104TH CONGRESS

2D SESSION S. 640

AMENDMENT
In the House of Representatives, U. S.,

July 30, 1996.

Resolved, That the bill from the Senate (S. 640) entitled

‘‘An Act to provide for the conservation and development of

water and related resources, to authorize the Secretary of the

Army to construct various projects for improvements to rivers

and harbors of the United States, and for other purposes’’,

do pass with the following

AMENDMENT:

Strike out all after the enacting clause, and insert:

1 SECTION 1. SHORT TITLE.

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

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

4 (b) TABLE OF CONTENTS.—

Sec. 1. Short title; table of contents.

Sec. 2. Definition.

TITLE I—WATER RESOURCES PROJECTS

Sec. 101. Project authorizations.

Sec. 102. Small flood control projects.

Sec. 103. Small bank stabilization projects.

Sec. 104. Small navigation projects.

Sec. 105. Small shoreline protection projects.

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

Falls, Minnesota.

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

Sec. 108. Project to mitigate shore damage.
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TITLE II—GENERALLY APPLICABLE PROVISIONS

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

Sec. 202. Flood control policy.

Sec. 203. Feasibility study cost-sharing.

Sec. 204. Restoration of environmental quality.

Sec. 205. Environmental dredging.

Sec. 206. Aquatic ecosystem restoration.

Sec. 207. Beneficial uses of dredged material.

Sec. 208. Recreation policy and user fees.

Sec. 209. Recovery of costs.

Sec. 210. Cost sharing of environmental projects.

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

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

Sec. 213. Lease authority.

Sec. 214. Collaborative research and development.

Sec. 215. Dam safety program.

Sec. 216. Maintenance, rehabilitation, and modernization of facilities.

Sec. 217. Long-term sediment management strategies.

Sec. 218. Dredged material disposal facility partnerships.

Sec. 219. Obstruction removal requirement.

Sec. 220. Small project authorizations.

Sec. 221. Uneconomical cost-sharing requirements.

Sec. 222. Planning assistance to States.

Sec. 223. Corps of Engineers expenses.

Sec. 224. State and Federal agency review period.

Sec. 225. Limitation on reimbursement of non-Federal costs per project.

Sec. 226. Aquatic plant control.

Sec. 227. Sediments decontamination technology.

Sec. 228. Shore protection.

Sec. 229. Project deauthorizations.

Sec. 230. Support of Army Civil Works Program.

Sec. 231. Benefits to navigation.

Sec. 232. Loss of life prevention.

Sec. 233. Scenic and aesthetic considerations.

Sec. 234. Removal of study prohibitions.

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

Sec. 236. Reservoir Management Technical Advisory Committee.

Sec. 237. Technical corrections.

TITLE III—PROJECT MODIFICATIONS

Sec. 301. Mobile Harbor, Alabama.

Sec. 302. Alamo Dam, Arizona.

Sec. 303. Nogales Wash and Tributaries, Arizona.

Sec. 304. Phoenix, Arizona.

Sec. 305. San Francisco River at Clifton, Arizona.

Sec. 306. Channel Islands Harbor, California

Sec. 307. Glenn-Colusa, California.

Sec. 308. Los Angeles and Long Beach Harbors, San Pedro Bay, California.

Sec. 309. Oakland Harbor, California.

Sec. 310. Queensway Bay, California.

Sec. 311. San Luis Rey, California.

Sec. 312. Thames River, Connecticut.

Sec. 313. Potomac River, Washington, District Of Columbia.

Sec. 314. Canaveral Harbor, Florida.
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Sec. 315. Captiva Island, Florida.

Sec. 316. Central and southern Florida, Canal 51.

Sec. 317. Central and southern Florida, Canal 111 (C–111).

Sec. 318. Jacksonville Harbor (Mill Cove), Florida.

Sec. 319. Panama City Beaches, Florida.

Sec. 320. Tybee Island, Georgia.

Sec. 321. White River, Indiana.

Sec. 322. Chicago, Illinois.

Sec. 323. Chicago Lock and Thomas J. O’Brien Lock, Illinois.

Sec. 324. Kaskaskia River, Illinois.

Sec. 325. Locks and Dam 26, Alton, Illinois and Missouri.

Sec. 326. North Branch of Chicago River, Illinois.

Sec. 327. Illinois and Michigan Canal.

Sec. 328. Halstead, Kansas.

Sec. 329. Levisa and Tug Forks of the Big Sandy River and Cumberland River,

Kentucky, West Virginia, and Virginia.

Sec. 330. Prestonburg, Kentucky.

Sec. 331. Comite River, Louisiana.

Sec. 332. Grand Isle and vicinity, Louisiana.

Sec. 333. Lake Pontchartrain, Louisiana.

Sec. 334. Mississippi Delta Region, Louisiana.

Sec. 335. Mississippi River Outlets, Venice, Louisiana.

Sec. 336. Red River Waterway, Louisiana.

Sec. 337. Westwego to Harvey Canal, Louisiana.

Sec. 338. Tolchester Channel, Maryland.

Sec. 339. Saginaw River, Michigan.

Sec. 340. Sault Sainte Marie, Chippewa County, Michigan.

Sec. 341. Stillwater, Minnesota.

Sec. 342. Cape Girardeau, Missouri.

Sec. 343. New Madrid Harbor, Missouri.

Sec. 344. St. John’s Bayou—New Madrid Floodway, Missouri.

Sec. 345. Joseph G. Minish Passaic River Park, New Jersey.

Sec. 346. Molly Ann’s Brook, New Jersey.

Sec. 347. Passaic River, New Jersey.

Sec. 348. Ramapo River at Oakland, New Jersey and New York.

Sec. 349. Raritan Bay and Sandy Hook Bay, New Jersey.

Sec. 350. Arthur Kill, New York and New Jersey.

Sec. 351. Jones Inlet, New York.

Sec. 352. Kill Van Kull, New York and New Jersey.

Sec. 353. Wilmington Harbor-Northeast Cape Fear River, North Carolina.

Sec. 354. Garrison Dam, North Dakota.

Sec. 355. Reno Beach-Howards Farm, Ohio.

Sec. 356. Wister Lake, Oklahoma.

Sec. 357. Bonneville Lock and Dam, Columbia River, Oregon and Washington.

Sec. 358. Columbia River dredging, Oregon and Washington.

Sec. 359. Grays Landing Lock and Dam, Monongahela River, Pennsylvania.

Sec. 360. Lackawanna River at Scranton, Pennsylvania.

Sec. 361. Mussers Dam, Middle Creek, Snyder County, Pennsylvania.

Sec. 362. Saw Mill Run, Pennsylvania.

Sec. 363. Schuylkill River, Pennsylvania.

Sec. 364. South Central Pennsylvania.

Sec. 365. Wyoming Valley, Pennsylvania.

Sec. 366. San Juan Harbor, Puerto Rico.

Sec. 367. Narragansett, Rhode Island.

Sec. 368. Charleston Harbor, South Carolina.
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Sec. 369. Dallas Floodway Extension, Dallas, Texas.

Sec. 370. Upper Jordan River, Utah.

Sec. 371. Haysi Lake, Virginia.

Sec. 372. Rudee Inlet, Virginia Beach, Virginia.

Sec. 373. Virginia Beach, Virginia.

Sec. 374. East Waterway, Washington.

Sec. 375. Bluestone Lake, West Virginia.

Sec. 376. Moorefield, West Virginia.

Sec. 377. Southern West Virginia.

Sec. 378. West Virginia trail head facilities.

Sec. 379. Kickapoo River, Wisconsin.

Sec. 380. Teton County, Wyoming.

TITLE IV—STUDIES

Sec. 401. Corps capability study, Alaska.

Sec. 402. McDowell Mountain, Arizona.

Sec. 403. Nogales Wash and Tributaries, Arizona.

Sec. 404. Garden Grove, California.

Sec. 405. Mugu Lagoon, California.

Sec. 406. Santa Ynez, California.

Sec. 407. Southern California infrastructure.

Sec. 408. Yolo Bypass, Sacramento-San Joaquin Delta, California.

Sec. 409. Chain of Rocks Canal, Illinois.

Sec. 410. Quincy, Illinois.

Sec. 411. Springfield, Illinois.

Sec. 412. Beauty Creek Watershed, Valparaiso City, Porter County, Indiana.

Sec. 413. Grand Calumet River, Hammond, Indiana.

Sec. 414. Indiana Harbor Canal, East Chicago, Lake County, Indiana.

Sec. 415. Koontz Lake, Indiana.

Sec. 416. Little Calumet River, Indiana.

Sec. 417. Tippecanoe River Watershed, Indiana.

Sec. 418. Calcasieu Ship Channel, Hackberry, Louisiana.

Sec. 419. Huron River, Michigan.

Sec. 420. Saco River, New Hampshire.

Sec. 421. Buffalo River Greenway, New York.

Sec. 422. Port of Newburgh, New York.

Sec. 423. Port of New York-New Jersey sediment study.

Sec. 424. Port of New York-New Jersey navigation study.

Sec. 425. Chagrin River, Ohio.

Sec. 426. Cuyahoga River, Ohio.

Sec. 427. Charleston, South Carolina, estuary.

Sec. 428. Mustang Island, Corpus Christi, Texas.

Sec. 429. Prince William County, Virginia.

Sec. 430. Pacific region.

Sec. 431. Financing of infrastructure needs of small and medium ports.

TITLE V—MISCELLANEOUS PROVISIONS

Sec. 501. Project deauthorizations.

Sec. 502. Project reauthorizations.

Sec. 503. Continuation of authorization of certain projects.

Sec. 504. Land conveyances.

Sec. 505. Namings.

Sec. 506. Watershed management, restoration, and development.

Sec. 507. Lakes program.
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Sec. 508. Maintenance of navigation channels.

Sec. 509. Great Lakes remedial action plans and sediment remediation.

Sec. 510. Great Lakes dredged material testing and evaluation manual.

Sec. 511. Great Lakes sediment reduction.

Sec. 512. Great Lakes confined disposal facilities.

Sec. 513. Chesapeake Bay restoration and protection program.

Sec. 514. Extension of jurisdiction of Mississippi River Commission.

Sec. 515. Alternative to annual passes.

Sec. 516. Recreation partnership initiative.

Sec. 517. Environmental infrastructure.

Sec. 518. Corps capability to conserve fish and wildlife.

Sec. 519. Periodic beach nourishment.

Sec. 520. Control of aquatic plants.

Sec. 521. Hopper dredges.

Sec. 522. Design and construction assistance.

Sec. 523. Field office headquarters facilities.

Sec. 524. Corps of Engineers restructuring plan.

Sec. 525. Lake Superior Center.

Sec. 526. Jackson County, Alabama.

Sec. 527. Earthquake Preparedness Center of Expertise Extension.

Sec. 528. Quarantine facility.

Sec. 529. Benton and Washington Counties, Arkansas.

Sec. 530. Calaveras County, California.

Sec. 531. Farmington Dam, California.

Sec. 532. Prado Dam safety improvements, California.

Sec. 533. Los Angeles County Drainage Area, California.

Sec. 534. Seven Oaks Dam, California.

Sec. 535. Manatee County, Florida.

Sec. 536. Tampa, Florida.

Sec. 537. Watershed management plan for Deep River Basin, Indiana.

Sec. 538. Southern and eastern Kentucky.

Sec. 539. Louisiana coastal wetlands restoration projects.

Sec. 540. Southeast Louisiana.

Sec. 541. Restoration projects for Maryland, Pennsylvania, and West Virginia.

Sec. 542. Cumberland, Maryland.

Sec. 543. Beneficial use of dredged material, Poplar Island, Maryland.

Sec. 544. Erosion control measures, Smith Island, Maryland.

Sec. 545. Duluth, Minnesota, alternative technology project.

Sec. 546. Redwood River Basin, Minnesota.

Sec. 547. Natchez Bluffs, Mississippi.

Sec. 548. Sardis Lake, Mississippi.

Sec. 549. Missouri River management.

Sec. 550. St. Charles County, Missouri, flood protection.

Sec. 551. Durham, New Hampshire.

Sec. 552. Hackensack Meadowlands area, New Jersey.

Sec. 553. Authorization of dredge material containment facility for Port of New

York/New Jersey.

Sec. 554. Hudson River habitat restoration, New York.

Sec. 555. Queens County, New York.

Sec. 556. New York Bight and Harbor study.

Sec. 557. New York State Canal System.

Sec. 558. New York City Watershed.

Sec. 559. Ohio River Greenway.

Sec. 560. Northeastern Ohio.

Sec. 561. Grand Lake, Oklahoma.
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Sec. 562. Broad Top region of Pennsylvania.

Sec. 563. Curwensville Lake, Pennsylvania.

Sec. 564. Hopper Dredge McFarland.

Sec. 565. Philadelphia, Pennsylvania.

Sec. 566. Upper Susquehanna River Basin, Pennsylvania and New York.

Sec. 567. Seven Points Visitors Center, Raystown Lake, Pennsylvania.

Sec. 568. Southeastern Pennsylvania.

Sec. 569. Wills Creek, Hyndman, Pennsylvania.

Sec. 570. Blackstone River Valley, Rhode Island and Massachusetts.

Sec. 571. East Ridge, Tennessee.

Sec. 572. Murfreesboro, Tennessee.

Sec. 573. Buffalo Bayou, Texas.

Sec. 574. Harris County, Texas.

Sec. 575. San Antonio River, Texas.

Sec. 576. Neabsco Creek, Virginia.

Sec. 577. Tangier Island, Virginia.

Sec. 578. Pierce County, Washington.

Sec. 579. Washington Aqueduct.

Sec. 580. Greenbrier River Basin, West Virginia, flood protection.

Sec. 581. Huntington, West Virginia.

Sec. 582. Lower Mud River, Milton, West Virginia.

Sec. 583. West Virginia and Pennsylvania flood control.

Sec. 584. Evaluation of beach material.

Sec. 585. National Center for Nanofabrication and Molecular Self-Assembly.

Sec. 586. Sense of Congress regarding St. Lawrence Seaway tolls.

Sec. 587. Prado Dam, California.

Sec. 588. Morganza, Louisiana to the Gulf of Mexico.

TITLE VI—EXTENSION OF EXPENDITURE AUTHORITY UNDER

HARBOR MAINTENANCE TRUST FUND

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

Fund.

1 SEC. 2. DEFINITION.

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

8 provided in this section, the following projects for water re9 sources development and conservation and other purposes

10 are authorized to be carried out by the Secretary substan-
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1 tially in accordance with the plans, and subject to the con2 ditions, described in the respective reports designated in this

3 section:

4 (1) AMERICAN RIVER WATERSHED, CALIFOR5 NIA.—

6 (A) IN GENERAL.—The project for flood

7 damage reduction, American and Sacramento

8 Rivers, California: Supplemental Information

9 Report for the American River Watershed

10 Project, California, dated March 1996, at a total

11 cost of $57,300,000, with an estimated Federal

12 cost of $42,975,000 and an estimated non-Fed13 eral cost of $14,325,000, consisting of the follow14 ing:

15 (i) Approximately 24 miles of slurry

16 wall in the existing levees along the lower

17 American River.

18 (ii) Approximately 12 miles of levee

19 modifications along the east bank of the

20 Sacramento River downstream from the

21 Natomas Cross Canal.

22 (iii) 3 telemeter streamflow gages up23 stream from the Folsom Reservoir.
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1 (iv) Modifications to the existing flood

2 warning system along the lower American

3 River.

4 (B) CREDIT TOWARD NON-FEDERAL

5 SHARE.—The non-Federal sponsor shall receive

6 credit toward the non-Federal share of the cost of

7 the project for expenses that the sponsor has in8 curred for design and construction of any of the

9 features authorized pursuant to this paragraph

10 prior to the date on which Federal funds are ap11 propriated for construction of the project. The

12 amount of the credit shall be determined by the

13 Secretary.

14 (C) OPERATION OF FOLSOM DAM.—The Sec15 retary of the Interior shall continue to operate

16 the Folsom Dam and Reservoir to the variable

17 400,000/670,000 acre-feet of flood control storage

18 capacity as an interim measure and extend the

19 agreement between the Bureau of Reclamation

20 and the Sacramento Area Flood Control Agency

21 until such date as a comprehensive flood control

22 plan for the American River Watershed has been

23 implemented.

24 (D) RESPONSIBILITY OF NON-FEDERAL

25 SPONSOR.—The non-Federal sponsor shall be re-
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1 sponsible for all operation, maintenance, repair,

2 replacement, and rehabilitation costs associated

3 with the improvements undertaken pursuant to

4 this paragraph, as well as for 25 percent of the

5 costs for the variable flood control operation of

6 the Folsom Dam and Reservoir (including any

7 incremental power and water purchase costs in8 curred by the Western Area Power Administra9 tion or the Bureau of Reclamation and any di10 rection, capital, and operation and maintenance

11 costs borne by either of such agencies). Notwith12 standing any contract or other agreement, the re13 maining 75 percent of the costs for the variable

14 flood control operation of the Folsom Dam and

15 Reservoir shall be the responsibility of the United

16 States and shall be nonreimbursable.

17 (2) SAN LORENZO RIVER, SANTA CRUZ, CALIFOR18 NIA.—The project for flood control, San Lorenzo

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

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

21 $21,800,000, with an estimated Federal cost of

22 $10,900,000 and an estimated non-Federal cost of

23 $10,900,000.

24 (3) SANTA BARBARA HARBOR, CALIFORNIA.—The

25 project for navigation, Santa Barbara Harbor, Cali-
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1 fornia: Report of the Chief of Engineers, dated April

2 26, 1994, at a total cost of $5,840,000, with an esti3 mated Federal cost of $4,670,000 and an estimated

4 non-Federal cost of $1,170,000.

5 (4) SANTA MONICA BREAKWATER, CALIFORNIA.—

6 The project for navigation and storm damage reduc7 tion, Santa Monica Breakwater, Santa Monica, Cali8 fornia: Report of the Chief of Engineers, dated June

9 7, 1996, at a total cost of $6,440,000, with an esti10 mated Federal cost of $4,220,000 and an estimated

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

12 (5) MARIN COUNTY SHORELINE, SAN RAFAEL,

13 CALIFORNIA.—The project for storm damage reduc14 tion, Marin County shoreline, San Rafael, California:

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

16 1994, at a total cost of $28,300,000, with an esti17 mated Federal cost of $18,400,000 and an estimated

18 non-Federal cost of $9,900,000.

19 (6) HUMBOLDT HARBOR AND BAY, CALIFOR20 NIA.—The project for navigation, Humboldt Harbor

21 and Bay, California: Report of the Chief of Engi22 neers, dated October 30, 1995, at a total cost of

23 $15,180,000, with an estimated Federal cost of

24 $10,000,000 and an estimated non-Federal cost of

25 $5,180,000.
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1 (7) ANACOSTIA RIVER AND TRIBUTARIES, DIS2 TRICT OF COLUMBIA AND MARYLAND.—The project for

3 environmental restoration, Anacostia River and Trib4 utaries, District of Columbia and Maryland: Report

5 of the Chief of Engineers, dated November 15, 1994,

6 at a total cost of $17,144,000, with an estimated Fed7 eral cost of $12,858,000 and an estimated non-Fed8 eral cost of $4,286,000.

9 (8) ATLANTIC INTRACOASTAL WATERWAY, ST.

10 JOHNS COUNTY, FLORIDA.—The project for naviga11 tion, Atlantic Intracoastal Waterway, St. Johns

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

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

14 $15,881,000. Operation, maintenance, repair, replace15 ment, and rehabilitation shall be a non-Federal re16 sponsibility and the non-Federal interest must assume

17 ownership of the bridge.

18 (9) LAKE MICHIGAN, ILLINOIS.—The project for

19 storm damage reduction and shoreline erosion protec20 tion, Lake Michigan, Illinois, from Wilmette, Illinois,

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

22 of Engineers, dated April 14, 1994, at a total cost of

23 $204,000,000, with an estimated Federal cost of

24 $110,000,000 and an estimated non-Federal cost of

25 $94,000,000. The project shall include the breakwater
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1 near the South Water Filtration Plant described in

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

3 total cost of $11,470,000, with an estimated Federal

4 cost of $7,460,000 and an estimated non-Federal cost

5 of $4,010,000. The Secretary shall reimburse the non6 Federal interest for the Federal share of any costs in7 curred by the non-Federal interest—

8 (A) in reconstructing the revetment struc9 tures protecting Solidarity Drive in Chicago, Il10 linois, if such work is determined by the Sec11 retary to be a component of the project; and

12 (B) in constructing the breakwater near the

13 South Water Filtration Plant in Chicago, Illi14 nois.

15 (10) KENTUCKY LOCK AND DAM, TENNESSEE

16 RIVER, KENTUCKY.—The project for navigation, Ken17 tucky Lock and Dam, Tennessee River, Kentucky: Re18 port of the Chief of Engineers, dated June 1, 1992, at

19 a total cost of $393,200,000. The costs of construction

of the project are to be paid 1 20 ⁄2 from amounts appropriated from the general fund of the Treasury and 1 21 ⁄2

22 from amounts appropriated from the Inland Water23 ways Trust Fund.

24 (11) POND CREEK, JEFFERSON COUNTY, KEN25 TUCKY.—The project for flood control, Pond Creek,
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1 Jefferson County, Kentucky: Report of the Chief of

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

3 $16,080,000, with an estimated Federal cost of

4 $10,993,000 and an estimated non-Federal cost of

5 $5,087,000.

6 (12) WOLF CREEK DAM AND LAKE CUMBERLAND,

7 KENTUCKY.—The project for hydropower, Wolf Creek

8 Dam and Lake Cumberland, Kentucky: Report of the

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

10 cost of $53,763,000, with an estimated non-Federal

11 cost of $53,763,000. Funds derived by the Tennessee

12 Valley Authority from its power program and funds

13 derived from any private or public entity designated

14 by the Southeastern Power Administration may be

15 used to pay all or part of the costs of the project.

16 (13) PORT FOURCHON, LAFOURCHE PARISH,

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

18 Bayou Lafourche, Louisiana: Report of the Chief of

19 Engineers, dated April 7, 1995, at a total cost of

20 $4,440,000, with an estimated Federal cost of

21 $2,300,000 and an estimated non-Federal cost of

22 $2,140,000.

23 (14) WEST BANK OF THE MISSISSIPPI RIVER,

24 NEW ORLEANS (EAST OF HARVEY CANAL), LOUISI25 ANA.—The project for hurricane damage reduction,
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1 West Bank of the Mississippi River in the vicinity of

2 New Orleans (East of Harvey Canal), Louisiana: Re3 port of the Chief of Engineers, dated May 1, 1995, at

4 a total cost of $126,000,000, with an estimated Fed5 eral cost of $82,200,000 and an estimated non-Fed6 eral cost of $43,800,000.

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

8 The project for flood control, Wood River, Grand Is9 land, Nebraska: Report of the Chief of Engineers,

10 dated May 3, 1994, at a total cost of $11,800,000,

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

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

13 (16) LAS CRUCES, NEW MEXICO.—The project for

14 flood control, Las Cruces, New Mexico: Report of the

15 Chief of Engineers, dated June 24, 1996, at a total

16 cost of $8,278,000, with an estimated Federal cost of

17 $5,494,000 and an estimated non-Federal cost of

18 $2,784,000.

19 (17) LONG BEACH ISLAND, NEW YORK.—The

20 project for storm damage reduction, Long Beach Is21 land, New York: Report of the Chief of Engineers,

22 dated April 5, 1996, at a total cost of $72,090,000,

23 with an estimated Federal cost of $46,858,000 and an

24 estimated non-Federal cost of $25,232,000.
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1 (18) WILMINGTON HARBOR, CAPE FEAR RIVER,

2 NORTH CAROLINA.—The project for navigation, Wil3 mington Harbor, Cape Fear and Northeast Cape Fear

4 Rivers, North Carolina: Report of the Chief of Engi5 neers, dated June 24, 1994, at a total cost of

6 $23,953,000, with an estimated Federal cost of

7 $15,032,000 and an estimated non-Federal cost of

8 $8,921,000.

9 (19) DUCK CREEK, CINCINNATI, OHIO.—The

10 project for flood control, Duck Creek, Cincinnati,

11 Ohio: Report of the Chief of Engineers, dated June

12 28, 1994, at a total cost of $15,947,000, with an esti13 mated Federal cost of $11,960,000 and an estimated

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

15 (20) WILLAMETTE RIVER TEMPERATURE CON16 TROL, MCKENZIE SUBBASIN, OREGON.—The project

17 for environmental restoration, Willamette River Tem18 perature Control, McKenzie Subbasin, Oregon: Report

19 of the Chief of Engineers, dated February 1, 1996, at

20 a total cost of $38,000,000, with an estimated Federal

21 cost of $38,000,000.

22 (21) RIO GRANDE DE ARECIBO, PUERTO RICO.—

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

24 Puerto Rico: Report of the Chief of Engineers, dated

25 April 5, 1994, at a total cost of $19,951,000, with an
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1 estimated Federal cost of $10,557,000 and an esti2 mated non-Federal cost of $9,394,000.

3 (22) CHARLESTON HARBOR, SOUTH CAROLINA.—

4 The project for navigation, Charleston Harbor Deep5 ening and Widening, South Carolina: Report of the

6 Chief of Engineers, dated July 18, 1996, at a total

7 cost of $116,639,000, with an estimated Federal cost

8 of $72,798,000 and an estimated non-Federal cost of

9 $43,841,000.

10 (23) 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 of Engineers, dated June

14 30, 1994, at a total cost of $34,600,000, with an esti15 mated Federal cost of $25,900,000 and an estimated

16 non-Federal cost of $8,700,000.

17 (24) 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 $18,000,000, with an esti21 mated Federal cost of $13,200,000 and an estimated

22 non-Federal cost of $4,800,000.

23 (25) GULF INTRACOASTAL WATERWAY, ARANSAS

24 NATIONAL WILDLIFE REFUGE, TEXAS.—The project for

25 navigation and environmental preservation, Gulf In-
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1 tracoastal Waterway, Aransas National Wildlife Ref2 uge, Texas: Report of the Chief of Engineers, dated

3 May 28, 1996, at a total cost of $18,283,000, with an

4 estimated Federal cost of $18,283,000.

5 (26) HOUSTON-GALVESTON NAVIGATION CHAN6 NELS, TEXAS.—The project for navigation and envi7 ronmental restoration, Houston-Galveston Navigation

8 Channels, Texas: Report of the Chief of Engineers,

9 dated May 9, 1996, at a total initial construction cost

10 of $292,797,000, with an estimated Federal cost of

11 $210,891,000 and an estimated non-Federal cost of

12 $81,906,000. The project shall include deferred con13 struction of additional environmental restoration fea14 tures over the life of the project, at a total average an15 nual cost of $786,000, with an estimated Federal cost

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

17 $196,000. The construction of berthing areas and the

18 removal of pipelines and other obstructions that are

19 necessary for the project shall be accomplished at non20 Federal expense. Non-Federal interests shall receive

21 credit toward cash contributions required during con22 struction and subsequent to construction for design

23 and construction management work that is performed

24 by non-Federal interests and that the Secretary deter25 mines is necessary to implement the project.
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1 (27) MARMET LOCK, KANAWHA RIVER, WEST VIR2 GINIA.—The project for navigation, Marmet Lock,

3 Kanawha River, West Virginia: Report of the Chief of

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

5 $229,581,000. The costs of construction of the project

are to be paid 1 6 ⁄2 from amounts appropriated from

the general fund of the Treasury and 1 7 ⁄2 from

8 amounts appropriated from the Inland Waterways

9 Trust Fund. In conducting any real estate acquisition

10 activities with respect to the project, the Secretary

11 shall give priority consideration to those individuals

12 who would be directly affected by any physical dis13 placement due to project design and shall consider the

14 financial circumstances of such individuals. The Sec15 retary shall proceed with real estate acquisition in

16 connection with the project expeditiously.

17 (b) PROJECTS WITH PENDING CHIEF’S REPORTS.—

18 The following projects are authorized to be carried out by

19 the Secretary substantially in accordance with a final re20 port of the Chief of Engineers if such report is completed

21 not later than December 31, 1996:

22 (1) CHIGNIK, ALASKA.—The project for naviga23 tion, Chignik, Alaska, at a total cost of $10,365,000,

24 with an estimated Federal cost of $4,344,000 and an

25 estimated non-Federal cost of $6,021,000.
19

•S 640 EAH

1 (2) COOK INLET, ALASKA.—The project for navi2 gation, Cook Inlet, Alaska, at a total cost of

3 $5,342,000, with an estimated Federal cost of

4 $4,006,000 and an estimated non-Federal cost of

5 $1,336,000.

6 (3) ST. PAUL ISLAND HARBOR, ST. PAUL, ALAS7 KA.—The project for navigation, St. Paul Harbor, St.

8 Paul, Alaska, with an estimated total cost of

9 $18,981,000, with an estimated Federal cost of

10 $12,188,000 and an estimated non-Federal cost of

11 $6,793,000.

12 (4) NORCO BLUFFS, RIVERSIDE COUNTY, CALI13 FORNIA.—A project for bluff stabilization, Norco

14 Bluffs, Riverside County, California, with an esti15 mated total cost of $8,600,000, with an estimated

16 Federal cost of $6,450,000 and an estimated non-Fed17 eral cost of $2,150,000.

18 (5) PORT OF LONG BEACH (DEEPENING), CALI19 FORNIA.—The project for navigation, Port of Long

20 Beach (Deepening), California, at a total cost of

21 $37,288,000, with an estimated Federal cost of

22 $14,318,000 and an estimated non-Federal cost of

23 $22,970,000.

24 (6) TERMINUS DAM, KAWEAH RIVER, CALIFOR25 NIA.—The project for flood damage reduction and
20

•S 640 EAH

1 water supply, Terminus Dam, Kaweah River, Cali2 fornia, at a total estimated cost of $34,500,000, with

3 an estimated Federal cost of $20,200,000 and an esti4 mated non-Federal cost of $14,300,000.

5 (7) REHOBOTH BEACH AND DEWEY BEACH,

6 DELAWARE.—A project for storm damage reduction

7 and shoreline protection, Rehoboth Beach and Dewey

8 Beach, Delaware, at a total cost of $9,423,000, with

9 an estimated first Federal cost of $6,125,000, and an

10 estimated first non-Federal cost of $3,298,000, and an

11 average annual cost of $282,000 for periodic nourish12 ment over the 50-year life of the project, with an esti13 mated annual Federal cost of $183,000 and an esti14 mated annual non-Federal cost of $99,000.

15 (8) BREVARD COUNTY, FLORIDA.—The project for

16 shoreline protection, Brevard County, Florida, at a

17 total first cost of $76,620,000, with an estimated first

18 Federal cost of $36,006,000, and an estimated first

19 non-Federal cost of $40,614,000, and an average an20 nual cost of $2,341,000 for periodic nourishment over

21 the 50-year life of the project, with an estimated an22 nual Federal cost of $1,109,000 and an estimated an23 nual non-Federal cost of $1,232,000.

24 (9) MIAMI HARBOR CHANNEL, FLORIDA.—The

25 project for navigation, Miami Harbor Channel,
21

•S 640 EAH

1 Miami, Florida, with an estimated total cost of

2 $3,221,000, with an estimated Federal cost of

3 $1,800,000 and an estimated non-Federal cost of

4 $1,421,000.

5 (10) NORTH WORTH INLET, FLORIDA.—The

6 project for navigation and shoreline protection, Lake

7 Worth Inlet, Palm Beach Harbor, Florida, at a total

8 cost of $3,915,000, with an estimated Federal cost of

9 $1,762,000 and an estimated non-Federal cost of

10 $2,153,000.

11 (11) LOWER SAVANNAH RIVER BASIN, SAVANNAH

12 RIVER, GEORGIA AND SOUTH CAROLINA.—The project

13 for navigation and related purposes, Lower Savannah

14 River Basin, Savannah River, Georgia and South

15 Carolina, at a total cost of $3,419,000, with an esti16 mated Federal cost of $2,551,000, and an estimated

17 non-Federal cost of $868,000.

18 (12) ABSECON ISLAND, NEW JERSEY.—The

19 project for storm damage reduction and shoreline pro20 tection, Brigantine Inlet to Great Egg Harbor Inlet,

21 Absecon Island, New Jersey, at a total cost of

22 $52,000,000, with an estimated Federal cost of

23 $34,000,000 and an estimated non-Federal cost of

24 $18,000,000.
22

•S 640 EAH

1 (13) CAPE FEAR RIVER, NORTH CAROLINA.—The

2 project for navigation, Cape Fear River deepening,

3 North Carolina, at a total cost of $210,264,000, with

4 an estimated Federal cost of $130,159,000, and an es5 timated non-Federal cost of $80,105,000.

6 SEC. 102. SMALL FLOOD CONTROL PROJECTS.

7 (a) PROJECT DESCRIPTIONS.—The Secretary shall

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

9 the Secretary determines that the project is feasible, shall

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

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

12 (1) SOUTH UPLAND, SAN BERNADINO COUNTY,

13 CALIFORNIA.—Project for flood control, South Up14 land, San Bernadino County, California.

15 (2) BIRDS, LAWRENCE COUNTY, ILLINOIS.—

16 Project for flood control, Birds, Lawrence County, Il17 linois.

18 (3) BRIDGEPORT, LAWRENCE COUNTY, ILLI19 NOIS.—Project for flood control, Bridgeport, Lawrence

20 County, Illinois.

21 (4) EMBARRAS RIVER, VILLA GROVE, ILLINOIS.—

22 Project for flood control, Embarras River, Villa

23 Grove, Illinois.
23

•S 640 EAH

1 (5) FRANKFORT, WILL COUNTY, ILLINOIS.—

2 Project for flood control, Frankfort, Will County, Illi3 nois.

4 (6) SUMNER, LAWRENCE COUNTY, ILLINOIS.—

5 Project for flood control, Sumner, Lawrence County,

6 Illinois.

7 (7) VERMILLION RIVER, DEMANADE PARK, LA8 FAYETTE, LOUISIANA.—Project for nonstructural flood

9 control, Vermillion River, Demanade Park, Lafayette,

10 Louisiana. In carrying out the study and the project

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

12 relevant information from the Lafayette Parish fea13 sibility study and expedite completion of the study

14 under this paragraph.

15 (8) VERMILLION RIVER, QUAIL HOLLOW SUBDIVI16 SION, LAFAYETTE, LOUISIANA.—Project for non17 structural flood control, Vermillion River, Quail Hol18 low Subdivision, Lafayette, Louisiana. In carrying

19 out the study and the project (if any) under this

20 paragraph, the Secretary shall use relevant informa21 tion from the Lafayette Parish feasibility study and

22 expedite completion of the study under this para23 graph.
24

•S 640 EAH

1 (9) KAWKAWLIN RIVER, BAY COUNTY, MICHI2 GAN.—Project for flood control, Kawkawlin River,

3 Bay County, Michigan.

4 (10) WHITNEY DRAIN, ARENAC COUNTY, MICHI5 GAN.—Project for flood control, Whitney Drain,

6 Arenac County, Michigan.

7 (11) FESTUS AND CRYSTAL CITY, MISSOURI.—

8 Project for flood control, Festus and Crystal City,

9 Missouri. In carrying out the study and the project

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

11 relevant information from the existing reconnaissance

12 study and shall expedite completion of the study

13 under this paragraph.

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

15 control, Kimmswick, Missouri. In carrying out the

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

17 the Secretary shall use relevant information from the

18 existing reconnaissance study and shall expedite com19 pletion of the study under this paragraph.

20 (13) RIVER DES PERES, ST. LOUIS COUNTY,

21 MISSOURI.—Project for flood control, River Des Peres,

22 St. Louis County, Missouri. In carrying out the study

23 and the project (if any), the Secretary shall determine

24 the feasibility of potential flood control measures, con25 sider potential storm water runoff and related im-
25

•S 640 EAH

1 provements, and cooperate with the Metropolitan St.

2 Louis Sewer District.

3 (14) BUFFALO CREEK, ERIE COUNTY, NEW

4 YORK.—Project for flood control, Buffalo Creek, Erie

5 County, New York.

6 (15) CAZENOVIA CREEK, ERIE COUNTY, NEW

7 YORK.—Project for flood control, Cazenovia Creek,

8 Erie County, New York.

9 (16) CHEEKTOWAGA, ERIE COUNTY, NEW

10 YORK.—Project for flood control, Cheektowaga, Erie

11 County, New York.

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

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

15 (18) MOYER CREEK, VILLAGE OF FRANKFORT,

16 NEW YORK.—Project for flood control, Moyer Creek,

17 Village of Frankfort, New York.

18 (19) SAUQUOIT CREEK, WHITESBORO, NEW

19 YORK.—Project for flood control, Sauquoit Creek,

20 Whitesboro, New York.

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

22 YORK.—Project for flood control, Steele Creek, Village

23 of Ilion, New York.
26

•S 640 EAH

1 (21) WILLAMETTE RIVER, OREGON.—Project for

2 nonstructural flood control, Willamette River, Oregon,

3 including floodplain and ecosystem restoration.

4 (22) GREENBRIER RIVER BASIN, WEST VIR5 GINIA.—Project for flood control, consisting of an

6 early flood warning system, Greenbrier River Basin,

7 West Virginia.

8 (b) COST ALLOCATIONS.—

9 (1) LAKE ELSINORE, CALIFORNIA.—The maxi10 mum amount of Federal funds that may be allotted

11 under section 205 of the Flood Control Act of 1948

12 (33 U.S.C. 701s) for the project for flood control, Lake

13 Elsinore, Riverside County, California, shall be

14 $7,500,000.

15 (2) LOST CREEK, COLUMBUS, NEBRASKA.—The

16 maximum amount of Federal funds that may be allot17 ted under such section 205 for the project for flood

18 control, Lost Creek, Columbus, Nebraska, shall be

19 $5,500,000.

20 (3) REVISION OF PROJECT COOPERATION AGREE21 MENT.—The Secretary shall revise the project coopera22 tion agreement for the projects referred to in para23 graphs (1) and (2) in order to take into account the

24 change in the Federal participation in such projects

25 pursuant to such paragraphs.
27

•S 640 EAH

1 (4) COST SHARING.—Nothing in this subsection

2 shall be construed to affect any cost-sharing require3 ment applicable to the project referred to in para4 graph (1) under the Water Resources Development Act

5 of 1986.

6 SEC. 103. SMALL BANK STABILIZATION PROJECTS.

7 The Secretary shall conduct a study for each of the

8 following projects and, if the Secretary determines that the

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

10 14 of the Flood Control Act of 1946 (33 U.S.C. 701r):

11 (1) ST. JOSEPH RIVER, INDIANA.—Project for

12 bank stabilization, St. Joseph River, South Bend, In13 diana, including recreation and pedestrian access fea14 tures.

15 (2) ALLEGHENY RIVER AT OIL CITY, PENNSYLVA16 NIA.—Project for bank stabilization to address erosion

17 problems affecting the pipeline crossing the Allegheny

18 River at Oil City, Pennsylvania, including measures

19 to address erosion affecting the pipeline in the bed of

20 the Allegheny River and its adjacent banks.

21 (3) CUMBERLAND RIVER, NASHVILLE, TEN22 NESSEE.—Project for bank stabilization, Cumberland

23 River, Nashville, Tennessee.

24 (4) TENNESSEE RIVER, HAMILTON COUNTY, TEN25 NESSEE.—Project for bank stabilization, Tennessee
28

•S 640 EAH

1 River, Hamilton County, Tennessee; except that the

2 maximum amount of Federal funds that may be allot3 ted for the project shall be $7,500,000.

4 SEC. 104. SMALL NAVIGATION 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

8 107 of the River and Harbor Act of 1960 (33 U.S.C. 577):

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

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

11 barrier, including application of innovative tech12 nology involving use of a permeable breakwater.

13 (2) GRAND MARAIS HARBOR BREAKWATER,

14 MICHIGAN.—Project for navigation, Grand Marais

15 Harbor breakwater, Michigan.

16 (3) DULUTH, MINNESOTA.—Project for naviga17 tion, Duluth, Minnesota.

18 (4) TACONITE, MINNESOTA.—Project for naviga19 tion, Taconite, Minnesota.

20 (5) TWO HARBORS, MINNESOTA.—Project for

21 navigation, Two Harbors, Minnesota.

22 (6) CARUTHERSVILLE HARBOR, PEMISCOT COUN23 TY, MISSOURI.—Project for navigation, Caruthersville

24 Harbor, Pemiscot County, Missouri, including en-
29

•S 640 EAH

1 largement of the existing harbor and bank stabiliza2 tion measures.

3 (7) NEW MADRID COUNTY HARBOR, MISSOURI.—

4 Project for navigation, New Madrid County Harbor,

5 Missouri, including enlargement of the existing har6 bor and bank stabilization measures.

7 (8) BROOKLYN, NEW YORK.—Project for naviga8 tion, Brooklyn, New York, including restoration of the

9 pier and related navigation support structures, at the

10 Sixty-Ninth Street Pier.

11 (9) BUFFALO INNER HARBOR, BUFFALO, NEW

12 YORK.—Project for navigation, Buffalo Inner Harbor,

13 Buffalo, New York.

14 (10) GLENN COVE CREEK, NEW YORK.—Project

15 for navigation, Glenn Cove Creek, New York, includ16 ing bulkheading.

17 (11) UNION SHIP CANAL, BUFFALO AND LACKA18 WANNA, NEW YORK.—Project for navigation, Union

19 Ship Canal, Buffalo and Lackawanna, New York.

20 SEC. 105. 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):
30

•S 640 EAH

1 (1) FAULKNER’S ISLAND, CONNECTICUT.—Project

2 for shoreline protection, Faulkner’s Island, Connecti3 cut; except that the maximum amount of Federal

4 funds that may be allotted for the project shall be

5 $4,500,000.

6 (2) FORT PIERCE, FLORIDA.—Project for 1 mile

7 of additional shoreline protection, Fort Pierce, Flor8 ida.

9 (3) ORCHARD BEACH, BRONX, NEW YORK.—

10 Project for shoreline protection, Orchard Beach,

11 Bronx, New York, New York; except that the maxi12 mum amount of Federal funds that may be allotted

13 for the project shall be $5,200,000.

