A)(i) consisting of a feasibility report

and a programmatic environmental impact statement

covering the proposed Federal action set forth in the

plan.

(C) ADDITIONAL STUDIES AND ANALYSES.—Notwithstanding the completion of the feasibility report under

subparagraph (B), the Secretary shall continue to conduct

such studies and analyses as are necessary, consistent

with subparagraph (A)(i).

(2) USE OF EXISTING AUTHORITY FOR UNCONSTRUCTED

PROJECT FEATURES.—The Secretary shall design and construct

any features of the Central and Southern Florida Project that

are authorized on the date of the enactment of this Act or

that may be implemented in accordance with the Secretary’s

authority to modify an authorized project, including features

authorized under sections 315 and 316, with funds that are

otherwise available, if the Secretary determines that the design

and construction—

(A) will accelerate the restoration, preservation, and

protection of the South Florida ecosystem;

(B) will be generally consistent with the conceptual

framework described in paragraph (1)(A)(ii)(II); and

(C) will be compatible with the overall authorized purposes of the Central and Southern Florida Project.

(3) CRITICAL RESTORATION PROJECTS.—

(A) IN GENERAL.—In addition to the activities described

in paragraphs (1) and (2), if the Secretary, in cooperation

with the non-Federal project sponsor and the Task Force,

determines that a restoration project for the South Florida

ecosystem will produce independent, immediate, and

substantial restoration, preservation, and protection benefits, and will be generally consistent with the conceptual

framework described in paragraph (1)(A)(ii)(II), the Secretary shall proceed expeditiously with the implementation

of the restoration project.

Reports.
PUBLIC LAW 104–303—OCT. 12, 1996 110 STAT. 3769

(B) INITIATION OF PROJECTS.—After September 30,

1999, no new projects may be initiated under subparagraph

(A).

(C) AUTHORIZATION OF APPROPRIATIONS.—

(i) IN GENERAL.—There is authorized to be appropriated to the Department of the Army to pay the

Federal share of the cost of carrying out projects under

subparagraph (A) $75,000,000 for the period consisting

of fiscal years 1997 through 1999.

(ii) FEDERAL SHARE.—The Federal share of the

cost of carrying out any 1 project under subparagraph

(A) shall be not more than $25,000,000.

(4) GENERAL PROVISIONS.—

(A) WATER QUALITY.—In carrying out activities

described in this subsection and sections 315 and 316,

the Secretary—

(i) shall take into account the protection of water

quality by considering applicable State water quality

standards; and

(ii) may include in projects such features as are

necessary to provide water to restore, preserve, and

protect the South Florida ecosystem.

(B) COMPLIANCE WITH APPLICABLE LAW.—In carrying

out the activities described in this subsection and subsection (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.) and the Endangered

Species Act of 1973 (16 U.S.C. 1531 et seq.).

(C) PUBLIC PARTICIPATION.—In developing the comprehensive plan under paragraph (1) and carrying out the

activities described in this subsection and subsection (c),

the Secretary shall provide for public review and comment

on the activities in accordance with applicable Federal

law.

(c) INTEGRATION OF OTHER ACTIVITIES.—

(1) IN GENERAL.—In carrying out activities described in

subsection (b), the Secretary shall integrate such activities with

ongoing Federal and State projects and activities, including—

(A) the project for the ecosystem restoration of the

Kissimmee River, Florida, authorized by section 101 of

the Water Resources Development Act of 1992 (106 Stat.

4802);

(B) the project for modifications to improve water deliveries into Everglades National Park authorized by section

104 of the Everglades National Park Protection and Expansion Act of 1989 (16 U.S.C. 410r–8);

(C) activities under the Florida Keys National Marine

Sanctuary and Protection Act (16 U.S.C. 1433 note; 104

Stat. 3089); and

(D) the Everglades Construction Project of the State

of Florida.

(2) STATUTORY CONSTRUCTION.—

(A) EXISTING AUTHORITY.—Except as otherwise

expressly provided in this section, nothing in this section

affects any authority in effect on the date of the enactment

of this Act, or any requirement of the authority, relating

to participation in restoration activities in the South Florida
110 STAT. 3770 PUBLIC LAW 104–303—OCT. 12, 1996

ecosystem, including the projects and activities specified

in paragraph (1), by—

(i) the Department of the Interior;

(ii) the Department of Commerce;

(iii) the Department of the Army;

(iv) the Environmental Protection Agency;

(v) the Department of Agriculture;

(vi) the State of Florida; and

(vii) the South Florida Water Management District.

(B) 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) JUSTIFICATION.—

(1) IN GENERAL.—Notwithstanding section 209 of the Flood

Control Act of 1970 (42 U.S.C. 1962–2) or any other provision

of law, in carrying out the activities to restore, preserve, and

protect the South Florida ecosystem described in subsection

(b), the Secretary may determine that the activities—

(A) are justified by the environmental benefits derived

by the South Florida ecosystem in general and the Everglades and Florida Bay in particular; and

(B) shall not need further economic justification if the

Secretary determines that the activities are cost-effective.

(2) APPLICABILITY.—Paragraph (1) shall not apply to any

separable element intended to produce benefits that are

predominantly unrelated to the restoration, preservation, and

protection of the South Florida ecosystem.

(e) COST SHARING.—

(1) IN GENERAL.—Except as provided in sections 315 and

316 and paragraph (2), the non-Federal share of the cost of

activities described in subsection (b) shall be 50 percent.

(2) WATER QUALITY FEATURES.—

(A) IN GENERAL.—Except as provided in subparagraph

(B), the non-Federal share of the cost of project features

to improve water quality described in subsection (b) shall

be 100 percent.

(B) EXCEPTION.—

(i) IN GENERAL.—Subject to clause (ii), if the Secretary determines that a project feature to improve

water quality is essential to Everglades restoration,

the non-Federal share of the cost of the feature shall

be 50 percent.

(ii) APPLICABILITY.—Clause (i) shall not apply to

any feature of the Everglades Construction Project of

the State of Florida.

(3) OPERATION AND MAINTENANCE.—The operation and

maintenance of projects carried out under this section shall

be a non-Federal responsibility.

(4) CREDIT.—Regardless of the date of acquisition, the value

of lands or interests in land acquired by non-Federal interests

for any activity described in subsection (b) shall be included

in the total cost of the activity and credited against the nonFederal share of the cost of the activity. Such value shall

be determined by the Secretary.

(f) SOUTH FLORIDA ECOSYSTEM RESTORATION TASK FORCE.—
PUBLIC LAW 104–303—OCT. 12, 1996 110 STAT. 3771

(1) ESTABLISHMENT AND MEMBERSHIP.—There is established

the South Florida Ecosystem Restoration Task Force, which

shall consist of the following members (or, in the case of a

Federal agency, a designee at the level of assistant secretary

or an equivalent level):

(A) The Secretary of the Interior, who shall serve as

chairperson.

(B) The Secretary of Commerce.

(C) The Secretary.

(D) The Attorney General.

(E) The Administrator of the Environmental Protection

Agency.

(F) The Secretary of Agriculture.

(G) The Secretary of Transportation.

(H) 1 representative of the Miccosukee Tribe of Indians

of Florida, to be appointed by the Secretary of the Interior

based on the recommendations of the tribal chairman.

(I) 1 representative of the Seminole Tribe of Florida,

to be appointed by the Secretary of the Interior based

on the recommendations of the tribal chairman.

(J) 2 representatives of the State of Florida, to be

appointed by the Secretary of the Interior based on the

recommendations of the Governor.

(K) 1 representative of the South Florida Water

Management District, to be appointed by the Secretary

of the Interior based on the recommendations of the Governor.

(L) 2 representatives of local government in the State

of Florida, to be appointed by the Secretary of the Interior

based on the recommendations of the Governor.

