103D CONGRESS

2D SESSION H. R. 4460

AN ACT

To provide for 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 1994’’.
2

•HR 4460 EH

1 (b) TABLE OF CONTENTS.—

Sec. 1. Short title; table of contents.

Sec. 2. Definitions.

TITLE I—WATER RESOURCES PROJECTS

Sec. 101. Project authorizations.

Sec. 102. Project modifications.

Sec. 103. Small flood control projects.

Sec. 104. Small bank stabilization projects.

Sec. 105. Small navigation projects.

Sec. 106. Small shoreline protection projects.

Sec. 107. Small bank stabilization and beach erosion control project, Watson

Island Park, Miami, Florida.

Sec. 108. Small snagging and sediment removal project, Mississippi River, Little Falls, Minnesota.

Sec. 109. Upper Truckee River, El Dorado County, California.

Sec. 110. Muskingum River, Ohio.

Sec. 111. Project reauthorizations.

Sec. 112. Continuation of authorization of certain projects.

Sec. 113. Reuse of waste water.

Sec. 114. Studies.

Sec. 115. Project deauthorizations.

Sec. 116. Namings.

TITLE II—GENERALLY APPLICABLE PROVISIONS

Sec. 201. Recreation policy and user fees.

Sec. 202. Recovery of costs.

Sec. 203. Cost sharing of environmental projects.

Sec. 204. Construction of flood control projects by non-Federal interests.

Sec. 205. Collaborative research and development.

Sec. 206. National inventory of dams.

Sec. 207. Maintenance, rehabilitation, and modernization of facilities.

Sec. 208. Federal lump-sum payments for Federal operation and maintenance

costs.

Sec. 209. Long-term sediment management strategies.

Sec. 210. Emergency response.

Sec. 211. Obstruction removal requirement.

Sec. 212. Small project authorizations.

Sec. 213. Aquatic plant control.

Sec. 214. Beneficial uses of dredged material.

Sec. 215. Sediments decontamination technology.

Sec. 216. Project deauthorizations.

Sec. 217. Foreign travel.

Sec. 218. Support of Army civil works program.

Sec. 219. Hopper dredge fleet.

Sec. 220. Restoration of environmental quality.

Sec. 221. Cost sharing for creation of dredged material disposal areas.

Sec. 222. Loss of life prevention.

Sec. 223. Sense of Congress; requirement regarding notice.

Sec. 224. Reservoir Management Technical Advisory Committee.

Sec. 225. Technical corrections.

TITLE III—MISCELLANEOUS PROVISIONS
3

•HR 4460 EH

Sec. 301. Watershed management, restoration, and development.

Sec. 302. Lakes program.

Sec. 303. Environmental infrastructure.

Sec. 304. Environmental dredging.

Sec. 305. Chesapeake Bay restoration and protection program.

Sec. 306. Saint Lawrence Seaway collection of tolls.

Sec. 307. River basin plan for lower Mississippi.

Sec. 308. Extension of jurisdiction of Mississippi River Commission.

Sec. 309. Great Lakes dredged material testing and evaluation manual.

Sec. 310. Great Lakes sediment reduction.

Sec. 311. Confined disposal facilities.

Sec. 312. Alternative to annual passes.

Sec. 313. Recreation partnership initiative.

Sec. 314. Water quality projects.

Sec. 315. New England Division headquarters facility.

Sec. 316. Quarantine facility.

Sec. 317. Benton and Washington Counties, Arkansas.

Sec. 318. Calaveras County, California.

Sec. 319. Lake Elsinore, California.

Sec. 320. Beneficial use of dredged material, Montezuma, California.

Sec. 321. Prado Dam safety improvements.

Sec. 322. San Jose, California.

Sec. 323. Tampa, Florida.

Sec. 324. Kankakee River Basin, Illinois.

Sec. 325. Watershed management plan for Deep River Basin, Indiana.

Sec. 326. Restoration projects for Maryland, West Virginia, and Kentucky.

Sec. 327. Beneficial use of dredged material, Poplar Island, Maryland.

Sec. 328. Erosion control measures, Smith Island, Maryland.

Sec. 329. Beneficial use of dredged material, Worton Point, Kent County,

Maryland.

Sec. 330. Massachusetts coastal saltmarsh restoration authorization.

Sec. 331. Boston, Massachusetts, alternative technology project.

Sec. 332. Lake St. Claire, Michigan.

Sec. 333. Duluth, Minnesota.

Sec. 334. St. John’s Bayou—New Madrid Floodway.

Sec. 335. Durham, New Hampshire.

Sec. 336. New York Bight and Harbor study.

Sec. 337. New York State canal system.

Sec. 338. New York City watershed.

Sec. 339. Northeastern Ohio.

Sec. 340. Ohio River.

Sec. 341. Removal or remediation of contaminated sediments, Mahoning River,

Ohio and Pennsylvania.

Sec. 342. Columbia River Basin, Oregon.

Sec. 343. South central Pennsylvania.

Sec. 344. Broad top region of Pennsylvania.

Sec. 345. Hopper dredge McFarland.

Sec. 346. Seven Points Visitors Center, Raystown Lake, Pennsylvania.

Sec. 347. Blackstone River Valley, Rhode Island, and Massachusetts.

Sec. 348. Earthquake Preparedness Center of Expertise extension.

Sec. 349. Murfreesboro, Tennessee.

Sec. 350. Repeal of termination date for construction of Virgin Islands projects

by the Secretary.

Sec. 351. Huntington, West Virginia.

Sec. 352. Southern West Virginia.
4

•HR 4460 EH

Sec. 353. Removal or remediation of contaminated sediments, Lower Fox River,

Wisconsin.

Sec. 354. Savings clause.

1 SEC. 2. DEFINITIONS.

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

3 means the Secretary of the Army.

4 TITLE I—WATER RESOURCES

5 PROJECTS

6 SEC. 101. PROJECT AUTHORIZATIONS.

7 Except as provided in this section, the following

8 projects for water resources development and conservation

9 and other purposes are authorized to be carried out by

10 the Secretary substantially in accordance with the plans,

11 and subject to the conditions, recommended in the respec12 tive reports designated in this section:

13 (1) SANTA BARBARA HARBOR, CALIFORNIA.—

14 The project for navigation, Santa Barbara Harbor,

15 California: Report of the Chief of Engineers, dated

16 April 26, 1994, at a total cost of $5,530,000, with

17 an estimated Federal cost of $4,420,000 and an es18 timated non-Federal cost of $1,110,000.

19 (2) SAN LORENZO RIVER, SANTA CRUZ, CALI20 FORNIA.—The project for flood control, San Lorenzo

21 River, Santa Cruz, California: Report of the Chief of

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

23 $15,670,000, with an estimated Federal cost of
5

•HR 4460 EH

1 $7,910,000 and an estimated non-Federal cost of

2 $7,760,000.

3 (3) MARIN COUNTY SHORELINE, SAN RAFAEL,

4 CALIFORNIA.—The project for storm damage reduc5 tion, Marin County shoreline, San Rafael, California:

6 Report of the Chief of Engineers, dated January 28,

7 1994, at a total cost of $26,300,000, with an esti8 mated Federal cost of $17,100,000 and an esti9 mated non-Federal cost of $9,200,000.

10 (4) ANACOSTIA RIVER AND TRIBUTARIES, DIS11 TRICT OF COLUMBIA AND MARYLAND.—The project

12 for environmental restoration, Anacostia River and

13 Tributaries, District of Columbia and Maryland: Re14 port of the Chief of Engineers, dated October 1994,

15 at a total cost of $18,820,000, with an estimated

16 Federal cost of $14,120,000 and an estimated non17 Federal cost of $4,700,000.

18 (5) ATLANTIC INTRACOASTAL WATERWAY, ST.

19 JOHNS COUNTY, FLORIDA.—The project for naviga20 tion, Atlantic intracoastal waterway, St. Johns

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

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

23 $15,083,000. Operation, maintenance, repair, re24 placement, and rehabilitation shall be a local respon-
6

•HR 4460 EH

1 sibility and the local interest must assume ownership

2 of the bridge.

3 (6) LAKE MICHIGAN, ILLINOIS.—The project

4 for storm damage reduction and shoreline erosion

5 protection, Lake Michigan, Illinois, from Wilmette,

6 Illinois, to the Illinois-Indiana State line: Report of

7 the Chief of Engineers, dated April 14, 1994, at a

8 total cost of $192,251,000, with an estimated Fed9 eral cost of $104,435,000 and an estimated non10 Federal cost of $87,816,000. The project shall in11 clude the breakwater near the South Water Filtra12 tion Plant described in the report as a separate ele13 ment of the project, at a total cost of $8,169,000,

14 with an estimated Federal cost of $5,310,000 and

15 an estimated non-Federal cost of $2,859,000.

16 (7) WHITE RIVER, INDIANAPOLIS, INDIANA.—

17 The project for flood control and recreation, White

18 River, Indianapolis, Indiana, at a total cost of

19 $52,700,000, with an estimated first Federal cost of

20 $32,425,000 and an estimated first non-Federal cost

21 of $20,275,000, is authorized to be prosecuted by

22 the Secretary in accordance with a final report of

23 the Chief of Engineers and with such modifications

24 as are recommended by the Secretary. No construc25 tion on the project may be initiated until such a re-
7

•HR 4460 EH

1 port of the Chief of Engineers is issued and ap2 proved by the Secretary.

3 (8) KENTUCKY LOCK AND DAM, TENNESSEE

4 RIVER, KENTUCKY.—The project for navigation,

5 Kentucky Lock and Dam, Tennessee River, Ken6 tucky: Report of the Chief of Engineers, dated June

7 4, 1992, at a total cost of $490,000,000. The costs

of construction of the project are to be paid 1 8 ⁄2 from

9 amounts appropriated from the general fund of the

Treasury and 1 10 ⁄2 from amounts appropriated from

11 the Inland Waterways Trust Fund.

12 (9) POND CREEK, JEFFERSON COUNTY, KEN13 TUCKY.—The project for flood control, Pond Creek,

14 Jefferson County, Kentucky: Report of the Chief of

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

16 $16,374,000, with an estimated Federal cost of

17 $11,039,000 and an estimated non-Federal cost of

18 $5,335,000.

19 (10) WOLF CREEK DAM AND LAKE CUM20 BERLAND, KENTUCKY.—The project for hydropower,

21 Wolf Creek Dam and Lake Cumberland, Kentucky:

22 Report of the Chief of Engineers, dated June 28,

23 1994, at a total cost of $49,200,000, with an esti24 mated non-Federal cost of $49,200,000. Funds de25 rived by the Tennessee Valley Authority from its
8

•HR 4460 EH

1 power program and funds derived from any private

2 or public entity designated by the Southeastern

3 Power Administration may be used for all or part of

4 any cost sharing requirements for the project.

5 (11) PORT FOURCHON, LAFOURCHE PARISH,

6 LOUISIANA.—A project for navigation, Belle Pass

7 and Bayou Lafourche, Louisiana: Report of the

8 Chief of Engineers, dated December 1994, at a total

9 cost of $3,313,000, with an estimated Federal cost

10 of $2,211,000 and an estimated non-Federal cost of

11 $1,102,000.

12 (12) WOOD RIVER, GRAND ISLAND, NE13 BRASKA.—The project for flood control, Wood River,

14 Grand Island, Nebraska: Report of the Chief of En15 gineers, dated May 3, 1994, at a total cost of

16 $10,200,000, with an estimated Federal cost of

17 $5,100,000 and an estimated non-Federal cost of

18 $5,100,000.

19 (13) WILMINGTON HARBOR, CAPE FEAR RIVER,

20 NORTH CAROLINA.—The project for navigation, Wil21 mington Harbor, Cape Fear and Northeast Cape

22 Fear Rivers, North Carolina: Report of the Chief of

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

24 $22,000,000, with an estimated Federal cost of
9

•HR 4460 EH

1 $14,700,000 and an estimated non-Federal cost of

2 $7,300,000.

3 (14) DUCK CREEK, CINCINNATI, OHIO.—The

4 project for flood control, Duck Creek, Cincinnati,

5 Ohio: Report of the Chief of Engineers, dated July

6 28, 1994, at a total cost of $14,817,000, with an es7 timated Federal cost of $11,113,000 and an esti8 mated non-Federal cost of $3,704,000.

9 (15) COOS BAY, OREGON.—The project for deep

10 draft navigation, Coos Bay, Oregon: Report of the

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

12 cost of $13,700,000, with an estimated Federal cost

13 of $8,800,000 and an estimated non-Federal cost of

14 $4,900,000.

15 (16) RIO GRANDE DE ARECIBO, PUERTO

16 RICO.—The project for flood control, Rio Grande de

17 Arecibo, Puerto Rico: Report of the Chief of Engi18 neers, dated April 5, 1994, at a total cost of

19 $18,857,000, with an estimated Federal cost of

20 $9,913,000 and an estimated non-Federal cost of

21 $8,944,000.

22 (17) BIG SIOUX RIVER AND SKUNK CREEK,

23 SIOUX FALLS, SOUTH DAKOTA.—The project for

24 flood control, Big Sioux River and Skunk Creek,

25 Sioux Falls, South Dakota: Report of the Chief of
10

•HR 4460 EH

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

2 $30,700,000, with an estimated Federal cost of

3 $22,900,000 and an estimated non-Federal cost of

4 $7,800,000.

5 (18) WATERTOWN, SOUTH DAKOTA.—The

6 project for flood control, Watertown and Vicinity,

7 South Dakota: Report of the Chief of Engineers,

8 dated August 31, 1994, at a total cost of

9 $16,092,000, with an estimated Federal cost of

10 $11,835,000 and an estimated non-Federal cost of

11 $4,257,000.

12 (19) ATLANTIC INTRACOASTAL WATERWAY,

13 CHESAPEAKE, VIRGINIA.—The project for naviga14 tion, Atlantic intracoastal waterway, Great Bridge,

15 Chesapeake, Virginia: Report of the Chief of Engi16 neers, dated July 1, 1994, at a total cost of

17 $23,007,000, with an estimated Federal cost of

18 $19,771,000 and an estimated non-Federal cost of

19 $3,236,000.

20 (20) MARMET LOCK, KANAWHA RIVER, WEST

21 VIRGINIA.—The project for navigation, Marmet

22 Lock, Kanawha River, West Virginia: Report of the

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

24 cost of $261,000,000. The costs of construction of

the project are to be paid 1 25 ⁄2 from amounts appro-
11

•HR 4460 EH

1 priated from the general fund of the Treasury and

1 2 ⁄2 from amounts appropriated from the Inland Wa3 terways Trust Fund. In conducting any real estate

4 acquisition activities, the Secretary shall give prior5 ity consideration to those individuals who would be

6 directly affected by any physical displacement due to

7 project design and shall consider the financial cir8 cumstances of such individuals. The Secretary shall

9 proceed with real estate acquisition in connection

10 with the project expeditiously.

11 SEC. 102. PROJECT MODIFICATIONS.

12 (a) NOGALES WASH AND TRIBUTARIES, ARIZONA.—

13 The project for flood control, Nogales Wash and tribu14 taries, Arizona, authorized by section 101(a)(4) of the

15 Water Resources Development Act of 1990 (104 Stat.

16 4606), is modified to direct the Secretary to permit the

17 non-Federal contribution for the project to be determined

18 in accordance with sections 103(k) and 103(m) of the

19 Water Resources Development Act of 1986 and to direct

20 the Secretary to enter into negotiations with non-Federal

21 interests pursuant to section 103(l) of such Act concerning

22 the timing of the initial payment of the non-Federal con23 tribution.

24 (b) OAKLAND INNER HARBOR, CALIFORNIA.—The

25 project for deep-draft navigation, authorized by section
12

•HR 4460 EH

1 202(a) of the Water Resources Development Act of 1986

2 (100 Stat. 4092), is modified to authorize the Secretary

3 to construct the project at a total cost of $57,000,000,

4 with an estimated Federal cost of $35,900,000, and an

5 estimated non-Federal cost of $21,100,000.

6 (c) POTOMAC RIVER, WASHINGTON, DISTRICT OF

7 COLUMBIA.—The project for flood protection, Potomac

8 River, Washington, District of Columbia, authorized by

9 section 5 of the Flood Control Act of June 22, 1936 (74

10 Stat. 1574), is modified to provide for completion of the

11 project substantially in accordance with the General De12 sign Memorandum dated May 1992, the General Design

13 Memorandum Supplement dated May 1994, and a letter

14 report dated August 9, 1994, at a Federal cost of

15 $1,800,000.

16 (d) CENTRAL AND SOUTHERN FLORIDA, CANAL 51

17 (C–51).—The project for flood protection of West Palm

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

19 Flood Control Act of 1962 (76 Stat. 1183), is modified

20 to provide for the construction of an enlarged stormwater

21 detention area, Storm Water Treatment Area 1 East, gen22 erally in accordance with the plan of improvements de23 scribed in the February 15, 1994, report entitled ‘‘Ever24 glades Protection Project, Palm Beach County, Florida,

25 Conceptual Design’’, with such modifications as are ap-
13

•HR 4460 EH

1 proved by the Secretary. The additional work authorized

2 by this subsection shall be accomplished at Federal ex3 pense. Operation and maintenance of the stormwater de4 tention area shall be consistent with regulations prescribed

5 by the Secretary for the Central and Southern Florida

6 project, and all costs of such operation and maintenance

7 shall be provided by non-Federal interests.

8 (e) CENTRAL AND SOUTHERN FLORIDA, CANAL 111

9 (C–111).—

10 (1) IN GENERAL.—The project for Central and

11 Southern Florida, authorized by the Flood Control

12 Act of June 30, 1948, and modified by section 203

13 of the Flood Control Act of 1968 (82 Stat. 740–

14 741), is modified to authorize the Secretary to im15 plement the recommended plan of improvement con16 tained in a report entitled ‘‘Central and Southern

17 Florida Project, Final Integrated General Reevalua18 tion Report and Environmental Impact Statement,

19 Canal 111 (C–111), South Dade County, Florida’’,

20 dated May 1994, including acquisition of such por21 tions of the Frog Pond and Rocky Glades areas as

22 are needed for the project.

23 (2) COST SHARING.—
14

•HR 4460 EH

1 (A) FEDERAL SHARE.—The Federal share

2 of the cost of implementing the plan of im3 provement shall be 50 percent.

4 (B) DEPARTMENT OF INTERIOR RESPON5 SIBILITY.—The Department of the Interior

6 shall pay 25 percent of the cost of acquiring

7 such portions of the Frog Pond and Rocky

8 Glades areas as are needed for the project. The

9 amount paid by the Department of the Interior

10 shall be included as part of the Federal share

11 of the cost of implementing the plan.