14 (4) SYLVAN BEACH BREAKWATER, VERONA, ONEI15 DA COUNTY, NEW YORK.—Project for shoreline protec16 tion, Sylvan Beach breakwater, Verona, Oneida

17 County, New York.

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

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

20 enter into an agreement with the property owner to deter21 mine the allocation of the project costs.
31

•S 640 EAH

1 SEC. 106. 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 clearing, snagging, and sediment removal, East Bank of the

6 Mississippi River, Little Falls, Minnesota, including re7 moval of sediment from culverts. The study shall include

8 a determination of the adequacy of culverts to maintain

9 flows through the channel. If the Secretary determines that

10 the project is feasible, the Secretary shall carry out the

11 project under section 3 of the River and Harbor Act of

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

13 SEC. 107. SMALL PROJECTS FOR IMPROVEMENT OF THE EN14 VIRONMENT.

15 The Secretary shall conduct a study for each of the

16 following projects and, if the Secretary determines that the

17 project is appropriate, shall carry out the project under sec18 tion 1135(a) of the Water Resources Development Act of

19 1986 (33 U.S.C. 2309(a)):

20 (1) UPPER TRUCKEE RIVER, EL DORADO COUN21 TY, CALIFORNIA.—Project for environmental restora22 tion, Upper Truckee River, El Dorado County, Cali23 fornia, including measures for restoration of degraded

24 wetlands and wildlife enhancement.
32

•S 640 EAH

1 (2) SAN LORENZO RIVER, CALIFORNIA.—Project

2 for habitat restoration, San Lorenzo River, Califor3 nia.

4 (3) WHITTIER NARROWS DAM, CALIFORNIA.—

5 Project for environmental restoration and remedi6 ation of contaminated water sources, Whittier Nar7 rows Dam, California.

8 (4) UPPER JORDAN RIVER, SALT LAKE COUNTY,

9 UTAH.—Project for channel restoration and environ10 mental improvement, Upper Jordan River, Salt Lake

11 County, Utah.

12 SEC. 108. PROJECT TO MITIGATE SHORE DAMAGE.

13 The Secretary shall expedite the Assateague Island res14 toration feature of the Ocean City, Maryland, and vicinity

15 study and, if the Secretary determines that the Federal

16 navigation project has contributed to degradation of the

17 shoreline, the Secretary shall carry out the project for shore18 line restoration under section 111 of the River and Harbor

19 Act of 1968 (82 Stat. 735); except that the maximum

20 amount of Federal funds that may be allotted by the Sec21 retary for the project shall be $35,000,000. In carrying out

22 the project, the Secretary shall coordinate with affected Fed23 eral and State agencies and shall enter into an agreement

24 with the Federal property owner to determine the allocation

25 of the project costs.
33

•S 640 EAH

1 TITLE II—GENERALLY

2 APPLICABLE PROVISIONS

3 SEC. 201. COST SHARING FOR DREDGED MATERIAL DIS4 POSAL AREAS.

5 (a) CONSTRUCTION.—Section 101(a) of the Water Re6 sources Development Act of 1986 (33 U.S.C. 2211(a); 100

7 Stat. 4082–4083) is amended—

8 (1) by striking the last sentence of paragraph (2)

9 and inserting the following: ‘‘The value of lands, ease10 ments, rights-of-way, and relocations provided under

11 paragraph (3) and the costs of relocations borne by

12 the non-Federal interests under paragraph (4) shall

13 be credited toward the payment required under this

14 paragraph.’’;

15 (2) in paragraph (3)—

16 (A) by inserting ‘‘and’’ after ‘‘rights-of17 way,’’;

18 (B) by striking ‘‘, and dredged material dis19 posal areas’’; and

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

21 easements, rights-of-way, and relocations (other

22 than utility relocations accomplished under

23 paragraph (4)) that are necessary for dredged

24 material disposal facilities’’ before the period at

25 the end of such paragraph; and
34

•S 640 EAH

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

2 ‘‘(5) DREDGED MATERIAL DISPOSAL FACILITIES

3 FOR PROJECT CONSTRUCTION.—For purposes of this

4 subsection, the term ‘general navigation features’ in5 cludes constructed land-based and aquatic dredged

6 material disposal facilities that are necessary for the

7 disposal of dredged material required for project con8 struction and for which a contract for construction

9 has not been awarded on or before the date of the en10 actment of this paragraph.’’.

11 (b) OPERATION AND MAINTENANCE.—Section 101(b) of

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

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

14 ‘‘The Federal’’;

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

16 designated by paragraph (1) of this subsection, 2 ems

17 to the right;

18 (3) by striking ‘‘pursuant to this Act’’ and in19 serting ‘‘by the Secretary pursuant to this Act or any

20 other law approved after the date of the enactment of

21 this Act’’; and

22 (4) by adding at the end thereof the following:

23 ‘‘(2) DREDGED MATERIAL DISPOSAL FACILI24 TIES.—The Federal share of the cost of constructing

25 land-based and aquatic dredged material disposal fa-
35

•S 640 EAH

1 cilities that are necessary for the disposal of dredged

2 material required for the operation and maintenance

3 of a project and for which a contract for construction

4 has not been awarded on or before the date of the en5 actment of this paragraph shall be determined in ac6 cordance with subsection (a). The Federal share of op7 erating and maintaining such facilities shall be deter8 mined in accordance with paragraph (1).’’.

9 (c) AGREEMENT.—Section 101(e)(1) of such Act (33

10 U.S.C. 2211(e)(1); 100 Stat. 4083) is amended by striking

11 ‘‘and to provide dredged material disposal areas and per12 form’’ and inserting ‘‘including those necessary for dredged

13 material disposal facilities, and to perform’’.

14 (d) CONSIDERATION OF FUNDING REQUIREMENTS AND

15 EQUITABLE APPORTIONMENT.—Section 101 of such Act (33

16 U.S.C. 2211; 100 Stat. 4082–4084) is further amended by

17 adding at the end the following:

18 ‘‘(f) CONSIDERATION OF FUNDING REQUIREMENTS

19 AND EQUITABLE APPORTIONMENT.—The Secretary shall

20 ensure, to the extent practicable, that—

21 ‘‘(1) funding necessary for operation and main22 tenance dredging of commercial navigation harbors is

23 provided before Federal funds are obligated for pay24 ment of the Federal share of costs associated with con-
36

•S 640 EAH

1 struction of dredged material disposal facilities in ac2 cordance with subsections (a) and (b);

3 ‘‘(2) funds expended for such construction are eq4 uitably apportioned in accordance with regional

5 needs; and

6 ‘‘(3) the Secretary’s participation in the con7 struction of dredged material disposal facilities does

8 not result in unfair competition with potential pri9 vate sector providers of such facilities.’’.

10 (e) ELIGIBLE OPERATIONS AND MAINTENANCE DE11 FINED.—Section 214(2) of such Act (33 U.S.C. 2241; 100

12 Stat. 4108) is amended—

13 (1) in subparagraph (A)—

14 (A) by inserting ‘‘Federal’’ after ‘‘means

15 all’’;

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

17 and

18 (C) by inserting before the period at the end

19 the following: ‘‘; (ii) the construction of dredged

20 material disposal facilities that are necessary for

21 the operation and maintenance of any harbor or

22 inland harbor; (iii) dredging and disposing of

23 contaminated sediments which are in or which

24 affect the maintenance of Federal navigation

25 channels; (iv) mitigating for impacts resulting
37

•S 640 EAH

1 from Federal navigation operation and mainte2 nance activities; and (v) operating and main3 taining dredged material disposal facilities’’;

4 and

5 (2) in subparagraph (C) by striking ‘‘rights-of6 way, or dredged material disposal areas,’’ and insert7 ing ‘‘or rights-of-way,’’.

8 (f) AMENDMENT OF COOPERATION AGREEMENT.—If

9 requested by the non-Federal interest, the Secretary shall

10 amend a project cooperation agreement executed on or be11 fore the date of the enactment of this Act to reflect the appli12 cation of the amendments made by this section to any

13 project for which a contract for construction has not been

14 awarded on or before such date of enactment.

15 (g) SAVINGS CLAUSE.—Nothing in this section (in16 cluding the amendments made by this section) shall in17 crease, or result in the increase of, the non-Federal share

18 of the costs of—

19 (1) any dredged material disposal facility au20 thorized before the date of the enactment of this Act,

21 including any facility authorized by section 123 of

22 the River and Harbor Act of 1970 (84 Stat. 1823);

23 or

24 (2) any dredged material disposal facility that is

25 necessary for the construction or maintenance of a
38

•S 640 EAH

1 project authorized before the date of the enactment of

2 this Act.

3 SEC. 202. FLOOD CONTROL POLICY.

4 (a) FLOOD CONTROL COST SHARING.—

5 (1) INCREASED NON-FEDERAL CONTRIBUTIONS.—

6 Subsections (a) and (b) of section 103 of the Water

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

8 2213(a) and (b)) are each amended by striking ‘‘25

9 percent’’ each place it appears and inserting ‘‘35 per10 cent’’.

11 (2) APPLICABILITY.—The amendments made by

12 paragraph (1) shall apply to any project authorized

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

14 flood control project which is not specifically author15 ized by Congress for which a Detailed Project Report

16 is approved after such date of enactment or, in the

17 case of a project for which no Detailed Project Report

18 is prepared, construction is initiated after such date

19 of enactment.

20 (b) ABILITY TO PAY.—

21 (1) IN GENERAL.—Section 103(m) of such Act

22 (33 U.S.C. 2213(m)) is amended to read as follows:

23 ‘‘(m) ABILITY TO PAY.—

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

25 under this section for flood control or agricultural
39

•S 640 EAH

1 water supply shall be subject to the ability of a non2 Federal interest to pay.

3 ‘‘(2) CRITERIA AND PROCEDURES.—The ability

4 of any non-Federal interest to pay shall be deter5 mined by the Secretary in accordance with criteria

6 and procedures in effect on the day before the date of

7 the enactment of the Water Resources Development

8 Act of 1996; except that such criteria and procedures

9 shall be revised within 6 months after the date of such

10 enactment to reflect the requirements of paragraph

11 (3).

12 ‘‘(3) REVISION OF PROCEDURES.—In revising

13 procedures pursuant to paragraph (1), the Sec14 retary—

15 ‘‘(A) shall consider—

16 ‘‘(i) per capita income data for the

17 county or counties in which the project is to

18 be located; and

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

20 construction of the project for the county or

21 counties in which the project is to be lo22 cated;

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

24 criteria described in subparagraph (A)) in effect
40

•S 640 EAH

1 on the day before the date of the enactment of the

2 Water Resources Development Act of 1996; and

3 ‘‘(C) may consider additional criteria relat4 ing to the non-Federal interest’s financial ability

5 to carry out its cost-sharing responsibilities, to

6 the extent that the application of such criteria

7 does not eliminate areas from eligibility for a re8 duction in the non-Federal share as determined

9 under subparagraph (A).

10 ‘‘(4) NON-FEDERAL SHARE.—Notwithstanding

11 subsection (a), the Secretary shall reduce or eliminate

12 the requirement that a non-Federal interest make a

13 cash contribution for any project that is determined

14 to be eligible for a reduction in the non-Federal share

15 under procedures in effect under paragraphs (1), (2),

16 and (3).’’.

17 (2) APPLICABILITY.—

18 (A) GENERALLY.—Subject to subparagraph

19 (C), the amendment made by paragraph (1)

20 shall apply to any project, or separable element

21 thereof, with respect to which the Secretary and

22 the non-Federal interest have not entered into a

23 project cooperation agreement on or before the

24 date of the enactment of this Act.
41

•S 640 EAH

1 (B) AMENDMENT OF COOPERATION AGREE2 MENT.—If requested by the non-Federal interest,

3 the Secretary shall amend a project cooperation

4 agreement executed on or before the date of the

5 enactment of this Act to reflect the application of

6 the amendment made by paragraph (1) to any

7 project for which a contract for construction has

8 not been awarded on or before such date of enact9 ment.

10 (C) NON-FEDERAL OPTION.—If requested by

11 the non-Federal interest, the Secretary shall

12 apply the criteria and procedures established

13 pursuant to section 103(m) of the Water Re14 sources Development Act of 1986 as in effect on

15 the day before the date of the enactment of this

16 Act for projects that are authorized before the

17 date of the enactment of this Act.

18 (c) FLOOD PLAIN MANAGEMENT PLANS.—

19 (1) IN GENERAL.—Section 402 of such Act (33

20 U.S.C. 701b–12; 100 Stat. 4133) is amended to read

21 as follows:

22 ‘‘SEC. 402. FLOOD PLAIN MANAGEMENT REQUIREMENTS.

23 ‘‘(a) COMPLIANCE WITH FLOOD PLAIN MANAGEMENT

24 AND INSURANCE PROGRAMS.—Before construction of any

25 project for local flood protection or any project for hurri-
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1 cane or storm damage reduction and involving Federal as2 sistance from the Secretary, the non-Federal interest shall

3 agree to participate in and comply with applicable Federal

4 flood plain management and flood insurance programs.

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

6 year after the date of signing a project cooperation agree7 ment for construction of a project to which subsection (a)

8 applies, the non-Federal interest shall prepare a flood plain

9 management plan designed to reduce the impacts of future

10 flood events in the project area. Such plan shall be imple11 mented by the non-Federal interest not later than 1 year

12 after completion of construction of the project.

13 ‘‘(c) GUIDELINES.—

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

15 date of the enactment of this subsection, the Secretary

16 shall develop guidelines for preparation of flood plain

17 management plans by non-Federal interests under

18 subsection (b). Such guidelines shall address potential

19 measures, practices and policies to reduce loss of life,

20 injuries, damages to property and facilities, public

21 expenditures, and other adverse impacts associated

22 with flooding and to preserve and enhance natural

23 flood plain values.

24 ‘‘(2) LIMITATION ON STATUTORY CONSTRUC25 TION.—Nothing in this subsection shall be construed
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1 to confer any regulatory authority upon the Sec2 retary.

3 ‘‘(d) TECHNICAL SUPPORT.—The Secretary is author4 ized to provide technical support to a non-Federal interest

5 for a project to which subsection (a) applies for the develop6 ment and implementation of plans prepared under sub7 section (b).’’.

8 (2) APPLICABILITY.—The amendment made by

9 paragraph (1) shall apply to any project or separable

10 element thereof with respect to which the Secretary

11 and the non-Federal interest have not entered into a

12 project cooperation agreement on or before the date of

13 the enactment of this Act.

14 (d) NON-STRUCTURAL FLOOD CONTROL POLICY.—

15 (1) REVIEW.—The Secretary shall conduct a re16 view of policies, procedures, and techniques relating

17 to the evaluation and development of flood control

18 measures with a view toward identifying impedi19 ments that may exist to justifying non-structural

20 flood control measures as alternatives to structural

21 measures.

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 findings on the

25 review conducted under this subsection, together with
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1 any recommendations for modifying existing law to

2 remove any impediments identified under such re3 view.

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

5 Act entitled ‘‘An Act authorizing the construction of certain

6 public works on rivers and harbors for flood control, and

7 for other purposes’’, approved August 18, 1941 (33 U.S.C.

8 701n(a)(1)), is amended by inserting before the first semi9 colon the following: ‘‘, or in implementation of non10 structural alternatives to the repair or restoration of such

11 flood control work if requested by the non-Federal sponsor’’.

12 (f) NONSTRUCTURAL ALTERNATIVES.—Section 73 of

13 the Water Resources Development Act of 1974 (33 U.S.C.

14 701b–11; 88 Stat. 32) is amended by striking subsection

15 (a) and inserting the following:

16 ‘‘(a) In the survey, planning, or design by any Federal

17 agency of any project involving flood protection, such agen18 cy, with a view toward formulating the most economically,

19 socially, and environmentally acceptable means of reducing

20 or preventing flood damages, shall consider and address in

21 adequate detail nonstructural alternatives, including meas22 ures that may be implemented by others, to prevent or re23 duce flood damages. Such alternatives may include water24 shed management, wetlands restoration, elevation or flood

25 proofing of structures, floodplain regulation, relocation, and
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1 acquisition of floodplain lands for recreational, fish and

2 wildlife, and other public purposes.’’.

3 SEC. 203. FEASIBILITY STUDY COST-SHARING.

4 (a) NON-FEDERAL SHARE.—Section 105(a)(1) of the

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

6 2215(a)(1)) is amended—

7 (1) in the first sentence, by striking ‘‘during the

8 period of such study’’;

9 (2) by inserting after the first sentence the fol10 lowing: ‘‘During the period of the study, the non-Fed11 eral share of the cost of the study shall be not more

12 than 50 percent of the estimate of the cost of the study

13 as contained in the feasibility cost-sharing agreement.

14 The cost estimate may be amended only by mutual

15 agreement of the Secretary and the non-Federal inter16 ests. The non-Federal share of any costs in excess of

17 the cost estimate shall, except as otherwise mutually

18 agreed by the Secretary and the non-Federal interests,

19 be payable after the project has been authorized for

20 construction and on the date on which the Secretary

21 and non-Federal interests enter into an agreement

22 pursuant to section 101(e) or 103(j). In the event the

23 project which is the subject of the study is not author24 ized within the earlier of 5 years of the date of the

25 final report of the Chief of Engineers concerning such
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1 study or 2 years of the date of termination of the

2 study, the non-Federal share of any such excess costs

3 shall be paid to the United States on the last day

4 of such period.’’; and

5 (3) in the second sentence, by striking ‘‘such non6 Federal contribution’’ and inserting ‘‘the non-Federal

7 share required under this paragraph’’.

8 (b) APPLICABILITY.—The amendments made by sub9 section (a) shall apply notwithstanding any feasibility cost10 sharing agreement entered into by the Secretary and non11 Federal interests. Upon request of the non-Federal interest,

12 the Secretary shall amend any feasibility cost-sharing

13 agreements in effect on the date of enactment of this Act

14 so as to conform the agreements with the amendments.

15 (c) LIMITATION ON STATUTORY CONSTRUCTION.—

16 Nothing in this section or any amendment made by this

17 section shall require the Secretary to reimburse the non18 Federal interests for funds previously contributed for a

19 study.

20 SEC. 204. RESTORATION OF ENVIRONMENTAL QUALITY.

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

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

23 2309a(a)) is amended—

24 (1) by striking ‘‘the operation of’’; and
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1 (2) by inserting before the period at the end the

2 following: ‘‘and to determine if the operation of such

3 projects has contributed to the degradation of the

4 quality of the environment’’.

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

6 Act is amended by striking the last 2 sentences of subsection

7 (b).

8 (c) RESTORATION OF ENVIRONMENTAL QUALITY.—

9 Section 1135 of such Act is further amended—

10 (1) by redesignating subsections (c), (d), and (e)

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

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

13 new subsections:

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

15 the Secretary determines that construction of a water re16 source project by the Secretary or operation of a water re17 sources project constructed by the Secretary has contributed

18 to the degradation of the quality of the environment, the

19 Secretary may undertake measures for restoration of envi20 ronmental quality and measures for enhancement of envi21 ronmental quality that are associated with the restoration,

22 either through modifications at the project site or at other

23 locations that have been affected by the construction or oper24 ation of the project, if such measures do not conflict with

25 the authorized project purposes.
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1 ‘‘(d) NON-FEDERAL SHARE; LIMITATION ON MAXIMUM

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

3 cost of any modifications or measures carried out or under4 taken pursuant to subsection (b) or (c) of this section shall

5 be 25 percent. Not more than 80 percent of the non-Federal

6 share may be in kind, including a facility, supply, or serv7 ice that is necessary to carry out the modification. No more

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

9 single modification or measure carried out or undertaken

10 pursuant to this section.’’; and

11 (3) in subsection (f), as so redesignated, by strik12 ing ‘‘program conducted under subsection (b)’’ and

13 inserting ‘‘programs conducted under subsections (b)

14 and (c)’’.

15 (d) DEFINITION.—Section 1135 of such Act is further

16 amended by adding at the end the following:

17 ‘‘(h) DEFINITION.—In this section the term ‘water re18 sources project constructed by the Secretary’ includes a

19 water resources project constructed or funded jointly by the

20 Secretary and the head of any other Federal agency (includ21 ing the Natural Resources Conservation Service).’’.

22 SEC. 205. ENVIRONMENTAL DREDGING.

23 Section 312 of the Water Resources Development Act

24 of 1990 (104 Stat. 4639–4640) is amended—
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1 (1) in each of subsections (a), (b), and (c) by in2 serting ‘‘and remediate’’ after ‘‘remove’’ each place it

3 appears;

4 (2) in subsection (b)(1) by inserting ‘‘and reme5 diation’’ after ‘‘removal’’ each place it appears;

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

7 ‘‘$10,000,000’’ and inserting ‘‘$30,000,000’’; and

8 (4) by striking subsection (f) and inserting the

9 following:

10 ‘‘(f) In carrying out this section, the Secretary shall

11 give priority to work in the following areas:

12 ‘‘(1) Brooklyn Waterfront, New York.

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

14 ‘‘(3) Ashtabula River, Ohio.

15 ‘‘(4) Mahoning River, Ohio.

16 ‘‘(5) Lower Fox River, Wisconsin.’’.

17 SEC. 206. AQUATIC ECOSYSTEM RESTORATION.

18 (a) GENERAL AUTHORITY.—The Secretary is author19 ized to carry out aquatic ecosystem restoration and protec20 tion projects when the Secretary determines that such

21 projects will improve the quality of the environment and

22 are in the public interest and that the environmental and

23 economic benefits, both monetary and nonmonetary, of the

24 project to be undertaken pursuant to this section justify the

25 cost.
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1 (b) COST SHARING.—Non-Federal interests shall pro2 vide 50 percent of the cost of construction of any project

3 carried out under this section, including provision of all

4 lands, easements, rights-of-way, and necessary relocations.

5 (c) AGREEMENTS.—Construction of a project under

6 this section shall be initiated only after a non-Federal inter7 est has entered into a binding agreement with the Secretary

8 to pay the non-Federal share of the costs of construction

9 required by this section and to pay 100 percent of any oper10 ation, maintenance, and replacement and rehabilitation

11 costs with respect to the project in accordance with regula12 tions prescribed by the Secretary.

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

14 Federal funds may be allotted under this section for a

15 project at any single locality.

16 (e) FUNDING.—There is authorized to be appropriated

17 not to exceed $25,000,000 annually to carry out this section.

18 SEC. 207. BENEFICIAL USES OF DREDGED MATERIAL.

19 Section 204 of the Water Resources Development Act

20 of 1992 (106 Stat. 4826) is amended—

21 (1) by redesignating subsection (e) as subsection

22 (f); and

23 (2) by inserting after subsection (d) the follow24 ing:
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1 ‘‘(e) SELECTION OF DREDGED MATERIAL DISPOSAL

2 METHOD.—In developing and carrying out a project for

3 navigation involving the disposal of dredged material, the

4 Secretary may select, with the consent of the non-Federal

5 interest, a disposal method that is not the least-cost option

6 if the Secretary determines that the incremental costs of

7 such disposal method are minimal and that the benefits to

8 the aquatic environment to be derived from such disposal

9 method, including the creation of wetlands and control of

10 shoreline erosion, justify its selection. The Federal share of

11 such incremental costs shall be determined in accordance

12 with subsection (c).’’.

13 SEC. 208. RECREATION POLICY AND USER FEES.

14 (a) RECREATION POLICIES.—

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

16 increased emphasis on and opportunities for recre17 ation at water resources projects operated, main18 tained, or constructed by the Corps of Engineers.

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

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

21 transmit to Congress a report on specific measures

22 taken to implement this subsection.

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

24 Flood Control Act of 1968 (16 U.S.C. 460d–3(b)) is amend25 ed by adding at the end the following:
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1 ‘‘(5) USE OF FEES COLLECTED AT FACILITY.—

2 Subject to advance appropriations, the Secretary of

3 the Army shall ensure that at least an amount equal

4 to the total amount of fees collected at any project

5 under this subsection in a fiscal year beginning after

6 September 30, 1996, are expended in the succeeding

7 fiscal year at such project for operation and mainte8 nance of recreational facilities at such project.’’.

9 SEC. 209. RECOVERY OF COSTS.

10 Amounts recovered under section 107 of the Com11 prehensive Environmental Response, Compensation, and

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

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

14 Works program and any other amounts recovered by the

15 Secretary from a contractor, insurer, surety, or other person

16 to reimburse the Army for any expenditure for environ17 mental response activities in support of the Army civil

18 works program shall be credited to the appropriate trust

19 fund account from which the cost of such response action

20 has been paid or will be charged.

21 SEC. 210. COST SHARING OF ENVIRONMENTAL PROJECTS.

22 (a) IN GENERAL.—Section 103(c) of the Water Re23 sources Development Act of 1986 (33 U.S.C. 2213(c)) is

24 amended—
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1 (1) by striking ‘‘and’’ at the end of paragraph

2 (5);

3 (2) by striking the period at the end of para4 graph (6) and inserting ‘‘; and’’; and

5 (3) by inserting after paragraph (6) the follow6 ing new paragraph:

7 ‘‘(7) subject to section 906 of this Act, environ8 mental protection and restoration: 50 percent.’’.

9 (b) APPLICABILITY.—The amendments made by sub10 section (a) apply only to projects authorized after the date

11 of the enactment of this Act.

12 SEC. 211. CONSTRUCTION OF FLOOD CONTROL PROJECTS

13 BY NON-FEDERAL INTERESTS.

14 (a) AUTHORITY.—Non-Federal interests are authorized

15 to undertake flood control projects in the United States, sub16 ject to obtaining any permits required pursuant to Federal

17 and State laws in advance of actual construction.

18 (b) STUDIES AND DESIGN ACTIVITIES.—

19 (1) BY NON-FEDERAL INTERESTS.—A non-Fed20 eral interest may prepare, for review and approval by

21 the Secretary, the necessary studies and design docu22 ments for any construction to be undertaken pursuant

23 to subsection (a).

24 (2) BY SECRETARY.—Upon request of an appro25 priate non-Federal interest, the Secretary may under-
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1 take all necessary studies and design activities for

2 any construction to be undertaken pursuant to sub3 section (a) and provide technical assistance in obtain4 ing all necessary permits for such construction if the

5 non-Federal interest contracts with the Secretary to

6 furnish the United States funds for the studies and

7 design activities during the period that the studies

8 and design activities will be conducted.

9 (c) COMPLETION OF STUDIES AND DESIGN ACTIVI10 TIES.—In the case of any study or design documents for

11 a flood control project that were initiated before the date

12 of the enactment of this Act, the Secretary is authorized

13 to complete and transmit to the appropriate non-Federal

14 interests the study or design documents or, upon the request

15 of such non-Federal interests, to terminate the study or de16 sign activities and transmit the partially completed study

17 or design documents to such non-Federal interests for com18 pletion. Studies and design documents subject to this sub19 section shall be completed without regard to the require20 ments of subsection (b).

21 (d) AUTHORITY TO CARRY OUT IMPROVEMENT.—

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

23 which has received from the Secretary pursuant to

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

25 carry out a flood control project or separable element
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1 thereof based on the results of completed studies and

2 design documents for the project or element, may

3 carry out the project or element if a final environ4 mental impact statement has been filed for the project

5 or element.

6 (2) PERMITS.—Any plan of improvement pro7 posed to be implemented in accordance with this sub8 section shall be deemed to satisfy the requirements for

9 obtaining the appropriate permits required under the

10 Secretary’s authority and such permits shall be grant11 ed subject to the non-Federal interest’s acceptance of

12 the terms and conditions of such permits if the Sec13 retary determines that the applicable regulatory cri14 teria and procedures have been satisfied.

15 (3) MONITORING.—The Secretary shall monitor

16 any project for which a permit is granted under this

17 subsection in order to ensure that such project is con18 structed, operated, and maintained in accordance

19 with the terms and conditions of such permit.

20 (e) REIMBURSEMENT.—

21 (1) GENERAL RULE.—Subject to appropriation

22 Acts, the Secretary is authorized to reimburse any

23 non-Federal interest an amount equal to the estimate

24 of the Federal share, without interest, of the cost of
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1 any authorized flood control project, or separable ele2 ment thereof, constructed pursuant to this section—

3 (A) if, after authorization and before initi4 ation of construction of the project or separable

5 element, the Secretary approves the plans for

6 construction of such project by the non-Federal

7 interest; and

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

9 studies and design documents prepared pursuant

10 to this section, that construction of the project or

11 separable element is economically justified and

12 environmentally acceptable.

13 (2) SPECIAL RULES.—

14 (A) REIMBURSEMENT.—For work (includ15 ing work associated with studies, planning, de16 sign, and construction) carried out by a non17 Federal interest with respect to a project de18 scribed in subsection (f), the Secretary shall, sub19 ject to amounts being made available in advance

20 in appropriations Acts, reimburse, without inter21 est, the non-Federal interest an amount equal to

22 the estimated Federal share of the cost of such

23 work if such work is later recommended by the

24 Chief of Engineers and approved by the Sec25 retary.
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1 (B) CREDIT.—If the non-Federal interest

2 for a project described in subsection (f) carries

3 out work before completion of a reconnaissance

4 study by the Secretary and if such work is deter5 mined by the Secretary to be compatible with the

6 project later recommended by the Secretary, the

7 Secretary shall credit the non-Federal interest

8 for its share of the cost of the project for such

9 work.

10 (3) MATTERS TO BE CONSIDERED IN REVIEWING

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

12 Secretary shall consider budgetary and programmatic

13 priorities and other factors that the Secretary deems

14 appropriate.

15 (4) MONITORING.—The Secretary shall regularly

16 monitor and audit any project for flood control ap17 proved for construction under this section by a non18 Federal interest in order to ensure that such construc19 tion is in compliance with the plans approved by the

20 Secretary and that the costs are reasonable.

21 (5) LIMITATION ON REIMBURSEMENTS.—No re22 imbursement shall be made under this section unless

23 and until the Secretary has certified that the work for

24 which reimbursement is requested has been performed
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1 in accordance with applicable permits and approved

2 plans.

3 (f) SPECIFIC PROJECTS.—For the purpose of dem4 onstrating the potential advantages and effectiveness of

5 non-Federal implementation of flood control projects, the

6 Secretary shall enter into agreements pursuant to this sec7 tion with non-Federal interests for development of the fol8 lowing flood control projects by such interests:

9 (1) BERRYESSA CREEK, CALIFORNIA.—The

10 Berryessa Creek element of the project for flood con11 trol, Coyote and Berryessa Creeks, California, author12 ized by section 101(a)(5) of the Water Resources De13 velopment Act of 1990 (104 Stat. 4606); except that,

14 subject to the approval of the Secretary as provided

15 by this section, the non-Federal interest may design

16 and construct an alternative to such element.

17 (2) LOS ANGELES COUNTY DRAINAGE AREA,

18 CALIFORNIA.—The project for flood control, Los Ange19 les County Drainage Area, California, authorized by

20 section 101(b) of the Water Resources Development

21 Act of 1990 (104 Stat. 4611).

22 (3) STOCKTON METROPOLITAN AREA, CALIFOR23 NIA.—The project for flood control, Stockton Metro24 politan Area, California.
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1 (4) UPPER GUADALUPE RIVER, CALIFORNIA.—

2 The project for flood control, Upper Guadalupe River,

3 California.

4 (5) BRAYS BAYOU, TEXAS.—Flood control compo5 nents comprising the Brays Bayou element of the

6 project for flood control, Buffalo Bayou and Tribu7 taries, Texas, authorized by section 101(a)(21) of the

8 Water Resources Development Act of 1990 (104 Stat.

9 4610); except that, subject to the approval of the Sec10 retary as provided by this section, the non-Federal in11 terest may design and construct an alternative to the

12 diversion component of such element.

13 (6) HUNTING BAYOU, TEXAS.—The Hunting

14 Bayou element of the project for flood control, Buffalo

15 Bayou and Tributaries, Texas, authorized by such

16 section; except that, subject to the approval of the Sec17 retary as provided by this section, the non-Federal in18 terest may design and construct an alternative to

19 such element.

20 (7) WHITE OAK BAYOU, TEXAS.—The project for

21 flood control, White Oak Bayou watershed, Texas.

22 (g) TREATMENT OF FLOOD DAMAGE PREVENTION

23 MEASURES.—For the purposes of this section, flood damage

24 prevention measures at or in the vicinity of Morgan City

25 and Berwick, Louisiana, shall be treated as an authorized
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1 element of the Atchafalaya Basin feature of the project for

2 flood control, Mississippi River and Tributaries.

3 SEC. 212. ENGINEERING AND ENVIRONMENTAL INNOVA4 TIONS OF NATIONAL SIGNIFICANCE.

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

6 innovative and environmentally sound engineering solu7 tions and innovative environmental solutions to problems

8 of national significance, the Secretary may undertake sur9 veys, plans, and studies and prepare reports which may

10 lead to work under existing civil works authorities or to

11 recommendations for authorizations.

12 (b) FUNDING.—

13 (1) AUTHORIZATION OF APPROPRIATIONS.—

14 There is authorized to be appropriated to carry out

15 this section $3,000,000 for each fiscal year beginning

16 after September 30, 1996.

17 (2) FUNDING FROM OTHER SOURCES.—The Sec18 retary may accept and expend additional funds from

19 other Federal agencies, States, or non-Federal entities

20 for purposes of carrying out this section.

21 SEC. 213. LEASE AUTHORITY.

22 Notwithstanding any other provision of law, the Sec23 retary may lease space available in buildings for which

24 funding for construction or purchase was provided from the

25 revolving fund established by the 1st section of the Civil
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1 Functions Appropriations Act, 1954 (33 U.S.C. 576; 67

2 Stat. 199) under such terms and conditions as are accept3 able to the Secretary. The proceeds from such leases shall

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

5 in such Act.

6 SEC. 214. COLLABORATIVE RESEARCH AND DEVELOPMENT.

7 (a) FUNDING FROM OTHER FEDERAL SOURCES.—Sec8 tion 7 of the Water Resources Development Act of 1988 (102

9 Stat. 4022–4023) is amended—

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

11 before ‘‘mission’’; and

12 (2) by striking subsection (e) and inserting the

13 following:

14 ‘‘(e) FUNDING FROM OTHER FEDERAL SOURCES.—

15 The Secretary may accept and expend additional funds

16 from other Federal programs, including other Department

17 of Defense programs, to carry out the purposes of this sec18 tion.’’.

19 (b) PRE-AGREEMENT TEMPORARY PROTECTION OF

20 TECHNOLOGY.—Such section 7 is further amended—

21 (1) by redesignating subsections (b), (c), (d), and

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

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

24 new subsection:
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1 ‘‘(b) PRE-AGREEMENT TEMPORARY PROTECTION OF

2 TECHNOLOGY.—

3 ‘‘(1) IN GENERAL.—If the Secretary determines

4 that information developed as a result of research and

5 development activities conducted by the Corps of En6 gineers is likely to be subject to a cooperative research

7 and development agreement within 2 years of its de8 velopment and that such information would be a

9 trade secret or commercial or financial information

10 that would be privileged or confidential if the infor11 mation had been obtained from a non-Federal party

12 participating in a cooperative research and develop13 ment agreement under section 12 of the Stevenson14 Wydler Technology Innovation Act of 1980, the Sec15 retary may provide appropriate protection against

16 the dissemination of such information, including ex17 emption from subchapter II of chapter 5 of title 5,

18 United States Code, until the earlier of the date the

19 Secretary enters into such an agreement with respect

20 to such technology or the last day of the 2-year period

21 beginning on the date of such determination.

22 ‘‘(2) TREATMENT.—Any technology covered by

23 this section which becomes the subject of a cooperative

24 research and development agreement shall be accorded

25 the protection provided under section 12(c)(7)(B) of
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1 such Act (15 U.S.C. 3710a(c)(7)(B)) as if such tech2 nology had been developed under a cooperative re3 search and development agreement.’’; and

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

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

6 SEC. 215. DAM SAFETY PROGRAM.

7 (a) SHORT TITLE.—This section may be cited as the

8 ‘‘National Dam Safety Program Act of 1996’’.

9 (b) FINDINGS.—Congress finds the following:

10 (1) Dams are an essential part of the national

11 infrastructure. Dams fail from time to time with cat12 astrophic results; thus, dam safety is a vital public

13 concern.

14 (2) Dam failures have caused, and can cause in

15 the future, enormous loss of life, injury, destruction of

16 property, and economic and social disruption.

17 (3) Some dams are at or near the end of their

18 structural, useful, or operational life. With respect to

19 future dam failures, the loss, destruction, and disrup20 tion can be substantially reduced through the develop21 ment and implementation of dam safety hazard re22 duction measures, including—

23 (A) improved design and construction

24 standards and practices supported by a national

25 dam performance resource bank;
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1 (B) safe operations and maintenance proce2 dures;

3 (C) early warning systems;

4 (D) coordinated emergency preparedness

5 plans; and

6 (E) public awareness and involvement pro7 grams.

8 (4) Dam safety problems persist nationwide. The

9 diversity in Federal and State dam safety programs

10 calls for national leadership in a cooperative effort

11 involving Federal and State governments and the pri12 vate sector. An expertly staffed and adequately fi13 nanced dam safety hazard reduction program, based

14 on Federal, State, local, and private research, plan15 ning, decisionmaking, and contributions, would re16 duce the risk of such loss, destruction, and disruption

17 from dam failure by an amount far greater than the

18 cost of such program.

19 (5) There is a fundamental need for a national

20 dam safety program and the need will continue. An

21 effective national program in dam safety hazards re22 duction will require input from and review by Fed23 eral and non-Federal experts in dams design, con24 struction, operation, and maintenance and in the

25 practical application of dam failure hazards reduc-
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1 tion measures. At the present time, there is no na2 tional dam safety program.

3 (6) The coordinating authority for national lead4 ership is provided through the Federal Emergency

5 Management Agency’s (hereinafter in this section re6 ferred to as ‘‘FEMA’’) dam safety program through

7 Executive Order 12148 in coordination with appro8 priate Federal agencies and the States.

9 (7) While FEMA’s dam safety program shall

10 continue as a proper Federal undertaking and shall

11 provide the foundation for a National Dam Safety

12 Program, statutory authority to meet increasing

13 needs and to discharge Federal responsibilities in na14 tional dam safety is needed.

15 (8) Statutory authority will strengthen FEMA’s

16 leadership role, will codify the national dam safety

17 program, and will authorize the Director of FEMA

18 (hereinafter in this section referred to as the ‘‘Direc19 tor’’) to communicate directly with Congress on au20 thorizations and appropriations and to build upon

21 the hazard reduction aspects of national dam safety.

22 (c) PURPOSE.—It is the purpose of this section to re23 duce the risks to life and property from dam failure in the

24 United States through the establishment and maintenance

25 of an effective national dam safety program which will
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1 bring together the Federal and non-Federal communities’

2 expertise and resources to achieve national dam safety haz3 ard reduction. It is not the intent of this section to preempt

4 any other Federal or State authorities nor is the intent of

5 this section to mandate State participation in the grant

6 assistance program to be established under this section.

7 (d) DEFINITIONS.—In this section, the following defi8 nitions apply:

9 (1) FEDERAL AGENCY.—The term ‘‘Federal agen10 cy’’ means any Federal agency that designs, finances,

11 constructs, owns, operates, maintains, or regulates the

12 construction, operation, or maintenance of any dam.

13 (2) NON-FEDERAL AGENCY.—The term ‘‘non-Fed14 eral agency’’ means any State agency that has regu15 latory authority over the safety of non-Federal dams.

16 (3) FEDERAL GUIDELINES FOR DAM SAFETY.—

17 The term ‘‘Federal Guidelines for Dam Safety’’ refers

18 to a FEMA publication number 93, dated June 1979,

19 which defines management practices for dam safety at

20 all Federal agencies.

21 (4) PROGRAM.—The term ‘‘program’’ means the

22 national dam safety program established under sub23 section (e).

24 (5) DAM.—The term ‘‘dam’’ means any artificial

25 barrier with the ability to impound water,
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•S 640 EAH

1 wastewater, or liquid-borne materials for the purpose

2 of storage or control of water which is—

3 (A) 25 feet or more in height from (i) the

4 natural bed of the stream or watercourse meas5 ured at the downstream toe of the barrier, or (ii)

6 from the lowest elevation of the outside limit of

7 the barrier if the barrier is not across a stream

8 channel or watercourse, to the maximum water

9 storage elevation; or

10 (B) has an impounding capacity for maxi11 mum storage elevation of 50 acre-feet or more.

12 Such term does not include any such barrier which

13 is not greater than 6 feet in height regardless of stor14 age capacity or which has a storage capacity at max15 imum water storage elevation not greater than 15

16 acre-feet regardless of height, unless such barrier, due

17 to its location or other physical characteristics, is

18 likely to pose a significant threat to human life or

19 property in the event of its failure. Such term does

20 not include a levee.

21 (6) HAZARD REDUCTION.—The term ‘‘hazard re22 duction’’ means those efforts utilized to reduce the po23 tential consequences of dam failure to life and prop24 erty.
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•S 640 EAH

1 (7) STATE.—The term ‘‘State’’ means each of the

2 50 States of the United States, the District of Colum3 bia, the Commonwealth of Puerto Rico, the Virgin Is4 lands, Guam, American Samoa, the Commonwealth of

5 the Northern Mariana Islands, and any other terri6 tory or possession of the United States.

7 (8) PARTICIPATING STATE.—The term ‘‘partici8 pating State’’ means any State that elects to partici9 pate in the grant assistance program established

10 under this Act.

11 (9) UNITED STATES.—The term ‘‘United States’’

12 means, when used in a geographical sense, all of the

13 States.

14 (10) MODEL STATE DAM SAFETY PROGRAM.—The

15 term ‘‘Model State Dam Safety Program’’ refers to a

16 document, published by FEMA (No. 123, dated April

17 1987) and its amendments, developed by State dam

18 safety officials, which acts as a guideline to State

19 dam safety agencies for establishing a dam safety reg20 ulatory program or improving an already-established

21 program.

22 (e) NATIONAL DAM SAFETY PROGRAM.—

23 (1) AUTHORITY.—The Director, in consultation

24 with appropriate Federal agencies, State dam safety

25 agencies, and the National Dam Safety Review Board
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•S 640 EAH

1 established by paragraph (5)(C), shall establish and

2 maintain, in accordance with the provisions and

3 policies of this Act, a coordinated national dam safety

4 program. This program shall—

5 (A) be administered by FEMA to achieve

6 the objectives set forth in paragraph (3);

7 (B) involve, where appropriate, the Depart8 ments of Agriculture, Defense, Energy, Interior,

9 and Labor, the Federal Energy Regulatory Com10 mission, the Nuclear Regulatory Commission, the

11 International Boundaries Commission (United

12 States section), the Tennessee Valley Authority,

13 and FEMA; and

14 (C) include each of the components de15 scribed in paragraph (4), the implementation

16 plan described in paragraph (5), and the assist17 ance for State dam safety programs to be pro18 vided under this section.

