Water Resources Development Act of 1986
PL 99-662 (H.R.6), enacted 11/17/1986

100 STAT. 4082 
PUBLIC LAW 99-662—NOV. 17, 1986 
Public Law 99-
99th Congress 
662 
•"i^itj-L/S 
An Act 
Nov. 17, 1986 
[H.R. 6] 
Water Resources 
Development 
Act of 1986. 
33 u s e 2201 
note. 
33 u s e 2201. 
33 u s e 2211. 
Contracts. 
To provide for the conservation and development of water and related resources and 
the improvement and rehabilitation of the Nation's water resources infrastructure. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the "Water Resources 
Development Act of 1986". 
(b) TABLE OF CONTENTS.— 
Title I—Cost Sharing 
Title II—Harbor Development 
Title III—Inland Waterway Transportation System 
Title IV—Flood Control 
Title V—Shoreline Protection 
Title VI—Water Resources Conservation and Development 
Title VII—Water Resources Studies 
Title VIII—Project Modifications 
Title IX—General Provisions 
Title X—Project Deauthorizations 
Title XI—Miscellaneous Programs and Projects 
Title XII—Dam Safety 
Title XIII—Namings 
Title XIV—Revenue Provisions 
SEC. 2. DEFINITION OF SECRETARY. 
For purposes of this Act, the term "Secretary' 
retary of the Army. 
means the Sec-
TITLE I—COST SHARING 
SEC. 101. HARBORS. 
(a) CONSTRUCTION.— 
(1) PAYMENTS DURING CONSTRUCTION.—The non-Federal in-
terests for a navigation project for a harbor or inland harbor, or 
any separable element thereof, on which a contract for physical 
construction has not been awarded before the date of enactment 
of this Act shall pay, during the period of construction of the 
project, the following costs associated with general navigation 
features: 
(A) 10 percent of the cost of construction of the portion of 
the project which has a depth not in excess of 20 feet; plus 
(B) 25 percent of the cost of construction of the portion of 
the project which has a depth in excess of 20 feet but not in 
excess of 45 feet; plus 
(C) 50 percent of the cost of construction of the portion of 
the project which has a depth in excess of 45 feet. 
(2) ADDITIONAL lo PERCENT PAYMENT OVER 30 YEARS.—The 
non-Federal interests for a project to which paragraph (1) ap-
plies shall pay an additional 10 percent of the cost of the 
general navigation features of the project in cash over a period 
PUBLIC LAW 99-662—NOV. 17, 1986 
100 STAT. 4083 
not to exceed 30 years, at an interest rate determined pursuant 
to section 106. The value of lands, easements, rights-of-way, 
relocations, and dredged material disposal areas provided under 
paragraph (3) shall be credited toward the payment required 
under this paragraph. 
(3) LANDS, EASEMENTS, AND RIGHTS-OF-WAY.—The non-Federal 
interests for a project to which paragraph (1) applies shall 
provide the lands, easements, rights-of-way, relocations (other 
than utility relocations under paragraph (4)), and dredged mate-
rial disposal areas necessary for the project. 
(4) UTIUTY RELOCATIONS.—The non-Federal interests for a 
project to which paragraph (1) applies shall perform or assure 
the performance of all relocations of utilities necessary to carry 
out the project, except that in the case of a project for a deep-
draft harbor and in the case of a project constructed by non-
Federal interests under section 204, one-half of the cost of each 
such relocation shall be borne by the owner of the facility being 
relocated and one-half of the cost of each such relocation shall 
be borne by the non-Federal interests. 
0)) OPERATION AND MAINTENANCE.—The Federal share of the cost 
of operation and maintenance of each navigation project for a 
harbor or inland harbor constructed pursuant to this Act shall be 
100 percent, except that in the case of a deep-draft harbor, the non-
Federal interests shall be responsible for an amount equal to 50 
percent of the excess of the cost of the operation and maintenance of 
such project over the cost which the Secretary determines would-be 
incurred for operation and maintenance of such project if such 
project had a depth of 45 feet. 
(c) EROSION OR SHOAUNG ATTRIBUTABLE TO FEDERAL NAVIGATION 
WORKS.—Costs of constructing projects or measures for the preven-
tion or mitigation of erosion or shoaling damages attributable to 
Federal navigation works shall be shared in the same proportion as 
the cost sharing provisions applicable to the project causing such 
erosion or shoaling. The non-Federal interests for the project caus-
ing the erosion or shoaling shall agree to operate and maintain such 
measures. 
(d) NON-FEDERAL PAYMENTS DURING CONSTRUCTION.—The amount 
of any non-Federal share of the cost of any navigation project for a 
harbor or inland harbor shall be paid to the Secretary. Amounts 
required to be paid during construction shall be paid on an annual 
basis during the period of construction, beginning not later than one 
year after construction is initiated. 
(e) AGREEMENT.—Before initiation of construction of a project to 
which this section applies, the Secretary and the non-Federal in-
terests shall enter into a cooperative agreement according to the 
provisions of section 221 of the Flood Control Act of 1970. The non-
Federal interests shall agree to— 
(1) provide to the Federal Government lands, easements, and 
' 
rights-of-way, and to provide dredged material disposal areas 
and perform the necessary relocations required for construction, 
operation, and maintenance of such project; 
(2) hold and save the United States free from damages due to 
the construction or operation and maintenance of the project, 
except for damages due to the fault or negligence of the United 
States or its contractors; 
(3) provide to the Federal Government the non-Federal share 
of all other costs of construction of such project; and 
Contracts. 
42 use 
1962d-5b. 
100 STAT. 4084 
PUBLIC LAW 99-662—NOV. 17, 1986 
(4) in the case of a deep-draft harbor, be responsible for the 
non-Federal share of operation and maintenance required by 
subsection (b) of this section. 
: 
< 
33 use 2212. 
SEC. 102. INLAND WATERWAY TRANSPORTATION. 
(a) CONSTRUCTION.—One-half of the costs of construction— 
(1) of each project authorized by title III of this Act, 
(2) of the project authorized by section 1103(j) of this Act, and 
e- ^ (3) allocated to inland navigation for the project authorized by 
section 844 of this Act, 
shall be paid only from amounts appropriated from the general fund 
of the Treasury. One-half of such costs shall be paid only from 
amounts appropriated from the Inland Waterways Trust Fund. For 
purposes of this subsection, the term "construction" shall include 
planning, designing, engineering, surveying, the acquisition of all 
lands, easements, and rights-of-way necessary for the project, includ-
ing lands for disposal of dredged material, and relocations necessary 
for the project. 
Ot)) OPERATION AND MAINTENANCE.—The Federal share of the cost 
of operation and maintenance of any project for navigation on the 
inland waterways is 100 percent. 
(c) AUTHORIZATIONS FROM GENERAL FUND.—Any Federal respon-
sibility— 
(1) with respect to a project authorized by title III or section 
11030"), or 
(2) with respect to the portion of the project authorized by 
section 844 allocated to inland navigation, 
which responsibility is not provided for in subsection (a) of this 
section shall be paid only from amounts appropriated from the 
general fund of the Treasury. 
, 
rf 
33 use 2213. 
SEC. 103. FLOOD CONTROL AND OTHER PURPOSES. 
' 
(a) FLOOD CONTROL.— 
(1) GENERAL RULE.—The non-Federal interests for a project 
with costs assigned to flood control (other than a nonstructural 
project) shall— 
••J: 
(A) pay 5 percent of the cost of the project assigned to 
flood control during construction of the project; 
(B) provide all lands, easements, rights-of-way, and 
dredged material disposal areas required only for flood 
control and perform all related necessary relocations; and 
(C) provide that portion of the joint costs of lands, ease-
feirjt.m 
ments, rights-of-way, dredged materisd disposal areas, and 
...;, . 
relocations which is assigned to flood control. 
*<ftr 
(2) 25 PERCENT MINIMUM CONTRIBUTION —If the value of the 
•>, 
;?op contributions required under paragraph (1) of this subsection is 
' : ^ 
less than 25 percent of the cost of the project assigned to flood 
control, the non-Federal interest shall pay during construction 
of the project such additional amounts as are necessary so that 
the total contribution of the non-Federal interests under this 
subsection is equal to 25 percent of the cost of the project 
•
^ assigned to flood control. 
(3) 50 PERCENT MAXIMUM.—The non-Federal share under 
b i paragraph (1) shall not exceed 50 percent of the cost of the 
project assigned to flood control. The preceding sentence does 
tnor not modify the requirement of paragraph (IXA) of this subsec-
tion, 
iw^: 
PUBLIC LAW 99-662—NOV. 17, 1986 
100 STAT. 4085 
Energy. 
iv T (4) DEFERRED PAYMENT OF AMOUNT EXCEEDING 30 PERCENT.—If 
the total amount of the contribution required under paragraph 
(1) of this subsection exceeds 30 percent of the cost of the project 
assigned to flood control, the non-Federal interests may pay the 
amount of the excess to the Secretary over a 15-year period (or 
such shorter period as may be agreed to by the Secretary and 
the non-Federal interests) beginning on the date construction of 
the project or separable element is completed, at an interest 
rate determined pursuant to section 106, The preceding sen-
tence does not modify the requirement of paragraph (1)(A) of 
this subsection. 
(b) NONSTRUCTURAL FLOOD CONTROL PROJECTS.—The non-Federal 
share of the cost of nonstructural flood control measures shall be 25 
percent of the cost of such measures. The non-Federal interests for 
any such measures shall be required to provide all lands, easements, 
rights-of-way, dredged material disposal areas, and relocations nec-
essary for the project, but shall not be required to contribute any 
amount in cash during construction of the project. 
(c) OTHER PURPOSES.—The non-Federal share of the cost assigned 
to other project purposes shall be as follows: 
(1) hydroelectric power: 100 percent, except that the market-
ing of such power and the recovery of costs of constructing, 
operating, maintaining, and rehabilitating such projects shall 
be in accordance with existing law: Provided, That after the 
date of enactment of this Act, the Secretary shall not submit to 
Congress any proposal for the authorization of any water re-
sources project that has a hydroelectric power component 
unless such proposal contains the comments of the appropriate 
Power Marketing Administrator designated pursuant to section 
302 of the Department of Energy Organization Act (Public Law 
95-91) concerning the appropriate Power Marketing Adminis- 42 USC 7152 
tration's ability to market the hydroelectric power expected to 
be generated and not required in the operation of the project 
under the applicable Federal power marketing law, so that, 100 
percent of operation, maintenance and replacement costs, 100 
percent of the capital investment allocated to the purpose of 
hydroelectric power (with interest at rates established pursuant 
* 
to or prescribed by applicable law), and any other costs assigned 
in accordance with law for return from power revenues can be 
returned within the period set for the return of such costs by or 
pursuant to such applicable Federal power marketing law; 
(2) municipal and industrial water supply: 100 percent; 
'- 
(3) agricultural water supply: 35 percent; 
(4) recreation, including recreational navigation: 50 percent of 
separable costs and, in the case of any harbor or inland harbor 
or channel project, 50 percent of joint and separable costs 
allocated to recreational navigation; 
(5) hurricane and storm damage reduction: 35 percent; and 
(6) aquatic plant control: 50 percent of control operations. 
(d) CERTAIN OTHER COSTS ASSIGNED TO PROJECT PURPOSES.—Costs 
of constructing projects or measures for beach erosion control and 
water quality enhancement shall be assigned to appropriate project 
purposes listed in subsections (a), 0>), and (c) and shall be shared in 
the same percentage as the purposes to which the costs are assigned, 
except that all costs assigned to benefits to privately owned shores 
(where use of such shores is limited to private interests) or to 
prevention of losses of private lands shall be borne by non-Federal 
Agriculture and 
agricultural 
commodities. 
100 STAT. 4086 
PUBLIC LAW 99-662—NOV. 17, 1986 
Mississippi. 
Kentucky. 
23 u s e 104 note. 
94 Stat. 1339. 
Louisiana. 
Arkansas. 
33 u s e 701b-
721o. 
99 Stat. 293. 
33 use 
702a-702m. 
Contracts. 
interests and all costs assigned to the protection of federally owned 
shores shall be borne by the United States. 
(e) APPLICABIUTY.— 
(1) IN GENERAL.—This section applies to any project (including 
any small project which is not specifically authorized by Con-
gress and for which the Secretary has not approved funding 
before the date of enactment of this Act), or separable element 
thereof, on which physical construction is initiated after 
April 30, 1986, as determined by the Secretary, except as pro-
vided in paragraph (2). 
(2) EXCEPTIONS.—This section shall not apply to the Yazoo 
Basin, Mississippi, Demonstration Erosion Control Program, au-
thorized by Public Law 98-8, or to the Harlan, Kentucky, or 
Barbourville, Kentucky, elements of the project authorized by 
section 202 of Public Law 96-367. 
(f) DEFINITION OF SEPARABLE ELEMENT.—For purposes of this Act, 
the term "separable element" means a portion of a project— 
(1) which is physically separable from other portions of the 
project; and 
(2) which— 
(A) achieves hydrologic effects, or 
(B) produces physical or economic benefits, 
which are separately identifiable from those produced by other 
portions of the project. 
(g) DEFERRAL OF PAYMENT.—(1) With respect to the projects listed 
in paragraph (2), no amount of the non-Federal share required 
under this section shall be required to be paid during the three-year 
period beginning on the date of enactment of this Act. 
(2) The projects referred to in paragraph (1) are the following: 
(A) Boeuf and Tensas Rivers, Tensas Basin, Louisiana and 
Arkansas, authorized by the Flood Control Act of 1946; 
(B) Eight Mile Creek, Arkansas, authorized by Public Law 99-
88; and 
(C) Rocky Bayou Area, Yazoo Backwater Area, Yazoo Basin, 
Mississippi, authorized by the Flood Control Act approved 
August 18,1941. 
(h) ASSIGNED JOINT AND SEPARABLE COSTS.—The share of the costs 
specified under this section for each project purpose shall apply to 
the joint and separable costs of construction of each project assigned 
to that purpose, except as otherwise specified in this Act. 
(i) LANDS, EASEMENTS, RIGHTS-OF-WAY, DREDGED MATERIAL DIS-
POSAL AREAS, AND RELOCATIONS.—The non-Federal interests for a 
project to which this section applies shall provide all lands, ease-
ments, rights-of-way, and dredged material disposal areas required 
for the project and perform all necessary relocations, except to the 
extent limited by any provision of this section. The value of any 
contribution under the preceding sentence shall be included in the 
non-Federal share of the project specified in this section, 
(j) AGREEMENT.— 
(1) REQUIREMENT FOR AGREEMENT.—Any project to which this 
section applies (other than a project for hydroelectric power) 
shall be initiated only after non-Federal interests have entered 
into binding agreements with the Secretary to pay 100 percent 
of the operation, maintenance, and replacement and rehabilita-
• tion costs of the project, to pay the non-Federal share of the 
costs of construction required by this section, and to hold and 
'•• 
save the United States free from damages due to the construe-
PUBLIC LAW 99-662—NOV. 17, 1986 
100 STAT. 4087 
tion or operation and maintenance of the project, except for 
damages due to the fault or negligence of the United States or 
its contractors. 
(2) ELEMENTS OF AGREEMENT.—The agreement required pursu-
ant to paragraph (1) shall be in accordance with the require-
ments of section 221 of the Flood Ck)ntrol Act of 1970 (84 Stat. 
1818) and shall provide for the rights and duties of the United 
States and the non-Federal interest with respect to the 
construction, operation, and maintenance of the project, includ-
ing, but not limited to, provisions specifying that, in the event 
the non-Federal interest fails to provide the required non-
Federal share of costs for such work, the Secretary— 
(A) shall terminate or suspend work on the project unless 
the Secretary determines that continuation of the work is 
in the interest of the United States or is necessary in order 
to satisfy agreements with other non-Federal interests in 
connection with the project; and 
Man 
(B) may terminate or adjust the rights and privileges of 
the non-Federal interest to project outputs under the terms 
of the agreement, 
(k) PAYMENT OPTIONS.—Except as otherwise provided in this sec-
tion, the Secretary may permit the full non-Federal contribution to 
be made without interest during construction of the project or 
separable element, or with interest at a rate determined pursuant to 
section 106 over a period of not more than thirty years from the date 
of completion of the project or separable element. Repayment con-
tracts shall provide for recalculation of the interest rate at five-year 
intervals. 
(1) DELAY OF INITIAL PAYMENT.—At the request of any non-Federal 
interest the Secretary may permit such non-Federal interest to 
delay the initial payment of any non-Federal contribution under 
this section or section 101 for up to one year after the date when 
construction is begun on the project for which such contribution is 
to be made. Any such delay in initial pajonent shall be subject to 
interest charges for up to six months at a rate determined pursuant 
to section 106. 
(m) ABIUTY TO PAY.—Any cost-sharing agreement under this 
section for flood control or agricultural water supply shall be subject 
to the ability of a non-Federal interest to pay. The ability of any 
non-Federal interest to pay shall be determined by the Secretary in 
accordance with procedures established by the Secretary. 
SEC. 
1
0
4
. 
GENERAL 
CREDIT 
FOR 
FLOOD 
CONTROL. 
(a) GuiDEUNES.—Within one year after the date of enactment of 
this Act, the Secretary shall issue guidelines to carry out this 
section, consistent with the principles and guidelines on project 
formulation. The guidelines shall include criteria for determining 
whether work carried out by non-Federal interests is compatible 
with a project for flood control and procedures for making such 
determinations. The guidelines under this section shall be promul-
gated after notice in the Federal Register and opportunity for 
comment. 
(b) ANALYSIS OF COSTS AND BENEFITS.—The guidelines established 
under subsection (a) shall provide for the Secretary to consider, in 
analyzing the costs and benefits of a proposed project for flood 
control, the costs and benefits produced by any flood control work 
carried out by non-Federal interests that the Secretary determines 
Contracts. 
42 use 
1962d-5b. 
Contracts. 
Agriculture and 
agricultural 
commodities. 
33 u s e 2214. 
Federal 
Register, 
publication. 
100 STAT. 4088 
PUBLIC LAW 99-662—NOV. 17, 1986 
Reports. 
Reports. 
.im.. 
42 use 
1962d-5a. 
33 u s e 2215. 
Contracts. 
to be compatible with the project. For purposes of the preceding 
sentence the Secretary may consider only work carried out after the 
date which is 5 years before the first obligation of funds for the 
reconnaissance study for such project. In no case may work which 
was carried out more than 5 years before the date of the enactment 
of this Act be considered under this subsection, unless otherwise 
provided in this Act. 
(c) CREDITING OF NON-FEDERAL SHARE.—The guidelines estab-
lished under subsection (a) shall provide for crediting the cost of 
work carried out by the non-Federal interests against the non-
Federal share of the cost of an authorized project for flood control as 
follows: 
(1) Work which is carried out after the end of the reconnais-
sance study and before the submission to Congress of the final 
report of the Chief of Engineers on the project and which is 
determined by the Secretary to be compatible with the project 
shall be included as part of the project and shall be rec-
ommended by the Secretary in the final report for credit against 
the non-Federal share of the cost of the project. 
(2) Work which is carried out after submission of the final 
report of the Chief of Engineers to Congress and which is 
determined by the Secretary to be compatible with the project 
shall be considered as part of the project and shall be credited 
by the Secretary against the non-Federal share of the cost of the 
project in accordance with the guidelines promulgated pursuant 
to subsection (a). 
In no event may work which was carried out more than 5 years 
before the date of enactment of this Act be considered under this 
subsection, unless otherwise provided in this Act. 
(d) PROCEDURE FOR WORK DONE BEFORE DATE OF ENACTMENT.— 
The Secretary shall consider, under subsections (b) and (c), work 
carried out before the date of enactment of this Act by non-Federal 
interests on a project for fiood control, if the non-Federal interests 
apply to the Secretary for consideration of such work not later than 
March 31, 1987. The Secretary shall make determinations under 
subsections (b) and (c) with respect to such work not later than 6 
months after guidelines are issued under subsection (a). 
(e) PROCEDURE FOR WORK DONE AFTER DATE OF ENACTMENT —The 
Secretary shall consider work carried out after the date of enact-
ment of this Act by non-Federal interests on a project for fiood 
control under subsections (b) and (c) in accordance with the guide-
lines issued under subsection (a). The guidelines shall require prior 
approval by the Secretary of any fiood control work carried out after 
the date of enactment of this Act in order to be considered under 
this section, taking into account the economic and environmental 
feasibility of the project. 
if) LIMITATION NOT APPUCABLE.—Any fiood control work included 
as part of the non-Federal share of the cost of a project under this 
section shall not be subject to the limitation contained in the last 
sentence of section 215(a) of the Flood Control Act of 1968. 
(g) CASH CONTRIBUTION NOT AFFECTED.—Nothing in this section 
affects the requirement of section 103(aXlXA). 
SEC. 105. FEASIBILITY STUDIES; PLANNING, ENGINEERING, AND DESIGN. 
(a) FEASIBILITY STUDIES.—(1) The Secretary shall not initiate any 
feasibility study for a water resources project after the date of 
enactment of this Act until appropriate non-Federal interests agree. 
PUBLIC LAW 99-662—NOV. 17, 1986 
100 STAT. 4089 
by contract, to contribute 50 percent of the cost for such study 
during the period of such study. Not more than one-half of such non-
Federal contribution may be made by the provision of services, 
materials, supplies, or other in-kind services necessary to prepare 
the feasibility report. 
(2) This subsection shall not apply to any water resources study 
primarily designed for the purposes of navigational improvements 
in the nature of dams, locks, and channels on the Nation's system of 
inland waterways. 
Ot)) PLANNING AND ENGINEERING.—The Secretary shall not initiate Contracts, 
any planning or engineering authorized by this Act for a water 
resources project until appropriate non-Federal interests agree, by 
contract, to contribute 50 percent of the cost of the planning and 
engineering during the period of the planning and engineering. 
(c) DESIGN.—Costs of design of a water resources project shall be 
shared in the same percentage as the purposes of such project. 
SEC. 106. RATE OF INTEREST. 
33 USC 2216. 
Whenever a non-Federal interest is required or elects to repay an 
amount under this Act over a period of time, the amount to be 
repaid shall include interest at a rate determined by the Secretary 
of the Treasury, taking into consideration the average market yields 
on outstanding marketable obligations of the United States with 
remaining periods to maturity comparable to the reimbursement 
period, during the month preceding the fiscal year in which costs for 
the construction of the project are first incurred (or in the case of 
recalculation the fiscal year in which the recalculation is made), 
plus a premium of one-eighth of one percentage point for trans- 
jiss^a-: •>>. 
action costs; except that such rates for hydroelectric power shall be 
in accordance with existing law. 
SEC. 107. LIMITATION ON APPLICABILITY OF CERTAIN PROVISIONS IN 
33 USC 2217. 
REPORTS. 
If any provision in any report designated by this Act recommends 
that a State contribute in cash 5 percent of the construction costs 
allocated to non-vendible project purposes and 10 percent of the 
construction costs allocated to vendible project purposes, such provi-
sion shall not apply to the project recommended in such report. 
SEC. 108. GENERAL APPLICABILITY OF COST SHARING. 
33 USC 2218. 
Unless otherwise specified, the cost sharing provisions of this title 
shall apply to all projects in this Act. The Federal share of any cost 
of a project authorized by this Act for which cost a Federal share is 
not established in this title, shall be the share of such cost otherwise 
provided by law. 
SEC. 109. DEFINITIONS. 
33 USC 2219. 
For purposes of this title, terms shall have the meanings given by 
section 214 of this Act. 
TITLE II—HARBOR DEVELOPMENT 
SEC. 201. DEEP-DRAFT HARBOR PROJECTS. 
(a) AUTHORIZATION OF CONSTRUCTION —The following projects for 
harbors are authorized to be prosecuted by the Secretary substan-
tially in accordance with the plans and subject to the conditions 
Harbor 
Development 
and Navigation 
Improvement 
Act of 1986. 
100 STAT. 4090 
PUBLIC LAW 99-662—NOV. 17, 1986 
.330 ./->j£^ 
16 u s e 668aa. 
,TISS ^>81T 
recommended in the respective reports designated in this subsec-
tion, except as otherwise provided in this subsection: 
MOBILE HARBOR, ALABAMA 
The project for navigation. Mobile Harbor, Alabama: Report of the 
Chief of Engineers, dated November 18, 1981, at a total cost of 
$451,000,000, with an estimated first Federal cost of $255,000,000 
and an estimated first non-Federal cost of $196,000,000; except that 
if non-Federal interests construct a bulk material transshipment 
facility in lower Mobile Bay, the Secretary, upon request of such 
non-Federal interests, may limit construction of such project from 
the Gulf of Mexico to such facility and except that, for reasons of 
environmental quality, dredged material from such project shall be 
disposed of in open water in the Gulf of Mexico in accordance with 
all provisions of Federal law. Notwithstanding any other provision 
of law, no dredged or fill material shall be disposed of in the 
Brookley disposal area, referred to in such report of the Chief of 
Engineers, 
, 
MISSISSIPPI RIVER SHIP CHANNEL, GULF TO BATON ROUGE, LOUISIANA 
The project for navigation, Mississippi River Ship Channel, Gulf 
to Baton Rouge, Louisiana: Report of the Chief of Engineers, dated 
April 9, 1983, at a total cost of $471,000,000, with an estimated first 
Federal cost of $178,000,000 and an estimated first non-Federal cost 
of $293,000,000. Nothing in this paragraph and such report shall be 
construed to affect the requirements of Public Law 89-669, as 
amended. 
TEXAS CITY CHANNEL, TEXAS 
The project for navigation, Galveston Bay Area, Texas City Chan-
nel, Texas: Report of the Chief of Engineers, dated March 11, 1986, 
at a total cost of $200,000,000, with an estimated first Federal cost of 
$130,000,000 and an estimated first non-Federal cost of $70,000,000. 
Fish and fishing. 
Wildlife. 
Mil>: ';>aij 
NORFOLK HARBOR AND CHANNELS, VIRGINIA 
aDClS 
The project for navigation, Norfolk Harbor and Channels, Vir-
ginia: Report of the Chief of Engineers, dated November 20, 1981, at 
a total cost of $551,000,000, with an estimated first Federal cost of 
$256,000,000 and an estimated first non-Federal cost of $295,000,000, 
including such modifications as the Secretary determines to be 
necessary and appropriate for mitigation of any damage to fish and 
wildlife resources resulting from construction, operation, and 
maintenance of each segnient of the proposed project. The Sec-
retary, in consultation with appropriate Federal, State, and local 
agencies, shall study the effects that construction, operation, and 
maintenance of each segment of the proposed project will have on 
fish and wildlife resources and the need for mitigation of any 
damage to such resources resulting from such construction, oper-
ation, and maintenance. 
(b) 
AUTHORIZATION OF CONSTRUCTION SUBJECT TO FAVORABLE 
REPORT.—The following projects are authorized to be prosecuted by 
the Secretary substantially in accordance with the plans and subject 
to the conditions recommended in the respective reports cited, with 
such modifications as are recommended by the Chief of Enginee 
and approved by the Secretary, and with such other modifications s 
>v/ 
PUBLIC LAW 99-662—NOV. 17, 1986 
100 STAT. 4091 
are recommended by the Secretary. If no report is cited for a project, 
the project is authorized to be prosecuted by the Secretary in 
accordance with a final report of the Chief of Engineers, and with 
such modifications as are recommended by the ^cretary, and no 
construction on such project may be initiated until such a report is 
issued and approved by the Secretary. 
LOS ANGELES AND LONG BEACH HARBORS, SAN PEDRO BAY, CAUFORNIA 
The project for deepening of the entry channel to the harbor of 
Los Angeles, California, to a depth of 70 feet and for deepening of 
the entry channel to the harbor of Long Beach, California, to a 
depth of 76 feet, including the creation of 800 acres of land with the 
dredged material from the project, as Phase I of the San Pedro Bay 
development, at a total cost of $620,000,000, with an estimated first 
Federal cost of $310,000,000 and an estimated first non-Federal cost 
of $310,000,000. 
NEW YORK HARBOR AND ADJACENT CHANNELS, NEW YORK AND NEW 
JERSEY 
The project for deepening of the Ambrose Channel feature of the 
navigation project. New York Harbor and Adjacent Channels, to a 
depth of 55 feet and widening such channel to 770 feet, and for 
deepening of the Anchorage channel feature of such navigation 
project to a depth of 55 feet and widening such channel to 660 feet, 
at a total cost of $326,000,000, with an estimated first Federal cost of 
$156,000,000 and an estimated first non-Federal cost of $170,000,000. 
Disposal of beach quality sand from construction, operation, and 
maintenance of such features of such project shall take place at the 
ocean front on Staten Island, New York, and Sea Bright and Mon-
mouth Beach, New Jersey, at full Federal expense. No disposal of 
dredged material from construction, operation, and maintenance of 
such features of such project shall take place at Bowery Bay, 
Flushing Bay, Powell's Cove, Little Bay, or Little Neck Bay, Queens, 
New York. 
SEC. 202. GENERAL CARGO AND SHALLOW HARBOR PROJECTS. 
Reports. 
(a) AUTHORIZATION FOR CONSTRUCTION.—The following projects for 
harbors are authorized to be prosecuted by the Secretary substan-
tially in accordance with the plans and subject to the conditions 
recommended in the respective reports designated in this subsec-
tion, except as otherwise provided in this subsection: 
KODIAK 
HARBOR, 
ALASKA 
• ' • ' . . 
t 
The project for navigation, Kodiak Harbor, Alaska: Report of the 
Chief of Engineers, dated September 7, 1976, at a total cost of 
$15,000,000, with an estimated first Federal cost of $13,400,000 and 
an estimated first non-Federal cost of $1,600,000. 
ST. PAUL ISLAND, ALASKA 
The project for navigation, St. Paul Island Harbor, Alaska: Report 
of the Chief of Engineers, dated August 10, 1983, at a total cost of 
$24,800,000, with an estimated first Federal cost of $11,800,000 and 
an estimated first non-Federal cost of $13,000,000. 
100 STAT. 4092 
PUBLIC LAW 99-662—NOV. 17, 1986 
OAKLAND OUTER HARBOR, CALIFORNIA 
Fish and fishing. 
The project for navigation, Oakland Outer Harbor, California: 
Wildlife. 
Reports of the Chief of Engineers, dated January 7,1980, and July 1, 
1983, at a total cost of $45,900,000, with an estimated first Federal 
cost of $30,100,000 and an estimated first non-Federal cost of 
$15,800,000. The Secretary, in consultation with appropriate Fed-
eral, State, and local agencies, shall study alternative dredged mate-
rial disposal plans, including but not limited to plans which include 
marsh formation. The Secretary is authorized to undertake and 
monitor the effects of such dredged material disposal mesisures, 
including but not limited to such measures as will result in fish and 
wildlife habitat enhancement, as the Secretary determines are nec-
essary and appropriate. The cost of any measures required for 
construction of the project to protect the Bay Area Rapid Transit 
facilities shall be undertaken by non-Federal interests and shall be 
credited toward the 10 percent pa3mtient required for such project 
under section 101(aX2). 
'^^f\\r 
t*?-; 
OAKLAND INNER HARBOR, CALIFORNIA 
The project for navigation, Oakland Inner Harbor, California, 
Report of the Chief of Engineers, dated January 21, 1986, at a total 
cost of $28,100,000, with an estimated first Federal cost of 
$17,100,000 and an estimated first non-Federal cost of $11,000,000. 
The Secretary, in consultation with appropriate Federal, State, and 
local agencies, shall study the existence of, and possible adverse 
effects of project dredging on, any underground freshwater aquifer 
in the project area. 
RICHMOND HARBOR, CAUFORNIA 
The project for navigation, Richmond Harbor, California: Report 
of the Chief of Engineers, dated August 8, 1982, at a total cost of 
$43,800,000, with an estimated first Federal cost of $26,500,000 and 
an estimated first non-Federal cost of $17,300,000. 
:«>« 
Fish and fishing. 
SACRAMENTO DEEP WATER SHIP CHANNEL, CAUFORNIA 
The project for navigation, Sacramento Deep Water Ship Channel, 
California: Report of the Chief of Engineers, dated November 20, 
1981, at a total cost of $125,000,000, with an estimated first Federal 
cost of $76,000,000 and an estimated first non-Federal cost of 
$49,000,000. 
NEW HAVEN HARBOR, CONNECTICUT 
jqs 
The project for navigation. New Haven Harbor, Connecticut: 
Report of the Chief of Engineers, dated July 26, 1982, with such 
modifications as the Secretary determines to be necessary and 
appropriate to mitigate adverse effects of construction, operation, 
and maintenance of the proposed project on oyster beds and the 
production of oysters in New Haven Harbor, at a total cost of 
$26,500,000, with an estimated first Federal cost of $19,000,000 and 
an estimated first non-Federal cost of $7,500,000. The Secretary, in 
consultation with appropriate Federal, State, and local agencies, 
shall study the effects that construction, operation, and mainte-
nance of the proposed project will have on oyster beds and the 
production of oysters in New Haven Harbor. Not later than one year 
sliiMiW 
PUBLIC LAW 99-662—NOV. 17, 1986 
100 STAT. 4093 
after the date of enactment of this Act, the Secretary shall transmit 
to the Ck>mmittee on Pubhc Works and Transportation of the House 
of Representatives and the Committee on Environment and Public 
Works of the Senate a report on the results of such study. 
PALM BEACH HARBOR, FLORIOA 
The project for navigation. Palm Beach Harbor, Florida: Report of 
the Chief of Enqgineers, dated December 10,1985, to assume mainte-
nance, at an annual cost of $86,000. 
md:> 
MANATEE HARBOR, FLORIDA 
The project for navigation. Manatee Harbor, Florida: Report of 
the Chief of Engineers, dated M ^ 12, 1980, at a total cost of 
$16,400,000, with an estimated first Federal cost of $9,500,000 and an 
estimated first non-Federal cost of $6,900,000, including such modi- ^ : sfi »fiv n
f
e
i
;
;
! 
fications as the Secretary determines to be necessary and appro-
priate to mitigate the adverse effects of construction, operation, and 
maintenance of the project on the benthic environment of the area 
to be dredged. The Secretary, in consultation with appropriate 
Federal, State, and local agencies, shall study the eifects that 
construction, operation, and maintenance of the proposed proiect 
will have on the benthic environment of the area to be dredged. Not 
later than one year after the date of enactment of this Act, the 
Secretary shall transmit to the Committee on Public Works and 
Transportation of the House of Representatives and the Committee 
on Environment and Public Worfo of the Senate a report on the 
results of such study. The Secretary shall monitor the effects of 
construction, operation, and maintenance of the project on the 
benthic environment of the dredged area. 
TAMPA HARBOR, EAST BAY CHANNEL, FLORIDA 
The project for navigation, Tampa Harbor, East Bay Channel, 
Florida: Report of the Chief of Engineers, dated January 25,1979, at 
an average annual cost of $471,000. The Secretary shall monitor the 
effects of construction, operation, and maintenance of the project on 
water quality and the environment. 
aeiD 
SAVANNAH HARBOR, GEORGIA 
The project for navigation. Savannah Harbor Widening, Geoi^a: 
Report of the Chief of Engineers, dated December 19,1978, at a total 
cost of $14,700,000, with an estimated first Federal cost of $7,100,000 
and an estimated first non-Federal cost of $7,600,000. 
HILO HARBOR, HAWAII 
The project for navigation, Hilo Harbor, Hawaii: Report of the 
Chief of Engineers, dated December 4, 1984, at a total cost of 
$4,880,000, with an estimated first Federal cost of $3,380,000 and an 
estimated first non-Federal cost of $1,500,000. 
GRAND HAVEN HARBOR, MICHIGAN 
The project for navigation, modifications to Grand Haven Harbor, 
Michigan: Report of the Chief of Engineers, dated October 9,1979, at 
100 STAT. 4094 
PUBLIC LAW 99-662—NOV. 17, 1986 
a total cost of $17,600,000, with an estimated first Federal cost of 
$10,300,000 and an estimated first non-Federal cost of $7,300,000. 
MONROE HARBOR, MICHIGAN 
The project for navigation, Monroe Harbor, Michigan: Report of 
the Chief of Engineers, dated November 25, 1981, at a total cost of 
$142,000,000, with an estimated first Federal cost of $55,500,000 and 
an estimated first non-Federal cost of $86,500,000, including, for 
reasons of environmental quality, the formation of a 700 acre marsh 
in Plum Creek Bay, as described in the report of the District 
Engineer, Detroit District, dated February 1980, as revised Decem-
ber 15,1980. 
DULUTH-SUPERIOR, MINNESOTA AND WISCONSIN 
Fish and fishing. 
(1) The project for navigation, Duluth-Superior, Minnesota and 
Wildlife. 
Wisconsin: Report of the Chief of Engineers, dated August 16, 1984, 
at a total cost of $12,500,000, with an estimated first Federal cost of 
$6,710,000 and an estimated first non-Federal cost of $5,790,000, 
including such modifications as the Secretary determines to be 
necessary and appropriate to mitigate losses of fish and wildlife 
habitat and productivity. The Secretary shall study, in consultation 
with appropriate Federal, State, and local agencies, the need for 
measures to mitigate losses of fish and wildlife habitat and 
productivity. Not later than one year after the date of enactment of 
this Act, the Secretary shall transmit to the Committee on Public 
Works and Transportation of the House of Representatives and the 
Committee on Environment and Public Works of the Senate a report 
on the results of such study. 
(2) The Secretary shall also study, in consultation with appro-
priate Federal, State, and local agencies and taking into consider-
ation existing plans, studies, and reports, whether it would be more 
cost-effective and environmentally sound to control future sedi-
mentation than to conduct periodic maintenance dredging of such 
project. Not later than one year after the date of enactment of this 
Act, the Secretary shall transmit to the Committee on Public Works 
and Transportation of the House of Representatives and the 
Committee on Environment and Public Works of the Senate a report 
on the results of such study, along with recommendations for im-
plementing measures to control sedimentation if such measures 
prove to be more cost-effective and environmentally sound. 
PASCAGOULA HARBOR, MISSISSIPPI 
t 
The project for navigation, Pascagoula Harbor, Mississippi: Report 
of the Chief of Engineers, dated February 14, 1986, at a total cost of 
$59,100,000, with an estimated first Federal cost of $35,500,000 and 
an estimated first non-Federal cost of $23,600,000. 
^ 
GULFPORT HARBOR, MISSISSIPPI 
The project for navigation, Gulfport Harbor, Mississippi: Report of 
the Chief of Engineers, House Document Numbered 96-18, at a total 
cost of $81,700,000, with an estimated first Federal cost of 
$61,100,000 and an estimated first non-Federal cost of $20,600,000; 
except that, for reasons of environmental quality, dredged material 
from such project shall be disposed of in open water in the Gulf of 
PUBLIC LAW 99-662—NOV. 17, 1986 
100 STAT. 4095 
Mexico in accordance with all provisions of Federal law. For the 
purpose of economic evaluation of this project the benefits from such 
open water disposal shall be deemed to be at least equal to the costs 
of such disposal. 
^ 
PORTSMOUTH HARBOR AND PISCATAQUA RIVER, NEW HAMPSHIRE 
-
^ 
The project for navigation, Portsmouth Harbor and Piscataqua 
River, New Hampshire: Report of the Chief of Engineers, dated 
February 25, 1985, at a total cost of $22,200,000, with an estimated 
first Federal cost of $16,700,000 and an estimated first non-Federal 
cost of $5,500,000, including such modifications as the Secretary 
determines to be necessary and appropriate to assure that adequate 
disposal sites are available for construction, operation, and mainte-
nance of such project. The Secretary, in consultation with Federal, 
State, and local agencies, shall study the adequacy of potential 
disposal sites necessary for construction, operation, and mainte-
nance of the project. Not later than one year after the date of 
enactment of this Act, the Secretary shall transmit to the Commit-
tee on Public Works and Transportation of the House of Representa-
tives and the Committee on Environment and Public Works of the 
Senate a report on the results of such study. 
•* 
GOWANUS CREEK CHANNEL, NEW YORK 
-
^ The project for navigation, Gowanus Creek Channel, New York: 
Report of the Chief of Engineers, dated September 14, 1982, at a 
total cost of $3,310,000, with an estimated first Federal cost of 
$1,540,000 and an estimated first non-Federal cost of $1,770,000. 
Notwithstanding section 101 of this Act, the non-Federal share of 
the cost of such project shall be determined in accordance with the 
report of the Chief of Engineers. 
KILL VAN KULL, NEW YORK AND NEW JERSEY 
' The project for navigation, Kill Van Kull and Newark Bay Chan-
nels, New York and New Jersey: Report of the Chief of Engineers, 
dated December 14, 1981, at a total cost of $325,000,000, with an 
estimated first Federal cost of $167,000,000 and an estimated first 
non-Federal cost of $158,000,000. 
WILMINGTON HARBOR-NORTHEAST CAPE FEAR RIVER, NORTH CAROUNA 
The project for navigation, Wilmington Harbor-Northeast Cape 
Fear River, North Carolina: Report of the Chief of Engineers, dated 
September 16, 1980, at a total cost of $10,000,000, with an estimated 
first Federal cost of $8,300,000 and an estimated first non-Federal 
cost of $1,700,000. 
CLEVELAND HARBOR, OHIO 
The project for harbor modification, Cleveland Harbor, Ohio, 
including bulkheading and other necessary repairs at pier 34 and 
approach channels and necessary protective structures for mooring 
basins for transient vessels in the area south of pier 34. The existing 
dredged material containment site known as site 14 may be used for 
the containment of excavated material from construction of the 
project, at a total cost of not to exceed $36,000,000, with £in esti-
100 STAT. 4096 
PUBLIC LAW 99-662—NOV. 17, 1986 
mated first Federal cost of $27,000,000 and an estimated first non-
Federal cost of $9,000,000. 
LORAIN HARBOR, OHIO 
, ; ; • 
' 
^ ^ 
The project for navigation, Lorain Harbor, Ohio: Report of the 
Chief of Engineers, dated February 5, 1985, at a total cost of 
$5,690,000, with an estimated first Federal cost of $3,740,000 and an 
estimated first non-Federal cost of $1,950,000. 
CHARLESTON HARBOR, SOUTH CAROLINA 
The project for navigation, Charleston Harbor, South Carolina: 
Report of the Chief of Engineers, dated August 27, 1981, including 
construction of an extension of the harbor navigation channel in the 
Wando River to the State port authority's Wando River terminal. 
Report of the Chief of Engineers, at a total cost of $88,500,000, with 
an estimated first Federal cost of $58,200,000 and an estimated first 
non-Federal cost of $30,300,000. 
-i-^ 
BRAZOS ISLAND HARBOR, TEXAS—BROWNSVILLE CHANNEL 
The project for navigation, Brazos Island Harbor, Texas—Browns-
ville Channel: Report of the Chief of Engineers, dated December 20, 
1979, at a total cost of $31,900,000, with an estimated first Federal 
cost of $22,700,000 and an estimated first non-Federal cost of 
$9,200,000. The Secretary shall study, in consultation with appro-
priate Federal, State, and local agencies, the need for additional 
measures to mitigate losses of estuarine habitat and productivity 
associated with the project. The Secretary is authorized to under-
take measures which the Secretary determines to be necessary and 
appropriate to mitigate such losses. 
BLAIR AND SITCUM WATERWAYS, TACOMA HARBOR, WASHINGTON 
The project for navigation, Blair and Sitcum Waterways, Tacoma 
Harbor, Wsishington: Report of the Chief of Engineers, dated Feb-
ruary 8, 1977, House Document Numbered 96-26, at a total cost of 
$38,200,000, with an estimated first Federal cost of $26,200,000 and 
an estimated first non-Federal cost of $12,000,000; except that a 
permanent bypass road for the Blair Waterway may be constructed 
in lieu of construction of the East 11th Street bridge replacement 
recommended in such report if (1) the Secretary determines that 
construction of the bypass road is economically and environmentally 
feasible, (2) construction of the b3T)ass road is approved by the 
Governor of the State of Washington, and (3) the b3rpass road is 
approved through adoption of resolutions by both the Tacoma City 
Council and the Tacoma Port Commission. If the bypass road is 
constructed in lieu of the bridge replacement project, the Federal 
share of the cost of construction of the bypass road shall not exceed 
an amount equal to the amount which would have been the Federal 
share of the cost of the bridge replacement project if the bridge 
replacement project had been carried out in accordance with such 
report. 
GRAYS HARBOR, WASHINGTON 
The project for navigation. Grays Harbor, Washington: Report of 
the Chief of Engineers, dated May 4, 1985, at a total cost of 
PUBLIC LAW 99-662—NOV. 17, 1986 
100 STAT. 4097 
$95,700,000, with an estimated first Federal cost of $63,100,000 and 
an estimated first non-Federal cost of $32,600,000. 
EAST, WEST, AND DUWAMISH WATERWAYS, WASHINGTON 
The project for navigation. East, West, and Duwamish Waterways, 
Navigation Improvement Study, Seattle Harbor, 
Washington: 
Report of the Chief of Engineers, dated May 31, 1985, at a total cost 
of $60,200,000, with an estimated first Federal cost of $30,300,000 
and an estimated first non-Federal cost of $29,900,000. 
SAIPAN HARBOR, COMMONWEALTH OF THE NORTHERN MARIANA 
ISLANDS 
The project for navigation and harbor modification, Saipan 
Harbor, Commonwealth of the Northern Mariana Islands: Report of 
the Secretary of the Interior, pursuant to Public Law 96-597, pre- 48 USC 1662 
pared by the Army Corps of Engineers dated July 22,1981, at a total 
"ote. 
cost of $14,000,000. 
SAN JUAN HARBOR, PUERTO RICO 
The project for navigation, San Juan Harbor, Puerto Rico: Report 
of the Chief of Engineers, dated December 23, 1982, at a total cost of 
$72,300,000, with an estimated first Federal cost of $52,700,000 and 
an estimated first non-Federal cost of $19,600,000, including the 
acquisition of 22 acres of land for mitigation of the loss of algal beds 
associated with the project, as recommended in the report of the 
District Engineer, Jacksonville, Florida, entitled "Phase I: General 
Design Memorandum on San Juan Harbor, Puerto Rico". 
CROWN BAY CHANNEL—ST. THOMAS HARBOR, VIRGIN ISLANDS 
The project for navigation. Crown Bay Channel—St. Thomas 
Harbor, Virgin Islands: Report of the Chief of Engineers, dated 
April 9, 1982, at a total cost of $8,290,000, with an estimated first 
Federal cost of $2,920,000 and an estimated first non-Federal cost of 
$5,370,000. The Secretary shall monitor the turbidity associated 
with construction, operation, and maintenance of the project and 
establish a program to maintain, to the extent feasible, such turbid-
ity at a level which will not damage adjacent ecosystems. In select-
ing a configuration for the disposal area for dredged material from 
the project, the Secretary shall consider configurations which will 
minimize, to the extent feasible, the loss of shallow water habitat. 
(b) 
AUTHORIZATION OF CONSTRUCTION SUBJECT TO FAVORABLE 
REPORT.—The following projects are authorized to be prosecuted by 
the Secretary substantially in accordance with the plans and subject 
to the conditions recommended in the respective reports cited, with 
such modifications as are recommended by the Chief of Engineers 
and approved by the Secretary, and with such other modifications as 
^'C'UU )aiJ :i 
are recommended by the Secretary. If no report is cited for a project, 
the project is authorized to be prosecuted by the Secretary in 
accordance with a final report of the Chief of Engineers, and with 
such modifications as are recommended by the Secretary, and no 
construction on such project may be initiated until such a report is 
issued and approved by the Secretary. 
100 STAT. 4098 
PUBLIC LAW 99-662—NOV. 17, 1986 
>ai 
miB 
'!'j'if\j'^ii. 
FRESH KILLS IN CARTERET, NEW JERSEY 
The project for navigation. Fresh Kills in Carteret, New Jersey, 
which project consists of extending the Arthur Kill Channel at a 
depth of 40 feet to the Fresh Kills in Carteret, New Jersey, and 
easing of such bends as the Secretary determines are necessary to 
enhance navigation, at a total cost of $26,000,000, with an estimated 
first Federal cost of $19,500,000 and an estimated first non-Federal 
cost of $6,500,000. 
ARTHUR KILL, NEW YORK AND NEW JERSEY 
The project for navigation, Arthur Kill, New York and New 
Jersey, Report of the Board of Engineers for Rivers and Harbors, 
dated March 31, 1986, at a total cost of $42,600,000, with an esti-
mated first Federal cost of $27,500,000 and an estimated first non-
Federal cost of $15,100,000. At such time as construction may be 
initiated in accordance with the terms of this subsection, the project 
shall be included in and joined with the Kill van KuU and Newark 
Bay Channel, New York and New Jersey project under subsection 
(a) of this section. 
NEW YORK HARBOR AND ADJACENT CHANNELS, NEW YORK AND NEW 
JERSEY 
The project for (1) an access channel 45 feet deep below mean low 
water and generally 450 feet wide with suitable bends and turning 
areas to extend from deep water in the Anchorage Channel, New 
York Harbor, westward approximately 12,000 feet along the south-
ern boundary of the Port Jersey peninsula to the head of navigation 
in Jersey City, New Jersey, at a total cost of $29,700,000, with an 
estimated first Federal cost of $21,000,000 and an estimated first 
non-Federal cost of $8,700,000; and (2) for a channel 42 feet deep 
below mean low water and generally 300 feet wide with suitable 
bends and turning areas to extend from deep water in the Anchor-
age Channel westward approximately 11,000 feet to the head of 
navigation in Claremont Terminal Channel, at a total cost of 
$16,000,000, with an estimated first Federal cost of $11,300,000 and 
an estimated first non-Federal cost of $4,700,000. No disposal of 
dredged material from construction, operation, and maintenance of 
such project shall take place at Bowery Bay, Flushing Bay, Powell's 
Cove, Little Bay, or Little Neck Bay, Queens, New York. 
(c) PRE-CONSTRUCTION AUTHORIZATION.—The Secretary is au-
thorized to carry out planning, engineering, and design for the 
following project for a harbor: 
• •< 
« a i 
LAKE CHARLES, LOUISIANA 
The project for deepening of the project for navigation. Lake 
Charles, Louisiana, to a depth of 45 feet, at a total cost of $1,070,000. 
33 u s e 2231. 
SEC. 203. STUDIES OF PROJECTS BY NON-FEDERAL INTERESTS. 
(a) SUBMISSION TO SECRETARY.—A non-Federal interest may on its 
own undertake a feasibility study of a proposed harbor or inland 
harbor project and submit it to the Secretary. To assist non-Federal 
interests, the Secretary shall, as soon as practicable, promulgate 
guidelines for studies of harbors or inland harbors to provide suffi-
cient information for the formulation of studies. 
PUBLIC LAW 99-662—NOV. 17, 1986 
100 STAT. 4099 
(b) REVIEW BY SECRETARY.—The Secretary shall review each study 
submitted under subsection (a) for the purpose of determining 
whether or not such study and the process under which such study 
was developed comply with Federal laws and regulations applicable 
to feasibility studies of navigation projects for harbors or inland 
harbors. 
(c) SUBMISSION TO CONGRESS.—Not later than 180 days after 
receiving any study submitted under subsection (a), the Secretary 
shall transmit to the Congress, in writing, the results of such review 
and any recommendations the Secretary may have concerning the 
project described in such plan and design. 
(d) CREDIT AND REIMBURSEMENT.—If a project for which a study 
has been submitted under subsection (a) is authorized by any provi-
sion of Federal law enacted after the date of such submission, the 
Secretary shall credit toward the non-Federal share of the cost of 
construction of such project an amount equal to the portion of the 
cost of developing such study that would be the responsibility of the 
^ ri ,•;: 
United States if such study were developed by the Secretary. 
SEC. 204. CONSTRUCTION OF PROJECTS BY NON-FEDERAL INTERESTS. 
33 USC 2232. 
(a) AUTHORITY.—In addition to projects undertaken pursuant to 
sections 201 and 202 of this title, any non-Federal interest is au-
thorized to undertake navigational improvements in harbors or 
inland harbors of the United States, subject to obtaining any per-
mits required pursuant to Federal and State laws in advance of the 
actual construction of such improvements. 
(b) STUDIES AND ENGINEERING.—When requested by an appro-
priate non-Federal interest the Secretary is authorized to undertake 
all necessary studies and engineering for any construction to be 
undertaken under the terms of subsection (a) of this section, and 
provide technical assistance in obtaining all necessary permits, if 
the non-Federal interest contracts with the Secretary to furnish the 
United States funds for such studies and engineering during the 
period that they are conducted. 
(c) COMPLETION OF STUDIES.—The Secretary is authorized to com-
plete and transmit to the appropriate non-Federal interest any 
study for improvements to harbors or inland harbors of the United 
States which were initiated prior to the date of enactment of this 
Act, or, upon the request of such non-Federal interest, to terminate 
such study and transmit such partially completed study to the non-
Federal interest. Studies under this subsection shall be completed 
without regard to the requirements of subsection (b) of this section. 
(d) AUTHORITY TO CARRY OUT IMPROVEMENT.—Any non-Federal 
interest which has requested and received from the Secretary pursu-
ant to subsection Qy) or (c) of this section, the completed study and 
engineering for an improvement to a harbor or an inland harbor, or 
separable element thereof, for the purpose of constructing such 
improvement and for which improvement a final environmental 
impact statement has been filed, shall be authorized to carry out the 
terms of the plan for such improvement. Any plan of improvement 
proposed to be implemented in accordance with this subsection shall 
be deemed to satisfy the requirements for obtaining the appropriate 
permits required under the Secretary's authority and such permits 
shall be granted subject to the non-Federal interest's acceptance of 
the terms and conditions of such permits: Provided, That the Sec-
retary determines that the applicable regulatory criteria and proce-
dures have been satisfied. The Secretary shall monitor any project 
100 STAT. 4100 
PUBLIC LAW 99-662—NOV. 17, 1986 
for which permits are granted under this subsection in order to 
ensure that such project is constructed (and, in those cases where 
such activities will not be the responsibility of the Secretary, oper-
ated and maintained) in accordance with the terms and conditions of 
such permits, 
(e) REIMBURSEMENT.— 
(1) GENERAL RULE.—Subject to the enactment of appropriation 
Acts, the Secretary is authorized to reimburse any non-Federal 
interest an amount equal to the estimate of Federal 
share, 
without interest, of the cost of any authorized harbor or inland 
harbor improvement, or separable element thereof, constructed 
,^ under the terms of this section if— 
, 
, 
(A) after authorization of the project and before initiation 
, 
of construction of the project or separable element— 
(i) the Secretary approves the plans of construction of 
< V r 
such project by such non-Federal interest, and 
Contracts. 
..-; 
, 
(ii) such non-Federal interest enters into an agree-
ment to pay the non-Federal share, if any, of the cost of 
operation and maintenance of such project; and 
f:''?feiJi' 
. -> 
(B) lY^Q Secretary finds before approval of the plans of 
0 '•'. _ *;. construction of the project that the project, or separable 
;. . 
element, is economically justified and environmentally 
acceptable. 
(2) MATTERS TO BE CONSIDERED IN REVIEWING PLANS.—In 
• 
reviewing such plans, the Secretary shall consider budgetary 
and programmatic priorities, potential impacts on the cost of 
dredging projects nationwide, and other factors that the Sec-
retary deems appropriate. 
(3) MONITORING.—The Secretary shall regularly monitor and 
* 
audit any project for a harbor or inland harbor constructed 
under this subsection by a non-Federal interest in order to 
ensure that such construction is in compliance with the plans 
approved by the Secretary, and that costs are reasonable. No 
reimbursement shall be made unless and until the Secretary 
- 
has certified that the work for which reimbursement is 
requested has been performed in accordance with applicable 
permits and the approved plans. 
(e) OPERATION AND MAINTENANCE.—Whenever a non-Federal in-
terest constructs improvements to any harbor or inland harbor, the 
Secretary shall be responsible for maintenance in accordance with 
section 101(b) if— 
(1) the Secretary determines, before construction, that the 
improvements, or separable elements thereof, are economically 
- justified, environmentally acceptable, and consistent with the 
,, purposes of this title; 
> / 
(2) the Secretary certifies that the project is constructed in 
accordance with applicable permits and the 
appropriate 
engineering and design standards; and 
(3) the Secretary does not find that the project, or separable 
- • %
: element thereof, is no longer economically justified or environ-
mentally acceptable. 
(f) DEMONSTRATION OF NON-FEDERAL INTERESTS ACTING AS AGENT 
OF SECRETARY.—For the purpose of demonstrating the potential 
advantages and efficiencies of non-Federal management of projects, 
the Secretary may approve £is many as two proposals pursuant to 
which the non-Federal interests will undertake part or all of a 
harbor project authorized by Congress as the agent of the Secretary 
PUBLIC LAW 99-662—NOV. 17, 1986 
100 STAT. 4101 
by utilizing its own personnel or by procuring outside services, so 
long as the cost of doing so will not exceed the cost of the Secretary 
undertaking the project. 
SEC. 205. COORDINATION AND SCHEDULING OF FEDERAL, STATE, AND 
33 USC 2233. 
LOCAL ACTIONS. 
(a) NOTICE OF INTENT.—The Secretary, on request from an appro-
priate non-Federal interest in the form of a written notice of intent 
to construct a navigation project for a harbor or inland harbor 
under section 204 or this section, shall initiate procedures to estab-
lish a schedule for consolidating Federal, State, and local agency 
environmental assessments, project reviews, and issuance of all 
permits for the construction of the project, including associated 
access channels, berthing areas, and onshore port-related facilities, 
before the initiation of construction. The non-Federal interest shall 
submit, with the notice of intent, studies and documentation, includ-
ing environmental reviews, that may be required by Federal law for 
decisionmaking on the proposed project. A State shall not be re-
quired to participate in carrying out this section. 
O
b
) PROCEDURAL REQUIREMENTS.—Within 15 days after receipt of Federal 
notice under subsection (a), the Secretary shall publish such notice Register, 
in the Federal Register. The Secretary also shall provide written 
Publication. 
notification of the receipt of a notice under subsection (a) to all State 
and local agencies that may be required to issue permits for the 
construction of the project or related activities. The Secretary shall 
solicit the cooperation of those agencies and request their entry into 
a memorandum of agreement described in subsection (c). Within 30 
days after publication of the notice in the Federal Register, State 
. 
,-,..., 
and local agencies that intend to enter into the memorandum of 
agreement shall notify the Secretary of their intent in writing. 
(c) ScHEDuuNG AGREEMENT.—Within 90 days after receipt of 
notice under subsection (a), the Secretary of the Interior, the Sec-
retary of Commerce, the Administrator of the Environmental 
Protection Agency, and any State or local agencies that have noti-
fied the Secretary under subsection (b) shall enter into an agree-
ment with the Secretary establishing a schedule of decisionmaking 
for approval of the project and permits associated with it and with 
related activities. Such schedule may not exceed two and one-half 
years from the date of the agreement. 
(d) CONTENTS OF AGREEMENT.—The agreement entered into under 
subsection (c), to the extent practicable, shall consolidate hearing 
and comment periods, procedures for data collection and report 
preparation, and the environmental review and permitting proc-
esses associated with the project and related activities. The agree-
ment shall detail, to the extent possible, the non-Federal interest's 
responsibilities for data development and information that may be 
necessary to process each permit, including a schedule when the 
information and data will be provided to the appropriate Federal, 
State, or local agency. 
(e) PREUMINARY DECISION.—The agreement shall include a date 
by which the Secretary, taking into consideration the views of all 
affected Federal agencies, shall provide to the non-Federal interest 
in writing a preliminary determination whether the project and 
Federal permits associated with it are reasonably likely to receive 
approval. 
(f) REVISION OF AGREEMENT.—The Secretary may revise the agree-
ment once to extend the schedule to allow the non-Federal interest 
.dSSi' 
100 STAT. 4102 
PUBLIC LAW 99-662—NOV. 17, 1986 
the minimum amount of additional time necessary to revise its 
original application to meet the objections of a Federal, State, or 
local agency which is a party to the agreement. 
(g) PROGRESS REPORTS.—Six months before the final date of the 
i: ' A 
schedule, the Secretary shall provide to Congress a written progress 
report for each navigation project for a harbor or inland harbor 
subject to this section. The Secretary shall transmit the report to the 
Committee on Public Works and Transportation of the House of 
Representatives and the Committee on Environment and Public 
Works of the Senate. The report shall summarize all work com-
pleted under the agreement and shall include a detailed work 
program that will assure completion of all remaining work under 
the agreement. 
(h) FINAL DECISION.—Not later than the final day of the schedule, 
the Secretary shall notify the non-Federal interest of the final 
decision on the project and whether the permit or permits have been 
issued. 
(i) REPORT ON TIMESAVINGS METHODS.—Not later than one year 
after the date of enactment of this Act, the Secretary shall prepare 
and transmit to Congress a report estimating the time required for 
the issuance of all Federal, State, and local permits for the construc-
tion of navigation projects for harbors or inland harbors and 
associated activities. The Secretary shall include in that report 
recommendations for further reducing the amount of time required 
for the issuance of those permits, including any proposed changes in 
existing law. 
33 use 2234. 
SEC. 206. NONAPPLICABILITY TO SAINT LAWRENCE SEAWAY. 
Sections 203, 204, and 205 do not apply to any harbor or inland 
harbor project for that portion of the Saint Lawrence Seaway 
administered by the Saint Lawrence Seaway Development Corpora-
tion. 
33 use 2235. 
SEC. 207. CONSTRUCTION IN USABLE INCREMENTS. 
"' ^ . 
Any navigation project for a harbor or inland harbor authorized 
by this title or any other provision of law enacted before, on, or after 
the date of enactment of this title may be constructed in usable 
increments. 
33 use 2236. 
SEC. 208. PORT OR HARBOR DUES. 
Maritime affairs. 
(a) CONSENT OF CONGRESS.—Subject to the following conditions, a 
£
°
™
™
®
'
^
'
^
® ^^^ 
non-Federal interest may levy port or harbor dues (in the form of 
'' 
tonnage duties or fees) on a vessel engaged in trade entering or 
departing from a harbor and on cargo loaded on or unloaded from 
that vessel under clauses 2 and 3 of section 10, and under clause 3 of 
section 8, of Article 1 of the Constitution: 
(1) PURPOSES.—Port or harbor dues may be levied only in 
^. ^ conjunction with a harbor navigation project whose construc-
tion is complete (including a usable increment of the project) 
and for the following purposes and in amounts not to exceed 
those necessary to carry out those purposes: 
(A)(i) to finance the non-Federal share of construction 
and operation and maintenance costs of a navigation 
•^ ic, V project for a harbor under the requirements of section 101 
^vMf-If'i of this Act; or 
„,,;,, ,^„ •^,»,^..Mi,.« -..,.. ...i,ivj.>A^ ...-•.•. ^u.-,., .-.i^t.^ 
trade. 
PUBLIC LAW 99-662—NOV. 17, 1986 
100 STAT. 4103 
~* »
<
:
>
"
? . 
(ii) to finance the cost of construction and operation and 
maintenance of a navigation project for a harbor under 
section 204 or 205 of this Act; and 
jsiiy 
(B) provide emergency response services in the harbor, 
including contingency planning, necessary personnel train-
ing, and the procurement of equipment and facilities. 
(2) LIMITATION ON PORT OR HARBOR DUES FOR EMERGENCY 
SERVICE.—Port or harbor dues may not be levied for the pur-
poses described in paragraph (IXB) of this subsection after the 
dues cease to be levied for the purposes described in paragraph 
(IXA) of this subsection. 
(3) GENERAL UMITATIONS.—(A) Port or harbor dues may not be 
levied under this section in conjunction with a deepening fea-
ture of a navigation improvement project on any vessel if that 
vessel, based on its design draft, could have utilized the project 
at mean low water before construction. In the case of project 
features which solely— 
^
^ s 
(i) widen channels or harbors, 
«
•
« • 
(ii) create or enlarge bend easings, turning basins or 
anchorage areas, or provide protected areas, or 
(iii) remove obstructions to navigation, 
only vessels at least comparable in size to those used to justify 
these features may be charged under this section. 
(B) In developing port or harbor dues that may be charged 
under this section on vessels for project features constructed 
under this title, the non-Federal interest may consider such 
criteria as: elapsed time of passage, safety of passage, vessel 
- -
economy of scale, under keel clearance, vessel draft, vessel 
squat, vessel speed, sinkage, and trim. 
(C) Port or harbor dues authorized by this section shall not be 
imposed on— 
(i) vessels owned and operated by the United States 
Government, a foreign country, a State, or a political sub-
"l> 
division of a country or State, unless engaged in commercial 
services; 
(ii) towing vessels, vessels engaged in dredging activities, 
or vessels engaged in intraport movements; or 
,„ 
(iii) vessels with design drafts of 20 feet or less when 
'••'• 
utilizing general cargo and deep-draft navigation projects. 
(4) FORMULATION OF PORT OR HARBOR DUES.—Port or harbor 
dues may be levied only on a vessel entering or departing from a 
harbor and its cargo on a fair and equitable basis. In formulat-
ing port and harbor dues, the non-Federal interest shall 
consider— 
; 
(A) the direct and indirect cost of construction, oper-
ations, and maintenance, and providing the facilities and 
- ' 
services under paragraph (1) of this subsection; 
(B) the value of those facilities and services to the vessel 
and cargo; 
(C) the public policy or interest served; and 
(D) any other pertinent factors. 
rt'.'.= 
(5) NOTICE AND HEARING.—(A) Before the initial levy of or 
r i H 
subsequent modification to port or harbor dues under this 
section, a non-Federal interest shall transmit to the Secretary— 
*
; >. 
(i) the text of the proposed law, regulation, or ordinance 
that would establish the port or harbor dues, including 
100 STAT. 4104 
PUBLIC LAW 99-662—NOV. 17, 1986 
TOC 
Federal 
Register, 
publication. 
Public 
information. 
Records. 
Reports. 
provisions for their administration, collection, and enforce-
ment; 
(ii) the name, address, and telephone number of an offi-
'•"' cial to whom comments on and requests for further 
information on the proposal are to be directed; 
(iii) the date by which comments on the proposal are due 
and a date for a public hearing on the proposal at which 
any interested party may present a statement; however, the 
non-Federal interest may not set a hearing date earlier 
than 45 days after the date of publication of the notice in 
the Federal Register required by subparagraph (B) of this 
paragraph or set a deadline for receipt of comments earlier 
than 60 days after the date of publication; and 
(iv) a written statement signed by an appropriate official 
that the non-Federal interest agrees to be governed by the 
provisions of this section. 
(B) On receiving from a non-Federal interest the information 
required by subparagraph (A) of this paragraph, the Secretary 
shall transmit the material required by clauses (i) through (iii) 
of subparagraph (A) of this paragraph to the Federal Register 
for publication. 
(C) Port or harbor dues may be imposed by a non-Federal 
interest only after meeting the conditions of this paragraph. 
(6) REQUIREMENTS ON NON-FEDERAL INTEREST.—A non-Federal 
interest shall— 
(A) file a schedule of any port or harbor dues levied under 
this subsection with the Secretary and the Federal Mari-
time Commission, which the Commission shall make avail-
able for public inspection; 
(B) provide to the Comptroller General of the United 
States on request of the Comptroller General any records or 
other evidence that the Comptroller General considers to be 
necessary and appropriate to enable the Comptroller Gen-
eral to carry out the audit required under subsection (b) of 
this section; 
(C) designate an officer or authorized representative, 
including the Secretary of the Treasury acting on a cost-
reimbursable basis, to receive tonnage certificates and 
cargo manifests from vessels which may be subject to the 
levy of port or harbor dues, export declarations from ship-
pers, consignors, and terminal operators, and such other 
documents as the non-Federal interest may by law, regula-
tion, or ordinance require for the imposition, computation, 
and collection of port or harbor dues; and 
. ' 
(D) consent expressly to the exclusive exercise of Federal 
jurisdiction under subsection (c) of this section. 
O
t
>
) AUDITS.—The Comptroller General of the United States shedl— 
(1) carry out periodic audits of the operations of non-Federal 
interests that elect to levy port or harbor dues under this 
section to determine if the conditions of subsection (a) of this 
section are being complied with; 
(2) submit to each House of the Congress a written report 
containing the findings resulting from each audit; and 
(3) make any recommendations that the Comptroller General 
considers appropriate regarding the compliance of those non-
v
- Federal interests with the requirements of this section. 
PUBLIC LAW 99-662—NOV. 17, 1986 
100 STAT. 4105 
(c) JURISDICTION.—(1) The district court of the United States for 
Courts, U.S. 
the district in which is located a non-Federal interest that levies 
port or harbor dues under this section has original and exclusive 
jurisdiction over any matter arising out of or concerning, the imposi-
tion, computation, collection, and enforcement of port or harbor 
dues by a non-Federal interest under this section. 
(2) Any person who suffers legal wrong or is adversely affected or 
aggrieved by the imposition by a non-Federal interest of a proposed 
scheme or schedule of port or harbor dues under this section may, 
"'" '"^ 
not later than 180 days after the date of hearing under subsection 
(a)(5)(A)(iii) of this section, commence an action to seek judicial 
review of that proposed scheme or schedule in the appropriate 
district court under paragraph (1). 
(3) On petition of the Attorney General or any other party, that 
district court may— 
(A) grant appropriate injunctive relief to restrain an action by 
- ••'•'' 
that non-Federal interest violating the conditions of consent in 
subsection (a) of this section; 
(B) order the refund of any port or harbor dues not lawfully 
rr: 2
U •: 
collected; and 
(C) grant other appropriate relief or remedy. 
(d) COLLECTION OF DUTIES.— 
xs 
(1) DEUVERY OF CERTIFICATE AND MANIFEST — 
(A) UPON ARRIVAL OF VESSEL.—Upon the arrival of a 
hfm 
vessel in a harbor in which the vessel may be subject to the 
iL> ' 
levy of port or harbor dues under this section, the master of 
that vessel shall, within forty-eight hours after arrival and 
. -. 
before any cargo is unloaded from that vessel, deliver to the 
appropriate authorized representative appointed under 
subsection (a)(6)(C) of this section a tonnage certificate for 
.:r 
the vessel and a manifest of the cargo aboard that vessel or, 
if the vessel is in ballast, a declaration to that effect. 
(B) BEFORE DEPARTURE OF VESSEL.—The shipper, con-
' 
'' 
signor, or terminal operator having custody of any cargo to 
be loaded on board a vessel while the vessel is in a harbor in 
o
f ;n; 
which the vessel may be subject to the levy of port or 
\ ; n 
harbor dues under this section shall, within forty-eight 
hours before departure of that vessel, deliver to the appro-
priate authorized representative appointed under subsec-
tion (a)(6)(C) of this section an export declaration specifying 
' 
the cargo to be loaded on board that vessel. 
(e) ENFORCEMENT.—At the request of an authorized representative 
referred to in subsection (a)(6)(C) of this section, the Secretary of the 
Treasury may: 
(1) withhold the clearance required by section 4197 of the 
Revised Statutes of the United States (46 U.S.C. App. 91) for a 
vessel if the master, owner, or operator of a vessel subject to 
.«eii / 
. ! 
port or harbor dues under this section fails to comply with the 
provisions of this section including any non-Federal law, regula-
tion or ordinance issued hereunder; and 
(2) assess a penalty or initiate a forfeiture of the cargo in the 
same manner and under the same procedures as are applicable 
for failure to pay customs duties under the Tariff Act of 1930 (19 
App. U.S.C. 1202 et seq.) if the shipper, consignor, consignee, or 
terminal operator having title to or custody of cargo subject to 
port or harbor dues under this section fails to comply with the 
100 STAT. 4106 
PUBLIC LAW 99-662—NOV. 17, 1986 
provisions of this section including any non-Federal law, regula-
tion, or ordinance issued hereunder, 
(f) MARITIME LIEN.—Port or harbor dues levied under this section 
against a vessel constitute a maritime lien against the vessel and 
port or harbor dues levied against cargo constitute a lien against the 
cargo that may be recovered in an action in the district court of the 
United States for the district in which the vessel or cargo is found. 
33 u s e 2237. 
SEC. 209. INFORMATION FOR NATIONAL SECURITY. 
Any non-Federal interest shall provide the United States the 
information necessary for military readiness planning and harbor, 
inland harbor, and national security, including information nec-
essary to obtain national security clearances for individuals 
employed in critical harbor and inland harbor positions. 
33 u s e 2238. 
SEC. 210. AUTHORIZATION OF APPROPRIATIONS. 
(a) TRUST FUND.—There are authorized to be appropriated out of 
the Harbor Maintenance Trust Fund, established by section 9505 of 
26 use 9505. 
the Internal Revenue Code of 1954, for each fiscal year such sums as 
may be necessary to pay— 
(1) 100 percent of the eligible operations and maintenance 
costs of those portions of the Saint Lawrence Seaway operated 
and maintained by the Saint Lawrence Seaway Development 
Corporation for such fiscal year; and 
(2) not more than 40 percent of the eligible operations and 
maintenance costs assigned to commercial navigation of all 
harbors and inland harbors within the United States. 
(b) GENERAL FUND.—There are authorized to be appropriated out 
of the general fund of the Treasury of the United States for each 
fiscal year such sums as may be necessary to pay the balance of all 
eligible operations and maintenance costs not provided by payments 
from the Harbor Maintenance Trust Fund under this section. 
