Union Calendar No. 362

104TH CONGRESS

2D SESSION H. R. 3592

[Report No. 104–695]

A BILL

To provide for conservation and development of

United States, and for other purposes.for improvements to rivers and harbors of theretary of the Army to construct various projectswater and related resources, to authorize the SecJULY 22, 1996

Reported with an amendment, committed to the Commitordered to be printed tee of the Whole House on the State of the Union, and
IB

Union Calendar No. 362

104TH CONGRESS

2D SESSION H. R. 3592

[Report No. 104–695]

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

JULY 22, 1996

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

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

[For text of introduced bill, see copy of bill as introduced on June 6, 1996]

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,
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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

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

4 (b) TABLE OF CONTENTS.—

Sec. 1. Short title; table of contents.

Sec. 2. Definition.

TITLE I—WATER RESOURCES PROJECTS

Sec. 101. Project authorizations.

Sec. 102. Small flood control projects.

Sec. 103. Small bank stabilization projects.

Sec. 104. Small navigation projects.

Sec. 105. Small shoreline protection projects.

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

Falls, Minnesota.

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

TITLE II—GENERALLY APPLICABLE PROVISIONS

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

Sec. 202. Flood control policy.

Sec. 203. Feasibility study cost-sharing.

Sec. 204. Restoration of environmental quality.

Sec. 205. Environmental dredging.

Sec. 206. Aquatic ecosystem restoration.

Sec. 207. Beneficial uses of dredged material.

Sec. 208. Recreation policy and user fees.

Sec. 209. Recovery of costs.

Sec. 210. Cost sharing of environmental projects.

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

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

Sec. 213. Lease authority.

Sec. 214. Collaborative research and development.

Sec. 215. Dam safety program.

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

Sec. 217. Long-term sediment management strategies.

Sec. 218. Dredged material disposal facility partnerships.

Sec. 219. Obstruction removal requirement.

Sec. 220. Small project authorizations.

Sec. 221. Uneconomical cost-sharing requirements.

Sec. 222. Planning assistance to States.

Sec. 223. Corps of Engineers expenses.

Sec. 224. State and Federal agency review period.

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

Sec. 226. Aquatic plant control.

Sec. 227. Sediments decontamination technology.

Sec. 228. Shore protection.

Sec. 229. Project deauthorizations.

Sec. 230. Support of Army Civil Works Program.

Sec. 231. Benefits to navigation.

Sec. 232. Loss of life prevention.
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Sec. 233. Scenic and aesthetic considerations.

Sec. 234. Removal of study prohibitions.

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

Sec. 236. Reservoir Management Technical Advisory Committee.

Sec. 237. Technical corrections.

TITLE III—PROJECT MODIFICATIONS

Sec. 301. Mobile Harbor, Alabama.

Sec. 302. Alamo Dam, Arizona.

Sec. 303. Nogales Wash and Tributaries, Arizona.

Sec. 304. Phoenix, Arizona.

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

Sec. 306. 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. Halstead, Kansas.

Sec. 326. Levisa and Tug Forks of the Big Sandy River and Cumberland River,

Kentucky, West Virginia, and Virginia.

Sec. 327. Comite River, Louisiana.

Sec. 328. Grand Isle and Vicinity, Louisiana.

Sec. 329. Lake Pontchartrain, Louisiana.

Sec. 330. Mississippi Delta Region, Louisiana.

Sec. 331. Mississippi River Outlets, Venice, Louisiana.

Sec. 332. Red River Waterway, Louisiana.

Sec. 333. Tolchester Channel, Maryland.

Sec. 334. Saginaw River, Michigan.

Sec. 335. Sault Sainte Marie, Chippewa County, Michigan.

Sec. 336. Stillwater, Minnesota.

Sec. 337. Cape Girardeau, Missouri.

Sec. 338. New Madrid Harbor, Missouri.

Sec. 339. St. John’s Bayou—New Madrid Floodway, Missouri.

Sec. 340. Joseph G. Minish Passaic River Park, New Jersey.

Sec. 341. Molly Ann’s Brook, New Jersey.

Sec. 342. Passaic River, New Jersey.

Sec. 343. Ramapo River at Oakland, New Jersey and New York.

Sec. 344. Raritan Bay and Sandy Hook Bay, New Jersey.

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

Sec. 346. Jones Inlet, New York.
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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. Reno Beach-Howards Farm, Ohio.

Sec. 351. Wister Lake, Oklahoma.

Sec. 352. Bonneville Lock and Dam, Columbia River, Oregon and Washington.

Sec. 353. Columbia River dredging, Oregon and Washington.

Sec. 354. Grays Landing Lock and Dam, Monongahela River, Pennsylvania.

Sec. 355. Lackawanna River at Scranton, Pennsylvania.

Sec. 356. Mussers Dam, Middle Creek, Snyder County, Pennsylvania.

Sec. 357. Saw Mill Run, Pennsylvania.

Sec. 358. Schuylkill River, Pennsylvania.

Sec. 359. South Central Pennsylvania.

Sec. 360. Wyoming Valley, Pennsylvania.

Sec. 361. San Juan Harbor, Puerto Rico.

Sec. 362. Narragansett, Rhode Island.

Sec. 363. Charleston Harbor, South Carolina.

Sec. 364. Dallas Floodway Extension, Dallas, Texas.

Sec. 365. Upper Jordan River, Utah.

Sec. 366. Haysi Lake, Virginia.

Sec. 367. Rudee Inlet, Virginia Beach, Virginia.

Sec. 368. Virginia Beach, Virginia.

Sec. 369. East Waterway, Washington.

Sec. 370. Bluestone Lake, West Virginia.

Sec. 371. Moorefield, West Virginia.

Sec. 372. Southern West Virginia.

Sec. 373. Kickapoo River, Wisconsin.

Sec. 374. Teton County, Wyoming.

TITLE IV—STUDIES

Sec. 401. Corps capability study, Alaska.

Sec. 402. McDowell Mountain, Arizona.

Sec. 403. Nogales Wash and Tributaries, Arizona.

Sec. 404. Garden Grove, California.

Sec. 405. Mugu Lagoon, California.

Sec. 406. Santa Ynez, California.

Sec. 407. Southern California infrastructure.

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

Sec. 409. Chain of Rocks Canal, Illinois.

Sec. 410. Quincy, Illinois.

Sec. 411. Springfield, Illinois.

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

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

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

Sec. 415. Koontz Lake, Indiana.

Sec. 416. Little Calumet River, Indiana.

Sec. 417. Tippecanoe River Watershed, Indiana.

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

Sec. 419. Huron River, Michigan.

Sec. 420. Saco River, New Hampshire.

Sec. 421. Buffalo River Greenway, New York.

Sec. 422. Port of Newburgh, New York.

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

Sec. 424. Port of New York-New Jersey navigation study.
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Sec. 425. Chagrin River, Ohio.

Sec. 426. Cuyahoga River, Ohio.

Sec. 427. Charleston, South Carolina, estuary.

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

Sec. 429. Prince William County, Virginia.

Sec. 430. Pacific region.

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

TITLE V—MISCELLANEOUS PROVISIONS

Sec. 501. Project deauthorizations.

Sec. 502. Project reauthorizations.

Sec. 503. Continuation of authorization of certain projects.

Sec. 504. Land conveyances.

Sec. 505. Namings.

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

Sec. 507. Lakes program.

Sec. 508. Maintenance of navigation channels.

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

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

Sec. 511. Great Lakes sediment reduction.

Sec. 512. Great Lakes confined disposal facilities.

Sec. 513. Chesapeake Bay restoration and protection program.

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

Sec. 515. Alternative to annual passes.

Sec. 516. Recreation partnership initiative.

Sec. 517. Environmental infrastructure.

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

Sec. 519. Periodic beach nourishment.

Sec. 520. Control of aquatic plants.

Sec. 521. Hopper dredges.

Sec. 522. Design and construction assistance.

Sec. 523. Field office headquarters facilities.

Sec. 524. Lake Superior Center.

Sec. 525. Jackson County, Alabama.

Sec. 526. Earthquake Preparedness Center of Expertise Extension.

Sec. 527. Quarantine facility.

Sec. 528. Benton and Washington Counties, Arkansas.

Sec. 529. Calaveras County, California.

Sec. 530. Prado Dam safety improvements, California.

Sec. 531. Manatee County, Florida.

Sec. 532. Tampa, Florida.

Sec. 533. Watershed management plan for Deep River Basin, Indiana.

Sec. 534. Southern and eastern Kentucky.

Sec. 535. Louisiana coastal wetlands restoration projects.

Sec. 536. Southeast Louisiana.

Sec. 537. Restoration projects for Maryland, Pennsylvania, and West Virginia.

Sec. 538. Beneficial use of dredged material, Poplar Island, Maryland.

Sec. 539. Erosion control measures, Smith Island, Maryland.

Sec. 540. Beneficial use of dredged material, Worton Point, Kent County, Maryland.

Sec. 541. Duluth, Minnesota, alternative technology project.

Sec. 542. Redwood River Basin, Minnesota.

Sec. 543. Natchez Bluffs, Mississippi.

Sec. 544. Sardis Lake, Mississippi.
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Sec. 545. Missouri River management.

Sec. 546. St. Charles County, Missouri, flood protection.

Sec. 547. Cocheco River, New Hampshire.

Sec. 548. Durham, New Hampshire.

Sec. 549. Hackensack Meadowlands area, New Jersey.

Sec. 550. Authorization of dredge material containment facility for Port of New

York/New Jersey.

Sec. 551. Hudson River habitat restoration, New York.

Sec. 552. New York Bight and Harbor study.

Sec. 553. New York State Canal System.

Sec. 554. New York City Watershed.

Sec. 555. Ohio River Greenway.

Sec. 556. Northeastern Ohio.

Sec. 557. Grand Lake, Oklahoma.

Sec. 558. Broad Top region of Pennsylvania.

Sec. 559. Hopper Dredge McFarland.

Sec. 560. Philadelphia, Pennsylvania.

Sec. 561. Upper Susquehanna River Basin, Pennsylvania and New York.

Sec. 562. Seven Points Visitors Center, Raystown Lake, Pennsylvania.

Sec. 563. Southeastern Pennsylvania.

Sec. 564. Blackstone River Valley, Rhode Island and Massachusetts.

Sec. 565. East Ridge, Tennessee.

Sec. 566. Murfreesboro, Tennessee.

Sec. 567. Buffalo Bayou, Texas.

Sec. 568. Harris County, Texas.

Sec. 569. Pierce County, Washington.

Sec. 570. Washington Aqueduct.

Sec. 571. Huntington, West Virginia.

Sec. 572. Lower Mud River, Milton, West Virginia.

Sec. 573. Evaluation of beach material.

Sec. 574. Sense of Congress regarding St. Lawrence Seaway tolls.

1 SEC. 2. DEFINITION.

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

3 the Secretary of the Army.

4 TITLE I—WATER RESOURCES

5 PROJECTS

6 SEC. 101. PROJECT AUTHORIZATIONS.

7 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 the

10 Secretary substantially in accordance with the plans, and
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1 subject to the conditions, described in the respective reports

2 designated in this section:

3 (1) AMERICAN RIVER WATERSHED, CALIFOR4 NIA.—

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

6 damage reduction, American and Sacramento

7 Rivers, California: Supplemental Information

8 Report for the American River Watershed

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

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

11 cost of $42,975,000 and an estimated non-Fed12 eral cost of $14,325,000, consisting of the follow13 ing:

14 (i) Approximately 24 miles of slurry

15 wall in the existing levees along the lower

16 American River.

17 (ii) Approximately 12 miles of levee

18 modifications along the east bank of the

19 Sacramento River downstream from the

20 Natomas Cross Canal.

21 (iii) 3 telemeter streamflow gages up22 stream from the Folsom Reservoir.

23 (iv) Modifications to the existing flood

24 warning system along the lower American

25 River.
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1 (B) CREDIT TOWARD NON-FEDERAL

2 SHARE.—The non-Federal sponsor shall receive

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

4 the project for expenses that the sponsor has in5 curred for design and construction of any of the

6 features authorized pursuant to this paragraph

7 prior to the date on which Federal funds are ap8 propriated for construction of the project. The

9 amount of the credit shall be determined by the

10 Secretary.

11 (C) OPERATION OF FOLSOM DAM.—The Sec12 retary of the Interior shall continue to operate

13 the Folsom Dam and Reservoir to the variable

14 400,000/670,000 acre-feet of flood control storage

15 capacity as an interim measure and extend the

16 agreement between the Bureau of Reclamation

17 and the Sacramento Area Flood Control Agency

18 until such date as a comprehensive flood control

19 plan for the American River Watershed has been

20 implemented.

21 (D) RESPONSIBILITY OF NON-FEDERAL

22 SPONSOR.—The non-Federal sponsor shall be re23 sponsible for all operation, maintenance, repair,

24 replacement, and rehabilitation costs associated

25 with the improvements undertaken pursuant to
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1 this paragraph, as well as, costs for the variable

2 flood control operation of the Folsom Dam and

3 Reservoir.

4 (2) SANTA BARBARA HARBOR, CALIFORNIA.—The

5 project for navigation, Santa Barbara Harbor, Cali6 fornia: Report of the Chief of Engineers, dated April

7 26, 1994, at a total cost of $5,840,000, with an esti8 mated Federal cost of $4,670,000 and an estimated

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

10 (3) SAN LORENZO RIVER, SANTA CRUZ, CALIFOR11 NIA.—The project for flood control, San Lorenzo

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

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

14 $21,800,000, with an estimated Federal cost of

15 $10,900,000 and an estimated non-Federal cost of

16 $10,900,000.

17 (4) MARIN COUNTY SHORELINE, SAN RAFAEL,

18 CALIFORNIA.—The project for storm damage reduc19 tion, Marin County shoreline, San Rafael, California:

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

21 1994, at a total cost of $28,300,000, with an esti22 mated Federal cost of $18,400,000 and an estimated

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

24 (5) HUMBOLDT HARBOR AND BAY, CALIFOR25 NIA.—The project for navigation, Humboldt Harbor
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1 and Bay, California: Report of the Chief of Engi2 neers, dated October 30, 1995, at a total cost of

3 $15,180,000, with an estimated Federal cost of

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

5 $5,180,000.

6 (6) ANACOSTIA RIVER AND TRIBUTARIES, DIS7 TRICT OF COLUMBIA AND MARYLAND.—The project for

8 environmental restoration, Anacostia River and Trib9 utaries, District of Columbia and Maryland: Report

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

11 at a total cost of $17,144,000, with an estimated Fed12 eral cost of $12,858,000 and an estimated non-Fed13 eral cost of $4,286,000.

14 (7) ATLANTIC INTRACOASTAL WATERWAY, ST.

15 JOHNS COUNTY, FLORIDA.—The project for naviga16 tion, Atlantic Intracoastal Waterway, St. Johns

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

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

19 $15,881,000. Operation, maintenance, repair, replace20 ment, and rehabilitation shall be a non-Federal re21 sponsibility and the non-Federal interest must assume

22 ownership of the bridge.

23 (8) LAKE MICHIGAN, ILLINOIS.—The project for

24 storm damage reduction and shoreline erosion protec25 tion, Lake Michigan, Illinois, from Wilmette, Illinois,
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1 to the Illinois-Indiana State line: Report of the Chief

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

3 $204,000,000, with an estimated Federal cost of

4 $110,000,000 and an estimated non-Federal cost of

5 $94,000,000. The project shall include the breakwater

6 near the South Water Filtration Plant described in

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

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

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

10 of $4,010,000. The Secretary shall reimburse the non11 Federal interest for the Federal share of any costs in12 curred by the non-Federal interest—

13 (A) in reconstructing the revetment struc14 tures protecting Solidarity Drive in Chicago, Il15 linois, if such work is determined by the Sec16 retary to be a component of the project; and

17 (B) in constructing the breakwater near the

18 South Water Filtration Plant in Chicago, Illi19 nois.

20 (9) KENTUCKY LOCK AND DAM, TENNESSEE

21 RIVER, KENTUCKY.—The project for navigation, Ken22 tucky Lock and Dam, Tennessee River, Kentucky: Re23 port of the Chief of Engineers, dated June 1, 1992, at

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

of the project are to be paid 1 25 ⁄2 from amounts appro-
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priated from the general fund of the Treasury and 1 1 ⁄2

2 from amounts appropriated from the Inland Water3 ways Trust Fund.

4 (10) POND CREEK, JEFFERSON COUNTY, KEN5 TUCKY.—The project for flood control, Pond Creek,

6 Jefferson County, Kentucky: Report of the Chief of

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

8 $16,080,000, with an estimated Federal cost of

9 $10,993,000 and an estimated non-Federal cost of

10 $5,087,000.

11 (11) WOLF CREEK DAM AND LAKE CUMBERLAND,

12 KENTUCKY.—The project for hydropower, Wolf Creek

13 Dam and Lake Cumberland, Kentucky: Report of the

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

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

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

17 Valley Authority from its power program and funds

18 derived from any private or public entity designated

19 by the Southeastern Power Administration may be

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

21 (12) PORT FOURCHON, LAFOURCHE PARISH,

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

23 Bayou Lafourche, Louisiana: Report of the Chief of

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

25 $4,440,000, with an estimated Federal cost of
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1 $2,300,000 and an estimated non-Federal cost of

2 $2,140,000.

3 (13) WEST BANK OF THE MISSISSIPPI RIVER,

4 NEW ORLEANS (EAST OF HARVEY CANAL), LOUISI5 ANA.—The project for hurricane damage reduction,

6 West Bank of the Mississippi River in the vicinity of

7 New Orleans (East of Harvey Canal), Louisiana: Re8 port of the Chief of Engineers, dated May 1, 1995, at

9 a total cost of $126,000,000, with an estimated Fed10 eral cost of $82,200,000 and an estimated non-Fed11 eral cost of $43,800,000.

12 (14) WOOD RIVER, GRAND ISLAND, NEBRASKA.—

13 The project for flood control, Wood River, Grand Is14 land, Nebraska: Report of the Chief of Engineers,

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

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

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

18 (15) LONG BEACH ISLAND, NEW YORK.—The

19 project for storm damage reduction, Long Beach Is20 land, New York: Report of the Chief of Engineers,

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

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

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

24 (16) WILMINGTON HARBOR, CAPE FEAR RIVER,

25 NORTH CAROLINA.—The project for navigation, Wil-
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1 mington Harbor, Cape Fear and Northeast Cape Fear

2 Rivers, North Carolina: Report of the Chief of Engi3 neers, dated June 24, 1994, at a total cost of

4 $23,953,000, with an estimated Federal cost of

5 $15,032,000 and an estimated non-Federal cost of

6 $8,921,000.

7 (17) DUCK CREEK, CINCINNATI, OHIO.—The

8 project for flood control, Duck Creek, Cincinnati,

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

10 28, 1994, at a total cost of $15,947,000, with an esti11 mated Federal cost of $11,960,000 and an estimated

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

13 (18) WILLAMETTE RIVER TEMPERATURE CON14 TROL, MCKENZIE SUBBASIN, OREGON.—The project

15 for environmental restoration, Willamette River Tem16 perature Control, McKenzie Subbasin, Oregon: Report

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

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

19 cost of $38,000,000.

20 (19) RIO GRANDE DE ARECIBO, PUERTO RICO.—

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

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

23 April 5, 1994, at a total cost of $19,951,000, with an

24 estimated Federal cost of $10,557,000 and an esti25 mated non-Federal cost of $9,394,000.
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1 (20) BIG SIOUX RIVER AND SKUNK CREEK, SIOUX

2 FALLS, SOUTH DAKOTA.—The project for flood control,

3 Big Sioux River and Skunk Creek, Sioux Falls, South

4 Dakota: Report of the Chief of Engineers, dated June

5 30, 1994, at a total cost of $34,600,000, with an esti6 mated Federal cost of $25,900,000 and an estimated

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

8 (21) WATERTOWN, SOUTH DAKOTA.—The project

9 for flood control, Watertown and Vicinity, South Da10 kota: Report of the Chief of Engineers, dated August

11 31, 1994, at a total cost of $18,000,000, with an esti12 mated Federal cost of $13,200,000 and an estimated

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

14 (22) GULF INTRACOASTAL WATERWAY, ARANSAS

15 NATIONAL WILDLIFE REFUGE, TEXAS.—The project for

16 navigation and environmental preservation, Gulf In17 tracoastal Waterway, Aransas National Wildlife Ref18 uge, Texas: Report of the Chief of Engineers, dated

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

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

21 (23) HOUSTON-GALVESTON NAVIGATION CHAN22 NELS, TEXAS.—The project for navigation and envi23 ronmental restoration, Houston-Galveston Navigation

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

25 dated May 9, 1996, at a total initial construction cost
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1 of $292,797,000, with an estimated Federal cost of

2 $210,891,000 and an estimated non-Federal cost of

3 $81,906,000. The project shall include deferred con4 struction of additional environmental restoration fea5 tures over the life of the project, at a total average an6 nual cost of $786,000, with an estimated Federal cost

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

8 $196,000. The construction of berthing areas and the

9 removal of pipelines and other obstructions that are

10 necessary for the project shall be accomplished at non11 Federal expense. Non-Federal interests shall receive

12 credit toward cash contributions required during con13 struction and subsequent to construction for design

14 and construction management work that is performed

15 by non-Federal interests and that the Secretary deter16 mines is necessary to implement the project.

17 (24) MARMET LOCK, KANAWHA RIVER, WEST VIR18 GINIA.—The project for navigation, Marmet Lock,

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

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

21 $229,581,000. The costs of construction of the project

are to be paid 1 22 ⁄2 from amounts appropriated from

the general fund of the Treasury and 1 23 ⁄2 from

24 amounts appropriated from the Inland Waterways

25 Trust Fund. In conducting any real estate acquisition
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1 activities with respect to the project, the Secretary

2 shall give priority consideration to those individuals

3 who would be directly affected by any physical dis4 placement due to project design and shall consider the

5 financial circumstances of such individuals. The Sec6 retary shall proceed with real estate acquisition in

7 connection with the project expeditiously.

8 SEC. 102. SMALL FLOOD CONTROL PROJECTS.

9 (a) PROJECT DESCRIPTIONS.—The Secretary shall

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

11 the Secretary determines that the project is feasible, shall

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

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

14 (1) SOUTH UPLAND, SAN BERNADINO COUNTY,

15 CALIFORNIA.—Project for flood control, South Up16 land, San Bernadino County, California.

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

18 Project for flood control, Birds, Lawrence County, Il19 linois.

20 (3) BRIDGEPORT, LAWRENCE COUNTY, ILLI21 NOIS.—Project for flood control, Bridgeport, Lawrence

22 County, Illinois.

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

24 Project for flood control, Embarras River, Villa

25 Grove, Illinois.
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1 (5) FRANKFORT, WILL COUNTY, ILLINOIS.—

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

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

5 Project for flood control, Sumner, Lawrence County,

6 Illinois.

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

9 control, Vermillion River, Demanade Park, Lafayette,

10 Louisiana. In carrying out the study and the project

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

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

14 under this paragraph.

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

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

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

22 expedite completion of the study under this para23 graph.
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1 (9) KAWKAWLIN RIVER, BAY COUNTY, MICHI2 GAN.—Project for flood control, Kawkawlin River,

3 Bay County, Michigan.

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

6 Arenac County, Michigan.

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

8 Project for flood control, Festus and Crystal City,

9 Missouri. In carrying out the study and the project

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

11 relevant information from the existing reconnaissance

12 study and shall expedite completion of the study

13 under this paragraph.

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

15 control, Kimmswick, Missouri. In carrying out the

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

17 the Secretary shall use relevant information from the

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

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

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

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

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

24 the feasibility of potential flood control measures, con25 sider potential storm water runoff and related im-
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1 provements, and cooperate with the Metropolitan St.

2 Louis Sewer District.

3 (14) BUFFALO CREEK, ERIE COUNTY, NEW

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

5 County, New York.

6 (15) CAZENOVIA CREEK, ERIE COUNTY, NEW

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

8 Erie County, New York.

9 (16) CHEEKTOWAGA, ERIE COUNTY, NEW

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

11 County, New York.

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

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

15 (18) MOYER CREEK, VILLAGE OF FRANKFORT,

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

17 Village of Frankfort, New York.

18 (19) SAUQUOIT CREEK, WHITESBORO, NEW

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

20 Whitesboro, New York.

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

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

23 of Ilion, New York.
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1 (21) WILLAMETTE RIVER, OREGON.—Project for

2 nonstructural flood control, Willamette River, Oregon,

3 including floodplain and ecosystem restoration.

4 (22) WILLS CREEK, HYNDMAN, PENNSYLVANIA.—

5 Project for flood control, Wills Creek, Borough of

6 Hyndman, Pennsylvania. The Secretary shall re7 evaluate the project taking into consideration recent

8 flooding and shall use relevant information from pre9 vious studies to expedite the project. In evaluating

10 and implementing the project, the Secretary shall

11 allow non-Federal interests to participate in financ12 ing of the project in accordance with section 903(c)

13 of the Water Resources Development Act of 1986 to

14 the extent that the Secretary’s evaluation indicates

15 that applying such section is necessary to implement

16 the project.

17 (23) NEABSCO CREEK WATERSHED, VIRGINIA.—

18 Project for flood control, Neabsco Creek Watershed,

19 Prince William County, Virginia. In evaluating and

20 implementing the project, the Secretary shall allow

21 the non-Federal interest to participate in financing of

22 the project in accordance with section 903(c) of the

23 Water Resources Development Act of 1986, to the ex24 tent that the Secretary’s evaluation indicates that ap-
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1 plying such section is necessary to implement the

2 project.

3 (24) GREENBRIER RIVER BASIN, WEST VIR4 GINIA.—Project for flood control, consisting of an

5 early flood warning system, Greenbrier River Basin,

6 West Virginia.

7 (b) COST ALLOCATIONS.—

8 (1) LAKE ELSINORE, CALIFORNIA.—The maxi9 mum amount of Federal funds that may be allotted

10 under section 205 of the Flood Control Act of 1948

11 (33 U.S.C. 701s) for the project for flood control, Lake

12 Elsinore, Riverside County, California, shall be

13 $7,500,000.

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

15 maximum amount of Federal funds that may be allot16 ted under such section 205 for the project for flood

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

18 $5,500,000.

19 (3) REVISION OF PROJECT COOPERATION AGREE20 MENT.—The Secretary shall revise the project coopera21 tion agreement for the projects referred to in para22 graphs (1) and (2) in order to take into account the

23 change in the Federal participation in such projects

24 pursuant to such paragraphs.
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1 (4) COST SHARING.—Nothing in this subsection

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

5 of 1986.

6 SEC. 103. SMALL BANK STABILIZATION PROJECTS.

7 The Secretary shall conduct a study for each of the

8 following projects and, if the Secretary determines that the

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

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

11 (1) ALLEGHENY RIVER AT OIL CITY, PENNSYLVA12 NIA.—Project for bank stabilization to address erosion

13 problems affecting the pipeline crossing the Allegheny

14 River at Oil City, Pennsylvania, including measures

15 to address erosion affecting the pipeline in the bed of

16 the Allegheny River and its adjacent banks.

17 (2) CUMBERLAND RIVER, NASHVILLE, TEN18 NESSEE.—Project for bank stabilization, Cumberland

19 River, Nashville, Tennessee.

20 (3) TENNESSEE RIVER, HAMILTON COUNTY, TEN21 NESSEE.—Project for bank stabilization, Tennessee

22 River, Hamilton County, Tennessee; except that the

23 maximum amount of Federal funds that may be allot24 ted for the project shall be $7,500,000.
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1 SEC. 104. SMALL NAVIGATION PROJECTS.

2 The Secretary shall conduct a study for each of the

3 following projects and, if the Secretary determines that the

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

5 107 of the River and Harbor Act of 1960 (33 U.S.C. 577):

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

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

8 barrier, including application of innovative tech9 nology involving use of a permeable breakwater.

10 (2) GRAND MARAIS HARBOR BREAKWATER,

11 MICHIGAN.—Project for navigation, Grand Marais

12 Harbor breakwater, Michigan.

13 (3) DULUTH, MINNESOTA.—Project for naviga14 tion, Duluth, Minnesota.

15 (4) TACONITE, MINNESOTA.—Project for naviga16 tion, Taconite, Minnesota.

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

18 navigation, Two Harbors, Minnesota.

19 (6) CARUTHERSVILLE HARBOR, PEMISCOT COUN20 TY, MISSOURI.—Project for navigation, Caruthersville

21 Harbor, Pemiscot County, Missouri, including en22 largement of the existing harbor and bank stabiliza23 tion measures.

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

25 Project for navigation, New Madrid County Harbor,
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1 Missouri, including enlargement of the existing har2 bor and bank stabilization measures.

3 (8) BROOKLYN, NEW YORK.—Project for naviga4 tion, Brooklyn, New York, including restoration of the

5 pier and related navigation support structures, at the

6 Sixty-Ninth Street Pier.

7 (9) BUFFALO INNER HARBOR, BUFFALO, NEW

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

9 Buffalo, New York.

10 (10) UNION SHIP CANAL, BUFFALO AND LACKA11 WANNA, NEW YORK.—Project for navigation, Union

12 Ship Canal, Buffalo and Lackawanna, New York.

13 SEC. 105. SMALL SHORELINE PROTECTION PROJECTS.

14 (a) PROJECT AUTHORIZATIONS.—The Secretary shall

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

16 the Secretary determines that the project is feasible, shall

17 carry out the project under section 3 of the Shoreline Protec18 tion Act of August 13, 1946 (33 U.S.C. 426g):

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

20 for shoreline protection, Faulkner’s Island, Connecti21 cut; except that the maximum amount of Federal

22 funds that may be allotted for the project shall be

23 $4,500,000.
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1 (2) FORT PIERCE, FLORIDA.—Project for 1 mile

2 of additional shoreline protection, Fort Pierce, Flor3 ida.

4 (3) SYLVAN BEACH BREAKWATER, TOWN OF

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

6 shoreline protection, Sylvan Beach Breakwater, town

7 of Verona, Oneida County, New York.

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

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

10 enter into an agreement with the property owner to deter11 mine allocation of the project costs.

12 SEC. 106. SMALL SNAGGING AND SEDIMENT REMOVAL

13 PROJECT, MISSISSIPPI RIVER, LITTLE FALLS,

14 MINNESOTA.

15 The Secretary shall conduct a study for a project for

16 clearing, snagging, and sediment removal, East Bank of the

17 Mississippi River, Little Falls, Minnesota, including re18 moval of sediment from culverts. The study shall include

19 a determination of the adequacy of culverts to maintain

20 flows through the channel. If the Secretary determines that

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

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

23 March 2, 1945 (33 U.S.C. 603a; 59 Stat. 23).
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1 SEC. 107. SMALL PROJECTS FOR IMPROVEMENT OF THE EN2 VIRONMENT.

3 The Secretary shall conduct a study for each of the

4 following projects and, if the Secretary determines that the

5 project is appropriate, shall carry out the project under sec6 tion 1135(a) of the Water Resources Development Act of

7 1986 (33 U.S.C. 2309(a)):

8 (1) UPPER TRUCKEE RIVER, EL DORADO COUN9 TY, CALIFORNIA.—Project for environmental restora10 tion, Upper Truckee River, El Dorado County, Cali11 fornia, including measures for restoration of degraded

12 wetlands and wildlife enhancement.

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

14 for habitat restoration, San Lorenzo River, Califor15 nia.

16 (3) WHITTIER NARROWS DAM, CALIFORNIA.—

17 Project for environmental restoration and remedi18 ation of contaminated water sources, Whittier Nar19 rows Dam, California.

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

21 UTAH.—Project for channel restoration and environ22 mental improvement, Upper Jordan River, Salt Lake

23 County, Utah.
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1 TITLE II—GENERALLY

2 APPLICABLE PROVISIONS

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

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

7 Stat. 4082–4083) is amended—

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

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

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

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

13 be credited toward the payment required under this

14 paragraph.’’;

15 (2) in paragraph (3)—

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

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

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

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

22 than utility relocations accomplished under

23 paragraph (4)) that are necessary for dredged

24 material disposal facilities’’ before the period at

25 the end of such paragraph; and
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1 (3) by adding at the end the following:

2 ‘‘(5) DREDGED MATERIAL DISPOSAL FACILITIES

3 FOR PROJECT CONSTRUCTION.—For purposes of this

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

6 material disposal facilities that are necessary for the

7 disposal of dredged material and for project construc8 tion and for which a contract for construction has not

9 been awarded on or before the date of the enactment

10 of this paragraph.’’.

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

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

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

14 ‘‘The Federal’’;

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

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

17 to the right;

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

20 other law approved after the date of the enactment of

21 this Act’’; and

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

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

25 land-based and aquatic dredged material disposal fa-
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1 cilities that are necessary for the disposal of dredged

2 material required for the operation and maintenance

3 of a project and for which a contract for construction

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

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

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

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

13 material disposal facilities, and to perform’’.

14 (d) CONSIDERATION OF FUNDING REQUIREMENTS AND

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

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

17 adding at the end the following:

18 ‘‘(f) CONSIDERATION OF FUNDING REQUIREMENTS

19 AND EQUITABLE APPORTIONMENT.—The Secretary shall

20 ensure, to the extent practicable, that funding necessary for

21 operation and maintenance dredging of commercial naviga22 tion harbors is provided before Federal funds are obligated

23 for payment of the Federal share of costs associated with

24 construction of dredged material disposal facilities in ac25 cordance with subsections (a) and (b) and that funds ex-
31

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1 pended for such construction are equitably apportioned in

2 accordance with regional needs.’’.

3 (e) ELIGIBLE OPERATIONS AND MAINTENANCE DE4 FINED.—Section 214(2)(A) of such Act (33 U.S.C. 2241;

5 100 Stat. 4108) is amended—

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

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

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

9 following: ‘‘; (ii) the construction of dredged material

10 disposal facilities that are necessary for the operation

11 and maintenance of any harbor or inland harbor;

12 (iii) dredging and disposing of contaminated sedi13 ments which are in or which affect the maintenance

14 of Federal navigation channels; (iv) mitigating for

15 impacts resulting from Federal navigation operation

16 and maintenance activities; and (v) operating and

17 maintaining dredged material disposal facilities’’.

18 (f) AMENDMENT OF COOPERATION AGREEMENT.—If

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

20 amend a project cooperation agreement executed on or be21 fore the date of the enactment of this Act to reflect the appli22 cation of the amendments made by this section to any

23 project for which a contract for construction has not been

24 awarded on or before such date of enactment.
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1 (g) AUTHORIZATION OF APPROPRIATIONS.—Section

2 210 of such Act (33 U.S.C. 2238; 100 Stat. 4106) is amend3 ed—

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

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

6 and

7 (3) by striking subsection (b).

8 SEC. 202. FLOOD CONTROL POLICY.

9 (a) FLOOD CONTROL COST SHARING.—

10 (1) INCREASED NON-FEDERAL CONTRIBUTIONS.—

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

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

13 2213(a) and (b)) are each amended by striking ‘‘25

14 percent’’ each place it appears and inserting ‘‘35 per15 cent’’.

16 (2) APPLICABILITY.—The amendments made by

17 paragraph (1) shall apply to projects authorized after

18 the date of the enactment of this Act.

