Calendar No. 227

104TH CONGRESS

1ST SESSION S. 640

[Report No. 104–170]

A BILL

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 SecNOVEMBER 9, 1995

Reported with an amendment
II

Calendar No. 227

104TH CONGRESS

1ST SESSION S. 640

[Report No. 104–170]

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

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

and for other purposes.

IN THE SENATE OF THE UNITED STATES

MARCH 28 (legislative day, MARCH 27), 1995

Mr. WARNER (for himself, Mr. CHAFEE, Mr. REID, Mr. BOND, Mr. GRAHAM,

and Mr. MCCONNELL) introduced the following bill; which was read twice

and referred to the Committee on Environment and Public Works

NOVEMBER 9, 1995

Reported by Mr. CHAFEE, with an amendment

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

A BILL

To provide for the conservation and development of water

and related resources, to authorize the Secretary of the

Army to construct various projects for improvements to

rivers and harbors of the United States, and for other

purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

3 ‘‘Water Resources Development Act of 1995’’.

4 (b) TABLE OF CONTENTS.—The table of contents of

5 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. Morgan Point, Arkansas.

Sec. 202. White River Basin Lakes, Arkansas and Missouri.

Sec. 203. Pine Flat Dam fish and wildlife habitat restoration, California.

Sec. 204. Central and southern Florida.

Sec. 205. West Palm Beach, Florida.

Sec. 206. Periodic maintenance dredging for Greenville Inner Harbor Channel,

Mississippi.

Sec. 207. Sardis Lake, Mississippi.

Sec. 208. Libby Dam, Montana.

Sec. 209. Small flood control project, Malta, Montana.

Sec. 210. Cliffwood Beach, New Jersey.

Sec. 211. Fire Island Inlet, New York.

Sec. 212. Wister Lake project, LeFlore County, Oklahoma.

Sec. 213. Abandoned and wrecked barge removal, Rhode Island.

Sec. 214. Providence River and Harbor, Rhode Island.

Sec. 215. Rudee Inlet, Virginia Beach, Virginia.

Sec. 216. Virginia Beach, Virginia.

TITLE III—GENERAL PROVISIONS

Sec. 301. Cost-sharing for environmental projects.

Sec. 302. Collaborative research and development.

Sec. 303. National inventory of dams.

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.

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. Expansion of section 1135 program.

Sec. 313. Environmental dredging.
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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. Jennings Randolph access road, Garrett County, Maryland.

Sec. 323. New York State canal system.

Sec. 324. Quonset Point-Davisville, Rhode Island.

Sec. 325. Capital improvements for the Washington Aqueduct.

Sec. 326. Chesapeake Bay environmental restoration and protection program.

Sec. 327. Technical corrections.

1 SEC. 2. DEFINITION OF SECRETARY.

2 In this Act, the term ‘‘Secretary’’ means the Sec3 retary of the Army.

4 TITLE I—WATER RESOURCES

5 PROJECTS

6 SEC. 101. PROJECT AUTHORIZATIONS.

7 Except as otherwise provided in this section, the fol8 lowing projects for water resources development and con9 servation and other purposes are authorized to be carried

10 out by the Secretary substantially in accordance with the

11 plans, and subject to the conditions, recommended in the

12 respective reports designated in this section:

13 (1) MARIN COUNTY SHORELINE, SAN RAFAEL

14 CANAL, CALIFORNIA.—The project for hurricane and

15 storm damage reduction, Marin County Shoreline,

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

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

18 of $27,200,000, with an estimated Federal cost of
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1 $17,700,000 and an estimated non-Federal cost of

2 $9,500,000.

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

4 project for flood control, San Lorenzo River, Califor5 nia: Report of the Chief of Engineers, dated June

6 30, 1994, at a total cost of $16,100,000, with an es7 timated Federal cost of $8,100,000 and an esti8 mated non-Federal cost of $8,000,000 and the habi9 tat restoration, at a total cost of $4,050,000, with

10 an estimated Federal cost of $3,040,000 and an es11 timated non-Federal cost of $1,010,000.

12 (3) SANTA BARBARA HARBOR, SANTA BARBARA

13 COUNTY, CALIFORNIA.—The project for navigation,

14 Santa Barbara Harbor, Santa Barbara, California:

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

16 1994, at a total cost of $5,720,000, with an esti17 mated Federal cost of $4,580,000 and an estimated

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

19 (4) PALM VALLEY BRIDGE REPLACEMENT, ST.

20 JOHNS COUNTY, FLORIDA.—The project for naviga21 tion, Palm Valley Bridge, County Road 210, over

22 the Atlantic Intracoastal Waterway in St. Johns

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

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

25 $15,312,000. As a condition of receipt of Federal
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1 funds, St. Johns County shall assume full ownership

2 of the replacement bridge, including all associated

3 operation, maintenance, repair, replacement, and re4 habilitation costs.

5 (5) ILLINOIS SHORELINE EROSION, INTERIM III,

6 WILMETTE TO ILLINOIS AND INDIANA STATE

7 LINE.—The project for storm damage reduction and

8 shoreline erosion protection from Wilmette, Illinois,

9 to the Illinois and Indiana State line: Report of the

10 Chief of Engineers, dated April 14, 1994, at a total

11 cost of $197,000,000, with an estimated Federal

12 cost of $106,000,000 and an estimated non-Federal

13 cost of $91,000,000, and the breakwater near the

14 South Water Filtration Plant, a separable element

15 of the project at a total cost of $9,027,000, with an

16 estimated Federal cost of $5,868,000 and an esti17 mated non-Federal cost of $3,159,000. The oper18 ation, maintenance, repair, replacement, and reha19 bilitation of the project after construction shall be

20 the responsibility of the non-Federal interests.

21 (6) KENTUCKY LOCK ADDITION, KENTUCKY.—

22 The project for navigation, Kentucky Lock Addition,

23 Kentucky: Report of the Chief of Engineers, dated

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

25 construction costs of the 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 (7) WOLF CREEK HYDROPOWER, CUMBERLAND

8 RIVER, KENTUCKY.—The project for hydropower,

9 Wolf Creek Dam and Lake Cumberland, Kentucky:

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

11 1994, at a total cost of $50,230,000. Funds derived

12 by the Tennessee Valley Authority from the power

13 program of the Authority and funds derived from

14 any private or public entity designated by the South15 eastern Power Administration may be used for all or

16 part of any cost-sharing requirements for the

17 project.

18 (8) STABILIZATION OF NATCHEZ BLUFFS, MIS19 SISSIPPI.—The project for bluff stabilization, Natch20 ez Bluffs, Natchez, Mississippi: Natchez Bluffs

21 Study, dated September 1985, Natchez Bluffs

22 Study: Supplement I, dated June 1990, and Natchez

23 Bluffs Study: Supplement II, dated December 1993,

24 in the portions of the bluffs described in the reports

25 designated in this paragraph as Clifton Avenue, area
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1 3; Bluff above Silver Street, area 6; Bluff above

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

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

4 $17,200,000, with an estimated Federal cost of

5 $12,900,000 and an estimated non-Federal cost of

6 $4,300,000.

7 (9) WOOD RIVER AT GRAND ISLAND, NE8 BRASKA.—The project for flood control, Wood River

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

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

11 $10,500,000, with an estimated Federal cost of

12 $5,250,000 and an estimated non-Federal cost of

13 $5,250,000.

14 (10) WILMINGTON HARBOR, CAPE FEAR15 NORTHEAST CAPE FEAR RIVERS, NORTH CARO16 LINA.—The project for navigation, Wilmington Har17 bor, Cape Fear-Northeast Cape Fear Rivers, North

18 Carolina: Report of the Chief of Engineers, dated

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

20 an estimated Federal cost of $16,955,000 and an es21 timated non-Federal cost of $6,335,000.

22 (11) DUCK CREEK, OHIO.—The project for

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

24 of the Chief of Engineers, dated July 28, 1994, at

25 a total cost of $15,408,000, with an estimated Fed-
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1 eral cost of $11,556,000 and an estimated non-Fed2 eral cost of $3,852,000.

3 (12) POND CREEK, OHIO.—The project for

4 flood control, Pond Creek, Ohio: Report of the Chief

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

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

7 $11,243,000 and an estimated non-Federal cost of

8 $5,622,000.

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

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

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

12 of $14,541,000, with an estimated Federal cost of

13 $10,777,000 and an estimated non-Federal cost of

14 $3,764,000.

15 (14) 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 (15) ATLANTIC INTRACOASTAL WATERWAY

24 BRIDGE REPLACEMENT AT GREAT BRIDGE, CHESA25 PEAKE, VIRGINIA.—The project for navigation at
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1 Great Bridge, Virginia Highway 168, over the Atlan2 tic Intracoastal Waterway in Chesapeake, Virginia:

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

4 1994, at a total cost of $23,680,000, with an esti5 mated Federal cost of $20,341,000 and an esti6 mated non-Federal cost of $3,339,000. The city of

7 Chesapeake shall assume full ownership of the re8 placement bridge, including all associated operation,

9 maintenance, repair, replacement, and rehabilitation

10 costs.

11 (16) MARMET LOCK REPLACEMENT, KANAWHA

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

13 Marmet Lock Replacement, Marmet Locks and

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

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

16 cost of $267,900,000. The construction costs of the

17 project shall be paid—

18 (A) 50 percent from amounts appropriated

19 from the general fund of the Treasury; and

20 (B) 50 percent from amounts appropriated

21 from the Inland Waterways Trust Fund estab22 lished by section 9506 of the Internal Revenue

23 Code of 1986.
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1 SEC. 102. PROJECT MODIFICATIONS.

2 (a) OAKLAND HARBOR, CALIFORNIA.—The projects

3 for navigation, Oakland Outer Harbor, California, and

4 Oakland Inner Harbor, California, authorized by section

5 202(a) of the Water Resources Development Act of 1986

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

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

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

9 Harbor, California, project shall be carried out by the Sec10 retary substantially in accordance with the plans and sub11 ject to the conditions recommended in the reports des12 ignated for the projects in the section, except that the non13 Federal share of project cost and any available credits to14 ward the non-Federal share shall be calculated on the

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

16 cost of the combined project is $102,600,000, with an esti17 mated Federal cost of $64,120,000 and an estimated non18 Federal cost of $38,480,000.

19 (b) NORTH BRANCH OF CHICAGO RIVER, ILLI20 NOIS.—The project for flood control for the North Branch

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

22 of the Water Resources Development Act of 1986 (Public

23 Law 99–662; 100 Stat. 4115), is modified to authorize

24 the Secretary to carry out the project substantially in ac25 cordance with the post authorization change report for the

26 project dated March 1994, at a total cost of $34,800,000,
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1 with an estimated Federal cost of $20,774,000 and an es2 timated non-Federal cost of $14,026,000.

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

4 control, Arkansas City, Kansas, authorized by section

5 401(a) of the Water Resources Development Act of 1986

6 (Public Law 99–662; 100 Stat. 4116), is modified to au7 thorize the Secretary to construct the project substantially

8 in accordance with the post authorization change report

9 for the project dated June 1994, at a total cost of

10 $35,700,000, with an estimated Federal cost of

11 $26,600,000 and an estimated non-Federal cost of

12 $9,100,000.

13 (d) HALSTEAD, KANSAS.—The project for flood con14 trol, Halstead, Kansas, authorized by section 401(a) of the

15 Water Resources Development Act of 1986 (Public Law

16 99–662; 100 Stat. 4116), is modified to authorize the Sec17 retary to construct the project substantially in accordance

18 with the post authorization change report for the project

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

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

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

22 (e) BAPTISTE COLLETTE BAYOU, LOUISIANA.—The

23 project for navigation, Mississippi River Outlets, Venice,

24 Louisiana, authorized by section 101 of the River and

25 Harbor Act of 1968 (Public Law 90–483; 82 Stat. 731),
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1 is modified to provide for the extension of the 16-foot deep

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

3 entrance channel to approximately mile 8 of the Mis4 sissippi River Gulf Outlet navigation channel at a total

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

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

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

8 flood control, Cape Girardeau, Jackson Metropolitan Area,

9 Missouri, authorized by section 401(a) of the Water Re10 sources Development Act of 1986 (Public Law 99–662;

11 100 Stat. 4118–4119), is modified to authorize the Sec12 retary to carry out the project, including the implementa13 tion of nonstructural measures, at a total cost of

14 $44,700,000, with an estimated Federal cost of

15 $32,600,000 and an estimated non-Federal cost of

16 $12,100,000.

17 (g) WILMINGTON HARBOR-NORTHEAST CAPE FEAR

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

19 Wilmington Harbor-Northeast Cape Fear River, North

20 Carolina, authorized by section 202(a) of the Water Re21 sources Development Act of 1986 (Public Law 99–662;

22 100 Stat. 4095) is modified to authorize the Secretary to

23 construct the project substantially in accordance with the

24 general design memorandum for the project dated April

25 1990 and the general design memorandum supplement for
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1 the project dated February 1994, at a total cost of

2 $50,921,000, with an estimated Federal cost of

3 $25,128,000 and an estimated non-Federal cost of

4 $25,793,000.

5 (h) SAW MILL RUN, PENNSYLVANIA.—The project

6 for flood control, Saw Mill Run, Pittsburgh, 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 to carry out

10 the project substantially in accordance with the post au11 thorization change and general reevaluation report for the

12 project, dated April 1994, at a total cost of $12,496,000,

13 with an estimated Federal cost of $9,372,000 and an esti14 mated non-Federal cost of $3,124,000.

15 (i) INDIA POINT BRIDGE, SEEKONK RIVER, PROVI16 DENCE, RHODE ISLAND.—The project for the removal and

17 demolition of the India Point Railroad Bridge, Seekonk

18 River, Rhode Island, authorized by section 1166(c) of the

19 Water Resources Development Act of 1986 (Public Law

20 99–662; 100 Stat. 4258), is modified to authorize the Sec21 retary to demolish and remove the center span of the

22 bridge, at a total cost of $1,300,000, with an estimated

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

24 cost of $650,000.
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1 (j) 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 $12,370,000, with an esti10 mated Federal cost of $8,220,000 and an estimated non11 Federal cost of $4,150,000.

12 SEC. 103. PROJECT DEAUTHORIZATIONS.

13 (a) BRIDGEPORT HARBOR, CONNECTICUT.—

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

15 project for navigation, Bridgeport Harbor, Connecti16 cut, authorized by section 101 of the River and Har17 bor Act of 1958 (Public Law 85–500; 72 Stat. 297),

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

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

20 Federal channel and Hollisters Dam, is deauthor21 ized.

22 (2) JOHNSONS RIVER CHANNEL.—The portion

23 of the project for navigation, Johnsons River Chan24 nel, Bridgeport Harbor, Connecticut, authorized by

25 the first section of the Act entitled ‘‘An Act author-
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1 izing the construction, repair, and preservation of

2 certain public works on rivers and harbors, and for

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

4 634, chapter 595), that is northerly of a line across

5 the Federal channel the coordinates of which are

6 north 123318.35, east 486301.68, and north

7 123257.15, east 486380.77, is deauthorized.

8 (b) SOUTHPORT HARBOR, CONNECTICUT.—

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

10 project for navigation, Southport Harbor, Connecti11 cut, authorized by the first section of the Act enti12 tled ‘‘An Act authorizing the construction, repair,

13 and preservation of certain public works on rivers

14 and harbors, and for other purposes’’, approved Au15 gust 30, 1935 (chapter 831, 49 Stat. 1029), are de16 authorized:

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

18 the head of the project.

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

20 beginning at a bend in the channel the coordi21 nates of which are north 109131.16, east

22 452653.32, running thence in a northeasterly

23 direction about 943.01 feet to a point the co24 ordinates of which are north 109635.22, east

25 453450.31, running thence in a southeasterly
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1 direction about 22.66 feet to a point the coordi2 nates of which are north 109617.15, east

3 453463.98, running thence in a southwesterly

4 direction about 945.18 feet to the point of be5 ginning.

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

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

8 the deauthorization made by the paragraph and that

9 is northerly of a line the coordinates of which are

10 north 108699.15, east 452768.36, and north

11 108655.66, east 452858.73, is redesignated as an

12 anchorage.

13 (c) EAST BOOTHBAY HARBOR, MAINE.—The follow14 ing portion of the navigation project for East Boothbay

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

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

17 referred to as the ‘‘River and Harbor Act of 1910’’), con18 taining approximately 1.15 acres and described in accord19 ance with the Maine State Coordinate System, East Zone,

20 is deauthorized:

21 Beginning at a point noted as point number 6

22 and shown as having plan coordinates of North 9,

23 722, East 9, 909 on the plan entitled, ‘‘East

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

25 and dated August 9, 1955, Drawing Number F1251
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1 D–6–2, said point having Maine State Coordinate

2 System, East Zone coordinates of Northing 74514,

3 Easting 698381; and

4 Thence, North 58 degrees, 12 minutes, 30 sec5 onds East a distance of 120.9 feet to a point; and

6 Thence, South 72 degrees, 21 minutes, 50 sec7 onds East a distance of 106.2 feet to a point; and

8 Thence, South 32 degrees, 04 minutes, 55 sec9 onds East a distance of 218.9 feet to a point; and

10 Thence, South 61 degrees, 29 minutes, 40 sec11 onds West a distance of 148.9 feet to a point; and

12 Thence, North 35 degrees, 14 minutes, 12 sec13 onds West a distance of 87.5 feet to a point; and

14 Thence, North 78 degrees, 30 minutes, 58 sec15 onds West a distance of 68.4 feet to a point; and

16 Thence, North 27 degrees, 11 minutes, 39 sec17 onds West a distance of 157.3 feet to the point of

18 beginning.

19 (d) FALL RIVER HARBOR, MASSACHUSETTS AND

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

21 Harbor, Massachusetts and Rhode Island, authorized by

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

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

24 alteration of the drawspan of the Brightman Street Bridge
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1 to provide a channel width of 300 feet shall not be re2 quired after the date of enactment of this Act.

3 (e) 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 (f) KICKAPOO RIVER, WISCONSIN.—

10 (1) PROJECT MODIFICATION.—The project for

11 flood control and allied purposes, Kickapoo River,

12 Wisconsin, authorized by section 203 of the Flood

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

14 1190), as modified by section 814 of the Water Re15 sources Development Act of 1986 (Public Law 99–

16 662; 100 Stat. 4169), is further modified as pro17 vided by this subsection.

18 (2) TRANSFER OF PROPERTY.—

19 (A) IN GENERAL.—Subject to the require20 ments of this paragraph, the Secretary shall

21 transfer to the State of Wisconsin, without con22 sideration, all right, title, and interest of the

23 United States in and to the lands described in

24 subparagraph (B), including all works, struc25 tures, and other improvements on the lands.
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1 (B) LAND DESCRIPTION.—The lands to be

2 transferred pursuant to subparagraph (A) are

3 the approximately 8,569 acres of land associ4 ated with the LaFarge Dam and Lake portion

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

6 Vernon County, Wisconsin, in the following sec7 tions:

8 (i) Section 31, Township 14 North,

9 Range 1 West of the 4th Principal Merid10 ian.

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

12 17, 20, and 21, Township 13 North,

13 Range 2 West of the 4th Principal Merid14 ian.

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

16 26, 27, 31, and 33 through 36, Township

17 14 North, Range 2 West of the 4th Prin18 cipal Meridian.

19 (C) TERMS AND CONDITIONS.—The trans20 fer under subparagraph (A) shall be made on

21 the condition that the State of Wisconsin enters

22 into a written agreement with the Secretary to

23 hold the United States harmless from all claims

24 arising from or through the operation of the

25 lands and improvements subject to the transfer.
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1 (D) DEADLINES.—Not later than July 1,

2 1995, the Secretary shall transmit to the State

3 of Wisconsin an offer to make the transfer

4 under this paragraph. The offer shall provide

5 for the transfer to be made in the period begin6 ning on November 1, 1995, and ending on De7 cember 31, 1995.

8 (E) DEAUTHORIZATION.—The LaFarge

9 Dam and Lake portion of the project referred

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

11 date of the transfer under this paragraph.

12 (F) INTERIM MANAGEMENT AND MAINTE13 NANCE.—The Secretary shall continue to man14 age and maintain the LaFarge Dam and Lake

15 portion of project referred to in paragraph (1)

16 until the date of the transfer under this para17 graph.

18 SEC. 104. STUDIES.

19 (a) LAKE ELSINORE, RIVERSIDE COUNTY, CALIFOR20 NIA.—Not later than 18 months after the date of enact21 ment of this Act, the Secretary shall—

22 (1) conduct a study of the advisability of modi23 fying, for the purpose of flood control pursuant to

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

25 U.S.C. 701s), the Lake Elsinore, Riverside County,
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1 California, flood control project, for water conserva2 tion storage up to an elevation of 1,249 feet above

3 mean sea level; and

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

5 making recommendations concerning the advisability

6 of so modifying the project.

7 (b) LONG BEACH, CALIFORNIA.—The Secretary shall

8 review the feasibility of navigation improvements at Long

9 Beach Harbor, California, including widening and deepen10 ing of the navigation channel, as provided for in section

11 201(b) of the Water Resources Development Act of 1986

12 (Public Law 99–662; 100 Stat. 4091). The Secretary shall

13 complete the report not later than 1 year after the date

14 of enactment of this Act.

15 (c) MURRIETA CREEK, RIVERSIDE COUNTY, CALI16 FORNIA.—The Secretary shall review the completed fea17 sibility study of the Riverside County Flood Control and

18 Water Conservation District, including identified alter19 natives, concerning Murrieta Creek from Temecula to

20 Wildomar, Riverside County, California, to determine the

21 Federal interest in participating in a project for flood con22 trol.

23 (d) PINE FLAT DAM FISH AND WILDLIFE HABITAT

24 RESTORATION, CALIFORNIA.—The Secretary shall study

25 the feasibility of fish and wildlife habitat improvement
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1 measures identified for further study by the Pine Flat

2 Dam Fish and Wildlife Habitat Restoration Investigation

3 Reconnaissance Report.

4 (e) WEST DADE, FLORIDA.—The Secretary shall con5 duct a reconnaissance study to determine the Federal in6 terest in using the West Dade, Florida, reuse facility to

7 increase the supply of surface water to the Everglades in

8 order to enhance fish and wildlife habitat.

