Water Resources Development Act of 1990
PL 101-640 (S.2740), enacted 11/28/1990

104 STAT. 4604 
PUBLIC LAW 101-640—NOV. 28, 1990 
Public Law 101-640 
101st Congress 
An Act 
To provide for the conservation and development of water and related resources, to 
Nov. 28, 1990 
authorize the United States Army Corps of Engineers civil works program to 
[S. 2740] 
construct various projects for improvements to the Nation's infrastructure, and for 
other purposes. 
Be it enacted by the Senate and House of Representatives of the 
Water Resources United States of America in Congress assembled, 
Development 
Act of 1990. 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
33 use 2201 
(a) SHORT TITLE.—This Act may be cited as the "Water Resources 
note. 
Development Act of 1990". 
(b) TABLE OF CONTENTS.— 
Sec. 1. Short title; table of contents. 
Sec. 2. Secretary defined. 
TITLE I—WATER RESOURCES PROJECTS 
Sec. 101. Project authorizations. 
Sec. 102. Project modifications. 
Sec. 103. Small navigation projects. 
Sec. 104. Small flood control projects. 
Sec. 105. Bay City, Michigan. 
Sec. 106. Delaware River and tributaries, Pennsylvania. 
Sec. 107. Continuation of authorization of certain projects. 
Sec. 108. Hazard, Kentucky. 
Sec. 109. Sauk Lake, Minnesota. 
Sec. 110. Rehabilitation of Federal flood control levees. 
Sec. 111. Belen, New Mexico. 
Sec. 112. Lower Truckee River, Nevada. 
Sec. 113. Arkansas Post Navigation Canal. 
Sec. 114. Struthers, Ohio. 
Sec. 115. Maysville, Kentucky. 
Sec. 116. Studies. 
Sec. 117. Cranston, Rhode Island. 
Sec. 118. Technical assistance for New York Harbor. 
Sec. 119. Project deauthorizations. 
Sec. 120. Half Moon Bay Harbor. 
TITLE II—LAND TRANSFERS 
Sec. 201. Sneads, Florida. 
Sec. 202. Ira D. Maclachlan American Legion Post, Sault Sainte Marie, Michigan. 
Sec. 203. Aberdeen, Washington. 
Sec. 204. Release of reversionary interest to Clay County, Georgia. 
Sec. 205. Conveyance of Oakland Inner Harbor Tidal Canal property to cities of 
Oakland and Alameda, California. 
TITLE III—GENERALLY APPLICABLE PROVISIONS 
Sec. 301. Planning and engineering. 
Sec. 302. Emergency response. 
Sec. 303. Construction of navigation projects by non-Federal interests. 
Sec. 304. Project modifications for improvement of environment. 
Sec. 305. Ability to pay. 
Sec. 306. Environmental protection mission. 
Sec. 307. Wetlands. 
Sec. 308. Flood plain management. 
Sec. 309. Shoreline protection. 
Sec. 310. Reservoir management. 
Sec. 311. Reservoir project operations. 
PUBLIC LAW 101-640—NOV. 28, 1990 
104 STAT. 4605 
Sec. 312. Environmental dredging. 
Sec. 313. Protection of recreational and commercifd uses. 
Sec. 314. Operation and maintenance of hydroelectric facilities. 
Sec. 315. Matters to be addressed in planning. 
Sec. 316. Harbor maintenance trust fund amendment. 
Sec. 317. Single entities. 
Sec. 318. Technical assistance to private entities. 
Sec. 319. Fees for development of State water plans. 
Sec. 320. Cabin site leases. 
Sec. 321. Information on floods and flood damages. 
Sec. 322. Reduced pricing for certain water supply storage. 
TITLE IV—MISCELLANEOUS PROVISIONS 
Sec. 401. Great Lakes remedial action plans. 
Sec. 402. Cross Florida Barge Canal. 
Sec. 403. Wappingers Lake and Lake Gteorge, New York. 
Sec. 404. Demonstration of construction of Federal project by non-Federal interests. 
Sec. 405. Upper Mississippi River plan. 
Sec. 406. Construction of Virgin Islands projects by Secretary of the Army. 
Sec. 407. Virginia Beach, Virginia. 
Sec. 408. Declaration of nonnavigability for portions of Lake Erie. 
Sec. 409. Wetlands enhancement opportunities. 
Sec. 410. Raystown Lake, Pennsylvania. 
Sec. 411. Onondaga Lake, New York. 
Sec. 412. Alternatives to mud dump site for disposal of dredged material. 
Sec. 413. Albemarle Sound-Roanoke River Basin, North Carolina. 
Sec. 414. Rondout Creek and Wallkill River, New York and New Jersey. 
Sec. 415. Regulation of Dworshak Dam, Idaho. 
Sec. 416. Southeast light on Block Island, Rhode Island. 
Sec. 417. Magnetic levitation technology. 
Sec. 418. Riverside, California. 
Sec. 419. Buy American. 
Sec. 420. Sense of Congress. 
Sec. 421. Woodlawn Beach, Hamburg, New York. 
SEC. 2. SECRETARY DEFINED. 
33 USC 2201 
For purposes of this Act, the term "Secretary" means the Sec-
retary of the Army. 
TITLE I—WATER RESOURCES PROJECTS 
SEC. 101. PROJECT AUTHORIZATIONS. 
(a) PROJECTS WITH REPORT OF THE CHIEF OF ENGINEERS.—Except 
as provided in this subsection, the following projects for water 
resources development and conservation and other purposes are 
authorized to be carried out by the Secretary substantially in 
accordance with the plans, and subject to the conditions, rec-
ommended in the respective reports designated in this subsection: 
(1) BAYOU LA BATRE, ALABAMA.—The project for navigation for 
Bayou La Batre, Alabama: Report of the Chief of Engineers, 
dated August 3, 1989, at a total cost of $16,230,000, with an 
estimated first Federal cost of $4,490,000 and an estimated first 
non-Federal cost of $11,740,000. 
(2) HOMER SPIT, ALASKA.—The project for storm damage 
prevention. Homer Spit, Alaska: Report of the Chief of Engi-
neers, dated June 28, 1990, at a total cost of $4,700,000, with an 
estimated first Federal cost of $3,050,000 and an estimated first 
non-Federal cost of $1,650,000, and an average annual cost of 
$242,000 for periodic nourishment over the 50-year life of the 
project, with an estimated annual Federal cost of $157,000 and 
an estimated annusil non-Federal cost of $85,000. 
104 STAT. 4606 
PUBLIC LAW 101-640—NOV. 28, 1990 
Mexico. 
Flood control. 
(3) CLIFTON, SAN FRANCISCO RIVER, ARIZONA.—The project for 
flood control on the San Francisco River at Clifton, Arizona, 
authorized by section 401(d) of the Water Resources Develop-
ment Act of 1986 (100 Stat. 4130), is modified to authorize the 
Secretary to construct the project substantially in accordance 
with the report of the Chief of Engineers, dated September 6, 
1988, at a total cost of $12,510,000, with an estimated first 
Federal cost of $9,150,000 and an estimated first non-Federal 
cost of $3,360,000. 
(4) NOGALES WASH AND TRIBUTARIES, ARIZONA.—The prOJect for 
flood control, Nogales Wash and tributaries, Arizona: Report of 
the Chief of Engineers, dated February 28, 1989, at a total cost 
of $11,100,000, with an estimated first Federal cost of $8,300,000 
and an estimated first non-Federal cost of $2,800,000. The Sec-
retary shall cooperate with the Government of Mexico as nec-
essary to provide for flood warning gauges in Mexico. The 
Secretary may proceed with the portion of the project in the 
United States before an agreement is reached with the Govern-
ment of Mexico with respect to the portion of the project in 
Mexico. 
(5) COYOTE AND BERRYESSA CREEKS, CALIFORNIA.—The project 
for flood control. Coyote and Berryessa Creeks, California: 
Report of the Chief of Engineers, dated February 7, 1989, at a 
total cost of $56,300,000, with an estimated first Federal cost of 
$39,000,000 and an estimated 
first 
non-Federal 
cost of 
$17,300,000. 
(6) OcEANSiDE HARBOR, CALIFORNIA.—The project for naviga-
tion and storm damage reduction, Oceanside Harbor, California: 
Report of the Chief of Engineers, dated May 21, 1990, at a total 
cost of $5,100,000, with an estimated first Federal cost of 
$3,350,000 and an estimated first non-Federal cost of $1,750,000. 
(7) VENTURA HARBOR, CAUFORNIA.—The project for naviga-
tion, Ventura Harbor, California: Report of the Chief of Engi-
neers, dated June 5, 1990, at a total cost of $6,455,000, with an 
estimated first Federal cost of $5,175,000 and an estimated first 
non-Federal cost of $1,280,000. 
(8) MARTIN COUNTY, FLORIDA.—The project for storm damage 
reduction, Martin County, Florida: Report of the Chief of Engi-
neers dated November 20,1989, at a total first cost of $9,400,000, 
with an estimated first Federal cost of $3,850,000 and an esti-
mated first non-Federal cost of $5,550,000, and an average 
annual cost of $472,300 for periodic nourishment over the 50-
year life of the project, with an estimated annual Federal cost of 
$193,600 and an estimated annual non-Federal cost of $278,700. 
(9) MIAMI HARBOR CHANNEL, FLORIDA.—The project for naviga-
tion, Miami Harbor Channel, Florida: Report of the Chief of 
Engineers dated September 25, 1989, at a total cost of 
$67,100,000, with an estimated first Federal cost of $42,810,000 
and an estimated first non-Federal cost of $24,290,000. 
(10) MCALPINE LOCK AND DAM, INDIANA AND KENTUCKY.—The 
project for navigation, McAlpine Lock and Dam, Indiana and 
Kentucky: Report of the Chief of Engineers, dated June 29, 
1990, at a total cost of $219,600,000, with a first Federal cost of 
$219,600,000. The Federal share of costs of construction of the 
project is to be paid one-half from amounts appropriated from 
the general fund of the Treasury and one-half from amounts 
appropriated from the Inland Waterways Trust Fund. 
PUBLIC LAW 101-640—NOV. 28, 1990 
104 STAT. 4607 
(11) FORT WAYNE, ST. MARY'S AND MAUMEE RIVERS, INDIANA.— 
The project for flood control. Fort Wajnie, St. Mary's and 
' 
Maumee Rivers, Indiana: Report of the Chief of Engineers, 
dated May 1, 1989, at a total cost of $35,618,400, with an 
estimated first Federal cost of $26,493,000 and an estimated first 
non-Federal cost of $9,125,400. 
(12) ALOHA-RIGOLETTE, LOUISIANA.—The project for flood con-
trol, Aloha-Rigolette Area, Louisiana: Report of the Chief of 
Engineers dated April 11,1990, at a total cost of $8,283,000, with 
an estimated first Federal cost of $6,212,000 and an estimated 
first non-Federal cost of $2,071,000. 
(13) BOSTON HARBOR, MASSACHUSETTS.—The project for naviga-
tion, Boston Harbor, Massachusetts: Report of the Chief of 
Engineers, dated May 11, 1989, at a total cost of $26,200,000, 
with an estimated first Federal cost of $16,230,000 and an 
estimated first non-Federal cost of $9,970,000. 
(14) ECORSE CREEK, WAYNE COUNTY, MICHIGAN.—The project 
for flood control, Ecorse Creek, Wayne County, Michigan: 
Report of the Chief of Engineers, dated August 8,1989, at a total 
cost of $9,296,000, with an estimated first Federal cost of 
$6,754,000 and an estimated first non-Federal cost of $2,542,000. 
(15) GREAT LAKES CONNECTING CHANNELS AND HARBORS, MICHI-
GAN AND MINNESOTA.—The project for navigation. Great Lakes 
Connecting Channels and Harbors, Michigan and Minnesota: 
Report of the Chief of Engineers, dated January 30, 1990, at a 
total cost of $13,148,400, with an estimated first Federal cost of 
$8,791,700 and an estimated first non-Federal cost of $4,356,700. 
(16) CoLDWATER CREEK, MISSOURI.—The project for flood con-
trol, Coldwater Creek, Missouri: Report of the Chief of Engi-
neers, dated August 9, 1988, at a total cost of $22,829,000, with 
an estimated first Federal cost of $15,496,000 and an estimated 
first non-Federal cost of $7,333,000. 
(17) RIVER DES PERES, MISSOURI.—The project for flood control. 
River Des Peres, Missouri: Report of the Chief of Engineers, 
dated May 23, 1989, at a total cost of $21,318,000, with an 
estimated first Federal cost of $15,846,000 and an estimated first 
non-Federal cost of $5,472,000. 