(2) DUTIES OF TASK FORCE.—The Task Force—

(A) shall consult with, and provide recommendations

to, the Secretary during development of the comprehensive

plan under subsection (b)(1);

(B) shall coordinate the development of consistent policies, strategies, plans, programs, projects, activities, and

priorities for addressing the restoration, preservation, and

protection of the South Florida ecosystem;

(C) shall exchange information regarding programs,

projects, and activities of the agencies and entities represented on the Task Force to promote ecosystem restoration and maintenance;

(D) shall establish a Florida-based working group

which shall include representatives of the agencies and

entities represented on the Task Force as well as other

governmental entities as appropriate for the purpose of

formulating, recommending, coordinating, and implementing the policies, strategies, plans, programs, projects, activities, and priorities of the Task Force;

(E) may, and the working group described in subparagraph (D), may—

(i) establish such advisory bodies as are necessary

to assist the Task Force in its duties, including public

policy and scientific issues; and

(ii) select as an advisory body any entity, such

as the Commission, that represents a broad variety

of private and public interests;
110 STAT. 3772 PUBLIC LAW 104–303—OCT. 12, 1996

(F) shall facilitate the resolution of interagency and

intergovernmental conflicts associated with the restoration

of the South Florida ecosystem among agencies and entities

represented on the Task Force;

(G) shall coordinate scientific and other research associated with the restoration of the South Florida ecosystem;

(H) shall provide assistance and support to agencies

and entities represented on the Task Force in their restoration activities;

(I) shall prepare an integrated financial plan and recommendations for coordinated budget requests for the

funds proposed to be expended by agencies and entities

represented on the Task Force for the restoration, preservation, and protection of the South Florida ecosystem; and

(J) shall submit a biennial report to Congress that

summarizes—

(i) the activities of the Task Force;

(ii) the policies, strategies, plans, programs,

projects, activities, and priorities planned, developed,

or implemented for the restoration of the South Florida

ecosystem; and

(iii) progress made toward the restoration.

(3) PROCEDURES AND ADVICE.—

(A) PUBLIC PARTICIPATION.—

(i) IN GENERAL.—The Task Force shall implement

procedures to facilitate public participation in the

advisory process, including providing advance notice

of meetings, providing adequate opportunity for public

input and comment, maintaining appropriate records,

and making a record of the proceedings of meetings

available for public inspection.

(ii) OVERSIGHT.—The Secretary of the Interior

shall ensure that the procedures described in clause

(i) are adopted and implemented and that the records

described in clause (i) are accurately maintained and

available for public inspection.

(B) ADVISORS TO THE TASK FORCE AND WORKING

GROUP.—The Task Force or the working group described

in paragraph (2)(D) may seek advice and input from any

interested, knowledgeable, or affected party as the Task

Force or working group, respectively, determines necessary

to perform the duties described in paragraph (2).

(C) APPLICATION OF THE FEDERAL ADVISORY COMMITTEE

ACT.—

(i) TASK FORCE AND WORKING GROUP.—The Task

Force and the working group shall not be considered

advisory committees under the Federal Advisory

Committee Act (5 U.S.C. App.).

(ii) ADVISORS.—Seeking advice and input under

subparagraph (B) shall not be subject to the Federal

Advisory Committee Act (5 U.S.C. App.).

(4) COMPENSATION.—A member of the Task Force shall

receive no compensation for the service of the member on

the Task Force.

(5) TRAVEL EXPENSES.—Travel expenses incurred by a member of the Task Force in the performance of services for the

Reports.
PUBLIC LAW 104–303—OCT. 12, 1996 110 STAT. 3773

Task Force shall be paid by the agency, tribe, or government

that the member represents.

SEC. 529. TAMPA, FLORIDA.

The Secretary may enter into a cooperative agreement under

section 229 with the Museum of Science and Industry, Tampa,

Florida, to provide technical, planning, and design assistance to

demonstrate the water quality functions found in wetlands, at an

estimated total Federal cost of $500,000.

SEC. 530. WATERSHED MANAGEMENT PLAN FOR DEEP RIVER BASIN,

INDIANA.

(a) DEVELOPMENT.—The Secretary, in consultation with the

Natural Resources Conservation Service of the Department of Agriculture, shall develop a watershed management plan for the Deep

River Basin, Indiana, including Deep River, Lake George, Turkey

Creek, and other related tributaries in Indiana.

(b) CONTENTS.—The plan to be developed by the Secretary

under subsection (a) shall address specific concerns related to the

Deep River Basin area, including—

(1) sediment flow into Deep River, Turkey Creek, and other

tributaries;

(2) control of sediment quality in Lake George;

(3) flooding problems;

(4) the safety of the Lake George Dam; and

(5) watershed management.

SEC. 531. SOUTHERN AND EASTERN KENTUCKY.

(a) ESTABLISHMENT OF PROGRAM.—The Secretary may establish

a program for providing environmental assistance to non-Federal

interests in southern and eastern Kentucky.

(b) FORM OF ASSISTANCE.—Assistance under this section may

be in the form of design and construction assistance for waterrelated environmental infrastructure and resource protection and

development projects in southern and eastern Kentucky, including

projects for wastewater treatment and related facilities, water supply and related facilities, and surface water resource protection

and development.

(c) PUBLIC OWNERSHIP REQUIREMENT.—The Secretary may provide assistance for a project under this section only if the project

is publicly owned.

(d) PROJECT COOPERATION AGREEMENTS.—

(1) IN GENERAL.—Before providing assistance under this

section, the Secretary shall enter into a project cooperation

agreement with a non-Federal interest to provide for design

and construction of the project to be carried out with such

assistance.

(2) REQUIREMENTS.—Each agreement entered into under

this subsection shall provide for the following:

(A) PLAN.—Development by the Secretary, in consultation with appropriate Federal and State officials, of a facilities development plan or resource protection plan, including

appropriate plans and specifications.

(B) LEGAL AND INSTITUTIONAL STRUCTURES.—Establishment of such legal and institutional structures as are necessary to ensure the effective long-term operation of the

project by the non-Federal interest.

(3) COST SHARING.—
110 STAT. 3774 PUBLIC LAW 104–303—OCT. 12, 1996

(A) IN GENERAL.—Total project costs under each agreement entered into under this subsection shall be shared

at 75 percent Federal and 25 percent non-Federal. The

Federal share may be in the form of grants or reimbursements of project costs.

(B) CREDIT FOR DESIGN WORK.—The non-Federal

interest shall receive credit for the reasonable costs of

design work completed by such interest before entering

into the agreement with the Secretary.

(C) CREDIT FOR CERTAIN FINANCING COSTS.—In the

event of a delay in the reimbursement of the non-Federal

share of a project, the non-Federal interest shall receive

credit for reasonable interest and other associated financing

costs necessary for such non-Federal interest to provide

the non-Federal share of the project’s cost.

(D) LANDS, EASEMENTS, AND RIGHTS-OF-WAY.—The nonFederal interest shall receive credit for lands, easements,

rights-of-way, and relocations provided by the non-Federal

interest toward its share of project costs (including costs

associated with obtaining permits necessary for the placement of such project on publicly owned or controlled lands),

but not to exceed 25 percent of total project costs.

(E) OPERATION AND MAINTENANCE.—The non-Federal

share of operation and maintenance costs for projects constructed under an agreement entered into under this subsection shall be 100 percent.

(e) APPLICABILITY OF OTHER FEDERAL AND STATE LAWS.—Nothing in this section shall be construed as waiving, limiting, or otherwise affecting the applicability of any provision of Federal or State

law that would otherwise apply to a project to be carried out

with assistance provided under this section.

(f) REPORT.—Not later than December 31, 1999, the Secretary

shall transmit to Congress a report on the results of the program

carried out under this section, together with recommendations

concerning whether or not such program should be implemented

on a national basis.

(g) SOUTHERN AND EASTERN KENTUCKY DEFINED.—In this section, the term ‘‘southern and eastern Kentucky’’ means Morgan,

Floyd, Pulaski, Wayne, Laurel, Knox, Pike, Menifee, Perry, Harlan,

Breathitt, Martin, Jackson, Wolfe, Clay, Magoffin, Owsley, Johnson,

Leslie, Lawrence, Knott, Bell, McCreary, Rockcastle, Whitley, Lee,

and Letcher Counties, Kentucky.

(h) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated to carry out this section $10,000,000.

SEC. 532. COASTAL WETLANDS RESTORATION PROJECTS, LOUISIANA.