9 (f) OHIO RIVER GREENWAY, INDIANA.—The Sec10 retary shall conduct a study to determine the feasibility

11 of the greenway project along the Ohio River in Jefferson12 ville, Clarksville, and New Albany, Indiana, as described

13 in the plan entitled ‘‘Conceptual Master Plan: Falls of the

14 Ohio River Greenway Corridor’’, as prepared by the Army

15 Corps of Engineers in 1994.

16 (g) WHITE RIVER, INDIANA.—The Secretary shall

17 conduct a study to determine the feasibility of riverfront

18 modifications as described in the report entitled ‘‘Indian19 apolis, Indiana, White River Central Waterfront Recon20 naissance Report’’, dated October 1993.

21 (h) BAYOU BLANC, CROWLEY, LOUISIANA.—The

22 Secretary shall conduct a reconnaissance study to deter23 mine the Federal interest in the construction of a bulk24 head system, consisting of either steel sheet piling with

25 tiebacks or concrete, along the embankment of Bayou
23

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1 Blanc, Crowley, Louisiana, in order to alleviate slope fail2 ures and erosion problems in a cost-effective manner.

3 (i) HACKBERRY INDUSTRIAL SHIP CHANNEL PARK,

4 LOUISIANA.—The Secretary shall incorporate the area of

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

6 Lake Charles ship channel, bypass channel, and general

7 anchorage area in Louisiana, to explore the possibility of

8 constructing additional anchorage areas.

9 (j) LOWER PLATTE RIVER, NEBRASKA.—The Sec10 retary shall conduct a reconnaissance study of the Lower

11 Platte River to determine the Federal interest in flood

12 control and related water resources development in the

13 study area. The Secretary shall consider nonstructural

14 and structural measures for the management of the flood15 plain.

16 (k) CITY OF NORTH LAS VEGAS, CLARK COUNTY,

17 NEVADA.—The Secretary shall conduct a reconnaissance

18 study to determine the Federal interest in channel im19 provements in channel A of the North Las Vegas Wash

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

21 of flood control.

22 (l) LOWER LAS VEGAS WASH WETLANDS, CLARK

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

24 to determine the feasibility of the restoration of wetlands
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1 in the Lower Las Vegas Wash, Nevada, for the purposes

2 of erosion control and environmental restoration.

3 (m) NORTHERN NEVADA.—The Secretary shall con4 duct reconnaissance studies, in the State of Nevada, of—

5 (1) the Humboldt River, and the tributaries

6 and outlets of the river;

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

8 outlets of the river;

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

10 outlets of the river; and

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

12 outlets of the river;

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

14 environmental restoration, conservation of fish and wild15 life, recreation, water conservation, water quality, and

16 toxic and radioactive waste.

17 (n) BUFFALO HARBOR, NEW YORK.—The Secretary

18 shall determine the feasibility of excavating the inner har19 bor and constructing the associated bulkheads in Buffalo

20 Harbor, New York.

21 (o) COEYMANS, NEW YORK.—The Secretary shall

22 conduct a reconnaissance study to determine the Federal

23 interest in reopening the secondary channel of the Hudson

24 River in the town of Coeymans, New York, which has been
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1 narrowed by silt as a result of the construction of

2 Coeymans middle dike by the Army Corps of Engineers.

3 (p) FLUSHING BAY, NEW YORK.—The Secretary

4 shall determine the feasibility of dredging the area of

5 Flushing Bay, New York, directly surrounding the earthen

6 dike to—

7 (1) restore water depths to pre-1963 levels;

8 (2) improve the water quality;

9 (3) restore tidal patterns of the bay through the

10 removal of mudflats; and

11 (4) partially remove a portion of the dike for

12 use as fill for a runway extension at LaGuardia Air13 port.

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

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

16 Secretary shall conduct a reconnaissance study in

17 Shinnecock Inlet, New York, to determine the Federal in18 terest in constructing a sand bypass system, or other ap19 propriate alternative, for the purposes of allowing sand to

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

21 preventing the further erosion of the beaches west of the

22 inlet and the shoaling of the inlet.

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

24 NEW YORK AND NEW JERSEY.—The Secretary shall con25 tinue engineering and design in order to complete the
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1 navigation project at Kill Van Kull and Newark Bay

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

3 constructed in the Supplemental Appropriations Act, 1985

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

5 the Water Resources Development Act of 1986 (Public

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

7 design memorandum for the project, and approved in the

8 Report of the Chief of Engineers dated December 14,

9 1981.

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

11 years after the date of enactment of this Act, the Sec12 retary shall complete a feasibility study for the ecosystem

13 restoration project at Columbia Slough, Oregon, as re14 ported in the August 1993 Revised Reconnaissance Study.

15 The study shall be a demonstration study done in coordi16 nation with the Environmental Protection Agency.

17 (t) DALLAS FLOODWAY EXTENSION, TEXAS.—

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

19 study of the flood control project for Dallas

20 Floodway Extension, Dallas, Texas, authorized by

21 section 301 of the Flood Control Act of 1965 (Pub22 lic Law 89–298; 79 Stat. 1091), for the purpose of

23 determining the feasibility of providing additional

24 flood protection to the Central Wastewater Treat25 ment Plant and the area known as Rochester Park.
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1 (2) REPORT.—The results of the study con2 ducted under paragraph (1) shall be included in the

3 report presenting the results of the ongoing reevalu4 ation study of the authorized project.

5 (u) ASHLEY CREEK, UTAH.—The Secretary is au6 thorized to study the feasibility of undertaking a project

7 for fish and wildlife restoration at Ashley Creek, near Ver8 nal, Utah.

9 TITLE II—PROJECT-RELATED

10 PROVISIONS

11 SEC. 201. MORGAN POINT, ARKANSAS.

12 The Secretary shall accept as in-kind contributions

13 for the project at Morgan Point, Arkansas—

14 (1) the items described as fish and wildlife fa15 cilities and land in the Morgan Point Broadway Clo16 sure Structure modification report for the project,

17 dated February 1994; and

18 (2) fish stocking activities carried out by the

19 non-Federal interests for the project.

20 SEC. 202. WHITE RIVER BASIN LAKES, ARKANSAS AND MIS21 SOURI.

22 The project for flood control and power generation

23 at White River Basin Lakes, Arkansas and Missouri, au24 thorized by section 4 of the Act entitled ‘‘An Act authoriz25 ing the construction of certain public works on rivers and
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1 harbors for flood control, and for other purposes’’, ap2 proved June 28, 1938 (commonly referred to as the

3 ‘‘Flood Control Act of 1938’’) (52 Stat. 1218), shall in4 clude recreation and fish and wildlife mitigation as pur5 poses of the project, to the extent that the purposes do

6 not adversely impact flood control, power generation, or

7 other authorized purposes of the project.

8 SEC. 203. PINE FLAT DAM FISH AND WILDLIFE HABITAT

9 RESTORATION, CALIFORNIA.

10 The Secretary shall carry out, in accordance with sec11 tion 1135(b) of the Water Resources Development Act of

12 1986 (33 U.S.C. 2309a(b)), the construction of a turbine

13 bypass at Pine Flat Dam, Kings River, California.

14 SEC. 204. CENTRAL AND SOUTHERN FLORIDA.

15 The project for Central and Southern Florida, au16 thorized by section 203 of the Flood Control Act of 1968

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

18 to the availability of appropriations, to authorize the Sec19 retary to implement the recommended plan of improve20 ment contained in a report entitled ‘‘Central and Southern

21 Florida Project, Final Integrated General Reevaluation

22 Report and Environmental Impact Statement, Canal 111

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

24 (including acquisition of such portions of the Frog Pond

25 and Rocky Glades areas as are needed for the project),
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1 at a total cost of $121,000,000. The Federal share of the

2 cost of implementing the plan of improvement shall be 50

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

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

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

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

7 non-Federal share of the operation and maintenance costs

8 of the improvements undertaken pursuant to this section

9 shall be 100 percent, except that the Federal Government

10 shall reimburse the non-Federal interest in an amount

11 equal to 60 percent of the costs of operating and maintain12 ing pump stations that pump water into Taylor Slough

13 in Everglades National Park.

14 SEC. 205. WEST PALM BEACH, FLORIDA.

15 The project for flood protection of West Palm Beach,

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

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

18 is modified to provide for the construction of an enlarged

19 stormwater detention area, Storm Water Treatment Area

20 1 East, generally in accordance with the plan of improve21 ments described in the February 15, 1994, report entitled

22 ‘‘Everglades Protection Project, Palm Beach County,

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

24 McDonnell, and as further described in detailed design

25 documents to be approved by the Secretary. The addi-
30

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1 tional work authorized by this section shall be accom2 plished at full Federal cost in recognition of the water sup3 ply benefits accruing to the Loxahatchee National Wildlife

4 Refuge and the Everglades National Park and in recogni5 tion of the statement in support of the Everglades restora6 tion effort set forth in the document signed by the Sec7 retary of the Interior and the Secretary of the Army in

8 July 1993. Operation and maintenance of the stormwater

9 detention area shall be consistent with regulations pre10 scribed by the Secretary for the Central and Southern

11 Florida project, with all costs of the operation and mainte12 nance work borne by non-Federal interests.

13 SEC. 206. PERIODIC MAINTENANCE DREDGING FOR GREEN14 VILLE INNER HARBOR CHANNEL, MIS15 SISSIPPI.

16 The Greenville Inner Harbor Channel, Mississippi, is

17 deemed to be a portion of the navigable waters of the

18 United States, and shall be included among the navigable

19 waters for which the Army Corps of Engineers maintains

20 a 10-foot navigable channel. The navigable channel for the

21 Greenville Inner Harbor Channel shall be maintained in

22 a manner that is consistent with the navigable channel to

23 the Greenville Harbor and the portion of the Mississippi

24 River adjacent to the Greenville Harbor that is maintained
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1 by the Army Corps of Engineers, as in existence on the

2 date of enactment of this Act.

3 SEC. 207. SARDIS LAKE, MISSISSIPPI.

4 The Secretary shall work cooperatively with the State

5 of Mississippi and the city of Sardis to the maximum ex6 tent practicable in the management of existing and pro7 posed leases of land consistent with the master tourism

8 and recreational plan for the economic development of the

9 Sardis Lake area prepared by the city.

10 SEC. 208. LIBBY DAM, MONTANA.

11 (a) IN GENERAL.—In accordance with section

12 103(c)(1) of the Water Resources Development Act of

13 1986 (33 U.S.C. 2213(c)(1)), the Secretary shall—

14 (1) complete the construction and installation of

15 generating units 6 through 8 at Libby Dam, Mon16 tana; and

17 (2) remove the partially constructed haul bridge

18 over the Kootenai River, Montana.

19 (b) AUTHORIZATION OF APPROPRIATIONS.—There

20 are authorized to be appropriated to carry out this section

21 $16,000,000, to remain available until expended.

22 SEC. 209. SMALL FLOOD CONTROL PROJECT, MALTA, MON23 TANA.

24 Not later than 1 year after the date of enactment

25 of this Act, the Secretary is authorized to expend such
32

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1 Federal funds as are necessary to complete the small flood

2 control project begun at Malta, Montana, pursuant to sec3 tion 205 of the Flood Control Act of 1948 (33 U.S.C.

4 701s).

5 SEC. 210. CLIFFWOOD BEACH, NEW JERSEY.

6 (a) IN GENERAL.—Notwithstanding any other provi7 sion of law or the status of the project authorized by sec8 tion 203 of the Flood Control Act of 1962 (Public Law

9 87–874; 76 Stat. 1180) for hurricane-flood protection and

10 beach erosion control on Raritan Bay and Sandy Hook

11 Bay, New Jersey, the Secretary shall undertake a project

12 to provide periodic beach nourishment for Cliffwood

13 Beach, New Jersey, for a 50-year period beginning on the

14 date of execution of a project cooperation agreement by

15 the Secretary and an appropriate non-Federal interest.

16 (b) NON-FEDERAL SHARE.—The non-Federal share

17 of the cost of the project authorized by this section shall

18 be 35 percent.

19 SEC. 211. FIRE ISLAND INLET, NEW YORK.

20 For the purpose of replenishing the beach, the Sec21 retary shall place sand dredged from the Fire Island Inlet

22 on the shoreline between Gilgo State Park and Tobay

23 Beach to protect Ocean Parkway along the Atlantic Ocean

24 shoreline in Suffolk County, New York.
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1 SEC. 212. 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 (com9 monly referred to as the ‘‘Flood Control Act of 1938’’)

10 (52 Stat. 1218). Notwithstanding title I of the Water Re11 sources Development Act of 1986 (33 U.S.C. 2211 et seq.)

12 or any other provision of law, any increase in water supply

13 yield that results from the pool level of 478 feet shall be

14 treated as unallocated water supply until such time as a

15 user enters into a contract for the supply under such ap16 plicable laws concerning cost-sharing as are in effect on

17 the date of the contract.

18 SEC. 213. ABANDONED AND WRECKED BARGE REMOVAL,

19 RHODE ISLAND.

20 Section 361 of the Water Resources Development Act

21 of 1992 (Public Law 102–580; 106 Stat. 4861) is amend22 ed by striking subsection (a) and inserting the following:

23 ‘‘(a) IN GENERAL.—In order to alleviate a hazard to

24 navigation and recreational activity, the Secretary shall re25 move a sunken barge from waters off the shore of the Nar26 ragansett Town Beach in Narragansett, Rhode Island, at
34

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1 a total cost of $1,700,000, with an estimated Federal cost

2 of $1,275,000, and an estimated non-Federal cost of

3 $425,000. The Secretary shall not remove the barge until

4 title to the barge has been transferred to the United

5 States or the non-Federal interest. The transfer of title

6 shall be carried out at no cost to the United States.’’.

7 SEC. 214. PROVIDENCE RIVER AND HARBOR, RHODE IS8 LAND.

9 The Secretary shall incorporate a channel extending

10 from the vicinity of the Fox Point hurricane barrier to

11 the vicinity of the Francis Street bridge in Providence,

12 Rhode Island, into the navigation project for Providence

13 River and Harbor, Rhode Island, authorized by section

14 301 of the River and Harbor Act of 1965 (Public Law

15 89–298; 79 Stat. 1089). The channel shall have a depth

16 of up to 10 feet and a width of approximately 120 feet

17 and shall be approximately 1.25 miles in length.

18 SEC. 215. RUDEE INLET, VIRGINIA BEACH, VIRGINIA.

19 Notwithstanding the limitation set forth in section

20 107(b) of the River and Harbor Act of 1960 (33 U.S.C.

21 577(b)), Federal participation in the maintenance of the

22 Rudee Inlet, Virginia Beach, Virginia, project shall con23 tinue for the life of the project. Nothing in this section

24 shall alter or modify the non-Federal cost sharing respon-
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1 sibility as specified in the Rudee Inlet, Virginia Beach,

2 Virginia Detailed Project Report, dated October 1983.

3 SEC. 216. VIRGINIA BEACH, VIRGINIA.

4 Section 407 of the Water Resources Development Act

5 of 1990 (Public Law 101–640; 104 Stat. 4647) is amend6 ed by adding at the end the following:

7 ‘‘(c) FUNDING.—

8 ‘‘(1) IN GENERAL.—The Secretary shall budget,

9 for fiscal year 1996, $3,120,803, or such amount as

10 is determined by a Federal audit carried out by the

11 Army Corps of Engineers, to be paid to the city of

12 Virginia Beach as reimbursement for beach nourish13 ment activities undertaken by the city from October

14 1, 1986, to September 30, 1993, pursuant to sub15 section (a). The funds required to be budgeted under

16 the preceding sentence may not be used to carry out

17 the beach nourishment project being performed, as

18 of the date of enactment of this paragraph, pursuant

19 to the local cooperative agreement dated August 9,

20 1993.

21 ‘‘(2) FAILURE TO PAY.—If the Secretary does

22 not make the payment described in paragraph (1) by

23 February 6, 1997, the Secretary shall pay to the city

24 of Virginia Beach $3,120,803, or such amount as is
36

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1 determined by the Federal audit referred to in para2 graph (1).’’.

3 TITLE III—GENERAL

4 PROVISIONS

5 SEC. 301. COST-SHARING FOR ENVIRONMENTAL PROJECTS.

6 Section 103(c) of the Water Resources Development

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

8 (1) in paragraph (5), by striking ‘‘and’’ at the

9 end;

10 (2) in paragraph (6), by striking the period at

11 the end and inserting ‘‘; and’’; and

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

13 ‘‘(7) environmental protection and restoration:

14 25 percent.’’.

15 SEC. 302. COLLABORATIVE RESEARCH AND DEVELOPMENT.

16 Section 7 of the Water Resources Development Act

17 of 1988 (33 U.S.C. 2313) is amended—

18 (1) by striking subsection (e);

19 (2) by redesignating subsection (d) as sub20 section (e); and

21 (3) by inserting after subsection (c) the follow22 ing:

23 ‘‘(d) TEMPORARY PROTECTION OF TECHNOLOGY.—

24 ‘‘(1) PRE-AGREEMENT.—If the Secretary deter25 mines that information developed as a result of a re-
37

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1 search or development activity conducted by the

2 Army Corps of Engineers is likely to be subject to

3 a cooperative research and development agreement

4 within 2 years after the development of the informa5 tion, and that the information would be a trade se6 cret or commercial or financial information that

7 would be privileged or confidential if the information

8 had been obtained from a non-Federal party partici9 pating in a cooperative research and development

10 agreement under section 12 of the Stevenson-Wydler

11 Technology Innovation Act of 1980 (15 U.S.C.

12 3710a), the Secretary may provide appropriate pro13 tections against the dissemination of the informa14 tion, including exemption from subchapter II of

15 chapter 5 of title 5, United States Code, until the

16 earlier of—

17 ‘‘(A) the date on which the Secretary en18 ters into such an agreement with respect to the

19 information; or

20 ‘‘(B) the last day of the 2-year period be21 ginning on the date of the determination.

22 ‘‘(2) POST-AGREEMENT.—Any information sub23 ject to paragraph (1) that becomes the subject of a

24 cooperative research and development agreement

25 shall be subject to the protections provided under
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1 section 12(c)(7)(B) of the Act (15 U.S.C.

2 3710a(c)(7)(B)) as if the information had been de3 veloped under a cooperative research and develop4 ment agreement.’’.

5 SEC. 303. NATIONAL INVENTORY OF DAMS.

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

7 is amended by striking the second sentence and inserting

8 the following: ‘‘There are authorized to be appropriated

9 to carry out this section $500,000 for each fiscal year.’’.

10 SEC. 304. HYDROELECTRIC POWER PROJECT UPRATING.

11 (a) IN GENERAL.—In carrying out the maintenance,

12 rehabilitation, and modernization of a hydroelectric power

13 generating facility at a water resources project under the

14 jurisdiction of the Department of the Army, the Secretary

15 is authorized to take such actions as are necessary to in16 crease the efficiency of energy production or the capacity

17 of the facility, or both, if, after consulting with the heads

18 of other appropriate Federal and State agencies, the Sec19 retary determines that the increase—

20 (1) is economically justified and financially fea21 sible;

22 (2) will not result in any significant adverse ef23 fect on the other purposes for which the project is

24 authorized;
39

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1 (3) will not result in significant adverse envi2 ronmental impacts; and

3 (4) will not involve major structural or oper4 ational changes in the project.

5 (b) EFFECT ON OTHER AUTHORITY.—This section

6 shall not affect the authority of the Secretary and the Ad7 ministrator of the Bonneville Power Administration under

8 section 2406 of the Energy Policy Act of 1992 (16 U.S.C.

9 839d–1).

10 SEC. 305. FEDERAL LUMP-SUM PAYMENTS FOR FEDERAL

11 OPERATION AND MAINTENANCE COSTS.

12 (a) IN GENERAL.—In the case of a water resources

13 project under the jurisdiction of the Department of the

14 Army for which the non-Federal interests are responsible

15 for performing the operation, maintenance, replacement,

16 and rehabilitation of the project, or a separable element

17 (as defined in section 103(f) of the Water Resources De18 velopment Act of 1986 (33 U.S.C. 2213(f)) of the project,

19 and for which the Federal Government is responsible for

20 paying a portion of the operation, maintenance, replace21 ment, and rehabilitation costs of the project or separable

22 element, the Secretary may make, in accordance with this

23 section and under terms and conditions acceptable to the

24 Secretary, a payment of the estimated total Federal share
40

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1 of the costs to the non-Federal interests after completion

2 of construction of the project or separable element.

3 (b) AMOUNT OF PAYMENT.—The amount that may

4 be paid by the Secretary under subsection (a) shall be

5 equal to the present value of the Federal payments over

6 the life of the project, as estimated by the Federal Govern7 ment, and shall be computed using an interest rate deter8 mined by the Secretary of the Treasury taking into consid9 eration current market yields on outstanding marketable

10 obligations of the United States with maturities com11 parable to the remaining life of the project.

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

14 have entered into a binding agreement with the Secretary

15 to perform the operation, maintenance, replacement, and

16 rehabilitation of the project or separable element. The

17 agreement shall—

18 (1) meet the requirements of section 221 of the

19 Flood Control Act of 1970 (42 U.S.C. 1962d–5b);

20 and

21 (2) specify—

22 (A) the terms and conditions under which

23 a payment may be made under this section; and

24 (B) the rights of, and remedies available

25 to, the Federal Government to recover all or a
41

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1 portion of a payment made under this section

2 if a non-Federal interest suspends or terminates

3 the performance by the non-Federal interest of

4 the operation, maintenance, replacement, and

5 rehabilitation of the project or separable ele6 ment, or fails to perform the activities in a

7 manner that is satisfactory to the Secretary.