12 (C) OPERATION AND MAINTENANCE.—The

13 non-Federal share of operation and mainte14 nance costs of the improvements undertaken

15 pursuant to this subsection shall be 100 per16 cent; except that the Federal Government shall

17 reimburse the non-Federal project sponsor 60

18 percent of the costs of operating and maintain19 ing pump stations that pump water into Taylor

20 Slough in the Everglades National Park.

21 (f) TYBEE ISLAND, GEORGIA.—The project for beach

22 erosion control, Tybee Island, Georgia, authorized pursu23 ant to section 201 of the Flood Control Act of 1965 (42

24 U.S.C. 1962d–5), is modified to include as part of the
15

•HR 4460 EH

1 project the portion of the ocean shore of Tybee Island lo2 cated south of the extension of 9th Street.

3 (g) CHICAGO, ILLINOIS.—The project for flood con4 trol, Chicagoland Underflow Plan, Illinois, authorized by

5 section 3(a)(5) of the Water Resources Development Act

6 of 1988 (102 Stat. 4013), is modified to limit the capacity

7 of the reservoir project not to exceed 11,000,000,000 gal8 lons or 32,000 acre-feet, to provide that the reservoir

9 project may not be located north of 55th Street or west

10 of East Avenue in the vicinity of McCook, Illinois, and

11 to provide that the reservoir project may only be con12 structed on the basis of a specific plan that has been eval13 uated by the Secretary under the provisions of the Na14 tional Environmental Policy Act of 1969.

15 (h) NORTH BRANCH OF CHICAGO RIVER, ILLI16 NOIS.—The project for flood protection, North Branch of

17 the Chicago River, Illinois, authorized by section 401(a)

18 of the Water Resources Development Act of 1986 (100

19 Stat. 4115), is modified to authorize the Secretary to

20 carry out the project in accordance with the Report of the

21 Chief of Engineers dated March 1994, at a total cost of

22 $34,800,000, with an estimated Federal cost of

23 $20,774,000 and an estimated non-Federal cost of

24 $14,026,000.
16

•HR 4460 EH

1 (i) REND LAKE, ILLINOIS.—The project for flood

2 control, Rend Lake, Illinois, authorized by section 203 of

3 the Flood Control Act of 1962 (76 Stat. 1189), is modified

4 to direct the Secretary to correct the design deficiency in

5 the Rend Lake Subimpoundment, Benton, Jefferson

6 County, Illinois, at full Federal expense, with an estimated

7 cost of $5,300,000.

8 (j) ARKANSAS CITY, KANSAS.—The project for flood

9 control, Arkansas City, Kansas, authorized by section

10 401(a) of the Water Resources Development Act of 1986

11 (100 Stat. 4116), is modified to authorize the Secretary

12 to construct the project at a total cost of $35,700,000,

13 with an estimated Federal cost of $26,600,000 and an es14 timated non-Federal cost of $9,100,000.

15 (k) HALSTEAD, KANSAS.—The project for flood con16 trol, Halstead, Kansas, authorized by section 401(a) of the

17 Water Resources Development Act of 1986 (100 Stat.

18 4116), is modified to authorize the Secretary to carry out

19 the project in accordance with the Report of the Chief of

20 Engineers dated March 19, 1993, at a total cost of

21 $11,100,000, with an estimated Federal cost of

22 $8,325,000 and an estimated non-Federal cost of

23 $2,775,000.

24 (l) LEVISA AND TUG FORKS OF THE BIG SANDY

25 RIVER AND CUMBERLAND RIVER, KENTUCKY, WEST VIR-
17

•HR 4460 EH

1 GINIA, AND VIRGINIA.—The project for flood control,

2 Levisa and Tug Forks of the Big Sandy River and Cum3 berland River, Kentucky, West Virginia, and Virginia, au4 thorized by section 202(a) of the Energy and Water Devel5 opment Appropriation Act, 1981 (94 Stat. 1339), is modi6 fied to provide that the minimum level of flood protection

7 to be afforded by the project shall be the level required

8 to provide protection from a 100-year flood or from the

9 flood of April 1977, whichever level of protection is

10 greater.

11 (m) WEST BANK HURRICANE PROTECTION LEVEE,

12 JEFFERSON PARISH, LOUISIANA.—The project for hurri13 cane protection, West Bank Hurricane Protection Levee,

14 Jefferson Parish, Louisiana, authorized by section 401(b)

15 of the Water Resources Development Act of 1986 (100

16 Stat. 4128), is modified to authorize the Secretary to

17 carry out the project in accordance with the Report of the

18 Chief of Engineers dated November 1994, at a total cost

19 of $119,700,000, with an estimated Federal cost of

20 $77,800,000 and an estimated non-Federal cost of

21 $41,900,000.

22 (n) MISSISSIPPI RIVER OUTLETS, VENICE, LOUISI23 ANA.—The project for navigation, Mississippi River Out24 lets, Venice, Louisiana, authorized by section 101 of the

25 River and Harbor Act of 1968 (82 Stat. 731), is modified
18

•HR 4460 EH

1 to provide for the extension of the 16-foot deep by 250-

2 foot wide Baptiste Collette Bayou entrance channel to ap3 proximately Mile 8 of the Mississippi River-Gulf Outlet

4 navigation channel, at a total estimated Federal cost of

5 $80,000.

6 (o) BONNEVILLE LOCK AND DAM, COLUMBIA RIVER,

7 OREGON AND WASHINGTON.—

8 (1) IN GENERAL.—The project for Bonneville

9 Lock and Dam, Columbia River, Oregon and Wash10 ington, authorized by the Act of August 20, 1937

11 (50 Stat. 731), and modified by section 83 of the

12 Water Resources Development Act of 1974 (88 Stat.

13 35), is further modified to authorize the Secretary to

14 convey to the city of North Bonneville, Washington,

15 at no further cost to the city, all right, title and in16 terest of the United States in and to the following:

17 (A) Any municipal facilities, utilities fix18 tures, and equipment for the relocated city, and

19 any remaining lands designated as open spaces

20 or municipal lots not previously conveyed to the

21 city, specifically, Lots M1 through M15, M16

22 (the ‘‘community center lot’’), M18, M19, M22,

23 M24, S42 through S45, and S52 through S60.
19

•HR 4460 EH

1 (B) The ‘‘school lot’’ described as Lot 2,

2 block 5, on the plat of relocated North Bonne3 ville.

4 (C) Parcels 2 and C, but only upon the

5 completion of any environmental response ac6 tions required under applicable law.

7 (D) That portion of Parcel B lying south

8 of the existing city boundary, west of the sew9 age treatment plant, and north of the drainage

10 ditch that is located adjacent to the northerly

11 limit of the Hamilton Island landfill, provided

12 the Secretary determines, at the time of the

13 proposed conveyance, that the Army has taken

14 all action necessary to protect human health

15 and the environment.

16 (E) Such portions of Parcel H which can

17 be conveyed without a requirement for further

18 investigation, inventory or other action by the

19 Department of the Army under the provisions

20 of the National Historic Preservation Act.

21 (F) Such easements as the Secretary

22 deems necessary for—

23 (i) sewer and water line crossings of

24 relocated Washington State Highway 14;

25 and
20

•HR 4460 EH

1 (ii) reasonable public access to the Co2 lumbia River across those portions of

3 Hamilton Island that remain under the

4 ownership of the United States.

5 (2) TIME PERIOD FOR CONVEYANCES.—The

6 conveyances referred to in paragraphs (1)(A),

7 (1)(B), (1)(E), and (1)(F)(i) shall be completed

8 within 180 days after the United States receives the

9 release referred to in paragraph (4). All other con10 veyances shall be completed expeditiously, subject to

11 any conditions specified in the applicable subsection.

12 (3) PURPOSE.—The purpose of the conveyances

13 authorized by paragraph (1) is to resolve all out14 standing issues between the United States and the

15 city of North Bonneville.

16 (4) ACKNOWLEDGEMENT OF PAYMENT; RE17 LEASE OF CLAIMS RELATING TO RELOCATION OF

18 CITY.—As a prerequisite to such conveyances, the

19 city of North Bonneville shall execute an acknowl20 edgement of payment of just compensation and shall

21 execute a release of any and all claims for relief of

22 any kind against the United States growing out of

23 the relocation of the city of North Bonneville, or any

24 prior Federal legislation relating thereto, and shall
21

•HR 4460 EH

1 dismiss, with prejudice, any pending litigation, if

2 any, involving such matters.

3 (5) RELEASE BY ATTORNEY GENERAL.—Upon

4 receipt of the city’s acknowledgment and release re5 ferred to in paragraph (4), the Attorney General of

6 the United States shall dismiss any pending litiga7 tion, if any, arising out of the relocation of the city

8 of North Bonneville, and execute a release of any

9 and all rights to damages of any kind under the

10 February 20, 1987, judgment of the United States

11 Claims Court, including any interest thereon.

12 (6) ACKNOWLEDGMENT OF ENTITLEMENTS; RE13 LEASE BY CITY OF CLAIMS UNDER THIS SUB14 SECTION.—Within 60 days after the conveyances au15 thorized by paragraph (1) (other than subparagraph

16 (F)(ii)) have been completed, the city shall execute

17 an acknowledgement that all entitlements under

18 such paragraph have been completed and shall exe19 cute a release of any and all claims for relief of any

20 kind against the United States arising out of this

21 subsection.

22 (7) EFFECTS ON CITY.—Beginning on the date

23 of the enactment of this Act, the city of North Bon24 neville, or any successor in interest thereto, shall—
22

•HR 4460 EH

1 (A) be precluded from exercising any juris2 diction over any lands owned in whole or in

3 part by the United States and administered by

4 the United States Army Corps of Engineers in

5 connection with the Bonneville project; and

6 (B) be authorized to change the zoning

7 designations of, sell, or resell Parcels S35 and

8 S56, which are presently designated as open

9 spaces.

10 (p) FALL RIVER HARBOR, MASSACHUSETTS AND

11 RHODE ISLAND.—The project for navigation, Fall River

12 Harbor, Massachusetts and Rhode Island, authorized by

13 section 101 of the River and Harbor Act of 1968 (82 Stat.

14 731), is modified to provide that alteration of the

15 drawspan of the Brightman Street Bridge to provide a

16 channel width of 300 feet shall not be required after the

17 date of the enactment of this Act.

18 (q) MANISTIQUE HARBOR, SCHOOLCRAFT COUNTY,

19 MICHIGAN.—The project for navigation, Manistique Har20 bor, Schoolcraft County, Michigan, authorized by the Riv21 ers and Harbors Appropriations Act of March 3, 1905 (33

22 Stat. 1136), is modified to provide for an authorized

23 project depth of 12 feet.

24 (r) SAGINAW RIVER, MICHIGAN.—The project for

25 flood protection, Saginaw River, Michigan, authorized by
23

•HR 4460 EH

1 section 203 of the Flood Control Act of 1958 (72 Stat.

2 311) is modified to include as part of the project the de3 sign and construction of an inflatable dam on the Flint

4 River, Michigan, at a total cost of $800,000.

5 (s) SAULT SAINTE MARIE, CHIPPEWA COUNTY,

6 MICHIGAN.—

7 (1) IN GENERAL.—The project for navigation,

8 Sault Sainte Marie, Chippewa County, Michigan, au9 thorized by section 1149 of the Water Resources De10 velopment Act of 1986 (100 Stat. 4254–4255), is

11 modified as provided by this subsection.

12 (2) PAYMENT OF NON-FEDERAL SHARE.—The

13 non-Federal share of the cost of the project referred

14 to in paragraph (1) shall be paid as follows:

15 (A) That portion of the non-Federal share

16 which the Secretary determines is attributable

17 to use of the lock by vessels calling at Canadian

18 ports shall be paid by the United States.

19 (B) The remaining portion of the non-Fed20 eral share shall be paid by the Great Lakes

21 States pursuant to an agreement entered into

22 by such States.

23 (3) PAYMENT TERM OF ADDITIONAL PERCENT24 AGE.—The amount to be paid by non-Federal inter25 ests pursuant to section 101(a) of the Water Re-
24

•HR 4460 EH

1 sources Development Act of 1986 (33 U.S.C.

2 2211(a)) and this subsection with respect to the

3 project referred to in paragraph (1) may be paid

4 over a period of 50 years or the expected life of the

5 project, whichever is shorter.

6 (4) GREAT LAKES STATES DEFINED.—For the

7 purposes of this subsection, the term ‘‘Great Lakes

8 States’’ means the States of Illinois, Indiana, Michi9 gan, Minnesota, New York, Ohio, Pennsylvania, and

10 Wisconsin.

11 (t) NEW MADRID HARBOR, MISSOURI.—The project

12 for navigation, New Madrid Harbor, Missouri, authorized

13 pursuant to section 107 of the River and Harbor Act of

14 1960 (33 U.S.C. 577) and modified by section 102(n) of

15 the Water Resources Development Act of 1992 (106 Stat.

16 4807), is further modified to direct the Secretary to as17 sume responsibility for maintenance of the existing Fed18 eral channel referred to in such section 102(n) in addition

19 to maintaining New Madrid County Harbor.

20 (u) CAPE GIRARDEAU, MISSOURI.—The project for

21 flood control, Cape Girardeau, Jackson Metropolitan Area,

22 Missouri, authorized by section 401(a) of the Water Re23 sources Development Act of 1986 (100 Stat. 4118–4119),

24 is modified to authorize the Secretary to construct the

25 project, including implementation of nonstructural meas-
25

•HR 4460 EH

1 ures, at a total cost of $44,200,000, with an estimated

2 Federal cost of $32,300,000 and an estimated non-Fed3 eral cost of $11,900,000.

4 (v) JONES INLET, NEW YORK.—The project for navi5 gation, Jones Inlet, New York, authorized by section 2 of

6 the Rivers and Harbors Act of March 2, 1945 (59 Stat.

7 13), is modified to direct the Secretary to place

8 uncontaminated dredged material on beach areas

9 downdrift from the federally maintained channel for the

10 purpose of mitigating the interruption of littoral system

11 natural processes caused by the jetty and continued dredg12 ing of the federally maintained channel.

13 (w) RAMAPO AND MAHWAH RIVERS, NEW JERSEY

14 AND NEW YORK.—The project for flood control, Ramapo

15 and Mahwah Rivers, New Jersey and New York, author16 ized by section 401(a) of the Water Resources Develop17 ment Act of 1986 (100 Stat. 4120), is modified to author18 ize the Secretary to carry out the project in accordance

19 with the Report of the Chief of Engineers dated May

20 1994, at a total cost of $10,800,000, with an estimated

21 Federal cost of $8,120,000 and an estimated non-Federal

22 cost of $2,680,000.

23 (x) WILMINGTON HARBOR-NORTHEAST CAPE FEAR

24 RIVER, NORTH CAROLINA.—The project for navigation,

25 Wilmington Harbor-Northeast Cape Fear River, North
26

•HR 4460 EH

1 Carolina, authorized by section 202(a) of the Water Re2 sources Development Act of 1986 (100 Stat. 4095), is

3 modified to authorize the Secretary to construct the

4 project substantially in accordance with the General De5 sign Memorandum dated April 1990 and the General De6 sign Memorandum Supplement dated February 1994, at

7 a total cost of $43,900,000, with an estimated Federal

8 cost of $20,100,000 and an estimated non-Federal cost

9 of $23,800,000.

10 (y) GARRISON DAM, NORTH DAKOTA.—The project

11 for flood control, Garrison Dam, North Dakota, author12 ized by section 9 of the Flood Control Act of December

13 22, 1944 (58 Stat. 891), is modified to authorize the Sec14 retary to acquire permanent flowage and saturation ease15 ments over the lands in Williams County, North Dakota,

16 extending from the riverward margin of the Buford-Tren17 ton Irrigation District main canal to the north bank of

18 the Missouri River, beginning at the Buford-Trenton Irri19 gation District pumping station located in the northeast

20 quarter of section 17, township 152 north, range 104

21 west, and continuing northeasterly downstream to the land

22 referred to as the East Bottom, and any other lands out23 side of the boundaries of the Buford-Trenton Irrigation

24 District which have been adversely affected by rising

25 ground water and surface flooding. Any easement acquired
27

•HR 4460 EH

1 by the Secretary pursuant to this subsection shall include

2 the right, power, and privilege of the Government to sub3 merge, overflow, percolate, and saturate the surface and

4 subsurface of the land. The cost of acquiring such ease5 ments shall not exceed 90 percent, or be less than 75 per6 cent, of the unaffected fee value of the lands. The project

7 is further modified to authorize the Secretary to provide

8 a lump sum payment of $60,000 to the Buford-Trenton

9 Irrigation District for power requirements associated with

10 operation of the drainage pumps and to relinquish all

11 right, title, and interest of the United States to the drain12 age pumps located within the boundaries of the Irrigation

13 District.

14 (z) WISTER LAKE, OKLAHOMA.—The flood control

15 project for Wister Lake, LeFlore County, Oklahoma, au16 thorized by section 4 of the Flood Control Act of June

17 28, 1938 (52 Stat. 1218), is modified to increase the level

18 of the conservation pool by 1 foot and to adjust the sea19 sonal pool operation to accommodate the change in the

20 conservation pool elevation.

21 (aa) SAW MILL RUN, PENNSYLVANIA.—The project

22 for flood control, Saw Mill Run, Pittsburgh, Pennsylvania,

23 authorized by section 401(a) of the Water Resources De24 velopment Act of 1986 (100 Stat. 4124), is modified to

25 authorize the Secretary to carry out the project in accord-
28

•HR 4460 EH

1 ance with the Report of the Chief of Engineers dated Jan2 uary 31, 1994, at a total cost of $12,140,000, with an

3 estimated Federal cost of $9,105,000 and an estimated

4 non-Federal cost of $3,035,000.

5 (bb) SAN JUAN HARBOR, PUERTO RICO.—The

6 project for navigation, San Juan Harbor, Puerto Rico, au7 thorized by section 202(a) of the Water Resources Devel8 opment Act of 1986 (100 Stat. 4097), is modified to au9 thorize the Secretary to deepen the bar channel to depths

10 varying from 49 feet to 56 feet below mean low water with

11 other modifications to authorized interior channels as gen12 erally described in the General Reevaluation Report and

13 Environmental Assessment, dated March 1994, at a total

14 cost of $43,993,000, with an estimated Federal cost of

15 $27,341,000 and an estimated non-Federal cost of

16 $16,652,000.

