I

104TH CONGRESS

2D SESSION H. R. 3563

To provide for the conservation and development of water and related resources, to authorize the Secretary of the Army to construct various

projects for improvements to rivers and harbors of the United States,

and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JUNE 4, 1996

Mr. SHUSTER (for himself and Mr. OBERSTAR) (both by request) introduced

the following bill; which was referred to the Committee on Transportation

and Infrastructure

A BILL

To provide for the conservation and development of water

and related resources, to authorize the Secretary of the

Army to construct various projects for improvements to

rivers and harbors of the United States, and for other

purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

5 ‘‘Water Resources Development Act of 1996’’.

6 (b) TABLE OF CONTENTS.—

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

•HR 3563 IH

Sec. 2. Definitions.

Sec. 3. Project authorizations.

Sec. 4. Project modifications.

Sec. 5. Expansion of section 1135 program.

Sec. 6. Ecosystem restoration.

Sec. 7. Planning assistance to States.

Sec. 8. Regulatory Program Fund.

Sec. 9. Recovery of costs for clean up of hazardous substances.

Sec. 10. Engineering and environmental innovations of national significance.

Sec. 11. Cost-sharing of environmental projects.

Sec. 12. Federal lump-sum payments for Federal operation and maintenance

costs.

Sec. 13. Selection of and cost-sharing for dredged material disposal facilities.

Sec. 14. Waiver of uneconomical cost-sharing requirements.

Sec. 15. Buford Trenton Irrigation District.

Sec. 16. City of North Bonneville, Washington.

Sec. 17. Collaborative research and development.

Sec. 18. Research and development in support of Army civil works program.

Sec. 19. National inventory of dams.

Sec. 20. Teton County, Wyoming.

Sec. 21. Interagency and international support authority.

Sec. 22. Project deauthorizations.

Sec. 23. Flood Insurance Interagency Task Force.

Sec. 24. State and Federal agency review period.

Sec. 25. Recreation user fee revenues.

Sec. 26. Technical Advisory Committee.

Sec. 27. Revocation of section 211, River and Harbor Act of 1950.

Sec. 28. Technical corrections.

Sec. 29. Discontinuance of maintenance of low-use ports.

Sec. 30. Structural flood control cost-sharing and floodplain management requirements.

Sec. 31. Study authorities.

Sec. 32. Montgomery Point Lock and Dam.

Sec. 33. Lease authority.

Sec. 34. Section 215 reimbursement limitation per project.

Sec. 35. Poplar Island, Maryland.

Sec. 36. Removal of study prohibitions .

1 SEC. 2. DEFINITIONS.

2 For purposes of this Act, the term ‘‘Secretary’’

3 means the Secretary of the Army.

4 SEC. 3. PROJECT AUTHORIZATIONS.

5 The following projects for water resources develop6 ment and conservation and other purposes are authorized

7 to be carried out by the Secretary substantially in accord8 ance with the plans, and subject to the conditions, rec-
3

•HR 3563 IH

1 ommended in the respective reports designated in this sec2 tion:

3 (1) HUMBOLDT HARBOR AND BAY, CALIFOR4 NIA.—The project for navigation, Humboldt Harbor

5 and Bay, California: Report of the Chief of Engi6 neers, dated October 30, 1995, at a total cost of

7 $15,180,000, with an estimated Federal share of

8 $10,116,000 and an estimated non-Federal share of

9 $5,064,000.

10 (2) SAN LORENZO RIVER, CALIFORNIA.—The

11 project for flood damage reduction, San Lorenzo

12 River, California: Report of the Chief of Engineers,

13 dated June 30, 1994, at a total cost of $16,900,000,

14 with an estimated Federal cost of $8,450,000 and

15 an estimated non-Federal costs of $8,450,000.

16 (3) PALM VALLEY BRIDGE REPLACEMENT, ST.

17 JOHNS COUNTY, FLORIDA.—The project for naviga18 tion, Palm Valley Bridge, County Road 210, over

19 the Atlantic Intracoastal Waterway in St. Johns

20 County, Florida: Report of the Chief of Engineers,

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

22 $15,881,000, provided that St. Johns County enters

23 into a written agreement in which it agrees to as24 sume full ownership of the replacement bridge after

25 construction and responsibility for operation, main-
4

•HR 3563 IH

1 tenance, repair, replacement, and rehabilitation of

2 the replacement bridge.

3 (4) ILLINOIS SHORELINE STORM DAMAGE RE4 DUCTION, WILMETTE TO ILLINOIS AND INDIANA

5 STATE LINE, ILLINOIS.—The project for lake level

6 flooding and storm damage reduction, extending

7 from Wilmette, Illinois, to the Illinois and Indiana

8 State line: Report of the Chief of Engineers, dated

9 April 14, 1994, at a total cost of $204,000,000, with

10 an estimated Federal cost of $110,000,000, and an

11 estimated non-Federal cost of $94,000,000. The

12 Secretary shall reimburse the project sponsor for the

13 Federal share of any costs the project sponsor

14 incurrs in constructing the breakwater near the

15 South Water Filtration Plant, in Chicago, Illinois.

16 (5) POND CREEK, KENTUCKY.—The project for

17 flood damage reduction, Pond Creek, Kentucky: Re18 port of the Chief of Engineers, dated June 28, 1994,

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

20 Federal cost of $8,040,000 and an estimated non21 Federal cost of $8,040,000.

22 (6) WOLF CREEK HYDROPOWER, CUMBERLAND

23 RIVER, KENTUCKY.—The project for hydropower,

24 Wolf Creek Dam and Lake Cumberland, Kentucky:

25 Report of the Chief of Engineers, dated June 28,
5

•HR 3563 IH

1 1994, at a total cost of $53,763,000. The non-Fed2 eral share of project costs shall be 100%, in accord3 ance with section 103(c) of the Water Resources De4 velopment Act of 1986. Funds derived by the Ten5 nessee Valley Authority from its power program and

6 funds derived from any private or public entity des7 ignated by the Southeastern Power Administration

8 may be used to pay for all or a part of the non9 Federal project cost requirements.