8 (d) EFFECT OF PAYMENT.—Except as provided in

9 subsection (c), a payment provided to the non-Federal in10 terests under this section shall relieve the Federal Govern11 ment of any obligation, after the date of the payment, to

12 pay any of the operation, maintenance, replacement, or re13 habilitation costs for the project or separable element.

14 SEC. 306. COST-SHARING FOR REMOVAL OF EXISTING

15 PROJECT FEATURES.

16 After the date of enactment of this Act, any proposal

17 submitted to Congress by the Secretary for modification

18 of an existing authorized water resources development

19 project (in existence on the date of the proposal) by re20 moval of one or more of the project features that would

21 significantly and adversely impact the authorized project

22 purposes or outputs shall include the recommendation that

23 the non-Federal interests shall provide 50 percent of the

24 cost of any such modification, including the cost of acquir-
42

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1 ing any additional interests in lands that become nec2 essary for accomplishing the modification.

3 SEC. 307. TERMINATION OF TECHNICAL ADVISORY COM4 MITTEE.

5 Section 310 of the Water Resources Development Act

6 of 1990 (33 U.S.C. 2319) is amended—

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

8 (2) in subsection (b)—

9 (A) by striking ‘‘(b) PUBLIC PARTICIPA10 TION.—’’; and

11 (B) by striking ‘‘subsection’’ each place it

12 appears and inserting ‘‘section’’.

13 SEC. 308. CONDITIONS FOR PROJECT DEAUTHORIZATIONS.

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

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

16 579a(b)(2)) is amended—

17 (1) in the first sentence, by striking ‘‘10’’ and

18 inserting ‘‘5’’;

19 (2) in the second sentence, by striking ‘‘Before’’

20 and inserting ‘‘Upon official’’; and

21 (3) in the last sentence, by inserting ‘‘the plan22 ning, design, or’’ before ‘‘construction’’.

23 (b) CONFORMING AMENDMENTS.—Section 52 of the

24 Water Resources Development Act of 1988 (Public Law

25 100–676; 102 Stat. 4044) is amended—
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1 (1) by striking subsection (a) (33 U.S.C. 579a

2 note);

3 (2) by redesignating subsections (b) through (e)

4 as subsections (a) through (d), respectively; and

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

6 striking ‘‘or subsection (a) of this section’’.

7 SEC. 309. PARTICIPATION IN INTERNATIONAL ENGINEER8 ING AND SCIENTIFIC CONFERENCES.

9 Section 211 of the Flood Control Act of 1950 (33

10 U.S.C. 701u) is repealed.

11 SEC. 310. RESEARCH AND DEVELOPMENT IN SUPPORT OF

12 ARMY CIVIL WORKS PROGRAM.

13 (a) IN GENERAL.—In carrying out research and de14 velopment in support of the civil works program of the

15 Department of the Army, the Secretary may utilize con16 tracts, cooperative research and development agreements,

17 and cooperative agreements with, and grants to, non-Fed18 eral entities, including State and local governments, col19 leges and universities, consortia, professional and tech20 nical societies, public and private scientific and technical

21 foundations, research institutions, educational organiza22 tions, and nonprofit organizations.

23 (b) COMMERCIAL APPLICATION.—In the case of a

24 contract for research or development, or both, the Sec25 retary may—
44

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1 (1) require that the research or development, or

2 both, have potential commercial application; and

3 (2) use the potential for commercial application

4 as an evaluation factor, if appropriate.

5 SEC. 311. INTERAGENCY AND INTERNATIONAL SUPPORT

6 AUTHORITY.

7 (a) IN GENERAL.—The Secretary may engage in ac8 tivities in support of other Federal agencies or inter9 national organizations to address problems of national sig10 nificance to the United States. The Secretary may engage

11 in activities in support of international organizations only

12 after consulting with the Secretary of State. The Secretary

13 may use the technical and managerial expertise of the

14 Army Corps of Engineers to address domestic and inter15 national problems related to water resources, infrastruc16 ture development, and environmental protection.

17 (b) FUNDING.—There are authorized to be appro18 priated $1,000,000 to carry out this section. The Sec19 retary may accept and expend additional funds from other

20 Federal agencies or international organizations to carry

21 this section.

22 SEC. 312. EXPANSION OF SECTION 1135 PROGRAM.

23 Section 1135 of the Water Resources Development

24 Act of 1986 (33 U.S.C. 2309a) is amended—
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1 (1) in subsection (a), by inserting before the pe2 riod at the end the following: ‘‘and to determine if

3 the operation of the projects has contributed to the

4 degradation of the quality of the environment’’;

5 (2) in subsection (b), by striking the last two

6 sentences;

7 (3) by redesignating subsections (c), (d), and

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

9 (4) by inserting after subsection (b) the follow10 ing new subsections:

11 ‘‘(c) MEASURES TO RESTORE ENVIRONMENTAL

12 QUALITY.—If the Secretary determines under subsection

13 (a) that operation of a water resources project has contrib14 uted to the degradation of the quality of the environment,

15 the Secretary may carry out, with respect to the project,

16 measures for the restoration of environmental quality, if

17 the measures are feasible and consistent with the author18 ized purposes of the project.

19 ‘‘(d) FUNDING.—The non-Federal share of the cost

20 of any modification or measure carried out pursuant to

21 subsection (b) or (c) shall be 25 percent. Not more than

22 $5,000,000 in Federal funds may be expended on any 1

23 such modification or measure.’’.
46

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1 SEC. 313. ENVIRONMENTAL DREDGING.

2 Section 312 of the Water Resources Development Act

3 of 1990 (Public Law 101–640; 33 U.S.C. 1252 note) is

4 amended by striking subsection (f).

5 SEC. 314. FEASIBILITY STUDIES.

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

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

8 2215(a)(1)) is amended—

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

10 the period of such study’’;

11 (2) by inserting after the first sentence the fol12 lowing: ‘‘During the period of the study, the non13 Federal share of the cost of the study shall be not

14 more than 50 percent of the estimate of the cost of

15 the study as contained in the feasibility cost sharing

16 agreement. The cost estimate may be amended only

17 by mutual agreement of the Secretary and the non18 Federal interests. The non-Federal share of any

19 costs in excess of the cost estimate shall, except as

20 otherwise mutually agreed by the Secretary and the

21 non-Federal interests, be payable after the project

22 has been authorized for construction and on the date

23 on which the Secretary and non-Federal interests

24 enter into an agreement pursuant to section 101(e)

25 or 103(j).’’; and
47

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1 (3) in the last sentence, by striking ‘‘such non2 Federal contribution’’ and inserting ‘‘the non-Fed3 eral share required under this paragraph’’.

4 (b) APPLICABILITY.—The amendments made by sub5 section (a) shall apply notwithstanding any feasibility cost

6 sharing agreement entered into by the Secretary and non7 Federal interests, and the Secretary shall amend any fea8 sibility cost sharing agreements in effect on the date of

9 enactment of this Act so as to conform the agreements

10 with the amendments. Nothing in this section or any

11 amendment made by this section shall require the Sec12 retary to reimburse the non-Federal interests for funds

13 previously contributed for a study.

14 SEC. 315. OBSTRUCTION REMOVAL REQUIREMENT.

15 (a) PENALTY.—Section 16 of the Act entitled ‘‘An

16 Act making appropriations for the construction, repair,

17 and preservation of certain public works on rivers and har18 bors, and for other purposes’’, approved March 3, 1899

19 (commonly referred to as the ‘‘River and Harbor Act of

20 1899’’) (33 U.S.C. 411), is amended—

21 (1) by striking ‘‘sections thirteen, fourteen, and

22 fifteen’’ and inserting ‘‘section 13, 14, 15, 19, or

23 20’’; and

24 (2) by striking ‘‘not exceeding twenty-five hun25 dred dollars nor less than five hundred dollars’’ and
48

•S 640 RS

1 inserting ‘‘of not more than $25,000 for each day

2 that the violation continues’’.

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

4 (33 U.S.C. 415) is amended—

5 (1) in subsection (a)—

6 (A) by striking ‘‘Under emergency’’ and

7 inserting ‘‘SUMMARY REMOVAL PROCE8 DURES.—Under emergency’’; and

9 (B) by striking ‘‘expense’’ the first place it

10 appears and inserting ‘‘actual expense, includ11 ing administrative expenses,’’;

12 (2) in subsection (b)—

13 (A) by striking ‘‘cost’’ and inserting ‘‘ac14 tual cost, including administrative costs,’’; and

15 (B) by striking ‘‘(b) The’’ and inserting

16 ‘‘(c) LIABILITY OF OWNER, LESSEE, OR OPER17 ATOR.—The’’; and

18 (3) by inserting after subsection (a) the follow19 ing:

20 ‘‘(b) REMOVAL REQUIREMENT.—Not later than 24

21 hours after the Secretary of the Department in which the

22 Coast Guard is operating issues an order to stop or delay

23 navigation in any navigable waters of the United States

24 because of conditions related to the sinking or grounding

25 of a vessel, the owner or operator of the vessel, with the
49

•S 640 RS

1 approval of the Secretary of the Army, shall begin removal

2 of the vessel using the most expeditious removal method

3 available or, if appropriate, secure the vessel pending re4 moval to allow navigation to resume. If the owner or oper5 ator fails to begin removal or to secure the vessel pending

6 removal in accordance with the preceding sentence or fails

7 to complete removal as soon as possible, the Secretary of

8 the Army shall remove or destroy the vessel using the sum9 mary removal procedures under subsection (a).’’.

10 SEC. 316. LEVEE OWNERS MANUAL.

11 Section 5 of the Act entitled ‘‘An Act authorizing the

12 construction of certain public works on rivers and harbors

13 for flood control, and for other purposes’’, approved Au14 gust 18, 1941 (33 U.S.C. 701n), is amended by adding

15 at the end the following:

16 ‘‘(c) LEVEE OWNERS MANUAL.—

17 ‘‘(1) IN GENERAL.—Not later than 1 year after

18 the date of enactment of this subsection, in accord19 ance with chapter 5 of title 5, United States Code,

20 the Secretary shall prepare a manual describing the

21 maintenance and upkeep responsibilities that the

22 Army Corps of Engineers requires of a non-Federal

23 interest in order for the non-Federal interest to re24 ceive Federal assistance under this section. The Sec25 retary shall provide a copy of the manual at no cost
50

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1 to each non-Federal interest that is eligible to re2 ceive Federal assistance under this section.

3 ‘‘(2) PROHIBITION ON DELEGATION.—The

4 preparation of the manual shall be carried out under

5 the personal direction of the Secretary.

6 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—

7 There are authorized to be appropriated $1,000,000

8 to carry out this subsection.

9 ‘‘(4) DEFINITIONS.—In this subsection:

10 ‘‘(A) MAINTENANCE AND UPKEEP.—The

11 term ‘maintenance and upkeep’ means all main12 tenance and general upkeep of a levee per13 formed on a regular and consistent basis that

14 is not repair and rehabilitation.

15 ‘‘(B) REPAIR AND REHABILITATION.—The

16 term ‘repair and rehabilitation’—

17 ‘‘(i) except as provided in clause (ii),

18 means the repair or rebuilding of a levee or

19 other flood control structure, after the

20 structure has been damaged by a flood, to

21 the level of protection provided by the

22 structure before the flood; and

23 ‘‘(ii) does not include—

24 ‘‘(I) any improvement to the

25 structure; or
51

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1 ‘‘(II) repair or rebuilding de2 scribed in clause (i) if, in the normal

3 course of usage, the structure becomes

4 structurally unsound and is no longer

5 fit to provide the level of protection

6 for which the structure was designed.

7 ‘‘(C) SECRETARY.—The term ‘Secretary’

8 means the Secretary of the Army.’’.

9 SEC. 317. RISK-BASED ANALYSIS METHODOLOGY.

10 (a) IN GENERAL.—Not later than 1 year after the

11 date of enactment of this Act, the Secretary shall obtain

12 the services of an independent consultant to evaluate—

13 (1) the relationship between—

14 (A) the Risk-Based Analysis for Evalua15 tion of Hydrology/Hydraulics and Economics in

16 Flood Damage Reduction Studies established in

17 an Army Corps of Engineers engineering cir18 cular; and

19 (B) minimum engineering and safety

20 standards;

21 (2) the validity of results generated by the stud22 ies described in paragraph (1); and

23 (3) policy impacts related to change in the stud24 ies described in paragraph (1).

25 (b) TASK FORCE.—
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1 (1) IN GENERAL.—In carrying out the inde2 pendent evaluation under subsection (a), the Sec3 retary, not later than 90 days after the date of en4 actment of this Act, shall establish a task force to

5 oversee and review the analysis.

6 (2) MEMBERSHIP.—The task force shall consist

7 of—

8 (A) the Assistant Secretary of the Army

9 having responsibility for civil works, who shall

10 serve as chairperson of the task force;

11 (B) the Administrator of the Federal

12 Emergency Management Agency;

13 (C) the Chief of the Natural Resources

14 Conservation Service of the Department of Ag15 riculture;

16 (D) a State representative appointed by

17 the Secretary from among individuals rec18 ommended by the Association of State Flood19 plain Managers;

20 (E) a local government public works offi21 cial appointed by the Secretary from among in22 dividuals recommended by a national organiza23 tion representing public works officials; and

24 (F) an individual from the private sector,

25 who shall be appointed by the Secretary.
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1 (3) COMPENSATION.—

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

3 subparagraph (B), a member of the task force

4 shall serve without compensation.

5 (B) EXPENSES.—Each member of the task

6 force shall be allowed—

7 (i) travel expenses, including per diem

8 in lieu of subsistence, at rates authorized

9 for employees of agencies under subchapter

10 I of chapter 57 of title 5, United States

11 Code, while away from the home or regular

12 place of business of the member in the per13 formance of services for the task force; and

14 (ii) other expenses incurred in the

15 performance of services for the task force,

16 as determined by the Secretary.

17 (4) TERMINATION.—The task force shall termi18 nate 2 years after the date of enactment of this Act.

19 (c) LIMITATION ON USE OF METHODOLOGY.—Dur20 ing the period beginning on the date of enactment of this

21 Act and ending 2 years after that date, if requested by

22 a non-Federal interest, the Secretary shall refrain from

23 using any risk-based technique required under the studies

24 described in subsection (a) for the evaluation and design

25 of a project carried out in cooperation with the non-Fed-
54

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1 eral interest unless the Secretary, in consultation with the

2 task force, has provided direction for use of the technique

3 after consideration of the independent evaluation required

4 under subsection (a).

5 (d) AUTHORIZATION OF APPROPRIATIONS.—There

6 are authorized to be appropriated $500,000 to carry out

7 this section.

8 SEC. 318. SEDIMENTS DECONTAMINATION TECHNOLOGY.

9 Section 405 of the Water Resources Development Act

10 of 1992 (Public Law 102–580; 33 U.S.C. 2239 note) is

11 amended—

12 (1) in subsection (a)—

13 (A) in paragraph (2), by adding at the end

14 the following: ‘‘The goal of the program shall be

15 to make possible the development, on a pilot

16 scale, of 1 or more sediment decontamination

17 technologies, each of which demonstrates a sedi18 ment decontamination capacity of at least 400

19 cubic yards per day.’’; and

20 (B) by adding at the end the following:

21 ‘‘(3) REPORT TO CONGRESS.—Not later than

22 September 30, 1996, and September 30 of each year

23 thereafter, the Administrator and the Secretary shall

24 report to Congress on progress made toward the

25 goal described in paragraph (2).’’; and
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1 (2) in subsection (c)—

2 (A) by striking ‘‘$5,000,000’’ and inserting

3 ‘‘$10,000,000’’; and

4 (B) by striking ‘‘1992’’ and inserting

5 ‘‘1995’’.

6 SEC. 319. MELALEUCA TREE.

7 Section 104(a) of the River and Harbor Act of 1958

8 (33 U.S.C. 610(a)) is amended by inserting ‘‘melaleuca

9 tree,’’ after ‘‘milfoil,’’.

10 SEC. 320. FAULKNER ISLAND, CONNECTICUT.

11 In consultation with the Director of the United States

12 Fish and Wildlife Service, the Secretary shall design and

13 construct shoreline protection measures for the coastline

14 adjacent to the Faulkner Island Lighthouse, Connecticut,

15 at a total cost of $3,300,000.

16 SEC. 321. DESIGNATION OF LOCK AND DAM AT THE RED

17 RIVER WATERWAY, LOUISIANA.

18 (a) DESIGNATION.—Lock and Dam numbered 4 of

19 the Red River Waterway, Louisiana, is designated as the

20 ‘‘Russell B. Long Lock and Dam’’.

21 (b) LEGAL REFERENCES.—A reference in any law,

22 regulation, document, map, record, or other paper of the

23 United States to the lock and dam referred to in sub24 section (a) shall be deemed to be a reference to the ‘‘Rus25 sell B. Long Lock and Dam’’.
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1 SEC. 322. JENNINGS RANDOLPH ACCESS ROAD, GARRETT

2 COUNTY, MARYLAND.

3 The Secretary shall transfer up to $600,000 from the

4 funds appropriated for the Jennings Randolph Lake,

5 Maryland and West Virginia, project to the State of Mary6 land for use by the State in constructing an access road

7 to the William Jennings Randolph Lake in Garrett Coun8 ty, Maryland.

9 SEC. 323. NEW YORK STATE CANAL SYSTEM.

10 (a) IN GENERAL.—In order to make capital improve11 ments to the New York State canal system, the Secretary,

12 with the consent of appropriate local and State entities,

13 shall enter into such arrangements, contracts, and leases

14 with public and private entities as may be necessary for

15 the purposes of rehabilitation, renovation, preservation,

16 and maintenance of the New York State canal system and

17 related facilities, including trailside facilities and other

18 recreational projects along the waterways referred to in

19 subsection (c).

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

21 of capital improvements under this section shall be 50 per22 cent. The total cost is $14,000,000, with an estimated

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

24 cost of $7,000,000.

25 (c) DEFINITION OF NEW YORK STATE CANAL SYS26 TEM.—In this section, the term ‘‘New York State canal
57

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1 system’’ means the Erie, Oswego, Champlain, and Ca2 yuga-Seneca Canals in New York.

3 SEC. 324. QUONSET POINT-DAVISVILLE, RHODE ISLAND.

4 The Secretary shall replace the bulkhead between

5 piers 1 and 2 at the Quonset Point-Davisville Industrial

6 Park, Rhode Island, at a total cost of $1,350,000. The

7 estimated Federal share of the project cost is $1,012,500,

8 and the estimated non-Federal share of the project cost

9 is $337,500. In conjunction with this project, the Sec10 retary shall install high mast lighting at pier 2 at a total

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

12 $225,000 and an estimated non-Federal cost of $75,000.

13 SEC. 325. CAPITAL IMPROVEMENTS FOR THE WASHINGTON

14 AQUEDUCT.

15 (a) AUTHORIZATIONS.—

16 (1) AUTHORIZATION OF MODERNIZATION.—

17 Subject to approval in, and in such amounts as may

18 be provided in appropriations Acts, the Chief of En19 gineers of the Army Corps of Engineers is author20 ized to modernize the Washington Aqueduct.

21 (2) AUTHORIZATION OF APPROPRIATIONS.—

22 There is authorized to be appropriated to the Army

23 Corps of Engineers borrowing authority in amounts

24 sufficient to cover the full costs of modernizing the

25 Washington Aqueduct. The borrowing authority
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1 shall be provided by the Secretary of the Treasury,

2 under such terms and conditions as are established

3 by the Secretary of the Treasury, after a series of

4 contracts with each public water supply customer

5 has been entered into under subsection (b).

6 (b) CONTRACTS WITH PUBLIC WATER SUPPLY CUS7 TOMERS.—

8 (1) CONTRACTS TO REPAY CORPS DEBT.—To

9 the extent provided in appropriations Acts, and in

10 accordance with paragraphs (2) and (3), the Chief

11 of Engineers of the Army Corps of Engineers is au12 thorized to enter into a series of contracts with each

13 public water supply customer under which the cus14 tomer commits to repay a pro-rata share of the prin15 cipal and interest owed by the Army Corps of Engi16 neers to the Secretary of the Treasury under sub17 section (a). Under each of the contracts, the cus18 tomer that enters into the contract shall commit to

19 pay any additional amount necessary to fully offset

20 the risk of default on the contract.

21 (2) OFFSETTING OF RISK OF DEFAULT.—Each

22 contract under paragraph (1) shall include such ad23 ditional terms and conditions as the Secretary of the

24 Treasury may require so that the value to the Gov25 ernment of the contracts is estimated to be equal to
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1 the obligational authority used by the Army Corps

2 of Engineers for modernizing the Washington Aque3 duct at the time that each series of contracts is en4 tered into.

5 (3) OTHER CONDITIONS.—Each contract en6 tered into under paragraph (1) shall—

7 (A) provide that the public water supply

8 customer pledges future income from fees as9 sessed to operate and maintain the Washington

10 Aqueduct;

11 (B) provide the United States priority over

12 all other creditors; and

13 (C) include other conditions that the Sec14 retary of the Treasury determines to be appro15 priate.

16 (c) BORROWING AUTHORITY.—Subject to an appro17 priation under subsection (a)(2) and after entering into

18 a series of contracts under subsection (b), the Secretary,

19 acting through the Chief of Engineers of the Army Corps

20 of Engineers, shall seek borrowing authority from the Sec21 retary of the Treasury under subsection (a)(2).

22 (d) DEFINITIONS.—In this section:

23 (1) PUBLIC WATER SUPPLY CUSTOMER.—The

24 term ‘‘public water supply customer’’ means the Dis-
60

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1 trict of Columbia, the county of Arlington, Virginia,

2 and the city of Falls Church, Virginia.

3 (2) VALUE TO THE GOVERNMENT.—The term

4 ‘‘value to the Government’’ means the net present

5 value of a contract under subsection (b) calculated

6 under the rules set forth in subparagraphs (A) and

7 (B) of section 502(5) of the Congressional Budget

8 Act of 1974 (2 U.S.C. 661a(5)), excluding section

9 502(5)(B)(i) of the Act, as though the contracts pro10 vided for the repayment of direct loans to the public

11 water supply customers.