19 (b) ABILITY TO PAY.—

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

21 (33 U.S.C. 2213(m)) is amended to read as follows:

22 ‘‘(m) ABILITY TO PAY.—

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

24 under this section for flood control or agricultural
33

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

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

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

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

7 the enactment of the Water Resources Development

8 Act of 1996; except that such criteria and procedures

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

10 enactment to reflect the requirements of paragraph

11 (3).

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

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

15 ‘‘(A) shall consider—

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

17 county or counties in which the project is to

18 be located; and

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

20 construction of the project for the county or

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

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

24 criteria described in subparagraph (A)) in effect

25 on the day before the date of the enactment of
34

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1 the Water Resources Development Act of 1996;

2 and

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

5 to carry out its cost-sharing responsibilities, to

6 the extent that the application of such criteria

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

9 under subparagraph (A).

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

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

12 the requirement that a non-Federal interest make a

13 cash contribution for any project that is determined

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

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

16 and (3).’’.

17 (2) APPLICABILITY.—

18 (A) GENERALLY.—Subject to subparagraph

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

20 shall apply to any project, or separable element

21 thereof, with respect to which the Secretary and

22 the non-Federal interest have not entered into a

23 project cooperation agreement on or before the

24 date of the enactment of this Act.
35

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

3 the Secretary shall amend a project cooperation

4 agreement executed on or before the date of the

5 enactment of this Act to reflect the application of

6 the amendment made by paragraph (1) to any

7 project for which a contract for construction has

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

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

11 the non-Federal interest, the Secretary shall

12 apply the criteria and procedures established

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

15 the day before the date of the enactment of this

16 Act for projects that are authorized before the

17 date of the enactment of this Act.

18 (c) FLOOD PLAIN MANAGEMENT PLANS.—

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

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

21 as follows:

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

23 ‘‘(a) COMPLIANCE WITH FLOOD PLAIN MANAGEMENT

24 AND INSURANCE PROGRAMS.—Before construction of any

25 project for local flood protection or any project for hurri-
36

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1 cane or storm damage reduction and involving Federal as2 sistance from the Secretary, the non-Federal interest shall

3 agree to participate in and comply with applicable Federal

4 flood plain management and flood insurance programs.

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

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

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

9 management plan designed to reduce the impacts of future

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

12 after completion of construction of the project.

13 ‘‘(c) GUIDELINES.—

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

15 date of the enactment of this subsection, the Secretary

16 shall develop guidelines for preparation of flood plain

17 management plans by non-Federal interests under

18 subsection (b). Such guidelines shall address potential

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

20 injuries, damages to property and facilities, public

21 expenditures, and other adverse impacts associated

22 with flooding and to preserve and enhance natural

23 flood plain values.

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

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

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

8 (2) APPLICABILITY.—The amendment made by

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

10 element thereof with respect to which the Secretary

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

12 project cooperation agreement on or before the date of

13 the enactment of this Act.

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

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

17 to the evaluation and development of flood control

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

20 flood control measures as alternatives to structural

21 measures.

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

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

24 transmit to Congress a report on the findings on the

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

2 remove any impediments identified under such re3 view.

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

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

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

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

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

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

12 (f) NONSTRUCTURAL ALTERNATIVES.—Section 73 of

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

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

15 (a) and inserting the following:

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

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

19 socially, and environmentally acceptable means of reducing

20 or preventing flood damages, shall consider and address in

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

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

2 wildlife, and other public purposes.’’.

3 SEC. 203. FEASIBILITY STUDY COST-SHARING.

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

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

6 2215(a)(1)) is amended—

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

8 period of such study’’;

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

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

13 as contained in the feasibility cost-sharing agreement.

14 The cost estimate may be amended only by mutual

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

17 the cost estimate shall, except as otherwise mutually

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

19 be payable after the project has been authorized for

20 construction and on the date on which the Secretary

21 and non-Federal interests enter into an agreement

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

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

25 final report of the Chief of Engineers concerning such
40

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1 study or 2 years of the date of termination of the

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

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

4 of such period.’’; and

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

7 share required under this paragraph’’.

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

12 the Secretary shall amend any feasibility cost-sharing

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

14 so as to conform the agreements with the amendments.

15 (c) LIMITATION ON STATUTORY CONSTRUCTION.—

16 Nothing in this section or any amendment made by this

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

19 study.

20 SEC. 204. RESTORATION OF ENVIRONMENTAL QUALITY.

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

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

23 2309a(a)) is amended—

24 (1) by striking ‘‘the operation of’’; and
41

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

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

3 projects has contributed to the degradation of the

4 quality of the environment’’.

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

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

7 (b).

8 (c) RESTORATION OF ENVIRONMENTAL QUALITY.—

9 Section 1135 of such Act is further amended—

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

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

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

13 new subsections:

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

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

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

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

22 either through modifications at the project site or at other

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

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

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

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

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

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

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

9 single modification or measure carried out or undertaken

10 pursuant to this section.’’; and

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

13 inserting ‘‘programs conducted under subsections (b)

14 and (c)’’.

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

16 amended by adding at the end the following:

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

19 water resources project constructed or funded jointly by the

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

22 SEC. 205. ENVIRONMENTAL DREDGING.

23 Section 312 of the Water Resources Development Act

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

3 appears;

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

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

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

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

9 following:

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

11 give priority to work in the following areas:

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

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

14 ‘‘(3) Ashtabula River, Ohio.

15 ‘‘(4) Mahoning River, Ohio.

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

17 SEC. 206. AQUATIC ECOSYSTEM RESTORATION.

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

21 projects will improve the quality of the environment and

22 are in the public interest and that the environmental and

23 economic benefits, both monetary and nonmonetary, of the

24 project to be undertaken pursuant to this section justify the

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

3 carried out under this section, including provision of all

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

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

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

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

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

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

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

14 Federal funds may be allotted under this section for a

15 project at any single locality.

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

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

18 SEC. 207. BENEFICIAL USES OF DREDGED MATERIAL.

19 Section 204 of the Water Resources Development Act

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

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

22 (f); and

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

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

3 navigation involving the disposal of dredged material, the

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

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

6 if the Secretary determines that the incremental costs of

7 such disposal method are minimal and that the benefits to

8 the aquatic environment to be derived from such disposal

9 method, including the creation of wetlands and control of

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

11 such incremental costs shall be determined in accordance

12 with subsection (c).’’.

13 SEC. 208. RECREATION POLICY AND USER FEES.

14 (a) RECREATION POLICIES.—

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

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

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

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

21 transmit to Congress a report on specific measures

22 taken to implement this subsection.

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

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

2 Subject to advance appropriations, the Secretary of

3 the Army shall ensure that at least an amount equal

4 to the total amount of fees collected at any project

5 under this subsection in a fiscal year beginning after

6 September 30, 1996, are expended in the succeeding

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

9 SEC. 209. RECOVERY OF COSTS.

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

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

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

14 Works program and any other amounts recovered by the

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

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

18 works program shall be credited to the appropriate trust

19 fund account from which the cost of such response action

20 has been paid or will be charged.

21 SEC. 210. COST SHARING OF ENVIRONMENTAL PROJECTS.

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

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

2 (5);

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

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

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

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

11 of the enactment of this Act.

12 SEC. 211. CONSTRUCTION OF FLOOD CONTROL PROJECTS

13 BY NON-FEDERAL INTERESTS.

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

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

17 and State laws in advance of actual construction.

18 (b) STUDIES AND DESIGN ACTIVITIES.—

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

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

23 to subsection (a).

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

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

5 non-Federal interest contracts with the Secretary to

6 furnish the United States funds for the studies and

7 design activities during the period that the studies

8 and design activities will be conducted.

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

11 a flood control project that were initiated before the date

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

13 to complete and transmit to the appropriate non-Federal

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

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

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

21 (d) AUTHORITY TO CARRY OUT IMPROVEMENT.—

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

23 which has received from the Secretary pursuant to

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

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

2 design documents for the project or element, may

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

5 or element.

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

9 obtaining the appropriate permits required under the

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

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

15 (3) MONITORING.—The Secretary shall monitor

16 any project for which a permit is granted under this

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

19 with the terms and conditions of such permit.

20 (e) REIMBURSEMENT.—

21 (1) GENERAL RULE.—Subject to appropriation

22 Acts, the Secretary is authorized to reimburse any

23 non-Federal interest an amount equal to the estimate

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

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

5 element, the Secretary approves the plans for

6 construction of such project by the non-Federal

7 interest; and

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

9 studies and design documents prepared pursuant

10 to this section, that construction of the project or

11 separable element is economically justified and

12 environmentally acceptable.

13 (2) MATTERS TO BE CONSIDERED IN REVIEWING

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

15 Secretary shall consider budgetary and programmatic

16 priorities and other factors that the Secretary deems

17 appropriate.

18 (3) MONITORING.—The Secretary shall regularly

19 monitor and audit any project for flood control ap20 proved for construction under this section by a non21 Federal interest in order to ensure that such construc22 tion is in compliance with the plans approved by the

23 Secretary and that the costs are reasonable.

24 (4) LIMITATION ON REIMBURSEMENTS.—No re25 imbursement shall be made under this section unless
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1 and until the Secretary has certified that the work for

2 which reimbursement is requested has been performed

3 in accordance with applicable permits and approved

4 plans.

5 (f) SPECIFIC PROJECTS.—For the purpose of dem6 onstrating the potential advantages and effectiveness of

7 non-Federal implementation of flood control projects, the

8 Secretary shall enter into agreements pursuant to this sec9 tion with non-Federal interests for development of the fol10 lowing flood control projects by such interests:

11 (1) LOS ANGELES COUNTY DRAINAGE AREA,

12 CALIFORNIA.—The project for flood control, Los Ange13 les County Drainage Area, California, authorized by

14 section 101(b) of the Water Resources Development

15 Act of 1990 (104 Stat. 4611).

16 (2) STOCKTON METROPOLITAN AREA, CALIFOR17 NIA.—The project for flood control, Stockton Metro18 politan Area, California.

19 (3) BRAYS BAYOU, TEXAS.—Flood control compo20 nents comprising the Brays Bayou element of the

21 project for flood control, Buffalo Bayou and Tribu22 taries, Texas, authorized by section 101(a)(21) of the

23 Water Resources Development Act of 1990 (104 Stat.

24 4610); except that the non-Federal interest may de-
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1 sign and construct an alternative to the diversion

2 component of such element.

3 (4) HUNTING BAYOU, TEXAS.—The Hunting

4 Bayou element of the project for flood control, Buffalo

5 Bayou and Tributaries, Texas, authorized by such

6 section; except that the non-Federal interest may de7 sign and construct an alternative to such element.

8 (5) WHITE OAK BAYOU, TEXAS.—The project for

9 flood control, White Oak Bayou watershed, Texas.

10 (g) TREATMENT OF FLOOD DAMAGE PREVENTION

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

12 prevention measures at or in the vicinity of Morgan City

13 and Berwick, Louisiana, shall be treated as an authorized

14 element of the Atchafalaya Basin feature of the project for

15 flood control, Mississippi River and Tributaries.

16 SEC. 212. ENGINEERING AND ENVIRONMENTAL INNOVA17 TIONS OF NATIONAL SIGNIFICANCE.

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

19 innovative and environmentally sound engineering solu20 tions and innovative environmental solutions to problems

21 of national significance, the Secretary may undertake sur22 veys, plans, and studies and prepare reports which may

23 lead to work under existing civil works authorities or to

24 recommendations for authorizations.

25 (b) FUNDING.—
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1 (1) AUTHORIZATION OF APPROPRIATIONS.—

2 There is authorized to be appropriated to carry out

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

4 after September 30, 1996.

5 (2) FUNDING FROM OTHER SOURCES.—The Sec6 retary may accept and expend additional funds from

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

8 for purposes of carrying out this section.

9 SEC. 213. LEASE AUTHORITY.

10 Notwithstanding any other provision of law, the Sec11 retary may lease space available in buildings for which

12 funding for construction or purchase was provided from the

13 revolving fund established by the 1st section of the Civil

14 Functions Appropriations Act, 1954 (33 U.S.C. 576; 67

15 Stat. 199) under such terms and conditions as are accept16 able to the Secretary. The proceeds from such leases shall

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

18 in such Act.

19 SEC. 214. COLLABORATIVE RESEARCH AND DEVELOPMENT.

20 (a) FUNDING FROM OTHER FEDERAL SOURCES.—Sec21 tion 7 of the Water Resources Development Act of 1988 (102

22 Stat. 4022–4023) is amended—

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

24 before ‘‘mission’’; and
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1 (2) by striking subsection (e) and inserting the

2 following:

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

4 The Secretary may accept and expend additional funds

5 from other Federal programs, including other Department

6 of Defense programs, to carry out the purposes of this sec7 tion.’’.

8 (b) PRE-AGREEMENT TEMPORARY PROTECTION OF

9 TECHNOLOGY.—Such section 7 is further amended—

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

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

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

13 new subsection:

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

15 TECHNOLOGY.—

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

17 that information developed as a result of research and

18 development activities conducted by the Corps of En19 gineers is likely to be subject to a cooperative research

20 and development agreement within 2 years of its de21 velopment and that such information would be a

22 trade secret or commercial or financial information

23 that would be privileged or confidential if the infor24 mation had been obtained from a non-Federal party

25 participating in a cooperative research and develop-
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1 ment agreement under section 12 of the Stevenson2 Wydler Technology Innovation Act of 1980, the Sec3 retary may provide appropriate protection against

4 the dissemination of such information, including ex5 emption from subchapter II of chapter 5 of title 5,

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

7 Secretary enters into such an agreement with respect

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

9 beginning on the date of such determination.

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

11 this section which becomes the subject of a cooperative

12 research and development agreement shall be accorded

13 the protection provided under section 12(c)(7)(B) of

14 such Act (15 U.S.C. 3710a(c)(7)(B)) as if such tech15 nology had been developed under a cooperative re16 search and development agreement.’’; and

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

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

19 SEC. 215. DAM SAFETY PROGRAM.

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

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

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

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

24 infrastructure. Dams fail from time to time with cat-
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1 astrophic results; thus, dam safety is a vital public

2 concern.

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

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

5 property, and economic and social disruption.

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

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

8 future dam failures, the loss, destruction, and disrup9 tion can be substantially reduced through the develop10 ment and implementation of dam safety hazard re11 duction measures, including—

12 (A) improved design and construction

13 standards and practices supported by a national

14 dam performance resource bank;

15 (B) safe operations and maintenance proce16 dures;

17 (C) early warning systems;

18 (D) coordinated emergency preparedness

19 plans; and

20 (E) public awareness and involvement pro21 grams.

22 (4) Dam safety problems persist nationwide. The

23 diversity in Federal and State dam safety programs

24 calls for national leadership in a cooperative effort

25 involving Federal and State governments and the pri-
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1 vate sector. An expertly staffed and adequately fi2 nanced dam safety hazard reduction program, based

3 on Federal, State, local, and private research, plan4 ning, decisionmaking, and contributions, would re5 duce the risk of such loss, destruction, and disruption

6 from dam failure by an amount far greater than the

7 cost of such program.

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

9 dam safety program and the need will continue. An

10 effective national program in dam safety hazards re11 duction will require input from and review by Fed12 eral and non-Federal experts in dams design, con13 struction, operation, and maintenance and in the

14 practical application of dam failure hazards reduc15 tion measures. At the present time, there is no na16 tional dam safety program.

17 (6) The coordinating authority for national lead18 ership is provided through the Federal Emergency

19 Management Agency’s (hereinafter in this section re20 ferred to as ‘‘FEMA’’) dam safety program through

21 Executive Order 12148 in coordination with appro22 priate Federal agencies and the States.

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

24 continue as a proper Federal undertaking and shall

25 provide the foundation for a National Dam Safety
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1 Program, statutory authority to meet increasing

2 needs and to discharge Federal responsibilities in na3 tional dam safety is needed.

4 (8) Statutory authority will strengthen FEMA’s

5 leadership role, will codify the national dam safety

6 program, and will authorize the Director of FEMA

7 (hereinafter in this section referred to as the ‘‘Direc8 tor’’) to communicate directly with Congress on au9 thorizations and appropriations and to build upon

10 the hazard reduction aspects of national dam safety.

11 (c) PURPOSE.—It is the purpose of this section to re12 duce the risks to life and property from dam failure in the

13 United States through the establishment and maintenance

14 of an effective national dam safety program which will

15 bring together the Federal and non-Federal communities’

16 expertise and resources to achieve national dam safety haz17 ard reduction. It is not the intent of this section to preempt

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

19 this section to mandate State participation in the grant

20 assistance program to be established under this section.

21 (d) DEFINITIONS.—In this section, the following defi22 nitions apply:

23 (1) FEDERAL AGENCY.—The term ‘‘Federal agen24 cy’’ means any Federal agency that designs, finances,
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1 constructs, owns, operates, maintains, or regulates the

2 construction, operation, or maintenance of any dam.

3 (2) NON-FEDERAL AGENCY.—The term ‘‘non-Fed4 eral agency’’ means any State agency that has regu5 latory authority over the safety of non-Federal dams.

6 (3) FEDERAL GUIDELINES FOR DAM SAFETY.—

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

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

9 which defines management practices for dam safety at

10 all Federal agencies.

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

12 national dam safety program established under sub13 section (e).

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

15 barrier with the ability to impound water,

16 wastewater, or liquid-borne materials for the purpose

17 of storage or control of water which is—

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

19 natural bed of the stream or watercourse meas20 ured at the downstream toe of the barrier, or (ii)

21 from the lowest elevation of the outside limit of

22 the barrier if the barrier is not across a stream

23 channel or watercourse, to the maximum water

24 storage elevation; or
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1 (B) has an impounding capacity for maxi2 mum storage elevation of 50 acre-feet or more.

3 Such term does not include any such barrier which

4 is not greater than 6 feet in height regardless of stor5 age capacity or which has a storage capacity at max6 imum water storage elevation not greater than 15

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

8 to its location or other physical characteristics, is

9 likely to pose a significant threat to human life or

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

11 not include a levee.

12 (6) HAZARD REDUCTION.—The term ‘‘hazard re13 duction’’ means those efforts utilized to reduce the po14 tential consequences of dam failure to life and prop15 erty.

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

17 50 States of the United States, the District of Colum18 bia, the Commonwealth of Puerto Rico, the Virgin Is19 lands, Guam, American Samoa, the Commonwealth of

20 the Northern Mariana Islands, and any other terri21 tory or possession of the United States.

22 (8) PARTICIPATING STATE.—The term ‘‘partici23 pating State’’ means any State that elects to partici24 pate in the grant assistance program established

25 under this Act.
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1 (9) UNITED STATES.—The term ‘‘United States’’

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

3 States.

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

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

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

7 1987) and its amendments, developed by State dam

8 safety officials, which acts as a guideline to State

9 dam safety agencies for establishing a dam safety reg10 ulatory program or improving an already-established

11 program.

12 (e) NATIONAL DAM SAFETY PROGRAM.—

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

14 with appropriate Federal agencies, State dam safety

15 agencies, and the National Dam Safety Review Board

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

17 maintain, in accordance with the provisions and

18 policies of this Act, a coordinated national dam safety

19 program. This program shall—

20 (A) be administered by FEMA to achieve

21 the objectives set forth in paragraph (3);

22 (B) involve, where appropriate, the Depart23 ments of Agriculture, Defense, Energy, Interior,

24 and Labor, the Federal Energy Regulatory Com25 mission, the Nuclear Regulatory Commission, the
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1 International Boundaries Commission (United

2 States section), the Tennessee Valley Authority,

3 and FEMA; and

4 (C) include each of the components de5 scribed in paragraph (4), the implementation

6 plan described in paragraph (5), and the assist7 ance for State dam safety programs to be pro8 vided under this section.

9 (2) DUTIES.—The Director—

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

11 enactment of this Act, shall develop the imple12 mentation plan described in paragraph (5);

13 (B) within 300 days after such date of en14 actment, shall submit to the appropriate author15 izing committees of Congress the implementation

16 plan described in paragraph (5); and

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

18 of enactment—

19 (i) shall develop and implement the

20 national dam safety program under this

21 section;

22 (ii) shall establish goals, priorities, and

23 target dates for implementation of the pro24 gram; and
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1 (iii) shall provide a method for co2 operation and coordination with, and as3 sistance to (as feasible), interested govern4 mental entities in all States.

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

6 dam safety program are as follows:

7 (A) To ensure that new and existing dams

8 are safe through the development of techno9 logically and economically feasible programs and

10 procedures for national dam safety hazard reduc11 tion.

12 (B) To encourage acceptable engineering

13 policies and procedures used for dam site inves14 tigation, design, construction, operation and

15 maintenance, and emergency preparedness.

16 (C) To encourage establishment and imple17 mentation of effective dam safety programs in

18 each participating State based on State stand19 ards.

20 (D) To develop and encourage public aware21 ness projects to increase public acceptance and

22 support of State dam safety programs.

23 (E) To develop technical assistance mate24 rials for Federal and non-Federal dam safety

25 programs.
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1 (F) To develop mechanisms with which to

2 provide Federal technical assistance for dam

3 safety to the non-Federal sector.

4 (4) COMPONENTS.—

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

6 program shall consist of a Federal element and

7 a non-Federal element and 3 functional activi8 ties: leadership, technical assistance, and public

9 awareness.

10 (B) ELEMENTS.—

11 (i) FEDERAL ELEMENT.—The Federal

12 element of the program incorporates all the

13 activities and practices undertaken by Fed14 eral agencies to implement the Federal

15 Guidelines for Dam Safety.

16 (ii) NON-FEDERAL ELEMENT.—The

17 non-Federal element of the program involves

18 the activities and practices undertaken by

19 participating States, local governments, and

20 the private sector to safely build, regulate,

21 operate, and maintain dams and Federal

22 activities which foster State efforts to de23 velop and implement effective programs for

24 the safety of dams.

25 (C) ACTIVITIES.—
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1 (i) LEADERSHIP ACTIVITY.—The lead2 ership activity of the program shall be the

3 responsibility of FEMA. FEMA shall co4 ordinate Federal efforts in cooperation with

5 appropriate Federal agencies and State

6 dam safety agencies.

7 (ii) TECHNICAL ASSISTANCE ACTIV8 ITY.—The technical assistance activity of

9 the program involves the transfer of knowl10 edge and technical information among the

11 Federal and non-Federal elements.

12 (iii) PUBLIC AWARENESS ACTIVITY.—

13 The public awareness activity provides for

14 the education of the public, including State

15 and local officials, to the hazards of dam

16 failure and ways to reduce the adverse con17 sequences of dam failure and related mat18 ters.

19 (5) GRANT ASSISTANCE PROGRAM.—The Director

20 shall develop an implementation plan which shall

21 demonstrate dam safety improvements through fiscal

22 year 2001 and shall recommend appropriate roles for

23 Federal agencies and for State and local units of gov24 ernment, individuals, and private organizations. The
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1 implementation plan shall provide, at a minimum,

2 for the following:

3 (A) ASSISTANCE PROGRAM.—In order to en4 courage the establishment and maintenance of ef5 fective programs intended to ensure dam safety

6 to protect human life and property and to im7 prove such existing programs, the Director shall

8 provide, from amounts made available under

9 subsection (g) of this section, assistance to par10 ticipating States to establish and maintain dam

11 safety programs, first, according to the basic pro12 visions for a dam safety program listed below

13 and, second, according to more advanced require14 ments and standards authorized by the review

15 board under subparagraph (C) and the Director

16 with the assistance of established criteria such as

17 the Model State Dam Safety Program. Partici18 pating State dam safety programs must be work19 ing toward meeting the following primary cri20 teria to be eligible for primary assistance or

21 must meet the following primary criteria prior

22 to working toward advanced assistance:

23 (i) STATE LEGISLATION.—A dam safe24 ty program must be authorized by State leg-
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1 islation to include, at a minimum, the fol2 lowing:

3 (I) PLAN REVIEW AND AP4 PROVAL.—Authority to review and ap5 prove plans and specifications to con6 struct, enlarge, modify, remove, or

7 abandon dams.

8 (II) PERIODIC INSPECTIONS DUR9 ING CONSTRUCTION.—Authority to per10 form periodic inspections during con11 struction for the purpose of ensuring

12 compliance with approved plans and

13 specifications.

14 (III) STATE APPROVAL.—Upon

15 completion of construction, a require16 ment that, before operation of the

17 structure, State approval is received.

18 (IV) SAFETY INSPECTIONS.—Au19 thority to require or perform the in20 spection of all dams and reservoirs

21 that pose a significant threat to human

22 life and property in the event of failure

23 at least every 5 years to determine

24 their continued safety and a procedure
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1 for more detailed and frequent safety

2 inspections.

3 (V) PROFESSIONAL ENGINEER.—A

4 requirement that all inspections be per5 formed under the supervision of a reg6 istered professional engineer with relat7 ed experience in dam design and con8 struction.

9 (VI) ORDERS.—Authority to issue

10 orders, when appropriate, to require

11 owners of dams to perform necessary

12 maintenance or remedial work, revise

13 operating procedures, or take other ac14 tions, including breaching dams when

15 deemed necessary.

16 (VII) REGULATIONS.—Rules and

17 regulations for carrying out the provi18 sions of the State’s legislative author19 ity.

20 (VIII) EMERGENCY FUNDS.—Nec21 essary emergency funds to assure time22 ly repairs or other changes to, or re23 moval of, a dam in order to protect

24 human life and property and, if the

25 owner does not take action, to take ap-
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1 propriate action as expeditiously as

2 possible.

3 (IX) EMERGENCY PROCEDURES.—

4 A system of emergency procedures that

5 would be utilized in the event a dam

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

7 imminent, together with an identifica8 tion of those dams where failure could

9 be reasonably expected to endanger

10 human life and of the maximum area

11 that could be inundated in the event of

12 a failure of the dam, as well as identi13 fication of those necessary public facili14 ties that would be affected by such in15 undation.

16 (ii) STATE APPROPRIATIONS.—State

17 appropriations must be budgeted to carry

18 out the provisions of the State legislation.

19 (B) WORK PLAN CONTRACTS.—The Director

20 shall enter into contracts with each participating

21 State to determine a work plan necessary for a

22 particular State dam safety program to reach a

23 level of program performance previously agreed

24 upon in the contract. Federal assistance under
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1 this section shall be provided to aid the State

2 dam safety program in achieving its goal.

3 (C) NATIONAL DAM SAFETY REVIEW

4 BOARD.—

5 (i) IN GENERAL.—There is authorized

6 to be established a National Dam Safety

7 Review Board (hereinafter in this section

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

9 responsible for monitoring participating

10 State implementation of the requirements of

11 the assistance program. The Board is au12 thorized to utilize the expertise of other

13 agencies of the United States and to enter

14 into contracts for necessary studies to carry

15 out the requirements of this section. The

16 Board shall consist of 11 members selected

17 for their expertise in dam safety as follows:

18 (I) 5 to represent FEMA, the Fed19 eral Energy Regulatory Commission,

20 and the Departments of Agriculture,

21 Defense, and Interior.

22 (II) 5 members selected by the Di23 rector who are dam safety officials of

24 States.
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1 (III) 1 member selected by the Di2 rector to represent the United States

3 Committee on Large Dams.

4 (ii) NO COMPENSATION OF MEM5 BERS.—Each member of the Board who is

6 an officer or employee of the United States

7 shall serve without compensation in addi8 tion to compensation received for the serv9 ices of the member as an officer or employee

10 of the United States. Each member of the

11 Board who is not an officer or employee of

12 the United States shall serve without com13 pensation.

14 (iii) TRAVEL EXPENSES.—Each mem15 ber of the Board shall be allowed travel ex16 penses, including per diem in lieu of sub17 sistence, at rates authorized for an employee

18 of an agency under subchapter I of chapter

19 57 of title 5, United States Code, while

20 away from home or regular place of busi21 ness of the member in the performance of

22 services for the Board.

23 (iv) NONAPPLICABILITY OF FEDERAL

24 ADVISORY COMMITTEE ACT.—The Federal
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1 Advisory Committee Act (5 U.S.C. App.)

2 shall not apply to the Board.

3 (D) MAINTENANCE OF EFFORT.—No grant

4 may be made to a participating State under this

5 subsection in any fiscal year unless the State en6 ters into such agreement with the Director as the

7 Director may require to ensure that the partici8 pating State will maintain its aggregate expend9 itures from all other sources for programs to as10 sure dam safety for the protection of human life

11 and property at or above the average level of

12 such expenditures in its 2 fiscal years preceding

13 the date of the enactment of this Act.

14 (E) PROCEDURE FOR APPROVAL OF STATE

15 PARTICIPATION.—Any program which is submit16 ted to the Director for participation in the as17 sistance program under this subsection shall be

18 deemed approved 120 days following its receipt

19 by the Director unless the Director determines

20 within such 120-day period that the submitted

21 program fails to reasonably meet the require22 ments of subparagraphs (A) and (B). If the Di23 rector determines the submitted program cannot

24 be approved for participation, the Director shall

25 immediately notify the State in writing, together
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1 with his or her reasons and those changes needed

2 to enable the submitted program to be approved.

3 (F) REVIEW OF STATE PROGRAMS.—Utiliz4 ing the expertise of the Board, the Director shall

5 periodically review the approved State dam safe6 ty programs. In the event the Board finds that

7 a program of a participating State has proven

8 inadequate to reasonably protect human life and

9 property and the Director agrees, the Director

10 shall revoke approval of the State’s participation

11 in the assistance program and withhold assist12 ance under this section, until the State program

13 has been reapproved.

14 (G) COOPERATION OF FEDERAL AGEN15 CIES.—The head of any Federal agency, when

16 requested by any State dam safety agency, shall

17 provide information on the construction, oper18 ation, or maintenance of any dam or allow offi19 cials of the State agency to participate in any

20 Federal inspection of any dam.

21 (H) DAM INSURANCE REPORT.—Within 180

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

23 the Director shall report to the Congress on the

24 availability of dam insurance and make rec25 ommendations.
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1 (f) BIENNIAL REPORT.—Within 90 days after the last

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

3 submit a biennial report to Congress describing the status

4 of the program being implemented under this section and

5 describing the progress achieved by the Federal agencies

6 during the 2 previous years in implementing the Federal

7 Guidelines for Dam Safety. Each such report shall include

8 any recommendations for legislative and other action

9 deemed necessary and appropriate. The report shall also in10 clude a summary of the progress being made in improving

11 dam safety by participating States.

12 (g) AUTHORIZING OF APPROPRIATIONS.—

13 (1) GENERAL PROGRAM.—

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

15 appropriated to the Director to carry out the

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

17 to any authorizations for similar purposes in18 cluded in other Acts and the authorizations set

19 forth in paragraphs (2) through (5) of this sub20 section)—

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

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

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

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

25 and
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1 (v) $4,000,000 for fiscal year 2001.

2 (B) APPORTIONMENT FORMULA.—

3 (i) IN GENERAL.—Subject to clause

4 (ii), sums appropriated under this para5 graph shall be distributed annually among

6 participating States on the following basis:

7 One-third among those States determined in

8 subsection (e) as qualifying for funding,

9 and two-thirds in proportion to the number

10 of dams and appearing as State-regulated

11 dams on the National Dam Inventory in

12 each participating State that has been de13 termined in subsection (e)(5)(A) as qualify14 ing for funding, to the number of dams in

15 all participating States.

16 (ii) LIMITATION TO 50 PERCENT OF

17 COST.—In no event shall funds distributed

18 to any State under this paragraph exceed

19 50 percent of the reasonable cost of imple20 menting an approved dam safety program

21 in such State.

22 (iii) ALLOCATION BETWEEN PRIMARY

23 AND ADVANCED ASSISTANCE PROGRAMS.—

24 The Director and Review Board shall deter25 mine how much of funds appropriated
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1 under this paragraph is allotted to partici2 pating States needing primary funding and

3 those needing advanced funding.

4 (2) TRAINING.—

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

6 the request of any State that has or intends to

7 develop a dam safety program under subsection

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

9 staff and inspectors.

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

11 appropriated to carry out this paragraph

12 $500,000 for each of fiscal years 1997 through

13 2001.

14 (3) RESEARCH.—

15 (A) IN GENERAL.—The Director shall un16 dertake a program of technical and archival re17 search in order to develop improved techniques,

18 historical experience, and equipment for rapid

19 and effective dam construction, rehabilitation,

20 and inspection, together with devices for the con21 tinued monitoring, of dams for safety purposes.

22 (B) STATE PARTICIPATION; REPORTS.—The

23 Director shall provide for State participation in

24 the research under this paragraph and periodi-
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1 cally advise all States and Congress of the results

2 of such research.

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

4 appropriated to carry out this paragraph

5 $1,000,000 for each of fiscal years 1997 through

6 2001.

7 (4) DAM INVENTORY.—

8 (A) MAINTENANCE AND PUBLICATION.—The

9 Secretary is authorized to maintain and periodi10 cally publish updated information on the inven11 tory of dams.

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

13 appropriated to carry out this paragraph

14 $500,000 for each of fiscal years 1997 through

15 2001.

16 (5) PERSONNEL.—

17 (A) EMPLOYMENT.—The Director is author18 ized to employ additional staff personnel in

19 numbers sufficient to carry out the provisions of

20 this section.

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

22 appropriated to carry out this paragraph

23 $400,000 for each of fiscal years 1997 through

24 2001.
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1 (6) LIMITATION.—No funds authorized by this

2 section shall be used to construct or repair any Fed3 eral or non-Federal dams.

4 (h) CONFORMING AMENDMENTS.—The Act entitled

5 ‘‘An Act to authorize the Secretary of the Army to under6 take a national program of inspection of dams’’, approved

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

8 is amended—

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

10 artificial barrier’’ and all that follows through the pe11 riod at the end and inserting ‘‘has the meaning such

12 term has under subsection (d) of the National Dam

13 Safety Program Act of 1996.’’;

14 (2) by striking the 2d sentence of section 3;

15 (3) by striking section 5 and sections 7 through

16 14; and

17 (4) by redesignating section 6 as section 5.

18 SEC. 216. MAINTENANCE, REHABILITATION, AND MOD19 ERNIZATION OF FACILITIES.

20 In accomplishing the maintenance, rehabilitation, and

21 modernization of hydroelectric power generating facilities

22 at water resources projects under the jurisdiction of the De23 partment of the Army, the Secretary is authorized to in24 crease the efficiency of energy production and the capacity

25 of these facilities if, after consulting with other appropriate
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1 Federal and State agencies, the Secretary determines that

2 such uprating—

3 (1) is economically justified and financially fea4 sible;

5 (2) will not result in significant adverse effects

6 on the other purposes for which the project is author7 ized;

8 (3) will not result in significant adverse environ9 mental impacts; and

10 (4) will not involve major structural or oper11 ation changes in the project.

12 SEC. 217. LONG-TERM SEDIMENT MANAGEMENT STRATE13 GIES.

14 (a) DEVELOPMENT.—The Secretary shall enter into co15 operative agreements with non-Federal sponsors of naviga16 tion projects for development of long-term management

17 strategies for controlling sediments in such projects.

18 (b) CONTENTS OF STRATEGIES.—Each strategy devel19 oped under this section for a navigation project—

20 (1) shall include assessments of the following

21 with respect to the project: sediment rates and com22 position, sediment reduction options, dredging prac23 tices, long-term management of any dredged material

24 disposal facilities, remediation of such facilities, and

25 alternative disposal and reuse options;
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1 (2) shall include a timetable for implementation

2 of the strategy; and

3 (3) shall incorporate, as much as possible, rel4 evant ongoing planning efforts, including remedial

5 action planning, dredged material management plan6 ning, harbor and waterfront development planning,

7 and watershed management planning.