17 (cc) INDIA POINT RAILROAD BRIDGE, SEEKONK

18 RIVER, PROVIDENCE, RHODE ISLAND.—The project for

19 the removal and demolition of the India Point Railroad

20 Bridge, Seekonk River, Providence, Rhode Island, author21 ized by section 1166(c) of the Water Resources Develop22 ment Act of 1986 (100 Stat. 4258), is modified to author23 ize the Secretary to demolish and remove the center span

24 of the bridge, at a total cost of $1,300,000, with an esti-
29

•HR 4460 EH

1 mated Federal cost of $650,000 and an estimated non2 Federal cost of $650,000.

3 (dd) DALLAS FLOODWAY EXTENSION, DALLAS,

4 TEXAS.—

5 (1) IN GENERAL.—The project for flood con6 trol, Dallas Floodway Extension, Dallas, Texas, au7 thorized by section 301 of the River and Harbor Act

8 of 1965 (79 Stat. 1091), is modified to provide that,

9 notwithstanding the last sentence of subsection (c)

10 of section 104 of the Water Resources Development

11 Act of 1986, non-Federal interests may apply for

12 crediting under such section 104, against the non13 Federal share of the cost of the project, the cost of

14 work performed by the non-Federal interests in con15 structing flood protection works for Rochester Park

16 and the north section of the Central Wastewater

17 Treatment Plant.

18 (2) DETERMINATION OF AMOUNT.—The

19 amount to be credited under paragraph (1) shall be

20 determined by the Secretary. In determining such

21 amount, the Secretary may permit crediting only for

22 that portion of the work performed by the non-Fed23 eral interests which is compatible with the project

24 referred to in paragraph (1), including any modifica-
30

•HR 4460 EH

1 tion thereof, and which is required for construction

2 of such project.

3 (3) CASH CONTRIBUTION.—Nothing in this sub4 section shall be construed to limit the applicability of

5 the requirement contained in section 103(a)(1)(A) of

6 the Water Resources Development Act of 1986 to

7 the project referred to in paragraph (1).

8 (ee) LITTLE DELL DAM AND RESERVOIR, SALT

9 LAKE CITY STREAMS, UTAH.—The project for flood con10 trol, Little Dell Dam and Reservoir, Salt Lake City

11 Streams, Utah, authorized by section 203 of the Flood

12 Control Act of 1968 (82 Stat. 744) and modified by sec13 tion 170 of the Water Resources Development Act of 1976

14 (90 Stat. 2936), is further modified to allocate the flood

15 control and water supply costs in accordance with the per16 centages set forth in item 6h of table 16 of the Corps of

17 Engineers Sacramento District Reexamination Report,

18 dated February 1984, and to provide that cost-sharing be

19 in accordance with section 103 of the Water Resources

20 Development Act of 1986 (33 U.S.C. 2213).

21 (ff) UPPER JORDAN RIVER, UTAH.—The project for

22 flood control, Upper Jordan River, Utah, authorized by

23 section 101(a)(23) of the Water Resources Development

24 Act of 1990 (104 Stat. 4610), is modified to authorize

25 the Secretary to construct the project at a total cost of
31

•HR 4460 EH

1 $12,100,000, with an estimated Federal cost of

2 $8,000,000 and an estimated non-Federal cost of

3 $4,100,000.

4 (gg) HAYSI LAKE, VIRGINIA.—The Haysi Lake, Vir5 ginia, feature of the project for flood control, Tug Fork

6 of the Big Sandy River, Kentucky, West Virginia, and Vir7 ginia, authorized by section 202(a) of the Energy and

8 Water Development Appropriation Act, 1981 (94 Stat.

9 1339), is modified to add recreation as a project purpose.

10 (hh) RUDEE INLET, VIRGINIA BEACH, VIRGINIA.—

11 The project for navigation and shoreline protection, Rudee

12 Inlet, Virginia Beach, Virginia, authorized by section

13 501(a) of the Water Resources Development Act of 1986

14 (100 Stat. 4148), is modified to authorize the Secretary

15 to continue maintenance of the project for the life of the

16 project. The Federal share of the cost of such maintenance

17 shall be determined in accordance with title I of the Water

18 Resources Development Act of 1986.

19 (ii) BLUESTONE LAKE, WEST VIRGINIA.—Section

20 102(ff) of the Water Resources Development Act of 1992

21 (106 Stat. 4810) is amended by inserting ‘‘except for that

22 organic matter necessary to maintain and enhance the bio23 logical resources of such waters,’’ after ‘‘project,’’ the first

24 place it appears.

25 (jj) KICKAPOO RIVER, WISCONSIN.—
32

•HR 4460 EH

1 (1) IN GENERAL.—The project for flood control

2 and allied purposes, Kickapoo River, Wisconsin, au3 thorized by section 203 of the Flood Control Act of

4 1962 (76 Stat. 1190) and modified by section 814

5 of the Water Resources Development Act of 1986

6 (100 Stat. 4169), is further modified as provided by

7 this subsection.

8 (2) TRANSFER OF PROPERTY.—

9 (A) IN GENERAL.—Subject to the require10 ments of this subsection, the Secretary shall

11 transfer to the State of Wisconsin, without con12 sideration, all right, title, and interest of the

13 United States to the lands described in sub14 paragraph (B), including all works, structures,

15 and other improvements to such lands.

16 (B) LAND DESCRIPTION.—The lands to be

17 transferred pursuant to subparagraph (A) are

18 the approximately 8,569 acres of land associ19 ated with the LaFarge Dam and Lake portion

20 of the project referred to in paragraph (1) in

21 Vernon County, Wisconsin, in the following sec22 tions:

23 (i) Section 31, Township 14 North,

24 Range 1 West of the 4th Principal Merid25 ian.
33

•HR 4460 EH

1 (ii) Sections 2 through 11, and 16,

2 17, 20, and 21, Township 13 North,

3 Range 2 West of the 4th Principal Merid4 ian.

5 (iii) Sections 15, 16, 21 through 24,

6 26, 27, 31, and 33 through 36, Township

7 14 North, Range 2 West of the 4th Prin8 cipal Meridian.

9 (C) TERMS AND CONDITIONS.—The trans10 fer under subparagraph (A) shall be made on

11 the condition that the State of Wisconsin enters

12 into a written agreement with the Secretary to

13 hold the United States harmless from all claims

14 arising from or through the operation of the

15 lands and improvements subject to the transfer.

16 If title to the lands described in subparagraph

17 (B) is sold or transferred by the State, then the

18 State shall reimburse the United States for the

19 price originally paid by the United States for

20 purchasing such lands.

21 (D) DEADLINES.—Not later than July 1,

22 1995, the Secretary shall transmit to the State

23 of Wisconsin an offer to make the transfer

24 under this paragraph. Such offer shall provide

25 for the transfer to be made in the period begin-
34

•HR 4460 EH

1 ning on November 1, 1995, and ending on De2 cember 31, 1995.

3 (E) DEAUTHORIZATION.—The LaFarge

4 Dam and Lake portion of the project referred

5 to in paragraph (1) is not authorized after the

6 date of the transfer under this paragraph.

7 (F) INTERIM MANAGEMENT AND MAINTE8 NANCE.—The Secretary shall continue to man9 age and maintain the LaFarge Dam and Lake

10 portion of the project referred to in paragraph

11 (1) until the date of the transfer under this

12 subsection.

13 (3) COMPLETION OF PROJECT FEATURES.—

14 (A) REQUIREMENT.—The Secretary shall

15 undertake the completion of the following fea16 tures of the project referred to in paragraph

17 (1):

18 (i) The continued relocation of State

19 highway route 131 and county highway

20 routes P and F substantially in accordance

21 with plans contained in Design Memoran22 dum No. 6, Relocation-LaFarge Reservoir,

23 dated June 1970; except that the reloca24 tion shall generally follow the existing road

25 rights-of-way through the Kickapoo Valley.
35

•HR 4460 EH

1 (ii) Environmental cleanup and site

2 restoration of abandoned wells, farm sites,

3 and safety modifications to the water con4 trol structures.

5 (iii) Cultural resource activities to

6 meet the requirements of Federal law.

7 (B) PARTICIPATION BY STATE OF WISCON8 SIN.—In undertaking the completion of the fea9 tures described in subparagraph (A), the Sec10 retary shall determine the requirements of the

11 State of Wisconsin on the location and design

12 of each such feature.

13 (4) FUNDING.—There is authorized to be ap14 propriated to carry out this subsection for fiscal

15 years beginning after September 30, 1994,

16 $17,000,000.

17 SEC. 103. SMALL FLOOD CONTROL PROJECTS.

18 The Secretary shall conduct a study for each of the

19 following projects and, if the Secretary determines that

20 the project is feasible, shall carry out the project under

21 section 205 of the Flood Control Act of 1948 (33 U.S.C.

22 701s):

23 (1) ST. LOUIS, MISSOURI.—A project for flood

24 control in Carondelet and Germania neighborhoods

25 in St. Louis, Missouri.
36

•HR 4460 EH

1 (2) FULMER CREEK, VILLAGE OF MOHAWK,

2 NEW YORK.—A project for flood control, Fulmer

3 Creek, Village of Mohawk, New York.

4 (3) MOYER CREEK, VILLAGE OF FRANKFORT,

5 NEW YORK.—A project for flood control, Moyer

6 Creek, Village of Frankfort, New York.

7 (4) SAUQUOIT CREEK, WHITESBORO, NEW

8 YORK.—A project for flood control, Sauquoit Creek,

9 Whitesboro, New York.

10 (5) STEELE CREEK, VILLAGE OF ILION, NEW

11 YORK.—A project for flood control, Steele Creek,

12 Village of Ilion, New York.

13 (6) SUNBURY, PENNSYLVANIA.—A project for

14 flood control, Susquehanna River, at Sunbury, Penn15 sylvania, to rehabilitate existing flood control struc16 tures.

17 SEC. 104. SMALL BANK STABILIZATION PROJECTS.

18 The Secretary shall conduct a study for each of the

19 following projects and, if the Secretary determines that

20 the project is feasible, shall carry out the project under

21 section 14 of the Flood Control Act of 1946 (33 U.S.C.

22 701r):

23 (1) WABASH RIVER, NEW HARMONY, INDI24 ANA.—A project for bank stabilization to prevent
37

•HR 4460 EH

1 further erosion of the east bank of the Wabash River

2 in the vicinity of New Harmony, Indiana.

3 (2) HICKMAN BLUFF, HICKMAN, KENTUCKY.—

4 A project for bank stabilization, Hickman Bluff,

5 Hickman, Kentucky.

6 (3) WICKLIFFE, BALLARD COUNTY, KEN7 TUCKY.—A project for bank stabilization, Wickliffe,

8 Ballard County, Kentucky, on the Mississippi River

9 between the existing Wickliffe and Mayfield revet10 ments.

11 (4) ALLEGHENY RIVER AT OIL CITY, PENN12 SYLVANIA.—A project for bank stabilization to ad13 dress erosion problems affecting the pipeline cross14 ing the Allegheny River at Oil City, Pennsylvania,

15 including measures to address erosion affecting the

16 pipeline in the bed of the Allegheny River and its ad17 jacent banks.

18 SEC. 105. SMALL NAVIGATION PROJECTS.

19 The Secretary shall conduct a study for each of the

20 following projects and, if the Secretary determines that

21 the project is feasible, shall carry out the project under

22 section 107 of the River and Harbor Act of 1960 (33

23 U.S.C. 577):
38

•HR 4460 EH

1 (1) AKUTAN, ALASKA.—A navigation project for

2 Akutan, Alaska, consisting of a bulkhead and a wave

3 barrier.

4 (2) KING COVE, ALASKA.—A navigation project

5 for King Cove, Alaska, consisting of a small rubble

6 mound structure and a vertical wave screen.

7 (3) TACONITE, MINNESOTA.—A navigation

8 project for Taconite, Minnesota.

9 (4) TWO HARBORS, MINNESOTA.—A navigation

10 project for Two Harbors, Minnesota.

11 (5) BROOKLYN, NEW YORK.—A project for

12 navigation, Brooklyn, New York, including restora13 tion of the pier and related navigation support struc14 tures, at the Sixty-Ninth Street Pier.

15 SEC. 106. SMALL SHORELINE PROTECTION PROJECTS.

16 (a) PROJECT AUTHORIZATIONS.—The Secretary

17 shall conduct a study for each of the following projects,

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

19 shall carry out the project under section 3 of the Shoreline

20 Protection Act of August 13, 1946 (33 U.S.C. 426g):

21 (1) FAULKNER’S ISLAND, CONNECTICUT.—A

22 project for shoreline protection, Faulkner’s Island,

23 Connecticut.

24 (2) SYLVAN BEACH BREAKWATER, TOWN OF

25 VERONA, ONEIDA COUNTY, NEW YORK.—A project
39

•HR 4460 EH

1 for shoreline protection, Sylvan Beach Breakwater,

2 town of Verona, Oneida County, New York.

3 (b) COST SHARING AGREEMENT.—In carrying out

4 the project authorized by subsection (a)(1), the Secretary

5 shall enter into an agreement with the property owner of

6 the project to determine allocation of the project costs.

7 SEC. 107. SMALL BANK STABILIZATION AND BEACH ERO8 SION CONTROL PROJECT, WATSON ISLAND

9 PARK, MIAMI, FLORIDA.

10 The Secretary shall conduct a study for a project for

11 bank stabilization and beach erosion control, Watson Is12 land Park, Miami, Florida, and, if the Secretary deter13 mines that the project is feasible, shall carry out the

14 project under section 14 of the Flood Control Act of 1946

15 (33 U.S.C. 701r) and section 103 of the River and Harbor

16 Act of 1962 (33 U.S.C. 426g).

17 SEC. 108. SMALL SNAGGING AND SEDIMENT REMOVAL

18 PROJECT, MISSISSIPPI RIVER, LITTLE FALLS,

19 MINNESOTA.

20 The Secretary shall conduct a study for a project for

21 snagging and sediment removal, Mississippi River, Little

22 Falls, Minnesota, and, if the Secretary determines that the

23 project is feasible, shall carry out the project under section

24 3 of the River and Harbor Act of March 2, 1945 (33

25 U.S.C. 603a; 59 Stat. 23).
40

•HR 4460 EH

1 SEC. 109. UPPER TRUCKEE RIVER, EL DORADO COUNTY,

2 CALIFORNIA.

3 The Secretary shall conduct a study for a project for

4 environmental restoration, Upper Truckee River, El Do5 rado County, California, including measures for restora6 tion of degraded wetlands and wildlife enhancement, and,

7 if the Secretary determines that the project is feasible,

8 shall carry out the project under section 1135 of the

9 Water Resources Development Act of 1986 (33 U.S.C.

10 2309a).

11 SEC. 110. MUSKINGUM RIVER, OHIO.

12 The Secretary shall conduct a study of the feasibility

13 of carrying out a major rehabilitation project for the locks

14 on the Muskingum River, Ohio, constructed under the Na15 tional Industrial Recovery Act and, if the Secretary deter16 mines that project is feasible, carry out the project.

17 SEC. 111. PROJECT REAUTHORIZATIONS.

18 (a) GRAND PRAIRIE REGION AND BAYOU METO

19 BASIN, ARKANSAS.—The project for flood control, Grand

20 Prairie Region and Bayou Meto Basin, Arkansas, author21 ized by section 204 of the Flood Control Act of 1950 (64

22 Stat. 174) and deauthorized pursuant to section

23 1001(b)(1) of the Water Resources Development Act of

24 1986 (33 U.S.C. 579a(b)(1)), is authorized to be carried

25 out by the Secretary.
41

•HR 4460 EH

1 (b) WHITE RIVER, ARKANSAS.—The project for navi2 gation, White River Navigation to Batesville, Arkansas,

3 authorized by section 601(a) of the Water Resources De4 velopment Act of 1986 (100 Stat. 4139) and deauthorized

5 by section 52(b) of the Water Resources Development Act

6 of 1988 (102 Stat. 4045), is authorized to be carried out

7 by the Secretary.

8 SEC. 112. CONTINUATION OF AUTHORIZATION OF CERTAIN

9 PROJECTS.

10 (a) GENERAL RULE.—Notwithstanding section 1001

11 of the Water Resources Development Act of 1986 (33

12 U.S.C. 579a), the following projects shall remain author13 ized to be carried out by the Secretary:

14 (1) ONTONAGON HARBOR, ONTONAGON COUN15 TY, MICHIGAN.—The project for navigation,

16 Ontonagon Harbor, Ontonagon County, Michigan,

17 authorized by section 101 of the River and Harbor

18 Act of 1962 (76 Stat. 1176).

19 (2) ALPENA HARBOR, MICHIGAN.—The project

20 for navigation, Alpena Harbor, Michigan, authorized

21 by section 301 of the River and Harbor Act of 1965

22 (79 Stat. 1090).

23 (3) CEDAR RIVER HARBOR, MICHIGAN.—The

24 project for navigation, Cedar River Harbor, Michi-
42

•HR 4460 EH

1 gan, authorized by section 301 of the River and

2 Harbor Act of 1965 (79 Stat. 1090).

3 (4) CROSS VILLAGE HARBOR, MICHIGAN.—The

4 project for navigation, Cross Village Harbor, Michi5 gan, authorized by section 101 of the River and

6 Harbor Act of 1966 (80 Stat. 1405).

7 (5) KNIFE RIVER HARBOR, MINNESOTA.—The

8 project for navigation, Knife River Harbor, Min9 nesota, authorized by section 100 of the Water Re10 sources Development Act of 1974 (88 Stat. 41).

11 (b) LIMITATION.—A project described in subsection

12 (a) shall not be authorized for construction after the last

13 day of the 5-year period that begins on the date of the

14 enactment of this Act unless, during such period, funds

15 have been obligated for the construction (including plan16 ning and design) of the project.

17 SEC. 113. REUSE OF WASTE WATER.

18 (a) IN GENERAL.—The Secretary is authorized to

19 provide assistance to non-Federal interests for carrying

20 out projects described in subsection (c) for the beneficial

21 reuse of waste water. Such assistance may be in the form

22 of technical, planning, design, and construction assistance.

23 If the Secretary is to provide any design or engineering

24 assistance to carry out a project under this section, the

25 Secretary shall obtain by procurement from private
43

•HR 4460 EH

1 sources all services necessary for the Secretary to provide

2 such assistance, unless the Secretary finds that—

3 (1) the service would require the use of a new

4 technology unavailable in the private sector; or

5 (2) a solicitation or request for proposal has

6 failed to attract 2 or more bids or proposals.

7 (b) FEDERAL SHARE.—The Federal share of the cost

8 of assistance provided under this section shall be 55 per9 cent. The non-Federal share shall be subject to the ability

10 of the non-Federal interest to pay, including the proce11 dures and regulations relating to ability to pay established

12 under section 103(m) of the Water Resources Develop13 ment Act of 1986.