New Jersey. 
SEC. 211. ALTERNATIVES TO MUD DUMP FOR DISPOSAL OF DREDGED 
33 u s e 2239. 
MATERIAL. 
(a) DESIGNATION OF ALTERNATIVE SITES.—Not later than three 
years after the date of enactment of this Act, the Administrator of 
the Environmental Protection Agency shall designate one or more 
sites in accordance with the Marine Protection, Research, and Sanc-
33 use 1401 
tuaries Act of 1972 for the disposal of dredged material which, 
note. 
without such designation, would be disposed of at the Mud Dump (as 
defined in subsection (g)). The designated site or sites shall be 
located not less than 20 miles from the shoreline. The Adminis-
trator, in determining sites for possible designation under this 
subsection, shall consult with the Secretary and appropriate Fed-
eral, State, interstate, and local agencies. 
Effective date. 
Qi) UsE OF NEWLY DESIGNATED SiTE.—Beginning on the 30th day 
following the date on which the Administrator of the Environmental 
Protection Agency makes the designation required by subsection (a), 
any ocean disposal of dredged material (other than acceptable 
dredged material) by any person or governmental entity authorized 
pursuant to the Marine Protection, Research, and Sanctuaries Act 
of 1972 to dispose of dredged material at the Mud Dump on or before 
the date of such designation shall take place at the newly designated 
ocean disposal site or sites under subsection (a) in lieu of the Mud 
Dump. 
PUBLIC LAW 99-662—NOV. 17, 1986 
100 STAT. 4107 
(c) INTERIM AVAILABIUTY OF LAWFUL SITES.—Until the 30th day 
following the date on which the Administrator of the Environmental 
Protection Agency makes the designation required by subsection (a), 
there shall be available a lawful site for the ocean disposal of 
dredged material by any person or governmental entity authorized 
pursuant to the Marine Protection, Research, and Sanctuaries Act 
of 1972 to dispose of dredged material at the Mud Dump on or before 
33 USC 1401 
the date of such designation. 
note. 
(d) STATUS REPORTS.—Not later than one year after the date of 
enactment of this Act and annually thereafter until the designation 
of one or more sites under subsection (a), the Administrator of the 
Environmental Protection Agency shall submit a report to the 
Committee on Public Works and Transportation of the House of 
"'^'' "'^^' ' 
Representatives and the Committee on Environment and Public 
Works of the Senate describing the status of such designation. 
(e) 
FUTURE USE OF MUD DUMP RESTRICTED TO ACCEPTABLE 
DREDGED MATERIAL.—Notwithstanding any other provision of law, 
including any regulation, the Secretary shall ensure that, not later 
than the 30th day following the date on which the Administrator of 
the Environmental Protection Agency makes the designation re-
quired by subsection (a), all existing and future Department of the 
Army permits and authorizations for disposal of dredged material at 
the Mud Dump shall be modified, revoked, and issued (as appro-
priate) to ensure that only acceptable dredged material will be 
disposed of at such site and that all other dredged material deter-
mined to be suitable for ocean disposal will be disposed of at the site 
or sites designated pursuant to subsection (a) of this section. 
(f) DEFINITION OF ACCEPTABLE DREDGED MATERIAL.—For purposes 
of this section, the term "acceptable dredged material" means rock, 
beach quality sand, material excluded from testing under the ocean 
dumping regulations promulgated by the Administrator of the 
Environmental Protection Agency pursuant to the Marine Protec-
tion, Research, and Sanctuaries Act of 1972, and any other dredged 
material (including that from new work) determined by the Sec-
retary, in consultation with the Administrator, to be substantially 
free of pollutants. 
(g) DEFINITION OF MUD DUMP.—For purposes of this section, the 
term "Mud Dump" means the area located approximately 5% miles 
east of Sandy Hook, New Jersey, with boundary coordinates of 40 
degrees 23 minutes 48 seconds N, 73 degrees 51 minutes 28 seconds 
W; 40 degrees 21 minutes 48 seconds N, 73 degrees 50 minutes 00 
seconds W; 40 degrees 21 minutes 48 second N, 73 degrees 51 
minutes 28 seconds W; and 40 degrees 23 minutes 48 seconds N, 73 
degrees 50 minutes 00 seconds W. 
SEC. 212. EMERGENCY RESPONSE SERVICES. 
33 USC 2240. 
(a) GRANTS.—The Secretary is authorized to make grants to any 
State and local 
non-Federal interest operating a project for a harbor for provision of governments. 
emergency response services in such harbor (including contingency 
planning, necessary personnel training, and the procurement of 
equipment and facilities either by the non-Federal interest, by a 
local agency or municipality, or by a combination of local agencies 
or municipalities on a cost-reimbursable basis, either by a coopera-
tive agreement, mutual aid plan, or mutual assistance plan entered 
into between one or more non-Federal interests, public agencies, or 
local municipalities). 
100 STAT. 4108 
PUBLIC LAW 99-662—NOV. 17, 1986 
(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be 
appropriated for fiscal years beginning after September 30, 1986, 
and ending before October 1,1992, $5,000,000. 
SEC. 213. HARBOR OFFICE AT MORRO BAY, CALIFORNIA. 
For reasons of navigation safety, subject to section 903(a) of this 
Mt. v)^ 
Act, the Secretary is authorized to make a grant to the non-Federal 
interest operating Morro Bay Harbor, California, for construction of 
a new harbor office at such harbor, at a total cost of $500,000, with 
an estimated first Federal cost of $375,000 and an estimated first 
non-Federal cost of $125,000. 
33 use 2241. 
SEC. 214. DEFINITIONS. 
For purposes of this title— 
(1) DEEP-DRAFT HARBOR.—The term "deep-draft 
harbor" 
means a harbor which is authorized to be constructed to a depth 
of more than 45 feet (other than a project which is authorized by 
section 202 of this title). 
(2) ELIGIBLE OPERATIONS AND MAINTENANCE.—(A) Except as 
provided in subparagraph (B), the term "eligible operations and 
maintenance" means all operations, maintenance, repair, and 
rehabilitation, including maintenance dredging reasonably nec-
essary to maintain the width and nominal depth of any harbor 
or inland harbor. 
(B) As applied to the Saint Lawrence Seaway, the term "eli-
gible operations and maintenance" means all operations, 
maintenance, repair, and rehabilitation, including maintenance 
dredging reasonably necessary to keep such Seaway or naviga-
tion improvements operated or maintained by the Saint Law-
rence Seaway Development Corporation in operation and 
reasonable state of repair. 
(C) The term "eligible operations and maintenance" does not 
include providing any lands, easements, rights-of-way, or 
dredged material disposal areas, or performing relocations re-
quired for project operations and maintenance. 
(3) GENERAL 
CARGO HARBOR.—The term "general cargo 
harbor" means a harbor for which a project is authorized by 
section 202 of this title and any other harbor which is au-
thorized to be constructed to a depth of more than 20 feet but 
not more than 45 feet; 
(4) HARBOR.—The term "harbor" means any channel or 
harbor, or element thereof, in the United States, capable of 
being utilized in the transportation of commercial cargo in 
domestic or foreign waterborne commerce by commercial ves-
r, o -.. , ,,. 
sels. The term does not include— 
(A) an inland harbor; 
Y,--'- 
^ 
(B) the Saint Lawrence Seaway; 
' ' ' "^'«'~' '
^
f
^
* * -^'^ * «^ 
'^^-'' 
(C) local access or berthing channels; 
(D) channels or harbors constructed or maintained by 
nonpublic interests; and 
(E) any portion of the Columbia River other than the 
channels on the downstream side of Bonneville lock and 
dam. 
(5) INLAND HARBOR.—The term "inland harbor" means a 
navigation project which is used principally for the accommoda-
tion of commercial vessels and the receipt and shipment of 
.abit" 
PUBLIC LAW 99-662—NOV. 17, 1986 
100 STAT. 4109 
waterborne cargoes on inland waters. The term does not 
include— 
(A) projects on the Great Lakes; 
1 
(B) projects that are subject to tidal influence; 
(C) projects with authorized depths of greater than 20 
feet; 
(D) local access or berthing channels; and 
(E) projects constructed or maintained by nonpublic 
interests. 
'^'-^ (6) NOMINAL DEPTH.—The term "nominal depth" means, in 
relation to the stated depth for any navigation improvement 
project, such depth, including any greater depths which must be 
maintained for any harbor or inland harbor or element thereof 
included within such project in order to ensure the safe passage 
at mean low tide of any vessel requiring the stated depth. 
(7) NON-FEDERAL INTEREST.—The term "non-Federal interest" 
has the meaning such term has under section 221 of the Flood 
Control Act of 1970 and includes any interstate agency and port 42 USC 
authority established under a compact entered into between two l962d-5b. 
or more States with the consent of Congress under section 10 of 
Article I of the Constitution. 
(8) UNITED STATES.—The term "United States" means all 
areas included within the territorial boundaries of the United 
States, including the several States, the District of Columbia, 
the Commonwealth of Puerto Rico, the Virgin Islands, Guam, 
American Samoa, the Trust Territory of the Pacific Islands, the x
y
-
f
.
-
. :<.£ 
Northern Mariana Islands, and any other territory or posses-
sion over which the United States exercises jurisdiction. 
SEC. 215. SHORT TITLE. 
33 USC 2201 
This title may be cited as the "Harbor Development and Naviga-
tion Improvement Act of 1986". 
TITLE III—INLAND WATERWAY TRANSPORTATION SYSTEM 
SEC. 301. AUTHORIZATION OF PROJECTS. 
(a) AUTHORIZATION OF CONSTRUCTION.—The following works of 
improvement for the benefit of navigation are authorized to be 
prosecuted by the Secretary substantially in accordance with the 
plans and subject to the conditions recommended in the respective 
reports designated in this subsection, except as otherwise provided 
in this subsection: 
OUVER LOCK AND DAM, BLACK WARRIOR-TOMBIGBEE RIVER, ALABAMA 
Construction of a lock and dam to replace the William Bacon 
Oliver Lock and Dam, Black Warrior-Tombigbee River, Alabama: 
Report of the Chief of Engineers, dated September 26, 1984, at a 
total cost of $150,000,000, with a first Federal cost of $150,000,000. 
LOCKS 
AND 
DAMS 
5 
THROUGH 14, 
KENTUCKY 
RIVER, 
KENTUCKY 
" '-, '.fi 
Disposition of Kentucky River, Kentucky, Locks and Dams 5 
through 14, Report of the Chief of Engineers, dated July 2, 1984, for 
disposition purposes without any construction cost. 
100 STAT. 4110 
PUBLIC LAW 99-662—NOV. 17, 1986 
GALUPOUS LOCKS AND DAM REPLACEMENT, OHIO RIVER, OHIO AND 
WEST VIRGINIA 
The project for navigation, Gallipolis Locks and Dam Replace-
ment, Ohio River, Ohio and West Virginia: Report of the Chief of 
Engineers, dated April 8, 1982, and Supplemental Report of the 
Chief of Engineers, dated August 13, 1983, at a total cost of 
$285,000,000, with a first Federal cost of $285,000,000. 
Birds. 
BONNEVILLE LOCK AND DAM, OREGON AND WASHINGTON-
RIVER AND TRIBUTARIES, WASHINGTON 
-COLUMBIA 
The project for navigation, Bonneville Lock and Dam, Oregon and 
Washington—Columbia River and Tributaries, Interim Report: 
Report of the Chief of Engineers, dated March 14, 1980, and the 
Supplement thereto, dated February 10, 1981, at a total cost of 
$191,000,000, with a first Federal cost of $191,000,000. Dredged 
material from the project shall be disposed of at such sites consid-
ered by the Secretary to be appropriate to the extent necessary to 
prevent damage to the Blue Heron rookery on Pierce and Ives 
Islands. No construction shall take place on Pierce and Ives Islands 
during the heron nesting period. 
Fish and fishing. 
Wildlife. 
LOCK AND DAM 7 REPLACEMENT, MONONGAHELA RIVER, 
PENNSYLVANIA 
^
R 
The project for navigation. Lock and Dam 7 Replacement, 
Monongahela River, Pennsylvania: Report of the Chief of Engineers, 
dated September 24, 1984, with such modifications (including ac-
quisition of lands for fish and wildlife mitigation) as the Secretary 
determines are advisable, at a total cost of $123,000,000, with a first 
Federal cost of $123,000,000. 
Fish and fishing. 
Wildlife. 
Fish and fishing. 
Wildlife. 
_^. 
LOCK AND DAM 8 REPLACEMENT, MONONGAHELA RIVER, 
PENNSYLVANIA 
The project for navigation. Lock and Dam 8 Replacement, 
Monongahela River, Pennsylvania: Report of the Chief of Engineers, 
dated September 24, 1984, with such modifications (including ac-
quisition of lands for fish and wildlife mitigation) as the Secretary 
determines are advisable, at a total cost of $82,900,000, with a first 
Federal cost of $82,900,000. 
(b) 
AUTHORIZATION OF CONSTRUCTION SUBJECT TO FAVORABLE 
REPORT.—The following project is authorized to be prosecuted by the 
Secretary in accordance with a final report of the Chief of Engi-
neers, and with such modifications as are recommended by the 
Secretary, and no construction on such project may be initiated 
until such a report is issued and approved by the Secretary. 
WINFIELD LOCKS AND DAM, KANAWHA RIVER, WEST VIRGINIA 
Construction of improvements to, and an additional lock in the 
vicinity of, the Winfield Locks and Dam, Kanawha River, West 
Virginia, and acquisition of lands for fish and wildlife mitigation in 
such vicinity, at a total cost of $153,000,000, with a first Federal cost 
of $153,000,000. 
_ :__. „ . 
. 
PUBLIC LAW 99-662—NOV. 17, 1986 
100 STAT. 4111 
SEC. 302. INLAND WATERWAYS USERS BOARD. 
^3 USC 2251. 
(a) ESTABLISHMENT OF USERS BOARD.—There is hereby established 
an Inland Waterway Users Board (hereinafter in this section re-
ferred to as the "Users Board") composed of the eleven members 
selected by the Secretary, one of whom shall be designated by the 
Secretary as Chairman. The members shall be selected so as to 
represent various regions of the country and a spectrum of the 
primary users and shippers utilizing the inland and intracoastal 
waterways for commercial purposes. Due consideration shall be 
given to assure a balance among the members based on the ton-mile 
shipments of the various categories of commodities shipped on 
inland waterways. The Secretary of the Army shall designate, and 
the Secretaries of Agriculture, Transportation, and Commerce may 
each designate, a representative to act as an observer of the Users 
Board. 
(b) DUTIES.—The Users Board shall meet at least semi-annually to 
develop and make recommendations to the Secretary regarding 
construction and rehabilitation priorities and spending levels on the 
commercial navigational features and components of the inland 
waterways and inland harbors of the United States for the following 
fiscal years. Any advice or recommendation made by the Users 
Board to the Secretary shall reflect the independent judgment of the 
Users Board. The Users Board shall, by December 31, 1987, and 
annually thereafter file such recommendations with the Secretary 
and with the Congress. 
(c) ADMINISTRATION.—The Users Board shall be subject to the 
Federal Advisory Committee Act (83 Stat. 770; 5 U.S.C. App.), other 
than section 14, and, with the consent of the appropriate agency 
head, the Users Board may use the facilities and services of any 
Federal agency. Non-Federal members of the Users Board while 
engaged in the performance of their duties away from their homes 
or regular places of business, may be allowed travel expenses, 
including per diem in lieu of subsistence, as authorized by section 
5703 of title 5, United States Code. 
TITLE IV—FLOOD CONTROL 
SEC. 401. AUTHORIZATION OF PROJECTS. 
Reports. 
(a) AUTHORIZATION OF CONSTRUCTION.—The following works of 
improvement for the control of destructive floodwaters are adopted 
and authorized to be prosecuted by the Secretary substantially in 
accordance with the plans and subject to the conditions rec-
ommended in the respective reports designated in this subsection, 
except as otherwise provided in this subsection: 
VILLAGE CREEK, ALABAMA 
The project for flood control. Village Creek, Jefferson County, 
Alabama: Report of the Chief of Engineers, dated December 23, 
1982, at a total cost of $31,600,000, with an estimated first Federal 
cost of $23,600,000 and an estimated first non-Federal cost of 
$8,000,000. 
THREEMILE CREEK, ALABAMA 
The project for flood control, Threemile Creek, Mobile, Alabama: 
Report of the Chief of Engineers, dated April 20, 1984, at a total cost 
100 STAT. 4112 
PUBLIC LAW 99-662—NOV. 17, 1986 
XTfV 
of $19,100,000, with an estimated first Federal cost of $13,400,000 
and an estimated first non-Federal cost of $5,700,000. 
UTTLE COLORADO RIVER, ARIZONA 
" 
The project for flood control. Little Colorado River at Holbrook, 
Arizona: Report of the Chief of Engineers, dated December 23, 1981, 
at a total cost of $11,900,000, with an estimated first Federal cost of 
$8,940,000 and an estimated first non-Federal cost of $2,960,000. 
EIGHT MILE CREEK, PARAGOULD, ARKANSAS 
The project for flood control. Eight Mile Creek, Paragould, Ar-
kansas: Report of the Chief of Engineers, dated August 10, 1979, at a 
total cost of $16,100,000, with an estimated first Federal cost of 
$11,200,000 and an estimated first non-Federal cost of $4,900,000. 
FOURCHE 
BAYOU 
BASIN, 
ARKANSAS 
The project for flood control, Fourche Bayou Basin, Little Rock, 
Arkansas: Report of the Chief of Engineers, dated September 4, 
1981, at a total cost of $33,400,000, with an estimated first Federal 
cost of $25,100,000 and an estimated first non-Federal cost of 
$8,300,000. 
HELENA AND VICINITY, ARKANSAS 
The project for flood control, Helena and Vicinity, Arkansas: 
Report of the Chief of Engineers, dated June 22, 1983, at a total cost 
of $15,000,000, with an estimated first Federal cost of $11,200,000 
and an estimated first non-Federal cost of $3,800,000. 
WEST MEMPHIS AND VICINITY, ARKANSAS 
The project for flood control. West Memphis and Vicinity, Ar-
kansas: Report of the Chief of Engineers, dated September 7, 1984, 
at a total cost of $21,900,000, with an estimated first Federal cost of 
$15,400,000 and an estimated first non-Federal cost of $6,500,000. 
CACHE CREEK BASIN, CAUFORNIA 
«
-
"
' oq» 
rpjjg project for flood control, Cache Creek Basin, California: 
Report of the Chief of Engineers, dated April 27,1981, at a total cost 
of $28,500,000, with an estimated first Federal cost of $19,000,000 
and an estimated first non-Federal cost of $9,500,000, except that, in 
lieu of constructing the recommended bypass channel, the Secretary 
shall accomplish the purposes of the project by removing the rock 
formation at the outlet channel and widening and deepening the 
channel in accordance with alternative 8 as described in the Fea-
sibility Study of the District Engineer dated August 1979. The 
Secretary shall act in coordination with the State of California to 
assure that such project poses no danger to any component of its 
State park system. 
REDBANK AND FANCHER CREEKS, CALIFORNIA 
The project for flood control, Redbank and Fancher Creeks, 
California: Report of the Chief of Engineers, dated May 7, 1981, at a 
total cost of $84,600,000, with an estimated first Federal cost oi 
$64,900,000 and an estimated first non-Federal cost of $19,700,000. 
PUBLIC LAW 99-662—NOV. 17, 1986 
100 STAT. 4113 
The project shall include measures determined appropriate by the 
Secretary to minimize adverse effects on groundwater and to maxi- 
^ .^^ 
mize benefits to groundwater, including ground water recharge. 
a-Mbii^ 
SANTA ANA RIVER MAINSTEM, CAUFORNIA 
" The project for flood control, Santa Ana River Mainstem, includ- Dams, 
ing Santiago Creek, California: Report of the Chief of Engineers, 
dated January 15, 1982, at a total cost of $1,090,000,000, with an 
estimated first Federal cost of $809,000,000 and an estimated first 
non-Federal cost of $281,000,000, except that in lieu of the Mentone 
Dam feature of the project and subject to the provisions of section 
903(b) of this Act, the Secretary is authorized to plan, design, and 
construct a flood control storage dam on the upper Santa Ana River. 
Any relocation of the Talbert Valley Channel undertaken in connec-
tion with the project shall be constructed with a channel capacity 
sufficient to accommodate a 100-year flood. If a non-Federal sponsor 
agrees to pay at least 50 percent of the cost of such investigation, the 
Secretary is authorized to investigate the feasibility of including 
water supply and conservation storage at Prado Dam. The Secretary 
of the Interior, in consultation with the Secretary, shall carry out 
' ^^^ *^^ 
such studies and analyses as he deems necessary to determine (1) 
the effects of water supply and conservation at Prado Dam on 
existing oil and gas leasehold interests owned by Prado Petroleum 
Company, and (2) the feasibility of exchanging the leasehold in-
terests owned by Prado Petroleum Company for property of substan-
tially equivalent value under the jurisdiction of the Secretary of the 
Interior. Such studies and analyses shall be completed within one 
year of the date of enactment of this Act. Pursuant to the Water 
Supply Act of 1958, any additional water supply and conservation 
43 USC 390b. 
storage at Prado Dam as may be recommended by the Secretary 
based on the investigation under this paragraph is authorized upon 
the exchange of leasehold interests in accordance with the rec-
ommendations of the Secretary of the Interior's studies. Nothing in 
this paragraph affects the Secretary's and the Secretary of the 
Interior's existing authority to operate Prado Dam for water supply 
and conservation. 
FOUNTAIN CREEK, COLORADO 
The project for flood control. Fountain Creek, Pueblo, Colorado 
phase I GDM: Report of the Chief of Engineers, dated December 23, 
1981, at a total cost of $8,600,000, with an estimated first Federal 
cost of $6,320,000 and an estimated first non-Federal cost of 
$2,280,000. 
METROPOLITAN 
DENVER, 
COLORADO 
The project for flood control. Metropolitan Denver and South 
Platte River and Tributaries, Colorado, Wyoming, and Nebraska: 
Reports of the Chief of Engineers, dated December 23, 1981, and 
July 14, 1983, House Document Numbered 98-265, at a total cost of 
$10,800,000, with an estimated first Federal cost of $8,100,000 and an 
estimated first non-Federal cost of $2,700,000. In applying section 
104 to such project, the Secretary shall consider work carried out by 
non-Federal interests after January 1, 1978, and before the date of 
the enactment of this Act that otherwise meets the requirements of 
such section. 
-sHibllW 
100 STAT. 4114 
PUBLIC LAW 99-662—NOV. 17, 1986 
ics.:? 
GATES CREEK, GEORGIA 
J:;9! 
adT 
Wildlife. 
Fish and fishing. 
O^J 
The project for flood control, Gates Creek, Georgia: Report of the 
Chief of Engineers, dated December 23, 1981, at a total cost of 
$13,700,000, with an estimated first Federal cost of $9,600,000 and an 
estimated first non-Federal cost of $4,100,000. Such project shall 
include (1) measures determined by the Secretary to be necessary 
and appropriate to minimize pollution of shallow ground and sur-
face waters which may result from construction of the project, and 
(2) planting of vegetation along the channel for purposes of enhanc-
ing wildlife habitat. 
ALENAIO STREAM, HAWAII 
The project for flood control, Alenaio Stream, Hawaii: Report of 
the Chief of Engineers, dated August 15, 1983, at a total cost of 
$7,860,000, with an estimated first Federal cost of $5,500,000 and an 
estimated first non-Federal cost of $2,360,000. 
UTTLE WOOD RIVER, IDAHO 
The project for flood control. Little Wood River, vicinity of 
Gooding and Shoshone, Idaho: Report of the Chief of Engineers, 
dated November 2, 1977, Senate Document Numbered 96-9, at a 
total cost of $4,530,000, with an estimated first Federal cost of 
$3,400,000 and an estimated first non-Federal cost of $1,130,000. 
After completion of the project, the Secretary shall evaluate and 
monitor the extent of any fish losses that are attributable to the 
project and undertake such additional mitigation measures as he 
determines appropriate. 
ROCK RIVER, ILUNOIS 
The project for fiood control. Rock River, Rockford and Vicinity, 
Illinois (Loves Park Interim): Report of the Chief of Engineers, dated 
September 15, 1980, at a total cost of $31,300,000, with an estimated 
first Federal cost of $23,500,000 and an estimated first non-Federal 
cost of $7,800,000. The project shall include flood protection meas-
ures along Small Unnamed Creek, as described in the Interim 
Report of the District Engineer, Rock Island, dated February 1979. 
Before the acquisition of land for, or the actual construction of, the 
project the Secretary shall study the probable effects of the project 
on existing recreational resources in the project area and, as part of 
the project, shall undertake such measures as he determines nec-
essary and appropriate to mitigate any adverse effects on such 
recreation resources. 
^ ,„. 
SOUTH QUINCY DRAINAGE AND LEVEE DISTRICT, ILLINOIS 
Wildlife. 
The project for flood control, South Quincy Drainage and Levee 
District, Illinois: Report of the Chief of Engineers, dated January 24, 
1984, at a total cost of $11,900,000, with an estimated first Federal 
cost of $8,900,000 and an estimated first non-Federal cost of 
$3,000,000. The Secretary shall, to the extent feasible, obtain borrow 
material from sites in the main channel of the Mississippi River and 
place fill material on the landward side of the existing levee in order 
to protect wildlife habitat. 
PUBLIC LAW 99-662—NOV. 17, 1986 
100 STAT. 4115 
NORTH BRANCH OF CHICAGO RIVER, ILLINOIS 
The project for flood protection for the North Branch of the 
Chicago River, Illinois: Report of the Chief of Engineers, dated 
October 29, 1984, at a total cost of $22,700,000, with an estimated 
first Federal cost of $15,000,000 and an estimated first non-Federal 
cost of $7,700,000. In recognition of the flood damage prevention 
benefits provided in the North Branch of the Chicago River, Illinois 
Basin, by the Techny Reservoirs constructed by non-Federal in-
terests on the West Fork of the North Branch of the Chicago River 
and by the Mid Fork Reservoir and the Mid Fork Pumping Station 
constructed by non-Federal interests on the Middle Fork of the 
North Branch of the Chicago River, the Secretary shall, subject to 
such amounts as are provided in appropriation Acts, reimburse non-
Federal interests for an amount equal to 50 percent of the costs of 
planning and construction of such reservoirs and pumping station. 
. ' O'HARE SYSTEM OF THE CHICAGOLAND U N D E R F L O W PLAN, ILLINOIS 
The project for flood control, O'Hare System of the Chicagoland 
Underflow Plan, Illinois: Report of the Chief of Engineers, dated 
June 3, 1985, at a total cost of $18,400,000, with an estimated first 
Federal cost of $14,800,000 and an estimated first non-Federal cost of 
$3,600,000, except that the capacity of the flood control reservoir 
shall be at least 1,050 acre-feet in order to provide optimum storage 
capacity for flood control purposes. 
UTTLE CALUMET RIVER, INDIANA 
>The project for flood control, Little Calumet River, Indiana: In 
accordance with plan 3A contained in the Report of the Chief of 
Engineers, dated July 2,1984, provided that all of the features of the 
plan 3A as recommended by and described in the report of the 
District Engineer are included, at a total cost of $87,100,000, with an 
estimated first Federal cost of $65,300,000 and an estimated first 
non-Federal cost of $21,800,000. 
LITTLE CALUMET RIVER BASIN (CADY MARSH DITCH), INDIANA 
The project for flood control. Little Calumet River Basin (Cady 
Marsh Ditch), Indiana, designated as Plan D as described in the 
Final Feasibility Report of the District Engineer, dated April 1984, 
at a total cost of $11,200,000, with an estimated first Federal cost of 
$6,600,000 and an estimated first non-Federal cost of $4,600,000. 
GREEN BAY LEVEE AND DRAINAGE DISTRICT NUMBER 2, IOWA 
The project for flood control, Mississippi River, Coon Rapids Dam 
to Ohio River, Green Bay Levee and Drainage District Number 2, 
Iowa: Report of the Chief of Engineers, dated October 21, 1981, 
except that borrow material for the project shall be obtained from 
the island source as recommended by the District Engineer, Rock 
Island District, in his report dated November 1978, and revised 
November 1979, at a total cost of $6,850,000, with an estimated first 
Federal cost of $5,140,000 and an estimated first non-Federal cost of 
$1,710,000. 
100 STAT. 4116 
PUBLIC LAW 99-662—NOV. 17, 1986 
PERRY CREEK, IOWA 
The project for flood control. Perry Creek, Iowa: Report of the 
Chief of Engineers, dated February 4, 1982, House Document Num-
bered 98-179, at a total cost of $44,600,000, with an estimated first 
Federal cost of $31,200,000 and an estimated first non-Federal cost of 
$13,400,000. 
a; 
DES MOINES RIVER BASIN, IOWA AND MINNESOTA 
The project for flood control, Des Moines River Basin, Iowa and 
Minnesota: Report of the Chief of Engineers, dated July 22, 1977, at 
a total cost of $15,200,000, with an estimated first Federal cost of 
$10,900,000 and an estimated first non-Federal cost of $4,300,000. 
The Secretary shall, in consultation with appropriate Federal, State, 
and local agencies, study the feasibility of minimizing increased 
flood stages along Jordon Creek in the vicinity of the Chicago, Rock 
Island and Pacific Railroad Bridge and the implementation of non-
structural and structural flood plain management techniques along 
the reach of Walnut Creek, including the improvement of channel 
capacity in the vicinity of Grand Avenue. In addition, the Secretary 
shall, in consultation with appropriate Federal, State, and local 
agencies, review the location of river access points and boat ramps. 
HALSTEAD, KANSAS 
Fish and fishing. 
The project for flood control, Halstead, Kansas: Report of the 
Wildlife. 
Chief of Engineers, dated May 8, 1979, at a total cost of $7,200,000, 
with an estimated first Federal cost of $5,400,000 and an estimated 
first non-Federal cost of $1,800,000, including the acquisition of such 
additional lands and access points as the Secretary determines to be 
necessary and appropriate to mitigate the adverse effects of the 
project on fish and wildlife habitat. The Secretary, in consultation 
with appropriate Federal, State, and local agencies, shall study the 
need for additional lands for mitigation of fish and wildlife losses 
caused by the project and the need for additional access points to the 
Little Arkansas River. Not later than one year after the date of 
enactment of this Act, the Secretary shall transmit to the Commit-
tee on Public Works and Transportation of the House of Representa-
tives and the Committee on Environment and Public Works of the 
Senate a report of such study. 
UPPER LITTLE ARKANSAS RIVER, KANSAS 
The project for flood control. Upper Little Arkansas River Water-
shed, Kansas: Report of the Chief of Engineers, dated December 18, 
1983, at a total cost of $12,400,000, with an estimated first Federal 
cost of $9,300,000 and an estimated first non-Federal cost of 
$3,100,000. 
ARKANSAS CITY, KANSAS 
mi-
The project for flood control, Arkansas City, Kansas: Report of the 
Chief of Engineers dated September 9, 1985, at a total cost of 
$14,500,000, with an estimated first Federal cost of $10,880,000 and 
an estimated first non-Federal cost of $3,620,000. 
PUBLIC LAW 99-662—NOV. 17, 1986 
100 STAT. 4117 
BUSHLEY BAYOU, LOUISIANA 
The project for flood control, Bushley Bayou, Louisiana: Reports of 
the Chief of Engineers, dated April 30, 1980, and August 12, 1982, at 
a total cost of $45,700,000, with an estimated first Federal cost of 
$32,800,000 and an estimated first non-Federal cost of $12,900,000. 
LOUISIANA STATE PENITENTIARY LEVEE 
The project for flood control, Louisiana State Penitentiary Levee, Fish and fishing. 
Mississippi River, Louisiana: Report of the Chief of Engineers, dated 
Wildlife. 
December 10, 1982, at a total cost of $23,400,000, with an estimated 
first Federal cost of $17,600,000 and an estimated first non-Federal 
cost of $5,800,000. No acquisition of land for or actual construction of 
the project may be commenced until appropriate non-Federal in-
terests shall agree to undertake measures to minimize the loss of 
fish and wildlife habitat lands in the project area. 
*
" 
QUINCY COASTAL STREAMS, MASSACHUSETTS 
The project for flood control, Quincy Coastal Streams, Massachu-
setts (Town Brook Interim): Reports of the Chief of Engineers, dated 
December 14, 1981 and December 13, 1984, at a total cost of 
$27,400,000, with an estimated first Federal cost of $20,600,000 and 
''"' "tj -^ ?w 
an estimated first non-Federal cost of $6,800,000. In appljdng section 
104 to such project, the Secretary shall consider work carried out by 
non-Federal interests after January 1, 1978, and before the date of 
the enactment of this Act that otherwise meets the requirements of 
such section. 
ROUGHANS POINT, MASSACHUSETTS 
' The project for flood control, Roughans Point, Revere, Massachu-
setts: Report of the Chief of Engineers, dated May 4, 1985, at a total 
cost of $9,200,000, with an estimated first Federal cost of $6,400,000 
and an estimated first non-Federal cost of $2,800,000. 
- j 
REDWOOD RIVER, MINNESOTA 
The project for flood control. Redwood River at Marshall, Min-
nesota: Report of the Chief of Engineers, dated November 16, 1981, 
at a total cost of $4,370,000, with an estimated first Federal cost of 
$3,100,000 and an estimated first non-Federal cost of $1,270,000. 
b 
ROOT RIVER BASIN, MINNESOTA 
The project for flood control. Root River Basin, Minnesota: Report 
of the Chief of Engineers, dated May 13, 1977, House Document 
Numbered 96-17, at a total cost of $8,360,000, with an estimated first 
Federal cost of $6,270,000 and an estimated first non-Federal cost of 
$2,090,000. 
SOUTH FORK ZUMBRO RIVER, MINNESOTA 
The project for flood control. South Fork Zumbro River Watershed 
at Rochester, Minnesota: Report of the Chief of Engineers, dated 
February 23, 1979, at a total cost of $61,500,000, with an estimated 
first Federal cost of $46,000,000 and an estimated first non-Federal 
cost of $15,500,000. 
100 STAT. 4118 
PUBLIC LAW 99-662—NOV. 17, 1986 
MISSISSIPPI RIVER AT ST. PAUL, MINNESOTA 
The project for flood control, Mississippi River at St. Paul, Min-
nesota: Report of the Chief of Engineers, dated June 16, 1983, at a 
total cost of $8,610,000, with an estimated first Federal cost of 
$6,460,000 and an estimated first non-Federal cost of $2,150,000. 
SOWASHEE CREEK, MERIDIAN, MISSISSIPPI 
x
j
r
i
i
^ i bnE it i 
The project for flood control, Sowashee Creek, Meridian, Mis-
/»' sissippi: Report of the Chief of Engineers, dated February 25, 1985, 
at a total cost of $17,500,000, with an estimated first Federal cost of 
$12,300,000 and an estimated first non-Federal cost of $5,200,000. 
MAUNE CREEK, MISSOURI 
The project for flood control, Maline Creek, Missouri: Report of 
the Chief of Engineers, dated November 2, 1982, at a total cost of 
$62,900,000, with an estimated first Federal cost of $43,700,000 and 
an estimated first non-Federal cost of $19,200,000. 
Fish and fishing. 
Wildlife. 
ST. JOHNS BAYOU AND NEW MADRID FLOODWAY, MISSOURI 
The project for flood control, St. Johns Bayou and New Madrid 
Floodway, Missouri: Report of the Chief of Engineers, dated Janu-
ary 4, 1983, at a total cost of $112,000,000, with an estimated first 
Federal cost of $78,500,000 and an estimated first non-Federal cost of 
$33,500,000, except that the land for mitigation of damages to fish 
and wildlife shall be acquired as soon as possible from available 
funds, including the Environmental Protection and Mitigation Fund 
established by section 908 of this Act, and except that lands acquired 
by the State of Missouri after January 1, 1982, for mitigation of 
damage to fish and wildlife within the Ten Mile Pond mitigation 
area shall be counted as part of the total quantity of mitigation 
lands required for the project and shall be maintained by such State 
for such purpose. 
STE. GENEVIEVE, MISSOURI 
The project for flood control, Ste. Genevieve, Missouri: Report of 
the Board of Engineers for Rivers and Harbors, dated April 16,1985, 
at a total cost of $34,400,000, with an estimated first Federal cost of 
$25,800,000 and an estimated first non-Federal cost of $8,600,000. 
Congress finds that, in view of the historic preservation benefits 
resulting from the project, the overall benefits of the project exceed 
the costs of the project. 
BRUSH CREEK AND TRIBUTARIES, MISSOURI AND KANSAS 
The project for flood control. Brush Creek and Tributaries, Mis-
souri and Kansas: Report of the Chief of Engineers, dated January 3, 
1983, at a total cost of $16,100,000, with an estimated first Federal 
cost of $12,100,000 and an estimated first non-Federal cost of 
$4,000,000. 
CAPE GIRARDEAU, MISSOURI 
The project for flood control. Cape Girardeau, Jackson Metropoli-
tan Area, Missouri: Report of the Chief of Engineers, dated Decem-
ber 8, 1984, at a total cost of $25,100,000, with an estimated first 
PUBLIC LAW 99-662—NOV. 17, 1986 
100 STAT. 4119 
Federal cost of $18,700,000 and an estimated first non-Federal cost of 
$6,400,000, except that the project shall include the nonstructural 
measures recommended in the Report of the Division Engineer, 
dated January 3,1983. 
PAPPILUON CREEK AND TRIBUTARIES LAKES, NEBRASKA 
The project for flood control, Pappillion Creek and Tributaries 
Lakes, Nebraska: Report of the Chief of Engineers, dated June 12, 
1986, at a total cost of $6,400,000, with an estimated first Federal 
cost of $4,800,000 and an estimated first non-Federal cost of 
$1,600,000. 
RAHWAY RIVER AND VAN WINKLES BROOK, NEW JERSEY 
The project for flood control, Rahway River and Van Winkles 
Brook at Springfield, New Jersey: Report of the Chief of Engineers, 
dated October 24,1975, House Document Numbered 96-20, at a total 
cost of $17,500,000, with an estimated first Federal cost of 
$12,500,000 and an estimated first non-Federal cost of $5,000,000. 
ROBINSON'S BRANCH—RAHWAY RIVER, NEW JERSEY 
The project for flood control, Robinson's Branch of the Rahway 
"J;--" ;
> 
j 
River at Clark, Scotch Plains, and Rahway, New Jersey: Report of 
-
> 
?,' 
the Chief of Engineers, dated October 10, 1975, House Document 
Numbered 96-21, at a total cost of $26,600,000, with an estimated 
first Federal cost of $20,000,000 and an estimated first non-Federal 
cost of $6,600,000. 
I 
GREEN BROOK SUB-BASIN, RARITAN RIVER BASIN, NEW JERSEY 
The project for flood control, Green Brook Sub-basin, Raritan 
River Basin, New Jersey: Report of the Chief of Engineers, dated 
September 4, 1981, at a total cost of $203,000,000, with an estimated 
first Federal cost of $151,000,000 and an estimated first non-Federal 
cost of $52,000,000. Such project shall include flood protection for 
the upper Green Brook Sub-basin and the Stony Brook tributary, as 
described in plan A in the report of the District Engineer, New York 
District, dated August 1980. 
MOLLY A N N ' S BROOK, N E W JERSEY 
The project for flood control, Molly Ann's Brook, New Jersey: 
Report of the Chief of Engineers dated December 31, 1985, at a total 
cost of $21,600,000, with an estimated first Federal cost of 
$16,200,000 and an estimated first non-Federal cost of $5,400,000. 
LOWER SADDLE RIVER, NEW JERSEY 
The project for flood control. Lower Saddle River, New Jersey: 
Fish and fishing. 
Report of the Chief of Engineers dated January 28, 1986, at a total 
cost of $36,500,000, with an estimated first Federal cost of 
$25,800,000 and an estimated first non-Federal cost of $10,700,000, 
including such modifications as the Secretary determines to be 
necessary and appropriate to improve aquatic habitat, including but 
not limited to the following instream habitat structures: pool-riffle 
areas, submerged scour holes, wing dam deflectors, and low-flow 
pilot channels. The instream habitat structures shall be carried out 
100 STAT. 4120 
PUBLIC LAW 99-662—NOV. 17, 1986 
on the Saddle River beginning at Grove Street in Ridgewood, New 
Jersey, and continuing downstream to the Passaic River, on Sprout 
Brook from the Garden State Parkway to the Saddle River, and on 
Hohokus Brook from Grove Street downstream to the Saddle River. 
A3J?! 
RAMAPO RIVER AT OAKLAND, NEW JERSEY '^^-'^^ 
The project for flood control, Ramapo River at Oakland, New 
Jersey: Report of the Chief of Engineers dated January 28,1986, at a 
total cost of $6,450,000, with an estimated first Federal cost of 
$4,840,000 and an estimated first non-Federal cost of $1,610,000. 
RAMAPO AND MAHWAH RIVERS, NEW JERSEY AND NEW YORK 
The project for flood control, Ramapo and Mahwah Rivers, New 
Jersey and New York: Report of the Chief of Engineers dated 
November 27, 1984, at a total cost of $6,260,000, with an estimated 
first Federal cost of $4,630,000 and an estimated first non-Federal 
cost of $1,630,000. 
-fZmm 
MIDDLE RIO GRANDE, NEW MEXICO ^^Tiao. 
Fish and fishing. 
The project for fiood control. Middle Rio Grande Flood Protection, 
Wildlife. 
Bernalillo to Belen, New Mexico: Report of the Chief of Engineers, 
dated June 23, 1981, at a total cost of $44,900,000, with an estimated 
first Federal cost of $33,700,000 and an estimated first non-Federal 
cost of $11,200,000. The Secretary is authorized also to increase flood 
protection through the dredging of the bed of the Rio Grande in the 
vicinity of Albuquerque, New Mexico, to an elevation lower than 
existed on the date of enactment of this Act. The project shall 
include the establishment of 75 acres of wetlands for fish and 
wildlife habitat and the acquisition of 200 acres of land for mitiga-
tion of fish and wildlife losses, as recommended by the District 
Engineer, Albuquerque District, in his report dated June 13, 1979. 
PUERCO RIVER AND TRIBUTARIES, NEW MEXICO 
The project for flood control, Puerco River and Tributaries, 
Gallup, New Mexico: Report of the Chief of Engineers, dated 
September 4, 1981, at a total cost of $4,190,000, with an estimated 
first Federal cost of $3,140,000 and an estimated first non-Federal 
cost of $1,050,000. 
CAZENOVIA 
CREEK, 
NEW YORK 
The project for flood control, Cazenovia Creek Watershed, New 
York: Report of the Chief of Engineers, dated September 8, 1977, 
House Document Numbered 96-126, at a total cost of $2,050,000, 
with an estimated first Federal cost of $1,540,000 and an estimated 
first non-Federal cost of $510,000. Such project shall include features 
necessary to enable the project to serve as a part of a streamside 
trail system if the Secretary determines such features are compat-
ible with the project purposes. Nothing in this paragraph affects the 
authority of the Secretary to carry out a project under section 205 of 
the Flood Control Act of 1948 (33 U.S.C. 701s). 
^mjfeu ban .lieII 
fiideli 
PUBLIC LAW 99-662—NOV. 17, 1986 
100 STAT. 4121 
MAMARONECK, SHELDRAKE, AND BYRAM RIVERS, NEW YORK AND 
CONNECTICUT 
The project for flood control, Mamaroneck and Sheldrake River 
t-' '^ 
Basins, New York and Connecticut, and B3rram River Basin, New 
York and Connecticut: Report of the Chief of Engineers, dated 
April 4, 1979, at a total cost of $68,500,000, with an estimated first 
Federal cost of $51,400,000 and an estimated first non-Federal cost of 
$17,100,000. Such project shall include flood protection for the town 
of Mamaroneck as recommended in the report of the Division 
Engineer, North Atlantic Division, dated March 28, 1978. 
SUGAR CREEK BASIN, NORTH CAROUNA AND SOUTH CAROUNA 
^ The project for flood control. Sugar Creek Basin, North Carolina 
and South Carolina: Report of the Chief of Engineers dated Feb-
ruary 1, 1985, at a total cost of $29,700,000, with an estimated first 
Federal cost of $19,500,000 and an estimated first non-Federal cost of 
$10,200,000. 
'^^" - 
SHEYENNE RIVER, NORTH DAKOTA 
The project for flood control, Sheyenne River, North Dakota: Dams. 
Report of the Chief of Engineers dated August 22, 1984, at a total 
cost of $56,300,000, with an estimated first Federal cost of 
$39,500,000 and an estimated first non-Federal cost of $16,800,000. 
Such project shall include a dam and reservoir of approximately 
35,000 acre-feet of storage for the purpose of flood protection on the 
Maple River. Modification of the Baldhill Dam for dam safety 
considerations shall not preclude the implementation of those 
project features not dependent on such safety modifications. 
, 
• 
PARK RIVER, GRAFTON, NORTH DAKOTA 
The project for flood control, Park River, Grafton, North Dakota: 
Report of the Chief of Engineers, dated April 17,1984, at a total cost 
of $19,100,000, with an estimated first Federal cost of $14,300,000 
and an estimated first non-Federal cost of $4,800,000. 
MUSKINGUM RIVER, KILLBUCK, OHIO 
The project for flood control, Muskingum River, Killbuck, Ohio: 
' '^'-^ 
Report of the Chief of Engineers, dated February 3, 1978, House 
Document Numbered 96-117, at a total cost of $6,420,000, with an 
estimated first Federal cost of $4,820,000 and an estimated first non-
Federal cost of $1,600,000. The Congress finds that the overall 
benefits of the project exceed the costs of the project. 
MUSKINGUM RIVER, MANSFIELD, OHIO 
The project for flood control, Muskingum River, Mansfield, Ohio: 
Report of the Chief of Engineers, dated February 3, 1978, House 
Document Numbered 96-117, at a total cost of $4,260,000, with an 
estimated first Federal cost of $2,960,000 and an estimated first non-
Federal cost of $1,300,000. Nothing in this paragraph affects the 
authority of the Secretary to carry out a project under section 205 of 
the Flood Control Act of 1948 (33 U.S.C. 701s). 
100 STAT. 4122 
PUBLIC LAW 99-662—NOV. 17, 1986 
Fish and fishing. 
Wildlife. 
HOCKING RIVER, LOGAN, OHIO 
The project for flood control, Hocking River at Logan, Ohio: 
Report of the Chief of Engineers, dated June 23, 1978, at a total cost 
of $7,760,000, with an estimated first Federal cost of $5,870,000 and 
an estimated first non-Federal cost of $1,890,000. The Secretary 
shall review potential sites for disposal of dredged material from the 
project and shall select such sites as he determines necessary and 
appropriate with a view toward minimizing adverse effects on fish 
and wildlife habitat areas. 
Fish and fishing. 
Wildlife. 
TflBCf 
HOCKING RIVER, NELSONVILLE, OHIO 
The project for flood control, Hocking River at Nelsonville, Ohio: 
Report of the Chief of Engineers, dated June 23, 1978, at a total cost 
of $8,020,000, with an estimated first Federal cost of $6,090,000 and 
an estimated first non-Federal cost of $1,930,000. The Secretary 
shall review potential sites for disposal of dredged material from the 
project and shall select such sites as he determines necessary and 
appropriate with a view toward minimizing adverse effects on fish 
and wildlife habitat areas. 
iBivJ i? 
SCIOTO RIVER, OHIO 
The project for flood control, Scioto River at North Chillicothe, 
Ohio: Reports of the Chief of Engineers, dated September 4, 1981 
and February 1, 1985, at a total cost of $10,700,000, with an esti-
mated first Federal cost of $8,080,000 and an estimated first non-
Federal cost of $2,620,000. 
JijJ3s/iiJLJJiV- UTTLE MIAMI RIVER, OHIO 
SOf" 
isSliJ•'&'": 
^3fp-
The project for flood control, Miami River, Little Miami River, 
Interim Report Number 2, West CarroUton-Holes Creek, Ohio: 
Report of the Chief of Engineers, dated December 23,1981, at a total 
cost of $8,910,000, with an estimated first Federal cost of $6,230,000 
and an estimated first non-Federal cost of $2,680,000. 
Fish and fishing. 
Wildlife. 
MIAMI RIVER, FAIRFIELD, OHIO 
The project for flood control, Miami River, Fairfield, Ohio: Report 
of the Chief of Engineers, dated June 22, 1983, at a total cost of 
$14,400,000, with an estimated first Federal cost of $9,400,000 and an 
estimated first non-Federal cost of $5,000,000. To the extent the 
Secretary, in consultation with appropriate Federal, State, and local 
agencies, determines necessary and appropriate, the project shall 
include additional measures for mitigation of losses of fish and 
wildlife habitat, including seeding and planting in disturbed areas, 
limiting removal of riparian vegetation to the minimum amount 
necessary for project objectives, performing work along the north 
streambank where construction is planned on only one side of the 
channel, limiting construction activities to the right streambank in 
the reach of Pleasant Run extending from mile 2.75 to mile 3.1*^ the 
use of gabions and riprap for bank protection in lieu of concrete and 
the inclusion of pool-riffle complexes at bridges. In applying section 
104 to such project, the Secretary shall consider work carried out oy 
non-Federal interests after July 1, 1979, and before the date of the 
PUBLIC LAW 99-662—NOV. 17, 1986 
100 STAT. 4123 
enactment of this Act that otherwise meets the requirements of 
such section. 
rq 
MINGO CREEK, OKLAHOMA 
The project for flood control, Mingo Creek, Tulsa, Oklahoma: 
Report of the Chief of Engineers, dated November 16,1981, at a total 
cost of $134,000,000, with an estimated first Federal cost of 
$94,000,000 and an estimated first non-Federal cost of $40,000,000. 
The project shall include measures determined appropriate by the 
Secretary, after consultation with the city of Tulsa, to minimize 
adverse effects associated with the use of flood water detention sites 
for the project. 
FRY CREEKS, OKLAHOMA 
The project for flood control. Fry Creeks, Oklahoma: Report of the 
Chief of Engineers, dated September 7, 1983, at a total cost of 
$13,200,000, with an estimated first Federal cost of $9,400,000 and an 
estimated first non-Federal cost of $3,800,000, except that the Sec-
retary shall acquire a total of 20 acres of land for mitigation of fish 
and wildlife losses and such lands, to the extent feasible, shall be 
contiguous and shall be in a corridor not less than 50 feet wide. 
HARRISBURG, PENNSYLVANIA 
The project for flood control, Harrisburg, Pennsylvania: Report of 
the Chief of Engineers, dated May 16, 1979, at a total cost of 
$133,000,000, with an estimated first Federal cost of $99,800,000 and 
an estimated first non-Federal cost of $33,200,000, including such (1) 
modifications as the Secretary determines to be feasible and appro-
priate to construct a floodway along Paxton Creek between Wild-
wood Lake and Maclay Street as an alternative to the recommended 
plan, and (2) additional measures as the Secretary determines to be 
necessary and appropriate to reduce fish and wildlife habitat losses 
in the project area. The Secretary shall study the feasibility of 
providing a floodway along Paxton Creek between Wildwood Lake 
and Maclay Street as an alternative to the recommended plan and 
shall reexamine fish and wildlife habitat mitigation measures rec-
ommended in the report of the Chief of Engineers. Not later than 
one year after the date of enactment of this Act, the Secretary shall 
transmit to the Committee on Public Works and Transportation of 
the House of Representatives and the Committee on Environment 
and Public Works of the Senate a report of such study and 
reexamination. 
LOCK HAVEN, PENNSYLVANIA 
The project for flood control. Lock Haven, Pennsylvania: Report of 
the Chief of Engineers, dated December 14, 1981, at a total cost of 
$82,200,000, with an estimated first Federal cost of $61,700,000 and 
an estimated first non-Federal cost of $20,500,000. The project shall 
be constructed to provide protection at least sufficient to prevent 
any future flood losses to the city of Lock Haven, Pennsylvania, 
from flooding equivalent to a level of flooding 50 percent greater 
than the level of flooding which occurred as a result of tropical 
storm Agnes in 1972. Notwithstanding section 104 of this Act, work 
carried out by non-Federal interests on such project after January 1, 
1973, and before the date of the enactment of this Act shall be taken 
into account in analyzing the costs and benefits of the project and 
,!ii—.^i'^C'.i CiCj-J i i ^ 
Fish and fishing. 
Wildlife. 
Fish and fishing. 
Wildlife. 
100 STAT. 4124 
PUBLIC LAW 99-662—NOV. 17, 1986 
42 use 1962-2. 
ar-in- ' 
rtivis? 
Fish and fishing. 
Wildlife. 
shall be credited against the non-Federal share of the cost of the 
project. 
SCHUYLKILL RIVER BASIN, POTTSTOWN, PENNSYLVANIA 
I. 
The project for flood control and other purposes for Pottstown and 
vicinity, Schuylkill River Basin, Pennsylvania: Report of the Chief 
of Engineers, dated March 7, 1974, House Document Numbered 93-
321, at a total cost of $5,540,000, with an estimated first Federal cost 
of $4,180,000 and an estimated first non-Federal cost of $1,360,000. 
The Congress hereby finds that the application of the provisions of 
section 209 of the Flood Control Act of 1970 result in the benefits 
from flood control measures authorized by this paragraph exceeding 
their economic costs. 
fV.J 
SAW MILL RUN, PENNSYLVANIA 
i'yi ,("«*" 
The project for flood control. Saw Mill Run, Pittsburgh, Penn-
sylvania: Report of the Chief of Engineers, dated January 30, 1978, 
House Document Numbered 96-25, at a total cost of $7,850,000, with 
an estimated first Federal cost of $5,890,000 and an estimated first 
non-Federal cost of $1,960,000. 
WYOMING VALLEY, PENNSYLVANIA 
The project for flood control, Wyoming Valley, Pennsylvania: 
Report of the Chief of Engineers, dated October 19, 1983, at a total 
cost of $241,000,000, with an estimated first Federal cost of 
$181,000,000 and an estimated first non-Federal cost of $60,000,000. 
NONCONNAH CREEK AND JOHNS CREEK, TENNESSEE AND MISSISSIPPI 
The project for flood control, Nonconnah Creek, Tennessee and 
Mississippi: Report of the Chief of Engineers, dated December 23, 
1982, at a total cost of $28,000,000, with an estimated first Federal 
cost of $19,500,000 and an estimated first non-Federal cost of 
$8,500,000. The improvements for Johns Creek and tributaries shall 
be included as a separate part of the project and shall be constructed 
by the United States Department of Agriculture Soil Conservation 
Service, at a total cost of $34,700,000, with an estimated first Federal 
cost of $26,000,000 and an estimated first non-Federal cost of 
$8,700,000, in accordance with the recommendations of the State 
Conservationist as contained in the report, Nonconnah Creek and 
Tributaries, Tennessee and Mississippi, dated September 1981. The 
project shall include an evaluation of fish and wildlife losses which 
may result from construction of the project and such additional 
measures as the Secretary deems necessary and appropriate to 
mitigate such losses. The Secretary shall adopt and implement 
guidelines in connection with clearing and snagging as the Sec-
retary determines necessary and appropriate to minimize adverse 
effects on fish and wildlife habitat. 
HORN LAKE CREEK AND TRIBUTARIES, TENNESSEE AND MISSISSIPPI 
Fish and fishing. The project for flood control, Horn Lake Creek and Tributaries, 
Wildlife. 
including Cow Pen Creek, Tennessee and Mississippi: Report of the 
Chief of Engineers, dated January 4, 1983, at a total cost of 
$3,890,000, with an estimated first Federal cost of $2,700,000 and an 
estimated first non-Federal cost of $1,190,000, including such addi-
PUBLIC LAW 99-662—NOV. 17, 1986 
100 STAT. 4125 
tional measures as the Secretary determines to be necessary and 
appropriate to mitigate the adverse effects of the project on fish and 
wildlife habitat. The Secretary shall (1) reexamine the adequacy and 
feasibility of the recommended measures for fish and wildlife habi-
tat, and (2) reexamine upland dredged disposal alternatives. Not 
later than one year after the date of enactment of this Act, the 
Secretary shall transmit to the Committee on Public Works and 
Transportation of the House of Representatives and the Committee 
on Environment and Public Works of the Senate a report of such 
reexamination. The Secretary shall also adopt and implement such 
guidelines in connection with channel clearing and drift removal for 
the project as the Secretary, in consultation with the Fish and 
Wildlife Service, determines are necessary and appropriate to mini-
mize adverse effects on fish and wildlife habitat. 
BOGGY CREEK, TEXAS 
The project for flood control. Boggy Creek, Austin, Texas: Report 
of the Chief of Engineers, dated January 19, 1981, and the Supple- 
Ai'imFi b
r
.
*
* ii& • 
mental Report of the Chief of Engineers, dated June 13, 1986, at a 
-M^bLW 
total cost of $24,000,000, with an estimated first Federal cost of 
$16,500,000 and an estimated first non-Federal cost of $7,500,000. In 
applying section 104 to such project, the Secretary shall consider 
work carried out by non-Federal interests after September 30, 1979, 
and before the date of the enactment of this Act that otherwise 
meets the requirements of such section. 
BUFFALO BAYOU AND TRIBUTARIES, TEXAS 
The project for flood control, Buffalo Bayou and Tributaries 
(Upper White Oak Bayou), Texas: Report of the Chief of Engineers, 
dated June 13, 1978, House Document Numbered 96-182, at a total 
cost of $92,100,000, with an estimated first Federal cost of 
$69,100,000 and an estimated first non-Federal cost of $23,000,000. 
LAKE WICHITA, HOLUDAY CREEK, TEXAS 
The project for flood control. Lake Wichita, Holliday Creek, Texas: 
Report of the Chief of Engineers, dated July 9,1979, at a total cost of 
$39,000,000, with an estimated first Federal cost of $27,300,000 and 
an estimated first non-Federal cost of $11,700,000. 
LOWER RIO GRANDE, TEXAS 
The project for flood control. Lower Rio Grande Basin, Texas: 
Report of the Chief of Engineers, dated February 13, 1986, at a total 
cost of $196,000,000, with an estimated first Federal cost of 
$137,000,000 and an estimated first non-Federal cost of $59,000,000. 
^ 
SIMS BAYOU, TEXAS 
The project for flood control, Sims Bayou, Texas: Report of the 
Chief of Engineers, dated April 17, 1984, at a total cost of 
$126,000,000, with an estimated first Federal cost of $94,700,000 and 
an estimated first non-Federal cost of $31,300,000. 
100 STAT. 4126 
PUBLIC LAW 99-662—NOV. 17, 1986 
JAMES RIVER BASIN, VIRGINIA 
The project for flood control, James River Basin, Richmond, Vir-
ginia: Report of the Chief of Engineers, dated November 16, 1981, at 
a total cost of $91,800,000, with an estimated first Federal cost of 
$68,900,000 and an estimated first non-Federal cost of $22,900,000. 
Such project shall include flood protection for the Richmond munici-
pal wastewater treatment facility, as recommended in the report of 
the District Engineer, Norfolk District, dated September 1980. 
ROANOKE RIVER UPPER BASIN, VIRGINIA 
The project for flood control, Roanoke River Upper Basin, Vir-
ginia: Report of the Chief of Engineers dated August 5, 1985, at a 
total cost of $21,000,000, with an estimated first Federal cost of 
$12,600,000 and an estimated first non-Federal cost of $8,400,000. 
YAKIMA-UNION GAP, WASHINGTON 
Fish and fishing. 
The project for flood control, Yakima-Union Gap, Washington: 
Wildlife. 
Report of the Chief of Engineers, dated May 7,1980, at a total cost of 
$8,760,000, with an estimated first Federal cost of $6,570,000 and an 
estimated first non-Federal cost of $2,190,000, including such addi-
tional measures as the Secretary determines to be necessary and 
appropriate to mitigate the adverse effects of the project on fish and 
wildlife habitat. The Secretary, in consultation with appropriate 
Federal, State, and local agencies, shall review the probable effects 
of the project on fish and wildlife resources and the feasibility of 
including recreation as a project purpose. Not later than one year 
after the date of enactment of this Act, the Secretary shall transmit 
to the Committee on Public Works and Transportation of the House 
of Representatives and the Committee on Environment and Public 
Works of the Senate a report of such review. 
CHEHALIS RIVER, W A S H I N G T O N 
- '' 
•
« . ^ • 
." 
The project for flood control, Chehalis River at South Aberdeen 
and Cosmopolis, Washington: Report of the Chief of Engineers, 
dated February 8, 1977, House Document Numbered 96-27, at a 
total cost of $22,400,000, with an estimated first Federal cost of 
$16,800,000 and an estimated first non-Federal cost of $5,600,000. 
Before beginning the actual construction of the project, the Sec-
retary shall perform additional studies relating to foundation mate-
rials in the project area and with regard to dredged spoil disposal 
sites and make such modifications as the Secretary determines 
appropriate. 
^.^^ rv'im^' ^ii'V 
CENTRAUA, WASHINGTON 
The project for flood control, Centralia-Chehalis Flood Damage 
Reduction Study, Chehalis River and Tributaries, Washington: 
Report of the Chief of Engineers, dated June 20, 1984, at a total cost 
of $19,900,000, with an estimated first Federal cost of $15,000,000 
and an estimated first non-Federal cost of $4,900,000. 
ISLAND CREEK BASIN, WEST VIRGINIA 
* 
' ' .^ 
The project for flood control. Island Creek Basin, in and 
round 
Logan, West Virginia: Report of the Chief of Engineers dated 
PUBLIC LAW 99-662—NOV. 17, 1986 
100 STAT. 4127 
April 25, 1986, at a total cost of $86,000,000, with an estimated first 
Federal cost of $62,200,000 and an estimated first non-Federal cost of 
$23,800,000. 
PORTAGE, WISCONSIN 
The project for flood control, Wisconsin River at Portage, Wiscon-
sin: Report of the Chief of Engineers, dated May 20, 1985, at a total 
cost of $7,590,000, with an estimated first Federal cost of $5,660,000 
and an estimated first non-Federal cost of $1,930,000. 
AGANA RIVER, GUAM 
The project for flood control, Agana River, Guam: Report of the 
Chief of Engineers, dated March 14, 1977, House Document Num-
bered 96-16, at a total cost of $4,880,000, with an estimated first 
Federal cost of $3,860,000 and an estimated first non-Federal cost of 
$1,020,000. 
'' 
RIO PUERTO NUEVO, PUERTO RICO 
The project for flood control, Rio Puerto Nuevo, Puerto Rico: 
Report of the Chief of Engineers, dated April 25,1986, at a total cost 
of $234,000,000, with an estimated first Federal cost of $151,000,000 
and an estimated first non-Federal cost of $83,000,000. 
01)) AUTHORIZATION OF CONSTRUCTION SUBJECT TO FAVORABLE 
REPORT.—The following projects are authorized to be prosecuted by 
the Secretary substantially in accordance with the plans and subject 
to the conditions recommended in the respective reports cited, with 
such modifications as are recommended by the Chief of Engineers 
and approved by the Secretary, and with such other modifications as 
^re recommended by the Secretary. If no report is cited for a project, 
the project is authorized to be prosecuted by the Secretary in 
accordance with a final report of the Chief of Engineers, and with 
such other modifications as are recommended by the Secretary, and 
no construction on such project may be initiated until such a report 
is issued and approved by the Secretary. 
GUADALUPE RIVER, SAN JOSE, CALIFORNIA 
Local flood control protection measures along the Guadalupe 
River in the vicinity of San Jose, California: Report of the Board of 
Engineers for Rivers and Harbors, dated June 29, 1986, at a total 
cost of $32,600,000, with an estimated first Federal cost of 
$22,800,000 and an estimated first non-Federal cost of $9,800,000. 
MEREDOSIA, ILUNOIS 
Flood control works for the protection of Meredosia, Illinois, at a 
total cost of $80,000, with a Federal cost of $60,000 and a non-
Federal cost of $20,000. Such project shall be carried out under 
section 205 of the Flood Control Act of 1948. Such project shall 
33 USC 70ls. 
include, but not be limited to, a levee which is approximately one-
fifth of a mile long. For purposes of analyzing the costs and benefits 
of any project recommended by the Secretary as a result of any 
study on the Illinois River, authorized by resolution of the 
Committee on Environment and Public Works of the Senate or the 
Committee on Public Works and Transportation of the House of 
Representatives, the Secretary shall take into account the costs and 
benefits of any measures undertaken by the Secretary pursuant to 
100 STAT. 4128 
PUBLIC LAW 99-662—NOV. 17, 1986 
this paragraph in the interest of preventing flood damages along the 
Illinois River in the vicinity of Meredosia, Illinois. 
MUSCATINE ISLAND, IOWA 
Fish and fishing. The project for flood control, Muscatine Island Levee District and 
Wildlife. 
Muscatine-Louisa County Drainage District No. 13, Iowa: Report of 
the Chief of Engineers, dated July 22, 1977, at a total cost of 
$14,400,000, with an estimated first Federal cost of $10,500,000 and 
an estimated first non-Federal cost of $3,900,000, including such 
modifications as the Secretary determines to be necessary and 
appropriate to minimize adverse effects of the project on Spring 
Lake and on fish and wildlife habitat. The Secretary shall reexam-
ine the drainage system recommended in the report of the Chief of 
Engineers and the feasibility of obtaining material for the levee 
from upland rather than aquatic sources in order to minimize 
adverse effects on fish and wildlife habitat. Not later than one year 
after the date of enactment of this Act, the Secretary shall transmit 
to the Committee on Public Works and Transportation of the House 
of Representatives and the Committee on Environment and Public 
Works of the Senate a report of such reexamination. 
PEARL RIVER BASIN, ST. TAMMANY PARISH, LOUISIANA 
Structural and nonstructural measures to prevent flood damage 
to communities in the Pearl River Basin, St. Tammany Parish, 
Louisiana, at a total cost of $33,300,000, with an estimated first 
Federal cost of $25,000,000 and an estimated first non-Federal cost of 
$8,300,000. For purposes of analyzing the costs and benefits of any 
project recommended by the Secretary as a result of the study 
entitled Pearl River Basin, Mississippi and Louisiana, the Secretary 
shall take into account the costs and benefits of measures under-
taken pursuant to this paragraph. 
WEST BANK HURRICANE PROTECTION LEVEE, JEFFERSON PARISH, 
LOUISIANA 
Structural and nonstructural measures to prevent flood damage 
to those areEus identified in the February 1984 draft environmental 
impact statement for the West Bank Hurricane Protection Levee, 
Jefferson Parish, Louisiana, at a total cost of $61,500,000, with an 
estimated first Federal cost of $40,000,000 and an estimated firs 
non-Federal cost of $21,500,000. Funds provided by non-Federa 
interests for interim hurricane protection may be considered bene-
ficial expenditures and may be credited as part of the non-Federa 
contribution of the project pursuant to section 104 of this Act. 
^
x .•? t, • 
JAMES RIVER, SOUTH DAKOTA 
grot 03V f 
A project consisting of channel restoration and improvements on 
the James River in South Dakota, which may include consideration 
of offstream storage, small impoundments on tributaries, and other 
features identified by the Secretary to alleviate flood damage and to 
regulate flows on such river, at a total cost of $20,000,000, with an 
estimated first Federal cost of $15,000,000 and an estimated first 
non-Federal cost of $5,000,000. The Secretary is authorized to 
participate with appropriate non-Federal sponsors in the project to 
demonstrate, on an expedited basis, the feasibility of non-Federa. 
PUBLIC LAW 99-662—NOV. 17, 1986 
100 STAT. 4129 
cost sharing for rural flood protection under the provisions of 
section 916 and title I of this Act and section 134 of the Water 
Resources Development Act of 1976. The Secretary shall report to 
90 Stat. 2928. 
Congress no later than September 30, 1989, on the extent to which 
additional features may be required to alleviate flood damage and 
regulate flows on such river. 
(c) PRE-CONSTRUCTION AUTHORIZATION.—The Secretary is 
au-
thorized to carry out planning, engineering, and design for the 
following projects: 
GOLD GULCH, SANTA CRUZ COUNTY, CALIFORNIA 
Flood damage prevention in the community of Gold Gulch, near 
Felton, Santa Cruz County, California, at a total cost of $800,000. 
CALLEGUAS CREEK, CALIFORNIA 
Flood control works along the lower portion of Calleguas Creek, 
Conejo Creek to the Pacific Ocean, California, at a total cost of 
$2,000,000. 
COYOTE CREEK, CAUFORNIA 
A project for local flood control protection measures along the 
lower portion of Coyote Creek adjacent to and in the vicinity of 
Alviso, California, at a total cost of $750,000. 
LOUISVILLE, KENTUCKY 
Measures to correct flooding problems in the south end of Louis-
ville, Kentucky, within an area bounded by New Cut Road west to 
the city limits and Palatka Road south to the city limits, at a total 
cost of $300,000. The Secretary is authorized to provide technical 
assistance to the city of Louisville, Kentucky, to assist such city in 
the correction of flooding caused by drainage problems in such city. 
LOUISIANA 
A project to provide a level of protection sufficient to prevent 
recurring flood damages along the following rivers, at a total cost of 
$10,000,000: 
(1) Amite River, Louisiana; 
(2) Comite River, Louisiana; 
, 
(3) Tangipahoa River, Louisiana; 
lo fe (4) Tchefuncte River, Louisiana; 
(5) Tickfaw River, Louisiana; 
$ 
(6) Bogue Chitto River, Louisiana; and 
3-1 i 
(7) Natalbany River, Louisiana; 
BAYOU RIGOLETTE, LOUISIANA 
A project to construct six additional floodgates at Bayou Rigolette, 
Louisiana, adjacent to the existing drainage structure, at a total cost 
of $2,300,000. 
BROCKTON, MASSACHUSETTS 
Flood control works for the protection of Brockton, Massachusetts, 
at a total cost of $1,500,000. The plans for such project shall include, 
but not be limited to, improvements to ponds in the D. W. Field Park 
area and the existing Brockton-Avon Reservoir to provide additional 
100 STAT. 4130 
PUBLIC LAW 99-662—NOV. 17, 1986 
storage, improvements to the drainage system under E. B. Keith 
Field, new culverts, improvements to miscellaneous bridges and 
SSt;;: JB# oe utilities, and such other downstream improvements as the Secretary 
deems necessary. 
LAS VEGAS VALLEY AND TRIBUTARIES AREA, NEVADA 
A comprehensive project for flood control in the Las Vegas Valley 
and tributaries area, Nevada, at a total cost of $2,000,000. 
MANALAPAN TOWNSHIP, NEW JERSEY a,jt.,; 
Local flood protection measures, including such channel widening 
and deepening and environmental measures as the Secretary and 
the Governor of the State of New Jersey may agree, to prevent flood 
damage to the residents of the Pine Brook section of Manalapan 
Township, New Jersey, substantially in accordance with the report 
of the Division Engineer, North Atlantic Division, entitled "Ex-
panded Reconnaissance Report for Flood Control on Pine Brook, 
New Jersey, Manalapan, New Jersey", dated September 8,1977, at a 
total cost of $400,000. 
PASSAIC RIVER BASIN, NEW JERSEY 
" * 
A project for flood damage protection and allied purposes in the 
Passaic River Basin, New Jersey and New York, at a total cost of 
$3,750,000, consisting of the following: 
(1) Upper Rockaway River Basin, New Jersey, at a total cost 
of $2,750,000. 
(2) Nakoma Brook Sloatsburg, New York, at a total cost of 
$500,000. 
(3) The project for flood protection in the Third River, Passaic 
• Basin, New Jersey, at a total cost of $500,000. 
MALHAUER AND HARNEY LAKES, OREGON 
Structural and nonstructural measures to prevent flood damage 
resulting from rising lake levels at Malhauer and Harney Lakes, 
Oregon, at a total cost of $3,370,000. 
MILTON, PENNSYLVANIA 
A flood control project at Milton, Pennsylvania, at a total cost of 
$2,500,000. 
(d) SECTION 205 PROJECTS.—The Secretary is authorized and di-
rected to carry out the following projects under section 205 of the 
Flood Control Act of 1948 (33 U.S.C. 701s): 
SAN FRANCISCO RIVER AT CUFTON, ARIZONA 
A project for flood control on the San Francisco River at Clifton, 
Arizona, for the purpose of protecting residential and commercial 
properties on the east side of the river downstream of the State 
Highway 666 Bridge, at a total cost of $8,000,000, with an estimated 
first Federal cost of $4,500,000 and an estimated first non-Federal 
cost of $3,500,000. Such work shall be considered to complete all 
studies and proposals of the Secretary for such area. 
PUBLIC LAW 99-662—NOV. 17, 1986 
100 STAT. 4131 
MISSION ZANJA CREEK, REDLANDS, CAUFORNIA 
i f 
-^S-
Subject to section 903(a) of this Act, a project for flood control 
works along Mission Zanja Creek within the city of Redlands, 
California, in accordance with the plan developed by the District 
Engineer based on studies pursuant to section 205 of the Flood 
Control Act of 1948, at a total cost of $10,400,000, with an estimated 
33 USC 70ls. 
first Federal cost of $4,500,000 and an estimated first non-Federal 
cost of $5,900,000. 