19 (2) DUTIES.—The Director—

20 (A) within 270 days after the date of the

21 enactment of this Act, shall develop the imple22 mentation plan described in paragraph (5);

23 (B) within 300 days after such date of en24 actment, shall submit to the appropriate author-
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•S 640 EAH

1 izing committees of Congress the implementation

2 plan described in paragraph (5); and

3 (C) by rule within 360 days after such date

4 of enactment—

5 (i) shall develop and implement the

6 national dam safety program under this

7 section;

8 (ii) shall establish goals, priorities, and

9 target dates for implementation of the pro10 gram; and

11 (iii) shall provide a method for co12 operation and coordination with, and as13 sistance to (as feasible), interested govern14 mental entities in all States.

15 (3) OBJECTIVES.—The objectives of the national

16 dam safety program are as follows:

17 (A) To ensure that new and existing dams

18 are safe through the development of techno19 logically and economically feasible programs and

20 procedures for national dam safety hazard reduc21 tion.

22 (B) To encourage acceptable engineering

23 policies and procedures used for dam site inves24 tigation, design, construction, operation and

25 maintenance, and emergency preparedness.
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•S 640 EAH

1 (C) To encourage establishment and imple2 mentation of effective dam safety programs in

3 each participating State based on State stand4 ards.

5 (D) To develop and encourage public aware6 ness projects to increase public acceptance and

7 support of State dam safety programs.

8 (E) To develop technical assistance mate9 rials for Federal and non-Federal dam safety

10 programs.

11 (F) To develop mechanisms with which to

12 provide Federal technical assistance for dam

13 safety to the non-Federal sector.

14 (4) COMPONENTS.—

15 (A) IN GENERAL.—The national dam safety

16 program shall consist of a Federal element and

17 a non-Federal element and 3 functional activi18 ties: leadership, technical assistance, and public

19 awareness.

20 (B) ELEMENTS.—

21 (i) FEDERAL ELEMENT.—The Federal

22 element of the program incorporates all the

23 activities and practices undertaken by Fed24 eral agencies to implement the Federal

25 Guidelines for Dam Safety.
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•S 640 EAH

1 (ii) NON-FEDERAL ELEMENT.—The

2 non-Federal element of the program involves

3 the activities and practices undertaken by

4 participating States, local governments, and

5 the private sector to safely build, regulate,

6 operate, and maintain dams and Federal

7 activities which foster State efforts to de8 velop and implement effective programs for

9 the safety of dams.

10 (C) ACTIVITIES.—

11 (i) LEADERSHIP ACTIVITY.—The lead12 ership activity of the program shall be the

13 responsibility of FEMA. FEMA shall co14 ordinate Federal efforts in cooperation with

15 appropriate Federal agencies and State

16 dam safety agencies.

17 (ii) TECHNICAL ASSISTANCE ACTIV18 ITY.—The technical assistance activity of

19 the program involves the transfer of knowl20 edge and technical information among the

21 Federal and non-Federal elements.

22 (iii) PUBLIC AWARENESS ACTIVITY.—

23 The public awareness activity provides for

24 the education of the public, including State

25 and local officials, to the hazards of dam
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•S 640 EAH

1 failure and ways to reduce the adverse con2 sequences of dam failure and related mat3 ters.

4 (5) GRANT ASSISTANCE PROGRAM.—The Director

5 shall develop an implementation plan which shall

6 demonstrate dam safety improvements through fiscal

7 year 2001 and shall recommend appropriate roles for

8 Federal agencies and for State and local units of gov9 ernment, individuals, and private organizations. The

10 implementation plan shall provide, at a minimum,

11 for the following:

12 (A) ASSISTANCE PROGRAM.—In order to en13 courage the establishment and maintenance of ef14 fective programs intended to ensure dam safety

15 to protect human life and property and to im16 prove such existing programs, the Director shall

17 provide, from amounts made available under

18 subsection (g) of this section, assistance to par19 ticipating States to establish and maintain dam

20 safety programs, first, according to the basic pro21 visions for a dam safety program listed below

22 and, second, according to more advanced require23 ments and standards authorized by the review

24 board under subparagraph (C) and the Director

25 with the assistance of established criteria such as
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•S 640 EAH

1 the Model State Dam Safety Program. Partici2 pating State dam safety programs must be work3 ing toward meeting the following primary cri4 teria to be eligible for primary assistance or

5 must meet the following primary criteria prior

6 to working toward advanced assistance:

7 (i) STATE LEGISLATION.—A dam safe8 ty program must be authorized by State leg9 islation to include, at a minimum, the fol10 lowing:

11 (I) PLAN REVIEW AND AP12 PROVAL.—Authority to review and ap13 prove plans and specifications to con14 struct, enlarge, modify, remove, or

15 abandon dams.

16 (II) PERIODIC INSPECTIONS DUR17 ING CONSTRUCTION.—Authority to per18 form periodic inspections during con19 struction for the purpose of ensuring

20 compliance with approved plans and

21 specifications.

22 (III) STATE APPROVAL.—Upon

23 completion of construction, a require24 ment that, before operation of the

25 structure, State approval is received.
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•S 640 EAH

1 (IV) SAFETY INSPECTIONS.—Au2 thority to require or perform the in3 spection of all dams and reservoirs

4 that pose a significant threat to human

5 life and property in the event of failure

6 at least every 5 years to determine

7 their continued safety and a procedure

8 for more detailed and frequent safety

9 inspections.

10 (V) PROFESSIONAL ENGINEER.—A

11 requirement that all inspections be per12 formed under the supervision of a reg13 istered professional engineer with relat14 ed experience in dam design and con15 struction.

16 (VI) ORDERS.—Authority to issue

17 orders, when appropriate, to require

18 owners of dams to perform necessary

19 maintenance or remedial work, revise

20 operating procedures, or take other ac21 tions, including breaching dams when

22 deemed necessary.

23 (VII) REGULATIONS.—Rules and

24 regulations for carrying out the provi-
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•S 640 EAH

1 sions of the State’s legislative author2 ity.

3 (VIII) EMERGENCY FUNDS.—Nec4 essary emergency funds to assure time5 ly repairs or other changes to, or re6 moval of, a dam in order to protect

7 human life and property and, if the

8 owner does not take action, to take ap9 propriate action as expeditiously as

10 possible.

11 (IX) EMERGENCY PROCEDURES.—

12 A system of emergency procedures that

13 would be utilized in the event a dam

14 fails or in the event a dam’s failure is

15 imminent, together with an identifica16 tion of those dams where failure could

17 be reasonably expected to endanger

18 human life and of the maximum area

19 that could be inundated in the event of

20 a failure of the dam, as well as identi21 fication of those necessary public facili22 ties that would be affected by such in23 undation.
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•S 640 EAH

1 (ii) STATE APPROPRIATIONS.—State

2 appropriations must be budgeted to carry

3 out the provisions of the State legislation.

4 (B) WORK PLAN CONTRACTS.—The Director

5 shall enter into contracts with each participating

6 State to determine a work plan necessary for a

7 particular State dam safety program to reach a

8 level of program performance previously agreed

9 upon in the contract. Federal assistance under

10 this section shall be provided to aid the State

11 dam safety program in achieving its goal.

12 (C) NATIONAL DAM SAFETY REVIEW

13 BOARD.—

14 (i) IN GENERAL.—There is authorized

15 to be established a National Dam Safety

16 Review Board (hereinafter in this section

17 referred to as the ‘‘Board’’), which shall be

18 responsible for monitoring participating

19 State implementation of the requirements of

20 the assistance program. The Board is au21 thorized to utilize the expertise of other

22 agencies of the United States and to enter

23 into contracts for necessary studies to carry

24 out the requirements of this section. The
78

•S 640 EAH

1 Board shall consist of 11 members selected

2 for their expertise in dam safety as follows:

3 (I) 5 to represent FEMA, the Fed4 eral Energy Regulatory Commission,

5 and the Departments of Agriculture,

6 Defense, and Interior.

7 (II) 5 members selected by the Di8 rector who are dam safety officials of

9 States.

10 (III) 1 member selected by the Di11 rector to represent the United States

12 Committee on Large Dams.

13 (ii) NO COMPENSATION OF MEM14 BERS.—Each member of the Board who is

15 an officer or employee of the United States

16 shall serve without compensation in addi17 tion to compensation received for the serv18 ices of the member as an officer or employee

19 of the United States. Each member of the

20 Board who is not an officer or employee of

21 the United States shall serve without com22 pensation.

23 (iii) TRAVEL EXPENSES.—Each mem24 ber of the Board shall be allowed travel ex25 penses, including per diem in lieu of sub-
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•S 640 EAH

1 sistence, at rates authorized for an employee

2 of an agency under subchapter I of chapter

3 57 of title 5, United States Code, while

4 away from home or regular place of busi5 ness of the member in the performance of

6 services for the Board.

7 (iv) NONAPPLICABILITY OF FEDERAL

8 ADVISORY COMMITTEE ACT.—The Federal

9 Advisory Committee Act (5 U.S.C. App.)

10 shall not apply to the Board.

11 (D) MAINTENANCE OF EFFORT.—No grant

12 may be made to a participating State under this

13 subsection in any fiscal year unless the State en14 ters into such agreement with the Director as the

15 Director may require to ensure that the partici16 pating State will maintain its aggregate expend17 itures from all other sources for programs to as18 sure dam safety for the protection of human life

19 and property at or above the average level of

20 such expenditures in its 2 fiscal years preceding

21 the date of the enactment of this Act.

22 (E) PROCEDURE FOR APPROVAL OF STATE

23 PARTICIPATION.—Any program which is submit24 ted to the Director for participation in the as25 sistance program under this subsection shall be
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•S 640 EAH

1 deemed approved 120 days following its receipt

2 by the Director unless the Director determines

3 within such 120-day period that the submitted

4 program fails to reasonably meet the require5 ments of subparagraphs (A) and (B). If the Di6 rector determines the submitted program cannot

7 be approved for participation, the Director shall

8 immediately notify the State in writing, together

9 with his or her reasons and those changes needed

10 to enable the submitted program to be approved.

11 (F) REVIEW OF STATE PROGRAMS.—Utiliz12 ing the expertise of the Board, the Director shall

13 periodically review the approved State dam safe14 ty programs. In the event the Board finds that

15 a program of a participating State has proven

16 inadequate to reasonably protect human life and

17 property and the Director agrees, the Director

18 shall revoke approval of the State’s participation

19 in the assistance program and withhold assist20 ance under this section, until the State program

21 has been reapproved.

22 (G) COOPERATION OF FEDERAL AGEN23 CIES.—The head of any Federal agency, when

24 requested by any State dam safety agency, shall

25 provide information on the construction, oper-
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•S 640 EAH

1 ation, or maintenance of any dam or allow offi2 cials of the State agency to participate in any

3 Federal inspection of any dam.

4 (H) DAM INSURANCE REPORT.—Within 180

5 days after the date of the enactment of this Act,

6 the Director shall report to the Congress on the

7 availability of dam insurance and make rec8 ommendations.

9 (f) BIENNIAL REPORT.—Within 90 days after the last

10 day of each odd-numbered fiscal year, the Director shall

11 submit a biennial report to Congress describing the status

12 of the program being implemented under this section and

13 describing the progress achieved by the Federal agencies

14 during the 2 previous years in implementing the Federal

15 Guidelines for Dam Safety. Each such report shall include

16 any recommendations for legislative and other action

17 deemed necessary and appropriate. The report shall also in18 clude a summary of the progress being made in improving

19 dam safety by participating States.

20 (g) AUTHORIZING OF APPROPRIATIONS.—

21 (1) GENERAL PROGRAM.—

22 (A) FUNDING.—There are authorized to be

23 appropriated to the Director to carry out the

24 provisions of subsections (e) and (f) (in addition

25 to any authorizations for similar purposes in-
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•S 640 EAH

1 cluded in other Acts and the authorizations set

2 forth in paragraphs (2) through (5) of this sub3 section)—

4 (i) $1,000,000 for fiscal year 1997;

5 (ii) $2,000,000 for fiscal year 1998;

6 (iii) $4,000,000 for fiscal year 1999;

7 (iv) $4,000,000 for fiscal year 2000;

8 and

9 (v) $4,000,000 for fiscal year 2001.

10 (B) APPORTIONMENT FORMULA.—

11 (i) IN GENERAL.—Subject to clause

12 (ii), sums appropriated under this para13 graph shall be distributed annually among

14 participating States on the following basis:

15 One-third among those States determined in

16 subsection (e) as qualifying for funding,

17 and two-thirds in proportion to the number

18 of dams and appearing as State-regulated

19 dams on the National Dam Inventory in

20 each participating State that has been de21 termined in subsection (e)(5)(A) as qualify22 ing for funding, to the number of dams in

23 all participating States.

24 (ii) LIMITATION TO 50 PERCENT OF

25 COST.—In no event shall funds distributed
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•S 640 EAH

1 to any State under this paragraph exceed

2 50 percent of the reasonable cost of imple3 menting an approved dam safety program

4 in such State.

5 (iii) ALLOCATION BETWEEN PRIMARY

6 AND ADVANCED ASSISTANCE PROGRAMS.—

7 The Director and Review Board shall deter8 mine how much of funds appropriated

9 under this paragraph is allotted to partici10 pating States needing primary funding and

11 those needing advanced funding.

12 (2) TRAINING.—

13 (A) IN GENERAL.—The Director shall, at

14 the request of any State that has or intends to

15 develop a dam safety program under subsection

16 (e)(5)(A), provide training for State dam safety

17 staff and inspectors.

18 (B) FUNDING.—There is authorized to be

19 appropriated to carry out this paragraph

20 $500,000 for each of fiscal years 1997 through

21 2001.

22 (3) RESEARCH.—

23 (A) IN GENERAL.—The Director shall un24 dertake a program of technical and archival re25 search in order to develop improved techniques,
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•S 640 EAH

1 historical experience, and equipment for rapid

2 and effective dam construction, rehabilitation,

3 and inspection, together with devices for the con4 tinued monitoring, of dams for safety purposes.

5 (B) STATE PARTICIPATION; REPORTS.—The

6 Director shall provide for State participation in

7 the research under this paragraph and periodi8 cally advise all States and Congress of the results

9 of such research.

10 (C) FUNDING.—There is authorized to be

11 appropriated to carry out this paragraph

12 $1,000,000 for each of fiscal years 1997 through

13 2001.

14 (4) DAM INVENTORY.—

15 (A) MAINTENANCE AND PUBLICATION.—The

16 Secretary is authorized to maintain and periodi17 cally publish updated information on the inven18 tory of dams.

19 (B) FUNDING.—There is authorized to be

20 appropriated to carry out this paragraph

21 $500,000 for each of fiscal years 1997 through

22 2001.

23 (5) PERSONNEL.—

24 (A) EMPLOYMENT.—The Director is author25 ized to employ additional staff personnel in
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1 numbers sufficient to carry out the provisions of

2 this section.

3 (B) FUNDING.—There is authorized to be

4 appropriated to carry out this paragraph

5 $400,000 for each of fiscal years 1997 through

6 2001.

7 (6) LIMITATION.—No funds authorized by this

8 section shall be used to construct or repair any Fed9 eral or non-Federal dams.

10 (h) CONFORMING AMENDMENTS.—The Act entitled

11 ‘‘An Act to authorize the Secretary of the Army to under12 take a national program of inspection of dams’’, approved

13 August 8, 1972 (33 U.S.C 467–467m; Public Law 92–367),

14 is amended—

15 (1) in the first section by striking ‘‘means any

16 artificial barrier’’ and all that follows through the pe17 riod at the end and inserting ‘‘has the meaning such

18 term has under subsection (d) of the National Dam

19 Safety Program Act of 1996.’’;

20 (2) by striking the 2d sentence of section 3;

21 (3) by striking section 5 and sections 7 through

22 14; and

23 (4) by redesignating section 6 as section 5.
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1 SEC. 216. MAINTENANCE, REHABILITATION, AND MOD2 ERNIZATION OF FACILITIES.

3 In accomplishing the maintenance, rehabilitation, and

4 modernization of hydroelectric power generating facilities

5 at water resources projects under the jurisdiction of the De6 partment of the Army, the Secretary is authorized to in7 crease the efficiency of energy production and the capacity

8 of these facilities if, after consulting with other appropriate

9 Federal and State agencies, the Secretary determines that

10 such uprating—

11 (1) is economically justified and financially fea12 sible;

13 (2) will not result in significant adverse effects

14 on the other purposes for which the project is author15 ized;

16 (3) will not result in significant adverse environ17 mental impacts; and

18 (4) will not involve major structural or oper19 ation changes in the project.

20 SEC. 217. LONG-TERM SEDIMENT MANAGEMENT STRATE21 GIES.

22 (a) DEVELOPMENT.—The Secretary shall enter into co23 operative agreements with non-Federal sponsors of naviga24 tion projects for development of long-term management

25 strategies for controlling sediments in such projects.
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•S 640 EAH

1 (b) CONTENTS OF STRATEGIES.—Each strategy devel2 oped under this section for a navigation project—

3 (1) shall include assessments of the following

4 with respect to the project: sediment rates and com5 position, sediment reduction options, dredging prac6 tices, long-term management of any dredged material

7 disposal facilities, remediation of such facilities, and

8 alternative disposal and reuse options;

9 (2) shall include a timetable for implementation

10 of the strategy; and

11 (3) shall incorporate, as much as possible, rel12 evant ongoing planning efforts, including remedial

13 action planning, dredged material management plan14 ning, harbor and waterfront development planning,

15 and watershed management planning.

16 (c) CONSULTATION.—In developing strategies under

17 this section, the Secretary shall consult with interested Fed18 eral agencies, States, and Indian tribes and provide an op19 portunity for public comment.

20 SEC. 218. DREDGED MATERIAL DISPOSAL FACILITY PART21 NERSHIPS.

22 (a) ADDITIONAL CAPACITY.—

23 (1) PROVIDED BY SECRETARY.—At the request of

24 a non-Federal project sponsor, the Secretary may pro25 vide additional capacity at a dredged material dis-
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1 posal facility constructed by the Secretary beyond

2 that which would be required for project purposes if

3 the non-Federal project sponsor agrees to pay, during

4 the period of construction, all costs associated with

5 the construction of the additional capacity.

6 (2) COST RECOVERY AUTHORITY.—The non-Fed7 eral project sponsor may recover the costs assigned to

8 the additional capacity through fees assessed on 3rd

9 parties whose dredged material is deposited in the fa10 cility and who enter into agreements with the non11 Federal sponsor for the use of such facility. The

12 amount of such fees may be determined by the non13 Federal sponsor.

14 (b) NON-FEDERAL USE OF DISPOSAL FACILITIES.—

15 (1) IN GENERAL.—The Secretary—

16 (A) may permit the use of any dredged ma17 terial disposal facility under the jurisdiction of,

18 or managed by, the Secretary by a non-Federal

19 interest if the Secretary determines that such use

20 will not reduce the availability of the facility for

21 project purposes; and

22 (B) may impose fees to recover capital, op23 eration, and maintenance costs associated with

24 such use.
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1 (2) USE OF FEES.—Notwithstanding section

2 401(c) of the Federal Water Pollution Control Act but

3 subject to advance appropriations, any monies re4 ceived through collection of fees under this subsection

5 shall be available to the Secretary, and shall be used

6 by the Secretary, for the operation and maintenance

7 of the disposal facility from which they were collected.

8 (c) PUBLIC-PRIVATE PARTNERSHIPS.—

9 (1) IN GENERAL.—The Secretary may carry out

10 a program to evaluate and implement opportunities

11 for public-private partnerships in the design, con12 struction, management, or operation of dredged mate13 rial disposal facilties in connection with construction

14 or maintenance of Federal navigation projects.

15 (2) PRIVATE FINANCING.—

16 (A) AGREEMENTS.—In carrying out this

17 subsection, the Secretary may enter into an

18 agreement with a project sponsor, a private en19 tity, or both for the acquisition, design, construc20 tion, management, or operation of a dredged ma21 terial disposal facility (including any facility

22 used to demonstrate potential beneficial uses of

23 dredged material) using funds provided in whole

24 or in part by the private entity.
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1 (B) REIMBURSEMENT.—If any funds pro2 vided by a private entity are used to carry out

3 a project under this subsection, the Secretary

4 may reimburse the private entity over a period

5 of time agreed to by the parties to the agreement

6 through the payment of subsequent user fees.

7 Such fees may include the payment of a disposal

8 or tipping fee for placement of suitable dredged

9 material at the facility.

10 (C) AMOUNT OF FEES.—User fees paid pur11 suant to subparagraph (B) shall be sufficient to

12 repay funds contributed by the private entity

13 plus a reasonable return on investment approved

14 by the Secretary in cooperation with the project

15 sponsor and the private entity.

16 (D) FEDERAL SHARE.—The Federal share

17 of such fee shall be equal to the percentage of the

18 total cost which would otherwise be borne by the

19 Federal Government as required pursuant to ex20 isting cost sharing requirements, including sec21 tion 103 of the Water Resources Development Act

22 of 1986 (33 U.S.C. 2213) and section 204 of the

23 Water Resources Development Act of 1992 (33

24 U.S.C. 2325).
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1 (E) BUDGET ACT COMPLIANCE.—Any

2 spending authority (as defined in section

3 401(c)(2) of the Congressional Budget Act of

4 1974 (2 U.S.C. 651(c)(2)) authorized by this sec5 tion shall be effective only to such extent and in

6 such amounts as are provided in appropriation

7 Acts.

8 SEC. 219. OBSTRUCTION REMOVAL REQUIREMENT.

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

10 (33 U.S.C. 411; 30 Stat. 1153), is amended—

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

12 each place it appears and inserting ‘‘13, 14, 15, 19,

13 and 20’’; and

14 (2) by striking ‘‘not exceeding twenty-five hun15 dred dollars nor less than five hundred dollars’’ and

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

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

18 March 3, 1899 (33 U.S.C. 415; 30 Stat. 1154), is amend19 ed—

20 (1) by striking ‘‘expense’’ the first place it ap21 pears in subsection (a) and inserting ‘‘actual expense,

22 including administrative expenses,’’;

23 (2) in subsection (b) by striking ‘‘cost’’ and in24 serting ‘‘actual cost, including administrative costs,’’;
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•S 640 EAH

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. 220. 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. 221. UNECONOMICAL COST-SHARING REQUIREMENTS.

2 Section 221(a) of the Flood Control Act of 1970 (42

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

4 end of the first sentence and inserting the following: ‘‘; ex5 cept that no such agreement shall be required if the Sec6 retary determines that the administrative costs associated

7 with negotiating, executing, or administering the agreement

8 would exceed the amount of the contribution required from

9 the non-Federal interest and are less than $25,000.’’.

10 SEC. 222. PLANNING ASSISTANCE TO STATES.

11 Section 22 of the Water Resources Development Act of

12 1974 (42 U.S.C. 1962d–16) is amended—

13 (1) in subsection (a) by inserting ‘‘, watersheds,

14 or ecosystems’’ after ‘‘basins’’;

15 (2) in subsection (b)—

16 (A) by striking paragraph (2); and

17 (B) by redesignating paragraphs (3) and

18 (4) as paragraphs (2) and (3), respectively; and

19 (3) in subsection (c)—

20 (A) by striking ‘‘$6,000,000’’ and inserting

21 ‘‘$10,000,000’’; and

22 (B) by striking ‘‘$300,000’’ and inserting

23 ‘‘$500,000’’.

24 SEC. 223. CORPS OF ENGINEERS EXPENSES.

25 Section 211 of the Flood Control Act of 1950 (33

26 U.S.C. 701u; 64 Stat. 183) is amended—
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1 (1) by striking ‘‘continental limits of the’’; and

2 (2) by striking the 2d colon and all that follows

3 through ‘‘for this purpose’’.

4 SEC. 224. STATE AND FEDERAL AGENCY REVIEW PERIOD.

5 The 1st section of the Act entitled ‘‘An Act authorizing

6 the construction of certain public works on rivers and har7 bors for flood control, and other purposes’’, approved De8 cember 22, 1944 (33 U.S.C. 701–1(a); 58 Stat. 888), is

9 amended—

10 (1) by striking ‘‘Within ninety’’ and inserting

11 ‘‘Within 30’’; and

12 (2) by striking ‘‘ninety-day period.’’ and insert13 ing ‘‘30-day period.’’.

14 SEC. 225. LIMITATION ON REIMBURSEMENT OF NON-FED15 ERAL COSTS PER PROJECT.

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

17 U.S.C. 1962d–5a(a)) is amended—

18 (1) by striking ‘‘$3,000,000’’ and inserting

19 ‘‘$5,000,000’’; and

20 (2) by striking the final period.

21 SEC. 226. AQUATIC PLANT CONTROL.

22 (a) ADDITIONAL CONTROLLED PLANTS.—Section

23 104(a) of the River and Harbor Act of 1958 (33 U.S.C.

24 610(a)) is amended by inserting after ‘‘alligatorweed,’’ the

25 following: ‘‘melaleuca,’’.
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1 (b) AUTHORIZATION.—Section 104(b) of such Act (33

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

3 inserting ‘‘$15,000,000’’.

4 SEC. 227. SEDIMENTS DECONTAMINATION TECHNOLOGY.

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

6 Resources Development Act of 1992 (33 U.S.C. 2239 note;

7 106 Stat. 4863) is amended by adding at the end the follow8 ing:

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

10 project to be carried out under this section is to pro11 vide for the development of 1 or more sediment decon12 tamination technologies on a pilot scale demonstrat13 ing a capacity of at least 500,000 cubic yards per

14 year.’’.

15 (b) AUTHORIZATION OF APPROPRIATIONS.—The first

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

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

18 out this section $10,000,000 for fiscal years beginning after

19 September 30, 1996.’’.

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

21 adding at the end the following:

22 ‘‘(d) REPORTS.—Not later than September 30, 1998,

23 and periodically thereafter, the Administrator and the Sec24 retary shall transmit to Congress a report on the results

25 of the project to be carried out under this section, including
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1 an assessment of the progress made in achieving the intent

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

3 SEC. 228. SHORE PROTECTION.

4 (a) DECLARATION OF POLICY.—Subsection (a) of the

5 first section of the Act entitled ‘‘An Act authorizing Federal

6 participation in the cost of protecting the shores of publicly

7 owned property’’, approved August 13, 1946 (33 U.S.C.

8 426e; 60 Stat. 1056), is amended—

9 (1) by striking ‘‘damage to the shores’’ and in10 serting ‘‘damage to the shores and beaches’’; and

11 (2) by striking ‘‘the following provisions’’ and all

12 that follows through the period at the end of sub13 section (a) and inserting the following: ‘‘this Act, to

14 promote shore protection projects and related research

15 that encourage the protection, restoration, and en16 hancement of sandy beaches, including beach restora17 tion and periodic beach nourishment, on a com18 prehensive and coordinated basis by the Federal Gov19 ernment, States, localities, and private enterprises. In

20 carrying out this policy, preference shall be given to

21 areas in which there has been a Federal investment

22 of funds and areas with respect to which the need for

23 prevention or mitigation of damage to shores and

24 beaches is attributable to Federal navigation projects

25 or other Federal activities.’’.
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1 (b) NONPUBLIC SHORES.—Subsection (d) of such sec2 tion is amended by striking ‘‘or from the protection of near3 by public property or’’ and inserting ‘‘, if there are suffi4 cient benefits, including benefits to local and regional eco5 nomic development and to the local and regional ecology

6 (as determined under subsection (e)(2)(B)), or’’; and

7 (c) AUTHORIZATION OF PROJECTS.—Subsection (e) of

8 such section is amended—

9 (1) by striking ‘‘(e) No’’ and inserting the follow10 ing:

11 ‘‘(e) AUTHORIZATION OF PROJECTS.—

12 ‘‘(1) IN GENERAL.—No’’;

13 (2) by moving the remainder of the text of para14 graph (1) (as designated by paragraph (1) of this

15 subsection) 2 ems to the right; and

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

17 ‘‘(2) STUDIES.—

18 ‘‘(A) IN GENERAL.—The Secretary shall—

19 ‘‘(i) recommend to Congress studies

20 concerning shore protection projects that

21 meet the criteria established under this Act

22 (including subparagraph (B)(iii)) and other

23 applicable law;

24 ‘‘(ii) conduct such studies as Congress

25 requires under applicable laws; and
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1 ‘‘(iii) report the results of the studies to

2 the appropriate committees of Congress.

3 ‘‘(B) RECOMMENDATIONS FOR SHORE PRO4 TECTION PROJECTS.—

5 ‘‘(i) IN GENERAL.—The Secretary shall

6 recommend to Congress the authorization or

7 reauthorization of shore protection projects

8 based on the studies conducted under sub9 paragraph (A).

10 ‘‘(ii) CONSIDERATIONS.—In making

11 recommendations, the Secretary shall con12 sider the economic and ecological benefits of

13 a shore protection project and the ability of

14 the non-Federal interest to participate in

15 the project.

16 ‘‘(iii) CONSIDERATION OF LOCAL AND

17 REGIONAL BENEFITS.—In analyzing the

18 economic and ecological benefits of a shore

19 protection project, or a flood control or

20 other water resource project the purpose of

21 which includes shore protection, the Sec22 retary shall consider benefits to local and

23 regional economic development, and to the

24 local and regional ecology, in calculating
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1 the full economic and ecological justifica2 tions for the project.

3 ‘‘(C) COORDINATION OF PROJECTS.—In con4 ducting studies and making recommendations for

5 a shore protection project under this paragraph,

6 the Secretary shall—

7 ‘‘(i) determine whether there is any

8 other project being carried out by the Sec9 retary or the head of another Federal agen10 cy that may be complementary to the shore

11 protection project; and

12 ‘‘(ii) if there is such a complementary

13 project, describe the efforts that will be

14 made to coordinate the projects.

15 ‘‘(3) SHORE PROTECTION PROJECTS.—

16 ‘‘(A) IN GENERAL.—The Secretary shall

17 construct, or cause to be constructed, any shore

18 protection project authorized by Congress, or sep19 arable element of such a project, for which funds

20 have been appropriated by Congress.

21 ‘‘(B) AGREEMENTS.—

22 ‘‘(i) REQUIREMENT.—After authoriza23 tion by Congress, and before commencement

24 of construction, of a shore protection project

25 or separable element, the Secretary shall
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1 enter into a written agreement with a non2 Federal interest with respect to the project

3 or separable element.

4 ‘‘(ii) TERMS.—The agreement shall—

5 ‘‘(I) specify the life of the project;

6 and

7 ‘‘(II) ensure that the Federal Gov8 ernment and the non-Federal interest

9 will cooperate in carrying out the

10 project or separable element.

11 ‘‘(C) COORDINATION OF PROJECTS.—In con12 structing a shore protection project or separable

13 element under this paragraph, the Secretary

14 shall, to the extent practicable, coordinate the

15 project or element with any complementary

16 project identified under paragraph (2)(C).

17 ‘‘(4) REPORT TO CONGRESS.—The Secretary

18 shall report biennially to the appropriate committees

19 of Congress on the status of all ongoing shore protec20 tion studies and shore protection projects carried out

21 under the jurisdiction of the Secretary.’’.

22 (d) REQUIREMENT OF AGREEMENTS PRIOR TO REIM23 BURSEMENTS.—

24 (1) SMALL SHORE PROTECTION PROJECTS.—Sec25 tion 2 of the Act entitled ‘‘An Act authorizing Federal
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1 participation in the cost of protecting the shores of

2 publicly owned property’’, approved August 13, 1946

3 (33 U.S.C. 426f; 60 Stat. 1056), is amended—

4 (A) by striking ‘‘SEC. 2. The Secretary of

5 the Army’’ and inserting the following:

6 ‘‘SEC. 2. REIMBURSEMENTS.

7 ‘‘(a) IN GENERAL.—The Secretary’’;

8 (B) in subsection (a) (as so designated)—

9 (i) by striking ‘‘local interests’’ and in10 serting ‘‘non-Federal interests’’;

11 (ii) by inserting ‘‘or separable element

12 of the project’’ after ‘‘project’’; and

13 (iii) by inserting ‘‘or separable ele14 ments’’ after ‘‘projects’’ each place it ap15 pears; and

16 (C) by adding at the end the following:

17 ‘‘(b) AGREEMENTS.—

18 ‘‘(1) REQUIREMENT.—After authorization of re19 imbursement by the Secretary under this section, and

20 before commencement of construction, of a shore pro21 tection project, the Secretary shall enter into a writ22 ten agreement with the non-Federal interest with re23 spect to the project or separable element.

24 ‘‘(2) TERMS.—The agreement shall—

25 ‘‘(A) specify the life of the project; and
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1 ‘‘(B) ensure that the Federal Government

2 and the non-Federal interest will cooperate in

3 carrying out the project or separable element.’’.

4 (2) OTHER SHORELINE PROTECTION

5 PROJECTS.—Section 206(e)(1)(A) of the Water Re6 sources Development Act of 1992 (33 U.S.C. 426i–

7 1(e)(1)(A); 106 Stat. 4829) is amended by inserting

8 before the semicolon the following: ‘‘and enters into a

9 written agreement with the non-Federal interest with

10 respect to the project or separable element (including

11 the terms of cooperation)’’.

12 (e) STATE AND REGIONAL PLANS.—The Act entitled

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

14 protecting the shores of publicly owned property’’, approved

15 August 13, 1946, is further amended—

16 (1) by redesignating section 4 (33 U.S.C. 426h)

17 as section 5; and

18 (2) by inserting after section 3 (33 U.S.C. 426g)

19 the following:

20 ‘‘SEC. 4. STATE AND REGIONAL PLANS.

21 ‘‘The Secretary may—

22 ‘‘(1) cooperate with any State in the preparation

23 of a comprehensive State or regional plan for the con24 servation of coastal resources located within the

25 boundaries of the State;
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1 ‘‘(2) encourage State participation in the imple2 mentation of the plan; and

3 ‘‘(3) submit to Congress reports and rec4 ommendations with respect to appropriate Federal

5 participation in carrying out the plan.’’.

6 (f) DEFINITIONS.—

7 (1) IN GENERAL.—Section 5 of the Act entitled

8 ‘‘An Act authorizing Federal participation in the cost

9 of protecting the shores of publicly owned property’’,

10 approved August 13, 1946 (33 U.S.C. 426h), (as re11 designated by subsection (e)(1)) is amended to read as

12 follows:

13 ‘‘SEC. 5. DEFINITIONS.

14 ‘‘In this Act, the following definitions apply:

15 ‘‘(1) SECRETARY.—The term ‘Secretary’ means

16 the Secretary of the Army, acting through the Chief

17 of Engineers.

18 ‘‘(2) SEPARABLE ELEMENT.—The term ‘sepa19 rable element’ has the meaning provided by section

20 103(f) of the Water Resources Development Act of

21 1986 (33 U.S.C. 2213(f)).

22 ‘‘(3) SHORE.—The term ‘shore’ includes each

23 shoreline of the Atlantic and Pacific Oceans, the Gulf

24 of Mexico, the Great Lakes, and lakes, estuaries, and

25 bays directly connected therewith.
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1 ‘‘(4) SHORE PROTECTION PROJECT.—The term

2 ‘shore protection project’ includes a project for beach

3 nourishment, including the replacement of sand.’’.

4 (2) CONFORMING AMENDMENTS.—The Act enti5 tled ‘‘An Act authorizing Federal participation in the

6 cost of protecting the shores of publicly owned prop7 erty’’, approved August 13, 1946, is amended—

8 (A) in subsection (b)(3) of the first section

9 (33 U.S.C. 426e(b)(3)) by striking ‘‘of the Army,

10 acting through the Chief of Engineers,’’ and by

11 striking the final period; and

12 (B) in section 3 (33 U.S.C. 426g) by strik13 ing ‘‘Secretary of the Army’’ and inserting ‘‘Sec14 retary’’.

15 (g) OBJECTIVES OF PROJECTS.—Section 209 of the

16 Flood Control Act of 1970 (42 U.S.C. 1962–2; 84 Stat.

17 1829) is amended by inserting ‘‘(including shore protection

18 projects such as projects for beach nourishment, including

19 the replacement of sand)’’ after ‘‘water resource projects’’.

20 SEC. 229. PROJECT DEAUTHORIZATIONS.

21 (a) IN GENERAL.—Section 1001(b)(2) of the Water Re22 sources Development Act of 1986 (33 U.S.C. 579a(b)(2)) is

23 amended—

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

25 second sentence and inserting ‘‘Upon’’; and
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1 (2) by inserting ‘‘planning, designing, or’’ before

2 ‘‘construction’’ in the last sentence.

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

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

5 102 Stat. 4044) is amended—

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

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

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

9 SEC. 230. SUPPORT OF ARMY CIVIL WORKS PROGRAM.

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

11 and development in support of the civil works program of

12 the Department of the Army, the Secretary may utilize con13 tracts, cooperative research and development agreements,

14 cooperative agreements, and grants with non-Federal enti15 ties, including State and local governments, colleges and

16 universities, consortia, professional and technical societies,

17 public and private scientific and technical foundations, re18 search institutions, educational organizations, and non19 profit organizations.

20 (b) SPECIAL RULES.—With respect to contracts for re21 search and development, the Secretary may include require22 ments that have potential commercial application and may

23 also use such potential application as an evaluation factor

24 where appropriate.
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1 SEC. 231. BENEFITS TO NAVIGATION.

2 In evaluating potential improvements to navigation

3 and the maintenance of navigation projects, the Secretary

4 shall consider, and include for purposes of project justifica5 tion, economic benefits generated by cruise ships as commer6 cial navigation benefits.

7 SEC. 232. LOSS OF LIFE PREVENTION.

8 Section 904 of the Water Resources Development Act

9 of 1986 (33 U.S.C. 2281) is amended by inserting ‘‘includ10 ing the loss of life which may be associated with flooding

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

12 SEC. 233. SCENIC AND AESTHETIC CONSIDERATIONS.

13 In conducting studies of potential water resources

14 projects, the Secretary shall consider measures to preserve

15 and enhance scenic and aesthetic qualities in the vicinity

16 of such projects.

17 SEC. 234. REMOVAL OF STUDY PROHIBITIONS.

18 Nothing in section 208 of the Urgent Supplemental

19 Appropriations Act, 1986 (100 Stat. 749), section 505 of

20 the Energy and Water Development Appropriations Act,

21 1993 (106 Stat. 1343), or any other provision of law shall

22 be deemed to limit the authority of the Secretary to under23 take studies for the purpose of investigating alternative

24 modes of financing hydroelectric power facilities under the

25 jurisdiction of the Department of the Army with funds ap26 propriated after the date of the enactment of this Act.
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1 SEC. 235. SENSE OF CONGRESS; REQUIREMENT REGARDING

2 NOTICE.

3 (a) PURCHASE OF AMERICAN-MADE EQUIPMENT AND

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

5 extent practicable, all equipment and products purchased

6 with funds made available under this Act should be Amer7 ican-made.

8 (b) NOTICE TO RECIPIENTS OF ASSISTANCE.—In pro9 viding financial assistance under this Act, the Secretary,

10 to the greatest extent practicable, shall provide to each re11 cipient of the assistance a notice describing the statement

12 made in subsection (a).

13 SEC. 236. RESERVOIR MANAGEMENT TECHNICAL ADVISORY

14 COMMITTEE.

15 Section 310 of the Water Resources Development Act

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

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

18 (2) by striking ‘‘(b) PUBLIC PARTICIPA19 TION.—’’.

20 SEC. 237. TECHNICAL CORRECTIONS.

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

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

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

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

25 Water Resources Development Act of 1992 (106 Stat. 4838)
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1 is amended by striking ‘‘(8662)’’ in the second sentence and

2 inserting ‘‘(8862)’’.

3 TITLE III—PROJECT

4 MODIFICATIONS

5 SEC. 301. MOBILE HARBOR, ALABAMA.

6 The undesignated paragraph under the heading ‘‘MO7 BILE HARBOR, ALABAMA’’ in section 201(a) of the Water

8 Resources Development Act of 1986 (100 Stat. 4090) is

9 amended by striking the first semicolon and all that follows

10 and inserting a period and the following: ‘‘In disposing of

11 dredged material from such project, the Secretary, after

12 compliance with applicable laws and after opportunity for

13 public review and comment, may consider alternatives to

14 disposal of such material in the Gulf of Mexico, including

15 environmentally acceptable alternatives for beneficial uses

16 of dredged material and environmental restoration.’’.

17 SEC. 302. ALAMO DAM, ARIZONA.

18 The project for flood control and other purposes, Alamo

19 Dam and Lake, Arizona, authorized by section 10 of the

20 River and Harbor Act of December 22, 1944, (58 Stat. 900),

21 is modified to authorize the Secretary to operate the Alamo

22 Dam to provide fish and wildlife benefits both upstream

23 and downstream of the Dam. Such operation shall not re24 duce flood control and recreation benefits provided by the

25 project.
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1 SEC. 303. NOGALES WASH AND TRIBUTARIES, ARIZONA.

2 The project for flood control, Nogales Wash and tribu3 taries, Arizona, authorized by section 101(a)(4) of the

4 Water Resources Development Act of 1990 (104 Stat. 4606),

5 is modified to direct the Secretary to permit the non-Fed6 eral contribution for the project to be determined in accord7 ance with sections 103(k) and 103(m) of the Water Re8 sources Development Act of 1986 and to direct the Secretary

9 to enter into negotiations with non-Federal interests pursu10 ant to section 103(l) of such Act concerning the timing of

11 the initial payment of the non-Federal contribution.

12 SEC. 304. PHOENIX, ARIZONA.

13 Section 321 of the Water Resources Development Act

14 of 1992 (106 Stat. 4848) is amended—

15 (1) by striking ‘‘control’’ and inserting ‘‘control,

16 ecosystem restoration,’’; and

17 (2) by striking ‘‘$6,500,000.’’ and inserting

18 ‘‘$17,500,000.’’.

19 SEC. 305. SAN FRANCISCO RIVER AT CLIFTON, ARIZONA.

20 The project for flood control, San Francisco River,

21 Clifton, Arizona, authorized by section 101(a)(3) of the

22 Water Resources Development Act of 1990 (104 Stat. 4606),

23 is modified to authorize the Secretary to construct the

24 project at a total cost of $21,100,000, with an estimated

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

26 cost of $7,300,000.
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1 SEC. 306. CHANNEL ISLANDS HARBOR, CALIFORNIA.

2 The project for navigation, Channel Islands Harbor,

3 Port of Hueneme, California, authorized by section 101 of

4 the River and Harbor Act of 1954 (68 Stat. 1252) is modi5 fied to direct the Secretary to pay 100 percent of the costs

6 of dredging the Channel Islands Harbor sand trap.

7 SEC. 307. GLENN-COLUSA, CALIFORNIA.

8 The project for flood control, Sacramento River, Cali9 fornia, authorized by section 2 of the Act entitled ‘‘An Act

10 to provide for the control of the floods of the Mississippi

11 River and the Sacramento River, California, and for other

12 purposes’’, approved March 1, 1917 (39 Stat. 948), and as

13 modified by section 102 of the Energy and Water Develop14 ment Appropriations Act, 1990 (103 Stat. 649), is further

15 modified to authorize the Secretary to carry out the portion

16 of the project at Glenn-Colusa, California, at a total cost

17 of $14,200,000.