10 (7) WOOD RIVER, GRAND ISLAND, NEBRASKA.—

11 The project for flood damage reduction, Wood River,

12 Grand Island, Nebraska: Report of the Chief of En13 gineers, dated May 3, 1994, at a total cost of

14 $11,800,000, with an estimated Federal cost of

15 $5,900,000 and an estimated non-Federal cost of

16 $5,900,000.

17 (8) WILMINGTON HARBOR, NORTH CAROLINA.—

18 The project for navigation, Wilmington Harbor,

19 Cape Fear - Northeast Cape Fear Rivers, North

20 Carolina: Report of the Chief of Engineers, dated

21 June 24, 1994, at a total cost of $23,953,000, with

22 an estimated Federal cost of $15,032,000 and an es23 timated non-Federal cost of $8,921,000.

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

25 damage reduction, Duck Creek, Ohio: Report of the
6

•HR 3563 IH

1 Chief of Engineers, dated June 28, 1994, at a total

2 cost of $15,947,000, with an estimated Federal

3 share of $7,973,500 and an estimated non-Federal

4 share of $7,973,500.

5 (10) RIO GRANDE DE ARECIBO, PUERTO

6 RICO.—The project for flood damage reduction, Rio

7 Grande de Arecibo, Puerto Rico: Report of the Chief

8 of Engineers dated April 5, 1994, at a total cost of

9 $19,951,000, with an estimated Federal share of

10 $9,975,500 and an estimated non-Federal share of

11 $9,975,500.

12 (11) BIG SIOUX RIVER, SIOUX FALLS, SOUTH

13 DAKOTA.—The project for flood damage reduction,

14 Big Sioux River, Sioux Falls, South Dakota: Report

15 of the Chief of Engineers dated June 30, 1994, at

16 a total cost of $34,600,000, with an estimated Fed17 eral share of $17,300,000 and an estimated non18 Federal share of $17,300,000.

19 (12) MARMET LOCK REPLACEMENT, WEST VIR20 GINIA.— The project for navigation, Marmet Lock

21 Replacement, Marmet Lock and Dam, Kanawha

22 River, West Virginia: Report of the Chief of Engi23 neers, dated June 24, 1994, at a total cost of

24 $229,581,000. Of the total cost, one-half is to be

25 paid from amounts appropriated from the general
7

•HR 3563 IH

1 fund of the Treasury and one-half is to be paid from

2 amounts appropriated from the Inland Waterways

3 Trust Fund.

4 (13) AMERICAN RIVER WATERSHED, CALIFOR5 NIA.—The project for flood damage reduction,

6 American and Sacramento Rivers, California: Sup7 plemental Information Report for the American

8 River Watershed Project, California, dated March

9 1996, at a total cost of $57,300,000, with an esti10 mated Federal cost of $28,650,000 and an esti11 mated non-Federal cost of $28,650,000, consisting

12 of approximately 24 miles of slurry wall in the exist13 ing levees along the lower American River; approxi14 mately 12 miles of levee modifications along the east

15 bank of the Sacramento River downstream from the

16 Natomas Cross Canal; 3 telemeter streamflow gages

17 upstream from the Folsom Reservoir; and modifica18 tions to the existing flood warning system along the

19 lower American River. The non-Federal project

20 sponsor shall receive credit toward the non-Federal

21 share of project costs for expenses it has incurred

22 for design or construction of any of the features au23 thorized pursuant to this paragraph prior to the

24 time Federal funds are appropriated for construction

25 of the project. The amount of the credit shall be de-
8

•HR 3563 IH

1 termined by the Secretary. The Secretary of the In2 terior shall continue to operate the Folsom Dam and

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

4 of flood control storage capacity as an interim meas5 ure and extend the agreement between the Bureau

6 of Reclamation and the Sacramento Area Flood

7 Control Agency until such time as a comprehensive

8 flood control plan for the American River Watershed

9 has been implemented. The non-Federal project

10 sponsor shall be responsible for all operation, main11 tenance, repair, replacement, and rehabilitation costs

12 associated with the improvements undertaken pursu13 ant to this paragraph, as well as costs for the vari14 able flood control operation of the Folsom Dam and

15 Reservoir.

16 SEC. 4. PROJECT MODIFICATIONS.

17 (a) CENTRAL AND SOUTHERN FLORIDA: CANAL C–

18 111.—The project for Central and Southern Florida, au19 thorized by section 203 of the Flood Control Act of 1968

20 (Public Law 90-483), is modified to authorize the Sec21 retary to implement the recommended plan of improve22 ment contained in the District Engineer’s Report entitled

23 ‘‘Central and Southern Florida Project, Final Integrated

24 General Reevaluation Report and Environmental Impact

25 Statement, Canal 111 (C–111), South Dade County, Flor-
9

•HR 3563 IH

1 ida’’, dated May 1994, including acquisition of such por2 tions of the Frog Pond and Rocky Glades areas as are

3 needed for the project. The Federal share of the cost of

4 implementing the plan of improvement shall be 50 percent.

5 The Department of the Interior shall pay 25 percent of

6 the cost of acquiring such portions of the Frog Pond and

7 Rocky Glades areas as are needed for the project, which

8 amount shall be included in the Federal share. The non9 Federal share of operation and maintenance costs of the

10 improvements undertaken pursuant to this subsection

11 shall be 100 percent; except that the Federal Government

12 shall reimburse the non-Federal project sponsor 60 per13 cent of the costs of operating and maintaining pump sta14 tions that pump water into Taylor Slough in Everglades

15 National Park.

16 (b) CENTRAL AND SOUTHERN FLORIDA: CANAL C–

17 51.—The project for flood protection of West Palm Beach,

18 Florida (C–51), authorized by section 203 of the Flood

19 Control Act of 1962 (Public Law 87–874), is modified to

20 provide for construction of an enlarged stormwater deten21 tion area, Storm Water Treatment Area 1 East, generally

22 in accordance with the plan of improvements described in

23 the February 15, 1994, report entitled ‘‘Everglades Pro24 tection Project, Palm Beach County, Florida, Conceptual

25 Design’’, prepared by Burns and McDonnell, and as fur-
10

•HR 3563 IH

1 ther described in detailed design documents to be ap2 proved by the Secretary. The additional work authorized

3 by this subsection shall be accomplished at complete Fed4 eral expense in recognition of the water supply benefits

5 accruing to the Loxahatchee National Wildlife Refuge and

6 the Everglades National Park and in recognition of the

7 statement in support of the Everglades restoration effort

8 set forth in the document signed by the Department of

9 the Interior and the Department of the Army in July

10 1993. Operation and maintenance of the stormwater de11 tention area shall be consistent with regulations prescribed

12 by the Secretary for the Central and Southern Florida

13 project, with all costs of such operation and maintenance

14 work borne by non-Federal interests.

