I
104TH CONGRESS
2D SESSION
H. R. 3563
To provide for the conservation and development of water and related re-
sources, to authorize the Secretary of the Army to construct various
projects for improvements to rivers and harbors of the United States,
and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JUNE 4, 1996
Mr. SHUSTER (for himself and Mr. OBERSTAR) (both by request) introduced
the following bill; which was referred to the Committee on Transportation
and Infrastructure
A BILL
To provide for the conservation and development of water
and related resources, to authorize the Secretary of the
Army to construct various projects for improvements to
rivers and harbors of the United States, and for other
purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Water Resources Development Act of 1996’’.
(b) TABLE OF CONTENTS.—
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Project authorizations.
Sec. 4. Project modifications.
Sec. 5. Expansion of section 1135 program.
Sec. 6. Ecosystem restoration.
Sec. 7. Planning assistance to States.
Sec. 8. Regulatory Program Fund.
Sec. 9. Recovery of costs for clean up of hazardous substances.
Sec. 10. Engineering and environmental innovations of national significance.
Sec. 11. Cost-sharing of environmental projects.
Sec. 12. Federal lump-sum payments for Federal operation and maintenance
costs.
Sec. 13. Selection of and cost-sharing for dredged material disposal facilities.
Sec. 14. Waiver of uneconomical cost-sharing requirements.
Sec. 15. Buford Trenton Irrigation District.
Sec. 16. City of North Bonneville, Washington.
Sec. 17. Collaborative research and development.
Sec. 18. Research and development in support of Army civil works program.
Sec. 19. National inventory of dams.
Sec. 20. Teton County, Wyoming.
Sec. 21. Interagency and international support authority.
Sec. 22. Project deauthorizations.
Sec. 23. Flood Insurance Interagency Task Force.
Sec. 24. State and Federal agency review period.
Sec. 25. Recreation user fee revenues.
Sec. 26. Technical Advisory Committee.
Sec. 27. Revocation of section 211, River and Harbor Act of 1950.
Sec. 28. Technical corrections.
Sec. 29. Discontinuance of maintenance of low-use ports.
Sec. 30. Structural flood control cost-sharing and floodplain management re-
quirements.
Sec. 31. Study authorities.
Sec. 32. Montgomery Point Lock and Dam.
Sec. 33. Lease authority.
Sec. 34. Section 215 reimbursement limitation per project.
Sec. 35. Poplar Island, Maryland.
Sec. 36. Removal of study prohibitions .
SEC. 2. DEFINITIONS.
For purposes of this Act, the term ‘‘Secretary’’
means the Secretary of the Army.
SEC. 3. PROJECT AUTHORIZATIONS.
The following projects for water resources develop-
ment and conservation and other purposes are authorized
to be carried out by the Secretary substantially in accord-
ance with the plans, and subject to the conditions, rec-
1994, at a total cost of $53,763,000. The non-Fed-
eral share of project costs shall be 100%, in accord-
ance with section 103(c) of the Water Resources De-
velopment Act of 1986. Funds derived by the Ten-
nessee Valley Authority from its power program and
funds derived from any private or public entity des-
ignated by the Southeastern Power Administration
may be used to pay for all or a part of the non-
Federal project cost requirements.
(7) WOOD RIVER, GRAND ISLAND, NEBRASKA.—
The project for flood damage reduction, Wood River,
Grand Island, Nebraska: Report of the Chief of En-
gineers, dated May 3, 1994, at a total cost of
$11,800,000, with an estimated Federal cost of
$5,900,000 and an estimated non-Federal cost of
$5,900,000.
(8) WILMINGTON HARBOR, NORTH CAROLINA.—
The project for navigation, Wilmington Harbor,
Cape Fear - Northeast Cape Fear Rivers, North
Carolina: Report of the Chief of Engineers, dated
June 24, 1994, at a total cost of $23,953,000, with
an estimated Federal cost of $15,032,000 and an es-
timated non-Federal cost of $8,921,000.
(9) DUCK CREEK, OHIO.—The project for flood
damage reduction, Duck Creek, Ohio: Report of the
Chief of Engineers, dated June 28, 1994, at a total
cost of $15,947,000, with an estimated Federal
share of $7,973,500 and an estimated non-Federal
share of $7,973,500.
(10) RIO
GRANDE
DE
ARECIBO, 
PUERTO
RICO.—The project for flood damage reduction, Rio
Grande de Arecibo, Puerto Rico: Report of the Chief
of Engineers dated April 5, 1994, at a total cost of
$19,951,000, with an estimated Federal share of
$9,975,500 and an estimated non-Federal share of
$9,975,500.
