activities with respect to the project, the Secretary
shall give priority consideration to those individuals
who would be directly affected by any physical dis-
placement due to project design and shall consider the
financial circumstances of such individuals. The Sec-
retary shall proceed with real estate acquisition in
connection with the project expeditiously.
SEC. 102. SMALL FLOOD CONTROL PROJECTS.
(a) PROJECT DESCRIPTIONS.—The Secretary shall
conduct a study for each of the following projects and, if
the Secretary determines that the project is feasible, shall
carry out the project under section 205 of the Flood Control
Act of 1948 (33 U.S.C. 701s):
(1) SOUTH UPLAND, SAN BERNADINO COUNTY,
CALIFORNIA.—Project for flood control, South Up-
land, San Bernadino County, California.
(2) BIRDS, 
LAWRENCE
COUNTY, 
ILLINOIS.—
Project for flood control, Birds, Lawrence County, Il-
linois.
(3) BRIDGEPORT, 
LAWRENCE
COUNTY, 
ILLI-
NOIS.—Project for flood control, Bridgeport, Lawrence
County, Illinois.
(4) EMBARRAS RIVER, VILLA GROVE, ILLINOIS.—
Project for flood control, Embarras River, Villa
Grove, Illinois.
(5) FRANKFORT, 
WILL
COUNTY, 
ILLINOIS.—
Project for flood control, Frankfort, Will County, Illi-
nois.
(6) SUMNER, LAWRENCE
COUNTY, ILLINOIS.—
Project for flood control, Sumner, Lawrence County,
Illinois.
(7) VERMILLION RIVER, DEMANADE PARK, LA-
FAYETTE, LOUISIANA.—Project for nonstructural flood
control, Vermillion River, Demanade Park, Lafayette,
Louisiana. In carrying out the study and the project
(if any) under this paragraph, the Secretary shall use
relevant information from the Lafayette Parish fea-
sibility study and expedite completion of the study
under this paragraph.
(8) VERMILLION RIVER, QUAIL HOLLOW SUBDIVI-
SION, 
LAFAYETTE, 
LOUISIANA.—Project for non-
structural flood control, Vermillion River, Quail Hol-
low Subdivision, Lafayette, Louisiana. In carrying
out the study and the project (if any) under this
paragraph, the Secretary shall use relevant informa-
tion from the Lafayette Parish feasibility study and
expedite completion of the study under this para-
graph.
(9) KAWKAWLIN
RIVER, BAY
COUNTY, MICHI-
GAN.—Project for flood control, Kawkawlin River,
Bay County, Michigan.
(10) WHITNEY DRAIN, ARENAC COUNTY, MICHI-
GAN.—Project for flood control, Whitney Drain,
Arenac County, Michigan.
(11) FESTUS AND CRYSTAL CITY, MISSOURI.—
Project for flood control, Festus and Crystal City,
Missouri. In carrying out the study and the project
(if any) under this paragraph, the Secretary shall use
relevant information from the existing reconnaissance
study and shall expedite completion of the study
under this paragraph.
(12) KIMMSWICK, MISSOURI.—Project for flood
control, Kimmswick, Missouri. In carrying out the
study and the project (if any) under this paragraph,
the Secretary shall use relevant information from the
existing reconnaissance study and shall expedite com-
pletion of the study under this paragraph.
(13) RIVER DES PERES, ST. LOUIS COUNTY,
MISSOURI.—Project for flood control, River Des Peres,
St. Louis County, Missouri. In carrying out the study
and the project (if any), the Secretary shall determine
the feasibility of potential flood control measures, con-
sider potential storm water runoff and related im-
provements, and cooperate with the Metropolitan St.
Louis Sewer District.
(14) BUFFALO
CREEK, 
ERIE
COUNTY, 
NEW
YORK.—Project for flood control, Buffalo Creek, Erie
County, New York.
(15) CAZENOVIA
CREEK, ERIE
COUNTY, NEW
YORK.—Project for flood control, Cazenovia Creek,
Erie County, New York.
(16) 
CHEEKTOWAGA, 
ERIE
COUNTY, 
NEW
YORK.—Project for flood control, Cheektowaga, Erie
County, New York.
(17) FULMER CREEK, VILLAGE OF MOHAWK, NEW
YORK.—Project for flood control, Fulmer Creek, Vil-
lage of Mohawk, New York.
(18) MOYER
CREEK, VILLAGE
OF
FRANKFORT,
NEW YORK.—Project for flood control, Moyer Creek,
Village of Frankfort, New York.
(19) SAUQUOIT
CREEK, 
WHITESBORO, 
NEW
YORK.—Project for flood control, Sauquoit Creek,
Whitesboro, New York.
(20) STEELE CREEK, VILLAGE OF ILION, NEW
YORK.—Project for flood control, Steele Creek, Village
of Ilion, New York.
(21) WILLAMETTE RIVER, OREGON.—Project for
nonstructural flood control, Willamette River, Oregon,
including floodplain and ecosystem restoration.
(22) WILLS CREEK, HYNDMAN, PENNSYLVANIA.—
Project for flood control, Wills Creek, Borough of
Hyndman, Pennsylvania. The Secretary shall re-
evaluate the project taking into consideration recent
flooding and shall use relevant information from pre-
vious studies to expedite the project. In evaluating
and implementing the project, the Secretary shall
allow non-Federal interests to participate in financ-
ing of the project in accordance with section 903(c)
of the Water Resources Development Act of 1986 to
the extent that the Secretary’s evaluation indicates
that applying such section is necessary to implement
the project.
(23) NEABSCO CREEK WATERSHED, VIRGINIA.—
Project for flood control, Neabsco Creek Watershed,
Prince William County, Virginia. In evaluating and
implementing the project, the Secretary shall allow
the non-Federal interest to participate in financing of
the project in accordance with section 903(c) of the
Water Resources Development Act of 1986, to the ex-
tent that the Secretary’s evaluation indicates that ap-
(4) COST SHARING.—Nothing in this subsection
shall be construed to affect any cost-sharing require-
ment applicable to the project referred to in para-
graph (1) under the Water Resources Development Act
of 1986.
SEC. 103. SMALL BANK STABILIZATION PROJECTS.
The Secretary shall conduct a study for each of the
following projects and, if the Secretary determines that the
project is feasible, shall carry out the project under section
14 of the Flood Control Act of 1946 (33 U.S.C. 701r):
(1) ALLEGHENY RIVER AT OIL CITY, PENNSYLVA-
NIA.—Project for bank stabilization to address erosion
problems affecting the pipeline crossing the Allegheny
River at Oil City, Pennsylvania, including measures
to address erosion affecting the pipeline in the bed of
the Allegheny River and its adjacent banks.
(2) CUMBERLAND
RIVER, 
NASHVILLE, 
TEN-
NESSEE.—Project for bank stabilization, Cumberland
River, Nashville, Tennessee.
(3) TENNESSEE RIVER, HAMILTON COUNTY, TEN-
NESSEE.—Project for bank stabilization, Tennessee
River, Hamilton County, Tennessee; except that the
maximum amount of Federal funds that may be allot-
ted for the project shall be $7,500,000.
SEC. 104. SMALL NAVIGATION PROJECTS.
The Secretary shall conduct a study for each of the
following projects and, if the Secretary determines that the
project is feasible, shall carry out the project under section
107 of the River and Harbor Act of 1960 (33 U.S.C. 577):
(1) AKUTAN, ALASKA.—Project for navigation,
Akutan, Alaska, consisting of a bulkhead and a wave
barrier, including application of innovative tech-
nology involving use of a permeable breakwater.
(2) GRAND
MARAIS
HARBOR
BREAKWATER,
MICHIGAN.—Project for navigation, Grand Marais
Harbor breakwater, Michigan.
(3) DULUTH, MINNESOTA.—Project for naviga-
tion, Duluth, Minnesota.
(4) TACONITE, MINNESOTA.—Project for naviga-
tion, Taconite, Minnesota.
(5) TWO
HARBORS, MINNESOTA.—Project for
navigation, Two Harbors, Minnesota.
(6) CARUTHERSVILLE HARBOR, PEMISCOT COUN-
TY, MISSOURI.—Project for navigation, Caruthersville
Harbor, Pemiscot County, Missouri, including en-
largement of the existing harbor and bank stabiliza-
tion measures.
(7) NEW MADRID COUNTY HARBOR, MISSOURI.—
Project for navigation, New Madrid County Harbor,
Missouri, including enlargement of the existing har-
bor and bank stabilization measures.
(8) BROOKLYN, NEW YORK.—Project for naviga-
tion, Brooklyn, New York, including restoration of the
pier and related navigation support structures, at the
Sixty-Ninth Street Pier.
(9) BUFFALO
INNER
HARBOR, BUFFALO, NEW
YORK.—Project for navigation, Buffalo Inner Harbor,
Buffalo, New York.
(10) UNION SHIP CANAL, BUFFALO AND LACKA-
WANNA, NEW YORK.—Project for navigation, Union
Ship Canal, Buffalo and Lackawanna, New York.
SEC. 105. SMALL SHORELINE PROTECTION PROJECTS.
(a) PROJECT AUTHORIZATIONS.—The Secretary shall
conduct a study for each of the following projects, and if
the Secretary determines that the project is feasible, shall
carry out the project under section 3 of the Shoreline Protec-
tion Act of August 13, 1946 (33 U.S.C. 426g):
(1) FAULKNER’S ISLAND, CONNECTICUT.—Project
for shoreline protection, Faulkner’s Island, Connecti-
cut; except that the maximum amount of Federal
funds that may be allotted for the project shall be
$4,500,000.
(2) FORT PIERCE, FLORIDA.—Project for 1 mile
of additional shoreline protection, Fort Pierce, Flor-
ida.
(3) SYLVAN
BEACH
BREAKWATER, TOWN
OF
VERONA, ONEIDA
COUNTY, NEW
YORK.—Project for
shoreline protection, Sylvan Beach Breakwater, town
of Verona, Oneida County, New York.
(b) COST SHARING AGREEMENT.—In carrying out the
project authorized by subsection (a)(1), the Secretary shall
enter into an agreement with the property owner to deter-
mine allocation of the project costs.
SEC. 106. SMALL SNAGGING AND SEDIMENT REMOVAL
PROJECT, MISSISSIPPI RIVER, LITTLE FALLS,
MINNESOTA.
The Secretary shall conduct a study for a project for
clearing, snagging, and sediment removal, East Bank of the
Mississippi River, Little Falls, Minnesota, including re-
moval of sediment from culverts. The study shall include
a determination of the adequacy of culverts to maintain
flows through the channel. If the Secretary determines that
the project is feasible, the Secretary shall carry out the
project under section 3 of the River and Harbor Act of
March 2, 1945 (33 U.S.C. 603a; 59 Stat. 23).
SEC. 107. SMALL PROJECTS FOR IMPROVEMENT OF THE EN-
VIRONMENT.
The Secretary shall conduct a study for each of the
following projects and, if the Secretary determines that the
project is appropriate, shall carry out the project under sec-
tion 1135(a) of the Water Resources Development Act of
1986 (33 U.S.C. 2309(a)):
(1) UPPER TRUCKEE RIVER, EL DORADO COUN-
TY, CALIFORNIA.—Project for environmental restora-
tion, Upper Truckee River, El Dorado County, Cali-
fornia, including measures for restoration of degraded
wetlands and wildlife enhancement.
(2) SAN LORENZO RIVER, CALIFORNIA.—Project
for habitat restoration, San Lorenzo River, Califor-
nia.
(3) WHITTIER
NARROWS
DAM, CALIFORNIA.—
Project for environmental restoration and remedi-
ation of contaminated water sources, Whittier Nar-
rows Dam, California.
(4) UPPER JORDAN RIVER, SALT LAKE COUNTY,
UTAH.—Project for channel restoration and environ-
mental improvement, Upper Jordan River, Salt Lake
County, Utah.
TITLE II—GENERALLY
APPLICABLE PROVISIONS
SEC. 201. COST SHARING FOR DREDGED MATERIAL DIS-
POSAL AREAS.
(a) CONSTRUCTION.—Section 101(a) of the Water Re-
sources Development Act of 1986 (33 U.S.C. 2211(a); 100
Stat. 4082–4083) is amended—
(1) by striking the last sentence of paragraph (2)
and inserting the following: ‘‘The value of lands, ease-
ments, rights-of-way, and relocations provided under
paragraph (3) and the costs of relocations borne by
the non-Federal interests under paragraph (4) shall
be credited toward the payment required under this
paragraph.’’;
(2) in paragraph (3)—
(A) by inserting ‘‘and’’ after ‘‘rights-of-
way,’’;
(B) by striking ‘‘, and dredged material dis-
posal areas’’; and
(C) by inserting ‘‘, including any lands,
easements, rights-of-way, and relocations (other
than utility relocations accomplished under
paragraph (4)) that are necessary for dredged
material disposal facilities’’ before the period at
the end of such paragraph; and
pended for such construction are equitably apportioned in
accordance with regional needs.’’.
(e) ELIGIBLE OPERATIONS AND MAINTENANCE DE-
FINED.—Section 214(2)(A) of such Act (33 U.S.C. 2241;
100 Stat. 4108) is amended—
(1) by inserting ‘‘Federal’’ after ‘‘means all’’;
(2) by inserting ‘‘(i)’’ after ‘‘including’’; and
(3) by inserting before the period at the end the
following: ‘‘; (ii) the construction of dredged material
disposal facilities that are necessary for the operation
and maintenance of any harbor or inland harbor;
(iii) dredging and disposing of contaminated sedi-
ments which are in or which affect the maintenance
of Federal navigation channels; (iv) mitigating for
impacts resulting from Federal navigation operation
and maintenance activities; and (v) operating and
maintaining dredged material disposal facilities’’.
(f) AMENDMENT OF COOPERATION AGREEMENT.—If
requested by the non-Federal interest, the Secretary shall
amend a project cooperation agreement executed on or be-
fore the date of the enactment of this Act to reflect the appli-
cation of the amendments made by this section to any
project for which a contract for construction has not been
awarded on or before such date of enactment.
(g) AUTHORIZATION
OF APPROPRIATIONS.—Section
210 of such Act (33 U.S.C. 2238; 100 Stat. 4106) is amend-
ed—
(1) by striking ‘‘(a) TRUST FUND.—’’;
(2) by striking ‘‘1954’’ and inserting ‘‘1986’’;
and
(3) by striking subsection (b).
SEC. 202. FLOOD CONTROL POLICY.
(a) FLOOD CONTROL COST SHARING.—
(1) INCREASED NON-FEDERAL CONTRIBUTIONS.—
Subsections (a) and (b) of section 103 of the Water
Resources Development Act of 1986 (33 U.S.C.
2213(a) and (b)) are each amended by striking ‘‘25
percent’’ each place it appears and inserting ‘‘35 per-
cent’’.
(2) APPLICABILITY.—The amendments made by
paragraph (1) shall apply to projects authorized after
the date of the enactment of this Act.
(b) ABILITY TO PAY.—
(1) IN GENERAL.—Section 103(m) of such Act
(33 U.S.C. 2213(m)) is amended to read as follows:
‘‘(m) ABILITY TO PAY.—
‘‘(1) IN GENERAL.—Any cost-sharing agreement
under this section for flood control or agricultural
water supply shall be subject to the ability of a non-
Federal interest to pay.
‘‘(2) CRITERIA AND PROCEDURES.—The ability
of any non-Federal interest to pay shall be deter-
mined by the Secretary in accordance with criteria
and procedures in effect on the day before the date of
the enactment of the Water Resources Development
Act of 1996; except that such criteria and procedures
shall be revised within 6 months after the date of such
enactment to reflect the requirements of paragraph
(3).
‘‘(3) REVISION
OF
PROCEDURES.—In revising
procedures pursuant to paragraph (1), the Sec-
retary—
‘‘(A) shall consider—
‘‘(i) per capita income data for the
county or counties in which the project is to
be located; and
‘‘(ii) the per capita non-Federal cost of
construction of the project for the county or
counties in which the project is to be lo-
cated;
‘‘(B) shall not consider criteria (other than
criteria described in subparagraph (A)) in effect
on the day before the date of the enactment of
the Water Resources Development Act of 1996;
and
‘‘(C) may consider additional criteria relat-
ing to the non-Federal interest’s financial ability
to carry out its cost-sharing responsibilities, to
the extent that the application of such criteria
does not eliminate areas from eligibility for a re-
duction in the non-Federal share as determined
under subparagraph (A).
‘‘(4) NON-FEDERAL
SHARE.—Notwithstanding
subsection (a), the Secretary shall reduce or eliminate
the requirement that a non-Federal interest make a
cash contribution for any project that is determined
to be eligible for a reduction in the non-Federal share
under procedures in effect under paragraphs (1), (2),
and (3).’’.
(2) APPLICABILITY.—
(A) GENERALLY.—Subject to subparagraph
(C), the amendment made by paragraph (1)
shall apply to any project, or separable element
thereof, with respect to which the Secretary and
the non-Federal interest have not entered into a
project cooperation agreement on or before the
date of the enactment of this Act.
(B) AMENDMENT OF COOPERATION AGREE-
MENT.—If requested by the non-Federal interest,
the Secretary shall amend a project cooperation
agreement executed on or before the date of the
enactment of this Act to reflect the application of
the amendment made by paragraph (1) to any
project for which a contract for construction has
not been awarded on or before such date of enact-
ment.
(C) NON-FEDERAL OPTION.—If requested by
the non-Federal interest, the Secretary shall
apply the criteria and procedures established
pursuant to section 103(m) of the Water Re-
sources Development Act of 1986 as in effect on
the day before the date of the enactment of this
Act for projects that are authorized before the
date of the enactment of this Act.
(c) FLOOD PLAIN MANAGEMENT PLANS.—
(1) IN GENERAL.—Section 402 of such Act (33
U.S.C. 701b–12; 100 Stat. 4133) is amended to read
as follows:
‘‘SEC. 402. FLOOD PLAIN MANAGEMENT REQUIREMENTS.
‘‘(a) COMPLIANCE WITH FLOOD PLAIN MANAGEMENT
AND INSURANCE PROGRAMS.—Before construction of any
project for local flood protection or any project for hurri-
cane or storm damage reduction and involving Federal as-
sistance from the Secretary, the non-Federal interest shall
agree to participate in and comply with applicable Federal
flood plain management and flood insurance programs.
‘‘(b) FLOOD PLAIN MANAGEMENT PLANS.—Within 1
year after the date of signing a project cooperation agree-
ment for construction of a project to which subsection (a)
applies, the non-Federal interest shall prepare a flood plain
management plan designed to reduce the impacts of future
flood events in the project area. Such plan shall be imple-
mented by the non-Federal interest not later than 1 year
after completion of construction of the project.
