(A) if, after authorization and before initi-
ation of construction of the project or separable
element, the Secretary approves the plans for
construction of such project by the non-Federal
interest; and
(B) if the Secretary finds, after a review of
studies and design documents prepared pursu-
ant to this section, that construction of the
project or separable element is economically jus-
tified and environmentally acceptable.
(2) MATTERS TO BE CONSIDERED IN REVIEW-
ING
PLANS.—In reviewing plans under this sub-
section, the Secretary shall consider budgetary and
programmatic priorities and other factors that the
Secretary deems appropriate.
(3) MONITORING.—The Secretary shall regu-
larly monitor and audit any project for flood control
approved for construction under this section by a
non-Federal interest in order to ensure that such
construction is in compliance with the plans ap-
proved by the Secretary and that the costs are rea-
sonable.
(4) LIMITATION ON REIMBURSEMENTS.—No re-
imbursement shall be made under this section unless
and until the Secretary has certified that the work
for which reimbursement is requested has been per-
formed in accordance with applicable permits and
approved plans.
(f) SPECIFIC PROJECTS.—For the purpose of dem-
onstrating the potential advantages and effectiveness of
non-Federal implementation of flood control projects, the
Secretary shall enter into agreements pursuant to this sec-
tion with non-Federal interests for development of the fol-
lowing flood control projects by such interests:
(1) BRAYS BAYOU, TEXAS.—Flood control com-
ponents comprising the Brays Bayou element of the
project for flood control, Buffalo Bayou and Tribu-
taries, Texas, authorized by section 101(a)(21) of
the Water Resources Development Act of 1990 (104
Stat. 4610); except that the non-Federal interest
may design and construct an alternative to the di-
version component of such element.
(2) HUNTING
BAYOU, TEXAS.—The Hunting
Bayou element of the project for flood control, Buf-
falo Bayou and Tributaries, Texas, authorized by
such section; except that the non-Federal interest
may design and construct an alternative to such ele-
ment.
(3) WHITE OAK BAYOU, TEXAS.—The project
for flood control, White Oak Bayou watershed,
Texas.
(g) TREATMENT OF FLOOD DAMAGE PREVENTION
MEASURES.—For the purposes of this section, flood dam-
age prevention measures at or in the vicinity of Morgan
City and Berwick, Louisiana, shall be treated as an au-
thorized element of the Atchafalaya Basin feature of the
project for flood control, Mississippi River and Tribu-
taries.
SEC. 211. ENGINEERING AND ENVIRONMENTAL INNOVA-
TIONS OF NATIONAL SIGNIFICANCE.
(a) SURVEYS, PLANS, AND STUDIES.—To encourage
innovative and environmentally sound engineering solu-
tions and innovative environmental solutions to problems
of national significance, the Secretary may undertake sur-
veys, plans, and studies and prepare reports which may
lead to work under existing civil works authorities or to
recommendations for authorizations.
(b) FUNDING.—
(1) AUTHORIZATION
OF
APPROPRIATIONS.—
There is authorized to be appropriated to carry out
this section $3,000,000 for each fiscal year begin-
ning after September 30, 1996.
(2) FUNDING
FROM
OTHER
SOURCES.—The
Secretary may accept and expend additional funds
from other Federal agencies, States, or non-Federal
entities for purposes of carrying out this section.
SEC. 212. LEASE AUTHORITY.
Notwithstanding any other provision of law, the Sec-
retary may lease space available in buildings for which
funding for construction or purchase was provided from
the revolving fund established by the 1st section of the
Civil Functions Appropriations Act, 1954 (33 U.S.C. 576;
67 Stat. 199) under such terms and conditions as are ac-
ceptable to the Secretary. The proceeds from such leases
shall be credited to the revolving fund for the purposes
set forth in such Act.
SEC. 213. COLLABORATIVE RESEARCH AND DEVELOPMENT.
(a) FUNDING FROM OTHER FEDERAL SOURCES.—
Section 7 of the Water Resources Development Act of
1988 (102 Stat. 4022–4023) is amended—
(1) in subsection (a) by inserting ‘‘civil works’’
before ‘‘mission’’; and
(2) by striking subsection (e) and inserting the
following:
‘‘(e) FUNDING FROM OTHER FEDERAL SOURCES.—
The Secretary may accept and expend additional funds
from other Federal programs, including other Department
of Defense programs, to carry out the purposes of this
section.’’.
