I

104TH CONGRESS

2D SESSION H. R. 3592

To provide for conservation and development of water and related resources,

to authorize the Secretary of the Army to construct various projects

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

other purposes.

IN THE HOUSE OF REPRESENTATIVES

JUNE 6, 1996

Mr. SHUSTER (for himself, Mr. OBERSTAR, Mr. BOEHLERT, and Mr. BORSKI)

introduced the following bill; which was referred to the Committee on

Transportation and Infrastructure

A BILL

To provide for conservation and development of water and

related resources, to authorize the Secretary of the Army

to construct various projects for improvements to rivers

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

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

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

6 (b) TABLE OF CONTENTS.—

Sec. 1. Short title; table of contents.
2

•HR 3592 IH

Sec. 2. Definition.

TITLE I—WATER RESOURCES PROJECTS

Sec. 101. Project authorizations.

Sec. 102. Small flood control projects.

Sec. 103. Small bank stabilization projects.

Sec. 104. Small navigation projects.

Sec. 105. Small shoreline protection projects.

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

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

TITLE II—GENERALLY APPLICABLE PROVISIONS

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

Sec. 202. Flood control policy.

Sec. 203. Feasibility study cost-sharing.

Sec. 204. Restoration of environmental quality.

Sec. 205. Environmental dredging.

Sec. 206. Aquatic ecosystem restoration.

Sec. 207. Recreation policy and user fees.

Sec. 208. Recovery of costs.

Sec. 209. Cost sharing of environmental projects.

Sec. 210. Construction of flood control projects by non-Federal interests.

Sec. 211. Engineering and environmental innovations of national significance.

Sec. 212. Lease authority.

Sec. 213. Collaborative research and development.

Sec. 214. Dam safety program.

Sec. 215. Maintenance, rehabilitation, and modernization of facilities.

Sec. 216. Long-term sediment management strategies.

Sec. 217. Dredged material disposal facility partnerships.

Sec. 218. Obstruction removal requirement.

Sec. 219. Small project authorizations.

Sec. 220. Uneconomical cost-sharing requirements.

Sec. 221. Planning assistance to States.

Sec. 222. Corps of Engineers’ expenses.

Sec. 223. State and Federal agency review period.

Sec. 224. Limitation on reimbursement of non-Federal costs per project.

Sec. 225. Aquatic plant control.

Sec. 226. Sediments decontamination technology.

Sec. 227. Project deauthorizations.

Sec. 228. Support of Army Civil Works Program.

Sec. 229. Benefits to navigation.

Sec. 230. Loss of life prevention.

Sec. 231. Scenic and aesthetic considerations.

Sec. 232. Removal of study prohibitions.

Sec. 233. Sense of Congress; requirement regarding notice.

Sec. 234. Reservoir management technical advisory committee.

Sec. 235. Technical corrections.

TITLE III—PROJECT MODIFICATIONS

Sec. 301. Mobile Harbor, Alabama.

Sec. 302. Alamo Dam, Arizona.

Sec. 303. Nogales Wash and Tributaries, Arizona.
3

•HR 3592 IH

Sec. 304. Phoenix, Arizona.

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

Sec. 306. Glenn-Colusa, California.

Sec. 307. Los Angeles and Long Beach Harbors, San Pedro Bay, California.

Sec. 308. Oakland Harbor, California.

Sec. 309. Queensway Bay, California.

Sec. 310. San Luis Rey, California.

Sec. 311. Thames River, Connecticut.

Sec. 312. Potomac River, Washington, District of Columbia.

Sec. 313. Canaveral Harbor, Florida.

Sec. 314. Central and southern Florida, Canal 51.

Sec. 315. Central and southern Florida, Canal 111 (C–111).

Sec. 316. Jacksonville Harbor (Mill Cove), Florida.

Sec. 317. Tybee Island, Georgia.

Sec. 318. White River, Indiana.

Sec. 319. Chicago, Illinois.

Sec. 320. Chicago Lock and Thomas J. O’Brien Lock, Illinois.

Sec. 321. Kaskaskia River, Illinois.

Sec. 322. Locks and Dam 26, Alton, Illinois and Missouri.

Sec. 323. North Branch of Chicago River, Illinois.

Sec. 324. Illinois and Michigan Canal.

Sec. 325. Arkansas City, Kansas.

Sec. 326. Halstead, Kansas.

Sec. 327. Levisa and Tug Forks of the Big Sandy River and Cumberland

River, Kentucky, West Virginia, and Virginia.

Sec. 328. Comite River, Louisiana.

Sec. 329. Grand Isle and Vicinity, Louisiana.

Sec. 330. Lake Pontchartrain, Louisiana.

Sec. 331. Mississippi Delta Region, Louisiana.

Sec. 332. Mississippi River Outlets, Venice, Louisiana.

Sec. 333. Red River Waterway, Louisiana.

Sec. 334. Tolchester Channel, Maryland.

Sec. 335. Saginaw River, Michigan.

Sec. 336. Sault Sainte Marie, Chippewa County, Michigan.

Sec. 337. Stillwater, Minnesota.

Sec. 338. New Madrid Harbor, Missouri.

Sec. 339. Cape Girardeau, Missouri.

Sec. 340. St. John’s Bayou—New Madrid Floodway, Missouri.

Sec. 341. Joseph G. Minish Passaic River Park, New Jersey.

Sec. 342. Passaic River, New Jersey.

Sec. 343. Molly Ann’s Brook, New Jersey.

Sec. 344. Ramapo and Mahwah Rivers, New Jersey and New York.

Sec. 345. Arthur Kill, New York and New Jersey.

Sec. 346. Jones Inlet, New York.

Sec. 347. Kill Van Kull, New York and New Jersey.

Sec. 348. Wilmington Harbor-Northeast Cape Fear River, North Carolina.

Sec. 349. Garrison Dam, North Dakota.

Sec. 350. Wister Lake, Oklahoma.

Sec. 351. Bonneville Lock and Dam, Columbia River, Oregon and Washington.

Sec. 352. Columbia River dredging, Oregon and Washington.

Sec. 353. Lackawanna River at Scranton, Pennsylvania.

Sec. 354. Mussers Dam, Middle Creek, Snyder County, Pennsylvania.

Sec. 355. Saw Mill Run, Pennsylvania.

Sec. 356. Schuylkill River, Pennsylvania.

Sec. 357. South Central Pennsylvania.
4

•HR 3592 IH

Sec. 358. Wyoming Valley, Pennsylvania.

Sec. 359. San Juan Harbor, Puerto Rico.

Sec. 360. Narragansett, Rhode Island.

Sec. 361. Charleston Harbor, South Carolina.

Sec. 362. Dallas Floodway Extension, Dallas, Texas.

Sec. 363. Upper Jordan River, Utah.

Sec. 364. Haysi Lake, Virginia.

Sec. 365. Rudee Inlet, Virginia Beach, Virginia.

Sec. 366. Virginia Beach, Virginia.

Sec. 367. East Waterway, Washington.

Sec. 368. Bluestone Lake, West Virginia.

Sec. 369. Southern West Virginia.

Sec. 370. Kickapoo River, Wisconsin.

Sec. 371. Teton County, Wyoming.

TITLE IV—STUDIES

Sec. 401. Corps capability study, Alaska.

Sec. 402. McDowell Mountain, Arizona.

Sec. 403. Nogales Wash and Tributaries, Arizona.

Sec. 404. Garden Grove, California.

Sec. 405. Mugu Lagoon, California.

Sec. 406. Santa Ynez, California.

Sec. 407. Yolo Bypass, Sacramento-San Joaquin Delta, California.

Sec. 408. Springfield, Illinois.

Sec. 409. Beauty Creek watershed, Valparaiso City, Porter County, Indiana.

Sec. 410. Grand Calumet River, Hammond, Indiana.

Sec. 411. Indiana Harbor Canal, East Chicago, Lake County, Indiana.

Sec. 412. Koontz Lake, Indiana.

Sec. 413. Little Calumet River, Indiana.

Sec. 414. Tippecanoe River watershed, Indiana.

Sec. 415. Calcasieu Ship Channel, Hackberry, Louisiana.

Sec. 416. Huron River, Michigan.

Sec. 417. River Des Peres, Saint Louis County, Missouri.

Sec. 418. Saco River, New Hampshire.

Sec. 419. Buffalo River Greenway, New York.

Sec. 420. Port of New York-New Jersey sediment study.

Sec. 421. Port of New York-New Jersey navigation study.

Sec. 422. Chagrin River, Ohio.

Sec. 423. Charleston, South Carolina, estuary.

Sec. 424. Mustang Island, Corpus Christi, Texas.

Sec. 425. Prince William County, Virginia.

Sec. 426. Pacific region.

TITLE V—MISCELLANEOUS PROVISIONS

Sec. 501. Project deauthorizations.

Sec. 502. Project reauthorizations.

Sec. 503. Continuation of authorization of certain projects.

Sec. 504. Land conveyances.

Sec. 505. Namings.

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

Sec. 507. Lakes program.

Sec. 508. Maintenance of navigation channels.

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

Sec. 510. Great Lakes dredged material testing and evaluation manual.
5

•HR 3592 IH

Sec. 511. Great Lakes sediment reduction.

Sec. 512. Great Lakes confined disposal facilities.

Sec. 513. Chesapeake Bay restoration and protection program.

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

Sec. 515. Alternative to annual passes.

Sec. 516. Recreation partnership initiative.

Sec. 517. Environmental infrastructure.

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

Sec. 519. Periodic beach nourishment.

Sec. 520. Control of aquatic plants.

Sec. 521. New England division headquarters facility.

Sec. 522. Lake Superior Center.

Sec. 523. Earthquake Preparedness Center of Expertise Extension.

Sec. 524. Quarantine facility.

Sec. 525. Benton and Washington Counties, Arkansas.

Sec. 526. Calaveras County, California.

Sec. 527. Prado Dam safety improvements, California.

Sec. 528. Tampa, Florida.

Sec. 529. Watershed management plan for deep river basin, Indiana.

Sec. 530. Southern and eastern Kentucky.

Sec. 531. Louisiana coastal wetlands restoration projects.

Sec. 532. Southeast Louisiana.

Sec. 533. Restoration projects for Maryland, Pennsylvania, West Virginia, and

Kentucky.

Sec. 534. Beneficial use of dredged material, Poplar Island, Maryland.

Sec. 535. Erosion control measures, Smith Island, Maryland.

Sec. 536. Beneficial use of dredged material, Worton Point, Kent County,

Maryland.

Sec. 537. Duluth, Minnesota, alternative technology project.

Sec. 538. Redwood River basin, Minnesota.

Sec. 539. Natchez Bluffs, Mississippi.

Sec. 540. Sardis Lake, Mississippi.

Sec. 541. Cocheco River, New Hampshire.

Sec. 542. Durham, New Hampshire.

Sec. 543. Hackensack Meadowlands area, New Jersey.

Sec. 544. Authorization of dredge material containment facility for port of New

York/New Jersey.

Sec. 545. Hudson River habitat restoration, New York.

Sec. 546. New York Bight and Harbor Study.

Sec. 547. New York State Canal System.

Sec. 548. New York City Watershed.

Sec. 549. Northeastern Ohio.

Sec. 550. Grand Lake, Oklahoma.

Sec. 551. Broad top region of Pennsylvania.

Sec. 552. Hopper Dredge McFarland.

Sec. 553. Philadelphia, Pennsylvania.

Sec. 554. Seven Points Visitors Center, Raystown Lake, Pennsylvania.

Sec. 555. Southeastern Pennsylvania.

Sec. 556. Blackstone River Valley, Rhode Island and Massachusetts.

Sec. 557. East Ridge, Tennessee.

Sec. 558. Murfreesboro, Tennessee.

Sec. 559. Buffalo Bayou, Texas.

Sec. 560. Harris County, Texas.

Sec. 561. Pierce County, Washington.

Sec. 562. Huntington, West Virginia.
6

•HR 3592 IH

Sec. 563. Lower Mud River, Milton, West Virginia.

Sec. 564. Evaluation of beach material.

Sec. 565. Ohio River Greenway.

Sec. 566. Sense of Congress regarding St. Lawrence Seaway tolls.

1 SEC. 2. DEFINITION.

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

3 means the Secretary of the Army.

4 TITLE I—WATER RESOURCES

5 PROJECTS

6 SEC. 101. PROJECT AUTHORIZATIONS.

7 Except as provided in this section, the following

8 projects for water resources development and conservation

9 and other purposes are authorized to be carried out by

10 the Secretary substantially in accordance with the plans,

11 and subject to the conditions, described in the respective

12 reports designated in this section:

13 (1) SANTA BARBARA HARBOR, CALIFORNIA.—

14 The project for navigation, Santa Barbara Harbor,

15 California: Report of the Chief of Engineers, dated

16 April 26, 1994, at a total cost of $5,840,000, with

17 an estimated Federal cost of $4,670,000 and an es18 timated non-Federal cost of $1,170,000.

19 (2) SAN LORENZO RIVER, SANTA CRUZ, CALI20 FORNIA.—The project for flood control, San Lorenzo

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

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

23 $16,900,000, with an estimated Federal cost of
7

•HR 3592 IH

1 $8,570,000 and an estimated non-Federal cost of

2 $8,330,000.

3 (3) MARIN COUNTY SHORELINE, SAN RAFAEL,

4 CALIFORNIA.—The project for storm damage reduc5 tion, Marin County shoreline, San Rafael, California:

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

7 1994, at a total cost of $28,300,000, with an esti8 mated Federal cost of $18,400,000 and an esti9 mated non-Federal cost of $9,900,000.

10 (4) HUMBOLDT HARBOR AND BAY, CALIFOR11 NIA.—The project for navigation, Humboldt Harbor

12 and Bay, California: Report of the Chief of Engi13 neers, dated October 30, 1995, at a total cost of

14 $15,180,000, with an estimated Federal cost of

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

16 $5,180,000.

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

19 for environmental restoration, Anacostia River and

20 Tributaries, District of Columbia and Maryland: Re21 port of the Chief of Engineers, dated November 15,

22 1994, at a total cost of $17,144,000, with an esti23 mated Federal cost of $12,858,000 and an esti24 mated non-Federal cost of $4,286,000.
8

•HR 3592 IH

1 (6) ATLANTIC INTRACOASTAL WATERWAY, ST.

2 JOHNS COUNTY, FLORIDA.—The project for naviga3 tion, Atlantic Intracoastal Waterway, St. Johns

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

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

6 $15,881,000. Operation, maintenance, repair, re7 placement, and rehabilitation shall be a non-Federal

8 responsibility and the non-Federal interest must as9 sume ownership of the bridge.

10 (7) LAKE MICHIGAN, ILLINOIS.—The project

11 for storm damage reduction and shoreline erosion

12 protection, Lake Michigan, Illinois, from Wilmette,

13 Illinois, to the Illinois-Indiana State line: Report of

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

15 total cost of $204,000,000, with an estimated Fed16 eral cost of $110,000,000 and an estimated non17 Federal cost of $94,000,000. The project shall in18 clude the breakwater near the South Water Filtra19 tion Plant described in the report as a separate ele20 ment of the project, at a total cost of $11,470,000,

21 with an estimated Federal cost of $7,460,000 and

22 an estimated non-Federal cost of $4,010,000.

23 (8) KENTUCKY LOCK AND DAM, TENNESSEE

24 RIVER, KENTUCKY.—The project for navigation,

25 Kentucky Lock and Dam, Tennessee River, Ken-
9

•HR 3592 IH

1 tucky: Report of the Chief of Engineers, dated June

2 1, 1992, at a total cost of $393,200,000. The costs

of construction of the project are to be paid 1 3 ⁄2 from

4 amounts appropriated from the general fund of the

Treasury and 1 5 ⁄2 from amounts appropriated from

6 the Inland Waterways Trust Fund.

7 (9) POND CREEK, JEFFERSON COUNTY, KEN8 TUCKY.—The project for flood control, Pond Creek,

9 Jefferson County, Kentucky: Report of the Chief of

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

11 $16,080,000, with an estimated Federal cost of

12 $10,993,000 and an estimated non-Federal cost of

13 $5,087,000.

14 (10) WOLF CREEK DAM AND LAKE CUM15 BERLAND, KENTUCKY.—The project for hydropower,

16 Wolf Creek Dam and Lake Cumberland, Kentucky:

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

18 1994, at a total cost of $53,763,000, with an esti19 mated non-Federal cost of $53,763,000. Funds de20 rived by the Tennessee Valley Authority from its

21 power program and funds derived from any private

22 or public entity designated by the Southeastern

23 Power Administration may be used to pay all or part

24 of the costs of the project.
10

•HR 3592 IH

1 (11) PORT FOURCHON, LAFOURCHE PARISH,

2 LOUISIANA.—A project for navigation, Belle Pass

3 and Bayou Lafourche, Louisiana: Report of the

4 Chief of Engineers, dated April 7, 1995, at a total

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

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

7 $2,140,000.

8 (12) WEST BANK OF THE MISSISSIPPI RIVER,

9 NEW ORLEANS (EAST OF HARVEY CANAL), LOUISI10 ANA.—The project for hurricane damage reduction,

11 West Bank of the Mississippi River in the vicinity of

12 New Orleans (East of Harvey Canal), Louisiana:

13 Report of the Chief of Engineers, dated May 1,

14 1995, at a total cost of $126,000,000, with an esti15 mated Federal cost of $82,200,000 and an esti16 mated non-Federal cost of $43,800,000.

17 (13) WOOD RIVER, GRAND ISLAND, NE18 BRASKA.—The project for flood control, Wood River,

19 Grand Island, Nebraska: Report of the Chief of En20 gineers, dated May 3, 1994, at a total cost of

21 $11,800,000, with an estimated Federal cost of

22 $6,040,000 and an estimated non-Federal cost of

23 $5,760,000.

24 (14) LONG BEACH ISLAND, NEW YORK.—The

25 project for storm damage reduction, Long Beach Is-
11

•HR 3592 IH

1 land, New York: Report of the Chief of Engineers,

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

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

4 an estimated non-Federal cost of $25,232,000.

5 (15) WILMINGTON HARBOR, CAPE FEAR RIVER,

6 NORTH CAROLINA.—The project for navigation, Wil7 mington Harbor, Cape Fear and Northeast Cape

8 Fear Rivers, North Carolina: Report of the Chief of

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

10 $23,953,000, with an estimated Federal cost of

11 $15,032,000 and an estimated non-Federal cost of

12 $8,921,000.

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

14 project for flood control, Duck Creek, Cincinnati,

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

16 28, 1994, at a total cost of $15,947,000, with an es17 timated Federal cost of $11,960,000 and an esti18 mated non-Federal cost of $3,987,000.

19 (17) WILLAMETTE RIVER TEMPERATURE CON20 TROL, MCKENZIE SUBBASIN, OREGON.—The project

21 for environmental restoration, Willamette River

22 Temperature Control, McKenzie Subbasin, Oregon:

23 Report of the Chief of Engineers, dated February 1,

24 1996, at a total cost of $38,000,000, with an esti25 mated Federal cost of $38,000,000.
12

•HR 3592 IH

1 (18) RIO GRANDE DE ARECIBO, PUERTO

2 RICO.—The project for flood control, Rio Grande de

3 Arecibo, Puerto Rico: Report of the Chief of Engi4 neers, dated April 5, 1994, at a total cost of

5 $19,951,000, with an estimated Federal cost of

6 $10,557,000 and an estimated non-Federal cost of

7 $9,394,000.

8 (19) BIG SIOUX RIVER AND SKUNK CREEK,

9 SIOUX FALLS, SOUTH DAKOTA.—The project for

10 flood control, Big Sioux River and Skunk Creek,

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

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

13 $34,600,000, with an estimated Federal cost of

14 $25,900,000 and an estimated non-Federal cost of

15 $8,700,000.

16 (20) WATERTOWN, SOUTH DAKOTA.—The

17 project for flood control, Watertown and Vicinity,

18 South Dakota: Report of the Chief of Engineers,

19 dated August 31, 1994, at a total cost of

20 $18,000,000, with an estimated Federal cost of

21 $13,200,000 and an estimated non-Federal cost of

22 $4,800,000.

23 (21) HOUSTON-GALVESTON NAVIGATION CHAN24 NELS, TEXAS.—The project for navigation and envi25 ronmental restoration, Houston-Galveston Naviga-
13

•HR 3592 IH

1 tion Channels, Texas: Report of the Chief of Engi2 neers, dated May 9, 1996, at a total initial construc3 tion cost of $292,797,000, with an estimated Fed4 eral cost of $210,891,000 and an estimated non5 Federal cost of $81,906,000. The project shall in6 clude deferred construction of additional environ7 mental restoration features over the life of the

8 project, at a total average annual cost of $786,000,

9 with an estimated Federal cost of $590,000 and an

10 estimated non-Federal cost of $196,000. The con11 struction of berthing areas and the removal of pipe12 lines and other obstructions that are necessary for

13 the project shall be accomplished at non-Federal ex14 pense. Non-Federal interests shall receive credit to15 ward cash contributions required during construc16 tion and subsequent to construction for design and

17 construction management work that is performed by

18 non-Federal interests and that the Secretary deter19 mines is necessary to implement the project.

20 (22) MARMET LOCK, KANAWHA RIVER, WEST

21 VIRGINIA.—The project for navigation, Marmet

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

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

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

the project are to be paid 1 25 ⁄2 from amounts appro-
14

•HR 3592 IH

1 priated from the general fund of the Treasury and

1 2 ⁄2 from amounts appropriated from the Inland Wa3 terways Trust Fund. In conducting any real estate

4 acquisition activities with respect to the project, the

5 Secretary shall give priority consideration to those

6 individuals who would be directly affected by any

7 physical displacement due to project design and shall

8 consider the financial circumstances of such individ9 uals. The Secretary shall proceed with real estate ac10 quisition in connection with the project expedi11 tiously.

12 SEC. 102. SMALL FLOOD CONTROL PROJECTS.

13 (a) PROJECT DESCRIPTIONS.—The Secretary shall

14 conduct a study for each of the following projects and,

15 if the Secretary determines that the project is feasible,

16 shall carry out the project under section 205 of the Flood

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

18 (1) WARES CREEK, MANATEE COUNTY, FLOR19 IDA.—Project for flood control, Wares Creek, Mana20 tee County, Florida; except that the maximum

21 amount of Federal funds that may be allotted for

22 the project shall be $10,385,000.

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

24 Project for flood control, Birds, Lawrence County,

25 Illinois.
15

•HR 3592 IH

1 (3) BRIDGEPORT, LAWRENCE COUNTY, ILLI2 NOIS.—Project for flood control, Bridgeport, Law3 rence County, Illinois.

4 (4) EMBARRAS RIVER, VILLA GROVE, ILLI5 NOIS.—Project for flood control, Embarras River,

6 Villa Grove, Illinois.

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

8 Project for flood control, Frankfort, Will County, Il9 linois.

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

11 Project for flood control, Sumner, Lawrence County,

12 Illinois.

13 (7) VERMILLION RIVER, DEMANADE PARK, LA14 FAYETTE, LOUISIANA.—Project for nonstructural

15 flood control, Vermillion River, Demanade Park, La16 fayette, Louisiana. In carrying out the study and the

17 project (if any) under this paragraph, the Secretary

18 shall use relevant information from the Lafayette

19 Parish feasibility study and expedite completion of

20 the study under this paragraph.

21 (8) VERMILLION RIVER, QUAIL HOLLOW SUB22 DIVISION, LAFAYETTE, LOUISIANA.—Project for non23 structural flood control, Vermillion River, Quail Hol24 low Subdivision, Lafayette, Louisiana. In carrying

25 out the study and the project (if any) under this
16

•HR 3592 IH

1 paragraph, the Secretary shall use relevant informa2 tion from the Lafayette Parish feasibility study and

3 expedite completion of the study under this para4 graph.

5 (9) KAWKAWLIN RIVER, BAY COUNTY, MICHI6 GAN.—Project for flood control, Kawkawlin River,

7 Bay County, Michigan.

8 (10) WHITNEY DRAIN, ARENAC COUNTY, MICHI9 GAN.—Project for flood control, Whitney Drain,

10 Arenac County, Michigan.

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

12 Project for flood control, Festus and Crystal City,

13 Missouri. In carrying out the study and the project

14 (if any) under this paragraph, the Secretary shall

15 use relevant information from the existing reconnais16 sance study and shall expedite completion of the

17 study under this paragraph.

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

19 control, Kimmswick, Missouri. In carrying out the

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

21 the Secretary shall use relevant information from

22 the existing reconnaissance study and shall expedite

23 completion of the study under this paragraph.
17

•HR 3592 IH

1 (13) BUFFALO CREEK, ERIE COUNTY, NEW

2 YORK.—Project for flood control, Buffalo Creek,

3 Erie County, New York.

4 (14) CAZENOVIA CREEK, ERIE COUNTY, NEW

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

6 Erie County, New York.

7 (15) CHEEKTOWAGA, ERIE COUNTY, NEW

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

9 County, New York.

10 (16) FULMER CREEK, VILLAGE OF MOHAWK,

11 NEW YORK.—Project for flood control, Fulmer

12 Creek, Village of Mohawk, New York.

13 (17) MOYER CREEK, VILLAGE OF FRANKFORT,

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

15 Village of Frankfort, New York.

16 (18) SAUQUOIT CREEK, WHITESBORO, NEW

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

18 Whitesboro, New York.

19 (19) STEELE CREEK, VILLAGE OF ILION, NEW

20 YORK.—Project for flood control, Steele Creek, Vil21 lage of Ilion, New York.

22 (20) WILLAMETTE RIVER, OREGON.—Project

23 for nonstructural flood control, Willamette River,

24 Oregon, including floodplain and ecosystem restora25 tion.
18

•HR 3592 IH

1 (21) WILLS CREEK, HYNDMAN, PENNSYLVA2 NIA.—Project for flood control, Wills Creek, Bor3 ough of Hyndman, Pennsylvania. The Secretary

4 shall reevaluate the project taking into consideration

5 recent flooding and shall use relevant information

6 from previous studies to expedite the project. In

7 evaluating and implementing the project, the Sec8 retary shall allow non-Federal interests to partici9 pate in financing of the project in accordance with

10 section 903(c) of the Water Resources Development

11 Act of 1986 to the extent that the Secretary’s eval12 uation indicates that applying such section is nec13 essary to implement the project.

14 (22) NEABSCO CREEK WATERSHED, VIR15 GINIA.—Project for flood control, Neabsco Creek

16 Watershed, Prince William County, Virginia. In

17 evaluating and implementing the project, the Sec18 retary shall allow the non-Federal interest to partici19 pate in financing of the project in accordance with

20 section 903(c) of the Water Resources Development

21 Act of 1986, to the extent that the Secretary’s eval22 uation indicates that applying such section is nec23 essary to implement the project.

24 (23) GREENBRIER RIVER BASIN, WEST VIR25 GINIA.—Project for flood control, consisting of an
19

•HR 3592 IH

1 early flood warning system, Greenbrier River Basin,

2 West Virginia.

3 (b) COST ALLOCATIONS.—

4 (1) LAKE ELSINORE, CALIFORNIA.—The maxi5 mum amount of Federal funds that may be allotted

6 under section 205 of the Flood Control Act of 1948

7 (33 U.S.C. 701s) for the project for flood control,

8 Lake Elsinore, Riverside County, California, shall be

9 $7,500,000.

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

11 maximum amount of Federal funds that may be al12 lotted under such section 205 for the project for

13 flood control, Lost Creek, Columbus, Nebraska, shall

14 be $5,500,000.

15 (3) REVISION OF PROJECT COOPERATION

16 AGREEMENT.—The Secretary shall revise the project

17 cooperation agreement for the projects referred to in

18 paragraphs (1) and (2) in order to take into account

19 the change in the Federal participation in such

20 projects pursuant to such paragraphs.

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

22 shall be construed to affect any cost-sharing require23 ment applicable to the project referred to in para24 graph (1) under the Water Resources Development

25 Act of 1986.
20

•HR 3592 IH

1 SEC. 103. SMALL BANK STABILIZATION PROJECTS.

2 The Secretary shall conduct a study for each of the

3 following projects and, if the Secretary determines that

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

5 section 14 of the Flood Control Act of 1946 (33 U.S.C.

6 701r):

7 (1) ALLEGHENY RIVER AT OIL CITY, PENN8 SYLVANIA.—Project for bank stabilization to address

9 erosion problems affecting the pipeline crossing the

10 Allegheny River at Oil City, Pennsylvania, including

11 measures to address erosion affecting the pipeline in

12 the bed of the Allegheny River and its adjacent

13 banks.

14 (2) CUMBERLAND RIVER, NASHVILLE, TEN15 NESSEE.—Project for bank stabilization, Cum16 berland River, Nashville, Tennessee.

17 (3) TENNESSEE RIVER, HAMILTON COUNTY,

18 TENNESSEE.—Project for bank stabilization, Ten19 nessee River, Hamilton County, Tennessee; except

20 that the maximum amount of Federal funds that

21 may be allotted for the project shall be $7,500,000.

22 SEC. 104. SMALL NAVIGATION PROJECTS.

23 The Secretary shall conduct a study for each of the

24 following projects and, if the Secretary determines that

25 the project is feasible, shall carry out the project under
21

•HR 3592 IH

1 section 107 of the River and Harbor Act of 1960 (33

2 U.S.C. 577):

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

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

5 barrier, including application of innovative tech6 nology involving use of a permeable breakwater.

7 (2) GRAND MARAIS HARBOR BREAKWATER,

8 MICHIGAN.—Project for navigation, Grand Marais

9 Harbor breakwater, Michigan.

10 (3) DULUTH, MINNESOTA.—Project for naviga11 tion, Duluth, Minnesota.

12 (4) TACONITE, MINNESOTA.—Project for navi13 gation, Taconite, Minnesota.

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

15 navigation, Two Harbors, Minnesota.

16 (6) CARUTHERSVILLE HARBOR, PEMISCOT

17 COUNTY, MISSOURI.—Project for navigation,

18 Caruthersville Harbor, Pemiscot County, Missouri,

19 including enlargement of the existing harbor and

20 bank stabilization measures.

21 (7) NEW MADRID COUNTY HARBOR, MIS22 SOURI.—Project for navigation, New Madrid County

23 Harbor, Missouri, including enlargement of the ex24 isting harbor and bank stabilization measures.
22

•HR 3592 IH

1 (8) BROOKLYN, NEW YORK.—Project for navi2 gation, Brooklyn, New York, including restoration of

3 the pier and related navigation support structures,

4 at the Sixty-Ninth Street Pier.

