II

104TH CONGRESS

1ST SESSION S. 640

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

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,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

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

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

7 this Act is as follows:
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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.

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.
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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

19 $17,700,000 and an estimated non-Federal cost of

20 $9,500,000.

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

22 project for flood control, San Lorenzo River, Califor23 nia: Report of the Chief of Engineers, dated June
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1 30, 1994, at a total cost of $16,100,000, with an es2 timated Federal cost of $8,100,000 and an esti3 mated non-Federal cost of $8,000,000 and the habi4 tat restoration, at a total cost of $4,050,000, with

5 an estimated Federal cost of $3,040,000 and an es6 timated non-Federal cost of $1,010,000.

7 (3) SANTA BARBARA HARBOR, SANTA BARBARA

8 COUNTY, CALIFORNIA.—The project for navigation,

9 Santa Barbara Harbor, Santa Barbara, California:

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

11 1994, at a total cost of $5,720,000, with an esti12 mated Federal cost of $4,580,000 and an estimated

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

14 (4) PALM VALLEY BRIDGE REPLACEMENT, ST.

15 JOHNS COUNTY, FLORIDA.—The project for naviga16 tion, Palm Valley Bridge, County Road 210, over

17 the Atlantic Intracoastal Waterway in St. Johns

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

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

20 $15,312,000. As a condition of receipt of Federal

21 funds, St. Johns County shall assume full ownership

22 of the replacement bridge, including all associated

23 operation, maintenance, repair, replacement, and re24 habilitation costs.
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1 (5) ILLINOIS SHORELINE EROSION, INTERIM III,

2 WILMETTE TO ILLINOIS AND INDIANA STATE

3 LINE.—The project for storm damage reduction and

4 shoreline erosion protection from Wilmette, Illinois,

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

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

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

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

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

10 South Water Filtration Plant, a separable element

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

12 estimated Federal cost of $5,868,000 and an esti13 mated non-Federal cost of $3,159,000. The oper14 ation, maintenance, repair, replacement, and reha15 bilitation of the project after construction shall be

16 the responsibility of the non-Federal interests.

17 (6) KENTUCKY LOCK ADDITION, KENTUCKY.—

18 The project for navigation, Kentucky Lock Addition,

19 Kentucky: Report of the Chief of Engineers, dated

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

21 construction costs of the project shall be paid—

22 (A) 50 percent from amounts appropriated

23 from the general fund of the Treasury; and

24 (B) 50 percent from amounts appropriated

25 from the Inland Waterways Trust Fund estab-
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1 lished by section 9506 of the Internal Revenue

2 Code of 1986.

3 (7) WOLF CREEK HYDROPOWER, CUMBERLAND

4 RIVER, KENTUCKY.—The project for hydropower,

5 Wolf Creek Dam and Lake Cumberland, Kentucky:

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

7 1994, at a total cost of $50,230,000. Funds derived

8 by the Tennessee Valley Authority from the power

9 program of the Authority and funds derived from

10 any private or public entity designated by the South11 eastern Power Administration may be used for all or

12 part of any cost-sharing requirements for the

13 project.

14 (8) STABILIZATION OF NATCHEZ BLUFFS, MIS15 SISSIPPI.—The project for bluff stabilization, Natch16 ez Bluffs, Natchez, Mississippi: Natchez Bluffs

17 Study, dated September 1985, Natchez Bluffs

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

19 Bluffs Study: Supplement II, dated December 1993,

20 in the portions of the bluffs described in the reports

21 designated in this paragraph as Clifton Avenue, area

22 3; Bluff above Silver Street, area 6; Bluff above

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

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

25 $17,200,000, with an estimated Federal cost of
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1 $12,900,000 and an estimated non-Federal cost of

2 $4,300,000.

3 (9) WOOD RIVER AT GRAND ISLAND, NE4 BRASKA.—The project for flood control, Wood River

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

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

7 $10,500,000, with an estimated Federal cost of

8 $5,250,000 and an estimated non-Federal cost of

9 $5,250,000.

10 (10) WILMINGTON HARBOR, CAPE FEAR11 NORTHEAST CAPE FEAR RIVERS, NORTH CARO12 LINA.—The project for navigation, Wilmington Har13 bor, Cape Fear-Northeast Cape Fear Rivers, North

14 Carolina: Report of the Chief of Engineers, dated

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

16 an estimated Federal cost of $16,955,000 and an es17 timated non-Federal cost of $6,335,000.