14 (c) PROJECT DESCRIPTIONS.—The projects for which

15 the Secretary is authorized to provide assistance under

16 subsection (a) are as follows:

17 (1) WEST DADE REGIONAL REUSE FACILITY,

18 FLORIDA.—The West Dade Regional reuse facility,

19 Florida, to increase water supply to the Everglades

20 National Park and associated natural systems.

21 (2) CHARLOTTE COUNTY, FLORIDA.—Charlotte

22 County, Florida, for aquifer storage and recovery of

23 reclaimed water.

24 (3) ALAMEDA COUNTY, CALIFORNIA.—Alameda

25 County Phase I waste water reclamation project
44

•HR 4460 EH

1 serving the cities of Fremont, Union City, and New2 ark, California.

3 (4) SUNNYVALE, CALIFORNIA.—The city of

4 Sunnyvale, California, Phase II water reclamation

5 project.

6 (5) PALO ALTO, CALIFORNIA.—The city of Palo

7 Alto, Phase I water reclamation project.

8 (6) SOUTH BAYSIDE, CALIFORNIA.—The South

9 Bayside System Authority for Phase I of the Red10 wood City-South Bayside System Authority water

11 reclamation program serving Redwood City, Menlo

12 Park, and San Carlos, California.

13 (d) AUTHORIZATION OF APPROPRIATIONS.—There is

14 authorized to be appropriated to carry out this section

15 $39,000,000. Such sums shall remain available until ex16 pended.

17 SEC. 114. STUDIES.

18 (a) GILA RIVER, GILLESPIE DAM TO YUMA, ARI19 ZONA.—The Secretary shall conduct a study of the fea20 sibility of implementing water conservation measures at

21 the Gila River, Gillespie Dam to Yuma, Arizona, including

22 an evaluation of the reoperation of Painted Rock Reservoir

23 as well as other structural and nonstructural features.

24 (b) NOGALES WASH AND TRIBUTARIES, ARIZONA.—
45

•HR 4460 EH

1 (1) STUDY.—The Secretary shall conduct a

2 study of the relationship of flooding in Nogales, Ari3 zona, and floodflows emanating from Mexico.

4 (2) REPORT.—The Secretary shall transmit to

5 Congress a report on the results of the study con6 ducted under paragraph (1), together with rec7 ommendations concerning the appropriate level of

8 non-Federal participation in the project for flood

9 control, Nogales Wash and tributaries, Arizona, au10 thorized by section 101(a)(4) of the Water Re11 sources Development Act of 1990 (104 Stat. 4606).

12 (c) LAKE ELSINORE, RIVERSIDE COUNTY, CALIFOR13 NIA.—The Secretary shall conduct a study of the advis14 ability of modifying the project for flood control, Lake

15 Elsinore, Riverside County, California, authorized pursu16 ant to section 205 of the Flood Control Act of 1948 (33

17 U.S.C. 701s), in order to provide for water conservation

18 storage up to 1249 feet mean sea level.

19 (d) SANTA MONICA BREAKWATER, CALIFORNIA.—

20 The Secretary shall complete the feasibility study for the

21 breakwater project, Santa Monica, California, and shall

22 consider as commercial benefits for purposes of section

23 119 of the River and Harbor Act of 1970 benefits from

24 reestablishment of past charter fishing vessel accommoda-
46

•HR 4460 EH

1 tion activities which existed in the area prior to damage

2 of the breakwater structure.

3 (e) YOLO BYPASS, SACRAMENTO-SAN JOAQUIN

4 DELTA, CALIFORNIA.—The Secretary shall study the ad5 visability of acquiring land in the vicinity of the Yolo By6 pass in the Sacramento-San Joaquin Delta, California, for

7 the purpose of environmental mitigation for the flood con8 trol project for Sacramento, California, and other water

9 resources projects in the area.

10 (f) CHICAGO LOCK AND THOMAS J. O’BRIEN LOCK,

11 ILLINOIS.—The Secretary shall conduct a study to deter12 mine the feasibility of making such structural repairs as

13 are necessary to prevent leakage through the Chicago

14 Lock and the Thomas J. O’Brien Lock, Illinois, and to

15 determine the need for installing permanent flow measure16 ment equipment at such locks to measure any leakage.

17 (g) BEAUTY CREEK WATERSHED, VALPARAISO CITY,

18 PORTER COUNTY, INDIANA.—The Secretary shall conduct

19 a study to assess the feasibility of implementing

20 streambank erosion control measures and flood control

21 measures within the Beauty Creek watershed, Valparaiso

22 City, Porter County, Indiana.

23 (h) INDIANA HARBOR CANAL, EAST CHICAGO, LAKE

24 COUNTY, INDIANA.—The Secretary shall conduct a study

25 of the feasibility of including environmental and rec-
47

•HR 4460 EH

1 reational features, including a vegetation buffer, as part

2 of the project for navigation, Indiana Harbor Canal, East

3 Chicago, Lake County, Indiana, authorized by the Rivers

4 and Harbors Appropriations Act of June 25, 1910 (36

5 Stat. 658).

6 (i) JEFFERSONVILLE, INDIANA.—

7 (1) STUDY.—The Secretary shall conduct a

8 study of the feasibility of carrying out major reha9 bilitation of the levee at Jeffersonville, Indiana, au10 thorized pursuant to section 4 of the Rivers and

11 Harbors Act of June 28, 1938 (52 Stat. 1217).

12 (2) REPORT.—Not later than 18 months after

13 the date of the enactment of this Act, the Secretary

14 shall transmit to Congress a report on the results of

15 the study conducted under paragraph (1).

16 (j) KNIGHT TOWNSHIP LEVEE, EVANSVILLE, INDI17 ANA.—

18 (1) STUDY.—The Secretary shall conduct a

19 study of the feasibility of carrying out major reha20 bilitation of the Knight Township levee at Evans21 ville, Indiana, authorized pursuant to section 4 of

22 the Rivers and Harbors Act of June 28, 1938 (52

23 Stat. 1217).

24 (2) REPORT.—Not later than 18 months after

25 the date of the enactment of this Act, the Secretary
48

•HR 4460 EH

1 shall transmit to Congress a report on the results of

2 the study conducted under paragraph (1).

3 (k) KOONTZ LAKE, INDIANA.—The Secretary shall

4 conduct a study of the feasibility of implementing meas5 ures to restore Koontz Lake, Indiana, including measures

6 to remove silt, sediment, nutrients, aquatic growth, and

7 other noxious materials from Koontz Lake, measures to

8 improve public access facilities to Koontz Lake, and meas9 ures to prevent or abate the deposit of sediments and nu10 trients in Koontz Lake.

11 (l) LITTLE CALUMET RIVER, INDIANA.—

12 (1) STUDY.—The Secretary shall conduct a

13 study of the impact of the project for flood control,

14 Little Calumet River, Indiana, authorized by section

15 401(a) of the Water Resources Development Act of

16 1986 (100 Stat. 4115), on flooding and water qual17 ity in the vicinity of the Black Oak area of Gary, In18 diana.

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

20 date of the enactment of this Act, the Secretary

21 shall transmit to Congress a report on the results of

22 the study conducted under paragraph (1), together

23 with recommendations for cost-effective remediation

24 of impacts described in paragraph (1).
49

•HR 4460 EH

1 (3) FEDERAL SHARE.—The Federal share of

2 the cost of the study to be conducted under para3 graph (1) shall be 100 percent.

4 (m) CALCASIEU PARISH, LOUISIANA.—The Secretary

5 shall conduct a study of the economic, engineering, and

6 environmental feasibility of providing additional water

7 supply for Calcasieu Parish and vicinity in southwest Lou8 isiana, with a view toward providing for future regional

9 increases in municipal and industrial water demand and

10 for increasing agricultural production.

11 (n) CALCASIEU SHIP CHANNEL, HACKBERRY, LOU12 ISIANA.—The Secretary shall conduct a study to deter13 mine the need for improved navigation and related support

14 service structures in the vicinity of the Calcasieu Ship

15 Channel, Hackberry, Louisiana.

16 (o) CROWLEY, LOUISIANA.—The Secretary shall con17 duct a study of the feasibility of implementing measures

18 for controlling erosion on Bayou Blanc immediately down19 stream from the Louisiana State Highway Route 13

20 bridge crossing.

21 (p) RIVER DES PERES, SAINT LOUIS COUNTY, MIS22 SOURI.—In conducting the feasibility study of potential

23 flood control measures for the River Des Peres, Saint

24 Louis County, Missouri, the Secretary shall include poten25 tial storm water runoff and related improvements and
50

•HR 4460 EH

1 shall cooperate with the Metropolitan Saint Louis Sewer

2 District.

3 (q) PORT OF NEW YORK-NEW JERSEY.—

4 (1) STUDY OF MEASURES TO REDUCE SEDI5 MENT DEPOSITION.—The Secretary shall conduct a

6 study of measures that could be used to reduce sedi7 ment deposition in the vicinity of the Port of New

8 York-New Jersey for the purpose of reducing the

9 volumes to be dredged for navigation projects in the

10 Port.

11 (2) DREDGED MATERIAL DISPOSAL STUDY.—

12 The Secretary shall conduct a study to determine

13 the feasibility of constructing and operating an un14 derwater confined dredged material disposal site in

15 the Port of New York-New Jersey which could ac16 commodate as much as 250,000 cubic yards of

17 dredged materials for the purpose of demonstrating

18 the feasibility of underwater confined disposal pit as

19 an environmentally suitable method of containing

20 certain sediments.

21 (3) REPORT.—The Secretary shall transmit to

22 Congress a report on the results of the studies con23 ducted under this subsection, together with any rec24 ommendations of the Secretary concerning reduction

25 of sediment deposition referred to in paragraph (1).
51

•HR 4460 EH

1 (r) MAUMEE RIVER, OHIO.—The Secretary shall

2 study the feasibility of realigning and extending the Fed3 eral channel, Maumee River, Lucas County, Ohio.

4 (s) SNAKE AND COLUMBIA RIVERS, OREGON, WASH5 INGTON, AND IDAHO.—

6 (1) STUDY.—The Secretary shall conduct a

7 study to assess the authority of the Secretary to im8 plement salmon protection measures in operating

9 dams on the Snake and Columbia Rivers, Oregon,

10 Washington, and Idaho.

11 (2) REPORT.—Not later than 6 months after

12 the date of the enactment of this Act, the Secretary

13 shall transmit to Congress a report on the results of

14 the study conducted under paragraph (1), including

15 recommendations for any additional authority need16 ed to implement such protection measures.

17 (t) CUMBERLAND RIVER, DAVIDSON COUNTY, TEN18 NESSEE.—

19 (1) STUDY.—The Secretary shall conduct a

20 study of the benefits of establishing a greenway

21 along the Cumberland River, Davidson County, Ten22 nessee.

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

24 date of the enactment of this Act, the Secretary
52

•HR 4460 EH

1 shall transmit to Congress a report on the results of

2 the study conducted under paragraph (1).

3 (u) JOHN H. KERR AND PHILPOTT RESERVOIRS,

4 VIRGINIA AND NORTH CAROLINA.—The Secretary shall

5 conduct a study of the advisability of modifying the multi6 purpose project for the John H. Kerr and Philpott Res7 ervoirs, Virginia and North Carolina, authorized by sec8 tion 10 of the Flood Control Act of December 22, 1944

9 (58 Stat. 894)—

10 (1) to include environmental enhancement, pub11 lic recreational opportunities, regional economic de12 velopment, and increased public participation in

13 shoreline management as management goals of the

14 project; and

15 (2) to authorize the use of power sale revenues

16 for operation, maintenance, and capital improve17 ments for the project.

18 SEC. 115. PROJECT DEAUTHORIZATIONS.

19 (a) IN GENERAL.—The following projects are not au20 thorized after the date of the enactment of this Act:

21 (1) BRIDGEPORT HARBOR, CONNECTICUT.—The

22 following portion of the project for navigation,

23 Bridgeport Harbor, Connecticut, authorized by sec24 tion 101 of the River and Harbor Act of 1958 (72

25 Stat. 297): A 2-acre anchorage area with a depth of
53

•HR 4460 EH

1 6 feet at the head of Johnsons River between the ex2 isting Federal channel and Hollisters Dam.

3 (2) JOHNSONS RIVER CHANNEL, BRIDGEPORT

4 HARBOR, CONNECTICUT.—The following portion of

5 the project for navigation, Johnsons River Channel,

6 Bridgeport Harbor, Connecticut, authorized by the

7 first section of the Rivers and Harbors Act of July

8 24, 1946 (60 Stat. 634): Northerly of a line across

9 the Federal channel. The coordinates of such line

10 are N 123318.35, E 486301.68 and N 123257.15,

11 E 486380.77.

12 (3) SOUTHPORT HARBOR, CONNECTICUT.—

13 (A) DEAUTHORIZATION PORTION OF

14 PROJECT.—The following portions of the

15 project for navigation, Southport Harbor, Con16 necticut, authorized by the first section of the

17 Rivers and Harbors Act of August 30, 1935

18 (49 Stat. 1029):

19 (i) The 6-foot deep anchorage located

20 at the head of the project.

21 (ii) The portion of the 9-foot deep

22 channel beginning at a bend in the channel

23 whose coordinates are north 109131.16,

24 east 452653.32 running thence in a north25 easterly direction about 943.01 feet to a
54

•HR 4460 EH

1 point whose coordinates are north

2 109635.22, east 453450.31 running thence

3 in a southeasterly direction about 22.66

4 feet to a point whose coordinates are north

5 109617.15, east 453463.98 running thence

6 in a southwesterly direction about 945.18

7 feet to the point of beginning.

8 (B) REMAINDER.—The remaining portion

9 of the project referred to in subparagraph (A)

10 northerly of a line whose coordinates are north

11 108699.15, east 452768.36 and north

12 108655.66, east 452858.73 shall be redesig13 nated as an anchorage.

14 (4) FALMOUTH, MASSACHUSETTS.—The follow15 ing portions of the project for navigation, Falmouth

16 Harbor, Massachusetts, authorized by section 101 of

17 the River and Harbor Act of 1948 (62 Stat. 1172):

18 (A) The portion commencing at a point

19 north 199286.37 east 844394.81 a line running

20 north 73 degrees 09 minutes 24.6 seconds east

21 440.44 feet to a point north 199413.99 east

22 844816.36, thence turning and running north

23 43 degrees 09 minutes 34.5 seconds east

24 119.99 feet to a point north 199501.52 east

25 844898.44, thence turning and running south
55

•HR 4460 EH

1 66 degrees 52 minutes 04.4 seconds east

2 547.66 feet returning to a point north

3 199286.37 east 844394.81.

4 (B) The portion commencing at a point

5 north 199647.42 east 845035.25 a line running

6 north 43 degrees 09 minutes 35.0 seconds east

7 767.14 feet to a point north 200207.01 east

8 845560.00, thence turning and running north

9 11 degrees 04 minutes 24.3 seconds west

10 380.08 feet to a point north 200580.01 east

11 845487.00, thence turning and running north

12 22 degrees 05 minutes 50.8 seconds east

13 1332.36 feet to a point north 201814.50 east

14 845988.21, thence turning and running north

15 02 degrees 54 minutes 15.7 seconds east 15.0

16 feet to a point north 201829.48 east

17 845988.97, thence turning and running south

18 23 degrees 36 minutes 31.9 seconds west

19 2381.38 feet returning to the point north

20 199647.42 east 845035.25.

21 (5) OSWEGATCHIE RIVER, OGDENSBURG NEW

22 YORK.—The portion of the Federal channel of the

23 project for navigation, Ogdensburg Harbor, New

24 York, authorized by the first section of the Rivers

25 and Harbors Appropriations Act of June 25, 1910
56

•HR 4460 EH

1 (36 Stat. 635), as modified by the first section of

2 the Rivers and Harbors Act of August 30, 1935 (49

3 Stat. 1037), which is in the Oswegatchie River in

4 Ogdensburg, New York, from the southernmost

5 alignment of the Route 68 bridge upstream to the

6 northernmost alignment of the Lake Street bridge.

7 (b) REDESIGNATION.—The portion of the project for

8 navigation Falmouth, Massachusetts, referred to in sub9 section (a)(4) upstream of a line designated by the 2

10 points north 199463.18 east 844496.40 and north

11 199350.36 east 844544.60 is redesignated as an anchor12 age area.

13 SEC. 116. NAMINGS.

14 (a) MILT BRANDT VISITORS CENTER, CALIFOR15 NIA.—

16 (1) DESIGNATION.—The visitors center at

17 Warm Springs Dam, California, authorized by sec18 tion 203 of the Flood Control Act of 1962 (76 Stat.

19 1192), shall be known and designated as the ‘‘Milt

20 Brandt Visitors Center’’.

21 (2) LEGAL REFERENCES.—Any reference in a

22 law, map, regulation, document, paper, or other

23 record of the United States to the visitors center re24 ferred to in paragraph (1) shall be deemed to be a

25 reference to the ‘‘Milt Brandt Visitors Center’’.
57

•HR 4460 EH

1 (b) WILLIAM H. NATCHER BRIDGE, MACEO, KEN2 TUCKY, AND ROCKPORT, INDIANA.—

3 (1) DESIGNATION.—The bridge on United

4 States Route 231 which crosses the Ohio River be5 tween Maceo, Kentucky, and Rockport, Indiana,

6 shall be known and designated as the ‘‘William H.

7 Natcher Bridge’’.

8 (2) LEGAL REFERENCES.—Any reference in a

9 law, map, regulation, document, paper, or other

10 record of the United States to the bridge referred to

11 in paragraph (1) shall be deemed to be a reference

12 to the ‘‘William H. Natcher Bridge’’.

13 (c) J. EDWARD ROUSH LAKE, INDIANA.—

14 (1) REDESIGNATION.—The lake on the Wabash

15 River in Huntington and Wells Counties, Indiana,

16 authorized by section 203 of the Flood Control Act

17 of 1958 (72 Stat. 312), and known as Huntington

18 Lake, shall be known and designated as the ‘‘J. Ed19 ward Roush Lake’’.

20 (2) LEGAL REFERENCES.—Any reference in a

21 law, map, regulation, document, paper, or other

22 record of the United States to the lake referred to

23 in paragraph (1) shall be deemed to be a reference

24 to the ‘‘J. Edward Roush Lake’’.
58

•HR 4460 EH

1 (d) LOCK AND DAM 4, RED RIVER WATERWAY, LOU2 ISIANA.—

3 (1) DESIGNATION.—Lock and Dam 4 of the

4 Red River Waterway, Louisiana, shall be known and

5 designated as the ‘‘Russell B. Long Lock and

6 Dam’’.

7 (2) LEGAL REFERENCES.—A reference in any

8 law, map, regulation, document, paper, or other

9 record of the United States to the lock and dam re10 ferred to in paragraph (1) shall be deemed to be a

11 reference to the ‘‘Russell B. Long Lock and Dam’’.