(18) PASSAIC RIVER MAIN STEM, NEW JERSEY AND NEW YORK.— 
(A) FLOOD CONTROL ELEMENTS.— 
(i) IN GENERAL.—The project for flood control, Peissaic 
River Main Stem, New Jersey and New York: Report of 
the Chief of Engineers, dated February 3, 1989, except 
that the main diversion tunnel shall be extended to 
include the outlet to Newark Bay, New Jersey, at a 
total cost of $1,200,000,000, with an estimated 
first 
' 
Federal cost of $890,000,000 and an estimated first non-
Federal cost of $310,000,000. 
(ii) DESIGN AND CONSTRUCTION.—The Secretary shall 
design and construct the project in accordance with the 
Newark Bay tunnel outlet alternative described in the 
Phase I General Design Memorandum of the District 
Engineer, dated December 1987. The medn diversion 
tunnel shall be extended approximately 6V2 miles to 
outlet in Newark Bay, the 9 levee systems in Bergen, 
East Essex, and Passaic Counties which were associated 
with the eliminated Third River tunnel outlet shall be 
excluded from the project, and no dikes or levees shall 
104 STAT. 4608 
PUBLIC LAW 101-640—NOV. 28, 1990 
Regulations. 
be constructed along the Passaic River in Bergen 
County in connection with the project. With respect to 
the Newark Bay tunnel outlet project, all acquisition, 
use, condemnation, or requirement for parklands or 
properties in connection with the excluded 9 levee 
systems and the eliminated Third River tunnel outlet 
works, and any other acquisition, use or condemnation, 
or requirement for parkland or properties in Bergen 
County in connection with the project, is prohibited. 
The Secretary shall certify to the Committee on Public 
Works and Transportation of the House of Representa-
tives and the Committee on Environment and Public 
Works of the Senate that no detrimental flood impact 
will accrue in Bergen County as a result of the project, 
(iii) 
APPUCABIUTY 
OF COST SHARING.—Except 
as 
otherwise provided in this paragraph, the total project, 
including the extension to Newark Bay, shall be subject 
to cost sharing in accordance with section 103 of the 
Water Resources Development Act of 1986. 
(iv) OPERATION AND MAINTENANCE.—The non-Federal 
sponsor shall maintain and operate the project after its 
completion in accordance with the regulations pre-
scribed by the Secretary; except that the Secretary 
shall perform all measures to ensure integrity of the 
tunnel, including staffing of operation centers, cleaning 
and periodically inspecting the tunnel structure, and 
testing and assuring the effectiveness of mechanical 
equipment at gated structures and pump stations. 
(v) CREDIT FOR NON-FEDERAL WORK.—In recognition of 
the State of New Jersey's commitment to the project on 
June 28, 1984, all work completed after such date by 
the State or other non-Federal interests which is either 
compatible with or complementary to the project shall 
be considered as part of the project and shall be cred-
ited by the Secretary toward the non-Federal share of 
the cost of the project. Such work shall include, but not 
be limited to, those activities specified in the letter of 
the New Jersey Department of Environmental Protec-
tion, dated December 9, 1988, to the Office of the Chief 
of Engineers. However, only the portion of such work 
that meets the guidelines established under section 104 
of the Water Resources Development Act of 1986 shall 
be considered as project costs for economic purposes. In 
applying such section 104 to the project, the Secretary 
shall likewise consider work carried out by non-Federal 
interests after June 28, 1984, and before the date of the 
enactment of this Act that otherwise meets the require-
ments of such section 104. 
(B) 
STREAMBANK RESTORATION MEASURES.—The project 
shall include the construction of environmental and other 
streambank restoration measures (including bulkheads, 
recreation, greenbelt, and scenic overlook facilities) on the 
west bank of the Passaic River between Bridge and Jackson 
Streets in the city of Newark, New Jersey, at a total cost of 
$6,000,000. The non-Federal share of the project element 
authorized by this subparagraph shall be 25 percent. The 
value of the lands, easements, and rights-of-way provided 
PUBLIC LAW 101-640—NOV. 28, 1990 
104 STAT. 4609 
by non-Federal interests shall be credited to the non-Fed-
eral share. Construction of the project element authorized 
by this subparagraph may be undertaken in advance of the 
other project features and shall not await implementation 
of the overall project. 
(C) WETLANDS BANK.— 
(i) PURPOSES.—The purposes of this subparagraph are 
to evEduate and demonstrate, for application on a na-
tional basis, the feasibility of and methods of obtaining 
an interim goal of no overall net loss of the Nation's 
remaining wetlands base and a long-term goal to in-
crease the quality and quantity of the Nation's wet-
lands; of restoring and creating wetlands; of developing 
public and private initiatives to search out opportuni-
ties of restoring, preserving, and enhancing wetlands; 
and of improving understanding of the function of 
wetlands ecosystems in order to improve the effective-
ness of the Nation's wetlands program, including 
evaluating the functions and values of wetlands, assess-
ing cumulative impacts and the effectiveness of protec-
tion programs, and wetlands restoration and creation 
techniques. 
(ii) EsTABUSHMENT.—The State of New Jersey shall 
establish a Passaic River Central Basin Wetlands Bank 
(hereinafter in this paragraph referred to as the "Wet-
lands Bank") to be comprised of lands which are ac-
quired before, on, or after the date of the enactment of 
this Act by the State or any other non-Federal interest 
and which lie within the Passaic River Central Basin, 
New Jersey, natural storage area discussed in the 
report of the Chief Engineers and the Phase I General 
Design Memorandum. 
(iii) USE.—The Wetlands Bank shall be available for 
mitigation purposes required under Federal or State 
law with respect to non-Federal activities carried out in 
the State. 
(iv) COMPENSATION.—The State may receive com-
pensation for making lands available under clause (iii). 
(v) STATE OWNERSHIP AND OPERATION.—The State 
shall continue to own and operate, consistent with the 
purposes of the project authorized by this paragraph, 
lands made available for mitigation purposes under 
clause (iii). 
(vi) ACQUISITION OF ADDITIONAL LANDS.—The State or 
other non-Federal interests may acquire for the Wet-
lands Bank additional lands which are in, adjacent to, 
or provide drainage for runoff and streamflows into the 
storage area described in clause (ii) and may use funds 
provided by sources other than the State for such 
purpose. Such lands shedl include transition and buffer 
areas adjacent to the Central Basin natural storage 
wetlands and other Passaic River Basin areas, includ-
ing the Rockaway, Pequannock, Ramapo, and Wanaque 
River watershed areas. 
(vii) CREDIT.—The fair market value of lands ac-
quired by the State or other non-Federal interests in 
the storage area described in clause (ii) before, on, or 
104 STAT. 4610 
PUBLIC LAW 101-640—NOV. 28, 1990 
after the date of the enactment of this Act, the fair 
market value of lands acquired for the Wetlands Bank 
under clause (vi) before, on, or after such date of enact-
ment, and the costs incurred by the State or other non-
Federal interests in converting any of such lands to 
wetlands shall be credited to the non-Federal share of 
the cost of the project authorized by this paragraph. 
(viii) TREATMENT OF ACQUIRED LANDS.—Lands ac-
quired by the State for the Wetlands Bank shall not be 
treated as a project cost for purposes of economic 
evaluation of the project. 
(ix) 
EFFECT 
ON 
OTHER 
LAWS.—Nothing in 
this 
subparagraph shall be construed as affecting any 
requirements under section 404 of the Federal Water 
Pollution Control Act (33 U.S.C. 1344) or section 10 of 
the Act of March 3,1899 (33 U.S.C. 403). 
(19) RIO DE LA PLATA, PUERTO RICO.—The project for flood 
control, Rio De La Plata, Puerto Rico: Report of the Chief of 
Engineers, dated January 3, 1989, at a total cost of $58,968,000, 
with an estimated first Federal cost of $35,900,000 and an 
estimated first non-Federal cost of $23,068,000. 
(20) MYRTLE BEACH, SOUTH CAROLINA.—The project for storm 
damage reduction. Myrtle Beach, South Carolina: Report of the 
Chief of Engineers, dated March 2, 1989, at a total cost of 
$59,730,000, with an estimated first Federal cost of $38,820,000 
and an estimated first non-Federal cost of $20,910,000, and an 
average annual cost of $1,215,000 for period nourishment over 
the 50-year life of the project, with an estimated annual Federal 
cost of $790,000 and an estimated annual non-Federal cost of 
$425,000. 
(21) BUFFALO BAYOU AND TRIBUTARIES, TEXAS.—The project for 
flood control, Buffalo Bayou and tributaries, Texas: Report of 
the Chief of Engineers, dated February 12, 1990, at a total cost 
of $727,364,000, with an estimated first Federal cost of 
$403,359,500 and an estimated 
first 
non-Federal cost of 
$324,004,500. 
(22) RAY ROBERTS LAKE, GREENBELT, TEXAS.—The multiple pur-
pose project, Ray Roberts Lake, Greenbelt, Texas, authorized by 
section 301 of the Rivers and Harbors Act of 1965, is modified to 
authorize the Secretary to construct recreation 
features 
substantially in accordance with the Report of the Chief of 
Engineers, dated December 24,1987, at a total cost of $8,503,000, 
with an estimated first Federal cost of $3,189,000 and an esti-
mated first non-Federal cost of $5,314,000. 
(23) UPPER JORDAN RIVER, UTAH.—The project for flood con-
trol. Upper Jordan River, Utah: Report of the Chief of Engi-
neers, dated November 16, 1988, at a total cost of $7,900,000, 
with an estimated first Federal cost of $5,200,000 and an esti-
mated first non-Federal cost of $2,700,000. 
(24) BuENA VISTA, VIRGINIA.—The project for flood control, 
Buena Vista, Virginia: Report of the Chief of Engineers, dated 
June 27, 1990, at a total cost of $55,100,000, with an estimated 
first Federal cost of $41,300,000 and an estimated first non-
Federal cost of $13,800,000. 
(25) MOOREFIELD, WEST VIRGINIA.—The project for flood con-
trol, Moorefield, West Virginia: Report of the Chief of Engi-
neers, dated July 23, 1990, at a total cost of $16,260,000, with an 
PUBLIC LAW 101-640—NOV. 28, 1990 
104 STAT. 4611 
estimated first Federal cost of $11,675,000 and an estimated first 
non-Federal cost of $4,585,000. 
(26) PETERSBURG, WEST VIRGINIA.—The project for flood con-
trol, Petersburg, West Virginia: Report of the Chief of Engi-
neers, dated June 29,1990, at a total cost of $17,904,000, with an 
estimated first Federal cost of $10,044,000 and an estimated first 
non-Federal cost of $7,860,000. 
0)) PROJECT SUBJECT TO FAVORABLE REPORT OF THE CHIEF OF 
ENGINEERS.—The project for flood control, Los Angeles County 
Drainage Area, California, at a total cost of $327,000,000, with an 
estimated first Federal cost of $163,500,000 and an estimated first 
non-Federal cost of $163,500,000, 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. No construction on the project may be initiated until 
such a report of the Chief of Engineers is issued and approved by the 
Secretary. 
SEC. 102. PROJECT MODIFICATIONS. 
(a) VILLAGE CREEK, ALABAMA.—The project for flood control. Vil-
lage Creek, Alabama, authorized by section 401 of the Water Re-
sources Development Act of 1986 (100 Stat. 4111), is modified to 
authorize the Secretary to acquire private vacant lands within the 
definite project boundaries established in the Real Estate Design 
Memorandum, dated March 4, 1988, as a nonstructural element of 
the project. 
(b) KoDiAK HARBOR, ALASKA.—The project for navigation, Kodiak 
Harbor, Alaska, authorized by section 202(a) of the Water Resources 
Development Act of 1986 (100 Stat. 4091), is modified to authorize 
the Secretary to construct the project at a total cost of $25,000,000, 
with an estimated first Federal cost of $22,500,000 and an estimated 
first non-Federal cost of $2,500,000. 
(c) Los ANGELES AND LONG BEACH HARBORS, SAN PEDRO BAY, 
CAUFORNIA.—Section 4(d) of the Water Resources Development Act 
of 1988 (102 Stat. 4015) is amended by inserting after "approved by 
the Secretary" in the first sentence the following: "or which is 
carried out after approval of the final report by the Secretary and 
which is determined by the Secretary to be compatible with the 
project". 
(d) SACRAMENTO DEEP WATER SHIP CHANNEL, CAUFORNIA.—The 
project for navigation, Sacramento Deep Water Ship Channel, 
California, authorized by section 202(a) of the Water Resources 
Development Act of 1986 (100 Stat. 4092), is modified to direct the 
Secretary, if requested by a non-Federal sponsor, to enforce, on a 
reimbursable basis, the terms of any permit issued by the Secretary 
under section 10 of the Act of March 3,1899 (30 Stat. 1151; 33 U.S.C. 
403), commonly known as the Rivers and Harbors Appropriations 
Act of 1899, to compel the relocation of any utility necessitated by 
the construction of such project. 
