I
103D CONGRESS
2D SESSION
H. R. 4460
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
MAY 19, 1994
Mr. MINETA (for himself and Mr. APPLEGATE) (both by request) introduced
the following bill; which was referred to the Committee on Public Works
and Transportation
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 pur-
poses.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Water Resources Development Act of 1994’’.
(b) TABLE OF CONTENTS.—
Sec. 1. Short title; table of contents.
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SEC. 6. RECOVERY OF COSTS FOR CLEAN UP OF HAZARD-
OUS OR TOXIC SUBSTANCES.
Amounts recovered under section 107 of the Com-
prehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9607) for any response
action taken by the Secretary in support of the Army Civil
Works program shall be credited to the appropriate Trust
Fund Account from which the cost of such response action
has been paid or will be charged.
SEC. 7. COLLABORATIVE RESEARCH AND DEVELOPMENT.
Section 7 of the Water Resources Development Act
of 1988 (102 Stat. 4022) is amended by—
(1) redesignating subsections (b), (c), and (d)
as paragraphs (1), (2), and (3);
(2) deleting subsection (e); and
(3) adding the following new subsection:
‘‘(b) PRE-AGREEMENT TEMPORARY PROTECTION OF
TECHNOLOGY.—If the Secretary determines that informa-
tion developed as a result of research and development ac-
tivities conducted by the Corps of Engineers is likely to
be subject to a cooperative research and development
agreement within 2 years of its development and that such
information would be a trade secret or commercial or fi-
nancial information that would be privileged or confiden-
tial if the information had been obtained from a non-Fed-
eral party participating in a cooperative research and de-
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velopment agreement under section 12 of the Stevenson-
Wydler Technology Innovation Act of 1980, the Secretary
may provide appropriate protection against the dissemina-
tion of such information, including exemption from sub-
chapter II of chapter 5 of title 5, United States Code, until
the earlier of the date the Secretary enters into such an
agreement with respect to such technology or the last day
of the 2-year period beginning on the date of such deter-
mination. Any technology covered by this section which be-
comes the subject of a cooperative research and develop-
ment agreement shall be accorded the protection provided
under section 3710a(c)(7)(B) of title 15, United States
Code, as if such technology had been developed under a
cooperative research and development agreement.’’.
SEC. 8. NATIONAL INVENTORY OF DAMS.
Section 13 of Public Law 92–367 (33 U.S.C. 467l),
is amended by striking the second sentence in its entirety
and replacing it with the following: ‘‘There is authorized
to be appropriated up to $500,000 each fiscal year for the
purpose of carrying out this section.’’.
SEC. 9. HYDROELECTRIC POWER PROJECT UPRATING.
(a) In accomplishing the maintenance, rehabilitation,
and modernization of hydroelectric power generating fa-
cilities at water resources projects under the jurisdiction
of the Department of the Army, the Secretary is author-
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ized to increase the efficiency of energy production and
the capacity of these facilities if, after consulting with
other appropriate Federal and State agencies, the Sec-
retary determines that such uprating—
(1) is economically justified and financially fea-
sible;
(2) will not result in significant adverse affects
on the other purposes for which the project is au-
thorized;
(3) will not result in significant adverse envi-
ronmental impacts; and
(4) will not involve major structural or oper-
ation changes in the project.
(b) This section does not affect the authority of the
Secretary and the Administrator of the Bonneville Power
Administration under section 2406 of the Energy Policy
Act of 1992 (16 U.S.C. 839d–1).
SEC. 10. ENGINEERING AND ENVIRONMENTAL INNOVA-
TIONS OF NATIONAL SIGNIFICANCE.
To encourage innovative and environmentally sound
engineering solutions and innovative environmental solu-
tions to problems of national significance, the Secretary
may undertake surveys, plans, and studies and prepare re-
ports which may lead to work under existing civil works
authorities or to recommendations for authorizations.
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There is authorized to be appropriated up to $3,000,000
each fiscal year for the purpose of carrying out this sec-
tion. The Secretary may also accept and expend additional
funds from other Federal agencies, States, or non-Federal
entities for purposes of carrying out this section.
SEC. 11. FEDERAL LUMP-SUM PAYMENTS FOR FEDERAL OP-
ERATION AND MAINTENANCE COSTS.
(a) At a water resources project where the non-Fed-
eral interest is responsible for performing the operation,
maintenance, replacement, and rehabilitation of the
project and the Federal Government is responsible for
paying a portion of the operation, maintenance, replace-
ment, and rehabilitation costs, the Secretary may provide,
under terms and conditions acceptable to the Secretary,
a payment of the estimated total Federal share of such
costs to the non-Federal interest after completion of con-
struction of the project or a separable element thereof.