‘‘(c) GUIDELINES.—
‘‘(1) IN GENERAL.—Within 6 months after the
date of the enactment of this subsection, the Secretary
shall develop guidelines for preparation of flood plain
management plans by non-Federal interests under
subsection (b). Such guidelines shall address potential
measures, practices and policies to reduce loss of life,
injuries, damages to property and facilities, public
expenditures, and other adverse impacts associated
with flooding and to preserve and enhance natural
flood plain values.
‘‘(2) LIMITATION
ON
STATUTORY
CONSTRUC-
TION.—Nothing in this subsection shall be construed
to confer any regulatory authority upon the Sec-
retary.
‘‘(d) TECHNICAL SUPPORT.—The Secretary is author-
ized to provide technical support to a non-Federal interest
for a project to which subsection (a) applies for the develop-
ment and implementation of plans prepared under sub-
section (b).’’.
(2) APPLICABILITY.—The amendment made by
paragraph (1) shall apply to any project or separable
element thereof with respect to which the Secretary
and the non-Federal interest have not entered into a
project cooperation agreement on or before the date of
the enactment of this Act.
(d) NON-STRUCTURAL FLOOD CONTROL POLICY.—
(1) REVIEW.—The Secretary shall conduct a re-
view of policies, procedures, and techniques relating
to the evaluation and development of flood control
measures with a view toward identifying impedi-
ments that may exist to justifying non-structural
flood control measures as alternatives to structural
measures.
(2) REPORT.—Not later than 1 year after the
date of the enactment of this Act, the Secretary shall
transmit to Congress a report on the findings on the
review conducted under this subsection, together with
any recommendations for modifying existing law to
remove any impediments identified under such re-
view.
(e) EMERGENCY RESPONSE.—Section 5(a)(1) of the
Act entitled ‘‘An Act authorizing the construction of certain
public works on rivers and harbors for flood control, and
for other purposes’’, approved August 18, 1941 (33 U.S.C.
701n(a)(1)), is amended by inserting before the first semi-
colon the following: ‘‘, or in implementation of non-
structural alternatives to the repair or restoration of such
flood control work if requested by the non-Federal sponsor’’.
(f) NONSTRUCTURAL ALTERNATIVES.—Section 73 of
the Water Resources Development Act of 1974 (33 U.S.C.
701b–11; 88 Stat. 32) is amended by striking subsection
(a) and inserting the following:
‘‘(a) In the survey, planning, or design by any Federal
agency of any project involving flood protection, such agen-
cy, with a view toward formulating the most economically,
socially, and environmentally acceptable means of reducing
or preventing flood damages, shall consider and address in
adequate detail nonstructural alternatives, including meas-
ures that may be implemented by others, to prevent or re-
duce flood damages. Such alternatives may include water-
shed management, wetlands restoration, elevation or flood
proofing of structures, floodplain regulation, relocation, and
acquisition of floodplain lands for recreational, fish and
wildlife, and other public purposes.’’.
SEC. 203. FEASIBILITY STUDY COST-SHARING.
(a) NON-FEDERAL SHARE.—Section 105(a)(1) of the
Water Resources Development Act of 1986 (33 U.S.C.
2215(a)(1)) is amended—
(1) in the first sentence, by striking ‘‘during the
period of such study’’;
(2) by inserting after the first sentence the fol-
lowing: ‘‘During the period of the study, the non-Fed-
eral share of the cost of the study shall be not more
than 50 percent of the estimate of the cost of the study
as contained in the feasibility cost-sharing agreement.
The cost estimate may be amended only by mutual
agreement of the Secretary and the non-Federal inter-
ests. The non-Federal share of any costs in excess of
the cost estimate shall, except as otherwise mutually
agreed by the Secretary and the non-Federal interests,
be payable after the project has been authorized for
construction and on the date on which the Secretary
and non-Federal interests enter into an agreement
pursuant to section 101(e) or 103(j). In the event the
project which is the subject of the study is not author-
ized within the earlier of 5 years of the date of the
final report of the Chief of Engineers concerning such
study or 2 years of the date of termination of the
study, the non-Federal share of any such excess costs
shall be paid to the United States on the last day
of such period.’’; and
(3) in the second sentence, by striking ‘‘such non-
Federal contribution’’ and inserting ‘‘the non-Federal
share required under this paragraph’’.
(b) APPLICABILITY.—The amendments made by sub-
section (a) shall apply notwithstanding any feasibility cost-
sharing agreement entered into by the Secretary and non-
Federal interests. Upon request of the non-Federal interest,
the Secretary shall amend any feasibility cost-sharing
agreements in effect on the date of enactment of this Act
so as to conform the agreements with the amendments.
(c) LIMITATION
ON STATUTORY CONSTRUCTION.—
Nothing in this section or any amendment made by this
section shall require the Secretary to reimburse the non-
Federal interests for funds previously contributed for a
study.
SEC. 204. RESTORATION OF ENVIRONMENTAL QUALITY.
(a) REVIEW OF PROJECTS.—Section 1135(a) of the
Water Resources Development Act of 1986 (33 U.S.C.
2309a(a)) is amended—
(1) by striking ‘‘the operation of’’; and
(2) by inserting before the period at the end the
following: ‘‘and to determine if the operation of such
projects has contributed to the degradation of the
quality of the environment’’.
(b) PROGRAM OF PROJECTS.—Section 1135(b) of such
Act is amended by striking the last 2 sentences of subsection
(b).
(c) RESTORATION
OF ENVIRONMENTAL QUALITY.—
Section 1135 of such Act is further amended—
(1) by redesignating subsections (c), (d), and (e)
as subsections (e), (f), and (g), respectively;
(2) by inserting after subsection (b) the following
new subsections:
‘‘(c) RESTORATION OF ENVIRONMENTAL QUALITY.—If
the Secretary determines that construction of a water re-
source project by the Secretary or operation of a water re-
sources project constructed by the Secretary has contributed
to the degradation of the quality of the environment, the
Secretary may undertake measures for restoration of envi-
ronmental quality and measures for enhancement of envi-
ronmental quality that are associated with the restoration,
either through modifications at the project site or at other
locations that have been affected by the construction or oper-
ation of the project, if such measures do not conflict with
the authorized project purposes.
‘‘(d) NON-FEDERAL SHARE; LIMITATION ON MAXIMUM
FEDERAL EXPENDITURE.—The non-Federal share of the
cost of any modifications or measures carried out or under-
taken pursuant to subsection (b) or (c) of this section shall
be 25 percent. Not more than 80 percent of the non-Federal
share may be in kind, including a facility, supply, or serv-
ice that is necessary to carry out the modification. No more
than $5,000,000 in Federal funds may be expended on any
single modification or measure carried out or undertaken
pursuant to this section.’’; and
(3) in subsection (f), as so redesignated, by strik-
ing ‘‘program conducted under subsection (b)’’ and
inserting ‘‘programs conducted under subsections (b)
and (c)’’.
(d) DEFINITION.—Section 1135 of such Act is further
amended by adding at the end the following:
‘‘(h) DEFINITION.—In this section the term ‘water re-
sources project constructed by the Secretary’ includes a
water resources project constructed or funded jointly by the
Secretary and the head of any other Federal agency (includ-
ing the Natural Resources Conservation Service).’’.
SEC. 205. ENVIRONMENTAL DREDGING.
Section 312 of the Water Resources Development Act
of 1990 (104 Stat. 4639–4640) is amended—
(1) in each of subsections (a), (b), and (c) by in-
serting ‘‘and remediate’’ after ‘‘remove’’ each place it
appears;
(2) in subsection (b)(1) by inserting ‘‘and reme-
diation’’ after ‘‘removal’’ each place it appears;
(3) 
in 
subsection 
(b)(2) 
by 
striking
‘‘$10,000,000’’ and inserting ‘‘$30,000,000’’; and
(4) by striking subsection (f) and inserting the
following:
‘‘(f) In carrying out this section, the Secretary shall
give priority to work in the following areas:
‘‘(1) Brooklyn Waterfront, New York.
‘‘(2) Buffalo Harbor and River, New York.
‘‘(3) Ashtabula River, Ohio.
‘‘(4) Mahoning River, Ohio.
‘‘(5) Lower Fox River, Wisconsin.’’.
SEC. 206. AQUATIC ECOSYSTEM RESTORATION.
(a) GENERAL AUTHORITY.—The Secretary is author-
ized to carry out aquatic ecosystem restoration and protec-
tion projects when the Secretary determines that such
projects will improve the quality of the environment and
are in the public interest and that the environmental and
economic benefits, both monetary and nonmonetary, of the
project to be undertaken pursuant to this section justify the
cost.
(b) COST SHARING.—Non-Federal interests shall pro-
vide 50 percent of the cost of construction of any project
carried out under this section, including provision of all
lands, easements, rights-of-way, and necessary relocations.
(c) AGREEMENTS.—Construction of a project under
this section shall be initiated only after a non-Federal inter-
est has entered into a binding agreement with the Secretary
to pay the non-Federal share of the costs of construction
required by this section and to pay 100 percent of any oper-
ation, maintenance, and replacement and rehabilitation
costs with respect to the project in accordance with regula-
tions prescribed by the Secretary.
(d) COST LIMITATION.—Not more than $5,000,000 in
Federal funds may be allotted under this section for a
project at any single locality.
(e) FUNDING.—There is authorized to be appropriated
not to exceed $25,000,000 annually to carry out this section.
SEC. 207. BENEFICIAL USES OF DREDGED MATERIAL.
Section 204 of the Water Resources Development Act
of 1992 (106 Stat. 4826) is amended—
(1) by redesignating subsection (e) as subsection
(f); and
(2) by inserting after subsection (d) the follow-
ing:
‘‘(e) SELECTION OF DREDGED MATERIAL DISPOSAL
METHOD.—In developing and carrying out a project for
navigation involving the disposal of dredged material, the
Secretary may select, with the consent of the non-Federal
interest, a disposal method that is not the least-cost option
if the Secretary determines that the incremental costs of
such disposal method are minimal and that the benefits to
the aquatic environment to be derived from such disposal
method, including the creation of wetlands and control of
shoreline erosion, justify its selection. The Federal share of
such incremental costs shall be determined in accordance
with subsection (c).’’.
SEC. 208. RECREATION POLICY AND USER FEES.
(a) RECREATION POLICIES.—
(1) IN GENERAL.—The Secretary shall provide
increased emphasis on and opportunities for recre-
ation at water resources projects operated, main-
tained, or constructed by the Corps of Engineers.
(2) REPORT.—Not later than 2 years after the
date of the enactment of this Act, the Secretary shall
transmit to Congress a report on specific measures
taken to implement this subsection.
(b) RECREATION USER FEES.—Section 210(b) of the
Flood Control Act of 1968 (16 U.S.C. 460d–3(b)) is amend-
ed by adding at the end the following:
‘‘(5) USE OF FEES COLLECTED AT FACILITY.—
Subject to advance appropriations, the Secretary of
the Army shall ensure that at least an amount equal
to the total amount of fees collected at any project
under this subsection in a fiscal year beginning after
September 30, 1996, are expended in the succeeding
fiscal year at such project for operation and mainte-
nance of recreational facilities at such project.’’.
SEC. 209. RECOVERY OF COSTS.
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 and any other amounts recovered by the
Secretary from a contractor, insurer, surety, or other person
to reimburse the Army for any expenditure for environ-
mental response activities 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. 210. COST SHARING OF ENVIRONMENTAL PROJECTS.
(a) IN GENERAL.—Section 103(c) of the Water Re-
sources Development Act of 1986 (33 U.S.C. 2213(c)) is
amended—
(1) by striking ‘‘and’’ at the end of paragraph
(5);
(2) by striking the period at the end of para-
graph (6) and inserting ‘‘; and’’; and
(3) by inserting after paragraph (6) the follow-
ing new paragraph:
‘‘(7) subject to section 906 of this Act, environ-
mental protection and restoration: 50 percent.’’.
(b) APPLICABILITY.—The amendments made by sub-
section (a) apply only to projects authorized after the date
of the enactment of this Act.
SEC. 211. CONSTRUCTION OF FLOOD CONTROL PROJECTS
BY NON-FEDERAL INTERESTS.
(a) AUTHORITY.—Non-Federal interests are authorized
to undertake flood control projects in the United States, sub-
ject to obtaining any permits required pursuant to Federal
and State laws in advance of actual construction.
(b) STUDIES AND DESIGN ACTIVITIES.—
(1) BY NON-FEDERAL INTERESTS.—A non-Fed-
eral interest may prepare, for review and approval by
the Secretary, the necessary studies and design docu-
ments for any construction to be undertaken pursuant
to subsection (a).
(2) BY SECRETARY.—Upon request of an appro-
priate non-Federal interest, the Secretary may under-
take all necessary studies and design activities for
any construction to be undertaken pursuant to sub-
section (a) and provide technical assistance in obtain-
ing all necessary permits for such construction if the
non-Federal interest contracts with the Secretary to
furnish the United States funds for the studies and
design activities during the period that the studies
and design activities will be conducted.
(c) COMPLETION OF STUDIES AND DESIGN ACTIVI-
TIES.—In the case of any study or design documents for
a flood control project that were initiated before the date
of the enactment of this Act, the Secretary is authorized
to complete and transmit to the appropriate non-Federal
interests the study or design documents or, upon the request
of such non-Federal interests, to terminate the study or de-
sign activities and transmit the partially completed study
or design documents to such non-Federal interests for com-
pletion. Studies and design documents subject to this sub-
section shall be completed without regard to the require-
ments of subsection (b).
(d) AUTHORITY TO CARRY OUT IMPROVEMENT.—
(1) IN
GENERAL.—Any non-Federal interest
which has received from the Secretary pursuant to
subsection (b) or (c) a favorable recommendation to
carry out a flood control project or separable element
thereof based on the results of completed studies and
design documents for the project or element, may
carry out the project or element if a final environ-
mental impact statement has been filed for the project
or element.
(2) PERMITS.—Any plan of improvement pro-
posed to be implemented in accordance with this sub-
section shall be deemed to satisfy the requirements for
obtaining the appropriate permits required under the
Secretary’s authority and such permits shall be grant-
ed subject to the non-Federal interest’s acceptance of
the terms and conditions of such permits if the Sec-
retary determines that the applicable regulatory cri-
teria and procedures have been satisfied.
(3) MONITORING.—The Secretary shall monitor
any project for which a permit is granted under this
subsection in order to ensure that such project is con-
structed, operated, and maintained in accordance
with the terms and conditions of such permit.
(e) REIMBURSEMENT.—
(1) GENERAL RULE.—Subject to appropriation
Acts, the Secretary is authorized to reimburse any
non-Federal interest an amount equal to the estimate
of the Federal share, without interest, of the cost of
and until the Secretary has certified that the work for
which reimbursement is requested has been performed
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) LOS
ANGELES
COUNTY
DRAINAGE
AREA,
CALIFORNIA.—The project for flood control, Los Ange-
les County Drainage Area, California, authorized by
section 101(b) of the Water Resources Development
Act of 1990 (104 Stat. 4611).
(2) STOCKTON METROPOLITAN AREA, CALIFOR-
NIA.—The project for flood control, Stockton Metro-
politan Area, California.
(3) BRAYS BAYOU, TEXAS.—Flood control compo-
nents 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 de-
sign and construct an alternative to the diversion
component of such element.
(4) HUNTING
BAYOU, TEXAS.—The Hunting
Bayou element of the project for flood control, Buffalo
Bayou and Tributaries, Texas, authorized by such
section; except that the non-Federal interest may de-
sign and construct an alternative to such element.
(5) 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 damage
prevention measures at or in the vicinity of Morgan City
and Berwick, Louisiana, shall be treated as an authorized
element of the Atchafalaya Basin feature of the project for
flood control, Mississippi River and Tributaries.
SEC. 212. 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 beginning
after September 30, 1996.
(2) FUNDING FROM OTHER SOURCES.—The Sec-
retary may accept and expend additional funds from
other Federal agencies, States, or non-Federal entities
for purposes of carrying out this section.
SEC. 213. 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 accept-
able to the Secretary. The proceeds from such leases shall
be credited to the revolving fund for the purposes set forth
in such Act.
SEC. 214. COLLABORATIVE RESEARCH AND DEVELOPMENT.
(a) FUNDING FROM OTHER FEDERAL SOURCES.—Sec-
tion 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 sec-
tion.’’.
(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), respectively;
(2) by inserting after subsection (a) the following
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 En-
gineers is likely to be subject to a cooperative research
and development agreement within 2 years of its de-
velopment 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 respect
to such technology or the last day of the 2-year period
beginning on the date of such determination.
‘‘(2) TREATMENT.—Any technology covered by
this section which becomes the subject of a cooperative
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 tech-
nology had been developed under a cooperative re-
search and development agreement.’’; and
(3) in subsection (d), as so redesignated, by
striking ‘‘(b)’’ and inserting ‘‘(c)’’.
SEC. 215. DAM SAFETY PROGRAM.
(a) SHORT TITLE.—This section may be cited as the
‘‘National Dam Safety Program Act of 1996’’.
(b) FINDINGS.—Congress finds the following:
(1) Dams are an essential part of the national
infrastructure. Dams fail from time to time with cat-
astrophic results; thus, dam safety is a vital public
concern.
(2) Dam failures have caused, and can cause in
the future, enormous loss of life, injury, destruction of
property, and economic and social disruption.
(3) Some dams are at or near the end of their
structural, useful, or operational life. With respect to
future dam failures, the loss, destruction, and disrup-
tion can be substantially reduced through the develop-
ment and implementation of dam safety hazard re-
duction measures, including—
(A) improved design and construction
standards and practices supported by a national
dam performance resource bank;
(B) safe operations and maintenance proce-
dures;
(C) early warning systems;
(D) coordinated emergency preparedness
plans; and
(E) public awareness and involvement pro-
grams.
(4) Dam safety problems persist nationwide. The
diversity in Federal and State dam safety programs
calls for national leadership in a cooperative effort
involving Federal and State governments and the pri-
vate sector. An expertly staffed and adequately fi-
nanced dam safety hazard reduction program, based
on Federal, State, local, and private research, plan-
ning, decisionmaking, and contributions, would re-
duce the risk of such loss, destruction, and disruption
from dam failure by an amount far greater than the
cost of such program.
(5) There is a fundamental need for a national
dam safety program and the need will continue. An
effective national program in dam safety hazards re-
duction will require input from and review by Fed-
eral and non-Federal experts in dams design, con-
struction, operation, and maintenance and in the
practical application of dam failure hazards reduc-
tion measures. At the present time, there is no na-
tional dam safety program.
(6) The coordinating authority for national lead-
ership is provided through the Federal Emergency
Management Agency’s (hereinafter in this section re-
ferred to as ‘‘FEMA’’) dam safety program through
Executive Order 12148 in coordination with appro-
priate Federal agencies and the States.