^ 
SALT AND EEL RIVERS, CAUFORNIA 
Subject to section 903(a) of this Act, such measures, including silt 
removal and channel modification, in the vicinity of the confluence 
of the Salt and Eel Rivers, California, as the Secretary determines 
necessary to prevent recurring floods along the Eel River and its 
tributaries, at a total cost of $800,000, with an estimated first 
Federal cost of $600,000 and an estimated first non-Federal cost of 
$200,000. 
MONROE AND WEST MONROE, LOUISIANA, AND OUACHITA PARISH, 
LOUISIANA 
Subject to section 903(a) of this Act, such structural and non-
structural measures as he deems feasible to prevent flood damage to 
the cities of Monroe and West Monroe, Louisiana, and Ouachita 
Parish, Louisiana. For purposes of analyzing the costs and benefits 
of any project recommended by the Secretary as a result of the study 
entitled Monroe-West Monroe Interim Study of the Ouachita Basin 
Study, Ouachita River Basin, Arkansas and Louisiana, the Sec-
retary shall take into account the costs and benefits of measures 
undertaken pursuant to this subsection. 
NOYES, MINNESOTA 
Subject to section 903(a) of this Act, the purchase of such land 
along Highway 75 in Minnesota as may be required for the construc-
tion of the International Levee segment of the Emerson, Manitoba 
flood control project and the upgrading of existing flood control 
levees in the vicinity of Noyes, Minnesota, at a total cost of $250,000. 
The Secretary is authorized to accept funds from a project cosponsor 
in connection with construction of such project and to include as 
part of the Federal share of project costs those costs which the 
Secretary determines are attributable to protection of Federal 
property, 
t 
(e) ADDITIONAL AUTHORIZED PROJECTS.— 
(1) SALYERSVILLE, KENTUCKY.—Subject to section 903(a) of this 
' 
Act, the Secretary is authorized and directed to design and 
construct such flood control measures at or in the vicinity of 
Salyersville, Kentucky, on Licking River as the Secretary deter-
J 
mines necessary and appropriate to afford 
the city of 
^ 
Salyersville, Kentucky, and its immediate environs a level of 
protection against flooding at least sufficient to prevent any 
f 
future losses to such city from the likelihood of flooding such as 
* 
occurred in December 1978, at a total cost of $7,000,000, with an 
* 
estimated first Federal cost of $5,250,000 and an estimated non-
^ 
Federal cost of $1,750,000. With respect to such project. Con-
gress finds that the benefits determined in accordance with 
100 STAT. 4132 
PUBLIC LAW 99-662—NOV. 17, 1986 
42 use 1962-2. 
section 209 of the Flood Control Act of 1970 and attributable to 
the flood measures authorized for such project exceed the cost of 
such mecisures. 
(2) POPLAR BROOK, NEW JERSEY.—Subject to section 903(a) of 
this Act, the Secretary is authorized to construct a project for 
flood control for Poplar Brook, New Jersey, including re-
.; Hvnaj 1
? 
construction of the brook through the Borough of Deal, New 
Jersey, to accommodate the runoff from a storm having an 
average frequency of occurrence of once every 15 years, replace-
ment of the culvert through the Conrail railroad embankment 
with a new culvert designed to pass a maximum flow equivalent 
to the peak flow from a storm having an average frequency of 
occurrence of once every 15 years, use of the area upstream of 
the embankment as an on-stream detention basin, and gabion 
or other lining as determined appropriate by the Secretary, at a 
total cost of $2,300,000, with an estimated first Federal cost of 
$1,725,000 and an estimated first non-Federal cost of $575,000. 
(3) PEARL RIVER BASIN, INCLUDING SHOCCOE, MISSISSIPPI.—The 
Secretary is authorized to construct a project for the purpose of 
providing flood control for the Pearl River Basin in Mississippi, 
including, but not limited to, Carthage, Jackson, Monticello, 
and Columbia, Mississippi, consisting of— 
„^ 
(A) the project for flood control. Pearl River Basin, Mis-
sissippi: Report of the Chief of Engineers, dated March 17, 
1986, at a total cost of $80,100,000, with an estimated first 
Federal cost of $56,070,000 and an estimated first non-
Federal cost of $24,030,000; and 
(B) for the purpose of providing flood control for the 
upstream areas of the Pearl River Basin in Mississippi— 
i S
T i
r
f
<
i * 
^
^
^ ^ combination roadway crossing of the Pearl River 
u
r
f
<
5 4.; t ^^j floodwater detention and storage facility in east 
central Leake County, Mississippi; 
(ii) a levee system in the south part of Carthage, 
Mississippi, which will upgrade, extend, and improve 
1, »
;
^
f „•, . V the protective levee system on the south side of High-
way 16 in Leake County and the city of Carthage; 
(iii) appropriate drainage structure and bridge modi-
fications to expand and improve the stormwater con-
duits under Mississippi Highway 35, south of Carthage, 
Mississippi, for the purposes of reducing backwater 
influence for areas upstream of such highway; 
(iv) upstream reservoirs on the Pearl River; 
(v) such other structures as may be necessary to 
alleviate unforeseen flooding in the Leake County area 
as a result of the construction of the Shoccoe Dry Dam; 
mdi I© v
v 
and 
^ 
(vi) channel improvements on the upstream Pearl 
River. 
• 
For purposes of analyzing the costs and benefits of those por-
"!,) 
tions of the project described in subparagraph (B), the Secretary 
shall take into account the costs and benefits of that portion of 
the project described in subparagraph (A). 
(4) GREAT SALT LAKE, UTAH.—Subject to section 903(a) of this 
Act, the Secretary is authorized to construct the Newfoundland 
and Bonneville Dikes located along the west side of the Great 
Salt Lake, Utah, at a total cost of $7,500,000, with an estimated 
; .,v first Federal cost of $5,250,000 and an estimated first non-
PUBLIC LAW 99-662—NOV. 17, 1986 
100 STAT. 4133 
Federal cost of $1,750,000. The non-Federal share of the cost of 
the project authorized by this section shall be 25 percent. 
(5) TARRANT COUNTY, TEXAS.—The Secretary is authorized and 
directed to develop detailed plans and specifications and to 
construct measures in Tarrant County, Texas, to eliminate flood 
. 
damage in the historical stockyards along Tony's Creek and 
Marine Creek, at a total cost of $20,000,000, with an estimated 
first Federal cost of $15,000,000 and an estimated first non-
Federal cost of $5,000,000. The non-Federal share of the cost of 
the project authorized by this section shall be 25 percent. 
SEC. 402. COMPLIANCE WITH FLOOD PLAIN MANAGEMENT AND INSUR-
ANCE PROGRAMS. 
Before construction of any project for local flood protection, the 
non-Federal interests shall agree to participate in and comply with 
applicable Federal flood plain management and flood insurance 
programs. 
SEC. 403. GROUNDWATER INDUCED DAMAGES. 
Section 2 of the Act entitled "An Act authorizing the construction 
of certain public works on rivers and harbors for flood control, and 
for other purposes", approved December 22, 1944 (58 Stat. 889; 33 
U.S.C. 701a-l), is amended by inserting after "drainage improve-
ments" the following: "and flood prevention improvements for 
protection from groundwater-induced damages". 
TITLE V—SHORELINE PROTECTION 
,: 
ts 
SEC. 501. AUTHORIZATION OF PROJECTS. 
(a) AUTHORIZATION OF CONSTRUCTION.—The following works of 
improvement for the benefit of shoreline protection are adopted and 
authorized to be prosecuted by the Secretary substantially in accord-
ance with the plans and subject to the conditions recommended in 
the respective reports designated in this subsection, except as other-
wise provided in this subsection. Construction of the projects au-
thorized in this title shall be subject to determinations of the 
Secretary, after consultation with the Secretary of the Interior, that 
the construction will be in compliance with the Coastal Barrier 
Resources Act (Public Law 97-348). 
PANAMA CITY BEACHES, FLORIDA 
The project for shoreline protection, Panama City Beaches, Flor-
ida: Report of the Chief of Engineers, dated July 8, 1977, House 
Document Numbered 96-65, at a total cost of $48,500,000, with an 
estimated first Federal cost of $22,800,000 and an estimated first 
non-Federal cost of $25,700,000. 
33 use 701b-12. 
Reports. 
16 u s e 3501 
note. 
ST. JOHNS COUNTY, FLORIDA 
The project for shoreline protection, St. Johns County, Florida: Wildlife. 
Report of the Chief of Engineers, dated February 26, 1980, at a total 
cost of $18,200,000, with an estimated first Federal cost of 
$11,100,000 and an estimated first non-Federal cost of $7,100,000. To 
the maximum extent feasible, the Secretary shall construct such 
project so as to avoid adverse effects on sea turtle nesting. 
100 STAT. 4134 
PUBLIC LAW 99-662—NOV. 17, 1986 
CHARLOTTE COUNTY, FLORIDA 
The project for shoreline protection, Charlotte County, Florida: 
Report of the Chief of Engineers, dated April 2, 1982, at a total cost 
of $3,950,000, with an estimated first Federal cost of $2,220,000 and 
an estimated first non-Federal cost of $1,730,000. To the maximum 
extent feasible, the Secretary shall construct such project so as to 
minimize the harm to marine borrow areas and reefs. 
''^ * 
INDIAN RIVER COUNTY, FLORIDA 
" 
^ 
> 
Wildlife. j
»
T f K
K 
The project for shoreline protection, Indian River County, Florida: 
Report of the Chief of Engineers, dated December 21, 1981, House 
Document Numbered 98-154, at a total cost of $11,100,000, with an 
estimated first Federal cost of $6,800,000 and an estimated first non-
Federal cost of $4,300,000. To the maximum extent feasible, the 
Secretary shall construct such project so as to avoid adverse effects 
on sea turtle nesting. 
DADE COUNTY, FLORIDA 
'
^ ' ' ^ v - 
jt 
/ 
The project for shoreline protection, Dade County, north of 
Haulover Beach Park, Florida: Report of the Chief of Engineers, 
dated December 27, 1983, at a total cost of $21,600,000, with an 
estimated first Federal cost of $12,000,000 and an estimated first 
non-Federal cost of $9,600,000. To the maximum extent feasible, the 
Secretary shall construct the project so as to minimize adverse 
effects on coral reefs. 
?:h':-aiaH 
MONROE COUNTY, FLORIDA 
The project for shoreline protection, Monroe County, Florida: 
Report of the Chief of Engineers, dated April 22, 1984, at a total cost 
of $7,420,000, with an estimated first Federal cost of $4,150,000 and 
an estimated first non-Federal cost of $3,270,000, including such 
modifications as the Secretary determines to be necessary and 
appropriate to minimize the adverse effects of construction, oper-
ation, and maintenance of the project (other than the portion of the 
project consisting of Smathers Beach) on the seagrass community in 
Il3fi J3IJ 
the project area. The Secretary, in consultation with appropriate 
Federal, State, and local agencies, shall study the effects that 
construction, operation, and maintenance of the proposed project 
(other than the portion of the project consisting of Smathers Beach) 
may have on the seagrass community in the project area. Not later 
than one year after the date of enactment of this Act, the Secretary 
shall transmit to the Committee on Public Works and Transpor-
tation of the House of Representatives and the Committee on 
Environment and Public Works of the Senate a report on the results 
of such study. 
SARASOTA COUNTY, FLORIDA 
The project for shoreline protection, Sarasota County Florida: 
Report of the Chief of Engineers, dated February 28, 1986, at a total 
cost of $30,100,000, with an estimated first Federal cost of 
$17,400,000 and an estimated first non-Federal cost of $12,700,000. 
PUBLIC LAW 99-662—NOV. 17, 1986 
100 STAT. 4135 
f, , -
^ 
,,. , 
CASINO BEACH, CHICAGO, ILUNOIS 
The project for shoreline protection, Interim II, Casino Beach, 
Chicago, Illinois: Report of the Chief of Engineers, dated Septem-
ber 26, 1984, at a total cost of $5,480,000, with an estimated first 
Federal cost of $2,880,000 and an estimated first non-Federal cost of 
$2,600,000. 
INDIANA SHOREUNE, INDIANA 
The project for shoreline protection, Indiana Shoreline Erosion, 
Indiana: Report of the Chief of Engineers, dated November 18, 1983, 
at a total cost of $20,000,000, with an estimated first Federal cost of 
$15,000,000 and an estimated first non-Federal cost of $5,000,000. 
f 
ATLANTIC COAST OF MARYLAND (OCEAN CITY) 
Virginia. 
The project for shoreline protection, Atlantic Coast of Maryland 
and Assateague Island, Virginia: Report of the Chief of Engineers, 
dated September 29, 1981, at a total cost of $58,200,000, with an 
estimated first Federal cost of $26,700,000 and an estimated first 
non-Federal cost of $31,500,000. 
ROCKAWAY INLET TO NORTON POINT, NEW YORK 
The project for shoreline protection, Atlantic Coast of New York 
City from Rockaway Inlet to Norton Point: Report of the Chief of 
Engineers, dated August 18, 1976, House Document Numbered 96-
23, including beach fill up to 250 feet beyond the historical shoreline 
as described in the report of the District Engineer, New York 
District, dated August 1973, at a total cost of $22,500,000, with an 
estimated first Federal cost of $11,900,000 and an estimated first 
non-Feder£il cost of $10,600,000. The non-Federal share of the cost of 
construction and nourishment of the additional beach fill shall be 50 
percent. 
HEREFORD INLET TO CAPE MAY CANAL, DELAWARE BAY, NEW JERSEY 
The projects for beach erosion control, navigation, and storm 
protection, Hereford Inlet to Cape May Canal, Delaware Bay, New 
Jersey: Report of the Chief of Engineers, dated September 30, 1975, 
House Document Numbered 94-641, at a total cost of $177,000,000, 
with an estimated first Federal cost of $104,000,000 and an estimated 
first non-Federal cost of $73,000,000. The beach erosion, navigation, 
and storm protection features of the project may be constructed 
separately or in combination with any other features of the project. 
WRIGHTSVILLE BEACH, NORTH CAROUNA 
The project for shore and hurricane wave protection, Wrightsville 
Beach, North Carolina: Report of the Chief of Engineers, dated 
December 19, 1983, at a total cost of $9,120,000, with a Federal cost 
of $5,470,000 and a non-Federal cost of $3,650,000, including periodic 
beach nourishment of Figure Eight Islsmd. 
MAUMEE BAY, LAKE ERIE, OHIO 
The project for shoreline protection for the southeast shore of 
Maumee Bay State Park, Ohio: Report of the Chief of Engineers, 
dated July 9, 1984, at a total cost of $15,900,000, with an estimated 
100 STAT. 4136 
PUBLIC LAW 99-662—NOV. 17, 1986 
first Federal cost of $7,950,000 and an estimated first non-Federal 
cost of $7,950,000. 
PRESQUE ISLE PENINSULA, ERIE, PENNSYLVANIA 
The project for shoreline protection, Presque Isle Peninsula, Erie, 
Pennsylvania: Report of the Chief of Engineers, dated October 2, 
1981, at a total cost of $34,800,000, with an estimated first Federal 
cost of $18,900,000 and an estimated first non-Federal cost of 
$15,900,000. 
FOLLY BEACH, SOUTH CAROUNA 
The project for shoreline protection. Folly Beach, South Carolina: 
Report of the Chief of Engineers, dated March 17, 1981, at a total 
' •" ' 
cost of $7,040,000, with an estimated first Federal cost of $3,870,000 
and an estimated first non-Federal cost of $3,170,000. 
WILLOUGHBY SPIT, VIRGINIA 
The project for shoreline protection, Willoughby Spit and Vicinity, 
Norfolk, Virginia: Report of the Chief of Engineers, dated April 17, 
1984, at a total cost of $5,690,000, with an estimated first Federal 
cost of $4,250,000 and an estimated first non-Federal cost of 
$1,440,000. 
VIRGINIA BEACH, VIRGINIA 
The project for beach erosion control and hurricane protection, 
Virginia Beach, Virginia: Report of the Chief of Engineers, dated 
May 22, 1985, at a total cost of $42,400,000, with an estimated first 
Federal cost of $27,600,000 and an estimated first non-Federal cost of 
$14,800,000. 
(b) 
AUTHORIZATION OF CONSTRUCTION SUBJECT TO FAVORABLE 
REPORT.—The following projects are authorized to be prosecuted by 
the Secretary substantially in accordance with the plans and subject 
to the conditions recommended in the respective reports cited, with 
such modifications as are recommended by the Chief of Engineers 
and approved by the Secretary, and with such other modifications as 
are recommended by the Secretary. If no report is cited for a project, 
the project is authorized to be prosecuted by the Secretary in 
accordance with a final report of the Chief of Engineers, and with 
such modifications as are recommended by the Secretary, and no 
construction on such project may be initiated until such a report is 
issued and approved by the Secretary. 
PINELLAS COUNTY, FLORIDA 
The project for beach erosion control for Pinellas County, Florida: 
Report of the Board of Engineers for Rivers and Harbors, dated 
April 23, 1985, at a total cost of $52,600,000, with an estimated first 
Federal cost of $32,700,000 and an estimated first non-Federal cost of 
$19,900,000. 
. . . . . _ . , . . , „ 
ILLINOIS BEACH STATE PARK, ILUNOIS 
The project for shoreline protection, Illinois Beach State Park, 
Illinois described as alternative 3A in Interim Report 1, Illinois-
Wisconsin Stateline to Waukegan of the District Engineer, Chicago 
District, dated June 1982, at a total cost of $13,400,000, with an 
PUBLIC LAW 99-662—NOV. 17, 1986 
100 STAT. 4137 
estimated first Federal cost of $9,390,000 and an estimated first non-
Federal cost of $4,010,000. 
j f i i b i i 
COCONUT POINT, TUTUILA ISLAND, AMERICAN SAMOA 
The project for shore protection at Coconut Point, Tutuila Island, 
American Samoa, including a 3,600-foot long rock revetment to 
protect communal lands and public facilities, at a total cost of 
$2,810,000, with an estimated first Federal cost of $2,030,000 and an 
estimated first non-Federal cost of $780,000. 
(c) 
PRECONSTRUCTION AUTHORIZATION.—The Secretary 
is 
au-
thorized to carry out planning, engineering, and design for projects 
for shoreline erosion control at the following communities in New 
Jersey: Fort Elsinboro, Sea Breeze, Gandys Beach, Reeds Beach, 
Pierces Point, and Fortescue, at a total cost of $1,000,000. 
(d) SECTION 103 PROJECTS.—The Secretary is authorized to carry 
out the following project under section 103 of the River and Harbor 
: Act of 1962. 
76 Stat. 1178. 
ORCHARD BEACH, NEW YORK 
Subject to section 903(a) of this Act, the project for beach erosion 
control. Orchard Beach, New York: Draft Report of the District 
Engineer, New York District, dated July 1985, at a total cost of 
$2,480,000, with an estimated first Federal cost of $1,000,000 and an 
estimated first non-Federal cost of $1,480,000. 
(e) TANGIER ISLAND, VIRGINIA.—Subject to section 903(a) of this 
Act, the Secretary is authorized and directed to design and construct 
an erosion control structure approximately 8,200 feet in length on 
the western shore of Tangier Island, Virginia, adequate to protect 
such island from further erosion, at a total cost of $3,200,000, with 
an estimated first Federal cost of $2,080,000 and an estimated first 
non-Federal cost of $1,120,000. Such project shall be carried out on 
an emergency basis, in view of the national, historic, and cultural 
value of the island and in order to protect the Federal investment in 
public facilities. Cost sharing applicable to hurricane and storm 
damage reduction shall apply to the project under this subsection. 
I SEC. 502. WESTHAMPTON BEACH, NEW YORK. 
I 
The Secretary shall apply the cost sharing provisions of section 
. 31(1) of the Water Resources Development Act of 1974 (Public Law 
93-251) to periodic nourishment of the continuing construction 
88 Stat. 21. 
project at Westhampton Beach, New York, for a period of 20 years 
after the date of enactment of this Act. 
TITLE VI—WATER RESOURCES CONSERVATION AND 
**" 
DEVELOPMENT 
SEC. 601. AUTHORIZATION OF PROJECTS. 
Reports. 
(a) AUTHORIZATION OF CONSTRUCTION.—The following works of 
s improvement for water resources development and conservation and 
b for other purposes are adopted and authorized to be prosecuted by 
i the Secretary substantially in accordance with the plans and subject 
to the conditions recommended in the respective reports designated 
in this subsection, except as otherwise provided in this subsection: 
•BTf f 
100 STAT. 4138 
PUBLIC LAW 99-662—NOV. 17, 1986 
TENNESSEE-TOMBIGBEE WATERWAY, ALABAMA AND MISSISSIPPI 
Wildlife. 
Tennessee-Tombigbee Waterway Wildlife Mitigation, Alabama 
and Mississippi: Report of the Chief of Engineers, dated August 31, 
1985, at a total cost of $60,200,000. The Secretary is authorized to 
acquire from willing sellers in a timely manner at fair market value 
88,000 acres of land for mitigation of wildlife losses resulting from 
construction and operation of the project for the Tennessee-
Tombigbee Waterway, Alabama and Mississippi. Such lands shall be 
in addition to, and not in lieu of, lands currently owned by the 
United States in the project area which are designated as wildlife 
mitigation lands for such project. Of the lands acquired under this 
section, not less than 20,000 acres shall be acquired in the area of 
the Mobile-Tensaw River delta, Alabama, and not less than 25,000 
acres shall be acquired in the areas of the Pascagoula River, the 
Pearl River, and the Mississippi River delta, Mississippi. Other 
lands acquired under this section may be acquired anywhere in the 
States of Alabama and Mississippi. The Secretary shall select lands 
to be acquired under this section in consultation with appropriate 
State and Federal officials. Emphasis shall be placed on acquisition 
of lands which are predominantly flood plain forest, except that the 
34,000 acres of bottomland hardwood lost as a result of the construc-
tion of the navigation project shall be replaced in-kind. The States of 
Alabama and Mississippi shall provide for the management for 
wildlife purposes of lands acquired under this section and lands 
currently owned by the United States in the project area which are 
designated as wildlife mitigation lands for such project. Subject to 
such amounts as are provided in appropriation Acts, the Secretary 
shall reimburse such States for such management and initial devel-
opment costs as specified in a plan for management of mitigation 
lands to be developed by the Secretary, the United States Fish and 
; Wildlife Service, and the States of Alabama and Mississippi. 
BETHEL BANK STABIUZATION, ALASKA 
The project for bank stabilization. Bethel, Alaska: Report of the 
Chief of the Engineers, dated July 30, 1983, at a total cost of 
$19,400,000, with an estimated first Federal cost of $14,600,000 and 
an estimated first non-Federal cost of $4,800,000, including such 
modifications as may be necessary to accommodate related work 
''' undertaken and carried out by non-Federal interests. 
SCAMMON BAY, ALASKA 
Vi. -^ S"^. 
'
;
M 
-.- V 
Scammon Bay, Alaska (hydropower): Report of the Chief of Engi-
neers, dated August 9,1983, at a total cost of $1,700,000, with a first 
Federal cost of $1,700,000. 
^^ „!.,,.„. ^..,: 
SOUTH CENTRAL RAILBELT AREA, ALASKA 
^ 
South Central Railbelt Area, Alaska, hydroelectric power, Valdez 
' and Copper River Basin: Report of the Chief of Engineers, dated 
' October 29, 1982, at a total cost of $45,000,000, with a first Federal 
• cost of $45,000,000. 
,83-i:; 
PUBLIC LAW 99-662—NOV. 17, 1986 
100 STAT. 4139 
HELENA HARBOR, PHILLIPS COUNTY, ARKANSAS 
The project for navigation, Helena Harbor, Phillips County, Ar-
kansas: Report of the Chief of Engineers, dated October 17, 1980, 
including such modifications as the Secretary determines to be 
necessary and appropriate to mitigate the adverse effects of the 
project on fish and wildlife habitat, at a total cost of $59,000,000, 
with an estimated first Federal cost of $35,800,000 and an estimated 
first non-Federal cost of $23,200,000. The Secretary, in consultation 
with the Fish and Wildlife Service, shall evaluate the adequacy of 
the recommended measures for mitigation of losses of wildlife habi-
tat. Not later than one year after the date of enactment of this Act, 
the Secretary shall transmit to the Committee on Public Works and 
Transportation of the House of Representatives and the Committee 
on Environment and Public Works of the Senate a report of such 
evaluation. 
Fish and fishing. 
Wildlife. 
WHITE RIVER NAVIGATION TO BATESVILLE, ARKANSAS 
(1) The project for navigation, White River Navigation to Fish and fishing. 
Batesville, Arkansas: Report of the Chief of Engineers, dated Decem-
ber 23, 1981, at a total cost of $29,300,000, with an estimated first 
Federal cost of $20,500,000 and an estimated first non-Federal cost of 
$8,800,000, except that the project shall include 1,865 acres of habi-
tat mitigation lands. The project shall include modifications (A) for 
; n c.nf si-i 
additional measures which the Secretary determines to be necessary 
> 
'" 
and appropriate to mitigate the adverse effects of the project on the 
Fat Pocketbook Pearly Mussel, and (B) for weirs in tributary areas 
which the Secretary determines to be necessary and appropriate to 
benefit aquatic habitat. The Secretary shall deposit no spoil from 
such project onto lands of the White River National Wildlife Refuge 
without the approval of the Secretary of the Interior and without 
mitigating fully the adverse impacts of such spoil. The Secretary, in 
consultation with the Fish and Wildlife Service, shall evsduate the 
effect of the project on the Fat Pocketbook Pearly Mussel. The 
Secretary, in consultation with the Fish and Wildlife Service, shall 
also evaluate the feasibility of including weirs in tributary areas to 
benefit aquatic habitat and is authorized to include them as he 
determines appropriate. Not later than one year after the date of 
' '] 
enactment of this Act, the Secretary shall transmit to the Commit-
tee on Public Works and Transportation of the House of Representa-
tives and the Committee on Environment and Public Works of the 
Senate a report of such evaluations. Nothing in this paragraph or 
such report shall be construed to affect the requirements of Public 
Law 89-669, as amended. 
80 Stat. 1073. 
SACRAMENTO RIVER BANK PROTECTION, CALIFORNIA 
The project for mitigation of fish and wildlife losses, Sacramento 
River Bank Protection Project, California: Reports of the Chief of 
Engineers, dated September 1, 1981, at a total cost of $1,410,000, 
with an estimated first Federal cost of $890,000 and an estimated 
first non-Federal cost of $520,000. 
JACKSONVILLE HARBOR (MILL COVE) , FLORIDA 
The project for navigation, Jacksonville Harbor, Mill Cove, Flor-
ida: Report of the Chief of Engineers, dated February 12, 1982, at a 
100 STAT. 4140 
PUBLIC LAW 99-662—NOV. 17, 1986 
;ig,sii1r?! 
.^mdBxi '>fi£> 
total cost of $4,000,000, with a first Federal cost of $4,000,000, 
including such modifications as the Secretary considers necessary 
and appropriate to assure that adequate dredged material disposal 
areas are available for construction, operation, and maintenance of 
the project. The Secretary, in consultation with the State of Florida, 
shall study the adequacy of available dredged material disposal 
areas for construction, operation, and maintenance of the project 
and the potential of such disposal areas for recreational develop-
ment. Not later than one year after the date of enactment of this 
Act, the Secretary shall transmit to the Committee on Public Works 
and Transportation of the House of Representatives and the 
Committee on Environment and Public Works of the Senate a report 
on the results of such study. 
fiOIfp 10 trCK 
PORT CANAVERAL HARBOR, FLORIDA 
l ^ i 
• 
0 
The project for mitigation of fish and wildlife losses at the Port 
Canaveral West Turning Basin Project, Florida: Report of the Chief 
of Engineers, dated October 1985 at a total cost of $276,000, with 
estimated first Federal cost of $126,000 and an estimated first non-
Federal cost of $150,000. 
RICHARD B. RUSSELL DAM AND LAKE, GEORGIA AND SOUTH CAROLINA 
Fish and fishing. 
The project for mitigation of fish and wildlife losses at Richard B. 
Wildlife. 
Russell Dam and Lake Project, Savannah River, Georgia and South 
Carolina: Report of the Chief of Engineers, dated May 11, 1982, 
House Document Numbered 97-244, at a total cost of $20,200,000, 
with an estimated first Federal cost of $20,150,000 and an estimated 
first non-Federal cost of $50,000, including utilization for purposes of 
fish and wildlife habitat mitigation of such Federal lands as may be 
identified by the Secretary. The Secretary and the State of South 
Carolina, in consultation with the United States Fish and Wildlife 
Service, shall identify those Federal lands at Clarks Hill Lake to be 
utilized for purposes of fish and wildlife habitat mitigation. 
METROPOLITAN ATLANTA AREA, GEORGIA 
-f 
The project for construction of a reregulating dam for water 
supply purposes on the Chattahoochee River downstream of Buford 
Dam, Georgia: Report of the Chief of Engineers, dated June 1982, at 
a total cost of $28,000,000, with an estimated first Federal cost of 
$7,000,000 and an estimated first non-Federal cost of $21,000,000, 
including such additional measures as may be recommended or 
warranted by the General Design Memorandum and supplemental 
environmental impact statement approved under this paragraph. 
Before construction of the reregulation dam is initiated, the results 
of the Corps of Engineers' General Design Memorandum and supple-
mental environmental impact statement resulting from the contin-
ued planning and engineering studies must show that— 
(1) the quality and quantity of water delivery to the State 
DSii trout hatchery is maintained or improved and the hatchery can 
continue to operate satisfactorily; 
(2) all water quality standards under the Federal Water 
62 Stat. 1155. 
Pollution Control Act and corresponding State law for the 
. Chattahoochee River will be met, or, if such standards are not 
currently being met, neither the degree nor the frequency of 
Dams. 
Fish and fishing. 
.8VCf 
-VM 
® ^^ violation will be increased; 
'il 
PUBLIC LAW 99-662—NOV. 17, 1986 
100 STAT. 4141 
(3) the design, construction, and operation of the reregulation 
project will facilitate and be compatible with downstream recre-
ation, fisheries, and fisheries management and will include such 
measures as may be necessary to mitigate adverse effects of the 
project on turbidity, water temperature, and other water qual-
ity parameters, and water flow regimes; 
(4) the project analysis evaluated the impact of the reregula-
tion dam on— 
(A) instream flows below the proposed dam for the cur- 
.;„ - ; 
rent situation and proposed dam operation plans, under 
'j 
various hydrologic conditions and several demand rates; 
r 
(B) recreational use within the Chattahoochee River Na-
P 
tional Recreation Area, within the river corridor, and on 
the river itself; and 
(C) economic issues. 
Before construction of the reregulation dam is initiated, a generax 
design memorandum and a supplemental environmental impact 
statement based on the continued planning and engineering studies 
shall be prepared and jointly approved by the Secretary and the 
Governor of Georgia. The authorization, design, construction, and 
operation of the reregulation dam by the Secretary or any other 
Federal or State body or agency must be in compliance with all 
applicable existing laws and with this paragraph without waiver of 
any conditions, requirements, or provisions contained therein. The 
reregulation dam may be constructed by the State of Georgia or its 
subdivisions at local cost. 
DAVENPORT, IOWA (NAHANT MARSH) 
The Davenport, Iowa Local Protection Project—Fish and Wildlife 
Mitigation Plan: Report of the Chief of Engineers, dated July 9, 
- ; n 
l i i 
1979, House Document Numbered 97-218, at a total cost of $517,000, 
eifiijIiW 
with an estimated first Federal cost of $388,000 and an estimated 
first non-Federal cost of $129,000. 
r 
OBION CREEK, KENTUCKY 
The project for mitigation of fish and wildlife losses. West Ken- 
Fish and fishing, 
tucky Tributaries Project, Obion Creek, Kentucky: Report of the 
Wildlife. 
Chief of Engineers, dated September 16, 1980, at a total cost of 
$4,900,000, with an estimated first Federal cost of $4,000,000 and an 
estimated first non-Federal cost of $900,000, except that (1) the 
Secretary, in consultation with the United States Fish and Wildlife 
Service, shall acquire and preserve not less than 6,000 nor more 
than 9,000 acres of woodland for mitigation of project-induced wood-
land and wetland habitat losses, and (2) the land for mitigation of 
damages to fish and wildlife shall be acquired as soon as possible 
from available funds, including the Environmental Protection and 
Mitigation Fund established by section 908 of this Act. Nothing in 
this paragraph affects the authority of the Secretary to carry out a 
project under section 205 of the Flood Control Act of 1948 (33 U.S.C. 
701s), in lieu of the West Kentucky Tributaries Project, Obion Creek. 
: If such a project is carried out under section 205, the Secretary need 
only implement measures to mitigate fish and wildlife damages 
which are attributable to the project undertaken under section 205. 
100 STAT. 4142 
PUBLIC LAW 99-662—NOV. 17, 1986 
Fish and fishing. 
Wildlife. 
LAKE PONTCHARTRAIN NORTH SHORE, LOUISIANA 
The project for navigation, Lake Pontchartrain North Shore, 
Louisiana: Report of the Chief of Engineers, dated February 14, 
1979, at a total cost of $1,310,000, with an estimated first Federal 
cost of $655,000 and an estimated first non-Federal cost of $655,000. 
ATCHAFALAYA BASIN, LOUISIANA 
The project for flood control, Atchafalaya Basin Floodway System, 
Louisiana: Report of the Chief of Engineers, dated February 28, 
1983, at a total cost of $250,000,000, with an estimated first Federal 
cost of $223,000,000 and an estimated first non-Federal cost of 
$27,000,000: Provided, That fish and wildlife enhancement benefits 
provided by this project shall be considered to be national for the 
purposes of section 906 of this Act. 
RED RIVER WATERWAY, LOUISIANA 
The project for mitigation of fish and wildlife losses. Red River 
Waterway, Louisiana: Report of the Chief of Engineers, dated 
December 28, 1984, at a total cost of $9,420,000, with an estimated 
first Federal cost of $8,860,000 and an estimated first non-Federal 
cost of $560,000, except that the land the Secretary may purchase 
for such project may include all or such portion of any land referred 
to in the report or all or such portion of any land adjacent to the 
Loggy Bayou Wildlife Management Area in Bossier Parish, Louisi-
ana, which the Secretary determines is appropriate. 
Fish and fishing. 
Wildlife. 
Arkans£is. 
^/^ hf 
YAZOO BACKWATER AREA, MISSISSIPPI 
The project for mitigation of fish and wildlife losses at the Yazoo 
Backwater Project, Mississippi: Report of the Chief of Engineers, 
dated July 12,1984, at a total cost of $17,700,000 with a first Federal 
cost of $17,700,000. The project shall include acquisition of 40,000 
acres for mitigation of project-induced fish and wildlife losses as 
recommended in the report of the District Engineer, Vicksburg 
District, dated July 1982. The Secretary may acquire a portion of 
such 40,000 acres from willing sellers in the State of Arkansas, after 
consultation with the United States Fish and Wildlife Service and 
the Governors of the States of Mississippi and Arkansas. 
GREENVILLE HARBOR, MISSISSIPPI 
The project for navigation, Greenville Harbor, Mississippi: Re-
ports of the Chief of Engineers, dated November 15, 1977, and 
February 22, 1982, at a total cost of $43,700,000, with an estimated 
first Federal cost of $28,000,000 and an estimated first non-Federal 
cost of $15,700,000. 
VICKSBURG HARBOR, MISSISSIPPI 
The project for navigation, Vicksburg Harbor, Mississippi: Report 
of the Chief of Engineers, dated August 13, 1979, at a total cost of 
$79,200,000, with an estimated first Federal cost of $55,900,000 and 
an estimated first non-Federal cost of $23,300,000. 
PUBLIC LAW 99-662—NOV. 17, 1986 
100 STAT. 4143 
* - 
HARRY S TRUMAN DAM AND RESERVOIR, MISSOURI 
The project for modification of the Harry S Truman Dam and 
Reservoir Project, Missouri: Report of the Chief of Engineers, dated 
December 21, 1981, at a total cost of $2,100,000, with a first Federal 
cost of $2,100,000. The Secretary, in consultation with the State of 
Missouri and the United States Fish and Wildlife Service, shall 
acquire lands, or designate project joint-use lands, for mitigation of 
fish and wildlife losses in addition to those lands recommended for 
such purposes by such report; except that the total acreage of all 
mitigation lands shall not exceed 1,000 acres. 
Fish and fishing. 
Wildlife. 
jisicj 
i't 
TRIMBLE WILDUFE AREA, SMITHVILLE LAKE, LITTLE PLATTE RIVER, 
j 
MISSOURI 
The project for replacement of the Trimble Wildlife Area, Smith-
ville Lake, Little Platte River, Missouri: Report of the Chief of 
Engineers, dated September 22, 1977, at a total cost of $1,570,000, 
with a first Federal cost of $1,570,000, except that the Secretary 
shall participate with the State of Missouri in the development of 
wildlife management measures and facilities on State lands rather 
than the acquisition of lands and the development of Jackass Bend. 
Wildlife. 
ST. LOUIS HARBOR, MISSOURI AND ILLINOIS 
The project for navigation, St. Louis Harbor, Missouri and Illinois: 
Report of the Chief of Engineers, dated April 30, 1984, at a total cost 
of $31,000,000, with an estimated first Federal cost of $10,400,000 
and an estimated first non-Federal cost of $20,600,000. 
Yni'^raSf 
MISSOURI RIVER MITIGATION, MISSOURI, KANSAS, IOWA, AND NEBRASKA 
The project for mitigation of fish and wildlife losses, Missouri 
River Bank Stabilization and Navigation Project, Missouri, Kansas, 
Iowa, and Nebraska: Report of the Chief of Engineers, dated 
April 24,1984, at a total cost of $51,900,000, with a first Federal cost 
of $51,900,000. The Secretary shall study the need for additional 
measures for mitigation of losses of aquatic and terrestrial habitat 
caused by such project and shall report to Congress, within three 
years after the date of enactment of this Act, on the results of such 
study and any recommendations for additional measures needed for 
mitigation of such losses. 
Fish and fishing. 
Wildlife. 
OLCOTT HARBOR, NEW YORK 
The project for navigation, Olcott Harbor, New York: Report of 
the Chief of Engineers, dated June 11, 1980, at a total cost of 
$12,600,000, with an estimated first Federal cost of $6,300,000 and an 
estimated first non-Federal cost of $6,300,000. The Secretary, in 
consultation with appropriate Federal, State, and local agencies, 
shall conduct additional studies of the effects of the project on fish 
and wildlife resources. The Secretary is authorized to undertake any 
additional measures which he determines necessary and appropriate 
to minimize any adverse effects of the project on fish and wildlife 
production and habitat. 
Fish and fishing. 
Wildlife. 
100 STAT. 4144 
PUBLIC LAW 99-662—NOV. 17, 1986 
ATLANTIC INTRACOASTAL WATERWAY BRIDGES, NORTH CAROUNA 
!
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"^h® project for replacement of Atlantic Intracoastal Waterway 
)t='b i 
Bridges, North Carolina: Report of the Chief of Engineers, dated 
October 1, 1975, House Document Numbered 94-597, at a total cost 
of $9,100,000, with a first Federal cost of $9,100,000, which shall be 
in addition to, and not in lieu of, any amounts authorized to be 
appropriated for such project under section 101 of the River and 
84 Stat. 1818. 
Harbor Act of 1970. 
.•sftflb' 
Energy. 
.Hiiirigl* ttna 
Fish and fishing. 
Wildlife. 
MUDDY BOGGY CREEK, PARKER LAKE, OKLAHOMA 
The project for flood control and water supply, Parker Lake, 
Muddy Boggy Creek, Oklahoma: Report of the Chief of Engineers, 
dated May 30, 1980, at a total cost of $46,000,000, with an estimated 
first Federal cost of $3,410,000 and an estimated first non-Federal 
cost of $42,590,000. 
^ ^ 
FORT GIBSON LAKE, OKLAHOMA 
The project for Fort Gibson Lake, Oklahoma: Report of the Chief 
of Engineers, dated August 16, 1984, at a total cost of $24,600,000, 
with a first Federal cost of $24,600,000. 
, ,., 
imiUiJ.j>s 
itii 
BLUE RIVER LAKE, OREGON 
Blue River Lake, hydroelectric power, Willamette River Basin, 
Oregon: Report of the Chief of Engineers, dated August 9, 1983, at a 
total cost of $30,700,000, with a first Federal cost of $30,700,000. The 
authorization under this paragraph shall not preclude development 
of hydroelectric power by a non-Federal interest if, within three 
years of the date of enactment of this Act, such non-Federal interest 
obtains a license from the Federal Energy Regulatory Commission 
for non-Federal development of hydroelectric power at the Blue 
River Lake project. 
BIG RIVER RESERVOIR, RHODE ISLAND 
The project for flood control. Big River Reservoir, Rhode Island: 
Report of the Chief of Engineers, dated March 9, 1983, at a total cost 
of $86,700,000, with an estimated first Federal cost of $8,360,000 and 
an estimated first non-Federal cost of $78,340,000, including the 
acquisition of such additional lands as determined by the Secretary 
to be necessary and appropriate for mitigation of fish and wildlife 
losses. The Secretary, in consultation with appropriate Federal, 
State, and local agencies, shall reevaluate the acquisition of mitiga-
tion lands recommended in the report of the Chief of Engineers for 
purposes of determining the need for additional lands for mitigation 
of fish and wildlife losses. Not later than one year after the date of 
enactment of this Act, the Secretary shall transmit to the Commit-
tee on Public Works and Transportation of the House of Representa-
tives and the Committee on Environment and Public Works of the 
Senate a report on the results of such reevaluation. 
GREGORY COUNTY, SOUTH DAKOTA 
Gregory County hydroelectric pumped storage facility, stages I 
and II, South Dakota: Report of the Chief of Engineers, dated 
April 26, 1983, together with such additional associated multipur-
PUBLIC LAW 99-662—NOV. 17, 1986 
100 STAT. 4145 
pose water supply and irrigation features as are generally described 
in the final feasibility report of the District Engineer, at a total cost 
of $1,390,000,000, with a first Federal cost of $1,390,000,000, not to 
exceed $100,000,000 of which may be used to construct such associ-
ated water supply and irrigation features: Provided, That the addi-
tional associated multipurpose water supply and irrigation features 
shall be undertaken concurrently by the Secretary of the Interior in 
accordance with the Federal reclamation laws (Act of June 17, 1902, 
32 Stat. 388, and Acts amendatory thereof and supplemental 
thereto), as a unit of the Pick-Sloan Missouri River Basin Program: 
Provided further, That the Secretary of the Interior is authorized to 
undertake a feasibility study of the additional associated multipur-
pose water supply and irrigation features of the Gregory County 
hydroelectric pumped storage facility and that construction of the 
Gregory County hydroelectric pumped storage facility and such 
additional associated multipurpose water supply and irrigation fea-
tures shall not be undertaken until the Secretary of the Interior has 
completed the feasibility report on such additional features and 
submitted such report to the Congress along with his certification 
that, in his judgment, the benefits of such features will exceed the 
costs and that such additional features are physically and finan-
cially feasible, and the Congress has authorized the appropriation of 
funds for the construction thereof. 
MEMPHIS HARBOR, MEMPHIS, TENNESSEE 
The project for navigation, Memphis Harbor, Memphis, Ten-
nessee: Report of the Chief of Engineers, dated February 25, 1981, at 
a total cost of $110,000,000, with an estimated first Federal cost of 
$38,400,000 and an estimated first non-Federal cost of $71,600,000, 
including acquisition of such additional lands for mitigation of losses 
of bottomland hardwood habitat as may be recommended by the 
Secretary and including such additional measures which the Sec-
retary determines necessary and appropriate to prevent adverse 
effects on water quality. The Secretary shall reevaluate, in consulta-
tion with the Fish and Wildlife Service, the need for mitigation of 
project-induced losses of bottomland hardwood habitat. The Sec-
retary, in consultation with the Environmental Protection Agency, 
shall conduct further studies of the quality of the water in the 
project area and the need for measures to prevent adverse effects on 
the quality of the water. Not later than one year after the date of 
enactment of this Act, the Secretary shall transmit to the Commit-
tee on Public Works and Transportation of the House of Representa-
tives and the Committee on Environment and Public Works of the 
Senate a report of such reevaluation and study. 
COOPER LAKE AND CHANNELS, TEXAS 
The project for the mitigation of fish and wildlife resource losses, 
Cooper Lake and Channels, Texas: Report of the Chief of Engineers, 
dated May 21, 1982, at a total cost of $14,800,000, with an estimated 
first Federal cost of $8,160,000 and an estimated first non-Federal 
cost of $6,640,000. 
,1--. .. 
HAMPTON ROADS DEBRIS REMOVAL, VIRGINIA 
The project for the removal of debris from Hampton Roads and 
Vicinity, Virginia: Report of the Chief of Engineers, dated October 
100 STAT. 4146 
PUBLIC LAW 99-662—NOV. 17, 1986 
19, 1983, at a total cost of $7,030,000, with an estimated first Federal 
cost of $2,330,000 and an estimated first non-Federal cost of 
$4,700,000. 
MC NARY LOCK AND DAM, WASHINGTON AND OREGON 
The project for McNary Lock and Dam, Second Powerhouse, 
Columbia River, Washington and Oregon, Phase I, General Design 
Memorandum: Report of the Chief of Engineers, dated June 24, 
1981, at a total cost of $667,000,000, with a first Federal cost of 
$667,000,000. 
CABIN CREEK, WEST VIRGINIA 
That portion of the Cabin Creek, West Virginia, demonstration 
reclamation project providing for flood damage prevention meas-
ures: Report of the Chief of Engineers, dated March 1, 1979, at a 
total cost of $6,800,000, with an estimated first Federal cost of 
$3,400,000 and an estimated first non-Federal cost of $3,400,000, 
including channel improvement for 10.5 miles on Cabin Creek, 
establishment of flood plain management guidelines, and supple-
mental flood proofing. The construction of such features shall be 
coordinated with any construction by other Federal agencies of 
other features described in such report under applicable Federal 
laws. 
(b) AUTHORIZATION OF CONSTRUCTION SUBJECT TO FAVORABLE 
REPORT.—The following projects are authorized to be prosecuted by 
the Secretary substantially in accordance with the plans and subject 
to the conditions recommended in the respective reports cited, with 
such modifications as are recommended by the Chief of Engineers 
and approved by the Secretary, and with such other modifications as 
are recommended by the Secretary. If no report is cited for a project, 
the project is authorized to be prosecuted by the Secretary in 
accordance with a final report of the Chief of Engineers, and with 
such modifications as are recommended by the Secretary, and no 
construction on such project may be initiated until such a report is 
issued and approved by the Secretary. 
RILLITO RIVER, TUCSON, ARIZONA 
The project for bank erosion control, Rillito River in the vicinity 
of Tucson, Arizona: Report of the Division Engineer, dated July 14, 
1986, for the purpose of providing protection against the level of 
flooding that occurred in October 1983, at a total cost of $26,000,000, 
with an estimated first Federal cost of $19,550,000 and an estimated 
first non-Federal cost of $6,450,000. Section 104 of this Act shall 
apply to the project authorized by this paragraph. 
WAILUA FALLS, WAILUA RIVER, KAUAI, HAWAII 
The project for hydroelectric power generation at Wailua Falls, 
Wailua River, Kauai, Hawaii, at a total cost of $13,500,000, with a 
first Federal cost of $13,500,000. 
YAZOO RIVER, MISSISSIPPI 
- ' ^ - ,. ,
» 
-«: -. 
A project to perform intermittent dredging and such other work 
as may be required on the Yazoo River in Mississippi, from Green-
wood south, to remove natural shoals as they occur, at an annual 
PUBLIC LAW 99-662—NOV. 17, 1986 
100 STAT. 4147 
average cost of $200,000, so as to allow commerce to continue. 
Responsible local interests shall agree to (1) provide without cost to 
the United States all lands, easements, and rights-of-way required 
for dredging and disposal of dredged materials; (2) accomplish with-
out cost to the United States such alterations, relocations, and 
rearrangement of facilities as required for dredging and disposal of 
dredged materials; and (3) hold and save the United States free from 
damages due to the dredging and disposal of dredged materials. 
^ 
TRINITY RIVER, TEXAS 
The project for the mitigation of fish and wildlife losses. Trinity 
Fish and fishing. 
River, Texas: Report of the Board of Engineers for Rivers and Wildlife. 
Harbors, dated October 4,1982, at a total cost of $10,400,000, with an 
estimated first Federal cost of $10,000,000 and an estimated first 
non-Federal cost of $400,000. 
(c) PRE-CONSTRUCTION AUTHORIZATION.—The Secretary is 
au-
thorized to carry out planning, engineering, and design for the 
following projects: 
NEPONSET RIVER, MILTON TOWN LANDING TO PORT NORFOLK, 
MASSACHUSETTS 
The project for dredging, Neponset River, Milton Town Landing to 
Port Norfolk, Massachusetts, including the disposal of the dredged 
material at sea, at a total cost of $450,000. 
MERRIMACK RIVER, MASSACHUSETTS 
•J 
• 
The project for navigation, Merrimack River, Massachusetts, 
consisting of (1) improvements along the Merrimack River from 
Lowell, Massachusetts, to Lawrence, Massachusetts (including a 
concrete weir running eeistward from the confluence of the Concord 
River and the Merrimack River parallel to the southern bank of the 
Merrimack River), (2) a lock at the end of the channel created by the 
weir, and (3) such other measures as the Secretary deems necessary 
in the interest of navigation, at a total cost of $800,000. In addition, 
the Secretary is authorized and directed to conduct necessary recon-
naissance studies and feasibility studies on extending such project 
from Lawrence, Massachusetts, to Haverhill, Massachusetts, and 
from Haverhill, Massachusetts, to the mouth of the Merrimack 
River. 
BUFFALO 
HARBOR, 
NEW YORK 
The project to replace the dike at the Small Boat Harbor, Buffalo 
Harbor, New York, at a total cost of $900,000. 
'^ 
•' 
WHEEUNG CREEK WATERSHED, OHIO 
The project to prevent or reduce flooding problems in the Wheel-
ing Creek Watershed, Ohio, including control of erosion of coal mine 
areas to reduce deposition of sediments in Wheeling Creek, removal 
^ si w ' 
of sediment deposits in Wheeling Creek, and other measures deemed 
appropriate by the Secretary, in consultation with the Soil Con- 
«; cM 
servation Service of the Department of Agriculture, the United 
States Geological Survey, the Office of Surface Mining of the 
Department of the Interior, the State of Ohio, and other appropriate 
ms^siy w ?H 
Federal and non-Federal agencies. 
100 STAT. 4148 
PUBLIC LAW 99-662—NOV. 17, 1986 
33 u s e 577. 
FIVE MILE CREEK, DALLAS, TEXAS 
The project for flood protection along Five Mile Creek, Dallas, 
Texas, including dredging of a channel at the lower end of such 
creek and developing a retention structure at the upper end of such 
creek, at a total cost of $1,460,000. 
FOX RIVER CHANNEL, GREEN BAY, WISCONSIN 
The project to deepen the Fox River Channel, Green Bay, Wiscon-
sin, to a depth of twenty-seven feet, at a total cost of $3,460,000. 
(d) SECTION 107 PROJECTS.—The Secretary is authorized and di-
rected to carry out the following projects under section 107 of the 
River and Harbor Act of 1960: 
Minnesota. 
Indiana. 
New Jersey. 
Minnesota. 
New Jersey. 
LARKSPUR FERRY CHANNEL, LARKSPUR, CALIFORNIA 
Subject to section 903(a) of this Act, the project to maintain the 
Larkspur Ferry Channel, Larkspur, California, at a depth sufficient 
for ferry boat service between Marin County and San Francisco, 
California, at a total cost of $3,340,000. 
SHELBURNE BAY, VERMONT 
The project for navigation at LaPlatte River, Shelburne Bay, 
Vermont, at a total cost of $250,000. 
RUDEE INLET, VIRGINIA 
The project for navigation and shoreline protection, Rudee Inlet, 
Virginia Beach, Virginia: Report of the Division Engineer, dated 
February 4,1983, at a total cost of $1,270,000. 
AGAT 
SMALL 
BOAT 
HARBOR, 
GUAM 
Subject to section 903(a) of this Act, the project to construct the 
Agat small boat harbor in Guam, at a total cost of $4,040,000, with 
an estimated first Federal cost of $2,816,000 and an estimated first 
non-Federal cost of $1,224,000. 
SEC. 602. LAKES PROGRAM. 
(a) Subject to section 903(a) of this Act, the Secretary shall carry 
out programs for the removal of silt, aquatic growth, and other 
material in the following lakes: 
(1) Albert Lea Lake, Freeborn County, Minnesota, removal of 
silt and aquatic growth; 
(2) Lake George, Hobart, Indiana, and in that part of Deep 
River upstream of such lake through Lake Station, Indiana, 
removal of silt, aquatic growth, and other material and 
construction of silt traps or other devices to prevent and abate 
the deposit of sediment in Lake George and such part of Deep 
River; 
(3) Greenwood Lake and Belcher Creek, New Jersey, removal 
of silt and stamps; 
(4) Sauk Lake and its tributary streams in the vicinity of Sauk 
Centre, Stearns County, Minnesota, removal of silt and aquatic 
growth; 
(5) Deal Lake, Monmouth County, New Jersey, removal of silt 
and stumps and the control of pollution from nonpoint sources; 
PUBLIC I AW 99-662-NOV. 17, 1986 
100 STAT. 4149 
"
^ 
(6) Lake Worth, Tarrant County, Texas, removal of silt and 
Texas. 
<-{ 
aquatic growth, including construction of silt traps and provid- 
^' " 
ing other devices or equipment to prevent and abate the further 
deposit of sediment in Lake Worth; such project shall also 
provide for the use of dredged material from Lake Worth for the 
'- 
reclamation of despoiled land; 
(7) Hamlet City Lake, Hamlet, North Carolina, removal of North Carolina. 
"' 
accumulated silt and debris including construction of silt traps 
i 
and providing other devices or equipment to prevent and abate 
the further deposit of sediment in Hamlet City Lake; 
f
' 
(8) Lake Herman, Lake County, South Dakota, removal of 
South Dakota, 
excess silt; and 
? 
(9) Gorton's Pond, Warwick, Rhode Island, mitigation activi- 
Rhode Island, 
ties recommended in the 1982 Environmental Protection 
Agency diagnostic feasibility study, including the installation of 
retention beisins, the dredging of inlets and outlets in rec-
ommended areas and the disposal of dredge material, and weed 
'^ 
harvesting and nutrient inactivation. 
(b) The non-Federal share of the cost of each project carried out 
under this section shall be 25 percent. 
(c) The Secretary shall report to the Administrator of the Environ-
mental Protection Agency the plans for and results of the program 
under subsection (a), together with such recommendations as the 
Secretary determines necessary to carry out the program for fresh-
water lakes under section 314 of the Federal Water Pollution Con-
trol Act. 
33 use 1324. 
(d) There is authorized to be appropriated $40,000,000 for fiscal 
years beginning after September 30, 1986, to carry out this section. 
Not more than $8,000,000 may be obligated for any project under 
.muunn 
subsection (a). 
SEC. 603. STREAMBANK EROSION CONTROL PROGRAM. 
(a) Subject to section 903(a) of this Act, the Secretary is authorized 
to carry out a program to plan, design, and construct streambank 
erosion control projects listed in subsection (f) when, in the opinion 
of the Secretary, such work is economically justified and environ-
mentally acceptable. Prior to construction of any projects for this 
.8t«</cf||iH 
purpose, non-Federal interests shall agree to provide, without cost to 
a^afarra 
the United States, all lands, easements, and rights-of-way necessary 
for construction and subsequent operation of the project; hold and 
save the United States free from damages due to construction, 
operation, and maintenance of the project, except damages due to 
the fault or negligence of the United States or its contractors; and 
operate and maintain the project upon completion. The non-Federal 
share of the cost of each project carried out under this section shall 
be 25 percent. Lands, easements, and rights-of-way provided by non-
Federal interests shall be credited to the non-Federal share. 
(b) For the purposes of this section, $30,000,000 is authorized to be 
appropriated to the Secretary for each of the fiscal years 1987, 1988, 
1989, 1990, and 1991. Not more than $5,000,000 shall be allotted for 
the construction of a project under this section at any single locality 
and such amount shall be sufficient to complete Federal participa-
tion in the project. 
jsntutrj hoc^f? 
(c) The program of projects under this section shall— 
(1) identify streambank erosion measures likely to provide the 
< 
highest degree of protection technically and economically fea-
sible for both high and low flow conditions; 
100 STAT. 4150 
PUBLIC LAW 99-662—NOV. 17, 1986 
Research and 
(2) conduct necessary research on the interaction of erodible 
development. 
boundaries with flowing water in order to more accurately 
predict the behavior and optimum design of protective works; 
(3) define and test optimum designs of bed slopes and grade 
s-i control structures for a wide range of soil and flow conditions; 
(4) develop, field test, and evaluate new erosion protection 
products or methods, including but not limited to earth or rock-
filled grids, reinforced earth bulkheads, stabilized mattings for 
vegetation seeding, and patterned schemes using manufactured 
blocks in loose, matted, or interconnected configurations; 
to 
(5) develop and evaluate engineering techniques to control 
overbank drainage; and 
• 5
a
p
; 
(6) identify and quantify economic losses occurring along 
rivers due to streambank erosion. 
(d) The Secretary shall report to C!ongress each year of the dem-
onstration program under this section on work undertaken pursu-
ant to such program. 
(e) For each project carried out under this section, the Secretary 
shall evaluate the environmental impacts of such project with re-
spect to both riverine and adjacent land-use values, with the view of 
minimizing environmental losses. 
(f) The program authorized by this section shall be undertaken at 
the following locations: 
(1) LITTLE RIVER, ARKANSAS.—Little River in the vicinity of the 
Highway 41 bridge, Horatio, Arkansas, protection against 
streambank erosion. 
(2) SACRAMENTO RIVER, CAUFORNIA.—Sacramento River and 
its tributaries from Red Bluff to Shasta Dam, and from Chico 
Landing downstream along each bank to the head of the Sac-
ramento River flood control project levees, construction of bank 
protection works, including mitigation of fish and wildlife losses 
induced by the project. 
(3) WABASH RIVER, ILUNOIS.—Wabash River at Grayville, Illi-
nois, construction of a low-level weir across the cutoff channel 
to restore the river flow to its original channel and prevent 
streambank erosion and damage to public and private facilities. 
Highways. 
(4) RED LAKE RIVER, MINNESOTA.—Red Lake River, Minnesota, 
Bridges. 
approximately one and one-half miles west of Gentilly, Min-
nesota, correction of erosion problems adequate to protect the 
nearby highway and bridge. 
(5) CANEY CREEK, MISSISSIPPI.—(A) Caney Creek in the vicinity 
of Jackson, Mississippi, between McDowell Road and Raymond 
Road, construction of such bank stabilization measures as the 
Secretary determines necessary for flood damage prevention 
and erosion control along approximately 3,000 feet of the creek. 
(B) The Secretary shall complete his study of flood and soil 
erosion problems along Caney Creek and its tributaries in the 
vicinity of Jackson, Mississippi. For purposes of analyzing cost 
and benefits of any project recommended by the Secretary as a 
result of such study, the Secretary shall take into account the 
cost and benefits of measures undertaken pursuant to subpara-
-£ i graph (A). 
Flood control. 
(6) PLATTE RIVER, NEBRASKA.—(A) Sites on the Platte River and 
its tributaries in Nebraska, projects for flood control and 
SA^* streambank erosion prevention. The program shall have as its 
•tssi objectives the protection of property, environmental enhance-
ment, and social well-being. 
Flood control. 
Fish and fishing. 
Wildlife. 
PUBLIC LAW 99-662—NOV. 17, 1986 
100 STAT. 4151 
(B) Flood control projects carried out under this paragraph 
shall include projects for the construction, operation, and 
maintenance of flood damage reduction measures, including but 
not limited to bank protection and stabilization works, embank-
ments, clearing, snagging, dredging, and all other appropriate 
flood control measures, and shall also include recreational 
facilities deemed appropriate by the Secretary. Such projects 
shall be carried out substantially in accordance with the plan of 
action of the Chief of Engineers, dated February 6, 1984, and 
^ : i; 
with the Platte River and Tributaries, Nebraska, study of 1978 
and the Platte River Basin, Nebraska, Level B Study of 1976. 
(C) For each project under this paragraph, the Secretary shall 
Wildlife. 
evaluate the environmental impacts of such project with respect 
to both riverine and adjacent land-use values, with the view of 
enhancing wildlife and wildlife habitat as a major purpose 
coequal with all other purposes and objectives, and with the 
view of minimizing environmental losses. 
(D) Projects authorized by this paragraph shall be undertaken 
to reflect a variety of geographical and environmental condi-
tions, including naturally occurring erosion problems and ero-
sion caused or incurred by man-made structures or activities. At 
a minimum, projects shall be conducted at sites on— 
(i) that reach of the Platte River between Hershey, Ne-
braska, and the boundary between Lincoln and Dawson 
Counties, Nebraska; and 
(ii) that reach of the Platte River from the boundary 
between Colfax and Dodge Counties, Nebraska, to its con-
fluence with the Missouri River and that portion of the 
Elkhorn River from the boundary between Antelope and 
Madison Counties, Nebraska, to its confluence with the 
Platte River. 
(E) The Secretary shall condition the construction, operation, 
and maintenance of any project under this paragraph upon the 
availability to the United States of such land and interests in 
land as he deems necessary to carry out such project and to 
protect and enhance the river in accordance with the purposes 
of this paragraph. Lands and interests in land for any project 
under this paragraph shall not be acquired without the consent 
of the owner, except that not to exceed five percent of the lands 
acquired for such a project may be acquired in less than fee title 
without the consent of the owner if determined necessary by the 
Secretary because of flooding or streambank erosion problems 
causing or threatening to cause serious damage in the Platte 
River Basin. 
(F) The Secretary shall establish a Platte River Advisory 
Group consisting of representatives of the State of Nebraska 
and political subdivisions thereof, affected Federal agencies, and 
such private organizations as the Secretary deems desirable. 
Projects under this paragraph shall be carried out in coordina-
tion and consultation with such Advisory Group. 
(7) ELM CREEK, DECATUR, NEBRASKA.—Elm Creek in the vi-
cinity of Decatur, Nebraska, such emergency bank stabilization 
measures as are necessary to protect bridges. 
(8) PASSAIC RIVER, NEW JERSEY.—(A) East bank of the Passaic 
River, New Jersey, from Dundee Dam to Kearney Point, bank 
stabilization and development, operation, and maintenance of a 
recreation and greenbelt area on public properties on, and along 
100 STAT. 4152 
PUBLIC LAW 99-662—NOV. 17, 1986 
Wildlife. 
State and local 
governments. 
the bank. The project shall be carried out after consultation 
with the Passiac River Restoration Steering Committee, and 
shall include, but not be limited to— 
(i) the construction, operation, and maintenance of rec-
reational facilities (including, but not limited to, a multi-
purpose pathway described in the Passaic River Restoration 
Master Plan) and streambank stabilization structures; 
(ii) terraforming; and 
(iii) such tree plantings, vegetation and wildlife protec-
tion and development, and other activities as will enhance 
the natural environment for recreational purposes. 
(B) The construction and maintenance of structures and plant 
and husbandry activities referred to in subparagraph (A) shall 
be conditioned upon the ownership by the public of the land or 
interest therein necessary for such purposes. The operation and 
maintenance of such structures and activities shall be under-
taken by the counties or cities owning the lands on which such 
structures are to be located or on which such activities are to be 
carried out. 
(C) In carrying out the project described in subparagraph (A), 
the Secretary may acquire by purchase, donation, exchange, or 
otherwise, lands and interests therein as the Secretary and the 
Passaic River Restoration Steering Committee determine are 
necessary to carry out such project. No lands or interests 
therein may be acquired by the United States or any State or 
local government to carry out such project without the consent 
of the owner, and nothing herein shall constitute an additional 
restriction on the use of any lands or interests therein which is 
not owned by the United States or a State or local government. 
(9) OHIO RIVER AND TRIBUTARIES.—Ohio River and Tributaries, 
streambank erosion protection measures in the following 
locations: 
(A) that reach of the Ohio River between the Captain 
Anthony Meldahl Locks and Dam and the McAlpine Locks 
and Dam; 
(B) the Licking River; 
(C) the Kanawha River in the vicinity of St. Albans, West 
Virginia; 
(D) from the mouth of the Ohio River to Uniontown Dam, 
Illinois; and 
(E) along the Wabeish River, from the mouth of the 
Wabash River to its confluence with the Little Wabash 
River. 
(10) UPPER MISSOURI RIVER, SOUTH OAKOTA.—Locations on the 
Missouri River upstream of the Fort Randall Dam and down-
stream of the Oahe Dam; upstream of the Oahe Dam and 
downstream of the Garrison Dam; upstream of the Garrison 
Dam and downstream of the Fort Peck Dam; and upstream of 
the Fort Peck Dam to the confluence of the Missouri and 
Musselshell Rivers. 
(11) MEMPHIS, TENNESSEE.—Sites on the Mississippi River in 
the vicinity of Memphis, Tennessee, construction of bank 
protection works. 
(12) LA CONNER, WASHINGTON.—La Conner, Washington, such 
bank erosion control measures along the Swinomish Channel as 
the Secretary determines necessary to prevent damage to struc-
tures in the La Conner Historical District. 
PUBLIC LAW 99-662—NOV. 17, 1986 
100 STAT. 4153 
(13) KANAWHA RIVER, WEST VIRGINIA.—Kanawha River from 
approximately 55th Street to a point approximately 100 feet 
upstream of 57th Street in Charleston, West Virginia, construc-
tion of such streambank protection works as the Secretary 
deems necessary to prevent further bank failure and erosion of 
a 1,200-foot reach of the left descending bank. 
SEC. 604. DES MOINES RIVER GREENBELT. 
The project for the Des Moines Recreational River and Greenbelt, 
Iowa, authorized by Public Law 99-88, shall include the area de- 99 Stat. 293. 
scribed in the Des Moines Recreational River and Greenbelt Map, 
which description is printed in Committee Print 99-53 of the 
Committee on Public Works and Transportation of the House of 
Representatives (dated September 1986). 
SEC. 
6
0
5
. 
BARNEGAT 
INLET 
TO 
LONGPORT, 
NEW 
JERSEY. 
The Secretary is authorized to carry out the project for beach 
erosion control, navigation, and storm protection from Barnegat 
Inlet to Longport, New Jersey, substantially in accordance with the 
report of the Chief of Engineers, dated October 24,1975, except that 
such project may also include construction of a fisherman walkway 
on top of a jetty as described in the report of the Chief of Engineers, 
dated January 20, 1983, at a total cost of $106,290,000, with an 
estimated first Federal cost of $59,505,000 and an estimated .first 
non-Federal cost of $46,785,000. The Secretary may construct the 
beach erosion control, navigation, or storm protection feature of the 
project separately or in combination with the other such features. 
The non-Federal share for any such feature which is separately 
constructed shall be the appropriate non-Federal share for that 
feature. 
Maryland. 
Pennsylvania. 
Virginia. 
SEC. 606. CHESAPEAKE BAY. 
(a) The Secretary is authorized to construct projects for low-cost 
projects along the shore of the Chesapeake Bay and its tributaries 
for the control of streambank and shoreline erosion. The Secretary 
shall select an equal number of projects under this section in each of 
the States of Maryland, Pennsylvania, and Virginia. In selecting 
projects in Virginia under this section, the Secretary shall give 
priority consideration to the shoal at the mouth of the Coan River. 
(b) The Federal share of the cost of the projects under this section 
shall be 50 percent. 
(c) Information gathered in the study conducted under section 54 
of the Water Resources Development Act of 1976 shall be used to the 
extent possible in selecting appropriate projects. 
(d) There is authorized to be appropriated for fiscal years begin-
ning after September 30, 1986, $5,000,000 to carry out this section. 
SEC. 607. PASSAIC RIVER BASIN CHANNEL CLEARING. 
Subject to section 903(a) of this Act, the Secretary is authorized New Jersey, 
and directed to implement snagging and clearing and channel rec-
tification measures along the Passaic, Pompton, Pequannock, and 
Ramapo Rivers, New Jersey, from Beatties Dam in Little Falls on 
the Passaic River upstream to the confluence of the Pompton River 
at Two Bridges, upstream along the Pompton River to and including 
the Pompton Feeder on the Pequannock and Ramapo Rivers, and 
upstream along the Ramapo River to the Pompton Lakes Dam, and 
along tributaries of such rivers (including Singac Brook and Weasel 
42 u s e 1962d-5 
note. 
Appropriation 
authorization. 
100 STAT. 4154 
PUBLIC LAW 99-662—NOV. 17, 1986 
Michigan. 
North Carolina. 
Brook), including the modification of such structures, flood proofing, 
and flood warning measures as determined necessary by the Chief of 
Engineers, at a total cost of $33,300,000, with an estimated first 
Federal cost of $25,000,000 and an estimated first non-Federal cost of 
$8,300,000. In addition, subject to section 903(a) of this Act, the 
Secretary is authorized to undertake a project for flood control for 
the Passaic River in the vicinity of Beatties Dam in Little Falls, New 
Jersey, at a total cost of $20,000,000, with an estimated first Federal 
cost of $15,000,000 and an estimated first non-Federal cost of 
$5,000,000. The non-Federal share of the cost of the projects under 
this section is 25 percent. 
SEC. 608. MOUND STATE PARK AND FORT TOULOUSE NATIONAL HISTORIC 
LANDMARK, ALABAMA. 
(a) Subject to section 903(a) of this Act, the Secretary is authorized 
and directed to take such action £is may be necessary to correct 
erosion problems along the banks of the Warrior River in order to 
protect Mound State Park, near Moundville, Alabama, substantially 
in accordance with the study directed by the Mobile district engi-
neer and dated July 20, 1981, at a total cost of $4,400,000, with an 
estimated first Federal cost of $3,300,000 and an estimated first non-
Federal cost of $1,100,000. 
(b) Subject to section 903(a) of this Act, the Secretary is authorized 
to preserve and protect the Fort Toulouse National Historic Land-
mark and Taskigi Indian Mound in the county of Elmore, Alabama, 
by instituting bank stabilization measures, in accordance with alter-
native B contained in the Mobile district engineer's design supple-
ment report entitled "Jones Bluff Reservoir, Alabama River, 
Alabama, Fort Toulouse, Design Report, National Historic Land-
mark", dated July 1975, at a total cost of $16,000,000, with an 
estimated first Federal cost of $12,000,000 and an estimated first 
non-Federal cost of $4,000,000. 
SEC. 609. MUCK LEVEE, SALT CREEK, ILLINOIS. 
Subject to section 903(a) of this Act, the Secretary shall repair and 
rehabilitate the Muck Levee, Salt Creek, Logan County, Illinois, at a 
total cost of $12,000, with an estimated first Federal cost of $9,000 
and an estimated first non-Federal cost of $3,000. 
SEC. 610. SWAN CREEK HARBOR OF REFUGE. 
Subject to section 903(a) of this Act, the Secretary is authorized to 
take such measures as may be necessary to maintain a harbor of 
refuge in Swan Creek, Newport, Michigan. Non-Federal interests 
shall provide a public wharf and such other facilities £is may be 
necessary for a harbor of refuge which shall be open to all on equal 
terms and such other requirements as the Secretary deems 
necessary. 
SEC. 
6
1
1
. 
TRANSFER 
OF 
DREDGING 
VESSEL. 
Notwithstanding any other provision of law, the Secretary shall 
transfer to New Hanover County, North Carolina, its successors or 
assigns, without consideration, all right, title, and interest of the 
United States to a surplus dredging vessel (known as the "Hyde 
hopper dredge") in Wilmington, North Carolina, if such county 
agrees in writing to utilize such vessel only for the purpose of 
establishing an artificial fish habitat at no cost to the United States. 
PUBLIC LAW 99-662—NOV. 17, 1986 
100 STAT. 4155 
SEC. 612. INTERIM MEASURES FOR WHEELING CREEK, OHIO. 
Subject to section 903(a) of this Act, the Secretary is authorized to Flood control, 
undertake interim emergency flood control measures, including the 
removal of sediment deposits from Wheeling Creek and other meas-
ures deemed appropriate by the Secretary, to reduce flood damage 
in the vicinity of Goosetown, Wolfhurst, Barton, Crescent, Maynard, 
Blainsville, Fairpointe, Crabapple, and Lafferty, Ohio, at a total cost 
of $4,000,000, with an estimated first Federal cost of $2,962,000 and 
an estimated first non-Federal cost of $1,038,000. For purposes of 
analyzing the costs and benefits of any project recommended by the 
Secretary as a result of the planning, engineering, and design for 
the Wheeling Creek Watershed authorized by section 601(c), the 
Secretary shall take into account the costs and benefits of measures 
undertaken pursuant to this section. 
SEC. 613. TOLAY LAKE, CALIFORNIA. 
