H. R. 2203
One Hundred Fifth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the seventh day of January, one thousand nine hundred and ninety-seven
An Act
Making appropriations for energy and water development for the fiscal year ending
September 30, 1998, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That the
following sums are appropriated, out of any money in the Treasury
not otherwise appropriated, for the fiscal year ending September
30, 1998, for energy and water development, and for other purposes,
namely:
TITLE I
DEPARTMENT OF DEFENSE—CIVIL
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS—CIVIL
The following appropriations shall be expended under the
direction of the Secretary of the Army and the supervision of the
Chief of Engineers for authorized civil functions of the Department
of the Army pertaining to rivers and harbors, flood control, beach
erosion, and related purposes.
GENERAL INVESTIGATIONS
For expenses necessary for the collection and study of basic
information pertaining to river and harbor, flood control, shore
protection, and related projects, restudy of authorized projects, mis-
cellaneous investigations, and, when authorized by laws, surveys
and detailed studies and plans and specifications of projects prior
to construction, $156,804,000, to remain available until expended,
of which funds are provided for the following projects in the amounts
specified:
Delaware Bay Coastline, Delaware and New Jersey,
$456,000;
Tampa Harbor, Alafia Channel, Florida, $270,000;
Laulaulei, Hawaii, $200,000;
Barnegat Inlet to Little Egg Harbor Inlet, New Jersey,
$400,000;
Brigantine Inlet to Great Egg Harbor Inlet, New Jersey,
$472,000;
Great Egg Harbor Inlet to Townsends Inlet, New Jersey,
$400,000;
H. R. 2203—2
Lower Cape May Meadows—Cape May Point, New Jersey,
$154,000;
Manasquan Inlet to Barnegat Inlet, New Jersey, $400,000;
Raritan Bay to Sandy Hook Bay (Cliffwood Beach), New
Jersey, $300,000;
Townsends Inlet to Cape May Inlet, New Jersey, $500,000;
and
Monongahela River, Fairmont, West Virginia, $350,000:
Provided, That the Secretary of the Army, acting through the Chief
of Engineers, is directed to use $600,000 of the funds appropriated
in Public Law 102–377 for the Red River Waterway, Shreveport,
Louisiana, to Daingerfield, Texas, project for the feasibility phase
of the Red River Navigation, Southwest Arkansas, study: Provided
further, That the Secretary of the Army, acting through the Chief
of Engineers, is directed to use $470,000 of the funds appropriated
herein to initiate the feasibility phase for the Metropolitan
Louisville, Southwest, Kentucky, study: Provided further, That the
Secretary of the Army is directed to use $500,000 of the funds
appropriated herein to implement section 211(f)(7) of Public Law
104–303 (110 Stat. 3684) and to reimburse the non-Federal sponsor
a portion of the Federal share of project costs for the Hunting
Bayou element of the project for flood control, Buffalo Bayou and
tributaries, Texas: Provided further, That the Secretary of the Army
is directed to use $150,000 of the funds appropriated herein to
implement section 211(f)(8) of Public Law 104–303 (110 Stat. 3684)
and to reimburse the non-Federal sponsor a portion of the Federal
share of project costs for the project for flood control, White Oak
Bayou watershed, Texas.