(e) SANTA ANA MAINSTEM, CAUFORNIA.—The project for fiood 
control, Santa Ana Mainstem, including Santiago Creek, California, 
authorized by section 401(a) of the Water Resources Development 
Act of 1986 (100 Stat. 4113), is modified to authorize the Secretary to 
develop recreational traiLs and facilities on lands between Seven 
Oaks Dam and Prado Dam, including fiood plain management 
areas. 
104 STAT. 4612 
PUBLIC LAW 101-640—NOV. 28, 1990 
(f) SAN LUIS REY RIVER, CAUFORNIA.—The project for flood con-
trol, San Luis Rey River, California, authorized pursuant to section 
201 of the Flood Control Act of 1965 (42 U.S.C. 1962d-5), is modified 
to authorize the Secretary to construct the project at a total cost of 
$60,400,000, with an estimated first Federal cost of $45,100,000 and 
an estimated first non-Federal cost of $15,300,000. 
Bridges. 
(g) DELAWARE RiVER T
O CHESAPEAKE BAY, DELAWARE AND MARY-
LAND.—The project for navigation, inland waterway from the Dela-
ware River to the Chesapeake Bay, Delaware and Maryland, 
authorized by the first section of the Act of August 30, 1935 (49 Stat. 
1030), and modified by the Act entitled "An Act authorizing 
construction of a highway bridge across the Chesapeake and Dela-
ware Canal at Saint Georges, Delaware", approved August 7, 1939 
(53 Stat. 1240-1241), is modified to direct the Secretary to replace 
the highway bridge on United States Route 13 in the vicinity of St. 
Georges, Delaware, to meet current and projected traffic needs, at a 
Federal cost of $115,000,000. The State may carry out the bridge 
replacement. If the State carries out the bridge replacement, the 
Secretary may reimburse the State for costs incurred, 
(h) ALAFIA CHANNEL, FLORIDA.— 
(1) PROJECT DEPTH.—The project for navigation, Tampa 
Harbor, Florida, authorized by section 4 of the Rivers and 
Harbors Act of September 22,1922 (42 Stat. 1042), is modified to 
authorize the Secretary to maintain the Alafia Channel at a 
depth of 34 feet if the non-Federal sponsor dredges the channel 
to such depth; except that the non-Federal sponsor shall re-
imburse the United States for the incremental costs incurred by 
the Secretary in maintaining the channel at a depth greater 
than 30 feet. 
(2) MAINTENANCE.—Nothing in this subsection shall be con-
strued as affecting the Federal responsibility for maintenance of 
the Alafia Channel to a depth of 30 feet. 
(i) FERNANDINA HARBOR, FLORIDA.—The project for navigation, 
Fernandina Harbor, Florida, authorized by the River and Harbor 
21 Stat. 180. 
Appropriation Act of June 14, 1880, is modified to redesignate the 
location of the turning basin between stations 0+00 of cut 8 and 
5+45 of cut 10 to the area between stations 11+70 and 23+30 of cut 
5. Such redesignation shall remsiin in effect until the ongoing study 
of Fernandina Harbor under section 107 of the River and Harbor 
Act of 1960 is completed and the resulting project is constructed. 
(j) MANATEE HARBOR, FLORIDA.—The project for navigation. Mana-
tee Harbor, Florida, authorized by section 202(a) of the Water 
Resources Development Act of 1986 (100 Stat. 4093), is modified to 
direct the Secretary to construct the project substantially in accord-
ance with the post authorization change report, dated April 1990, at 
an estimated total cost of $27,589,000, with an estimated first Fed-
eral cost of $12,381,000 and an estimated first non-Federal cost of 
$15,208,000. 
(k) ALENAIO STREAM, HAWAII.—The project for flood control, 
Alenaio Stream, Hawaii, authorized by section 401(a) of the Water 
Resources Development Act of 1986 (100 Stat. 4114), is modified to 
authorize the Secretary to construct the project substantially in 
accordance with the report of the Chief of Engineers, dated 
August 15, 1983, as modified by the General Design Memorandum 
and Environmental Assessment, dated March 1990, at a total cost of 
$12,060,000, with an estimated first Federal cost of $7,730,000 and an 
estimated first non-Federal cost of $4,330,000. 
PUBLIC LAW 101-640—NOV. 28, 1990 
104 STAT. 4613 
Recreation and 
recreation areas. 
(1) LOCKS AND DAM 26, MISSISSIPPI RIVER, ALTON, ILLINOIS AND 
MISSOURI.—The navigation project for replacement of locks and dam 
26, Mississippi River, Alton, Illinois and Missouri, authorized by 
section 102 of Public Law 95-502, is modified to authorize the 92 Stat. 1695. 
Secretary to provide project-related recreational development in the 
State of Illinois, that requires no separable project lands and in-
cludes site preparations and infrastructure for a marina and dock-
ing facilities, access roads and parking, a boat launching ramp, 
hiking trails, and picnicking facilities, at a Federal construction cost 
that will not increase the overall project cost estimate for rec-
reational development. The recreational development shall be sub-
ject to cost-sharing with the State of Illinois. 
(m) FALLS OF THE OHIO NATIONAL WILDUFE CONSERVATION AREA, 
INDIANA.—The Falls of the Ohio National Wildlife Conservation 
Area, Indiana, authorized by title II of Public Law 97-137, is modi-
fied to authorize the Secretary to design and construct an interpre-
tive center for such area, at a total cost of $3,200,000, with an 
estimated first Federal cost of $1,600,000 and an estimated first non-
Federal cost of $1,600,000. 
(n) DES MOINES RIVER AND GREENBELT, IOWA.— 
(1) AREA DESCRIPTION.—The project for Des Moines Rec-
reational River and Greenbelt, Iowa, authorized by the Supple-
mental Appropriations Act, 1985 (99 Stat. 313), is modified to 
include the area described in the Des Moines Recreational River 
and Greenbelt map, which description is printed in Committee 
Print 101-47 of the Committee on Public Works and Transpor-
tation of the House of Representatives, dated July 1990. 
(2) FORMER AREA DESCRIPTION.—Section 604 of the Water Re- Repeal, 
sources Development Act of 1986 (100 Stat. 4153) is repealed. 
(o) SOUTH FRANKFORT, KENTUCKY.—The project for flood protec-
tion for the Ohio River Basin, authorized by section 4 of the Flood 
Control Act of June 28, 1938 (52 Stat. 1217), is modified to direct the 
Secretary, subject to section 903(c) of the Water Resources Develop-
ment Act of 1986, to carry out a project for flood protection for South 
Frankfort, Kentucky, in accordance with plan R-1 of the Louisville 
District Commander's Re-evaluation Report, dated June 1990. The 
level of protection shall be no less than that afforded North Frank-
fort, Kentucky. In addition, the Secretary shall execute a local Cooperative 
cooperation agreement for the project for South Frankfort not later agreements, 
than October 1991. 
(p) RED RIVER WATERWAY, LOUISIANA.—The project for mitigation 
of fish and wildlife losses, Red River Waterway, Louisiana, au-
thorized by section 601(a) of the Water Resources Development Act 
of 1986 (100 Stat. 4142), is modified to authorize the Secretary to 
acquire an additional 12,000 acres adjacent to or close to the Bayou 
Bodcau Wildlife Management Area, 
(q) CROOKED AND INDIAN RIVERS, MICHIGAN.— 
(1) NON-FEDERAL OPERATION AND MAINTENANCE.—The naviga-
tion project for the Crooked and Indian Rivers, Michigan, 
authorized by the Act entitled "An Act authorizing the 
construction, repair, and preservation of certain public works 
on rivers and harbors for navigation, flood control, and for other 
purposes", approved September 3, 1954 (68 Stat. 1248), is modi-
fied to authorize the Secretary to enter into agreements with 
the State of Michigan and other non-Federal interests in such 
State to make operation and maintenance of such project a non-
Federal responsibility. 
104 STAT. 4614 
PUBLIC LAW 101-640—NOV. 28, 1990 
(2) TERMS AND CONDITIONS.—The agreements referred to in 
paragraph (1) may— 
(A) contain such terms and conditions as the Secretary 
determines to be necessary to protect the interests of the 
United States; and 
(B) require the Secretary to make payments to the State 
of Michigan to cover the costs of operation, maintenance, 
and repair of such project for lake level regulation and 
other flood control purposes, including payments made in 
advance of such costs being incurred by the State. 
(3) NON-FEDERAL IMPOSITION OF TOLLS.—Notwithstanding sec-
tion 4 of the Act entitled "An Act making appropriations for the 
construction, repair, and preservation of certain public works 
on rivers and harbors, and for other purposes", approved July 5, 
1884 (33 U.S.C. 5; 23 Stat. 147), during any period in which a 
non-Federal interest is responsible for operation and mainte-
nance of the project described in paragraph (1), the non-Federal 
interest may impose upon boats and other watercraft using the 
project such tolls, operating charges, and other fees as may be 
necessary to pay the costs incurred by the non-Federal interest 
in connection with such projects which are not covered by 
payments made by the Secretary under this subsection. 
(r) ROUGE RIVER, MICHIGAN.—The multipurpose project at Rouge 
River, Michigan, authorized by the Act of August 30, 1935 (49 Stat. 
1036-1037), is modified to authorize and direct the Secretary, in 
consultation with appropriate State and local agencies, to conduct a 
1-year comprehensive study of the Rouge River streamflow enhance-
ment project at the Rouge River, Huron River, and Belleville Lake 
for the purpose of identifying measures which will optimize achieve-
ment of the project's purposes while preserving and enhancing the 
quality of the Rouge River, Huron River, and Belleville Lake for 
current and future users. Upon completion of the study, the Sec-
retary is authorized to provide, on a reimbursable basis, technical 
assistance in the implementation of measures identified in such 
study. 
(s) MISSISSIPPI RIVER, ST. PAUL, MINNESOTA.—The project for flood 
control, Mississippi River at St. Paul, Minnesota, authorized by 
section 401(a) of the Water Resources Development Act of 1986 (100 
Stat. 4118), is modified to authorize the Secretary to construct the 
project substantially in accordance with the Design Memorandum, 
dated March 1990, and the Recreational Supplement, dated April 
1990, at a total cost of $18,021,000, with an estimated first cost of 
$10,226,000 and an estimated first non-Federal cost of $7,795,000. 
(t) BRUSH CREEK AND TRIBUTARIES, MISSOURI AND KANSAS.—The 
project for flood control, Brush Creek and tributaries, Missouri and 
Kansas, authorized by section 401(a) of the Water Resources Devel-
opment Act of 1986 (100 Stat. 4168), is modified to authorize the 
Secretary to construct the project substantially in accordance with 
the Post Authorization Change Report, dated April 1969, as revised 
in January 1990, at a total cost of $26,200,000, with an estimated 
first Federal cost of $16,090,000 and an estimated first non-Federal 
cost of $10,110,000. 
Real property 
(u) MISSOURI RiVER B E T W E E N FORT PECK D A M , MONTANA, AND 
acquisition. 
GAVINS POINT DAM, SOUTH DAKOTA AND NEBRASKA.—Section 9 of 
the Act entitled "An Act authorizing the construction of certain 
public works on rivers and harbors for flood control, and for other 
purposes", approved December 22, 1944 (58 Stat. 891), is amended by 
PUBLIC LAW 101-640—NOV. 28, 1990 
104 STAT. 4615 
inserting "acquisition of real property and associated improvements 
(from willing sellers), and monetary compensation to affected land-
owners" after "including maintenance and rehabilitation of existing 
structures,". 
(v) NEW YORK HARBOR DRIFT REMOVAL PROJECT, NEW YORK AND 
NEW JERSEY.— 
(1) REMOVAL OF FLOATING MATERIAL.—The New York Harbor 
collection and removal of drift project, authorized by section 2 of 
the Act entitled "An Act making appropriations for the 
construction, repair, and preservation of certain public works 
on rivers and harbors, and for other purposes", approved 
March 4, 1915 (38 Stat. 1051), and section 91 of the Water 
Resources Development Act of 1974 (88 Stat. 39), is modified to 
authorize the Secretary to collect and remove floating material 
whenever the Secretary is collecting and removing debris which 
is an obstruction to navigation. 
(2) CONTINUATION.—The Secretary shall continue engineer-
ing, design, and construction on the New York Harbor collec-
tion and removal of drift project, including construction of the 
2nd phase in the Jersey City North reach which shall include 
remaining piers and debris in the Harsimus Cove area, 
construction of the Brooklyn II reach, and engineering and 
design for the remaining unconstructed reaches. 
(3) BARGE REMOVAL.—As part of the New York Harbor collec-
tion and removal of drift project, the Secretary shall expedite 
necessary engineering, design, and removal of 7 abandoned 
barges from the Passaic River in Kearny, Nutley, and Passaic, 
New Jersey. 