(b) PRE-AGREEMENT TEMPORARY PROTECTION OF
TECHNOLOGY.—Such section 7 is further amended—
(1) by redesignating subsections (b), (c), (d),
and (e) as subsections (c), (d), (e), and (f), respec-
tively;
(2) by inserting after subsection (a) the follow-
ing new subsection:
‘‘(b) PRE-AGREEMENT TEMPORARY PROTECTION OF
TECHNOLOGY.—
‘‘(1) IN GENERAL.—If the Secretary determines
that information developed as a result of research
and development activities conducted by the Corps of
Engineers is likely to be subject to a cooperative re-
search and development agreement within 2 years of
its development and that such information would be
a trade secret or commercial or financial information
that would be privileged or confidential if the infor-
mation had been obtained from a non-Federal party
participating in a cooperative research and develop-
ment agreement under section 12 of the Stevenson-
Wydler Technology Innovation Act of 1980, the Sec-
retary may provide appropriate protection against
the dissemination of such information, including ex-
emption from subchapter II of chapter 5 of title 5,
United States Code, until the earlier of the date the
Secretary enters into such an agreement with re-
spect to such technology or the last day of the 2-
year period beginning on the date of such determina-
tion.
‘‘(2) TREATMENT.—Any technology covered by
this section which becomes the subject of a coopera-
tive research and development agreement shall be
accorded the protection provided under section
12(c)(7)(B) of such Act (15 U.S.C. 3710a(c)(7)(B))
as if such technology had been developed under a co-
operative research and development agreement.’’;
and
(3) in subsection (d), as so redesignated, by
striking ‘‘(b)’’ and inserting ‘‘(c)’’.
SEC. 214. DAM SAFETY PROGRAM.
Section 13 of the Act entitled ‘‘An Act to authorize
the Secretary of the Army to undertake a national pro-
gram of inspection of dams’’, approved August 8, 1972
(33 U.S.C. 467l; Public Law 92–367), is amended by
striking the second sentence and inserting the following:
‘‘There is authorized to be appropriated $500,000 for each
fiscal year for the purpose of carrying out this section.’’.
SEC. 215. MAINTENANCE, REHABILITATION, AND MOD-
ERNIZATION OF FACILITIES.
In accomplishing the maintenance, rehabilitation, and
modernization of hydroelectric power generating facilities
at water resources projects under the jurisdiction of the
Department of the Army, the Secretary is authorized to
increase the efficiency of energy production and the capac-
ity of these facilities if, after consulting with other appro-
priate Federal and State agencies, the Secretary deter-
mines that such uprating—
(1) is economically justified and financially fea-
sible;
(2) will not result in significant adverse effects
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.
SEC. 216. LONG-TERM SEDIMENT MANAGEMENT STRATE-
GIES.
(a) DEVELOPMENT.—The Secretary shall enter into
cooperative agreements with non-Federal sponsors of navi-
gation projects for development of long-term management
strategies for controlling sediments in such projects.
(b) CONTENTS OF STRATEGIES.—Each strategy de-
veloped under this section for a navigation project—
(1) shall include assessments of the following
with respect to the project: sediment rates and com-
position, sediment reduction options, dredging prac-
tices, long-term management of any dredged mate-
rial disposal facilities, remediation of such facilities,
and alternative disposal and reuse options;
(2) shall include a timetable for implementation
of the strategy; and
(3) shall incorporate, as much as possible, rel-
evant ongoing planning efforts, including remedial
action planning, dredged material management plan-
ning, harbor and waterfront development planning,
and watershed management planning.
(c) CONSULTATION.—In developing strategies under
this section, the Secretary shall consult with interested
Federal agencies, States, and Indian tribes and provide
an opportunity for public comment.
SEC. 217. DREDGED MATERIAL DISPOSAL FACILITY PART-
NERSHIPS.
(a) ADDITIONAL CAPACITY.—
(1) PROVIDED BY SECRETARY.—At the request
of a non-Federal project sponsor, the Secretary may
provide additional capacity at a dredged material
disposal facility constructed by the Department of
the Army beyond that which would be required for
project purposes if the non-Federal project sponsor
agrees to pay, during the period of construction, all
costs associated with the construction of the addi-
tional capacity.
(2) COST
RECOVERY
AUTHORITY.—The non-
Federal project sponsor may recover the costs as-
signed to the additional capacity through fees as-
sessed on 3rd parties whose dredged material is de-
posited in the facility and who enter into agreements
with the non-Federal sponsor for the use of such fa-
cility. The amount of such fees may be determined
by the non-Federal sponsor.
(b) NON-FEDERAL USE OF DISPOSAL FACILITIES.—
(1) IN GENERAL.—The Secretary—
(A) may permit the use of any dredged
material disposal facility under the jurisdiction
of, or managed by, the Secretary by a non-Fed-
eral interest if the Secretary determines that
such use will not reduce the availability of the
facility for project purposes; and
(B) may impose fees to recover capital, op-
eration, and maintenance costs associated with
such use.
