Union Calendar No. 418

103D CONGRESS

2D SESSION H. R. 4460

[Report No. 103–770]

A BILL

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 SecSEPTEMBER 30, 1994

Reported with an amendment, committed to the Commitordered to be printed tee of the Whole House on the State of the Union, and
IB

Union Calendar No. 418

103D CONGRESS

2D SESSION H. R. 4460

[Report No. 103–770]

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.

IN THE HOUSE OF REPRESENTATIVES

MAY 19, 1994

Mr. MINETA (for himself and Mr. APPLEGATE) (both by request) introduced

the following bill; which was referred to the Committee on Public Works

and Transportation

SEPTEMBER 30, 1994

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on May 19, 1994]

A BILL

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.
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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’’.

6 (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.
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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

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. Lake St. Claire, Michigan.

Sec. 331. St. John’s Bayou—New Madrid Floodway.

Sec. 332. Durham, New Hampshire.

Sec. 333. New York Bight and Harbor study.

Sec. 334. New York State canal system.

Sec. 335. New York City watershed.

Sec. 336. Northeastern Ohio.

Sec. 337. Ohio River.

Sec. 338. Removal or remediation of contaminated sediments, Mahoning River,

Ohio and Pennsylvania.

Sec. 339. Columbia River Basin, Oregon.

Sec. 340. South central Pennsylvania.

Sec. 341. Broad top region of Pennsylvania.
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Sec. 342. Hopper dredge McFarland.

Sec. 343. Seven Points Visitors Center, Raystown Lake, Pennsylvania.

Sec. 344. Blackstone River Valley, Rhode Island, and Massachusetts.

Sec. 345. Earthquake Preparedness Center of Expertise extension.

Sec. 346. Repeal of termination date for construction of Virgin Islands projects

by the Secretary.

Sec. 347. Huntington, West Virginia.

Sec. 348. Southern West Virginia.

Sec. 349. Removal or remediation of contaminated sediments, Lower Fox River,

Wisconsin.

1 SEC. 2. DEFINITIONS.

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

3 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 the

10 Secretary substantially in accordance with the plans, and

11 subject to the conditions, recommended in the respective re12 ports designated in this section:

13 (1) SANTA BARBARA HARBOR, CALIFORNIA.—The

14 project for navigation, Santa Barbara Harbor, Cali15 fornia: Report of the Chief Engineers, dated April 26,

16 1994, at a total cost of $5,530,000, with an estimated

17 Federal cost of $4,420,000 and an estimated non-Fed18 eral cost of $1,110,000.

19 (2) SAN LORENZO RIVER, SANTA CRUZ, CALIFOR20 NIA.—The project for flood control, San Lorenzo
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1 River, Santa Cruz, California: Report of the Chief

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

3 $15,670,000, with an estimated Federal cost of

4 $7,910,000 and an estimated non-Federal cost of

5 $7,760,000.

6 (3) MARIN COUNTY SHORELINE, SAN RAFAEL,

7 CALIFORNIA.—The project for storm damage reduc8 tion, Marin County shoreline, San Rafael, California:

9 Report of the Chief Engineers, dated January 28,

10 1994, at a total cost of $26,300,000, with an esti11 mated Federal cost of $17,100,000 and an estimated

12 non-Federal cost of $9,200,000.

13 (4) ATLANTIC INTRACOASTAL WATERWAY, ST.

14 JOHNS COUNTY, FLORIDA.—The project for naviga15 tion, Atlantic intracoastal waterway, St. Johns Coun16 ty, Florida: Report of the Chief Engineers, dated June

17 24, 1994, at a total Federal cost of $15,083,000. Oper18 ation, maintenance, repair, replacement, and reha19 bilitation shall be a local responsibility and the local

20 interest must assume ownership of the bridge.

21 (5) LAKE MICHIGAN, ILLINOIS.—The project for

22 storm damage reduction and shoreline erosion protec23 tion, Lake Michigan, Illinois, from Wilmette, Illinois,

24 to the Illinois-Indiana State line: Report of the Chief

25 Engineers, dated April 14, 1994, at a total cost of
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1 $192,251,000, with an estimated Federal cost of

2 $104,435,000 and an estimated non-Federal cost of

3 $87,816,000. The project shall include the breakwater

4 near the South Water Filtration Plant described in

5 the report as a separate element of the project, at a

6 total cost of $8,169,000, with an estimated Federal

7 cost of $5,310,000 and an estimated non-Federal cost

8 of $2,859,000.

9 (6) WHITE RIVER, INDIANAPOLIS, INDIANA.—The

10 project for flood control and recreation, White River,

11 Indianapolis, Indiana, at a total cost of $52,700,000,

12 with an estimated first Federal cost of $32,425,000

13 and an estimated first non-Federal cost of

14 $20,275,000, is authorized to be prosecuted by the

15 Secretary in accordance with a final report of the

16 Chief of Engineers and with such modifications as are

17 recommended by the Secretary. No construction on the

18 project may be initiated until such a report of the

19 Chief of Engineers is issued and approved by the Sec20 retary.

21 (7) KENTUCKY LOCK AND DAM, TENNESSEE

22 RIVER, KENTUCKY.—The project for navigation, Ken23 tucky Lock and Dam, Tennessee River, Kentucky: Re24 port of the Chief Engineers, dated June 4, 1992, at

25 a total cost of $490,000,000. The costs of construction
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of the project are to be paid 1 1 ⁄2 from amounts appropriated from the general fund of the Treasury and 1 2 ⁄2

3 from amounts appropriated from the Inland Water4 ways Trust Fund.

5 (8) POND CREEK, JEFFERSON COUNTY, KEN6 TUCKY.—The project for flood control, Pond Creek,

7 Jefferson County, Kentucky: Report of the Chief Engi8 neers, dated June 28, 1994, at a total cost of

9 $16,374,000, with an estimated Federal cost of

10 $11,039,000 and an estimated non-Federal cost of

11 $5,335,000.

12 (9) WOLF CREEK DAM AND LAKE CUMBERLAND,

13 KENTUCKY.—The project for hydropower, Wolf Creek

14 Dam and Lake Cumberland, Kentucky: Report of the

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

16 of $49,200,000, with an estimated non-Federal cost of

17 $49,200,000. Funds derived by the Tennessee Valley

18 Authority from its power program may be used for

19 all or part of any cost sharing requirements for the

20 project.

21 (10) PORT FOURCHON, LAFOURCHE PARISH,

22 LOUISIANA.—A project for navigation, Belle Pass and

23 Bayou Lafourche, Louisiana: Report of the Chief of

24 Engineers, dated December 1994, at a total cost of

25 $3,313,000, with an estimated Federal cost of
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1 $2,211,000 and an estimated non-Federal cost of

2 $1,102,000.

3 (11) WOOD RIVER, GRAND ISLAND, NEBRASKA.—

4 The project for flood control, Wood River, Grand Is5 land, Nebraska: Report of the Chief Engineers, dated

6 May 3, 1994, at a total cost of $10,200,000, with an

7 estimated Federal cost of $5,100,000 and an estimated

8 non-Federal cost of $5,100,000.

9 (12) WILMINGTON HARBOR, CAPE FEAR RIVER,

10 NORTH CAROLINA.—The project for navigation, Wil11 mington Harbor, Cape Fear and Northeast Cape Fear

12 Rivers, North Carolina: Report of the Chief Engi13 neers, dated June 24, 1994, at a total cost of

14 $22,000,000, with an estimated Federal cost of

15 $14,700,000 and an estimated non-Federal cost of

16 $7,300,000.

17 (13) DUCK CREEK, CINCINNATI, OHIO.—The

18 project for flood control, Duck Creek, Cincinnati,

19 Ohio: Report of the Chief Engineers, dated July 28,

20 1994, at a total cost of $14,817,000, with an esti21 mated Federal cost of $11,113,000 and an estimated

22 non-Federal cost of $3,704,000.

23 (14) COOS BAY, OREGON.—The project for deep

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

25 Chief Engineers, dated June 30, 1994, at a total cost
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1 of $13,700,000, with an estimated Federal cost of

2 $8,800,000 and an estimated non-Federal cost of

3 $4,900,000.

4 (15) RIO GRANDE DE ARECIBO, PUERTO RICO.—

5 The project for flood control, Rio Grande de Arecibo,

6 Puerto Rico: Report of the Chief Engineers, dated

7 April 5, 1994, at a total cost of $18,857,000, with an

8 estimated Federal cost of $9,913,000 and an estimated

9 non-Federal cost of $8,944,000.

10 (16) BIG SIOUX RIVER AND SKUNK CREEK, SIOUX

11 FALLS, SOUTH DAKOTA.—The project for flood control,

12 Big Sioux River and Skunk Creek, Sioux Falls, South

13 Dakota: Report of the Chief Engineers, dated June 30,

14 1994, at a total cost of $30,700,000, with an esti15 mated Federal cost of $22,900,000 and an estimated

16 non-Federal cost of $7,800,000.

17 (17) WATERTOWN, SOUTH DAKOTA.—The project

18 for flood control, Watertown and Vicinity, South Da19 kota: Report of the Chief of Engineers, dated August

20 31, 1994, at a total cost of $16,092,000, with an esti21 mated Federal cost of $11,835,000 and an estimated

22 non-Federal cost of $4,257,000.

23 (18) ATLANTIC INTRACOASTAL WATERWAY,

24 CHESAPEAKE, VIRGINIA.—The project for navigation,

25 Atlantic intracoastal waterway, Great Bridge, Chesa-
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1 peake, Virginia: Report of the Chief Engineers, dated

2 July 1, 1994, at a total cost of $23,007,000, with an

3 estimated Federal cost of $19,771,000 and an esti4 mated non-Federal cost of $3,236,000.

5 (19) MARMET LOCK, KANAWHA RIVER, WEST VIR6 GINIA.—The project for navigation, Marmet Lock,

7 Kanawha River, West Virginia: Report of the Chief

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

9 $261,000,000. The costs of construction of the project

10 are to be paid one-half from amounts appropriated

11 from the general fund of the Treasury and one-half

12 from amounts appropriated from the Inland Water13 ways Trust Fund. In conducting any real estate ac14 quisition activities, the Secretary shall give priority

15 consideration to those individuals who would be di16 rectly affected by any physical displacement due to

17 project design and shall consider the financial cir18 cumstances of such individuals. The Secretary shall

19 proceed with real estate acquisition in connection

20 with the project expeditiously.

21 SEC. 102. PROJECT MODIFICATIONS.

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

23 The project for flood control, Nogales Wash and tributaries,

24 Arizona, authorized by section 101(a)(4) of the Water Re25 sources Development Act of 1990 (104 Stat. 4606), is modi-
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1 fied to direct the Secretary to permit the non-Federal con2 tribution for the project to be determined in accordance

3 with sections 103(k) and 103(m) of the Water Resources De4 velopment Act of 1986 and to direct the Secretary to enter

5 into negotiations with non-Federal interests pursuant to

6 section 103(l) of such Act concerning the timing of the ini7 tial payment of the non-Federal contribution.

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

9 project for deep-draft navigation, authorized by section

10 202(a) of the Water Resources Development Act of 1986

11 (100 Stat. 4092), is modified to authorize the Secretary to

12 construct the project at a total cost of $57,000,000, with

13 an estimated Federal cost of $35,900,000, and an estimated

14 non-Federal cost of $21,100,000.

15 (c) POTOMAC RIVER, WASHINGTON, DISTRICT OF CO16 LUMBIA.—The project for flood protection, Potomac River,

17 Washington, District of Columbia, authorized by section 5

18 of the Flood Control Act of June 22, 1936 (74 Stat. 1574),

19 is modified to provide for completion of the project substan20 tially in accordance with the General Design Memorandum

21 dated May 1992, the General Design Memorandum Supple22 ment dated May 1994, and a letter report dated August

23 9, 1994, at a Federal cost of $1,800,000.

24 (d) TYBEE ISLAND, GEORGIA.—The project for beach

25 erosion control, Tybee Island, Georgia, authorized pursuant
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1 to section 201 of the Flood Control Act of 1965 (42 U.S.C.

2 1962d–5), is modified to include as part of the project the

3 portion of the ocean shore of Tybee Island located south of

4 the extension of 9th Street.

5 (e) CHICAGO, ILLINOIS.—The project for flood control,

6 Chicagoland Underflow Plan, Illinois, authorized by section

7 3(a)(5) of the Water Resources Development Act of 1988

8 (102 Stat. 4013), is modified to limit the capacity of the

9 reservoir project not to exceed 11,000,000,000 gallons or

10 32,000 acre-feet in volume, to provide that the reservoir

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

12 East Avenue in the vicinity of McCook, Illinois, and to pro13 vide that the reservoir project may only be constructed on

14 the basis of a specific plan that has been evaluated by the

15 United States Army Corps of Engineers under the provi16 sions of the National Environmental Policy Act of 1969.

17 (f) NORTH BRANCH OF CHICAGO RIVER, ILLINOIS.—

18 The project for flood protection, North Branch of the Chi19 cago River, Illinois, authorized by section 401(a) of the

20 Water Resources Development Act of 1986 (100 Stat. 4115),

21 is modified to authorize the Secretary to carry out the

22 project in accordance with the Report of the Chief of Engi23 neers dated March 1994, at a total cost of $34,800,000, with

24 an estimated Federal cost of $20,774,000 and an estimated

25 non-Federal cost of $14,026,000.
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1 (g) REND LAKE, ILLINOIS.—The project for flood con2 trol, Rend Lake, Illinois, authorized by section 203 of the

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

4 direct the Secretary to correct the design deficiency in the

5 Rend Lake Subimpoundment, Benton, Jefferson County, Il6 linois, at full Federal expense, with an estimated cost of

7 $5,300,000.

8 (h) 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 to

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

13 an estimated Federal cost of $26,600,000 and an estimated

14 non-Federal cost of $9,100,000.

15 (i) HALSTEAD, KANSAS.—The project for flood control,

16 Halstead, Kansas, authorized by section 401(a) of the Water

17 Resources Development Act of 1986 (100 Stat. 4116), is

18 modified to authorize the Secretary to carry out the project

19 in accordance with the Report of the Chief of Engineers

20 dated March 19, 1993, at a total cost of $11,100,000, with

21 an estimated Federal cost of $8,325,000 and an estimated

22 non-Federal cost of $2,775,000.

23 (j) LEVISA AND TUG FORK OF THE BIG SANDY RIVER

24 AND CUMBERLAND RIVER, KENTUCKY, WEST VIRGINIA,

25 AND VIRGINIA.—The project for flood control, Levisa and
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1 Tug Fork of the Big Sandy River and Cumberland River,

2 Kentucky, West Virginia, and Virginia, authorized by sec3 tion 202(a) of the Energy and Water Development Appro4 priation Act, 1981 (94 Stat. 1339), is modified to provide

5 that the minimum level of flood protection to be afforded

6 by the project shall be the level required to provide protec7 tion from a 100-year flood or from the flood of April 1977,

8 whichever level of protection is greater.

9 (k) WEST BANK HURRICANE PROTECTION LEVEE,

10 JEFFERSON PARISH, LOUISIANA.—The project for hurri11 cane protection, West Bank Hurricane Protection Levee,

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

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

14 4128), is modified to authorize the Secretary to carry out

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

16 Engineers dated November 1994, at a total cost of

17 $119,700,000, with an estimated Federal cost of

18 $77,800,000 and an estimated non-Federal cost of

19 $41,900,000.