(4) PROHIBITION OF BURNING OF WOOD.— 
(A) GENERAL RULE.—The New York Harbor collection and 
removal of drift project referred to in paragraph (1), includ-
ing construction described in paragraph (2), is further modi-
fied to provide (i) that after December 31, 1990, material 
collected by the Secretary in carrying out the project may 
be disposed of only as provided in subparagraph (D), and (ii) 
that no later than December 31, 1993, the Administrator 
shall prohibit the burning of wood collected in carrying out 
the project on ocean waters. 
(B) DEMONSTRATION OF ALTERNATIVES.— 
(i) SURVEY.—The Secretary shall conduct a survey of 
potential acceptable alternative methods to the burn-
ing of wood on ocean waters which could be used for 
disposal of wood collected in carrying out the project. 
(ii) GOAL.—Methods of disposal identified in the 
survey shall be demonstrated in accordance with 
subparagraph (D), with the goal of arriving at an 
implementable acceptable alternative method at the 
earliest practicable date. 
(C) REPORT TO CONGRESS.—The Secretary shall report to 
the Committee on Public Works and Transportation of the 
House of Representatives, the Committee on Environment 
and Public Works of the Senate, and the Committee on 
Merchant Marine and Fisheries of the House of Representa-
tives by February 1, 1991, by January 1, 1992, and, if an 
implementable acceptable alternative method is not identi-
fied under this paragraph, by January 1, 1993, on the 
progress being made toward achieving an early end to the 
39-194 0 - 9 1 
QL 3 Part 6 
104 STAT. 4616 
PUBLIC LAW 101-640—NOV. 28, 1990 
Regulations. 
Federal 
Register, 
publication. 
practice of burning of wood on ocean waters. Each of such 
reports shall describe specific methods and strategies and 
the results of the demonstration of those methods, specify a 
date by which an acceptable alternative method or methods 
is likely to be implementable, and include an estimate of 
the volume of wood collected in carrying out the project to 
be disposed of in calendar year 1991, 1992, or 1993, as the 
case may be. A final report shall be issued no later than 
December 31,1993. 
(D) DISPOSAL OF WOOD.—Effective January 1, 1991, and 
until December 31, 1993, at least half of the volume of wood 
estimated by the Secretary under subparagraph (C) to be 
collected in carrying out the project each year shall be 
disposed so as to demonstrate alternative methods of dis-
posal. If bids received for sdternative methods are substan-
tially greater in cost than the cost of disposal by burning on 
ocean waters, the Secretary shall dispose of no more than 
half of the estimated volume at the lesser cost; except that, 
if a bid received for an alternative method is not substan-
tially greater than the cost of disposal by burning on ocean 
waters, the Secretary shall select the alternative method. 
(E) EPA PERMIT FOR DISPOSAL ON OCEAN WATERS.—The 
Administrator shall continue to issue permits for the dis-
posal of wood collected in carrying out the project by burn-
ing on ocean waters until December 31, 1993, and shall 
designate an interim site for such disposal. If an acceptable 
alternative method for disposal of wood is determined to be 
implementable under subparagraph (F), the Administrator 
shall prohibit the burning of such wood at a date earlier 
than December 31,1993. 
(F) 
IMPLEMENTABLE 
ACCEPTABLE 
ALTERNATIVE.—The 
Administrator shall, by regulation, end the permitting of 
the disposal of wood collected in carrying out the project by 
burning on ocean waters at such time as one or more 
alternative methods of disposal are determined to be accept-
able alternative methods and implementable by the Re-
gional Administrator for Region II of the Environmental 
Protection Agency, the District Engineer for the New York 
District, the State of New Jersey, and the State of New 
York. Such determination shall be published in the Federal 
Register 5 working days after the date of such determina-
tion. 
(G) DEFINITIONS.—For purposes of this paragraph, the 
following definitions apply: 
(i) ACCEPTABLE ALTERNATIVE METHOD.—The 
term 
"acceptable alternative method" means a method of 
disposal of wood other than burning on ocean waters 
that is both environmentally appropriate and economi-
cally feasible. 
(ii) 
ADMINISTRATOR.—The 
term 
"Administrator" 
means the Administrator of the Environmentel Protec-
tion Agency, 
(w) HARSHA LAKE, OHIO.— 
(1) PROJECT MODIFICATION.—The project for flood control, 
water supply, and recreation, Harsha Lake, Ohio, authorized by 
section 4 of the Flood Control Act of June 28, 1938 (52 Stat. 
1217), is modified to provide that, if the State of Ohio does not 
PUBLIC LAW 101-640—NOV. 28, 1990 
104 STAT. 4617 
enter into a contract before October 1, 1991, with the Clermont 
County Board of Commissioners for the delivery of not less than 
20,000,000 gallons of water a day from water supply storage 
assigned to the State of Ohio from the project, water supply 
storage from the project sufficient to yield 20,000,000 gallons of 
water a day shall be reassigned to the Board. 
(2) REIMBURSEMENT.—Upon a reassignment of water supply 
storage under paragraph (1), the Clermont County Board of 
Commissioners shall reimburse the State of Ohio for a propor-
tionate share of amounts previously paid by the State to the 
Secretary for costs which are attributable to water supply 
storage which has been so reassigned. 
(x) WEST COLUMBUS, OHIO.—The project for flood control, West 
Columbus, Ohio, authorized by section 3(a)(ll) of the Water Re-
sources Development Act of 1988 (102 Stat. 4014), is modified to 
authorize the Secretary to construct the project substantially in 
accordance with the report of the Chief of Engineers, dated Feb-
ruary 9, 1988, as modified by the Phase II West Columbus Local 
Protection Project Re-evaluation Report, dated May 1990, at a total 
cost of $89,600,000, with an estimated first Federal cost of 
$63,700,000 and an estimated first non-Federal cost of $25,900,000. 
(y) CANTON LAKE, OKLAHOMA.—The second paragraph under the 
heading "ARKANSAS RIVER BASIN" in section 10 of the Flood Control 
Act of 1946 (60 Stat. 647), as amended by the first paragraph under 
the heading "ARKANSAS RIVER BASIN" in section 203 of the Flood 
Control Act of 1948 (62 Stat. 1176), is amended— 
(1) by striking "Enid, Oklahoma" and inserting "Oklahoma 
Oklahoma. 
City, Oklahoma'; and 
(2) by adding at the end the following: "Not later than 180 
days after the date of the enactment of the Water Resources 
Development Act of 1990, the Secretary of the Army is directed 
(subject to agreement between the city of Oklahoma City, Okla-
homa, or the Oklahoma City Municipal Improvement Authority 
and the city of Enid, Oklahoma, providing for such reassign-
ment) to reassign to the city of Oklahoma City all the municipal 
and industrial storage in the Canton Reservoir for the city of 
Enid and all irrigation storage to municipal and industrial 
water supply storage (under the terms of the Water Supply Act 
of 1958 (72 Stat. 319-320)).". 
(z) ROCHESTER, PENNSYLVANIA.—The project for navigation on the 
Ohio River at Rochester, Pennsylvania, authorized by section 13 of 
the River and Harbor Act of 1909 (35 Stat. 831), is modified to 
authorize the Secretary to construct safety facilities of a floating 
dock, a river access ramp, and roadway and parking areas at a total 
cost of $90,000. 
(aa) COOPER LAKE AND CHANNELS, TEXAS.—The project for mitiga-
tion of fish and wildlife resource losses. Cooper Lake and Channels, 
Texas, authorized by section 601 of the Water Resources Develop-
ment Act of 1986 (100 Stat. 4145), is modified to authorize the 
Secretary to construct the project substantially in accordance with 
the Post Authorization Change Notification Report, dated April 
1990, at a total cost of $22,500,000, with an estimated first Federal 
cost of $12,400,000 and an estimated first non-Federal cost of 
$10,100,000. 
(bb) DENISON, TEXAS.—The Act entitled "An Act to authorize the 
utilization of a limited amount of storage space in Lake Texoma for 
the purpose of water supply for the city of Denison, Texas", ap-
104 STAT. 4618 
PUBLIC LAW 101-640—NOV. 28, 1990 
proved August 14, 1953 (67 Stat. 583), is amended by striking "in an 
amount not to exceed 13,000 acre-feet annually". 
(cc) ROANOKE RIVER UPPER BASIN, VIRGINIA.—The flood control 
project for Roanoke River Upper Basin, Virginia, is modified— 
(1) to provide that, notwithstanding section 215 of the Flood 
Control Act of 1968 (82 Stat. 747), work completed by non-
Federal interests on flood protection measures at Roanoke 
Memorial Hospital shall be credited toward the non-Federal 
share of the cost of the project; and 
(2) to direct the Secretary, notwithstanding such section 215, 
to reimburse the non-Federal sponsor $700,000, an amount 
equal to the Federal share of the costs of such work completed 
by the non-Federal interests, which may be applied to the non-
Federal share of the cost of the project. 
(dd) MCNARY LOCK AND DAM, WASHINGTON AND OREGON.—The 
project for McNary Lock and Dam, Second Powerhouse, Columbia 
River, Washington and Oregon, authorized by section 601(a) of the 
Water Resources Development Act of 1986 (100 Stat. 4146), is modi-
fied to direct the Secretary to construct the levee beautification 
portion of the project described in the Phase I General Design 
Memorandum: Report of the Chief of Engineers, dated June 24, 
1981. In determining the new levee heights, the Secretary shall 
complete the feasibility studies underway for the Tri-Cities Levees, 
Washington, giving full consideration to the impact that present 
upstream reservoir storage has had in lowering water surface ele-
vations during major floods. 
(ee) WISCONSIN AND FOX RIVERS, WISCONSIN.— 
(1) NON-FEDERAL OPERATION AND MAINTENANCE.—The naviga-
tion project for the Wisconsin and Fox Rivers, Wisconsin, au-
thorized to be acquired pursuant to the Act entitled "An Act for 
the Improvement of Water Clommunication between the Mis-
sissippi River and Lake Michigan, by the Wisconsin and Fox 
Rivers", approved July 7, 1870 (16 Stat. 189), is modified to 
authorize the Secretary to enter into agreements with the State 
of Wisconsin and other non-Federal interests in such State to 
make operation and maintenance of such project a non-Federal 
responsibility. 
(2) NON-FEDERAL IMPOSITION OF TOLLS.—Notwithstanding sec-
tion 4 of the Act entitled "An Act making appropriations for the 
construction, repair, and preservation of certain public works 
on rivers and harbors, and for other purposes", approved July 5, 
1884 (33 U.S.C. 5; 23 Stat. 147), during any period in which a 
non-Federal interest is responsible for operation, maintenance, 
and repair of the project described in paragraph (1), the non-
Federal interest may impose upon boats and other watercraft 
using the project such tolls, operating charges, and other fees as 
may be necessary to pay the costs incurred by the non-Federal 
interest in connection with the project. 
SEC. 103. SMALL NAVIGATION PROJECTS. 
The Secretary shall conduct a study for each of the following 
projects and, after completion of such study, shall carry out the 
project under section 107 of the River and Harbor Act of 1960 (33 
U.S.C. 577): 
(1) BOLLES HARBOR, MICHIGAN.—A navigation project at the 
mouth of the LaPliasance Creek, Bolles Harbor, Michigan, by 
construction of an offshore barrier. 
PUBLIC LAW 101-640—NOV. 28, 1990 
104 STAT. 4619 
(2) WARROAD HARBOR, MINNESOTA.—A navigation project to 
dredge the navigation channel and adjacent basin at Warroad 
Harbor, Minnesota. The project shall be undertaken to provide Marine safety. 
safe boating access and egress and to upgrade existing retaining 
walls. 
(3) BUFFALO, NEW YORK.—A navigation project south of the 
existing dike disposal area in Buffalo, New York, by construc-
tion of a breakwater, fishing pier, and floating docks. 
(4) ROCHESTER, NEW YORK.—A navigation project for the 
mouth of the Genesee River in Rochester, New York, by devel-
opment and implementation of wave surge control measures. 
SEC. 104. SMALL FLOOD CONTROL PROJECTS. 
(a) PROJECT AUTHORIZATIONS.—The Secretary shall conduct a 
study for each of the following projects and, after completion of such 
study, shall carry out the project under section 205 of the Flood 
Control Act of 1948 (33 U.S.C. 701s): 
(1) D R Y JORDAN AND CROOKED CREEKS, ARKANSAS.—A prOJect 
for flood control, Dry Jordan and Crooked Creeks, Harrison, 
Arkansas, including construction of improvements to provide 
enhanced flood control and recreation benefits. 
(2) OLD SULFUR CREEK, ORLEANS, INDIANA.—A project for flood 
control. Old Sulfur Creek, Orleans, Indiana. 
(3) FARMERS BRANCH CREEK, WHITE SETTLEMENT, TEXAS.—A 
nonstructural project for flood control, Farmers Branch Creek, 
White Settlement, Texas. Such project shall consist of relocation 
and purchase of residential structures located within the flood 
plain and shall be carried out on an expedited basis. 