12 (e) LOCK AND DAM 3, RED RIVER WATERWAY, LOU13 ISIANA.—

14 (1) DESIGNATION.—Lock and Dam 3 of the

15 Red River Waterway, Louisiana, shall be known and

16 designated the ‘‘Edwin W. Edwards Lock and

17 Dam’’.

18 (2) LEGAL REFERENCES.—A reference in any

19 law, map, regulation, document, paper, or other

20 record of the United States to the lock and dam re21 ferred to in paragraph (1) shall be deemed to be a

22 reference to the ‘‘Edwin W. Edwards Lock and

23 Dam’’.
59

•HR 4460 EH

1 TITLE II—GENERALLY

2 APPLICABLE PROVISIONS

3 SEC. 201. RECREATION POLICY AND USER FEES.

4 (a) RECREATION POLICIES.—

5 (1) IN GENERAL.—The Secretary shall provide

6 increased emphasis on and opportunities for recre7 ation at water resources projects operated, main8 tained, or constructed by the Corps of Engineers.

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

10 date of the enactment of this Act, the Secretary

11 shall transmit to Congress a report on specific meas12 ures taken to implement this subsection.

13 (b) RECREATION USER FEES.—Section 210(b) of the

14 Flood Control Act of 1968 (16 U.S.C. 460d–3(b)) is

15 amended by adding at the end the following:

16 ‘‘(5) USE OF FEES COLLECTED AT FACILITY.—

17 The Secretary of the Army shall ensure that at least

18 an amount equal to the total amount of fees col19 lected at any project under this subsection in a fiscal

20 year beginning after September 30, 1994, are ex21 pended in the succeeding fiscal year at such project

22 for operation and maintenance of recreational facili23 ties at such project.’’.
60

•HR 4460 EH

1 SEC. 202. RECOVERY OF COSTS.

2 Amounts recovered under section 107 of the Com3 prehensive Environmental Response, Compensation, and

4 Liability Act of 1980 (42 U.S.C. 9607) for any response

5 action taken by the Secretary in support of the Army Civil

6 Works program shall be credited to the appropriate trust

7 fund account from which the cost of such response action

8 has been paid or will be charged.

9 SEC. 203. COST SHARING OF ENVIRONMENTAL PROJECTS.

10 Section 103(c) of the Water Resources Development

11 Act of 1986 (33 U.S.C. 2213(c)) is amended—

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

13 (5);

14 (2) by striking the period at the end of para15 graph (6) and inserting ‘‘; and’’; and

16 (3) by inserting after paragraph (6) the follow17 ing new paragraph:

18 ‘‘(7) subject to section 906 of this Act, environ19 mental protection and restoration: 25 percent.’’.

20 SEC. 204. CONSTRUCTION OF FLOOD CONTROL PROJECTS

21 BY NON-FEDERAL INTERESTS.

22 (a) AUTHORITY.—Non-Federal interests are author23 ized to undertake flood control projects in the United

24 States, subject to obtaining any permits required pursuant

25 to Federal and State laws, in advance of actual construc26 tion.
61

•HR 4460 EH

1 (b) STUDIES AND ENGINEERING.—

2 (1) BY NON-FEDERAL INTERESTS.—A non-Fed3 eral interest may prepare, for review and approval

4 by the Secretary, the necessary studies and engi5 neering for any construction to be undertaken pur6 suant to subsection (a).

7 (2) BY SECRETARY.—Upon request of an ap8 propriate non-Federal interest, the Secretary may

9 undertake all necessary studies and engineering for

10 any construction to be undertaken pursuant to sub11 section (a) and provide technical assistance in ob12 taining all necessary permits for such construction if

13 the non-Federal interest contracts with the Sec14 retary to furnish the United States funds for the

15 studies and engineering during the period that the

16 studies and engineering will be conducted.

17 (c) COMPLETION OF STUDIES.—The Secretary is au18 thorized to complete and transmit to the appropriate non19 Federal interests any study for flood control which was

20 initiated before the date of the enactment of this Act or,

21 upon the request of such non-Federal interests, to termi22 nate the study and transmit the partially completed study

23 to such non-Federal interests for completion. Studies sub24 ject to this subsection shall be completed without regard

25 to the requirements of subsection (b).
62

•HR 4460 EH

1 (d) AUTHORITY TO CARRY OUT IMPROVEMENT.—

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

3 which has received from the Secretary pursuant to

4 subsection (b) or (c) a favorable recommendation to

5 carry out a flood control project or separable ele6 ment thereof based on the results of completed stud7 ies and engineering for the project or element, may

8 carry out the project or element if a final environ9 mental impact statement has been filed for the

10 project or element.

11 (2) PERMITS.—Any plan of improvement pro12 posed to be implemented in accordance with this

13 subsection shall be deemed to satisfy the require14 ments for obtaining the appropriate permits required

15 under the Secretary’s authority and such permits

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

17 acceptance of the terms and conditions of such per18 mits if the Secretary determines that the applicable

19 regulatory criteria and procedures have been satis20 fied.

21 (3) MONITORING.—The Secretary shall monitor

22 any project for which a permit is granted under this

23 subsection in order to ensure that such project is

24 constructed (and, in those cases where such activi25 ties will not be the responsibility of the Secretary,
63

•HR 4460 EH

1 operated and maintained) in accordance with the

2 terms and conditions of such permit.

3 (e) REIMBURSEMENT.—

4 (1) GENERAL RULE.—Subject to appropriation

5 Acts, the Secretary is authorized to reimburse any

6 non-Federal interest an amount equal to the esti7 mate of the Federal share, without interest, of the

8 cost of any authorized flood control project, or sepa9 rable element thereof, constructed pursuant to this

10 section—

11 (A) if, after authorization and before initi12 ation of construction of the project or separable

13 element, the Secretary approves the plans for

14 construction of such project by the non-Federal

15 interest; and

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

17 studies and engineering prepared pursuant to

18 this section, that construction of the project or

19 separable element is economically justified and

20 environmentally acceptable.

21 (2) MATTERS TO BE CONSIDERED IN REVIEW22 ING PLANS.—In reviewing plans under this sub23 section, the Secretary shall consider budgetary and

24 programmatic priorities and other factors that the

25 Secretary deems appropriate.
64

•HR 4460 EH

1 (3) MONITORING.—The Secretary shall regu2 larly monitor and audit any project for flood control

3 constructed under this section by a non-Federal in4 terest in order to ensure that such construction is in

5 compliance with the plans approved by the Secretary

6 and that the costs are reasonable.

7 (4) LIMITATION ON REIMBURSEMENTS.—No re8 imbursement shall be made under this section unless

9 and until the Secretary has certified that the work

10 for which reimbursement is requested has been per11 formed in accordance with applicable permits and

12 approved plans.

13 (f) TREATMENT OF FLOOD DAMAGE PREVENTION

14 MEASURES.—For the purposes of this section, flood dam15 age prevention measures at or in the vicinity of Morgan

16 City and Berwick, Louisiana, shall be treated as an au17 thorized element of the Atchafalaya Basin feature of the

18 project for flood control, Mississippi River and Tribu19 taries.

20 SEC. 205. COLLABORATIVE RESEARCH AND DEVELOPMENT.

21 Section 7 of the Water Resources Development Act

22 of 1988 (102 Stat. 4022–4023) is amended—

23 (1) in subsection (a) by inserting ‘‘civil works’’

24 before ‘‘mission’’;
65

•HR 4460 EH

1 (2) by redesignating subsections (b), (c), (d),

2 and (e) as subsections (c), (d), (e), and (f), respec3 tively;

4 (3) in subsection (d), as so redesignated, by

5 striking ‘‘(b)’’ and inserting ‘‘(c)’’;

6 (4) by striking subsection (f), as so redesig7 nated; and

8 (5) by inserting after subsection (a) the follow9 ing new subsection:

10 ‘‘(b) PRE-AGREEMENT TEMPORARY PROTECTION OF

11 TECHNOLOGY.—If the Secretary determines that informa12 tion developed as a result of research and development ac13 tivities conducted by the Corps of Engineers is likely to

14 be subject to a cooperative research and development

15 agreement within 2 years of its development and that such

16 information would be a trade secret or commercial or fi17 nancial information that would be privileged or confiden18 tial if the information had been obtained from a non-Fed19 eral party participating in a cooperative research and de20 velopment agreement under section 12 of the Stevenson21 Wydler Technology Innovation Act of 1980, the Secretary

22 may provide appropriate protection against the dissemina23 tion of such information, including exemption from sub24 chapter II of chapter 5 of title 5, United States Code, until

25 the earlier of the date the Secretary enters into such an
66

•HR 4460 EH

1 agreement with respect to such technology or the last day

2 of the 2-year period beginning on the date of such deter3 mination. Any technology covered by this section which be4 comes the subject of a cooperative research and develop5 ment agreement shall be accorded the protection provided

6 under section 12(c)(7)(B) of such Act (15 U.S.C.

7 3710a(c)(7)(B)) as if such technology had been developed

8 under a cooperative research and development agree9 ment.’’.

10 SEC. 206. NATIONAL INVENTORY OF DAMS.

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

12 is amended by striking the second sentence and inserting

13 the following: ‘‘There is authorized to be appropriated

14 $500,000 for each fiscal year for the purpose of carrying

15 out this section.’’.

16 SEC. 207. MAINTENANCE, REHABILITATION, AND MOD17 ERNIZATION OF FACILITIES.

18 (a) IN GENERAL.—In accomplishing the mainte19 nance, rehabilitation, and modernization of hydroelectric

20 power generating facilities at water resources projects

21 under the jurisdiction of the Department of the Army, the

22 Secretary is authorized to increase the efficiency of energy

23 production and the capacity of these facilities if, after con24 sulting with other appropriate Federal and State agencies,

25 the Secretary determines that such uprating—
67

•HR 4460 EH

1 (1) is economically justified and financially fea2 sible;

3 (2) will not result in significant adverse effects

4 on the other purposes for which the project is au5 thorized;

6 (3) will not result in significant adverse envi7 ronmental impacts; and

8 (4) will not involve major structural or oper9 ation changes in the project.

10 (b) LIMITATION ON STATUTORY CONSTRUCTION.—

11 Nothing in subsection (a) shall be construed as affecting

12 the authority of the Secretary and the Administrator of

13 the Bonneville Power Administration under section 2406

14 of the Energy Policy Act of 1992 (16 U.S.C. 839d–1).

15 SEC. 208. FEDERAL LUMP-SUM PAYMENTS FOR FEDERAL

16 OPERATION AND MAINTENANCE COSTS.

17 (a) IN GENERAL.—At a water resources project

18 where the non-Federal interest is responsible for perform19 ing the operation, maintenance, replacement, and rehabili20 tation of the project and the Federal Government is re21 sponsible for paying a portion of the operation, mainte22 nance, replacement, and rehabilitation costs, the Secretary

23 may provide, under terms and conditions acceptable to the

24 Secretary and the non-Federal interest, a payment of the

25 estimated total Federal share of such costs to the non-
68

•HR 4460 EH

1 Federal interest after completion of construction of the

2 project or a separable element thereof.

3 (b) DETERMINATION OF AMOUNT.—The amount to

4 be paid shall be equal to the present value of the Federal

5 payments over the life of the project, as agreed by the

6 Federal Government and the non-Federal interest, and

7 shall be computed using an interest rate determined by

8 the Secretary of the Treasury taking into consideration

9 current market yields on outstanding marketable obliga10 tions of the United States with maturities comparable to

11 the remaining life of the project.

12 (c) AGREEMENT.—The Secretary may make a pay13 ment under this section only if the non-Federal interest

14 has entered into a binding agreement with the Secretary

15 to perform the operation, maintenance, replacement, and

16 rehabilitation of the project or separable element. The

17 agreement must be in accordance with the requirements

18 of section 221 of the Flood Control Act of 1970 (84 Stat.

19 1831) and must contain provisions specifying the terms

20 and conditions under which a payment may be made under

21 this section and the rights of, and remedies available to,

22 the Federal Government to recover all or a portion of a

23 payment made under this section in the event the non24 Federal interest suspends or terminates its performance

25 of operation, maintenance, replacement, and rehabilitation
69

•HR 4460 EH

1 of the project or separable element or fails to perform such

2 activities in a manner consistent with the agreement be3 tween the Secretary and the non-Federal interest.

4 (d) RELIEF FROM FUTURE OBLIGATIONS.—Except

5 as provided in subsection (c), a payment provided to the

6 non-Federal interest under this section shall relieve the

7 Government of any future obligations for paying any of

8 the operation, maintenance, replacement, and rehabilita9 tion costs for the project or separable element.

10 SEC. 209. LONG-TERM SEDIMENT MANAGEMENT STRATE11 GIES.

12 (a) DEVELOPMENT.—The Secretary shall enter into

13 cooperative agreements with non-Federal sponsors of navi14 gation projects for development of long-term management

15 strategies for controlling sediments in such projects.

16 (b) CONTENTS OF STRATEGIES.—Each strategy de17 veloped under this section for a navigation project—

18 (1) shall include assessments of the following

19 with respect to the project: sediment rates and com20 position, sediment reduction options, dredging prac21 tices, long-term management of any dredged mate22 rial disposal facilities, remediation of such facilities,

23 and alternative disposal and reuse options;

24 (2) shall include a timetable for implementation

25 of the strategy; and
70

•HR 4460 EH

1 (3) shall incorporate, as much as possible, rel2 evant ongoing planning efforts, including remedial

3 action planning, dredged material management plan4 ning, harbor and waterfront development planning,

5 and watershed management planning.

6 (c) CONSULTATION.—In developing strategies under

7 this section, the Secretary shall consult with interested

8 Federal agencies, States, and Indian tribes and the public.

9 SEC. 210. EMERGENCY RESPONSE.

10 Section 5(a)(1) of the Act entitled ‘‘An Act authoriz11 ing the construction of certain public works on rivers and

12 harbors for flood control, and for other purposes’’, ap13 proved August 18, 1941 (33 U.S.C. 701n(a)(1)), is

14 amended by inserting before the first semicolon the follow15 ing: ‘‘, or in implementation of nonstructural alternatives

16 to the repair or restoration of such flood control work if

17 requested by the non-Federal sponsor’’.

18 SEC. 211. OBSTRUCTION REMOVAL REQUIREMENT.

19 (a) PENALTY.—Section 16 of the Act of March 3,

20 1899 (30 Stat. 1153; 33 U.S.C. 411), is amended—

21 (1) by striking ‘‘thirteen, fourteen, and fifteen’’

22 and inserting ‘‘13, 14, 15, 19, and 20’’; and

23 (2) by striking ‘‘not exceeding twenty-five hun24 dred dollars nor less than five hundred dollars’’ and

25 inserting ‘‘of up to $25,000 per day’’.
71

•HR 4460 EH

1 (b) GENERAL AUTHORITY.—Section 20 of the Act of

2 March 3, 1899 (30 Stat. 1154; 33 U.S.C. 415), is amend3 ed—

4 (1) by striking ‘‘expense’’ the first place it ap5 pears in subsection (a) and inserting ‘‘actual ex6 pense, including administrative expenses,’’;

7 (2) in subsection (b) by striking ‘‘cost’’ and in8 serting ‘‘actual cost, including administrative

9 costs,’’;

10 (3) by redesignating subsection (b) as sub11 section (c); and

12 (4) by inserting after subsection (a) the follow13 ing new subsection:

14 ‘‘(b) REMOVAL REQUIREMENT.—Within 24 hours

15 after the Secretary of the Department in which the Coast

16 Guard is operating issues an order to stop or delay naviga17 tion in any navigable waters of the United States because

18 of conditions related to the sinking or grounding of a ves19 sel, the owner or operator of the vessel, with the approval

20 of the Secretary of the Army, shall begin removal of the

21 vessel using the most expeditious removal method avail22 able or, if appropriate, secure the vessel pending removal

23 to allow navigation to resume. If the owner or operator

24 fails to begin removal or to secure the vessel pending re25 moval or fails to complete removal as soon as possible,
72

•HR 4460 EH

1 the Secretary of the Army shall remove or destroy the ves2 sel using the summary removal procedures under sub3 section (a) of this section.’’.

4 SEC. 212. SMALL PROJECT AUTHORIZATIONS.

5 Section 14 of the Flood Control Act of 1946 (33

6 U.S.C. 701r) is amended—

7 (1) by striking ‘‘$12,500,000’’ and inserting

8 ‘‘$15,000,000’’; and

9 (2) by striking ‘‘$500,000’’ and inserting

10 ‘‘$1,500,000’’.

11 SEC. 213. AQUATIC PLANT CONTROL.

12 Section 104(b) of the River and Harbor Act of 1958

13 (33 U.S.C. 610(b)) is amended by striking ‘‘$12,000,000’’

14 and inserting ‘‘$25,000,000’’.

15 SEC. 214. BENEFICIAL USES OF DREDGED MATERIAL.

16 Section 204(e) of the Water Resources Development

17 Act of 1992 (33 U.S.C. 2326) is amended by striking

18 ‘‘$15,000,000’’ and inserting ‘‘$50,000,000’’.

19 SEC. 215. SEDIMENTS DECONTAMINATION TECHNOLOGY.

20 (a) PROJECT PURPOSE.—Section 405(a) of the

21 Water Resources Development Act of 1992 (106 Stat.

22 4863; 33 U.S.C. 2239 note) is amended by adding at the

23 end the following:

24 ‘‘(3) PROJECT PURPOSE.—The purpose of the

25 project to be carried out under this section is to pro-
73

•HR 4460 EH

1 vide for the development of 1 or more sediment de2 contamination technologies on a pilot scale dem3 onstrating a capacity of at least 400 cubic yards per

4 day.’’.

5 (b) AUTHORIZATION OF APPROPRIATIONS.—The first

6 sentence of section 405(c) of such Act is amended to read

7 as follows: ‘‘There is authorized to be appropriated to

8 carry out this section $5,000,000 for fiscal years 1993 and

9 1994 and $10,000,000 for fiscal years beginning after

10 September 30, 1994.’’.

11 (c) REPORTS.—Section 405 of such Act is amended

12 by adding at the end the following:

13 ‘‘(d) REPORTS.—Not later than September 30, 1996,

14 and periodically thereafter, the Administrator and the Sec15 retary shall transmit to Congress a report on the results

16 of the project to be carried out under this section, includ17 ing an assessment of the progress made in achieving the

18 intent of the program set forth in subsection (a)(3).’’.