8 (c) CONSULTATION.—In developing strategies under

9 this section, the Secretary shall consult with interested Fed10 eral agencies, States, and Indian tribes and provide an op11 portunity for public comment.

12 SEC. 218. DREDGED MATERIAL DISPOSAL FACILITY PART13 NERSHIPS.

14 (a) ADDITIONAL CAPACITY.—

15 (1) PROVIDED BY SECRETARY.—At the request of

16 a non-Federal project sponsor, the Secretary may pro17 vide additional capacity at a dredged material dis18 posal facility constructed by the Department of the

19 Army beyond that which would be required for project

20 purposes if the non-Federal project sponsor agrees to

21 pay, during the period of construction, all costs asso22 ciated with the construction of the additional capac23 ity.

24 (2) COST RECOVERY AUTHORITY.—The non-Fed25 eral project sponsor may recover the costs assigned to
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1 the additional capacity through fees assessed on 3rd

2 parties whose dredged material is deposited in the fa3 cility and who enter into agreements with the non4 Federal sponsor for the use of such facility. The

5 amount of such fees may be determined by the non6 Federal sponsor.

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

8 (1) IN GENERAL.—The Secretary—

9 (A) may permit the use of any dredged ma10 terial disposal facility under the jurisdiction of,

11 or managed by, the Secretary by a non-Federal

12 interest if the Secretary determines that such use

13 will not reduce the availability of the facility for

14 project purposes; and

15 (B) may impose fees to recover capital, op16 eration, and maintenance costs associated with

17 such use.

18 (2) USE OF FEES.—Notwithstanding section

19 401(c) of the Federal Water Pollution Control Act but

20 subject to advance appropriations, any monies re21 ceived through collection of fees under this subsection

22 shall be available to the Secretary, and shall be used

23 by the Secretary, for the operation and maintenance

24 of the disposal facility from which they were collected.
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1 SEC. 219. OBSTRUCTION REMOVAL REQUIREMENT.

2 (a) PENALTY.—Section 16 of the Act of March 3, 1899

3 (33 U.S.C. 411; 30 Stat. 1153), is amended—

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

5 each place it appears and inserting ‘‘13, 14, 15, 19,

6 and 20’’; and

7 (2) by striking ‘‘not exceeding twenty-five hun8 dred dollars nor less than five hundred dollars’’ and

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

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

11 March 3, 1899 (33 U.S.C. 415; 30 Stat. 1154), is amend12 ed—

13 (1) by striking ‘‘expense’’ the first place it ap14 pears in subsection (a) and inserting ‘‘actual expense,

15 including administrative expenses,’’;

16 (2) in subsection (b) by striking ‘‘cost’’ and in17 serting ‘‘actual cost, including administrative costs,’’;

18 (3) by redesignating subsection (b) as subsection

19 (c); and

20 (4) by inserting after subsection (a) the following

21 new subsection:

22 ‘‘(b) REMOVAL REQUIREMENT.—Within 24 hours after

23 the Secretary of the Department in which the Coast Guard

24 is operating issues an order to stop or delay navigation in

25 any navigable waters of the United States because of condi26 tions related to the sinking or grounding of a vessel, the
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1 owner or operator of the vessel, with the approval of the

2 Secretary of the Army, shall begin removal of the vessel

3 using the most expeditious removal method available or, if

4 appropriate, secure the vessel pending removal to allow

5 navigation to resume. If the owner or operator fails to begin

6 removal or to secure the vessel pending removal or fails to

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

8 Army shall remove or destroy the vessel using the summary

9 removal procedures under subsection (a) of this section.’’.

10 SEC. 220. SMALL PROJECT AUTHORIZATIONS.

11 Section 14 of the Flood Control Act of 1946 (33 U.S.C.

12 701r) is amended—

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

14 ‘‘$15,000,000’’; and

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

16 ‘‘$1,500,000’’.

17 SEC. 221. UNECONOMICAL COST-SHARING REQUIREMENTS.

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

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

20 end of the first sentence and inserting the following: ‘‘; ex21 cept that no such agreement shall be required if the Sec22 retary determines that the administrative costs associated

23 with negotiating, executing, or administering the agreement

24 would exceed the amount of the contribution required from

25 the non-Federal interest and are less than $25,000.’’.
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1 SEC. 222. PLANNING ASSISTANCE TO STATES.

2 Section 22 of the Water Resources Development Act of

3 1974 (42 U.S.C. 1962d–16) is amended—

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

5 or ecosystems’’ after ‘‘basins’’;

6 (2) in subsection (b)—

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

8 (B) by redesignating paragraphs (3) and

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

10 (3) in subsection (c)—

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

12 ‘‘$10,000,000’’; and

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

14 ‘‘$500,000’’.

15 SEC. 223. CORPS OF ENGINEERS EXPENSES.

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

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

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

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

20 through ‘‘for this purpose’’.

21 SEC. 224. STATE AND FEDERAL AGENCY REVIEW PERIOD.

22 The 1st section of the Act entitled ‘‘An Act authorizing

23 the construction of certain public works on rivers and har24 bors for flood control, and other purposes’’, approved De25 cember 22, 1944 (33 U.S.C. 701–1(a); 58 Stat. 888), is

26 amended—
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1 (1) by striking ‘‘Within ninety’’ and inserting

2 ‘‘Within 30’’; and

3 (2) by striking ‘‘ninety-day period.’’ and insert4 ing ‘‘30-day period.’’.

5 SEC. 225. LIMITATION ON REIMBURSEMENT OF NON-FED6 ERAL COSTS PER PROJECT.

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

8 U.S.C. 1962d–5a(a)) is amended—

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

10 ‘‘$5,000,000’’; and

11 (2) by striking the final period.

12 SEC. 226. AQUATIC PLANT CONTROL.

13 (a) ADDITIONAL CONTROLLED PLANTS.—Section

14 104(a) of the River and Harbor Act of 1958 (33 U.S.C.

15 610(a)) is amended by inserting after ‘‘alligatorweed,’’ the

16 following: ‘‘melaleuca,’’.

17 (b) AUTHORIZATION.—Section 104(b) of such Act (33

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

19 inserting ‘‘$15,000,000’’.

20 SEC. 227. SEDIMENTS DECONTAMINATION TECHNOLOGY.

21 (a) PROJECT PURPOSE.—Section 405(a) of the Water

22 Resources Development Act of 1992 (33 U.S.C. 2239 note;

23 106 Stat. 4863) is amended by adding at the end the follow24 ing:
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1 ‘‘(3) PROJECT PURPOSE.—The purpose of the

2 project to be carried out under this section is to pro3 vide for the development of 1 or more sediment decon4 tamination technologies on a pilot scale demonstrat5 ing a capacity of at least 500,000 cubic yards per

6 year.’’.

7 (b) AUTHORIZATION OF APPROPRIATIONS.—The first

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

9 as follows: ‘‘There is authorized to be appropriated to carry

10 out this section $10,000,000 for fiscal years beginning after

11 September 30, 1996.’’.

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

13 adding at the end the following:

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

15 and periodically thereafter, the Administrator and the Sec16 retary shall transmit to Congress a report on the results

17 of the project to be carried out under this section, including

18 an assessment of the progress made in achieving the intent

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

20 SEC. 228. SHORE PROTECTION.

21 (a) DECLARATION OF POLICY.—Subsection (a) of the

22 first section of the Act entitled ‘‘An Act authorizing Federal

23 participation in the cost of protecting the shores of publicly

24 owned property’’, approved August 13, 1946 (33 U.S.C.

25 426e; 60 Stat. 1056), is amended—
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1 (1) by striking ‘‘damage to the shores’’ and in2 serting ‘‘damage to the shores and beaches’’; and

3 (2) by striking ‘‘the following provisions’’ and all

4 that follows through the period at the end of sub5 section (a) and inserting the following: ‘‘this Act, to

6 promote shore protection projects and related research

7 that encourage the protection, restoration, and en8 hancement of sandy beaches, including beach restora9 tion and periodic beach nourishment, on a com10 prehensive and coordinated basis by the Federal Gov11 ernment, States, localities, and private enterprises. In

12 carrying out this policy, preference shall be given to

13 areas in which there has been a Federal investment

14 of funds and areas with respect to which the need for

15 prevention or mitigation of damage to shores and

16 beaches is attributable to Federal navigation projects

17 or other Federal activities.’’.

18 (b) NONPUBLIC SHORES.—Subsection (d) of such sec19 tion is amended by striking ‘‘or from the protection of near20 by public property or’’ and inserting ‘‘, if there are suffi21 cient benefits, including benefits to local and regional eco22 nomic development and to the local and regional ecology

23 (as determined under subsection (e)(2)(B)), or’’; and

24 (c) AUTHORIZATION OF PROJECTS.—Subsection (e) of

25 such section is amended—
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1 (1) by striking ‘‘(e) No’’ and inserting the follow2 ing:

3 ‘‘(e) AUTHORIZATION OF PROJECTS.—

4 ‘‘(1) IN GENERAL.—No’’;

5 (2) by moving the remainder of the text of para6 graph (1) (as designated by paragraph (1) of this

7 subsection) 2 ems to the right; and

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

9 ‘‘(2) STUDIES.—

10 ‘‘(A) IN GENERAL.—The Secretary shall—

11 ‘‘(i) recommend to Congress studies

12 concerning shore protection projects that

13 meet the criteria established under this Act

14 (including subparagraph (B)(iii)) and other

15 applicable law;

16 ‘‘(ii) conduct such studies as Congress

17 requires under applicable laws; and

18 ‘‘(iii) report the results of the studies to

19 the appropriate committees of Congress.

20 ‘‘(B) RECOMMENDATIONS FOR SHORE PRO21 TECTION PROJECTS.—

22 ‘‘(i) IN GENERAL.—The Secretary shall

23 recommend to Congress the authorization or

24 reauthorization of shore protection projects
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1 based on the studies conducted under sub2 paragraph (A).

3 ‘‘(ii) CONSIDERATIONS.—In making

4 recommendations, the Secretary shall con5 sider the economic and ecological benefits of

6 a shore protection project and the ability of

7 the non-Federal interest to participate in

8 the project.

9 ‘‘(iii) CONSIDERATION OF LOCAL AND

10 REGIONAL BENEFITS.—In analyzing the

11 economic and ecological benefits of a shore

12 protection project, or a flood control or

13 other water resource project the purpose of

14 which includes shore protection, the Sec15 retary shall consider benefits to local and

16 regional economic development, and to the

17 local and regional ecology, in calculating

18 the full economic and ecological justifica19 tions for the project.

20 ‘‘(C) COORDINATION OF PROJECTS.—In con21 ducting studies and making recommendations for

22 a shore protection project under this paragraph,

23 the Secretary shall—

24 ‘‘(i) determine whether there is any

25 other project being carried out by the Sec-
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1 retary or the head of another Federal agen2 cy that may be complementary to the shore

3 protection project; and

4 ‘‘(ii) if there is such a complementary

5 project, describe the efforts that will be

6 made to coordinate the projects.

7 ‘‘(3) SHORE PROTECTION PROJECTS.—

8 ‘‘(A) IN GENERAL.—The Secretary shall

9 construct, or cause to be constructed, any shore

10 protection project authorized by Congress, or sep11 arable element of such a project, for which funds

12 have been appropriated by Congress.

13 ‘‘(B) AGREEMENTS.—

14 ‘‘(i) REQUIREMENT.—After authoriza15 tion by Congress, and before commencement

16 of construction, of a shore protection project

17 or separable element, the Secretary shall

18 enter into a written agreement with a non19 Federal interest with respect to the project

20 or separable element.

21 ‘‘(ii) TERMS.—The agreement shall—

22 ‘‘(I) specify the life of the project;

23 and

24 ‘‘(II) ensure that the Federal Gov25 ernment and the non-Federal interest
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1 will cooperate in carrying out the

2 project or separable element.

3 ‘‘(C) COORDINATION OF PROJECTS.—In con4 structing a shore protection project or separable

5 element under this paragraph, the Secretary

6 shall, to the extent practicable, coordinate the

7 project or element with any complementary

8 project identified under paragraph (2)(C).

9 ‘‘(4) REPORT TO CONGRESS.—The Secretary

10 shall report biennially to the appropriate committees

11 of Congress on the status of all ongoing shore protec12 tion studies and shore protection projects carried out

13 under the jurisdiction of the Secretary.’’.

14 (d) REQUIREMENT OF AGREEMENTS PRIOR TO REIM15 BURSEMENTS.—

16 (1) SMALL SHORE PROTECTION PROJECTS.—Sec17 tion 2 of the Act entitled ‘‘An Act authorizing Federal

18 participation in the cost of protecting the shores of

19 publicly owned property’’, approved August 13, 1946

20 (33 U.S.C. 426f; 60 Stat. 1056), is amended—

21 (A) by striking ‘‘SEC. 2. The Secretary of

22 the Army’’ and inserting the following:

23 ‘‘SEC. 2. REIMBURSEMENTS.

24 ‘‘(a) IN GENERAL.—The Secretary’’;

25 (B) in subsection (a) (as so designated)—
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1 (i) by striking ‘‘local interests’’ and in2 serting ‘‘non-Federal interests’’;

3 (ii) by inserting ‘‘or separable element

4 of the project’’ after ‘‘project’’; and

5 (iii) by inserting ‘‘or separable ele6 ments’’ after ‘‘projects’’ each place it ap7 pears; and

8 (C) by adding at the end the following:

9 ‘‘(b) AGREEMENTS.—

10 ‘‘(1) REQUIREMENT.—After authorization of re11 imbursement by the Secretary under this section, and

12 before commencement of construction, of a shore pro13 tection project, the Secretary shall enter into a writ14 ten agreement with the non-Federal interest with re15 spect to the project or separable element.

16 ‘‘(2) TERMS.—The agreement shall—

17 ‘‘(A) specify the life of the project; and

18 ‘‘(B) ensure that the Federal Government

19 and the non-Federal interest will cooperate in

20 carrying out the project or separable element.’’.

21 (2) OTHER SHORELINE PROTECTION

22 PROJECTS.—Section 206(e)(1)(A) of the Water Re23 sources Development Act of 1992 (33 U.S.C. 426i–

24 1(e)(1)(A); 106 Stat. 4829) is amended by inserting

25 before the semicolon the following: ‘‘and enters into a
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1 written agreement with the non-Federal interest with

2 respect to the project or separable element (including

3 the terms of cooperation)’’.

4 (e) STATE AND REGIONAL PLANS.—The Act entitled

5 ‘‘An Act authorizing Federal participation in the cost of

6 protecting the shores of publicly owned property’’, approved

7 August 13, 1946, is further amended—

8 (1) by redesignating section 4 (33 U.S.C. 426h)

9 as section 5; and

10 (2) by inserting after section 3 (33 U.S.C. 426g)

11 the following:

12 ‘‘SEC. 4. STATE AND REGIONAL PLANS.

13 ‘‘The Secretary may—

14 ‘‘(1) cooperate with any State in the preparation

15 of a comprehensive State or regional plan for the con16 servation of coastal resources located within the

17 boundaries of the State;

18 ‘‘(2) encourage State participation in the imple19 mentation of the plan; and

20 ‘‘(3) submit to Congress reports and rec21 ommendations with respect to appropriate Federal

22 participation in carrying out the plan.’’.

23 (f) DEFINITIONS.—

24 (1) IN GENERAL.—Section 5 of the Act entitled

25 ‘‘An Act authorizing Federal participation in the cost
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1 of protecting the shores of publicly owned property’’,

2 approved August 13, 1946 (33 U.S.C. 426h), (as re3 designated by subsection (e)(1)) is amended to read as

4 follows:

5 ‘‘SEC. 5. DEFINITIONS.

6 ‘‘In this Act, the following definitions apply:

7 ‘‘(1) SECRETARY.—The term ‘Secretary’ means

8 the Secretary of the Army, acting through the Chief

9 of Engineers.

10 ‘‘(2) SEPARABLE ELEMENT.—The term ‘sepa11 rable element’ has the meaning provided by section

12 103(f) of the Water Resources Development Act of

13 1986 (33 U.S.C. 2213(f)).

14 ‘‘(3) SHORE.—The term ‘shore’ includes each

15 shoreline of the Atlantic and Pacific Oceans, the Gulf

16 of Mexico, the Great Lakes, and lakes, estuaries, and

17 bays directly connected therewith.

18 ‘‘(4) SHORE PROTECTION PROJECT.—The term

19 ‘shore protection project’ includes a project for beach

20 nourishment, including the replacement of sand.’’.

21 (2) CONFORMING AMENDMENTS.—The Act enti22 tled ‘‘An Act authorizing Federal participation in the

23 cost of protecting the shores of publicly owned prop24 erty’’, approved August 13, 1946, is amended—
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1 (A) in subsection (b)(3) of the first section

2 (33 U.S.C. 426e(b)(3)) by striking ‘‘of the Army,

3 acting through the Chief of Engineers,’’ and by

4 striking the final period; and

5 (B) in section 3 (33 U.S.C. 426g) by strik6 ing ‘‘Secretary of the Army’’ and inserting ‘‘Sec7 retary’’.

8 (g) OBJECTIVES OF PROJECTS.—Section 209 of the

9 Flood Control Act of 1970 (42 U.S.C. 1962–2; 84 Stat.

10 1829) is amended by inserting ‘‘(including shore protection

11 projects such as projects for beach nourishment, including

12 the replacement of sand)’’ after ‘‘water resource projects’’.

13 SEC. 229. PROJECT DEAUTHORIZATIONS.

14 (a) IN GENERAL.—Section 1001(b)(2) of the Water Re15 sources Development Act of 1986 (33 U.S.C. 579a(b)(2)) is

16 amended—

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

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

19 (2) by inserting ‘‘planning, designing, or’’ before

20 ‘‘construction’’ in the last sentence.

21 (b) TECHNICAL AMENDMENT.—Section 52 of the Water

22 Resources Development Act of 1988 (33 U.S.C. 579a note;

23 102 Stat. 4044) is amended—

24 (1) by striking subsection (a); and
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1 (2) by redesignating subsections (b), (c), (d), and

2 (e) as subsections (a), (b), (c), and (d), respectively.

3 SEC. 230. SUPPORT OF ARMY CIVIL WORKS PROGRAM.

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

5 and development in support of the civil works program of

6 the Department of the Army, the Secretary may utilize con7 tracts, cooperative research and development agreements,

8 cooperative agreements, and grants with non-Federal enti9 ties, including State and local governments, colleges and

10 universities, consortia, professional and technical societies,

11 public and private scientific and technical foundations, re12 search institutions, educational organizations, and non13 profit organizations.

14 (b) SPECIAL RULES.—With respect to contracts for re15 search and development, the Secretary may include require16 ments that have potential commercial application and may

17 also use such potential application as an evaluation factor

18 where appropriate.

19 SEC. 231. BENEFITS TO NAVIGATION.

20 In evaluating potential improvements to navigation

21 and the maintenance of navigation projects, the Secretary

22 shall consider, and include for purposes of project justifica23 tion, economic benefits generated by cruise ships as commer24 cial navigation benefits.
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1 SEC. 232. LOSS OF LIFE PREVENTION.

2 Section 904 of the Water Resources Development Act

3 of 1986 (33 U.S.C. 2281) is amended by inserting ‘‘includ4 ing the loss of life which may be associated with flooding

5 and coastal storm events,’’ after ‘‘costs,’’.

6 SEC. 233. SCENIC AND AESTHETIC CONSIDERATIONS.

7 In conducting studies of potential water resources

8 projects, the Secretary shall consider measures to preserve

9 and enhance scenic and aesthetic qualities in the vicinity

10 of such projects.

11 SEC. 234. REMOVAL OF STUDY PROHIBITIONS.

12 Nothing in section 208 of the Urgent Supplemental

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

14 the Energy and Water Development Appropriations Act,

15 1993 (106 Stat. 1343), or any other provision of law shall

16 be deemed to limit the authority of the Secretary to under17 take studies for the purpose of investigating alternative

18 modes of financing hydroelectric power facilities under the

19 jurisdiction of the Department of the Army with funds ap20 propriated after the date of the enactment of this Act.

21 SEC. 235. SENSE OF CONGRESS; REQUIREMENT REGARDING

22 NOTICE.

23 (a) PURCHASE OF AMERICAN-MADE EQUIPMENT AND

24 PRODUCTS.—It is the sense of Congress that, to the greatest

25 extent practicable, all equipment and products purchased
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1 with funds made available under this Act should be Amer2 ican-made.

3 (b) NOTICE TO RECIPIENTS OF ASSISTANCE.—In pro4 viding financial assistance under this Act, the Secretary,

5 to the greatest extent practicable, shall provide to each re6 cipient of the assistance a notice describing the statement

7 made in subsection (a).

8 SEC. 236. RESERVOIR MANAGEMENT TECHNICAL ADVISORY

9 COMMITTEE.

10 Section 310 of the Water Resources Development Act

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

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

13 (2) by striking ‘‘(b) PUBLIC PARTICIPA14 TION.—’’.

15 SEC. 237. TECHNICAL CORRECTIONS.

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

17 Water Resources Development Act of 1992 (106 Stat. 4826)

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

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

20 Water Resources Development Act of 1992 (106 Stat. 4838)

21 is amended by striking ‘‘(8662)’’ in the second sentence and

22 inserting ‘‘(8862)’’.
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1 TITLE III—PROJECT

2 MODIFICATIONS

3 SEC. 301. MOBILE HARBOR, ALABAMA.

4 The undesignated paragraph under the heading ‘‘MO5 BILE HARBOR, ALABAMA’’ in section 201(a) of the Water

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

7 amended by striking the first semicolon and all that follows

8 and inserting a period and the following: ‘‘In disposing of

9 dredged material from such project, the Secretary, after

10 compliance with applicable laws and after opportunity for

11 public review and comment, may consider alternatives to

12 disposal of such material in the Gulf of Mexico, including

13 environmentally acceptable alternatives for beneficial uses

14 of dredged material and environmental restoration.’’.

15 SEC. 302. ALAMO DAM, ARIZONA.

16 The project for flood control and other purposes, Alamo

17 Dam and Lake, Arizona, authorized by section 10 of the

18 River and Harbor Act of December 22, 1944 (58 Stat. 900),

19 is modified to authorize the Secretary to operate the Alamo

20 Dam to provide fish and wildlife benefits both upstream

21 and downstream of the Dam. Such operation shall not re22 duce flood control and recreation benefits provided by the

23 project.
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1 SEC. 303. NOGALES WASH AND TRIBUTARIES, ARIZONA.

2 The project for flood control, Nogales Wash and tribu3 taries, Arizona, authorized by section 101(a)(4) of the

4 Water Resources Development Act of 1990 (104 Stat. 4606),

5 is modified to direct the Secretary to permit the non-Fed6 eral contribution for the project to be determined in accord7 ance with sections 103(k) and 103(m) of the Water Re8 sources Development Act of 1986 and to direct the Secretary

9 to enter into negotiations with non-Federal interests pursu10 ant to section 103(l) of such Act concerning the timing of

11 the initial payment of the non-Federal contribution.

12 SEC. 304. PHOENIX, ARIZONA.

13 Section 321 of the Water Resources Development Act

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

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

16 ecosystem restoration,’’; and

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

18 ‘‘$17,500,000. The non-Federal share for costs as19 signed to flood control measures to protect developed

20 areas adjacent to the project shall be consistent with

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

22 Water Resources Development Act of 1986.’’.

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

24 The project for flood control, San Francisco River,

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

26 Water Resources Development Act of 1990 (104 Stat. 4606),
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1 is modified to authorize the Secretary to construct the

2 project at a total cost of $21,100,000, with an estimated

3 Federal cost of $13,800,000 and an estimated non-Federal

4 cost of $7,300,000.

5 SEC. 306. GLENN-COLUSA, CALIFORNIA.

6 The project for flood control, Sacramento River, Cali7 fornia, authorized by section 2 of the Act entitled ‘‘An Act

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

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

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

11 modified by section 102 of the Energy and Water Develop12 ment Appropriations Act, 1990 (103 Stat. 649), is further

13 modified to authorize the Secretary to carry out the portion

14 of the project at Glenn-Colusa, California, at a total cost

15 of $14,200,000.

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

17 PEDRO BAY, CALIFORNIA.

18 The navigation project for Los Angeles and Long

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

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

21 1986 (100 Stat. 4091), is modified to provide that, notwith22 standing section 101(a)(4) of such Act, the cost of the reloca23 tion of the sewer outfall by the Port of Los Angeles shall

24 be credited toward the payment required from the non-Fed25 eral interest by section 101(a)(2) of such Act.
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1 SEC. 308. OAKLAND HARBOR, CALIFORNIA.

2 The projects for navigation, Oakland Outer Harbor,

3 California, and Oakland Inner Harbor, California, author4 ized by section 202 of the Water Resources Development Act

5 of 1986 (100 Stat. 4092), are modified by combining the

6 2 projects into 1 project, to be designated as the Oakland

7 Harbor, California, project. The Oakland Harbor, Califor8 nia, project shall be prosecuted by the Secretary substan9 tially in accordance with the plans and subject to the condi10 tions recommended in the reports designated in such section

11 202, at a total cost of $90,850,000, with an estimated Fed12 eral cost of $59,150,000 and an estimated non-Federal cost

13 of $31,700,000. The non-Federal share of project costs and

14 any available credits toward the non-Federal share shall be

15 calculated on the basis of the total cost of the combined

16 project.

17 SEC. 309. QUEENSWAY BAY, CALIFORNIA.

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

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

20 the following sentence: ‘‘In addition, the Secretary shall per21 form advance maintenance dredging in the Queensway Bay

22 Channel, California, at a total cost of $5,000,000.’’.

23 SEC. 310. SAN LUIS REY, CALIFORNIA.

24 The project for flood control of the San Luis Rey River,

25 California, authorized pursuant to section 201 of the Flood

26 Control Act of 1965 (42 U.S.C. 1962d–5; 79 Stat. 1073–
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1 1074), is modified to authorize the Secretary to construct

2 the project at a total cost not to exceed $81,600,000 with

3 an estimated Federal cost of $61,100,000 and an estimated

4 non-Federal cost of $20,500,000.

5 SEC. 311. THAMES RIVER, CONNECTICUT.

6 (a) RECONFIGURATION OF TURNING BASIN.—The

7 project for navigation, Thames River, Connecticut, author8 ized by the first section of the Act entitled ‘‘An Act authoriz9 ing construction, repair, and preservation of certain public

10 works on rivers and harbors, and for other purposes’’, ap11 proved August 30, 1935 (49 Stat. 1029), is modified to

12 make the turning basin have the following alignment: Start13 ing at a point on the eastern limit of the existing project,

14 N251052.93, E783934.59, thence running north 5 degrees

15 25 minutes 21.3 seconds east 341.06 feet to a point,

16 N251392.46, E783966.82, thence running north 47 degrees

17 24 minutes 14.0 seconds west 268.72 feet to a point,

18 N251574.34, E783769.00, thence running north 88 degrees

19 41 minutes 52.2 seconds west 249.06 feet to a point,

20 N251580.00, E783520.00, thence running south 46 degrees

21 16 minutes 22.9 seconds west 318.28 feet to a point,

22 N251360.00, E783290.00, thence running south 19 degrees

23 01 minute 32.2 seconds east 306.76 feet to a point,

24 N251070.00, E783390.00, thence running south 45 degrees
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1 00 minutes 00 seconds east 155.56 feet to a point,

2 N250960.00, E783500.00 on the existing western limit.

3 (b) NON-FEDERAL RESPONSIBILITY FOR INITIAL

4 DREDGING.—Any required initial dredging of the widened

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

6 shall be accomplished at non-Federal expense.

7 (c) CONFORMING DEAUTHORIZATION.—Those portions

8 of the existing turning basin which are not included in the

9 reconfigured turning basin as described in subsection (a)

10 shall no longer be authorized after the date of the enactment

11 of this Act.

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

13 COLUMBIA.

14 The project for flood protection, Potomac River, Wash15 ington, District of Columbia, authorized by section 5 of the

16 Flood Control Act of June 22, 1936 (74 Stat. 1574), is

17 modified to authorize the Secretary to construct the project

18 substantially in accordance with the General Design Memo19 randum dated May 1992 at a Federal cost of $1,800,000;

20 except that a temporary closure may be used instead of a

21 permanent structure at 17th Street. Operation and mainte22 nance of the project shall be a Federal responsibility.

23 SEC. 313. CANAVERAL HARBOR, FLORIDA.

24 The project for navigation, Canaveral Harbor, Flor25 ida, authorized by section 101(7) of the Water Resources
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1 Development Act of 1992 (106 Stat. 4802), is modified to

2 authorize the Secretary to reclassify the removal and re3 placement of stone protection on both sides of the channel

4 as general navigation features. The Secretary shall reim5 burse any costs that are incurred by the non-Federal spon6 sor in connection with the reclassified work and that the

7 Secretary determines to be in excess of the non-Federal

8 share of costs for general navigation features. The Federal

9 and non-Federal shares of the cost of the reclassified work

10 shall be determined in accordance with section 101 of the

11 Water Resources Development Act of 1986.

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

13 The project for flood protection of West Palm Beach,

14 Florida (C–51), authorized by section 203 of the Flood Con15 trol Act of 1962 (76 Stat. 1183), is modified to provide for

16 the construction of an enlarged stormwater detention area,

17 Storm Water Treatment Area 1 East, generally in accord18 ance with the plan of improvements described in the Feb19 ruary 15, 1994, report entitled ‘‘Everglades Protection

20 Project, Palm Beach County, Florida, Conceptual Design’’,

21 with such modifications as are approved by the Secretary.

22 The additional work authorized by this subsection shall be

23 accomplished at Federal expense. Operation and mainte24 nance of the stormwater detention area shall be consistent

25 with regulations prescribed by the Secretary for the Central
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1 and Southern Florida project, and all costs of such oper2 ation and maintenance shall be provided by non-Federal

3 interests.

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

5 (C–111).

6 (a) IN GENERAL.—The project for Central and South7 ern Florida, authorized by section 203 of the Flood Control

8 Act of 1948 (62 Stat. 1176) and modified by section 203

9 of the Flood Control Act of 1968 (82 Stat. 740–741), is

10 modified to authorize the Secretary to implement the rec11 ommended plan of improvement contained in a report enti12 tled ‘‘Central and Southern Florida Project, Final Inte13 grated General Reevaluation Report and Environmental

14 Impact Statement, Canal 111 (C–111), South Dade Coun15 ty, Florida’’, dated May 1994, including acquisition by

16 non-Federal interests of such portions of the Frog Pond and

17 Rocky Glades areas as are needed for the project.

18 (b) COST SHARING.—

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

20 cost of implementing the plan of improvement shall be

21 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 for
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1 the project. The amount paid by the Department of

2 the Interior shall be included as part of the Federal

3 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. 4139–4140),

16 is modified to direct the Secretary to carry out a project

17 for flow and circulation improvement within Mill Cove, at

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

19 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 shore

25 of Tybee Island located south of the extension of 9th Street.
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1 SEC. 318. WHITE RIVER, INDIANA.

2 The project for flood control, Indianapolis on West

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

4 of the Flood Control Act of June 22, 1936 (49 Stat. 1586),

5 is modified to authorize the Secretary to undertake

6 riverfront alterations as described in the Central Indianap7 olis Waterfront Concept Master Plan, dated February 1994,

8 at a total cost of $85,975,000, with an estimated first Fed9 eral cost of $39,975,000 and an estimated first non-Federal

10 cost of $46,000,000. The cost of work, including relocations

11 undertaken by the non-Federal interest after February 15,

12 1994, on features identified in the Master Plan shall be

13 credited toward the non-Federal share of project costs.

14 SEC. 319. CHICAGO, ILLINOIS.

15 The project for flood control, Chicagoland Underflow

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

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

18 modified to limit the capacity of the reservoir project not

19 to exceed 11,000,000,000 gallons or 32,000 acre-feet, to pro20 vide that the reservoir project may not be located north of

21 55th Street or west of East Avenue in the vicinity of

22 McCook, Illinois, and to provide that the reservoir project

23 may only be constructed on the basis of a specific plan that

24 has been evaluated by the Secretary under the provisions

25 of the National Environmental Policy Act of 1969.
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1 SEC. 320. CHICAGO LOCK AND THOMAS J. O’BRIEN LOCK, IL2 LINOIS.

3 The project for navigation, Chicago Harbor, Lake

4 Michigan, Illinois, for which operation and maintenance

5 responsibility was transferred to the Secretary under chap6 ter IV of title I of the Supplemental Appropriations Act,

7 1983 (97 Stat. 311) and section 107 of the Energy and

8 Water Development Appropriation Act, 1982 (95 Stat.

9 1137) is modified to direct the Secretary to conduct a study

10 to determine the feasibility of making such structural re11 pairs as are necessary to prevent leakage through the Chi12 cago Lock and the Thomas J. O’Brien Lock, Illinois, and

13 to determine the need for installing permanent flow meas14 urement equipment at such locks to measure any leakage.

15 The Secretary is authorized to carry out such repairs and

16 installations as are necessary following completion of the

17 study.

18 SEC. 321. KASKASKIA RIVER, ILLINOIS.

19 The project for navigation, Kaskaskia River, Illinois,

20 authorized by section 101 of the River and Harbor Act of

21 1962 (76 Stat. 1175), is modified to add fish and wildlife

22 and habitat restoration as project purposes.

23 SEC. 322. LOCKS AND DAM 26, ALTON, ILLINOIS AND MIS24 SOURI.

25 Section 102(l) of the Water Resources Development Act

26 of 1990 (104 Stat. 4613) is amended—
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1 (1) by striking ‘‘, that requires no separable

2 project lands and’’ and inserting ‘‘on project lands

3 and other contiguous nonproject lands, including

4 those lands referred to as the Alton Commons. The

5 recreational development’’;

6 (2) by inserting ‘‘shall be’’ before ‘‘at a Federal

7 construction’’; and

8 (3) by striking ‘‘. The recreational development’’

9 and inserting ‘‘, and’’.

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

11 The project for flood protection, North Branch of the

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

13 Water Resources Development Act of 1986 (100 Stat. 4115),

14 is modified to authorize the Secretary to carry out the

15 project in accordance with the report of the Corps of Engi16 neers dated March 1994, at a total cost of $34,228,000, with

17 an estimated Federal cost of $20,905,000 and an estimated

18 non-Federal cost of $13,323,000.

19 SEC. 324. ILLINOIS AND MICHIGAN CANAL.

20 Section 314(a) of the Water Resources Development

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

22 end the following: ‘‘Such improvements shall include ma23 rina development at Lock 14, to be carried out in consulta24 tion with the Illinois Department of Natural Resources, at

25 a total cost of $6,374,000.’’.
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1 SEC. 325. HALSTEAD, KANSAS.

2 The project for flood control, Halstead, Kansas, author3 ized by section 401(a) of the Water Resources Development

4 Act of 1986 (100 Stat. 4116), is modified to authorize the

5 Secretary to carry out the project in accordance with the

6 report of the Corps of Engineers dated March 19, 1993, at

7 a total cost of $11,100,000, with an estimated Federal cost

8 of $8,325,000 and an estimated non-Federal cost of

9 $2,775,000.