(b) The amount to be paid shall be equal to the
present value of the Federal payments over the life of the
project, as estimated by the Government, and shall be
computed using an interest rate determined by the Sec-
retary of the Treasury taking into consideration current
market yields on outstanding marketable obligations of the
United States with maturities comparable to the remain-
ing life of the project.
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(c) The Secretary may make a payment under this
section only if the non-Federal interest has entered into
a binding agreement with the Secretary to perform the
operation, maintenance, replacement, and rehabilitation of
the project or separable element. The agreement must be
in accordance with the requirements of section 221 of the
Flood Control Act of 1970 (84 Stat. 1818), and must con-
tain provisions specifying the terms and conditions under
which a payment may be made under this section and the
rights of, and remedies available to, the Federal Govern-
ment to recover all or a portion of a payment made under
this section in the event the non-Federal interest suspends
or terminates its performance of operation, maintenance,
replacement, and rehabilitation of the project or separable
element, or fails to perform such activities in a manner
satisfactory to the Secretary.
(d) Except as provided in subsection (c), a payment
provided to the non-Federal interest under this section
shall relieve the Government of any future obligations for
paying any of the operation, maintenance, replacement,
and rehabilitation costs for the project or separable ele-
ment.
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SEC. 12. COST-SHARING FOR REMOVAL OF EXISTING
PROJECT FEATURES.
After the date of enactment of this Act, any proposal
submitted to the Congress by the Secretary for modifica-
tion of an existing authorized water resources development
project by removal of one or more of the project features
which would significantly and adversely impact the author-
ized project purposes or outputs shall include the rec-
ommendation that the non-Federal sponsor shall bear 50
percent of the cost of any such modification, including the
costs of acquiring any additional interests in lands which
become necessary for accomplishing the modification.
SEC. 13. TECHNICAL ADVISORY COMMITTEE.
The Technical Advisory Committee established pur-
suant to section 310(a) of Public Law 101–640 shall no
longer exist after the date of enactment of this Act.
SEC. 14. TECHNICAL CORRECTIONS.
(a) Section 203(b) of the Water Resources Develop-
ment Act of 1992 (106 Stat. 4826) is amended by striking
out ‘‘(8662)’’ and inserting in lieu thereof ‘‘(8862)’’.
(b) Section 225(c) of the Water Resources Develop-
ment Act of 1992 (106 Stat. 4838) is amended by striking
out ‘‘(8662)’’ in the second sentence and inserting in lieu
thereof ‘‘(8862)’’.
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SEC. 15. PROJECT DEAUTHORIZATIONS.
(a) Section 1001 of the Water Resources Develop-
ment Act of 1986 as amended (33 U.S.C. 579a) is further
amended by—
(1) striking ‘‘10’’ where it appears in the first
sentence of paragraph (2) of subsection (b) and re-
placing it with ‘‘5’’;
(2) striking the word ‘‘Before’’ at the beginning
of the second sentence of paragraph (2) of sub-
section (b) and replacing it with the words ‘‘Upon
official’’; and
(3) inserting the words ‘‘planning, designing,
or’’ immediately before the word ‘‘construction’’ in
the last sentence of paragraph (2) of subsection (b).
(b) Section 52(a) of the Water Resources Develop-
ment Act of 1988 (102 Stat. 4044) is repealed.
SEC. 16. CONTRACT GOALS FOR SMALL DISADVANTAGED
BUSINESS CONCERNS AND HISTORICALLY
BLACK COLLEGES AND UNIVERSITIES OR MI-
NORITY INSTITUTIONS.
(a) GOAL.—Except as provided in subsection (c), the
Secretary shall establish a goal of 5 percent of the total
amount of civil works funds obligated for contracts and
subcontracts entered into by the Department of the Army
for fiscal years 1994 through 2000 for award to small
business concerns owned and controlled by socially and
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economically disadvantaged individuals (as such term is
used in section 8(d) of the Small Business Act (15 U.S.C.
637(d)) and regulations under that section), the majority
of the earnings of which directly accrue to such individ-
uals, and to historically black colleges and universities or
minority institutions (as defined in paragraphs (3), (4),
and (5) of section 312(b) of the Higher Education Act
of 1965 (20 U.S.C. 1058)).
(b) COMPETITIVE PROCEDURE.—To the extent prac-
ticable and when necessary to facilitate achievement of the
5 percent goal in subsection (a)—
(1) the Secretary is authorized to enter into
contracts using less than full and open competitive
procedures, but shall pay a price not exceeding the
fair market cost by more than 10 percent in pay-
ment per contract to contractors or subcontractors
of contracts described in subsection (a); and
(2) the Secretary shall maximize the number of
small disadvantaged business concerns, historically
black colleges and universities, and minority institu-
tions participating in the program.