19 SEC. 216. PROJECT DEAUTHORIZATIONS.

20 (a) IN GENERAL.—Section 1001(b)(2) of the Water

21 Resources Development Act of 1986 (33 U.S.C.

22 579a(b)(2)) is amended—

23 (1) by striking ‘‘Before’’ at the beginning of the

24 second sentence and inserting ‘‘Upon’’; and
74

•HR 4460 EH

1 (2) by inserting ‘‘planning, designing, or’’ be2 fore ‘‘construction’’ in the last sentence.

3 (b) TECHNICAL AMENDMENT.—Section 52 of the

4 Water Resources Development Act of 1988 (33 U.S.C.

5 579a note; 102 Stat. 4044) is amended—

6 (1) by striking subsection (a); and

7 (2) by redesignating subsections (b), (c), (d),

8 and (e) as subsections (a), (b), (c), and (d), respec9 tively.

10 SEC. 217. FOREIGN TRAVEL.

11 Section 211 of the Flood Control Act of 1950 (64

12 Stat. 183) is repealed.

13 SEC. 218. SUPPORT OF ARMY CIVIL WORKS PROGRAM.

14 (a) GENERAL AUTHORITY.—In carrying out research

15 and development in support of the civil works program of

16 the Department of the Army, the Secretary may utilize

17 contracts, cooperative research and development agree18 ments, cooperative agreements, and grants with non-Fed19 eral entities, including State and local governments, col20 leges and universities, consortia, professional and tech21 nical societies, public and private scientific and technical

22 foundations, research institutions, educational organiza23 tions, and non-profit organizations.

24 (b) SPECIAL RULES.—With respect to contracts for

25 research and development, the Secretary may include re-
75

•HR 4460 EH

1 quirements that have potential commercial application and

2 may also use such potential application as an evaluation

3 factor where appropriate.

4 SEC. 219. HOPPER DREDGE FLEET.

5 (a) IN GENERAL.—In order to more effectively man6 age and protect the commercial viability of the Nation’s

7 vital deep draft seaports, the Secretary—

8 (1) shall conduct advanced maintenance suffi9 cient to ensure that authorized deep draft channel

10 dimensions are continuously maintained;

11 (2) may conduct analysis and demonstration of

12 experimental maintenance dredging techniques or

13 improved environmental techniques in federally au14 thorized deep draft navigation channels in order to

15 evaluate the ability of such techniques to increase

16 the reliability of channel dimensions; except that any

17 dredging undertaken pursuant to this paragraph

18 shall be limited and shall not replace or be sub19 stituted for routine maintenance dredging;

20 (3) shall, to the maximum extent practicable,

21 utilize sediments dredged under paragraphs (1) and

22 (2) for beneficial purposes; and

23 (4) shall contract for private dredging services

24 to perform priority-expedited dredging work unless

25 the appropriate District Engineer of Corps of Engi-
76

•HR 4460 EH

1 neers determines that a Federal dredge can be

2 brought on scene more quickly or is operationally

3 better suited to undertake the work than any avail4 able non-Federal dredge.

5 With respect to priority-expedited dredging work under6 taken under paragraph (4), the District Engineer shall

7 employ innovative, expedited contracting procedures to en8 sure a timely response. In the case of contract disputes,

9 the District Engineer is authorized to employ whatever

10 measures are necessary to accomplish the priority-expe11 dited dredging work.

12 (b) HOPPER DREDGE FLEET REQUIREMENTS.—In

13 order to ensure the continued viability of the Federal hop14 per dredge fleet and private industry hopper dredge fleet,

15 the Secretary—

16 (1) shall, except as provided in section 342 of

17 this Act, relating to the hopper dredge, McFarland,

18 maintain the Federal minimum hopper dredge fleet

19 for at least 4 years or more beginning in fiscal year

20 1995 in a fully operational and active status;

21 (2) may undertake measures to maintain or im22 prove the efficiency, operation, and design of the

23 Federal hopper dredge fleet; and

24 (3) shall, for fiscal years beginning in fiscal

25 year 1995 and ending in fiscal year 1998, advertise
77

•HR 4460 EH

1 for competitive bid at least 7,500,000 cubic yards of

2 hopper dredge work formerly accomplished by the

3 Government fleet in years preceding fiscal year 1992

4 consistent with the policies developed by the Sec5 retary to implement the requirements of section 106

6 of the Energy and Water Development Appropria7 tions Act, 1993 (106 Stat. 1326) and section 106 of

8 the Energy and Water Development Appropriations

9 Act, 1994 (107 Stat. 1320); except that (A) hopper

10 dredge work which results from activities undertaken

11 in accordance with subsection (a)(1) or (a)(2) shall

12 be advertised for competitive bid and shall not be

13 counted toward the 7,500,000 cubic yards required

14 to be advertised by this paragraph; and (B) oper15 ation of the Corps of Engineers hopper dredge fleet

16 resulting from activities undertaken in accordance

17 with subsections (a)(2) and (a)(4) shall not be used

18 to determine days of operation of the Corps of Engi19 neers hopper dredge fleet necessary to achieve the

20 7,500,000 cubic yards required to be advertised by

21 this paragraph.

22 (c) PRIORITY-EXPEDITED DREDGING WORK DE23 FINED.—For purposes of this section, the term ‘‘priority24 expedited dredging work’’ means work necessary to main25 tain a federally authorized deep draft navigation channel
78

•HR 4460 EH

1 at project dimensions whenever the appropriate District

2 Engineer of the Corps of Engineers determines that silta3 tion, sedimentation, or other events altering channel di4 mensions has caused, or is anticipated to cause, imminent

5 impairment of ongoing commercial navigation.

6 (d) USE OF CORPS DREDGE FLEET.—Notwithstand7 ing the provisions of this section, the Secretary is author8 ized to use the dredge fleet of the Corps of Engineers to

9 undertake projects when industry does not perform as re10 quired by the contract specifications or when the bids are

11 more than 25 percent in excess of what the Secretary de12 termines to be a fair and reasonable estimated cost of a

13 well-equipped contractor doing the work or to respond to

14 emergency requirements.

15 SEC. 220. RESTORATION OF ENVIRONMENTAL QUALITY.

16 Section 1135 of the Water Resources Development

17 Act of 1986 (100 Stat. 4251–4252; 33 U.S.C. 2309a) is

18 amended—

19 (1) by striking the period at the end of sub20 section (a) and inserting the following: ‘‘and to de21 termine if the operation of such projects has contrib22 uted to the degradation of the quality of the environ23 ment.’’;

24 (2) by striking the last 2 sentences of sub25 section (b);
79

•HR 4460 EH

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

2 (e) as subsections (e), (f), and (g), respectively; and

3 (4) by inserting after subsection (b) the follow4 ing new subsections:

5 ‘‘(c) RESTORATION OF ENVIRONMENTAL QUALITY.—

6 If the Secretary determines that operation of a water re7 sources project constructed by the Secretary has contrib8 uted to the degradation of the quality of the environment,

9 the Secretary may undertake measures for restoration of

10 environmental quality if such measures are feasible and

11 consistent with the authorized project purposes.

12 ‘‘(d) NON-FEDERAL SHARE; LIMITATION ON MAXI13 MUM FEDERAL EXPENDITURE.—The non-Federal share

14 of the cost of any modifications or measures carried out

15 or undertaken pursuant to subsection (b) or (c) of this

16 section shall be 25 percent. Not more than 80 percent of

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

18 supply, or service that is necessary to carry out the modi19 fication. No more than $5,000,000 in Federal funds may

20 be expended on any single modification or measure carried

21 out or undertaken pursuant to this section.’’.
80

•HR 4460 EH

1 SEC. 221. COST SHARING FOR CREATION OF DREDGED MA2 TERIAL DISPOSAL AREAS.

3 (a) FEDERAL SHARE.—Section 101(b) of the Water

4 Resources Development Act of 1986 (33 U.S.C. 2211(b))

5 is amended—

6 (1) by inserting ‘‘(1) IN GENERAL.—’’ before

7 ‘‘The Federal share’’;

8 (2) by indenting and moving paragraph (1), as

9 so designated, 2 ems to the right; and

10 (3) by adding at the end the following:

11 ‘‘(2) CONFINED DISPOSAL FACILITIES.—The

12 Federal share of the cost of project features that are

13 necessary for the creation of dredged material dis14 posal areas, including capping, retaining dikes, bulk15 heads, embankments, and associated structures,

16 shall be determined in accordance with subsection

17 (a)(1).’’.

18 (b) CONFORMING AMENDMENTS.—Section 101 of

19 such Act (33 U.S.C. 2211) is amended—

20 (1) in the second sentence of subsection

21 (a)(2)—

22 (A) by inserting ‘‘and’’ after ‘‘rights-of23 way,’’; and

24 (B) by striking ‘‘, and dredged material

25 disposal areas’’;

26 (2) in subsection (a)(3)—
81

•HR 4460 EH

1 (A) by inserting ‘‘and’’ after ‘‘rights-of2 way,’’; and

3 (B) by striking ‘‘, and dredged material

4 disposal areas’’ and inserting ‘‘, including those

5 required for dredged material disposal areas,’’;

6 and

7 (3) in subsection (e)(1) by striking ‘‘, and to

8 provide dredged material disposal areas’’.

9 (c) APPLICABILITY.—The amendments made by sub10 sections (a) and (b) shall apply to construction of dredged

11 material disposal areas for which a contract for construc12 tion has not been awarded before the date of the enact13 ment of this Act. The Secretary may amend any coopera14 tion agreement entered into before such date of enactment

15 that does not provide for a Federal share of project costs

16 of dredged material disposal areas as determined in ac17 cordance with such amendments if the non-Federal inter18 est agrees to the amendment of the contract.

19 SEC. 222. LOSS OF LIFE PREVENTION.

20 Section 904 of the Water Resources Development Act

21 of 1986 (33 U.S.C. 2281) is amended by inserting ‘‘in22 cluding the loss of life which may be associated with flood23 ing and coastal storm events,’’ after ‘‘costs,’’.
82

•HR 4460 EH

1 SEC. 223. SENSE OF CONGRESS; REQUIREMENT REGARD2 ING NOTICE.

3 (a) PURCHASE OF AMERICAN-MADE EQUIPMENT

4 AND PRODUCTS.—It is the sense of Congress that, to the

5 greatest extent practicable, all equipment and products

6 purchased with funds made available under this Act

7 should be American-made.

8 (b) NOTICE TO RECIPIENTS OF ASSISTANCE.—In

9 providing financial assistance under this Act, the Sec10 retary, to the greatest extent practicable, shall provide to

11 each recipient of the assistance a notice describing the

12 statement made in subsection (a).

13 SEC. 224. RESERVOIR MANAGEMENT TECHNICAL ADVISORY

14 COMMITTEE.

15 Section 310 of the Water Resources Development Act

16 of 1990 (33 U.S.C. 2319; 104 Stat. 4639) is amended—

17 (1) by striking subsection (a); and

18 (2) by striking ‘‘(b) PUBLIC PARTICIPA19 TION.—’’.

20 SEC. 225. TECHNICAL CORRECTIONS.

21 (a) SECTION 203 OF 1992 ACT.—Section 203(b) of

22 the Water Resources Development Act of 1992 (106 Stat.

23 4826) is amended by striking ‘‘(8662)’’ and inserting

24 ‘‘(8862)’’.

25 (b) SECTION 225 OF 1992 ACT.—Section 225(c) of

26 the Water Resources Development Act of 1992 (106 Stat.
83

•HR 4460 EH

1 4838) is amended by striking ‘‘(8662)’’ in the second sen2 tence and inserting ‘‘(8862)’’.

3 TITLE III—MISCELLANEOUS

4 PROVISIONS

5 SEC. 301. WATERSHED MANAGEMENT, RESTORATION, AND

6 DEVELOPMENT.

7 (a) IN GENERAL.—The Secretary is authorized to

8 provide technical, planning, and design assistance to non9 Federal interests for carrying out watershed management,

10 restoration, and development projects at the locations de11 scribed in subsection (d).

12 (b) SPECIFIC MEASURES.—Projects carried out pur13 suant to subsection (a) may include the following pur14 poses:

15 (1) Management and restoration of water qual16 ity.

17 (2) Control and remediation of toxic sediments.

18 (3) Restoration of degraded streams, rivers,

19 wetlands, and other waterbodies to their natural

20 state as a means to control flooding, excessive ero21 sion, and sedimentation.

22 (4) Protection and restoration of watersheds,

23 including urban watersheds.

24 (c) NON-FEDERAL SHARE.—The non-Federal share

25 of the cost of a project for which assistance is provided
84

•HR 4460 EH

1 under this section shall be 50 percent. The non-Federal

2 share shall be subject to the ability of the non-Federal in3 terest to pay, including application of the procedures and

4 regulations relating to ability to pay established under sec5 tion 103(m) of the Water Resources Development Act of

6 1986.

7 (d) PROJECT LOCATIONS.—The Secretary may pro8 vide assistance under subsection (a) for projects at the fol9 lowing locations:

10 (1) Colusa basin, California.

11 (2) Los Angeles River basin, California.

12 (3) Russian River watershed, California.

13 (4) Sacramento River watershed, California.

14 (5) Nancy Creek, Utoy Creek, and North

15 Peachtree Creek and South Peachtree Creek basin,

16 Georgia.

17 (6) Morgan, Floyd, Pulaski, Wayne, Laurel,

18 Knox, Pike, Menifee, Perry, Harlan, Breathitt, Mar19 tin, Jackson, Wolfe, Clay, Magoffin, Owsley, John20 son, Leslie, Lawrence, Knott, Bell, McCreary,

21 Rockcastle, Whitley, Lee, and Letcher Counties,

22 Kentucky.

23 (7) Lower Platte River watershed, Nebraska.

24 (8) Upper Potomac River watershed, Grant and

25 Mineral Counties, West Virginia.
85

•HR 4460 EH

1 (e) AUTHORIZATION OF APPROPRIATIONS.—There is

2 authorized to be appropriated to carry out this section

3 $50,000,000 for fiscal years beginning after September

4 30, 1994. Such sums shall remain available until ex5 pended.

6 SEC. 302. LAKES PROGRAM.

7 Section 602(a) of the Water Resources Development

8 Act of 1986 (100 Stat. 4148–4149) is amended—

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

10 (10);

11 (2) by striking the period at the end of para12 graph (11) and inserting a semicolon; and

13 (3) by adding at the end the following:

14 ‘‘(12) Oneida Lake, Oneida County, New York,

15 removal of silt and aquatic growth;

16 ‘‘(13) Skaneateles and Owasco Lakes, New

17 York, removal of silt and aquatic growth and preven18 tion of sediment deposit; and

19 ‘‘(14) Twin Lakes, Paris, Illinois, removal of

20 silt and excess aquatic vegetation, including meas21 ures to address excessive sedimentation, high nutri22 ent concentration, and shoreline erosion.’’.
86

•HR 4460 EH

1 SEC. 303. ENVIRONMENTAL INFRASTRUCTURE.

2 Section 219(d) of the Water Resources Development

3 Act of 1992 (106 Stat. 4836) is amended by striking

4 ‘‘$5,000,000’’ and inserting ‘‘$50,000,000’’.

5 SEC. 304. ENVIRONMENTAL DREDGING.

6 Section 312 of the Water Resources Development Act

7 of 1990 (104 Stat. 4639–4640) is amended—

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

9 inserting ‘‘and remediate’’ after ‘‘remove’’ each place

10 it appears;

11 (2) in subsection (b)(1) by inserting ‘‘and reme12 diation’’ after ‘‘removal’’ each place it appears;

13 (3) in subsection (b)(2) by striking

14 ‘‘$10,000,000’’ and inserting ‘‘$50,000,000’’; and

15 (4) by striking subsection (f).

16 SEC. 305. CHESAPEAKE BAY RESTORATION AND PROTEC17 TION PROGRAM.

18 (a) ESTABLISHMENT.—

19 (1) IN GENERAL.—The Secretary shall establish

20 a pilot program to provide assistance to non-Federal

21 interests in the Chesapeake Bay watershed.

22 (2) FORM.—The assistance shall be in the form

23 of technical, planning, and design assistance for

24 water-related environmental infrastructure and re25 source protection and development projects affecting

26 the Chesapeake Bay, including projects for sediment
87

•HR 4460 EH

1 and erosion control, protection of eroding shorelines,

2 protection of essential public works, waste water

3 treatment and related facilities, water supply and re4 lated facilities, and beneficial uses of dredged mate5 rial, and other related projects.

6 (b) PUBLIC OWNERSHIP REQUIREMENT.—The Sec7 retary may provide assistance for a project under this sec8 tion only if the project is publicly owned, and will be pub9 licly operated and maintained.

10 (c) LOCAL COOPERATION AGREEMENT.—

11 (1) IN GENERAL.—Before providing assistance

12 under this section, the Secretary shall enter into a

13 local cooperation agreement pursuant to section 221

14 of the Flood Control Act of 1970 (84 Stat. 1818)

15 with a non-Federal interest to provide for technical,

16 planning, and design assistance for the project.

17 (2) REQUIREMENTS.—Each local cooperation

18 agreement entered into under this subsection shall

19 provide for the following:

20 (A) PLAN.—Development by the Secretary,

21 in consultation with appropriate Federal, State,

22 and local officials, of a plan, including appro23 priate engineering plans and specifications and

24 an estimate of expected benefits.
88

•HR 4460 EH

1 (B) LEGAL AND INSTITUTIONAL STRUC2 TURES.—Establishment of such legal and insti3 tutional structures as are necessary to ensure

4 the effective long-term operation and mainte5 nance of the project by the non-Federal inter6 est.

7 (d) APPLICABILITY OF OTHER FEDERAL AND STATE

8 LAWS AND AGREEMENTS.—

9 (1) IN GENERAL.—Nothing in this section

10 waives, limits, or otherwise affects the applicability

11 of any provision of Federal or State law that would

12 otherwise apply to a project carried out with assist13 ance provided under this section.

14 (2) COOPERATION.—In carrying out this sec15 tion, the Secretary shall cooperate with the heads of

16 appropriate Federal agencies.

17 (e) REPORT.—Not later than December 31, 1998, the

18 Secretary shall transmit to Congress a report on the re19 sults of the program carried out under this section, to20 gether with a recommendation concerning whether or not

21 the program should be implemented on a national basis.

