Water Resources Development Act
PL 93-251 (H.R.10203), enacted 03/07/1974

12 
PUBLIC LAW 93-251-MAR. 7, 1974 
[88 STAT. 
March 7, 1974 
[H. R. 10203] 
Water resources 
development; river 
basin monetary 
authorizations. 
Water Resources 
Development Act 
of 1974. 
Public Law 93-251 
AN ACT 
Authorizing the construction, repair, and preservation of certain public works 
on rivers and harbors for navigation, 
flood 
control, and for other purposes. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ 
TITLE I—WATEK EESOURCES DEVELOPMENT 
SEC. 1. (a) The Secretary of the Army, acting through the Chief of 
Engineer's, is hereby authorized to undertake the phase I design 
memorandum stage of advanced engineering and design of the follow-
ing multi-purpose water resources development projects, substantially 
in accordance with, and subject to the conditions recommended by the 
Chief of Engineers in, the reports hereinafter designated. 
MIDDLE ATLANTIC COASTAL AREA 
The project for hurricane-flood protection at Virginia Beach, Vir-
ginia: House Document Numbered 92-365, at an estimated cost of 
$954,000. 
J A M E S RIVER BASIN 
The project for flood protection for the city of Buena Vista on the 
Maury River, Virginia: House Document Numbered 93-56, at an 
estimated cost of $665,000. 
SALT RIVER 
BASIN 
The project for Camp Ground Lake on Beech Fork in the Salt River 
Basin, Kentucky, for flood protection and other purposes: House 
Document Numbered 92-374, at an estimated cost of $330,000. 
PASCAGOULA RIVER BASIN 
The project for flood protection and other purposes on Bowie 
Creek, Mississippi: House Document Numbered 92-359, at an esti-
mated cost of $390,000. 
PEARL RIVER 
BASIN 
The project for flood control and other purposes on the Pearl River, 
Mississippi: House Document Numbered 92-282, at an estimated cost 
of $310,000. 
UPPER MISSISSIPPI RIVER 
BASIN 
The project for flood control and other purposes on the Zumbro 
River at Rochester, Minnesota: Report of the Chief of Engineers 
dated June 7, 1973, in House Document Numbered 93-156, at an esti-
mated cost of $150,000. 
LOWER MISSISSIPPI RIVER BASIN 
The project for Greenville Harbor, Greenville, Mississippi: Senate 
Document Numbered 93-38, at an estimated cost of $200,000, 
The project for flood protection for the east bank of the Mississippi 
River, Warren to Wilkinson Counties, Mississippi (Natchez area) : 
House Document Numbered 93-148, at an estimated cost of $150,000. 
The project for flood control and other purposes on the east bank 
of the Mississippi River, Warren to Wilkinson Counties, Mississippi 
88 STAT, ] 
PUBLIC LAW 93-251-IVlAR. 7, 1974 
13 
(Vicksburg-Yazoo area): House Document Numbered 93-149, at an 
estimated cost of $150,000. 
The project for flood control and other purposes for the Bushley 
Bayou area of the Red River backwater area, Louisiana: House Docu-
ment Numbered 93-157, at an estimated cost of $300,000. 
PEE DEE RIVER 
BASIN 
The project for flood control and other purposes on Roaring River 
Reservoir, North Carolina: in accordance with the recommendations 
of the Secretary of the Army in his report dated April 12, 1971, on 
the Development of Water Resources in Appalachia, at an estimated 
cost of $400,000. 
ALTAMAHA RIVER 
BASIN 
The project for flood control and other purposes at Curry Creek 
Reservoir, Georgia: in accordance with the recommendations of the 
Secretary of the Army in his report dated April 12, 1971, on the 
Development of Water Resources in Appalachia, at an estimated cost 
of $400,000. 
COOSA RIVER 
BASIN 
The project for flood control and other purposes at Dalton Reservoir, 
Conasauga River, Georgia: in accordance with the recommendations 
of the Secretary of the Army in his report dated April 12, 1971, on 
the Development of Water Resources in Appalachia, at an estimated 
cost of $440,000. 
GUADALUPE RIVER BASIN 
^ 
The project for flood control and other purposes on the Blanco River 
at Clopton Crossing, Texas: House Document Numbered 92-364, at 
an estimated cost of $177,000. 
ARKANSAS RIVER BASIN 
The project for flood protection and other purposes on the Arkansas 
| 
River and tributaries above John Martin Dam, Colorado: House 
Document Numbered 93-143, at an estimated cost of $1,140,000. 
SPRING RIVER 
BASIN 
The project for flood control and other purposes on Center Creek 
near Joplin, Missouri: House Document Numbered 92-361, at an 
estimated cost of $150,000. 
COLUMBIA RIVER BASIN 
The project for installation of power generating facilities at the 
Libby Reregulating Dam, Kootenai River, Montana: Senate Docu-
ment Numbered 93-29, at an estimated cost of $75,000. 
UMPQUA RIVER 
BASIN 
The project for flood protection and other purposes at the Days' 
Creek Dam, South Umpqua River, Oregon: House Document Num-
bered 92-371, at an estimated cost of $400,000. 
(b) The Secretary of the Army is authorized to undertake advanced 
engineering and design for the projects in subsection (a) of this section 
after completion of the phase I design memorandum stage of such 
projects. Such advanced engineering and design may be undertaken 
only upon a finding by the Chief of Engineers, transmitted to the neers,transmittal 
to congressional 
Finding by 
Chief of Engi-
committees. 
14 
PUBLIC LAW 93-251-MAR. 7, 1974 
[88 STAT. 
Appropriation. 
33 u s e 701c 
note, 701-1 note. 
Committees on Public Works of the Senate and House of Representa-
tives, that the project is without substantial controversy, that it is 
substantially in accordance with and subject to the conditions recom-
mended for such project in this section, and that the advanced engi-
neering and design will be compatible with any project modifications 
which may be under consideration. There is authorized to carry out 
this subsection not to exceed $5,000,000. No funds appropriated under 
this subsection may be used for land acquisition or commencement of 
construction. 
SEC. 2. Sections 201 and 202 and the last three sentences in section 
203 of the Flood Control Act of 1968 shall apply to all projects author-
ized in this section. The following works of improvement for the bene-
fit of navigation and the control of destructive floodwaters and other 
purposes are hereby adopted and authorized to be prosecuted by the 
Secretary of the Army, acting through the Chief of Engineers, in 
accordance with the plans and subject to the conditions recommended 
by the Chief of Engineers in the respective reports hereinafter 
designated. 
DELAWARE RIVER BASIN 
The project for local flood protection on Wabash Creek, Borough 
of Tamaqua, Pennsylvania: In accordance with the recommendations 
of the Secretary of the Army in his report dated April 12, 1971, on 
the Development of Water Resources in Appalachia, at an estimated 
cost of $2,355,000. 
CHARLES RIVER WATERSHED 
The project for flood control and other purposes in the Charles 
River Watershed, Massachusetts: Report of the Chief of Engineers 
dated December 6,1972, at an estimated cost of $7,340,000. 
Land acquisi-
tion. 
62 Stat. 1178. 
80 Stat. 1423. 
Plans, approval. 
UPPER MISSISSIPPI RIVER BASIN 
The project for flood control and other purposes at Prairie du 
Chien, Wisconsin: Report of the Chief of Engineers dated February 
9,1972, at an estimated cost of $1,840,000. 
SEC. 3. (a) The West Tennessee tributaries feature, Mississippi 
River and tributaries project (Obion and Forked Deer Rivers), Ten-
nessee, authorized by the Flood Control Acts approved June 30, 1948, 
and November 7, 1966, as amended and modified, is hereby further 
amended to authorize the Secretary of the Army, acting through the 
Chief of Engineers, to acquire thirty-two thousand acres of land for 
the mitigation of fish and wildlife resources, recreation, and environ-
mental purposes. Such lands shall be made available for public use, 
consistent with good wildlife management practices. 
(b) Due to the urgency of completion of the West Tennessee trib-
utaries feature and the necessity to preserve wildlife habitat, the Sec-
retary of the Army, acting through the Chief of Engineers, is hereby 
authorized to enter immediately into leasehold agreements, accept 
donations, acquire by direct purchase, and to institute eminent domain 
proceedings to insure the preservation of the necessary lands in their 
natural state and to further the objectives of this section, 
(c) Final details and designs of this mitigation feature shall consist 
of plans approved by the Secretary of the Army, the Secretary of the 
Interior, and the Governor of the State of Tennessee after consulta-
tion with the Tennessee Game and Fish Commission prior to the con-
veyance by the Secretary of the Army to the State of Tennessee as 
provided in subsection (d). 
88 STAT, ] 
PUBLIC LAW 93-251-IVlAR. 7, 1974 
15 
(d) The Secretary of the Army is authorized and directed to con-
vey without monetary consideration, to the State of Tennessee all 
right, title, and interest of the United (States in the lands and develop-
ments acquired under the authority of this section. Prior to such con-
veyance the State of Tennessee or its appropriate designee shall agree 
in writing in accordance with the provisions of section 221 of the Flood 
Control Act of 1970, to operate, maintain, and manage the agreed-
upon mitigation lands and developments at no expense to the United 
States. In addition, the deed of conveyance to the lands and develop-
ments shall provide that they shall continue to be used for wildlife 
purposes in accordance with the plans of subsection (b) and the title 
to such lands or developments, which have been provided at Federal 
expense under the authority of this subsection shall revert to the United 
States if they cease to be used for such purposes. 
(e) Not less than 20 per centum of the funds appropriated each 
fiscal year for the construction of the West Tennessee tributaries fea-
ture, Mississippi River and tributaries project, shall be expended to 
implement the mitigation program authorized by this section, until 
the entire amount of funds authorized by this section has been 
expended. 
(f) The sum of $6,600,000 is hereby authorized to be appropriated 
to carry out the purposes of this section, and such sum shall be in 
addition to funds previously authorized for the West Tennessee tribu-
taries feature. 
SEC. 4. The project for beach erosion control on Ediz Hook at Port 
Angeles, Washington, is authorized substantially in accordance with 
the recommendations of the Chief of Engineers in House Document 
Numbered 93-101, at an estimated cost of $4,553,000. The Secretary of 
the Army, acting through the Chief of Engineers is authorized to 
undertake, in connection with such project, such emergency interim 
measures as may be necessary to prevent the breaching of Ediz Hook 
prior to construction of the authorized project. 
SEC. 5. The project for flood control, water supply, and related pur-
poses, in the Pocatalico River Basin, West Virginia, is hereby author-
ized substantially in accordance with the recommendations contained 
in the Pocatalico River Basin joint study interim report prepared by 
the Corps of Engineers and the Soil Conservation Service, at an 
estimated cost of $3,568,900, with the funds to be appropriated for 
use by the Secretary of Agriculture, contingent upon project approval 
by the President. 
SEC. 6. Section 103 of the River and Harbor Act of 1970 is amended 
to read as follows: 
"SEC. 103. The cost of operation and maintenance of the general 
navigation features of small boat harbor projects shall be borne by 
the United States. This section shall apply to any such project author-
ized (A) under section 201 of the Flood Control Act of 1965, (B) 
under section 107 of the River and Harbor Act of 1960, (C) between 
January 1, 1970, and December 31, 1970, under authority of this Act, 
and to projects heretofore authorized in accordance with the policy set 
forth in the preceding sentence and to such projects authorized in this 
Act or which are hereafter authorized." 
SEC. 7. (a) Section 116(a) of the River and Harbor Act of 1970 
(Public Law 91-611) is amended by inserting before the period the 
following: ", and thereafter to maintain such channel free of such 
trees, roots, debris, and objects". 
(b) Section 116(c) of the River and Harbor Act of 1970 (Public 
Law 91-611) is amended by inserting before the period the following: 
"to clear the channel, and not to exceed $150,000 each fiscal year there-
after to maintain such channel". 
State of 
Tennessee, land 
conveyance. 
42 u s e 1962d-
5b. 
Appropriation. 
Port Angeles, 
Wash., project. 
Pocatalico 
River Basin, 
W. Va., project. 
84 Stat. 1819. 
42 u s e 1962d-5. 
33 u s e 577. 
ehicago River, 
111., channel 
clearance. 
84 Stat. 1822. 
16 
PUBLIC LAW 93-251-MAR. 7, 1974 
[88 STAT. 
84 Stat. 1822. 
San Francisco 
Bay-Delta Model, 
Calif., operation. 
42 u s e 1962d-
1 5 . 
McClellan-Kerr 
Arkansas River 
navigation system, 
Surveys. 
84 Stat. 1830. 
64 Stat. 168. 
Project review. 
List, submittal 
to Congress. 
33 u s e 579. 
(c) Section 116(b) of the River and Harbor Act of 1970 (Public 
Law 91-611) is amended by adding at the end thereof the following: 
"Non-Federal interests shall pay 25 per centum of the cost of maintain-
ing the channel free of trees, roots, debris, and objects." 
SEC. 8. The Secretary of the Army, acting through the Chief of 
Engineers, is authorized to operate and maintain the San Francisco 
Bay-Delta Model in Sausalito, California, for the purpose of testing 
proposals affecting the environmental quality of the region, including, 
but not limited to, salinity intrusion, dispersion of pollutants, water 
quality, improvements for navigation, dredging, bay fill, physical 
structures, and other shoreline changes which might affect the regi-
men of the bay-delta waters. 
SEC. 9. The requirement in any water resources development project 
under the jurisdiction of the Secretary of the Army, that non-Federal 
interests hold and save the United States free from damages due to 
the construction, operation, and maintenance of the project, does not 
include damages due to the fault or negligence of the United States or 
its contractors. 
SEC. 10. The McClellan-Kerr Arkansas River navigation system, 
authorized by the Act entitled "An Act authorizing the construction 
of certain public works on rivers and harbors for flood control, and 
for other purposes", approved June 28, 1938 (52 Stat. 1215), as 
amended and supplemented, is hereby further modified to include 
alteration at Federal expense of the municipal water supply facilities 
of the city of Conway, Arkansas, by the construction of water supply 
impoundment facilities at a location outside the flat flood plain of 
Cadron Creek, together with interconnecting pipeline and other 
appurtenant work, so that the water supply capacity of the resultant 
municipal facilities is approximately equivalent to that existing prior 
to constiuction of the navigation system. 
SEC. 11. (a) The Secretary of the Army is hereby authorized and 
directed to cause surveys to be made at the following locations for 
flood control and allied purposes, and subject to all applicable provi-
sions of section 217 of the Flood Control Act of 1970 (Public Law 
91-611) : 
San Luis Obispo County, California. 
Buffalo River Basin, New York (wastewater management 
study). 
Palo Blanco Creek and Cibolo Creek, at and in the vicinity of 
Falfurrias, Texas. 
(b) The Secretary of the Army is hereby authorized and directed 
to cause surveys to be made at the following locations and subject to 
all applicable provisions of section 110 of the River and Harbor Act 
of 1950: 
Miami River, Florida, with a view to determining the feasibil-
ity and advisability of dredging the river in the interest of water 
quality. 
Port Las Mareas. Puerto Rico, with a view to determining the 
feasibility and advisability of assumption of maintenance of the 
project by the United States. 
Saint Marys River at, and in the vicinity of, Sault Sainte Marie, 
Michigan, with a view to determining the advisability of develop-
ing a deep draft navigation harbor and international port. 
East Two Rivers between Tower, Minnesota, and Vermilion 
Lake. 
SEC. 12. (a) As soon as practicable after the date of enactment of 
this section and at least once each year thereafter, the Secretary of the 
Army, acting through the Chief of Engineers, shall review and sub-
mit to Congress a list of those authorized projects for works of 
88 STAT. ] 
PUBLIC LAW 93-251-MAR. 7, 1974 
H 
improvement of rivers and harbors and other waterways for naviga-
tion, beach erosion, flood control, and other purposes which have been 
authorized for a period of at least eight years without any Congres-
sional appropriations within the last eight years and which he deter-
mines, after appropriate review, should no longer be authorized. Each 
project so listed shall be accompanied by the recommendation of the 
Chief of Engineers together with his reasons for such recommendation. 
Prior to the submission of such list to the Congress, the Secretary of the 
Army, acting through the Chief of Engineers, shall obtain the views 
of interested Federal departments, agencies, and instrumentalities, 
and of the Governor of each State wherein such project would be 
located, which views shall be furnished within sixty days after being 
requested by the Secretary and which shall accompany the list sub-
mitted to Congress. Prior to the submission of such list to Congress the 
Secretary of the Army, acting through the Chief of Engineers, shall 
notify each Senator in whose State, and each Member of the House of 
Representatives in whose district, a project (including any part 
thereof) on such list would be located. 