12 (3) WASHINGTON AQUEDUCT.—The term

13 ‘‘Washington Aqueduct’’ means the water supply

14 system of treatment plans, raw water intakes, con15 duits, reservoirs, transmission mains, and pumping

16 stations owned by the Federal Government located

17 in the metropolitan Washington, District of Colum18 bia, area.

19 SEC. 326. CHESAPEAKE BAY ENVIRONMENTAL RESTORA20 TION AND PROTECTION PROGRAM.

21 (a) ESTABLISHMENT.—

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

23 a pilot program to provide environmental assistance

24 to non-Federal interests in the Chesapeake Bay wa25 tershed.
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1 (2) FORM.—The assistance shall be in the form

2 of design and construction assistance for water-relat3 ed environmental infrastructure and resource protec4 tion and development projects affecting the Chesa5 peake Bay estuary, including projects for sediment

6 and erosion control, protection of eroding shorelines,

7 protection of essential public works, wastewater

8 treatment and related facilities, water supply and re9 lated facilities, and beneficial uses of dredged mate10 rial, and other related projects that may enhance the

11 living resources of the estuary.

12 (b) PUBLIC OWNERSHIP REQUIREMENT.—The Sec13 retary may provide assistance for a project under this sec14 tion only if the project is publicly owned, and will be pub15 licly operated and maintained.

16 (c) LOCAL COOPERATION AGREEMENT.—

17 (1) IN GENERAL.—Before providing assistance

18 under this section, the Secretary shall enter into a

19 local cooperation agreement with a non-Federal in20 terest to provide for design and construction of the

21 project to be carried out with the assistance.

22 (2) REQUIREMENTS.—Each local cooperation

23 agreement entered into under this subsection shall

24 provide for—
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1 (A) the development by the Secretary, in

2 consultation with appropriate Federal, State,

3 and local officials, of a facilities or resource

4 protection and development plan, including ap5 propriate engineering plans and specifications

6 and an estimate of expected resource benefits;

7 and

8 (B) the establishment of such legal and in9 stitutional structures as are necessary to ensure

10 the effective long-term operation and mainte11 nance of the project by the non-Federal inter12 est.

13 (d) COST SHARING.—

14 (1) FEDERAL SHARE.—Except as provided in

15 paragraph (2)(B), the Federal share of the total

16 project costs of each local cooperation agreement en17 tered into under this section shall be 75 percent.

18 (2) NON-FEDERAL SHARE.—

19 (A) VALUE OF LANDS, EASEMENTS,

20 RIGHTS-OF-WAY, AND RELOCATIONS.—In deter21 mining the non-Federal contribution toward

22 carrying out a local cooperation agreement en23 tered into under this section, the Secretary

24 shall provide credit to a non-Federal interest

25 for the value of lands, easements, rights-of-way,
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1 and relocations provided by the non-Federal in2 terest, except that the amount of credit pro3 vided for a project under this paragraph may

4 not exceed 25 percent of the total project costs.

5 (B) OPERATION AND MAINTENANCE

6 COSTS.—The non-Federal share of the costs of

7 operation and maintenance of carrying out the

8 agreement under this section shall be 100 per9 cent.

10 (e) APPLICABILITY OF OTHER FEDERAL AND STATE

11 LAWS AND AGREEMENTS.—

12 (1) IN GENERAL.—Nothing in this section

13 waives, limits, or otherwise affects the applicability

14 of any provision of Federal or State law that would

15 otherwise apply to a project carried out with assist16 ance provided under this section.

17 (2) COOPERATION.—In carrying out this sec18 tion, the Secretary shall cooperate fully with the

19 heads of appropriate Federal agencies, including—

20 (A) the Administrator of the Environ21 mental Protection Agency;

22 (B) the Secretary of Commerce, acting

23 through the Administrator of the National Oce24 anic and Atmospheric Administration;
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1 (C) the Secretary of the Interior, acting

2 through the Director of the United States Fish

3 and Wildlife Service; and

4 (D) the heads of such other Federal agen5 cies and agencies of a State or political subdivi6 sion of a State as the Secretary determines to

7 be appropriate.

8 (f) DEMONSTRATION PROJECT.—The Secretary shall

9 establish at least 1 project under this section in each of

10 the States of Maryland, Virginia, and Pennsylvania. A

11 project established under this section shall be carried out

12 using such measures as are necessary to protect environ13 mental, historic, and cultural resources.

14 (g) REPORT.—Not later than December 31, 1998,

15 the Secretary shall transmit to Congress a report on the

16 results of the program carried out under this section, to17 gether with a recommendation concerning whether or not

18 the program should be implemented on a national basis.

19 (h) AUTHORIZATION OF APPROPRIATIONS.—There

20 are authorized to be appropriated to carry out this section

21 $30,000,000 for fiscal year 1996, to remain available until

22 expended.

23 SEC. 327. TECHNICAL CORRECTIONS.

24 (a) CONTRIBUTIONS FOR ENVIRONMENTAL AND

25 RECREATION PROJECTS.—Section 203(b) of the Water
65

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1 Resources Development Act of 1992 (33 U.S.C. 2325(b))

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

3 (b) CHALLENGE COST-SHARING PROGRAM.—The

4 second sentence of section 225(c) of the Act (33 U.S.C.

5 2328(c)) is amended by striking ‘‘(8662)’’ and inserting

6 ‘‘(8862)’’.

7 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

9 ‘‘Water Resources Development Act of 1995’’.

10 (b) TABLE OF CONTENTS.—The table of contents of this

11 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. Heber Springs, Arkansas.

Sec. 202. Morgan Point, Arkansas.

Sec. 203. White River Basin Lakes, Arkansas and Missouri.

Sec. 204. Central and southern Florida.

Sec. 205. West Palm Beach, Florida.

Sec. 206. Periodic maintenance dredging for Greenville Inner Harbor Channel,

Mississippi.

Sec. 207. Sardis Lake, Mississippi.

Sec. 208. Libby Dam, Montana.

Sec. 209. Small flood control project, Malta, Montana.

Sec. 210. Cliffwood Beach, New Jersey.

Sec. 211. Fire Island Inlet, New York.

Sec. 212. Buford Trenton Irrigation District, North Dakota and Montana.

Sec. 213. Wister Lake project, LeFlore County, Oklahoma.

Sec. 214. Willamette River, McKenzie Subbasin, Oregon.

Sec. 215. Abandoned and wrecked barge removal, Rhode Island.

Sec. 216. Providence River and Harbor, Rhode Island.

Sec. 217. Cooper Lake and Channels, Texas.

Sec. 218. Rudee Inlet, Virginia Beach, Virginia.

Sec. 219. Virginia Beach, Virginia.
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TITLE III—GENERAL PROVISIONS

Sec. 301. Cost-sharing for environmental projects.

Sec. 302. Collaborative research and development.

Sec. 303. National inventory of dams.

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.

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. Capital improvements for the 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. Shoreline erosion control demonstration.

Sec. 334. Technical corrections.

1 SEC. 2. DEFINITION OF SECRETARY.

2 In this Act, the term ‘‘Secretary’’ means the Secretary

3 of the Army.

4 TITLE I—WATER RESOURCES

5 PROJECTS

6 SEC. 101. PROJECT AUTHORIZATIONS.

7 Except as otherwise provided in this section, the fol8 lowing projects for water resources development and con-
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1 servation and other purposes are authorized to be carried

2 out by the Secretary substantially in accordance with the

3 plans, and subject to the conditions, recommended in the

4 respective reports designated in this section:

5 (1) MARIN COUNTY SHORELINE, SAN RAFAEL

6 CANAL, CALIFORNIA.—The project for hurricane and

7 storm damage reduction, Marin County Shoreline,

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

9 Engineers, dated January 28, 1994, at a total cost of

10 $27,200,000, with an estimated Federal cost of

11 $17,700,000 and an estimated non-Federal cost of

12 $9,500,000.

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

14 project for flood control, San Lorenzo River, Califor15 nia: Report of the Chief of Engineers, dated June 30,

16 1994, at a total cost of $16,100,000, with an esti17 mated Federal cost of $8,100,000 and an estimated

18 non-Federal cost of $8,000,000 and the habitat res19 toration, at a total cost of $4,050,000, with an esti20 mated Federal cost of $3,040,000 and an estimated

21 non-Federal cost of $1,010,000.

22 (3) SANTA BARBARA HARBOR, SANTA BARBARA

23 COUNTY, CALIFORNIA.—The project for navigation,

24 Santa Barbara Harbor, Santa Barbara, California:

25 Report of the Chief of Engineers, dated April 26,
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1 1994, at a total cost of $5,720,000, with an estimated

2 Federal cost of $4,580,000 and an estimated non-Fed3 eral cost of $1,140,000.

4 (4) PALM VALLEY BRIDGE REPLACEMENT, ST.

5 JOHNS COUNTY, FLORIDA.—The project for naviga6 tion, Palm Valley Bridge, County Road 210, over the

7 Atlantic Intracoastal Waterway in St. Johns County,

8 Florida: Report of the Chief of Engineers, dated June

9 24, 1994, at a total Federal cost of $15,312,000. As

10 a condition of receipt of Federal funds, St. Johns

11 County shall assume full ownership of the replace12 ment bridge, including all associated operation,

13 maintenance, repair, replacement, and rehabilitation

14 costs.

15 (5) ILLINOIS SHORELINE EROSION, INTERIM III,

16 WILMETTE TO ILLINOIS AND INDIANA STATE LINE.—

17 The project for storm damage reduction and shoreline

18 erosion protection from Wilmette, Illinois, to the Illi19 nois and Indiana State line: Report of the Chief of

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

21 $204,000,000, with an estimated Federal cost of

22 $110,000,000 and an estimated non-Federal cost of

23 $94,000,000, and the breakwater near the South

24 Water Filtration Plant, a separable element of the

25 project at a total cost of $8,539,000, with an esti-
69

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1 mated Federal cost of $5,550,000 and an estimated

2 non-Federal cost of $2,989,000. The operation, main3 tenance, repair, replacement, and rehabilitation of the

4 project after construction shall be the responsibility of

5 the non-Federal interests.

6 (6) KENTUCKY LOCK ADDITION, KENTUCKY.—The

7 project for navigation, Kentucky Lock Addition, Ken8 tucky: Report of the Chief of Engineers, dated June

9 1, 1992, at a total cost of $467,000,000. The construc10 tion costs of the project shall be paid—

11 (A) 50 percent from amounts appropriated

12 from the general fund of the Treasury; and

13 (B) 50 percent from amounts appropriated

14 from the Inland Waterways Trust Fund estab15 lished by section 9506 of the Internal Revenue

16 Code of 1986.

17 (7) WOLF CREEK HYDROPOWER, CUMBERLAND

18 RIVER, KENTUCKY.—The project for hydropower, Wolf

19 Creek Dam and Lake Cumberland, Kentucky: Report

20 of the Chief of Engineers, dated June 28, 1994, at a

21 total cost of $50,230,000. Funds derived by the Ten22 nessee Valley Authority from the power program of

23 the Authority and funds derived from any private or

24 public entity designated by the Southeastern Power
70

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1 Administration may be used for all or part of any

2 cost-sharing requirements for the project.

3 (8) PORT FOURCHON, LOUISIANA.—The project

4 for navigation, Port Fourchon, Louisiana: Report of

5 the Chief of Engineers, dated April 7, 1995, at a total

6 cost of $2,812,000, with an estimated Federal cost of

7 $2,211,000 and an estimated non-Federal cost of

8 $601,000.

9 (9) WEST BANK HURRICANE PROTECTION LEVEE,

10 JEFFERSON PARISH, LOUISIANA.—The West Bank

11 Hurricane Protection Levee, Jefferson Parish, Louisi12 ana project, authorized by section 401(b) of the Water

13 Resources Development Act of 1986 (Public Law 99–

14 662; 100 Stat. 4128), is modified to authorize the Sec15 retary to extend protection to areas east of the Harvey

16 Canal, including an area east of the Algiers Canal:

17 Report of the Chief of Engineers, dated May 1, 1995,

18 at a total cost of $217,000,000, with an estimated

19 Federal cost of $141,400,000 and an estimated non20 Federal cost of $75,600,000.

21 (10) STABILIZATION OF NATCHEZ BLUFFS, MIS22 SISSIPPI.—The project for bluff stabilization, Natchez

23 Bluffs, Natchez, Mississippi: Natchez Bluffs Study,

24 dated September 1985, Natchez Bluffs Study: Supple25 ment I, dated June 1990, and Natchez Bluffs Study:
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1 Supplement II, dated December 1993, in the portions

2 of the bluffs described in the reports designated in this

3 paragraph as Clifton Avenue, area 3; Bluff above Sil4 ver Street, area 6; Bluff above Natchez Under-the5 Hill, area 7; and Madison Street to State Street, area

6 4, at a total cost of $17,200,000, with an estimated

7 Federal cost of $12,900,000 and an estimated non8 Federal cost of $4,300,000.

9 (11) WOOD RIVER AT GRAND ISLAND, NE10 BRASKA.—The project for flood control, Wood River at

11 Grand Island, Nebraska: Report of the Chief of Engi12 neers, dated May 3, 1994, at a total cost of

13 $10,500,000, with an estimated Federal cost of

14 $5,250,000 and an estimated non-Federal cost of

15 $5,250,000.

16 (12) WILMINGTON HARBOR, CAPE FEAR-NORTH17 EAST CAPE FEAR RIVERS, NORTH CAROLINA.—The

18 project for navigation, Wilmington Harbor, Cape

19 Fear-Northeast Cape Fear Rivers, North Carolina:

20 Report of the Chief of Engineers, dated June 24,

21 1994, at a total cost of $23,290,000, with an esti22 mated Federal cost of $16,955,000 and an estimated

23 non-Federal cost of $6,335,000.

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

25 control, Duck Creek, Cincinnati, Ohio: Report of the
72

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

2 cost of $15,408,000, with an estimated Federal cost of

3 $11,556,000 and an estimated non-Federal cost of

4 $3,852,000.

5 (14) POND CREEK, OHIO.—The project for flood

6 control, Pond Creek, Ohio: Report of the Chief of En7 gineers, dated June 28, 1994, at a total cost of

8 $16,865,000, with an estimated Federal cost of

9 $11,243,000 and an estimated non-Federal cost of

10 $5,622,000.

11 (15) COOS BAY, OREGON.—The project for navi12 gation, Coos Bay, Oregon: Report of the Chief of En13 gineers, dated June 30, 1994, at a total cost of

14 $14,541,000, with an estimated Federal cost of

15 $10,777,000 and an estimated non-Federal cost of

16 $3,764,000.

17 (16) BIG SIOUX RIVER AND SKUNK CREEK AT

18 SIOUX FALLS, SOUTH DAKOTA.—The project for flood

19 control, Big Sioux River and Skunk Creek at Sioux

20 Falls, South Dakota: Report of the Chief of Engineers,

21 dated June 30, 1994, at a total cost of $31,600,000,

22 with an estimated Federal cost of $23,600,000 and an

23 estimated non-Federal cost of $8,000,000.

24 (17) ATLANTIC INTRACOASTAL WATERWAY

25 BRIDGE REPLACEMENT AT GREAT BRIDGE, CHESA-
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1 PEAKE, VIRGINIA.—The project for navigation at

2 Great Bridge, Virginia Highway 168, over the Atlan3 tic Intracoastal Waterway in Chesapeake, Virginia:

4 Report of the Chief of Engineers, dated July 1, 1994,

5 at a total cost of $23,680,000, with an estimated Fed6 eral cost of $20,341,000 and an estimated non-Fed7 eral cost of $3,339,000. The city of Chesapeake shall

8 assume full ownership of the replacement bridge, in9 cluding all associated operation, maintenance, repair,

10 replacement, and rehabilitation costs.

11 (18) MARMET LOCK REPLACEMENT, KANAWHA

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

13 Marmet Lock Replacement, Marmet Locks and Dam,

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

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

16 $257,900,000. The construction costs of the project

17 shall be paid—

18 (A) 50 percent from amounts appropriated

19 from the general fund of the Treasury; and

20 (B) 50 percent from amounts appropriated

21 from the Inland Waterways Trust Fund estab22 lished by section 9506 of the Internal Revenue

23 Code of 1986.
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1 SEC. 102. PROJECT MODIFICATIONS.

2 (a) OAKLAND HARBOR, CALIFORNIA.—The projects for

3 navigation, Oakland Outer Harbor, California, and Oak4 land Inner Harbor, California, authorized by section

5 202(a) of the Water Resources Development Act of 1986

6 (Public Law 99–662; 100 Stat. 4092), are modified to com7 bine the 2 projects into 1 project, to be designated as the

8 Oakland Harbor, California, project. The Oakland Harbor,

9 California, project shall be carried out by the Secretary sub10 stantially in accordance with the plans and subject to the

11 conditions recommended in the reports designated for the

12 projects in the section, except that the non-Federal share

13 of project cost and any available credits toward the non14 Federal share shall be calculated on the basis of the total

15 cost of the combined project. The total cost of the combined

16 project is $102,600,000, with an estimated Federal cost of

17 $64,120,000 and an estimated non-Federal cost of

18 $38,480,000.

19 (b) BROWARD COUNTY, FLORIDA.—

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

21 periodic beach nourishment for the Broward County,

22 Florida, Hillsborough Inlet to Port Everglades (Seg23 ment II), shore protection project, authorized by sec24 tion 301 of the River and Harbor Act of 1965 (Public

25 Law 89–298; 79 Stat. 1090), through the year 2020.

26 The beach nourishment shall be carried out in accord-
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1 ance with the recommendations of the section 934

2 study and reevaluation report for the project carried

3 out under section 156 of the Water Resources Develop4 ment Act of 1976 (42 U.S.C. 1962d–5f) and approved

5 by the Chief of Engineers by memorandum dated

6 June 9, 1995.

7 (2) COSTS.—The total cost of the activities re8 quired under this subsection shall not exceed

9 $15,457,000, of which the Federal share shall not ex10 ceed $9,846,000.

11 (c) CANAVERAL HARBOR, FLORIDA.—The project for

12 navigation, Canaveral Harbor, Florida, authorized by sec13 tion 101(7) of the Water Resources Development Act of 1992

14 (Public Law 102–580; 106 Stat. 4802), is modified to au15 thorize the Secretary to reclassify the removal and replace16 ment of stone protection on both sides of the channel as gen17 eral navigation features of the project subject to cost sharing

18 in accordance with section 101(a) of the Water Resources

19 Development Act of 1986 (33 U.S.C. 2211(a)). The Sec20 retary may reimburse the non-Federal interests for such

21 costs incurred by the non-Federal interests in connection

22 with the removal and replacement as the Secretary deter23 mines are in excess of the non-Federal share of the costs

24 of the project required under the section.
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1 (d) FORT PIERCE, FLORIDA.—The Secretary shall pro2 vide periodic beach nourishment for the Fort Pierce beach

3 erosion control project, St. Lucie County, Florida, author4 ized by section 301 of the River and Harbor Act of 1965

5 (Public Law 89–298; 79 Stat. 1092), through the year 2020.

6 (e) NORTH BRANCH OF CHICAGO RIVER, ILLINOIS.—

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

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

9 Water Resources Development Act of 1986 (Public Law 99–

10 662; 100 Stat. 4115), is modified to authorize the Secretary

11 to carry out the project substantially in accordance with

12 the post authorization change report for the project dated

13 March 1994, at a total cost of $34,800,000, with an esti14 mated Federal cost of $20,774,000 and an estimated non15 Federal cost of $14,026,000.

16 (f) ARKANSAS CITY, KANSAS.—The project for flood

17 control, Arkansas City, Kansas, authorized by section

18 401(a) of the Water Resources Development Act of 1986

19 (Public Law 99–662; 100 Stat. 4116), is modified to au20 thorize the Secretary to construct the project substantially

21 in accordance with the post authorization change report for

22 the project dated June 1994, at a total cost of $35,700,000,

23 with an estimated Federal cost of $26,600,000 and an esti24 mated non-Federal cost of $9,100,000.
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1 (g) HALSTEAD, KANSAS.—The project for flood control,

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

3 Resources Development Act of 1986 (Public Law 99–662;

4 100 Stat. 4116), is modified to authorize the Secretary to

5 construct the project substantially in accordance with the

6 post authorization change report for the project dated

7 March 1993, at a total cost of $11,100,000, with an esti8 mated Federal cost of $8,325,000 and an estimated non9 Federal cost of $2,775,000.

10 (h) BAPTISTE COLLETTE BAYOU, LOUISIANA.—The

11 project for navigation, Mississippi River Outlets, Venice,

12 Louisiana, authorized by section 101 of the River and Har13 bor Act of 1968 (Public Law 90–483; 82 Stat. 731), is

14 modified to provide for the extension of the 16-foot deep

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

16 entrance channel to approximately mile 8 of the Mississippi

17 River Gulf Outlet navigation channel at a total estimated

18 Federal cost of $80,000, including $4,000 for surveys and

19 $76,000 for Coast Guard aids to navigation.

20 (i) MANISTIQUE HARBOR, MICHIGAN.—

21 (1) SAND AND STONE CAP.—The project for navi22 gation, Manistique Harbor, Schoolcraft County,

23 Michigan, authorized by the first section of the Act

24 entitled ‘‘An Act making appropriations for the con25 struction, repair, and preservation of certain public
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1 works on rivers and harbors, and for other purposes’’,

2 approved March 3, 1905 (33 Stat. 1136), is modified

3 to permit installation of a sand and stone cap over

4 sediments affected by polychlorinated biphenyls, in

5 accordance with an administrative order of the Envi6 ronmental Protection Agency.

7 (2) PROJECT DEPTH.—

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

9 subparagraph (B), the project described in para10 graph (1) is modified to provide for an author11 ized depth of 18 feet.