(11) BIG SIOUX RIVER, SIOUX FALLS, SOUTH
DAKOTA.—The project for flood damage reduction,
Big Sioux River, Sioux Falls, South Dakota: Report
of the Chief of Engineers dated June 30, 1994, at
a total cost of $34,600,000, with an estimated Fed-
eral share of $17,300,000 and an estimated non-
Federal share of $17,300,000.
(12) MARMET LOCK REPLACEMENT, WEST VIR-
GINIA.— The project for navigation, Marmet Lock
Replacement, Marmet Lock and Dam, Kanawha
River, West Virginia: Report of the Chief of Engi-
neers, dated June 24, 1994, at a total cost of
$229,581,000. Of the total cost, one-half is to be
paid from amounts appropriated from the general
fund of the Treasury and one-half is to be paid from
amounts appropriated from the Inland Waterways
Trust Fund.
(13) AMERICAN RIVER WATERSHED, CALIFOR-
NIA.—The project for flood damage reduction,
American and Sacramento Rivers, California: Sup-
plemental Information Report for the American
River Watershed Project, California, dated March
1996, at a total cost of $57,300,000, with an esti-
mated Federal cost of $28,650,000 and an esti-
mated non-Federal cost of $28,650,000, consisting
of approximately 24 miles of slurry wall in the exist-
ing levees along the lower American River; approxi-
mately 12 miles of levee modifications along the east
bank of the Sacramento River downstream from the
Natomas Cross Canal; 3 telemeter streamflow gages
upstream from the Folsom Reservoir; and modifica-
tions to the existing flood warning system along the
lower American River. The non-Federal project
sponsor shall receive credit toward the non-Federal
share of project costs for expenses it has incurred
for design or construction of any of the features au-
thorized pursuant to this paragraph prior to the
time Federal funds are appropriated for construction
of the project. The amount of the credit shall be de-
termined by the Secretary. The Secretary of the In-
terior shall continue to operate the Folsom Dam and
Reservoir to the variable 400,000/670,000 acre-feet
of flood control storage capacity as an interim meas-
ure and extend the agreement between the Bureau
of Reclamation and the Sacramento Area Flood
Control Agency until such time as a comprehensive
flood control plan for the American River Watershed
has been implemented. The non-Federal project
sponsor shall be responsible for all operation, main-
tenance, repair, replacement, and rehabilitation costs
associated with the improvements undertaken pursu-
ant to this paragraph, as well as costs for the vari-
able flood control operation of the Folsom Dam and
Reservoir.
SEC. 4. PROJECT MODIFICATIONS.
(a) CENTRAL AND SOUTHERN FLORIDA: CANAL C–
111.—The project for Central and Southern Florida, au-
thorized by section 203 of the Flood Control Act of 1968
(Public Law 90-483), is modified to authorize the Sec-
retary to implement the recommended plan of improve-
ment contained in the District Engineer’s Report entitled
‘‘Central and Southern Florida Project, Final Integrated
General Reevaluation Report and Environmental Impact
Statement, Canal 111 (C–111), South Dade County, Flor-
ida’’, dated May 1994, including acquisition of such por-
tions of the Frog Pond and Rocky Glades areas as are
needed for the project. The Federal share of the cost of
implementing the plan of improvement shall be 50 percent.
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 the project, which
amount shall be included in the Federal share. The non-
Federal share of operation and maintenance costs of the
improvements undertaken pursuant to this subsection
shall be 100 percent; except that the Federal Government
shall reimburse the non-Federal project sponsor 60 per-
cent of the costs of operating and maintaining pump sta-
tions that pump water into Taylor Slough in Everglades
National Park.
(b) CENTRAL AND SOUTHERN FLORIDA: CANAL C–
51.—The project for flood protection of West Palm Beach,
Florida (C–51), authorized by section 203 of the Flood
Control Act of 1962 (Public Law 87–874), is modified to
provide for construction of an enlarged stormwater deten-
tion area, Storm Water Treatment Area 1 East, generally
in accordance with the plan of improvements described in
the February 15, 1994, report entitled ‘‘Everglades Pro-
tection Project, Palm Beach County, Florida, Conceptual
Design’’, prepared by Burns and McDonnell, and as fur-
ther described in detailed design documents to be ap-
proved by the Secretary. The additional work authorized
by this subsection shall be accomplished at complete Fed-
eral expense in recognition of the water supply benefits
accruing to the Loxahatchee National Wildlife Refuge and
the Everglades National Park and in recognition of the
statement in support of the Everglades restoration effort
set forth in the document signed by the Department of
the Interior and the Department of the Army in July
1993. Operation and maintenance of the stormwater de-
tention area shall be consistent with regulations prescribed
by the Secretary for the Central and Southern Florida
project, with all costs of such operation and maintenance
work borne by non-Federal interests.