(2) USE
OF
FEES.—Notwithstanding section
401(c) of the Federal Water Pollution Control Act
but subject to advance appropriations, any monies
received through collection of fees under this sub-
section shall be available to the Secretary, and shall
be used by the Secretary, for the operation and
maintenance of the disposal facility from which they
were collected.
SEC. 218. OBSTRUCTION REMOVAL REQUIREMENT.
(a) PENALTY.—Section 16 of the Act of March 3,
1899 (33 U.S.C. 411; 30 Stat. 1153), is amended—
(1) by striking ‘‘thirteen, fourteen, and fifteen’’
and inserting ‘‘13, 14, 15, 19, and 20’’; and
(2) by striking ‘‘not exceeding twenty-five hun-
dred dollars nor less than five hundred dollars’’ and
inserting ‘‘of up to $25,000 per day’’.
(b) GENERAL AUTHORITY.—Section 20 of the Act of
March 3, 1899 (33 U.S.C. 415; 30 Stat. 1154), is amend-
ed—
(1) by striking ‘‘expense’’ the first place it ap-
pears in subsection (a) and inserting ‘‘actual ex-
pense, including administrative expenses,’’;
(2) in subsection (b) by striking ‘‘cost’’ and in-
serting 
‘‘actual 
cost, 
including 
administrative
costs,’’;
(3) by redesignating subsection (b) as sub-
section (c); and
(4) by inserting after subsection (a) the follow-
ing new subsection:
‘‘(b) REMOVAL REQUIREMENT.—Within 24 hours
after the Secretary of the Department in which the Coast
Guard is operating issues an order to stop or delay naviga-
tion in any navigable waters of the United States because
of conditions related to the sinking or grounding of a ves-
sel, the owner or operator of the vessel, with the approval
of the Secretary of the Army, shall begin removal of the
vessel using the most expeditious removal method avail-
able or, if appropriate, secure the vessel pending removal
to allow navigation to resume. If the owner or operator
fails to begin removal or to secure the vessel pending re-
moval or fails to complete removal as soon as possible,
the Secretary of the Army shall remove or destroy the ves-
sel using the summary removal procedures under sub-
section (a) of this section.’’.
SEC. 219. SMALL PROJECT AUTHORIZATIONS.
Section 14 of the Flood Control Act of 1946 (33
U.S.C. 701r) is amended—
(1) by striking ‘‘$12,500,000’’ and inserting
‘‘$15,000,000’’; and
(2) by striking ‘‘$500,000’’ and inserting
‘‘$1,500,000’’.
SEC. 220. UNECONOMICAL COST-SHARING REQUIREMENTS.
Section 221(a) of the Flood Control Act of 1970 (42
U.S.C. 1962d–5b) is amended by striking the period at
the end of the first sentence and inserting the following:
‘‘; except that no such agreement shall be required if the
Secretary determines that the administrative costs associ-
ated with negotiating, executing, or administering the
agreement would exceed the amount of the contribution
required from the non-Federal interest and are less than
$25,000.’’.
SEC. 221. PLANNING ASSISTANCE TO STATES.
Section 22 of the Water Resources Development Act
of 1974 (42 U.S.C. 1962d–16) is amended—
(1) in subsection (a) by inserting ‘‘, watersheds,
or ecosystems’’ after ‘‘basins’’;
(2) in subsection (b)—
(A) by striking paragraph (2); and
(B) by redesignating paragraphs (3) and
(4) as paragraphs (2) and (3), respectively; and
(3) in subsection (c)—
(A) by striking ‘‘$6,000,000’’ and inserting
‘‘$10,000,000’’; and
(B) by striking ‘‘$300,000’’ and inserting
‘‘$500,000’’.
SEC. 222. CORPS OF ENGINEERS’ EXPENSES.
Section 211 of the Flood Control Act of 1950 (33
U.S.C. 701u; 64 Stat. 183) is amended—
(1) by striking ‘‘continental limits of the’’; and
(2) by striking the 2d colon and all that follows
through ‘‘for this purpose’’.
SEC. 223. STATE AND FEDERAL AGENCY REVIEW PERIOD.
The 1st section of the Act entitled ‘‘An Act authoriz-
ing the construction of certain public works on rivers and
harbors for flood control, and other purposes’’, approved
December 22, 1944 (33 U.S.C. 701–1(a); 58 Stat. 888),
is amended—
(1) by striking ‘‘Within ninety’’ and inserting
‘‘Within 30’’; and
(2) by striking ‘‘ninety-day period.’’ and insert-
ing ‘‘30-day period.’’.
