104TH CONGRESS

2D SESSION S. 640

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.

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

5 ‘‘Water Resources Development Act of 1996’’.
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1 (b) TABLE OF CONTENTS.—The table of contents of

2 this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Definition of Secretary.

TITLE I—WATER RESOURCES PROJECTS

Sec. 101. Project authorizations.

Sec. 102. Project modifications.

Sec. 103. Project deauthorizations.

Sec. 104. Studies.

TITLE II—PROJECT-RELATED PROVISIONS

Sec. 201. Grand Prairie Region and Bayou Meto Basin, Arkansas.

Sec. 202. Heber Springs, Arkansas.

Sec. 203. Morgan Point, Arkansas.

Sec. 204. White River Basin Lakes, Arkansas and Missouri.

Sec. 205. Central and Southern Florida.

Sec. 206. West Palm Beach, Florida.

Sec. 207. Everglades and South Florida ecosystem restoration.

Sec. 208. Arkansas City and Winfield, Kansas.

Sec. 209. Mississippi River-Gulf Outlet, Louisiana.

Sec. 210. Coldwater River Watershed, Mississippi.

Sec. 211. Periodic maintenance dredging for Greenville Inner Harbor Channel,

Mississippi.

Sec. 212. Sardis Lake, Mississippi.

Sec. 213. Yalobusha River Watershed, Mississippi.

Sec. 214. Libby Dam, Montana.

Sec. 215. Small flood control project, Malta, Montana.

Sec. 216. Cliffwood Beach, New Jersey.

Sec. 217. Fire Island Inlet, New York.

Sec. 218. Queens County, New York.

Sec. 219. Buford Trenton Irrigation District, North Dakota and Montana.

Sec. 220. Jamestown Dam and Pipestem Dam, North Dakota.

Sec. 221. Wister Lake project, LeFlore County, Oklahoma.

Sec. 222. Willamette River, McKenzie Subbasin, Oregon.

Sec. 223. Abandoned and wrecked barge removal, Rhode Island.

Sec. 224. Providence River and Harbor, Rhode Island.

Sec. 225. Cooper Lake and Channels, Texas.

Sec. 226. Rudee Inlet, Virginia Beach, Virginia.

Sec. 227. Virginia Beach, Virginia.

TITLE III—GENERAL PROVISIONS

Sec. 301. Cost-sharing for environmental projects.

Sec. 302. Collaborative research and development.

Sec. 303. National dam safety program.

Sec. 304. Hydroelectric power project uprating.

Sec. 305. Federal lump-sum payments for Federal operation and maintenance

costs.

Sec. 306. Cost-sharing for removal of existing project features.

Sec. 307. Termination of technical advisory committee.

Sec. 308. Conditions for project deauthorizations.
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Sec. 309. Participation in international engineering and scientific conferences.

Sec. 310. Research and development in support of Army civil works program.

Sec. 311. Interagency and international support authority.

Sec. 312. Section 1135 program.

Sec. 313. Environmental dredging.

Sec. 314. Feasibility studies.

Sec. 315. Obstruction removal requirement.

Sec. 316. Levee owners manual.

Sec. 317. Risk-based analysis methodology.

Sec. 318. Sediments decontamination technology.

Sec. 319. Melaleuca tree.

Sec. 320. Faulkner Island, Connecticut.

Sec. 321. Designation of lock and dam at the Red River Waterway, Louisiana.

Sec. 322. Jurisdiction of Mississippi River Commission, Louisiana.

Sec. 323. William Jennings Randolph access road, Garrett County, Maryland.

Sec. 324. Arkabutla Dam and Lake, Mississippi.

Sec. 325. New York State canal system.

Sec. 326. Quonset Point-Davisville, Rhode Island.

Sec. 327. Clouter Creek disposal area, Charleston, South Carolina.

Sec. 328. Nuisance aquatic vegetation in Lake Gaston, Virginia and North

Carolina.

Sec. 329. Washington Aqueduct.

Sec. 330. Chesapeake Bay environmental restoration and protection program.

Sec. 331. Research and development program to improve salmon survival.

Sec. 332. Recreational user fees.

Sec. 333. Shore protection.

Sec. 334. Shoreline erosion control demonstration.

Sec. 335. Review period for State and Federal agencies.

Sec. 336. Dredged material disposal facilities.

Sec. 337. Applicability of cost-sharing provisions.

Sec. 338. Section 215 reimbursement limitation per project.

Sec. 339. Waiver of uneconomical cost-sharing requirement.

Sec. 340. Planning assistance to States.

Sec. 341. Recovery of costs for cleanup of hazardous substances.

Sec. 342. City of North Bonneville, Washington.

Sec. 343. Columbia River Treaty Fishing Access.

Sec. 344. Tri-Cities area, Washington.

Sec. 345. Designation of locks and dams on Tennessee-Tombigbee Waterway.

Sec. 346. Designation of J. Bennett Johnston Waterway.

Sec. 347. Technical corrections.

1 SEC. 2. DEFINITION OF SECRETARY.

2 In this Act, the term ‘‘Secretary’’ means the Sec3 retary of the Army.
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1 TITLE I—WATER RESOURCES

2 PROJECTS

3 SEC. 101. PROJECT AUTHORIZATIONS.

4 (a) PROJECTS WITH REPORTS.—Except as otherwise

5 provided in this subsection, the following projects for

6 water resources development and conservation and other

7 purposes are authorized to be carried out by the Secretary

8 substantially in accordance with the plans, and subject to

9 the conditions, recommended in the respective reports des10 ignated in this subsection:

11 (1) HUMBOLDT HARBOR AND BAY, CALIFOR12 NIA.—The project for navigation, Humboldt Harbor

13 and Bay, California: Report of the Chief of Engi14 neers, dated October 30, 1995, at a total cost of

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

16 $10,116,000 and an estimated non-Federal cost of

17 $5,064,000.

18 (2) MARIN COUNTY SHORELINE, SAN RAFAEL

19 CANAL, CALIFORNIA.—The project for hurricane and

20 storm damage reduction, Marin County Shoreline,

21 San Rafael Canal, California: Report of the Chief of

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

23 of $27,200,000, with an estimated Federal cost of

24 $17,700,000 and an estimated non-Federal cost of

25 $9,500,000.
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1 (3) SAN LORENZO RIVER, CALIFORNIA.—The

2 project for flood control, San Lorenzo River, Califor3 nia: Report of the Chief of Engineers, dated June

4 30, 1994, at a total cost of $16,100,000, with an es5 timated Federal cost of $8,100,000 and an esti6 mated non-Federal cost of $8,000,000 and the habi7 tat restoration, at a total cost of $4,050,000, with

8 an estimated Federal cost of $3,040,000 and an es9 timated non-Federal cost of $1,010,000.

10 (4) SANTA BARBARA HARBOR, SANTA BARBARA

11 COUNTY, CALIFORNIA.—The project for navigation,

12 Santa Barbara Harbor, Santa Barbara, California:

13 Report of the Chief of Engineers, dated April 26,

14 1994, at a total cost of $5,720,000, with an esti15 mated Federal cost of $4,580,000 and an estimated

16 non-Federal cost of $1,140,000.

17 (5) ANACOSTIA RIVER AND TRIBUTARIES, DIS18 TRICT OF COLUMBIA AND MARYLAND.—The project

19 for environmental restoration, Anacostia River and

20 tributaries, District of Columbia and Maryland: Re21 port of the Chief of Engineers, dated October 1994,

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

23 Federal cost of $14,120,000 and an estimated non24 Federal cost of $4,700,000.
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1 (6) PALM VALLEY BRIDGE REPLACEMENT, ST.

2 JOHNS COUNTY, FLORIDA.—The project for naviga3 tion, Palm Valley Bridge, County Road 210, over

4 the Atlantic Intracoastal Waterway in St. Johns

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

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

7 $15,312,000. As a condition of receipt of Federal

8 funds, St. Johns County shall assume full ownership

9 of the replacement bridge, including all associated

10 operation, maintenance, repair, replacement, and re11 habilitation costs.

12 (7) ILLINOIS SHORELINE STORM DAMAGE RE13 DUCTION, WILMETTE TO ILLINOIS AND INDIANA

14 STATE LINE.—The project for lake level flooding and

15 storm damage reduction, extending from Wilmette,

16 Illinois, to the Illinois and Indiana State line: Report

17 of the Chief of Engineers, dated April 14, 1994, at

18 a total cost of $204,000,000, with an estimated Fed19 eral cost of $110,000,000 and an estimated non20 Federal cost of $94,000,000. The Secretary shall re21 imburse the non-Federal interest for the Federal

22 share of any costs that the non-Federal interest in23 curs in constructing the breakwater near the South

24 Water Filtration Plant, Chicago, Illinois.
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1 (8) KENTUCKY LOCK ADDITION, KENTUCKY.—

2 The project for navigation, Kentucky Lock Addition,

3 Kentucky: Report of the Chief of Engineers, dated

4 June 1, 1992, at a total cost of $467,000,000. The

5 construction costs of the project shall be paid—

6 (A) 50 percent from amounts appropriated

7 from the general fund of the Treasury; and

8 (B) 50 percent from amounts appropriated

9 from the Inland Waterways Trust Fund estab10 lished by section 9506 of the Internal Revenue

11 Code of 1986.

12 (9) POND CREEK, KENTUCKY.—The project for

13 flood control, Pond Creek, Kentucky: Report of the

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

15 cost of $16,865,000, with an estimated Federal cost

16 of $11,243,000 and an estimated non-Federal cost

17 of $5,622,000.

18 (10) WOLF CREEK HYDROPOWER, CUM19 BERLAND RIVER, KENTUCKY.—The project for hy20 dropower, Wolf Creek Dam and Lake Cumberland,

21 Kentucky: Report of the Chief of Engineers, dated

22 June 28, 1994, at a total cost of $50,230,000.

23 Funds derived by the Tennessee Valley Authority

24 from the power program of the Authority and funds

25 derived from any private or public entity designated
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1 by the Southeastern Power Administration may be

2 used for all or part of any cost-sharing requirements

3 for the project.

4 (11) PORT FOURCHON, LOUISIANA.—The

5 project for navigation, Port Fourchon, Louisiana:

6 Report of the Chief of Engineers, dated April 7,

7 1995, at a total cost of $2,812,000, with an esti8 mated Federal cost of $2,211,000 and an estimated

9 non-Federal cost of $601,000.

10 (12) WEST BANK HURRICANE PROTECTION

11 LEVEE, JEFFERSON PARISH, LOUISIANA.—The West

12 Bank Hurricane Protection Levee, Jefferson Parish,

13 Louisiana project, authorized by section 401(b) of

14 the Water Resources Development Act of 1986

15 (Public Law 99–662; 100 Stat. 4128), is modified to

16 authorize the Secretary to extend protection to areas

17 east of the Harvey Canal, including an area east of

18 the Algiers Canal: Report of the Chief of Engineers,

19 dated May 1, 1995, at a total cost of $217,000,000,

20 with an estimated Federal cost of $141,400,000 and

21 an estimated non-Federal cost of $75,600,000.

22 (13) STABILIZATION OF NATCHEZ BLUFFS, MIS23 SISSIPPI.—The project for bluff stabilization, Natch24 ez Bluffs, Natchez, Mississippi: Natchez Bluffs

25 Study, dated September 1985, Natchez Bluffs
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1 Study: Supplement I, dated June 1990, and Natchez

2 Bluffs Study: Supplement II, dated December 1993,

3 in the portions of the bluffs described in the reports

4 designated in this paragraph as Clifton Avenue, area

5 3; Bluff above Silver Street, area 6; Bluff above

6 Natchez Under-the-Hill, area 7; and Madison Street

7 to State Street, area 4, at a total cost of

8 $17,200,000, with an estimated Federal cost of

9 $12,900,000 and an estimated non-Federal cost of

10 $4,300,000.

11 (14) WOOD RIVER AT GRAND ISLAND, NE12 BRASKA.—The project for flood control, Wood River

13 at Grand Island, Nebraska: Report of the Chief of

14 Engineers, dated May 3, 1994, at a total cost of

15 $10,500,000, with an estimated Federal cost of

16 $5,250,000 and an estimated non-Federal cost of

17 $5,250,000.

18 (15) ATLANTIC COAST OF LONG ISLAND, NEW

19 YORK.—The project for hurricane and storm damage

20 reduction, Atlantic Coast of Long Island from Jones

21 Inlet to East Rockaway Inlet, Long Beach Island,

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

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

24 an estimated Federal cost of $46,859,000 and an es25 timated non-Federal cost of $25,232,000.
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1 (16) WILMINGTON HARBOR, CAPE FEAR2 NORTHEAST CAPE FEAR RIVERS, NORTH CARO3 LINA.—The project for navigation, Wilmington Har4 bor, Cape Fear-Northeast Cape Fear Rivers, North

5 Carolina: Report of the Chief of Engineers, dated

6 June 24, 1994, at a total cost of $23,290,000, with

7 an estimated Federal cost of $16,955,000 and an es8 timated non-Federal cost of $6,335,000.

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

10 flood control, Duck Creek, Cincinnati, Ohio: Report

11 of the Chief of Engineers, dated June 28, 1994, at

12 a total cost of $15,408,000, with an estimated Fed13 eral cost of $11,556,000 and an estimated non-Fed14 eral cost of $3,852,000.

15 (18) BIG SIOUX RIVER AND SKUNK CREEK AT

16 SIOUX FALLS, SOUTH DAKOTA.—The project for

17 flood control, Big Sioux River and Skunk Creek at

18 Sioux Falls, South Dakota: Report of the Chief of

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

20 $31,600,000, with an estimated Federal cost of

21 $23,600,000 and an estimated non-Federal cost of

22 $8,000,000.

23 (19) HOUSTON-GALVESTON NAVIGATION CHAN24 NELS, TEXAS.—The project for navigation and envi25 ronmental restoration, Houston-Galveston Naviga-
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1 tion Channels, Texas: Report of the Chief of Engi2 neers, dated May 9, 1996, at a total cost of

3 $508,757,000, with an estimated Federal cost of

4 $286,141,000 and an estimated non-Federal cost of

5 $222,616,000.

6 (20) ATLANTIC INTRACOASTAL WATERWAY

7 BRIDGE REPLACEMENT AT GREAT BRIDGE, CHESA8 PEAKE, VIRGINIA.—The project for navigation at

9 Great Bridge, Virginia Highway 168, over the Atlan10 tic Intracoastal Waterway in Chesapeake, Virginia:

11 Report of the Chief of Engineers, dated July 1,

12 1994, at a total cost of $23,680,000, with an esti13 mated Federal cost of $20,341,000 and an esti14 mated non-Federal cost of $3,339,000. The city of

15 Chesapeake shall assume full ownership of the re16 placement bridge, including all associated operation,

17 maintenance, repair, replacement, and rehabilitation

18 costs.

19 (21) MARMET LOCK REPLACEMENT, KANAWHA

20 RIVER, WEST VIRGINIA.—The project for navigation,

21 Marmet Lock Replacement, Marmet Locks and

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

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

24 cost of $229,581,000. The construction costs of the

25 project shall be paid—
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1 (A) 50 percent from amounts appropriated

2 from the general fund of the Treasury; and

3 (B) 50 percent from amounts appropriated

4 from the Inland Waterways Trust Fund estab5 lished by section 9506 of the Internal Revenue

6 Code of 1986.

7 (b) PROJECTS SUBJECT TO FAVORABLE REPORT.—

8 The following projects for water resources development

9 and conservation and other purposes are authorized to be

10 carried out by the Secretary substantially in accordance

11 with the plans, and subject to the conditions, rec12 ommended in a favorable final report (or in the case of

13 the project described in paragraph (6), a favorable fea14 sibility report) of the Chief of Engineers, if the report is

15 completed not later than December 31, 1996:

16 (1) CHIGNIK, ALASKA.—The project for naviga17 tion, Chignik, Alaska, at a total cost of $10,365,000,

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

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

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

21 navigation, Cook Inlet, Alaska, at a total cost of

22 $5,342,000, with an estimated Federal cost of

23 $4,006,000 and an estimated non-Federal cost of

24 $1,336,000.
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1 (3) AMERICAN RIVER WATERSHED, CALIFOR2 NIA.—

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

4 damage reduction, American and Sacramento

5 Rivers, California: Supplemental Information

6 Report for the American River Watershed

7 Project, California, dated March 1996, at a

8 total cost of $57,300,000, with an estimated

9 Federal cost of $42,975,000 and an estimated

10 non-Federal cost of $14,325,000, consisting

11 of—

12 (i) approximately 24 miles of slurry

13 wall in the levees along the lower American

14 River;

15 (ii) approximately 12 miles of levee

16 modifications along the east bank of the

17 Sacramento River downstream from the

18 Natomas Cross Canal;

19 (iii) 3 telemeter streamflow gauges

20 upstream from the Folsom Reservoir; and

21 (iv) modifications to the flood warning

22 system along the lower American River.

23 (B) CREDIT TOWARD NON-FEDERAL

24 SHARE.—The non-Federal interest shall receive

25 credit toward the non-Federal share of project
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1 costs for expenses that the non-Federal interest

2 incurs for design or construction of any of the

3 features authorized under this paragraph before

4 the date on which Federal funds are made

5 available for construction of the project. The

6 amount of the credit shall be determined by the

7 Secretary.

8 (C) INTERIM OPERATION.—Until such time

9 as a comprehensive flood control plan for the

10 American River watershed has been imple11 mented, the Secretary of the Interior shall con12 tinue to operate the Folsom Dam and Reservoir

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

14 flood control storage capacity and shall extend

15 the agreement between the Bureau of Reclama16 tion and the Sacramento Area Flood Control

17 Agency with respect to the watershed.

18 (D) OTHER COSTS.—The non-Federal in19 terest shall be responsible for—

20 (i) all operation, maintenance, repair,

21 replacement, and rehabilitation costs asso22 ciated with the improvements carried out

23 under this paragraph; and
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1 (ii) the costs of the variable flood con2 trol operation of the Folsom Dam and Res3 ervoir.

4 (4) SANTA MONICA BREAKWATER, CALIFOR5 NIA.—The project for hurricane and storm damage

6 reduction, Santa Monica breakwater, California, at a

7 total cost of $6,440,000, with an estimated Federal

8 cost of $4,220,000 and an estimated non-Federal

9 cost of $2,220,000.

10 (5) LOWER SAVANNAH RIVER BASIN, SAVANNAH

11 RIVER, GEORGIA AND SOUTH CAROLINA.—The

12 project for environmental restoration, Lower Savan13 nah River Basin, Savannah River, Georgia and

14 South Carolina, at a total cost of $3,419,000, with

15 an estimated Federal cost of $2,551,000 and an es16 timated non-Federal cost of $868,000.

17 (6) NEW HARMONY, INDIANA.—The project for

18 shoreline erosion protection, Wabash River at New

19 Harmony, Indiana, at a total cost of $2,800,000,

20 with an estimated Federal cost of $2,100,000 and

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

22 (7) CHESAPEAKE AND DELAWARE CANAL,

23 MARYLAND AND DELAWARE.—The project for navi24 gation and safety improvements, Chesapeake and

25 Delaware Canal, Baltimore Harbor channels, Dela-
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1 ware and Maryland, at a total cost of $33,000,000,

2 with an estimated Federal cost of $25,000,000 and

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

4 (8) POPLAR ISLAND, MARYLAND.—The project

5 for beneficial use of clean dredged material in con6 nection with the dredging of Baltimore Harbor and

7 connecting channels, Poplar Island, Maryland, at a

8 total cost of $307,000,000, with an estimated Fed9 eral cost of $230,000,000 and an estimated non10 Federal cost of $77,000,000.

11 (9) LAS CRUCES, NEW MEXICO.—The project

12 for flood damage reduction, Las Cruces, New Mex13 ico, at a total cost of $8,278,000, with an estimated

14 Federal cost of $5,494,000 and an estimated non15 Federal cost of $2,784,000.

16 (10) CAPE FEAR RIVER, NORTH CAROLINA.—

17 The project for navigation, Cape Fear River deepen18 ing, North Carolina, at a total cost of $210,264,000,

19 with an estimated Federal cost of $130,159,000 and

20 an estimated non-Federal cost of $80,105,000.

21 (11) CHARLESTON HARBOR, SOUTH CARO22 LINA.—The project for navigation, Charleston Har23 bor, South Carolina, at a total cost of $116,639,000,

24 with an estimated Federal cost of $72,798,000 and

25 an estimated non-Federal cost of $43,841,000.
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1 SEC. 102. PROJECT MODIFICATIONS.

2 (a) MOBILE HARBOR, ALABAMA.—The undesignated

3 paragraph under the heading ‘‘MOBILE HARBOR, ALA4 BAMA’’ in section 201(a) of the Water Resources Develop5 ment Act of 1986 (Public 99–662; 100 Stat. 4090) is

6 amended by striking the first semicolon and all that fol7 lows and inserting a period and the following: ‘‘In dispos8 ing of dredged material from the project, the Secretary,

9 after compliance with applicable laws and after oppor10 tunity for public review and comment, may consider alter11 natives to disposal of such material in the Gulf of Mexico,

12 including environmentally acceptable alternatives consist13 ing of beneficial uses of dredged material and environ14 mental restoration.’’.

15 (b) SAN FRANCISCO RIVER AT CLIFTON, ARIZONA.—

16 If a favorable final report of the Chief of Engineers is

17 issued not later than December 31, 1996, the project for

18 flood control on the San Francisco River at Clifton, Ari19 zona, authorized by section 101(a)(3) of the Water Re20 sources Development Act of 1990 (Public Law 101–640;

21 104 Stat. 4606), is modified to authorize the Secretary

22 to construct the project at a total cost of $21,100,000,

23 with an estimated Federal cost of $13,800,000 and an es24 timated non-Federal cost of $7,300,000.

25 (c) LOS ANGELES AND LONG BEACH HARBORS, SAN

26 PEDRO BAY, CALIFORNIA.—The project for navigation,
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1 Los Angeles and Long Beach Harbors, San Pedro Bay,

2 California, authorized by section 201 of the Water Re3 sources Development Act of 1986 (Public Law 99–662;

4 100 Stat. 4091), is modified to provide that, for the pur5 pose of section 101(a)(2) of the Act (33 U.S.C.

6 2211(a)(2)), the sewer outfall relocated over a distance of

7 4,458 feet by the Port of Los Angeles at a cost of approxi8 mately $12,000,000 shall be considered to be a relocation.

9 (d) OAKLAND HARBOR, CALIFORNIA.—The projects

10 for navigation, Oakland Outer Harbor, California, and

11 Oakland Inner Harbor, California, authorized by section

12 202(a) of the Water Resources Development Act of 1986

13 (Public Law 99–662; 100 Stat. 4092), are modified to

14 combine the 2 projects into 1 project, to be designated

15 as the Oakland Harbor, California, project. The Oakland

16 Harbor, California, project shall be carried out by the Sec17 retary substantially in accordance with the plans and sub18 ject to the conditions recommended in the reports des19 ignated for the projects in the section, except that the non20 Federal share of project cost and any available credits to21 ward the non-Federal share shall be calculated on the

22 basis of the total cost of the combined project. The total

23 cost of the combined project is $102,600,000, with an esti24 mated Federal cost of $64,120,000 and an estimated non25 Federal cost of $38,480,000.
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1 (e) BROWARD COUNTY, FLORIDA.—

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

3 periodic beach nourishment for the Broward County,

4 Florida, Hillsborough Inlet to Port Everglades (Seg5 ment II), shore protection project, authorized by sec6 tion 301 of the River and Harbor Act of 1965 (Pub7 lic Law 89–298; 79 Stat. 1090), through the year

8 2020. The beach nourishment shall be carried out in

9 accordance with the recommendations of the section

10 934 study and reevaluation report for the project

11 carried out under section 156 of the Water Re12 sources Development Act of 1976 (42 U.S.C.

13 1962d–5f) and approved by the Chief of Engineers

14 by memorandum dated June 9, 1995.

15 (2) COSTS.—The total cost of the activities re16 quired under this subsection shall not exceed

17 $15,457,000, of which the Federal share shall not

18 exceed $9,846,000.

19 (f) CANAVERAL HARBOR, FLORIDA.—The project for

20 navigation, Canaveral Harbor, Florida, authorized by sec21 tion 101(7) of the Water Resources Development Act of

22 1992 (Public Law 102–580; 106 Stat. 4802), is modified

23 to authorize the Secretary to reclassify the removal and

24 replacement of stone protection on both sides of the chan25 nel as general navigation features of the project subject
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1 to cost sharing in accordance with section 101(a) of the

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

3 2211(a)). The Secretary may reimburse the non-Federal

4 interests for such costs incurred by the non-Federal inter5 ests in connection with the removal and replacement as

6 the Secretary determines are in excess of the non-Federal

7 share of the costs of the project required under the sec8 tion.

9 (g) FORT PIERCE, FLORIDA.—The Secretary shall

10 provide periodic beach nourishment for the Fort Pierce

11 beach erosion control project, St. Lucie County, Florida,

12 authorized by section 301 of the River and Harbor Act

13 of 1965 (Public Law 89–298; 79 Stat. 1092), through the

14 year 2020.

15 (h) TYBEE ISLAND, GEORGIA.—The Secretary shall

16 provide periodic beach nourishment for a period of up to

17 50 years for the project for beach erosion control, Tybee

18 Island, Georgia, constructed under section 201 of the

19 Flood Control Act of 1965 (42 U.S.C. 1962d–5).

20 (i) NORTH BRANCH OF CHICAGO RIVER, ILLINOIS.—

21 The project for flood control for the North Branch of the

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

23 Water Resources Development Act of 1986 (Public Law

24 99–662; 100 Stat. 4115), is modified to authorize the Sec25 retary to carry out the project substantially in accordance
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1 with the post authorization change report for the project

2 dated March 1994, at a total cost of $34,228,000, with

3 an estimated Federal cost of $20,905,000 and an esti4 mated non-Federal cost of $13,323,000.

5 (j) HALSTEAD, KANSAS.—The project for flood con6 trol, Halstead, Kansas, authorized by section 401(a) of the

7 Water Resources Development Act of 1986 (Public Law

8 99–662; 100 Stat. 4116), is modified to authorize the Sec9 retary to construct the project substantially in accordance

10 with the post authorization change report for the project

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

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

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

14 (k) BAPTISTE COLLETTE BAYOU, LOUISIANA.—The

15 project for navigation, Mississippi River Outlets, Venice,

16 Louisiana, authorized by section 101 of the River and

17 Harbor Act of 1968 (Public Law 90–483; 82 Stat. 731),

18 is modified to provide for the extension of the 16-foot deep

19 (mean low gulf) by 250-foot wide Baptiste Collette Bayou

20 entrance channel to approximately mile 8 of the Mis21 sissippi River Gulf Outlet navigation channel at a total

22 estimated Federal cost of $80,000, including $4,000 for

23 surveys and $76,000 for Coast Guard aids to navigation.

24 (l) COMITE RIVER, LOUISIANA.—If a favorable final

25 report of the Chief of Engineers is issued not later than
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1 December 31, 1996, the Comite River diversion project

2 for flood control authorized as part of the project for flood

3 control, Amite River and Tributaries, Louisiana, by sec4 tion 101(11) of the Water Resources Development Act of

5 1992 (Public Law 102–580; 106 Stat. 4802), is modified

6 to authorize the Secretary to construct the project at a

7 total cost of $121,600,000, with an estimated Federal cost

8 of $70,577,000 and an estimated non-Federal cost of

9 $51,023,000.