(7) While FEMA’s dam safety program shall
continue as a proper Federal undertaking and shall
provide the foundation for a National Dam Safety
Program, statutory authority to meet increasing
needs and to discharge Federal responsibilities in na-
tional dam safety is needed.
(8) Statutory authority will strengthen FEMA’s
leadership role, will codify the national dam safety
program, and will authorize the Director of FEMA
(hereinafter in this section referred to as the ‘‘Direc-
tor’’) to communicate directly with Congress on au-
thorizations and appropriations and to build upon
the hazard reduction aspects of national dam safety.
(c) PURPOSE.—It is the purpose of this section to re-
duce the risks to life and property from dam failure in the
United States through the establishment and maintenance
of an effective national dam safety program which will
bring together the Federal and non-Federal communities’
expertise and resources to achieve national dam safety haz-
ard reduction. It is not the intent of this section to preempt
any other Federal or State authorities nor is the intent of
this section to mandate State participation in the grant
assistance program to be established under this section.
(d) DEFINITIONS.—In this section, the following defi-
nitions apply:
(1) FEDERAL AGENCY.—The term ‘‘Federal agen-
cy’’ means any Federal agency that designs, finances,
constructs, owns, operates, maintains, or regulates the
construction, operation, or maintenance of any dam.
(2) NON-FEDERAL AGENCY.—The term ‘‘non-Fed-
eral agency’’ means any State agency that has regu-
latory authority over the safety of non-Federal dams.
(3) FEDERAL GUIDELINES FOR DAM SAFETY.—
The term ‘‘Federal Guidelines for Dam Safety’’ refers
to a FEMA publication number 93, dated June 1979,
which defines management practices for dam safety at
all Federal agencies.
(4) PROGRAM.—The term ‘‘program’’ means the
national dam safety program established under sub-
section (e).
(5) DAM.—The term ‘‘dam’’ means any artificial
barrier 
with 
the 
ability 
to 
impound 
water,
wastewater, or liquid-borne materials for the purpose
of storage or control of water which is—
(A) 25 feet or more in height from (i) the
natural bed of the stream or watercourse meas-
ured at the downstream toe of the barrier, or (ii)
from the lowest elevation of the outside limit of
the barrier if the barrier is not across a stream
channel or watercourse, to the maximum water
storage elevation; or
(B) has an impounding capacity for maxi-
mum storage elevation of 50 acre-feet or more.
Such term does not include any such barrier which
is not greater than 6 feet in height regardless of stor-
age capacity or which has a storage capacity at max-
imum water storage elevation not greater than 15
acre-feet regardless of height, unless such barrier, due
to its location or other physical characteristics, is
likely to pose a significant threat to human life or
property in the event of its failure. Such term does
not include a levee.
(6) HAZARD REDUCTION.—The term ‘‘hazard re-
duction’’ means those efforts utilized to reduce the po-
tential consequences of dam failure to life and prop-
erty.
(7) STATE.—The term ‘‘State’’ means each of the
50 States of the United States, the District of Colum-
bia, the Commonwealth of Puerto Rico, the Virgin Is-
lands, Guam, American Samoa, the Commonwealth of
the Northern Mariana Islands, and any other terri-
tory or possession of the United States.
(8) PARTICIPATING STATE.—The term ‘‘partici-
pating State’’ means any State that elects to partici-
pate in the grant assistance program established
under this Act.
(9) UNITED STATES.—The term ‘‘United States’’
means, when used in a geographical sense, all of the
States.
(10) MODEL STATE DAM SAFETY PROGRAM.—The
term ‘‘Model State Dam Safety Program’’ refers to a
document, published by FEMA (No. 123, dated April
1987) and its amendments, developed by State dam
safety officials, which acts as a guideline to State
dam safety agencies for establishing a dam safety reg-
ulatory program or improving an already-established
program.
(e) NATIONAL DAM SAFETY PROGRAM.—
(1) AUTHORITY.—The Director, in consultation
with appropriate Federal agencies, State dam safety
agencies, and the National Dam Safety Review Board
established by paragraph (5)(C), shall establish and
maintain, in accordance with the provisions and
policies of this Act, a coordinated national dam safety
program. This program shall—
(A) be administered by FEMA to achieve
the objectives set forth in paragraph (3);
(B) involve, where appropriate, the Depart-
ments of Agriculture, Defense, Energy, Interior,
and Labor, the Federal Energy Regulatory Com-
mission, the Nuclear Regulatory Commission, the
International Boundaries Commission (United
States section), the Tennessee Valley Authority,
and FEMA; and
(C) include each of the components de-
scribed in paragraph (4), the implementation
plan described in paragraph (5), and the assist-
ance for State dam safety programs to be pro-
vided under this section.
(2) DUTIES.—The Director—
(A) within 270 days after the date of the
enactment of this Act, shall develop the imple-
mentation plan described in paragraph (5);
(B) within 300 days after such date of en-
actment, shall submit to the appropriate author-
izing committees of Congress the implementation
plan described in paragraph (5); and
(C) by rule within 360 days after such date
of enactment—
(i) shall develop and implement the
national dam safety program under this
section;
(ii) shall establish goals, priorities, and
target dates for implementation of the pro-
gram; and
(iii) shall provide a method for co-
operation and coordination with, and as-
sistance to (as feasible), interested govern-
mental entities in all States.
(3) OBJECTIVES.—The objectives of the national
dam safety program are as follows:
(A) To ensure that new and existing dams
are safe through the development of techno-
logically and economically feasible programs and
procedures for national dam safety hazard reduc-
tion.
(B) To encourage acceptable engineering
policies and procedures used for dam site inves-
tigation, design, construction, operation and
maintenance, and emergency preparedness.
(C) To encourage establishment and imple-
mentation of effective dam safety programs in
each participating State based on State stand-
ards.
(D) To develop and encourage public aware-
ness projects to increase public acceptance and
support of State dam safety programs.
(E) To develop technical assistance mate-
rials for Federal and non-Federal dam safety
programs.
(F) To develop mechanisms with which to
provide Federal technical assistance for dam
safety to the non-Federal sector.
(4) COMPONENTS.—
(A) IN GENERAL.—The national dam safety
program shall consist of a Federal element and
a non-Federal element and 3 functional activi-
ties: leadership, technical assistance, and public
awareness.
(B) ELEMENTS.—
(i) FEDERAL ELEMENT.—The Federal
element of the program incorporates all the
activities and practices undertaken by Fed-
eral agencies to implement the Federal
Guidelines for Dam Safety.
(ii) 
NON-FEDERAL
ELEMENT.—The
non-Federal element of the program involves
the activities and practices undertaken by
participating States, local governments, and
the private sector to safely build, regulate,
operate, and maintain dams and Federal
activities which foster State efforts to de-
velop and implement effective programs for
the safety of dams.
(C) ACTIVITIES.—
(i) LEADERSHIP ACTIVITY.—The lead-
ership activity of the program shall be the
responsibility of FEMA. FEMA shall co-
ordinate Federal efforts in cooperation with
appropriate Federal agencies and State
dam safety agencies.
(ii) TECHNICAL
ASSISTANCE
ACTIV-
ITY.—The technical assistance activity of
the program involves the transfer of knowl-
edge and technical information among the
Federal and non-Federal elements.
(iii) PUBLIC AWARENESS ACTIVITY.—
The public awareness activity provides for
the education of the public, including State
and local officials, to the hazards of dam
failure and ways to reduce the adverse con-
sequences of dam failure and related mat-
ters.
(5) GRANT ASSISTANCE PROGRAM.—The Director
shall develop an implementation plan which shall
demonstrate dam safety improvements through fiscal
year 2001 and shall recommend appropriate roles for
Federal agencies and for State and local units of gov-
ernment, individuals, and private organizations. The
implementation plan shall provide, at a minimum,
for the following:
(A) ASSISTANCE PROGRAM.—In order to en-
courage the establishment and maintenance of ef-
fective programs intended to ensure dam safety
to protect human life and property and to im-
prove such existing programs, the Director shall
provide, from amounts made available under
subsection (g) of this section, assistance to par-
ticipating States to establish and maintain dam
safety programs, first, according to the basic pro-
visions for a dam safety program listed below
and, second, according to more advanced require-
ments and standards authorized by the review
board under subparagraph (C) and the Director
with the assistance of established criteria such as
the Model State Dam Safety Program. Partici-
pating State dam safety programs must be work-
ing toward meeting the following primary cri-
teria to be eligible for primary assistance or
must meet the following primary criteria prior
to working toward advanced assistance:
(i) STATE LEGISLATION.—A dam safe-
ty program must be authorized by State leg-
islation to include, at a minimum, the fol-
lowing:
(I) 
PLAN
REVIEW
AND
AP-
PROVAL.—Authority to review and ap-
prove plans and specifications to con-
struct, enlarge, modify, remove, or
abandon dams.
(II) PERIODIC INSPECTIONS DUR-
ING CONSTRUCTION.—Authority to per-
form periodic inspections during con-
struction for the purpose of ensuring
compliance with approved plans and
specifications.
(III) STATE
APPROVAL.—Upon
completion of construction, a require-
ment that, before operation of the
structure, State approval is received.
(IV) SAFETY
INSPECTIONS.—Au-
thority to require or perform the in-
spection of all dams and reservoirs
that pose a significant threat to human
life and property in the event of failure
at least every 5 years to determine
their continued safety and a procedure
for more detailed and frequent safety
inspections.
(V) PROFESSIONAL ENGINEER.—A
requirement that all inspections be per-
formed under the supervision of a reg-
istered professional engineer with relat-
ed experience in dam design and con-
struction.
(VI) ORDERS.—Authority to issue
orders, when appropriate, to require
owners of dams to perform necessary
maintenance or remedial work, revise
operating procedures, or take other ac-
tions, including breaching dams when
deemed necessary.
(VII) REGULATIONS.—Rules and
regulations for carrying out the provi-
sions of the State’s legislative author-
ity.
(VIII) EMERGENCY FUNDS.—Nec-
essary emergency funds to assure time-
ly repairs or other changes to, or re-
moval of, a dam in order to protect
human life and property and, if the
owner does not take action, to take ap-
propriate action as expeditiously as
possible.
(IX) EMERGENCY PROCEDURES.—
A system of emergency procedures that
would be utilized in the event a dam
fails or in the event a dam’s failure is
imminent, together with an identifica-
tion of those dams where failure could
be reasonably expected to endanger
human life and of the maximum area
that could be inundated in the event of
a failure of the dam, as well as identi-
fication of those necessary public facili-
ties that would be affected by such in-
undation.
(ii) STATE
APPROPRIATIONS.—State
appropriations must be budgeted to carry
out the provisions of the State legislation.
(B) WORK PLAN CONTRACTS.—The Director
shall enter into contracts with each participating
State to determine a work plan necessary for a
particular State dam safety program to reach a
level of program performance previously agreed
upon in the contract. Federal assistance under
this section shall be provided to aid the State
dam safety program in achieving its goal.
(C) 
NATIONAL
DAM
SAFETY
REVIEW
BOARD.—
(i) IN GENERAL.—There is authorized
to be established a National Dam Safety
Review Board (hereinafter in this section
referred to as the ‘‘Board’’), which shall be
responsible for monitoring participating
State implementation of the requirements of
the assistance program. The Board is au-
thorized to utilize the expertise of other
agencies of the United States and to enter
into contracts for necessary studies to carry
out the requirements of this section. The
Board shall consist of 11 members selected
for their expertise in dam safety as follows:
(I) 5 to represent FEMA, the Fed-
eral Energy Regulatory Commission,
and the Departments of Agriculture,
Defense, and Interior.
(II) 5 members selected by the Di-
rector who are dam safety officials of
States.
(III) 1 member selected by the Di-
rector to represent the United States
Committee on Large Dams.
(ii) 
NO
COMPENSATION
OF
MEM-
BERS.—Each member of the Board who is
an officer or employee of the United States
shall serve without compensation in addi-
tion to compensation received for the serv-
ices of the member as an officer or employee
of the United States. Each member of the
Board who is not an officer or employee of
the United States shall serve without com-
pensation.
(iii) TRAVEL EXPENSES.—Each mem-
ber of the Board shall be allowed travel ex-
penses, including per diem in lieu of sub-
sistence, at rates authorized for an employee
of an agency under subchapter I of chapter
57 of title 5, United States Code, while
away from home or regular place of busi-
ness of the member in the performance of
services for the Board.
(iv) NONAPPLICABILITY
OF
FEDERAL
ADVISORY
COMMITTEE
ACT.—The Federal
Advisory Committee Act (5 U.S.C. App.)
shall not apply to the Board.
(D) MAINTENANCE OF EFFORT.—No grant
may be made to a participating State under this
subsection in any fiscal year unless the State en-
ters into such agreement with the Director as the
Director may require to ensure that the partici-
pating State will maintain its aggregate expend-
itures from all other sources for programs to as-
sure dam safety for the protection of human life
and property at or above the average level of
such expenditures in its 2 fiscal years preceding
the date of the enactment of this Act.
(E) PROCEDURE FOR APPROVAL OF STATE
PARTICIPATION.—Any program which is submit-
ted to the Director for participation in the as-
sistance program under this subsection shall be
deemed approved 120 days following its receipt
by the Director unless the Director determines
within such 120-day period that the submitted
program fails to reasonably meet the require-
ments of subparagraphs (A) and (B). If the Di-
rector determines the submitted program cannot
be approved for participation, the Director shall
immediately notify the State in writing, together
with his or her reasons and those changes needed
to enable the submitted program to be approved.
(F) REVIEW OF STATE PROGRAMS.—Utiliz-
ing the expertise of the Board, the Director shall
periodically review the approved State dam safe-
ty programs. In the event the Board finds that
a program of a participating State has proven
inadequate to reasonably protect human life and
property and the Director agrees, the Director
shall revoke approval of the State’s participation
in the assistance program and withhold assist-
ance under this section, until the State program
has been reapproved.
(G) COOPERATION
OF
FEDERAL
AGEN-
CIES.—The head of any Federal agency, when
requested by any State dam safety agency, shall
provide information on the construction, oper-
ation, or maintenance of any dam or allow offi-
cials of the State agency to participate in any
Federal inspection of any dam.
(H) DAM INSURANCE REPORT.—Within 180
days after the date of the enactment of this Act,
the Director shall report to the Congress on the
availability of dam insurance and make rec-
ommendations.
(f) BIENNIAL REPORT.—Within 90 days after the last
day of each odd-numbered fiscal year, the Director shall
submit a biennial report to Congress describing the status
of the program being implemented under this section and
describing the progress achieved by the Federal agencies
during the 2 previous years in implementing the Federal
Guidelines for Dam Safety. Each such report shall include
any recommendations for legislative and other action
deemed necessary and appropriate. The report shall also in-
clude a summary of the progress being made in improving
dam safety by participating States.
(g) AUTHORIZING OF APPROPRIATIONS.—
(1) GENERAL PROGRAM.—
(A) FUNDING.—There are authorized to be
appropriated to the Director to carry out the
provisions of subsections (e) and (f) (in addition
to any authorizations for similar purposes in-
cluded in other Acts and the authorizations set
forth in paragraphs (2) through (5) of this sub-
section)—
(i) $1,000,000 for fiscal year 1997;
(ii) $2,000,000 for fiscal year 1998;
(iii) $4,000,000 for fiscal year 1999;
(iv) $4,000,000 for fiscal year 2000;
and
(v) $4,000,000 for fiscal year 2001.
(B) APPORTIONMENT FORMULA.—
(i) IN
GENERAL.—Subject to clause
(ii), sums appropriated under this para-
graph shall be distributed annually among
participating States on the following basis:
One-third among those States determined in
subsection (e) as qualifying for funding,
and two-thirds in proportion to the number
of dams and appearing as State-regulated
dams on the National Dam Inventory in
each participating State that has been de-
termined in subsection (e)(5)(A) as qualify-
ing for funding, to the number of dams in
all participating States.
(ii) LIMITATION
TO
PERCENT
OF
COST.—In no event shall funds distributed
to any State under this paragraph exceed
50 percent of the reasonable cost of imple-
menting an approved dam safety program
in such State.
(iii) ALLOCATION
BETWEEN
PRIMARY
AND
ADVANCED
ASSISTANCE
PROGRAMS.—
The Director and Review Board shall deter-
mine how much of funds appropriated
under this paragraph is allotted to partici-
pating States needing primary funding and
those needing advanced funding.
(2) TRAINING.—
(A) IN GENERAL.—The Director shall, at
the request of any State that has or intends to
develop a dam safety program under subsection
(e)(5)(A), provide training for State dam safety
staff and inspectors.
(B) FUNDING.—There is authorized to be
appropriated to carry out this paragraph
$500,000 for each of fiscal years 1997 through
2001.
(3) RESEARCH.—
(A) IN GENERAL.—The Director shall un-
dertake a program of technical and archival re-
search in order to develop improved techniques,
historical experience, and equipment for rapid
and effective dam construction, rehabilitation,
and inspection, together with devices for the con-
tinued monitoring, of dams for safety purposes.
(B) STATE PARTICIPATION; REPORTS.—The
Director shall provide for State participation in
the research under this paragraph and periodi-
cally advise all States and Congress of the results
of such research.
(C) FUNDING.—There is authorized to be
appropriated to carry out this paragraph
$1,000,000 for each of fiscal years 1997 through
2001.
(4) DAM INVENTORY.—
(A) MAINTENANCE AND PUBLICATION.—The
Secretary is authorized to maintain and periodi-
cally publish updated information on the inven-
tory of dams.
(B) FUNDING.—There is authorized to be
appropriated to carry out this paragraph
$500,000 for each of fiscal years 1997 through
2001.
(5) PERSONNEL.—
(A) EMPLOYMENT.—The Director is author-
ized to employ additional staff personnel in
numbers sufficient to carry out the provisions of
this section.
(B) FUNDING.—There is authorized to be
appropriated to carry out this paragraph
$400,000 for each of fiscal years 1997 through
2001.
(6) LIMITATION.—No funds authorized by this
section shall be used to construct or repair any Fed-
eral or non-Federal dams.
(h) CONFORMING AMENDMENTS.—The Act entitled
‘‘An Act to authorize the Secretary of the Army to under-
take a national program of inspection of dams’’, approved
August 8, 1972 (33 U.S.C 467–467m; Public Law 92–367),
is amended—
(1) in the first section by striking ‘‘means any
artificial barrier’’ and all that follows through the pe-
riod at the end and inserting ‘‘has the meaning such
term has under subsection (d) of the National Dam
Safety Program Act of 1996.’’;
(2) by striking the 2d sentence of section 3;
(3) by striking section 5 and sections 7 through
14; and
(4) by redesignating section 6 as section 5.
SEC. 216. 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 De-
partment of the Army, the Secretary is authorized to in-
crease the efficiency of energy production and the capacity
of these facilities if, after consulting with other appropriate
Federal and State agencies, the Secretary determines 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 author-
ized;
(3) will not result in significant adverse environ-
mental impacts; and
(4) will not involve major structural or oper-
ation changes in the project.