22 (f) AUTHORIZATION OF APPROPRIATIONS.—There

23 are authorized to be appropriated to carry out this section

24 $10,000,000 for fiscal year 1995. Such sums shall remain

25 available until expended.
89

•HR 4460 EH

1 SEC. 306. SAINT LAWRENCE SEAWAY COLLECTION OF

2 TOLLS.

3 Section 13 of the Act of May 13, 1954 (33 U.S.C.

4 988a) is amended to read as follows:

5 ‘‘SEC. 13. WAIVER OF COLLECTION OF CHARGES AND

6 TOLLS.

7 ‘‘(a) WAIVER.—Notwithstanding section 12 or any

8 other provision of law, the Corporation shall not collect

9 any charge or toll established pursuant to section 12 with

10 respect to a commercial vessel (as defined by section

11 4462(a)(4) of the Internal Revenue Code of 1986).

12 ‘‘(b) RECORD.—The Corporation shall maintain a

13 record of the annual amount of each charge or toll that

14 would have been collected with respect to a commercial

15 vessel described in subsection (a) but for the requirement

16 of subsection (a).’’.

17 SEC. 307. RIVER BASIN PLAN FOR LOWER MISSISSIPPI.

18 (a) DEVELOPMENT.—The Secretary shall develop a

19 comprehensive river basin management plan that address20 es the long-term ecological, economic, and flood control

21 needs of the basin of the Lower Mississippi River system.

22 (b) AUTHORIZATION OF APPROPRIATIONS.—There is

23 authorized to be appropriated to carry out this section

24 $5,000,000 for fiscal years beginning after September 30,

25 1994. Such sums shall remain available until expended.
90

•HR 4460 EH

1 SEC. 308. EXTENSION OF JURISDICTION OF MISSISSIPPI

2 RIVER COMMISSION.

3 The jurisdiction of the Mississippi River Commission,

4 established by the Act of June 29, 1879 (33 U.S.C. 641),

5 is extended to include all of the area between the eastern

6 side of the Bayou Lafourche Ridge from Donaldsonville,

7 Louisiana, to the Gulf of Mexico and the west guide levee

8 of the Mississippi River from Donaldsonville, Louisiana,

9 to the Gulf of Mexico.

10 SEC. 309. GREAT LAKES DREDGED MATERIAL TESTING AND

11 EVALUATION MANUAL.

12 The Secretary, in cooperation with the Administrator

13 of the Environmental Protection Agency, shall provide

14 technical assistance to non-Federal interests on testing

15 procedures contained in the Great Lakes Dredged Mate16 rial Testing and Evaluation Manual developed pursuant

17 to section 230.2(c) of title 40, Code of Federal Regula18 tions.

19 SEC. 310. GREAT LAKES SEDIMENT REDUCTION.

20 (a) GREAT LAKES TRIBUTARY SEDIMENT TRANS21 PORT MODEL.—For each major river system or set of

22 major river systems depositing sediment into a Great

23 Lakes federally authorized commercial harbor, channel

24 maintenance project site, or Area of Concern, the Sec25 retary, in consultation and coordination with the Great
91

•HR 4460 EH

1 Lakes States, shall develop a tributary sediment transport

2 model.

3 (b) REQUIREMENTS FOR MODELS.—In developing a

4 tributary sediment transport model under this section, the

5 Secretary shall—

6 (1) build upon data and monitoring infrastruc7 ture generated in earlier studies and programs of

8 the Great Lakes and their tributaries; and

9 (2) complete models for 30 major river systems

10 within the 5-year period beginning on the date of the

11 enactment of this Act.

12 SEC. 311. CONFINED DISPOSAL FACILITIES.

13 (a) ASSESSMENT.—The Secretary shall conduct an

14 assessment of the general conditions of confined disposal

15 facilities in the Great Lakes.

16 (b) REPORT.—Not later than 3 years after the date

17 of the enactment of this Act, the Secretary shall transmit

18 to Congress a report on the results of the assessment con19 ducted under subsection (a), including the following:

20 (1) A description of the cumulative effects of

21 confined disposal facilities in the Great Lakes.

22 (2) Recommendations for specific remediation

23 actions for each confined disposal facility in the

24 Great Lakes.
92

•HR 4460 EH

1 (3) An evaluation of, and recommendations for,

2 confined disposal facility management practices and

3 technologies to conserve capacity at such facilities

4 and to minimize adverse environmental effects at

5 such facilities throughout the Great Lakes system.

6 SEC. 312. ALTERNATIVE TO ANNUAL PASSES.

7 (a) IN GENERAL.—The Secretary shall carry out a

8 project to evaluate the feasibility of implementing an alter9 native to the $25 annual pass that the Secretary currently

10 offers to users of recreation facilities at water resources

11 projects of the Corps of Engineers.

12 (b) ANNUAL PASS.—The project to be carried out

13 under this section shall include the establishment of an

14 annual pass which costs $10 or less for the use of recre15 ation facilities at Raystown Lake, Pennsylvania.

16 (c) REPORT.—Not later than December 31, 1997, the

17 Secretary shall transmit to Congress a report on the re18 sults of the project carried out under this section, together

19 with recommendations concerning whether annual passes

20 for individual projects should be offered on a nationwide

21 basis.

22 SEC. 313. RECREATION PARTNERSHIP INITIATIVE.

23 (a) IN GENERAL.—The Secretary shall promote Fed24 eral, non-Federal, and private sector cooperation in creat25 ing public recreation opportunities and developing the nec-
93

•HR 4460 EH

1 essary supporting infrastructure at water resources

2 projects of the Corps of Engineers.

3 (b) INFRASTRUCTURE IMPROVEMENTS.—

4 (1) RECREATION INFRASTRUCTURE IMPROVE5 MENTS.—In demonstrating the feasibility of the

6 public-private cooperative, the Secretary shall pro7 vide, at Federal expense, such infrastructure im8 provements as are necessary to support a potential

9 private recreational development at the Raystown

10 Lake Project, Pennsylvania, generally in accordance

11 with the Master Plan Update (1994) for the project.

12 (2) AGREEMENT.—The Secretary shall enter

13 into an agreement with an appropriate non-Federal

14 public entity to ensure that the infrastructure im15 provements constructed by the Secretary on non16 project lands pursuant to paragraph (1) are trans17 ferred to and operated and maintained by the non18 Federal public entity.

19 (3) AUTHORIZATION OF APPROPRIATIONS.—

20 There is authorized to be appropriated to carry out

21 this subsection $4,500,000 for fiscal years beginning

22 after September 30, 1994. Such sums shall remain

23 available until expended.

24 (c) REPORT.—Not later than December 31, 1997, the

25 Secretary shall transmit to Congress a report on the re-
94

•HR 4460 EH

1 sults of the cooperative efforts carried out under this sec2 tion, including the improvements required by subsection

3 (b).

4 SEC. 314. WATER QUALITY PROJECTS.

5 Section 307(d) of the Water Resources Development

6 Act of 1992 (106 Stat. 4841) is amended by striking

7 ‘‘$70,000,000’’ and inserting ‘‘$100,000,000’’.

8 SEC. 315. NEW ENGLAND DIVISION HEADQUARTERS FACIL9 ITY.

10 (a) GENERAL AUTHORITY.—The Secretary may use

11 Plant Replacement and Improvement Program funds to

12 design and construct a new headquarters facility for the

13 New England Division of the United States Army Corps

14 of Engineers.

15 (b) AUTHORIZATION OF APPROPRIATIONS.—There is

16 authorized to be appropriated for fiscal years beginning

17 after September 30, 1994, $30,000,000 to carry out this

18 section.

19 SEC. 316. QUARANTINE FACILITY.

20 Section 108(c) of the Water Resources Development

21 Act of 1992 (106 Stat. 4816) is amended by striking

22 ‘‘$1,000,000’’ and inserting ‘‘$4,000,000’’.
95

•HR 4460 EH

1 SEC. 317. BENTON AND WASHINGTON COUNTIES, ARKAN2 SAS.

3 Section 220 of the Water Resources Development Act

4 of 1992 (106 Stat. 4836–4837) is amended by adding at

5 the end the following new subsection:

6 ‘‘(c) USE OF FEDERAL FUNDS.—The Secretary may

7 make available to the non-Federal interests funds not to

8 exceed an amount equal to the Federal share of the total

9 project cost to be used by the non-Federal interests to un10 dertake the work directly or by contract.’’.

11 SEC. 318. CALAVERAS COUNTY, CALIFORNIA.

12 The Secretary, in cooperation with Federal, State,

13 and local agencies, is authorized—

14 (1) to conduct investigations and surveys of the

15 watershed of the Lower Mokelume River in

16 Calaveras County, California; and

17 (2) to provide technical, planning, and design

18 assistance for abatement and mitigation of degrada19 tion caused by abandoned mines and mining activity

20 in the vicinity of such river.

21 SEC. 319. LAKE ELSINORE, CALIFORNIA.

22 (a) MAXIMUM ALLOTMENT.—The maximum amount

23 which may be allotted under section 205 of the Flood Con24 trol Act of 1948 (33 U.S.C. 701s) for the project for flood

25 control, Lake Elsinore, Riverside County, California, shall

26 be $7,500,000 instead of $5,000,000.
96

•HR 4460 EH

1 (b) REVISION OF LOCAL COOPERATION AGREE2 MENT.—The Secretary shall revise the local cooperation

3 agreement for the project referred to in subsection (a) in

4 order to take into account the increase in the Federal par5 ticipation in such project pursuant to subsection (a).

6 (c) COST SHARING.—Nothing in this section shall be

7 construed to affect any cost-sharing requirement applica8 ble to the project referred to in subsection (a) under the

9 Water Resources Development Act of 1986.

10 SEC. 320. BENEFICIAL USE OF DREDGED MATERIAL, MON11 TEZUMA, CALIFORNIA.

12 The Secretary shall carry out a project for the bene13 ficial use of dredged material at Montezuma, California,

14 pursuant to section 204 of the Water Resources Develop15 ment Act of 1992.

16 SEC. 321. PRADO DAM SAFETY IMPROVEMENTS.

17 The Secretary, in coordination with the State of Cali18 fornia, shall provide technical assistance to Orange Coun19 ty, California, in developing appropriate public safety and

20 access improvements associated with that portion of Cali21 fornia State Route 71 being relocated for the Prado Dam

22 feature of the project authorized as part of the project

23 for flood control, Santa Ana River Mainstem, California,

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

25 Act of 1986 (100 Stat. 4113).
97

•HR 4460 EH

1 SEC. 322. SAN JOSE, CALIFORNIA.

2 (a) IN GENERAL.—The Secretary shall transfer

3 funds appropriated to carry out this section to the Admin4 istrator of the Environmental Protection Agency for mak5 ing grants to the city of San Jose, California, and the

6 Santa Clara Valley Water District, San Jose, California,

7 to promote and implement the use of treated waste water

8 for critical water supply purposes and for the protection

9 of San Francisco Bay.

10 (b) PURPOSES OF ASSISTANCE.—Assistance may be

11 provided under this section for projects for the planning,

12 design, and construction of facilities to reuse waste water

13 in the San Jose area, including necessary distribution fa14 cilities. Design and construction of such projects shall be

15 carried out by non-Federal interests.

16 (c) APPROVAL OF PLANS.—Upon approval of nec17 essary plans and specifications, the Administrator is au18 thorized to make grants under this section in accordance

19 with the existing grant procedures of the Environmental

20 Protection Agency.

21 (d) TRANSFER OF FUNDS.—The transfer of funds

22 under subsection (a) shall occur pursuant to a memoran23 dum of agreement between the Secretary and the Adminis24 trator. Such memorandum of agreement shall be entered

25 into on or before the 60th day after the date upon which
98

•HR 4460 EH

1 funds are made available to the Secretary to carry out this

2 section.

3 (e) COST SHARING.—The Federal share of the cost

4 of a project carried out under this section shall be 55 per5 cent. Other Federal funds may be contributed to the

6 project, and the non-Federal sponsors shall receive credit

7 for lands, easements, rights-of-way, and relocations to8 ward its share of project costs. Operation and mainte9 nance costs shall be 100 percent non-Federal.

10 (f) AUTHORIZATION OF APPROPRIATIONS.—There is

11 authorized to be appropriated to the Secretary to carry

12 out this section $71,500,000. Such sums shall remain

13 available until expended and shall be in addition to and

14 not in lieu of any other amounts authorized to be appro15 priated under any other Act, including title II of the Fed16 eral Water Pollution Control Act.

17 SEC. 323. TAMPA, FLORIDA.

18 The Secretary may enter into a cooperative agree19 ment under section 218 of this Act with the Museum of

20 Science and Industry, Tampa, Florida, to provide tech21 nical, planning, and design assistance to demonstrate the

22 water quality functions found in wetlands, at an estimated

23 total Federal cost of $500,000.
99

•HR 4460 EH

1 SEC. 324. KANKAKEE RIVER BASIN, ILLINOIS.

2 (a) MASTER PLAN.—Not later than 1 year after the

3 date of the enactment of this Act, the Secretary, in co4 operation with other interested Federal, State, and local

5 agencies and private citizens, shall study, and prepare a

6 comprehensive master plan for the management of, the

7 Kankakee River Basin, Illinois. The study shall focus pri8 marily on basinwide management methods for flood dam9 age reduction, environmental enhancement, and erosion

10 control and may evaluate water quality, land use manage11 ment, and other related topics.

12 (b) FEASIBILITY REPORT.—Not later than 30

13 months after the date of completion of the study and plan

14 under subsection (a), the Secretary shall prepare, in ac15 cordance with section 905 of the Water Resources Devel16 opment Act of 1986 (33 U.S.C. 2282), a feasibility report

17 concerning the measures described in the plan.

18 (c) AUTHORIZATION OF APPROPRIATIONS.—There

19 are authorized to be appropriated $500,000 for the study

20 and preparation of the plan required under subsection (a)

21 and such sums as may be necessary to prepare the feasibil22 ity report required under subsection (b).

23 SEC. 325. WATERSHED MANAGEMENT PLAN FOR DEEP

24 RIVER BASIN, INDIANA.

25 (a) DEVELOPMENT.—The Secretary, in consultation

26 with the Soil Conservation Service of the Department of
100

•HR 4460 EH

1 Agriculture, shall develop a watershed management plan

2 for the Deep River Basin, Indiana, which includes Deep

3 River, Lake George, Turkey Creek, and other related trib4 utaries in Indiana.

5 (b) CONTENTS.—The plan to be developed by the

6 Secretary under subsection (a) shall address specific con7 cerns related to the Deep River Basin area, including sedi8 ment flow into Deep River, Turkey Creek, and other tribu9 taries; control of sediment quality in Lake George; flood10 ing problems; the safety of the Lake George Dam; and

11 watershed management.

12 SEC. 326. RESTORATION PROJECTS FOR MARYLAND, PENN13 SYLVANIA, WEST VIRGINIA, AND KENTUCKY.

14 The Secretary, in cooperation with Federal, State,

15 and local agencies, is authorized—

16 (1) to conduct investigations and surveys of the

17 watersheds of the North Branch of the Potomac

18 River, Maryland, Pennsylvania, and West Virginia;

19 New River, West Virginia; and Pond Creek, Ken20 tucky; and

21 (2) to provide technical, planning, and design

22 assistance for abatement and mitigation of surface

23 water quality degradation caused by abandoned

24 mines and mining activity in the vicinity of such riv25 ers and creek.
101

•HR 4460 EH

1 SEC. 327. BENEFICIAL USE OF DREDGED MATERIAL, POP2 LAR ISLAND, MARYLAND.

3 The Secretary shall carry out a project for the bene4 ficial use of dredged material at Poplar Island, Maryland,

5 pursuant to section 204 of the Water Resources Develop6 ment Act of 1992.

7 SEC. 328. EROSION CONTROL MEASURES, SMITH ISLAND,

8 MARYLAND.

9 (a) IN GENERAL.—The Secretary shall implement

10 erosion control measures in the vicinity of Rhodes Point,

11 Smith Island, Maryland, at an estimated total Federal

12 cost of $450,000.

13 (b) IMPLEMENTATION ON EMERGENCY BASIS.—The

14 project under subsection (a) shall be carried out on an

15 emergency basis in view of the national, historic, and cul16 tural value of the island and in order to protect the Fed17 eral investment in infrastructure facilities.

18 (c) COST SHARING.—Cost sharing applicable to hur19 ricane and storm damage reduction shall be applicable to

20 the project to be carried out under subsection (a).

21 SEC. 329. BENEFICIAL USE OF DREDGED MATERIAL,

22 WORTON POINT, KENT COUNTY, MARYLAND.

23 The Secretary shall carry out a project for the bene24 ficial use of dredged material at Worton Point, Kent

25 County, Maryland, pursuant to section 204 of the Water

26 Resources Development Act of 1992.
102

•HR 4460 EH

1 SEC. 330. MASSACHUSETTS COASTAL SALTMARSH RES2 TORATION AUTHORIZATION.

3 Subject to the cost sharing provisions of the Water

4 Resources Development Act of 1986, the Secretary shall,

5 as part of the long-term goal of Corps of Engineers water

6 resources development program of increasing the quality

7 and quantity of the Nation’s wetlands, investigate and

8 carry out saltmarsh restoration projects along the coast9 line of Massachusetts.

10 SEC. 331. BOSTON, MASSACHUSETTS, ALTERNATIVE TECH11 NOLOGY PROJECT.

12 (a) PROJECT AUTHORIZATION.—The Secretary shall

13 develop and implement alternative methods for disposal of

14 contaminated dredged material at the Port of Boston,

15 Boston, Massachusetts, using innovative and environ16 mental technologies, including thermal remediation.

17 (b) AUTHORIZATION OF APPROPRIATIONS.—There is

18 authorized to be appropriated for fiscal years beginning

19 after September 30, 1994, to carry out this section

20 $2,000,000. Such sums shall remain available until ex21 pended.

22 SEC. 332. LAKE ST. CLAIRE, MICHIGAN.

23 The Secretary shall carry out a program to control

24 aquatic plants in Lake St. Claire, Michigan, under section

25 104(b) of the River and Harbor Act of 1958 (33 U.S.C.

26 610(b)).
103

•HR 4460 EH

1 SEC. 333. DULUTH, MINNESOTA, ALTERNATIVE TECH2 NOLOGY PROJECT.

3 (a) PROJECT AUTHORIZATION.—The Secretary shall

4 develop and implement alternative methods for decon5 tamination and disposal of contaminated dredged material

6 at the Port of Duluth, Minnesota.

7 (b) AUTHORIZATION OF APPROPRIATIONS.—There is

8 authorized to be appropriated for fiscal years beginning

9 after September 30, 1994, to carry out this section

10 $1,000,000. Such sums shall remain available until ex11 pended.

