Water Resources Development Act of 1988
PL 100-676 (S.2100), enacted 11/17/1988

102 STAT. 4012 
PUBLIC LAW 100-676—NOV. 17, 1988 
Public Law 100-676 
100th Congress 
An Act 
°^'—' 
To provide for the conservation and development of water and related resources, to 
[S. 2100] 
authorize the United States Army Corps of Engineers 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 Representatives of the 
Water Resources 
United States of America in Congress assembled. 
Development 
Act of 1988. 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
33 use 2201 
(a) SHORT TITLE.—This Act may be cited as the "Water Resources 
note. 
Development Act of 1988". 
(b) TABLE OF CONTENTS.— 
Sec. 1. Short title; table of contents. 
Sec. 2. Secretary defined. 
Sec. 3. Project authorizations. 
Sec. 4. Project modifications. 
Sec. 5. Comments on certain changes in operations of reservoirs. 
Sec. 6. Operation of certain projects to enhance recreation. 
Sec. 7. Collaborative research and development. 
Sec. 8. Innovative technology. 
Sec. 9. Technical assistance demonstration program. 
Sec. 10. Periodic statements. 
Sec. 11. Simulation model of South Central Florida hydrologic ecosystem. 
Sec. 12. Section 215 reimbursement limitation per project. 
Sec. 13. Additional 10 percent payment over 30 years for construction of harbors. 
Sec. 14. Compliance with flood plain management and insurance programs. 
Sec. 15. Federal repayment district. 
Sec. 16. Abandoned and wrecked vessels. 
Sec. 17. Flood warning and response system. 
Sec. 18. Small boat harbor, Buffalo Harbor, New York. 
Sec. 19. Lakeport Lake, California. 
Sec. 20. Sacramento, California. 
Sec. 21. Mississippi River headwaters reservoirs. 
Sec. 22. Hearding Island inlet, Duluth Harbor, Minnesota. 
Sec. 23. Louisiana water supply. 
Sec. 24. Contained spoil disposal facilities in the Great Lakes and their connecting 
channels. 
Sec. 25. South pier to Charlevoix Harbor, Charlevoix, Michigan. 
Sec. 26. Coyote and Berryessa Creeks, California. 
Sec. 27. Land conveyance, Whittier Narrows Dam, Los Angeles County, California. 
Sec. 28. Land conveyance, Ottawa, Illinois. 
Sec. 29. Land transfer in Whitman County, Washington. 
Sec. 30. Lesage/Greenbottom Swamp, West Virginia. 
Sec. 31. Portuguese and Bucana Rivers, Puerto Rico. 
Sec. 32. Alternatives to mud dump for disposal of dredged material. 
Sec. 33. Missouri River between Fort Peck Dam, Montiana, and Gavins Point Dam, 
South Dakota and Nebraska. 
Sec. 34. New York Harbor drift removal project. 
Sec. 35. Placement of dredged beach quality sand on beaches. 
Sec. 36. Restoration, Ventura to Pierpont Beach, C^ifin-nia. 
Sec. 37. William G. Stone lock tolls. 
Sec. 38. Declaration of nonnavigability for portions of the Delaware River. 
Sec. 39. Declaration of nonnavigability for portions of Coney Island Creek and 
Gravesend Bay, New York. 
Sec. 40. Extension of modified water delivery schedules. Everglades National Park. 
Sec. 41. Period of environmental demonstration program. 
Sec. 42. Federal hydroelectric power modernization study. 
Sec. 43. Water quality effects of hydroelectric facilities. 
Sec. 44. GAO review of civil works program. 
Sec. 45. Des Plaines River wetlands demonstration project authorization. 
PUBLIC LAW 100-676-NOV. 17,1988 
102 STAT. 4013 
Sec. 46. Kiammmee River, Florida. 
Sec 47. Water resources studies. 
Sec. 48. Division laboratory. 
Sec 49. Water resources management planning service for the Hudson River Basin. 
Sec 50. Technical resource service. Red River Basin, Minnesota and North Dakota. 
Sec 51. Correction of descriptions. 
Sec. 52. Project deauthorizations. 
Sec 53. Namings. 
Sec 54. Declaration of nonnavigability of bodies of water in lUdgefield, New Jersey. 
SEC 2. SECRETARY DEFINED. 
33 USC 2201 
For purposes of this Act, the term "Secretary" means the Sec-
retary of the Army. 
SEC. 3. PROJECT AUTHORIZATIONS. 
(a) AUTHORIZATION OF CONSTRUCTION.—^Ebccept as otherwise pro-
vided in this subsection, the following projects for water resources 
development and conservation and other purposes are authorized to 
be carried out by the Secretary substantially in accordance with the 
plans and subject to the conditions recommended in the respective 
reports designated in this subsection: 
(1) LOWER MISSION CREEK, SANTA BARBARA, CALIFORNIA.—^The 
project for flood control. Lower Mission Creek, Santa Barbara, 
CaUfomia: Report of the Chief of Engineers, dated March 25, 
1988, at a total cost of $10,420,000, with an estimated fu^t 
Federal cost of $5,909,000, and an estimated first non-Federal 
cost of $4,511,000. 
(2) FT. FIERCE HARBOR, FLORIDA.—^The project for navigation. 
Ft. Pierce Harbor, Florida: Report of the Chief of Engineers, 
dated December 14. 1987, at a total cost of $6,742,000, with an 
estimated first Federal cost of $4,319,000, and an estimated first 
non-Federal cost of $2,423,000. 
(3) NASSAU COUNTY, FLORIDA.—^The project for beach erosion 
control, Nassau County (Amelia Island), Florida: Report of the 
Chief of EIngineers, dated May 19, 1986, at a total cost of 
$5,753,000, with an estimated first Federal cost of $4,619,000, 
and an estimated first non-Federal cost of $1,134,000. 
(4) PORT SUTTON CHANNEL, FLORIDA.—^The project for naviga-
tion. Port Sutton Channel, Florida: Report of the Chief of 
En^eers, dated March 28, 1988, at a total cost of $2,670,000, 
witii an estimated first Federal cost of $1,155,000, and an esti-
mated first non-Federal cost of $1,515,000; except that construc-
tion of such project may not be initiated until the Secretary 
determines that such project serves more than one beneficiary. 
(5) CmCAGOLAND UNDERFLOW PLAN, ILLINOIS.—The project 
for flood control, Chicagoland Underflow Plan, Illinois: Report 
of the Chief of Engineers, dated March 25, 1988, at a total 
cost of $419,000,000, with an estimated first Federal cost of 
$314,250,000, and an estimated first non-Federal cost of 
$104,750,000. 
(6) LOWER omo RIVER, ILLINOIS AND KENTUCKY.—^The project 
for navigation. Lower Ohio River, Locks and Dams 52 and 53. 
Illinois and Kentucky: Report of the Chief of Engineers, dated 
August 20, 1986. at a total cost of $775,000,000, with a first 
Federal cost of $775,000,000, and with tile costs of construction 
of the project to be paid one-half from amounts appropriated 
from the general fund of the Treasury and one-half from 
amounts appropriated from the Inland Waterways Trust Fund. 
102 STAT. 4014 
PUBLIC LAW 100-676—NOV. 17, 1988 
(7) HAZARD, KENTUCKY.—The project for flood control. Hazard, 
Kentucky: Report of the Chief of Engineers, dated October 30, 
1986, at a total cost of $7,450,000, with an estimated first 
Federal cost of $5,590,000 and an estimated first non-Federal 
cost of $1,860,000. 
(8) MISSISSIPPI AND LOUISIANA ESTUARINE AREAS, MISSISSIPPI 
AND LOUISIANA.—The project foi* environmental enhancement, 
Mississippi and Louisiana Estuarine Areas, Mississippi and Lou-
isiana: Report of the Chief of Engineers, dated May 19, 1986, at 
a total cost of $59,300,000. 
(9) WOLF AND JORDAN RIVERS, MISSISSIPPI.—The project 
for 
navigation, Wolf and Jordan Rivers and Bayou Portage, Mis-
sissippi: Report of the Chief of Engineers, dated June 10, 1987, 
at a total cost of $2,290,000, with an estimated first Federal cost 
of $1,620,000 and an estimated first non-Federal cost of $670,000. 
(10) TRUCKEE MEADOWS, NEVADA.—The project for flood con-
trol, Truckee Meadows, Nevada: Report of the Chief of Engi-
neers, dated July 25,1986, at a total cost of $78,400,000, with an 
estimated first Federal cost of $39,200,000 and an estimated first 
non-Federal cost of $39,200,000; except that the Secretary is 
authorized to carry out fish and wildlife enhancement as a 
purpose of such project, including fish and wildlife enhance-
ment measures described in the District Engineer's Report, 
dated July 1985, at an additional total cost of $4,140,000. 
(11) WEST COLUMBUS, OHIO.—The project for flood control, 
Scioto River, West Columbus, Ohio: Report of the Chief of 
Engineers, dated February 9,1988, at a total cost of $31,562,000, 
with an estimated first Federal cost of $23,671,000, and an 
estimated first non-Federal cost of $7,891,000. 
(12) DELAWARE RIVER, PENNSYLVANIA AND DELAWARE.—The 
project for navigation, Delaware River, Philadelphia 
to 
Wilmington, Pennsylvania and Delaware: Report of the Chief of 
Engineers, dated June 15, 1986, at a total cost of $17,200,000, 
with an estimated first Federal cost of $9,100,000 and an esti-
mated first non-Federal cost of $8,100,000. 
(13) CYPRESS CREEK, TEXAS.—The project for flood control, 
Cjrpress Creek, Texas: Report of the Chief of Engineers, dated 
October 12, 1987, at a total project cost of $114,200,000, with an 
estimated first Federal cost of $84,900,000 and an estimated first 
non-Federal cost of $29,300,000. 
(14) FALFURRIAS, TEXAS.—The project for flood control, 
Falfurrias, Texas: Report of the Chief of Engineers, dated 
March 15,1988, at a total cost of $31,800,000, with an estimated 
first Federal cost of $15,900,000, and an estimated first non-
Federal cost of $15,900,000. 
(15) GUADALUPE RIVER, TEXAS.—The project for navigation, 
Guadalupe River to Victoria, Texas: Report of the Chief of 
Engineers, dated September 1, 1987, at a total cost of 
$23,900,000, with an estimated first Federal cost of $15,100,000, 
and an estimated first non-Federal cost of $8,800,000. 
(16) MCGRATH CREEK, WICHITA FALLS, TEXAS.—The project for 
flood control, McGrath Creek, Wichita Falls, Texas: Report of 
the Chief of Engineers, dated March 25, 1988, at a total cost of 
$9,100,000, with an estimated first Federal cost of $6,800,000 and 
an estimated first non-Federal cost of $2,300,000. 
(b) MAXIMUM COST OF PROJECTS.—Section 902 of the Water Re-
33 use 2280. 
sources Development Act of 1986 (100 Stat. 4183) is amended— 
PUBLIC LAW 100-676—NOV. 17, 1988 
102 STAT. 4015 
(1) by striking out "in this Act, or an amendment made by 
this Act, for a project" and inserting in lieu thereof "with 
respect to a project for water resources development and con-
servation and related purposes authorized to be carried out by 
the Secretary in this Act or in a law enacted after the date of 
the enactment of this Act, including the Water Resources Devel-
opment Act of 1988, or in an amendment made by this Act or 
any later law with respect to such a project"; 
(2) in paragraph (1) by inserting ", in any later law," after "in 
this Act" and by inserting "or any later law" after "by this 
Act"; 
(3) in paragraph (2XA) by inserting "or any later law" after 
"ofthisAct";and 
(4) in paragraph (2XB) by inserting "or any later law" after 
"by this Act". 
SEC. 4. PROJECT MODIFICATIONS. 
(a) BEAVER LAKE, ARKANSAS.— 
(1) AMENDMENTS.—Section 843 of the Water Resources Devel-
opment Act of 1986 (100 Stat. 4176-4177) is amended— 
(A) by inserting "and the Chief of the Soil Conservation 
Service after "the Environmental Protection Agency"; and 
(B) bv inserting "including best management practices," 
before at a total cost". 
(2) CONTINUATION OF PLANNING AND DESIGN.—Using funds 
made available for the Beaver Lake project, Arkansas, pursuant 
to the Energy and Water Development Appropriations Act, 
1989, the Secretary is directed to continue overall planning and 
design for such project, including the development of im-
plementation plans for individual parcels of land within the 
drainage basin which contribute to water quality degradation 
and impairment of water supply uses at Beaver Lake. 
(b) WEST MEMPHIS AND VICINITY, ARKANSAS.—The project for flood 
control, West Memphis and vicinity, Arkansas, authorized by sec-
tion 401(a) of the Water Resources Development Act of 1986 (100 
Stat. 4112) is modified to provide that non-Federal cooperation for 
such project may be provided by levee districts, drainage districts, or 
any unit of a State, county, or local government. 
(c) KING HARBOR, REDONDO BEACH, CALIFORNIA.—Section 809 of 
the Water Resources Development Act of 1986 (100 Stat. 4168) is 
amended by striking out the last sentence and inserting in lieu 
thereof the following: "The non-Federal share of the cost of work 
undertaken pursuant to this section shall be in accordance with title 
I of this Act.*'. 
(d) 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 
of the Water Resources Development Act of 1986 (100 Stat. 4091), is 
modified to provide that, if non-Federal interests carry out any work 
associated with such project which is later recommended by the 
Chief of Engineers and approved by the Secretary, the Secretary 
may credit such non-Federal interests an amount equal to the 
Federal share of the cost of such work, without interest. In analyz-
ing costs and benefits of such project, the Secretary shall consider 
the costs and benefits produced by any work which is carried out 
under the preceding sentence by non-Federal interests and which 
the Secretary determines is compatible with such project. The fea-
Flood control. 
Reports. 
WUdlife. 
102 STAT. 4016 
PUBLIC LAW 100-676—NOV. 17,1988 
sibility report for such project shall mclude consideration and 
evaluation of the following proposed project features: Long Beach 
Main Channel, Channel to Los Angeles Pier 300, Channels to Loa 
Angeles Pier 400, Long Beach Pier "K" Channel, and Los Angeles 
Crude Transshipment Terminal Channel. 