10 (m) MISSISSIPPI RIVER SHIP CHANNEL, GULF TO

11 BATON ROUGE, LOUISIANA.—The project for navigation,

12 Mississippi River Ship Channel, Gulf to Baton Rouge,

13 Louisiana, authorized by the matter under the heading

14 ‘‘CORPS OF ENGINEERS—CIVIL’’ under the heading ‘‘DE15 PARTMENT OF DEFENSE—CIVIL’’ in chapter IV of

16 title I of the Supplemental Appropriations Act, 1985 (99

17 Stat. 313), is modified to require the Secretary, as part

18 of the operations and maintenance segment of the project,

19 to assume responsibility for periodic maintenance dredging

20 of the Chalmette Slip to a depth of minus 33 feet mean

21 low gulf, if the Secretary determines that the project modi22 fication is economically justified, environmentally accept23 able, and consistent with other Federal policies.

24 (n) RED RIVER WATERWAY, MISSISSIPPI RIVER TO

25 SHREVEPORT, LOUISIANA.—The project for navigation,
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1 Red River Waterway, Mississippi River to Shreveport,

2 Louisiana, authorized by section 101 of the River and

3 Harbor Act of 1968 (Public Law 90–483; 82 Stat. 731),

4 is modified to require the Secretary to dredge and perform

5 other related work as required to reestablish and maintain

6 access to, and the environmental value of, the bendway

7 channels designated for preservation in project docu8 mentation prepared before the date of enactment of this

9 Act. The work shall be carried out in accordance with the

10 local cooperation requirements for other navigation fea11 tures of the project.

12 (o) WESTWEGO TO HARVEY CANAL, LOUISIANA.—If

13 a favorable post authorization change report is issued not

14 later than December 31, 1996, the project for hurricane

15 damage prevention and flood control, Westwego to Harvey

16 Canal, Louisiana, authorized by section 401(b) of the

17 Water Resources Development Act of 1986 (Public Law

18 99–662; 100 Stat. 4128), is modified to include the Lake

19 Cataouatche area levee as part of the project at a total

20 cost of $14,375,000, with an estimated Federal cost of

21 $9,344,000 and an estimated non-Federal cost of

22 $5,031,000.

23 (p) TOLCHESTER CHANNEL, MARYLAND.—The

24 project for navigation, Baltimore Harbor and Channels,

25 Maryland, authorized by section 101 of the River and
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1 Harbor Act of 1958 (Public Law 85–500; 72 Stat. 297),

2 is modified to direct the Secretary—

3 (1) to expedite review of potential straightening

4 of the channel at the Tolchester Channel S-Turn;

5 and

6 (2) if before December 31, 1996, it is deter7 mined to be feasible and necessary for safe and effi8 cient navigation, to implement the straightening as

9 part of project maintenance.

10 (q) STILLWATER, MINNESOTA.—Not later than 1

11 year after the date of enactment of this Act, the Secretary

12 shall prepare a design memorandum for the project au13 thorized by section 363 of the Water Resources Develop14 ment Act of 1992 (Public Law 102–580; 106 Stat. 4861).

15 The design memorandum shall include an evaluation of

16 the Federal interest in construction of that part of the

17 project that includes the secondary flood wall, but shall

18 not include an evaluation of the reconstruction and exten19 sion of the levee system for which construction is sched20 uled to commence in 1996. If the Secretary determines

21 that there is such a Federal interest, the Secretary shall

22 construct the secondary flood wall, or the most feasible

23 alternative, at a total project cost of not to exceed

24 $11,600,000. The Federal share of the cost shall be 75

25 percent.
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1 (r) CAPE GIRARDEAU, MISSOURI.—The project for

2 flood control, Cape Girardeau, Jackson Metropolitan Area,

3 Missouri, authorized by section 401(a) of the Water Re4 sources Development Act of 1986 (Public Law 99–662;

5 100 Stat. 4118–4119), is modified to authorize the Sec6 retary to carry out the project, including the implementa7 tion of nonstructural measures, at a total cost of

8 $44,700,000, with an estimated Federal cost of

9 $32,600,000 and an estimated non-Federal cost of

10 $12,100,000.

11 (s) FLAMINGO AND TROPICANA WASHES, NEVADA.—

12 The project for flood control, Las Vegas Wash and Tribu13 taries (Flamingo and Tropicana Washes), Nevada, author14 ized by section 101(13) of the Water Resources Develop15 ment Act of 1992 (Public Law 102–580; 106 Stat. 4803),

16 is modified to provide that the Secretary shall reimburse

17 the non-Federal sponsors (or other appropriate non-Fed18 eral interests) for the Federal share of any costs that the

19 non-Federal sponsors (or other appropriate non-Federal

20 interests) incur in carrying out the project consistent with

21 the project cooperation agreement entered into with re22 spect to the project.

23 (t) NEWARK, NEW JERSEY.—The project for flood

24 control, Passaic River Main Stem, New Jersey and New

25 York, authorized by paragraph (18) of section 101(a) of
26

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1 the Water Resources Development Act of 1990 (Public

2 Law 101–640; 104 Stat. 4607) (as amended by section

3 102(p) of the Water Resources Development Act of 1992

4 (Public Law 102–580; 106 Stat. 4807)), is modified to

5 separate the project element described in subparagraph

6 (B) of the paragraph. The project element shall be consid7 ered to be a separate project and shall be carried out in

8 accordance with the subparagraph.

9 (u) ACEQUIAS IRRIGATION SYSTEM, NEW MEXICO.—

10 The second sentence of section 1113(b) of the Water Re11 sources Development Act of 1986 (Public Law 99–662;

12 100 Stat. 4232) is amended by inserting before the period

13 at the end the following: ‘‘, except that the Federal share

14 of scoping and reconnaissance work carried out by the

15 Secretary under this section shall be 100 percent’’.

16 (v) WILMINGTON HARBOR-NORTHEAST CAPE FEAR

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

18 Wilmington Harbor-Northeast Cape Fear River, North

19 Carolina, authorized by section 202(a) of the Water Re20 sources Development Act of 1986 (Public Law 99–662;

21 100 Stat. 4095), is modified to authorize the Secretary

22 to construct the project substantially in accordance with

23 the general design memorandum for the project dated

24 April 1990 and the general design memorandum supple25 ment for the project dated February 1994, at a total cost
27

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1 of $50,921,000, with an estimated Federal cost of

2 $25,128,000 and an estimated non-Federal cost of

3 $25,793,000.

4 (w) BROKEN BOW LAKE, RED RIVER BASIN, OKLA5 HOMA.—The project for flood control and water supply,

6 Broken Bow Lake, Red River Basin, Oklahoma, author7 ized by section 203 of the Flood Control Act of 1958

8 (Public Law 85–500; 72 Stat. 309) and modified by sec9 tion 203 of the Flood Control Act of 1962 (Public Law

10 87–874; 76 Stat. 1187) and section 102(v) of the Water

11 Resources Development Act of 1992 (Public Law 102–

12 580; 106 Stat. 4808), is further modified to provide for

13 the reallocation of a sufficient quantity of water supply

14 storage space in Broken Bow Lake to support the Moun15 tain Fork trout fishery. Releases of water from Broken

16 Bow Lake for the Mountain Fork trout fishery as mitiga17 tion for the loss of fish and wildlife resources in the Moun18 tain Fork River shall be carried out at no expense to the

19 State of Oklahoma.

20 (x) COLUMBIA RIVER DREDGING, OREGON AND

21 WASHINGTON.—The project for navigation, Lower Wil22 lamette and Columbia Rivers below Vancouver, Washing23 ton and Portland, Oregon, authorized by the first section

24 of the Act entitled ‘‘An Act making appropriations for the

25 construction, repair, preservation, and completion of cer-
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1 tain public works on rivers and harbors, and for other pur2 poses’’, approved June 18, 1878 (20 Stat. 157), is modi3 fied to direct the Secretary—

4 (1) to conduct channel simulation and to carry

5 out improvements to the deep draft channel between

6 the mouth of the river and river mile 34, at a cost

7 not to exceed $2,400,000; and

8 (2) to conduct overdepth and advance mainte9 nance dredging that is necessary to maintain author10 ized channel dimensions.

11 (y) GRAYS LANDING, LOCK AND DAM 7,

12 MONONGAHELA RIVER, PENNSYLVANIA.—The project for

13 navigation, Lock and Dam 7 Replacement, Monongahela

14 River, Pennsylvania, authorized by section 301(a) of the

15 Water Resources Development Act of 1986 (Public Law

16 99–662; 100 Stat. 4110), is modified to authorize the Sec17 retary to carry out the project in accordance with the post

18 authorization change report for the project dated Septem19 ber 1, 1995, at a total Federal cost of $181,000,000.

20 (z) SAW MILL RUN, PENNSYLVANIA.—The project

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

22 authorized by section 401(a) of the Water Resources De23 velopment Act of 1986 (Public Law 99–662; 100 Stat.

24 4124), is modified to authorize the Secretary to carry out

25 the project substantially in accordance with the post au-
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1 thorization change and general reevaluation report for the

2 project, dated April 1994, at a total cost of $12,780,000,

3 with an estimated Federal cost of $9,585,000 and an esti4 mated non-Federal cost of $3,195,000.

5 (aa) WYOMING VALLEY, PENNSYLVANIA.—The

6 project for flood control, Wyoming Valley, Pennsylvania,

7 authorized by section 401(a) of the Water Resources De8 velopment Act of 1986 (Public Law 99–662; 100 Stat.

9 4124), is modified to authorize the Secretary—

10 (1) to include as part of the construction of the

11 project mechanical and electrical upgrades to

12 stormwater pumping stations in the Wyoming Val13 ley; and

14 (2) to carry out mitigation measures that the

15 Secretary is otherwise authorized to carry out but

16 that the general design memorandum for phase II of

17 the project, as approved by the Assistant Secretary

18 of the Army having responsibility for civil works on

19 February 15, 1996, provides will be carried out for

20 credit by the non-Federal interest with respect to

21 the project.

22 (bb) ALLENDALE DAM, NORTH PROVIDENCE,

23 RHODE ISLAND.—The project for reconstruction of the

24 Allendale Dam, North Providence, Rhode Island, author25 ized by section 358 of the Water Resources Development
30

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1 Act of 1992 (Public Law 102–580; 106 Stat. 4861), is

2 modified to authorize the Secretary to reconstruct the

3 dam, at a total cost of $350,000, with an estimated Fed4 eral cost of $262,500 and an estimated non-Federal cost

5 of $87,500.

6 (cc) INDIA POINT RAILROAD BRIDGE, SEEKONK

7 RIVER, PROVIDENCE, RHODE ISLAND.—The first sen8 tence of section 1166(c) of the Water Resources Develop9 ment Act of 1986 (Public Law 99–662; 100 Stat. 4258)

10 is amended—

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

12 ‘‘$1,300,000’’; and

13 (2) by striking ‘‘$250,000’’ each place it ap14 pears and inserting ‘‘$650,000’’.

15 (dd) CORPUS CHRISTI SHIP CHANNEL, CORPUS

16 CHRISTI, TEXAS.—The project for navigation, Corpus

17 Christi Ship Channel, Corpus Christi, Texas, authorized

18 by the first section of the Act entitled ‘‘An Act authorizing

19 the construction, repair, and preservation of certain public

20 works on rivers and harbors, and for other purposes’’, ap21 proved September 22, 1922 (42 Stat. 1039), is modified

22 to include the Rincon Canal system as a part of the Fed23 eral project that shall be maintained at a depth of 12 feet,

24 if the Secretary determines that the project modification
31

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1 is economically justified, environmentally acceptable, and

2 consistent with other Federal policies.

3 (ee) DALLAS FLOODWAY EXTENSION, DALLAS,

4 TEXAS.—The flood protection works constructed by the

5 non-Federal interest along the Trinity River in Dallas,

6 Texas, for Rochester Park and the Central Wastewater

7 Treatment Plant shall be included as a part of the plan

8 implemented for the Dallas Floodway Extension compo9 nent of the Trinity River, Texas, project authorized by

10 section 301 of the River and Harbor Act of 1965 (Public

11 Law 89–298; 79 Stat. 1091). The cost of the works shall

12 be credited toward the non-Federal share of project costs

13 without regard to further economic analysis of the works.

14 (ff) MATAGORDA SHIP CHANNEL, PORT LAVACA,

15 TEXAS.—The project for navigation, Matagorda Ship

16 Channel, Port Lavaca, Texas, authorized by section 101

17 of the River and Harbor Act of 1958 (Public Law 85–

18 500; 72 Stat. 298), is modified to require the Secretary

19 to assume responsibility for the maintenance of the Point

20 Comfort Turning Basin Expansion Area to a depth of 36

21 feet, as constructed by the non-Federal interests. The

22 modification described in the preceding sentence shall be

23 considered to be in the public interest and to be economi24 cally justified.
32

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1 (gg) UPPER JORDAN RIVER, UTAH.—The project for

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

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

4 Act of 1990 (Public Law 101–640; 104 Stat. 4610), is

5 modified to authorize the Secretary to carry out the

6 project substantially in accordance with the general design

7 memorandum for the project dated March 1994, and the

8 post authorization change report for the project dated

9 April 1994, at a total cost of $12,870,000, with an esti10 mated Federal cost of $8,580,000 and an estimated non11 Federal cost of $4,290,000.

12 (hh) GRUNDY, VIRGINIA.—The Secretary shall pro13 ceed with planning, engineering, design, and construction

14 of the Grundy, Virginia, element of the Levisa and Tug

15 Forks of the Big Sandy River and Upper Cumberland

16 River project, authorized by section 202 of the Energy and

17 Water Development Appropriation Act, 1981 (Public Law

18 96–367; 94 Stat. 1339), in accordance with Plan 3A as

19 set forth in the preliminary draft detailed project report

20 of the Huntington District Commander, dated August

21 1993.

22 (ii) HAYSI DAM, VIRGINIA AND KENTUCKY.—

23 (1) IN GENERAL.—The Secretary shall con24 struct the Haysi Dam feature of the project author25 ized by section 202 of the Energy and Water Devel-
33

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1 opment Appropriation Act, 1981 (Public Law 96–

2 367; 94 Stat. 1339), substantially in accordance

3 with Plan A as set forth in the preliminary draft

4 general plan supplement report of the Huntington

5 District Engineer for the Levisa Fork Basin, Vir6 ginia and Kentucky, dated May 1995.

7 (2) RECREATIONAL COMPONENT.—The non8 Federal interest shall be responsible for not more

9 than 50 percent of the costs associated with the con10 struction and implementation of the recreational

11 component of the Haysi Dam feature.

12 (3) OPERATION AND MAINTENANCE.—

13 (A) IN GENERAL.—Subject to subpara14 graph (B), operation and maintenance of the

15 Haysi Dam feature shall be carried out by the

16 Secretary.

17 (B) PAYMENT OF COSTS.—The non-Fed18 eral interest shall be responsible for 100 per19 cent of all costs associated with the operation

20 and maintenance.

21 (4) ABILITY TO PAY.—Notwithstanding any

22 other provision of law, the Secretary shall apply sec23 tion 103(m) of the Water Resources Development

24 Act of 1986 (33 U.S.C. 2213(m)) to the construc25 tion of the Haysi Dam feature in the same manner
34

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1 as section 103(m) of the Act is applied to other

2 projects or project features constructed under sec3 tion 202 of the Energy and Water Development Ap4 propriation Act, 1981 (Public Law 96–367; 94 Stat.

5 1339).

6 (jj) PETERSBURG, WEST VIRGINIA.—The project for

7 flood control, Petersburg, West Virginia, authorized by

8 section 101(a)(26) of the Water Resources Development

9 Act of 1990 (Public Law 101–640; 104 Stat. 4611), is

10 modified to authorize the Secretary to construct the

11 project at a total cost of not to exceed $26,600,000, with

12 an estimated Federal cost of $19,195,000 and an esti13 mated non-Federal cost of $7,405,000.

14 (kk) TETON COUNTY, WYOMING.—Section 840 of the

15 Water Resources Development Act of 1986 (Public Law

16 99–662; 100 Stat. 4176) is amended—

17 (1) by striking ‘‘Secretary: Provided, That’’ and

18 inserting the following: ‘‘Secretary. In carrying out

19 this section, the Secretary may enter into agree20 ments with the non-Federal sponsors permitting the

21 non-Federal sponsors to provide operation and main22 tenance for the project on a cost-reimbursable basis.

23 The’’;

24 (2) by inserting ‘‘, through providing in-kind

25 services or’’ after ‘‘$35,000’’; and
35

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1 (3) by inserting a comma after ‘‘materials’’.

2 SEC. 103. PROJECT DEAUTHORIZATIONS.

3 (a) BRANFORD HARBOR, CONNECTICUT.—

4 (1) IN GENERAL.—The 2,267 square foot por5 tion of the project for navigation in the Branford

6 River, Branford Harbor, Connecticut, authorized by

7 the Act entitled ‘‘An Act making appropriations for

8 the construction, repair, and preservation of certain

9 public works on rivers and harbors, and for other

10 purposes’’, approved June 13, 1902 (32 Stat. 333),

11 lying shoreward of a line described in paragraph (2),

12 is deauthorized.

13 (2) DESCRIPTION OF LINE.—The line referred

14 to in paragraph (1) is described as follows: begin15 ning at a point on the authorized Federal navigation

16 channel line the coordinates of which are

17 N156,181.32, E581,572.38, running thence south

18 70 degrees, 11 minutes, 8 seconds west a distance

19 of 171.58 feet to another point on the authorized

20 Federal navigation channel line the coordinates of

21 which are N156,123.16, E581,410.96.

22 (b) BRIDGEPORT HARBOR, CONNECTICUT.—

23 (1) ANCHORAGE AREA.—The portion of the

24 project for navigation, Bridgeport Harbor, Connecti25 cut, authorized by section 101 of the River and Har-
36

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1 bor Act of 1958 (Public Law 85–500; 72 Stat. 297),

2 consisting of a 2-acre anchorage area with a depth

3 of 6 feet at the head of Johnsons River between the

4 Federal channel and Hollisters Dam, is deauthor5 ized.

6 (2) JOHNSONS RIVER CHANNEL.—The portion

7 of the project for navigation, Johnsons River Chan8 nel, Bridgeport Harbor, Connecticut, authorized by

9 the first section of the Act entitled ‘‘An Act author10 izing the construction, repair, and preservation of

11 certain public works on rivers and harbors, and for

12 other purposes’’, approved July 24, 1946 (60 Stat.

13 634), that is northerly of a line across the Federal

14 channel the coordinates of which are north

15 123318.35, east 486301.68, and north 123257.15,

16 east 486380.77, is deauthorized.

17 (c) GUILFORD HARBOR, CONNECTICUT.—

18 (1) IN GENERAL.—The portion of the project

19 for navigation, Guilford Harbor, Connecticut, au20 thorized by the Act entitled ‘‘An Act authorizing the

21 construction, repair, and preservation of certain pub22 lic works on rivers and harbors, and for other pur23 poses’’, approved March 2, 1945 (59 Stat. 13), that

24 consists of the 6-foot deep channel in Sluice Creek

25 and that is not included in the description of the re-
37

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1 aligned channel set forth in paragraph (2) is de2 authorized.

3 (2) DESCRIPTION OF REALIGNED CHANNEL.—

4 The realigned channel referred to in paragraph (1)

5 is described as follows: starting at a point where the

6 Sluice Creek Channel intersects with the main en7 trance channel, N159194.63, E623201.07, thence

8 running north 24 degrees, 58 minutes, 15.2 seconds

9 west 478.40 feet to a point N159628.31,

10 E622999.11, thence running north 20 degrees, 18

11 minutes, 31.7 seconds west 351.53 feet to a point

12 N159957.99, E622877.10, thence running north 69

13 degrees, 41 minutes, 37.9 seconds east 55.00 feet to

14 a point N159977.08, E622928.69, thence turning

15 and running south 20 degrees, 18 minutes, 31.0 sec16 onds east 349.35 feet to a point N159649.45,

17 E623049.94, thence turning and running south 24

18 degrees, 58 minutes, 11.1 seconds east 341.36 feet

19 to a point N159340.00, E623194.04, thence turning

20 and running south 90 degrees, 0 minutes, 0 seconds

21 east 78.86 feet to a point N159340.00, E623272.90.

22 (d) NORWALK HARBOR, CONNECTICUT.—

23 (1) IN GENERAL.—The following portions of

24 projects for navigation, Norwalk Harbor, Connecti25 cut, are deauthorized:
38

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1 (A) The portion authorized by the Act en2 titled ‘‘An Act making appropriations for the

3 construction, repair, and preservation of certain

4 public works on rivers and harbors, and for

5 other purposes’’, approved March 2, 1919 (40

6 Stat. 1276), that lies northerly of a line across

7 the Federal channel having coordinates

8 N104199.72, E417774.12 and N104155.59,

9 E417628.96.

10 (B) The portions of the 6-foot deep East

11 Norwalk Channel and Anchorage, authorized by

12 the Act entitled ‘‘An Act authorizing the con13 struction, repair, and preservation of certain

14 public works on rivers and harbors, and for

15 other purposes’’, approved March 2, 1945 (59

16 Stat. 13), that are not included in the descrip17 tion of the realigned channel and anchorage set

18 forth in paragraph (2).

19 (2) DESCRIPTION OF REALIGNED CHANNEL

20 AND ANCHORAGE.—The realigned 6-foot deep East

21 Norwalk Channel and Anchorage referred to in

22 paragraph (1)(B) is described as follows: starting at

23 a point on the East Norwalk Channel, N95743.02,

24 E419581.37, thence running northwesterly about

25 463.96 feet to a point N96197.93, E419490.18,
39

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1 thence running northwesterly about 549.32 feet to a

2 point N96608.49, E419125.23, thence running

3 northwesterly about 384.06 feet to a point

4 N96965.94, E418984.75, thence running northwest5 erly about 407.26 feet to a point N97353.87,

6 E418860.78, thence running westerly about 58.26

7 feet to a point N97336.26, E418805.24, thence run8 ning northwesterly about 70.99 feet to a point

9 N97390.30, E418759.21, thence running westerly

10 about 71.78 feet to a point on the anchorage limit

11 N97405.26, E418689.01, thence running southerly

12 along the western limits of the Federal anchorage in

13 existence on the date of enactment of this Act until

14 reaching a point N95893.74, E419449.17, thence

15 running in a southwesterly direction about 78.74

16 feet to a point on the East Norwalk Channel

17 N95815.62, E419439.33.

18 (3) DESIGNATION OF REALIGNED CHANNEL

19 AND ANCHORAGE.—All of the realigned channel shall

20 be redesignated as an anchorage, with the exception

21 of the portion of the channel that narrows to a width

22 of 100 feet and terminates at a line the coordinates

23 of which are N96456.81, E419260.06 and

24 N96390.37, E419185.32, which shall remain as a

25 channel.
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1 (e) SOUTHPORT HARBOR, CONNECTICUT.—

2 (1) IN GENERAL.—The following portions of the

3 project for navigation, Southport Harbor, Connecti4 cut, authorized by the first section of the Act enti5 tled ‘‘An Act authorizing the construction, repair,

6 and preservation of certain public works on rivers

7 and harbors, and for other purposes’’, approved Au8 gust 30, 1935 (49 Stat. 1029), are deauthorized:

9 (A) The 6-foot deep anchorage located at

10 the head of the project.

11 (B) The portion of the 9-foot deep channel

12 beginning at a bend in the channel the coordi13 nates of which are north 109131.16, east

14 452653.32, running thence in a northeasterly

15 direction about 943.01 feet to a point the co16 ordinates of which are north 109635.22, east

17 453450.31, running thence in a southeasterly

18 direction about 22.66 feet to a point the coordi19 nates of which are north 109617.15, east

20 453463.98, running thence in a southwesterly

21 direction about 945.18 feet to the point of be22 ginning.

23 (2) REMAINDER.—The portion of the project

24 referred to in paragraph (1) that is remaining after

25 the deauthorization made by the paragraph and that
41

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1 is northerly of a line the coordinates of which are

2 north 108699.15, east 452768.36, and north

3 108655.66, east 452858.73, is redesignated as an

4 anchorage.

5 (f) STONY CREEK, CONNECTICUT.—The following

6 portion of the project for navigation, Stony Creek, Con7 necticut, authorized under section 107 of the River and

8 Harbor Act of 1960 (33 U.S.C. 577), located in the 6-

9 foot deep maneuvering basin, is deauthorized: beginning

10 at coordinates N157,031.91, E599,030.79, thence run11 ning northeasterly about 221.16 feet to coordinates

12 N157,191.06, E599,184.37, thence running northerly

13 about 162.60 feet to coordinates N157,353.56,

14 E599,189.99, thence running southwesterly about 358.90

15 feet to the point of beginning.

16 (g) THAMES RIVER, CONNECTICUT.—

17 (1) MODIFICATION.—The project for naviga18 tion, Thames River, Connecticut, authorized by the

19 first section of the Act entitled ‘‘An Act authorizing

20 the construction, repair, and preservation of certain

21 public works on rivers and harbors, and for other

22 purposes’’, approved August 30, 1935 (49 Stat.

23 1029), is modified to reconfigure the turning basin

24 in accordance with the following alignment: begin25 ning at a point on the eastern limit of the existing
42

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1 project, N251052.93, E783934.59, thence running

2 north 5 degrees, 25 minutes, 21.3 seconds east

3 341.06 feet to a point, N251392.46, E783966.82,

4 thence running north 47 degrees, 24 minutes, 14.0

5 seconds west 268.72 feet to a point, N251574.34,

6 E783769.00, thence running north 88 degrees, 41

7 minutes, 52.2 seconds west 249.06 feet to a point,

8 N251580.00, E783520.00, thence running south 46

9 degrees, 16 minutes, 22.9 seconds west 318.28 feet

10 to a point, N251360.00, E783290.00, thence run11 ning south 19 degrees, 1 minute, 32.2 seconds east

12 306.76 feet to a point, N251070.00, E783390.00,

13 thence running south 45 degrees, 0 minutes, 0 sec14 onds, east 155.56 feet to a point, N250960.00,

15 E783500.00 on the existing western limit.

16 (2) PAYMENT FOR INITIAL DREDGING.—Any

17 required initial dredging of the widened portions

18 identified in paragraph (1) shall be carried out at no

19 cost to the Federal Government.

20 (3) DEAUTHORIZATION.—The portions of the

21 turning basin that are not included in the reconfig22 ured turning basin described in paragraph (1) are

23 deauthorized.

