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for reasonable interest costs incurred to provide the
non-Federal share of a project’s cost.
(3) LANDS, EASEMENTS, AND RIGHTS-OF-WAY
CREDIT.—The non-Federal interest shall receive
credit for lands, easements, rights-of-way, and relo-
cations provided by the non-Federal interest toward
its share of project costs, including direct costs asso-
ciated with obtaining permits necessary for the
placement of such project on public owned or con-
trolled lands, but not to exceed 25 percent of total
project costs.
(4) OPERATION
AND
MAINTENANCE.—Oper-
ation and maintenance costs for projects constructed
with assistance provided under this section shall be
100 percent non-Federal.
(f) APPLICABILITY OF OTHER FEDERAL AND STATE
LAWS.—Nothing in this section shall be construed to
waive, limit, or otherwise affect the applicability of any
provision of Federal or State law that would otherwise
apply to a project carried out with assistance provided
under this section.
(g) REPORT.—Not later than December 31, 2000,
the Secretary shall transmit to Congress a report on the
results of the program carried out under this section, to-
188
gether with recommendations concerning whether such
program should be implemented on a national basis.
(h) NEW YORK CITY WATERSHED DEFINED.—For
purposes of this section, the term ‘‘New York City Water-
shed’’ means the land area within the counties of Dela-
ware, Greene, Schoharie, Ulster, Sullivan, Westchester,
Putnam, and Duchess which contributes water to the
water supply system of New York City.
(i) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out this section
$25,000,000.
SEC. 549. NORTHEASTERN OHIO.
The Secretary is authorized to provide technical as-
sistance to local interests for planning the establishment
of a regional water authority in northeastern Ohio to ad-
dress the water problems of the region. The Federal share
of the costs of such planning shall not exceed 75 percent.
SEC. 550. GRAND LAKE, OKLAHOMA.
(a) STUDY.—Not later than 1 year after the date of
the enactment of this Act, the Secretary of the Army shall
carry out and complete a study of flood control in Grand/
Neosho Basin and tributaries in the vicinity of Pensacola
Dam in northeastern Oklahoma to determine the scope of
the backwater effects of operation of the dam and to iden-
tify any lands which the Secretary determines have been
189
adversely impacted by such operation or should have been
originally purchased as flowage easement for the project.
(b) ACQUISITION OF REAL PROPERTY.—Upon com-
pletion of the study and subject to advance appropriations,
the Secretary shall acquire from willing sellers such real
property interests in any lands identified in the study as
the Secretary determines are necessary to reduce the ad-
verse impacts identified in the study conducted under sub-
section (a).
(c) IMPLEMENTATION
REPORTS.—The Secretary
shall transmit to Congress reports on the operation of the
Pensacola Dam, including data on and a description of
releases in anticipation of flooding (referred to as
preoccupancy releases), and the implementation of this
section. The first of such reports shall be transmitted not
later than 2 years after the date of the enactment of this
Act.
(d) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There is authorized to be
appropriated to carry out this section $25,000,000
for fiscal years beginning after September 30, 1996.
(2) MAXIMUM
FUNDING
FOR
STUDY.—Of
amounts appropriated to carry out this section, not
to exceed $1,500,000 shall be available for carrying
out the study under subsection (a).
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SEC. 551. BROAD TOP REGION OF PENNSYLVANIA.
Section 304 of the Water Resources Development Act
of 1992 (106 Stat. 4840) is amended—
(1) by striking subsection (b) and inserting the
following:
‘‘(b) COST SHARING.—The Federal share of the cost
of the activities conducted under the cooperative agree-
ment entered into under subsection (a) shall be 75 per-
cent. The non-Federal share of project costs may be pro-
vided in the form of design and construction services. Non-
Federal interests shall receive credit for the reasonable
costs of such services completed by such interests prior
to entering an agreement with the Secretary for a
project.’’; and
(2) in subsection (c) by striking ‘‘$5,500,000’’
and inserting ‘‘$11,000,000’’.
SEC. 552. HOPPER DREDGE MCFARLAND.
(a) PROJECT AUTHORIZATION.—The Secretary shall
carry out a project at the Philadelphia Naval Shipyard,
Pennsylvania, to make modernization and efficiency im-
provements to the hopper dredge McFarland.