Section 303(f) of the Coastal Wetlands Planning, Protection

and Restoration Act (16 U.S.C. 3952(f); 104 Stat. 4782–4783) is

amended—

(1) in paragraph (4) by striking ‘‘and (3)’’ and inserting

‘‘(3), and (5)’’; and

(2) by adding at the end the following:

‘‘(5) FEDERAL SHARE IN CALENDAR YEARS 1996 AND 1997.—

Notwithstanding paragraphs (1) and (2), upon approval of the

conservation plan under section 304 and a determination by

the Secretary that a reduction in the non-Federal share is

warranted, amounts made available in accordance with section
PUBLIC LAW 104–303—OCT. 12, 1996 110 STAT. 3775

306 to carry out coastal wetlands restoration projects under

this section in calendar years 1996 and 1997 shall provide

90 percent of the cost of such projects.’’.

SEC. 533. SOUTHEAST LOUISIANA.

(a) FLOOD CONTROL.—The Secretary shall proceed with

engineering, design, and construction of projects to provide for

flood control and improvements to rainfall drainage systems in

Jefferson, Orleans, and St. Tammany Parishes, Louisiana, in accordance with the following reports of the New Orleans District Engineer: Jefferson and Orleans Parishes, Louisiana, Urban Flood

Control and Water Quality Management, July 1992; Tangipahoa,

Techefuncte, and Tickfaw Rivers, Louisiana, June 1991; St. Tammany Parish, Louisiana, July 1996; and Schneider Canal, Slidell,

Louisiana, Hurricane Protection, May 1990.

(b) COST SHARING.—The cost of any work performed by the

non-Federal interests subsequent to the dates of the reports referred

to in subsection (a) and determined by the Secretary to be a compatible and integral part of the projects shall be credited toward

the non-Federal share of the projects.

(c) FUNDING.—There is authorized to be appropriated

$100,000,000 for the initiation and partial accomplishment of

projects described in the reports referred to in subsection (a).

(d) ADDITIONAL OBLIGATIONS.—No funds may be obligated in

excess of the amount authorized by subsection (c) for the projects

for flood control and improvements to rainfall drainage systems

authorized by subsection (a) until the Corps of Engineers determines

that the additional work to be carried out with such funds is

technically sound, environmentally acceptable, and economic, as

applicable.

SEC. 534. ASSATEAGUE ISLAND, MARYLAND AND VIRGINIA.

(a) PROJECT TO MITIGATE SHORE DAMAGE.—The Secretary shall

expedite the Assateague Island restoration feature of the Ocean

City, Maryland, and vicinity study and, if the Secretary determines

that the Federal navigation project has contributed to degradation

of the shoreline, the Secretary shall carry out the shoreline restoration feature. The Secretary shall allocate costs for the project feature

pursuant to section 111 of the River and Harbor Act of 1968

(33 U.S.C. 426i; 82 Stat. 735).

(b) COORDINATION.—In carrying out the project under this section, the Secretary shall coordinate with affected Federal and State

agencies and shall enter into an agreement with the Federal property owner to determine the allocation of the project costs.

(c) FUNDING.—There is authorized to be appropriated to carry

out this section $35,000,000.

SEC. 535. CUMBERLAND, MARYLAND.

The Secretary may provide technical, planning, and design

assistance to State, local, and other Federal entities for the restoration of the Chesapeake and Ohio Canal, in the vicinity of Cumberland, Maryland.

SEC. 536. WILLIAM JENNINGS RANDOLPH ACCESS ROAD, GARRETT

COUNTY, MARYLAND.

The Secretary shall transfer up to $600,000 to the State of

Maryland for use by the State in constructing an access road
110 STAT. 3776 PUBLIC LAW 104–303—OCT. 12, 1996

to the William Jennings Randolph Lake in Garrett County, Maryland.

SEC. 537. POPLAR ISLAND, MARYLAND.

The Secretary shall carry out a project for the beneficial use

of dredged material at Poplar Island, Maryland, substantially in

accordance with, and subject to the conditions described in, the

report of the Secretary dated September 3, 1996, at a total cost

of $307,000,000, with an estimated Federal cost of $230,000,000

and an estimated non-Federal cost of $77,000,000. The project shall

be carried out under the policies and cooperative agreement requirements of section 204 of the Water Resources Development Act

of 1992 (33 U.S.C. 2326), except that subsection (e) of such section

shall not apply to the project authorized by this section.

SEC. 538. EROSION CONTROL MEASURES, SMITH ISLAND, MARYLAND.

(a) IN GENERAL.—The Secretary shall implement erosion control

measures in the vicinity of Rhodes Point, Smith Island, Maryland,

at an estimated total Federal cost of $450,000.

(b) IMPLEMENTATION ON EMERGENCY BASIS.—The project under

subsection (a) shall be carried out on an emergency basis in view

of the national, historic, and cultural value of the island and in

order to protect the Federal investment in infrastructure facilities.

(c) COST SHARING.—Cost sharing applicable to hurricane and

storm damage reduction shall be applicable to the project to be

carried out under subsection (a).

SEC. 539. RESTORATION PROJECTS FOR MARYLAND, PENNSYLVANIA,

AND WEST VIRGINIA.

(a) IN GENERAL.—

(1) TECHNICAL ASSISTANCE.—The Secretary may provide

technical assistance to non-Federal interests, in cooperation

with Federal and State agencies, for reclamation and water

quality protection projects for the purpose of abating and mitigating surface water quality degradation caused by abandoned

mines along—

(A) the North Branch of the Potomac River, Maryland,

Pennsylvania, and West Virginia; and

(B) the New River, West Virginia, watershed.

(2) ADDITIONAL MEASURES.—Projects under paragraph (1)

may also include measures for the abatement and mitigation

of surface water quality degradation caused by the lack of

sanitary wastewater treatment facilities or the need to enhance

such facilities.

(3) CONSULTATION WITH FEDERAL ENTITIES.—Any project

under paragraph (1) that is located on lands owned by the

United States shall be undertaken in consultation with the

Federal entity with administrative jurisdiction over such lands.

(b) FEDERAL SHARE.—The Federal share of the cost of the

activities conducted under subsection (a)(1) shall be 50 percent;

except that, with respect to projects located on lands owned by

the United States, the Federal share shall be 100 percent.

(c) EFFECT ON AUTHORITY OF SECRETARY OF THE INTERIOR.— Nothing in this section is intended to affect the authority of the

Secretary of the Interior under title IV of the Surface Mining

Control and Reclamation Act of 1977 (30 U.S.C. 1231 et seq.).

(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated to carry out this section $1,500,000 for projects
PUBLIC LAW 104–303—OCT. 12, 1996 110 STAT. 3777

undertaken under subsection (a)(1)(A) and $1,500,000 for projects

undertaken under subsection (a)(1)(B).

SEC. 540. CONTROL OF AQUATIC PLANTS, MICHIGAN, PENNSYLVANIA,

AND VIRGINIA AND NORTH CAROLINA.

The Secretary shall carry out under section 104 of the River

and Harbor Act of 1958 (33 U.S.C. 610)—

(1) a program to control aquatic plants in Lake St. Clair,

Michigan;

(2) a program to control aquatic plants in the Schuylkill

River, Philadelphia, Pennsylvania; and

(3) a program to control aquatic plants in Lake Gaston,

Virginia and North Carolina.

SEC. 541. DULUTH, MINNESOTA, ALTERNATIVE TECHNOLOGY

PROJECT.

(a) PROJECT AUTHORIZATION.—The Secretary shall develop and

implement alternative methods for decontamination and disposal

of contaminated dredged material at the Port of Duluth, Minnesota.

(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated to carry out this section $1,000,000.

SEC. 542. LAKE SUPERIOR CENTER, MINNESOTA.

(a) CONSTRUCTION.—The Secretary shall assist the Minnesota

Lake Superior Center authority in the construction of an educational facility to be used in connection with efforts to educate

the public in the economic, recreational, biological, aesthetic, and

spiritual worth of Lake Superior and other large bodies of fresh

water.

(b) PUBLIC OWNERSHIP.—Prior to providing any assistance

under subsection (a), the Secretary shall verify that the facility

to be constructed under subsection (a) will be owned by the public

authority established by the State of Minnesota to develop, operate,

and maintain the Lake Superior Center.

(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated for the construction of the facility under subsection (a) $10,000,000.

SEC. 543. REDWOOD RIVER BASIN, MINNESOTA.