(c) ARKANSAS CITY, KANSAS.—The project for flood
damage reduction, Arkansas City, Kansas, authorized by
section 401(a) of the Water Resources Development Act
of 1986 (100 Stat. 4116), is modified to authorize the Sec-
retary to construct the project at a total cost of
$38,500,000, with an estimated Federal cost of
$19,250,000 and an estimated non-Federal cost of
$19,250,000.
(d) NORTH BRANCH
OF CHICAGO RIVER, ILLI-
NOIS.—The project for flood damage reduction for the
North Branch of the Chicago River, Illinois, authorized
Act of 1986 (100 Stat. 4097) is modified to authorize the
Secretary to implement the project in accordance with the
General Reevaluation Report and Environmental Assess-
ment dated March 1994 at a total cost of $43,993,000,
with an estimated Federal cost of $27,341,000 and an es-
timated non-Federal cost of $16,652,000.
(h) REMOVAL OF NAVIGATION HAZARD, SEEKONK
RIVER, PROVIDENCE, RHODE ISLAND.—Section 1166(c)
of the Water Resources Development Act of 1986 (100
Stat. 4258–4259) is modified by—
(1) striking ‘‘$500,000’’ and replacing it with
‘‘$1,300,000’’; and,
(2) striking ‘‘$250,000’’ each place it appears
and replacing it with ‘‘$650,000’’.
SEC. 5. EXPANSION OF SECTION 1135 PROGRAM.
Section 1135 of the Water Resources Development
Act of 1986 (33 U.S.C. 2309a) is amended by—
(1) striking the period at the end of subsection
(a) and inserting the following: ‘‘and to determine if
the operation of such projects has contributed to the
degradation of the quality of the environment.’’;
(2) striking the last 2 sentences of subsection
(b); and
(3) redesignating subsections (c), (d), and (e)
as (e), (f), and (g), respectively, and inserting after
subsection (b) the following new subsections:
‘‘(c) If the Secretary determines that operation of a
water resources project has contributed to the degradation
of the quality of the environment, the Secretary may also
undertake measures for restoration of environmental qual-
ity, provided such measures are feasible and consistent
with the authorized project purposes.
‘‘(d) The non-Federal share of the cost of any modi-
fications or measures carried out or undertaken pursuant
to subsections (b) or (c) of this section shall be 25 percent.
No more than $5,000,000 in Federal funds may be ex-
pended on any single modification or measure carried out
or undertaken pursuant to this section.’’.
SEC. 6. ECOSYSTEM RESTORATION.
(a) The Secretary is authorized to carry out eco-
system restoration and protection projects when the Sec-
retary determines that such projects will improve the qual-
ity of the environment and are in the public interest and
that the environmental and economic benefits, both mone-
tary and nonmonetary, of a project to be undertaken pur-
suant to this section justify the cost. Non-Federal inter-
ests shall provide 50 percent of the cost of construction
of any project carried out under this section, including
provision of all lands, easements, rights-of-ways and nec-
essary relocations.
(b) Construction of a project pursuant to this section
shall be initiated only after a non-Federal interest has en-
tered 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 operation,
maintenance, and replacement and rehabilitation costs of
the project in accordance with regulations prescribed by
the Secretary.
(c) No project may be carried out under this section
without specific authorization by Congress if the estimated
Federal cost of the project exceeds $5,000,000.
(d) There is authorized to be appropriated not to ex-
ceed $50,000,000 annually to carry out this section.
SEC. 7. PLANNING ASSISTANCE TO STATES.
Section 22 of the Water Resources Development Act
of 1974 (42 U.S.C. 1962d–16) is amended by—
(1) inserting ‘‘, watersheds or ecosystems’’ after
‘‘basins’’ in subsection (a);
(2) striking subsection (b)(2) and redesignating
subsections (b)(3) and (b)(4) as (b)(2) and (b)(3),
respectively; and,
(3) striking ‘‘$6,000,000’’ and ‘‘$300,000’’ in
subsection (c) and inserting ‘‘$10,000,000’’ and
‘‘$500,000’’, respectively.
SEC. 8. REGULATORY PROGRAM FUND.
(a) ESTABLISHMENT OF FUND.—There is hereby es-
tablished in the Treasury of the United States the ‘‘Army
Civil Works Regulatory Program Fund’’ (hereinafter re-
ferred to as the ‘‘Regulatory Program Fund’’) into which
shall be deposited fees collected by the Secretary pursuant
to subsection (b) of this section. Amounts deposited into
the Regulatory Program Fund are authorized to be appro-
priated to the Secretary to cover a portion of the expenses
incurred by the Department of the Army in administering
laws pertaining to the regulation of the navigable waters
of the United States, including wetlands.