(b) Such list shall be delivered to both Houses on the same day and 
to each House while it is in session. A project on such list shall not be 
authorized at the end of the first period of one hundred and eighty 
calendar days of continuous session of Congress after the date such 
list is delivered to it unless between the date of delivery and the end 
of such one hundred and eighty-day period, either the Committee on 
Public Works of the House of Representatives or the Committee on 
Public Works of the Senate adopts a resolution stating that such proj-
ect shall continue to be an authorized project. For the purposes of this 
section continuity of session is broken only by an adjournment of Con-
gress sine die, and the days on which either House is not in session 
because of an adjournment of more than three days to a day certain 
are excluded in the computation of the one hundred and eighty-day 
period. The provisions of this section shall not apply to any project 
contained in a list of projects submitted to the Congress within one 
hundred and eighty days preceding the date of adjournment sine die 
of any session of Congress. 
(c) Nothing in this section shall be construed so as to preclude the 
Secretary from withdrawing anv pr'oiect or projects from such list at 
any time prior to the final day of the period provided for in sub-
section (b). 
(d) This section shall not be applicable to any project which has 
been included in a resolution adopted pursuant to subsection (b). 
(e) The Secretary of the Army, acting through the Chief of Engi- 
' 
neers, shall, on request by resolution of the Committee on Public 
Works of the Senate or the Committee on Public Works of the House 
of Representatives, review authorized projects for inclusion in the list 
of projects provided for in subsection (a) of this section. If any proj-
ect so reviewed is not included in any of the first three lists submitted 
to the Congress after the date of the resolution directing the review of 
the project, a report on the review tofii:ether with the reasons for not ^:^fJ^T' ^"*'" 
T 
-I 
1 
• 
• 
1 
n 1 
1 
• 
T 
t 
/-^ 
• 
mittal to congres-
recommendmg deauthorization, shall be submitted to the ( ommittees sionai committees. 
on Public Works of the Senate and House of Representatives not later 
than the date of the third list submitted to Congress after the date of 
such resolution. 
SEC. 13. Section 207 (c) of the Flood Control Act of 1960 (33 U.S.C. 
701r-l (c)) is hereby amended to read as follows: 
"(c) For water resources proiects to be constructed in the future, 
when the taking by the Federal Government of an existing public road 
necessitates replacement, the substitute provided will, as nearly as 
18 
PUBLIC LAW 93-251-MAR. 7, 1974 
[88 STAT. 
Sandridge Dam 
and Reservoir, 
N.Y., project 
modification. 
84 Stat. 1824. 
Little River 
Inlet, S . C , navi-
gation project 
modification. 
42 u s e 1962d-5. 
White River 
Basin, project 
modification. 
practicable, serve in the same manner and reasonably as well as the 
existing road. The head of the agency concerned is authorized to con-
struct such substitute roads to the design standards which the State 
or owning political division would use in constructing a new road 
under similar conditions of geography and under similar traffic loads 
(present and projected). In any case where a State or political sub-
division thereof requests that such a substitute road be constructed to 
a higher standard than that provided for in the preceding provisions 
of this subsection, and pays, prior to commencement of such construc-
tion, the additional costs involved due to such higher standard, such 
agency head is authorized to construct such road to such higher stand-
ard. Federal costs under the provisions of this subsection shall be part 
of the nonreimbursable project costs." 
SEC. 14. The project for the Sandridge Dam and Reservoir, Ellicott 
Creek, New York, for flood protection and other purposes as authorized 
by the Flood Control Act of 1970, is hereby modified to authorize 
the Secretary of the Army, acting through the Chief of Engineers, 
to undertake remedial flood control measures to alleviate flooding in 
the reach between Stalil Eoad and Niagara Falls Boulevard that are 
compatible with the diversion channel plan contained in the report 
of the district engineer, United States Army Engineer District, Buf-
falo, dated August 1973, such work to be subject to the items of local 
cooperation required for similar projects and such work to be limited 
to areas downstream from Sweethome Road in the town of Amherst, 
New York, and such other areas as the Secretary may deem necessary. 
The work authorized by this section shall be compatible with the 
authorized project and any alternatives currently under study pur-
suant to the Flood Control Act of 1970. 
SEC. 15. The project for navigation at Little River Inlet, South 
Carolina, authorized under provisions of section 201 of the Flood 
Control Act of October 27, 1965 (Public Law 89-298), is hereby 
modified to authorize and direct the Secretary of the Army, acting 
through the Chief of Engineers, to perform such emergency dredging 
operations as the Chief of Engineers determines necessary to maintain 
channel depths sufficient to permit frea and safe movement of vessels 
until such time as the authorized project is constructed. 
SEC. 16. (a) The comprehensive plan for flood control and other 
purposes in the White River Basin, as authorized by the Act of June 
28, 1938 (52 Stat. 1215), and as modified and amended by subsequent 
Acts, is further modified to provide for a free highway bridge built 
to modern standards over the Norfork Reservoir at an appropriate 
location in the area where United States Highway 62 and Ai'kansas 
State Highway 101 were inundated as a result of the construcftion of 
the Norfork Dam and Reservoir. Such bridge shall be constructed by 
the Chief of Engineers in accordance with such plans as are deter-
mined to be satisfactory by the Secretary of the Army to provide 
adequate crossing facilities. Prior to construction the Secretary of the 
Army, acting through the Chief of Engineers, shall enter into an 
agreement with appropriate non-Federal interests as determined by 
him, which shall provide that after construction such non-Federal 
interests shall own, operate, and maintain such bridges and approach 
facilities free to the public. 
(b) The cost of constructing such bridge shall be borne by the 
United States except that the State of Arkansas shall, upon comple-
tion of such bridge, reimburse the United States the sum of $1,342,000 
plus interest, compounded annually, for the period from May 29,1943, 
to the date of enactment of this Act. Such interest shall be computed 
at rates determined by the Secretary of the Treasury to be equal to 
88 
STAT.] 
PUBLIC LAW 93-251-MAR. 7, 1974 
19 
the average annual rates payable on all interest-bearing obligations of 
the United States forming a part of the public debt for each year dur-
ing this period, and adjusted to the nearest one-eighth of 1 per centum. 
SEC. 17. The projects for Melvern Lake and Pomona Lake, Kansas, 
authorized as units of the comprehensive plan for flood control and 
other purposes, Missouri River Basin, by the Flood Control Act 
approved September 3,1954, are hereby modified to authorize the Sec-
retary of the Army, acting through the Chief of Engineers, to 
improve surface roads in the vicinity of such pix)jects which he deter-
mines to be necessary for appropriate utilization of such projects. 
The Federal share of the work performed under this section shall not 
exceed 70 per centum of the costs of such work. There is authorized 
to be appropriated to the Secretary not to exceed $500,000 to carry 
out this section. 
SEC. 18. The project for Tuttle Creek Reservoir, Big Blue River, 
Kansas, authorized as a unit of the comprehensive plan for flood con-
trol and other purposes, Missouri River Basin, by the Flood Control 
Act approved June 28, 1938, as modified, is hereby fui-ther modified to 
authorize the Secretaiy of the Army, acting through the Chief of 
Engineers, in his discretion to improve that portion of FAS 1208 
extending from the intersection with Kansas State Highway 13 in sec-
tion 5, township 9 south, range 8 east, thence north and west to the 
intersection with country road in section 14, township 8 south, range 7 
east, approximately 5.78 miles. The Federal share of the Avork per-
formed under this section shall not exceed 70 per centum of the costs of 
such work. There is authorized to be appropriated to the Secretary not 
to exceed $500,000 to carry out this section. 
SEC. 19. (a) The Secretary of the Army, acting through the Chief 
of Engineers, is authorized and directed to convey to the Andrew 
Jackson Lodge Numbered 5, Fraternal Order of Police, of Xashville, 
Tennessee (hereafter in this section referred to as the "lodge"), all 
right, title, and interest of the United. States in and to that real prop-
erty consisting of thirty-eight acres, more or less, which is located 
within the Old Hickory lock and dam project and which is presently 
leased to the lodge under lease numbered AA-40058-CIVENG-60-
431, dated December 1,1959. 
(b) The cost of any surveys necessary as an incident of the con-
veyance authorized by this section shall be borne by the lodge. 
(c) Title to the property authorized to be conveyed by this section 
shall revert to the L^nited States, which shall have the right of immedi-
ate entry thereon, if the lodge shall ever use. or permit to be used, any 
part of such property for any purpose other than as a youth camp 
facility. 
(d) The con 
Abeyance authorized by this section shall be made upon 
payment by the lodge to the Secretary of the Army of an amount of 
money equal to the fair market value of the property. The fair market 
value of such property shall be determined by an independent quali-
fied appraiser acceptable to both the Secretary of the Army and the 
lodge. No conveyance may be made pursuant to this section after the 
close of the twelfth month after the month in which this section is 
enacted. 
SEC. 20. Section 213 of the Flood Control Act of 1970 (84 Stat. 1824, 
1829) is hereby amended by (1) inserting before the period at the 
end of the first sentence the following: ", at an estimated cost of 
$11,400,000" and (2) striking out the last sentence. 
SEC. 21. The project for flood protection on the Minnesota River at 
Mankato-North Mankato, Minnesota, authorized by the Flood Con-
trol Act of 1958 and modified by section 207 of the Flood Control 
Melvern and 
Pomona Lakes, 
Kans., project 
modification. 
68 Stat. 1261. 
Appropriation. 
Tuttle Creek 
Reservoir, Big 
Blue River, Kans. 
52 Stat. 1218. 
Appropriation. 
Fraternal Order 
of Police, Nash-
ville, Tenn., land 
conveyance. 
Surveys, costs. 
Payment. 
Minnesota 
River, Mankato-
North Mankato, 
Minn., project 
modification. 
20 
PUBLIC LAW 93-251-MAR. 7, 1974 
[88 STAT. 
72 Stat. 310; 
79 Stat. 1085. 
Water conserva-
tion plans. 
42 u s e 1962d-
16. 
Reports to 
Congress. 
Appropriation. 
33 u s e 1165a. 
Local cooper-
ation, study. 
42 u s e 1962d-5 
note. 
Report to 
Congress. 
Land and water 
use, study. 
42 u s e 1962d-5 
note. 
Report to 
Congress. 
33 u s e 701g. 
33 u s e 701r. 
Lake Texoma, 
Tex. and Okla., 
access improve-
ments. 
Act of 1965, is hereby further modified to authorize the Secretary of 
the Army, acting through the Chief of Engineers, to reimburse the 
city of Mankato for local costs incurred in relocating that portion of 
the existing Mankato interceptor sewer extending approximately one 
thousand six hundred feet upstream and one thousand five hundred 
feet downstream of the Warren Creek Pumping Station, provided 
the relocated interceptor sewer is designed and constructed in a man-
ner which the Secretary of the Army determines is fully adequate to 
serve the project purpose. 
SEC. 22. (a) The Secretary of the Army, acting through the Chief 
of Engineers, is authorized to cooperate with any State in the prep-
aration of comprehensive plans for the development, utilization, and 
conservation of the water and related resources of drainage basins 
located within the boundaries of such State and to submit to Con-
gress reports and recommendations with respect to appropriate Fed-
eral participation in carrying out such plans. 
(b) There is authorized to be appropriated not to exceed $2,000,000 
annually to carry out the provisions of this section except that not 
more than $200,000 shall be expended in any one year in any one 
State. 
SEC. 23. Section 123 of the Kiver and Harbor Act of 1970 (84 Stat. 
1818,1823) is hereby amended by adding at the end of subsection (d) 
of such section the following: "In the event such findings occur after 
the appropriate non-Federal interest or interests have entered into 
the agreement required by subsection (c), any payments due after the 
date of such findings as part of the required local contribution of 
25 per centum of the construction costs shall be waived by the Secre-
tary of the Army.". 
SEC. 24. The Secretary of the Army, acting through the Chief of 
Engineers, is authorized and directed to make a complete study of the 
items of local cooperation involving hold and save harmless provi-
sions which have been required for water resources development proj-
ects under his jurisdiction, and his reasons for such requirements, and 
to report thereon to the Congress not later than June 30,1975, together 
with recommendations as to those items of local cooperation which 
should appropriately be required for various types of water resources 
development projects. 
SEC. 25. The Secretary of the Army, acting through the Chief of 
Engineers, is authorized and directed to study land use practices and 
recreational uses at water resource development projects under his 
jurisdiction, and to report thereon to the Congress not later than 
June 30. 1975, with recommendations as to the best use of such lands 
for outdoor recreation, fish and wildlife enhancement, and related 
purposes. 
SEC. 26. Section 208 of the Flood Control Act of 1954 (68 Stat. 1256, 
1266) is hereby amended by striking out "$2,000,000" and inserting 
in lieu thereof "$5,000,000",* and by striking out "$100,000" and insert-
ing in lieu thereof "$250,000". 
SEC. 27. Section 14 of the Act approved July 24, 1946 (60 Stat. 653), 
is hereby amended by striking out "$1,000,000" and inserting in lieu 
thereof "$10,000,000", by inserting after the w^ords "public works," 
"churches, hospitals, schools, and other nonprofit public services," by 
striking out "$50,000" and inserting in lieu thereof "$250,000" and by 
striking out "of emergency bank-protection works to prevent flood" 
and inserting in lieu thereof ", repair, restoration, and modification of 
emergency streambank and shoreline protection works to prevent". 
SEC. 28. The Secretary of the Army, acting through the Chief of 
Engineers, is authorized and directed to improve perimeter access at 
88 STAT, ] 
PUBLIC LAW 93-251-MAR. 7, 1974 
M 
Lake Texoma, Texas and Oklahoma, utilizing existing roads to the 
extent feasible. There is authorized to be appropriated not to exceed 
$3,000,000 to carry out this section. 
SEC. 29. The Act entitled "An Act authorizing the city of Kock jif "[^^^i/^^^^^^;^ 
Island, Illinois, or its assigns, to construct, maintain, and operate a toll 
bridge across the Mississippi River at or near Rock Island, Illinois, 
and to place at or near the city of Davenport, Iowa", approved March 
18,1938 (52 Stat. 110), is amended— 
(1) by inserting after "to reconstruct, enlarge, and extend the 
approaches" in subsection (b) of the first section the following: 
"(including the eastern approach in Rock Island, Illinois)", 
(2) by inserting after "approaches" in subsection (c) of the 
first section the following: "(other than the eastern approach in 
Rock Island, Illinois)", and 
(3) by inserting at the end of subsection (c) of the first section 
the following: "The reconstruction, enlargement, and extension 
of the eastern approach in Rock Island, Illinois, to such bridge 
pursuant to subsection (b) of this section shall be commenced 
not later than December 1, 1974, and shall be completed before 
December 1,1977.". 
SEC. 30. The project for enlargement of Lavon Reservoir on the ^(,'^^^'^"1^"*'" 
East Fork of the Trinity River, Texas, authorized by the Flood Con- Rive'r, Tex., 
trol Act of 1962, is hereby modified to authorize the Secretary of project modifica-
the Army, acting through the Chief of Engineers, to provide a cross- ^ye'stat. iiss. 
ing and approaches at Tiekey Creek and suitable surfacing to permit 
all-weather use of Collin County Road 115, at a cost not to exceed 
$800,000. 
SEC. 31. The project for the Atlantic coast of Long Island, Fire ^ Y°"^Jo^eTt'^' 
Island Inlet to Montauk Point, New York, authorized in section 101 modification. 
of the River and Harbor Act of 1960, is hereby modified to provide 
^
"
^ ^*^*- '*^°-
that non-Federal interests shall (1) contribute 30 per centum of the 
first cost of the project, including the value of lands, easements, and 
rights-of-way; (2) hold and save the United States free from dam-
ages due to the construction works; and (3) maintain and operate 
the improvements in accordance with regulations prescribed by the 
Secretary of the Army. 
SEC. 32. (a) This section may be cited as the "Streambank Erosion Er^olToTcon^roi 
Control Evaluation and Demonstration Act of 1974". 
Evaluauon and 
(b) The Secretary of the Army, acting through the Chief of Engi- Demonstration Act 
neers, is authorized and directed to establish and conduct for a period °yatlonai stream-
of five fiscal years a national streambank erosion prevention and con- bank erosion pre-
trol demonstration program. The program shall consist of (1) an J'rofdemonstra°t'ion 
evaluation of the extent of streambank erosion on navigable rivers program. 
and their tributaries; (2) development of new methods and tech-^jj^ ^^^ i962d-s 
niques for bank protection, research on soil stability, and identifica-
tion of the causes of erosion; (3) a report to the Congress on the results nf^^r7V° 
of such studies and the recommendations of the Secretary of the Army °"^''^^^" 
on means for the prevention and correction of streambank erosion; 
and (4) demonstration projects, including bank protection works. 