20 (l) MISSISSIPPI RIVER OUTLETS, VENICE, LOUISI21 ANA.—The project for navigation, Mississippi River Out22 lets, Venice, Louisiana, authorized by section 101 of the

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

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

25 wide Baptiste Collette Bayou entrance channel to approxi-
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1 mately Mile 8 of the Mississippi River-Gulf Outlet naviga2 tion channel, at a total estimated Federal cost of $80,000.

3 (m) BONNEVILLE LOCK AND DAM, COLUMBIA RIVER,

4 OREGON AND WASHINGTON.—

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

6 Lock and Dam, Columbia River, Oregon and Wash7 ington, authorized by the Act of August 20, 1937 (50

8 Stat. 731), and modified by section 83 of the Water

9 Resources Development Act of 1974 (88 Stat. 35), is

10 further modified to authorize the Secretary to convey

11 to the city of North Bonneville, Washington, at no

12 further cost to the city, all right, title and interest of

13 the United States in and to the following:

14 (A) Any municipal facilities, utilities fix15 tures, and equipment for the relocated city, and

16 any remaining lands designated as open spaces

17 or municipal lots not previously conveyed to the

18 city, specifically, Lots M1 through M15, M16

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

20 M24, S42 through S45, and S52 through S60.

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

22 block 5, on the plat of relocated North Bonne23 ville.
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1 (C) Parcels 2 and C, but only upon the

2 completion of any environmental response ac3 tions required under applicable law.

4 (D) That portion of Parcel B lying south of

5 the existing city boundary, west of the sewage

6 treatment plant, and north of the drainage ditch

7 that is located adjacent to the northerly limit of

8 the Hamilton Island landfill, provided the Sec9 retary determines, at the time of the proposed

10 conveyance, that the Army has taken all action

11 necessary to protect human health and the envi12 ronment.

13 (E) Such portions of Parcel H which can be

14 conveyed without a requirement for further in15 vestigation, inventory or other action by the De16 partment of the Army under the provisions of the

17 National Historic Preservation Act.

18 (F) Such easements as the Secretary deems

19 necessary for—

20 (i) sewer and water line crossings of

21 relocated Washington State Highway 14;

22 and

23 (ii) reasonable public access to the Co24 lumbia River across those portions of Ham-
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1 ilton Island that remain under the owner2 ship of the United States.

3 (2) TIME PERIOD FOR CONVEYANCES.—The con4 veyances referred to in paragraphs (1)(A), (1)(B),

5 (1)(E), and (1)(F)(i) shall be completed within 180

6 days after the United States receives the release re7 ferred to in paragraph (4). All other conveyances

8 shall be completed expeditiously, subject to any condi9 tions specified in the applicable subsection.

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

11 authorized by paragraph (1) is to resolve all out12 standing issues between the United States and the

13 city of North Bonneville.

14 (4) ACKNOWLEDGEMENT OF PAYMENT; RELEASE

15 OF CLAIMS RELATING TO RELOCATION OF CITY.—As a

16 prerequisite to such conveyances, the city of North

17 Bonneville shall execute an acknowledgement of pay18 ment of just compensation and shall execute a release

19 of any and all claims for relief of any kind against

20 the United States growing out of the relocation of the

21 city of North Bonneville, or any prior Federal legisla22 tion relating thereto, and shall dismiss, with preju23 dice, any pending litigation, if any, involving such

24 matters.
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1 (5) RELEASE BY ATTORNEY GENERAL.—Upon re2 ceipt of the city’s acknowledgment and release referred

3 to in paragraph (4), the Attorney General of the

4 United States shall dismiss any pending litigation, if

5 any, arising out of the relocation of the city of North

6 Bonneville, and execute a release of any and all rights

7 to damages of any kind under the February 20, 1987,

8 judgment of the United States Claims Court, includ9 ing any interest thereon.

10 (6) ACKNOWLEDGMENT OF ENTITLEMENTS; RE11 LEASE BY CITY OF CLAIMS UNDER THIS SUB12 SECTION.—Within 60 days after the conveyances au13 thorized by paragraph (1) (other than subparagraph

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

15 acknowledgement that all entitlements under such

16 paragraph have been completed and shall execute a

17 release of any and all claims for relief of any kind

18 against the United States arising out of this sub19 section.

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

21 the enactment of this Act, the city of North Bonne22 ville, or any successor in interest thereto, shall—

23 (A) be precluded from exercising any juris24 diction over any lands owned in whole or in

25 part by the United States and administered by
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1 the United States Army Corps of Engineers in

2 connection with the Bonneville project; and

3 (B) be authorized to change the zoning des4 ignations of, sell, or resell Parcels S35 and S56,

5 which are presently designated as open spaces.

6 (n) FALL RIVER HARBOR, MASSACHUSETTS AND

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

8 Harbor, Massachusetts and Rhode Island, authorized by sec9 tion 101 of the River and Harbor Act of 1968 (82 Stat.

10 731), is modified to provide that alteration of the drawspan

11 of the Brightman Street Bridge to provide a channel width

12 of 300 feet shall not be required after the date of the enact13 ment of this Act.

14 (o) MANISTIQUE HARBOR, SCHOOLCRAFT COUNTY,

15 MICHIGAN.—The project for navigation, Manistique Har16 bor, Schoolcraft County, Michigan, authorized by the Rivers

17 and Harbors Appropriations Act of March 3, 1905 (33 Stat.

18 1136), is modified to provide for an authorized project

19 depth of 12 feet.

20 (p) SAGINAW RIVER, MICHIGAN.—The project for flood

21 protection, Saginaw River, Michigan, authorized by section

22 203 of the Flood Control Act of 1958 (72 Stat. 311) is modi23 fied to include as part of the project the design and con24 struction of an inflatable dam on the Flint River, Michigan,

25 at a total cost of $800,000.
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1 (q) SAULT SAINTE MARIE, CHIPPEWA COUNTY, MICHI2 GAN.—

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

4 Sault Sainte Marie, Chippewa County, Michigan, au5 thorized by section 1149 of the Water Resources Devel6 opment Act of 1986 (100 Stat. 4254–4255), is modi7 fied as provided by this subsection.

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

9 non-Federal share of the cost of the project referred to

10 in paragraph (1) shall be paid as follows:

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

12 which the Secretary determines is attributable to

13 use of the lock by vessels calling at Canadian

14 ports shall be paid by the United States.

15 (B) The remaining portion of the non-Fed16 eral share shall be paid by the Great Lakes

17 States pursuant to an agreement entered into by

18 such States.

19 (3) PAYMENT TERM OF ADDITIONAL PERCENT20 AGE.—The amount to be paid by non-Federal inter21 ests pursuant to section 101(a) of the Water Resources

22 Development Act of 1986 (33 U.S.C. 2211(a)) and

23 this subsection with respect to the project referred to

24 in paragraph (1) may be paid over a period of 50
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1 years or the expected life of the project, whichever is

2 shorter.

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

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

5 States’’ means the States of Illinois, Indiana, Michi6 gan, Minnesota, New York, Ohio, Pennsylvania, and

7 Wisconsin.

8 (r) NEW MADRID HARBOR, MISSOURI.—The project

9 for navigation, New Madrid Harbor, Missouri, authorized

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

11 1960 (33 U.S.C. 577) and modified by section 102(n) of

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

13 4807), is further modified to direct the Secretary to assume

14 responsibility for maintenance of the existing Federal chan15 nel referred to in such section 102(n) in addition to main16 taining New Madrid County Harbor.

17 (s) CAPE GIRARDEAU, MISSOURI.—The project for

18 flood control, Cape Girardeau, Jackson Metropolitan Area,

19 Missouri, authorized by section 401(a) of the Water Re20 sources Development Act of 1986 (100 Stat. 4118–4119), is

21 modified to authorize the Secretary to construct the project,

22 including implementation of nonstructural measures, at a

23 total cost of $44,200,000, with an estimated Federal cost

24 of $32,300,000 and an estimated non-Federal cost of

25 $11,900,000.
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1 (t) JONES INLET, NEW YORK.—The project for naviga2 tion, Jones Inlet, New York, authorized by section 2 of the

3 Rivers and Harbors Act of March 2, 1945 (59 Stat. 13),

4 is modified to direct the Secretary to place uncontaminated

5 dredged material on beach areas downdrift from the feder6 ally maintained channel for the purpose of mitigating the

7 interruption of littoral system natural processes caused by

8 the jetty and continued dredging of the federally main9 tained channel.

10 (u) RAMAPO AND MAHWAH RIVERS, NEW JERSEY AND

11 NEW YORK.—The project for flood control, Ramapo and

12 Mahwah Rivers, New Jersey and New York, authorized by

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

14 1986 (100 Stat. 4120), is modified to authorize the Sec15 retary to carry out the project in accordance with the Re16 port of the Chief of Engineers dated May 1994, at a total

17 cost of $10,800,000, with an estimated Federal cost of

18 $8,120,000 and an estimated non-Federal cost of

19 $2,680,000.

20 (v) WILMINGTON HARBOR-NORTHEAST CAPE FEAR

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

22 Wilmington Harbor-Northeast Cape Fear River, North

23 Carolina, authorized by section 202(a) of the Water Re24 sources Development Act of 1986 (100 Stat. 4095), is modi25 fied to authorize the Secretary to construct the project sub-
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1 stantially in accordance with the General Design Memoran2 dum dated April 1990 and the General Design Memoran3 dum Supplement dated February 1994, at a total cost of

4 $43,900,000, with an estimated Federal cost of $20,100,000

5 and an estimated non-Federal cost of $23,800,000.

6 (w) GARRISON DAM, NORTH DAKOTA.—The project for

7 flood control, Garrison Dam, North Dakota, authorized by

8 section 9 of the Flood Control Act of December 22, 1944

9 (58 Stat. 891), is modified to authorize the Secretary to

10 acquire permanent flowage and saturation easements over

11 the lands in Williams County, North Dakota, extending

12 from the riverward margin of the Buford-Trenton Irriga13 tion District main canal to the north bank of the Missouri

14 River, beginning at the Buford-Trenton Irrigation District

15 pumping station located in the northeast quarter of section

16 17, township 152 north, range 104 west, and continuing

17 northeasterly downstream to the land referred to as the East

18 Bottom, and any other lands outside of the boundaries of

19 the Buford-Trenton Irrigation District which have been ad20 versely affected by rising ground water and surface flooding.

21 Any easement acquired by the Secretary pursuant to this

22 subsection shall include the right, power, and privilege of

23 the Government to submerge, overflow, percolate, and satu24 rate the surface and subsurface of the land. The cost of ac25 quiring such easements shall not exceed 90 percent, or be
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1 less than 75 percent, of the unaffected fee value of the lands.

2 The project is further modified to authorize the Secretary

3 to provide a lump sum payment of $60,000 to the Buford4 Trenton Irrigation District for power requirements associ5 ated with operation of the drainage pumps and to relin6 quish all right, title, and interest of the United States to

7 the drainage pumps located within the boundaries of the

8 Irrigation District.

9 (x) WISTER LAKE, OKLAHOMA.—The flood control

10 project for Wister Lake, LeFlore County, Oklahoma, author11 ized by section 4 of the Flood Control Act of June 28, 1938

12 (52 Stat. 1218), is modified to increase the level of the con13 servation pool by 1 foot and to adjust the seasonal pool op14 eration to accommodate the change in the conservation pool

15 elevation.

16 (y) SAW MILL RUN, PENNSYLVANIA.—The project for

17 flood control, Saw Mill Run, Pittsburgh, Pennsylvania, au18 thorized by section 401(a) of the Water Resources Develop19 ment Act of 1986 (100 Stat. 4124), is modified to authorize

20 the Secretary to carry out the project in accordance with

21 the Report of the Chief of Engineers dated January 31,

22 1994, at a total cost of $12,140,000, with an estimated Fed23 eral cost of $9,105,000 and an estimated non-Federal cost

24 of $3,035,000.
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1 (z) SAN JUAN HARBOR, PUERTO RICO.—The project

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

3 by section 202(a) of the Water Resources Development Act

4 of 1986 (100 Stat. 4097), is modified to authorize the Sec5 retary to deepen the bar channel to depths varying from

6 49 feet to 56 feet below mean low water with other modifica7 tions to authorized interior channels as generally described

8 in the General Reevaluation Report and Environmental As9 sessment, dated March 1994, at a total cost of $43,993,000,

10 with an estimated Federal cost of $27,341,000 and an esti11 mated non-Federal cost of $16,652,000.

12 (aa) INDIA POINT RAILROAD BRIDGE, SEEKONK

13 RIVER, PROVIDENCE, RHODE ISLAND.—The project for the

14 removal and demolition of the India Point Railroad Bridge,

15 Seekonk River, Providence, Rhode Island, authorized by sec16 tion 1166(c) of the Water Resources Development Act of

17 1986 (100 Stat. 4258), is modified to authorize the Sec18 retary to demolish and remove the center span of the bridge,

19 at a total cost of $1,300,000, with an estimated Federal cost

20 of $650,000 and an estimated non-Federal cost of $650,000.

21 (bb) DALLAS FLOODWAY EXTENSION, DALLAS,

22 TEXAS.—

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

24 Dallas Floodway Extension, Dallas, Texas, authorized

25 by section 301 of the River and Harbor Act of 1965
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1 (79 Stat. 1091), is modified to provide that, notwith2 standing the last sentence of subsection (c) of section

3 104 of the Water Resources Development Act of 1986,

4 non-Federal interests may apply for crediting under

5 such section 104, against the non-Federal share of the

6 cost of the project, the cost of work performed by the

7 non-Federal interests in constructing flood protection

8 works for Rochester Park and the north section of the

9 Central Wastewater Treatment Plant.

10 (2) DETERMINATION OF AMOUNT.—The amount

11 to be credited under paragraph (1) shall be deter12 mined by the Secretary. In determining such amount,

13 the Secretary may permit crediting only for that por14 tion of the work performed by the non-Federal inter15 ests which is compatible with the project referred to

16 in paragraph (1), including any modification thereof,

17 and which is required for construction of such project.

18 (3) CASH CONTRIBUTION.—Nothing in this sub19 section shall be construed to limit the applicability of

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

21 the Water Resources Development Act of 1986 to the

22 project referred to in paragraph (1).

23 (cc) LITTLE DELL DAM AND RESERVOIR, SALT LAKE

24 CITY STREAMS, UTAH.—The project for flood control, Little

25 Dell Dam and Reservoir, Salt Lake City Streams, Utah,
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1 authorized by section 203 of the Flood Control Act of 1968

2 (82 Stat. 744) and modified by section 170 of the Water

3 Resources Development Act of 1976 (90 Stat. 2936), is fur4 ther modified to allocate the flood control and water supply

5 costs in accordance with the percentages set forth in item

6 6 of table 16 of the Corps of Engineers Sacramento District

7 Reexamination Report, dated February 1984, and to pro8 vide that cost-sharing be in accordance with section 103 of

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

10 2213).

11 (dd) UPPER JORDAN RIVER, UTAH.—The project for

12 flood control, Upper Jordan River, Utah, authorized by sec13 tion 101(a)(23) of the Water Resources Development Act of

14 1990 (104 Stat. 4610), is modified to authorize the Sec15 retary to construct the project at a total cost of $12,100,000,

16 with an estimated Federal cost of $8,000,000 and an esti17 mated non-Federal cost of $4,100,000.