(a) STUDY AND STRATEGY DEVELOPMENT.—The Secretary, in

cooperation with the Secretary of Agriculture and the State of

Minnesota, shall conduct a study, and develop a strategy, for using

wetland restoration, soil and water conservation practices, and nonstructural measures to reduce flood damage, improve water quality,

and create wildlife habitat in the Redwood River basin and the

subbasins draining into the Minnesota River, at an estimated Federal cost of $4,000,000.

(b) NON-FEDERAL SHARE.—The non-Federal share of the cost

of the study and development of the strategy shall be 25 percent

and may be provided through in-kind services and materials.

(c) COOPERATION AGREEMENTS.—In conducting the study and

developing the strategy under this section, the Secretary may enter

into cooperation agreements to provide financial assistance to appropriate Federal, State, and local government agencies, including

assistance for the implementation of wetland restoration projects

and soil and water conservation measures.
110 STAT. 3778 PUBLIC LAW 104–303—OCT. 12, 1996

(d) IMPLEMENTATION.—The Secretary shall undertake development and implementation of the strategy authorized by this section

in cooperation with local landowners and local government officials.

SEC. 544. COLDWATER RIVER WATERSHED, MISSISSIPPI.

Not later than 6 months after the date of the enactment of

this Act, the Secretary shall initiate all remaining work associated

with the Coldwater River Watershed Demonstration Erosion Control Project, as authorized by the Act entitled ‘‘An Act making

appropriations to provide productive employment for hundreds of

thousands of jobless Americans, to hasten or initiate Federal

projects and construction of lasting value to the Nation and its

citizens, and to provide humanitarian assistance to the indigent

for fiscal year 1983, and for other purposes’’, approved March 24,

1983 (97 Stat. 13).

SEC. 545. NATCHEZ BLUFFS, MISSISSIPPI.

The Secretary shall carry out the project for bluff stabilization,

Natchez Bluffs, Natchez, Mississippi, substantially in accordance

with the Natchez Bluffs Study, dated September 1985, the Natchez

Bluffs Study: Supplement I, dated June 1990, and the Natchez

Bluffs Study: Supplement II, dated December 1993, at a total cost

of $17,200,000, with an estimated Federal cost of $12,900,000 and

an estimated non-Federal cost of $4,300,000. The project shall be

carried out in the portions of the bluffs described in the studies

specified in the preceding sentence as Clifton Avenue, area 3; Bluff

above Silver Street, area 6; Bluff above Natchez Under-the-Hill,

area 7; and Madison Street to State Street, area 4.

SEC. 546. SARDIS LAKE, MISSISSIPPI.

(a) MANAGEMENT.—The Secretary shall work cooperatively with

the State of Mississippi and the city of Sardis, Mississippi, to

the maximum extent practicable, in the management of existing

and proposed leases of land consistent with the Sardis Lake Recreation and Tourism Master Plan prepared by the city for the economic development of the Sardis Lake area.

(b) FLOOD CONTROL STORAGE.—The Secretary shall review the

study conducted by the city of Sardis, Mississippi, regarding the

impact of the Sardis Lake Recreation and Tourism Master Plan

prepared by the city on flood control storage in Sardis Lake. The

city shall not be required to reimburse the Secretary for the cost

of such storage, or the cost of the Secretary’s review, if the Secretary

finds that the loss of flood control storage resulting from

implementation of the master plan is not significant.

SEC. 547. ST. CHARLES COUNTY, MISSOURI, FLOOD PROTECTION.

(a) IN GENERAL.—Notwithstanding any other provision of law

(including any regulation), no county located at the confluence

of the Missouri and Mississippi Rivers or community located in

any county located at the confluence of the Missouri and Mississippi

Rivers shall have its participation in the national flood insurance

program established under chapter 1 of the National Flood Insurance Act of 1968 (42 U.S.C. 4011 et seq.) suspended, revoked,

or otherwise affected solely due to that county’s or community’s

permitting the raising of levees by any public-sponsored levee district, along an alignment approved by the circuit court of such

county, to a level sufficient to contain a 20-year flood.
PUBLIC LAW 104–303—OCT. 12, 1996 110 STAT. 3779

(b) PERMITS.—The permit issued under section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344) numbered P–

1972, authorizing the reshaping and realignment of an existing

levee, shall be considered adequate to allow the raising of levees

under subsection (a).

SEC. 548. ST. LOUIS, MISSOURI.

The Secretary shall not reassign the St. Louis District of the

Corps of Engineers from the operational control of the Lower Mississippi Valley Division.

SEC. 549. LIBBY DAM, MONTANA.

(a) IN GENERAL.—In accordance with section 103(c)(1) of the

Water Resources Development Act of 1986 (33 U.S.C. 2213(c)(1)),

the Secretary shall—

(1) complete the construction and installation of generating

units 6 through 8 at Libby Dam, Montana; and

(2) remove the partially constructed haul bridge over the

Kootenai River, Montana.

(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated to carry out this section $16,000,000. Such

sums shall remain available until expended.

SEC. 550. HACKENSACK MEADOWLANDS AREA, NEW JERSEY.

Section 324(b)(1) of the Water Resources Development Act of

1992 (106 Stat. 4849) is amended to read as follows:

‘‘(1) Mitigation, enhancement, and acquisition of significant

wetlands that contribute to the Meadowlands ecosystem.’’.

SEC. 551. HUDSON RIVER HABITAT RESTORATION, NEW YORK.

(a) HABITAT RESTORATION.—The Secretary shall expedite the

feasibility study of the Hudson River Habitat Restoration, Hudson

River Basin, New York, and may carry out not fewer than 4 projects

for habitat restoration in the Hudson River Basin, to the extent

the Secretary determines such work to be advisable and technically

feasible. Such projects shall be designed to—

(1) assess and improve habitat value and environmental

outputs of recommended projects;

(2) evaluate various restoration techniques for effectiveness

and cost;

(3) fill an important local habitat need within a specific

portion of the study area; and

(4) take advantage of ongoing or planned actions by other

agencies, local municipalities, or environmental groups that

would increase the effectiveness or decrease the overall cost

of implementing one of the recommended restoration project

sites.

(b) NON-FEDERAL SHARE.—Non-Federal interests shall provide

25 percent of the cost of each project undertaken under subsection

(a). The non-Federal share may be in the form of cash or inkind contributions.

(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated to carry out this section $11,000,000.

SEC. 552. NEW YORK CITY WATERSHED.

(a) ENVIRONMENTAL ASSISTANCE PROGRAM.—
110 STAT. 3780 PUBLIC LAW 104–303—OCT. 12, 1996

(1) ESTABLISHMENT.—The Secretary shall establish a program for providing environmental assistance to non-Federal

interests in the New York City Watershed.

(2) FORM OF ASSISTANCE.—Assistance provided under this

section may be in the form of design and construction assistance

for water-related environmental infrastructure and resource

protection and development projects in the New York City

Watershed, including projects for water supply, storage, treatment, and distribution facilities, and surface water resource

protection and development.

(b) PUBLIC OWNERSHIP REQUIREMENT.—The Secretary may provide assistance for a project under this section only if the project

is publicly owned.

(c) ELIGIBLE PROJECTS.—

(1) CERTIFICATION.—A project shall be eligible for financial

assistance under this section only if the State director for

the project certifies to the Secretary that the project will

contribute to the protection and enhancement of the quality

or quantity of the New York City water supply.

(2) SPECIAL CONSIDERATION.—In certifying projects to the

Secretary, the State director shall give special consideration

to those projects implementing plans, agreements, and measures that preserve and enhance the economic and social character of the communities in the New York City Watershed.

(3) PROJECT DESCRIPTIONS.—Projects eligible for assistance

under this section shall include the following:

(A) Implementation of intergovernmental agreements

for coordinating regulatory and management responsibilities.

(B) Acceleration of whole farm planning to implement

best management practices to maintain or enhance water

quality and to promote agricultural land use.

(C) Acceleration of whole community planning to promote intergovernmental cooperation in the regulation and

management of activities consistent with the goal of

maintaining or enhancing water quality.

(D) Natural resources stewardship on public and private lands to promote land uses that preserve and enhance

the economic and social character of the communities in

the New York City Watershed and protect and enhance

water quality.

(d) COOPERATION AGREEMENTS.—Before providing assistance

under this section, the Secretary shall enter into a project cooperation agreement with the State director for the project to be carried

out with such assistance.