The Secretary, the Secretary of the Interior, and the Adminis- 
.., . 
trator of the Environmental Protection Agency shall jointly develop 
a feasibility study for the construction in the vicinity of the former 
site of Tolay Lake in Sonoma County, California, of a water re-
sources development project consisting of one or more of the 
reclamation project alternatives (other than the ocean outfall alter-
native) included in the Final Environmental Impact Report, Sonoma 
County Wastewater Reclamation Project, adopted by the Sonoma 
County Board of Supervisors, April 21, 1981, at a total cost of 
$3,000,000. Not later thein one year after the date of the enactment 
of this Act, the Secretary, the Secretary of the Interior, and the 
Administrator of the Environmental Protection Agency shall submit 
a report to Congress with recommendations on a program and 
methods of financing the program. 
SEC. 614. PROJECTS FOR SOIL EROSION PREVENTION. 
(a) The Secretary of Agriculture, acting through the Adminis-
trator of the Soil Conservation Service, is authorized to complete 
construction of the following projects for run-off and waterflow 
retardation and soil erosion prevention: 
(1) Bush River Watershed, Virginia; 
(2) Great Creek Watershed, Virginia; and 
(3) Cottonwood-Walnut Creek Watershed, New Mexico. 
(b) Construction of such projects shall be completed in accordance 
with the resolutions adopted by the Committee on Environment and 
Public Works of the Senate and the Committee on Public Works and 
Transportation of the House of Representatives which authorized 
such construction; except that— 
(1) construction of the project for Cottonwood-Walnut Creek 
Watershed, New Mexico, shall be completed in accordance with 
such resolutions as modified by Committee Print 99-11 of the 
Committee on Public Works and Transportation of the House of 
Representatives; and 
(2) the amount authorized to be appropriated for construction 
of such projects shall be as follows: 
(A) for Bush River Watershed, Virginia, $13,700,000; 
(B) for Great Creek Watershed, Virginia, $3,900,000; and 
(C) for Cottonwood-Walnut 
Creek Watershed, 
New 
Mexico, $28,063,000. 
Virginia. 
New Mexico. 
Appropriation 
authorization. 
100 STAT. 4156 
PUBLIC LAW 99-662—NOV. 17, 1986 
Reports. 
Wisconsin. 
Flood control. 
SEC. 
6
1
5
. 
PORT 
ONTARIO, 
SANDY 
CREEK, 
NEW 
YORK. ; 
r
?
' 
. 
, 
V 
' 
.iofjjoD iKx-fi 
The Secretary is authorized to take such measures as may be 
necessary to maintain a harbor of refuge in Port Ontario, Sandy 
Creek, New York. Non-Federal interests shall provide a public 
wharf and such other facilities as may be necessary for a harbor of 
refuge which shall be open to all on equal terms and such other 
requirements as the Secretary deems necessary. 
SEC. 616. DULUTH, MINNESOTA, SHORELINE PROTECTION. 
The Secretary is authorized to construct shoreline protection 
measures for the shoreline adjacent to the runway at the Sky 
Harbor Municipal Airport, Duluth, Minnesota, including riprap 
shore protection, fueling area repairs and protection, and topsoil 
and turf establishment, at a total cost of $333,000, with an estimated 
first Federal cost of $250,000 and an estimated first non-Federal cost 
of $83,000. 
TITLE VII—WATER RESOURCES STUDIES 
SEC. 701. FEASIBILITY REPORTS FOR ILLINOIS AND KINNICKINNIC 
RIVERS. 
The Secretary is authorized and directed to prepare and submit to 
Congress feasibility reports on the following water resources 
projects at the following locations: 
Illinois River in the vicinity of Hardin, Illinois, to recommend 
remedial measures for bank stabilization. 
Kinnickinnic River, Milwaukee County, Wisconsin, for flood 
control and allied purposes. 
SEC. 702. TERRITORIES DEVELOPMENT STUDY. 
The Secretary is hereby authorized and directed to make studies 
in cooperation with the Secretary of the Interior and the govern-
ments of the Virgin Islands, Guam, American Samoa, the Trust 
Territory of the Pacific Islands, and the Commonwealth of the 
Northern Mariana Islands for the purposes of providing plans for 
the development, utilization, and conservation of water and related 
land resources of such jurisdiction, at a total cost of $2,000,000 for 
each of the five studies. Such studies shall include appropriate 
consideration of the needs for flood protection, wise use of flood 
plain lands, navigation facilities, hydroelectric power generation, 
regional water supply and waste water management facilities sys-
tems, general recreation facilities, enhancement and control of 
water quality, enhancement and conservation of fish and wildlife, 
and other measures for environmental enhancement, economic and 
human resources development. Such studies shall be compatible 
with comprehensive development plans formulated by local plan-
ning agencies and other interested Federal agencies. Any funds 
made available under this section for a study for any such jurisdic-
tion which is not needed for such study shall be available to the 
Secretary to construct authorized water resources projects in such 
jurisdiction and to implement the findings of such study with appro-
priate cost sharing as provided in this Act. 
33 u s e 2262. 
SEC. 703. SURVEY OF POTENTIAL FOR USE OF CERTAIN FACILITIES AS 
HYDROELEPTRIC FACILITIES. 
(a) The Secretary shall, upon the request of local public officials, 
survey the potential and methods for rehabilitating former indus-
33 use 2261. 
Virgin Islands. 
Guam. 
American 
Samoa. 
Trust Territory 
of the Pacific 
Islands. 
Northern 
Mariana Islands. 
Conservation. 
Flood control. 
Energy. 
Waste disposal. 
Fish and fishing. 
Wildlife. 
Environmental 
protection. 
PUBLIC LAW 99-662—NOV. 17, 1986 
100 STAT. 4157 
trial sites, millraces, and similar types of facilities already con-
structed for use as hydroelectric facilities. The Secretary shall, upon 
request, provide technical assistance to local public agencies, includ-
ing electric cooperatives, in designing projects to rehabilitate sites 
that have been surveyed, or are qualified for such survey, under this 
section. The non-Federal share of the cost of carrying out this 
section shall be 50 percent. 
(b) There is authorized to be appropriated to the Secretary, to 
implement this section, the sum of $5,000,000 for each of the fiscal 
years ending September 30, 1988, through September 30, 1992, such 
sums to remain available until expended. 
SEC. 704. STUDY OF CORPS CAPABILITY TO CONSERVE FISH AND WILD-
LIFE. 
(a) The Secretary shall investigate and study the feasibility of 
utilizing the capabilities of the United States Army Corps of Engi-
neers to conserve fish and wildlife (including their habitats) where 
such fish and wildlife are indigenous to the United States, its 
possessions, or its territories. The scope of such study shall include 
the use of engineering or construction capabilities to create alter-
native habitats, or to improve, enlarge, develop, or otherwise bene-
ficially modify existing habitats of such fish and wildlife. The study 
shall be conducted in consultation with the Director of the Fish and 
Wildlife Service of the Department of the Interior, the Assistant 
Administrator 
for 
Fisheries 
of 
the 
National 
Oceanic 
and 
Atmospheric Administration, 
and the Administrator 
of 
the 
Environmental Protection Agency, and shall be transmitted within 
the 30-month period beginning on the date of enactment of this Act 
by the Secretary to Congress, together with the findings, conclusions, 
and recommendations of the Chief of Engineers. The Secretary, in 
consultation with the Federal officers referred to in the preceding 
sentence, shall undertake a continuing review of the matters covered 
in the study and shall transmit to Congress, on a biennial basis, 
any revisions to the study that may be required as a result of the 
review, together with the findings, conclusions, and recommenda-
tions of the Chief of Engineers. 
Ot)) The Secretary is further authorized to conduct projects of 
alternative or beneficially modified habitats for fish and wildlife, 
including but not limited to man-made reefs for fish. There is 
authorized to be appropriated not to exceed $5,000,000 to carry out 
such projects. Such projects shall be developed, and their effective-
ness evaluated, in consultation with the Director of the Fish and 
Wildlife Service and the Assistant Administrator for Fisheries of the 
National Oceanic and Atmospheric Administration. Such projects 
shall include— 
(1) the construction of a reef for fish habitat in Lake Erie in 
the vicinity of Buffalo, New York; 
(2) the construction of a reef for fish habitat in the Atlantic 
Ocean in the vicinity of Fort Lauderdale, Florida; 
(3) the construction of a reef for fish habitat in Lake Ontario 
in the vicinity of the town of Newfane, New York; and 
(4) the construction of a reef for fish habitat in the Chesa-
peake Bay in Maryland. 
The non-Federal share of the cost of any project under this section 
shall be 25 percent. 
Appropriation 
authorization. 
33 u s e 2263. 
Appropriation 
authorization. 
New York. 
Florida. 
New York. 
Maryland. 
100 STAT. 4158 
PUBLIC LAW 99-662—NOV. 17, 1986 
90 Stat. 2930. 
33 u s e 426 note. 
Appropriation 
authorization. 
Transportation. 
Flood control. 
Energy. 
Fish and fishing. 
Wildlife. 
Conservation. 
SEC. 705. SAN FRANCISCO BAY AREA FLOOD CONTROL STUDY. 
Section 142 of the Water Resources Development Act of 1976 
(Public Law 94-587) is amended by inserting immediately after 
"Napa," the following: "San Francisco, Marin,". 
SEC. 
7
0
6
. 
GREAT 
LAKES 
LEVELS 
STUDY. 
(a) The Secretary, in cooperation with the National Oceanic and 
Atmospheric Administration, the Federal Emergency Management 
Agency, the International Joint Commission, and other appropriate 
Federal, State, and local agencies and the private sector, is au-
thorized to conduct a study of shoreline protection and beach erosion 
control policy and related projects of the Secretary, in view of the 
current situation and long-term expected increases in the levels of 
the Great Lakes. Such study shall include, but is not limited to— 
(1) a study to determine the magnitude and extent of current 
and expected future shoreline erosion on the Great Lakes and 
' 
connecting channels occurring as a result of high water levels. 
The study shall examine the impacts of the long-term cold 
weather cycle on lake levels and shoreline damage. The study 
shall also examine the relationship of shoreline damage to the 
regulation of outflows from Lake Superior and Lake Erie in 
accordance with approved regulation plans of the International 
Joint Commission; 
(2) an economic and hydrologic analysis to determine whether 
changes in the inflows and outflows of the existing structures 
may be desirable to reduce shoreline damages, and whether 
further regulation of the outflow of Lake Erie may be war-
• 
ranted to achieve better regulation of the water levels of the 
Great Lakes; 
(3) a summary of the legal and institutional impacts of rising 
lake levels on riparian lands; and 
(4) recommendations for new or additional criteria for Federal 
participation in shoreline protection projects along the Great 
Lakes and connecting channels. 
(b) Within three years after the date of enactment of this Act, the 
Secretary shall transmit the studies prepared pursuant to subsec-
tion (a) of this section, together with supporting documentation and 
the recommendations of the Secretary, to the Committee on 
Environment and Public Works of the Senate and Committee on 
Public Works and Transportation of the House of Representatives. 
(c) For the purposes of this section, there is authorized to be 
appropriated to the Secretary for the fiscal year ending September 
30, 1987, or thereafter, the sum of $3,000,000, such sum to remain 
available until expended. 
SEC. 
7
0
7
. 
CAPITAL 
INVESTMENT 
NEEDS 
FOR 
WATER 
RESOURCES. 
(a) Not later than two years after the date of enactment or this 
Act, the Secretary shall prepare and submit to Congress an estimate 
of the long-range capital investment needs for water resources 
programs under the jurisdiction of the Secretary, including, but not 
limited to, deep-draft ports, inland waterway transportation, flood 
control, municipal and industrial water supply, and hydroelectric 
power and recreation and fish and wildlife conservation and 
enhancement associated with such programs. 
(b) The estimate prepared under this section shall include, but not 
be limited to— 
PUBLIC LAW 99-662—NOV. 17, 1986 
100 STAT. 4159 
(1) an estimate of the current service levels of public capital 
investments and alternative high and low levels of such invest-
ments over a period of ten years in current dollars and over a 
period of five years in constant dollars; 
(2) capital investment needs in each major program area over 
a period of ten years; 
(3) an identification and analysis of the principal policy issues 
that affect estimated capital investment needs; 
(4) an identification and analysis of factors that affect esti-
mated capital investment needs including, but not limited to, 
K 
the following factors: 
(A) economic assumptions; 
/ 
(B) engineering standards; 
' 
(C) estimates of spending for operation and maintenance; 
(D) estimates of expenditures for similar investments by 
[
* 
' 
State and local governments; 
ix f£.n 
(E) estimates of demand and need for public services 
derived from such capital investments and estimates of the 
•' 
service capacity of such investments; and 
^; 
(F) the effects of delays in planning and implementation 
^
- ' ' 
of water resources projects on the capital investment costs 
of water resources programs, including increased costs asso-
ciated with interest rates and inflation; 
(5) a description of the economic, social, and environmental 
benefits realized from past investments and expected to be 
realized from future investments, including the protection of 
life and property; and 
(6) an analysis of the effect of different levels of cost sharing 
and user fee recovery on the demand for water resources 
projects. 
SEC. 708. NEW YORK HARBOR AND ADJACENT CHANNEL STUDY. 
The Secretary is directed to expedite completion of the study of New York. 
New York Harbor and Adjacent Channels, New York and New New Jersey. 
Jersey, authorized by a resolution of the Committee on Environment 
and Public Works of the Senate, dated December 15, 1980, and to 
submit a report to Congress on the results of such study not later 
than December 31,1987. 
SEC. 709. DIOXIN CONTAMINATION IN PASSAIC RIVER-NEWARK BAY. 
(a) The Administrator of the Environmental Protection Agency 
New Jersey, 
shall study and monitor the extent and adverse environmental 
effects of dioxin contamination in the Passaic River-Newark Bay 
navigation system. The study and report under this section are not 
intended to encumber civil works projects under development or 
scheduled to be maintained. Work on these projects shall proceed 
along the present schedule. 
(b) Not later than one year after the date of enactment of this Act, 
the Administrator shall transmit a report on the results of such 
study and monitoring along with any recommendations of the 
Administrator concerning methods of reducing the effects of such 
contamination to the Committee on Environment and Public Works 
^ 
of the Senate and the Committee on Public Works and Transpor-
tation of the House of Representatives. 
100 STAT. 4160 
PUBLIC LAW 99-662—NOV. 17, 1986 
33 u s e 2264. 
SEC. 710. DEAUTHORIZATION OF STUDIES. 
(a) Not later than one year after the date of enactment of this Act, 
and annually thereafter, the Secretary shall submit to Congress a 
list of incomplete water resources studies which have been au-
thorized, but for which no funds have been appropriated during the 
5 full fiscal years preceding the submission of such list. For each 
such study the Secretary shall include the following information: 
(1) the date of authorization and the manner in which the 
study was authorized; 
(2) a description of the purposes of the study; 
(3) a description of funding that has been made available for 
the study; 
(4) a description of any work that has been performed in 
carrying out the study and the results and conclusions, if any, of 
such work; and 
(5) a description of any work that remains to be done in 
carrying out the study and the time necessary for and estimated 
cost of completing such work. 
(b) Each study included in a list under subsection (a) is not 
authorized on and after the 90th day following the submission to 
Congress of such list if no funds have been appropriated for such 
study after the list is submitted and before such 90th day. 
SEC. 711. SAGINAW BAY, MICHIGAN. 
The Secretary is authorized and directed to undertake a study of 
the feasibility of navigation improvements at Saginaw Bay and 
Saginaw River, Michigan, including channel widening and deepen-
ing. The Secretary shall submit the feasibility report on such study 
to the Congress not later than December 31,1989. 
SEC. 
7
1
2
. 
RANCHO 
PALOS 
VERDES, 
CALIFORNIA. 
The Secretary is authorized to study the feasibility of constructing 
shoreline erosion mitigation measures along the Rancho Palos 
Verdes coastline and in the city of Rolling Hills, California, for the 
purpose of providing additional stabilization for the Portuguese 
Bend landslide area and adjacent landslide areas. The Secretary 
shall submit the feasibility report on such study to the Congress not 
later than two years after the date of enactment of this Act. 
SEC. 713. LOUISIANA SHORELINE EROSION STUDY. 
In order to determine the feasibility of specific measures to dimin-
'<af^'l * 
ish shoreline erosion, marsh deterioration, salt water intrusion, 
hurricane vulnerability, and barrier island destruction and to carry 
out reasonable planning efforts that require suitable sediment for 
nourishment, the Secretary is authorized to conduct a nearshore 
sediment inventory to determine availability of suitable sediment in 
the offshore waters of Louisiana between Southwest Pass and 
Sabine Pass and in Lake Pontchartrain and in Lake Borgne, at a 
cost not to exceed $2,000,000. 
SEC. 714. LAND ACQUISITION POLICY STUDY. 
Minerals and 
The Secretary shall study land acquisition policies applicable to 
mining. 
Water resources projects carried out by the Secretary, including, 
Texas. 
among other things, an analysis of the acquisition policies of min-
eral rights in connection with such projects. Such study shall also 
include a complete detailed report on (1) the acquisition policies and 
procedures utilized by the Secretary in the acquisition of mineral 
PUBLIC LAW 99-662—NOV. 17, 1986 
100 STAT. 4161 
rights at the water resources project for Lake Sommerville, Texas, 
authorized by the Flood Control Act of June 28, 1938, and (2) the 
33 USC 701b. 
acquisition policies and procedures followed in permitting reservoir 
lands to be used for mineral exploration and development subse-
quent to construction of such project. Not later than one year after 
the date of enactment of this Act, the Secretary shall transmit to 
the Committee on Public Works and Transportation of the House of 
Representatives and the Committee on Environment and Public 
Works of the Senate a report on the results of such study along with 
such recommendations as the Secretary may have for modifications 
of such land acquisition policies. 
SEC. 715. COLUMBIA RIVER/ARKANSAS RIVER BASIN TRANSFERS. 
33 USC 2265. 
(a) No Federal agency shall study or participate in the study of 
any regional or river basin plan or any plan for any Federal water 
and related land resource project which has as its objective the 
transfer of water from the Columbia River Basin to any other region 
or any other major river basin of the United States, unless such 
study is approved by the Governors of all affected States. 
(b) For a period of 5 years after the date of enactment of this Act, 
no Federal agency shall study or participate in the study of any 
regional or river basin plan or any plan for any Federal water and 
related land resource project which has as its objective the transfer 
of water from the Arkansas River Basin to any other region or any 
other major river basin of the United States, unless such study is 
approved by the Governors of all affected States. 
SEC. 716. BLACK WARRIOR-TOMBIGBEE RIVER. 
The Secretary shall immediately conduct a feasibility study of 
protection from erosion problems on the southern bank of the Black 
Warrior-Tombigbee River from river mile 253 to river mile 255. Not 
later than six months after the date of enactment of this Act, the 
Secretary shall report to the Committee on Public Works and 
Transportation of the House of Representatives and the Committee 
on Environment and Public Works of the Senate on the results of 
such investigation along with recommendations for measures to 
alleviate such erosion problems, if feasible. 
SEC. 717. STORMWATER RUNOFF CONTROL STUDY. 
The Secretary is authorized to conduct a study of the feasibility of 
developing measures to control storm water runoff on a watershed 
basis. Such study shall include, among other things, a review of 
existing drainage codes. State statutes, and Federal programs relat-
ing to prevention of drainage soil erosion and flooding. Not later 
than two years after the date of enactment of this Act, the Secretary 
shall submit a report to the Committee on Public Works and 
Transportation of the House of Representatives and the Committee 
on Environment and Public Works of the Senate on the results of 
such investigation along with recommendations concerning develop-
ment of such measures. 
SEC. 718. BOUNDARY DELINEATION AND FENCING PRACTICES. 
The Secretary is authorized and directed to conduct a study (1) to 
analyze the differences among Corps districts and Corps divisions 
; uv.;n 
regarding boundary delineation and fencing practices, (2) to analyze 
the cost of fencing activities and the relationship of such cost to the 
benefits derived from such activities, and (3) to analyze the need for 
100 STAT. 4162 
PUBLIC LAW 99-662—NOV. 17, 1986 
Flood control. 
Rural areas. 
Disadvantaged 
persons. 
Conservation. 
Illinois. 
Indiana. 
Michigan. 
Ohio. 
Wisconsin. 
Iowa. 
Minnesota. 
Pennsylvania. 
West Virginia. 
providing, to the greatest extent practicable and consistent with 
authorized project purposes, access of the project area to the general 
public for recreational purposes. The Secretary shall submit a report 
on the results of such study to Congress not later than one year after 
the date of the enactment of this Act. 
SEC. 719. PROJECT EVALUATION AND SELECTION CRITERIA. 
The Secretary is authorized and directed to conduct a study of the 
Army Corps of Engineers project evaluation and selection criteria 
identifying all factors which affect the selection of flood control or 
other projects under the Secretary's authority in rural areas and in 
areas with greater percentages of low-income individuals. Not later 
than one year after the date of the enactment of this Act the 
Secretary shall transmit a report to Congress on the results of such 
study together with specific recommendations for changes in the 
selection criteria that would effectively eliminate any bias against 
projects in such areas. 
SEC. 720. POTOMAC RIVER HYDRILLA. 
The Secretary is authorized and directed to conduct a feasibility 
study of the eradication and control of hydrilla in the Potomac River 
and to develop an effective plan of action for such eradication and 
control. Not later than September 30, 1987, the Secretary shall 
submit to Congress a report on the results of such study together 
with the plan of action which the Secretary recommends and an 
estimate of the cost of implementing such plan. 
SEC. 721. CHESAPEAKE BAY DROUGHT MANAGEMENT. 
(a) The Secretary shall study and develop a plan for drought 
management and low fresh-water inflow maintenance on the major 
tributaries entering the Chesapeake Bay, including, but not limited 
to, water conservation, water storage, emergency restrictions, and 
ground water recharge. 
(b) Not later than two years after the date of the enactment of this 
Act, the Secretary shall submit a report on the study required by 
this section, together with recommendations, to the Committee on 
Environment and Public Works of the Senate and the Committee on 
Public Works and Transportation of the House of Representatives. 
The Secretary shall include in the report recommendations for 
appropriate Federal and non-Federal responsibilities in carrydng out 
the plan. 
(c) The Secretary is authorized to undertake feasibility reports 
with respect to those responsibilities identified in the report under 
subsection (b) as Federal responsibilities. 
SEC. 722. GUAYANILLA RIVER BASIN, PUERTO RICO. 
(a) The Secretary shall conduct a feasibility study on providing 
flood protection in the Guayanilla River Basin, Puerto Rico. • 
(b) Not later than two years after the date of the enactment of this 
Act, the Secretary shall submit to Congress a report on the results of 
such study together with such recommendations as the Secretary 
determines to be appropriate. 
SEC. 723. STUDY OF HYDROPOWER STATUS. 
. 
The Secretary shall prepare and submit to Congress not later than 
October 1, 1987, a report on the status of feasibility and reconnais-
sance studies (including studies completed and studies currently 
being conducted) relating to the hydroelectric power potential at 
existing Corps of Engineers projects in the States of Illinois, Indiana, 
PUBLIC LAW 99-662—NOV. 17, 1986 
100 STAT. 4163 
Michigan, Ohio, Wisconsin, Iowa, Minnesota, Pennsylvania, and 
West Virginia. 
SEC. 724. CANADIAN TIDAL POWER STUDY. 
(a) The Secretary, after consultation with the National Oceanic 
and Atmospheric Administration, the National Marine Fisheries 
Service, the United States Fish and Wildlife Service, and other 
appropriate governmental agencies, and the National Research 
Council of the National Academy of Sciences, is authorized and 
directed to undertake studies to identify the impacts on the United 
States of potential Canadian tidal power development in the Bay of 
Fundy, and submit such studies to the appropriate committees of 
the Congress. 
(b) The Secretary shall conduct the studies authorized in subsec-
tion (a) of this section in two phases: 
(1) Studies to be completed not later than October 1, 1988, to 
(A) identify effects of any such projects on tidal ranges and 
resulting impacts to beaches and estuarine areas, and (B) iden-
tify further studies which would be needed to meet the require-
ments of paragraph (2) of this subsection; and 
(2) Studies to be completed not later than October 1, 1990, to 
(A) determine further environmental, social, economic, and 
institutional impacts of such tidal power development, and (B) 
determine what measures could be taken in Canada and the 
United States to offset or minimize any adverse impacts of such 
development on the United States. 
(c) In the fiscal year ending September 30, 1987, or in any fiscal 
year thereafter, there is authorized to be appropriated to the Sec-
retary the sum of $1,100,000 for the purposes of subsection (b)(1) of 
this section, and the sum of $8,900,000 for the purposes of subsection 
(b)(2) of this section, such sums to remain available until expended. 
SEC. 725. RED RIVER BASIN HYDROELECTRIC POWER STUDIES. 
The Secretary is directed to expedite the hydroelectric power 
studies of the Red River Basin Comprehensive Study, Arkansas, 
Texas, Louisiana, and Oklahoma (authorized by Public Law 98-63), 
with a particular view of investigating the feasibility of adding 
hydroelectric power generating facilities at the Tuskahoma Lake, 
Oklahoma, project. 
SEC. 726. RAINY RIVER BASIN. 
The Secretary shall conduct feasibility studies, in cooperation 
with Canada, for the purposes of providing plans for the develop-
ment, utilization, and conservation of water and related land re-
sources in the Rainy River Bsisin, Minnesota, and Ontario. Such 
studies shall include appropriate consideration of the needs for flood 
reduction, wise use of flood plain lands, navigation facilities, hydro-
electric power generation, water supply, water quality, general 
recreation facilities, enhancement and conservation of fish and 
wildlife, and wild rice production. Such study shall be compatible 
with comprehensive development plans formulated by other 
agencies. 
SEC. 727. UTAH RECONNAISSANCE STUDIES. 
(a) The Secretary is authorized to undertake the following recon-
naissance studies in the State of Utah in order to determine if 
improvements for the purposes of flood control and related purposes 
33 u s e 2266. 
Appropriation 
authorization. 
Arkansas. 
Texas. 
Louisiana. 
Oklahoma. 
97 Stat. 311. 
Canada. 
Minnesota. 
Flood control. 
Energy. 
Fish and fishing. 
Wildlife. 
Conservation. 
Agriculture and 
agricultural 
commodities. 
Flood control. 
100 STAT. 4164 
PUBLIC LAW 99-662—NOV. 17, 1986 
Appropriation 
authorization. 
33 u s e 2267. 
Environmental 
protection. 
New Jersey. 
Appropriation 
authorization. 
are economically and environmentally justified, and to report on 
such studies to Congress: 
(1) the Provo River, from the mouth of Provo Canyon to Utah 
Lake; 
(2) the existing levees along Utah Lake from the Provo River 
south along Interstate Highway 15; 
(3) Interstate Highway 15, adjacent to Utah Lake; 
J 
(4) Rock, Little Rock, and Slate Canyons in the city of Provo; 
(5) the Bear River, its tributaries and outlets; 
i 
(6) the Weber River, its tributaries and outlets; and 
(7) the Sevier River, its tributaries and outlets, 
(b) For the purposes of this section, the sum of $1,600,000 is 
authorized to be appropriated to the Secretary for fiscal years 
beginning after September 30, 1986, such sums to remain available 
until expended. 
SEC. 728. NEW YORK BIGHT STUDY. 
•tfifsfjH 
Appropriation 
authorization. 
(a) The Secretary shall study a hydro-environmental monitoring 
and information system in the New York Bight in the form of a 
system using computerized buoys and radio telemetry that allows 
for the continual monitoring (at strategically located sites through-
out the New York Bight) of the following: wind, wave, current, 
salinity and thermal gradients and sea chemistry, in order to meas-
ure the effect of changes due to air and v.^ater pollution, including 
changes due to continued dumping in the Bight. 
O
t
>
) In addition, the Secretary shall study a prbper physical 
hydraulic model of the New York Bight and for such an offshore 
model to be tied into the existing inshore physical hydraulic model 
of the Port of New York and New Jersey operated by the United 
States Army Corps of Engineers. 
(c) The Secretary shall coordinate fully with the Administrator of 
the Environmental Protection Agency in carrying out the study 
described in this section and shall report any findings and rec-
ommendations to Congress. The Secretary and the Administrator 
shall also consider the views of other appropriate Federal, State, and 
local agencies, academic institutions, and members of the public 
who are concerned about water quality in the New York Bight. 
(d) There is authorized to be appropriated not more than 
$1,000,000 per fiscal year for each of fiscal years 1987, 1988, 1989, 
1990, and 1991. 
SEC. 729. STUDY OF WATER RESOURCES NEEDS OF RIVER BASINS AND 
REGIONS. 
(a) The Secretary, in coordination with the Secretary of the 
Interior and in consultation with appropriate Federal, State, and 
local agencies, is authorized to study the water resources needs of 
river basins and regions of the United States. The Secretaries shall 
report the results of such study to Congress not later than October 1, 
1988. 
(b) In carrying out the studies authorized under subsection (a) of 
this section, the Secretaries shall consult with State, interstate, and 
local governmental entities. 
(c) There is authorized to be appropriated $5,000,000 for fiscal 
years beginning after September 30, 1986, to carry out this section. 
PUBLIC LAW 99-662—NOV. 17, 1986 
100 STAT. 4165 
SEC. 730. STUDY OF RECAPTURE OF BENEFITS OF INCREASED LAND 
VALUES. 
The Secretary shall study current practices on the sharing of costs 
related to the benefits of increased land values resulting from water 
resources projects carried out by the Secretary, together with poten-
tial methods by which any increase in land values should be shared 
between the Federal Government and the non-Federal interests. 
The Secretary shall report to Congress on the results of such study, 
along with recommendations, not later than 2 years after the date of 
enactment of this Act. 
SEC. 731. STUDY OF RISING OCEANS. 
(a) The Congress finds that increasing scientific evidence indicates 
the level of the oceans will rise significantly over the next seventy-
five years. 
(b) The Secretary, in cooperation with the National Oceanic and 
Atmospheric Administration, the Federal Emergency Management 
Agency, and other appropriate Federal, State, and local agencies 
and the private sector, is authorized to conduct a study of shoreline 
protection and beach erosion control policy and related projects of 
the Secretary, in view of the prospect for long-term increases in the 
levels of the ocean. Such study shall include, but is not limited to— 
(1) an assessment of the probability and the extent of coastal 
flooding and erosion; 
(2) an appraisal of various strategies for managing relocation, 
disinvestment, 
and reinvestment 
in coastal 
communities 
exposed to coastal flooding and erosion; 
(3) a summary of the legal and institutional impact of rising 
sea level on riparian lands; and 
(4) recommendations for new or additional criteria for Federal 
participation in shoreline protection projects. 
(c) Within three years after the date of enactment of this Act, the 
Secretary shall transmit the study prepared pursuant to subsection 
(b) of this section, together with supporting documentation and the 
recommendations of the Secretary, to the Committee on Environ-
ment and Public Works of the Senate and the Committee on Public 
Works and Transportation of the House of Representatives. 
(d) There is authorized to be appropriated $3,000,000 for fiscal 
years beginning after September 30, 1986, to carry out this section, 
such sum to remain available until expended. 
SEC. 732. SHORELINE EROSION DAMAGE ON LAKE SUPERIOR. 
The Secretary, in consultation with appropriate Federal, State, 
and local agencies, shall determine the extent of shoreline erosion 
damage in the United States causally related to the regulation of 
the waters of Lake Superior by the International Joint Commis-
sion—United States and Canada, subsequent to an emergency ap-
plication by the United States made on January 26, 1973. The 
Secretary shall report to Congress, not later than the end of the 
fiscal year following the fiscal year for which the initial appropria-
tion is made to carry out this section, the results of such survey and, 
if justified, recommendations of a methodology for and a determina-
tion of the costs of indemnifying individual property owners and a 
recommended schedule for indemnification. There is authorized to 
be appropriated to carry out this section not to exceed $2,130,000. 
33 u s e 426 note. 
Appropriation 
authorization. 
Appropriation 
authorization. 
100 STAT. 4166 
PUBLIC LAW 99-662—NOV. 17, 1986 
Florida. 
Appropriation 
authorization. 
SEC. 733. LAKE OKEECHOBEE STUDY. 
(a) The Secretary, in consultation with the Administrator of the 
Environmental Protection Agency, is authorized to undertake a 
study of the water supply potential of Lake Okeechobee in Florida, 
with particular emphasis on determining the causes of water quality 
deterioration in the lake and the impact, if any, that the Central 
and Southern Florida Irrigation Project may have on water quality 
in the lake. In undertaking the study authorized pursuant to this 
section, the Secretary shall coordinate with the State of Florida and 
shall assess the impact of short- and long-term solutions proposed by 
Federal, State, and local entities to alleviate the water quality and 
water supply problems of Lake Okeechobee. 
(b) Within two years after the first appropriation of funds for the 
study, the Secretary shall report to the Committee on Public Works 
and Transportation of the House of Representatives and the 
Committee on Environment and Public Works of the Senate on the 
results of the study authorized pursuant to this section and any 
recommendations of the Secretary concerning measures which may 
be implemented at the Federal, State, or local level to improve the 
water quality and the water supply potential of Lake Okeechobee. 
(c) There are authorized to be appropriated $1,000,000 for fiscal 
years beginning after September 30, 1986, to carry out this section. 
Ui^' 
TITLE VIII—PROJECT MODIFICATIONS 
SEC. 801. LYNNHAYEN INLET, VIRGINIA. 
The navigation project for Lynnhaven Inlet, Bay, and connecting 
waters, Virginia, authorized by section 101 of the River and Harbor 
Act of 1962 (76 Stat. 1173, 1174) is modified to provide that the 
United States shall pay for the remedial work to Long Creek Canal 
which the city of Virginia Beach, Virginia, was required to carry out 
as a result of such navigation project, at a total cost of $2,600,000, 
with a first Federal cost of $2,600,000. 
SEC. 802. ELIZABETH RIVER, VIRGINIA. 
The project for navigation on the Southern Branch of Elizabeth 
River, Virginia, authorized by resolutions of the Senate and House 
Public Works Committees, dated October 1, 1976, and September 23, 
1976, respectively, under the provisions of section 201 of Public Law 
42 use i962d-5. 89-298, is modified to delete the requirement that local interests 
contribute in cash for land enhancement benefits 2.4 percent of the 
construction cost, including engineering and design and supervision 
and administration thereof, of all work to be provided by the Corps 
of Engineers, at a total cost of $151,000, with a first Federal cost of 
$151,000. 
SEC. 803. MASSILLON, OHIO BRIDGE. 
Flood control. 
The general comprehensive plan for flood control and other pur-
poses in the Ohio River Basin authorized by the Flood Control Act 
33 use 701b. 
approved June 28, 1938, is modified to authorize the Secretary to 
reconstruct and repair the Cherry Street bridge and the Walnut 
Street bridge, Massillon, Ohio, at a total cost of $2,200,000, with an 
estimated first Federal cost of $1,100,000 and an estimated first non-
Federal cost of $1,100,000. The non-Federal share of the cost of the 
^''- 
/ 
work authorized by this section shall be 50 percent. Non-Federal 
interests shall own, operate, and, upon completion of the work 
PUBLIC LAW 99-662—NOV. 17, 1986 
100 STAT. 4167 
authorized by this section, maintain such bridges in accordance with 
the requirements of the Flood Control Act approved June 28, 1938. 33 USC 70lb. 
SEC. 804. MAMARONECK HARBOR, NEW YORK. 
The navigation project at Mamaroneck Harbor, New York, au-
thorized by the first section of the Act entitled "An Act authorizing 
the construction, repair, and preservation of certain public works on 
rivers and harbors, and for other purposes", approved September 22, 
1922 (42 Stat. 1038), the first section of the Act entitled "An Act 
authorizing the construction, repair, and preservation of certain 
public works on rivers and harbors, and for other purposes", ap-
proved August 30, 1935 (49 Stat. 1029), and section 101 of the Rivers 
and Harbors Act of 1960 (74 Stat. 480) is modified to provide that the 
Federal share of the additional cost of disposing in ocean waters 
dredged material resulting from dredging necessary to maintain the 
. . . 
project, above the cost of disposing of such dredged material on land, 
shall be 50 percent. 
SEC. 805. LAKE PONTCHARTRAIN, LOUISIANA. 
Subject to section 903(b) of this Act, the hurricane-flood protection 
Flood control. 
project for Lake Pontchartrain, Louisiana, authorized by section 204 
of the Flood Control Act of 1965 (Public Law 89-298) is modified to 79 Stat. 1074. 
provide that the Secretary is authorized to construct features, such 
^j 
as a flood wall with sluice gates or other means, at a total cost of 
$3,500,000, with an estimated first Federal cost of $2,275,000 and an 
estimated first non-Federal cost of $1,225,000, to ensure that, by the 
most economical means, the level of protection within Jefferson 
Parish provided by the hurricane-flood protection project will be 
unimpaired as the result of any pumping station constructed by 
local interests. Requirements for non-Federal cooperation for the 
additional work authorized by this section shall be on the same basis 
as levee improvements for hurricane-flood protection on this project. 
SEC. 
8
0
6
. 
REELFOOT 
LAKE, 
KENTUCKY. 
The project for Reelfoot Lake, Lake numbered 9, Kentucky, au-
thorized by resolution of the Committee on Public Works of the 
Senate adopted December 17, 1970, and resolution of the Committee 
on Public Works of the House of Representatives adopted December 
15, 1970, under section 201 of the Flood Control Act of 1965 (Public 
Law 89-298), is modified to provide that the Federal share of the cost 42 USC l962d-5. 
of operating the pumping plant feature of such project shall be 50 
percent. 
SEC. 
8
0
7
. 
YAQUINA 
BAY 
AND 
HARBOR, 
OREGON. 
Subject to section 903(a) of this Act, the Yaquina Bay and Harbor 
project, Oregon, authorized by the River and Harbor Act approved 
• *^*''' ' 
March 2, 1919, is modified to authorize the Secretary to raise the 
33 USC 551. 
south jetty to protect vehicular access which was provided at non-
Federal cost and to protect public use areas on accreted land adja-
cent to the south jetty, from damaging effects of overtopping of the 
jetty, on condition that local interests provide the necessary lands, 
" '4>' 
easements, and rights-of-way for such modification, at a total cost of 
$4,700,000, with an estimated first Federal cost of $2,350,000 and an 
estimated first non-Federal cost of $2,350,000. The non-Federal 
4;^^^ 
share of the cost of the work authorized by this section shall be 50 
• • . 
percent. 
100 STAT. 4168 
PUBLIC LAW 99-662—NOV. 17, 1986 
Flood control. 
Conservation. 
Agriculture and 
agricultural 
commodities. 
Fish and fishing. 
43 u s e 390b. 
16 u s e 460/-12 
note. 
64 Stat. 163. 
Reports. 
72 Stat. 297. 
Reports. 
Appropriation 
authorization. 
SEC. 808. SOUTH PLATTE RIVER BASIN, COLORADO. 
The project for flood control and other purposes on the South 
Platte River Basin in Colorado, authorized by the Flood Control Act 
of 1950 (64 Stat. 175) is modified to authorize the Secretary, upon 
request of and in coordination with the Colorado Department of 
Natural Resources and upon the Chief of Engineers' finding of 
feasibility and economic justification, to reassign a portion of the 
storage space in the Chatfield Lake project to joint flood control-
conservation purposes, including storage for municipal and indus-
trial water supply, agriculture, and recreation and fishery habitat 
protection and enhancement. Appropriate non-Federal interests 
shall agree to repay the cost allocated to such storage in accordance 
with the provisions of the Water Supply Act of 1958, the Federal 
Water Project Recreation Act, and such other Federal laws as the 
Secretary determines appropriate. 
„, 
SEC. 809. KING HARBOR, REDONDO BEACH, CALIFORNIA. 
The project for King Harbor, Redondo Beach, California, au-
thorized in the River and Harbor Act of 1950, is modified to provide 
that— 
(1) the Secretary is authorized to carry out maintenance 
dredging; 
(2) if recommended in a report of the Chief of Engineers, the 
Secretary is authorized to construct the breakwaters to a height 
of 22 feet and maintain the breakwaters at such height, in 
accordance with such report; and 
(3) the Secretary is authorized to carry out planning, 
engineering, and design for a project to raise the breakwater to 
a height greater than 22 feet. 
The non-Federal share of the cost of the work authorized by this 
section shall be 50 percent. 
SEC. 810. HONOLULU HARBOR, HA 
WAIL 
» 
,.. r v 
.',u 
The plan for the harbor improvement at Honolulu Harbor, Oahu, 
Hawaii, authorized by section 301 of the River and Harbor Act of 
1965 (79 Stat. 1092) is modified to delete the requirement that local 
interests contribute in cash, prior to initiation of construction, a 
lump sum amounting to 2.6 percent of the estimated first cost of the 
general navigation facilities for the project, ascribed to land 
enhancement through disposition of dredged material. 
SEC. 811. SANTA CRUZ HARBOR, SANTA CRUZ, CALIFORNIA. 
(a) Subject to section 903(a) of this Act, the navigation project for 
Santa Cruz Harbor, Santa Cruz, California, authorized in section 101 
of the River and Harbor Act of 1958 (Public Law 85-500) is modified 
to authorize the Secretary to seal the east jetty of such harbor to 
prevent sand from passing through, at a total cost of $4,000,000, with 
an estimated first Federal cost of $3,000,000 and an estimated first 
non-Federal cost of $1,000,000. 
(b) The Secretary shall conduct a feasibility study of the long-term 
solutions to the shoaling problems in Santa Cruz Harbor and shall 
report the results of such study, along with recommendations, to the 
Congress upon completion of such study. There is authorized to be 
appropriated $600,000 for fiscal years beginning after Septembe 30, 
1986, to carry out such study. 
PUBLIC LAW 99-662—NOV. 17, 1986 
100 STAT. 4169 
SEC. 812. MOUTH OF THE COLORADO RIVER, TEXAS. 
The project for the mouth of the Colorado River, Texas, authorized 
pursuant to section 101 of the River and Harbor Act of 1968 (82 Stat. 
732), is modified to provide that the diversion features of the au-
thorized project, to divert Colorado River flows into Matagorda Bay, 
shall be constructed in accordance with the cost sharing described in 
section 906(e) for activities providing enhancement benefits to spe-
cies identified as having national economic importance by the Na-
tional Marine Fisheries Service. The non-Federal share of the cost of 
operation and maintenance of the modification shall be 25 percent 
in accordance with section 906(e). The Secretary is directed to 
construct the remaining navigation features and diversion features 
concurrently. 
SEC. 813. ALABAMA-COOSA RIVER AND TRIBUTARIES, ALABAMA. 
The comprehensive plan for the development of the water re-
sources of the Alabama-Coosa River and tributaries, authorized by 
section 2 of the River and Harbor Act approved March 2, 1945 (59 
Stat. 10), as modified by Public Law 83-436, approved June 29, 1954 
(68 Stat. 302), is further modified as follows: the plan for the Coosa 
River segment of the waterway between Montgomery and Gadsden, 
Alabama, is modified to authorize the Secretary to carry out plan-
ning, engineering, and design for a project generally in accordance 
with the plans contained in the report of the District Engineer, 
Mobile District, entitled "Montgomery to Gadsden, Coosa River 
Channel, Alabama, Design Memorandum No. 1, General Design", 
dated May 1982. 
SEC. 814. LAFARGE DAM, KICKAPOO RIVER, WISCONSIN. 
(a) The LaFarge Dam project for flood control and allied purposes 
for the Kickapoo River, Wisconsin, authorized by the Flood Control 
Act of 1962, is modified to authorize and direct the Secretary to 
construct as soon as possible under section 205 of the Flood Control 
Act of 1948, the flood control levee, channel improvement, and 
interior drainage facilities for Gays Mills, Wisconsin, substantially 
in accordance with the recommendations of the Chief of Engineers 
in House Document Numbered 450, Eighty-seventh Congress, at a 
total cost of $5,000,000, with an estimated first Federal cost of 
$3,750,000 and an estimated first non-Federal cost of $1,250,000. 
Benefits and costs resulting from construction of such project fea-
tures shall continue to be included for purposes of determining the 
economic feasibility of completing the partially constructed LaFarge 
Dam. 
0?) The Secretary is authorized and directed to complete as soon as 
possible a reconnaissance study under section 205 of the Flood 
Control Act of 1948 with respect to such structural and non-
structural measures as the Secretary determines are necessary 
and appropriate to prevent flood damage in the vicinity of Viola, 
Wisconsin. 
SEC. 815. WINONA, MINNESOTA. 
The project for flood protection at Winona, Minnesota, authorized 
under the provisions of section 201 of the Flood Control Act of 1965, 
is modified to provide that the non-Federal share of the cost of 
changes to two bridges within the limits of the city of Winona, 
Minnesota, made necessary by the project and its present plan of 
protection shall be 50 percent, at a total cost of $630,000, with an 
Jrja' 
Flood control. 
76 Stat. 1180. 
33 u s e 701s. 
Bridges. 
42 u s e 1962d-5. 
100 STAT. 4170 
PUBLIC LAW 99-662—NOV. 17, 1986 
87 Stat. 30. 
87 Stat. 31. 
Contracts. 
33 u s e 577. 
Mexico. 
estimated first Federal cost of $315,000 and an estimated first non-
Federal cost of $315,000. 
SEC. 816. LITTLE CALUMET RIVER. 
' 
(a) Subsection (a) of section 66 of the Water Resources Develop-
ment Act of 1974 (Public Law 93-251) is amended by striking out the 
period at the end thereof and inserting in lieu thereof a comma and 
the following: "and thereafter to maintain such channel free of such 
trees, roots, silt, debris, and objects, at a total cost of $10,000,000, 
with an estimated first Federal cost of $5,000,000 and an estimated 
first non-Federal cost of $5,000,000.". 
O
b
) Subsection Ot)) of section 66 of the Water Resources Develop-
ment Act of 1974 (Public Law 93-251) is amended by adding at end 
thereof the following new sentence: "Non-Federal interests shall pay 
50 percent of the cost of maintaining the channel free of such trees, 
roots, silt, debris, and objects.". 
SEC. 817. NORTH BRANCH CHICAGO RIVER 
-
The second sentence of subsection O
t
>
) of section 116 of the River 
and Harbor Act of 1970 (84 Stat. 1822) is amended to read as follows: 
"The Secretary of the Army shall, before beginning any operation to 
maintain the channel authorized by this section, enter into a sepa-
rate agreement with the appropriate non-Federal interests which is 
applicable only to that operation and which requires such non-
Federal interests to pay 50 percent of the cost of such maintenance 
operation.". 
SEC. 818. BRAZOS RIVER BASIN, TEXAS. 
The second paragraph under the center heading "BRAZOS RIVER 
BASIN" in section 10 of the Flood Control Act of 1946 (60 Stat. 649), is 
amended by inserting "or water supply" after "irrigation". 
SEC. 
8
1
9
. 
HOUSTON 
SHIP 
CHANNEL, 
TEXAS. 
The project for navigation at the Houston Ship Channel (Greens 
Bayou), Texas, authorized pursuant to section 301 of the River and 
Harbor Act of 1965 (79 Stat. 1091), the project for navigation at the 
Houston Ship Channel (Barbour Terminal Channel), Texas, au-
thorized pursuant to section 107 of the River and Harbor Act of 1960 
(74 Stat. 486), and the project for navigation at the Houston Ship 
Channel (Ba)nport Ship Channel), Texas, authorized by section 101 of 
the River and Harbor Act of 1958 (72 Stat. 298), are modified to 
authorize and direct the Secretary to assume responsibility for 
maintenance to forty-foot project depths, as constructed by non-
Federal interests prior to enactment of this Act. 
SEC. 
8
2
0
. 
RIO 
GRANDE 
BANK 
PROTECTION, 
TEXAS. 
(a) Bank protection activities conducted under the Rio Grande 
bank protection project pursuant to the First Deficiency Appropria-
tion Act, 1945, approved April 25, 1945 (59 Stat. 89), may be under-
taken in Starr County, Texas, notwithstanding any provision of such 
Act establishing the counties in which such bank protection activi-
ties may be undertaken. 
O
b
) Any bank protection activity undertaken in Starr County, 
Texsis, pursuant to subsection (a) of this section shall be— 
(1) in accordance with such specifications as may be prepared 
for such purpose by the International Boundary and Water 
,,: Commission, United States and Mexico; and 
PUBLIC LAW 99-662—NOV. 17, 1986 
100 STAT. 4171 
(2) except as provided in subsection (a), subject to the terms 
and conditions generally applicable to activities conducted 
under the Rio Grande bank protection project. 
SEC. 821. ANACOSTIA RIVER, DISTRICT OF COLUMBIA AND MARYLAND. 
The project for the Anacostia River and tributaries, District of 
Columbia and Maryland, approved under authority of section 205 of 
the Flood Control Act of 1948, is modified to authorize the Secretary 33 USC 70ls. 
to carry out planning, engineering, and design to prevent damage to 
the project caused by the one hundred-year flood, including, but not 
limited to, replacing riprap, removing sediment deposits, shaping 
and sodding slopes, and seeding, at a total cost of $250,000. 
SEC. 822. YAZOO RIVER, MISSISSIPPL 
The navigation project for Yazoo River, Mississippi, authorized by Bridges. 
the River and Harbor Act of 1968, is modified to provide that the 82 Stat. 731. 
Federal share of the cost of the alteration of the Shepardstown 
Bridge (mile 147.8) shall be 50 percent, at a total cost of $3,800,000, 
with an estimated first Federal cost of $1,900,000 and an estimated 
first non-Federal cost of $1,900,000. 
SEC. 823. CORTE MADERA CREEK, MARIN COUNTY, CALIFORNIA. 
The project for flood control on Corte Madera Creek, Marin Flood control. 
County, California, authorized by section 201 of the Flood Control 
Act of 1962 is modified to authorize and direct the Secretary to 76 Stat. 1180. 
construct the project for unit 4, from the vicinity of Lagunitas Road 
Bridge to Sir Francis Drake Boulevard, substantially in accordance 
with the plan, dated February 1977, on file in the office of the San 
Francisco district engineer. The plan is further modified to au-
thorize and direct the Secretary to construct such flood-proofing 
measures as may be necessary to individual properties and other 
necessary structural measures in the vicinity of Lagunitas Road 
<
' 
Bridge to insure the proper functioning of the completed portions of 
the authorized project. The project is further modified to elimi-
nate any channel modifications upstream of Sir Francis Drake 
Boulevard. 
SEC. 824. TECHE-VERMILION BASINS, LOUISIANA. 
The project for improvement of the Mississippi River below Cape Bridges. 
Girardeau with respect to the Teche-Vermilion Basins, Louisiana, 
authorized in the Flood Control Act of 1966, is modified to require 
33 USC 70lc 
the Secretary to relocate the Highway 71 bridge required to be note. 
relocated by this project or, at his discretion, to reimburse local 
interests for the Federal share of the cost of such relocation carried 
out by them, at a total cost of $1,200,000, with an estimated first 
Federal cost of $600,000 and an estimated first non-Federal cost of 
$600,000. The non-Federal share of the cost of the work authorized 
by this section shall be 50 percent. 
SEC. 825. LEWISVILLE LAKE, TEXAS. 
Subject to section 903(a) of this Act, the project for Lewisville 
Lake, Texas, authorized by the River and Harbor Act approved 
March 2, 1945, is modified to authorize and direct the Secretary to 33 USC 603a. 
take such actions as may be necessary to insure that approximately 
four thousand feet, including bridges and approaches, of the road 
crossing Cottonwood Branch of Lewisville Lake, Texas, formerly 
designated State Highway 24T, will be above elevation five hundred 
and thirty-two feet above mean sea level, at a total cost of 
100 STAT. 4172 
PUBLIC LAW 99-662—NOV. 17, 1986 
'omfu 
Bridges. 
60 Stat. 634. 
33 use 701a. 
33 use 701b. 
.8-i;ibf 
61 Stat. 866. 
Flood control. 
33 use 701c 
note. 
$3,000,000, with an estimated first Federal cost of $1,500,000 and an 
estimated first non-Federal cost of $1,500,000. Prior to the undertak-
ing of the work authorized by this section, appropriate non-Federal 
interests shall agree to furnish, without cost to the United States, 
lands, easements, and rights-of-way necessary for the work, to hold 
and save the United States free from damages due to the work and 
to accept all such work thereafter for operation and maintenance. 
The non-Federal share of the cost of the work authorized by this 
section shall be 50 percent 
SEC. 
8
2
6
. 
DARDANELLE 
LOCK 
AND 
DAM, 
ARKANSAS. 
Subject to section 903(a) of this Act, the project for Dardanelle 
Lock and Dam, Arkansas, authorized by the River and Harbor Act 
approved July 24, 1946, is modified to authorize and direct the 
Secretary to take such action as may be necessary to replace the 
existing bridge across Cane Creek, Logan County, Arkansas, with a 
new bridge, at a total cost of $2,000,000, with an estimated first 
Federal cost of $1,000,000 and an estimated first non-Federal cost of 
$1,000,000. Prior to the undertaking of the work authorized by this 
section, appropriate non-Federal interests shall agree to furnish 
without cost to the United States lands, easements, and rights-of-
way necessary for the work, to hold and save the United States free 
from damages due to the work, and to accept all such work there-
after for operation and maintenance. The non-Federal share of the 
cost of the work authorized by this section shall be 50 percent. 
SEC. 827. SUSQUEHANNA RIVER AT SUNBURY, PENNSYLVANIA. 
The project for flood protection on the Susquehanna River at 
Sunbury, Pennsylvania, authorized by the Flood Control Act of 1936, 
as modified by the Flood Control Act of 1941, is modified to au-
thorize and direct the Secretary to permanently seal the closure 
structure at the abandoned Reading Railroad site, at a total cost of 
$75,000, with an estimated first Federal cost of $56,000 and an 
estimated first non-Federal cost of $19,000. Cost sharing applicable 
to flood control projects shall apply to the project under this section. 
SEC. 828. HUDSON RIVER, NEW YORK CITY TO WATERFORD. 
The project for the Hudson River, New York; New York City to 
Waterford, authorized by the Act of June 25, 1910 (Public Law 318, 
Sixty-first Congress), is modified to authorize the Secretary, if rec-
ommended in a report of the Chief of Engineers, to remove shoals 
between the mouth of Roeliff Jansen Kill, Columbia County, New 
York, and the present navigation channel and to place such re-
moved material at an appropriate site designated by the State of 
New York, in accordance with such report, at a total cost of 
$150,000, with an estimated first Federal cost of $113,000 and an 
estimated first non-Federal cost of $37,000. 
^ 
SEC. 829. SAN LORENZO RIVER, SANTA CRUZ COUNTY, CALIFORNIA. 
The flood control project for the San Lorenzo River, Santa Cruz 
County, California, authorized by the Flood Control Act of 1954, is 
modified to authorize and direct the Secretary to carry out planning, 
engineering, and design for a project to dredge the San Lorenzo 
River to provide flood protection to Santa Cruz, California, and 
surrounding areas, at a total cost of $1,350,000. 
PUBLIC LAW 99-662—NOV. 17, 1986 
100 STAT. 4173 
SEC. 830. COLUSA TROUGH DRAINAGE CANAL, SACRAMENTO RIVER AND 
TRIBUTARIES, CALIFORNIA. 
Subject to section 903(a) of this Act, the project for flood protection 
along the Sacramento River and its tributaries, California, au-
thorized by the Flood Control Act of 1917, is modified to authorize 33 USC 702. 
and direct the Secretary to accomplish remedial construction nec-
essary to restore the project flood control levees along the Colusa 
Trough Drainage Canal and the Knights Landing Ridge Cut, in 
accordance with such report, at a total cost of $11,000,000, with an 
estimated first Federal cost of $8,250,000 and an estimated first non-
Federal cost of $2,750,000. 
SEC. 
8
3
1
. 
GREAT 
EGG 
HARBOR, 
CORSON, 
AND 
TOWNSEND 
INLETS, 
NEW 
JERSEY. 
The following water resources development projects are modified 
to authorize the Secretary, if recommended in a report of the Chief 
of Engineers, to construct the beach erosion control, storm protec-
tion, or navigation feature of the project separately or in combina-
tion with the other such features, in accordance with such report: 
(1) Great Egg Harbor Inlet and Peck Beach, New Jersey, 
authorized in accordance with section 201 of the Flood Control 
Act of 1965 (79 Stat. 1073,1074). 
42 use i962d-5. 
(2) Corson Inlet and Ludlam Beach, New Jersey, authorized in 
accordance with section 201 of the Flood Control Act of 1965. 
(3) Townsend Inlet and Seven Mile Beach, New Jersey, au-
thorized in accordance with section 201 of the Flood Control Act 
of 1965. 
The non-Federal share for any such feature which is separately 
constructed shall be the appropriate non-Federal share for that 
feature. 
SEC. 832. APALACHICOLA-CHATTAHOOCHEE-FLINT 
RIVERS, 
GEORGIA 
AND FLORIDA. 
Subject to section 903(b) of this Act, the project for the Apalachi-
cola-Chattahoochee-Flint Rivers, Georgia and Florida, authorized in 
section 2 of the River and Harbor Act of 1945 (Public Law 79-14; 59 
*^' J « 
Stat. 10) is modified to authorize the Secretary— 
(1) in the course of routine maintenance dredging, to restore 
and maintain access (in the interest of navigation and ecological 
restoration) to bendways and interconnecting waterways, 
including the upper and lower inlets to Poloway cutoff, isolated 
during construction and maintenance activities by the Federal 
Government; and 
(2) to acquire lands for and to construct, operate, and main-
tain water-related public use and access facilities along and 
adjacent to the Apalachicola River downstream of Jim Wood-
ruff lock and dam to Apalachicola, Florida, except that the 
Secretary shall proceed with the acquisition of lands for the 
construction of water-related public use and access facilities and 
the operation and maintenance of such facilities at not more 
than one area within each county bordering the Apalachicola 
,- . ,i 
River; 
at a total cost of $4,400,000, with an estimated first Federal cost of 
$2,950,000 and an estimated first non-Federal cost of $1,450,000. 
100 STAT. 4174 
PUBLIC LAW 99-662—NOV. 17, 1986 
Flood control. 
Bridges. 
79 Stat. 1074. 
SEC. 833. MILK RIVER, HAVRE, MONTANA. 
Subject to section 903(b) of this Act, the project on Milk River for 
local flood protection at Havre, Montana, authorized by section 10 of 
the Flood Control Act approved December 22, 1944 (58 Stat. 897), is 
1 V ; >!; 
modified to authorize the Secretary to reconstruct or replace, which-
ever the Chief of Engineers determines necessary and appropriate, 
the water supply intake weir of the city of Havre, Montana, at a 
total cost of $1,400,000. 
SEC. 834. CURWENSVILLE LAKE, PENNSYLVANIA. 
The project for Curwensville Lake, Pennsylvania, authorized by 
33 use 701c 
the Flood Control Act of 1954 is hereby modified to authorize the 
note. 
Secretary to construct a water line with pumps from the Pike 
Township Water Authority to the Bloomington holding tank in 
order to provide water for municipal use to the town of Blooming-
ton, Pennsylvania, at a total cost of $300,000, with an estimated first 
Federal cost of $225,000 and an estimated first non-Federal cost of 
$75,000. The non-Federal share of the cost of such project shall be 25 
percent. 
SEC. 835. WATERLOO, IOWA. 
The project for flood protection, Waterloo, Iowa, authorized by 
section 204 of the Flood Control Act of 1965 is modified to provide 
for the reconstruction of the bridge on United States Highway 20 
and the Lafayette Street bridge which are required as a result of the 
Blowers Creek phase of the prmect a total cost of $2,250,000, with an 
estimated first Federal cost of $1,125,000 and an estimated first non-
Federal cost of $1,125,000. The non-Federal share of the cost of the 
work authorized by this section shall be 50 percent. 
SEC. 836. MUD LAKE, WESTERN TENNESSEE TRIBUTARIES. 
Kentucky. 
The Mud Lake feature of the project for the western Tennessee 
tributaries, Tennessee and Kentucky, authorized by resolution of 
the Committee on Public Works of the Senate adopted December 17, 
1970, and resolution of the Committee on Public Works of the House 
of Representatives adopted December 15, 1970, under section 201 of 
42 use l962d-5. 
the Flood Control Act of 1965 (Public Law 89-298), is modified to 
provide that the requirements of local cooperation shall be (1) 50 
percent of the value of the lands, easements, and rights-of-way, (2) to 
hold and save the United States free from damages due to the 
construction works, and (3) to maintain and operate all the works 
after completion in accordance with regulations prescribed b^' the 
Secretary. 
SEC. 837. KAWKAWLIN RIVER, MICHIGAN. 
Flood control. 
The project for flood control on the Kawkawlin River, Michigan, 
authorized under the authority of section 205 of the Flood Control 
33 use 701s. 
Act of 1948, is modified to provide that the Federal share of the cost 
of operation and maintenance of the project shall be 50 percent. 
SEC. 838. DENISON DAM (LAKE TEXOMA), RED RIVER, TEXAS AND 
OKLAHOMA. 
Energy. 
(a) The project for Denison Dam (Lake Texoma), Red River, Texas 
and Oklahoma, authorized by the Flood Control Act approved 
June 28, 1938 (52 Stat. 1219), is modified to provide that the Sec-
retary is authorized to reallocate from hydropower storage to water 
supply storage, in increments as needed, up to an additional 150,000 
PUBLIC LAW 99-662—NOV. 17, 1986 
100 STAT. 4175 
acre-feet for municipal, industrial, and agricultural water users in 
the State of Texas and up to 150,000 acre-feet for municipal, indus-
trial, and agricultural water users in the State of Oklahoma. 
(b) For that portion of the water storage reserved for users in the 
Contracts. 
State of Oklahoma, the Secretary may contract, in increments as 
needed, with qualified individuals, entities, or water utility systems 
for use within the Red River Basin; except that for any portion of 
that water to be utilized outside the Red River Basin, the Secretary 
shall contract with the RedArk Development Authority. 
(c) For that portion of the water storage reserved for users in the Contracts. 
State of Texas, the Secretary shall contract, in increments as 
needed, for 50,000 acre-feet with the Greater Texoma Utility 
Authority and 100,000 acre-feet with other qualified individuals, 
entities, or water utility systems. Nothing in the preceding sentence 
shall supersede any requirement of State law with respect to the use 
of any water subject to a contract. 
(d)(1) All contracts entered into by the Secretary under this Contracts, 
section shall be under terms in accordance with section 301(b) of the 
Water Supply Act of 1958 (Public Law 85-500), as amended by 43USC390b 
section 932 of this Act. 
note. 
(2) No payment shall be required from and no interest shall be 
charged to users in the States of Oklahoma or Texas for the 
* 
reallocation authorized by this section until such time as the water 
supply storage reserved under such reallocation is actually first 
"
^ 
used. Any contract entered into for the use of the water received 
under this section shall require the contracting entity to begin 
principal and interest payments on that portion of the water allo-
cated under the contract at the time the entity begins the use of 
such water. Until such time, storage for which reallocation is au-
thorized in this section may be used for hydropower production. 
(3) With respect to any water supply contract entered into by the 
Secretary under this section after June 1, 1985, the Secretary shall 
determine (A) the amount of hydropower lost, if any, as a result of 
the implementation of such contract, and (B) the replacement cost of 
the hydropower lost (where replacement cost is defined as the cost to 
purchase power from existing alternative sources). If hydropower is 
lost as a result of the implementation of such contract, the Secretary 
shall provide credits to the Southwestern Power Administration of 
amounts equal to such replacement costs. Such credits shall be 
against sums required to be paid by the Southwestern Power 
Administration for costs of the project allocated to hydropower. In 
each such case the Southwestern Power Administration shall re-
imburse each preference customer for an amount equal to the 
;, ., b . 
customer's actual replacement cost for hydropower lost as a result of 
the implementation of such contract, less the cost such customer 
would have had to pay to the Southwestern Power Administration 
for such hydropower. 
(4) The Secretary may not increase payments of water users under 
Arkansas. 
a water supply contract under this section on account of the credits 
Louisiana. 
and reimbursement required to be provided under this section. 
(e) Nothing in this section shall be construed as amending or 
altering in any way the Red River Compact. In consideration of 
benefits in connection with such reallocation and usage of munici-
pal, industrial, and agricultural water, all benefits that can be 
assigned to the Red River chloride control project, Texas and Okla-
homa, or the Red River and tributaries multipurpose study, Okla-
homa, Texas, Arkansas, and Louisiana, and any individual projects 
100 STAT. 4176 
PUBLIC LAW 99-662—NOV. 17, 1986 
arising from such study, shall be reserved for such projects. Nothing 
in this section shall affect water rights under the laws of the States 
of Texas and Oklahoma. 
.. ;{. o » 
(f) Such project is further modified to include recreation as a 
project purpose. 
SEC. 
8
3
9
. 
BUFFALO 
SHIP 
CANAL, 
BUFFALO, 
NEW 
YORK. 
Subject to section 903(a) of this Act, the navigation project for 
Buffalo Ship Canal, Buffalo, New York, authorized by the River and 
33 use 544b, 
Harbor Act of March 2, 1945, is modified to authorize and direct the 
603a. 
Secretary to take such actions as may be necessary to construct a 
high-lift span bridge in the vicinity of the Coast Guard station, 
approximately 3,600 feet north of South Michigan Avenue, over the 
ship channel, at a total cost of $18,000,000, with an estimated first 
Federal cost of $9,000,000 and an estimated first non-Federal cost of 
$9,000,000. The non-Federal share of the cost of the work authorized 
. c't-.r 
by this section shall be 50 percent. 
SEC. 840. JACKSON HOLE SNAKE RIVER, WYOMING. 
^ 
- ' 
rpj^g project for Jackson Hole Snake River local protection and 
levees, Wyoming, authorized by the River and Harbors Act of 1950 
33 use 534, 574 (Public Law 81-516), is modified to provide that the operation and 
note. 
maintenance of the project, and additions and modifications thereto 
constructed by non-Federal sponsors, shall be the responsibility of 
the Secretary: Provided, That non-Federal sponsors shall pay the 
initial $35,000 in cash or materials of any such cost expended in any 
one year, plus inflation as of the date of enactment of this Act. 
SEC. 841. NEWPORT BAY HARBOR, CALIFORNIA. 
Subject to section 903(b) of this Act, the project for navigation for 
Newport Bay Harbor, Orange County, California, authorized by the 
River and Harbor Act approved August 26, 1937 (50 Stat. 849), and 
section 2 of the River and Harbor Act approved March 2, 1945 (59 
Stat. 21), is modified to authorize the Secretary to dredge and 
maintain a 250-foot wide channel in the Upper Newport Bay to the 
boundary of the Upper Newport Bay State Ecological Preserve to a 
depth of 15 feet mean lower low water, and to deepen the channel in 
the existing project below the Pacific Coast Highway bridge to a 
depth of 15 feet mean lower low water, at a total cost of $3,500,000, 
with an estimated first Federal cost of $3,150,000 and an estimated 
first non-Federal cost of $350,000. 
SEC. 842. SOUTH PLATTE RIVER BASIN, COLORADO. 
Flood control. 
The project for flood control and other purposes in the South 
Platte River Basin in Colorado, authorized by the Flood Control Act 
of 1950 (64 Stat. 175), is modified to provide that the Chatfield Dam 
and any other authorized Federal improvements in the South Platte 
River Basin shall be operated in a manner that achieves the au-
'^'^ 
thorized level of flood protection, as determined by the Secretary, for 
"' 
the area beginning at the Chatfield Dam and ending at a point 82 
miles downstream. 
SEC. 843. BEAVER LAKE, ARKANSAS. 
Subject to section 903(a) of this Act, the multipurpose project at 
68 Stat. 1256. 
Beaver Lake, Arkansas, authorized by the Flood Control Act of 1954, 
is modified to authorize and direct the Secretary, in cooperation 
with the Administrator of the Environmental Protection Agency 
and in consultation with appropriate State and local agencies, to 
PUBLIC LAW 99-662—NOV. 17, 1986 
100 STAT. 4177 
conduct a one-year comprehensive study of the Beaver Lake res-
ervoir to identify measures which will optimize achievement of the 
project's purposes while preserving and enhancing the quality of the 
reservoir's water. Upon completion of the study the Secretary shall 
undertake a project at Beaver Lake to determine the effectiveness of 
measures identified in such study for preserving and enhancing the 
g i : 
quality of the reservoir's water for current and future users, at a 
^ 
total cost of $5,100,000, with an estimated first Federal cost of 
$3,825,000 and an estimated first non-Federal cost of $1,275,000. The 
non-Federal share of the cost of the modification authorized by this 
section shall be 25 percent. 
SEC. 844. MISSISSIPPI RIVER-GULF OUTLET. 
(a) Subject to section 903(a) of this Act, the Mississippi River-Gulf 
outlet feature of the project for Mississippi River, Baton Rouge to 
Gulf of Mexico, authorized by the Act of March 29, 1956 (Public Law 
455 of the Eighty-fourth Congress, 70 Stat. 65), is modified to provide 
that the replacement and expansion of the existing industrial canal 
lock and connecting channels or the construction of an additional 
lock and connecting channels shall be in the area of the existing 
lock or at the Violet site, at a total cost of $714,300,000. Before 
selecting the site under the preceding sentence, the Secretary shall 
consult with affected local communities. The costs of such modifica-
tion shall be allocated between general cargo navigation and inland 
s 
navigation, based on use patterns determined by the Secretary. Of 
the costs allocated to inland navigation, one-half of the Federal costs 
shall be paid from the Inland Waterways Trust Fund and one-half of 
the Federal costs shall be paid from the General Fund of the Treas-
ury. With respect to the costs allocated to general cargo navigation, 
cost sharing provided in section 101 shall apply. 
(b) The Secretary is directed to make a maximum effort to assure Minorities. 
the full participation of members of minority groups, living in the 
affected areas, in the construction of the replacement or additional 
lock and connecting channels authorized by subsection (a) of this 
section, including actions to encourage the use, wherever possible, of 
minority-owned firms. The Secretary is directed to report on July 1 Reports. 
of each year to the Congress on the implementation of this section, 
together with recommendations for any legislation that may be 
needed to assure the fuller and more equitable participation of 
members of minority groups in this project or others under the 
- 
M.5 hh 
direction of the Secretary. 
SEC. 845. SAGINAW RIVER. MICHIGAN. 
The project for flood protection on the Saginaw River, Michigan, 
authorized by the Flood Control Act of 1958 (Public Law 85-500), is 33 USC 701b-8a. 
modified (1) to provide that the Secretary shall first construct the 
Flint and Shiawassee Rivers portion of the Shiawassee Flats unit of 
such project and that such construction shall begin, with available 
funds, during fiscal year 1987 and (2) to authorize the Secretary to 
reconstruct or relocate, whichever the Secretary determines is nec-
essary, the Curtis Road Bridge, at a total cost of $626,000, with an 
estimated first Federal cost of $313,000 and an estimated first non- 
, ,e vu 
Federal cost of $313,000. The non-Federal share of the cost of the 
work authorized by the preceding sentence shall be 50 percent. The 
Secretary is also authorized to carry out planning, engineering, and 
design of measures to alleviate project-induced flood damages to 
areas outside the project area and such channelization measures in 
100 STAT. 4178 
PUBLIC LAW 99-662—NOV. 17, 1986 
33 u s e 534, 574 
note. 
Flood control. 
Contracts. 
Appropriation 
authorization. 
42 u s e 1962d-5. 
68 Stat. 1248. 
the Shiawassee Flats unit as the Secretary determines necessary for 
flood control purposes. 
SEC. 
8
4
6
. 
BRUNSWICK 
HARBOR, 
GEORGIA. 
The navigation project for Brunswick Harbor, Georgia, authorized 
by the River and Harbor Act of 1950, is modified to incorporate the 
Georgia Ports Authority's 30-foot-deep by 300-foot-wide by 8,000-foot-
long channel in the South Brunswick River serving Colonel's Island 
terminal facilities. 
SEC. 847. HANSEN DAM, LOS ANGELES AND SAN GABRIEL RIVERS, 
CALIFORNIA. 
(a) The Hansen Dam project authorized as part of the flood control 
project for the Los Angeles and San Gabriel Rivers, California, by 
section 5 of the Flood Control Act approved June 22, 1936 (49 Stat. 
1589), is modified to authorize the Secretary to contract for the 
removal and sale of dredged material from the flood control basin 
for Hansen Dam, Los Angeles County, California, for the purposes of 
facilitating flood control, recreation, and water conservation. All 
funds received by the Secretary from the removal and sale of such 
dredged material shall be deposited in the General Fund of the 
Treasury. 
Oa) There is authorized to be appropriated for fiscal years begin-
ning after September 30, 1986, an amount not to exceed the amount 
of funds received by the Secretary from the removal and sale of 
dredged material under subsection (a). Amounts appropriated under 
this subsection shall be available to the Secretary— 
(1) to construct, operate, and maintain recreational facilities 
at the Hansen Dam project; and 
(2) to the extent consistent with other authorized project 
purposes, to facilitate water conservation and ground water 
recharge measures at the Hansen Dam project in coordination 
with the city of Los Angeles, California, and the Los Angeles 
County Flood Control District; 
at full Federal expense. 
SEC. 
8
4
8
. 
DUNKIRK 
HARBOR, 
NEW 
YORK. 