5 (9) BUFFALO INNER HARBOR, BUFFALO, NEW

6 YORK.—Project for navigation, Buffalo Inner Har7 bor, Buffalo, New York.

8 (10) UNION SHIP CANAL, BUFFALO AND LACKA9 WANNA, NEW YORK.—Project for navigation, Union

10 Ship Canal, Buffalo and Lackawanna, New York.

11 SEC. 105. SMALL SHORELINE PROTECTION PROJECTS.

12 (a) PROJECT AUTHORIZATIONS.—The Secretary

13 shall conduct a study for each of the following projects,

14 and if the Secretary determines that the project is feasible,

15 shall carry out the project under section 3 of the Shoreline

16 Protection Act of August 13, 1946 (33 U.S.C. 426g):

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

18 Project for shoreline protection, Faulkner’s Island,

19 Connecticut; except that the maximum amount of

20 Federal funds that may be allotted for the project

21 shall be $4,500,000.

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

23 of additional shoreline protection, Fort Pierce, Flor24 ida.
23

•HR 3592 IH

1 (3) SYLVAN BEACH BREAKWATER, TOWN OF

2 VERONA, ONEIDA COUNTY, NEW YORK.—Project for

3 shoreline protection, Sylvan Beach Breakwater, town

4 of Verona, Oneida County, New York.

5 (b) COST SHARING AGREEMENT.—In carrying out

6 the project authorized by subsection (a)(1), the Secretary

7 shall enter into an agreement with the property owner to

8 determine allocation of the project costs.

9 SEC. 106. SMALL SNAGGING AND SEDIMENT REMOVAL

10 PROJECT, MISSISSIPPI RIVER, LITTLE FALLS,

11 MINNESOTA.

12 The Secretary shall conduct a study for a project for

13 snagging and sediment removal, Mississippi River, Little

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

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

16 3 of the River and Harbor Act of March 2, 1945 (33

17 U.S.C. 603a; 59 Stat. 23).

18 SEC. 107. SMALL PROJECTS FOR IMPROVEMENT OF THE

19 ENVIRONMENT.

20 The Secretary shall conduct a study for each of the

21 following projects and, if the Secretary determines that

22 the project is appropriate, shall carry out the project

23 under section 1135(a) of the Water Resources Develop24 ment Act of 1986 (33 U.S.C. 2309(a)):
24

•HR 3592 IH

1 (1) UPPER TRUCKEE RIVER, EL DORADO COUN2 TY, CALIFORNIA.—Project for environmental restora3 tion, Upper Truckee River, El Dorado County, Cali4 fornia, including measures for restoration of de5 graded wetlands and wildlife enhancement.

6 (2) UPPER JORDAN RIVER, SALT LAKE COUNTY,

7 UTAH.—Project for channel restoration and environ8 mental improvement, Upper Jordan River, Salt Lake

9 County, Utah.

10 TITLE II—GENERALLY

11 APPLICABLE PROVISIONS

12 SEC. 201. COST SHARING FOR DREDGED MATERIAL DIS13 POSAL AREAS.

14 (a) CONSTRUCTION.—Section 101(a) of the Water

15 Resources Development Act of 1986 (33 U.S.C. 2211(a);

16 100 Stat. 4082–4083) is amended—

17 (1) by striking the last sentence of paragraph

18 (2) and inserting the following: ‘‘The value of lands,

19 easements, rights-of-way, and relocations provided

20 under paragraph (3) and the costs of relocations

21 borne by the non-Federal interests under paragraph

22 (4) shall be credited toward the payment required

23 under this paragraph.’’;

24 (2) in paragraph (3)—
25

•HR 3592 IH

1 (A) by inserting ‘‘and’’ after ‘‘rights-of2 way,’’;

3 (B) by striking ‘‘, and dredged material

4 disposal areas’’; and

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

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

7 than utility relocations accomplished under

8 paragraph (4)) that are necessary for dredged

9 material disposal facilities’’ before the period at

10 the end of such paragraph; and

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

12 ‘‘(5) DREDGED MATERIAL DISPOSAL FACILITIES

13 FOR PROJECT CONSTRUCTION.—For purposes of this

14 subsection, the term ‘general navigation features’ in15 cludes constructed land-based and aquatic dredged

16 material disposal facilities that are necessary for the

17 disposal of dredged material and for project con18 struction.’’.

19 (b) OPERATION AND MAINTENANCE.—Section

20 101(b) of such Act (33 U.S.C. 2211(b); 100 Stat. 4083)

21 is amended—

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

23 ‘‘The Federal’’;
26

•HR 3592 IH

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

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

3 ems to the right;

4 (3) by striking ‘‘pursuant to this Act’’ and in5 serting ‘‘by the Secretary pursuant to this Act or

6 any other law approved after the date of the enact7 ment of this Act’’; and

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

9 ‘‘(2) DREDGED MATERIAL DISPOSAL FACILI10 TIES.—The Federal share of the cost of constructing

11 land-based and aquatic dredged material disposal fa12 cilities that are necessary for the disposal of dredged

13 material required for the operation and maintenance

14 of a project and for which a contract for construc15 tion has not been awarded on or before the date of

16 the enactment of this paragraph shall be determined

17 in accordance with subsection (a). The Federal share

18 of operating and maintaining such facilities shall be

19 determined in accordance with paragraph (1).’’.

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

21 U.S.C. 2211(e)(1); 100 Stat. 4083) is amended by strik22 ing ‘‘and to provide dredged material disposal areas and

23 perform’’ and inserting ‘‘including those necessary for

24 dredged material disposal facilities, and to perform’’.
27

•HR 3592 IH

1 (d) CONSIDERATION OF FUNDING REQUIREMENTS

2 AND EQUITABLE APPORTIONMENT.—Section 101 of such

3 Act (33 U.S.C. 2211; 100 Stat. 4082–4084) is further

4 amended by adding at the end the following:

5 ‘‘(f) CONSIDERATION OF FUNDING REQUIREMENTS

6 AND EQUITABLE APPORTIONMENT.—The Secretary shall

7 ensure, to the extent practicable, that funding necessary

8 for operation and maintenance dredging of commercial

9 navigation harbors is provided before Federal funds are

10 obligated for payment of the Federal share of costs associ11 ated with construction of dredged material disposal facili12 ties in accordance with subsections (a) and (b) and that

13 funds expended for such construction are equitably appor14 tioned in accordance with regional needs.’’.

15 (e) ELIGIBLE OPERATIONS AND MAINTENANCE DE16 FINED.—Section 214(2)(A) of such Act (33 U.S.C. 2241;

17 100 Stat. 4108) is amended—

18 (1) by inserting ‘‘Federal’’ after ‘‘means all’’;

19 (2) by inserting ‘‘(i)’’ after ‘‘including’’; and

20 (3) by inserting before the period at the end the

21 following: ‘‘(ii) the construction of dredged material

22 disposal facilities that are necessary for the oper23 ation and maintenance of any harbor or inland har24 bor; (iii) dredging and disposing of contaminated

25 sediments which are in or which affect the mainte-
28

•HR 3592 IH

1 nance of Federal navigation channels; (iv) mitigating

2 for impacts resulting from Federal navigation oper3 ation and maintenance activities; and (v) operating

4 and maintaining dredged material disposal facili5 ties’’.

6 (f) AUTHORIZATION OF APPROPRIATIONS.—Section

7 210 of such Act (33 U.S.C. 2238; 100 Stat. 4106) is

8 amended—

9 (1) by striking ‘‘(a) TRUST FUND.—’’;

10 (2) by striking ‘‘1954’’ and inserting ‘‘1986’’;

11 and

12 (3) by striking subsection (b).

13 SEC. 202. FLOOD CONTROL POLICY.

14 (a) FLOOD CONTROL COST SHARING.—

15 (1) INCREASED NON-FEDERAL CONTRIBU16 TIONS.—Subsections (a) and (b) of section 103 of

17 the Water Resources Development Act of 1986 (33

18 U.S.C. 2213(a) and (b)) are each amended by strik19 ing ‘‘25 percent’’ each place it appears and inserting

20 ‘‘35 percent’’.

21 (2) APPLICABILITY.—The amendments made

22 by paragraph (1) shall apply to projects authorized

23 after the date of the enactment of this Act.

24 (b) ABILITY TO PAY.—
29

•HR 3592 IH

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

2 (33 U.S.C. 2213(m)) is amended to read as follows:

3 ‘‘(m) ABILITY TO PAY.—

4 ‘‘(1) IN GENERAL.—Any cost-sharing agree5 ment under this section for flood control or agricul6 tural water supply shall be subject to the ability of

7 a non-Federal interest to pay.

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

9 of any non-Federal interest to pay shall be deter10 mined by the Secretary in accordance with criteria

11 and procedures in effect on the day before the date

12 of the enactment of the Water Resources Develop13 ment Act of 1996; except that such criteria and pro14 cedures shall be revised within 6 months after the

15 date of such enactment to reflect the requirements

16 of paragraph (3).

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

18 procedures pursuant to paragraph (1), the Sec19 retary—

20 ‘‘(A) shall consider—

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

22 county or counties in which the project is

23 to be located; and

24 ‘‘(ii) the per capita non-Federal cost

25 of construction of the project for the coun-
30

•HR 3592 IH

1 ty or counties in which the project is to be

2 located;

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

4 criteria described in subparagraph (A)) in effect

5 on the day before the date of the enactment of

6 the Water Resources Development Act of 1996;

7 and

8 ‘‘(C) may consider additional criteria relat9 ing to the non-Federal interest’s financial abil10 ity to carry out its cost-sharing responsibilities,

11 to the extent that the application of such cri12 teria does not eliminate areas from eligibility

13 for a reduction in the non-Federal share as de14 termined under subparagraph (A).

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

16 section 103(a), the Secretary shall reduce or elimi17 nate the requirement that a non-Federal interest

18 make a cash contribution for any project that is de19 termined to be eligible for a reduction in the non20 Federal share under procedures in effect under

21 paragraphs (1), (2), and (3).’’.

22 (2) APPLICABILITY.—

23 (A) GENERALLY.—Subject to subpara24 graph (C), the amendment made by paragraph

25 (1) shall apply to any project, or separable ele-
31

•HR 3592 IH

1 ment thereof, with respect to which the Sec2 retary and the non-Federal interest have not

3 entered into a project cooperation agreement on

4 or before the date of the enactment of this Act.

5 (B) AMENDMENT OF COOPERATION

6 AGREEMENT.—If requested by the non-Federal

7 interest, the Secretary shall amend a project co8 operation agreement executed on or before the

9 date of the enactment of this Act to reflect the

10 application of the amendment made by para11 graph (1) for any project for which a contract

12 for construction has not been awarded on or be13 fore such date of enactment.

14 (C) NON-FEDERAL OPTION.—If requested

15 by the non-Federal interest, the Secretary shall

16 apply the criteria and procedures established

17 pursuant to section 103(m) of the Water Re18 sources Development Act of 1986 as in effect

19 on the day before the date of the enactment of

20 this Act for projects that are authorized before

21 the date of the enactment of this Act.

22 (c) FLOOD PLAIN MANAGEMENT PLANS.—

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

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

25 read as follows:
32

•HR 3592 IH

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

2 ‘‘(a) COMPLIANCE WITH FLOOD PLAIN MANAGE3 MENT AND INSURANCE PROGRAMS.—Before construction

4 of any project for local flood protection or any project for

5 hurricane or storm damage reduction and involving Fed6 eral assistance from the Secretary, the non-Federal inter7 est shall agree to participate in and comply with applicable

8 Federal flood plain management and flood insurance pro9 grams.

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

11 year after the date of signing a project cooperation agree12 ment for construction of a project to which subsection (a)

13 applies, the non-Federal interest shall prepare a flood

14 plain management plan designed to reduce the impacts of

15 future flood events in the project area. Such plan shall

16 be implemented by the non-Federal interest not later than

17 1 year after completion of construction of the project.

18 ‘‘(c) GUIDELINES.—

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

20 date of the enactment of this subsection, the Sec21 retary shall develop guidelines for preparation of

22 flood plain management plans by non-Federal inter23 ests under subsection (b). Such guidelines shall ad24 dress potential measures, practices and policies to

25 reduce loss of life, injuries, damages to property and

26 facilities, public expenditures, and other adverse im-
33

•HR 3592 IH

1 pacts associated with flooding and to preserve and

2 enhance natural flood plain values.

3 ‘‘(2) LIMITATION ON STATUTORY CONSTRUC4 TION.—Nothing in this subsection shall be construed

5 to confer any regulatory authority upon the Sec6 retary.

7 ‘‘(d) TECHNICAL SUPPORT.—The Secretary is au8 thorized to provide technical support to a non-Federal in9 terest for a project to which subsection (a) applies for the

10 development and implementation of plans prepared under

11 subsection (b).’’.

12 (2) APPLICABILITY.—The amendment made by

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

14 element thereof with respect to which the Secretary

15 and the non-Federal interest have not entered into

16 a project cooperation agreement on or before the

17 date of the enactment of this Act.

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

19 (1) REVIEW.—The Secretary shall conduct a re20 view of policies, procedures, and techniques relating

21 to the evaluation and development of flood control

22 measures with a view toward identifying impedi23 ments that may exist to justifying non-structural

24 flood control measures as alternatives to structural

25 measures.
34

•HR 3592 IH

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

2 date of the enactment of this Act, the Secretary

3 shall transmit to Congress a report on the findings

4 on the review conducted under this subsection, to5 gether with any recommendations for modifying ex6 isting law to remove any impediments identified

7 under such review.

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

9 Act entitled ‘‘An Act authorizing the construction of cer10 tain public works on rivers and harbors for flood control,

11 and for other purposes’’, approved August 18, 1941 (33

12 U.S.C. 701n(a)(1)), is amended by inserting before the

13 first semicolon the following: ‘‘, or in implementation of

14 nonstructural alternatives to the repair or restoration of

15 such flood control work if requested by the non-Federal

16 sponsor’’.

17 SEC. 203. FEASIBILITY STUDY COST-SHARING.

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

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

20 2215(a)(1)) is amended—

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

22 the period of such study’’;

23 (2) by inserting after the first sentence the fol24 lowing: ‘‘During the period of the study, the non25 Federal share of the cost of the study shall be not
35

•HR 3592 IH

1 more than 50 percent of the estimate of the cost

2 of the study as contained in the feasibility cost-shar3 ing agreement. The cost estimate may be amended

4 only by mutual agreement of the Secretary and the

5 non-Federal interests. The non-Federal share of any

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

7 otherwise mutually agreed by the Secretary and the

8 non-Federal interests, be payable after the project

9 has been authorized for construction and on the date

10 on which the Secretary and non-Federal interests

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

12 or 103(j). In the event the project which is the sub13 ject of the study is not authorized within the earlier

14 of 5 years of the date of the final report of the Chief

15 of Engineers concerning such study or 2 years of

16 the date of termination of the study, the non-Fed17 eral share of any such excess costs shall be paid to

18 the United States on the last day of such period.’’;

19 and

20 (3) in the second sentence, by striking ‘‘such

21 non-Federal contribution’’ and inserting ‘‘the non22 Federal share required under this paragraph’’.

23 (b) APPLICABILITY.—The amendments made by sub24 section (a) shall apply notwithstanding any feasibility cost25 sharing agreement entered into by the Secretary and non-
36

•HR 3592 IH

1 Federal interests. Upon request of the non-Federal inter2 est, the Secretary shall amend any feasibility cost-sharing

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

4 so as to conform the agreements with the amendments.

5 (c) LIMITATION ON STATUTORY CONSTRUCTION.—

6 Nothing in this section or any amendment made by this

7 section shall require the Secretary to reimburse the non8 Federal interests for funds previously contributed for a

9 study.

10 SEC. 204. RESTORATION OF ENVIRONMENTAL QUALITY.

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

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

13 2309a(a)) is amended—

14 (1) by striking ‘‘the operation of’’; and

15 (2) by inserting before the period at the end the

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

17 projects has contributed to the degradation of the

18 quality of the environment’’.

19 (b) PROGRAM OF PROJECTS.—Section 1135(b) of

20 such Act is amended by striking the last 2 sentences of

21 subsection (b).

22 (c) RESTORATION OF ENVIRONMENTAL QUALITY.—

23 Section 1135 of such Act is further amended—

24 (1) by redesignating subsections (c), (d), and

25 (e) as subsections (e), (f), and (g), respectively;
37

•HR 3592 IH

1 (2) by inserting after subsection (b) the follow2 ing new subsections:

3 ‘‘(c) RESTORATION OF ENVIRONMENTAL QUALITY.—

4 If the Secretary determines that construction of a water

5 resource project by the Secretary or operation of a water

6 resources project constructed by the Secretary has contrib7 uted to the degradation of the quality of the environment,

8 the Secretary may undertake measures for restoration of

9 environmental quality and measures for enhancement of

10 environmental quality that are associated with the restora11 tion, either through modifications at the project site or

12 at other locations that have been affected by the construc13 tion or operation of the project, if such measures do not

14 conflict with the authorized project purposes.

15 ‘‘(d) NON-FEDERAL SHARE; LIMITATION ON MAXI16 MUM FEDERAL EXPENDITURE.—The non-Federal share

17 of the cost of any modifications or measures carried out

18 or undertaken pursuant to subsection (b) or (c) of this

19 section shall be 25 percent. Not more than 80 percent of

20 the non-Federal share may be in kind, including a facility,

21 supply, or service that is necessary to carry out the modi22 fication. No more than $5,000,000 in Federal funds may

23 be expended on any single modification or measure carried

24 out or undertaken pursuant to this section.’’; and
38

•HR 3592 IH

1 (3) in subsection (f), as so redesignated, by

2 striking ‘‘program conducted under subsection (b)’’

3 and inserting ‘‘programs conducted under sub4 sections (b) and (c)’’.

5 (d) DEFINITION.—Section 1135 of such Act is fur6 ther amended by adding at the end the following:

7 ‘‘(g) DEFINITION.—In this section the term ‘water

8 resources project constructed by the Secretary’ includes

9 a water resources project constructed or funded jointly by

10 the Secretary and the head of any other Federal agency

11 (including the Natural Resources Conservation Service).’’.

12 SEC. 205. ENVIRONMENTAL DREDGING.

13 Section 312 of the Water Resources Development Act

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

15 (1) in each of subsections (a), (b), and (c) by

16 inserting ‘‘and remediate’’ after ‘‘remove’’ each place

17 it appears;

18 (2) in subsection (b)(1) by inserting ‘‘and reme19 diation’’ after ‘‘removal’’ each place it appears;

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

21 ‘‘$10,000,000’’ and inserting ‘‘$30,000,000’’; and

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

23 following:

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

25 give priority to work in the following areas:
39

•HR 3592 IH

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

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

3 ‘‘(3) Ashtabula River, Ohio.

4 ‘‘(4) Mahoning River, Ohio.

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

6 SEC. 206. AQUATIC ECOSYSTEM RESTORATION.

7 (a) GENERAL AUTHORITY.—The Secretary is author8 ized to carry out aquatic ecosystem restoration and protec9 tion projects when the Secretary determines that such

10 projects will improve the quality of the environment and

11 are in the public interest and that the environmental and

12 economic benefits, both monetary and nonmonetary, of the

13 project to be undertaken pursuant to this section justify

14 the cost.

15 (b) COST SHARING.—Non-Federal interests shall

16 provide 50 percent of the cost of construction of any

17 project carried out under this section, including provision

18 of all lands, easements, rights-of-way, and necessary relo19 cations.

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

21 this section shall be initiated only after a non-Federal in22 terest has entered into a binding agreement with the Sec23 retary to pay the non-Federal share of the costs of con24 struction required by this section and to pay 100 percent

25 of any operation, maintenance, and replacement and reha-
40

•HR 3592 IH

1 bilitation costs with respect to the project in accordance

2 with regulations prescribed by the Secretary.

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

4 in Federal funds may be allotted under this section for

5 a project at any single locality.

6 (e) FUNDING.—There is authorized to be appro7 priated not to exceed $25,000,000 annually to carry out

8 this section.

9 SEC. 207. RECREATION POLICY AND USER FEES.

10 (a) RECREATION POLICIES.—

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

12 increased emphasis on and opportunities for recre13 ation at water resources projects operated, main14 tained, or constructed by the Corps of Engineers.

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

16 date of the enactment of this Act, the Secretary

17 shall transmit to Congress a report on specific meas18 ures taken to implement this subsection.

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

20 Flood Control Act of 1968 (16 U.S.C. 460d–3(b)) is

21 amended by adding at the end the following:

22 ‘‘(5) USE OF FEES COLLECTED AT FACILITY.—

23 Subject to advance appropriations, the Secretary of

24 the Army shall ensure that at least an amount equal

25 to the total amount of fees collected at any project
41

•HR 3592 IH

1 under this subsection in a fiscal year beginning after

2 September 30, 1996, are expended in the succeeding

3 fiscal year at such project for operation and mainte4 nance of recreational facilities at such project.’’.

5 SEC. 208. RECOVERY OF COSTS.

6 Amounts recovered under section 107 of the Com7 prehensive Environmental Response, Compensation, and

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

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

10 Works program and any other amounts recovered by the

11 Secretary from a contractor, insurer, surety, or other per12 son to reimburse the Army for any expenditure for envi13 ronmental response activities in support of the Army civil

14 works program shall be credited to the appropriate trust

15 fund account from which the cost of such response action

16 has been paid or will be charged.

17 SEC. 209. COST SHARING OF ENVIRONMENTAL PROJECTS.

18 (a) IN GENERAL.—Section 103(c) of the Water Re19 sources Development Act of 1986 (33 U.S.C. 2213(c)) is

20 amended—

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

22 (5);

23 (2) by striking the period at the end of para24 graph (6) and inserting ‘‘; and’’; and
42

•HR 3592 IH

1 (3) by inserting after paragraph (6) the follow2 ing new paragraph:

3 ‘‘(7) subject to section 906 of this Act, environ4 mental protection and restoration: 50 percent.’’.

5 (b) APPLICABILITY.—The amendments made by sub6 section (a) apply only to projects authorized after the date

7 of the enactment of this Act.

8 SEC. 210. CONSTRUCTION OF FLOOD CONTROL PROJECTS

9 BY NON-FEDERAL INTERESTS.

10 (a) AUTHORITY.—Non-Federal interests are author11 ized to undertake flood control projects in the United

12 States, subject to obtaining any permits required pursuant

13 to Federal and State laws in advance of actual construc14 tion.

15 (b) STUDIES AND DESIGN ACTIVITIES.—

16 (1) BY NON-FEDERAL INTERESTS.—A non-Fed17 eral interest may prepare, for review and approval

18 by the Secretary, the necessary studies and design

19 documents for any construction to be undertaken

20 pursuant to subsection (a).

21 (2) BY SECRETARY.—Upon request of an ap22 propriate non-Federal interest, the Secretary may

23 undertake all necessary studies and design activities

24 for any construction to be undertaken pursuant to

25 subsection (a) and provide technical assistance in ob-
43

•HR 3592 IH

1 taining all necessary permits for such construction

2 if the non-Federal interest contracts with the Sec3 retary to furnish the United States funds for the

4 studies and design activities during the period that

5 the studies and design activities will be conducted.

6 (c) COMPLETION OF STUDIES AND DESIGN ACTIVI7 TIES.—In the case of any study or design documents for

8 a flood control project that were initiated before the date

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

10 to complete and transmit to the appropriate non-Federal

11 interests the study or design documents or, upon the re12 quest of such non-Federal interests, to terminate the

13 study or design activities and transmit the partially com14 pleted study or design documents to such non-Federal in15 terests for completion. Studies and design documents sub16 ject to this subsection shall be completed without regard

17 to the requirements of subsection (b).

18 (d) AUTHORITY TO CARRY OUT IMPROVEMENT.—

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

20 which has received from the Secretary pursuant to

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

22 carry out a flood control project or separable ele23 ment thereof based on the results of completed stud24 ies and design documents for the project or element,

25 may carry out the project or element if a final envi-
44

•HR 3592 IH

1 ronmental impact statement has been filed for the

2 project or element.

3 (2) PERMITS.—Any plan of improvement pro4 posed to be implemented in accordance with this

5 subsection shall be deemed to satisfy the require6 ments for obtaining the appropriate permits required

7 under the Secretary’s authority and such permits

8 shall be granted subject to the non-Federal interest’s

9 acceptance of the terms and conditions of such per10 mits if the Secretary determines that the applicable

11 regulatory criteria and procedures have been satis12 fied.

13 (3) MONITORING.—The Secretary shall monitor

14 any project for which a permit is granted under this

15 subsection in order to ensure that such project is

16 constructed, operated, and maintained in accordance

17 with the terms and conditions of such permit.

18 (e) REIMBURSEMENT.—

19 (1) GENERAL RULE.—Subject to appropriation

20 Acts, the Secretary is authorized to reimburse any

21 non-Federal interest an amount equal to the esti22 mate of the Federal share, without interest, of the

23 cost of any authorized flood control project, or sepa24 rable element thereof, constructed pursuant to this

25 section—
45

•HR 3592 IH

1 (A) if, after authorization and before initi2 ation of construction of the project or separable

3 element, the Secretary approves the plans for

4 construction of such project by the non-Federal

5 interest; and

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

7 studies and design documents prepared pursu8 ant to this section, that construction of the

9 project or separable element is economically jus10 tified and environmentally acceptable.

11 (2) MATTERS TO BE CONSIDERED IN REVIEW12 ING PLANS.—In reviewing plans under this sub13 section, the Secretary shall consider budgetary and

14 programmatic priorities and other factors that the

15 Secretary deems appropriate.

16 (3) MONITORING.—The Secretary shall regu17 larly monitor and audit any project for flood control

18 approved for construction under this section by a

19 non-Federal interest in order to ensure that such

20 construction is in compliance with the plans ap21 proved by the Secretary and that the costs are rea22 sonable.

23 (4) LIMITATION ON REIMBURSEMENTS.—No re24 imbursement shall be made under this section unless

25 and until the Secretary has certified that the work
46

•HR 3592 IH

1 for which reimbursement is requested has been per2 formed in accordance with applicable permits and

3 approved plans.

4 (f) SPECIFIC PROJECTS.—For the purpose of dem5 onstrating the potential advantages and effectiveness of

6 non-Federal implementation of flood control projects, the

7 Secretary shall enter into agreements pursuant to this sec8 tion with non-Federal interests for development of the fol9 lowing flood control projects by such interests:

10 (1) BRAYS BAYOU, TEXAS.—Flood control com11 ponents comprising the Brays Bayou element of the

12 project for flood control, Buffalo Bayou and Tribu13 taries, Texas, authorized by section 101(a)(21) of

14 the Water Resources Development Act of 1990 (104

15 Stat. 4610); except that the non-Federal interest

16 may design and construct an alternative to the di17 version component of such element.

18 (2) HUNTING BAYOU, TEXAS.—The Hunting

19 Bayou element of the project for flood control, Buf20 falo Bayou and Tributaries, Texas, authorized by

21 such section; except that the non-Federal interest

22 may design and construct an alternative to such ele23 ment.
47

•HR 3592 IH

1 (3) WHITE OAK BAYOU, TEXAS.—The project

2 for flood control, White Oak Bayou watershed,

3 Texas.

4 (g) TREATMENT OF FLOOD DAMAGE PREVENTION

5 MEASURES.—For the purposes of this section, flood dam6 age prevention measures at or in the vicinity of Morgan

7 City and Berwick, Louisiana, shall be treated as an au8 thorized element of the Atchafalaya Basin feature of the

9 project for flood control, Mississippi River and Tribu10 taries.

11 SEC. 211. ENGINEERING AND ENVIRONMENTAL INNOVA12 TIONS OF NATIONAL SIGNIFICANCE.

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

14 innovative and environmentally sound engineering solu15 tions and innovative environmental solutions to problems

16 of national significance, the Secretary may undertake sur17 veys, plans, and studies and prepare reports which may

18 lead to work under existing civil works authorities or to

19 recommendations for authorizations.

20 (b) FUNDING.—

21 (1) AUTHORIZATION OF APPROPRIATIONS.—

22 There is authorized to be appropriated to carry out

23 this section $3,000,000 for each fiscal year begin24 ning after September 30, 1996.
48

•HR 3592 IH

1 (2) FUNDING FROM OTHER SOURCES.—The

2 Secretary may accept and expend additional funds

3 from other Federal agencies, States, or non-Federal

4 entities for purposes of carrying out this section.

5 SEC. 212. LEASE AUTHORITY.

6 Notwithstanding any other provision of law, the Sec7 retary may lease space available in buildings for which

8 funding for construction or purchase was provided from

9 the revolving fund established by the 1st section of the

10 Civil Functions Appropriations Act, 1954 (33 U.S.C. 576;

11 67 Stat. 199) under such terms and conditions as are ac12 ceptable to the Secretary. The proceeds from such leases

13 shall be credited to the revolving fund for the purposes

14 set forth in such Act.

15 SEC. 213. COLLABORATIVE RESEARCH AND DEVELOPMENT.

16 (a) FUNDING FROM OTHER FEDERAL SOURCES.—

17 Section 7 of the Water Resources Development Act of

18 1988 (102 Stat. 4022–4023) is amended—

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

20 before ‘‘mission’’; and

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

22 following:

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

24 The Secretary may accept and expend additional funds

25 from other Federal programs, including other Department
49

•HR 3592 IH

1 of Defense programs, to carry out the purposes of this

2 section.’’.

3 (b) PRE-AGREEMENT TEMPORARY PROTECTION OF

4 TECHNOLOGY.—Such section 7 is further amended—

5 (1) by redesignating subsections (b), (c), (d),

6 and (e) as subsections (c), (d), (e), and (f), respec7 tively;

8 (2) by inserting after subsection (a) the follow9 ing new subsection:

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

11 TECHNOLOGY.—

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

13 that information developed as a result of research

14 and development activities conducted by the Corps of

15 Engineers is likely to be subject to a cooperative re16 search and development agreement within 2 years of

17 its development and that such information would be

18 a trade secret or commercial or financial information

19 that would be privileged or confidential if the infor20 mation had been obtained from a non-Federal party

21 participating in a cooperative research and develop22 ment agreement under section 12 of the Stevenson23 Wydler Technology Innovation Act of 1980, the Sec24 retary may provide appropriate protection against

25 the dissemination of such information, including ex-
50

•HR 3592 IH

1 emption from subchapter II of chapter 5 of title 5,

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

3 Secretary enters into such an agreement with re4 spect to such technology or the last day of the 2-

5 year period beginning on the date of such determina6 tion.

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

8 this section which becomes the subject of a coopera9 tive research and development agreement shall be

10 accorded the protection provided under section

11 12(c)(7)(B) of such Act (15 U.S.C. 3710a(c)(7)(B))

12 as if such technology had been developed under a co13 operative research and development agreement.’’;

14 and

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

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

17 SEC. 214. DAM SAFETY PROGRAM.

18 Section 13 of the Act entitled ‘‘An Act to authorize

19 the Secretary of the Army to undertake a national pro20 gram of inspection of dams’’, approved August 8, 1972

21 (33 U.S.C. 467l; Public Law 92–367), is amended by

22 striking the second sentence and inserting the following:

23 ‘‘There is authorized to be appropriated $500,000 for each

24 fiscal year for the purpose of carrying out this section.’’.
51

•HR 3592 IH

1 SEC. 215. MAINTENANCE, REHABILITATION, AND MOD2 ERNIZATION OF FACILITIES.

3 In accomplishing the maintenance, rehabilitation, and

4 modernization of hydroelectric power generating facilities

5 at water resources projects under the jurisdiction of the

6 Department of the Army, the Secretary is authorized to

7 increase the efficiency of energy production and the capac8 ity of these facilities if, after consulting with other appro9 priate Federal and State agencies, the Secretary deter10 mines that such uprating—

11 (1) is economically justified and financially fea12 sible;

13 (2) will not result in significant adverse effects

14 on the other purposes for which the project is au15 thorized;

16 (3) will not result in significant adverse envi17 ronmental impacts; and

18 (4) will not involve major structural or oper19 ation changes in the project.