(e) COST SHARING.—

(1) IN GENERAL.—Total project costs under each agreement

entered into under this section shall be shared at 75 percent

Federal and 25 percent non-Federal. The Federal share may

be in the form of grants or reimbursements of project costs.

(2) CREDIT FOR DESIGN WORK.—The non-Federal interest

shall receive credit for the reasonable costs of design work

completed by such interest prior to entering into the agreement

with the Secretary for a project.

(3) CREDIT FOR INTEREST.—In the event of a delay in the

reimbursement of the non-Federal share of a project, the nonFederal interest shall receive credit for reasonable interest
PUBLIC LAW 104–303—OCT. 12, 1996 110 STAT. 3781

costs incurred to provide the non-Federal share of a project’s

cost.

(4) LANDS, EASEMENTS, AND RIGHTS-OF-WAY CREDIT.—The

non-Federal interest shall receive credit for lands, easements,

rights-of-way, and relocations provided by the non-Federal

interest toward its share of project costs (including direct costs

associated with obtaining permits necessary for the placement

of such project on publicly owned or controlled lands), but

not to exceed 25 percent of total project costs.

(5) OPERATION AND MAINTENANCE.—The non-Federal share

of operation and maintenance costs for projects constructed

with assistance provided under this section shall be 100 percent.

(f) APPLICABILITY OF OTHER FEDERAL AND STATE LAWS.—Nothing in this section shall be construed to waive, limit, or otherwise

affect the applicability of any provision of Federal or State law

that would otherwise apply to a project carried out with assistance

provided under this section.

(g) REPORT.—Not later than December 31, 2000, the Secretary

shall transmit to Congress a report on the results of the program

carried out under this section, together with recommendations

concerning whether such program should be implemented on a

national basis.

(h) NEW YORK CITY WATERSHED DEFINED.—In this section,

the term ‘‘New York City Watershed’’ means the land area within

the counties of Delaware, Greene, Schoharie, Ulster, Sullivan, Westchester, Putnam, and Duchess, New York, that contributes water

to the water supply system of New York City.

(i) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated to carry out this section $22,500,000.

SEC. 553. NEW YORK STATE CANAL SYSTEM.

(a) IN GENERAL.—The Secretary may make capital improvements to the New York State Canal System.

(b) AGREEMENTS.—The Secretary, with the consent of appropriate local and State entities, shall enter into such arrangements,

contracts, and leases with public and private entities as may be

necessary for the purposes of rehabilitation, renovation, preservation, and maintenance of the New York State Canal System and

its related facilities, including trailside facilities and other recreational projects along the waterways of the canal system.

(c) NEW YORK STATE CANAL SYSTEM DEFINED.—In this section,

the term ‘‘New York State Canal System’’ means the Erie, Oswego,

Champlain, and Cayuga-Seneca Canals.

(d) FEDERAL SHARE.—The Federal share of the cost of capital

improvements under this section shall be 50 percent.

(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated to carry out this section $8,000,000.

SEC. 554. ORCHARD BEACH, BRONX, NEW YORK.

The Secretary shall conduct a study for a project for shoreline

protection, Orchard Beach, Bronx, New York, and, if the Secretary

determines that the project is feasible, may carry out the project,

at a maximum Federal cost of $5,200,000.

SEC. 555. DREDGED MATERIAL CONTAINMENT FACILITY FOR PORT

OF NEW YORK-NEW JERSEY.

(a) IN GENERAL.—The Secretary may construct, operate, and

maintain a dredged material containment facility with a capacity
110 STAT. 3782 PUBLIC LAW 104–303—OCT. 12, 1996

commensurate with the long-term dredged material disposal needs

of port facilities under the jurisdiction of the Port of New YorkNew Jersey. Such facility may be a near-shore dredged material

disposal facility along the Brooklyn waterfront.

(b) COST SHARING.—The costs associated with feasibility

studies, design, engineering, and construction under this section

shall be shared with the non-Federal interest in accordance with

section 101 of the Water Resources Development Act of 1986 (33

U.S.C. 2211).

(c) PUBLIC BENEFIT.—After the facility constructed under subsection (a) has been filled to capacity with dredged material, the

Secretary shall maintain the facility for the public benefit.

SEC. 556. QUEENS COUNTY, NEW YORK.

(a) DESCRIPTION OF NONNAVIGABLE AREA.—Subject to subsections (b) and (c), the area of Long Island City, Queens County,

New York, that—

(1) is not submerged;

(2) as of the date of the enactment of this Act, lies between

the southerly high water line of Anable Basin (also known

as the ‘‘11th Street Basin’’) and the northerly high water line

of Newtown Creek; and

(3) extends from the high water line (as of such date

of enactment) of the East River to the original high water

line of the East River;

is declared to be nonnavigable waters of the United States.

(b) REQUIREMENT THAT AREA BE IMPROVED.—

(1) IN GENERAL.—The declaration of nonnavigability under

subsection (a) shall apply only to those portions of the area

described in subsection (a) that are, or will be, bulkheaded,

filled, or otherwise occupied by permanent structures or other

permanent physical improvements (including parkland).

(2) APPLICABILITY OF FEDERAL LAW.—Improvements

described in paragraph (1) shall be subject to applicable Federal

laws, including—

(A) sections 9 and 10 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 March 3, 1899 (33 U.S.C.

401 and 403);

(B) section 404 of the Federal Water Pollution Control

Act (33 U.S.C. 1344); and

(C) the National Environmental Policy Act of 1969

(42 U.S.C. 4321 et seq.).

(c) EXPIRATION DATE.—The declaration of nonnavigability under

subsection (a) shall expire with respect to a portion of the area

described in subsection (a), if the portion—

(1) is not bulkheaded, filled, or otherwise occupied by a

permanent structure or other permanent physical improvement

(including parkland) in accordance with subsection (b) by the

date that is 20 years after the date of the enactment of this

Act; or

(2) requires an improvement described in subsection (b)(2)

that is subject to a permit under an applicable Federal law,

and the improvement is not commenced by the date that is

5 years after the date of issuance of the permit.

Applicability.

33 USC 59c–3.
PUBLIC LAW 104–303—OCT. 12, 1996 110 STAT. 3783

SEC. 557. JAMESTOWN DAM AND PIPESTEM DAM, NORTH DAKOTA.

(a) REVISIONS TO WATER CONTROL MANUALS.—In consultation

with the States of North Dakota and South Dakota and the James

River Water Development District, the Secretary shall review and

consider revisions to the water control manuals for the Jamestown

Dam and Pipestem Dam, North Dakota, to modify operation of

the dams so as to reduce the magnitude and duration of flooding

and inundation of land located within the 10-year floodplain along

the James River in North Dakota and South Dakota.

(b) FEASIBILITY STUDY.— (1) IN GENERAL.—Not later than 1 year after the date

of the enactment of this Act, the Secretary shall—

(A) complete a study to determine the feasibility of

providing flood protection for the land referred to in subsection (a); and

(B) submit a report on the study to Congress.

(2) CONSIDERATIONS.—In carrying out paragraph (1), the

Secretary shall consider all reasonable project-related and other

options.

SEC. 558. NORTHEASTERN OHIO.

The Secretary may provide technical assistance to local

interests for establishment of a regional water authority in northeastern Ohio to address the water problems of the region. The

Federal share of the costs of such planning shall not exceed 50

percent.

SEC. 559. OHIO RIVER GREENWAY.

(a) EXPEDITED COMPLETION OF STUDY.—The Secretary shall

expedite the completion of the study for a project for the Ohio

River Greenway, Jeffersonville, Clarksville, and New Albany,

Indiana.

(b) CONSTRUCTION.—Upon completion of the study, if the Secretary determines that the project is feasible, the Secretary shall

participate with the non-Federal interests in the construction of

the project.

(c) COST SHARING.—Total project costs under this section shall

be shared at 50 percent Federal and 50 percent non-Federal.

(d) LANDS, EASEMENTS, AND RIGHTS-OF-WAY.—Non-Federal

interests shall be responsible for providing all lands, easements,

rights-of-way, relocations, and dredged material disposal areas necessary for the project.

(e) CREDIT.—The non-Federal interests shall receive credit for

those costs incurred by the non-Federal interests that the Secretary

determines are compatible with the study, design, and implementation of the project.

SEC. 560. GRAND LAKE, OKLAHOMA.