18 (ee) HAYSI LAKE, VIRGINIA.—The Haysi Lake, Vir19 ginia, feature of the project for flood control, Tug Fork of

20 the Big Sandy River, Kentucky, West Virginia, and Vir21 ginia, authorized by section 202(a) of the Energy and

22 Water Development Appropriation Act, 1981 (94 Stat.

23 1339), is modified to add recreation as a project purpose.

24 (ff) RUDEE INLET, VIRGINIA BEACH, VIRGINIA.—The

25 project for navigation and shoreline protection, Rudee Inlet,
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1 Virginia Beach, Virginia, authorized by section 501(a) of

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

3 4148), is modified to authorize the Secretary to continue

4 maintenance of the project for the life of the project. The

5 Federal share of the cost of such maintenance shall be deter6 mined in accordance with title I of the Water Resources

7 Development Act of 1986.

8 (gg) BLUESTONE LAKE, WEST VIRGINIA.—Section

9 102(ff) of the Water Resources Development Act of 1992

10 (106 Stat. 4810) is amended by inserting ‘‘except for that

11 organic matter necessary to maintain and enhance the bio12 logical resources of such waters,’’ after ‘‘project,’’ the first

13 place it appears.

14 (hh) KICKAPOO RIVER, WISCONSIN.—

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

16 and allied purposes, Kickapoo River, Wisconsin, au17 thorized by section 203 of the Flood Control Act of

18 1962 (76 Stat. 1190) and modified by section 814 of

19 the Water Resources Development Act of 1986 (100

20 Stat. 4169), is further modified as provided by this

21 subsection.

22 (2) TRANSFER OF PROPERTY.—

23 (A) IN GENERAL.—Subject to the require24 ments of this subsection, the Secretary shall

25 transfer to the State of Wisconsin, without con-
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1 sideration, all right, title, and interest of the

2 United States to the lands described in subpara3 graph (B), including all works, structures, and

4 other improvements to such lands.

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

6 transferred pursuant to subparagraph (A) are

7 the approximately 8,569 acres of land associated

8 with the LaFarge Dam and Lake portion of the

9 project referred to in paragraph (1) in Vernon

10 County, Wisconsin, in the following sections:

11 (i) Section 31, Township 14 North,

12 Range 1 West of the 4th Principal Merid13 ian.

14 (ii) Sections 2 through 11, and 16, 17,

15 20, and 21, Township 13 North, Range 2

16 West of the 4th Principal Meridian.

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

18 26, 27, 31, and 33 through 36, Township 14

19 North, Range 2 West of the 4th Principal

20 Meridian.

21 (C) TERMS AND CONDITIONS.—The transfer

22 under subparagraph (A) shall be made on the

23 condition that the State of Wisconsin enters into

24 a written agreement with the Secretary to hold

25 the United States harmless from all claims aris-
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1 ing from or through the operation of the lands

2 and improvements subject to the transfer. If title

3 to the lands described in subparagraph (B) is

4 sold or transferred by the State, then the State

5 shall reimburse the United States for the price

6 originally paid by the United States for pur7 chasing such lands.

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

9 1995, the Secretary shall transmit to the State of

10 Wisconsin an offer to make the transfer under

11 this paragraph. Such offer shall provide for the

12 transfer to be made in the period beginning on

13 November 1, 1995, and ending on December 31,

14 1995.

15 (E) DEAUTHORIZATION.—The LaFarge

16 Dam and Lake portion of the project referred to

17 in paragraph (1) is not authorized after the date

18 of the transfer under this paragraph.

19 (F) INTERIM MANAGEMENT AND MAINTE20 NANCE.—The Secretary shall continue to manage

21 and maintain the LaFarge Dam and Lake por22 tion of the project referred to in paragraph (1)

23 until the date of the transfer under this sub24 section.

25 (3) COMPLETION OF PROJECT FEATURES.—
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1 (A) REQUIREMENT.—The Secretary shall

2 undertake the completion of the following fea3 tures of the project referred to in paragraph (1):

4 (i) The continued relocation of State

5 highway route 131 and county highway

6 routes P and F substantially in accordance

7 with plans contained in Design Memoran8 dum No. 6, Relocation-LaFarge Reservoir,

9 dated June 1970; except that the relocation

10 shall generally follow the existing road

11 rights-of-way through the Kickapoo Valley.

12 (ii) Environmental cleanup and site

13 restoration of abandoned wells, farm sites,

14 and safety modifications to the water con15 trol structures.

16 (iii) Cultural resource activities to

17 meet the requirements of Federal law.

18 (B) PARTICIPATION BY STATE OF WISCON19 SIN.—In undertaking the completion of the fea20 tures described in subparagraph (A), the Sec21 retary shall determine the requirements of the

22 State of Wisconsin on the location and design of

23 each such feature.
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1 (4) FUNDING.—There is authorized to be appro2 priated to carry out this subsection for fiscal years be3 ginning after September 30, 1994, $17,000,000.

4 SEC. 103. SMALL FLOOD CONTROL PROJECTS.

5 The Secretary shall conduct a study for each of the

6 following projects and, if the Secretary determines that the

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

8 205 of the Flood Control Act of 1948 (33 U.S.C. 701s):

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

10 control in Carondelet and Germania neighborhoods in

11 St. Louis, Missouri.

12 (2) FULMER CREEK, VILLAGE OF MOHAWK, NEW

13 YORK.—A project for flood control, Fulmer Creek, Vil14 lage of Mohawk, New York.

15 (3) MOYER CREEK, VILLAGE OF FRANKFORT,

16 NEW YORK.—A project for flood control, Moyer Creek,

17 Village of Frankfort, New York.

18 (4) SAUQUOIT CREEK, WHITESBORO, NEW

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

20 Whitesboro, New York.

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

22 YORK.—A project for flood control, Steele Creek, Vil23 lage of Ilion, New York.

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

25 flood control, Susquehanna River, at Sunbury, Penn-
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1 sylvania, to rehabilitate existing flood control struc2 tures.

3 SEC. 104. SMALL BANK STABILIZATION PROJECTS.

4 The Secretary shall conduct a study for each of the

5 following projects and, if the Secretary determines that the

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

7 14 of the Flood Control Act of 1946 (33 U.S.C. 701r):

8 (1) WABASH RIVER, NEW HARMONY, INDIANA.—

9 A project for bank stabilization to prevent further ero10 sion of the east bank of the Wabash River in the vi11 cinity of New Harmony, Indiana.

12 (2) HICKMAN BLUFF, HICKMAN, KENTUCKY.—A

13 project for bank stabilization, Hickman Bluff, Hick14 man, Kentucky.

15 (3) WICKLIFFE, BALLARD COUNTY, KENTUCKY.—

16 A project for bank stabilization, Wickliffe, Ballard

17 County, Kentucky, on the Mississippi River between

18 the existing Wickliffe and Mayfield revetments.

19 (4) ALLEGHENY RIVER AT OIL CITY, PENNSYLVA20 NIA.—A project for bank stabilization to address ero21 sion problems affecting the pipeline crossing the Alle22 gheny River at Oil City, Pennsylvania, including

23 measures to address erosion affecting the pipeline in

24 the bed of the Allegheny River and its adjacent banks.
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1 SEC. 105. SMALL NAVIGATION PROJECTS.

2 The Secretary shall conduct a study for each of the

3 following projects and, if the Secretary determines that the

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

5 107 of the River and Harbor Act of 1960 (33 U.S.C. 577):

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

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

8 barrier.

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

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

11 mound structure and a vertical wave screen.

12 (3) TACONITE, MINNESOTA.—A navigation

13 project for Taconite, Minnesota.

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

15 project for Two Harbors, Minnesota.

16 (5) BROOKLYN, NEW YORK.—A project for navi17 gation, Brooklyn, New York, including restoration of

18 the pier and related navigation support structures, at

19 the Sixty-Ninth Street Pier.

20 SEC. 106. SMALL SHORELINE PROTECTION PROJECTS.

21 (a) PROJECT AUTHORIZATIONS.—The Secretary shall

22 conduct a study for each of the following projects, and if

23 the Secretary determines that the project is feasible, shall

24 carry out the project under section 3 of the Shoreline Protec25 tion Act of August 13, 1946 (33 U.S.C. 426g):
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1 (1) FAULKNER’S ISLAND, CONNECTICUT.—A

2 project for shoreline protection, Faulkner’s Island,

3 Connecticut.

4 (2) SYLVAN BEACH BREAKWATER, TOWN OF

5 VERONA, ONEIDA COUNTY, NEW YORK.—A project for

6 shoreline protection, Sylvan Beach Breakwater, town

7 of Verona, Oneida County, New York.

8 (b) COST SHARING AGREEMENT.—In carrying out the

9 project authorized by subsection (a)(1), the Secretary shall

10 enter into an agreement with the property owner of the

11 project to determine allocation of the project costs.

12 SEC. 107. SMALL BANK STABILIZATION AND BEACH ERO13 SION CONTROL PROJECT, WATSON ISLAND

14 PARK, MIAMI, FLORIDA.

15 The Secretary shall conduct a study for a project for

16 bank stabilization and beach erosion control, Watson Island

17 Park, Miami, Florida, and, if the Secretary determines that

18 the project is feasible, shall carry out the project under sec19 tion 14 of the Flood Control Act of 1946 (33 U.S.C. 701r)

20 and section 103 of the River and Harbor Act of 1962 (33

21 U.S.C. 426g).
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1 SEC. 108. SMALL SNAGGING AND SEDIMENT REMOVAL

2 PROJECT, MISSISSIPPI RIVER, LITTLE FALLS,

3 MINNESOTA.

4 The Secretary shall conduct a study for a project for

5 snagging and sediment removal, Mississippi River, Little

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

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

8 3 of the River and Harbor Act of March 2, 1945 (33 U.S.C.

9 603a; 59 Stat. 23).

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

11 CALIFORNIA.

12 The Secretary shall conduct a study for a project for

13 environmental restoration, Upper Truckee River, El Do14 rado County, California, including measures for restoration

15 of degraded wetlands and wildlife enhancement, and, if the

16 Secretary determines that the project is feasible, shall carry

17 out the project under section 1135 of the Water Resources

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

19 SEC. 110. MUSKINGUM RIVER, OHIO.

20 The Secretary shall conduct a study of the feasibility

21 of carrying out a major rehabilitation project for the locks

22 on the Muskingum River, Ohio, constructed under the Na23 tional Industrial Recovery Act and, if the Secretary deter24 mines that project is feasible, carry out the project.
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1 SEC. 111. PROJECT REAUTHORIZATIONS.

2 (a) GRAND PRAIRIE REGION AND BAYOU METO BASIN,

3 ARKANSAS.—The project for flood control, Grand Prairie

4 Region and Bayou Meto Basin, Arkansas, authorized by

5 section 204 of the Flood Control Act of 1950 (64 Stat. 174)

6 and deauthorized pursuant to section 1001(b)(1) of the

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

8 579a(b)(1)), is authorized to be carried out by the Sec9 retary.

10 (b) WHITE RIVER, ARKANSAS.—The project for navi11 gation, White River Navigation to Batesville, Arkansas, au12 thorized by section 601(a) of the Water Resources Develop13 ment Act of 1986 (100 Stat. 4139) and deauthorized by sec14 tion 52(b) of the Water Resources Development Act of 1988

15 (102 Stat. 4045), is authorized to be carried out by the Sec16 retary.

17 SEC. 112. CONTINUATION OF AUTHORIZATION OF CERTAIN

18 PROJECTS.

19 (a) GENERAL RULE.—Notwithstanding section 1001 of

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

21 579a), the following projects shall remain authorized to be

22 carried out by the Secretary:

23 (1) ONTONAGON HARBOR, ONTONAGON COUNTY,

24 MICHIGAN.—The project for navigation, Ontonagon

25 Harbor, Ontonagon County, Michigan, authorized by
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1 section 101 of the River and Harbor Act of 1962 (76

2 Stat. 1176).

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

4 for navigation, Alpena Harbor, Michigan, authorized

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

6 (79 Stat. 1090).

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

8 project for navigation, Cedar River Harbor, Michi9 gan, authorized by section 301 of the River and Har10 bor Act of 1965 (79 Stat. 1090).

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

12 project for navigation, Cross Village Harbor, Michi13 gan, authorized by section 101 of the River and Har14 bor Act of 1966 (80 Stat. 1405).

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

16 project for navigation, Knife River Harbor, Min17 nesota, authorized by section 100 of the Water Re18 sources Development Act of 1974 (88 Stat. 41).

19 (b) LIMITATION.—A project described in subsection (a)

20 shall not be authorized for construction after the last day

21 of the 5-year period that begins on the date of the enactment

22 of this Act unless, during such period, funds have been obli23 gated for the construction (including planning and design)

24 of the project.
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1 SEC. 113. REUSE OF WASTE WATER.

2 (a) IN GENERAL.—The Secretary is authorized to pro3 vide assistance to non-Federal interests for carrying out

4 projects described in subsection (c) for the beneficial reuse

5 of waste water. Such assistance may be in the form of tech6 nical, planning, design, and construction assistance. If the

7 Secretary is to provide any design or engineering assistance

8 to carry out a project under this section, the Secretary shall

9 obtain by procurement from private sources all services nec10 essary for the Secretary to provide such assistance, unless

11 the Secretary finds that—

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

13 technology unavailable in the private sector; or

14 (2) a solicitation or request for proposal has

15 failed to attract 2 or more bids or proposals.

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

17 of assistance provided under this section shall be 55 percent.

18 The non-Federal share shall be subject to the ability of the

19 non-Federal interest to pay, including the procedures and

20 regulations relating to ability to pay established under sec21 tion 103(m) of the Water Resources Development Act of

22 1986.

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

24 the Secretary is authorized to provide assistance under sub25 section (a) are as follows:
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1 (1) WEST DADE REGIONAL REUSE FACILITY,

2 FLORIDA.—The West Dade Regional reuse facility,

3 Florida, to increase water supply to the Everglades

4 National Park and associated natural systems.

5 (2) CHARLOTTE COUNTY, FLORIDA.—Charlotte

6 County, Florida, for aquifer storage and recovery of

7 reclaimed water.

8 (3) ALAMEDA COUNTY, CALIFORNIA.—Alameda

9 County Phase I waste water reclamation project serv10 ing the cities of Fremont, Union City, and Newark,

11 California.

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

13 Sunnyvale, California, Phase II water reclamation

14 project.

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

16 Alto, Phase I water reclamation project.

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

18 Bayside System Authority for Phase I of the Redwood

19 City-South Bayside System Authority water reclama20 tion program serving Redwood City, Menlo Park, and

21 San Carlos, California.

22 (d) AUTHORIZATION OF APPROPRIATIONS.—There is

23 authorized to be appropriated to carry out this section

24 $39,000,000. Such sums shall remain available until ex25 pended.
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1 SEC. 114. STUDIES.

2 (a) GILA RIVER, GILLESPIE DAM TO YUMA, ARI3 ZONA.—The Secretary shall conduct a study of the feasibil4 ity of implementing water conservation measures at the

5 Gila River, Gillespie Dam to Yuma, Arizona, including an

6 evaluation of the reoperation of Painted Rock Reservoir as

7 well as other structural and nonstructural features.

8 (b) NOGALES WASH AND TRIBUTARIES, ARIZONA.—

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

10 of the relationship of flooding in Nogales, Arizona,

11 and floodflows emanating from Mexico.