20 SEC. 216. LONG-TERM SEDIMENT MANAGEMENT STRATE21 GIES.

22 (a) DEVELOPMENT.—The Secretary shall enter into

23 cooperative agreements with non-Federal sponsors of navi24 gation projects for development of long-term management

25 strategies for controlling sediments in such projects.
52

•HR 3592 IH

1 (b) CONTENTS OF STRATEGIES.—Each strategy de2 veloped under this section for a navigation project—

3 (1) shall include assessments of the following

4 with respect to the project: sediment rates and com5 position, sediment reduction options, dredging prac6 tices, long-term management of any dredged mate7 rial disposal facilities, remediation of such facilities,

8 and alternative disposal and reuse options;

9 (2) shall include a timetable for implementation

10 of the strategy; and

11 (3) shall incorporate, as much as possible, rel12 evant ongoing planning efforts, including remedial

13 action planning, dredged material management plan14 ning, harbor and waterfront development planning,

15 and watershed management planning.

16 (c) CONSULTATION.—In developing strategies under

17 this section, the Secretary shall consult with interested

18 Federal agencies, States, and Indian tribes and provide

19 an opportunity for public comment.

20 SEC. 217. DREDGED MATERIAL DISPOSAL FACILITY PART21 NERSHIPS.

22 (a) ADDITIONAL CAPACITY.—

23 (1) PROVIDED BY SECRETARY.—At the request

24 of a non-Federal project sponsor, the Secretary may

25 provide additional capacity at a dredged material
53

•HR 3592 IH

1 disposal facility constructed by the Department of

2 the Army beyond that which would be required for

3 project purposes if the non-Federal project sponsor

4 agrees to pay, during the period of construction, all

5 costs associated with the construction of the addi6 tional capacity.

7 (2) COST RECOVERY AUTHORITY.—The non8 Federal project sponsor may recover the costs as9 signed to the additional capacity through fees as10 sessed on 3rd parties whose dredged material is de11 posited in the facility and who enter into agreements

12 with the non-Federal sponsor for the use of such fa13 cility. The amount of such fees may be determined

14 by the non-Federal sponsor.

15 (b) NON-FEDERAL USE OF DISPOSAL FACILITIES.—

16 (1) IN GENERAL.—The Secretary—

17 (A) may permit the use of any dredged

18 material disposal facility under the jurisdiction

19 of, or managed by, the Secretary by a non-Fed20 eral interest if the Secretary determines that

21 such use will not reduce the availability of the

22 facility for project purposes; and

23 (B) may impose fees to recover capital, op24 eration, and maintenance costs associated with

25 such use.
54

•HR 3592 IH

1 (2) USE OF FEES.—Notwithstanding section

2 401(c) of the Federal Water Pollution Control Act

3 but subject to advance appropriations, any monies

4 received through collection of fees under this sub5 section shall be available to the Secretary, and shall

6 be used by the Secretary, for the operation and

7 maintenance of the disposal facility from which they

8 were collected.

9 SEC. 218. OBSTRUCTION REMOVAL REQUIREMENT.

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

11 1899 (33 U.S.C. 411; 30 Stat. 1153), is amended—

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

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

14 (2) by striking ‘‘not exceeding twenty-five hun15 dred dollars nor less than five hundred dollars’’ and

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

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

18 March 3, 1899 (33 U.S.C. 415; 30 Stat. 1154), is amend19 ed—

20 (1) by striking ‘‘expense’’ the first place it ap21 pears in subsection (a) and inserting ‘‘actual ex22 pense, including administrative expenses,’’;

23 (2) in subsection (b) by striking ‘‘cost’’ and in24 serting ‘‘actual cost, including administrative

25 costs,’’;
55

•HR 3592 IH

1 (3) by redesignating subsection (b) as sub2 section (c); and

3 (4) by inserting after subsection (a) the follow4 ing new subsection:

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

6 after the Secretary of the Department in which the Coast

7 Guard is operating issues an order to stop or delay naviga8 tion in any navigable waters of the United States because

9 of conditions related to the sinking or grounding of a ves10 sel, the owner or operator of the vessel, with the approval

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

12 vessel using the most expeditious removal method avail13 able or, if appropriate, secure the vessel pending removal

14 to allow navigation to resume. If the owner or operator

15 fails to begin removal or to secure the vessel pending re16 moval or fails to complete removal as soon as possible,

17 the Secretary of the Army shall remove or destroy the ves18 sel using the summary removal procedures under sub19 section (a) of this section.’’.

20 SEC. 219. SMALL PROJECT AUTHORIZATIONS.

21 Section 14 of the Flood Control Act of 1946 (33

22 U.S.C. 701r) is amended—

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

24 ‘‘$15,000,000’’; and
56

•HR 3592 IH

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

2 ‘‘$1,500,000’’.

3 SEC. 220. UNECONOMICAL COST-SHARING REQUIREMENTS.

4 Section 221(a) of the Flood Control Act of 1970 (42

5 U.S.C. 1962d–5b) is amended by striking the period at

6 the end of the first sentence and inserting the following:

7 ‘‘; except that no such agreement shall be required if the

8 Secretary determines that the administrative costs associ9 ated with negotiating, executing, or administering the

10 agreement would exceed the amount of the contribution

11 required from the non-Federal interest and are less than

12 $25,000.’’.

13 SEC. 221. PLANNING ASSISTANCE TO STATES.

14 Section 22 of the Water Resources Development Act

15 of 1974 (42 U.S.C. 1962d–16) is amended—

16 (1) in subsection (a) by inserting ‘‘, watersheds,

17 or ecosystems’’ after ‘‘basins’’;

18 (2) in subsection (b)—

19 (A) by striking paragraph (2); and

20 (B) by redesignating paragraphs (3) and

21 (4) as paragraphs (2) and (3), respectively; and

22 (3) in subsection (c)—

23 (A) by striking ‘‘$6,000,000’’ and inserting

24 ‘‘$10,000,000’’; and
57

•HR 3592 IH

1 (B) by striking ‘‘$300,000’’ and inserting

2 ‘‘$500,000’’.

3 SEC. 222. CORPS OF ENGINEERS’ EXPENSES.

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

5 U.S.C. 701u; 64 Stat. 183) is amended—

6 (1) by striking ‘‘continental limits of the’’; and

7 (2) by striking the 2d colon and all that follows

8 through ‘‘for this purpose’’.

9 SEC. 223. STATE AND FEDERAL AGENCY REVIEW PERIOD.

10 The 1st section of the Act entitled ‘‘An Act authoriz11 ing the construction of certain public works on rivers and

12 harbors for flood control, and other purposes’’, approved

13 December 22, 1944 (33 U.S.C. 701–1(a); 58 Stat. 888),

14 is amended—

15 (1) by striking ‘‘Within ninety’’ and inserting

16 ‘‘Within 30’’; and

17 (2) by striking ‘‘ninety-day period.’’ and insert18 ing ‘‘30-day period.’’.

19 SEC. 224. LIMITATION ON REIMBURSEMENT OF NON-FED20 ERAL COSTS PER PROJECT.

21 Section 215(a) of the Flood Control Act of 1968 (42

22 U.S.C. 1962d–5a(a)) is amended—

23 (1) by striking ‘‘$3,000,000’’ and inserting

24 ‘‘$5,000,000’’; and

25 (2) by striking the final period.
58

•HR 3592 IH

1 SEC. 225. AQUATIC PLANT CONTROL.

2 (a) ADDITIONAL CONTROLLED PLANTS.—Section

3 104(a) of the River and Harbor Act of 1958 (33 U.S.C.

4 610(a)) is amended by inserting after ‘‘alligatorweed,’’ the

5 following: ‘‘melaleuca,’’.

6 (b) AUTHORIZATION.—Section 104(b) of such Act

7 (33 U.S.C. 610(b)) is amended by striking ‘‘$12,000,000’’

8 and inserting ‘‘$15,000,000’’.

9 SEC. 226. SEDIMENTS DECONTAMINATION TECHNOLOGY.

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

11 Water Resources Development Act of 1992 (33 U.S.C.

12 2239 note; 106 Stat. 4863) is amended by adding at the

13 end the following:

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

15 project to be carried out under this section is to pro16 vide for the development of 1 or more sediment de17 contamination technologies on a pilot scale dem18 onstrating a capacity of at least 500,000 cubic yards

19 per year.’’.

20 (b) AUTHORIZATION OF APPROPRIATIONS.—The first

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

22 as follows: ‘‘There is authorized to be appropriated to

23 carry out this section $10,000,000 for fiscal years begin24 ning after September 30, 1996.’’.

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

26 by adding at the end the following:
59

•HR 3592 IH

1 ‘‘(d) REPORTS.—Not later than September 30, 1998,

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

4 of the project to be carried out under this section, includ5 ing an assessment of the progress made in achieving the

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

7 SEC. 227. PROJECT DEAUTHORIZATIONS.

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

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

10 579a(b)(2)) is amended—

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

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

13 (2) by inserting ‘‘planning, designing, or’’ be14 fore ‘‘construction’’ in the last sentence.

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

16 Water Resources Development Act of 1988 (33 U.S.C.

17 579a note; 102 Stat. 4044) is amended—

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

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

20 and (e) as subsections (a), (b), (c), and (d), respec21 tively.

22 SEC. 228. SUPPORT OF ARMY CIVIL WORKS PROGRAM.

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

24 and development in support of the civil works program of

25 the Department of the Army, the Secretary may utilize
60

•HR 3592 IH

1 contracts, cooperative research and development agree2 ments, cooperative agreements, and grants with non-Fed3 eral entities, including State and local governments, col4 leges and universities, consortia, professional and tech5 nical societies, public and private scientific and technical

6 foundations, research institutions, educational organiza7 tions, and non-profit organizations.

8 (b) SPECIAL RULES.—With respect to contracts for

9 research and development, the Secretary may include re10 quirements that have potential commercial application and

11 may also use such potential application as an evaluation

12 factor where appropriate.

13 SEC. 229. BENEFITS TO NAVIGATION.

14 In evaluating potential improvements to navigation

15 and the maintenance of navigation projects, the Secretary

16 shall consider, and include for purposes of project jus17 tification, economic benefits generated by cruise ships as

18 commercial navigation benefits.

19 SEC. 230. LOSS OF LIFE PREVENTION.

20 Section 904 of the Water Resources Development Act

21 of 1986 (33 U.S.C. 2281) is amended by inserting ‘‘in22 cluding the loss of life which may be associated with flood23 ing and coastal storm events,’’ after ‘‘costs,’’.
61

•HR 3592 IH

1 SEC. 231. SCENIC AND AESTHETIC CONSIDERATIONS.

2 In conducting studies of potential water resources

3 projects, the Secretary shall consider measures to preserve

4 and enhance scenic and aesthetic qualities in the vicinity

5 of such projects.

6 SEC. 232. REMOVAL OF STUDY PROHIBITIONS.

7 Nothing in section 208 of the Urgent Supplemental

8 Appropriations Act, 1986 (100 Stat. 749), section 505 of

9 the Energy and Water Development Appropriations Act,

10 1993 (106 Stat. 1343), or any other provision of law shall

11 be deemed to limit the authority of the Secretary to under12 take studies for the purpose of investigating alternative

13 modes of financing hydroelectric power facilities under the

14 jurisdiction of the Department of the Army with funds ap15 propriated after the date of the enactment of this Act.

16 SEC. 233. SENSE OF CONGRESS; REQUIREMENT REGARD17 ING NOTICE.

18 (a) PURCHASE OF AMERICAN-MADE EQUIPMENT

19 AND PRODUCTS.—It is the sense of Congress that, to the

20 greatest extent practicable, all equipment and products

21 purchased with funds made available under this Act

22 should be American-made.

23 (b) NOTICE TO RECIPIENTS OF ASSISTANCE.—In

24 providing financial assistance under this Act, the Sec25 retary, to the greatest extent practicable, shall provide to
62

•HR 3592 IH

1 each recipient of the assistance a notice describing the

2 statement made in subsection (a).

3 SEC. 234. RESERVOIR MANAGEMENT TECHNICAL ADVISORY

4 COMMITTEE.

5 Section 310 of the Water Resources Development Act

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

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

8 (2) by striking ‘‘(b) PUBLIC PARTICIPA9 TION.—’’.

10 SEC. 235. TECHNICAL CORRECTIONS.

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

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

13 4826) is amended by striking ‘‘(8662)’’ and inserting

14 ‘‘(8862)’’.

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

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

17 4838) is amended by striking ‘‘(8662)’’ in the second sen18 tence and inserting ‘‘(8862)’’.

19 TITLE III—PROJECT

20 MODIFICATIONS

21 SEC. 301. MOBILE HARBOR, ALABAMA.

22 The undesignated paragraph under the heading ‘‘MO23 BILE HARBOR, ALABAMA’’ in section 201(a) of the Water

24 Resources Development Act of 1986 (100 Stat. 4090) is

25 amended by striking the first semicolon and all that fol-
63

•HR 3592 IH

1 lows and inserting a period and the following: ‘‘In dispos2 ing of dredged material from such project, the Secretary,

3 after compliance with applicable laws and after oppor4 tunity for public review and comment, may consider alter5 natives to disposal of such material in the Gulf of Mexico,

6 including environmentally acceptable alternatives for bene7 ficial uses of dredged material and environmental restora8 tion.’’.

9 SEC. 302. ALAMO DAM, ARIZONA.

10 The project for flood control and other purposes,

11 Alamo Dam and Lake, Arizona, authorized by section 10

12 of the River and Harbor Act of December 22, 1944, (58

13 Stat. 900), is modified to authorize the Secretary to oper14 ate the Alamo Dam to provide fish and wildlife benefits

15 both upstream and downstream of the Dam. Such oper16 ation shall not reduce flood control and recreation benefits

17 provided by the project.

18 SEC. 303. NOGALES WASH AND TRIBUTARIES, ARIZONA.

19 The project for flood control, Nogales Wash and trib20 utaries, Arizona, authorized by section 101(a)(4) of the

21 Water Resources Development Act of 1990 (104 Stat.

22 4606), is modified to direct the Secretary to permit the

23 non-Federal contribution for the project to be determined

24 in accordance with sections 103(k) and 103(m) of the

25 Water Resources Development Act of 1986 and to direct
64

•HR 3592 IH

1 the Secretary to enter into negotiations with non-Federal

2 interests pursuant to section 103(l) of such Act concerning

3 the timing of the initial payment of the non-Federal con4 tribution.

5 SEC. 304. PHOENIX, ARIZONA.

6 Section 321 of the Water Resources Development Act

7 of 1992 (106 Stat. 4848) is amended—

8 (1) by striking ‘‘control’’ and inserting ‘‘control,

9 ecosystem restoration,’’; and

10 (2) by striking ‘‘$6,500,000.’’ and inserting

11 ‘‘$17,500,000. The non-Federal share for costs as12 signed to flood control measures to protect developed

13 areas adjacent to the project shall be consistent with

14 the cost sharing requirements of section 903(c) of

15 the Water Resources Development Act of 1986.’’.

16 SEC. 305. SAN FRANCISCO RIVER AT CLIFTON, ARIZONA.

17 The project for flood control, San Francisco River,

18 Clifton, Arizona, authorized by section 101(a)(3) of the

19 Water Resources Development Act of 1990 (104 Stat.

20 4606), is modified to authorize the Secretary to construct

21 the project at a total cost of $21,100,000, with an esti22 mated Federal cost of $13,800,000 and an estimated non23 Federal cost of $7,300,000.
65

•HR 3592 IH

1 SEC. 306. GLENN-COLUSA, CALIFORNIA.

2 The project for flood control, Sacramento River, Cali3 fornia, authorized by section 2 of the Act entitled ‘‘An Act

4 to provide for the control of the floods of the Mississippi

5 River and the Sacramento River, California, and for other

6 purposes’’, approved March 1, 1917 (39 Stat. 948), and

7 as modified by section 102 of the Energy and Water De8 velopment Appropriations Act, 1990 (103 Stat. 649), is

9 further modified to authorize the Secretary to carry out

10 the portion of the project at Glenn-Colusa, California, at

11 a total cost of $14,200,000.

12 SEC. 307. LOS ANGELES AND LONG BEACH HARBORS, SAN

13 PEDRO BAY, CALIFORNIA.

14 The navigation project for Los Angeles and Long

15 Beach Harbors, San Pedro Bay, California, authorized by

16 section 201(b) of the Water Resources Development Act

17 of 1986 (100 Stat. 4091), is modified to provide that, not18 withstanding section 101(a)(4) of such Act, the cost of

19 the relocation of the sewer outfall by the Port of Los An20 geles shall be credited toward the payment required from

21 the non-Federal interest by section 101(a)(2) of such Act.

22 SEC. 308. OAKLAND HARBOR, CALIFORNIA.

23 The projects for navigation, Oakland Outer Harbor,

24 California, and Oakland Inner Harbor, California, author25 ized by section 202 of the Water Resources Development

26 Act of 1986 (100 Stat. 4092), are modified by combining
66

•HR 3592 IH

1 the 2 projects into 1 project, to be designated as the Oak2 land Harbor, California, project. The Oakland Harbor,

3 California, project shall be prosecuted by the Secretary

4 substantially in accordance with the plans and subject to

5 the conditions recommended in the reports designated in

6 such section 202, at a total cost of $90,850,000, with an

7 estimated Federal cost of $59,150,000 and an estimated

8 non-Federal cost of $31,700,000. The non-Federal share

9 of project costs and any available credits toward the non10 Federal share shall be calculated on the basis of the total

11 cost of the combined project.

12 SEC. 309. QUEENSWAY BAY, CALIFORNIA.

13 Section 4(e) of the Water Resources Development Act

14 of 1988 (102 Stat. 4016) is amended by adding at the

15 end the following sentence: ‘‘In addition, the Secretary

16 shall perform advance maintenance dredging in the

17 Queensway Bay Channel, California, at a total cost of

18 $5,000,000.’’.

19 SEC. 310. SAN LUIS REY, CALIFORNIA.

20 The project for flood control of the San Luis Rey

21 River, California, authorized pursuant to section 201 of

22 the Flood Control Act of 1965 (42 U.S.C. 1962d–5; 79

23 Stat. 1073–1074), is modified to authorize the Secretary

24 to construct the project at a total cost not to exceed

25 $81,600,000 with an estimated Federal cost of
67

•HR 3592 IH

1 $61,100,000 and an estimated non-Federal cost of

2 $20,500,000.

3 SEC. 311. THAMES RIVER, CONNECTICUT.

4 (a) RECONFIGURATION OF TURNING BASIN.—The

5 project for navigation, Thames River, Connecticut, author6 ized by the first section of the Act entitled ‘‘An Act au7 thorizing construction, repair, and preservation of certain

8 public works on rivers and harbors, and for other pur9 poses’’, approved August 30, 1935 (49 Stat. 1029), is

10 modified to make the turning basin have the following

11 alignment: Starting at a point on the eastern limit of the

12 existing project, N251052.93, E783934.59, thence run13 ning north 5 degrees 25 minutes 21.3 seconds east 341.06

14 feet to a point, N251392.46, E783966.82, thence running

15 north 47 degrees 24 minutes 14.0 seconds west 268.72

16 feet to a point, N251574.34, E783769.00, thence running

17 north 88 degrees 41 minutes 52.2 seconds west 249.06

18 feet to a point, N251580.00, E783520.00, thence running

19 south 46 degrees 16 minutes 22.9 seconds west 318.28

20 feet to a point, N251360.00, E783290.00, thence running

21 south 19 degrees 01 minute 32.2 seconds east 306.76 feet

22 to a point, N251070.00, E783390.00, thence running

23 south 45 degrees 00 minutes 00 seconds east 155.56 feet

24 to a point, N250960.00, E783500.00 on the existing west25 ern limit.
68

•HR 3592 IH

1 (b) NON-FEDERAL RESPONSIBILITY FOR INITIAL

2 DREDGING.—Any required initial dredging of the widened

3 portions of the turning basin identified in subsection (a)

4 shall be accomplished at non-Federal expense.

5 (c) CONFORMING DEAUTHORIZATION.—Those por6 tions of the existing turning basin which are not included

7 in the reconfigured turning basin as described in sub8 section (a) shall no longer be authorized after the date

9 of the enactment of this Act.

10 SEC. 312. POTOMAC RIVER, WASHINGTON, DISTRICT OF

11 COLUMBIA.

12 The project for flood protection, Potomac River,

13 Washington, District of Columbia, authorized by section

14 5 of the Flood Control Act of June 22, 1936 (74 Stat.

15 1574), is modified to authorize the Secretary to construct

16 the project substantially in accordance with the General

17 Design Memorandum dated May 1992 at a Federal cost

18 of $1,800,000; except that a temporary closure may be

19 used instead of a permanent structure at 17th Street. Op20 eration and maintenance of the project shall be a Federal

21 responsibility.

22 SEC. 313. CANAVERAL HARBOR, FLORIDA.

23 The project for navigation, Canaveral Harbor, Flor24 ida, authorized by section 101(7) of the Water Resources

25 Development Act of 1992 (106 Stat. 4802), is modified
69

•HR 3592 IH

1 to authorize the Secretary to reclassify the removal and

2 replacement of stone protection on both sides of the chan3 nel as general navigation features. The Secretary shall re4 imburse any costs that are incurred by the non-Federal

5 sponsor in connection with the reclassified work and that

6 the Secretary determines to be in excess of the non-Fed7 eral share of costs for general navigation features. The

8 Federal and non-Federal shares of the cost of the reclassi9 fied work shall be determined in accordance with section

10 101 of the Water Resources Development Act of 1986.

11 SEC. 314. CENTRAL AND SOUTHERN FLORIDA, CANAL 51.

12 The project for flood protection of West Palm Beach,

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

14 Control Act of 1962 (76 Stat. 1183), is modified to pro15 vide for the construction of an enlarged stormwater deten16 tion area, Storm Water Treatment Area 1 East, generally

17 in accordance with the plan of improvements described in

18 the February 15, 1994, report entitled ‘‘Everglades Pro19 tection Project, Palm Beach County, Florida, Conceptual

20 Design’’, with such modifications as are approved by the

21 Secretary. The additional work authorized by this sub22 section shall be accomplished at Federal expense. Oper23 ation and maintenance of the stormwater detention area

24 shall be consistent with regulations prescribed by the Sec25 retary for the Central and Southern Florida project, and
70

•HR 3592 IH

1 all costs of such operation and maintenance shall be pro2 vided by non-Federal interests.

3 SEC. 315. CENTRAL AND SOUTHERN FLORIDA, CANAL 111

4 (C–111).

5 (a) IN GENERAL.—The project for Central and

6 Southern Florida, authorized by section 203 of the Flood

7 Control Act of 1948 (62 Stat. 1176) and modified by sec8 tion 203 of the Flood Control Act of 1968 (82 Stat. 740–

9 741), is modified to authorize the Secretary to implement

10 the recommended plan of improvement contained in a re11 port entitled ‘‘Central and Southern Florida Project, Final

12 Integrated General Reevaluation Report and Environ13 mental Impact Statement, Canal 111 (C–111), South

14 Dade County, Florida’’, dated May 1994, including acqui15 sition by non-Federal interests of such portions of the

16 Frog Pond and Rocky Glades areas as are needed for the

17 project.

18 (b) COST SHARING.—

19 (1) FEDERAL SHARE.—The Federal share of

20 the cost of implementing the plan of improvement

21 shall be 50 percent.

22 (2) DEPARTMENT OF INTERIOR RESPONSIBIL23 ITY.—The Department of the Interior shall pay 25

24 percent of the cost of acquiring such portions of the

25 Frog Pond and Rocky Glades areas as are needed
71

•HR 3592 IH

1 for the project. The amount paid by the Department

2 of the Interior shall be included as part of the Fed3 eral share of the cost of implementing the plan.

4 (3) OPERATION AND MAINTENANCE.—The non5 Federal share of operation and maintenance costs of

6 the improvements undertaken pursuant to this sub7 section shall be 100 percent; except that the Federal

8 Government shall reimburse the non-Federal project

9 sponsor 60 percent of the costs of operating and

10 maintaining pump stations that pump water into

11 Taylor Slough in the Everglades National Park.

12 SEC. 316. JACKSONVILLE HARBOR (MILL COVE), FLORIDA.

13 The project for navigation, Jacksonville Harbor (Mill

14 Cove), Florida, authorized by section 601(a) of the Water

15 Resources Development Act of 1986 (100 Stat. 4139–

16 4140), is modified to direct the Secretary to carry out a

17 project for flow and circulation improvement within Mill

18 Cove, at a total cost of $2,000,000, with an estimated

19 Federal cost of $2,000,000.

20 SEC. 317. TYBEE ISLAND, GEORGIA.

21 The project for beach erosion control, Tybee Island,

22 Georgia, authorized pursuant to section 201 of the Flood

23 Control Act of 1965 (42 U.S.C. 1962d–5), is modified to

24 include as part of the project the portion of the ocean
72

•HR 3592 IH

1 shore of Tybee Island located south of the extension of

2 9th Street.

3 SEC. 318. WHITE RIVER, INDIANA.

4 The project for flood control, Indianapolis on West

5 Fork of the White River, Indiana, authorized by section

6 5 of the Flood Control Act of June 22, 1936 (49 Stat.

7 1586), is modified to authorize the Secretary to undertake

8 riverfront alterations as described in the Central Indianap9 olis Waterfront Concept Master Plan, dated February

10 1994, at a total cost of $85,975,000, with an estimated

11 first Federal cost of $39,975,000 and an estimated first

12 non-Federal cost of $46,000,000. The cost of work, in13 cluding relocations undertaken by the non-Federal interest

14 after February 15, 1994, on features identified in the

15 Master Plan shall be credited toward the non-Federal

16 share of project costs.

17 SEC. 319. CHICAGO, ILLINOIS.

18 The project for flood control, Chicagoland Underflow

19 Plan, Illinois, authorized by section 3(a)(5) of the Water

20 Resources Development Act of 1988 (102 Stat. 4013), is

21 modified to limit the capacity of the reservoir project not

22 to exceed 11,000,000,000 gallons or 32,000 acre-feet, to

23 provide that the reservoir project may not be located north

24 of 55th Street or west of East Avenue in the vicinity of

25 McCook, Illinois, and to provide that the reservoir project
73

•HR 3592 IH

1 may only be constructed on the basis of a specific plan

2 that has been evaluated by the Secretary under the provi3 sions of the National Environmental Policy Act of 1969.

4 SEC. 320. CHICAGO LOCK AND THOMAS J. O’BRIEN LOCK,

5 ILLINOIS.

6 The project for navigation, Chicago Harbor, Lake

7 Michigan, Illinois, for which operation and maintenance

8 responsibility was transferred to the Secretary under

9 chapter IV of title I of the Supplemental Appropriations

10 Act, 1983 (97 Stat. 311) and section 107 of the Energy

11 and Water Development Appropriation Act, 1982 (95

12 Stat. 1137) is modified to direct the Secretary to conduct

13 a study to determine the feasibility of making such struc14 tural repairs as are necessary to prevent leakage through

15 the Chicago Lock and the Thomas J. O’Brien Lock, Illi16 nois, and to determine the need for installing permanent

17 flow measurement equipment at such locks to measure any

18 leakage. The Secretary is authorized to carry out such re19 pairs and installations as are necessary following comple20 tion of the study.

21 SEC. 321. KASKASKIA RIVER, ILLINOIS.

22 The project for navigation, Kaskaskia River, Illinois,

23 authorized by section 101 of the River and Harbor Act

24 of 1962 (76 Stat. 1175), is modified to add fish and wild25 life and habitat restoration as project purposes.
74

•HR 3592 IH

1 SEC. 322. LOCKS AND DAM 26, ALTON, ILLINOIS AND MIS2 SOURI.

3 Section 102(1) of the Water Resources Development

4 Act of 1990 (104 Stat. 4613) is amended by striking ‘‘that

5 requires no separable projects lands’’ and inserting ‘‘on

6 project lands and other contiguous nonproject lands, in7 cluding those lands referred to as the Alton Commons’’.

8 SEC. 323. NORTH BRANCH OF CHICAGO RIVER, ILLINOIS.

9 The project for flood protection, North Branch of the

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

11 Water Resources Development Act of 1986 (100 Stat.

12 4115), is modified to authorize the Secretary to carry out

13 the project in accordance with the report of the Corps of

14 Engineers dated March 1994, at a total cost of

15 $34,228,000, with an estimated Federal cost of

16 $20,905,000 and an estimated non-Federal cost of

17 $13,323,000.

18 SEC. 324. ILLINOIS AND MICHIGAN CANAL.

19 Section 314(a) of the Water Resources Development

20 Act of 1992 (106 Stat. 4847) is amended by adding at

21 the end the following: ‘‘Such improvements shall include

22 marina development at Lock 14, to be carried out in con23 sultation with the Illinois Department of Natural Re24 sources, at a total cost of $6,374,000.’’.
75

•HR 3592 IH

1 SEC. 325. ARKANSAS CITY, KANSAS.

2 The project for flood control, Arkansas City, Kansas,

3 authorized by section 401(a) of the Water Resources De4 velopment Act of 1986 (100 Stat. 4116), is modified to

5 authorize the Secretary to construct the project at a total

6 cost of $38,500,000, with an estimated Federal cost of

7 $28,100,000 and an estimated non-Federal cost of

8 $10,400,000.

9 SEC. 326. HALSTEAD, KANSAS.

10 The project for flood control, Halstead, Kansas, au11 thorized by section 401(a) of the Water Resources Devel12 opment Act of 1986 (100 Stat. 4116), is modified to au13 thorize the Secretary to carry out the project in accord14 ance with the report of the Corps of Engineers dated

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

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

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

18 SEC. 327. LEVISA AND TUG FORKS OF THE BIG SANDY

19 RIVER AND CUMBERLAND RIVER, KENTUCKY,

20 WEST VIRGINIA, AND VIRGINIA.

21 The project for flood control, Levisa and Tug Forks

22 of the Big Sandy River and Cumberland River, Kentucky,

23 West Virginia, and Virginia, authorized by section 202(a)

24 of the Energy and Water Development Appropriation Act,

25 1981 (94 Stat. 1339), is modified to provide that the mini26 mum level of flood protection to be afforded by the project
76

•HR 3592 IH

1 shall be the level required to provide protection from a

2 100-year flood or from the flood of April 1977, whichever

3 level of protection is greater.