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

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

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

21 a total cost of $15,408,000, with an estimated Fed22 eral cost of $11,556,000 and an estimated non-Fed23 eral cost of $3,852,000.

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

25 flood control, Pond Creek, Ohio: Report of the Chief
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1 of Engineers, dated June 28, 1994, at a total cost

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

3 $11,243,000 and an estimated non-Federal cost of

4 $5,622,000.

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

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

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

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

9 $10,777,000 and an estimated non-Federal cost of

10 $3,764,000.

11 (14) BIG SIOUX RIVER AND SKUNK CREEK AT

12 SIOUX FALLS, SOUTH DAKOTA.—The project for

13 flood control, Big Sioux River and Skunk Creek at

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

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

16 $31,600,000, with an estimated Federal cost of

17 $23,600,000 and an estimated non-Federal cost of

18 $8,000,000.

19 (15) ATLANTIC INTRACOASTAL WATERWAY

20 BRIDGE REPLACEMENT AT GREAT BRIDGE, CHESA21 PEAKE, VIRGINIA.—The project for navigation at

22 Great Bridge, Virginia Highway 168, over the Atlan23 tic Intracoastal Waterway in Chesapeake, Virginia:

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

25 1994, at a total cost of $23,680,000, with an esti-
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1 mated Federal cost of $20,341,000 and an esti2 mated non-Federal cost of $3,339,000. The city of

3 Chesapeake shall assume full ownership of the re4 placement bridge, including all associated operation,

5 maintenance, repair, replacement, and rehabilitation

6 costs.

7 (16) MARMET LOCK REPLACEMENT, KANAWHA

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

9 Marmet Lock Replacement, Marmet Locks and

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

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

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

13 project shall be paid—

14 (A) 50 percent from amounts appropriated

15 from the general fund of the Treasury; and

16 (B) 50 percent from amounts appropriated

17 from the Inland Waterways Trust Fund estab18 lished by section 9506 of the Internal Revenue

19 Code of 1986.

20 SEC. 102. PROJECT MODIFICATIONS.

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

22 for navigation, Oakland Outer Harbor, California, and

23 Oakland Inner Harbor, California, authorized by section

24 202(a) of the Water Resources Development Act of 1986

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

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

3 Harbor, California, project shall be carried out by the Sec4 retary substantially in accordance with the plans and sub5 ject to the conditions recommended in the reports des6 ignated for the projects in the section, except that the non7 Federal share of project cost and any available credits to8 ward the non-Federal share shall be calculated on the

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

10 cost of the combined project is $102,600,000, with an esti11 mated Federal cost of $64,120,000 and an estimated non12 Federal cost of $38,480,000.

13 (b) NORTH BRANCH OF CHICAGO RIVER, ILLI14 NOIS.—The project for flood control for the North Branch

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

16 of the Water Resources Development Act of 1986 (Public

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

18 the Secretary to carry out the project substantially in ac19 cordance with the post authorization change report for the

20 project dated March 1994, at a total cost of $34,800,000,

21 with an estimated Federal cost of $20,774,000 and an es22 timated non-Federal cost of $14,026,000.

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

24 control, Arkansas City, Kansas, authorized by section

25 401(a) of the Water Resources Development Act of 1986
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1 (Public Law 99–662; 100 Stat. 4116), is modified to au2 thorize the Secretary to construct the project substantially

3 in accordance with the post authorization change report

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

5 $35,700,000, with an estimated Federal cost of

6 $26,600,000 and an estimated non-Federal cost of

7 $9,100,000.

8 (d) HALSTEAD, KANSAS.—The project for flood con9 trol, Halstead, Kansas, authorized by section 401(a) of the

10 Water Resources Development Act of 1986 (Public Law

11 99–662; 100 Stat. 4116), is modified to authorize the Sec12 retary to construct the project substantially in accordance

13 with the post authorization change report for the project

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

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

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

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

18 project for navigation, Mississippi River Outlets, Venice,

19 Louisiana, authorized by section 101 of the River and

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

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

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

23 entrance channel to approximately mile 8 of the Mis24 sissippi River Gulf Outlet navigation channel at a total
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1 estimated Federal cost of $80,000, including $4,000 for

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

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

4 flood control, Cape Girardeau, Jackson Metropolitan Area,

5 Missouri, authorized by section 401(a) of the Water Re6 sources Development Act of 1986 (Public Law 99–662;

7 100 Stat. 4118–4119), is modified to authorize the Sec8 retary to carry out the project, including the implementa9 tion of nonstructural measures, at a total cost of

10 $44,700,000, with an estimated Federal cost of

11 $32,600,000 and an estimated non-Federal cost of

12 $12,100,000.