(e) Los ANGELES RIVER, CAUFORNIA.—The Secretary is directed to 
perform maintenance dredging of the existing Federal project at the 
mouth of the Los Angeles River, California, to the authorized depth 
of 20 feet for the purpose of maintaining the flood control basin and 
navigation safety. 
if) SUNSET HARBOR, CALIFORNIA.—The demonstration project at 
Sunset Harbor, California, authorized by section 1119(b) of the 
Water Resources Development Act of 1986 (100 Stat. 4238), is modi-
fied to include wetland restoration as a purpose of such demonstra-
tion project. All costs allocated to such wetland restoration shall be 
paid by non-Federal interests in accordance with section 916 of such 
Act. 
(g) INDIANA SHORELINE EROSION, INDIANA.—The undesignated 
parsigraph of section 501(a) of the Water Resources Development Act 
of 1986 under the heading "INDIANA SHORELINE, INDIANA" (100 Stat. 
4135) is amended by striking out "with an estimated first Federal 
cost of $15,000,000 and an estimated first non-Federal cost of 
$5,000,000." and inserting in lieu thereof "with the Federal share of 
the cost of this project to be determined in accordance with title I of 
this Act.". 
Slffei^SJ* fishing. (h) STUMPY LAKE, LOUISIANA.—The project for mitigation of fish 
and wildlife losses Red River Waterway, Louisiana, authorized by 
section 601(a) of the Water Resources Development Act of 1986 (100 
Stat. 4142), is modified to authorize the Secretary to obtain, on a 
priority basis, up to 300 acres in the area of Stumpy Lake as part of 
such project. Such modification shall not increase the total 
authorization for land acquisition for such project. 
(i) ANNAPOUS HARBOR, MARYLAND.—The project for navigation, 
Annapolis Harbor, Maryland, is modified to authorize and direct the 
Secretary to realign by nonstructural, nondredging measures the 
channel in such project, as determined necessary by the Secretary, 
for the purpose of promoting more efficient mooring operations in 
Annapolis Harbor, 
(j) DEAL ISLAND, MARYLAND.—^The Secretary may pay the remain-
ing cost for the navigation project for Deal Island, Maryland (Lower 
Thorofare), authorised under section 107 of the River and Harbor 
Act of 1960, estimated at $277,000, plus any interest due the 
construction contractor. 
(k) REDWOOD RIVER, MARSHALL, MINNESOTA.—The project for fiood 
control. Redwood River, Marshall, Minnesota, authorized by section 
401(a) of the Water Resources Development Act of 1986 (100 Stat. 
4117), is modified to authorize the Secretary to construct the project 
substantially in accordance with the (general Design Memorandum, 
dated April 1987, at a total cost of $6,900,000, with an estimated first 
Federal cost of $5,000,000 and an estimated first non-Federal cost of 
$1,900,000. 
(1) ROOT RIVER BASIN, MINNESOTA.—The undesignated paragraph 
of section 401(a) of the Water Resources Development Act of 1986 
under the heading "ROOT RIVER BASIN, MINNESOTA (100 Stat. 4117) is 
amended by adding at the end thereof the following new sentence: 
"Nothing in this paragraph precludes the Secretary from canying 
PUBLIC LAW 100-676—NOV. 17,1988 
102 STAT. 4017 
out the project under section 205 of the Flood Control Act of 1948 
(33U.S.C.701S).". 
(m) ROSEAU RTVER, MINNESOTA.—^The project for flood control, 
Roseau River, Minnesota, authorized by the Flood Control Act of 
1965, is modified to authorize and direct the Secretary to construct 
as authorized, or to construct under section 205 of the Flood Control 
Act of 1948 (33 U.S.C. 701s), the 6-mile flood control levee in the 
vicinity of Duxby, Minnesota, beginning at a point approximately 
2 miles upstream, substantially in accordance with the rec-
ommendations of the Chief of Engineers contained in House Docu-
ment Numbered 282, 89th Congress, at an estimated total cost of 
$360,000, and with an estimated first Federal cost of $270,000 and an 
estimated first non-Federal cost of $90,000. In analyzing costs and 
benefits of such project, the Secretary shall consider the costs and 
benefits produced by any work which is carried out under such 
section 205 and which the Secretary determines is compatible with 
such project. 
(n) GuLPPORT HARBOR, MISSISSIPPI.— 
Waste disposal. 
(1) IN GENERAL.—The project for navigation, Gulfport Harbor, 
Mississippi, authorized by section 202(a) of the Water Resources 
Development Act of 1986 (100 Stat. 4094-4095) is modified to 
authorize the Secretary to dispose, in accordance with all provi-
sions of Federal law, of dredged material— 
(A) from construction, operation, and maintenance of 
such project in open waters of the Gulf of Mexico; 
(B) from construction of such project by thin layer dis-
posal in the Mississippi Sound under the demonstration 
program carried out under paragraph (2); 
(C) fix>m operation and maintenance of such project by 
disposal in the Mississippi Sound under a plan developed by 
the Secretary and approved by the Administrator of the 
Elnvironmental Protection Agency if the Secretary, after 
consultation with the study team established under para-
graph (3), determines that the report submitted under para-
graph (2)(H) indicates that there will be no unacceptable 
adverse environmental impacts firom such disposal; and 
(D) fi-om construction, operation, and maintenance of 
such project as fill in connection with a pier extension 
project for such Harbor carried out under a permit issued 
before, on, or after the date of the enactment of this Act 
under section 404 of the Federal Water Pollution Control 
Act. 
(2) DEMONSTRATION PROGRAM.— 
(A) PURPOSES.—During construction of the Gulfport 
Harbor navigation project, the Secretary shall carry out a 
demonstration program for the purpose of evaluating the 
costs and benefits of thin layer disposal in the Mississippi 
Sound of dredged material fi:t>m construction of harbor 
improvements, including any operation and maintenance 
materials that may be removed during construction, and for 
determining whether or not there are unacceptable adverse 
effects from such disposal— 
(i) on human h ^ t h or welfare, including but not 
limited to plankton, fish, shellfish, wildlife, shorelines, 
and beaches; 
(ii) on marine life (including the transfer, concentra-
tion, and dispersal of pollutants or their byproducts 
102 STAT. 4018 
PUBLIC LAW 100-676—NOV. 17, 1988 
through biological, physical, and chemical processes), 
changes in marine ecosystem diversity, productivity, 
and stability, and species and community population 
changes; 
(iii) on esthetic, recreation, and economic values; and 
(iv) on alternative uses of oceans, such as mineral 
exploitation and scientific study. 
In addition, the Secretary shall determine through such 
program the persistence and permanence of any such ad-
verse effects and methods of mitigating any such adverse 
effects. 
(B) PLANNING.—Within 4 months after the date of the 
enactment of the Act, the Secretary, in consultation with 
the study team established under paragraph (3), shall de-
velop a plan for carr5dng out the demonstration program 
under this paragraph. Such plan shall, at a minimum, 
establish predisposal monitoring requirements, thin layer 
disposal locations, the amounts of dredged material nec-
essary for carrjdng out such demonstration program, the 
duration of thin layer disposal under such demonstration 
program, the compatibility of the receiving habitat with 
thin layer dredged material disposal, requirements for 
minimizing demonstration program impacts, the depth of 
thin layer disposal, and the scope of the post disposal 
monitoring. 
(C) LIMITATIONS ON MATERIALS FROM PROJECT.—The Sec-
retary in carrjdng out the demonstration program under 
this paragraph shall use suitable material removed during 
construction of the Gulfport Harbor navigation project. The 
amount of material used shall be of sufficient quantity to 
determine the effects of thin layer disposal in near shore 
areas of (i) dredged materials from construction of harbor 
improvements, and (ii) any materials from operation and 
maintenance of harbor improvements dredged during the 
period of such construction; except that the total amount of 
material to be used shall be limited to the lesser of 3,000,000 
cubic yards of dredged material or the amount determined 
under the plan developed under subparagraph (B). 
(D) CONSULTATION REQUIREMENT.—In conducting the 
demonstration program under this paragraph, the Secre-
tary shall consult the study team established under 
paragraph (3). 
(E) POST DISPOSAL MONITORING.—The demonstration pro-
gram under this paragraph shall include monitoring of the 
near shore areas at which dredged material is disposed of 
under such program during the period determined under 
theplan developed under subparagraph (B). 
(F) APPUCABILTTY OF FEDERAL LAW.—The demonstration 
program under this paragraph shall be carried out in 
accordance with all applicable provisions of Federal law, 
including section 404(c) of the Federal Water Pollution 
Control Act. 
(G) COST SHARING.—The demonstration program carried 
out under this paragraph shall be subject to cost sharing 
under title I of the Water Resources Development Act of 
1986. All costs of such program, other than dredging and 
disposal of dredged material costs, shall not be included for 
PUBLIC LAW 100-676—NOV. 17,1988 
102 STAT. 4019 
purposes of calculating the economic costs and benefits of 
the navigation project for Gulfport Harbor, Mississippi. 
(H) REPORT TO CONGRESS AND EPA.—Within 1 year after 
the date of completion of the demonstration program under 
this paragraph, the Secretary, after consultation with the 
study team established under paragraph (3), shall transmit 
to Congress and to the Administrator of the Environmental 
Protection Agency a report on the results of such dem-
onstration 
program 
together 
with 
recommendations 
concerning thin layer exposal in near shore areas of 
dredged material from construction, operation, and mainte-
nance of future navigation projects. 
(I) APPROVAL OR DISAPPROVAL OF RECOMMENDATIONS.—Not 
later than 30 days after the date of receipt of the report and 
recommendations under subparagraph (H), the Adminis-
trator of the Environmental Protection Agency shall ap-
prove or disapprove the recommendations and shall notify 
Congress and the Secretary of such approval or disapproval. 
If the Administrator disapproves the recommendations, not 
later than 30 days after the date of such disapproval, the 
Administrator shall notify Congress and the Secretary of 
the reasons for such disapproval together with rec-
ommendations for modifications which could be made to the 
recommendations to take into account such reasons. If the 
Administrator fails to approve or disapprove the rec-
ommendations transmitted under subparagraph (H) within 
the 30-day period, the recommendations shall be deemed to 
be approved. 
(3) STUDY TEAM.—The Secretary shall establish a study team 
to assist the Secretary in planning, carrying out, monitoring, 
and reporting on the demonstration program and the results of 
such program under this subsection. Such team shall be ap-
pointed by the Secretary and shall consist of representatives of 
the Corps of Engineers, the Environmental Protection Agency, 
interested Federal and State resource agencies, and the local 
sponsor of the demonstration program. Members of the study 
team who are not officers or employees of the United States 
shall serve without compensation. Members of the study team 
who are officers or employees of the United States shall receive 
no additional pay by reason of their service on the study team. 
(4) THIN LAYER DISPOSAL DEFINED.—For purposes of this 
subsection, the term "thin layer disposal" means the deliberate 
placement of a 6- to 12-inch layer of dredged material in a 
specific bottom area. In no case shall such layer exceed a 
maximum of 12 inches of thickness. 
(o) BRUSH CREEK AND TRIBUTARIES, MISSOURI AND KANSAS.—The 
Flood control. 
project for flood control. Brush Creek and tributaries, Missouri and 
Kansas, authorized by section 401(a) of the Water Resources Devel-
opment Act of 1986 (100 Stat. 4118), is modified to authorize the 
Secretary to provide to the non-Federal interests providing local 
cooperation for such project services (including the provision of 
services by contract) in the design and construction of upstream and 
downstream non-Federal extensions to such project— 
(1) if the non-Federal interests provide, in advance of obliga-
tion of Federal funds for such design and construction, amounts 
sufHcient to cover all costs of such services; 
102 STAT. 4020 
PUBLIC LAW 100-676—NOV. 17, 1988 
Indians. 
Historic 
preservation. 
Flood control. 
Dams. 
(2) if, prior to construction of such extensions, the non-Federal 
interests obtain all necessary Federal and State permits; and 
(3) if the non-Federal interests agree to hold and save the 
United States free from damages due to the planning, design, 
construction, operation, or maintenance of such extensions. 
Construction costs, operation, and maintenance of such extensions 
shall be a non-Federal responsibility and shall not be considered 
part of the Brush Creek flood control project for any purpose. 
(p) LiBBY DAM, MONTANA.—The project for Libby Dam, Lake 
Koocanusa Reservoir, Montana, is modified (1) to authorize the 
Secretary, in consultation with the Secretary of Agriculture, to 
undertake measures to alleviate low water impact on existing facili-
ties at such project, including provision of low water access to Lake 
Koocanusa, Montana, and provision of additional planned public 
recreation sites along the reservoir, and (2) to direct the Secretary to 
protect Indian archaeological sites which are exposed during the 
course of operations of such project, at an estimated total cost of 
$750,000. The Secretary shall coordinate with the Kootenai Tribes in 
monitoring exposed archaeological sites to prevent pillaging, in 
preserving artifacts onsite, and in facilitating curation at the tribal 
curation center in Pablo Montana when onsite preservation is not 
warranted. 
(q) SEA BRIGHT TO MONMOUTH BEACH, NEW JERSEY.—Section 854 
of the Water Resources Development Act of 1986 (100 Stat. 4179-
4180) is amended to read as follows: 
"SEC. 854. SANDY HOOK TO BARNEGAT INLET, NEW JERSEY. 
"(a) Subject to section 903(a) of this Act, the project for beach 
erosion control, Sandy Hook to Barnegat Inlet, New Jersey, au-
thorized by the River and Harbor Act of 1958, is modified to provide 
that the first Federal construction increment of the Ocean Township 
to Sandy Hook reach of such project shall consist of a berm of 
approximately 100 feet at Sea Bright and Monmouth Beach extend-
ing to and including a feeder beach in the vicinity of Long Beach 
substantially in accordance with the plan recommended in the draft 
General Design Memorandum entitled 'Atlantic Coast of New 
Jersey, Sandy Hook to Barnegat Inlet, Beach Erosion Control 
Project, Section 1—Sea Bright to Ocean Township, New Jersey', 
dated May 1988, at a total initial cost for such increment of 
$91,000,000 and an annual cost of $1,200,000 for periodic beach 
nourishment over the life of such increment. 