4 SEC. 328. COMITE RIVER, LOUISIANA.

5 The Comite River Diversion project for flood control,

6 authorized as part of the project for flood control, Amite

7 River and Tributaries, Louisiana, by section 101(11) of

8 the Water Resource Development Act of 1992 (106 Stat.

9 4802–4803), is modified to authorize the Secretary to con10 struct the project at a total cost of $121,600,000, with

11 an estimated Federal cost of $70,577,000 and an esti12 mated non-Federal cost of $51,023,000.

13 SEC. 329. GRAND ISLE AND VICINITY, LOUISIANA.

14 The project for hurricane damage prevention, flood

15 control, and beach erosion along Grand Isle and Vicinity,

16 Louisiana, authorized by section 204 of the Flood Control

17 Act of 1965 (79 Stat. 1077), is modified to authorize the

18 Secretary to construct a permanent breakwater and levee

19 system at a total cost of $17,000,000.

20 SEC. 330. LAKE PONTCHARTRAIN, LOUISIANA.

21 The project for hurricane damage prevention and

22 flood control, Lake Pontchartrain, Louisiana, authorized

23 by section 204 of the Flood Control Act of 1965 (79 Stat.

24 1077), is modified to provide that St. Bernard Parish,

25 Louisiana, and the Lake Borgne Basin Levee District,
77

•HR 3592 IH

1 Louisiana, shall not be required to pay the unpaid balance,

2 including interest, of the non-Federal cost-share of the

3 project.

4 SEC. 331. MISSISSIPPI DELTA REGION, LOUISIANA.

5 The Mississippi Delta Region project, Louisiana, au6 thorized as part of the project for hurricane-flood protec7 tion project on Lake Pontchartrain, Louisiana, by section

8 204 of the Flood Control Act of 1965 (79 Stat. 1077),

9 is modified to direct the Secretary to provide a credit to

10 the State of Louisiana toward its non-Federal share of the

11 cost of the project. The credit shall be for the cost incurred

12 by the State in developing and relocating oyster beds to

13 offset the adverse impacts on active and productive oyster

14 beds in the Davis Pond project area but shall not exceed

15 $7,500,000.

16 SEC. 332. MISSISSIPPI RIVER OUTLETS, VENICE, LOUISI17 ANA.

18 The project for navigation, Mississippi River Outlets,

19 Venice, Louisiana, authorized by section 101 of the River

20 and Harbor Act of 1968 (82 Stat. 731), is modified to

21 provide for the extension of the 16-foot deep by 250-foot

22 wide Baptiste Collette Bayou entrance channel to approxi23 mately Mile 8 of the Mississippi River-Gulf Outlet naviga24 tion channel, at a total estimated Federal cost of $80,000.
78

•HR 3592 IH

1 SEC. 333. RED RIVER WATERWAY, LOUISIANA.

2 The project for mitigation of fish and wildlife losses,

3 Red River Waterway, Louisiana, authorized by section

4 601(a) of the Water Resources and Development Act of

5 1986 (100 Stat. 4142) and modified by section 102(p) of

6 the Water Resources and Development Act of 1990 (104

7 Stat. 4613), is further modified—

8 (1) to authorize the Secretary to carry out the

9 project at a total cost of $10,500,000; and

10 (2) to provide that lands that are purchased ad11 jacent to the Loggy Bayou Wildlife Management

12 Area may be located in Caddo Parish or Red River

13 Parish.

14 SEC. 334. TOLCHESTER CHANNEL, MARYLAND.

15 The project for navigation, Baltimore Harbor and

16 Channels, Maryland, authorized by section 101 of the

17 River and Harbor Act of 1958 (72 Stat. 297) is modified

18 to direct the Secretary—

19 (1) to expedite review of potential straightening

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

21 and

22 (2) if determined to be feasible and necessary

23 for safe and efficient navigation, to implement such

24 straightening as part of project maintenance.
79

•HR 3592 IH

1 SEC. 335. SAGINAW RIVER, MICHIGAN.

2 The project for flood protection, Saginaw River,

3 Michigan, authorized by section 203 of the Flood Control

4 Act of 1958 (72 Stat. 311) is modified to include as part

5 of the project the design and construction of an inflatable

6 dam on the Flint River, Michigan, at a total cost of

7 $500,000.

8 SEC. 336. SAULT SAINTE MARIE, CHIPPEWA COUNTY,

9 MICHIGAN.

10 (a) IN GENERAL.—The project for navigation, Sault

11 Sainte Marie, Chippewa County, Michigan, authorized by

12 section 1149 of the Water Resources Development Act of

13 1986 (100 Stat. 4254–4255), is modified as provided by

14 this subsection.

15 (b) PAYMENT OF NON-FEDERAL SHARE.—The non16 Federal share of the cost of the project referred to in sub17 section (a) shall be paid as follows:

18 (1) That portion of the non-Federal share

19 which the Secretary determines is attributable to use

20 of the lock by vessels calling at Canadian ports shall

21 be paid by the United States.

22 (2) The remaining portion of the non-Federal

23 share shall be paid by the Great Lakes States pursu24 ant to an agreement entered into by such States.

25 (c) PAYMENT TERM OF ADDITIONAL PERCENT26 AGE.—The amount to be paid by non-Federal interests
80

•HR 3592 IH

1 pursuant to section 101(a) of the Water Resources Devel2 opment Act of 1986 (33 U.S.C. 2211(a)) and this sub3 section with respect to the project referred to in subsection

4 (a) may be paid over a period of 50 years or the expected

5 life of the project, whichever is shorter.

6 (d) GREAT LAKES STATES DEFINED.—For the pur7 poses of this section, the term ‘‘Great Lakes States’’

8 means the States of Illinois, Indiana, Michigan, Min9 nesota, New York, Ohio, Pennsylvania, and Wisconsin.

10 SEC. 337. STILLWATER, MINNESOTA.

11 Section 363 of the Water Resources Development Act

12 of 1992 (106 Stat. 4861–4862) is amended—

13 (1) by inserting after ‘‘riverfront,’’ the follow14 ing: ‘‘or expansion of such system if the Secretary

15 determines that the expansion is feasible,’’;

16 (2) by striking ‘‘$3,200,000’’ and inserting

17 ‘‘$11,600,000’’;

18 (3) by striking ‘‘$2,400,000’’ and inserting

19 ‘‘$8,700,000’’; and

20 (4) by striking ‘‘$800,000’’ and inserting

21 ‘‘$2,900,000’’.

22 SEC. 338. NEW MADRID HARBOR, MISSOURI.

23 The project for navigation, New Madrid Harbor, Mis24 souri, authorized pursuant to section 107 of the River and

25 Harbor Act of 1960 (33 U.S.C. 577) and modified by sec-
81

•HR 3592 IH

1 tion 102(n) of the Water Resources Development Act of

2 1992 (106 Stat. 4807), is further modified to direct the

3 Secretary to assume responsibility for maintenance of the

4 existing Federal channel referred to in such section 102(n)

5 in addition to maintaining New Madrid County Harbor.

6 SEC. 339. CAPE GIRARDEAU, MISSOURI.

7 The project for flood control, Cape Girardeau, Jack8 son Metropolitan Area, Missouri, authorized by section

9 401(a) of the Water Resources Development Act of 1986

10 (100 Stat. 4118–4119), is modified to authorize the Sec11 retary to construct the project, including implementation

12 of nonstructural measures, at a total cost of $45,414,000,

13 with an estimated Federal cost of $33,030,000 and an es14 timated non-Federal cost of $12,384,000.

15 SEC. 340. ST. JOHN’S BAYOU—NEW MADRID FLOODWAY,

16 MISSOURI.

17 Notwithstanding any other provision of law, Federal

18 assistance made available under the rural enterprise zone

19 program of the Department of Agriculture may be used

20 toward payment of the non-Federal share of the costs of

21 the project for flood control, St. John’s Bayou and New

22 Madrid Floodway, Missouri, authorized by section 401(a)

23 of the Water Resources Development Act of 1986 (100

24 Stat. 4118).
82

•HR 3592 IH

1 SEC. 341. JOSEPH G. MINISH PASSAIC RIVER PARK, NEW

2 JERSEY.

3 Section 101(a)(18)(B) of the Water Resources Devel4 opment Act of 1990 (104 Stat. 4608) is amended by strik5 ing ‘‘$25,000,000’’ and inserting ‘‘$75,000,000’’.

6 SEC. 342. PASSAIC RIVER, NEW JERSEY.

7 Section 1148 of the Water Resources Development

8 Act of 1986 (100 Stat. 4254) is amended to read as fol9 lows:

10 ‘‘SEC. 1148. PASSAIC RIVER BASIN.

11 ‘‘(a) ACQUISITION OF LANDS.—The Secretary is au12 thorized to acquire from willing sellers lands on which resi13 dential structures are located and which are subject to fre14 quent and recurring flood damage, as identified in the

15 supplemental floodway report of the Corps of Engineers,

16 Passaic River Buyout Study, September 1995, at an esti17 mated total cost of $194,000,000.

18 ‘‘(b) RETENTION OF LANDS FOR FLOOD PROTEC19 TION.—Lands acquired by the Secretary under this sec20 tion shall be retained by the Secretary for future use in

21 conjunction with flood protection and flood management

22 in the Passaic River Basin.

23 ‘‘(c) COST SHARING.—The non-Federal share of the

24 cost of carrying out this section shall be 25 percent plus

25 any amount that might result from application of the re26 quirements of subsection (d).
83

•HR 3592 IH

1 ‘‘(d) APPLICABILITY OF BENEFIT-COST RATIO WAIV2 ER AUTHORITY.—In evaluating and implementing the

3 project under this section, the Secretary shall allow the

4 non-Federal interest to participate in financing of the

5 project in accordance with section 903(c) of this Act, to

6 the extent that the Secretary’s evaluation indicates that

7 applying such section is necessary to implement the

8 project.’’.

9 SEC. 343. MOLLY ANN’S BROOK, NEW JERSEY.

10 The project for flood control, Molly Ann’s Brook,

11 New Jersey, authorized by section 401(a) of the Water

12 Resources Development Act of 1986 (100 Stat. 4119), is

13 modified to authorize the Secretary to carry out the

14 project in accordance with the report of the Corps of Engi15 neers dated April 3, 1996, at a total cost of $40,100,000,

16 with an estimated Federal cost of $22,600,000 and an es17 timated non-Federal cost of $17,500,000.

18 SEC. 344. RAMAPO AND MAHWAH RIVERS, NEW JERSEY AND

19 NEW YORK.

20 The project for flood control, Ramapo and Mahwah

21 Rivers, New Jersey and New York, authorized by section

22 401(a) of the Water Resources Development Act of 1986

23 (100 Stat. 4120), is modified to authorize the Secretary

24 to carry out the project in accordance with the report of

25 the Corps of Engineers dated June 30, 1994, at a total
84

•HR 3592 IH

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

2 $8,500,000 and an estimated non-Federal cost of

3 $2,800,000.

4 SEC. 345. ARTHUR KILL, NEW YORK AND NEW JERSEY.

5 The project for navigation, Arthur Kill, New York

6 and New Jersey, authorized by section 202(b) of the

7 Water Resources Development Act of 1986 (100 Stat.

8 4098), is modified to authorize the Secretary to carry out

9 the project at a total cost of $83,000,000.

10 SEC. 346. JONES INLET, NEW YORK.

11 The project for navigation, Jones Inlet, New York,

12 authorized by section 2 of the Act entitled ‘‘An Act au13 thorizing construction, repair, and preservation of certain

14 public works on rivers and harbors, and for other pur15 poses’’, approved March 2, 1945 (59 Stat. 13), is modified

16 to direct the Secretary to place uncontaminated dredged

17 material on beach areas downdrift from the federally

18 maintained channel for the purpose of mitigating the

19 interruption of littoral system natural processes caused by

20 the jetty and continued dredging of the federally main21 tained channel.

22 SEC. 347. KILL VAN KULL, NEW YORK AND NEW JERSEY.

23 The project for navigation, Kill Van Kull, New York

24 and New Jersey, authorized by section 202(a) of the

25 Water Resources Development Act of 1986 (100 Stat.
85

•HR 3592 IH

1 4095), is modified to authorize the Secretary to carry out

2 the project at a total cost of $750,000,000.

3 SEC. 348. WILMINGTON HARBOR-NORTHEAST CAPE FEAR

4 RIVER, NORTH CAROLINA.

5 The project for navigation, Wilmington Harbor6 Northeast Cape Fear River, North Carolina, authorized

7 by section 202(a) of the Water Resources Development

8 Act of 1986 (100 Stat. 4095), is modified to authorize

9 the Secretary to construct the project substantially in ac10 cordance with the General Design Memorandum dated

11 April 1990 and the General Design Memorandum Supple12 ment dated February 1994, at a total cost of $52,041,000,

13 with an estimated Federal cost of $25,729,000 and an es14 timated non-Federal cost of $26,312,000.

15 SEC. 349. GARRISON DAM, NORTH DAKOTA.

16 The project for flood control, Garrison Dam, North

17 Dakota, authorized by section 9 of the Flood Control Act

18 of December 22, 1944 (58 Stat. 891), is modified to au19 thorize the Secretary to acquire permanent flowage and

20 saturation easements over the lands in Williams County,

21 North Dakota, extending from the riverward margin of the

22 Buford-Trenton Irrigation District main canal to the

23 north bank of the Missouri River, beginning at the

24 Buford-Trenton Irrigation District pumping station lo25 cated in the northeast quarter of section 17, township 152
86

•HR 3592 IH

1 north, range 104 west, and continuing northeasterly down2 stream to the land referred to as the East Bottom, and

3 any other lands outside of the boundaries of the Buford4 Trenton Irrigation District which have been adversely af5 fected by rising ground water and surface flooding. Any

6 easement acquired by the Secretary pursuant to this sub7 section shall include the right, power, and privilege of the

8 Government to submerge, overflow, percolate, and satu9 rate the surface and subsurface of the land. The cost of

10 acquiring such easements shall not exceed 90 percent, or

11 be less than 75 percent, of the unaffected fee value of the

12 lands. The project is further modified to authorize the

13 Secretary to provide a lump sum payment of $60,000 to

14 the Buford-Trenton Irrigation District for power require15 ments associated with operation of the drainage pumps

16 and to relinquish all right, title, and interest of the United

17 States to the drainage pumps located within the bound18 aries of the Irrigation District.

19 SEC. 350. WISTER LAKE, OKLAHOMA.

20 The flood control project for Wister Lake, LeFlore

21 County, Oklahoma, authorized by section 4 of the Flood

22 Control Act of June 28, 1938 (52 Stat. 1218), is modified

23 to increase the level of the conservation pool by 1 foot and

24 to adjust the seasonal pool operation to accommodate the

25 change in the conservation pool elevation.
87

•HR 3592 IH

1 SEC. 351. BONNEVILLE LOCK AND DAM, COLUMBIA RIVER,

2 OREGON AND WASHINGTON.

3 (a) IN GENERAL.—The project for Bonneville Lock

4 and Dam, Columbia River, Oregon and Washington, au5 thorized by the Act of August 20, 1937 (50 Stat. 731),

6 and modified by section 83 of the Water Resources Devel7 opment Act of 1974 (88 Stat. 35), is further modified to

8 authorize the Secretary to convey to the city of North

9 Bonneville, Washington, at no further cost to the city, all

10 right, title and interest of the United States in and to the

11 following:

12 (1) Any municipal facilities, utilities fixtures,

13 and equipment for the relocated city, and any re14 maining lands designated as open spaces or munici15 pal lots not previously conveyed to the city, specifi16 cally, Lots M1 through M15, M16 (the ‘‘community

17 center lot’’), M18, M19, M22, M24, S42 through

18 S45, and S52 through S60.

19 (2) The ‘‘school lot’’ described as Lot 2, block

20 5, on the plat of relocated North Bonneville.

21 (3) Parcels 2 and C, but only upon the comple22 tion of any environmental response actions required

23 under applicable law.

24 (4) That portion of Parcel B lying south of the

25 existing city boundary, west of the sewage treatment

26 plant, and north of the drainage ditch that is located
88

•HR 3592 IH

1 adjacent to the northerly limit of the Hamilton Is2 land landfill, provided the Secretary determines, at

3 the time of the proposed conveyance, that the Army

4 has taken all action necessary to protect human

5 health and the environment.

6 (5) Such portions of Parcel H which can be

7 conveyed without a requirement for further inves8 tigation, inventory or other action by the Depart9 ment of the Army under the provisions of the Na10 tional Historic Preservation Act.

11 (6) Such easements as the Secretary deems nec12 essary for—

13 (A) sewer and water line crossings of relo14 cated Washington State Highway 14; and

15 (B) reasonable public access to the Colum16 bia River across those portions of Hamilton Is17 land that remain under the ownership of the

18 United States.

19 (b) TIME PERIOD FOR CONVEYANCES.—The convey20 ances referred to in subsections (a)(1), (a)(2), (a)(5), and

21 (a)(6)(A) shall be completed within 180 days after the

22 United States receives the release referred to in subsection

23 (d). All other conveyances shall be completed expedi24 tiously, subject to any conditions specified in the applica25 ble subsection.
89

•HR 3592 IH

1 (c) PURPOSE.—The purpose of the conveyances au2 thorized by subsection (a) is to resolve all outstanding is3 sues between the United States and the city of North Bon4 neville.

5 (d) ACKNOWLEDGEMENT OF PAYMENT; RELEASE OF

6 CLAIMS RELATING TO RELOCATION OF CITY.—As a pre7 requisite to the conveyances authorized by subsection (a),

8 the city of North Bonneville shall execute an acknowledge9 ment of payment of just compensation and shall execute

10 a release of any and all claims for relief of any kind

11 against the United States growing out of the relocation

12 of the city of North Bonneville, or any prior Federal legis13 lation relating thereto, and shall dismiss, with prejudice,

14 any pending litigation, if any, involving such matters.

15 (e) RELEASE BY ATTORNEY GENERAL.—Upon re16 ceipt of the city’s acknowledgment and release referred to

17 in subsection (d), the Attorney General of the United

18 States shall dismiss any pending litigation, if any, arising

19 out of the relocation of the city of North Bonneville, and

20 execute a release of any and all rights to damages of any

21 kind under the February 20, 1987, judgment of the Unit22 ed States Claims Court, including any interest thereon.

23 (f) ACKNOWLEDGMENT OF ENTITLEMENTS; RE24 LEASE BY CITY OF CLAIMS.—Within 60 days after the

25 conveyances authorized by subsection (a) (other than
90

•HR 3592 IH

1 paragraph (6)(B)) have been completed, the city shall exe2 cute an acknowledgement that all entitlements under such

3 paragraph have been completed and shall execute a release

4 of any and all claims for relief of any kind against the

5 United States arising out of this subsection.

6 (g) EFFECTS ON CITY.—Beginning on the date of the

7 enactment of this Act, the city of North Bonneville, or

8 any successor in interest thereto, shall—

9 (1) be precluded from exercising any jurisdic10 tion over any lands owned in whole or in part by the

11 United States and administered by the United

12 States Army Corps of Engineers in connection with

13 the Bonneville project; and

14 (2) be authorized to change the zoning designa15 tions of, sell, or resell Parcels S35 and S56, which

16 are presently designated as open spaces.

17 SEC. 352. COLUMBIA RIVER DREDGING, OREGON AND

18 WASHINGTON.

19 The project for navigation, Lower Willamette and Co20 lumbia Rivers below Vancouver, Washington and Port21 land, Oregon, authorized by the first section of the River

22 and Harbor Appropriations Act of June 18, 1878 (20

23 Stat. 152), is modified to direct the Secretary—

24 (1) to conduct channel simulation and to carry

25 out improvements to the existing deep draft channel
91

•HR 3592 IH

1 between river miles 27 and 34, at a cost not to ex2 ceed $2,400,000; and

3 (2) to conduct overdepth and advance mainte4 nance dredging that is necessary to maintain author5 ized channel dimensions.

6 SEC. 353. LACKAWANNA RIVER AT SCRANTON, PENNSYLVA7 NIA.

8 The project for flood control, Lackawanna River at

9 Scranton, Pennsylvania, authorized by section 101(16) of

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

11 4803), is modified to direct the Secretary to carry out the

12 project for flood control for the Plot and Green Ridge sec13 tions of the project. In evaluating and implementing the

14 project, the Secretary shall allow the non-Federal interest

15 to participate in financing of the project in accordance

16 with section 903(c) of the Water Resources Development

17 Act of 1986, to the extent that the Secretary’s evaluation

18 indicates that applying such section is necessary to imple19 ment the project.

20 SEC. 354. MUSSERS DAM, MIDDLE CREEK, SNYDER COUNTY,

21 PENNSYLVANIA.

22 Section 209(e)(5) of the Water Resources Develop23 ment Act of 1992 (106 Stat. 4830) is amended by striking

24 ‘‘$3,000,000’’ and inserting ‘‘$5,000,000’’.
92

•HR 3592 IH

1 SEC. 355. SAW MILL RUN, PENNSYLVANIA.

2 The project for flood control, Saw Mill Run, Pitts3 burgh, Pennsylvania, authorized by section 401(a) of the

4 Water Resources Development Act of 1986 (100 Stat.

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

6 the project in accordance with the report of the Corps of

7 Engineers dated April 8, 1994, at a total cost of

8 $12,780,000, with an estimated Federal cost of

9 $9,585,000 and an estimated non-Federal cost of

10 $3,195,000.

11 SEC. 356. SCHUYLKILL RIVER, PENNSYLVANIA.

12 The navigation project for the Schuylkill River, Penn13 sylvania, authorized by the first section of the River and

14 Harbor Appropriations Act of August 8, 1917 (40 Stat.

15 252), is modified to provide for the periodic removal and

16 disposal of sediment to a depth of 6 feet detained within

17 portions of the Fairmount pool between the Fairmount

18 Dam and the Columbia Bridge, generally within the limits

19 of the channel alignments referred to as the Schuylkill

20 River Racecourse and return lane, and the Belmont Water

21 Works intakes and Boathouse Row.

22 SEC. 357. SOUTH CENTRAL PENNSYLVANIA.

23 Section 313(g)(1) of the Water Resources Develop24 ment Act of 1992 (106 Stat. 4846) is amended by striking

25 ‘‘$50,000,000’’ and inserting ‘‘$90,000,000’’.
93

•HR 3592 IH

1 SEC. 358. WYOMING VALLEY, PENNSYLVANIA.

2 The project for flood control, Wyoming Valley, Penn3 sylvania, authorized by section 401(a) of the Water Re4 sources Development Act of 1986 (100 Stat. 4124), is

5 modified to authorize the Secretary to undertake as part

6 of the construction of the project mechanical and electrical

7 upgrades to existing stormwater pumping stations in the

8 Wyoming Valley and to undertake mitigation measures.

9 SEC. 359. SAN JUAN HARBOR, PUERTO RICO.

10 The project for navigation, San Juan Harbor, Puerto

11 Rico, authorized by section 202(a) of the Water Resources

12 Development Act of 1986 (100 Stat. 4097), is modified

13 to authorize the Secretary to deepen the bar channel to

14 depths varying from 49 feet to 56 feet below mean low

15 water with other modifications to authorized interior chan16 nels as generally described in the General Reevaluation

17 Report and Environmental Assessment, dated March

18 1994, at a total cost of $43,993,000, with an estimated

19 Federal cost of $27,341,000 and an estimated non-Fed20 eral cost of $16,652,000.

21 SEC. 360. NARRAGANSETT, RHODE ISLAND.

22 Section 361(a) of the Water Resources Development

23 Act of 1992 (106 Stat. 4861) is amended—

24 (1) by striking ‘‘$200,000’’ and inserting

25 ‘‘$1,900,000’’;
94

•HR 3592 IH

1 (2) by striking ‘‘$150,000’’ and inserting

2 ‘‘$1,425,000’’; and

3 (3) by striking ‘‘$50,000’’ and inserting

4 ‘‘$475,000’’.

5 SEC. 361. CHARLESTON HARBOR, SOUTH CAROLINA.

6 The project for navigation, Charleston Harbor, South

7 Carolina, authorized by section 202(a) of the Water Re8 sources Development Act of 1986 (100 Stat. 4096), is

9 modified to direct the Secretary to undertake ditching,

10 clearing, spillway replacement, and dike reconstruction of

11 the Clouter Creek Disposal Area, as a part of the oper12 ation and maintenance of the Charleston Harbor project.

13 SEC. 362. DALLAS FLOODWAY EXTENSION, DALLAS, TEXAS.

14 (a) IN GENERAL.—The project for flood control, Dal15 las Floodway Extension, Dallas, Texas, authorized by sec16 tion 301 of the River and Harbor Act of 1965 (79 Stat.

17 1091), is modified to provide that, notwithstanding the

18 last sentence of subsection (c) of section 104 of the Water

19 Resources Development Act of 1986, non-Federal inter20 ests may apply for crediting under such section 104,

21 against the non-Federal share of the cost of the project,

22 the cost of work performed by the non-Federal interests

23 in constructing flood protection works for Rochester Park

24 and the north section of the Central Wastewater Treat25 ment Plant.
95

•HR 3592 IH

1 (b) DETERMINATION OF AMOUNT.—The amount to

2 be credited under subsection (a) shall be determined by

3 the Secretary. In determining such amount, the Secretary

4 may permit crediting only for that portion of the work per5 formed by the non-Federal interests which is compatible

6 with the project referred to in subsection (a), including

7 any modification thereof, and which is required for con8 struction of such project.

9 (c) CASH CONTRIBUTION.—Nothing in this section

10 shall be construed to limit the applicability of the require11 ment contained in section 103(a)(1)(A) of the Water Re12 sources Development Act of 1986 to the project referred

13 to in subsection (a).

14 SEC. 363. UPPER JORDAN RIVER, UTAH.

15 The project for flood control, Upper Jordan River,

16 Utah, authorized by section 101(a)(23) of the Water Re17 sources Development Act of 1990 (104 Stat. 4610), is

18 modified to authorize the Secretary to construct the

19 project at a total cost of $12,870,000, with an estimated

20 Federal cost of $8,580,000 and an estimated non-Federal

21 cost of $4,290,000.

22 SEC. 364. HAYSI LAKE, VIRGINIA.

23 The Haysi Lake, Virginia, feature of the project for

24 flood control, Tug Fork of the Big Sandy River, Kentucky,

25 West Virginia, and Virginia, authorized by section 202(a)
96

•HR 3592 IH

1 of the Energy and Water Development Appropriation Act,

2 1981 (94 Stat. 1339), is modified—

3 (1) to add recreation and fish and wildlife en4 hancement as project purposes;

5 (2) to direct the Secretary to construct the

6 Haysi Dam feature of the project substantially in

7 accordance with Plan A as set forth in the Draft

8 General Plan Supplement Report for the Levisa

9 Fork Basin, Virginia and Kentucky, dated May

10 1995; and

11 (3) to direct the Secretary to apply section

12 103(m) of the Water Resources Development Act of

13 1986 (100 Stat. 4087) to the construction of such

14 feature in the same manner as that section is ap15 plied to other projects or project features construed

16 pursuant to such section 202(a).

17 SEC. 365. RUDEE INLET, VIRGINIA BEACH, VIRGINIA.

18 The project for navigation and shoreline protection,

19 Rudee Inlet, Virginia Beach, Virginia, authorized by sec20 tion 601(a) of the Water Resources Development Act of

21 1986 (100 Stat. 4148), is modified to authorize the Sec22 retary to continue maintenance of the project for 50 years

23 beginning on the date of initial construction of the project.

24 The Federal share of the cost of such maintenance shall
97

•HR 3592 IH

1 be determined in accordance with title I of the Water Re2 sources Development Act of 1986.

3 SEC. 366. VIRGINIA BEACH, VIRGINIA.

4 The non-Federal share of the costs of the project for

5 beach erosion control and hurricane protection, Virginia

6 Beach, Virginia, authorized by section 501(a) of the Water

7 Resources Development Act of 1986 (100 Stat. 4136),

8 shall be reduced by $3,120,803, or by such amount as is

9 determined by an audit carried out by the Secretary to

10 be due to the city of Virginia Beach as reimbursement for

11 the Federal share of beach nourishment activities carried

12 out by the city between October 1, 1986, and September

13 30, 1993, if the Federal Government has not reimbursed

14 the city for the activities prior to the date on which a

15 project cooperative agreement is executed for the project.

16 SEC. 367. EAST WATERWAY, WASHINGTON.

17 The project for navigation, East and West water18 ways, Seattle Harbor, Washington, authorized by the first

19 section of the River and Harbor Appropriations Act of

20 March 2, 1919 (40 Stat. 1275), is modified to direct the

21 Secretary—

22 (1) to expedite review of potential deepening of

23 the channel in the East waterway from Elliott Bay

24 to Terminal 25 to a depth of up to 51 feet; and
98

•HR 3592 IH

1 (2) if determined to be feasible, to implement

2 such deepening as part of project maintenance.

3 In carrying out work authorized by this section, the Sec4 retary shall coordinate with the Port of Seattle regarding

5 use of Slip 27 as a dredged material disposal area.

6 SEC. 368. BLUESTONE LAKE, WEST VIRGINIA.

7 Section 102(ff) of the Water Resources Development

8 Act of 1992 (106 Stat. 4810) is amended by inserting ‘‘ex9 cept for that organic matter necessary to maintain and

10 enhance the biological resources of such waters and such

11 nonobtrusive items of debris as may not be economically

12 feasible to prevent being released through such project,’’

13 after ‘‘project,’’ the first place it appears.

14 SEC. 369. SOUTHERN WEST VIRGINIA.

15 (a) COST SHARING.—Section 340(c)(3) of the Water

16 Resources Development Act of 1992 (106 Stat. 4856) is

17 amended to read as follows:

18 ‘‘(3) COST SHARING.—

19 ‘‘(A) IN GENERAL.—Total project costs

20 under each local cooperation agreement entered

21 into under this subsection shall be shared at 75

22 percent Federal and 25 percent non-Federal.

23 The non-Federal interest shall receive credit for

24 the reasonable costs of design work completed

25 by such interest prior to entering into a local
99

•HR 3592 IH

1 cooperation agreement with the Secretary for a

2 project. The credit for such design work shall

3 not exceed 6 percent of the total construction

4 costs of the project. The Federal share may be

5 in the form of grants or reimbursements of

6 project costs.

7 ‘‘(B) INTEREST.—In the event of delays in

8 the funding of the non-Federal share of a

9 project that is the subject of an agreement

10 under this section, the non-Federal interest

11 shall receive credit for reasonable interest in12 curred in providing the non-Federal share of a

13 project’s cost.