13 (g) WILMINGTON HARBOR-NORTHEAST CAPE FEAR

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

15 Wilmington Harbor-Northeast Cape Fear River, North

16 Carolina, authorized by section 202(a) of the Water Re17 sources Development Act of 1986 (Public Law 99–662;

18 100 Stat. 4095) is modified to authorize the Secretary to

19 construct the project substantially in accordance with the

20 general design memorandum for the project dated April

21 1990 and the general design memorandum supplement for

22 the project dated February 1994, at a total cost of

23 $50,921,000, with an estimated Federal cost of

24 $25,128,000 and an estimated non-Federal cost of

25 $25,793,000.
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1 (h) SAW MILL RUN, PENNSYLVANIA.—The project

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

3 authorized by section 401(a) of the Water Resources De4 velopment Act of 1986 (Public Law 99–662; 100 Stat.

5 4124), is modified to authorize the Secretary to carry out

6 the project substantially in accordance with the post au7 thorization change and general reevaluation report for the

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

9 with an estimated Federal cost of $9,372,000 and an esti10 mated non-Federal cost of $3,124,000.

11 (i) INDIA POINT BRIDGE, SEEKONK RIVER, PROVI12 DENCE, RHODE ISLAND.—The project for the removal and

13 demolition of the India Point Railroad Bridge, Seekonk

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

15 Water Resources Development Act of 1986 (Public Law

16 99–662; 100 Stat. 4258), is modified to authorize the Sec17 retary to demolish and remove the center span of the

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

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

20 cost of $650,000.

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

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

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

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

25 modified to authorize the Secretary to carry out the
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1 project substantially in accordance with the general design

2 memorandum for the project dated March 1994, and the

3 post authorization change report for the project dated

4 April 1994, at a total cost of $12,370,000, with an esti5 mated Federal cost of $8,220,000 and an estimated non6 Federal cost of $4,150,000.

7 SEC. 103. PROJECT DEAUTHORIZATIONS.

8 (a) BRIDGEPORT HARBOR, CONNECTICUT.—

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

10 project for navigation, Bridgeport Harbor, Connecti11 cut, authorized by section 101 of the River and Har12 bor Act of 1958 (Public Law 85–500; 72 Stat. 297),

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

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

15 Federal channel and Hollisters Dam, is deauthor16 ized.

17 (2) JOHNSONS RIVER CHANNEL.—The portion

18 of the project for navigation, Johnsons River Chan19 nel, Bridgeport Harbor, Connecticut, authorized by

20 the first section of the Act entitled ‘‘An Act author21 izing the construction, repair, and preservation of

22 certain public works on rivers and harbors, and for

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

24 634, chapter 595), that is northerly of a line across

25 the Federal channel the coordinates of which are
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1 north 123318.35, east 486301.68, and north

2 123257.15, east 486380.77, is deauthorized.

3 (b) SOUTHPORT HARBOR, CONNECTICUT.—

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

5 project for navigation, Southport Harbor, Connecti6 cut, authorized by the first section of the Act enti7 tled ‘‘An Act authorizing the construction, repair,

8 and preservation of certain public works on rivers

9 and harbors, and for other purposes’’, approved Au10 gust 30, 1935 (chapter 831, 49 Stat. 1029), are de11 authorized:

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

13 the head of the project.

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

15 beginning at a bend in the channel the coordi16 nates of which are north 109131.16, east

17 452653.32, running thence in a northeasterly

18 direction about 943.01 feet to a point the co19 ordinates of which are north 109635.22, east

20 453450.31, running thence in a southeasterly

21 direction about 22.66 feet to a point the coordi22 nates of which are north 109617.15, east

23 453463.98, running thence in a southwesterly

24 direction about 945.18 feet to the point of be25 ginning.
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1 (2) REMAINDER.—The portion of the project

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

3 the deauthorization made by the paragraph and that

4 is northerly of a line the coordinates of which are

5 north 108699.15, east 452768.36, and north

6 108655.66, east 452858.73, is redesignated as an

7 anchorage.