Subject to section 903(a) of this Act, the project for navigation, 
Dunkirk Harbor, New York, authorized by section 201 of the Flood 
Control Act of 1965 and approved by resolution of the Committee on 
Public Works of the House of Representatives, dated December 15, 
1970, and resolution of the Committee on Public Works of the 
Senate, dated June 22, 1971, is modified to authorize the Secretary 
to include dredging and maintenance of the eastern inner harbor of 
such project in accordance with such plans as the Secretary, in 
consultation with appropriate non-Federal interests, may develop, 
at a total cost of $4,600,000, with an estimated first Federal cost of 
$2,300,000 and an estimated first non-Federal cost of $2,300,000. 
SEC. 
8
4
9
. 
KALIHI 
CHANNEL, 
HONOLULU 
HARBOR, 
HAWAII. 
(a) The project for navigation for Honolulu Harbor, Hawaii, au-
thorized by section 101 of the River and Harbor Act of 1954, is 
modified to authorize and direct the Secretary to maintain a 23-foot 
project depth in the Kalihi Channel portion of such project. 
(b) The consent of Congress is given to the State of Hawaii to 
construct, operate, and maintain a fixed-span bridge in and over the 
water of the Kalihi Channel, Honolulu Harbor, Hawaii. 
PUBLIC LAW 99-662—NOV. 17, 1986 
100 STAT. 4179 
SEC. 850. BAYOU LAFOURCHE, LOUISIANA. 
The project for navigation, Bayou Lafourche and Lafourche-Jump 
Waterway, Louisiana, authorized by the River and Harbor Act of 
August 30, 1935, is modified to authorize the Secretary to carry out 33 USC 540. 
planning, engineering, and design for a project for the maintenance 
by the Secretary of a channel 30 feet deep from mile minus 2 to mile 
0 in Belle Pass and of a channel 24 feet deep from mile 0 to mile 4 in 
Bayou Lafourche. The Secretary is authorized and directed to study 
the feasibility of deepening the channel from mile 0 to mile 4 in 
Bayou Lafourche to 30 feet. The Secretary shall report the results of Reports, 
such study with recommendations to the Committee on Public 
Works and Transportation of the House of Representatives and the 
Committee on Environment and Public Works of the Senate. 
SEC. 851. NOYO, MENDOCINO COUNTY, CALIFORNIA. 
(a) The project for harbor improvement at Noyo, Mendocino 
County, California, authorized by the River and Harbor Act of 1962 
(76 Stat. 1173), is modified to provide that the non-Federal interests 
shall contribute 50 percent of the cost of areas required for initial 
and subsequent disposal of dredged material, and of necessary 
retaining dikes, bulkheads, embankments, and movement of mate-
rials therefor. 
(b) If, in lieu of diked disposal, the Secretary determines ocean 
,^ 
disposal is necessary to carry out the project, the Federal share of 
the cost of such ocean disposal shall be 100 percent. 
SEC. 852. ENDICOTT, JOHNSON CITY, AND VESTAL, NEW YORK. 
Subject to section 903(a), the project for flood control, Endicott, Flood control. 
Johnson City, and Vestal, New York, authorized by the Flood 
Control Act of 1954, is modified to authorize the Secretary to 68 Stat. 1256. 
undertake such measures as may be necessary to correct erosion 
problems affecting the levee at Vestal, New York, and to perform 
necessary work to protect the levee and restore it to its design 
condition, at a total cost of $700,000, with an estimated first Federal 
cost of $525,000 and an estimated first non-Federal cost of $175,000. 
The non-Federal share of the cost of such measures and work shall 
be determined under section 103 of this Act. 
; > 
SEC. 853. CAMBRIDGE CREEK, MARYLAND. 
The project for navigation, Cambridge Creek, Maryland, is modi-
fied to authorize and direct the Secretary to narrow the channel in 
^
c
; 
the existing project, as determined necessary by the Secretary for 
the purpose of enhancing economic development in the area of such 
creek. 
SEC. 854. SANDY HOOK TO BARNEGAT INLET, NEW JERSEY. 
(a) Subject to section 903(a) of this Act, the project for beach 
erosion control, Sandy Hook to Barnegat Inlet, New Jersey, au-
thorized by the River and Harbor Act of 1958, is modified to provide 72 Stat. 297. 
that the first Federal construction increment of the Ocean Township 
to Sandy Hook reach of such project shall consist of a berm of 
approximately 50 feet at Sea Bright and Monmouth Beach extend-
ing to and including a feeder beach in the vicinity of Long Branch, 
at a total cost of $40,000,000, with an estimated first Federal cost of 
$21,200,000 and an estimated first non-Federal cost of $18,800,000. 
(b) The non-Federal share of the cost of construction and mainte-
nance of the Ocean Township to Sandy Hook reach of the project for 
100 STAT. 4180 
PUBLIC LAW 99-662—NOV. 17, 1986 
beach erosion control, Sandy Hook to Barnegat Inlet, New Jersey, 
shall consist of amounts expended by non-Federal interests for 
reconstruction of the seawall at Sea Bright and Monmouth Beach, 
J., . , 
New Jersey. 
(c) Before initiation of construction of any increment of the project 
for beach erosion control, Sandy Hook to Barnegat Inlet, New 
Jersey, non-Federal interests shall agree to provide public access to 
the beach for which such increment of the project is authorized in 
accordance with all requirements of State law and regulations. 
SEC. 
8
5
5
. 
TAYLORSVILLE 
LAKE, 
KENTUCKY. 
The project for flood control, Taylorsville Lake, Kentucky, au-
thorized by the Flood Control Act of 1956, is modified to authorize 
and direct the Secretary to replace the Floyd's Fork Bridge on Routt 
Road, Jefferson County, Kentucky, in order to provide improved 
access to the project, at a total cost of $750,000, with an estimated 
first Federal cost of $375,000 and an estimated first non-Federal cost 
of $375,000. The non-Federal share of the cost of the work au-
thorized by this section shall be 50 percent. 
SEC. 856. LOWER SNAKE RIVER. 
The project for the Lower Snake River Fish and Wildlife Com-
pensation Plan, authorized by the Water Resources Development 
90 Stat. 2917. 
Act of 1976, is modified in accordance with the recommendations 
contained in the report of the Chief of Engineers, dated March 6, 
1985, at a total cost of $177,000,000, with a first Federal cost of 
$177,000,000. 
SEC. 857. ILLINOIS RIVER AT PEORIA, ILLINOIS. 
The project for navigation, Illinois River at Peoria, Illinois, au-
60 Stat. 634. 
thorized by the River and Harbor Act of 1946, is modified to provide 
for the inclusion within the project an adjacent downstream water 
area of approximately 400 feet long by 200 feet wide developed by 
local interests for an enlarged small boat harbor, including Federal 
construction and maintenance of such area and an access channel to 
a depth of 7 feet, at a total cost of $50,000. The project features 
authorized by this section shall be carried out under section 107 of 
33 use 577. 
the River and Harbor Act of 1960. 
SEC. 
858. 
TAMPA 
HARBOR, 
FLORIDA. 
The project for navigation for Tampa Harbor, Florida, authorized 
84 Stat. 1818. 
by the River and Harbor Act of 1970 is modified to authorize 
planning, engineering, and design for a project under section 107 of 
the River and Harbor Act of 1960 to widen the authorized Port 
Sutton Turning Bsisin an additional 105 feet to the fender line along 
Pendola Point, at a total cost of $900,000, with an estimated first 
Federal cost of $675,000 and an estimated first non-Federal cost of 
$225,000. 
SEC. 859. SALEM RIVER, NEW JERSEY. 
Subject to section 9030t)) of this Act, the project for navigation, 
Salem River, New Jersey, is modified to provide that the depth of 
such project shall be 20 feet. 
SEC. 860. COLD SPRING INLET, NEW JERSEY. 
The navigation project. Cold Spring Inlet, New Jersey, is modified 
to authorize the Secretary to carry out planning, engineering, and 
design for a project to increase the depth of the 2,000 foot reach of 
PUBLIC LAW 99-662—NOV. 17, 1986 
100 STAT. 4181 
the New Jersey Intracoastal Waterway in Cape May County to 15 
feet. 
SEC. 861. FORT PECK, MONTANA. 
The project for navigation and power generation, Fort Peck, 
Montana, authorized by the Act entitled "An Act to authorize the 
completion, maintenance, and operation of the Fort Peck project for 
navigation, and for other purposes", approved May 18, 1938 (16 
U.S.C. 833), shall include recreation as a purpose of such project. 
> 
u ' 
SEC. 862. FISHTRAP LAKE, KENTUCKY. 
The project for Fishtrap Lake, Pike County, Kentucky, authorized 
as part of the flood control project for the Ohio River Basin by 
section 4 of the Flood Control Act approved June 28, 1938 (52 Stat. 
1217), is modified to authorize the Secretary, notwithstanding the 
completion of such project in 1968, to carry out planning, engineer-
ing, and design for a project (1) to acquire by purchase any property 
in the drainage area for Fishtrap Lake, Kentucky, which is being 
used as a residence and any property in such drainage area which is 
being used as a cemetery, and (2) to relocate the owners of any 
property so acquired and any cemetery so acquired, 
SEC. 
8
6
3
. 
SABINE 
RIVER 
CHANNEL, 
TEXAS. 
The Sabine River channel of the Sabine-Neches Waterway, Texas, 
authorized by the River and Harbor Act of 1954, is modified to 68 Stat. 1248. 
authorize the Secretary to carry out planning, engineering, and 
design for a project to extend such channel at a depth of 30 feet and 
a width of 200 feet, from its present upstream terminus opposite 
Green Avenue in Orange, Texas, generally following the present 
river alignment a distance of approximately one and one-quarter 
miles to a point opposite Little C3T)ress Bayou. 
SEC. 864. CLARKS HILL RESERVOIR, SAVANNAH RIVER BASIN, GEORGIA. 
The project for flood control, Clarks Hill Reservoir, Savannah 
Fish and fishing. 
River Basin, Georgia and South Carolina, authorized by the Flood Wildlife. 
^, 
Control Act approved December 22, 1944, is modified to include 
58 Stat. 887. 
recreation and fish and wildlife management as project purposes. 
Project lands which are managed or reserved as of the date of the 
enactment of this section for the conservation, enhancement, or 
; ,! lo col' 
preservation of fish and wildlife and for recreation shall be consid-
ered as lands necessary for such purposes. 
SEC. 865. CAPE CHARLES CITY HARBOR, VIRGINIA. 
The project for navigation, Cape Charles City Harbor, Virginia, 
authorized by the River and Harbor Act approved March 2, 1945 (59 
Stat. 15), is modified to provide that the local interests shall not be 
required— 
(1) to provide bulkheads, or 
(2) to reserve berthing space for general public use, 
along a greater distance of the shoreline than such bulkheads 
are provided or such berthing space is reserved on the date of 
the enactment of this Act. 
SEC. 
8
6
6
. 
EAST 
CHESTER 
CREEK, 
NEW 
YORK. 
The project for navigation. East Chester Creek, New York, au-
thorized by the River and Harbor Act of 1950, is modified to provide 64 Stat. 163. 
that the Secretary, out of any amounts made available to the 
Secretary for operation and maintenance of water resources 
100 STAT. 4182 
PUBLIC LAW 99-662—NOV. 17, 1986 
79 Stat. 1089. 
Flood control. 
82 Stat. 739. 
33 u s e 426i. 
Flood control. 
62 Stat. 1175. 
64 Stat. 163. 
Flood control. 
Vermont. 
New Hampshire. 
Massachusetts. 
Fish and fishing. 
projects, shall dredge within two years after the date of the enact-
ment of this Act, and maintain thereafter, the Y-shaped portion of 
such project, at a total cost of $500,000, with an estimated first 
Federal cost of $450,000 and an estimated first non-Federal cost of 
$50,000. 
SEC. 867. SAVANNAH HARBOR, GEORGIA. 
The project for navigation. Savannah Harbor, Georgia, authorized 
by the River and Harbor Act of 1965, is modified to authorize the 
Secretary to carry out planning, engineering, and design for a 
project to remove drift and debris from the harbor as part of 
operation and maintenance. 
SEC. 
8
6
8
. 
TACOMA 
HARBOR, 
WASHINGTON. 
The city waterway navigation channel project, Tacoma Harbor, 
Washington, authorized by the first section of the River and Harbor 
Act of June 13, 1902 (32 Stat. 347), is modified to direct the Secretary 
to redefine the boundaries of such project in accordance with the 
recommendations contained in the report of the Chief of Engineers, 
dated May 3,1983. 
SEC. 869. DELAWARE COAST, CAPE HENLOPEN TO FENWICK ISLAND. 
Subject to section 903(a) of this Act, the project for hurricane-flood 
protection and beach erosion control along the Delaware Coast from 
Cape Henlopen to Fenwick Island at the Delaware-Maryland State 
Line, authorized by section 203 of the Flood Control Act of 1968 
(Public Law 90-483), is modified to authorize the construction of 
sand bypass facilities and stone revetment erosion control measures 
at Indian River Inlet, Delaware, as described in the General Design 
Memorandum and Environmental Assessment, dated Novem-
ber 1984, and approved by the Chief of Engineers in January 1986, 
at a total cost of $4,000,000, with an estimated first Federal cost of 
$2,500,000 and an estimated first non-Federal cost of $1,500,000. 
Project costs shall be allocated under the terms of section 111 of the 
Flood Control Act of 1968 if that is determined by the Secretary to 
be appropriate. 
SEC. 870. WINOOSKI RIVER, WATERBURY, VERMONT. 
The Waterbury, Vermont, project in the Winooski River Basin, 
authorized for modification in section 10 of the Act of December 22, 
1944 (58 Stat. 892), is further modified to provide that restoration to 
the concrete work on the dam shall be undertaken by the Secretary. 
Nothing in this section shall be construed as altering the conditions 
established in the Federal Power Commission license numbered 
2090, issued on September 16, 1954. Cost sharing applicable to flood 
control projects shall apply to the work authorized by this section. 
SEC. 871. RIO GRANDE FLOODWAY, NEW MEXICO. 
Subject to section 903(b) of this Act, the project for flood protection 
for the Rio Grande Floodway, Truth or Consequences Unit, New 
Mexico, authorized by the Flood Control Acts of 1948 and 1950, is 
modified to provide that the Secretary is authorized to construct a 
flood control dam on Cuchillo Negro Creek, a tributary of the Rio 
Grande, in lieu of the authorized floodway. 
SEC. 872. CONNECTICUT RIVER BASIN. 
(a) Subject to section 903(a) of this Act, the comprehensive plan for 
the control of floodwaters in the Connecticut River Basin, Vermont, 
PUBLIC LAW 99-662—NOV. 17, 1986 
100 STAT. 4183 
New Hampshire, Meissachusetts, and Connecticut, authorized by 
section 5 of the Act of June 22, 1936 (49 Stat. 1572), is modified to 
authorize and direct the Secretary to design, construct, operate, and 
maintain facilities at Townshend Dam, West River, Vermont, to 
enable upstream migrant adult Atlantic salmon to bypass that dam 
and Ball Mountain Dam, Vermont, and to provide at both 
Townshend and Ball Mountain Dams facilities as necessary for the 
downstream passage of juvenile Atlantic salmon, at a total cost of 
$1,000,000, with a first Federal cost of $1,000,000. 
(b) Prior to construction of the work authorized by this section, 
non-Federal interests shall agree to hold and save the United States 
harmless for any damages incurred in the construction and 
operation of such fish-passage facilities, and provide all lands, 
easements, rights-of-way, and relocations as may be reasonably 
necessary for the construction and operation of the fish-passage 
facilities. 
TITLE IX—GENERAL PROVISIONS 
SEC. 901. ANNUAL OBLIGATION CEILINGS. 
Notwithstanding any other provision of law, the Secretary shall, 
from funds appropriated, obligate no sums in excess of the sums 
specified in this title for the combined purpose of the "Construction, 
General" account and the construction component of the "Flood 
Control, Mississippi River and Tributaries" account: 
(1) For the fiscal year ending September 30, 1987, the sum of 
$1,400,000,000. 
(2) For the fiscal year ending September 30, 1988, the sum of 
$1,500,000,000. 
(3) For the fiscal year ending September 30, 1989, the sum of 
$1,600,000,000. 
(4) For the fiscal year ending September 30, 1990, the sum of 
$1,700,000,000. 
(5) For the fiscal year ending September 30, 1991, the sum of 
$1,800,000,000. 
Nothing contained herein limits or otherwise amends authority 
conferred under section 10 of the River and Harbor Act of Septem-
ber 22, 1922 (42 Stat. 1043; 33 U.S.C. 621). Any amounts obligated 
against funds furnished or reimbursed during each such fiscal year 
by other Federal agencies or non-Federal interests shall not be 
counted against the limitation on obligations provided for in this 
Act. 
SEC. 902. MAXIMUM COST OF PROJECTS. 
In order to insure against cost overruns, each total cost set forth 
in this Act, or an amendment made by this Act, for a project shall be 
the maximum cost of that project, except that such maximum 
amount— 
(1) may be increased by the Secretary for modifications which 
do not materially alter the scope or functions of the project as 
authorized, but not by more than 20 percent of the total cost 
stated for the project in this Act or in an amendment made by 
this Act; and 
(2) shall be automatically increased for— 
(A) changes in construction costs applied to uncon-
structed features (including real property acquisitions, 
preconstruction studies, planning, engineering, and design) 
••''^'•-
100 STAT. 4184 
PUBLIC LAW 99-662—NOV. 17, 1986 
ii 
from the date of enactment of this Act (unless otherwise 
specified) as indicated by engineering and other appropriate 
cost indexes; and 
(B) additional studies, modifications, and actions (includ-
ing mitigation and other environmental actions) authorized 
by this Act or required by changes in Federal law. 
SEC. 903. GENERAL REQUIREMENTS. 
(a) PROCEDURE FOR CERTAIN PROJECTS AUTHORIZED FOR CONSTRUC-
TION.—(1) In the case of any project authorized for construction by 
this Act which is specifically made subject to this subsection, no 
construction may be commenced until the Secretary has reviewed 
and commented on such project and reported thereon to the Con-
gress, or until 90 days have passed following the receipt of the 
proposed plan of the project from the Chief of Engineers, whichever 
first occurs. 
i . 
:^ 
(2) The Secretary shall review and comment on— 
(A) at least one-third of the projects to which this subsection 
applies during the one-year period beginning on the date of 
enactment of this Act, 
(B) at least two-thirds of such projects during the two-year 
period beginning on the date of enactment of this Act, and 
(C) all of such projects during the three-year period beginning 
on the date of enactment of this Act. 
(3) Any project to which this subsection applies on which the 
Secretary has not commented before the end of the 3-year period 
beginning on the date of enactment of this Act shall be deemed to 
have been approved by the Secretary for purposes of this subsection. 
O
t
>
) PROCEDURE FOR PROJECTS AUTHORIZED FOR CONSTRUCTION SUB-
JECT T
O A FAVORABLE REPORT.—Any project specifically made sub-
ject to this subsection is authorized to be prosecuted by the 
Secretary substantially in accordance with the plans and subject to 
the conditions recommended in the report cited for such project, with 
such modifications as are recommended by the Chief of Engineers 
and approved by the Secretary, and with such other modifications as 
are recommended by the Secretary. If no report is cited for a project, 
the project is authorized to be prosecuted by the Secretary in 
accordance with a final report of the Chief of Engineers, and with 
such modifications as are recommended by the Secretary, and no 
construction on such project may be initiated until such a report is 
issued and approved by the Secretary. 
Flood control. 
(c) BENEFIT-COST RATIO WAIVER.—(1) In his recommendations for 
authorization of any project, or separable element, for flood control, 
the Secretary may include features that would not produce national 
economic development benefits greater than cost, if the non-Federal 
interests enter into a binding agreement requiring the non-Federal 
interests to pay during construction of the project or separable 
element an amount sufficient to make the remaining costs of that 
project or separable element equal to the estimated value of the 
national economic development benefits of that project or separable 
element. 
(2) Non-Federal payments pursuant to paragraph (1) shall be in 
addition to payments required under section 103 of this Act which 
are applicable to the remaining costs of the project. 
(d) OTHER REQUIREMENTS.—Sections 201 and 202 and the fourth 
82 Stat. 739. 
sentence of section 203 of the Flood Control Act of 1968 shall apply 
to all projects authorized by this Act. 
PUBLIC LAW 99-662—NOV. 17, 1986 
100 STAT. 4185 
SEC. 904. MATTERS TO BE ADDRESSED IN PLANNING. 
33 USC 2281. 
Enhancing national economic development (including benefits to Historic 
particular regions of the Nation not involving the transfer of eco- preservation. 
nomic activity to such regions from other regions), the quality of the 
total environment, the well-being of the people of the United States, 
the prevention of loss of life, and the preservation of cultural and 
historical values shall be addressed in the formulation and evalua-
tion of water resources projects to be carried out by the Secretary, 
and the associated benefits and costs, both quantifiable and 
unquantifiable, shall be displayed in the benefits and costs of such 
projects. 
SEC. 905. FEASIBILITY REPORTS. 
33 USC 2282. 
(a) In the case of any water resources project-related study au-
thorized to be undertaken by the Secretary, the Secretary shall 
prepare a feasibility report, subject to section 105 of this Act. Such 
feasibility report shall describe, with reasonable certainty, the eco-
nomic, environmental, and social benefits and detriments of the 
recommended plan and alternative plans considered by the Sec-
retary and the engineering features (including hydrologic and geo-
logic information), the public acceptability, and the purposes, scope, 
and scale of the recommended plan. The feasibility report shall also 
include the views of other Federal agencies and non-Federal agen-
cies with regard to the recommended plan, a description of a non-
structural alternative to the recommended plan when such plan 
does not have significant nonstructural features, and a description 
of the Federal and non-Federal participation in such plan, and shall 
demonstrate that States, other non-Federal interests, and Federal 
agencies have been consulted in the development of the rec-
ommended plan. This subsection shall not apply to (1) any study 
with respect to which a report has been submitted to Congress 
before the date of enactment of this Act, (2) any study for a project, 
which project is authorized for construction by this Act and is not 
subject to section 903(b), (3) any study for a project which is au-
thorized under any of the following sections: section 205 of the Flood 
Control Act of 1948 (33 U.S.C. 701s), section 2 of the Flood Control 
Act of August 28, 1946 (33 U.S.C. 701r), section 107 of the River and 
Harbor Act of 1960 (33 U.S.C. 577), section 3 of the Act entitled "An 
Act authorizing Federal participation in the cost of protecting the 
shores of publicly owned property", approved August 13, 1946 (33 
U.S.C. 426g), and section 111 of the River and Harbor Act of 1968 (33 
U.S.C. 426i), and (4) general studies not intended to lead to rec-
ommendation of a specific water resources project. 
Ot)) Before initiating any fesisibility study under subsection (a) of 
this section after the date of enactment of this Act, the Secretary 
shall first perform, at Federal expense, a reconnaissance study of 
the water resources problem in order to identify potential solutions 
to such problem in sufficient detail to enable the Secretary to 
determine whether or not planning to develop a project should 
proceed to the preparation of a feasibility report. Such reconnais-
sance study shall include a preliminary analysis of the Federal 
. . ' 
interest, costs, benefits, and environmental impacts of such project, 
and an estimate of the costs of preparing the feasibility report. The 
duration of a reconnaissance study shall normally be no more than 
twelve months, but in all cases is to be limited to eighteen months. 
100 STAT. 4186 
PUBLIC LAW 99-662—NOV. 17, 1986 
(c) For purposes of studies undertaken pursuant to this section, 
the Secretary is authorized to consider benefits which may accrue to 
Indian tribes as a result of a project resulting from such a study. 
Armed Forces. 
(d) The Secretary shall undertake such measures as are necessary 
to ensure that standard and uniform procedures and practices are 
followed by each district office (and each division office for any area 
in which there is no district office) of the United States Army Corps 
of Engineers in the preparation of feasibility reports on water 
resources projects. 
33 use 2288. 
SEC. 906. FISH AND WILDLIFE MITIGATION. 
" ia i 
(aXD In the case of any water resources project which is au-
, < < :. - thorized to be constructed by the Secretary before, on, or after the 
date of enactment of this Act, construction of which has not com-
menced as of the date of enactment of this Act, and which neces-
sitates the mitigation of fish and wildlife losses, including the 
acquisition of lands or interests in lands to mitigate losses to fish 
and wildlife, as a result of such project, such mitigation, including 
acquisition of the lands or interests— 
(A) shall be undertaken or acquired before any construction of 
' the project (other than such acquisition) commences, or 
(B) shall be undertaken or acquired concurrently with lands 
and interests in lands for project purposes (other than mitiga-
tion of fish and wildlife losses), 
whichever the Secretary determines is appropriate, except that any 
physical construction required for the purposes of mitigation may be 
undertaken concurrently with the physical construction of such 
project. 
(2) For the purposes of this subsection, any project authorized 
before the date of enactment of this Act on which more than 50 
percent of the land needed for the project, exclusive of mitigation 
lands, has been acquired shall be deemed to have commenced 
construction under this subsection. 
(b)(1) After consultation with appropriate Federal and non-Federal 
agencies, the Secretary is authorized to mitigate damages to fish and 
wildlife resulting from any water resources project under his juris-
diction, whether completed, under construction, or to be con-
structed. Such mitigation may include the acquisition of lands, or 
interests therein, except that— 
(A) acquisition under this paragraph shall not be by con-
demnation in the case of projects completed as of the date of 
enactment of this Act or on which at legist 10 percent of the 
':c physical construction on the project has been completed as of 
the date of enactment of this Act; and 
»i 
(B) acquisition of water, or interests therein, under this para-
graph, shall not be by condemnation. 
The Secretary, shall, under the terms of this paragraph, obligate no 
more than $30,000,000 in any fiscal year. With respect to any water 
resources project, the authority under this subsection shall not 
apply to measures that cost more than $7,500,000 or 10 percent of 
the cost of the project, whichever is greater. 
Reports. 
(2) Whenever, after his review, the Secretary determines that such 
mitigation features under this subsection are likely to require con-
demnation under subparagraph (A) or (B) of paragraph (1) of this 
subsection, the Secretary shall transmit to Congress a report on 
such proposed modification, together with his recommendations. 
PUBLIC LAW 99-662—NOV. 17, 1986 
100 STAT. 4187 
(c) Costs incurred after the date of enactment of this Act for 
implementation and operation, maintenance, and rehabilitation to 
mitigate damages to fish and wildlife shall be allocated among 
authorized project purposes in accordance with applicable cost 
allocation procedures, and shall be subject to cost sharing or re-
imbursement to the same extent as such other project costs are 
shared or reimbursed, except that when such costs are covered by 
contracts entered into prior to the date of enactment of this Act, 
such costs shall not be recovered without the consent of the non-
Federal interests or until such contracts are complied with or 
renegotiated. 
(d) After the date of enactment of this Act, the Secretary shall not 
submit any proposal for the authorization of any water resources 
project to the Congress unless such report contains (1) a rec-
ommendation with a specific plan to mitigate fish and wildlife losses 
created by such project, or (2) a determination by the Secretary that 
such project will have negligible adverse impact on fish and wildlife. 
Specific mitigation plans shall ensure that impacts to bottomland 
hardwood forests are mitigated in-kind, to the extent possible. In 
carrying out this subsection, the Secretary shall consult with appro-
priate Federal and non-Federal agencies. 
(e) In those cases when the Secretary, as part of any report to 
Congress, recommends activities to enhance fish and wildlife re-
sources, the first costs of such enhancement shall be a Federal cost 
when— 
(1) such enhancement provides benefits that are determined 
to be national, including benefits to species that are identified 
^ 
by the National Marine Fisheries Service £is of national eco-
nomic importance, species that are subject to treaties or inter-
national convention to which the United States is a party, and 
anadromous fish; 
(2) such enhancement is designed to benefit species that have 
been listed as threatened or endangered by the Secretary of the 
Interior under the terms of the Endangered Species Act, as 
amended (16 U.S.C. 1531, et seq.), or 
(3) such activities are located on lands managed as a national 
wildlife refuge. 
When benefits of enhancement do not qualify under the preceding 
sentence, 25 percent of such first costs of enhancement shall be 
provided by non-Federal interests under a schedule of reimburse-
ment determined by the Secretary. The non-Federal share of oper-
ation, maintenance, and rehabilitation of activities to enhance fish 
and wildlife resources shall be 25 percent. 
(f) Fish and wildlife enhancement measures carried out as part of 
the project for Atchafalaya Floodway System, Louisiana, authorized 
by Public Law 99-88, and the project for Mississippi Delta Region, 
Louisiana, authorized by the Flood Control Act of 1965, shall be 
considered to provide benefits that are national for purposes of this 
section. 
(g) The provisions of subsections (a), (b), and (d) shall be deemed to 
supplement the responsibility and authority of the Secretary pursu-
ant to the Fish and Wildlife Coordination Act, and nothing in this 
section is intended to affect that Act. 
Contracts. 
National 
Wildlife 
Refuge System. 
Louisiana. 
Mississippi. 
99 Stat. 293. 
79 Stat. 1073. 
16 u s e 661 note. 
100 STAT. 4188 
PUBLIC LAW 99-662—NOV. 17, 1986 
33 u s e 2284. 
SEC. 907. BENEFITS AND COSTS ATTRIBUTABLE TO ENVIRONMENTAL 
MEASURES. 
Fish and fishing. 
In the evaluation by the Secretary of benefits and costs of a water 
Wildhfe. 
resources project, the benefits attributable to measures included in a 
project for the purpose of environmental quality, including improve-
ment of the environment and fish and wildlife enhancement, shall 
be deemed to be at least equal to the costs of such measures. 
33 u s e 2285. 
SEC. 908. MITIGATION FUND. 
There is established an Environmental Protection and Mitigation 
Fund. There is authorized to be appropriated to such fund 
$35,000,000 for fiscal years beginning after September 30, 1986. 
Amounts in the fund shall be available for undertaking, in advance 
of construction of any water resources project authorized to be 
constructed by the Secretary, such measures authorized as part of 
such project, including the acquisition of lands and interests therein, 
as may be necessary to ensure that project-induced losses to fish and 
wildlife production and habitat will be mitigated. The Secretary 
shall reimburse the Fund for any amounts expended under this 
section for a water resources project from the first appropriations 
made for construction, including planning and designing, of such 
project. 
SEC. 909. RIVER BASIN AUTHORIZATIONS. 
(a) In addition to previous authorizations, there is authorized to be 
appropriated for the prosecution of the comprehensive plan of devel-
opment of each river basin or project that is referred to below by 
name and date of basic authorization, such sums as are necessary 
for the Secretary 
to complete the comprehensive 
plan of 
development. 
Basin 
Act of Congress 
Alabama-Coosa River Basin 
March 2, 1945 
Arkansas River Basin 
June 28, 1938 
Arkansas-Red River Basin 
November 7, 1966 
- ' 
Baltimore Harbor 
December 31, 1970 
, 
, .;; 
Blue River Basin 
December 31, 1970 
',]'!. 
Brazos River Basin 
September 3, 1954 
Central and Southern Florida 
June 30, 1948 
Columbia River Basin 
May 17, 1950 
Connecticut River Basin 
June 22, 1936 
Cottonwood Creek, California 
December 31, 1970 
Gulf Intracoastal Waterway, St. Marks, Tampa 
August 13, 1968 
Mississippi River and Tributaries 
May 15, 1928 
Missouri River Basin 
June 28, 1938 
North Branch Susquehanna River Basin 
July 3, 1958 
,». ;ticv; 
Ohio River Basin 
June 22, 1936 
• ' 
Ouachita River Basin 
May 17, 1950 
Red Run Drain and Lower Clinton River 
December 31, 1970 
., ' 
,., 
Red River Waterway 
August 13, 1968 
Sabine River Basin 
December 31, 1970 
Sacramento River Basin 
December 22, 1944 
San Joaquin River Basin 
December 22, 1944 
Santa Ana River Basin 
June 22, 1936 
South Platte River Basin 
May 17, 1950 
Tampa Harbor 
December 31, 1970 
»
^ H; K
i o 
^ 
Trinity River Basin 
October 27, 1965 
Upper Mississippi River Basin 
June 28, 1938 
, 
Wabash River Basin 
August 13, 1968 
White River Basin 
June 28, 1938 
PUBLIC LAW 99-662—NOV. 17, 1986 
100 STAT. 4189 
(b) The sums authorized by this section include those necessary for 
the Secretary to complete local flood protection in the Columbia 
River Basin, as authorized by section 204 of the Flood Control Act of 
1950 (64 Stat. 178). 
SEC. 910. CONTINUED PLANNING AND INVESTIGATIONS. 
(a) After the Chief of Engineers transmits his recommendations 
for a water resources development project to the Secretary for 
transmittal to the Congress, as authorized in the first section of the 
Act of December 22, 1944, and before authorization for construction 
of such project, the Chief of Engineers is authorized to undertake 
continued planning and engineering (other than preparation of 
plans and specifications) for such project if the Chief of Engineers 
finds that the project is without substantial controversy and justifies 
further engineering, economic, and environmental investigations 
and the Chief of Engineers transmits to the Committee on Public 
Works and Transportation of the House of Representatives and the 
Committee on Environment and Public Works of the Senate a 
statement of such findings. In the one-year period after authoriza-
tion for construction of such project, the Chief of Engineers is 
authorized to undertake planning, engineering, and design for such 
project. 
(b) Not later than January 15, 1987, and each January 15 there-
after, the Secretary shall prepare and transmit a report on the 
activities undertaken under this section in the preceding fiscal year 
to the Committee on Public Works and Transportation of the House 
of Representatives and the Committee on Environment and Public 
Works of the Senate. 
(c) The authorization made by this section shall be in addition to 
any other authorizations for planning, engineering, and design of 
water resources development projects and shall not be construed as 
a limitation on any other such authorization. 
SEC. 911. REVIEW OF COST EFFECTIVENESS OF DESIGN. 
During the design of each water resources project which has a 
total cost in excess of $10,000,000, which is authorized before, on, or 
after the date of enactment of this Act and undertaken by the 
Secretary, and on which construction has not been initiated as of the 
date of enactment of this Act, the Secretary shall require a review of 
the cost effectiveness of such design. The review shall employ cost 
control techniques which will ensure that such project is designed in 
the most cost-effective way for the life of the project. 
SEC. 912. SECTION 221 AGREEMENTS. 
(a) Section 221(a) of the Flood Control Act of 1970 is amended— 
(1) by inserting ", or an acceptable separable element 
thereof," after "water resources project", and by inserting "or 
the appropriate element of the project, as the case may be" 
after 'for the project"; and 
(2) by adding at the end the following: "In any such agree-
ment entered into by a State, or a body politic of the State 
which derives its powers from the State constitution, or a 
governmental entity created by the State legislature, the Eigree-
ment may reflect that it does not obligate future State legisla-
tive appropriations for such performance and pajrment when 
obligating future appropriations would be inconsistent with 
State constitutional or statutory limitations.". 
33 use 2287. 
Reports. 
33 use 2288. 
42 use 
1962d-5b. 
State and local 
governments. 
100 STAT. 4190 
PUBLIC LAW 99-662—NOV. 17, 1986 
42 u s e 1962d-5b 
note. 
42 use 
1962d-5b. 
eiaims. 
Flood control. 
42 use 
1962d-5a. 
33 u s e 2289. 
(b)(1) The Secretary may require compliance with any require-
ments pertaining to cooperation by non-Federal interests in carry-
ing out any water resources project authorized before, on, or after 
the date of enactment of this Act. 
(2) Whenever on the basis of any information available to the 
Secretary, the Secretary finds that any non-Federal interest is not 
providing cooperation required under subsection (a), the Secretary 
shall issue an order requiring such non-Federal interest to provide 
such cooperation. After notice and opportunity for a hearing, if the 
Secretary finds that any person is violating an order issued under 
this section, such person shall be subject to a civil penalty not to 
exceed $10,000 per day of such violation, except that the total 
amount of civil penalties for any violation shall not exceed $50,000. 
(3) Non-Federal interests shall be liable for interest on any pay-
ments required pursuant to section 221 of the Flood Control Act of 
1970 that may fall delinquent. The interest rate to be charged on 
any such delinquent payment shall be at a rate, to be determined by 
the Secretary of the Treasury, equal to 150 percent of the average 
bond equivalent rate of the thirteen-week Treasury bills auctioned 
immediately prior to the date on which such payment became 
delinquent, or auctioned immediately prior to the beginning of each 
additional three-month period if the period of delinquency exceeds 
three months. 
(4) The Secretary may request the Attorney General to bring a 
civil action for appropriate relief, including permanent or tem-
porary injunction, for any violation of an order issued under this 
section, to collect a civil penalty imposed under this section, to 
recover any cost incurred by the Secretary in undertaking perform-
ance of any item of cooperation under section 221(d) of the Flood 
Control Act of 1970, or to collect interest for which a non-Federal 
interest is liable under paragraph (3). Any action under this subsec-
tion may be brought in the district court of the United States for the 
district in which the defendant is located or resides, or is doing 
business, and such court shall have jurisdiction to restrain such 
violation, to require compliance, to require payment of any civil 
penalty imposed under this section, and to require payment of any 
costs incurred by the Secretary in undertaking performance of any 
such item. 
(5) The Secretary is authorized to determine that no funds appro-
priated for operation and maintenance, including operation and 
maintenance of the project for flood control, Mississippi River and 
Tributaries, are to be used for the particular benefit of projects 
within the jurisdiction of any non-Federal interest when such non-
Federal interest is in arrears for more than twenty-four months in 
the payment of charges due under an agreement entered into with 
the United States pursuant to section 221 of the Flood Control Act of 
1970 (Public Law 91-611). 
SEC. 913. SECTION 215 AGREEMENTS. 
Section 215(a) of the Flood Control Act of 1968 is amended by 
striking out "$1,000,000" and inserting in lieu thereof "$3,000,000 . 
SEC. 
9
1
4
. 
URBAN 
AND 
RURAL 
FLOOD 
CONTROL 
FREQUENCY. 
In the preparation of feasibility reports for projects for flood 
damage prevention in urban and rural areas, the Secretary may 
consider and evaluate measures to reduce or eliminate damages 
from flooding without regard to frequency of flooding, drainage 
PUBLIC LAW 99-662—NOV. 17, 1986 
100 STAT. 4191 
area, and amount of runoff. This section shall apply with respect to 
any project, or separable element thereof, the Federal share of the 
cost of which is less than $3,000,000. 
SEC. 915. SMALX. PROJECT AUTHORIZATIONS. 
(a) Section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s) is 
amended by striking out "$30,000,000" in the first sentence and 
inserting in lieu thereof "$40,000,000" and by striking out 
"$4,000,000" in the third sentence and inserting in lieu thereof 
"$5,000,000". 
(b) Section 2 of the Flood Control Act of August 28,1937 (33 U.S.C. 
701g) is amended by striking out "$5,000,000 £ind inserting in lieu 
thereof "$7,500,000" and by striking out "$250,000" and inserting in 
lieu thereof "$500,000". 
(c) Section 14 of the Flood Control Act of 1946 (33 U.S.C. 701r) is 
amended by striking out "$10,000,000" and inserting in lieu thereof 
"$12,500,000" and by striking out "$250,000" and inserting in lieu 
thereof "$500,000". 
(d) Subsection (a) of section 107 of the River and Harbor Act of 
1960 (33 U.S.C. 577) is amended by striking out "$25,000,000" and 
inserting in lieu thereof "$35,000,000". Subsection (b) of such section 
is amended by striking out "$2,000,000" and inserting in lieu thereof 
"$4,000,000". 
(e) Section 3 of the Act entitled "An Act authorizing Federal 
participation in the cost of protecting the shores of publicly owned 
property", approved August 13,1946 (33 U.S.C. 426g), is amended (1) 
by strUdng out "$25,000,000" and inserting in lieu thereof 
"$30,000,000", and (2) by striking out "$1,000,000" and inserting in 
lieu thereof "$2,000,000'\ 
(f) Section 111 of the River and Harbor Act of 1968 (33 U.S.C. 426i) 
is amended by striking out "$1,000,000" and inserting in lieu thereof 
"$2,000,000". 
(g) Section 3 of the Act entitled "An Act authorizing the construc-
tion, repair, and preservation of certain public works or rivers and 
harbors, and for other purposes", approved March 2,1945 (33 U.S.C. 
603a), is amended by striking out "$300,000" and inserting in lieu 
thereof "$1,000,000". 
(h) The Secretary is authorized to use the authority contained in 
section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s), section 
2 of the Flood Control Act of August 28, 1937 (33 U.S.C. 701g), 
section 14 of the Flood Control Act of 1946 (33 U.S.C. 701r), section 
107 of the River and Harbor Act of 1960 (33 U.S.C. 577), section 3 of 
the Act entitled "An Act authorizing Federal participation in the 
cost of protecting the shores of publicly owned property", approved 
August 13, 1946 (33 U.S.C. 426g), and section 111 of the River and 
Harbor Act of 1968 (33 U.S.C. 426i) in the Trust Territory of the 
Pacific Islands. 
(i) The amendments made by this section shall not apply to any 
project under contract for construction on the date of enactment of 
this Act. 
SEC. 916. FEDERAL REPAYMENT DISTRICT. 
(a) The Secretary may enter into a contract providing for the 
payment or recovery of an appropriate share of the costs of a project 
under his responsibility with a Federal Project Repayment District 
or other political subdivision of a State prior to the construction, 
operation, improvement, or financing of such project. The Federal 
Trust Territory 
of the Pacific 
Islands. 
33 u s e 2290. 
Contracts. 
33USC426g 
note. 
33 u s e 2291. 
Contracts. 
State and local 
governments. 
100 STAT. 4192 
PUBLIC LAW 99-662—NOV. 17, 1986 
State and local 
governments. 
42 use 5121 
note. 
33 use 2292. 
40 use 541. 
33 use 555a. 
State and local 
governments. 
Taxes. 
Project Repayment District shall include lands and improvements 
which receive identifiable benefits from the construction or oper-
ation of such project. Such districts shall be established in accord-
ance with State law, shall have specific boundaries which may be 
changed from time to time based upon further evaluations of bene-
fits, and shall include the power to collect a portion of the transfer 
price from any transaction involving the sale, transfer, or change in 
beneficial ownership of lands and improvements within the district 
boundaries. 
(b) Prior to execution of an agreement pursuant to subsection (a) 
of this section, the Secretary shall require and approve a study from 
the State or political subdivision demonstrating that the revenues to 
be derived from a contract under this section, or an agreement with 
a Federal Project Repayment District, will be sufficient to equal or 
exceed the cost recovery requirements over the term of repayment 
required by Federal law. 
SEC. 917. EMERGENCY AND DISASTER AUTHORITY. 
Section 5(a) of the Act entitled "An Act authorizing the construc-
tion of certain public works on rivers and harbors for flood control, 
and for other purposes", approved August 18, 1941 (33 U.S.C. 701n), 
is amended by striking out "drinking" each place it appears in the 
second sentence and by inserting after the first sentence the follow-
ing new sentence: "In any case in which the Chief of Engineers is 
otherwise performing work under this section in an area for which 
the Governor of the affected State has requested a determination 
that an emergency exists or a declaration that a major disaster 
exists under the Disaster Relief Act of 1974, the Chief of Engineers 
is further authorized to perform on public and private lands and 
waters for a period of ten days following the Governor's request any 
emergency work made necessary by such emergency or disaster 
which is essential for the preservation of life and property, includ-
ing, but not limited to, channel clearance, emergency shore protec-
tion, clearance and removal of debris and wreckage endangering 
public health and safety, and temporary restoration of essential 
public facilities and services.". 
SEC. 918. SURVEYING AND MAPPING. 
Any surveying or mapping services to be performed in connection 
with a water resources project which is or has been authorized to be 
undertaken by the Secretary shall be procured in accordance with 
title IX of the Federal Property and Administrative Services Act of 
1949. 
SEC. 919. PETROLEUM PRODUCT INFORMATION. 
(a) The Secretary shall disclose petroleum product information to 
any State taxing agency making a request under subsection (b). 
Such information shall be disclosed for the purpose of, and only to 
the extent necessary in, the administration of State tax laws. 
(b) Disclosure of information under this section shall be permitted 
only upon written request by the head of the State taxing agency 
and only to the representatives of such agency designated in such 
written request as the individuals who are to inspect or to receive 
the information on behalf of such agency. Any such representative 
shall be an employee or legal representative of such agency. 
PUBLIC LAW 99-662—NOV. 17, 1986 
100 STAT. 4193 
(c)(1) Requests for the disclosure of information under this section, 
and such disclosure, shall be made in such manner and at such time 
and place as shall be prescribed by the Secretary. 
(2) Information disclosed to any person under this section may be 
provided in the form of written documents or reproductions of such 
documents, or by any other mode or means which the Secretary 
determines necessary or appropriate. A reasonable fee may be 
prescribed for furnishing such information. 
(3) Any reproduction of any document or other matter made in 
accordance with this subsection shall have the same legal status as 
the original, and any such reproduction shall, if properly authenti-
cated, be admissible in evidence in any judicial or administrative 
proceeding as if it were the original, whether or not the original is in 
existence. 
(d) The Secretary shall not disclose information to a State taxing 
agency of a State under this section unless such State has in effect 
provisions of law which— 
(1) exempt such information from disclosure under a State 
law requiring agencies of the State to make information avail-
able to the public, or 
(2) otherwise protect the confidentiality of the information. 
Nothing in the preceding sentence shall be construed to prohibit the 
disclosure by an officer or employee of a State of information to 
another officer or employer of such State (or political subdivision of 
such State) to the extent necessary in the administration of State 
tax laws. 
(e) For purposes of this section, the term— 
(1) "petroleum product information" means information relat-
ing to petroleum products transported by vessel which is re-
ceived by the Secretary (A) under section 11 of the Act entitled 
"An Act authorizing the construction, repair, and preservation 
" 
of certain public works on rivers and harbors, and for other 
purposes", approved September 22,1922 (42 Stat. 1043; 33 U.S.C. 
555), or (B) under any other legal authority; and 
(2) "State taxing agency" means any State agency, body, or 
commission, or its legal representative, which is charged under 
the laws of such State with responsibility for the administration 
of State tax laws. 
(f) Section 11 of the Act entitled "An Act authorizing the construc-
tion, repair, and preservation of certain public works on rivers and 
harbors, and for other purposes", approved September 22, 1922 (42 
Stat. 1043; 33 U.S.C. 555) is amended— 
(1) by striking out "$100" and inserting in lieu thereof "not 
more than $5,000"; and 
(2) by inserting a new sentence at the end thereof as follows: 
"In addition, the Secretary may assess a civil penalty of up to 
$2,500, per violation, against any person or entity that fails to 
provide timely, accurate statements required to be submitted 
pursuant to this section by the Secretary.". 
SEC. 920. LAW ENFORCEMENT CONTRACTS. 
Subsection (b) of section 120 of the Water Resources Development 
Act of 1976 (42 U.S.C. 1962d-5d) is amended to read as follows: 
"(b) There is authorized to be appropriated $10,000,000 per fiscal 
year for each fiscal vear beginning after September 30, 1986, to 
carry out this section.'. 
Classified 
information. 
Appropriation 
authorization. 
100 STAT. 4194 
PUBLIC LAW 99-662—NOV. 17, 1986 
42 use 
1962d-16. 
33 u s e 2293. 
Armed Forces. 
Defense and 
national 
security. 
33 u s e 2294. 
State and local 
governments. 
33 u s e 2295. 
Flood control. 
SEC. 921. PLANNING ASSISTANCE TO STATES. 
Section 22(b) of the Water Resources Development Act of 1974 is 
amended— 
(1) by striking out "$4,000,000" and inserting in lieu thereof 
-' 
"$6,000,000"; and 
(2) by striking out "$200,000" and inserting in lieu thereof 
"$300,000". 
SEC. 922. SERVICES TO STATE AND LOCAL GOVERNMENTS. 
Section 3036(d) of title 10, United States Code, is amended by 
striking out "and may provide" and inserting in lieu thereof the 
following: "and, on a reimbursable basis, to a State or political 
subdivision thereof. Services provided to a State or political subdivi-
sion thereof shall be undertaken only on condition that— 
"(1) the work to be undertaken on behalf of non-Federal 
'; 
interests involves Federal assistance; and 
"(2) the department or agency providing Federal assistance 
for the work does not object to the provision of services by the 
Chief of Engineers.". 
SEC. 923. REPROGRAMMING DURING NATIONAL EMERGENCIES. 
(a) In the event of a declaration of war or a declaration by the 
President of a national emergency in accordance with the National 
Emergencies Act (90 Stat. 1255; 50 U.S.C. 1601) that requires or may 
require use of the Armed Forces, the Secretary, without regard to 
any other provision of law, may (1) terminate or defer the construc-
tion, operation, maintenance, or repair of any Department of the 
Army civil works project that he deems not essential to the national 
defense, and (2) apply the resources of the Department of the Army's 
civil works program, including funds, personnel, and equipment, to 
construct or assist in the construction, operation, maintenance, and 
repair of authorized civil works, military construction, and civil 
defense projects that are essential to the national defense. 
(b) The Secretary shall immediately notify the appropriate 
committees of Congress of any actions taken pursuant to the 
authorities provided by this section, and cease to exercise such 
authorities not later than 180 calendar days after the termination of 
the state of war or national emergency, whichever occurs later. 
SEC. 924. OFFICE OF ENVIRONMENTAL POLICY. 
The Secretary shall establish in the Directorate of Civil Works of 
the Office of the Chief of Engineers an Office of Environmental 
Policy. Such Office shall be responsible for the formulation, co-
ordination, and implementation of all matters concerning environ-
mental quality and policy as they relate to the water resources 
program of the United States Army Corps of Engineers. Such Office 
shall, among other things, develop, and monitor compliance with, 
guidelines for the consideration of environmental quality in formu-
lation and planning of water resources projects carried out by the 
Secretary, the preparation and coordination of environmental 
impact statements for such projects, and the coordination with 
Federal, State, and local agencies of environmental aspects of such 
projects and regulatory responsibilities of the Secretary. 
SEC. 
9
2
5
. 
COMPILATION 
OF 
LAWS; 
ANNUAL 
REPORTS. 
(a) Within one year after the date of enactment of this Act, the 
laws of the United States relating to the improvement of rivers and 
PUBLIC LAW 99-662—NOV. 17, 1986 
100 STAT. 4195 
harbors, flood control, beach erosion, and other water resources 
development enacted after November 8, 1966, and before January 1, 
1987, shall be compiled under the direction of the Secretary and the 
Chief of Engineers and printed for the use of the Department of the 
Army, the Congress, and the general public. The Secretary shall 
reprint the volumes containing such laws enacted before Novem-
ber 8, 1966. In addition, the Secretary shall include an index in each 
volume so compiled or reprinted. The Secretary shall transmit 
copies of each such volume to Congress. 
(b) The Secretary shall prepare and submit the annual report 
required by section 8 of the Act of August 11, 1888, in two volumes. 
Volume I shall consist of a summary and highlights of Corps of 
Engineers' activities, authorities, and accomplishments. Volume II 
shall consist of detailed information and field reports on Corps of 
Engineers' activities. The Secretary shall publish an index with 
each annual report, 
(c) The Secretary shall prepare biennially for public information a 
report for each State containing a description of each water re-
sources project under the jurisdiction of the Secretary in such State 
and the status of each such project. Each report shall include an 
index. The report for each State shall be prepared in a separate 
volume. The reports under this subsection shall be published at the 
same time and the first such reports shall be published not later 
than one year after the date of the enactment of this Act. 
SEC. 926. ACQUISITION OF RECREATION LANDS. 
(a) In the case of any water resources project which is authorized 
to be constructed by the Secretary before, on, or after the date of 
enactment of this Act, construction of which has not commenced 
before such date of enactment, and which involves the acquisition of 
lands or interests in lands for recreation purposes, such lands or 
interests shall be acquired along with the acquisition of lands and 
interests in lands for other project purposes. 
(b) The Secretary is authorized to acquire real property by con-
demnation, purchase, donation, exchange, or otherwise, as a part of 
any water resources development project for use for public park and 
recreation purposes, including but not limited to, real property not 
contiguous to the principal part of the project. 
SEC. 927. OPERATION AND MAINTENANCE ON RECREATION LANDS. 
The Secretary shall not require, under section 4 of the Flood 
Control Act of December 22, 1944 (58 Stat. 889), and the Federal 
Water Project Recreation Act, non-Federal interests to assume oper-
ation and maintenance of any recreational facility operated by the 
Secretary at any water resources project as a condition to the 
construction of new recreational facilities at such project or any 
other water resources project. 
SEC. 928. IMPACT OF PROPOSED PROJECTS ON EXISTING RECREATION 
FACILITIES. 
Any report describing a project having recreation benefits that is 
submitted after the date of enactment of this Act to the Committee 
on Environment and Public Works of the Senate or the Committee 
on Public Works and Transportation of the House of Representa-
tives by the Secretary, or by the Secretary of Agriculture under 
authority of the Watershed Protection and Flood Protection Act (68 
Stat. 666; 16 U.S.C. 1001 et seq.), shall describe the usage of other, 
33 u s e 556. 
Public 
information. 
33 use 2296. 
33 use 2297. 
16 use 460d. 
16 use 
460Z-12 note. 
33 use 2298. 
Reports. 
100 STAT. 4196 
PUBLIC LAW 99-662—NOV. 17, 1986 
16 u s e 1004 
note. 
Reports. 
Contracts. 
Contracts. 
State and local 
governments. 
similar public recreational facilities within the general area of the 
project, and the anticipated impact of the proposed project on the 
usage of such existing recreational facilities. 
SEC. 929. AGRICULTURAL BENEFITS. 
Section 2 of the Watershed Protection and Flood Protection Act 
(68 Stat. 666; 16 U.S.C. 1002) is amended by inserting after the 
proviso in the paragraph relating to the definition of "works of 
improvement" the following: "Each such project submitted to the 
Committee on Environment and Public Works of the Senate and the 
Committee on Public Works and Transportation of the House of 
Representatives after July 1, 1987, must contain benefits directly 
related to agriculture that account for at least 20 percent of the total 
benefits of the project.". 
SEC. 930. PUBLIC ACCESS TO WATER IMPOUNDMENTS. 
The Secretary of Agriculture, acting through the Administrator of 
the Soil Conservation Service, shall study and report to the appro-
priate committees of the Senate and the House of Representatives 
by April 1, 1988, on the feasibility, the desirability, and the public 
interest involved in requiring that public access be provided to any 
or all water impoundments that have recreation-related potential 
and that were authorized pursuant to the Watershed Protection and 
Flood Protection Act (68 Stat. 666; 16 U.S.C. 1 DOl et seq.). 
SEC. 931. INTERIM USE OF WATER SUPPLY FOR IRRIGATION. 
Section 8 of the Act of December 22, 1944 (58 Stat. 891; 43 U.S.C. 
390), is amended by adding at the end the following: "In the case of 
any reservoir project constructed and operated by the Corps of 
Engineers, the Secretary of the Army is authorized to allocate water 
which was allocated in the project purpose for municipal and indus-
trial water supply and which is not under contract for delivery, for 
such periods as he may deem reasonable, for the interim use for 
irrigation purposes of such storage until such storage is required for 
municipal and industrial water supply. No contracts for the interim 
use of such storage shall be entered into which woul^ significantly 
affect then-existing uses of such storage.". 
SEC. 932. WATER SUPPLY ACT AMENDMENTS. 
(a) Section 301(b) of the Water Supply Act of 1958 (72 Stat. 319; 43 
U.S.C. 390b(b)), is amended as follows: 
(1) in the third proviso, after "That" insert the following: "(1) 
for Corps of Engineers projects, not to exceed 30 percent of the 
total estimated cost of any project may be allocated to antici-
pated future demands, and, (2) for Bureau of Reclamation 
projects,", 
(2) in the fourth proviso, after "That" insert the following: 
"for Corps of Engineers projects, the Secretary of the Army may 
' 
permit the full non-Federal contribution to be made, without 
interest, during construction of the project, or, with interest, 
over a period of not more than thirty years from the date of 
completion, with repayment contracts providing for recalcula-
tion of the interest rate at, five-year intervals, and for Bureau of 
Reclamation projects,", 
(3) after the first sentence insert the following: "For Corps of 
Engineers projects, all annual operation, maintenance, and 
replacement costs for municipal and industrial water supply 
PUBLIC LAW 99-662—NOV. 17, 1986 
100 STAT. 4197 
storage under the provisions of this section shall be reimbursed 
from State or local interests on an annual basis. For Corps of 
Engineers projects, any repayment by a State or local interest 
shall be made with interest at a rate to be determined by the 
Secretary of the Treasury, taking into consideration the average 
market yields on outstanding marketable obligations of the 
United States with remaining periods to maturity comparable 
to the reimbursement period, during the month preceding the 
fiscal year in which costs for the construction of the project are 
first incurred (or, when a recalculation is made), plus a pre-
mium of one-eighth of one percentage point for transaction 
costs.", and 
(4) strike out "The interest rate used" and insert in lieu 
thereof: "For Bureau of Reclamation projects, the interest rate 
used". 
(b) Nothing in this section shall be deemed to amend or require 
amendment of any valid contract entered into pursuant to the 
Water Supply Act of 1958, or Federal reclamation law and approved 
by the Secretary of the Army or the Secretary of the Interior prior 
to the date of enactment of this Act. 
SEC. 933. COST SHARING FOR DISPOSAL OF MATERIAL ON BEACHES. 
Section 145 of the Water Resources Development Act of 1976 (33 
U.S.C. 426j) is amended by inserting "by such State of 50 percent" 
after "upon payment". 
SEC. 934. BEACH NOURISHMENT. 
Section 156 of the Water Resources Development Act of 1976 (42 
U.S.C. 1962d-5f) is amended by striking out "fifteenth" and inserting 
in lieu thereof "fiftieth". 
SEC. 935. ACQUISITION OF BEACH FILL. 
Notwithstanding any other provision of law, in any case in which 
the use of fill material for beach erosion and beach nourishment is 
authorized as a purpose of an authorized water resources project, 
the Secretary is authorized to acquire by purchase, exchange, or 
otherwise from nondomestic sources and utilize such material for 
such purposes if such materials are not available from domestic 
sources for environmental or economic reasons. 
SEC. 936. STUDY OF CORPS CAPABILITIES. 
The Secretary shall study and evaluate the measures necessary to 
increase the capabilities of the United States Army Corps of Engi-
neers to undertake the planning and construction of water resources 
projects on an expedited basis and to adequately comply with all 
requirements of law applicable to the water resources program of 
the Corps of Engineers. As part of such study the Secretary shall 
consider appropriate measures to increase reliance on the private 
sector in the conduct of the water resources program of the Corps of 
Engineers. The Secretary shall implement such measures as may be 
necessary to improve the capabilities referred to in the first sen-
tence of this section, including the establishment of increased levels 
of personnel, changes in project planning and construction proce-
dures designed to lessen the time required for such planning and 
construction, and procedures for expediting the coordination of 
water resources projects with Federal, State, and local agencies. 
Contracts. 
43 u s e 390b 
note. 
83 u s e 2299. 
33 u s e 2300. 
State and local 
governments. 
100 STAT. 4198 
PUBLIC LAW 99-662—NOV. 17, 1986 
33 use 2301. 
SEC. 937. REPORTS ON HYDROPOWER STATISTICS. 
Not later than January 15, 1988, and each January 15 thereafter, 
the Secretary shall transmit to the Committee on Public Works and 
Transportation of the House of Representatives and the Committee 
on Environment and Public Works of the Senate a report which— 
(1) specifies the amount of electricity generated by each water 
resource project constructed by the Secretary which generated 
electricity in the preceding fiscal year; 
(2) specifies the revenues received by the United States from 
the sale of electricity generated by such project; and 
(3) specifies the costs of construction, operation, and mainte-
nance of such project allocated to the generation of electricity. 
In carrying out the study under this section, the Secretary shall 
compare the actual amount of capital costs repaid to that amount 
that would be required to repay capital costs. The first report 
submitted under this section shall specify the amounts of electricity 
generated, the revenues received, and the costs allocated for each 
such project before October 1,1985, on a fiscal year basis in constant 
dollars. Each report thereafter shall specify the amounts of elec-
tricity generated, the revenues received, and the costs allocated for 
each such project for the preceding fiscal year. 
33 use 2302. 
SEC. 938. REPORTS ON SMALL BUSINESS CONTRACTS. 
' 
' *^ 
(a)(1) The Secretary shall, on an annual basis, transmit to the 
Committee on Public Works and Transportation of the House of 
Representatives and the Committee on Environment and Public 
Works of the Senate, a report describing the number and dollar 
amount of contracts awarded in each industry category or sub-
category broken down by Engineer District of the Army Corps of 
Ehigineers. Such report shall include the number and dollar amount 
of contracts (A) set aside for small business concerns; (B) awarded to 
small business or small disadvantaged business concerns; (C) avail-
able for competition by qualified firms of all sizes; and (D) awarded 
to other than small business or small disadvantaged business 
concerns. 
(2) For purposes of this section, the term— 
(A) "contract" means any contract, or any subcontract in 
connection with a subcontracting plan entered into pursuant to 
section 8(d) of the Small Business Act, as amended (15 U.S.C. 
637(d)), which is funded through appropriations made available 
, 
to the Corps of Engineers-Civil; and 
"' 
(B) "industry category or subcategory" means the four digit 
SIC category or subcategory defined by the Small Business 
Administration, 
(b) In the interest of efficient and cost effective operations by the 
Secretary, the Comptroller General of the United States shall con-
duct a study of the Secretary's contracting procedures for civil 
works projects. Such study shall examine whether potential bidders 
or offerors, regardless of their size, are allowed to compete fairly in 
the interest of lowering cost on contracts for construction. Within 
two years of the date of enactment of this Act, the Comptroller 
General shall report his findings to Congress together with an 
assessment of whether contract procedures are applied uniformly 
among the various field offices under the Secretary's jurisdiction. 
The report shall also provide recommendations on improving 
contracting procedures, including (1) how the Secretary can prepare 
proposals for construction that assure, to the greatest extent reason-
PUBLIC LAW 99-662—NOV. 17, 1986 
100 STAT. 4199 
able, that no potential bidder or offeror is precluded from competing 
fairly for contracts, (2) whether recordkeeping requirements im-
posed by the Secretary on contractors are appropriate in the interest 
of competition, and (3) the extent to which the private sector can be 
used more efficiently by the Secretary in contracting for construc-
tion, architecture, engineering, surveying, and mapping. 
SEC. 939. WRECK REMOVAL. 
(a) Section 15 of the Act of March 3, 1899 (30 Stat. 1152; 33 U.S.C. 
409) is amended— 
(1) by striking out "voluntarily or carelessly"; 
(2) by striking out "accidentially or otherwise,"; and 
(3) by inserting ", lessee, or operator" after "owner" each 
place it appears. 
0)) Sections 19 and 20 of the Act of March 3,1899 (30 Stat. 1154; 33 
U.S.C. 414 and 415) are amended by inserting "(a)" before the first 
word of each section and by adding the following new subsection at 
the end of each section: 
"(b) The owner, lessee, or operator of such vessel, boat, watercraft, 
raft, or other obstruction as described in this section shall be liable 
to the United States for the cost of removal or destruction and 
disposal as described which exceeds the costs recovered under 
subsection (a). Any amount recovered from the owner, lessee, or 
operator of such vessel pursuant to this subsection to recover costs 
in excess of the proceeds from the sale or disposition of such vessel 
shall be deposited in the general fund of the Treasury of the United 
States.". 
SEC. 940. SHORE DAMAGE MITIGATION. 
Section 111 of the River and Harbor Act of 1968 (82 Stat. 735, 33 
U.S.C. 426i) is amended to read as follows: 
"SEC. 111. The Secretary of the Army is authorized to investigate, 
study, plan, and implement structural and nonstructural measures 
for the prevention or mitigation of shore damages attributable to 
Federal navigation works, if a non-Federal public body agrees to 
operate and maintain such measures, and, in the case of interests in 
real property acquired in conjunction with nonstructural measures, 
to operate and maintain the property for public purposes in accord-
ance with regulations prescribed by the Secretary. The costs of 
implementing measures under this section shall be cost-shared in 
the same proportion as the cost-sharing provisions applicable to the 
project causing the shore damage. No such project shall be initiated 
without specific authorization by Congress if the Federal first cost 
exceeds $2,000,000.". 
SEC. 941. AQUATIC PLANT CONTROL. 
Section 104(b) of the River and Harbor Act of 1958 (33 U.S.C. 
610(b)) is amended by striking out "$10,000,000" and inserting in 
lieu thereof "$12,000,000". 
SEC. 942. TECHNICAL ASSISTANCE. 
(a) Upon request of the Governor of a State, or the appropriate 
official of local government, the Secretary is authorized to provide 
designs, plans, and specifications, and such other technical assist-
ance as he deems advisable to such State or local government for its 
use in carrying out— 
Maritime affairs. 
Real property. 
33 u s e 426m. 
State and local 
governments. 
100 STAT. 4200 
PUBLIC LAW 99-662—NOV. 17, 1986 
(1) projects for removing accumulated snags and other debris, 
and clearing and straightening channels in navigable streams 
and tributaries thereof; and 
(2) projects for renovating navigable streams and tributaries 
thereof by means of predominantly nonstructural methods 
judged by the Secretary to be cost effective, for the purpose of 
improved drainage, water quality, and habitat diversity. 
(b) The non-Federal share of the cost of any designs, plans, 
specifications or technical assistance provided under subsection (a) 
shall be 50 percent. 
33 u s e 2303. 
SEC. 943. HISTORICAL PROPERTIES. 
I4e 
The Secretary is authorized to preserve, restore, and maintain 
those historic properties located on water resource development 
project lands under the jurisdiction of the Department of the Army 
if such properties have been entered into the National Register of 
Historic Places. 
SEC. 944. FLOOD HAZARD INFORMATION. 
The Secretary, the Director of the Federal Emergency Manage-
ment Agency, and the Administrator of the Soil Conservation 
Service shall take necessary actions, including the posting and 
distribution of information and the preparation and distribution of 
educational materials and programs, to ensure that information 
relating to flood hazard areas is generally available to the public. 
SEC. 945. DREDGE VESSEL DISPOSAL. 
Notwithstanding any other provision of law, the Administrator of 
the General Services Administration, pursuant to the provisions of 
sections 202 and 203(j) of the Federal Property and Administrative 
Services Act of 1949, may dispose of any Corps of Engineers vessel 
used for dredging that is declared to be in excess of Federal needs by 
the Secretary, together with related equipment owned by the United 
States and under the control of the Chief of Engineers, through sale 
or lease to a foreign government as part of a Corps of Engineers 
technical assistance program, or to a Federal or State maritime 
academy for training purposes, or to a non-Federal public body for 
scientific, educational, or cultural purposes, or through sale solely 
for scrap to foreign or domestic interests. Any such vessel shall not 
be disposed of under this section or any other provision of law for 
use within the United States for the purpose of engaging in dredging 
activities. Amounts collected from the sale or lease of any such 
vessel or equipment shall be deposited into the revolving fund 
authorized by section 101 of the Civil Functions Appropriations Act, 
1954 (67 Stat. 199; 33 U.S.C. 576), to be available, as provided in 
appropriations Acts, for the operation and maintenance of vessels 
under the control of the Corps of Engineers. 
33 u s e 403b. 
SEC. 946. LIGHTING AT DOCKS AND BOAT LAUNCHING FACILITIES. 
Whenever the Secretary considers a permit application for a dock 
or a boat launching facility under section 10 of the Act of March 3, 
1899 (30 Stat. 1151; 33 U.S.C 403), the Secretary shall consider the 
needs of such facility for lighting from sunset to sunrise to make 
such facility's presence known within a reasonable distance. 
SEC. 947. PRIORITY OF COAL LOADING VESSELS. 
Section 5 of Public Law 96-387 (46 U.S.C. App. 1121-1) is amended 
by striking "until June 30,1987,". 
33 u s e 709b. 
Public 
information. 
40 u s e 483d. 
Armed Forces. 
40 u s e 483, 484. 
PUBLIC LAW 99-662—NOV. 17, 1986 
100 STAT. 4201 
SEC. 948. BUDGET ACT REQUIREMENTS. 
33 USC 2201 
Any spending authority under this Act shall be effective only to 
: j . 
such extent and in such amounts as are provided in appropriation 
Acts. For purposes of this Act, the term "spending authority" has 
the meaning provided in section 401(c)(2) of the Congressional 
Budget Act of 1974, except that such term does not include spending 
2 USC 651. 
authority for which an exception is made under section 401(d) of 
such Act. 
SEC. 949. SEPARABILITY. 
33 USC 2304. 
If any provision of this Act, or the application of any provision of 
this Act to any person or circumstance, is held invalid, the applica-
tion of such provision to other persons or circumstances, and the 
remainder of this Act, shall not be affected thereby. 
SEC. 950. USE OF FMHA FUNDS. 
33 USC 2305. 
Notwithstanding any other provision of law. Federal assistance 
« 
made available by the Farmers Home Administration may be used 
to pay the non-Federal share of any other Federal grant-in-aid 
program for any project for water resources, including water pollu-
tion control. 
SEC. 951. REPORTS. 
33 USC 2306. 
If any report required to be transmitted under this Act to the 
Fish and fishing. 
Committee on Public Works and Transportation of the House of Wildlife. 
Representatives or the Committee on Environment and Public 
Works of the Senate pertains in whole or in part to fish and wildlife 
mitigation, benthic environmental repercussions, or ecosystem miti-
gation, the Federal officer required to prepare or transmit that 
report also shall transmit a copy of the report to the Committee on 
Merchant Marine and Fisheries of the House of Representatives. 
TITLE X—PR0JE(7r DEAUTHORIZATIONS 
SEC. 1001. (a) Any project authorized for construction by this Act 33 USC 579a. 
shall not be authorized after the last day of the 5-year period 
beginning on the date of enactment of this Act unless during such 
period funds have been obligated for construction, including plan-
ning and designing, of such project. 
(b)(1) Not later than one year after the date of enactment of this 
Act, the Secretary shall transmit to Congress a list of unconstructed 
projects, or unconstructed separable elements of projects, which 
have been authorized, but have received no obligations during the 10 
full fiscal years preceding the transmittal of such list. A project or 
separable element included in such list is not authorized after 
December 31, 1989, if funds have not been obligated for construction 
of such project or element after the date of enactment of this Act 
and before December 31,1989. 
(2) Every two years after the transmittal of the list under para-
graph (1), the Secretary shall transmit to Congress a list of projects 
or separable elements of projects which have been authorized, but 
have received no obligations during the 10 full fiscal years preceding 
the transmittal of such list. A project or separable element included 
in such list is not authorized after the date which is 30 months after 
the date the list is so transmitted if funds have not been obligated 
for construction of such project or element during such 30-month 
period. 
100 STAT. 4202 
PUBLIC LAW 99-662—NOV. 17, 1986 
Federal 
(c) The Secretary shall publish in the Federal Register a list of any 
Register, 
projects or Separable elements that are deauthorized under this 
publication. 
g^^j^^ 
SEC. 1002. The following projects, with a total estimated au-
thorized cost of $11.1 billion, are not authorized after the date of 
ii : ^ 
enactment of this Act, except with respect to any portion of such a 
project which portion has been completed before such date or is 
under construction on such date: 
''••'•" 
^'*' 
'•' 
A L A B A M A 
J 
The project for flood control, Alabama River, Montgomery, 
72 Stat. 297. 
^ 
Alabama, authorized by the Flood Control Act of 1958. 
The project for hydroelectric power, Alabama-Coosa River 
Basin, Big Wills Creek Lake, Alabama, authorized by the River 
and Harbor Act of March 2, 1945, Public Law 14, Seventy-ninth 
59 Stat. 10. 
Congress. 
The project for hydroelectric power, Alabama-Coosa River 
Basin, Crooked Creek Lake, Alabama, authorized by the River 
and Harbor Act of March 2, 1945, Public Law 14, Seventy-ninth 
Congress. 
The project for hydroelectric power, Alabama-Coosa River 
Basin, Hatchet Creek Lake, Alabama, authorized by the River 
and Harbor Act of March 2, 1945, Public Law 14, Seventy-ninth 
Congress. 
The project for hydroelectric power, Alabama-Coosa River 
Basin, Little River Lake, Alabama, authorized by the River and 
Harbor Act of March 2, 1945, Public Law 14, Seventy-ninth 
Congress. 
The project for hydroelectric power, Alabama-Coosa River 
Basin, Mill Creek Lake, Alabama, authorized by the River and 
Harbor Act of March 2, 1945, Public Law 14, Seventy-ninth 
Congress. 
;n:» ;«€ 
The project fDr hydroelectric power, Alabama-Coosa River 
Basin, Terrapin Creek Lake, Alabama, authorized by the River 
and Harbor Act of March 2, 1945, Public Law 14, Seventy-ninth 
L Congress. 
The project for hydroelectric power, Alabama-Coosa River 
Basin, Waxahatchee Creek Lake, Alabama, authorized by the 
River and Harbor Act of March 2,1945, Public Law 14, Seventy-
ninth Congress. 
The project for hydroelectric power, Alabama-Coosa River 
Basin, Weogufka Creek Lake, Alabama, authorized by the River 
and Harbor Act of March 2, 1945, Public Law 14, Seventy-ninth 
Congress. 
The project for hydroelectric power, Alabama-Coosa River 
Basin, Yellowleaf Creek, Alabama, authorized by the River and 
Harbor Act of March 2, 1945, Public Law 14, Seventy-ninth 
Congress. 