14 ‘‘(C) LANDS, EASEMENTS, AND RIGHTS-OF15 WAY CREDIT.—The non-Federal interest shall

16 receive credit for lands, easements, rights-of17 way, and relocations toward its share of project

18 costs, including all reasonable costs associated

19 with obtaining permits necessary for the con20 struction, operation, and maintenance of such

21 project on publicly owned or controlled lands,

22 but not to exceed 25 percent of total project

23 costs.

24 ‘‘(D) OPERATION AND MAINTENANCE.—

25 Operation and maintenance costs for projects
100

•HR 3592 IH

1 constructed with assistance provided under this

2 section shall be 100 percent non-Federal.’’.

3 (b) FUNDING.—Section 340(g) of the Water Re4 sources Development Act of 1992 (106 Stat. 4856) is

5 amended by striking ‘‘$5,000,000’’ and inserting

6 ‘‘$25,000,000’’.

7 SEC. 370. KICKAPOO RIVER, WISCONSIN.

8 (a) IN GENERAL.—The project for flood control and

9 allied purposes, Kickapoo River, Wisconsin, authorized by

10 section 203 of the Flood Control Act of 1962 (76 Stat.

11 1190) and modified by section 814 of the Water Resources

12 Development Act of 1986 (100 Stat. 4169), is further

13 modified as provided by this section.

14 (b) TRANSFER OF PROPERTY.—

15 (1) IN GENERAL.—Subject to the requirements

16 of this subsection, the Secretary shall transfer to the

17 State of Wisconsin, without consideration, all right,

18 title, and interest of the United States to the lands

19 described in paragraph (3), including all works,

20 structures, and other improvements to such lands.

21 (2) TRANSFER TO SECRETARY OF THE INTE22 RIOR.—Subject to the requirements of this sub23 section, on the date of the transfer under paragraph

24 (1), the Secretary shall transfer to the Secretary of

25 the Interior, without consideration, all right, title,
101

•HR 3592 IH

1 and interest of the United States in and to lands

2 that are culturally and religiously significant sites of

3 the Ho-Chunk Nation (a federally recognized Indian

4 tribe) and are located within the lands described in

5 paragraph (3). Such lands shall be specified in ac6 cordance with paragraph (4)(C) and may not exceed

7 a total of 1,200 acres.

8 (3) LAND DESCRIPTION.—The lands to be

9 transferred pursuant to paragraphs (1) and (2) are

10 the approximately 8,569 acres of land associated

11 with the LaFarge Dam and Lake portion of the

12 project referred to in subsection (a) in Vernon Coun13 ty, Wisconsin, in the following sections:

14 (A) Section 31, Township 14 North, Range

15 1 West of the 4th Principal Meridian.

16 (B) Sections 2 through 11, and 16, 17, 20,

17 and 21, Township 13 North, Range 2 West of

18 the 4th Principal Meridian.

19 (C) Sections 15, 16, 21 through 24, 26,

20 27, 31, and 33 through 36, Township 14

21 North, Range 2 West of the 4th Principal

22 Meridian.

23 (4) TERMS AND CONDITIONS.—

24 (A) HOLD HARMLESS; REIMBURSEMENT

25 OF UNITED STATES.—The transfer under para-
102

•HR 3592 IH

1 graph (1) shall be made on the condition that

2 the State of Wisconsin enters into a written

3 agreement with the Secretary to hold the

4 United States harmless from all claims arising

5 from or through the operation of the lands and

6 improvements subject to the transfer. If title to

7 the lands described in paragraph (3) is sold or

8 transferred by the State, then the State shall

9 reimburse the United States for the price origi10 nally paid by the United States for purchasing

11 such lands.

12 (B) IN GENERAL.—The Secretary shall

13 make the transfers under paragraphs (1) and

14 (2) only if on or before April 30, 1997, the

15 State of Wisconsin enters into and submits to

16 the Secretary a memorandum of understanding,

17 as specified in subparagraph (C), with the trib18 al organization (as defined by section 4(l) of the

19 Indian Self-Determination and Education As20 sistance Act (25 U.S.C. 450b(l)) of the Ho21 Chunk Nation.

22 (C) MEMORANDUM OF UNDERSTANDING.—

23 The memorandum of understanding referred to

24 in subparagraph (B) shall contain, at a mini25 mum, the following:
103

•HR 3592 IH

1 (i) A description of sites and associ2 ated lands to be transferred to the Sec3 retary of the Interior under paragraph (2).

4 (ii) An agreement specifying that the

5 lands transferred under paragraphs (1)

6 and (2) shall be preserved in a natural

7 state and developed only to the extent nec8 essary, consistent with the Wisconsin State

9 law creating the Kickapoo Valley Govern10 ing Board (1993 Wisconsin State Act

11 349), to enhance outdoor recreational and

12 educational opportunities.

13 (iii) An agreement specifying the

14 terms and conditions of a plan for the

15 management of the lands to be transferred

16 under paragraphs (1) and (2).

17 (iv) A provision requiring a review of

18 the plan referred to in clause (iii) to be

19 conducted every 10 years under which the

20 State of Wisconsin, acting through the

21 Kickapoo Valley Governing Board, and the

22 Ho-Chunk Nation may agree to revisions

23 of the plan in order to address changed

24 circumstances on the lands transferred

25 under paragraph (2). Such provision may
104

•HR 3592 IH

1 include a plan for the transfer to the Sec2 retary of the Interior of any additional site

3 discovered to be culturally and religiously

4 significant to the Ho-Chunk Nation.

5 (5) ADMINISTRATION OF LANDS.—The lands

6 transferred to the Secretary of the Interior under

7 paragraph (2), and any lands transferred to the Sec8 retary of the Interior pursuant to the memorandum

9 of understanding entered into under paragraph (3),

10 shall be held in trust for, and added to and adminis11 tered as part of the reservation of, the Ho-Chunk

12 Nation.

13 (6) TRANSFER OF FLOWAGE EASEMENTS.—The

14 Secretary shall transfer to the owner of the servient

15 estate, without consideration, all right, title, and in16 terest of the United States in and to each flowage

17 easement acquired as part of the project referred to

18 in subsection (a) within Township 14 North, Range

19 2 West of the 4th Principal Meridian, Vernon Coun20 ty, Wisconsin.

21 (7) DEADLINES.—Not later than July 1, 1997,

22 the Secretary shall transmit to the State of Wiscon23 sin an offer to make the transfer under this para24 graph. Such offer shall provide for the transfer to be
105

•HR 3592 IH

1 made in the period beginning on November 1, 1997,

2 and ending on December 31, 1997.

3 (8) DEAUTHORIZATION.—The LaFarge Dam

4 and Lake portion of the project referred to in sub5 section (a) is not authorized after the date of the

6 transfer under this subsection.

7 (9) INTERIM MANAGEMENT AND MAINTE8 NANCE.—The Secretary shall continue to manage

9 and maintain the LaFarge Dam and Lake portion

10 of the project referred to in subsection (a) until the

11 date of the transfer under this section.

12 (c) COMPLETION OF PROJECT FEATURES.—

13 (1) REQUIREMENT.—The Secretary shall un14 dertake the completion of the following features of

15 the project referred to in subsection (a):

16 (A) The continued relocation of State high17 way route 131 and county highway routes P

18 and F substantially in accordance with plans

19 contained in Design Memorandum No. 6, Relo20 cation-LaFarge Reservoir, dated June 1970; ex21 cept that the relocation shall generally follow

22 the existing road rights-of-way through the

23 Kickapoo Valley.

24 (B) Environmental cleanup and site res25 toration of abandoned wells, farm sites, and
106

•HR 3592 IH

1 safety modifications to the water control struc2 tures.

3 (C) Cultural resource activities to meet the

4 requirements of Federal law.

5 (2) PARTICIPATION BY STATE OF WISCONSIN.—

6 In undertaking the completion of the features de7 scribed in paragraph (1), the Secretary shall deter8 mine the requirements of the State of Wisconsin on

9 the location and design of each such feature.

10 (d) FUNDING.—There is authorized to be appro11 priated to carry out this section for fiscal years beginning

12 after September 30, 1996, $17,000,000.

13 SEC. 371. TETON COUNTY, WYOMING.

14 Section 840 of the Water Resources Development Act

15 of 1986 (100 Stat. 4176) is amended—

16 (1) by striking ‘‘: Provided, That’’ and inserting

17 ‘‘; except that’’;

18 (2) by striking ‘‘in cash or materials’’ and in19 serting ‘‘, through providing in-kind services or cash

20 or materials,’’; and

21 (3) by adding at the end the following: ‘‘In car22 rying out this section, the Secretary may enter into

23 agreements with the non-Federal sponsor permitting

24 the non-Federal sponsor to perform operation and
107

•HR 3592 IH

1 maintenance for the project on a cost-reimbursable

2 basis.’’.

3 TITLE IV—STUDIES

4 SEC. 401. CORPS CAPABILITY STUDY, ALASKA.

5 The Secretary shall review the capability of the Corps

6 of Engineers to plan, design, construct, operate, and main7 tain rural sanitation projects for rural and Native villages

8 in Alaska. Not later than 18 months after the date of the

9 enactment of this Act, the Secretary shall transmit find10 ings and recommendations on the agency’s capability, to11 gether with recommendations on the advisability of assum12 ing such a mission.

13 SEC. 402. MCDOWELL MOUNTAIN, ARIZONA.

14 The Secretary shall credit the non-Federal share of

15 the cost of the feasibility study on the McDowell Mountain

16 project an amount equivalent to the cost of work per17 formed by the city of Scottsdale, Arizona, and accom18 plished prior to the city’s entering into an agreement with

19 the Secretary if the Secretary determines that the work

20 is necessary for the study.

21 SEC. 403. NOGALES WASH AND TRIBUTARIES, ARIZONA.

22 (a) STUDY.—The Secretary shall conduct a study of

23 the relationship of flooding in Nogales, Arizona, and

24 floodflows emanating from Mexico.
108

•HR 3592 IH

1 (b) REPORT.—The Secretary shall transmit to Con2 gress a report on the results of the study conducted under

3 subsection (a), together with recommendations concerning

4 the appropriate level of non-Federal participation in the

5 project for flood control, Nogales Wash and tributaries,

6 Arizona, authorized by section 101(a)(4) of the Water Re7 sources Development Act of 1990 (104 Stat. 4606).

8 SEC. 404. GARDEN GROVE, CALIFORNIA.

9 The Secretary shall conduct a study to assess the fea10 sibility of implementing improvements in the regional

11 flood control system within Garden Grove, California.

12 SEC. 405. MUGU LAGOON, CALIFORNIA.

13 (a) STUDY.—The Secretary shall conduct a study of

14 the environmental impacts associated with sediment trans15 port, flood flows, and upstream watershed land use prac16 tices on Mugu Lagoon, California. The study shall include

17 an evaluation of alternatives for the restoration of the es18 tuarine ecosystem functions and values associated with

19 Mugu Lagoon and the endangered and threatened species

20 inhabiting the area.

21 (b) CONSULTATION AND COORDINATION.—In con22 ducting the study, the Secretary shall consult with the

23 Secretary of the Navy and shall coordinate with State and

24 local resource agencies to assure that the study is compat-
109

•HR 3592 IH

1 ible with restoration efforts for the Calleguas Creek water2 shed.

3 (c) REPORT.—Not later than 24 months after the

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

5 transmit to Congress a report on the results of the study.

6 SEC. 406. SANTA YNEZ, CALIFORNIA.

7 (a) PLANNING.—Not later than 1 year after the date

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

9 a comprehensive river basin management plan addressing

10 the long term ecological, economic, and flood control needs

11 of the Santa Ynez River basin, California. In preparing

12 such plan, the Secretary shall consult the Santa Barbara

13 Flood Control District and other affected local govern14 mental entities.

15 (b) TECHNICAL ASSISTANCE.—The Secretary shall

16 provide technical assistance to the Santa Barbara Flood

17 Control District with respect to implementation of the

18 plan to be prepared under subsection (a).

19 SEC. 407. YOLO BYPASS, SACRAMENTO-SAN JOAQUIN

20 DELTA, CALIFORNIA.

21 The Secretary shall study the advisability of acquir22 ing land in the vicinity of the Yolo Bypass in the Sac23 ramento-San Joaquin Delta, California, for the purpose

24 of environmental mitigation for the flood control project
110

•HR 3592 IH

1 for Sacramento, California, and other water resources

2 projects in the area.

3 SEC. 408. SPRINGFIELD, ILLINOIS.

4 The Secretary shall provide technical, planning, and

5 design assistance to the city of Springfield, Illinois, in de6 veloping—

7 (1) an environmental impact statement for the

8 proposed development of a water supply reservoir,

9 including the preparation of necessary documenta10 tion in support of the environmental impact state11 ment; and

12 (2) an evaluation of technical, economic, and

13 environmental impacts of such development.

14 SEC. 409. BEAUTY CREEK WATERSHED, VALPARAISO CITY,

15 PORTER COUNTY, INDIANA.

16 The Secretary shall conduct a study to assess the fea17 sibility of implementing streambank erosion control meas18 ures and flood control measures within the Beauty Creek

19 watershed, Valparaiso City, Porter County, Indiana.

20 SEC. 410. GRAND CALUMET RIVER, HAMMOND, INDIANA.

21 (a) STUDY.—The Secretary shall conduct a study to

22 establish a methodology and schedule to restore the wet23 lands at Wolf Lake and George Lake in Hammond, Indi24 ana.
111

•HR 3592 IH

1 (b) REPORT.—Not later than 1 year after the date

2 of the enactment of this Act, the Secretary shall transmit

3 to Congress a report on the results of the study conducted

4 under subsection (a).

5 SEC. 411. INDIANA HARBOR CANAL, EAST CHICAGO, LAKE

6 COUNTY, INDIANA.

7 The Secretary shall conduct a study of the feasibility

8 of including environmental and recreational features, in9 cluding a vegetation buffer, as part of the project for navi10 gation, Indiana Harbor Canal, East Chicago, Lake Coun11 ty, Indiana, authorized by the first section of the Rivers

12 and Harbors Appropriations Act of June 25, 1910 (36

13 Stat. 657).

14 SEC. 412. KOONTZ LAKE, INDIANA.

15 The Secretary shall conduct a study of the feasibility

16 of implementing measures to restore Koontz Lake, Indi17 ana, including measures to remove silt, sediment, nutri18 ents, aquatic growth, and other noxious materials from

19 Koontz Lake, measures to improve public access facilities

20 to Koontz Lake, and measures to prevent or abate the de21 posit of sediments and nutrients in Koontz Lake.

22 SEC. 413. LITTLE CALUMET RIVER, INDIANA.

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

24 the impact of the project for flood control, Little Calumet

25 River, Indiana, authorized by section 401(a) of the Water
112

•HR 3592 IH

1 Resources Development Act of 1986 (100 Stat. 4115), on

2 flooding and water quality in the vicinity of the Black Oak

3 area of Gary, Indiana.

4 (b) REPORT.—Not later than 1 year after the date

5 of the enactment of this Act, the Secretary shall transmit

6 to Congress a report on the results of the study conducted

7 under subsection (a), together with recommendations for

8 cost-effective remediation of impacts described in sub9 section (a).

10 (c) FEDERAL SHARE.—The Federal share of the cost

11 of the study to be conducted under subsection (a) shall

12 be 100 percent.

13 SEC. 414. TIPPECANOE RIVER WATERSHED, INDIANA.

14 (a) STUDY.—The Secretary shall conduct a study of

15 water quality and environmental restoration needs in the

16 Tippecanoe River watershed, Indiana, including measures

17 necessary to reduce siltation in Lake Shafer and Lake

18 Freeman.

19 (b) ASSISTANCE.—The Secretary shall provide tech20 nical, planning, and design assistance to the Shafer Free21 man Lakes Environmental Conservation Corporation in

22 addressing potential environmental restoration activities

23 determined as a result of the study conducted under sub24 section (a).
113

•HR 3592 IH

1 SEC. 415. CALCASIEU SHIP CHANNEL, HACKBERRY, LOUISI2 ANA.

3 The Secretary shall conduct a study to determine the

4 need for improved navigation and related support service

5 structures in the vicinity of the Calcasieu Ship Channel,

6 Hackberry, Louisiana.

7 SEC. 416. HURON RIVER, MICHIGAN.

8 The Secretary shall conduct a study to determine the

9 need for channel improvements and associated modifica10 tions for the purpose of providing a harbor of refuge at

11 Huron River, Michigan.

12 SEC. 417. RIVER DES PERES, SAINT LOUIS COUNTY, MIS13 SOURI.

14 The Secretary shall conduct a study to determine the

15 feasibility of potential flood control measures for the River

16 Des Peres to protect the Carondelet and Germania neigh17 borhoods in St. Louis, Missouri. In conducting the study,

18 the Secretary shall consider potential storm water runoff

19 and related improvements and shall cooperate with the

20 Metropolitan Saint Louis Sewer District.

21 SEC. 418. SACO RIVER, NEW HAMPSHIRE.

22 The Secretary shall conduct a study of flood control

23 problems along the Saco River in Hart’s Location, New

24 Hampshire, for the purpose of evaluating retaining walls,

25 berms, and other structures with a view to potential solu26 tions involving repair or replacement of existing structures
114

•HR 3592 IH

1 and shall consider other alternatives for flood damage re2 duction.

3 SEC. 419. BUFFALO RIVER GREENWAY, NEW YORK.

4 The Secretary shall conduct a study of a potential

5 greenway trail project along the Buffalo River between the

6 park system of the city of Buffalo, New York, and Lake

7 Erie. Such study shall include preparation of an inte8 grated plan of development that takes into consideration

9 the adjacent parks, nature preserves, bikeways, and relat10 ed recreational facilities.

11 SEC. 420. PORT OF NEW YORK-NEW JERSEY SEDIMENT

12 STUDY.

13 (a) STUDY OF MEASURES TO REDUCE SEDIMENT

14 DEPOSITION.—The Secretary shall conduct a study of

15 measures that could reduce sediment deposition in the vi16 cinity of the Port of New York-New Jersey for the purpose

17 of reducing the volumes to be dredged for navigation

18 projects in the Port.

19 (b) DREDGED MATERIAL DISPOSAL STUDY.—The

20 Secretary shall conduct a study to determine the feasibility

21 of constructing and operating an underwater confined

22 dredged material disposal site in the Port of New York23 New Jersey which could accommodate as much as 250,000

24 cubic yards of dredged materials for the purpose of dem25 onstrating the feasibility of an underwater confined dis-
115

•HR 3592 IH

1 posal pit as an environmentally suitable method of con2 taining certain sediments.

3 (c) REPORT.—The Secretary shall transmit to Con4 gress a report on the results of the studies conducted

5 under this section, together with any recommendations of

6 the Secretary concerning reduction of sediment deposition

7 referred to in subsection (a).

8 SEC. 421. PORT OF NEW YORK-NEW JERSEY NAVIGATION

9 STUDY.

10 The Secretary shall conduct a comprehensive study

11 of navigation needs at the Port of New York-New Jersey

12 to address improvements, including deepening of existing

13 channels, that are required to provide economically effi14 cient and environmentally sound navigation to meet cur15 rent and future requirements.

16 SEC. 422. CHAGRIN RIVER, OHIO.

17 The Secretary shall conduct a study of flooding prob18 lems along the Chagrin River in Eastlake, Ohio. In con19 ducting such study, the Secretary shall evaluate potential

20 solutions to flooding from all sources, including that re21 sulting from ice jams, and shall evaluate the feasibility of

22 a sedimentation collection pit and other potential meas23 ures to reduce flooding.
116

•HR 3592 IH

1 SEC. 423. CHARLESTON, SOUTH CAROLINA, ESTUARY.

2 The Secretary is authorized to conduct a study of the

3 Charleston estuary area located in Charleston, Berkeley,

4 and Dorchester Counties, South Carolina, for the purpose

5 of evaluating environmental conditions in the tidal reaches

6 of the Ashley, Cooper, Stono, and Wando Rivers and the

7 lower portions of Charleston Harbor.

8 SEC. 424. MUSTANG ISLAND, CORPUS CHRISTI, TEXAS.

9 The Secretary shall conduct a study of navigation

10 along the south-central coast of Texas near Corpus Christi

11 for the purpose of determining the feasibility of construct12 ing and maintaining the Packery Channel on the southern

13 portion of Mustang Island.

14 SEC. 425. PRINCE WILLIAM COUNTY, VIRGINIA.

15 The Secretary shall conduct a study of flooding, ero16 sion, and other water resources problems in Prince Wil17 liam County, Virginia, including an assessment of wet18 lands protection, erosion control, and flood damage reduc19 tion needs of the County.

20 SEC. 426. PACIFIC REGION.

21 (a) STUDY.—The Secretary is authorized to conduct

22 studies in the interest of navigation in that part of the

23 Pacific region that includes American Samoa, Guam, and

24 the Commonwealth of the Northern Mariana Islands.

25 (b) COST SHARING.—The cost sharing provisions of

26 section 105 of the Water Resources Development Act of
117

•HR 3592 IH

1 1986 (33 U.S.C. 2215; 100 Stat. 4088–4089) shall apply

2 to studies under this section.

3 TITLE V—MISCELLANEOUS

4 PROVISIONS

5 SEC. 501. PROJECT DEAUTHORIZATIONS.

6 (a) IN GENERAL.—The following projects are not au7 thorized after the date of the enactment of this Act:

8 (1) BRANFORD HARBOR, CONNECTICUT.—The

9 following portion of the project for navigation, Bran10 ford River, Connecticut, authorized by the first sec11 tion of the Rivers and Harbors Appropriations Act

12 of June 13, 1902 (32 Stat. 333): Starting at a point

13 on the Federal channel line whose coordinates are

14 N156181.32, E581572.38, running south 70 degrees

15 11 minutes 8 seconds west a distance of 171.58 feet

16 to another point on the Federal channel line whose

17 coordinates are N156123.18, E581410.96.

18 (2) BRIDGEPORT HARBOR, CONNECTICUT.—The

19 following portion of the project for navigation,

20 Bridgeport Harbor, Connecticut, authorized by sec21 tion 101 of the River and Harbor Act of 1958 (72

22 Stat. 297): A 2.4-acre anchorage area, 9 feet deep,

23 and an adjacent 0.6-acre anchorage, 6 feet deep, lo24 cated on the west side of Johnsons River.
118

•HR 3592 IH

1 (3) GUILFORD HARBOR, CONNECTICUT.—The

2 following portion of the project for navigation, Guil3 ford Harbor, Connecticut, authorized by section 2 of

4 the Act entitled ‘‘An Act authorizing construction,

5 repair, and preservation of certain public works on

6 rivers and harbors, and for other purposes’’, ap7 proved March 2, 1945 (50 Stat. 13): Starting at a

8 point where the Sluice Creek Channel intersects with

9 the main entrance channel, N159194.63,

10 E623201.07, thence running north 24 degrees 58

11 minutes 15.2 seconds west 478.40 feet to a point

12 N159628.31, E622999.11, thence running north 20

13 degrees 18 minutes 31.7 seconds west 351.53 feet to

14 a point N159957.99, E622877.10, thence running

15 north 69 degrees 41 minutes 37.9 seconds east

16 55.000 feet to a point N159977.08, E622928.69,

17 thence turning and running south 20 degrees 18

18 minutes 31.0 seconds east 349.35 feet to a point

19 N159649.45, E623049.94, thence turning and run20 ning south 24 degrees 58 minutes 11.1 seconds east

21 341.36 feet to a point N159340.00, E623194.04,

22 thence turning and running south 90 degrees 0 min23 utes 0 seconds east 78.86 feet to a point

24 N159340.00, E623272.90.
119

•HR 3592 IH

1 (4) JOHNSONS RIVER CHANNEL, BRIDGEPORT

2 HARBOR, CONNECTICUT.—The following portion of

3 the project for navigation, Johnsons River Channel,

4 Bridgeport Harbor, Connecticut, authorized by the

5 first section of the Rivers and Harbors Act of July

6 24, 1946 (60 Stat. 634): Northerly of a line across

7 the Federal channel. The coordinates of such line

8 are N 123318.35, E 486301.68 and N 123257.15,

9 E 486380.77.

10 (5) MYSTIC RIVER, CONNECTICUT.—The follow11 ing portion of the project for improving the Mystic

12 River, Connecticut, authorized by the River and

13 Harbor Act approved March 4, 1913 (37 Stat. 802):

14 Beginning in the 15-foot deep channel at coordinates

15 north 190860.82, east 814416.20, thence running

16 southeast about 52.01 feet to the coordinates north

17 190809.47, east 814424.49, thence running south18 west about 34.02 feet to coordinates north

19 190780.46, east 814406.70, thence running north

20 about 80.91 feet to the point of beginning.

21 (6) NORWALK HARBOR, CONNECTICUT.—

22 (A) DEAUTHORIZATION.—The portion of

23 the project for navigation, Norwalk Harbor,

24 Connecticut, authorized by the River and Har25 bor Act of March 2, 1919 (40 Stat. 1276), that
120

•HR 3592 IH

1 lies northerly of a line across the Federal chan2 nel having coordinates N104199.72,

3 E417774.12 and N104155.59, E417628.96,

4 and those portions of the 6-foot deep East Nor5 walk Channel and Anchorage, authorized by

6 section 2 of the Act entitled ‘‘An Act authoriz7 ing the construction, repair, and preservation of

8 certain public works on rivers and harbors, and

9 for other purposes’’, approved March 2, 1945

10 (59 Stat. 13), not included in the description of

11 the realignment of the project contained in sub12 paragraph (B).

13 (B) REALIGNMENT DESCRIPTION.—The re14 aligned 6-foot deep East Norwalk Channel and

15 Anchorage is described as follows: starting at a

16 point on the East Norwalk Channel,

17 N95743.02, E419581.37, thence running

18 northwesterly about 463.96 feet to a point

19 N96197.93, E419490.18, thence running

20 northwesterly about 549.32 feet to a point

21 N96608.49, E419125.23, thence running

22 northwesterly about 384.06 feet to a point

23 N96965.94, E418984.75, thence running

24 northwesterly about 407.26 feet to a point

25 N97353.87, E418860.78, thence running west-
121

•HR 3592 IH

1 erly about 58.26 feet to a point N97336.26,

2 E418805.24, thence running northwesterly

3 about 70.99 feet to a point N97390.30,

4 E418759.21, thence running westerly about

5 71.78 feet to a point on the anchorage limit

6 N97405.26, E418689.01, thence running

7 southerly along the western limits of the exist8 ing Federal anchorage until reaching a point

9 N95893.74, E419449.17, thence running in a

10 southwesterly direction about 78.74 feet to a

11 point on the East Norwalk Channel N95815.62,

12 E419439.33.

13 (C) REDESIGNATION.—All of the realigned

14 channel shall be redesignated as anchorage,

15 with the exception of that portion of the chan16 nel which narrows to a width of 100 feet and

17 terminates at a line whose coordinates are

18 N96456.81, E419260.06, and N96390.37,

19 E419185.32, which shall remain as a channel.

20 (7) SOUTHPORT HARBOR, CONNECTICUT.—

21 (A) DEAUTHORIZATION PORTION OF

22 PROJECT.—The following portions of the

23 project for navigation, Southport Harbor, Con24 necticut, authorized by the first section of the
122

•HR 3592 IH

1 Rivers and Harbors Act of August 30, 1935

2 (49 Stat. 1029):

3 (i) The 6-foot deep anchorage located

4 at the head of the project.

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

6 channel beginning at a bend in the channel

7 whose coordinates are north 109131.16,

8 east 452653.32 running thence in a north9 easterly direction about 943.01 feet to a

10 point whose coordinates are north

11 109635.22, east 453450.31 running thence

12 in a southeasterly direction about 22.66

13 feet to a point whose coordinates are north

14 109617.15, east 453463.98 running thence

15 in a southwesterly direction about 945.18

16 feet to the point of beginning.

17 (B) REMAINDER.—The remaining portion

18 of the project referred to in subparagraph (A)

19 northerly of a line whose coordinates are north

20 108699.15, east 452768.36 and north

21 108655.66, east 452858.73 shall be redesig22 nated as an anchorage.

23 (8) STONY CREEK, BRANFORD, CONNECTI24 CUT.—The following portion of the project for navi25 gation, Stony Creek, Connecticut, authorized under
123

•HR 3592 IH

1 section 107 of the River and Harbor Act of 1960

2 (33 U.S.C. 577): The 6-foot maneuvering basin

3 starting at a point N157031.91, E599030.79,

4 thence running northeasterly about 221.16 feet to a

5 point N157191.06, E599184.37, thence running

6 northerly about 162.60 feet to a point N157353.56,

7 E599189.99, thence running southwesterly about

8 358.90 feet to the point of origin.

9 (9) YORK HARBOR, MAINE.—That portion of

10 the project for navigation, York Harbor, Maine, au11 thorized by section 101 of the River and Harbor Act

12 of 1960 (74 Stat. 480), located in the 8-foot deep

13 anchorage area beginning at coordinates N

14 109340.19, E 372066.93, thence running north 65

15 degrees 12 minutes 10.5 seconds E 423.27 feet to

16 a point N 109517.71, E372451.17, thence running

17 north 28 degrees 42 minutes 58.3 seconds west

18 11.68 feet to a point N 109527.95, E 372445.56,

19 thence running south 63 degrees 37 minutes 24.6

20 seconds west 422.63 feet returning to the point of

21 beginning and that portion in the 8-foot deep an22 chorage area beginning at coordinates N 108557.24,

23 E 371645.88, thence running south 60 degrees 41

24 minutes 17.2 seconds east 484.51 feet to a point N

25 108320.04, E 372068.36, thence running north 29
124

•HR 3592 IH

1 degrees 12 minutes 53.3 seconds east 15.28 feet to

2 a point N 108333.38, E 372075.82, thence running

3 north 62 degrees 29 minutes 42.1 seconds west

4 484.73 feet returning to the point of beginning.

5 (10) CHELSEA RIVER, BOSTON HARBOR, MASSA6 CHUSETTS.—The following portion of the project for

7 navigation, Boston Harbor, Massachusetts, author8 ized by section 101 of the River and Harbor Act of

9 1962 (76 Stat. 1173), consisting of a 35-foot deep

10 channel in the Chelsea River: Beginning at a point

11 on the northern limit of the existing project

12 N505357.84, E724519.19, thence running north13 easterly about 384.19 feet along the northern limit

14 of the existing project to a bend on the northern

15 limit of the existing project N505526.87,

16 E724864.20, thence running southeasterly about

17 368.00 feet along the northern limit of the existing

18 project to another point N505404.77, E725211.35,

19 thence running westerly about 594.53 feet to a point

20 N505376.12, E724617.51, thence running south21 westerly about 100.00 feet to the point of origin.

22 (11) COHASSET HARBOR, COHASSET, MASSA23 CHUSETTS.—The following portions of the project

24 for navigation, Cohasset Harbor, Massachusetts, au-
125

•HR 3592 IH

1 thorized under section 107 of the River and Harbor

2 Act of 1960 (33 U.S.C. 577):

3 (A) The portion starting at a point

4 N453510.15, E792664.63, thence running

5 south 53 degrees 07 minutes 05.4 seconds west

6 307.00 feet to a point N453325.90,

7 E792419.07, thence running north 57 degrees

8 56 minutes 36.8 seconds west 201.00 feet to a

9 point N453432.58, E792248.72, thence run10 ning south 88 degrees 57 minutes 25.6 seconds

11 west 50.00 feet to a point N453431.67,

12 E792198.73, thence running north 01 degree

13 02 minutes 52.3 seconds west 66.71 feet to a

14 point N453498.37, E792197.51, thence run15 ning north 69 degrees 12 minutes 52.3 seconds

16 east 332.32 feet to a point N453616.30,

17 E792508.20, thence running south 55 degrees

18 50 minutes 24.1 seconds east 189.05 feet to the

19 point of origin.