18 SEC. 308. LOS ANGELES AND LONG BEACH HARBORS, SAN

19 PEDRO BAY, CALIFORNIA.

20 The navigation project for Los Angeles and Long

21 Beach Harbors, San Pedro Bay, California, authorized by

22 section 201(b) of the Water Resources Development Act of

23 1986 (100 Stat. 4091), is modified to provide that, notwith24 standing section 101(a)(4) of such Act, the cost of the reloca25 tion of the sewer outfall by the Port of Los Angeles shall
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1 be credited toward the payment required from the non-Fed2 eral interest by section 101(a)(2) of such Act.

3 SEC. 309. OAKLAND HARBOR, CALIFORNIA.

4 The projects for navigation, Oakland Outer Harbor,

5 California, and Oakland Inner Harbor, California, author6 ized by section 202 of the Water Resources Development Act

7 of 1986 (100 Stat. 4092), are modified by combining the

8 2 projects into 1 project, to be designated as the Oakland

9 Harbor, California, project. The Oakland Harbor, Califor10 nia, project shall be prosecuted by the Secretary substan11 tially in accordance with the plans and subject to the condi12 tions recommended in the reports designated in such section

13 202, at a total cost of $90,850,000, with an estimated Fed14 eral cost of $59,150,000 and an estimated non-Federal cost

15 of $31,700,000. The non-Federal share of project costs and

16 any available credits toward the non-Federal share shall be

17 calculated on the basis of the total cost of the combined

18 project.

19 SEC. 310. QUEENSWAY BAY, CALIFORNIA.

20 Section 4(e) of the Water Resources Development Act

21 of 1988 (102 Stat. 4016) is amended by adding at the end

22 the following sentence: ‘‘In addition, the Secretary shall per23 form advance maintenance dredging in the Queensway Bay

24 Channel, California, at a total cost of $5,000,000.’’.
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1 SEC. 311. SAN LUIS REY, CALIFORNIA.

2 The project for flood control of the San Luis Rey River,

3 California, authorized pursuant to section 201 of the Flood

4 Control Act of 1965 (42 U.S.C. 1962d–5; 79 Stat. 1073–

5 1074), is modified to authorize the Secretary to construct

6 the project at a total cost not to exceed $81,600,000 with

7 an estimated Federal cost of $61,100,000 and an estimated

8 non-Federal cost of $20,500,000.

9 SEC. 312. THAMES RIVER, CONNECTICUT.

10 (a) RECONFIGURATION OF TURNING BASIN.—The

11 project for navigation, Thames River, Connecticut, author12 ized by the first section of the Act entitled ‘‘An Act authoriz13 ing construction, repair, and preservation of certain public

14 works on rivers and harbors, and for other purposes’’, ap15 proved August 30, 1935 (49 Stat. 1029), is modified to

16 make the turning basin have the following alignment: Start17 ing at a point on the eastern limit of the existing project,

18 N251052.93, E783934.59, thence running north 5 degrees

19 25 minutes 21.3 seconds east 341.06 feet to a point,

20 N251392.46, E783966.82, thence running north 47 degrees

21 24 minutes 14.0 seconds west 268.72 feet to a point,

22 N251574.34, E783769.00, thence running north 88 degrees

23 41 minutes 52.2 seconds west 249.06 feet to a point,

24 N251580.00, E783520.00, thence running south 46 degrees

25 16 minutes 22.9 seconds west 318.28 feet to a point,

26 N251360.00, E783290.00, thence running south 19 degrees
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1 01 minute 32.2 seconds east 306.76 feet to a point,

2 N251070.00, E783390.00, thence running south 45 degrees

3 00 minutes 00 seconds east 155.56 feet to a point,

4 N250960.00, E783500.00 on the existing western limit.

5 (b) NON-FEDERAL RESPONSIBILITY FOR INITIAL

6 DREDGING.—Any required initial dredging of the widened

7 portions of the turning basin identified in subsection (a)

8 shall be accomplished at non-Federal expense.

9 (c) CONFORMING DEAUTHORIZATION.—Those portions

10 of the existing turning basin which are not included in the

11 reconfigured turning basin as described in subsection (a)

12 shall no longer be authorized after the date of the enactment

13 of this Act.

14 SEC. 313. POTOMAC RIVER, WASHINGTON, DISTRICT OF

15 COLUMBIA.

16 The project for flood protection, Potomac River, Wash17 ington, District of Columbia, authorized by section 5 of the

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

19 modified to authorize the Secretary to construct the project

20 substantially in accordance with the General Design Memo21 randum dated May 1992 at a Federal cost of $1,800,000;

22 except that a temporary closure may be used instead of a

23 permanent structure at 17th Street. Operation and mainte24 nance of the project shall be a Federal responsibility.
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1 SEC. 314. CANAVERAL HARBOR, FLORIDA.

2 The project for navigation, Canaveral Harbor, Flor3 ida, authorized by section 101(7) of the Water Resources

4 Development Act of 1992 (106 Stat. 4802), is modified to

5 authorize the Secretary to reclassify the removal and re6 placement of stone protection on both sides of the channel

7 as general navigation features. The Secretary shall reim8 burse any costs that are incurred by the non-Federal spon9 sor in connection with the reclassified work and that the

10 Secretary determines to be in excess of the non-Federal

11 share of costs for general navigation features. The Federal

12 and non-Federal shares of the cost of the reclassified work

13 shall be determined in accordance with section 101 of the

14 Water Resources Development Act of 1986.

15 SEC. 315. CAPTIVA ISLAND, FLORIDA.

16 The project for shoreline protection, Captiva Island,

17 Lee County, Florida, authorized pursuant to section 201

18 of the Flood Control Act of 1965 (79 Stat. 1073), is modified

19 to direct the Secretary to reimburse the non-Federal interest

20 for beach renourishment work accomplished by such interest

21 as if such work occurred after execution of the agreement

22 entered into pursuant to section 215 of the Flood Control

23 Act of 1968 (42 U.S.C. 1962d–5) with respect to such

24 project.
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1 SEC. 316. CENTRAL AND SOUTHERN FLORIDA, CANAL 51.

2 The project for flood protection of West Palm Beach,

3 Florida (C–51), authorized by section 203 of the Flood Con4 trol Act of 1962 (76 Stat. 1183), is modified to provide for

5 the construction of an enlarged stormwater detention area,

6 Storm Water Treatment Area 1 East, generally in accord7 ance with the plan of improvements described in the Feb8 ruary 15, 1994, report entitled ‘‘Everglades Protection

9 Project, Palm Beach County, Florida, Conceptual Design’’,

10 with such modifications as are approved by the Secretary.

11 The additional work authorized by this subsection shall be

12 accomplished at Federal expense. Operation and mainte13 nance of the stormwater detention area shall be consistent

14 with regulations prescribed by the Secretary for the Central

15 and Southern Florida project, and all costs of such oper16 ation and maintenance shall be provided by non-Federal

17 interests.

18 SEC. 317. CENTRAL AND SOUTHERN FLORIDA, CANAL 111

19 (C–111).

20 (a) IN GENERAL.—The project for Central and South21 ern Florida, authorized by section 203 of the Flood Control

22 Act of 1948 (62 Stat. 1176) and modified by section 203

23 of the Flood Control Act of 1968 (82 Stat. 740–741), is

24 modified to authorize the Secretary to implement the rec25 ommended plan of improvement contained in a report enti26 tled ‘‘Central and Southern Florida Project, Final Inte-
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•S 640 EAH

1 grated General Reevaluation Report and Environmental

2 Impact Statement, Canal 111 (C–111), South Dade Coun3 ty, Florida’’, dated May 1994, including acquisition by

4 non-Federal interests of such portions of the Frog Pond and

5 Rocky Glades areas as are needed for the project.

6 (b) COST SHARING.—

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

8 cost of implementing the plan of improvement shall be

9 50 percent.

10 (2) DEPARTMENT OF INTERIOR RESPONSIBIL11 ITY.—The Department of the Interior shall pay 25

12 percent of the cost of acquiring such portions of the

13 Frog Pond and Rocky Glades areas as are needed for

14 the project. The amount paid by the Department of

15 the Interior shall be included as part of the Federal

16 share of the cost of implementing the plan.

17 (3) OPERATION AND MAINTENANCE.—The non18 Federal share of operation and maintenance costs of

19 the improvements undertaken pursuant to this sub20 section shall be 100 percent; except that the Federal

21 Government shall reimburse the non-Federal project

22 sponsor 60 percent of the costs of operating and

23 maintaining pump stations that pump water into

24 Taylor Slough in the Everglades National Park.
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1 SEC. 318. JACKSONVILLE HARBOR (MILL COVE), FLORIDA.

2 The project for navigation, Jacksonville Harbor (Mill

3 Cove), Florida, authorized by section 601(a) of the Water

4 Resources Development Act of 1986 (100 Stat. 4139–4140),

5 is modified to direct the Secretary to carry out a project

6 for flow and circulation improvement within Mill Cove, at

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

8 of $2,000,000.

9 SEC. 319. PANAMA CITY BEACHES, FLORIDA.

10 (a) IN GENERAL.—The project for shoreline protection,

11 Panama City Beaches, Florida, authorized by section

12 501(a) of the Water Resources Development Act of 1986

13 (100 Stat. 4133), is modified to direct the Secretary to enter

14 into an agreement with the non-Federal interest for carry15 ing out such project in accordance with section 206 of the

16 Water Resources Development Act of 1992 (106 Stat. 4828).

17 (b) REPORT.—Not later than 6 months after the date

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

19 to Congress a report on the progress made in carrying out

20 this section.

21 SEC. 320. TYBEE ISLAND, GEORGIA.

22 The project for beach erosion control, Tybee Island,

23 Georgia, authorized pursuant to section 201 of the Flood

24 Control Act of 1968 (42 U.S.C. 1962d–5), is modified to

25 include as an integral part of the project the portion of the
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•S 640 EAH

1 ocean shore of Tybee Island located south of the existing

2 south terminal groin between 18th and 19th Streets.

3 SEC. 321. WHITE RIVER, INDIANA.

4 The project for flood control, Indianapolis on West

5 Fork of the White River, Indiana, authorized by section 5

6 of the Flood Control Act of June 22, 1936 (49 Stat. 1586),

7 is modified to authorize the Secretary to undertake

8 riverfront alterations as described in the Central Indianap9 olis Waterfront Concept Master Plan, dated February 1994,

10 at a total cost of $85,975,000, with an estimated first Fed11 eral cost of $39,975,000 and an estimated first non-Federal

12 cost of $46,000,000. The cost of work, including relocations

13 undertaken by the non-Federal interest after February 15,

14 1994, on features identified in the Master Plan shall be

15 credited toward the non-Federal share of project costs.

16 SEC. 322. CHICAGO, ILLINOIS.

17 The project for flood control, Chicagoland Underflow

18 Plan, Illinois, authorized by section 3(a)(5) of the Water

19 Resources Development Act of 1988 (102 Stat. 4013), is

20 modified to limit the capacity of the reservoir project not

21 to exceed 11,000,000,000 gallons or 32,000 acre-feet, to pro22 vide that the reservoir project may not be located north of

23 55th Street or west of East Avenue in the vicinity of

24 McCook, Illinois, and to provide that the reservoir project

25 may only be constructed on the basis of a specific plan that
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•S 640 EAH

1 has been evaluated by the Secretary under the provisions

2 of the National Environmental Policy Act of 1969.

3 SEC. 323. CHICAGO LOCK AND THOMAS J. O’BRIEN LOCK, IL4 LINOIS.

5 The project for navigation, Chicago Harbor, Lake

6 Michigan, Illinois, for which operation and maintenance

7 responsibility was transferred to the Secretary under chap8 ter IV of title I of the Supplemental Appropriations Act,

9 1983 (97 Stat. 311) and section 107 of the Energy and

10 Water Development Appropriation Act, 1982 (95 Stat.

11 1137) is modified to direct the Secretary to conduct a study

12 to determine the feasibility of making such structural re13 pairs as are necessary to prevent leakage through the Chi14 cago Lock and the Thomas J. O’Brien Lock, Illinois, and

15 to determine the need for installing permanent flow meas16 urement equipment at such locks to measure any leakage.

17 The Secretary is authorized to carry out such repairs and

18 installations as are necessary following completion of the

19 study.

20 SEC. 324. KASKASKIA RIVER, ILLINOIS.

21 The project for navigation, Kaskaskia River, Illinois,

22 authorized by section 101 of the River and Harbor Act of

23 1962 (76 Stat. 1175), is modified to add fish and wildlife

24 and habitat restoration as project purposes.
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1 SEC. 325. LOCKS AND DAM 26, ALTON, ILLINOIS AND MIS2 SOURI.

3 Section 102(l) of the Water Resources Development Act

4 of 1990 (104 Stat. 4613) is amended—

5 (1) by striking ‘‘, that requires no separable

6 project lands and’’ and inserting ‘‘on project lands

7 and other contiguous nonproject lands, including

8 those lands referred to as the Alton Commons. The

9 recreational development’’;

10 (2) by inserting ‘‘shall be’’ before ‘‘at a Federal

11 construction’’; and

12 (3) by striking ‘‘. The recreational development’’

13 and inserting ‘‘, and’’.

14 SEC. 326. NORTH BRANCH OF CHICAGO RIVER, ILLINOIS.

15 The project for flood protection, North Branch of the

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

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

18 is modified to authorize the Secretary to carry out the

19 project in accordance with the report of the Corps of Engi20 neers dated March 1994, at a total cost of $34,228,000, with

21 an estimated Federal cost of $20,905,000 and an estimated

22 non-Federal cost of $13,323,000.

23 SEC. 327. ILLINOIS AND MICHIGAN CANAL.

24 Section 314(a) of the Water Resources Development

25 Act of 1992 (106 Stat. 4847) is amended by adding at the

26 end the following: ‘‘Such improvements shall include ma-
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1 rina development at Lock 14, to be carried out in consulta2 tion with the Illinois Department of Natural Resources, at

3 a total cost of $6,374,000.’’.

4 SEC. 328. HALSTEAD, KANSAS.

5 The project for flood control, Halstead, Kansas, author6 ized by section 401(a) of the Water Resources Development

7 Act of 1986 (100 Stat. 4116), is modified to authorize the

8 Secretary to carry out the project in accordance with the

9 report of the Corps of Engineers dated March 19, 1993, at

10 a total cost of $11,100,000, with an estimated Federal cost

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

12 $2,775,000.

13 SEC. 329. LEVISA AND TUG FORKS OF THE BIG SANDY

14 RIVER AND CUMBERLAND RIVER, KENTUCKY,

15 WEST VIRGINIA, AND VIRGINIA.

16 The project for flood control, Levisa and Tug Forks

17 of the Big Sandy River and Cumberland River, Kentucky,

18 West Virginia, and Virginia, authorized by section 202(a)

19 of the Energy and Water Development Appropriation Act,

20 1981 (94 Stat. 1339), is modified to provide that the mini21 mum level of flood protection to be afforded by the project

22 shall be the level required to provide protection from a 100-

23 year flood or from the flood of April 1977, whichever level

24 of protection is greater.
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1 SEC. 330. PRESTONBURG, KENTUCKY.

2 Section 109(a) of Public Law 104–46 (109 Stat. 408)

3 is amended by striking ‘‘Modification No. 2’’ and inserting

4 ‘‘Modification No. 3’’.

5 SEC. 331. COMITE RIVER, LOUISIANA.

6 The Comite River Diversion project for flood control,

7 authorized as part of the project for flood control, Amite

8 River and Tributaries, Louisiana, by section 101(11) of the

9 Water Resource Development Act of 1992 (106 Stat. 4802–

10 4803), is modified to authorize the Secretary to construct

11 the project at a total cost of $121,600,000, with an esti12 mated Federal cost of $70,577,000 and an estimated non13 Federal cost of $51,023,000.

14 SEC. 332. GRAND ISLE AND VICINITY, LOUISIANA.

15 The project for hurricane damage prevention, flood

16 control, and beach erosion along Grand Isle and Vicinity,

17 Louisiana, authorized by section 204 of the Flood Control

18 Act of 1965 (79 Stat. 1077), is modified to authorize the

19 Secretary to construct a permanent breakwater and levee

20 system at a total cost of $17,000,000.

21 SEC. 333. LAKE PONTCHARTRAIN, LOUISIANA.

22 The project for hurricane damage prevention and flood

23 control, Lake Pontchartrain, Louisiana, authorized by sec24 tion 204 of the Flood Control Act of 1965 (79 Stat. 1077),

25 is modified to provide that St. Bernard Parish, Louisiana,

26 and the Lake Borgne Basin Levee District, Louisiana, shall
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1 not be required to pay the unpaid balance, including inter2 est, of the non-Federal cost-share of the project.

3 SEC. 334. MISSISSIPPI DELTA REGION, LOUISIANA.

4 The Mississippi Delta Region project, Louisiana, au5 thorized as part of the project for hurricane-flood protection

6 project on Lake Pontchartrain, Louisiana, by section 204

7 of the Flood Control Act of 1965 (79 Stat. 1077), is modified

8 to direct the Secretary to provide a credit to the State of

9 Louisiana toward its non-Federal share of the cost of the

10 project. The credit shall be for the cost incurred by the State

11 in developing and relocating oyster beds to offset the adverse

12 impacts on active and productive oyster beds in the Davis

13 Pond project area but shall not exceed $7,500,000.

14 SEC. 335. MISSISSIPPI RIVER OUTLETS, VENICE, LOUISIANA.

15 The project for navigation, Mississippi River Outlets,

16 Venice, Louisiana, authorized by section 101 of the River

17 and Harbor Act of 1968 (82 Stat. 731), is modified to pro18 vide for the extension of the 16-foot deep by 250-foot wide

19 Baptiste Collette Bayou entrance channel to approximately

20 Mile 8 of the Mississippi River-Gulf Outlet navigation

21 channel, at a total estimated Federal cost of $80,000.

22 SEC. 336. RED RIVER WATERWAY, LOUISIANA.

23 The project for mitigation of fish and wildlife losses,

24 Red River Waterway, Louisiana, authorized by section

25 601(a) of the Water Resources and Development Act of 1986
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1 (100 Stat. 4142) and modified by section 102(p) of the

2 Water Resources and Development Act of 1990 (104 Stat.

3 4613), is further modified—

4 (1) to authorize the Secretary to carry out the

5 project at a total cost of $10,500,000; and

6 (2) to provide that lands that are purchased ad7 jacent to the Loggy Bayou Wildlife Management Area

8 may be located in Caddo Parish or Red River Parish.

9 SEC. 337. WESTWEGO TO HARVEY CANAL, LOUISIANA.

10 The project West Bank Hurricane Protection Levee,

11 Jefferson Parish, Louisiana, authorized by section 401(f) of

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

13 4128), is modified to include the Lake Cataouatche Area

14 Levee as part of the authorized project, at a total cost of

15 $14,375,000, with an estimated Federal cost of $9,344,000

16 and an estimated non-Federal cost of $5,031,000.

17 SEC. 338. TOLCHESTER CHANNEL, MARYLAND.

18 The project for navigation, Baltimore Harbor and

19 Channels, Maryland, authorized by section 101 of the River

20 and Harbor Act of 1958 (72 Stat. 297) is modified to direct

21 the Secretary—

22 (1) to expedite review of potential straightening

23 of the channel at the Tolchester Channel S-Turn; and
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1 (2) if determined to be feasible and necessary for

2 safe and efficient navigation, to implement such

3 straightening as part of project maintenance.

4 SEC. 339. SAGINAW RIVER, MICHIGAN.

5 The project for flood protection, Saginaw River, Michi6 gan, authorized by section 203 of the Flood Control Act of

7 1958 (72 Stat. 311) is modified to include as part of the

8 project the design and construction of an inflatable dam

9 on the Flint River, Michigan, at a total cost of $500,000.

10 SEC. 340. SAULT SAINTE MARIE, CHIPPEWA COUNTY, MICHI11 GAN.

12 (a) IN GENERAL.—The project for navigation, Sault

13 Sainte Marie, Chippewa County, Michigan, authorized by

14 section 1149 of the Water Resources Development Act of

15 1986 (100 Stat. 4254–4255), is modified as provided by this

16 subsection.

17 (b) PAYMENT OF NON-FEDERAL SHARE.—The non18 Federal share of the cost of the project referred to in sub19 section (a) shall be paid as follows:

20 (1) That portion of the non-Federal share which

21 the Secretary determines is attributable to use of the

22 lock by vessels calling at Canadian ports shall be paid

23 by the United States.
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1 (2) The remaining portion of the non-Federal

2 share shall be paid by the Great Lakes States pursu3 ant to an agreement entered into by such States.

4 (c) PAYMENT TERM OF ADDITIONAL PERCENTAGE.—

5 The amount to be paid by non-Federal interests pursuant

6 to section 101(a) of the Water Resources Development Act

7 of 1986 (33 U.S.C. 2211(a)) and this subsection with re8 spect to the project referred to in subsection (a) may be paid

9 over a period of 50 years or the expected life of the project,

10 whichever is shorter.

11 (d) GREAT LAKES STATES DEFINED.—For the pur12 poses of this section, the term ‘‘Great Lakes States’’ means

13 the States of Illinois, Indiana, Michigan, Minnesota, New

14 York, Ohio, Pennsylvania, and Wisconsin.

15 SEC. 341. STILLWATER, MINNESOTA.

16 Section 363 of the Water Resources Development Act

17 of 1992 (106 Stat. 4861–4862) is amended—

18 (1) by inserting after ‘‘riverfront,’’ the following:

19 ‘‘and expansion of such system if the Secretary deter20 mines that the expansion is feasible,’’;

21 (2) by striking ‘‘$3,200,000’’ and inserting

22 ‘‘$11,600,000’’;

23 (3) by striking ‘‘$2,400,000’’ and inserting

24 ‘‘$8,700,000’’; and
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1 (4) by striking ‘‘$800,000’’ and inserting

2 ‘‘$2,900,000’’.

3 SEC. 342. CAPE GIRARDEAU, MISSOURI.

4 The project for flood control, Cape Girardeau, Jackson

5 Metropolitan Area, Missouri, authorized by section 401(a)

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

7 4118–4119), is modified to authorize the Secretary to con8 struct the project, including implementation of non9 structural measures, at a total cost of $45,414,000, with an

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

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

12 SEC. 343. NEW MADRID HARBOR, MISSOURI.

13 The project for navigation, New Madrid Harbor, Mis14 souri, authorized pursuant to section 107 of the River and

15 Harbor Act of 1960 (33 U.S.C. 577) and modified by sec16 tion 102(n) of the Water Resources Development Act of 1992

17 (106 Stat. 4807), is further modified to direct the Secretary

18 to assume responsibility for maintenance of the existing

19 Federal channel referred to in such section 102(n) in addi20 tion to maintaining New Madrid County Harbor.

21 SEC. 344. ST. JOHN’S BAYOU—NEW MADRID FLOODWAY,

22 MISSOURI.

23 Notwithstanding any other provision of law, Federal

24 assistance made available under the rural enterprise zone

25 program of the Department of Agriculture may be used to-
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1 ward payment of the non-Federal share of the costs of the

2 project for flood control, St. John’s Bayou and New Madrid

3 Floodway, Missouri, authorized by section 401(a) of the

4 Water Resources Development Act of 1986 (100 Stat. 4118).

5 SEC. 345. JOSEPH G. MINISH PASSAIC RIVER PARK, NEW

6 JERSEY.

7 Section 101(a)(18)(B) of the Water Resources Develop8 ment Act of 1990 (104 Stat. 4608) is amended by striking

9 ‘‘$25,000,000’’ and inserting ‘‘$75,000,000’’.

10 SEC. 346. MOLLY ANN’S BROOK, NEW JERSEY.

11 The project for flood control, Molly Ann’s Brook, New

12 Jersey, authorized by section 401(a) of the Water Resources

13 Development Act of 1986 (100 Stat. 4119), is modified to

14 authorize the Secretary to carry out the project in accord15 ance with the report of the Corps of Engineers dated April

16 3, 1996, at a total cost of $40,100,000, with an estimated

17 Federal cost of $22,600,000 and an estimated non-Federal

18 cost of $17,500,000.

19 SEC. 347. PASSAIC RIVER, NEW JERSEY.

20 Section 1148 of the Water Resources Development Act

21 of 1986 (100 Stat. 4254) is amended to read as follows:

22 ‘‘SEC. 1148. PASSAIC RIVER BASIN.

23 ‘‘(a) ACQUISITION OF LANDS.—The Secretary is au24 thorized to acquire from willing sellers lands on which resi25 dential structures are located and which are subject to fre-
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1 quent and recurring flood damage, as identified in the sup2 plemental floodway report of the Corps of Engineers, Pas3 saic River Buyout Study, September 1995, at an estimated

4 total cost of $194,000,000.

5 ‘‘(b) RETENTION OF LANDS FOR FLOOD PROTEC6 TION.—Lands acquired by the Secretary under this section

7 shall be retained by the Secretary for future use in conjunc8 tion with flood protection and flood management in the

9 Passaic River Basin.

10 ‘‘(c) COST SHARING.—The non-Federal share of the

11 cost of carrying out this section shall be 25 percent plus

12 any amount that might result from application of the re13 quirements of subsection (d).

14 ‘‘(d) APPLICABILITY OF BENEFIT-COST RATIO WAIVER

15 AUTHORITY.—In evaluating and implementing the project

16 under this section, the Secretary shall allow the non-Federal

17 interest to participate in the financing of the project in ac18 cordance with section 903(c) of this Act, to the extent that

19 the Secretary’s evaluation indicates that applying such sec20 tion is necessary to implement the project.’’.

21 SEC. 348. RAMAPO RIVER AT OAKLAND, NEW JERSEY AND

22 NEW YORK.

23 The project for flood control, Ramapo River at Oak24 land, New Jersey and New York, authorized by section

25 401(a) of the Water Resources Development Act of 1986
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1 (100 Stat. 4120), is modified to authorize the Secretary to

2 carry out the project in accordance with the report of the

3 Corps of Engineers dated May 1994, at a total cost of

4 $11,300,000, with an estimated Federal cost of $8,500,000

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

6 SEC. 349. RARITAN BAY AND SANDY HOOK BAY, NEW JER7 SEY.

8 Section 102(q) of the Water Resources Development Act

9 of 1992 (106 Stat. 4808) is amended by striking ‘‘for

10 Cliffwood Beach’’.

11 SEC. 350. ARTHUR KILL, NEW YORK AND NEW JERSEY.

12 The project for navigation, Arthur Kill, New York and

13 New Jersey, authorized by section 202(b) of the Water Re14 sources Development Act of 1986 (100 Stat. 4098), is modi15 fied to authorize the Secretary to carry out the project to

16 a depth of not to exceed 45 feet if determined to be feasible

17 by the Secretary at a total cost of $83,000,000.

18 SEC. 351. JONES INLET, NEW YORK.

19 The project for navigation, Jones Inlet, New York, au20 thorized by section 2 of the Act entitled ‘‘An Act authorizing

21 construction, repair, and preservation of certain public

22 works on rivers and harbors, and for other purposes’’, ap23 proved March 2, 1945 (59 Stat. 13), is modified to direct

24 the Secretary to place uncontaminated dredged material on

25 beach areas downdrift from the federally maintained chan-
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1 nel for the purpose of mitigating the interruption of littoral

2 system natural processes caused by the jetty and continued

3 dredging of the federally maintained channel.

4 SEC. 352. KILL VAN KULL, NEW YORK AND NEW JERSEY.

5 The project for navigation, Kill Van Kull, New York

6 and New Jersey, authorized by section 202(a) of the Water

7 Resources Development Act of 1986 (100 Stat. 4095), is

8 modified to authorize the Secretary to carry out the project

9 at a total cost of $750,000,000.

10 SEC. 353. WILMINGTON HARBOR-NORTHEAST CAPE FEAR

11 RIVER, NORTH CAROLINA.

12 The project for navigation, Wilmington Harbor-North13 east Cape Fear River, North Carolina, authorized by section

14 202(a) of the Water Resources Development Act of 1986

15 (100 Stat. 4095), is modified to authorize the Secretary to

16 construct the project substantially in accordance with the

17 General Design Memorandum dated April 1990 and the

18 General Design Memorandum Supplement dated February

19 1994, at a total cost of $52,041,000, with an estimated Fed20 eral cost of $25,729,000 and an estimated non-Federal cost

21 of $26,312,000.

22 SEC. 354. GARRISON DAM, NORTH DAKOTA.

23 The project for flood control, Garrison Dam, North Da24 kota, authorized by section 9 of the Flood Control Act of

25 December 22, 1944 (58 Stat. 891), is modified to authorize
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1 the Secretary to acquire permanent flowage and saturation

2 easements over the lands in Williams County, North Da3 kota, extending from the riverward margin of the Buford4 Trenton Irrigation District main canal to the north bank

5 of the Missouri River, beginning at the Buford-Trenton Ir6 rigation District pumping station located in the northeast

7 quarter of section 17, township 152 north, range 104 west,

8 and continuing northeasterly downstream to the land re9 ferred to as the East Bottom, and any other lands outside

10 of the boundaries of the Buford-Trenton Irrigation District

11 which have been adversely affected by rising ground water

12 and surface flooding. Any easement acquired by the Sec13 retary pursuant to this subsection shall include the right,

14 power, and privilege of the Government to submerge, over15 flow, percolate, and saturate the surface and subsurface of

16 the land. The cost of acquiring such easements shall not ex17 ceed 90 percent, or be less than 75 percent, of the unaffected

18 fee value of the lands. The project is further modified to

19 authorize the Secretary to provide a lump sum payment

20 of $60,000 to the Buford-Trenton Irrigation District for

21 power requirements associated with operation of the drain22 age pumps and to relinquish all right, title, and interest

23 of the United States to the drainage pumps located within

24 the boundaries of the Irrigation District.
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1 SEC. 355. RENO BEACH-HOWARDS FARM, OHIO.

2 The project for flood protection, Reno Beach-Howards

3 Farm, Ohio, authorized by section 203 of the Flood Control

4 Act, 1948 (62 Stat. 1178), is modified to provide that the

5 value of lands, easements, rights-of-way, and disposal areas

6 that are necessary to carry out the project and are provided

7 by the non-Federal interest shall be determined on the basis

8 of the appraisal performed by the Corps of Engineers and

9 dated April 4, 1985.

10 SEC. 356. WISTER LAKE, OKLAHOMA.

11 The flood control project for Wister Lake, LeFlore

12 County, Oklahoma, authorized by section 4 of the Flood

13 Control Act of June 28, 1938 (52 Stat. 1218), is modified

14 to increase the elevation of the conservation pool to 478 feet

15 and to adjust the seasonal pool operation to accommodate

16 the change in the conservation pool elevation.

17 SEC. 357. BONNEVILLE LOCK AND DAM, COLUMBIA RIVER,

18 OREGON AND WASHINGTON.

19 (a) IN GENERAL.—The project for Bonneville Lock and

20 Dam, Columbia River, Oregon and Washington, authorized

21 by the Act of August 20, 1937 (50 Stat. 731), and modified

22 by section 83 of the Water Resources Development Act of

23 1974 (88 Stat. 35), is further modified to authorize the Sec24 retary to convey to the city of North Bonneville, Washing25 ton, at no further cost to the city, all right, title and interest

26 of the United States in and to the following:
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1 (1) Any municipal facilities, utilities fixtures,

2 and equipment for the relocated city, and any re3 maining lands designated as open spaces or munici4 pal lots not previously conveyed to the city, specifi5 cally, Lots M1 through M15, M16 (the ‘‘community

6 center lot’’), M18, M19, M22, M24, S42 through S45,

7 and S52 through S60.

8 (2) The ‘‘school lot’’ described as Lot 2, block 5,

9 on the plat of relocated North Bonneville.

10 (3) Parcels 2 and C, but only upon the comple11 tion of any environmental response actions required

12 under applicable law.

13 (4) That portion of Parcel B lying south of the

14 existing city boundary, west of the sewage treatment

15 plant, and north of the drainage ditch that is located

16 adjacent to the northerly limit of the Hamilton Island

17 landfill, provided the Secretary determines, at the

18 time of the proposed conveyance, that the Army has

19 taken all action necessary to protect human health

20 and the environment.

21 (5) Such portions of Parcel H which can be con22 veyed without a requirement for further investigation,

23 inventory or other action by the Department of the

24 Army under the provisions of the National Historic

25 Preservation Act.
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1 (6) Such easements as the Secretary deems nec2 essary for—

3 (A) sewer and water line crossings of relo4 cated Washington State Highway 14; and

5 (B) reasonable public access to the Colum6 bia River across those portions of Hamilton Is7 land that remain under the ownership of the

8 United States.

9 (b) TIME PERIOD FOR CONVEYANCES.—The convey10 ances referred to in subsections (a)(1), (a)(2), (a)(5), and

11 (a)(6)(A) shall be completed within 180 days after the Unit12 ed States receives the release referred to in subsection (d).

13 All other conveyances shall be completed expeditiously, sub14 ject to any conditions specified in the applicable subsection.

15 (c) PURPOSE.—The purpose of the conveyances author16 ized by subsection (a) is to resolve all outstanding issues

17 between the United States and the city of North Bonneville.

18 (d) ACKNOWLEDGEMENT OF PAYMENT; RELEASE OF

19 CLAIMS RELATING TO RELOCATION OF CITY.—As a pre20 requisite to the conveyances authorized by subsection (a),

21 the city of North Bonneville shall execute an acknowledge22 ment of payment of just compensation and shall execute a

23 release of any and all claims for relief of any kind against

24 the United States growing out of the relocation of the city

25 of North Bonneville, or any prior Federal legislation relat-
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1 ing thereto, and shall dismiss, with prejudice, any pending

2 litigation, if any, involving such matters.

3 (e) RELEASE BY ATTORNEY GENERAL.—Upon receipt

4 of the city’s acknowledgment and release referred to in sub5 section (d), the Attorney General of the United States shall

6 dismiss any pending litigation, if any, arising out of the

7 relocation of the city of North Bonneville, and execute a

8 release of any and all rights to damages of any kind under

9 the February 20, 1987, judgment of the United States

10 Claims Court, including any interest thereon.

11 (f) ACKNOWLEDGMENT OF ENTITLEMENTS; RELEASE

12 BY CITY OF CLAIMS.—Within 60 days after the conveyances

13 authorized by subsection (a) (other than paragraph (6)(B))

14 have been completed, the city shall execute an acknowledge15 ment that all entitlements under such paragraph have been

16 completed and shall execute a release of any and all claims

17 for relief of any kind against the United States arising out

18 of this subsection.

19 (g) EFFECTS ON CITY.—Beginning on the date of the

20 enactment of this Act, the city of North Bonneville, or any

21 successor in interest thereto, shall—

22 (1) be precluded from exercising any jurisdiction

23 over any lands owned in whole or in part by the

24 United States and administered by the United States
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1 Army Corps of Engineers in connection with the Bon2 neville project; and

3 (2) be authorized to change the zoning designa4 tions of, sell, or resell Parcels S35 and S56, which are

5 presently designated as open spaces.

6 SEC. 358. COLUMBIA RIVER DREDGING, OREGON AND

7 WASHINGTON.

8 The project for navigation, Lower Willamette and Co9 lumbia Rivers below Vancouver, Washington and Portland,

10 Oregon, authorized by the first section of the River and

11 Harbor Appropriations Act of June 18, 1878 (20 Stat.

12 152), is modified to direct the Secretary—

13 (1) to conduct channel simulation and to carry

14 out improvements to the existing deep draft channel

15 between the mouth of the river and river mile 34 at

16 a cost not to exceed $2,400,000; and

17 (2) to conduct overdepth and advance mainte18 nance dredging that is necessary to maintain author19 ized channel dimensions.

20 SEC. 359. GRAYS LANDING LOCK AND DAM, MONONGAHELA

21 RIVER, PENNSYLVANIA.

22 The project for navigation Grays Landing Lock and

23 Dam, Monongahela River, Pennsylvania, authorized by sec24 tion 301(a) of the Water Resources Development Act of 1986

25 (100 Stat. 4110), is modified to authorize the Secretary to
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1 construct the project at a total cost of $181,000,000. The

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

3 amounts appropriated from the general fund of the Treasury and 1 4 ⁄2 from amounts appropriated from the Inland

5 Waterways Trust Fund.

6 SEC. 360. LACKAWANNA RIVER AT SCRANTON, PENNSYLVA7 NIA.

8 The project for flood control, Lackawanna River at

9 Scranton, Pennsylvania, authorized by section 101(16) of

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

11 4803), is modified to direct the Secretary to carry out the

12 project for flood control for the Plot and Green Ridge sec13 tions of the project.

14 SEC. 361. MUSSERS DAM, MIDDLE CREEK, SNYDER COUNTY,

15 PENNSYLVANIA.

16 Section 209(e)(5) of the Water Resources Development

17 Act of 1992 (106 Stat. 4830) is amended by striking

18 ‘‘$3,000,000’’ and inserting ‘‘$5,000,000’’.

19 SEC. 362. SAW MILL RUN, PENNSYLVANIA.

20 The project for flood control, Saw Mill Run, Pitts21 burgh, Pennsylvania, authorized by section 401(a) of the

22 Water Resources Development Act of 1986 (100 Stat. 4124),

23 is modified to authorize the Secretary to carry out the

24 project in accordance with the report of the Corps of Engi25 neers dated April 8, 1994, at a total cost of $12,780,000,
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1 with an estimated Federal cost of $9,585,000 and an esti2 mated non-Federal cost of $3,195,000.

3 SEC. 363. SCHUYLKILL RIVER, PENNSYLVANIA.

4 The navigation project for the Schuylkill River, Penn5 sylvania, authorized by the first section of the River and

6 Harbor Appropriations Act of August 8, 1917 (40 Stat.

7 252), is modified to provide for the periodic removal and

8 disposal of sediment to a depth of 6 feet detained within

9 portions of the Fairmount pool between the Fairmount

10 Dam and the Columbia Bridge, generally within the limits

11 of the channel alignments referred to as the Schuylkill River

12 Racecourse and return lane, and the Belmont Water Works

13 intakes and Boathouse Row.

14 SEC. 364. SOUTH CENTRAL PENNSYLVANIA.

15 (a) COST SHARING.—Section 313(d)(3)(A) of the

16 Water Resources Development Act of 1992 (106 Stat. 4846;

17 109 Stat. 407) is amended to read as follows:

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 de23 sign and construction services and other in-kind

24 work, whether occurring subsequent to, or within

25 6 years prior to, entering into an agreement
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1 with the Secretary. The Federal share may be

2 provided in the form of grants or reimburse3 ments of project costs. Non-Federal interests shall

4 also receive credit for grants and the value of

5 work performed on behalf of such interests by

6 State and local agencies.’’.

7 (b) AUTHORIZATION OF APPROPRIATIONS.—Section

8 313(g)(1) of such Act (106 Stat. 4846; 109 Stat. 407) is

9 amended by striking ‘‘$50,000,000’’ and inserting

10 ‘‘$90,000,000’’.

11 SEC. 365. WYOMING VALLEY, PENNSYLVANIA.

12 The project for flood control, Wyoming Valley, Penn13 sylvania, authorized by section 401(a) of the Water Re14 sources Development Act of 1986 (100 Stat. 4124), is modi15 fied to authorize the Secretary to undertake as part of the

16 construction of the project mechanical and electrical up17 grades to existing stormwater pumping stations in the Wyo18 ming Valley and to undertake mitigation measures.

19 SEC. 366. SAN JUAN HARBOR, PUERTO RICO.

20 The project for navigation, San Juan Harbor, Puerto

21 Rico, authorized by section 202(a) of the Water Resources

22 Development Act of 1986 (100 Stat. 4097), is modified to

23 authorize the Secretary to deepen the bar channel to depths

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

25 other modifications to authorized interior channels as gen-
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1 erally described in the General Reevaluation Report and

2 Environmental Assessment, dated March 1994, at a total

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

4 $27,341,000 and an estimated non-Federal cost of

5 $16,652,000.

6 SEC. 367. NARRAGANSETT, RHODE ISLAND.

7 Section 361(a) of the Water Resources Development

8 Act of 1992 (106 Stat. 4861) is amended—

9 (1) by striking ‘‘$200,000’’ and inserting

10 ‘‘$1,900,000’’;

11 (2) by striking ‘‘$150,000’’ and inserting

12 ‘‘$1,425,000’’; and

13 (3) by striking ‘‘$50,000’’ and inserting

14 ‘‘$475,000’’.

15 SEC. 368. CHARLESTON HARBOR, SOUTH CAROLINA.

16 The project for navigation, Charleston Harbor, South

17 Carolina, authorized by section 202(a) of the Water Re18 sources Development Act of 1986 (100 Stat. 4096), is modi19 fied to direct the Secretary to undertake ditching, clearing,

20 spillway replacement, and dike reconstruction of the Clouter

21 Creek Disposal Area, as a part of the operation and mainte22 nance of the Charleston Harbor project.

23 SEC. 369. DALLAS FLOODWAY EXTENSION, DALLAS, TEXAS.

24 (a) IN GENERAL.—The project for flood control, Dallas

25 Floodway Extension, Dallas, Texas, authorized by section
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1 301 of the River and Harbor Act of 1965 (79 Stat. 1091),

2 is modified to provide that flood protection works con3 structed by the non-Federal interests along the Trinity

4 River in Dallas, Texas, for Rochester Park and the Central

5 Wastewater Treatment Plant shall be included as a part

6 of the project and the cost of such works shall be credited

7 against the non-Federal share of project costs but shall not

8 be included in calculating benefits of the project.

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

10 credited under subsection (a) shall be determined by the

11 Secretary. In determining such amount, the Secretary may

12 permit crediting only for that portion of the work performed

13 by the non-Federal interests which is compatible with the

14 project referred to in subsection (a), including any modi15 fication thereof, and which is required for construction of

16 such project.

17 (c) CASH CONTRIBUTION.—Nothing in this section

18 shall be construed to limit the applicability of the require19 ment contained in section 103(a)(1)(A) of the Water Re20 sources Development Act of 1986 to the project referred to

21 in subsection (a).

22 SEC. 370. UPPER JORDAN RIVER, UTAH.

23 The project for flood control, Upper Jordan River,

24 Utah, authorized by section 101(a)(23) of the Water Re25 sources Development Act of 1990 (104 Stat. 4610), is modi-
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1 fied to authorize the Secretary to construct the project at

2 a total cost of $12,870,000, with an estimated Federal cost

3 of $8,580,000 and an estimated non-Federal cost of

4 $4,290,000.