(b) REGULATORY FEES.—(1) To the extent provided
for in appropriations Acts, the Secretary shall establish
and collect fees for the evaluation of commercial permit
applications, for the recovery of costs associated with the
preparation of Environmental Impact Statements required
by the National Environmental Policy Act of 1969, and
for the recovery of costs associated with wetlands delinea-
tions for major developments affecting wetlands. Amounts
collected pursuant to this paragraph shall be deposited
into the Regulatory Program Fund established by sub-
section (a) of this section.
(2) The fees described in paragraph (1) of this sub-
section shall be established by the Secretary at rates that
will allow for the recovery of receipts at amounts as pro-
vided for in appropriation Acts.
SEC. 9. RECOVERY OF COSTS FOR CLEAN UP OF HAZARD-
OUS SUBSTANCES.
Any amounts recovered under section 107 of the
Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9607) for any re-
sponse action taken by the Secretary in support of the
Army civil works program and any other amounts recov-
ered by the Secretary from a contractor, insurer, surety,
or other person to reimburse the Army for any expenditure
for environmental response activities in support of the
Army civil works program shall be credited to the trust
fund account from which the cost of such response action
has been paid or will be charged.
SEC. 10. ENGINEERING AND ENVIRONMENTAL INNOVA-
TIONS OF NATIONAL SIGNIFICANCE.
To encourage innovative and environmentally sound
engineering solutions and innovative environmental solu-
tions to problems of national significance, the Secretary
may undertake surveys, plans, and studies and prepare re-
ports which may lead to work under existing civil works
authorities or to recommendations for authorizations.
There is authorized to be appropriated up to $3,000,000
each fiscal year for the purpose of carrying out this sec-
tion. The Secretary may also accept and expend additional
funds from other Federal agencies, States, or non-Federal
entities for purposes of carrying out this section.
SEC. 11. COST-SHARING OF ENVIRONMENTAL PROJECTS.
Section 103(c) of the Water Resources Development
Act of 1986 (100 Stat. 4085) is amended by—
(1) striking ‘‘and’’ at the end of paragraph (5);
(2) inserting ‘‘and’’ at the end of paragraph
(6); and
(3) adding at the end the following new para-
graph:
‘‘(7) environmental protection and restoration:
50 percent.’’.
SEC. 12. FEDERAL LUMP-SUM PAYMENTS FOR FEDERAL OP-
ERATION AND MAINTENANCE COSTS.
(a) At a water resources project where the non-Fed-
eral interest is responsible for performing the operation,
maintenance, replacement, and rehabilitation of the
project and the Federal Government is responsible for
paying a portion of the operation, maintenance, replace-
ment, and rehabilitation costs, the Secretary may provide,
under terms and conditions acceptable to the Secretary,
a payment of the estimated total Federal share of such
costs to the non-Federal interest after completion of con-
struction of the project or a separable element thereof.
(b) The amount to be paid shall be equal to the
present value of the Federal payments over the life of the
project, as estimated by the Government, and shall be
computed using an interest rate determined by the Sec-
retary of the Treasury taking into consideration current
market yields on outstanding marketable obligations of the
United States with maturities comparable to the remain-
ing life of the project.
(c) The Secretary may make a payment under this
section only if the non-Federal interest has entered into
a binding agreement with the Secretary to perform the
operation, maintenance, replacement, and rehabilitation of
the project or separable element. The agreement must be
in accordance with the requirements of section 221 of the
Flood Control Act of 1970 (84 Stat. 1818) and must con-
tain provisions specifying the terms and conditions under
which a payment may be made under this section and the
rights of, and remedies available to, the Federal Govern-
ment to recover all or a portion of a payment made under
this section in the event the non-Federal interest suspends
or terminates its performance of operation, maintenance,
replacement, and rehabilitation of the project or separable
element or fails to perform such activities in a manner
satisfactory to the Secretary.
(d) Except as provided in subsection (c), a payment
provided to the non-Federal interest under this section
shall relieve the Government of any future obligations for
paying any of the operation, maintenance, replacement,
and rehabilitation costs for the project or separable ele-
ment.
SEC. 13. SELECTION OF AND COST-SHARING FOR DREDGED
MATERIAL DISPOSAL FACILITIES.
(a) The cost of constructing all dredged material dis-
posal facilities associated with Federal navigation projects
for harbors and inland harbors, including the cost of
diking and the cost of other improvements necessary for
the proper disposal of dredged material shall be considered
a general navigation feature of such projects and shall be
cost shared in accordance with the procedures set forth
in section 101(a) of the Water Resources Development Act
of 1986 (100 Stat. 4083).