"(b) The non-Federal share of the costs of construction and 
maintenance of the increment referred to in subsection (a) shall be— 
"(1) for the first $40,000,000 in costs, the amounts expended by 
non-Federal interests for reconstruction of the seawall at Sea 
Bright and Monmouth Beach, New Jersey; and 
"(2) for costs in excess of $40,000,000, a non-Federal share 
which is in accordance Math title I of this Act. 
"(c) Before initiation of construction of any increment of the 
project for beach erosion control, Sandy Hook to Barnegat Inlet, 
New Jersey, non-Federal interests shall agree to provide public 
access to the beach for which such increment of the project is 
authorized in accordance with all requirements of State law and 
regulations.". 
(r) WYOMING VALLEY, PENNSYLVANIA.—The project for flood con-
trol, Wyoming Valley, Pennsylvania, authorized by section 401(a) of 
the Water Resources Development Act of 1986 (100 Stat. 1424), is 
PUBLIC LAW 100-676—NOV. 17, 1988 
102 STAT. 4021 
modified to authorize the Secretary to study the feasibility of 
constructiiig an inflatable dam on the Susquehanna River in the 
vicinity of Wilkes Barre, Pennsylvania. 
(s) BLAIR AND SITCUM WATBEWAYS, WASHiNGTON.^The undesig-
nated paragraph of section 202(a!( of the Water Resources Develop-
ment Act of 1986 under the headiiig "BLAIR AND SITCUM WATERWAYS, 
T
A
O
O
M
A H
A
R
B
O
R
, WASHINGTON" (100 Stat. 40%) is amended by strik-
mg out "$38,200,000" and aU that follows through "$12,000,000;" 
and inserting in lieu thereof "$51,000,000;". 
(t) WYNOOCHBE LAKE, WASHINGTON.— 
(1) IN GENERAL.—^To demonstrate the feasibility of non-Fed-
eral operation, maintenance, repair, and rehabilitation of a 
Fedeial multi-purpose water resources project, the project for 
Wynoochee Lake, Wynoochee River, Washington, authorized by 
section 203 of the Flood Control Act of 1962 (76 Stat. 1193), is 
modified to authorize tiie Secretary to permit the city of Ab-
erdeen, Washington, to operate, maintain, repair, and rehabili-
tate the project (hereinafter in this subsection referred to as 
"OMR&R^') after September 30,1988. 
(2) LmcrrATiONS ON OMR&R.—OMR&R by the city of Aberdeen 
shall be— 
(A) subject to such terms and conditions as the Secretary Regulations. 
shall establish by r^ulation to ensure that OMR&R is 
consistent with the project's authorized purposes, including 
fish and wildlife mitigation; and 
(B) consistent with the long-term value and viability of 
the project's physical facilities. 
In issuing such r^ulations, the Secretary shall evaluate the 
effect of such r^ulations on the project costs payable by the 
city. 
(3) CONDITIONS.—OMR&R by the city of Aberdeen under this 
subsection shall be subject to the following conditions: 
(A) Title to real and personal property of the project shall 
remain in the United Stirtes, and tiie city shall not impair 
such title. 
(B) The city shall hold and save the United States free 
from any damages which result from OMR&R by the city, 
except for damages due to the fault or n^ligence of the 
United States or its contractors. 
(C) Upon due cause as determined by the Secretary and 
after notice to the city, the Secretary may resume OMR&R 
and the city shall be responsible to pay the percentage of 
the OMR&R costs of the project incurred thereafter and 
related to water supply storage as described in the original 
project contract. 
(D) The Secretary shall modify the project contract to 
forgive future OMR&R payment obligations of the ci^ to 
the extent that the city is performing project OMR&R in 
accordance with this subsection and the regulations issued 
under this subsection. 
(E) The Secretary shall transfer to the city responsibility 
for OMR&R of the project in a safe and cost-effective 
manner. 
(4) REPORT TO CONGRESS.—Not later than 1 year after the date 
of the enactment of this Act, the Secretary shall transmit to the 
Committee on Environment and Public Works of the Senate 
and the Committee on PubUc Works and Transportation of the 
Real property. 
Gifts and 
property. 
102 STAT. 4022 
PUBLIC LAW 100-676—NOV. 17, 1988 
House of Representatives a report on the implementation of this 
subsection. 
33 use 2312. 
SEC. 5. COMMENTS ON CERTAIN CHANGES IN OPERATIONS OF RES-
ERVOIRS. 
Before the Secretary may make changes in the operation of any 
reservoir which will result in or require a reallocation of storage 
space in such reservoir or will significantly affect any project pur-
pose, the Secretary shall provide an opportunity for public review 
and comment. 
SEC. 6. OPERATION OF CERTAIN PROJECTS TO ENHANCE RECREATION. 
(a) ENHANCEMENT OF RECREATION.—The Secretary shall ensure, to 
the extent compatible with other project purposes, that each water 
resources project referred to in this subsection is operated in such 
manner as will protect and enhance recreation associated with such 
project. The Secretary is authorized to manage project lands at each 
such project in such manner as will improve opportunities for 
recreation at the project. Such activities shall be included as au-
thorized project purposes of each project. Nothing in this subsection 
shall be construed to affect the authority or discretion of the Sec-
retary with respect to carrying out other authorized project pur-
goses or to comply with other requirements or obligations of the 
ecretary which are legally binding as of the date of the enactment 
State listing. 
of this Act. The provisions of this subsection shall apply to the 
following projects: 
(1) Beechfork Lake, West Virginia. 
(2) Bluestone Lake, West Virginia. 
(3) East Lynn Lake, West Virginia. 
(4) Francis E. Walter Dam, Pennsylvania. 
(5) Jennings Randolph Lake (Bloomington Dam), Maryland 
and West Virgina, 
(6) R.D. Bailey Lake, West Virginia. 
(7) Savage River Dam, Maryland. 
(8) Youghiogheny River Lake, Pennsylvania and Maryland. 
(9) Summersville Lake, West Virginia. 
(10) Sutton Lake, West Virginia. 
(11) Stonewall Jackson Lake, West Virginia. 
(b) RECREATION DEFINED.—As used in this section, in addition to 
recreation on lands associated with the project, the term "recre-
ation" includes (but shall not be limited to) downstream Whitewater 
recreation which is dependent on project operations, recreational 
fishing, and boating on water at the project. 
33 use 2313. 
SEC. 7. COLLABORATIVE RESEARCH AND DEVELOPMENT. 
(a) IN GENERAL,—For* the purpose of improving the state of 
engineering and construction in the United States and consistent 
with the mission of the Army Corps of Engineers, the Secretary is 
authorized to utilize Army Corps of Engineers laboratories and 
research centers to undertake, on a cost-shared basis, collaborative 
research and development with non-Federal entities, including State 
and local government, colleges and universities, and corporations, 
partnerships, sole proprietorships, and trade associations which are 
incorporated or established under the laws of any of the several 
States of the United States or the District of Columbia. 
Contracts. 
(b) ADMINISTRATIVE PROVISIONS.—In Carrying out this section, the 
Secretary may consider the recommendations of a non-Federal 
PUBLIC LAW 100-676—NOV. 17, 1988 
102 STAT. 4023 
entity in identifying appropriate research or development projects 
and may enter into a cooperative research and development agree-
ment, as defined in section 12 of the Stevenson-Wydler Technology 
Innovation Act of 1980 (15 U.S.C. 3710a); except that in such agree-
ment, the Secretary may agree to provide not more than 50 percent 
of the cost of any research or development project selected by the 
Secretary under this section. Not less than 5 percent of the non-
Federal entity's share of the cost of any such project shall be paid in 
cash. 
(c) APPUCABILTTY OF OTHER LAWS.—The research, development, or 
utilization of any technology pursuant to an agreement under 
subsection Qoi), including the terms under which such technology 
may be licensed and the resulting royalties may be distributed, shall 
be subject to the provisions of the Stevenson-Wydler Technology 
Innovation Act of 1980 (15 U.S.C. 3701-3714). 
(d) AUTHORIZATION OF APPROPRIATIONS.—To carry out the pur-
poses of this section, there is authorized to be appropriated to the 
Secretary of the Army civil works funds $3,000,000 for fiscal year 
1989, $4,000,000 for fiscal year 1990, $5,000,000 for fiscal year 1991, 
and $6,000,000 for each fiscal year thereafter. 
(e) ADDITIONAL FUNDING.—Notwithstanding the third proviso 
under the heading "GENERAL INVESTIGATIONS" of title I of the 
Energy and Water Development Appropriations Act, 1989 (102 Stat. 
857), an additional $3,000,000 of the funds appropriated under such 
heading shall be available to the Secretary for obligation to carry 
out the purposes of this section in fiscal year 1989. 
SEC. 8. INNOVATIVE TECHNOLOGY. 
33 USC 2314. 
(a) USE.—The Secretary shall, whenever feasible, seek to promote 
long- and short-term cost savings, increased efficiency, reliability, 
and safety, and improved environmental results through the use of 
innovative technology in all phases of water resources development 
projects and programs under the Secretary's jurisdiction. To further 
this goal. Congress encourages the Secretary to— 
(1) use procurement and contracting procedures that encour-
age innovative project design, construction, rehabilitation, 
repair, and operation and maintenance technologies; 
(2) frequently review technical and design criteria to remove 
or modify unnecessary impediments to innovation; 
(3) increase timely exchange of technical information with 
universities, private companies, government agencies, and 
individuals; 
(4) foster design competition; and 
(5) encourage greater participation by non-Federal project 
sponsors in the development and implementation of projects. 
(b) REPORTS.—Within 2 years after the date of the enactment of 
this Act, and thereafter at the Secretary's discretion, the Secretary 
shall provide Congress with a report on the results of, and rec-
ommendations to increase, the development and use of innovative 
technolo^ in water resources development projects under the Sec-
retary's jurisdiction. Such report shall also contain information 
regarding innovative technologies which the Secretary has consid-
ered and rejected for use in water resources development projects 
under the Secretary's jurisdiction. 
(c) INNOVATIVE TECHNOLOGY DEFINED.—For the purpose of this 
section, the term "innovative technology" means designs, materials, 
trademarks. 
102 STAT. 4024 
PUBLIC LAW 100-676—NOV. 17, 1988 
or methods which the Secretary determines are previously 
undemonstrated or are too new to be considered standard practice. 
33 use 2314 
SEC. 9. TECHNICAL ASSISTANCE DEMONSTRATION PROGRAM. 
(a) IN GENERAL.—The Secretary is authorized to undertake a 
demonstration program for a 2-year period, which shall begin within 
6 months after the date of the enactment of this Act, to provide 
technical assistance, on a nonexclusive basis, to any United States 
firm which is competing for, or has been awarded, a contract for the 
planning, design, or construction of a project outside the United 
States, if the United States firm provides, in advance of fiscal 
obligation by the United States, funds to cover all costs of such 
assistance. Iti determining whether to provide such assistance, the 
Secretary shall consider the effects on the Department of the Army 
civil works mission, personnel, and facilities. Prior to the Secretary 
providing such assistance, a United States firm must— 
(1) certify to the Secretary that such assistance is not other-
wise reasonably and expeditiously available; and 
(2) agree to hold and save the United States free from dam-
ages due to the planning, design, construction, operation, or 
maintenance of the project. 
Q}) FEDERAL EMPLOYEES' INVENTIONS.—As to an invention made or 
conceived by a Federal employee while providing assistance pursu-
ant to this section, if the Secretary decides not to retain all rights in 
such invention, the Secretary may— 
f aten^ and 
(1) grant Or agree to grant in advance, to a United States firm, 
^ 
^ patent license or assignment, or an option thereto, retaining a 
nonexclusive, nontransferable, irrevocable, paid-up license to 
practice the invention or have the invention practiced through-
out the world by or on behalf of the United States and such 
other rights as the Secretary deems appropriate; or 
(2) waive, subject to reservation by the United States of a 
nonexclusive, irrevocable, paid-up license to practice the inven-
tion or have the invention practiced throughout the world by or 
on behalf of the United States, in advance, in whole, or in part, 
any right which the United States may have to such invention. 
(c) PROTECTION OF CONFIDENTIAL INFORMATION.—Information of a 
confidential nature, such as proprietary or classified information, 
provided to a United States firm pursuant to this section shall be 
protected. Such information may be released by a United States 
firm only after written approval by the Secretary. 
(d) REPORT.—Within 6 months after the end of the demonstration 
program authorized by this section, the Secretary shall submit to 
Congress a report on the results of such demonstration program. 
(e) DEFINITIONS.—For purposes of this section— 
(1) UNITED STATES FIRM.—The term "United States firm" 
means a corporation, partnership, limited partnership, or sole 
proprietorship that is incorporated or established under the 
laws of any of the United Stetes with its principal place of 
business in the United Stetes. 
(2) UNITED STATES.—The term "United Stetes", when used in 
a geographical sense, means the several Stetes of the United 
Stetes and the District of Columbia. 
33 use 2315. 
SEC. 10. PERIODIC STATEMENTS. 
Upon receipt of a request from a non-Federal sponsor of a water 
resources development project under construction by the Secretary, 
PUBLIC LAW 100-676—NOV. 17, 1988 
102 STAT. 4025 
the Secretary shall provide such sponsor with periodic statements of 
project expenditures. Such statements shall include an estimate of 
all Federal and non-Federal funds expended by the Secretary, 
including overhead expenditures, the purpose for expenditures, and 
a schedule of anticipated expenditures during the remaining period 
of construction. Statements shall be provided to the sponsor at 
intervals of no greater than 6 months. 
SEC. 11. SIMULATION MODEL OF SOUTH CENTRAL FLORIDA HYDRO-
LOGIC ECOSYSTEM. 
(a) IN GENERAL.—The Secretary, in cooperation with affected 
Federal, State, and local agencies and other interested persons, may 
develop and operate a simulation model of the central and southern 
Florida hydrologic ecosystem for use in predicting the effects— 
(1) of modifications to the flood control project for central and 
Flood control. 
southern Florida, authorized by the Flood Control Act of 1948, 
(2) of changes in the operation of such project, and 
(3) of other human activities conducted in the vicinity of such 
ecosystem which individually or in the aggregate will signifi-
cantly affect the ecology of such ecosystem, 
on the flow, characteristics, quality, and quantity of surface and 
ground water in such ecosystem and on plants and wildlife within 
such ecosystem. Such model shall be capable of producing informa-
tion which is applicable for use in evaluating the impact of issuance 
of proposed permits under section 10 of the Act of March 3,1899 (30 
Stat. 1151; 33 U.S.C. 403), commonly known as the River and 
Harbors Appropriation Act of 1899, and under section 404 of the 
Federal Water Pollution Control Act. 