10 SEC. 326. LEVISA AND TUG FORKS OF THE BIG SANDY

11 RIVER AND CUMBERLAND RIVER, KENTUCKY,

12 WEST VIRGINIA, AND VIRGINIA.

13 The project for flood control, Levisa and Tug Forks

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

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

16 of the Energy and Water Development Appropriation Act,

17 1981 (94 Stat. 1339), is modified to provide that the mini18 mum level of flood protection to be afforded by the project

19 shall be the level required to provide protection from a 100-

20 year flood or from the flood of April 1977, whichever level

21 of protection is greater.

22 SEC. 327. COMITE RIVER, LOUISIANA.

23 The Comite River Diversion project for flood control,

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

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

26 Water Resource Development Act of 1992 (106 Stat. 4802–
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1 4803), is modified to authorize the Secretary to construct

2 the project at a total cost of $121,600,000, with an esti3 mated Federal cost of $70,577,000 and an estimated non4 Federal cost of $51,023,000.

5 SEC. 328. GRAND ISLE AND VICINITY, LOUISIANA.

6 The project for hurricane damage prevention, flood

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

8 Louisiana, authorized by section 204 of the Flood Control

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

10 Secretary to construct a permanent breakwater and levee

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

12 SEC. 329. LAKE PONTCHARTRAIN, LOUISIANA.

13 The project for hurricane damage prevention and flood

14 control, Lake Pontchartrain, Louisiana, authorized by sec15 tion 204 of the Flood Control Act of 1965 (79 Stat. 1077),

16 is modified to provide that St. Bernard Parish, Louisiana,

17 and the Lake Borgne Basin Levee District, Louisiana, shall

18 not be required to pay the unpaid balance, including inter19 est, of the non-Federal cost-share of the project.

20 SEC. 330. MISSISSIPPI DELTA REGION, LOUISIANA.

21 The Mississippi Delta Region project, Louisiana, au22 thorized as part of the project for hurricane-flood protection

23 project on Lake Pontchartrain, Louisiana, by section 204

24 of the Flood Control Act of 1965 (79 Stat. 1077), is modified

25 to direct the Secretary to provide a credit to the State of
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1 Louisiana toward its non-Federal share of the cost of the

2 project. The credit shall be for the cost incurred by the State

3 in developing and relocating oyster beds to offset the adverse

4 impacts on active and productive oyster beds in the Davis

5 Pond project area but shall not exceed $7,500,000.

6 SEC. 331. MISSISSIPPI RIVER OUTLETS, VENICE, LOUISIANA.

7 The project for navigation, Mississippi River Outlets,

8 Venice, Louisiana, authorized by section 101 of the River

9 and Harbor Act of 1968 (82 Stat. 731), is modified to pro10 vide for the extension of the 16-foot deep by 250-foot wide

11 Baptiste Collette Bayou entrance channel to approximately

12 Mile 8 of the Mississippi River-Gulf Outlet navigation

13 channel, at a total estimated Federal cost of $80,000.

14 SEC. 332. RED RIVER WATERWAY, LOUISIANA.

15 The project for mitigation of fish and wildlife losses,

16 Red River Waterway, Louisiana, authorized by section

17 601(a) of the Water Resources and Development Act of 1986

18 (100 Stat. 4142) and modified by section 102(p) of the

19 Water Resources and Development Act of 1990 (104 Stat.

20 4613), is further modified—

21 (1) to authorize the Secretary to carry out the

22 project at a total cost of $10,500,000; and

23 (2) to provide that lands that are purchased ad24 jacent to the Loggy Bayou Wildlife Management Area

25 may be located in Caddo Parish or Red River Parish.
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1 SEC. 333. TOLCHESTER CHANNEL, MARYLAND.

2 The project for navigation, Baltimore Harbor and

3 Channels, Maryland, authorized by section 101 of the River

4 and Harbor Act of 1958 (72 Stat. 297) is modified to direct

5 the Secretary—

6 (1) to expedite review of potential straightening

7 of the channel at the Tolchester Channel S-Turn; and

8 (2) if determined to be feasible and necessary for

9 safe and efficient navigation, to implement such

10 straightening as part of project maintenance.

11 SEC. 334. SAGINAW RIVER, MICHIGAN.

12 The project for flood protection, Saginaw River, Michi13 gan, authorized by section 203 of the Flood Control Act of

14 1958 (72 Stat. 311) is modified to include as part of the

15 project the design and construction of an inflatable dam

16 on the Flint River, Michigan, at a total cost of $500,000.

17 SEC. 335. SAULT SAINTE MARIE, CHIPPEWA COUNTY, MICHI18 GAN.

19 (a) IN GENERAL.—The project for navigation, Sault

20 Sainte Marie, Chippewa County, Michigan, authorized by

21 section 1149 of the Water Resources Development Act of

22 1986 (100 Stat. 4254–4255), is modified as provided by this

23 subsection.

24 (b) PAYMENT OF NON-FEDERAL SHARE.—The non25 Federal share of the cost of the project referred to in sub26 section (a) shall be paid as follows:
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1 (1) That portion of the non-Federal share which

2 the Secretary determines is attributable to use of the

3 lock by vessels calling at Canadian ports shall be paid

4 by the United States.

5 (2) The remaining portion of the non-Federal

6 share shall be paid by the Great Lakes States pursu7 ant to an agreement entered into by such States.

8 (c) PAYMENT TERM OF ADDITIONAL PERCENTAGE.—

9 The amount to be paid by non-Federal interests pursuant

10 to section 101(a) of the Water Resources Development Act

11 of 1986 (33 U.S.C. 2211(a)) and this subsection with re12 spect to the project referred to in subsection (a) may be paid

13 over a period of 50 years or the expected life of the project,

14 whichever is shorter.

15 (d) GREAT LAKES STATES DEFINED.—For the pur16 poses of this section, the term ‘‘Great Lakes States’’ means

17 the States of Illinois, Indiana, Michigan, Minnesota, New

18 York, Ohio, Pennsylvania, and Wisconsin.

19 SEC. 336. STILLWATER, MINNESOTA.

20 Section 363 of the Water Resources Development Act

21 of 1992 (106 Stat. 4861–4862) is amended—

22 (1) by inserting after ‘‘riverfront,’’ the following:

23 ‘‘or expansion of such system if the Secretary deter24 mines that the expansion is feasible,’’;
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1 (2) by striking ‘‘$3,200,000’’ and inserting

2 ‘‘$11,600,000’’;

3 (3) by striking ‘‘$2,400,000’’ and inserting

4 ‘‘$8,700,000’’; and

5 (4) by striking ‘‘$800,000’’ and inserting

6 ‘‘$2,900,000’’.

7 SEC. 337. CAPE GIRARDEAU, MISSOURI.

8 The project for flood control, Cape Girardeau, Jackson

9 Metropolitan Area, Missouri, authorized by section 401(a)

10 of the Water Resources Development Act of 1986 (100 Stat.

11 4118–4119), is modified to authorize the Secretary to con12 struct the project, including implementation of non13 structural measures, at a total cost of $45,414,000, with an

14 estimated Federal cost of $33,030,000 and an estimated

15 non-Federal cost of $12,384,000.

16 SEC. 338. NEW MADRID HARBOR, MISSOURI.

17 The project for navigation, New Madrid Harbor, Mis18 souri, authorized pursuant to section 107 of the River and

19 Harbor Act of 1960 (33 U.S.C. 577) and modified by sec20 tion 102(n) of the Water Resources Development Act of 1992

21 (106 Stat. 4807), is further modified to direct the Secretary

22 to assume responsibility for maintenance of the existing

23 Federal channel referred to in such section 102(n) in addi24 tion to maintaining New Madrid County Harbor.
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1 SEC. 339. ST. JOHN’S BAYOU—NEW MADRID FLOODWAY,

2 MISSOURI.

3 Notwithstanding any other provision of law, Federal

4 assistance made available under the rural enterprise zone

5 program of the Department of Agriculture may be used to6 ward payment of the non-Federal share of the costs of the

7 project for flood control, St. John’s Bayou and New Madrid

8 Floodway, Missouri, authorized by section 401(a) of the

9 Water Resources Development Act of 1986 (100 Stat. 4118).

10 SEC. 340. JOSEPH G. MINISH PASSAIC RIVER PARK, NEW

11 JERSEY.

12 Section 101(a)(18)(B) of the Water Resources Develop13 ment Act of 1990 (104 Stat. 4608) is amended by striking

14 ‘‘$25,000,000’’ and inserting ‘‘$75,000,000’’.

15 SEC. 341. MOLLY ANN’S BROOK, NEW JERSEY.

16 The project for flood control, Molly Ann’s Brook, New

17 Jersey, authorized by section 401(a) of the Water Resources

18 Development Act of 1986 (100 Stat. 4119), is modified to

19 authorize the Secretary to carry out the project in accord20 ance with the report of the Corps of Engineers dated April

21 3, 1996, at a total cost of $40,100,000, with an estimated

22 Federal cost of $22,600,000 and an estimated non-Federal

23 cost of $17,500,000.

24 SEC. 342. PASSAIC RIVER, NEW JERSEY.

25 Section 1148 of the Water Resources Development Act

26 of 1986 (100 Stat. 4254) is amended to read as follows:
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1 ‘‘SEC. 1148. PASSAIC RIVER BASIN.

2 ‘‘(a) ACQUISITION OF LANDS.—The Secretary is au3 thorized to acquire from willing sellers lands on which resi4 dential structures are located and which are subject to fre5 quent and recurring flood damage, as identified in the sup6 plemental floodway report of the Corps of Engineers, Pas7 saic River Buyout Study, September 1995, at an estimated

8 total cost of $194,000,000.

9 ‘‘(b) RETENTION OF LANDS FOR FLOOD PROTEC10 TION.—Lands acquired by the Secretary under this section

11 shall be retained by the Secretary for future use in conjunc12 tion with flood protection and flood management in the

13 Passaic River Basin.

14 ‘‘(c) COST SHARING.—The non-Federal share of the

15 cost of carrying out this section shall be 25 percent plus

16 any amount that might result from application of the re17 quirements of subsection (d).

18 ‘‘(d) APPLICABILITY OF BENEFIT-COST RATIO WAIVER

19 AUTHORITY.—In evaluating and implementing the project

20 under this section, the Secretary shall allow the non-Federal

21 interest to participate in financing of the project in accord22 ance with section 903(c) of this Act, to the extent that the

23 Secretary’s evaluation indicates that applying such section

24 is necessary to implement the project.’’.
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1 SEC. 343. RAMAPO RIVER AT OAKLAND, NEW JERSEY AND

2 NEW YORK.

3 The project for flood control, Ramapo River at Oak4 land, New Jersey and New York, authorized by section

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

6 (100 Stat. 4120), is modified to authorize the Secretary to

7 carry out the project in accordance with the report of the

8 Corps of Engineers dated May 1994, at a total cost of

9 $11,300,000, with an estimated Federal cost of $8,500,000

10 and an estimated non-Federal cost of $2,800,000.

11 SEC. 344. RARITAN BAY AND SANDY HOOK BAY, NEW JER12 SEY.

13 Section 102(q) of the Water Resources Development Act

14 of 1992 (106 Stat. 4808) is amended by striking ‘‘for

15 Cliffwood Beach’’.

16 SEC. 345. ARTHUR KILL, NEW YORK AND NEW JERSEY.

17 The project for navigation, Arthur Kill, New York and

18 New Jersey, authorized by section 202(b) of the Water Re19 sources Development Act of 1986 (100 Stat. 4098), is modi20 fied to authorize the Secretary to carry out the project to

21 a depth of not to exceed 45 feet if determined to be feasible

22 by the Secretary at a total cost of $83,000,000.

23 SEC. 346. JONES INLET, NEW YORK.

24 The project for navigation, Jones Inlet, New York, au25 thorized by section 2 of the Act entitled ‘‘An Act authorizing

26 construction, repair, and preservation of certain public
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1 works on rivers and harbors, and for other purposes’’, ap2 proved March 2, 1945 (59 Stat. 13), is modified to direct

3 the Secretary to place uncontaminated dredged material on

4 beach areas downdrift from the federally maintained chan5 nel for the purpose of mitigating the interruption of littoral

6 system natural processes caused by the jetty and continued

7 dredging of the federally maintained channel.

8 SEC. 347. KILL VAN KULL, NEW YORK AND NEW JERSEY.

9 The project for navigation, Kill Van Kull, New York

10 and New Jersey, authorized by section 202(a) of the Water

11 Resources Development Act of 1986 (100 Stat. 4095), is

12 modified to authorize the Secretary to carry out the project

13 at a total cost of $750,000,000.

14 SEC. 348. WILMINGTON HARBOR-NORTHEAST CAPE FEAR

15 RIVER, NORTH CAROLINA.

16 The project for navigation, Wilmington Harbor-North17 east Cape Fear River, North Carolina, authorized by section

18 202(a) of the Water Resources Development Act of 1986

19 (100 Stat. 4095), is modified to authorize the Secretary to

20 construct the project substantially in accordance with the

21 General Design Memorandum dated April 1990 and the

22 General Design Memorandum Supplement dated February

23 1994, at a total cost of $52,041,000, with an estimated Fed24 eral cost of $25,729,000 and an estimated non-Federal cost

25 of $26,312,000.
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1 SEC. 349. GARRISON DAM, NORTH DAKOTA.

2 The project for flood control, Garrison Dam, North Da3 kota, authorized by section 9 of the Flood Control Act of

4 December 22, 1944 (58 Stat. 891), is modified to authorize

5 the Secretary to acquire permanent flowage and saturation

6 easements over the lands in Williams County, North Da7 kota, extending from the riverward margin of the Buford8 Trenton Irrigation District main canal to the north bank

9 of the Missouri River, beginning at the Buford-Trenton Ir10 rigation District pumping station located in the northeast

11 quarter of section 17, township 152 north, range 104 west,

12 and continuing northeasterly downstream to the land re13 ferred to as the East Bottom, and any other lands outside

14 of the boundaries of the Buford-Trenton Irrigation District

15 which have been adversely affected by rising ground water

16 and surface flooding. Any easement acquired by the Sec17 retary pursuant to this subsection shall include the right,

18 power, and privilege of the Government to submerge, over19 flow, percolate, and saturate the surface and subsurface of

20 the land. The cost of acquiring such easements shall not ex21 ceed 90 percent, or be less than 75 percent, of the unaffected

22 fee value of the lands. The project is further modified to

23 authorize the Secretary to provide a lump sum payment

24 of $60,000 to the Buford-Trenton Irrigation District for

25 power requirements associated with operation of the drain26 age pumps and to relinquish all right, title, and interest
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1 of the United States to the drainage pumps located within

2 the boundaries of the Irrigation District.

3 SEC. 350. RENO BEACH-HOWARDS FARM, OHIO.

4 The project for flood protection, Reno Beach-Howards

5 Farm, Ohio, authorized by section 203 of the Flood Control

6 Act, 1948 (62 Stat. 1178), is modified to provide that the

7 value of lands, easements, rights-of-way, and disposal areas

8 shall be determined on the basis of the appraisal performed

9 by the Corps of Engineers and dated April 4, 1985.

10 SEC. 351. WISTER LAKE, OKLAHOMA.

11 The flood control project for Wister Lake, LeFlore

12 County, Oklahoma, authorized by section 4 of the Flood

13 Control Act of June 28, 1938 (52 Stat. 1218), is modified

14 to increase the elevation of the conservation pool to 478 feet

15 and to adjust the seasonal pool operation to accommodate

16 the change in the conservation pool elevation.

17 SEC. 352. BONNEVILLE LOCK AND DAM, COLUMBIA RIVER,

18 OREGON AND WASHINGTON.

19 (a) IN GENERAL.—The project for Bonneville Lock and

20 Dam, Columbia River, Oregon and Washington, authorized

21 by the Act of August 20, 1937 (50 Stat. 731), and modified

22 by section 83 of the Water Resources Development Act of

23 1974 (88 Stat. 35), is further modified to authorize the Sec24 retary to convey to the city of North Bonneville, Washing-
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1 ton, at no further cost to the city, all right, title and interest

2 of the United States in and to the following:

3 (1) Any municipal facilities, utilities fixtures,

4 and equipment for the relocated city, and any re5 maining lands designated as open spaces or munici6 pal lots not previously conveyed to the city, specifi7 cally, Lots M1 through M15, M16 (the ‘‘community

8 center lot’’), M18, M19, M22, M24, S42 through S45,

9 and S52 through S60.

10 (2) The ‘‘school lot’’ described as Lot 2, block 5,

11 on the plat of relocated North Bonneville.

12 (3) Parcels 2 and C, but only upon the comple13 tion of any environmental response actions required

14 under applicable law.

15 (4) That portion of Parcel B lying south of the

16 existing city boundary, west of the sewage treatment

17 plant, and north of the drainage ditch that is located

18 adjacent to the northerly limit of the Hamilton Island

19 landfill, provided the Secretary determines, at the

20 time of the proposed conveyance, that the Army has

21 taken all action necessary to protect human health

22 and the environment.

23 (5) Such portions of Parcel H which can be con24 veyed without a requirement for further investigation,

25 inventory or other action by the Department of the
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1 Army under the provisions of the National Historic

2 Preservation Act.

3 (6) Such easements as the Secretary deems nec4 essary for—

5 (A) sewer and water line crossings of relo6 cated Washington State Highway 14; and

7 (B) reasonable public access to the Colum8 bia River across those portions of Hamilton Is9 land that remain under the ownership of the

10 United States.

11 (b) TIME PERIOD FOR CONVEYANCES.—The convey12 ances referred to in subsections (a)(1), (a)(2), (a)(5), and

13 (a)(6)(A) shall be completed within 180 days after the Unit14 ed States receives the release referred to in subsection (d).

15 All other conveyances shall be completed expeditiously, sub16 ject to any conditions specified in the applicable subsection.

17 (c) PURPOSE.—The purpose of the conveyances author18 ized by subsection (a) is to resolve all outstanding issues

19 between the United States and the city of North Bonneville.

20 (d) ACKNOWLEDGEMENT OF PAYMENT; RELEASE OF

21 CLAIMS RELATING TO RELOCATION OF CITY.—As a pre22 requisite to the conveyances authorized by subsection (a),

23 the city of North Bonneville shall execute an acknowledge24 ment of payment of just compensation and shall execute a

25 release of any and all claims for relief of any kind against
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1 the United States growing out of the relocation of the city

2 of North Bonneville, or any prior Federal legislation relat3 ing thereto, and shall dismiss, with prejudice, any pending

4 litigation, if any, involving such matters.

5 (e) RELEASE BY ATTORNEY GENERAL.—Upon receipt

6 of the city’s acknowledgement and release referred to in sub7 section (d), the Attorney General of the United States shall

8 dismiss any pending litigation, if any, arising out of the

9 relocation of the city of North Bonneville, and execute a

10 release of any and all rights to damages of any kind under

11 the February 20, 1987, judgment of the United States

12 Claims Court, including any interest thereon.

13 (f) ACKNOWLEDGEMENT OF ENTITLEMENTS; RELEASE

14 BY CITY OF CLAIMS.—Within 60 days after the conveyances

15 authorized by subsection (a) (other than paragraph (6)(B))

16 have been completed, the city shall execute an acknowledge17 ment that all entitlements under such paragraph have been

18 completed and shall execute a release of any and all claims

19 for relief of any kind against the United States arising out

20 of this subsection.

21 (g) EFFECTS ON CITY.—Beginning on the date of the

22 enactment of this Act, the city of North Bonneville, or any

23 successor in interest thereto, shall—

24 (1) be precluded from exercising any jurisdiction

25 over any lands owned in whole or in part by the
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1 United States and administered by the United States

2 Army Corps of Engineers in connection with the Bon3 neville project; and

4 (2) be authorized to change the zoning designa5 tions of, sell, or resell Parcels S35 and S56, which are

6 presently designated as open spaces.

7 SEC. 353. COLUMBIA RIVER DREDGING, OREGON AND

8 WASHINGTON.

9 The project for navigation, Lower Willamette and Co10 lumbia Rivers below Vancouver, Washington and Portland,

11 Oregon, authorized by the first section of the River and

12 Harbor Appropriations Act of June 18, 1878 (20 Stat.

13 152), is modified to direct the Secretary—

14 (1) to conduct channel simulation and to carry

15 out improvements to the existing deep draft channel

16 between the mouth of the river and river mile 34 at

17 a cost not to exceed $2,400,000; and

18 (2) to conduct overdepth and advance mainte19 nance dredging that is necessary to maintain author20 ized channel dimensions.

21 SEC. 354. GRAYS LANDING LOCK AND DAM, MONONGAHELA

22 RIVER, PENNSYLVANIA.

23 The project for navigation Grays Landing Lock and

24 Dam, Monongahela River, Pennsylvania, authorized by sec25 tion 301(a) of the Water Resources Development Act of 1986
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1 (100 Stat. 4110), is modified to authorize the Secretary to

2 construct the project at a total cost of $181,000,000. 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 the Inland

6 Waterways Trust Fund.

7 SEC. 355. LACKAWANNA RIVER AT SCRANTON, PENNSYLVA8 NIA.

9 The project for flood control, Lackawanna River at

10 Scranton, Pennsylvania, authorized by section 101(16) of

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

12 4803), is modified to direct the Secretary to carry out the

13 project for flood control for the Plot and Green Ridge sec14 tions of the project. In evaluating and implementing the

15 project, the Secretary shall allow the non-Federal interest

16 to participate in financing of the project in accordance with

17 section 903(c) of the Water Resources Development Act of

18 1986, to the extent that the Secretary’s evaluation indicates

19 that applying such section is necessary to implement the

20 project.

21 SEC. 356. MUSSERS DAM, MIDDLE CREEK, SNYDER COUNTY,

22 PENNSYLVANIA.

23 Section 209(e)(5) of the Water Resources Development

24 Act of 1992 (106 Stat. 4830) is amended by striking

25 ‘‘$3,000,000’’ and inserting ‘‘$5,000,000’’.
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1 SEC. 357. 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. 4124),

5 is modified to authorize the Secretary to carry out the

6 project in accordance with the report of the Corps of Engi7 neers dated April 8, 1994, at a total cost of $12,780,000,

8 with an estimated Federal cost of $9,585,000 and an esti9 mated non-Federal cost of $3,195,000.

10 SEC. 358. SCHUYLKILL RIVER, PENNSYLVANIA.

11 The navigation project for the Schuylkill River, Penn12 sylvania, authorized by the first section of the River and

13 Harbor Appropriations Act of August 8, 1917 (40 Stat.

14 252), is modified to provide for the periodic removal and

15 disposal of sediment to a depth of 6 feet detained within

16 portions of the Fairmount pool between the Fairmount

17 Dam and the Columbia Bridge, generally within the limits

18 of the channel alignments referred to as the Schuylkill River

19 Racecourse and return lane, and the Belmont Water Works

20 intakes and Boathouse Row.

21 SEC. 359. SOUTH CENTRAL PENNSYLVANIA.

22 Section 313(g)(1) of the Water Resources Development

23 Act of 1992 (106 Stat. 4846) is amended by striking

24 ‘‘$50,000,000’’ and inserting ‘‘$90,000,000’’.
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1 SEC. 360. 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 modi5 fied to authorize the Secretary to undertake as part of the

6 construction of the project mechanical and electrical up7 grades to existing stormwater pumping stations in the Wyo8 ming Valley and to undertake mitigation measures.

9 SEC. 361. 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 to

13 authorize the Secretary to deepen the bar channel to depths

14 varying from 49 feet to 56 feet below mean low water with

15 other modifications to authorized interior channels as gen16 erally described in the General Reevaluation Report and

17 Environmental Assessment, dated March 1994, at a total

18 cost of $43,993,000, with an estimated Federal cost of

19 $27,341,000 and an estimated non-Federal cost of

20 $16,652,000.

21 SEC. 362. 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’’;
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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. 363. 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 modi9 fied to direct the Secretary to undertake ditching, clearing,

10 spillway replacement, and dike reconstruction of the Clouter

11 Creek Disposal Area, as a part of the operation and mainte12 nance of the Charleston Harbor project.

13 SEC. 364. DALLAS FLOODWAY EXTENSION, DALLAS, TEXAS.

14 (a) IN GENERAL.—The project for flood control, Dallas

15 Floodway Extension, Dallas, Texas, authorized by section

16 301 of the River and Harbor Act of 1965 (79 Stat. 1091),

17 is modified to provide that flood protection works con18 structed by the non-Federal interests along the Trinity

19 River in Dallas, Texas, for Rochester Park and the Central

20 Wastewater Treatment Plant shall be included as a part

21 of the project and the cost of such works shall be credited

22 against the non-Federal share of project costs but shall not

23 be included in calculating benefits of the project.

24 (b) DETERMINATION OF AMOUNT.—The amount to be

25 credited under subsection (a) shall be determined by the
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1 Secretary. In determining such amount, the Secretary may

2 permit crediting only for that portion of the work performed

3 by the non-Federal interests which is compatible with the

4 project referred to in subsection (a), including any modi5 fication thereof, and which is required for construction of

6 such project.

7 (c) CASH CONTRIBUTION.—Nothing in this section

8 shall be construed to limit the applicability of the require9 ment contained in section 103(a)(1)(A) of the Water Re10 sources Development Act of 1986 to the project referred to

11 in subsection (a).

12 SEC. 365. UPPER JORDAN RIVER, UTAH.

13 The project for flood control, Upper Jordan River,

14 Utah, authorized by section 101(a)(23) of the Water Re15 sources Development Act of 1990 (104 Stat. 4610), is modi16 fied to authorize the Secretary to construct the project at

17 a total cost of $12,870,000, with an estimated Federal cost

18 of $8,580,000 and an estimated non-Federal cost of

19 $4,290,000.

20 SEC. 366. HAYSI LAKE, VIRGINIA.

21 The Haysi Lake, Virginia, feature of the project for

22 flood control, Tug Fork of the Big Sandy 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—
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1 (1) to add recreation and fish and wildlife en2 hancement as project purposes;

3 (2) to direct the Secretary to construct the Haysi

4 Dam feature of the project substantially in accordance

5 with Plan A as set forth in the Draft General Plan

6 Supplement Report for the Levisa Fork Basin, Vir7 ginia and Kentucky, dated May 1995; and

8 (3) to direct the Secretary to apply section

9 103(m) of the Water Resources Development Act of

10 1986 (100 Stat. 4087) to the construction of such fea11 ture in the same manner as that section is applied

12 to other projects or project features construed pursu13 ant to such section 202(a).

14 SEC. 367. RUDEE INLET, VIRGINIA BEACH, VIRGINIA.

15 The project for navigation and shoreline protection,

16 Rudee Inlet, Virginia Beach, Virginia, authorized by sec17 tion 601(a) of the Water Resources Development Act of 1986

18 (100 Stat. 4148), is modified to authorize the Secretary to

19 continue maintenance of the project for 50 years beginning

20 on the date of initial construction of the project. The Fed21 eral share of the cost of such maintenance shall be deter22 mined in accordance with title I of the Water Resources

23 Development Act of 1986.
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1 SEC. 368. VIRGINIA BEACH, VIRGINIA.

2 The non-Federal share of the costs of the project for

3 beach erosion control and hurricane protection, Virginia

4 Beach, Virginia, authorized by section 501(a) of the Water

5 Resources Development Act of 1986 (100 Stat. 4136), shall

6 be reduced by $3,120,803, or by such amount as is deter7 mined by an audit carried out by the Secretary to be due

8 to the city of Virginia Beach as reimbursement for the Fed9 eral share of beach nourishment activities carried out by

10 the city between October 1, 1986, and September 30, 1993,

11 if the Federal Government has not reimbursed the city for

12 the activities prior to the date on which a project coopera13 tive agreement is executed for the project.

14 SEC. 369. EAST WATERWAY, WASHINGTON.

15 The project for navigation, East and West waterways,

16 Seattle Harbor, Washington, authorized by the first section

17 of the River and Harbor Appropriations Act of March 2,

18 1919 (40 Stat. 1275), is modified to direct the Secretary—

19 (1) to expedite review of potential deepening of

20 the channel in the East waterway from Elliott Bay

21 to Terminal 25 to a depth of up to 51 feet; and

22 (2) if determined to be feasible, to implement

23 such deepening as part of project maintenance.

24 In carrying out work authorized by this section, the Sec25 retary shall coordinate with the Port of Seattle regarding

26 use of Slip 27 as a dredged material disposal area.
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1 SEC. 370. BLUESTONE LAKE, WEST VIRGINIA.

2 Section 102(ff) of the Water Resources Development

3 Act of 1992 (106 Stat. 4810) is amended by inserting ‘‘ex4 cept for that organic matter necessary to maintain and en5 hance the biological resources of such waters and such non6 obtrusive items of debris as may not be economically feasible

7 to prevent being released through such project,’’ after

8 ‘‘project,’’ the first place it appears.

9 SEC. 371. MOOREFIELD, WEST VIRGINIA.

10 The project for flood control, Moorefield, West Virginia,

11 authorized by section 101(a)(25) of the Water Resources De12 velopment Act of 1990 (104 Stat. 4610–4611), is modified

13 to authorize the Secretary to construct the project at a total

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

15 $17,100,000 and an estimated non-Federal cost of

16 $4,900,000.

17 SEC. 372. SOUTHERN WEST VIRGINIA.

18 (a) COST SHARING.—Section 340(c)(3) of the Water

19 Resources Development Act of 1992 (106 Stat. 4856) is

20 amended to read as follows:

21 ‘‘(3) COST SHARING.—

22 ‘‘(A) IN GENERAL.—Total project costs

23 under each local cooperation agreement entered

24 into under this subsection shall be shared at 75

25 percent Federal and 25 percent non-Federal. The

26 non-Federal interest shall receive credit for the
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1 reasonable costs of design work completed by

2 such interest prior to entering into a local co3 operation agreement with the Secretary for a

4 project. The credit for such design work shall not

5 exceed 6 percent of the total construction costs of

6 the project. The Federal share may be in the

7 form of grants or reimbursements of project costs.

8 ‘‘(B) INTEREST.—In the event of delays in

9 the funding of the non-Federal share of a project

10 that is the subject of an agreement under this

11 section, the non-Federal interest shall receive

12 credit for reasonable interest incurred in provid13 ing the non-Federal share of a project’s cost.

14 ‘‘(C) LANDS, EASEMENTS, AND RIGHTS-OF15 WAY CREDIT.—The non-Federal interest shall re16 ceive credit for lands, easements, rights-of-way,

17 and relocations toward its share of project costs,

18 including all reasonable costs associated with ob19 taining permits necessary for the construction,

20 operation, and maintenance of such project on

21 publicly owned or controlled lands, but not to ex22 ceed 25 percent of total project costs.

23 ‘‘(D) OPERATION AND MAINTENANCE.—Op24 eration and maintenance costs for projects con-
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1 structed with assistance provided under this sec2 tion shall be 100 percent non-Federal.’’.

3 (b) FUNDING.—Section 340(g) of the Water Resources

4 Development Act of 1992 (106 Stat. 4856) is amended by

5 striking ‘‘$5,000,000’’ and inserting ‘‘$25,000,000’’.

6 SEC. 373. KICKAPOO RIVER, WISCONSIN.

7 (a) IN GENERAL.—The project for flood control and

8 allied purposes, Kickapoo River, Wisconsin, authorized by

9 section 203 of the Flood Control Act of 1962 (76 Stat. 1190)

10 and modified by section 814 of the Water Resources Devel11 opment Act of 1986 (100 Stat. 4169), is further modified

12 as provided by this section.

13 (b) TRANSFER OF PROPERTY.—

14 (1) IN GENERAL.—Subject to the requirements of

15 this subsection, the Secretary shall transfer to the

16 State of Wisconsin, without consideration, all right,

17 title, and interest of the United States to the lands de18 scribed in paragraph (3), including all works, struc19 tures, and other improvements to such lands.

20 (2) TRANSFER TO SECRETARY OF THE INTE21 RIOR.—Subject to the requirements of this subsection,

22 on the date of the transfer under paragraph (1), the

23 Secretary shall transfer to the Secretary of the Inte24 rior, without consideration, all right, title, and inter25 est of the United States in and to lands that are cul-
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1 turally and religiously significant sites of the Ho2 Chunk Nation (a federally recognized Indian tribe)

3 and are located within the lands described in para4 graph (3). Such lands shall be specified in accordance

5 with paragraph (4)(C) and may not exceed a total of

6 1,200 acres.

7 (3) LAND DESCRIPTION.—The lands to be trans8 ferred pursuant to paragraphs (1) and (2) are the ap9 proximately 8,569 acres of land associated with the

10 LaFarge Dam and Lake portion of the project re11 ferred to in subsection (a) in Vernon County, Wiscon12 sin, in the following sections:

13 (A) Section 31, Township 14 North, Range

14 1 West of the 4th Principal Meridian.

15 (B) Sections 2 through 11, and 16, 17, 20,

16 and 21, Township 13 North, Range 2 West of the

17 4th Principal Meridian.

18 (C) Sections 15, 16, 21 through 24, 26, 27,

19 31, and 33 through 36, Township 14 North,

20 Range 2 West of the 4th Principal Meridian.

21 (4) TERMS AND CONDITIONS.—

22 (A) HOLD HARMLESS; REIMBURSEMENT OF

23 UNITED STATES.—The transfer under paragraph

24 (1) shall be made on the condition that the State

25 of Wisconsin enters into a written agreement
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1 with the Secretary to hold the United States

2 harmless from all claims arising from or through

3 the operation of the lands and improvements

4 subject to the transfer. If title to the lands de5 scribed in paragraph (3) is sold or transferred

6 by the State, then the State shall reimburse the

7 United States for the price originally paid by

8 the United States for purchasing such lands.

9 (B) IN GENERAL.—The Secretary shall

10 make the transfers under paragraphs (1) and (2)

11 only if on or before October 31, 1997, the State

12 of Wisconsin enters into and submits to the Sec13 retary a memorandum of understanding, as

14 specified in subparagraph (C), with the tribal

15 organization (as defined by section 4(l) of the In16 dian Self-Determination and Education Assist17 ance Act (25 U.S.C. 450b(l))) of the Ho-Chunk

18 Nation.

19 (C) MEMORANDUM OF UNDERSTANDING.—

20 The memorandum of understanding referred to

21 in subparagraph (B) shall contain, at a mini22 mum, the following:

23 (i) A description of sites and associ24 ated lands to be transferred to the Secretary

25 of the Interior under paragraph (2).
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1 (ii) An agreement specifying that the

2 lands transferred under paragraphs (1) and

3 (2) shall be preserved in a natural state and

4 developed only to the extent necessary to en5 hance outdoor recreational and educational

6 opportunities.

7 (iii) An agreement specifying the terms

8 and conditions of a plan for the manage9 ment of the lands to be transferred under

10 paragraphs (1) and (2).

11 (iv) A provision requiring a review of

12 the plan referred to in clause (iii) to be con13 ducted every 10 years under which the State

14 of Wisconsin, acting through the Kickapoo

15 Valley Governing Board, and the Ho-Chunk

16 Nation may agree to revisions of the plan

17 in order to address changed circumstances

18 on the lands transferred under paragraph

19 (2). Such provision may include a plan for

20 the transfer by the State to the Secretary of

21 the Interior of any additional site discov22 ered to be culturally and religiously signifi23 cant to the Ho-Chunk Nation.