(c) Demonstration projects authorized by this section shall be under-
taken on streams selected to reflect a variety of geographical and 
environmental conditions, including streams with naturally occurring 
erosion problems and streams with erosion caused or increased by man-
made structures or activities. At a minimum, demonstration projects 
Project sites. 
shall be conducted at multiple sites on— 
(1) the Ohio River; 
(2) that reach of the Missouri River between Fort Randall Dam, 
South Dakota, and Sioux City, Iowa; 
38-194 O - 76 - 5 Pt. 1 
22 
PUBLIC LAW 93-251-MAR. 7, 1974 
[88 STAT. 
Non-Federal 
interests, require-
ments. 
Appropriation. 
Scioto River, 
Ohio, project 
modification. 
76 Stat. 1188. 
Ohio River, 
Newburgh, Ind., 
bank protection 
works. 
35 Stat. 818. 
33 use 5. 
Aleutian Is-
lands, Alaska, 
study. 
Report to 
Congress. 
American River 
Calif., road, 
bridges. 
84 Stat. 1831. 
Santa Cruz 
Harbor project, 
Santa Cruz, Calif. 
72 Stat. 299. 
(3) that reach of the Missouri River in North Dakota at or 
below the Garrison Dam; and 
(4) the delta and hill areas of the Yazoo River Basin generally 
in accordance with the recommendations of the Chief of Engineers 
in his report dated September 23,1972. 
(d) Prior to construction of any projects under this section, non-
Federal interests shall agree that they will provide without cost to the 
United States lands, easements, and rights-of-way necessary for con-
struction and subsequent operation of the projects; hold and save the 
United States free from damages due to construction, operation, and 
maintenance of the projects; and operate and maintain the projects 
upon completion. 
(e) There is authorized to be appropriated for the five-fiscal-year 
period ending June 30,1978, not to exceed $25,000,000 to carry out sub-
sections (b), (c),and (d) of this section. 
SEC. 33. The flood control project for the Scioto River, Ohio author-
ized by section 203 of the Flood Control Act of 1962, as modified, 
is hereby further modified (1) to permit the construction of local pro-
tection works at Chillicothe, Ohio, prior to commencement of construc-
tion of the Mill Creek Reservoir, and (2) to permit the plan for such 
works to be revised by the Chief of Engineers so as to provide a degree 
of protection substantially equivalent to that provided by the project 
as originally authorized. 
SEC. 34. The project for Newburgh lock and dam, authorized under 
authority of section 6 of the River and Harbor Act approved March 3, 
1909, is hereby modified to direct the Secretary of the Arniy, acting 
through the Chief of Engineers, to perform bank protection works 
along the Ohio River at Newburgh, Indiana. Prior to construction, 
non-Federal interests shall agree that they will provide without cost 
to the United States lands, easements, and rights-of-way necessary for 
construction and subsequent operation of the works; hold and save the 
United States free from damages due to construction, operation, and 
maintenance of the works, and operate and maintain the works upon 
completion. 
SEC. 35. The Secretary of the Army, acting through the Chief of 
Engineers, is authorized and directed to make a detailed study of such 
plans as he may deem feasible and appropriate for the removal and 
disposal of debris and obsolete buildings remaining as a result of mili-
tary construction in World War II in the vicinities of Port Heiden, 
Cold Bay, Unalaska, and Unmak Island, in the Aleutian Islands, 
Alaska. Such study shall include an analysis of appropriate measvires 
to restore these areas to their natural condition. The Secretary of the 
Army, acting through the Chief of Engineere, is directed to report the 
findings of such study to Congress within one year after the date of 
enactment of this section. 
SEC. 36. Section 222 of the Flood Control Act of 1970 (Public Law 
91-611) is amended by inserting at the end thereof the following: "The 
Secretary may also provide for the cost of construction of a two-lane, 
all-weather paved road (including appropriate two-lane bridges) 
extending from Old United States Highway 40, near Weimar across the 
North Fork and Middle Fork of the American River to the Eldorado 
County Road near Spanish Dry Diggings, substantially in accordance 
with the report of the Secretary entitled 'Replacement Alternative 
Upstream Road System, Auburn Reservoir—June 1970'." 
SEC. 37. The Secretary of the Army, acting through the Chief of 
Engineers, is authorized and directed to review the requirements of 
local cooperation for the Santa Cruz Harbor project, Santa Cruz, Cali-
fornia, authorized by the River and Harbor Act of 1958, with particu-
88 
STAT.] 
PUBLIC LAW 93-251-IVlAR. 7, 1974 
n 
lar reference to Federal and non-Federal cost sharing, and to report 
the findings of such review to Congress within one year after the date 
of enactment of this section. 
SEC. 38. The Secretary of the Army, acting through the Chief of 
Engineers, is authorized and directed to review the requirements of 
local cooperation for the project for Anaheim Bay, California, author-
ized by the Eiver and Harbor Act of 1954 for Seal Beach, California, 
with particular reference to Federal and non-Federal cost sharing, 
and to report the findings of such review to Congress within one year 
after the date of enactment of this section. 
SEC. 39. The Secretary of the Army, acting through the Chief of 
Engineers, is authorized and directed to undertake such emergency 
bank stabilization works as are necessary to jH'btect the Sacred Heart 
Hospital in Yankton, South Dakota, from damages caused by bank 
erosion downstream of Gavins Point Dam, Missouri River. 
SEC. 40. (a) In connection with any water resource development 
project, heretofore, herein, or hereafter authorized to be undertaken 
by the Secretary of the Army, the construction of which has not been 
initiated as of the date of the enactment of this section, where author-
ization requires that non-Federal public bodies make an agreed-upon 
cash contribution as part of their reimbursement to the Federal Gov-
ernment for construction costs, or a specific portion of the construction 
costs, and where there exists no other provision of law which would 
permit extended repayment for the construction costs or such specific 
portion of the construction costs involved, such non-Federal public 
bodies may make such repayment in annual installments during the 
period of construction. 
(b) Upon the request of affected non-Federal public bodies, the 
Secretary of the Army is authorized to modify existing cost sharing 
agreements in order to effectuate the provisions of subsection (a) of 
this section. 
SEC. 41. (a) The Secretary of the Army, acting through the Chief 
of Engineers, is authorized and directed to make a detailed study and 
report of the total benefits and costs attributable to the water resources 
development projects undertaken in the Ohio River Basin by the Corps 
of Engineers. The evakiation of benefits and costs attributable to such 
projects shall include consideration of the enhancement of regional 
economic development, quality of the total environment, the well-being 
of the people, and the national economic development. 
(b) The Secretary, acting through the Chief of Engineers, shall 
report the finding of such study to Congress within two years after 
funds are made available to initiate the study. 
(c) There is authorized to be appropriated to the Secretary not to 
exceed $2,000,000 to carry out this section. 
SEC. 42. The project for flood control and improvement of the lower 
Mississippi River (adoDted by the Act of May 15,1928 (45 Stat. 534)), 
as amended and modified is further amended and modified so as to 
provide that in the case of lands which were authorized to be acquired 
for the purpose of mitigating losses to wildlife resulting from Fed-
eral improvements which have not been acquired and which are no 
longer suitable for such purpose, the Secretary of the Army, acting 
through the Chief of Engineers, may, to the extent justified, acquire 
substitute lands, not to exceed the acreages previously authorized for 
such purpose, in the same or adjacent subbasins of the project area. 
SEC. 43. Any proposed road to the Zilpo Recreation Area shall not 
be constructed under the Cave Run Lake project in Kentucky author-
ized by the Flood Control Acts approved June 22, 1936, and June 28, 
Report to 
Congress. 
Anaheim Bay, 
Calif. 
68 Stat. 1254. 
Report to 
Congress. 
Yankton, S. 
Dak., emergency 
bank stabilization 
works. 
Non-Federal 
public bodies, 
construction costs 
reimbursement. 
42 u s e 1962d-
5c. 
Cost sharing 
agreements, 
modification. 
Ohio River 
Basin, water 
resources devel-
opment projects, 
study. 
Report to 
Congress. 
Appropriation. 
Lower Missis-
sippi River proj-
ect modification. 
Cave Run Lake 
project, Ky., road 
construction. 
49 Stat. 1570. 
24 
PUBLIC LAW 93-251-MAR. 7, 1974 
[88 STAT. 
52 Stat. 1215. 
Public review 
and comment. 
Mountrail 
County Park 
Commission, 
N. Dak., land 
conveyance. 
1938, until there is a full opportunity for public review and comment 
on the environmental impact statement pertaining to any such pro-
posed road. 
SEC. 44. (a) Subject to the provisions of subsection (b) of this sec-
tion, the Secretary of the Army is authorized and directed to convey 
to the Mountrail County Park Commission of Mountrail County, 
North Dakota, all rights, title, and interest of the United States in 
and to the following described tracts of land: 
TRACT NUMBER 
1 
All of the land which lies landward of a line, which line is 300 feet 
above and measured horizontally from contour elevation 1,850 mean 
sea level of old Van Hook Village in the northwest quarter of section 
32, township 152, range 91 west of the fifth guide meridian. 
TRACT NUMBER 
2 
All of the land which lies landward of a line which line is 300 feet 
above and measured horizontally from contour elevation 1,850 mean 
sea level of Olson's first addition, part of the southwest quarter of sec-
tion 29, township 152, range 91 west of the fifth guide meridian. 
Surveys, costs. 
42 u s e 4482. 
"Net c o s t " and 
'net c o s t s . " 
TRACT NUMBER 
3 
Hodge's first addition, part of the northeast quarter of section 32, 
tow^nship 152, range 91, west of the fifth guide meridian. 
(b) (1) The conveyance of such portion of the lands described in 
subsection (a) as is being used by the North Dakota State Game and 
Fish Department for wildlife management purposes shall not become 
effective until the termination of the license granted to such depart-
ment for such use either in accordance with its original terms on 
October 31,1980, or at any time prior thereto. 
(2) The lands conveyed pursuant to this section shall be used by 
the Mountrail County Park Commission, Mountrail County, North 
Dakota, solely for public park and recreational purposes, and if such 
lands are ever used for any other purpose, title thereto shall revert 
to, and become the property of, the United States which shall have the 
right of immediate entry thereof. 
^ 
(3) The conveyance authorized by this section shall be subject to 
such other terms and conditions as the Secretary of the Army deems 
to be in the public interest. 
(c) The Mountrail County Park Commission shall pay the costs 
of such surveys as may be necessary to determine the exact legal 
description of the lands to be conveyed and such sums as may be fixed 
by the Secretary of the Army to compensate the United States for 
its administrative expenses in connection with the conveyance of such 
lands, which sum shall be covered into the Treasury into miscel-
laneous expenses. 
SEC. 45. (a) Section 252 of the Disaster Belief Act of 1970 (Public 
Law 91-606, 84 Stat. 1757) is amended by adding at the end thereof 
the following: 
"(d) For the purposes of this section, 'net cost' and 'net costs' of 
repairing, restoring, reconstructing, or replacing any such facility 
shall include the costs actually incurred m replacing the facility's 
services with services from other sources during the period of repair, 
restoration, reconstruction, or replacement of such facility, to the 
extent such costs exceed the costs which would have been incurred in 
providing such services but for the disaster." 
88 STAT. ] 
PUBLIC LAW 93-251-MAR. 7, 1974 
25 
(b) The amendment made by section (a) of this section shall take 
effect as of August 1,1969. 
SEC. 46. The Secretary of the Army, acting through the Chief of 
Engineers, is authorized to amend the contract between the city of 
Aberdeen, Washington, and the United States for use of storage space 
in the Wynoochee Dam and Lake on the Wynoochee River, Washing-
ton, for municipal and industrial water supply purposes. Such 
amended contract shall provide that the costs allocated to present 
demand water supply, shall be repaid over a period of fifty years after 
the project is first used for the storage of water for water supply pur-
poses. The first annual payment shall be a minimum of 0.1 per centum 
of the total amount to be repaid. The annual payments shall be 
increased by 0.1 per centum each year until the tenth year at which 
time the payment shall be 1 per centum of the total principal amount to 
be repaid. Subsequent annual payments for the balance of forty years 
shall be one-fortieth of the balance remaining after the tenth annual 
payment (including interest over such fifty year period). 
SEC. 47. The project for Wynoochee Dam and Lake, Wynoochee 
River, Washington, authorized by the Flood Control Act approved 
October 23, 1962 (76 Stat. 1193), is hereby modified to provide that 
the Secretary of the Army, acting through the Chief of Engineers, 
is authorized and directed to transfer to the State of Washington, as 
a part of project costs, an amount not to exceed $696,000 for construc-
tion of fish hatchery facilities for prevention of losses of natural spawn-
ing areas for anadromous trout occasioned by project construction. 
SEC. 48. Section 7 of the River Basin Monetary Authorization and 
Miscellaneous Civil Works Amendment Act of 1970 (84 Stat. 310) 
is hereby amended to read as follows: 
"SEC. 7. That the project for Libby Dam. Kootenai River, Montana, 
is hereby modified to provide that an amount not to exceed $4,000,000 
may be used for the construction of fish pi'oduction measures in com-
pensation for fish losses attributed to the project, and for the acquisi-
tion of necessary real estate, construction of access roads and utilities, 
and performance of services related thereto, as deemed appropriate bv 
the Secretary of the Army, acting through the Chief of Engineers.". 
SEC. 49. (a) The project for Libby Dam, Kootenai River, Montana, 
authorized bv the Flood Control Act approved May 17,1950 (64 Stat. 
170), is hereby modified to provide that the Secretary of the Army, 
acting through the Chief of Engineers, is authorized to acquire not 
more than twelve thousand acres of land for the prevention of wildlife 
grazing- losses caused by the project. 
(b) The Secretary is further authorized and directed to convey with-
out monetary consideration, to the State of Montana all right, title, 
and interest of the United States in the land acquired under subsection 
(a), for use for wildlife grazing purposes. The deed of conveyance 
shall provide that the land shaU revert to the T"^nited States in the event 
it ever ceases to be used for wildlife grazing purposes. 
(c) There is authorized to be appropriated not to exceed $2,000,000 
to carry out the provisions of this section. 
SEC. 50. The project for Libby Dam (Lake Koocanusa). Montana, 
authorized by the Flood Control Act approved ]May 17,1950 (64 Stat. 
170), is hereby modified to provide that the Secretary of the Army, 
acting through the Chief of Engineers, is authorized to reimburse 
Boundary County, Idaho, for the cost incurred to elevate, relocate, or 
reconstruct the bridge, located at the mouth of Deep Creek as it joins 
the Kootenai River, made necessary by the duration of higher flows 
during drawdown operations at Libby Dam. There is authorized to 
be appropriated not to exceed $350,000 for the purposes of this section. 
Effective date. 
42 u s e 4482 
note. 
Aberdeen, 
Wash., contract 
amendment. 
Wynoochee 
River, Wash., 
project modifica-
tion. 
Libby Dam 
project, Kootenai 
River, Mont., 
modification. 
Land acquisi-
tion. 
State of Mon-
tana, land convey-
ance. 
Appropriation. 
Libby Dam 
project, modifi-
cation. 
Appropriation. 
26 
PUBLIC LAW 93-251-MAR. 7, 1974 
[88 STAT. 
East River, 
N.Y. 
33 u s e 59c-2. 
42 u s e 4321 
note. 
R e imburs e me nt 
to Federal agen-
cies. 
Cape Fear, 
N . e . , project 
modification. 
42 u s e 1962d-
5a. 
Grand River, 
Mo.-Iowa, project 
modification. 
79 Stat. 1080. 
Report to 
Congress. 
Shoreline 
Erosion Control 
Act of 1974. 
42 u s e 1962d-5 
note. 
SEC. 51. If the Secretary of the Army, acting through the Chief of 
Engineers, finds that the proposed project to be erected at the location 
to be declared non-navigable under this section is in the public interest, 
on the basis of engineering studies to determine the location and struc-
tural stability of the bulkheading and filling and permanent pile-sup-
ported structures in order to preserve and maintain the remaining 
navigable waterway and on the basis of environmental studies con-
ducted pursuant to the National Environmental Policy Act of 1969, 
then those portions of the East River in New York County, State of 
New York, bounded and described as follows are hereby declared to be 
not navigable waters of the United States within the meaning of the 
laws of the United States, and the consent of Congress is hereby given 
to the filling in of all or any part thereof or the erection of permanent 
pile-supported structures thereon: That portion of the East River in 
New York County, State of New York, lying shoreward of a line with 
the United States pierhead line as it exists on the date of the enactment 
of this Act, bounded on the north by the south side of Rutgers Slip 
extended easterly, and bounded on the south by the southeasterly bor-
der of Battery Park at a point adjacent to the westerly end of South 
Street extended south by southwest, is hereby declared to be non-
navigable waters of the United States. This declaration shall apply 
only to portions of the above-described area which are bulkheaded and 
filled or occupied by permanent pile-supported structures. Plans for 
bulkheading and filling and permanent pile-supported structures shall 
be approved by the Secretary of the Army, acting through the Chief 
of Engineers. Local interests shall reimburse the Federal Government 
for engineering and all other costs incurred under this section. 