24 (h) EAST BOOTHBAY HARBOR, MAINE.—The follow25 ing portion of the navigation project for East Boothbay
43

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1 Harbor, Maine, authorized by the first section of the Act

2 of June 25, 1910 (36 Stat. 631, chapter 382) (commonly

3 referred to as the ‘‘River and Harbor Act of 1910’’), con4 taining approximately 1.15 acres and described in accord5 ance with the Maine State Coordinate System, West Zone,

6 is deauthorized:

7 Beginning at a point noted as point number 6

8 and shown as having plan coordinates of North 9,

9 722, East 9, 909 on the plan entitled, ‘‘East

10 Boothbay Harbor, Maine, examination, 8-foot area’’,

11 and dated August 9, 1955, Drawing Number F1251

12 D–6–2, said point having Maine State Coordinate

13 System, West Zone coordinates of Northing 74514,

14 Easting 698381; and

15 Thence, North 58 degrees, 12 minutes, 30 sec16 onds East a distance of 120.9 feet to a point; and

17 Thence, South 72 degrees, 21 minutes, 50 sec18 onds East a distance of 106.2 feet to a point; and

19 Thence, South 32 degrees, 04 minutes, 55 sec20 onds East a distance of 218.9 feet to a point; and

21 Thence, South 61 degrees, 29 minutes, 40 sec22 onds West a distance of 148.9 feet to a point; and

23 Thence, North 35 degrees, 14 minutes, 12 sec24 onds West a distance of 87.5 feet to a point; and
44

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1 Thence, North 78 degrees, 30 minutes, 58 sec2 onds West a distance of 68.4 feet to a point; and

3 Thence, North 27 degrees, 11 minutes, 39 sec4 onds West a distance of 157.3 feet to the point of

5 beginning.

6 (i) YORK HARBOR, MAINE.—The following portions

7 of the project for navigation, York Harbor, Maine, author8 ized by section 101 of the River and Harbor Act of 1960

9 (Public Law 86–645; 74 Stat. 480), are deauthorized:

10 (1) The portion located in the 8-foot deep an11 chorage area beginning at coordinates N109340.19,

12 E372066.93, thence running north 65 degrees, 12

13 minutes, 10.5 seconds east 423.27 feet to a point

14 N109517.71, E372451.17, thence running north 28

15 degrees, 42 minutes, 58.3 seconds west 11.68 feet to

16 a point N109527.95, E372445.56, thence running

17 south 63 degrees, 37 minutes, 24.6 seconds west

18 422.63 feet to the point of beginning.

19 (2) The portion located in the 8-foot deep an20 chorage area beginning at coordinates N108557.24,

21 E371645.88, thence running south 60 degrees, 41

22 minutes, 17.2 seconds east 484.51 feet to a point

23 N108320.04, E372068.36, thence running north 29

24 degrees, 12 minutes, 53.3 seconds east 15.28 feet to

25 a point N108333.38, E372075.82, thence running
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1 north 62 degrees, 29 minutes, 42.1 seconds west

2 484.73 feet to the point of beginning.

3 (j) COHASSET HARBOR, MASSACHUSETTS.—The fol4 lowing portions of the project for navigation, Cohasset

5 Harbor, Massachusetts, authorized by section 2 of the Act

6 entitled ‘‘An Act authorizing the construction, repair, and

7 preservation of certain public works on rivers and harbors,

8 and for other purposes’’, approved March 2, 1945 (59

9 Stat. 12), or carried out pursuant to section 107 of the

10 River and Harbor Act of 1960 (33 U.S.C. 577), are de11 authorized: a 7-foot deep anchorage and a 6-foot deep an12 chorage; beginning at site 1, beginning at a point

13 N453510.15, E792664.63, thence running south 53 de14 grees 07 minutes 05.4 seconds west 307.00 feet to a point

15 N453325.90, E792419.07, thence running north 57 de16 grees 56 minutes 36.8 seconds west 201.00 feet to a point

17 N453432.58, E792248.72, thence running south 88 de18 grees 57 minutes 25.6 seconds west 50.00 feet to a point

19 N453431.67, E792198.73, thence running north 01 de20 gree 02 minutes 52.3 seconds west 66.71 feet to a point

21 N453498.37, E792197.51, thence running north 69 de22 grees 12 minutes 52.3 seconds east 332.32 feet to a point

23 N453616.30, E792508.20, thence running south 55 de24 grees 50 minutes 24.1 seconds east 189.05 feet to point

25 of origin; then site 2, beginning at a point, N452886.64,
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1 E791287.83, thence running south 00 degrees 00 minutes

2 00.0 seconds west 56.04 feet to a point, N452830.60,

3 E791287.83, thence running north 90 degrees 00 minutes

4 00.0 seconds west 101.92 feet to a point, N452830.60,

5 E791185.91, thence running north 52 degrees 12 minutes

6 49.7 seconds east 89.42 feet to a point, N452885.39,

7 E791256.58, thence running north 87 degrees 42 minutes

8 33.8 seconds east 31.28 feet to point of origin; and site

9 3, beginning at a point, N452261.08, E792040.24, thence

10 running north 89 degrees 07 minutes 19.5 seconds east

11 118.78 feet to a point, N452262.90, E792159.01, thence

12 running south 43 degrees 39 minutes 06.8 seconds west

13 40.27 feet to a point, N452233.76, E792131.21, thence

14 running north 74 degrees 33 minutes 29.1 seconds west

15 94.42 feet to a point, N452258.90, E792040.20, thence

16 running north 01 degree 03 minutes 04.3 seconds east

17 2.18 feet to point of origin.

18 (k) FALL RIVER HARBOR, MASSACHUSETTS AND

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

20 Harbor, Massachusetts and Rhode Island, authorized by

21 section 101 of the River and Harbor Act of 1968 (Public

22 Law 90–483; 82 Stat. 731), is modified to provide that

23 alteration of the drawspan of the Brightman Street Bridge

24 to provide a channel width of 300 feet shall not be re25 quired after the date of enactment of this Act.
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1 (l) COCHECO RIVER, NEW HAMPSHIRE.—

2 (1) IN GENERAL.—The portion of the project

3 for navigation, Cocheco River, New Hampshire, au4 thorized by the first section of the Act entitled ‘‘An

5 Act making appropriations for the construction, re6 pair, and preservation of certain public works on riv7 ers and harbors, and for other purposes’’, approved

8 September 19, 1890 (26 Stat. 436), and consisting

9 of a 7-foot deep channel that lies northerly of a line

10 the coordinates of which are N255292.31,

11 E713095.36, and N255334.51, E713138.01, is de12 authorized.

13 (2) MAINTENANCE DREDGING.—Not later than

14 18 months after the date of enactment of this Act,

15 the Secretary shall perform maintenance dredging

16 for the remaining authorized portions of the Federal

17 navigation channel under the project described in

18 paragraph (1) to restore authorized channel dimen19 sions.

20 (m) MORRISTOWN HARBOR, NEW YORK.—The por21 tion of the project for navigation, Morristown Harbor,

22 New York, authorized by the first section of the Act enti23 tled ‘‘An Act authorizing the construction, repair, and

24 preservation of certain public works on rivers and harbors,

25 and for other purposes’’, approved January 21, 1927 (44
48

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1 Stat. 1014), that lies north of the northern boundary of

2 Morris Street extended is deauthorized.

3 (n) OSWEGATCHIE RIVER, OGDENSBURG, NEW

4 YORK.—The portion of the Federal channel in the

5 Oswegatchie River in Ogdensburg, New York, from the

6 southernmost alignment of the Route 68 bridge, upstream

7 to the northernmost alignment of the Lake Street bridge,

8 is deauthorized.

9 (o) APPONAUG COVE, RHODE ISLAND.—The follow10 ing portion of the project for navigation, Apponaug Cove,

11 Rhode Island, authorized by section 101 of the River and

12 Harbor Act of 1960 (Public Law 86–645; 74 Stat. 480),

13 consisting of the 6-foot deep channel, is deauthorized: be14 ginning at a point, N223269.93, E513089.12, thence run15 ning northwesterly to a point N223348.31, E512799.54,

16 thence running southwesterly to a point N223251.78,

17 E512773.41, thence running southeasterly to a point

18 N223178.00, E513046.00, thence running northeasterly

19 to the point of beginning.

20 (p) KICKAPOO RIVER, WISCONSIN.—

21 (1) PROJECT MODIFICATION.—The project for

22 flood control and allied purposes, Kickapoo River,

23 Wisconsin, authorized by section 203 of the Flood

24 Control Act of 1962 (Public Law 87–874; 76 Stat.

25 1190), as modified by section 814 of the Water Re-
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1 sources Development Act of 1986 (Public Law 99–

2 662; 100 Stat. 4169), is further modified as pro3 vided by this subsection.

4 (2) TRANSFERS OF PROPERTY.—

5 (A) TRANSFER TO STATE OF WISCON6 SIN.—Subject to the requirements of this para7 graph, the Secretary shall transfer to the State

8 of Wisconsin, without consideration, all right,

9 title, and interest of the United States in and

10 to the lands described in subparagraph (E), in11 cluding all works, structures, and other im12 provements to the lands, but excluding lands

13 transferred under subparagraph (B).

14 (B) TRANSFER TO SECRETARY OF THE IN15 TERIOR.—Subject to the requirements of this

16 paragraph, on the date of the transfer under

17 subparagraph (A), the Secretary shall transfer

18 to the Secretary of the Interior, without consid19 eration, all right, title, and interest of the Unit20 ed States in and to lands that are culturally

21 and religiously significant sites of the Ho22 Chunk Nation (a federally recognized Indian

23 tribe) and are located within the lands de24 scribed in subparagraph (E). The lands shall be

25 described in accordance with subparagraph
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1 (C)(ii)(I) and may not exceed a total of 1,200

2 acres.

3 (C) TERMS AND CONDITIONS.—

4 (i) IN GENERAL.—The Secretary shall

5 make the transfers under subparagraphs

6 (A) and (B) only if—

7 (I) the State of Wisconsin enters

8 into a written agreement with the Sec9 retary to hold the United States

10 harmless from all claims arising from

11 or through the operation of lands and

12 improvements subject to the transfer

13 under subparagraph (A); and

14 (II) on or before October 30,

15 1997, the State of Wisconsin enters

16 into and submits to the Secretary a

17 memorandum of understanding, as

18 specified in clause (ii), with the tribal

19 organization (as defined in section 4

20 of the Indian Self-Determination and

21 Education Assistance Act (25 U.S.C.

22 450b) of the Ho-Chunk Nation.

23 (ii) MEMORANDUM OF UNDERSTAND24 ING.—The memorandum of understanding
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1 referred to in clause (i)(II) shall contain,

2 at a minimum, the following:

3 (I) A description of sites and as4 sociated lands to be transferred to the

5 Secretary of the Interior under sub6 paragraph (B).

7 (II) An agreement specifying that

8 the lands transferred under subpara9 graphs (A) and (B) shall be preserved

10 in a natural state and developed only

11 to the extent necessary to enhance

12 outdoor recreational and educational

13 opportunities.

14 (III) An agreement specifying the

15 terms and conditions of a plan for the

16 management of the lands to be trans17 ferred under subparagraphs (A) and

18 (B).

19 (IV) A provision requiring a re20 view of the plan referred to in sub21 clause (III) to be conducted every 10

22 years under which the State of Wis23 consin, acting through the Kickapoo

24 Valley Governing Board, and the Ho25 Chunk Nation may agree to revisions
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1 of the plan in order to address

2 changed circumstances on the lands

3 transferred under subparagraphs (A)

4 and (B). The provision may include a

5 plan for the transfer to the Secretary

6 of the Interior of any additional site

7 discovered to be culturally and reli8 giously significant to the Ho-Chunk

9 Nation.

10 (V) An agreement preventing or

11 limiting the public disclosure of the lo12 cation or existence of each site of par13 ticular cultural or religious signifi14 cance to the Ho-Chunk Nation, if

15 public disclosure would jeopardize the

16 cultural or religious integrity of the

17 site.

18 (D) ADMINISTRATION OF LANDS.—The

19 lands transferred to the Secretary of the Inte20 rior under subparagraph (B), and any lands

21 transferred to the Secretary of the Interior

22 under the memorandum of understanding en23 tered into under subparagraph (C), or under

24 any revision of the memorandum of understand25 ing agreed to under subparagraph (C)(ii)(IV),
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1 shall be held in trust by the United States for,

2 and added to and administered as part of the

3 reservation of, the Ho-Chunk Nation.

4 (E) LAND DESCRIPTION.—The lands re5 ferred to in subparagraphs (A) and (B) are the

6 approximately 8,569 acres of land associated

7 with the LaFarge Dam and Lake portion of the

8 project referred to in paragraph (1) in Vernon

9 County, Wisconsin, in the following sections:

10 (i) Section 31, Township 14 North,

11 Range 1 West of the 4th Principal Merid12 ian.

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

14 17, 20, and 21, Township 13 North,

15 Range 2 West of the 4th Principal Merid16 ian.

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

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

19 14 North, Range 2 West of the 4th Prin20 cipal Meridian.

21 (3) TRANSFER OF FLOWAGE EASEMENTS.—The

22 Secretary shall transfer to the owner of the servient

23 estate, without consideration, all right, title, and in24 terest of the United States in and to each flowage

25 easement acquired as part of the project referred to
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1 in paragraph (1) within Township 14 North, Range

2 2 West of the 4th Principal Meridian, Vernon Coun3 ty, Wisconsin.

4 (4) DEAUTHORIZATION.—The LaFarge Dam

5 and Lake portion of the project referred to in para6 graph (1) is not authorized after the date of the

7 transfers under paragraph (2).

8 (5) INTERIM MANAGEMENT AND MAINTE9 NANCE.—The Secretary shall continue to manage

10 and maintain the LaFarge Dam and Lake portion

11 of the project referred to in paragraph (1) until the

12 date of the transfers under paragraph (2).

13 SEC. 104. STUDIES.

14 (a) RED RIVER, ARKANSAS.—The Secretary shall—

15 (1) conduct a study to determine the feasibility

16 of carrying out a project to permit navigation on the

17 Red River in southwest Arkansas; and

18 (2) in conducting the study, analyze regional

19 economic benefits that were not included in the lim20 ited economic analysis contained in the reconnais21 sance report for the project dated November 1995.

22 (b) BEAR CREEK DRAINAGE, SAN JOAQUIN COUNTY,

23 CALIFORNIA.—The Secretary shall conduct a review of the

24 Bear Creek Drainage, San Joaquin County, California,

25 flood control project, authorized by section 10 of the Act
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1 entitled ‘‘An Act authorizing the construction of certain

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

3 for other purposes’’, approved December 22, 1944 (58

4 Stat. 901), to develop a comprehensive plan for additional

5 flood damage reduction measures for the city of Stockton,

6 California, and surrounding areas.

7 (c) LAKE ELSINORE, RIVERSIDE COUNTY, CALIFOR8 NIA.—Not later than 18 months after the date of enact9 ment of this Act, the Secretary shall—

10 (1) conduct a study of the advisability of modi11 fying, for the purpose of flood control pursuant to

12 section 205 of the Flood Control Act of 1948 (33

13 U.S.C. 701s), the Lake Elsinore, Riverside County,

14 California, flood control project, for water conserva15 tion storage up to an elevation of 1,249 feet above

16 mean sea level; and

17 (2) report to Congress on the study, including

18 making recommendations concerning the advisability

19 of so modifying the project.

20 (d) LONG BEACH, CALIFORNIA.—The Secretary shall

21 review the feasibility of navigation improvements at Long

22 Beach Harbor, California, including widening and deepen23 ing of the navigation channel, as provided for in section

24 201(b) of the Water Resources Development Act of 1986

25 (Public Law 99–662; 100 Stat. 4091). The Secretary shall
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1 complete the report not later than 1 year after the date

2 of enactment of this Act.

3 (e) MORMON SLOUGH/CALAVERAS RIVER, CALIFOR4 NIA.—The Secretary shall conduct a review of the Mormon

5 Slough/Calaveras River, California, flood control project,

6 authorized by section 10 of the Act entitled ‘‘An Act au7 thorizing the construction of certain public works on rivers

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

9 approved December 22, 1944 (58 Stat. 902), to develop

10 a comprehensive plan for additional flood damage reduc11 tion measures for the city of Stockton, California, and sur12 rounding areas.

13 (f) MURRIETA CREEK, RIVERSIDE COUNTY, CALI14 FORNIA.—The Secretary shall review the completed fea15 sibility study of the Riverside County Flood Control and

16 Water Conservation District, including identified alter17 natives, concerning Murrieta Creek from Temecula to

18 Wildomar, Riverside County, California, to determine the

19 Federal interest in participating in a project for flood con20 trol.

21 (g) PINE FLAT DAM FISH AND WILDLIFE HABITAT

22 RESTORATION, CALIFORNIA.—The Secretary shall study

23 the feasibility of fish and wildlife habitat improvement

24 measures identified for further study by the Pine Flat
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1 Dam Fish and Wildlife Habitat Restoration Investigation

2 Reconnaissance Report.

3 (h) WEST DADE, FLORIDA.—The Secretary shall

4 conduct a reconnaissance study to determine the Federal

5 interest in using the West Dade, Florida, reuse facility

6 to increase the supply of surface water to the Everglades

7 in order to enhance fish and wildlife habitat.

8 (i) SAVANNAH RIVER BASIN COMPREHENSIVE

9 WATER RESOURCES STUDY.—

10 (1) IN GENERAL.—The Secretary shall conduct

11 a comprehensive study to address the current and

12 future needs for flood damage prevention and reduc13 tion, water supply, and other related water resources

14 needs in the Savannah River Basin.

15 (2) SCOPE.—The scope of the study shall be

16 limited to an analysis of water resources issues that

17 fall within the traditional civil works missions of the

18 Army Corps of Engineers.

19 (3) COORDINATION.—Notwithstanding para20 graph (2), the Secretary shall ensure that the study

21 is coordinated with the Environmental Protection

22 Agency and the ongoing watershed study by the

23 Agency of the Savannah River Basin.

24 (j) BAYOU BLANC, CROWLEY, LOUISIANA.—The Sec25 retary shall conduct a reconnaissance study to determine
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1 the Federal interest in the construction of a bulkhead sys2 tem, consisting of either steel sheet piling with tiebacks

3 or concrete, along the embankment of Bayou Blanc, Crow4 ley, Louisiana, in order to alleviate slope failures and ero5 sion problems in a cost-effective manner.

6 (k) HACKBERRY INDUSTRIAL SHIP CHANNEL PARK,

7 LOUISIANA.—The Secretary shall incorporate the area of

8 Hackberry, Louisiana, as part of the overall study of the

9 Lake Charles ship channel, bypass channel, and general

10 anchorage area in Louisiana, to explore the possibility of

11 constructing additional anchorage areas.

12 (l) CITY OF NORTH LAS VEGAS, CLARK COUNTY,

13 NEVADA.—The Secretary shall conduct a reconnaissance

14 study to determine the Federal interest in channel im15 provements in channel A of the North Las Vegas Wash

16 in the city of North Las Vegas, Nevada, for the purpose

17 of flood control.

18 (m) LOWER LAS VEGAS WASH WETLANDS, CLARK

19 COUNTY, NEVADA.—The Secretary shall conduct a study

20 to determine the feasibility of the restoration of wetlands

21 in the Lower Las Vegas Wash, Nevada, for the purposes

22 of erosion control and environmental restoration.

23 (n) NORTHERN NEVADA.—The Secretary shall con24 duct reconnaissance studies, in the State of Nevada, of—
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1 (1) the Humboldt River, and the tributaries

2 and outlets of the river;

3 (2) the Truckee River, and the tributaries and

4 outlets of the river;

5 (3) the Carson River, and the tributaries and

6 outlets of the river; and

7 (4) the Walker River, and the tributaries and

8 outlets of the river;

9 in order to determine the Federal interest in flood control,

10 environmental restoration, conservation of fish and wild11 life, recreation, water conservation, water quality, and

12 toxic and radioactive waste.

13 (o) BUFFALO HARBOR, NEW YORK.—The Secretary

14 shall determine the feasibility of excavating the inner har15 bor and constructing the associated bulkheads in Buffalo

16 Harbor, New York.

17 (p) COEYMANS, NEW YORK.—The Secretary shall

18 conduct a reconnaissance study to determine the Federal

19 interest in reopening the secondary channel of the Hudson

20 River in the town of Coeymans, New York, which has been

21 narrowed by silt as a result of the construction of

22 Coeymans middle dike by the Army Corps of Engineers.

23 (q) SHINNECOCK INLET, NEW YORK.—Not later

24 than 2 years after the date of enactment of this Act, the

25 Secretary shall conduct a reconnaissance study in
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1 Shinnecock Inlet, New York, to determine the Federal in2 terest in constructing a sand bypass system, or other ap3 propriate alternative, for the purposes of allowing sand to

4 flow in the natural east-to-west pattern of the sand and

5 preventing the further erosion of the beaches west of the

6 inlet and the shoaling of the inlet.

7 (r) KILL VAN KULL AND NEWARK BAY CHANNELS,

8 NEW YORK AND NEW JERSEY.—The Secretary shall con9 tinue engineering and design in order to complete the

10 navigation project at Kill Van Kull and Newark Bay

11 Channels, New York and New Jersey, authorized to be

12 constructed in the Supplemental Appropriations Act, 1985

13 (Public Law 99–88; 99 Stat. 313), and section 202(a) of

14 the Water Resources Development Act of 1986 (Public

15 Law 99–662; 100 Stat. 4095), described in the general

16 design memorandum for the project, and approved in the

17 Report of the Chief of Engineers dated December 14,

18 1981.

19 (s) COLUMBIA SLOUGH, OREGON.—Not later than 2

20 years after the date of enactment of this Act, the Sec21 retary shall complete a feasibility study for the ecosystem

22 restoration project at Columbia Slough, Oregon, as re23 ported in the August 1993 Revised Reconnaissance Study.

24 The study shall be a demonstration study done in coordi25 nation with the Environmental Protection Agency.
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1 (t) WILLAMETTE RIVER, OREGON.—The Secretary

2 shall conduct a study to determine the Federal interest

3 in carrying out a nonstructural flood control project along

4 the Willamette River, Oregon, for the purposes of flood5 plain and ecosystem restoration.

6 (u) LACKAWANNA RIVER AT SCRANTON, PENN7 SYLVANIA.—Not later than 90 days after the date of en8 actment of this Act, the Secretary shall—

9 (1) review the report entitled ‘‘Report of the

10 Chief of Engineers: Lackawanna River at Scranton,

11 Pennsylvania’’, dated June 29, 1992, to determine

12 whether changed conditions in the Diamond Plot

13 and Green Ridge sections, Scranton, Pennsylvania,

14 would result in an economically justified flood dam15 age reduction project at those locations; and

16 (2) submit to Congress a report on the results

17 of the review.

18 (v) CHARLESTON, SOUTH CAROLINA.—The Secretary

19 shall conduct a study of the Charleston, South Carolina,

20 estuary area located in Charleston, Berkeley, and Dor21 chester Counties, South Carolina, for the purpose of evalu22 ating environmental conditions in the tidal reaches of the

23 Ashley, Cooper, Stono, and Wando Rivers and the lower

24 portions of Charleston Harbor.
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1 (w) OAHE DAM TO LAKE SHARPE, SOUTH DA2 KOTA.—Not later than 2 years after the date of enactment

3 of this Act, the Secretary shall—

4 (1) conduct a study to determine the feasibility

5 of sediment removal and control in the area of the

6 Missouri River downstream of Oahe Dam through

7 the upper reaches of Lake Sharpe, including the

8 lower portion of the Bad River, South Dakota;

9 (2) develop a comprehensive sediment removal

10 and control plan for the area—

11 (A) based on the assessment by the study

12 of the dredging, estimated costs, and time re13 quired to remove sediment from affected areas

14 in Lake Sharpe;

15 (B)(i) based on the identification by the

16 study of high erosion areas in the Bad River

17 channel; and

18 (ii) including recommendations and related

19 costs for such of the areas as are in need of

20 stabilization and restoration; and

21 (C)(i) based on the identification by the

22 study of shoreline erosion areas along Lake

23 Sharpe; and

24 (ii) including recommended options for the

25 stabilization and restoration of the areas;
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1 (3) use other non-Federal engineering analyses

2 and related studies in determining the feasibility of

3 sediment removal and control as described in para4 graph (1); and

5 (4) credit the costs of the non-Federal engineer6 ing analyses and studies referred to in paragraphs

7 (2) and (3) toward the non-Federal share of the fea8 sibility study conducted under paragraph (1).

9 (x) MUSTANG ISLAND, CORPUS CHRISTI, TEXAS.—

10 The Secretary shall conduct a study of navigation along

11 the south-central coast of Texas near Corpus Christi for

12 the purpose of determining the feasibility of constructing

13 and maintaining the Packery Channel on the southern

14 portion of Mustang Island.

15 (y) ASHLEY CREEK, UTAH.—The Secretary is au16 thorized to study the feasibility of undertaking a project

17 for fish and wildlife restoration at Ashley Creek, near Ver18 nal, Utah.

19 (z) PRINCE WILLIAM COUNTY, VIRGINIA.—The Sec20 retary shall conduct a study of flooding, erosion, and other

21 water resource problems in Prince William County, Vir22 ginia, including an assessment of the wetland protection,

23 erosion control, and flood damage reduction needs of the

24 county.
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1 (aa) PACIFIC REGION.—The Secretary shall conduct

2 studies in the interest of navigation in the part of the Pa3 cific Region that includes American Samoa, Guam, and

4 the Commonwealth of the Northern Mariana Islands. For

5 the purpose of this subsection, the cost-sharing require6 ments of section 105 of the Water Resources Development

7 Act of 1986 (33 U.S.C. 2215) shall apply.

8 (bb) MORGANZA, LOUISIANA TO THE GULF OF MEX9 ICO.—

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

11 study of the environmental, flood control and naviga12 tional impacts associated with the construction of a

13 lock structure in the Houma Navigation Canal as an

14 independent feature of the overall flood damage pre15 vention study currently being conducted under the

16 Morganza, Louisiana to the Gulf of Mexico feasibil17 ity study. In preparing such study, the Secretary

18 shall consult the South Terrebonne Tidewater Man19 agement and Conservation District and consider the

20 District’s Preliminary Design Document, dated Feb21 ruary 1994. Further, the Secretary shall evaluate

22 the findings of the Coastal Wetlands Planning, Pro23 tection and Restoration Federal Task Force, as au24 thorized by Public Law 101–646, relating to the lock

25 structure.
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1 (2) REPORT.—The Secretary shall transmit to

2 Congress a report on the results of the study con3 ducted under paragraph (1), together with rec4 ommendations on immediate implementation not

5 later than 6 months after the enactment of this Act.

6 TITLE II—PROJECT-RELATED

7 PROVISIONS

8 SEC. 201. GRAND PRAIRIE REGION AND BAYOU METO

9 BASIN, ARKANSAS.

10 The project for flood control and water supply, Grand

11 Prairie Region and Bayou Meto Basin, Arkansas, author12 ized by section 204 of the Flood Control Act of 1950 (64

13 Stat. 174) and deauthorized under section 1001(b)(1) of

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

15 579a(b)(1)), is authorized to be carried out by the Sec16 retary if, not later than 1 year after the date of enactment

17 of this Act, the Secretary submits a report to Congress

18 that—

19 (1) describes necessary modifications to the

20 project that are consistent with the functions of the

21 Army Corps of Engineers; and

22 (2) contains recommendations concerning which

23 Federal agencies (such as the Natural Resources

24 Conservation Service, the United States Fish and

25 Wildlife Service, the Bureau of Reclamation, and the
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1 United States Geological Survey) are most appro2 priate to have responsibility for carrying out the

3 project.