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

13 Congress a report on the results of the study con14 ducted under paragraph (1), together with rec15 ommendations concerning the appropriate level of

16 non-Federal participation in the project for flood con17 trol, Nogales Wash and tributaries, Arizona, author18 ized by section 101(a)(4) of the Water Resources De19 velopment Act of 1990 (104 Stat. 4606).

20 (c) LAKE ELSINORE, RIVERSIDE COUNTY, CALIFOR21 NIA.—The Secretary shall conduct a study of the advisabil22 ity of modifying the project for flood control, Lake Elsinore,

23 Riverside County, California, authorized pursuant to sec24 tion 205 of the Flood Control Act of 1948 (33 U.S.C. 701s),

25 in order to provide for water conservation storage up to

26 1249 feet mean sea level.
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1 (d) SANTA MONICA BREAKWATER, CALIFORNIA.—The

2 Secretary shall complete the feasibility study for the break3 water project, Santa Monica, California, and shall consider

4 as commercial benefits for purposes of section 119 of the

5 River and Harbor Act of 1970 benefits from reestablishment

6 of past charter fishing vessel accommodation activities

7 which existed in the area prior to damage of the breakwater

8 structure.

9 (e) YOLO BYPASS, SACRAMENTO-SAN JOAQUIN DELTA,

10 CALIFORNIA.—The Secretary shall study the advisability of

11 acquiring land in the vicinity of the Yolo Bypass in the

12 Sacramento-San Joaquin Delta, California, for the purpose

13 of environmental mitigation for the flood control project for

14 Sacramento, California, and other water resources projects

15 in the area.

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

17 ILLINOIS.—The Secretary shall conduct a study to deter18 mine the feasibility of making such structural repairs as

19 are necessary to prevent leakage through the Chicago Lock

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

21 the need for installing permanent flow measurement equip22 ment at such locks to measure any leakage.

23 (g) BEAUTY CREEK WATERSHED, VALPARAISO CITY,

24 PORTER COUNTY, INDIANA.—The Secretary shall conduct

25 a study to assess the feasibility of implementing streambank
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1 erosion control measures and flood control measures within

2 the Beauty Creek watershed, Valparaiso City, Porter Coun3 ty, Indiana.

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

5 COUNTY, INDIANA.—The Secretary shall conduct a study of

6 the feasibility of including environmental and recreational

7 features, including a vegetation buffer, as part of the project

8 for navigation, Indiana Harbor Canal, East Chicago, Lake

9 County, Indiana, authorized by the Rivers and Harbors

10 Appropriations Act of June 25, 1910 (36 Stat. 658).

11 (i) JEFFERSONVILLE, INDIANA.—

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

13 of the feasibility of carrying out major rehabilitation

14 of the levee at Jeffersonville, Indiana, authorized pur15 suant to section 4 of the Rivers and Harbors Act of

16 June 28, 1938 (52 Stat. 1217).

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

18 date of the enactment of this Act, the Secretary shall

19 transmit to Congress a report on the results of the

20 study conducted under paragraph (1).

21 (j) KNIGHT TOWNSHIP LEVEE, EVANSVILLE, INDI22 ANA.—

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

24 of the feasibility of carrying out major rehabilitation

25 of the Knight Township levee at Evansville, Indiana,
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1 authorized pursuant to section 4 of the Rivers and

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

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

4 date of the enactment of this Act, the Secretary shall

5 transmit to Congress a report on the results of the

6 study conducted under paragraph (1).

7 (k) KOONTZ LAKE, INDIANA.—The Secretary shall con8 duct a study of the feasibility of implementing measures

9 to restore Koontz Lake, Indiana, including measures to re10 move silt, sediment, nutrients, aquatic growth, and other

11 noxious materials from Koontz Lake, measures to improve

12 public access facilities to Koontz Lake, and measures to pre13 vent or abate the deposit of sediments and nutrients in

14 Koontz Lake.

15 (l) LITTLE CALUMET RIVER, INDIANA.—

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

17 of the impact of the project for flood control, Little

18 Calumet River, Indiana, authorized by section 401(a)

19 of the Water Resources Development Act of 1986 (100

20 Stat. 4115), on flooding and water quality in the vi21 cinity of the Black Oak area of Gary, Indiana.

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

23 date of the enactment of this Act, the Secretary shall

24 transmit to Congress a report on the results of the

25 study conducted under paragraph (1), together with
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1 recommendations for cost-effective remediation of im2 pacts described in paragraph (1).

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

4 cost of the study to be conducted under paragraph (1)

5 shall be 100 percent.

6 (m) ATCHAFALAYA RIVER, LOUISIANA.—The Secretary

7 shall conduct a study of possible floodproofing techniques

8 for the Atchafalaya River, Louisiana, including individual

9 levees, flood walls, and raising of structures, to protect riv10 erside facilities in the vicinity of Morgan City and Berwick,

11 Louisiana.

12 (n) CALCASIEU PARISH, LOUISIANA.—The Secretary

13 shall conduct a study of the economic, engineering, and en14 vironmental feasibility of providing additional water sup15 ply for Calcasieu Parish and vicinity in southwest Louisi16 ana, with a view toward providing for future regional in17 creases in municipal and industrial water demand and for

18 increasing agricultural production.

19 (o) CALCASIEU SHIP CHANNEL, HACKBERRY, LOUISI20 ANA.—The Secretary shall conduct a study to determine the

21 need for improved navigation and related support service

22 structures in the vicinity of the Calcasieu Ship Channel,

23 Hackberry, Louisiana.

24 (p) CROWLEY, LOUISIANA.—The Secretary shall con25 duct a study of the feasibility of implementing measures
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1 for controlling erosion on Bayou Blanc immediately down2 stream from the Louisiana State Highway Route 13 bridge

3 crossing.

4 (q) RIVER DES PERES, SAINT LOUIS COUNTY, MIS5 SOURI.—In conducting the feasibility study of potential

6 flood control measures for the River Des Peres, Saint Louis

7 County, Missouri, the Secretary shall include potential

8 storm water runoff and related improvements and shall co9 operate with the Metropolitan Saint Louis Sewer District.

10 (r) PORT OF NEW YORK-NEW JERSEY.—

11 (1) STUDY OF MEASURES TO REDUCE SEDIMENT

12 DEPOSITION.—The Secretary shall conduct a study of

13 measures that could be used to reduce sediment depo14 sition in the vicinity of the Port of New York-New

15 Jersey for the purpose of reducing the volumes to be

16 dredged for navigation projects in the Port.

17 (2) DREDGED MATERIAL DISPOSAL STUDY.—The

18 Secretary shall conduct a study to determine the fea19 sibility of constructing and operating an underwater

20 confined dredged material disposal site in the Port of

21 New York-New Jersey which could accommodate as

22 much as 250,000 cubic yards of dredged materials for

23 the purpose of demonstrating the feasibility of under24 water confined disposal pit as an environmentally

25 suitable method of containing certain sediments.
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1 (3) REPORT.—The Secretary shall transmit to

2 Congress a report on the results of the studies con3 ducted under this subsection, together with any rec4 ommendations of the Secretary concerning reduction

5 of sediment deposition referred to in paragraph (1).

6 (s) MAUMEE RIVER, OHIO.—The Secretary shall study

7 the feasibility of realigning and extending the Federal chan8 nel, Maumee River, Lucas County, Ohio.

9 (t) SNAKE AND COLUMBIA RIVERS, OREGON, WASH10 INGTON, AND IDAHO.—

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

12 to assess the authority of the Secretary to implement

13 salmon protection measures in operating dams on the

14 Snake and Columbia Rivers, Oregon, Washington,

15 and Idaho.

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

17 date of the enactment of this Act, the Secretary shall

18 transmit to Congress a report on the results of the

19 study conducted under paragraph (1), including rec20 ommendations for any additional authority needed to

21 implement such protection measures.

22 (u) COWANESQUE LAKE, PENNSYLVANIA.—

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

24 on whether the contract entered into between Penn25 sylvania Power & Light/General Public Utilities and
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1 the Secretary for the use of water in Cowanesque

2 Lake, Pennsylvania, authorized by section 203 of the

3 Flood Control Act of 1958 (72 Stat. 306–307) was

4 consistent with applicable law, including section 301

5 of the Water Supply Act of 1958 (43 U.S.C. 390b; 72

6 Stat. 319–320).

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

8 date of the enactment of this Act, the Secretary shall

9 transmit to Congress a report on the results of the

10 study conducted under paragraph (1), including an

11 estimate of overpayments and underpayments paid by

12 the utilities under the contract.

13 (v) CUMBERLAND RIVER, DAVIDSON COUNTY, TEN14 NESSEE.—

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

16 of the benefits of establishing a greenway along the

17 Cumberland River, Davidson County, Tennessee.

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

19 date of the enactment of this Act, the Secretary shall

20 transmit to Congress a report on the results of the

21 study conducted under paragraph (1).

22 (w) JOHN H. KERR AND PHILPOTT RESERVOIRS, VIR23 GINIA AND NORTH CAROLINA.—The Secretary shall conduct

24 a study of the advisability of modifying the multi-purpose

25 project for the John H. Kerr and Philpott Reservoirs, Vir-
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1 ginia and North Carolina, authorized by section 10 of the

2 Flood Control Act of December 22, 1944 (58 Stat. 894)—

3 (1) to include environmental enhancement, pub4 lic recreational opportunities, regional economic de5 velopment, and increased public participation in

6 shoreline management as management goals of the

7 project; and

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

9 for operation, maintenance, and capital improve10 ments for the project.

11 SEC. 115. PROJECT DEAUTHORIZATIONS.

12 (a) IN GENERAL.—The following projects are not au13 thorized after the date of the enactment of this Act:

14 (1) BRIDGEPORT HARBOR, CONNECTICUT.—The

15 following portion of the project for navigation,

16 Bridgeport Harbor, Connecticut, authorized by sec17 tion 101 of the River and Harbor Act of 1958 (72

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

19 6 feet at the head of Johnsons River between the exist20 ing Federal channel and Hollisters Dam.

21 (2) JOHNSONS RIVER CHANNEL, BRIDGEPORT

22 HARBOR, CONNECTICUT.—The following portion of the

23 project for navigation, Johnsons River Channel,

24 Bridgeport Harbor, Connecticut, authorized by the

25 first section of the Rivers and Harbors Act of July 24,
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1 1946 (60 Stat. 634): Northerly of a line across the

2 Federal channel. The coordinates of such line are N

3 123318.35, E 486301.68 and N 123257.15, E

4 486380.77.

5 (3) SOUTHPORT HARBOR, CONNECTICUT.—

6 (A) DEAUTHORIZATION PORTION OF

7 PROJECT.—The following portions of the project

8 for navigation, Southport Harbor, Connecticut,

9 authorized by the first section of the Rivers and

10 Harbors Act of August 30, 1935 (49 Stat. 1029):

11 (i) The 6-foot deep anchorage located

12 at the head of the project.

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

14 channel beginning at a bend in the channel

15 whose coordinates are north 109131.16, east

16 452653.32 running thence in a northeast17 erly direction about 943.01 feet to a point

18 whose coordinates are north 109635.22, east

19 453450.31 running thence in a southeast20 erly direction about 22.66 feet to a point

21 whose coordinates are north 109617.15, east

22 453463.98 running thence in a southwest23 erly direction about 945.18 feet to the point

24 of beginning.
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1 (B) REMAINDER.—The remaining portion

2 of the project referred to in subparagraph (A)

3 northerly of a line whose coordinates are north

4 108699.15, east 452768.36 and north 108655.66,

5 east 452858.73 shall be redesignated as an an6 chorage.

7 (4) FALMOUTH, MASSACHUSETTS.—The follow8 ing portions of the project for navigation, Falmouth

9 Harbor, Massachusetts, authorized by section 101 of

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

11 (A) The portion commencing at a point

12 north 199286.37 east 844394.81 a line running

13 north 73 degrees 09 minutes 24.6 seconds east

14 440.44 feet to a point north 199413.99 east

15 844816.36, thence turning and running north 43

16 degrees 09 minutes 34.5 seconds east 119.99 feet

17 to a point north 199501.52 east 844898.44,

18 thence turning and running south 66 degrees 52

19 minutes 04.4 seconds east 547.66 feet returning

20 to a point north 199286.37 east 844394.81.

21 (B) The portion commencing at a point

22 north 199647.42 east 845035.25 a line running

23 north 43 degrees 09 minutes 35.0 seconds east

24 767.14 feet to a point north 200207.01 east

25 845560.00, thence turning and running north 11
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1 degrees 04 minutes 24.3 seconds west 380.08 feet

2 to a point north 200580.01 east 845487.00,

3 thence turning and running north 22 degrees 05

4 minutes 50.8 seconds east 1332.36 feet to a point

5 north 201814.50 east 845988.21, thence turning

6 and running north 02 degrees 54 minutes 15.7

7 seconds east 15.0 feet to a point north 201829.48

8 east 845988.97, thence turning and running

9 south 23 degrees 36 minutes 31.9 seconds west

10 2381.38 feet returning to the point north

11 199647.42 east 845035.25.

12 (5) OSWEGATCHIE RIVER, OGDENSBURG NEW

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

14 project for navigation, Ogdensburg Harbor, New York,

15 authorized by the first section of the Rivers and Har16 bors Appropriations Act of June 25, 1910 (36 Stat.

17 635), as modified by the first section of the Rivers

18 and Harbors Act of August 30, 1935 (49 Stat. 1037),

19 which is in the Oswegatchie River in Ogdensburg,

20 New York, from the southernmost alignment of the

21 Route 68 bridge upstream to the northernmost align22 ment of the Lake Street bridge.

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

24 navigation Falmouth, Massachusetts, referred to in sub25 section (a)(4) upstream of a line designated by the 2 points
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1 north 199463.18 east 844496.40 and north 199350.36 east

2 844544.60 is redesignated as an anchorage area.

3 SEC. 116. NAMINGS.

4 (a) MILT BRANDT VISITORS CENTER, CALIFORNIA.—

5 (1) DESIGNATION.—The visitors center at Warm

6 Springs Dam, California, authorized by section 203

7 of the Flood Control Act of 1962 (76 Stat. 1192), shall

8 be known and designated as the ‘‘Milt Brandt Visitors

9 Center’’.

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

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

12 record of the United States to the visitors center re13 ferred to in paragraph (1) shall be deemed to be a ref14 erence to the ‘‘Milt Brandt Visitors Center’’.

15 (b) WILLIAM H. NATCHER BRIDGE, MACEO, KEN16 TUCKY, AND ROCKPORT, INDIANA.—

17 (1) DESIGNATION.—The bridge on United States

18 Route 231 which crosses the Ohio River between

19 Maceo, Kentucky, and Rockport, Indiana, shall be

20 known and designated as the ‘‘William H. Natcher

21 Bridge’’.

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

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

24 record of the United States to the bridge referred to
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1 in paragraph (1) shall be deemed to be a reference to

2 the ‘‘William H. Natcher Bridge’’.

3 (c) J. EDWARD ROUSH LAKE, INDIANA.—

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

5 River in Huntington and Wells Counties, Indiana,

6 authorized by section 203 of the Flood Control Act of

7 1958 (72 Stat. 312), and known as Huntington Lake,

8 shall be known and designated as the ‘‘J. Edward

9 Roush Lake’’.

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

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

12 record of the United States to the lake referred to in

13 paragraph (1) shall be deemed to be a reference to the

14 ‘‘J. Edward Roush Lake’’.