SEC. 52. The project for hurricane-flood control protection from 
Cape Fear to the North Carolina-South Carolina State line. North 
Carolina, authorized by the Flood Control Act of 1966 (80 Stat. 1418, 
1419) is hereby modified to provide that the Secretary of the Army, 
acting through the Chief of Engineers, may enter into an agreement 
with non-Federal public bodies to provide for reimbursement of instal-
lation costs incurred by such bodies, or an equivalent reduction in the 
contributions they are otherwise required to make, or a combination 
thereof, in an amount not to exceed $2,000,000 for work to be per-
formed in the project, subject to the provisions of subsections (b) 
through (e) of section 215 of the Flood Control Act of 1968. 
SEC. 53. The project for flood protection on the Grand River and 
tributaries, Missouri and Iowa, authorized by the Flood Control Act 
of 1965 is hereby modified to authorize and direct the Chief of Engi-
neers to proceed immediately with the engineering and design of tlie 
Pattonsburg Lake project as presently authorized subject to sucli 
modifications as are determined desirable by the Chief of Engineers 
on the basis of results of a review of the authorized Grand River Basin 
plan of development including consideration of the current justifica-
tion and feasibility of advance Federal participation in construction 
of the 1-35 highway crossing of the river and of including power facil-
ities during the project construction. Such inclusion of power facilities 
shall be subject to submission of a feasibility report to the Congress 
and subsequent congressional action thereon. 
SEC. 54. (a) This section may be cited as the "Shoreline Erosion 
Control Demonstration Act of 1974". 
(b) The Congress finds that because of the importance and increas-
ing interest in the coastal and estuarine zone of the United States, the 
deterioration of the shoreline within this zone due to erosion, the harm 
to water quality and marine life from shoreline erosion, the loss of 
recreational potential due to such erosion, the financial loss to private 
and demonstration 
program. 
88 STAT. ] 
PUBLIC LAW 93-251-MAR. 7, 1974 
27 
and public landowners resulting from shoreline erosion, and the 
inability of such landowners to obtain satisfactory financial and tech-
nical assistance to combat such erosion, it is essential to develop, 
demonstrate, and disseminate information about low-cost means to 
prevent and control shoreline erosion. It is therefore the purpose of 
this section to authorize a program to develop and demonstrate such 
means to combat shoreline erosion. 
N 
i i ^ 
(c)(1) The Secretary of the Army, acting through the Chief of une^eroTion co'n-' 
Engineers, shall establish and conduct for a period of five fiscal years troj development 
a national shoreline erosion control development and demonstration "" 
° 
-^-^»-
program. The program shall consist of planning, constructing, operat-
ing, evaluating, and demonstrating prototype shoreline erosion control 
devices, both engineered and vegetative. 
(2) The program shall be carried out in cooperation with the Secre-
tary of Agriculture, particularly with respect to vegetative means of 
preventing and controlling shoreline erosion, and in cooperation with 
Federal, State, and local agencies, private organizations, and the 
Shoreline Erosion Advisory Panel established pursuant to subsec-
tion (d). 
(3) Demonstration projects established pursuant to this section 
shall emphasize the development of low-cost shoreline erosion control 
devices located on sheltered or inland waters. Such projects shall be 
undertaken at no less than two sites each on the shorelines of the 
Atlantic, Gulf and Pacific coasts, the Great Lakes, and the State of 
Alaska, and at locations of serious erosion along the shores of Dela-
ware Bay, particularly at tliose reaches known as Pickering Beach, 
Kitts Hummock, Bowers, Slaughter Beach, Broadkill Beach, and 
Lewes in the State of Delaware. Sites selected shoidd, to the extent 
possible, reflect a variety of geographical and climatic conditions. 
(4) Such demonstration projects may be carried out on private or 
public lands except that no funds appropriated for the purpose of 
this section may be expended for the acquisition of privately ow^ned 
lands. In the case of sites located on private or non-Federal public 
lands, the demonstration projects shall be undertaken in cooperation 
with a non-Federal sponsor or sponsors who shall pay at least 25 per 
centum of construction costs at each site and assume operation and 
maintenance costs upon completion of the project. 
(d) (1) No later than one hundred and twenty days after the date sionTdXofy 
of enactment of this section the Chief of Engineers shall establish Panei. 
a Shoreline Erosion Advisory Panel. The Chief of Engineers shall 
Establishment 
appoint fifteen members to such Panel from among individuals who 
are knowledgeable with respect to various aspects of shoreline erosion, 
with representatives from various geographical areas, institutions of 
higher education, professional organizations. State and local agen-
cies, and private organizations, except that such individuals shall not 
be regidar full-time employees of the United States. The Panel shall 
meet and organize within ninety days from the date of its establish-
ment, and shall select a Chairman from among its members. The Panel 
shall then meet at least once each six months thereafter and shall 
expire ninety days after termination of the five-year program estab-
lished pursuant to subsection (c). 
(2) The Panel shall— 
(A) advise the Chief of Engineers generally in carrying out 
provisions of this section; 
(B) recommend criteria for the selection of development and 
demonstration sites; 
(C) recommend alternative institutional, legal, and financial 
arrangements necessary to effect agreements with non-Federal 
sponsors of project sites; 
Shoreline Ero-
Functions. 
PUBLIC LAW 93-251-MAR. 7, 1974 
[88 STAT. 
Compensation. 
5 u s e 5332 
note. 
5 u s e 5703. 
Technical as-
sistance. 
Reports to 
congressional 
committees. 
Appropriation. 
Technical and 
engineering a s -
sistance. 
42 u s e 1962d-5 
note. 
Libby Dam, 
Mont., project 
modification. 
Presque Isle 
Peninsula, Pa., 
project extension. 
Report to 
Congress. 
Appropriation. 
Atchafalaya 
River, La., proj-
ect modification. 
(D) make periodic reviews of the progress of the program pur-
suant to this section ; 
(E) recommend means by which the knowledge obtained from 
the project may be made readily available to the public; and 
(F) perform such functions as the Chief of Engineers may 
designate. 
(3) Members of the Panel shall, while serving on business of the 
Panel, be entitled to receive compensation at rates fixed by the Chief 
of Engineers, but not in excess of the maximum rate of pay for grade 
GS-18, as provided in the General Schedule under section 5332 of 
title 5 of the United States Code, including traveltime and while away 
from their homes or regular places of business, they may be allowed 
travel expenses, including per diem in lieu of subsistence, as author-
ized by law (5 U.S.C. 73b-2) for persons in Government service 
employed intermittently. 
(4) The Panel is authorized, without regard to the civil service 
laws, to engage such technical and other assistance as may be required 
to carry out its functions. 
(e) The Secretary of the Army, acting through the Chief of Engi-
neers, shall prepare and submit annually a program progress report, 
including therein contributions of the Shoreline Erosion Advisory 
Panel, to the Committees on Public Works of the Senate and House 
of Representatives. The fifth and final report shall be submitted sixty 
days after the fifth fiscal year of funding and shall include a compre-
hensive evaluation of the national shoreline erosion control develop-
ment and demonstration program. 
(f) There is authorized to be appropriated for the first fiscal year 
following enactment of this section, and the succeeding four fiscal 
years, a total of not to exceed $8,000,000 to carry out the provisions of 
this section. 
SEC. 55. The Secretary of the Army, acting through the Chief of 
Engineers, is authorized to provide technical and engineering assist-
ance to non-Federal public interests in developing structural and non-
structural methods of preventing damages attributable to shore and 
streambank erosion. 
SEC. 56. The project for Libby Dam (Lake Koocanusa), Montana, 
authorized by the Flood Control Act approved May 17,1950 (64 Stat. 
170), is hereby modified to provide that the Secretary of the Army, 
acting through the Chief of Engineers, is authorized to compensate 
the drainage districts and owners of leveed and unleveed tracts, in 
Kootenai Flats, Boundary County, Idaho, for modification to facilities 
including gravity drains, structures, pumps, and additional pumping 
operational costs made necessary by, and crop and other damages 
resulting from, the duration of higher flows during draw^down opera-
tions at Libby Dam, except that the total of all such compensation 
shall not exceed $1,500,000. 
SEC. 57. The authorization for the beach erosion control project for 
Presque Isle Peninsula, Erie, Pennsylvania, as provided in section 101 
of the River and Harbor Act of 1960 (74 Stat. 480) is reinstated and 
extended under the terms existing immediately prior to the termina-
tion of such authorization, for a period of five years from the date of 
enactment of this Act, or if the review study of such project being 
carried out by the Secretary of the Army is not completed prior to 
the end of such period, until such study is completed and a report 
thereon submitted to the Congress. There is authorized to be appro-
priated not to exceed $3,500,000 to carry out this section. 
SEC. 58. (a) The project for navigation in the Atchafalaya River 
and Bayous Chene, Boeus, and Black, Louisiana, authorized by the 
River and Harbor Act of 1968 (82 Stat. 731) is hereby modified to 
88 STAT. ] 
PUBLIC LAW 93-251-MAR. 7, 1974 
29 
provide that the non-Federal interests shall contribute 25 per centum 
of the costs of areas required for initial and subsequent disposal of 
spoil, and of necessary retaining dikes, bulkheads, and embankments 
therefor. 
(b) The requirements for appropriate non-Federal interest or inter- 
waiver. 
ests to furnish an agreement to contribute 25 per centum of the 
construction costs as set forth in subsection (a) shall be waived by the 
Secretary of the Army upon a finding by the Administrator of the 
Environmental Protection Agency that for the area to which such 
construction applies, the State or States involved, interstate agency, 
municipality, and other appropriate political subdivisions of the State 
and industrial concerns are participating in and in compliance with an 
approved plan for the general geographical area of the dredging 
activity for construction, modification, expansion, or rehabilitation of 
waste treatment facilities and the Administrator has found that 
applicable water quality standards are not being violated. 
SEC, 59. Notwithstanding any other provision of law, the States of ^rld^e'^"*'' ^°'^^' 
Illinois and Iowa, which are connected at Keokuk, Iowa, by the bridge 
" ^^' 
constructed by the Keokuk and Hamilton Bridge Company pursuant 
to Public Law 342 of the Sixty-third Congress and at Burlington, 
^s stat. 1220, 
Iowa, by the bridge constructed by the Citizens' Bridge Company, 
pursuant to Public Law 1 of the Sixty-fourth Congress are authorized 
^^ ^*^*- ^• 
to contract individually or jointly with either or both of the cities of 
Keokuk, Iowa, and Burlington, Iowa, on or before June 1, 1974, to 
assume responsibility for the operation, maintenance, and repair of 
the bridges at Keokuk and Burlington and the approaches thereto and 
for lawful expenses incurred in connection therewith. When either or 
both States have entered into such an agreement any outstanding prin-
cipal and interest indebtedness on account of a bridge shall be paid 
from reserve funds accumulated for that purpose and the balance of 
such funds, if any, shall be used to defray costs of operating and main-
taining the bridge. After such an agreement is entered into with 
respect to a bridge that bridge shall thereafter be free of tolls. 
SEC. 60. The Secretary of the Army, acting through the Chief of 
ouyandot River 
Engineers, is authorized and directed to perform channel cleanout channe 1^01^^/31106. 
operations and snagging and clearing for selected streams where 
chronic and persistent flood conditions exist in the lower Guyandot 
River Basin, West Virginia, for the purpose of improving channel 
capacities, visual environment, and human well-being all in the interest 
of flood control. Such operations shall be performed as an interim meas-
ure pending completion of the R. D. Bailey Lake project at a total cost 
not to exceed $2,000,000. Appropriate non-Federal interests as deter-
mined by the Secretary of the Army, acting through the Chief of 
Engineers, shall, prior to initiation of remedial operations, agree in 
accordance with the provisions of section 221 of the Flood Control Act 
of 1970 that they will furnish the necessary lands, disposal areas, ease- ^^^ use i962d-
ments, and rights-of-way, and hold and save the United States free 
from damages due to the cleanout operations. 
SEC. 61. Section 205 of the Flood Control Act of 1948 (33 U.S.C. 
701s) is amended— 
(1) by striking out "$25,000,000" and inserting in lieu thereof 
"$30,000,000". 
(2) by striking out "advisable:" and all that follows down 
through and including the period at the end of such section and 
insert in lieu thereof the following: "advisable. The amount 
allotted, for a project shall be sufficient to complete Federal par-
ticipation in the project. Not more than $1,000,000 shall be allotted 
under this section for a project at any single locality, except that 
30 
PUBLIC LAW 93-251-MAR. 7, 1974 
[88 STAT. 
42 u s e 4401 
note. 
33 u s e 701c. 
Big Sandy 
River, Ky.-W. 
dam repair. 
Appropriation. 
Texas City, 
Tex., project modi-
fication. 
82 Stat. 742. 
Reservoir proj-
ects, water stor-
age. 
33 u s e 1252a. 
33 u s e 1252. 
Modification 
restrictions. 
Little Calumet 
River, 111., chan-
nel debris re-
moval. 
not more than $2,000,000 shall be allotted under this section for a 
project at a single locality if such project protects an area which 
has been declared to be a major disaster area pursuant to the Dis-
aster Eelief Act of 1966 or the Disaster Relief Act of 1970 in the 
five-year period immediately preceding the date the Chief of 
Engineers deems such work advisable. The provisions of local 
cooperation specified in section 3 of the Flood Control Act of June 
22, 1936, as amended, shall apply. The work shall be complete in 
itself and not commit the United States to any additional 
improvement to insure its successful operation, except as may 
result from the normal procedure applying to projects authorized 
after submission of preliminary examination and survey reports." 
SEC. 62. (a) The Secretary of the Army, acting through the Chief 
of Engineers, is authorized to perform such work as may be neces-
sary to provide for the repair and conversion to a fixed-type structure 
of dam numbered 3 on the Big Sandy River, Kentucky and West 
Virginia. 
(b) The work authorized by this section shall have no effect on the 
condition that local interests shall own, operate, and maintain the 
structure and related properties as required by the Act of August 6, 
1956 (70 Stat. 1062). 
(c) There is authorized to be appropriated not to exceed $330,000 
to carry out this section. 
SEC. 63. The project for hurricane-flood control at Texas City and 
vicinity, Texas, authorized by the Flood Control Act approved 
August 13, 1968, is hereby modified to provide that the non-Federal 
interests shall have until July 1,1974, to provide the assurances of local 
cooperation required in accordance with the recommendations of the 
Chief of Engineers in House Document Numbered 187, Ninetieth 
Congress. 
SEC. 64. Subsection (b) of section 206 of the Flood Control Act of 
1960, as amended (33 U.S.C. 709a), is further- amended by striking out 
"$11,000,000" and inserting in lieu thereof "$15,000,000". 
SEC. 65. In the case of any reservoir' project authorized for construc-
tion by the Corps of Engineers, Bureau of Reclamation, or other 
Federal agency when the Administrator of the Environmental Pro-
tection Agency determines pursuant to section 102(b) of the Federal 
Water Pollution Control Act that anv storage in such project for 
regulation of streamflow for water quality is not needed, or is needed 
in a different amount, such project may be modified accordingly by 
the head of the appropriate a^Tencv- and any storage no longer required 
for water quality may be utilized for other authorized purposes of the 
project when, in the opinion of the head of such agency, such use is 
justified. Any such modification of a project where the benefits attrib-
utable to water quality are 15 per centum or more but not greater than 
25 per centum of the total project benefits shall take effect only upon 
the adoption of resolutions approving such modification by the appro-
priate committees of the Senate and House of Representatives. The 
provisions of the section shall not apply to any project where the bene-
fits attributable to water quality exceed 25 per centum of the total 
project benefits. 
SEC. 66. (a) The Secretary of the Army, acting through the Chief 
of Engineers, is authorized to undertake measures to clear the channel 
of the main channel of the Little Calumet River, Illinois, from its con-
fluence with the Calumet-Sag channel eastward to Indiana State line, 
of fallen trees, roots, silt, and other debris and objects which contribute 
to flooding, unsightliness, and pollution of the river. 
