IB
104TH CONGRESS
1ST SESSION
H. R. 1905
IN THE HOUSE OF REPRESENTATIVES
AUGUST 1, 1995
Ordered to be printed with the amendments of the Senate numbered
AN ACT
Making appropriations for energy and water development
for the fiscal year ending September 30, 1996, and for
other purposes.
Be it enacted by the Senate and House of Representa-
tives 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, 1996, 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 super-
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vision of the Chief of Engineers for authorized civil func-
tions of the Department of the Army pertaining to rivers
and harbors, flood control, beach erosion, and related pur-
poses.
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, miscellaneous investigations, and,
when authorized by laws, surveys and detailed studies and
plans and specifications of projects prior to construction,
Ω1æ$129,906,000 $126,323,000, to remain available until
expended, of which funds are provided for the following
projects in the amounts specified:
Ω2æNorco Bluffs, California, $375,000;
Indianapolis
Central
Waterfront,
Indiana,
$2,000,000;
Ohio River Greenway, Indiana, $1,000,000; and
Mussers Dam, Middle Creek, Snyder County,
Pennsylvania, $300,000
Norco Bluffs, California, $375,000;
Indianapolis 
Central 
Waterfront, 
Indiana,
$1,000,000;
Kentucky Lock and Dam, Kentucky, $2,500,000;
and
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West Virginia Port Development, West Virginia,
$300,000.
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 participa-
tion 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 con-
stitute a commitment of the Government to construction),
Ω3æ$807,846,000 $778,456,000, 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 con-
struction and rehabilitation of inland waterways projects,
including rehabilitation costs for the Lock and Dam 25,
Mississippi River, Illinois and Missouri, Lock and Dam
14, Mississippi River, Iowa, Lock and Dam 24, Mississippi
River, Illinois and Missouri, and GIWW-Brazos River
Floodgates, Texas, projects, and of which funds are pro-
vided for the following projects in the amounts specified:
Ω4æRed River Emergency Bank Protection, Ar-
kansas and Louisiana, $6,600,000;
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Sacramento
River
Flood
Control
Project
(Glenn-Colusa
Irrigation
District),
California,
$300,000;
San
Timoteo
Creek
(Santa
Ana
River
Mainstem), California, $5,000,000;
Indiana
Shoreline
Erosion,
Indiana,
$1,500,000;
Harlan (Levisa and Tug Forks of the Big
Sandy River and Upper Cumberland River), Ken-
tucky, $12,000,000;
Williamsburg (Levisa and Tug Forks of the Big
Sandy River and Upper Cumberland River), Ken-
tucky, $4,100,000;
Middlesboro (Levisa and Tug Forks of the Big
Sandy River and Upper Cumberland River), Ken-
tucky, $1,600,000;
Salyersville, Kentucky, $500,000;
Lake Pontchartrain and Vicinity (Hurricane
Protection), Louisiana, $11,848,000;
Red River below Denison Dam Levee and Bank
Stabilization,
Louisiana,
Arkansas,
and
Texas,
$3,800,000;
Broad Top Region, Pennsylvania, $4,100,000;
Glen Foerd, Pennsylvania, $200,000; and
Wallisville Lake, Texas, $5,000,000
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Homer Spit, Alaska, repair and extend project,
$3,800,000;
McClellan-Kerr Arkansas River Navigation Sys-
tem, Arkansas, $6,000,000: Provided, That $4,900,000
of such amount shall be used for activities relating to
Montgomery Point Lock and Dam, Arkansas;
Red River Emergency Bank Protection, Arkan-
sas and Louisiana, $6,600,000;
Sacramento River Flood Control Project (Glenn-
Colusa Irrigation District), California, $300,000;
Arkansas City flood control project, Kansas,
$700,000, except that for the purposes of the project,
section 902 of Public Law 99–662 is waived;
Winfield, Kansas, $670,000;
Harlan (Levisa and Tug Forks of the Big Sandy
River and Upper Cumberland River), Kentucky,
$12,000,000;
Williamsburg (Levisa and Tug Forks of the Big
Sandy River and Upper Cumberland River), Ken-
tucky, $4,100,000;
Middlesboro (Lesiva and Tug Forks of the Big
Sandy River and Upper Cumberland River), Ken-
tucky, $1,600,000;
Salyersville, Kentucky, $500,000;
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Lake Pontchartrain and Vicinity (Hurricane
Protection), Louisiana, $11,838,000;
Ouachita River Levees, Louisiana, $2,300,000;