5 SEC. 371. HAYSI LAKE, VIRGINIA.

6 The Haysi Lake, Virginia, feature of the project for

7 flood control, Tug Fork of the Big Sandy River, Kentucky,

8 West Virginia, and Virginia, authorized by section 202(a)

9 of the Energy and Water Development Appropriation Act,

10 1981 (94 Stat. 1339), is modified—

11 (1) to add recreation and fish and wildlife en12 hancement as project purposes;

13 (2) to direct the Secretary to construct the Haysi

14 Dam feature of the project substantially in accordance

15 with Plan A as set forth in the Draft General Plan

16 Supplement Report for the Levisa Fork Basin, Vir17 ginia and Kentucky, dated May 1995;

18 (3) to direct the Secretary to apply section

19 103(m) of the Water Resources Development Act of

20 1986 (100 Stat. 4087) to the construction of such fea21 ture in the same manner as that section is applied

22 to other projects or project features construed pursu23 ant to such section 202(a); and

24 (4) to provide for operation and maintenance of

25 recreational facilities on a reimbursable basis.
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1 SEC. 372. RUDEE INLET, VIRGINIA BEACH, VIRGINIA.

2 The project for navigation and shoreline protection,

3 Rudee Inlet, Virginia Beach, Virginia, authorized by sec4 tion 601(a) of the Water Resources Development Act of 1986

5 (100 Stat. 4148), is modified to authorize the Secretary to

6 continue maintenance of the project for 50 years beginning

7 on the date of initial construction of the project. The Fed8 eral share of the cost of such maintenance shall be deter9 mined in accordance with title I of the Water Resources

10 Development Act of 1986.

11 SEC. 373. VIRGINIA BEACH, VIRGINIA.

12 The non-Federal share of the costs of the project for

13 beach erosion control and hurricane protection, Virginia

14 Beach, Virginia, authorized by section 501(a) of the Water

15 Resources Development Act of 1986 (100 Stat. 4136), shall

16 be reduced by $3,120,803, or by such amount as is deter17 mined by an audit carried out by the Secretary to be due

18 to the city of Virginia Beach as reimbursement for the Fed19 eral share of beach nourishment activities carried out by

20 the city between October 1, 1986, and September 30, 1993,

21 if the Federal Government has not reimbursed the city for

22 the activities prior to the date on which a project coopera23 tive agreement is executed for the project.

24 SEC. 374. EAST WATERWAY, WASHINGTON.

25 The project for navigation, East and West waterways,

26 Seattle Harbor, Washington, authorized by the first section
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1 of the River and Harbor Appropriations Act of March 2,

2 1919 (40 Stat. 1275), is modified to direct the Secretary—

3 (1) to expedite review of potential deepening of

4 the channel in the East waterway from Elliott Bay

5 to Terminal 25 to a depth of up to 51 feet; and

6 (2) if determined to be feasible, to implement

7 such deepening as part of project maintenance.

8 In carrying out work authorized by this section, the Sec9 retary shall coordinate with the Port of Seattle regarding

10 use of Slip 27 as a dredged material disposal area.

11 SEC. 375. BLUESTONE LAKE, WEST VIRGINIA.

12 Section 102(ff) of the Water Resources Development

13 Act of 1992 (106 Stat. 4810) is amended by inserting ‘‘ex14 cept for that organic matter necessary to maintain and en15 hance the biological resources of such waters and such non16 obtrusive items of debris as may not be economically feasible

17 to prevent being released through such project,’’ after

18 ‘‘project,’’ the first place it appears.

19 SEC. 376. MOOREFIELD, WEST VIRGINIA.

20 The project for flood control, Moorefield, West Virginia,

21 authorized by section 101(a)(25) of the Water Resources De22 velopment Act of 1990 (104 Stat. 4610–4611), is modified

23 to authorize the Secretary to construct the project at a total

24 cost of $22,000,000, with an estimated Federal cost of
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1 $17,100,000 and an estimated non-Federal cost of

2 $4,900,000.

3 SEC. 377. SOUTHERN WEST VIRGINIA.

4 (a) COST SHARING.—Section 340(c)(3) of the Water

5 Resources Development Act of 1992 (106 Stat. 4856) is

6 amended to read as follows:

7 ‘‘(3) COST SHARING.—

8 ‘‘(A) IN GENERAL.—Total project costs

9 under each local cooperation agreement entered

10 into under this subsection shall be shared at 75

11 percent Federal and 25 percent non-Federal. The

12 non-Federal interest shall receive credit for the

13 reasonable costs of design work completed by

14 such interest prior to entering into a local co15 operation agreement with the Secretary for a

16 project. The credit for such design work shall not

17 exceed 6 percent of the total construction costs of

18 the project. The Federal share may be in the

19 form of grants or reimbursements of project costs.

20 ‘‘(B) INTEREST.—In the event of delays in

21 the funding of the non-Federal share of a project

22 that is the subject of an agreement under this

23 section, the non-Federal interest shall receive

24 credit for reasonable interest incurred in provid25 ing the non-Federal share of a project’s cost.
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1 ‘‘(C) LANDS, EASEMENTS, AND RIGHTS-OF2 WAY CREDIT.—The non-Federal interest shall re3 ceive credit for lands, easements, rights-of-way,

4 and relocations toward its share of project costs,

5 including all reasonable costs associated with ob6 taining permits necessary for the construction,

7 operation, and maintenance of such project on

8 publicly owned or controlled lands, but not to ex9 ceed 25 percent of total project costs.

10 ‘‘(D) OPERATION AND MAINTENANCE.—Op11 eration and maintenance costs for projects con12 structed with assistance provided under this sec13 tion shall be 100 percent non-Federal.’’.

14 (b) FUNDING.—Section 340(g) of the Water Resources

15 Development Act of 1992 (106 Stat. 4856) is amended by

16 striking ‘‘$5,000,000’’ and inserting ‘‘$25,000,000’’.

17 SEC. 378. WEST VIRGINIA TRAIL HEAD FACILITIES.

18 Section 306 of the Water Resources Development Act

19 of 1992 (106 Stat. 4840–4841) is amended by adding at

20 the end the following:

21 ‘‘The Secretary shall enter into an interagency agreement

22 with the Federal entity which provided assistance in the

23 preparation of the study for the purposes of providing ongo24 ing technical assistance and oversight for the trail facilities

25 envisioned by the master plan developed under this section.
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1 The Federal entity shall provide such assistance and over2 sight.’’.

3 SEC. 379. KICKAPOO RIVER, WISCONSIN.

4 (a) IN GENERAL.—The project for flood control and

5 allied purposes, Kickapoo River, Wisconsin, authorized by

6 section 203 of the Flood Control Act of 1962 (76 Stat. 1190)

7 and modified by section 814 of the Water Resources Devel8 opment Act of 1986 (100 Stat. 4169), is further modified

9 as provided by this section.

10 (b) TRANSFER OF PROPERTY.—

11 (1) IN GENERAL.—Subject to the requirements of

12 this subsection, the Secretary shall transfer to the

13 State of Wisconsin, without consideration, all right,

14 title, and interest of the United States to the lands de15 scribed in paragraph (3), including all works, struc16 tures, and other improvements to such lands.

17 (2) TRANSFER TO SECRETARY OF THE INTE18 RIOR.—Subject to the requirements of this subsection,

19 on the date of the transfer under paragraph (1), the

20 Secretary shall transfer to the Secretary of the Inte21 rior, without consideration, all right, title, and inter22 est of the United States in and to lands that are cul23 turally and religiously significant sites of the Ho24 Chunk Nation (a federally recognized Indian tribe)

25 and are located within the lands described in para-
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1 graph (3). Such lands shall be specified in accordance

2 with paragraph (4)(C) and may not exceed a total of

3 1,200 acres.

4 (3) LAND DESCRIPTION.—The lands to be trans5 ferred pursuant to paragraphs (1) and (2) are the ap6 proximately 8,569 acres of land associated with the

7 LaFarge Dam and Lake portion of the project re8 ferred to in subsection (a) in Vernon County, Wiscon9 sin, in the following sections:

10 (A) Section 31, Township 14 North, Range

11 1 West of the 4th Principal Meridian.

12 (B) Sections 2 through 11, and 16, 17, 20,

13 and 21, Township 13 North, Range 2 West of the

14 4th Principal Meridian.

15 (C) Sections 15, 16, 21 through 24, 26, 27,

16 31, and 33 through 36, Township 14 North,

17 Range 2 West of the 4th Principal Meridian.

18 (4) TERMS AND CONDITIONS.—

19 (A) HOLD HARMLESS; REIMBURSEMENT OF

20 UNITED STATES.—The transfer under paragraph

21 (1) shall be made on the condition that the State

22 of Wisconsin enters into a written agreement

23 with the Secretary to hold the United States

24 harmless from all claims arising from or through

25 the operation of the lands and improvements
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1 subject to the transfer. If title to the lands de2 scribed in paragraph (3) is sold or transferred

3 by the State, then the State shall reimburse the

4 United States for the price originally paid by

5 the United States for purchasing such lands.

6 (B) IN GENERAL.—The Secretary shall

7 make the transfers under paragraphs (1) and (2)

8 only if on or before October 31, 1997, the State

9 of Wisconsin enters into and submits to the Sec10 retary a memorandum of understanding, as

11 specified in subparagraph (C), with the tribal

12 organization (as defined by section 4(l) of the In13 dian Self-Determination and Education Assist14 ance Act (25 U.S.C. 450b(l))) of the Ho-Chunk

15 Nation.

16 (C) MEMORANDUM OF UNDERSTANDING.—

17 The memorandum of understanding referred to

18 in subparagraph (B) shall contain, at a mini19 mum, the following:

20 (i) A description of sites and associ21 ated lands to be transferred to the Secretary

22 of the Interior under paragraph (2).

23 (ii) An agreement specifying that the

24 lands transferred under paragraphs (1) and

25 (2) shall be preserved in a natural state and
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•S 640 EAH

1 developed only to the extent necessary to en2 hance outdoor recreational and educational

3 opportunities.

4 (iii) An agreement specifying the terms

5 and conditions of a plan for the manage6 ment of the lands to be transferred under

7 paragraphs (1) and (2).

8 (iv) A provision requiring a review of

9 the plan referred to in clause (iii) to be con10 ducted every 10 years under which the State

11 of Wisconsin, acting through the Kickapoo

12 Valley Governing Board, and the Ho-Chunk

13 Nation may agree to revisions of the plan

14 in order to address changed circumstances

15 on the lands transferred under paragraph

16 (2). Such provision may include a plan for

17 the transfer by the State to the Secretary of

18 the Interior of any additional site discov19 ered to be culturally and religiously signifi20 cant to the Ho-Chunk Nation.

21 (5) ADMINISTRATION OF LANDS.—The lands

22 transferred to the Secretary of the Interior under

23 paragraph (2), and any lands transferred to the Sec24 retary of the Interior pursuant to the memorandum

25 of understanding entered into under paragraph (3),
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1 shall be held in trust for, and added to and adminis2 tered as part of the reservation of, the Ho-Chunk Na3 tion.

4 (6) TRANSFER OF FLOWAGE EASEMENTS.—The

5 Secretary shall transfer to the owner of the servient

6 estate, without consideration, all right, title, and in7 terest of the United States in and to each flowage

8 easement acquired as part of the project referred to in

9 subsection (a) within Township 14 North, Range 2

10 West of the 4th Principal Meridian, Vernon County,

11 Wisconsin.

12 (7) DEAUTHORIZATION.—Except as provided in

13 subsection (c), the LaFarge Dam and Lake portion of

14 the project referred to in subsection (a) is not author15 ized after the date of the transfer under this sub16 section.

17 (8) INTERIM MANAGEMENT AND MAINTENANCE.—

18 The Secretary shall continue to manage and main19 tain the LaFarge Dam and Lake portion of the

20 project referred to in subsection (a) until the date of

21 the transfer under this section.

22 (c) COMPLETION OF PROJECT FEATURES.—

23 (1) REQUIREMENT.—The Secretary shall under24 take the completion of the following features of the

25 project referred to in subsection (a):
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1 (A) The continued relocation of State high2 way route 131 and county highway routes P and

3 F substantially in accordance with plans con4 tained in Design Memorandum No. 6, Reloca5 tion-LaFarge Reservoir, dated June 1970; except

6 that the relocation shall generally follow the ex7 isting road rights-of-way through the Kickapoo

8 Valley.

9 (B) Environmental cleanup and site res10 toration of abandoned wells, farm sites, and safe11 ty modifications to the water control structures.

12 (C) Cultural resource activities to meet the

13 requirements of Federal law.

14 (2) PARTICIPATION BY STATE OF WISCONSIN.—

15 In undertaking the completion of the features de16 scribed in paragraph (1), the Secretary shall deter17 mine the requirements of the State of Wisconsin on

18 the location and design of each such feature.

19 (d) FUNDING.—There is authorized to be appropriated

20 to carry out this section for fiscal years beginning after Sep21 tember 30, 1996, $17,000,000.

22 SEC. 380. TETON COUNTY, WYOMING.

23 Section 840 of the Water Resources Development Act

24 of 1986 (100 Stat. 4176) is amended—
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1 (1) by striking ‘‘: Provided, That’’ and inserting

2 ‘‘; except that’’;

3 (2) by striking ‘‘in cash or materials’’ and in4 serting ‘‘, through providing in-kind services or cash

5 or materials,’’; and

6 (3) by adding at the end the following: ‘‘In car7 rying out this section, the Secretary may enter into

8 agreements with the non-Federal sponsor permitting

9 the non-Federal sponsor to perform operation and

10 maintenance for the project on a cost-reimbursable

11 basis.’’.

12 TITLE IV—STUDIES

13 SEC. 401. CORPS CAPABILITY STUDY, ALASKA.

14 The Secretary shall review the capability of the Corps

15 of Engineers to plan, design, construct, operate, and main16 tain rural sanitation projects for rural and Native villages

17 in Alaska. Not later than 18 months after the date of the

18 enactment of this Act, the Secretary shall transmit findings

19 and recommendations on the agency’s capability, together

20 with recommendations on the advisability of assuming such

21 a mission.

22 SEC. 402. MCDOWELL MOUNTAIN, ARIZONA.

23 The Secretary shall credit the non-Federal share of the

24 cost of the feasibility study on the McDowell Mountain

25 project an amount equivalent to the cost of work performed
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1 by the city of Scottsdale, Arizona, and accomplished prior

2 to the city’s entering into an agreement with the Secretary

3 if the Secretary determines that the work is necessary for

4 the study.

5 SEC. 403. NOGALES WASH AND TRIBUTARIES, ARIZONA.

6 (a) STUDY.—The Secretary shall conduct a study of

7 the relationship of flooding in Nogales, Arizona, and

8 floodflows emanating from Mexico.

9 (b) REPORT.—The Secretary shall transmit to Con10 gress a report on the results of the study conducted under

11 subsection (a), together with recommendations concerning

12 the appropriate level of non-Federal participation in the

13 project for flood control, Nogales Wash and tributaries, Ari14 zona, authorized by section 101(a)(4) of the Water Re15 sources Development Act of 1990 (104 Stat. 4606).

16 SEC. 404. GARDEN GROVE, CALIFORNIA.

17 The Secretary shall conduct a study to assess the fea18 sibility of implementing improvements in the regional flood

19 control system within Garden Grove, California.

20 SEC. 405. MUGU LAGOON, CALIFORNIA.

21 (a) STUDY.—The Secretary shall conduct a study of

22 the environmental impacts associated with sediment trans23 port, flood flows, and upstream watershed land use prac24 tices on Mugu Lagoon, California. The study shall include

25 an evaluation of alternatives for the restoration of the estua-
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•S 640 EAH

1 rine ecosystem functions and values associated with Mugu

2 Lagoon and the endangered and threatened species inhabit3 ing the area.

4 (b) CONSULTATION AND COORDINATION.—In conduct5 ing the study, the Secretary shall consult with the Secretary

6 of the Navy and shall coordinate with State and local re7 source agencies to assure that the study is compatible with

8 restoration efforts for the Calleguas Creek watershed.

9 (c) REPORT.—Not later than 24 months after the date

10 of the enactment of this Act, the Secretary shall transmit

11 to Congress a report on the results of the study.

12 SEC. 406. SANTA YNEZ, CALIFORNIA.

13 (a) PLANNING.—Not later than 1 year after the date

14 of the enactment of this Act, the Secretary shall prepare

15 a comprehensive river basin management plan addressing

16 the long term ecological, economic, and flood control needs

17 of the Santa Ynez River basin, California. In preparing

18 such plan, the Secretary shall consult the Santa Barbara

19 Flood Control District and other affected local governmental

20 entities.

21 (b) TECHNICAL ASSISTANCE.—The Secretary shall

22 provide technical assistance to the Santa Barbara Flood

23 Control District with respect to implementation of the plan

24 to be prepared under subsection (a).
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1 SEC. 407. SOUTHERN CALIFORNIA INFRASTRUCTURE.

2 (a) ASSISTANCE.—Section 116(d)(1) of the Water Re3 sources Development Act of 1990 (104 Stat. 4624) is amend4 ed—

5 (1) in the heading of paragraph (1) by inserting

6 ‘‘AND ASSISTANCE’’ after ‘‘STUDY’’; and

7 (2) by adding at the end the following: ‘‘In addi8 tion, the Secretary shall provide technical, design,

9 and planning assistance to non-Federal interests in

10 developing potential infrastructure projects.’’.

11 (b) FUNDING.—Section 116(d)(3) of such Act is

12 amended by striking ‘‘$1,500,000’’ and inserting

13 ‘‘$7,500,000’’.

14 SEC. 408. YOLO BYPASS, SACRAMENTO-SAN JOAQUIN

15 DELTA, CALIFORNIA.

16 The Secretary shall study the advisability of acquiring

17 land in the vicinity of the Yolo Bypass in the Sacramento18 San Joaquin Delta, California, for the purpose of environ19 mental mitigation for the flood control project for Sac20 ramento, California, and other water resources projects in

21 the area.

22 SEC. 409. CHAIN OF ROCKS CANAL, ILLINOIS.

23 The Secretary shall complete a limited reevaluation of

24 the authorized St. Louis Harbor Project in the vicinity of

25 the Chain of Rocks Canal, Illinois, and consistent with the
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1 authorized purposes of that project, to include evacuation

2 of waters interior to the Chain of Rocks Canal East Levee.

3 SEC. 410. QUINCY, ILLINOIS.

4 (a) STUDY.—The Secretary shall study and evaluate

5 the critical infrastructure of the Fabius River Drainage

6 District, the South Quincy Drainage and Levee District,

7 the Sny Island Levee Drainage District, and the city of

8 Quincy, Illinois—

9 (1) to determine if additional flood protection

10 needs of such infrastructure should be identified or

11 implemented;

12 (2) to produce a definition of critical infrastruc13 ture;

14 (3) to develop evaluation criteria; and

15 (4) to enhance existing geographic information

16 system databases to encompass relevant data that

17 identify critical infrastructure for use in emergencies

18 and in routine operation and maintenance activities.

19 (b) CONSIDERATION OF OTHER STUDIES.—In con20 ducting the study under this section, the Secretary shall

21 consider the recommendations of the Interagency Flood22 plain Management Committee Report, the findings of the

23 Floodplain Management Assessment of the Upper Mis24 sissippi River and Lower Missouri Rivers and Tributaries,

25 and other relevant studies and findings.
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1 (c) REPORT.—Not later than 1 year after the date of

2 the enactment of this Act, the Secretary shall transmit to

3 Congress a report on the results of the study, together with

4 recommendations regarding each of the purposes of the

5 study described in paragraphs (1) through (4) of subsection

6 (a).

7 SEC. 411. SPRINGFIELD, ILLINOIS.

8 The Secretary shall provide technical, planning, and

9 design assistance to the city of Springfield, Illinois, in de10 veloping—

11 (1) an environmental impact statement for the

12 proposed development of a water supply reservoir, in13 cluding the preparation of necessary documentation

14 in support of the environmental impact statement;

15 and

16 (2) an evaluation of technical, economic, and en17 vironmental impacts of such development.

18 SEC. 412. BEAUTY CREEK WATERSHED, VALPARAISO CITY,

19 PORTER COUNTY, INDIANA.

20 The Secretary shall conduct a study to assess the fea21 sibility of implementing streambank erosion control meas22 ures and flood control measures within the Beauty Creek

23 watershed, Valparaiso City, Porter County, Indiana.
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•S 640 EAH

1 SEC. 413. GRAND CALUMET RIVER, HAMMOND, INDIANA.

2 (a) STUDY.—The Secretary shall conduct a study to

3 establish a methodology and schedule to restore the wetlands

4 at Wolf Lake and George Lake in Hammond, Indiana.

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

6 the enactment of this Act, the Secretary shall transmit to

7 Congress a report on the results of the study conducted

8 under subsection (a).

9 SEC. 414. INDIANA HARBOR CANAL, EAST CHICAGO, LAKE

10 COUNTY, INDIANA.

11 The Secretary shall conduct a study of the feasibility

12 of including environmental and recreational features, in13 cluding a vegetation buffer, as part of the project for navi14 gation, Indiana Harbor Canal, East Chicago, Lake County,

15 Indiana, authorized by the first section of the Rivers and

16 Harbors Appropriations Act of June 25, 1910 (36 Stat.

17 657).

18 SEC. 415. KOONTZ LAKE, INDIANA.

19 The Secretary shall conduct a study of the feasibility

20 of implementing measures to restore Koontz Lake, Indiana,

21 including measures to remove silt, sediment, nutrients,

22 aquatic growth, and other noxious materials from Koontz

23 Lake, measures to improve public access facilities to Koontz

24 Lake, and measures to prevent or abate the deposit of sedi25 ments and nutrients in Koontz Lake.
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1 SEC. 416. LITTLE CALUMET RIVER, INDIANA.

2 (a) STUDY.—The Secretary shall conduct a study of

3 the impact of the project for flood control, Little Calumet

4 River, Indiana, authorized by section 401(a) of the Water

5 Resources Development Act of 1986 (100 Stat. 4115), on

6 flooding and water quality in the vicinity of the Black Oak

7 area of Gary, Indiana.

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

9 the enactment of this Act, the Secretary shall transmit to

10 Congress a report on the results of the study conducted

11 under subsection (a), together with recommendations for

12 cost-effective remediation of impacts described in subsection

13 (a).

14 (c) FEDERAL SHARE.—The Federal share of the cost

15 of the study to be conducted under subsection (a) shall be

16 100 percent.

17 SEC. 417. TIPPECANOE RIVER WATERSHED, INDIANA.

18 (a) STUDY.—The Secretary shall conduct a study of

19 water quality and environmental restoration needs in the

20 Tippecanoe River watershed, Indiana, including measures

21 necessary to reduce siltation in Lake Shafer and Lake Free22 man.

23 (b) ASSISTANCE.—The Secretary shall provide tech24 nical, planning, and design assistance to the Shafer Free25 man Lakes Environmental Conservation Corporation in

26 addressing potential environmental restoration activities
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1 determined as a result of the study conducted under sub2 section (a).

3 SEC. 418. CALCASIEU SHIP CHANNEL, HACKBERRY, LOUISI4 ANA.

5 The Secretary shall conduct a study to determine the

6 need for improved navigation and related support service

7 structures in the vicinity of the Calcasieu Ship Channel,

8 Hackberry, Louisiana.

9 SEC. 419. HURON RIVER, MICHIGAN.

10 The Secretary shall conduct a study to determine the

11 need for channel improvements and associated modifica12 tions for the purpose of providing a harbor of refuge at

13 Huron River, Michigan.

14 SEC. 420. SACO RIVER, NEW HAMPSHIRE.

15 The Secretary shall conduct a study of flood control

16 problems along the Saco River in Hart’s Location, New

17 Hampshire, for the purpose of evaluating retaining walls,

18 berms, and other structures with a view to potential solu19 tions involving repair or replacement of existing structures

20 and shall consider other alternatives for flood damage re21 duction.

22 SEC. 421. BUFFALO RIVER GREENWAY, NEW YORK.

23 The Secretary shall conduct a study of a potential

24 greenway trail project along the Buffalo River between the

25 park system of the city of Buffalo, New York, and Lake
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1 Erie. Such study shall include preparation of an integrated

2 plan of development that takes into consideration the adja3 cent parks, nature preserves, bikeways, and related rec4 reational facilities.

5 SEC. 422. PORT OF NEWBURGH, NEW YORK.

6 The Secretary shall conduct a study of the feasibility

7 of carrying out improvements for navigation at the port

8 of Newburgh, New York.

9 SEC. 423. PORT OF NEW YORK-NEW JERSEY SEDIMENT

10 STUDY.

11 (a) STUDY OF MEASURES TO REDUCE SEDIMENT

12 DEPOSITION.—The Secretary shall conduct a study of meas13 ures that could reduce sediment deposition in the vicinity

14 of the Port of New York-New Jersey for the purpose of reduc15 ing the volumes to be dredged for navigation projects in the

16 Port.

17 (b) DREDGED MATERIAL DISPOSAL STUDY.—The Sec18 retary shall conduct a study to determine the feasibility of

19 constructing and operating an underwater confined dredged

20 material disposal site in the Port of New York-New Jersey

21 which could accommodate as much as 250,000 cubic yards

22 of dredged materials for the purpose of demonstrating the

23 feasibility of an underwater confined disposal pit as an en24 vironmentally suitable method of containing certain sedi25 ments.
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1 (c) REPORT.—The Secretary shall transmit to Con2 gress a report on the results of the studies conducted under

3 this section, together with any recommendations of the Sec4 retary concerning reduction of sediment deposition referred

5 to in subsection (a).

6 SEC. 424. PORT OF NEW YORK-NEW JERSEY NAVIGATION

7 STUDY.

8 The Secretary shall conduct a comprehensive study of

9 navigation needs at the Port of New York-New Jersey (in10 cluding the South Brooklyn Marine and Red Hook Con11 tainer Terminals, Staten Island, and adjacent areas) to ad12 dress improvements, including deepening of existing chan13 nels to depths of 50 feet or greater, that are required to

14 provide economically efficient and environmentally sound

15 navigation to meet current and future requirements.

16 SEC. 425. CHAGRIN RIVER, OHIO.

17 The Secretary shall conduct a study of flooding prob18 lems along the Chagrin River in Eastlake, Ohio. In con19 ducting such study, the Secretary shall evaluate potential

20 solutions to flooding from all sources, including that result21 ing from ice jams, and shall evaluate the feasibility of a

22 sedimentation collection pit and other potential measures

23 to reduce flooding.
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1 SEC. 426. CUYAHOGA RIVER, OHIO.

2 The Secretary shall conduct a study to evaluate the

3 integrity of the bulkhead system located on the Federal

4 channel along the Cuyahoga River in the vicinity of Cleve5 land, Ohio, and shall provide to the non-Federal interest

6 an analysis of costs and repairs of the bulkhead system.

7 SEC. 427. CHARLESTON, SOUTH CAROLINA, ESTUARY.

8 The Secretary is authorized to conduct a study of the

9 Charleston estuary area located in Charleston, Berkeley,

10 and Dorchester Counties, South Carolina, for the purpose

11 of evaluating environmental conditions in the tidal reaches

12 of the Ashley, Cooper, Stono, and Wando Rivers and the

13 lower portions of Charleston Harbor.

14 SEC. 428. MUSTANG ISLAND, CORPUS CHRISTI, TEXAS.

15 The Secretary shall conduct a study of navigation

16 along the south-central coast of Texas near Corpus Christi

17 for the purpose of determining the feasibility of constructing

18 and maintaining the Packery Channel on the southern por19 tion of Mustang Island.

20 SEC. 429. PRINCE WILLIAM COUNTY, VIRGINIA.

21 The Secretary shall conduct a study of flooding, ero22 sion, and other water resources problems in Prince William

23 County, Virginia, including an assessment of wetlands pro24 tection, erosion control, and flood damage reduction needs

25 of the County.
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1 SEC. 430. PACIFIC REGION.

2 (a) STUDY.—The Secretary is authorized to conduct

3 studies in the interest of navigation in that part of the Pa4 cific region that includes American Samoa, Guam, and the

5 Commonwealth of the Northern Mariana Islands.

6 (b) COST SHARING.—The cost sharing provisions of

7 section 105 of the Water Resources Development Act of 1986

8 (33 U.S.C. 2215; 100 Stat. 4088–4089) shall apply to stud9 ies under this section.

10 SEC. 431. FINANCING OF INFRASTRUCTURE NEEDS OF

11 SMALL AND MEDIUM PORTS.

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

13 alternative financing mechanisms for ensuring adequate

14 funding for the infrastructure needs of small and medium

15 ports.

16 (b) MECHANISMS TO BE STUDIED.—Mechanisms to be

17 studied under subsection (a) shall include the establishment

18 of revolving loan funds.

19 (c) REPORT.—Not later than 180 days after the date

20 of the enactment of this Act, the Secretary shall transmit

21 to Congress a report containing the results of the study con22 ducted under subsection (a).
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1 TITLE V—MISCELLANEOUS

2 PROVISIONS

3 SEC. 501. PROJECT DEAUTHORIZATIONS.

4 The following projects are not authorized after the date

5 of the enactment of this Act:

6 (1) BRANFORD HARBOR, CONNECTICUT.—The fol7 lowing portion of the project for navigation, Branford

8 River, Connecticut, authorized by the first section of

9 the Rivers and Harbors Appropriations Act of June

10 13, 1902 (32 Stat. 333): Starting at a point on the

11 Federal channel line whose coordinates are

12 N156181.32, E581572.38, running south 70 degrees

13 11 minutes 8 seconds west a distance of 171.58 feet

14 to another point on the Federal channel line whose co15 ordinates are N156123.18, E581410.96.

16 (2) BRIDGEPORT HARBOR, CONNECTICUT.—The

17 following portion of the project for navigation,

18 Bridgeport Harbor, Connecticut, authorized by sec19 tion 101 of the River and Harbor Act of 1958 (72

20 Stat. 297): A 2.4-acre anchorage area, 9 feet deep,

21 and an adjacent 0.6-acre anchorage, 6 feet deep, lo22 cated on the west side of Johnsons River.

23 (3) GUILFORD HARBOR, CONNECTICUT.—The fol24 lowing portion of the project for navigation, Guilford

25 Harbor, Connecticut, authorized by section 2 of the
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1 Act entitled ‘‘An Act authorizing construction, repair,

2 and preservation of certain public works on rivers

3 and harbors, and for other purposes’’, approved

4 March 2, 1945 (50 Stat. 13): Starting at a point

5 where the Sluice Creek Channel intersects with the

6 main entrance channel, N159194.63, E623201.07,

7 thence running north 24 degrees 58 minutes 15.2 sec8 onds west 478.40 feet to a point N159628.31,

9 E622999.11, thence running north 20 degrees 18 min10 utes 31.7 seconds west 351.53 feet to a point

11 N159957.99, E622877.10, thence running north 69

12 degrees 41 minutes 37.9 seconds east 55.000 feet to a

13 point N159977.08, E622928.69, thence turning and

14 running south 20 degrees 18 minutes 31.0 seconds

15 east 349.35 feet to a point N159649.45, E623049.94,

16 thence turning and running south 24 degrees 58 min17 utes 11.1 seconds east 341.36 feet to a point

18 N159340.00, E623194.04, thence turning and run19 ning south 90 degrees 0 minutes 0 seconds east 78.86

20 feet to a point N159340.00, E623272.90.

21 (4) 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 (5) MYSTIC RIVER, CONNECTICUT.—The follow6 ing portion of the project for improving the Mystic

7 River, Connecticut, authorized by the River and Har8 bor Act approved March 4, 1913 (37 Stat. 802):

9 Beginning in the 15-foot deep channel at coordinates

10 north 190860.82, east 814416.20, thence running

11 southeast about 52.01 feet to the coordinates north

12 190809.47, east 814424.49, thence running southwest

13 about 34.02 feet to coordinates north 190780.46, east

14 814406.70, thence running north about 80.91 feet to

15 the point of beginning.

16 (6) NORWALK HARBOR, CONNECTICUT.—

17 (A) DEAUTHORIZATION.—The portion of the

18 project for navigation, Norwalk Harbor, Con19 necticut, authorized by the River and Harbor

20 Act of March 2, 1919 (40 Stat. 1276), that lies

21 northerly of a line across the Federal channel

22 having coordinates N104199.72, E417774.12 and

23 N104155.59, E417628.96, and those portions of

24 the 6-foot deep East Norwalk Channel and An25 chorage, authorized by section 2 of the Act enti-
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1 tled ‘‘An Act authorizing the construction, re2 pair, and preservation of certain public works on

3 rivers and harbors, and for other purposes’’, ap4 proved March 2, 1945 (59 Stat. 13), not included

5 in the description of the realignment of the

6 project contained in subparagraph (B).

7 (B) REALIGNMENT DESCRIPTION.—The re8 aligned 6-foot deep East Norwalk Channel and

9 Anchorage is described as follows: starting at a

10 point on the East Norwalk Channel, N95743.02,

11 E419581.37, thence running northwesterly about

12 463.96 feet to a point N96197.93, E419490.18,

13 thence running northwesterly about 549.32 feet

14 to a point N96608.49, E419125.23, thence run15 ning northwesterly about 384.06 feet to a point

16 N96965.94, E418984.75, thence running north17 westerly about 407.26 feet to a point N97353.87,

18 E418860.78, thence running westerly about

19 58.26 feet to a point N97336.26, E418805.24,

20 thence running northwesterly about 70.99 feet to

21 a point N97390.30, E418759.21, thence running

22 westerly about 71.78 feet to a point on the an23 chorage limit N97405.26, E418689.01, thence

24 running southerly along the western limits of the

25 existing Federal anchorage until reaching a
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1 point N95893.74, E419449.17, thence running in

2 a southwesterly direction about 78.74 feet to a

3 point on the East Norwalk Channel N95815.62,

4 E419439.33.

5 (C) REDESIGNATION.—All of the realigned

6 channel shall be redesignated as anchorage, with

7 the exception of that portion of the channel

8 which narrows to a width of 100 feet and termi9 nates at a line whose coordinates are N96456.81,

10 E419260.06, and N96390.37, E419185.32, which

11 shall remain as a channel.

12 (7) SOUTHPORT HARBOR, CONNECTICUT.—

13 (A) DEAUTHORIZATION PORTION OF

14 PROJECT.—The following portions of the project

15 for navigation, Southport Harbor, Connecticut,

16 authorized by the first section of the Rivers and

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

18 (i) The 6-foot deep anchorage located

19 at the head of the project.

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

21 channel beginning at a bend in the channel

22 whose coordinates are north 109131.16, east

23 452653.32 running thence in a northeast24 erly direction about 943.01 feet to a point

25 whose coordinates are north 109635.22, east
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1 453450.31 running thence in a southeast2 erly direction about 22.66 feet to a point

3 whose coordinates are north 109617.15, east

4 453463.98 running thence in a southwest5 erly direction about 945.18 feet to the point

6 of beginning.

7 (B) REMAINDER.—The remaining portion

8 of the project referred to in subparagraph (A)

9 northerly of a line whose coordinates are north

10 108699.15, east 452768.36 and north 108655.66,

11 east 452858.73 shall be redesignated as an an12 chorage.

13 (8) STONY CREEK, BRANFORD, CONNECTICUT.—

14 The following portion of the project for navigation,

15 Stony Creek, Connecticut, authorized under section

16 107 of the River and Harbor Act of 1960 (33 U.S.C.

17 577): The 6-foot maneuvering basin starting at a

18 point N157031.91, E599030.79, thence running

19 northeasterly about 221.16 feet to a point

20 N157191.06, E599184.37, thence running northerly

21 about 162.60 feet to a point N157353.56, E599189.99,

22 thence running southwesterly about 358.90 feet to the

23 point of origin.

24 (9) KENNEBUNK RIVER, MAINE.—That portion of

25 the project for navigation, Kennebunk River, Maine,
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1 authorized by section 101 of the River and Harbor

2 Act of 1962 (76 Stat. 1173) and consisting of a 6-foot

3 deep channel that lies northerly of a line whose co4 ordinates are N191412.53, E417265.28 and

5 N191445.83, E417332.48.

6 (10) YORK HARBOR, MAINE.—That portion of the

7 project for navigation, York Harbor, Maine, author8 ized by section 101 of the River and Harbor Act of

9 1960 (74 Stat. 480), located in the 8-foot deep anchor10 age area beginning at coordinates N 109340.19, E

11 372066.93, thence running north 65 degrees 12 min12 utes 10.5 seconds E 423.27 feet to a point N

13 109517.71, E372451.17, thence running north 28 de14 grees 42 minutes 58.3 seconds west 11.68 feet to a

15 point N 109527.95, E 372445.56, thence running

16 south 63 degrees 37 minutes 24.6 seconds west 422.63

17 feet returning to the point of beginning and that por18 tion in the 8-foot deep anchorage area beginning at

19 coordinates N 108557.24, E 371645.88, thence run20 ning south 60 degrees 41 minutes 17.2 seconds east

21 484.51 feet to a point N 108320.04, E 372068.36,

22 thence running north 29 degrees 12 minutes 53.3 sec23 onds east 15.28 feet to a point N 108333.38, E

24 372075.82, thence running north 62 degrees 29 min-
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1 utes 42.1 seconds west 484.73 feet returning to the

2 point of beginning.

3 (11) CHELSEA RIVER, BOSTON HARBOR, MASSA4 CHUSETTS.—The following portion of the project for

5 navigation, Boston Harbor, Massachusetts, authorized

6 by section 101 of the River and Harbor Act of 1962

7 (76 Stat. 1173), consisting of a 35-foot deep channel

8 in the Chelsea River: Beginning at a point on the

9 northern limit of the existing project N505357.84,

10 E724519.19, thence running northeasterly about

11 384.19 feet along the northern limit of the existing

12 project to a bend on the northern limit of the existing

13 project N505526.87, E724864.20, thence running

14 southeasterly about 368.00 feet along the northern

15 limit of the existing project to another point

16 N505404.77, E725211.35, thence running westerly

17 about 594.53 feet to a point N505376.12, E724617.51,

18 thence running southwesterly about 100.00 feet to the

19 point of origin.

20 (12) COHASSET HARBOR, COHASSET, MASSACHU21 SETTS.—The following portions of the project for

22 navigation, Cohasset Harbor, Massachusetts, author23 ized under section 107 of the River and Harbor Act

24 of 1960 (33 U.S.C. 577):
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1 (A) The portion starting at a point

2 N453510.15, E792664.63, thence running south

3 53 degrees 07 minutes 05.4 seconds west 307.00

4 feet to a point N453325.90, E792419.07, thence

5 running north 57 degrees 56 minutes 36.8 sec6 onds west 201.00 feet to a point N453432.58,

7 E792248.72, thence running south 88 degrees 57

8 minutes 25.6 seconds west 50.00 feet to a point

9 N453431.67, E792198.73, thence running north

10 01 degree 02 minutes 52.3 seconds west 66.71 feet

11 to a point N453498.37, E792197.51, thence run12 ning north 69 degrees 12 minutes 52.3 seconds

13 east 332.32 feet to a point N453616.30,

14 E792508.20, thence running south 55 degrees 50

15 minutes 24.1 seconds east 189.05 feet to the point

16 of origin.

17 (B) The portion starting at a point

18 N452886.64, E791287.83, thence running south

19 00 degrees 00 minutes 00.0 seconds west 56.04

20 feet to a point N452830.60, E791287.83, thence

21 running north 90 degrees 00 minutes 00.0 sec22 onds west 101.92 feet to a point, N452830.60,

23 E791185.91, thence running north 52 degrees 12

24 minutes 49.7 seconds east 89.42 feet to a point,

25 N452885.39, E791256.58, thence running north
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1 87 degrees 42 minutes 33.8 seconds east 31.28

2 feet to the point of origin.

3 (C) The portion starting at a point,

4 N452261.08, E792040.24, thence running north

5 89 degrees 07 minutes 19.5 seconds east 118.78

6 feet to a point, N452262.90, E792159.01, thence

7 running south 43 degrees 39 minutes 06.8 sec8 onds west 40.27 feet to a point, N452233.76,

9 E792131.21, thence running north 74 degrees 33

10 minutes 29.1 seconds west 94.42 feet to a point,

11 N452258.90, E792040.20, thence running north

12 01 degree 03 minutes 04.3 seconds east 2.18 feet

13 to the point of origin.

14 (13) FALMOUTH, MASSACHUSETTS.—

15 (A) DEAUTHORIZATIONS.—The following

16 portions of the project for navigation, Falmouth

17 Harbor, Massachusetts, authorized by section 101

18 of the River and Harbor Act of 1948 (62 Stat.

19 1172):

20 (i) The portion commencing at a point

21 north 199286.37 east 844394.81 a line run22 ning north 73 degrees 09 minutes 29 sec23 onds east 440.34 feet to a point north

24 199413.99 east 844816.36, thence turning

25 and running north 43 degrees 09 minutes
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1 34.5 seconds east 119.99 feet to a point

2 north 199501.52 east 844898.44, thence

3 turning and running south 66 degrees 52

4 minutes 03.5 seconds east 547.66 feet re5 turning to a point north 199286.41 east

6 844394.91.

7 (ii) The portion commencing at a

8 point north 199647.41 east 845035.25 a line

9 running north 43 degrees 09 minutes 33.1

10 seconds east 767.15 feet to a point north

11 200207.01 east 845560.00, thence turning

12 and running north 11 degrees 04 minutes

13 24.3 seconds west 380.08 feet to a point

14 north 200580.01 east 845487.00, thence

15 turning and running north 22 degrees 05

16 minutes 50.8 seconds east 1332.36 feet to a

17 point north 201814.50 east 845988.21,

18 thence turning and running north 02 de19 grees 54 minutes 15.7 seconds east 15.0 feet

20 to a point north 201829.48 east 845988.97,

21 thence turning and running south 24 de22 grees 56 minutes 42.3 seconds west 1410.29

23 feet returning to the point north 200550.75

24 east 845394.18.
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1 (B) REDESIGNATION.—The portion of the

2 project for navigation Falmouth, Massachusetts,

3 referred to in subparagraph (A) upstream of a

4 line designated by the 2 points north 199463.18

5 east 844496.40 and north 199350.36 east

6 844544.60 is redesignated as an anchorage area.

7 (14) MYSTIC RIVER, MASSACHUSETTS.—The fol8 lowing portion of the project for navigation, Mystic

9 River, Massachusetts, authorized by section 101 of the

10 River and Harbor Act of 1950 (64 Stat. 164): The

11 35–foot deep channel beginning at a point on the

12 northern limit of the existing project, N506243.78,

13 E717600.27, thence running easterly about 1000.00

14 feet along the northern limit of the existing project to

15 a point, N506083.42, E718587.33, thence running

16 southerly about 40.00 feet to a point, N506043.94,

17 E718580.91, thence running westerly about 1000.00

18 feet to a point, N506204.29, E717593.85, thence run19 ning northerly about 40.00 feet to the point of origin.