88 STAT. 
PUBLIC LAW 93-251-lVIAR. 7, 1974 
31 
42 u s e 1962d-5. 
Lower Rio 
Grande Basin, 
Tex. 
(b) Prior to initiation of measures autliorized by this section, such 
non-Federal interests as the Secretary of the Army, acting through the 
Chief of Engineers, may require shall agree to such conditions of 
cooperation as the Secretary of the Army, acting through the Chief of 
Engineers, determines appropriate, except that such conditions shall 
be similar to those required for similar project purposes in other 
Federal waste resources projects. 
SEC. 67. The project for navigation at Murrells Inlet, South Caro- s.crprojecf^'' 
lina, authorized under provisions of section 201 of the Flood Control modification. 
Act of October 27, 1965 (Public Law 89-298), is hereby modified to 
"^ ""'^ '"'^ 
authorize and direct the Secretary of the Army, acting through the 
Chief of Engineers, to perform such emergency dredging operations 
as the Chief of Engineers determines necessary to maintain channel 
depths sufficient to permit free and safe movement of vessels until 
such time as the authorized project is constructed. 
SEC. 68. (a) The Secretary of the Army, acting through the Chief 
of Engineers, is authorized to undertake the phase 1 design memoran-
dum stage of advanced engineering and design of the project involving 
the Willacy-Hidalgo Floodwater Bypass, the Laguna Madre Flood-
water Channel, and the North Floodway Channel in the T./Ower Kio 
Grande Basin, in Willacy, Hidalgo, and Cameron Counties, Texas, 
substantially in accordance with the recommendations for phase I 
contained in the comprehensive study and plan of development. Lower 
E,io Grande Basin, Texas, dated July 1969, prepared by the United 
States Department of Agriculture in cooperation with the Texas 
Water Development Board, the Texas State Soil and Water Conserva-
tion Board, and the Texas Water Eights Commission, at an estimated 
Federal cost of $600,000. 
(b) The Secretary of the Army, in cooperation with the Secretary 
of Agriculture, shall seek reasonable assurances that an adequate land 
treatment program satisfactory to the Secretary of Agriculture will 
be installed to provide necessary protection to the watershed lands 
and planned structural measures; that non-Federal entities will 
acquire all land rights needed in connection with the construction of 
the works of improvement authorized by this section; and that such 
entities will operate and maintain any upstream structural works of 
improvement on non-Federal lands. 
(c) Notwithstanding any other provision of law or regulation, the ^ _
^
^
^
^
^
^ ^
^
^
^ 
draft environmental impact statement prepared on such works of s'tatementr 
improvement by the Soil Conservation Service pursuant to section 102 
(2) (C) of the National Environmental Policy Act shall constitute the 
''^ ^^'^ ''^^^• 
draft environmental impact statement on such works as authorized 
by this section, and such draft statement shall be circulated to Federal 
agencies and other appropriate parties at such time as the Secretary of 
the Army directs. 
SEC. 69. The project for beach erosion control and hurricane (tidal pia^'^^roec't*^' 
flooding) protection in Dade County, Florida, authorized by section modVfication. 
203 of the Flood Control Act of August 13,1968 (Public Law'90-483), 
is hereby modified to provide for initial construction by non-Federal 
interests, and for subsequent future nourishment bv Federal or non-
Federal interests, of the 0.85-mile project segment immediately south 
of Baker's Haulover Inlet, and for reimbursement of the applicable 
Federal share of those project costs as originally authorized. Federal 
reimbursement shall be contingent upon approval by the Chief of 
Engineers, prior to commencement of the work, of the detailed plans 
and specifications for accomplishing the work as being in accordance 
with the authorized project. 
Draft environ-
mental impact 
82 Stat. 740. 
32 
PUBLIC LAW 93-251-MAR. 7, 1974 
[88 STAT. 
Corpus Christi, 
Tex., ship chan-
nel. 
Report to 
Congress. 
East Rockaway 
Inlet, N.Y., proj-
ect modification. 
42 u s e 
note. 
4321 
Flood protection 
projects, 
structural 
natives. 
33 u s e 
non-
alter-
701b-ll. 
33 u s e 701c. 
Arkansas-Red 
River Basin, proj-
ect modification. 
80 Stat. 1420. 
84 Stat. 1825. 
Visitor protec-
tion services, 
study. 
42 u s e 1962d-5 
note. 
SEC. 70. Section 107(b) of the River and Harbor Act of 1970 (84 
Stat. 1818, 1820) is hereby amended by deleting "July 30, 1974" and 
inserting in lieu thereof "December 31,1976", and deleting "$6,500,000" 
and inserting in lieu thereof "$9,500,000". 
SEC. 71. The Secretary of the Army, acting through the Chief of 
Engineers, shall submit to the Congress not later than June 30, 1974, 
the survey report authorized by resolution of the Committee on Pub-
lic Works, House of Representatives, dated October 12, 1972, concern-
ing a modification of the Corpus Christi ship channel, Texas, project 
to provide increased depths and widths in the entrance channels from 
the Gulf of Mexico to a deeper draft inshore port in the vicinity of 
Harbor Island, Texas, and shall complete the advanced engineering 
and design for such modification by June 30, 1975. Such advanced 
engineering and design may be accomplished prior to authorization 
of the modification. The Secretary of the Army, acting through the 
Chief of Engineers, is authorized to accept funds made available by 
non-Federal interests and to expend such funds for the preparation 
of the survey report and accomplishment of the advanced engineering 
and design authorized and directed by this section. Such funds shall 
be repaid to such non-Federal interests out of moneys appropriated 
for construction of the modification. 
SEC. 72. The project for hurricane-flood protection and beach ero-
sion control at East Rockaway Inlet to Rockaway Inlet and Jamaica 
Bay, New York, authorized by the Flood Control Act of 1965 (79 Stat. 
1073), is hereby modified to authorize the Secretary of the Army, act-
ing through the Chief of Engineers, to commence work on the beach 
erosion control aspect of the project, independently of the hurricane-
flood protection aspect of the project. Construction of the beach 
erosion control aspect of the project may commence follow^ing the 
completion of environmental studies regarding that aspect, conducted 
pursuant to the National Environmental Policy Act of 1969. Nothing 
herein shall increase or reduce the percentage of total costs of the entire 
project to be contributed by the affected non-Federal interests. 
SEC. 73. (a) In the survey, planning, or design by any Federal 
agency of any project involving flood protection, consideration shall 
be given to nonstructural alternatives to prevent or reduce flood dam-
ages including, but not limited to, floodproofing of structures; flood 
plain regulation; acquisition of flood plain lands for recreational, fish 
and wildlife, and other public purposes; and relocation with a view 
tow^ard formulating the most economically, socially, and environmen-
tally acceptable means of reducing or preventing flood damages. 
(b) Where a nonstructural alternative is reconimended, non-Fed-
eral participation shall be comparable to the value of lands, easements, 
and rights-of-way which w^ould have been required of non-Federal 
interests under section 3 of the Act of June 27, 1936 (Public Law-
Numbered 738, Seventy-fourth Congress), for structural protection 
measures, but in no event shall exceed 20 per centum of the project 
costs. 
SEC. 74. The project for water quality control in the Arkansas-Red 
River Basin, Texas, Oklahoma, and Kansas, authorized by the Flood 
Control Acts of 1966 and 1970, is hereby modified to authorize the 
Secretary of the Army, acting through the Chief of Engineers to 
initiate construction of the area V I I I feature of the project, consisting 
of a low-flow dam, pumping station and pipeline, and a brine dam, 
prior to the approval required by section 201 of the Flood Control Act 
of 1970. 
SEC. 75. The Secretary of the Army, acting through the Chief of 
Engineers, is authorized and directed to study the need for and means 
of providing visitor protection services at water resources develop-
88 STAT. ] 
PUBLIC LAW 93-251-MAR. 7, 1974 
33 
ment projects under the jurisdiction of the Department of the Army, 
and to report thereon to the Congress, with his recommendations, not 
later than December 31,1974. 
SEC. 76. The paragraph of section 209 of the Flood Control Act 
of 1966, Public Law 89-789, authorizing and directing the Secretary 
of the Army, acting through the Chief of Engineers, to conduct a sur-
vey of the Great South Bay, New York, is amended to read as follows: 
"Great South Bay, New York, including the waters of adjoining 
lesser bays and inlets with respect to water utilization and control. 
Such investigations and study shall include, but not be limited to, 
navigation, fisheries, flood control, control of noxious weeds, water 
pollution, water quality control, beach erosion, and recreation. Such 
survey shall be provided to the Congress by July 31, 1975, and shall 
include the use of a comprehensive computer model." 
SEC. 77. (a) The Federal Water Project Recreation Act (79 Stat. 
213) is hereby amended as follows: 
(1) Strike out "and to bear not less than one-half the separable 
costs of the project allocated to either or both of said purposes, as 
the case may be" in section 2(a) and insert in lieu thereof "and to 
bear not less than one-half the separable costs of the project allocated 
to recreation, and to bear one-quarter of such costs allocated to fish 
and wildlife enhancement". 
(2) Strike out "not more than one-half the separable costs" in sec-
tion 2(a) (3) and insert in lieu thereof "not more than one-half the 
separable costs of the project allocated to recreation and exactly three-
quarters of such costs allocated to fish and wildlife enhancement". 
(3) Strike out "bear not less than one-half the costs of lands, facili-
ties, and project modifications provided for either or both of those 
purposes, as the case may be" in section 3(b) (1) and insert in lieu 
thereof "bear not less than one-half the costs of lands, facilities, and 
project modifications provided for recreation, and will bear one-quarter 
of such costs for fish and wildlife enhancement". 
(b) The amendments made by this section shall apply to all projects 
the construction of which is not substantially completed on the date 
of enactment of this Act. 
(c) In the case of any project (1) authorized subject to specific cost-
sharing requirements which were based on the same percentages as 
those established in the Federal Water Project Recreation Act, and 
(2) construction of which is not substantially completed on the date 
of enactment of this Act, the cost-sharing requirements for such proj-
ect shall be the same percentages as are established by the amendments 
made by subsection (a) of this section for projects which are subject 
to the Federal Water Project Recreation Act. 
SEC. 78. The project for flood protection on Indian Bend Wash, 
Maricopa County, Arizona, authorized by the Flood Control Act of 
1965 (79 Stat. 1083) is hereby modified to provide that all costs of the 
siphon system from the Arizona Canal, required to be provided in 
connection with the relocation of irrigation facilities shall be paid by 
the United States. 
SEC. 79. The multi-purpose plan for the improvement of the 
Arkansas River and tributaries, authorized by the River and Harbor 
Act of July 24, 1946, as amended and modified, is hereby further 
amended to authorize the Secretary of the Army, acting through the 
Chief of Engineers, to reassign the storage provided in the Oologali 
Reservoir for hydroelectric power production to municipal and indus-
trial water supply and to make such storage available for such pur-
poses under the Water Supply Act of 1958, as amended. 
Report to 
Congress. 
Great South 
Bay, N.Y. 
80 Stat. 1424. 
Survey, report 
to Congress. 
16 u s e 460^-12. 
16 u s e 460/-13. 
16 u s e 460/-14. 
16 u s e 460Z-13 
note. 
Cost-sharing 
requirements. 
16 u s e 460Z-13 
note. 
Indian Bend 
Wash, Maricopa 
Co., Ariz,, project 
modification. 
Arkansas River 
and tributaries. 
60 Stat. 640. 
43 u s e 390b 
note. 
34 
PUBLIC LAW 93-251-MAR. 7, 1974 
[88 STAT. 
Interest rate 
formula. 
42 u s e 1962d-
17. 
Repeals. 
Certain projects 
non-Federal pay-
ments, discount 
rate. 
Water and re-
lated resources 
projects. Presi-
dential study. 
42 u s e 1962-2. 
Report to 
Congress. 
Duluth, Minn., 
Great Lakes 
model. 
Report to 
Congress. 
Clean drinking 
water, emergency 
supplies. 
SEC. 80. (a) The interest rate formula to be used in plan formula-
tion and evaluation for discounting future benefits and computing 
costs by Federal officers, employees, departments, agencies, and instru-
mentalities in the preparation of comprehensive regional or river 
basin plans and the formulation and evaluation of Federal water and 
related land resources projects shall be the formula set forth in the 
"Policies, Standards, and Procedures in the Formulation, Evaluation, 
and Review of Plans for Use and Development of Water and Related 
Land Resources" approved by the President on May 15, 1962, and 
published as Senate Document 97 of the Eighty-seventh Congress on 
May 29, 1962, as amended by the regulation issued by the Water 
Resources Council and published in the Federal Register on Decem-
ber 24, 1968 (33 F.R. 19170; 18 C.F.R. 704.39), until otherwise pro-
vided by a statute enacted after the date of enactment of this Act. 
Every provision of law and every administrative action in conflict with 
this section is hereby repealed to the extent of such conflict. 
(b) In the case of any project authorized before January 3, 1969, if 
the appropriate non-Federal interests have, prior to December 31, 
1969, given satisfactory assurances to pay the required non-Federal 
share of project costs, the discount rate to be used in the computation 
of benefits and costs for such project shall be the rate in effect imme-
diately prior to December 24, 1968, and that rate shall continue to be 
used for such project until construction has been completed, unless 
otherwise provided by a statute enacted after the date of enactment 
of this Act. 
(c) The President shall make a full and complete investigation and 
study of principles and standards for planning and evaluating water 
and related resources projects. Such investigation and study shall 
include, but not be limited to, consideration of enhancing regional eco-
nomic development, the quality of the total environment including its 
protection and improvement, the well-being of the people of the 
United States, and the national economic development, as objectives 
to be included in federally-financed water and related resources proj-
ects and in the evaluation of costs and benefits attributable to such 
projects, as intended in section 209 of the Flood Control Act of 1970 
(84 Stat. 1818,1829), the interest rate formula to be used in evaluating 
and discounting future benefits for sucli projects, and appropriate 
Federal and non-Federal cost sharing for such projects. He shall report 
the results of such investigation and study, together with his recom-
mendations, to Congress not later than one year after funds are 
first appropriated to carry out this subsection. 
SEC. 81. The Secretary of the Army, acting through the Chief of 
Engineers, is authorized and directed to study the feasibility and 
practicality of constructing, operating, and maintaining in the vicin-
ity of Duluth, Minnesota, a hydraulic model of all or a part of the 
Great Lakes and their connecting channels and an associated technical 
center, and to report thereon to Congress with reconunendations not 
later than June 30,1976. 
SEC. 82. Section 5 of the Flood Control Act approved August 18, 
1941, as amended (33 U.S.C. 701n), is amended as follows: 
(1) The first sentence is amended by striking out "in the amount 
of $15,000,000". 
(2) By inserting immediately after the first sentence the following 
new sentence: "The Chief of Engineers, in the exercise of his discretion, 
is further authorized to provide emergency supplies of clean drinking-
water, on such terms as he determines to be advisable, to any locality 
which he finds is confronted with a source of contaminated drinking 
water causing or likely to cause a substantial threat to the public 
health and welfare of the inhabitants of the locality." 
88 STAT. ] 
PUBLIC LAW 93-251-MAR. 7, 1974 
35 
(3) The proviso in the next to the last sentence is amended by 
striking out "of said sum," and inserting in lieu thereof the follow-
ing : "of sums to such emergency fund,". 
SEC. 83. (a) The project for Bonneville Lock and Dam, Columbia 
River, Oregon and Washington, authorized by the Act of August 30, 
1935 (49 Stat. 1028) and the Act of August 20, 1937 (50 Stat. 731) 
is hereby modified to authorize the Secretary of the Army, acting 
through the Chief of Engineers, in connection with the construction 
of the Bonneville second powerhouse, to relocate the town of North 
Bonneville, Washington, to a new townsite. 
(b) As part of such relocation, the Secretary of the Army, acting 
through the Chief of Engineers, is authorized to cooperate in the 
planning of a new town with other Federal agencies and appropriate 
non-Federal interests; to acquire lands necessary for the new town 
and to convey title to said lands to individuals, business or other 
entities, and to the town as appropriate; and to construct a central 
sewage collection and treatment facility and other necessary munici-
pal facilities. 
(c) The compensation paid to any individual or entity for the 
taking of property under this section shall be the amount due such 
individual or entity under the Uniform Relocation Assistance and 
Real Property Acquisition Policies Act of 1970 less the fair market 
value of the real property conveyed to such individual or entity in 
the new town. Municipal facilities provided under the authority of 
this section shall be substitute facilities which serve reasonably as 
well as those in the existing town of North Bonneville except that 
they shall be constructed to such higher standards as may be neces-
sary to comply with applicable Federal and State laws. Additional 
facilities may be constructed, or higher standards utilized, only at 
the expense of appropriate non-Federal interests. 