12 (B) EXCEPTION.—The authorized depth

13 shall be 12.5 feet in the areas where the sand and

14 stone cap described in paragraph (1) will be

15 placed within the following coordinates: 4220N–

16 2800E to 4220N–3110E to 3980N–3260E to

17 3190N–3040E to 2960N–2560E to 3150N–2300E

18 to 3680N–2510E to 3820N–2690E and back to

19 4220N–2800E.

20 (3) HARBOR OF REFUGE.—The project described

21 in paragraph (1), including the breakwalls, pier, and

22 authorized depth of the project (as modified by para23 graph (2)), shall continue to be maintained as a har24 bor of refuge.
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1 (j) STILLWATER, MINNESOTA.—Not later than 1 year

2 after the date of enactment of this Act, the Secretary shall

3 prepare a design memorandum for the project authorized

4 by section 363 of the Water Resources Development Act of

5 1992 (Public Law 102–580; 106 Stat. 4861) for the purpose

6 of evaluating the Federal interest in construction of the

7 project for flood control and determining the most feasible

8 alternative. If the Secretary determines that there is such

9 a Federal interest, the Secretary shall construct the most

10 feasible alternative at a total cost of not to exceed

11 $11,600,000. The Federal share of the cost shall be 75 per12 cent.

13 (k) CAPE GIRARDEAU, MISSOURI.—The project for

14 flood control, Cape Girardeau, Jackson Metropolitan Area,

15 Missouri, authorized by section 401(a) of the Water Re16 sources Development Act of 1986 (Public Law 99–662; 100

17 Stat. 4118–4119), is modified to authorize the Secretary to

18 carry out the project, including the implementation of non19 structural measures, at a total cost of $44,700,000, with an

20 estimated Federal cost of $32,600,000 and an estimated

21 non-Federal cost of $12,100,000.

22 (l) WILMINGTON HARBOR-NORTHEAST CAPE FEAR

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

24 Wilmington Harbor-Northeast Cape Fear River, North

25 Carolina, authorized by section 202(a) of the Water Re-
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1 sources Development Act of 1986 (Public Law 99–662; 100

2 Stat. 4095), is modified to authorize the Secretary to con3 struct the project substantially in accordance with the gen4 eral design memorandum for the project dated April 1990

5 and the general design memorandum supplement for the

6 project dated February 1994, at a total cost of $50,921,000,

7 with an estimated Federal cost of $25,128,000 and an esti8 mated non-Federal cost of $25,793,000.

9 (m) SAW MILL RUN, PENNSYLVANIA.—The project for

10 flood control, Saw Mill Run, Pittsburgh, Pennsylvania, au11 thorized by section 401(a) of the Water Resources Develop12 ment Act of 1986 (Public Law 99–662; 100 Stat. 4124),

13 is modified to authorize the Secretary to carry out the

14 project substantially in accordance with the post authoriza15 tion change and general reevaluation report for the project,

16 dated April 1994, at a total cost of $12,780,000, with an

17 estimated Federal cost of $9,585,000 and an estimated non18 Federal cost of $3,195,000.

19 (n) ALLENDALE DAM, NORTH PROVIDENCE, RHODE

20 ISLAND.—The project for reconstruction of the Allendale

21 Dam, North Providence, Rhode Island, authorized by sec22 tion 358 of the Water Resources Development Act of 1992

23 (Public Law 102–580; 106 Stat. 4861), is modified to au24 thorize the Secretary to reconstruct the dam, at a total cost
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1 of $350,000, with an estimated Federal cost of $262,500 and

2 an estimated non-Federal cost of $87,500.

3 (o) INDIA POINT BRIDGE, SEEKONK RIVER, PROVI4 DENCE, RHODE ISLAND.—The project for the removal and

5 demolition of the India Point Railroad Bridge, Seekonk

6 River, Rhode Island, authorized by section 1166(c) of the

7 Water Resources Development Act of 1986 (Public Law 99–

8 662; 100 Stat. 4258), is modified to authorize the Secretary

9 to demolish and remove the center span of the bridge, at

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

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

12 (p) DALLAS FLOODWAY EXTENSION, DALLAS,

13 TEXAS.—

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

15 Dallas Floodway Extension, Dallas, Texas, authorized

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

17 (Public Law 89–298; 79 Stat. 1091), is modified to

18 provide that, notwithstanding the last sentence of sec19 tion 104(c) of the Water Resources Development Act

20 of 1986 (33 U.S.C. 2214(c)), the Secretary shall credit

21 the cost of work performed by the non-Federal inter22 ests in constructing flood protection works for Roch23 ester Park and the Central Wastewater Treatment

24 Plant against the non-Federal share of the cost of the

25 project or any revision of the project.
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1 (2) DETERMINATION OF AMOUNT.—The amount

2 to be credited under paragraph (1) shall be deter3 mined by the Secretary. In determining the amount,

4 the Secretary shall include only the costs of such work

5 performed by the non-Federal interests as is—

6 (A) compatible with the project described in

7 paragraph (1) or any revision of the project; or

8 (B) required for construction of the project

9 or any revision of the project.

10 (3) CASH CONTRIBUTION.—Nothing in this sub11 section limits the applicability of the requirement

12 specified in section 103(a)(1)(A) of the Water Re13 sources Development Act of 1986 (33 U.S.C.

14 2213(a)(1)(A)) to the project described in paragraph

15 (1).

16 (q) MATAGORDA SHIP CHANNEL, PORT LAVACA,

17 TEXAS.—The project for navigation, Matagorda Ship

18 Channel, Port Lavaca, Texas, authorized by section 101 of

19 the River and Harbor Act of 1958 (Public Law 85–500;

20 72 Stat. 298), is modified to require the Secretary to assume

21 responsibility for the maintenance of the Point Comfort

22 Turning Basin Expansion Area to a depth of 36 feet, as

23 constructed by the non-Federal interests. The modification

24 described in the preceding sentence shall be considered to

25 be in the public interest and to be economically justified.
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1 (r) UPPER JORDAN RIVER, UTAH.—The project for

2 flood control, Upper Jordan River, Utah, authorized by sec3 tion 101(a)(23) of the Water Resources Development Act of

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

5 to authorize the Secretary to carry out the project substan6 tially in accordance with the general design memorandum

7 for the project dated March 1994, and the post authoriza8 tion change report for the project dated April 1994, at a

9 total cost of $12,370,000, with an estimated Federal cost

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

11 $4,150,000.

12 (s) GRUNDY, VIRGINIA.—The Secretary shall proceed

13 with planning, engineering, design, and construction of the

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

15 the Big Sandy River and Upper Cumberland River project,

16 authorized by section 202 of the Energy and Water Develop17 ment Appropriation Act, 1981 (Public Law 96–367; 94

18 Stat. 1339), in accordance with Plan 3A as set forth in

19 the preliminary draft detailed project report of the Hun20 tington District Commander, dated August 1993.

21 (t) HAYSI LAKE, VIRGINIA AND KENTUCKY.—The Sec22 retary shall expedite completion of the flood damage reduc23 tion plan for the Levisa Fork Basin in Virginia and Ken24 tucky, authorized by section 202 of the Energy and Water

25 Development Appropriation Act, 1981 (Public Law 96–367;
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1 94 Stat. 1339), in a manner that is consistent with the

2 Haysi Lake component of the plan for flood control and

3 associated water resource features identified by the non4 Federal interests.

5 (u) PETERSBURG, WEST VIRGINIA.—The project for

6 flood control, Petersburg, West Virginia, authorized by sec7 tion 101(a)(26) of the Water Resources Development Act of

8 1990 (Public Law 101–640; 104 Stat. 4611), is modified

9 to authorize the Secretary to construct the project at a total

10 cost of not to exceed $26,600,000, with an estimated Federal

11 cost of $19,195,000 and an estimated non-Federal cost of

12 $7,405,000.

13 (v) TETON COUNTY, WYOMING.—Section 840 of the

14 Water Resources Development Act of 1986 (Public Law 99–

15 662; 100 Stat. 4176) is amended—

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

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

18 this section, the Secretary may enter into agreements

19 with the non-Federal sponsors permitting the non20 Federal sponsors to perform operation and mainte21 nance for the project on a cost-reimbursable basis.

22 The’’;

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

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

25 (3) by inserting a comma after ‘‘materials’’.
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1 SEC. 103. PROJECT DEAUTHORIZATIONS.

2 (a) BRIDGEPORT HARBOR, CONNECTICUT.—

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

4 project for navigation, Bridgeport Harbor, Connecti5 cut, authorized by section 101 of the River and Har6 bor Act of 1958 (Public Law 85–500; 72 Stat. 297),

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

8 6 feet at the head of Johnsons River between the Fed9 eral channel and Hollisters Dam, is deauthorized.

10 (2) JOHNSONS RIVER CHANNEL.—The portion of

11 the project for navigation, Johnsons River Channel,

12 Bridgeport Harbor, Connecticut, authorized by the

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

14 the construction, repair, and preservation of certain

15 public works on rivers and harbors, and for other

16 purposes’’, approved July 24, 1946 (60 Stat. 634),

17 that is northerly of a line across the Federal channel

18 the coordinates of which are north 123318.35, east

19 486301.68, and north 123257.15, east 486380.77, is

20 deauthorized.

21 (b) GUILFORD HARBOR, CONNECTICUT.—

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

23 navigation, Guilford Harbor, Connecticut, authorized

24 by the Act entitled ‘‘An Act authorizing the construc25 tion, repair, and preservation of certain public works

26 on rivers and harbors, and for other purposes’’, ap-
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1 proved March 2, 1945 (59 Stat. 13), that consists of

2 the 6-foot deep channel in Sluice Creek and that is

3 not included in the description of the realigned chan4 nel set forth in paragraph (2) is deauthorized.

5 (2) DESCRIPTION OF REALIGNED CHANNEL.—

6 The realigned channel referred to in paragraph (1) is

7 described as follows: starting at a point where the

8 Sluice Creek Channel intersects with the main en9 trance channel, N159194.63, E623201.07, thence run10 ning north 24 degrees, 58 minutes, 15.2 seconds west

11 478.40 feet to a point N159628.31, E622999.11,

12 thence running north 20 degrees, 18 minutes, 31.7

13 seconds west 351.53 feet to a point N159957.99,

14 E622877.10, thence running north 69 degrees, 41

15 minutes, 37.9 seconds east 55.00 feet to a point

16 N159977.08, E622928.69, thence turning and run17 ning south 20 degrees, 18 minutes, 31.0 seconds east

18 349.35 feet to a point N159649.45, E623049.94,

19 thence turning and running south 24 degrees, 58 min20 utes, 11.1 seconds east 341.36 feet to a point

21 N159340.00, E623194.04, thence turning and run22 ning south 90 degrees, 0 minutes, 0 seconds east 78.86

23 feet to a point N159340.00, E623272.90.

24 (c) NORWALK HARBOR, CONNECTICUT.—
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1 (1) IN GENERAL.—The following portions of

2 projects for navigation, Norwalk Harbor, Connecticut,

3 are deauthorized:

4 (A) The portion authorized by the Act enti5 tled ‘‘An Act making appropriations for the con6 struction, repair, and preservation of certain

7 public works on rivers and harbors, and for other

8 purposes’’, approved March 2, 1919 (40 Stat.

9 1276), that lies northerly of a line across the

10 Federal channel having coordinates N104199.72,

11 E417774.12 and N104155.59, E417628.96.

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

13 Norwalk Channel and Anchorage, authorized by

14 the Act entitled ‘‘An Act authorizing the con15 struction, repair, and preservation of certain

16 public works on rivers and harbors, and for other

17 purposes’’, approved March 2, 1945 (59 Stat.

18 13), that are not included in the description of

19 the realigned channel and anchorage set forth in

20 paragraph (2).

21 (2) DESCRIPTION OF REALIGNED CHANNEL AND

22 ANCHORAGE.—The realigned 6-foot deep East Nor23 walk Channel and Anchorage referred to in para24 graph (1)(B) is described as follows: starting at a

25 point on the East Norwalk Channel, N95743.02,
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1 E419581.37, thence running northwesterly about

2 463.96 feet to a point N96197.93, E419490.18, thence

3 running northwesterly about 549.32 feet to a point

4 N96608.49, E419125.23, thence running northwesterly

5 about 384.06 feet to a point N96965.94, E418984.75,

6 thence running northwesterly about 407.26 feet to a

7 point N97353.87, E418860.78, thence running west8 erly about 58.26 feet to a point N97336.26,

9 E418805.24, thence running northwesterly about

10 70.99 feet to a point N97390.30, E418759.21, thence

11 running westerly about 71.78 feet to a point on the

12 anchorage limit N97405.26, E418689.01, thence run13 ning southerly along the western limits of the Federal

14 anchorage in existence on the date of enactment of

15 this Act until reaching a point N95893.74,

16 E419449.17, thence running in a southwesterly direc17 tion about 78.74 feet to a point on the East Norwalk

18 Channel N95815.62, E419439.33.

19 (3) DESIGNATION OF REALIGNED CHANNEL AND

20 ANCHORAGE.—All of the realigned channel shall be re21 designated as an anchorage, with the exception of the

22 portion of the channel that narrows to a width of 100

23 feet and terminates at a line the coordinates of which

24 are N96456.81, E419260.06 and N96390.37,

25 E419185.32, which shall remain as a channel.
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1 (d) 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 entitled

5 ‘‘An Act authorizing the construction, repair, and

6 preservation of certain public works on rivers and

7 harbors, and for other purposes’’, approved August 30,

8 1935 (49 Stat. 1029), are deauthorized:

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

10 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 di15 rection about 943.01 feet to a point the coordi16 nates of which are north 109635.22, east

17 453450.31, running thence in a southeasterly di18 rection 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 di21 rection about 945.18 feet to the point of begin22 ning.

23 (2) REMAINDER.—The portion of the project re24 ferred to in paragraph (1) that is remaining after the

25 deauthorization made by the paragraph and that is
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1 northerly of a line the coordinates of which are north

2 108699.15, east 452768.36, and north 108655.66, east

3 452858.73, is redesignated as an anchorage.

4 (e) EAST BOOTHBAY HARBOR, MAINE.—The following

5 portion of the navigation project for East Boothbay Harbor,

6 Maine, authorized by the first section of the Act of June

7 25, 1910 (36 Stat. 631, chapter 382) (commonly referred

8 to as the ‘‘River and Harbor Act of 1910’’), containing ap9 proximately 1.15 acres and described in accordance with

10 the Maine State Coordinate System, West Zone, is de11 authorized:

12 Beginning at a point noted as point number 6

13 and shown as having plan coordinates of North 9,

14 722, East 9, 909 on the plan entitled, ‘‘East Boothbay

15 Harbor, Maine, examination, 8-foot area’’, and dated

16 August 9, 1955, Drawing Number F1251 D–6–2, said

17 point having Maine State Coordinate System, West

18 Zone coordinates of Northing 74514, Easting 698381;

19 and

20 Thence, North 58 degrees, 12 minutes, 30 seconds

21 East a distance of 120.9 feet to a point; and

22 Thence, South 72 degrees, 21 minutes, 50 seconds

23 East a distance of 106.2 feet to a point; and

24 Thence, South 32 degrees, 04 minutes, 55 seconds

25 East a distance of 218.9 feet to a point; and
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1 Thence, South 61 degrees, 29 minutes, 40 seconds

2 West a distance of 148.9 feet to a point; and

3 Thence, North 35 degrees, 14 minutes, 12 seconds

4 West a distance of 87.5 feet to a point; and

5 Thence, North 78 degrees, 30 minutes, 58 seconds

6 West a distance of 68.4 feet to a point; and

7 Thence, North 27 degrees, 11 minutes, 39 seconds

8 West a distance of 157.3 feet to the point of begin9 ning.

10 (f) YORK HARBOR, MAINE.—The following portions of

11 the project for navigation, York Harbor, Maine, authorized

12 by section 101 of the River and Harbor Act of 1960 (Public

13 Law 86–645; 74 Stat. 480), are deauthorized:

14 (1) The portion located in the 8-foot deep an15 chorage area beginning at coordinates N109340.19,

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

17 minutes, 10.5 seconds east 423.27 feet to a point

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

19 degrees, 42 minutes, 58.3 seconds west 11.68 feet to a

20 point N109527.95, E372445.56, thence running south

21 63 degrees, 37 minutes, 24.6 seconds west 422.63 feet

22 to the point of beginning.

23 (2) The portion located in the 8-foot deep an24 chorage area beginning at coordinates N108557.24,

25 E371645.88, thence running south 60 degrees, 41
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1 minutes, 17.2 seconds east 484.51 feet to a point

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

3 degrees, 12 minutes, 53.3 seconds east 15.28 feet to a

4 point N108333.38, E372075.82, thence running north

5 62 degrees, 29 minutes, 42.1 seconds west 484.73 feet

6 to the point of beginning.

7 (g) FALL RIVER HARBOR, MASSACHUSETTS AND

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

9 Harbor, Massachusetts and Rhode Island, authorized by sec10 tion 101 of the River and Harbor Act of 1968 (Public Law

11 90–483; 82 Stat. 731), is modified to provide that alteration

12 of the drawspan of the Brightman Street Bridge to provide

13 a channel width of 300 feet shall not be required after the

14 date of enactment of this Act.

15 (h) OSWEGATCHIE RIVER, OGDENSBURG, NEW

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

17 Oswegatchie River in Ogdensburg, New York, from the

18 southernmost alignment of the Route 68 bridge, upstream

19 to the northernmost alignment of the Lake Street bridge,

20 is deauthorized.

21 (i) KICKAPOO RIVER, WISCONSIN.—

22 (1) PROJECT MODIFICATION.—The project for

23 flood control and allied purposes, Kickapoo River,

24 Wisconsin, authorized by section 203 of the Flood

25 Control Act of 1962 (Public Law 87–874; 76 Stat.
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1 1190), as modified by section 814 of the Water Re2 sources Development Act of 1986 (Public Law 99–662;

3 100 Stat. 4169), is further modified as provided by

4 this subsection.

5 (2) TRANSFER OF PROPERTY.—

6 (A) IN GENERAL.—Subject to the require7 ments of this paragraph, the Secretary shall

8 transfer to the State of Wisconsin, without con9 sideration, all right, title, and interest of the

10 United States in and to the lands described in

11 subparagraph (B), including all works, struc12 tures, and other improvements on the lands.

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

14 transferred pursuant to subparagraph (A) are

15 the approximately 8,569 acres of land associated

16 with the LaFarge Dam and Lake portion of the

17 project referred to in paragraph (1) in Vernon

18 County, Wisconsin, in the following sections:

19 (i) Section 31, Township 14 North,

20 Range 1 West of the 4th Principal Merid21 ian.

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

23 20, and 21, Township 13 North, Range 2

24 West of the 4th Principal Meridian.
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1 (iii) Sections 15, 16, 21 through 24,

2 26, 27, 31, and 33 through 36, Township 14

3 North, Range 2 West of the 4th Principal

4 Meridian.

5 (C) TERMS AND CONDITIONS.—The transfer

6 under subparagraph (A) shall be made on the

7 condition that the State of Wisconsin enters into

8 a written agreement with the Secretary to hold

9 the United States harmless from all claims aris10 ing from or through the operation of the lands

11 and improvements subject to the transfer.

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

13 1996, the Secretary shall transmit to the State of

14 Wisconsin an offer to make the transfer under

15 this paragraph. The offer shall provide for the

16 transfer to be made in the period beginning on

17 November 1, 1996, and ending on December 31,

18 1996.

19 (E) DEAUTHORIZATION.—The LaFarge

20 Dam and Lake portion of the project referred to

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

22 of the transfer under this paragraph.

23 (F) INTERIM MANAGEMENT AND MAINTE24 NANCE.—The Secretary shall continue to manage

25 and maintain the LaFarge Dam and Lake por-
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1 tion of project referred to in paragraph (1) until

2 the date of the transfer under this paragraph.

3 SEC. 104. STUDIES.

4 (a) BEAR CREEK DRAINAGE, SAN JOAQUIN COUNTY,

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

6 Bear Creek Drainage, San Joaquin County, California,

7 flood control project, authorized by section 10 of the Act

8 entitled ‘‘An Act authorizing the construction of certain

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

10 for other purposes’’, approved December 22, 1944 (58 Stat.

11 901), to develop a comprehensive plan for additional flood

12 damage reduction measures for the city of Stockton, Califor13 nia, and surrounding areas.

14 (b) LAKE ELSINORE, RIVERSIDE COUNTY, CALIFOR15 NIA.—Not later than 18 months after the date of enactment

16 of this Act, the Secretary shall—

17 (1) conduct a study of the advisability of modi18 fying, for the purpose of flood control pursuant to sec19 tion 205 of the Flood Control Act of 1948 (33 U.S.C.

20 701s), the Lake Elsinore, Riverside County, Califor21 nia, flood control project, for water conservation stor22 age up to an elevation of 1,249 feet above mean sea

23 level; and
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1 (2) report to Congress on the study, including

2 making recommendations concerning the advisability

3 of so modifying the project.

4 (c) LONG BEACH, CALIFORNIA.—The Secretary shall

5 review the feasibility of navigation improvements at Long

6 Beach Harbor, California, including widening and deepen7 ing of the navigation channel, as provided for in section

8 201(b) of the Water Resources Development Act of 1986

9 (Public Law 99–662; 100 Stat. 4091). The Secretary shall

10 complete the report not later than 1 year after the date of

11 enactment of this Act.

12 (d) MORMON SLOUGH/CALAVERAS RIVER, CALIFOR13 NIA.—The Secretary shall conduct a review of the Mormon

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

15 authorized by section 10 of the Act entitled ‘‘An Act author16 izing the construction of certain public works on rivers and

17 harbors for flood control, and for other purposes’’, approved

18 December 22, 1944 (58 Stat. 902), to develop a comprehen19 sive plan for additional flood damage reduction measures

20 for the city of Stockton, California, and surrounding areas.