8 (c) EAST BOOTHBAY HARBOR, MAINE.—The follow9 ing portion of the navigation project for East Boothbay

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

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

12 referred to as the ‘‘River and Harbor Act of 1910’’), con13 taining approximately 1.15 acres and described in accord14 ance with the Maine State Coordinate System, East Zone,

15 is deauthorized:

16 Beginning at a point noted as point number 6

17 and shown as having plan coordinates of North 9,

18 722, East 9, 909 on the plan entitled, ‘‘East

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

20 and dated August 9, 1955, Drawing Number F1251

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

22 System, East Zone coordinates of Northing 74514,

23 Easting 698381; and

24 Thence, North 58 degrees, 12 minutes, 30 sec25 onds East a distance of 120.9 feet to a point; and
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1 Thence, South 72 degrees, 21 minutes, 50 sec2 onds East a distance of 106.2 feet to a point; and

3 Thence, South 32 degrees, 04 minutes, 55 sec4 onds East a distance of 218.9 feet to a point; and

5 Thence, South 61 degrees, 29 minutes, 40 sec6 onds West a distance of 148.9 feet to a point; and

7 Thence, North 35 degrees, 14 minutes, 12 sec8 onds West a distance of 87.5 feet to a point; and

9 Thence, North 78 degrees, 30 minutes, 58 sec10 onds West a distance of 68.4 feet to a point; and

11 Thence, North 27 degrees, 11 minutes, 39 sec12 onds West a distance of 157.3 feet to the point of

13 beginning.

14 (d) FALL RIVER HARBOR, MASSACHUSETTS AND

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

16 Harbor, Massachusetts and Rhode Island, authorized by

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

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

19 alteration of the drawspan of the Brightman Street Bridge

20 to provide a channel width of 300 feet shall not be re21 quired after the date of enactment of this Act.

22 (e) OSWEGATCHIE RIVER, OGDENSBURG, NEW

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

24 Oswegatchie River in Ogdensburg, New York, from the

25 southernmost alignment of the Route 68 bridge, upstream
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1 to the northernmost alignment of the Lake Street bridge,

2 is deauthorized.

3 (f) KICKAPOO RIVER, WISCONSIN.—

4 (1) PROJECT MODIFICATION.—The project for

5 flood control and allied purposes, Kickapoo River,

6 Wisconsin, authorized by section 203 of the Flood

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

8 1190), as modified by section 814 of the Water Re9 sources Development Act of 1986 (Public Law 99–

10 662; 100 Stat. 4169), is further modified as pro11 vided by this subsection.

12 (2) TRANSFER OF PROPERTY.—

13 (A) IN GENERAL.—Subject to the require14 ments of this paragraph, the Secretary shall

15 transfer to the State of Wisconsin, without con16 sideration, all right, title, and interest of the

17 United States in and to the lands described in

18 subparagraph (B), including all works, struc19 tures, and other improvements on the lands.

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

21 transferred pursuant to subparagraph (A) are

22 the approximately 8,569 acres of land associ23 ated with the LaFarge Dam and Lake portion

24 of the project referred to in paragraph (1) in
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1 Vernon County, Wisconsin, in the following sec2 tions:

3 (i) Section 31, Township 14 North,

4 Range 1 West of the 4th Principal Merid5 ian.

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

7 17, 20, and 21, Township 13 North,

8 Range 2 West of the 4th Principal Merid9 ian.

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

11 26, 27, 31, and 33 through 36, Township

12 14 North, Range 2 West of the 4th Prin13 cipal Meridian.

14 (C) TERMS AND CONDITIONS.—The trans15 fer under subparagraph (A) shall be made on

16 the condition that the State of Wisconsin enters

17 into a written agreement with the Secretary to

18 hold the United States harmless from all claims

19 arising from or through the operation of the

20 lands and improvements subject to the transfer.

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

22 1995, the Secretary shall transmit to the State

23 of Wisconsin an offer to make the transfer

24 under this paragraph. The offer shall provide

25 for the transfer to be made in the period begin-
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1 ning on November 1, 1995, and ending on De2 cember 31, 1995.

3 (E) DEAUTHORIZATION.—The LaFarge

4 Dam and Lake portion of the project referred

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

6 date of the transfer under this paragraph.