SEC. 217. LONG-TERM SEDIMENT MANAGEMENT STRATE-
GIES.
(a) DEVELOPMENT.—The Secretary shall enter into co-
operative agreements with non-Federal sponsors of naviga-
tion projects for development of long-term management
strategies for controlling sediments in such projects.
(b) CONTENTS OF STRATEGIES.—Each strategy devel-
oped 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 material
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 Fed-
eral agencies, States, and Indian tribes and provide an op-
portunity for public comment.
SEC. 218. 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 pro-
vide additional capacity at a dredged material dis-
posal 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 asso-
ciated with the construction of the additional capac-
ity.
(2) COST RECOVERY AUTHORITY.—The non-Fed-
eral project sponsor may recover the costs assigned to
the additional capacity through fees assessed on 3rd
parties whose dredged material is deposited in the fa-
cility and who enter into agreements with the non-
Federal sponsor for the use of such facility. 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 ma-
terial disposal facility under the jurisdiction of,
or managed by, the Secretary by a non-Federal
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 re-
ceived through collection of fees under this subsection
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. 219. 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’’
each place it appears 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 expense,
including administrative expenses,’’;
(2) in subsection (b) by striking ‘‘cost’’ and in-
serting ‘‘actual cost, including administrative costs,’’;
(3) by redesignating subsection (b) as subsection
(c); and
(4) by inserting after subsection (a) the following
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 navigation in
any navigable waters of the United States because of condi-
tions related to the sinking or grounding of a vessel, 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 available 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 removal or fails to
complete removal as soon as possible, the Secretary of the
Army shall remove or destroy the vessel using the summary
removal procedures under subsection (a) of this section.’’.
SEC. 220. 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. 221. 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: ‘‘; ex-
cept that no such agreement shall be required if the Sec-
retary determines that the administrative costs associated
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. 222. 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. 223. 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. 224. STATE AND FEDERAL AGENCY REVIEW PERIOD.
The 1st section of the Act entitled ‘‘An Act authorizing
the construction of certain public works on rivers and har-
bors for flood control, and other purposes’’, approved De-
cember 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. 225. 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. 226. 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. 227. 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 follow-
ing:
‘‘(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 decon-
tamination technologies on a pilot scale demonstrat-
ing 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 beginning 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, including
an assessment of the progress made in achieving the intent
of the program set forth in subsection (a)(3).’’.
SEC. 228. SHORE PROTECTION.
(a) DECLARATION OF POLICY.—Subsection (a) of the
first section of the Act entitled ‘‘An Act authorizing Federal
participation in the cost of protecting the shores of publicly
owned property’’, approved August 13, 1946 (33 U.S.C.
426e; 60 Stat. 1056), is amended—
(1) by striking ‘‘damage to the shores’’ and in-
serting ‘‘damage to the shores and beaches’’; and
(2) by striking ‘‘the following provisions’’ and all
that follows through the period at the end of sub-
section (a) and inserting the following: ‘‘this Act, to
promote shore protection projects and related research
that encourage the protection, restoration, and en-
hancement of sandy beaches, including beach restora-
tion and periodic beach nourishment, on a com-
prehensive and coordinated basis by the Federal Gov-
ernment, States, localities, and private enterprises. In
carrying out this policy, preference shall be given to
areas in which there has been a Federal investment
of funds and areas with respect to which the need for
prevention or mitigation of damage to shores and
beaches is attributable to Federal navigation projects
or other Federal activities.’’.
(b) NONPUBLIC SHORES.—Subsection (d) of such sec-
tion is amended by striking ‘‘or from the protection of near-
by public property or’’ and inserting ‘‘, if there are suffi-
cient benefits, including benefits to local and regional eco-
nomic development and to the local and regional ecology
(as determined under subsection (e)(2)(B)), or’’; and
(c) AUTHORIZATION OF PROJECTS.—Subsection (e) of
such section is amended—
(1) by striking ‘‘(e) No’’ and inserting the follow-
ing:
‘‘(e) AUTHORIZATION OF PROJECTS.—
‘‘(1) IN GENERAL.—No’’;
(2) by moving the remainder of the text of para-
graph (1) (as designated by paragraph (1) of this
subsection) 2 ems to the right; and
(3) by adding at the end the following:
‘‘(2) STUDIES.—
‘‘(A) IN GENERAL.—The Secretary shall—
‘‘(i) recommend to Congress studies
concerning shore protection projects that
meet the criteria established under this Act
(including subparagraph (B)(iii)) and other
applicable law;
‘‘(ii) conduct such studies as Congress
requires under applicable laws; and
‘‘(iii) report the results of the studies to
the appropriate committees of Congress.
‘‘(B) RECOMMENDATIONS FOR SHORE PRO-
TECTION PROJECTS.—
‘‘(i) IN GENERAL.—The Secretary shall
recommend to Congress the authorization or
reauthorization of shore protection projects
based on the studies conducted under sub-
paragraph (A).
‘‘(ii) CONSIDERATIONS.—In making
recommendations, the Secretary shall con-
sider the economic and ecological benefits of
a shore protection project and the ability of
the non-Federal interest to participate in
the project.
‘‘(iii) CONSIDERATION OF LOCAL AND
REGIONAL
BENEFITS.—In analyzing the
economic and ecological benefits of a shore
protection project, or a flood control or
other water resource project the purpose of
which includes shore protection, the Sec-
retary shall consider benefits to local and
regional economic development, and to the
local and regional ecology, in calculating
the full economic and ecological justifica-
tions for the project.
‘‘(C) COORDINATION OF PROJECTS.—In con-
ducting studies and making recommendations for
a shore protection project under this paragraph,
the Secretary shall—
‘‘(i) determine whether there is any
other project being carried out by the Sec-
retary or the head of another Federal agen-
cy that may be complementary to the shore
protection project; and
‘‘(ii) if there is such a complementary
project, describe the efforts that will be
made to coordinate the projects.
‘‘(3) SHORE PROTECTION PROJECTS.—
‘‘(A) IN
GENERAL.—The Secretary shall
construct, or cause to be constructed, any shore
protection project authorized by Congress, or sep-
arable element of such a project, for which funds
have been appropriated by Congress.
‘‘(B) AGREEMENTS.—
‘‘(i) REQUIREMENT.—After authoriza-
tion by Congress, and before commencement
of construction, of a shore protection project
or separable element, the Secretary shall
enter into a written agreement with a non-
Federal interest with respect to the project
or separable element.
‘‘(ii) TERMS.—The agreement shall—
‘‘(I) specify the life of the project;
and
‘‘(II) ensure that the Federal Gov-
ernment and the non-Federal interest
will cooperate in carrying out the
project or separable element.
‘‘(C) COORDINATION OF PROJECTS.—In con-
structing a shore protection project or separable
element under this paragraph, the Secretary
shall, to the extent practicable, coordinate the
project or element with any complementary
project identified under paragraph (2)(C).
‘‘(4) REPORT
TO
CONGRESS.—The Secretary
shall report biennially to the appropriate committees
of Congress on the status of all ongoing shore protec-
tion studies and shore protection projects carried out
under the jurisdiction of the Secretary.’’.
(d) REQUIREMENT OF AGREEMENTS PRIOR TO REIM-
BURSEMENTS.—
(1) SMALL SHORE PROTECTION PROJECTS.—Sec-
tion 2 of the Act entitled ‘‘An Act authorizing Federal
participation in the cost of protecting the shores of
publicly owned property’’, approved August 13, 1946
(33 U.S.C. 426f; 60 Stat. 1056), is amended—
(A) by striking ‘‘SEC. 2. The Secretary of
the Army’’ and inserting the following:
‘‘SEC. 2. REIMBURSEMENTS.
‘‘(a) IN GENERAL.—The Secretary’’;
(B) in subsection (a) (as so designated)—
(i) by striking ‘‘local interests’’ and in-
serting ‘‘non-Federal interests’’;
(ii) by inserting ‘‘or separable element
of the project’’ after ‘‘project’’; and
(iii) by inserting ‘‘or separable ele-
ments’’ after ‘‘projects’’ each place it ap-
pears; and
(C) by adding at the end the following:
‘‘(b) AGREEMENTS.—
‘‘(1) REQUIREMENT.—After authorization of re-
imbursement by the Secretary under this section, and
before commencement of construction, of a shore pro-
tection project, the Secretary shall enter into a writ-
ten agreement with the non-Federal interest with re-
spect to the project or separable element.
‘‘(2) TERMS.—The agreement shall—
‘‘(A) specify the life of the project; and
‘‘(B) ensure that the Federal Government
and the non-Federal interest will cooperate in
carrying out the project or separable element.’’.
(2) 
OTHER
SHORELINE
PROTECTION
PROJECTS.—Section 206(e)(1)(A) of the Water Re-
sources Development Act of 1992 (33 U.S.C. 426i–
1(e)(1)(A); 106 Stat. 4829) is amended by inserting
before the semicolon the following: ‘‘and enters into a
of protecting the shores of publicly owned property’’,
approved August 13, 1946 (33 U.S.C. 426h), (as re-
designated by subsection (e)(1)) is amended to read as
follows:
‘‘SEC. 5. DEFINITIONS.
‘‘In this Act, the following definitions apply:
‘‘(1) SECRETARY.—The term ‘Secretary’ means
the Secretary of the Army, acting through the Chief
of Engineers.
‘‘(2) SEPARABLE
ELEMENT.—The term ‘sepa-
rable element’ has the meaning provided by section
103(f) of the Water Resources Development Act of
1986 (33 U.S.C. 2213(f)).
‘‘(3) SHORE.—The term ‘shore’ includes each
shoreline of the Atlantic and Pacific Oceans, the Gulf
of Mexico, the Great Lakes, and lakes, estuaries, and
bays directly connected therewith.
‘‘(4) SHORE PROTECTION PROJECT.—The term
‘shore protection project’ includes a project for beach
nourishment, including the replacement of sand.’’.
(2) CONFORMING AMENDMENTS.—The Act enti-
tled ‘‘An Act authorizing Federal participation in the
cost of protecting the shores of publicly owned prop-
erty’’, approved August 13, 1946, is amended—
(A) in subsection (b)(3) of the first section
(33 U.S.C. 426e(b)(3)) by striking ‘‘of the Army,
acting through the Chief of Engineers,’’ and by
striking the final period; and
(B) in section 3 (33 U.S.C. 426g) by strik-
ing ‘‘Secretary of the Army’’ and inserting ‘‘Sec-
retary’’.
(g) OBJECTIVES OF PROJECTS.—Section 209 of the
Flood Control Act of 1970 (42 U.S.C. 1962–2; 84 Stat.
1829) is amended by inserting ‘‘(including shore protection
projects such as projects for beach nourishment, including
the replacement of sand)’’ after ‘‘water resource projects’’.
SEC. 229. PROJECT DEAUTHORIZATIONS.
(a) IN GENERAL.—Section 1001(b)(2) of the Water Re-
sources 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’’ before
‘‘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), respectively.
SEC. 230. 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 con-
tracts, cooperative research and development agreements,
cooperative agreements, and grants with non-Federal enti-
ties, including State and local governments, colleges and
universities, consortia, professional and technical societies,
public and private scientific and technical foundations, re-
search institutions, educational organizations, and non-
profit organizations.
(b) SPECIAL RULES.—With respect to contracts for re-
search and development, the Secretary may include require-
ments that have potential commercial application and may
also use such potential application as an evaluation factor
where appropriate.
SEC. 231. 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 justifica-
tion, economic benefits generated by cruise ships as commer-
cial navigation benefits.
SEC. 232. LOSS OF LIFE PREVENTION.
Section 904 of the Water Resources Development Act
of 1986 (33 U.S.C. 2281) is amended by inserting ‘‘includ-
ing the loss of life which may be associated with flooding
and coastal storm events,’’ after ‘‘costs,’’.
SEC. 233. 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. 234. 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. 235. SENSE OF CONGRESS; REQUIREMENT REGARDING
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 Amer-
ican-made.
(b) NOTICE TO RECIPIENTS OF ASSISTANCE.—In pro-
viding financial assistance under this Act, the Secretary,
to the greatest extent practicable, shall provide to each re-
cipient of the assistance a notice describing the statement
made in subsection (a).
SEC. 236. 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. 237. 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 sentence 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 follows
and inserting a period and the following: ‘‘In disposing of
dredged material from such project, the Secretary, after
compliance with applicable laws and after opportunity for
public review and comment, may consider alternatives to
disposal of such material in the Gulf of Mexico, including
environmentally acceptable alternatives for beneficial uses
of dredged material and environmental restoration.’’.
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 operate the Alamo
Dam to provide fish and wildlife benefits both upstream
and downstream of the Dam. Such operation shall not re-
duce flood control and recreation benefits provided by the
project.
100
SEC. 303. NOGALES WASH AND TRIBUTARIES, ARIZONA.
The project for flood control, Nogales Wash and tribu-
taries, 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-Fed-
eral contribution for the project to be determined in accord-
ance with sections 103(k) and 103(m) of the Water Re-
sources Development Act of 1986 and to direct the Secretary
to enter into negotiations with non-Federal interests pursu-
ant to section 103(l) of such Act concerning the timing of
the initial payment of the non-Federal contribution.
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),
101
is modified to authorize the Secretary to construct the
project at a total cost of $21,100,000, with an estimated
Federal cost of $13,800,000 and an estimated non-Federal
cost of $7,300,000.
SEC. 306. GLENN-COLUSA, CALIFORNIA.
The project for flood control, Sacramento River, Cali-
fornia, authorized by section 2 of the Act entitled ‘‘An Act
to provide for the control of the floods of the Mississippi
River and the Sacramento River, California, and for other
purposes’’, approved March 1, 1917 (39 Stat. 948), and as
modified by section 102 of the Energy and Water Develop-
ment Appropriations Act, 1990 (103 Stat. 649), is further
modified to authorize the Secretary to carry out the portion
of the project at Glenn-Colusa, California, at a total cost
of $14,200,000.
SEC. 307. LOS ANGELES AND LONG BEACH HARBORS, SAN
PEDRO BAY, CALIFORNIA.
The navigation project for Los Angeles and Long
Beach Harbors, San Pedro Bay, California, authorized by
section 201(b) of the Water Resources Development Act of
1986 (100 Stat. 4091), is modified to provide that, notwith-
standing section 101(a)(4) of such Act, the cost of the reloca-
tion of the sewer outfall by the Port of Los Angeles shall
be credited toward the payment required from the non-Fed-
eral interest by section 101(a)(2) of such Act.
102
SEC. 308. OAKLAND HARBOR, CALIFORNIA.
The projects for navigation, Oakland Outer Harbor,
California, and Oakland Inner Harbor, California, author-
ized by section 202 of the Water Resources Development Act
of 1986 (100 Stat. 4092), are modified by combining the
2 projects into 1 project, to be designated as the Oakland
Harbor, California, project. The Oakland Harbor, Califor-
nia, project shall be prosecuted by the Secretary substan-
tially in accordance with the plans and subject to the condi-
tions recommended in the reports designated in such section
202, at a total cost of $90,850,000, with an estimated Fed-
eral cost of $59,150,000 and an estimated non-Federal cost
of $31,700,000. The non-Federal share of project costs and
any available credits toward the non-Federal share shall be
calculated on the basis of the total cost of the combined
project.
SEC. 309. QUEENSWAY BAY, CALIFORNIA.
Section 4(e) of the Water Resources Development Act
of 1988 (102 Stat. 4016) is amended by adding at the end
the following sentence: ‘‘In addition, the Secretary shall per-
form advance maintenance dredging in the Queensway Bay
Channel, California, at a total cost of $5,000,000.’’.
SEC. 310. SAN LUIS REY, CALIFORNIA.
The project for flood control of the San Luis Rey River,
California, authorized pursuant to section 201 of the Flood
Control Act of 1965 (42 U.S.C. 1962d–5; 79 Stat. 1073–
103
1074), is modified to authorize the Secretary to construct
the project at a total cost not to exceed $81,600,000 with
an estimated Federal cost of $61,100,000 and an estimated
non-Federal cost of $20,500,000.
SEC. 311. THAMES RIVER, CONNECTICUT.
(a) RECONFIGURATION
OF
TURNING
BASIN.—The
project for navigation, Thames River, Connecticut, author-
ized by the first section of the Act entitled ‘‘An Act authoriz-
ing construction, repair, and preservation of certain public
works on rivers and harbors, and for other purposes’’, ap-
proved August 30, 1935 (49 Stat. 1029), is modified to
make the turning basin have the following alignment: Start-
ing at a point on the eastern limit of the existing project,
N251052.93, E783934.59, thence running north 5 degrees
25 minutes 21.3 seconds east 341.06 feet to a point,
N251392.46, E783966.82, thence running north 47 degrees
24 minutes 14.0 seconds west 268.72 feet to a point,
N251574.34, E783769.00, thence running north 88 degrees
41 minutes 52.2 seconds west 249.06 feet to a point,
N251580.00, E783520.00, thence running south 46 degrees
16 minutes 22.9 seconds west 318.28 feet to a point,
N251360.00, E783290.00, thence running south 19 degrees
01 minute 32.2 seconds east 306.76 feet to a point,
N251070.00, E783390.00, thence running south 45 degrees
104
00 minutes 00 seconds east 155.56 feet to a point,
N250960.00, E783500.00 on the existing western limit.
(b) NON-FEDERAL
RESPONSIBILITY
FOR
INITIAL
DREDGING.—Any required initial dredging of the widened
portions of the turning basin identified in subsection (a)
shall be accomplished at non-Federal expense.
(c) CONFORMING DEAUTHORIZATION.—Those portions
of the existing turning basin which are not included in the
reconfigured turning basin as described in subsection (a)
shall no longer be authorized after the date of the enactment
of this Act.
SEC. 312. POTOMAC RIVER, WASHINGTON, DISTRICT OF
COLUMBIA.
The project for flood protection, Potomac River, Wash-
ington, District of Columbia, authorized by section 5 of the
Flood Control Act of June 22, 1936 (74 Stat. 1574), is
modified to authorize the Secretary to construct the project
substantially in accordance with the General Design Memo-
randum dated May 1992 at a Federal cost of $1,800,000;
except that a temporary closure may be used instead of a
permanent structure at 17th Street. Operation and mainte-
nance of the project shall be a Federal responsibility.
SEC. 313. CANAVERAL HARBOR, FLORIDA.
The project for navigation, Canaveral Harbor, Flor-
ida, authorized by section 101(7) of the Water Resources
105
Development Act of 1992 (106 Stat. 4802), is modified to
authorize the Secretary to reclassify the removal and re-
placement of stone protection on both sides of the channel
as general navigation features. The Secretary shall reim-
burse any costs that are incurred by the non-Federal spon-
sor in connection with the reclassified work and that the
Secretary determines to be in excess of the non-Federal
share of costs for general navigation features. The Federal
and non-Federal shares of the cost of the reclassified work
shall be determined in accordance with section 101 of the
Water Resources Development Act of 1986.