21 (e) MURRIETA CREEK, RIVERSIDE COUNTY, CALIFOR22 NIA.—The Secretary shall review the completed feasibility

23 study of the Riverside County Flood Control and Water

24 Conservation District, including identified alternatives,

25 concerning Murrieta Creek from Temecula to Wildomar,
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1 Riverside County, California, to determine the Federal in2 terest in participating in a project for flood control.

3 (f) PINE FLAT DAM FISH AND WILDLIFE HABITAT

4 RESTORATION, CALIFORNIA.—The Secretary shall study the

5 feasibility of fish and wildlife habitat improvement meas6 ures identified for further study by the Pine Flat Dam Fish

7 and Wildlife Habitat Restoration Investigation Reconnais8 sance Report.

9 (g) WEST DADE, FLORIDA.—The Secretary shall con10 duct a reconnaissance study to determine the Federal inter11 est in using the West Dade, Florida, reuse facility to in12 crease the supply of surface water to the Everglades in order

13 to enhance fish and wildlife habitat.

14 (h) SAVANNAH RIVER BASIN COMPREHENSIVE WATER

15 RESOURCES STUDY.—

16 (1) IN GENERAL.—The Secretary shall conduct a

17 comprehensive study to address the current and future

18 needs for flood damage prevention and reduction,

19 water supply, and other related water resources needs

20 in the Savannah River Basin.

21 (2) SCOPE.—The scope of the study shall be lim22 ited to an analysis of water resources issues that fall

23 within the traditional civil works missions of the

24 Army Corps of Engineers.
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1 (3) COORDINATION.—Notwithstanding para2 graph (2), the Secretary shall ensure that the study

3 is coordinated with the Environmental Protection

4 Agency and the ongoing watershed study by the Agen5 cy of the Savannah River Basin.

6 (i) BAYOU BLANC, CROWLEY, LOUISIANA.—The Sec7 retary shall conduct a reconnaissance study to determine

8 the Federal interest in the construction of a bulkhead sys9 tem, consisting of either steel sheet piling with tiebacks or

10 concrete, along the embankment of Bayou Blanc, Crowley,

11 Louisiana, in order to alleviate slope failures and erosion

12 problems in a cost-effective manner.

13 (j) HACKBERRY INDUSTRIAL SHIP CHANNEL PARK,

14 LOUISIANA.—The Secretary shall incorporate the area of

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

16 Lake Charles ship channel, bypass channel, and general an17 chorage area in Louisiana, to explore the possibility of con18 structing additional anchorage areas.

19 (k) CITY OF NORTH LAS VEGAS, CLARK COUNTY, NE20 VADA.—The Secretary shall conduct a reconnaissance study

21 to determine the Federal interest in channel improvements

22 in channel A of the North Las Vegas Wash in the city of

23 North Las Vegas, Nevada, for the purpose of flood control.

24 (l) LOWER LAS VEGAS WASH WETLANDS, CLARK

25 COUNTY, NEVADA.—The Secretary shall conduct a study to
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1 determine the feasibility of the restoration of wetlands in

2 the Lower Las Vegas Wash, Nevada, for the purposes of ero3 sion control and environmental restoration.

4 (m) NORTHERN NEVADA.—The Secretary shall con5 duct reconnaissance studies, in the State of Nevada, of—

6 (1) the Humboldt River, and the tributaries and

7 outlets of the river;

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

9 outlets of the river;

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

11 outlets of the river; and

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

13 outlets of the river;

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

15 environmental restoration, conservation of fish and wildlife,

16 recreation, water conservation, water quality, and toxic and

17 radioactive waste.

18 (n) BUFFALO HARBOR, NEW YORK.—The Secretary

19 shall determine the feasibility of excavating the inner har20 bor and constructing the associated bulkheads in Buffalo

21 Harbor, New York.

22 (o) COEYMANS, NEW YORK.—The Secretary shall con23 duct a reconnaissance study to determine the Federal inter24 est in reopening the secondary channel of the Hudson River

25 in the town of Coeymans, New York, which has been nar-
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1 rowed by silt as a result of the construction of Coeymans

2 middle dike by the Army Corps of Engineers.

3 (p) SHINNECOCK INLET, NEW YORK.—Not later than

4 2 years after the date of enactment of this Act, the Secretary

5 shall conduct a reconnaissance study in Shinnecock Inlet,

6 New York, to determine the Federal interest in constructing

7 a sand bypass system, or other appropriate alternative, for

8 the purposes of allowing sand to flow in the natural east9 to-west pattern of the sand and preventing the further ero10 sion of the beaches west of the inlet and the shoaling of the

11 inlet.

12 (q) KILL VAN KULL AND NEWARK BAY CHANNELS,

13 NEW YORK AND NEW JERSEY.—The Secretary shall con14 tinue engineering and design in order to complete the navi15 gation project at Kill Van Kull and Newark Bay Channels,

16 New York and New Jersey, authorized to be constructed in

17 the Supplemental Appropriations Act, 1985 (Public Law

18 99–88; 99 Stat. 313), and section 202(a) of the Water Re19 sources Development Act of 1986 (Public Law 99–662; 100

20 Stat. 4095), described in the general design memorandum

21 for the project, and approved in the Report of the Chief of

22 Engineers dated December 14, 1981.

23 (r) COLUMBIA SLOUGH, OREGON.—Not later than 2

24 years after the date of enactment of this Act, the Secretary

25 shall complete a feasibility study for the ecosystem restora-
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1 tion project at Columbia Slough, Oregon, as reported in the

2 August 1993 Revised Reconnaissance Study. The study

3 shall be a demonstration study done in coordination with

4 the Environmental Protection Agency.

5 (s) OAHE DAM TO LAKE SHARPE, SOUTH DAKOTA.—

6 The Secretary shall—

7 (1) conduct a study to determine the feasibility

8 of sediment removal and control in the area of the

9 Missouri River downstream of Oahe Dam through the

10 upper reaches of Lake Sharpe, including the lower

11 portion of the Bad River, South Dakota; and

12 (2) develop a comprehensive sediment removal

13 and control plan for the area—

14 (A) based on the assessment by the study of

15 the dredging, estimated costs, and time required

16 to remove sediment from affected areas in Lake

17 Sharpe;

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

19 study of high erosion areas in the Bad River

20 channel; and

21 (ii) including recommendations and related

22 costs for such of the areas as are in need of sta23 bilization and restoration; and
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1 (C)(i) based on the identification by the

2 study of shoreline erosion areas along Lake

3 Sharpe; and

4 (ii) including recommended options for the

5 stabilization and restoration of the areas.

6 (t) ASHLEY CREEK, UTAH.—The Secretary is author7 ized to study the feasibility of undertaking a project for fish

8 and wildlife restoration at Ashley Creek, near Vernal, Utah.

9 TITLE II—PROJECT-RELATED

10 PROVISIONS

11 SEC. 201. HEBER SPRINGS, ARKANSAS.

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

13 agreement with the city of Heber Springs, Arkansas, to pro14 vide 3,522 acre-feet of water supply storage in Greers Ferry

15 Lake, Arkansas, for municipal and industrial purposes, at

16 no cost to the city.

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

18 Springs shall be responsible for 100 percent of the costs of

19 construction, operation, and maintenance of any intake,

20 transmission, treatment, or distribution facility necessary

21 for utilization of the water supply.

22 (c) ADDITIONAL WATER SUPPLY STORAGE.—Any ad23 ditional water supply storage required after the date of en24 actment of this Act shall be contracted for and reimbursed

25 by the city of Heber Springs, Arkansas.
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1 SEC. 202. MORGAN POINT, ARKANSAS.

2 The Secretary shall accept as in-kind contributions for

3 the project at Morgan Point, Arkansas—

4 (1) the items described as fish and wildlife facili5 ties and land in the Morgan Point Broadway Closure

6 Structure modification report for the project, dated

7 February 1994; and

8 (2) fish stocking activities carried out by the

9 non-Federal interests for the project.

10 SEC. 203. WHITE RIVER BASIN LAKES, ARKANSAS AND MIS11 SOURI.

12 The project for flood control and power generation at

13 White River Basin Lakes, Arkansas and Missouri, author14 ized by section 4 of the Act entitled ‘‘An Act authorizing

15 the construction of certain public works on rivers and har16 bors for flood control, and for other purposes’’, approved

17 June 28, 1938 (52 Stat. 1218), shall include recreation and

18 fish and wildlife mitigation as purposes of the project, to

19 the extent that the purposes do not adversely impact flood

20 control, power generation, or other authorized purposes of

21 the project.

22 SEC. 204. CENTRAL AND SOUTHERN FLORIDA.

23 The project for Central and Southern Florida, author24 ized by section 203 of the Flood Control Act of 1968 (Public

25 Law 90–483; 82 Stat. 740), is modified, subject to the avail26 ability of appropriations, to authorize the Secretary to im-
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1 plement the recommended plan of improvement contained

2 in a report entitled ‘‘Central and Southern Florida Project,

3 Final Integrated General Reevaluation Report and Envi4 ronmental Impact Statement, Canal 111 (C–111), South

5 Dade County, Florida’’, dated May 1994 (including acqui6 sition of such portions of the Frog Pond and Rocky Glades

7 areas as are needed for the project), at a total cost of

8 $121,000,000. The Federal share of the cost of implementing

9 the plan of improvement shall be 50 percent. The Secretary

10 of the Interior shall pay 25 percent of the cost of acquiring

11 such portions of the Frog Pond and Rocky Glades areas

12 as are needed for the project, which amount shall be in13 cluded in the Federal share. The non-Federal share of the

14 operation and maintenance costs of the improvements un15 dertaken pursuant to this section shall be 100 percent, ex16 cept that the Federal Government shall reimburse the non17 Federal interest in an amount equal to 60 percent of the

18 costs of operating and maintaining pump stations that

19 pump water into Taylor Slough in Everglades National

20 Park.

21 SEC. 205. WEST PALM BEACH, FLORIDA.

22 The project for flood protection of West Palm Beach,

23 Florida (C–51), authorized by section 203 of the Flood Con24 trol Act of 1962 (Public Law 87–874; 76 Stat. 1183), is

25 modified to provide for the construction of an enlarged
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1 stormwater detention area, Storm Water Treatment Area

2 1 East, generally in accordance with the plan of improve3 ments described in the February 15, 1994, report entitled

4 ‘‘Everglades Protection Project, Palm Beach County, Flor5 ida, Conceptual Design’’, prepared by Burns and McDon6 nell, and as further described in detailed design documents

7 to be approved by the Secretary. The additional work au8 thorized by this section shall be accomplished at full Federal

9 cost in recognition of the water supply benefits accruing

10 to the Loxahatchee National Wildlife Refuge and the Ever11 glades National Park and in recognition of the statement

12 in support of the Everglades restoration effort set forth in

13 the document signed by the Secretary of the Interior and

14 the Secretary in July 1993. Operation and maintenance

15 of the stormwater detention area shall be consistent with

16 regulations prescribed by the Secretary for the Central and

17 Southern Florida project, with all costs of the operation and

18 maintenance work borne by non-Federal interests.

19 SEC. 206. PERIODIC MAINTENANCE DREDGING FOR GREEN20 VILLE INNER HARBOR CHANNEL, MIS21 SISSIPPI.

22 The Greenville Inner Harbor Channel, Mississippi, is

23 deemed to be a portion of the navigable waters of the United

24 States, and shall be included among the navigable waters

25 for which the Army Corps of Engineers maintains a 10-
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1 foot navigable channel. The navigable channel for the

2 Greenville Inner Harbor Channel shall be maintained in

3 a manner that is consistent with the navigable channel to

4 the Greenville Harbor and the portion of the Mississippi

5 River adjacent to the Greenville Harbor that is maintained

6 by the Army Corps of Engineers, as in existence on the date

7 of enactment of this Act.

8 SEC. 207. SARDIS LAKE, MISSISSIPPI.

9 The Secretary shall work cooperatively with the State

10 of Mississippi and the city of Sardis to the maximum extent

11 practicable in the management of existing and proposed

12 leases of land consistent with the master tourism and rec13 reational plan for the economic development of the Sardis

14 Lake area prepared by the city.

15 SEC. 208. LIBBY DAM, MONTANA.

16 (a) IN GENERAL.—In accordance with section

17 103(c)(1) of the Water Resources Development Act of 1986

18 (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.
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1 (b) AUTHORIZATION OF APPROPRIATIONS.—There are

2 authorized to be appropriated to carry out this section

3 $16,000,000, to remain available until expended.

4 SEC. 209. SMALL FLOOD CONTROL PROJECT, MALTA, MON5 TANA.

6 Not later than 1 year after the date of enactment of

7 this Act, the Secretary is authorized to expend such Federal

8 funds as are necessary to complete the small flood control

9 project begun at Malta, Montana, pursuant to section 205

10 of the Flood Control Act of 1948 (33 U.S.C. 701s).

11 SEC. 210. CLIFFWOOD BEACH, NEW JERSEY.

12 (a) IN GENERAL.—Notwithstanding any other provi13 sion of law or the status of the project authorized by section

14 203 of the Flood Control Act of 1962 (Public Law 87–874;

15 76 Stat. 1180) for hurricane-flood protection and beach ero16 sion control on Raritan Bay and Sandy Hook Bay, New

17 Jersey, the Secretary shall undertake a project to provide

18 periodic beach nourishment for Cliffwood Beach, New Jer19 sey, for a 50-year period beginning on the date of execution

20 of a project cooperation agreement by the Secretary and an

21 appropriate non-Federal interest.

22 (b) NON-FEDERAL SHARE.—The non-Federal share of

23 the cost of the project authorized by this section shall be

24 35 percent.
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1 SEC. 211. FIRE ISLAND INLET, NEW YORK.

2 For the purpose of replenishing the beach, the Sec3 retary shall place sand dredged from the Fire Island Inlet

4 on the shoreline between Gilgo State Park and Tobay Beach

5 to protect Ocean Parkway along the Atlantic Ocean shore6 line in Suffolk County, New York.

7 SEC. 212. BUFORD TRENTON IRRIGATION DISTRICT, NORTH

8 DAKOTA AND MONTANA.

9 (a) ACQUISITION OF EASEMENTS.—

10 (1) IN GENERAL.—The Secretary shall acquire,

11 from willing sellers, permanent flowage and satura12 tion easements over—

13 (A) the land in Williams County, North

14 Dakota, extending from the riverward margin of

15 the Buford Trenton Irrigation District main

16 canal to the north bank of the Missouri River,

17 beginning at the Buford Trenton Irrigation District pumping station located in the NE1 18 ⁄4 of sec19 tion 17, T–152–N, R–104–W, and continuing

20 northeasterly downstream to the land referred to

21 as the East Bottom; and

22 (B) any other land outside the boundaries

23 of the Buford Trenton Irrigation District de24 scribed in subparagraph (A) that has been af25 fected by rising ground water and surface flood26 ing.
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1 (2) SCOPE.—The easements acquired by the Sec2 retary under paragraph (1) shall include the right,

3 power, and privilege of the Federal Government to

4 submerge, overflow, percolate, and saturate the surface

5 and subsurface of the lands and such other terms and

6 conditions as the Secretary considers appropriate.

7 (3) PAYMENT.—In acquiring the easements

8 under paragraph (1), the Secretary shall pay an

9 amount based on the unaffected fee value of the lands

10 subject to the easements. For the purpose of this para11 graph, the unaffected fee value of the lands is the

12 value of the lands prior to being affected by rising

13 ground water and surface flooding.

14 (b) CONVEYANCE OF DRAINAGE PUMPS.—Notwith15 standing any other law, the Secretary may—

16 (1) convey to the Buford Trenton Irrigation Dis17 trict all right, title, and interest of the United States

18 in the drainage pumps located within the boundaries

19 of the District; and

20 (2) may provide a lump sum payment of

21 $60,000 for power requirements associated with the

22 operation of the drainage pumps.

23 (c) AUTHORIZATION OF APPROPRIATIONS.—There are

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. 213. WISTER LAKE PROJECT, LEFLORE COUNTY, OKLA2 HOMA.

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 certain

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

8 for other purposes’’, approved June 28, 1938 (52 Stat.

9 1218). Notwithstanding title I of the Water Resources Devel10 opment Act of 1986 (33 U.S.C. 2211 et seq.) or any other

11 provision of law, any increase in water supply yield that

12 results from the pool level of 478 feet shall be treated as

13 unallocated water supply until such time as a user enters

14 into a contract for the supply under such applicable laws

15 concerning cost-sharing as are in effect on the date of the

16 contract.

17 SEC. 214. 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 ac25 cording to the allocations among the purposes of the origi26 nal projects.
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1 SEC. 215. 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 amended

5 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 Narra9 gansett Town Beach in Narragansett, Rhode Island, at a

10 total cost of $1,900,000, with an estimated Federal cost of

11 $1,425,000, and an estimated non-Federal cost of $475,000.

12 The Secretary shall not remove the barge until title to the

13 barge has been transferred to the United States or the non14 Federal interest. The transfer of title shall be carried out

15 at no cost to the United States.’’.

16 SEC. 216. 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 the

20 vicinity of the Francis Street bridge in Providence, Rhode

21 Island, into the navigation project for Providence River and

22 Harbor, Rhode Island, authorized by section 301 of the

23 River and Harbor Act of 1965 (Public Law 89–298; 79

24 Stat. 1089). The channel shall have a depth of up to 10

25 feet and a width of approximately 120 feet and shall be

26 approximately 1.25 miles in length.
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1 SEC. 217. COOPER LAKE AND CHANNELS, TEXAS.

2 (a) ACCEPTANCE OF LANDS.—The Secretary is author3 ized to accept from a non-Federal interest additional lands

4 of not to exceed 300 acres that—

5 (1) are contiguous to the Cooper Lake and Chan6 nels Project, Texas, authorized by section 301 of the

7 River and Harbor Act of 1965 (Public Law 89–298;

8 79 Stat. 1091) and section 601(a) of the Water Re9 sources Development Act of 1986 (Public Law 99–662;

10 100 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 PUR15 POSES.—Upon the acceptance of lands under subsection (a),

16 the Secretary is authorized to redesignate mitigation lands

17 of not to exceed 300 acres to recreation purposes.

18 (c) FUNDING.—The cost of all work under this section,

19 including real estate appraisals, cultural and environ20 mental surveys, and all development necessary to avoid net

21 mitigation losses, to the extent required, shall be borne by

22 the non-Federal interest.

23 SEC. 218. RUDEE INLET, VIRGINIA BEACH, VIRGINIA.

24 Notwithstanding the limitation set forth in section

25 107(b) of the River and Harbor Act of 1960 (33 U.S.C.

26 577(b)), Federal participation in the maintenance of the
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1 Rudee Inlet, Virginia Beach, Virginia, project shall con2 tinue for the life of the project. Nothing in this section shall

3 alter or modify the non-Federal cost sharing responsibility

4 as specified in the Rudee Inlet, Virginia Beach, Virginia

5 Detailed Project Report, dated October 1983.

6 SEC. 219. VIRGINIA BEACH, VIRGINIA.

7 Notwithstanding any other law, the non-Federal share

8 of the costs of the project for beach erosion control and hur9 ricane protection, Virginia Beach, Virginia, authorized by

10 section 501(a) of the Water Resources Development Act of

11 1986 (Public Law 99–662; 100 Stat. 4136), shall be reduced

12 by $3,120,803, or by such amount as is determined by an

13 audit carried out by the Department of the Army to be due

14 to the city of Virginia Beach as reimbursement for beach

15 nourishment activities carried out by the city between Octo16 ber 1, 1986, and September 30, 1993, if the Federal Govern17 ment has not reimbursed the city for the activities prior

18 to the date on which a project cooperation agreement is exe19 cuted for the project.

20 TITLE III—GENERAL

21 PROVISIONS

22 SEC. 301. COST-SHARING FOR ENVIRONMENTAL PROJECTS.

23 Section 103(c) of the Water Resources Development Act

24 of 1986 (33 U.S.C. 2213(c)) is amended—
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1 (1) in paragraph (5), by striking ‘‘and’’ at the

2 end;

3 (2) in paragraph (6), by striking the period at

4 the end and inserting ‘‘; and’’; and

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

6 ‘‘(7) environmental protection and restoration:

7 25 percent.’’.

8 SEC. 302. COLLABORATIVE RESEARCH AND DEVELOPMENT.

9 Section 7 of the Water Resources Development Act of

10 1988 (33 U.S.C. 2313) is amended—

11 (1) by striking subsection (e);

12 (2) by redesignating subsection (d) as subsection

13 (e); and

14 (3) by inserting after subsection (c) the follow15 ing:

16 ‘‘(d) TEMPORARY PROTECTION OF TECHNOLOGY.—

17 ‘‘(1) PRE-AGREEMENT.—If the Secretary deter18 mines that information developed as a result of a re19 search or development activity conducted by the Army

20 Corps of Engineers is likely to be subject to a coopera21 tive research and development agreement within 2

22 years after the development of the information, and

23 that the information would be a trade secret or com24 mercial or financial information that would be privi25 leged or confidential if the information had been ob-
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1 tained from a non-Federal party participating in a

2 cooperative research and development agreement

3 under section 12 of the Stevenson-Wydler Technology

4 Innovation Act of 1980 (15 U.S.C. 3710a), the Sec5 retary may provide appropriate protections against

6 the dissemination of the information, including ex7 emption from subchapter II of chapter 5 of title 5,

8 United States Code, until the earlier of—

9 ‘‘(A) the date on which the Secretary enters

10 into such an agreement with respect to the infor11 mation; or

12 ‘‘(B) the last day of the 2-year period begin13 ning on the date of the determination.

14 ‘‘(2) POST-AGREEMENT.—Any information sub15 ject to paragraph (1) that becomes the subject of a co16 operative research and development agreement shall

17 be subject to the protections provided under section

18 12(c)(7)(B) of the Act (15 U.S.C. 3710a(c)(7)(B)) as

19 if the information had been developed under a cooper20 ative research and development agreement.’’.