20 (15) RESERVED CHANNEL, BOSTON, MASSACHU21 SETTS.—That portion of the project for navigation,

22 Reserved Channel, Boston, Massachusetts, authorized

23 by section 101(a)(12) of the Water Resources Develop24 ment Act of 1990 (104 Stat. 4607), that consists of

25 a 40-foot deep channel beginning at a point along the
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1 southern limit of the authorized project, N489391.22,

2 E728246.54, thence running northerly about 54 feet to

3 a point, N489445.53, E728244.97, thence running

4 easterly about 2,926 feet to a point, N489527.38,

5 E731170.41, thence running southeasterly about 81

6 feet to a point, N489474.87, E731232.55, thence run7 ning westerly about 2,987 feet to the point of origin.

8 (16) WEYMOUTH-FORE AND TOWN RIVERS, MAS9 SACHUSETTS.—The following portions of the project

10 for navigation, Weymouth-Fore and Town Rivers,

11 Boston Harbor, Massachusetts, authorized by section

12 301 of the River and Harbor Act of 1965 (79 Stat.

13 1089):

14 (A) The 35–foot deep channel beginning at

15 a bend on the southern limit of the existing

16 project, N457394.01, E741109.74, thence running

17 westerly about 405.25 feet to a point,

18 N457334.64, E740708.86, thence running south19 westerly about 462.60 feet to another bend in the

20 southern limit of the existing project,

21 N457132.00, E740293.00, thence running north22 easterly about 857.74 feet along the southern

23 limit of the existing project to the point of ori24 gin.
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1 (B) The 15 and 35-foot deep channels begin2 ning at a point on the southern limit of the ex3 isting project, N457163.41, E739903.49, thence

4 running northerly about 111.99 feet to a point,

5 N457275.37, E739900.76, thence running west6 erly about 692.37 feet to a point N457303.40,

7 E739208.96, thence running southwesterly about

8 190.01 feet to another point on the southern

9 limit of the existing project, N457233.17,

10 E739032.41, thence running easterly about

11 873.87 feet along the southern limit of the exist12 ing project to the point of origin.

13 (17) COCHECO RIVER, NEW HAMPSHIRE.—The

14 portion of the project for navigation, Cocheco River,

15 New Hampshire, authorized by the first section of the

16 Act entitled ‘‘An Act making appropriations for the

17 construction, repair, and preservation of certain pub18 lic works on rivers and harbors, and for other pur19 poses’’, approved September 19, 1890 (26 Stat. 436),

20 that consists of a 7-foot deep channel that lies north21 erly of a line the coordinates of which are

22 N255292.31, E713095.36, and N255334.51,

23 E713138.01.

24 (18) MORRISTOWN HARBOR, NEW YORK.—The

25 following portion of the project for navigation, Mor-
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1 ristown Harbor, New York, authorized by the first

2 section of the Rivers and Harbors Act of January 21,

3 1927 (44 Stat. 1011): The portion that lies north of

4 the north boundary of Morris Street extended.

5 (19) OSWEGATCHIE RIVER, OGDENSBURG NEW

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

7 project for navigation, Ogdensburg Harbor, New York,

8 authorized by the first section of the Rivers and Har9 bors Appropriations Act of June 25, 1910 (36 Stat.

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

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

12 that is in the Oswegatchie River in Ogdensburg, New

13 York, from the southernmost alignment of the Route

14 68 bridge upstream to the northernmost alignment of

15 the Lake Street bridge.

16 (20) CONNEAUT HARBOR, OHIO.—The most

17 southerly 300 feet of the 1,670-foot long Shore Arm of

18 the project for navigation, Conneaut Harbor, Ohio,

19 authorized by the first section of the Rivers and Har20 bors Appropriation Act of June 25, 1910 (36 Stat.

21 653).

22 (21) LORAIN SMALL BOAT BASIN, LAKE ERIE,

23 OHIO.—The portion of the Federal navigation chan24 nel, Lorain Small Boat Basin, Lake Erie, Ohio, au25 thorized pursuant to section 107 of the River and
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1 Harbor Act of 1960 (74 Stat. 486) that is situated in

2 the State of Ohio, County of Lorain, Township of

3 Black River and is a part of Original Black River

4 Township Lot Number 1, Tract Number 1, further

5 known as being submerged lands of Lake Erie owned

6 by the State of Ohio and that is more definitely de7 scribed as follows:

8 Commencing at a drill hole found on the

9 centerline of Lakeside Avenue (60 feet in width)

10 at the intersection of the centerline of the East

11 Shorearm of Lorain Harbor, said point is known

12 as United States Army Corps of Engineers

13 Monument No. 203 (N658012.20, E208953.88).

14 Thence, in a line north 75 degrees 26 min15 utes 12 seconds west, a distance of 387.87 feet to

16 a point (N658109.73, E2089163.47). This point

17 is hereinafter in this paragraph referred to as

18 the ‘‘principal point of beginning’’.

19 Thence, north 58 degrees 14 minutes 11 sec20 onds west, a distance of 50.00 feet to a point

21 (N658136.05, E2089120.96).

22 Thence, south 67 degrees 49 minutes 32 sec23 onds west, a distance of 665.16 feet to a point

24 (N657885.00, E2088505.00).
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1 Thence, north 88 degrees 13 minutes 52 sec2 onds west, a distance of 551.38 feet to a point

3 (N657902.02, E2087953.88).

4 Thence, north 29 degrees 17 minutes 42 sec5 onds east, a distance of 114.18 feet to point

6 (N658001.60, E2088009.75).

7 Thence, south 88 degrees 11 minutes 40 sec8 onds east, a distance of 477.00 feet to a point

9 (N657986.57, E2088486.51).

10 Thence, north 68 degrees 11 minutes 06 sec11 onds east, a distance of 601.95 feet to a point

12 (N658210.26, E2089045.35).

13 Thence, north 35 degrees 11 minutes 34 sec14 onds east, a distance of 89.58 feet to a point

15 (N658283.47, E2089096.98).

16 Thence, south 20 degrees 56 minutes 30 sec17 onds east, a distance of 186.03 feet to the prin18 cipal point of beginning (N658109.73,

19 E2089163.47) and containing within such

20 bounds 2.81 acres, more or less, of submerged

21 land.

22 (22) APPONAUG COVE, WARWICK, RHODE IS23 LAND.—The following portion of the project for navi24 gation, Apponaug Cove, Rhode Island, authorized

25 under section 101 of the River and Harbor Act of
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•S 640 EAH

1 1960 (74 Stat. 480): The 6-foot channel bounded by

2 coordinates N223269.93, E513089.12; N223348.31,

3 E512799.54; N223251.78, E512773.41; and

4 N223178.0, E513046.0.

5 (23) PORT WASHINGTON HARBOR, WISCONSIN.—

6 The following portion of the navigation project for

7 Port Washington Harbor, Wisconsin, authorized by

8 the Rivers and Harbors Appropriations Act of July

9 11, 1870 (16 Stat. 223): Beginning at the northwest

10 corner of project at Channel Pt. No. 36, of the Federal

11 Navigation Project, Port Washington Harbor,

12 Ozaukee County, Wisconsin, at coordinates

13 N513529.68, E2535215.64, thence 188 degrees 31

14 minutes 59 seconds, a distance of 178.32 feet, thence

15 196 degrees 47 minutes 17 seconds, a distance of

16 574.80 feet, thence 270 degrees 58 minutes 25 seconds,

17 a distance of 465.50 feet, thence 178 degrees 56 min18 utes 17 seconds, a distance of 130.05 feet, thence 87

19 degrees 17 minutes 05 seconds, a distance of 510.22

20 feet, thence 104 degrees 58 minutes 31 seconds, a dis21 tance of 178.33 feet, thence 115 degrees 47 minutes 55

22 seconds, a distance of 244.15 feet, thence 25 degrees 12

23 minutes 08 seconds, a distance of 310.00 feet, thence

24 294 degrees 46 minutes 50 seconds, a distance of

25 390.20 feet, thence 16 degrees 56 minutes 16 seconds,
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1 a distance of 570.90 feet, thence 266 degrees 01 min2 utes 25 seconds, a distance of 190.78 feet to Channel

3 Pt. No. 36, point of beginning.

4 SEC. 502. PROJECT REAUTHORIZATIONS.

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

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

7 Region and Bayou Meto Basin, Arkansas, authorized by

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

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

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

11 579a(b)(1)), is authorized to be carried out by the Sec12 retary; except that the scope of the project includes ground

13 water protection and conservation, agricultural water sup14 ply, and waterfowl management.

15 (b) WHITE RIVER, ARKANSAS.—The project for navi16 gation, White River Navigation to Batesville, Arkansas, au17 thorized by section 601(a) of the Water Resources Develop18 ment Act of 1986 (100 Stat. 4139) and deauthorized by sec19 tion 52(b) of the Water Resources Development Act of 1988

20 (102 Stat. 4045), is authorized to be carried out by the Sec21 retary.

22 (c) DES PLAINES RIVER, ILLINOIS.—The project for

23 wetlands research, Des Plaines River, Illinois, authorized

24 by section 45 of the Water Resources Development Act of

25 1988 (102 Stat. 4041) and deauthorized pursuant to section
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•S 640 EAH

1 1001 of the Water Resources Development Act of 1986 (33

2 U.S.C. 579a(b)), is authorized to be carried out by the Sec3 retary.

4 (d) ALPENA HARBOR, MICHIGAN.—The project for

5 navigation, Alpena Harbor, Michigan, authorized by sec6 tion 301 of the River and Harbor Act of 1965 (79 Stat.

7 1090) and deauthorized pursuant to section 1001 of the

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

9 579a(b)), is authorized to be carried out by the Secretary.

10 (e) ONTONAGON HARBOR, ONTONAGON COUNTY, MICHI11 GAN.—The project for navigation, Ontonagon Harbor,

12 Ontonagon County, Michigan, authorized by section 101 of

13 the River and Harbor Act of 1962 (76 Stat. 1176) and de14 authorized pursuant to section 1001 of the Water Resources

15 Development Act of 1986 (33 U.S.C. 579a(b)), is authorized

16 to be carried out by the Secretary.

17 (f) KNIFE RIVER HARBOR, MINNESOTA.—The project

18 for navigation, Knife River Harbor, Minnesota, authorized

19 by section 100 of the Water Resources Development Act of

20 1974 (88 Stat. 41) and deauthorized pursuant to section

21 1001 of the Water Resources Development Act of 1986 (33

22 U.S.C. 579a(b)), is authorized to be carried out by the Sec23 retary.

24 (g) CLIFFWOOD BEACH, NEW JERSEY.—The project

25 for hurricane-flood protection and beach erosion control on
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•S 640 EAH

1 Raritan Bay and Sandy Hook Bay, New Jersey, authorized

2 by section 203 of the Flood Control Act of 1962 (76 Stat.

3 118) and deauthorized pursuant to section 1001 of the

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

5 579a(b)), is authorized to be carried out by the Secretary.

6 SEC. 503. CONTINUATION OF AUTHORIZATION OF CERTAIN

7 PROJECTS.

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

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

10 579a), the following projects shall remain authorized to be

11 carried out by the Secretary:

12 (1) CEDAR RIVER HARBOR, MICHIGAN.—The

13 project for navigation, Cedar River Harbor, Michi14 gan, authorized by section 301 of the River and Har15 bor Act of 1965 (79 Stat. 1090).

16 (2) CROSS VILLAGE HARBOR, MICHIGAN.—The

17 project for navigation, Cross Village Harbor, Michi18 gan, authorized by section 101 of the River and Har19 bor Act of 1966 (80 Stat. 1405).

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

21 shall not be authorized for construction after the last day

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

23 of this Act unless, during such period, funds have been obli24 gated for the construction (including planning and design)

25 of the project.
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•S 640 EAH

1 SEC. 504. LAND CONVEYANCES.

2 (a) OAKLAND INNER HARBOR TIDAL CANAL PROP3 ERTY, CALIFORNIA.—Section 205 of the Water Resources

4 Development Act of 1990 (104 Stat. 4633) is amended—

5 (1) by inserting after paragraph (2) the follow6 ing new paragraph:

7 ‘‘(3) To adjacent land owners, the United States

8 title to all or portions of that part of the Oakland

9 Inner Harbor Tidal Canal which are located within

10 the boundaries of the city in which such land rests.

11 Such conveyance shall be at fair market value.’’;

12 (2) by inserting after ‘‘right-of-way’’ the follow13 ing: ‘‘or other rights deemed necessary by the Sec14 retary’’; and

15 (3) by adding at the end the following: ‘‘The con16 veyances and processes involved will be at no cost to

17 the United States.’’.

18 (b) MARIEMONT, OHIO.—

19 (1) IN GENERAL.—The Secretary shall convey to

20 the village of Mariemont, Ohio, for a sum of $85,000

21 all right, title, and interest of the United States in

22 and to a parcel of land (including improvements

23 thereto) under the jurisdiction of the Corps of Engi24 neers and known as the ‘‘Ohio River Division Lab25 oratory’’, as such parcel is described in paragraph

26 (4).
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1 (2) TERMS AND CONDITIONS.—The conveyance

2 under paragraph (1) shall be subject to such terms

3 and conditions as the Secretary considers necessary

4 and appropriate to protect the interests of the United

5 States.

6 (3) PROCEEDS.—All proceeds from the convey7 ance under paragraph (1) shall be deposited in the

8 general fund of the Treasury of the United States and

9 credited as miscellaneous receipts.

10 (4) PROPERTY DESCRIPTION.—The parcel of

11 land referred to in paragraph (1) is the parcel situ12 ated in the State of Ohio, County of Hamilton, Town13 ship 4, Fractional Range 2, Miami Purchase, Colum14 bia Township, Section 15, being parts of Lots 5 and

15 6 of the subdivision of the dower tract of the estate

16 of Joseph Ferris as recorded in Plat Book 4, Page

17 112, of the Plat Records of Hamilton County, Ohio,

18 Recorder’s Office, and more particularly described as

19 follows:

20 Beginning at an iron pin set to mark the

21 intersection of the easterly line of Lot 5 of said

22 subdivision of said dower tract with the north23 erly line of the right-of-way of the Norfolk and

24 Western Railway Company as shown in Plat

25 Book 27, Page 182, Hamilton County, Ohio,
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1 Surveyor’s Office, thence with said northerly

2 right-of-way line;

3 South 70 degrees 10 minutes 13 seconds

4 west 258.52 feet to a point; thence leaving the

5 northerly right-of-way of the Norfolk and West6 ern Railway Company;

7 North 18 degrees 22 minutes 02 seconds

8 west 302.31 feet to a point in the south line of

9 Mariemont Avenue; thence along said south line;

10 North 72 degrees 34 minutes 35 seconds east

11 167.50 feet to a point; thence leaving the south

12 line of Mariemont Avenue;

13 North 17 degrees 25 minutes 25 seconds

14 west 49.00 feet to a point; thence

15 North 72 degrees 34 minutes 35 seconds east

16 100.00 feet to a point; thence

17 South 17 degrees 25 minutes 25 seconds east

18 49.00 feet to a point; thence

19 North 72 degrees 34 minutes 35 seconds east

20 238.90 feet to a point; thence

21 South 00 degrees 52 minutes 07 seconds east

22 297.02 feet to a point in the northerly line of the

23 Norfolk and Western Railway Company; thence

24 with said northerly right-of-way;
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1 South 70 degrees 10 minutes 13 seconds

2 west 159.63 feet to a point of beginning, contain3 ing 3.22 acres, more or less.

4 (c) EUFAULA LAKE, OKLAHOMA.—

5 (1) IN GENERAL.—The Secretary shall convey to

6 the city of Eufaula, Oklahoma, all right, title, and in7 terest of the United States in and to a parcel of land

8 consisting of approximately 12.5 acres located at the

9 Eufaula Lake project.

10 (2) CONSIDERATION.—Consideration for the con11 veyance under paragraph (1) shall be the fair market

12 value of the parcel (as determined by the Secretary)

13 and payment of all costs of the United States in mak14 ing the conveyance, including the costs of—

15 (A) the survey required under paragraph

16 (4);

17 (B) any other necessary survey or survey

18 monumentation;

19 (C) compliance with the National Environ20 mental Policy Act of 1969 (42 U.S.C. 4321 et

21 seq.); and

22 (D) any coordination necessary with respect

23 to requirements relating to endangered species,

24 cultural resources, and clean air (including the
192

•S 640 EAH

1 costs of agency consultation and public hear2 ings).

3 (3) LAND SURVEYS.—The exact acreage and de4 scription of the parcel to be conveyed under para5 graph (1) shall be determined by such surveys as the

6 Secretary considers necessary, which shall be carried

7 out to the satisfaction of the Secretary.

8 (4) ENVIRONMENTAL BASELINE SURVEY.—Prior

9 to making the conveyance under paragraph (1), the

10 Secretary shall conduct an environmental baseline

11 survey to determine the levels of any contamination

12 (as of the date of the survey) for which the United

13 States would be responsible under the Comprehensive

14 Environmental Response, Compensation, and Liabil15 ity Act of 1980 (42 U.S.C. 9601 et seq.) and any

16 other applicable law.

17 (5) CONDITIONS CONCERNING RIGHTS AND EASE18 MENT.—The conveyance under paragraph (1) shall be

19 subject to existing rights and to retention by the Unit20 ed States of a flowage easement over all portions of

21 the parcel that lie at or below the flowage easement

22 contour for the Eufaula Lake project.

23 (6) OTHER TERMS AND CONDITIONS.—The con24 veyance under paragraph (1) shall be subject to such

25 other terms and conditions as the Secretary considers
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•S 640 EAH

1 necessary and appropriate to protect the interests of

2 the United States.

3 (d) BOARDMAN, OREGON.—

4 (1) IN GENERAL.—The Secretary shall convey to

5 the city of Boardman, Oregon, all right, title, and in6 terest of the United States in and to a parcel of land

7 consisting of approximately 141 acres acquired as

8 part of the John Day Lock and Dam project in the

9 vicinity of such city currently under lease to the

10 Boardman Park and Recreation District.

11 (2) CONSIDERATION.—

12 (A) PARK AND RECREATION PROPERTIES.—

13 Properties to be conveyed under this subsection

14 that will be retained in public ownership and

15 used for public park and recreation purposes

16 shall be conveyed without consideration. If any

17 such property is no longer used for public park

18 and recreation purposes, then title to such prop19 erty shall revert to the Secretary.

20 (B) OTHER PROPERTIES.—Properties to be

21 conveyed under this subsection and not described

22 in subparagraph (A) shall be conveyed at fair

23 market value.

24 (3) CONDITIONS CONCERNING RIGHTS AND EASE25 MENT.—The conveyance of properties under this sub-
194

•S 640 EAH

1 section shall be subject to existing first rights of re2 fusal regarding acquisition of such properties and to

3 retention of a flowage easement over portions of the

4 properties that the Secretary determines to be nec5 essary for operation of the project.

6 (4) OTHER TERMS AND CONDITIONS.—The con7 veyance of properties under this subsection shall be

8 subject to such other terms and conditions as the Sec9 retary considers necessary and appropriate to protect

10 the interests of the United States.

11 (e) TRI-CITIES AREA, WASHINGTON.—

12 (1) GENERAL AUTHORITY.—As soon as prac13 ticable after the date of the enactment of this Act, the

14 Secretary shall make the conveyances to the local gov15 ernments referred to in paragraph (2) of all right,

16 title, and interest of the United States in and to the

17 property described in paragraph (2).

18 (2) PROPERTY DESCRIPTIONS.—

19 (A) BENTON COUNTY.—The property to be

20 conveyed pursuant to paragraph (1) to Benton

21 County, Washington, is the property in such

22 county which is designated ‘‘Area D’’ on Exhibit

23 A to Army Lease No. DACW–68–1–81–43.
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1 (B) FRANKLIN COUNTY, WASHINGTON.—The

2 property to be conveyed pursuant to paragraph

3 (1) to Franklin County, Washington, is—

4 (i) the 105.01 acres of property leased

5 pursuant to Army Lease No. DACW–68–1–

6 77–20 as executed by Franklin County,

7 Washington, on April 7, 1977;

8 (ii) the 35 acres of property leased

9 pursuant to Supplemental Agreement No. 1

10 to Army Lease No. DACW–68–1–77–20;

11 (iii) the 20 acres of property commonly

12 known as ‘‘Richland Bend’’ which is des13 ignated by the shaded portion of Lot 1, Sec14 tion 11, and the shaded portion of Lot 1,

15 Section 12, Township 9 North, Range 28

16 East, W.M. on Exhibit D to Supplemental

17 Agreement No. 2 to Army Lease No.

18 DACW–68–1–77–20;

19 (iv) the 7.05 acres of property com20 monly known as ‘‘Taylor Flat’’ which is

21 designated by the shaded portion of Lot 1,

22 Section 13, Township 11 North, Range 28

23 East, W.M. on Exhibit D to Supplemental

24 Agreement No. 2 to Army Lease No.

25 DACW–68–1–77–20;
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1 (v) the 14.69 acres of property com2 monly known as ‘‘Byers Landing’’ which is

3 designated by the shaded portion of Lots 2

4 and 3, Section 2, Township 10 North,

5 Range 28 East, W.M. on Exhibit D to Sup6 plemental Agreement No. 2 to Army Lease

7 No. DACW–68–1–77–20; and

8 (vi) all levees within Franklin County,

9 Washington, as of the date of the enactment

10 of this Act, and the property upon which

11 the levees are situated.

12 (C) CITY OF KENNEWICK, WASHINGTON.—

13 The property to be conveyed pursuant to para14 graph (1) to the city of Kennewick, Washington,

15 is the property within the city which is subject

16 to the Municipal Sublease Agreement entered

17 into on April 6, 1989, between Benton County,

18 Washington, and the cities of Kennewick and

19 Richland, Washington.

20 (D) CITY OF RICHLAND, WASHINGTON.—The

21 property to be conveyed pursuant to paragraph

22 (1), to the city of Richland, Washington, is the

23 property within the city which is subject to the

24 Municipal Sublease Agreement entered into on

25 April 6, 1989, between Benton County, Washing-
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•S 640 EAH

1 ton, and the Cities of Kennewick and Richland,

2 Washington.

3 (E) CITY OF PASCO, WASHINGTON.—The

4 property to be conveyed pursuant to paragraph

5 (1), to the city of Pasco, Washington, is—

6 (i) the property within the city of

7 Pasco, Washington, which is leased pursu8 ant to Army Lease No. DACW–68–1–77–10;

9 and

10 (ii) all levees within such city, as of

11 the date of the enactment of this Act, and

12 the property upon which the levees are situ13 ated.

14 (F) PORT OF PASCO, WASHINGTON.—The

15 property to be conveyed pursuant to paragraph

16 (1) to the Port of Pasco, Washington, is—

17 (i) the property owned by the United

18 States which is south of the Burlington

19 Northern Railroad tracks in Lots 1 and 2,

20 Section 20, Township 9 North, Range 31

21 East, W.M.; and

22 (ii) the property owned by the United

23 States which is south of the Burlington

24 Northern Railroad tracks in Lots 1, 2, 3,
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1 and 4, in each of Sections 21, 22, and 23,

2 Township 9 North, Range 31 East, W.M.

3 (G) ADDITIONAL PROPERTIES.—In addition

4 to properties described in subparagraphs (A)

5 through (F), the Secretary may convey to a local

6 government referred to in subparagraphs (A)

7 through (F) such properties under the jurisdic8 tion of the Secretary in the Tri-Cities area as the

9 Secretary and the local government agree are ap10 propriate for conveyance.

11 (3) TERMS AND CONDITIONS.—

12 (A) IN GENERAL.—The conveyances under

13 paragraph (1) shall be subject to such terms and

14 conditions as the Secretary considers necessary

15 and appropriate to protect the interests of the

16 United States.

17 (B) SPECIAL RULES FOR FRANKLIN COUN18 TY.—The property described in paragraph

19 (2)(B)(vi) shall be conveyed only after Franklin

20 County, Washington, has entered into a written

21 agreement with the Secretary which provides

22 that the United States shall continue to operate

23 and maintain the flood control drainage areas

24 and pump stations on the property conveyed and

25 that the United States shall be provided all ease-
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1 ments and rights necessary to carry out that

2 agreement.

3 (C) SPECIAL RULE FOR CITY OF PASCO.—

4 The property described in paragraph (2)(E)(ii)

5 shall be conveyed only after the city of Pasco,

6 Washington, has entered into a written agree7 ment with the Secretary which provides that the

8 United States shall continue to operate and

9 maintain the flood control drainage areas and

10 pump stations on the property conveyed and

11 that the United States shall be provided all ease12 ments and rights necessary to carry out that

13 agreement.

14 (D) CONSIDERATION.—

15 (i) PARK AND RECREATION PROP16 ERTIES.—Properties to be conveyed under

17 this subsection that will be retained in pub18 lic ownership and used for public park and

19 recreation purposes shall be conveyed with20 out consideration. If any such property is

21 no longer used for public park and recre22 ation purposes, then title to such property

23 shall revert to the Secretary.

24 (ii) OTHER PROPERTIES.—Properties

25 to be conveyed under this subsection and not
200

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1 described in clause (i) shall be conveyed at

2 fair market value.

3 (4) LAKE WALLULA LEVEES.—

4 (A) DETERMINATION OF MINIMUM SAFE

5 HEIGHT.—

6 (i) CONTRACT.—Within 30 days after

7 the date of the enactment of this Act, the

8 Secretary shall contract with a private en9 tity agreed to under clause (ii) to deter10 mine, within 6 months after such date of

11 enactment, the minimum safe height for the

12 levees of the project for flood control, Lake

13 Wallula, Washington. The Secretary shall

14 have final approval of the minimum safe

15 height.

16 (ii) AGREEMENT OF LOCAL OFFI17 CIALS.—A contract shall be entered into

18 under clause (i) only with a private entity

19 agreed to by the Secretary, appropriate rep20 resentatives of Franklin County, Washing21 ton, and appropriate representatives of the

22 city of Pasco, Washington.

23 (B) AUTHORITY.—A local government may

24 reduce, at its cost, the height of any levee of the

25 project for flood control, Lake Wallula, Washing-
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•S 640 EAH

1 ton, within the boundaries of such local govern2 ment to a height not lower than the minimum

3 safe height determined pursuant to subparagraph

4 (A).

5 (f) APPLICABILITY OF OTHER LAWS.—Any contract

6 for sale, deed, or other transfer of real property under this

7 section shall be carried out in compliance with all applica8 ble provisions of section 120(h) of the Comprehensive Envi9 ronmental Response, Compensation, and Liability Act and

10 other environmental laws.

11 SEC. 505. NAMINGS.

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

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

14 Springs Dam, California, authorized by section 203

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

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

17 Center’’.

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

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

20 record of the United States to the visitors center re21 ferred to in paragraph (1) shall be deemed to be a ref22 erence to the ‘‘Milt Brandt Visitors Center’’.

23 (b) CARR CREEK LAKE, KENTUCKY.—

24 (1) DESIGNATION.—Carr Fork Lake in Knott

25 County, Kentucky, authorized by section 203 of the
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•S 640 EAH

1 Flood Control Act of 1962 (76 Stat. 1188), shall be

2 known and designated as the ‘‘Carr Creek Lake’’.

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

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

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

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

7 ‘‘Carr Creek Lake’’.

8 (c) WILLIAM H. NATCHER BRIDGE, MACEO, KEN9 TUCKY, AND ROCKPORT, INDIANA.—

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

11 Route 231 which crosses the Ohio River between

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

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

14 Bridge’’.

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

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

17 record of the United States to the bridge referred to

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

19 the ‘‘William H. Natcher Bridge’’.

20 (d) JOHN T. MYERS LOCK AND DAM, INDIANA AND

21 KENTUCKY.—

22 (1) DESIGNATION.—Uniontown Lock and Dam,

23 on the Ohio River, Indiana and Kentucky, shall be

24 known and designated as the ‘‘John T. Myers Lock

25 and Dam’’.
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•S 640 EAH

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

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

3 record of the United States to the lock and dam re4 ferred to in paragraph (1) shall be deemed to be a ref5 erence to the ‘‘John T. Myers Lock and Dam’’.

6 (e) J. EDWARD ROUSH LAKE, INDIANA.—

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

8 River in Huntington and Wells Counties, Indiana,

9 authorized by section 203 of the Flood Control Act of

10 1958 (72 Stat. 312), and known as Huntington Lake,

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

12 Roush Lake’’.

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

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

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

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

17 ‘‘J. Edward Roush Lake’’.

18 (f) RUSSELL B. LONG LOCK AND DAM, RED RIVER

19 WATERWAY, LOUISIANA.—

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

21 River Waterway, Louisiana, shall be known and des22 ignated as the ‘‘Russell B. Long Lock and Dam’’.

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

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

25 record of the United States to the lock and dam re-
204

•S 640 EAH

1 ferred to in paragraph (1) shall be deemed to be a ref2 erence to the ‘‘Russell B. Long Lock and Dam’’.

3 (g) WILLIAM L. JESS DAM AND INTAKE STRUCTURE,

4 OREGON.—

5 (1) DESIGNATION.—The dam located at mile

6 153.6 on the Rogue River in Jackson County, Oregon,

7 and commonly known as the Lost Creek Dam Lake

8 Project, shall be known and designated as the ‘‘Wil9 liam L. Jess Dam and Intake Structure’’.

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

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

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

13 section 1 shall be deemed to be a reference to the ‘‘Wil14 liam L. Jess Dam and Intake Structure’’.

15 (h) ABERDEEN LOCK AND DAM, TENNESSEE16 TOMBIGBEE WATERWAY.—

17 (1) DESIGNATION.—The lock and dam at Mile

18 358 of the Tennessee-Tombigbee Waterway is des19 ignated as the ‘‘Aberdeen Lock and Dam’’.

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

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

22 record of the United States to the lock and dam re23 ferred to in paragraph (1) is deemed to be a reference

24 to the ‘‘Aberdeen Lock and Dam’’.
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•S 640 EAH

1 (i) AMORY LOCK, TENNESSEE-TOMBIGBEE WATER2 WAY.—

3 (1) DESIGNATION.—Lock A at Mile 371 of the

4 Tennessee-Tombigbee Waterway is designated as the

5 ‘‘Amory Lock’’.

6 (2) LEGAL REFERENCE.—Any reference in a

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

8 record of the United States to the lock referred to in

9 paragraph (1) is deemed to be a reference to the

10 ‘‘Amory Lock’’.

11 (j) FULTON LOCK, TENNESSEE-TOMBIGBEE WATER12 WAY.—

13 (1) DESIGNATION.—Lock C at Mile 391 of the

14 Tennessee-Tombigbee Waterway is designated as the

15 ‘‘Fulton Lock’’.

16 (2) LEGAL REFERENCE.—Any reference in a

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

18 record of the United States to the lock referred to in

19 paragraph (1) is deemed to be a reference to the ‘‘Ful20 ton Lock’’.

21 (k) HOWELL HEFLIN LOCK AND DAM, TENNESSEE22 TOMBIGBEE WATERWAY.—

23 (1) REDESIGNATION.—The lock and dam at Mile

24 266 of the Tennessee-Tombigbee Waterway, known as
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1 the Gainesville Lock and Dam, is redesignated as the

2 ‘‘Howell Heflin Lock and Dam’’.

3 (2) LEGAL REFERENCE.—Any reference in a

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

5 record of the United States to the lock and dam re6 ferred to in paragraph (1) is deemed to be a reference

7 to the ‘‘Howell Heflin Lock and Dam’’.

8 (l) G.V. ‘‘SONNY’’ MONTGOMERY LOCK, TENNESSEE9 TOMBIGBEE WATERWAY.—

10 (1) DESIGNATION.—Lock E at Mile 407 of the

11 Tennessee-Tombigbee Waterway is designated as the

12 ‘‘G.V. ‘Sonny’ Montgomery Lock’’.

13 (2) LEGAL REFERENCE.—Any reference in a

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

15 record of the United States to the lock referred to in

16 paragraph (1) is deemed to be a reference to the ‘‘G.V.

17 ‘Sonny’ Montgomery Lock’’.

18 (m) JOHN RANKIN LOCK, TENNESSEE-TOMBIGBEE

19 WATERWAY.—

20 (1) DESIGNATION.—Lock D at Mile 398 of the

21 Tennessee-Tombigbee Waterway is designated as the

22 ‘‘John Rankin Lock’’.

23 (2) LEGAL REFERENCE.—Any reference in a

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

25 record of the United States to the lock referred to in
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•S 640 EAH

1 paragraph (1) is deemed to be a reference to the

2 ‘‘John Rankin Lock’’.

3 (n) JOHN C. STENNIS LOCK AND DAM, TENNESSEE4 TOMBIGBEE WATERWAY.—

5 (1) REDESIGNATION.—The lock and dam at Mile

6 335 of the Tennessee-Tombigbee Waterway, known as

7 the Columbus Lock and Dam, is redesignated as the

8 ‘‘John C. Stennis Lock and Dam’’.

9 (2) LEGAL REFERENCE.—Any reference in a

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

11 record of the United States to the lock and dam re12 ferred to in paragraph (1) is deemed to be a reference

13 to the ‘‘John C. Stennis Lock and Dam’’.

14 (o) JAMIE WHITTEN LOCK AND DAM, TENNESSEE15 TOMBIGBEE WATERWAY.—

16 (1) REDESIGNATION.—The lock and dam at Mile

17 412 of the Tennessee-Tombigbee Waterway, known as

18 the Bay Springs Lock and Dam, is redesignated as

19 the ‘‘Jamie Whitten Lock and Dam’’.

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

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

22 record of the United States to the lock and dam re23 ferred to in paragraph (1) is deemed to be a reference

24 to the ‘‘Jamie Whitten Lock and Dam’’.
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1 (p) GLOVER WILKINS LOCK, TENNESSEE-TOMBIGBEE

2 WATERWAY.—

3 (1) DESIGNATION.—Lock B at Mile 376 of the

4 Tennessee-Tombigbee Waterway is designated as the

5 ‘‘Glover Wilkins Lock’’.

6 (2) LEGAL REFERENCE.—Any reference in a

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

8 record to the lock referred to in paragraph (1) is

9 deemed to be a reference to the ‘‘Glover Wilkins Lock’’.

10 SEC. 506. WATERSHED MANAGEMENT, RESTORATION, AND

11 DEVELOPMENT.

12 (a) IN GENERAL.—The Secretary is authorized to pro13 vide technical, planning, and design assistance to non-Fed14 eral interests for carrying out watershed management, res15 toration, and development projects at the locations described

16 in subsection (d).

17 (b) SPECIFIC MEASURES.—Assistance provided pursu18 ant to subsection (a) may be in support of non-Federal

19 projects for the following purposes:

20 (1) Management and restoration of water qual21 ity.

22 (2) Control and remediation of toxic sediments.

23 (3) Restoration of degraded streams, rivers, wet24 lands, and other waterbodies to their natural condi-
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•S 640 EAH

1 tion as a means to control flooding, excessive erosion,

2 and sedimentation.

3 (4) Protection and restoration of watersheds, in4 cluding urban watersheds.

5 (5) Demonstration of technologies for non6 structural measures to reduce destructive impact of

7 flooding.

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

9 the cost of assistance provided under this section shall be

10 50 percent.

11 (d) PROJECT LOCATIONS.—The Secretary may provide

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

13 locations:

14 (1) Gila River and Tributaries, Santa Cruz

15 River, Arizona.

16 (2) Rio Salado, Salt River, Phoenix and Tempe,

17 Arizona.

18 (3) Colusa basin, California.

19 (4) Los Angeles River watershed, California.

20 (5) Russian River watershed, California.

21 (6) Sacramento River watershed, California.

22 (7) San Pablo Bay watershed, California.

23 (8) Nancy Creek, Utoy Creek, and North Peach24 tree Creek and South Peachtree Creek basin, Georgia.

25 (9) Lower Platte River watershed, Nebraska.
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1 (10) Juniata River watershed, Pennsylvania, in2 cluding Raystown Lake.

3 (11) Upper Potomac River watershed, Grant and

4 Mineral Counties, West Virginia.

5 (e) AUTHORIZATION OF APPROPRIATIONS.—There is

6 authorized to be appropriated to carry out this section

7 $25,000,000 for fiscal years beginning after September 30,

8 1996.

9 SEC. 507. LAKES PROGRAM.

10 Section 602(a) of the Water Resources Development

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

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

13 (10);

14 (2) by striking the period at the end of para15 graph (11) and inserting a semicolon; and

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

17 ‘‘(12) Goodyear Lake, Otsego County, New York,

18 removal of silt and aquatic growth;

19 ‘‘(13) Otsego Lake, Otsego County, New York, re20 moval of silt and aquatic growth and measures to ad21 dress high nutrient concentration;

22 ‘‘(14) Oneida Lake, Oneida County, New York,

23 removal of silt and aquatic growth;
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•S 640 EAH

1 ‘‘(15) Skaneateles and Owasco Lakes, New York,

2 removal of silt and aquatic growth and prevention of

3 sediment deposit; and

4 ‘‘(16) Twin Lakes, Paris, Illinois, removal of silt

5 and excess aquatic vegetation, including measures to

6 address excessive sedimentation, high nutrient con7 centration, and shoreline erosion.’’.

8 SEC. 508. MAINTENANCE OF NAVIGATION CHANNELS.

9 (a) IN GENERAL.—Upon request of the non-Federal in10 terest, the Secretary shall be responsible for maintenance

11 of the following navigation channels constructed or im12 proved by non-Federal interests if the Secretary determines

13 that such maintenance is economically justified and envi14 ronmentally acceptable and that the channel was con15 structed in accordance with applicable permits and appro16 priate engineering and design standards:

17 (1) Humboldt Harbor and Bay, Fields Landing

18 Channel, California.

19 (2) Mare Island Strait, California; except that,

20 for purposes of this section, the navigation channel

21 shall be deemed to have been constructed or improved

22 by non-Federal interests.

23 (3) Mississippi River Ship Channel, Chalmette

24 Slip, Louisiana.
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1 (4) Greenville Inner Harbor Channel, Mis2 sissippi.

3 (5) Providence Harbor Shipping Channel, Rhode

4 Island.

5 (6) Matagorda Ship Channel, Point Comfort

6 Turning Basin, Texas.

7 (7) Corpus Christi Ship Channel, Rincon Canal

8 System, Texas.

9 (8) Brazos Island Harbor, Texas, connecting

10 channel to Mexico.

11 (9) Blair Waterway, Tacoma Harbor, Washing12 ton.

13 (b) COMPLETION OF ASSESSMENT.—Within 6 months

14 of receipt of a request from the non-Federal interest for Fed15 eral assumption of maintenance of a channel listed in sub16 section (a), the Secretary shall make a determination as

17 provided in subsection (a) and advise the non-Federal inter18 est of the Secretary’s determination.

19 SEC. 509. GREAT LAKES REMEDIAL ACTION PLANS AND

20 SEDIMENT REMEDIATION.

21 Section 401 of the Water Resources Development Act

22 of 1990 (104 Stat. 4644) is amended to read as follows:

23 ‘‘SEC. 401. GREAT LAKES REMEDIAL ACTION PLANS AND

24 SEDIMENT REMEDIATION.

25 ‘‘(a) GREAT LAKES REMEDIAL ACTION PLANS.—
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1 ‘‘(1) IN GENERAL.—The Secretary is authorized

2 to provide technical, planning, and engineering as3 sistance to State and local governments and non4 governmental entities designated by the State or local

5 government in the development and implementation

6 of remedial action plans for areas of concern in the

7 Great Lakes identified under the Great Lakes Water

8 Quality Agreement of 1978.

9 ‘‘(2) NON-FEDERAL SHARE.—Non-Federal inter10 ests shall contribute, in cash or by providing in-kind

11 contributions, 50 percent of costs of activities for

12 which assistance is provided under paragraph (1).

13 ‘‘(b) SEDIMENT REMEDIATION DEMONSTRATION

14 PROJECTS.—

15 ‘‘(1) IN GENERAL.—The Secretary, in consulta16 tion with the Administrator of the Environmental

17 Protection Agency (acting through the Great Lakes

18 National Program Office), may conduct pilot- and

19 full-scale demonstration projects of promising tech20 niques to remediate contaminated sediments in fresh21 water coastal regions in the Great Lakes basin. The

22 Secretary must conduct no fewer than 3 full-scale

23 demonstration projects under this subsection.

24 ‘‘(2) SITE SELECTION FOR DEMONSTRATION

25 PROJECTS.—In selecting the sites for the technology
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•S 640 EAH

1 demonstration projects, the Secretary shall give prior2 ity consideration to Saginaw Bay, Michigan, Sheboy3 gan Harbor, Wisconsin, Grand Calumet River, Indi4 ana, Ashtabula River, Ohio, Buffalo River, New York,

5 and Duluth/Superior Harbor, Minnesota.

6 ‘‘(3) DEADLINE FOR IDENTIFICATIONS.—Within

7 18 months after the date of the enactment of this sub8 section, the Secretary shall identify the sites and tech9 nologies to be demonstrated and complete each such

10 full-scale demonstration project within 3 years after

11 such date of enactment.

12 ‘‘(4) NON-FEDERAL SHARE.—Non-Federal inter13 ests shall contribute 50 percent of costs of projects

14 under this subsection. Such costs may be paid in cash

15 or by providing in-kind contributions.

16 ‘‘(5) AUTHORIZATIONS.—There is authorized to

17 be appropriated to the Secretary to carry out this sec18 tion $5,000,000 for each of fiscal years 1997 through

19 2000.’’.

20 SEC. 510. GREAT LAKES DREDGED MATERIAL TESTING AND

21 EVALUATION MANUAL.

22 The Secretary, in cooperation with the Administrator

23 of the Environmental Protection Agency, shall provide tech24 nical assistance to non-Federal interests on testing proce25 dures contained in the Great Lakes Dredged Material Test-
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•S 640 EAH

1 ing and Evaluation Manual developed pursuant to section

2 230.2(c) of title 40, Code of Federal Regulations.

3 SEC. 511. GREAT LAKES SEDIMENT REDUCTION.

4 (a) GREAT LAKES TRIBUTARY SEDIMENT TRANSPORT

5 MODEL.—For each major river system or set of major river

6 systems depositing sediment into a Great Lakes federally

7 authorized commercial harbor, channel maintenance project

8 site, or Area of Concern identified under the Great Lakes

9 Water Quality Agreement of 1978, the Secretary, in con10 sultation and coordination with the Great Lakes States,

11 shall develop a tributary sediment transport model.