15 (c) ARKANSAS CITY, KANSAS.—The project for flood

16 damage reduction, Arkansas City, Kansas, authorized by

17 section 401(a) of the Water Resources Development Act

18 of 1986 (100 Stat. 4116), is modified to authorize the Sec19 retary to construct the project at a total cost of

20 $38,500,000, with an estimated Federal cost of

21 $19,250,000 and an estimated non-Federal cost of

22 $19,250,000.

23 (d) NORTH BRANCH OF CHICAGO RIVER, ILLI24 NOIS.—The project for flood damage reduction for the

25 North Branch of the Chicago River, Illinois, authorized
11

•HR 3563 IH

1 by section 401(a) of the Water Resources Development

2 Act of 1986 (100 Stat. 4115) is modified to authorize the

3 Secretary to construct the project at a total cost of

4 $34,228,000, with an estimated Federal cost of

5 $20,905,000 and an estimated non-Federal cost of

6 $13,323,000.

7 (e) CAPE GIRARDEAU, MISSOURI.—The project for

8 flood damage reduction, Cape Girardeau, Jackson Metro9 politan Area, Missouri, authorized by section 401(a) of the

10 Water Resources Development Act of 1986 (100 Stat.

11 4118–4119) is modified to authorize the Secretary to con12 struct the project at a total cost of $45,414,000, with an

13 estimated Federal cost of $33,030,000 and an estimated

14 non-Federal cost of $12,384,000.

15 (f) SAW MILL RUN, PENNSYLVANIA.—The project

16 for flood damage reduction, Saw Mill Run, Pittsburgh,

17 Pennsylvania, authorized by section 401(a) of the Water

18 Resources Development Act of 1986 (100 Stat. 4124) is

19 modified to authorize the Secretary to construct the

20 project at a total cost of $12,780,000, with an estimated

21 Federal share of $6,390,000 and an estimated non-Fed22 eral share of $6,390,000.

23 (g) SAN JUAN HARBOR, PUERTO RICO.—The project

24 for navigation, San Juan Harbor, Puerto Rico, authorized

25 by section 202(a) of the Water Resources Development
12

•HR 3563 IH

1 Act of 1986 (100 Stat. 4097) is modified to authorize the

2 Secretary to implement the project in accordance with the

3 General Reevaluation Report and Environmental Assess4 ment dated March 1994 at a total cost of $43,993,000,

5 with an estimated Federal cost of $27,341,000 and an es6 timated non-Federal cost of $16,652,000.

7 (h) REMOVAL OF NAVIGATION HAZARD, SEEKONK

8 RIVER, PROVIDENCE, RHODE ISLAND.—Section 1166(c)

9 of the Water Resources Development Act of 1986 (100

10 Stat. 4258–4259) is modified by—

11 (1) striking ‘‘$500,000’’ and replacing it with

12 ‘‘$1,300,000’’; and,

13 (2) striking ‘‘$250,000’’ each place it appears

14 and replacing it with ‘‘$650,000’’.

15 SEC. 5. EXPANSION OF SECTION 1135 PROGRAM.

16 Section 1135 of the Water Resources Development

17 Act of 1986 (33 U.S.C. 2309a) is amended by—

18 (1) striking the period at the end of subsection

19 (a) and inserting the following: ‘‘and to determine if

20 the operation of such projects has contributed to the

21 degradation of the quality of the environment.’’;

22 (2) striking the last 2 sentences of subsection

23 (b); and
13

•HR 3563 IH

1 (3) redesignating subsections (c), (d), and (e)

2 as (e), (f), and (g), respectively, and inserting after

3 subsection (b) the following new subsections:

4 ‘‘(c) If the Secretary determines that operation of a

5 water resources project has contributed to the degradation

6 of the quality of the environment, the Secretary may also

7 undertake measures for restoration of environmental qual8 ity, provided such measures are feasible and consistent

9 with the authorized project purposes.

10 ‘‘(d) The non-Federal share of the cost of any modi11 fications or measures carried out or undertaken pursuant

12 to subsections (b) or (c) of this section shall be 25 percent.

13 No more than $5,000,000 in Federal funds may be ex14 pended on any single modification or measure carried out

15 or undertaken pursuant to this section.’’.

16 SEC. 6. ECOSYSTEM RESTORATION.

17 (a) The Secretary is authorized to carry out eco18 system restoration and protection projects when the Sec19 retary determines that such projects will improve the qual20 ity of the environment and are in the public interest and

21 that the environmental and economic benefits, both mone22 tary and nonmonetary, of a project to be undertaken pur23 suant to this section justify the cost. Non-Federal inter24 ests shall provide 50 percent of the cost of construction

25 of any project carried out under this section, including
14

•HR 3563 IH

1 provision of all lands, easements, rights-of-ways and nec2 essary relocations.

3 (b) Construction of a project pursuant to this section

4 shall be initiated only after a non-Federal interest has en5 tered into a binding agreement with the Secretary to pay

6 the non-Federal share of the costs of construction required

7 by this section and to pay 100 percent of any operation,

8 maintenance, and replacement and rehabilitation costs of

9 the project in accordance with regulations prescribed by

10 the Secretary.

11 (c) No project may be carried out under this section

12 without specific authorization by Congress if the estimated

13 Federal cost of the project exceeds $5,000,000.

14 (d) There is authorized to be appropriated not to ex15 ceed $50,000,000 annually to carry out this section.