(b) REQUIREMENTS.—In carrying out the project
under subsection (a), the Secretary shall—
(1) determine whether the McFarland should be
returned to active service or the reserve fleet after
the project is completed; and
191
(2) establish minimum standards of dredging
service to be met in areas served by the McFarland
while the drydocking is taking place.
(c) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out this section
$20,000,000 for fiscal years beginning after September
30, 1996.
SEC. 553. PHILADELPHIA, PENNSYLVANIA.
(a) WATER WORKS RESTORATION.—
(1)) IN GENERAL.—The Secretary shall provide
planning, design, and construction assistance for the
protection and restoration of the Philadelphia, Penn-
sylvania Water Works.
(2) COORDINATION.—In providing assistance
under this subsection, the Secretary shall coordinate
with the Fairmount Park Commission and the Sec-
retary of the Interior.
(3) FUNDING.—There is authorized to be ap-
propriated to carry out this subsection $1,000,000
for fiscal years beginning after September 30, 1996.
(b) COOPERATION AGREEMENT
FOR SCHUYLKILL
NAVIGATION CANAL.—
(1) IN
GENERAL.—The Secretary shall enter
into a cooperation agreement with the city of Phila-
delphia, Pennsylvania, to participate in the oper-
192
ation, maintenance, and rehabilitation of the Schuyl-
kill Navigation Canal at Manayunk.
(2) LIMITATION
ON
FEDERAL
SHARE.—The
Federal share of the cost of the operation, mainte-
nance, and rehabilitation under paragraph (1) shall
not exceed $300,000 annually.
(3) AREA
INCLUDED.—For purposes of this
subsection, the Schuylkill Navigation Canal includes
the section approximately 10,000 feet long extending
between Lock and Fountain Streets, Philadelphia,
Pennsylvania.
(c) SCHUYLKILL RIVER PARK.—
(1) ASSISTANCE.—The Secretary is authorized
to provide technical, planning, design, and construc-
tion assistance for the Schuylkill River Park, Phila-
delphia, Pennsylvania.
(2) FUNDING.—There is authorized to be ap-
propriated $2,700,000 to carry out this subsection.
(d) PENNYPACK PARK.—
(1) ASSISTANCE.—The Secretary is authorized
to provide technical, design, construction, and finan-
cial assistance for measures for the improvement
and restoration of aquatic habitats and aquatic re-
sources at Pennypack Park, Philadelphia, Penn-
sylvania.
194
generally in accordance with the Master Plan Update
(1994) for the Raystown Lake Project.
(b) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out this section
$2,500,000.
SEC. 555. SOUTHEASTERN PENNSYLVANIA.
(a) ESTABLISHMENT OF PROGRAM.—The Secretary
shall establish a pilot program for providing environmental
assistance to non-Federal interests in southeastern Penn-
sylvania. Such assistance may be in the form of design
and construction assistance for water-related environ-
mental infrastructure and resource protection and devel-
opment projects in southeastern Pennsylvania, including
projects for waste water treatment and related facilities,
water supply, storage, treatment, and distribution facili-
ties, and surface water resource protection and develop-
ment.
(b) PUBLIC OWNERSHIP REQUIREMENT.—The Sec-
retary may provide assistance for a project under this sec-
tion only if the project is publicly owned.
(c) LOCAL COOPERATION AGREEMENTS.—
(1) IN GENERAL.—Before providing assistance
under this section, the Secretary shall enter into a
local cooperation agreement with a non-Federal in-
195
terest to provide for design and construction of the
project to be carried out with such assistance.
(2) REQUIREMENTS.—Each local cooperation
agreement entered into under this subsection shall
provide for the following:
(A) PLAN.—Development by the Secretary,
in consultation with appropriate Federal and
State officials, of a facilities or resource protec-
tion and development plan, including appro-
priate engineering plans and specifications.
(B) LEGAL
AND
INSTITUTIONAL
STRUC-
TURES.—Establishment of each such legal and
institutional structures as are necessary to as-
sure the effective long-term operation of the
project by the non-Federal interest.
(3) COST SHARING.—
(A) IN
GENERAL.—Total project costs
under each local cooperation agreement entered
into under this subsection shall be shared at 75
percent Federal and 25 percent non-Federal.
The non-Federal interest shall receive credit for
the reasonable costs of design work completed
by such interest prior to entering into a local
cooperation agreement with the Secretary for a
project. The credit for such design work shall
196
not exceed 6 percent of the total construction
costs of the project. The Federal share may be
in the form of grants or reimbursements of
project costs.