21 SEC. 303. NATIONAL INVENTORY OF DAMS.

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

23 amended by striking the second sentence and inserting the

24 following: ‘‘There are authorized to be appropriated to carry

25 out this section $500,000 for each fiscal year.’’.
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1 SEC. 304. HYDROELECTRIC POWER PROJECT UPRATING.

2 (a) IN GENERAL.—In carrying out the maintenance,

3 rehabilitation, and modernization of a hydroelectric power

4 generating facility at a water resources project under the

5 jurisdiction of the Department of the Army, the Secretary

6 is authorized to take such actions as are necessary to in7 crease the efficiency of energy production or the capacity

8 of the facility, or both, if, after consulting with the heads

9 of other appropriate Federal and State agencies, the Sec10 retary determines that the increase—

11 (1) is economically justified and financially fea12 sible;

13 (2) will not result in any significant adverse ef14 fect on the other purposes for which the project is au15 thorized;

16 (3) will not result in significant adverse environ17 mental impacts; and

18 (4) will not involve major structural or oper19 ational changes in the project.

20 (b) EFFECT ON OTHER AUTHORITY.—This section

21 shall not affect the authority of the Secretary and the Ad22 ministrator of the Bonneville Power Administration under

23 section 2406 of the Energy Policy Act of 1992 (16 U.S.C.

24 839d–1).
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1 SEC. 305. FEDERAL LUMP-SUM PAYMENTS FOR FEDERAL

2 OPERATION AND MAINTENANCE COSTS.

3 (a) IN GENERAL.—In the case of a water resources

4 project under the jurisdiction of the Department of the

5 Army for which the non-Federal interests are responsible

6 for performing the operation, maintenance, replacement,

7 and rehabilitation of the project, or a separable element (as

8 defined in section 103(f) of the Water Resources Develop9 ment Act of 1986 (33 U.S.C. 2213(f)) of the project, and

10 for which the Federal Government is responsible for paying

11 a portion of the operation, maintenance, replacement, and

12 rehabilitation costs of the project or separable element, the

13 Secretary may make, in accordance with this section and

14 under terms and conditions acceptable to the Secretary, a

15 payment of the estimated total Federal share of the costs

16 to the non-Federal interests after completion of construction

17 of the project or separable element.

18 (b) AMOUNT OF PAYMENT.—The amount that may be

19 paid by the Secretary under subsection (a) shall be equal

20 to the present value of the Federal payments over the life

21 of the project, as estimated by the Federal Government, and

22 shall be computed using an interest rate determined by the

23 Secretary of the Treasury taking into consideration current

24 market yields on outstanding marketable obligations of the

25 United States with maturities comparable to the remaining

26 life of the project.
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1 (c) AGREEMENT.—The Secretary may make a pay2 ment under this section only if the non-Federal interests

3 have entered into a binding agreement with the Secretary

4 to perform the operation, maintenance, replacement, and

5 rehabilitation of the project or separable element. The agree6 ment shall—

7 (1) meet the requirements of section 221 of the

8 Flood Control Act of 1970 (42 U.S.C. 1962d–5b); and

9 (2) specify—

10 (A) the terms and conditions under which a

11 payment may be made under this section; and

12 (B) the rights of, and remedies available to,

13 the Federal Government to recover all or a por14 tion of a payment made under this section if a

15 non-Federal interest suspends or terminates the

16 performance by the non-Federal interest of the

17 operation, maintenance, replacement, and reha18 bilitation of the project or separable element, or

19 fails to perform the activities in a manner that

20 is satisfactory to the Secretary.

21 (d) EFFECT OF PAYMENT.—Except as provided in sub22 section (c), a payment provided to the non-Federal interests

23 under this section shall relieve the Federal Government of

24 any obligation, after the date of the payment, to pay any
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1 of the operation, maintenance, replacement, or rehabilita2 tion costs for the project or separable element.

3 SEC. 306. COST-SHARING FOR REMOVAL OF EXISTING

4 PROJECT FEATURES.

5 After the date of enactment of this Act, any proposal

6 submitted to Congress by the Secretary for modification of

7 an existing authorized water resources development project

8 (in existence on the date of the proposal) by removal of one

9 or more of the project features that would significantly and

10 adversely impact the authorized project purposes or outputs

11 shall include the recommendation that the non-Federal in12 terests shall provide 50 percent of the cost of any such modi13 fication, including the cost of acquiring any additional in14 terests in lands that become necessary for accomplishing the

15 modification.

16 SEC. 307. TERMINATION OF TECHNICAL ADVISORY COMMIT17 TEE.

18 Section 310 of the Water Resources Development Act

19 of 1990 (33 U.S.C. 2319) is amended—

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

21 (2) in subsection (b)—

22 (A) by striking ‘‘(b) PUBLIC PARTICIPA23 TION.—’’; and

24 (B) by striking ‘‘subsection’’ each place it

25 appears and inserting ‘‘section’’.
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1 SEC. 308. CONDITIONS FOR PROJECT DEAUTHORIZATIONS.

2 (a) IN GENERAL.—Section 1001(b)(2) of the Water Re3 sources Development Act of 1986 (33 U.S.C. 579a(b)(2)) is

4 amended—

5 (1) in the first sentence, by striking ‘‘10’’ and

6 inserting ‘‘5’’;

7 (2) in the second sentence, by striking ‘‘Before’’

8 and inserting ‘‘Upon official’’; and

9 (3) in the last sentence, by inserting ‘‘the plan10 ning, design, or’’ before ‘‘construction’’.

11 (b) CONFORMING AMENDMENTS.—Section 52 of the

12 Water Resources Development Act of 1988 (Public Law

13 100–676; 102 Stat. 4044) is amended—

14 (1) by striking subsection (a) (33 U.S.C. 579a

15 note);

16 (2) by redesignating subsections (b) through (e)

17 as subsections (a) through (d), respectively; and

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

19 striking ‘‘or subsection (a) of this section’’.

20 SEC. 309. PARTICIPATION IN INTERNATIONAL ENGINEER21 ING AND SCIENTIFIC CONFERENCES.

22 Section 211 of the Flood Control Act of 1950 (33

23 U.S.C. 701u) is repealed.
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1 SEC. 310. RESEARCH AND DEVELOPMENT IN SUPPORT OF

2 ARMY CIVIL WORKS PROGRAM.

3 (a) IN GENERAL.—In carrying out research and devel4 opment in support of the civil works program of the Depart5 ment of the Army, the Secretary may utilize contracts, co6 operative research and development agreements, and cooper7 ative agreements with, and grants to, non-Federal entities,

8 including State and local governments, colleges and univer9 sities, consortia, professional and technical societies, public

10 and private scientific and technical foundations, research

11 institutions, educational organizations, and nonprofit orga12 nizations.

13 (b) COMMERCIAL APPLICATION.—In the case of a con14 tract for research or development, or both, the Secretary

15 may—

16 (1) require that the research or development, or

17 both, have potential commercial application; and

18 (2) use the potential for commercial application

19 as an evaluation factor, if appropriate.

20 SEC. 311. INTERAGENCY AND INTERNATIONAL SUPPORT

21 AUTHORITY.

22 (a) IN GENERAL.—The Secretary may engage in ac23 tivities in support of other Federal agencies or inter24 national organizations to address problems of national sig25 nificance to the United States. The Secretary may engage

26 in activities in support of international organizations only
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1 after consulting with the Secretary of State. The Secretary

2 may use the technical and managerial expertise of the Army

3 Corps of Engineers to address domestic and international

4 problems related to water resources, infrastructure develop5 ment, and environmental protection.

6 (b) FUNDING.—There are authorized to be appro7 priated $1,000,000 to carry out this section. The Secretary

8 may accept and expend additional funds from other Federal

9 agencies or international organizations to carry this sec10 tion.

11 SEC. 312. SECTION 1135 PROGRAM.

12 (a) EXPANSION OF PROGRAM.—Section 1135 of the

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

14 2309a) is amended—

15 (1) in subsection (a), by inserting before the pe16 riod at the end the following: ‘‘and to determine if the

17 operation of the projects has contributed to the deg18 radation of the quality of the environment’’;

19 (2) in subsection (b), by striking the last two

20 sentences;

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

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

23 (4) by inserting after subsection (b) the follow24 ing:
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1 ‘‘(c) MEASURES TO RESTORE ENVIRONMENTAL QUAL2 ITY.—If the Secretary determines under subsection (a) that

3 operation of a water resources project has contributed to

4 the degradation of the quality of the environment, the Sec5 retary may carry out, with respect to the project, measures

6 for the restoration of environmental quality, if the measures

7 are feasible and consistent with the authorized purposes of

8 the project.

9 ‘‘(d) FUNDING.—The non-Federal share of the cost of

10 any modification or measure carried out pursuant to sub11 section (b) or (c) shall be 25 percent. Not more than

12 $5,000,000 in Federal funds may be expended on any 1

13 such modification or measure.’’.

14 (b) PINE FLAT DAM FISH AND WILDLIFE HABITAT

15 RESTORATION, CALIFORNIA.—In accordance with section

16 1135(b) of the Water Resources Development Act of 1986

17 (33 U.S.C. 2309a(b)), the Secretary shall carry out the con18 struction of a turbine bypass at Pine Flat Dam, Kings

19 River, California.

20 (c) LOWER AMAZON CREEK RESTORATION, OR21 EGON.—In accordance with section 1135 of the Water Re22 sources Development Act of 1986 (33 U.S.C. 2309a), the

23 Secretary may carry out justified environmental restora24 tion measures with respect to the flood reduction measures

25 constructed by the Army Corps of Engineers, and the relat-
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1 ed flood reduction measures constructed by the Natural Re2 sources Conservation Service, in the Amazon Creek drain3 age. The Federal share of the restoration measures shall be

4 jointly funded by the Army Corps of Engineers and the Nat5 ural Resources Conservation Service in proportion to the

6 share required to be paid by each agency of the original

7 costs of the flood reduction measures.

8 SEC. 313. ENVIRONMENTAL DREDGING.

9 Section 312 of the Water Resources Development Act

10 of 1990 (Public Law 101–640; 33 U.S.C. 1252 note) is

11 amended by striking subsection (f).

12 SEC. 314. FEASIBILITY STUDIES.

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

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

15 2215(a)(1)) is amended—

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

17 period of such study’’;

18 (2) by inserting after the first sentence the fol19 lowing: ‘‘During the period of the study, the non-Fed20 eral share of the cost of the study shall be not more

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

22 as contained in the feasibility cost sharing agreement.

23 The cost estimate may be amended only by mutual

24 agreement of the Secretary and the non-Federal inter25 ests. The non-Federal share of any costs in excess of
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1 the cost estimate shall, except as otherwise mutually

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

3 be payable after the project has been authorized for

4 construction and on the date on which the Secretary

5 and non-Federal interests enter into an agreement

6 pursuant to section 101(e) or 103(j).’’; and

7 (3) in the last sentence, by striking ‘‘such non8 Federal contribution’’ and inserting ‘‘the non-Federal

9 share required under this paragraph’’.

10 (b) APPLICABILITY.—The amendments made by sub11 section (a) shall apply notwithstanding any feasibility cost

12 sharing agreement entered into by the Secretary and non13 Federal interests, and the Secretary shall amend any fea14 sibility cost sharing agreements in effect on the date of en15 actment of this Act so as to conform the agreements with

16 the amendments. Nothing in this section or any amendment

17 made by this section shall require the Secretary to reim18 burse the non-Federal interests for funds previously contrib19 uted for a study.

20 SEC. 315. OBSTRUCTION REMOVAL REQUIREMENT.

21 (a) PENALTY.—Section 16 of the Act entitled ‘‘An Act

22 making appropriations for the construction, repair, and

23 preservation of certain public works on rivers and harbors,

24 and for other purposes’’, approved March 3, 1899 (33

25 U.S.C. 411), is amended—
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1 (1) by striking ‘‘sections thirteen, fourteen, and

2 fifteen’’ and inserting ‘‘section 13, 14, 15, 19, or 20’’;

3 and

4 (2) by striking ‘‘not exceeding twenty-five hun5 dred dollars nor less than five hundred dollars’’ and

6 inserting ‘‘of not more than $25,000 for each day that

7 the violation continues’’.

8 (b) GENERAL AUTHORITY.—Section 20 of the Act (33

9 U.S.C. 415) is amended—

10 (1) in subsection (a)—

11 (A) by striking ‘‘Under emergency’’ and in12 serting ‘‘SUMMARY REMOVAL PROCEDURES.—

13 Under emergency’’; and

14 (B) by striking ‘‘expense’’ the first place it

15 appears and inserting ‘‘actual expense, including

16 administrative expenses,’’;

17 (2) in subsection (b)—

18 (A) by striking ‘‘cost’’ and inserting ‘‘actual

19 cost, including administrative costs,’’; and

20 (B) by striking ‘‘(b) The’’ and inserting ‘‘(c)

21 LIABILITY OF OWNER, LESSEE, OR OPERA22 TOR.—The’’; and

23 (3) by inserting after subsection (a) the follow24 ing:
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1 ‘‘(b) REMOVAL REQUIREMENT.—Not later than 24

2 hours after the Secretary of the Department in which the

3 Coast Guard is operating issues an order to stop or delay

4 navigation in any navigable waters of the United States

5 because of conditions related to the sinking or grounding

6 of a vessel, the owner or operator of the vessel, with the ap7 proval of the Secretary of the Army, shall begin removal

8 of the vessel using the most expeditious removal method

9 available or, if appropriate, secure the vessel pending re10 moval to allow navigation to resume. If the owner or opera11 tor fails to begin removal or to secure the vessel pending

12 removal in accordance with the preceding sentence or fails

13 to complete removal as soon as possible, the Secretary of

14 the Army shall remove or destroy the vessel using the sum15 mary removal procedures under subsection (a).’’.

16 SEC. 316. LEVEE OWNERS MANUAL.

17 Section 5 of the Act entitled ‘‘An Act authorizing the

18 construction of certain public works on rivers and harbors

19 for flood control, and for other purposes’’, approved August

20 18, 1941 (33 U.S.C. 701n), is amended by adding at the

21 end the following:

22 ‘‘(c) LEVEE OWNERS MANUAL.—

23 ‘‘(1) IN GENERAL.—Not later than 1 year after

24 the date of enactment of this subsection, in accordance

25 with chapter 5 of title 5, United States Code, the Sec-
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1 retary shall prepare a manual describing the mainte2 nance and upkeep responsibilities that the Army

3 Corps of Engineers requires of a non-Federal interest

4 in order for the non-Federal interest to receive Fed5 eral assistance under this section. The Secretary shall

6 provide a copy of the manual at no cost to each non7 Federal interest that is eligible to receive Federal as8 sistance under this section.

9 ‘‘(2) PROHIBITION ON DELEGATION.—The prepa10 ration of the manual shall be carried out under the

11 personal direction of the Secretary.

12 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—

13 There are authorized to be appropriated $1,000,000 to

14 carry out this subsection.

15 ‘‘(4) DEFINITIONS.—In this subsection:

16 ‘‘(A) MAINTENANCE AND UPKEEP.—The

17 term ‘maintenance and upkeep’ means all main18 tenance and general upkeep of a levee performed

19 on a regular and consistent basis that is not re20 pair and rehabilitation.

21 ‘‘(B) REPAIR AND REHABILITATION.—The

22 term ‘repair and rehabilitation’—

23 ‘‘(i) except as provided in clause (ii),

24 means the repair or rebuilding of a levee or

25 other flood control structure, after the struc-
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1 ture has been damaged by a flood, to the

2 level of protection provided by the structure

3 before the flood; and

4 ‘‘(ii) does not include—

5 ‘‘(I) any improvement to the

6 structure; or

7 ‘‘(II) repair or rebuilding de8 scribed in clause (i) if, in the normal

9 course of usage, the structure becomes

10 structurally unsound and is no longer

11 fit to provide the level of protection for

12 which the structure was designed.

13 ‘‘(C) SECRETARY.—The term ‘Secretary’

14 means the Secretary of the Army.’’.

15 SEC. 317. RISK-BASED ANALYSIS METHODOLOGY.

16 (a) IN GENERAL.—Not later than 1 year after the date

17 of enactment of this Act, the Secretary shall obtain the serv18 ices of an independent consultant to evaluate—

19 (1) the relationship between—

20 (A) the Risk-Based Analysis for Evaluation

21 of Hydrology/Hydraulics and Economics in

22 Flood Damage Reduction Studies established in

23 an Army Corps of Engineers engineering cir24 cular; and
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1 (B) minimum engineering and safety

2 standards;

3 (2) the validity of results generated by the stud4 ies described in paragraph (1); and

5 (3) policy impacts related to change in the stud6 ies described in paragraph (1).

7 (b) TASK FORCE.—

8 (1) IN GENERAL.—In carrying out the independ9 ent evaluation under subsection (a), the Secretary,

10 not later than 90 days after the date of enactment of

11 this Act, shall establish a task force to oversee and re12 view the analysis.

13 (2) MEMBERSHIP.—The task force shall consist

14 of—

15 (A) the Assistant Secretary of the Army

16 having responsibility for civil works, who shall

17 serve as chairperson of the task force;

18 (B) the Administrator of the Federal Emer19 gency Management Agency;

20 (C) the Chief of the Natural Resources Con21 servation Service of the Department of Agri22 culture;

23 (D) a State representative appointed by the

24 Secretary from among individuals recommended

25 by the Association of State Floodplain Managers;
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1 (E) a local government public works official

2 appointed by the Secretary from among individ3 uals recommended by a national organization

4 representing public works officials; and

5 (F) an individual from the private sector,

6 who shall be appointed by the Secretary.

7 (3) COMPENSATION.—

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

9 subparagraph (B), a member of the task force

10 shall serve without compensation.

11 (B) EXPENSES.—Each member of the task

12 force shall be allowed—

13 (i) travel expenses, including per diem

14 in lieu of subsistence, at rates authorized for

15 employees of agencies under subchapter I of

16 chapter 57 of title 5, United States Code,

17 while away from the home or regular place

18 of business of the member in the perform19 ance of services for the task force; and

20 (ii) other expenses incurred in the per21 formance of services for the task force, as de22 termined by the Secretary.

23 (4) TERMINATION.—The task force shall termi24 nate 2 years after the date of enactment of this Act.
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1 (c) LIMITATION ON USE OF METHODOLOGY.—During

2 the period beginning on the date of enactment of this Act

3 and ending 2 years after that date, if requested by a non4 Federal interest, the Secretary shall refrain from using any

5 risk-based technique required under the studies described in

6 subsection (a) for the evaluation and design of a project

7 carried out in cooperation with the non-Federal interest un8 less the Secretary, in consultation with the task force, has

9 provided direction for use of the technique after consider10 ation of the independent evaluation required under sub11 section (a).

12 (d) AUTHORIZATION OF APPROPRIATIONS.—There are

13 authorized to be appropriated $500,000 to carry out this

14 section.

15 SEC. 318. SEDIMENTS DECONTAMINATION TECHNOLOGY.

16 Section 405 of the Water Resources Development Act

17 of 1992 (Public Law 102–580; 33 U.S.C. 2239 note) is

18 amended—

19 (1) in subsection (a)—

20 (A) in paragraph (2), by adding at the end

21 the following: ‘‘The goal of the program shall be

22 to make possible the development, on an oper23 ational scale, of 1 or more sediment decon24 tamination technologies, each of which dem-
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1 onstrates a sediment decontamination capacity

2 of at least 2,500 cubic yards per day.’’; and

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

4 ‘‘(3) REPORT TO CONGRESS.—Not later than

5 September 30, 1996, and September 30 of each year

6 thereafter, the Administrator and the Secretary shall

7 report to Congress on progress made toward the goal

8 described in paragraph (2).’’; and

9 (2) in subsection (c)—

10 (A) by striking ‘‘$5,000,000’’ and inserting

11 ‘‘$10,000,000’’; and

12 (B) by striking ‘‘1992’’ and inserting

13 ‘‘1996’’.

14 SEC. 319. MELALEUCA TREE.

15 Section 104(a) of the River and Harbor Act of 1958

16 (33 U.S.C. 610(a)) is amended by inserting ‘‘melaleuca

17 tree,’’ after ‘‘milfoil,’’.

18 SEC. 320. FAULKNER ISLAND, CONNECTICUT.

19 In consultation with the Director of the United States

20 Fish and Wildlife Service, the Secretary shall design and

21 construct shoreline protection measures for the coastline ad22 jacent to the Faulkner Island Lighthouse, Connecticut, at

23 a total cost of $4,500,000.
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1 SEC. 321. DESIGNATION OF LOCK AND DAM AT THE RED

2 RIVER WATERWAY, LOUISIANA.

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

4 Red River Waterway, Louisiana, is designated as the ‘‘Rus5 sell B. Long Lock and Dam’’.

6 (b) LEGAL REFERENCES.—A reference in any law,

7 regulation, document, map, record, or other paper of the

8 United States to the lock and dam referred to in subsection

9 (a) shall be deemed to be a reference to the ‘‘Russell B. Long

10 Lock and Dam’’.

11 SEC. 322. JURISDICTION OF MISSISSIPPI RIVER COMMIS12 SION, LOUISIANA.

13 The jurisdiction of the Mississippi River Commission

14 established by the Act of June 28, 1879 (21 Stat. 37, chapter

15 43; 33 U.S.C. 641 et seq.), is extended to include all of the

16 area between the eastern side of the Bayou Lafourche Ridge

17 from Donaldsonville, Louisiana, to the Gulf of Mexico and

18 the west guide levee of the Mississippi River from

19 Donaldsonville, Louisiana, to the Gulf of Mexico.

20 SEC. 323. WILLIAM JENNINGS RANDOLPH ACCESS ROAD,

21 GARRETT COUNTY, MARYLAND.

22 The Secretary shall transfer up to $600,000 from the

23 funds appropriated for the William Jennings Randolph

24 Lake, Maryland and West Virginia, project to the State of

25 Maryland for use by the State in constructing an access
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1 road to the William Jennings Randolph Lake in Garrett

2 County, Maryland.

3 SEC. 324. ARKABUTLA DAM AND LAKE, MISSISSIPPI.

4 The Secretary shall repair the access roads to

5 Arkabutla Dam and Arkabutla Lake in Tate County and

6 DeSoto County, Mississippi, at a total cost of not to exceed

7 $1,400,000.