15 (d) RED RIVER WATERWAY, LOUISIANA.—

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

17 River Waterway, Louisiana, shall be known and des18 ignated as the ‘‘Russell B. Long Lock and Dam’’.

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

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

21 record of the United States to the lock and dam re22 ferred to in paragraph (1) shall be deemed to be a ref23 erence to the ‘‘Russell B. Long Lock and Dam’’.
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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 shall

11 transmit to Congress a report on specific measures

12 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 amend15 ed 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 collected

19 at any project under this subsection in a fiscal year

20 beginning after September 30, 1994, are expended in

21 the succeeding fiscal year at such project for operation

22 and maintenance of recreational facilities at such

23 project.’’.
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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 Act

11 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 authorized

23 to undertake flood control projects in the United States, sub24 ject to obtaining any permits required pursuant to Federal

25 and State laws, in advance of actual construction.

26 (b) STUDIES AND ENGINEERING.—
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1 (1) BY NON-FEDERAL INTERESTS.—A non-Fed2 eral interest may prepare, for review and approval by

3 the Secretary, the necessary studies and engineering

4 for any construction to be undertaken pursuant to

5 subsection (a).

6 (2) BY SECRETARY.—Upon request of an appro7 priate non-Federal interest, the Secretary may under8 take all necessary studies and engineering for any

9 construction to be undertaken pursuant to subsection

10 (a) and provide technical assistance in obtaining all

11 necessary permits for such construction if the non12 Federal interest contracts with the Secretary to fur13 nish the United States funds for the studies and engi14 neering during the period that the studies and engi15 neering will be conducted.

16 (c) COMPLETION OF STUDIES.—The Secretary is au17 thorized to complete and transmit to the appropriate non18 Federal interests any study for flood control which was ini19 tiated before the date of the enactment of this Act or, upon

20 the request of such non-Federal interests, to terminate the

21 study and transmit the partially completed study to such

22 non-Federal interests for completion. Studies subject to this

23 subsection shall be completed without regard to the require24 ments of subsection (b).

25 (d) AUTHORITY TO CARRY OUT IMPROVEMENT.—
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1 (1) IN GENERAL.—Any non-Federal interest

2 which has received from the Secretary pursuant to

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

4 carry out a flood control project or separable element

5 thereof based on the results of completed studies and

6 engineering for the project or element, may carry out

7 the project or element if a final environmental impact

8 statement has been filed for the project or element.

9 (2) PERMITS.—Any plan of improvement pro10 posed to be implemented in accordance with this sub11 section shall be deemed to satisfy the requirements for

12 obtaining the appropriate permits required under the

13 Secretary’s authority and such permits shall be grant14 ed subject to the non-Federal interest’s acceptance of

15 the terms and conditions of such permits if the Sec16 retary determines that the applicable regulatory cri17 teria and procedures have been satisfied.

18 (3) MONITORING.—The Secretary shall monitor

19 any project for which a permit is granted under this

20 subsection in order to ensure that such project is con21 structed (and, in those cases where such activities will

22 not be the responsibility of the Secretary, operated

23 and maintained) in accordance with the terms and

24 conditions of such permit.

25 (e) REIMBURSEMENT.—
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1 (1) GENERAL RULE.—Subject to appropriation

2 Acts, the Secretary is authorized to reimburse any

3 non-Federal interest an amount equal to the estimate

4 of the Federal share, without interest, of the cost of

5 any authorized flood control project, or separable ele6 ment thereof, constructed pursuant to this section—

7 (A) if, after authorization and before initi8 ation of construction of the project or separable

9 element, the Secretary approves the plans for

10 construction of such project by the non-Federal

11 interest; and

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

13 studies and engineering prepared pursuant to

14 this section, that construction of the project or

15 separable element is economically justified and

16 environmentally acceptable.

17 (2) MATTERS TO BE CONSIDERED IN REVIEWING

18 PLANS.—In reviewing plans under this subsection, the

19 Secretary shall consider budgetary and programmatic

20 priorities and other factors that the Secretary deems

21 appropriate.

22 (3) MONITORING.—The Secretary shall regularly

23 monitor and audit any project for flood control con24 structed under this section by a non-Federal interest

25 in order to ensure that such construction is in com-
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1 pliance with the plans approved by the Secretary and

2 that the costs are reasonable.

3 (4) LIMITATION ON REIMBURSEMENTS.—No re4 imbursement shall be made under this section unless

5 and until the Secretary has certified that the work for

6 which reimbursement is requested has been performed

7 in accordance with applicable permits and approved

8 plans.

9 SEC. 205. COLLABORATIVE RESEARCH AND DEVELOPMENT.

10 Section 7 of the Water Resources Development Act of

11 1988 (102 Stat. 4022–4023) is amended—

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

13 before ‘‘mission’’;

14 (2) by redesignating subsections (b), (c), (d), and

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

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

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

18 (4) by striking subsection (f), as so redesignated;

19 and

20 (5) by inserting after subsection (a) the following

21 new subsection:

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

23 TECHNOLOGY.—If the Secretary determines that informa24 tion developed as a result of research and development ac25 tivities conducted by the Corps of Engineers is likely to be
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1 subject to a cooperative research and development agreement

2 within 2 years of its development and that such information

3 would be a trade secret or commercial or financial informa4 tion that would be privileged or confidential if the informa5 tion had been obtained from a non-Federal party partici6 pating in a cooperative research and development agree7 ment under section 12 of the Stevenson-Wydler Technology

8 Innovation Act of 1980, the Secretary may provide appro9 priate protection against the dissemination of such infor10 mation, including exemption from subchapter II of chapter

11 5 of title 5, United States Code, until the earlier of the date

12 the Secretary enters into such an agreement with respect

13 to such technology or the last day of the 2-year period begin14 ning on the date of such determination. Any technology cov15 ered by this section which becomes the subject of a coopera16 tive research and development agreement shall be accorded

17 the protection provided under section 12(c)(7)(B) of such

18 Act (15 U.S.C. 3710a(c)(7)(B)) as if such technology had

19 been developed under a cooperative research and develop20 ment agreement.’’.

21 SEC. 206. NATIONAL INVENTORY OF DAMS.

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

23 is amended by striking the second sentence and inserting

24 the following: ‘‘There is authorized to be appropriated
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1 $500,000 for each fiscal year for the purpose of carrying

2 out this section.’’.

3 SEC. 207. MAINTENANCE, REHABILITATION, AND MOD4 ERNIZATION OF FACILITIES.

5 (a) IN GENERAL.—In accomplishing the maintenance,

6 rehabilitation, and modernization of hydroelectric power

7 generating facilities at water resources projects under the

8 jurisdiction of the Department of the Army, the Secretary

9 is authorized to increase the efficiency of energy production

10 and the capacity of these facilities if, after consulting with

11 other appropriate Federal and State agencies, the Secretary

12 determines that such uprating—

13 (1) is economically justified and financially fea14 sible;

15 (2) will not result in significant adverse effects

16 on the other purposes for which the project is author17 ized;

18 (3) will not result in significant adverse environ19 mental impacts; and

20 (4) will not involve major structural or oper21 ation changes in the project.

22 (b) LIMITATION ON STATUTORY CONSTRUCTION.—

23 Nothing in subsection (a) shall be construed as affecting the

24 authority of the Secretary and the Administrator of the
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1 Bonneville Power Administration under section 2406 of the

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

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

4 OPERATION AND MAINTENANCE COSTS.

5 (a) IN GENERAL.—At a water resources project where

6 the non-Federal interest is responsible for performing the

7 operation, maintenance, replacement, and rehabilitation of

8 the project and the Federal Government is responsible for

9 paying a portion of the operation, maintenance, replace10 ment, and rehabilitation costs, the Secretary may provide,

11 under terms and conditions acceptable to the Secretary and

12 the non-Federal interest, a payment of the estimated total

13 Federal share of such costs to the non-Federal interest after

14 completion of construction of the project or a separable ele15 ment thereof.

16 (b) DETERMINATION OF AMOUNT.—The amount to be

17 paid shall be equal to the present value of the Federal pay18 ments over the life of the project, as agreed by the Federal

19 Government and the non-Federal interest, and shall be com20 puted using an interest rate determined by the Secretary

21 of the Treasury taking into consideration current market

22 yields on outstanding marketable obligations of the United

23 States with maturities comparable to the remaining life of

24 the project.
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1 (c) AGREEMENT.—The Secretary may make a pay2 ment under this section only if the non-Federal interest has

3 entered into a binding agreement with the Secretary to per4 form the operation, maintenance, replacement, and reha5 bilitation of the project or separable element. The agreement

6 must be in accordance with the requirements of section 221

7 of the Flood Control Act of 1970 (84 Stat. 1831) and must

8 contain provisions specifying the terms and conditions

9 under which a payment may be made under this section

10 and the rights of, and remedies available to, the Federal

11 Government to recover all or a portion of a payment made

12 under this section in the event the non-Federal interest sus13 pends or terminates its performance of operation, mainte14 nance, replacement, and rehabilitation of the project or sep15 arable element or fails to perform such activities in a man16 ner consistent with the agreement between the Secretary and

17 the non-Federal interest.

18 (d) RELIEF FROM FUTURE OBLIGATIONS.—Except as

19 provided in subsection (c), a payment provided to the non20 Federal interest under this section shall relieve the Govern21 ment of any future obligations for paying any of the oper22 ation, maintenance, replacement, and rehabilitation costs

23 for the project or separable element.
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1 SEC. 209. LONG-TERM SEDIMENT MANAGEMENT STRATE2 GIES.

3 (a) DEVELOPMENT.—The Secretary shall enter into co4 operative agreements with non-Federal sponsors of naviga5 tion projects for development of long-term management

6 strategies for controlling sediments in such projects.

7 (b) CONTENTS OF STRATEGIES.—Each strategy devel8 oped under this section for a navigation project—

9 (1) shall include assessments of the following

10 with respect to the project: sediment rates and com11 position, sediment reduction options, dredging prac12 tices, long-term management of any dredged material

13 disposal facilities, remediation of such facilities, and

14 alternative disposal and reuse options;

15 (2) shall include a timetable for implementation

16 of the strategy; and

17 (3) shall incorporate, as much as possible, rel18 evant ongoing planning efforts, including remedial

19 action planning, dredged material management plan20 ning, harbor and waterfront development planning,

21 and watershed management planning.

22 (c) CONSULTATION.—In developing strategies under

23 this section, the Secretary shall consult with interested Fed24 eral agencies, States, and Indian tribes and the public.
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1 SEC. 210. EMERGENCY RESPONSE.

2 Section 5(a)(1) of the Act entitled ‘‘An Act authorizing

3 the construction of certain public works on rivers and har4 bors for flood control, and for other purposes’’, approved

5 August 18, 1941 (33 U.S.C. 701n(a)(1)), is amended by in6 serting before the first semicolon the following: ‘‘, or in im7 plementation of nonstructural alternatives to the repair or

8 restoration of such flood control work if requested by the

9 non-Federal sponsor’’.

10 SEC. 211. OBSTRUCTION REMOVAL REQUIREMENT.

11 (a) PENALTY.—Section 16 of the Act of March 3, 1899

12 (30 Stat. 1153; 33 U.S.C. 411), is amended—

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

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

15 (2) by striking ‘‘not exceeding twenty-five hun16 dred dollars nor less than five hundred dollars’’ and

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

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

19 March 3, 1899 (30 Stat. 1154; 33 U.S.C. 415), is amend20 ed—

21 (1) by striking ‘‘expense’’ the first place it ap22 pears in subsection (a) and inserting ‘‘actual expense,

23 including administrative expenses,’’;

24 (2) in subsection (b) by striking ‘‘cost’’ and in25 serting ‘‘actual cost, including administrative costs,’’;
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1 (3) by redesignating subsection (b) as subsection

2 (c); and

3 (4) by inserting after subsection (a) the following

4 new subsection:

5 ‘‘(b) REMOVAL REQUIREMENT.—Within 24 hours after

6 the Secretary of the Department in which the Coast Guard

7 is operating issues an order to stop or delay navigation in

8 any navigable waters of the United States because of condi9 tions related to the sinking or grounding of a vessel, the

10 owner or operator of the vessel, with the approval of the

11 Secretary of the Army, shall begin removal of the vessel

12 using the most expeditious removal method available or, if

13 appropriate, secure the vessel pending removal to allow

14 navigation to resume. If the owner or operator fails to begin

15 removal or to secure the vessel pending removal or fails to

16 complete removal as soon as possible, the Secretary of the

17 Army shall remove or destroy the vessel using the summary

18 removal procedures under subsection (a) of this section.’’.

19 SEC. 212. SMALL PROJECT AUTHORIZATIONS.

20 Section 14 of the Flood Control Act of 1946 (33 U.S.C.

21 701r) is amended—

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

23 ‘‘$15,000,000’’; and

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

25 ‘‘$1,500,000’’.
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1 SEC. 213. AQUATIC PLANT CONTROL.

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

3 (33 U.S.C. 610(b)) is amended by striking ‘‘$12,000,000’’

4 and inserting ‘‘$25,000,000’’.

5 SEC. 214. BENEFICIAL USES OF DREDGED MATERIAL.

6 Section 204(e) of the Water Resources Development Act

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

8 ‘‘$15,000,000’’ and inserting ‘‘$50,000,000’’.

9 SEC. 215. SEDIMENTS DECONTAMINATION TECHNOLOGY.

10 (a) PROJECT PURPOSE.—Section 405(a) of the Water

11 Resources Development Act of 1992 (106 Stat. 4863; 33

12 U.S.C. 2239 note) is amended by adding at the end the fol13 lowing:

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

15 project to be carried out under this section is to pro16 vide for the development of 1 or more sediment decon17 tamination technologies on a pilot scale demonstrat18 ing a capacity of at least 400 cubic yards per day.’’.

19 (b) AUTHORIZATION OF APPROPRIATIONS.—The first

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

21 as follows: ‘‘There is authorized to be appropriated to carry

22 out this section $5,000,000 for fiscal years 1993 and 1994

23 and $10,000,000 for fiscal years beginning after September

24 30, 1994.’’.

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

26 adding at the end the following:
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1 ‘‘(d) REPORTS.—Not later than September 30, 1996,

2 and periodically thereafter, the Administrator and the Sec3 retary shall transmit to Congress a report on the results

4 of the project to be carried out under this section, including

5 an assessment of the progress made in achieving the intent

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

7 SEC. 216. PROJECT DEAUTHORIZATIONS.

8 (a) IN GENERAL.—Section 1001(b)(2) of the Water Re9 sources Development Act of 1986 (33 U.S.C. 579a(b)(2)) is

10 amended—

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

12 second sentence and inserting ‘‘Upon’’; and

13 (2) by inserting ‘‘planning, designing, or’’ before

14 ‘‘construction’’ in the last sentence.

15 (b) TECHNICAL AMENDMENT.—Section 52 of the Water

16 Resources Development Act of 1988 (33 U.S.C. 579a note;

17 102 Stat. 4044) is amended—

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

19 (2) by redesignating subsections (b), (c), (d), and

20 (e) as subsections (a), (b), (c), and (d), respectively.