4 SEC. 202. HEBER SPRINGS, ARKANSAS.

5 (a) IN GENERAL.—The Secretary shall enter into an

6 agreement with the city of Heber Springs, Arkansas, to

7 provide 3,522 acre-feet of water supply storage in Greers

8 Ferry Lake, Arkansas, for municipal and industrial pur9 poses, at no cost to the city.

10 (b) NECESSARY FACILITIES.—The city of Heber

11 Springs shall be responsible for 100 percent of the costs

12 of construction, operation, and maintenance of any intake,

13 transmission, treatment, or distribution facility necessary

14 for utilization of the water supply.

15 (c) ADDITIONAL WATER SUPPLY STORAGE.—Any

16 additional water supply storage required after the date of

17 enactment of this Act shall be contracted for and reim18 bursed by the city of Heber Springs, Arkansas.

19 SEC. 203. MORGAN POINT, ARKANSAS.

20 The Secretary shall accept as in-kind contributions

21 for the project at Morgan Point, Arkansas—

22 (1) the items described as fish and wildlife fa23 cilities and land in the Morgan Point Broadway Clo24 sure Structure modification report for the project,

25 dated February 1994; and
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1 (2) fish stocking activities carried out by the

2 non-Federal interests for the project.

3 SEC. 204. WHITE RIVER BASIN LAKES, ARKANSAS AND MIS4 SOURI.

5 The project for flood control and power generation

6 at White River Basin Lakes, Arkansas and Missouri, au7 thorized by section 4 of the Act entitled ‘‘An Act authoriz8 ing the construction of certain public works on rivers and

9 harbors for flood control, and for other purposes’’, ap10 proved June 28, 1938 (52 Stat. 1218), shall include recre11 ation and fish and wildlife mitigation as purposes of the

12 project, to the extent that the purposes do not adversely

13 impact flood control, power generation, or other author14 ized purposes of the project.

15 SEC. 205. CENTRAL AND SOUTHERN FLORIDA.

16 The project for Central and Southern Florida, au17 thorized by section 203 of the Flood Control Act of 1968

18 (Public Law 90–483; 82 Stat. 740), is modified, subject

19 to the availability of appropriations, to authorize the Sec20 retary to implement the recommended plan of improve21 ment contained in a report entitled ‘‘Central and Southern

22 Florida Project, Final Integrated General Reevaluation

23 Report and Environmental Impact Statement, Canal 111

24 (C–111), South Dade County, Florida’’, dated May 1994

25 (including acquisition of such portions of the Frog Pond
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1 and Rocky Glades areas as are needed for the project),

2 at a total cost of $156,000,000. The Federal share of the

3 cost of implementing the plan of improvement shall be 50

4 percent. The Secretary of the Interior shall pay 25 percent

5 of the cost of acquiring such portions of the Frog Pond

6 and Rocky Glades areas as are needed for the project,

7 which amount shall be included in the Federal share. The

8 non-Federal share of the operation and maintenance costs

9 of the improvements undertaken pursuant to this section

10 shall be 100 percent, except that the Federal Government

11 shall reimburse the non-Federal interest in an amount

12 equal to 60 percent of the costs of operating and maintain13 ing pump stations that pump water into Taylor Slough

14 in Everglades National Park.

15 SEC. 206. WEST PALM BEACH, FLORIDA.

16 The project for flood protection of West Palm Beach,

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

18 Control Act of 1962 (Public Law 87–874; 76 Stat. 1183),

19 is modified to provide for the construction of an enlarged

20 stormwater detention area, Storm Water Treatment Area

21 1 East, generally in accordance with the plan of improve22 ments described in the February 15, 1994, report entitled

23 ‘‘Everglades Protection Project, Palm Beach County,

24 Florida, Conceptual Design’’, prepared by Burns and

25 McDonnell, and as further described in detailed design
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1 documents to be approved by the Secretary. The addi2 tional work authorized by this section shall be accom3 plished at full Federal cost in recognition of the water sup4 ply benefits accruing to the Loxahatchee National Wildlife

5 Refuge and the Everglades National Park and in recogni6 tion of the statement in support of the Everglades restora7 tion effort set forth in the document signed by the Sec8 retary of the Interior and the Secretary in July 1993. Op9 eration and maintenance of the stormwater detention area

10 shall be consistent with regulations prescribed by the Sec11 retary for the Central and Southern Florida project, with

12 all costs of the operation and maintenance work borne by

13 non-Federal interests.

14 SEC. 207. EVERGLADES AND SOUTH FLORIDA ECOSYSTEM

15 RESTORATION.

16 (a) DEFINITIONS.—In this section:

17 (1) DEVELOP.—The term ‘‘develop’’ means any

18 preconstruction or land acquisition planning activity.

19 (2) SOUTH FLORIDA ECOSYSTEM.—The term

20 ‘‘South Florida ecosystem’’ means the Florida Ever21 glades restoration area that includes lands and wa22 ters within the boundary of the South Florida Water

23 Management District, the Florida Keys, and the

24 near-shore coastal waters of South Florida.
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1 (3) TASK FORCE.—The term ‘‘Task Force’’

2 means the South Florida Ecosystem Restoration

3 Task Force established by subsection (c).

4 (b) SOUTH FLORIDA ECOSYSTEM RESTORATION.—

5 (1) MODIFICATIONS TO CENTRAL AND SOUTH6 ERN FLORIDA PROJECT.—

7 (A) DEVELOPMENT.—The Secretary shall,

8 if necessary, develop modifications to the

9 project for Central and Southern Florida, au10 thorized by section 203 of the Flood Control

11 Act of 1948 (62 Stat. 1176), to restore, pre12 serve, and protect the South Florida ecosystem

13 and to provide for the water-related needs of

14 the region.

15 (B) CONCEPTUAL PLAN.—

16 (i) IN GENERAL.—The modifications

17 under subparagraph (A) shall be set forth

18 in a conceptual plan prepared in accord19 ance with clause (ii) and adopted by the

20 Task Force (referred to in this section as

21 the ‘‘conceptual plan’’).

22 (ii) BASIS FOR CONCEPTUAL PLAN.—

23 The conceptual plan shall be based on the

24 recommendations specified in the draft re25 port entitled ‘‘Conceptual Plan for the
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1 Central and Southern Florida Project Re2 study’’, published by the Governor’s Com3 mission for a Sustainable South Florida

4 and dated June 4, 1996.

5 (C) INTEGRATION OF OTHER ACTIVI6 TIES.—Restoration, preservation, and protec7 tion of the South Florida ecosystem shall in8 clude a comprehensive science-based approach

9 that integrates ongoing Federal and State ef10 forts, including—

11 (i) the project for the ecosystem res12 toration of the Kissimmee River, Florida,

13 authorized by section 101 of the Water Re14 sources Development Act of 1992 (Public

15 Law 102–580; 106 Stat. 4802);

16 (ii) the project for flood protection,

17 West Palm Beach Canal, Florida (canal

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

19 Flood Control Act of 1962 (Public Law

20 87–874; 76 Stat. 1183), as modified by

21 section 205 of this Act;

22 (iii) the project for modifications to

23 improve water deliveries into Everglades

24 National Park authorized by section 104 of

25 the Everglades National Park Protection
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1 and Expansion Act of 1989 (16 U.S.C.

2 410r–8);

3 (iv) the project for Central and South4 ern Florida authorized by section 203 of

5 the Flood Control Act of 1968 (Public Law

6 90–483; 82 Stat. 740), as modified by sec7 tion 204 of this Act;

8 (v) activities under the Florida Keys

9 National Marine Sanctuary and Protection

10 Act (Public Law 101–65; 16 U.S.C. 1433

11 note); and

12 (vi) the Everglades construction

13 project implemented by the State of Flor14 ida under the Everglades Forever Act of

15 the State of Florida.

16 (2) IMPROVEMENT OF WATER MANAGEMENT

17 FOR ECOSYSTEM RESTORATION.—The improvement

18 of water management, including improvement of

19 water quality for ecosystem restoration, preservation,

20 and protection, shall be an authorized purpose of the

21 Central and Southern Florida project referred to in

22 paragraph (1)(A). Project features necessary to im23 prove water management, including features nec24 essary to provide water to restore, protect, and pre25 serve the South Florida ecosystem, shall be included
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1 in any modifications to be developed for the project

2 under paragraph (1).

3 (3) SUPPORT PROJECTS.—The Secretary may

4 develop support projects and other facilities nec5 essary to promote an adaptive management ap6 proach to implement the modifications authorized to

7 be developed by paragraphs (1) and (2).

8 (4) INTERIM IMPLEMENTATION REPORTS.—

9 (A) IN GENERAL.—Before the Secretary

10 implements a component of the conceptual plan,

11 including a support project or other facility

12 under paragraph (3), the Jacksonville District

13 Engineer shall submit an interim implementa14 tion report to the Task Force for review.

15 (B) CONTENTS.—Each interim implemen16 tation report shall document the costs, benefits,

17 impacts, technical feasibility, and cost-effective18 ness of the component and, as appropriate,

19 shall include documentation of environmental

20 effects prepared under the National Environ21 mental Policy Act of 1969 (42 U.S.C. 4321 et

22 seq.).

23 (C) ENDORSEMENT BY TASK FORCE.—

24 (i) IN GENERAL.—If the Task Force

25 endorses the interim implementation report
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1 of the Jacksonville District Engineer for a

2 component, the Secretary shall submit the

3 report to Congress.

4 (ii) COORDINATION REQUIREMENTS.—

5 Endorsement by the Task Force shall be

6 deemed to fulfill the coordination require7 ments under the first section of the Act

8 entitled ‘‘An Act authorizing the construc9 tion of certain public works on rivers and

10 harbors for flood control, and for other

11 purposes’’, approved December 22, 1944

12 (33 U.S.C. 701–1).

13 (5) AUTHORIZATION.—

14 (A) IN GENERAL.—The Secretary shall not

15 initiate construction of a component until such

16 time as a law is enacted authorizing construc17 tion of the component.

18 (B) DESIGN.—The Secretary may continue

19 to carry out detailed design of a component

20 after the date of submission to Congress of the

21 interim implementation report recommending

22 the component.

23 (6) COST SHARING.—

24 (A) IN GENERAL.—Except as provided in

25 subparagraph (B), the Federal share of the
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1 costs of preparing interim implementation re2 ports under paragraph (4) and implementing

3 the modifications (including the support

4 projects and other facilities) authorized to be

5 developed by this subsection shall be 50 per6 cent.

7 (B) WATER QUALITY FEATURES.—

8 (i) IN GENERAL.—Subject to clause

9 (ii), the non-Federal share of the cost of

10 project features necessary to improve water

11 quality under paragraph (2) shall be 100

12 percent.

13 (ii) CRITICAL FEATURES.—If the

14 Task Force determines, by resolution ac15 companying endorsement of an interim im16 plementation report under paragraph (4),

17 that the project features described in

18 clause (i) are critical to ecosystem restora19 tion, the Federal share of the cost of the

20 features shall be 50 percent.

21 (C) REIMBURSEMENT.—The Secretary

22 shall reimburse the non-Federal interests for

23 the Federal share of any reasonable costs that

24 the non-Federal interests incur in acquiring

25 land for any component authorized by law
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1 under paragraph (5) if the land acquisition has

2 been endorsed by the Task Force and supported

3 by the Secretary.

4 (c) SOUTH FLORIDA ECOSYSTEM RESTORATION

5 TASK FORCE.—

6 (1) ESTABLISHMENT AND MEMBERSHIP.—

7 There is established the South Florida Ecosystem

8 Restoration Task Force, which shall consist of the

9 following members (or, in the case of the head of a

10 Federal agency, a designee at the level of assistant

11 secretary or an equivalent level):

12 (A) The Secretary of the Interior, who

13 shall serve as chairperson of the Task Force.

14 (B) The Secretary of Commerce.

15 (C) The Secretary.

16 (D) The Attorney General.

17 (E) The Administrator of the Environ18 mental Protection Agency.

19 (F) The Secretary of Agriculture.

20 (G) The Secretary of Transportation.

21 (H) 1 representative of the Miccosukee

22 Tribe of Indians of Florida, to be appointed by

23 the Secretary of the Interior from recommenda24 tions submitted by the tribal chairman.
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1 (I) 1 representative of the Seminole Tribe

2 of Indians of Florida, to be appointed by the

3 Secretary of the Interior from recommendations

4 submitted by the tribal chairman.

5 (J) 3 representatives of the State of Flor6 ida, to be appointed by the Secretary of the In7 terior from recommendations submitted by the

8 Governor of the State of Florida.

9 (K) 2 representatives of the South Florida

10 Water Management District, to be appointed by

11 the Secretary of the Interior from recommenda12 tions submitted by the Governor of the State of

13 Florida.

14 (L) 2 representatives of local governments

15 in the South Florida ecosystem, to be appointed

16 by the Secretary of the Interior from rec17 ommendations submitted by the Governor of

18 the State of Florida.

19 (2) DUTIES.—

20 (A) IN GENERAL.—The Task Force

21 shall—

22 (i)(I) coordinate the development of

23 consistent policies, strategies, plans, pro24 grams, and priorities for addressing the
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1 restoration, protection, and preservation of

2 the South Florida ecosystem; and

3 (II) develop a strategy and priorities

4 for implementing the components of the

5 conceptual plan;

6 (ii) review programs, projects, and ac7 tivities of agencies and entities represented

8 on the Task Force to promote the objec9 tives of ecosystem restoration and mainte10 nance;

11 (iii) refine and provide guidance con12 cerning the implementation of the concep13 tual plan;

14 (iv)(I) periodically review the concep15 tual plan in light of current conditions and

16 new information and make appropriate

17 modifications to the conceptual plan; and

18 (II) submit to Congress a report on

19 each modification to the conceptual plan

20 under subclause (I);

21 (v) establish a Florida-based working

22 group, which shall include representatives

23 of the agencies and entities represented on

24 the Task Force and other entities as ap25 propriate, for the purpose of recommend-
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1 ing policies, strategies, plans, programs,

2 and priorities to the Task Force;

3 (vi) prepare an annual cross-cut budg4 et of the funds proposed to be expended by

5 the agencies, tribes, and governments rep6 resented on the Task Force on the restora7 tion, preservation, and protection of the

8 South Florida ecosystem; and

9 (vii) submit a biennial report to Con10 gress that summarizes the activities of the

11 Task Force and the projects, policies,

12 strategies, plans, programs, and priorities

13 planned, developed, or implemented for

14 restoration of the South Florida ecosystem

15 and progress made toward the restoration.

16 (B) AUTHORITY TO ESTABLISH ADVISORY

17 SUBCOMMITTEES.—The Task Force and the

18 working group established under subparagraph

19 (A)(v) may establish such other advisory sub20 committees as are necessary to assist the Task

21 Force in carrying out its duties, including du22 ties relating to public policy and scientific is23 sues.
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1 (3) DECISIONMAKING.—Each decision of the

2 Task Force shall be made by majority vote of the

3 members of the Task Force.

4 (4) APPLICATION OF THE FEDERAL ADVISORY

5 COMMITTEE ACT.—

6 (A) CHARTER; TERMINATION.—The Task

7 Force shall not be subject to sections 9(c) and

8 14 of the Federal Advisory Committee Act (5

9 U.S.C. App.).

10 (B) NOTICE OF MEETINGS.—The Task

11 Force shall be subject to section 10(a)(2) of the

12 Act, except that the chairperson of the Task

13 Force is authorized to use a means other than

14 publication in the Federal Register to provide

15 notice of a public meeting and provide an equiv16 alent form of public notice.

17 (5) COMPENSATION.—A member of the Task

18 Force shall receive no compensation for the service

19 of the member on the Task Force.

20 (6) TRAVEL EXPENSES.—Travel expenses in21 curred by a member of the Task Force in the per22 formance of services for the Task Force shall be

23 paid by the agency, tribe, or government that the

24 member represents.
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1 SEC. 208. ARKANSAS CITY AND WINFIELD, KANSAS.

2 Notwithstanding any other provision of law, for the

3 purpose of commencing construction of the project for

4 flood control, Arkansas City, Kansas, authorized by sec5 tion 401(a) of the Water Resources Development Act of

6 1986 (Public Law 99–662; 100 Stat. 4116), and the

7 project for flood control, Winfield, Kansas, authorized by

8 section 204 of the Flood Control Act of 1965 (Public Law

9 89–298; 79 Stat. 1078), the project cooperation agree10 ments for the projects, as submitted by the District Office

11 of the Army Corps of Engineers, Tulsa, Oklahoma, shall

12 be deemed to be approved by the Assistant Secretary of

13 the Army having responsibility for civil works and the

14 Tulsa District Commander as of September 30, 1996, if

15 the approvals have not been granted by that date.

16 SEC. 209. MISSISSIPPI RIVER-GULF OUTLET, LOUISIANA.

17 Section 844 of the Water Resources Development Act

18 of 1986 (Public Law 99–662; 100 Stat. 4177) is amended

19 by adding at the end the following:

20 ‘‘(c) COMMUNITY IMPACT MITIGATION PLAN.—Using

21 funds made available under subsection (a), the Secretary

22 shall implement a comprehensive community impact miti23 gation plan, as described in the evaluation report of the

24 New Orleans District Engineer dated August 1995, that,

25 to the maximum extent practicable, provides for mitigation

26 or compensation, or both, for the direct and indirect social
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1 and cultural impacts that the project described in sub2 section (a) will have on the affected areas referred to in

3 subsection (b).’’.

4 SEC. 210. COLDWATER RIVER WATERSHED, MISSISSIPPI.

5 Not later than 90 days after the date of enactment

6 of this Act, the Secretary shall initiate all remaining work

7 associated with the Coldwater River Watershed Dem8 onstration Erosion Control Project, as authorized by Pub9 lic Law 98–8 (97 Stat. 13).

10 SEC. 211. PERIODIC MAINTENANCE DREDGING FOR GREEN11 VILLE INNER HARBOR CHANNEL, MIS12 SISSIPPI.

13 The Greenville Inner Harbor Channel, Mississippi, is

14 deemed to be a portion of the navigable waters of the

15 United States, and shall be included among the navigable

16 waters for which the Army Corps of Engineers maintains

17 a 10-foot navigable channel. The navigable channel for the

18 Greenville Inner Harbor Channel shall be maintained in

19 a manner that is consistent with the navigable channel to

20 the Greenville Harbor and the portion of the Mississippi

21 River adjacent to the Greenville Harbor that is maintained

22 by the Army Corps of Engineers, as in existence on the

23 date of enactment of this Act.
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1 SEC. 212. SARDIS LAKE, MISSISSIPPI.

2 The Secretary shall work cooperatively with the State

3 of Mississippi and the city of Sardis to the maximum ex4 tent practicable in the management of existing and pro5 posed leases of land consistent with the master tourism

6 and recreational plan for the economic development of the

7 Sardis Lake area prepared by the city.

8 SEC. 213. YALOBUSHA RIVER WATERSHED, MISSISSIPPI.

9 The project for flood control at Grenada Lake, Mis10 sissippi, shall be extended to include the Yalobusha River

11 Watershed (including the Toposhaw Creek), at a total cost

12 of not to exceed $3,800,000. The Federal share of the cost

13 of flood control on the extended project shall be 75 per14 cent.

15 SEC. 214. LIBBY DAM, MONTANA.

16 (a) IN GENERAL.—In accordance with section

17 103(c)(1) of the Water Resources Development Act of

18 1986 (33 U.S.C. 2213(c)(1)), the Secretary shall—

19 (1) complete the construction and installation of

20 generating units 6 through 8 at Libby Dam, Mon21 tana; and

22 (2) remove the partially constructed haul bridge

23 over the Kootenai River, Montana.

24 (b) AUTHORIZATION OF APPROPRIATIONS.—There

25 are authorized to be appropriated to carry out this section

26 $16,000,000, to remain available until expended.
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1 SEC. 215. SMALL FLOOD CONTROL PROJECT, MALTA, MON2 TANA.

3 Not later than 1 year after the date of enactment

4 of this Act, the Secretary is authorized to expend such

5 Federal funds as are necessary to complete the small flood

6 control project begun at Malta, Montana, pursuant to sec7 tion 205 of the Flood Control Act of 1948 (33 U.S.C.

8 701s).

9 SEC. 216. CLIFFWOOD BEACH, NEW JERSEY.

10 (a) IN GENERAL.—Notwithstanding any other provi11 sion of law or the status of the project authorized by sec12 tion 203 of the Flood Control Act of 1962 (Public Law

13 87–874; 76 Stat. 1180) for hurricane-flood protection and

14 beach erosion control on Raritan Bay and Sandy Hook

15 Bay, New Jersey, the Secretary shall undertake a project

16 to provide periodic beach nourishment for Cliffwood

17 Beach, New Jersey, for a 50-year period beginning on the

18 date of execution of a project cooperation agreement by

19 the Secretary and an appropriate non-Federal interest.

20 (b) NON-FEDERAL SHARE.—The non-Federal share

21 of the cost of the project authorized by this section shall

22 be 35 percent.

23 SEC. 217. FIRE ISLAND INLET, NEW YORK.

24 For the purpose of replenishing the beach, the Sec25 retary shall place sand dredged from the Fire Island Inlet

26 on the shoreline between Gilgo State Park and Tobay
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1 Beach to protect Ocean Parkway along the Atlantic Ocean

2 shoreline in Suffolk County, New York.

3 SEC. 218. QUEENS COUNTY, NEW YORK.

4 (a) DESCRIPTION OF NONNAVIGABLE AREA.—Sub5 ject to subsections (b) and (c), the area of Long Island

6 City, Queens County, New York, that—

7 (1) is not submerged;

8 (2) lies between the southerly high water line

9 (as of the date of enactment of this Act) of Anable

10 Basin (also known as the ‘‘11th Street Basin’’) and

11 the northerly high water line (as of the date of en12 actment of this Act) of Newtown Creek; and

13 (3) extends from the high water line (as of the

14 date of enactment of this Act) of the East River to

15 the original high water line of the East River;

16 is declared to be nonnavigable waters of the United States.

17 (b) REQUIREMENT THAT AREA BE IMPROVED.—

18 (1) IN GENERAL.—The declaration of non19 navigability under subsection (a) shall apply only to

20 those portions of the area described in subsection (a)

21 that are, or will be, bulkheaded, filled, or otherwise

22 occupied by permanent structures or other perma23 nent physical improvements (including parkland).
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1 (2) APPLICABILITY OF FEDERAL LAW.—Im2 provements described in paragraph (1) shall be sub3 ject to applicable Federal laws, including—

4 (A) sections 9 and 10 of the Act entitled

5 ‘‘An Act making appropriations for the con6 struction, repair, and preservation of certain

7 public works on rivers and harbors, and for

8 other purposes’’, approved March 3, 1899 (33

9 U.S.C. 401 and 403);

10 (B) section 404 of the Federal Water Pol11 lution Control Act (33 U.S.C. 1344); and

12 (C) the National Environmental Policy Act

13 of 1969 (42 U.S.C. 4321 et seq.).

14 (c) EXPIRATION DATE.—The declaration of non15 navigability under subsection (a) shall expire with respect

16 to a portion of the area described in subsection (a), if the

17 portion—

18 (1) is not bulkheaded, filled, or otherwise occu19 pied by a permanent structure or other permanent

20 physical improvement (including parkland) in ac21 cordance with subsection (b) by the date that is 20

22 years after the date of enactment of this Act; or

23 (2) requires an improvement described in sub24 section (b)(2) that is subject to a permit under an

25 applicable Federal law, and the improvement is not
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1 commenced by the date that is 5 years after the date

2 of issuance of the permit.

3 SEC. 219. BUFORD TRENTON IRRIGATION DISTRICT, NORTH

4 DAKOTA AND MONTANA.

5 (a) ACQUISITION OF EASEMENTS.—

6 (1) IN GENERAL.—The Secretary shall acquire,

7 from willing sellers, permanent flowage and satura8 tion easements over—

9 (A) the land in Williams County, North

10 Dakota, extending from the riverward margin

11 of the Buford Trenton Irrigation District main

12 canal to the north bank of the Missouri River,

13 beginning at the Buford Trenton Irrigation

District pumping station located in the NE1 14 ⁄4 of

15 section 17, T–152–N, R–104–W, and continu16 ing northeasterly downstream to the land re17 ferred to as the East Bottom; and

18 (B) any other land outside the boundaries

19 of the land described in subparagraph (A) with20 in or contiguous to the boundaries of the

21 Buford-Trenton Irrigation District that has

22 been affected by rising ground water and the

23 risk of surface flooding.

24 (2) SCOPE.—The easements acquired by the

25 Secretary under paragraph (1) shall include the
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1 right, power, and privilege of the Federal Govern2 ment to submerge, overflow, percolate, and saturate

3 the surface and subsurface of the lands and such

4 other terms and conditions as the Secretary consid5 ers appropriate.

6 (3) PAYMENT.—In acquiring the easements

7 under paragraph (1), the Secretary shall pay an

8 amount based on the unaffected fee value of the

9 lands to be acquired by the Federal Government.

10 For the purpose of this paragraph, the unaffected

11 fee value of the lands is the value of the lands as

12 if the lands had not been affected by rising ground

13 water and the risk of surface flooding.

14 (b) CONVEYANCE OF DRAINAGE PUMPS.—Notwith15 standing any other law, the Secretary shall—

16 (1) convey to the Buford Trenton Irrigation

17 District all right, title, and interest of the United

18 States in the drainage pumps located within the

19 boundaries of the District; and

20 (2) provide a lump-sum payment of $60,000 for

21 power requirements associated with the operation of

22 the drainage pumps.

23 (c) AUTHORIZATION OF APPROPRIATIONS.—There is

24 authorized to be appropriated to carry out this section

25 $34,000,000, to remain available until expended.
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1 SEC. 220. JAMESTOWN DAM AND PIPESTEM DAM, NORTH

2 DAKOTA.

3 (a) REVISIONS TO WATER CONTROL MANUALS.—In

4 consultation with the State of South Dakota and the

5 James River Water Development District, the Secretary

6 shall review and consider revisions to the water control

7 manuals for the Jamestown Dam and Pipestem Dam,

8 North Dakota, to modify operation of the dams so as to

9 reduce the magnitude and duration of flooding and inun10 dation of land located within the 10-year floodplain along

11 the James River in South Dakota.

12 (b) FEASIBILITY STUDY.—

13 (1) IN GENERAL.—Not later than 1 year after

14 the date of enactment of this Act, the Secretary

15 shall—

16 (A) complete a study to determine the fea17 sibility of providing flood protection for the land

18 referred to in subsection (a); and

19 (B) submit a report on the study to Con20 gress.

21 (2) CONSIDERATIONS.—In carrying out para22 graph (1), the Secretary shall consider all reasonable

23 project-related and other options.
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1 SEC. 221. WISTER LAKE PROJECT, LEFLORE COUNTY,

2 OKLAHOMA.

3 The Secretary shall maintain a minimum conserva4 tion pool level of 478 feet at the Wister Lake project in

5 LeFlore County, Oklahoma, authorized by section 4 of the

6 Act entitled ‘‘An Act authorizing the construction of cer7 tain public works on rivers and harbors for flood control,

8 and for other purposes’’, approved June 28, 1938 (52

9 Stat. 1218). Notwithstanding title I of the Water Re10 sources Development Act of 1986 (33 U.S.C. 2211 et seq.)

11 or any other provision of law, any increase in water supply

12 yield that results from the pool level of 478 feet shall be

13 treated as unallocated water supply until such time as a

14 user enters into a contract for the supply under such ap15 plicable laws concerning cost-sharing as are in effect on

16 the date of the contract.