(B) INTEREST.—In the event of delays in
the funding of the non-Federal share of a
project that is the subject of an agreement
under this section, the non-Federal interest
shall receive credit for reasonable interest in-
curred in providing the non-Federal share of a
project’s cost.
(C) LANDS, EASEMENTS, AND RIGHTS-OF-
WAY CREDIT.—The non-Federal interest shall
receive credit for lands, easements, rights-of-
way, and relocations toward its share of project
costs, including all reasonable costs associated
with obtaining permits necessary for the con-
struction, operation, and maintenance of such
project on publicly owned or controlled lands,
but not to exceed 25 percent of total project
costs.
(D) OPERATION AND MAINTENANCE.—Op-
eration and maintenance costs for projects con-
structed with assistance provided under this
section shall be 100 percent non-Federal.
197
(d) APPLICABILITY OF OTHER FEDERAL AND STATE
LAWS.—Nothing in this section shall be construed as
waiving, limiting, or otherwise affecting the applicability
of any provision of Federal or State law which would oth-
erwise apply to a project to be carried out with assistance
provided under this section.
(e) REPORT.—Not later than December 31, 1998, the
Secretary shall transmit to Congress a report on the re-
sults of the pilot program carried out under this section,
together with recommendations concerning whether or not
such program should be implemented on a national basis.
(f) SOUTHEASTERN PENNSYLVANIA DEFINED.—For
purposes of this section, the term ‘‘Southeastern Penn-
sylvania’’ means Philadelphia, Bucks, Chester, Delaware,
and Montgomery Counties, Pennsylvania.
(g) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out this section
$25,000,000 for fiscal years beginning after September
30, 1996. Such sums shall remain available until ex-
pended.
SEC. 556. BLACKSTONE RIVER VALLEY, RHODE ISLAND AND
MASSACHUSETTS.
(a) IN GENERAL.—The Secretary, in coordination
with Federal, State, and local interests, shall provide tech-
nical, planning, and design assistance in the development
198
and restoration of the Blackstone River Valley National
Heritage Corridor, Rhode Island, and Massachusetts.
(b) FEDERAL SHARE.—Funds made available under
this section for planning and design of a project may not
exceed 75 percent of the total cost of such planning and
design.
SEC. 557. EAST RIDGE, TENNESSEE.
The Secretary shall review the flood management
study for the East Ridge and Hamilton County area un-
dertaken by the Tennessee Valley Authority and, if the
Secretary determines that the project is feasible, shall
carry out the project, at an estimated total cost of
$25,000,000.
SEC. 558. MURFREESBORO, TENNESSEE.
The Secretary shall carry out a project for environ-
mental enhancement, Murfreesboro, Tennessee, in accord-
ance with the Report and Environmental Assessment,
Black Fox, Murfree and Oaklands Spring Wetlands,
Murfreesboro, Rutherford County, Tennessee, dated Au-
gust 1994.
SEC. 559. BUFFALO BAYOU, TEXAS.
The non-Federal interest for the projects for flood
control, Buffalo Bayou Basin, Texas, authorized by sec-
tion 203 of the Flood Control Act of 1954 (68 Stat. 1258),
and Buffalo Bayou and tributaries, Texas, authorized by
199
section 101 of the Water Resources Development Act of
1990 (104 Stat. 4610), may be reimbursed by up to
$5,000,000 or may receive a credit of up to $5,000,000
against required non-Federal project cost-sharing con-
tributions for work performed by the non-Federal interest
at each of the following locations if such work is compat-
ible with the following authorized projects: White Oak
Bayou, Brays Bayou, Hunting Bayou, Garners Bayou,
and the Upper Reach on Greens Bayou.
SEC. 560. HARRIS COUNTY, TEXAS.
(a) IN GENERAL.—During any evaluation of eco-
nomic benefits and costs for projects set forth in sub-
section (b) that occurs after the date of the enactment
of this Act, the Secretary shall not consider flood control
works constructed by non-Federal interests within the
drainage area of such projects prior to the date of such
evaluation in the determination of conditions existing prior
to construction of the project.