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

10 portion of project referred to in paragraph (1)

11 until the date of the transfer under this para12 graph.

13 SEC. 104. STUDIES.

14 (a) LAKE ELSINORE, RIVERSIDE COUNTY, CALIFOR15 NIA.—Not later than 18 months after the date of enact16 ment 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

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

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

21 California, flood control project, for water conserva22 tion storage up to an elevation of 1,249 feet above

23 mean sea 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 (b) 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

11 of enactment of this Act.

12 (c) MURRIETA CREEK, RIVERSIDE COUNTY, CALI13 FORNIA.—The Secretary shall review the completed fea14 sibility study of the Riverside County Flood Control and

15 Water Conservation District, including identified alter16 natives, concerning Murrieta Creek from Temecula to

17 Wildomar, Riverside County, California, to determine the

18 Federal interest in participating in a project for flood con19 trol.

20 (d) PINE FLAT DAM FISH AND WILDLIFE HABITAT

21 RESTORATION, CALIFORNIA.—The Secretary shall study

22 the feasibility of fish and wildlife habitat improvement

23 measures identified for further study by the Pine Flat

24 Dam Fish and Wildlife Habitat Restoration Investigation

25 Reconnaissance Report.
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1 (e) WEST DADE, FLORIDA.—The Secretary shall con2 duct a reconnaissance study to determine the Federal in3 terest in using the West Dade, Florida, reuse facility to

4 increase the supply of surface water to the Everglades in

5 order to enhance fish and wildlife habitat.

6 (f) OHIO RIVER GREENWAY, INDIANA.—The Sec7 retary shall conduct a study to determine the feasibility

8 of the greenway project along the Ohio River in Jefferson9 ville, Clarksville, and New Albany, Indiana, as described

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

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

12 Corps of Engineers in 1994.

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

14 conduct a study to determine the feasibility of riverfront

15 modifications as described in the report entitled ‘‘Indian16 apolis, Indiana, White River Central Waterfront Recon17 naissance Report’’, dated October 1993.

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

19 Secretary shall conduct a reconnaissance study to deter20 mine the Federal interest in the construction of a bulk21 head system, consisting of either steel sheet piling with

22 tiebacks or concrete, along the embankment of Bayou

23 Blanc, Crowley, Louisiana, in order to alleviate slope fail24 ures and erosion problems in a cost-effective manner.
23

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1 (i) HACKBERRY INDUSTRIAL SHIP CHANNEL PARK,

2 LOUISIANA.—The Secretary shall incorporate the area of

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

4 Lake Charles ship channel, bypass channel, and general

5 anchorage area in Louisiana, to explore the possibility of

6 constructing additional anchorage areas.

7 (j) LOWER PLATTE RIVER, NEBRASKA.—The Sec8 retary shall conduct a reconnaissance study of the Lower

9 Platte River to determine the Federal interest in flood

10 control and related water resources development in the

11 study area. The Secretary shall consider nonstructural

12 and structural measures for the management of the flood13 plain.

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

15 NEVADA.—The Secretary shall conduct a reconnaissance

16 study to determine the Federal interest in channel im17 provements in channel A of the North Las Vegas Wash

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

19 of flood control.

20 (l) LOWER LAS VEGAS WASH WETLANDS, CLARK

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

22 to determine the feasibility of the restoration of wetlands

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

24 of erosion control and environmental restoration.
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1 (m) NORTHERN NEVADA.—The Secretary shall con2 duct reconnaissance studies, in the State of Nevada, of—

3 (1) the Humboldt River, and the tributaries

4 and outlets of the river;

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

6 outlets of the river;

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

8 outlets of the river; and

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

10 outlets of the river;

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

12 environmental restoration, conservation of fish and wild13 life, recreation, water conservation, water quality, and

14 toxic and radioactive waste.

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

16 shall determine the feasibility of excavating the inner har17 bor and constructing the associated bulkheads in Buffalo

18 Harbor, New York.

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

20 conduct a reconnaissance study to determine the Federal

21 interest in reopening the secondary channel of the Hudson

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

23 narrowed by silt as a result of the construction of

24 Coeymans middle dike by the Army Corps of Engineers.
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1 (p) FLUSHING BAY, NEW YORK.—The Secretary

2 shall determine the feasibility of dredging the area of

3 Flushing Bay, New York, directly surrounding the earthen

4 dike to—

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

6 (2) improve the water quality;

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

8 removal of mudflats; and

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

10 use as fill for a runway extension at LaGuardia Air11 port.