16 SEC. 7. PLANNING ASSISTANCE TO STATES.

17 Section 22 of the Water Resources Development Act

18 of 1974 (42 U.S.C. 1962d–16) is amended by—

19 (1) inserting ‘‘, watersheds or ecosystems’’ after

20 ‘‘basins’’ in subsection (a);

21 (2) striking subsection (b)(2) and redesignating

22 subsections (b)(3) and (b)(4) as (b)(2) and (b)(3),

23 respectively; and,
15

•HR 3563 IH

1 (3) striking ‘‘$6,000,000’’ and ‘‘$300,000’’ in

2 subsection (c) and inserting ‘‘$10,000,000’’ and

3 ‘‘$500,000’’, respectively.

4 SEC. 8. REGULATORY PROGRAM FUND.

5 (a) ESTABLISHMENT OF FUND.—There is hereby es6 tablished in the Treasury of the United States the ‘‘Army

7 Civil Works Regulatory Program Fund’’ (hereinafter re8 ferred to as the ‘‘Regulatory Program Fund’’) into which

9 shall be deposited fees collected by the Secretary pursuant

10 to subsection (b) of this section. Amounts deposited into

11 the Regulatory Program Fund are authorized to be appro12 priated to the Secretary to cover a portion of the expenses

13 incurred by the Department of the Army in administering

14 laws pertaining to the regulation of the navigable waters

15 of the United States, including wetlands.

16 (b) REGULATORY FEES.—(1) To the extent provided

17 for in appropriations Acts, the Secretary shall establish

18 and collect fees for the evaluation of commercial permit

19 applications, for the recovery of costs associated with the

20 preparation of Environmental Impact Statements required

21 by the National Environmental Policy Act of 1969, and

22 for the recovery of costs associated with wetlands delinea23 tions for major developments affecting wetlands. Amounts

24 collected pursuant to this paragraph shall be deposited
16

•HR 3563 IH

1 into the Regulatory Program Fund established by sub2 section (a) of this section.

3 (2) The fees described in paragraph (1) of this sub4 section shall be established by the Secretary at rates that

5 will allow for the recovery of receipts at amounts as pro6 vided for in appropriation Acts.

7 SEC. 9. RECOVERY OF COSTS FOR CLEAN UP OF HAZARD8 OUS SUBSTANCES.

9 Any amounts recovered under section 107 of the

10 Comprehensive Environmental Response, Compensation,

11 and Liability Act of 1980 (42 U.S.C. 9607) for any re12 sponse action taken by the Secretary in support of the

13 Army civil works program and any other amounts recov14 ered by the Secretary from a contractor, insurer, surety,

15 or other person to reimburse the Army for any expenditure

16 for environmental response activities in support of the

17 Army civil works program shall be credited to the trust

18 fund account from which the cost of such response action

19 has been paid or will be charged.

20 SEC. 10. ENGINEERING AND ENVIRONMENTAL INNOVA21 TIONS OF NATIONAL SIGNIFICANCE.

22 To encourage innovative and environmentally sound

23 engineering solutions and innovative environmental solu24 tions to problems of national significance, the Secretary

25 may undertake surveys, plans, and studies and prepare re-
17

•HR 3563 IH

1 ports which may lead to work under existing civil works

2 authorities or to recommendations for authorizations.

3 There is authorized to be appropriated up to $3,000,000

4 each fiscal year for the purpose of carrying out this sec5 tion. The Secretary may also accept and expend additional

6 funds from other Federal agencies, States, or non-Federal

7 entities for purposes of carrying out this section.

8 SEC. 11. COST-SHARING OF ENVIRONMENTAL PROJECTS.

9 Section 103(c) of the Water Resources Development

10 Act of 1986 (100 Stat. 4085) is amended by—

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

12 (2) inserting ‘‘and’’ at the end of paragraph

13 (6); and

14 (3) adding at the end the following new para15 graph:

16 ‘‘(7) environmental protection and restoration:

17 50 percent.’’.

18 SEC. 12. FEDERAL LUMP-SUM PAYMENTS FOR FEDERAL OP19 ERATION AND MAINTENANCE COSTS.

20 (a) At a water resources project where the non-Fed21 eral interest is responsible for performing the operation,

22 maintenance, replacement, and rehabilitation of the

23 project and the Federal Government is responsible for

24 paying a portion of the operation, maintenance, replace25 ment, and rehabilitation costs, the Secretary may provide,
18

•HR 3563 IH

1 under terms and conditions acceptable to the Secretary,

2 a payment of the estimated total Federal share of such

3 costs to the non-Federal interest after completion of con4 struction of the project or a separable element thereof.

5 (b) The amount to be paid shall be equal to the

6 present value of the Federal payments over the life of the

7 project, as estimated by the Government, and shall be

8 computed using an interest rate determined by the Sec9 retary of the Treasury taking into consideration current

10 market yields on outstanding marketable obligations of the

11 United States with maturities comparable to the remain12 ing life of the project.

13 (c) The Secretary may make a payment under this

14 section only if the non-Federal interest has entered into

15 a binding agreement with the Secretary to perform the

16 operation, maintenance, replacement, and rehabilitation of

17 the project or separable element. The agreement must be

18 in accordance with the requirements of section 221 of the

19 Flood Control Act of 1970 (84 Stat. 1818) and must con20 tain provisions specifying the terms and conditions under

21 which a payment may be made under this section and the

22 rights of, and remedies available to, the Federal Govern23 ment to recover all or a portion of a payment made under

24 this section in the event the non-Federal interest suspends

25 or terminates its performance of operation, maintenance,
19

•HR 3563 IH

1 replacement, and rehabilitation of the project or separable

2 element or fails to perform such activities in a manner

3 satisfactory to the Secretary.

4 (d) Except as provided in subsection (c), a payment

5 provided to the non-Federal interest under this section

6 shall relieve the Government of any future obligations for

7 paying any of the operation, maintenance, replacement,

8 and rehabilitation costs for the project or separable ele9 ment.

10 SEC. 13. SELECTION OF AND COST-SHARING FOR DREDGED

11 MATERIAL DISPOSAL FACILITIES.

12 (a) The cost of constructing all dredged material dis13 posal facilities associated with Federal navigation projects

14 for harbors and inland harbors, including the cost of

15 diking and the cost of other improvements necessary for

16 the proper disposal of dredged material shall be considered

17 a general navigation feature of such projects and shall be

18 cost shared in accordance with the procedures set forth

19 in section 101(a) of the Water Resources Development Act

20 of 1986 (100 Stat. 4083).