21 SEC. 217. FOREIGN TRAVEL.

22 Section 211 of the Flood Control Act of 1950 (64 Stat.

23 183) is repealed.
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1 SEC. 218. SUPPORT OF ARMY CIVIL WORKS PROGRAM.

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

3 and development in support of the civil works program of

4 the Department of the Army, the Secretary may utilize con5 tracts, cooperative research and development agreements,

6 cooperative agreements, and grants with non-Federal enti7 ties, including State and local governments, colleges and

8 universities, consortia, professional and technical societies,

9 public and private scientific and technical foundations, re10 search institutions, educational organizations, and non11 profit organizations.

12 (b) SPECIAL RULES.—With respect to contracts for re13 search and development, the Secretary may include require14 ments that have potential commercial application and may

15 also use such potential application as an evaluation factor

16 where appropriate.

17 SEC. 219. HOPPER DREDGE FLEET.

18 (a) IN GENERAL.—In order to more effectively manage

19 and protect the commercial viability of the Nation’s vital

20 deep draft seaports, the Secretary—

21 (1) shall conduct advanced maintenance suffi22 cient to ensure that authorized deep draft channel di23 mensions are continuously maintained;

24 (2) may conduct analysis and demonstration of

25 experimental maintenance dredging techniques or im26 proved environmental techniques in federally author-
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1 ized deep draft navigation channels in order to evalu2 ate the ability of such techniques to increase the reli3 ability of channel dimensions; except that any dredg4 ing undertaken pursuant to this paragraph shall be

5 limited and shall not replace or be substituted for

6 routine maintenance dredging;

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

8 utilize sediments dredged under paragraphs (1) and

9 (2) for beneficial purposes; and

10 (4) shall contract for private dredging services to

11 perform priority-expedited dredging work unless the

12 appropriate District Engineer of Corps of Engineers

13 determines that a Federal dredge can be brought on

14 scene more quickly or is operationally better suited to

15 undertake the work than any available non-Federal

16 dredge.

17 With respect to priority-expedited dredging work under18 taken under paragraph (4), the District Engineer shall em19 ploy innovative, expedited contracting procedures to ensure

20 a timely response. In the case of contract disputes, the Dis21 trict Engineer is authorized to employ whatever measures

22 are necessary to accomplish the priority-expedited dredging

23 work.

24 (b) HOPPER DREDGE FLEET REQUIREMENTS.—In

25 order to ensure the continued viability of the Federal hopper
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1 dredge fleet and private industry hopper dredge fleet, the

2 Secretary—

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

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

5 maintain the Federal minimum hopper dredge fleet

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

7 1995 in a fully operational and active status;

8 (2) may undertake measures to maintain or im9 prove the efficiency, operation, and design of the Fed10 eral hopper dredge fleet; and

11 (3) shall, for fiscal years beginning in fiscal year

12 1995 and ending in fiscal year 1998, advertise for

13 competitive bid at least 7,500,000 cubic yards of hop14 per dredge work formerly accomplished by the Gov15 ernment fleet in years preceding fiscal year 1992 con16 sistent with the policies developed by the Secretary to

17 implement the requirements of section 106 of the En18 ergy and Water Development Appropriations Act,

19 1993 (106 Stat. 1326) and section 106 of the Energy

20 and Water Development Appropriations Act, 1994

21 (107 Stat. 1320); except that (A) hopper dredge work

22 which results from activities undertaken in accord23 ance with subsection (a)(1) or (a)(2) shall be adver24 tised for competitive bid and shall not be counted to25 ward the 7,500,000 cubic yards required to be adver-
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1 tised by this paragraph; and (B) operation of the

2 Corps of Engineers hopper dredge fleet resulting from

3 activities undertaken in accordance with subsections

4 (a)(2) and (a)(4) shall not be used to determine days

5 of operation of the Corps of Engineers hopper dredge

6 fleet necessary to achieve the 7,500,000 cubic yards re7 quired to be advertised by this paragraph.

8 (c) PRIORITY-EXPEDITED DREDGING WORK DE9 FINED.—For purposes of this section, the term ‘‘priority10 expedited dredging work’’ means work necessary to main11 tain a federally authorized deep draft navigation channel

12 at project dimensions whenever the appropriate District

13 Engineer of the Corps of Engineers determines that silta14 tion, sedimentation, or other events altering channel dimen15 sions has caused, or is anticipated to cause, imminent im16 pairment of ongoing commercial navigation.

17 (d) USE OF CORPS DREDGE FLEET.—Notwithstand18 ing the provisions of this section, the Secretary is author19 ized to use the dredge fleet of the Corps of Engineers to un20 dertake projects when industry does not perform as required

21 by the contract specifications or when the bids are more

22 than 25 percent in excess of what the Secretary determines

23 to be a fair and reasonable estimated cost of a well-equipped

24 contractor doing the work or to respond to emergency re25 quirements.
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1 SEC. 220. RESTORATION OF ENVIRONMENTAL QUALITY.

2 Section 1135 of the Water Resources Development Act

3 of 1986 (100 Stat. 4251–4252; 33 U.S.C. 2309a) is amend4 ed—

5 (1) by striking the period at the end of sub6 section (a) and inserting the following: ‘‘and to deter7 mine if the operation of such projects has contributed

8 to the degradation of the quality of the environment.’’;

9 (2) by striking the last 2 sentences of subsection

10 (b);

11 (3) by redesignating subsections (c), (d), and (e)

12 as subsections (e), (f), and (g), respectively; and

13 (4) by inserting after subsection (b) the following

14 new subsections:

15 ‘‘(c) RESTORATION OF ENVIRONMENTAL QUALITY.—If

16 the Secretary determines that operation of a water resources

17 project constructed by the Secretary has contributed to the

18 degradation of the quality of the environment, the Secretary

19 may undertake measures for restoration of environmental

20 quality if such measures are feasible and consistent with

21 the authorized project purposes.

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

23 FEDERAL EXPENDITURE.—The non-Federal share of the

24 cost of any modifications or measures carried out or under25 taken pursuant to subsection (b) or (c) of this section shall

26 be 25 percent. Not more than 80 percent of the non-Federal
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1 share may be in kind, including a facility, supply, or serv2 ice that is necessary to carry out the modification. No more

3 than $5,000,000 in Federal funds may be expended on any

4 single modification or measure carried out or undertaken

5 pursuant to this section.’’.

6 SEC. 221. COST SHARING FOR CREATION OF DREDGED MA7 TERIAL DISPOSAL AREAS.

8 (a) FEDERAL SHARE.—Section 101(b) of the Water

9 Resources Development Act of 1986 (33 U.S.C. 2211(b)) is

10 amended—

11 (1) by inserting ‘‘(1) IN GENERAL.—’’ before

12 ‘‘The Federal share’’;

13 (2) by indenting and moving paragraph (1), as

14 so designated, 2 ems to the right; and

15 (3) by adding at the end the following:

16 ‘‘(2) CONFINED DISPOSAL FACILITIES.—The Fed17 eral share of the cost of project features that are nec18 essary for the creation of dredged material disposal

19 areas, including capping, retaining dikes, bulkheads,

20 embankments, and associated structures, shall be de21 termined in accordance with subsection (a)(1).’’.

22 (b) CONFORMING AMENDMENTS.—Section 101 of such

23 Act (33 U.S.C. 2211) is amended—

24 (1) in the second sentence of subsection (a)(2)—
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1 (A) by inserting ‘‘and’’ after ‘‘rights-of2 way,’’; and

3 (B) by striking ‘‘, and dredged material dis4 posal areas’’;

5 (2) in subsection (a)(3)—

6 (A) by inserting ‘‘and’’ after ‘‘rights-of7 way,’’; and

8 (B) by striking ‘‘, and dredged material dis9 posal areas’’ and inserting ‘‘, including those re10 quired for dredged material disposal areas,’’; and

11 (3) in subsection (e)(1) by striking ‘‘, and to pro12 vide dredged material disposal areas’’.

13 SEC. 222. LOSS OF LIFE PREVENTION.

14 Section 904 of the Water Resources Development Act

15 of 1986 (33 U.S.C. 2281) is amended by inserting ‘‘includ16 ing the loss of life which may be associated with flooding

17 and coastal storm events,’’ after ‘‘costs,’’.

18 SEC. 223. SENSE OF CONGRESS; REQUIREMENT REGARDING

19 NOTICE.

20 (a) PURCHASE OF AMERICAN-MADE EQUIPMENT AND

21 PRODUCTS.—It is the sense of Congress that, to the greatest

22 extent practicable, all equipment and products purchased

23 with funds made available under this Act should be Amer24 ican-made.
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1 (b) NOTICE TO RECIPIENTS OF ASSISTANCE.—In pro2 viding financial assistance under this Act, the Secretary,

3 to the greatest extent practicable, shall provide to each re4 cipient of the assistance a notice describing the statement

5 made in subsection (a).

6 SEC. 224. RESERVOIR MANAGEMENT TECHNICAL ADVISORY

7 COMMITTEE.

8 Section 310 of the Water Resources Development Act

9 of 1990 (33 U.S.C. 2319; 104 Stat. 4639) is amended—

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

11 (2) by striking ‘‘(b) PUBLIC PARTICIPA12 TION.—’’.

13 SEC. 225. TECHNICAL CORRECTIONS.

14 (a) SECTION 203 OF 1992 ACT.—Section 203(b) of the

15 Water Resources Development Act of 1992 (106 Stat. 4826)

16 is amended by striking ‘‘(8662)’’ and inserting ‘‘(8862)’’.

17 (b) SECTION 225 OF 1992 ACT.—Section 225(c) of the

18 Water Resources Development Act of 1992 (106 Stat. 4838)

19 is amended by striking ‘‘(8662)’’ in the second sentence and

20 inserting ‘‘(8862)’’.
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1 TITLE III—MISCELLANEOUS

2 PROVISIONS

3 SEC. 301. WATERSHED MANAGEMENT, RESTORATION, AND

4 DEVELOPMENT.

5 (a) IN GENERAL.—The Secretary is authorized to pro6 vide technical, planning, and design assistance to non-Fed7 eral interests for carrying out watershed management, res8 toration, and development projects at the locations described

9 in subsection (d).

10 (b) SPECIFIC MEASURES.—Projects carried out pursu11 ant to subsection (a) may include the following purposes:

12 (1) Management and restoration of water qual13 ity.

14 (2) Control and remediation of toxic sediments.

15 (3) Restoration of degraded streams, rivers, wet16 lands, and other waterbodies to their natural state as

17 a means to control flooding, excessive erosion, and

18 sedimentation.

19 (4) Protection and restoration of watersheds, in20 cluding urban watersheds.

21 (c) NON-FEDERAL SHARE.—The non-Federal share of

22 the cost of a project for which assistance is provided under

23 this section shall be 50 percent.
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1 (d) PROJECT LOCATIONS.—The Secretary may provide

2 assistance under subsection (a) for projects at the following

3 locations:

4 (1) Colusa basin, California.

5 (2) Los Angeles River basin, California.

6 (3) Russian River watershed, California.

7 (4) Sacramento River watershed, California.

8 (5) Nancy Creek, Utoy Creek, and North Peach9 tree Creek and South Peachtree Creek basin, Georgia.

10 (6) Southern and eastern Kentucky.

11 (7) Lower Platte River watershed, Nebraska.

12 (8) Upper Potomac River watershed, Grant and

13 Mineral Counties, West Virginia.

14 (e) AUTHORIZATION OF APPROPRIATIONS.—There is

15 authorized to be appropriated to carry out this section

16 $50,000,000 for fiscal years beginning after September 30,

17 1994. Such sums shall remain available until expended.

18 SEC. 302. LAKES PROGRAM.

19 Section 602(a) of the Water Resources Development

20 Act of 1986 (100 Stat. 4148–4149) is amended—

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

22 (10);

23 (2) by striking the period at the end of para24 graph (11) and inserting a semicolon; and

25 (3) by adding at the end the following:
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1 ‘‘(12) Oneida Lake, Oneida County, New York,

2 removal of silt and aquatic growth;

3 ‘‘(13) Skaneateles and Owasco Lakes, New York,

4 removal of silt and aquatic growth and prevention of

5 sediment deposit; and

6 ‘‘(14) Twin Lakes, Paris, Illinois, removal of silt

7 and excess aquatic vegetation, including measures to

8 address excessive sedimentation, high nutrient con9 centration, and shoreline erosion.’’.

10 SEC. 303. ENVIRONMENTAL INFRASTRUCTURE.

11 Section 219(d) of the Water Resources Development

12 Act of 1992 (106 Stat. 4836) is amended by striking

13 ‘‘$5,000,000’’ and inserting ‘‘$50,000,000’’.

14 SEC. 304. ENVIRONMENTAL DREDGING.

15 Section 312 of the Water Resources Development Act

16 of 1990 (104 Stat. 4639–4640) is amended—

17 (1) in each of subsections (a), (b), and (c) by in18 serting ‘‘and remediate’’ after ‘‘remove’’ each place it

19 appears;

20 (2) in subsection (b)(1) by inserting ‘‘and reme21 diation’’ after ‘‘removal’’ each place it appears;

22 (3) in subsection (b)(2) by striking

23 ‘‘$10,000,000’’ and inserting ‘‘$50,000,000’’; and

24 (4) by striking subsection (f).
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1 SEC. 305. CHESAPEAKE BAY RESTORATION AND PROTEC2 TION PROGRAM.

3 (a) ESTABLISHMENT.—

4 (1) IN GENERAL.—The Secretary shall establish

5 a pilot program to provide assistance to non-Federal

6 interests in the Chesapeake Bay watershed.

7 (2) FORM.—The assistance shall be in the form

8 of technical, planning, and design assistance for

9 water-related environmental infrastructure and re10 source protection and development projects affecting

11 the Chesapeake Bay, including projects for sediment

12 and erosion control, protection of eroding shorelines,

13 protection of essential public works, waste water

14 treatment and related facilities, water supply and re15 lated facilities, and beneficial uses of dredged mate16 rial, and other related projects.

17 (b) PUBLIC OWNERSHIP REQUIREMENT.—The Sec18 retary may provide assistance for a project under this sec19 tion only if the project is publicly owned, and will be pub20 licly operated and maintained.

21 (c) LOCAL COOPERATION AGREEMENT.—

22 (1) IN GENERAL.—Before providing assistance

23 under this section, the Secretary shall enter into a

24 local cooperation agreement pursuant to section 221

25 of the Flood Control Act of 1970 (84 Stat. 1818) with
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1 a non-Federal interest to provide for technical, plan2 ning, and design assistance for the project.

3 (2) REQUIREMENTS.—Each local cooperation

4 agreement entered into under this subsection shall

5 provide for the following:

6 (A) PLAN.—Development by the Secretary,

7 in consultation with appropriate Federal, State,

8 and local officials, of a plan, including appro9 priate engineering plans and specifications and

10 an estimate of expected benefits.

11 (B) LEGAL AND INSTITUTIONAL STRUC12 TURES.—Establishment of such legal and insti13 tutional structures as are necessary to ensure the

14 effective long-term operation and maintenance of

15 the project by the non-Federal interest.

16 (d) APPLICABILITY OF OTHER FEDERAL AND STATE

17 LAWS AND AGREEMENTS.—

18 (1) IN GENERAL.—Nothing in this section

19 waives, limits, or otherwise affects the applicability of

20 any provision of Federal or State law that would oth21 erwise apply to a project carried out with assistance

22 provided under this section.