O
t
)
) AVAILABILITY TO STATE AND LOCAL AGENCIES.—The Secretary 
shall allow Federal, State, and local agencies to use, on a reimburs-
able basis, the simulation model developed under this section. 
(c) COST SHARING.—The Federal share of the cost of developing 
and operating the simulation model under this section shall be 75 
percent. 
SEC. 12. SECTION 215 REIMBURSEMENT UMITATION PER PROJECT. 
Section 215(a) of the Flood Control Act of 1968 (42 U.S.C. 1962d-
5a(a)) is amended by insertmg after "$3,000,000" the following: "or 1 
percent of the total project cost, whichever is greater; except that 
the amount of actual Federal reimbursement, including reductions 
in contributions, for such project may not exceed $5,000,000 in any 
flscal year.". 
SEC. 13. ADDITIONAL 10 PERCENT PAYMENT OVER 30 YEARS FOR 
CONSTRUCTION OF HARBORS. 
(a) RELOCATION COSTS.—Section 101(a) of the Water Resources 
Development Act of 1986 (33 U.S.C. 2211(a)) is amended by striking 
out paragraph (2) and inserting in lieu thereof the following new 
paragraph: 
"(2) AoDmONAL 10 PERCENT PAYMENT OVER 30 YEARS.—The 
non-Federal interests for a project to which paragraph (1) ap-
plies shall pay an additional 10 percent of the cost of the 
general navigation features of the project in cash over a period 
not to exceed 30 years, at an interest rate determined pursuant 
to section 106. The value of lands, easements, rights-of-way, 
relocations, and dredged material disposal areas provided under 
paragraph (3) and the costs of relocations borne by the non-
102 STAT. 4026 
PUBLIC LAW 100-676-NOV. 17, 1988 
Federal interests under paragraph (4) shall be credited toward 
the payment required under tiois paragraph.". 
33 use 2211 
(b) RETROACTIVE EFFECTIVE DATE.—The amendment made by 
note. 
subsection (a) shall take effect on November 17, 1986. 
SEC 14. COMPLIANCE WITH FLOOD PLAIN MANAGEMENT AND INSUR-
ANCE PROGRAMS. 
Section 402 of the Water Resources Development Act of 1986 (33 
U.S.C. 701b-12) is amended by inserting "or any project for hurri-
cane or storm damage reduction" after "local flood protection". 
SEC 15. FEDERAL REPAYMENT DISTRICT. 
Section 916(a) of the Water Resources Development Act of 1986 (33 
U.S.C 2291) is amended by striking out "include the power to 
collect" and all that follows through tae period at the end of the last 
sentence and inserting in lieu thereof ' ^ v e the power to recover 
benefits through any cost-recovery approach that is consistent with 
State law and satisfies the applicsd>le cost-recovexy requirement 
under subsection (b).". 
SEC 16. ABANDONED AND WRECKED VESSELS. 
Section 1115 of the Water Resources Development Act of 1986 (100 
Stat. 4235) is amended by striking out the last period and inserting 
in lieu thereof the following: ": Provided^ That, in furtherance of the 
work authorized by paragraph (3) hereof, and conditioned on 
successful removal of the A R^ina, the Secretary of the Army is 
hereby authorized to transfer upon such conditions as he shall deem 
fit the title to a Delong Pier Jack-Up Baige Type A serial number 
BPA6814, directly to any entity, including any private corporation 
to be used to assist in the removal of the wreck of the said A R^ina. 
Procedures otherwise governing the disposal of government prop-
erty, shall not apply to the above authorized transfer of title. The 
forgoing actions shall be at no cost to the United States, and shall 
constitute full compliance by the Secretary of the Army with the 
requirement of paragraph (3) hereof.". 
SEC 17. FLOOD WARNING AND RESPONSE SYSTEM. 
Pennsylvania. 
(a) PROJECT.—^The Secretary, in cooperation with other Federal 
agencies and the Susquehanna River Basin Commission, is au-
thorized to design and implement a comprehensive flood warning 
and response system to serve communities and flood prone areas 
along Juniata River and tributaries in the State of Pennsylvania 
con^tent with the cost sharing policies of the Water R^urces 
Development Act of 1986. 
(b) AUTHORIZATION OF APPROPRIATION.—^There is authorized to be 
appropriated to carry out this section $2,000,000 for fiscal years 
b^inning after September 30,1988. 
SEC 18. SMALL BOAT HARBOR, RUFFALO HARBOR, NEW YORK. 
The Secretary may undertake such emergency repairs as the 
Secretary determines necessary to preserve the existing dike at the 
Small Boat Harbor, Buffalo Harbor, New York, at a total cost of 
$2,000,000, except that the Federal share may not exceed $1,000,000. 
SEC 19. LAKEPORT LAKE, CALIFORNIA. 
(a) PROJECT REAUTHORIZATION.—Subject to section 1001(a) of the 
Water Resources Development Act of 1986, the proiect for flood 
control, Lakeport Lake, California, as authorized by the Flood Con-
PUBLIC LAW 100-676—NOV. 17,1988 
102 STAT. 4027 
trol Act of 1965 on the day before the date of the enactment of the 
Water Resources Development Act of 1986, is authorized. 
(b) REPEAL OF DEAUTHORIZATION.—Section 1003 of the Water Re-
sources Development Act of 1986 (100 Stat. 4222-4223) is repealed. 
SEC. 20. SACRAMENTO, CALIFORNIA. 
The President, in submitting his budget for fiscal year 1990, shall 
include a schedule for completing the feasibility study on Northern 
California Streams, American River Watershed, as expeditiously as 
practicable and an estimate of the resources required to meet such 
schedule. 
SEC. 21. MISSISSIPPI RIVER HEADWATERS RESERVOIRS. 
(a) GENERAL RULE.—Notwithstanding any other provision of law, 
the Secretary is directed to maintain water levels in the Mississippi 
River headwaters reservoirs within the following operating limits: 
Winnibigoshish 1296.94 feet—1303.14 feet; Leech 1293.20 feet— 
1297.94 feet; Pokegama 1270.42 feet—1276.42 feet; Sandy 1214.31 
feet—1218.31 feet; Pine 1227.32 feet—1234.82 feet; and Gull 1192.75 
feet—1194.75 feet. Such water levels shall be measured using the 
National Geodetic Vertical Datum. 
Ot)) EXCEPTION.—The Secretary may operate the headwaters res-
ervoirs below the minimum or above the maximum water levels 
established in subsection (a) in accordance with a contingency plan 
which the Secretary develops after consulting with the Governor of 
Minnesota and affected landowners and commercial and rec-
reational users. The Secretary shall transmit such plan to Congress 
within 6 months after the date of the enactment of this Act. The 
Secretary shall report to Congress at least 14 days prior to operating 
any such headwaters reservoir below the minimum or above the 
maximum water level limits specified in subsection (a). 
SEC. 22. HEARDING ISLAND INLET, DULUTH HARBOR, MINNESOTA. 
The Secretary is authorized to dredge the Hearding Island Inlet, 
Duluth Harbor, Minnesota, for the purpose of increasing water 
circulation and reducing stagnant water conditions, at a total cost of 
$500,000. 
SEC. 23. LOUISIANA WATER SUPPLY. 
The Secretary is directed to review periodically the water supply 
problems related to drought which may be experienced at the Bayou 
Lafourche water supply reservoir in Louisiana and to respond as 
appropriate under the authority granted by section 5 of the Act 
entitled "An Act authorizing the construction of certain public 
works on rivers and harbors for flood control, and for other pur-
poses", approved August 18, 1941 (55 Stat. 650; 33 U.S.C. 701n). 
SEC. 24. CONTAINED SPOIL DISPOSAL FACILITIES IN THE GREAT LAKES 
AND THEIR CONNECTING CHANNELS. 
(a) PERIOD FOR DEPOSITING DREDGED MATERIALS.—Section 123 of 
the River and Harbor Act of 1970 (33 U.S.C. 1293a) is amended by 
adding at the end thereof the following new subsection: 
"(j) PERIOD FOR DEPOSITING DREDGED MATERIALS.—The Secretary 
of the Army, acting through the Chief of Engineers, is authorized to 
continue to deposit dredged materials into a contained spoil disposal 
facility constructed under this section until the Secretary deter-
mines that such facility is no longer needed for such purpose or that 
such facility is completely full.". 
President of U.S. 
Reports. 
102 STAT. 4028 
PUBLIC LAW 100-676—NOV. 17, 1988 
Hazardous 
materials. 
Pollution. 
Recreation. 
Reports. 
Flood control. 
Real property. 
(b) STUDY AND MONITORING PROGRAM.—Such section is further 
amended by adding at the end thereof the following new subsection: 
"(k) STUDY AND MONITORING PROGRAM.— 
"(1) STUDY.—The Secretary of the Army, acting through the 
Chief of Engineers, shall conduct a study of the materials 
disposed of in contained spoil disposal facilities constructed 
under this section for the purpose of determining whether or 
not toxic pollutants are present in such facilities and for the 
purpose of determining the concentration levels of each of such 
pollutants in such facilities. 
"(2) REPORT.—Not later than 1 year after the date of the 
enactment of this subsection, the Secretary shall transmit to 
Congress a report on the results of the study conducted under 
paragraph (1). 
"(3) INSPECTION AND MONITORING PROGRAM.—The Secretaiy 
shall conduct a program to inspect and monitor contained spoil 
disposal facilities constructed under this section for the purpose 
of determining whether or not toxic pollutants are leaking from 
such facilities. 
"(4) TOXIC POLLUTANT DEFINED.—For purposes of this subsec-
tion, the term 'toxic pollutant' means those toxic pollutants 
referred to in sections 301(bX2XC) and 301(bX2XD) of the Federal 
Water Pollution Control Act and such other pollutants as the 
Secretary, in consultation with the Administrator of the 
Environmental Protection Agency, determines are appropriate 
based on their effects on human health and the environment.". 
SEC. 25. SOUTH PIER TO CHARLEVOIX HARBOR, CHARLEVOIX, MICHI-
GAN. 
The Secretary shall take such action as may be necessary to 
restore recreational uses established prior to May 1,1988, or provide 
comparable recreational uses at the South Pier to Charlevoix 
Harbor project, Charlevoix, Michigan, in order to mitigate any 
adverse impact on recreational uses resulting from reconstruction of 
the South Pier. Costs incurred by the Secretary to carry out this 
section shall be allocated among authorized project purposes in 
accordance with applicable cost allocation procedures and shall be 
subject to cost sharing or reimbursement to the same extent as other 
project costs are shared or reimbursed. 
SEC. 26. COYOTE AND BERRYESSA CREEKS, CALIFORNIA. 
The Secretary is directed to include in the feasibility report for 
the project for flood control. Coyote and Berryessa Creeks, Califor-
nia: Report of the Board of Engineers for Rivers and Harbors, dated 
May 11,1988, recommendations for reimbursement of local interests 
for work undertaken after the date of the enactment of this Act 
which is integral to the Federal project as recommended in the 
feasibility study. Such reimbursement shall not exceed $3,000,000 
and shall be made at such time as the federally funded work is 
carried out. 
SEC. 27. LAND CONVEYANCE, WHITTIER NARROWS DAM, LOS ANGELES 
COUNTY, CALIFORNIA. 
(a) AUTHORITY TO CONVEY.—Subject to the provisions of this 
subsection, the Secretary may convey to the city of South El Monte, 
California, approximately 7.778 acres of real property, together with 
improvements thereon, located within the Whittier Narrows Flood 
PUBLIC LAW 100-676—NOV. 17, 1988 
102 STAT. 4029 
Control Basin, south of the Pomona Freeway (Highway 60) and east 
of Santa Anita Avenue, in the city of South El Monte, California. 
O
t
>
) CONSIDERATION.—In consideration for the conveyance au-
thorized by subsection (a), the Secretary may accept real property in 
the Los Angeles area or cash, or both. The value of the consideration 
for the conveyance may not be less than the fair market value of the 
property conveyed by the United States, as determined by the 
Secretary. Any funds received by the Secretary under this section 
shall be deposited into the genersd fund of the Treasury. 
(c) CONDITIONS.—^The Secretary may make the conveyance de-
scribed in subsection (a) only if— 
(1) the city of South El Monte, California, grants the United 
States a perpetual easement that enables the Federal Govern-
ment to carry out necessary flood control activities with respect 
to such real property; 
(2) such city agrees to use suitable property located directly 
adjacent to the Whittier Narrows Park, which will be acquired 
by such city through an exchange for such real property, for 
parking in connection with recreational activities in the Whit-
tier Narrows Recreational Area, as the Secretary considers 
appropriate; and 
(3) tiie Secretary determines that the Secretary does not need 
fee simple title to such real property for operation of the project. 
(d) ADDmoNAL TERMS.—^The Secretary may impose such addi-
tional terms and conditions on the conveyance authorized by subsec-
tion (a) as the Secretary considers appropriate to protect the in-
terests of the United States. 
(e) LEGAL DESCRIPTION OF REAL PROPERTY.—^The exact acreage and 
l^al description of tiie real property described in subsection (a) 
shall be determined by a survey which is satisfactory to the Sec-
retary. The cost of such survey shall be borne by the city of South El 
Monte, California. 
SEC 28. LAND CONVEYANCE, OTTAWA. ILLINOIS. 
(a) IN GENERAL.—^Subject to the provisions of this section, the 
Secretary shall convey to the city of Ottawa, Illinois, by quitclaim 
deed any right, title, and interest of tiie United States to approxi-
mately 5.3 acres of land located at the junction of the Fox and 
Illinois Rivers in such city. 
(b) TERMS AND CONDITIONS.—^The conveyance by the United States 
under this section shall be subject to the condition that the city of 
Ottawa, Illinois, its successors and assigns, agrees to hold the United 
States harmless from all claims arising from or through the oper-
ations of the lands conveyed by the United States. The Secretary 
may impose such additional terms and conditions on the conveyance 
as tiie Secretary considers appropriate to protect the interests of the 
United States; except that the Secretary may not impose any term 
or condition which restricts the use of the lands conveyed by the 
United States under this section. 