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

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

14 Secretary shall conduct a reconnaissance study in

15 Shinnecock Inlet, New York, to determine the Federal in16 terest in constructing a sand bypass system, or other ap17 propriate alternative, for the purposes of allowing sand to

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

19 preventing the further erosion of the beaches west of the

20 inlet and the shoaling of the inlet.

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

22 NEW YORK AND NEW JERSEY.—The Secretary shall con23 tinue engineering and design in order to complete the

24 navigation project at Kill Van Kull and Newark Bay

25 Channels, New York and New Jersey, authorized to be
26

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1 constructed in the Supplemental Appropriations Act, 1985

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

3 the Water Resources Development Act of 1986 (Public

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

5 design memorandum for the project, and approved in the

6 Report of the Chief of Engineers dated December 14,

7 1981.

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

9 years after the date of enactment of this Act, the Sec10 retary shall complete a feasibility study for the ecosystem

11 restoration project at Columbia Slough, Oregon, as re12 ported in the August 1993 Revised Reconnaissance Study.

13 The study shall be a demonstration study done in coordi14 nation with the Environmental Protection Agency.

15 (t) DALLAS FLOODWAY EXTENSION, TEXAS.—

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

17 study of the flood control project for Dallas

18 Floodway Extension, Dallas, Texas, authorized by

19 section 301 of the Flood Control Act of 1965 (Pub20 lic Law 89–298; 79 Stat. 1091), for the purpose of

21 determining the feasibility of providing additional

22 flood protection to the Central Wastewater Treat23 ment Plant and the area known as Rochester Park.

24 (2) REPORT.—The results of the study con25 ducted under paragraph (1) shall be included in the
27

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1 report presenting the results of the ongoing reevalu2 ation study of the authorized project.

3 (u) ASHLEY CREEK, UTAH.—The Secretary is au4 thorized to study the feasibility of undertaking a project

5 for fish and wildlife restoration at Ashley Creek, near Ver6 nal, Utah.

7 TITLE II—PROJECT-RELATED

8 PROVISIONS

9 SEC. 201. MORGAN POINT, ARKANSAS.

10 The Secretary shall accept as in-kind contributions

11 for the project at Morgan Point, Arkansas—

12 (1) the items described as fish and wildlife fa13 cilities and land in the Morgan Point Broadway Clo14 sure Structure modification report for the project,

15 dated February 1994; and

16 (2) fish stocking activities carried out by the

17 non-Federal interests for the project.

18 SEC. 202. WHITE RIVER BASIN LAKES, ARKANSAS AND MIS19 SOURI.

20 The project for flood control and power generation

21 at White River Basin Lakes, Arkansas and Missouri, au22 thorized by section 4 of the Act entitled ‘‘An Act authoriz23 ing the construction of certain public works on rivers and

24 harbors for flood control, and for other purposes’’, ap25 proved June 28, 1938 (commonly referred to as the
28

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1 ‘‘Flood Control Act of 1938’’) (52 Stat. 1218), shall in2 clude recreation and fish and wildlife mitigation as pur3 poses of the project, to the extent that the purposes do

4 not adversely impact flood control, power generation, or

5 other authorized purposes of the project.

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

7 RESTORATION, CALIFORNIA.

8 The Secretary shall carry out, in accordance with sec9 tion 1135(b) of the Water Resources Development Act of

10 1986 (33 U.S.C. 2309a(b)), the construction of a turbine

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

12 SEC. 204. CENTRAL AND SOUTHERN FLORIDA.

13 The project for Central and Southern Florida, au14 thorized by section 203 of the Flood Control Act of 1968

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

16 to the availability of appropriations, to authorize the Sec17 retary to implement the recommended plan of improve18 ment contained in a report entitled ‘‘Central and Southern

19 Florida Project, Final Integrated General Reevaluation

20 Report and Environmental Impact Statement, Canal 111

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

22 (including acquisition of such portions of the Frog Pond

23 and Rocky Glades areas as are needed for the project),

24 at a total cost of $121,000,000. The Federal share of the

25 cost of implementing the plan of improvement shall be 50
29

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

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

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

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

5 non-Federal share of the operation and maintenance costs

6 of the improvements undertaken pursuant to this section

7 shall be 100 percent, except that the Federal Government

8 shall reimburse the non-Federal interest in an amount

9 equal to 60 percent of the costs of operating and maintain10 ing pump stations that pump water into Taylor Slough

11 in Everglades National Park.