24 (5) ADMINISTRATION OF LANDS.—The lands

25 transferred to the Secretary of the Interior under
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1 paragraph (2), and any lands transferred to the Sec2 retary of the Interior pursuant to the memorandum

3 of understanding entered into under paragraph (3),

4 shall be held in trust for, and added to and adminis5 tered as part of the reservation of, the Ho-Chunk Na6 tion.

7 (6) TRANSFER OF FLOWAGE EASEMENTS.—The

8 Secretary shall transfer to the owner of the servient

9 estate, without consideration, all right, title, and in10 terest of the United States in and to each flowage

11 easement acquired as part of the project referred to in

12 subsection (a) within Township 14 North, Range 2

13 West of the 4th Principal Meridian, Vernon County,

14 Wisconsin.

15 (7) DEAUTHORIZATION.—Except as provided in

16 subsection (c), the LaFarge Dam and Lake portion of

17 the project referred to in subsection (a) is not author18 ized after the date of the transfer under this sub19 section.

20 (8) INTERIM MANAGEMENT AND MAINTENANCE.—

21 The Secretary shall continue to manage and main22 tain the LaFarge Dam and Lake portion of the

23 project referred to in subsection (a) until the date of

24 the transfer under this section.

25 (c) COMPLETION OF PROJECT FEATURES.—
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1 (1) REQUIREMENT.—The Secretary shall under2 take the completion of the following features of the

3 project referred to in subsection (a):

4 (A) The continued relocation of State high5 way route 131 and county highway routes P and

6 F substantially in accordance with plans con7 tained in Design Memorandum No. 6, Reloca8 tion-LaFarge Reservoir, dated June 1970; except

9 that the relocation shall generally follow the ex10 isting road rights-of-way through the Kickapoo

11 Valley.

12 (B) Environmental cleanup and site res13 toration of abandoned wells, farm sites, and safe14 ty modifications to the water control structures.

15 (C) Cultural resource activities to meet the

16 requirements of Federal law.

17 (2) PARTICIPATION BY STATE OF WISCONSIN.—

18 In undertaking the completion of the features de19 scribed in paragraph (1), the Secretary shall deter20 mine the requirements of the State of Wisconsin on

21 the location and design of each such feature.

22 (d) FUNDING.—There is authorized to be appropriated

23 to carry out this section for fiscal years beginning after Sep24 tember 30, 1996, $17,000,000.
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1 SEC. 374. TETON COUNTY, WYOMING.

2 Section 840 of the Water Resources Development Act

3 of 1986 (100 Stat. 4176) is amended—

4 (1) by striking ‘‘: Provided, That’’ and inserting

5 ‘‘; except that’’;

6 (2) by striking ‘‘in cash or materials’’ and in7 serting ‘‘, through providing in-kind services or cash

8 or materials,’’; and

9 (3) by adding at the end the following: ‘‘In car10 rying out this section, the Secretary may enter into

11 agreements with the non-Federal sponsor permitting

12 the non-Federal sponsor to perform operation and

13 maintenance for the project on a cost-reimbursable

14 basis.’’.

15 TITLE IV—STUDIES

16 SEC. 401. CORPS CAPABILITY STUDY, ALASKA.

17 The Secretary shall review the capability of the Corps

18 of Engineers to plan, design, construct, operate, and main19 tain rural sanitation projects for rural and Native villages

20 in Alaska. Not later than 18 months after the date of the

21 enactment of this Act, the Secretary shall transmit findings

22 and recommendations on the agency’s capability, together

23 with recommendations on the advisability of assuming such

24 a mission.
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1 SEC. 402. MCDOWELL MOUNTAIN, ARIZONA.

2 The Secretary shall credit the non-Federal share of the

3 cost of the feasibility study on the McDowell Mountain

4 project an amount equivalent to the cost of work performed

5 by the city of Scottsdale, Arizona, and accomplished prior

6 to the city’s entering into an agreement with the Secretary

7 if the Secretary determines that the work is necessary for

8 the study.

9 SEC. 403. NOGALES WASH AND TRIBUTARIES, ARIZONA.

10 (a) STUDY.—The Secretary shall conduct a study of

11 the relationship of flooding in Nogales, Arizona, and

12 floodflows emanating from Mexico.

13 (b) REPORT.—The Secretary shall transmit to Con14 gress a report on the results of the study conducted under

15 subsection (a), together with recommendations concerning

16 the appropriate level of non-Federal participation in the

17 project for flood control, Nogales Wash and tributaries, Ari18 zona, authorized by section 101(a)(4) of the Water Re19 sources Development Act of 1990 (104 Stat. 4606).

20 SEC. 404. GARDEN GROVE, CALIFORNIA.

21 The Secretary shall conduct a study to assess the fea22 sibility of implementing improvements in the regional flood

23 control system within Garden Grove, California.

24 SEC. 405. MUGU LAGOON, CALIFORNIA.

25 (a) STUDY.—The Secretary shall conduct a study of

26 the environmental impacts associated with sediment trans-
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1 port, flood flows, and upstream watershed land use prac2 tices on Mugu Lagoon, California. The study shall include

3 an evaluation of alternatives for the restoration of the estua4 rine ecosystem functions and values associated with Mugu

5 Lagoon and the endangered and threatened species inhabit6 ing the area.

7 (b) CONSULTATION AND COORDINATION.—In conduct8 ing the study, the Secretary shall consult with the Secretary

9 of the Navy and shall coordinate with State and local re10 source agencies to assure that the study is compatible with

11 restoration efforts for the Calleguas Creek watershed.

12 (c) REPORT.—Not later than 24 months after the date

13 of the enactment of this Act, the Secretary shall transmit

14 to Congress a report on the results of the study.

15 SEC. 406. SANTA YNEZ, CALIFORNIA.

16 (a) PLANNING.—Not later than 1 year after the date

17 of the enactment of this Act, the Secretary shall prepare

18 a comprehensive river basin management plan addressing

19 the long term ecological, economic, and flood control needs

20 of the Santa Ynez River basin, California. In preparing

21 such plan, the Secretary shall consult the Santa Barbara

22 Flood Control District and other affected local governmental

23 entities.

24 (b) TECHNICAL ASSISTANCE.—The Secretary shall

25 provide technical assistance to the Santa Barbara Flood
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1 Control District with respect to implementation of the plan

2 to be prepared under subsection (a).

3 SEC. 407. SOUTHERN CALIFORNIA INFRASTRUCTURE.

4 Section 116(d)(3) of the Water Resources Development

5 Act of 1990 (104 Stat. 4624) is amended by striking

6 ‘‘$1,500,000’’ and inserting ‘‘$7,500,000’’.

7 SEC. 408. YOLO BYPASS, SACRAMENTO-SAN JOAQUIN

8 DELTA, CALIFORNIA.

9 The Secretary shall study the advisability of acquiring

10 land in the vicinity of the Yolo Bypass in the Sacramento11 San Joaquin Delta, California, for the purpose of environ12 mental mitigation for the flood control project for Sac13 ramento, California, and other water resources projects in

14 the area.

15 SEC. 409. CHAIN OF ROCKS CANAL, ILLINOIS.

16 The Secretary shall complete a limited reevaluation of

17 the authorized St. Louis Harbor Project in the vicinity of

18 the Chain of Rocks Canal, Illinois, and consistent with the

19 authorized purposes of that project, to include evacuation

20 of waters interior to the Chain of Rocks Canal East Levee.

21 SEC. 410. QUINCY, ILLINOIS.

22 (a) STUDY.—The Secretary shall study and evaluate

23 the critical infrastructure of the Fabius River Drainage

24 District, the South Quincy Drainage and Levee District,
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1 the Sny Island Levee Drainage District, and the city of

2 Quincy, Illinois—

3 (1) to determine if additional flood protection

4 needs of such infrastructure should be identified or

5 implemented;

6 (2) to produce a definition of critical infrastruc7 ture;

8 (3) to develop evaluation criteria; and

9 (4) to enhance existing geographic information

10 system databases to encompass relevant data that

11 identify critical infrastructure for use in emergencies

12 and in routine operation and maintenance activities.

13 (b) CONSIDERATION OF OTHER STUDIES.—In con14 ducting the study under this section, the Secretary shall

15 consider the recommendations of the Interagency Flood16 plain Management Committee Report, the findings of the

17 Floodplain Management Assessment of the Upper Mis18 sissippi River and Lower Missouri Rivers and Tributaries,

19 and other relevant studies and findings.

20 (c) REPORT.—Not later than 1 year after the date of

21 the enactment of this Act, the Secretary shall transmit to

22 Congress a report on the results of the study, together with

23 recommendations regarding each of the purposes of the

24 study described in paragraphs (1) through (4) of subsection

25 (a).
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1 SEC. 411. SPRINGFIELD, ILLINOIS.

2 The Secretary shall provide technical, planning, and

3 design assistance to the city of Springfield, Illinois, in de4 veloping—

5 (1) an environmental impact statement for the

6 proposed development of a water supply reservoir, in7 cluding the preparation of necessary documentation

8 in support of the environmental impact statement;

9 and

10 (2) an evaluation of technical, economic, and en11 vironmental impacts of such development.

12 SEC. 412. BEAUTY CREEK WATERSHED, VALPARAISO CITY,

13 PORTER COUNTY, INDIANA.

14 The Secretary shall conduct a study to assess the fea15 sibility of implementing streambank erosion control meas16 ures and flood control measures within the Beauty Creek

17 watershed, Valparaiso City, Porter County, Indiana.

18 SEC. 413. GRAND CALUMET RIVER, HAMMOND, INDIANA.

19 (a) STUDY.—The Secretary shall conduct a study to

20 establish a methodology and schedule to restore the wetlands

21 at Wolf Lake and George Lake in Hammond, Indiana.

22 (b) REPORT.—Not later than 1 year after the date of

23 the enactment of this Act, the Secretary shall transmit to

24 Congress a report on the results of the study conducted

25 under subsection (a).
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1 SEC. 414. INDIANA HARBOR CANAL, EAST CHICAGO, LAKE

2 COUNTY, INDIANA.

3 The Secretary shall conduct a study of the feasibility

4 of including environmental and recreational features, in5 cluding a vegetation buffer, as part of the project for navi6 gation, Indiana Harbor Canal, East Chicago, Lake County,

7 Indiana, authorized by the first section of the Rivers and

8 Harbors Appropriations Act of June 25, 1910 (36 Stat.

9 657).

10 SEC. 415. KOONTZ LAKE, INDIANA.

11 The Secretary shall conduct a study of the feasibility

12 of implementing measures to restore Koontz Lake, Indiana,

13 including measures to remove silt, sediment, nutrients,

14 aquatic growth, and other noxious materials from Koontz

15 Lake, measures to improve public access facilities to Koontz

16 Lake, and measures to prevent or abate the deposit of sedi17 ments and nutrients in Koontz Lake.

18 SEC. 416. LITTLE CALUMET RIVER, INDIANA.

19 (a) STUDY.—The Secretary shall conduct a study of

20 the impact of the project for flood control, Little Calumet

21 River, Indiana, authorized by section 401(a) of the Water

22 Resources Development Act of 1986 (100 Stat. 4115), on

23 flooding and water quality in the vicinity of the Black Oak

24 area of Gary, Indiana.

25 (b) REPORT.—Not later than 1 year after the date of

26 the enactment of this Act, the Secretary shall transmit to
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1 Congress a report on the results of the study conducted

2 under subsection (a), together with recommendations for

3 cost-effective remediation of impacts described in subsection

4 (a).

5 (c) FEDERAL SHARE.—The Federal share of the cost

6 of the study to be conducted under subsection (a) shall be

7 100 percent.

8 SEC. 417. TIPPECANOE RIVER WATERSHED, INDIANA.

9 (a) STUDY.—The Secretary shall conduct a study of

10 water quality and environmental restoration needs in the

11 Tippecanoe River watershed, Indiana, including measures

12 necessary to reduce siltation in Lake Shafer and Lake Free13 man.

14 (b) ASSISTANCE.—The Secretary shall provide tech15 nical, planning, and design assistance to the Shafer Free16 man Lakes Environmental Conservation Corporation in

17 addressing potential environmental restoration activities

18 determined as a result of the study conducted under sub19 section (a).

20 SEC. 418. CALCASIEU SHIP CHANNEL, HACKBERRY, LOUISI21 ANA.

22 The Secretary shall conduct a study to determine the

23 need for improved navigation and related support service

24 structures in the vicinity of the Calcasieu Ship Channel,

25 Hackberry, Louisiana.
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1 SEC. 419. HURON RIVER, MICHIGAN.

2 The Secretary shall conduct a study to determine the

3 need for channel improvements and associated modifica4 tions for the purpose of providing a harbor of refuge at

5 Huron River, Michigan.

6 SEC. 420. SACO RIVER, NEW HAMPSHIRE.

7 The Secretary shall conduct a study of flood control

8 problems along the Saco River in Hart’s Location, New

9 Hampshire, for the purpose of evaluating retaining walls,

10 berms, and other structures with a view to potential solu11 tions involving repair or replacement of existing structures

12 and shall consider other alternatives for flood damage re13 duction.

14 SEC. 421. BUFFALO RIVER GREENWAY, NEW YORK.

15 The Secretary shall conduct a study of a potential

16 greenway trail project along the Buffalo River between the

17 park system of the city of Buffalo, New York, and Lake

18 Erie. Such study shall include preparation of an integrated

19 plan of development that takes into consideration the adja20 cent parks, nature preserves, bikeways, and related rec21 reational facilities.

22 SEC. 422. PORT OF NEWBURGH, NEW YORK.

23 The Secretary shall conduct a study of the feasibility

24 of carrying out improvements for navigation at the port

25 of Newburgh, New York.
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1 SEC. 423. PORT OF NEW YORK-NEW JERSEY SEDIMENT

2 STUDY.

3 (a) STUDY OF MEASURES TO REDUCE SEDIMENT

4 DEPOSITION.—The Secretary shall conduct a study of meas5 ures that could reduce sediment deposition in the vicinity

6 of the Port of New York-New Jersey for the purpose of reduc7 ing the volumes to be dredged for navigation projects in the

8 Port.

9 (b) DREDGED MATERIAL DISPOSAL STUDY.—The Sec10 retary shall conduct a study to determine the feasibility of

11 constructing and operating an underwater confined dredged

12 material disposal site in the Port of New York-New Jersey

13 which could accommodate as much as 250,000 cubic yards

14 of dredged materials for the purpose of demonstrating the

15 feasibility of an underwater confined disposal pit as an en16 vironmentally suitable method of containing certain sedi17 ments.

18 (c) REPORT.—The Secretary shall transmit to Con19 gress a report on the results of the studies conducted under

20 this section, together with any recommendations of the Sec21 retary concerning reduction of sediment deposition referred

22 to in subsection (a).

23 SEC. 424. PORT OF NEW YORK-NEW JERSEY NAVIGATION

24 STUDY.

25 The Secretary shall conduct a comprehensive study of

26 navigation needs at the Port of New York-New Jersey (in-
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1 cluding the South Brooklyn Marine and Red Hook Con2 tainer Terminals, Staten Island, and adjacent areas) to ad3 dress improvements, including deepening of existing chan4 nels to depths of 50 feet or greater, that are required to

5 provide economically efficient and environmentally sound

6 navigation to meet current and future requirements.

7 SEC. 425. CHAGRIN RIVER, OHIO.

8 The Secretary shall conduct a study of flooding prob9 lems along the Chagrin River in Eastlake, Ohio. In con10 ducting such study, the Secretary shall evaluate potential

11 solutions to flooding from all sources, including that result12 ing from ice jams, and shall evaluate the feasibility of a

13 sedimentation collection pit and other potential measures

14 to reduce flooding.

15 SEC. 426. CUYAHOGA RIVER, OHIO.

16 The Secretary shall conduct a study to evaluate the

17 integrity of the bulkhead system located on the Federal

18 channel along the Cuyahoga River in the vicinity of Cleve19 land, Ohio, and shall provide to the non-Federal interest

20 an analysis of costs and repairs of the bulkhead system.

21 SEC. 427. CHARLESTON, SOUTH CAROLINA, ESTUARY.

22 The Secretary is authorized to conduct a study of the

23 Charleston estuary area located in Charleston, Berkeley,

24 and Dorchester Counties, South Carolina, for the purpose

25 of evaluating environmental conditions in the tidal reaches
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1 of the Ashley, Cooper, Stono, and Wando Rivers and the

2 lower portions of Charleston Harbor.

3 SEC. 428. MUSTANG ISLAND, CORPUS CHRISTI, TEXAS.

4 The Secretary shall conduct a study of navigation

5 along the south-central coast of Texas near Corpus Christi

6 for the purpose of determining the feasibility of constructing

7 and maintaining the Packery Channel on the southern por8 tion of Mustang Island.

9 SEC. 429. PRINCE WILLIAM COUNTY, VIRGINIA.

10 The Secretary shall conduct a study of flooding, ero11 sion, and other water resources problems in Prince William

12 County, Virginia, including an assessment of wetlands pro13 tection, erosion control, and flood damage reduction needs

14 of the County.

15 SEC. 430. PACIFIC REGION.

16 (a) STUDY.—The Secretary is authorized to conduct

17 studies in the interest of navigation in that part of the Pa18 cific region that includes American Samoa, Guam, and the

19 Commonwealth of the Northern Mariana Islands.

20 (b) COST SHARING.—The cost sharing provisions of

21 section 105 of the Water Resources Development Act of 1986

22 (33 U.S.C. 2215; 100 Stat. 4088–4089) shall apply to stud23 ies under this section.
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1 SEC. 431. FINANCING OF INFRASTRUCTURE NEEDS OF

2 SMALL AND MEDIUM PORTS.

3 (a) STUDY.—The Secretary shall conduct a study of

4 alternative financing mechanisms for ensuring adequate

5 funding for the infrastructure needs of small and medium

6 ports.

7 (b) MECHANISMS TO BE STUDIED.—Mechanisms to be

8 studied under subsection (a) shall include the establishment

9 of revolving loan funds.

10 (c) REPORT.—Not later than 180 days after the date

11 of the enactment of this Act, the Secretary shall transmit

12 to Congress a report containing the results of the study con13 ducted under subsection (a).

14 TITLE V—MISCELLANEOUS

15 PROVISIONS

16 SEC. 501. PROJECT DEAUTHORIZATIONS.

17 The following projects are not authorized after the date

18 of the enactment of this Act:

19 (1) BRANFORD HARBOR, CONNECTICUT.—The fol20 lowing portion of the project for navigation, Branford

21 River, Connecticut, authorized by the first section of

22 the Rivers and Harbors Appropriations Act of June

23 13, 1902 (32 Stat. 333): Starting at a point on the

24 Federal channel line whose coordinates are

25 N156181.32, E581572.38, running south 70 degrees

26 11 minutes 8 seconds west a distance of 171.58 feet
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1 to another point on the Federal channel line whose co2 ordinates are N156123.18, E581410.96.

3 (2) BRIDGEPORT HARBOR, CONNECTICUT.—The

4 following portion of the project for navigation,

5 Bridgeport Harbor, Connecticut, authorized by sec6 tion 101 of the River and Harbor Act of 1958 (72

7 Stat. 297): A 2.4-acre anchorage area, 9 feet deep,

8 and an adjacent 0.6-acre anchorage, 6 feet deep, lo9 cated on the west side of Johnsons River.

10 (3) GUILFORD HARBOR, CONNECTICUT.—The fol11 lowing portion of the project for navigation, Guilford

12 Harbor, Connecticut, authorized by section 2 of the

13 Act entitled ‘‘An Act authorizing construction, repair,

14 and preservation of certain public works on rivers

15 and harbors, and for other purposes’’, approved

16 March 2, 1945 (50 Stat. 13): Starting at a point

17 where the Sluice Creek Channel intersects with the

18 main entrance channel, N159194.63, E623201.07,

19 thence running north 24 degrees 58 minutes 15.2 sec20 onds west 478.40 feet to a point N159628.31,

21 E622999.11, thence running north 20 degrees 18 min22 utes 31.7 seconds west 351.53 feet to a point

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

24 degrees 41 minutes 37.9 seconds east 55.000 feet to a

25 point N159977.08, E622928.69, thence turning and
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1 running south 20 degrees 18 minutes 31.0 seconds

2 east 349.35 feet to a point N159649.45, E623049.94,

3 thence turning and running south 24 degrees 58 min4 utes 11.1 seconds east 341.36 feet to a point

5 N159340.00, E623194.04, thence turning and run6 ning south 90 degrees 0 minutes 0 seconds east 78.86

7 feet to a point N159340.00, E623272.90.

8 (4) JOHNSONS RIVER CHANNEL, BRIDGEPORT

9 HARBOR, CONNECTICUT.—The following portion of the

10 project for navigation, Johnsons River Channel,

11 Bridgeport Harbor, Connecticut, authorized by the

12 first section of the Rivers and Harbors Act of July 24,

13 1946 (60 Stat. 634): Northerly of a line across the

14 Federal channel. The coordinates of such line are N

15 123318.35, E 486301.68 and N 123257.15, E

16 486380.77.

17 (5) MYSTIC RIVER, CONNECTICUT.—The follow18 ing portion of the project for improving the Mystic

19 River, Connecticut, authorized by the River and Har20 bor Act approved March 4, 1913 (37 Stat. 802):

21 Beginning in the 15-foot deep channel at coordinates

22 north 190860.82, east 814416.20, thence running

23 southeast about 52.01 feet to the coordinates north

24 190809.47, east 814424.49, thence running southwest

25 about 34.02 feet to coordinates north 190780.46, east
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1 814406.70, thence running north about 80.91 feet to

2 the point of beginning.

3 (6) NORWALK HARBOR, CONNECTICUT.—

4 (A) DEAUTHORIZATION.—The portion of the

5 project for navigation, Norwalk Harbor, Con6 necticut, authorized by the River and Harbor

7 Act of March 2, 1919 (40 Stat. 1276), that lies

8 northerly of a line across the Federal channel

9 having coordinates N104199.72, E417774.12 and

10 N104155.59, E417628.96, and those portions of

11 the 6-foot deep East Norwalk Channel and An12 chorage, authorized by section 2 of the Act enti13 tled ‘‘An Act authorizing the construction, re14 pair, and preservation of certain public works on

15 rivers and harbors, and for other purposes’’, ap16 proved March 2, 1945 (59 Stat. 13), not included

17 in the description of the realignment of the

18 project contained in subparagraph (B).

19 (B) REALIGNMENT DESCRIPTION.—The re20 aligned 6-foot deep East Norwalk Channel and

21 Anchorage is described as follows: starting at a

22 point on the East Norwalk Channel, N95743.02,

23 E419581.37, thence running northwesterly about

24 463.96 feet to a point N96197.93, E419490.18,

25 thence running northwesterly about 549.32 feet
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1 to a point N96608.49, E419125.23, thence run2 ning northwesterly about 384.06 feet to a point

3 N96965.94, E418984.75, thence running north4 westerly about 407.26 feet to a point N97353.87,

5 E418860.78, thence running westerly about

6 58.26 feet to a point N97336.26, E418805.24,

7 thence running northwesterly about 70.99 feet to

8 a point N97390.30, E418759.21, thence running

9 westerly about 71.78 feet to a point on the an10 chorage limit N97405.26, E418689.01, thence

11 running southerly along the western limits of the

12 existing Federal anchorage until reaching a

13 point N95893.74, E419449.17, thence running in

14 a southwesterly direction about 78.74 feet to a

15 point on the East Norwalk Channel N95815.62,

16 E419439.33.

17 (C) REDESIGNATION.—All of the realigned

18 channel shall be redesignated as anchorage, with

19 the exception of that portion of the channel

20 which narrows to a width of 100 feet and termi21 nates at a line whose coordinates are N96456.81,

22 E419260.06, and N96390.37, E419185.32, which

23 shall remain as a channel.

24 (7) SOUTHPORT HARBOR, CONNECTICUT.—
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1 (A) DEAUTHORIZATION PORTION OF

2 PROJECT.—The following portions of the project

3 for navigation, Southport Harbor, Connecticut,

4 authorized by the first section of the Rivers and

5 Harbors Act of August 30, 1935 (49 Stat. 1029):

6 (i) The 6-foot deep anchorage located

7 at the head of the project.

8 (ii) The portion of the 9-foot deep

9 channel beginning at a bend in the channel

10 whose coordinates are north 109131.16, east

11 452653.32 running thence in a northeast12 erly direction about 943.01 feet to a point

13 whose coordinates are north 109635.22, east

14 453450.31 running thence in a southeast15 erly direction about 22.66 feet to a point

16 whose coordinates are north 109617.15, east

17 453463.98 running thence in a southwest18 erly direction about 945.18 feet to the point

19 of beginning.

20 (B) REMAINDER.—The remaining portion

21 of the project referred to in subparagraph (A)

22 northerly of a line whose coordinates are north

23 108699.15, east 452768.36 and north 108655.66,

24 east 452858.73 shall be redesignated as an an25 chorage.
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1 (8) STONY CREEK, BRANFORD, CONNECTICUT.—

2 The following portion of the project for navigation,

3 Stony Creek, Connecticut, authorized under section

4 107 of the River and Harbor Act of 1960 (33 U.S.C.

5 577): The 6-foot maneuvering basin starting at a

6 point N157031.91, E599030.79, thence running

7 northeasterly about 221.16 feet to a point

8 N157191.06, E599184.37, thence running northerly

9 about 162.60 feet to a point N157353.56, E599189.99,

10 thence running southwesterly about 358.90 feet to the

11 point of origin.

12 (9) YORK HARBOR, MAINE.—That portion of the

13 project for navigation, York Harbor, Maine, author14 ized by section 101 of the River and Harbor Act of

15 1960 (74 Stat. 480), located in the 8-foot deep anchor16 age area beginning at coordinates N 109340.19, E

17 372066.93, thence running north 65 degrees 12 min18 utes 10.5 seconds E 423.27 feet to a point N

19 109517.71, E372451.17, thence running north 28 de20 grees 42 minutes 58.3 seconds west 11.68 feet to a

21 point N 109527.95, E 372445.56, thence running

22 south 63 degrees 37 minutes 24.6 seconds west 422.63

23 feet returning to the point of beginning and that por24 tion in the 8-foot deep anchorage area beginning at

25 coordinates N 108557.24, E 371645.88, thence run-
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1 ning south 60 degrees 41 minutes 17.2 seconds east

2 484.51 feet to a point N 108320.04, E 372068.36,

3 thence running north 29 degrees 12 minutes 53.3 sec4 onds east 15.28 feet to a point N 108333.38, E

5 372075.82, thence running north 62 degrees 29 min6 utes 42.1 seconds west 484.73 feet returning to the

7 point of beginning.

8 (10) CHELSEA RIVER, BOSTON HARBOR, MASSA9 CHUSETTS.—The following portion of the project for

10 navigation, Boston Harbor, Massachusetts, authorized

11 by section 101 of the River and Harbor Act of 1962

12 (76 Stat. 1173), consisting of a 35-foot deep channel

13 in the Chelsea River: Beginning at a point on the

14 northern limit of the existing project N505357.84,

15 E724519.19, thence running northeasterly about

16 384.19 feet along the northern limit of the existing

17 project to a bend on the northern limit of the existing

18 project N505526.87, E724864.20, thence running

19 southeasterly about 368.00 feet along the northern

20 limit of the existing project to another point

21 N505404.77, E725211.35, thence running westerly

22 about 594.53 feet to a point N505376.12, E724617.51,

23 thence running southwesterly about 100.00 feet to the

24 point of origin.
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1 (11) COHASSET HARBOR, COHASSET, MASSACHU2 SETTS.—The following portions of the project for

3 navigation, Cohasset Harbor, Massachusetts, author4 ized under section 107 of the River and Harbor Act

5 of 1960 (33 U.S.C. 577):

6 (A) The portion starting at a point

7 N453510.15, E792664.63, thence running south

8 53 degrees 07 minutes 05.4 seconds west 307.00

9 feet to a point N453325.90, E792419.07, thence

10 running north 57 degrees 56 minutes 36.8 sec11 onds west 201.00 feet to a point N453432.58,

12 E792248.72, thence running south 88 degrees 57

13 minutes 25.6 seconds west 50.00 feet to a point

14 N453431.67, E792198.73, thence running north

15 01 degree 02 minutes 52.3 seconds west 66.71 feet

16 to a point N453498.37, E792197.51, thence run17 ning north 69 degrees 12 minutes 52.3 seconds

18 east 332.32 feet to a point N453616.30,

19 E792508.20, thence running south 55 degrees 50

20 minutes 24.1 seconds east 189.05 feet to the point

21 of origin.

22 (B) The portion starting at a point

23 N452886.64, E791287.83, thence running south

24 00 degrees 00 minutes 00.0 seconds west 56.04

25 feet to a point N452830.60, E791287.83, thence
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1 running north 90 degrees 00 minutes 00.0 sec2 onds west 101.92 feet to a point, N452830.60,

3 E791185.91, thence running north 52 degrees 12

4 minutes 49.7 seconds east 89.42 feet to a point,

5 N452885.39, E791256.58, thence running north

6 87 degrees 42 minutes 33.8 seconds east 31.28

7 feet to the point of origin.

8 (C) The portion starting at a point,

9 N452261.08, E792040.24, thence running north

10 89 degrees 07 minutes 19.5 seconds east 118.78

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

12 running south 43 degrees 39 minutes 06.8 sec13 onds west 40.27 feet to a point, N452233.76,

14 E792131.21, thence running north 74 degrees 33

15 minutes 29.1 seconds west 94.42 feet to a point,

16 N452258.90, E792040.20, thence running north

17 01 degree 03 minutes 04.3 seconds east 2.18 feet

18 to the 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 101

23 of the River and Harbor Act of 1948 (62 Stat.

24 1172):
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1 (i) The portion commencing at a point

2 north 199286.37 east 844394.81 a line run3 ning north 73 degrees 09 minutes 29 sec4 onds 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 line

15 running north 43 degrees 09 minutes 33.1

16 seconds east 767.15 feet to a point north

17 200207.01 east 845560.00, thence turning

18 and running north 11 degrees 04 minutes

19 24.3 seconds west 380.08 feet to a point

20 north 200580.01 east 845487.00, thence

21 turning and running north 22 degrees 05

22 minutes 50.8 seconds east 1332.36 feet to a

23 point north 201814.50 east 845988.21,

24 thence turning and running north 02 de25 grees 54 minutes 15.7 seconds east 15.0 feet
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1 to a point north 201829.48 east 845988.97,

2 thence turning and running south 24 de3 grees 56 minutes 42.3 seconds west 1410.29

4 feet returning to the point north 200550.75

5 east 845394.18.

6 (B) REDESIGNATION.—The portion of the

7 project for navigation Falmouth, Massachusetts,

8 referred to in subparagraph (A) upstream of a

9 line designated by the 2 points north 199463.18

10 east 844496.40 and north 199350.36 east

11 844544.60 is redesignated as an anchorage area.

12 (13) MYSTIC RIVER, MASSACHUSETTS.—The fol13 lowing portion of the project for navigation, Mystic

14 River, Massachusetts, authorized by section 101 of the

15 River and Harbor Act of 1950 (64 Stat. 164): The 35-

16 foot deep channel beginning at a point on the north17 ern limit of the existing project, N506243.78,

18 E717600.27, thence running easterly about 1000.00

19 feet along the northern limit of the existing project to

20 a point, N506083.42, E718587.33, thence running

21 southerly about 40.00 feet to a point, N506043.94,

22 E718580.91, thence running westerly about 1000.00

23 feet to a point, N506204.29, E717593.85, thence run24 ning northerly about 40.00 feet to the point of origin.
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1 (14) WEYMOUTH-FORE AND TOWN RIVERS, MAS2 SACHUSETTS.—The following portions of the project

3 for navigation, Weymouth-Fore and Town Rivers,

4 Boston Harbor, Massachusetts, authorized by section

5 301 of the River and Harbor Act of 1965 (79 Stat.

6 1089):

7 (A) The 35-foot deep channel beginning at

8 a bend on the southern limit of the existing

9 project, N457394.01, E741109.74, thence running

10 westerly about 405.25 feet to a point,

11 N457334.64, E740708.86, thence running south12 westerly about 462.60 feet to another bend in the

13 southern limit of the existing project,

14 N457132.00, E740293.00, thence running north15 easterly about 857.74 feet along the southern

16 limit of the existing project to the point of ori17 gin.

18 (B) The 15- and 35-foot deep channels be19 ginning at a point on the southern limit of the

20 existing project, N457163.41, E739903.49, thence

21 running northerly about 111.99 feet to a point,

22 N457275.37, E739900.76, thence running west23 erly about 692.37 feet to a point N457303.40,

24 E739208.96, thence running southwesterly about

25 190.01 feet to another point on the southern
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1 limit of the existing project, N457233.17,

2 E739032.41, thence running easterly about

3 873.87 feet along the southern limit of the exist4 ing project to the point of origin.

5 (15) MORRISTOWN HARBOR, NEW YORK.—The

6 following portion of the project for navigation, Mor7 ristown Harbor, New York, authorized by the first

8 section of the Rivers and Harbors Act of January 21,

9 1927 (44 Stat. 1011): The portion that lies north of

10 the north boundary of Morris Street extended.

11 (16) CONNEAUT HARBOR, OHIO.—The most

12 southerly 300 feet of the 1,670-foot long Shore Arm of

13 the project for navigation, Conneaut Harbor, Ohio,

14 authorized by the first section of the Rivers and Har15 bors Appropriation Act of June 25, 1910 (36 Stat.

16 653).

17 (17) OSWEGATCHIE RIVER, OGDENSBURG NEW

18 YORK.—The portion of the Federal channel of the

19 project for navigation, Ogdensburg Harbor, New York,

20 authorized by the first section of the Rivers and Har21 bors Appropriations Act of June 25, 1910 (36 Stat.

22 635), as modified by the first section of the Rivers

23 and Harbors Act of August 30, 1935 (49 Stat. 1037),

24 which is in the Oswegatchie River in Ogdensburg,

25 New York, from the southernmost alignment of the
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1 Route 68 bridge upstream to the northernmost align2 ment of the Lake Street bridge.

3 (18) APPONAUG COVE, WARWICK, RHODE IS4 LAND.—The following portion of the project for navi5 gation, Apponaug Cove, Rhode Island, authorized

6 under section 101 of the River and Harbor Act of

7 1960 (74 Stat. 480): The 6-foot channel bounded by

8 coordinates N223269.93, E513089.12; N223348.31,

9 E512799.54; N223251.78, E512773.41; and

10 N223178.0, E513046.0.

11 (19) PORT WASHINGTON HARBOR, WISCONSIN.—

12 The following portion of the navigation project for

13 Port Washington Harbor, Wisconsin, authorized by

14 the Rivers and Harbors Appropriations Act of July

15 11, 1870 (16 Stat. 223): Beginning at the northwest

16 corner of project at Channel Pt. No. 36, of the Federal

17 Navigation Project, Port Washington Harbor,

18 Ozaukee County, Wisconsin, at coordinates

19 N513529.68, E2535215.64, thence 188 degrees 31

20 minutes 59 seconds, a distance of 178.32 feet, thence

21 196 degrees 47 minutes 17 seconds, a distance of

22 574.80 feet, thence 270 degrees 58 minutes 25 seconds,

23 a distance of 465.50 feet, thence 178 degrees 56 min24 utes 17 seconds, a distance of 130.05 feet, thence 87

25 degrees 17 minutes 05 seconds, a distance of 510.22
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1 feet, thence 104 degrees 58 minutes 31 seconds, a dis2 tance of 178.33 feet, thence 115 degrees 47 minutes 55

3 seconds, a distance of 244.15 feet, thence 25 degrees 12

4 minutes 08 seconds, a distance of 310.00 feet, thence

5 294 degrees 46 minutes 50 seconds, a distance of

6 390.20 feet, thence 16 degrees 56 minutes 16 seconds,

7 a distance of 570.90 feet, thence 266 degrees 01 min8 utes 25 seconds, a distance of 190.78 feet to Channel

9 Pt. No. 36, point of beginning.

10 SEC. 502. PROJECT REAUTHORIZATIONS.

11 (a) GRAND PRAIRIE REGION AND BAYOU METO BASIN,

12 ARKANSAS.—The project for flood control, Grand Prairie

13 Region and Bayou Meto Basin, Arkansas, authorized by

14 section 204 of the Flood Control Act of 1950 (64 Stat. 174)

15 and deauthorized pursuant to section 1001(b)(1) of the

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

17 579a(b)(1)), is authorized to be carried out by the Sec18 retary; except that the scope of the project includes ground

19 water protection and conservation, agricultural water sup20 ply, and waterfowl management.