SEC. 314. CENTRAL AND SOUTHERN FLORIDA, CANAL 51.
The project for flood protection of West Palm Beach,
Florida (C–51), authorized by section 203 of the Flood Con-
trol Act of 1962 (76 Stat. 1183), is modified to provide for
the construction of an enlarged stormwater detention area,
Storm Water Treatment Area 1 East, generally in accord-
ance with the plan of improvements described in the Feb-
ruary 15, 1994, report entitled ‘‘Everglades Protection
Project, Palm Beach County, Florida, Conceptual Design’’,
with such modifications as are approved by the Secretary.
The additional work authorized by this subsection shall be
accomplished at Federal expense. Operation and mainte-
nance of the stormwater detention area shall be consistent
with regulations prescribed by the Secretary for the Central
106
and Southern Florida project, and all costs of such oper-
ation and maintenance shall be provided by non-Federal
interests.
SEC. 315. CENTRAL AND SOUTHERN FLORIDA, CANAL 111
(C–111).
(a) IN GENERAL.—The project for Central and South-
ern Florida, authorized by section 203 of the Flood Control
Act of 1948 (62 Stat. 1176) and modified by section 203
of the Flood Control Act of 1968 (82 Stat. 740–741), is
modified to authorize the Secretary to implement the rec-
ommended plan of improvement contained in a report enti-
tled ‘‘Central and Southern Florida Project, Final Inte-
grated General Reevaluation Report and Environmental
Impact Statement, Canal 111 (C–111), South Dade Coun-
ty, Florida’’, dated May 1994, including acquisition by
non-Federal interests of such portions of the Frog Pond and
Rocky Glades areas as are needed for the project.
(b) COST SHARING.—
(1) FEDERAL SHARE.—The Federal share of the
cost of implementing the plan of improvement shall be
50 percent.
(2) DEPARTMENT
OF
INTERIOR
RESPONSIBIL-
ITY.—The Department of the Interior shall pay 25
percent of the cost of acquiring such portions of the
Frog Pond and Rocky Glades areas as are needed for
107
the project. The amount paid by the Department of
the Interior shall be included as part of the Federal
share of the cost of implementing the plan.
(3) OPERATION AND MAINTENANCE.—The non-
Federal share of operation and maintenance costs of
the improvements undertaken pursuant to this sub-
section shall be 100 percent; except that the Federal
Government shall reimburse the non-Federal project
sponsor 60 percent of the costs of operating and
maintaining pump stations that pump water into
Taylor Slough in the Everglades National Park.
SEC. 316. JACKSONVILLE HARBOR (MILL COVE), FLORIDA.
The project for navigation, Jacksonville Harbor (Mill
Cove), Florida, authorized by section 601(a) of the Water
Resources Development Act of 1986 (100 Stat. 4139–4140),
is modified to direct the Secretary to carry out a project
for flow and circulation improvement within Mill Cove, at
a total cost of $2,000,000, with an estimated Federal cost
of $2,000,000.
SEC. 317. TYBEE ISLAND, GEORGIA.
The project for beach erosion control, Tybee Island,
Georgia, authorized pursuant to section 201 of the Flood
Control Act of 1965 (42 U.S.C. 1962d–5), is modified to
include as part of the project the portion of the ocean shore
of Tybee Island located south of the extension of 9th Street.
108
SEC. 318. WHITE RIVER, INDIANA.
The project for flood control, Indianapolis on West
Fork of the White River, Indiana, authorized by section 5
of the Flood Control Act of June 22, 1936 (49 Stat. 1586),
is modified to authorize the Secretary to undertake
riverfront alterations as described in the Central Indianap-
olis Waterfront Concept Master Plan, dated February 1994,
at a total cost of $85,975,000, with an estimated first Fed-
eral cost of $39,975,000 and an estimated first non-Federal
cost of $46,000,000. The cost of work, including relocations
undertaken by the non-Federal interest after February 15,
1994, on features identified in the Master Plan shall be
credited toward the non-Federal share of project costs.
SEC. 319. CHICAGO, ILLINOIS.
The project for flood control, Chicagoland Underflow
Plan, Illinois, authorized by section 3(a)(5) of the Water
Resources Development Act of 1988 (102 Stat. 4013), is
modified to limit the capacity of the reservoir project not
to exceed 11,000,000,000 gallons or 32,000 acre-feet, to pro-
vide that the reservoir project may not be located north of
55th Street or west of East Avenue in the vicinity of
McCook, Illinois, and to provide that the reservoir project
may only be constructed on the basis of a specific plan that
has been evaluated by the Secretary under the provisions
of the National Environmental Policy Act of 1969.
109
SEC. 320. CHICAGO LOCK AND THOMAS J. O’BRIEN LOCK, IL-
LINOIS.
The project for navigation, Chicago Harbor, Lake
Michigan, Illinois, for which operation and maintenance
responsibility was transferred to the Secretary under chap-
ter IV of title I of the Supplemental Appropriations Act,
1983 (97 Stat. 311) and section 107 of the Energy and
Water Development Appropriation Act, 1982 (95 Stat.
1137) is modified to direct the Secretary to conduct a study
to determine the feasibility of making such structural re-
pairs as are necessary to prevent leakage through the Chi-
cago Lock and the Thomas J. O’Brien Lock, Illinois, and
to determine the need for installing permanent flow meas-
urement equipment at such locks to measure any leakage.
The Secretary is authorized to carry out such repairs and
installations as are necessary following completion of the
study.
SEC. 321. KASKASKIA RIVER, ILLINOIS.
The project for navigation, Kaskaskia River, Illinois,
authorized by section 101 of the River and Harbor Act of
1962 (76 Stat. 1175), is modified to add fish and wildlife
and habitat restoration as project purposes.
SEC. 322. LOCKS AND DAM 26, ALTON, ILLINOIS AND MIS-
SOURI.
Section 102(l) of the Water Resources Development Act
of 1990 (104 Stat. 4613) is amended—
110
(1) by striking ‘‘, that requires no separable
project lands and’’ and inserting ‘‘on project lands
and other contiguous nonproject lands, including
those lands referred to as the Alton Commons. The
recreational development’’;
(2) by inserting ‘‘shall be’’ before ‘‘at a Federal
construction’’; and
(3) by striking ‘‘. The recreational development’’
and inserting ‘‘, and’’.
SEC. 323. NORTH BRANCH OF CHICAGO RIVER, ILLINOIS.
The project for flood protection, North Branch of the
Chicago River, Illinois, authorized by section 401(a) of the
Water Resources Development Act of 1986 (100 Stat. 4115),
is modified to authorize the Secretary to carry out the
project in accordance with the report of the Corps of Engi-
neers dated March 1994, at a total cost of $34,228,000, with
an estimated Federal cost of $20,905,000 and an estimated
non-Federal cost of $13,323,000.
SEC. 324. ILLINOIS AND MICHIGAN CANAL.
Section 314(a) of the Water Resources Development
Act of 1992 (106 Stat. 4847) is amended by adding at the
end the following: ‘‘Such improvements shall include ma-
rina development at Lock 14, to be carried out in consulta-
tion with the Illinois Department of Natural Resources, at
a total cost of $6,374,000.’’.
111
SEC. 325. HALSTEAD, KANSAS.
The project for flood control, Halstead, Kansas, author-
ized by section 401(a) of the Water Resources Development
Act of 1986 (100 Stat. 4116), is modified to authorize the
Secretary to carry out the project in accordance with the
report of the Corps of Engineers dated March 19, 1993, at
a total cost of $11,100,000, with an estimated Federal cost
of $8,325,000 and an estimated non-Federal cost of
$2,775,000.
SEC. 326. LEVISA AND TUG FORKS OF THE BIG SANDY
RIVER AND CUMBERLAND RIVER, KENTUCKY,
WEST VIRGINIA, AND VIRGINIA.
The project for flood control, Levisa and Tug Forks
of the Big Sandy River and Cumberland River, Kentucky,
West Virginia, and Virginia, authorized by section 202(a)
of the Energy and Water Development Appropriation Act,
1981 (94 Stat. 1339), is modified to provide that the mini-
mum level of flood protection to be afforded by the project
shall be the level required to provide protection from a 100-
year flood or from the flood of April 1977, whichever level
of protection is greater.
SEC. 327. COMITE RIVER, LOUISIANA.
The Comite River Diversion project for flood control,
authorized as part of the project for flood control, Amite
River and Tributaries, Louisiana, by section 101(11) of the
Water Resource Development Act of 1992 (106 Stat. 4802–
112
4803), is modified to authorize the Secretary to construct
the project at a total cost of $121,600,000, with an esti-
mated Federal cost of $70,577,000 and an estimated non-
Federal cost of $51,023,000.
SEC. 328. GRAND ISLE AND VICINITY, LOUISIANA.
The project for hurricane damage prevention, flood
control, and beach erosion along Grand Isle and Vicinity,
Louisiana, authorized by section 204 of the Flood Control
Act of 1965 (79 Stat. 1077), is modified to authorize the
Secretary to construct a permanent breakwater and levee
system at a total cost of $17,000,000.
SEC. 329. LAKE PONTCHARTRAIN, LOUISIANA.
The project for hurricane damage prevention and flood
control, Lake Pontchartrain, Louisiana, authorized by sec-
tion 204 of the Flood Control Act of 1965 (79 Stat. 1077),
is modified to provide that St. Bernard Parish, Louisiana,
and the Lake Borgne Basin Levee District, Louisiana, shall
not be required to pay the unpaid balance, including inter-
est, of the non-Federal cost-share of the project.
SEC. 330. MISSISSIPPI DELTA REGION, LOUISIANA.
The Mississippi Delta Region project, Louisiana, au-
thorized as part of the project for hurricane-flood protection
project on Lake Pontchartrain, Louisiana, by section 204
of the Flood Control Act of 1965 (79 Stat. 1077), is modified
to direct the Secretary to provide a credit to the State of
113
Louisiana toward its non-Federal share of the cost of the
project. The credit shall be for the cost incurred by the State
in developing and relocating oyster beds to offset the adverse
impacts on active and productive oyster beds in the Davis
Pond project area but shall not exceed $7,500,000.
SEC. 331. MISSISSIPPI RIVER OUTLETS, VENICE, LOUISIANA.
The project for navigation, Mississippi River Outlets,
Venice, Louisiana, authorized by section 101 of the River
and Harbor Act of 1968 (82 Stat. 731), is modified to pro-
vide for the extension of the 16-foot deep by 250-foot wide
Baptiste Collette Bayou entrance channel to approximately
Mile 8 of the Mississippi River-Gulf Outlet navigation
channel, at a total estimated Federal cost of $80,000.
SEC. 332. RED RIVER WATERWAY, LOUISIANA.
The project for mitigation of fish and wildlife losses,
Red River Waterway, Louisiana, authorized by section
601(a) of the Water Resources and Development Act of 1986
(100 Stat. 4142) and modified by section 102(p) of the
Water Resources and Development Act of 1990 (104 Stat.
4613), is further modified—
(1) to authorize the Secretary to carry out the
project at a total cost of $10,500,000; and
(2) to provide that lands that are purchased ad-
jacent to the Loggy Bayou Wildlife Management Area
may be located in Caddo Parish or Red River Parish.
114
SEC. 333. TOLCHESTER CHANNEL, MARYLAND.
The project for navigation, Baltimore Harbor and
Channels, Maryland, authorized by section 101 of the River
and Harbor Act of 1958 (72 Stat. 297) is modified to direct
the Secretary—
(1) to expedite review of potential straightening
of the channel at the Tolchester Channel S-Turn; and
(2) if determined to be feasible and necessary for
safe and efficient navigation, to implement such
straightening as part of project maintenance.
SEC. 334. SAGINAW RIVER, MICHIGAN.
The project for flood protection, Saginaw River, Michi-
gan, authorized by section 203 of the Flood Control Act of
1958 (72 Stat. 311) is modified to include as part of the
project the design and construction of an inflatable dam
on the Flint River, Michigan, at a total cost of $500,000.
SEC. 335. SAULT SAINTE MARIE, CHIPPEWA COUNTY, MICHI-
GAN.
(a) IN GENERAL.—The project for navigation, Sault
Sainte Marie, Chippewa County, Michigan, authorized by
section 1149 of the Water Resources Development Act of
1986 (100 Stat. 4254–4255), is modified as provided by this
subsection.
(b) PAYMENT OF NON-FEDERAL SHARE.—The non-
Federal share of the cost of the project referred to in sub-
section (a) shall be paid as follows:
115
(1) That portion of the non-Federal share which
the Secretary determines is attributable to use of the
lock by vessels calling at Canadian ports shall be paid
by the United States.
(2) The remaining portion of the non-Federal
share shall be paid by the Great Lakes States pursu-
ant to an agreement entered into by such States.
(c) PAYMENT TERM OF ADDITIONAL PERCENTAGE.—
The amount to be paid by non-Federal interests pursuant
to section 101(a) of the Water Resources Development Act
of 1986 (33 U.S.C. 2211(a)) and this subsection with re-
spect to the project referred to in subsection (a) may be paid
over a period of 50 years or the expected life of the project,
whichever is shorter.
(d) GREAT LAKES STATES DEFINED.—For the pur-
poses of this section, the term ‘‘Great Lakes States’’ means
the States of Illinois, Indiana, Michigan, Minnesota, New
York, Ohio, Pennsylvania, and Wisconsin.
SEC. 336. STILLWATER, MINNESOTA.
Section 363 of the Water Resources Development Act
of 1992 (106 Stat. 4861–4862) is amended—
(1) by inserting after ‘‘riverfront,’’ the following:
‘‘or expansion of such system if the Secretary deter-
mines that the expansion is feasible,’’;
116
(2) by striking ‘‘$3,200,000’’ and inserting
‘‘$11,600,000’’;
(3) by striking ‘‘$2,400,000’’ and inserting
‘‘$8,700,000’’; and
(4) by striking ‘‘$800,000’’ and inserting
‘‘$2,900,000’’.
SEC. 337. CAPE GIRARDEAU, MISSOURI.
The project for flood control, Cape Girardeau, Jackson
Metropolitan Area, Missouri, authorized by section 401(a)
of the Water Resources Development Act of 1986 (100 Stat.
4118–4119), is modified to authorize the Secretary to con-
struct the project, including implementation of non-
structural measures, at a total cost of $45,414,000, with an
estimated Federal cost of $33,030,000 and an estimated
non-Federal cost of $12,384,000.
SEC. 338. NEW MADRID HARBOR, MISSOURI.
The project for navigation, New Madrid Harbor, Mis-
souri, authorized pursuant to section 107 of the River and
Harbor Act of 1960 (33 U.S.C. 577) and modified by sec-
tion 102(n) of the Water Resources Development Act of 1992
(106 Stat. 4807), is further modified to direct the Secretary
to assume responsibility for maintenance of the existing
Federal channel referred to in such section 102(n) in addi-
tion to maintaining New Madrid County Harbor.
117
SEC. 339. ST. JOHN’S BAYOU—NEW MADRID FLOODWAY,
MISSOURI.
Notwithstanding any other provision of law, Federal
assistance made available under the rural enterprise zone
program of the Department of Agriculture may be used to-
ward payment of the non-Federal share of the costs of the
project for flood control, St. John’s Bayou and New Madrid
Floodway, Missouri, authorized by section 401(a) of the
Water Resources Development Act of 1986 (100 Stat. 4118).
SEC. 340. JOSEPH G. MINISH PASSAIC RIVER PARK, NEW
JERSEY.
Section 101(a)(18)(B) of the Water Resources Develop-
ment Act of 1990 (104 Stat. 4608) is amended by striking
‘‘$25,000,000’’ and inserting ‘‘$75,000,000’’.
SEC. 341. MOLLY ANN’S BROOK, NEW JERSEY.
The project for flood control, Molly Ann’s Brook, New
Jersey, authorized by section 401(a) of the Water Resources
Development Act of 1986 (100 Stat. 4119), is modified to
authorize the Secretary to carry out the project in accord-
ance with the report of the Corps of Engineers dated April
3, 1996, at a total cost of $40,100,000, with an estimated
Federal cost of $22,600,000 and an estimated non-Federal
cost of $17,500,000.
SEC. 342. PASSAIC RIVER, NEW JERSEY.
Section 1148 of the Water Resources Development Act
of 1986 (100 Stat. 4254) is amended to read as follows:
118
‘‘SEC. 1148. PASSAIC RIVER BASIN.
‘‘(a) ACQUISITION OF LANDS.—The Secretary is au-
thorized to acquire from willing sellers lands on which resi-
dential structures are located and which are subject to fre-
quent and recurring flood damage, as identified in the sup-
plemental floodway report of the Corps of Engineers, Pas-
saic River Buyout Study, September 1995, at an estimated
total cost of $194,000,000.
‘‘(b) RETENTION
OF LANDS
FOR FLOOD PROTEC-
TION.—Lands acquired by the Secretary under this section
shall be retained by the Secretary for future use in conjunc-
tion with flood protection and flood management in the
Passaic River Basin.
‘‘(c) COST SHARING.—The non-Federal share of the
cost of carrying out this section shall be 25 percent plus
any amount that might result from application of the re-
quirements of subsection (d).
‘‘(d) APPLICABILITY OF BENEFIT-COST RATIO WAIVER
AUTHORITY.—In evaluating and implementing the project
under this section, the Secretary shall allow the non-Federal
interest to participate in financing of the project in accord-
ance with section 903(c) of this Act, to the extent that the
Secretary’s evaluation indicates that applying such section
is necessary to implement the project.’’.
119
SEC. 343. RAMAPO RIVER AT OAKLAND, NEW JERSEY AND
NEW YORK.
The project for flood control, Ramapo River at Oak-
land, New Jersey and New York, authorized by section
401(a) of the Water Resources Development Act of 1986
(100 Stat. 4120), is modified to authorize the Secretary to
carry out the project in accordance with the report of the
Corps of Engineers dated May 1994, at a total cost of
$11,300,000, with an estimated Federal cost of $8,500,000
and an estimated non-Federal cost of $2,800,000.
SEC. 344. RARITAN BAY AND SANDY HOOK BAY, NEW JER-
SEY.
Section 102(q) of the Water Resources Development Act
of 1992 (106 Stat. 4808) is amended by striking ‘‘for
Cliffwood Beach’’.
SEC. 345. ARTHUR KILL, NEW YORK AND NEW JERSEY.
The project for navigation, Arthur Kill, New York and
New Jersey, authorized by section 202(b) of the Water Re-
sources Development Act of 1986 (100 Stat. 4098), is modi-
fied to authorize the Secretary to carry out the project to
a depth of not to exceed 45 feet if determined to be feasible
by the Secretary at a total cost of $83,000,000.