23 (2) COOPERATION.—In carrying out this section,

24 the Secretary shall cooperate with the heads of appro25 priate Federal agencies.
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1 (e) REPORT.—Not later than December 31, 1998, the

2 Secretary shall transmit to Congress a report on the results

3 of the program carried out under this section, together with

4 a recommendation concerning whether or not the program

5 should be implemented on a national basis.

6 (f) AUTHORIZATION OF APPROPRIATIONS.—There are

7 authorized to be appropriated to carry out this section

8 $10,000,000 for fiscal year 1995. Such sums shall remain

9 available until expended.

10 SEC. 306. SAINT LAWRENCE SEAWAY COLLECTION OF

11 TOLLS.

12 Section 13 of the Act of May 13, 1954 (33 U.S.C. 988a)

13 is amended to read as follows:

14 ‘‘SEC. 13. WAIVER OF COLLECTION OF CHARGES AND

15 TOLLS.

16 ‘‘(a) WAIVER.—Notwithstanding section 12 or any

17 other provision of law, the Corporation shall not collect any

18 charge or toll established pursuant to section 12 with respect

19 to a commercial vessel (as defined by section 4462(a)(4) of

20 the Internal Revenue Code of 1986).

21 ‘‘(b) RECORD.—The Corporation shall maintain a

22 record of the annual amount of each charge or toll that

23 would have been collected with respect to a commercial ves24 sel described in subsection (a) but for the requirement of

25 subsection (a).’’.
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1 SEC. 307. RIVER BASIN PLAN FOR LOWER MISSISSIPPI.

2 (a) DEVELOPMENT.—The Secretary shall develop a

3 comprehensive river basin management plan that addresses

4 the long-term ecological, economic, and flood control needs

5 of the basin of the Lower Mississippi River system.

6 (b) AUTHORIZATION OF APPROPRIATIONS.—There is

7 authorized to be appropriated to carry out this section

8 $5,000,000 for fiscal years beginning after September 30,

9 1994. Such sums shall remain available until expended.

10 SEC. 308. EXTENSION OF JURISDICTION OF MISSISSIPPI

11 RIVER COMMISSION.

12 The jurisdiction of the Mississippi River Commission,

13 established by the Act of June 29, 1879 (33 U.S.C. 641),

14 is extended to include all of the area between the eastern

15 side of the Bayou Lafourche Ridge from Donaldsonville,

16 Louisiana, to the Gulf of Mexico and the west guide levee

17 of the Mississippi River from Donaldsonville, Louisiana, to

18 the Gulf of Mexico.

19 SEC. 309. GREAT LAKES DREDGED MATERIAL TESTING AND

20 EVALUATION MANUAL.

21 The Secretary, in cooperation with the Administrator

22 of the Environmental Protection Agency, shall provide tech23 nical assistance to non-Federal interests on testing proce24 dures contained in the Great Lakes Dredged Material Test25 ing and Evaluation Manual developed pursuant to section

26 230.2(c) of title 40, Code of Federal Regulations.
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1 SEC. 310. GREAT LAKES SEDIMENT REDUCTION.

2 (a) GREAT LAKES TRIBUTARY SEDIMENT TRANSPORT

3 MODEL.—For each major river system or set of major river

4 systems depositing sediment into a Great Lakes federally

5 authorized commercial harbor, channel maintenance project

6 site, or Area of Concern, the Secretary, in consultation and

7 coordination with the Great Lakes States, shall develop a

8 tributary sediment transport model.

9 (b) REQUIREMENTS FOR MODELS.—In developing a

10 tributary sediment transport model under this section, the

11 Secretary shall—

12 (1) build upon data and monitoring infrastruc13 ture generated in earlier studies and programs of the

14 Great Lakes and their tributaries; and

15 (2) complete models for 30 major river systems

16 within the 5-year period beginning on the date of the

17 enactment of this Act.

18 SEC. 311. CONFINED DISPOSAL FACILITIES.

19 (a) ASSESSMENT.—The Secretary shall conduct an as20 sessment of the general conditions of confined disposal fa21 cilities in the Great Lakes.

22 (b) REPORT.—Not later than 3 years after the date

23 of the enactment of this Act, the Secretary shall transmit

24 to Congress a report on the results of the assessment con25 ducted under subsection (a), including the following:
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1 (1) A description of the cumulative effects of con2 fined disposal facilities in the Great Lakes.

3 (2) Recommendations for specific remediation

4 actions for each confined disposal facility in the

5 Great Lakes.

6 (3) An evaluation of, and recommendations for,

7 confined disposal facility management practices and

8 technologies to conserve capacity at such facilities and

9 to minimize adverse environmental effects at such fa10 cilities throughout the Great Lakes system.

11 SEC. 312. ALTERNATIVE TO ANNUAL PASSES.

12 (a) IN GENERAL.—The Secretary shall carry out a

13 project to evaluate the feasibility of implementing an alter14 native to the $25 annual pass that the Secretary currently

15 offers to users of recreation facilities at water resources

16 projects of the Corps of Engineers.

17 (b) ANNUAL PASS.—The project to be carried out

18 under this section shall include the establishment of an an19 nual pass which costs $10 or less for the use of recreation

20 facilities at Raystown Lake, Pennsylvania.

21 (c) REPORT.—Not later than December 31, 1997, the

22 Secretary shall transmit to Congress a report on the results

23 of the project carried out under this section, together with

24 recommendations concerning whether annual passes for in25 dividual projects should be offered on a nationwide basis.
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1 SEC. 313. RECREATION PARTNERSHIP INITIATIVE.

2 (a) IN GENERAL.—The Secretary shall promote Fed3 eral, non-Federal, and private sector cooperation in creat4 ing public recreation opportunities and developing the nec5 essary supporting infrastructure at water resources projects

6 of the Corps of Engineers.

7 (b) INFRASTRUCTURE IMPROVEMENTS.—

8 (1) RECREATION INFRASTRUCTURE IMPROVE9 MENTS.—In demonstrating the feasibility of the pub10 lic-private cooperative, the Secretary shall provide, at

11 Federal expense, such infrastructure improvements as

12 are necessary to support a potential private rec13 reational development at the Raystown Lake Project,

14 Pennsylvania, generally in accordance with the Mas15 ter Plan Update (1994) for the project.

16 (2) AGREEMENT.—The Secretary shall enter into

17 an agreement with an appropriate non-Federal public

18 entity to ensure that the infrastructure improvements

19 constructed by the Secretary on non-project lands

20 pursuant to paragraph (1) are transferred to and op21 erated and maintained by the non-Federal public en22 tity.

23 (3) AUTHORIZATION OF APPROPRIATIONS.—

24 There is authorized to be appropriated to carry out

25 this subsection $4,500,000 for fiscal years beginning
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1 after September 30, 1994. Such sums shall remain

2 available until expended.

3 (c) REPORT.—Not later than December 31, 1997, the

4 Secretary shall transmit to Congress a report on the results

5 of the cooperative efforts carried out under this section, in6 cluding the improvements required by subsection (b).

7 SEC. 314. WATER QUALITY PROJECTS.

8 Section 307(d) of the Water Resources Development

9 Act of 1992 (106 Stat. 4841) is amended by striking

10 ‘‘$70,000,000’’ and inserting ‘‘$100,000,000’’.

11 SEC. 315. NEW ENGLAND DIVISION HEADQUARTERS FACIL12 ITY.

13 (a) GENERAL AUTHORITY.—The Secretary may use

14 Plant Replacement and Improvement Program funds to de15 sign and construct a new headquarters facility for the New

16 England Division of the United States Army Corps of En17 gineers.

18 (b) AUTHORIZATION OF APPROPRIATIONS.—There is

19 authorized to be appropriated for fiscal years beginning

20 after September 30, 1994, $30,000,000 to carry out this sec21 tion.

22 SEC. 316. QUARANTINE FACILITY.

23 Section 108(c) of the Water Resources Development Act

24 of 1992 (106 Stat. 4816) is amended by striking

25 ‘‘$1,000,000’’ and inserting ‘‘$4,000,000’’.
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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 ex8 ceed an amount equal to the Federal share of the total

9 project cost to be used by the non-Federal interests to under10 take the work directly or by contract.’’.

11 SEC. 318. CALAVERAS COUNTY, CALIFORNIA.

12 The Secretary, in cooperation with Federal, State, and

13 local agencies, is authorized—

14 (1) to conduct investigations and surveys of the

15 watershed of the Lower Mokelume River in Calaveras

16 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.
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1 (b) REVISION OF LOCAL COOPERATION AGREEMENT.—

2 The Secretary shall revise the local cooperation agreement

3 for the project referred to in subsection (a) in order to take

4 into account the increase in the Federal participation in

5 such project pursuant to subsection (a).

6 (c) COST SHARING.—Nothing in this section shall be

7 construed to affect any cost-sharing requirement applicable

8 to the project referred to in subsection (a) under the Water

9 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 Development

15 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 County,

19 California, in developing appropriate public safety and ac20 cess improvements associated with that portion of Califor21 nia State Route 71 being relocated for the Prado Dam fea22 ture of the project authorized as part of the project for flood

23 control, Santa Ana River Mainstem, California, by section

24 401(a) of the Water Resources Development Act of 1986

25 (100 Stat. 4113).
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1 SEC. 322. SAN JOSE, CALIFORNIA.

2 (a) IN GENERAL.—The Secretary shall transfer funds

3 appropriated to carry out this section to the Administrator

4 of the Environmental Protection Agency for making grants

5 to the city of San Jose, California, and the Santa Clara

6 Valley Water District, San Jose, California, to promote and

7 implement the use of treated waste water for critical water

8 supply purposes and for the protection of San Francisco

9 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
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1 funds are made available to the Secretary to carry out this

2 section.

3 (e) COST SHARING.—The Federal share of the cost of

4 a project carried out under this section shall be 55 percent.

5 Other Federal funds may be contributed to the project, and

6 the non-Federal sponsors shall receive credit for lands, ease7 ments, rights-of-way, and relocations toward its share of

8 project costs. Operation and maintenance costs shall be 100

9 percent non-Federal.

10 (f) AUTHORIZATION OF APPROPRIATIONS.—There is

11 authorized to be appropriated to the Secretary to carry out

12 this section $71,500,000. Such sums shall remain available

13 until expended and shall be in addition to and not in lieu

14 of any other amounts authorized to be appropriated under

15 any other Act, including title II of the Federal Water Pollu16 tion Control Act.

17 SEC. 323. TAMPA, FLORIDA.

18 The Secretary may enter into a cooperative agreement

19 under section 218 of this Act with the Museum of Science

20 and Industry, Tampa, Florida, to provide technical, plan21 ning, and design assistance to demonstrate the water qual22 ity functions found in wetlands, at an estimated total Fed23 eral cost of $500,000.
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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 coopera4 tion with other interested Federal, State, and local agencies

5 and private citizens, shall study, and prepare a comprehen6 sive master plan for the management of, the Kankakee

7 River Basin, Illinois. The study shall focus primarily on

8 basinwide management methods for flood damage reduc9 tion, environmental enhancement, and erosion control and

10 may evaluate water quality, land use management, and

11 other related topics.

12 (b) FEASIBILITY REPORT.—Not later than 30 months

13 after the date of completion of the study and plan under

14 subsection (a), the Secretary shall prepare, in accordance

15 with section 905 of the Water Resources Development Act

16 of 1986 (33 U.S.C. 2282), a feasibility report concerning

17 the measures described in the plan.

18 (c) AUTHORIZATION OF APPROPRIATIONS.—There are

19 authorized to be appropriated $500,000 for the study and

20 preparation of the plan required under subsection (a) and

21 such sums as may be necessary to prepare the feasibility

22 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 Ag-
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1 riculture, shall develop a watershed management plan for

2 the Deep River Basin, Indiana, which includes Deep River,

3 Lake George, Turkey Creek, and other related tributaries

4 in Indiana.

5 (b) CONTENTS.—The plan to be developed by the Sec6 retary under subsection (a) shall address specific concerns

7 related to the Deep River Basin area, including sediment

8 flow into Deep River, Turkey Creek, and other tributaries;

9 control of sediment quality in Lake George; flooding prob10 lems; the safety of the Lake George Dam; and watershed

11 management.

12 SEC. 326. RESTORATION PROJECTS FOR MARYLAND, PENN13 SYLVANIA, WEST VIRGINIA, AND KENTUCKY.

14 The Secretary, in cooperation with Federal, State, and

15 local agencies, is authorized—

16 (1) to conduct investigations and surveys of the

17 watersheds of the North Branch of the Potomac River,

18 Maryland, Pennsylvania, and West Virginia; New

19 River, West Virginia; and Pond Creek, Kentucky; and

20 (2) to provide technical, planning, and design

21 assistance for abatement and mitigation of surface

22 water quality degradation caused by abandoned

23 mines and mining activity in the vicinity of such riv24 ers and creek.
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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 Development

6 Act of 1992.

7 SEC. 328. EROSION CONTROL MEASURES, SMITH ISLAND,

8 MARYLAND.

9 (a) IN GENERAL.—The Secretary shall implement ero10 sion control measures in the vicinity of Rhodes Point,

11 Smith Island, Maryland, at an estimated total Federal cost

12 of $450,000.

13 (b) IMPLEMENTATION ON EMERGENCY BASIS.—The

14 project under subsection (a) shall be carried out on an emer15 gency basis in view of the national, historic, and cultural

16 value of the island and in order to protect the Federal in17 vestment in infrastructure facilities.

18 (c) COST SHARING.—Cost sharing applicable to hurri19 cane and storm damage reduction shall be applicable to the

20 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 Coun25 ty, Maryland, pursuant to section 204 of the Water Re26 sources Development Act of 1992.
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1 SEC. 330. LAKE ST. CLAIRE, MICHIGAN.

2 The Secretary shall carry out a program to control

3 aquatic plants in Lake St. Claire, Michigan, under section

4 104(b) of the River and Harbor Act of 1958 (33 U.S.C.

5 610(b)).

6 SEC. 331. ST. JOHN’S BAYOU—NEW MADRID FLOODWAY.

7 The Secretary is directed to review the project for flood

8 control, St. John’s Bayou and New Madrid Floodway, Mis9 souri, authorized by section 401(a) of the Water Resources

10 Development Act of 1986 (100 Stat. 4118), to determine the

11 ability of the non-Federal interests to pay the project costs,

12 including operation and maintenance costs, in accordance

13 with section 103(m) of the Water Resources Development

14 Act of 1986 (33 U.S.C. 2213(m)) and in light of locally

15 prevailing conditions which would limit the ability of local

16 interests to participate as non-Federal project sponsors in

17 accordance with established cost-sharing formulas.

18 SEC. 332. DURHAM, NEW HAMPSHIRE.

19 The Secretary may enter into a cooperative agreement

20 under section 218 of this Act with the University of New

21 Hampshire to provide technical assistance for a water treat22 ment technology center addressing the needs of small com23 munities.
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1 SEC. 333. NEW YORK BIGHT AND HARBOR STUDY.

2 Section 326(f) of the Water Resources Development Act

3 of 1992 (106 Stat. 4851) is amended by striking

4 ‘‘$1,000,000’’ and inserting ‘‘$10,000,000’’.