21 (b) WHITE RIVER, ARKANSAS.—The project for navi22 gation, White River Navigation to Batesville, Arkansas, au23 thorized by section 601(a) of the Water Resources Develop24 ment Act of 1986 (100 Stat. 4139) and deauthorized by sec25 tion 52(b) of the Water Resources Development Act of 1988
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1 (102 Stat. 4045), is authorized to be carried out by the Sec2 retary.

3 (c) DES PLAINES RIVER, ILLINOIS.—The project for

4 wetlands research, Des Plaines River, Illinois, authorized

5 by section 45 of the Water Resources Development Act of

6 1988 (102 Stat. 4041) and deauthorized pursuant to section

7 1001 of the Water Resources Development Act of 1986 (33

8 U.S.C. 579a(b)), is authorized to be carried out by the Sec9 retary.

10 (d) ALPENA HARBOR, MICHIGAN.—The project for

11 navigation, Alpena Harbor, Michigan, authorized by sec12 tion 301 of the River and Harbor Act of 1965 (79 Stat.

13 1090) and deauthorized pursuant to section 1001 of the

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

15 579a(b)), is authorized to be carried out by the Secretary.

16 (e) ONTONAGON HARBOR, ONTONAGON COUNTY,

17 MICHIGAN.—The project for navigation, Ontonagon Har18 bor, Ontonagon County, Michigan, authorized by section

19 101 of the River and Harbor Act of 1962 (76 Stat. 1176)

20 and deauthorized pursuant to section 1001 of the Water Re21 sources Development Act of 1986 (33 U.S.C. 579a(b)), is

22 authorized to be carried out by the Secretary.

23 (f) KNIFE RIVER HARBOR, MINNESOTA.—The project

24 for navigation, Knife River Harbor, Minnesota, authorized

25 by section 100 of the Water Resources Development Act of
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1 1974 (88 Stat. 41) and deauthorized pursuant to section

2 1001 of the Water Resources Development Act of 1986 (33

3 U.S.C. 579a(b)), is authorized to be carried out by the Sec4 retary.

5 (g) CLIFFWOOD BEACH, NEW JERSEY.—The project

6 for hurricane-flood protection and beach erosion control on

7 Raritan Bay and Sandy Hook Bay, New Jersey, authorized

8 by section 203 of the Flood Control Act of 1962 (76 Stat.

9 118) and deauthorized pursuant to section 1001 of the

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

11 579a(b)), is authorized to be carried out by the Secretary.

12 SEC. 503. CONTINUATION OF AUTHORIZATION OF CERTAIN

13 PROJECTS.

14 (a) GENERAL RULE.—Notwithstanding section 1001 of

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

16 579a), the following projects shall remain authorized to be

17 carried out by the Secretary:

18 (1) CEDAR RIVER HARBOR, MICHIGAN.—The

19 project for navigation, Cedar River Harbor, Michi20 gan, authorized by section 301 of the River and Har21 bor Act of 1965 (79 Stat. 1090).

22 (2) CROSS VILLAGE HARBOR, MICHIGAN.—The

23 project for navigation, Cross Village Harbor, Michi24 gan, authorized by section 101 of the River and Har25 bor Act of 1966 (80 Stat. 1405).
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1 (b) LIMITATION.—A project described in subsection (a)

2 shall not be authorized for construction after the last day

3 of the 5-year period that begins on the date of the enactment

4 of this Act unless, during such period, funds have been obli5 gated for the construction (including planning and design)

6 of the project.

7 SEC. 504. LAND CONVEYANCES.

8 (a) OAKLAND INNER HARBOR TIDAL CANAL PROP9 ERTY, CALIFORNIA.—Section 205 of the Water Resources

10 Development Act of 1990 (104 Stat. 4633) is amended—

11 (1) by inserting after paragraph (2) the follow12 ing new paragraph:

13 ‘‘(3) To adjacent land owners, the United States

14 title to all or portions of that part of the Oakland

15 Inner Harbor Tidal Canal which are located within

16 the boundaries of the city in which such land rests.

17 Such conveyance shall be at fair market value.’’;

18 (2) by inserting after ‘‘right-of-way’’ the follow19 ing: ‘‘or other rights deemed necessary by the Sec20 retary’’; and

21 (3) by adding at the end the following: ‘‘The con22 veyances and processes involved will be at no cost to

23 the United States.’’.

24 (b) MARIEMONT, OHIO.—
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1 (1) IN GENERAL.—The Secretary shall convey to

2 the village of Mariemont, Ohio, for a sum of $85,000

3 all right, title, and interest of the United States in

4 and to a parcel of land (including improvements

5 thereto) under the jurisdiction of the Corps of Engi6 neers and known as the ‘‘Ohio River Division Lab7 oratory’’, as such parcel is described in paragraph

8 (4).

9 (2) TERMS AND CONDITIONS.—The conveyance

10 under paragraph (1) shall be subject to such terms

11 and conditions as the Secretary considers necessary

12 and appropriate to protect the interests of the United

13 States.

14 (3) PROCEEDS.—All proceeds from the convey15 ance under paragraph (1) shall be deposited in the

16 general fund of the Treasury of the United States and

17 credited as miscellaneous receipts.

18 (4) PROPERTY DESCRIPTION.—The parcel of

19 land referred to in paragraph (1) is the parcel situ20 ated in the State of Ohio, County of Hamilton, Town21 ship 4, Fractional Range 2, Miami Purchase, Colum22 bia Township, Section 15, being parts of Lots 5 and

23 6 of the subdivision of the dower tract of the estate

24 of Joseph Ferris as recorded in Plat Book 4, Page

25 112, of the Plat Records of Hamilton County, Ohio,
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1 Recorder’s Office, and more particularly described as

2 follows:

3 Beginning at an iron pin set to mark the

4 intersection of the easterly line of Lot 5 of said

5 subdivision of said dower tract with the north6 erly line of the right-of-way of the Norfolk and

7 Western Railway Company as shown in Plat

8 Book 27, Page 182, Hamilton County, Ohio,

9 Surveyor’s Office, thence with said northerly

10 right-of-way line;

11 South 70 degrees 10 minutes 13 seconds

12 west 258.52 feet to a point; thence leaving the

13 northerly right-of-way of the Norfolk and West14 ern Railway Company;

15 North 18 degrees 22 minutes 02 seconds

16 west 302.31 feet to a point in the south line of

17 Mariemont Avenue; thence along said south line;

18 North 72 degrees 34 minutes 35 seconds east

19 167.50 feet to a point; thence leaving the south

20 line of Mariemont Avenue;

21 North 17 degrees 25 minutes 25 seconds

22 west 49.00 feet to a point; thence

23 North 72 degrees 34 minutes 35 seconds east

24 100.00 feet to a point; thence
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1 South 17 degrees 25 minutes 25 seconds east

2 49.00 feet to a point; thence

3 North 72 degrees 34 minutes 35 seconds east

4 238.90 feet to a point; thence

5 South 00 degrees 52 minutes 07 seconds east

6 297.02 feet to a point in the northerly line of the

7 Norfolk and Western Railway Company; thence

8 with said northerly right-of-way;

9 South 70 degrees 10 minutes 13 seconds

10 west 159.63 feet to a point of beginning, contain11 ing 3.22 acres, more or less.

12 (c) EUFAULA LAKE, OKLAHOMA.—

13 (1) IN GENERAL.—The Secretary shall convey to

14 the city of Eufaula, Oklahoma, all right, title, and in15 terest of the United States in and to a parcel of land

16 consisting of approximately 12.5 acres located at the

17 Eufaula Lake project.

18 (2) CONSIDERATION.—Consideration for the con19 veyance under paragraph (1) shall be the fair market

20 value of the parcel (as determined by the Secretary)

21 and payment of all costs of the United States in mak22 ing the conveyance, including the costs of—

23 (A) the survey required under paragraph

24 (4);
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1 (B) any other necessary survey or survey

2 monumentation;

3 (C) compliance with the National Environ4 mental Policy Act of 1969 (42 U.S.C. 4321 et

5 seq.); and

6 (D) any coordination necessary with respect

7 to requirements relating to endangered species,

8 cultural resources, and clean air (including the

9 costs of agency consultation and public hear10 ings).

11 (3) LAND SURVEYS.—The exact acreage and de12 scription of the parcel to be conveyed under para13 graph (1) shall be determined by such surveys as the

14 Secretary considers necessary, which shall be carried

15 out to the satisfaction of the Secretary.

16 (4) ENVIRONMENTAL BASELINE SURVEY.—Prior

17 to making the conveyance under paragraph (1), the

18 Secretary shall conduct an environmental baseline

19 survey to determine the levels of any contamination

20 (as of the date of the survey) for which the United

21 States would be responsible under the Comprehensive

22 Environmental Response, Compensation, and Liabil23 ity Act of 1980 (42 U.S.C. 9601 et seq.) and any

24 other applicable law.
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1 (5) CONDITIONS CONCERNING RIGHTS AND EASE2 MENT.—The conveyance under paragraph (1) shall be

3 subject to existing rights and to retention by the

4 United States of a flowage easement over all portions

5 of the parcel that lie at or below the flowage easement

6 contour for the Eufaula Lake project.

7 (6) OTHER TERMS AND CONDITIONS.—The con8 veyance under paragraph (1) shall be subject to such

9 other terms and conditions as the Secretary considers

10 necessary and appropriate to protect the interests of

11 the United States.

12 (d) BOARDMAN, OREGON.—

13 (1) IN GENERAL.—The Secretary shall convey to

14 the city of Boardman, Oregon, all right, title, and in15 terest of the United States in and to a parcel of land

16 consisting of approximately 141 acres acquired as

17 part of the John Day Lock and Dam project in the

18 vicinity of such city currently under lease to the

19 Boardman Park and Recreation District.

20 (2) CONSIDERATION.—

21 (A) PARK AND RECREATION PROPERTIES.—

22 Properties to be conveyed under this subsection

23 that will be retained in public ownership and

24 used for public park and recreation purposes

25 shall be conveyed without consideration. If any
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1 such property is no longer used for public park

2 and recreation purposes, then title to such prop3 erty shall revert to the Secretary.

4 (B) OTHER PROPERTIES.—Properties to be

5 conveyed under this subsection and not described

6 in subparagraph (A) shall be conveyed at fair

7 market value.

8 (3) CONDITIONS CONCERNING RIGHTS AND EASE9 MENT.—The conveyance of properties under this sub10 section shall be subject to existing first rights of re11 fusal regarding acquisition of such properties and to

12 retention of a flowage easement over portions of the

13 properties that the Secretary determines to be nec14 essary for operation of the project.

15 (4) OTHER TERMS AND CONDITIONS.—The con16 veyance of properties under this subsection shall be

17 subject to such other terms and conditions as the Sec18 retary considers necessary and appropriate to protect

19 the interests of the United States.

20 (e) TRI-CITIES AREA, WASHINGTON.—

21 (1) GENERAL AUTHORITY.—As soon as prac22 ticable after the date of the enactment of this Act, the

23 Secretary shall make the conveyances to the local gov24 ernments referred to in paragraph (2) of all right,
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1 title, and interest of the United States in and to the

2 property described in paragraph (2).

3 (2) PROPERTY DESCRIPTIONS.—

4 (A) BENTON COUNTY.—The property to be

5 conveyed pursuant to paragraph (1) to Benton

6 County, Washington, is the property in such

7 county which is designated ‘‘Area D’’ on Exhibit

8 A to Army Lease No. DACW–68–1–81–43.

9 (B) FRANKLIN COUNTY, WASHINGTON.—The

10 property to be conveyed pursuant to paragraph

11 (1) to Franklin County, Washington, is—

12 (i) the 105.01 acres of property leased

13 pursuant to Army Lease No. DACW–68–1–

14 77–20 as executed by Franklin County,

15 Washington, on April 7, 1977;

16 (ii) the 35 acres of property leased

17 pursuant to Supplemental Agreement No. 1

18 to Army Lease No. DACW–68–1–77–20;

19 (iii) the 20 acres of property commonly

20 known as ‘‘Richland Bend’’ which is des21 ignated by the shaded portion of Lot 1, Sec22 tion 11, and the shaded portion of Lot 1,

23 Section 12, Township 9 North, Range 28

24 East, W.M. on Exhibit D to Supplemental
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1 Agreement No. 2 to Army Lease No.

2 DACW–68–1–77–20;

3 (iv) the 7.05 acres of property com4 monly known as ‘‘Taylor Flat’’ which is

5 designated by the shaded portion of Lot 1,

6 Section 13, Township 11 North, Range 28

7 East, W.M. on Exhibit D to Supplemental

8 Agreement No. 2 to Army Lease No.

9 DACW–68–1–77–20;

10 (v) the 14.69 acres of property com11 monly known as ‘‘Byers Landing’’ which is

12 designated by the shaded portion of Lots 2

13 and 3, Section 2, Township 10 North,

14 Range 28 East, W.M. on Exhibit D to Sup15 plemental Agreement No. 2 to Army Lease

16 No. DACW–68–1–77–20; and

17 (vi) all levees within Franklin County,

18 Washington, as of the date of the enactment

19 of this Act, and the property upon which

20 the levees are situated.

21 (C) CITY OF KENNEWICK, WASHINGTON.—

22 The property to be conveyed pursuant to para23 graph (1) to the city of Kennewick, Washington,

24 is the property within the city which is subject

25 to the Municipal Sublease Agreement entered
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1 into on April 6, 1989, between Benton County,

2 Washington, and the cities of Kennewick and

3 Richland, Washington.

4 (D) CITY OF RICHLAND, WASHINGTON.—The

5 property to be conveyed pursuant to paragraph

6 (1), to the city of Richland, Washington, is the

7 property within the city which is subject to the

8 Municipal Sublease Agreement entered into on

9 April 6, 1989, between Benton County, Washing10 ton, and the Cities of Kennewick and Richland,

11 Washington.

12 (E) CITY OF PASCO, WASHINGTON.—The

13 property to be conveyed pursuant to paragraph

14 (1), to the city of Pasco, Washington, is—

15 (i) the property within the city of

16 Pasco, Washington, which is leased pursu17 ant to Army Lease No. DACW–68–1–77–10;

18 and

19 (ii) all levees within such city, as of

20 the date of the enactment of this Act, and

21 the property upon which the levees are situ22 ated.

23 (F) PORT OF PASCO, WASHINGTON.—The

24 property to be conveyed pursuant to paragraph

25 (1) to the Port of Pasco, Washington, is—
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1 (i) the property owned by the United

2 States which is south of the Burlington

3 Northern Railroad tracks in Lots 1 and 2,

4 Section 20, Township 9 North, Range 31

5 East, W.M.; and

6 (ii) the property owned by the United

7 States which is south of the Burlington

8 Northern Railroad tracks in Lots 1, 2, 3,

9 and 4, in each of Sections 21, 22, and 23,

10 Township 9 North, Range 31 East, W.M.

11 (G) ADDITIONAL PROPERTIES.—In addition

12 to properties described in subparagraphs (A)

13 through (F), the Secretary may convey to a local

14 government referred to in subparagraphs (A)

15 through (F) such properties under the jurisdic16 tion of the Secretary in the Tri-Cities area as the

17 Secretary and the local government agree are ap18 propriate for conveyance.

19 (3) TERMS AND CONDITIONS.—

20 (A) IN GENERAL.—The conveyances under

21 paragraph (1) shall be subject to such terms and

22 conditions as the Secretary considers necessary

23 and appropriate to protect the interests of the

24 United States.
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1 (B) SPECIAL RULES FOR FRANKLIN COUN2 TY.—The property described in paragraph

3 (2)(B)(vi) shall be conveyed only after Franklin

4 County, Washington, has entered into a written

5 agreement with the Secretary which provides

6 that the United States shall continue to operate

7 and maintain the flood control drainage areas

8 and pump stations on the property conveyed and

9 that the United States shall be provided all ease10 ments and rights necessary to carry out that

11 agreement.

12 (C) SPECIAL RULE FOR CITY OF PASCO.—

13 The property described in paragraph (2)(E)(ii)

14 shall be conveyed only after the city of Pasco,

15 Washington, has entered into a written agree16 ment with the Secretary which provides that the

17 United States shall continue to operate and

18 maintain the flood control drainage areas and

19 pump stations on the property conveyed and

20 that the United States shall be provided all ease21 ments and rights necessary to carry out that

22 agreement.

23 (D) CONSIDERATION.—

24 (i) PARK AND RECREATION PROP25 ERTIES.—Properties to be conveyed under
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1 this subsection that will be retained in pub2 lic ownership and used for public park and

3 recreation purposes shall be conveyed with4 out consideration. If any such property is

5 no longer used for public park and recre6 ation purposes, then title to such property

7 shall revert to the Secretary.

8 (ii) OTHER PROPERTIES.—Properties

9 to be conveyed under this subsection and not

10 described in clause (i) shall be conveyed at

11 fair market value.

12 (4) LAKE WALLULA LEVEES.—

13 (A) DETERMINATION OF MINIMUM SAFE

14 HEIGHT.—

15 (i) CONTRACT.—Within 30 days after

16 the date of the enactment of this Act, the

17 Secretary shall contract with a private en18 tity agreed to under clause (ii) to deter19 mine, within 6 months after such date of

20 enactment, the minimum safe height for the

21 levees of the project for flood control, Lake

22 Wallula, Washington. The Secretary shall

23 have final approval of the minimum safe

24 height.
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1 (ii) AGREEMENT OF LOCAL OFFI2 CIALS.—A contract shall be entered into

3 under clause (i) only with a private entity

4 agreed to by the Secretary, appropriate rep5 resentatives of Franklin County, Washing6 ton, and appropriate representatives of the

7 city of Pasco, Washington.

8 (B) AUTHORITY.—A local government may

9 reduce, at its cost, the height of any levee of the

10 project for flood control, Lake Wallula, Washing11 ton, within the boundaries of such local govern12 ment to a height not lower than the minimum

13 safe height determined pursuant to subparagraph

14 (A).

15 SEC. 505. NAMINGS.

16 (a) MILT BRANDT VISITORS CENTER, CALIFORNIA.—

17 (1) DESIGNATION.—The visitors center at Warm

18 Springs Dam, California, authorized by section 203

19 of the Flood Control Act of 1962 (76 Stat. 1192), shall

20 be known and designated as the ‘‘Milt Brandt Visitors

21 Center’’.

22 (2) LEGAL REFERENCES.—Any reference in a

23 law, map, regulation, document, paper, or other

24 record of the United States to the visitors center re-
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1 ferred to in paragraph (1) shall be deemed to be a ref2 erence to the ‘‘Milt Brandt Visitors Center’’.

3 (b) CARR CREEK LAKE, KENTUCKY.—

4 (1) DESIGNATION.—Carr Fork Lake in Knott

5 County, Kentucky, authorized by section 203 of the

6 Flood Control Act of 1962 (76 Stat. 1188), shall be

7 known and designated as the ‘‘Carr Creek Lake’’.

8 (2) LEGAL REFERENCES.—Any reference in a

9 law, map, regulation, document, paper, or other

10 record of the United States to the lake referred to in

11 paragraph (1) shall be deemed to be a reference to the

12 ‘‘Carr Creek Lake’’.

13 (c) WILLIAM H. NATCHER BRIDGE, MACEO, KEN14 TUCKY, AND ROCKPORT, INDIANA.—

15 (1) DESIGNATION.—The bridge on United States

16 Route 231 which crosses the Ohio River between

17 Maceo, Kentucky, and Rockport, Indiana, shall be

18 known and designated as the ‘‘William H. Natcher

19 Bridge’’.

20 (2) LEGAL REFERENCES.—Any reference in a

21 law, map, regulation, document, paper, or other

22 record of the United States to the bridge referred to

23 in paragraph (1) shall be deemed to be a reference to

24 the ‘‘William H. Natcher Bridge’’.
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1 (d) JOHN T. MYERS LOCK AND DAM, INDIANA AND

2 KENTUCKY.—

3 (1) DESIGNATION.—Uniontown Lock and Dam,

4 on the Ohio River, Indiana and Kentucky, shall be

5 known and designated as the ‘‘John T. Myers Lock

6 and Dam’’.

7 (2) LEGAL REFERENCES.—Any reference in a

8 law, map, regulation, document, paper, or other

9 record of the United States to the lock and dam re10 ferred to in paragraph (1) shall be deemed to be a ref11 erence to the ‘‘John T. Myers Lock and Dam’’.

12 (e) J. EDWARD ROUSH LAKE, INDIANA.—

13 (1) REDESIGNATION.—The lake on the Wabash

14 River in Huntington and Wells Counties, Indiana,

15 authorized by section 203 of the Flood Control Act of

16 1958 (72 Stat. 312), and known as Huntington Lake,

17 shall be known and designated as the ‘‘J. Edward

18 Roush Lake’’.

19 (2) LEGAL REFERENCES.—Any reference in a

20 law, map, regulation, document, paper, or other

21 record of the United States to the lake referred to in

22 paragraph (1) shall be deemed to be a reference to the

23 ‘‘J. Edward Roush Lake’’.

24 (f) RUSSELL B. LONG LOCK AND DAM, RED RIVER

25 WATERWAY, LOUISIANA.—
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1 (1) DESIGNATION.—Lock and Dam 4 of the Red

2 River Waterway, Louisiana, shall be known and des3 ignated as the ‘‘Russell B. Long Lock and Dam’’.

4 (2) LEGAL REFERENCES.—A reference in any

5 law, map, regulation, document, paper, or other

6 record of the United States to the lock and dam re7 ferred to in paragraph (1) shall be deemed to be a ref8 erence to the ‘‘Russell B. Long Lock and Dam’’.

9 (g) ABERDEEN LOCK AND DAM, TENNESSEE10 TOMBIGBEE WATERWAY.—

11 (1) DESIGNATION.—The lock and dam at Mile

12 358 of the Tennessee-Tombigbee Waterway is des13 ignated as the ‘‘Aberdeen Lock and Dam’’.

14 (2) LEGAL REFERENCE.—Any reference in a

15 law, map, regulation, document, paper, or other

16 record of the United States to the lock and dam re17 ferred to in paragraph (1) is deemed to be a reference

18 to the ‘‘Aberdeen Lock and Dam’’.

19 (h) AMORY LOCK, TENNESSEE-TOMBIGBEE WATER20 WAY.—

21 (1) DESIGNATION.—Lock A at Mile 371 of the

22 Tennessee-Tombigbee Waterway is designated as the

23 ‘‘Amory Lock’’.

24 (2) LEGAL REFERENCE.—Any reference in a

25 law, map, regulation, document, paper, or other
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1 record of the United States to the lock referred to in

2 paragraph (1) is deemed to be a reference to the

3 ‘‘Amory Lock’’.

4 (i) FULTON LOCK, TENNESSEE-TOMBIGBEE WATER5 WAY.—

6 (1) DESIGNATION.—Lock C at Mile 391 of the

7 Tennessee-Tombigbee Waterway is designated as the

8 ‘‘Fulton Lock’’.

9 (2) LEGAL REFERENCE.—Any reference in a

10 law, map, regulation, document, paper, or other

11 record of the United States to the lock referred to in

12 paragraph (1) is deemed to be a reference to the ‘‘Ful13 ton Lock’’.

14 (j) HOWELL HEFLIN LOCK AND DAM, TENNESSEE15 TOMBIGBEE WATERWAY.—

16 (1) REDESIGNATION.—The lock and dam at Mile

17 266 of the Tennessee-Tombigbee Waterway, known as

18 the Gainesville Lock and Dam, is redesignated as the

19 ‘‘Howell Heflin Lock and Dam’’.

20 (2) LEGAL REFERENCE.—Any reference in a

21 law, map, regulation, document, paper, or other

22 record of the United States to the lock and dam re23 ferred to in paragraph (1) is deemed to be a reference

24 to the ‘‘Howell Heflin Lock and Dam’’.
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1 (k) G.V. ‘‘SONNY’’ MONTGOMERY LOCK, TENNESSEE2 TOMBIGBEE WATERWAY.—

3 (1) DESIGNATION.—Lock E at Mile 407 of the

4 Tennessee-Tombigbee Waterway is designated as the

5 ‘‘G.V. ‘Sonny’ Montgomery Lock’’.

6 (2) LEGAL REFERENCE.—Any reference in a

7 law, map, regulation, document, paper, or other

8 record of the United States to the lock referred to in

9 paragraph (1) is deemed to be a reference to the ‘‘G.V.

10 ‘Sonny’ Montgomery Lock’’.

11 (l) JOHN RANKIN LOCK, TENNESSEE-TOMBIGBEE WA12 TERWAY.—

13 (1) DESIGNATION.—Lock D at Mile 398 of the

14 Tennessee-Tombigbee Waterway is designated as the

15 ‘‘John Rankin Lock’’.

16 (2) LEGAL REFERENCE.—Any reference in a

17 law, map, regulation, document, paper, or other

18 record of the United States to the lock referred to in

19 paragraph (1) is deemed to be a reference to the

20 ‘‘John Rankin Lock’’.

21 (m) JOHN C. STENNIS LOCK AND DAM, TENNESSEE22 TOMBIGBEE WATERWAY.—

23 (1) REDESIGNATION.—The lock and dam at Mile

24 335 of the Tennessee-Tombigbee Waterway, known as
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1 the Columbus Lock and Dam, is redesignated as the

2 ‘‘John C. Stennis Lock and Dam’’.

3 (2) LEGAL REFERENCE.—Any reference in a

4 law, map, regulation, document, paper, or other

5 record of the United States to the lock and dam re6 ferred to in paragraph (1) is deemed to be a reference

7 to the ‘‘John C. Stennis Lock and Dam’’.

8 (n) JAMIE WHITTEN LOCK AND DAM, TENNESSEE9 TOMBIGBEE WATERWAY.—

10 (1) REDESIGNATION.—The lock and dam at Mile

11 412 of the Tennessee-Tombigbee Waterway, known as

12 the Bay Springs Lock and Dam, is redesignated as

13 the ‘‘Jamie Whitten Lock and Dam’’.

14 (2) LEGAL REFERENCE.—Any reference in a

15 law, map, regulation, document, paper, or other

16 record of the United States to the lock and dam re17 ferred to in paragraph (1) is deemed to be a reference

18 to the ‘‘Jamie Whitten Lock and Dam’’.

19 (o) GLOVER WILKINS LOCK, TENNESSEE-TOMBIGBEE

20 WATERWAY.—

21 (1) DESIGNATION.—Lock B at Mile 376 of the

22 Tennessee-Tombigbee Waterway is designated as the

23 ‘‘Glover Wilkins Lock’’.

24 (2) LEGAL REFERENCE.—Any reference in a

25 law, map, regulation, document, paper, or other
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1 record to the lock referred to in paragraph (1) is

2 deemed to be a reference to the ‘‘Glover Wilkins Lock’’.

3 SEC. 506. WATERSHED MANAGEMENT, RESTORATION, AND

4 DEVELOPMENT.

5 (a) IN GENERAL.—The Secretary is authorized to pro6 vide technical, planning, and design assistance to non-Fed7 eral interests for carrying out watershed management, res8 toration, and development projects at the locations described

9 in subsection (d).

10 (b) SPECIFIC MEASURES.—Assistance provided pursu11 ant to subsection (a) may be in support of non-Federal

12 projects for the following purposes:

13 (1) Management and restoration of water qual14 ity.

15 (2) Control and remediation of toxic sediments.

16 (3) Restoration of degraded streams, rivers, wet17 lands, and other waterbodies to their natural condi18 tion as a means to control flooding, excessive erosion,

19 and sedimentation.

20 (4) Protection and restoration of watersheds, in21 cluding urban watersheds.

22 (5) Demonstration of technologies for non23 structural measures to reduce destructive impact of

24 flooding.
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1 (c) NON-FEDERAL SHARE.—The non-Federal share of

2 the cost of assistance provided under this section shall be

3 50 percent.

4 (d) PROJECT LOCATIONS.—The Secretary may provide

5 assistance under subsection (a) for projects at the following

6 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 Peach16 tree Creek and South Peachtree Creek basin, Georgia.

17 (8) Lower Platte River watershed, Nebraska.

18 (9) Juniata River watershed, Pennsylvania, in19 cluding Raystown Lake.

20 (10) Upper Potomac River watershed, Grant and

21 Mineral Counties, West Virginia.

22 (e) AUTHORIZATION OF APPROPRIATIONS.—There is

23 authorized to be appropriated to carry out this section

24 $25,000,000 for fiscal years beginning after September 30,

25 1996.
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1 SEC. 507. LAKES PROGRAM.

2 Section 602(a) of the Water Resources Development

3 Act of 1986 (100 Stat. 4148–4149) is amended—

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

5 (10);

6 (2) by striking the period at the end of para7 graph (11) and inserting a semicolon; and

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

9 ‘‘(12) Goodyear Lake, Otsego County, New York,

10 removal of silt and aquatic growth;

11 ‘‘(13) Otsego Lake, Otsego County, New York, re12 moval of silt and aquatic growth and measures to ad13 dress high nutrient concentration;

14 ‘‘(14) Oneida Lake, Oneida County, New York,

15 removal of silt and aquatic growth;

16 ‘‘(15) Skaneateles and Owasco Lakes, New York,

17 removal of silt and aquatic growth and prevention of

18 sediment deposit; and

19 ‘‘(16) Twin Lakes, Paris, Illinois, removal of silt

20 and excess aquatic vegetation, including measures to

21 address excessive sedimentation, high nutrient con22 centration, and shoreline erosion.’’.

23 SEC. 508. MAINTENANCE OF NAVIGATION CHANNELS.

24 (a) IN GENERAL.—Upon request of the non-Federal in25 terest, the Secretary shall be responsible for maintenance

26 of the following navigation channels constructed or im-
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1 proved by non-Federal interests if the Secretary determines

2 that such maintenance is economically justified and envi3 ronmentally acceptable and that the channel was con4 structed in accordance with applicable permits and appro5 priate engineering and design standards:

6 (1) Humboldt Harbor and Bay, Fields Landing

7 Channel, California.

8 (2) Mare Island Strait, California; except that,

9 for purposes of this section, the navigation channel

10 shall be deemed to have been constructed or improved

11 by non-Federal interests.

12 (3) Mississippi River Ship Channel, Chalmette

13 Slip, Louisiana.

14 (4) Greenville Inner Harbor Channel, Mis15 sissippi.

16 (5) Providence Harbor Shipping Channel, Rhode

17 Island.

18 (6) Matagorda Ship Channel, Point Comfort

19 Turning Basin, Texas.

20 (7) Corpus Christi Ship Channel, Rincon Canal,

21 Texas.

22 (8) Brazos Island Harbor, Texas, connecting

23 channel to Mexico.

24 (9) Blair Waterway, Tacoma Harbor, Washing25 ton.
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1 (b) COMPLETION OF ASSESSMENT.—Within 6 months

2 of receipt of a request from the non-Federal interest for Fed3 eral assumption of maintenance of a channel listed in sub4 section (a), the Secretary shall make a determination as

5 provided in subsection (a) and advise the non-Federal inter6 est of the Secretary’s determination.

7 SEC. 509. GREAT LAKES REMEDIAL ACTION PLANS AND

8 SEDIMENT REMEDIATION.

9 Section 401 of the Water Resources Development Act

10 of 1990 (104 Stat. 4644) is amended to read as follows:

11 ‘‘SEC. 401. GREAT LAKES REMEDIAL ACTION PLANS AND

12 SEDIMENT REMEDIATION.

13 ‘‘(a) GREAT LAKES REMEDIAL ACTION PLANS.—

14 ‘‘(1) IN GENERAL.—The Secretary is authorized

15 to provide technical, planning, and engineering as16 sistance to State and local governments and non17 governmental entities designated by the State or local

18 government in the development and implementation

19 of remedial action plans for areas of concern in the

20 Great Lakes identified under the Great Lakes Water

21 Quality Agreement of 1978.

22 ‘‘(2) NON-FEDERAL SHARE.—Non-Federal inter23 ests shall contribute, in cash or by providing in-kind

24 contributions, 50 percent of costs of activities for

25 which assistance is provided under paragraph (1).
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1 ‘‘(b) SEDIMENT REMEDIATION DEMONSTRATION

2 PROJECTS.—

3 ‘‘(1) IN GENERAL.—The Secretary, in consulta4 tion with the Administrator of the Environmental

5 Protection Agency (acting through the Great Lakes

6 National Program Office), may conduct pilot- and

7 full-scale demonstration projects of promising tech8 niques to remediate contaminated sediments in fresh9 water coastal regions in the Great Lakes basin. The

10 Secretary must conduct no fewer than 3 full-scale

11 demonstration projects under this subsection.

12 ‘‘(2) SITE SELECTION FOR DEMONSTRATION

13 PROJECTS.—In selecting the sites for the technology

14 demonstration projects, the Secretary shall give prior15 ity consideration to Saginaw Bay, Michigan, Sheboy16 gan Harbor, Wisconsin, Grand Calumet River, Indi17 ana, Ashtabula River, Ohio, Buffalo River, New York,

18 and Duluth/Superior Harbor, Minnesota.

19 ‘‘(3) DEADLINE FOR IDENTIFICATIONS.—Within

20 18 months after the date of the enactment of this sub21 section, the Secretary shall identify the sites and tech22 nologies to be demonstrated and complete each such

23 full-scale demonstration project within 3 years after

24 such date of enactment.
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1 ‘‘(4) NON-FEDERAL SHARE.—Non-Federal inter2 ests shall contribute 50 percent of costs of projects

3 under this subsection. Such costs may be paid in cash

4 or by providing in-kind contributions.

5 ‘‘(5) AUTHORIZATIONS.—There is authorized to

6 be appropriated to the Secretary to carry out this sec7 tion $5,000,000 for each of fiscal years 1997 through

8 2000.’’.

9 SEC. 510. GREAT LAKES DREDGED MATERIAL TESTING AND

10 EVALUATION MANUAL.

11 The Secretary, in cooperation with the Administrator

12 of the Environmental Protection Agency, shall provide tech13 nical assistance to non-Federal interests on testing proce14 dures contained in the Great Lakes Dredged Material Test15 ing and Evaluation Manual developed pursuant to section

16 230.2(c) of title 40, Code of Federal Regulations.