SEC. 346. JONES INLET, NEW YORK.
The project for navigation, Jones Inlet, New York, au-
thorized by section 2 of the Act entitled ‘‘An Act authorizing
construction, repair, and preservation of certain public
120
works on rivers and harbors, and for other purposes’’, ap-
proved March 2, 1945 (59 Stat. 13), is modified to direct
the Secretary to place uncontaminated dredged material on
beach areas downdrift from the federally maintained chan-
nel for the purpose of mitigating the interruption of littoral
system natural processes caused by the jetty and continued
dredging of the federally maintained channel.
SEC. 347. KILL VAN KULL, NEW YORK AND NEW JERSEY.
The project for navigation, Kill Van Kull, New York
and New Jersey, authorized by section 202(a) of the Water
Resources Development Act of 1986 (100 Stat. 4095), is
modified to authorize the Secretary to carry out the project
at a total cost of $750,000,000.
SEC. 348. WILMINGTON HARBOR-NORTHEAST CAPE FEAR
RIVER, NORTH CAROLINA.
The project for navigation, Wilmington Harbor-North-
east Cape Fear River, North Carolina, authorized by section
202(a) of the Water Resources Development Act of 1986
(100 Stat. 4095), is modified to authorize the Secretary to
construct the project substantially in accordance with the
General Design Memorandum dated April 1990 and the
General Design Memorandum Supplement dated February
1994, at a total cost of $52,041,000, with an estimated Fed-
eral cost of $25,729,000 and an estimated non-Federal cost
of $26,312,000.
121
SEC. 349. GARRISON DAM, NORTH DAKOTA.
The project for flood control, Garrison Dam, North Da-
kota, authorized by section 9 of the Flood Control Act of
December 22, 1944 (58 Stat. 891), is modified to authorize
the Secretary to acquire permanent flowage and saturation
easements over the lands in Williams County, North Da-
kota, extending from the riverward margin of the Buford-
Trenton Irrigation District main canal to the north bank
of the Missouri River, beginning at the Buford-Trenton Ir-
rigation District pumping station located in the northeast
quarter of section 17, township 152 north, range 104 west,
and continuing northeasterly downstream to the land re-
ferred to as the East Bottom, and any other lands outside
of the boundaries of the Buford-Trenton Irrigation District
which have been adversely affected by rising ground water
and surface flooding. Any easement acquired by the Sec-
retary pursuant to this subsection shall include the right,
power, and privilege of the Government to submerge, over-
flow, percolate, and saturate the surface and subsurface of
the land. The cost of acquiring such easements shall not ex-
ceed 90 percent, or be less than 75 percent, of the unaffected
fee value of the lands. The project is further modified to
authorize the Secretary to provide a lump sum payment
of $60,000 to the Buford-Trenton Irrigation District for
power requirements associated with operation of the drain-
age pumps and to relinquish all right, title, and interest
122
of the United States to the drainage pumps located within
the boundaries of the Irrigation District.
SEC. 350. RENO BEACH-HOWARDS FARM, OHIO.
The project for flood protection, Reno Beach-Howards
Farm, Ohio, authorized by section 203 of the Flood Control
Act, 1948 (62 Stat. 1178), is modified to provide that the
value of lands, easements, rights-of-way, and disposal areas
shall be determined on the basis of the appraisal performed
by the Corps of Engineers and dated April 4, 1985.
SEC. 351. WISTER LAKE, OKLAHOMA.
The flood control project for Wister Lake, LeFlore
County, Oklahoma, authorized by section 4 of the Flood
Control Act of June 28, 1938 (52 Stat. 1218), is modified
to increase the elevation of the conservation pool to 478 feet
and to adjust the seasonal pool operation to accommodate
the change in the conservation pool elevation.
SEC. 352. BONNEVILLE LOCK AND DAM, COLUMBIA RIVER,
OREGON AND WASHINGTON.
(a) IN GENERAL.—The project for Bonneville Lock and
Dam, Columbia River, Oregon and Washington, authorized
by the Act of August 20, 1937 (50 Stat. 731), and modified
by section 83 of the Water Resources Development Act of
1974 (88 Stat. 35), is further modified to authorize the Sec-
retary to convey to the city of North Bonneville, Washing-
123
ton, at no further cost to the city, all right, title and interest
of the United States in and to the following:
(1) Any municipal facilities, utilities fixtures,
and equipment for the relocated city, and any re-
maining lands designated as open spaces or munici-
pal lots not previously conveyed to the city, specifi-
cally, Lots M1 through M15, M16 (the ‘‘community
center lot’’), M18, M19, M22, M24, S42 through S45,
and S52 through S60.
(2) The ‘‘school lot’’ described as Lot 2, block 5,
on the plat of relocated North Bonneville.
(3) Parcels 2 and C, but only upon the comple-
tion of any environmental response actions required
under applicable law.
(4) That portion of Parcel B lying south of the
existing city boundary, west of the sewage treatment
plant, and north of the drainage ditch that is located
adjacent to the northerly limit of the Hamilton Island
landfill, provided the Secretary determines, at the
time of the proposed conveyance, that the Army has
taken all action necessary to protect human health
and the environment.
(5) Such portions of Parcel H which can be con-
veyed without a requirement for further investigation,
inventory or other action by the Department of the
124
Army under the provisions of the National Historic
Preservation Act.
(6) Such easements as the Secretary deems nec-
essary for—
(A) sewer and water line crossings of relo-
cated Washington State Highway 14; and
(B) reasonable public access to the Colum-
bia River across those portions of Hamilton Is-
land that remain under the ownership of the
United States.
(b) TIME PERIOD FOR CONVEYANCES.—The convey-
ances referred to in subsections (a)(1), (a)(2), (a)(5), and
(a)(6)(A) shall be completed within 180 days after the Unit-
ed States receives the release referred to in subsection (d).
All other conveyances shall be completed expeditiously, sub-
ject to any conditions specified in the applicable subsection.
(c) PURPOSE.—The purpose of the conveyances author-
ized by subsection (a) is to resolve all outstanding issues
between the United States and the city of North Bonneville.
(d) ACKNOWLEDGEMENT OF PAYMENT; RELEASE OF
CLAIMS RELATING TO RELOCATION OF CITY.—As a pre-
requisite to the conveyances authorized by subsection (a),
the city of North Bonneville shall execute an acknowledge-
ment of payment of just compensation and shall execute a
release of any and all claims for relief of any kind against
125
the United States growing out of the relocation of the city
of North Bonneville, or any prior Federal legislation relat-
ing thereto, and shall dismiss, with prejudice, any pending
litigation, if any, involving such matters.
(e) RELEASE BY ATTORNEY GENERAL.—Upon receipt
of the city’s acknowledgement and release referred to in sub-
section (d), the Attorney General of the United States shall
dismiss any pending litigation, if any, arising out of the
relocation of the city of North Bonneville, and execute a
release of any and all rights to damages of any kind under
the February 20, 1987, judgment of the United States
Claims Court, including any interest thereon.
(f) ACKNOWLEDGEMENT OF ENTITLEMENTS; RELEASE
BY CITY OF CLAIMS.—Within 60 days after the conveyances
authorized by subsection (a) (other than paragraph (6)(B))
have been completed, the city shall execute an acknowledge-
ment that all entitlements under such paragraph have been
completed and shall execute a release of any and all claims
for relief of any kind against the United States arising out
of this subsection.
(g) EFFECTS ON CITY.—Beginning on the date of the
enactment of this Act, the city of North Bonneville, or any
successor in interest thereto, shall—
(1) be precluded from exercising any jurisdiction
over any lands owned in whole or in part by the
126
United States and administered by the United States
Army Corps of Engineers in connection with the Bon-
neville project; and
(2) be authorized to change the zoning designa-
tions of, sell, or resell Parcels S35 and S56, which are
presently designated as open spaces.
SEC. 353. COLUMBIA RIVER DREDGING, OREGON AND
WASHINGTON.
The project for navigation, Lower Willamette and Co-
lumbia Rivers below Vancouver, Washington and Portland,
Oregon, authorized by the first section of the River and
Harbor Appropriations Act of June 18, 1878 (20 Stat.
152), is modified to direct the Secretary—
(1) to conduct channel simulation and to carry
out improvements to the existing deep draft channel
between the mouth of the river and river mile 34 at
a cost not to exceed $2,400,000; and
(2) to conduct overdepth and advance mainte-
nance dredging that is necessary to maintain author-
ized channel dimensions.
SEC. 354. GRAYS LANDING LOCK AND DAM, MONONGAHELA
RIVER, PENNSYLVANIA.
The project for navigation Grays Landing Lock and
Dam, Monongahela River, Pennsylvania, authorized by sec-
tion 301(a) of the Water Resources Development Act of 1986
127
(100 Stat. 4110), is modified to authorize the Secretary to
construct the project at a total cost of $181,000,000. The
costs of construction of the project are to be paid 1⁄2 from
amounts appropriated from the general fund of the Treas-
ury and 1⁄2 from amounts appropriated from the Inland
Waterways Trust Fund.
SEC. 355. LACKAWANNA RIVER AT SCRANTON, PENNSYLVA-
NIA.
The project for flood control, Lackawanna River at
Scranton, Pennsylvania, authorized by section 101(16) of
the Water Resources Development Act of 1992 (106 Stat.
4803), is modified to direct the Secretary to carry out the
project for flood control for the Plot and Green Ridge sec-
tions of the project. In evaluating and implementing the
project, the Secretary shall allow the non-Federal interest
to participate in financing of the project in accordance with
section 903(c) of the Water Resources Development Act of
1986, to the extent that the Secretary’s evaluation indicates
that applying such section is necessary to implement the
project.
SEC. 356. MUSSERS DAM, MIDDLE CREEK, SNYDER COUNTY,
PENNSYLVANIA.
Section 209(e)(5) of the Water Resources Development
Act of 1992 (106 Stat. 4830) is amended by striking
‘‘$3,000,000’’ and inserting ‘‘$5,000,000’’.
128
SEC. 357. SAW MILL RUN, PENNSYLVANIA.
The project for flood control, Saw Mill Run, Pitts-
burgh, Pennsylvania, authorized by section 401(a) of the
Water Resources Development Act of 1986 (100 Stat. 4124),
is modified to authorize the Secretary to carry out the
project in accordance with the report of the Corps of Engi-
neers dated April 8, 1994, at a total cost of $12,780,000,
with an estimated Federal cost of $9,585,000 and an esti-
mated non-Federal cost of $3,195,000.
SEC. 358. SCHUYLKILL RIVER, PENNSYLVANIA.
The navigation project for the Schuylkill River, Penn-
sylvania, authorized by the first section of the River and
Harbor Appropriations Act of August 8, 1917 (40 Stat.
252), is modified to provide for the periodic removal and
disposal of sediment to a depth of 6 feet detained within
portions of the Fairmount pool between the Fairmount
Dam and the Columbia Bridge, generally within the limits
of the channel alignments referred to as the Schuylkill River
Racecourse and return lane, and the Belmont Water Works
intakes and Boathouse Row.
SEC. 359. SOUTH CENTRAL PENNSYLVANIA.
Section 313(g)(1) of the Water Resources Development
Act of 1992 (106 Stat. 4846) is amended by striking
‘‘$50,000,000’’ and inserting ‘‘$90,000,000’’.
129
SEC. 360. WYOMING VALLEY, PENNSYLVANIA.
The project for flood control, Wyoming Valley, Penn-
sylvania, authorized by section 401(a) of the Water Re-
sources Development Act of 1986 (100 Stat. 4124), is modi-
fied to authorize the Secretary to undertake as part of the
construction of the project mechanical and electrical up-
grades to existing stormwater pumping stations in the Wyo-
ming Valley and to undertake mitigation measures.
SEC. 361. SAN JUAN HARBOR, PUERTO RICO.
The project for navigation, San Juan Harbor, Puerto
Rico, authorized by section 202(a) of the Water Resources
Development Act of 1986 (100 Stat. 4097), is modified to
authorize the Secretary to deepen the bar channel to depths
varying from 49 feet to 56 feet below mean low water with
other modifications to authorized interior channels as gen-
erally described in the General Reevaluation Report and
Environmental Assessment, dated March 1994, at a total
cost of $43,993,000, with an estimated Federal cost of
$27,341,000 and an estimated non-Federal cost of
$16,652,000.
SEC. 362. NARRAGANSETT, RHODE ISLAND.
Section 361(a) of the Water Resources Development
Act of 1992 (106 Stat. 4861) is amended—
(1) by striking ‘‘$200,000’’ and inserting
‘‘$1,900,000’’;
130
(2) by striking ‘‘$150,000’’ and inserting
‘‘$1,425,000’’; and
(3) 
by 
striking 
‘‘$50,000’’ 
and 
inserting
‘‘$475,000’’.
SEC. 363. CHARLESTON HARBOR, SOUTH CAROLINA.
The project for navigation, Charleston Harbor, South
Carolina, authorized by section 202(a) of the Water Re-
sources Development Act of 1986 (100 Stat. 4096), is modi-
fied to direct the Secretary to undertake ditching, clearing,
spillway replacement, and dike reconstruction of the Clouter
Creek Disposal Area, as a part of the operation and mainte-
nance of the Charleston Harbor project.
SEC. 364. DALLAS FLOODWAY EXTENSION, DALLAS, TEXAS.
(a) IN GENERAL.—The project for flood control, Dallas
Floodway Extension, Dallas, Texas, authorized by section
301 of the River and Harbor Act of 1965 (79 Stat. 1091),
is modified to provide that flood protection works con-
structed by the non-Federal interests along the Trinity
River in Dallas, Texas, for Rochester Park and the Central
Wastewater Treatment Plant shall be included as a part
of the project and the cost of such works shall be credited
against the non-Federal share of project costs but shall not
be included in calculating benefits of the project.
(b) DETERMINATION OF AMOUNT.—The amount to be
credited under subsection (a) shall be determined by the
131
Secretary. In determining such amount, the Secretary may
permit crediting only for that portion of the work performed
by the non-Federal interests which is compatible with the
project referred to in subsection (a), including any modi-
fication thereof, and which is required for construction of
such project.
(c) CASH CONTRIBUTION.—Nothing in this section
shall be construed to limit the applicability of the require-
ment contained in section 103(a)(1)(A) of the Water Re-
sources Development Act of 1986 to the project referred to
in subsection (a).
SEC. 365. UPPER JORDAN RIVER, UTAH.
The project for flood control, Upper Jordan River,
Utah, authorized by section 101(a)(23) of the Water Re-
sources Development Act of 1990 (104 Stat. 4610), is modi-
fied to authorize the Secretary to construct the project at
a total cost of $12,870,000, with an estimated Federal cost
of $8,580,000 and an estimated non-Federal cost of
$4,290,000.
SEC. 366. HAYSI LAKE, VIRGINIA.
The Haysi Lake, Virginia, feature of the project for
flood control, Tug Fork of the Big Sandy River, Kentucky,
West Virginia, and Virginia, authorized by section 202(a)
of the Energy and Water Development Appropriation Act,
1981 (94 Stat. 1339), is modified—
132
(1) to add recreation and fish and wildlife en-
hancement as project purposes;
(2) to direct the Secretary to construct the Haysi
Dam feature of the project substantially in accordance
with Plan A as set forth in the Draft General Plan
Supplement Report for the Levisa Fork Basin, Vir-
ginia and Kentucky, dated May 1995; and
(3) to direct the Secretary to apply section
103(m) of the Water Resources Development Act of
1986 (100 Stat. 4087) to the construction of such fea-
ture in the same manner as that section is applied
to other projects or project features construed pursu-
ant to such section 202(a).
SEC. 367. RUDEE INLET, VIRGINIA BEACH, VIRGINIA.
The project for navigation and shoreline protection,
Rudee Inlet, Virginia Beach, Virginia, authorized by sec-
tion 601(a) of the Water Resources Development Act of 1986
(100 Stat. 4148), is modified to authorize the Secretary to
continue maintenance of the project for 50 years beginning
on the date of initial construction of the project. The Fed-
eral share of the cost of such maintenance shall be deter-
mined in accordance with title I of the Water Resources
Development Act of 1986.
133
SEC. 368. VIRGINIA BEACH, VIRGINIA.
The non-Federal share of the costs of the project for
beach erosion control and hurricane protection, Virginia
Beach, Virginia, authorized by section 501(a) of the Water
Resources Development Act of 1986 (100 Stat. 4136), shall
be reduced by $3,120,803, or by such amount as is deter-
mined by an audit carried out by the Secretary to be due
to the city of Virginia Beach as reimbursement for the Fed-
eral share of beach nourishment activities carried out by
the city between October 1, 1986, and September 30, 1993,
if the Federal Government has not reimbursed the city for
the activities prior to the date on which a project coopera-
tive agreement is executed for the project.
SEC. 369. EAST WATERWAY, WASHINGTON.
The project for navigation, East and West waterways,
Seattle Harbor, Washington, authorized by the first section
of the River and Harbor Appropriations Act of March 2,
1919 (40 Stat. 1275), is modified to direct the Secretary—
(1) to expedite review of potential deepening of
the channel in the East waterway from Elliott Bay
to Terminal 25 to a depth of up to 51 feet; and
(2) if determined to be feasible, to implement
such deepening as part of project maintenance.
In carrying out work authorized by this section, the Sec-
retary shall coordinate with the Port of Seattle regarding
use of Slip 27 as a dredged material disposal area.
134
SEC. 370. BLUESTONE LAKE, WEST VIRGINIA.
Section 102(ff) of the Water Resources Development
Act of 1992 (106 Stat. 4810) is amended by inserting ‘‘ex-
cept for that organic matter necessary to maintain and en-
hance the biological resources of such waters and such non-
obtrusive items of debris as may not be economically feasible
to prevent being released through such project,’’ after
‘‘project,’’ the first place it appears.
SEC. 371. MOOREFIELD, WEST VIRGINIA.
The project for flood control, Moorefield, West Virginia,
authorized by section 101(a)(25) of the Water Resources De-
velopment Act of 1990 (104 Stat. 4610–4611), is modified
to authorize the Secretary to construct the project at a total
cost of $22,000,000, with an estimated Federal cost of
$17,100,000 and an estimated non-Federal cost of
$4,900,000.
SEC. 372. SOUTHERN WEST VIRGINIA.
(a) COST SHARING.—Section 340(c)(3) of the Water
Resources Development Act of 1992 (106 Stat. 4856) 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
135
reasonable costs of design work completed by
such interest prior to entering into a local co-
operation agreement with the Secretary for a
project. The credit for such design work shall 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 incurred in provid-
ing the non-Federal share of a project’s cost.