The project for hydroelectric power, Alabama-Coosa River 
Basin, Big Canoe Creek Lake, Alabama, authorized by the River 
and Harbor Act of March 2, 1945, Public Law 14, Seventy-ninth 
Congress. 
PUBLIC LAW 99-662—NOV. 17, 1986 
100 STAT. 4203 
ALASKA 
The project for navigation, Myers Chuck Harbor, Alaska, 
authorized by the River and Harbor Act of March 2, 1945, 
PubHc Law 14, Seventy-ninth Congress. 
59 Stat. 10. 
The jetty extension feature of the project for navigation, 
Nome Harbor, Alaska, authorized by the River and Harbor Act 
of August 30, 1935, Public Law 409, Seventy-fourth Congress. 49 Stat. 1028. 
The project for navigation, Skagway River, Alaska, au-
thorized by the River and Harbor Act of June 20, 1938, Public 
Law 685, Seventy-fifth Congress, and section 10 of the Flood 
Control Act of 1946, except the 6,700-foot training dike and the 60 Stat. 641. 
1,800-foot breakwater. 
ARKANSAS 
The project for flood control. Crooked Creek Lake Levee, 
' -^ t 
Arkansas, authorized by the Flood Control Act of 1968. 
82 Stat. 739. 
The Gillette New Levee feature of the project for flood con-
trol, Lower Arkansas River, North Bank, Arkansas, authorized 
^
* 
by the Flood Control Act of May 15, 1928, Public Law 391, 
Seventieth Congress; the Flood Control Act of June 22, 1936, 33 USC 702a. 
Public Law 738, Seventy-fourth Congress; and the Flood Control 49 Stat. 1570. 
Act of 1946. 
60 Stat. 641. 
The project for flood control, Murfreesboro Reservoir, Pike 
County, Arkansas, authorized by the Flood Control Act of 1950. 64 Stat. 163. 
CALIFORNIA 
The project for flood control, Alhambra Creek, California, 
authorized by the Flood Control Act of 1968. 
The Aliso Creek Dam feature of the project for the Santa Ana 
River Basin, Orange County, California, authorized by the Flood 
Control Act of June 22, 1936, Public Law 738, Seventy-fourth 
Congress. 
The project for flood control. Bear River, California, au-
thorized by section 201 of the Flood Control Act of 1965 and 42 USC 1962d-5. 
approved by resolution of the Committee on Public Works and 
Transportation of the House of Representatives, dated Septem-
ber 23, 1976, and resolution of the Committee on Environment 
and Public Works of the Senate, dated October 1,1976. 
The project for flood control, Butler Valley Dam, Mad River, 
California, authorized by the Flood Control Act of 1968. 
The project for flood control. Eel River, California, authorized 
by the Flood Control Act of 1965, except for the completed 79 Stat. 1073. 
levees on the right bank of the Eel River in the Sandy Prairie 
area. 
The Sierra Madre Wash feature of the project for flood con-
trol, Los Angeles County Drain Area, California, authorized by 
the Flood Control Act of August 18, 1941, Public Law 228, 
Seventy-seventh Congress. 
55 Stat. 638. 
The barrier groin and sandtrap feature of the project for 
navigation, Monterey Harbor, California, authorized by the 
River and Harbor Act of March 2, 1945, Public Law 14, Seventy-
ninth Congress. 
The features of the project for navigation, Napa River, 
California, authorized by the River and Harbor Act of July 24, 
100 STAT. 4204 
PUBLIC LAW 99-662—NOV. 17, 1986 
60 
Stat. 634. 
•.i«5 
49 
Stat. 
1570. 
42 
u s e 1962d-5. 
49 
Stat. 
1028. 
64 
Stat. 
163. 
-b^s5f 
64 
Stat. 
163. 
55 
Stat. 
638. 
1946, Public Law 525, Seventy-ninth Congress, which features 
consist of construction of dikes and revetments. 
That portion of the project for navigation, Old River, San 
Joaquin County, California, authorized by the River and Harbor 
Act of August 26, 1937, Public Law 392, Seventy-fifth Congress, 
consisting of a side channel at Orwood and completion of the 
project channels from the mouth of Old River to Lammers 
Ferry road and from Crocker Cut to the Holly Sugar Factory. 
The San Juan Dam feature of the project for the Santa Ana 
River Basin, Orange County, California, authorized by the Flood 
Control Act of June 22, 1936, Public Law 738, Seventy-fourth 
Congress. 
The Trabuco Dam feature of the project for the Santa Ana 
River Basin, Orange County, California, authorized by the Flood 
Control Act of June 22, 1936, Public Law 738, Seventy-fourth 
Congress. 
The project for flood control. University Wash and Spring 
Brook, California, authorized by section 201 of the Flood Control 
Act of 1965 and approved by resolution of the Committee on 
Public Works of the House of Representatives, dated Decem-
ber 15, 1970, and resolution of the Committee on Public Works 
of the Senate, dated June 22,1971. 
The shallow-draft channel, Colusa to Red Bluff, feature of the 
project for navigation, Sacramento River, California, authorized 
by the River and Harbor Act of August 30,1935, Public Law 409, 
Seventy-fourth Congress. 
Those features of the project for navigation, San Joaquin 
River, Stockton Deepwater Ship Channel, California, authorized 
by the River and Harbor Act of 1950, which features consist of 
construction of a new turning basin near Rough and Ready 
Island; enlargement of Upper Stockton Channel; construction of 
a 30-foot depth Burns Cut-off Channel around Rough and Ready 
Island, including construction of a combination rail and high-
way bridge; and construction of a new settling basin on San 
Joaquin River upstream from its confluence with Stockton 
Channel. 
COLORADO 
The project for flood control, Boulder, Colorado, authorized by 
the Flood Control Act of 1950. 
The project for flood control, Castlewood Lake, Douglas 
County, Colorado, authorized by the Flood Control Act of 
August 18, 1941, Public Law 228, Seventy-seventh Congress. 
•Qi§/ 
72 Stat. 297. 
/I-
CONNECTICUT 
, 
The features of the project for navigation, Bridgeport Harbor-
Black Rock Harbor, Connecticut, authorized by the River and 
Harbor Act of 1958, which features provide for construction of 
two rubble-mound breakwaters at the entrance to Black Rock 
Harbor and dredging a 28-acre anchorage 6 feet deep in Burr 
and Cedar Creeks at the head of Black Rock Harbor. 
The project for navigation, Connecticut River below Hartford, 
Connecticut, authorized by the River and Harbor Act of 1950. 
The feature of the project for navigation. Mystic River, New 
London County Channel, Connecticut, authorized by the River 
and Harbor Act of March 4, 1913, Public Law 429, Sixty-second 
PUBLIC LAW 99-662—NOV. 17, 1986 
100 STAT. 4205 
Congress, which provides for the widening of the channel 
extending 4,700 feet from the United States Route 1 drawbridge 
to the Mystic Seaport site from its constructed width of 80 to 90 
feet to a width of 100 feet. 
The Walnut Beach and impermeable groins features of the 
project for beach erosion control. Silver Beach to Cedar Beach, 
Connecticut, authorized by the River and Harbor Act of 1954. 68 Stat. 1248. 
The six-foot anchorage at northeast end of Stonington Harbor 
feature of the project for navigation, Stonington Harbor, New 
London County, Connecticut, authorized by the River and 
Harbor Act of 1950. 
64 Stat. 163. 
The feature of the project for navigation, Thames River, New 
London County, Connecticut, authorized by the River and 
Harbor Act of March 2, 1945, Public Law 14, Seventy-ninth 
Congress, which provides for an increased channel width in the 59 Stat. 10. 
bend at Long Reach Upper Light (river mile 6.8). 
The uncompleted portions of the project for navigation. New 
Haven Harbor, Connecticut, authorized by the River and 
Harbor Act of 1946, which portions consist of deepening the 60 Stat. 634. 
lower end of the Quinnipiac River Channel to 22 feet up to a 
point 1,000 feet above Ferry Street. 
The project for navigation, New Haven Harbor, Connecticut, 
authorized by the River and Harbor Act of June 25,1910, Public 
,. a ?. 
Law 264, Sixty-first Congress. 
The uncompleted portions of the project for navigation. Mil-
ford Harbor, Connecticut, authorized by the River and Harbor 
Act of June 13, 1902, and the River and Harbor Act of August 32 Stat. 331. 
26,1937, Public Law 392, Seventy-fifth Congress, which portions 
consist of a 5-acre anchorage, 10 feet deep, behind the east jetty 
at the e£ist side of such jetty. 
FLORIDA 
The Cross Bank to Key West portion of the project for naviga-
tion, Atlantic Intracoastal Waterway, Miami to Key West, Flor-
ida, authorized by the River and Harbor Act of March 2, 1945, 
Public Law 14, Seventy-ninth Congress. 
The project for flood control, Biscayne Bay, Dade County, 
Florida, (Hurricane Barrier) authorized by the Act of June 15, 
1955, Public Law 71, Eighty-fourth Congress. 
69 Stat. 132. 
That portion of the project for navigation, Cedar Keys 
Harbor, Levy County, Florida, authorized by the River and 
Harbor Act of July 5, 1884, consisting of the excavation of 1,500 
cubic yards from an area known as the "middle ground" within 
, 
the alignment of the main ship channel. 
The Sebastian Channel feature of the project for navigation, 
Intracoastal Waterway, Jacksonville to Miami, Florida, au-
thorized by the River and Harbor Act of March 2, 1945, Public 
Law 14, Seventy-ninth Congress. 
Those portions of the project for navigation, Jacksonville 
Harbor Mooring Basin, Naval, Florida, authorized by the River 
and Harbor Act of March 2, 1945, Public Law 14, Seventy-ninth 
Congress, which portions consisting of a channel 28 feet deep by 
590 feet wide extending from Laura Street to Saint Elmo W., 
Acosta Bridge; a channel and floodway along the south side of 
Commodore Point; and an approach and mooring basin at the 
Naval Reserve Armory near the Main Street bridge. 
100 STAT. 4206 
PUBLIC LAW 99-662—NOV. 17, 1986 
That portion of the project for navigation, Key West Harbor, 
Monroe County, Florida, authorized by the River and Harbor 
Act of September 19, 1890, consisting of two uncompleted jetties 
at the entrance to the northwest channel. 
The uncompleted portions of the project for navigation, 
Miami Harbor, Miami River, Florida, authorized by the River 
and Harbor Act of March 2, 1945, Public Law 14, Seventy-ninth 
59 Stat. 10. 
Congress, which portions consist of widening the mouth of the 
Miami River; providing a channel 8 feet by 20 feet from the 
mouth of the river to the Intracoastal Waterway, thence 100 
rrj t < 
fget wide to Government Cut; and providing a channel 12 feet 
by 100 feet from Miami to a harbor of refuge in Palmer Lake. 
The Stuart turning basin feature of the project for navigation, 
Okeechobee Waterway, Martin County, Florida, authorized by 
•' ' 
' 
the River and Harbor Act of March 2, 1945, Public Law 14, 
Seventy-ninth Congress. 
That portion of the project for navigation, Oklawaha River, 
Florida, authorized by the River and Harbor Act of March 2, 
' 
' 
1907, consisting of a channel 6 feet deep from the mouth of the 
river to the head of Silver Springs Run. 
That portion of the project for navigation. Palm Beach 
Harbor, Florida, authorized by the River and Harbor Act of 
49 Stat. 1028. 
June 20, 1938, Public Law 685, Seventy-fifth Congress, consist-
ing of a channel 16 feet deep and 150 feet wide from the Palm 
Beach Harbor Channel to an anchorage basin 16 feet deep, 750 
feet wide, and 2,000 feet long in Lake Worth opposite Tangier 
-
I
f
'
^
^ ^nj^yi: > 
Avenue. 
The Carrabelle to St. Marks portion of the Gulf Intracoastal 
Waterway, Apalachicola Bay to Saint Marks River, Florida, 
authorized by the River and Harbor Act of August 26, 1937, 
Public Law 392, Seventy-fifth Congress; the Act of July 23, 1942 
(Public Law 675, Seventy-seventh Congress); and the River and 
Harbor Act of March 2, 1945, Public Law 14, Seventy-ninth 
Congress. 
The modification of the project for navigation, Pensacola 
Harbor, Florida, authorized by the River and Harbor Act of 
March 2,1945, Public Law 14, Seventy-ninth Congress. 
That portion of the project for navigation. Saint Augustine 
Harbor, Florida, authorized by the River and Harbor Act of 
64 Stat. 163. 
1950, which portion consists of the uncompleted future land-
ward extension of the groin and jetty on the northside of the 
inlet. 
That portion of the project for navigation, Tampa Harbor, 
84 Stat. 1818. 
Florida, authorized by the Flood Control Act of 1970, which 
portion consists of the last incremental one-foot depth for 
underkeel clearance. 
* 
That portion of the project for navigation, Tampa Harbor and 
Hillsborough Bay, Florida, authorized by the Act of August 8, 
1917, which portion consists of the turning basin at the junction 
' I 
of Garrison Channel, Seddon Channel, and Hillsborough River. 
'*' 
GEORGIA 
The project for hydroelectric power, Alabama-Coosa River 
i 
Basin, Canton Lake, Georgia, authorized by the River and 
"" 
Harbor Act of March 2, 1945, Public Law 14, Seventy-ninth 
Congress. 
. . ' * _ ' . 
• ,t 
PUBLIC LAW 99-662—NOV. 17, 1986 
100 STAT. 4207 
The project for hydroelectric power, Alabama-Coosa River 
Basin, Cartecay Lake, Georgia, authorized by the River and 
Harbor Act of March 2, 1945, Public Law 14, Seventy-ninth 
' 
; ' 
Congress. 
59 Stat. 10. 
The project for hydroelectric power, Alabama-Coosa River 
Basin, Gilmer Lake, Georgia, authorized by the River and 
^^' 
-
Harbor Act of March 2, 1945, Public Law 14, Seventy-ninth 
Congress. 
The project for hydroelectric power, Alabama-Coosa River 
Basin, ICingston Lake, Georgia, authorized by the River and 
Harbor Act of March 2, 1945, Public Law 14, Seventy-ninth 
^^ 
Congress. 
The project for hydroelectric power, Lazer Creek Lake, Geor-
gia, authorized by the Flood Control Act of 1965. 
79 Stat. 1073. 
The project for hydroelectric power, Lower Auchumpkee 
Creek Lake, Georgia, authorized by the Act of December 30, 
1963, Public Law 88-253. 
77 Stat. 840. 
The project for hydroelectric power, Spewrell Bluff Lake, 
Georgia, authorized by the Act of December 30, 1963, Public 
Law 88-253. 
^ 
HAWAII 
The project for navigation, Ala Wai Harbor, Oahu, Hawaii, 
author^ed by the River and Harbor Act of 1968. 
82 Stat. 731. 
The project for beach erosion control, Hanapepe Bay Seawall, 
Kauai, Hawaii, authorized by the River and Harbor Act of 1958. 72 Stat. 297. 
The project for beach erosion control, Waimea Beach Seawall, 
Kauai, Hawaii, authorized by the River and Harbor Act of 1958. 
^ 
IDAHO 
The project for flood control. South Fork, Clearwater River, 
Idaho, authorized by Flood Control Act of 1950. 
64 Stat. 163. 
The project for flood control, Teton River, Idaho, authorized 
by Flood Control Act of 1950. 
The project for flood control, Blackfoot Reservoir, Idaho, au-
thorized by Flood Control Act of 1962. 
76 Stat. 1180. 
The project for flood control, Boise Vgdley, Idaho, authorized 
by Flood Control Act of 1950. 
The project for flood control, Cottonwood Creek Dam, Idaho, 
authorized by Flood Control Act of 1966. 
80 Stat. 1418. 
The project for flood control, Heise-Roberts Levee Extension, 
Idaho, authorized by Flood Control Act of 1950, except for 
constructed levees along the left bank of the Snake River 
downstream from the mouth of Henry's Fork. 
' ' 
The project for flood control, Whitebird Creek, Idaho, au-
thorized by Flood Control Act of 1950. 
* 
ILLINOIS 
The improvements to the beartraps feature of the project for 
£ ? 
navigation. Dam 43, Ohio River, Illinois, authorized by the 
River and Harbor Act of March 3,1909, Public Law 317, Sixtieth 
Congress. 
The project for flood control. Farmers Drainage and Levee 
District, Illinois, authorized by Flood Control Act of 1962. 
100 STAT. 4208 
PUBLIC LAW 99-662—NOV. 17, 1986 
The project for flood control, Freeport, Illinois, authorized by 
the Flood Control Act of June 22,1936, Public Law 738, Seventy-
49 Stat. 1570. 
fourth Congress. 
The feature of the Illinois Waterway Navigation project, Illi-
nois, authorized by the River and Harbor Act of August 30, 
49 Stat. 1028. 
1935, Public Law 409, Seventy-fourth Congress, which feature 
consists of straightening a curve in the channel in the vicinity 
of Pekin, Illinois. 
That portion of the project for shore protection, Kenilworth, 
Illinois, Shore of Lake Michigan, Illinois, authorized by the 
68 Stat. 1248. 
River and Harbor Act of 1954, which portion consists of protec-
tion of the Mahoney Park 200-foot long beach frontage located 
. .. 
at the extreme south end of the village limits by constructing a 
p. 
steel sheet piling impermeable groin, about 200 feet long near 
the south lines of Mahoney Park. 
The project for flood control. Levee Unit 1, Wabash River, 
Gallatin County, Illinois, authorized by the Flood Control Act of 
June 22,1936, Public Law 738, Seventy-fourth Congress. 
,,^; 
The project for flood control. Levees District Numbered 21, 
72 Stat. 297. 
^ 
Vandalia, Illinois, authorized by the Flood Control Act of 1958. 
The project for flood control. Little Calumet River, Illinois, 
68 Stat. 1248. 
authorized by the Flood Control Act of 1954. 
The project for flood control. Metropolis, Illinois, authorized 
by the Flood Control Act of June 28, 1938, Public Law 761, 
52 Stat. 1215. 
Seventy-fifth Congress. 
That portion of the project for navigation, Mississippi River 
between Missouri River and Minneapolis, Minnesota, au-
thorized by the River and Harbor Act of July 3, 1930, Public 
46 Stat. 918. 
Law 520, Seventy-first Congress, which portion consists of 
construction of about 600 feet of guidewall extensions each at 
locks numbered 4, 5, 5A, 7, 8, 9, and 10. 
,Tr 
The project for navigation, Ohio River Open Channel, Louis 
i 
-i&i-f^ 
District, Illinois, authorized by the River and Harbor Act of 
m' March 2,1827. 
The project for navigation, Ohio River Open Channel, Ice 
t' Pier, Illinois, authorized by the River and Harbor Act of Janu-
ary 21,1927. 
fie; 
The project for navigation, Ohio River Open Channel, Illinois, 
authorized by the River and Harbor Act of July 3,1930. 
j 
The project for flood control, Shawneetown, Gallatin County 
ri.iy 
Levee Enlargement, Illinois, authorized by the Flood Control 
Act of June 28, 1938, Public Law 761, Seventy-fifth Congress. 
The project for flood control, Scott County Drainage and 
i. V Levee District, Illinois, authorized by the Flood Control Act of 
76 Stat. 1180. 
1962. 
.iif 
The project for flood control. South Beloit, Illinois, authorized 
62 Stat. 1175. 
* by the Flood Control Act of 1948. 
The project for flood control, William L. Springer Lake, Illi-
nois, authorized by the Flood Control Act of 1962. 
The project for navigation, Alton Commercial Harbor, Illi-
72 Stat. 297. 
" nois, authorized by the River and Harbor Act of 1958. 
The project for flood control, Keach Drainage and Levee 
District, Green County, Illinois, authorized by the Flood Control 
Act of 1962. 
The project for flood control, Big Swan Drainage and Levee 
District, Illinois, authorized by the Flood Control Act of 1962. 
,liifl-S 
'ffX-
PUBLIC LAW 99-662—NOV. 17, 1986 
100 STAT. 4209 
The project for flood control, Fort Chartres and Ivy Landing 
Drainage District Numbered 5, Illinois, authorized by section 
201 of the Flood Control Act of 1965 and approved by resolution 
42 USC l962d-5. 
of the Committee on Public Works of the House of Representa-
tives, dated December 15,1970, and resolution of the Committee 
on Public Works of the Senate, dated December 17,1970. 
' 
INDIANA 
.R"Oi .„.::^o^:.. 
The project for flood control, Anderson, Madison County, 
, , Indiana, Earth Levee, authorized by the Flood Control Act of 
;^ 
June 22,1936, Public Law 738, Seventy-fourth Congress. 
49 Stat. 1570. 
The project for navigation, Illinois Waterway, Cal-Sag Chan-
nel, Part 2, Indiana, authorized by the River and Harbor Act of 
March 2, 1945, Public Law 14, Seventy-ninth Congress, and the 
68 Stat. 1248. 
River and Harbor Act of July 24,1946, Public Law 525, Seventy- 
; 
ninth Congress. 
60 Stat. 634. 
The project for flood control. Levees between Shelby Bridge 
v 
and Baums Bridge, Indiana, authorized by the Flood Control 
Act of June 22, 1936, Public Law 738, Seventy-fourth Congress. 
The project for flood control, Marion, Indiana, authorized by 
the Flood Control Act of 1968. 
82 Stat. 731. 
That portion of the project for flood control, Vincennes, In-
diana, authorized by the Flood Control Act of 1946, which 
60 Stat. 641. 
portion consists of the uncompleted downstream levee to con-
nect with high ground southeast of the city. 
-u£i 
IOWA 
v;fc. 
The project for flood control, Davids Creek Lake, Iowa, au-
thorized by the Flood Control Act of 1968. 
The project for navigation. Fort Madison Harbor, Iowa, au-
thorized by the River and Harbor Act of 1968. 
The project for navigation, Keokuk Small Boat Harbor, Iowa, 
authorized by the River and Harbor Act of 1962. 
76 Stat. 1173. 
The project for flood control, Missouri Levee System (units 
L-753, L-747, L-739, L-733, L-729, L-728, L-715, L-700, L-691, 
L-670, L-651, L-650, L-643, L-637, L-528), Iowa, authorized 
by the Flood Control Act of August 18, 1941, Public Law 228 
Seventy-seventh Congress. 
55 Stat. 638. a 
KANSAS 
The project for flood control. El Dorado, West Branch, Walnut 
River, Butler County, Kansas, authorized by the Flood Contro' 
Act of 1965. 
79 Stat. 1073. 
The project for flood control, Garnett Lake, Pottawatomi 
Creek, Kansas, authorized by the Flood Control Act of 1954. 68 Stat. 1248. 
- ~ 
The project for flood control. Grove Lake, Kemsas, authorized 
by the Flood Control Act of 1962. 
76 Stat. 1180. ^ 
The project for flood control, Indian Lake, Kansas, authorized 
by the Flood Control Act of 1970. 
84 Stat. 1818. 
The project for navigation, Kansas River Navigation, Kansas 
authorized by the River and Harbor Act of 1965. 
79 Stat. 1089. 
The project for flood control, Missouri River Levee System, 
Kansas, (units R402 and R395-393) authorized by the Flood 
Control Act of August 18,1941, Public Law 228, Seventy-seventh 
Congress. 
100 STAT. 4210 
PUBLIC LAW 99-662—NOV. 17, 1986 
: 
The project for flood control, Neodesha Lake, Wilson County, 
Verdigris River, Kansas, authorized by the Flood Control Act of 
55 Stat. 638. 
August 18, 1941, Public Law 228, Seventy-seventh Congress. 
The project for flood control. Tomahawk Lake, Blue River, 
Johnson County, Kansas, authorized by the Flood Control Act of 
84 Stat. 1818. 
1970. 
The project for flood control, Towanda Lake, Kansas, au-
79 Stat. 1073. 
thorized by the Flood Control Act of 1965. 
The modification to the project for flood control, Tuttle Creek 
Lake, Kansas, authorized by section 18 of the Water Resources 
88 Stat. 19. 
^ 
Development Act of 1974, which modification consists of reloca-
-' e* 
tion of a portion of FAS 1208. 
The project for flood control, Wolf-Coffee Lake, Kansas, au-
thorized by the Flood Control Act of 1970. 
The project for flood control. Cedar Point Lake, Kansas, 
64 Stat. 163. 
authorized by the Flood Control Act of 1950. 
The project for flood control. Cow Creek-Hutchison, Kansas, 
76 Stat. 1180. 
authorized by the Flood Control Act of 1962. 
The project for flood control, Missouri River Levee System 
Levee R414, Kansas, authorized by the Flood Control Act of 
August 18, 1941, Public Law 228, Seventy-seventh Congress. 
KENTUCKY 
The project for flood control, Caseyville, Union County, Ken-
tucky, authorized by the Flood Control Act of June 28, 1938, 
52 Stat. 1215. 
Public Law 761, Seventy-fifth Congress. 
The project for flood control, Cloverport, Kentucky, au-
thorized by the Flood Control Act of June 28, 1938, Public Law 
761, Seventy-fifth Congress. 
The project for flood control, Concordia, Meade County, Ken-
tucky, authorized by the Flood Control Act of June 28, 1938, 
Public Law 761, Seventy-fifth Congress. 
The section A-A portion of the floodwall of the project for 
•?rr.j V 
flood 
control, Louisville, Kentucky, authorized by the Flood 
Control Act of June 28, 1938, Public Law 761, Seventy-fifth 
Congress. 
The project for flood control, Middlesboro, Yellow Creek, Bell 
County, Kentucky, authorized by the Flood Control Act of 
58 Stat. 887. 
December 22, 1944, Public Law 534, Seventy-eighth Congress. 
The project for flood control, Tolu, Crittenden County, Ken-
tucky, authorized by the Flood Control Act of June 28, 1938, 
Public Law 761, Seventy-fifth Congress. 
' 
:; 
LOUISIANA 
ft 
; 
r 
,, 
The project for flood control. Black Bayou, Reservoir, Caddo 
Parish, Louisiana, authorized by the Flood Control Act of 
49 Stat. 1570. 
June 22,1936, Public Law 738, Seventy-fourth Congress. 
The project for navigation, Overton-Red River Waterway 
above Mile 31, Louisiana, authorized by the River and Harbor 
60 Stat. 634. 
Act of July 24, 1946, Public Law 526, Seventy-ninth Congress. 
A portion of the project for navigation. Bayou La Fourche, 
Louisiana, authorized by the River and Harbor Act of Au-
49 Stat. 1028. 
gust 30, 1935, Public Law 409, Seventy-fourth Congress, which 
portion consists of a 6-foot deep by 60-foot wide channel, 22 
miles in length from Thibodaux to Lockport, Louisiana. 
PUBLIC LAW 99-662—NOV. 17, 1986 
100 STAT. 4211 
• • " 
M A I N E 
That portion of the project for navigation, Bar Harbor, Maine, 
. ^.. 
authorized by the River and Harbor Act of August 11,1888, and 
the River and Harbor Act of September 19, 1890, which portion 
consists of completing the breakwater to its fully authorized 
cross section. 
The Dickey-Lincoln School project, Saint John River, Maine, 
authorized by section 204 of the Flood CJontrol Act of 1965. 79 Stat. 1074. 
That portion of the project for navigation, Kennebec River, 
Maine, authorized by the River and Harbor Act of June 13, 
1902, which portion consists of the 27-foot channel above the 32 Stat. 331. 
bridge at Bath, Maine. 
; 
That portion of the project for navigation, Rockland Harbor, 
Maine, authorized by the Act of June 29, 1956, Public Law 630, 
Eighty-fourth Congress, which portion consists of an 18-foot 70 Stat. 407. 
access channel, 100 feet wide and 900 feet long to the shipyard 
along 
southern 
waterfront, and uncompleted portions 
of 
the outer limits of three branch channels along the central 
waterfront. 
MARYLAND 
The feature of the project for navigation, Baltimore Harbor 
and channels, Maryland, authorized by the River and Harbor 
Acts of August 8, 1917, January 21, 1927, July 3, 1930, Octo- 46 Stat. 918. 
ber 17, 1940, March 2, 1945, July 3, 1958, and December 31, 59 Stat. 10. 
1970, which feature consists of a navigation channel 150 feet 72 Stat. 297. 
wide to Ferry Bar and thence 27 feet deep and 150 feet wide to 84 Stat. 818. 
the Hanover Street Bridge. 
i;> a ; & 
MASSACHUSETTS 
The project for navigation, Edgartown Harbor, Massachu-
setts, authorized by section 201 of the Flood Control Act of 1965 42 USC i962d-5. 
and approved by resolution adopted by the Committee on Public 
Works of the House of Representatives on December 15, 1970, 
and by the Committee on Public Works of the Senate on Decem-
ber 19,1970. 
The feature of the project for navigation. Fall River Harbor 
Channel, Massachusetts, authorized by the Act of July 3, 1930, 
,. 
Public Law 520, Seventy-first Congress, which feature consists 
of rock removal to a depth of 30 feet at the lower end of Hog 
Island Shoal at the north side of the entreuice to Mount Hope 
Bay. 
The project for navigation, Ipswich River, Massachusetts, 
authorized by the Flood Control Act of 1968. 
82 Stat. 739. 
The feature of the project for navigation, Nantucket Harbor 
of Refuge Anchorage, Massachusetts, authorized by the River 
,|; 
and Harbor Act of March 2, 1945, Public Law 14, Seventy-ninth 
Congress, which feature consists of 15-foot deep anchorage, 
2,800 feet long by 300 to 1,100 feet wide near the west side of the 
s., ., ^
^ . 
inner harbor, and a 15-foot deep fairway 200 feet wide between 
the anchorage and the madn waterfront. 
The project for navigation, New Bedford and Fairhaven 
Harbor, Bristol County, Massachusetts, authorized by the River 
and Harbor Act of July 25, 1912, Public Law 241, Sixty-second 
Congress. 
100 STAT. 4212 
PUBLIC LAW 99-662—NOV. 17, 1986 
The feature of the project for navigation, Newburyport 
Harbor, Essex County, Massachusetts, authorized by the Act of 
59 Stat. 10. 
March 2, 1945, Public Law 14, Seventy-ninth Congress, which 
feature consists of deepening the entrance channel from 12 to 15 
feet and deepening the turning basin along the Newburyport 
waterfront from 9 to 12 feet. 
The Nookagee Lake feature of the project for flood control. 
North Nashua River, Massachusetts, authorized by the Flood 
82 Stat. 731. 
Control Act of 1968, which feature consists of a multiple-pur-
pose earthfill dam and reservoir on the North Nashua River in 
Westminster, Massachusetts. 
The project for navigation. Pleasant Bay, Massachusetts, au-
84 Stat. 1818. 
thorized by the Flood Control Act of 1970. 
The feature of the project for navigation, Salem Harbor, 
Essex County, Massachusetts, authorized by the Act of March 2, 
' ' / 
• 
1945, Public Law 14, Seventy-ninth Congress, which feature 
consists of deepening to 10 feet a channel from deep water in 
the central part of Salem Harbor to Pickering Wharf near the 
South River. 
The uncompleted groin feature of the project for beach ero-
sion control, Winthrop Beach, Massachusetts, authorized by the 
64 Stat. 163. 
River and Harbor Act of 1950. 
The feature of the project for navigation, Lynn Harbor, 
68 Stat. 1248. 
Massachusetts, authorized by the River and Harbor Act of 1954, 
which feature consists of enlarging the turning basin to include 
the easterly 300 feet of the municipal channel. 
The feature of the project for navigation, Lynn Harbor, 
Massachusetts, authorized by the River and Harbor Act of 
49 Stat. 1028. 
August 30, 1935, Public Law 409, Seventy-fourth Congress, 
which feature consists of deepening from 22 to 25 feet a 2.7-mile 
channel from Bass Point to and including a turning basin at the 
head of Lynn Harbor. 
The project for flood control, Monoosnoc Brook, Massachu-
80 Stat. 1405. 
setts, authorized by the River and Harbor Act of 1966. 
The project for flood control, Monoosnoc Lake, Worcester 
County, Massachusetts, authorized by the River and Harbor Act 
of November 7,1966. 
The feature of the project for beach erosion control. Cape Cod 
Canal to Provincetown, Massachusetts (Town Neck Beach), au-
74 Stat. 480. 
thorized by the River and Harbor Act of 1960 which feature 
consists of widening approximately 6,500 feet of beach east of 
the eastern entrance to Cape Cod Canal to 125 feet and raising 
the inshore end of the existing east jetty at the east entrance to 
such Canal. 
. . 
MICHIGAN , 
,, 
The project for navigation, Forestville Harbor, Michigan, au-
82 Stat. 731. 
thorized by the River and Harbor Act of 1968. 
The project for navigation. Middle Channel, Saint Clair River, 
Michigan, authorized by the River and Harbor Act of July 24, 
60 Stat. 634. 
1946, Public Law 525, Seventy-ninth Congress. 
The project for flood control. Red Run Drain, Lower Clinton 
River, Michigan, authorized by the Flood Control Act of 1970. 
The uncompleted portion of the project for navigation. Grand 
Marais Harbor, Michigan, authorized by the River and Harbor 
21 Stat. 180. 
Act of June 14, 1880, which portion consists of widening the 
inner portion of the channel from 250 to 300 feet. 
PUBLIC LAW 99-662—NOV. 17, 1986 
100 STAT. 4213 
• The uncompleted portion of the project for navigation, 
Keweenaw Waterway, Houghton County, Michigan, authorized 
by the River and Harbor Act of August 30,1935, Public Law 409, 
Seventy-third Congress, which portion consists of extending the 
49 Stat. 1028. 
lower entrance breakwater by 2,000 feet, including the nec-
essary alteration or replacement of structures due to channel 
deepening. 
The turning basin feature of the project for navigation, 
Ontonagon Harbor, Ontonagon County, Michigan, authorized 
by the River and Harbor Act of 1962. 
76 Stat. 1173. 
The Sanilac Flats feature of the project for flood control, 
Saginaw River, Michigan, authorized by the Flood Control Act 
of 1958, which feature provides for major drainage improve- 
72 Stat. 297. 
ments on Middle Branch and South Branch, Cross River, and a 
short reach of East Branch. 
The Corunna feature of the project for flood control, Saginaw 
River, Michigan, authorized by the Flood Control Act of 1958, 
which feature provides for flood protection by channel improve- 
; ,. ,.i \,^, 
ment, levee construction, and related work including construc-
tion of a 1,500 foot levee on the right bank; widening of two 
constrictive reaches of the Saginaw River at, and downstream 
of, the mill dam; enlargement of the spillway capacity of the 
mill dam; and removal of the remains of an abandoned railway 
•"« 
bridge at the tile plant. 
The Owosso feature of the project for flood control, Saginaw 
River, Michigan, authorized by the Flood Control Act of 1958, 
which feature provides flood protection by enlarging the river 
channel from the Ann Arbor Railroad Bridge to the city sewage 
treatment plant, removal of a portion of a building which 
encroaches on the river channel, removal of four dams and 
underpinning of the Main Street Bridge, and the provision of 
scour protection of four bridges. 
The project for beach erosion control, Berrien County, Michi-
gan (Saint Joseph Shore), authorized by the Flood Control Act of 
1958. 
The feature of the project for navigation, Alpena Harbor, 
Michigan, authorized by the River and Harbor Act of 1965, 79 Stat. 1089. 
which feature consists of the proposed turning basin and break-
water reconfiguration. 
MINNESOTA 
The project for flood control, Warroad River and Bull Dog 
Creek, Minnesota, authorized by the Flood Control Act of 1962. 76 Stat. 1180. 
The feature of the navigation project for the Mississippi River 
between the Missouri River and Minneapolis, Minnesota, au-
thorized by the River and Harbor Act of July 3, 1930, which 46 Stat. 918. 
feature consists of extension of the upper guidewall about 600 
feet in length at lock numbered 3. 
MISSISSIPPI 
The project for navigation, Biloxi Harbor, Old Fort Bayou, 
Mississippi, authorized by the River and Harbor Act of March 2, 
1945, Public Law 14, Seventy-ninth Congress. 
59 Stat. 10. j^ y
^ 
100 STAT. 4214 
PUBLIC LAW 99-662—NOV. 17, 1986 
The project for flood control, Buffalo River, Mississippi, au-
thorized by the Flood Control Act of June 22, 1936, Public Law 
49 Stat. 1570. 
738, Seventy-fourth Congress. 
u^ f
x .« 
r 
'^^^ project for navigation, Pascagoula Harbor, Main Chan-
nel, Mississippi, authorized by the River and Harbor Act of 
.y, March 2,1827. 
MISSOURI 
The project for recreation. Angler Use Sites, Missouri, au-
80 Stat. 1418. ^ 
thorized by the Flood Control Act of 1966. 
The project for flood control, Mississippi River Agricultural 
Area 12, Missouri, authorized by the Flood Control Act of 1966. 
The project for hydroelectric power, Pomme de Terre Lake 
(Power Project), Missouri, authorized by the Flood Control Act 
68 Stat. 1248. 
• 
of 1954. 
The project for navigation, Sandy Slough Remedial Meeisures, 
""'^' Missouri, authorized by the River and Harbor Act of 1962. 
The project for flood control. Mill Creek Lake, Missouri, 
84 Stat. 1818. 
authorized by the Flood Control Act of 1970. 
NEBRASKA 
The project for flood control. Little Nemaha River, Nemaha 
79 Stat. 1073. 
,£. 
County, Nebraska, authorized by the Flood Control Act of 1965. 
,. 
NEVADA 
The project for flood control, Gleason Creek Dam, Nevada, 
74 Stat. 488. 
authorized by the Flood Control Act of 1960. 
The project for flood control, Humboldt River and Tributaries, 
64 Stat. 163. 
Nevada, authorized by the Flood Control Act of 1950. 
NEW JERSEY 
If 
The feature of the project for navigation, Newark Bay, Hack-
e
e 
ensack and Passaic Rivers, New Jersey, authorized by the River 
68 Stat. 1248. 
and Harbor Act of 1954 and by the River and Harbor Act of 
80 Stat. 1405. 
1966 which feature consists of deepening of portions of the 
Hackensack River to 32 and 15 feet. 
NEW YORK 
The project for flood control, Allegany, New York, Unit 2, 
Five Mile Creek, authorized by the Flood Control Act of July 24, 
60 Stat. 641. 
1946, Public Law 526, Seventy-ninth Congress. 
The project for flood control, Allegany, New York, Unit 1, 
Allegheny River, authorized by the Flood Control Act of July 24, 
1946, Public Law 526, Seventy-ninth Congress. 
The project for navigation, Hudson River, New York City to 
Albany (12-foot harbors). New York, authorized by the River 
and Harbor Act of June 25, 1910, Public Law 264, Sixty-first 
Congress. 
The project for navigation, Hudson River, New York City to 
Albany (27-foot channel). New York, authorized by the Act of 
, 
March 3,1925, Public Law 585, Sixty-eighth Congress. 
The project for navigation, Ogdensburg Harbor, New York, 
authorized by the River and Harbor Act of August 30, 1935, 
49 Stat. 1028. ''^ 
Public Law 409, Seventy-third Congress. 
PUBLIC LAW 99-662—NOV. 17, 1986 
100 STAT. 4215 
The project for flood control, Red Creek, New York, au-
thorized by the Flood Control Act of 1966. 
80 Stat. 1418. 
The uncompleted portion of the project for navigation, Ticon- 
i i 
deroga River, Essex County, New York, authorized by the River 
and Harbor Act of March 3,1881. 
The project for navigation, Cape Vincent Harbor, New York, 
authorized by the River and Harbor Act of March 2, 1945, 
Public Law 14, Seventy-ninth Congress. 
59 Stat. 10. 
The project for hurricane protection. East Rockaway Inlet to 
Rockaway Inlet, Part 2, New York, authorized by the Flood 
Control Act of 1965. 
79 Stat. 1073. 
The project for flood protection, Hammondsport, Glen Brook 
(Glen Brook Flume), New York, authorized by the Flood Control 
Act of August 18, 1941, Public Law 228, Seventy-seventh 
Congress. 
55 Stat. 638. 
NORTH CAROLINA 
The feature of the project for navigation, Atlantic Intra-
coastal Waterway—Peltier Creek, Carteret County, North Caro-
lina, authorized by the River and Harbor Act of 1954, which 68 Stat. 1248. 
feature includes a 12-foot channel. Maintenance of the existing 
6-foot deep by 50-foot wide channel shall remain authorized. 
The project for navigation, Atlantic Intracoastal Waterway 
Tidal Lock in Snows Cut, North Carolina, authorized by the 
River and Harbor Act of January 21, 1927, Public Law 560, 
Seventieth Congress. 
The feature of the project for beach erosion control, Fort 
Macon State Park, North Carolina, authorized by the River and 
Harbor Act of 1962 and the Flood Control Act of 1962, which 
76 Stat. 1173, 
feature includes placing of capstone and remaining portions of H^O. 
beach fill and replenishment thereof. 
The feature of the project for navigation, Morehead City 
Harbor, North Carolina, authorized by the River and Harbor 
Act of August 26, 1937, Public Law 392, Seventy-fifth Congress. 
The project for beach stabilization and hurricane protection, 
Ocracoke Island, North Carolina, authorized by the Flood Con-
trol Act of 1965. 
The project for beach stabilization and hurricane protection, 
Ocracoke Island-Village Shore, North Carolina, authorized by 
the Flood Control Act of 1965. 
The feature of the project for navigation, Ocracoke Inlet 
Jetty, Hyde County, North Carolina, authorized by the River 
and Harbor Act of 1960, which feature consists of a single jetty 
74 Stat. 480. 
extending from Ocracoke Island to the 20-foot depth in the 
Atlantic Ocean. 
The portion of the project for navigation, Roanoke River, 
Halifax County, North Carolina, authorized by the River and 
Harbor Act of June 20, 1938, Public Law 685, Seventy-fifth 
Congress, which portion consists of constructing a 50-mile-long 
channel above Palmyra Landing to Weldon, North Carolina, 
5 feet deep and 50 feet wide by dredging, snagging, and 
regulating. 
^ ^ 
OHIO 
The additional beartraps, guardwalls, and extension of 
guidewalls features of the project for navigation, Ohio River, 
Ohio, authorized by the Flood Control Act of 1937. 
50 Stat. 877. 
,3= ',d 
100 STAT. 4216 
PUBLIC LAW 99-662—NOV. 17, 1986 
-HH The project for flood control, Burlington, Ohio, authorized by 
the Flood Control Act of June 28,1938, Public Law 761, Seventy-
52 Stat. 1215. 
fifth 
Congress. 
The project for flood control, Chesapeake, Ohio, authorized by 
the Flood Control Act of June 28,1938, Public Law 761, Seventy-
fifth Congress. 
The project for flood control, Empire-Stratton, Ohio, au-
"i ^la i - 
thorized by the Flood Control Act of June 28, 1938, Public Law 
761, Seventy-fifth Congress. 
The project for flood control, Martins Ferry, Belmont County, 
^ ' ' ^ 
Ohio, authorized by the Flood Control Act of June 28, 1938, 
Public Law 761, Seventy-fifth Congress. 
The project for flood control, Powhatan Point, Belmont 
County, Ohio, authorized by the Flood Control Act of June 28, 
-'' 
1938, Public Law 761, Seventy-fifth Congress. 
The project for flood control, Proctorville, Ohio, authorized by 
the Flood Control Act of June 28,1938, Public Law 761, Seventy-
fifth Congress. 
,, 
^ , . 
The project for flood control. South Point, Ohio, authorized by 
'* ^' "''''' 
the Flood Control Act of June 28,1938, Public Law 761, Seventy-
fifth Congress. 
The project for flood control. Salt Creek Lake, Ohio, au-
76 Stat. 1180. 
thorized by the Flood Control Act of 1962. 
; . 
'"'^ 
OREGON 
,.,. /,..,,,..,;;> 
The project for flood control, Columbia Drainage District 
64 Stat. 170. 
No. 1, Oregon, authorized by the Flood Control Act of 1950. 
The project for flood control. Deer Island Drainage District, 
Oregon, authorized by the Flood Control Act of 1950. 
The project for flood control, Shelton Ditch, Marion County, 
Oregon, authorized by the Flood Control Act of 1950. 
The project for flood control, Umpqua River-Scholfield River, 
Oregon, authorized by the Flood Control Act of September 22, 
1922, Public Law 362, Sixty-seventh Congress, and the Flood 
68 Stat. 1248. 
Control Act of 1954. 
The project for flood control, Cascadia Lake, Oregon, au-
thorized by the Flood Control Act of 1962. 
The project for flood control. Gate Creek Lake, Oregon, au-
thorized by the Flood Control Act of 1962. 
The project for flood control, Grande Ronde Lake, Oregon, 
79 Stat. 1073. 
authorized by the Flood Control Act of 1965. 
The project for flood control, Grande Ronde Valley, Oregon, 
authorized by the Flood Control Act of 1950. 
The project for flood control, HoUey Lake, Oregon, authorized 
by the Flood Control Act of 1950. 
The project for flood control, Pendleton Levees, Riverside 
Area, Oregon, authorized by the Flood Control Act of 1950. 
The uncompleted portions of the project for navigation, 
Willamette River above Portland and Yamill River, Oregon, 
54 Stat. 202. 
authorized by the River and Harbor Act of June 3, 1896, as 
modified by the River and Harbor Act of June 28, 1938, Public 
Law 761, Seventy-fifth Congress. 
The project for navigation, Willamette River at Willamette 
Falls, Oregon, authorized by the River and Harbor Act of June 
V : tri<: lit 
25,1910, Public Law 264, Sixty-first Congress, and the River and 
PUBLIC LAW 99-662—NOV. 17, 1986 
100 STAT. 4217 
Harbor Act of March 2, 1945, Public Law 14, Seventy-ninth 
Congress. 
59 Stat. 10. 
PENNSYLVANIA 
The project for flood control, Brackenridge, Tarentum, and 
Natrona, Pennsylvania, authorized by the Flood Control Act of 
June 28,1938, Public Law 761, Seventy-fifth Congress. 
52 Stat. 1215. 
The project for navigation, Chester River, Delaware County 
(8-ft. channel), Pennsylvania, authorized by the River and 
Harbor Act of March 2, 1919, Public Law 323, Sixty-fifth 
Congress. 
The project for flood control, Leetsdale, Allegheny County, 
Levee and Drainage Facility, Pennsylvania, authorized by the 
Flood Control Act of June 28, 1938, Public Law 761, Seventy-
fifth Congress. 
The project for flood control. Muddy Creek Lake, Pennsylva- 
^ "
^
^ ' 
nia, authorized by the Flood Control Act of 1962. 
76 Stat. 1180. 
The project for flood control, Neville Island, Pennsylvania, 
authorized by the Flood Control Act of June 28, 1938, Public 
, ^^ ,, 
Law 761, Seventy-fifth Congress. 
* *'* ^ 
The project for flood control. New Kensington and Parnassus, 
Pennsylvania, authorized by the Flood Control Act of June 28, 
1938, Public Law 761, Seventy-fifth Congress. 
The project for flood control, Rochester, Beaver County, Penn-
sylvania, authorized by the Flood Control Act of June 28, 1938, 
;; 
-;;', 
Public Law 761, Seventy-fifth Congress. 
The project for flood control, Trexler Dam and Lake, Lehigh 
County, Pennsylvania, authorized as part of the Delaware River 
Bsisin project pursuant to section 203 of the Flood Control Act of 
1962. 
The project for navigation, Youghiogheny River Canalization, 
Pennsylvania, authorized by the River and Harbor Act of 1930, 
Public Law 395, Seventy-first Congress. 
46 Stat. 918. 
The project for flood control, Aquashicola Lake, Pennsylva-
nia, authorized by the Flood Control Act of 1962. 
The project for flood control, Maiden Creek Lake Earth Dam, 
Pennsylvania, authorized by the Flood Control Act of 1962. 
PUERTO RICO 
The project for navigation, Fajardo Harbor (28 foot Channel 
arid Tidal Basin), Puerto Rico, authorized by the River and 
Harbor Act of March 2, 1945, Public Law 14, Seventy-ninth 
Congress. 
The project for navigation, Guayanes Harbor (23 foot channel 
and anchorage), Puerto Rico, authorized by the River and 
Harbor Act of August 26, 1937, Public Law 392, Seventy-fifth 
-
^ 
Congress. 
RHODE ISLAND 
The features of the project for navigation. Great Salt Pond, 
Newport County, Rhode Island, authorized by the River and 
Harbor Act of March 2, 1945, Public Law 14, Seventy-ninth 
Congress, which features include a 1,200-foot long north jetty at 
the entrance to Great Salt Pond and a 12-foot access channel 
and basin in the inner harbor (Trim Pond). 
100 STAT. 4218 
PUBLIC LAW 99-662—NOV. 17, 1986 
54 
Stat. 202. 
79 
Stat. 
1089. 
79 
Stat. 1073. 
^jQ 
The features of the project for navigation, Harbor of Refuge, 
Block Island, Rhode Island, authorized by the River and Harbor 
Act of July 25, 1912, Public Law 241, Sixty-second Congress, 
which features include two 15-foot anchorages in the outer 
harbor. 
; 
The portions of the project for navigation, Pawcatuck River, 
Washington County, Rhode Island, authorized by the River and 
Harbor Act of June 3,1896, which portions include widening the 
middle section of the Little Narraganset Bay channel by an 
additional 100 feet to 200 feet, widening a 5,000 foot section of 
the river channel at Avondale by an additional 100 feet to 200 
feet, and by deepening a 2,000 foot section of the upper river 
channel by an additional 3 feet to 10 feet. 
The portion of the project for navigation. Providence River 
and Harbor, Rhode Island, authorized by the River and Harbor 
Act of 1965, which portion consists of the branch channel along 
the India Point waterfront, 30 feet deep, 150 feet wide, and 
about 1,000 feet long. 
The project for flood control. Westerly Hurricane Protection, 
Rhode Island, authorized by the Flood Control Act of 1965. 
59 Stat. 10. 
42 use 1962d-5. 
SOUTH CAROUNA 
The project for navigation, Charleston Harbor, Ft. Moultrie 
Anchorage Area, South Carolina, authorized by the River and 
Harbor Act of March 2, 1945, Public Law 14, Seventy-ninth 
Congress. 
The project for navigation. Myrtle Beach, Anchorage Basin, 
South Carolina, authorized by the River and Harbor Act of 
March 2,1945, Public Law 14, Seventy-ninth Congress. 
The project for flood control. Reedy River, Greenville, South 
Carolina, authorized by section 201 of the Flood Control Act of 
1965 and approved by resolution of the Committee on Public 
Works of the House of Representatives, dated December 1970, 
and resolution of the Committee on Public Works of the Senate, 
dated December 1970. 
TENNESSEE 
The project for navigation, Cumberland River above Nash-
ville, Tennessee, authorized by the River and Harbor Act of 
h"-< August 5,1886. 
The project for navigation, Hiwassee River, Polk and Bradley 
Counties, Tennessee, authorized by the River and Harbor Act of 
August 14,1876. 
The project for flood control, Rossview Lake, Tennessee and 
Kentucky, authorized by the Flood Control Act of June 28, 1938, 
52 Stat. 1215. 
Public Law 761, Seventy-fifth Congress. 
The project for hydroelectric power, Alabama-Coosa River 
Basin, Jacks River Lake, Tennessee, authorized by the River 
and Harbor Act of March 2, 1945, Public Law 14, Seventy-ninth 
Congress. 
TEXAS 
The project for flood control, Alpine, Texas, authorized by 
-_ section 201 of the Flood Control Act of 1965 and approved by 
resolution of the Committee on Public Works of the House of 
PUBLIC LAW 99-662—NOV. 17, 1986 
100 STAT. 4219 
Representatives, dated April 11, 1974, and resolution of the 
Committee on Public Works of the Senate, dated May 31, 1974. 
The portion of the project for navigation, Brazos Island 
Harbor, Texas, authorized by the River and Harbor Act of 1960, 74 Stat. 480. 
which portion consists of the north jetty extension. 
The project for navigation, Brazos River, Velasco to Old 
Washington, Texas, authorized by the River and Harbor Act of 
June 13,1902. 
32 Stat. 331. 
The project for navigation. Cedar Bayou (mile 3.0 to mile 
11.0), Harris, Texas, authorized by the River and Harbor Act of 
September 19,1890, as amended by the River and Harbor Act of 
July 3,1930, Public Law 520, Seventy-first Congress. 
46 Stat. 918. 
The feature of the navigation project for the Channel to Port 
Bolivar, Texas, authorized by the River and Harbor Act of 
March 2, 1907, Public Law 168, Fifty-ninth Congress, as 
amended by the River and Harbor Act of June 25, 1910, Public 
Law 264, Sixty-first Congress, and the River and Harbor Act of 
March 2, 1919, which feature consists of a turning basin of 750 
feet wide by 1,600 feet long and 30 feet deep. 
The project for flood control. Duck Creek Channel Improve-
ment, Texas, authorized by the Flood Control Act of 1965. 79 Stat. 1073. 
The portion of the project for navigation. Gulf Intracoastal 
Waterway Channel to Harlingen, Texas, authorized by the 
River and Harbor Act of March 2, 1945, Public Law 14, Seventy-
ninth Congress, which portion consists of a channel from mile 
59 Stat. 10. 
25.8 to mile 31.0 on the Arroyo Colorado, upstream of the 
turning basin between Rio Hondo and Harlingen, Texas. 
> 
The feature of the project for navigation. Gulf Intracoastal 
Waterway-Chocolate Bayou, Texas, authorized by the River and 
Harbor Act of 1965, which feature consists of channel enlarge- 
79 Stat. 1089. 
ment to 9 by 100 feet from channel mile 8.2 to channel mile 13.2 
and construction of a turning basin 600 feet wide and 9 feet deep 
at channel mile 13.2 on Chocolate Bayou. 
The portion of the project for navigation, Houston Ship Chan-
nel, Greens Bayou, Texas, authorized by the River and Harbor 
Act of 1965, which portion consists of the upper 1.1 mile incre-
ment of the project channel on Greens Bayou. 
The portion of the project for navigation, Gulf Intracoastal 
Waterway, Texas, Channel Relocation in Matagorda Bay, au-
thorized by the River and Harbor Act of June 25, 1910, Public 
Law 264, Sixty-first Congress, as amended by the River and 
61 Stat. 630. 
Harbor Act of 1925, Public Law 585, Sixty-eighth Congress, the 
68 Stat. 1186. 
River and Harbor Act of January 21, 1927, Public Law 560, 
Sixty-ninth Congress, the River and Harbor Act of July 23,1942, 
Public Law 675, Seventy-seventh Confess, and the River and 
Harbor Act of 1962, which portion consists of the relocation of a 
76 Stat. 1173. 
segment of the Gulf Intracoastal Waterway in Matagorda Bay 
between miles 454.3 and 471.3. 
The project for flood control. Lake Brownwood, Texas, au-
thorized by the Flood Control Act of 1968. 
82 Stat. 731. 
The project for flood control. Lake Fork Lake-Lake Fork 
Creek, Texas, authorized by the Flood Control Act of 1970. 84 Stat. 1818. 
The project for flood control, Navasota Lake, Texas, au-
thorized by the Flood Control Act of 1968. 
The project for flood control, Pej^on Creek, Matagorda 
County, Texas, authorized by section 201 of the Flood Control 
Act of 1965 and approved by resolutions of the Committee on 
42 use i962d-5. 
100 STAT. 4220 
PUBLIC LAW 99-662—NOV. 17, 1986 
Public Works of the House of Representatives and the Commit-
tee on Public Works of the Senate, dated October 12, 1972. 
The project for flood control, Plainview, Texas, authorized by 
42 use l962d-5. 
section 201 of the Flood Control Act of 1965 and approved by 
resolution of the Committee on Public Works of the House of 
Representatives, dated December 15, 1970, and the Committee 
to 
on Public Works of the Senate, dated December 17,1970. 
The project for flood control, Roanoke Lake, Texas, au-
79 Stat. 1089. 
thorized by the River and Harbor Act of 1965. 
The portion of the project for navigation, Sabine Neches 
Waterway Channel to Echo, Texas, authorized by the River and 
76 Stat. 1173. 
Harbor Act of 1962, which portion consists of the unconstructed 
' 
channel in the Sabine River between Orange and Echo, Texas. 
The project for navigation, Sabine River, Echo to Morgan 
84 Stat. 1818. 
• 
Bluff, Texas, authorized by the Flood Control Act of 1970. 
The Liberty Local Protection feature of the project for flood 
control. Trinity River and tributaries, Texas, authorized by the 
79 Stat. 1073. 
- 
Flood Control Act of 1965. 
The portion of the project for Gulf Intracoastal Waterway-
Channel to Port Mansfield, Texas, authorized by section 4 of 
73 Stat. 478. 
Public Law 86-248, which consists of a small craft basin at Port 
Mansfield, Texsis. 
UTAH 
The project for flood control, Weber River and Tributaries, 
i it 
Morgan County, Utah, authorized by section 206 of the River 
82 Stat. 745. 
and Harbor Act of 1968. 
MOi 
49 Stat. 1570. 
Stat. 1248. 
-ifr 
52 Stat. 1215. 
59 Stat. 10. 
VERMONT 
The project for flood control, Bennington, Vermont, au-
thorized by the Flood Control Act of June 22, 1936, Public Law 
738, Seventy-fourth Congress. 
The project for navigation. Otter Creek, Addison County, 
Vermont, authorized by the River and Harbor Act of June 10, 
1872. 
The project for flood control, Rutland Otter Creek, Vermont, 
authorized by the Flood Control Act of June 22, 1936, Public 
Law 738, Seventy-fourth Congress, as amended by the Flood 
Control Act of July 31, 1947, Public Law 296, Eightieth 
Congress. 
VIRGINIA 
The project for navigation. Thimble Shoal Channel, Virginia, 
authorized by the River and Harbor Act of 1954 consisting of 
side channels 32 feet deep and 450 feet wide on both sides of the 
1,000-foot channel. 
The project for flood control, water quality control, recre-
ation, fish and wildlife enhancement, and hydroelectric power 
generation, Moore's Ferry Lake, Virginia and North Carolina, 
authorized by the Flood Control Act of June 28, 1938, Public 
Law 761, Seventy-fifth Congress. 
The feature of the project for navigation, Pamunkey River, 
Hanover and King Counties, Virginia, authorized by the River 
and Harbor Act of March 2, 1945, Public Law 14, Seventy-ninth 
Congress, which feature consists of a channel 5 feet deep and 50 
feet wide between Bassett Ferry and Manquin Bridge. 
PUBLIC LAW 99-662—NOV. 17, 1986 
100 STAT. 4221 
VIRGIN ISLANDS 
The uncompleted portion of the project for navigation, Chris-
tiansted Harbor-St. Croix, Virgin Islands, authorized by the 
River and Harbor Act of 1950, which portion consists of an 
64 Stat. 163. 
approach channel 25 feet and 300 feet wide from the Caribbean 
Sea to and including a turning basin 25 feet deep, approxi- 
; ii i «
^ 
mately 600 feet wide, and 900 feet long. 
The portion of the project for navigation, St. Thomas Harbor, 
Virgin Islands, authorized by the River and Harbor Act of 
August 26, 1937, Public Law 392, Seventy-fifth Congress, which 
portion consists of construction of an entrance channel 36 feet 
deep and 600 feet wide, an anchorage area 33 feet deep, a 
breakwater 700 feet long between Rupert Rock and the main-
land, and removal of Scorpion Rock to a depth of 36 feet. 
WAKE ISLAND 
The project for navigation. Wake Island Harbor, Wake Island, 
authorized by the River and Harbor Act of August 26, 1937, 
Public Law 392, Seventy-fifth Congress. 
WASHINGTON 
'^- 
The project for flood control, Entiat River, Chelan County, 
Washington, authorized by the Flood Control Act of 1950. 
64 Stat. 170. 
The project for flood control, Lower Walla Walla River, 
Washington, authorized by the Flood Control Act of 1950. 
The project for flood control, Methow River, Okanogan 
County, Washington, authorized by the Flood Control Act of 
The uncompleted portion of the project for flood control, 
Okanogan River, Okanogan, Washington, authorized by the 
Flood Control Act of 1950. 
>'m& The unconstructed groin feature of the project for navigation, 
Quillayute River, Clallam County, Washington, authorized by 
r-j Mf€ t?) 
the Act of July 3, 1930, Public Law 520, Seventy-first Congress-
The feature of the project for navigation, Seattle Harbor, 
King County, Washington, authorized by the Act of July 3,1930, 
Public Law 520, Seventy-first Congress, which feature consists 
of a settling basin located at the upper end of the existing 
Duwamish waterway navigation project about 1.4 miles above 
I, ,, the 14th Avenue South Bridge. 
The project for flood control, Spokane River, Spokane, 
Washington, authorized by the Flood Control Act of June 28, 
1938, Public Law 761, Seventy-fifth Congress. 
52 Stat. 1215. 
The project for flood control, Yakima River at Ellensburg, 
f 
Washington, authorized by the Flood Control Act of 1950. 
The project for flood control, Palouse River, Whitman County, 
Washington, authorized by the Flood Control Act of 1950. 
The project for flood control, Pullman Palouse River, 
Washington, authorized by the Flood Control Act of 1944. 
58 Stat. 887. 
The project for navigation, Stillaquamish River, Washington, 
'' - ^' authorized by the Act of March 2, 1945, Public Law 14, Seventy- 
59 Stat. 10. 
ninth Congress. 
100 STAT. 4222 
PUBLIC LAW 99-662—NOV. 17, 1986 
WEST VIRGINIA 
The project for flood control, Moundsville, Marshall County, 
Levees, West Virginia, authorized by the Flood Control Act of 
52 Stat. 1215. 
June 28,1938, Public Law 761, Seventy-fifth Congress. 
The project for flood control. Panther Creek Lake, West 
79 Stat. 1073. 
Virginia, authorized by the Flood Control Act of 1965. 
"Hie project for flood control, Proctor, Wetzel County, West 
Virginia, authorized by the Flood Control Act of June 28, 1938, 
I 
Public Law 761, Seventy-fifth Congress. 
The project for flood control, Ravenswood, West Virginia, 
authorized by the Flood Control Act of June 28, 1938, Public 
Law 761, Seventy-fifth Congress. 
The project for flood control, Warwood, Ohio County, Wall 
and Drainage, West Virginia, authorized by the Flood Control 
Act of June 28, 1938, Public Law 761, Seventy-fifth Congress. 
The project for flood control. North Wheeling, Ohio County, 
West Virginia, authorized by the Flood Control Act of June 28, 
1938, Public Law 761, Seventy-fifth Congress. 
The project for flood control, Wheeling, Ohio County, Levees, 
Walls and Pumping Plant, West Virginia, authorized by the 
Flood Control Act of June 28, 1938, Public Law 761, Seventy-
fifth Congress. 
The project for flood control. Wheeling Island, Ohio County, 
West Virginia, authorized by the Flood Control Act of June 28, 
; 1 G 
1938, Public Law 761, Seventy-fifth Congress. 
The project for flood control. Birch Lake, West Virginia, 
authorized by the Flood Control Act of June 28, 1938, Public 
f 
Law 761, Seventy-fifth Congress. 
The project for flood control. Woodlands, Marshall County, 
West Virginia, authorized by the Flood Control Act of June 28, 
1938, Public Law 761, Seventy-fifth Congress. 
' 
WISCONSIN 
The project for navigation, Hudson Small Boat Harbor, 
64 Stat. 170. 
Wisconsin, authorized by the Flood Control Act of 1950. 
WYOMING 
The project for flood control, Buffalo, Johnson County, Diver-
sion Channel, Wyoming, authorized by the Flood Control Act of 
1950. 
SEC. 1003. (a) The project for flood control, Lakeport Lake, Califor-
nia, authorized by the Flood Control Act of 1965, is not authorized 
after the date of enactment of this Act. 
(b) Notwithstanding section 203 of the Federal Property and 
40 use 484. 
Administrative Services Act of 1949 and any other provision of law, 
the Secretary shall, during the five-year period beginning on the 
date of enactment of this Act, make all lands acquired by the United 
States for the Lakeport Lake project avsiilable for purchase by the 
Lake County Flood and Water Conservation District at the price at 
which such lands were acquired by the United States. Such District 
' 
may waive the right to purchase any lands under the preceding 
sentence at any time during such period. 
U t 
(c) Any conveyance of land under subsection (b) shall be made on 
the condition that the Lake County Flood and Water Conservation 
District retain title to and administer such land for flood control and 
PUBLIC LAW 99-662—NOV. 17, 1986 
100 STAT. 4223 
related purposes. If, at any time after such conveyance, title to such 
land is not retained or such land is not so administered, all right, 
title, and interest in such land shall revert to the United States 
which shall have immediate right of reentry thereon. 
SEC. 1004. (a) The Onaga Lake project, Vermillion Creek, Kansas, 
authorized by the Flood Control Act of 1962 (Public Law 87-874), is 
not authorized after the date of enactment of this Act. 
(b) The Secretary shall expedite the current study under section 
216 of the Flood Control Act of 1970 with respect to the addition of 
water supply storage at Tuttle Creek Lake, Kansas. 
SEC. 1005. (a) The portion of the flood control project for the 
Illinois River and tributaries, Illinois, Wisconsin, and Indiana, au-
thorized by section 203 of the Flood Control Act of 1962 (76 Stat. 
1189) which is to be located on the Sangamon River, Illinois, about 1 
mile upstream from Decatur, Illinois, and which is known as the 
William L. Springer Lake project is not authorized after the date of 
enactment of this Act. 
(b) Notwithstanding section 203 of the Federal Property and 
Administrative Services Act of 1949 and any other provision of law, 
before any lands acquired by the United States for the William L. 
Springer Lake project referred to in subsection (a) of this section are 
sold or otherwise disposed of or used for any purpose other than to 
carry out such project, such lands shall first be made available for 
purchase by the city of Decatur, Illinois, at the price at which such 
lands were acquired by the United States. Such lands shall remain 
in public ownership for use for public purposes, and if any of such 
lands are not so owned or used, then such lands shall revest in the 
United States. 
SEC. 1006. (a) The portion described in subsection (b) of the project 
for navigation, Mianus River, Connecticut, authorized by the River 
and Harbor Act approved March 2, 1945, is not authorized after the 
date of the enactment of this Act. 
O
t
>
) The portion referred to in subsection (a) is the portion located 
at the northwest corner of the project and described as follows: 
Beginning at a point forming the northwesterly corner of the 
project and designated with the coordinate of North 14297.99; 
East 13035.00; thence along the following four courses and 
distances: 
(1) South 86 degrees, 22 minutes, 56 seconds East 25.00 
feet (coordinate: N14297.99 E13025.00) 
(2) South 3 degrees, 37 minutes, 18 seconds West 326.25 
feet (coordinates N14296.251 E13049.95) 
(3) South 23 degrees, 23 minutes, 64 seconds West 73.89 
feet (coordinate: N13970.8 E13029.34) 
(4) North 3 degrees, 37 minutes, 18 seconds East 395.78 
feet (coordinate: N13903.00 E13000.00) 
the point and place of beginning. 
Kansas. 
76 Stat. 1180. 
84 Stat. 1830. 
Illinois. 
Wisconsin. 
Indiana. 
40 u s e 484. 
Connecticut. 
59 Stat. 10. 
TITLE XI—MISCELLANEOUS PROGRAMS AND PROJECTS 
SEC. 1101. CONTROL OF ICE. 
33 USC 2307. 
(a) The Secretary shall undertake a program of research for the 
Research and 
control of ice, and to assist communities in breaking up ice, which development, 
otherwise is likely to cause or aggravate flood damage or severe 
streambank erosion. 
100 STAT. 4224 
PUBLIC LAW 99-662—NOV. 17, 1986 
State and local 
governments. 
Appropriation 
authorization. 
Vermont. 
Appropriation 
authorization. 
Idaho. 
Reports. 
Appropriation 
authorization. 
Illinois. 
Reports. 
Appropriation 
authorization. 
Reports. 
(b) The Secretary is further authorized to provide technical assist-
ance to units of local government to implement local plans to 
control or break up such ice. As part of such authority, the Sec-
retary shall acquire necessary ice-control or ice-breaking equipment, 
which shall be loaned to units of local government together with 
operating assistance, where appropriate. 
(c) There is authorized to be appropriated $5,000,000 per fiscal 
year for each of the fiscal years 1988, 1989, 1990, 1991, and 1992 for 
purposes of carrying out subsections (a) and (b) of this section, such 
sums to remain available until expended. 
(d) To implement further the purposes of this section, the Sec-
retary, in consultation and cooperation with local officials, is au-
thorized and directed to undertake a demonstration program for the 
control of ice at Hardwick, Vermont. The work authorized by this 
subsection shall be designed to minimize the danger of flooding due 
to ice problems in the vicinity of such community. In the design, 
construction, and location of ice-control structures for this project, 
full consideration will be given to the recreational, scenic, and 
environmental values of the reach of river affected by the project, in 
order to minimize project impacts on these values. Full opportunity 
shall be given to interested environmental and recreational 
organizations to participate in such planning. There is authorized to 
be appropriated $900,000 for fiscal years beginning after Septem-
ber 30, 1986, for the purposes of carrying out this subsection, such 
sum to remain available until expended. 
(e)(1) The Secretary is directed to complete an experimental pro-
gram placing screens in the Salmon River in the vicinity of Salmon, 
Idaho, to trap frazil ice, and thus to eliminate flooding caused by ice 
dams in the river. Within one year of the enactment of this Act, the 
Secretary shall report to the Congress on the feasibility of such 
experiment, including consideration of any adverse environmental 
or social effects that could result from such experiment. If, in the 
Secretary's judgment, such experiment is not feasible or acceptable, 
the Secretary is authorized to consult with local public interests to 
develop a plan that is workable and practical, and then to submit 
such plan to Congress. 
(2) There is authorized to be appropriated $1,000,000 for fiscal 
years beginning after September 30, 1986, for purposes of carrying 
out this subsection, such sum to remain available until expended. 
(f)(1) To implement further the purposes of this section, the Sec-
retary shall carry out a project for the control of ice on the Kan-
kakee River in the vicinity of Wilmington, Illinois. The Secretary 
shall report to Congress not later than one year after the date of 
enactment of this Act and annually thereafter on the effectiveness 
of the program under this section with respect to the Kankakee 
River in the vicinity of Wilmington, Illinois. 
(2) There is authorized to be appropriated $3,000,000 for fiscal 
years beginning after September 30, 1986, for purposes of carrying 
out this subsection, such sum to remain available until expended. 
(g) Cost sharing applicable to flood control projects under section 
103 shall apply to projects under this section. 
(h) Not later than March 1, 1989, the Secretary shall report to the 
Congress on activities under this section. 
;v,>"^9 jjrv 
PUBLIC LAW 99-662—NOV. 17, 1986 
100 STAT. 4225 
SEC. 1102. GAULEY RIVER WHITEWATER RECREATION. 
(a) Whitewater recreation on the Gauley River downstream of the 
Summersville Lake Project in West Virginia is a project purpose of 
that project. 
(b) During the fall flood control drawdown period for the 
Summersville Lake Project, the Secretary shall provide releases 
from the Summersville Dam for Whitewater recreation in the 26 
mile tailwater segment of the Gauley River commencing at the base 
of such dam. Such releases shall be at levels (minimum 2,500 cubic 
feet per second) and at times suitable for Whitewater recreation. The 
releases shall commence on the first weekend after Labor Day of 
each year. In each year there shall be releases on at least 20 days 
during the 6-week period beginning on Labor Day. Additional re-
leases may be provided at other times during the fall drawdown at 
the discretion of the Secretary. 
(c) The Secretary may temporarily suspend (for such period as 
may be necessary) or modify any release required under subsection 
(b) when necessary for purposes of flood control or any other project 
purpose, or for reasons of public health and safety. Except in cases 
of emergency, no suspension or modification of such releases may be 
made solely for reasons associated with the generation of hydro-
electric power at the Summersville Dam. 
(d) Nothing in subsection (b) of this section shall be construed to 
affect the authority of the Secretary regarding releases of water 
from the Summersville Dam for any project purpose (including the 
purpose set forth in subsection (a)) at any time other than during 
the period specified in subsection (b). 
SEC. 1103. UPPER MISSISSIPPI RIVER PLAN. 
(a)(1) This section may be cited as the "Upper Mississippi River 
Management Act of 1986". 
(2) To ensure the coordinated development and enhancement of 
the Upper Mississippi River system, it is hereby declared to be the 
intent of Congress to recognize that system as a nationally signifi-
cant ecosystem and a nationally significant commercial navigation 
system. Congress further recognizes that the system provides a 
diversity of opportunities and experiences. The system shall be 
administered and regulated in recognition of its several purposes. 