21 (b) The Federal share of the cost of operation and

22 maintenance of each disposal facility to which subsection

23 (a) applies shall be determined in accordance with section

24 101(b) of the Water Resources Development Act of 1986

25 (100 Stat. 4083).
20

•HR 3563 IH

1 (c) The Federal share of the cost of constructing

2 dredged material disposal facilities associated with the op3 eration and maintenance of all Federal navigation projects

4 for harbors and inland harbors shall be considered eligible

5 operation and maintenance costs for purposes of section

6 210(a) of the Water Resources Development Act of 1986

7 (100 Stat. 4106) and shall be paid for out of the Harbor

8 Maintenance Trust Fund established by section 1403 of

9 the Water Resources Development Act of 1986 (100 Stat.

10 4269–4270).

11 (d) Section 214(2)(A) of the Water Resources Devel12 opment Act of 1986 (100 Stat. 4108) is amended by in13 serting the following after ‘‘harbor or inland harbor’’: ‘‘,

14 dredging and disposing of contaminated sediments which

15 are in or which affect the maintenance of Federal naviga16 tion channels, mitigating for storm damage and environ17 mental impacts resulting from Federal maintenance activi18 ties, and operating and maintaining dredged material dis19 posal facilities’’.

20 (e) The Secretary shall ensure, to the extent prac21 ticable, that funding requirements for operation and main22 tenance dredging of commercial navigation harbors are

23 considered fully before Federal funds are obligated for

24 payment of the Federal share of costs associated with con25 struction of dredged material disposal facilities in accord-
21

•HR 3563 IH

1 ance with subsection (a) and that funds expended for such

2 construction are equitably apportioned in accordance with

3 regional needs.

4 (f) This section shall apply to the construction of

5 dredged material disposal facilities for which a contract

6 for construction has not been awarded on or before the

7 date of the enactment of this Act. The Secretary may, with

8 the consent of the non-Federal interest, amend a project

9 cooperation agreement executed prior to the date of the

10 enactment of this Act to reflect the provisions of sub11 section (a) of this section with regard to dredged material

12 disposal facilities for which a contract for construction has

13 not been awarded.

14 SEC. 14. WAIVER OF UNECONOMICAL COST-SHARING RE15 QUIREMENTS.

16 Section 221 of the Flood Control Act of 1970 (42

17 U.S.C. 1962d–5b) is amended by striking the period at

18 the end of the first sentence and inserting the following:

19 ‘‘; except that no such agreement shall be required if the

20 Secretary determines that the administrative costs associ21 ated with negotiating, executing, or administering the

22 agreement would exceed the amount of the contribution

23 required from the non-Federal interest.’’.
22

•HR 3563 IH

1 SEC. 15. BUFORD TRENTON IRRIGATION DISTRICT.

2 (a) The Secretary shall acquire permanent flowage

3 and saturation easements over—

4 (1) the lands in Williams County, North Da5 kota, extending from the riverward margin of the

6 Buford Trenton Irrigation District main canal to the

7 north bank of the Missouri River, beginning at the

8 Buford Trenton Irrigation District pumping station

located in the NE1 9 ⁄4 of Section 17, T–152–N, R–

10 104–W, and continuing northeasterly downstream to

11 the land referred to as the East Bottom; and,

12 (2) any other lands outside of the boundaries of

13 the Buford Trenton Irrigation District which are

14 contiguous to the District and which have been af15 fected by rising groundwater and surface flooding.

16 (b) The easement acquired by the Secretary pursuant

17 to this section shall include the right, power, and privilege

18 of the Government to submerge, overflow, percolate and

19 saturate the surface and subsurface of the land and such

20 other terms and conditions considered appropriate by the

21 Secretary.

22 (c) In acquiring the interests in the lands as provided

23 for in subsection (a) of this section, the Secretary shall

24 pay an amount based on the unaffected fee value of the

25 lands.
23

•HR 3563 IH

1 (d) Notwithstanding any other provision of law, the

2 Secretary shall convey to the Buford Trenton Irrigation

3 District all right, title, and interest of the United States

4 in the drainage pumps located within the boundaries of

5 the District. The Secretary is further authorized to pro6 vide a lump sum payment of $60,000 for power require7 ments associated with operation of the drainage pumps.

8 (e) There is authorized to be appropriated up to

9 $34,000,000 to carry out this section. Such sums shall

10 remain available until expended.

11 SEC. 16. CITY OF NORTH BONNEVILLE, WASHINGTON.

12 Section 9147 of Public Law 102–396 is amended by

13 striking all that follows ‘‘is further modified to’’ the first

14 place it appears in subsection (a) and inserting the follow15 ing: ‘‘authorize the Secretary of the Army to convey to

16 the City of North Bonneville, Washington, at no further

17 cost to the City, all right, title, and interest of the United

18 States in and to—

19 ‘‘(1) any municipal facilities, utilities, fixtures,

20 and equipment for the relocated City, and any re21 maining lands designated as open spaces or munici22 pal lots not previously conveyed to the City, specifi23 cally, Lots M1 through M15, M16 (the ‘‘community

24 center lot’’), M18, M19, M22, M24, S42 through
24

•HR 3563 IH

1 S45, and S52 through S60, as shown on the plats

2 of Skamania County, Washington;

3 ‘‘(2) the ‘school lot’ described as Lot 2, Block

4 5 on the plats of relocated North Bonneville, re5 corded in Skamania County, Washington;

6 ‘‘(3) parcels 2 and C, but only upon the comple7 tion of any environmental response actions required

8 under applicable law;

9 ‘‘(4) that portion of Parcel B lying south of the

10 existing City boundary, west of the sewage treat11 ment plant, and north of the drainage ditch that is

12 located adjacent to the northerly limit of the Hamil13 ton Island landfill, provided the Secretary of the

14 Army determines, at the time of the proposed con15 veyance, that the Department of the Army has taken

16 all action necessary to protect human health and the

17 environment;

18 ‘‘(5) such portions of Parcel H which can be

19 conveyed without a requirement for further inves20 tigation, inventory, or other action by the Depart21 ment of the Army under the provisions of the Na22 tional Historic Preservation Act; and

23 ‘‘(6) such easements as the Secretary of the

24 Army deems necessary for—
25

•HR 3563 IH

1 ‘‘(A) sewer and water line crossings of re2 located Washington State Highway No. 14; and

3 ‘‘(B) reasonable public access to the Co4 lumbia River across those portions of Hamilton

5 Island that remain under the ownership of the

6 United States.

7 The conveyances referred to in paragraphs (1), (2), (5),

8 and (6)(A) shall be completed within 180 days after the

9 United States receives the release referred to in subsection

10 (b)(1). All other conveyances shall be completed expedi11 tiously, subject to any conditions specified in the applica12 ble subsection.