17 SEC. 222. WILLAMETTE RIVER, MCKENZIE SUBBASIN, OR18 EGON.

19 The Secretary is authorized to carry out a project to

20 control the water temperature in the Willamette River,

21 McKenzie Subbasin, Oregon, to mitigate the negative im22 pacts on fish and wildlife resulting from the operation of

23 the Blue River and Cougar Lake projects, McKenzie River

24 Basin, Oregon. The cost of the facilities shall be repaid

25 according to the allocations among the purposes of the

26 original projects.
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1 SEC. 223. ABANDONED AND WRECKED BARGE REMOVAL,

2 RHODE ISLAND.

3 Section 361 of the Water Resources Development Act

4 of 1992 (Public Law 102–580; 106 Stat. 4861) is amend5 ed by striking subsection (a) and inserting the following:

6 ‘‘(a) IN GENERAL.—In order to alleviate a hazard to

7 navigation and recreational activity, the Secretary shall re8 move a sunken barge from waters off the shore of the Nar9 ragansett Town Beach in Narragansett, Rhode Island, at

10 a total cost of $1,900,000, with an estimated Federal cost

11 of $1,425,000, and an estimated non-Federal cost of

12 $475,000. The Secretary shall not remove the barge until

13 title to the barge has been transferred to the United

14 States or the non-Federal interest. The transfer of title

15 shall be carried out at no cost to the United States.’’.

16 SEC. 224. PROVIDENCE RIVER AND HARBOR, RHODE IS17 LAND.

18 The Secretary shall incorporate a channel extending

19 from the vicinity of the Fox Point hurricane barrier to

20 the vicinity of the Francis Street bridge in Providence,

21 Rhode Island, into the navigation project for Providence

22 River and Harbor, Rhode Island, authorized by section

23 301 of the River and Harbor Act of 1965 (Public Law

24 89–298; 79 Stat. 1089). The channel shall have a depth

25 of up to 10 feet and a width of approximately 120 feet

26 and shall be approximately 1.25 miles in length.
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1 SEC. 225. COOPER LAKE AND CHANNELS, TEXAS.

2 (a) ACCEPTANCE OF LANDS.—The Secretary is au3 thorized to accept from a non-Federal interest additional

4 lands of not to exceed 300 acres that—

5 (1) are contiguous to the Cooper Lake and

6 Channels Project, Texas, authorized by section 301

7 of the River and Harbor Act of 1965 (Public Law

8 89–298; 79 Stat. 1091) and section 601(a) of the

9 Water Resources Development Act of 1986 (Public

10 Law 99–662; 100 Stat. 4145); and

11 (2) provide habitat value at least equal to the

12 habitat value provided by the lands authorized to be

13 redesignated under subsection (b).

14 (b) REDESIGNATION OF LANDS TO RECREATION

15 PURPOSES.—Upon the acceptance of lands under sub16 section (a), the Secretary is authorized to redesignate

17 mitigation lands of not to exceed 300 acres to recreation

18 purposes.

19 (c) FUNDING.—The cost of all work under this sec20 tion, including real estate appraisals, cultural and environ21 mental surveys, and all development necessary to avoid net

22 mitigation losses, to the extent required, shall be borne

23 by the non-Federal interest.

24 SEC. 226. RUDEE INLET, VIRGINIA BEACH, VIRGINIA.

25 Notwithstanding the limitation set forth in section

26 107(b) of the River and Harbor Act of 1960 (33 U.S.C.
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1 577(b)), Federal participation in the maintenance of the

2 Rudee Inlet, Virginia Beach, Virginia, project shall con3 tinue for the life of the project. Nothing in this section

4 shall alter or modify the non-Federal cost sharing respon5 sibility as specified in the Rudee Inlet, Virginia Beach,

6 Virginia Detailed Project Report, dated October 1983.

7 SEC. 227. VIRGINIA BEACH, VIRGINIA.

8 (a) ADJUSTMENT OF NON-FEDERAL SHARE.—Not9 withstanding any other provision of law, the non-Federal

10 share of the costs of the project for beach erosion control

11 and hurricane protection, Virginia Beach, Virginia, au12 thorized by section 501(a) of the Water Resources Devel13 opment Act of 1986 (Public Law 99–662; 100 Stat.

14 4136), shall be reduced by $3,120,803, or by such amount

15 as is determined by an audit carried out by the Depart16 ment of the Army to be due to the city of Virginia Beach

17 as reimbursement for beach nourishment activities carried

18 out by the city between October 1, 1986, and September

19 30, 1993, if the Federal Government has not reimbursed

20 the city for the activities prior to the date on which a

21 project cooperation agreement is executed for the project.

22 (b) EXTENSION OF FEDERAL PARTICIPATION.—

23 (1) IN GENERAL.—In accordance with section

24 156 of the Water Resources Development Act of

25 1976 (42 U.S.C. 1962d–5f), the Secretary shall ex-
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1 tend Federal participation in the periodic nourish2 ment of Virginia Beach as authorized by section 101

3 of the River and Harbor Act of 1954 (68 Stat.

4 1254) and modified by section 101 of the River and

5 Harbor Act of 1962 (Public Law 87–874; 76 Stat.

6 1177).

7 (2) DURATION.—Federal participation under

8 paragraph (1) shall extend until the earlier of—

9 (A) the end of the 50-year period provided

10 for in section 156 of the Water Resources De11 velopment Act of 1976 (42 U.S.C. 1962d–5f);

12 and

13 (B) the completion of the project for beach

14 erosion control and hurricane protection, Vir15 ginia Beach, Virginia, as modified by section

16 102(cc) of the Water Resources Development

17 Act of 1992 (Public Law 102–580; 106 Stat.

18 4810).

19 TITLE III—GENERAL

20 PROVISIONS

21 SEC. 301. COST-SHARING FOR ENVIRONMENTAL PROJECTS.

22 Section 103(c) of the Water Resources Development

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

24 (1) in paragraph (5), by striking ‘‘and’’ at the

25 end;
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1 (2) in paragraph (6), by striking the period at

2 the end and inserting ‘‘; and’’; and

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

4 ‘‘(7) environmental protection and restoration:

5 25 percent.’’.

6 SEC. 302. COLLABORATIVE RESEARCH AND DEVELOPMENT.

7 Section 7 of the Water Resources Development Act

8 of 1988 (33 U.S.C. 2313) is amended—

9 (1) by striking subsection (e);

10 (2) by redesignating subsection (d) as sub11 section (e); and

12 (3) by inserting after subsection (c) the follow13 ing:

14 ‘‘(d) TEMPORARY PROTECTION OF TECHNOLOGY.—

15 ‘‘(1) PRE-AGREEMENT.—If the Secretary deter16 mines that information developed as a result of a re17 search or development activity conducted by the

18 Army Corps of Engineers is likely to be subject to

19 a cooperative research and development agreement

20 within 2 years after the development of the informa21 tion, and that the information would be a trade se22 cret or commercial or financial information that

23 would be privileged or confidential if the information

24 had been obtained from a non-Federal party partici25 pating in a cooperative research and development
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1 agreement under section 12 of the Stevenson-Wydler

2 Technology Innovation Act of 1980 (15 U.S.C.

3 3710a), the Secretary may provide appropriate pro4 tections against the dissemination of the informa5 tion, including exemption from subchapter II of

6 chapter 5 of title 5, United States Code, until the

7 earlier of—

8 ‘‘(A) the date on which the Secretary en9 ters into such an agreement with respect to the

10 information; or

11 ‘‘(B) the last day of the 2-year period be12 ginning on the date of the determination.

13 ‘‘(2) POST-AGREEMENT.—Any information sub14 ject to paragraph (1) that becomes the subject of a

15 cooperative research and development agreement

16 shall be subject to the protections provided under

17 section 12(c)(7)(B) of the Act (15 U.S.C.

18 3710a(c)(7)(B)) as if the information had been de19 veloped under a cooperative research and develop20 ment agreement.’’.

21 SEC. 303. NATIONAL DAM SAFETY PROGRAM.

22 (a) FINDINGS.—Congress finds that—

23 (1)(A) dams are an essential part of the na24 tional infrastructure;
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1 (B) dams fail from time to time with cata2 strophic results; and

3 (C) dam safety is a vital public concern;

4 (2) dam failures have caused, and may cause in

5 the future, loss of life, injury, destruction of prop6 erty, and economic and social disruption;

7 (3)(A) some dams are at or near the end of

8 their structural, useful, or operational life; and

9 (B) the loss, destruction, and disruption result10 ing from dam failures can be substantially reduced

11 through the development and implementation of dam

12 safety hazard reduction measures, including—

13 (i) improved design and construction

14 standards and practices supported by a national

15 dam performance resource bank located at

16 Stanford University in California;

17 (ii) safe operation and maintenance proce18 dures;

19 (iii) early warning systems;

20 (iv) coordinated emergency preparedness

21 plans; and

22 (v) public awareness and involvement pro23 grams;

24 (4)(A) dam safety problems persist nationwide;
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1 (B) while dam safety is principally a State re2 sponsibility, the diversity in Federal and State dam

3 safety programs calls for national leadership in a co4 operative effort involving the Federal Government,

5 State governments, and the private sector; and

6 (C) an expertly staffed and adequately financed

7 dam safety hazard reduction program, based on

8 Federal, State, local, and private research, planning,

9 decisionmaking, and contributions, would reduce the

10 risk of the loss, destruction, and disruption resulting

11 from dam failure by an amount far greater than the

12 cost of the program;

13 (5)(A) there is a fundamental need for a na14 tional program for dam safety hazards reduction,

15 and the need will continue; and

16 (B) to be effective, such a national program will

17 require input from, and review by, Federal and non18 Federal experts in—

19 (i) dam design, construction, operation,

20 and maintenance; and

21 (ii) the practical application of dam failure

22 hazard reduction measures;

23 (6) as of the date of enactment of this Act—

24 (A) there is no national dam safety pro25 gram; and
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1 (B) the coordinating authority for national

2 leadership concerning dam safety is provided

3 through the dam safety program of the Federal

4 Emergency Management Agency established

5 under Executive Order 12148 (50 U.S.C. App.

6 2251 note) in coordination with members of the

7 Interagency Committee on Dam Safety and

8 with States; and

9 (7) while the dam safety program of FEMA is

10 a proper Federal undertaking, should continue, and

11 should provide the foundation for a national dam

12 safety program, statutory authority is needed—

13 (A) to meet increasing needs and to dis14 charge Federal responsibilities in dam safety;

15 (B) to strengthen the leadership role of

16 FEMA;

17 (C) to codify the national dam safety pro18 gram;

19 (D) to authorize the Director of FEMA to

20 communicate directly with Congress on author21 izations and appropriations; and

22 (E) to build on the hazard reduction as23 pects of dam safety.

24 (b) PURPOSE.—The purpose of this section is to re25 duce the risks to life and property from dam failure in
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1 the United States through the establishment and mainte2 nance of an effective national dam safety program to bring

3 together the expertise and resources of the Federal and

4 non-Federal communities in achieving national dam safety

5 hazard reduction.

6 (c) DAM SAFETY PROGRAM.—Public Law 92–367

7 (33 U.S.C. 467 et seq.) is amended—

8 (1) by striking the first section and inserting

9 the following:

10 ‘‘SECTION 1. SHORT TITLE.

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

12 Program Act’.’’;

13 (2) by striking sections 5 and 7 through 14;

14 (3) by redesignating sections 2, 3, 4, and 6 as

15 sections 3, 4, 5, and 11, respectively;

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

17 paragraph (1)) the following:

18 ‘‘SEC. 2. DEFINITIONS.

19 ‘‘In this Act:

20 ‘‘(1) BOARD.—The term ‘Board’ means a Na21 tional Dam Safety Review Board established under

22 section 8(h).

23 ‘‘(2) DAM.—The term ‘dam’—

24 ‘‘(A) means any artificial barrier that has

25 the ability to impound water, wastewater, or
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1 any liquid-borne material, for the purpose of

2 storage or control of water, that—

3 ‘‘(i) is 25 feet or more in height

4 from—

5 ‘‘(I) the natural bed of the

6 stream channel or watercourse meas7 ured at the downstream toe of the

8 barrier; or

9 ‘‘(II) if the barrier is not across

10 a stream channel or watercourse, from

11 the lowest elevation of the outside

12 limit of the barrier;

13 to the maximum water storage elevation;

14 or

15 ‘‘(ii) has an impounding capacity for

16 maximum storage elevation of 50 acre-feet

17 or more; but

18 ‘‘(B) does not include—

19 ‘‘(i) a levee; or

20 ‘‘(ii) a barrier described in subpara21 graph (A) that—

22 ‘‘(I) is 6 feet or less in height re23 gardless of storage capacity; or

24 ‘‘(II) has a storage capacity at

25 the maximum water storage elevation
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1 that is 15 acre-feet or less regardless

2 of height;

3 unless the barrier, because of the location

4 of the barrier or another physical char5 acteristic of the barrier, is likely to pose a

6 significant threat to human life or property

7 if the barrier fails (as determined by the

8 Director).

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

10 the Director of FEMA.

11 ‘‘(4) FEDERAL AGENCY.—The term ‘Federal

12 agency’ means a Federal agency that designs, fi13 nances, constructs, owns, operates, maintains, or

14 regulates the construction, operation, or mainte15 nance of a dam.

16 ‘‘(5) FEDERAL GUIDELINES FOR DAM SAFE17 TY.—The term ‘Federal Guidelines for Dam Safety’

18 means the FEMA publication, numbered 93 and

19 dated June 1979, that defines management practices

20 for dam safety at all Federal agencies.

21 ‘‘(6) FEMA.—The term ‘FEMA’ means the

22 Federal Emergency Management Agency.

23 ‘‘(7) HAZARD REDUCTION.—The term ‘hazard

24 reduction’ means the reduction in the potential con25 sequences to life and property of dam failure.
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1 ‘‘(8) ICODS.—The term ‘ICODS’ means the

2 Interagency Committee on Dam Safety established

3 by section 7.

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

5 the national dam safety program established under

6 section 8.

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

8 the several States of the United States, the District

9 of Columbia, the Commonwealth of Puerto Rico, the

10 Virgin Islands, Guam, American Samoa, the Com11 monwealth of the Northern Mariana Islands, and

12 any other territory or possession of the United

13 States.

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

15 ‘State dam safety agency’ means a State agency that

16 has regulatory authority over the safety of non-Fed17 eral dams.

18 ‘‘(12) STATE DAM SAFETY PROGRAM.—The

19 term ‘State dam safety program’ means a State dam

20 safety program approved and assisted under section

21 8(f).

22 ‘‘(13) UNITED STATES.—The term ‘United

23 States’, when used in a geographical sense, means

24 all of the States.’’;
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1 (5) in section 3 (as redesignated by paragraph

2 (3))—

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

4 the following:

5 ‘‘SEC. 3. INSPECTION OF DAMS.

6 ‘‘(a) IN GENERAL.—As’’; and

7 (B) by adding at the end the following:

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

9 dam safety agency, with respect to any dam the failure

10 of which would affect the State, the head of a Federal

11 agency shall—

12 ‘‘(1) provide information to the State dam safe13 ty agency on the construction, operation, or mainte14 nance of the dam; or

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

16 agency to participate in the Federal inspection of

17 the dam.’’;

18 (6) in section 4 (as redesignated by paragraph

19 (3)), by striking ‘‘SEC. 4. As’’ and inserting the fol20 lowing:

21 ‘‘SEC. 4. INVESTIGATION REPORTS TO GOVERNORS.

22 ‘‘As’’;

23 (7) in section 5 (as redesignated by paragraph

24 (3)), by striking ‘‘SEC. 5. For’’ and inserting the fol25 lowing:
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1 ‘‘SEC. 5. DETERMINATION OF DANGER TO HUMAN LIFE AND

2 PROPERTY.

3 ‘‘For’’;

4 (8) by inserting after section 5 (as redesignated

5 by paragraph (3)) the following:

6 ‘‘SEC. 6. NATIONAL DAM INVENTORY.

7 ‘‘The Secretary of the Army, acting through the Chief

8 of Engineers, may maintain and periodically publish up9 dated information on the inventory of dams in the United

10 States.

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

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

13 Interagency Committee on Dam Safety—

14 ‘‘(1) comprised of a representative of each of

15 the Department of Agriculture, the Department of

16 Defense, the Department of Energy, the Department

17 of the Interior, the Department of Labor, FEMA,

18 the Federal Energy Regulatory Commission, the Nu19 clear Regulatory Commission, the Tennessee Valley

20 Authority, and the United States Section of the

21 International Boundary Commission; and

22 ‘‘(2) chaired by the Director.

23 ‘‘(b) DUTIES.—ICODS shall encourage the establish24 ment and maintenance of effective Federal and State pro25 grams, policies, and guidelines intended to enhance dam
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1 safety for the protection of human life and property

2 through—

3 ‘‘(1) coordination and information exchange

4 among Federal agencies and State dam safety agen5 cies; and

6 ‘‘(2) coordination and information exchange

7 among Federal agencies concerning implementation

8 of the Federal Guidelines for Dam Safety.

9 ‘‘SEC. 8. NATIONAL DAM SAFETY PROGRAM.

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

11 with ICODS and State dam safety agencies, and the

12 Board shall establish and maintain, in accordance with

13 this section, a coordinated national dam safety program.

14 The Program shall—

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

16 objectives set forth in subsection (c);

17 ‘‘(2) involve, to the extent appropriate, each

18 Federal agency; and

19 ‘‘(3) include—

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

21 subsection (d);

22 ‘‘(B) the implementation plan described in

23 subsection (e); and

24 ‘‘(C) assistance for State dam safety pro25 grams described in subsection (f).
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1 ‘‘(b) DUTIES.—The Director shall—

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

3 enactment of this paragraph, develop the implemen4 tation plan described in subsection (e);

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

6 enactment of this paragraph, submit to the appro7 priate authorizing committees of Congress the imple8 mentation plan described in subsection (e); and

9 ‘‘(3) by regulation, not later than 360 days

10 after the date of enactment of this paragraph—

11 ‘‘(A) develop and implement the Program;

12 ‘‘(B) establish goals, priorities, and target

13 dates for implementation of the Program; and

14 ‘‘(C) to the extent feasible, provide a meth15 od for cooperation and coordination with, and

16 assistance to, interested governmental entities

17 in all States.

18 ‘‘(c) OBJECTIVES.—The objectives of the Program

19 are to—

20 ‘‘(1) ensure that new and existing dams are

21 safe through the development of technologically and

22 economically feasible programs and procedures for

23 national dam safety hazard reduction;

24 ‘‘(2) encourage acceptable engineering policies

25 and procedures to be used for dam site investigation,
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1 design, construction, operation and maintenance,

2 and emergency preparedness;

3 ‘‘(3) encourage the establishment and imple4 mentation of effective dam safety programs in each

5 State based on State standards;

6 ‘‘(4) develop and encourage public awareness

7 projects to increase public acceptance and support of

8 State dam safety programs;

9 ‘‘(5) develop technical assistance materials for

10 Federal and non-Federal dam safety programs; and

11 ‘‘(6) develop mechanisms with which to provide

12 Federal technical assistance for dam safety to the

13 non-Federal sector.

14 ‘‘(d) COMPONENTS.—

15 ‘‘(1) IN GENERAL.—The Program shall consist

16 of—

17 ‘‘(A) a Federal element and a non-Federal

18 element; and

19 ‘‘(B) leadership activity, technical assist20 ance activity, and public awareness activity.

21 ‘‘(2) ELEMENTS.—

22 ‘‘(A) FEDERAL.—The Federal element

23 shall incorporate the activities and practices

24 carried out by Federal agencies under section 7
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1 to implement the Federal Guidelines for Dam

2 Safety.

3 ‘‘(B) NON-FEDERAL.—The non-Federal

4 element shall consist of—

5 ‘‘(i) the activities and practices car6 ried out by States, local governments, and

7 the private sector to safely build, regulate,

8 operate, and maintain dams; and

9 ‘‘(ii) Federal activities that foster

10 State efforts to develop and implement ef11 fective programs for the safety of dams.

12 ‘‘(3) FUNCTIONAL ACTIVITIES.—

13 ‘‘(A) LEADERSHIP.—The leadership activ14 ity shall be the responsibility of FEMA and

15 shall be exercised by chairing ICODS to coordi16 nate Federal efforts in cooperation with State

17 dam safety officials.

18 ‘‘(B) TECHNICAL ASSISTANCE.—The tech19 nical assistance activity shall consist of the

20 transfer of knowledge and technical information

21 among the Federal and non-Federal elements

22 described in paragraph (2).

23 ‘‘(C) PUBLIC AWARENESS.—The public

24 awareness activity shall provide for the edu25 cation of the public, including State and local
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1 officials, in the hazards of dam failure, methods

2 of reducing the adverse consequences of dam

3 failure, and related matters.

4 ‘‘(e) IMPLEMENTATION PLAN.—The Director shall—

5 ‘‘(1) develop an implementation plan for the

6 Program that shall set, through fiscal year 2001,

7 year-by-year targets that demonstrate improvements

8 in dam safety; and

9 ‘‘(2) recommend appropriate roles for Federal

10 agencies and for State and local units of govern11 ment, individuals, and private organizations in car12 rying out the implementation plan.

13 ‘‘(f) ASSISTANCE FOR STATE DAM SAFETY PRO14 GRAMS.—

15 ‘‘(1) IN GENERAL.—To encourage the establish16 ment and maintenance of effective State programs

17 intended to ensure dam safety, to protect human life

18 and property, and to improve State dam safety pro19 grams, the Director shall provide assistance with

20 amounts made available under section 12 to assist

21 States in establishing and maintaining dam safety

22 programs—

23 ‘‘(A) in accordance with the criteria speci24 fied in paragraph (2); and
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1 ‘‘(B) in accordance with more advanced re2 quirements and standards established by the

3 Board and the Director with the assistance of

4 established criteria such as the Model State

5 Dam Safety Program published by FEMA,

6 numbered 123 and dated April 1987, and

7 amendments to the Model State Dam Safety

8 Program.

9 ‘‘(2) CRITERIA.—For a State to be eligible for

10 primary assistance under this subsection, a State

11 dam safety program must be working toward meet12 ing the following criteria, and for a State to be eligi13 ble for advanced assistance under this subsection, a

14 State dam safety program must meet the following

15 criteria and be working toward meeting the ad16 vanced requirements and standards established

17 under paragraph (1)(B):

18 ‘‘(A) AUTHORIZATION.—For a State to be

19 eligible for assistance under this subsection, a

20 State dam safety program must be authorized

21 by State legislation to include substantially, at

22 a minimum—

23 ‘‘(i) the authority to review and ap24 prove plans and specifications to construct,
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1 enlarge, modify, remove, and abandon

2 dams;

3 ‘‘(ii) the authority to perform periodic

4 inspections during dam construction to en5 sure compliance with approved plans and

6 specifications;

7 ‘‘(iii) a requirement that, on comple8 tion of dam construction, State approval

9 must be given before operation of the dam;

10 ‘‘(iv)(I) the authority to require or

11 perform the inspection, at least once every

12 5 years, of all dams and reservoirs that

13 would pose a significant threat to human

14 life and property in case of failure to de15 termine the continued safety of the dams

16 and reservoirs; and

17 ‘‘(II) a procedure for more detailed

18 and frequent safety inspections;

19 ‘‘(v) a requirement that all inspections

20 be performed under the supervision of a

21 State-registered professional engineer with

22 related experience in dam design and con23 struction;

24 ‘‘(vi) the authority to issue notices,

25 when appropriate, to require owners of
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1 dams to perform necessary maintenance or

2 remedial work, revise operating procedures,

3 or take other actions, including breaching

4 dams when necessary;

5 ‘‘(vii) regulations for carrying out the

6 legislation of the State described in this

7 subparagraph;

8 ‘‘(viii) provision for necessary funds—

9 ‘‘(I) to ensure timely repairs or

10 other changes to, or removal of, a

11 dam in order to protect human life

12 and property; and

13 ‘‘(II) if the owner of the dam

14 does not take action described in sub15 clause (I), to take appropriate action

16 as expeditiously as practicable;

17 ‘‘(ix) a system of emergency proce18 dures to be used if a dam fails or if the

19 failure of a dam is imminent; and

20 ‘‘(x) an identification of—

21 ‘‘(I) each dam the failure of

22 which could be reasonably expected to

23 endanger human life;

24 ‘‘(II) the maximum area that

25 could be flooded if the dam failed; and
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1 ‘‘(III) necessary public facilities

2 that would be affected by the flooding.

3 ‘‘(B) FUNDING.—For a State to be eligible

4 for assistance under this subsection, State ap5 propriations must be budgeted to carry out the

6 legislation of the State under subparagraph (A).

7 ‘‘(3) WORK PLANS.—The Director shall enter

8 into a contract with each State receiving assistance

9 under paragraph (2) to develop a work plan nec10 essary for the State dam safety program of the

11 State to reach a level of program performance speci12 fied in the contract.

13 ‘‘(4) MAINTENANCE OF EFFORT.—Assistance

14 may not be provided to a State under this subsection

15 for a fiscal year unless the State enters into such

16 agreement with the Director as the Director requires

17 to ensure that the State will maintain the aggregate

18 expenditures of the State from all other sources for

19 programs to ensure dam safety for the protection of

20 human life and property at or above a level equal to

21 the average annual level of the expenditures for the

22 2 fiscal years preceding the fiscal year.

23 ‘‘(5) APPROVAL OF PROGRAMS.—

24 ‘‘(A) SUBMISSION.—For a State to be eli25 gible for assistance under this subsection, a
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1 plan for a State dam safety program shall be

2 submitted to the Director.

3 ‘‘(B) APPROVAL.—A State dam safety pro4 gram shall be deemed to be approved 120 days

5 after the date of receipt by the Director unless

6 the Director determines within the 120-day pe7 riod that the State dam safety program fails to

8 substantially meet the requirements of para9 graphs (1) through (3).

10 ‘‘(C) NOTIFICATION OF DISAPPROVAL.—If

11 the Director determines that a State dam safety

12 program does not meet the requirements for ap13 proval, the Director shall immediately notify the

14 State in writing and provide the reasons for the

15 determination and the changes that are nec16 essary for the plan to be approved.

17 ‘‘(6) REVIEW OF STATE DAM SAFETY PRO18 GRAMS.—Using the expertise of the Board, the Di19 rector shall periodically review State dam safety pro20 grams. If the Board finds that a State dam safety

21 program has proven inadequate to reasonably pro22 tect human life and property, and the Director con23 curs, the Director shall revoke approval of the State

24 dam safety program, and withhold assistance under
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1 this subsection, until the State dam safety program

2 again meets the requirements for approval.

3 ‘‘(g) DAM SAFETY TRAINING.—At the request of any

4 State that has or intends to develop a State dam safety

5 program, the Director shall provide training for State dam

6 safety staff and inspectors.

7 ‘‘(h) BOARD.—

8 ‘‘(1) ESTABLISHMENT.—The Director may es9 tablish an advisory board to be known as the ‘Na10 tional Dam Safety Review Board’ to monitor State

11 implementation of this section.