(a) STUDY.—Not later than 1 year after the date of the enactment of this Act, the Secretary shall carry out and complete a

study of flooding in Grand/Neosho Basin and tributaries in the

vicinity of Pensacola Dam in northeastern Oklahoma to determine

the scope of the backwater effects of operation of the dam and

to identify any lands that the Secretary determines have been

adversely impacted by such operation or should have been originally

purchased as flowage easement for the project.

(b) ACQUISITION OF REAL PROPERTY.—Upon completion of the

study and subject to advance appropriations, the Secretary may

Indiana.

Reports.
110 STAT. 3784 PUBLIC LAW 104–303—OCT. 12, 1996

acquire from willing sellers such real property interests in any

lands identified in the study as the Secretary determines are necessary to reduce the adverse impacts identified in the study conducted under subsection (a).

(c) IMPLEMENTATION REPORTS.—The Secretary shall transmit

to Congress reports on the operation of Pensacola Dam, including

data on and a description of releases in anticipation of flooding

(referred to as ‘‘preoccupancy releases’’), and the implementation

of this section. The first of such reports shall be transmitted not

later than 2 years after the date of the enactment of this Act.

(d) AUTHORIZATION OF APPROPRIATIONS.—

(1) IN GENERAL.—There is authorized to be appropriated

to carry out this section $25,000,000.

(2) MAXIMUM FUNDING FOR STUDY.—Of amounts appropriated to carry out this section, not to exceed $1,500,000

shall be available for carrying out the study under subsection

(a).

SEC. 561. BROAD TOP REGION OF PENNSYLVANIA.

Section 304 of the Water Resources Development Act of 1992

(106 Stat. 4840) is amended—

(1) by striking subsection (b) and inserting the following:

‘‘(b) COST SHARING.—

‘‘(1) FEDERAL SHARE.—The Federal share of the cost of

the activities conducted under the cooperative agreement

entered into under subsection (a)—

‘‘(A) shall be 75 percent; and

‘‘(B) may be in the form of grants or reimbursements

of project costs.

‘‘(2) NON-FEDERAL SHARE.—The non-Federal share of

project costs may be provided in the form of design and

construction services and other in-kind work provided by the

non-Federal interests, whether occurring subsequent to, or

within 6 years prior to, entering into an agreement with the

Secretary. Non-Federal interests shall receive credit for grants

and the value of work performed on behalf of such interests

by State and local agencies, as determined by the Secretary.’’;

and

(2) in subsection (c) by striking ‘‘$5,500,000’’ and inserting

‘‘$11,000,000’’.

SEC. 562. CURWENSVILLE LAKE, PENNSYLVANIA.

The Secretary shall modify the allocation of costs for the water

reallocation project at Curwensville Lake, Pennsylvania, to the

extent that the Secretary determines that such modification will

provide environmental restoration benefits in meeting instream flow

needs in the Susquehanna River basin.

SEC. 563. HOPPER DREDGE MCFARLAND.

(a) PROJECT AUTHORIZATION.—

(1) DETERMINATION.—The Secretary shall determine the

advisability and necessity of making modernization and efficiency improvements to the hopper dredge McFarland. In making such determination, the Secretary shall—

(A) assess the need for returning the dredge to active

service;
PUBLIC LAW 104–303—OCT. 12, 1996 110 STAT. 3785

(B) determine whether the McFarland should be

returned to active service or the reserve fleet after the

potential improvements are completed and paid for; and

(C) establish minimum standards of dredging service

to be met in areas served by the McFarland while the

dredge is undergoing improvements.

(2) AUTHORIZATION.—If the Secretary determines under

paragraph (1) that such modernization and efficiency improvements are advisable and necessary, the Secretary may carry

out the modernization and efficiency improvements. The Secretary may carry out such improvements only at the Philadelphia Naval Shipyard, Pennsylvania.

(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated to carry out this section $20,000,000.

SEC. 564. PHILADELPHIA, PENNSYLVANIA.

(a) WATER WORKS RESTORATION.—

(1) IN GENERAL.—Upon completion of a report by the Corps

of Engineers that such work is technically sound, environmentally acceptable, and economic, as applicable, the Secretary

shall provide planning, design, and construction assistance for

the protection and restoration of the Philadelphia, Pennsylvania, Water Works.

(2) COORDINATION.—In providing assistance under this subsection, the Secretary shall coordinate with the Fairmount Park

Commission and the Secretary of the Interior.

(3) FUNDING.—There is authorized to be appropriated to

carry out this subsection $1,000,000.

(b) COOPERATION AGREEMENT FOR SCHUYLKILL NAVIGATION

CANAL.—

(1) IN GENERAL.—The Secretary shall enter into a cooperation agreement with the city of Philadelphia, Pennsylvania,

to participate in the rehabilitation of the Schuylkill Navigation

Canal at Manayunk.

(2) LIMITATION ON FEDERAL SHARE.—The Federal share

of the cost of the rehabilitation under paragraph (1) shall

not exceed $300,000 for each fiscal year.

(3) AREA INCLUDED.—For purposes of this subsection, the

Schuylkill Navigation Canal includes the section approximately

10,000 feet long extending between Lock and Fountain Streets,

Philadelphia, Pennsylvania.

(c) SCHUYLKILL RIVER PARK.—

(1) ASSISTANCE.—Upon completion of a report by the Corps

of Engineers that such work is technically sound, environmentally acceptable, and economic, as applicable, the Secretary

may provide technical, planning, design, and construction

assistance for the Schuylkill River Park, Philadelphia, Pennsylvania.

(2) FUNDING.—There is authorized to be appropriated to

carry out this subsection $2,700,000.

(d) PENNYPACK PARK.—

(1) ASSISTANCE.—Upon completion of a report by the Corps

of Engineers that such work is technically sound, environmentally acceptable, and economic, as applicable, the Secretary

may provide technical, design, construction, and financial

assistance for measures for the improvement and restoration

Reports.
110 STAT. 3786 PUBLIC LAW 104–303—OCT. 12, 1996

of aquatic habitats and aquatic resources at Pennypack Park,

Philadelphia, Pennsylvania.

(2) COOPERATION AGREEMENTS.—In providing assistance

under this subsection, the Secretary shall enter into cooperation

agreements with the city of Philadelphia, acting through the

Fairmount Park Commission.

(3) FUNDING.—There is authorized to be appropriated to carry out this subsection $15,000,000.

(e) FRANKFORD DAM.— (1) COOPERATION AGREEMENTS.—The Secretary may enter

into cooperation agreements with the city of Philadelphia, Pennsylvania, acting through the Fairmount Park Commission, to

provide assistance for the elimination of the Frankford Dam,

the replacement of the Rhawn Street Dam, and modifications

to the Roosevelt Dam and the Verree Road Dam.

(2) FUNDING.—There is authorized to be appropriated to carry out this subsection $900,000.

SEC. 565. SEVEN POINTS VISITORS CENTER, RAYSTOWN LAKE, PENNSYLVANIA.

(a) IN GENERAL.—The Secretary shall construct a visitors center

and related public use facilities at the Seven Points Recreation

Area at Raystown Lake, Pennsylvania, generally in accordance

with the Master Plan Update (1994) for the Raystown Lake Project.

(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated to carry out this section $2,500,000.

SEC. 566. SOUTHEASTERN PENNSYLVANIA.

(a) ESTABLISHMENT OF PROGRAM.—The Secretary may establish

a pilot program for providing environmental assistance to nonFederal interests in southeastern Pennsylvania.

(b) FORM OF ASSISTANCE.—Assistance under this section may

be in the form of design and construction assistance for waterrelated environmental infrastructure and resource protection and

development projects in southeastern Pennsylvania, including

projects for waste water treatment and related facilities, water

supply and related facilities, and surface water resource protection

and development.

(c) PUBLIC OWNERSHIP REQUIREMENT.—The Secretary may provide assistance for a project under this section only if the project

is publicly owned.

(d) LOCAL COOPERATION AGREEMENTS.— (1) IN GENERAL.—Before providing assistance under this

section, the Secretary shall enter into a local cooperation agreement with a non-Federal interest to provide for design and

construction of the project to be carried out with such assistance.