20 (B) The portion starting at a point

21 N452886.64, E791287.83, thence running

22 south 00 degrees 00 minutes 00.0 seconds west

23 56.04 feet to a point N452830.60, E791287.83,

24 thence running north 90 degrees 00 minutes

25 00.0 seconds west 101.92 feet to a point,
126

•HR 3592 IH

1 N452830.60, E791185.91, thence running

2 north 52 degrees 12 minutes 49.7 seconds east

3 89.42 feet to a point, N452885.39,

4 E791256.58, thence running north 87 degrees

5 42 minutes 33.8 seconds east 31.28 feet to the

6 point of origin.

7 (C) The portion starting at a point,

8 N452261.08, E792040.24, thence running

9 north 89 degrees 07 minutes 19.5 seconds east

10 118.78 feet to a point, N452262.90,

11 E792159.01, thence running south 43 degrees

12 39 minutes 06.8 seconds west 40.27 feet to a

13 point, N452233.76, E792131.21, thence run14 ning north 74 degrees 33 minutes 29.1 seconds

15 west 94.42 feet to a point, N452258.90,

16 E792040.20, thence running north 01 degree

17 03 minutes 04.3 seconds east 2.18 feet to the

18 point of origin.

19 (12) FALMOUTH, MASSACHUSETTS.—

20 (A) DEAUTHORIZATIONS.—The following

21 portions of the project for navigation, Falmouth

22 Harbor, Massachusetts, authorized by section

23 101 of the River and Harbor Act of 1948 (62

24 Stat. 1172):
127

•HR 3592 IH

1 (i) The portion commencing at a point

2 north 199286.37 east 844394.81 a line

3 running north 73 degrees 09 minutes 29

4 seconds east 440.34 feet to a point north

5 199413.99 east 844816.36, thence turning

6 and running north 43 degrees 09 minutes

7 34.5 seconds east 119.99 feet to a point

8 north 199501.52 east 844898.44, thence

9 turning and running south 66 degrees 52

10 minutes 03.5 seconds east 547.66 feet re11 turning to a point north 199286.41 east

12 844394.91.

13 (ii) The portion commencing at a

14 point north 199647.41 east 845035.25 a

15 line running north 43 degrees 09 minutes

16 33.1 seconds east 767.15 feet to a point

17 north 200207.01 east 845560.00, thence

18 turning and running north 11 degrees 04

19 minutes 24.3 seconds west 380.08 feet to

20 a point north 200580.01 east 845487.00,

21 thence turning and running north 22 de22 grees 05 minutes 50.8 seconds east

23 1332.36 feet to a point north 201814.50

24 east 845988.21, thence turning and run25 ning north 02 degrees 54 minutes 15.7
128

•HR 3592 IH

1 seconds east 15.0 feet to a point north

2 201829.48 east 845988.97, thence turning

3 and running south 24 degrees 56 minutes

4 42.3 seconds west 1410.29 feet returning

5 to the point north 200550.75 east

6 845394.18.

7 (B) REDESIGNATION.—The portion of the

8 project for navigation Falmouth, Massachu9 setts, referred to in subparagraph (A) upstream

10 of a line designated by the 2 points north

11 199463.18 east 844496.40 and north

12 199350.36 east 844544.60 is redesignated as

13 an anchorage area.

14 (13) MYSTIC RIVER, MASSACHUSETTS.—The

15 following portion of the project for navigation, Mys16 tic River, Massachusetts, authorized by section 101

17 of the River and Harbor Act of 1950 (64 Stat. 164):

18 The 35–foot deep channel beginning at a point on

19 the northern limit of the existing project,

20 N506243.78, E717600.27, thence running easterly

21 about 1000.00 feet along the northern limit of the

22 existing project to a point, N506083.42,

23 E718587.33, thence running southerly about 40.00

24 feet to a point, N506043.94, E718580.91, thence

25 running westerly about 1000.00 feet to a point,
129

•HR 3592 IH

1 N506204.29, E717593.85, thence running northerly

2 about 40.00 feet to the point of origin.

3 (14) WEYMOUTH-FORE AND TOWN RIVERS,

4 MASSACHUSETTS.—The following portions of the

5 project for navigation, Weymouth-Fore and Town

6 Rivers, Boston Harbor, Massachusetts, authorized

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

8 (79 Stat. 1089):

9 (A) The 35–foot deep channel beginning at

10 a bend on the southern limit of the existing

11 project, N457394.01, E741109.74, thence run12 ning westerly about 405.25 feet to a point,

13 N457334.64, E740708.86, thence running

14 southwesterly about 462.60 feet to another

15 bend in the southern limit of the existing

16 project, N457132.00, E740293.00, thence run17 ning northeasterly about 857.74 feet along the

18 southern limit of the existing project to the

19 point of origin.

20 (B) The 15 and 35-foot deep channels be21 ginning at a point on the southern limit of the

22 existing project, N457163.41, E739903.49,

23 thence running northerly about 111.99 feet to

24 a point, N457275.37, E739900.76, thence run25 ning westerly about 692.37 feet to a point
130

•HR 3592 IH

1 N457303.40, E739208.96, thence running

2 southwesterly about 190.01 feet to another

3 point on the southern limit of the existing

4 project, N457233.17, E739032.41, thence run5 ning easterly about 873.87 feet along the south6 ern limit of the existing project to the point of

7 origin.

8 (15) OSWEGATCHIE RIVER, OGDENSBURG NEW

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

10 project for navigation, Ogdensburg Harbor, New

11 York, authorized by the first section of the Rivers

12 and Harbors Appropriations Act of June 25, 1910

13 (36 Stat. 635), as modified by the first section of

14 the Rivers and Harbors Act of August 30, 1935 (49

15 Stat. 1037), which is in the Oswegatchie River in

16 Ogdensburg, New York, from the southernmost

17 alignment of the Route 68 bridge upstream to the

18 northernmost alignment of the Lake Street bridge.

19 (16) APPONAUG COVE, WARWICK, RHODE IS20 LAND.—The following portion of the project for

21 navigation, Apponaug Cove, Rhode Island, author22 ized under section 101 of the River and Harbor Act

23 of 1960 (74 Stat. 480): The 6-foot channel bounded

24 by coordinates N223269.93, E513089.12;
131

•HR 3592 IH

1 N223348.31, E512799.54; N223251.78,

2 E512773.41; and N223178.0, E513046.0.

3 (17) PORT WASHINGTON HARBOR, WISCON4 SIN.—The following portion of the navigation project

5 for Port Washington Harbor, Wisconsin, authorized

6 by the Rivers and Harbors Appropriations Act of

7 July 11, 1870 (16 Stat. 223): Beginning at the

8 northwest corner of project at Channel Pt. No. 36,

9 of the Federal Navigation Project, Port Washington

10 Harbor, Ozaukee County, Wisconsin, at coordinates

11 N513529.68, E2535215.64, thence 188 degrees 31

12 minutes 59 seconds, a distance of 178.32 feet,

13 thence 196 degrees 47 minutes 17 seconds, a dis14 tance of 574.80 feet, thence 270 degrees 58 minutes

15 25 seconds, a distance of 465.50 feet, thence 178

16 degrees 56 minutes 17 seconds, a distance of 130.05

17 feet, thence 87 degrees 17 minutes 05 seconds, a

18 distance of 510.22 feet, thence 104 degrees 58 min19 utes 31 seconds, a distance of 178.33 feet, thence

20 115 degrees 47 minutes 55 seconds, a distance of

21 244.15 feet, thence 25 degrees 12 minutes 08 sec22 onds, a distance of 310.00 feet, thence 294 degrees

23 46 minutes 50 seconds, a distance of 390.20 feet,

24 thence 16 degrees 56 minutes 16 seconds, a distance

25 of 570.90 feet, thence 266 degrees 01 minutes 25
132

•HR 3592 IH

1 seconds, a distance of 190.78 feet to Channel Pt.

2 No. 36, point of beginning.

3 SEC. 502. PROJECT REAUTHORIZATIONS.

4 (a) GRAND PRAIRIE REGION AND BAYOU METO

5 BASIN, ARKANSAS.—The project for flood control, Grand

6 Prairie Region and Bayou Meto Basin, Arkansas, author7 ized by section 204 of the Flood Control Act of 1950 (64

8 Stat. 174) and deauthorized pursuant to section

9 1001(b)(1) of the Water Resources Development Act of

10 1986 (33 U.S.C. 579a(b)(1)), is authorized to be carried

11 out by the Secretary.

12 (b) WHITE RIVER, ARKANSAS.—The project for navi13 gation, White River Navigation to Batesville, Arkansas,

14 authorized by section 601(a) of the Water Resources De15 velopment Act of 1986 (100 Stat. 4139) and deauthorized

16 by section 52(b) of the Water Resources Development Act

17 of 1988 (102 Stat. 4045), is authorized to be carried out

18 by the Secretary.

19 (c) DES PLAINES RIVER, ILLINOIS.—The project for

20 wetlands research, Des Plaines River, Illinois, authorized

21 by section 45 of the Water Resources Development Act

22 of 1988 (102 Stat. 4041) and deauthorized pursuant to

23 section 1001 of the Water Resources Development Act of

24 1986 (33 U.S.C. 579a(b)), is authorized to be carried out

25 by the Secretary.
133

•HR 3592 IH

1 (d) ALPENA HARBOR, MICHIGAN.—The project for

2 navigation, Alpena Harbor, Michigan, authorized by sec3 tion 301 of the River and Harbor Act of 1965 (79 Stat.

4 1090) and deauthorized pursuant to section 1001 of the

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

6 579a(b)), is authorized to be carried out by the Secretary.

7 (e) ONTONAGON HARBOR, ONTONAGON COUNTY,

8 MICHIGAN.—The project for navigation, Ontonagon Har9 bor, Ontonagon County, Michigan, authorized by section

10 101 of the River and Harbor Act of 1962 (76 Stat. 1176)

11 and deauthorized pursuant to section 1001 of the Water

12 Resources Development Act of 1986 (33 U.S.C. 579a(b)),

13 is authorized to be carried out by the Secretary.

14 (f) KNIFE RIVER HARBOR, MINNESOTA.—The

15 project for navigation, Knife River Harbor, Minnesota, au16 thorized by section 100 of the Water Resources Develop17 ment Act of 1974 (88 Stat. 41) and deauthorized pursu18 ant to section 1001 of the Water Resources Development

19 Act of 1986 (33 U.S.C. 579a(b)), is authorized to be car20 ried out by the Secretary.

21 (g) CLIFFWOOD BEACH, NEW JERSEY.—The project

22 for hurricane-flood protection and beach erosion control

23 on Raritan Bay and Sandy Hook Bay, New Jersey, au24 thorized by section 203 of the Flood Control Act of 1962

25 (76 Stat. 118) and deauthorized pursuant to section 1001
134

•HR 3592 IH

1 of the Water Resources Development Act of 1986 (33

2 U.S.C. 579a(b)), is authorized to be carried out by the

3 Secretary.

4 SEC. 503. CONTINUATION OF AUTHORIZATION OF CERTAIN

5 PROJECTS.

6 (a) GENERAL RULE.—Notwithstanding section 1001

7 of the Water Resources Development Act of 1986 (33

8 U.S.C. 579a), the following projects shall remain author9 ized to be carried out by the Secretary:

10 (1) CEDAR RIVER HARBOR, MICHIGAN.—The

11 project for navigation, Cedar River Harbor, Michi12 gan, authorized by section 301 of the River and

13 Harbor Act of 1965 (79 Stat. 1090).

14 (2) CROSS VILLAGE HARBOR, MICHIGAN.—The

15 project for navigation, Cross Village Harbor, Michi16 gan, authorized by section 101 of the River and

17 Harbor Act of 1966 (80 Stat. 1405).

18 (b) LIMITATION.—A project described in subsection

19 (a) shall not be authorized for construction after the last

20 day of the 5-year period that begins on the date of the

21 enactment of this Act unless, during such period, funds

22 have been obligated for the construction (including plan23 ning and design) of the project.
135

•HR 3592 IH

1 SEC. 504. LAND CONVEYANCES.

2 (a) OAKLAND INNER HARBOR TIDAL CANAL PROP3 ERTY, CALIFORNIA.—Section 205 of the Water Resources

4 Development Act of 1990 (104 Stat. 4633) is amended—

5 (1) by inserting after paragraph (2) the follow6 ing new paragraph:

7 ‘‘(3) To adjacent land owners, the United

8 States title to all or portions of that part of the

9 Oakland Inner Harbor Tidal Canal which are lo10 cated within the boundaries of the city in which such

11 land rests. Such conveyance shall be at fair market

12 value.’’;

13 (2) by inserting after ‘‘right-of-way’’ the follow14 ing: ‘‘or other rights deemed necessary by the Sec15 retary’’; and

16 (3) by adding at the end the following: ‘‘The

17 conveyances and processes involved will be at no cost

18 to the United States.’’.

19 (b) MARIEMONT, OHIO.—

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

21 to the village of Mariemont, Ohio, for a sum of

22 $85,000 all right, title, and interest of the United

23 States in and to a parcel of land (including improve24 ments thereto) under the jurisdiction of the Corps of

25 Engineers and known as the ‘‘Ohio River Division
136

•HR 3592 IH

1 Laboratory’’, as such parcel is described in para2 graph (4).

3 (2) TERMS AND CONDITIONS.—The conveyance

4 under paragraph (1) shall be subject to such terms

5 and conditions as the Secretary considers necessary

6 and appropriate to protect the interests of the Unit7 ed States.

8 (3) PROCEEDS.—All proceeds from the convey9 ance under paragraph (1) shall be deposited in the

10 general fund of the Treasury of the United States

11 and credited as miscellaneous receipts.

12 (4) PROPERTY DESCRIPTION.—The parcel of

13 land referred to in paragraph (1) is the parcel situ14 ated in the State of Ohio, County of Hamilton,

15 Township 4, Fractional Range 2, Miami Purchase,

16 Columbia Township, Section 15, being parts of Lots

17 5 and 6 of the subdivision of the dower tract of the

18 estate of Joseph Ferris as recorded in Plat Book 4,

19 Page 112, of the Plat Records of Hamilton County,

20 Ohio, Recorder’s Office, and more particularly de21 scribed as follows:

22 Beginning at an iron pin set to mark the

23 intersection of the easterly line of Lot 5 of said

24 subdivision of said dower tract with the north25 erly line of the right-of-way of the Norfolk and
137

•HR 3592 IH

1 Western Railway Company as shown in Plat

2 Book 27, Page 182, Hamilton County, Ohio,

3 Surveyor’s Office, thence with said northerly

4 right-of-way line;

5 South 70 degrees 10 minutes 13 seconds

6 west 258.52 feet to a point; thence leaving the

7 northerly right-of-way of the Norfolk and West8 ern Railway Company;

9 North 18 degrees 22 minutes 02 seconds

10 west 302.31 feet to a point in the south line of

11 Mariemont Avenue; thence along said south

12 line;

13 North 72 degrees 34 minutes 35 seconds

14 east 167.50 feet to a point; thence leaving the

15 south line of Mariemont Avenue;

16 North 17 degrees 25 minutes 25 seconds

17 west 49.00 feet to a point; thence

18 North 72 degrees 34 minutes 35 seconds

19 east 100.00 feet to a point; thence

20 South 17 degrees 25 minutes 25 seconds

21 east 49.00 feet to a point; thence

22 North 72 degrees 34 minutes 35 seconds

23 east 238.90 feet to a point; thence

24 South 00 degrees 52 minutes 07 seconds

25 east 297.02 feet to a point in the northerly line
138

•HR 3592 IH

1 of the Norfolk and Western Railway Company;

2 thence with said northerly right-of-way;

3 South 70 degrees 10 minutes 13 seconds

4 west 159.63 feet to a point of beginning, con5 taining 3.22 acres, more or less.

6 (c) EUFAULA LAKE, OKLAHOMA.—

7 (1) IN GENERAL.—The Secretary shall convey

8 to the city of Eufaula, Oklahoma, all right, title, and

9 interest of the United States in and to a parcel of

10 land consisting of approximately 12.5 acres located

11 at the Eufaula Lake project.

12 (2) CONSIDERATION.—Consideration for the

13 conveyance under paragraph (1) shall be the fair

14 market value of the parcel (as determined by the

15 Secretary) and payment of all costs of the United

16 States in making the conveyance, including the costs

17 of—

18 (A) the survey required under paragraph

19 (4);

20 (B) any other necessary survey or survey

21 monumentation;

22 (C) compliance with the National Environ23 mental Policy Act of 1969 (42 U.S.C. 4321 et

24 seq.); and
139

•HR 3592 IH

1 (D) any coordination necessary with re2 spect to requirements relating to endangered

3 species, cultural resources, and clean air (in4 cluding the costs of agency consultation and

5 public hearings).

6 (3) LAND SURVEYS.—The exact acreage and

7 description of the parcel to be conveyed under para8 graph (1) shall be determined by such surveys as the

9 Secretary considers necessary, which shall be carried

10 out to the satisfaction of the Secretary.

11 (4) ENVIRONMENTAL BASELINE SURVEY.—

12 Prior to making the conveyance under paragraph

13 (1), the Secretary shall conduct an environmental

14 baseline survey to determine the levels of any con15 tamination (as of the date of the survey) for which

16 the United States would be responsible under the

17 Comprehensive Environmental Response, Compensa18 tion, and Liability Act of 1980 (42 U.S.C. 9601 et

19 seq.) and any other applicable law.

20 (5) CONDITIONS CONCERNING RIGHTS AND

21 EASEMENT.—The conveyance under paragraph (1)

22 shall be subject to existing rights and to retention by

23 the United States of a flowage easement over all

24 portions of the parcel that lie at or below the flow25 age easement contour for the Eufaula Lake project.
140

•HR 3592 IH

1 (6) OTHER TERMS AND CONDITIONS.—The con2 veyance under paragraph (1) shall be subject to such

3 other terms and conditions as the Secretary consid4 ers necessary and appropriate to protect the inter5 ests of the United States.

6 (d) BOARDMAN, OREGON.—

7 (1) IN GENERAL.—The Secretary shall convey

8 to the city of Boardman, Oregon, all right, title, and

9 interest of the United States in and to a parcel of

10 land consisting of approximately 141 acres acquired

11 as part of the John Day Lock and Dam project in

12 the vicinity of such city currently under lease to the

13 Boardman Park and Recreation District.

14 (2) CONSIDERATION.—

15 (A) PARK AND RECREATION PROP16 ERTIES.—Properties to be conveyed under this

17 subsection that will be retained in public owner18 ship and used for public park and recreation

19 purposes shall be conveyed without consider20 ation. If any such property is no longer used for

21 public park and recreation purposes, then title

22 to such property shall revert to the Secretary.

23 (B) OTHER PROPERTIES.—Properties to

24 be conveyed under this subsection and not de-
141

•HR 3592 IH

1 scribed in subparagraph (A) shall be conveyed

2 at fair market value.

3 (3) CONDITIONS CONCERNING RIGHTS AND

4 EASEMENT.—The conveyance of properties under

5 this subsection shall be subject to existing first

6 rights of refusal regarding acquisition of such prop7 erties and to retention of a flowage easement over

8 portions of the properties that the Secretary deter9 mines to be necessary for operation of the project.

10 (4) OTHER TERMS AND CONDITIONS.—The con11 veyance of properties under this subsection shall be

12 subject to such other terms and conditions as the

13 Secretary considers necessary and appropriate to

14 protect the interests of the United States.

15 (e) TRI-CITIES AREA, WASHINGTON.—

16 (1) GENERAL AUTHORITY.—As soon as prac17 ticable after the date of the enactment of this Act,

18 the Secretary shall make the conveyances to the

19 local governments referred to in paragraph (2) of all

20 right, title, and interest of the United States in and

21 to the property described in paragraph (2).

22 (2) PROPERTY DESCRIPTIONS.—

23 (A) BENTON COUNTY.—The property to be

24 conveyed pursuant to paragraph (1) to Benton

25 County, Washington, is the property in such
142

•HR 3592 IH

1 county which is designated ‘‘Area D’’ on Ex2 hibit A to Army Lease No. DACW–68–1–81–

3 43.

4 (B) FRANKLIN COUNTY, WASHINGTON.—

5 The property to be conveyed pursuant to para6 graph (1) to Franklin County, Washington,

7 is—

8 (i) the 105.01 acres of property leased

9 pursuant to Army Lease No. DACW–68–

10 1–77–20 as executed by Franklin County,

11 Washington, on April 7, 1977;

12 (ii) the 35 acres of property leased

13 pursuant to Supplemental Agreement No.

14 1 to Army Lease No. DACW–68–1–77–20;

15 (iii) the 20 acres of property com16 monly known as ‘‘Richland Bend’’ which is

17 designated by the shaded portion of Lot 1,

18 Section 11, and the shaded portion of Lot

19 1, Section 12, Township 9 North, Range

20 28 East, W.M. on Exhibit D to Supple21 mental Agreement No. 2 to Army Lease

22 No. DACW–68–1–77–20;

23 (iv) the 7.05 acres of property com24 monly known as ‘‘Taylor Flat’’ which is

25 designated by the shaded portion of Lot 1,
143

•HR 3592 IH

1 Section 13, Township 11 North, Range 28

2 East, W.M. on Exhibit D to Supplemental

3 Agreement No. 2 to Army Lease No.

4 DACW–68–1–77–20;

5 (v) the 14.69 acres of property com6 monly known as ‘‘Byers Landing’’ which is

7 designated by the shaded portion of Lots 2

8 and 3, Section 2, Township 10 North,

9 Range 28 East, W.M. on Exhibit D to

10 Supplemental Agreement No. 2 to Army

11 Lease No. DACW–68–1–77–20; and

12 (vi) all levees within Franklin County,

13 Washington, as of the date of the enact14 ment of this Act, and the property upon

15 which the levees are situated.

16 (C) CITY OF KENNEWICK, WASHINGTON.—

17 The property to be conveyed pursuant to para18 graph (1) to the city of Kennewick, Washing19 ton, is the property within the city which is sub20 ject to the Municipal Sublease Agreement en21 tered into on April 6, 1989, between Benton

22 County, Washington, and the cities of

23 Kennewick and Richland, Washington.

24 (D) CITY OF RICHLAND, WASHINGTON.—

25 The property to be conveyed pursuant to para-
144

•HR 3592 IH

1 graph (1), to the city of Richland, Washington,

2 is the property within the city which is subject

3 to the Municipal Sublease Agreement entered

4 into on April 6, 1989, between Benton County,

5 Washington, and the Cities of Kennewick and

6 Richland, Washington.

7 (E) CITY OF PASCO, WASHINGTON.—The

8 property to be conveyed pursuant to paragraph

9 (1), to the city of Pasco, Washington, is—

10 (i) the property within the city of

11 Pasco, Washington, which is leased pursu12 ant to Army Lease No. DACW–68–1–77–

13 10; and

14 (ii) all levees within such city, as of

15 the date of the enactment of this Act, and

16 the property upon which the levees are sit17 uated.

18 (F) PORT OF PASCO, WASHINGTON.—The

19 property to be conveyed pursuant to paragraph

20 (1) to the Port of Pasco, Washington, is—

21 (i) the property owned by the United

22 States which is south of the Burlington

23 Northern Railroad tracks in Lots 1 and 2,

24 Section 20, Township 9 North, Range 31

25 East, W.M.; and
145

•HR 3592 IH

1 (ii) the property owned by the United

2 States which is south of the Burlington

3 Northern Railroad tracks in Lots 1, 2, 3,

4 and 4, in each of Sections 21, 22, and 23,

5 Township 9 North, Range 31 East, W.M.

6 (G) ADDITIONAL PROPERTIES.—In addi7 tion to properties described in subparagraphs

8 (A) through (F), the Secretary may convey to

9 a local government referred to in subparagraphs

10 (A) through (F) such properties under the ju11 risdiction of the Secretary in the Tri-Cities area

12 as the Secretary and the local government agree

13 are appropriate for conveyance.

14 (3) TERMS AND CONDITIONS.—

15 (A) IN GENERAL.—The conveyances under

16 paragraph (1) shall be subject to such terms

17 and conditions as the Secretary considers nec18 essary and appropriate to protect the interests

19 of the United States.

20 (B) SPECIAL RULES FOR FRANKLIN COUN21 TY.—The property described in paragraph

22 (2)(B)(vi) shall be conveyed only after Franklin

23 County, Washington, has entered into a written

24 agreement with the Secretary which provides

25 that the United States shall continue to operate
146

•HR 3592 IH

1 and maintain the flood control drainage areas

2 and pump stations on the property conveyed

3 and that the United States shall be provided all

4 easements and rights necessary to carry out

5 that agreement.

6 (C) SPECIAL RULE FOR CITY OF PASCO.—

7 The property described in paragraph (2)(E)(ii)

8 shall be conveyed only after the city of Pasco,

9 Washington, has entered into a written agree10 ment with the Secretary which provides that the

11 United States shall continue to operate and

12 maintain the flood control drainage areas and

13 pump stations on the property conveyed and

14 that the United States shall be provided all

15 easements and rights necessary to carry out

16 that agreement.

17 (D) CONSIDERATION.—

18 (i) PARK AND RECREATION PROP19 ERTIES.—Properties to be conveyed under

20 this subsection that will be retained in

21 public ownership and used for public park

22 and recreation purposes shall be conveyed

23 without consideration. If any such property

24 is no longer used for public park and
147

•HR 3592 IH

1 recreation purposes, then title to such

2 property shall revert to the Secretary.

3 (ii) OTHER PROPERTIES.—Properties

4 to be conveyed under this subsection and

5 not described in clause (i) shall be con6 veyed at fair market value.

7 (4) LAKE WALLULA LEVEES.—

8 (A) DETERMINATION OF MINIMUM SAFE

9 HEIGHT.—

10 (i) CONTRACT.—Within 30 days after

11 the date of the enactment of this Act, the

12 Secretary shall contract with a private en13 tity agreed to under clause (ii) to deter14 mine, within 6 months after such date of

15 enactment, the minimum safe height for

16 the levees of the project for flood control,

17 Lake Wallula, Washington. The Secretary

18 shall have final approval of the minimum

19 safe height.

20 (ii) AGREEMENT OF LOCAL OFFI21 CIALS.—A contract shall be entered into

22 under clause (i) only with a private entity

23 agreed to by the Secretary, appropriate

24 representatives of Franklin County, Wash-
148

•HR 3592 IH

1 ington, and appropriate representatives of

2 the city of Pasco, Washington.

3 (B) AUTHORITY.—A local government may

4 reduce, at its cost, the height of any levee of

5 the project for flood control, Lake Wallula,

6 Washington, within the boundaries of such local

7 government to a height not lower than the min8 imum safe height determined pursuant to sub9 paragraph (A).

10 SEC. 505. NAMINGS.

11 (a) MILT BRANDT VISITORS CENTER, CALIFOR12 NIA.—

13 (1) DESIGNATION.—The visitors center at

14 Warm Springs Dam, California, authorized by sec15 tion 203 of the Flood Control Act of 1962 (76 Stat.

16 1192), shall be known and designated as the ‘‘Milt

17 Brandt Visitors Center’’.

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

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

20 record of the United States to the visitors center re21 ferred to in paragraph (1) shall be deemed to be a

22 reference to the ‘‘Milt Brandt Visitors Center’’.

23 (b) CARR CREEK LAKE, KENTUCKY.—

24 (1) DESIGNATION.—Carr Fork Lake in Knott

25 County, Kentucky, authorized by section 203 of the
149

•HR 3592 IH

1 Flood Control Act of 1962 (76 Stat. 1188), shall be

2 known and designated as the ‘‘Carr Creek Lake’’.

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

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

5 record of the United States to the lake referred to

6 in paragraph (1) shall be deemed to be a reference

7 to the ‘‘Carr Creek Lake’’.

8 (c) WILLIAM H. NATCHER BRIDGE, MACEO, KEN9 TUCKY, AND ROCKPORT, INDIANA.—

10 (1) DESIGNATION.—The bridge on United

11 States Route 231 which crosses the Ohio River be12 tween Maceo, Kentucky, and Rockport, Indiana,

13 shall be known and designated as the ‘‘William H.

14 Natcher Bridge’’.

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

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

17 record of the United States to the bridge referred to

18 in paragraph (1) shall be deemed to be a reference

19 to the ‘‘William H. Natcher Bridge’’.

20 (d) JOHN T. MYERS LOCK AND DAM, INDIANA AND

21 KENTUCKY.—

22 (1) DESIGNATION.—Uniontown Lock and Dam,

23 on the Ohio River, Indiana and Kentucky, shall be

24 known and designated as the ‘‘John T. Myers Lock

25 and Dam’’.
150

•HR 3592 IH

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

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

3 record of the United States to the lock and dam re4 ferred to in paragraph (1) shall be deemed to be a

5 reference to the ‘‘John T. Myers Lock and Dam’’.

6 (e) J. EDWARD ROUSH LAKE, INDIANA.—

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

8 River in Huntington and Wells Counties, Indiana,

9 authorized by section 203 of the Flood Control Act

10 of 1958 (72 Stat. 312), and known as Huntington

11 Lake, shall be known and designated as the ‘‘J. Ed12 ward Roush Lake’’.

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

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

15 record of the United States to the lake referred to

16 in paragraph (1) shall be deemed to be a reference

17 to the ‘‘J. Edward Roush Lake’’.

18 (f) RUSSELL B. LONG LOCK AND DAM, RED RIVER

19 WATERWAY, LOUISIANA.—

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

21 Red River Waterway, Louisiana, shall be known and

22 designated as the ‘‘Russell B. Long Lock and

23 Dam’’.

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

25 law, map, regulation, document, paper, or other
151

•HR 3592 IH

1 record of the United States to the lock and dam re2 ferred to in paragraph (1) shall be deemed to be a

3 reference to the ‘‘Russell B. Long Lock and Dam’’.

4 SEC. 506. WATERSHED MANAGEMENT, RESTORATION, AND

5 DEVELOPMENT.

6 (a) IN GENERAL.—The Secretary is authorized to

7 provide technical, planning, and design assistance to non8 Federal interests for carrying out watershed management,

9 restoration, and development projects at the locations de10 scribed in subsection (d).