12 ‘‘(2) AUTHORITY.—The Board may use the ex13 pertise of Federal agencies and enter into contracts

14 for necessary studies to carry out this section.

15 ‘‘(3) MEMBERSHIP.—The Board shall consist of

16 11 members selected by the Director for expertise in

17 dam safety, of whom—

18 ‘‘(A) 1 member shall represent the Depart19 ment of Agriculture;

20 ‘‘(B) 1 member shall represent the Depart21 ment of Defense;

22 ‘‘(C) 1 member shall represent the Depart23 ment of the Interior;

24 ‘‘(D) 1 member shall represent FEMA;
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1 ‘‘(E) 1 member shall represent the Federal

2 Energy Regulatory Commission;

3 ‘‘(F) 5 members shall be selected by the

4 Director from among dam safety officials of

5 States; and

6 ‘‘(G) 1 member shall be selected by the Di7 rector to represent the United States Commit8 tee on Large Dams.

9 ‘‘(4) COMPENSATION OF MEMBERS.—

10 ‘‘(A) FEDERAL EMPLOYEES.—Each mem11 ber of the Board who is an officer or employee

12 of the United States shall serve without com13 pensation in addition to compensation received

14 for the services of the member as an officer or

15 employee of the United States.

16 ‘‘(B) OTHER MEMBERS.—Each member of

17 the Board who is not an officer or employee of

18 the United States shall serve without compensa19 tion.

20 ‘‘(5) TRAVEL EXPENSES.—Each member of the

21 Board shall be allowed travel expenses, including per

22 diem in lieu of subsistence, at rates authorized for

23 an employee of an agency under subchapter I of

24 chapter 57 of title 5, United States Code, while

25 away from the home or regular place of business of
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1 the member in the performance of services for the

2 Board.

3 ‘‘(6) APPLICABILITY OF FEDERAL ADVISORY

4 COMMITTEE ACT.—The Federal Advisory Committee

5 Act (5 U.S.C. App.) shall not apply to the Board.

6 ‘‘SEC. 9. RESEARCH.

7 ‘‘(a) IN GENERAL.—The Director, in cooperation

8 with ICODS, shall carry out a program of technical and

9 archival research to develop—

10 ‘‘(1) improved techniques, historical experience,

11 and equipment for rapid and effective dam construc12 tion, rehabilitation, and inspection; and

13 ‘‘(2) devices for the continued monitoring of the

14 safety of dams.

15 ‘‘(b) CONSULTATION.—The Director shall provide for

16 State participation in research under subsection (a) and

17 periodically advise all States and Congress of the results

18 of the research.

19 ‘‘SEC. 10. REPORTS.

20 ‘‘(a) REPORT ON DAM INSURANCE.—Not later than

21 180 days after the date of enactment of this subsection,

22 the Director shall report to Congress on the availability

23 of dam insurance and make recommendations concerning

24 encouraging greater availability.
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1 ‘‘(b) BIENNIAL REPORTS.—Not later than 90 days

2 after the end of each odd-numbered fiscal year, the Direc3 tor shall submit a report to Congress that—

4 ‘‘(1) describes the status of the Program;

5 ‘‘(2) describes the progress achieved by Federal

6 agencies during the 2 preceding fiscal years in im7 plementing the Federal Guidelines for Dam Safety;

8 ‘‘(3) describes the progress achieved in dam

9 safety by States participating in the Program; and

10 ‘‘(4) includes any recommendations for legisla11 tive and other action that the Director considers

12 necessary.’’;

13 (9) in section 11 (as redesignated by paragraph

14 (3))—

15 (A) by striking ‘‘SEC. 11. Nothing’’ and in16 serting the following:

17 ‘‘SEC. 11. STATUTORY CONSTRUCTION.

18 ‘‘Nothing’’;

19 (B) by striking ‘‘shall be construed (1) to

20 create’’ and inserting the following: ‘‘shall—

21 ‘‘(1) create’’;

22 (C) by striking ‘‘or (2) to relieve’’ and in23 serting the following:

24 ‘‘(2) relieve’’; and
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1 (D) by striking the period at the end and

2 inserting the following: ‘‘; or

3 ‘‘(3) preempt any other Federal or State law.’’;

4 and

5 (10) by adding at the end the following:

6 ‘‘SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

7 ‘‘(a) FUNDING.—

8 ‘‘(1) NATIONAL DAM SAFETY PROGRAM.—

9 ‘‘(A) ANNUAL AMOUNTS.—There are au10 thorized to be appropriated to FEMA to carry

11 out sections 7, 8, and 10 (in addition to any

12 amounts made available for similar purposes in13 cluded in any other Act and amounts made

14 available under paragraphs (2) through (5)),

15 $1,000,000 for fiscal year 1997, $2,000,000 for

16 fiscal year 1998, $4,000,000 for fiscal year

17 1999, $4,000,000 for fiscal year 2000, and

18 $4,000,000 for fiscal year 2001.

19 ‘‘(B) ALLOCATION.—

20 ‘‘(i) IN GENERAL.—Subject to clauses

21 (ii) and (iii), for each fiscal year, amounts

22 made available under this paragraph to

23 carry out section 8 shall be allocated

24 among the States as follows:
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1 ‘‘(I) One-third among States that

2 qualify for assistance under section

3 8(f).

4 ‘‘(II) Two-thirds among States

5 that qualify for assistance under sec6 tion 8(f), to each such State in pro7 portion to—

8 ‘‘(aa) the number of dams in

9 the State that are listed as State10 regulated dams on the inventory

11 of dams maintained under sec12 tion 6; as compared to

13 ‘‘(bb) the number of dams in

14 all States that are listed as

15 State-regulated dams on the in16 ventory of dams maintained

17 under section 6.

18 ‘‘(ii) MAXIMUM AMOUNT OF ALLOCA19 TION.—The amount of funds allocated to a

20 State under this subparagraph may not ex21 ceed 50 percent of the reasonable cost of

22 implementing the State dam safety pro23 gram.

24 ‘‘(iii) DETERMINATION.—The Director

25 and the Board shall determine the amount
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1 allocated to States needing primary assist2 ance and States needing advanced assist3 ance under section 8(f).

4 ‘‘(2) NATIONAL DAM INVENTORY.—There is au5 thorized to be appropriated to carry out section 6

6 $500,000 for each fiscal year.

7 ‘‘(3) DAM SAFETY TRAINING.—There is author8 ized to be appropriated to carry out section 8(g)

9 $500,000 for each of fiscal years 1997 through

10 2001.

11 ‘‘(4) RESEARCH.—There is authorized to be ap12 propriated to carry out section 9 $1,000,000 for

13 each of fiscal years 1997 through 2001.

14 ‘‘(5) STAFF.—There is authorized to be appro15 priated to FEMA for the employment of such addi16 tional staff personnel as are necessary to carry out

17 sections 6 through 9 $400,000 for each of fiscal

18 years 1997 through 2001.

19 ‘‘(b) LIMITATION ON USE OF AMOUNTS.—Amounts

20 made available under this Act may not be used to con21 struct or repair any Federal or non-Federal dam.’’.

22 (d) CONFORMING AMENDMENT.—Section 3(2) of the

23 Indian Dams Safety Act of 1994 (25 U.S.C. 3802(2)) is

24 amended by striking ‘‘the first section of Public Law 92–
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1 367 (33 U.S.C. 467)’’ and inserting ‘‘section 2 of the Na2 tional Dam Safety Program Act’’.

3 SEC. 304. HYDROELECTRIC POWER PROJECT UPRATING.

4 (a) IN GENERAL.—In carrying out the maintenance,

5 rehabilitation, and modernization of a hydroelectric power

6 generating facility at a water resources project under the

7 jurisdiction of the Department of the Army, the Secretary

8 is authorized, to the extent funds are made available in

9 appropriations Acts, to take such actions as are necessary

10 to increase the efficiency of energy production or the ca11 pacity of the facility, or both, if, after consulting with the

12 heads of other appropriate Federal and State agencies, the

13 Secretary determines that the increase—

14 (1) is economically justified and financially fea15 sible;

16 (2) will not result in any significant adverse ef17 fect on the other purposes for which the project is

18 authorized;

19 (3) will not result in significant adverse envi20 ronmental impacts; and

21 (4) will not involve major structural or oper22 ational changes in the project.

23 (b) EFFECT ON OTHER AUTHORITY.—This section

24 shall not affect the authority of the Secretary and the Ad25 ministrator of the Bonneville Power Administration under
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1 section 2406 of the Energy Policy Act of 1992 (16 U.S.C.

2 839d–1).

3 SEC. 305. FEDERAL LUMP-SUM PAYMENTS FOR FEDERAL

4 OPERATION AND MAINTENANCE COSTS.

5 (a) IN GENERAL.—In the case of a water resources

6 project under the jurisdiction of the Department of the

7 Army for which the non-Federal interests are responsible

8 for performing the operation, maintenance, replacement,

9 and rehabilitation of the project, or a separable element

10 (as defined in section 103(f) of the Water Resources De11 velopment Act of 1986 (33 U.S.C. 2213(f)) of the project,

12 and for which the Federal Government is responsible for

13 paying a portion of the operation, maintenance, replace14 ment, and rehabilitation costs of the project or separable

15 element, the Secretary may make, in accordance with this

16 section and under terms and conditions acceptable to the

17 Secretary, a payment of the estimated total Federal share

18 of the costs to the non-Federal interests after completion

19 of construction of the project or separable element.

20 (b) AMOUNT OF PAYMENT.—The amount that may

21 be paid by the Secretary under subsection (a) shall be

22 equal to the present value of the Federal payments over

23 the life of the project, as estimated by the Federal Govern24 ment, and shall be computed using an interest rate deter25 mined by the Secretary of the Treasury taking into consid-
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1 eration current market yields on outstanding marketable

2 obligations of the United States with maturities com3 parable to the remaining life of the project.

4 (c) AGREEMENT.—The Secretary may make a pay5 ment under this section only if the non-Federal interests

6 have entered into a binding agreement with the Secretary

7 to perform the operation, maintenance, replacement, and

8 rehabilitation of the project or separable element. The

9 agreement shall—

10 (1) meet the requirements of section 221 of the

11 Flood Control Act of 1970 (42 U.S.C. 1962d–5b);

12 and

13 (2) specify—

14 (A) the terms and conditions under which

15 a payment may be made under this section; and

16 (B) the rights of, and remedies available

17 to, the Federal Government to recover all or a

18 portion of a payment made under this section

19 if a non-Federal interest suspends or terminates

20 the performance by the non-Federal interest of

21 the operation, maintenance, replacement, and

22 rehabilitation of the project or separable ele23 ment, or fails to perform the activities in a

24 manner that is satisfactory to the Secretary.
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1 (d) EFFECT OF PAYMENT.—Except as provided in

2 subsection (c), a payment provided to the non-Federal in3 terests under this section shall relieve the Federal Govern4 ment of any obligation, after the date of the payment, to

5 pay any of the operation, maintenance, replacement, or re6 habilitation costs for the project or separable element.

7 SEC. 306. COST-SHARING FOR REMOVAL OF EXISTING

8 PROJECT FEATURES.

9 After the date of enactment of this Act, any proposal

10 submitted to Congress by the Secretary for modification

11 of an existing authorized water resources development

12 project (in existence on the date of the proposal) by re13 moval of one or more of the project features that would

14 significantly and adversely impact the authorized project

15 purposes or outputs shall include the recommendation that

16 the non-Federal interests shall provide 50 percent of the

17 cost of any such modification, including the cost of acquir18 ing any additional interests in lands that become nec19 essary for accomplishing the modification.

20 SEC. 307. TERMINATION OF TECHNICAL ADVISORY COM21 MITTEE.

22 Section 310 of the Water Resources Development Act

23 of 1990 (33 U.S.C. 2319) is amended—

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

25 (2) in subsection (b)—
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1 (A) by striking ‘‘(b) PUBLIC PARTICIPA2 TION.—’’; and

3 (B) by striking ‘‘subsection’’ each place it

4 appears and inserting ‘‘section’’.

5 SEC. 308. CONDITIONS FOR PROJECT DEAUTHORIZATIONS.

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

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

8 579a(b)(2)) is amended—

9 (1) in the first sentence, by striking ‘‘10’’ and

10 inserting ‘‘5’’;

11 (2) in the second sentence, by striking ‘‘Before’’

12 and inserting ‘‘Upon official’’; and

13 (3) in the last sentence, by inserting ‘‘the plan14 ning, design, or’’ before ‘‘construction’’.

15 (b) CONFORMING AMENDMENTS.—Section 52 of the

16 Water Resources Development Act of 1988 (Public Law

17 100–676; 102 Stat. 4044) is amended—

18 (1) by striking subsection (a) (33 U.S.C. 579a

19 note);

20 (2) by redesignating subsections (b) through (e)

21 as subsections (a) through (d), respectively; and

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

23 striking ‘‘or subsection (a) of this section’’.
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1 SEC. 309. PARTICIPATION IN INTERNATIONAL ENGINEER2 ING AND SCIENTIFIC CONFERENCES.

3 Section 211 of the Flood Control Act of 1950 (33

4 U.S.C. 701u) is repealed.

5 SEC. 310. RESEARCH AND DEVELOPMENT IN SUPPORT OF

6 ARMY CIVIL WORKS PROGRAM.

7 (a) IN GENERAL.—In carrying out research and de8 velopment in support of the civil works program of the

9 Department of the Army, the Secretary may utilize con10 tracts, cooperative research and development agreements,

11 and cooperative agreements with, and grants to, non-Fed12 eral entities, including State and local governments, col13 leges and universities, consortia, professional and tech14 nical societies, public and private scientific and technical

15 foundations, research institutions, educational organiza16 tions, and nonprofit organizations.

17 (b) COMMERCIAL APPLICATION.—In the case of a

18 contract for research or development, or both, the Sec19 retary may—

20 (1) require that the research or development, or

21 both, have potential commercial application; and

22 (2) use the potential for commercial application

23 as an evaluation factor, if appropriate.
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1 SEC. 311. INTERAGENCY AND INTERNATIONAL SUPPORT

2 AUTHORITY.

3 (a) IN GENERAL.—The Secretary may engage in ac4 tivities in support of other Federal agencies or inter5 national organizations to address problems of national sig6 nificance to the United States. The Secretary may engage

7 in activities in support of international organizations only

8 after consulting with the Secretary of State. The Secretary

9 may use the technical and managerial expertise of the

10 Army Corps of Engineers to address domestic and inter11 national problems related to water resources, infrastruc12 ture development, and environmental protection.

13 (b) FUNDING.—There are authorized to be appro14 priated $1,000,000 to carry out this section. The Sec15 retary may accept and expend additional funds from other

16 Federal agencies or international organizations to carry

17 this section.

18 SEC. 312. SECTION 1135 PROGRAM.

19 (a) EXPANSION OF PROGRAM.—Section 1135 of the

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

21 2309a) is amended—

22 (1) in subsection (a), by inserting before the pe23 riod at the end the following: ‘‘and to determine if

24 the operation of the projects has contributed to the

25 degradation of the quality of the environment’’;
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1 (2) in subsection (b), by striking the last two

2 sentences;

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

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

5 (4) by inserting after subsection (b) the follow6 ing:

7 ‘‘(c) MEASURES TO RESTORE ENVIRONMENTAL

8 QUALITY.—If the Secretary determines under subsection

9 (a) that operation of a water resources project has contrib10 uted to the degradation of the quality of the environment,

11 the Secretary may carry out, with respect to the project,

12 measures for the restoration of environmental quality, if

13 the measures are feasible and consistent with the author14 ized purposes of the project.

15 ‘‘(d) FUNDING.—The non-Federal share of the cost

16 of any modification or measure carried out pursuant to

17 subsection (b) or (c) shall be 25 percent. Not more than

18 $5,000,000 in Federal funds may be expended on any 1

19 such modification or measure.’’.

20 (b) PINE FLAT DAM FISH AND WILDLIFE HABITAT

21 RESTORATION, CALIFORNIA.—In accordance with section

22 1135(b) of the Water Resources Development Act of 1986

23 (33 U.S.C. 2309a(b)), the Secretary shall carry out the

24 construction of a turbine bypass at Pine Flat Dam, Kings

25 River, California.
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1 (c) LOWER AMAZON CREEK RESTORATION, OR2 EGON.—In accordance with section 1135 of the Water Re3 sources Development Act of 1986 (33 U.S.C. 2309a), the

4 Secretary may carry out justified environmental restora5 tion measures with respect to the flood reduction measures

6 constructed by the Army Corps of Engineers, and the re7 lated flood reduction measures constructed by the Natural

8 Resources Conservation Service, in the Amazon Creek

9 drainage. The Federal share of the restoration measures

10 shall be jointly funded by the Army Corps of Engineers

11 and the Natural Resources Conservation Service in pro12 portion to the share required to be paid by each agency

13 of the original costs of the flood reduction measures.

14 SEC. 313. ENVIRONMENTAL DREDGING.

15 Section 312 of the Water Resources Development Act

16 of 1990 (Public Law 101–640; 33 U.S.C. 1252 note) is

17 amended by striking subsection (f).

18 SEC. 314. FEASIBILITY STUDIES.

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

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

21 2215(a)(1)) is amended—

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

23 the period of such study’’;

24 (2) by inserting after the first sentence the fol25 lowing: ‘‘During the period of the study, the non-
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1 Federal share of the cost of the study shall be not

2 more than 50 percent of the estimate of the cost of

3 the study as contained in the feasibility cost sharing

4 agreement. The cost estimate may be amended only

5 by mutual agreement of the Secretary and the non6 Federal interests. The non-Federal share of any

7 costs in excess of the cost estimate shall, except as

8 otherwise mutually agreed by the Secretary and the

9 non-Federal interests, be payable after the project

10 has been authorized for construction and on the date

11 on which the Secretary and non-Federal interests

12 enter into an agreement pursuant to section 101(e)

13 or 103(j).’’; and

14 (3) in the last sentence, by striking ‘‘such non15 Federal contribution’’ and inserting ‘‘the non-Fed16 eral share required under this paragraph’’.

17 (b) APPLICABILITY.—The amendments made by sub18 section (a) shall apply notwithstanding any feasibility cost

19 sharing agreement entered into by the Secretary and non20 Federal interests, and the Secretary shall amend any fea21 sibility cost sharing agreements in effect on the date of

22 enactment of this Act so as to conform the agreements

23 with the amendments. Nothing in this section or any

24 amendment made by this section shall require the Sec-
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1 retary to reimburse the non-Federal interests for funds

2 previously contributed for a study.

3 SEC. 315. OBSTRUCTION REMOVAL REQUIREMENT.

4 (a) PENALTY.—Section 16 of the Act entitled ‘‘An

5 Act making appropriations for the construction, repair,

6 and preservation of certain public works on rivers and har7 bors, and for other purposes’’, approved March 3, 1899

8 (33 U.S.C. 411), is amended—

9 (1) by striking ‘‘sections thirteen, fourteen, and

10 fifteen’’ and inserting ‘‘section 13, 14, 15, 19, or

11 20’’; and

12 (2) by striking ‘‘not exceeding twenty-five hun13 dred dollars nor less than five hundred dollars’’ and

14 inserting ‘‘of not more than $25,000 for each day

15 that the violation continues’’.

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

17 (33 U.S.C. 415) is amended—

18 (1) in subsection (a)—

19 (A) by striking ‘‘Under emergency’’ and

20 inserting ‘‘SUMMARY REMOVAL PROCE21 DURES.—Under emergency’’; and

22 (B) by striking ‘‘expense’’ the first place it

23 appears and inserting ‘‘actual expense, includ24 ing administrative expenses,’’;

25 (2) in subsection (b)—
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1 (A) by striking ‘‘cost’’ and inserting ‘‘ac2 tual cost, including administrative costs,’’; and

3 (B) by striking ‘‘(b) The’’ and inserting

4 ‘‘(c) LIABILITY OF OWNER, LESSEE, OR OPER5 ATOR.—The’’; and

6 (3) by inserting after subsection (a) the follow7 ing:

8 ‘‘(b) REMOVAL REQUIREMENT.—Not later than 24

9 hours after the Secretary of the Department in which the

10 Coast Guard is operating issues an order to stop or delay

11 navigation in any navigable waters of the United States

12 because of conditions related to the sinking or grounding

13 of a vessel, the owner or operator of the vessel, with the

14 approval of the Secretary of the Army, shall begin removal

15 of the vessel using the most expeditious removal method

16 available or, if appropriate, secure the vessel pending re17 moval to allow navigation to resume. If the owner or oper18 ator fails to begin removal or to secure the vessel pending

19 removal in accordance with the preceding sentence or fails

20 to complete removal as soon as possible, the Secretary of

21 the Army shall remove or destroy the vessel using the sum22 mary removal procedures under subsection (a).’’.

23 SEC. 316. LEVEE OWNERS MANUAL.

24 Section 5 of the Act entitled ‘‘An Act authorizing the

25 construction of certain public works on rivers and harbors
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1 for flood control, and for other purposes’’, approved Au2 gust 18, 1941 (33 U.S.C. 701n), is amended by adding

3 at the end the following:

4 ‘‘(c) LEVEE OWNERS MANUAL.—

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

6 the date of enactment of this subsection, in accord7 ance with chapter 5 of title 5, United States Code,

8 the Secretary shall prepare a manual describing the

9 maintenance and upkeep responsibilities that the

10 Army Corps of Engineers requires of a non-Federal

11 interest in order for the non-Federal interest to re12 ceive Federal assistance under this section. The Sec13 retary shall provide a copy of the manual at no cost

14 to each non-Federal interest that is eligible to re15 ceive Federal assistance under this section.

16 ‘‘(2) PROHIBITION ON DELEGATION.—The

17 preparation of the manual shall be carried out under

18 the personal direction of the Secretary.

19 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—

20 There are authorized to be appropriated $1,000,000

21 to carry out this subsection.

22 ‘‘(4) DEFINITIONS.—In this subsection:

23 ‘‘(A) MAINTENANCE AND UPKEEP.—The

24 term ‘maintenance and upkeep’ means all main25 tenance and general upkeep of a levee per-
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1 formed on a regular and consistent basis that

2 is not repair and rehabilitation.

3 ‘‘(B) REPAIR AND REHABILITATION.—The

4 term ‘repair and rehabilitation’—

5 ‘‘(i) except as provided in clause (ii),

6 means the repair or rebuilding of a levee or

7 other flood control structure, after the

8 structure has been damaged by a flood, to

9 the level of protection provided by the

10 structure before the flood; and

11 ‘‘(ii) does not include—

12 ‘‘(I) any improvement to the

13 structure; or

14 ‘‘(II) repair or rebuilding de15 scribed in clause (i) if, in the normal

16 course of usage, the structure becomes

17 structurally unsound and is no longer

18 fit to provide the level of protection

19 for which the structure was designed.

20 ‘‘(C) SECRETARY.—The term ‘Secretary’

21 means the Secretary of the Army.’’.

22 SEC. 317. RISK-BASED ANALYSIS METHODOLOGY.

23 (a) IN GENERAL.—Not later than 1 year after the

24 date of enactment of this Act, the Secretary shall obtain

25 the services of an independent consultant to evaluate—
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1 (1) the relationship between—

2 (A) the Risk-Based Analysis for Evalua3 tion of Hydrology/Hydraulics and Economics in

4 Flood Damage Reduction Studies established in

5 an Army Corps of Engineers engineering cir6 cular; and

7 (B) minimum engineering and safety

8 standards;

9 (2) the validity of results generated by the stud10 ies described in paragraph (1); and

11 (3) policy impacts related to change in the stud12 ies described in paragraph (1).

13 (b) TASK FORCE.—

14 (1) IN GENERAL.—In carrying out the inde15 pendent evaluation under subsection (a), the Sec16 retary, not later than 90 days after the date of en17 actment of this Act, shall establish a task force to

18 oversee and review the analysis.

19 (2) MEMBERSHIP.—The task force shall consist

20 of—

21 (A) the Assistant Secretary of the Army

22 having responsibility for civil works, who shall

23 serve as chairperson of the task force;

24 (B) the Administrator of the Federal

25 Emergency Management Agency;
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1 (C) the Chief of the Natural Resources

2 Conservation Service of the Department of Ag3 riculture;

4 (D) a State representative appointed by

5 the Secretary from among individuals rec6 ommended by the Association of State Flood7 plain Managers;

8 (E) a local government public works offi9 cial appointed by the Secretary from among in10 dividuals recommended by a national organiza11 tion representing public works officials; and

12 (F) an individual from the private sector,

13 who shall be appointed by the Secretary.

14 (3) COMPENSATION.—

15 (A) IN GENERAL.—Except as provided in

16 subparagraph (B), a member of the task force

17 shall serve without compensation.

18 (B) EXPENSES.—Each member of the task

19 force shall be allowed—

20 (i) travel expenses, including per diem

21 in lieu of subsistence, at rates authorized

22 for employees of agencies under subchapter

23 I of chapter 57 of title 5, United States

24 Code, while away from the home or regular
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1 place of business of the member in the per2 formance of services for the task force; and

3 (ii) other expenses incurred in the

4 performance of services for the task force,

5 as determined by the Secretary.

6 (4) TERMINATION.—The task force shall termi7 nate 2 years after the date of enactment of this Act.

8 (c) LIMITATION ON USE OF METHODOLOGY.—Dur9 ing the period beginning on the date of enactment of this

10 Act and ending 2 years after that date, if requested by

11 a non-Federal interest, the Secretary shall refrain from

12 using any risk-based technique required under the studies

13 described in subsection (a) for the evaluation and design

14 of a project carried out in cooperation with the non-Fed15 eral interest unless the Secretary, in consultation with the

16 task force, has provided direction for use of the technique

17 after consideration of the independent evaluation required

18 under subsection (a).

19 (d) AUTHORIZATION OF APPROPRIATIONS.—There

20 are authorized to be appropriated $500,000 to carry out

21 this section.

22 SEC. 318. SEDIMENTS DECONTAMINATION TECHNOLOGY.

23 Section 405 of the Water Resources Development Act

24 of 1992 (Public Law 102–580; 33 U.S.C. 2239 note) is

25 amended—
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1 (1) in subsection (a)—

2 (A) in paragraph (2), by adding at the end

3 the following: ‘‘The goal of the program shall be

4 to make possible the development, on an oper5 ational scale, of 1 or more sediment decon6 tamination technologies, each of which dem7 onstrates a sediment decontamination capacity

8 of at least 2,500 cubic yards per day.’’; and

9 (B) by adding at the end the following:

10 ‘‘(3) REPORT TO CONGRESS.—Not later than

11 September 30, 1996, and September 30 of each year

12 thereafter, the Administrator and the Secretary shall

13 report to Congress on progress made toward the

14 goal described in paragraph (2).’’; and

15 (2) in subsection (c)—

16 (A) by striking ‘‘$5,000,000’’ and inserting

17 ‘‘$10,000,000’’; and

18 (B) by striking ‘‘1992’’ and inserting

19 ‘‘1996’’.

20 SEC. 319. MELALEUCA TREE.

21 Section 104(a) of the River and Harbor Act of 1958

22 (33 U.S.C. 610(a)) is amended by inserting ‘‘melaleuca

23 tree,’’ after ‘‘milfoil,’’.
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1 SEC. 320. FAULKNER ISLAND, CONNECTICUT.