Red River below Denison Dam Levee and Bank
Stabilization, 
Louisiana, 
Arkansas, 
and 
Texas,
$2,000,000;
Roughans Point, Massachusetts, $710,000;
Marshall, Minnesota, $850,000;
Ste. Genevieve, Missouri, $1,000,000;
Broad Top Region, Pennsylvania, $2,000,000;
Glen Foerd, Pennsylvania, $200,000;
Wallisville Lake, Texas, $5,000,000;
Virginia Beach Erosion Control and Hurricane
Protection, Virginia, $1,100,000;
Hatfield Bottom (Levisa and Tug Forks of the
Big Sandy River and Upper Cumberland River),
West Virginia, $200,000; and
Upper Mingo (Levisa and Tug Forks of the Big
Sandy River and Upper Cumberland River, West
Virginia, $2,000,000: Provided, That the Secretary of
the Army, acting through the Chief of Engineers, shall
transfer $1,120,000 of the Construction, General funds
appropriated in this Act to the Secretary of the Inte-
rior and the Secretary of the Interior shall accept and
expend such funds for performing operation and
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OIL SPILL RESEARCH
For expenses necessary to carry out the purposes of
the Oil Spill Liability Trust Fund, pursuant to Title VII
of the Oil Pollution Act of 1990, $850,000, to be derived
from the Fund and to remain available until expended.
GENERAL EXPENSES
For expenses necessary for general administration
and related functions in the Office of the Chief of Engi-
neers and offices of the Division Engineers; activities of
the Coastal Engineering Research Board, the Humphreys
Engineer Center Support Activity, the Engineering Stra-
tegic Studies Center, and the Water Resources Support
Center, Ω8æ$150,000,000 $153,000,000, to remain avail-
able until expended: Provided, Ω9æThat not to exceed
$60,000,000 of the funds provided in this Act shall be
available for general administration and related functions
in the Office of the Chief of Engineers: Provided further,
That no part of any other appropriation provided in title
I of this Act shall be available to fund the activities of
the Office of the Chief of Engineers or the executive direc-
tion and management activities of the Division Offices:
Provided further, That with funds provided herein and not-
withstanding any other provision of law, the Secretary of
the Army shall develop and submit to the Congress
Ω10æ(including the Committee on Environment and Public
Works of the Senate and the Committee on Transportation
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cost of a well equipped contractor doing the work or to re-
spond to emergency requirements.
(c) None of the funds appropriated herein or otherwise
made available to the Army Corps of Engineers, including
amounts contained in the Revolving Fund of the Army
Corps of Engineers, may be used to study, design or under-
take improvements or major repair of the Federal vessel,
McFARLAND, except for normal maintenance and repair
necessary to maintain the vessel McFARLAND’s current
operational condition.
(d) If any of the four Corps of Engineers hopper
dredges is removed from normal service for repair or reha-
bilitation and such repair prevents the dredge from accom-
plishing its volume of work regularly carried out in each
of the past three years, the Corps of Engineers shall reduce
the 7,500,000 cubic yards of hopper dredge volume con-
tained in subsection (a) of this section by the proportional
amount of work which had been allocated to such dredge
over the past three fiscal years in calculating the reduction
in Corps dredging work required to implement subsection
(a).
SEC. 102. (a) SAND AND STONE CAP IN NAVIGATION
PROJECT
AT MANISTIQUE HARBOR, MICHIGAN.—The
project for navigation, Manistique Harbor, Schoolcraft
County, Michigan, authorized by the first section of the
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Act entitled ‘‘An Act making appropriations for the con-
struction, repair, and preservation of certain public works
on rivers and harbors, and for other purposes’’, approved
March 3, 1905 (33 Stat. 1136), is modified to permit in-
stallation of a sand and stone cap over sediments affected
by polychlorinated biphenyls in accordance with an admin-
istrative order of the Environmental Protection Agency.
(b) PROJECT DEPTH.—
(1) IN GENERAL.—Except as provided in para-
graph (2), the project described in subsection (a) is
modified to provide for an authorized depth of 18
feet.