(b) The Federal share of the cost of operation and
maintenance of each disposal facility to which subsection
(a) applies shall be determined in accordance with section
101(b) of the Water Resources Development Act of 1986
(100 Stat. 4083).
(c) The Federal share of the cost of constructing
dredged material disposal facilities associated with the op-
eration and maintenance of all Federal navigation projects
for harbors and inland harbors shall be considered eligible
operation and maintenance costs for purposes of section
210(a) of the Water Resources Development Act of 1986
(100 Stat. 4106) and shall be paid for out of the Harbor
Maintenance Trust Fund established by section 1403 of
the Water Resources Development Act of 1986 (100 Stat.
4269–4270).
(d) Section 214(2)(A) of the Water Resources Devel-
opment Act of 1986 (100 Stat. 4108) is amended by in-
serting the following after ‘‘harbor or inland harbor’’: ‘‘,
dredging and disposing of contaminated sediments which
are in or which affect the maintenance of Federal naviga-
tion channels, mitigating for storm damage and environ-
mental impacts resulting from Federal maintenance activi-
ties, and operating and maintaining dredged material dis-
posal facilities’’.
(e) The Secretary shall ensure, to the extent prac-
ticable, that funding requirements for operation and main-
tenance dredging of commercial navigation harbors are
considered fully before Federal funds are obligated for
payment of the Federal share of costs associated with con-
struction of dredged material disposal facilities in accord-
ance with subsection (a) and that funds expended for such
construction are equitably apportioned in accordance with
regional needs.
(f) This section shall apply to the construction of
dredged material disposal facilities for which a contract
for construction has not been awarded on or before the
date of the enactment of this Act. The Secretary may, with
the consent of the non-Federal interest, amend a project
cooperation agreement executed prior to the date of the
enactment of this Act to reflect the provisions of sub-
section (a) of this section with regard to dredged material
disposal facilities for which a contract for construction has
not been awarded.
SEC. 14. WAIVER OF UNECONOMICAL COST-SHARING RE-
QUIREMENTS.
Section 221 of the Flood Control Act of 1970 (42
U.S.C. 1962d–5b) is amended by striking the period at
the end of the first sentence and inserting the following:
‘‘; except that no such agreement shall be required if the
Secretary determines that the administrative costs associ-
ated with negotiating, executing, or administering the
agreement would exceed the amount of the contribution
required from the non-Federal interest.’’.
SEC. 15. BUFORD TRENTON IRRIGATION DISTRICT.
(a) The Secretary shall acquire permanent flowage
and saturation easements over—
(1) 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 Irrigation District pumping station
located in the NE1⁄4 of Section 17, T–152–N, R–
104–W, and continuing northeasterly downstream to
the land referred to as the East Bottom; and,
(2) any other lands outside of the boundaries of
the Buford Trenton Irrigation District which are
contiguous to the District and which have been af-
fected by rising groundwater and surface flooding.
(b) The easement acquired by the Secretary pursuant
to this section shall include the right, power, and privilege
of the Government to submerge, overflow, percolate and
saturate the surface and subsurface of the land and such
other terms and conditions considered appropriate by the
Secretary.
(c) In acquiring the interests in the lands as provided
for in subsection (a) of this section, the Secretary shall
pay an amount based on the unaffected fee value of the
lands.
(d) Notwithstanding any other provision of law, the
Secretary shall convey to the Buford Trenton Irrigation
District all right, title, and interest of the United States
in the drainage pumps located within the boundaries of
the District. The Secretary is further authorized to pro-
vide a lump sum payment of $60,000 for power require-
ments associated with operation of the drainage pumps.
(e) There is authorized to be appropriated up to
$34,000,000 to carry out this section. Such sums shall
remain available until expended.
SEC. 16. CITY OF NORTH BONNEVILLE, WASHINGTON.
Section 9147 of Public Law 102–396 is amended by
striking all that follows ‘‘is further modified to’’ the first
place it appears in subsection (a) and inserting the follow-
ing: ‘‘authorize the Secretary of the Army to convey to
the City of North Bonneville, Washington, at no further
cost to the City, all right, title, and interest of the United
States in and to—
‘‘(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, as shown on the plats
of Skamania County, Washington;
‘‘(2) the ‘school lot’ described as Lot 2, Block
5 on the plats of relocated North Bonneville, re-
corded in Skamania County, Washington;
‘‘(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 treat-
ment plant, and north of the drainage ditch that is
located adjacent to the northerly limit of the Hamil-
ton Island landfill, provided the Secretary of the
Army determines, at the time of the proposed con-
veyance, that the Department of the Army has taken
all action necessary to protect human health and the
environment;
‘‘(5) such portions of Parcel H which can be
conveyed without a requirement for further inves-
tigation, inventory, or other action by the Depart-
ment of the Army under the provisions of the Na-
tional Historic Preservation Act; and
‘‘(6) such easements as the Secretary of the
Army deems necessary for—
‘‘(A) sewer and water line crossings of re-
located Washington State Highway No. 14; and
‘‘(B) reasonable public access to the Co-
lumbia River across those portions of Hamilton
Island that remain under the ownership of the
United States.