2 In consultation with the Director of the United States

3 Fish and Wildlife Service, the Secretary shall design and

4 construct shoreline protection measures for the coastline

5 adjacent to the Faulkner Island Lighthouse, Connecticut,

6 at a total cost of $4,500,000.

7 SEC. 321. DESIGNATION OF LOCK AND DAM AT THE RED

8 RIVER WATERWAY, LOUISIANA.

9 (a) DESIGNATION.—Lock and Dam numbered 4 of

10 the Red River Waterway, Louisiana, is designated as the

11 ‘‘Russell B. Long Lock and Dam’’.

12 (b) LEGAL REFERENCES.—A reference in any law,

13 regulation, document, map, record, or other paper of the

14 United States to the lock and dam referred to in sub15 section (a) shall be deemed to be a reference to the ‘‘Rus16 sell B. Long Lock and Dam’’.

17 SEC. 322. JURISDICTION OF MISSISSIPPI RIVER COMMIS18 SION, LOUISIANA.

19 The jurisdiction of the Mississippi River Commission

20 established by the Act of June 28, 1879 (21 Stat. 37,

21 chapter 43; 33 U.S.C. 641 et seq.), is extended to include

22 all of the area between the eastern side of the Bayou

23 Lafourche Ridge from Donaldsonville, Louisiana, to the

24 Gulf of Mexico and the west guide levee of the Mississippi

25 River from Donaldsonville, Louisiana, to the Gulf of Mex26 ico.
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1 SEC. 323. WILLIAM JENNINGS RANDOLPH ACCESS ROAD,

2 GARRETT COUNTY, MARYLAND.

3 The Secretary shall transfer up to $600,000 from the

4 funds appropriated for the William Jennings Randolph

5 Lake, Maryland and West Virginia, project to the State

6 of Maryland for use by the State in constructing an access

7 road to the William Jennings Randolph Lake in Garrett

8 County, Maryland.

9 SEC. 324. ARKABUTLA DAM AND LAKE, MISSISSIPPI.

10 The Secretary shall repair the access roads to

11 Arkabutla Dam and Arkabutla Lake in Tate County and

12 DeSoto County, Mississippi, at a total cost of not to ex13 ceed $1,400,000.

14 SEC. 325. NEW YORK STATE CANAL SYSTEM.

15 (a) IN GENERAL.—In order to make capital improve16 ments to the New York State canal system, the Secretary,

17 with the consent of appropriate local and State entities,

18 shall enter into such arrangements, contracts, and leases

19 with public and private entities as may be necessary for

20 the purposes of rehabilitation, renovation, preservation,

21 and maintenance of the New York State canal system and

22 related facilities, including trailside facilities and other

23 recreational projects along the waterways referred to in

24 subsection (c).

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

26 of capital improvements under this section shall be 50 per-
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1 cent. The total cost is $14,000,000, with an estimated

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

3 cost of $7,000,000.

4 (c) DEFINITION OF NEW YORK STATE CANAL SYS5 TEM.—In this section, the term ‘‘New York State canal

6 system’’ means the Erie, Oswego, Champlain, and Ca7 yuga-Seneca Canals in New York.

8 SEC. 326. QUONSET POINT-DAVISVILLE, RHODE ISLAND.

9 The Secretary shall replace the bulkhead between

10 piers 1 and 2 at the Quonset Point-Davisville Industrial

11 Park, Rhode Island, at a total cost of $1,350,000. The

12 estimated Federal share of the project cost is $1,012,500,

13 and the estimated non-Federal share of the project cost

14 is $337,500. In conjunction with this project, the Sec15 retary shall install high mast lighting at pier 2 at a total

16 cost of $300,000, with an estimated Federal cost of

17 $225,000 and an estimated non-Federal cost of $75,000.

18 SEC. 327. CLOUTER CREEK DISPOSAL AREA, CHARLESTON,

19 SOUTH CAROLINA.

20 (a) TRANSFER OF ADMINISTRATIVE JURISDIC21 TION.—Notwithstanding any other law, the Secretary of

22 the Navy shall transfer to the Secretary administrative ju23 risdiction over the approximately 1,400 acres of land

24 under the jurisdiction of the Department of the Navy that
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1 comprise a portion of the Clouter Creek disposal area,

2 Charleston, South Carolina.

3 (b) USE OF TRANSFERRED LAND.—The land trans4 ferred under subsection (a) shall be used by the Depart5 ment of the Army as a dredge material disposal area for

6 dredging activities in the vicinity of Charleston, South

7 Carolina, including the Charleston Harbor navigation

8 project.

9 (c) COST SHARING.—Nothing in this section modifies

10 any non-Federal cost-sharing requirement established

11 under title I of the Water Resources Development Act of

12 1986 (33 U.S.C. 2211 et seq.).

13 SEC. 328. NUISANCE AQUATIC VEGETATION IN LAKE GAS14 TON, VIRGINIA AND NORTH CAROLINA.

15 Section 339(b) of the Water Resources Development

16 Act of 1992 (Public Law 102–580; 106 Stat. 4855) is

17 amended by striking ‘‘1993 and 1994’’ and inserting

18 ‘‘1995 and 1996’’.

19 SEC. 329. WASHINGTON AQUEDUCT.

20 (a) DEFINITIONS.—In this section:

21 (1) NON-FEDERAL PUBLIC WATER SUPPLY CUS22 TOMER.—The term ‘‘non-Federal public water sup23 ply customer’’ means—

24 (A) the District of Columbia;

25 (B) Arlington County, Virginia; and
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1 (C) the City of Falls Church, Virginia.

2 (2) WASHINGTON AQUEDUCT.—The term

3 ‘‘Washington Aqueduct’’ means the Washington Aq4 ueduct facilities and related facilities owned by the

5 Federal Government as of the date of enactment of

6 this Act, including—

7 (A) the dams, intake works, conduits, and

8 pump stations that capture and transport raw

9 water from the Potomac River to the Dalecarlia

10 Reservoir;

11 (B) the infrastructure and appurtenances

12 used to treat water taken from the Potomac

13 River to potable standards; and

14 (C) related water distribution facilities.

15 (b) REGIONAL ENTITY.—

16 (1) IN GENERAL.—Congress encourages and

17 grants consent to the non-Federal public water sup18 ply customers to establish a public or private entity

19 or to enter into an agreement with an existing public

20 or private entity to—

21 (A) receive title to the Washington Aque22 duct; and

23 (B) operate, maintain, and manage the

24 Washington Aqueduct in a manner that ade-
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1 quately represents all interests of non-Federal

2 public water supply customers.

3 (2) CONSIDERATION.—An entity receiving title

4 to the Washington Aqueduct that is not composed

5 entirely of the non-Federal public water supply cus6 tomers shall receive consideration for providing eq7 uity for the Aqueduct.

8 (3) PRIORITY ACCESS.—The non-Federal public

9 water supply customers shall have priority access to

10 any water produced by the Aqueduct.

11 (4) CONSENT OF CONGRESS.—Congress grants

12 consent to the non-Federal public water supply cus13 tomers to enter into any interstate agreement or

14 compact required to carry out this section.

15 (5) STATUTORY CONSTRUCTION.—This section

16 shall not preclude the non-Federal public water sup17 ply customers from pursuing any option regarding

18 ownership, operation, maintenance, and management

19 of the Washington Aqueduct.

20 (c) PROGRESS REPORT AND PLAN.—Not later than

21 1 year after the date of enactment of this Act, the Sec22 retary shall report to the Committee on Environment and

23 Public Works in the Senate and the Committee on Trans24 portation and Infrastructure in the House of Representa25 tives on any progress in achieving a plan for the transfer
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1 of ownership, operation, maintenance, and management of

2 the Washington Aqueduct to a public or private entity.

3 (d) TRANSFER.—

4 (1) IN GENERAL.—Subject to subsection (b)(2)

5 and any terms or conditions the Secretary considers

6 appropriate to protect the interests of the United

7 States, the Secretary may, with the consent of the

8 non-Federal public water supply customers and

9 without consideration to the Federal Government,

10 transfer all rights, title, and interest of the United

11 States in the Washington Aqueduct, its real prop12 erty, facilities, and personalty, to a public or private

13 entity established or contracted with pursuant to

14 subsection (b).

15 (2) ADEQUATE CAPABILITIES.—The Secretary

16 shall transfer ownership to the Washington Aque17 duct under paragraph (1) only if the Secretary de18 termines, after opportunity for public input, that the

19 entity to receive ownership of the Aqueduct has the

20 technical, managerial, and financial capability to op21 erate, maintain, and manage the Aqueduct.

22 (3) RESPONSIBILITIES.—The Secretary shall

23 not transfer title under this subsection unless the

24 entity to receive title assumes full responsibility for

25 performing and financing the operation, mainte-
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1 nance, repair, replacement, rehabilitation, and nec2 essary capital improvements of the Washington Aq3 ueduct so as to ensure the continued operation of

4 the Washington Aqueduct consistent with Aque5 duct’s intended purpose of providing an uninter6 rupted supply of potable water sufficient to meet the

7 current and future needs of the Aqueduct’s service

8 area.

9 (e) INTERIM BORROWING AUTHORITY.—

10 (1) BORROWING.—

11 (A) IN GENERAL.—The Secretary is au12 thorized to borrow from the Treasury of the

13 United States such amounts for fiscal years

14 1997 and 1998 as is sufficient to cover any ob15 ligations that the United States Army Corps of

16 Engineers is required to incur in carrying out

17 capital improvements during fiscal years 1997

18 and 1998 for the Washington Aqueduct to en19 sure continued operation of the Aqueduct until

20 such time as a transfer of title of the Aqueduct

21 has taken place.

22 (B) LIMITATION.—The amount borrowed

23 by the Secretary under subparagraph (A) may

24 not exceed $29,000,000 for fiscal year 1997

25 and $24,000,000 for fiscal year 1998.
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1 (C) AGREEMENT.—Amounts borrowed

2 under subparagraph (A) may only be used for

3 capital improvements agreed to by the Army

4 Corps of Engineers and the non-Federal public

5 water supply customers.

6 (D) TERMS OF BORROWING.—

7 (i) IN GENERAL.—The Secretary of

8 the Treasury shall provide the funds bor9 rowed under subparagraph (A) under such

10 terms and conditions as the Secretary of

11 Treasury determines to be necessary and

12 in the public interest and subject to the

13 contracts required in paragraph (2).

14 (ii) SPECIFIED TERMS.—The term of

15 any amounts borrowed under subpara16 graph (A) shall be for a period of not less

17 than 20 years. There shall be no penalty

18 for the prepayment of any amounts bor19 rowed under subparagraph (A).

20 (2) CONTRACTS WITH PUBLIC WATER SUPPLY

21 CUSTOMERS.—

22 (A) CONTRACTS TO REPAY CORPS DEBT.—

23 To the extent provided in appropriations Act,

24 and in accordance with paragraph (1), the

25 Chief of Engineers of the Army Corps of Engi-
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1 neers may enter into a series of contracts with

2 each public water supply customer under which

3 the customer commits to repay a pro-rata share

4 (based on water purchase) of the principal and

5 interest owed by the Secretary to the Secretary

6 of the Treasury under paragraph (1). Any cus7 tomer, or customers, may prepay, at any time,

8 the pro-rata share of the principal and interest

9 then owed by the customer and outstanding, or

10 any portion thereof, without penalty. Under

11 each of the contracts, the customer that enters

12 into the contract shall commit to pay any addi13 tional amount necessary to fully offset the risk

14 of default on the contract.

15 (B) OFFSETTING OF RISK OF DEFAULT.—

16 Each contract under subparagraph (A) shall in17 clude such additional terms and conditions as

18 the Secretary of the Treasury may require so

19 that the value to the Government of the con20 tracts is estimated to be equal to the

21 obligational authority used by the Army Corps

22 of Engineers for modernizing the Washington

23 Aqueduct at the time that each series of con24 tracts is entered into.
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1 (C) OTHER CONDITIONS.—Each contract

2 entered into under subparagraph (A) shall—

3 (i) provide that the public water sup4 ply customer pledges future income only

5 from fees assessed to operate and maintain

6 the Washington Aqueduct;

7 (ii) provide the United States priority

8 in regard to income from fees assessed to

9 operate and maintain the Washington Aq10 ueduct; and

11 (iii) include other conditions not in12 consistent with this section that the Sec13 retary of the Treasury determines to be

14 appropriate.

15 (3) EXTENSION OF BORROWING AUTHORITY.—

16 If no later than 24 months from the date of enact17 ment of this Act, a written agreement in principle

18 has been reached between the Secretary, the non19 Federal public water supply customers, and (if one

20 exists) the public or private entity proposed to own,

21 operate, maintain, and manage the Washington Aq22 ueduct, then it shall be appropriated to the Sec23 retary for fiscal year 1999 borrowing authority, and

24 the Secretary shall borrow, under the same terms

25 and conditions noted in this subsection, in an
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1 amount sufficient to cover those obligations which

2 the Army Corps of Engineers is required to incur in

3 carrying out capital improvements that year for the

4 Washington Aqueduct to ensure continued oper5 ations until the transfer contemplated in subsection

6 (b) has taken place, provided that this borrowing

7 shall not exceed $22,000,000 in fiscal year 1999;

8 provided also that no such borrowings shall occur

9 once such non-Federal public or private owner shall

10 have been established and achieved the capacity to

11 borrow on its own.

12 (4) IMPACT ON IMPROVEMENT PROGRAM.—Not

13 later than 6 months after the date of enactment of

14 this Act, the Secretary, in consultation with other

15 Federal agencies, shall transmit to the Committee

16 on Environment and Public Works in the Senate

17 and the Committee on Transportation and Infra18 structure in the House of Representatives a report

19 that assesses the impact of the borrowing authority

20 referred to in this subsection on the near term im21 provement projects in the Washington Aqueduct Im22 provement Program, work scheduled during this pe23 riod and the financial liability to be incurred.

24 (f) DELAYED REISSUANCE OF NPDES PERMIT.—In

25 recognition of more efficient water-facility configurations
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1 that might be achieved through various possible ownership

2 transfers of the Washington Aqueduct, the United States

3 Environmental Protection Agency shall delay the reissu4 ance of the NPDES permit for the Washington Aqueduct

5 until Federal fiscal year 1999.

6 SEC. 330. CHESAPEAKE BAY ENVIRONMENTAL RESTORA7 TION AND PROTECTION PROGRAM.

8 (a) ESTABLISHMENT.—

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

10 a pilot program to provide environmental assistance

11 to non-Federal interests in the Chesapeake Bay wa12 tershed.

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

14 of design and construction assistance for water-relat15 ed environmental infrastructure and resource protec16 tion and development projects affecting the Chesa17 peake Bay estuary, including projects for sediment

18 and erosion control, protection of eroding shorelines,

19 protection of essential public works, wastewater

20 treatment and related facilities, water supply and re21 lated facilities, and beneficial uses of dredged mate22 rial, and other related projects that may enhance the

23 living resources of the estuary.

24 (b) PUBLIC OWNERSHIP REQUIREMENT.—The Sec25 retary may provide assistance for a project under this sec-
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1 tion only if the project is publicly owned, and will be pub2 licly operated and maintained.

3 (c) LOCAL COOPERATION AGREEMENT.—

4 (1) IN GENERAL.—Before providing assistance

5 under this section, the Secretary shall enter into a

6 local cooperation agreement with a non-Federal in7 terest to provide for design and construction of the

8 project to be carried out with the assistance.

9 (2) REQUIREMENTS.—Each local cooperation

10 agreement entered into under this subsection shall

11 provide for—

12 (A) the development by the Secretary, in

13 consultation with appropriate Federal, State,

14 and local officials, of a facilities or resource

15 protection and development plan, including ap16 propriate engineering plans and specifications

17 and an estimate of expected resource benefits;

18 and

19 (B) the establishment of such legal and in20 stitutional structures as are necessary to ensure

21 the effective long-term operation and mainte22 nance of the project by the non-Federal inter23 est.

24 (d) COST SHARING.—
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1 (1) FEDERAL SHARE.—Except as provided in

2 paragraph (2)(B), the Federal share of the total

3 project costs of each local cooperation agreement en4 tered into under this section shall be 75 percent.

5 (2) NON-FEDERAL SHARE.—

6 (A) VALUE OF LANDS, EASEMENTS,

7 RIGHTS-OF-WAY, AND RELOCATIONS.—In deter8 mining the non-Federal contribution toward

9 carrying out a local cooperation agreement en10 tered into under this section, the Secretary

11 shall provide credit to a non-Federal interest

12 for the value of lands, easements, rights-of-way,

13 and relocations provided by the non-Federal in14 terest, except that the amount of credit pro15 vided for a project under this paragraph may

16 not exceed 25 percent of the total project costs.

17 (B) OPERATION AND MAINTENANCE

18 COSTS.—The non-Federal share of the costs of

19 operation and maintenance of carrying out the

20 agreement under this section shall be 100 per21 cent.

22 (e) APPLICABILITY OF OTHER FEDERAL AND STATE

23 LAWS AND AGREEMENTS.—

24 (1) IN GENERAL.—Nothing in this section

25 waives, limits, or otherwise affects the applicability
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1 of any provision of Federal or State law that would

2 otherwise apply to a project carried out with assist3 ance provided under this section.

4 (2) COOPERATION.—In carrying out this sec5 tion, the Secretary shall cooperate fully with the

6 heads of appropriate Federal agencies, including—

7 (A) the Administrator of the Environ8 mental Protection Agency;

9 (B) the Secretary of Commerce, acting

10 through the Administrator of the National Oce11 anic and Atmospheric Administration;

12 (C) the Secretary of the Interior, acting

13 through the Director of the United States Fish

14 and Wildlife Service; and

15 (D) the heads of such other Federal agen16 cies and agencies of a State or political subdivi17 sion of a State as the Secretary determines to

18 be appropriate.

19 (f) DEMONSTRATION PROJECT.—The Secretary shall

20 establish at least 1 project under this section in each of

21 the States of Maryland, Virginia, and Pennsylvania. A

22 project established under this section shall be carried out

23 using such measures as are necessary to protect environ24 mental, historic, and cultural resources.
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1 (g) REPORT.—Not later than December 31, 1998,

2 the Secretary shall transmit to Congress a report on the

3 results of the program carried out under this section, to4 gether with a recommendation concerning whether or not

5 the program should be implemented on a national basis.

6 (h) AUTHORIZATION OF APPROPRIATIONS.—There

7 are authorized to be appropriated to carry out this section

8 $10,000,000, to remain available until expended.

9 SEC. 331. RESEARCH AND DEVELOPMENT PROGRAM TO IM10 PROVE SALMON SURVIVAL.

11 (a) SALMON SURVIVAL ACTIVITIES.—

12 (1) IN GENERAL.—The Secretary shall acceler13 ate ongoing research and development activities, and

14 is authorized to carry out or participate in additional

15 research and development activities, for the purpose

16 of developing innovative methods and technologies

17 for improving the survival of salmon, especially

18 salmon in the Columbia River Basin.

19 (2) ACCELERATED ACTIVITIES.—Accelerated re20 search and development activities referred to in

21 paragraph (1) may include research and develop22 ment related to—

23 (A) impacts from water resources projects

24 and other impacts on salmon life cycles;

25 (B) juvenile and adult salmon passage;
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1 (C) light and sound guidance systems;

2 (D) surface-oriented collector systems;

3 (E) transportation mechanisms; and

4 (F) dissolved gas monitoring and abate5 ment.

6 (3) ADDITIONAL ACTIVITIES.—Additional re7 search and development activities referred to in

8 paragraph (1) may include research and develop9 ment related to—

10 (A) marine mammal predation on salmon;

11 (B) studies of juvenile salmon survival in

12 spawning and rearing areas;

13 (C) estuary and near-ocean juvenile and

14 adult salmon survival;

15 (D) impacts on salmon life cycles from

16 sources other than water resources projects;

17 and

18 (E) other innovative technologies and ac19 tions intended to improve fish survival, includ20 ing the survival of resident fish.

21 (4) COORDINATION.—The Secretary shall co22 ordinate any activities carried out under this sub23 section with appropriate Federal, State, and local

24 agencies, affected Indian tribes, and the Northwest

25 Power Planning Council.
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1 (5) REPORT.—Not later than 3 years after the

2 date of enactment of this Act, the Secretary shall

3 transmit to Congress a report on the research and

4 development activities carried out under this sub5 section, including any recommendations of the Sec6 retary concerning the research and development ac7 tivities.

8 (6) AUTHORIZATION OF APPROPRIATIONS.—

9 There are authorized to be appropriated

10 $10,000,000 to carry out research and development

11 activities under subparagraphs (A) through (C) of

12 paragraph (3).

13 (b) ADVANCED TURBINE DEVELOPMENT.—

14 (1) IN GENERAL.—In conjunction with the Sec15 retary of Energy, the Secretary shall accelerate ef16 forts toward developing innovative, efficient, and en17 vironmentally safe hydropower turbines, including

18 design of ‘‘fish-friendly’’ turbines, for use on the Co19 lumbia River hydro system.

20 (2) AUTHORIZATION OF APPROPRIATIONS.—

21 There are authorized to be appropriated

22 $12,000,000 to carry out this subsection.

23 (c) IMPLEMENTATION.—Nothing in this section af24 fects the authority of the Secretary to implement the re-
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1 sults of the research and development carried out under

2 this section or any other law.

3 SEC. 332. RECREATIONAL USER FEES.

4 (a) IN GENERAL.—Section 210(b)(4) of the Flood

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

6 by inserting before the period at the end the following:

7 ‘‘and, subject to the availability of appropriations, shall

8 be used for the purposes specified in section 4(i)(3) of the

9 Act at the water resources development project at which

10 the fees were collected’’.

11 (b) REPORT.—Not later than 90 days after the date

12 of enactment of this Act, the Secretary shall prepare and

13 submit to the Committee on Environment and Public

14 Works of the Senate and the Committee on Transpor15 tation and Infrastructure of the House of Representatives

16 a report, with respect to fiscal year 1995, on—

17 (1) the amount of day-use fees collected under

18 section 210(b) of the Flood Control Act of 1968 (16

19 U.S.C. 460d–3(b)) at each water resources develop20 ment project; and

21 (2) the administrative costs associated with the

22 collection of the day-use fees at each water resources

23 development project.
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1 SEC. 333. SHORE PROTECTION.

2 (a) IN GENERAL.—Subsection (a) of the first section

3 of the Act of August 13, 1946 (60 Stat. 1056, chapter

4 960; 33 U.S.C. 426e(a)), is amended—

5 (1) by striking ‘‘damage to the shores’’ and in6 serting ‘‘damage to the shores and beaches’’; and

7 (2) by striking ‘‘the following provisions’’ and

8 all that follows through the period at the end and

9 inserting the following: ‘‘this Act, to promote shore

10 protection projects and related research that encour11 age the protection, restoration, and enhancement of

12 sandy beaches, including beach restoration and peri13 odic beach nourishment, on a comprehensive and co14 ordinated basis by the Federal Government, States,

15 localities, and private enterprises. In carrying out

16 this policy, preference shall be given to areas in

17 which there has been a Federal investment of funds

18 and areas with respect to which the need for preven19 tion or mitigation of damage to shores and beaches

20 is attributable to Federal navigation projects or

21 other Federal activities.’’.

22 (b) DEFINITION OF SHORE PROTECTION

23 PROJECT.—Section 4 of the Act of August 13, 1946 (60

24 Stat. 1057, chapter 960; 33 U.S.C. 426h), is amended—
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1 (1) by striking ‘‘SEC. 4. As used in this Act,

2 the word ‘shores’ includes all the shorelines’’ and in3 serting the following:

4 ‘‘SEC. 4. DEFINITIONS.

5 ‘‘In this Act:

6 ‘‘(1) SHORE.—The term ‘shore’ includes each

7 shoreline of each’’; and

8 (2) by adding at the end the following:

9 ‘‘(2) SHORE PROTECTION PROJECT.—The term

10 ‘shore protection project’ includes a project for

11 beach nourishment, including the replacement of

12 sand.’’.

13 SEC. 334. SHORELINE EROSION CONTROL DEMONSTRA14 TION.

15 (a) NATIONAL SHORELINE EROSION CONTROL DE16 VELOPMENT AND DEMONSTRATION PROGRAM.—The Act

17 of August 13, 1946 (60 Stat. 1056, chapter 960; 33

18 U.S.C. 426e et seq.), is amended by adding at the end

19 the following:

20 ‘‘SEC. 5. NATIONAL SHORELINE EROSION CONTROL DEVEL21 OPMENT AND DEMONSTRATION PROGRAM.

22 ‘‘(a) DEFINITIONS.—In this section:

23 ‘‘(1) EROSION CONTROL PROGRAM.—The term

24 ‘erosion control program’ means the national shore-
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1 line erosion control development and demonstration

2 program established under this section.

3 ‘‘(2) SECRETARY.—The term ‘Secretary’ means

4 the Secretary of the Army, acting through the Chief

5 of Engineers of the Army Corps of Engineers.

6 ‘‘(b) ESTABLISHMENT OF EROSION CONTROL PRO7 GRAM.—The Secretary shall establish and conduct a na8 tional shoreline erosion control development and dem9 onstration program for a period of 8 years beginning on

10 the date that funds are made available to carry out this

11 section.

12 ‘‘(c) REQUIREMENTS.—

13 ‘‘(1) IN GENERAL.—The erosion control pro14 gram shall include provisions for—

15 ‘‘(A) demonstration projects consisting of

16 planning, designing, and constructing prototype

17 engineered and vegetative shoreline erosion con18 trol devices and methods during the first 5

19 years of the erosion control program;

20 ‘‘(B) adequate monitoring of the proto21 types throughout the duration of the erosion

22 control program;

23 ‘‘(C) detailed engineering and environ24 mental reports on the results of each dem-
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1 onstration project carried out under the erosion

2 control program; and

3 ‘‘(D) technology transfers to private prop4 erty owners and State and local entities.

5 ‘‘(2) EMPHASIS.—The demonstration projects

6 carried out under the erosion control program shall

7 emphasize, to the extent practicable—

8 ‘‘(A) the development and demonstration

9 of innovative technologies;

10 ‘‘(B) efficient designs to prevent erosion at

11 a shoreline site, taking into account the life12 cycle cost of the design, including cleanup,

13 maintenance, and amortization;

14 ‘‘(C) natural designs, including the use of

15 vegetation or temporary structures that mini16 mize permanent structural alterations;

17 ‘‘(D) the avoidance of negative impacts to

18 adjacent shorefront communities;

19 ‘‘(E) in areas with substantial residential

20 or commercial interests adjacent to the shore21 line, designs that do not impair the aesthetic

22 appeal of the interests;

23 ‘‘(F) the potential for long-term protection

24 afforded by the technology; and
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1 ‘‘(G) recommendations developed from

2 evaluations of the original 1974 program estab3 lished under the Shoreline Erosion Control

4 Demonstration Act of 1974 (section 54 of Pub5 lic Law 93–251; 42 U.S.C. 1962d–5 note), in6 cluding—

7 ‘‘(i) adequate consideration of the

8 subgrade;

9 ‘‘(ii) proper filtration;

10 ‘‘(iii) durable components;

11 ‘‘(iv) adequate connection between

12 units; and

13 ‘‘(v) consideration of additional rel14 evant information.