(d) Before the Secretary of the Army acquires any real property 
for the new townsite appropriate non-Federal interests shall furnish 
binding contractual commitments that all lots in the new townsite will 
be either occupied when a vailahle, will be replacements for open space 
and vacant lots in the existing town, or will be purchased by non-
Federal interests at the fair market value. 
SEC. 84, (a) The project for flood protection on Fourmile Run, city 
of Alexandria and Arlington County, Virginia, approved by resolu-
tions of the Committees on Public Works of the LTnited States Senate 
and House of Representatives, dated June 25, 1970, and July 14, 1970, 
respectively, in accordance with the provisions of section 201 of the 
Flood Control Act of 1965 (Public Law 84-298), is hereby modified to 
incorporate the following: 
(1) A channel capacity sufficient to accommodate flood flows of 
twenty-seven thousand cubic feet per second; 
(2) An increase in channel bottom widths along Fourmile Run 
from one hundred seventy-five to two hundred feet from Mount 
Vernon Avenue to Long Bi'anch and from one hundred fifty to 
one hundred seventy-five feet above Long Branch, and, along 
Long Branch, from forty to sixty feet. 
(3) The deletion of the pumping stations, ponding areas, and 
levees, except for a short levee on Long Branch, and the substitu-
tion therefor of bank retention structures, including walls where 
required due to space limitations, and flood proofing by non-
Federal interests of existing and future structures as necessary to 
provide protection against a one hundred-year flood; 
(4) The addition of recreation as a project feature, including 
pedestrian and bicycle trails, active and passive recreation areas, 
picnic areas, and protection of existing mai-shland area. 
Bonneville Lock 
and Dam, Colum-
bia River, Oreg. 
and Wash. 
33 u s e 540 
note. 
16 u s e 832. 
North Bonne-
ville, Wash., 
relocation. 
42 u s e 4601 
note. 
Fourmile Run, 
Va., flood pro-
tection. 
42 u s e 1962d-5. 
36 
PUBLIC LAW 93-251-MAR. 7, 1974 
[88 STAT. 
(b) Prior to initiation of construction of this project, appropriate 
non-Federal interests shall agree to— 
(1) provide without cost to the United States all lands, ease-
ment, and rights-of-way necessary for constiniction of the project; 
(2) accomplish without cost to the United States all relocations 
and alterations to existing improvements, other than railroads 
and the George Washington Memorial Parkway Bridge, which 
may be required hj the construction works, including the recon-
struction of the existing United States Koute 1 highway bridge 
with its approach ramps; 
(3) hold and save the United States free from damages due 
to the construction works; 
(4) maintain and operate all the works after completion in 
accordance with regulations prescribed by the Secretary of the 
Army; 
(5) prevent encroachment on the project flood channels that 
would decrease the effectiveness of the flood control improve-
ment ; 
(6) provide at their own expense flood proofing of existing and 
future building and other measures as necessary to provide flood 
protection against a one hundred-year flood; 
(7) develop a land management planning process acceptable to 
the Secretary of the Army for the entire watershed, including 
Arlington and Fairfax Counties and the cities of Alexandria 
and Falls Church, to insure that future development in the basin 
will not result in increased runoff which would impair the effec-
tiveness of the flood control improvement; 
(8) develop a land use management planning process satisfac-
tory to the Secretary of the Army for the area protected by the 
project and other areas within the jurisdiction of the non-Fed-
eral interest or interests furnishing the cooperation for the proj-
ect, which will insure,, among other things, that future development 
will not be permitted in flood prone areas unless suitable structural 
or non-structural flood conti'ol measures are first undertaken by 
non-Federal public or private interests at no expense to the Fed-
eral Government; 
(9) contribute in cash toward construction of the project a sum 
estimated at $2,439,000, as follows: 
(A) city of Alexandria—one-half of the cost of construc-
tion of the channels and floodwalls between Commonwealth 
Avenue and Interstate 95, in the city of Alexandria, or 
$1,500,000, whichever is greater, 
(B) Arlington County—$500,000, 
(C) Richmond, Fredericksburg, and Potomac Eailroad 
Company—$439,000; 
(10) pay 50 per centvmi of the separable costs of the project 
allocated to recreation, consistent with the Federal Water Proj-
ect Recreation Act (Public Law 89-72). 
)te.^^^ ^^^^'^^ 
(c) There is authorized to be appropriated to the Secretary of the 
Appropriation. 
Army for coustruction of the Fourmile Run project not to exceed 
$29,981,000, plus or minus such amounts, if any, as may be justified by 
reason of ordinary fluctuation in the cost of construction as indicated 
by engineering cost indexes applicable to the type of construction 
involved. 
Lake va and 
^^^- ^^- ^^) '^^® projccts for Vcroua Dam and Lake, Virginia, and 
Sixes'Brldge'oam for Sixcs Bridge Dam and Lake, Maryland, are hereby authorized 
and Lake, Md., 
Substantially in accordance with the recommendations of the Secretary 
project m
o i ica- ^
^
^ ^^^ Army lu House Document Numbered 91-343 as modified by the 
42 u s e 1962d-7 
note. 
note. 
Verona Dam and 
88 STAT. ] 
PUBLIC LAW 93-251-MAR. 7, 1974 
37 
recommendations of the Chief of Engineers in his report dated Ju\j_ 
13,1973, except that such authorization shall be limited to the phase I 
design memorandum of advanced engineering and design, at an esti-
mated cost of $1,400^000. 
(b) (1) Prior to any further authorization of such Sixes Bridge 
Dam Project, the Secretary of the Army, acting through the Chief 
of Engineers shall (A) make a full and complete investigation and 
study of the future water resources needs of the Washington metro-
politan area, including but not limited to the adequacy of present 
water supply, nature of present and future uses, the effect water pric-
ing policies and use restrictions may have on future demand, the 
feasibility of utilizing water from the Potomac estuary, all possible 
water impoundment sites, natural and recharged ground water supply, 
wastewater reclamation, and the effect such projects will have on fish, 
wildlife, and present beneficial uses, and shall provide recommenda-
tions based on such investigation and study for supplying such needs, 
and (B) report to the Congress the results of such investigation and 
study together with such recommendations. The study of measures to 
meet the water supply needs of the Washington metropolitan area 
shall be coordinated with the Northeastern United States water supply 
study authorized by the Act of October 27, 1965 (79 Stat. 1073). 
(2) The Secretary of the Army, acting through the Chief of Engi-
neers, shall undertake an investigation and study of the use of estuary 
waters to determine the feasibility of using such w^aters as a source 
of water supply and is authorized to construct, operate, and evaluate 
a pilot project on the Potomac estuary for the treatment of such waters 
at an estimated cost of $6,000,000. The Secretary of the Army, acting 
through the Chief of Engineers, shall report to the Congress on the 
results of such project within three years after commencement of 
operation of such project and such report shall include the results 
of two years testing at the pilot project for the treatment of water 
from the Potomac estuary. 
(3) The Secretary of the Army, acting through the Chief of Engi-
neers, shall request the National Academy of Sciences-National 
Academy of Engineering to review and by written report comment 
upon the scientific basis for the conclusions reached by the investiga-
tion and study of the future water resource needs of the Washington 
metropolitan area and the pilot project for the treatment of water 
from the Potomac estuary. Such review and written report shall be 
completed and submitted to the Congress within one year following 
the completion of both the Corps of Engineers report on the future 
water resource needs of the Washington metropolitan area and the 
report on the results derived from the pilot project for the treatment 
of water from the Potomac estuary. Completion of such revicM^ and 
written report by the National Academy of Sciences-National Acad-
emy of Engineering shall be a condition of further authorization of 
such Sixes Bridge Dam Project. 
(4) The Secretary of the Army is authorized to enter into appro-
priate arranofements with the National Academy of Sciences-National 
Academy of Engineering for the purpose of this subsection. 
(c) There is authorized $1,000,000 for the purposes of carrying out 
the provisions contained in paragraph (3) of subsection (b). 
SEC. 86. (a) The Secretary of the Army, acting through the Chief 
of Engineers, is authorized to assist the National Park Service in the 
National Park Service's program to plan for. design, and implement 
restoration of the historical and ecological values of Dyke Marsh on 
the Potomac River. Such assistance may include, but need not be 
Washington 
metropolitan 
area, future water 
needs, study. 
Report to 
Congress. 
42 u s e 1962d-4. 
Report to 
Congress. 
Review and 
report. 
Report to 
Congress. 
Appropriation. 
Dyke Marsh, 
Potomac River, 
restoration. 
38 
PUBLIC LAW 93-251-MAR. 7, 1974 
[88 STAT. 
Potomac River 
basin study, 
transmittal to 
Congress. 
Study, trans-
mittal to Con-
gress. 
Mississippi 
River and tribu-
taries , project 
modification. 
49 Stat. 1575, 
1580. 
Chatfiel(J Dam, 
South Platte 
River, Colo., 
project modifica-
tion. 
Rogue River 
Basin, Oreg. and 
Calif., project 
modification. 
76 Stat. 1 192. 
limited to, furnishing suitable fill material obtained from the Potomac 
Kiver or its tributaries, its placement, upon request, and engineering 
and technical services. 
(b) The Secretary of the Army, acting through the Chief of Engi-
neers, is authorized and directed to make an investigation and study of 
the siltation and sedimentation problems of the Potomac Eiver basin 
with particular emphasis on these problems as they exist in the Wash-
ington metropolitan area of the basin. This study is to be made in 
consultation with the Departments of Interior and Agriculture, the 
Environmental Protection Agency, and other interested Federal, 
State, and local entities and is to include, but need not be limited to, a 
description of the extent of such problems together with the Chief of 
Engineers' recommendations on feasible and environmentally sound 
methods of removing polluted river bed materials to enhance water 
quality, recreation use, fish and wildlife, navigation, and the esthetics 
of the basin, as well as his recommendations on alternative methods 
and sites for the proper disposal of such materials. The Secretary of 
the Army shall transmit this study and the Chief of Engineers' rec-
ommendations to the Congress no later than three years from the date 
of enactment of this Act. 
SEC. 87. The comprehensive plan for flood control and other pur-
poses for the Mississippi River and tributaries, approved by the Flood 
Control Act of June 15, 1936, as amended, is hereby modified to 
provide that the channel of Bavou Courtableau be enlarged from 
Washington to the west protection levee in lieu of the authorized 
Washington to Courtableau diversion, and that the right-of-way and 
spoil areas therefor be provided at Federal expense. Further, that 
additional culverts through the west protection levee be provided as 
necessarv for the increased flow. 
SEC. 88. (a) The project for flood control below Chatfield Dam on the 
South Platte River, Colorado, authorized by the Flood Control Act of 
1950 (64 Stat. 175), is hereby modified to authorize the Secretary of the 
Army, acting through the Chief of Engineers, to participate with non-
Federal interests in the acquisition of lands and interests therein and 
in the development of recreational facilities immediately downstream 
of the Chatfield Dam, in lieu of a portion of the authorized channel 
improvement, for the purpose of flood control and recreation. 
(b) Such participation shall (1) consist of the amount of savings 
realized by the United States, as determined by the Secretary of the 
Army, acting through the Chief of Engineers, in not constructing that 
portion of the authorized channel improvement below the dam, 
together with such share of any land acquisition and recreation devel-
opment costs, over and above that amount, that the Secretary of the 
Army determines is comparable to the share available under similar 
Federal programs providing financial assistance for recreation and 
open spaces, (2) in the instance of the aforementioned land acquisi-
tion, be restricted to those lands deemed necessary by the Secretary of 
the Army for flood control purposes, and (3) not otherwise reduce the 
local cooperation required under the project. 
(c) Prior to the furnishing of the participation authorized by this 
Act, non-Federal interests shall enter into a binding written agree-
ment with the Secretary of the Army to prevent any encroachments in 
needed flood plain detention areas which would reduce their capabil-
ity for flood detention and recreation. 
SEC. 89. The project for the Rogue River Basin, Oregon and Cali-
fornia, as authorized in section 203 of the Flood Control Act of 1962 
(Public Law 87-874) is modified to provide that construction of the 
Applegate Lake, Oregon project may commence prior to non-Federal 
interests making necessary arrangements with the Secretary of the 
88 STAT. ] 
PUBLIC LAW 93-251-MAR. 7, 1974 
39 
Interior for repayment in accordance with Federal reclamation laws. 
The Applegate project shall not be operated for irrigation purposes 
until such time as the Secretary of the Interior makes the necessary 
arrangements with non-Federal interests to recover the costs, in accord-
ance with Federal reclamation laws, which are allocated to the irriga-
tion purpose. 
SEC. 90. The plan for flood protection in the Big Sandy Kiver 
Basin, Kentucky, West Virginia, and Virginia included in the compre-
hensive plan for flood control in the Ohio River Basin, authorized by 
the Flood Control Act, approved June 22, 1936 (49 Stat. 1570), as 
amended and modified, is hereby further modified to authorize the 
Secretary of the Army, acting through the Chief of Engineers, to 
provide all communities in the Tug Fork Valley of the Big Sandy 
River Basin, Kentucky, Virginia, and West Virginia, w4th compre-
hensive flood protection by a combination of local flood protection 
works and residential flood proofing similar to the measures described 
by the Chief of Engineers m the "Report on Tug Fork, July 1970", 
except that such authorization shall be limited to the phase I design 
memorandum stage of advanced engineering and design at an esti-
mated cost of $1,290,000. 
SEC. 91. The New York Harbor collection and removal of drift 
project is hereby modified in accordance with the recommendations 
contained in "Survey Report on Review of Project, New York Harbor 
Collection and Removal of Drift," dated June 1968, revised March 
1969, and April 1971, on file in the Office, Chief of Engineers. There is 
authorized to be appropriated not to exceed $14,000,000 to carry out 
the modification authorized by this section. 
SEC. 92. (a) The hurricane-flood protection project on Lake Pont-
chartrain, Louisiana, authorized by section 204 of the Flood Control 
Act of 1965 (Public Law 89-298) is hereby modified to provide that 
non-Federal public bodies may agree to pay the unpaid balance of the 
cash payment due, with interest, in yearly installments. The yearly 
installments will be initiated when the Secretary determines that the 
project is complete but in no case shall the initial installment be 
delayed more than ten years after the initiation of project construction. 
Each installment shall not be less than one twenty-fifth of the remain-
ing unpaid balance plus interest on such balance, and the total of such 
installments shall be sufficient to achieve full payment, including inter-
est, within twenty-five years of the initiation of project construction. 
(b) The rate of interest on the unpaid balance shall be that specified 
in section 301(b) of the Water Supply Act of 1958 (Public Law 
85-500). 
(c) Any payment agreement pursuant to the provisions of this Act 
shall be in writing, and the provisions of subsections (b), (c), and (e) 
of section 221 of the Flood Control Act of 1970 (Public Law 91-611) 
shall be applicable to such written agreement. 
SEC. 93. Section 107 of the River and Harbor Act of 1948 (62 Stat. 
1174) is amended by striking out "$22,000" and inserting in lieu 
thereof "$45,000". 
SEC. 94. (a) The Secretary of the Army, acting through the Chief 
of Engineers, is authorized and directed, in coordination with the State 
of Kentucky and appropriate local agencies, (1) to repair existing 
flood damage to River Road at Rabbit Hash, Boone County. Kentucky, 
or, as appropriate, to relocate River Road, (2) to repair existing flood 
damage to Huff Road (also known as Ryle Road) at Hamilton Land-
ing, Boone County, Kentucky, or, as appropriate, to relocate Huff 
Road, and (3) to construct needed streambank protection works to 
prevent future erosion damage to public and private facilities at and 
near Boone County, Kentucky. 
Big Sandy River 
Basin, flood plan. 
New York Har-
bor, project modi-
fication. 
Appropriation. 
Lake Pontchar-
train, La., project 
modification. 
79 Stat. 1077. 
72 Stat. 319. 
42 u s e 1962d-
5b. 
22 u s e 275a. 
Boone County, 
Ky., flood dam-
age. 
40 
PUBLIC LAW 93-251-MAR. 7, 1974 
[88 STAT. 
Appropriation. 
Russian River, 
Calif., project 
modification. 
80 Stat. 1428. 
Kehoe Lake, 
Ky., study. 
Salisbury, Md. 
42 u s e 4321 
note. 
Broadway Lake, 
S . C , demonstra-
tion project. 
(b) There is authorized to be appropriated not to exceed $375,000 
for the roadwork authorized by this section and not to exceed $600,000 
to construct the bank protection works. 
SEC. 95. The project for Russian River, Dry Creek, California, as 
authorized in section 203 of the Flood Control Act of 1962 (76 Stat. 