CONSTRUCTION, GENERAL
For the prosecution of river and harbor, flood control, shore
protection, and related projects authorized by laws; and detailed
studies, and plans and specifications, of projects (including those
for development with participation or under consideration for
participation by States, local governments, or private groups)
authorized or made eligible for selection by law (but such studies
shall not constitute a commitment of the Government to construc-
tion), $1,473,373,000, to remain available until expended, of which
such sums as are necessary pursuant to Public Law 99–662 shall
be derived from the Inland Waterways Trust Fund, for one-half
of the costs of construction and rehabilitation of inland waterways
projects, including rehabilitation costs for the Lock and Dam 25,
Mississippi River, Illinois and Missouri; Lock and Dam 14, Mis-
sissippi River, Iowa; Lock and Dam 24, Mississippi River, Illinois
and Missouri; and Lock and Dam 3, Mississippi River, Minnesota,
projects, and of which funds are provided for the following projects
in the amounts specified:
Arkansas River, Tucker Creek, Arkansas, $300,000;
Norco Bluffs, California, $1,000,000;
San 
Timoteo 
Creek 
(Santa 
Ana 
River 
Mainstem),
California, $5,000,000;
Panama City Beaches, Florida, $5,000,000;
Tybee Island, Georgia, $2,000,000;
Indianapolis Central Waterfront, Indiana, $5,000,000;
Indiana Shoreline Erosion, Indiana, $3,000,000;
Lake George, Hobart, Indiana, $3,500,000;
Ohio River Flood Protection, Indiana, $1,300,000;
H. R. 2203—3
Harlan, 
Williamsburg, 
and 
Middlesboro, 
Kentucky,
elements of the Levisa and Tug Forks of the Big Sandy River
and Upper Cumberland River, $26,390,000;
Martin County, Kentucky, element of the Levisa and Tug
Forks of the Big Sandy River and Upper Cumberland River,
$5,000,000;
Pike County, Kentucky, element of the Levisa and Tug
Forks of the Big Sandy River and Upper Cumberland River,
$5,300,000;
Town of Martin (Levisa and Tug Forks of the Big Sandy
River and Upper Cumberland River), Kentucky, $700,000;
Salyersville, Kentucky, $2,050,000;
Southern and Eastern Kentucky, Kentucky, $3,000,000;
Lake Pontchartrain and Vicinity (Hurricane Protection),
Louisiana, $22,920,000;
Lake 
Pontchartrain 
(Jefferson 
Parish) 
Stormwater
Discharge, Louisiana, $3,000,000;
Jackson County, Mississippi, $3,000,000;
Natchez Bluff, Mississippi, $4,000,000;
Pearl River, Mississippi (Walkiah Bluff), $2,000,000;
Joseph G. Minish Passaic River Park, New Jersey,
$3,000,000;
Hudson River, Athens, New York, $8,700,000;
Lackawanna River, Olyphant, Pennsylvania, $1,400,000;
Lackawanna River, Scranton, Pennsylvania, $5,425,000;
Lycoming County, Pennsylvania, $339,000;
South Central Pennsylvania Environment Improvement
Program, $30,000,000, of which $10,000,000 shall be available
only for water-related environmental infrastructure and
resource protection and development projects in Lackawanna,
Lycoming, Susquehanna, Wyoming, Pike, and Monroe counties
in Pennsylvania in accordance with the purposes of subsection
(a) and requirements of subsections (b) through (e) of section
313 of the Water Resources Development Act of 1992, as
amended;
Wallisville Lake, Texas, $9,200,000;
Virginia Beach, Virginia (Reimbursement), $925,000;
Virginia 
Beach, 
Virginia 
(Hurricane 
Protection),
$13,000,000;
West Virginia and Pennsylvania Flood Control, West
Virginia and Pennsylvania, $3,000,000;
Hatfield Bottom (Levisa and Tug Forks of the Big Sandy
River and Upper Cumberland River), West Virginia, $1,000,000;
Lower Mingo (Kermit) (Levisa and Tug Forks of the Big
Sandy River and Upper Cumberland River), West Virginia,
$6,300,000;
Lower Mingo, West Virginia, Tributaries Supplement,
$150,000;
Upper Mingo County (Levisa and Tug Forks of the Big
Sandy River and Upper Cumberland River), West Virginia,
$3,000,000;
Levisa Basin Flood Warning System (Levisa and Tug Forks
of the Big Sandy River and Upper Cumberland River),
Kentucky and Virginia, $400,000;
Tug Fork Basin Flood Warning System (Levisa and Tug
Forks of the Big Sandy River and Upper Cumberland River),
West Virginia, $400,000; and
H. R. 2203—4
Wayne County (Levisa and Tug Forks of the Big Sandy
River and Upper Cumberland River), West Virginia, $1,200,000:
Provided, That the Secretary of the Army, acting through the Chief
of Engineers, is directed to proceed with design and construction
of the Southeast Louisiana, Louisiana, project and to award continu-
ing contracts, which are not to be considered fully funded, beginning
in fiscal year 1998 consistent with the limit of the authorized
appropriation ceiling: Provided further, That the Secretary of the
Army, acting through the Chief of Engineers, is directed to use
$225,000 of funds provided herein to construct necessary repairs
to the flume and conduit for flood control at the Hagerman’s Run,
Williamsport, Pennsylvania, flood control project: Provided further,
That the Secretary of the Army is directed to incorporate the