(4) KROUTS CREEK, WEST VIRGINIA.—A project for flood control, 
Krouts Creek in the vicinity of Huntington, West Virginia, 
including deepening and widening of the channel and culvert 
replacement. 
(b) SAYAN GUT, VIRGIN ISLANDS.— 
(1) MAXIMUM ALLOTMENT.—The maximum amount which may 
be allotted under section 205 of the Flood Control Act of 1948 (33 
U.S.C. 701s) for the project for flood control, Savan Gut, Virgin 
Islands, shall be $10,000,000 instead of $5,000,000. 
(2) COST SHARING.—Nothing in this subsection shall be con-
strued as affecting any cost sharing requirements applicable to 
the project under the Water Resources Development Act of 
1986. 
SEC. 105. BAY CITY, MICHIGAN. 
The Secretary may undertake a project for shoreline protection 
along the Saginaw River in Bay City, Michigan, at a total estimated 
cost of $6,105,000. 
SEC. 106. DELAWARE RIVER AND TRIBUTARIES, PENNSYLVANIA. 
The Secretary may carry out a project for shoreline protection for 
the Glen Foerd Historic Property in Philadelphia, Pennsylvania, 
along the Delaware River and tributaries, including restoration of 
seawalls. 
SEC. 107. CONTINUATION OF AUTHORIZATION OF CERTAIN PROJECTS. 
(a) GENERAL RULE.—Notwithstanding section 1001(b)(1) of the 
Water Resources Development Act of 1986, the following projects 
shall remain authorized to be carried out by the Secretary: 
104 STAT. 4620 
PUBLIC LAW 101-640—NOV. 28,1990 
Canada. 
State listing. 
(1) PAJARO RIVER, SANTA CRUZ, CAUFORNiA.—The project for 
flood control, Pajaro River and tributaries, Santa Cruz, Califor-
nia, authorized by the Flood Control Act of 1966 (80 Stat. 1421). 
(2) SANTA CRUZ HARBOR, CAUFORNIA.—The modification for 
sealing the east jetty of the project for Santa Cruz Harbor, 
California, authorized by section 811 of the Water Resources 
Development Act of 1986 (100 Stat. 4168). 
(3) HiLLSBORO INLET, FLORIDA.—Dredging of Hillsboro Inlet, 
Florida, authorized by section 301 of the River and Harbor Act 
of 1965 (79 Stat. 1090). 
(4) LITTLE CALUMET RIVER BASIN, INDIANA.—The project 
for 
flood control. Little Calumet River basin (Cady Marsh Ditch), 
Indiana, authorized by section 401(a) of the Water Resources 
Development Act of 1986 (100 Stat. 4115). 
(5) LOUISIANA STATE PENITENTIARY LEVEE, LOUISIANA.—The 
project for flood control, Louisiana State Penitentiary Levee, 
Mississippi River, Louisiana, authorized by section 401(a) of the 
Water Resources Development Act of 1986 (100 Stat. 4117). 
(6) ONTONAGON HARBOR, MICHIGAN.—The project for naviga-
tion, Ontonagon Harbor, Michigan, authorized by the Rivers 
and Harbors Appropriations Act of June 25, 1910 (36 Stat. 655). 
(7) OTTAWA RIVER HARBOR, MICHIGAN AND OHIO.—The project 
for navigation, Ottawa River Harbor, Michigan and Ohio, au-
thorized by section 201 of the Flood Control Act of 1965 (79 Stat. 
1073) and approved by committee resolution, in accordance with 
the Phase I General Design Memorandum for such project, 
dated November 1976, at a total cost of $13,200,000, with an 
estimated first Federal cost of $6,530,000 and an estimated non-
Federal cost of $6,670,000. 
(8) SAULT SAINTE MARIE, MICHIGAN.—The second lock for Sault 
Sainte Marie, Michigan, authorized by section 1149 of the Water 
Resources Development Act of 1986 (100 Stat. 4254-55); except 
that the Secretary shall conduct, not later than 180 days after 
the date of the enactment of this Act and after providing an 
opportunity for notice and comment, an ginalysis of the pro-
jected total tonnage of commercial cargo which will be delivered 
by vessels using such lock to or from ports in Canada and the 
States of Minnesota, Wisconsin, Indiana, Illinois, Michigan, 
Ohio, Pennsylvania, and New York. Such analysis shall be 
based on the Secretary's estimate, using current 
traffic 
statistics. 
(9) (DoNNEAUT, OHIO.—The small boat harbor project for 
C!onneaut, Ohio, authorized by section 101 of the River and 
Harbor Act of 1966 (80 Stat. 1405). 
(10) FAIRPORT, OHIO,—The small boat harbor project for 
Fairport, Ohio, and the dredging of the navigation project for 
Fairport, Ohio, authorized pursuant to section 201 of the Flood 
Control Act of 1965 (42 U.S.C. 1962d-f). 
(11) MEMPHIS HARBOR, MEMPHIS, TENNESSEE.—The project for 
navigation, Memphis Harbor, Memphis, Tennessee, authorized 
by section 601(a) of the Water Resources Development Act of 
1986 (100 Stat. 4145). 
(12) EAST FORK OF TRINITY RIVER, TEXAS.—The project for flood 
protection on the East Fork of the Trinity River, Texas, au-
thorized by section 203 of the Flood Control Act of 1962 (76 Stat. 
1185). 
PUBLIC LAW 101-640—NOV. 28, 1990 
104 STAT. 4621 
(13) NORFOLK HARBOR, VIRGINIA.—The project for deepening of 
3 navigation anchorages at Norfolk Harbor, Virginia, au-
thorized by section 301 of the River and Harbor Act of 1965 (79 
Stat. 1090). 
(b) LIMITATION.—A project described in subsection (a) shall not be 
authorized for construction after the last day of the 5-year period 
that begins on the date of the enactment of this Act unless, during 
such period, funds have been obligated for the construction (includ-
ing planning and design) of the project. 
(c) FREEPORT, ILLINOIS.—The project for flood control, Freeport, 
Illinois, authorized by section 5 of the Flood Control Act of June 22, 
1936 (49 Stat. 1586), and deauthorized by section 1002 of the Water 
Resources Development Act of 1986 (100 Stat. 4208), is authorized to 
be carried out by the Secretary. 
SEC. 108. HAZARD, KENTUCKY. 
The Secretary is authorized and directed to design and construct 
such flood control measures at or in the vicinity of Hazard, Ken-
tucky, on the North Fork of the Kentucky River as the Secretary 
determines necessary and appropriate to afford the city of Hazard, 
Kentucky, and its immediate environs a level of protection against 
flooding at least sufficient to prevent any future losses to such city 
from the likelihood of flooding such as occurred in January 1957, at 
a total cost of $30,000,000. With respect to such project. Congress 
finds that the benefits determined in accordance with section 209 of 
the Flood Control Act of 1970 and attributable to the flood measures 
authorized for such project exceed the cost of such measures. 
SEC. 109. SAUK LAKE, MINNESOTA. 
The Secretary shall complete the project for removal of silt and 
aquatic weeds, Sauk Lake, Minnesota, authorized by section 602 of 
the Water Resources Development Act of 1986 (100 Stat. 4148), 
including acquisition of weed harvesting equipment using funds 
appropriated by Congress for such purpose, and shall carry out 
measures to protect and enhance water quality, including im-
plementation of best management practices in the drainage basin. 
SEC. 110. REHABILITATION OF FEDERAL FLOOD CONTROL LEVEES. 
(a) PROJECTS.—The Secretary shall undertake— 
(1) projects for rehabilitation and reconstruction of Federal 
flood control levees on the Arkansas River, Arkansas and Okla-
homa, substantially in accordance with the Little Rock District 
Engineer's Arkansas River Basin, Arkansas and Oklahoma, 
Draft Feasibility Report, dated March 1990, and the Tulsa 
District Engineer's Keystone to Tulsa Reconnaissance Report, 
dated September 1989; and 
(2) projects for rehabilitation and reconstruction of Federal 
flood control levees on the Red River, Oklahoma and Arkansas, 
below Denison Dam. 
(b) PURPOSE OF PROJECTS.—The purpose of projects under this 
section shall be to make the levees comply with current Federal 
design standards. 
(c) INCLUDED FEATURES.—The projects under this section shall 
include repairs of design deficiencies and replacement of deterio-
rated drainage structures and other appurtenances. 
Flood control. 
Arkansas. 
Oklahoma. 
104 STAT. 4622 
PUBLIC LAW 101-640—NOV. 28, 1990 
(d) COST SHARING.—Work carried out under this section shall be 
treated as new construction for purposes of determining the Federal 
and non-Federal shares of the cost of such work. 
(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be 
appropriated to carry out this section $5,000,000 per fiscal year for 
each of fiscal years 1992,1993,1994,1995, and 1996. 
Flood control. 
SEC. 111. HELEN, NEW MEXICO. 
(a) PROJECT AUTHORIZATION.—Subject to section 903(c) of the 
Water Resources Development Act of 1986, the Secretary is au-
thorized to carry out a project for flood protection for the city of 
Belen, New Mexico, at a total cost of $19,576,000, with an estimated 
first Federal cost of $12,130,000 and an estimated first non-Federal 
cost of $7,446,000. 
0)) REQUIRED MEASURES.—The project authorized by this section 
shall include measures to increase the capacity of the Belen 
Highline Canal so that such canal will function as a conveyance 
system to divert flood waters safely around the city of Belen and as 
an irrigation facility. 
SEC. 112. LOWER TRUCKEE RIVER, NEVADA. 
(a) PLANNING, ENGINEERING, AND DESIGN.—The Secretary is au-
thorized to carry out planning, engineering, and design— 
(1) for rehabilitation of the Lower Truckee River, Nevada, 
including— 
(A) restoration of the riparian habitat and vegetative 
cover; 
(B) stabilization of the course of the Lower Truckee River 
and minimization of erosion damage; 
(C) provision of the best possible spawning habitat for the 
cui-ui fish; and 
(D) provision of improved spawning habitat for the 
Lahontan cutthroat trout to the extent deemed feasible; 
and 
(2) for facilities to enable the efficient passage of cui-ui and 
Lahontan cutthroat trout through or around the delta at the 
mouth of the Lower Truckee River to obtain access to their 
upstream spawning grounds. 
SEC. 113. ARKANSAS POST NAVIGATION CANAL. 
The Secretary is authorized to carry out planning, engineering, 
and design for modifications to the Arkansas Post Navigation Canal 
of the McClellan-Kerr Arkansas River Navigation System for the 
purpose of improving environmental quality. Such modifications 
shall include a closure structure at the downstream end of the 
Morgan Point Bendway and related work. 
SEC. 114. STRUTHERS, OHIO. 
The Secretary is authorized to carry out design for replacement of 
the Bridge Street bridge in Struthers, Ohio, at a total cost of 
$2,400,000. The non-Federal share of the cost of such design shall be 
50 percent. 
SEC. 115. MAYSVILLE, KENTUCKY. 
The Secretary is authorized to carry out design for construction of 
a bridge between Maysville, Kentucky, and the State of Ohio, at a 
total cost of $2,000,000. The non-Federal share of the cost of such 
design shall be 50 percent. 
PUBLIC LAW 101-640—NOV. 28, 1990 
104 STAT. 4623 
SEC. 116. STUDIES. 
(a) SOUTH ATLANTIC CARGO TRAFFIC— 
(1) STUDY.—The Secretary, in conjunction with the Adminis-
trator of the Federal Maritime Administration of the Depart-
ment of Transportation, shall conduct a study of the market for 
container ship traffic in the South Atlantic region of the United 
States from Port Everglades, Florida, to Norfolk, Virginia. 
(2) PURPOSES.—The purposes of the study to be conducted 
under this subsection are as follows: 
(A) Identifying major containerized cargo trade routes 
and commodity flows. 
(B) Identifying 
inland transportation 
infrastructure 
needs. 
(C) Projecting future traffic volumes. 
(D) Forecasting future container vessel fleets. 
(E) Developing origin-to-destination transportation costs. 
(F) Developing differential trade route costs for origin-
destination pairs. 
(G) 
Forecasting 
future 
micro- 
and 
mini-bridging 
opportunities. 
(H) Developing a computerized database of all traffic 
flows and costs. 
(I) Forecasting future port infrastructure needs. 
(3) REPORT.—Not later than 14 months after the date of the 
enactment of this Act, the Secretary shall transmit to Congress 
a report on the results of the study conducted under this 
subsection. 
(4) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated to carry out this subsection $1,200,000. 
(b) NoRCO BLUFFS, CALIFORNIA.—The Secretary shall conduct a 
feasibility study of bank stabilization measures for Norco Bluffs, 
California, under the flood control program of the Corps of Engi-
neers. 