11 (b) SPECIFIC MEASURES.—Assistance provided pur12 suant to subsection (a) may be in support of non-Federal

13 projects for the following purposes:

14 (1) Management and restoration of water qual15 ity.

16 (2) Control and remediation of toxic sediments.

17 (3) Restoration of degraded streams, rivers,

18 wetlands, and other waterbodies to their natural

19 condition as a means to control flooding, excessive

20 erosion, and sedimentation.

21 (4) Protection and restoration of watersheds,

22 including urban watersheds.

23 (5) Demonstration of technologies for non24 structural measures to reduce destructive impact of

25 flooding.
152

•HR 3592 IH

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

2 of the cost of assistance provided under this section shall

3 be 50 percent.

4 (d) PROJECT LOCATIONS.—The Secretary may pro5 vide assistance under subsection (a) for projects at the fol6 lowing locations:

7 (1) Gila River and Tributaries Santa Cruz

8 River, Arizona.

9 (2) Rio Salado, Salt River, Phoenix and Tempe,

10 Arizona.

11 (3) Colusa basin, California.

12 (4) Los Angeles River watershed, California.

13 (5) Russian River watershed, California.

14 (6) Sacramento River watershed, California.

15 (7) Nancy Creek, Utoy Creek, and North

16 Peachtree Creek and South Peachtree Creek basin,

17 Georgia.

18 (8) Lower Platte River watershed, Nebraska.

19 (9) Juniata River watershed, Pennsylvania, in20 cluding Raystown Lake.

21 (10) Upper Potomac River watershed, Grant

22 and Mineral Counties, West Virginia.

23 (e) AUTHORIZATION OF APPROPRIATIONS.—There is

24 authorized to be appropriated to carry out this section
153

•HR 3592 IH

1 $25,000,000 for fiscal years beginning after September

2 30, 1996.

3 SEC. 507. LAKES PROGRAM.

4 Section 602(a) of the Water Resources Development

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

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

7 (10);

8 (2) by striking the period at the end of para9 graph (11) and inserting a semicolon; and

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

11 ‘‘(12) Goodyear Lake, Otsego County, New

12 York, removal of silt and aquatic growth;

13 ‘‘(13) Otsego Lake, Otsego County, New York,

14 removal of silt and aquatic growth and measures to

15 address high nutrient concentration;

16 ‘‘(14) Oneida Lake, Oneida County, New York,

17 removal of silt and aquatic growth;

18 ‘‘(15) Skaneateles and Owasco Lakes, New

19 York, removal of silt and aquatic growth and preven20 tion of sediment deposit; and

21 ‘‘(16) Twin Lakes, Paris, Illinois, removal of

22 silt and excess aquatic vegetation, including meas23 ures to address excessive sedimentation, high nutri24 ent concentration, and shoreline erosion.’’.
154

•HR 3592 IH

1 SEC. 508. MAINTENANCE OF NAVIGATION CHANNELS.

2 (a) IN GENERAL.—Upon request of the non-Federal

3 interest, the Secretary shall be responsible for mainte4 nance of the following navigation channels constructed or

5 improved by non-Federal interests if the Secretary deter6 mines that such maintenance is economically justified and

7 environmentally acceptable and that the channel was con8 structed in accordance with applicable permits and appro9 priate engineering and design standards:

10 (1) Humboldt Harbor and Bay, Fields Landing

11 Channel, California.

12 (2) Mare Island Strait, California; except that,

13 for purposes of this section, the navigation channel

14 shall be deemed to have been constructed or im15 proved by non-Federal interests.

16 (3) Mississippi River Ship Channel, Chalmette

17 Slip, Louisiana.

18 (4) Greenville Inner Harbor Channel, Mis19 sissippi.

20 (5) Providence Harbor Shipping Channel,

21 Rhode Island.

22 (6) Mantagorda Ship Channel, Point Comfort

23 Turning Basin, Texas.

24 (7) Corpus Christi Ship Channel, Rincon Canal,

25 Texas.
155

•HR 3592 IH

1 (8) Brazos Island Harbor, Texas, connecting

2 channel to Mexico.

3 (9) Blair Waterway, Tacoma Harbor, Washing4 ton.

5 (b) COMPLETION OF ASSESSMENT.—Within 6

6 months of receipt of a request from the non-Federal inter7 est for Federal assumption of maintenance of a channel

8 listed in subsection (a), the Secretary shall make a deter9 mination as provided in subsection (a) and advise the non10 Federal interest of the Secretary’s determination.

11 SEC. 509. GREAT LAKES REMEDIAL ACTION PLANS AND

12 SEDIMENT REMEDIATION.

13 Section 401 of the Water Resources Development Act

14 of 1990 (104 Stat. 4644) is amended to read as follows:

15 ‘‘SEC. 401. GREAT LAKES REMEDIAL ACTION PLANS AND

16 SEDIMENT REMEDIATION.

17 ‘‘(a) GREAT LAKES REMEDIAL ACTION PLANS.—

18 ‘‘(1) IN GENERAL.—The Secretary is authorized

19 to provide technical, planning, and engineering as20 sistance to State and local governments and non21 governmental entities designated by the State or

22 local government in the development and implemen23 tation of remedial action plans for areas of concern

24 in the Great Lakes identified under the Great Lakes

25 Water Quality Agreement of 1978.
156

•HR 3592 IH

1 ‘‘(2) NON-FEDERAL SHARE.—Non-Federal in2 terests shall contribute, in cash or by providing in3 kind contributions, 50 percent of costs of activities

4 for which assistance is provided under paragraph

5 (1).

6 ‘‘(b) SEDIMENT REMEDIATION DEMONSTRATION

7 PROJECTS.—

8 ‘‘(1) IN GENERAL.—The Secretary, in consulta9 tion with the Administrator of the Environmental

10 Protection Agency (acting through the Great Lakes

11 National Program Office), may conduct pilot- and

12 full-scale demonstration projects of promising tech13 niques to remediate contaminated sediments in

14 freshwater coastal regions in the Great Lakes basin.

15 The Secretary must conduct no fewer than 3 full16 scale demonstration projects under this subsection.

17 ‘‘(2) SITE SELECTION FOR DEMONSTRATION

18 PROJECTS.—In selecting the sites for the technology

19 demonstration projects, the Secretary shall give pri20 ority consideration to Saginaw Bay, Michigan, She21 boygan Harbor, Wisconsin, Grand Calumet River,

22 Indiana, Ashtabula River, Ohio, Buffalo River, New

23 York, and Duluth/Superior Harbor, Minnesota.

24 ‘‘(3) DEADLINE FOR IDENTIFICATIONS.—With25 in 18 months after the date of the enactment of this
157

•HR 3592 IH

1 subsection, the Secretary shall identify the sites and

2 technologies to be demonstrated and complete each

3 such full-scale demonstration project within 3 years

4 after such date of enactment.

5 ‘‘(4) NON-FEDERAL SHARE.—Non-Federal in6 terests shall contribute 50 percent of costs of

7 projects under this subsection. Such costs may be

8 paid in cash or by providing in-kind contributions.

9 ‘‘(5) AUTHORIZATIONS.—There is authorized to

10 be appropriated to the Secretary to carry out this

11 section $5,000,000 for each of fiscal years 1997

12 through 2000.’’.

13 SEC. 510. GREAT LAKES DREDGED MATERIAL TESTING AND

14 EVALUATION MANUAL.

15 The Secretary, in cooperation with the Administrator

16 of the Environmental Protection Agency, shall provide

17 technical assistance to non-Federal interests on testing

18 procedures contained in the Great Lakes Dredged Mate19 rial Testing and Evaluation Manual developed pursuant

20 to section 230.2(c) of title 40, Code of Federal Regula21 tions.

22 SEC. 511. GREAT LAKES SEDIMENT REDUCTION.

23 (a) GREAT LAKES TRIBUTARY SEDIMENT TRANS24 PORT MODEL.—For each major river system or set of

25 major river systems depositing sediment into a Great
158

•HR 3592 IH

1 Lakes federally authorized commercial harbor, channel

2 maintenance project site, or Area of Concern identified

3 under the Great Lakes Water Quality Agreement of 1978,

4 the Secretary, in consultation and coordination with the

5 Great Lakes States, shall develop a tributary sediment

6 transport model.

7 (b) REQUIREMENTS FOR MODELS.—In developing a

8 tributary sediment transport model under this section, the

9 Secretary shall—

10 (1) build upon data and monitoring information

11 generated in earlier studies and programs of the

12 Great Lakes and their tributaries; and

13 (2) complete models for 30 major river systems,

14 either individually or in combination as part of a set,

15 within the 5-year period beginning on the date of the

16 enactment of this Act.

17 SEC. 512. GREAT LAKES CONFINED DISPOSAL FACILITIES.

18 (a) ASSESSMENT.—The Secretary shall conduct an

19 assessment of the general conditions of confined disposal

20 facilities in the Great Lakes.

21 (b) REPORT.—Not later than 3 years after the date

22 of the enactment of this Act, the Secretary shall transmit

23 to Congress a report on the results of the assessment con24 ducted under subsection (a), including the following:
159

•HR 3592 IH

1 (1) A description of the cumulative effects of

2 confined disposal facilities in the Great Lakes.

3 (2) Recommendations for specific remediation

4 actions for each confined disposal facility in the

5 Great Lakes.

6 (3) An evaluation of, and recommendations for,

7 confined disposal facility management practices and

8 technologies to conserve capacity at such facilities

9 and to minimize adverse environmental effects at

10 such facilities throughout the Great Lakes system.

11 SEC. 513. CHESAPEAKE BAY RESTORATION AND PROTEC12 TION PROGRAM.

13 (a) ESTABLISHMENT.—The Secretary shall establish

14 a pilot program to provide to non-Federal interests in the

15 Chesapeake Bay watershed technical, planning, design,

16 and construction assistance for water-related environ17 mental infrastructure and resource protection and devel18 opment projects affecting the Chesapeake Bay, including

19 projects for sediment and erosion control, protection of

20 eroding shorelines, protection of essential public works,

21 wastewater treatment and related facilities, water supply

22 and related facilities, and beneficial uses of dredged mate23 rial, and other related projects.

24 (b) PUBLIC OWNERSHIP REQUIREMENT.—The Sec25 retary may provide assistance for a project under this sec-
160

•HR 3592 IH

1 tion only if the project is publicly owned and will be pub2 licly operated and maintained.

3 (c) COOPERATION AGREEMENT.—

4 (1) IN GENERAL.—Before providing assistance

5 under this section, the Secretary shall enter into a

6 project cooperation agreement pursuant to section

7 221 of the Flood Control Act of 1970 (84 Stat.

8 1818) with a non-Federal interest to provide for

9 technical, planning, design, and construction assist10 ance for the project.

11 (2) REQUIREMENTS.—Each agreement entered

12 into pursuant to this subsection shall provide for the

13 following:

14 (A) PLAN.—Development by the Secretary,

15 in consultation with appropriate Federal, State,

16 and local officials, of a plan, including appro17 priate engineering plans and specifications and

18 an estimate of expected benefits.

19 (B) LEGAL AND INSTITUTIONAL STRUC20 TURES.—Establishment of such legal and insti21 tutional structures as are necessary to ensure

22 the effective long-term operation and mainte23 nance of the project by the non-Federal inter24 est.

25 (d) COST SHARING.—
161

•HR 3592 IH

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

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

3 project costs of each local cooperation agreement en4 tered into under this section shall be 75 percent.

5 (2) NON-FEDERAL SHARE.—

6 (A) PROVISION OF LANDS, EASEMENTS,

7 RIGHTS-OF-WAY, AND RELOCATIONS.—The non8 Federal interests for a project to which this sec9 tion applies shall provide the lands, easements,

10 rights-of-way, relocations, and dredged material

11 disposal areas necessary for the project.

12 (B) VALUE OF LANDS, EASEMENTS,

13 RIGHTS-OF-WAY, AND RELOCATIONS.—In deter14 mining the non-Federal contribution toward

15 carrying out a local cooperation agreement en16 tered into under this section, the Secretary

17 shall provide credit to a non-Federal interest

18 for the value of lands, easements, rights-of-way,

19 relocations, and dredged material disposal areas

20 provided by the non-Federal interest, except

21 that the amount of credit provided for a project

22 under this paragraph may not exceed 25 per23 cent of total project costs.

24 (C) OPERATION AND MAINTENANCE

25 COSTS.—The non-Federal share of the costs of
162

•HR 3592 IH

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

8 of any provision of Federal or State law that would

9 otherwise apply to a project carried out with assist10 ance provided under this section.

11 (2) COOPERATION.—In carrying out this sec12 tion, the Secretary shall cooperate with the heads of

13 appropriate Federal agencies.

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

15 Secretary shall transmit to Congress a report on the re16 sults 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 (g) AUTHORIZATION OF APPROPRIATIONS.—There

20 are authorized to be appropriated to carry out this section

21 $15,000,000.

22 SEC. 514. EXTENSION OF JURISDICTION OF MISSISSIPPI

23 RIVER COMMISSION.

24 The jurisdiction of the Mississippi River Commission,

25 established by the first section of the Act of June 28, 1879
163

•HR 3592 IH

1 (33 U.S.C. 641; 21 Stat. 37), is extended to include all

2 of the area between the eastern side of the Bayou

3 Lafourche Ridge from Donaldsonville, Louisiana, to the

4 Gulf of Mexico and the west guide levee of the Mississippi

5 River from Donaldsonville, Louisiana, to the Gulf of Mex6 ico.

7 SEC. 515. ALTERNATIVE TO ANNUAL PASSES.

8 (a) IN GENERAL.—The Secretary shall evaluate the

9 feasibility of implementing an alternative to the $25 an10 nual pass that the Secretary currently offers to users of

11 recreation facilities at water resources projects of the

12 Corps of Engineers.

13 (b) ANNUAL PASS.—The evaluation under subsection

14 (a) shall include the establishment of an annual pass

15 which costs $10 or less for the use of recreation facilities

16 at Raystown Lake, Pennsylvania.

17 (c) REPORT.—Not later than December 31, 1998, the

18 Secretary shall transmit to Congress a report on the re19 sults of the project carried out under this section, together

20 with recommendations concerning whether annual passes

21 for individual projects should be offered on a nationwide

22 basis.

23 SEC. 516. RECREATION PARTNERSHIP INITIATIVE.

24 (a) IN GENERAL.—The Secretary shall promote Fed25 eral, non-Federal, and private sector cooperation in creat-
164

•HR 3592 IH

1 ing public recreation opportunities and developing the nec2 essary supporting infrastructure at water resources

3 projects of the Corps of Engineers.

4 (b) INFRASTRUCTURE IMPROVEMENTS.—

5 (1) RECREATION INFRASTRUCTURE IMPROVE6 MENTS.—In demonstrating the feasibility of the

7 public-private cooperative, the Secretary shall pro8 vide, at Federal expense, such infrastructure im9 provements as are necessary to support a potential

10 private recreational development at the Raystown

11 Lake Project, Pennsylvania, generally in accordance

12 with the Master Plan Update (1994) for the project.

13 (2) AGREEMENT.—The Secretary shall enter

14 into an agreement with an appropriate non-Federal

15 public entity to ensure that the infrastructure im16 provements constructed by the Secretary on non17 project lands pursuant to paragraph (1) are trans18 ferred to and operated and maintained by the non19 Federal public entity.

20 (3) AUTHORIZATION OF APPROPRIATIONS.—

21 There is authorized to be appropriated to carry out

22 this subsection $4,500,000 for fiscal years beginning

23 after September 30, 1996.

24 (c) REPORT.—Not later than December 31, 1998, the

25 Secretary shall transmit to Congress a report on the re-
165

•HR 3592 IH

1 sults of the cooperative efforts carried out under this sec2 tion, including the improvements required by subsection

3 (b).

4 SEC. 517. ENVIRONMENTAL INFRASTRUCTURE.

5 Section 219 of the Water Resources Development Act

6 of 1992 (106 Stat. 4836–4837) is amended by adding at

7 the end the following new subsection:

8 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There

9 is authorized to be appropriated for providing construction

10 assistance under this section—

11 ‘‘(1) $10,000,000 for the project described in

12 subsection (c)(5);

13 ‘‘(2) $2,000,000 for the project described in

14 subsection (c)(6);

15 ‘‘(3) $10,000,000 for the project described in

16 subsection (c)(7);

17 ‘‘(4) $11,000,000 for the project described in

18 subsection (c)(8);

19 ‘‘(5) $20,000,000 for the project described in

20 subsection (c)(16); and

21 ‘‘(6) $20,000,000 for the project described in

22 subsection (c)(17).’’.
166

•HR 3592 IH

1 SEC. 518. CORPS CAPABILITY TO CONSERVE FISH AND

2 WILDLIFE.

3 Section 704(b) of the Water Resources Development

4 Act of 1986 (33 U.S.C. 2263(b); 100 Stat. 4157) is

5 amended—

6 (1) by striking ‘‘$5,000,000’’; and inserting

7 ‘‘$10,000,000’’; and

8 (2) in paragraph (4) by inserting ‘‘and Vir9 ginia’’ after ‘‘Maryland’’.

10 SEC. 519. PERIODIC BEACH NOURISHMENT.

11 The Secretary shall carry out periodic beach nourish12 ment for each of the following projects for a period of 50

13 years beginning on the date of initiation of construction

14 of such project:

15 (1) BROWARD COUNTY, FLORIDA.—Project for

16 shoreline protection, segments II and III, Broward

17 County, Florida.

18 (2) FORT PIERCE, FLORIDA.—Project for shore19 line protection, Fort Pierce, Florida.

20 (3) LEE COUNTY, FLORIDA.—Project for shore21 line protection, Lee County, Captiva Island segment,

22 Florida.

23 (4) PALM BEACH COUNTY, FLORIDA.—Project

24 for shoreline protection, Jupiter/Carlin and Ocean

25 Ridge segments, Palm Beach County, Florida.
167

•HR 3592 IH

1 (5) PANAMA CITY BEACHES, FLORIDA.—Project

2 for shoreline protection, Panama City Beaches, Flor3 ida.

4 SEC. 520. CONTROL OF AQUATIC PLANTS.

5 The Secretary shall carry out under section 104(b)

6 of the River and Harbor Act of 1958 (33 U.S.C.

7 610(b))—

8 (1) a program to control aquatic plants in Lake

9 St. Claire, Michigan; and

10 (2) program to control aquatic plants in the

11 Schuylkill River, Philadelphia, Pennsylvania.

12 SEC. 521. NEW ENGLAND DIVISION HEADQUARTERS FACIL13 ITY.

14 (a) GENERAL AUTHORITY.—The Secretary may use

15 Plant Replacement and Improvement Program funds to

16 design and construct a new headquarters facility for the

17 New England Division of the United States Army Corps

18 of Engineers.

19 (b) AUTHORIZATION OF APPROPRIATIONS.—There is

20 authorized to be appropriated for fiscal years beginning

21 after September 30, 1996, $30,000,000 to carry out this

22 section.

23 SEC. 522. LAKE SUPERIOR CENTER.

24 (a) CONSTRUCTION.—The Secretary, in consultation

25 with the University of Minnesota-Duluth, shall construct
168

•HR 3592 IH

1 an educational facility to be used in connection with ef2 forts to educate the public to the economic, recreational,

3 biological, aesthetic and spiritual worth of Lake Superior

4 and other large bodies of fresh water in general.

5 (b) OPERATION AND MAINTENANCE.—After con6 struction, the Secretary shall transfer the facility con7 structed under this section to the University of Minnesota8 Duluth. The facility shall be operated and maintained by

9 the university.

10 (c) AUTHORIZATION OF APPROPRIATIONS.—There is

11 authorized to be appropriated for fiscal years beginning

12 after September 30, 1996, $10,000,000 for the construc13 tion of the facility under subsection (a).

14 SEC. 523. EARTHQUAKE PREPAREDNESS CENTER OF EX15 PERTISE EXTENSION.

16 The Secretary shall establish an extension of the

17 Earthquake Preparedness Center of Expertise for the

18 central United States at an existing district office of the

19 Corps of Engineers near the New Madrid fault.

20 SEC. 524. QUARANTINE FACILITY.

21 Section 108(c) of the Water Resources Development

22 Act of 1992 (106 Stat. 4816) is amended by striking

23 ‘‘$1,000,000’’ and inserting ‘‘$4,000,000’’.
169

•HR 3592 IH

1 SEC. 525. BENTON AND WASHINGTON COUNTIES, ARKAN2 SAS.

3 Section 220 of the Water Resources Development Act

4 of 1992 (106 Stat. 4836–4837) is amended by adding at

5 the end the following new subsection:

6 ‘‘(c) USE OF FEDERAL FUNDS.—The Secretary may

7 make available to the non-Federal interests funds not to

8 exceed an amount equal to the Federal share of the total

9 project cost to be used by the non-Federal interests to un10 dertake the work directly or by contract.’’.

11 SEC. 526. CALAVERAS COUNTY, CALIFORNIA.

12 The Secretary, in cooperation with Federal, State,

13 and local agencies, is authorized—

14 (1) to conduct investigations and surveys of the

15 watershed of the Lower Mokelume River in

16 Calaveras County, California; and

17 (2) to provide technical, planning, and design

18 assistance for abatement and mitigation of degrada19 tion caused by abandoned mines and mining activity

20 in the vicinity of such river.

21 SEC. 527. PRADO DAM SAFETY IMPROVEMENTS, CALIFOR22 NIA.

23 The Secretary, in coordination with the State of Cali24 fornia, shall provide technical assistance to Orange Coun25 ty, California, in developing appropriate public safety and

26 access improvements associated with that portion of Cali-
170

•HR 3592 IH

1 fornia State Route 71 being relocated for the Prado Dam

2 feature of the project authorized as part of the project

3 for flood control, Santa Ana River Mainstem, California,

4 by section 401(a) of the Water Resources Development

5 Act of 1986 (100 Stat. 4113).

6 SEC. 528. TAMPA, FLORIDA.

7 The Secretary may enter into a cooperative agree8 ment under section 228 of this Act with the Museum of

9 Science and Industry, Tampa, Florida, to provide tech10 nical, planning, and design assistance to demonstrate the

11 water quality functions found in wetlands, at an estimated

12 total Federal cost of $500,000.

13 SEC. 529. WATERSHED MANAGEMENT PLAN FOR DEEP

14 RIVER BASIN, INDIANA.

15 (a) DEVELOPMENT.—The Secretary, in consultation

16 with the Natural Resources Conservation Service of the

17 Department of Agriculture, shall develop a watershed

18 management plan for the Deep River Basin, Indiana,

19 which includes Deep River, Lake George, Turkey Creek,

20 and other related tributaries in Indiana.

21 (b) CONTENTS.—The plan to be developed by the

22 Secretary under subsection (a) shall address specific con23 cerns related to the Deep River Basin area, including sedi24 ment flow into Deep River, Turkey Creek, and other tribu25 taries; control of sediment quality in Lake George; flood-
171

•HR 3592 IH

1 ing problems; the safety of the Lake George Dam; and

2 watershed management.

3 SEC. 530. SOUTHERN AND EASTERN KENTUCKY.

4 (a) ESTABLISHMENT OF PROGRAM.—The Secretary

5 shall establish a program for providing environmental as6 sistance to non-Federal interests in southern and eastern

7 Kentucky. Such assistance may be in the form of design

8 and construction assistance for water-related environ9 mental infrastructure and resource protection and devel10 opment projects in southern and eastern Kentucky, includ11 ing projects for wastewater treatment and related facili12 ties, water supply, storage, treatment, and distribution fa13 cilities, and surface water resource protection and develop14 ment.

15 (b) PUBLIC OWNERSHIP REQUIREMENT.—The Sec16 retary may provide assistance for a project under this sec17 tion only if the project is publicly owned.

18 (c) PROJECT COOPERATION AGREEMENTS.—

19 (1) IN GENERAL.—Before providing assistance

20 under this section, the Secretary shall enter into a

21 project cooperation agreement with a non-Federal

22 interest to provide for design and construction of the

23 project to be carried out with such assistance.
172

•HR 3592 IH

1 (2) REQUIREMENTS.—Each agreement entered

2 into under this subsection shall provide for the fol3 lowing:

4 (A) PLAN.—Development by the Secretary,

5 in consultation with appropriate Federal and

6 State officials, of a facilities development plan

7 or resource protection plan, including appro8 priate plans and specifications.

9 (B) LEGAL AND INSTITUTIONAL STRUC10 TURES.—Establishment of each such legal and

11 institutional structures as are necessary to as12 sure the effective long-term operation of the

13 project by the non-Federal interest.

14 (3) COST SHARING.—

15 (A) IN GENERAL.—Total project costs

16 under each agreement entered into under this

17 subsection shall be shared at 75 percent Fed18 eral and 25 percent non-Federal, except that

19 the non-Federal interest shall receive credit for

20 the reasonable costs of design work completed

21 by such interest before entry into the agreement

22 with the Secretary. The Federal share may be

23 in the form of grants or reimbursements of

24 project costs.
173

•HR 3592 IH

1 (B) CREDIT FOR CERTAIN FINANCING

2 COSTS.—In the event of delays in the reim3 bursement of the non-Federal share of a

4 project, the non-Federal interest shall receive

5 credit for reasonable interest and other associ6 ated financing costs necessary for such non7 Federal interest to provide the non-Federal

8 share of the project’s cost.

9 (C) LANDS, EASEMENTS, AND RIGHTS-OF10 WAY.—The non-Federal interest shall receive

11 credit for lands, easements, rights-of-way, and

12 relocations provided by the non-Federal interest

13 toward its share of project costs, including for

14 costs associated with obtaining permits nec15 essary for the placement of such project on

16 publicly owned or controlled lands, but not to

17 exceed 25 percent of total project costs.

18 (D) OPERATION AND MAINTENANCE.—Op19 eration and maintenance costs shall be 100 per20 cent non-Federal.

21 (d) APPLICABILITY OF OTHER FEDERAL AND STATE

22 LAWS.—Nothing in this section shall be construed as

23 waiving, limiting, or otherwise affecting the applicability

24 of any provision of Federal or State law which would oth-
174

•HR 3592 IH

1 erwise apply to a project to be carried out with assistance

2 provided under this section.

3 (e) REPORT.—Not later than December 31, 1999, the

4 Secretary shall transmit to Congress a report on the re5 sults of the program carried out under this section, to6 gether with recommendations concerning whether or not

7 such program should be implemented on a national basis.

8 (f) SOUTHERN AND EASTERN KENTUCKY DE9 FINED.—For purposes of this section, the term ‘‘southern

10 and eastern Kentucky’’ means Morgan, Floyd, Pulaski,

11 Wayne, Laurel, Knox, Pike, Menifee, Perry, Harlan,

12 Breathitt, Martin, Jackson, Wolfe, Clay, Magoffin,

13 Owsley, Johnson, Leslie, Lawrence, Knott, Bell,

14 McCreary, Rockcastle, Whitley, Lee, and Letcher Coun15 ties, Kentucky.

16 (g) AUTHORIZATION OF APPROPRIATIONS.—There is

17 authorized to be appropriated to carry out this section

18 $10,000,000.

19 SEC. 531. LOUISIANA COASTAL WETLANDS RESTORATION

20 PROJECTS.

21 Section 303(f) of the Coastal Wetlands Planning,

22 Protection and Restoration Act (16 U.S.C. 3952(f); 104

23 Stat. 4782–4783) is amended—

24 (1) in paragraph (4) by striking ‘‘and (3)’’ and

25 inserting ‘‘(3), and (5)’’; and
175

•HR 3592 IH

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

2 ‘‘(5) FEDERAL SHARE IN CALENDAR YEARS

3 1996 AND 1997.—Notwithstanding paragraphs (1)

4 and (2), amounts made available in accordance with

5 section 306 of this title to carry out coastal wetlands

6 restoration projects under this section in calendar

7 years 1996 and 1997 shall provide 90 percent of the

8 cost of such projects.’’.

9 SEC. 532. SOUTHEAST LOUISIANA.

10 (a) FLOOD CONTROL.—The Secretary is directed to

11 proceed with engineering, design, and construction of

12 projects to provide for flood control and improvements to

13 rainfall drainage systems in Jefferson, Orleans, and St.

14 Tammany Parishes, Louisiana, in accordance with the fol15 lowing reports of the New Orleans District Engineer: Jef16 ferson and Orleans Parishes, Louisiana, Urban Flood

17 Control and Water Quality Management, July 1992;

18 Tangipahoa, Techefuncte, and Tickfaw Rivers, Louisiana,

19 June 1991; and Schneider Canal, Slidell, Louisiana, Hur20 ricane Protection, May 1990.

21 (b) COST SHARING.—The cost of any work performed

22 by the non-Federal interests subsequent to the reports re23 ferred to in subsection (a) and determined by the Sec24 retary to be a compatible and integral part of the projects
176

•HR 3592 IH

1 shall be credited toward the non-Federal share of the

2 projects.

3 (c) FUNDING.—There is authorized to be appro4 priated $40,000,000 for the initiation and partial accom5 plishment of projects described in the reports referred to

6 in subsection (a).

7 SEC. 533. RESTORATION PROJECTS FOR MARYLAND, PENN8 SYLVANIA, WEST VIRGINIA, AND KENTUCKY.

9 The Secretary, in cooperation with Federal, State,

10 and local agencies, is authorized—

11 (1) to conduct investigations and surveys of the

12 watersheds of the North Branch of the Potomac

13 River, Maryland, Pennsylvania, and West Virginia;

14 New River, West Virginia; and Pond Creek, Ken15 tucky; and

16 (2) to provide technical, planning, and design

17 assistance for abatement and mitigation of surface

18 water quality degradation caused by abandoned

19 mines and mining activity in the vicinity of such riv20 ers and creek.

21 SEC. 534. BENEFICIAL USE OF DREDGED MATERIAL, POP22 LAR ISLAND, MARYLAND.

23 The Secretary shall carry out a project for the bene24 ficial use of dredged material at Poplar Island, Maryland,

25 pursuant to section 204 of the Water Resources Develop-
177

•HR 3592 IH

1 ment Act of 1992; except that the initial construction cost

2 of the project shall be $70,000,000, with an estimated

3 Federal cost of $52,500,000 and an estimated non-Fed4 eral cost of $17,500,000.

5 SEC. 535. EROSION CONTROL MEASURES, SMITH ISLAND,

6 MARYLAND.

7 (a) IN GENERAL.—The Secretary shall implement

8 erosion control measures in the vicinity of Rhodes Point,

9 Smith Island, Maryland, at an estimated total Federal

10 cost of $450,000.

11 (b) IMPLEMENTATION ON EMERGENCY BASIS.—The

12 project under subsection (a) shall be carried out on an

13 emergency basis in view of the national, historic, and cul14 tural value of the island and in order to protect the Fed15 eral investment in infrastructure facilities.

16 (c) COST SHARING.—Cost sharing applicable to hur17 ricane and storm damage reduction shall be applicable to

18 the project to be carried out under subsection (a).

