H. R. 1905—4
fiscal year 1996 to maintain a minimum conservation pool level
of 475.5 at Wister Lake in Oklahoma.
REGULATORY PROGRAM
For expenses necessary for administration of laws pertaining
to regulation of navigable waters and wetlands, $101,000,000, to
remain available until expended.
FLOOD CONTROL AND COASTAL EMERGENCIES
For expenses necessary for emergency flood control, hurricane,
and shore protection activities, as authorized by section 5 of the
Flood Control Act approved August 18, 1941, as amended,
$10,000,000, to remain available until expended.
OIL SPILL RESEARCH
For expenses necessary to carry out the purposes of the Oil
Spill Liability Trust Fund, pursuant to title VII of the Oil Pollution
Act of 1990, $850,000, to be derived from the Fund and to remain
available until expended.
GENERAL EXPENSES
For expenses necessary for general administration and related
functions in the Office of the Chief of Engineers and offices of
the Division Engineers; activities of the Coastal Engineering
Research Board, the Humphreys Engineer Center Support Activity,
the Engineering Strategic Studies Center, and the Water Resources
Support Center, $151,500,000, to remain available until expended:
Provided, That not to exceed $62,000,000 of the funds provided
in this Act shall be available for general administration and related
functions in the Office of the Chief of Engineers: Provided further,
That no part of any other appropriation provided in title I of
this Act shall be available to fund the activities of the Office
of the Chief of Engineers or the executive direction and management
activities of the Division Offices: Provided further, That with funds
provided herein and notwithstanding any other provision of law,
the Secretary of the Army shall develop and submit to the Congress
(including the Committee on Environment and Public Works of
the Senate and the Committee on Transportation and Infrastructure
of the House of Representatives) within 60 days of enactment of
this Act, a plan which reduces the number of division offices within
the United States Army Corps of Engineers to no less than 6
and no more than 8, with each division responsible for at least
4 district offices, but does not close or change any civil function
of any district office: Provided further, That notwithstanding any
other provision of law, the Secretary of the Army is directed to
begin implementing the division office plan on August 15, 1996,
and such plan shall be implemented prior to October 1, 1997.
ADMINISTRATIVE PROVISIONS
Appropriations in this title shall be available for official recep-
tion and representation expenses (not to exceed $5,000); and during
the current fiscal year the revolving fund, Corps of Engineers,
shall be available for purchase (not to exceed 100 for replacement
only) and hire of passenger motor vehicles.
H. R. 1905—5
GENERAL PROVISIONS
CORPS OF ENGINEERS—CIVIL
SEC. 101. (a) In fiscal year 1996, the Secretary of the Army
shall advertise for competitive bid at least 7,500,000 cubic yards
of the hopper dredge volume accomplished with government owned
dredges in fiscal year 1992.
(b) Notwithstanding the provisions of this section, the Secretary
is authorized to use the dredge fleet of the Corps of Engineers
to undertake projects when industry does not perform as required
by the contract specifications or when the bids are more than
25 percent in excess of what the Secretary determines to be a
fair and reasonable estimated cost of a well equipped contractor
doing the work or to respond to emergency requirements.
(c) None of the funds appropriated herein or otherwise made
available to the Army Corps of Engineers, including amounts con-
tained in the Revolving Fund of the Army Corps of Engineers,
may be used to study, design or undertake improvements or major
repair of the Federal vessel, McFARLAND, except for normal
maintenance and repair necessary to maintain the vessel
McFARLAND’s current operational condition.
(d) If any of the four Corps of Engineers hopper dredges is
removed from normal service for repair or rehabilitation and such
repair prevents the dredge from accomplishing its volume of work
regularly carried out in each of the past three years, the Secretary
shall not significantly alter the operating schedules of the remaining
Federal hopper dredges established in accordance with the require-
ments of subsection (a) above.
SEC. 102. (a) SAND AND STONE CAP IN NAVIGATION PROJECT
AT MANISTIQUE HARBOR, MICHIGAN.—The project for navigation,
Manistique Harbor, Schoolcraft County, Michigan, authorized by
the first section of the Act entitled ‘‘An Act making appropriations
for the construction, repair, and preservation of certain public works
on rivers and harbors, and for other purposes’’, approved March
3, 1905 (33 Stat. 1136), is modified to permit installation of a
sand and stone cap over sediments affected by polychlorinated
biphenyls in accordance with an administrative order of the
Environmental Protection Agency.
(b) PROJECT DEPTH.—The project described in subsection (a)
is modified to provide for an authorized depth of 12.5 feet.
(c) NAVIGATION CHANNEL (MODIFIED).—The reauthorized project
navigation channel shall be defined by the following coordinates:
2911N–2239E, 
3240N–2504E, 
3964N–2874E, 
4182N–2891E,
4469N–2808E, 
4692N–2720E, 
4879N–2615E, 
4952N–2778E,
4438N–2980E, 
4227N–3097E, 
3720N–3068E, 
3076N–2798E,
2996N–2706E, 2783N–2450E.
(d) HARBOR OF REFUGE.—The project described in subsection
(a), including the breakwalls, pier and authorized depth of the
project (as modified by subsection (b)), shall continue to be main-
tained as a harbor of refuge.
SEC. 103. With the exception of the use of funds to process
any required Department of the Army permits, none of the funds
appropriated herein or otherwise available to the Army Corps of
Engineers may be used to assist, guide, coordinate, administer,
prepare for occupancy of, or acquire furnishings for or in preparation
of a movement to the Southeast Federal Center.