(c) RANCHO PALOS VERDES, CALIFORNIA.—The Secretary shall— 
(1) complete the study of the feasibility of constructing shore-
line erosion mitigation measures along the Rancho Palos 
Verdes coastline and in the city of Rolling Hills, California, 
authorized by section 712 of the Water Resources Development 
Act of 1986 (100 Stat. 4160); and 
(2) in connection with such study, investigate measures to 
conserve fish and wildlife (as specified in section 704 of the 
Water Resources Development Act of 1986), including measures 
to demonstrate the effectiveness of intertidal marine habitat. 
(d) SOUTHERN CALIFORNIA INFRASTRUCTURE RESTORATION.— 
(1) STUDY.—The Secretary, in consultation with the Director 
of the Federal Emergency Management Agency, shall conduct a 
feasibility study in the Southern California region of the prob-
lems and alternative solutions, including governmental roles 
and responsibilities, of restoring such region's public works 
infrastructure (including roads and highways, fixed rails, 
bridges, airports, flood control channels, dams, aqueducts, and 
utility pipes and lines) to full service following earthquakes 
which cause substantial damage to such infrastructure. 
(2) REPORT.—Not later than 24 months after the date of the 
enactment of this Act, the Secretary shall transmit to Congress 
104 STAT. 4624 
PUBLIC LAW 101-640—NOV. 28, 1990 
a report on the results of the study conducted under this 
subsection. 
(3) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated to carry out this subsection $1,500,000. 
(e) SANTA MONICA BREAKWATER, CAUFORNIA.—The Secretary 
shall complete the reconnaissance investigation and feasibility study 
for the breakwater project, Santa Monica, California, not later than 
July 1, 1992, and may consider as commercial benefits, for purposes 
of section 119 of the 1970 River and Harbor Act, benefits from 
reestablishment of past charter fishing vessel accommodation activi-
ties which existed in the area from the 1930's prior to damage of the 
breakwater structure. 
(f) CAUFORNIA OIL SPILL RESTORATION.— 
(1) STUDY.—The Secretary, in consultation with the Director 
of the Federal Emergency Management Agency and the Com-
mandant of the Coast Guard, shall conduct a feasibility study in 
the California coastal region of the problems and alternative 
solutions, including Federal and non-Federal roles and respon-
sibilities, of containment and restoration of coastal waters and 
lands (including natural wildlife, habitat restoration, commer-
cial, and recreational activities) following a major oil spill. 
(2) REPORT.—Not later than 24 months after the date of the 
enactment of this Act, the Secretary shall transmit to Congress 
a report on the results of the study conducted under this 
subsection. 
(3) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated to carry out this subsection $1,500,000. 
(g) SANTA ROSA, CAUFORNIA.—The Secretary may conduct a 
review and evaluation of proposals for storage facilities associated 
with wastewater reclamation and irrigation in Santa Rosa, Califor-
nia, for the purpose of developing recommendations concerning 
Federal and non-Federal participation in construction of such 
facilities. 
(h) KissiMMEE RIVER, CENTRAL AND SOUTHERN FLORIDA.— 
(1) STUDY.—The Secretary shall conduct a feasibility study of 
the Kissimmee River in central and southern Florida for the 
purpose of determining modifications of the flood control project 
for central and southern Florida, authorized by section 203 of 
the Flood Control Act of 1948 (62 Stat. 1176), which are nec-
essary to provide a comprehensive plan for the environmental 
restoration of the Kissimmee River. The study shall be based on 
implementing the Level II Backfilling Plan specified in the 
Kissimmee River Restoration, Alternative Plan Evaluation and 
Preliminary Design Report, dated June 1990, published by the 
South Florida Water Management District. 
(2) REPORT.—Not later than April 1, 1992, the Secretary shall 
transmit to Congress a final report of the Chief of Engineers on 
the results of the study conducted under this subsection, 
together with such modifications as are recommended by the 
Secretary. 
(3) POST-STUDY WORK.—All work necessary to prepare the 
project recommended by the Chief of Engineers, as modified by 
the Secretary, for construction bidding, including Feature 
Design Memoranda, shall be completed by June 1,1994. 
(i) NASSAU (BOUNTY, FLORIDA.—The Secretary is authorized to 
study the project for beach erosion control, Nassau County (Amelia 
Island), Florida, authorized by section 3 of the Water Resources 
PUBLIC LAW 101-640—NOV. 28, 1990 
104 STAT. 4625 
Development Act of 1988 (102 Stat. 4013), for the purpose of deter-
mining whether or not such project should be modified to authorize 
beach nourishment for the southern beaches of Fernandina (south 
Amelia Island) from Florida Department of Natural Resources 
monument number 60 to monument number 79. 
(j) THURMAN TO HAMBURG, IOWA.—The Secretary shall complete 
the feasibility phase of the study authorized by section 1152 of the 
Water Resources Development Act of 1986 (100 Stat. 4255), including 
completion of planning and specifications, not later than August 1, 
1991. 
(k) LAKE PONTCHARTRAIN, LOUISIANA.— 
(1) STUDY.—The Secretary shall study the benefits which 
accrue to non-Federal sponsors from the project for flood protec-
tion on Lake Pontchartrain, Louisiana, authorized by section 
204 of the Flood Control Act of 1965 (79 Stat. 1077), for the 
purposes of determining— 
(A) whether or not such sponsors have received the ex-
pected benefits from the project; and 
(B) whether or not there should be a reallocation of costs 
as a result of any unrealized expected benefits from the 
project. 
(2) REPORT.—Not later than 12 months after the date of the 
enactment of this Act, the Secretary shall transmit to Congress 
a report on the results of the study conducted under this 
subsection. 
(3) NON-FEDERAL RESPONSIBILITY DURING STUDY.—During the 
period beginning on the date of the enactment of this Act and 
ending on the 30th day following the date of transmission of the 
report under paragraph (2), non-Federal sponsors of the project 
referred to in paragraph (1) shall not be required to make 
payments on non-Federal responsibilities incurred for the St. 
Bernard Parish portion of the Chalmette area before or during 
such period. 
(1) BuFFUMViLLE LAKE, MASSACHUSETTS.—The Secretary may 
study the flood control project for Buffumville Lake, Massachusetts, 
authorized by the Flood Control Act of August 18,1941 (55 Stat. 639), 
for the purpose of determining whether or not such project should 
be modified to authorize low flow augmentation for improving water 
quality on the French River. 
(m) PEARL RIVER BASIN, MISSISSIPPI.—The Secretary shall conduct 
a feasibility study of providing flood protection for the metropolitan 
area of Jackson, Mississippi, and the counties of Rankin, Hinds, 
Simpson, Lawrence, Marion, and Madison, Mississippi. 
(n) ROCK CREEK, MARYLAND.— 
(1) WATER QUAUTY STUDY.—The Secretary shall conduct a 
study of methods of improving water quality of Rock Creek, 
Maryland. 
(2) REPORT.—Not later than 1 year after the date of the 
enactment of this Act, the Secretary shall transmit to Congress 
a report on the results of the study conducted under this 
subsection. 
(o) SAGINAW BAY, MICHIGAN.— 
(1) EXTENSION OF DEADLINE FOR FEASIBILITY REPORT.—Section 
711 of the Water Resources Development Act of 1986 (100 Stat. 
4160) is amended by striking "1989" and inserting "1992". 
(2) CONTINUATION OF FEASIBILITY STUDY AUTHORIZATION.—For 
purposes of section 710 of the Water Resources Development 
104 STAT. 4626 
PUBLIC LAW 101-640—NOV. 28, 1990 
Act of 1986, the study authorized by section 711 of such Act 
shall be treated as being authorized on the date of the enact-
ment of this Act. 
(p) WATER SUPPLY, MINNESOTA AND NORTH DAKOTA.— 
(1) IN GENERAL.—The Secretary shall conduct a study, with 
the States of Minnesota and North Dakota— 
(A) to determine and recommend alternative plans to 
augment flows in the Red River of the North, Minnesota 
and North Dakota, including plans to supplement flows for 
municipal, industrial, agricultural, and fish and wildlife 
purposes; and 
(B) to utilize and conserve water within the area. 
(2) ADDITIONAL PURPOSES.—Additional purposes of the study 
under this subsection are as follows: 
(A) To identify alternative courses of action during 
drought conditions. 
(B) To address such issues as system capabilities, regu-
latory actions, water quality, treaty constraints, and 
institutional arrangements. 
(C) To recommend short- and long-term approaches to 
resolving water supply and use problems, including those 
that occur outside the area. 
(3) SPECIFIC REQUIREMENTS.—In conducting the study under 
this subsection, the Secretary shall— 
(A) recognize the need for continued flow into Canada; 
(B) coordinate with the Bureau of Reclsmiation on actions 
being undertaken by the Bureau with respect to the Garri-
son Diversion Unit; and 
(C) provide for appropriate consideration for protection of 
the Nation's water resources as well £is the needs of the 
area for water management and water availability. 
(q) LAKE WINNIBIGOSHISH, MINNESOTA.—The Secretary is 
au-
thorized to conduct a study to determine whether the Secretary's 
jurisdiction should be expanded to include areas above the current 
pool regulation levels at Lake Winnibigoshish, Minnesota, and to 
identify methods for bank stabilization and preservation needed due 
to lake level regulation. 
(r) LAKE OF THE WOODS, MINNESOTA.— 
(1) INVESTIGATION.—The Secretary may undertake an inves-
tigation of the lands bordering on the Lake of the Woods, 
Minnesota, to determine if such lands and improvements there-
to in the United States currently meet applicable requirements 
of international agreements concerning regulation of the levels 
of the Lake of the Woods. 
(2) REPORT.—Not later than 1 year after the date of the 
enactment of this Act, the Secretary shall report to Congress on 
the progress made in carrjdng out this subsection and the need 
for further legislation to resolve any outstanding claims for 
damages caused by the need for additional protective works and 
measures to satisfy the requirements referred to in paragraph 
(1). 
(s) HEADWATERS RESERVOIRS OF THE MISSISSIPPI RIVER, MIN-
NESOTA.—The Secretary shall conduct a study of the 6 headwaters 
reservoirs of the Mississippi River, Minnesota, to assess lake cur-
rents and resulting siltation behavior and to determine the impact 
of lake levels on fish habitat and spawning success. 
(t) HIGHFIELD WATER COMPANY, NEW JERSEY.— 
PUBLIC LAW 101-640—NOV. 28, 1990 
104 STAT. 4627 
(1) STUDY.—The Comptroller General shall conduct a study of 
the facts and circumstances concerning the claims of the 
Highfield Water Company, New Jersey, against the United 
States Army Corps of Engineers for the purpose of making 
recommendations for an appropriate settlement of such claims. 
(2) REPORT.—Not later than 6 months after the date of the 
enactment of this Act, the Comptroller General shall transmit 
to Congress a report on the results of the study conducted under 
this subsection. 
(u) MANASQUAN RIVER, NEW JERSEY.— 
(1) STUDY.—The Secretary shall conduct a study of the fea-
sibility of implementing flood control measures on the 
Manasquan River to alleviate flooding in Freehold, Howell, and 
other affected townships in New Jersey. 
(2) REPORT.—Not later than December 31, 1992, the Secretary 
shall transmit to Congress a report on the results of the study 
conducted under this subsection. 
(v) AcEQUiAS IRRIGATION SYSTEM, NEW MEXICO.—The Secretary is 
authorized to conduct a study of the Acequias irrigation system, 
New Mexico, to determine whether the project for restoration and 
preservation of such system, authorized by section 1113 of the Water 
Resources Development Act of 1986 (100 Stat. 4232), should be 
expanded to include additional areas of the system. 
(w) BUFFALO, NEW YORK.— 
(1) REVIEW AND EVALUATION.—The Secretary shall conduct a 
review and evaluation of the plan prepared by the city of 
Buffalo, New York, on flooding and associated water quality 
problems (including those associated with combined sewer over-
flows, sewer backups, and riverside outfalls) in the Buffalo, New 
York, metropolitan area. 
(2) PURPOSES.—The purposes of the review and evaluation to 
be conducted under this subsection are to develop recommenda-
tions for Federal and non-Federal participation in solving the 
problems described in paragraph (1) and to identify flood control 
benefits of implementing the plan. 
(3) REPORT.—Not later than 9 months after the date of the 
enactment of this Act, the Secretary shall transmit to Congress 
and the mayor of Buffalo, New York, a report on the results of 
the review and evaluation conducted under this subsection. 
(x) CAESAR'S CREEK LAKE, OHIO.— 
(1) STUDY.—The Secretary shall conduct a study of the water 
supply needs of Clinton County, Ohio. 
(2) REPORT.—Not later than 1 year after the date of the 
enactment of this Act, the Secretary shall transmit to Congress 
a report on the results of the study conducted under this 
subsection, together with recommendations for meeting the 
projected water supply needs of Clinton County, Ohio. 