The conveyances referred to in paragraphs (1), (2), (5),
and (6)(A) shall be completed within 180 days after the
United States receives the release referred to in subsection
(b)(1). All other conveyances shall be completed expedi-
tiously, subject to any conditions specified in the applica-
ble subsection.
‘‘(b)(1) The conveyances authorized in subsection (a)
are intended to resolve all outstanding issues between the
United States and the City of North Bonneville. As a pre-
requisite to such conveyances, the City of North Bonne-
ville shall execute an acknowledgment of payment of just
compensation and shall execute a release of any and all
claims for relief of any kind against the United States
growing out of the relocation of the City of North Bonne-
ville, or any prior Federal legislation relating thereto, and
shall dismiss, with prejudice, any pending litigation involv-
ing such matters.
‘‘(2) Upon receipt of the City’s acknowledgment and
release referred to in paragraph (1), the Attorney General
of the United States shall dismiss any pending litigation
arising out of the relocation of the City of North Bonne-
ville and shall execute a release of any and all rights to
damages of any kind under the February 20, 1987, judg-
ment of the United States Claims Court, including any
interest thereon.
‘‘(3) Within 60 days after the conveyances authorized
in subsections (a)(1) through (a)(6)(A) have been com-
pleted, the City shall execute an acknowledgment that all
entitlements under those subsections 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
statute.
‘‘(c) Beginning on the date of the enactment of this
Act, the City of North Bonneville, or any successor in in-
terest thereto, shall—
‘‘(1) be precluded from exercising any jurisdic-
tion over any lands owned in whole or in part by the
United States and administered by the Corps of En-
gineers in connection with the Bonneville project;
and
‘‘(2) be authorized to change the zoning des-
ignations of, sell or resell Parcels S35 and S56,
which are presently designated as open spaces.’’.
SEC. 17. COLLABORATIVE RESEARCH AND DEVELOPMENT.
Section 7 of the Water Resources Development Act
of 1988 (102 Stat. 4022) is amended by—
(1) adding the following at the end of sub-
section (d): ‘‘The Secretary may also accept and ex-
pend additional funds from other Federal programs,
including other Department of Defense programs.’’;
(2) redesignating subsections (b), (c), and (d)
as paragraphs (1), (2) and (3), respectively;
(3) deleting subsection (e); and
(4) adding the following new subsection:
‘‘(b) PREAGREEMENT TEMPORARY PROTECTION OF
TECHNOLOGY.—If the Secretary determines that informa-
tion developed as a result of research and development ac-
tivities conducted by the Corps of Engineers is likely to
be subject to a cooperative research and development
agreement within 2 years of its development and that such
information would be a trade secret or commercial or fi-
nancial information that would be privileged or confiden-
tial if the information had been obtained from a non-Fed-
eral party participating in a cooperative research and de-
velopment agreement under section 12 of the Stevenson-
Wydler Technology Innovation Act of 1980, the Secretary
may provide appropriate protection against the dissemina-
tion of such information, including exemption from sub-
chapter II of chapter 5 of title 5, United States Code, until
the earlier of the date the Secretary enters into such an
agreement with respect to such information or the last day
of the 2-year period beginning on the date of such deter-
mination. Any information covered by this subsection
which becomes the subject of a cooperative research and
development agreement shall be accorded the protection
provided under 15 U.S.C. 710a(c)(7)(B) as if such infor-
mation had been developed under a cooperative research
and development agreement.’’.
SEC. 18. RESEARCH AND DEVELOPMENT IN SUPPORT OF
ARMY CIVIL WORKS PROGRAM.
(a) In carrying out research and development in sup-
port of the civil works program of the Department of the
Army, the Secretary may utilize contracts, cooperative re-
search and development agreements, cooperative agree-
ments, and grants with non-Federal entities, including
State and local governments, colleges and universities,
consortia, professional and technical societies, public and
private scientific and technical foundations, research insti-
tutions, educational organizations, and non-profit organi-
zations.
(b) With respect to contracts for research and devel-
opment, the Secretary may include requirements that have
potential commercial application and may also use such
potential application as an evaluation factor where appro-
priate.