H. R. 1905—6
SEC. 104. The project for flood control for Petersburg, West
Virginia, authorized by section 101(a)(26) of the Water Resources
Development Act of 1990 (Public Law 101–640, 104 Stat. 4611)
is modified to authorize the Secretary of the Army to construct
the project at a total cost not to exceed $26,600,000, with an
estimated first Federal cost of $19,195,000 and an estimated first
non-Federal cost of $7,405,000.
SEC. 105. (a) The Secretary of the Army is authorized to accept
from a non-Federal sponsor an amount of additional lands not
to exceed 300 acres which are contiguous to the Cooper Lake and
Channels Project, Texas, authorized by the River and Harbor Act
of 1965 and the Water Resources Development Act of 1986, and
which provide habitat value at least equal to that provided by
the lands authorized to be redesignated in subsection (b).
(b) Upon the completion of subsection (a), the Secretary is
further authorized to redesignate an amount of mitigation land
not to exceed 300 acres to recreation purposes.
(c) The cost of all work to be undertaken pursuant to this
section, including but not limited to real estate appraisals, cultural
and environmental surveys, and all development necessary to avoid
net mitigation losses, to the extent such actions are required, shall
be borne by the donating sponsor.
SEC. 106. Using $2,000,000 of the funds appropriated herein,
the Secretary of the Army, acting through the Chief of Engineers,
is authorized to undertake the Indianapolis, Indiana, project,
authorized in section 5 of Public Law 74–738, as amended, and
as modified to include certain riverfront alterations as described
in the Central Indianapolis Waterfront Concept Master Plan, dated
February, 1994, at a total cost of $65,975,000 with an estimated
first Federal cost of $39,975,000 and an estimated first non-Federal
cost of $26,000,000.
SEC. 107. SOUTH CENTRAL PENNSYLVANIA.
(a) IN GENERAL.—Section 313 of the Water Resources Develop-
ment Act of 1992 (106 Stat. 4845–4847) is amended—
(1) in the heading to subsection (c) by striking ‘‘With
SARCD COUNCIL’’;
(2) in subsection (c) by inserting ‘‘with State, regional,
and local officials, including, where applicable,’’ after ‘‘consult’’;
(3) in subsection (d)(2)(A) by inserting ‘‘,where applicable,’’
after ‘‘Council’’;
(4) in subsection (g)(1) by striking ‘‘$17,000,000’’ and insert-
ing ‘‘$50,000,000’’; and
(5) in subsection (h)(2) by striking ‘‘Bedford, Blair, Cambria,
Fulton, Huntingdon, and Somerset’’ and inserting ‘‘Armstrong,
Bedford, Blair, Cambria, Clearfield, Fayette, Franklin, Fulton,
Huntingdon, Indiana, Juniata, Mifflin, Somerset, Snyder, and
Westmoreland’’.
(b) COST SHARING.—Section 313(d)(3) of the Water Resources
Development Act of 1992 (106 Stat. 4846) is amended to read
as follows:
‘‘(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
H. R. 1905—7
interest prior to entering into a local cooperation agreement
with the Secretary for a project. The Federal share may
in the form of grants or reimbursements of project costs.
‘‘(B) INTEREST.—In the event of delays in reimburse-
ment of the non-Federal share of a project, the non-Federal
interest shall receive credit for reasonable interest to pro-
vide 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 direct costs associated with
obtaining permits necessary for the placement of such
project on public owned or controlled lands, but not to
exceed 25 percent of total project costs.
‘‘(D) OPERATION AND MAINTENANCE CREDIT.—Operation
and maintenance costs for projects constructed with assist-
ance provided under this section shall be 100 percent non-
Federal.’’.
SEC. 108. Using $2,000,000 of the funds appropriated herein,
the Secretary of the Army, acting through the Chief of Engineers,
is authorized and directed to proceed with engineering, design,
and construction of projects to provide for flood control and improve-
ments to rainfall drainage systems in Jefferson, Orleans, and St.
Tammany Parishes, Louisiana, in accordance with the following
reports of the New Orleans District Engineer: Jefferson and Orleans
Parishes, Louisiana, Urban Flood Control and Water Quality
Management, July 1992; Tangipahoa, Techefuncte and Tickfaw Riv-
ers, Louisiana, June 1991; and Schneider Canal, Slidell, Louisiana,
Hurricane Protection, May 1990. There is authorized to be appro-
priated $25,000,000 for the initiation and partial accomplishment
of projects described in these reports. The cost of any work per-
formed by the non-Federal interests subsequent to the above cited
reports, as determined by the Secretary of the Army to be a compat-
ible and integral part of the projects, shall be credited toward
the non-Federal share of the projects.
SEC. 109. (a) IN GENERAL.—Subject to the provisions of this
section, the Secretary of the Army shall convey to the City of
Prestonsburg, Kentucky, all right, title, and interest of the United
States, in and to the land described in the Supplemental Agree-
ment—Modification No. 2 to the Department of the Army lease
#DACW69–1–76–0186, executed by and between the Department
of the Army and the Commonwealth of Kentucky, together with
any improvements thereon.
(b) CONDITIONS.—The conveyance authorized by this section
is subject to the following conditions:
(1) The City shall ensure that the land conveyed by this
section will be used for public use recreational purposes and
to further the regional economic development.
(2) The City shall use all proceeds derived from the sale
or lease of any mineral rights conveyed pursuant to this section
for the development, operation, and maintenance of recreational
facilities on the lands conveyed in accordance with this section.
(3) The City shall accept the property in its condition
at the time of the conveyance. The Secretary shall not be
required to make any improvements in the property’s condition,
and the City shall hold and save the United States free from
any claims or damages arising from any activities on the con-