(b) SPECIFIC PROJECTS.—The projects to which sub-
section (a) apply are—
(1) the project for flood control, Buffalo Bayou
and Tributaries, Texas, authorized by section 101(a)
of the Water Resources Development Act of 1990
(104 Stat. 4610);
200
(2) the project for flood control, Cypress Creek,
Texas, authorized by section 3(a)(13) of the Water
Resources Development Act of 1988 (102 Stat.
4014); and
(3) the project for flood control, Buffalo Bayou
Basin, authorized by section 203 of the Flood Con-
trol Act of 1954 (68 Stat. 1258).
SEC. 561. PIERCE COUNTY, WASHINGTON.
(a) TECHNICAL ASSISTANCE.—The Secretary shall
provide technical assistance to Pierce County, Washing-
ton, to address measures that are necessary to assure that
non-Federal levees are adequately maintained and satisfy
eligibility criteria for rehabilitation assistance under sec-
tion 5 of the Act entitled ‘‘An Act authorizing the con-
struction of certain public works on rivers and harbors for
flood control, and for other purposes’’, approved August
18, 1941 (33 U.S.C. 701n; 55 Stat. 650). Such assistance
shall include a review of the requirements of the Puyallup
Tribe of Indians Settlement Act of 1989 (Public Law
101–41) and standards for project maintenance and vege-
tation management used by the Secretary to determine eli-
gibility for levee rehabilitation assistance with a view to-
ward amending such standards as needed to make non-
Federal levees eligible for assistance that may be nec-
essary as a result of future flooding.
201
(b) LEVEE REHABILITATION.—The Secretary shall
expedite a review to determine the extent to which require-
ments of the Puyallup Tribe of Indians Settlement Act
of 1989 limited the ability of non-Federal interests to ade-
quately maintain existing non-Federal levees that were
damaged by flooding in 1995 and 1996 and, to the extent
that such ability was limited by such Act, the Secretary
shall carry out the rehabilitation of such levees.
SEC. 562. HUNTINGTON, WEST VIRGINIA.
The Secretary may enter into a cooperative agree-
ment under section 228 of this Act with Marshall Univer-
sity, Huntington, West Virginia, to provide technical as-
sistance to the Center for Environmental, Geotechnical
and Applied Sciences.
SEC. 563. LOWER MUD RIVER, MILTON, WEST VIRGINIA.
The Secretary shall review the watershed plan and
the environmental impact statement prepared for the
Lower Mud River, Milton, West Virginia by the Natural
Resources Conservation Service pursuant to the Water-
shed Protection and Flood Prevention Act (16 U.S.C.
1001 et seq.) and, if the Secretary determines that the
project is feasible, shall carry out the project.
SEC. 564. EVALUATION OF BEACH MATERIAL.
(a) IN GENERAL.—The Secretary and the Secretary
of the Interior shall evaluate procedures and requirements
202
used in the selection and approval of materials to be used
in the restoration and nourishment of beaches. Such eval-
uation shall address the potential effects of changing exist-
ing procedures and requirements on the implementation
of beach restoration and nourishment projects and on the
aquatic environment.
(b) CONSULTATION.—In conducting the evaluation
under this section, the Secretaries shall consult with ap-
propriate State agencies.
(c) REPORT.—Not later than 6 months after the date
of the enactment of this Act, the Secretaries shall transmit
a report to Congress on their findings under this section.
SEC. 565. OHIO RIVER GREENWAY.
The Secretary is directed to expedite the completion
of the study for the Ohio River Greenway, Jeffersonville,
Clarksville, and New Albany, Indiana. Upon completion of
the study, if the Secretary determines that the project is
feasible, the Secretary shall participate with the non-Fed-
eral interests in the construction of the project. Total
project costs under this section shall be shared at 50 per-
cent Federal and 50 percent non-Federal. Non-Federal in-
terests shall be responsible for providing all lands, ease-
ments, rights-of-way, relocations, and dredged material
disposal areas necessary for the project. The non-Federal
interests shall receive credit for costs which the Secretary
203
determines are compatible with the study, design, and im-
plementation of the project.
SEC. 566. SENSE OF CONGRESS REGARDING ST. LAWRENCE
SEAWAY TOLLS.
It is the sense of Congress that the President should
engage in negotiations with the Government of Canada for
the purposes of—
(1) eliminating tolls along the St. Lawrence
Seaway system; and
(2) identifying ways to maximize the movement
of goods and commerce through the St. Lawrence
Seaway.
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