13 ‘‘(b)(1) The conveyances authorized in subsection (a)

14 are intended to resolve all outstanding issues between the

15 United States and the City of North Bonneville. As a pre16 requisite to such conveyances, the City of North Bonne17 ville shall execute an acknowledgment of payment of just

18 compensation and shall execute a release of any and all

19 claims for relief of any kind against the United States

20 growing out of the relocation of the City of North Bonne21 ville, or any prior Federal legislation relating thereto, and

22 shall dismiss, with prejudice, any pending litigation involv23 ing such matters.

24 ‘‘(2) Upon receipt of the City’s acknowledgment and

25 release referred to in paragraph (1), the Attorney General
26

•HR 3563 IH

1 of the United States shall dismiss any pending litigation

2 arising out of the relocation of the City of North Bonne3 ville and shall execute a release of any and all rights to

4 damages of any kind under the February 20, 1987, judg5 ment of the United States Claims Court, including any

6 interest thereon.

7 ‘‘(3) Within 60 days after the conveyances authorized

8 in subsections (a)(1) through (a)(6)(A) have been com9 pleted, the City shall execute an acknowledgment that all

10 entitlements under those subsections have been completed

11 and shall execute a release of any and all claims for relief

12 of any kind against the United States arising out of this

13 statute.

14 ‘‘(c) Beginning on the date of the enactment of this

15 Act, the City of North Bonneville, or any successor in in16 terest thereto, shall—

17 ‘‘(1) be precluded from exercising any jurisdic18 tion over any lands owned in whole or in part by the

19 United States and administered by the Corps of En20 gineers in connection with the Bonneville project;

21 and

22 ‘‘(2) be authorized to change the zoning des23 ignations of, sell or resell Parcels S35 and S56,

24 which are presently designated as open spaces.’’.
27

•HR 3563 IH

1 SEC. 17. COLLABORATIVE RESEARCH AND DEVELOPMENT.

2 Section 7 of the Water Resources Development Act

3 of 1988 (102 Stat. 4022) is amended by—

4 (1) adding the following at the end of sub5 section (d): ‘‘The Secretary may also accept and ex6 pend additional funds from other Federal programs,

7 including other Department of Defense programs.’’;

8 (2) redesignating subsections (b), (c), and (d)

9 as paragraphs (1), (2) and (3), respectively;

10 (3) deleting subsection (e); and

11 (4) adding the following new subsection:

12 ‘‘(b) PREAGREEMENT TEMPORARY PROTECTION OF

13 TECHNOLOGY.—If the Secretary determines that informa14 tion developed as a result of research and development ac15 tivities conducted by the Corps of Engineers is likely to

16 be subject to a cooperative research and development

17 agreement within 2 years of its development and that such

18 information would be a trade secret or commercial or fi19 nancial information that would be privileged or confiden20 tial if the information had been obtained from a non-Fed21 eral party participating in a cooperative research and de22 velopment agreement under section 12 of the Stevenson23 Wydler Technology Innovation Act of 1980, the Secretary

24 may provide appropriate protection against the dissemina25 tion of such information, including exemption from sub26 chapter II of chapter 5 of title 5, United States Code, until
28

•HR 3563 IH

1 the earlier of the date the Secretary enters into such an

2 agreement with respect to such information or the last day

3 of the 2-year period beginning on the date of such deter4 mination. Any information covered by this subsection

5 which becomes the subject of a cooperative research and

6 development agreement shall be accorded the protection

7 provided under 15 U.S.C. 710a(c)(7)(B) as if such infor8 mation had been developed under a cooperative research

9 and development agreement.’’.

10 SEC. 18. RESEARCH AND DEVELOPMENT IN SUPPORT OF

11 ARMY CIVIL WORKS PROGRAM.

12 (a) In carrying out research and development in sup13 port of the civil works program of the Department of the

14 Army, the Secretary may utilize contracts, cooperative re15 search and development agreements, cooperative agree16 ments, and grants with non-Federal entities, including

17 State and local governments, colleges and universities,

18 consortia, professional and technical societies, public and

19 private scientific and technical foundations, research insti20 tutions, educational organizations, and non-profit organi21 zations.

22 (b) With respect to contracts for research and devel23 opment, the Secretary may include requirements that have

24 potential commercial application and may also use such
29

•HR 3563 IH

1 potential application as an evaluation factor where appro2 priate.

3 SEC. 19. NATIONAL INVENTORY OF DAMS.

4 Section 13 of Public Law 92–367 (33 U.S.C. 467l)

5 is amended by striking the second sentence and replacing

6 it with the following: ‘‘There is authorized to be appro7 priated up to $500,000 each fiscal year for the purpose

8 of carrying out this section.’’.

9 SEC. 20. TETON COUNTY, WYOMING.

10 Section 840 of the Water Resources Development Act

11 of 1986 (100 Stat. 4176) is amended by—

12 (1) replacing the colon following ‘‘Secretary’’

13 with a period;

14 (2) inserting the following before ‘‘Provided,’’:

15 ‘‘In carrying out this section the Secretary may

16 enter into agreements with the non-Federal sponsor

17 permitting the non-Federal sponsor to perform oper18 ation and maintenance for the project on a cost-re19 imbursable basis:’’; and

20 (3) inserting the following after ‘‘$35,000’’:

21 ‘‘through providing in-kind services or’’.