15 ‘‘(3) SITES.—

16 ‘‘(A) IN GENERAL.—Each demonstration

17 project under the erosion control program shall

18 be carried out at a privately owned site with

19 substantial public access, or a publicly owned

20 site, on open coast or on tidal waters.

21 ‘‘(B) SELECTION.—The Secretary shall de22 velop criteria for the selection of sites for the

23 demonstration projects, including—

24 ‘‘(i) a variety of geographical and cli25 matic conditions;
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1 ‘‘(ii) the size of the population that is

2 dependent on the beaches for recreation,

3 protection of homes, or commercial inter4 ests;

5 ‘‘(iii) the rate of erosion;

6 ‘‘(iv) significant natural resources or

7 habitats and environmentally sensitive

8 areas; and

9 ‘‘(v) significant threatened historic

10 structures or landmarks.

11 ‘‘(C) AREAS.—Demonstration projects

12 under the erosion control program shall be car13 ried out at not fewer than 2 sites on each of the

14 shorelines of—

15 ‘‘(i) the Atlantic, Gulf, and Pacific

16 coasts;

17 ‘‘(ii) the Great Lakes; and

18 ‘‘(iii) the State of Alaska.

19 ‘‘(d) COOPERATION.—

20 ‘‘(1) PARTIES.—The Secretary shall carry out

21 the erosion control program in cooperation with—

22 ‘‘(A) the Secretary of Agriculture, particu23 larly with respect to vegetative means of pre24 venting and controlling shoreline erosion;

25 ‘‘(B) Federal, State, and local agencies;
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1 ‘‘(C) private organizations;

2 ‘‘(D) the Coastal Engineering Research

3 Center established under the first section of

4 Public Law 88–172 (33 U.S.C. 426–1); and

5 ‘‘(E) university research facilities.

6 ‘‘(2) AGREEMENTS.—The cooperation described

7 in paragraph (1) may include entering into agree8 ments with other Federal, State, or local agencies or

9 private organizations to carry out functions de10 scribed in subsection (c)(1) when appropriate.

11 ‘‘(e) REPORT.—Not later than 60 days after the con12 clusion of the erosion control program, the Secretary shall

13 prepare and submit an erosion control program final re14 port to the Committee on Environment and Public Works

15 of the Senate and the Committee on Transportation and

16 Infrastructure of the House of Representatives. The re17 port shall include a comprehensive evaluation of the ero18 sion control program and recommendations regarding the

19 continuation of the erosion control program.

20 ‘‘(f) FUNDING.—

21 ‘‘(1) IN GENERAL.—Subject to paragraph (2),

22 the Federal share of the cost of a demonstration

23 project under the erosion control program shall be

24 determined in accordance with section 3.
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1 ‘‘(2) RESPONSIBILITY.—The cost of and re2 sponsibility for operation and maintenance (exclud3 ing monitoring) of a demonstration project under

4 the erosion control program shall be borne by non5 Federal interests on completion of construction of

6 the demonstration project.’’.

7 (b) CONFORMING AMENDMENT.—Subsection (e) of

8 the first section of the Act of August 13, 1946 (60 Stat.

9 1056, chapter 960; 33 U.S.C. 426e(e)), is amended by

10 striking ‘‘section 3’’ and inserting ‘‘section 3 or 5’’.

11 SEC. 335. REVIEW PERIOD FOR STATE AND FEDERAL AGEN12 CIES.

13 Paragraph (a) of the first section of the Act entitled

14 ‘‘An Act authorizing the construction of certain public

15 works on rivers and harbors for flood control, and for

16 other purposes’’, approved December 22, 1944 (33 U.S.C.

17 701–1(a)), is amended—

18 (1) in the ninth sentence, by striking ‘‘ninety’’

19 and inserting ‘‘30’’; and

20 (2) in the eleventh sentence, by striking ‘‘nine21 ty-day’’ and inserting ‘‘30-day’’.

22 SEC. 336. DREDGED MATERIAL DISPOSAL FACILITIES.

23 (a) IN GENERAL.—Section 101 of the Water Re24 sources Development Act of 1986 (33 U.S.C. 2211) is

25 amended by adding at the end the following:
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1 ‘‘(f) DREDGED MATERIAL DISPOSAL FACILITIES.—

2 ‘‘(1) IN GENERAL.—The construction of all

3 dredged material disposal facilities associated with

4 Federal navigation projects for harbors and inland

5 harbors, including diking and other improvements

6 necessary for the proper disposal of dredged mate7 rial, shall be considered to be general navigation fea8 tures of the projects and shall be cost-shared in ac9 cordance with subsection (a).

10 ‘‘(2) COST SHARING FOR OPERATION AND

11 MAINTENANCE.—

12 ‘‘(A) IN GENERAL.—The Federal share of

13 the cost of operation and maintenance of each

14 disposal facility to which paragraph (1) applies

15 shall be determined in accordance with sub16 section (b).

17 ‘‘(B) SOURCE OF FEDERAL SHARE.—The

18 Federal share of the cost of construction of

19 dredged material disposal facilities associated

20 with the operation and maintenance of Federal

21 navigation projects for harbors and inland har22 bors shall be—

23 ‘‘(i) considered to be eligible operation

24 and maintenance costs for the purpose of

25 section 210(a); and
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1 ‘‘(ii) paid with sums appropriated out

2 of the Harbor Maintenance Trust Fund es3 tablished by section 9505 of the Internal

4 Revenue Code of 1986.

5 ‘‘(3) APPORTIONMENT OF FUNDING.—The Sec6 retary shall ensure, to the extent practicable, that—

7 ‘‘(A) funding requirements for operation

8 and maintenance dredging of commercial navi9 gation harbors are considered fully before Fed10 eral funds are obligated for payment of the

11 Federal share of costs associated with the con12 struction of dredged material disposal facilities

13 under paragraph (1); and

14 ‘‘(B) funds expended for such construction

15 are equitably apportioned in accordance with re16 gional needs.

17 ‘‘(4) APPLICABILITY.—

18 ‘‘(A) IN GENERAL.—This subsection shall

19 apply to the construction of any dredged mate20 rial disposal facility for which a contract for

21 construction has not been awarded on or before

22 the date of enactment of this subsection.

23 ‘‘(B) AMENDMENT OF EXISTING AGREE24 MENTS.—The Secretary may, with the consent

25 of the non-Federal interest, amend a project co-
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1 operation agreement executed before the date of

2 enactment of this subsection to reflect para3 graph (1) with respect to any dredged material

4 disposal facility for which a contract for con5 struction has not been awarded as of that date.

6 ‘‘(5) NON-FEDERAL SHARE OF COSTS.—Noth7 ing in this subsection shall impose, increase, or re8 sult in the increase of the non-Federal share of the

9 costs of any existing dredged material disposal facil10 ity authorized to be provided before the date of en11 actment of this subsection.’’.

12 (b) DEFINITION OF ELIGIBLE OPERATIONS AND

13 MAINTENANCE.—Section 214(2)(A) of the Water Re14 sources Development Act of 1986 (33 U.S.C. 2241(2)(A))

15 is amended by inserting before the period at the end the

16 following: ‘‘, dredging and disposal of contaminated sedi17 ments that are in or that affect the maintenance of a Fed18 eral navigation channel, mitigation for storm damage and

19 environmental impacts resulting from a Federal mainte20 nance activity, and operation and maintenance of a

21 dredged material disposal facility’’.

22 SEC. 337. APPLICABILITY OF COST-SHARING PROVISIONS.

23 Section 103(e)(1) of the Water Resources Develop24 ment Act of 1986 (33 U.S.C. 2213(e)(1)) is amended by

25 adding at the end the following: ‘‘For the purpose of the
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1 preceding sentence, physical construction shall be consid2 ered to be initiated on the date of the award of a construc3 tion contract.’’.

4 SEC. 338. SECTION 215 REIMBURSEMENT LIMITATION PER

5 PROJECT.

6 (a) IN GENERAL.—The last sentence of section

7 215(a) of the Flood Control Act of 1968 (42 U.S.C.

8 1962d–5a(a)) is amended—

9 (1) by striking ‘‘$3,000,000’’ and inserting

10 ‘‘$5,000,000’’; and

11 (2) by striking the second period at the end.

12 (b) MODIFICATION OF REIMBURSEMENT LIMITATION

13 FOR SAN ANTONIO RIVER AUTHORITY.—Notwithstanding

14 the last sentence of section 215(a) of the Flood Control

15 Act of 1968 (42 U.S.C. 1962d–5a(a)) and the agreement

16 executed on November 7, 1992, by the Secretary and the

17 San Antonio River Authority, Texas, the Secretary shall

18 reimburse the San Antonio River Authority in an amount

19 not to exceed a total of $5,000,000 for the work carried

20 out by the Authority under the agreement, including any

21 amounts paid to the Authority under the terms of the

22 agreement before the date of enactment of this Act.
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1 SEC. 339. WAIVER OF UNECONOMICAL COST-SHARING RE2 QUIREMENT.

3 The first sentence of section 221(a) of the Flood Con4 trol Act of 1970 (42 U.S.C. 1962d–5b(a)) is amended by

5 inserting before the period at the end the following: ‘‘, ex6 cept that no such agreement shall be required if the Sec7 retary determines that the administrative costs associated

8 with negotiating, executing, or administering the agree9 ment would exceed the amount of the contribution re10 quired from the non-Federal interest’’.

11 SEC. 340. PLANNING ASSISTANCE TO STATES.

12 Section 22 of the Water Resources Development Act

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

14 (1) in subsection (a), by inserting ‘‘, water15 sheds, and ecosystems’’ after ‘‘basins’’;

16 (2) in subsection (b)—

17 (A) by striking paragraph (2); and

18 (B) by redesignating paragraphs (3) and

19 (4) as paragraphs (2) and (3), respectively; and

20 (3) in subsection (c)—

21 (A) by striking ‘‘$6,000,000’’ and inserting

22 ‘‘$10,000,000’’; and

23 (B) by striking ‘‘$300,000’’ and inserting

24 ‘‘$500,000’’.
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1 SEC. 341. RECOVERY OF COSTS FOR CLEANUP OF HAZARD2 OUS SUBSTANCES.

3 Any amount recovered under section 107 of the Com4 prehensive Environmental Response, Compensation, and

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

6 action taken by the Secretary in support of the civil works

7 program of the Army Corps of Engineers, and any amount

8 recovered by the Secretary from a contractor, insurer, sur9 ety, or other person to reimburse the Secretary for any

10 expenditure for environmental response activities in sup11 port of the civil works program, shall be credited to the

12 trust fund account to which the cost of the response action

13 has been or will be charged.

14 SEC. 342. CITY OF NORTH BONNEVILLE, WASHINGTON.

15 Section 9147 of the Department of Defense Appro16 priations Act, 1993 (Public Law 102–396; 106 Stat.

17 1940), is amended to read as follows:

18 ‘‘SEC. 9147. CITY OF NORTH BONNEVILLE, WASHINGTON.

19 ‘‘(a) CONVEYANCES.—

20 ‘‘(1) IN GENERAL.—The project for Bonneville

21 Lock and Dam, Columbia River, Oregon and Wash22 ington, authorized by the Act of August 20, 1937

23 (commonly known as the ‘Bonneville Project Act of

24 1937’) (50 Stat. 731, chapter 720; 16 U.S.C. 832

25 et seq.), and modified by section 83 of the Water

26 Resources Development Act of 1974 (Public Law
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1 93–251; 88 Stat. 35), is further modified to author2 ize the Secretary of the Army to convey to the city

3 of North Bonneville, Washington (referred to in this

4 section as the ‘city’), at no further cost to the city,

5 all right, title, and interest of the United States in

6 and to—

7 ‘‘(A) any municipal facilities, utilities, fix8 tures, and equipment for the relocated city, and

9 any remaining lands designated as open spaces

10 or municipal lots not previously conveyed to the

11 city, specifically Lots M1 through M15, M16

12 (known as the ‘community center lot’), M18,

13 M19, M22, M24, S42 through S45, and S52

14 through S60, as shown on the plats of

15 Skamania County, Washington;

16 ‘‘(B) the lot known as the ‘school lot’ and

17 shown as Lot 2, Block 5, on the plats of relo18 cated North Bonneville, recorded in Skamania

19 County, Washington;

20 ‘‘(C) Parcels 2 and C, but only on the

21 completion of any environmental response ac22 tivities required under applicable law;

23 ‘‘(D) that portion of Parcel B lying south

24 of the city boundary, west of the sewage treat25 ment plant, and north of the drainage ditch
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1 that is located adjacent to the northerly limit of

2 the Hamilton Island landfill, if the Secretary of

3 the Army determines, at the time of the pro4 posed conveyance, that the Department of the

5 Army has taken all actions necessary to protect

6 human health and the environment;

7 ‘‘(E) such portions of Parcel H as can be

8 conveyed without a requirement for further in9 vestigation, inventory, or other action by the

10 Secretary of the Army under the National His11 toric Preservation Act (16 U.S.C. 470 et seq.);

12 and

13 ‘‘(F) such easements as the Secretary of

14 the Army considers necessary for—

15 ‘‘(i) sewer and water line crossings of

16 relocated Washington State Highway 14;

17 and

18 ‘‘(ii) reasonable public access to the

19 Columbia River across such portions of

20 Hamilton Island as remain in the owner21 ship of the United States.

22 ‘‘(2) TIMING OF CONVEYANCES.—The convey23 ances described in subparagraphs (A), (B), (E), and

24 (F)(i) of paragraph (1) shall be completed not later

25 than 180 days after the United States receives the
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1 release described in subsection (b)(2). All other con2 veyances shall be completed expeditiously, subject to

3 any conditions specified in the applicable subpara4 graph of paragraph (1).

5 ‘‘(b) EFFECT OF CONVEYANCES.—

6 ‘‘(1) CONGRESSIONAL INTENT.—The convey7 ances authorized by subsection (a) are intended to

8 resolve all outstanding issues between the United

9 States and the city.

10 ‘‘(2) ACTION BY CITY BEFORE CONVEY11 ANCES.—As prerequisites to the conveyances, the

12 city shall—

13 ‘‘(A) execute an acknowledgment of pay14 ment of just compensation;

15 ‘‘(B) execute a release of all claims for re16 lief of any kind against the United States aris17 ing from the relocation of the city or any Fed18 eral statute enacted before the date of enact19 ment of this subparagraph relating to the city;

20 and

21 ‘‘(C) dismiss, with prejudice, any pending

22 litigation involving matters described in sub23 paragraph (B).

24 ‘‘(3) ACTION BY ATTORNEY GENERAL.—On re25 ceipt of the city’s acknowledgment and release de-
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1 scribed in paragraph (2), the Attorney General

2 shall—

3 ‘‘(A) dismiss any pending litigation arising

4 from the relocation of the city; and

5 ‘‘(B) execute a release of all rights to dam6 ages of any kind (including any interest on the

7 damages) under Town of North Bonneville,

8 Washington v. United States, 11 Cl. Ct. 694,

9 aff’d in part and rev’d in part, 833 F.2d 1024

10 (Fed. Cir. 1987), cert. denied, 485 U.S. 1007

11 (1988).

12 ‘‘(4) ACTION BY CITY AFTER CONVEYANCES.—

13 Not later than 60 days after the conveyances au14 thorized by subparagraphs (A) through (F)(i) of

15 subsection (a)(1) have been completed, the city

16 shall—

17 ‘‘(A) execute an acknowledgment that all

18 entitlements to the city under the subpara19 graphs have been fulfilled; and

20 ‘‘(B) execute a release of all claims for re21 lief of any kind against the United States aris22 ing from this section.

23 ‘‘(c) AUTHORITY OF CITY OVER CERTAIN LANDS.—

24 Beginning on the date of enactment of paragraph (1), the

25 city or any successor in interest to the city—
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1 ‘‘(1) shall be precluded from exercising any ju2 risdiction over any land owned in whole or in part

3 by the United States and administered by the Army

4 Corps of Engineers in connection with the Bonne5 ville project; and

6 ‘‘(2) may change the zoning designations of,

7 sell, or resell Parcels S35 and S56, which are des8 ignated as open spaces as of the date of enactment

9 of this paragraph.’’.

10 SEC. 343. COLUMBIA RIVER TREATY FISHING ACCESS.

11 Section 401(a) of Public Law 100–581 (102 Stat.

12 2944) is amended—

13 (1) by striking ‘‘(a) All Federal’’ and all that

14 follows through ‘‘Columbia River Gorge Commis15 sion’’ and inserting the following:

16 ‘‘(a) EXISTING FEDERAL LANDS.—

17 ‘‘(1) IN GENERAL.—All Federal lands that are

18 included within the 20 recommended treaty fishing

19 access sites set forth in the publication of the Army

20 Corps of Engineers entitled ‘Columbia River Treaty

21 Fishing Access Sites Post Authorization Change Re22 port’, dated April 1995,’’; and

23 (2) by adding at the end the following:

24 ‘‘(2) BOUNDARY ADJUSTMENTS.—The Sec25 retary of the Army, in consultation with affected
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1 tribes, may make such minor boundary adjustments

2 to the lands referred to in paragraph (1) as the Sec3 retary determines are necessary to carry out this

4 title.’’.

5 SEC. 344. TRI-CITIES AREA, WASHINGTON.

6 (a) GENERAL AUTHORITY.—As soon as practicable

7 after the date of enactment of this Act, the Secretary shall

8 make the conveyances to the local governments referred

9 to in subsection (b) of all right, title, and interest of the

10 United States in and to the property described in sub11 section (b).

12 (b) PROPERTY DESCRIPTIONS.—

13 (1) BENTON COUNTY, WASHINGTON.—The

14 property to be conveyed under subsection (a) to

15 Benton County, Washington, is the property in the

16 county that is designated ‘‘Area D’’ on Exhibit A to

17 Army Lease No. DACW–68–1–81–43.

18 (2) FRANKLIN COUNTY, WASHINGTON.—The

19 property to be conveyed under subsection (a) to

20 Franklin County, Washington, is—

21 (A) the 105.01 acres of property leased

22 under Army Lease No. DACW–68–1–77–20 as

23 executed by Franklin County, Washington, on

24 April 7, 1977;
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1 (B) the 35 acres of property leased under

2 Supplemental Agreement No. 1 to Army Lease

3 No. DACW–68–1–77–20;

4 (C) the 20 acres of property commonly

5 known as ‘‘Richland Bend’’ that is designated

6 by the shaded portion of Lot 1, Section 11, and

7 the shaded portion of Lot 1, Section 12, Town8 ship 9 North, Range 28 East, W.M. on Exhibit

9 D to Supplemental Agreement No. 2 to Army

10 Lease No. DACW–68–1–77–20;

11 (D) the 7.05 acres of property commonly

12 known as ‘‘Taylor Flat’’ that is designated by

13 the shaded portion of Lot 1, Section 13, Town14 ship 11 North, Range 28 East, W.M. on Ex15 hibit D to Supplemental Agreement No. 2 to

16 Army Lease No. DACW–68–1–77–20;

17 (E) the 14.69 acres of property commonly

18 known as ‘‘Byers Landing’’ that is designated

19 by the shaded portion of Lots 2 and 3, Section

20 2, Township 10 North, Range 28 East, W.M.

21 on Exhibit D to Supplemental Agreement No.

22 2 to Army Lease No. DACW–68–1–77–20; and

23 (F) all levees in Franklin County, Wash24 ington, as of the date of enactment of this Act,
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1 and the property on which the levees are situ2 ated.

3 (3) CITY OF KENNEWICK, WASHINGTON.—The

4 property to be conveyed under subsection (a) to the

5 city of Kennewick, Washington, is the property in

6 the city that is subject to the Municipal Sublease

7 Agreement entered into on April 6, 1989, between

8 Benton County, Washington, and the cities of

9 Kennewick and Richland, Washington.

10 (4) CITY OF RICHLAND, WASHINGTON.—The

11 property to be conveyed under subsection (a) to the

12 city of Richland, Washington, is the property in the

13 city that is subject to the Municipal Sublease Agree14 ment entered into on April 6, 1989, between Benton

15 County, Washington, and the cities of Kennewick

16 and Richland, Washington.

17 (5) CITY OF PASCO, WASHINGTON.—The prop18 erty to be conveyed under subsection (a) to the city

19 of Pasco, Washington, is—

20 (A) the property in the city of Pasco,

21 Washington, that is leased under Army Lease

22 No. DACW–68–1–77–10; and

23 (B) all levees in the city, as of the date of

24 enactment of this Act, and the property on

25 which the levees are situated.
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1 (6) PORT OF PASCO, WASHINGTON.—The prop2 erty to be conveyed under subsection (a) to the Port

3 of Pasco, Washington, is—

4 (A) the property owned by the United

5 States that is south of the Burlington Northern

6 Railroad tracks in Lots 1 and 2, Section 20,

7 Township 9 North, Range 31 East, W.M.; and

8 (B) the property owned by the United

9 States that is south of the Burlington Northern

10 Railroad tracks in Lots 1, 2, 3, and 4, in each

11 of Sections 21, 22, and 23, Township 9 North,

12 Range 31 East, W.M.

13 (7) ADDITIONAL PROPERTIES.—In addition to

14 properties described in paragraphs (1) through (6),

15 the Secretary may convey to a local government re16 ferred to in any of paragraphs (1) through (6) such

17 properties under the jurisdiction of the Secretary in

18 the Tri-Cities area as the Secretary and the local

19 government agree are appropriate for conveyance.

20 (c) TERMS AND CONDITIONS.—

21 (1) IN GENERAL.—The conveyances under sub22 section (a) shall be subject to such terms and condi23 tions as the Secretary considers necessary and ap24 propriate to protect the interests of the United

25 States.
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1 (2) SPECIAL RULES FOR FRANKLIN COUNTY.—

2 The property described in subsection (b)(2)(F) shall

3 be conveyed only after Franklin County, Washing4 ton, enters into a written agreement with the Sec5 retary that provides that the United States shall

6 continue to operate and maintain the flood control

7 drainage areas and pump stations on the property

8 conveyed and that the United States shall be pro9 vided all easements and rights necessary to carry out

10 the agreement.

11 (3) SPECIAL RULE FOR CITY OF PASCO.—The

12 property described in subsection (b)(5)(B) shall be

13 conveyed only after the city of Pasco, Washington,

14 enters into a written agreement with the Secretary

15 that provides that the United States shall continue

16 to operate and maintain the flood control drainage

17 areas and pump stations on the property conveyed

18 and that the United States shall be provided all

19 easements and rights necessary to carry out the

20 agreement.

21 (4) CONSIDERATION.—

22 (A) ADMINISTRATIVE COSTS.—A local gov23 ernment to which property is conveyed under

24 this section shall pay all administrative costs

25 associated with the conveyance.
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1 (B) PARK AND RECREATION PROP2 ERTIES.—Properties to be conveyed under this

3 section that will be retained in public ownership

4 and used for public park and recreation pur5 poses shall be conveyed without consideration.

6 If any such property is no longer used for pub7 lic park and recreation purposes, title to the

8 property shall revert to the United States.

9 (C) OTHER PROPERTIES.—Properties to be

10 conveyed under this section and not described

11 in subparagraph (B) shall be conveyed at fair

12 market value.

13 (d) LAKE WALLULA LEVEES.—

14 (1) DETERMINATION OF MINIMUM SAFE

15 HEIGHT.—

16 (A) CONTRACT.—Not later than 30 days

17 after the date of enactment of this Act, the Sec18 retary shall contract with a private entity

19 agreed to under subparagraph (B) to deter20 mine, not later than 180 days after the date of

21 enactment of this Act, the minimum safe height

22 for the levees of the project for flood control,

23 Lake Wallula, Washington. The Secretary shall

24 have final approval of the minimum safe height.
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1 (B) AGREEMENT OF LOCAL OFFICIALS.—A

2 contract shall be entered into under subpara3 graph (A) only with a private entity agreed to

4 by the Secretary, appropriate representatives of

5 Franklin County, Washington, and appropriate

6 representatives of the city of Pasco, Washing7 ton.

8 (2) AUTHORITY.—A local government may re9 duce, at its cost, the height of any levee of the

10 project for flood control, Lake Wallula, Washington,

11 within the boundaries of the area under the jurisdic12 tion of the local government to a height not lower

13 than the minimum safe height determined under

14 paragraph (1).

15 SEC. 345. DESIGNATION OF LOCKS AND DAMS ON TEN16 NESSEE-TOMBIGBEE WATERWAY.

17 (a) IN GENERAL.—The following locks, and locks and

18 dams, on the Tennessee-Tombigbee Waterway, located in

19 the States of Alabama, Kentucky, Mississippi, and Ten20 nessee, are designated as follows:

21 (1) Gainesville Lock and Dam at Mile 266 des22 ignated as Howell Heflin Lock and Dam.

23 (2) Columbus Lock and Dam at Mile 335 des24 ignated as John C. Stennis Lock and Dam.
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1 (3) The lock and dam at Mile 358 designated

2 as Aberdeen Lock and Dam.

3 (4) Lock A at Mile 371 designated as Amory

4 Lock.

5 (5) Lock B at Mile 376 designated as Glover

6 Wilkins Lock.

7 (6) Lock C at Mile 391 designated as Fulton

8 Lock.

9 (7) Lock D at Mile 398 designated as John

10 Rankin Lock.

11 (8) Lock E at Mile 407 designated as G.V.

12 ‘‘Sonny’’ Montgomery Lock.

13 (9) Bay Springs Lock and Dam at Mile 412

14 designated as Jamie Whitten Lock and Dam.

15 (b) LEGAL REFERENCES.—A reference in any law,

16 regulation, document, map, record, or other paper of the

17 United States to a lock, or lock and dam, referred to in

18 subsection (a) shall be deemed to be a reference to the

19 designation for the lock, or lock and dam, provided in the

20 subsection.

21 SEC. 346. DESIGNATION OF J. BENNETT JOHNSTON WATER22 WAY.

23 (a) IN GENERAL.—The portion of the Red River,

24 Louisiana, from new river mile 0 to new river mile 235
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1 shall be known and designated as the ‘‘J. Bennett John2 ston Waterway’’.

3 (b) REFERENCES.—Any reference in any law, regula4 tion, document, map, record, or other paper of the United

5 States to the portion of the Red River described in sub6 section (a) shall be deemed to be a reference to the ‘‘J.

7 Bennett Johnston Waterway’’.

8 SEC. 347. TECHNICAL CORRECTIONS.

9 (a) CONTRIBUTIONS FOR ENVIRONMENTAL AND

10 RECREATION PROJECTS.—Section 203(b) of the Water

11 Resources Development Act of 1992 (33 U.S.C. 2325(b))

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

13 (b) CHALLENGE COST-SHARING PROGRAM.—The

14 second sentence of section 225(c) of the Act (33 U.S.C.

15 2328(c)) is amended by striking ‘‘(8662)’’ and inserting

16 ‘‘(8862)’’.

Passed the Senate July 11, 1996.

Attest:

Secretary.
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104TH CONGRESS

2D SESSION S. 640

AN ACT

To provide for the conservation and development of

United States, and for other purposes.for improvements to rivers and harbors of theretary of the Army to construct various projectswater and related resources, to authorize the Sec-