(c) LEGAL DESCRIPTION OF REAL PROPERTY.—^The exact acreage and 
l^al description of the real property described in subsection (a) 
shall be determined by a survey which is satisfactory to the Sec-
retary. The cost of the survey shall be borne by the city of Ottawa, 
Illinois. 
Gifts and 
property. 
Flood control. 
Claims. 
102 STAT. 4030 
PUBLIC LAW 100-676—NOV. 17, 1988 
SEC. 29. LAND TRANSFER IN WHITMAN COUNTY, WASHINGTON. 
Wildlife. 
(a) EXCHANGE OF LAND.—The Secretary shall exchange approxi-
mately 171 acres of land acquired by the United States for the 
Lower Granite Lock and Dam project, Washington, authorized as 
part of the navigation project for the Snake River, Oregon, Washing-
ton, and Idaho by section 2 of the River and Harbor Act of March 2, 
1945 (59 Stat. 21), for a tract of land owned by the Port of Whitman 
County, Washington, which the Secretary determines is suitable for 
wildlife mitigation purposes. Such exchange shall be made with 
regard to the values of the lands being exchanged. 
(b) TERMS AND CONDITIONS.—The land of the United States ex-
changed under subsection (a) shall be subject to a reversionary 
interest in the United States if such land is used for any purpose 
other than port or industrial purposes. Such exchange shall also be 
subject to such other terms, conditions, reservations, and restric-
tions as the Secretary determines necessary for the development, 
maintenance, and operation of the Lower Granite Lock and Dam 
project referred to in subsection (a) and to protect the interests of 
the United States. 
(c) LEGAL DESCRIPTIONS AND SURVEYS.—The exact acreages and 
legal descriptions of the lands exchanged under subsection (a) shall 
be determined by such surveys as the Secretary determines are 
necessary. The cost of such surveys shall be paid by the Port of 
Whitman County, Washington. 
SEC. 30. LESAGE/GREENBOTTOM SWAMP, WEST VIRGINIA. 
(a) LIMITATION ON LAND CONVEYANCE.—The Secretary shall not 
convey title to all or any part of the Lesage/Greenbottom Swamp to 
the State of West Virginia. 
O
k
)
) LESAGE/GREENBOTTOM SWAMP DEFINED.—For purposes of this 
section, the term "Lesage/Greenbottom Swamp" means the land 
located in Cabell and Mason Counties, West Virginia, acquired or to 
be acquired by the United States for fish and wildlife mitigation 
purposes in connection with the Gallipolis Locks and Dam replace-
ment project authorized by section 301(a) of the Water Resources 
Development Act of 1986 (100 Stat. 4110). 
(c) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing in this 
section shall be construed as affecting the authority of the Secretary 
to carry out the Gallipolis Locks and Dam replacement project 
authorized by section 301(a) of the Water Resources Development 
Act of 1986 (100 Stat. 4110). 
SEC. 31. PORTUGUESE AND BUCANA RIVERS, PUERTO RICO. 
The Secretary is authorized to pay tuition expenses of suitable, 
English-taught primary and secondary education in Puerto Rico for 
the child or children of any Federal employee when such expenses 
are incurred after the date of the enactment of this Act and while 
the employee is temporarily residing and employed in Puerto Rico 
for the construction of the Portuguese and Bucana Rivers, Puerto 
Rico, project. 
SEC. 32. ALTERNATIVES TO MUD DUMP FOR DISPOSAL OF DREDGED 
MATERIAL. 
Section 211 of the Water Resources Development Act of 1986 (100 
Stat. 4106; 33 U.S.C. 2239) is amended by redesignating subsections 
(d), (e), (f), and (g), and any references thereto, as subsections (e), (£), 
PUBLIC LAW 100-676—NOV. 17, 1988 
102 STAT. 4031 
(g), and (h), respectively, and by inserting after subsection (c) the 
following new subsection: 
"(d) DESIGNATION PLAN.—Not later than 120 days after the date of 
the enactment of the Water Resources Development Act of 1988, the 
Administrator shall submit to the Committee on Environment and 
Public Works of the Senate and the Committee on Public Works and 
Transportation of the House of Representatives his plan for des-
ignating one or more sites under subsection (a). The plan shall 
specify the actions necessary to comply with subsection (a), the 
funding requirements associated with these actions, and the dates 
by which the Administrator expects to complete each of these 
actions. The plan also shall specify actions which the Administrator 
may be able to take to expedite the designation of any sites under 
subsection (a).". 
SEC. 33. MISSOURI RIVER BETWEEN FORT PECK DAM, MONTANA, AND 
GAVINS POINT DAM, SOUTH DAKOTA AND NEBRASKA. 
Section 9 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 December 22, 1944 (58 Stat. 891), is 
amended by adding at the end thereof the following new subsection: 
"(f) The Secretary of the Army is directed to undertake such 
mcEisures, including maintenance and rehabilitation of existing 
structures, which the Secretary determines are needed to alleviate 
bank erosion and related problems associated with reservoir re-
leases along the Missouri River between Fort Peck Dam, Montana, 
and a point 58 miles downstream of Gavins Point Dam, South 
Dakota, and Nebraska. The cost of such measures may not exceed 
$3,000,000 per fiscal year. Notwithstanding any other provision of 
law, the costs of these measures, including the costs of necessary 
real estate interests and structural features, shall be apportioned 
among project proposes as a joint-use operation and maintenance 
expense. In lieu of structural measures, the Secretary may acquire 
interests in affected areas, as the Secretary deems appropriate, from 
willing sellers.". 
SEC. 34. NEW YORK HARBOR DRIFT REMOVAL PROJECT. 
Section 91 of the Water Resources Development Act of 1974 (88 
Stat. 39) is amended by striking out "$30,500,000" and inserting in 
lieu thereof "$6,000,000 annually". 
SEC. 35. PLACEMENT OF DREDGED BEACH QUALITY SAND ON BEACHES. 
Section 145 of the Water Resources Development Act of 1976 (33 
U.S.C. 426j) is amended by adding at the end thereof the following 
new sentence: "In carrying out this section, the Secretary shall give 
State and local 
consideration to the State's schedule for providing its share of funds 
governments. 
for placing such sand on the beaches of such State and shall, to the 
maximum extent practicable, accommodate such schedule.". 
SEC. 36. RESTORATION, VENTURA TO PIERPONT BEACH, CALIFORNIA. 
The Secretary shall make such emergency repairs as are required 
to restore groin number 1 of the Ventura to Pierpont Beach erosion 
control project to its original configuration as authorized pursuant 
to House Document 87-458, except that the Federal cost shall not 
exceed $300,000. 
102 STAT. 4032 
PUBLIC LAW 100-676-NOV. 17, 1988 
California. 
SEC 37. WILLIAM G. STONE LOCK TOLLS. 
Section 1150(b) of the Water Resources Development Act of 1986 
(100 Stat. 4255) is amended by striking out "Yolo County, Califor-
nia" and inserting in lieu thereof the following: "the city of West 
Sacramento, Cllalifomia". 
33 u s e 59J-1. 
SEC. 38. DECLARATION OF NONNAVIGABILITY FOR PORTIONS OF THE 
DELAWARE RIVER. 
(a) AREA TO BE DECLARED NON-NAVIGABLE; PUBLIC INTEREST.— 
Pennsylvania. 
Unless the Secretary finds, after consultation with local and re-
gional public officials (including local and r^onal public planning 
organizations), that the proposied projects in Philadelphia, Penn-
^Ivania, to be undertaken within the boundaries described below, 
are not in the public interest then, subject to subsections (b) and (c) 
of this section, those portions of the Delaware River, bounded and 
described as follows, are declared to be non-navigable waters of the 
United States: 
(1) LIBERTY LANDING. 
Description of Pier 53 South 
All that certain lot or piece of ground t<^ether with the improve-
ments thereon erected, situate in the 1st ward of the city of Philadel-
§hia and described according to a plan of property by John Stefanco, 
urveyor and R^ulator of the Second Survey District, dated 
November 4,1974 and revised December 18,1974: 
BegiiauDg at an interior point formed by the intersection of the 
following two courses and distances: (1) north 14 d^rees 46 minutes 
39 seconds east, the distance of 781.002 feet northwardly from the 
northerly side of Reed Street (50 feet wide bearing south 75 d^rees 
13 minutes 21 seconds east); (2) south 75 d^rees 20 minutes 21 
seconds east, the distance of 231.805 feet eastwardly fh>m the eas-
terly side of Delaware Avenue (150 feet wide bearing north 14 
d^rees 39 minutes 39 seconds east); thence extending from said 
point of b^inning, north 0 d^ree 49 minutes 15 seconds west, the 
distance of 160.856 feet to a point; thence extending north 79 d^rees 
53 minutes 04 seconds east, the distance of 24.808 feet to a point; 
thence extending north 10 d^^rees 03 minutes west, the distance of 
15.0 feet to a point; thence extending south 79 d^rees 53 minutes 04 
seconds west, the distance of 22.723 feet to a point; thence extending 
north 4 d^^rees 56 minutes 56 seconds west, the distance of 99.228 
feet to a point; thence extending south 80 d^^rees 53 minutes 04 
seconds west, the distance of 7.0 feet to a point on an arc; thence 
extending along an arc curving to the right having a radius of 
698.835 feet, a central angle of 11 d^rees 29 minutes 44 seconds, an 
arc distance of 140.211 feet to a point of tangency; thence extending 
north 0 d^ree 44 minutes 16 seconds wesC the distance of 57.302 
feet to a point on the former centre line of former Washington 
Avenue (100 feet wide); thence extending along the said centre line 
of former Washington Avenue and crossing the bed of a 30-foot-wide 
private driveway and the bulkhead line, (approved by the Secretary 
of War, Se^^ember 10,1940); south 75 d^rees 13 minutes 21 seconds 
east, the distance of 940.350 feet to a point on the pierhead line 
(approved by the Secretary of War, September 10, 1940); thence 
extending along the said pierhead line, south 1 d^ree 32 minutes 57 
seconds east, the distance of 422.516 feet to a point; thence extending 
north 75 d^prees 13 minutes 21 seconds west, recrossing the said 
PUBLIC LAW 100-676—NOV. 17, 1988 
102 STAT. 4033 
Bulkhead line; the distance of 690.081 feet to a point; thence extend-
ing north 6 degrees 85 minutes 30 seconds west, the distance of 
58.388 feet to a point; thence extending south 79 degrees 54 minutes 
west, the distance of 19.120 feet to a point; thence extending south 
10 degrees 6 minutes east, the distance of 4.10 feet to a point; thence 
extending south 79 degrees 54 minutes west, and crossing the bed of 
the aforementioned 30-foot-wide private driveway, the distance of 
196.802 feet to the First mentioned point and place of beginning. 
Containing in total area 374,026.6 square feet—8.58647 acres 
description of 30-foot-wide private driveway within the property of 
Pier 53 south. 
All that certain lot or piece of ground described as a 30-foot-wide 
private driveway as shown on a plan of property, situate in the 1st 
ward of the city of Philadelphia, by John Stefanco, Surveyor and 
Regulator of the Second Survey District, dated November 4, 1974 
and revised December 18, 1974. 
Beginning at an interior point formed by the intersection of the 
following 2 courses and distances: (1) north 14 degrees 46 minutes 39 
seconds east, the distance of 802.293 feet northwardly from the 
northerly side of Reed Street (50 feet wide bearing south 75 degrees 
13 minutes 21 seconds east), (2) south 75 degrees 20 minutes 21 
seconds east, the distance of 277.764 feet eastwardly from the eas-
terly side of Delaware Avenue (150 feet wide bearing north 14 
degrees 39 minutes 39 seconds east); thence extending from said 
point of beginning north 10 degrees 3 minutes west, the distance of 
173.758 feet to a point; thence extending north 14 degrees 52 min-
utes 4 seconds east, the distance of 180.551 feet to a point; thence 
extending north 17 degrees 35 minutes 1 second west, the distance of 
101.949 feet to a point on the centre line of former Washington 
Avenue (100 feet wide); thence extending along said former centre 
line of Washington Avenue, south 75 degrees 13 minutes 21 seconds 
east, the distance of 35.516 feet to a point; thence extending south 17 
degrees 35 minutes 1 second east, the distance of 91.669 feet to a 
point; thence extending south 14 degrees 52 minutes 4 seconds west, 
the distance of 182.653 feet to a point; thence extending south 1() 
degrees 3 minutes east, the distance of 167.104 feet to a point; thence 
extending south 79 degrees 54 minutes west, the distance of 30.000 
feet to the first mentioned point and place of beginning. Area of 30-
foot-wide private driveway is 13,465.2 square feet—0.30912 acres. 
All that certain lot or piece of ground with the buildings and 
improvements thereon erected, situate in the first ward of the city of 
Philadelphia and described according to a Plan of Property by Evans 
Sparks, Surveyor and Regulator of the Second Survey District, dated 
February 23,1988 as follows: Parcel "A". 
Beginning at a point on the easterly side of Delaware Avenue (150 
feet wide), located northwardly the distance of 1,100 feet 1% inches 
from the point of intersection of the northerly side of Tasker Street 
(50 feet wide) £uid the easterly side of the said Delaware Avenue; 
thence extending north 14 degrees 39 minutes 39 seconds east along 
the said easterly side of Delaware Avenue, the distance of 975 feet 1 
inch to an angle point; thence continuing along the said easterly 
side of Delaware Avenue north 14 degrees 35 minutes 09 second^ 
east, the distance of 50 feet 0 inch to a point on the center line of 
former Washington Avenue (100 feet wide), stricken from the city 
plan; thence extending south 75 degrees 14 minutes 21 seconds east 
along the center line of the said former Washington Avenue, the 
distance of 151 feet 478 inches to a point on the westerly side of a 30-
102 STAT. 4034 
PUBLIC LAW 100-676—NOV. 17, 1988 
foot-wide driveway easement; thence extending south 17 degrees 35 
minutes 01 second east along the said driveway easement, the 
distance of 102 feet 0 inch to an angle point; thence continuing along 
the said driveway easement south 14 degrees 52 minutes 04 seconds 
west, the distance of 180 feet 6% inches to an angle point; thence 
still continuing along the said driveway easement south 10 degrees 
03 minutes 00 seconds east, the distance of 131 feet IVa inches to a 
point; thence extending south 14 degrees 39 minutes 39 seconds west 
along a line, the distance of 638 feet 11 inches to a point; thence 
extending north 75 degrees 14 minutes 21 seconds west, along a line, 
the distance of 260 feet 1 Vz inches to a point on the easterly side of 
said Delaware Avenue, being the first mentioned point and place of 
beginning. 