(2) EXCEPTION.—The authorized depth shall be
12.5 feet in the areas where the sand and stone cap
described in subsection (a) will be placed within the
following coordinates: 4220N–2800E to 4220N–
3110E to 3980N–3260E to 3190N–3040E to
2960N–2560E to 3150N–2300E to 3680N–2510E
to 3820N–2690E and back to 4220N–2800E.
(c) HARBOR OF REFUGE.—The project described in
subsection (a), including the breakwalls, pier, and author-
ized depth of the project (as modified by subsection (b)),
shall continue to be maintained as a harbor of refuge.
Ω12æSEC. 103. None of the funds appropriated herein
or otherwise available to the Army Corps of Engineers, may
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be used to assist, guide, coordinate, administer; prepare for
occupancy of; or acquire furnishings for or in preparation
of a movement to the Southeast Federal Center.
Ω13æSEC. 104. The project for flood control for Peters-
burg, West Virginia, authorized by section 101(a)(26) of the
Water Resources Development Act of 1990 (P.L. 101–640,
104 Stat. 4611) is modified to authorize the Secretary of
the Army to construct the project at a total cost not to ex-
ceed $26,600,000, with an estimated first Federal cost of
$19,195,000 and an estimated first non-Federal cost of
$7,405,000.
Ω14æSEC. 105. (a) The Secretary of the Army is au-
thorized to accept from a non-Federal sponsor an amount
of additional lands not to exceed 300 acres which are contig-
uous to the Cooper Lake and Channels Project, Texas, au-
thorized by the River and Harbor Act of 1965 and the
Water Resources Development Act of 1986, and which pro-
vide habitat value at least equal to that provided by the
lands authorized to be redesignated in subsection (b).
(b) Upon the completion of subsection (a), the Sec-
retary is further authorized to redesignate an amount of
mitigation land not to exceed 300 acres to recreation pur-
poses.
(c) The cost of all work to be undertaken pursuant to
this section, including but not limited to real estate ap-
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praisals, cultural and environmental surveys, and all devel-
opment necessary to avoid net mitigation losses, to the ex-
tent such actions are required, shall be borne by the donat-
ing sponsor.
Ω15æSEC. 106. WATER
LEVEL
IN
LAKE
TRA-
VERSE, SOUTH DAKOTA AND MINNESOTA.
(a) IN GENERAL.—Subject to subsection (b), notwith-
standing any other law, the Secretary of the Army, acting
through the Chief of Engineers of the Army Corps of Engi-
neers and using funds made available under this Act, shall,
to the greatest extent practicable, take such actions as are
necessary to obtain and maintain an elevation of 977 feet
above sea level in Lake Traverse, South Dakota and Min-
nesota.
(b) LIMITATION.—No action taken under subsection
(a) shall result in flooding at Mud Lake, South Dakota and
Minnesota.
Ω16æSEC. 107. Using funds appropriated herein the
Secretary of the Army, acting through the Chief of Engi-
neers, is authorized to undertake the Coos Bay, Oregon
project in accordance with the Report of the Chief of Engi-
neers, dated June 30, 1994, at a total cost of $14,541,000,
with an estimated Federal cost of $10,777,000 and an esti-
mated non-Federal cost of $3,764,000.
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TITLE II
DEPARTMENT OF THE INTERIOR
CENTRAL UTAH PROJECT
CENTRAL UTAH PROJECT COMPLETION ACCOUNT
For the purpose of carrying out provisions of the
Central Utah Project Completion Act, Public Law 102–
575 (106 Stat. 4605), and for feasibility studies of alter-
natives to the Uintah and Upalco Units, $42,893,000, to
remain available until expended, of which $23,503,000
shall be deposited into the Utah Reclamation Mitigation
and Conservation Account: Provided, That of the amounts
deposited into the Account, $5,000,000 shall be considered
the Federal Contribution authorized by paragraph
402(b)(2) of the Act and $18,503,000 shall be available
to the Utah Reclamation Mitigation and Conservation
Commission to carry out activities authorized under the
Act.
In addition, for necessary expenses incurred in carry-
ing out responsibilities of the Secretary of the Interior
under the Act, $1,246,000, to remain available until ex-
pended.
BUREAU OF RECLAMATION
For carrying out the functions of the Bureau of Rec-
lamation as provided in the Federal reclamation laws (Act
of June 17, 1902, 32 Stat. 388, and Acts amendatory