‘‘(C) LANDS, EASEMENTS, AND RIGHTS-OF-
WAY CREDIT.—The non-Federal interest shall re-
ceive credit for lands, easements, rights-of-way,
and relocations toward its share of project costs,
including all reasonable costs associated with ob-
taining permits necessary for the construction,
operation, and maintenance of such project on
publicly owned or controlled lands, but not to ex-
ceed 25 percent of total project costs.
‘‘(D) OPERATION AND MAINTENANCE.—Op-
eration and maintenance costs for projects con-
136
structed with assistance provided under this sec-
tion shall be 100 percent non-Federal.’’.
(b) FUNDING.—Section 340(g) of the Water Resources
Development Act of 1992 (106 Stat. 4856) is amended by
striking ‘‘$5,000,000’’ and inserting ‘‘$25,000,000’’.
SEC. 373. KICKAPOO RIVER, WISCONSIN.
(a) IN GENERAL.—The project for flood control and
allied purposes, Kickapoo River, Wisconsin, authorized by
section 203 of the Flood Control Act of 1962 (76 Stat. 1190)
and modified by section 814 of the Water Resources Devel-
opment Act of 1986 (100 Stat. 4169), is further modified
as provided by this section.
(b) TRANSFER OF PROPERTY.—
(1) IN GENERAL.—Subject to the requirements of
this subsection, the Secretary shall transfer to the
State of Wisconsin, without consideration, all right,
title, and interest of the United States to the lands de-
scribed in paragraph (3), including all works, struc-
tures, and other improvements to such lands.
(2) TRANSFER
TO
SECRETARY
OF
THE
INTE-
RIOR.—Subject to the requirements of this subsection,
on the date of the transfer under paragraph (1), the
Secretary shall transfer to the Secretary of the Inte-
rior, without consideration, all right, title, and inter-
est of the United States in and to lands that are cul-
137
turally and religiously significant sites of the Ho-
Chunk Nation (a federally recognized Indian tribe)
and are located within the lands described in para-
graph (3). Such lands shall be specified in accordance
with paragraph (4)(C) and may not exceed a total of
1,200 acres.
(3) LAND DESCRIPTION.—The lands to be trans-
ferred pursuant to paragraphs (1) and (2) are the ap-
proximately 8,569 acres of land associated with the
LaFarge Dam and Lake portion of the project re-
ferred to in subsection (a) in Vernon County, Wiscon-
sin, in the following sections:
(A) Section 31, Township 14 North, Range
1 West of the 4th Principal Meridian.
(B) Sections 2 through 11, and 16, 17, 20,
and 21, Township 13 North, Range 2 West of the
4th Principal Meridian.
(C) Sections 15, 16, 21 through 24, 26, 27,
31, and 33 through 36, Township 14 North,
Range 2 West of the 4th Principal Meridian.
(4) TERMS AND CONDITIONS.—
(A) HOLD HARMLESS; REIMBURSEMENT OF
UNITED STATES.—The transfer under paragraph
(1) shall be made on the condition that the State
of Wisconsin enters into a written agreement
138
with the Secretary to hold the United States
harmless from all claims arising from or through
the operation of the lands and improvements
subject to the transfer. If title to the lands de-
scribed in paragraph (3) is sold or transferred
by the State, then the State shall reimburse the
United States for the price originally paid by
the United States for purchasing such lands.
(B) IN
GENERAL.—The Secretary shall
make the transfers under paragraphs (1) and (2)
only if on or before October 31, 1997, the State
of Wisconsin enters into and submits to the Sec-
retary a memorandum of understanding, as
specified in subparagraph (C), with the tribal
organization (as defined by section 4(l) of the In-
dian Self-Determination and Education Assist-
ance Act (25 U.S.C. 450b(l))) of the Ho-Chunk
Nation.
(C) MEMORANDUM OF UNDERSTANDING.—
The memorandum of understanding referred to
in subparagraph (B) shall contain, at a mini-
mum, the following:
(i) A description of sites and associ-
ated lands to be transferred to the Secretary
of the Interior under paragraph (2).
139
(ii) An agreement specifying that the
lands transferred under paragraphs (1) and
(2) shall be preserved in a natural state and
developed only to the extent necessary to en-
hance outdoor recreational and educational
opportunities.
(iii) An agreement specifying the terms
and conditions of a plan for the manage-
ment of the lands to be transferred under
paragraphs (1) and (2).
(iv) A provision requiring a review of
the plan referred to in clause (iii) to be con-
ducted every 10 years under which the State
of Wisconsin, acting through the Kickapoo
Valley Governing Board, and the Ho-Chunk
Nation may agree to revisions of the plan
in order to address changed circumstances
on the lands transferred under paragraph
(2). Such provision may include a plan for
the transfer by the State to the Secretary of
the Interior of any additional site discov-
ered to be culturally and religiously signifi-
cant to the Ho-Chunk Nation.
(5) ADMINISTRATION
OF
LANDS.—The lands
transferred to the Secretary of the Interior under
140
paragraph (2), and any lands transferred to the Sec-
retary of the Interior pursuant to the memorandum
of understanding entered into under paragraph (3),
shall be held in trust for, and added to and adminis-
tered as part of the reservation of, the Ho-Chunk Na-
tion.
(6) TRANSFER OF FLOWAGE EASEMENTS.—The
Secretary shall transfer to the owner of the servient
estate, without consideration, all right, title, and in-
terest of the United States in and to each flowage
easement acquired as part of the project referred to in
subsection (a) within Township 14 North, Range 2
West of the 4th Principal Meridian, Vernon County,
Wisconsin.
(7) DEAUTHORIZATION.—Except as provided in
subsection (c), the LaFarge Dam and Lake portion of
the project referred to in subsection (a) is not author-
ized after the date of the transfer under this sub-
section.
(8) INTERIM MANAGEMENT AND MAINTENANCE.—
The Secretary shall continue to manage and main-
tain the LaFarge Dam and Lake portion of the
project referred to in subsection (a) until the date of
the transfer under this section.
(c) COMPLETION OF PROJECT FEATURES.—
141
(1) REQUIREMENT.—The Secretary shall under-
take the completion of the following features of the
project referred to in subsection (a):
(A) The continued relocation of State high-
way route 131 and county highway routes P and
F substantially in accordance with plans con-
tained in Design Memorandum No. 6, Reloca-
tion-LaFarge Reservoir, dated June 1970; except
that the relocation shall generally follow the ex-
isting road rights-of-way through the Kickapoo
Valley.
(B) Environmental cleanup and site res-
toration of abandoned wells, farm sites, and safe-
ty modifications to the water control structures.
(C) Cultural resource activities to meet the
requirements of Federal law.
(2) PARTICIPATION BY STATE OF WISCONSIN.—
In undertaking the completion of the features de-
scribed in paragraph (1), the Secretary shall deter-
mine the requirements of the State of Wisconsin on
the location and design of each such feature.
(d) FUNDING.—There is authorized to be appropriated
to carry out this section for fiscal years beginning after Sep-
tember 30, 1996, $17,000,000.
142
SEC. 374. TETON COUNTY, WYOMING.
Section 840 of the Water Resources Development Act
of 1986 (100 Stat. 4176) is amended—
(1) by striking ‘‘: Provided, That’’ and inserting
‘‘; except that’’;
(2) by striking ‘‘in cash or materials’’ and in-
serting ‘‘, through providing in-kind services or cash
or materials,’’; and
(3) by adding at the end the following: ‘‘In car-
rying out this section, the Secretary may enter into
agreements with the non-Federal sponsor permitting
the non-Federal sponsor to perform operation and
maintenance for the project on a cost-reimbursable
basis.’’.
TITLE IV—STUDIES
SEC. 401. CORPS CAPABILITY STUDY, ALASKA.
The Secretary shall review the capability of the Corps
of Engineers to plan, design, construct, operate, and main-
tain rural sanitation projects for rural and Native villages
in Alaska. Not later than 18 months after the date of the
enactment of this Act, the Secretary shall transmit findings
and recommendations on the agency’s capability, together
with recommendations on the advisability of assuming such
a mission.
143
SEC. 402. MCDOWELL MOUNTAIN, ARIZONA.
The Secretary shall credit the non-Federal share of the
cost of the feasibility study on the McDowell Mountain
project an amount equivalent to the cost of work performed
by the city of Scottsdale, Arizona, and accomplished prior
to the city’s entering into an agreement with the Secretary
if the Secretary determines that the work is necessary for
the study.
SEC. 403. NOGALES WASH AND TRIBUTARIES, ARIZONA.
(a) STUDY.—The Secretary shall conduct a study of
the relationship of flooding in Nogales, Arizona, and
floodflows emanating from Mexico.
(b) REPORT.—The Secretary shall transmit to Con-
gress a report on the results of the study conducted under
subsection (a), together with recommendations concerning
the appropriate level of non-Federal participation in the
project for flood control, Nogales Wash and tributaries, Ari-
zona, authorized by section 101(a)(4) of the Water Re-
sources Development Act of 1990 (104 Stat. 4606).
SEC. 404. GARDEN GROVE, CALIFORNIA.
The Secretary shall conduct a study to assess the fea-
sibility of implementing improvements in the regional flood
control system within Garden Grove, California.
SEC. 405. MUGU LAGOON, CALIFORNIA.
(a) STUDY.—The Secretary shall conduct a study of
the environmental impacts associated with sediment trans-
144
port, flood flows, and upstream watershed land use prac-
tices on Mugu Lagoon, California. The study shall include
an evaluation of alternatives for the restoration of the estua-
rine ecosystem functions and values associated with Mugu
Lagoon and the endangered and threatened species inhabit-
ing the area.
(b) CONSULTATION AND COORDINATION.—In conduct-
ing the study, the Secretary shall consult with the Secretary
of the Navy and shall coordinate with State and local re-
source agencies to assure that the study is compatible with
restoration efforts for the Calleguas Creek watershed.
(c) REPORT.—Not later than 24 months after the date
of the enactment of this Act, the Secretary shall transmit
to Congress a report on the results of the study.
SEC. 406. SANTA YNEZ, CALIFORNIA.
(a) PLANNING.—Not later than 1 year after the date
of the enactment of this Act, the Secretary shall prepare
a comprehensive river basin management plan addressing
the long term ecological, economic, and flood control needs
of the Santa Ynez River basin, California. In preparing
such plan, the Secretary shall consult the Santa Barbara
Flood Control District and other affected local governmental
entities.
(b) TECHNICAL ASSISTANCE.—The Secretary shall
provide technical assistance to the Santa Barbara Flood
145
Control District with respect to implementation of the plan
to be prepared under subsection (a).
SEC. 407. SOUTHERN CALIFORNIA INFRASTRUCTURE.
Section 116(d)(3) of the Water Resources Development
Act of 1990 (104 Stat. 4624) is amended by striking
‘‘$1,500,000’’ and inserting ‘‘$7,500,000’’.
SEC. 
408. 
YOLO 
BYPASS, 
SACRAMENTO-SAN 
JOAQUIN
DELTA, CALIFORNIA.
The Secretary shall study the advisability of acquiring
land in the vicinity of the Yolo Bypass in the Sacramento-
San Joaquin Delta, California, for the purpose of environ-
mental mitigation for the flood control project for Sac-
ramento, California, and other water resources projects in
the area.
SEC. 409. CHAIN OF ROCKS CANAL, ILLINOIS.
The Secretary shall complete a limited reevaluation of
the authorized St. Louis Harbor Project in the vicinity of
the Chain of Rocks Canal, Illinois, and consistent with the
authorized purposes of that project, to include evacuation
of waters interior to the Chain of Rocks Canal East Levee.
SEC. 410. QUINCY, ILLINOIS.
(a) STUDY.—The Secretary shall study and evaluate
the critical infrastructure of the Fabius River Drainage
District, the South Quincy Drainage and Levee District,
146
the Sny Island Levee Drainage District, and the city of
Quincy, Illinois—
(1) to determine if additional flood protection
needs of such infrastructure should be identified or
implemented;
(2) to produce a definition of critical infrastruc-
ture;
(3) to develop evaluation criteria; and
(4) to enhance existing geographic information
system databases to encompass relevant data that
identify critical infrastructure for use in emergencies
and in routine operation and maintenance activities.
(b) CONSIDERATION OF OTHER STUDIES.—In con-
ducting the study under this section, the Secretary shall
consider the recommendations of the Interagency Flood-
plain Management Committee Report, the findings of the
Floodplain Management Assessment of the Upper Mis-
sissippi River and Lower Missouri Rivers and Tributaries,
and other relevant studies and findings.
(c) REPORT.—Not later than 1 year after the date of
the enactment of this Act, the Secretary shall transmit to
Congress a report on the results of the study, together with
recommendations regarding each of the purposes of the
study described in paragraphs (1) through (4) of subsection
(a).
147
SEC. 411. SPRINGFIELD, ILLINOIS.
The Secretary shall provide technical, planning, and
design assistance to the city of Springfield, Illinois, in de-
veloping—
(1) an environmental impact statement for the
proposed development of a water supply reservoir, in-
cluding the preparation of necessary documentation
in support of the environmental impact statement;
and
(2) an evaluation of technical, economic, and en-
vironmental impacts of such development.
SEC. 412. BEAUTY CREEK WATERSHED, VALPARAISO CITY,
PORTER COUNTY, INDIANA.
The Secretary shall conduct a study to assess the fea-
sibility of implementing streambank erosion control meas-
ures and flood control measures within the Beauty Creek
watershed, Valparaiso City, Porter County, Indiana.
SEC. 413. GRAND CALUMET RIVER, HAMMOND, INDIANA.
(a) STUDY.—The Secretary shall conduct a study to
establish a methodology and schedule to restore the wetlands
at Wolf Lake and George Lake in Hammond, Indiana.
(b) REPORT.—Not later than 1 year after the date of
the enactment of this Act, the Secretary shall transmit to
Congress a report on the results of the study conducted
under subsection (a).
148
SEC. 414. INDIANA HARBOR CANAL, EAST CHICAGO, LAKE
COUNTY, INDIANA.
The Secretary shall conduct a study of the feasibility
of including environmental and recreational features, in-
cluding a vegetation buffer, as part of the project for navi-
gation, Indiana Harbor Canal, East Chicago, Lake County,
Indiana, authorized by the first section of the Rivers and
Harbors Appropriations Act of June 25, 1910 (36 Stat.
657).
SEC. 415. KOONTZ LAKE, INDIANA.
The Secretary shall conduct a study of the feasibility
of implementing measures to restore Koontz Lake, Indiana,
including measures to remove silt, sediment, nutrients,
aquatic growth, and other noxious materials from Koontz
Lake, measures to improve public access facilities to Koontz
Lake, and measures to prevent or abate the deposit of sedi-
ments and nutrients in Koontz Lake.
SEC. 416. LITTLE CALUMET RIVER, INDIANA.
(a) STUDY.—The Secretary shall conduct a study of
the impact of the project for flood control, Little Calumet
River, Indiana, authorized by section 401(a) of the Water
Resources Development Act of 1986 (100 Stat. 4115), on
flooding and water quality in the vicinity of the Black Oak
area of Gary, Indiana.
(b) REPORT.—Not later than 1 year after the date of
the enactment of this Act, the Secretary shall transmit to
149
Congress a report on the results of the study conducted
under subsection (a), together with recommendations for
cost-effective remediation of impacts described in subsection
(a).
(c) FEDERAL SHARE.—The Federal share of the cost
of the study to be conducted under subsection (a) shall be
100 percent.
SEC. 417. TIPPECANOE RIVER WATERSHED, INDIANA.
(a) STUDY.—The Secretary shall conduct a study of
water quality and environmental restoration needs in the
Tippecanoe River watershed, Indiana, including measures
necessary to reduce siltation in Lake Shafer and Lake Free-
man.
(b) ASSISTANCE.—The Secretary shall provide tech-
nical, planning, and design assistance to the Shafer Free-
man Lakes Environmental Conservation Corporation in
addressing potential environmental restoration activities
determined as a result of the study conducted under sub-
section (a).
SEC. 418. CALCASIEU SHIP CHANNEL, HACKBERRY, LOUISI-
ANA.
The Secretary shall conduct a study to determine the
need for improved navigation and related support service
structures in the vicinity of the Calcasieu Ship Channel,
Hackberry, Louisiana.
150
SEC. 419. HURON RIVER, MICHIGAN.
The Secretary shall conduct a study to determine the
need for channel improvements and associated modifica-
tions for the purpose of providing a harbor of refuge at
Huron River, Michigan.
SEC. 420. SACO RIVER, NEW HAMPSHIRE.
The Secretary shall conduct a study of flood control
problems along the Saco River in Hart’s Location, New
Hampshire, for the purpose of evaluating retaining walls,
berms, and other structures with a view to potential solu-
tions involving repair or replacement of existing structures
and shall consider other alternatives for flood damage re-
duction.
SEC. 421. BUFFALO RIVER GREENWAY, NEW YORK.
The Secretary shall conduct a study of a potential
greenway trail project along the Buffalo River between the
park system of the city of Buffalo, New York, and Lake
Erie. Such study shall include preparation of an integrated
plan of development that takes into consideration the adja-
cent parks, nature preserves, bikeways, and related rec-
reational facilities.
SEC. 422. PORT OF NEWBURGH, NEW YORK.
The Secretary shall conduct a study of the feasibility
of carrying out improvements for navigation at the port
of Newburgh, New York.
151
SEC. 423. PORT OF NEW YORK-NEW JERSEY SEDIMENT
STUDY.
(a) STUDY
OF MEASURES TO REDUCE SEDIMENT
DEPOSITION.—The Secretary shall conduct a study of meas-
ures that could reduce sediment deposition in the vicinity
of the Port of New York-New Jersey for the purpose of reduc-
ing the volumes to be dredged for navigation projects in the
Port.
(b) DREDGED MATERIAL DISPOSAL STUDY.—The Sec-
retary shall conduct a study to determine the feasibility of
constructing and operating an underwater confined dredged
material disposal site in the Port of New York-New Jersey
which could accommodate as much as 250,000 cubic yards
of dredged materials for the purpose of demonstrating the
feasibility of an underwater confined disposal pit as an en-
vironmentally suitable method of containing certain sedi-
ments.
(c) REPORT.—The Secretary shall transmit to Con-
gress a report on the results of the studies conducted under
this section, together with any recommendations of the Sec-
retary concerning reduction of sediment deposition referred
to in subsection (a).
SEC. 424. PORT OF NEW YORK-NEW JERSEY NAVIGATION
STUDY.
The Secretary shall conduct a comprehensive study of
navigation needs at the Port of New York-New Jersey (in-
152
cluding the South Brooklyn Marine and Red Hook Con-
tainer Terminals, Staten Island, and adjacent areas) to ad-
dress improvements, including deepening of existing chan-
nels to depths of 50 feet or greater, that are required to
provide economically efficient and environmentally sound
navigation to meet current and future requirements.
SEC. 425. CHAGRIN RIVER, OHIO.