O
t
>
) For purposes of this section— 
(1) the terms "Upper Mississippi River system" and "system" 
mean those river reaches having commercial navigation chan-
nels on the Mississippi River main stem north of Cairo, Illinois; 
the Minnesota River, Minnesota; Black River, Wisconsin; Saint 
Croix River, Minnesota and Wisconsin; Illinois River and 
Waterway, Illinois; and Kaskaskia River, Illinois; 
(2) the term "Master Plan" means the comprehensive master 
plan for the management of the Upper Mississippi River 
system, dated January 1, 1982, prepared by the Upper Mis-
sissippi River Bsisin Commission and submitted to Congress 
pursuant to Public Law 95-502; 
(3) the term "GREAT I, GREAT II, and GRRM studies" 
' ' 
means the studies entitled "GREAT Environmental Action 
Team—GREAT I—A Study of the Upper Mississippi River", 
dated September 1980, "GREAT River Environmental Action 
Team—GREAT II—A Study of the Upper Mississippi River", 
^" dated December 1980, and "GREAT River Resource Manage-
ment Study", dated September 1982; and 
West Virginia. 
Flood control. 
;*2& oeu 
Upper 
Mississippi River 
Management 
Act of 1986. 
33 u s e 652. 
100 STAT. 4226 
PUBLIC LAW 99-662—NOV. 17, 1986 
42 u s e 1962b-3 
note. 
Illinois. 
Iowa. 
Minnesota. 
Missouri. 
Wisconsin. 
u s e prec. title 1. 
State and local 
governments. 
Illinois. 
Iowa. 
Minnesota. 
Missouri. 
Wisconsin. 
(4) the term "Upper Mississippi River Basin Association" 
means an association of the States of Illinois, Iowa, Minnesota, 
Missouri, and Wisconsin, formed for the purposes of cooperative 
effort and united assistance in the comprehensive planning for 
the use, protection, growth, and development of the Upper 
Mississippi River System. 
(cXD Congress hereby approves the Master Plan as a guide for 
future water policy on the Upper Mississippi River system. Such 
approval shall not constitute authorization of any recommendation 
contained in the Master Plan. 
(2) Section 101 of Public Law 95-502 is amended by striking out 
the last two sentences of subsection (b), striking out subsection (i), 
striking out the final sentence of subsection (j), and redesignating 
subsection "(j)" as subsection "(i)". 
(dXD The consent of the Congress is hereby given to the States of 
Illinois, Iowa, Minnesota, Missouri, and Wisconsin, or any two or 
more of such States, to enter into negotiations for agreements, not 
in conflict with any law of the United States, for cooperative effort 
and mutual assistance in the comprehensive planning for the use, 
protection, growth, and development of the Upper Mississippi River 
system, and to establish such agencies, joint or otherwise, or des-
ignate an existing multi-State entity, as they may deem desirable for 
making effective such agreements. To the extent required by Article 
I, section 10 of the Constitution, such agreements shall become final 
only after ratification by an Act of Congress. 
(2) The Secretary is authorized to enter into cooperative agree-
ments with the Upper Mississippi River Basin Association or any 
other agency established under paragraph (1) of this subsection to 
promote and facilitate active State government participation in the 
river system management, development, and protection. 
(3) For the purpose of ensuring the coordinated planning and 
implementation of programs authorized in subsections (e) and (h)(2) 
of this section, the Secretary shall enter into an interagency agree-
ment with the Secretary of the Interior to provide for the direct 
participation of, and transfer of funds to, the Fish and Wildlife 
Service and any other agency or bureau of the Department of the 
Interior for the planning, design, implementation, and evaluation of 
such programs. 
(4) The Upper Mississippi River Basin Association or any other 
agency established under paragraph (1) of this subsection is hereby 
designated by Congress as the caretaker of the master plan. Any 
changes to the master plan recommended by the Secretary shall be 
submitted to such association or agency for review. Such association 
or agency may make such comments with respect to such rec-
ommendations and offer other recommended changes to the master 
plan as such association or agency deems appropriate and shall 
transmit such comments and other recommended changes to the 
Secretary. The Secretary shall transmit such recommendations 
along with the comments and other recommended changes of such 
association or agency to the Congress for approval within 90 days ot 
the receipt of such comments or recommended changes. 
(eXD The Secretary, in consultation with the Secretary of the 
Interior and the States of Illinois, Iowa, Minnesota, Missouri, and 
Wisconsin, is authorized to undertake, as identified in the master 
plan— 
PUBLIC LAW 99-662—NOV. 17, 1986 
100 STAT. 4227 
(A) a program for the planning, construction, and evaluation 
of measures for fish and wildlife habitat rehabilitation and 
enhancement; 
(B) implementation of a long-term resource monitoring pro-
gram; and 
(C) implementation of a computerized inventory and analysis 
system. 
(2) Each program referred to in paragraph (1) shall be carried out 
for ten years. Before the last day of such ten-year period, the 
Secretary, in consultation with the Secretary of the Interior and the 
States of Illinois, Iowa, Minnesota, Missouri, and Wisconsin, shall 
conduct an evaluation of such programs and submit a report on the 
results of such evaluation to Congress. Such evaluation shall deter-
mine each such program's effectiveness, strengths, and weaknesses 
and contain recommendations for the modification and continuance 
or termination of such program. 
(3) For purposes of carrying out paragraph (IXA) of this subsec-
tion, there is authorized to be appropriated to the Secretary not to 
exceed $8,200,000 for the first fiscal year beginning after the date of 
enactment of this Act, not to exceed $12,400,000 for the second fiscal 
year beginning after the date of enactment of this Act, and not to 
exceed $13,000,000 per fiscal year for each of the succeeding eight 
fiscal years. 
(4) For purposes of carr3dng out paragraph (IXB) of this subsec-
tion, there is authorized to be appropriated to the Secretary not to 
exceed $7,680,000 for the first fiscal year beginning after the date of 
enactment of this Act and not to exceed $5,080,000 per fiscal year for 
each of the succeeding nine fiscal years. 
(5) For purposes of carr3dng out paragraph (IXC) of this subsection, 
there is authorized to be appropriated to the Secretary not to exceed 
$40,000 for the first fiscal year beginning after the date of enact-
ment of this Act, not to exceed $280,000 for the second fiscal year 
beginning after the date of enactment of this Act, not to exceed 
$1,220,000 for the third fiscal year beginning after the date of 
enactment of this Act, and not to exceed $875,000 per fiscal year for 
each of the succeeding seven fiscal years. 
(6XA) Notwithstanding the provisions of subsection (aX2) of this 
section, the costs of each project carried out pursuant to paragraph 
(IXA) of this subsection shall be allocated between the Secretary and 
the appropriate non-Federal sponsor in accordance with the provi-
sions of section 906 of this Act. 
(B) Notwithstanding the provisions of subsection (aX2) of this 
section, the cost of implementing the activities authorized by para-
graphs (IXB) and (IXC) of this subsection shall be allocated in 
accordance with the provisions of section 906 of this Act, as if such 
activity was required to mitigate losses to fish and wildlife. 
(7) None of the funds appropriated pursuant to any authorization 
contained in this subsection shall be considered to be chargeable to 
navigation. 
(fKD The Secretary, in consultation with any agency established 
under subsection (dXD of this section, is authorized to implement a 
program of recreational projects for the system substantially in 
accordance with the recommendations of the GREAT I, GREAT II, 
and GRRM studies and the msister plan reports. In addition, the 
Secretary, in consultation with any such agency, shall, at Federal 
expense, conduct an assessment of the economic benefits generated 
by recreational activities in the system. The cost of each such project 
Fish and fishing. 
Wildlife. 
Illinois. 
Iowa. 
Minnesota. 
Missouri. 
Wisconsin. 
Reports. 
Appropriation 
authorization. 
Appropriation 
authorization. 
Appropriation 
authorization. 
Fish and fishing. 
Wildlife. 
100 STAT. 4228 
PUBLIC LAW 99-662—NOV. 17, 1986 
Appropriation 
authorization. 
Appropriation 
authorization. 
'.0;-»-l. 
Illinois. 
Iowa. 
Minnesota. 
Missouri. 
Wisconsin. 
Environmental 
protection. 
Appropriation 
authorization. 
,„..;r.:.,.'t k,c 
A-: 
Illinois. 
Missouri. 
92 Stat. 1695. 
shall be allocated between the Secretary and the appropriate non-
Federal sponsor in accordance with title I of this Act. 
(2)(A) For purposes of carrying out the program of recreational 
projects authorized in paragraph (1) of this subsection, there is 
authorized to be appropriated to the Secretary not to exceed 
$500,000 per fiscal year for each of the first ten fiscal years begin-
ning after the effective date of this section. 
(B) For purposes of carrying out the assessment of the economic 
benefits of recreational activities as authorized in paragraph (1) of 
this subsection, there is authorized to be appropriated to the Sec-
retary not to exceed $300,000 per fiscal year for the first and second 
fiscal years beginning after the computerized inventory and analysis 
system implemented pursuant to subsection (e)(1)(C) of this section is 
fully functional and $150,000 for the third such fiscal year. 
(g) The Secretary shall, in his budget request, identify those 
measures developed by the Secretary, in consultation with the 
Secretary of Transportation and any agency established under 
subsection (d)(1) of this section, to be undertaken to increase the 
capacity of specific locks throughout the system by employing non-
structural measures and making minor structural improvements. 
(h)(1) The Secretary, in consultation with any agency established 
under subsection (dXD of this section, shall monitor traffic move-
ments on the system for the purpose of verifying lock capacity, 
updating traffic projections, and refining the economic evaluation so 
as to verify the need for future capacity expansion of the system. 
(2) The Secretary, in consultation with the Secretary of the In-
terior and the States of Illinois, Iowa, Minnesota, Missouri, and 
Wisconsin, shall determine the need for river rehabilitation and 
environmental enhancement and protection based on the condition 
of the environment, project developments, and projected environ-
mental impacts from implementing any proposals resulting from 
recommendations made under subsection (g) and paragraph (1) of 
this subsection. 
(3) There is authorized to be appropriated to the Secretary such 
sums as may be necessary to carry out this subsection. 
(i)(l) The Secretary shall, as he determines feasible, dispose of 
dredged material from the system pursuant to the recommendations 
of the GREAT I, GREAT II, and GRRM studies. 
(2) The Secretary shall establish and request appropriate Federal 
funding for a program to facilitate productive uses of dredged 
material. The Secretary shall work with the States which have, 
within their boundaries, any part of the system to identify potential 
users of dredged material. 
(j) The Secretary is authorized to provide for the engineering, 
design, and construction of a second lock at locks and dam 26, 
Mississippi River, Alton, Illinois and Missouri, at a total cost of 
$220,000,000, with a first Federal cost of $220,000,000. Such second 
lock shall be one hundred and ten feet by six hundred feet and shall 
be constructed at or in the vicinity of the location of the replace-
ment lock authorized by section 102 of Public Law 95-502. Section 
102 of this Act shall apply to the project authorized by this 
subsection. 
SEC. 1104. ILLINOIS AND MISSISSIPPI CANAL. 
: Section 110(f) of the River and Harbor Act of 1958 (72 Stat. 303) is 
amended by striking out "$6,528,000" and inserting in lieu thereof 
"$15,000,000". 
PUBLIC LAW 99-662—NOV. 17, 1986 
100 STAT. 4229 
SEC. 1105. NEW YORK STATE BARGE CANAL. 
(a) The Secretary is authorized to reimburse the State of New 
York for 50 percent of the cost of operating, maintaining, and 
rehabilitating the New York State Barge Canal. Control and oper-
ation of such canal shall continue to reside with the State of New 
' '^ 
York. The Federal contribution to the costs of rehabilitating the 
New York State Barge Canal shall be limited in any fiscal year to 
$5,000,000, or 50 percent of the expenditures in that fiscal year, 
whichever is the lesser. 
(b) For the purposes of this section, the New York State Barge 
Canal is defined to be— 
(1) the Erie Canal, which connects the Hudson River at 
' ' 
Waterford with the Niagara River at Tonawanda; 
(2) the Oswego Canal, which connects the Erie Canal at Three 
„^., "
^ 
Rivers with Lake Ontario at Oswego; 
(3) the Champlain Canal, which connects the easterly end of 
the Erie Canal at Waterford with Lake Champlain at White-
hall; and 
(4) the Cayuga and Seneca Canals, which connect the Erie 
Canal at a point near Montezuma with Cajoiga and Seneca 
Lakes and through Cayuga Lake and Ithaca and through 
Seneca Lake with Montour Falls. 
SEC. 1106. CALIFORNIA DEBRIS COMMISSION. 
33 USC 661 note. 
(a) The California Debris Commission established by the first 
section of the Act of March 1, 1893 (33 U.S.C. 661) is hereby 
abolished. 
(b) All authorities, powers, functions, and duties of the California 
Debris Commission are hereby transferred to the Secretary. 
(c) The assets, liabilities, contracts, property, records, and the 
unexpended balance of appropriations, authorizations, allocations, 
and other funds employed, held, used arising from, available to, or 
to be made available in connection with the authorities, powers, 
functions, and duties transferred by this section, subject to section 
202 of the Budget and Accounting Procedure Act of 1950, are hereby 
31 USC 1531 
transferred to the Secretary for appropriate allocation. Unexpended 
note, 
funds transferred pursuant to this subsection shall be used only for 
^ 
the purposes for which the funds were originally authorized and 
appropriated. 
(d) All acquired lands, and other interests therein presently under 
the jurisdiction of the California Debris Commission are hereby 
authorized to be retained, and shall be administered under the 
direction of the Secretary, who is hereby authorized to take such 
^ 
actions as are necessary to consolidate and perfect title; to exchange 
for other lands or interests therein which may be required for 
recreation or for existing or proposed projects of the United States; 
to transfer to other Federal agencies or dispose of as surplus prop-
erty; and to release to the coextensive fee owners any easements no 
tji i. 
longer required by the United States, under such conditions or for 
such consideration as the Secretary shall determine to be fair and 
reasonable. Except as specifically provided herein all transactions 
will be in accordance with existing laws and procedures. 
SEC. 1107. RED RIVER CHLORIDE CONTROL. 
(a) The first sentence of the paragraph under the center heading 
"ARKANSAS AND RED RiVERs" in section 203 of the Flood Control Act 
100 STAT. 4230 
PUBLIC LAW 99-662—NOV. 17, 1986 
80 Stat. 1419. 
42 u s e 1962d-5. 
90 Stat. 2932. 
80 Stat. 1419. 
Reports. 
Texas. 
Oklahoma. 
Research and 
development. 
Appropriation 
authorization. 
42 use 
1962d-20. 
of 1966 is amended by striking out "$46,400,000" and inserting in 
lieu thereof "$177,600,000". 
(b) Section 201 of the Flood Control Act of 1970, as amended by 
section 153 of the Water Resources Development Act of 1976, is 
amended by striking out the last sentence under the heading "AR-
KANSAS-RED RIVER BASIN" and inserting in lieu thereof the following: 
"Construction shall not be initiated on any element of such project 
involving the Arkansas River Basin until such element has been 
approved by the Secretary of the Army. The chloride control 
projects for the Red River Basin and the Arkansas River Basin shall 
be considered to be authorized as separate projects with separate 
authority under section 203 of the Flood Control Act of 1966. 
(c) Construction of remaining elements of the project involving the 
Red River Basin shall be initiated in accordance with the rec-
ommendations regarding general design memorandum numbered 25 
by the director of civil works on behalf of the Chief of Engineers, 
dated August 8, 1977. Such construction shall commence upon 
transmittal of a report to the Secretary and to the Committee on 
Environment and Public Works of the Senate and the Committee on 
Public Works and Transportation of the House of Representatives of 
a favorable finding of the effectiveness of the operation of area VIII, 
to be made by a panel consisting of representatives of the United 
States Geological Survey and the Texas Water Commission, a person 
selected by the National Academy of Sciences, and two other quali-
fied persons to be appointed by the Secretary with the concurrence 
of the governors of Texas and Oklahoma. The panel shall assess the 
improvement in water quality downstream of area VIII to deter-
mine its consistency with the water quality assumed in the develop-
ment of project benefits in the economic reanalysis of the project 
completed in November 1980. Such report shall be submitted to the 
Secretary and to such committees no later than three years after the 
date area VIII commences operation. Cost sharing for construction 
on the Red River Basin project initiated under this section shall be 
the same as the cost sharing for area VIII of the project. 
SEC. 1108. ST. JOHN'S RIVER BASIN. MAINE. 
(a) The Secretary is authorized to implement a program of re-
search in order to demonstrate the cropland irrigation and conserva-
tion techniques described in the report issued by the New England 
division engineer, dated May 1980, for the Saint John River Basin, 
Maine. The non-Federal share of the cost of such program shall be 
35 percent. 
(b) For the purposes of this section, there is authorized to be 
appropriated $1,825,000 for fiscal year 1988, $820,000 for fiscal year 
1989, and $785,000 for fiscal year 1990, such sums to remain avail-
able until expended. 
SEC. 1109. PROHIBITION ON GREAT LAKES DIVERSIONS. 
(a) The Congress finds and declares that— 
(1) the Great Lakes are a most important natural resource to 
the eight Great Lakes States and two Canadian provinces, 
providing water supply for domestic and industrial use, clean 
energy through hydropower production, an efficient transpor-
tation mode for moving products into and out of the Great 
Lakes region, and recreational uses for millions of United States 
and Canadian citizens; 
PUBLIC LAW 99-662—NOV. 17, 1986 
100 STAT. 4231 
(2) the Great Lakes need to be carefully managed and pro-
tected to meet current and future needs within the Great Lakes 
basin and Canadian provinces; 
(3) any new diversions of Great Lakes water for use outside of 
the Great Lakes basin will have significant economic and 
environmental impacts, adversely affecting the use of this re-
source by the Great Lakes States and Canadian provinces; and 
(4) four of the Great Lakes are international waters and are 
defined as boundary waters in the Boundary Waters Treaty of 
1909 between the United States and Canada, and as such any 
new diversion of Great Lakes water in the United States would 
affect the relations of the Government of the United States with 
the Government of Canada. 
0?) It is therefore declared to be the purpose and policy of the 
Congress in this section— 
(1) to take immediate action to protect the limited quantity of 
water available from the Great Lakes system for use by the 
Great Lakes States and in accordance with the Boundary 
Waters Treaty of 1909; 
(2) to prohibit any diversion of Great Lakes water by any 
State, Federal agency, or private entity for use outside the 
Great Lakes basin unless such diversion is approved by the 
Governor of each of the Great Lakes States; and 
(3) to prohibit any Federal agency from undertaking any 
studies that would involve the transfer of Great Lakes water for 
any purpose for use outside the Great Lakes basin. 
(c) As used in this section, the term "Great Lakes State" means 
each of the States of Illinois, Indiana, Michigan, Minnesota, Ohio, 
Pennsylvania, New York, and Wisconsin. 
(d) No water shall be diverted from any portion of the Great Lakes 
within the United States, or from any tributary within the United 
States of any of the Great Lakes, for use outside the Great Lakes 
basin unless such diversion is approved by the Governor of each of 
the Great Lake States. 
(e) No Federal agency may undertake any study, or expend any 
Federal funds to contract for any study, of the feasibility of divert-
ing water from any portion of the Great Lakes within the United 
States, or from any tributary within the United States of any of the 
Great Lakes, for use outside the Great Lakes basin, unless such 
study or expenditure is approved by the Governor of each of the 
Great Lakes States. The prohibition of the preceding sentence shall 
not apply to any study or data collection effort performed by the 
Corps of Engineers or other Federal agency under the direction of 
the International Joint Commission in accordance with the Bound-
ary Waters Treaty of 1909. 
(f) This section shall not apply to any diversion of water from any 
of the Great Lakes which is authorized on the date of the enactment 
of this Act. 
SEC. 1110. BIG SOUTH FORK NATIONAL RIVER AND RECREATION AREA. 
Section 108(k) of the Water Resources Development Act of 1974 is 
amended by striking out "$103,522,000" and inserting in lieu thereof 
"$156,122,000". 
SEC. n i l . DALECARLIA RESERVOIR. 
(a) The Secretary, on the recommendation of the Chief of Engi-
neers, is authorized to permit the delivery of water from the Distrit 
36 Stat. 2448. 
Contracts. 
16 u s e 460ee. 
42 use 
1962d-llb. 
District of 
Columbia. 
State and local 
governments. 
100 STAT. 4232 
PUBLIC LAW 99-662—NOV. 17, 1986 
Maryland. 
Virginia. 
New Mexico. 
Flood control. 
New Mexico. 
16 u s e 460tt. 
Fish and fishing. 
Wildlife. 
of Columbia water system at the Dalecarlia filtration plant, or at 
other points on the system, to any competent State or local author-
ity in the Washington, District of Columbia, metropolitan area in 
Maryland. All of the expense of installing the connection or connec-
tions and appurtenances between the water supply systems and any 
subsequent changes therein shall be paid by the requesting entity, 
which shall also pay such charges for the use of the water as the 
Secretary may, from time to time in advance of delivery, determine 
to be reasonable. Payments shall be made at such time, and pursu-
ant to such regulations, as the Secretary prescribes. The Secretary 
may revoke any permit for the use of water at any time. 
(b) The Secretary is authorized to purchase water from any State 
or local authority in Maryland or Virginia that has, at the time of 
purchase, completed a connection with the District of Columbia 
water system. The Secretary is authorized to pay such charges for 
the use of the water as the Secretary has agreed upon in advance of 
delivery. 
SEC. 1112. ABIQUIU DAM. '-^'''^'•'^•''''- 
' 
;,/•••-:;; 
r'''-:::\ '^;\ •':; 
Subject to section 903(a) of this Act, the Secretary is authorized to 
construct a set of emergency gates in the conduit of the Abiquiu 
Dam, New Mexico, to increase safety and enhance flood and sedi-
ment control, at a total cost of $2,700,000. The non-Federal share of 
the project shall be 25 percent of those costs of the project attrib-
utable to an increase in flood protection as a result of the installa-
tion of such gates. 
SEC. 1113. ACEQUIAS IRRIGATION SYSTEM. 
(a)(1) The Congress finds that the irrigation ditch systems in New 
Mexico, known as the Acequia systems, date from the eighteenth 
century, and that these early engineering works have significance in 
the settlement and development of the western portion of the 
United States. 
(2) The Congress, therefore, declares that the restoration and 
preservation of the Acequia systems has cultural and historic values 
to the region. 
(b) Subject to section 903(a) of this Act, the Secretary is authorized 
and directed to undertake, without regard to economic analysis, 
such measures as are necessary to protect and restore the river 
diversion structures and associated canals attendant to the oper-
ations of the community ditch and Acequia systems in New Mexico 
that are declared to be a political subdivision of the State of New 
Mexico, at a total cost of $53,300,000, with an estimated first Federal 
cost of $40,000,000 and an estimated first non-Federal cost of 
$13,300,000. The non-Federal share of any work undertaken under 
this section shall be 25 percent. 
(c) The Secretary is further authorized and directed to consider 
the historic Acequia systems (community ditches) of the southwest-
ern United States as public entities, if these systems are chartered 
by the respective State laws as political subdivisions of that State. 
This public entity status will allow the officials of these Acequia 
systems to enter into agreements and serve as local sponsors of 
water-related projects of the Secretary, 
SEC. 1114. CROSS FLORIDA BARGE CANAL. 
(aXD For the multiple purposes of preserving, enhancing, inter-
preting, and managing the water and related land resources of an 
PUBLIC LAW 99-662—NOV. 17, 1986 
100 STAT. 4233 
area containing unique cultural, fish and wildlife, scenic, and rec-
reational values and for the benefit and enjojmient of present and 
future generations and the development of outdoor recreation, there 
is hereby established the Cross Florida National Conservation Area 
(hereinafter in this section referred to as the "Conservation Area"). 
(2) The Conservation Area shall consist of all lands and interests 
in lands held by the Secretary for the high-level barge canal project 
from the Saint Johns River across the State of Florida to the Gulf of 
Mexico, authorized by the Act of July 28, 1942 (56 Stat. 703) (herein-
after in this section referred to as the "barge canal project"), all 
lands and interests in lands held by the State of Florida or the Canal 
Authority of such State for such project, and all lands and interests 
in lands held by such State or such Canal Authority and acquired 
pursuant to section 104 of the River and Harbor Act of 1960. 74 Stat. 484. 
(3) Within the Conservation Area there is hereby designated the 
Conservation Management Area which shall consist of all lands and 
interests in lands held by the Secretary within that portion of the 
barge canal project that is located between the Eureka Lock and 
Dam and the Inglis Lock and Dam (exclusive of such structures), 
plus all lands and interests in lands held by the Canal Authority of 
the State of Florida between such structures and all lands and 
interests in lands held by such State or Canal Authority and ac-
quired pursuant to section 104 of the River and Harbor Act of 1960. 
(b) Those portions of the barge canal project located between the 
Fish and fishing. 
Gulf of Mexico and the Inglis project structures and located between Wildlife. 
the Atlantic Ocean and the Eureka Lock and Dam, inclusive, shall 
be operated and maintained by the Secretary for the purposes of 
navigation, recreation, and fish and wildlife enhancement and for 
the benefit of the economy of the region. 
(c) In order to further the purposes set forth in paragraph (a)(1) of 
this section, that portion of the barge canal project located between 
the Eureka Lock and Dam and the Inglis Lock and Dam (exclusive 
of such structures) is not authorized for the purposes described in 
the Act of July 23, 1942 (56 Stat. 703) after the date this subsection 
becomes effective. 
(d) The State of Florida shall retain jurisdiction and responsibility 
over water resources planning, development, and control of the 
surface and ground waters pertaining to lands cited in subsections 
(b) and (c) of this section, except to the extent that any uses of such 
water resources would be inconsistent with the purposes of this 
section. 
(e)(1) Not later than one year after the date of the enactment of 
this Act, the Secretary, in consultation with the United States 
Forest Service, the United States Fish and Wildlife Service, and the 
State of Florida, shall develop and transmit to Congress a com-
prehensive management plan for lands (including water areas) lo-
cated within the Conservation Management Area. 
-^^'^ ^
^ 
(2) Such plan shall, at a minimum, provide for— 
(A) enhancement of the environnment; 
(B) conservation and development of natural resources; 
(C) conservation and preservation of fish and wildlife; 
(D) preservation of scenic and enhancing recreational values; 
(E) a procedure for the prompt consideration of applications 
for easements across Conservation Management Area lands, 
when such easements are requested by local or State govern-
mental jurisdictions or by a regulated public utility for a public 
purpose; and 
100 STAT. 4234 
PUBLIC LAW 99-662—NOV. 17, 1986 
(F) preservation and enhancement of water resources and 
water quality, including groundwater. 
(3) Such plan shall establish, among the Secretary, the Forest 
Service, the Fish and Wildlife Service, and the State of Florida, the 
responsibilities for implementation of such plan. 
(4) Until transmittal of such plan to Congress, the Secretary shall 
operate, maintain, and manage the lands and facilities held by the 
Secretary under the terms of subsection (c). 
(5) Upon submission of such plan to Congress, the Secretary and 
other agencies, pursuant to the agreement under paragaraph (3) of 
this subsection, are authorized to implement such plan. 
(6) The Secretary shall transmit recommendations for protecting 
and enhancing the values of the Conservation Area to Congress 
together with such plan. 
(7) The Secretary shall consult and cooperate with other depart-
ments and agencies of the United States and the State of Florida in 
the development of measures and programs to protect and enhance 
water resources and water quality with the Conservation Area. 
(f) The Secretary shall operate the Rodman Dam, authorized by 
the Act of July 23,1942 (56 Stat. 703), in a manner which will assure 
the continuation of the reservoir known as Lake Ocklawaha. The 
Secretary shall not operate the Eureka Lock and Dam in a manner 
which would create a reservoir on lands not flooded on January 1, 
1984. 
(g)(1) As soon as possible, the Secretary shall acquire, for the sum 
of $32,000,000, all lands and interests in lands held on the date of 
the enactment of this Act by the Canal Authority of the State of 
Florida for the purposes of the barge canal project. In the event the 
sums available to the Secretary in any fiscal year are insufficient to 
purchase all such lands and interests, the State of Florida shall 
transfer to the Secretary that percentage of the total number of 
acres to be transferred that is proportionate to the sums received by 
the State compared with $32,000,000. 
(2) From amounts received under paragraph (1) of this subsection, 
the Canal Authority shall forthwith make payments to the Florida 
counties of Duval, Clay, Putnam, Marion, Levy, and Citrus. Such 
payments shall, in the aggregate, be equal to $32,000,000. The 
amount of payment under this paragraph to each such county shall 
be determined by multiplying such aggregate amount by the 
amount of ad valorem taxes paid to the Cross Florida Canal Naviga-
tion District by such county and dividing such product by the 
amount of such taxes paid by all such counties. 
(3) As soon as possible, the State of Florida shall transfer to the 
Secretary all lands and interests in lands held by the State of 
Florida or the Canal Authority of such State and acquired pursuant 
74 Stat. 484. 
to Section 104 of the River and Harbor Act of 1960. 
(h) Subsection (c) shall become effective— 
(1) 90 days after the Governor of Florida has certified to the 
Secretary that the State has met the conditions set out in 
subsection (i) of this section, unless the Secretary determines 
within such period that the State has failed to comply with such 
conditions; or 
(2) on the date of the final order in a declaratory judgment 
action, brought by the State of Florida in a Federal District 
Court within Florida, finding that the State has met the 
conditions. 
PUBLIC LAW 99-662—NOV. 17, 1986 
100 STAT. 4235 
(i) Subsection (c) shall not become effective until the State of 
Florida enacts a law or laws which assure that— 
(1) on and after the date on which construction of the portion 
of the barge canal project referred to in subsection (c) is no 
longer authorized, all lands and interests in lands held for the 
project by the State of Florida or the Canal Authority of such 
State will continue to be held by such State or canal authority 
pending transfer to the Secretary, as provided in this section; 
and 
;,, 
(2) on and after such date, all lands and interests in lands held 
by the State of Florida or the Canal Authority of such State and 
acquired pursuant to section 104 of the River and Harbor Act of 
1960 will continue to be held by such State or Canal Authority, 
74 Stat. 484. 
T
^ pending transfer to the Secretary as provided in this section; 
^ 
(3) on and after such date, the State of Florida will never 
transfer to any person (except the Federal Government) any 
lands owned by such State or the Canal Authority of such State 
(except existing State roads, highways, and bridges and related 
rights-of-way, which may be transferred to a county or other 
local government) and contained within the expanded boundary 
of the Ocala National Forest as proposed and shown on the map 
dated July 1978, on file with the Chief of the Forest Service, 
Department of Agriculture, Washington, District of Columbia; 
and 
(4) the State of Florida enacts a law which assures that, on 
and after such date, the interests in the lands described in 
paragraph (1) held by the State of Florida are sufficient to carry 
out the purposes of this section. 
SEC. 1115. ABANDONED AND WRECKED VESSELS. 
. The Secretary shall— 
(1) remove from the Miami River and Seybold Canal in 
Florida. 
Miami, Florida, between the mouth of the Miami River and the 
salinity control structure of 36th Street, any abandoned vessels 
t 
and any vessels under the control of the United States by reason 
of their seizure or forfeiture; 
g 
(2) remove derelict vessels from the western shore of Hemp- 
New York. 
stead Harbor, New York; and 
(3) remove from waters off Mona Island, Puerto Rico, the 
Puerto Rico. 
abandoned vessel "A. Regina". 
The Secretary shall enter into an interagency agreement to facili-
tate the removal of any such vessel under the control of the United 
States with the head of any Federal department, agency, or 
instrumentality which has control of such vessel. The non-Federal 
share of work authorized by this section shall be one-third, except 
that work authorized by paragraph (3) shall be at full Federal 
expense. 
SEC. 1116. CHATFIELD LAKE. 
Section 88(c) of the Water Resources Development Act of 1974 is 
88 Stat. 38. 
amended by— 
(1) inserting after "encroachments" the following: "(other 
than the Mineral Avenue/Ken Caryl Road extension and associ-
ated transmission lines)"; and 
(2) inserting "significantly" after "areas which would". 
.jJP f
v 
100 STAT. 4236 
PUBLIC LAW 99-662—NOV. 17, 1986 
SEC. 1117. W.D. MAYO LOCK AND DAM. 
Indians. 
(a) Notwithstanding any other provision of law, the Cherokee 
Oklahoma. 
Nation of Oklahoma is authorized to design and construct hydro-
electric generating facilities at the W.D. Mayo Lock and Dam on the 
Arkansas River in Oklahoma, as described in the report of the Chief 
of Engineers dated December 23, 1981: Provided, That, the agree-
ment described in subsection (d) of this section is executed by all 
parties described in subsection Qo) of this section. 
(b)(1) Conditioned upon the parties agreeing to mutually accept-
able terms and conditions, the Secretary and the Secretary of 
Energy, acting through the Southwestern Power Administration, 
may enter into a binding agreement with the Cherokee Nation of 
Oklahoma under which the Cherokee Nation of Oklahoma agrees— 
(A) to design and initiate construction of the generating 
facilities referred to in subsection (a) of this section within three 
years after the date of such agreement, 
(B) to reimburse the Secretary for his costs in— 
(i) approving such design and inspecting such construc-
tion, and 
"" 
(ii) providing any assistance authorized under subsection 
(c)(2) of this section, and 
(C) to release and indemnify the United States from any 
Si claims, causes of action, or liabilities which may arise from such 
design or construction. 
(2) Such agreement shall also specify— 
(A) the procedures and requirements for approval and accept-
vf ance of such design and construction are set forth, 
(B) the rights, responsibilities, and liabilities of each party to 
the agreement are set forth, and 
(3) the amount of the pajmients under subsection (f) of this 
section, and the procedures under which such payments are to 
be made, are set forth. 
(c)(1) No Federal funds may be expended for the design or 
construction of the generating facilities referred to in subsection (a) 
of this section prior to the date on which such facilities are accepted 
by the Secretary under subsection (d) of this section. 
(2) Notwithstanding any other provision of law, the Secretary is 
authorized to provide, on a reimbursable basis, any assistance re-
quested by the Cherokee Nation of Oklahoma in connection with the 
design or construction of the generating facilities referred to in 
subsection (a) of this section. 
(d)(1) Notwithstanding any other provision of law, upon comple-
tion of the construction of the generating facilities referred to in 
subsection (a) of this section, and final approval of such facilities by 
the Secretary— 
(A) the Cherokee Nation of Oklahoma shall transfer title to 
such facilities to the United States, and 
(B) the Secretary shall— 
(i) accept the transfer of title to such generating facilities 
^" ' on behalf of the United States, and 
(ii) operate and maintain such facilities. 
(2) The Secretary is authorized to accept title to such facilities 
only after certifying that the quality of the construction meets all 
standards established for similar facilities constructed by the 
Secretary. 
PUBLIC LAW 99-662—NOV. 17, 1986 
100 STAT. 4237 
(e) Pursuant to any agreement under subsection (b) of this section, 
the Southwestern Power Administration shall market the excess 
power produced by the generating facilities referred to in subsection 
(a) of this section in accordance with section 5 of the Act of Decem-
ber 22,1944 (58 Stat. 890; 16 U.S.C. 825s). 
(f) Notwithstanding any other provision of law, the Secretary of 
Energy, acting through the Southwestern Power Administration, is 
authorized to pay to the Cherokee Nation of Oklahoma, in accord-
ance with the terms of the agreement entered into under subsection 
Q)) of this section, out of the revenues from the sale of power 
produced by the generating facilities of the interconnected systems 
of reservoirs operated by the Secretary and marketed by the South-
western Power Administration— 
(1) all reasonable costs incurred by the Cherokee Nation of 
Oklahoma in the design and construction of the generating 
facilities referred to in subsection (a) of this section, including 
the capital investment in such facilities and a reasonable rate of 
return on such capital investment, and 
(2) for a period not to exceed fifty years, a reasonable annual 
royalty for the design and construction of the generating facili-
ties referred to in subsection (a) of this section. 
(g) Notwithstanding any other provision of law, the Secretary of 
Energy, acting through the Southwestern Power Administration, is 
authorized— 
(1) to construct such transmission facilities as necessary to 
.,.-, ,, 
market the power produced at the generating facilities referred 
to in subsection (a) of this section with funds contributed by 
non-Federal sources, and 
(2) to repay those funds, including interest and any adminis-
trative expenses, directly from the revenues from the sale of 
power produced by the generating facilities of the inter-
connected systems of reservoirs operated by the Secretary and 
marketed by the Southwestern Power Administration. 
(h) There are authorized to be appropriated to the Secretary for 
Appropriation 
the fiscal year in which title to the generating facilities is trans- authorization. 
ferred and accepted under subsection (d) of this section, and for each 
succeeding ilscal year, such sums as may be necessary to operate 
and maintain such facilities. 
SEC. 1118. CAVEN POINT, NEW JERSEY. 
33 USC 59n-l. 
That portion of the Hudson River in the New York Bay consisting 
of— 
(1) all that piece or parcel of land, containing 120.54 acres, 
situate, l3dng and being in the city of Jersey City, Hudson 
County, State of New Jersey, upon or around that certain lot or 
piece of land known as the Caven Point Area; and 
(2) all that piece or parcel of land, containing 18 acres more or 
less, situate on the northwesterly side of New Jersey State 
Highway Route 185, 
more particularly described in the Congressional Record dated 
Mgirch 11, 1986, pages S2446-2447, is hereby declared to be not a 
navigable water of the United States withm the meaning of the 
Constitution and the laws of the United States, except for the 
purposes of the Federal Water Pollution Control Act. 
33 USC 1251 
note. 
100 STAT. 4238 
PUBLIC LAW 99-662—NOV. 17, 1986 
Reports. 
Flood control. 
42 u s e 4332. 
South Dakota. 
-r*lu :r u 
SEC. 1119. SUNSET HARBOR. CALIFORNIA. 
(a) The Secretary is directed to expedite completion of the feasibil-
ity study of the navigation project for Sunset Harbor, California, at 
a total cost of $900,000, and to submit a report to Congress on the 
results of such study not later than October 1,1987. 
(b) Upon execution of agreements by the State of California or 
local sponsors, or both, for preservation and mitigation of wetlands 
areas and appropriate financial participation, the Secretary is au-
thorized to participate with appropriate non-Federal sponsors in a 
project to demonstrate the feasibility of non-Federal cost sharing 
under the provisions of section 916 of this Act. Such project shall 
consist of the project for navigation, flood control, and protection of 
the Seal Beach Naval Weapons Station at Sunset Beach Harbor, 
Bolsa Chica Bay, California, at a total cost of $89,600,000, with an 
estimated first Federal cost of $44,800,000 and an estimated first 
non-Federal cost of $44,800,000, including such modifications as the 
Secretary may determine are advisable. The Secretary shall not 
undertake construction without the concurrence of the Secretary of 
the Navy on measures to protect the Naval Weapons Station. The 
Secretary shall, not later than two years after the date of enactment 
of this Act, make a determination of financial feasibility of the 
project and, to the extent possible, transmit a copy of a final 
feasibility study and copy of any final environmental impact state-
ment required by section 102(2)(C) of the National Environmental 
Policy Act of 1969, and any recommendations of the Secretary, with 
respect to such project to the Committee on Public Works and 
Transportation of the House of Representatives and the Committee 
on Environment and Public Worl^ of the Senate. Agreements for 
local financial participation shall include the agreements set forth 
in section 916 so as to meet non-Federal contributions during the 
period of construction as required by Federal law as administered by 
the Secretary, together with full amortization of the remaining 
Federal investment, including costs of project feasiblility studies. 
SEC. 1120. HILLTOP AND GRAY GOOSE IRRIGATION DISTRICTS. 
(a) The existing irrigation projects known as the Hilltop Irrigation 
District, Brule County, South Dakota, and the Gray Goose Irrigation 
District, Hughes County, South Dakota, are authorized as units of 
the Pick-Sloan Missouri Basin Program. As so authorized, the Hill-
top Unit and the Gray Goose Unit shall be integrated physically and 
financially with the other Federal works constructed under the 
comprehensive plan approved by section 9 of the Flood Control Act 
of December 22, 1944 (58 Stat. 887, 891), as amended and supple-
mented, and subject to Federal reclamation law (Act of June 17, 
1902, 32 Stat. 388 and Acts amendatory thereof and supplemental 
thereto). 
O
t
)
) Pick-Sloan Missouri Basin Program power shall be made avail-
able as soon as practicable for the Hilltop Unit and the Gray Goose 
Unit on the same basis as for other units of the Pick-Sloan Missouri 
Basin Program. The suballocated costs of the Pick-Sloan Missouri 
Basin Program assigned to the Hilltop Unit and the Gray Goose 
Unit shall be reimbursed by the water users as determined by the 
Secretary of the Interior in accordance with Federal reclamation 
law (Act of June 17, 1902, 32 Stat. 388 and Acts amendatory thereof 
and supplemental thereto). 
PUBLIC LAW 99-662—NOV. 17, 1986 
100 STAT. 4239 
SEC. 1121. OGALLALA AQUIFER 
(a) The Congress finds that— 
(1) the Ogallala aquifer lies beneath, and provides needed 
water supplies to, the 8 States of the High Plains Region: 
Colorado, Kansas, Nebraska, New Mexico, Oklahoma, South 
Dakota, Texas, and Wyoming; 
(2) the High Plains region has become an important source of 
agricultural commodities and livestock for domestic and inter-
national markets, providing 15 percent of the Nation's supply of 
wheat, corn, feed grains, sorghum, and cotton, plus 38 percent of 
the value of livestock raised in the United States; and 
(3) annual precipitation in the High Plains region ranges from 
; 
15 to 22 inches, providing inadequate supplies of surface water 
and recharging of the Ogallala aquifer needed to sustain the 
agricultural productivity and economic vitality of the High 
Plains region. 
(b) It is, therefore, the purpose of this section to establish a 
comprehensive research and development program to assist those 
portions of the High Plains region dependent on water from the 
Ogallala aquifer to— 
(1) plan for the development of an adequate supply of water in 
the region; 
(2) develop and provide information and technical assistance 
concerning water-conservation management practices to agri-
cultural producers in the region; 
* 
(3) examine alternatives for the development of an adequate 
supply of water for the region; and 
(4) develop water-conservation management practices which 
are efficient for agricultural producers in the region. 
(c) The Water Resources Research Act (Public Law 98-242) is 
amended by adding at the end thereof the following new title: 
42 use 10301 
note. 
"TITLE III—OGALLALA AQUIFER RESEARCH AND 
DEVELOPMENT 
"SEC. 301. (a) There is hereby established the High Plains Study 
Council composed of— 
"(1) the Governor of each State of the High Plains region 
(defined for the purposes of this title as the States of Colorado, 
Kansas, Nebraska, New Mexico, Oklahoma, South Dakota, 
Texas, and Wyoming and referred to hereinafter in this title as 
the 'High Plains region'), or a designee of the Governor; 
"(2) a representative of the Department of Agriculture; and 
"(3) a representative of the Secretary. 
"(b) 'The Council established pursuant to this section shall— 
"(1) review research work being performed by each State 
committee established under section 302 of this Act; and 
"(2) coordinate such research efforts to avoid duplication of 
research and to assist in the development of research plans 
within each State of the High Plains region that will benefit the 
research needs of the entire region. 
"SEC. 302. (a) The Secretary shall establish within each State of 
the High Plains region an Ogallala aquifer technical advisory 
committee (hereinafter in this title referred to as the 'State commit-
tee'). Each State committee shall be composed of no more than seven 
members, including— 
42 use 10301 
note. 
42 use 10301 
note. 
100 STAT. 4240 
PUBLIC LAW 99-662—NOV. 17, 1986 
State and local 
governments. 
Research and 
development. 
Public 
information. 
Education. 
Conservation. 
Research and 
development. 
42 u s e 10301 
note. 
Schools and 
colleges. 
42 u s e 10301 
note. 
Schools and 
colleges. 
Grants. 
"(1) a representative of the United States Department of 
Agriculture; 
"(2) a representative of the Secretary; and 
"(3) at the appointment of the Governor of the State, five 
,:\, representatives from agencies of that State having jurisdiction 
over water resources, the agricultural community, the State 
y. 
Water Research Institute (as designated under this Act), and 
others with a special interest or expertise in water resources. 
"(b) The State committee established pursuant to subsection (a) of 
this section shall— 
"(1) review existing State laws and institutions concerning 
water 
management 
and, where appropriate, 
recommend 
changes to improve State or local management capabilities and 
more efficiently use the waters of such State, if such a review is 
not already being undertaken by the State; 
"(2) establish, in coordination with other State committees. 
State priorities for research and demonstration projects involv-
ing water resources; and 
"(3) provide public information, education, extension, and 
technical assistance on the need for water conservation and 
information on proven and cost-effective water management. 
"(c) Each State committee established pursuant to this section 
shall elect a chairman, and shall meet at least once every three 
months at the call of the chairman, unless the chairman determines, 
after consultation with a majority of the members of the committee, 
that such a meeting is not necessary to achieve the purposes of this 
section. 
"SEC. 303. The Secretary shall annually allocate among the States 
of the High Plains region funds authorized to be appropriated for 
this section for research in— 
"(1) water-use efficiency; 
'' 
"(2) cultural methods; 
"
* ' " 
" ^ 
-^^-w^-
"(3) irrigation technologies; 
; 
"(4) water-efficient crops; and 
-
"(5) water and soil conservation. 
Funds distributed under this section shall be allocated to each State 
committee for use by institutions of higher education within each 
State. To qualify for funds under this section an institution of higher 
education shall submit a proposal to the State committee describing 
the costs, methods, and goals of the proposed research. Proposals 
shall be selected by the State committee on the basis of merit. 
"SEC. 304. The Secretary shall annually divide funds authorized to 
be appropriated under this section among the States of the High 
Plains region for research into— 
"(1) precipitation management; 
"(2) weather modification; 
"(3) aquifer recharge opportunities; 
;; ^ 
"(4) saline water uses; 
"(5)desalinizationtechnologies; 
.. 
^ •- 
,.' 
"(6) salt tolerant crops; and 
"(7) ground water recovery. 
Funds distributed under this section shall be allocated by the Sec-
retary to the State committee for distribution to institutions of 
higher education within such State. To qualify for a grant under this 
section, an institution of higher education shall submit a research 
proposal to the State committee describing the costs, methods, and 
.00' 
PUBLIC LAW 99-662—NOV. 17, 1986 
100 STAT. 4241 
goals of the proposed research. Proposals shall be selected by the 
State committee on the basis of merit. 
"SEC. 305. The Secretary shall annually allocate among the States 
of the High Plains region funds authorized to be appropriated under 
this section for grants to farmers for demonstration projects for— 
"(1) water-efficient irrigation technologies and practices; 
"(2) soil and water conservation management systems; and 
"(3) the growing and marketing of more water-efficient crops. 
Grants under this section shall be made by each State committee in 
amounts not to exceed 85 percent of the cost of each demonstration 
project. To qualify for a grant under this section, a farmer shall 
submit a proposal to the State committee describing the costs, 
methods, and goals of the proposed project. Proposals shall be 
selected by the State committee on the basis of merit. Each State 
committee shall monitor each demonstration project to assure 
proper implementation and make the results of the project available 
to other State committees. 
"SEC. 306. The Secretary, acting through the United States Geo-
logical Survey and in cooperation with the States of the High Plains 
region, is authorized and directed to monitor the levels of the 
Ogallala aquifer, and report annually to Congress. 
"SEC. 307. The amount of any allocation of funds to a State under 
this title shall not exceed 75 percent of the cost of carrying out the 
purposes for which the grant is made. 
"SEC. 308. Not later than one year after the date of enactment of 
this title, and at intervals of one year thereafter, the Secretary shall 
prepare and transmit to the Congress a report on activities under-
taken under this title. 
"SEC. 309. (a) For each of the fiscal years ending September 30, 
1987, through September 30,1991, the following sums are authorized 
to be appropriated to the Secretary to implement the following 
sections of this title, and such sums shall remain available until 
expended: 
"(1) $600,000 for the purposes of section 302; 
"(2) $4,300,000 for the purposes of section 303; 
"(3) $2,200,000 for the purposes of section 304; 
"(4) $5,300,000 for the purposes of section 305; and 
"(5) $600,000 for the purposes of section 306. 
"0?) Funds made available under this title for distribution to the 
States of the High Plains region shall be distributed equally among 
the States.". 
SEC. 1122. PICK-SLOAN PROGRAM. 
The Pick-Sloan Missouri Basin Program shall be prosecuted, as 
authorized and in accordance with applicable laws including the 
requirements for economic feasibility, to its ultimate development 
on an equitable basis as rapidly as may be practicable, within the 
limits of available funds and the cost recovery and repajmient 
principles established by Senate Report Numbered 470 and House of 
Representatives Report Numbered 282, Eighty-ninth Congress, first 
session. Nothing in this section shall be deemed to amend or alter 
the cost recovery or repa5anent provisions for the Garrison Diver-
sion Unit, North Dakota, as set forth in Public Law 99-294. 
Grants. 
Agriculture and 
agricultural 
commodities. 
42 u s e 10301 
note. 
Reports. 
42 u s e 10301 
note. 
Grants. 
42 u s e 10301 
note. 
Reports. 
42 u s e 10301 
note. 
Appropriation 
authorization. 
42 u s e 10301 
note. 
North Dakota. 
Ante, p. 418. 
100 STAT. 4242 
PUBLIC LAW 99-662—NOV. 17, 1986 
South Dakota. 
South Dakota. 
SEC. 1123. FEDERAL TOWNSITES. 
The section entitled "Transfer of Federal Townsites" in the 
Supplemental Appropriation Act, 1985, title I, chapter IV (Public 
Law 99-88; 99 Stat. 317) is amended as follows: 
(1) Subsection (aXD is amended by striking out "without 
warranty of any kind" and inserting in lieu thereof "by war-
« /; 
ranty deed, said deed to include a covenant to defend title to the 
property". 
(2) Subsection (aXlXA) is amended by— 
t ' - ! 
(A) inserting "(i)" after "(A)", and 
(B) adding at the end the following: 
North Dakota. 
"(ii) The land utilized as a sanitary landfill by Riverdale, 
North Dakota, consisting of approximately ninety-six acres, 
"(iii) The peripheral utility improvements at Riverdale, North 
Dakota, developed for, or being utilized as, sewage lagoons; the 
sewer pipeline extending from the townsite boundary to said 
lagoons; any outfall facilities or control structures in conjunc-
tion therewith; the water pipeline extending from the exterior 
boundaries of the powerplant to the townsite; and appropriate 
easements of right-of-way for the access to, and operation and 
maintenance of said improvements.". 
(3) Subsection (aXlXB) is amended by— 
(A) inserting "(i)" after "(B)", and 
(B) adding at the end the following: 
"(ii) The land utilized as a sanitary landfill by Pickstown, 
South Dakota, consisting of approximately twenty-three acres, 
"(iii) The peripheral utility improvements at Pickstown, 
South Dakota, developed for, or being utilized as, sewage la-
goons; water treatment plant; water intake structure; the sewer 
pipeline extending from the townsite boundary to the sewer 
'~i 
lagoons; any outfall facilities or control structures in conjunc-
" 
tion therewith; the water pipeline extending from the water 
intake to the water treatment plant and to the townsite bound-
ary; and appropriate easements of right-of-way for access to, and 
operation and maintenance of, said improvements.". 
(4) Subsection (a)(lXC) is amended by— 
(A) inserting "(i)" after "(C)", and 
(B) adding at the end the following: 
Montana. 
"(ii) The peripheral utility improvements at Fort Peck, Mon-
tana, developed and being utilized as a water storage reservoir; 
the sewer pipeline extending from the townsite boundary to the 
sewer lift station; the sewer lift station; the sewer pipeline 
extending from the sewer lift station to the sewage lagoon; the 
emergency outfall line extending from the sewer lift station to 
' • 
' 
the Missouri River; the water pipelines extending from the 
exterior boundaries of the powerplant to the townsite boundary; 
the water pipeline extending from the townsite boundary to the 
water reservoir; and appropriate easements of right-of-way to 
^
' 
the municipal corporation for access to, and operation and 
maintenance of, said improvements.". 
(5) Subsection (b) is amended by inserting "or surplus" after 
"excess" and by striking out "subsection 3(e)" and inserting in 
lieu thereof "section 3". 
Montana. 
r ? 
(6) Subsection (c) is amended by adding at the end thereof: 
"Nothing in this provision prohibits the Secretary from placing 
reasonable covenants in those deeds transferring improvements 
PUBLIC LAW 99-662—NOV. 17, 1986 
100 STAT. 4243 
having significant historical, cultural, or social value in Fort 
Peck, Montana.". 
(7) The Administrator of the Western Area Power Adminis-
tration is authorized to allocate power from the Pick-Sloan 
Missouri Basin Program (P-SMBP) to the municipal corpora-
tions of Riverdale, North Dakota, Pickstown, South Dakota, and 
Fort Peck, Montana, or to such other preference entity as the 
Administrator may designate to provide electrical service to 
said municipal corporations. Such allocations shall be in the 
amount required to meet the annual loads established prior to 
the date of enactment of this Act, and under terms and condi-
tions for marketing firm power from the P-SMBP: Except, That 
upon request of a municipal corporation specified in this 
subsection, the Secretary shall continue to operate municipal or 
community owned facilities for a period not to exceed three 
years from the date of incorporation of such municipal 
corporation. 
SEC. 1124. SOURIS RIVER BASIN. 
(a)(1) On behalf of the United States, the Secretary, in consulta-
tion with the Secretary of State, is authorized to cooperate with 
governments in Canada to study and to construct reservoir projects 
for storage in the Souris River Basin in Canada to provide flood 
control benefits in the United States. 
(2) The Secretary is authorized further to participate in financing 
the storage referred to in paragraph (1) of this subsection to a 
maximum contribution of $26,700,000, in the event that only one 
reservoir, known as the Rafferty project, is constructed in Canada, 
or to a maximum of $41,100,000, in the event two reservoirs, known 
as the Rafferty and Alameda projects, are constructed in Canada. 
The amount of any such contribution shall be determined by an 
allocation of costs, based on the proportionate use of these projects 
for flood control in the United States and water supply in Canada. 
(b) Upon completion of the structure or structures in Canada, as 
agreed upon between the United States and governments in Canada, 
the construction of Burlington Dam, North Dakota, as authorized by 
Public Law 91-611, and modifications at Lake Darling, North 
Dakota, to raise the level of the dam structure, as authorized by 
section 111 of the Energy and Water Development Appropriation 
Act, 1982 (Public Law 97-88; 95 Stat. 1138), shall no longer be 
authorized. Should the Secretary determine that an agreement 
between the United States and governments in Canada cemnot be 
consummated, he shall proceed with the work authorized by section 
111 of such Act, includmg raising the dam structure and including 
storage capacity for flood control purposes, with such work to be 
considered a nonseparable element of the flood control project for 
Minot, North Dakota, authorized under section 201 of the Flood 
Control Act of 1965. 
(c) The Secretary is authorized further to make such modifications 
as necessary to the existing Lake Darling, exclusive of the modifica-
tions authorized by section 111 of the Energy and Water Develop-
ment Appropriation Act, 1982, for the purpose of effective operation 
of the project for flood control, with such work considered to be a 
nonseparable element of the flood control project for Minot, North 
Dakota, authorized under section 201 of the Flood CJontrol Act of 
1965, and to operate and maintain the project with such modifica-
North Dakota. 
South Dakota. 
Montana. 
Canada. 
Flood control. 
North Dakota. 
84 Stat. 1818. 
42 u s e 1962d-5. 
North Dakota. 
100 STAT. 4244 
PUBLIC LAW 99-662—NOV. 17, 1986 
tions in a manner compatible with the migratory waterfowl refuge 
purpose of the project. 
(d) The non-Federal share of the cost of contributions to govern-
ments in Canada, as authorized by this section, shall be in accord-
ance with title I of this Act for the amount over $23,600,000. The 
total Federal cost of work authorized by this section and by section 
95 Stat. 1138. 
Ill of the Energy and Water Development Appropriation Act, 1982, 
as modified herein, and including related dam safety measures, is 
$69,100,000. 
SEC. 1125. GARRISON LAND TRANSFER. 
(a) Except as otherwise provided in this section, all rights, title, 
and interests of the United States in the lands described in subsec-
tion O
b
>
)
, including all improvements thereon, are hereby declared to 
be held in trust by the United States for the benefit and use of the 
Three Affiliated Tribes of the Fort Berthold Reservation and to be 
part of the Fort Berthold Reservation. 
OD) The lands held in trust under subsection (a) are— 
North Dakota. 
(1) approximately 136.44 acres lying above elevation 1850 feet 
o* , 
(mean sea level) and the probable ultimate erosion line (other 
• ' ''' 
than those portions which lie north of North Dakota State 
Highway 23) in the following sections of township 152 north, 
range 93 west of the Fifth Principal Meridian, McKenzie 
County, North Dakota: 
Section 15: south half of the southwest quarter, 
Section 21: northeast quarter and northwest quarter of 
the southeast quarter, and 
Section 22: north of the half northwest quarter; and 
(2) approximately 16.40 acres lying above elevation 1850 feet 
(mean sea level) situated in the west half southwest quarter, 
section 15, township 152 north, range 93 west of the Fifth 
Principal Meridian, McKenzie County, North Dakota, and more 
particularly described as follows: 
£jv>>fri'i «h'>;*- 
Commencing at the quarter corner common to sections 15 
and 16; thence east along the quarter line a distance of 
1,320.0 feet to the true point of beginning; thence north 45 
•j' "' 
degrees 0 minutes east a distance of 891.0 feet; thence south 
0 degrees 3 minutes east a distance of 1,518.0 feet; thence to 
a point on a line which bears south 0 degrees 3 minutes east 
from the point of beginning; thence north 0 degrees 3 
minutes west to the point of beginning, 
(c) In consideration for the transfer in trust described above, the 
Secretary of the Interior shall transfer to the United States lands of 
equal value held in trust for the Three Affiliated Tribes of the Fort 
Berthold Reservation which are required for the maintenance and 
operation of the Garrison Dam and Reservoir Project: Provided, 
That the Tribes shall retain the right to use such lands for grazing 
purposes when such lands are not subject to flooding. The United 
States shall not be responsible for damages to property or injuries to 
persons which may arise from, or be incident to, the use of said 
lands. 
Flood control. 
(d) The United States hereby retains a flowage and sloughing 
easement for the purpose of flood control and related Garrison Dam 
and Reservoir project purposes over that portion of the lands de-
scribed in subsection (b) that lie below the greater elevation of— 
(1) 1860 feet (mean sea level), or 
PUBLIC LAW 99-662—NOV. 17, 1986 
100 STAT. 4245 
J 
(2) any alignment the Secretary determines to be necessary 
for such project operations. 
SEC. 1126. CONTRACT SETTLEMENT. 
The Secretary is authorized to pay the Federal share of the 
settlement amount, and any sissociated interest, resulting from the 
decision of the Engineer Board of Contract Appeals in ENC BCA 
Docket Numbered 4650 (June 28,1985), notwithstanding the Federal 
cost limitation set out in section 84(c) of the Water Resources 
Development Act of 1974 (Public Law 93-251). 
SEC. 1127. CAMPGROUNDS FOR SENIOR CITIZENS. 
(a) The Secretary may establish and develop separate camp-
grounds for individuals sixty-two years of age or older at any lake or 
reservoir under the jurisdiction of the Secretary where camping is 
permitted. 
(b) The Secretary may prescribe regulations to control the use of 
and the access to any separate campground established and devel-
oped under subsection (a) of this section. 
(c) There are authorized to be appropriated such sums as may be 
necessary for fiscal years beginning after September 30, 1986, to 
carry out subsection (a) of this section. 
(d) The Secretary shall establish and develop the parcel of land 
(located in the State of Texas at the Sam Rayburn Dam and 
Reservoir) described in subsection (g) of this section as a separate 
campground for individuals sixty-two years of age or older. 
(e) The Secretary shall prescribe regulations to control the use of 
and the access to the separate campground established and devel-
oped pursuant to subsection (d) of this section. 
(f) There are authorized to be appropriated for fiscal years begin-
ning after September 30,1986, $600,000 to carry out subsection (d) of 
this section. 
(g) The parcel of land to be established and developed as a 
separate campground pursuant to subsection (d) of this section is a 
tract of land of approximately 50 acres which is located in the 
county of Angelina in the State of Texas and which is part of the 
Thomas Hanks survey. The boundary of the parcel begins at a point 
at the corner furthest west of tract numbered 3420 of the Sam 
Rayburn Dam and Reservoir: 
thence north 81 degrees 30 minutes east, approximately 2,800 
feet to a point at the edge of the water; 
thence south along the edge of the water approximately 2,600 
f 
feet; 
thence north 80 degrees 30 minutes west, approximately 1,960 
feet to a point at the reentrant corner of tract numbered 3419 of 
the Sam Rayburn Dam and Reservoir; 
thence along the boundary line of tract numbered 3419 north 
46 degrees 15 minutes west, 220 feet to a point at the center line 
of a road at the corner common to tract numbered 3419 and 
tract numbered 3420; 
thence along the southwestern boundary line of tract num-
bered 3420 north 46 degrees 15 minutes west, 230 feet to a point 
at the corner furthest east of tract numbered 3424 of the Sam 
Rayburn Dam and Reservoir; 
thence along the boundary line of tract numbered 3424 south 
32 degrees 4 minutes west, 420 feet to a point; 
87 Stat. 36. 
33 u s e 2308. 
Appropriation 
authorization. 
Texas. 
Regulations. 
Appropriation 
authorization. 
Texas. 
100 STAT. 4246 
PUBLIC LAW 99-662—NOV. 17, 1986 
thence along the boundary line of tract numbered 3424 north 
28 degrees 34 minutes west, 170 feet to a point; 
thence along the boundary line of tract numbered 3424 north 
38 degrees 15 minutes east, 248 feet to a point; 
thence along the boundary line of tract numbered 3424 north 
32 degrees 44 minutes east, 120 feet to a point at the corner 
furthest north of tract numbered 3424; 
thence along the southwestern boundary line of tract num-
bered 3420 north 46 degrees 15 minutes west, 460 feet to the 
beginning point. 
SEC. 1128. MERAMEC RIVER, MISSOURI. 
Section 2(h) of the Act entitled "An Act to deauthorize several 
projects within the jurisdiction of the Army Corps of Engineers" 
95 Stat. 1681. 
(Public Law 97-128) is amended by striking out "Saint Louis and 
Jefferson Counties, Missouri." and inserting in lieu thereof "Saint 
Louis, Jefferson, and Franklin Counties (including the community of 
Pacific, Missouri), Missouri.". 
SEC. 1129. BUFFALO HARBOR DRIFT REMOVAL. 
(a) Section 202(f) of the Water Resources Development Act of 1976 
33 use 426m. 
is amended to read as follows: 
Appropriation 
"(f) There is authorized to be appropriated to carry out this section 
authorization. 
such sums as may be necessary for fiscal years beginning after 
September 30,1986.". 
New York. 
(b) Subject to section 903(a) of this Act, the Secretary is authorized 
to develop, implement, and maintain a project under section 202 of 
, 
,.. 
the Water Resources Development Act of 1976 for removal of drift 
and debris from Buffalo Harbor, New York, and removal of dilapi-
dated structures from the adjacent shoreline, in accordance with 
such report, at a total cost of $2,130,000, with an estimated first 
Federal cost of $1,065,000 and an estimated first non-Federal cost of 
$1,065,000. 
' 
SEC. 1130. NORFOLK DAM AND LAKE BRIDGE. 
Section 16(b) of the Water Resources Development Act of 1974 (88 
Stat. 18) is amended by striking out "$1,342,000" and all that follows 
through the period at the end of such section and inserting in lieu 
thereof "$2,482,000.". 
SEC. 1131. DELAWARE RIVER 
lu 
. 
* 
1 
With respect to the navigation project for the Delaware River, 
Philadelphia to the sea, the Secretary— 
New Jersey. 
(1) shaU conduct Continuous monitoring of the materials being 
disposed of at the area known as the Penns Grove Disposal Area 
in Cameys Point, New Jersey; 
(2) shall conduct continuous monitoring to ensure that there 
is no leakage into or contamination of any underground aquifer 
* from such area; 
(3) shall not fill such area, or allow such area to be filled, to an 
elevation in excess of ten feet; and 
(4) shall not use, or allow to be used, for disposal of dredged 
material from such project any area immediately adjacent to 
the Penns Grove Disposal Area. 
33 u s e 2309. 
SEC. 1132. GREAT LAKES MARKETING BOARD. 
(a) To ensure the coordinated economic revitalization and environ-
mental enhancement of the Great Lakes and their connecting chan-
PUBLIC LAW 99-662—NOV. 17, 1986 
100 STAT. 4247 
nels and the Saint Lawrence Seaway (hereinafter in this section 
referred to as the "Great Lakes"), known as the "Fourth Seacoast" 
of the United States, it is hereby declared to be the intent of 
Congress to recognize the importance of the economic vitaUty of the 
Great Lakes region, the importance of exports from the region in 
the United States balance of trade, and the need to assure an 
environmentally and socially responsible navigation system for the 
Great Lakes. Congress finds that the Great Lakes provide a diversity 
of agricultural, commercial, environmental, recreational, and re-
lated opportunities based on their extensive water resources and 
water transportation systems. 
(bXD There is hereby established a Board to be known as the 
Great Lakes Commodities Marketing Board (hereinafter in this 
subsection referred to as the "Board"). 
(2XA) The Board shall develop a strategy to improve the capacity 
of the Great Lakes region to produce, market, and transport 
commodities in a timely manner and to maximize the efficiency and 
benefits of marketing products produced in the Great Lakes region 
and products shipped through the Great Lakes. 
(B) The strategy shall address, among other things, environmental 
issues relating to transportation on the Great Lakes and marketing 
difficulties experienced due to late harvest seasons in the Great 
Lakes region. The strategy shall include, as appropriate alternative 
storage, sales, marketing, multimodal transportation systems, and 
other systems, to assure optimal economic benefits to the region 
from agricultural and other commercial activities. The strategy 
shall develop— 
(i) methods to improve and promote both bulk and general 
cargo trade through Great Lakes ports; 
v. • ;•' •j<':^i 
(ii) methods to accelerate the movement of grains and other 
agricultural commodities through the Great Lakes; 
(iii) methods to provide needed flexibility to farmers in the 
Great Lakes region to market grains and other agricultural 
commodities; and 
(iv) methods and materials to promote trade from the Great 
Lakes region and through Great Lakes ports, particularly with 
European, Mediterranean, African, Caribbean, Central Amer-
ican, and South American nations. 
(C) In developing the strategy, the Board shall conduct and con-
sider the results of— 
(i) an analysis of the feasibility and costs of using iron ore 
vessels, which are not being utilized, to move grain and other 
agricultural commodities on the Great Lakes; 
(ii) an economic analysis of transshipping such commodities 
through Montreal, Canada, and other ports; 
(iii) an analysis of the economic feasibility of storing such 
commodities during the non-navigation season of the Great 
Lakes and the feasibility of and need for construction of new 
storage facilities for such commodities; 
(iv) an analysis of the constraints on the flexibility of farmers 
in the Great Lakes region to market grains and other agricul-
tural commodities, including harvest dates for such commod-
ities and the availability of transport and storage facilities for 
such commodities; and 
(v) an analysis of the amount of grain and other agricultural 
commodities produced in the United States which are being 
diverted to Canada by rail but which could be shipped on the 
100 STAT. 4248 
PUBLIC LAW 99-662—NOV. 17, 1986 
Great Lakes if vessels were available for shipping such products 
during the navigation season. 
(D) In developing the strategy, the Board shall consider weather 
problems and related costs and marketing problems resulting from 
the late harvest of agricultural commodities (including wheat and 
sunflower seeds) in the Great Lakes region. 
(E) In developing the strategy, the Board shall consult United 
States ports on the Great Lakes and their users, including farm 
organizations (such as wheat growers and soybean growers), port 
authorities, water carrier organizations, and other interested 
persons. 
(3) The Board shall be composed of seven members as follows: 
(A) the chairman of the Great Lakes Commission or his or her 
delegate, 
(B) the Secretary or his or her delegate, 
(C) the Secretary of Transportation or his or her delegate, 
(D) the Secretary of Commerce or his or her delegate, 
(E) the Administrator of the Saint Lawrence Seaway Develop-
ment Corporation or his or her delegate, 
(F) the Secretary of Agriculture or his or her delegate, and 
(G) the Administrator of the Environmental Protection 
Agency or his or her delegate. 
(4)(A) Members of the Board shall serve for the life of the Board. 
(B) Members of the Board shall serve without pay and those 
members who are full time officers or employees of the United 
States shall receive no additional pay by reason of their service on 
the Board, except that members of the Board shall be allowed travel 
or transportation expenses under subchapter I of chapter 57 of title 
5 use 5701 et 
5, United States Code, while away from their homes or regular 
seg- 
places of business and engaged in the actual performance of duties 
vested in the Board. 
(C) Four members of the Board shall constitute a quorum but a 
lesser number may hold hearings. 
(D) The co-chairmen of the Board shall be the Secretary or his or 
her delegate and the Administrator of the Saint Lawrence Seaway 
Development Corporation or his or her delegate. 
(E) The Board shall meet at the call of the co-chairmen or a 
majority of its members. 
(5)(A) The Board shall, without regard to section 5311(b) of title 5, 
United States Code, have a Director, who shall be appointed by the 
Board and shall be paid at a rate which the Board considers 
appropriate. 
(B) Subject to such rules as may be prescribed by the Board, 
without regard to 5311(b) of title 5, United States Code, the Board 
may appoint and fix the pay of such additional personnel as the 
Board considers appropriate. 
(C) Upon request of the Board, the head of any Federal agency is 
authorized to detail, on a reimbursable basis, any of the personnel of 
such agency to the Board to assist the Board in carrying out its 
duties under this subsection. 
(6XA) The Board may, for purposes of carrying out this subsection, 
hold such hearings, sit and act at such times and places, take 
such testimony, and receive such evidence, as the Board considers 
appropriate. 
(B) Any member or agent of the Board may, if so authorized by the 
Board, take any action which the Board is authorized to take by this 
paragraph. 
i ~'V v-^.w.- ^JUJ*' .
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^ 
PUBLIC LAW 99-662—NOV. 17, 1986 
100 STAT. 4249 
(C) The Board may secure directly from any department or agency 
of the United States any information necessary to enable it to carry 
out this subsection. Upon request of the co-chairmen of the Board, 
the head of such department or agency shall furnish such informa-
tion to the Board. 
(D) The Board may use the United States meiil in the same 
manner and under the same conditions as other departments and 
agencies of the United States. 
(E) The Administrator of General Services shall provide to the 
Board on a reimbursable basis such administrative support services 
as the Board may request. 
(7) Not later than September 30, 1989, the Board shall transmit to 
the President and to each House of the Congress a report stating the 
strategy developed under this subsection and the results of each 
analysis conducted under this subsection. Such report shall contain 
a detailed statement of the findings and conclusions of the Board 
together with its recommendations for such legislative and adminis-
trative actions as it considers appropriate to carry out such strategy 
and to assure maximum economic benefits to the users of the Great 
Lakes and to the Great Lakes region. 
(8) The Board shall cease to exist 180 days after submitting its 
report pursuant to this subsection. 
(9) The non-Federal share of the cost of carrjdng out this subsec-
tion shall be 25 percent. There is authorized to be appropriated such 
sums as may be necessary to carry out the Federal share of this 
subsection for fiscal years beginning after September 30, 1986, and 
ending before October 1,1990. 
(cXD The President shall invite the Government of Canada to join 
in the formation of an international advisory group whose duty it 
shall be (A) to develop a bilateral program for improving navigation, 
through a coordinated strategy, on the Great Lakes, and (B) to 
conduct investigations on a continuing basis and make recommenda-
tions for a sjrstem-wide navigation improvement program to facili-
tate optimum use of the Great Lakes. The advisory group shall be 
composed of five members representing the United States, five 
members representing Canada, and two members from the Inter-
national Joint Commission established by the treaty between the 
United States and Great Britain relating to boundary waters be-
tween the United States and Canada, signed at Washington, Janu-
ary 11, 1909 (36 Stat. 2448). The five members representing the 
United States shall include the Secretary of State, one member of 
the Great Lakes Commodities Marketing Board (as designated by 
the Board), and three individuals appointed by the President rep-
resenting commercigd, shipping, and environmental 
interests, 
respectively. 
(2) The United States representatives to the international ad-
visory group shall serve without pay and the United States rep-
resentatives to the advisory group who are full time officers or 
employees of the United States shall receive no additional pay by 
reason of their service on the advisory group, except that the United 
States representatives shall be allowed travel or transportation 
expenses under subchapter I of chapter 57 of title 5, United States 
Code, while away from their homes or regular place of business and 
engaged in the actual performance of duties vested in the advisory 
group. 
(3) The international advisory group established by this subsection 
shall report to Congress and to the Canadian Parliament on its 
Reports. 
Termination 
date. 
Appropriation 
authorization. 
President of U.S. 
Canada. 
5 u s e 5701 et 
seq. 
Reports. 
100 STAT. 4250 
PUBLIC LAW 99-662—NOV. 17, 1986 
Research and 
development. 
Fish and fishing. 
WildUfe. 
Report. 
16 u s e 460d 
note. 
progress in carrying out the duties set forth in this subsection not 
later than one year after the formation of such group and biennially 
thereafter, 
(d) The Secretary and the Administrator of the Environmental 
Protection Agency, in cooperation with the Secretary of the Interior, 
the Administrator of the National Oceanic and Atmospheric 
Administration, and other appropriate Federal and non-Federal 
entities, shall carry out a review of the environmental, economic, 
and social impacts of navigation in the United States portion of the 
Great Lakes. In carrying out such review, the Secretary and the 
Administrator shall use existing research, studies, and investiga-
tions relating to such impacts to the maximum extent possible. 