22 SEC. 21. INTERAGENCY AND INTERNATIONAL SUPPORT AU23 THORITY.

24 The Secretary may apply the technical and manage25 rial expertise of the Army Corps of Engineers to domestic
30

•HR 3563 IH

1 and international problems related to water resources, in2 frastructure development and environmental restoration

3 and protection in support of other Federal agencies or

4 international organizations on problems of national signifi5 cance to the United States. The Secretary may engage in

6 such activities in support of international organizations

7 only after consulting with the Department of State. There

8 is authorized to be appropriated up to $3,000,000 each

9 fiscal year for the purpose of carrying out this section.

10 The Secretary may also accept and expend additional

11 funds from other Federal agencies or international organi12 zations for purposes of carrying out this section.

13 SEC. 22. PROJECT DEAUTHORIZATIONS.

14 (a) Section 1001 of the Water Resources Develop15 ment Act of 1986 (33 U.S.C. 579a) is amended by—

16 (1) striking ‘‘10’’ in the first sentence of para17 graph (2) of subsection (b) and replacing it with

18 ‘‘5’’;

19 (2) striking ‘‘Before’’ at the beginning of the

20 second sentence of paragraph (2) of subsection (b)

21 and replacing it with ‘‘Upon official’’; and

22 (3) inserting ‘‘planning, designing, or’’ before

23 ‘‘construction’’ in the last sentence of paragraph (2)

24 of subsection (b).
31

•HR 3563 IH

1 (b) Section 52(a) of the Water Resources Develop2 ment Act of 1988 (102 Stat. 4044) is repealed.

3 SEC. 23. FLOOD INSURANCE INTERAGENCY TASK FORCE.

4 Section 561 of the Riegle Community Development

5 and Regulatory Improvement Act of 1994 (Public Law

6 103–325) is amended by—

7 (1) striking ‘‘10’’ before ‘‘members’’ in sub8 section (b)(1) and inserting ‘‘11’’;

9 (2) striking ‘‘and’’ at the end of subsection

10 (b)(1)(I);

11 (3) striking the period at the end of subsection

12 (b)(1)(J) and inserting ‘‘; and,’’; and

13 (4) adding the following as a new subparagraph

14 at the end of subsection (b)(1):

15 ‘‘(K) the Assistant Secretary of the Army (Civil

16 Works).’’.

17 SEC. 24. STATE AND FEDERAL AGENCY REVIEW PERIOD.

18 Section 1(a) of the Public Law 534, 78th Congress

19 (33 U.S.C. 701–1(a)) is amended by striking ‘‘ninety’’

20 from the sentence ‘‘Within ninety days from the date of

21 receipt of said proposed report, the written views and rec22 ommendations of each affected State and of the Secretary

23 of the Interior may be submitted to the Chief of Engi24 neers.’’ and replacing it with ‘‘thirty’’ and by striking

25 ‘‘ninety-day’’ from the sentence ‘‘The Secretary of the
32

•HR 3563 IH

1 Army may prepare and make said transmittal and time

2 following said ninety-day period.’’ and replacing it with

3 ‘‘thirty-day’’.

4 SEC. 25. RECREATION USER FEE REVENUES.

5 Section 4 of the Land and Water Conservation Fund

6 Act of 1965 (16 U.S.C. 460l–6a) is amended by adding

7 the following at the end of subsection (i)(1):

8 ‘‘(C) Notwithstanding paragraph (2), be9 ginning in fiscal year 1997, of the funds cov10 ered into the special account established for the

11 Army Corps of Engineers pursuant to subpara12 graph (A), eighty percent of all receipts earned

13 in the previous fiscal year in excess of

14 $30,000,000 shall be made available to the

15 Corps without further appropriations. Begin16 ning in fiscal year 2006 and in each fiscal year

17 thereafter, eighty percent of all receipts earned

18 in the previous fiscal year which are in excess

19 of $30,000,000 plus 4 percent per fiscal year

20 shall be made available to the Corps without

21 further appropriation. Amounts made available

22 to the Corps pursuant to this subparagraph

23 shall be used solely to maintain or improve in24 frastructure related to visitor use and to meet

25 annual operating expenses related to visitor
33

•HR 3563 IH

1 services at areas or sites administered by the

2 Corps. Of the funds made available to the

3 Corps under this subparagraph, 75 percent

4 shall be allocated to the area or site from which

5 the fees were collected in proportion to the

6 amount collected at each area or site and 25

7 percent shall be allocated to areas or sites on

8 the basis of need, as determined by the Sec9 retary of the Army.’’.

10 SEC. 26. TECHNICAL ADVISORY COMMITTEE.

11 The Technical Advisory Committee established pur12 suant to section 310(a) of Public Law 101–640 shall no

13 longer exist after the date of the enactment of this Act.

14 SEC. 27. REVOCATION OF SECTION 211, RIVER AND HARBOR

15 ACT OF 1950.

16 Section 211 of the River and Harbor Act of 1950,

17 Public Law 516, 81st Congress, is hereby repealed.

18 SEC. 28. TECHNICAL CORRECTIONS.

19 (a) Section 203(b) of the Water Resources Develop20 ment Act of 1992 (106 Stat. 4826) is amended by striking

21 ‘‘(8662)’’ and inserting ‘‘(8862)’’.

22 (b) Section 225(c) of the Water Resources Develop23 ment Act of 1992 (106 Stat. 4838) is amended by striking

24 ‘‘(8662)’’ in the second sentence and inserting ‘‘(8862)’’.
34

•HR 3563 IH

1 SEC. 29. DISCONTINUANCE OF MAINTENANCE OF LOW-USE

2 PORTS.

3 (a) The Secretary shall develop and transmit to Con4 gress a list of harbors and channels that do not produce

5 commercial benefits which exceed the cost of operation

6 and maintenance of the harbor or channel and shall pub7 lish such list in the Federal Register no later than June

8 30, 1997.

9 (b) The list developed pursuant to subsection (a) shall

10 not include subsistence ports or ports serving communities

11 where the economy is substantially dependent upon com12 mercial fishing, charter fishing, or related commercial ac13 tivities.

14 (c) After September 30, 1997, the Secretary shall not

15 undertake or continue operation and maintenance activi16 ties at those harbors and channels included in the list de17 veloped pursuant to subsection (a).

18 (d) Any harbor or channel included on the list devel19 oped by the Secretary pursuant to this section shall not

20 be authorized after December 31, 2002, unless the Con21 gress specifically directs the continuation of operation and

22 maintenance of the harbor or channel in law.