economic analyses for the Green Ridge and Plot sections of the
Lackawanna River, Scranton, Pennsylvania, project with the eco-
nomic analysis for the Albright Street section of the project, and
to cost-share and implement these combined sections as a single
project with no separable elements, except that each section may
be undertaken individually when the non-Federal sponsor provides
the applicable local cooperation requirements: Provided further,
That section 114 of Public Law 101–101, the Energy and Water
Development Appropriations Act, 1990, is amended by striking
‘‘total cost of $19,600,000’’ and inserting ‘‘total cost of $40,000,000’’:
Provided further, That the Secretary of the Army, acting through
the Chief of Engineers, is authorized and directed to combine the
Wilmington Harbor—Northeast Cape Fear River, North Carolina,
project authorized in section 202(a) of the Water Resources Develop-
ment Act of 1986, the Wilmington Harbor, Channel Widening, North
Carolina, project authorized in section 101(a)(23) of the Water
Resources Development Act of 1996, and the Cape Fear—Northeast
(Cape Fear) Rivers, North Carolina, project authorized in section
101(a)(22) of the Water Resources Development Act of 1996 into
a single project with one Project Cooperation Agreement based
on cost sharing as a single project: Provided further, That the
Secretary of the Army, acting through the Chief of Engineers,
is directed to use $20,000,000 of the funds appropriated herein
to initiate construction of the Houston-Galveston Navigation Chan-
nels, Texas, project and execute a Project Cooperation Agreement
for the entire project authorized in the Water Resources Develop-
ment Act of 1996, Public Law 104–303: Provided further, That
the Secretary of the Army, acting through the Chief of Engineers,
may use up to $5,000,000 of the funding appropriated herein to
initiate construction of an emergency outlet from Devils Lake, North
Dakota, to the Sheyenne River, and that this amount is designated
by Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Con-
trol Act of 1985 (2 U.S.C. 901(b)(2)(D)(i)); except that funds shall
not become available unless the Secretary of the Army determines
that an emergency (as defined in section 102 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5122)) exists with respect to the emergency need for the outlet
and reports to Congress that the construction is technically sound,
economically justified, and environmentally acceptable and in
compliance with the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.): Provided further, That the economic jus-
tification for the emergency outlet shall be prepared in accordance
with the principles and guidelines for economic evaluation as
H. R. 2203—5
required by regulations and procedures of the Army Corps of
Engineers for all flood control projects, and that the economic
justification be fully described, including the analysis of the benefits
and costs, in the project plan documents: Provided further, That
the plans for the emergency outlet shall be reviewed and, to be
effective, shall contain assurances provided by the Secretary of
State, after consultation with the International Joint Commission,
that the project will not violate the requirements or intent of
the Treaty Between the United States and Great Britain Relating
to Boundary Waters Between the United States and Canada, signed
at Washington January 11, 1909 (36 Stat. 2448; TS 548) (commonly
known as the ‘‘Boundary Waters Treaty of 1909’’): Provided further,
That the Secretary of the Army shall submit the final plans and
other documents for the emergency outlet to Congress: Provided
further, That no funds made available under this Act or any other
Act for any fiscal year may be used by the Secretary of the Army
to carry out the portion of the feasibility study of the Devils Lake
Basin, North Dakota, authorized under the Energy and Water
Development Appropriations Act, 1993 (Public Law 102–377), that
addresses the needs of the area for stabilized lake levels through
inlet controls, or to otherwise study any facility or carry out any
activity that would permit the transfer of water from the Missouri
River Basin into Devils Lake: Provided further, That the entire
amount of $5,000,000 shall be available only to the extent an
official budget request, that includes the designation of the entire
amount of the request as an emergency requirement as defined
by the Balanced Budget and Emergency Deficit Control Act of
1985, as amended, is transmitted by the President to the Congress:
Provided further, That the Secretary of the Army is directed to
use $2,000,000 of the funds appropriated herein to implement sec-
tion 211(f)(6) of Public Law 104–303 (110 Stat. 3683) and to
reimburse the non-Federal sponsor a portion of the Federal share
of project construction costs for the flood control components
comprising the Brays Bayou element of the project for flood control,
Buffalo Bayou and tributaries, Texas.