(y) LIBERTY, OHIO.— 
(1) STUDY.—The Secretary shall conduct a study of the water 
supply needs of Liberty, Ohio. 
(2) REPORT.—Not later than 1 year after the date of the 
enactment of this Act, the Secretary shall transmit to Congress 
a report on the results of the study conducted under this 
subsection, together with recommendations for meeting the 
projected water supply needs of Liberty, Ohio. 
(z) WASHINGTONVILLE, OHIO.— 
104 STAT. 4628 
PUBLIC LAW 101-640—NOV. 28, 1990 
(1) STUDY.—The Secretary shall conduct a study of the water 
supply needs of Washingtonville, Ohio. 
(2) REPORT.—Not later than 1 year after the date of the 
enactment of this Act, the Secretary shall transmit to Congress 
a report on the results of the study conducted under this 
subsection, together with recommendations for meeting the 
projected water supply needs of Washingtonville, Ohio. 
(aa) MILL CREEK, TENNESSEE.— 
(1) FEASIBIUTY STUDY.—The Secretary shall study the feasibil-
ity of nondam options to alleviate flooding along Mill Creek and 
Seven Mile Creek, Tennessee. 
(2) REPORT.—Not later than 1 year after the date of the 
enactment of this Act, the Secretary shall transmit to Congress 
a report on the results of the study conducted under this 
subsection, together with a recommended plan for alleviating 
the flooding referred to in paragraph (1). 
(bb) NEW MADRID INFRASTRUCTURE RESTORATION.— 
state listing. 
(1) STUDY.—The Secretary, in consultation with the Director 
of the Federal Emergency Management Agency, shall conduct a 
feasibility study in the region surrounding the New Madrid 
Fault (including the States of Tennessee, Missouri, Arkansas, 
Kentucky, Mississippi, Indiana, and Illinois) of the problems 
and alternative solutions, including governmental roles and 
responsibilities, of restoring such region's public works infra-
structure (including roads and highways, fixed rails, bridges, 
airports, flood control channels, dams, aqueducts, and utility 
pipes and lines) to full service following earthquakes which 
cause substantial damage to such infrastructure. 
(2) REPORT.—Not later than 24 months after the date of the 
enactment of this Act, the Secretary shall transmit to Congress 
a report on the study conducted under this subsection. 
(3) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated to carry out this subsection $1,500,000. 
(cc) SOUTHWEST REGION FLOOD RESPONSE.— 
(1) STUDY.—The Secretary, in consultation with the Secretary 
of Agriculture and the Director of the Federal Emergency 
Management Agency, shall conduct a study to evaluate— 
(A) existing flood control measures in the Arkansas, Red, 
and Ouachita river basins, including the adequacy of flood 
control storage at existing reservoirs, operation of such 
reservoirs, and downstream flood control and local protec-
tion projects; 
(B) the effectiveness of Federal emergency response 
capabilities to prevent or minimize loss of life and damage 
to property resulting from flooding; and 
(C) the effectiveness of Federal disaster assistance pro-
grams in providing adequate and prompt compensation to 
flood victims. 
(2) REPORT.—The Secretary shall transmit a report to Con-
gress on the results of the study conducted under this subsection 
not later than 1 year after the date of the enactment of this Act. 
The report shall contain a detailed statement of the findings 
and conclusions of the Secretary, together with recommenda-
tions for such legislation and administrative actions as the 
Secretary considers appropriate. 
(dd) RADIUM REMOVAL.— 
PUBLIC LAW 101-640—NOV. 28, 1990 
104 STAT. 4629 
(1) STUDY.—The Secretary, in cooperation with State public 
authorities, may conduct a study of methods of mitigating 
radium contamination in ground water. 
(2) TECHNICAL ASSISTANCE.—Upon appHcation of a State 
public authority, the Secretary may provide, on a reimbursable 
basis, technical assistance with respect to development and 
installation of ground water treatment technologies needed to 
remove radium from ground water used as a source of public 
drinking water for residents of small communities. 
(ee) MISSISSIPPI RIVER WATER QUALITY.— 
(1) STUDY.—The Secretary shall conduct a study of the water 
quality of the Mississippi River. 
(2) CONSULTATION AND ASSISTANCE.—In conducting the study 
under this subsection, the Secretary is authorized to consult 
with, and request the assistance of, the United States Geological 
Survey, the United States Fish and Wildlife Service, the 
Environmental Protection Agency, and appropriate States. 
(3) FRAMEWORK.—The Secretary shall consult with the Fed-
eral agencies and States referred to in paragraph (2) to develop 
a framework for the study to be conducted under this subsec-
tion. Such framework shall be completed on or before the 120th 
day after the date of the enactment of this Act. 
(4) REPORT.—Not later than December 31, 1992, the Secretary 
shall transmit a report to Congress on the results of the study 
conducted under this subsection, including findings and rec-
ommendations of the Secretary. 
(5) FEDERAL SHARE.—The Federal share of the costs of carry-
ing out this subsection shall be 50 percent. 
(6) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated to carry out this subsection $2,000,000. 
SEC. 117. CRANSTON, RHODE ISLAND. 
(a) STUDY.—The Secretary, in consultation with the Administrator 
Waste treatment 
of the Environmental Protection Agency, shall conduct a feasibility 
^^^ disposal. 
study of wastewater treatment options for transporting contamina-
tion from the central landfill site and other sources of pollution in 
Rhode Island to a wastewater treatment facility in Cranston, Rhode 
Island, through the use of a regional connector system. 
O
b
) REPORT.—Not later than 1 year after the date of the enactment 
of this Act, the Secretary shall transmit to Congress a report on the 
results of the study conducted under this section. 
(c) DEMONSTRATION PROGRAM.—After completion of the feasibility 
study under this section, the Secretary shall conduct a technology 
demonstration of the connector system described in subsection (a) to 
determine the capability of the system design to operate properly. 
(d) FEDERAL SHARE.—The Federal share for carrying out this 
section shall be 50 percent. 
(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be 
appropriated $1,000,000 to carry out subsection (a) and $10,000,000 
to carry out subsection (c). 
SEC. 118. TECHNICAL ASSISTANCE FOR NEW YORK HARBOR. 
The Secretary may provide, on a reimbursable basis, technical 
assistance with respect to a comprehensive review of New York 
Harbor and a systems investigation of the system of channels and 
anchorages of the Port of New York and New Jersey (including 
areas and channels outside the Federal system). Such technical 
104 STAT. 4630 
PUBLIC LAW 101-640—NOV. 28, 1990 
assistance may include analysis of traffic design, shoaling, and 
hydraulics in order to determine the potential of streamlining the 
operation of such system and of reducing the potential for maritime 
accidents. 
SEC. 119. PROJECT DEAUTHORIZATIONS. 
(a) NOTIFICATION OF MEMBERS OF CONGRESS.—Section 1001(b)(2) of 
the Water Resources Development Act of 1986 (33 U.S.C. 579a(b)(2)) 
is amended by inserting after the first sentence the following new 
sentence: "Before submission of such list to Congress, the Secretary 
shall notify each Senator in whose State, and each Member of the 
House of Representatives in whose district, a project (including any 
part thereof) on such list would be located.". 
(b) REPEAL OF OUTDATED DEAUTHORIZATION PROVISION.—Section 12 
of the Water Resources Development Act of 1974 (33 U.S.C. 579) is 
repealed. 
(c) SPECIFIED PROJECTS.—The following projects are not authorized 
after the date of the enactment of this Act, except with respect to 
any portion of such a project which portion has been completed 
before such date or is under construction on such date: 
(1) GREENWICH HARBOR, CONNECTICUT.—The following portion 
of the channel at Greenwich Harbor, Connecticut, authorized by 
the Rivers and Harbors Appropriations Act of March 2,1919 (40 
Stat. 1276): 
Beginning at a point on the limit line of the Federal 
Anchorage Area in Greenwich Harbor, such point having 
coordinates of N66,309.76 E358,059.81 and running thence 
northwesterly along the limit line of the Federal Anchorage 
Area N50°0104W, a distance of 621.62 feet to an angle point 
on the existing Federal Anchorage Area Limit Line having 
coordinates N66,709.18 E357,583.50; thence continuing 
along the existing Federal Anchorage Area Limit Line 
N39''5855E a distance of 200.00 feet to an angle point on the 
existing Federal Anchorage Area Limit Line having coordi-
nates N66,862.43 E357,712.01; thence continuing along the 
existing Federal Anchorage Area Limit Line S50°0104E a 
distance of 140.00 feet to a point on the existing Federal 
Anchorage Area Limit Line having coordinates N66,772.47 
E357,819.28; thence running into the existing Federal 
Anchorage Area S39°5855W a distance of 187.66 feet to a 
point having coordinates N66,628.75 E357,698.76; thence 
running 
in 
the 
existing 
Federal 
Anchorage 
Area 
S59°1032"E a distance of 376.47 feet to a point having 
coordinates N66,435.85 E358,022.05; thence running in the 
existing Federal Anchorage Area S16°4026"E a distance of 
131.62 feet to the point and place of the beginning for a 
total area of 47,737 square feet. 
(2) CoNNEAUT HARBOR, OHIO.—The feature of the navigation 
project for Conneaut Harbor, Ohio, authorized by section 101 of 
the River and Harbor Act of 1962 (76 Stat. 1176), which feature 
is a channel l3dng easterly of the access channel and adjacent to 
the municipal pier. 
(3) BIG RIVER RESERVOIR, RHODE ISLAND.—The water supply 
project. Big River Reservoir, Providence, Rhode Island, au-
thorized by section 601(a) of the Water Resources Development 
Act of 1986 (100 Stat. 4144). 
PUBLIC LAW 101-640—NOV. 28, 1990 
104 STAT. 4631 
SEC. 120. HALF MOON BAY HARBOR. 
(a) DESIGNATION.—The harbor commonly known as Half Moon 
Nomenclature. 
Bay Harbor, located in El Granada, California, shall hereafter be 
known and designated as "Pillar Point Harbor". 
(b) LEGAL REFERENCES.—A reference in any law, map, regulation, 
document, record, or other paper of the United States to the harbor 
referred to in subsection (a) shall be deemed to be a reference to 
"Pillar Point Harbor". 
TITLE II—LAND TRANSFERS 
SEC. 201. SNEADS, FLORIDA. 
(a) IN GENERAL.—The Secretary shall convey to the trustees of the 
Salem Wesleyan Church all right, title, and interest of the United 
States in and to the parcel of land described in subsection (b). 
(b) PROPERTY DESCRIPTION.—The parcel of land referred to in 
subsection (a) contains approximately 2.30 acres lying in section 12, 
township 4 north, range 8 west, Tallahassee meridian, Jackson 
County, Florida, and is more particularly described as follows: 
Beginning at a point that is 294 feet west of the east line and 
294 feet north of the south line of the northeast quarter of the 
northeast quarter of such section 12, and at a corner of a tract 
of land now or formerly owned by the Salem Wesleyan Church; 
Thence south along a line parallel to the east line of such 
section a distance of approximately 269 feet to a point that is 25 
feet north of the south line of the northeast quarter of the 
northeast quarter of such section; 
Thence west along a line parallel to the south line of the 
northeast quarter of the northeast quarter of such section a 
distance of approximately 425 feet to the eastern right-of-way 
line of Florida State Road Numbered S-69A; 
Thence northerly along the eastern right-of-way line of such 
State road a distance of approximately 200 feet to the boundary 
of such Salem Wesleyan Church tract; and 
Thence northeasterly along the boundary of such Salem Wes-
leyan Church tract approximately 450 feet to the point of 
beginning. 
(c) PAYMENT OF FAIR MARKET VALUE.—The conveyance authorized 
by this section shall be made upon payment to the United States of a 
sum equal to the fair market value of the land as determined by the 
Secretary. 
(d) CONDITIONS AND RESTRICTIONS.—The conveyance under this 
section shall be subject to a reversionary interest in the United 
States if the lands conveyed are used for other than church pur-
poses. The Secretary may require such additional terms, conditions, 
reservations, and restrictions in connection with the conveyance as 
the Secretary determines are necessary to protect the interests of 
the United States. 
(e) SURVEY COSTS.—The cost of any surveys necessary as an in-
cident to the conveyance authorized by this section shall be borne by 
the trustees of the Salem Wesleyan Church. 
(f) DEADLINE.—Subject to compliance with this section, the Sec-
retary shall convey the parcel of land described in subsection 0>) not 
later than 2 years after the date of the enactment of this Act. 
104 STAT. 4632 
PUBLIC LAW 101-640—NOV. 28, 1990 
SEC. 202. IRA D. MACLACHLAN AMERICAN LEGION POST, SAULT SAINTE 
MARIE, MICHIGAN. 