(2) REQUIREMENTS.—Each local cooperation agreement

entered into under this subsection shall provide for the following:

(A) PLAN.—Development by the Secretary, in consultation with appropriate Federal and State officials, of a facilities or resource protection and development plan, including

appropriate engineering plans and specifications.

(B) LEGAL AND INSTITUTIONAL STRUCTURES.—Establishment of such legal and institutional structures as are necessary to ensure the effective long-term operation of the

project by the non-Federal interest.
PUBLIC LAW 104–303—OCT. 12, 1996 110 STAT. 3787

(3) COST SHARING.— (A) IN GENERAL.—Total project costs under each local

cooperation agreement entered into under this subsection

shall be shared at 75 percent Federal and 25 percent nonFederal. The Federal share may be in the form of grants

or reimbursements of project costs.

(B) CREDIT FOR DESIGN WORK.—The non-Federal

interest shall receive credit for the reasonable costs of

design work completed by such interest prior to entering

into a local cooperation agreement with the Secretary for

a project. The credit for such design work shall not exceed

6 percent of the total construction costs of the project.

(C) CREDIT FOR INTEREST.—In the event of a delay

in the funding of the non-Federal share of a project that

is the subject of an agreement under this section, the

non-Federal interest shall receive credit for reasonable

interest incurred in providing the non-Federal share of

a project’s cost.

(D) LANDS, EASEMENTS, AND RIGHTS-OF-WAY CREDIT.—

The non-Federal interest shall receive credit for lands,

easements, rights-of-way, and relocations toward its share

of project costs (including all reasonable costs associated

with obtaining permits necessary for the construction, operation, and maintenance of such project on publicly owned

or controlled lands), but not to exceed 25 percent of total

project costs.

(E) OPERATION AND MAINTENANCE.—The non-Federal

share of operation and maintenance costs for projects constructed with assistance provided under this section shall

be 100 percent.

(e) APPLICABILITY OF OTHER FEDERAL AND STATE LAWS.—Nothing in this section shall be construed as waiving, limiting, or otherwise affecting the applicability of any provision of Federal or State

law that would otherwise apply to a project to be carried out

with assistance provided under this section.

(f) REPORT.—Not later than December 31, 1998, the Secretary

shall transmit to Congress a report on the results of the pilot

program carried out under this section, together with recommendations concerning whether or not such program should be implemented on a national basis.

(g) SOUTHEASTERN PENNSYLVANIA DEFINED.—In this section,

the term ‘‘southeastern Pennsylvania’’ means Philadelphia, Bucks,

Chester, Delaware, and Montgomery Counties, Pennsylvania.

(h) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated to carry out this section $25,000,000.

SEC. 567. UPPER SUSQUEHANNA RIVER BASIN, PENNSYLVANIA AND

NEW YORK.

(a) STUDY AND STRATEGY DEVELOPMENT.—The Secretary, in

cooperation with the Secretary of Agriculture, the State of Pennsylvania, and the State of New York, shall conduct a study, and

develop a strategy, for using wetland restoration, soil and water

conservation practices, and nonstructural measures to reduce flood

damage, improve water quality, and create wildlife habitat in the

following portions of the Upper Susquehanna River basin:

(1) The Juniata River watershed, Pennsylvania, at an estimated Federal cost of $8,000,000.
110 STAT. 3788 PUBLIC LAW 104–303—OCT. 12, 1996

(2) The Susquehanna River watershed upstream of the

Chemung River, New York, at an estimated Federal cost of

$5,000,000.

(b) NON-FEDERAL SHARE.—The non-Federal share of the cost

of the study and development of the strategy shall be 25 percent

and may be provided through in-kind services and materials.

(c) COOPERATION AGREEMENTS.—In conducting the study and

developing the strategy under this section, the Secretary may enter

into cooperation agreements to provide financial assistance to appropriate Federal, State, and local government agencies, including

assistance for the implementation of wetland restoration projects

and soil and water conservation measures.

(d) IMPLEMENTATION.—The Secretary shall undertake development and implementation of the strategy authorized by this section

in cooperation with local landowners and local government officials.

SEC. 568. WILLS CREEK, HYNDMAN, PENNSYLVANIA.

The Secretary may carry out a project for flood control, Wills

Creek, Borough of Hyndman, Pennsylvania, at an estimated total

cost of $5,000,000.

SEC. 569. BLACKSTONE RIVER VALLEY, RHODE ISLAND AND

MASSACHUSETTS.

(a) IN GENERAL.—The Secretary, in coordination with Federal,

State, and local interests, shall provide technical, planning, and

design assistance in the development and restoration of the Blackstone River Valley National Heritage Corridor, Rhode Island and

Massachusetts.

(b) FEDERAL SHARE.—Funds made available under this section

for planning and design of a project may not exceed 75 percent

of the total cost of such planning and design.

SEC. 570. DREDGED MATERIAL CONTAINMENT FACILITY FOR PORT

OF PROVIDENCE, RHODE ISLAND.

(a) IN GENERAL.—The Secretary may construct, operate, and

maintain a dredged material containment facility with a capacity

commensurate with the long-term dredged material disposal needs

of port facilities under the jurisdiction of the Port of Providence,

Rhode Island.

(b) COST SHARING.—The costs associated with feasibility

studies, design, engineering, and construction shall be shared with

the non-Federal interest in accordance with section 101 of the

Water Resources Development Act of 1986 (33 U.S.C. 2211).

(c) PUBLIC BENEFIT.—After the facility constructed under subsection (a) has been filled to capacity with dredged material, the

Secretary shall maintain the facility for the public benefit.

SEC. 571. QUONSET POINT-DAVISVILLE, RHODE ISLAND.

The Secretary shall replace the bulkhead between piers 1 and

2 at the Quonset Point-Davisville Industrial Park, Rhode Island,

at a total cost of $1,350,000, with an estimated Federal cost of

$1,012,500 and an estimated non-Federal cost of $337,500. In

conjunction with this project, the Secretary shall install high mast

lighting at pier 2 at a total cost of $300,000, with an estimated

Federal cost of $225,000 and an estimated non-Federal cost of

$75,000.
PUBLIC LAW 104–303—OCT. 12, 1996 110 STAT. 3789

SEC. 572. EAST RIDGE, TENNESSEE.

The Secretary shall conduct a limited reevaluation of the flood

management study for the East Ridge and Hamilton County area,

Tennessee, undertaken by the Tennessee Valley Authority and may

carry out the project at an estimated total cost of up to $25,000,000.

SEC. 573. MURFREESBORO, TENNESSEE.

The Secretary may carry out a project for environmental

enhancement, Murfreesboro, Tennessee, in accordance with the

Report and Environmental Assessment, Black Fox, Murfree and

Oaklands Spring Wetlands, Murfreesboro, Rutherford County, Tennessee, dated August 1994.

SEC. 574. TENNESSEE RIVER, HAMILTON COUNTY, TENNESSEE.

The Secretary shall conduct a study for a project for bank

stabilization, Tennessee River, Hamilton County, Tennessee, and,

if the Secretary determines that the project is feasible, may carry

out the project, at a maximum Federal cost of $7,500,000.

SEC. 575. HARRIS COUNTY, TEXAS.

(a) IN GENERAL.—During any evaluation of economic benefits

and costs for projects set forth in subsection (b) that occurs after

the date of the enactment of this Act, the Secretary shall not

consider flood control works constructed by non-Federal interests

within the drainage area of such projects prior to the date of

such evaluation in the determination of conditions existing prior

to construction of the project.

(b) SPECIFIC PROJECTS.—The projects to which subsection (a)

apply are—

(1) the project for flood control, Buffalo Bayou Basin, Texas,

authorized by section 203 of the Flood Control Act of 1954

(68 Stat. 1258);

(2) the project for flood control, Buffalo Bayou and tributaries, Texas, authorized by section 101(a) of the Water

Resources Development Act of 1990 (104 Stat. 4610); and

(3) the project for flood control, Cypress Creek, Texas,

authorized by section 3(a)(13) of the Water Resources Development Act of 1988 (102 Stat. 4014).

SEC. 576. NEABSCO CREEK, VIRGINIA.

The Secretary shall carry out a project for flood control, Neabsco

Creek Watershed, Prince William County, Virginia, at an estimated

total cost of $1,500,000.

SEC. 577. TANGIER ISLAND, VIRGINIA.