Special emphasis shall be made in such review of the impacts of 
navigation on the shoreline and on fish and wildlife habitat, includ-
ing, but not limited to, impacts associated with resuspension of 
bottom sediment. The Secretary and the Administrator shall submit 
to Congress an interim report of such review not later than Septem-
ber 30, 1988, and a final report of such review along with rec-
ommendations not later than September 30,1990. 
SEC. 1133. GREAT MIAMI RIVER BASIN. 
The prohibitions and provisions for review and approval of activi-
ties in waters of the United States as set forth in sections 9, 10, and 
13 of the Act of March 3, 1899 (30 Stat. 1151) and the first section of 
the Act of June 13, 1902 (32 Stat. 371) shall not apply to any works 
or improvements constructed or maintained now or in the future in 
the Great Miami River Basin, the Great Miami River, and the 
tributaries of the Great Miami River above river mile 7.5, by any 
political subdivision established pursuant to chapter 6101, Ohio 
Revised Code, as in effect on July 1,1983. 
SEC. 1134. CABIN SITE LEASES. 
(a) On and after December 31, 1989, the Secretary shall continue 
in effect any lease or assignment thereof to which this section 
applies, until such time as such lease is terminated by the lease-
holder, any successors or assigns of the leaseholder, or by the 
Secretary under subsection (b) of this section. Any such continuation 
beyond the date of expiration of such lease as in effect on Decem-
ber 31, 1989, shall be at fair market rentals and on such other 
reasonable terms and conditions not inconsistent with this section 
as the Secretary deems necessary. No continuation shall be made 
beyond such date unless the leaseholder agrees (1) to hold the 
United States harmless from any claim for damages or injury to 
persons or property arising from occupancy of or through the use of 
the property subject to such lease, and (2) to not unreasonably 
expand existing improvements. 
03)(1) On and after December 31,1989, the Secretary and any other 
officer or employee of the United States shall not terminate a lease 
to which this section applies, except as provided in paragraph (2) o. 
this subsection. 
(2) On and after December 31, 1989, the Secretary may terminate 
a lease to which this section applies only if^ 
(A) the property covered by the lease is needed for immediate 
use for public park purposes or other higher public use or for a 
navigation or flood control project; or 
^^ 
(B) the leaseholder substantially violates a provision of such 
lease. 
.- 
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•
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"
^ 
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PUBLIC LAW 99-662—NOV. 17, 1986 
100 STAT. 4251 
(c) Subsections (a) and (b) of this section apply to (1) any cottage 
site lease of property, which lesise was entered into by the Secretary 
of the Army pursuant to section 4 of the Act entitled "An Act 
authorizing the construction of certain public works on rivers and 
harbors for flood control, and for other purposes", approved Decem-
ber 22, 1944 (58 Stat. 889; 16 U.S.C. 460d), and is in effect on 
December 31,1989, and (2) any assignment of such a lease. 
(d) On and after December 31, 1989, no houseboat, boathouse, 
floating cabin, sleeping facilities at marinas, or lawfully installed 
dock or appurtenant structures shall be required to be removed 
from any Federal water resources reservoir or lake project adminis-
tered by the Secretary on which it was located on the date of 
enactment of this Act, if (1) such property is maintained in usable 
and safe condition, (2) such property does not occasion a threat to 
life or property, and (3) the holder of the lease, permit, or license is 
in substantial compliance with the existing lease or license, except 
where necessary for immediate use for public purposes or other 
higher public use or for a navigation or flood control project. 
(e) In any case in which a person holds a lease of property at Georgia. 
Clarks Hill Reservoir, Georgia, which is terminated under this 
^^^1 property, 
section on or after December 31, 1989, the Secretary shall offer for 
sale to such person real property at Clarks Hill Reservoir which is 
owned by the United States and is not needed for the project (if 
there is any such property). The property offered for sale shall be 
approximately equal in size to the property that was subject to such 
lease. The Secretary shall offer any such property for sale at the fair 
market value of the property, as determined by the Secretary. Each 
offer under this subsection shall be made on or before the date on 
which the lease is terminated and shall be open to such person for 
18 months from the time the offer is made. As a condition to a sale 
under this subsection, the leaseholder shall restore the property 
subject to the terminated lease to a condition acceptable to the 
Secretary. 
SEC. 1135. PROJECT MODIFICATIONS FOR IMPROVEMENT OF ENVIRON- 
33 USC 2294 
MENT. 
note. 
(a) The Secretary is authorized to review the operation of water 
resources projects constructed by the Secretary before the date of 
enactment of this Act to determine the need for modifications in the 
structures and operations of such projects for the purpose of improv-
ing the quality of the environment in the public interest. 
(b) The Secretary is authorized to carry out a demonstration 
program in the two-year period beginning on the date of enactment 
of this Act for the purpose of making such modifications in the 
structures and operations of water resources projects constructed by 
the Secretary before the date of enactment of this Act which the 
Secretary determines (1) are feasible and consistent with the au-
thorized project purposes, and (2) will improve the quality of the 
environment in the public interest. The non-Federal share of the 
cost of any modifications carried out under this section shall be 25 
percent. 
(c) The Secretary shall coordinate any actions taken pursuant to 
this section with appropriate Federal, State, and local agencies. 
(d) Not later than two years after the date of enactment of this Reports. 
Act, the Secretary shall transmit to Congress a report on the results 
of the review conducted under subsection (a) and on the demonstra-
tion program conducted under subsection (b). Such report shall 
100 STAT. 4252 
PUBLIC LAW 99-662—NOV. 17, 1986 
Appropriation 
authorization. 
Contracts. 
Illinois. 
72 Stat. 297. 
Reports. 
Grants. 
Appropriation 
authorization. 
State and local 
governments. 
Arizona. 
contain any recommendations of the Secretary concerning modifica-
tion and extension of such program. 
(e) There is authorized to be appropriated not to exceed 
$25,000,000 to carry out this section. 
SEC. 1136. WHITEWATER RIVER, CALIFORNIA. 
; 
'* 
(a) The Secretary is hereby authorized to develop and implement a 
flood warning system for the Whitewater River, San Bernadino and 
Riverside Counties, California, at a total cost of $300,000. 
O
b
) Prior to installation, local interests shall agree to operate and 
maintain the system authorized by subsection (a), and develop, 
maintain, and implement emergency evacuation plans satisfactory 
to the Secretary. 
SEC. 1137. REND LAKE. 
The Secretary shall amend the contract between the State of 
Illinois and the United States for use of storage space for water 
supply in Rend Lake on the Big Muddy River in Illinois to relieve 
the State of Illinois of the requirement to make annual payments for 
that portion of the maintenance and operation costs applicable to 
future water supply storage as is consistent with the Water Supply 
Act of 1958 (Public Law 85-500). The relief provided by the preced-
ing sentence shall apply for 5 years after the date of enactment of 
this Act or until the storage space is used, whichever first occurs, 
and shall apply in such proportion as the storage is used for water 
supply purposes. 
SEC. 1138. POE LOCK STUDY. 
The Secretary shall expedite completion of the study of a new lock 
parallel to the existing Poe Lock being undertaken as part of the 
study of additional locks on the Saint Lawrence Seaway and shall 
submit to the Congress a report on such additional lock not later 
than March 31,1987. 
SEC. 1139. PORT OF BUFFALO. 
The Secretary of Commerce, acting through the Economic Devel-
opment Administration, shall make a grant to the Niagara Frontier 
Transportation Authority, Port of Buffalo, for the construction and 
improvement of facilities, including the construction of covered bulk 
storage facilities, additional paved wharf area, bulkheading up to a 
total length of 1,000 feet sufficient to facilitate a 1,000-foot class X 
vessel or a 730-foot class VII vessel, and other projects consistent 
with implementation of the master plan for the Port of Buffalo. The 
non-Federal share of the cost of the project authorized by this 
section shall be 50 percent. There is authorized to be appropriated 
$3,500,000 to carry out this section. 
SEC. 1140. BEAVER RIVER, PENNSYLVANIA. 
The Secretary is authorized to carry out planning, engineering, 
and design for a project to construct and maintain a navigation 
channel 9 feet deep and 100 feet wide from the mouth of the Beaver 
River at Bridgewater, Pennsylvania, a distance of approximately 
three miles upriver, to the dam at New Brighton, at a total cost of 
$175,000. 
. 
-
^ 
SEC. 1141. GROUNDWATER RECHARGE. 
The Secretary, in consultation with appropriate Federal, State, 
and local agencies, is authorized to carry out planning, engineering. 
PUBLIC LAW 99-662—NOV. 17, 1986 
100 STAT. 4253 
and design for a project for the recharge of groundwater in the 
drainage basins of the Tucson, Arizona, and Scottsdale, Arizona, 
metropolitan areas, at a total cost of $250,000. 
SEC. 1142. MEASUREMENTS OF LAKE MICHIGAN DIVERSIONS. 
(a) Beginning October 1, 1987, the Secretary, in cooperation with 
the State of Illinois, shall carry out measurements and make nec-
essary computations required by the decree of the United States 
Supreme Court (388 U.S. 426) relating to the diversion of water from 
Lake Michigan and shall coordinate the results with downstate 
interests. The measurements and computations shall consist of all 
flow measurements, gauge records, hydraulic and hydrologic com-
putations, including periodic field investigations and measuring 
device calibrations, necessary to compute the amount of water 
diverted from Lake Michigan by the State of Illinois and its munici-
palities, political subdivisions, agencies, and instrumentalities, not 
including water diverted or used by Federal installations. 
(b) There are authorized to be appropriated $250,000 per fiscal 
year for each fiscal year beginning after September 30, 1986, to 
carry out this section, including those funds necessary to maintain 
the measurements and computations, as well as necessary capital 
construction costs associated with the installation of new flow 
measurement devices or structures declared necessary and appro-
priate by the Secretary. 
SEC. 1143. BERKELEY PIER, CALIFORNIA. 
The Secretary is authorized to carry out planning, engineering, 
and design for a project to remove the Berkeley Pier, which extends 
into San Francisco Bay, California, approximately 12,000 feet, at a 
total cost of $200,000. 
SEC. 1144. CONSTRUCTION OF SEAWALL, AMERICAN SAMOA. 
The Secretary is authorized to carry out planning, engineering, 
and design for a project to construct a seawall from the canneries in 
the village of Atu'u, Ma'oputasi County, to Breakers Point near the 
village of Tafananai, Sua County, Western Tutuila Island, American 
Samoa, at a total cost of $310,000. 
SEC. 1145. REHABILITATION OF DOCK, AMERICAN SAMOA. 
Subject to section 903(a) of this Act, the Secretary is authorized to 
rehabilitate the fuel dock adjacent to the Rainmaker Hotel between 
the villages of Utulei and Fagatogo in Ma'oputasi County, Eastern 
Tutuila Island, American Samoa, at a total cost of $3,000,000, with 
an estimated first Federal cost of $3,000,000. 
SEC. 1146. ACCEPTANCE OF CERTAIN FUNDS FOR MITIGATION. 
The Secretary is authorized to accept funds from any entity, 
public or private, in accordance with the Pacific Northwest Electric 
Power Planning and Conservation Act to be used to protect, miti-
gate, and enhance fish and wildlife in connection with projects 
constructed or operated by the Secretary. The Secretary may accept 
and use funds for such purposes without regard to any limitation 
established under any other provision of law or rule of law. 
SEC. 1147. GREAT LAKES CONSUMPTIVE USES STUDY. 
(a) STUDY OF CONSUMPTIVE USES.—In recognition of the serious 
impacts on the Great Lakes environment that may occur as a result 
of increased consumption of Great Lakes water, including loss of 
42 u s e 1962d-20 
note. 
Appropriation 
authorization. 
33 u s e 2286. 
Fish and fishing. 
Wildlife. 
42 u s e 1962d-20 
note. 
100 STAT. 4254 
PUBLIC LAW 99-662—NOV. 17, 1986 
wetlands and reduction of fish spawning and habitat areas, as well 
as serious economic losses to vital Great Lakes industries, and in 
recognition of the national goal to provide environmental protection 
and preservation of our natural resources while allowing for contin-
ued economic growth, the Secretary in cooperation with the 
";: b; ; >
o 
Administrator of the Environmental Protection Agency, other in-
terested departments, agencies, and instrumentalities of the United 
States, and the eight Great Lakes States, is authorized to conduct a 
study of the effects of Great Lakes water consumption on economic 
growth and environmental quality in the Great Lakes region and of 
control measures that can be implemented to reduce the quantity of 
water consumed. 
(b) MATTERS INCLUDED,—The study authorized by this section shall 
at a minimum include the following: 
(1) a review of the methodologies used to forecast Great Lakes 
consumptive uses, including an analysis of the sensitivity of key 
variables affecting such uses; 
(2) an analysis of the effect that enforcement of provisions of 
33 use 1251 
the Federal Water Pollution Control Act relating to thermal 
note. 
discharges has had on consumption of Great Lakes water; 
i 
(3) an analysis of the effect of laws, regulations, and national 
policy objectives on consumptive uses of Great Lakes water used 
in manufacturing; 
(4) an analysis of the associated environmental impacts and of 
the economic effects on industry and other interests in the 
Great Lakes region associated with individual consumptive use 
control strategies; and 
(5) a summary discussion containing recommendations for 
f 
methods of controlling consumptive uses which methods maxi-
mize benefits to the Great Lakes ecosystem and also provide for 
continued full economic growth for consuming industries as 
well as other industries which depend on the use of Great Lakes 
water. 
(c) GREAT LAKES STATES DEFINED.—For purposes of this section, 
the term "Great Lakes States" means Minnesota, Wisconsin, Illi-
nois, Ohio, Michigan, Indiana, Pennsylvania, and New York. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be 
appropriated $750,000 for fiscal years beginning after September 30, 
1986, to carry out this section. Sums appropriated under this section 
shall remain available until expended. 
SEC. 1148. PASSAIC RIVER BASIN. 
Subject to section 903(a) of this Act, the Secretary is authorized to 
acquire from willing sellers lands on which residential structures 
are located, which lands are subject to frequent and recurring flood 
damage, within the area being studied pursuant to the Passaic River 
Basin flood control study authorized by section 101 of the Water 
90 Stat. 2917. 
Resources Development Act of 1976. Lands acquired by the Sec-
retary under this section shall be retained by the Secretary for 
future use in conjunction with flood protection and flood manage-
Appropriation 
ment in the Passaic River Basin. There is authorized to be appro-
authorization, 
priated $50,000,000 to carry out this section. The non-Federal share 
of the cost of carrying out this section shall be 25 percent. 
SEC. 1149. SAULT SAINTE MARIE. MICHIGAN. 
Subject to section 9030t)) of this Act, the Secretary is authorized 
and directed to construct a second lock 1,294 feet in length, 115 feet 
PUBLIC LAW 99-662—NOV. 17, 1986 
100 STAT. 4255 
California. 
Maritime affairs. 
in width, and 32 feet in depth, adjacent to the existing lock at Sault 
Sainte Marie, Michigan, in accordance with the report of the Board 
of Engineers for Rivers and Harbors, dated May 19, 1986, at a total 
cost of $227,428,000. The Federal and non-Federal shares of such 
project shall be determined in accordance with section 101, with the 
method of payment to be determined in accordance with the report 
of the Chief of Engineers. 
SEC. 1150. WILLIAM G. STONE LOCK. 
(a) Notwithstanding any other provision of law, the State of 
California or any political subdivision thereof, or any non-Federal 
public body organized under the laws of the State of California, 
which is operating the William G. Stone Lock in Yolo County, 
California, under lease agreement with the Secretary may levy and 
collect tolls or other user fees from vessels using such lock. Such 
tolls or fees shall be in amounts not exceeding amounts necessary to 
recover the costs of operating and maintaining the William G. Stone 
Lock by such State, political subdivision, or public body under such 
lease agreement. 
• o i«n'" 
Ot)) Any lease for the operation of the William G. Stone Lock 
entered into by the Secretary after the date of enactment of this Act 
shall require the lessee to develop a plan of operation for such lock 
acceptable to Yolo County, California. 
SEC. 1151. SATILLA RIVER BASIN, GEORGIA. 
Subject to section 903(a) of this Act, the Secretary shall— 
(1) undertake a demonstration project consisting of the place-
ment of earthen plugs at Noyes and Bull Whirl Cuts on the 
-- J' / 
Umbrella Creek-Dover Creek system in the Satilla River Basin 
in Camden County, Georgia, for the purpose of reducing 
shoaling; and 
/< 
(2) monitor the effect of such plugs on the estuarine tidal 
• 
system for a ten-year period; 
at a total cost of $500,000, with an estimated first Federal cost of 
$500,000. The Secretary shall use the results of such monitoring to 
verify a hydrodynamic model which will allow the Secretary to 
reasonably predict the effects of cuts and closures in tidally-influ-
enced estuarine systems. 
SEC. 1152. THURMAN TO HAMBURG. IOWA. 
The Secretary is authorized to study measures to prevent flooding 
in the Thurman to Hamburg area of the Missouri River in western 
Fremont County, Iowa. Not later than two years after the date of Reports. 
the enactment of this Act, the Secretary shall submit to Congress a 
report on the results of such study along with recommendations for 
measures to prevent such flooding. Pending completion of the study 
the Secretary shall install pumping facilities in such area, at a total 
cost of $1,100,000, with an estimated first Federal cost of $825,000 
and an estimated first non-Federeil cost of $275,000. Cost sharing 
applicable to flood control projects shall apply to work authorized by 
the preceding sentence. 
SEC. 1153. UPPER ST. JOHN'S RIVER BASIN, FLORIDA. 
(a) For any survey, planning, or design of any water resources Fish and fishing. 
project for the Upper St. John's River Basin, Florida, the Secretary Wildlife. 
shall give equal consideration to structural, nonstructural, and Maritime affairs. 
primarily nonstructural alternatives including, but not limited to, 
100 STAT. 4256 
PUBLIC LAW 99-662—NOV. 17, 1986 
33 u s e 426o. 
Flood control. 
Appropriation 
authorization. 
33 u s e 2310. 
American 
Samoa. 
Guam. 
Northern 
Mariana Islands. 
Virgin Islands. 
Trust Territory 
of the Pacific 
Islands. 
Grants. 
Florida. 
Appropriation 
authorization. 
Delaware. 
Maryland. 
72 Stat. 297. 
68 Stat. 1248. 
floodproofing of structures; flood plain regulation; acquisition of 
flood plain lands for recreation, fish and wildlife, and other public 
purposes; relocation; reductions in water demand; water-borne traf-
fic scheduling; and vessel modification with a view toward formulat-
ing the most economically, socially, and environmentally acceptable 
means of solving the water resources problem. 
(b) Cost sharing applicable to nonstructural local flood protection 
projects shall apply to any water resources project on the Upper 
Saint John's River Basin, consistent with section 903(c). 
SEC. 1154. GREAT LAKES MATERIAL DISPOSAL. 
In planning and implementing any navigation project (including 
maintenance thereof) on the Great Lakes and adjacent waters, the 
Secretary shall consult and cooperate with concerned States in 
selecting disposal areas for dredged material which is suitable for 
beach nourishment. 
SEC. 1155. LOWER MISSISSIPPI WETLANDS. 
The Secretary, in consultation with the Secretary of the Interior 
and the Secretary of Commerce and appropriate State agencies, may 
develop and implement projects for the creation, protection, restora-
tion, and enhancement of wetlands in conjunction with authorized 
projects for navigation and flood control in the lower Mississippi 
Valley. There is authorized to be appropriated $2,000,000 for each of 
fiscal years 1987,1988, and 1989 to carry out this section. 
SEC. 1156. COST SHARING PROVISIONS FOR THE TERRITORIES. 
The Secretary shall waive local cost-sharing requirements up to 
$200,000 for all studies and projects in American Samoa, Guam, the 
Northern Mariana Islands, the Virgin Islands, and the Trust Terri-
tory of the Pacific Islands. 
SEC. 1157. MIAMI RIVER WATER QUALITY COMMISSION. 
(a) The Secretary shall make a grant of $50,000, subject to an 
appropriation for that purpose, to the Governor of the State of 
Florida for the establishment of a Miami River Management 
Commission to develop a comprehensive plan for improving the 
water quality of the Miami River, Florida, and its tributaries and 
managing all activities which affect the water quality and use of 
such river and tributaries. The commission shall be composed of 
seven members appointed by the Governor. A grant may be made 
under this section only after the State of Florida agrees to provide 
an amount equal to the amount of the grant to carry out this 
section. 
(b) There is authorized to be appropriated to carry out this section 
$50,000 for fiscal years beginning after September 30,1986. 
SEC. 1158. BREWERTON EXTENSION. 
Any funds appropriated after the date of the enactment of this 
Act to complete the Brewerton Extension of the Baltimore Harbor 
and Channels (connecting channels to the Chesapeake and Delaware 
Canal), authorized by the River and Harbor Act of 1958, which are 
not needed to complete such project because of savings resulting 
from the redesign of the project shall be available for maintenance 
dredging of the Inland Waterway from the Delaware River to the 
Chesapeake Bay, Delaware and Maryland (Chesapeake and Dela-
ware Canal), authorized by the River and Harbor Act of 1954. 
PUBLIC LAW 99-662—NOV. 17, 1986 
100 STAT. 4257 
SEC. 1159. MARSH CREEK BRIDGE, SAYERS LAKE, PENNSYLVANIA. 
The Secretary is authorized to construct necessary repairs on the 
Marsh Creek Bridge near Foster Joseph Sayers Lake, Centre 
County, Pennsylvania, at a total cost of $50,000, with a Federal cost 
of $25,000 and a non-Federal cost of $25,000. The non-Federal share 
, 
^ 
of the cost of the work authorized by this section shall be 50 percent. 
''° 
SEC. 1160. MIDDLE RIVER, MARYLAND. 
33 USC 59. 
(a) That portion of the waterway in which is located Dark Head 
Creek in the community of Middle River, Baltimore County, Mary-
land, lying northwest of a line extending south 68 degrees 37 
minutes 56 seconds west from a point (227.50 feet from the northeast 
corner of the existing bulkhead and pier line) whose coordinates in 
the Maryland State Coordinate System are north 544967.24 and east 
962701.05 (latitude north 39 degrees 19 minutes 42 seconds and 
longitude west 76 degrees 25 minutes 29.5 seconds) and thence south 
44 degrees 48 minutes 20 seconds west, 350.12 feet to a point (at the 
southwest comer of the existing bulkhead and pier line) whose 
coordinates in the Maryland State Coordinate System are north 
544635.94 and east 962242.46 (latitude north 39 degrees 19 minutes 
39 seconds and longitude west 76 degrees 25 minutes 35.4 seconds), is 
declared to be a nonnavigable water of the United States for pur-
poses of the navigation servitude. 
(b) The line described in subsection (a) shall be established as a 
combined pierhead and bulkhead line of Dark Head Creek. 
(c) Any project heretofore authorized by any Act of Congress, 
insofar as such project is within the boundaries of Dark Head Creek 
£is described in subsection (a), is not authorized after the date of 
-> ., 
enactment of this Act. 
(d) The right to alter, amend, or repeal this section is hereby 
expressly reserved. 
SEC. 1161. DEVIL'S KITCHEN LAKE. 
rj ,»f 
The Secretary of the Interior, acting through the Fish and Wild- Illinois. 
life Service, is authorized and directed to sell surplus water which 
may be available at the Devil's Kitchen Lake project, Illinois, for 
municipal use to the city of Marion, Illinois, on such terms and at 
" •
• • 
such rates as such Secretory determines to be reasonable based upon 
comparable rates in the area of southern Illinois. To implement the 
purpose of this section, the city of Marion is authorized to construct 
a catch basin or similar facility downstream of Devil's Kitchen Lake 
for purposes of collecting and withdrawing water. Prior to initiation 
of construction of any facilities adversely affecting the Crab Orchard 
National Wildlife Refuge, the Secretary of the Interior, in consulta- 
^ - -
tion with the Secretary must review and approve the plans of such 
work, along with the associated water withdrawal plans. The Sec-
retaries are authorized to provide technical assistance to the city in 
developing acceptable plans. 
SEC. 1162. MIAMI RIVER SEDIMENTS. 
Subject to section 903(a) of this Act, the Secretary is authorized 
rifei iaiH 
and directed to remove polluted bottom sediments from the Miami 
River and Seybold Canal in Miami, Florida, between the mouth of 
the Miami River and the salinity control structure at 36th Street. 
Local interests shall furnish all lands (including dredge disposal 
areas), eeisements, rights-of-way, relocations, and alterations nee 
essary for initial dredging and subsequent maintenance before the 
100 STAT. 4258 
PUBLIC LAW 99-662—NOV. 17, 1986 
Secretary removes any such sediments. The non-Federal share of 
the cost of carrying out this section (including the contribution 
under the preceding sentence) shall be 25 percent. 
SEC. 1163. EISENHOWER AND SNELL LOCKS. 
New York. 
Subject to section 903(b) of this Act, the Secretary is authorized to 
rehabilitate the Eisenhower and Snell Locks, Saint Lawrence River, 
Massena, New York, in accordance with the report of the District 
Engineer, dated November 1984, at a total cost of $39,200,000. The 
Federal share of such project shall be 100 percent, from the general 
fund of the Treasury, except that up to 25 percent of the cost of such 
project may be paid from tolls collected on the Saint Lawrence 
Seaway to the extent that the rehabilitation is not attributable to 
decisions and recommendations of the Corps of Engineers. 
SEC. 1164. WATER SUPPLY FOR THE TERRITORIES. 
Section 401(d) of the Act entitled "An Act to enhance the eco-
nomic development of Guam, the Virgin Islands, American Samoa, 
the Northern Mariana Islands, and for other purposes" (98 Stat. 
1735), is amended by striking "in fiscal" and inserting in lieu thereof 
"effective fiscal". 
SEC. 1165. SAN LUIS REY RIVER, CALIFORNIA. 
The interest rate used for purposes of analyzing the costs and 
benefits of the San Luis Rey River flood control program in San 
Diego County, California, shall be the applicable interest rate at the 
time an agreement under section 215 of the Flood Control Act of 
1968 was entered into. 
SEC. 1166. BRIDGES OVER NAVIGABLE WATERS. 
(a)(1) The Secretary shall reimburse, from sums appropriated 
under this section— 
(A) the owner of the Port of Houston Authority bridge over 
. r 
Greens Bayou, Texas, appropriately two and eight-tenths miles 
upstream of the confluence of Greens Bayou and the Houston 
Ship Channel, and 
(B) the owner of the pipeline bridge over Greens Bayou, 
Texas, immediately adjacent to the Port of Houston Authority 
bridge over Greens Bayou, 
for work done before the date of enactment of this Act for alter-
ations to each such bridge which were reasonably necessary for the 
purposes of navigation. 
Appropriation 
(2) There is authorized to be appropriated not to exceed $450,000 
authorization. 
to Carry out subparagraph (A) of paragraph (1) and not to exceed 
$250,000 to carry out subparagraph (B) of paragraph (1). 
(b) The Secretary of Transportation, in consultation with the 
Secretary, is authorized and directed to transmit to Congress a list 
of those bridges over navigable waters of the United States which 
have Federal permits and which were constructed, reconstructed, or 
removed during the period January 1, 1948, to January 1, 1985. 
Rhode Island. 
(c) In order to alleviate a navigational hazard in the Seekonk 
River in Providence, Rhode Island, the Secretary is authorized to 
demolish and remove the center span of the India Point Railroad 
Bridge, at a total cost of $500,000, with an estimated first Federal 
cost of $250,000 and an estimated first non-Federal cost of $250,000. 
The non-Federal share of the cost of the project authorized by this 
subsection shall be 50 percent. The Secretary shall not demolish 
42 use 
1962d-5a. 
Texas. 
Texas. 
PUBLIC LAW 99-662—NOV. 17, 1986 
100 STAT. 4259 
33 u s e 59w. 
such span until title to such bridge has been transferred to the 
United States. Revenue derived from the sale of scrap from this 
structure shall be credited toward the non-Federal share of the 
project. 
SEC. 1167. PEARSON-SKUBITZ BIG HILL LAKE. 
Subject to section 903(a) of the Act, the Secretary is authorized 
Kansas, 
and directed to improve public access to, and lessen a health and 
safety hazard, at Pearson-Skubitz Big Hill Lake, Kansas, by upgrad-
ing existing roads to the extent feasible acquiring additional rights-
of-way, and constructing new roads as required, at a cost of 
$4,000,000, with an estimated first Federal cost of $2,000,000 and an 
estimated first non-Federal cost of $2,000,000. The non-Federal 
share of the cost of the project authorized by this section shall be 50 
percent. 
SEC. 1168. NORTON BASIN AND JAMAICA BAY, NEW YORK. 
The two portions of Norton Basin and Jamaica Bay, New York, 
that are particularly described in Committee Print 99-58 of the 
Committee on Public Works and Transportation of the House of 
Representatives are hereby declared to be nonnavigable waters of 
the United States for purposes of the navigation servitude. 
SEC. 1169. AVALON BAY, CALIFORNIA. 
Subject to section 903(a) of this Act, and following completion of 
all necessary environmental documents, the Secretary is authorized 
to perform dredging in Avalon Bay, Santa Catalina Island, Califor-
nia, to a depth of 10 feet mean lower low water, and remove 
approximately 12,800 cubic yards of material, at a total cost of 
$300,000, with an estimated first Federal cost of $150,000 and an 
estimated first non-Federal cost of $150,000. The non-Federal share 
of the cost of the project authorized by this section shall be 50 
percent. 
SEC. 1170. ELLICOTT CREEK, NEW YORK. 
Notwithstanding section 103 of this Act, cost sharing for the 
project for flood protection and other purposes, EUicott Creek, New 
York, authorized by section 201 of the Flood Control Act of 1970, 
shall be in accordance with the agreement entered into with respect 
to such project under section 221 of the Flood Control Act of 1970, 
dated January 20,1984. 
SEC. 1171. TOUTLE AND GREEN RIVERS, WASHINGTON. 
For purposes of section 103 of this Act, physical construction shall 
be deemed to have been initiated before April 30, 1986, on the 
project for construction, operation, and maintenance of a sediment 
retention structure near the confluence of the Toutle and Green 
Rivers, Washington, authorized by Public Law 99-88. 
SEC. 1172. SPECIAL PROVISIONS REGARDING CERTAIN DUMPING SITES. 
(a) The Congress finds that the New York Bight Apex is no longer 
a suitable location for the ocean dumping of municipal sludge. 
O
t
>
) Title I of the Marine Protection, Research, and Sanctuaries Act 
of 1972 (33 U.S.C. 1401 et seq.) is amended by inserting after section 
104 the following new section: 
84 Stat. 1824. 
42 use 
1962d-5b. 
99 Stat. 293. 
33 u s e 1414a 
note. 
100 STAT. 4260 
PUBLIC LAW 99-662—NOV. 17, 1986 
33 u s e 1414a. 
33 u s e 1412. 
33 u s e 1282. 
Dam Safety Act 
of 1986. 
Appropriation 
authorization. 
State and local 
governments. 
33 u s e 467f. 
SPECIAL PROVISIONS REGARDING CERTAIN DUMPING SITES 
"SEC. 104A. (a) NEW YORK BIGHT APEX.—(1) For purposes of this 
subsection— 
"(A) The term 'Apex' means the New York Bight Apex 
consisting of the ocean waters of the Atlantic Ocean westward 
s, 
of 73 degrees 30 minutes west longitude and northward of 40 
%
, degrees 10 minutes north latitude. 
*l 
"(B) The term 'Apex site' means that site within the Apex at 
which the dumping of municipal sludge occurred before Octo-
;: 
ber 1,1983. 
"(C) The term 'eligible authority' means any sewerage author-
ity or other unit of State or local government that on Novem-
ber 2, 1983, was authorized under court order to dump munici-
pal sludge at the Apex site. 
"(2) No person may apply for a permit under this title in relation 
to the dumping of, or the transportation for purposes of dumping, 
municipal sludge within the Apex unless that person is an eligible 
authority. 
"(3) The Administrator may not issue, or renew, any permit under 
this title that authorizes the dumping of, or the transportation for 
purposes of dumping, municipal sludge within the Apex after the 
earlier o
f
— 
"(A) December 15,1987; or 
"(B) the day determined by the Administrator to be the first 
day on which municipal sludge generated by eligible authorities 
can re£isonably be dumped at a site designated under section 102 
other than a site within the Apex. 
"(b) RESTRICTION ON USE OF THE 106-MILE SITE.—The Adminis-
trator may not issue or renew any permit under this title which 
authorizes any person, other than a person that is an eligible 
authority within the meaning of subsection (a)(1)(C), to dump, or to 
transport for the purposes of dumping, municipal sludge within the 
site designated under section 102(c) by the Administrator and known 
as the '106-Mile Ocean Waste Dump Site' (as described in 49 F.R. 
19005).". 
SEC. 1173. CHICAGO TUNNEL AND RESERVOIR PROJECT. 
Notwithstanding any other provision of law (including section 202 
of the Federal Water Pollution Control Act), the Federal share of 
the cost of construction of the Chicago Tunnel and Reservoir Project, 
Illinois, shall be 75 percent. 
TITLE XII—DAM SAFETY 
'Laiiof 
SEC. 1201. (a) Section 1 of Public Law 92-367 (33 U.S.C. 467; 86 
Stat. 506) is amended by striking out the final period and inserting 
in lieu thereof the following: ", unless such barrier, due to its 
location or other physical characteristics, is likely to pose a signifi-
cant threat to human life or property in the event of its failure.". 
(b) Public Law 92-367 is further amended by inserting after 
section 6 the following sections: 
"SEC. 7. (a) There is authorized to be appropriated to the Secretary 
of the Army (hereafter in this Act referred to as the 'Secretary'), 
$13,000,000 for each of the fiscal years ending September 30, 1988, 
through September 30, 1992. Sums appropriated under this section 
shall be distributed annually among States on the following basis: 
PUBLIC LAW 99-662—NOV. 17, 1986 
100 STAT. 4261 
•in^sn 
State and local 
governments. 
33 use 467g. 
One-third equally among those States that have established dam 
safety programs approved under the terms of section 8 of this Act, Infra. 
and two-thirds in proportion to the number of dams located in each 
State that has an established dam safety program under the terms 
of section 8 of this Act to the number of dams in all States with such 
approved programs. In no event shall funds distributed to any State 
under this section exceed 50 percent of the reasonable cost of 
implementing an approved dam safety program in such State. 
"Qo) No grant may be made to a State under this section in any Grants, 
fiscal year unless such State enters into such agreements with the 
Secretary as the Secretary may require to ensure that such State 
will maintain its aggregate expenditures from all other sources for 
programs to assure dam safety for the protection of human life and 
property at or above the average level of such expenditures in its 
two fiscal years preceding the date of enactment of this section. 
"SEC. 8. (a) In order to encourage the establishment and mainte-
nance of effective programs intended to assure dam safety to protect 
human life and property and to improve such existing programs, the 
Secretary shall provide assistance under the terms of section 7 of Ante, p. 4260. 
this Act to any State that establishes and maintains a dam safety 
program which is approved under this section. In evaluating a 
State's dam safety program, under the terms of subsections (b) and 
(c) of this section, the Secretary shall determine that such program 
includes the following: 
"(1) a procedure, whereby, prior to any construction the plans 
for any dam will be reviewed to provide reasonable assurance of 
the safety and integrity of such dam over its intended life; 
"(2) a procedure to determine, during and following construc-
tion and prior to operation of each dam built in the State, that 
such dam has been constructed and will be operated in a safe 
/ and reasonable manner; 
"(3) a procedure to inspect every dam within such State at 
least once every five years, except that such inspections shall be 
^^'^ '-^^j ^ 
required at least every three years for any dam the failure of 
which is likely to result in the loss of human life; 
"(4) a procedure for more detailed and frequent safety inspec-
tions, when warranted; 
"(5) the State has or can be expected to have authority to 
require those changes or modifications in a dam, or its oper-
ation, necessary to assure the dam's safety; 
"(6) the State has or can be expected to develop a system of 
i, 
emergency procedures that would be utilized in the event a dam 
fails or in the event a dam's failure is imminent together with 
an identification of those dams where failure could be reason-
ably expected to endanger human life, and of the maximum 
, 
area that could be inundated in the event of the failure of such 
^ 
dam, as well as identification of those necessary public facilities 
that would be affected by such inundation; 
"(7) the State h£is or can be expected to have the authority to 
assure that any repairs or other changes needed to maintain the 
integrity of any dam will be undertaken by the dam's owner, or 
' . ,^ , 
other responsible party; and 
-,.. . - ? .u 
"(8) the State has or can be expected to have authority and 
necessary emergency funds to assure immediate repairs or 
other changes to, or removal of, a dam in order to protect 
human life and property, and if the owner does not take action, 
to take appropriate action as expeditiously as possible. 
100 STAT. 4262 
PUBLIC LAW 99-662—NOV. 17, 1986 
Infra. 
Ante, p. 4260. 
Contracts. 
33 u s e 467h. 
State and local 
governments. 
33 u s e 4671. 
Ante, p. 4261. 
Appropriation 
authorization. 
33 u s e 467j. 
Research and 
development. 
33 u s e 467k. 
Appropriation 
authorization. 
33 u s e 467d. 
Appropriation 
authorization. 
33 u s e 467/. 
"(b) Any program which is submitted to the Secretary under the 
authority of this section shall be deemed approved 120 days follow-
ing its receipt by the Secretary unless the Secretary determines 
within such 120-day period that such program fails to reasonably 
meet the requirements of subsection (a) of this section. If the Sec-
retary determines such a program cannot be approved, he shall 
immediately notify such State in writing, together with his reasons 
and those changes needed to enable such plan to be approved. 
"(c) Utilizing the expertise of the Board established under section 
9 of this Act, the Secretary shall review periodically the im-
plementation and effectiveness of approved State dam safety pro-
grams. In the event the Board finds that a State program under this 
Act has proven inadequate to reasonably protect human life and 
property, and the Secretary agrees, the Secretary shall revoke 
approval of such State program and withhold assistance under the 
terms of section 7 of this Act until such State program has been 
reapproved. 
"SEC. 9. (a) There is authorized to be established a National Dam 
Safety Review Board (hereinafter in this Act referred to as the 
'Board'), which shall be responsible for reviewing and monitoring 
State implementation of this Act. The Board is authorized to utilize 
the expertise of other agencies of the United States and to enter into 
contracts for necessary studies to carry out the requirements of this 
section. 
"(b) The Board shall consist of seven members selected for their 
expertise in dam safety, to represent the Department of the Army, 
the Department of the Interior, the Tennessee Valley Authority, the 
Federal Emergency Management Agency, and the Department of 
Agriculture, plus two members, selected by the President, from 
employees or officials of States having an approved program under 
section 8 of this Act. 
"SEC. 10. The head of any agency of the United States that owns 
or operates a dam, or proposes to construct a dam in any State, 
shall, when requested by such State, consult fully with such State on 
the design and safety of such dam and allow officials of such State to 
participate with officials of such agency in all safety inspections of 
such dam. 
"SEC. 11. The Secretary shall, at the request of any State that has 
or intends to develop a dam safety program under section 8 of this 
Act, provide training for State dam safety inspectors. There is 
authorized to be appropriated to carry out this section $500,000 for 
each of the fiscal years ending September 30, 1988, through Septem-
ber 30,1992. 
"SEC. 12. The Secretary, in cooperation with the National Bureau 
of Standards, shall undertake a program of research in order to 
develop improved techniques and equipment for rapid and effective 
dam inspection, together with devices for the continued monitoring 
of dams for safety purposes. The Secretary shall provide for State 
participation in such research and periodically advise all States and 
the Congress of the results of such research. There is authorized to 
be appropriated to carry out this section $2,000,000 for each of the 
fiscal years ending September 30, 1988, through September 30, 1992. 
"SEC. 13. The Secretary is authorized to maintain and periodically 
publish updated information on the inventory of dams authorized in 
section 5 of this Act. For the purpose of carrying out this section, 
there is authorized to be appropriated to the Secretary $500,000 for 
PUBLIC LAW 99-662—NOV. 17, 1986 
100 STAT. 4263 
each of the fiscal years ending September 30, 1988, through Septem-
ber 30,1992. 
"SEC. 14. No funds authorized in this Act shall be used to con-
struct or repair any Federal or non-Federal dam.". 
SEC. 1202. Any report that is submitted to the Committee on 
Environment and Public Works of the Senate or the Committee on 
Public Works and Transportation of the House of Representatives 
by the Secretary, or the Secretary of Agriculture acting under 
Public Law 83-566, as amended, which proposes construction of a 
water impoundment facility, shall include information on the con-
sequences of failure and geologic or design factors which could 
contribute to the possible failure of such facility. 
SEC. 1203. (a) After the date of enactment of this Act, costs 
incurred in the modification by the Secretary of dams and related 
facilities constructed or operated by the Secretary, the cause of 
which results from new hydrologic or seismic data or changes in 
state-of-the-art design or construction criteria deemed necessary for 
safety purposes, shall be recovered in accordance with the provisions 
in this subsection: 
(1) Fifteen percent of the modification costs shall be assigned 
to project purposes in accordance with the cost allocation in 
effect for the project at the time the work is initiated. Non-
Federal interests shall share the costs assigned to each purpose 
in accord with the cost sharing in effect at the time of initial 
project construction: Provided, That the Secretary of the In-
terior shall recover costs assigned to irrigation in accordance 
with repayment provisions of Public Law 98-404. 
(2) Repa3anent under this subsection, with the exception of 
costs assigned to irrigation, may be made, with interest, over a 
period of not more than thirty years from the date of completion 
of the work. The interest rate used shall be determined by the 
Secretary of the Treasury, taking into consideration average 
market yields on outstanding marketable obligations of the 
United States with remaining periods to maturity comparable 
to the applicable reimbursable period during the month preced-
ing the fiscal year in which the costs are incurred, plus a 
premium of one-eighth of one percentage point for transaction 
costs. To the extent that more than one interest rate is deter-
mined pursuant to the preceding sentence, the Secretary of the 
Treasury shall establish an interest rate at the weighted aver-
age of the rates so determined. 
Qo) Nothing in this section affects the authority of the Secretary to 
perform work pursuant to Public Law 84-99, as amended (33 U.S.C. 
701n) or cost sharing for such work. 
SEC. 1204. Section 3 of Public Law 92-367 (33 U.S.C. 467b) is 
amended by adding after the first sentence thereof the following 
new sentence: "In any case in which any hazardous conditions are 
found during an inspection, upon request by the owner, the Sec-
retary, acting through the Chief of Engineers, may perform detailed 
engineering studies to determine the structural integrity of the dam, 
subject to reimbursement of such expense by the owner of such 
dam.". 
SEC. 1205. (a) The Secretary is authorized to provide technical 
assistance related to the repair of the spillway and technical assist-
ance related to other measures to restore the safety of the dam used 
to supply water to Schuyler County Public Water Supply District 
Number 1, Missouri. Such technical assistance may be provided on a 
33 u s e 467m. 
Reports. 
33 u s e 2311. 
33 u s e 467n. 
••i?te?'. 
43 u s e 506 note. 
• , M M 
Missouri. 
100 STAT. 4264 
PUBLIC LAW 99-662—NOV. 17, 1986 
Ohio. 
33 use 467 note. 
nonreimbursable basis at a cost not exceeding $50,000, and may be 
provided as needed in additional amounts on a fully reimbursable 
basis. 
O
t
>
) The Secretary is authorized to provide technical assistance for 
necessary repairs to the Milton Dam in Mahoning County, Ohio, in 
accordance with the remedial measures described in the report of 
the District Engineer, Pittsburgh District, entitled "Milton Dam, 
Mahoning County, Ohio, Investigation to Determine the Adequacy 
of Structural and Hydraulic Components", dated February 1980. 
Such technical assistance may be provided on a nonreimbursable 
basis at a cost not exceeding $50,000, and may be provided as needed 
in additional amounts on a fully reimbursable basis. 
SEC. 1206. This title may be cited as the "Dam Safety Act of 1986". 
' 
TITLE XIII—NAMINGS 
SEC. 1301. JENNINGS RANDOLPH LAKE. 
Maryland. 
Bloomington Lake located on the North Branch of the Potomac 
West Virginia. 
River near Bloomington, Maryland, and Keyser, West Virginia, is 
named and designated as the "Jennings Randolph Lake". Any 
reference in a law, map, regulation, document, record, or other 
paper of the United States to such lake shall be held to be a 
reference to the "Jennings Randolph Lake". 
SEC. 1302. JAMES W. TRIMBLE LOCK AND DAM. 
Arkansas. 
Lock and dam numbered 13 on the Arkansas River, Arkansas, 
constructed as part of the project for navigation on the Arkansas 
River and tributaries, shall hereafter be known and designated as 
the "James W. Trimble Lock and Dam". Any law, regulation, 
document, or record of the United States in which such lock and 
dam are referred to shall be held to refer to such lock and dam as 
the "James W. Trimble Lock and Dam". 
SEC. 1303. ARTHUR V. ORMOND LOCK AND DAM. 
Arkansas. 
Lock and dam numbered 9 on the Arkansas River, Arkansas, 
constructed as part of the project for navigation on the Arkansas 
River and tributaries, shall hereafter be known and designated as 
the "Arthur V. Ormond Lock and Dam". Any law, regulation, 
document, or record of the United States in which such lock and 
dam are referred to shall be held to refer to such lock and dam as 
the "Arthur V. Ormond Lock and Dam". 
SEC. 1304. GREILICKVILLE HARBOR. 
Michigan. 
The harbor located in Elmwood Township, Leelanau County, 
Michigan, and authorized as the Grand Traverse Bay by section 101 
of the River and Harbor Act of 1948 (62 Stat. 1173) shall hereafter be 
known and designated as the "Greilickville Harbor". Any reference 
in a law, map, regulation, document, record, or other paper of the 
United States to that harbor shall be deemed to be a reference to the 
"Greilickville Harbor". 
SEC. 1305. WILBUR D. MILLS DAM. 
Arkansas. 
Dam numbered 2 on the Arkansas River, Arkansas, constructed 
as part of the project for navigation on the Arkansas River and 
tributaries, shall hereafter be known and designated as the "Wilbur 
D. Mills Dam". Any law, regulation, document, or record of the 
PUBLIC LAW 99-662—NOV. 17, 1986 
100 STAT. 4265 
:Hif-
United States in which such dam is referred to shall be held to refer 
to such dam as the "Wilbur D. Mills Dam". 
SEC. 1306. S. W. TAYLOR MEMORIAL PARK. 
The China Bluff access area which is being constructed by the 
Army Corps of Engineers as part of the Gainesville lock and dam 
portion of the Tennessee-Tombigbee Waterway project and which is 
located near Warsaw in Sumter County, Alabama, shall hereafter be 
known as the "S. W. Taylor Memorial Park". Any reference in any 
law, map, regulation, document, or other record of the United States 
to the China Bluff access area shall be held to be a reference to the 
"S. W. Taylor Memorial Park". 
SEC. 1307. H. K. THATCHER LOCK AND DAM. 
Calion Lock and Dam located on the Ouachita River near Calion, Arkansas. 
Arkansas, shall hereafter be known and designated as the "H. K. 
Thatcher Lock and Dam". Any reference in a law, map, regulation, 
document, record, or other paper of the United States to such lock 
and dam shall be held to be a reference to the "H. K. Thatcher Lock 
and Dam". 
SEC. 1308. DEWAYNE HAYES RECREATION AREA. 
The Stinson Creek Recreation Area which is to be constructed by 
the Army Corps of Engineers as part of the Columbus Lake portion 
of the Tennessee-Tombigbee Waterway project and which is located 
in Lowndes County, Mississippi, shall hereafter be known and 
designated as the "DeWayne Hayes Recreation Area". Any law, 
regulation, document, or record of the United States in which such 
recreation area is referred to shall be held to refer to such recre-
ation area as the "DeWayne Hayes Recreation Area". 
SEC. 1309. WINTHROP ROCKEFELLER LAKE. 
The reservoir created by dam numbered 9 on the Arkansas River, 
Arkansas, constructed as part of the project for navigation on the 
Arkansas River and tributaries, shall hereafter be known and des-
ignated as the "Winthrop Rockefeller Lake". Any law, regulation, 
document, or record of the United States in which such reservoir is 
referred to shall be held to refer to such reservoir as the "Winthrop 
Rockefeller Lake". 
SEC. 1310. WEHRSPANN LAKE. 
Papillion Creek and Tributaries Lakes, Nebraska, site 20 on the 
West Papillion Creek shall hereafter be known and designated as 
the "Wehrspann Lake". Any reference in a law, map, regulation, 
document, record, or other paper of the United States to such site 
shall be held to be a reference to the "Wehrspann Lake". 
SEC. 1311. JACK D. MALTESTER CHANNEL. 
The main channel of the project for San Leandro Marina, Califor-
nia, authorized by section 201 of the Flood Control Act of 1965 and 42 USC 1962d-5. 
approved by resolution adopted by the Committee on Public Works 
of the House of Representatives on June 22, 1971, and by the 
Committee on Public Works of the Senate on December 15, 1970, 
shall be known and designated as the "Jack D. Maltester Channel". 
Each reference to such channel in a law, map, regulation, document, 
record, or other paper of the United States shall be deemed to be a 
reference to the "Jack D. Maltester Channel". 
Arkansas. 
I'i^h Oi 
Nebraska. 
100 STAT. 4266 
PUBLIC LAW 99-662—NOV. 17, 1986 
Harbor 
Maintenance 
Revenue Act of 
1986. 
26 u s e 1 note. 
26 u s e 4451 et 
seq. 
Ante, p. 2095. 
26 u s e 4461. 
Imports. 
Exports. 
Exports. 
26 u s e 4462. 
? 
TITLE XIV—REVENUE PROVISIONS 
SEC. 1401. SHORT TITLE. 
This title may be cited as the "Harbor Maintenance Revenue Act 
of 1986". 
SEC. 1402. IMPOSITION OF HARBOR MAINTENANCE TAX. 
(a) GENERAL RULE.—Chapter 36 of the Internal Revenue Code of 
1954 (relating to certain other excise taxes) is amended by inserting 
after the chapter heading the following new subchapter: 
"Subchapter A—Harbor Maintenance Tax 
"Sec. 4461. Imposition of tax. 
. 
>
, 
^ 
"Sec. 4462. Definitions and special rules. 
"SEC. 4461. IMPOSITION OF TAX. 
"(a) GENERAL RULE.—There is hereby imposed a tax on any port 
use. 
"(b) AMOUNT OF TAX.—The amount of the tax imposed by subsec-
tion (a) on any port use shall be an amount equal to 0.04 percent of 
the value of the commercial cargo involved. 
"(C) LlABIUTY AND TlME OF IMPOSITION OF T A X . — 
"(1) LIABILITY.—The tax imposed by subsection (a) shall be 
paid by— 
"(A) in the case of cargo entering the United States, the 
importer, 
"(B) in the case of cargo to be exported from the United 
States, the exporter, or 
"(C) in any other case, the shipper. 
"(2) TIME OF IMPOSITION.—Except as provided by regulations, 
the tax imposed by subsection (a) shall be imposed— 
"(A) in the case of cargo to be exported from the United 
States, at the time of loading, and 
"(B) in any other case, at the time of unloading. 
"SEC. 4462. DEFINITIONS AND SPECIAL RULES. 
"(a) DEFINITIONS.—For purposes of this subchapter— 
"(1) PORT USE.—The term 'port use' means— 
- 
' 
"(A) the loading of commercial cargo on, or 
"(B) the unloading of commercial cargo from, 
a commercial vessel at a port. 
"(2) PORT.— 
"(A) IN GENERAL.—The term 'port' means any channel or 
ei, 
harbor (or component thereof) in the United States, 
which— 
"(i) is not an inland waterway, and 
, ., ? 
.-^ 
"(ii) is open to public navigation. 
"(B) EXCEPTION FOR CERTAIN FACILITIES.—The term 'port' 
does not include any channel or harbor with respect to 
which no Federal funds have been used since 1977 for 
construction, maintenance, or operation, or which was 
deauthorized by Federal law before 1985. 
"(C) SPECIAL RULE FOR COLUMBIA RIVER.—The term 'port' 
shall include the channels of the Columbia River in the 
• 
States of Oregon and Washington only up to the down-
stream side of Bonneville lock and dam. 
PUBLIC LAW 99-662—NOV. 17, 1986 
100 STAT. 4267 
"(3) COMMERCIAL CARGO.— 
"(A) IN GENERAL.—The term 'commercial cargo' means 
any cargo transported on a commercial vessel, including 
passengers transported for compensation or hire. 
"(B) CERTAIN ITEMS NOT INCLUDED.—The term 'commer-
cial cargo' does not include— 
f
* 
"(i) bunker fuel, ship's stores, sea stores, or the legiti- 
' 
'- 
mate equipment necessary to the operation of a vessel, 
~ 
or 
•
; 
"(ii) fish or other aquatic animal life caught and not 
previously landed on shore. 
"(4) COMMERCIAL VESSEL.— 
t 
"(A) IN GENERAL.—The term 'commercial vessel' means 
any vessel used— 
"(i) in transporting cargo by water for compensation 
or hire, or 
.ij 
"(ii) in transporting cargo by water in the business of 
the owner, lessee, or operator of the vessel. 
"(B) EXCLUSION OF FERRIES.— 
"(i) IN GENERAL.—The term 'commercial vessel' does 
not include any ferry engaged primarily in the ferrying 
of passengers (including their vehicles) between points 
within the United States, or between the United States 
and contiguous countries. 
; ! 
"(ii) FERRY.—The term 'ferry' means any vessel 
which arrives in the United States on a regular sched-
ule during its operating season at intervals of at least 
once each business day. 
"(5) VALUE.— 
"(A) IN GENERAL.—The term 'value' means, except as 
provided in regulations, the value of any commercial cargo 
as determined by standard commercial documentation. 
"(B) TRANSPORTATION OF PASSENGERS.—In the case of the 
transportation of passengers for hire, the term 'value' 
means the actual charge paid for such service or the 
* 
prevailing charge for comparable service if no actual charge 
is paid. 
"(b) SPECIAL RULE FOR ALASKA, HAWAII, AND POSSESSIONS.— 
"(1) IN GENERAL.—No tax shall be imposed under section 
4461(a) with respect to— 
"(A) cargo loaded on a vessel in a port in the United Maritime affairs. 
States mainland for transportation to Alaska, Hawaii, or 
any possession of the United States for ultimate use or 
consumption in Alaska, Hawaii, or any possession of the 
United States, 
"(B) cargo loaded on a vessel in Alaska, Hawaii, or any 
possession of the United States for transportation to the 
United States mainland for ultimate use or consumption in 
the United States mainland, 
"(C) the unloading of cargo described in subparagraph (A) 
or (B) in Alaska, Hawaii, or any possession of the United 
States, or in the United States mainland, respectively, or 
"(D) cargo loaded on a vessel in Alaska, Hawaii, or a 
possession of the United States and unloaded in the State or 
I 
possession in which loaded. 
100 STAT. 4268 
PUBLIC LAW 99-662—NOV. 17, 1986 
Maritime affairs. 
26 u s e 4042. 
Exports. 
Canada. 
Mexico. 
Maritime affairs. 
•foz 
.'KiBfte'jmiJhiM f
"
^
* 
"(2) CARGO DOES NOT INCLUDE CRUDE OIL WITH RESPECT TO 
-r:^ ALASKA.—For purposes of this subsection, the term 'cargo' does 
not include crude oil with respect to Alaska. 
"(3) UNITED STATES MAINLAND.—For purposes of this subsec-
.
% 'i tion, the term 'United States mainland means the continental 
United States (not including Alaska). 
"(c) COORDINATION OF TAX WHERE TRANSPORTATION SUBJECT TO 
TAX IMPOSED BY SECTION 4042.—No tax shall be imposed under this 
subchapter with respect to the loading or unloading of any cargo on 
or from a vessel if any fuel of such vessel has been (or will be) 
subject to the tax imposed by section 4042 (relating to tax on fuel 
used in commercial transportation on inland waterways). 
"(d) NONAPPUCABIUTY OF T A X T O CERTAIN C A R G O . — 
"(1) IN GENERAL.—Subject to paragraph (2), the tax imposed 
,.^ by section 4461(a) shall not apply to bonded commercial cargo 
nor. gn^gj-ing the United States for transportation and direct expor-
tation to a foreign country. 
"(2) IMPOSITION OF CHARGES.—Paragraph (1) shall not apply to 
any cargo exported to Canada or Mexico— 
"(A) during the period— 
"(i) after the date on which the Secretary determines 
that the Government of Canada or Mexico (as the case 
may be) has imposed a substantially equivalent tax, fee, 
or charge on commercial vessels or commercial cargo 
utilizing ports of such country, and 
"(ii) subject to subparagraph (B), before the date on 
which the Secretary determines that such tax, fee, 
fr; 
charge has been discontinued by such country, and 
"(B) with respect to a particular United States port (or to 
any transaction or class of transactions at any such port) to 
the extent that the study made pursuant to section 1407(a) 
of the Water Resources Development Act of 1986 (or a 
review thereof pursuant to section 1407(b) of such Act) finds 
that— 
"(i) the imposition of the tax imposed by this sub-
chapter at such port (or to any transaction or class of 
transactions at such port) is not likely to divert a 
significant amount of cargo from such port to a port in 
a country contiguous to the United States, or that any 
such diversion is not likely to result in significant 
economic loss to such port, or 
"(ii) the nonapplicability of such tax at such port (or 
to any transaction or class of transactions at such port) 
is likely to result in significant economic loss to any 
other United States port. 
"(e) EXEMPTION FOR UNITED STATES.—No t£ix shall be imposed 
under this subchapter on the United States or any agency or 
instrumentality thereof. 
"(f) EXTENSION OF PROVISIONS OF LAW APPUCABLE TO CUSTOMS 
DUTY.— 
"(1) IN GENERAL.—Except to the extent otherwise provided in 
regulations, all administrative and enforcement provisions of 
customs laws and regulations shall apply in respect of the tax 
imposed by this subchapter (and in respect of persons liable 
therefor) as if such tax were a customs duty. For purposes of the 
preceding sentence, any penalty expressed in terms of a rela-
tionship to the amount of the duty shall be treated as not less 
•3.. 
'Gf*0 
imijo; 
PUBLIC LAW 99-662—NOV. 17, 1986 
100 STAT. 4269 
than the amount which bears a similar relationship to the value 
of the cargo. 
"(2) JURISDICTION OF COURTS AND AGENCIES.—For purposes of 
determining the jurisdiction of any court of the United States or 
any agency of the United States, the tax imposed by this 
subchapter shall be treated as if such tax were a customs duty. 
"(3) ADMINISTRATIVE PROVISIONS APPUCABLE TO TAX LAW NOT 
TO APPLY.^The tax imposed by this subchapter shall not be 
treated as a tax for purposes of subtitle F or any other provision 
of law relating to the administration and enforcement of in-
ternal revenue taxes. 
"(g) SPECIAL RULES.—Except as provided by regulations— 
"(1) TAX IMPOSED ONLY ONCE.—Only 1 tax shall be imposed 
under section 4461(a) with respect to the loading on and unload-
ing from, or the unloading from and the loading on, the same 
vessel of the same cargo. 
"(2) EXCEPTION FOR INTRAPORT MOVEMENTS.—Under regula-
tions, no tax shall be imposed under section 4461(a) on the mere 
movement of cargo within a port. 
"(h) REGULATIONS.—The Secretary may prescribe such additional 
regulations as may be necessary to carry out the purposes of this 
subchapter including, but not limited to, regulations— 
"(1) providing for the manner and method of pajnnent and 
collection of the tax imposed by this subchapter, 
"(2) providing for the posting of bonds to secure payment of 
such tax, 
"(3) exempting any transaction or class of transactions from 
such tax where the collection of such tax is not administratively 
practical, and 
"(4) providing for the remittance or mitigation of penalties 
- 
and the settlement or compromise of claims." 
(b) CLERICAL AMENDMENT.—The table of subchapters for chapter 
36 of the Internal Revenue Code of 1954 is amended by inserting the 
following before the item relating to subchapter D: 
"SUBCHAPTER A. Harbor maintenance tax." 
(c) EFFECTIVE DATE.—The amendments made by this section shall 
26 use 4461 
take effect on April 1,1987. 
note. 
*"*' 
SEC. 1403. CREATION OF HARBOR MAINTENANCE TRUST FUND. 
(a) IN GENERAL.—Subchapter A of chapter 98 of the Internal 
Revenue Code of 1954 (relating to establishment of trust funds) is 
amended by adding after section 9504 the following new section: 
26 use 9501 et 
sea. 
"SEC. 9505. HARBOR MAINTENANCE TRUST FUND. 
Ante, p. 2095. 
"(a) CREATION OF TRUST FUND.—There is hereby established in the 
Treasury of the United States a trust fund to be known as the 
'Harbor Maintenance Trust Fund', consisting of such amounts as 
may be— 
"(1) appropriated to the Harbor Maintenance Trust Fund as 
provided in this section, 
"(2) transferred to the Harbor Maintenance Trust Fund by 
the Saint Lawrence Seaway Development Corporation pursuant 
to section 13(a) of the Act of May 13,1954, or 
"(3) credited to the Harbor Maintenance Trust Fund as pro-
vided in section 9602(b). 
26 use 9505. 
100 STAT. 4270 
PUBLIC LAW 99-662—NOV. 17, 1986 
"(b) 
TRANSFER 
TO HARBOR 
MAINTENANCE 
TRUST 
FUND 
OF 
AMOUNTS EQUIVALENT TO CERTAIN TAXES.—There are hereby appro-
priated to the Harbor Maintenance Trust Fund amounts equivalent 
Ante, p. 4266. 
to the taxes received in the Treasury under section 4461 (relating to 
harbor maintenance tax). 
"(c) EXPENDITURES FROM HARBOR MAINTENANCE TRUST FUND.— 
Amounts in the Harbor Maintenance Trust Fund shall be available, 
as provided by appropriation Acts, for making expenditures— 
"(1) to carry out section 210(a) of the Water Resources Devel-
opment Act of 1986 (as in effect on the date of enactment of this 
section), 
"(2) for payments of rebates of tolls or charges pursuant to 
f
. 
section 13(b) of the Act of May 13, 1954 (as in effect on April 1, 
1987), and 
•
; 
"(3) for the payment of all expenses of administration 
incurred— 
"(A) by the Department of the Treasury in administering 
Ante, p. 4266. 
subchapter A of chapter 36 (relating to harbor maintenance 
tax), but not in excess of $5,000,000 for any fiscal year, and 
"(B) for periods during which no fee applies under para-
graph (9) or (10) of section 13031(a) of the Consolidated 
Ante, p. 82. 
Omnibus Budget Reconciliation Act of 1985." 
26 use 4461 
(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 
"0*6 
be appropriated to the Department of the Treasury (from the fees 
collected under paragraphs (9) and (10) of section 13031(a) of the 
Consolidated Omnibus Budget Reconciliation Act of 1985) such sums 
as may be necessary to pay all expenses of administration incurred 
by such Department in administering subchapter A of chapter 36 of 
the Internal Revenue Code of 1954 for periods to which such fees 
apply. 
(c) CLERICAL AMENDMENT.—The table of sections for subchapter A 
of chapter 98 of the Internal Revenue Code of 1954 is amended by 
adding after the item relating to section 9504 the following new 
item: 
"Sec. 9505. Harbor Maintenance Trust Fund." 
26 use 9505 
(d) EFFECTIVE DATE.—The amendments made by this section shall 
note. 
take effect on April 1,1987. 
SEC.1404. INLAND WATERWAYS TAX. 
^ 
-
(a) IN GENERAL.—Subsection O
t
>
) of section 4042 of the Internal 
Revenue Code of 1954 (relating to tax on fuel used in commercial 
26 use 4042. 
transportation on inland waterways) is amended to read as follows: 
Ante, p. 2095. 
"(b) AMOUNT OF TAX.—The tax imposed by subsection (a) shall be 
determined from the following table: 
If the use occurs: 
The tax per gallon is: 
Before 1990 
10 cents 
During 1990 
11 cents 
During 1991 
13 cents 
During 1992 
15 cents 
« 
During 1993 
17 cents 
During 1994 
19 cents 
After 1994 
20 cents." 
(b) FUEL USE ON TENNESSEE-TOMBIGBEE WATERWAY SUBJECT TO 
INLAND WATERWAY TAX.—Section 206 of the Inland Waterways 
33 use 1804. 
Revenue Act of 1978 is amended by adding at the end thereof the 
following: 
PUBLIC LAW 99-662—NOV. 17, 1986 
100 STAT. 4271 
"(27) Tennessee-Tombigbee Waterway: From its confluence 
with the Tennessee River to the Warrior River at Demopolis, 
Alabama." 
(c) EFFECTIVE DATE.—The amendments made by this section shall 
26 use 4042 
take effect on January 1,1987. 
note. 
SEC. 1405. INLAND WATERWAYS TRUST FUND. 
(a) IN GENERAL.—Subchapter A of chapter 98 of the Internal 
Revenue Code of 1954 (relating to establishment of trust funds) is 
amended by adding after section 9505 the following new section: Ante, p. 4269. 
"SEC. 9506. INLAND WATERWAYS TRUST FUND. 
• 
' 
. . : • » ; 
"(a) CREATION OF TRUST FUND.—There is hereby established in the 
Treasury of the United States a trust fund to be known as the 
'Inland Waterways Trust Fund', consisting of such amounts as may 
be appropriated or credited to such Trust Fund as provided in this 
section or section 9602(b). 
26 use 9602. 
"(b) TRANSFER TO TRUST FUND OF AMOUNTS EQUIVALENT TO CER- 26 use 9506. 
TAIN TAXES.—There are hereby appropriated to the Inland Water-
ways Trust Fund amounts equivalent to the taxes received in the 
Treasury under section 4042 (relating to tax on fuel used in commer-
cial transportation on inland waterways). 
"(c) EXPENDITURES FROM TRUST FUND.— 
. 
,,. 
"(1) IN GENERAL.—Except as provided in paragraph (2), 
amounts in the Inland Waterways Trust Fund shall be avail-
able, as provided by appropriation Acts, for making construc-
tion and rehabilitation expenditures for navigation on the 
inland and coastal waterways of the United States described in 
section 206 of the Inland Waterways Revenue Act of 1978, as in 
33 use 1804. 
effect on the date of the enactment of this section. 
"(2) EXCEPTION FOR CERTAIN PROJECTS.—Not more than V2 of 
the cost of any construction to which section 102(a) of the Water 
Resources Development Act of 1986 applies (£is in effect on the 
date of the enactment of this section) may be paid from the 
Inland Waterways Trust Fund." 
(b) CONFORMING AMENDMENTS.—Sections 203 and 
204 
of 
the 
Inland Waterways Revenue Act of 1978 (relating to Inland Water-
ways Trust Fund) are hereby repealed. 
38 use I801, 
(c) CLERICAL AMENDMENT.—The table of sections for subchapter A 1^02. 
of chapter 98 of the Internal Revenue Code of 1954 is amended by 
adding at the end thereof the following new item: 
"Sec. 9506. Inland Waterways Trust Fund." 
(d) EFFECTIVE DATE.— 
26 use 9506 
(1) IN GENERAL.—The amendments made by this section shall 
note. 
take effect on January 1,1987. 
(2) INLAND WATERWAYS TRUST FUND TREATED AS CONTINUATION 
OF O
L
D TRUST FUND.—The Inland Waterways Trust Fund estab-
lished by the amendments made by this section shall be treated 
for all purposes of law as a continuation of the Inland Water-
ways Trust Fund established by section 203 of the Inland Water-
ways Revenue Act of 1978. Any reference in any law to the 
Inland Waterways Trust Fund established by such section 203 
shall be deemed to include (wherever appropriate) a reference to 
the Inland Waterways Trust Fund established by this section. 
100 STAT. 4272 
PUBLIC LAW 99-662—NOV. 17, 1986 
33 u s e 984. 
26 u s e 9505. 
)i'i^ 
33 u s e 988a. 
38 u s e 988. 
Maritime affairs. 
26 u s e 4462. 
33 u s e 984 note. 
33 u s e 988 note, 
eanada. 
26 u s e 4461 
note. 
Taxes. 
SEC. 805. SAINT LAWRENCE SEAWAY EXPENDITURES AND REBATES OF 
TOLLS. 
(a) IN GENERAL.—The Act of May 13,1954 is amended— 
(1) by striking out "and" at the end of paragraph (11) of 
section 4(a), 
(2) by striking out the period at the end of paragraph (12) of 
section 4(a) and inserting in lieu thereof "; and", 
(3) by adding at the end of section 4(a) the following new 
paragraph: 
"(13) shall accept such amounts as may be transferred to the 
Corporation under section 9505(c)(1) of the Internal Revenue 
Code of 1954, except that such amounts shall be available only 
for the purpose of operating and maintaining those works which 
the Corporation is obligated to operate and maintain under 
subsection (a) of section 3 of this Act.", and 
;. .. 
(4) by adding at the end thereof the following new section: 
"REBATE OF CHARGES OR TOLLS 
v 
"SEC. 13. (a) The Corporation shall transfer to the Harbor Mainte-
nance Trust Fund, at such times and under such terms and condi-
tions as the Secretary of the Treasury may prescribe, all revenues 
derived from the collection of charges or tolls established under 
section 12 of this Act. 
"(b)(1) The Corporation shall certify to the Secretary of the Treas-
ury, in such form and at such times as the Secretary of the Treasury 
shall prescribe— 
"(A) the identity of any person who pays a charge or toll to 
the Corporation pursuant to section 12 of this Act with respect 
to a commercial vessel (as defined in section 4462(a)(4) of the 
Internal Revenue Code of 1954), 
"(B) the amount of the toll or charge paid by such person with 
respect to such vessel. 
"(2) Within 30 days of the receipt of a certification described in 
paragraph (1), the Secretary of the Treasury shall rebate, out of the 
Harbor Maintenance Trust Fund, to the person described in para-
graph (1) the amount of the charge or toll paid pursuant to section 
12 of this Act." 
(b) EFFECTIVE DATE.—The amendments made by this section shall 
take effect on April 1,1987. 
SEC. 1406. REPORT ON REDUCTION OR ELIMINATION OF TOLLS ON THE 
GREAT LAKES AND THE SAINT LAWRENCE SEAWAY. 
Not later than 2 years after the date of enactment of this Act, the 
Secretary of State, in consultation with the Secretary of Transpor-
tation, shall initiate discussions with the Government of Canada 
with the objective of reducing or eliminating all tolls on the inter-
national Great Lakes and the Saint Lawrence Seaway, and the 
Secretary of Transportation shall report to the Congress on the 
progress of such discussions and on the economic effects upon 
waterborne commerce in the United States of any proposed reduc-
tion or elimination in tolls. 
SEC. 1407. STUDY OF CARGO JJIVERSION. 
. . . 
(a) INITIAL STUDY.—The Secretary of the Treasury, in consultation 
with United States ports, the Secretary of the Army, the Secretary 
of Transportation, the United States Trade Representative and 
PUBLIC LAW 99-662—NOV. 17, 1986 
100 STAT. 4273 
other appropriate Federal agencies, shall conduct a study to deter-
mine the impact of the port use tax imposed under section 4461(a) of 
the Internal Revenue Code of 1954 on potential diversions of cargo 
Ante, p. 4266. 
from particular United States ports to any port in a country contig-
uous to the United States. The report of the study shall be submitted 
Reports. 
to the Ways and Means Committee of the House of Representatives 
and the Committee on Finance of the United States Senate not later 
than 1 year from the date of the enactment of this Act. 
(b) REVIEW.—The Secretary of the Treasury may, at any time, 
{ 
review and revise the findings of the study conducted pursuant to 
subsection (a) with respect to any United States port (or to any 
transaction or class of transactions at such port). 
(c) IMPLEMENTATION OF FINDINGS.—For purposes of section 
Effective date. ' 
4462(d)(2)(B) of the Internal Revenue Code of 1954, the findings of 
Ante, p. 4266. 
the study or review conducted pursuant to subsections (a) and Qoi) of 
this section shall be effective 60 days after notification to the ports 
concerned. 
Approved November 17, 1986. 
LEGISLATIVE HISTORY—H.R. 6 (H.R. 2494) (S. 1567): 
HOUSE REPORTS: No. 99-111 accompanying H.R. 2494 (Comm. on Public Works and 
Transportation), No. 99-251, Pt. 1 (Comm. on Public Works and 
Transportation), Pt. 2 (Comm. on Interior and Insular Affairs)^ Pt. 
3 (Comm. on Ways and Means), Pt. 4 (Comm. on Merchant Marine 
and Fisheries), and No. 99-1013 (Comm. of Conference). 
SENATE REPORTS: No. 99-126 accompanying S. 1567 (Comm. on Environment and 
Public Works) and No. 99-228 accompanying S. 1567 (Comm. on 
Finance). 
CONGRESSIONAL RECORD: 
Vol. 131 (1985): Nov. 5, 6, 13, considered and passed House. 
Vol. 132 (1986): Mar. 26, considered and passed Senate, amended, in lieu of S. 
1567. 
Oct. 17, House and Senate agreed to conference report.