1173), as modified, is further modified to authorize and direct the Sec-
retary of the Army, acting through the Chief of Engineers, to com-
pensate for fish losses on the Russian River which may be attributed 
to the operation of the Coyote Dam component of the project through 
measures such as possible expansion of the capacity of the fish hatchery 
at the Warm Springs Dam component of the project. 
SEC. 96. The Secretary of the Army, acting through the Chief of 
Engineers, is authorized and directed to investigate and study the 
feasibility of acquiring, as a part of the project for Kehoe Lake, Ken-
tucky, authorized by the Flood Control Act of 1966, an area consisting 
of approximately 4,000 acres for maintenance in its natural state and 
for the purpose of environmental investigations. 
SEC. 97. (a) If the Secretary of the Army acting through the Chief 
of Engineers, finds that the proposed project in Salisbury, Maryland, 
to be undertaken at the locations to be declared nonnavigable under 
this section is in the public interest, on the basis of engineering studies 
to determine the location and structural stability of any bulkheading 
and filling and permanent pile-supported structures, in order to pre-
serve and maintain the remaining navigable waterway and on the basis 
of environmental studies conducted pursuant to the National Environ-
mental Policy Act of 1969, then those portions of the South Prong of 
the Wicomico River in Wicomico County, State of Maryland, bounded 
and described as foUoAvs, are declared to be not a navigable water of 
the United States within the meaning of the laws of the United States, 
and the consent of Congress is hereby given, consistent with subsection 
(b) of this section, to the filling in of a part thereof or the erection of 
permanent pile-supported structures thereon: That portion of the 
South Prong of the Wicomico River in Salisbury, Maryland, bounded 
on the east by the west side of United States Route 13; on the west 
by the west side of the Mill Street Bridge; on the south by a line five 
feet landward from the present water's edge at high tide extending 
the entire length of the South Pi-ong from the east boundary at United 
States Route 13 to the west boundary at the Mill Street Bridge; and 
on the north by a line five feet landward from the present water's edge 
at high tide extending the entire length of the South Prong from the 
east boundary at United States Route 13 to the west boundary at the 
Mill Street Bridge. 
(b) This declaration shall apply only to the portions of the areas 
described in subsection (a) which are bulkheaded and filled or occu-
pied bv permanent pile-supported structures. Plans for bulkheading 
and filling and permanent pile-supported structures shall be approved 
by the Secretary of the Army, acting through the Chief of Engineers. 
Such bulkheaded and filled areas or areas occupied by permanent pile-
supported structures shall not reduce the existing width of the Wicom-
ico River to less than sixty feet and a minimum depth of five feet 
shall be maintained within such sixty-foot width of the Wicomico 
River. Local interests shall reimburse the Federal Government for 
engineering and all other costs incurred under this section. 
SEC. 98. The Secretary of the Army, acting through the Chief of 
Engineers, is authorized and directed to undertake a demonstration 
project for the removal of silt and aquatic growth from Broadway 
Lake, Anderson County. South Carolina, at an estimated cost of 
$400,000. The Secretary shall report to the Administrator of the 
88 STAT, ] 
PUBLIC LAW 93-251-IVlAR. 7, 1974 
41 
Environmental Protection Agency the plans for and the results of such 
project together with such recommendations as he determines neces-
sary to assist in carrying out the program for fresh water lakes under 
section 314 of the Federal Water Pollution Control Act. 
SEC. 99. The Cache River Basin Project Feature Mississippi River 
and Tributaries Project, Arkansas, authorized by the Flood Control 
Act approved May 17, 1950, is hereby modified to provide for acquisi-
tion by fee or easements, of not more than seventy thousand acres of 
land for fish and wildlife management, recreation, and environmental 
purposes, of which not less than thirty thousand acres shall be avail-
able for public use in accordance with the recommendations of the 
Chief of Engineers in House Document Numbered 92-366. The total 
Federal expenditure for this acquisition shall not exceed $7,000,000 
and local interests shall contribute 50 per centum of any cost in excess 
of $6,000,000. No action may be initiated for any taking of pro-
spective mitigation lands until an offer has firet been made to the 
landowner thereof to take only an environmental easement. Easement-
taking offers shall allow the landowner the choice of either keeping 
access subject to private control or allowing public access. Easements 
for environmental purposes on lands not cleared at the time of taking 
shall prevent clearing of the land for commercial agricultural pur-
poses or any other purpose inconsistent with wildlife habitat but shall 
allow any landowners to manage the lands to provide a perpetual, 
regularly harvested hardwood forest, which may be harvested in such 
a manner as to provide food and habitat for a variety of wildlife. 
Selection of areas and designation of use shall be within tlie discretion 
of the Chief of Engineers. Section 401 of the Act of June 15, 1935 
(16 U.S.C. 715s), pertaining to the distribution of revenues, is hereby 
extended and made applicable to those lands acquired hereunder by 
the Department of the Army, Corps of Engineers, for mitigation pur-
poses upon their transfer to the Department of the Interior, or any 
other governmental agency. No less than 20 per centum of the funds 
appropriated each fiscal year for the Cache River project shall be 
appropriated to implement mitigation until the full mitigation amount 
has been appropriated. 
SEC. 100. The Knife River Harbor project on Lake Superior, Minne-
sota, is hereby modified to require the Secretary of the Army, acting 
through the Chief of Engineers, to construct such measures as the 
Chief of Engineers determines necessary to correct the design defi-
ciency which results in unsatisfactory entrance and mooring condi-
tions at such hai-bor, at an estimaJted cost of $850,000. 
SEC. 101. The project for flood protection on the Rahway River, New 
Jersey, authorized by the Flood Control Act of 1965 is hereby modi-
fied to provide that the costs of relocations of utilities within the chan-
nel walls shall be borne by the United States. 
SEC. 102. The project for flood protection on the Chariton River, 
Iowa and Missouri, as authorized by the Flood Control Act of 1954 (68 
Stat. 1262) is modified to authorize and direct the Secretary of the 
Army to make a payment of $700,000 to the Iowa Conservation Com-
mission toward the cost of construction by such Commission of the 
fish hatchery planned to be constructed for the purpose of restoring 
fish losses resulting from the construction of Rathbun, Saylorville, 
Coralville, and Red Rock Dam and Lake in the State of Iowa. No such 
payment shall be made until the Secretary of the Army, acting through 
the Chief of Engineers, shall have approved the plans for such fish 
hatchery. 
SEC. 103. The project for the Kansas River, Kansas, Nebraska, and 
Colorado, authorized by the Flood Control Act of 1962 (76 Stat. 1180, 
1187) is hereby modified to provide that the Secretary of the Army, 
86 Stat. 875. 
Cache River 
Basin, Ark., land 
acquisition, 
64 Stat. 172. 
Knife River 
Harbor, Minn., 
project modifica-
tion. 
Rahway River, 
N.J. 
79 Stat. 1075. 
Chariton River, 
Iowa and Mo., 
project modifica-
tion. 
Kansas River, 
project modifica-
tion. 
33 u s e 70Ic 
note. 
42 
PUBLIC LAW 93-251-MAR. 7, 1974 
[88 STAT. 
acting through the Chief of Engineers, is authorized to relocate the 
existing FAS 1343 crossing over the Vermilion Creek, as required for 
the Onaga Lake project, in advance of construction of such project. 
son'raTet^w^ v'^a^' 
^^^- ^^^' "^^^ requirements of section 221 of the Flood Control 
42 usc'i962d-* Act of 1970 (Public Law 91-611) shall not apply to any agreements, 
^^' 
to include agreements on recreational development, between the Fed-
eral Government and the State of "West Virginia for local cooperation 
as a condition for the construction of the project for Stonewall Jackson 
Lake, West Fork River, West Virginia, authorized by section 203 of 
80 Stat. 1421. 
the Flood Control Act of 1966 (Public Law 89-789). The Secretary 
of the Army, acting through the Chief of Engineers, is authorized 
to contract with the State of West Virginia on the items of local 
cooperation for the Stonewall Jackson Lake project, which are to 
be assumed by the State, notwithstanding that the State may elect 
to make its performance of any obligation contingent upon the State 
legislature making the necessary appropriations and funds being 
allocated for the same or subject to the availability of funds on the 
part of the State. 
souris River, 
gj,^_ -^QQ "j^j^g proiect for flood protection on the Souris River at 
N . D a k . , flood 
_ 
. 
i - r ^ i 
T I 
-i 
• 
p 
^ 
/-^ 
protection. 
Mmot, JNorth l^akota, ajjproved by resolutions oi the Committees on 
Public Works of the Senate,and House of Representatives under the 
authority of section 201 of the Flood Control Act of 1968, is hereby 
modified to authorize the Secretary of the Army, acting through the 
Chief of Engineers, to reimburse the designated non-Federal public 
bodies for the estimated additional cost being incurred by them for 
lands and relocations in the proposed channel realignment at the 
Third Avenue N.E. Bridge in Minot. The amount of reimbui-sable 
costs shall not exceed $200,000. 
Chester Bridge, 
§^0. 106. Notwithstanding section 105 of the River and Harbor 
Act of 1966 (80 Stat. 1406) or any other provision of the law, the 
States of Illinois and ]Missouri, which are connected by the bridge con-
54 Stat. 765. 
structcd by the city of Chester, Illinois, pursuant to Public Law 76-751 
7 2 Stat. 355. 
j^j^,(j p^bijc Law 85-512, are authorized to contract individually or 
jointly with the city of Chester, Illinois, on or before June 1, 1974, 
to assume responsibility for the operation, maintenance, and repair 
of the Chester Bridge and the approaches thereto and lawful expenses 
incurred in connection therewith (exclusive of principal, interest, and 
financing charges on the outstanding indebtedness on such bridge and 
approaches). When either or both States enter into such an agreement, 
all tolls thereafter charged for transit over such bridge shall, except as 
provided in the last two sentences of this Act, be used exclusively (A) 
to retire outstanding indebtedness (including reasonable interest and 
financing charges) on the bridge and approaches thereto and (B) 
credited into a sinking fund established for such bridge. No tolls shall 
be charged for transit over such bridge after the outstanding indebted-
ness on the bridge and approaches (including reasonable interest and 
financing charges) has been retired, or sufficient funds are available 
through the sinking fund to pay off all outstanding indebtedness 
(including reasonable interest and financing charges) on such bridge 
and approaches. If a State declines or is unable to participate in the 
agreement authorized by this Act, the other State may assume the 
responsibilities such State would have assumed under such an agree-
ment. In that event, the assuming State shall be entitled to receive from 
toll revenues, after provision is made for principal and interest pay-
ments on any indebtedness then outstanding on the bridge and its 
approaches, as reimbursement, an amount of money (no less often than 
annually) which is equal to the nonparticipating State's fair share 
of the operating, maintenance, repair, and other laAvful costs incurred 
in connection with the bridge and its approaches. 
88 STAT. ] 
PUBLIC LAW 93-251-MAR. 7, 1974 
43~ 
SEC. 107. If the Secretary of the Army, acting through the Chief of 
Engineers and in consultation with the Administrator of the Environ-
mental Protection Agency and affected non-Federal interests, deter-
mines that environmental, engineering, and economic considerations 
make it advisable to utilize the services of a regional or municipal sew-
age treatment plant for the treatment of sewage resulting from the 
operating of recreation and other facilities at Corps of Engineers 
water resources development projects, then the Secretary is authorized 
to include as part of the reasonable service charges contemplated by 
section 313 of the Federal Water Pollution Control Act payment, in 
^^ use 1323. 
whole or in part, for that portion of the costs of constructing the sew-
age treatment plant which is attributable to the purpose of treating 
the sewage resulting from the operation of such Corps facilities. Pay-
ment for such construction cost may be either in lump sum or on an 
installment basis. 
SEC. 108. (a) As used in this section the term "Secretary" shall 
"secretary." 
mean the Secretary of the Army, acting through the Chief of Engi-
neers. The Secretary, in accordance with the national recreation area 
concept included in the interagency report prepared pursuant to sec-
tion 218 of the Flood Control Act of 1968 (Public Law 90-483) by 
i«' use 460ee. 
the Corps of Engineers, the Department of the Interior, and the 
Department of Agriculture, as modified by this section, is authorized 
and directed to establish on the Big South Fork of the Cumberland 
Big south Fork 
River in Kentucky and Tennessee the Big South Fork National River and^n" c^re^auon 
and Recreation Area (hereafter in this section referred to as the Area. 
"National Area") for the purpost^s of conserving and interpreting an 
Establishment. 
area containing unique cultural, historic, geologic, fish and wildlife, 
archeologic, scenic, and recreational values, preserving as a natural, 
free-flowing stream the Big South Fork of the Cumberland River, 
major portions of its Clear Fork and New River stems, and portions 
of their various tributaries for the benefit and enjoyment of present 
and futui'e generations, the preservation of the natural integrity of 
the scenic gorges and valleys, and the development of the area's poten-
tial for healthful outdoor recreation. The boundaries shall be as gen- 
Boundaries. 
erally depicted on the drawing prepared by the Corps of Engineers 
and entitled "Big South Fork National River and Recreation Area" 
identified as map number BSF-NRRA(l) (A) and dated October 
1972, which shall be on file and available for public inspection in the 
office of the District Engineer, U.S. Army Engineer District, Nashville, 
Tennessee. 
(b) The Secretary shall establish the National Area by publication thf'r'iderli"" '" 
of notice thereof in the Federal Register when he determines that the Register. 
United States has acxjuired an acreage within the boundaries of the 
National Area that is efficiently administrable for the purposes of this 
section. After publication of notice, and after he has completed the 
construction of necessary access roads, day-use facilities, campground 
facilities, lodges, and administrative buildings, the Secretary shall 
transfer the jurisdiction of the National Area to the Secretary of the 
Interior who shall administer the National Area in accordance with 
the provisions of the Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 
1, 2-4), as amended and supplemented. In the administration of the 
National Area the Secretary may utilize such statutory authority 
available to him for the conservation and management of wildlife and 
natural resources as he deems appropriate to cany out the purposes 
of this section. The Secretary of the Interior may, after transfer to 
him, revise the boundaries from time to time, but the total acreage 
within such boundaries shall not exceed one hundred and twenty-five 
44 
PUBLIC LAW 93-251-MAR. 7, 1974 
[88 STAT. 
Land, waters, 
acquisition. 
Federal prop-
erty, transfer. 
Residential 
property, right of 
use and occu-
pancy. 
"Improved 
property." 
thousand acres. Following such transfer the authorities available to 
the Secretary in subsection (c) of this section shall likewise be avail-
able to the Secretary of the Interior. The Secretary may, prior to the 
transfer to the Secretary of the Interior, revise the boundaries from 
time to time, but the total acreage within such boundaries shall not 
exceed one hundred and twenty-five thousand acres. 
(c) (1) Within the boundaries of the National Area, the Secretary 
may acquire lands and waters or interests therein by donation, pur-
chase with donated or appropriated funds, or exchange or otherwise, 
except that lands (other than roads and rights-of-way for roads) 
ow^ned by the States of Kentucky and Tennessee or any political sub-
divisions thereof may be acquired only by donation. When an individ-
ual tract of land is only partly within, the boundaries of the National 
Area, the Secretary may acquire all of the tract by any of the above 
methods in order to avoid the payment of severance costs. Land 
so acquired outside of the boundaries of the National Area may be 
exchanged by the Secretary for non-Federal lands within the National 
Area boundaries, and any portion of the land not utilized for such 
exchanges may be disposed of in accordance w^ith the provisions 
of the Federal Property and Administrative Services Act of 1949 
(63 Stat. 377; 40 U.S.C. 471 et seq.), as amended. Notwithstanding 
any other provision of law, any Federal property within the bound-
aries of the National Area shall be transferred without consideration 
to the administrative jurisdiction of the Secretary for the purposes of 
this section. 
(2) With the exception of property or any interest in property that 
the Secretary determines is necessary for purposes of administration, 
preservation, or public use, any owner or owners (hereafter in this 
section referred to as "owner") of improved property used solely for 
noncommercial residential purposes on the date of its acquisition by 
the Secretary may retain the right of use and occupancy of such prop-
erty for such purposes for a term, as the owner may elect, ending either 
(A) upon the death of the owner or his spouse, whichever occurs later, 
or (B) not more than twenty-five years from the date of acquisition. 