SEC. 19. NATIONAL INVENTORY OF DAMS.
Section 13 of Public Law 92–367 (33 U.S.C. 467l)
is amended by striking the second sentence and replacing
it with the following: ‘‘There is authorized to be appro-
priated up to $500,000 each fiscal year for the purpose
of carrying out this section.’’.
SEC. 20. TETON COUNTY, WYOMING.
Section 840 of the Water Resources Development Act
of 1986 (100 Stat. 4176) is amended by—
(1) replacing the colon following ‘‘Secretary’’
with a period;
(2) inserting the following before ‘‘Provided,’’:
‘‘In carrying out this section the Secretary may
enter into agreements with the non-Federal sponsor
permitting the non-Federal sponsor to perform oper-
ation and maintenance for the project on a cost-re-
imbursable basis:’’; and
(3) inserting the following after ‘‘$35,000’’:
‘‘through providing in-kind services or’’.
SEC. 21. INTERAGENCY AND INTERNATIONAL SUPPORT AU-
THORITY.
The Secretary may apply the technical and manage-
rial expertise of the Army Corps of Engineers to domestic
and international problems related to water resources, in-
frastructure development and environmental restoration
and protection in support of other Federal agencies or
international organizations on problems of national signifi-
cance to the United States. The Secretary may engage in
such activities in support of international organizations
only after consulting with the Department of State. There
is authorized to be appropriated up to $3,000,000 each
fiscal year for the purpose of carrying out this section.
The Secretary may also accept and expend additional
funds from other Federal agencies or international organi-
zations for purposes of carrying out this section.
SEC. 22. PROJECT DEAUTHORIZATIONS.
(a) Section 1001 of the Water Resources Develop-
ment Act of 1986 (33 U.S.C. 579a) is amended by—
(1) striking ‘‘10’’ in the first sentence of para-
graph (2) of subsection (b) and replacing it with
‘‘5’’;
(2) striking ‘‘Before’’ at the beginning of the
second sentence of paragraph (2) of subsection (b)
and replacing it with ‘‘Upon official’’; and
(3) inserting ‘‘planning, designing, or’’ before
‘‘construction’’ in the last sentence of paragraph (2)
of subsection (b).
(b) Section 52(a) of the Water Resources Develop-
ment Act of 1988 (102 Stat. 4044) is repealed.
SEC. 23. FLOOD INSURANCE INTERAGENCY TASK FORCE.
Section 561 of the Riegle Community Development
and Regulatory Improvement Act of 1994 (Public Law
103–325) is amended by—
(1) striking ‘‘10’’ before ‘‘members’’ in sub-
section (b)(1) and inserting ‘‘11’’;
(2) striking ‘‘and’’ at the end of subsection
(b)(1)(I);
(3) striking the period at the end of subsection
(b)(1)(J) and inserting ‘‘; and,’’; and
(4) adding the following as a new subparagraph
at the end of subsection (b)(1):
‘‘(K) the Assistant Secretary of the Army (Civil
Works).’’.
SEC. 24. STATE AND FEDERAL AGENCY REVIEW PERIOD.
Section 1(a) of the Public Law 534, 78th Congress
(33 U.S.C. 701–1(a)) is amended by striking ‘‘ninety’’
from the sentence ‘‘Within ninety days from the date of
receipt of said proposed report, the written views and rec-
ommendations of each affected State and of the Secretary
of the Interior may be submitted to the Chief of Engi-
neers.’’ and replacing it with ‘‘thirty’’ and by striking
‘‘ninety-day’’ from the sentence ‘‘The Secretary of the
Army may prepare and make said transmittal and time
following said ninety-day period.’’ and replacing it with
‘‘thirty-day’’.
SEC. 25. RECREATION USER FEE REVENUES.
Section 4 of the Land and Water Conservation Fund
Act of 1965 (16 U.S.C. 460l–6a) is amended by adding
the following at the end of subsection (i)(1):
‘‘(C) Notwithstanding paragraph (2), be-
ginning in fiscal year 1997, of the funds cov-
ered into the special account established for the
Army Corps of Engineers pursuant to subpara-
graph (A), eighty percent of all receipts earned
in the previous fiscal year in excess of
$30,000,000 shall be made available to the
Corps without further appropriations. Begin-
ning in fiscal year 2006 and in each fiscal year
thereafter, eighty percent of all receipts earned
in the previous fiscal year which are in excess
of $30,000,000 plus 4 percent per fiscal year
shall be made available to the Corps without
further appropriation. Amounts made available
to the Corps pursuant to this subparagraph
shall be used solely to maintain or improve in-
frastructure related to visitor use and to meet
annual operating expenses related to visitor
services at areas or sites administered by the
Corps. Of the funds made available to the
Corps under this subparagraph, 75 percent
shall be allocated to the area or site from which
the fees were collected in proportion to the
amount collected at each area or site and 25
percent shall be allocated to areas or sites on
the basis of need, as determined by the Sec-
retary of the Army.’’.