(a) IN GENERAL.—The Secretary shall design and construct

a breakwater at the North Channel on Tangier Island, Virginia,

at a total cost of $1,200,000, with an estimated Federal cost of

$900,000 and an estimated non-Federal cost of $300,000.

(b) COST-BENEFIT RATIO.—Congress finds that in view of the

historic preservation benefits resulting from the project authorized

by this section, the overall benefits of the project exceed the costs

of the project.

SEC. 578. PIERCE COUNTY, WASHINGTON.

(a) PROVISION OF TECHNICAL ASSISTANCE.—The Secretary shall

provide technical assistance to Pierce County, Washington, to

address measures that are necessary to ensure that non-Federal
110 STAT. 3790 PUBLIC LAW 104–303—OCT. 12, 1996

levees are adequately maintained and satisfy eligibility criteria

for rehabilitation assistance under section 5 of the Act entitled

‘‘An Act authorizing the construction of certain public works on

rivers and harbors for flood control, and for other purposes’’,

approved August 18, 1941 (33 U.S.C. 701n; 55 Stat. 650).

(b) PURPOSE OF ASSISTANCE.—The purpose of the assistance

under this section shall be to provide a review of the requirements

of the Puyallup Tribe of Indians Settlement Act of 1989 (25 U.S.C.

1773 et seq.; 103 Stat. 83) and standards for project maintenance

and vegetation management used by the Secretary in order to

determine eligibility for levee rehabilitation assistance and, if appropriate, to amend such standards as needed to make non-Federal

levees eligible for assistance that may be necessary as a result

of future flooding.

SEC. 579. GREENBRIER RIVER BASIN, WEST VIRGINIA, FLOOD PROTECTION.

(a) IN GENERAL.—The Secretary may design and implement

a flood damage reduction program for the Greenbrier River Basin,

West Virginia, in the vicinity of Durbin, Cass, Marlinton, Renick,

Ronceverte, and Alderson as generally presented in the District

Engineer’s draft Greenbrier River Basin Study Evaluation Report,

dated July 1994, to the extent provided under subsection (b) to

afford such communities a level of protection against flooding sufficient to reduce future losses to such communities from the likelihood

of flooding such as occurred in November 1985, January 1996,

and May 1996.

(b) FLOOD PROTECTION MEASURES.—The flood damage reduction program referred to in subsection (a) may include the following

as the Chief of Engineers determines necessary and advisable in

consultation with the communities referred to in subsection (a):

(1) Local protection projects such as levees, floodwalls,

channelization, small tributary stream impoundments, and nonstructural measures such as individual floodproofing.

(2) Floodplain relocations and resettlement site developments, floodplain evacuations, and a comprehensive river corridor and watershed management plan generally in accordance

with the District Engineer’s draft Greenbrier River Corridor

Management Plan, Concept Study, dated April 1996.

(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated to carry out this section $12,000,000.

SEC. 580. LOWER MUD RIVER, MILTON, WEST VIRGINIA.

The Secretary shall conduct a limited reevaluation of the watershed plan and the environmental impact statement prepared for

the Lower Mud River, Milton, West Virginia, by the Natural

Resources Conservation Service pursuant to the Watershed Protection and Flood Prevention Act (16 U.S.C. 1001 et seq.) and may

carry out the project.

SEC. 581. WEST VIRGINIA AND PENNSYLVANIA FLOOD CONTROL.

(a) IN GENERAL.—The Secretary may design and construct flood

control measures in the Cheat and Tygart River Basins, West

Virginia, and the Lower Allegheny, Lower Monongahela, West

Branch Susquehanna, and Juniata River Basins, Pennsylvania, at

a level of protection sufficient to prevent any future losses to these

communities from flooding such as occurred in January 1996, but

no less than a 100-year level of flood protection.
PUBLIC LAW 104–303—OCT. 12, 1996 110 STAT. 3791

(b) PRIORITY COMMUNITIES.—In carrying out this section, the

Secretary shall give priority to the communities of—

(1) Parsons and Rowlesburg, West Virginia, in the Cheat

River Basin;

(2) Bellington and Phillipi, West Virginia, in the Tygart

River Basin;

(3) Connellsville, Pennsylvania, in the Lower Monongahela

River Basin;

(4) Benson, Hooversville, Clymer, and New Bethlehem,

Pennsylvania, in the Lower Allegheny River Basin;

(5) Patton, Barnesboro, Coalport, and Spangler, Pennsylvania, in the West Branch Susquehanna River Basin; and

(6) Bedford, Linds Crossings, and Logan Township in the

Juniata River Basin.

(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated to carry out this section $12,000,000.

SEC. 582. SITE DESIGNATION.

Section 102(c)(4) of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1412(c)(4)) is amended—

(1) by inserting after ‘‘for a site’’ the following: ‘‘(other

than the site located off the coast of Newport Beach, California,

which is known as ‘LA–3’)’’; and

(2) by adding at the end the following: ‘‘Beginning January

1, 2000, no permit for dumping pursuant to this Act or

authorization for dumping under section 103(e) shall be issued

for the site located off the coast of Newport Beach, California,

which is known as ‘LA–3’, unless such site has received a

final designation pursuant to this subsection or an alternative

site has been selected pursuant to section 103(b).’’.

SEC. 583. LONG ISLAND SOUND.

Section 119(e) of the Federal Water Pollution Control Act (33

U.S.C. 1269(e)) is amended by striking ‘‘1996’’ each place it appears

and inserting ‘‘2001’’.

SEC. 584. WATER MONITORING STATION.

(a) ASSISTANCE.—The Secretary shall provide assistance to nonFederal interests for reconstruction of the water monitoring station

on the North Fork of the Flathead River, Montana.

(b) FUNDING.—There is authorized to be appropriated to carry out this section $50,000.

SEC. 585. OVERFLOW MANAGEMENT FACILITY.

(a) ASSISTANCE.—The Secretary shall provide assistance to the

Narragansett Bay Commission for the construction of a combined

river overflow management facility in Rhode Island.

(b) FUNDING.—There is authorized to be appropriated to carry

out this section $30,000,000.

SEC. 586. PRIVATIZATION OF INFRASTRUCTURE ASSETS.

(a) IN GENERAL.—Notwithstanding the provisions of title II

of the Federal Water Pollution Control Act (33 U.S.C. 1281 et

seq.), Executive Order 12803, or any other law or authority, an

entity that received Federal grant assistance for an infrastructure

asset under the Federal Water Pollution Control Act shall not

be required to repay any portion of the grant upon the lease or

concession of the asset only if—

33 USC 1281

note.

Rhode Island.

Montana.

Effective date.

California.
110 STAT. 3792 PUBLIC LAW 104–303—OCT. 12, 1996

LEGISLATIVE HISTORY—S. 640 (H.R. 3592):

HOUSE REPORTS: Nos. 104–695 accompanying H.R. 3592 (Comm. on Transportation and Infrastructure) and 104–843 (Comm. on Conference).

SENATE REPORTS: No. 104–170 (Comm. on Environment and Public Works).

CONGRESSIONAL RECORD, Vol. 142 (1996):

July 11, considered and passed Senate.

July 30, H.R. 3592 considered and passed House; S. 640, amended, passed

in lieu.

Sept. 26, House agreed to conference report.

Sept. 27, Senate agreed to conference report.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 32 (1996):

Oct. 12, Presidential statement.

Æ

(1) ownership of the asset remains with the entity that

received the grant; and

(2) the Administrator of the Environmental Protection

Agency determines that the lease or concession furthers the

purposes of such Act and approves the lease or concession.

(b) LIMITATION.—The Administrator shall not approve a total

of more than 5 leases and concessions under this section.

TITLE VI—EXTENSION OF EXPENDITURE AUTHORITY UNDER HARBOR

MAINTENANCE TRUST FUND

SEC. 601. EXTENSION OF EXPENDITURE AUTHORITY UNDER HARBOR

MAINTENANCE TRUST FUND.

Paragraph (1) of section 9505(c) of the Internal Revenue Code

of 1986 (relating to expenditures from Harbor Maintenance Trust

Fund) is amended to read as follows:

‘‘(1) to carry out section 210 of the Water Resources Development Act of 1986 (as in effect on the date of the enactment

of the Water Resources Development Act of 1996),’’.

Approved October 12, 1996.

26 USC 9505.