12 SEC. 205. WEST PALM BEACH, FLORIDA.

13 The project for flood protection of West Palm Beach,

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

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

16 is modified to provide for the construction of an enlarged

17 stormwater detention area, Storm Water Treatment Area

18 1 East, generally in accordance with the plan of improve19 ments described in the February 15, 1994, report entitled

20 ‘‘Everglades Protection Project, Palm Beach County,

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

22 McDonnell, and as further described in detailed design

23 documents to be approved by the Secretary. The addi24 tional work authorized by this section shall be accom25 plished at full Federal cost in recognition of the water sup-
30

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1 ply benefits accruing to the Loxahatchee National Wildlife

2 Refuge and the Everglades National Park and in recogni3 tion of the statement in support of the Everglades restora4 tion effort set forth in the document signed by the Sec5 retary of the Interior and the Secretary of the Army in

6 July 1993. Operation and maintenance of the stormwater

7 detention area shall be consistent with regulations pre8 scribed by the Secretary for the Central and Southern

9 Florida project, with all costs of the operation and mainte10 nance work borne by non-Federal interests.

11 SEC. 206. PERIODIC MAINTENANCE DREDGING FOR GREEN12 VILLE INNER HARBOR CHANNEL, MIS13 SISSIPPI.

14 The Greenville Inner Harbor Channel, Mississippi, is

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

16 United States, and shall be included among the navigable

17 waters for which the Army Corps of Engineers maintains

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

19 Greenville Inner Harbor Channel shall be maintained in

20 a manner that is consistent with the navigable channel to

21 the Greenville Harbor and the portion of the Mississippi

22 River adjacent to the Greenville Harbor that is maintained

23 by the Army Corps of Engineers, as in existence on the

24 date of enactment of this Act.
31

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1 SEC. 207. SARDIS LAKE, MISSISSIPPI.

2 The Secretary shall work cooperatively with the State

3 of Mississippi and the city of Sardis to the maximum ex4 tent practicable in the management of existing and pro5 posed leases of land consistent with the master tourism

6 and recreational plan for the economic development of the

7 Sardis Lake area prepared by the city.

8 SEC. 208. LIBBY DAM, MONTANA.

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

10 103(c)(1) of the Water Resources Development Act of

11 1986 (33 U.S.C. 2213(c)(1)), the Secretary shall—

12 (1) complete the construction and installation of

13 generating units 6 through 8 at Libby Dam, Mon14 tana; and

15 (2) remove the partially constructed haul bridge

16 over the Kootenai River, Montana.

17 (b) AUTHORIZATION OF APPROPRIATIONS.—There

18 are authorized to be appropriated to carry out this section

19 $16,000,000, to remain available until expended.

20 SEC. 209. SMALL FLOOD CONTROL PROJECT, MALTA, MON21 TANA.

22 Not later than 1 year after the date of enactment

23 of this Act, the Secretary is authorized to expend such

24 Federal funds as are necessary to complete the small flood

25 control project begun at Malta, Montana, pursuant to sec-
32

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1 tion 205 of the Flood Control Act of 1948 (33 U.S.C.

2 701s).

3 SEC. 210. CLIFFWOOD BEACH, NEW JERSEY.

4 (a) IN GENERAL.—Notwithstanding any other provi5 sion of law or the status of the project authorized by sec6 tion 203 of the Flood Control Act of 1962 (Public Law

7 87–874; 76 Stat. 1180) for hurricane-flood protection and

8 beach erosion control on Raritan Bay and Sandy Hook

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

10 to provide periodic beach nourishment for Cliffwood

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

12 date of execution of a project cooperation agreement by

13 the Secretary and an appropriate non-Federal interest.

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

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

16 be 35 percent.

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

18 For the purpose of replenishing the beach, the Sec19 retary shall place sand dredged from the Fire Island Inlet

20 on the shoreline between Gilgo State Park and Tobay

21 Beach to protect Ocean Parkway along the Atlantic Ocean

22 shoreline in Suffolk County, New York.
33

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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-
35

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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
38

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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—
43

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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—
45

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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
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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
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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
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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
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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
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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-
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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
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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-
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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
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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)’’.

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