SEC. 224. LIMITATION ON REIMBURSEMENT OF NON-FED-
ERAL COSTS PER PROJECT.
Section 215(a) of the Flood Control Act of 1968 (42
U.S.C. 1962d–5a(a)) is amended—
(1) by striking ‘‘$3,000,000’’ and inserting
‘‘$5,000,000’’; and
(2) by striking the final period.
SEC. 225. AQUATIC PLANT CONTROL.
(a) ADDITIONAL
CONTROLLED
PLANTS.—Section
104(a) of the River and Harbor Act of 1958 (33 U.S.C.
610(a)) is amended by inserting after ‘‘alligatorweed,’’ the
following: ‘‘melaleuca,’’.
(b) AUTHORIZATION.—Section 104(b) of such Act
(33 U.S.C. 610(b)) is amended by striking ‘‘$12,000,000’’
and inserting ‘‘$15,000,000’’.
SEC. 226. SEDIMENTS DECONTAMINATION TECHNOLOGY.
(a) PROJECT
PURPOSE.—Section 405(a) of the
Water Resources Development Act of 1992 (33 U.S.C.
2239 note; 106 Stat. 4863) is amended by adding at the
end the following:
‘‘(3) PROJECT PURPOSE.—The purpose of the
project to be carried out under this section is to pro-
vide for the development of 1 or more sediment de-
contamination technologies on a pilot scale dem-
onstrating a capacity of at least 500,000 cubic yards
per year.’’.
(b) AUTHORIZATION OF APPROPRIATIONS.—The first
sentence of section 405(c) of such Act is amended to read
as follows: ‘‘There is authorized to be appropriated to
carry out this section $10,000,000 for fiscal years begin-
ning after September 30, 1996.’’.
(c) REPORTS.—Section 405 of such Act is amended
by adding at the end the following:
‘‘(d) REPORTS.—Not later than September 30, 1998,
and periodically thereafter, the Administrator and the Sec-
retary shall transmit to Congress a report on the results
of the project to be carried out under this section, includ-
ing an assessment of the progress made in achieving the
intent of the program set forth in subsection (a)(3).’’.
SEC. 227. PROJECT DEAUTHORIZATIONS.
(a) IN GENERAL.—Section 1001(b)(2) of the Water
Resources Development Act of 1986 (33 U.S.C.
579a(b)(2)) is amended—
(1) by striking ‘‘Before’’ at the beginning of the
second sentence and inserting ‘‘Upon’’; and
(2) by inserting ‘‘planning, designing, or’’ be-
fore ‘‘construction’’ in the last sentence.
(b) TECHNICAL AMENDMENT.—Section 52 of the
Water Resources Development Act of 1988 (33 U.S.C.
579a note; 102 Stat. 4044) is amended—
(1) by striking subsection (a); and
(2) by redesignating subsections (b), (c), (d),
and (e) as subsections (a), (b), (c), and (d), respec-
tively.
SEC. 228. SUPPORT OF ARMY CIVIL WORKS PROGRAM.
(a) GENERAL AUTHORITY.—In carrying out research
and development in support of the civil works program of
the Department of the Army, the Secretary may utilize
contracts, cooperative research and development agree-
ments, cooperative agreements, and grants with non-Fed-
eral entities, including State and local governments, col-
leges and universities, consortia, professional and tech-
nical societies, public and private scientific and technical
foundations, research institutions, educational organiza-
tions, and non-profit organizations.
(b) SPECIAL RULES.—With respect to contracts for
research and development, the Secretary may include re-
quirements that have potential commercial application and
may also use such potential application as an evaluation
factor where appropriate.
SEC. 229. BENEFITS TO NAVIGATION.
In evaluating potential improvements to navigation
and the maintenance of navigation projects, the Secretary
shall consider, and include for purposes of project jus-
tification, economic benefits generated by cruise ships as
commercial navigation benefits.
SEC. 230. LOSS OF LIFE PREVENTION.
Section 904 of the Water Resources Development Act
of 1986 (33 U.S.C. 2281) is amended by inserting ‘‘in-
cluding the loss of life which may be associated with flood-
ing and coastal storm events,’’ after ‘‘costs,’’.
SEC. 231. SCENIC AND AESTHETIC CONSIDERATIONS.
In conducting studies of potential water resources
projects, the Secretary shall consider measures to preserve
and enhance scenic and aesthetic qualities in the vicinity
of such projects.
SEC. 232. REMOVAL OF STUDY PROHIBITIONS.