Containing in area 246,456 square feet or 5.6579 acres. 
All that certain lot or piece of ground with the buildings and 
improvements thereon erected, situate in the first ward of the city of 
Philadelphia and described according to a Plan of Property by Evans 
Sparks, Surveyor and Regulator of the Second Survey District, dated 
February 23,1988 as follows: Parcel "B". 
Beginning at a point on the easterly side of Delaware Avenue (150 
feet wide), located northwardly the distance of 1,038 feet IVs inches 
from the point of intersection of the northerly side of Tasker Street 
(50 feet wide) and the easterly side of the said Delaware Avenue; 
thence extending north 14 degrees 39 minutes 39 seconds east along 
the said easterly side of Delaware Avenue, the distance of 62 feet 5^2 
inches to a point; thence extending south 75 degrees 14 minutes 21 
seconds east along a line, the distance of 260 feet IVz inches to a 
point; thence extending north 14 degrees 39 minutes 39 seconds east 
along a line, the distance of 638 feet 11 inches to a point on the 
westerly side of a 30 feet wide driveway easement; thence extending 
south 10 degrees 03 minutes 00 seconds east along the said driveway 
easement, the distance of 42 feet 2 inches to a point; thence extend-
ing north 79 degrees 54 minutes 00 seconds east crossing the said 
driveway easement, the distance of 146 feet 2y2 inches to a point; 
thence extending north 10 degrees 06 minutes 00 seconds west, the 
distance of 4 feet 1V4 inches to a point; thence extending north 79 
degrees 54 minutes 00 seconds east, the distance of 19 feet iy2 inches 
to a point; thence extending south 6 degrees 35 minutes 30 seconds 
east, the distance of 58 feet 4% inches to a point; thence extending 
south 75 degrees 13 minutes 21 seconds east, crossing the bulkhead 
line approved by the Secretary of War, September 10, 1940; August 
9,1909, and January 20,1891, the distance of 690 feet IVs inches to a 
point on the pierhead line of the Delaware River approved by the 
Secretary of War, September 10, 1940; August 9, 1909, and January 
20, 1891; thence extending along the said pierhead line south 1 
degree 32 minutes 57 seconds east, the distance of 386 feet 4^8 inches 
to a point; thence continuing along the said pierhead line, south 8 
degrees 55 minutes 55.5 seconds east, the distance of 491 feet 11V4 
inches to a point on the northerly side of Reed Street (50 feet wide) 
stricken from city plan and vacated and reserved as a right-of-way 
for drainage, water main and gas purposes; thence extending along 
same, north 75 degrees 13 minutes 21 seconds west, recrossing the 
said bulkhead line and 30-foot-wide driveway easement the distance 
of 632 feet 1 Vz inches to a point on the westerly side of said driveway 
easement; thence extending north 12 degrees 24 minutes 31 seconds 
west, along said driveway easement, the distence of 136 feet OV* inch 
to a point; thence extending north 14 degrees 50 minutes 59 seconds 
PUBLIC LAW 100-676-NOV. 17,1988 
102 STAT. 4035 
east, partly along a 25-foot-wide driveway easement, the distance of 
21 feet O
V
s inch to a point; thence extending north 75 degrees 13 
minutes 21 seconds west, the distance of 492 feet 11% inches to a 
point; thence extending south 14 degrees 46 minutes 39 seconds 
west, the distance of 51 feet ZVs inches to a point; thence extending 
north 64 degrees 29 minutes 30 seconds west, the distance of 259 feet 
9% inches to the easterly side of said Delaware Avenue, being the 
first mentioned point and place of beginning. 
Containing in area 785,683 square feet or 18.0368 acres. 
(2) MARINA TOWERS AND WORLD TRADE CENTER—PIER 25 NORTH. 
All that certain lot or piece of ground situate in the 5th ward, city 
of Philadelphia, Commonwealth of Pennsylvania, described in 
accordance with a Plan of Property made for Old City Harbor 
Associates Developers, by Lawrence J. Cleary, Surveyor and Regu-
lator, Third Survey District dated March 26, 1981 as follows: to wit: 
Beginning at a point on the easterly line of Delaware Avenue (150 
feet wide) located 27 degrees 52 minutes 00 seconds west, the 
distance of 119 feet 8% inches from a point of intersection of the 
easterly line of the said Delaware Avenue with the southerly line of 
Willow Street (50 feet wide) produced; thence extending along the 
easterly line of the said Delaware Avenue, the two following courses 
and distances: (1) north 27 degrees 52 minutes 00 seconds east, the 
distance of 162 feet ^Vs inches to an angle point; (2) north 15 degrees 
16 minutes 00 seconds east, the distance of 95 feet 5% inches to a 
point; thence extending south 73 degrees 55 minutes 50 seconds east, 
the distance of 18 feet 5
*
% inches to a point on the bulkhead line of 
the Delaware River approved by the Secretary of War September 10, 
1940; thence further extending south 73 degrees 55 minutes 5() 
seconds east, the distance of 515 feet 9% inches to a point on the 
pierhead line of the Delaware River approved by the Secretary of 
War September 10,1940; thence extending the following two courses 
and distances along the said pierhead line of the Delaware River 
(approved by the Secretary of War September 10,1940): (1) south 29 
degrees 05 minutes 21 seconds west, the distance of 133 feet 8% 
inches to an angle point; (2) south 19 degrees 41 minutes 36 seconds 
west, the distance of 117 feet 2 
¥2 inches to a point; thence extending 
north 74 degrees 44 minutes 00 seconds west, the distance of 504 feet 
10 inches to a point on the said bulkhead line of the Delaware River 
(approved by the Secretary of War September 10, 1940); thence 
further extending north 74 degrees 44 minutes 00 seconds west, the 
distance of 23 feet 10% inches to the first mentioned point and place 
beginning. 
Being parcels number 1 (known as pier 25 north), number 2 and 
number 3 and containing in total area 130,281.6 square feet. 
(3) MARINE TRADE CENTER—PIER 24 NORTH. 
Description of a property located on the easterly side of Delaware 
Avenue. Northwardly from the south house line of Callowhill Street 
produced (pier numbered 24 north). 
All that certain lot or piece of ground situate in the fifth ward of 
the city of Philadelphia and described in accordance with a Survey 
and Plan of Property made November 16, 1985 by Lawrence J. 
Cleary, Surveyor and R^ulator, Third Survey District, and revised 
March 22,1988 by him. 
B^inning at a point of intersection of the easterly side of Dela-
ware Avenue (150 feet wide) and the south house line of Callowhill 
Street (formerly 50 feet wide) produced; thence extending north 27 
degrees 52 minutes 00 seconds east along the said side of Delaware 
102 STAT. 4036 
PUBLIC LAW 100-676—NOV. 17, 1988 
Avenue, the distance of 340 feet 3 inches to a point; thence extend-
ing south 74 d^^rees 44 minutes 00 seconds east the distance of 23 
feet 10% inches to a point on the bulkhead line of the Delaware 
River approved by the Secretary of War, September 10,1940; thence 
extending south 74 degrees 44 minutes 00 seconds east the distance 
of 528 feet 8% inches to a point on the pierhead line of the Delaware 
River approved by the Secretary of War, September 10,1940; thence 
extending south 19 d^rees 41 minutes 36 seconds west along the 
said pierhead line the distance of 289 feet 9
V
& inches to a point on 
the said south house line of Callowhill Street produced; thence 
extending north 78 d^^rees 58 minutes 50 seconds west along the 
south house line of said Callowhill Street produced the distance of 
522 feet 8% inches to a point on the said bulkhead line; thence 
continuing along tiie said south house line of Callowhill Street 
produced north 78 d^^-ees 58 minutes 50 seconds west the distance 
of 59 feet 5VA inches to the first mentioned point and place of 
b^inning. 
Containing in area 171,171 square feet (3.9295 acres). 
(4) NATIONAL SUGAR COMPANY "SUGAR HOUSE". 
Description and Recital—block 6 north 6 lot 17—^all that certain 
land. 
Situate in the 5th ward of the city of Philadelphia, Pennsylvania 
and more particularly described as follows: 
B^inning at a point on the southeasterly side of Penn Street (60 
feet wide) which point is measured south 43 d^^rees 30 minutes west 
along the said southeasterly side of Penn Street the distance of 282 
feet 6 inches from a point formed by an intersection of the said 
southeasterly side of Penn Street and the southwesterly side of 
Laurel Street (50 feet wide); thence extending from said point of 
b^inning south 46 d^rees 30 minutes east the distance of 738 feet 
8
V
& inches to a point on the Delaware River pierhead line estab-
lished January 5,1894, approved by Secretary of War September 10, 
1940; thence extending south 48 d^rees 13 minutes 7 seconds west 
along the Delaware River pierhead line the distance of 188 feet 3% 
inches to a point; thence extending nortii 46 degrees 30 minutes west 
partly passing within the bed of a 10-foot-wide alley by deed (which 
extends northwestwardly to the said southeasterly side of Penn 
Street) the distance of 723 feet 2% inches to a point on the said 
southeasterly side of Penn Street; thence extending north 43 degrees 
30 minutes east along the said southeasterly side of Penn Street and 
crossing the bed of the said 10-foot-wide alley by deed the distance of 
187 feet 7^ inches to a point, being the first mentioned point and 
place of b^inning. 
Containing 3.148 acres, more or less, as surveyed on June 29,1981, 
by Lawrence J. Cleary, Surveyor and R^^ulator of the 3rd Dk^rict 
Together with 1,736 linear feet of track thereupon erected, made 
or being and all and every of the rights, alleys, ways, waters, 
privileges, appurtenances and advantages to the same belonging, or 
in anywise appertaining. Being known as pier 40 north. 
Being the same premises which Ralph Heller, an individual by 
deed dated November 4,1981, and recorded in Philadelphia County, 
in deed book EFP 345 page 531 conveyed unto pier 40 north associ-
ates, a Penna. Limited partnership, its successors and assigns, as 
partnership property for the uses and purposes of said partnership. 
PUBLIC LAW 100-676—NOV. 17,1988 
102 STAT. 4037 
Description of piers 41, 42, and 43 north 
- r 
All that certain lot or piece of ground situate in the fifth ward 
of the city of Philadelphia and described in accordance with a 
Topographic Survey and Plan of Property made May 23, 1988, by 
Lawrence J, Cleary, Surveyor and Regulator of the Third Survey 
District: 
Beginning at the point formed by the intersection of the easterly 
side of Penn Street (60 feet wide), and the southerly side of former 
Laurel Street (50 feet wide), stricken and reserved for drainage; 
thence extending south 46 degrees 30 minutes 00 seconds east, along 
the said southerly side of former said Laurel Street, the distance of 
190 feet 9 inches to a point on the bulkhead line established January 
5, 1894, and approved by the Secretary of War, September 10, 1940; 
thence extending south 46 degree 30 minutes 00 seconds east the 
distance of 571 feet 3 ¥4 inches to a point on the pierhead line 
established January 5, 1894, and approved by the Secretary of War, 
September 10, 1940; thence extending south 48 degrees 13 minutes 
07 seconds west along the said pierhead line the distance of 283 feet 
5V2 inches to a point; thence extending north 46 degrees 30 minutes 
00 seconds west leaving said pierhead line the distance of 546 feet 
11% inches to a point on the aforementioned bulkhead line estab-
lished January 5, 1894, and approved by the Secretary of War, 
September 10, 1940; thence extending north 46 degrees 30 minutes 
00 seconds west the distance of 191 feet SVs inches to a point on the 
easterly side of said Penn Street; thence extending north 43 degrees 
30 minutes 00 seconds east along the eeisterly side of said Penn 
Street the distance of 282 feet 6 inches to the first mentioned point 
and place of beginning. 
Description of piers 44 to 50 north, inclusive 
All that certain lot or piece of ground situate in the fifth ward of 
the city of Philadelphia and described in accordance with a Survey 
and Plan of Property made March 7, 1985 by Lawrence J. Cleary, 
Surveyor and Regulator of the Third Survey District: 
Beginning at a point of intersection formed by the northeasterly 
side of Shackamaxon Street (60 feet wide) and the southeasterly side 
of Penn Street (50 feet wide); thence extending south 22 degrees 26 
minutes 57 seconds east along the northeasterly side of the bed of 
former Shackamaxon Street (reserved for drainage purposes), the 
distance of 170 feet 8% inches to a point on the bulkhead line of the 
Delaware River (established January 5, 1894—approved by the Sec-
retary of War, September 10, 1940); thence further extending south 
22 degrees 26 minutes 57 seconds east along the northeasterly side of 
the bed of former Shackainaxon Street (subject to a right-of-way for 
sewer maintenance as provided in ordinance), the distance of 623 
feet 6% inches to a point on the pierhead line of the Delaware River 
(established January 5, 1894—approved by the Secretary of War, 
September 10, 1940); thence extending south 54 degrees 04 minutes 
10 seconds west along the said pierhead line (being also the south-
easterly head of the said former Shackamaxon Street), the distance 
of 61 feer^% inches to an angle point; thence extending south 48 
degrees 11 minutes 38 seconds west along the said pierhead line the 
distance of 385 feet 11 ¥2 inches to a point on the northeasterly side 
of Laurel Street (50 feet wide) produced; thence extending north 46 
degrees 29 minutes 00 seconds west along the northeasterly side of 
102 STAT. 4038 
PUBLIC LAW 100-676—NOV. 17, 1988 
the said Laurel Street produced, the distance of 575 feet 6% inches 
to a point on the said bulkhead line; thence further extending north 
46 degrees 29 minutes 00 seconds west along the northeasterly side 
of the said Laurel Street, the distance of 190 feet 7 inches to a point 
on the southeasterly side of Penn Street (60 feet wide); thence 
extending north 43 degrees 30 minutes 00 seconds east along the 
southeasterly side of the aforesaid Penn Street, the distance of 543 
feet 0% inch to an angle point; thence extending north 63 degrees 51 
minutes 33 seconds east along the southeasterly side of said Penn 
Street (50 feet wide), the distance of 240 feet 9 inches to the first 
mentioned point and place of beginning. 