FLOOD
CONTROL, MISSISSIPPI
RIVER
AND
TRIBUTARIES, ARKANSAS,
ILLINOIS, 
KENTUCKY, 
LOUISIANA, 
MISSISSIPPI, 
MISSOURI, 
AND
TENNESSEE
For expenses necessary for prosecuting work of flood control,
and rescue work, repair, restoration, or maintenance of flood control
projects threatened or destroyed by flood, as authorized by law
(33 U.S.C. 702a, 702g–1), $296,212,000, to remain available until
expended: Provided, That notwithstanding the funding limitations
set forth in Public Law 104–6 (109 Stat. 85), the Secretary of
the Army, acting through the Chief of Engineers, is authorized
and directed to use additional funds appropriated herein or pre-
viously appropriated to complete remedial measures to prevent
slope instability at Hickman Bluff, Kentucky: Provided further,
That, using funds appropriated in this Act, the Secretary of the
Army may construct the Ten and Fifteen Mile Bayou channel
enlargement as an integral part of the work accomplished on the
St. Francis Basin, Arkansas and Missouri Project, authorized by
the Flood Control Act of 1950: Provided further, That the Secretary
of the Army, acting through the Chief of Engineers, is directed
to use up to $4,000,000, including the $1,900,000 appropriated
herein, to dredge Sardis Lake, Mississippi, at 100 percent Federal
H. R. 2203—6
cost, so that the City of Sardis, Mississippi, may proceed with
its development of the valuable resources of Sardis Lake in
Mississippi, consistent with language provided in House Report
104–679, accompanying the Fiscal Year 1997 Energy and Water
Development Appropriations Act (Public Law 104–206): Provided
further, That within available funds, the Secretary of the Army,
acting through the Chief of Engineers, is directed to conduct, at
100 percent Federal cost, the necessary Environmental Assessment
and Impact Studies for the initial components of Sardis Lake devel-
opment as provided in the Sardis Lake Recreation and Tourism
Master Plan, Phase II.
OPERATION AND MAINTENANCE, GENERAL
For expenses necessary for the preservation, operation, mainte-
nance, and care of existing river and harbor, flood control, and
related works, including such sums as may be necessary for the
maintenance of harbor channels provided by a State, municipality
or other public agency, outside of harbor lines, and serving essential
needs of general commerce and navigation; surveys and charting
of northern and northwestern lakes and connecting waters; clearing
and straightening channels; and removal of obstructions to naviga-
tion, $1,740,025,000, to remain available until expended, of which
such sums as become available in the Harbor Maintenance Trust
Fund, pursuant to Public Law 99–662, may be derived from that
Fund, and of which such sums as become available from the special
account established by the Land and Water Conservation Act of
1965, as amended (16 U.S.C. 460l), may be derived from that
Fund for construction, operation, and maintenance of outdoor recre-
ation facilities, and of which funds are provided for the following
projects in the amounts specified:
Anclote River, Florida, $1,500,000;
Beverly Shores, Indiana, $1,700,000;
Boston Harbor, Massachusetts, $16,500,000;
Flint River, Michigan, $875,000; and
Raystown Lake, Pennsylvania, $4,690,000:
Provided, That the Secretary of the Army, acting through the Chief
of Engineers, is directed to use funds appropriated in Public Law
104–206 to reimburse the local sponsor of the Fort Myers Beach,
Florida, project for the maintenance dredging performed by the
local sponsor to open the authorized channel to navigation in fiscal
year 1996: Provided further, That no funds, whether appropriated,
contributed, or otherwise provided, shall be available to the United
States Army Corps of Engineers for the purpose of acquiring land
in Jasper County, South Carolina, in connection with the Savannah
Harbor navigation project: Provided further, That the Secretary
of the Army, acting through the Chief of Engineers, is authorized
and directed to dredge a navigational channel in the Chena River
at Fairbanks, Alaska, from its confluence with the Tanana River
upstream to the University Road Bridge that will allow the safe
passage during normal water levels of vessels up to 350 feet in
length, 60 feet in width, and drafting up to 3 feet: Provided further,
That using $6,000,000 of funds appropriated herein, the Secretary
of the Army is directed to extend the navigation channel on the
Allegheny River, Pennsylvania, project to provide passenger boat
access to the Kittanning, Pennsylvania, Riverfront Park: Provided
further, That the Secretary of the Army, acting through the Chief
of Engineers, is directed to use $2,500,000 of the funds provided
H. R. 2203—7
herein to implement measures upstream of Lake Cumberland,
Kentucky, to intercept and dispose of solid waste.