17 SEC. 511. GREAT LAKES SEDIMENT REDUCTION.

18 (a) GREAT LAKES TRIBUTARY SEDIMENT TRANSPORT

19 MODEL.—For each major river system or set of major river

20 systems depositing sediment into a Great Lakes federally

21 authorized commercial harbor, channel maintenance project

22 site, or Area of Concern identified under the Great Lakes

23 Water Quality Agreement of 1978, the Secretary, in con24 sultation and coordination with the Great Lakes States,

25 shall develop a tributary sediment transport model.
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1 (b) REQUIREMENTS FOR MODELS.—In developing a

2 tributary sediment transport model under this section, the

3 Secretary shall—

4 (1) build upon data and monitoring information

5 generated in earlier studies and programs of the

6 Great Lakes and their tributaries; and

7 (2) complete models for 30 major river systems,

8 either individually or in combination as part of a set,

9 within the 5-year period beginning on the date of the

10 enactment of this Act.

11 SEC. 512. GREAT LAKES CONFINED DISPOSAL FACILITIES.

12 (a) ASSESSMENT.—The Secretary shall conduct an as13 sessment of the general conditions of confined disposal fa14 cilities in the Great Lakes.

15 (b) REPORT.—Not later than 3 years after the date

16 of the enactment of this Act, the Secretary shall transmit

17 to Congress a report on the results of the assessment con18 ducted under subsection (a), including the following:

19 (1) A description of the cumulative effects of con20 fined disposal facilities in the Great Lakes.

21 (2) Recommendations for specific remediation

22 actions for each confined disposal facility in the

23 Great Lakes.

24 (3) An evaluation of, and recommendations for,

25 confined disposal facility management practices and
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1 technologies to conserve capacity at such facilities and

2 to minimize adverse environmental effects at such fa3 cilities throughout the Great Lakes system.

4 SEC. 513. CHESAPEAKE BAY RESTORATION AND PROTEC5 TION PROGRAM.

6 (a) ESTABLISHMENT.—The Secretary shall establish a

7 pilot program to provide to non-Federal interests in the

8 Chesapeake Bay watershed technical, planning, design, and

9 construction assistance for water-related environmental in10 frastructure and resource protection and development

11 projects affecting the Chesapeake Bay, including projects for

12 sediment and erosion control, protection of eroding shore13 lines, protection of essential public works, wastewater treat14 ment and related facilities, water supply and related facili15 ties, and beneficial uses of dredged material, and other re16 lated projects.

17 (b) PUBLIC OWNERSHIP REQUIREMENT.—The Sec18 retary may provide assistance for a project under this sec19 tion only if the project is publicly owned and will be pub20 licly operated and maintained.

21 (c) COOPERATION AGREEMENT.—

22 (1) IN GENERAL.—Before providing assistance

23 under this section, the Secretary shall enter into a

24 project cooperation agreement pursuant to section 221

25 of the Flood Control Act of 1970 (84 Stat. 1818) with
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1 a non-Federal interest to provide for technical, plan2 ning, design, and construction assistance for the

3 project.

4 (2) REQUIREMENTS.—Each agreement entered

5 into pursuant to this subsection shall provide for the

6 following:

7 (A) PLAN.—Development by the Secretary,

8 in consultation with appropriate Federal, State,

9 and local officials, of a plan, including appro10 priate engineering plans and specifications and

11 an estimate of expected benefits.

12 (B) LEGAL AND INSTITUTIONAL STRUC13 TURES.—Establishment of such legal and insti14 tutional structures as are necessary to ensure the

15 effective long-term operation and maintenance of

16 the project by the non-Federal interest.

17 (d) COST SHARING.—

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

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

20 project costs of each local cooperation agreement en21 tered into under this section shall be 75 percent.

22 (2) NON-FEDERAL SHARE.—

23 (A) PROVISION OF LANDS, EASEMENTS,

24 RIGHTS-OF-WAY, AND RELOCATIONS.—The non25 Federal interests for a project to which this sec-
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1 tion applies shall provide the lands, easements,

2 rights-of-way, relocations, and dredged material

3 disposal areas necessary for the project.

4 (B) VALUE OF LANDS, EASEMENTS, RIGHTS5 OF-WAY, AND RELOCATIONS.—In determining the

6 non-Federal contribution toward carrying out a

7 local cooperation agreement entered into under

8 this section, the Secretary shall provide credit to

9 a non-Federal interest for the value of lands,

10 easements, rights-of-way, relocations, and

11 dredged material disposal areas provided by the

12 non-Federal interest, except that the amount of

13 credit provided for a project under this para14 graph may not exceed 25 percent of total project

15 costs.

16 (C) OPERATION AND MAINTENANCE

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

18 operation and maintenance of carrying out the

19 agreement under this section shall be 100 per20 cent.

21 (e) APPLICABILITY OF OTHER FEDERAL AND STATE

22 LAWS AND AGREEMENTS.—

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

24 waives, limits, or otherwise affects the applicability of

25 any provision of Federal or State law that would oth-
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1 erwise apply to a project carried out with assistance

2 provided under this section.

3 (2) COOPERATION.—In carrying out this section,

4 the Secretary shall cooperate with the heads of appro5 priate Federal agencies.

6 (f) REPORT.—Not later than December 31, 1998, the

7 Secretary shall transmit to Congress a report on the results

8 of the program carried out under this section, together with

9 a recommendation concerning whether or not the program

10 should be implemented on a national basis.

11 (g) AUTHORIZATION OF APPROPRIATIONS.—There are

12 authorized to be appropriated to carry out this section

13 $15,000,000.

14 SEC. 514. EXTENSION OF JURISDICTION OF MISSISSIPPI

15 RIVER COMMISSION.

16 The jurisdiction of the Mississippi River Commission,

17 established by the first section of the Act of June 28, 1879

18 (33 U.S.C. 641; 21 Stat. 37), is extended to include—

19 (1) all of the area between the eastern side of the

20 Bayou Lafourche Ridge from Donaldsonville, Louisi21 ana, to the Gulf of Mexico and the west guide levee

22 of the Mississippi River from Donaldsonville, Louisi23 ana, to the Gulf of Mexico;

24 (2) Alexander County, Illinois; and
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1 (3) the area in the State of Illinois from the con2 fluence of the Mississippi and Ohio Rivers northward

3 to the vicinity of Mississippi River mile 39.5, includ4 ing the Len Small Drainage and Levee District, inso5 far as such area is affected by the flood waters of the

6 Mississippi River.

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 Corps

12 of Engineers.

13 (b) ANNUAL PASS.—The evaluation under subsection

14 (a) shall include the establishment of an annual pass which

15 costs $10 or less for the use of recreation facilities at

16 Raystown Lake, Pennsylvania.

17 (c) REPORT.—Not later than December 31, 1998, the

18 Secretary shall transmit to Congress a report on the results

19 of the project carried out under this section, together with

20 recommendations concerning whether annual passes for in21 dividual projects should be offered on a nationwide basis.

22 SEC. 516. RECREATION PARTNERSHIP INITIATIVE.

23 (a) IN GENERAL.—The Secretary shall promote Fed24 eral, non-Federal, and private sector cooperation in creat25 ing public recreation opportunities and developing the nec-
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1 essary supporting infrastructure at water resources projects

2 of the Corps of Engineers.

3 (b) INFRASTRUCTURE IMPROVEMENTS.—

4 (1) RECREATION INFRASTRUCTURE IMPROVE5 MENTS.—In demonstrating the feasibility of the pub6 lic-private cooperative, the Secretary shall provide, at

7 Federal expense, such infrastructure improvements as

8 are necessary to support a potential private rec9 reational development at the Raystown Lake Project,

10 Pennsylvania, generally in accordance with the Mas11 ter Plan Update (1994) for the project.

12 (2) AGREEMENT.—The Secretary shall enter into

13 an agreement with an appropriate non-Federal public

14 entity to ensure that the infrastructure improvements

15 constructed by the Secretary on non-project lands

16 pursuant to paragraph (1) are transferred to and op17 erated and maintained by the non-Federal public en18 tity.

19 (3) AUTHORIZATION OF APPROPRIATIONS.—

20 There is authorized to be appropriated to carry out

21 this subsection $4,500,000 for fiscal years beginning

22 after September 30, 1996.

23 (c) REPORT.—Not later than December 31, 1998, the

24 Secretary shall transmit to Congress a report on the results
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1 of the cooperative efforts carried out under this section, in2 cluding the improvements required by subsection (b).

3 SEC. 517. ENVIRONMENTAL INFRASTRUCTURE.

4 Section 219 of the Water Resources Development Act

5 of 1992 (106 Stat. 4836–4837) is amended by adding at

6 the end the following new subsection:

7 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There is

8 authorized to be appropriated for providing construction

9 assistance under this section—

10 ‘‘(1) $10,000,000 for the project described in sub11 section (c)(5);

12 ‘‘(2) $2,000,000 for the project described in sub13 section (c)(6);

14 ‘‘(3) $10,000,000 for the project described in sub15 section (c)(7);

16 ‘‘(4) $11,000,000 for the project described in sub17 section (c)(8);

18 ‘‘(5) $20,000,000 for the project described in sub19 section (c)(16); and

20 ‘‘(6) $20,000,000 for the project described in sub21 section (c)(17).’’.

22 SEC. 518. CORPS CAPABILITY TO CONSERVE FISH AND

23 WILDLIFE.

24 Section 704(b) of the Water Resources Development Act

25 of 1986 (33 U.S.C. 2263(b); 100 Stat. 4157) is amended—
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1 (1) by striking ‘‘$5,000,000’’; and inserting

2 ‘‘$10,000,000’’; and

3 (2) in paragraph (4) by inserting ‘‘and Vir4 ginia’’ after ‘‘Maryland’’.

5 SEC. 519. PERIODIC BEACH NOURISHMENT.

6 The Secretary shall carry out periodic beach nourish7 ment for each of the following projects for a period of 50

8 years beginning on the date of initiation of construction

9 of such project:

10 (1) BROWARD COUNTY, FLORIDA.—Project for

11 shoreline protection, segments II and III, Broward

12 County, Florida.

13 (2) FORT PIERCE, FLORIDA.—Project for shore14 line protection, Fort Pierce, Florida.

15 (3) LEE COUNTY, FLORIDA.—Project for shoreline

16 protection, Lee County, Captiva Island segment, Flor17 ida.

18 (4) PALM BEACH COUNTY, FLORIDA.—Project for

19 shoreline protection, Jupiter/Carlin, Ocean Ridge,

20 and Boca Raton North Beach segments, Palm Beach

21 County, Florida.

22 (5) PANAMA CITY BEACHES, FLORIDA.—Project

23 for shoreline protection, Panama City Beaches, Flor24 ida.
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1 (6) TYBEE ISLAND, GEORGIA.—Project for beach

2 erosion control, Tybee Island, Georgia.

3 SEC. 520. CONTROL OF AQUATIC PLANTS.

4 The Secretary shall carry out under section 104(b) of

5 the River and Harbor Act of 1958 (33 U.S.C. 610(b))—

6 (1) a program to control aquatic plants in Lake

7 St. Clair, Michigan; and

8 (2) program to control aquatic plants in the

9 Schuylkill River, Philadelphia, Pennsylvania.

10 SEC. 521. HOPPER DREDGES.

11 Section 3 of the Act of August 11, 1888 (33 U.S.C.

12 622; 25 Stat. 423), is amended by adding at the end the

13 following:

14 ‘‘(c) PROGRAM TO INCREASE USE OF PRIVATE HOP15 PER DREDGES.—

16 ‘‘(1) INITIATION.—The Secretary shall initiate a

17 program to increase the use of private industry hop18 per dredges for the construction and maintenance of

19 Federal navigation channels.

20 ‘‘(2) READY RESERVE STATUS FOR HOPPER

21 DREDGE WHEELER.—In order to carry out the re22 quirements of this subsection, the Secretary shall, not

23 later than the earlier of 90 days after the date of com24 pletion of the rehabilitation of the hopper dredge

25 McFarland pursuant to section 552 of the Water Re-
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1 sources Development Act of 1996 or January 1, 1998,

2 place the Federal hopper dredge Wheeler in a ready

3 reserve status.

4 ‘‘(3) TESTING AND USE OF READY RESERVE HOP5 PER DREDGE.—The Secretary may periodically per6 form routine tests of the equipment of the vessel

7 placed in a ready reserve status under this subsection

8 to ensure the vessel’s ability to perform emergency

9 work. The Secretary shall not assign any scheduled

10 hopper dredging work to such vessel but shall perform

11 any repairs needed to maintain the vessel in a fully

12 operational condition. The Secretary may place the

13 vessel in active status in order to perform any dredg14 ing work only in the event the Secretary determines

15 that private industry has failed to submit a respon16 sive and responsible bid for work advertised by the

17 Secretary or to carry out the project as required pur18 suant to a contract with the Secretary.

19 ‘‘(4) REPAIR AND REHABILITATION.—The Sec20 retary may undertake any repair and rehabilitation

21 of any Federal hopper dredge, including the vessel

22 placed in ready reserve status under paragraph (2) to

23 allow the vessel to be placed into active status as pro24 vided in paragraph (3).
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1 ‘‘(5) PROCEDURES.—The Secretary shall develop

2 and implement procedures to ensure that, to the max3 imum extent practicable, private industry hopper

4 dredge capacity is available to meet both routine and

5 time-sensitive dredging needs. Such procedures shall

6 include—

7 ‘‘(A) scheduling of contract solicitations to

8 effectively distribute dredging work throughout

9 the dredging season; and

10 ‘‘(B) use of expedited contracting procedures

11 to allow dredges performing routine work to be

12 made available to meet time-sensitive, urgent, or

13 emergency dredging needs.

14 ‘‘(6) REPORT.—Not later than 2 years after the

15 date of the enactment of this subsection, the Secretary

16 shall report to Congress on whether the vessel placed

17 in ready reserve status pursuant to paragraph (2) is

18 needed to be returned to active status or continued in

19 a ready reserve status or whether another Federal

20 hopper dredge should be placed in a ready reserve sta21 tus.

22 ‘‘(7) LIMITATIONS.—

23 ‘‘(A) REDUCTIONS IN STATUS.—The Sec24 retary may not further reduce the readiness sta25 tus of any Federal hopper dredge below a ready
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1 reserve status except any vessel placed in such

2 status for not less than 5 years which the Sec3 retary determines has not been used sufficiently

4 to justify retaining the vessel in such status.

5 ‘‘(B) INCREASE IN ASSIGNMENTS OF DREDG6 ING WORK.—For each fiscal year beginning after

7 the date of the enactment of this subsection, the

8 Secretary shall not assign any greater quantity

9 of dredging work to any Federal hopper dredge

10 in an active status than was assigned to that

11 vessel in the average of the 3 prior fiscal years.

12 ‘‘(8) CONTRACTS; PAYMENT OF CAPITAL COSTS.—

13 The Secretary may enter into a contract for the

14 maintenance and crewing of any vessel retained in a

15 ready reserve status. The capital costs (including de16 preciation costs) of any vessel retained in such status

17 shall be paid for out of funds made available from the

18 Harbor Maintenance Trust Fund and shall not be

19 charged against the Corps of Engineers’ Revolving

20 Fund Account or any individual project cost unless

21 the vessel is specifically used in connection with that

22 project.’’.

23 SEC. 522. DESIGN AND CONSTRUCTION ASSISTANCE.

24 The Secretary shall provide design and construction

25 assistance to non-Federal interests for the following projects:
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1 (1) Repair and rehabilitation of the Lower Gi2 rard Lake Dam, Girard, Ohio, at an estimated total

3 cost of $2,500,000.

4 (2) Repair and upgrade of the dam and appur5 tenant features at Lake Merriweather, Little

6 Calfpasture River, Virginia, at an estimated total

7 cost of $6,000,000.

8 SEC. 523. FIELD OFFICE HEADQUARTERS FACILITIES.

9 Subject to amounts being made available in advance

10 in appropriations Acts, the Secretary may use Plant Re11 placement and Improvement Program funds to design and

12 construct a new headquarters facility for—

13 (1) the New England Division, Waltham, Massa14 chusetts; and

15 (2) the Jacksonville District, Jacksonville, Flor16 ida.

17 SEC. 524. LAKE SUPERIOR CENTER.

18 (a) CONSTRUCTION.—The Secretary shall assist the

19 Minnesota Lake Superior Center authority in the construc20 tion of an educational facility to be used in connection with

21 efforts to educate the public in the economic, recreational,

22 biological, aesthetic, and spiritual worth of Lake Superior

23 and other large bodies of fresh water.

24 (b) PUBLIC OWNERSHIP.—Prior to providing any as25 sistance under subsection (a), the Secretary shall verify that
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1 the facility to be constructed under subsection (a) will be

2 owned by the public authority established by the State of

3 Minnesota to develop, operate, and maintain the Lake Su4 perior Center.

5 (c) AUTHORIZATION OF APPROPRIATIONS.—There is

6 authorized to be appropriated for fiscal years beginning

7 after September 30, 1996, $10,000,000 for the construction

8 of the facility under subsection (a).

9 SEC. 525. JACKSON COUNTY, ALABAMA.

10 The Secretary shall provide technical, planning, and

11 design assistance to non-Federal interests for wastewater

12 treatment and related facilities, remediation of point and

13 nonpoint sources of pollution and contaminated riverbed

14 sediments, and related activities in Jackson County, Ala15 bama, including the city of Stevenson. The Federal cost of

16 such assistance may not exceed $5,000,000.

17 SEC. 526. EARTHQUAKE PREPAREDNESS CENTER OF EXPER18 TISE EXTENSION.

19 The Secretary shall establish an extension of the Earth20 quake Preparedness Center of Expertise for the central

21 United States at an existing district office of the Corps of

22 Engineers near the New Madrid fault.
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1 SEC. 527. QUARANTINE FACILITY.

2 Section 108(c) of the Water Resources Development Act

3 of 1992 (106 Stat. 4816) is amended by striking

4 ‘‘$1,000,000’’ and inserting ‘‘$4,000,000’’.

5 SEC. 528. BENTON AND WASHINGTON COUNTIES, ARKAN6 SAS.

7 Section 220 of the Water Resources Development Act

8 of 1992 (106 Stat. 4836–4837) is amended by adding at

9 the end the following new subsection:

10 ‘‘(c) USE OF FEDERAL FUNDS.—The Secretary may

11 make available to the non-Federal interests funds not to ex12 ceed an amount equal to the Federal share of the total

13 project cost to be used by the non-Federal interests to under14 take the work directly or by contract.’’.

15 SEC. 529. CALAVERAS COUNTY, CALIFORNIA.

16 The Secretary, in cooperation with Federal, State, and

17 local agencies, is authorized—

18 (1) to conduct investigations and surveys of the

19 watershed of the Lower Mokelume River in Calaveras

20 County, California; and

21 (2) to provide technical, planning, and design

22 assistance for abatement and mitigation of degrada23 tion caused by abandoned mines and mining activity

24 in the vicinity of such river.
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1 SEC. 530. PRADO DAM SAFETY IMPROVEMENTS, CALIFOR2 NIA.

3 The Secretary, in coordination with the State of Cali4 fornia, shall provide technical assistance to Orange County,

5 California, in developing appropriate public safety and ac6 cess improvements associated with that portion of Califor7 nia State Route 71 being relocated for the Prado Dam fea8 ture of the project authorized as part of the project for flood

9 control, Santa Ana River Mainstem, California, by section

10 401(a) of the Water Resources Development Act of 1986

11 (100 Stat. 4113).

12 SEC. 531. MANATEE COUNTY, FLORIDA.

13 The project for flood control, Cedar Hammock (Wares

14 Creek), Florida, is authorized to be carried out by the Sec15 retary substantially in accordance with the Final Detailed

16 Project Report and Environmental Assessment, dated April

17 1995, at a total cost of $13,846,000, with an estimated first

18 Federal cost of $8,783,000 and an estimated non-Federal

19 cost of $5,063,000.

20 SEC. 532. TAMPA, FLORIDA.

21 The Secretary may enter into a cooperative agreement

22 under section 230 of this Act with the Museum of Science

23 and Industry, Tampa, Florida, to provide technical, plan24 ning, and design assistance to demonstrate the water qual25 ity functions found in wetlands, at an estimated total Fed26 eral cost of $500,000.
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1 SEC. 533. WATERSHED MANAGEMENT PLAN FOR DEEP

2 RIVER BASIN, INDIANA.

3 (a) DEVELOPMENT.—The Secretary, in consultation

4 with the Natural Resources Conservation Service of the De5 partment of Agriculture, shall develop a watershed manage6 ment plan for the Deep River Basin, Indiana, which in7 cludes Deep River, Lake George, Turkey Creek, and other

8 related tributaries in Indiana.

9 (b) CONTENTS.—The plan to be developed by the Sec10 retary under subsection (a) shall address specific concerns

11 related to the Deep River Basin area, including sediment

12 flow into Deep River, Turkey Creek, and other tributaries;

13 control of sediment quality in Lake George; flooding prob14 lems; the safety of the Lake George Dam; and watershed

15 management.

16 SEC. 534. SOUTHERN AND EASTERN KENTUCKY.

17 (a) ESTABLISHMENT OF PROGRAM.—The Secretary

18 shall establish a program for providing environmental as19 sistance to non-Federal interests in southern and eastern

20 Kentucky. Such assistance may be in the form of design

21 and construction assistance for water-related environmental

22 infrastructure and resource protection and development

23 projects in southern and eastern Kentucky, including

24 projects for wastewater treatment and related facilities,

25 water supply, storage, treatment, and distribution facilities,

26 and surface water resource protection and development.
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1 (b) PUBLIC OWNERSHIP REQUIREMENT.—The Sec2 retary may provide assistance for a project under this sec3 tion only if the project is publicly owned.

4 (c) PROJECT COOPERATION AGREEMENTS.—

5 (1) IN GENERAL.—Before providing assistance

6 under this section, the Secretary shall enter into a

7 project cooperation agreement with a non-Federal in8 terest to provide for design and construction of the

9 project to be carried out with such assistance.

10 (2) REQUIREMENTS.—Each agreement entered

11 into under this subsection shall provide for the follow12 ing:

13 (A) PLAN.—Development by the Secretary,

14 in consultation with appropriate Federal and

15 State officials, of a facilities development plan or

16 resource protection plan, including appropriate

17 plans and specifications.

18 (B) LEGAL AND INSTITUTIONAL STRUC19 TURES.—Establishment of each such legal and

20 institutional structures as are necessary to as21 sure the effective long-term operation of the

22 project by the non-Federal interest.

23 (3) COST SHARING.—

24 (A) IN GENERAL.—Total project costs under

25 each agreement entered into under this sub-
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1 section shall be shared at 75 percent Federal and

2 25 percent non-Federal, except that the non-Fed3 eral interest shall receive credit for the reason4 able costs of design work completed by such in5 terest before entry into the agreement with the

6 Secretary. The Federal share may be in the form

7 of grants or reimbursements of project costs.

8 (B) CREDIT FOR CERTAIN FINANCING

9 COSTS.—In the event of delays in the reimburse10 ment of the non-Federal share of a project, the

11 non-Federal interest shall receive credit for rea12 sonable interest and other associated financing

13 costs necessary for such non-Federal interest to

14 provide the non-Federal share of the project’s

15 cost.

16 (C) LANDS, EASEMENTS, AND RIGHTS-OF17 WAY.—The non-Federal interest shall receive

18 credit for lands, easements, rights-of-way, and

19 relocations provided by the non-Federal interest

20 toward its share of project costs, including for

21 costs associated with obtaining permits necessary

22 for the placement of such project on publicly

23 owned or controlled lands, but not to exceed 25

24 percent of total project costs.
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1 (D) OPERATION AND MAINTENANCE.—Oper2 ation and maintenance costs shall be 100 percent

3 non-Federal.

4 (d) APPLICABILITY OF OTHER FEDERAL AND STATE

5 LAWS.—Nothing in this section shall be construed as

6 waiving, limiting, or otherwise affecting the applicability

7 of any provision of Federal or State law which would other8 wise apply to a project to be carried out with assistance

9 provided under this section.

10 (e) REPORT.—Not later than December 31, 1999, the

11 Secretary shall transmit to Congress a report on the results

12 of the program carried out under this section, together with

13 recommendations concerning whether or not such program

14 should be implemented on a national basis.

15 (f) SOUTHERN AND EASTERN KENTUCKY DEFINED.—

16 For purposes of this section, the term ‘‘southern and eastern

17 Kentucky’’ means Morgan, Floyd, Pulaski, Wayne, Laurel,

18 Knox, Pike, Menifee, Perry, Harlan, Breathitt, Martin,

19 Jackson, Wolfe, Clay, Magoffin, Owsley, Johnson, Leslie,

20 Lawrence, Knott, Bell, McCreary, Rockcastle, Whitley, Lee,

21 and Letcher Counties, Kentucky.

22 (g) AUTHORIZATION OF APPROPRIATIONS.—There is

23 authorized to be appropriated to carry out this section

24 $10,000,000.
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1 SEC. 535. LOUISIANA COASTAL WETLANDS RESTORATION

2 PROJECTS.

3 Section 303(f) of the Coastal Wetlands Planning, Pro4 tection and Restoration Act (16 U.S.C. 3952(f); 104 Stat.

5 4782–4783) is amended—

6 (1) in paragraph (4) by striking ‘‘and (3)’’ and

7 inserting ‘‘(3), and (5)’’; and

8 (2) by adding at the end the following:

9 ‘‘(5) FEDERAL SHARE IN CALENDAR YEARS 1996

10 AND 1997.—Notwithstanding paragraphs (1) and (2),

11 amounts made available in accordance with section

12 306 of this title to carry out coastal wetlands restora13 tion projects under this section in calendar years

14 1996 and 1997 shall provide 90 percent of the cost of

15 such projects.’’.

16 SEC. 536. SOUTHEAST LOUISIANA.

17 (a) FLOOD CONTROL.—The Secretary is directed to

18 proceed with engineering, design, and construction of

19 projects to provide for flood control and improvements to

20 rainfall drainage systems in Jefferson, Orleans, and St.

21 Tammany Parishes, Louisiana, in accordance with the fol22 lowing reports of the New Orleans District Engineer: Jeffer23 son and Orleans Parishes, Louisiana, Urban Flood Control

24 and Water Quality Management, July 1992; Tangipahoa,

25 Techefuncte, and Tickfaw Rivers, Louisiana, June 1991; St.
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1 Tammany Parish, Louisiana, June 1996; and Schneider

2 Canal, Slidell, Louisiana, Hurricane Protection, May 1990.

3 (b) COST SHARING.—The cost of any work performed

4 by the non-Federal interests subsequent to the reports re5 ferred to in subsection (a) and determined by the Secretary

6 to be a compatible and integral part of the projects shall

7 be credited toward the non-Federal share of the projects.

8 (c) FUNDING.—There is authorized to be appropriated

9 $100,000,000 for the initiation and partial accomplishment

10 of projects described in the reports referred to in subsection

11 (a).

12 SEC. 537. RESTORATION PROJECTS FOR MARYLAND, PENN13 SYLVANIA, AND WEST VIRGINIA.

14 (a) IN GENERAL.—

15 (1) COOPERATION AGREEMENTS.—The Secretary

16 shall enter into cooperation agreements with non-Fed17 eral interests to develop and carry out, in cooperation

18 with Federal and State agencies, reclamation and

19 protection projects for the purpose of abating and

20 mitigating surface water quality degradation caused

21 by abandoned mines along—

22 (A) the North Branch of the Potomac River,

23 Maryland, Pennsylvania, and West Virginia;

24 and
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1 (B) the New River, West Virginia, water2 shed.

3 (2) ADDITIONAL MEASURES.—Projects under

4 paragraph (1) may also include measures for the

5 abatement and mitigation of surface water quality

6 degradation caused by the lack of sanitary wastewater

7 treatment facilities or the need to enhance such facili8 ties.

9 (3) CONSULTATION WITH FEDERAL ENTITIES.—

10 Any project under paragraph (1) that is located on

11 lands owned by the United States shall be undertaken

12 in consultation with the Federal entity with adminis13 trative jurisdiction over such lands.

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

15 of the activities conducted under cooperation agreements en16 tered into under subsection (a)(1) shall be 75 percent; except

17 that, with respect to projects located on lands owned by the

18 United States, the Federal share shall be 100 percent. The

19 non-Federal share of project costs may be provided in the

20 form of design and construction services. Non-Federal inter21 ests shall receive credit for the reasonable costs of such serv22 ices completed by such interests prior to entering an agree23 ment with the Secretary for a project.

24 (c) AUTHORIZATION OF APPROPRIATIONS.—There is

25 authorized to be appropriated to carry out this section
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1 $5,000,000 for projects undertaken under subsection

2 (a)(1)(A) and $5,000,000 for projects undertaken under

3 subsection (a)(1)(B).

4 SEC. 538. BENEFICIAL USE OF DREDGED MATERIAL, POP5 LAR ISLAND, MARYLAND.

6 The Secretary shall carry out a project for the bene7 ficial use of dredged material at Poplar Island, Maryland,

8 pursuant to section 204 of the Water Resources Development

9 Act of 1992; except that, notwithstanding the limitation

10 contained in subsection (e) of such section, the initial cost

11 of constructing dikes for the project shall be $78,000,000,

12 with an estimated Federal cost of $58,500,000 and an esti13 mated non-Federal cost of $19,500,000.

14 SEC. 539. EROSION CONTROL MEASURES, SMITH ISLAND,

15 MARYLAND.

16 (a) IN GENERAL.—The Secretary shall implement ero17 sion control measures in the vicinity of Rhodes Point,

18 Smith Island, Maryland, at an estimated total Federal cost

19 of $450,000.

20 (b) IMPLEMENTATION ON EMERGENCY BASIS.—The

21 project under subsection (a) shall be carried out on an emer22 gency basis in view of the national, historic, and cultural

23 value of the island and in order to protect the Federal in24 vestment in infrastructure facilities.
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1 (c) COST SHARING.—Cost sharing applicable to hurri2 cane and storm damage reduction shall be applicable to the

3 project to be carried out under subsection (a).

4 SEC. 540. BENEFICIAL USE OF DREDGED MATERIAL,

5 WORTON POINT, KENT COUNTY, MARYLAND.

6 The Secretary shall carry out a project for the bene7 ficial use of dredged material at Worton Point, Kent Coun8 ty, Maryland, pursuant to section 204 of the Water Re9 sources Development Act of 1992.

10 SEC. 541. DULUTH, MINNESOTA, ALTERNATIVE TECH11 NOLOGY PROJECT.

12 (a) PROJECT AUTHORIZATION.—The Secretary shall

13 develop and implement alternative methods for decon14 tamination and disposal of contaminated dredged material

15 at the Port of Duluth, Minnesota.

16 (b) AUTHORIZATION OF APPROPRIATIONS.—There is

17 authorized to be appropriated for fiscal years beginning

18 after September 30, 1996, to carry out this section

19 $1,000,000. Such sums shall remain available until ex20 pended.

21 SEC. 542. REDWOOD RIVER BASIN, MINNESOTA.

22 (a) STUDY AND STRATEGY DEVELOPMENT.—The Sec23 retary, in cooperation with the Secretary of Agriculture and

24 the State of Minnesota, shall conduct a study, and develop

25 a strategy, for using wetland restoration, soil and water
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1 conservation practices, and nonstructural measures to re2 duce flood damages, improve water quality, and create

3 wildlife habitat in the Redwood River basin and the sub4 basins draining into the Minnesota River, at an estimated

5 Federal cost of $4,000,000.

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

7 the cost of the study and development of the strategy shall

8 be 25 percent and may be provided through in-kind services

9 and materials.

10 (c) COOPERATION AGREEMENT.—In conducting the

11 study and developing the strategy under this section, the

12 Secretary shall enter into cooperation agreements to provide

13 financial assistance to appropriate Federal, State, and

14 local government agencies, including activities for the im15 plementation of wetland restoration projects and soil and

16 water conservation measures.

17 (d) IMPLEMENTATION.—The Secretary shall undertake

18 development and implementation of the strategy authorized

19 by this section in cooperation with local landowners and

20 local government officials.

21 SEC. 543. NATCHEZ BLUFFS, MISSISSIPPI.

22 (a) IN GENERAL.—The Secretary shall carry out the

23 project for bluff stabilization, Natchez Bluffs, Natchez, Mis24 sissippi, substantially in accordance with (1) the Natchez

25 Bluffs Study, dated September 1985, (2) the Natchez Bluffs
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1 Study: Supplement I, dated June 1990, and (3) the Natchez

2 Bluffs Study: Supplement II, dated December 1993, in the

3 portions of the bluffs described in subsection (b), at a total

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

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

6 $4,300,000.

7 (b) DESCRIPTION OF PROJECT LOCATION.—The por8 tions of the Natchez Bluffs where the project is to be carried

9 out under subsection (a) are described in the studies referred

10 to in subsection (a) as—

11 (1) Clifton Avenue, area 3;

12 (2) the bluff above Silver Street, area 6;

13 (3) the bluff above Natchez Under-the-Hill, area

14 7; and

15 (4) Madison Street to State Street, area 4.

16 SEC. 544. SARDIS LAKE, MISSISSIPPI.

17 The Secretary shall work cooperatively with the State

18 of Mississippi and the city of Sardis, Mississippi, to the

19 maximum extent practicable, in the management of existing

20 and proposed leases of land consistent with the master tour21 ism and recreational plan for the economic development of

22 the Sardis Lake area prepared by the city.

23 SEC. 545. MISSOURI RIVER MANAGEMENT.

24 (a) NAVIGATION SEASON EXTENSION.—
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1 (1) INCREASES.—The Secretary, working with

2 the Secretary of Agriculture and the Secretary of the

3 Interior, shall incrementally increase the length of

4 each navigation season for the Missouri River by 15

5 days from the length of the previous navigation sea6 son and those seasons thereafter, until such time as

7 the navigation season for the Missouri River is in8 creased by 1 month from the length of the navigation

9 season on April 1, 1996.

10 (2) APPLICATION OF INCREASES.—Increases in

11 the length of the navigation season under paragraph

12 (1) shall be applied in calendar year 1996 so that the

13 navigation season in such calendar year for the Mis14 souri River begins on April 1, 1996, and ends on De15 cember 15, 1996.

16 (3) ADJUSTMENT OF NAVIGATION LEVELS.—

17 Scheduled full navigation levels shall be incrementally

18 increased to coincide with increases in the navigation

19 season under paragraph (1).

20 (b) WATER CONTROL POLICIES AFFECTING NAVIGA21 TION CHANNELS.—The Secretary may not take any action

22 which is inconsistent with a water control policy of the

23 Corps of Engineers in effect on January 1, 1995, if such

24 action would result in—
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1 (1) a reduction of 10 days or more in the total

2 number of days in a year during which vessels are

3 able to use navigation channels; or

4 (2) a substantial increase in flood damage to

5 lands adjacent to a navigation channel, unless such

6 action is specifically authorized by a law enacted

7 after the date of the enactment of this Act.

8 (c) ECONOMIC AND ENVIRONMENTAL IMPACT EVALUA9 TION.—Whenever a Federal department, agency, or instru10 mentality conducts an environmental impact statement

11 with respect to management of the Missouri River system,

12 the head of such department, agency, or instrumentality

13 shall also conduct a cost benefit analysis on any changes

14 proposed in the management of the Missouri River.