Nothing in section 208 of the Urgent Supplemental
Appropriations Act, 1986 (100 Stat. 749), section 505 of
the Energy and Water Development Appropriations Act,
1993 (106 Stat. 1343), or any other provision of law shall
be deemed to limit the authority of the Secretary to under-
take studies for the purpose of investigating alternative
modes of financing hydroelectric power facilities under the
jurisdiction of the Department of the Army with funds ap-
propriated after the date of the enactment of this Act.
SEC. 233. SENSE OF CONGRESS; REQUIREMENT REGARD-
ING NOTICE.
(a) PURCHASE
OF AMERICAN-MADE EQUIPMENT
AND PRODUCTS.—It is the sense of Congress that, to the
greatest extent practicable, all equipment and products
purchased with funds made available under this Act
should be American-made.
(b) NOTICE
TO RECIPIENTS
OF ASSISTANCE.—In
providing financial assistance under this Act, the Sec-
retary, to the greatest extent practicable, shall provide to
each recipient of the assistance a notice describing the
statement made in subsection (a).
SEC. 234. RESERVOIR MANAGEMENT TECHNICAL ADVISORY
COMMITTEE.
Section 310 of the Water Resources Development Act
of 1990 (33 U.S.C. 2319; 104 Stat. 4639) is amended—
(1) by striking subsection (a); and
(2) by striking
‘‘(b)
PUBLIC
PARTICIPA-
TION.—’’.
SEC. 235. TECHNICAL CORRECTIONS.
(a) SECTION 203 OF 1992 ACT.—Section 203(b) of
the Water Resources Development Act of 1992 (106 Stat.
4826) is amended by striking ‘‘(8662)’’ and inserting
‘‘(8862)’’.
(b) SECTION 225 OF 1992 ACT.—Section 225(c) of
the Water Resources Development Act of 1992 (106 Stat.
4838) is amended by striking ‘‘(8662)’’ in the second sen-
tence and inserting ‘‘(8862)’’.
TITLE III—PROJECT
MODIFICATIONS
SEC. 301. MOBILE HARBOR, ALABAMA.
The undesignated paragraph under the heading ‘‘MO-
BILE HARBOR, ALABAMA’’ in section 201(a) of the Water
Resources Development Act of 1986 (100 Stat. 4090) is
amended by striking the first semicolon and all that fol-
lows and inserting a period and the following: ‘‘In dispos-
ing of dredged material from such project, the Secretary,
after compliance with applicable laws and after oppor-
tunity for public review and comment, may consider alter-
natives to disposal of such material in the Gulf of Mexico,
including environmentally acceptable alternatives for bene-
ficial uses of dredged material and environmental restora-
tion.’’.
SEC. 302. ALAMO DAM, ARIZONA.
The project for flood control and other purposes,
Alamo Dam and Lake, Arizona, authorized by section 10
of the River and Harbor Act of December 22, 1944, (58
Stat. 900), is modified to authorize the Secretary to oper-
ate the Alamo Dam to provide fish and wildlife benefits
both upstream and downstream of the Dam. Such oper-
ation shall not reduce flood control and recreation benefits
provided by the project.
SEC. 303. NOGALES WASH AND TRIBUTARIES, ARIZONA.
The project for flood control, Nogales Wash and trib-
utaries, Arizona, authorized by section 101(a)(4) of the
Water Resources Development Act of 1990 (104 Stat.
4606), is modified to direct the Secretary to permit the
non-Federal contribution for the project to be determined
in accordance with sections 103(k) and 103(m) of the
Water Resources Development Act of 1986 and to direct
the Secretary to enter into negotiations with non-Federal
interests pursuant to section 103(l) of such Act concerning
the timing of the initial payment of the non-Federal con-
tribution.
SEC. 304. PHOENIX, ARIZONA.
Section 321 of the Water Resources Development Act
of 1992 (106 Stat. 4848) is amended—
(1) by striking ‘‘control’’ and inserting ‘‘control,
ecosystem restoration,’’; and
(2) by striking ‘‘$6,500,000.’’ and inserting
‘‘$17,500,000. The non-Federal share for costs as-
signed to flood control measures to protect developed
areas adjacent to the project shall be consistent with
the cost sharing requirements of section 903(c) of
the Water Resources Development Act of 1986.’’.
SEC. 305. SAN FRANCISCO RIVER AT CLIFTON, ARIZONA.
The project for flood control, San Francisco River,
Clifton, Arizona, authorized by section 101(a)(3) of the
Water Resources Development Act of 1990 (104 Stat.
4606), is modified to authorize the Secretary to construct
the project at a total cost of $21,100,000, with an esti-
mated Federal cost of $13,800,000 and an estimated non-
Federal cost of $7,300,000.