8 SEC. 325. NEW YORK STATE CANAL SYSTEM.

9 (a) IN GENERAL.—In order to make capital improve10 ments to the New York State canal system, the Secretary,

11 with the consent of appropriate local and State entities,

12 shall enter into such arrangements, contracts, and leases

13 with public and private entities as may be necessary for

14 the purposes of rehabilitation, renovation, preservation, and

15 maintenance of the New York State canal system and relat16 ed facilities, including trailside facilities and other rec17 reational projects along the waterways referred to in sub18 section (c).

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

20 of capital improvements under this section shall be 50 per21 cent. The total cost is $14,000,000, with an estimated Fed22 eral cost of $7,000,000 and an estimated non-Federal cost

23 of $7,000,000.

24 (c) DEFINITION OF NEW YORK STATE CANAL SYS25 TEM.—In this section, the term ‘‘New York State canal sys-
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1 tem’’ means the Erie, Oswego, Champlain, and Cayuga2 Seneca Canals in New York.

3 SEC. 326. QUONSET POINT-DAVISVILLE, RHODE ISLAND.

4 The Secretary shall replace the bulkhead between piers

5 1 and 2 at the Quonset Point-Davisville Industrial Park,

6 Rhode Island, at a total cost of $1,350,000. The estimated

7 Federal share of the project cost is $1,012,500, and the esti8 mated non-Federal share of the project cost is $337,500. In

9 conjunction with this project, the Secretary shall install

10 high mast lighting at pier 2 at a total cost of $300,000,

11 with an estimated Federal cost of $225,000 and an esti12 mated non-Federal cost of $75,000.

13 SEC. 327. CLOUTER CREEK DISPOSAL AREA, CHARLESTON,

14 SOUTH CAROLINA.

15 (a) TRANSFER OF ADMINISTRATIVE JURISDICTION.—

16 Notwithstanding any other law, the Secretary of the Navy

17 shall transfer to the Secretary administrative jurisdiction

18 over the approximately 1,400 acres of land under the juris19 diction of the Department of the Navy that comprise a por20 tion of the Clouter Creek disposal area, Charleston, South

21 Carolina.

22 (b) USE OF TRANSFERRED LAND.—The land trans23 ferred under subsection (a) shall be used by the Department

24 of the Army as a dredge material disposal area for dredging
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1 activities in the vicinity of Charleston, South Carolina, in2 cluding the Charleston Harbor navigation project.

3 (c) COST SHARING.—Nothing in this section modifies

4 any non-Federal cost-sharing requirement established under

5 title I of the Water Resources Development Act of 1986 (33

6 U.S.C. 2211 et seq.).

7 SEC. 328. NUISANCE AQUATIC VEGETATION IN LAKE GAS8 TON, VIRGINIA AND NORTH CAROLINA.

9 Section 339(b) of the Water Resources Development Act

10 of 1992 (Public Law 102–580; 106 Stat. 4855) is amended

11 by striking ‘‘1993 and 1994’’ and inserting ‘‘1995 and

12 1996’’.

13 SEC. 329. CAPITAL IMPROVEMENTS FOR THE WASHINGTON

14 AQUEDUCT.

15 (a) AUTHORIZATIONS.—

16 (1) AUTHORIZATION OF MODERNIZATION.—Sub17 ject to approval in, and in such amounts as may be

18 provided in appropriations Acts, the Chief of Engi19 neers of the Army Corps of Engineers is authorized

20 to modernize the Washington Aqueduct.

21 (2) AUTHORIZATION OF APPROPRIATIONS.—

22 There is authorized to be appropriated to the Army

23 Corps of Engineers borrowing authority in amounts

24 sufficient to cover the full costs of modernizing the

25 Washington Aqueduct. The borrowing authority shall
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1 be provided by the Secretary of the Treasury, under

2 such terms and conditions as are established by the

3 Secretary of the Treasury, after a series of contracts

4 with each public water supply customer has been en5 tered into under subsection (b).

6 (b) CONTRACTS WITH PUBLIC WATER SUPPLY CUS7 TOMERS.—

8 (1) CONTRACTS TO REPAY CORPS DEBT.—To the

9 extent provided in appropriations Acts, and in ac10 cordance with paragraphs (2) and (3), the Chief of

11 Engineers of the Army Corps of Engineers is author12 ized to enter into a series of contracts with each pub13 lic water supply customer under which the customer

14 commits to repay a pro-rata share of the principal

15 and interest owed by the Army Corps of Engineers to

16 the Secretary of the Treasury under subsection (a).

17 Under each of the contracts, the customer that enters

18 into the contract shall commit to pay any additional

19 amount necessary to fully offset the risk of default on

20 the contract.

21 (2) OFFSETTING OF RISK OF DEFAULT.—Each

22 contract under paragraph (1) shall include such addi23 tional terms and conditions as the Secretary of the

24 Treasury may require so that the value to the Govern25 ment of the contracts is estimated to be equal to the
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1 obligational authority used by the Army Corps of En2 gineers for modernizing the Washington Aqueduct at

3 the time that each series of contracts is entered into.

4 (3) OTHER CONDITIONS.—Each contract entered

5 into under paragraph (1) shall—

6 (A) provide that the public water supply

7 customer pledges future income from fees assessed

8 to operate and maintain the Washington Aque9 duct;

10 (B) provide the United States priority over

11 all other creditors; and

12 (C) include other conditions that the Sec13 retary of the Treasury determines to be appro14 priate.

15 (c) BORROWING AUTHORITY.—Subject to an appro16 priation under subsection (a)(2) and after entering into a

17 series of contracts under subsection (b), the Secretary, act18 ing through the Chief of Engineers of the Army Corps of

19 Engineers, shall seek borrowing authority from the Sec20 retary of the Treasury under subsection (a)(2).

21 (d) DEFINITIONS.—In this section:

22 (1) PUBLIC WATER SUPPLY CUSTOMER.—The

23 term ‘‘public water supply customer’’ means the Dis24 trict of Columbia, the county of Arlington, Virginia,

25 and the city of Falls Church, Virginia.
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1 (2) VALUE TO THE GOVERNMENT.—The term

2 ‘‘value to the Government’’ means the net present

3 value of a contract under subsection (b) calculated

4 under the rules set forth in subparagraphs (A) and

5 (B) of section 502(5) of the Congressional Budget Act

6 of 1974 (2 U.S.C. 661a(5)), excluding section

7 502(5)(B)(i) of the Act, as though the contracts pro8 vided for the repayment of direct loans to the public

9 water supply customers.

10 (3) WASHINGTON AQUEDUCT.—The term ‘‘Wash11 ington Aqueduct’’ means the water supply system of

12 treatment plans, raw water intakes, conduits, res13 ervoirs, transmission mains, and pumping stations

14 owned by the Federal Government located in the met15 ropolitan Washington, District of Columbia, area.

16 SEC. 330. CHESAPEAKE BAY ENVIRONMENTAL RESTORA17 TION AND PROTECTION PROGRAM.

18 (a) ESTABLISHMENT.—

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

20 a pilot program to provide environmental assistance

21 to non-Federal interests in the Chesapeake Bay water22 shed.

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

24 of design and construction assistance for water-related

25 environmental infrastructure and resource protection
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1 and development projects affecting the Chesapeake

2 Bay estuary, including projects for sediment and ero3 sion control, protection of eroding shorelines, protec4 tion of essential public works, wastewater treatment

5 and related facilities, water supply and related facili6 ties, and beneficial uses of dredged material, and

7 other related projects that may enhance the living re8 sources of the estuary.

9 (b) PUBLIC OWNERSHIP REQUIREMENT.—The Sec10 retary may provide assistance for a project under this sec11 tion only if the project is publicly owned, and will be pub12 licly operated and maintained.

13 (c) LOCAL COOPERATION AGREEMENT.—

14 (1) IN GENERAL.—Before providing assistance

15 under this section, the Secretary shall enter into a

16 local cooperation agreement with a non-Federal inter17 est to provide for design and construction of the

18 project to be carried out with the assistance.

19 (2) REQUIREMENTS.—Each local cooperation

20 agreement entered into under this subsection shall

21 provide for—

22 (A) the development by the Secretary, in

23 consultation with appropriate Federal, State,

24 and local officials, of a facilities or resource pro25 tection and development plan, including appro-
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1 priate engineering plans and specifications and

2 an estimate of expected resource benefits; and

3 (B) the establishment of such legal and in4 stitutional structures as are necessary to ensure

5 the effective long-term operation and mainte6 nance of the project by the non-Federal interest.

7 (d) COST SHARING.—

8 (1) FEDERAL SHARE.—Except as provided in

9 paragraph (2)(B), the Federal share of the total

10 project costs of each local cooperation agreement en11 tered into under this section shall be 75 percent.

12 (2) NON-FEDERAL SHARE.—

13 (A) VALUE OF LANDS, EASEMENTS, RIGHTS14 OF-WAY, AND RELOCATIONS.—In determining the

15 non-Federal contribution toward carrying out a

16 local cooperation agreement entered into under

17 this section, the Secretary shall provide credit to

18 a non-Federal interest for the value of lands,

19 easements, rights-of-way, and relocations pro20 vided by the non-Federal interest, except that the

21 amount of credit provided for a project under

22 this paragraph may not exceed 25 percent of the

23 total project costs.

24 (B) OPERATION AND MAINTENANCE

25 COSTS.—The non-Federal share of the costs of
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1 operation and maintenance of carrying out the

2 agreement under this section shall be 100 per3 cent.

4 (e) APPLICABILITY OF OTHER FEDERAL AND STATE

5 LAWS AND AGREEMENTS.—

6 (1) IN GENERAL.—Nothing in this section

7 waives, limits, or otherwise affects the applicability of

8 any provision of Federal or State law that would oth9 erwise apply to a project carried out with assistance

10 provided under this section.

11 (2) COOPERATION.—In carrying out this section,

12 the Secretary shall cooperate fully with the heads of

13 appropriate Federal agencies, including—

14 (A) the Administrator of the Environmental

15 Protection Agency;

16 (B) the Secretary of Commerce, acting

17 through the Administrator of the National Oce18 anic and Atmospheric Administration;

19 (C) the Secretary of the Interior, acting

20 through the Director of the United States Fish

21 and Wildlife Service; and

22 (D) the heads of such other Federal agencies

23 and agencies of a State or political subdivision

24 of a State as the Secretary determines to be ap25 propriate.
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1 (f) DEMONSTRATION PROJECT.—The Secretary shall

2 establish at least 1 project under this section in each of the

3 States of Maryland, Virginia, and Pennsylvania. A project

4 established under this section shall be carried out using such

5 measures as are necessary to protect environmental, his6 toric, and cultural resources.

7 (g) REPORT.—Not later than December 31, 1998, the

8 Secretary shall transmit to Congress a report on the results

9 of the program carried out under this section, together with

10 a recommendation concerning whether or not the program

11 should be implemented on a national basis.

12 (h) AUTHORIZATION OF APPROPRIATIONS.—There are

13 authorized to be appropriated to carry out this section

14 $10,000,000, to remain available until expended.

15 SEC. 331. RESEARCH AND DEVELOPMENT PROGRAM TO IM16 PROVE SALMON SURVIVAL.

17 (a) SALMON SURVIVAL ACTIVITIES.—

18 (1) IN GENERAL.—The Secretary shall accelerate

19 ongoing research and development activities, and is

20 authorized to carry out or participate in additional

21 research and development activities, for the purpose of

22 developing innovative methods and technologies for

23 improving the survival of salmon, especially salmon

24 in the Columbia River Basin.
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1 (2) ACCELERATED ACTIVITIES.—Accelerated re2 search and development activities referred to in para3 graph (1) may include research and development re4 lated to—

5 (A) impacts from water resources projects

6 and other impacts on salmon life cycles;

7 (B) juvenile and adult salmon passage;

8 (C) light and sound guidance systems;

9 (D) surface-oriented collector systems;

10 (E) transportation mechanisms; and

11 (F) dissolved gas monitoring and abate12 ment.

13 (3) ADDITIONAL ACTIVITIES.—Additional re14 search and development activities referred to in para15 graph (1) may include research and development re16 lated to—

17 (A) marine mammal predation on salmon;

18 (B) studies of juvenile salmon survival in

19 spawning and rearing areas;

20 (C) estuary and near-ocean juvenile and

21 adult salmon survival;

22 (D) impacts on salmon life cycles from

23 sources other than water resources projects; and
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1 (E) other innovative technologies and ac2 tions intended to improve fish survival, includ3 ing the survival of resident fish.

4 (4) COORDINATION.—The Secretary shall coordi5 nate any activities carried out under this subsection

6 with appropriate Federal, State, and local agencies,

7 affected Indian tribes, and the Northwest Power Plan8 ning Council.

9 (5) REPORT.—Not later than 3 years after the

10 date of enactment of this Act, the Secretary shall

11 transmit to Congress a report on the research and de12 velopment activities carried out under this subsection,

13 including any recommendations of the Secretary con14 cerning the research and development activities.

15 (6) AUTHORIZATION OF APPROPRIATIONS.—

16 There are authorized to be appropriated $10,000,000

17 to carry out research and development activities

18 under subparagraphs (A) through (C) of paragraph

19 (3).

20 (b) ADVANCED TURBINE DEVELOPMENT.—

21 (1) IN GENERAL.—In conjunction with the Sec22 retary of Energy, the Secretary shall accelerate efforts

23 toward developing innovative, efficient, and environ24 mentally safe hydropower turbines, including design
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1 of ‘‘fish-friendly’’ turbines, for use on the Columbia

2 River hydro system.

3 (2) AUTHORIZATION OF APPROPRIATIONS.—

4 There are authorized to be appropriated $12,000,000

5 to carry out this subsection.

6 (c) IMPLEMENTATION.—Nothing in this section affects

7 the authority of the Secretary to implement the results of

8 the research and development carried out under this section

9 or any other law.

10 SEC. 332. RECREATIONAL USER FEES.

11 (a) IN GENERAL.—Section 210(b)(4) of the Flood Con12 trol Act of 1968 (16 U.S.C. 460d–3(b)(4)) is amended by

13 inserting before the period at the end the following: ‘‘and,

14 subject to the availability of appropriations, shall be used

15 for the purposes specified in section 4(i)(3) of the Act at

16 the water resources development project at which the fees

17 were collected’’.

18 (b) REPORT.—Not later than 90 days after the date

19 of enactment of this Act, the Secretary shall prepare and

20 submit to the Committee on Environment and Public Works

21 of the Senate and the Committee on Transportation and

22 Infrastructure of the House of Representatives a report,

23 with respect to fiscal year 1995, on—

24 (1) the amount of day-use fees collected under

25 section 210(b) of the Flood Control Act of 1968 (16
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1 U.S.C. 460d–3(b)) at each water resources develop2 ment project; and

3 (2) the administrative costs associated with the

4 collection of the day-use fees at each water resources

5 development project.

6 SEC. 333. SHORELINE EROSION CONTROL DEMONSTRA7 TION.

8 (a) NATIONAL SHORELINE EROSION CONTROL DEVEL9 OPMENT AND DEMONSTRATION PROGRAM.—The Act of Au10 gust 13, 1946 (60 Stat. 1056, chapter 960; 33 U.S.C. 426e

11 et seq.), is amended by adding at the end the following:

12 ‘‘SEC. 5. NATIONAL SHORELINE EROSION CONTROL DEVEL13 OPMENT AND DEMONSTRATION PROGRAM.

14 ‘‘(a) DEFINITIONS.—In this section:

15 ‘‘(1) EROSION CONTROL PROGRAM.—The term

16 ‘erosion control program’ means the national shore17 line erosion control development and demonstration

18 program established under this section.

19 ‘‘(2) SECRETARY.—The term ‘Secretary’ means

20 the Secretary of the Army, acting through the Chief

21 of Engineers of the Army Corps of Engineers.

22 ‘‘(b) ESTABLISHMENT OF EROSION CONTROL PRO23 GRAM.—The Secretary shall establish and conduct a na24 tional shoreline erosion control development and demonstra-
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1 tion program for a period of 8 years beginning on the date

2 that funds are made available to carry out this section.

3 ‘‘(c) REQUIREMENTS.—

4 ‘‘(1) IN GENERAL.—The erosion control program

5 shall include provisions for—

6 ‘‘(A) demonstration projects consisting of

7 planning, designing, and constructing prototype

8 engineered and vegetative shoreline erosion con9 trol devices and methods during the first 5 years

10 of the erosion control program;

11 ‘‘(B) adequate monitoring of the prototypes

12 throughout the duration of the erosion control

13 program;

14 ‘‘(C) detailed engineering and environ15 mental reports on the results of each demonstra16 tion project carried out under the erosion control

17 program; and

18 ‘‘(D) technology transfers to private prop19 erty owners and State and local entities.

20 ‘‘(2) EMPHASIS.—The demonstration projects

21 carried out under the erosion control program shall

22 emphasize, to the extent practicable—

23 ‘‘(A) the development and demonstration of

24 innovative technologies;
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1 ‘‘(B) efficient designs to prevent erosion at

2 a shoreline site, taking into account the life-cycle

3 cost of the design, including cleanup, mainte4 nance, and amortization;

5 ‘‘(C) natural designs, including the use of

6 vegetation or temporary structures that mini7 mize permanent structural alterations;

8 ‘‘(D) the avoidance of negative impacts to

9 adjacent shorefront communities;

10 ‘‘(E) in areas with substantial residential

11 or commercial interests adjacent to the shoreline,

12 designs that do not impair the aesthetic appeal

13 of the interests;

14 ‘‘(F) the potential for long-term protection

15 afforded by the technology; and

16 ‘‘(G) recommendations developed from eval17 uations of the original 1974 program established

18 under the Shoreline Erosion Control Demonstra19 tion Act of 1974 (section 54 of Public Law 93–

20 251; 42 U.S.C. 1962d–5 note), including—

21 ‘‘(i) adequate consideration of the

22 subgrade;

23 ‘‘(ii) proper filtration;

24 ‘‘(iii) durable components;
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1 ‘‘(iv) adequate connection between

2 units; and

3 ‘‘(v) consideration of additional rel4 evant information.

5 ‘‘(3) SITES.—

6 ‘‘(A) IN GENERAL.—Each demonstration

7 project under the erosion control program shall

8 be carried out at a privately owned site with

9 substantial public access, or a publicly owned

10 site, on open coast or on tidal waters.

11 ‘‘(B) SELECTION.—The Secretary shall de12 velop criteria for the selection of sites for the

13 demonstration projects, including—

14 ‘‘(i) a variety of geographical and cli15 matic conditions;

16 ‘‘(ii) the size of the population that is

17 dependent on the beaches for recreation,

18 protection of homes, or commercial interests;

19 ‘‘(iii) the rate of erosion;

20 ‘‘(iv) significant natural resources or

21 habitats and environmentally sensitive

22 areas; and

23 ‘‘(v) significant threatened historic

24 structures or landmarks.
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1 ‘‘(C) AREAS.—Demonstration projects

2 under the erosion control program shall be car3 ried out at not fewer than 2 sites on each of the

4 shorelines of—

5 ‘‘(i) the Atlantic, Gulf, and Pacific

6 coasts;

7 ‘‘(ii) the Great Lakes; and

8 ‘‘(iii) the State of Alaska.

9 ‘‘(d) COOPERATION.—

10 ‘‘(1) PARTIES.—The Secretary shall carry out

11 the erosion control program in cooperation with—

12 ‘‘(A) the Secretary of Agriculture, particu13 larly with respect to vegetative means of prevent14 ing and controlling shoreline erosion;

15 ‘‘(B) Federal, State, and local agencies;

16 ‘‘(C) private organizations;

17 ‘‘(D) the Coastal Engineering Research Cen18 ter established under the first section of Public

19 Law 88–172 (33 U.S.C. 426–1); and

20 ‘‘(E) university research facilities.

21 ‘‘(2) AGREEMENTS.—The cooperation described

22 in paragraph (1) may include entering into agree23 ments with other Federal, State, or local agencies or

24 private organizations to carry out functions described

25 in subsection (c)(1) when appropriate.
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1 ‘‘(e) REPORT.—Not later than 60 days after the con2 clusion of the erosion control program, the Secretary shall

3 prepare and submit an erosion control program final report

4 to the Committee on Environment and Public Works of the

5 Senate and the Committee on Transportation and Infra6 structure of the House of Representatives. The report shall

7 include a comprehensive evaluation of the erosion control

8 program and recommendations regarding the continuation

9 of the erosion control program.

10 ‘‘(f) FUNDING.—

11 ‘‘(1) IN GENERAL.—Subject to paragraph (2), the

12 Federal share of the cost of a demonstration project

13 under the erosion control program shall be determined

14 in accordance with section 3.

15 ‘‘(2) RESPONSIBILITY.—The cost of and respon16 sibility for operation and maintenance (excluding

17 monitoring) of a demonstration project under the ero18 sion control program shall be borne by non-Federal

19 interests on completion of construction of the dem20 onstration project.’’.

21 (b) CONFORMING AMENDMENT.—Subsection (e) of the

22 first section of the Act of August 13, 1946 (60 Stat. 1056,

23 chapter 960; 33 U.S.C. 426e(e)), is amended by striking

24 ‘‘section 3’’ and inserting ‘‘section 3 or 5’’.
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1 SEC. 334. TECHNICAL CORRECTIONS.

2 (a) CONTRIBUTIONS FOR ENVIRONMENTAL AND

3 RECREATION PROJECTS.—Section 203(b) of the Water Re4 sources Development Act of 1992 (33 U.S.C. 2325(b)) is

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

6 (b) CHALLENGE COST-SHARING PROGRAM.—The sec7 ond sentence of section 225(c) of the Act (33 U.S.C. 2328(c))

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

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