12 (b) REQUIREMENTS FOR MODELS.—In developing a

13 tributary sediment transport model under this section, the

14 Secretary shall—

15 (1) build upon data and monitoring information

16 generated in earlier studies and programs of the

17 Great Lakes and their tributaries; and

18 (2) complete models for 30 major river systems,

19 either individually or in combination as part of a set,

20 within the 5-year period beginning on the date of the

21 enactment of this Act.

22 SEC. 512. GREAT LAKES CONFINED DISPOSAL FACILITIES.

23 (a) ASSESSMENT.—The Secretary shall conduct an as24 sessment of the general conditions of confined disposal fa25 cilities in the Great Lakes.
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1 (b) REPORT.—Not later than 3 years after the date

2 of the enactment of this Act, the Secretary shall transmit

3 to Congress a report on the results of the assessment con4 ducted under subsection (a), including the following:

5 (1) A description of the cumulative effects of con6 fined disposal facilities in the Great Lakes.

7 (2) Recommendations for specific remediation

8 actions for each confined disposal facility in the

9 Great Lakes.

10 (3) An evaluation of, and recommendations for,

11 confined disposal facility management practices and

12 technologies to conserve capacity at such facilities and

13 to minimize adverse environmental effects at such fa14 cilities throughout the Great Lakes system.

15 SEC. 513. CHESAPEAKE BAY RESTORATION AND PROTEC16 TION PROGRAM.

17 (a) ESTABLISHMENT.—The Secretary shall establish a

18 pilot program to provide to non-Federal interests in the

19 Chesapeake Bay watershed technical, planning, design, and

20 construction assistance for water-related environmental in21 frastructure and resource protection and development

22 projects affecting the Chesapeake Bay, including projects for

23 sediment and erosion control, protection of eroding shore24 lines, protection of essential public works, wastewater treat25 ment and related facilities, water supply and related facili-
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•S 640 EAH

1 ties, and beneficial uses of dredged material, and other re2 lated projects.

3 (b) PUBLIC OWNERSHIP REQUIREMENT.—The Sec4 retary may provide assistance for a project under this sec5 tion only if the project is publicly owned and will be pub6 licly operated and maintained.

7 (c) COOPERATION AGREEMENT.—

8 (1) IN GENERAL.—Before providing assistance

9 under this section, the Secretary shall enter into a

10 project cooperation agreement pursuant to section 221

11 of the Flood Control Act of 1970 (84 Stat. 1818) with

12 a non-Federal interest to provide for technical, plan13 ning, design, and construction assistance for the

14 project.

15 (2) REQUIREMENTS.—Each agreement entered

16 into pursuant to this subsection shall provide for the

17 following:

18 (A) PLAN.—Development by the Secretary,

19 in consultation with appropriate Federal, State,

20 and local officials, of a plan, including appro21 priate engineering plans and specifications and

22 an estimate of expected benefits.

23 (B) LEGAL AND INSTITUTIONAL STRUC24 TURES.—Establishment of such legal and insti25 tutional structures as are necessary to ensure the
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1 effective long-term operation and maintenance of

2 the project by the non-Federal interest.

3 (d) COST SHARING.—

4 (1) FEDERAL SHARE.—Except as provided in

5 paragraph (2)(B), the Federal share of the total

6 project costs of each local cooperation agreement en7 tered into under this section shall be 75 percent.

8 (2) NON-FEDERAL SHARE.—

9 (A) PROVISION OF LANDS, EASEMENTS,

10 RIGHTS-OF-WAY, AND RELOCATIONS.—The non11 Federal interests for a project to which this sec12 tion applies shall provide the lands, easements,

13 rights-of-way, relocations, and dredged material

14 disposal areas necessary for the project.

15 (B) VALUE OF LANDS, EASEMENTS, RIGHTS16 OF-WAY, AND RELOCATIONS.—In determining the

17 non-Federal contribution toward carrying out a

18 local cooperation agreement entered into under

19 this section, the Secretary shall provide credit to

20 a non-Federal interest for the value of lands,

21 easements, rights-of-way, relocations, and

22 dredged material disposal areas provided by the

23 non-Federal interest, except that the amount of

24 credit provided for a project under this para-
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1 graph may not exceed 25 percent of total project

2 costs.

3 (C) OPERATION AND MAINTENANCE

4 COSTS.—The non-Federal share of the costs of

5 operation and maintenance of carrying out the

6 agreement under this section shall be 100 per7 cent.

8 (e) APPLICABILITY OF OTHER FEDERAL AND STATE

9 LAWS AND AGREEMENTS.—

10 (1) IN GENERAL.—Nothing in this section

11 waives, limits, or otherwise affects the applicability of

12 any provision of Federal or State law that would oth13 erwise apply to a project carried out with assistance

14 provided under this section.

15 (2) COOPERATION.—In carrying out this section,

16 the Secretary shall cooperate with the heads of appro17 priate Federal agencies.

18 (f) REPORT.—Not later than December 31, 1998, the

19 Secretary shall transmit to Congress a report on the results

20 of the program carried out under this section, together with

21 a recommendation concerning whether or not the program

22 should be implemented on a national basis.

23 (g) AUTHORIZATION OF APPROPRIATIONS.—There are

24 authorized to be appropriated to carry out this section

25 $15,000,000.
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1 SEC. 514. EXTENSION OF JURISDICTION OF MISSISSIPPI

2 RIVER COMMISSION.

3 The jurisdiction of the Mississippi River Commission,

4 established by the first section of the Act of June 28, 1879

5 (33 U.S.C. 641; 21 Stat. 37), is extended to include—

6 (1) all of the area between the eastern side of the

7 Bayou Lafourche Ridge from Donaldsonville, Louisi8 ana, to the Gulf of Mexico and the west guide levee

9 of the Mississippi River from Donaldsonville, Louisi10 ana, to the Gulf of Mexico;

11 (2) Alexander County, Illinois; and

12 (3) the area in the State of Illinois from the con13 fluence of the Mississippi and Ohio Rivers northward

14 to the vicinity of Mississippi River mile 39.5, includ15 ing the Len Small Drainage and Levee District, inso16 far as such area is affected by the flood waters of the

17 Mississippi River.

18 SEC. 515. ALTERNATIVE TO ANNUAL PASSES.

19 (a) IN GENERAL.—The Secretary shall evaluate the

20 feasibility of implementing an alternative to the $25 an21 nual pass that the Secretary currently offers to users of

22 recreation facilities at water resources projects of the Corps

23 of Engineers.

24 (b) ANNUAL PASS.—The evaluation under subsection

25 (a) shall include the establishment of an annual pass which
221

•S 640 EAH

1 costs $10 or less for the use of recreation facilities at

2 Raystown Lake, Pennsylvania.

3 (c) REPORT.—Not later than December 31, 1998, the

4 Secretary shall transmit to Congress a report on the results

5 of the project carried out under this section, together with

6 recommendations concerning whether annual passes for in7 dividual projects should be offered on a nationwide basis.

8 SEC. 516. RECREATION PARTNERSHIP INITIATIVE.

9 (a) IN GENERAL.—The Secretary shall promote Fed10 eral, non-Federal, and private sector cooperation in creat11 ing public recreation opportunities and developing the nec12 essary supporting infrastructure at water resources projects

13 of the Corps of Engineers.

14 (b) INFRASTRUCTURE IMPROVEMENTS.—

15 (1) RECREATION INFRASTRUCTURE IMPROVE16 MENTS.—In demonstrating the feasibility of the pub17 lic-private cooperative, the Secretary shall provide, at

18 Federal expense, such infrastructure improvements as

19 are necessary to support a potential private rec20 reational development at the Raystown Lake Project,

21 Pennsylvania, generally in accordance with the Mas22 ter Plan Update (1994) for the project.

23 (2) AGREEMENT.—The Secretary shall enter into

24 an agreement with an appropriate non-Federal public

25 entity to ensure that the infrastructure improvements
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1 constructed by the Secretary on non-project lands

2 pursuant to paragraph (1) are transferred to and op3 erated and maintained by the non-Federal public en4 tity.

5 (3) AUTHORIZATION OF APPROPRIATIONS.—

6 There is authorized to be appropriated to carry out

7 this subsection $4,500,000 for fiscal years beginning

8 after September 30, 1996.

9 (c) REPORT.—Not later than December 31, 1998, the

10 Secretary shall transmit to Congress a report on the results

11 of the cooperative efforts carried out under this section, in12 cluding the improvements required by subsection (b).

13 SEC. 517. ENVIRONMENTAL INFRASTRUCTURE.

14 Section 219 of the Water Resources Development Act

15 of 1992 (106 Stat. 4836–4837) is amended by adding at

16 the end the following new subsection:

17 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There is

18 authorized to be appropriated for providing construction

19 assistance under this section—

20 ‘‘(1) $10,000,000 for the project described in sub21 section (c)(5);

22 ‘‘(2) $2,000,000 for the project described in sub23 section (c)(6);

24 ‘‘(3) $10,000,000 for the project described in sub25 section (c)(7);
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1 ‘‘(4) $11,000,000 for the project described in sub2 section (c)(8);

3 ‘‘(5) $20,000,000 for the project described in sub4 section (c)(16); and

5 ‘‘(6) $20,000,000 for the project described in sub6 section (c)(17).’’.

7 SEC. 518. CORPS CAPABILITY TO CONSERVE FISH AND

8 WILDLIFE.

9 Section 704(b) of the Water Resources Development Act

10 of 1986 (33 U.S.C. 2263(b); 100 Stat. 4157) is amended—

11 (1) by striking ‘‘$5,000,000’’; and inserting

12 ‘‘$10,000,000’’; and

13 (2) in paragraph (4) by inserting ‘‘and Vir14 ginia’’ after ‘‘Maryland’’.

15 SEC. 519. PERIODIC BEACH NOURISHMENT.

16 The Secretary shall carry out periodic beach nourish17 ment for each of the following projects for a period of 50

18 years beginning on the date of initiation of construction

19 of such project:

20 (1) BROWARD COUNTY, FLORIDA.—Project for

21 shoreline protection, segments II and III, Broward

22 County, Florida.

23 (2) FORT PIERCE, FLORIDA.—Project for shore24 line protection, Fort Pierce, Florida.
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1 (3) LEE COUNTY, FLORIDA.—Project for shoreline

2 protection, Lee County, Captiva Island segment, Flor3 ida.

4 (4) PALM BEACH COUNTY, FLORIDA.—Project for

5 shoreline protection, Jupiter/Carlin, Ocean Ridge,

6 and Boca Raton North Beach segments, Palm Beach

7 County, Florida.

8 (5) PANAMA CITY BEACHES, FLORIDA.—Project

9 for shoreline protection, Panama City Beaches, Flor10 ida.

11 (6) TYBEE ISLAND, GEORGIA.—Project for beach

12 erosion control, Tybee Island, Georgia.

13 SEC. 520. CONTROL OF AQUATIC PLANTS.

14 The Secretary shall carry out under section 104(b) of

15 the River and Harbor Act of 1958 (33 U.S.C. 610(b))—

16 (1) a program to control aquatic plants in Lake

17 St. Clair, Michigan; and

18 (2) program to control aquatic plants in the

19 Schuylkill River, Philadelphia, Pennsylvania.

20 SEC. 521. HOPPER DREDGES.

21 Section 3 of the Act of August 11, 1888 (33 U.S.C.

22 622; 25 Stat. 423), is amended by adding at the end the

23 following:

24 ‘‘(c) PROGRAM TO INCREASE USE OF PRIVATE HOP25 PER DREDGES.—
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•S 640 EAH

1 ‘‘(1) INITIATION.—The Secretary shall initiate a

2 program to increase the use of private industry hop3 per dredges for the construction and maintenance of

4 Federal navigation channels.

5 ‘‘(2) READY RESERVE STATUS FOR HOPPER

6 DREDGE WHEELER.—In order to carry out the re7 quirements of this subsection, the Secretary shall, not

8 later than the earlier of 90 days after the date of com9 pletion of the rehabilitation of the hopper dredge

10 McFarland pursuant to section 564 of the Water Re11 sources Development Act of 1996 or October 1, 1997,

12 place the Federal hopper dredge Wheeler in a ready

13 reserve status.

14 ‘‘(3) TESTING AND USE OF READY RESERVE HOP15 PER DREDGE.—The Secretary may periodically per16 form routine tests of the equipment of the vessel

17 placed in a ready reserve status under this subsection

18 to ensure the vessel’s ability to perform emergency

19 work. The Secretary shall not assign any scheduled

20 hopper dredging work to such vessel but shall perform

21 any repairs needed to maintain the vessel in a fully

22 operational condition. The Secretary may place the

23 vessel in active status in order to perform any dredg24 ing work only in the event the Secretary determines

25 that private industry has failed to submit a respon-
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•S 640 EAH

1 sive and responsible bid for work advertised by the

2 Secretary or to carry out the project as required pur3 suant to a contract with the Secretary.

4 ‘‘(4) REPAIR AND REHABILITATION.—The Sec5 retary may undertake any repair and rehabilitation

6 of any Federal hopper dredge, including the vessel

7 placed in ready reserve status under paragraph (2) to

8 allow the vessel to be placed into active status as pro9 vided in paragraph (3).

10 ‘‘(5) PROCEDURES.—The Secretary shall develop

11 and implement procedures to ensure that, to the max12 imum extent practicable, private industry hopper

13 dredge capacity is available to meet both routine and

14 time-sensitive dredging needs. Such procedures shall

15 include—

16 ‘‘(A) scheduling of contract solicitations to

17 effectively distribute dredging work throughout

18 the dredging season; and

19 ‘‘(B) use of expedited contracting procedures

20 to allow dredges performing routine work to be

21 made available to meet time-sensitive, urgent, or

22 emergency dredging needs.

23 ‘‘(6) REPORT.—Not later than 2 years after the

24 date of the enactment of this subsection, the Secretary

25 shall report to Congress on whether the vessel placed
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1 in ready reserve status pursuant to paragraph (2) is

2 needed to be returned to active status or continued in

3 a ready reserve status or whether another Federal

4 hopper dredge should be placed in a ready reserve sta5 tus.

6 ‘‘(7) LIMITATIONS.—

7 ‘‘(A) REDUCTIONS IN STATUS.—The Sec8 retary may not further reduce the readiness sta9 tus of any Federal hopper dredge below a ready

10 reserve status except any vessel placed in such

11 status for not less than 5 years which the Sec12 retary determines has not been used sufficiently

13 to justify retaining the vessel in such status.

14 ‘‘(B) INCREASE IN ASSIGNMENTS OF DREDG15 ING WORK.—For each fiscal year beginning after

16 the date of the enactment of this subsection, the

17 Secretary shall not assign any greater quantity

18 of dredging work to any Federal hopper dredge

19 in an active status than was assigned to that

20 vessel in the average of the 3 prior fiscal years.

21 ‘‘(8) CONTRACTS; PAYMENT OF CAPITAL COSTS.—

22 The Secretary may enter into a contract for the

23 maintenance and crewing of any vessel retained in a

24 ready reserve status. The capital costs (including de25 preciation costs) of any vessel retained in such status
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1 shall be paid for out of funds made available from the

2 Harbor Maintenance Trust Fund and shall not be

3 charged against the Corps of Engineers’ Revolving

4 Fund Account or any individual project cost unless

5 the vessel is specifically used in connection with that

6 project.’’.

7 SEC. 522. DESIGN AND CONSTRUCTION ASSISTANCE.

8 The Secretary shall provide design and construction

9 assistance to non-Federal interests for the following projects:

10 (1) Repair and rehabilitation of the Lower Gi11 rard Lake Dam, Girard, Ohio, at an estimated total

12 cost of $2,500,000.

13 (2) Construction of a multi-purpose dam and

14 reservoir, Bear Valley Dam, Franklin County, Penn15 sylvania, at an estimated total cost of $15,000,000.

16 (3) Repair and upgrade of the dam and appur17 tenant features at Lake Merriweather, Little

18 Calfpasture River, Virginia, at an estimated total

19 cost of $6,000,000.

20 SEC. 523. FIELD OFFICE HEADQUARTERS FACILITIES.

21 Subject to amounts being made available in advance

22 in appropriations Acts, the Secretary may use Plant Re23 placement and Improvement Program funds to design and

24 construct a new headquarters facility for—
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1 (1) the New England Division, Waltham, Massa2 chusetts; and

3 (2) the Jacksonville District, Jacksonville, Flor4 ida.

5 SEC. 524. CORPS OF ENGINEERS RESTRUCTURING PLAN.

6 (a) DIVISION OFFICE, CHICAGO, ILLINOIS.—The Sec7 retary shall continue to maintain a division office of the

8 Corps of Engineers in Chicago, Illinois, notwithstanding

9 any plan developed pursuant to title I of the Energy and

10 Water Development Appropriations Act, 1996 (109 Stat.

11 405) to reduce the number of division offices. Such division

12 office shall be responsible for the 5 district offices for which

13 the division office was responsible on June 1, 1996.

14 (b) DISTRICT OFFICE, ST. LOUIS, MISSOURI.—The

15 Secretary shall not reassign the St. Louis District of the

16 Corps of Engineers from the operational control of the

17 Lower Mississippi Valley Division.

18 SEC. 525. LAKE SUPERIOR CENTER.

19 (a) CONSTRUCTION.—The Secretary, shall assist the

20 Minnesota Lake Superior Center authority in the construc21 tion of an educational facility to be used in connection with

22 efforts to educate the public in the economic, recreational,

23 biological, aesthetic, and spiritual worth of Lake Superior

24 and other large bodies of fresh water.
230

•S 640 EAH

1 (b) PUBLIC OWNERSHIP.—Prior to providing any as2 sistance under subsection (a), the Secretary shall verify that

3 the facility to be constructed under subsection (a) will be

4 owned by the public authority established by the State of

5 Minnesota to develop, operate, and maintain the Lake Su6 perior Center.

7 (c) AUTHORIZATION OF APPROPRIATIONS.—There is

8 authorized to be appropriated for fiscal years beginning

9 after September 30, 1996, $10,000,000 for the construction

10 of the facility under subsection (a).

11 SEC. 526. JACKSON COUNTY, ALABAMA.

12 The Secretary shall provide technical, planning, and

13 design assistance to non-Federal interests for wastewater

14 treatment and related facilities, remediation of point and

15 nonpoint sources of pollution and contaminated riverbed

16 sediments, and related activities in Jackson County, Ala17 bama, including the city of Stevenson. The Federal cost of

18 such assistance may not exceed $5,000,000.

19 SEC. 527. EARTHQUAKE PREPAREDNESS CENTER OF EXPER20 TISE EXTENSION.

21 The Secretary shall establish an extension of the Earth22 quake Preparedness Center of Expertise for the central

23 United States at an existing district office of the Corps of

24 Engineers near the New Madrid fault.
231

•S 640 EAH

1 SEC. 528. QUARANTINE FACILITY.

2 Section 108(c) of the Water Resources Development Act

3 of 1992 (106 Stat. 4816) is amended by striking

4 ‘‘$1,000,000’’ and inserting ‘‘$4,000,000’’.

5 SEC. 529. BENTON AND WASHINGTON COUNTIES, ARKAN6 SAS.

7 Section 220 of the Water Resources Development Act

8 of 1992 (106 Stat. 4836–4837) is amended by adding at

9 the end the following new subsection:

10 ‘‘(c) USE OF FEDERAL FUNDS.—The Secretary may

11 make available to the non-Federal interests funds not to ex12 ceed an amount equal to the Federal share of the total

13 project cost to be used by the non-Federal interests to under14 take the work directly or by contract.’’.

15 SEC. 530. CALAVERAS COUNTY, CALIFORNIA.

16 (a) COOPERATION AGREEMENTS.—The Secretary shall

17 enter into cooperation agreements with non-Federal inter18 ests to develop and carry out, in cooperation with Federal

19 and State agencies, reclamation and protection projects for

20 the purpose of abating and mitigating surface water quality

21 degradation caused by abandoned mines in the watershed

22 of the lower Mokelume River in Calaveras County, Califor23 nia.

24 (b) CONSULTATION WITH FEDERAL ENTITIES.—Any

25 project under subsection (a) that is located on lands owned

26 by the United States shall be undertaken in consultation
232

•S 640 EAH

1 with the Federal entity with administrative jurisdiction

2 over such lands.

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

4 of the activities conducted under cooperation agreements en5 tered into under subsection (a) shall be 75 percent; except

6 that, with respect to projects located on lands owned by the

7 United States, the Federal share shall be 100 percent. The

8 non-Federal share of project costs may be provided in the

9 form of design and construction services. Non-Federal inter10 ests shall receive credit for the reasonable costs of such serv11 ices completed by such interests prior to entering an agree12 ment with the Secretary for a project.

13 (d) AUTHORIZATION OF APPROPRIATIONS.—There is

14 authorized to be appropriated to carry out this section

15 $5,000,000 for projects undertaken under this section.

16 SEC. 531. FARMINGTON DAM, CALIFORNIA.

17 (a) CONJUNCTIVE USE STUDY.—The Secretary is di18 rected to continue participation in the Stockton, California

19 Metropolitan Area Flood Control study to include the eval20 uation of the feasibility of storage of water at Farmington

21 Dam to implement a conjunctive use plan. In conducting

22 the study, the Secretary shall consult with the Stockton East

23 Water District concerning joint operation or potential

24 transfer of Farmington Dam. The Secretary shall make rec-
233

•S 640 EAH

1 ommendations on facility transfers and operational alter2 natives as part of the Secretary’s report to Congress.

3 (b) REPORT.—The Secretary shall report to Congress,

4 no later than 1 year after the date of the enactment of this

5 Act, on the feasibility of a conjunctive use plan using Farm6 ington Dam for water storage.

7 SEC. 532. LOS ANGELES COUNTY DRAINAGE AREA, CALIFOR8 NIA.

9 The non-Federal share for a project to add water con10 servation to the existing Los Angeles County Drainage

11 Area, California, project shall be 100 percent of separable

12 first costs and separable operation, maintenance, and re13 placement costs associated with the water conservation pur14 pose.

15 SEC. 533. PRADO DAM SAFETY IMPROVEMENTS, CALIFOR16 NIA.

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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•S 640 EAH

1 SEC. 534. SEVEN OAKS DAM, CALIFORNIA.

2 The non-Federal share for a project to add water con3 servation to the Seven Oaks Dam, Santa Ana River

4 Mainstem, California, project shall be 100 percent of sepa5 rable first costs and separable operation, maintenance, and

6 replacement costs associated with the water conservation

7 purpose.

8 SEC. 535. MANATEE COUNTY, FLORIDA.

9 The project for flood control, Cedar Hammock (Wares

10 Creek), Florida, is authorized to be carried out by the Sec11 retary substantially in accordance with the Final Detailed

12 Project Report and Environmental Assessment, dated April

13 1995, at a total cost of $13,846,000, with an estimated first

14 Federal cost of $8,783,000 and an estimated non-Federal

15 cost of $5,063,000.

16 SEC. 536. TAMPA, FLORIDA.

17 The Secretary may enter into a cooperative agreement

18 under section 230 of this Act with the Museum of Science

19 and Industry, Tampa, Florida, to provide technical, plan20 ning, and design assistance to demonstrate the water qual21 ity functions found in wetlands, at an estimated total Fed22 eral cost of $500,000.

23 SEC. 537. WATERSHED MANAGEMENT PLAN FOR DEEP

24 RIVER BASIN, INDIANA.

25 (a) DEVELOPMENT.—The Secretary, in consultation

26 with the Natural Resources Conservation Service of the De-
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•S 640 EAH

1 partment of Agriculture, shall develop a watershed manage2 ment plan for the Deep River Basin, Indiana, which in3 cludes Deep River, Lake George, Turkey Creek, and other

4 related tributaries 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. 538. SOUTHERN AND EASTERN KENTUCKY.

13 (a) ESTABLISHMENT OF PROGRAM.—The Secretary

14 shall establish a program for providing environmental as15 sistance to non-Federal interests in southern and eastern

16 Kentucky. Such assistance may be in the form of design

17 and construction assistance for water-related environmental

18 infrastructure and resource protection and development

19 projects in southern and eastern Kentucky, including

20 projects for wastewater treatment and related facilities,

21 water supply, storage, treatment, and distribution facilities,

22 and surface water resource protection and development.

23 (b) PUBLIC OWNERSHIP REQUIREMENT.—The Sec24 retary may provide assistance for a project under this sec25 tion only if the project is publicly owned.
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•S 640 EAH

1 (c) PROJECT COOPERATION AGREEMENTS.—

2 (1) IN GENERAL.—Before providing assistance

3 under this section, the Secretary shall enter into a

4 project cooperation agreement with a non-Federal in5 terest to provide for design and construction of the

6 project to be carried out with such assistance.

7 (2) REQUIREMENTS.—Each agreement entered

8 into under this subsection shall provide for the follow9 ing:

10 (A) PLAN.—Development by the Secretary,

11 in consultation with appropriate Federal and

12 State officials, of a facilities development plan or

13 resource protection plan, including appropriate

14 plans and specifications.

15 (B) LEGAL AND INSTITUTIONAL STRUC16 TURES.—Establishment of each such legal and

17 institutional structures as are necessary to as18 sure the effective long-term operation of the

19 project by the non-Federal interest.

20 (3) COST SHARING.—

21 (A) IN GENERAL.—Total project costs under

22 each agreement entered into under this sub23 section shall be shared at 75 percent Federal and

24 25 percent non-Federal, except that the non-Fed25 eral interest shall receive credit for the reason-
237

•S 640 EAH

1 able costs of design work completed by such in2 terest before entry into the agreement with the

3 Secretary. The Federal share may be in the form

4 of grants or reimbursements of project costs.

5 (B) CREDIT FOR CERTAIN FINANCING

6 COSTS.—In the event of delays in the reimburse7 ment of the non-Federal share of a project, the

8 non-Federal interest shall receive credit for rea9 sonable interest and other associated financing

10 costs necessary for such non-Federal interest to

11 provide the non-Federal share of the project’s

12 cost.

13 (C) LANDS, EASEMENTS, AND RIGHTS-OF14 WAY.—The non-Federal interest shall receive

15 credit for lands, easements, rights-of-way, and

16 relocations provided by the non-Federal interest

17 toward its share of project costs, including for

18 costs associated with obtaining permits necessary

19 for the placement of such project on publicly

20 owned or controlled lands, but not to exceed 25

21 percent of total project costs.

22 (D) OPERATION AND MAINTENANCE.—Oper23 ation and maintenance costs shall be 100 percent

24 non-Federal.
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•S 640 EAH

1 (d) APPLICABILITY OF OTHER FEDERAL AND STATE

2 LAWS.—Nothing in this section shall be construed as

3 waiving, limiting, or otherwise affecting the applicability

4 of any provision of Federal or State law which would other5 wise apply to a project to be carried out with assistance

6 provided under this section.

7 (e) REPORT.—Not later than December 31, 1999, the

8 Secretary shall transmit to Congress a report on the results

9 of the program carried out under this section, together with

10 recommendations concerning whether or not such program

11 should be implemented on a national basis.

12 (f) SOUTHERN AND EASTERN KENTUCKY DEFINED.—

13 For purposes of this section, the term ‘‘southern and eastern

14 Kentucky’’ means Morgan, Floyd, Pulaski, Wayne, Laurel,

15 Knox, Pike, Menifee, Perry, Harlan, Breathitt, Martin,

16 Jackson, Wolfe, Clay, Magoffin, Owsley, Johnson, Leslie,

17 Lawrence, Knott, Bell, McCreary, Rockcastle, Whitley, Lee,

18 and Letcher Counties, Kentucky.

19 (g) AUTHORIZATION OF APPROPRIATIONS.—There is

20 authorized to be appropriated to carry out this section

21 $10,000,000.
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•S 640 EAH

1 SEC. 539. LOUISIANA COASTAL WETLANDS RESTORATION

2 PROJECTS.

3 Section 303(f) of the Coastal Wetlands Planning, Pro4 tection and Restoration Act (16 U.S.C. 3952(f); 104 Stat.

5 4782–4783) is amended—

6 (1) in paragraph (4) by striking ‘‘and (3)’’ and

7 inserting ‘‘(3), and (5)’’; and

8 (2) by adding at the end the following:

9 ‘‘(5) FEDERAL SHARE IN CALENDAR YEARS 1996

10 AND 1997.—Notwithstanding paragraphs (1) and (2),

11 amounts made available in accordance with section

12 306 of this title to carry out coastal wetlands restora13 tion projects under this section in calendar years

14 1996 and 1997 shall provide 90 percent of the cost of

15 such projects.’’.

16 SEC. 540. SOUTHEAST LOUISIANA.

17 (a) FLOOD CONTROL.—The Secretary is directed to

18 proceed with engineering, design, and construction of

19 projects to provide for flood control and improvements to

20 rainfall drainage systems in Jefferson, Orleans, and St.

21 Tammany Parishes, Louisiana, in accordance with the fol22 lowing reports of the New Orleans District Engineer: Jeffer23 son and Orleans Parishes, Louisiana, Urban Flood Control

24 and Water Quality Management, July 1992; Tangipahoa,

25 Techefuncte, and Tickfaw Rivers, Louisiana, June 1991; St.
240

•S 640 EAH

1 Tammany Parish, Louisiana, July 1996; and Schneider

2 Canal, Slidell, Louisiana, Hurricane Protection, May 1990.

3 (b) COST SHARING.—The cost of any work performed

4 by the non-Federal interests subsequent to the reports re5 ferred to in subsection (a) and determined by the Secretary

6 to be a compatible and integral part of the projects shall

7 be credited toward the non-Federal share of the projects.

8 (c) FUNDING.—There is authorized to be appropriated

9 $100,000,000 for the initiation and partial accomplishment

10 of projects described in the reports referred to in subsection

11 (a).

12 SEC. 541. RESTORATION PROJECTS FOR MARYLAND, PENN13 SYLVANIA, AND WEST VIRGINIA.

14 (a) IN GENERAL.—

15 (1) COOPERATION AGREEMENTS.—The Secretary

16 shall enter into cooperation agreements with non-Fed17 eral interests to develop and carry out, in cooperation

18 with Federal and State agencies, reclamation and

19 protection projects for the purpose of abating and

20 mitigating surface water quality degradation caused

21 by abandoned mines along—

22 (A) the North Branch of the Potomac River,

23 Maryland, Pennsylvania, and West Virginia;

24 and
241

•S 640 EAH

1 (B) the New River, West Virginia, water2 shed.

3 (2) ADDITIONAL MEASURES.—Projects under

4 paragraph (1) may also include measures for the

5 abatement and mitigation of surface water quality

6 degradation caused by the lack of sanitary wastewater

7 treatment facilities or the need to enhance such facili8 ties.

9 (3) CONSULTATION WITH FEDERAL ENTITIES.—

10 Any project under paragraph (1) that is located on

11 lands owned by the United States shall be undertaken

12 in consultation with the Federal entity with adminis13 trative jurisdiction over such lands.

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

15 of the activities conducted under cooperation agreements en16 tered into under subsection (a)(1) shall be 75 percent; except

17 that, with respect to projects located on lands owned by the

18 United States, the Federal share shall be 100 percent. The

19 non-Federal share of project costs may be provided in the

20 form of design and construction services. Non-Federal inter21 ests shall receive credit for the reasonable costs of such serv22 ices completed by such interests prior to entering an agree23 ment with the Secretary for a project.

24 (c) AUTHORIZATION OF APPROPRIATIONS.—There is

25 authorized to be appropriated to carry out this section
242

•S 640 EAH

1 $5,000,000 for projects undertaken under subsection

2 (a)(1)(A) and $5,000,000 for projects undertaken under

3 subsection (a)(1)(B).

4 SEC. 542. CUMBERLAND, MARYLAND.

5 The Secretary is directed to provide technical, plan6 ning, and design assistance to State, local, and other Fed7 eral entities for the restoration of the Chesapeake and Ohio

8 Canal, in the vicinity of Cumberland, Maryland.

9 SEC. 543. BENEFICIAL USE OF DREDGED MATERIAL, POP10 LAR ISLAND, MARYLAND.

11 The Secretary shall carry out a project for the bene12 ficial use of dredged material at Poplar Island, Maryland,

13 pursuant to section 204 of the Water Resources Development

14 Act of 1992; except that, notwithstanding the limitation

15 contained in subsection (e) of such section, the initial cost

16 of constructing dikes for the project shall be $78,000,000,

17 with an estimated Federal cost of $58,500,000 and an esti18 mated non-Federal cost of $19,500,000.

19 SEC. 544. EROSION CONTROL MEASURES, SMITH ISLAND,

20 MARYLAND.

21 (a) IN GENERAL.—The Secretary shall implement ero22 sion control measures in the vicinity of Rhodes Point,

23 Smith Island, Maryland, at an estimated total Federal cost

24 of $450,000.
243

•S 640 EAH

1 (b) IMPLEMENTATION ON EMERGENCY BASIS.—The

2 project under subsection (a) shall be carried out on an emer3 gency basis in view of the national, historic, and cultural

4 value of the island and in order to protect the Federal in5 vestment in infrastructure facilities.

6 (c) COST SHARING.—Cost sharing applicable to hurri7 cane and storm damage reduction shall be applicable to the

8 project to be carried out under subsection (a).

9 SEC. 545. DULUTH, MINNESOTA, ALTERNATIVE TECH10 NOLOGY PROJECT.

11 (a) PROJECT AUTHORIZATION.—The Secretary shall

12 develop and implement alternative methods for decon13 tamination and disposal of contaminated dredged material

14 at the Port of Duluth, Minnesota.

15 (b) AUTHORIZATION OF APPROPRIATIONS.—There is

16 authorized to be appropriated for fiscal years beginning

17 after September 30, 1996, to carry out this section

18 $1,000,000. Such sums shall remain available until ex19 pended.

20 SEC. 546. REDWOOD RIVER BASIN, MINNESOTA.

21 (a) STUDY AND STRATEGY DEVELOPMENT.—The Sec22 retary, in cooperation with the Secretary of Agriculture and

23 the State of Minnesota, shall conduct a study, and develop

24 a strategy, for using wetland restoration, soil and water

25 conservation practices, and nonstructural measures to re-
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•S 640 EAH

1 duce flood damages, improve water quality, and create

2 wildlife habitat in the Redwood River basin and the sub3 basins draining into the Minnesota River, at an estimated

4 Federal cost of $4,000,000.

5 (b) NON-FEDERAL SHARE.—The non-Federal share of

6 the cost of the study and development of the strategy shall

7 be 25 percent and may be provided through in-kind services

8 and materials.

9 (c) COOPERATION AGREEMENT.—In conducting the

10 study and developing the strategy under this section, the

11 Secretary shall enter into cooperation agreements to provide

12 financial assistance to appropriate Federal, State, and

13 local government agencies, including activities for the im14 plementation of wetland restoration projects and soil and

15 water conservation measures.

16 (d) IMPLEMENTATION.—The Secretary shall undertake

17 development and implementation of the strategy authorized

18 by this section in cooperation with local landowners and

19 local government officials.

20 SEC. 547. NATCHEZ BLUFFS, MISSISSIPPI.

21 (a) IN GENERAL.—The Secretary shall carry out the

22 project for bluff stabilization, Natchez Bluffs, Natchez, Mis23 sissippi, substantially in accordance with (1) the Natchez

24 Bluffs Study, dated September 1985, (2) the Natchez Bluffs

25 Study: Supplement I, dated June 1990, and (3) the Natchez
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•S 640 EAH

1 Bluffs Study: Supplement II, dated December 1993, in the

2 portions of the bluffs described in subsection (b), at a total

3 cost of $17,200,000, with an estimated Federal cost of

4 $12,900,000 and an estimated non-Federal cost of

5 $4,300,000.

6 (b) DESCRIPTION OF PROJECT LOCATION.—The por7 tions of the Natchez Bluffs where the project is to be carried

8 out under subsection (a) are described in the studies referred

9 to in subsection (a) as—

10 (1) Clifton Avenue, area 3;

11 (2) the bluff above Silver Street, area 6;

12 (3) the bluff above Natchez Under-the-Hill, area

13 7; and

14 (4) Madison Street to State Street, area 4.

15 SEC. 548. SARDIS LAKE, MISSISSIPPI.

16 (a) MANAGEMENT.—The Secretary shall work coopera17 tively with the State of Mississippi and the city of Sardis,

18 Mississippi, to the maximum extent practicable, in the

19 management of existing and proposed leases of land consist20 ent with the Sardis Lake Recreation and Tourism Master

21 Plan prepared by the city for the economic development of

22 the Sardis Lake area.

23 (b) FLOOD CONTROL STORAGE.—The Secretary shall

24 review the study conducted by the city of Sardis, Mis25 sissippi, regarding the impact of the Sardis Lake Recre-
246

•S 640 EAH

1 ation and Tourism Master Plan prepared by the city on

2 flood control storage in Sardis Lake. The city shall not be

3 required to reimburse the Secretary for the cost of such stor4 age, or the cost of the Secretary’s review, if the Secretary

5 finds that the loss of flood control storage resulting from

6 implementation of the master plan is not significant.

7 SEC. 549. MISSOURI RIVER MANAGEMENT.

8 (a) NAVIGATION SEASON EXTENSION.—

9 (1) INCREASES.—The Secretary, working with

10 the Secretary of Agriculture and the Secretary of the

11 Interior, shall incrementally increase the length of

12 each navigation season for the Missouri River by 15

13 days from the length of the previous navigation sea14 son and those seasons thereafter, until such time as

15 the navigation season for the Missouri River is in16 creased by 1 month from the length of the navigation

17 season on April 1, 1996.

18 (2) APPLICATION OF INCREASES.—Increases in

19 the length of the navigation season under paragraph

20 (1) shall be applied in calendar year 1996 so that the

21 navigation season in such calendar year for the Mis22 souri River begins on April 1, 1996, and ends on De23 cember 15, 1996.

24 (3) ADJUSTMENT OF NAVIGATION LEVELS.—

25 Scheduled full navigation levels shall be incrementally
247

•S 640 EAH

1 increased to coincide with increases in the navigation

2 season under paragraph (1).

3 (b) WATER CONTROL POLICIES AFFECTING NAVIGA4 TION CHANNELS.—The Secretary may not take any action

5 which is inconsistent with a water control policy of the

6 Corps of Engineers in effect on January 1, 1995, if such

7 action would result in—

8 (1) a reduction of 10 days or more in the total

9 number of days in a year during which vessels are

10 able to use navigation channels; or

11 (2) a substantial increase in flood damage to

12 lands adjacent to a navigation channel, unless such

13 action is specifically authorized by a law enacted

14 after the date of the enactment of this Act.

15 (c) ECONOMIC AND ENVIRONMENTAL IMPACT EVALUA16 TION.—Whenever a Federal department, agency, or instru17 mentality conducts an environmental impact statement

18 with respect to management of the Missouri River system,

19 the head of such department, agency, or instrumentality

20 shall also conduct a cost benefit analysis on any changes

21 proposed in the management of the Missouri River.

22 SEC. 550. ST. CHARLES COUNTY, MISSOURI, FLOOD PROTEC23 TION.

24 (a) IN GENERAL.—Notwithstanding any other provi25 sion of law or regulation, no county located at the con-
248

•S 640 EAH

1 fluence of the Missouri and Mississippi Rivers or commu2 nity located in any county located at the confluence of the

3 Missouri and Mississippi Rivers shall have its participa4 tion in any Federal program suspended, revoked, or other5 wise affected solely due to that county or community per6 mitting the raising of levees by any public-sponsored levee

7 district, along an alignment approved by the circuit court

8 of such county, to a level sufficient to contain a 20-year

9 flood.

10 (b) TREATMENT OF EXISTING PERMITS.—If any pub11 lic-sponsored levee district has received a Federal permit

12 valid during the Great Flood of 1993 to improve or modify

13 its levee system before the date of the enactment of this Act,

14 such permit shall be considered adequate to allow the rais15 ing of the height of levees in such system under subsection

16 (a).

17 SEC. 551. DURHAM, NEW HAMPSHIRE.

18 The Secretary may enter into a cooperative agreement

19 under section 230 of this Act with the University of New

20 Hampshire to provide technical assistance for a water treat21 ment technology center addressing the needs of small com22 munities.

23 SEC. 552. HACKENSACK MEADOWLANDS AREA, NEW JERSEY.

24 Section 324(b)(1) of the Water Resources Development

25 Act of 1992 (106 Stat. 4849) is amended to read as follows:
249

•S 640 EAH

1 ‘‘(1) Mitigation, enhancement, and acquisition of

2 significant wetlands that contribute to the

3 Meadowlands ecosystem.’’.

4 SEC. 553. AUTHORIZATION OF DREDGE MATERIAL CON5 TAINMENT FACILITY FOR PORT OF NEW

6 YORK/NEW JERSEY.

7 (a) IN GENERAL.—The Secretary is authorized to con8 struct, operate, and maintain a dredged material contain9 ment facility with a capacity commensurate with the long10 term dredged material disposal needs of port facilities

11 under the jurisdiction of the Port of New York/New Jersey.

12 Such facility may be a near-shore dredged material disposal

13 facility along the Brooklyn waterfront. The costs associated

14 with feasibility studies, design, engineering, and construc15 tion shall be shared with the local sponsor in accordance

16 with the provisions of section 101 of the Water Resources

17 Development Act of 1986.

18 (b) BENEFICIAL USE.—After the facility to be con19 structed under subsection (a) has been filled to capacity

20 with dredged material, the Secretary shall maintain the fa21 cility for the public benefit.

22 SEC. 554. HUDSON RIVER HABITAT RESTORATION, NEW

23 YORK.

24 (a) HABITAT RESTORATION PROJECT.—The Secretary

25 shall expedite the feasibility study of the Hudson River
250

•S 640 EAH

1 Habitat Restoration, Hudson River Basin, New York, and

2 shall carry out no fewer than 4 projects for habitat restora3 tion, to the extent the Secretary determines such work to

4 be technically feasible. Such projects shall be designed to—

5 (1) provide a pilot project to assess and improve

6 habitat value and environmental outputs of rec7 ommended projects;

8 (2) provide a demonstration project to evaluate

9 various restoration techniques for effectiveness and

10 cost;

11 (3) fill an important local habitat need within

12 a specific portion of the study area; and

13 (4) take advantage of ongoing or planned actions

14 by other agencies, local municipalities, or environ15 mental groups that would increase the effectiveness or

16 decrease the overall cost of implementing one of the

17 recommended restoration project sites.

18 (b) NON-FEDERAL SHARE.—Non-Federal interests

19 shall provide 25 percent of the cost on each project under20 taken under subsection (a). The non-Federal share may be

21 in the form of cash or in-kind contributions.