(c) EXCEPTION.—For purposes of subsection (b), the
same exception that is recognized in section 712(a) of
Public Law 100–656 for set asides pursuant to section
1207 of Public Law 99–661 shall apply.
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(d) NONAPPLICABILITY.—Subsection (a) does not
apply if—
(1) the Secretary determines that the existence
of a national emergency requires otherwise; and
(2) the Secretary notifies the Congress of such
determination and the reasons therefor.
SEC. 17. COST-SHARING FOR DAM SAFETY WORK.
Section 1203(a)(1) of the Water Resources Develop-
ment Act of 1986 is amended by inserting the following
language immediately after the first sentence: ‘‘Where cost
sharing was not based on a cost allocation, 15 percent of
the modification costs shall be assigned among project
purposes in the same manner as costs were originally as-
signed, as determined by the Secretary.’’.
SEC. 18. REVOCATION OF SECTION 211, RIVER AND HARBOR
ACT OF 1950.
Section 211 of the River and Harbor Act of 1950,
Public Law 81–516, is hereby repealed.
SEC. 19. RESEARCH AND DEVELOPMENT IN SUPPORT OF
ARMY CIVIL WORKS PROGRAM.
(a) In carrying out research and development in sup-
port of the Civil Works program of the Department of the
Army, the Secretary may utilize contracts, cooperative re-
search and development agreements, cooperative agree-
ments, and grants with non-Federal entities, including
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State and local governments, colleges and universities,
consortia, professional and technical societies, public and
private scientific and technical foundations, research insti-
tutions, educational organizations, and non-profit organi-
zations.
(b) With respect to contracts for research and devel-
opment, the Secretary may include requirements that have
potential commercial application and may also use such
potential application as an evaluation factor where appro-
priate.
SEC. 20. INTERAGENCY AND INTERNATIONAL SUPPORT
AUTHORITY.
The Secretary may engage in activities in support of
other Federal agencies or international organizations on
problems of national significance to the United States.
The Secretary may engage in activities in support of inter-
national organizations only after consulting with the De-
partment of State. The Secretary may apply the technical
and managerial expertise of the Army Corps of Engineers
to domestic and international problems related to water
resources, infrastructure development and environmental
protection. There is authorized to be appropriated up to
$3,000,000 each fiscal year for the purpose of carrying
out this section. The Secretary may also accept and ex-
pend additional funds from other Federal agencies or
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international organizations for purposes of carrying out
this section.
SEC. 21. EXPANSION OF SECTION 1135 PROGRAM.
Section 1135 of the Water Resources Development
Act of 1986 (33 U.S.C. 2309a) is amended by—
(1) striking the period at the end of subsection
(a) and inserting the following: ‘‘and to determine if
the operation of such projects has contributed to the
degradation of the quality of the environment.’’;
(2) striking the last two sentences of subsection
(b); and
(3) redesignating subsections (c), (d), and (e)
as (e), (f), and (g) and inserting the following new
subsections:
‘‘(c) If the Secretary determines that operation of a
water resources project has contributed to the degradation
of the quality of the environment, the Secretary may also
undertake measures for restoration of environmental qual-
ity, provided such measures are feasible and consistent
with the authorized project purposes.
‘‘(d) The non-Federal share of the cost of any modi-
fications or measures carried out or undertaken pursuant
to subsections (b) or (c) of this section shall be 25 percent.
No more than $5,000,000 in Federal funds may be ex-
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pended on any single modification or measure carried out
or undertaken pursuant to this section.’’.
SEC. 22. REGULATORY PROGRAM FUND.
(a) There is hereby established in the Treasury of the
United States the ‘‘Army Civil Works Regulatory Program
Fund’’ (hereafter referred to as the ‘‘Regulatory Program
Fund’’) into which shall be deposited fees collected by the
Secretary of the Army pursuant to paragraph (b) of this
section. Amounts deposited into the Regulatory Program
Fund are authorized to be appropriated to the Secretary
of the Army to cover a portion of the expenses incurred
by the Department of the Army in administering laws per-
taining to the regulation of the navigable waters of the
United States as well as wetlands.
(b) REGULATORY FEES.—(1) To the extent provided
for in appropriation Acts, the Secretary of the Army shall
establish and collect fees for the evaluation of commercial
permit applications; for the recovery of costs associated
with the preparation of Environmental Impact Statements
required by the National Environmental Policy Act of
1969; and for the recovery of costs associated with wet-
lands delineations for major developments affecting wet-
lands. Amounts collected pursuant to this paragraph shall
be deposited into the Regulatory Program Fund estab-
lished by paragraph (a) of this section.