The Secretary shall conduct a study of flooding prob-
lems along the Chagrin River in Eastlake, Ohio. In con-
ducting such study, the Secretary shall evaluate potential
solutions to flooding from all sources, including that result-
ing from ice jams, and shall evaluate the feasibility of a
sedimentation collection pit and other potential measures
to reduce flooding.
SEC. 426. CUYAHOGA RIVER, OHIO.
The Secretary shall conduct a study to evaluate the
integrity of the bulkhead system located on the Federal
channel along the Cuyahoga River in the vicinity of Cleve-
land, Ohio, and shall provide to the non-Federal interest
an analysis of costs and repairs of the bulkhead system.
SEC. 427. CHARLESTON, SOUTH CAROLINA, ESTUARY.
The Secretary is authorized to conduct a study of the
Charleston estuary area located in Charleston, Berkeley,
and Dorchester Counties, South Carolina, for the purpose
of evaluating environmental conditions in the tidal reaches
153
of the Ashley, Cooper, Stono, and Wando Rivers and the
lower portions of Charleston Harbor.
SEC. 428. MUSTANG ISLAND, CORPUS CHRISTI, TEXAS.
The Secretary shall conduct a study of navigation
along the south-central coast of Texas near Corpus Christi
for the purpose of determining the feasibility of constructing
and maintaining the Packery Channel on the southern por-
tion of Mustang Island.
SEC. 429. PRINCE WILLIAM COUNTY, VIRGINIA.
The Secretary shall conduct a study of flooding, ero-
sion, and other water resources problems in Prince William
County, Virginia, including an assessment of wetlands pro-
tection, erosion control, and flood damage reduction needs
of the County.
SEC. 430. PACIFIC REGION.
(a) STUDY.—The Secretary is authorized to conduct
studies in the interest of navigation in that part of the Pa-
cific region that includes American Samoa, Guam, and the
Commonwealth of the Northern Mariana Islands.
(b) COST SHARING.—The cost sharing provisions of
section 105 of the Water Resources Development Act of 1986
(33 U.S.C. 2215; 100 Stat. 4088–4089) shall apply to stud-
ies under this section.
154
SEC. 431. FINANCING OF INFRASTRUCTURE NEEDS OF
SMALL AND MEDIUM PORTS.
(a) STUDY.—The Secretary shall conduct a study of
alternative financing mechanisms for ensuring adequate
funding for the infrastructure needs of small and medium
ports.
(b) MECHANISMS TO BE STUDIED.—Mechanisms to be
studied under subsection (a) shall include the establishment
of revolving loan funds.
(c) REPORT.—Not later than 180 days after the date
of the enactment of this Act, the Secretary shall transmit
to Congress a report containing the results of the study con-
ducted under subsection (a).
TITLE V—MISCELLANEOUS
PROVISIONS
SEC. 501. PROJECT DEAUTHORIZATIONS.
The following projects are not authorized after the date
of the enactment of this Act:
(1) BRANFORD HARBOR, CONNECTICUT.—The fol-
lowing portion of the project for navigation, Branford
River, Connecticut, authorized by the first section of
the Rivers and Harbors Appropriations Act of June
13, 1902 (32 Stat. 333): Starting at a point on the
Federal 
channel 
line 
whose 
coordinates 
are
N156181.32, E581572.38, running south 70 degrees
11 minutes 8 seconds west a distance of 171.58 feet
155
to another point on the Federal channel line whose co-
ordinates are N156123.18, E581410.96.
(2) BRIDGEPORT HARBOR, CONNECTICUT.—The
following portion of the project for navigation,
Bridgeport Harbor, Connecticut, authorized by sec-
tion 101 of the River and Harbor Act of 1958 (72
Stat. 297): A 2.4-acre anchorage area, 9 feet deep,
and an adjacent 0.6-acre anchorage, 6 feet deep, lo-
cated on the west side of Johnsons River.
(3) GUILFORD HARBOR, CONNECTICUT.—The fol-
lowing portion of the project for navigation, Guilford
Harbor, Connecticut, authorized by section 2 of the
Act entitled ‘‘An Act authorizing construction, repair,
and preservation of certain public works on rivers
and harbors, and for other purposes’’, approved
March 2, 1945 (50 Stat. 13): Starting at a point
where the Sluice Creek Channel intersects with the
main entrance channel, N159194.63, E623201.07,
thence running north 24 degrees 58 minutes 15.2 sec-
onds west 478.40 feet to a point N159628.31,
E622999.11, thence running north 20 degrees 18 min-
utes 31.7 seconds west 351.53 feet to a point
N159957.99, E622877.10, thence running north 69
degrees 41 minutes 37.9 seconds east 55.000 feet to a
point N159977.08, E622928.69, thence turning and
156
running south 20 degrees 18 minutes 31.0 seconds
east 349.35 feet to a point N159649.45, E623049.94,
thence turning and running south 24 degrees 58 min-
utes 11.1 seconds east 341.36 feet to a point
N159340.00, E623194.04, thence turning and run-
ning south 90 degrees 0 minutes 0 seconds east 78.86
feet to a point N159340.00, E623272.90.
(4) JOHNSONS
RIVER
CHANNEL, BRIDGEPORT
HARBOR, CONNECTICUT.—The following portion of the
project for navigation, Johnsons River Channel,
Bridgeport Harbor, Connecticut, authorized by the
first section of the Rivers and Harbors Act of July 24,
1946 (60 Stat. 634): Northerly of a line across the
Federal channel. The coordinates of such line are N
123318.35, E 486301.68 and N 123257.15, E
486380.77.
(5) MYSTIC RIVER, CONNECTICUT.—The follow-
ing portion of the project for improving the Mystic
River, Connecticut, authorized by the River and Har-
bor Act approved March 4, 1913 (37 Stat. 802):
Beginning in the 15-foot deep channel at coordinates
north 190860.82, east 814416.20, thence running
southeast about 52.01 feet to the coordinates north
190809.47, east 814424.49, thence running southwest
about 34.02 feet to coordinates north 190780.46, east
157
814406.70, thence running north about 80.91 feet to
the point of beginning.
(6) NORWALK HARBOR, CONNECTICUT.—
(A) DEAUTHORIZATION.—The portion of the
project for navigation, Norwalk Harbor, Con-
necticut, authorized by the River and Harbor
Act of March 2, 1919 (40 Stat. 1276), that lies
northerly of a line across the Federal channel
having coordinates N104199.72, E417774.12 and
N104155.59, E417628.96, and those portions of
the 6-foot deep East Norwalk Channel and An-
chorage, authorized by section 2 of the Act enti-
tled ‘‘An Act authorizing the construction, re-
pair, and preservation of certain public works on
rivers and harbors, and for other purposes’’, ap-
proved March 2, 1945 (59 Stat. 13), not included
in the description of the realignment of the
project contained in subparagraph (B).
(B) REALIGNMENT DESCRIPTION.—The re-
aligned 6-foot deep East Norwalk Channel and
Anchorage is described as follows: starting at a
point on the East Norwalk Channel, N95743.02,
E419581.37, thence running northwesterly about
463.96 feet to a point N96197.93, E419490.18,
thence running northwesterly about 549.32 feet
158
to a point N96608.49, E419125.23, thence run-
ning northwesterly about 384.06 feet to a point
N96965.94, E418984.75, thence running north-
westerly about 407.26 feet to a point N97353.87,
E418860.78, thence running westerly about
58.26 feet to a point N97336.26, E418805.24,
thence running northwesterly about 70.99 feet to
a point N97390.30, E418759.21, thence running
westerly about 71.78 feet to a point on the an-
chorage limit N97405.26, E418689.01, thence
running southerly along the western limits of the
existing Federal anchorage until reaching a
point N95893.74, E419449.17, thence running in
a southwesterly direction about 78.74 feet to a
point on the East Norwalk Channel N95815.62,
E419439.33.
(C) REDESIGNATION.—All of the realigned
channel shall be redesignated as anchorage, with
the exception of that portion of the channel
which narrows to a width of 100 feet and termi-
nates at a line whose coordinates are N96456.81,
E419260.06, and N96390.37, E419185.32, which
shall remain as a channel.
(7) SOUTHPORT HARBOR, CONNECTICUT.—
159
(A) 
DEAUTHORIZATION
PORTION
OF
PROJECT.—The following portions of the project
for navigation, Southport Harbor, Connecticut,
authorized by the first section of the Rivers and
Harbors Act of August 30, 1935 (49 Stat. 1029):
(i) The 6-foot deep anchorage located
at the head of the project.
(ii) The portion of the 9-foot deep
channel beginning at a bend in the channel
whose coordinates are north 109131.16, east
452653.32 running thence in a northeast-
erly direction about 943.01 feet to a point
whose coordinates are north 109635.22, east
453450.31 running thence in a southeast-
erly direction about 22.66 feet to a point
whose coordinates are north 109617.15, east
453463.98 running thence in a southwest-
erly direction about 945.18 feet to the point
of beginning.
(B) REMAINDER.—The remaining portion
of the project referred to in subparagraph (A)
northerly of a line whose coordinates are north
108699.15, east 452768.36 and north 108655.66,
east 452858.73 shall be redesignated as an an-
chorage.
160
(8) STONY CREEK, BRANFORD, CONNECTICUT.—
The following portion of the project for navigation,
Stony Creek, Connecticut, authorized under section
107 of the River and Harbor Act of 1960 (33 U.S.C.
577): The 6-foot maneuvering basin starting at a
point N157031.91, E599030.79, thence running
northeasterly 
about 
221.16 
feet 
to 
a 
point
N157191.06, E599184.37, thence running northerly
about 162.60 feet to a point N157353.56, E599189.99,
thence running southwesterly about 358.90 feet to the
point of origin.
(9) YORK HARBOR, MAINE.—That portion of the
project for navigation, York Harbor, Maine, author-
ized by section 101 of the River and Harbor Act of
1960 (74 Stat. 480), located in the 8-foot deep anchor-
age area beginning at coordinates N 109340.19, E
372066.93, thence running north 65 degrees 12 min-
utes 10.5 seconds E 423.27 feet to a point N
109517.71, E372451.17, thence running north 28 de-
grees 42 minutes 58.3 seconds west 11.68 feet to a
point N 109527.95, E 372445.56, thence running
south 63 degrees 37 minutes 24.6 seconds west 422.63
feet returning to the point of beginning and that por-
tion in the 8-foot deep anchorage area beginning at
coordinates N 108557.24, E 371645.88, thence run-
161
ning south 60 degrees 41 minutes 17.2 seconds east
484.51 feet to a point N 108320.04, E 372068.36,
thence running north 29 degrees 12 minutes 53.3 sec-
onds east 15.28 feet to a point N 108333.38, E
372075.82, thence running north 62 degrees 29 min-
utes 42.1 seconds west 484.73 feet returning to the
point of beginning.
(10) CHELSEA RIVER, BOSTON HARBOR, MASSA-
CHUSETTS.—The following portion of the project for
navigation, Boston Harbor, Massachusetts, authorized
by section 101 of the River and Harbor Act of 1962
(76 Stat. 1173), consisting of a 35-foot deep channel
in the Chelsea River: Beginning at a point on the
northern limit of the existing project N505357.84,
E724519.19, thence running northeasterly about
384.19 feet along the northern limit of the existing
project to a bend on the northern limit of the existing
project N505526.87, E724864.20, thence running
southeasterly about 368.00 feet along the northern
limit of the existing project to another point
N505404.77, E725211.35, thence running westerly
about 594.53 feet to a point N505376.12, E724617.51,
thence running southwesterly about 100.00 feet to the
point of origin.
164
(i) The portion commencing at a point
north 199286.37 east 844394.81 a line run-
ning north 73 degrees 09 minutes 29 sec-
onds east 440.34 feet to a point north
199413.99 east 844816.36, thence turning
and running north 43 degrees 09 minutes
34.5 seconds east 119.99 feet to a point
north 199501.52 east 844898.44, thence
turning and running south 66 degrees 52
minutes 03.5 seconds east 547.66 feet re-
turning to a point north 199286.41 east
844394.91.
(ii) The portion commencing at a
point north 199647.41 east 845035.25 a line
running north 43 degrees 09 minutes 33.1
seconds east 767.15 feet to a point north
200207.01 east 845560.00, thence turning
and running north 11 degrees 04 minutes
24.3 seconds west 380.08 feet to a point
north 200580.01 east 845487.00, thence
turning and running north 22 degrees 05
minutes 50.8 seconds east 1332.36 feet to a
point north 201814.50 east 845988.21,
thence turning and running north 02 de-
grees 54 minutes 15.7 seconds east 15.0 feet
165
to a point north 201829.48 east 845988.97,
thence turning and running south 24 de-
grees 56 minutes 42.3 seconds west 1410.29
feet returning to the point north 200550.75
east 845394.18.
(B) REDESIGNATION.—The portion of the
project for navigation Falmouth, Massachusetts,
referred to in subparagraph (A) upstream of a
line designated by the 2 points north 199463.18
east 844496.40 and north 199350.36 east
844544.60 is redesignated as an anchorage area.
(13) MYSTIC RIVER, MASSACHUSETTS.—The fol-
lowing portion of the project for navigation, Mystic
River, Massachusetts, authorized by section 101 of the
River and Harbor Act of 1950 (64 Stat. 164): The 35-
foot deep channel beginning at a point on the north-
ern limit of the existing project, N506243.78,
E717600.27, thence running easterly about 1000.00
feet along the northern limit of the existing project to
a point, N506083.42, E718587.33, thence running
southerly about 40.00 feet to a point, N506043.94,
E718580.91, thence running westerly about 1000.00
feet to a point, N506204.29, E717593.85, thence run-
ning northerly about 40.00 feet to the point of origin.
166
(14) WEYMOUTH-FORE AND TOWN RIVERS, MAS-
SACHUSETTS.—The following portions of the project
for navigation, Weymouth-Fore and Town Rivers,
Boston Harbor, Massachusetts, authorized by section
301 of the River and Harbor Act of 1965 (79 Stat.
1089):
(A) The 35-foot deep channel beginning at
a bend on the southern limit of the existing
project, N457394.01, E741109.74, thence running
westerly 
about 
405.25 
feet 
to 
a 
point,
N457334.64, E740708.86, thence running south-
westerly about 462.60 feet to another bend in the
southern 
limit 
of 
the 
existing 
project,
N457132.00, E740293.00, thence running north-
easterly about 857.74 feet along the southern
limit of the existing project to the point of ori-
gin.
(B) The 15- and 35-foot deep channels be-
ginning at a point on the southern limit of the
existing project, N457163.41, E739903.49, thence
running northerly about 111.99 feet to a point,
N457275.37, E739900.76, thence running west-
erly about 692.37 feet to a point N457303.40,
E739208.96, thence running southwesterly about
190.01 feet to another point on the southern
167
limit of the existing project, N457233.17,
E739032.41, thence running easterly about
873.87 feet along the southern limit of the exist-
ing project to the point of origin.
(15) MORRISTOWN
HARBOR, NEW
YORK.—The
following portion of the project for navigation, Mor-
ristown Harbor, New York, authorized by the first
section of the Rivers and Harbors Act of January 21,
1927 (44 Stat. 1011): The portion that lies north of
the north boundary of Morris Street extended.
(16) CONNEAUT
HARBOR, 
OHIO.—The most
southerly 300 feet of the 1,670-foot long Shore Arm of
the project for navigation, Conneaut Harbor, Ohio,
authorized by the first section of the Rivers and Har-
bors Appropriation Act of June 25, 1910 (36 Stat.
653).
(17) OSWEGATCHIE
RIVER, OGDENSBURG
NEW
YORK.—The portion of the Federal channel of the
project for navigation, Ogdensburg Harbor, New York,
authorized by the first section of the Rivers and Har-
bors Appropriations Act of June 25, 1910 (36 Stat.
635), as modified by the first section of the Rivers
and Harbors Act of August 30, 1935 (49 Stat. 1037),
which is in the Oswegatchie River in Ogdensburg,
New York, from the southernmost alignment of the
168
Route 68 bridge upstream to the northernmost align-
ment of the Lake Street bridge.
(18) APPONAUG
COVE, WARWICK, RHODE
IS-
LAND.—The following portion of the project for navi-
gation, Apponaug Cove, Rhode Island, authorized
under section 101 of the River and Harbor Act of
1960 (74 Stat. 480): The 6-foot channel bounded by
coordinates N223269.93, E513089.12; N223348.31,
E512799.54; 
N223251.78, 
E512773.41; 
and
N223178.0, E513046.0.
(19) PORT WASHINGTON HARBOR, WISCONSIN.—
The following portion of the navigation project for
Port Washington Harbor, Wisconsin, authorized by
the Rivers and Harbors Appropriations Act of July
11, 1870 (16 Stat. 223): Beginning at the northwest
corner of project at Channel Pt. No. 36, of the Federal
Navigation 
Project, 
Port 
Washington 
Harbor,
Ozaukee 
County, 
Wisconsin, 
at 
coordinates
N513529.68, E2535215.64, thence 188 degrees 31
minutes 59 seconds, a distance of 178.32 feet, thence
196 degrees 47 minutes 17 seconds, a distance of
574.80 feet, thence 270 degrees 58 minutes 25 seconds,
a distance of 465.50 feet, thence 178 degrees 56 min-
utes 17 seconds, a distance of 130.05 feet, thence 87
degrees 17 minutes 05 seconds, a distance of 510.22
169
feet, thence 104 degrees 58 minutes 31 seconds, a dis-
tance of 178.33 feet, thence 115 degrees 47 minutes 55
seconds, a distance of 244.15 feet, thence 25 degrees 12
minutes 08 seconds, a distance of 310.00 feet, thence
294 degrees 46 minutes 50 seconds, a distance of
390.20 feet, thence 16 degrees 56 minutes 16 seconds,
a distance of 570.90 feet, thence 266 degrees 01 min-
utes 25 seconds, a distance of 190.78 feet to Channel
Pt. No. 36, point of beginning.
SEC. 502. PROJECT REAUTHORIZATIONS.
(a) GRAND PRAIRIE REGION AND BAYOU METO BASIN,
ARKANSAS.—The project for flood control, Grand Prairie
Region and Bayou Meto Basin, Arkansas, authorized by
section 204 of the Flood Control Act of 1950 (64 Stat. 174)
and deauthorized pursuant to section 1001(b)(1) of the
Water Resources Development Act of 1986 (33 U.S.C.
579a(b)(1)), is authorized to be carried out by the Sec-
retary; except that the scope of the project includes ground
water protection and conservation, agricultural water sup-
ply, and waterfowl management.
(b) WHITE RIVER, ARKANSAS.—The project for navi-
gation, White River Navigation to Batesville, Arkansas, au-
thorized by section 601(a) of the Water Resources Develop-
ment Act of 1986 (100 Stat. 4139) and deauthorized by sec-
tion 52(b) of the Water Resources Development Act of 1988