(5) RiVERCENTER. 
Beginning at the point of intersection of the northeasterly side of 
Dyott Street (100 feet wide) with the bulkhead line established by 
the Secretary of War, September 10, 1940; thence from said point of 
beginning leaving the side of Dyott Street and extending along the 
bulkhead line the following five (5) courses and distances— 
(1) north 64 degrees 18 minutes 09 seconds east 829 feet 10 
inches to a point; 
(2) south 48 degrees 30 minutes 57 seconds east 53 feet 5% 
inches to a point; 
(3) north 64 degrees 40 minutes 52 seconds east 936 feet 8% 
inches to a point; 
(4) north 32 degrees 24 minutes 26 seconds west 149 feet 2V4 
inches to a point; 
(5) north 64 degrees 04 minutes 09 seconds east crossing a 60 
foot drainage right-of-way 296 feet 3% inches to a point on the 
southwesterly side of pier #20; 
thence extending along said southwesterly side of pier #20 15 feet 
distant and parallel with the aforementioned drainage right-of-way 
south 25 degrees 02 minutes 08 seconds east 586 feet 6% inches to a 
point on the pierhead line establii^hed by the Secretary of War, 
September 10, 1940; thence extending along the pierhead line south 
64 degrees 16 minutes 52 seconds west 2,021 feet 10 inches to a point 
on the northeasterly side of Dyott Street; thence extending along 
said northeasterly side of Dyott Street north 30 degrees 02 minutes 
52 seconds west 494 feet 9% inches to the point and place of 
beginning. 
The Secretary shall make the public interest determination sepa-
rately for each proposed project, using reasonable discretion, within 
150 days after submission of appropriate plans for each proposed 
project. 
(b) LIMITS ON APPUCABIUTY; REGULATORY REQUIREMENTS.—The 
declaration under subsection (a) shall apply only to those parts of 
the areas described in subsection (a) of this section which are or will 
be bulkheaded and filled or otherwise occupied by permanent struc-
tures, including marina facilities. All such work is subject to all 
applicable Federal statutes and regulations, including, but not nec-
essarily limited to, sections 9 and 10 of the Act of March 3, 1899 (30 
Stat. 1151; 33 U.S.C. 401 and 403), commonly known as the River 
and Harbors Appropriation Act of 1899, section 404 of the Federal 
Water Pollution Control Act, and the National Environmental 
Policy Act of 1969. 
(c) EXPIRATION DATE.—If, 20 years from the date of the enactment 
of this Act, any area or part thereof described in subsection (a) of 
this section is not bulkheaded or filled or occupied by permanent 
structures, including marina facilities, in accordance with the 
PUBLIC LAW 100-676—NOV. 17, 1988 
102 STAT. 4039 
requirements set out in subsection (b) of this section, or if work in 
connection with any activity permitted in subsection (b) is not 
commenccMl within 5 years after issuance of such permits, then the 
declaration of non-navigability for such area or part thereof shall 
expire. 
SEC 39. DECLARATION OF NONNAVIGABILITY FOR PORTIONS OF CX)NEY 
33 USC 59y. 
ISLAND CREEK AND GRAVESEND BAY, NEW YORK. 
(a) AREA TO BE DECLARED NON-NAVIGABLE; PUBUC INTEREST.— 
Unless the Secretary finds, after consultation with local and re-
gional public officials (including local and r^onal public planning 
organizations), that the proposed projects to be undertaken within 
the boundaries in the portions of Coney Island Creek and Gravesend 
Bay, New York, descrU)ed below, are not in the public interest then, 
subject to subsections (b) and (c) of this section, those portions of 
such Creek and Bay, bounded and described as follows, are declared 
to be non-navigable waters of the United States: 
Beginning at tiie comer formed by the intersection of the 
Westerly lane of Cropsey Avenue, and the Northernmost 
United States Pierhead Line of Coney Island Creek. 
Running thence south 12 d^ri^«es 41 minutes 03 seconds E and 
along the westerly line of (>opsey Avenue, 98.72 feet to the 
northerly channel line as shown on Corps of Engineers Map 
Numbered F. 150 and on Survey by Refers and Giollorenzo 
Numbered 13959 dated October 31,1986. 
Running thence in a westerly direction and along the said 
northerly channel line the following bearings and distances: 
South 48 d^rees 59 minutes 27 seconds west, 118.77 feet; 
south 37 d^rees 07 minutes 01 seconds west, 232.00 feet; south 
23 d^rees 17 minutes 10 seconds west, 430.03 feet; south 31 
d^rees 25 minutes 46 seconds west, 210.95 feet; south 79 de-
grees 22 minutes 49 seconds west, 244.18 feet; north 55 d^rees 
00 minutes 29 seconds west, 183.10 feet; north 41 degrees 47 
minutes 04 seconds west, 315.16 feet; 
North 41 d^rees 17 minutes 43 seconds west, 492.47 feet to 
the said Pierhead Line; thence north 73 d^rees 58 minutes 40 
seconds west and along said pierhead line, 2,665.25 feet to the 
intersection of the United States bulkhead line; 
Thence north 0 d^ree 19 minutes 35 seconds west and along 
the United States Bulkhead line 1,138.50 feet to the intersection 
of the westerly prolongation of the center line of 26th Avenue, 
Thence nortti 58 d^rees 25 minutes 06 seconds east and along 
the center line of said 26th Avenue, 2,320.85 feet to the westerly 
line of Cropsey Avenue, then southeasterly and along the 
southerly line of Cropsey Avenue the following bearings and 
distances: 
South 31 d^rees 34 minutes 54 seconds east, 4,124.59 feet; 
and 
South 12 d^rees 41 minutes 03 seconds east, 710.74 feet to the 
point or place of b^inning. 
Coordinate and bearings are in the system as established by the 
United States Coast and Geodetic Survey for the Borough of Brook-
lyn. The Secretary shall make the public interest determination 
separately for each proposed project, using reasonable discretion, 
within 150 days after submission of appropriate plans for each 
proposed project 
102 STAT. 4040 
PUBLIC LAW 100-676—NOV. 17, 1988 
Energy. 
42 use 1962d-5g 
note. 
Energy. 
42 use 1962d-5g 
note. 
(b) LIMITS ON APPUCABILTTY; REGULATORY REQUIREMENTS.—The 
declaration under subsection (a) shall apply only to those parts of 
the areas described in subsection (a) of this section which are or will 
be bulkheaded and filled or otherwise occupied by permanent struc-
tures, including marina facilities. All such work is subject to all 
applicable Federal statutes and regulations, including, but not nec-
essarily limited to, sections 9 and 10 of the Act of March 3,1899 (30 
Stat. 1151; 33 U.S.C. 401 and 403), commonly known as the River 
and Harbors Appropriation Act of 1899, section 404 of the Federal 
Water Pollution Control Act, and the National Environmental 
Policy Act of 1969. 
(c) EXPIRATION DATE.—If, 20 years from the date of the enactment 
of this Act, any area or part thereof described in subsection (a) of 
this section is not bulkheaded or filled or occupied by permanent 
structures, including marina facilities, in accordance with the 
requirements set out in subsection O
t
>
) of this section, or if work in 
connection with any activity permitted in subsection O
t
)
) is not 
commenced within 5 years after issuance of such permits, then the 
declaration of non-navigability for such area or part thereof shall 
expire. 
SEC. 40. EXTENSION OF MODIFIED WATER DELIVERY SCHEDULES, EVER-
GLADES NATIONAL PARK. 
The first sentence of section 1302 of the Supplemental Appropria-
tions Act, 1984 (97 Stat. 1292-1293) is amended by striking out 
"January 1, 1989" and inserting in lieu thereof "January 1, 1992". 
SEC. 41. PERIOD OF ENVIRONMENTAL DEMONSTRATION PROGRAM. 
(a) EXTENSION OF PERIOD.—Section 1135(b) of the Water Resources 
Development Act of 1986 (33 U.S.C. 2294 note) is amended by 
striking out "two-year period" and inserting in lieu thereof "5-year 
period . 
(b) REPORTS.—Section 1135(d) of such Act is amended by striking 
out "two years" and inserting in lieu thereof "5 years". 
SEC. 42. FEDERAL HYDROELECTRIC POWER MODERNIZATION STUDY. 
(a) STUDY.—The Secretary shall conduct a study of the need to 
modernize and upgrade the federally owned and operated hydro-
electric power system. 
0>) RQ>ORT.—Not later than 2 years after the date of the enact* 
ment of this section, the Secretary shall transmit to Congress a 
report on the results of the study conducted under subsection (a) 
together with recommendations. 
SEC. 43. WATER QUALITY EFFECTS OF HYDROELECTRIC FACILITIES. 
(a) STUDY.—The Secretary, in cooperation with the Administrator 
of the Environmental Protection Agency, shall undertake a study of 
the water quality effects of hydroelectric facilities owned and oper-
ated by the Corps of Engineers. Such study shall be transmitted to 
Congress within 2 years of the date of the enactment of this Act and 
shall consider and include information for each such Corps of 
Engineers hydroelectric facility pertaining to: relevant water qual-
ity stcmdards including dissolved oxygen; water quality monitoring 
data; possible options and projected costs of measures required to 
improve the quality of water released from each such facility where 
justified; and recommendations with respect to such study results. 
PUBLIC LAW 100-676—NOV. 17, 1988 
102 STAT. 4041 
(b) LIMITATIONS.—Nothing in this section shall convey to any 
agency of the Federal Government any new authority with respect 
to the allocation or release of water from Federal reservoirs. Fur-
ther, nothing in this section is designed or intended to affect any 
present or future legal actions or proceedings. 
SEC. 44. GAO REVIEW OF CIVIL WORKS PROGRAM. 
The Comptroller General of the United States General Account-
ing Office is authorized and directed to conduct a review of the Civil 
Works Program of the United States Army Corps of Engineers. This 
management and administration review shall be transmitted to 
Congress, together with any recommendations which the Comptrol-
ler General may make. 
SEC. 45. DES PLAINES RIVER WETLANDS DEMONSTRATION PROJECT 
Research and 
AUTHORIZATION. 
development. 
33 use 2300 
(a) RESTORATION OP WETLANDS.—The Secretary is authorized to note. 
carry out a project to construct, and engage in other activities, 
necessary for the restoration of wetlands, of sufficient scale, for 
research and demonstration purposes adjacent to the Des Plaines 
River in Wadsworth, Illinois. The non-Federal interest shall agree— 
(1) to provide, without cost to the United States, all lands, 
easements, and rights-of-ways necessary for construction and 
subsequent research and demonstration work; 
(2) to hold and save the United States free from damages due 
to construction, operation, and maintenance of the project, 
except damages due to the fault or negligence of the United 
States or its contractors; and 
(3) after the completion of the research work, to operate and 
maintain the restored wetlands in accordance with good 
management practices. 
The value of the non-Federal lands, easements, rights-of-way, and 
relocations provided by the non-Federal interests, shall be credited 
toward the non-Federal share of project construction costs. The non-
Federal share of project construction costs shall be 25 percent, 
(b) AUTHORIZATION OF APPROPRIATION.—There are authorized to 
be appropriated to the Secretary $2,200,000 for the period of fiscal 
years 1990 through 1994 to carry out this section. 
(c) PURPOSES.—The project authorized by this section shall— 
(1) define the wetland functions expected to be restored and 
maintained giving due consideration to site specific climatic, 
topographic, hydrologic, and edaphic conditions; 
(2) conduct research to establish the critical relationships 
between the land, water, and biotic factors responsible for the 
defined wetland functions; 
(3) establish and report design and construction procedures 
necessary to create the defined wetland functions throughout 
similar climatic areas and identify and report these wetland 
functions; 
(4) create or restore sustainable wetlands which will serve as 
examples of the benefits and aesthetics of wetland landscapes; 
and 
(5) secure the long-term commitment from a State or local 
agency for the maintenance of the wetlands following the re-
search work. 
(d) REPORT.—The Secretary shall report to Congress on the degree 
of progress achieved in carrying out the project under this section. 
102 STAT. 4042 
PUBLIC LAW 100-676—NOV. 17, 1988 
Reports. 
Reports. 
Reports. 
Federal 
Register, 
publication. 
33 use 988 note. 
SEC 4I>. KISSIMMEE RIVER, FLORIDA. 
The Secretary is directed to proceed with work on the Kissimmee 
River demonstration project, Florida, pursuant to section 1135 of the 
Water Resources Development Act of 1986. 
SEC 47. WATER RESOURCES STUDIES. 
(a) INTERNAL DRAINAGE SYSTEM, FROG POND AGRICULTURAL AREA, 
FLORIDA.—^The Secretary shall conduct a study for the purpose of 
determining the need for an internal drainage system in the Frog 
Pond agricultural area of south Dade County, Florida. Within 1 year 
after f£e date of the enactment of this Act, the Secretary shall 
submit to Congress a reconnaissance report on the need for such 
system. 
(b) BARTLETT, ILLINOIS.—^Before issuing a permit under section 404 
of the Federal Water Pollution Control Act for a proposed municipal 
landfill in the vicinity of Bartlett, Illinois, the Secretary shall 
consider the impact of such landfill on the Newark Valley Aquifer 
and on the ability of water froia such Aquifer to dilute for purposes 
of drinking water supply naturally occurring radium in ground-
water. Before issuing such permit, the Secret^uy shall consult with 
the Administrator of the EInvironmental Protection Agency with 
respect to the impact of such landfill on the Newark Valley Aquifer. 
Such consultation shall occur within 45 days after the date of the 
issuance, when and if made, of the Illinois water quaUty certifi-
cation of such landfill pursuant to section 401 of such Act and shall 
include the Administrator's analysis of the permit record of the 
Illinois Environmental Protection .^^n^r with respect to the water 
quality impacts of such landfill. Withm 90 days of receiving a 
completed appUcation for a permit under section 404 of such Act, 
including such Illinois water qusdity certification, the Secretary 
shall report to Congress on the impact of such landfill on the 
Newark Valley Aquifer. The provisions of this subsection shall not 
constitute an afifinnative requirement for the Secretary to expand 
upon the existing permit record as prepared by the Illinois Environ-
mental Protection Agency. 