REGULATORY PROGRAM
For expenses necessary for administration of laws pertaining
to regulation of navigable waters and wetlands, $106,000,000, to
remain available until expended.
FLOOD CONTROL AND COASTAL EMERGENCIES
For expenses necessary for emergency flood control, hurricane,
and shore protection activities, as authorized by section 5 of the
Flood Control Act approved August 18, 1941, as amended,
$4,000,000, to remain available until expended.
FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM
(INCLUDING TRANSFER OF FUNDS)
For expenses necessary to administer and execute the Formerly
Utilized Sites Remedial Action Program to clean up contaminated
sites throughout the United States where work was performed
as part of the Nation’s early atomic energy program, $140,000,000,
to remain available until expended: Provided, That the unexpended
balances of prior appropriations provided for these activities in
this Act or any previous Energy and Water Development Appropria-
tions Act may be transferred to and merged with this appropriation
account, and thereafter, may be accounted for as one fund for
the same time period as originally enacted.
GENERAL EXPENSES
For expenses necessary for general administration and related
functions in the Office of the Chief of Engineers and offices of
the Division Engineers; activities of the Coastal Engineering
Research Board, the Humphreys Engineer Center Support Activity,
the Engineering Strategic Studies Center, the Water Resources
Support Center, and the USACE Finance Center; and for costs
of implementing the Secretary of the Army’s plan to reduce the
number of division offices as directed in title I, Public Law 104–
206, $148,000,000, to remain available until expended: Provided,
That no part of any other appropriation provided in title I of
this Act shall be available to fund the activities of the Office
of the Chief of Engineers or the executive direction and management
activities of the division offices.
REVOLVING FUND
Amounts in the Revolving Fund may be used to construct
a 17,000 square foot addition to the United States Army Corps
of Engineers Alaska District main office building on Elemendorf
Air Force Base. The Revolving Fund shall be reimbursed for such
funding from the benefitting appropriations by collection each year
of user fees sufficient to repay the capitalized cost of the asset
and to operate and maintain the asset.
H. R. 2203—8
ADMINISTRATIVE PROVISION
Appropriations in this title shall be available for official recep-
tion and representation expenses (not to exceed $5,000); and during
the current fiscal year the Revolving Fund, Corps of Engineers,
shall be available for purchase (not to exceed 100 for replacement
only) and hire of passenger motor vehicles.
GENERAL PROVISIONS
CORPS OF ENGINEERS—CIVIL
SEC. 101. In fiscal year 1998, the Secretary of the Army is
authorized and directed to provide planning, design and construc-
tion assistance to non-Federal interests in carrying out water-
related environmental infrastructure and environmental resources
development projects in Alaska, including assistance for wastewater
treatment and related facilities; water supply, storage, treatment
and distribution facilities; and development, restoration or improve-
ment of wetlands and other aquatic areas for the purpose of
protection or development of surface water resources: Provided,
That the non-Federal interest shall enter into a binding agreement
with the Secretary wherein the non-Federal interest will provide
all lands, easements, rights-of-way, relocations, and dredge material
disposal areas required for the project, and pay 50 per centum
of the costs of required feasibility studies, 25 per centum of the
costs of designing and constructing the project, and 100 per centum
of the costs of operation, maintenance, repair, replacement or
rehabilitation of the project: Provided further, That the value of
lands, easements, rights-of-way, relocations and dredged material
disposal areas provided by the non-Federal interest shall be credited
toward the non-Federal share, not to exceed 25 per centum, of
the costs of designing and constructing the project: Provided further,
That utilizing $5,000,000 of the funds appropriated herein, the
Secretary is directed to carry out this section.