SEC. 26. TECHNICAL ADVISORY COMMITTEE.
The Technical Advisory Committee established pur-
suant to section 310(a) of Public Law 101–640 shall no
longer exist after the date of the enactment of this Act.
SEC. 27. REVOCATION OF SECTION 211, RIVER AND HARBOR
ACT OF 1950.
Section 211 of the River and Harbor Act of 1950,
Public Law 516, 81st Congress, is hereby repealed.
SEC. 28. TECHNICAL CORRECTIONS.
(a) Section 203(b) of the Water Resources Develop-
ment Act of 1992 (106 Stat. 4826) is amended by striking
‘‘(8662)’’ and inserting ‘‘(8862)’’.
(b) Section 225(c) of the Water Resources Develop-
ment Act of 1992 (106 Stat. 4838) is amended by striking
‘‘(8662)’’ in the second sentence and inserting ‘‘(8862)’’.
SEC. 29. DISCONTINUANCE OF MAINTENANCE OF LOW-USE
PORTS.
(a) The Secretary shall develop and transmit to Con-
gress a list of harbors and channels that do not produce
commercial benefits which exceed the cost of operation
and maintenance of the harbor or channel and shall pub-
lish such list in the Federal Register no later than June
30, 1997.
(b) The list developed pursuant to subsection (a) shall
not include subsistence ports or ports serving communities
where the economy is substantially dependent upon com-
mercial fishing, charter fishing, or related commercial ac-
tivities.
(c) After September 30, 1997, the Secretary shall not
undertake or continue operation and maintenance activi-
ties at those harbors and channels included in the list de-
veloped pursuant to subsection (a).
(d) Any harbor or channel included on the list devel-
oped by the Secretary pursuant to this section shall not
be authorized after December 31, 2002, unless the Con-
gress specifically directs the continuation of operation and
maintenance of the harbor or channel in law.
(e) For purposes of this section—
(1) the term ‘‘commercial benefits’’ means the
benefits associated with the transportation of cargo
on a commercial vessel, including passengers trans-
ported for compensation or hire, and the benefits ac-
cruing to the owners and operators of vessels en-
gaged in commercial fishing, charter fishing, or re-
lated commercial activities; and
(2) the term subsistence ports means a mari-
time port located in Alaska, Hawaii, or any posses-
sion of the United States, and which is the principal
reliable commercial transportation facility available
to the general public for the transport of cargo nec-
essary to support the life and economy of the popu-
lation residing at that geographic location.
SEC. 30. STRUCTURAL FLOOD CONTROL COST-SHARING
AND FLOODPLAIN MANAGEMENT REQUIRE-
MENTS.
(a) Section 103(a) of the Water Resources Develop-
ment Act of 1986 (100 Stat. 4084–4085) is amended by—
(1) striking ‘‘25’’ each place it appears in para-
graph (2) and inserting ‘‘50’’;
(2) striking ‘‘MINIMUM’’ in paragraph (2);
(3) adding the following to paragraph (2) after
the last sentence in that paragraph: ‘‘The non-Fed-
eral share under paragraph (1) shall not exceed 50
percent of the cost of the project assigned to flood
control. The preceding sentence does not modify the
requirement of paragraph (1)(A) of this sub-
section.’’; and
(4) striking paragraphs (3) and (4).
(b) Section 402 of the Water Resources Development
Act of 1986 (100 Stat. 4133) is amended by—
(1) striking ‘‘Before’’ and inserting the follow-
ing: ‘‘Prior to initiation of’’;
(2) inserting ‘‘Federal’’ after ‘‘any’’;
(3) inserting ‘‘(a)’’ after ‘‘shall’’; and
(4) striking the period after ‘‘programs’’ and
inserting the following: ‘‘and (b) develop and adopt
a comprehensive flood plain management plan that
the Secretary, after consultation with appropriate
Federal and State agencies, finds acceptable. The
cost of developing and adopting such a plan shall be
cost shared as a cost of the project in accordance
with sections 103(a) and 103(b) of the Water Re-
sources Development Act of 1986 (100 Stat. 4084–
4085).’’.
(c) APPLICABILITY.—The amendments made by this
section shall apply to projects for which a written agree-
ment as required by section 221 of the Flood Control Act
of 1970 (84 Stat. 1818) has not been executed as of the
date of the enactment of this Act.