12 SEC. 334. ST. JOHN’S BAYOU—NEW MADRID FLOODWAY.

13 The Secretary is directed to review the project for

14 flood control, St. John’s Bayou and New Madrid

15 Floodway, Missouri, authorized by section 401(a) of the

16 Water Resources Development Act of 1986 (100 Stat.

17 4118), to determine the ability of the non-Federal inter18 ests to pay the project costs, including operation and

19 maintenance costs, in accordance with section 103(m) of

20 the Water Resources Development Act of 1986 (33 U.S.C.

21 2213(m)) and in light of locally prevailing conditions

22 which would limit the ability of local interests to partici23 pate as non-Federal project sponsors in accordance with

24 established cost-sharing formulas.
104

•HR 4460 EH

1 SEC. 335. DURHAM, NEW HAMPSHIRE.

2 The Secretary may enter into a cooperative agree3 ment under section 218 of this Act with the University

4 of New Hampshire to provide technical assistance for a

5 water treatment technology center addressing the needs

6 of small communities.

7 SEC. 336. NEW YORK BIGHT AND HARBOR STUDY.

8 Section 326(f) of the Water Resources Development

9 Act of 1992 (106 Stat. 4851) is amended by striking

10 ‘‘$1,000,000’’ and inserting ‘‘$10,000,000’’.

11 SEC. 337. NEW YORK STATE CANAL SYSTEM.

12 (a) IN GENERAL.—The Secretary is authorized to

13 make capital improvements to the New York State Canal

14 System.

15 (b) AGREEMENTS.—The Secretary shall, with the

16 consent of appropriate local and State entities, enter into

17 such arrangements, contracts, and leases with public and

18 private entities as may be necessary for the purposes of

19 rehabilitation, renovation, preservation, and maintenance

20 of the New York State Canal System and its related facili21 ties, including trailside facilities and other recreational

22 projects along the waterways of the canal system.

23 (c) NEW YORK STATE CANAL SYSTEM DEFINED.—

24 In this section, the term ‘‘New York State Canal System’’

25 means the Erie, Oswego, Champlain, and Cayuga-Seneca

26 Canals.
105

•HR 4460 EH

1 (d) FEDERAL SHARE.—The Federal share of the cost

2 of capital improvements under this section shall be 50 per3 cent.

4 (e) AUTHORIZATION OF APPROPRIATIONS.—There is

5 authorized to be appropriated to carry out this section

6 $5,000,000 for fiscal years beginning after September 30,

7 1994. Such sums shall remain available until expended.

8 SEC. 338. NEW YORK CITY WATERSHED.

9 (a) ESTABLISHMENT.—

10 (1) IN GENERAL.—The Secretary shall establish

11 a program for providing environmental assistance to

12 non-Federal interests in the New York City Water13 shed.

14 (2) FORM.—Assistance provided under this sec15 tion may be in the form of design and construction

16 assistance for water-related environmental infra17 structure and resource protection and development

18 projects in the New York City Watershed, including

19 projects for water supply, storage, treatment, and

20 distribution facilities, and surface water resource

21 protection and development.

22 (b) PUBLIC OWNERSHIP REQUIREMENT.—The Sec23 retary may provide assistance for a project under this sec24 tion only if the project is publicly owned.

25 (c) ELIGIBLE PROJECTS.—
106

•HR 4460 EH

1 (1) CERTIFICATION.—A project shall be eligible

2 for financial assistance under this section only if the

3 State director for the project certifies to the Sec4 retary that the project will contribute to the protec5 tion and enhancement of the quality or quantity of

6 the New York City water supply.

7 (2) SPECIAL CONSIDERATION.—In certifying

8 projects to the Secretary, the State director shall

9 give special consideration to those projects imple10 menting plans, agreements, and measures which pre11 serve and enhance the economic and social character

12 of the watershed communities.

13 (3) PROJECT DESCRIPTIONS.—Projects eligible

14 for assistance under this section shall include the

15 following:

16 (A) Implementation of intergovernmental

17 agreements for coordinating regulatory and

18 management responsibilities.

19 (B) Acceleration of whole farm planning to

20 implement best management practices to main21 tain or enhance water quality and to promote

22 agricultural land use.

23 (C) Acceleration of whole community plan24 ning to promote intergovernmental cooperation

25 in the regulation and management of activities
107

•HR 4460 EH

1 consistent with the goal of maintaining or en2 hancing water quality.

3 (D) Natural resources stewardship on pub4 lic and private lands to promote land uses that

5 preserve and enhance the economic and social

6 character of the watershed communities and

7 protect and enhance water quality.

8 (d) LOCAL COOPERATION AGREEMENTS.—Before

9 providing assistance under this section, the Secretary shall

10 enter into a cooperative agreement with the State director

11 for the project to be carried out with such assistance.

12 (e) COST SHARING.—

13 (1) IN GENERAL.—Total project costs under

14 each local cooperation agreement entered into under

15 this section shall be shared at 75 percent Federal

16 and 25 percent non-Federal. The non-Federal inter17 est shall receive credit for the reasonable costs of de18 sign work completed by such interest prior to enter19 ing into a local cooperation agreement with the Sec20 retary for a project. The Federal share may be in

21 the form of grants or reimbursements of project

22 costs.

23 (2) INTEREST.—In the event of delays in the

24 reimbursement of the non-Federal share of a

25 project, the non-Federal interest shall receive credit
108

•HR 4460 EH

1 for reasonable interest to provide the non-Federal

2 share of a project’s cost.

3 (3) LANDS, EASEMENTS, AND RIGHTS-OF-WAY

4 CREDIT.—The non-Federal interest shall receive

5 credit for lands, easements, rights-of-way, and relo6 cations toward its share of project costs, including

7 direct costs associated with obtaining permits nec8 essary for the placement of such project on public

9 owned or controlled lands, but not to exceed 25 per10 cent of total project costs.

11 (4) OPERATION AND MAINTENANCE.—Oper12 ation and maintenance costs for projects constructed

13 with assistance provided under this section shall be

14 100 percent non-Federal.

15 (f) APPLICABILITY OF OTHER FEDERAL AND STATE

16 LAWS.—Nothing in this section shall be construed to

17 waive, limit, or otherwise affect the applicability of any

18 provision of Federal or State law that would otherwise

19 apply to a project carried out with assistance provided

20 under this section.

21 (g) REPORT.—Not later than December 31, 2000,

22 the Secretary shall transmit to Congress a report on the

23 results of the program carried out under this section, to24 gether with recommendations concerning whether such

25 program should be implemented on a national basis.
109

•HR 4460 EH

1 (h) NEW YORK CITY WATERSHED DEFINED.—For

2 purposes of this section, the term ‘‘New York City Water3 shed’’ means the land area within the counties of Dela4 ware, Greene, Schoharie, Ulster, Sullivan, Westchester,

5 Putnam, and Duchess which contributes water to the

6 water supply system of New York City.

7 (i) AUTHORIZATION OF APPROPRIATIONS.—There is

8 authorized to be appropriated to carry out this section

9 $10,000,000 for fiscal years beginning after September

10 30, 1994.

11 SEC. 339. NORTHEASTERN OHIO.

12 The Secretary is authorized to provide technical as13 sistance to local interests for planning the establishment

14 of a regional water authority in northeastern Ohio to ad15 dress the water problems of the region. The Federal share

16 of the costs of such planning shall not exceed 75 percent.

17 SEC. 340. OHIO RIVER.

18 (a) CENTER FOR ENVIRONMENTAL STUDIES FOR

19 LARGE RIVERS.—The Secretary shall establish a Center

20 for Environmental Studies of Large Rivers at Jefferson

21 Technical College, Ohio.

22 (b) STUDY.—

23 (1) COOPERATIVE AGREEMENT.—The Secretary

24 shall enter into a cooperative agreement with the

25 Ohio River Valley Water Sanitation Commission to
110

•HR 4460 EH

1 develop the necessary methodologies to make im2 provements in, and assess the environmental health

3 of, the Ohio River.

4 (2) REPORT.—Not later than December 31,

5 1996, the Secretary shall submit a report to Con6 gress on the results of the study conducted under

7 paragraph (1), together with recommendations on

8 reducing and eliminating pollution in the Ohio River.

9 (c) AUTHORIZATION OF APPROPRIATIONS.—There is

10 authorized to be appropriated for fiscal years beginning

11 after September 30, 1994, $2,000,000 to carry out sub12 section (a) and $1,000,000 to carry out subsection (b).

13 SEC. 341. REMOVAL OR REMEDIATION OF CONTAMINATED

14 SEDIMENTS, MAHONING RIVER, OHIO AND

15 PENNSYLVANIA.

16 The Secretary shall remove or remediate contami17 nated sediments from the Mahoning River, Northeast

18 Ohio and Western Pennsylvania, pursuant to section 312

19 of the Water Resources Development Act of 1990 (33

20 U.S.C. 1252 note).

21 SEC. 342. COLUMBIA RIVER BASIN, OREGON.

22 The costs of measures undertaken to mitigate the ad23 verse effects on fish and wildlife of water resources

24 projects constructed by the Secretary within the McKenzie

25 River Sub-Basin within the Columbia River Basin, Or-
111

•HR 4460 EH

1 egon, shall be allocated as provided in section 906 of the

2 Water Resources Development Act of 1986 (33 U.S.C.

3 2283).

4 SEC. 343. SOUTH CENTRAL PENNSYLVANIA.

5 (a) IN GENERAL.—Section 313 of the Water Re6 sources Development Act of 1992 (106 Stat. 4845–4847)

7 is amended—

8 (1) in the heading to subsection (c) by striking

9 ‘‘WITH SARCD COUNCIL’’;

10 (2) in subsection (c) by inserting ‘‘with State,

11 regional, and local officials, including, where applica12 ble,’’ after ‘‘consult’’;

13 (3) in subsection (d)(2)(A) by inserting ‘‘,

14 where applicable,’’ after ‘‘Council’’;

15 (4) in subsection (g)(1) by striking

16 ‘‘$17,000,000’’ and inserting ‘‘$50,000,000’’; and

17 (5) in subsection (h)(2) by striking ‘‘Bedford,

18 Blair, Cambria, Fulton, Huntingdon, and Somerset’’

19 and inserting ‘‘Armstrong, Bedford, Blair, Cambria,

20 Clearfield, Fayette, Franklin, Fulton, Huntingdon,

21 Indiana, Juniata, Mifflin, Somerset, Snyder, and

22 Westmoreland’’.

23 (b) COST SHARING.—Section 313(d)(3) of the Water

24 Resources Development Act of 1992 (106 Stat. 4846) is

25 amended to read as follows:
112

•HR 4460 EH

1 ‘‘(3) COST SHARING.—

2 ‘‘(A) IN GENERAL.—Total project costs

3 under each local cooperation agreement entered

4 into under this subsection shall be shared at 75

5 percent Federal and 25 percent non-Federal.

6 The non-Federal interest shall receive credit for

7 the reasonable costs of design work completed

8 by such interest prior to entering into a local

9 cooperation agreement with the Secretary for a

10 project. The Federal share may be in the form

11 of grants or reimbursements of project costs.

12 ‘‘(B) INTEREST.—In the event of delays in

13 the reimbursement of the non-Federal share of

14 a project, the non-Federal interest shall receive

15 credit for reasonable interest to provide the

16 non-Federal share of a project’s cost.

17 ‘‘(C) LANDS, EASEMENTS, AND RIGHTS-OF18 WAY CREDIT.—The non-Federal interest shall

19 receive credit for lands, easements, rights-of20 way, and relocations toward its share of project

21 costs, including direct costs associated with ob22 taining permits necessary for the placement of

23 such project on public owned or controlled

24 lands, but not to exceed 25 percent of total

25 project costs.
113

•HR 4460 EH

1 ‘‘(D) OPERATION AND MAINTENANCE

2 CREDIT.—Operation and maintenance costs for

3 projects constructed with assistance provided

4 under this section shall be 100 percent non5 Federal.’’.

6 SEC. 344. BROAD TOP REGION OF PENNSYLVANIA.

7 Section 304(c) of the Water Resources Development

8 Act of 1992 (106 Stat. 4840) is amended by striking

9 ‘‘$5,500,000’’ and inserting ‘‘$11,000,000’’.

10 SEC. 345. HOPPER DREDGE MCFARLAND.

11 (a) PROJECT AUTHORIZATION.—The Secretary shall

12 carry out a project at the Philadelphia Naval Shipyard,

13 Pennsylvania, to make modernization and efficiency im14 provements to the hopper dredge McFarland.

15 (b) REQUIREMENTS.—In carrying out the project

16 under subsection (a), the Secretary shall—

17 (1) determine whether the McFarland should be

18 returned to active service or the reserve fleet after

19 the project is completed; and

20 (2) establish minimum standards of dredging

21 service to be met in areas served by the McFarland

22 while the drydocking is taking place.

23 (c) AUTHORIZATION OF APPROPRIATIONS.—There is

24 authorized to be appropriated to carry out this section
114

•HR 4460 EH

1 $20,000,000 for fiscal years beginning after September

2 30, 1994.

3 SEC. 346. SEVEN POINTS VISITORS CENTER, RAYSTOWN

4 LAKE, PENNSYLVANIA.

5 (a) IN GENERAL.—The Secretary shall construct a

6 visitors center and related public use facilities at the Seven

7 Points Recreation Area at Raystown Lake, Pennsylvania,

8 generally in accordance with the Master Plan Update

9 (1994) for the Raystown Lake Project.

10 (b) AUTHORIZATION OF APPROPRIATIONS.—There is

11 authorized to be appropriated to carry out this section

12 $1,500,000. Such sums shall remain available until ex13 pended.

14 SEC. 347. BLACKSTONE RIVER VALLEY, RHODE ISLAND,

15 AND MASSACHUSETTS.

16 (a) IN GENERAL.—The Secretary, in coordination

17 with Federal, State, and local interests, shall provide tech18 nical, planning, and design assistance in the development

19 and restoration of the Blackstone River Valley National

20 Heritage Corridor, Rhode Island, and Massachusetts.

21 (b) FEDERAL SHARE.—Funds made available under

22 this section for planning and design of a project may not

23 exceed 75 percent of the total cost of such planning and

24 design.
115

•HR 4460 EH

1 SEC. 348. EARTHQUAKE PREPAREDNESS CENTER OF EX2 PERTISE EXTENSION.

3 The Secretary shall establish an extension of the

4 Earthquake Preparedness Center of Expertise for the

5 central United States at an existing district office of the

6 Corps of Engineers near the New Madrid fault.

7 SEC. 349. MURFREESBORO, TENNESSEE.

8 The Secretary shall carry out a project for environ9 mental enhancement, Murfreesboro, Tennessee, in accord10 ance with the Report and Environmental Assessment,

11 Black Fox, Murfree and Oaklands Spring Wetlands,

12 Murfreesboro, Rutherford County, Tennessee, dated Au13 gust 1994.

14 SEC. 350. REPEAL OF TERMINATION DATE FOR CONSTRUC15 TION OF VIRGIN ISLANDS PROJECTS BY THE

16 SECRETARY.

17 Section 406 of the Water Resources Development Act

18 of 1990 (48 U.S.C. 1405c note) is amended by striking

19 subsection (c).

20 SEC. 351. HUNTINGTON, WEST VIRGINIA.

21 The Secretary may enter into a cooperative agree22 ment under section 218 of this Act with Marshall Univer23 sity, Huntington, West Virginia, to provide technical as24 sistance to the Center for Environmental, Geotechnical

25 and Applied Sciences.
116

•HR 4460 EH

1 SEC. 352. SOUTHERN WEST VIRGINIA.

2 (a) COST SHARING.—Section 340(c)(3) of the Water

3 Resources Development Act of 1992 (106 Stat. 4856) is

4 amended to read as follows:

5 ‘‘(3) COST SHARING.—

6 ‘‘(A) IN GENERAL.—Total project costs

7 under each local cooperation agreement entered

8 into under this subsection shall be shared at 75

9 percent Federal and 25 percent non-Federal.

10 The non-Federal interest shall receive credit for

11 the reasonable costs of design work completed

12 by such interest prior to entering into a local

13 cooperation agreement with the Secretary for a

14 project. The Federal share may be in the form

15 of grants or reimbursements of project costs.

16 ‘‘(B) INTEREST.—In the event of delays in

17 the reimbursement of the non-Federal share of

18 a project, the non-Federal interest shall receive

19 credit for reasonable interest to provide the

20 non-Federal share of a project’s cost.

21 ‘‘(C) LANDS, EASEMENTS, AND RIGHTS-OF22 WAY CREDIT.—The non-Federal interest shall

23 receive credit for lands, easements, rights-of24 way, and relocations toward its share of project

25 costs, including direct costs associated with ob26 taining permits necessary for the placement of
117

•HR 4460 EH

1 such project on public owned or controlled

2 lands, but not to exceed 25 percent of total

3 project costs.

4 ‘‘(D) OPERATION AND MAINTENANCE.—

5 Operation and maintenance costs for projects

6 constructed with assistance provided under this

7 section shall be 100 percent non-Federal.’’.

8 (b) FUNDING.—Section 340(g) of the Water Re9 sources Development Act of 1992 (106 Stat. 4856) is

10 amended by striking ‘‘$5,000,000’’ and inserting

11 ‘‘$10,000,000’’.

12 SEC. 353. REMOVAL OR REMEDIATION OF CONTAMINATED

13 SEDIMENTS, LOWER FOX RIVER, WISCONSIN.

14 The Secretary shall remove or remediate contami15 nated sediments from the Lower Fox River, Lake Winne16 bago to Green Bay, Wisconsin, pursuant to section 312

17 of the Water Resources Development Act of 1990 (33

18 U.S.C. 1252 note).

19 SEC. 354. SAVINGS CLAUSE.

20 Nothing in section 204, section 207, or any other pro21 vision of this Act or any amendment made by this Act

22 shall be construed to authorize the construction, operation,

23 or maintenance of any dam, water conduit, reservoir,

24 power house, transmission line, or other project works for

25 which a license or exemption is required under the Federal
118

•HR 4460 EH

1 Power Act. Nothing in such sections or any other provi2 sion of this Act or any amendment made by this Act shall

3 by construed to affect the authority or jurisdiction of the

4 Federal Energy Regulatory Commission under the Fed5 eral Power Act or under any other provision of law.

Passed the House of Representatives October 3,

1994.

Attest:

Clerk.

103D CONGRESS

2D SESSION H. R. 4460

AN ACT

To provide for conservation and development of

United States, and for other purposes.for improvements to rivers and harbors of theretary of the Army to construct various projectswater and related resources, to authorize the Sec-