19 SEC. 536. BENEFICIAL USE OF DREDGED MATERIAL,

20 WORTON POINT, KENT COUNTY, MARYLAND.

21 The Secretary shall carry out a project for the bene22 ficial use of dredged material at Worton Point, Kent

23 County, Maryland, pursuant to section 204 of the Water

24 Resources Development Act of 1992.
178

•HR 3592 IH

1 SEC. 537. DULUTH, MINNESOTA, ALTERNATIVE TECH2 NOLOGY PROJECT.

3 (a) PROJECT AUTHORIZATION.—The Secretary shall

4 develop and implement alternative methods for decon5 tamination and disposal of contaminated dredged material

6 at the Port of Duluth, Minnesota.

7 (b) AUTHORIZATION OF APPROPRIATIONS.—There is

8 authorized to be appropriated for fiscal years beginning

9 after September 30, 1996, to carry out this section

10 $1,000,000. Such sums shall remain available until ex11 pended.

12 SEC. 538. REDWOOD RIVER BASIN, MINNESOTA.

13 (a) STUDY AND STRATEGY DEVELOPMENT.—The

14 Secretary, in cooperation with the Secretary of Agriculture

15 and the State of Minnesota, shall conduct a study, and

16 develop a strategy, for using wetland restoration, soil and

17 water conservation practices, and nonstructural measures

18 to reduce flood damages, improve water quality, and cre19 ate wildlife habitat in the Redwood River basin and the

20 subbasins draining into the Minnesota River, at an esti21 mated Federal cost of $4,000,000.

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

23 of the cost of the study and development of the strategy

24 shall be 25 percent and may be provided through in-kind

25 services and materials.
179

•HR 3592 IH

1 (c) COOPERATION AGREEMENT.—In conducting the

2 study and developing the strategy under this section, the

3 Secretary shall enter into cooperation agreements to pro4 vide financial assistance to appropriate Federal, State,

5 and local government agencies, including activities for the

6 implementation of wetland restoration projects and soil

7 and water conservation measures.

8 (d) IMPLEMENTATION.—The Secretary shall under9 take development and implementation of the strategy au10 thorized by this section in cooperation with local land11 owners and local government officials.

12 SEC. 539. NATCHEZ BLUFFS, MISSISSIPPI.

13 (a) IN GENERAL.—The Secretary shall carry out the

14 project for bluff stabilization, Natchez Bluffs, Natchez,

15 Mississippi, substantially in accordance with (1) the

16 Natchez Bluffs Study, dated September 1985, (2) the

17 Natchez Bluffs Study: Supplement I, dated June 1990,

18 and (3) the Natchez Bluffs Study: Supplement II, dated

19 December 1993, in the portions of the bluffs described in

20 subsection (b), at a total cost of $17,200,000, with an esti21 mated Federal cost of $12,900,000 and an estimated non22 Federal cost of $4,300,000.

23 (b) DESCRIPTION OF PROJECT LOCATION.—The por24 tions of the Natchez Bluffs where the project is to be car-
180

•HR 3592 IH

1 ried out under subsection (a) are described in the studies

2 referred to in subsection (a) as—

3 (1) Clifton Avenue, area 3;

4 (2) the bluff above Silver Street, area 6;

5 (3) the bluff above Natchez Under-the-Hill,

6 area 7; and

7 (4) Madison Street to State Street, area 4.

8 SEC. 540. SARDIS LAKE, MISSISSIPPI.

9 The Secretary shall work cooperatively with the State

10 of Mississippi and the city of Sardis, Mississippi, to the

11 maximum extent practicable, in the management of exist12 ing and proposed leases of land consistent with the master

13 tourism and recreational plan for the economic develop14 ment of the Sardis Lake area prepared by the city.

15 SEC. 541. COCHECO RIVER, NEW HAMPSHIRE.

16 The Secretary is directed to provide technical assist17 ance to the city of Dover, New Hampshire, in resolving

18 encroachment issues related to maintenance dredging of

19 the project for navigation on the Cocheco River, New

20 Hampshire.

21 SEC. 542. DURHAM, NEW HAMPSHIRE.

22 The Secretary may enter into a cooperative agree23 ment under section 228 of this Act with the University

24 of New Hampshire to provide technical assistance for a
181

•HR 3592 IH

1 water treatment technology center addressing the needs

2 of small communities.

3 SEC. 543. HACKENSACK MEADOWLANDS AREA, NEW JER4 SEY.

5 Section 324(b)(1) of the Water Resources Develop6 ment Act of 1992 (106 Stat. 4849) is amended to read

7 as follows:

8 ‘‘(1) Mitigation, enhancement, and acquisition

9 of significant wetlands that contribute to the

10 Meadowlands ecosystem.’’.

11 SEC. 544. AUTHORIZATION OF DREDGE MATERIAL CON12 TAINMENT FACILITY FOR PORT OF NEW

13 YORK/NEW JERSEY.

14 (a) IN GENERAL.—The Secretary is authorized to

15 construct, operate, and maintain a dredged material con16 tainment facility with a capacity commensurate with the

17 long-term dredged material disposal needs of port facilities

18 under the jurisdiction of the Port of New York/New Jer19 sey. The costs associated with feasibility studies, design,

20 engineering, and construction shall be shared with the

21 local sponsor in accordance with the provisions of section

22 101 of the Water Resources Development Act of 1986.

23 (b) BENEFICIAL USE.—After the facility to be con24 structed under subsection (a) has been filled to capacity
182

•HR 3592 IH

1 with dredged material, the Secretary shall maintain the

2 facility for the public benefit.

3 SEC. 545. HUDSON RIVER HABITAT RESTORATION, NEW

4 YORK.

5 (a) HABITAT RESTORATION PROJECT.—The Sec6 retary shall expedite the feasibility study of the Hudson

7 River Habitat Restoration, Hudson River Basin, New

8 York, and shall carry out no fewer than 4 projects for

9 habitat restoration, to the extent the Secretary determines

10 such work to be technically feasible. Such projects shall

11 be designed to—

12 (1) provide a pilot project to assess and im13 prove habitat value and environmental outputs of

14 recommended projects;

15 (2) provide a demonstration project to evaluate

16 various restoration techniques for effectiveness and

17 cost;

18 (3) fill an important local habitat need within

19 a specific portion of the study area; and

20 (4) take advantage of ongoing or planned ac21 tions by other agencies, local municipalities, or envi22 ronmental groups that would increase the effective23 ness or decrease the overall cost of implementing one

24 of the recommended restoration project sites.
183

•HR 3592 IH

1 (b) NON-FEDERAL SHARE.—Non-Federal interests

2 shall provide 25 percent of the cost on each project under3 taken under subsection (a). The non-Federal share may

4 be in the form of cash or in-kind contributions.

5 (c) AUTHORIZATION OF APPROPRIATIONS.—There is

6 authorized to be appropriated to carry out this section

7 $11,000,000.

8 SEC. 546. NEW YORK BIGHT AND HARBOR STUDY.

9 Section 326(f) of the Water Resources Development

10 Act of 1992 (106 Stat. 4851) is amended by striking

11 ‘‘$1,000,000’’ and inserting ‘‘$5,000,000’’.

12 SEC. 547. NEW YORK STATE CANAL SYSTEM.

13 (a) IN GENERAL.—The Secretary is authorized to

14 make capital improvements to the New York State Canal

15 System.

16 (b) AGREEMENTS.—The Secretary shall, with the

17 consent of appropriate local and State entities, enter into

18 such arrangements, contracts, and leases with public and

19 private entities as may be necessary for the purposes of

20 rehabilitation, renovation, preservation, and maintenance

21 of the New York State Canal System and its related facili22 ties, including trailside facilities and other recreational

23 projects along the waterways of the canal system.

24 (c) NEW YORK STATE CANAL SYSTEM DEFINED.—

25 In this section, the term ‘‘New York State Canal System’’
184

•HR 3592 IH

1 means the Erie, Oswego, Champlain, and Cayuga-Seneca

2 Canals.

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

4 of capital improvements under this section shall be 50 per5 cent.

6 (e) AUTHORIZATION OF APPROPRIATIONS.—There is

7 authorized to be appropriated to carry out this section

8 $5,000,000.

9 SEC. 548. NEW YORK CITY WATERSHED.

10 (a) ESTABLISHMENT.—

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

12 a program for providing environmental assistance to

13 non-Federal interests in the New York City Water14 shed.

15 (2) FORM.—Assistance provided under this sec16 tion may be in the form of design and construction

17 assistance for water-related environmental infra18 structure and resource protection and development

19 projects in the New York City Watershed, including

20 projects for water supply, storage, treatment, and

21 distribution facilities, and surface water resource

22 protection and development.

23 (b) PUBLIC OWNERSHIP REQUIREMENT.—The Sec24 retary may provide assistance for a project under this sec25 tion only if the project is publicly owned.
185

•HR 3592 IH

1 (c) ELIGIBLE PROJECTS.—

2 (1) CERTIFICATION.—A project shall be eligible

3 for financial assistance under this section only if the

4 State director for the project certifies to the Sec5 retary that the project will contribute to the protec6 tion and enhancement of the quality or quantity of

7 the New York City water supply.

8 (2) SPECIAL CONSIDERATION.—In certifying

9 projects to the Secretary, the State director shall

10 give special consideration to those projects imple11 menting plans, agreements, and measures which pre12 serve and enhance the economic and social character

13 of the watershed communities.

14 (3) PROJECT DESCRIPTIONS.—Projects eligible

15 for assistance under this section shall include the

16 following:

17 (A) Implementation of intergovernmental

18 agreements for coordinating regulatory and

19 management responsibilities.

20 (B) Acceleration of whole farm planning to

21 implement best management practices to main22 tain or enhance water quality and to promote

23 agricultural land use.

24 (C) Acceleration of whole community plan25 ning to promote intergovernmental cooperation
186

•HR 3592 IH

1 in the regulation and management of activities

2 consistent with the goal of maintaining or en3 hancing water quality.

4 (D) Natural resources stewardship on pub5 lic and private lands to promote land uses that

6 preserve and enhance the economic and social

7 character of the watershed communities and

8 protect and enhance water quality.

9 (d) COOPERATION AGREEMENTS.—Before providing

10 assistance under this section, the Secretary shall enter

11 into a project cooperation agreement with the State direc12 tor for the project to be carried out with such assistance.

13 (e) COST SHARING.—

14 (1) IN GENERAL.—Total project costs under

15 each agreement entered into under this section shall

16 be shared at 75 percent Federal and 25 percent non17 Federal. The non-Federal interest shall receive cred18 it for the reasonable costs of design work completed

19 by such interest prior to entering into the agreement

20 with the Secretary for a project. The Federal share

21 may be in the form of grants or reimbursements of

22 project costs.

23 (2) INTEREST.—In the event of delays in the

24 reimbursement of the non-Federal share of a

25 project, the non-Federal interest shall receive credit
187

•HR 3592 IH

1 for reasonable interest costs incurred to provide the

2 non-Federal share of a project’s cost.

3 (3) LANDS, EASEMENTS, AND RIGHTS-OF-WAY

4 CREDIT.—The non-Federal interest shall receive

5 credit for lands, easements, rights-of-way, and relo6 cations provided by the non-Federal interest toward

7 its share of project costs, including direct costs asso8 ciated with obtaining permits necessary for the

9 placement of such project on public owned or con10 trolled lands, but not to exceed 25 percent of total

11 project costs.

12 (4) OPERATION AND MAINTENANCE.—Oper13 ation and maintenance costs for projects constructed

14 with assistance provided under this section shall be

15 100 percent non-Federal.

16 (f) APPLICABILITY OF OTHER FEDERAL AND STATE

17 LAWS.—Nothing in this section shall be construed to

18 waive, limit, or otherwise affect the applicability of any

19 provision of Federal or State law that would otherwise

20 apply to a project carried out with assistance provided

21 under this section.

22 (g) REPORT.—Not later than December 31, 2000,

23 the Secretary shall transmit to Congress a report on the

24 results of the program carried out under this section, to-
188

•HR 3592 IH

1 gether with recommendations concerning whether such

2 program should be implemented on a national basis.

3 (h) NEW YORK CITY WATERSHED DEFINED.—For

4 purposes of this section, the term ‘‘New York City Water5 shed’’ means the land area within the counties of Dela6 ware, Greene, Schoharie, Ulster, Sullivan, Westchester,

7 Putnam, and Duchess which contributes water to the

8 water supply system of New York City.

9 (i) AUTHORIZATION OF APPROPRIATIONS.—There is

10 authorized to be appropriated to carry out this section

11 $25,000,000.

12 SEC. 549. NORTHEASTERN OHIO.

13 The Secretary is authorized to provide technical as14 sistance to local interests for planning the establishment

15 of a regional water authority in northeastern Ohio to ad16 dress the water problems of the region. The Federal share

17 of the costs of such planning shall not exceed 75 percent.

18 SEC. 550. GRAND LAKE, OKLAHOMA.

19 (a) STUDY.—Not later than 1 year after the date of

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

21 carry out and complete a study of flood control in Grand/

22 Neosho Basin and tributaries in the vicinity of Pensacola

23 Dam in northeastern Oklahoma to determine the scope of

24 the backwater effects of operation of the dam and to iden25 tify any lands which the Secretary determines have been
189

•HR 3592 IH

1 adversely impacted by such operation or should have been

2 originally purchased as flowage easement for the project.

3 (b) ACQUISITION OF REAL PROPERTY.—Upon com4 pletion of the study and subject to advance appropriations,

5 the Secretary shall acquire from willing sellers such real

6 property interests in any lands identified in the study as

7 the Secretary determines are necessary to reduce the ad8 verse impacts identified in the study conducted under sub9 section (a).

10 (c) IMPLEMENTATION REPORTS.—The Secretary

11 shall transmit to Congress reports on the operation of the

12 Pensacola Dam, including data on and a description of

13 releases in anticipation of flooding (referred to as

14 preoccupancy releases), and the implementation of this

15 section. The first of such reports shall be transmitted not

16 later than 2 years after the date of the enactment of this

17 Act.

18 (d) AUTHORIZATION OF APPROPRIATIONS.—

19 (1) IN GENERAL.—There is authorized to be

20 appropriated to carry out this section $25,000,000

21 for fiscal years beginning after September 30, 1996.

22 (2) MAXIMUM FUNDING FOR STUDY.—Of

23 amounts appropriated to carry out this section, not

24 to exceed $1,500,000 shall be available for carrying

25 out the study under subsection (a).
190

•HR 3592 IH

1 SEC. 551. BROAD TOP REGION OF PENNSYLVANIA.

2 Section 304 of the Water Resources Development Act

3 of 1992 (106 Stat. 4840) is amended—

4 (1) by striking subsection (b) and inserting the

5 following:

6 ‘‘(b) COST SHARING.—The Federal share of the cost

7 of the activities conducted under the cooperative agree8 ment entered into under subsection (a) shall be 75 per9 cent. The non-Federal share of project costs may be pro10 vided in the form of design and construction services. Non11 Federal interests shall receive credit for the reasonable

12 costs of such services completed by such interests prior

13 to entering an agreement with the Secretary for a

14 project.’’; and

15 (2) in subsection (c) by striking ‘‘$5,500,000’’

16 and inserting ‘‘$11,000,000’’.

17 SEC. 552. HOPPER DREDGE MCFARLAND.

18 (a) PROJECT AUTHORIZATION.—The Secretary shall

19 carry out a project at the Philadelphia Naval Shipyard,

20 Pennsylvania, to make modernization and efficiency im21 provements to the hopper dredge McFarland.

22 (b) REQUIREMENTS.—In carrying out the project

23 under subsection (a), the Secretary shall—

24 (1) determine whether the McFarland should be

25 returned to active service or the reserve fleet after

26 the project is completed; and
191

•HR 3592 IH

1 (2) establish minimum standards of dredging

2 service to be met in areas served by the McFarland

3 while the drydocking is taking place.

4 (c) AUTHORIZATION OF APPROPRIATIONS.—There is

5 authorized to be appropriated to carry out this section

6 $20,000,000 for fiscal years beginning after September

7 30, 1996.

8 SEC. 553. PHILADELPHIA, PENNSYLVANIA.

9 (a) WATER WORKS RESTORATION.—

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

11 planning, design, and construction assistance for the

12 protection and restoration of the Philadelphia, Penn13 sylvania Water Works.

14 (2) COORDINATION.—In providing assistance

15 under this subsection, the Secretary shall coordinate

16 with the Fairmount Park Commission and the Sec17 retary of the Interior.

18 (3) FUNDING.—There is authorized to be ap19 propriated to carry out this subsection $1,000,000

20 for fiscal years beginning after September 30, 1996.

21 (b) COOPERATION AGREEMENT FOR SCHUYLKILL

22 NAVIGATION CANAL.—

23 (1) IN GENERAL.—The Secretary shall enter

24 into a cooperation agreement with the city of Phila25 delphia, Pennsylvania, to participate in the oper-
192

•HR 3592 IH

1 ation, maintenance, and rehabilitation of the Schuyl2 kill Navigation Canal at Manayunk.

3 (2) LIMITATION ON FEDERAL SHARE.—The

4 Federal share of the cost of the operation, mainte5 nance, and rehabilitation under paragraph (1) shall

6 not exceed $300,000 annually.

7 (3) AREA INCLUDED.—For purposes of this

8 subsection, the Schuylkill Navigation Canal includes

9 the section approximately 10,000 feet long extending

10 between Lock and Fountain Streets, Philadelphia,

11 Pennsylvania.

12 (c) SCHUYLKILL RIVER PARK.—

13 (1) ASSISTANCE.—The Secretary is authorized

14 to provide technical, planning, design, and construc15 tion assistance for the Schuylkill River Park, Phila16 delphia, Pennsylvania.

17 (2) FUNDING.—There is authorized to be ap18 propriated $2,700,000 to carry out this subsection.

19 (d) PENNYPACK PARK.—

20 (1) ASSISTANCE.—The Secretary is authorized

21 to provide technical, design, construction, and finan22 cial assistance for measures for the improvement

23 and restoration of aquatic habitats and aquatic re24 sources at Pennypack Park, Philadelphia, Penn25 sylvania.
193

•HR 3592 IH

1 (2) COOPERATION AGREEMENTS.—In providing

2 assistance under this subsection, the Secretary shall

3 enter into cooperation agreements with the city of

4 Philadelphia, acting through the Fairmount Park

5 Commission.

6 (3) FUNDING.—There is authorized to be ap7 propriated for fiscal years beginning after September

8 30, 1996, $15,000,000 to carry out this subsection.

9 (e) FRANKFORD DAM.—

10 (1) COOPERATION AGREEMENTS.—The Sec11 retary shall enter into cooperation agreements with

12 the city of Philadelphia, Pennsylvania, acting

13 through the Fairmount Park Commission, to provide

14 assistance for the elimination of the Frankford

15 Dam, the replacement of the Rhawn Street Dam,

16 and modifications to the Roosevelt Dam and the

17 Verree Road Dam.

18 (2) FUNDING.—There is authorized to be ap19 propriated for fiscal years beginning after September

20 30, 1996, $900,000, to carry out this subsection.

21 SEC. 554. SEVEN POINTS VISITORS CENTER, RAYSTOWN

22 LAKE, PENNSYLVANIA.

23 (a) IN GENERAL.—The Secretary shall construct a

24 visitors center and related public use facilities at the Seven

25 Points Recreation Area at Raystown Lake, Pennsylvania,
194

•HR 3592 IH

1 generally in accordance with the Master Plan Update

2 (1994) for the Raystown Lake Project.

3 (b) AUTHORIZATION OF APPROPRIATIONS.—There is

4 authorized to be appropriated to carry out this section

5 $2,500,000.

6 SEC. 555. SOUTHEASTERN PENNSYLVANIA.

7 (a) ESTABLISHMENT OF PROGRAM.—The Secretary

8 shall establish a pilot program for providing environmental

9 assistance to non-Federal interests in southeastern Penn10 sylvania. Such assistance may be in the form of design

11 and construction assistance for water-related environ12 mental infrastructure and resource protection and devel13 opment projects in southeastern Pennsylvania, including

14 projects for waste water treatment and related facilities,

15 water supply, storage, treatment, and distribution facili16 ties, and surface water resource protection and develop17 ment.

18 (b) PUBLIC OWNERSHIP REQUIREMENT.—The Sec19 retary may provide assistance for a project under this sec20 tion only if the project is publicly owned.

21 (c) LOCAL COOPERATION AGREEMENTS.—

22 (1) IN GENERAL.—Before providing assistance

23 under this section, the Secretary shall enter into a

24 local cooperation agreement with a non-Federal in-
195

•HR 3592 IH

1 terest to provide for design and construction of the

2 project to be carried out with such assistance.

3 (2) REQUIREMENTS.—Each local cooperation

4 agreement entered into under this subsection shall

5 provide for the following:

6 (A) PLAN.—Development by the Secretary,

7 in consultation with appropriate Federal and

8 State officials, of a facilities or resource protec9 tion and development plan, including appro10 priate engineering plans and specifications.

11 (B) LEGAL AND INSTITUTIONAL STRUC12 TURES.—Establishment of each such legal and

13 institutional structures as are necessary to as14 sure the effective long-term operation of the

15 project by the non-Federal interest.

16 (3) COST SHARING.—

17 (A) IN GENERAL.—Total project costs

18 under each local cooperation agreement entered

19 into under this subsection shall be shared at 75

20 percent Federal and 25 percent non-Federal.

21 The non-Federal interest shall receive credit for

22 the reasonable costs of design work completed

23 by such interest prior to entering into a local

24 cooperation agreement with the Secretary for a

25 project. The credit for such design work shall
196

•HR 3592 IH

1 not exceed 6 percent of the total construction

2 costs of the project. The Federal share may be

3 in the form of grants or reimbursements of

4 project costs.

5 (B) INTEREST.—In the event of delays in

6 the funding of the non-Federal share of a

7 project that is the subject of an agreement

8 under this section, the non-Federal interest

9 shall receive credit for reasonable interest in10 curred in providing the non-Federal share of a

11 project’s cost.

12 (C) LANDS, EASEMENTS, AND RIGHTS-OF13 WAY CREDIT.—The non-Federal interest shall

14 receive credit for lands, easements, rights-of15 way, and relocations toward its share of project

16 costs, including all reasonable costs associated

17 with obtaining permits necessary for the con18 struction, operation, and maintenance of such

19 project on publicly owned or controlled lands,

20 but not to exceed 25 percent of total project

21 costs.

22 (D) OPERATION AND MAINTENANCE.—Op23 eration and maintenance costs for projects con24 structed with assistance provided under this

25 section shall be 100 percent non-Federal.
197

•HR 3592 IH

1 (d) APPLICABILITY OF OTHER FEDERAL AND STATE

2 LAWS.—Nothing in this section shall be construed as

3 waiving, limiting, or otherwise affecting the applicability

4 of any provision of Federal or State law which would oth5 erwise apply to a project to be carried out with assistance

6 provided under this section.

7 (e) REPORT.—Not later than December 31, 1998, the

8 Secretary shall transmit to Congress a report on the re9 sults of the pilot program carried out under this section,

10 together with recommendations concerning whether or not

11 such program should be implemented on a national basis.

12 (f) SOUTHEASTERN PENNSYLVANIA DEFINED.—For

13 purposes of this section, the term ‘‘Southeastern Penn14 sylvania’’ means Philadelphia, Bucks, Chester, Delaware,

15 and Montgomery Counties, Pennsylvania.

16 (g) AUTHORIZATION OF APPROPRIATIONS.—There is

17 authorized to be appropriated to carry out this section

18 $25,000,000 for fiscal years beginning after September

19 30, 1996. Such sums shall remain available until ex20 pended.

21 SEC. 556. BLACKSTONE RIVER VALLEY, RHODE ISLAND AND

22 MASSACHUSETTS.

23 (a) IN GENERAL.—The Secretary, in coordination

24 with Federal, State, and local interests, shall provide tech25 nical, planning, and design assistance in the development
198

•HR 3592 IH

1 and restoration of the Blackstone River Valley National

2 Heritage Corridor, Rhode Island, and Massachusetts.

3 (b) FEDERAL SHARE.—Funds made available under

4 this section for planning and design of a project may not

5 exceed 75 percent of the total cost of such planning and

6 design.

7 SEC. 557. EAST RIDGE, TENNESSEE.

8 The Secretary shall review the flood management

9 study for the East Ridge and Hamilton County area un10 dertaken by the Tennessee Valley Authority and, if the

11 Secretary determines that the project is feasible, shall

12 carry out the project, at an estimated total cost of

13 $25,000,000.

14 SEC. 558. MURFREESBORO, TENNESSEE.

15 The Secretary shall carry out a project for environ16 mental enhancement, Murfreesboro, Tennessee, in accord17 ance with the Report and Environmental Assessment,

18 Black Fox, Murfree and Oaklands Spring Wetlands,

19 Murfreesboro, Rutherford County, Tennessee, dated Au20 gust 1994.

21 SEC. 559. BUFFALO BAYOU, TEXAS.

22 The non-Federal interest for the projects for flood

23 control, Buffalo Bayou Basin, Texas, authorized by sec24 tion 203 of the Flood Control Act of 1954 (68 Stat. 1258),

25 and Buffalo Bayou and tributaries, Texas, authorized by
199

•HR 3592 IH

1 section 101 of the Water Resources Development Act of

2 1990 (104 Stat. 4610), may be reimbursed by up to

3 $5,000,000 or may receive a credit of up to $5,000,000

4 against required non-Federal project cost-sharing con5 tributions for work performed by the non-Federal interest

6 at each of the following locations if such work is compat7 ible with the following authorized projects: White Oak

8 Bayou, Brays Bayou, Hunting Bayou, Garners Bayou,

9 and the Upper Reach on Greens Bayou.

10 SEC. 560. HARRIS COUNTY, TEXAS.

11 (a) IN GENERAL.—During any evaluation of eco12 nomic benefits and costs for projects set forth in sub13 section (b) that occurs after the date of the enactment

14 of this Act, the Secretary shall not consider flood control

15 works constructed by non-Federal interests within the

16 drainage area of such projects prior to the date of such

17 evaluation in the determination of conditions existing prior

18 to construction of the project.

19 (b) SPECIFIC PROJECTS.—The projects to which sub20 section (a) apply are—

21 (1) the project for flood control, Buffalo Bayou

22 and Tributaries, Texas, authorized by section 101(a)

23 of the Water Resources Development Act of 1990

24 (104 Stat. 4610);
200

•HR 3592 IH

1 (2) the project for flood control, Cypress Creek,

2 Texas, authorized by section 3(a)(13) of the Water

3 Resources Development Act of 1988 (102 Stat.

4 4014); and

5 (3) the project for flood control, Buffalo Bayou

6 Basin, authorized by section 203 of the Flood Con7 trol Act of 1954 (68 Stat. 1258).

8 SEC. 561. PIERCE COUNTY, WASHINGTON.

9 (a) TECHNICAL ASSISTANCE.—The Secretary shall

10 provide technical assistance to Pierce County, Washing11 ton, to address measures that are necessary to assure that

12 non-Federal levees are adequately maintained and satisfy

13 eligibility criteria for rehabilitation assistance under sec14 tion 5 of the Act entitled ‘‘An Act authorizing the con15 struction of certain public works on rivers and harbors for

16 flood control, and for other purposes’’, approved August

17 18, 1941 (33 U.S.C. 701n; 55 Stat. 650). Such assistance

18 shall include a review of the requirements of the Puyallup

19 Tribe of Indians Settlement Act of 1989 (Public Law

20 101–41) and standards for project maintenance and vege21 tation management used by the Secretary to determine eli22 gibility for levee rehabilitation assistance with a view to23 ward amending such standards as needed to make non24 Federal levees eligible for assistance that may be nec25 essary as a result of future flooding.
201

•HR 3592 IH

1 (b) LEVEE REHABILITATION.—The Secretary shall

2 expedite a review to determine the extent to which require3 ments of the Puyallup Tribe of Indians Settlement Act

4 of 1989 limited the ability of non-Federal interests to ade5 quately maintain existing non-Federal levees that were

6 damaged by flooding in 1995 and 1996 and, to the extent

7 that such ability was limited by such Act, the Secretary

8 shall carry out the rehabilitation of such levees.

9 SEC. 562. HUNTINGTON, WEST VIRGINIA.

10 The Secretary may enter into a cooperative agree11 ment under section 228 of this Act with Marshall Univer12 sity, Huntington, West Virginia, to provide technical as13 sistance to the Center for Environmental, Geotechnical

14 and Applied Sciences.

15 SEC. 563. LOWER MUD RIVER, MILTON, WEST VIRGINIA.

16 The Secretary shall review the watershed plan and

17 the environmental impact statement prepared for the

18 Lower Mud River, Milton, West Virginia by the Natural

19 Resources Conservation Service pursuant to the Water20 shed Protection and Flood Prevention Act (16 U.S.C.

21 1001 et seq.) and, if the Secretary determines that the

22 project is feasible, shall carry out the project.

23 SEC. 564. EVALUATION OF BEACH MATERIAL.

24 (a) IN GENERAL.—The Secretary and the Secretary

25 of the Interior shall evaluate procedures and requirements
202

•HR 3592 IH

1 used in the selection and approval of materials to be used

2 in the restoration and nourishment of beaches. Such eval3 uation shall address the potential effects of changing exist4 ing procedures and requirements on the implementation

5 of beach restoration and nourishment projects and on the

6 aquatic environment.

7 (b) CONSULTATION.—In conducting the evaluation

8 under this section, the Secretaries shall consult with ap9 propriate State agencies.

10 (c) REPORT.—Not later than 6 months after the date

11 of the enactment of this Act, the Secretaries shall transmit

12 a report to Congress on their findings under this section.

13 SEC. 565. OHIO RIVER GREENWAY.

14 The Secretary is directed to expedite the completion

15 of the study for the Ohio River Greenway, Jeffersonville,

16 Clarksville, and New Albany, Indiana. Upon completion of

17 the study, if the Secretary determines that the project is

18 feasible, the Secretary shall participate with the non-Fed19 eral interests in the construction of the project. Total

20 project costs under this section shall be shared at 50 per21 cent Federal and 50 percent non-Federal. Non-Federal in22 terests shall be responsible for providing all lands, ease23 ments, rights-of-way, relocations, and dredged material

24 disposal areas necessary for the project. The non-Federal

25 interests shall receive credit for costs which the Secretary
203

•HR 3592 IH

1 determines are compatible with the study, design, and im2 plementation of the project.

3 SEC. 566. SENSE OF CONGRESS REGARDING ST. LAWRENCE

4 SEAWAY TOLLS.

5 It is the sense of Congress that the President should

6 engage in negotiations with the Government of Canada for

7 the purposes of—

8 (1) eliminating tolls along the St. Lawrence

9 Seaway system; and

10 (2) identifying ways to maximize the movement

11 of goods and commerce through the St. Lawrence

12 Seaway.

Æ