5 SEC. 334. NEW YORK STATE CANAL SYSTEM.

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

7 make capital improvements to the New York State Canal

8 System.

9 (b) AGREEMENTS.—The Secretary shall, with the con10 sent of appropriate local and State entities, enter into such

11 arrangements, contracts, and leases with public and private

12 entities as may be necessary for the purposes of rehabilita13 tion, renovation, preservation, and maintenance of the New

14 York State Canal System and its related facilities, includ15 ing trailside facilities and other recreational projects along

16 the waterways of the canal system.

17 (c) NEW YORK STATE CANAL SYSTEM DEFINED.—In

18 this section, the term ‘‘New York State Canal System’’

19 means the Erie, Oswego, Champlain, and Cayuga-Seneca

20 Canals.

21 (d) FEDERAL SHARE.—The Federal share of the cost

22 of capital improvements under this section shall be 50 per23 cent.

24 (e) AUTHORIZATION OF APPROPRIATIONS.—There is

25 authorized to be appropriated to carry out this section
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1 $5,000,000 for fiscal years beginning after September 30,

2 1994. Such sums shall remain available until expended.

3 SEC. 335. NEW YORK CITY WATERSHED.

4 (a) ESTABLISHMENT.—

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

6 a program for providing environmental assistance to

7 non-Federal interests in the New York City Water8 shed.

9 (2) FORM.—Assistance provided under this sec10 tion may be in the form of design and construction

11 assistance for water-related environmental infrastruc12 ture and resource protection and development projects

13 in the New York City Watershed, including projects

14 for water supply, storage, treatment, and distribution

15 facilities, and surface water resource protection and

16 development.

17 (b) PUBLIC OWNERSHIP REQUIREMENT.—The Sec18 retary may provide assistance for a project under this sec19 tion only if the project is publicly owned.

20 (c) ELIGIBLE PROJECTS.—

21 (1) CERTIFICATION.—A project shall be eligible

22 for financial assistance under this section only if the

23 State director for the project certifies to the Secretary

24 that the project will contribute to the protection and
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1 enhancement of the quality or quantity of the New

2 York City water supply.

3 (2) SPECIAL CONSIDERATION.—In certifying

4 projects to the Secretary, the State director shall give

5 special consideration to those projects implementing

6 plans, agreements, and measures which preserve and

7 enhance the economic and social character of the wa8 tershed communities.

9 (3) PROJECT DESCRIPTIONS.—Projects eligible

10 for assistance under this section shall include the fol11 lowing:

12 (A) Implementation of intergovernmental

13 agreements for coordinating regulatory and

14 management responsibilities.

15 (B) Acceleration of whole farm planning to

16 implement best management practices to main17 tain or enhance water quality and to promote

18 agricultural land use.

19 (C) Acceleration of whole community plan20 ning to promote intergovernmental cooperation

21 in the regulation and management of activities

22 consistent with the goal of maintaining or en23 hancing water quality.

24 (D) Natural resources stewardship on public

25 and private lands to promote land uses that pre-
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1 serve and enhance the economic and social char2 acter of the watershed communities and protect

3 and enhance water quality.

4 (d) LOCAL COOPERATION AGREEMENTS.—Before pro5 viding assistance under this section, the Secretary shall

6 enter into a cooperative agreement with the State director

7 for the project to be carried out with such assistance.

8 (e) COST SHARING.—

9 (1) IN GENERAL.—Total project costs under each

10 local cooperation agreement entered into under this

11 section shall be shared at 75 percent Federal and 25

12 percent non-Federal. The non-Federal interest shall

13 receive credit for the reasonable costs of design work

14 completed by such interest prior to entering into a

15 local cooperation agreement with the Secretary for a

16 project. The Federal share may be in the form of

17 grants or reimbursements of project costs.

18 (2) INTEREST.—In the event of delays in the re19 imbursement of the non-Federal share of a project, the

20 non-Federal interest shall receive credit for reasonable

21 interest to provide the non-Federal share of a project’s

22 cost.

23 (3) LANDS, EASEMENTS, AND RIGHTS-OF-WAY

24 CREDIT.—The non-Federal interest shall receive credit

25 for lands, easements, rights-of-way, and relocations
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1 toward its share of project costs, including direct costs

2 associated with obtaining permits necessary for the

3 placement of such project on public owned or con4 trolled lands, but not to exceed 25 percent of total

5 project costs.

6 (4) OPERATION AND MAINTENANCE.—Operation

7 and maintenance costs for projects constructed with

8 assistance provided under this section shall be 100

9 percent non-Federal.

10 (f) APPLICABILITY OF OTHER FEDERAL AND STATE

11 LAWS.—Nothing in this section shall be construed to waive,

12 limit, or otherwise affect the applicability of any provision

13 of Federal or State law that would otherwise apply to a

14 project carried out with assistance provided under this sec15 tion.

16 (g) REPORT.—Not later than December 31, 2000, the

17 Secretary shall transmit to Congress a report on the results

18 of the program carried out under this section, together with

19 recommendations concerning whether such program should

20 be implemented on a national basis.

21 (h) NEW YORK CITY WATERSHED DEFINED.—For

22 purposes of this section, the term ‘‘New York City Water23 shed’’ means the land area within the counties of Delaware,

24 Greene, Schoharie, Ulster, Sullivan, Westchester, Putnam,
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1 and Duchess which contributes water to the water supply

2 system of New York City.

3 (i) AUTHORIZATION OF APPROPRIATIONS.—There is

4 authorized to be appropriated to carry out this section

5 $10,000,000 for fiscal years beginning after September 30,

6 1994.

7 SEC. 336. NORTHEASTERN OHIO.

8 The Secretary is authorized to provide technical assist9 ance to local interests for planning the establishment of a

10 regional water authority in northeastern Ohio to address

11 the water problems of the region. The Federal share of the

12 costs of such planning shall not exceed 75 percent.

13 SEC. 337. OHIO RIVER.

14 (a) CENTER FOR ENVIRONMENTAL STUDIES FOR

15 LARGE RIVERS.—The Secretary shall establish a Center for

16 Environmental Studies of Large Rivers at Jefferson Tech17 nical College, Ohio.

18 (b) STUDY.—

19 (1) COOPERATIVE AGREEMENT.—The Secretary

20 shall enter into a cooperative agreement with the Ohio

21 River Valley Water Sanitation Commission to develop

22 the necessary methodologies to make improvements in,

23 and assess the environmental health of, the Ohio

24 River.
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1 (2) REPORT.—Not later than December 31, 1996,

2 the Secretary shall submit a report to Congress on the

3 results of the study conducted under paragraph (1),

4 together with recommendations on reducing and

5 eliminating pollution in the Ohio River.

6 (c) AUTHORIZATION OF APPROPRIATIONS.—There is

7 authorized to be appropriated for fiscal years beginning

8 after September 30, 1994, $2,000,000 to carry out sub9 section (a) and $1,000,000 to carry out subsection (b).

10 SEC. 338. REMOVAL OR REMEDIATION OF CONTAMINATED

11 SEDIMENTS, MAHONING RIVER, OHIO AND

12 PENNSYLVANIA.

13 The Secretary shall remove or remediate contaminated

14 sediments from the Mahoning River, Northeast Ohio and

15 Western Pennsylvania, pursuant to section 312 of the Water

16 Resources Development Act of 1990 (33 U.S.C. 1252 note).

17 SEC. 339. COLUMBIA RIVER BASIN, OREGON.

18 The costs of measures undertaken to mitigate the ad19 verse effects on fish and wildlife of water resources projects

20 constructed by the Secretary within the McKenzie River

21 Sub-Basin within the Columbia River Basin, Oregon, shall

22 be allocated as provided in section 906 of the Water Re23 sources Development Act of 1986 (33 U.S.C. 2283).
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1 SEC. 340. SOUTH CENTRAL PENNSYLVANIA.

2 (a) IN GENERAL.—Section 313 of the Water Resources

3 Development Act of 1992 (106 Stat. 4845–4847) is amend4 ed—

5 (1) in the heading to subsection (c) by striking

6 ‘‘WITH SARCD COUNCIL’’;

7 (2) in subsection (c) by inserting ‘‘with State, re8 gional, and local officials, including, where applica9 ble,’’ after ‘‘consult’’;

10 (3) in subsection (d)(2)(A) by inserting ‘‘, where

11 applicable,’’ after ‘‘Council’’;

12 (4) in subsection (g)(1) by striking

13 ‘‘$17,000,000’’ and inserting ‘‘$50,000,000’’; and

14 (5) in subsection (h)(2) by striking ‘‘Bedford,

15 Blair, Cambria, Fulton, Huntingdon, and Somerset’’

16 and inserting ‘‘Armstrong, Bedford, Blair, Cambria,

17 Clearfield, Fayette, Franklin, Fulton, Huntingdon,

18 Indiana, Juniata, Mifflin, Somerset, Snyder, and

19 Westmoreland’’.

20 (b) COST SHARING.—Section 313(d)(3) of the Water

21 Resources Development Act of 1992 (106 Stat. 4846) is

22 amended to read as follows:

23 ‘‘(3) COST SHARING.—

24 ‘‘(A) IN GENERAL.—Total project costs

25 under each local cooperation agreement entered

26 into under this subsection shall be shared at 75
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1 percent Federal and 25 percent non-Federal. The

2 non-Federal interest shall receive credit for the

3 reasonable costs of design work completed by

4 such interest prior to entering into a local co5 operation agreement with the Secretary for a

6 project. The Federal share may be in the form of

7 grants or reimbursements of project costs.

8 ‘‘(B) INTEREST.—In the event of delays in

9 the reimbursement of the non-Federal share of a

10 project, the non-Federal interest shall receive

11 credit for reasonable interest to provide the non12 Federal share of a project’s cost.

13 ‘‘(C) LANDS, EASEMENTS, AND RIGHTS-OF14 WAY CREDIT.—The non-Federal interest shall re15 ceive credit for lands, easements, rights-of-way,

16 and relocations toward its share of project costs,

17 including direct costs associated with obtaining

18 permits necessary for the placement of such

19 project on public owned or controlled lands, but

20 not to exceed 25 percent of total project costs.

21 ‘‘(D) OPERATION AND MAINTENANCE CRED22 IT.—Operation and maintenance costs for

23 projects constructed with assistance provided

24 under this section shall be 100 percent non-Fed25 eral.’’.
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1 SEC. 341. BROAD TOP REGION OF PENNSYLVANIA.

2 Section 304(c) of the Water Resources Development Act

3 of 1992 (106 Stat. 4840) is amended by striking

4 ‘‘$5,500,000’’ and inserting ‘‘$11,000,000’’.

5 SEC. 342. HOPPER DREDGE MCFARLAND.

6 (a) PROJECT AUTHORIZATION.—The Secretary shall

7 carry out a project at the Philadelphia Naval Shipyard,

8 Pennsylvania, to make modernization and efficiency im9 provements to the hopper dredge McFarland.

10 (b) REQUIREMENTS.—In carrying out the project

11 under subsection (a), the Secretary shall—

12 (1) determine whether the McFarland should be

13 returned to active service or the reserve fleet after the

14 project is completed; and

15 (2) establish minimum standards of dredging

16 service to be met in areas served by the McFarland

17 while the drydocking is taking place.

18 (c) AUTHORIZATION OF APPROPRIATIONS.—There is

19 authorized to be appropriated to carry out this section

20 $20,000,000 for fiscal years beginning after September 30,

21 1994.

22 SEC. 343. SEVEN POINTS VISITORS CENTER, RAYSTOWN

23 LAKE, PENNSYLVANIA.

24 (a) IN GENERAL.—The Secretary shall construct a

25 visitors center and related public use facilities at the Seven

26 Points Recreation Area at Raystown Lake, Pennsylvania,
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1 generally in accordance with the Master Plan Update

2 (1994) for the Raystown Lake Project.

3 (b) AUTHORIZATION OF APPROPRIATIONS.—There is

4 authorized to be appropriated to carry out this section

5 $1,500,000. Such sums shall remain available until ex6 pended.

7 SEC. 344. BLACKSTONE RIVER VALLEY, RHODE ISLAND, AND

8 MASSACHUSETTS.

9 (a) IN GENERAL.—The Secretary, in coordination

10 with Federal, State, and local interests, shall provide tech11 nical, planning, and design assistance in the development

12 and restoration of the Blackstone River Valley National

13 Heritage Corridor, Rhode Island, and Massachusetts.

14 (b) FEDERAL SHARE.—Funds made available under

15 this section for planning and design of a project may not

16 exceed 75 percent of the total cost of such planning and

17 design.

18 SEC. 345. EARTHQUAKE PREPAREDNESS CENTER OF EXPER19 TISE EXTENSION.

20 The Secretary shall establish an extension of the Earth21 quake Preparedness Center of Expertise for the central

22 United States at an existing district office of the Corps of

23 Engineers near the New Madrid fault.
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1 SEC. 346. REPEAL OF TERMINATION DATE FOR CONSTRUC2 TION OF VIRGIN ISLANDS PROJECTS BY THE

3 SECRETARY.

4 Section 406 of the Water Resources Development Act

5 of 1990 (48 U.S.C. 1405c note) is amended by striking sub6 section (c).

7 SEC. 347. HUNTINGTON, WEST VIRGINIA.

8 The Secretary may enter into a cooperative agreement

9 under section 218 of this Act with Marshall University,

10 Huntington, West Virginia, to provide technical assistance

11 to the Center for Environmental, Geotechnical and Applied

12 Sciences.

13 SEC. 348. SOUTHERN WEST VIRGINIA.

14 (a) COST SHARING.—Section 340(c)(3) of the Water

15 Resources Development Act of 1992 (106 Stat. 4856) is

16 amended to read as follows:

17 ‘‘(3) COST SHARING.—

18 ‘‘(A) IN GENERAL.—Total project costs

19 under each local cooperation agreement entered

20 into under this subsection shall be shared at 75

21 percent Federal and 25 percent non-Federal. The

22 non-Federal interest shall receive credit for the

23 reasonable costs of design work completed by

24 such interest prior to entering into a local co25 operation agreement with the Secretary for a
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1 project. The Federal share may be in the form of

2 grants or reimbursements of project costs.

3 ‘‘(B) INTEREST.—In the event of delays in

4 the reimbursement of the non-Federal share of a

5 project, the non-Federal interest shall receive

6 credit for reasonable interest to provide the non7 Federal share of a project’s cost.

8 ‘‘(C) LANDS, EASEMENTS, AND RIGHTS-OF9 WAY CREDIT.—The non-Federal interest shall re10 ceive credit for lands, easements, rights-of-way,

11 and relocations toward its share of project costs,

12 including direct costs associated with obtaining

13 permits necessary for the placement of such

14 project on public owned or controlled lands, but

15 not to exceed 25 percent of total project costs.

16 ‘‘(D) OPERATION AND MAINTENANCE.—Op17 eration and maintenance costs for projects con18 structed with assistance provided under this sec19 tion shall be 100 percent non-Federal.’’.

20 (b) FUNDING.—Section 340(g) of the Water Resources

21 Development Act of 1992 (106 Stat. 4856) is amended by

22 striking ‘‘$5,000,000’’ and inserting ‘‘$10,000,000’’.
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1 SEC. 349. REMOVAL OR REMEDIATION OF CONTAMINATED

2 SEDIMENTS, LOWER FOX RIVER, WISCONSIN.

3 The Secretary shall remove or remediate contaminated

4 sediments from the Lower Fox River, Lake Winnebago to

5 Green Bay, Wisconsin, pursuant to section 312 of the Water

6 Resources Development Act of 1990 (33 U.S.C. 1252 note).

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