15 SEC. 546. ST. CHARLES COUNTY, MISSOURI, FLOOD PROTEC16 TION.

17 (a) IN GENERAL.—Notwithstanding any other provi18 sion of law or regulation, no county located at the con19 fluence of the Missouri and Mississippi Rivers or commu20 nity located in any county located at the confluence of the

21 Missouri and Mississippi Rivers shall have its participa22 tion in any Federal program suspended, revoked, or other23 wise affected solely due to that county or community per24 mitting the raising of levees by any public-sponsored levee

25 district, along an alignment approved by the circuit court
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1 of such county, to a level sufficient to contain a 20-year

2 flood.

3 (b) TREATMENT OF EXISTING PERMITS.—If any pub4 lic-sponsored levee district has received a Federal permit

5 valid during the Great Flood of 1993 to improve or modify

6 its levee system before the date of the enactment of this Act,

7 such permit shall be considered adequate to allow the rais8 ing of the height of levees in such system under subsection

9 (a).

10 SEC. 547. COCHECO RIVER, NEW HAMPSHIRE.

11 The Secretary is directed to provide technical assist12 ance to the city of Dover, New Hampshire, in resolving en13 croachment issues related to maintenance dredging of the

14 project for navigation on the Cocheco River, New Hamp15 shire.

16 SEC. 548. DURHAM, NEW HAMPSHIRE.

17 The Secretary may enter into a cooperative agreement

18 under section 230 of this Act with the University of New

19 Hampshire to provide technical assistance for a water treat20 ment technology center addressing the needs of small com21 munities.

22 SEC. 549. HACKENSACK MEADOWLANDS AREA, NEW JERSEY.

23 Section 324(b)(1) of the Water Resources Development

24 Act of 1992 (106 Stat. 4849) is amended to read as follows:
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1 ‘‘(1) Mitigation, enhancement, and acquisition of

2 significant wetlands that contribute to the

3 Meadowlands ecosystem.’’.

4 SEC. 550. AUTHORIZATION OF DREDGE MATERIAL CON5 TAINMENT FACILITY FOR PORT OF NEW

6 YORK/NEW JERSEY.

7 (a) IN GENERAL.—The Secretary is authorized to con8 struct, operate, and maintain a dredged material contain9 ment facility with a capacity commensurate with the long10 term dredged material disposal needs of port facilities

11 under the jurisdiction of the Port of New York/New Jersey.

12 Such facility may be a near-shore dredged material disposal

13 facility along the Brooklyn waterfront. The costs associated

14 with feasibility studies, design, engineering, and construc15 tion shall be shared with the local sponsor in accordance

16 with the provisions of section 101 of the Water Resources

17 Development Act of 1986.

18 (b) BENEFICIAL USE.—After the facility to be con19 structed under subsection (a) has been filled to capacity

20 with dredged material, the Secretary shall maintain the fa21 cility for the public benefit.

22 SEC. 551. HUDSON RIVER HABITAT RESTORATION, NEW

23 YORK.

24 (a) HABITAT RESTORATION PROJECT.—The Secretary

25 shall expedite the feasibility study of the Hudson River
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1 Habitat Restoration, Hudson River Basin, New York, and

2 shall carry out no fewer than 4 projects for habitat restora3 tion, to the extent the Secretary determines such work to

4 be technically feasible. Such projects shall be designed to—

5 (1) provide a pilot project to assess and improve

6 habitat value and environmental outputs of rec7 ommended projects;

8 (2) provide a demonstration project to evaluate

9 various restoration techniques for effectiveness and

10 cost;

11 (3) fill an important local habitat need within

12 a specific portion of the study area; and

13 (4) take advantage of ongoing or planned actions

14 by other agencies, local municipalities, or environ15 mental groups that would increase the effectiveness or

16 decrease the overall cost of implementing one of the

17 recommended restoration project sites.

18 (b) NON-FEDERAL SHARE.—Non-Federal interests

19 shall provide 25 percent of the cost on each project under20 taken under subsection (a). The non-Federal share may be

21 in the form of cash or in-kind contributions.

22 (c) AUTHORIZATION OF APPROPRIATIONS.—There is

23 authorized to be appropriated to carry out this section

24 $11,000,000.
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1 SEC. 552. NEW YORK BIGHT AND HARBOR STUDY.

2 Section 326(f) of the Water Resources Development Act

3 of 1992 (106 Stat. 4851) is amended by striking

4 ‘‘$1,000,000’’ and inserting ‘‘$5,000,000’’.

5 SEC. 553. NEW YORK STATE CANAL SYSTEM.

6 (a) IN GENERAL.—The Secretary is authorized to

7 make capital improvements to the New York State Canal

8 System.

9 (b) AGREEMENTS.—The Secretary shall, with the con10 sent of appropriate local and State entities, enter into such

11 arrangements, contracts, and leases with public and private

12 entities as may be necessary for the purposes of rehabilita13 tion, renovation, preservation, and maintenance of the New

14 York State Canal System and its related facilities, includ15 ing trailside facilities and other recreational projects along

16 the waterways of the canal system.

17 (c) NEW YORK STATE CANAL SYSTEM DEFINED.—In

18 this section, the term ‘‘New York State Canal System’’

19 means the Erie, Oswego, Champlain, and Cayuga-Seneca

20 Canals.

21 (d) FEDERAL SHARE.—The Federal share of the cost

22 of capital improvements under this section shall be 50 per23 cent.

24 (e) AUTHORIZATION OF APPROPRIATIONS.—There is

25 authorized to be appropriated to carry out this section

26 $10,000,000.
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1 SEC. 554. NEW YORK CITY WATERSHED.

2 (a) ESTABLISHMENT.—

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

4 a program for providing environmental assistance to

5 non-Federal interests in the New York City Water6 shed.

7 (2) FORM.—Assistance provided under this sec8 tion may be in the form of design and construction

9 assistance for water-related environmental infrastruc10 ture and resource protection and development projects

11 in the New York City Watershed, including projects

12 for water supply, storage, treatment, and distribution

13 facilities, and surface water resource protection and

14 development.

15 (b) PUBLIC OWNERSHIP REQUIREMENT.—The Sec16 retary may provide assistance for a project under this sec17 tion only if the project is publicly owned.

18 (c) ELIGIBLE PROJECTS.—

19 (1) CERTIFICATION.—A project shall be eligible

20 for financial assistance under this section only if the

21 State director for the project certifies to the Secretary

22 that the project will contribute to the protection and

23 enhancement of the quality or quantity of the New

24 York City water supply.

25 (2) SPECIAL CONSIDERATION.—In certifying

26 projects to the Secretary, the State director shall give
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1 special consideration to those projects implementing

2 plans, agreements, and measures which preserve and

3 enhance the economic and social character of the wa4 tershed communities.

5 (3) PROJECT DESCRIPTIONS.—Projects eligible

6 for assistance under this section shall include the fol7 lowing:

8 (A) Implementation of intergovernmental

9 agreements for coordinating regulatory and

10 management responsibilities.

11 (B) Acceleration of whole farm planning to

12 implement best management practices to main13 tain or enhance water quality and to promote

14 agricultural land use.

15 (C) Acceleration of whole community plan16 ning to promote intergovernmental cooperation

17 in the regulation and management of activities

18 consistent with the goal of maintaining or en19 hancing water quality.

20 (D) Natural resources stewardship on public

21 and private lands to promote land uses that pre22 serve and enhance the economic and social char23 acter of the watershed communities and protect

24 and enhance water quality.
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1 (d) COOPERATION AGREEMENTS.—Before providing

2 assistance under this section, the Secretary shall enter into

3 a project cooperation agreement with the State director for

4 the project to be carried out with such assistance.

5 (e) COST SHARING.—

6 (1) IN GENERAL.—Total project costs under each

7 agreement entered into under this section shall be

8 shared at 75 percent Federal and 25 percent non-Fed9 eral. The non-Federal interest shall receive credit for

10 the reasonable costs of design work completed by such

11 interest prior to entering into the agreement with the

12 Secretary for a project. The Federal share may be in

13 the form of grants or reimbursements of project costs.

14 (2) INTEREST.—In the event of delays in the re15 imbursement of the non-Federal share of a project, the

16 non-Federal interest shall receive credit for reasonable

17 interest costs incurred to provide the non-Federal

18 share of a project’s cost.

19 (3) LANDS, EASEMENTS, AND RIGHTS-OF-WAY

20 CREDIT.—The non-Federal interest shall receive credit

21 for lands, easements, rights-of-way, and relocations

22 provided by the non-Federal interest toward its share

23 of project costs, including direct costs associated with

24 obtaining permits necessary for the placement of such
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1 project on public owned or controlled lands, but not

2 to exceed 25 percent of total project costs.

3 (4) OPERATION AND MAINTENANCE.—Operation

4 and maintenance costs for projects constructed with

5 assistance provided under this section shall be 100

6 percent non-Federal.

7 (f) APPLICABILITY OF OTHER FEDERAL AND STATE

8 LAWS.—Nothing in this section shall be construed to waive,

9 limit, or otherwise affect the applicability of any provision

10 of Federal or State law that would otherwise apply to a

11 project carried out with assistance provided under this sec12 tion.

13 (g) REPORT.—Not later than December 31, 2000, the

14 Secretary shall transmit to Congress a report on the results

15 of the program carried out under this section, together with

16 recommendations concerning whether such program should

17 be implemented on a national basis.

18 (h) NEW YORK CITY WATERSHED DEFINED.—For

19 purposes of this section, the term ‘‘New York City Water20 shed’’ means the land area within the counties of Delaware,

21 Greene, Schoharie, Ulster, Sullivan, Westchester, Putnam,

22 and Duchess which contributes water to the water supply

23 system of New York City.
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1 (i) AUTHORIZATION OF APPROPRIATIONS.—There is

2 authorized to be appropriated to carry out this section

3 $25,000,000.

4 SEC. 555. OHIO RIVER GREENWAY.

5 (a) EXPEDITED COMPLETION OF STUDY.—The Sec6 retary is directed to expedite the completion of the study

7 for the Ohio River Greenway, Jeffersonville, Clarksville,

8 and New Albany, Indiana.

9 (b) CONSTRUCTION.—Upon completion of the study, if

10 the Secretary determines that the project is feasible, the Sec11 retary shall participate with the non-Federal interests in

12 the construction of the project.

13 (c) COST SHARING.—Total project costs under this sec14 tion shall be shared at 50 percent Federal and 50 percent

15 non-Federal.

16 (d) LANDS, EASEMENTS, AND RIGHTS-OF-WAY.—Non17 Federal interests shall be responsible for providing all lands,

18 easements, rights-of-way, relocations, and dredged material

19 disposal areas necessary for the project.

20 (e) CREDIT.—The non-Federal interests shall receive

21 credit for those costs incurred by the non-Federal interests

22 that the Secretary determines are compatible with the

23 study, design, and implementation of the project.
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1 SEC. 556. NORTHEASTERN OHIO.

2 The Secretary is authorized to provide technical assist3 ance to local interests for planning the establishment of a

4 regional water authority in northeastern Ohio to address

5 the water problems of the region. The Federal share of the

6 costs of such planning shall not exceed 75 percent.

7 SEC. 557. GRAND LAKE, OKLAHOMA.

8 (a) STUDY.—Not later than 1 year after the date of

9 the enactment of this Act, the Secretary of the Army shall

10 carry out and complete a study of flood control in Grand/

11 Neosho Basin and tributaries in the vicinity of Pensacola

12 Dam in northeastern Oklahoma to determine the scope of

13 the backwater effects of operation of the dam and to identify

14 any lands which the Secretary determines have been ad15 versely impacted by such operation or should have been

16 originally purchased as flowage easement for the project.

17 (b) ACQUISITION OF REAL PROPERTY.—Upon comple18 tion of the study and subject to advance appropriations,

19 the Secretary shall acquire from willing sellers such real

20 property interests in any lands identified in the study as

21 the Secretary determines are necessary to reduce the adverse

22 impacts identified in the study conducted under subsection

23 (a).

24 (c) IMPLEMENTATION REPORTS.—The Secretary shall

25 transmit to Congress reports on the operation of the Pensa26 cola Dam, including data on and a description of releases
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1 in anticipation of flooding (referred to as preoccupancy re2 leases), and the implementation of this section. The first

3 of such reports shall be transmitted not later than 2 years

4 after the date of the enactment of this Act.

5 (d) AUTHORIZATION OF APPROPRIATIONS.—

6 (1) IN GENERAL.—There is authorized to be ap7 propriated to carry out this section $25,000,000 for

8 fiscal years beginning after September 30, 1996.

9 (2) MAXIMUM FUNDING FOR STUDY.—Of

10 amounts appropriated to carry out this section, not

11 to exceed $1,500,000 shall be available for carrying

12 out the study under subsection (a).

13 SEC. 558. BROAD TOP REGION OF PENNSYLVANIA.

14 Section 304 of the Water Resources Development Act

15 of 1992 (106 Stat. 4840) is amended—

16 (1) by striking subsection (b) and inserting the

17 following:

18 ‘‘(b) COST SHARING.—The Federal share of the cost of

19 the activities conducted under the cooperative agreement en20 tered into under subsection (a) shall be 75 percent. The non21 Federal share of project costs may be provided in the form

22 of design and construction services. Non-Federal interests

23 shall receive credit for the reasonable costs of such services

24 completed by such interests prior to entering an agreement

25 with the Secretary for a project.’’; and
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1 (2) in subsection (c) by striking ‘‘$5,500,000’’

2 and inserting ‘‘$11,000,000’’.

3 SEC. 559. HOPPER DREDGE MCFARLAND.

4 (a) PROJECT AUTHORIZATION.—The Secretary shall

5 carry out a project at the Philadelphia Naval Shipyard,

6 Pennsylvania, to make modernization and efficiency im7 provements to the hopper dredge McFarland.

8 (b) REQUIREMENTS.—In carrying out the project

9 under subsection (a), the Secretary shall—

10 (1) determine whether the McFarland should be

11 returned to active service or the reserve fleet after the

12 project is completed; and

13 (2) establish minimum standards of dredging

14 service to be met in areas served by the McFarland

15 while the drydocking is taking place.

16 (c) AUTHORIZATION OF APPROPRIATIONS.—There is

17 authorized to be appropriated to carry out this section

18 $20,000,000 for fiscal years beginning after September 30,

19 1996.

20 SEC. 560. PHILADELPHIA, PENNSYLVANIA.

21 (a) WATER WORKS RESTORATION.—

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

23 planning, design, and construction assistance for the

24 protection and restoration of the Philadelphia, Penn25 sylvania Water Works.
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1 (2) COORDINATION.—In providing assistance

2 under this subsection, the Secretary shall coordinate

3 with the Fairmount Park Commission and the Sec4 retary of the Interior.

5 (3) FUNDING.—There is authorized to be appro6 priated to carry out this subsection $1,000,000 for fis7 cal years beginning after September 30, 1996.

8 (b) COOPERATION AGREEMENT FOR SCHUYLKILL

9 NAVIGATION CANAL.—

10 (1) IN GENERAL.—The Secretary shall enter into

11 a cooperation agreement with the city of Philadel12 phia, Pennsylvania, to participate in the operation,

13 maintenance, and rehabilitation of the Schuylkill

14 Navigation Canal at Manayunk.

15 (2) LIMITATION ON FEDERAL SHARE.—The Fed16 eral share of the cost of the operation, maintenance,

17 and rehabilitation under paragraph (1) shall not ex18 ceed $300,000 annually.

19 (3) AREA INCLUDED.—For purposes of this sub20 section, the Schuylkill Navigation Canal includes the

21 section approximately 10,000 feet long extending be22 tween Lock and Fountain Streets, Philadelphia,

23 Pennsylvania.

24 (c) SCHUYLKILL RIVER PARK.—
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1 (1) ASSISTANCE.—The Secretary is authorized to

2 provide technical, planning, design, and construction

3 assistance for the Schuylkill River Park, Philadel4 phia, Pennsylvania.

5 (2) FUNDING.—There is authorized to be appro6 priated $2,700,000 to carry out this subsection.

7 (d) PENNYPACK PARK.—

8 (1) ASSISTANCE.—The Secretary is authorized to

9 provide technical, design, construction, and financial

10 assistance for measures for the improvement and res11 toration of aquatic habitats and aquatic resources at

12 Pennypack Park, Philadelphia, Pennsylvania.

13 (2) COOPERATION AGREEMENTS.—In providing

14 assistance under this subsection, the Secretary shall

15 enter into cooperation agreements with the city of

16 Philadelphia, acting through the Fairmount Park

17 Commission.

18 (3) FUNDING.—There is authorized to be appro19 priated for fiscal years beginning after September 30,

20 1996, $15,000,000 to carry out this subsection.

21 (e) FRANKFORD DAM.—

22 (1) COOPERATION AGREEMENTS.—The Secretary

23 shall enter into cooperation agreements with the city

24 of Philadelphia, Pennsylvania, acting through the

25 Fairmount Park Commission, to provide assistance
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1 for the elimination of the Frankford Dam, the re2 placement of the Rhawn Street Dam, and modifica3 tions to the Roosevelt Dam and the Verree Road Dam.

4 (2) FUNDING.—There is authorized to be appro5 priated for fiscal years beginning after September 30,

6 1996, $900,000, to carry out this subsection.

7 SEC. 561. UPPER SUSQUEHANNA RIVER BASIN, PENNSYLVA8 NIA AND NEW YORK.

9 (a) STUDY AND STRATEGY DEVELOPMENT.—The Sec10 retary, in cooperation with the Secretary of Agriculture, the

11 State of Pennsylvania, and the State of New York, shall

12 conduct a study, and develop a strategy, for using wetland

13 restoration, soil and water conservation practices, and non14 structural measures to reduce flood damages, improve water

15 quality, and create wildlife habitat in the following portions

16 of the Upper Susquehanna River basin:

17 (1) the Juniata River watershed, Pennsylvania,

18 at an estimated Federal cost of $15,000,000; and

19 (2) the Susquehanna River watershed upstream

20 of the Chemung River, New York, at an estimated

21 Federal cost of $10,000,000.

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

23 the cost of the study and development of the strategy shall

24 be 25 percent and may be provided through in-kind services

25 and materials.
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1 (c) COOPERATION AGREEMENTS.—In conducting the

2 study and developing the strategy under this section, the

3 Secretary shall enter into cooperation agreements to provide

4 financial assistance to appropriate Federal, State, and

5 local government agencies, including activities for the im6 plementation of wetland restoration projects and soil and

7 water conservation measures.

8 (d) IMPLEMENTATION.—The Secretary shall undertake

9 development and implementation of the strategy authorized

10 by this section in cooperation with local landowners and

11 local government officials.

12 SEC. 562. SEVEN POINTS VISITORS CENTER, RAYSTOWN

13 LAKE, PENNSYLVANIA.

14 (a) IN GENERAL.—The Secretary shall construct a

15 visitors center and related public use facilities at the Seven

16 Points Recreation Area at Raystown Lake, Pennsylvania,

17 generally in accordance with the Master Plan Update

18 (1994) for the Raystown Lake Project.

19 (b) AUTHORIZATION OF APPROPRIATIONS.—There is

20 authorized to be appropriated to carry out this section

21 $2,500,000.

22 SEC. 563. SOUTHEASTERN PENNSYLVANIA.

23 (a) ESTABLISHMENT OF PROGRAM.—The Secretary

24 shall establish a pilot program for providing environmental

25 assistance to non-Federal interests in southeastern Penn-
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1 sylvania. Such assistance may be in the form of design and

2 construction assistance for water-related environmental in3 frastructure and resource protection and development

4 projects in southeastern Pennsylvania, including projects

5 for waste water treatment and related facilities, water sup6 ply, storage, treatment, and distribution facilities, and sur7 face water resource protection and development.

8 (b) PUBLIC OWNERSHIP REQUIREMENT.—The Sec9 retary may provide assistance for a project under this sec10 tion only if the project is publicly owned.

11 (c) LOCAL COOPERATION AGREEMENTS.—

12 (1) IN GENERAL.—Before providing assistance

13 under this section, the Secretary shall enter into a

14 local cooperation agreement with a non-Federal inter15 est to provide for design and construction of the

16 project to be carried out with such assistance.

17 (2) REQUIREMENTS.—Each local cooperation

18 agreement entered into under this subsection shall

19 provide for the following:

20 (A) PLAN.—Development by the Secretary,

21 in consultation with appropriate Federal and

22 State officials, of a facilities or resource protec23 tion and development plan, including appro24 priate engineering plans and specifications.
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1 (B) LEGAL AND INSTITUTIONAL STRUC2 TURES.—Establishment of each such legal and

3 institutional structures as are necessary to as4 sure the effective long-term operation of the

5 project by the non-Federal interest.

6 (3) COST SHARING.—

7 (A) IN GENERAL.—Total project costs under

8 each local cooperation agreement entered into

9 under this subsection shall be shared at 75 per10 cent Federal and 25 percent non-Federal. The

11 non-Federal interest shall receive credit for the

12 reasonable costs of design work completed by

13 such interest prior to entering into a local co14 operation agreement with the Secretary for a

15 project. The credit for such design work shall not

16 exceed 6 percent of the total construction costs

17 of the project. The Federal share may be in the

18 form of grants or reimbursements of project costs.

19 (B) INTEREST.—In the event of delays in

20 the funding of the non-Federal share of a project

21 that is the subject of an agreement under this

22 section, the non-Federal interest shall receive

23 credit for reasonable interest incurred in provid24 ing the non-Federal share of a project’s cost.
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1 (C) LANDS, EASEMENTS, AND RIGHTS-OF2 WAY CREDIT.—The non-Federal interest shall re3 ceive credit for lands, easements, rights-of-way,

4 and relocations toward its share of project costs,

5 including all reasonable costs associated with ob6 taining permits necessary for the construction,

7 operation, and maintenance of such project on

8 publicly owned or controlled lands, but not to ex9 ceed 25 percent of total project costs.

10 (D) OPERATION AND MAINTENANCE.—Oper11 ation and maintenance costs for projects con12 structed with assistance provided under this sec13 tion shall be 100 percent non-Federal.

14 (d) APPLICABILITY OF OTHER FEDERAL AND STATE

15 LAWS.—Nothing in this section shall be construed as

16 waiving, limiting, or otherwise affecting the applicability

17 of any provision of Federal or State law which would other18 wise apply to a project to be carried out with assistance

19 provided under this section.

20 (e) REPORT.—Not later than December 31, 1998, the

21 Secretary shall transmit to Congress a report on the results

22 of the pilot program carried out under this section, together

23 with recommendations concerning whether or not such pro24 gram should be implemented on a national basis.
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1 (f) SOUTHEASTERN PENNSYLVANIA DEFINED.—For

2 purposes of this section, the term ‘‘Southeastern Pennsylva3 nia’’ means Philadelphia, Bucks, Chester, Delaware, and

4 Montgomery Counties, Pennsylvania.

5 (g) AUTHORIZATION OF APPROPRIATIONS.—There is

6 authorized to be appropriated to carry out this section

7 $25,000,000 for fiscal years beginning after September 30,

8 1996. Such sums shall remain available until expended.

9 SEC. 564. BLACKSTONE RIVER VALLEY, RHODE ISLAND AND

10 MASSACHUSETTS.

11 (a) IN GENERAL.—The Secretary, in coordination

12 with Federal, State, and local interests, shall provide tech13 nical, planning, and design assistance in the development

14 and restoration of the Blackstone River Valley National

15 Heritage Corridor, Rhode Island, and Massachusetts.

16 (b) FEDERAL SHARE.—Funds made available under

17 this section for planning and design of a project may not

18 exceed 75 percent of the total cost of such planning and

19 design.

20 SEC. 565. EAST RIDGE, TENNESSEE.

21 The Secretary shall review the flood management study

22 for the East Ridge and Hamilton County area undertaken

23 by the Tennessee Valley Authority and shall carry out the

24 project at an estimated total cost of $25,000,000.
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1 SEC. 566. MURFREESBORO, TENNESSEE.

2 The Secretary shall carry out a project for environ3 mental enhancement, Murfreesboro, Tennessee, in accord4 ance with the Report and Environmental Assessment, Black

5 Fox, Murfree and Oaklands Spring Wetlands, Murfreesboro,

6 Rutherford County, Tennessee, dated August 1994.

7 SEC. 567. BUFFALO BAYOU, TEXAS.

8 The non-Federal interest for the projects for flood con9 trol, Buffalo Bayou Basin, Texas, authorized by section 203

10 of the Flood Control Act of 1954 (68 Stat. 1258), and Buf11 falo Bayou and tributaries, Texas, authorized by section

12 101 of the Water Resources Development Act of 1990 (104

13 Stat. 4610), may be reimbursed by up to $5,000,000 or may

14 receive a credit of up to $5,000,000 against required non15 Federal project cost-sharing contributions for work per16 formed by the non-Federal interest at each of the following

17 locations if such work is compatible with the following au18 thorized projects: White Oak Bayou, Brays Bayou, Hunting

19 Bayou, Garners Bayou, and the Upper Reach on Greens

20 Bayou.

21 SEC. 568. HARRIS COUNTY, TEXAS.

22 (a) IN GENERAL.—During any evaluation of economic

23 benefits and costs for projects set forth in subsection (b) that

24 occurs after the date of the enactment of this Act, the Sec25 retary shall not consider flood control works constructed by

26 non-Federal interests within the drainage area of such
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1 projects prior to the date of such evaluation in the deter2 mination of conditions existing prior to construction of the

3 project.

4 (b) SPECIFIC PROJECTS.—The projects to which sub5 section (a) apply are—

6 (1) the project for flood control, Buffalo Bayou

7 and Tributaries, Texas, authorized by section 101(a)

8 of the Water Resources Development Act of 1990 (104

9 Stat. 4610);

10 (2) the project for flood control, Cypress Creek,

11 Texas, authorized by section 3(a)(13) of the Water Re12 sources Development Act of 1988 (102 Stat. 4014);

13 and

14 (3) the project for flood control, Buffalo Bayou

15 Basin, authorized by section 203 of the Flood Control

16 Act of 1954 (68 Stat. 1258).

17 SEC. 569. PIERCE COUNTY, WASHINGTON.

18 (a) TECHNICAL ASSISTANCE.—The Secretary shall

19 provide technical assistance to Pierce County, Washington,

20 to address measures that are necessary to assure that non21 Federal levees are adequately maintained and satisfy eligi22 bility criteria for rehabilitation assistance under section 5

23 of the Act entitled ‘‘An Act authorizing the construction of

24 certain public works on rivers and harbors for flood control,

25 and for other purposes’’, approved August 18, 1941 (33
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1 U.S.C. 701n; 55 Stat. 650). Such assistance shall include

2 a review of the requirements of the Puyallup Tribe of Indi3 ans Settlement Act of 1989 (Public Law 101–41) and

4 standards for project maintenance and vegetation manage5 ment used by the Secretary to determine eligibility for levee

6 rehabilitation assistance with a view toward amending such

7 standards as needed to make non-Federal levees eligible for

8 assistance that may be necessary as a result of future flood9 ing.

10 (b) LEVEE REHABILITATION.—The Secretary shall ex11 pedite a review to determine the extent to which require12 ments of the Puyallup Tribe of Indians Settlement Act of

13 1989 limited the ability of non-Federal interests to ade14 quately maintain existing non-Federal levees that were

15 damaged by flooding in 1995 and 1996 and, to the extent

16 that such ability was limited by such Act, the Secretary

17 shall carry out the rehabilitation of such levees.

18 SEC. 570. WASHINGTON AQUEDUCT.

19 (a) REGIONAL ENTITY.—

20 (1) IN GENERAL.—Congress encourages the non21 Federal public water supply customers of the Wash22 ington Aqueduct to establish a non-Federal public or

23 private entity, or to enter into an agreement with an

24 existing non-Federal public or private entity, to re25 ceive title to the Washington Aqueduct and to operate,
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1 maintain, and manage the Washington Aqueduct in

2 a manner that adequately represents all interests of

3 such customers.

4 (2) CONSENT OF CONGRESS.—Congress grants

5 consent to the jurisdictions which are customers of the

6 Washington Aqueduct to establish a non-Federal en7 tity to receive title to the Washington Aqueduct and

8 to operate, maintain, and manage the Washington

9 Aqueduct.

10 (3) LIMITATION ON STATUTORY CONSTRUC11 TION.—Nothing in this subsection shall preclude the

12 jurisdictions referred to in this subsection from pursu13 ing alternative options regarding ownership, oper14 ation, maintenance, and management of the Washing15 ton Aqueduct.

16 (b) PROGRESS REPORT AND PLAN.—Not later than 1

17 year after the date of the enactment of this Act, the Sec18 retary shall transmit to the Committee on Environment

19 and Public Works of the Senate and the Committee on

20 Transportation and Infrastructure of the House of Rep21 resentatives a report on the progress in achieving the objec22 tives of subsection (a) and a plan for the transfer of owner23 ship, operation, maintenance, and management of the

24 Washington Aqueduct to a non-Federal public or private

25 entity. Such plan shall include a transfer of ownership, op-
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1 eration, maintenance, and management of the Washington

2 Aqueduct that is consistent with the provisions of this sec3 tion and a detailed consideration of any proposal to trans4 fer such ownership or operation, maintenance, or manage5 ment to a private entity.

6 (c) TRANSFER.—

7 (1) IN GENERAL.—Not later than 2 years after

8 the date of the enactment of this Act, the Secretary

9 shall transfer, without consideration but subject to

10 such terms and conditions as the Secretary considers

11 appropriate to protect the interests of the United

12 States and the non-Federal public water supply cus13 tomers, all right, title, and interest of the United

14 States in the Washington Aqueduct, its real property,

15 facilities, equipment, supplies, and personalty—

16 (A) to a non-Federal public or private en17 tity established pursuant to subsection (a); or

18 (B) in the event no entity is established

19 pursuant to subsection (a), a non-Federal public

20 or private entity selected by the Secretary which

21 reflects, to the extent possible, a consensus among

22 the non-Federal public water supply customers.

23 (2) TRANSFEREE SELECTION CRITERIA.—The se24 lection of a non-Federal public or private entity

25 under paragraph (1)(B) shall be based on technical,
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1 managerial, and financial capabilities and on con2 sultation with the non-Federal public water supply

3 customers and after opportunity for public input.

4 (3) ASSUMPTION OF RESPONSIBILITIES.—The

5 entity to whom transfer under paragraph (1) is made

6 shall assume full responsibility for performing and fi7 nancing the operation, maintenance, repair, replace8 ment, rehabilitation, and necessary capital improve9 ments of the Washington Aqueduct so as to ensure the

10 continued operation of the Washington Aqueduct con11 sistent with its intended purpose of providing an un12 interrupted supply of potable water sufficient to meet

13 the current and future needs of the Washington Aque14 duct service area.

15 (4) EXTENSION.—Notwithstanding the 2-year

16 deadline established in paragraph (1), the Secretary

17 may provide a 1-time 6-month extension of such

18 deadline if the Secretary determines that the non-Fed19 eral public water supply customers are making

20 progress in establishing an entity pursuant to sub21 section (a) and that such an extension would likely

22 result in the establishment of such an entity.

23 (d) INTERIM BORROWING AUTHORITY.—

24 (1) IN GENERAL.—Subject to paragraph (2),

25 there is authorized to be appropriated to the Sec-
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1 retary for fiscal years 1997 and 1998 borrowing au2 thority in amounts sufficient to cover those obliga3 tions which the Army Corps of Engineers is required

4 to incur in carrying out capital improvements during

5 such fiscal years for the Washington Aqueduct to as6 sure its continued operation until such time as the

7 transfer under subsection (c) has taken place, pro8 vided that such amounts do not exceed $16,000,000

9 for fiscal year 1997 and $54,000,000 for fiscal year

10 1998.

11 (2) TERMS AND CONDITIONS.—The borrowing

12 authority under paragraph (1) shall be provided to

13 the Secretary by the Secretary of the Treasury under

14 such terms and conditions as the Secretary of the

15 Treasury determines to be necessary in the public in16 terest and may be provided only after each of the non17 Federal public water supply customers of the Wash18 ington Aqueduct has entered into a contractual agree19 ment with the Secretary to pay its pro rata share of

20 the costs associated with such borrowing.

21 (3) IMPACT ON IMPROVEMENT PROGRAM.—Not

22 later than 6 months after the date of the enactment

23 of this Act, the Secretary, in consultation with other

24 Federal agencies, shall transmit to the Committee on

25 Environment and Public Works of the Senate and the
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1 Committee on Transportation and Infrastructure of

2 the House of Representatives a report that assesses the

3 impact of the borrowing authority provided under

4 this subsection on near-term improvement projects

5 under the Washington Aqueduct Improvement Pro6 gram, work scheduled during fiscal years 1997 and

7 1998, and the financial liability to be incurred.

8 (e) DEFINITIONS.—For purposes of this section, the fol9 lowing definitions apply:

10 (1) WASHINGTON AQUEDUCT.—The term ‘‘Wash11 ington Aqueduct’’ means the Washington Aqueduct fa12 cilities and related facilities owned by the Federal

13 Government as of the date of the enactment of this

14 Act, including the dams, intake works, conduits, and

15 pump stations that capture and transport raw water

16 from the Potomac River to the Dalecarlia Reservoir,

17 the infrastructure and appurtenances used to treat

18 water taken from the Potomac River by such facilities

19 to potable standards, and related water distributions

20 facilities.

21 (2) NON-FEDERAL PUBLIC WATER SUPPLY CUS22 TOMERS.—The term ‘‘non-Federal public water sup23 ply customers’’ means the District of Columbia, Ar24 lington County, Virginia, and the city of Falls

25 Church, Virginia.
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1 SEC. 571. HUNTINGTON, WEST VIRGINIA.

2 The Secretary may enter into a cooperative agreement

3 with Marshall University, Huntington, West Virginia, to

4 provide technical assistance to the Center for Environ5 mental, Geotechnical and Applied Sciences.

6 SEC. 572. LOWER MUD RIVER, MILTON, WEST VIRGINIA.

7 The Secretary shall review the watershed plan and the

8 environmental impact statement prepared for the Lower

9 Mud River, Milton, West Virginia by the Natural Resources

10 Conservation Service pursuant to the Watershed Protection

11 and Flood Prevention Act (16 U.S.C. 1001 et seq.) and shall

12 carry out the project.

13 SEC. 573. EVALUATION OF BEACH MATERIAL.

14 (a) IN GENERAL.—The Secretary and the Secretary of

15 the Interior shall evaluate procedures and requirements

16 used in the selection and approval of materials to be used

17 in the restoration and nourishment of beaches. Such evalua18 tion shall address the potential effects of changing existing

19 procedures and requirements on the implementation of

20 beach restoration and nourishment projects and on the

21 aquatic environment.

22 (b) CONSULTATION.—In conducting the evaluation

23 under this section, the Secretaries shall consult with appro24 priate State agencies.
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1 (c) REPORT.—Not later than 6 months after the date

2 of the enactment of this Act, the Secretaries shall transmit

3 a report to Congress on their findings under this section.

4 SEC. 574. SENSE OF CONGRESS REGARDING ST. LAWRENCE

5 SEAWAY TOLLS.

6 It is the sense of Congress that the President should

7 engage in negotiations with the Government of Canada for

8 the purposes of—

9 (1) eliminating tolls along the St. Lawrence Sea10 way system; and

11 (2) identifying ways to maximize the movement

12 of goods and commerce through the St. Lawrence Sea13 way.