23 (e) For purposes of this section—

24 (1) the term ‘‘commercial benefits’’ means the

25 benefits associated with the transportation of cargo

26 on a commercial vessel, including passengers trans-
35

•HR 3563 IH

1 ported for compensation or hire, and the benefits ac2 cruing to the owners and operators of vessels en3 gaged in commercial fishing, charter fishing, or re4 lated commercial activities; and

5 (2) the term subsistence ports means a mari6 time port located in Alaska, Hawaii, or any posses7 sion of the United States, and which is the principal

8 reliable commercial transportation facility available

9 to the general public for the transport of cargo nec10 essary to support the life and economy of the popu11 lation residing at that geographic location.

12 SEC. 30. STRUCTURAL FLOOD CONTROL COST-SHARING

13 AND FLOODPLAIN MANAGEMENT REQUIRE14 MENTS.

15 (a) Section 103(a) of the Water Resources Develop16 ment Act of 1986 (100 Stat. 4084–4085) is amended by—

17 (1) striking ‘‘25’’ each place it appears in para18 graph (2) and inserting ‘‘50’’;

19 (2) striking ‘‘MINIMUM’’ in paragraph (2);

20 (3) adding the following to paragraph (2) after

21 the last sentence in that paragraph: ‘‘The non-Fed22 eral share under paragraph (1) shall not exceed 50

23 percent of the cost of the project assigned to flood

24 control. The preceding sentence does not modify the
36

•HR 3563 IH

1 requirement of paragraph (1)(A) of this sub2 section.’’; and

3 (4) striking paragraphs (3) and (4).

4 (b) Section 402 of the Water Resources Development

5 Act of 1986 (100 Stat. 4133) is amended by—

6 (1) striking ‘‘Before’’ and inserting the follow7 ing: ‘‘Prior to initiation of’’;

8 (2) inserting ‘‘Federal’’ after ‘‘any’’;

9 (3) inserting ‘‘(a)’’ after ‘‘shall’’; and

10 (4) striking the period after ‘‘programs’’ and

11 inserting the following: ‘‘and (b) develop and adopt

12 a comprehensive flood plain management plan that

13 the Secretary, after consultation with appropriate

14 Federal and State agencies, finds acceptable. The

15 cost of developing and adopting such a plan shall be

16 cost shared as a cost of the project in accordance

17 with sections 103(a) and 103(b) of the Water Re18 sources Development Act of 1986 (100 Stat. 4084–

19 4085).’’.

20 (c) APPLICABILITY.—The amendments made by this

21 section shall apply to projects for which a written agree22 ment as required by section 221 of the Flood Control Act

23 of 1970 (84 Stat. 1818) has not been executed as of the

24 date of the enactment of this Act.
37

•HR 3563 IH

1 SEC. 31. STUDY AUTHORITIES.

2 (a) The Secretary is authorized to undertake studies

3 in the interest of navigation in that part of the Pacific

4 Region that includes American Samoa, Guam, and the

5 Commonwealth of the Northern Mariana Islands. For the

6 purposes of this subsection, the cost sharing as defined

7 in section 105 of the Water Resources Development Act

8 of 1986 (100 Stat. 4088-4089) shall apply.

9 (b) The Secretary is authorized to undertake a study

10 of the Charleston, South Carolina, estuary area located

11 in Charleston, Berkeley, and Dorchester Counties, South

12 Carolina, for the purpose of evaluating environmental con13 ditions in the tidal reaches of the Ashley, Cooper, Stono,

14 and Wando Rivers and the lower portions of Charleston

15 Harbor.

16 SEC. 32. MONTGOMERY POINT LOCK AND DAM.

17 In accordance with the provisions of section 102(a)

18 of the Water Resources Development Act of 1986 (100

19 Stat. 4084), one-half of the costs associated with the con20 struction of Montgomery Point Lock and Dam, a sepa21 rable element of the project for navigation, McClellan-Kerr

22 Arkansas River Navigation System, Arkansas, as author23 ized by section 1 of the River and Harbor Act of 1946,

24 Public Law 525, 79th Congress, shall be paid from

25 amounts appropriated from the general fund of the Treas26 ury and one-half shall be paid from amounts appropriated
38

•HR 3563 IH

1 from the Inland Waterways Trust Fund established by

2 section 1405 of the Water Resources Development Act of

3 1986 (100 Stat. 4271). This cost sharing shall apply to

4 funds appropriated in fiscal year 1997 for construction of

5 the project access road and support facilities, and all funds

6 appropriated in fiscal year 1998 and beyond.

7 SEC. 33. LEASE AUTHORITY.

8 Notwithstanding any other provision of law, the Sec9 retary may lease space available in buildings for which

10 funding for construction or purchase was provided from

11 the revolving fund established by chapter 245 of Public

12 Law 153, 83d Congress (33 U.S.C. 576), under such

13 terms and conditions as are acceptable to the Secretary.

14 The proceeds from such leases shall be credited to the re15 volving fund and shall be available for use for the purposes

16 set forth in section 376 of title 33, United States Code.

17 SEC. 34. SECTION 215 REIMBURSEMENT LIMITATION PER

18 PROJECT.

19 Section 215(a) of the Flood Control Act of 1968 (42

20 U.S.C. 1962d–5a(a)) is amended by striking

21 ‘‘$3,000,000’’ and inserting ‘‘$5,000,000’’.

22 SEC. 35. POPLAR ISLAND, MARYLAND.

23 The Secretary shall implement the Poplar Island,

24 Maryland project under section 204 of the Water Re25 sources Development Act of 1992 (100 Stat. 4826–4827)
39

•HR 3563 IH

1 notwithstanding the funding limitations set forth in sub2 section (e) of that section.

3 SEC. 36. REMOVAL OF STUDY PROHIBITIONS.

4 Nothing in section 208 of Public Law 99–349 (100

5 Stat 749), section 505 of Public Law 102–377 (106 Stat

6 1343), or any other provision of law shall be deemed to

7 limit the authority of the Secretary to undertake studies

8 for the purpose of investigating alternative modes of fi9 nancing hydroelectric power facilities under the jurisdic10 tion of the Department of the Army.

Æ