(c) BLUESTONE LAKE, WEST VIRGINIA.— 
(1) IN GENERAL.—^The Secretary, in cooperation with the Sec-
retaiy of the Interior, is authoraed and directed to conduct a 
study and prepare a report on modifying the operation of the 
Blu^ttone Lake project. West Virginia, in order to facilitate the 
protection and enhancement of biological resources and rec-
reational use of waters downstream from the project. Specific 
consideration shall be given in the study to all feasUile means of 
improving flows from such project during periods when flows 
from the lake are less than 3,000 cubic feet per second, except 
that the study shall not consider project operation adjustments 
which entail major construction modifications at the project. 
(2) NOTICE AND COMMENTS.—^The Secretary shall publish 
notice of the proposed study under this subsection in the Fed-
eral Roister within 3 months after the date of the enactment of 
this Actand shall consider any written comments r^arding the 
scope of the study which are submitted during the 60-day period 
after publication of such notice. 
(3) FINAL REPORT.—^Not later than 18 months after the date of 
the enactment of this Act, the final report on the results of the 
study under this subsection shall be transmitted to Congress. 
(d) GREAT LAKES AND SAINT LAWRENCE SEAWAY.— 
PUBLIC LAW 100-676—NOV. 17, 1988 
102 STAT. 4043 
(1) STUDY OF FINANCING NAVIGATIONAL IMPROVEMENTS.—The 
Secretary, in cooperation with other Federal agencies and pri-
vate persons, is authorized and directed to contract with an 
independent party to conduct a study of cost recovery options 
and alternative methods of financing navigational improve-
ments on the Great Lakes connecting channels and Saint Law-
rence Seaway, including modernization of the Eisenhower and 
Snell Locks of the Saint Lawrence Seaway. 
(2) REPORT.—Not later than 18 months after the date of the 
enactment of this Act, the Secretary shall transmit to Congress 
a report on the results of the study carried out under this 
subsection together with recommendations. 
(3) COST SHARING.—The non-Federal share of the cost of the 
study under this subsection shall be 50 percent; except that not 
more than 1/2 of such non-Federal share may be made by the 
provision of services, materials, supplies, or other in-kind serv-
ices necessary to carry out the study. 
SEC. 48. DIVISION LABORATORY. 
The Secretary is authorized to construct a new division laboratory 
at an estimated cost of $2,400,000, for the United States Army 
Engineer Division, Ohio River. Such laboratory shall be constructed 
on a suitable site, which the Secretary is authorized to acquire for 
such purpose. 
SEC. 49. WATER RESOURCES MANAGEMENT PLANNING SERVICE FOR THE 
HUDSON RIVER BASIN. 
The Secretary is directed to establish a water resources manage-
ment and planning service for the Hudson River Basin in New York 
and New Jersey. There is authorized to be appropriated $400,000 
annually for the purpose of providing the two States a full range of 
services for the development and implementation of State and local 
water resource initiatives. 
SEC. 50. TECHNICAL RESOURCE SERVICE, RED RIVER BASIN, MINNESOTA 
AND NORTH DAKOTA. 
The Secretary is directed to establish a Technical Resource Serv-
ice for the Red River Basin in Minnesota and North Dakota. There 
is authorized to be appropriated $500,000 annually for the purpose 
of providing to such States a full range of technical services for the 
development and implementation of State and local water and 
related land resources initiatives within the Red River Basin and 
suh;basins. The Technical Resource Service is to be provided in 
addition to related services provided under authority of section 206 
of the River and Harbor and Flood Control Act of 1960 and section 
22 of the Water Resources Development Act of 1974. 
SEC. 51. CORRECTION OF DESCRIPTIONS. 
(a) HUDSON RIVER, NEW YORK.—That portion of Public Law 100-
202 designated as the Energy and Water Development Appropria-
tion Act, 1988 is amended by striking out the undesignated para-
graph beginning "The following portion of the Hudson River and 
ending "the States of New York and New Jersey." (101 Stat. 1329-
109) and inserting in lieu thereof the following: 
"The following portion of the Hudson River in the Borough of 
Manhattan, New York County, State of New York, is hereby 
declared not to be part of the federally authorized Channel Deepen-
Contracts. 
Appropriation 
authorization. 
Appropriation 
authorization. 
102 STAT. 4044 
PUBLIC LAW 100-676—NOV. 17, 1988 
ing Project; that portion of the Hudson River and land thereunder 
more particularly bounded and described as follows: Beginning at a 
point in the United States Pierhead Line approved by the Secretary 
of War on July 31, 1941, such point having a coordinate of north 
4,677.56 feet and west 11,407.92 feet and running: (1) northerly along 
such Pierhead Line on a bearing of north 21 degrees 01 minutes 53 
seconds west for a distance of 700 feet to a point; thence (2) westerly 
at right angles to such Pierhead Line on a bearing of south 68 
degrees 58 minutes 07 seconds west for a distance of 200 feet to a 
point; thence (3) southerly and parallel with such Pierhead Line on 
a bearing of south 21 degrees 01 minutes 53 seconds east for a 
distance of 700 feet to a point; thence (4) easterly at right angles to 
such Pierhead Line on a bearing of north 68 degrees 58 minutes 07 
seconds east for a distance of 200 feet to the point of beginning. 
Bearings and coordinates are in the system used on the Borough 
Compacts 
Survey, Borough President's Office, Manhattan, This declaration 
between^tates. 
shall apply to all or any part of such described area used or needed 
New Jersey. 
fQj. j^g^ York harbor passenger ferry boat service as such may be 
operated by or contracted for operation by a bistate agency created 
by compact between the States of New York and New Jersey.". 
(b) MiANUs RIVER, CONNECTICUT.—Section 10060?) of the Water 
Resources Development Act of 1986 (100 Stat. 4223) is amended— 
(1) in paragraph (2) by striking out "coordinates N14296.251" 
and inserting in lieu thereof "coordinate: N14296.451"; and 
(2) in paragraph (3)— 
(A) by striking out "64 seconds West" and inserting in 
lieu thereof "54 seconds West"; and 
(B) by striking out "coordinate: N13970.8" and inserting 
in lieu thereof "coordinate: N13970.81". 
SEC. 52. PROJECT DEAUTHORIZATIONS. 
33 u s e 579a 
(a) EXTENSION OF LIMITATION ON PERIOD OF AUTHORIZATION.— 
note. 
(1) PROJECTS IN THIS ACT.—The provisions of section 1001(a) 
and section 1001(c) of the Water Resources Development Act of 
1986 shall apply to the projects authorized for construction by 
this Act, except that the 5-year period during which funds must 
be obligated to prevent deauthorization shall begin on the date 
of the enactment of this Act. 
(2) PROJECTS THEREAFTER.—The provisions of section 1001(a) 
and section 1001(c) of the Water Resources Development Act of 
1986 shall also apply to projects authorized for construction 
subsequent to this Act, except that the 5-year period during 
which funds must be obligated to prevent deauthorization shall 
begin on the date of the authorization of such projects. 
(b) SPECIFIED PROJECTS.—The following projects are not authorized 
after the date of the enactment of this Act, except with respect to 
any portion of such a project which portion has been completed 
before such date of enactment or is under construction on such date 
of enactment: 
(1) ROCKLAND LAKE, TEXAS.—The Rockland Lake water re-
sources project, Texas, authorized by section 2 of the Act 
entitled "An Act authorizing the construction, repair, and 
preservation of certain public work on rivers and harbors, and 
for other purposes", approved March 2, 1945 (59 Stat. 18). 
(2) WHITE RIVER NAVIGATION TO BATESVILLE, ARKANSAS.—The 
project for navigation. White River Navigation to Batesville, 
PUBLIC LAW 100-676—NOV. 17, 1988 
102 STAT. 4045 
Arkansas, authorized by section 601(a) of the Water Resources 
Development Act of 1986 (100 Stat 4139). 
(3) CHICAGO RIVER TURNING BASIN, CHICAGO HARBOR, ILU-
NOis.—^The inner basin of Chicago Harbor, Illinois, known as 
the Chicago River Turning Basin, authorized by the first section 
of the Act entitled ''An Act making appropriations for the 
repair, preservation, and completion of certain public works on 
rivers and harbors, and for other purposes, for the fiscal year 
ending June 30, 1871", approved July 11, 1870 (16 Stat. 226). 
(c) ALGOBIA, WISCONSIN, OUTER HARBOR.— 
(1) DBAUTHORIZATION.—Except as provided in paragraph (2), 
the outer harbor basin feature of the navigation project for 
Algoma, Wisconsin, authorized by the Act entitled "An Act 
making appropriations for construction, repair, and preserva-
tion of certain pubUc works on rivers and harbors, and for other 
purposes", approved March 2, 1907 (34 Stat. 1101), is not au-
thorized after the date of the enactment of this Act. 
(2) RETENTION OF IMIAINTENANCE RESPONSIBILITIES FOR BREAK-
WATERS AND CHANNEL.—^The Secretary shall retain aU respon-
sibiUties of the Secretary existing on the date of the enactment 
of this Act for maintenance of the breakwaters and channel of 
the harbor at Algoma, Wisconsin. 
(d) CONTINUATION OF PROJECT AUTHORIZATIONS.—Notwithstandii^ 
state listing. 
section lOOKbXD of the Water R^M>urces Development Act of 1986 
(33U.S.C.579a(bXl))-
(1) the navigation project for Monterey Harbor (Monterey 
Bay), California, authorized by section 101 of the River and 
Harbor Act of 1960 (74 Stat 483), 
(2) the navigation project for the North Branch of the Chicago 
River, Illinois, authorized by the first section of the Act entitled 
"An Act authorizing the construction, repair, and preservation 
of certain public works on rivers and harbors, and for other 
purposes", approved July 24,1946 (60 Stat 636), 
(3) the element of the Missouri River Basin Project authorized 
by section 228 of the River and Harbor Act of 1970, and 
(4) the navigation project for the James River, Virginia, 
authorized by section 101 of the River and Harbor Act of 1962 
(76 Stat 1174), 
shall remain authorized after December 31,1989. Such projects and 
elements shall not be authorized for construction after the last day 
of the 5-year period b^inning on the date of the enactment of this 
Act unless during such period funds have been obligated for 
construction, including planning and designing, of such projects and 
elements. 
(e) NOTICE.—The Secretary shall publish in the Federal Roister 
notice as to any project which would no longer have been authorized 
pursuant to the provisions of section 1001 of the Water Resources 
Development Act of 1986 or subsection (a) of this section but re-
mains authorized due to enactment of law by Congress. 
SEC53.NAMINGS. 
(a) VENTURA HARBOR.— 
(1) DESIGNATION.—^The harbor commonly known as Ventura 
California. 
Marina, located in Ventura County, California, and adopted and 
authorized by section 101 of Public Law 90-483, shall hereafter 
be known and designated as "Ventura Harbor". 
Federal 
Register, 
publication. 
102 STAT. 4046 
PUBLIC LAW 100-676—NOV. 17, 1988 
Kentucky. 
Tennessee. 
33 u s e 59z. 
(2) LEGAL REFERENCES.—A reference in any law, map, regula-
tion, document, record, or other paper of the United States to 
such Harbor shall be deemed to be a reference to "Ventura 
Harbor". 
(b) ELVIS STAHR HARBOR, PORT OP HICKMAN.— 
(1) DESIGNATION.—The harbor located on the Mississippi 
River at Hickman, Kentucky, known as the Port of Hickman, 
shall hereafter be known and designated as the "Elvis Stahr 
Harbor, Port of Hickman". 
(2) LEGAL REFERENCE.—A reference in any law, map, regula-
tion, document, record, or other paper of the United States to 
such harbor shall hereafter be deemed to be a reference to the 
"Elvis Stahr Harbor, Port of Hickman". 
(c) ED JONES BOAT RAMP.— 
(1) DESIGNATION.—The boat ramp to be constructed on the 
Mississippi River in Lauderdale County, Tennessee, shall be 
known and designated as the "Ed Jones Boat Ramp". 
(2) LEGAL REFERENCE.—A reference in any law, map, regula-
tion, document, record, or other paper of the United States to 
such boat ramp shall be deemed to be a reference to the "Ed 
Jones Boat Ramp". 
SEC. 54. DECLARATION OF NONNAVIGABILITY OF BODIES OF WATER IN 
RIDGEFIELD, NEW JERSEY. 
The three bodies of water located at block 4004, lots 1 and 2, and 
block 4003, lot 1, in the Borough of Ridgefield, County of Bergen, 
New Jersey, which have their mouths at the Hackensack River at 40 
degrees 49 minutes 58 seconds north latitude and 74 degrees 01 
minute 46 seconds west longitude, 40 degrees 49 minutes 46 seconds 
north latitude and 74 degrees 01 minute 55 seconds west longitude, 
and 40 degrees 49 minutes 35 seconds north latitude and 74 degrees 
02 minutes 04 seconds west longitude, respectively, and the body of 
water located at block 4006, lot 1, in the Borough of Ridgefield, 
County of Bergen, New Jersey, which has its mouth at the Hacken-
sack River at 40 degrees 49 minutes 15 seconds north latitude and 74 
degrees 01 minute 52 seconds west longitude, are declared to be 
nonnavigable waterways of the United States within the meaning of 
the General Bridge Act of 1946 (33 U.S.C. 525 et seq.) and section 9 of 
the Act of March 3, 1899 (30 Stat. 1151; 33 U.S.C. 401), commonly 
known as the River and Harbors Appropriation Act of 1899. 
Approved November 17, 1988. 
LEGISLATIVE HISTORY—S. 2100 (H.R. 5247): 
HOUSE REPORTS: No. 100-913 accompanying H.R. 5247 (Comm. on Public Works 
and Transportation) and No. 100-1098 (Comm. of Conference). 
SENATE REPORTS: No. 100-313 (Comm. on Environment and Public Works). 
CONGRESSIONAL RECORD, Vol. 134 (1988): 
April 26, considered and p£issed Senate. 
Sept. 30, H.R. 5247 considered and passed House; proceedings vacated and 
S. 2100, amended, pEissed in lieu. 
Oct. 20, Senate agreed to conference report. 
Oct. 20, 21, House considered and agreed to conference report.