GREEN BROOK SUB-BASIN FLOOD CONTROL PROJECT, NEW JERSEY
SEC. 102. No funds made available under this Act or any
other Act for any fiscal year may be used by the Secretary of
the Army to construct the Oak Way detention structure or the
Sky Top detention structure in Berkeley Heights, New Jersey, as
part of the project for flood control, Green Brook Sub-Basin, Raritan
River Basin, New Jersey, authorized by section 401(a) of the Water
Resources Development Act of 1986 (Public Law 99–662; 100 Stat.
4119).
TITLE II
DEPARTMENT OF THE INTERIOR
CENTRAL UTAH PROJECT
CENTRAL UTAH PROJECT COMPLETION ACCOUNT
For carrying out activities authorized by the Central Utah
Project Completion Act, and for activities related to the Uintah
and Upalco Units authorized by 43 U.S.C. 620, $40,353,000, to
H. R. 2203—9
remain available until expended, of which $16,610,000 shall be
deposited into the Utah Reclamation Mitigation and Conservation
Account: Provided, That of the amounts deposited into that account,
$5,000,000 shall be considered the Federal contribution authorized
by paragraph 402(b)(2) of the Central Utah Project Completion
Act and $11,610,000 shall be available to the Utah Reclamation
Mitigation and Conservation Commission to carry out activities
authorized under that Act.
In addition, for necessary expenses incurred in carrying out
related responsibilities of the Secretary of the Interior, $800,000,
to remain available until expended.
BUREAU OF RECLAMATION
For carrying out the functions of the Bureau of Reclamation
as provided in the Federal reclamation laws (Act of June 17, 1902,
32 Stat. 388, and Acts amendatory thereof or supplementary there-
to) and other Acts applicable to that Bureau as follows:
WATER AND RELATED RESOURCES
(INCLUDING TRANSFER OF FUNDS)
For management, development, and restoration of water and
related natural resources and for related activities, including the
operation, maintenance and rehabilitation of reclamation and other
facilities, participation in fulfilling related Federal responsibilities
to Native Americans, and related grants to, and cooperative and
other agreements with, State and local governments, Indian tribes,
and others, $694,348,000, to remain available until expended, of
which $18,758,000 shall be available for transfer to the Upper
Colorado River Basin Fund and $56,442,000 shall be available
for transfer to the Lower Colorado River Basin Development Fund,
and of which such amounts as may be necessary may be advanced
to the Colorado River Dam Fund: Provided, That such transfers
may be increased or decreased within the overall appropriation
under this heading: Provided further, That of the total appropriated,
the amount for program activities that can be financed by the
Reclamation Fund or the Bureau of Reclamation special fee account
established by 16 U.S.C. 460l–6a(i) shall be derived from that
Fund or account: Provided further, That funds contributed under
43 U.S.C. 395 are available until expended for the purposes for
which contributed: Provided further, That funds advanced under
43 U.S.C. 397a shall be credited to this account and are available
until expended for the same purposes as the sums appropriated
under this heading: Provided further, That any amounts provided
for the safety of dams modification work at Coolidge Dam, San
Carlos Irrigation Project, Arizona, are in addition to the amount
authorized in 43 U.S.C. 509: Provided further, That using $500,000
of funds appropriated herein, the Secretary of the Interior shall
undertake a non-reimbursable project to install drains in the Pena
Blanca area of New Mexico to prevent seepage from Cochiti Dam:
Provided further, That funds available for expenditure for the
Departmental Irrigation Drainage Program may be expended by
the Bureau of Reclamation for site remediation on a non-reimburs-
able basis: Provided further, That the amount authorized for Indian
municipal, rural, and industrial water features by section 10 of
Public Law 89–108, as amended by section 8 of Public Law 99–