The Secretary shall pay to the owner the fair market value of the 
property on the date of such acquisition, less the fair market value on 
such date of the term retained by the ow^ner. Such right: shall be sub-
ject to such terms and conditions as the Secretary deems appropriate 
to assure that the property is used in accordance with the purposes of 
this section; may be transferred or assigned; and may be terminated 
with respect to the entire property by the Secretary upon his deter-
mination that the property or any portion thereof has ceased to be used 
for noncommercial residential purposes, and upon tender to the holder 
of the right an amount equal to the fair market value, as of the date of 
the tender, of that portion of the right which remains unexpired on the 
date of termination. Any person residing upon improved property, 
subject to the right of acquisition by the Secretary as a tenant or by 
the sufferance of the owner or ownere of the property may be allowed 
to continue in such residence for the lifetime of such person or his 
spouse, whichever occurs later, subject to the same restrictions as 
applicable to owners residing upon such property and provided that 
any obligation or rental incurred as consideration for such tenancy 
shall accrue during such term to the United States to be used in the 
administration of this section. 
(3) As used in this section the term "improved property" means a 
detached year-round one-family dwelling which serves as the ow^nei^'s 
88 STAT. ] 
PUBLIC LAW 93-251-MAR. 7, 1974 
45 
permanent place of abode at the time of acquisition, and construction 
of which was begun before January 1, 1974, together with so much 
of the land on which the dwelling is situated, such land being in the 
same ownership as the dwelling, as the Secretary shall designate to 
be reasonably necessary for the enjoyment of the dwelling for the sole 
purpose of noncommercial residential use, except that the Secretary 
may exclude from any improved property any waters or land fronting 
thereon, together with so much of the land adjoining such waters or 
land as he deems necessary for public access thereto. 
(4) In any case where the Secretary determines that underlying 
minerals are removaJble consistent with the provisions of subsection 
(e) (3) of this section, the owner of the minerals underlying property 
acquired for the purposes of this section may retain such interest. The 
Secretary shall reserve the right to inspect and regulate the extraction 
of such minerals to insure that the values enumerated in subsection 
(a) are not reduced and that the purposes declared in subsection (e) 
(1) are not interfered with. 
(d) The Secretary, and the Secretary of the Interior after jurisdic-
tion over the National Area has been transferred to him under subsec-
tion (b) of this section, shall permit hunting, fishing, and trapping 
on lands and waters under his jurisdiction within the boundaries of 
the National Area in accordance with applicable Federal and State 
laws, except that he may designate zones where, and establish periods 
when, no hunting, fishing, or trapping shall be permitted for reasons 
of public safety, administration, fish or wildlife management, or pub-
lic use and enjoyment. Except in emergencies, any rules and regula-
tions of the Secretary or the Secretary of the Interior pursuant to 
this subsection shall be put into effect only after consultation with the 
appropriate State agency responsible for hunting, fishing, and trap-
ping activities. 
(e) (1) The National Area shall be established and managed for 
the purposes of preserving and interpreting the scenic, biological, 
archeological, and historical resources of the river gorge areas and 
developing the natural recreational potential of the area for the 
enjoyment of the public and for the benefit of the economy of the 
region. The area within the boundary of the National Area shall be 
divided into two categories; namely, the gorge areas and adjacent 
areas as hereinafter defined. 
(2) (A) Within the gorge area, no extraction of, or prospecting for 
minerals, petroleum products, or gas shall be permitted. No timber 
shall be cut within the gorge area except for limited clearing necessary 
for establishment of day-use facilities, historical sites, primitive camp-
grounds, and access roads. No structures shall be constructed within 
the gorge except for reconstruction and improvement of the historical 
sites specified in paragraphs (5) and (6) of this subsection and except 
for necessary day-use facilities along the primary and secondary access 
routes specified herein and within five hundred feet of such roads, 
and except for primitive campgrounds accessible only by water or on 
foot. No motorized transportation shall be allowed in the gorge area 
except on designated access routes. 
(B) Primary access routes into the gorge area may be constructed 
or improved upon the general route of the following designated roads: 
Tennessee Highway Numbered 52, FAS 2451 (Leatherwood Ford 
Road), the road into the Blue Heron Community, and Kentucky 
Highway Numbered 92. 
Mineral rights. 
Hunting, fishing, 
trapping. 
Gorge area, 
restrictions. 
Access routes. 
46 
PUBLIC LAW 93-251-MAR. 7, 1974 
[88 STAT. 
Adjacent areas, 
restrictions. 
Regulations. 
Boundaries. 
(C) Secondary access roads in the gorge area may be constructed 
or improved upon the following routes: the roads from Smith Town, 
Kentucky, to Worley, Kentucky, the road crossing the Clear Fork at 
Burnt Mill Bridge, the road from Goad, Tennessee, to Zenith, Ten-
nessee, the road from Co-Operative, Kentucky, to Kentucky Highway 
Numbered 92, the road entering the gorge across from the mouth of 
Alum Creek in Kentucky, the road crossing the Clear Fork at Peters 
Bridge. 
(D) All other existing roads in the gorge area shall be maintained 
for nonvehicular traffic only, except that nothing in this section shall 
abrogate the right of ingress and egress of those who remain in occu-
pancy under subsection (c) (1) of this section. 
(E) Road improvement or maintenance and any construction of 
roads or facilities in the gorge area as permitted by this section shall 
be accomplished by the Secretary in a manner that will protect the 
declared values of this unique natural scenic resource. 
(3) In adjacent areas: the removal of timber shall be permitted only 
where required for the development or maintenance of public use and 
for administrative sites and shall be accomplished with careful regard 
for scenic and environmental values; prospecting for minerals and 
the extraction of minerals from the adjacent areas shall be permitted 
only where the adit to any such mine can be located outside the 
boundary of the National Area; no surface mining or strip mining 
shall be permitted; prospecting and drilling for petroleum products 
and natural gas shall be permitted in the adjacent area under such 
regulations as the Secretary or the Secretary of the Interior, after 
jurisdiction over the national river and recreation area has been trans-
ferred to him under subsection (b) of this section, may prescribe to 
minimize detrimental environment impact, such regulations shall pro-
vide among other things for an area limitation for each such opera-
tion, zones where operations will not be permitted, and safeguards to 
prevent air and water pollution; no storage facilities for petroleum 
products or natural gas shall be located within the boundary of the 
National Area except as necessary and incidental to production; the 
Secretary is authorized to construct two lodges with recreational facil-
ities within the adjacent areas so as to maximize and enhance pub-
lic use and enjoyment of the National Area; construction of all roads 
and facilities in the adjacent areas shall be undertaken with careful 
regard for the maintenance of the scenic and esthetic values of the 
gorge area and the adjacent areas. 
(4) The gorge area as set out in paragraphs (1) and (2) of this 
subsection shall consist of all lands and waters of the Big South Fork, 
Clear Fork, and New River which lie between the gorge or valley 
rim on either side (where the rim, is not clearly defined by topography, 
the gorge boundary shall be established at an elevation no lower 
than that of the nearest clearly demarked rim on the same side of the 
valley), and those portions of the main tributaries and streams in the 
watersheds of the Big South Fork, Clear Fork, and New River that 
lie within a gorge or valley rim on either side, except that no lands 
or waters noi'th of Kentucky Highway Numbered 92 shall be included. 
The designated adjacent areas shall consist of the balance of the 
National Area. 
(5) The Secretary, and the Secretary of the Interior, shall consult 
and cooperate with the Tennessee Historical Commission and the 
Rugby Restoration Association and Avith other iuA olved agencies and 
88 
STAT.] 
PUBLIC LAW 93-251-MAR. 7, 1974 
47 
associations, both public and private, concerning the development and 
management of the National Area in the area adjacent to Rugby, 
Tennessee. Development within the area adjacent to Rugby, Tennes-
see, shall be designed toward preserving and enhancing the historical 
integrity of the community and any historical sites within the bound-
ary of the National Area. 
(6) The Secretary, or the Secretary of the Interior, after jurisdic-
tion over the National Area has been transferred to him under subsec-
tion (b) of this section, shall provide for the restoration of the Blue 
Heron Mine community in a manner which will preserve and enhance 
the historical integrity of the community and will contribute to the 
public's understanding and enjoyment of its historical value. To that 
end the Secretary, or the Secretary of the Interior, after jurisdiction 
over the National Area has been transferred to him under subsection 
(b) of this section, may construct and improve structures within and 
may construct and improve a road into this community. 
(7) The Secretary shall study the desirability and feasibility of 
reestablishing rail transportation on the abandoned O&W railbed or an 
alternative mode of transportation within the National Area upon the 
O&W roadbed, and shall report to Congress his recommendation with 
regard to development of this facility. 
(f) The Federal Power Commission shall not license the construc-
tion of any dam, water conduit, reservoir, powerhouse, transmission 
line, or other project works under the Federal Power Act (41 Stat. 
1063) as amended (16 U.S.C. 791a et seq.), within or directly affecting 
the National Area and no department or agency of the United States 
shall assist by loan, grant, license, or otherwise in the construction of 
any water resources project that would have a direct and adverse effect 
on the values for which the National Area was established. Nothing-
contained in the preceding sentence shall preclude licensing of, or 
assistance to, developments below or above the National Area or on any 
stream tributary thereto which will not invade the National Area or 
unreasonably diminish the scenic, recreation, and fish and wildlife 
values present in the area on the date of enactment of this section. No 
department or agency of the United States shall recommend authoriza-
tion of any water resources project that would have a direct and adverse 
effect on the values for which the National Area was established, 
or request appropriations to begin construction of any such proiect, 
whether heretofore or hereafter authorized, without advising the Sec-
retary or the Secretary of the Interior, after jurisdiction over the 
National Area has been transferred to him under subsection (h) of 
this section, in writins^ of its iTitention so to do at least sixty davs in 
advance, and without specifically rcDorting to the Confl^ress in writin'if 
at the time it makes its recommendations or request in what respect 
construction of such proiect would be in conflict with the purposes of 
this section and would affect the National Area and the values to be 
protected under this section. 
(g) The Secretary shall study transDortation facilities in the reirion 
served by the National Area and shall establish transportation facili-
ties to enhance public access to the National Areft. In this connection 
the Secretary is authorized to acquire and maintain public roads, 
other than State highways, necessary to serve the public use facilities 
within the National Area, and to establish and maintain, at Federal 
cost an interior and circulatinsf road system sufficient to meet the pur-
poses of this section. Any existing public road, which at the time of its 
acquisition continues to be a necessary and essential part of the county 
Blue Heron 
Mine community, 
restoration. 
Rail transpor-
tation, study. 
Report to 
Congress. 
Transportation 
facilities, study 
and establish-
ment. 
48 
PUBLIC LAW 93-251-MAR. 7, 1974 
[88 STAT. 
New River, 
Tenn., compre-
hensive plan. 
Plan, transmit-
tal to Congress. 
Water quality, 
protection. 
Appropriations. 
highway system, may, upon mutual agreement between the Secretary 
and the owner of such road, be relocated outside of the National Area 
and if not so relocated such road shall be maintained at Federal 
expense and kept open at all times for general travel purposes. Nothing 
in this subsection shall abrogate the right of egress and ingress of 
those persons who may remain in occupancy under subsection (c) of 
this section. Nothing in this subsection shall preclude the adjustment, 
relocation, reconstruction, or abandonment of State highways situated 
in the National Area, with the concurrence of the agency having the 
custody of such highways upon entering into such arrangements as 
the Secretary or the Secretary of the Interior, after jurisdiction over 
the National Area has been transferred to him under subsection (b) of 
this section, deems appropriate and in the best interest of the general 
welfare. 
(h) In furtherance of the purpose of this subsection the Secretary 
in cooperation with the Secretary of Agriculture, the heads of other 
Federal departments and agencies involved, and the State of Tennessee 
and its political subdivisions, shall fornnilate a comprehensive plan 
for that portion of the New River that lies upstream from United 
States Highway Numbered 27. Such plan shall include, among other 
things, programs to enhance the environment and conserve and develop 
natural resources, and to minimize siltation and acid mine drainage. 
Such plan, with recommendations, including those as to costs and 
administrative responsibilities, shall be completed and transmitted to 
the Congress within one year from the date of enactment of this section. 
(i) The Secretary or the Secretary of the Interior, after jurisdic-
tion over the National Area has been transferred to him under sub-
section (b) of this subsection, shall consult and cooperate with other 
departments and agencies of the LTnited St^ates and the States of 
Tennessee and Kentucky in the development of measures and programs 
to protect and enhance water quality within the National Area and 
to insure that such programs for the protection and enhancement of 
water quality do not diminish other values tliat are to be protected 
under this section. 
(j) (1) Until such time as the transfer of jurisdiction to the Secre-
tary of the Interior authorized by subsection (b) of this section shall 
take place, for the purpose of financially assisting the States of Ten-
nessee and Kentucky, McCreary County, Kentucky, and Scott, Mor-
gan, Pickett, and Fentress Counties in Tennessee, because of losses 
which these jurisdictions will sustain by reason of the fact that certain 
lands and other property within their boundaries may be included 
within the National Area established by this section and thereafter 
will no longer be subject to real and personal property taxes levied or 
imposed by them, payments shall be made to them on an annual basis 
in an amount equal to those taxes levied or imposed on such property 
for the last taxable year immediately preceding the date of enactment 
of this section. 
(2) For the purpose of enabling the Secretary to make such pay-
ments during the fiscal years, ending June 30, 1975, June 80, 1976, 
June 30, 1977, June 30, 1978, and June 30, 1979, tliere are authorized 
to be appropriated such sums as maj^ be necessary. 
(k) There are authorized to be aj)propriated $32,850,000 to carry 
out the provisions of this section, other than subsection (j) of this sec-
tion. No moneys shall be appropriated from the Land and AYater 
Conservation Fund to carry out the purposes of this section. 
88 STAT. ] 
PUBLIC LAW 93-252-MAR. 16, 1974 
49 
SEC. 109. This title may be cited as the "Water Eesources Devel-
opment Act of 1974". 
TITLE II—RIVEK BASIN MONETARY AUTHORIZATIONS 
SEC. 201. (a) In addition to previous authorizations, there is hereby 
authorized to be appropriated for the prosecution of the comprehen-
sive plan of development of each river basin under the jurisdiction of 
the Secretary of the Army referred to in the first column below, which 
was basically authorized by the Act referred to by date of enactment 
in the second column below, an amount not to exceed that shown oppo-
site such river basin in the third column below: 
Citation of 
title, 
42 u s e 1962d-
5c note. 
River Basin 
Monetary Author-
ization Act of 
1974. 
Date 
Amount 
Alabama-Coosa River Basin 
Mar. 2,1945 
531,000,000 
Arl<ansas River Basin 
June 28,1938 
14,000,000 
Brazos River Basin. 
Sept. 3,1954 
19,000,000 
Central and southern Florida 
June 30,1948 
15,000,000 
Columbia River Basin. 
June 28,1944 
94,000,000 
Mississippi River and tributaries 
May 15,1928 
211,000,000 
Missouri River Basin 
June 28,1938 
72,000,000 
North Branch, Susquehanna River Basin 
July 
3,1958 
64,000,000 
Ohio River Basin. 
June 22,1936 
120,000,000 
Ouachita River Basin 
May 17,1950 
4,000,000 
Red River Waterway project 
Aug. 13,1968 
9,000,000 
San Joaquin River Basin 
Dec. 22,1944 
83,000,000 
South Platte River Basin 
May 17,1950 
15,000,000 
Upper Mississippi River Basin 
June 28,1938 
4,000,000 
White River Basin 
do 
9,000,000 
(b) The total amount authorized to be appropriated by this section 
shall not exceed $764,000,000. 
SEC. 202. The Secretary of the Army, acting through the Chief of 
Engineers, is authorized to initiate the second phase of the bank ero-
sion control works and setback levees on the Sacramento River, 
California, authorized by the Flood Control Act of 1960, in accord-
ance with the recommendations of the Chief of Engineers in House 
Document Numbered 93-151, and the monetary authorization for the 
Sacramento River Basin, basically authorized by the Act of Decem-
ber 22, 1944, is increased by not to exceed $16,000,000 for such 
purpose. 
SEC. 203. This title may be cited as the "River Basin Monetary 
Authorization Act of 1974". 
Limitation. 
74 Stat. 498. 
58 Stat. 900. 
Citation of 
title. 
Approved March 7, 1974. 
Public Law 93-252 
JOINT RESOLUTION 
Extending the filing date of the 1974 Joint Economic Committee report. 
Resolved 
l>y the Senate and House of Representatives 
of the 
United States of America in Congress assembled, That S.J. Res. 
182, amending the provisions of section 3(a) of the Employment 
Act of 1946, be further amended by changing the filing date of the 
Joint Economic Committee report from March 13, 1974, to March 29, 
1974. 
Approved March 16, 1974. 
March 16, 1974 
[H. J. R e s . 905] 
Economic re-
port. 
Time extension. 
15 u s e 1022.