22 (c) AUTHORIZATION OF APPROPRIATIONS.—There is

23 authorized to be appropriated to carry out this section

24 $11,000,000.
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•S 640 EAH

1 SEC. 555. QUEENS COUNTY, NEW YORK.

2 (a) DESCRIPTION OF NONNAVIGABLE AREA.—Subject

3 to subsections (b) and (c), the area of Long Island City,

4 Queens County, New York, that—

5 (1) is not submerged;

6 (2) lies between the southerly high water line (as

7 of the date of enactment of this Act) of Anable Basin

8 (also known as the ‘‘11th Street Basin’’) and the

9 northerly high water line (as of the date of enactment

10 of this Act) of Newtown Creek; and

11 (3) extends from the high water line (as of the

12 date of enactment of this Act) of the East River to the

13 original high water line of the East River;

14 is declared to be nonnavigable waters of the United States.

15 (b) REQUIREMENT THAT AREA BE IMPROVED.—

16 (1) IN GENERAL.—The declaration of non17 navigability under subsection (a) shall apply only to

18 those portions of the area described in subsection (a)

19 that are, or will be, bulkheaded, filled, or otherwise oc20 cupied by permanent structures or other permanent

21 physical improvements (including parkland).

22 (2) APPLICABILITY OF FEDERAL LAW.—Improve23 ments described in paragraph (1) shall be subject to

24 applicable Federal laws, including—

25 (A) sections 9 and 10 of the Act entitled

26 ‘‘An Act making appropriations for the construc-
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1 tion, repair, and preservation of certain public

2 works on rivers and harbors, and for other pur3 poses’’, approved March 3, 1899 (33 U.S.C. 401

4 and 403);

5 (B) section 404 of the Federal Water Pollu6 tion Control Act (33 U.S.C. 1344); and

7 (C) the National Environmental Policy Act

8 of 1969 (42 U.S.C. 4321 et seq.).

9 (c) EXPIRATION DATE.—The declaration of non10 navigability under subsection (a) shall expire with respect

11 to a portion of the area described in subsection (a), if the

12 portion—

13 (1) is not bulkheaded, filled, or otherwise occu14 pied by a permanent structure or other permanent

15 physical improvement (including parkland) in ac16 cordance with subsection (b) by the date that is 20

17 years after the date of the enactment of this Act; or

18 (2) requires an improvement described in sub19 section (b)(2) that is subject to a permit under an ap20 plicable Federal law and the improvement is not com21 menced by the date that is 5 years after the date of

22 issuance of the permit.
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1 SEC. 556. 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 ‘‘$5,000,000’’.

5 SEC. 557. 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

26 $10,000,000.
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•S 640 EAH

1 SEC. 558. NEW YORK CITY WATERSHED.

2 (a) ESTABLISHMENT.—

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

4 a program for providing environmental assistance to

5 non-Federal interests in the New York City Water6 shed.

7 (2) FORM.—Assistance provided under this sec8 tion may be in the form of design and construction

9 assistance for water-related environmental infrastruc10 ture and resource protection and development projects

11 in the New York City Watershed, including projects

12 for water supply, storage, treatment, and distribution

13 facilities, and surface water resource protection and

14 development.

15 (b) PUBLIC OWNERSHIP REQUIREMENT.—The Sec16 retary may provide assistance for a project under this sec17 tion only if the project is publicly owned.

18 (c) ELIGIBLE PROJECTS.—

19 (1) CERTIFICATION.—A project shall be eligible

20 for financial assistance under this section only if the

21 State director for the project certifies to the Secretary

22 that the project will contribute to the protection and

23 enhancement of the quality or quantity of the New

24 York City water supply.

25 (2) SPECIAL CONSIDERATION.—In certifying

26 projects to the Secretary, the State director shall give
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•S 640 EAH

1 special consideration to those projects implementing

2 plans, agreements, and measures which preserve and

3 enhance the economic and social character of the wa4 tershed communities.

5 (3) PROJECT DESCRIPTIONS.—Projects eligible

6 for assistance under this section shall include the fol7 lowing:

8 (A) Implementation of intergovernmental

9 agreements for coordinating regulatory and

10 management responsibilities.

11 (B) Acceleration of whole farm planning to

12 implement best management practices to main13 tain or enhance water quality and to promote

14 agricultural land use.

15 (C) Acceleration of whole community plan16 ning to promote intergovernmental cooperation

17 in the regulation and management of activities

18 consistent with the goal of maintaining or en19 hancing water quality.

20 (D) Natural resources stewardship on public

21 and private lands to promote land uses that pre22 serve and enhance the economic and social char23 acter of the watershed communities and protect

24 and enhance water quality.
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•S 640 EAH

1 (d) COOPERATION AGREEMENTS.—Before providing

2 assistance under this section, the Secretary shall enter into

3 a project cooperation agreement with the State director for

4 the project to be carried out with such assistance.

5 (e) COST SHARING.—

6 (1) IN GENERAL.—Total project costs under each

7 agreement entered into under this section shall be

8 shared at 75 percent Federal and 25 percent non-Fed9 eral. The non-Federal interest shall receive credit for

10 the reasonable costs of design work completed by such

11 interest prior to entering into the agreement with the

12 Secretary for a project. The Federal share may be in

13 the form of grants or reimbursements of project costs.

14 (2) INTEREST.—In the event of delays in the re15 imbursement of the non-Federal share of a project, the

16 non-Federal interest shall receive credit for reasonable

17 interest costs incurred to provide the non-Federal

18 share of a project’s cost.

19 (3) LANDS, EASEMENTS, AND RIGHTS-OF-WAY

20 CREDIT.—The non-Federal interest shall receive credit

21 for lands, easements, rights-of-way, and relocations

22 provided by the non-Federal interest toward its share

23 of project costs, including direct costs associated with

24 obtaining permits necessary for the placement of such
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•S 640 EAH

1 project on public owned or controlled lands, but not

2 to exceed 25 percent of total project costs.

3 (4) OPERATION AND MAINTENANCE.—Operation

4 and maintenance costs for projects constructed with

5 assistance provided under this section shall be 100

6 percent non-Federal.

7 (f) APPLICABILITY OF OTHER FEDERAL AND STATE

8 LAWS.—Nothing in this section shall be construed to waive,

9 limit, or otherwise affect the applicability of any provision

10 of Federal or State law that would otherwise apply to a

11 project carried out with assistance provided under this sec12 tion.

13 (g) REPORT.—Not later than December 31, 2000, the

14 Secretary shall transmit to Congress a report on the results

15 of the program carried out under this section, together with

16 recommendations concerning whether such program should

17 be implemented on a national basis.

18 (h) NEW YORK CITY WATERSHED DEFINED.—For

19 purposes of this section, the term ‘‘New York City Water20 shed’’ means the land area within the counties of Delaware,

21 Greene, Schoharie, Ulster, Sullivan, Westchester, Putnam,

22 and Duchess which contributes water to the water supply

23 system of New York City.
258

•S 640 EAH

1 (i) AUTHORIZATION OF APPROPRIATIONS.—There is

2 authorized to be appropriated to carry out this section

3 $25,000,000.

4 SEC. 559. OHIO RIVER GREENWAY.

5 (a) EXPEDITED COMPLETION OF STUDY.—The Sec6 retary is directed to expedite the completion of the study

7 for the Ohio River Greenway, Jeffersonville, Clarksville,

8 and New Albany, Indiana.

9 (b) CONSTRUCTION.—Upon completion of the study, if

10 the Secretary determines that the project is feasible, the Sec11 retary shall participate with the non-Federal interests in

12 the construction of the project.

13 (c) COST SHARING.—Total project costs under this sec14 tion shall be shared at 50 percent Federal and 50 percent

15 non-Federal.

16 (d) LANDS, EASEMENTS, AND RIGHTS-OF-WAY.—Non17 Federal interests shall be responsible for providing all lands,

18 easements, rights-of-way, relocations, and dredged material

19 disposal areas necessary for the project.

20 (e) CREDIT.—The non-Federal interests shall receive

21 credit for those costs incurred by the non-Federal interests

22 that the Secretary determines are compatible with the

23 study, design, and implementation of the project.
259

•S 640 EAH

1 SEC. 560. NORTHEASTERN OHIO.

2 The Secretary is authorized to provide technical assist3 ance to local interests for planning the establishment of a

4 regional water authority in northeastern Ohio to address

5 the water problems of the region. The Federal share of the

6 costs of such planning shall not exceed 75 percent.

7 SEC. 561. GRAND LAKE, OKLAHOMA.

8 (a) STUDY.—Not later than 1 year after the date of

9 the enactment of this Act, the Secretary of the Army shall

10 carry out and complete a study of flood control in Grand/

11 Neosho Basin and tributaries in the vicinity of Pensacola

12 Dam in northeastern Oklahoma to determine the scope of

13 the backwater effects of operation of the dam and to identify

14 any lands which the Secretary determines have been ad15 versely impacted by such operation or should have been

16 originally purchased as flowage easement for the project.

17 (b) ACQUISITION OF REAL PROPERTY.—Upon comple18 tion of the study and subject to advance appropriations,

19 the Secretary shall acquire from willing sellers such real

20 property interests in any lands identified in the study as

21 the Secretary determines are necessary to reduce the adverse

22 impacts identified in the study conducted under subsection

23 (a).

24 (c) IMPLEMENTATION REPORTS.—The Secretary shall

25 transmit to Congress reports on the operation of the Pensa26 cola Dam, including data on and a description of releases
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•S 640 EAH

1 in anticipation of flooding (referred to as preoccupancy re2 leases), and the implementation of this section. The first

3 of such reports shall be transmitted not later than 2 years

4 after the date of the enactment of this Act.

5 (d) AUTHORIZATION OF APPROPRIATIONS.—

6 (1) IN GENERAL.—There is authorized to be ap7 propriated to carry out this section $25,000,000 for

8 fiscal years beginning after September 30, 1996.

9 (2) MAXIMUM FUNDING FOR STUDY.—Of

10 amounts appropriated to carry out this section, not

11 to exceed $1,500,000 shall be available for carrying

12 out the study under subsection (a).

13 SEC. 562. BROAD TOP REGION OF PENNSYLVANIA.

14 Section 304 of the Water Resources Development Act

15 of 1992 (106 Stat. 4840) is amended—

16 (1) by striking subsection (b) and inserting the

17 following:

18 ‘‘(b) COST SHARING.—The Federal share of the cost of

19 the activities conducted under the cooperative agreement en20 tered into under subsection (a) shall be 75 percent. The non21 Federal share of project costs may be provided in the form

22 of design and construction services and other in-kind work

23 provided by the non-Federal interests, whether occurring

24 subsequent to, or within 6 years prior to, entering into an

25 agreement with the Secretary. Non-Federal interests shall
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•S 640 EAH

1 receive credit for grants and the value of work performed

2 on behalf of such interests by State and local agencies.’’;

3 and

4 (2) in subsection (c) by striking ‘‘$5,500,000’’

5 and inserting ‘‘$11,000,000’’.

6 SEC. 563. CURWENSVILLE LAKE, PENNSYLVANIA.

7 The Secretary shall modify the allocation of costs for

8 the water reallocation project at Curwensville Lake, Penn9 sylvania, to the extent that the Secretary determines that

10 such reallocation will provide environmental restoration

11 benefits in meeting in-stream flow needs in the Susque12 hanna River basin.

13 SEC. 564. HOPPER DREDGE MCFARLAND.

14 (a) PROJECT AUTHORIZATION.—The Secretary is au15 thorized to carry out a project at the Philadelphia Naval

16 Shipyard, Pennsylvania, to make modernization and effi17 ciency improvements to the hopper dredge McFarland.

18 (b) REQUIREMENTS.—In carrying out the project

19 under subsection (a), the Secretary shall—

20 (1) determine whether the McFarland should be

21 returned to active service or the reserve fleet after the

22 project is completed; and

23 (2) establish minimum standards of dredging

24 service to be met in areas served by the McFarland

25 while the drydocking is taking place.
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•S 640 EAH

1 (c) AUTHORIZATION OF APPROPRIATIONS.—There is

2 authorized to be appropriated to carry out this section

3 $20,000,000 for fiscal years beginning after September 30,

4 1996.

5 SEC. 565. PHILADELPHIA, PENNSYLVANIA.

6 (a) WATER WORKS RESTORATION.—

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

8 planning, design, and construction assistance for the

9 protection and restoration of the Philadelphia, Penn10 sylvania Water Works.

11 (2) COORDINATION.—In providing assistance

12 under this subsection, the Secretary shall coordinate

13 with the Fairmount Park Commission and the Sec14 retary of the Interior.

15 (3) FUNDING.—There is authorized to be appro16 priated to carry out this subsection $1,000,000 for fis17 cal years beginning after September 30, 1996.

18 (b) COOPERATION AGREEMENT FOR SCHUYLKILL

19 NAVIGATION CANAL.—

20 (1) IN GENERAL.—The Secretary shall enter into

21 a cooperation agreement with the city of Philadel22 phia, Pennsylvania, to participate in the operation,

23 maintenance, and rehabilitation of the Schuylkill

24 Navigation Canal at Manayunk.
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•S 640 EAH

1 (2) LIMITATION ON FEDERAL SHARE.—The Fed2 eral share of the cost of the operation, maintenance,

3 and rehabilitation under paragraph (1) shall not ex4 ceed $300,000 annually.

5 (3) AREA INCLUDED.—For purposes of this sub6 section, the Schuylkill Navigation Canal includes the

7 section approximately 10,000 feet long extending be8 tween Lock and Fountain Streets, Philadelphia,

9 Pennsylvania.

10 (c) SCHUYLKILL RIVER PARK.—

11 (1) ASSISTANCE.—The Secretary is authorized to

12 provide technical, planning, design, and construction

13 assistance for the Schuylkill River Park, Philadel14 phia, Pennsylvania.

15 (2) FUNDING.—There is authorized to be appro16 priated $2,700,000 to carry out this subsection.

17 (d) PENNYPACK PARK.—

18 (1) ASSISTANCE.—The Secretary is authorized to

19 provide technical, design, construction, and financial

20 assistance for measures for the improvement and res21 toration of aquatic habitats and aquatic resources at

22 Pennypack Park, Philadelphia, Pennsylvania.

23 (2) COOPERATION AGREEMENTS.—In providing

24 assistance under this subsection, the Secretary shall

25 enter into cooperation agreements with the city of
264

•S 640 EAH

1 Philadelphia, acting through the Fairmount Park

2 Commission.

3 (3) FUNDING.—There is authorized to be appro4 priated for fiscal years beginning after September 30,

5 1996, $15,000,000 to carry out this subsection.

6 (e) FRANKFORD DAM.—

7 (1) COOPERATION AGREEMENTS.—The Secretary

8 shall enter into cooperation agreements with the city

9 of Philadelphia, Pennsylvania, acting through the

10 Fairmount Park Commission, to provide assistance

11 for the elimination of the Frankford Dam, the re12 placement of the Rhawn Street Dam, and modifica13 tions to the Roosevelt Dam and the Verree Road Dam.

14 (2) FUNDING.—There is authorized to be appro15 priated for fiscal years beginning after September 30,

16 1996, $900,000, to carry out this subsection.

17 SEC. 566. UPPER SUSQUEHANNA RIVER BASIN, PENNSYLVA18 NIA AND NEW YORK.

19 (a) STUDY AND STRATEGY DEVELOPMENT.—The Sec20 retary, in cooperation with the Secretary of Agriculture, the

21 State of Pennsylvania, and the State of New York, shall

22 conduct a study, and develop a strategy, for using wetland

23 restoration, soil and water conservation practices, and non24 structural measures to reduce flood damages, improve water
265

•S 640 EAH

1 quality, and create wildlife habitat in the following portions

2 of the Upper Susquehanna River basin:

3 (1) the Juniata River watershed, Pennsylvania,

4 at an estimated Federal cost of $15,000,000; and

5 (2) the Susquehanna River watershed upstream

6 of the Chemung River, New York, at an estimated

7 Federal cost of $10,000,000.

8 (b) NON-FEDERAL SHARE.—The non-Federal share of

9 the cost of the study and development of the strategy shall

10 be 25 percent and may be provided through in-kind services

11 and materials.

12 (c) COOPERATION AGREEMENTS.—In conducting the

13 study and developing the strategy under this section, the

14 Secretary shall enter into cooperation agreements to provide

15 financial assistance to appropriate Federal, State, and

16 local government agencies, including activities for the im17 plementation of wetland restoration projects and soil and

18 water conservation measures.

19 (d) IMPLEMENTATION.—The Secretary shall undertake

20 development and implementation of the strategy authorized

21 by this section in cooperation with local landowners and

22 local government officials.
266

•S 640 EAH

1 SEC. 567. SEVEN POINTS VISITORS CENTER, RAYSTOWN

2 LAKE, PENNSYLVANIA.

3 (a) IN GENERAL.—The Secretary shall construct a

4 visitors center and related public use facilities at the Seven

5 Points Recreation Area at Raystown Lake, Pennsylvania,

6 generally in accordance with the Master Plan Update

7 (1994) for the Raystown Lake Project.

8 (b) AUTHORIZATION OF APPROPRIATIONS.—There is

9 authorized to be appropriated to carry out this section

10 $2,500,000.

11 SEC. 568. SOUTHEASTERN PENNSYLVANIA.

12 (a) ESTABLISHMENT OF PROGRAM.—The Secretary

13 shall establish a pilot program for providing environmental

14 assistance to non-Federal interests in southeastern Penn15 sylvania. Such assistance may be in the form of design and

16 construction assistance for water-related environmental in17 frastructure and resource protection and development

18 projects in southeastern Pennsylvania, including projects

19 for waste water treatment and related facilities, water sup20 ply, storage, treatment, and distribution facilities, and sur21 face water resource protection and development.

22 (b) PUBLIC OWNERSHIP REQUIREMENT.—The Sec23 retary may provide assistance for a project under this sec24 tion only if the project is publicly owned.

25 (c) LOCAL COOPERATION AGREEMENTS.—
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•S 640 EAH

1 (1) IN GENERAL.—Before providing assistance

2 under this section, the Secretary shall enter into a

3 local cooperation agreement with a non-Federal inter4 est to provide for design and construction of the

5 project to be carried out with such assistance.

6 (2) REQUIREMENTS.—Each local cooperation

7 agreement entered into under this subsection shall

8 provide for the following:

9 (A) PLAN.—Development by the Secretary,

10 in consultation with appropriate Federal and

11 State officials, of a facilities or resource protec12 tion and development plan, including appro13 priate engineering plans and specifications.

14 (B) LEGAL AND INSTITUTIONAL STRUC15 TURES.—Establishment of each such legal and

16 institutional structures as are necessary to as17 sure the effective long-term operation of the

18 project by the non-Federal interest.

19 (3) COST SHARING.—

20 (A) IN GENERAL.—Total project costs under

21 each local cooperation agreement entered into

22 under this subsection shall be shared at 75 per23 cent Federal and 25 percent non-Federal. The

24 non-Federal interest shall receive credit for the

25 reasonable costs of design work completed by
268

•S 640 EAH

1 such interest prior to entering into a local co2 operation agreement with the Secretary for a

3 project. The credit for such design work shall not

4 exceed 6 percent of the total construction costs

5 of the project. The Federal share may be in the

6 form of grants or reimbursements of project costs.

7 (B) INTEREST.—In the event of delays in

8 the funding of the non-Federal share of a project

9 that is the subject of an agreement under this

10 section, the non-Federal interest shall receive

11 credit for reasonable interest incurred in provid12 ing the non-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 all reasonable costs associated with ob18 taining permits necessary for the construction,

19 operation, and maintenance of such project on

20 publicly owned or controlled lands, but not to ex21 ceed 25 percent of total project costs.

22 (D) OPERATION AND MAINTENANCE.—Oper23 ation and maintenance costs for projects con24 structed with assistance provided under this sec25 tion shall be 100 percent non-Federal.
269

•S 640 EAH

1 (d) APPLICABILITY OF OTHER FEDERAL AND STATE

2 LAWS.—Nothing in this section shall be construed as

3 waiving, limiting, or otherwise affecting the applicability

4 of any provision of Federal or State law which would other5 wise apply to a project to be carried out with assistance

6 provided under this section.

7 (e) REPORT.—Not later than December 31, 1998, the

8 Secretary shall transmit to Congress a report on the results

9 of the pilot program carried out under this section, together

10 with recommendations concerning whether or not such pro11 gram should be implemented on a national basis.

12 (f) SOUTHEASTERN PENNSYLVANIA DEFINED.—For

13 purposes of this section, the term ‘‘Southeastern Pennsylva14 nia’’ means Philadelphia, Bucks, Chester, Delaware, and

15 Montgomery Counties, Pennsylvania.

16 (g) AUTHORIZATION OF APPROPRIATIONS.—There is

17 authorized to be appropriated to carry out this section

18 $25,000,000 for fiscal years beginning after September 30,

19 1996. Such sums shall remain available until expended.

20 SEC. 569. WILLS CREEK, HYNDMAN, PENNSYLVANIA.

21 The Secretary shall carry out a project for flood con22 trol, Wills Creek, Borough of Hyndman, Pennsylvania, at

23 an estimated total cost of $5,000,000. For purposes of sec24 tion 209 of the Flood Control Act of 1970 (84 Stat. 1829),

25 benefits attributable to the national economic development
270

•S 640 EAH

1 objectives set forth in such section shall include all primary,

2 secondary, and tertiary benefits attributable to the flood

3 control project authorized by this section regardless of to

4 whom such benefits may accrue.

5 SEC. 570. BLACKSTONE RIVER VALLEY, RHODE ISLAND AND

6 MASSACHUSETTS.

7 (a) IN GENERAL.—The Secretary, in coordination

8 with Federal, State, and local interests, shall provide tech9 nical, planning, and design assistance in the development

10 and restoration of the Blackstone River Valley National

11 Heritage Corridor, Rhode Island, and Massachusetts.

12 (b) FEDERAL SHARE.—Funds made available under

13 this section for planning and design of a project may not

14 exceed 75 percent of the total cost of such planning and

15 design.

16 SEC. 571. EAST RIDGE, TENNESSEE.

17 The Secretary shall review the flood management study

18 for the East Ridge and Hamilton County area undertaken

19 by the Tennessee Valley Authority and shall carry out the

20 project at an estimated total cost of $25,000,000.

21 SEC. 572. MURFREESBORO, TENNESSEE.

22 The Secretary shall carry out a project for environ23 mental enhancement, Murfreesboro, Tennessee, in accord24 ance with the Report and Environmental Assessment, Black
271

•S 640 EAH

1 Fox, Murfree and Oaklands Spring Wetlands, Murfreesboro,

2 Rutherford County, Tennessee, dated August 1994.

3 SEC. 573. BUFFALO BAYOU, TEXAS.

4 The non-Federal interest for the projects for flood con5 trol, Buffalo Bayou Basin, Texas, authorized by section 203

6 of the Flood Control Act of 1954 (68 Stat. 1258), and Buf7 falo Bayou and tributaries, Texas, authorized by section

8 101 of the Water Resources Development Act of 1990 (104

9 Stat. 4610), may be reimbursed by up to $5,000,000 or may

10 receive a credit of up to $5,000,000 against required non11 Federal project cost-sharing contributions for work per12 formed by the non-Federal interest at each of the following

13 locations if such work is compatible with the following au14 thorized projects: White Oak Bayou, Brays Bayou, Hunting

15 Bayou, Garners Bayou, and the Upper Reach on Greens

16 Bayou.

17 SEC. 574. SAN ANTONIO RIVER, TEXAS.

18 Notwithstanding the last sentence of section 215(a) of

19 the Flood Control Act of 1968 (42 U.S.C. 1962d–5(a)) and

20 the agreement executed on November 7, 1992, by the Sec21 retary and the San Antonio River Authority, Texas, the

22 Secretary shall reimburse the San Antonio River Authority

23 an amount not to exceed $5,000,000 for the work carried

24 out by the Authority under the agreement, including any
272

•S 640 EAH

1 amounts paid to the Authority under the terms of the agree2 ment before the date of the enactment of this Act.

3 SEC. 575. NEABSCO CREEK, VIRGINIA.

4 The Secretary shall carry out a project for flood con5 trol, Neabsco Creek Watershed, Prince William County, Vir6 ginia, at an estimated total cost of $1,500,000.

7 SEC. 576. TANGIER ISLAND, VIRGINIA.

8 The Secretary is directed to design and construct a

9 breakwater at the North Channel on Tangier Island, Vir10 ginia, at a total cost of $1,200,000, with an estimated Fed11 eral cost of $900,000 and an estimated non-Federal cost of

12 $300,000. Congress finds that in view of the historic preser13 vation benefits resulting from the project authorized by this

14 section, the overall benefits of the project exceed the costs

15 of the project.

16 SEC. 577. HARRIS COUNTY, TEXAS.

17 (a) IN GENERAL.—During any evaluation of economic

18 benefits and costs for projects set forth in subsection (b) that

19 occurs after the date of the enactment of this Act, the Sec20 retary shall not consider flood control works constructed by

21 non-Federal interests within the drainage area of such

22 projects prior to the date of such evaluation in the deter23 mination of conditions existing prior to construction of the

24 project.
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•S 640 EAH

1 (b) SPECIFIC PROJECTS.—The projects to which sub2 section (a) apply are—

3 (1) the project for flood control, Buffalo Bayou

4 and Tributaries, Texas, authorized by section 101(a)

5 of the Water Resources Development Act of 1990 (104

6 Stat. 4610);

7 (2) the project for flood control, Cypress Creek,

8 Texas, authorized by section 3(a)(13) of the Water Re9 sources Development Act of 1988 (102 Stat. 4014);

10 and

11 (3) the project for flood control, Buffalo Bayou

12 Basin, authorized by section 203 of the Flood Control

13 Act of 1954 (68 Stat. 1258).

14 SEC. 578. PIERCE COUNTY, WASHINGTON.

15 (a) TECHNICAL ASSISTANCE.—The Secretary shall

16 provide technical assistance to Pierce County, Washington,

17 to address measures that are necessary to assure that non18 Federal levees are adequately maintained and satisfy eligi19 bility criteria for rehabilitation assistance under section 5

20 of the Act entitled ‘‘An Act authorizing the construction of

21 certain public works on rivers and harbors for flood control,

22 and for other purposes’’, approved August 18, 1941 (33

23 U.S.C. 701n; 55 Stat. 650). Such assistance shall include

24 a review of the requirements of the Puyallup Tribe of Indi25 ans Settlement Act of 1989 (Public Law 101–41) and
274

•S 640 EAH

1 standards for project maintenance and vegetation manage2 ment used by the Secretary to determine eligibility for levee

3 rehabilitation assistance with a view toward amending such

4 standards as needed to make non-Federal levees eligible for

5 assistance that may be necessary as a result of future flood6 ing.

7 (b) LEVEE REHABILITATION.—The Secretary shall ex8 pedite a review to determine the extent to which require9 ments of the Puyallup Tribe of Indians Settlement Act of

10 1989 limited the ability of non-Federal interests to ade11 quately maintain existing non-Federal levees that were

12 damaged by flooding in 1995 and 1996 and, to the extent

13 that such ability was limited by such Act, the Secretary

14 shall carry out the rehabilitation of such levees.

15 SEC. 579. WASHINGTON AQUEDUCT.

16 (a) REGIONAL ENTITY.—

17 (1) IN GENERAL.—Congress encourages the non18 Federal public water supply customers of the Wash19 ington Aqueduct to establish a non-Federal public or

20 private entity, or to enter into an agreement with an

21 existing non-Federal public or private entity, to re22 ceive title to the Washington Aqueduct and to operate,

23 maintain, and manage the Washington Aqueduct in

24 a manner that adequately represents all interests of

25 such customers.
275

•S 640 EAH

1 (2) CONSENT OF CONGRESS.—Congress grants

2 consent to the jurisdictions which are customers of the

3 Washington Aqueduct to establish a non-Federal en4 tity to receive title to the Washington Aqueduct and

5 to operate, maintain, and manage the Washington

6 Aqueduct.

7 (3) LIMITATION ON STATUTORY CONSTRUC8 TION.—Nothing in this subsection shall preclude the

9 jurisdictions referred to in this subsection from pursu10 ing alternative options regarding ownership, oper11 ation, maintenance, and management of the Washing12 ton Aqueduct.

13 (b) PROGRESS REPORT AND PLAN.—Not later than 1

14 year after the date of the enactment of this Act, the Sec15 retary shall transmit to the Committee on Environment

16 and Public Works of the Senate and the Committee on

17 Transportation and Infrastructure of the House of Rep18 resentatives a report on the progress in achieving the objec19 tives of subsection (a) and a plan for the transfer of owner20 ship, operation, maintenance, and management of the

21 Washington Aqueduct to a non-Federal public or private

22 entity. Such plan shall include a transfer of ownership, op23 eration, maintenance, and management of the Washington

24 Aqueduct that is consistent with the provisions of this sec25 tion and a detailed consideration of any proposal to trans-
276

•S 640 EAH

1 fer such ownership or operation, maintenance, or manage2 ment to a private entity.

3 (c) TRANSFER.—

4 (1) IN GENERAL.—Not later than 2 years after

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

6 shall transfer, without consideration but subject to

7 such terms and conditions as the Secretary considers

8 appropriate to protect the interests of the United

9 States and the non-Federal public water supply cus10 tomers, all right, title, and interest of the United

11 States in the Washington Aqueduct, its real property,

12 facilities, equipment, supplies, and personalty—

13 (A) to a non-Federal public or private en14 tity established pursuant to subsection (a); or

15 (B) in the event no entity is established

16 pursuant to subsection (a), a non-Federal public

17 or private entity selected by the Secretary which

18 reflects, to the extent possible, a consensus among

19 the non-Federal public water supply customers.

20 (2) TRANSFEREE SELECTION CRITERIA.—The se21 lection of a non-Federal public or private entity

22 under paragraph (1)(B) shall be based on technical,

23 managerial, and financial capabilities and on con24 sultation with the non-Federal public water supply

25 customers and after opportunity for public input.
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•S 640 EAH

1 (3) ASSUMPTION OF RESPONSIBILITIES.—The

2 entity to whom transfer under paragraph (1) is made

3 shall assume full responsibility for performing and fi4 nancing the operation, maintenance, repair, replace5 ment, rehabilitation, and necessary capital improve6 ments of the Washington Aqueduct so as to ensure the

7 continued operation of the Washington Aqueduct con8 sistent with its intended purpose of providing an un9 interrupted supply of potable water sufficient to meet

10 the current and future needs of the Washington Aque11 duct service area.

12 (4) EXTENSION.—Notwithstanding the 2-year

13 deadline established in paragraph (1), the Secretary

14 may provide a 1-time 6-month extension of such

15 deadline if the Secretary determines that the non-Fed16 eral public water supply customers are making

17 progress in establishing an entity pursuant to sub18 section (a) and that such an extension would likely

19 result in the establishment of such an entity.

20 (d) INTERIM BORROWING AUTHORITY.—

21 (1) IN GENERAL.—Subject to paragraph (2),

22 there is authorized to be appropriated to the Sec23 retary for fiscal years 1997 and 1998 borrowing au24 thority in amounts sufficient to cover those obliga25 tions which the Army Corps of Engineers is required
278

•S 640 EAH

1 to incur in carrying out capital improvements during

2 such fiscal years for the Washington Aqueduct to as3 sure its continued operation until such time as the

4 transfer under subsection (c) has taken place, pro5 vided that such amounts do not exceed $16,000,000

6 for fiscal year 1997 and $54,000,000 for fiscal year

7 1998.

8 (2) TERMS AND CONDITIONS.—The borrowing

9 authority under paragraph (1) shall be provided to

10 the Secretary by the Secretary of the Treasury under

11 such terms and conditions as the Secretary of the

12 Treasury determines to be necessary in the public in13 terest and may be provided only after each of the non14 Federal public water supply customers of the Wash15 ington Aqueduct has entered into a contractual agree16 ment with the Secretary to pay its pro rata share of

17 the costs associated with such borrowing.

18 (3) IMPACT ON IMPROVEMENT PROGRAM.—Not

19 later than 6 months after the date of the enactment

20 of this Act, the Secretary, in consultation with other

21 Federal agencies, shall transmit to the Committee on

22 Environment and Public Works of the Senate and the

23 Committee on Transportation and Infrastructure of

24 the House of Representatives a report that assesses the

25 impact of the borrowing authority provided under
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1 this subsection on near-term improvement projects

2 under the Washington Aqueduct Improvement Pro3 gram, work scheduled during fiscal years 1997 and

4 1998, and the financial liability to be incurred.

5 (e) DEFINITIONS.—For purposes of this section, the fol6 lowing definitions apply:

7 (1) WASHINGTON AQUEDUCT.—The term ‘‘Wash8 ington Aqueduct’’ means the Washington Aqueduct fa9 cilities and related facilities owned by the Federal

10 Government as of the date of the enactment of this

11 Act, including the dams, intake works, conduits, and

12 pump stations that capture and transport raw water

13 from the Potomac River to the Dalecarlia Reservoir,

14 the infrastructure and appurtenances used to treat

15 water taken from the Potomac River by such facilities

16 to potable standards, and related water distributions

17 facilities.

18 (2) NON-FEDERAL PUBLIC WATER SUPPLY CUS19 TOMERS.—The term ‘‘non-Federal public water sup20 ply customers’’ means the District of Columbia, Ar21 lington County, Virginia, and the city of Falls

22 Church, Virginia.
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1 SEC. 580. GREENBRIER RIVER BASIN, WEST VIRGINIA,

2 FLOOD PROTECTION.

3 (a) IN GENERAL.—The Secretary is directed to design

4 and implement a flood damage reduction program for the

5 Greenbrier River Basin, West Virginia, in the vicinity of

6 Durbin, Cass, Marlinton, Renick, Ronceverte, and Alderson

7 as generally presented in the District Engineer’s draft

8 Greenbrier River Basin Study Evaluation Report, dated

9 July 1994, to the extent provided under subsection (b) to

10 afford those communities a level of protection against flood11 ing sufficient to reduce future losses to these communities

12 from the likelihood of flooding such as occurred in November

13 1985, January 1996, and May 1996.

14 (b) FLOOD PROTECTION MEASURES.—The flood dam15 age reduction program referred to in subsection (a) may

16 include the following as the Chief of Engineers determines

17 necessary and advisable in consultation with the commu18 nities referred to in subsection (a)—

19 (1) local protection projects such as levees,

20 floodwalls, channelization, small tributary stream im21 poundments, and nonstructural measures such as in22 dividual flood proofing; and

23 (2) floodplain relocations and resettlement site

24 developments, floodplain evacuations, and a com25 prehensive river corridor and watershed management

26 plan generally in accordance with the District Engi-
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1 neer’s draft Greenbrier River Corridor Management

2 Plan, Concept Study, dated April 1996.

3 (c) CONSIDERATIONS.—For purposes of section 209 of

4 the Flood Control Act of 1970 (84 Stat. 1829), benefits at5 tributable to the national economic development objectives

6 set forth therein shall include all primary, secondary, and

7 tertiary benefits attributable to the flood damage reduction

8 program authorized by this section regardless to whomever

9 they might accrue.

10 (d) AUTHORIZATION OF APPROPRIATIONS.—There is

11 authorized to be appropriated to carry out this section

12 $20,000,000 for fiscal years beginning after September 30,

13 1996.

14 SEC. 581. HUNTINGTON, WEST VIRGINIA.

15 The Secretary may enter into a cooperative agreement

16 with Marshall University, Huntington, West Virginia, to

17 provide technical assistance to the Center for Environ18 mental, Geotechnical and Applied Sciences.

19 SEC. 582. LOWER MUD RIVER, MILTON, WEST VIRGINIA.

20 The Secretary shall review the watershed plan and the

21 environmental impact statement prepared for the Lower

22 Mud River, Milton, West Virginia by the Natural Resources

23 Conservation Service pursuant to the Watershed Protection

24 and Flood Prevention Act (16 U.S.C. 1001 et seq.) and shall

25 carry out the project.
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1 SEC. 583. WEST VIRGINIA AND PENNSYLVANIA FLOOD CON2 TROL.

3 (a) IN GENERAL.—The Secretary shall design and con4 struct flood control measures in the Cheat and Tygart River

5 Basins, West Virginia, and the Lower Allegheny, Lower

6 Monongahela, West Branch Susquehana, and Juanita River

7 Basins, Pennsylvania, at a level of protection sufficient to

8 prevent any future losses to these communities from flooding

9 such as occurred in January 1996, but no less than 100

10 year level of protection.

11 (b) PRIORITY COMMUNITIES.— In implementing this

12 section, the Secretary shall give priority to the communities

13 of Parsons and Rowlesburg, West Virginia, in the Cheat

14 River Basin and Bellington and Phillipi, West Virginia,

15 in the Tygart River Basin, and Connellsville, Pennsylva16 nia, in the Lower Monongahela River Basin, and Benson,

17 Hooversville, Clymer, and New Bethlehem, Pennsylvania,

18 in the Lower Allegheny River Basin, and Patton,

19 Barnesboro, Coalport and Spangler, Pennsylvania, in the

20 West Branch Susquehanna River Basin, and Bedford,

21 Linds Crossings, and Logan Township in the Juniata River

22 Basin.

23 (c) CONSIDERATIONS.—For purposes of section 209 of

24 the Flood Control Act of 1970, benefits attributable to the

25 national economic development objectives set forth in such

26 section shall include all primary, secondary, and tertiary
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1 benefits attributable to the flood control measures authorized

2 by this section regardless of to whom such benefits may ac3 crue.

4 (d) AUTHORIZATION OF APPROPRIATIONS.—There is

5 authorized to be appropriated to carry out this section

6 $20,000,000 for fiscal years beginning after September 30,

7 1996.

8 SEC. 584. EVALUATION OF BEACH MATERIAL.

9 (a) IN GENERAL.—The Secretary and the Secretary of

10 the Interior shall evaluate procedures and requirements

11 used in the selection and approval of materials to be used

12 in the restoration and nourishment of beaches. Such evalua13 tion shall address the potential effects of changing existing

14 procedures and requirements on the implementation of

15 beach restoration and nourishment projects and on the

16 aquatic environment.

17 (b) CONSULTATION.—In conducting the evaluation

18 under this section, the Secretaries shall consult with appro19 priate State agencies.

20 (c) REPORT.—Not later than 6 months after the date

21 of the enactment of this Act, the Secretaries shall transmit

22 a report to Congress on their findings under this section.
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1 SEC. 585. NATIONAL CENTER FOR NANOFABRICATION AND

2 MOLECULAR SELF-ASSEMBLY.

3 (a) IN GENERAL.—The Secretary is authorized to pro4 vide financial assistance for not to exceed 50 percent of the

5 costs of the necessary fixed and movable equipment for a

6 National Center for Nanofabrication and Molecular Self-As7 sembly to be located in Evanston, Illinois.

8 (b) TERMS AND CONDITIONS.—No financial assistance

9 may be provided under this section unless an application

10 is made to the Secretary at such time, in such manner, and

11 containing or accompanied by such information as the Sec12 retary may require.

13 (c) AUTHORIZATION OF APPROPRIATIONS.—There is

14 authorized to be appropriated to carry out this section

15 $7,000,000 for fiscal years beginning after September 30,

16 1996 .

17 SEC. 586. SENSE OF CONGRESS REGARDING ST. LAWRENCE

18 SEAWAY TOLLS.

19 It is the sense of Congress that the President should

20 engage in negotiations with the Government of Canada for

21 the purposes of—

22 (1) eliminating tolls along the St. Lawrence Sea23 way system; and

24 (2) identifying ways to maximize the movement

25 of goods and commerce through the St. Lawrence Sea26 way.
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1 SEC. 587. PRADO DAM, CALIFORNIA.

2 (a) SEPARABLE ELEMENT REVIEW.—

3 (1) REVIEW.—Not later than 6 months after the

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

5 review, in cooperation with the non-Federal interest,

6 the Prado Dam feature of the project for flood control,

7 Santa Ana River Mainstem, California, authorized

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

9 Act of 1986 (100 Stat. 4113), with a view toward de10 termining whether the feature may be considered a

11 separable element, as that term is defined in section

12 103(f) of such Act.

13 (2) MODIFICATION OF COST-SHARING REQUIRE14 MENT.—If the Prado Dam feature is determined to be

15 a separable element under paragraph (1), the Sec16 retary shall reduce the non-Federal cost-sharing re17 quirement for such feature in accordance with section

18 103(a)(3) of the Water Resources Development Act of

19 1986 (33 U.S.C. 2213(a)(3)) and shall enter into a

20 project cooperation agreement with the non-Federal

21 interest to reflect the modified cost-sharing require22 ment and to carry out construction.

23 (b) DAM SAFETY ADJUSTMENT.—Not later than 6

24 months after the date of the enactment of this Act, the Sec25 retary shall determine the estimated costs associated with

26 dam safety improvements that would have been required in
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1 the absence of flood control improvements authorized for the

2 Santa Ana River Mainstem project referred to in subsection

3 (a) and shall reduce the non-Federal share for the Prado

4 Dam feature of such project by an amount equal to the Fed5 eral share of such dam safety improvements, updated to

6 current price levels.

7 SEC. 588. MORGANZA, LOUISIANA TO THE GULF OF MEXICO.

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

9 the environmental, flood control and navigational impacts

10 assoiciated with the construction of a lock structure in the

11 Houma Navigation Canal as an independent feature of the

12 overall flood damage prevention study currently being con13 ducted under the Morganza, Louisiana to the Gulf of Mexico

14 feasibility study. In preparing such study, the Secretary

15 shall consult the South Terrebonne Tidewater Management

16 and Conservation District and consider the District’s Pre17 liminary Design Document, dated February, 1994. Further,

18 the Secretary shall evaluate the findings of the Coastal Wet19 lands Planning, Protection and Restoration Federal Task

20 Force, as authorized by Public Law 101–646, relating to

21 the lock structure.

22 (2) REPORT.—The Secretary shall transmit to Con23 gress a report on the results of the study conducted under

24 paragraph (1), together with recommendations on imme-
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•S 640 EAH

1 diate implementation not later than 6 months after the en2 actment of this Act.

3 TITLE VI—EXTENSION OF EX4 PENDITURE AUTHORITY

5 UNDER HARBOR MAINTE6 NANCE TRUST FUND

7 SEC. 601. EXTENSION OF EXPENDITURE AUTHORITY UNDER

8 HARBOR MAINTENANCE TRUST FUND.

9 Paragraph (1) of section 9505(c) of the Internal Reve10 nue Code of 1986 (relating to expenditures from Harbor

11 Maintenance Trust Fund) is amended to read as follows:

12 ‘‘(1) to carry out section 210 of the Water Re13 sources Development Act of 1986 (as in effect on the

14 date of the enactment of the Water Resources Develop15 ment Act of 1996),’’.

Attest:

Clerk.