The Secretary shall convey to the Commandant of the Coast 
Guard the parcel of land described in the Act of June 5, 1936 (49 
Stat. 1481), and the building located thereon for use as a clubhouse 
for the local American Legion Post of Sault Sainte Marie, Michigan. 
SEC. 203. ABERDEEN, WASHINGTON. 
(a) IN GENERAL.—The Secretary may transfer to the city of Ab-
erdeen, Washington, by quitclaim deed, all rights, interests, and 
title of the United States in the approximately 570.5 acres of land 
under the administrative jurisdiction of the Department of the 
Army acquired for the purposes of the project for Wynoochee Lake, 
Wynoochee River, Washington, authorized by section 203 of the 
Flood Control Act of 1962 (76 Stat. 1193), together with any improve-
ments thereon. 
(b) CONDITIONS.—A transfer under this section shall be subject to 
the following conditions: 
Regulations. 
(1) The city shall operate, maintain, repair, replace, and 
rehabilitate the project in accordance with regulations pre-
scribed by the Secretary which are consistent with the project's 
authorized purposes, including fish and wildlife mitigation. 
(2) The city shall hold and save the United States free from 
any claims or damages resulting from the operation, mainte-
nance, repair, or rehabilitation of the project by the city or its 
contractors. 
(3) If the city uses the land transferred under this section for 
any purpose other than the project's authorized purposes or 
generation of hydropower or fails to comply with paragraph (1) 
or (2), the Secretary shall notify the city of such use or failure. If 
the city does not correct such nonconforming use or failure 
during the 1-year period beginning on the date of such notifica-
tion, the Secretary shall have a right of reverter to reclaim 
possession and title to the land transferred under this section. 
(c) LIMITATION.—No transfer under this section may be made until 
the Secretary has determined that the city can operate, maintain, 
repair, replace, and rehabilitate the project. 
(d) REPAYMENT OF CAPITAL COSTS.—Nothing in this section shall be 
construed to relieve the city of its obligations under the project 
contract to repay the capital costs of the project allocated to water 
supply. The Secretary may negotiate a cash settlement to allow the 
city to prepay the present value of the payments for capital costs 
due under the contract. 
SEC. 204. RELEASE OF REVERSIONARY INTEREST TO CLAY COUNTY, 
GEORGIA. 
(a) IN GENERAL.—Subject to the condition stated in subsection (b) 
and notwithstanding the Federal Property and Administrative Serv-
ices Act of 1949 (40 U.S.C. 471 et seq.) and section 108 of the River 
and Harbor Act of 1960 (33 U.S.C. 578), the Secretary shall release to 
Clay County, Georgia, without reimbursement, the reversionary 
interest of the United States in approximately 50 acres of land in 
the deed described in subsection (c). 
(b) CONDITION.— 
(1) REPLACEMENT REVERSIONARY INTEREST.—The condition re-
ferred to in subsection (a) is that Clay County, Georgia, agree to 
an amendment of the deed described in subsection (c) by which 
PUBLIC LAW 101-640—NOV. 28, 1990 
104 STAT. 4633 
the reversionary interest that is released pursuant to subsection 
(a) is replaced with a reversionary interest as described in 
paragraph (2). 
(2) DESCRIPTION.—The deed described in subsection (c) shall be 
amended to provide that the property conveyed by the deed is 
subject to the condition and restriction that it is to be used and 
enjoyed solely for the development of a retirement community, 
as that term may be defined by the parties in the instrument 
described in subsection (d), operated on a nonprofit basis by Clay 
County, Georgia, and its successors and assigns, or under a lease 
arrangement between the county and the South Georgia Meth-
odist Home for the Aging, Inc., and that if the property is used 
for any other purpose, title to the property, including any 
improvements, shall revert to the United States. 
(c) DESCRIPTION OF DEED.—The deed referred to in subsections (a) 
and (b) is the quitclaim deed dated October 22, 1963, by which the 
United States conveyed to Clay County, Georgia, the parcel of land 
lying in land lots 263 and 264, Seventh Land District, Clay County, 
Georgia. 
(d) INSTRUMENT OP RELEASE.—The Secretary and Clay County, 
Georgia, shall execute and file in the appropriate office an amend-
ment of deed, amended deed, deed of release, or other appropriate 
form of instrument or instruments effecting the substitution of 
reversionary interest authorized by this section. 
SEC. 205. CONVEYANCE OF OAKLAND INNER HARBOR TIDAL CANAL 
PROPERTY TO CITIES OF OAKLAND AND ALAMEDA, CALIFOR-
NIA. 
The Secretary may convey, by quitclaim deed, the title of the 
United States in all or portions of the approximately 86 acres of 
uplands, tidelands, and submerged lands, commonly referred to as 
the Oakland Inner Harbor Tidal Canal, California, as follows: 
(1) To the city of Oakland, the United States title to all or 
portions of that part of the Oakland Inner Harbor Tidal Canal 
which are located within the boundaries of the city of Oakland. 
(2) To the city of Alameda, the United States title to all or 
portions of that part of the Oakland Inner Harbor Tidal Canal 
which are located within the boundaries of the city of Alameda. 
The Secretary may reserve and retain from any such conveyance a 
right-of-way for the operation and maintenance of the authorized 
Federal channel in the Oakland Inner Harbor Tidal Canal. 
TITLE III—GENERALLY APPLICABLE 
PROVISIONS 
SEC. 301. PLANNING AND ENGINEERING. 
Section 105(b) of the Water Resources Development Act of 1986 (33 
U.S.C. 2215(b)) is amended by adding at the end the following new 
sentence: "Costs of planning and engineering of projects for which 
non-Federal interests contributed 50 percent of the cost of the 
feasibility study shall be treated as costs of construction.". 
SEC. 302. EMERGENCY RESPONSE. 
Section 5(aXl) of the Act entitled "An Act authorizing the 
construction of certain public works on rivers and harbors for flood 
104 STAT. 4634 
PUBLIC LAW 101-640—NOV. 28, 1990 
control, and for other purposes", approved August 18, 1941 (33 
U.S.C. 701n(a)(l)), is amended— 
(1) in the first sentence by striking "flood emergency prepara-
tion," and inserting "preparation for emergency response to any 
natural disaster,"; and 
(2) by inserting after the first sentence the following: "The 
emergency fund may also be expended for emergency dredging 
for restoration of authorized project depths for Federal navi-
gable channels and waterways made necessary by flood, 
drought, earthquake, or other natural disasters.". 
SEC. 303. CONSTRUCTION OF NAVIGATION PROJECTS BY NON-FEDERAL 
INTERESTS. 
(a) TRANSMISSION OF HARBOR IMPROVEMENT STUDIES TO NON-FED-
ERAL INTERESTS.—Section 204(c) of the Water Resources Develop-
ment Act of 1986 (33 U.S.C. 2232(c)) is amended by inserting after 
the first sentence the following new sentence: "The Secretary is 
further authorized to complete and transmit to the appropriate non-
Federal interest any study for improvement to harbors or inland 
harbors of the United States that is initiated pursuant to section 107 
of the River and Harbor Act of 1960 or, upon request of such non-
Federal interest, to terminate such study and transmit such par-
tially completed study to the non-Federal interest.". 
(b) REIMBURSEMENT.—Section 204 of such Act is amended— 
(1) by redesignating the second subsection (e) and subsection 
(f), and any reference thereto, as subsections (f) and (g), respec-
tively; 
Reports. 
(2) in paragraph (1) of the first subsection (e) by inserting 
"including any small navigation project approved pursuant to 
section 107 of the River and Harbor Act of 1960," after "or 
separable element thereof,"; and 
(3) in paragraph (IXA) of the first subsection (e) by inserting 
"(or, in the case of a small navigation project, after completion 
of a favorable project report by the Corps of Engineers)" after 
"authorization of the project". 
33 u s e 2309a. 
SEC. 304. PROJECT MODIFICATIONS FOR IMPROVEMENT OF ENVIRON-
MENT. 
(a) REVIEW OF PROJECT OPERATIONS.—Section 1135(a) of the Water 
Resources Development Act of 1986 (33 U.S.C. 2294 note), is 
amended by striking "before the date of enactment of this Act". 
(b) MODIFICATION PROGRAM.—Section 1135(b) of such Act is 
amended— 
(1) by striking "demonstration program in the 5-year period 
beginning on the date of enactment of this Act" and inserting 
"program"; and 
(2) by striking "before the date of enactment of this Act". 
(c) REPORT.—Section 1135(d) of such Act as amended to read as 
follows: 
"(d) BIENNIAL REPORT.—Beginning in 1992 and every 2 years 
thereafter, the Secretary shall transmit to Congress a report on the 
results of reviews conducted under subsection (a) and on the pro-
gram conducted under subsection (b).". 
(d) FUNDING.—Section 1135(e) of such Act is amended by striking 
"$25,000,000 to carry out this section." and inserting "$15,000,000 
annually to carry out this section.". 
PUBLIC LAW 101-640—NOV. 28, 1990 
104 STAT. 4635 
SEC. 305. ABILITY TO PAY. 
(a) GENERAL RULE.—Section 103(m) of the Water Resources Devel-
opment Act of 1986 (33 U.S.C. 2213(m)) is amended to read as follows: 
"(m) ABIUTY TO PAY.— 
"(1) GENERAL RULE.—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. 
"(2) PROCEDURES.— 
"(A) IN GENERAL.—The ability of any non-Federal interest 
to pay shall be determined by the Secretary in accordance 
with procedures established by the Secretary. 
"(B) LIMITATIONS.—The procedures established pursuant 
to this subsection shall provide for a reduction in any non-
Federal cash contribution required under subsection (aX2) 
of this section. In addition, such procedures shall provide 
for determination of the eligibility of the non-Federal in-
terest for a reduction in the required cash contribution on 
the basis of local, not statewide, economic and financial 
data. 
"(C) REGULATIONS.—Not later than 1 year after the date 
of the enactment of this subparagraph, the Secretary shall 
issue regulations establishing the procedures required by 
this paragraph.". 
(b) CONTINUATION OF EXISTING REGULATIONS.—Regulations issued 
33 use 2213 
to carry out section 103(m) of the Water Resources Development Act "
o
*
®
-
of 1986 before the date of the enactment of this Act and in effect on 
such date shall continue in effect until regulations are issued pursu-
ant to paragraph (2XC) of such section, as added by subsection (a) of 
this section. 
SEC. 306. ENVIRONMENTAL PROTECTION MISSION. 
33 USC 2316. 
(a) GENERAL RULE.—The Secretary shall include environmental 
protection as one of the primary missions of the Corps of Engineers 
in planning, designing, constructing, operating, and maintaining 
water resources projects. 
(b) LIMITATION.—Nothing in this section affects— 
(1) existing Corps of Engineers' authorities, including its 
authorities with respect to navigation and flood control; 
(2) pending Corps of Engineers permit applications or pending 
lawsuits involving permits or water resources projects; or 
(3) the application of public interest review procedures for 
Corps of Engineers permits. 
SEC. 307. WETLANDS. 
33 USC 2317. 
(a) GrOALS AND ACTION P L A N . — 
(1) GOALS.—There is established, as part of the Corps of 
Engineers water resources development program, an interim 
goal of no overall net loss of the Nation's remaining wetlands 
base, as defined by acreage and function, and a long-term goal 
to increase the quality and quantity of the Nation's wetlands, as 
defined by acreage and function. 
(2) USE OP AUTHORITIES.—The Secretary shall utilize all appro-
f
>riate authorities, including those to restore and create wet-
ands, in meeting the interim and long-term goals. 
(3) ACTION PLAN.— 
(A) DEVELOPMENT.—The Secretery shall develop, in con-
sultation with the Environmental Protection Agency, the 
104 STAT. 4636 
PUBLIC LAW 101-640—NOV. 28, 1990 
Fish and Wildlife Service, and other appropriate Federal 
agencies, a wetlands action plan to achieve the goals estab-
lished by this subsection as soon as possible. 
(B) CONTENTS.—The plan shall include and identify ac-
tions to be taken by the Secretary in achieving the goals 
and any new authorities which may be necessary to acceler-
ate attainment of the goals. 
(C) COMPLETION DEADLINE.—The Secretary shall complete 
the plan not later than 1 year after the date of enactment of 
this Act. 
(b) CONSTRUCTED WETLANDS FOR MUD CREEK, ARKANSAS.—Not-
withstanding any other provision of law, the Secretary is authorized 
and directed to establish and carry out a research and pilot project 
to evaluate and demonstrate— 
(1) the use of constructed wetlands for wastewater treatment, 
and 
(2) methods by which such projects contribute— 
(A) to meeting the objective of the Federal Water Pollu-
tion Control Act to restore and maintain the physical, 
chemical, and biological integrity of the Nation's waters, 
and 
(B) to attaining the goals established by subsection (a). 
The project under this subsection shall be carried out to improve the 
quality of effluent discharged from publicly owned treatment works 
operated by the city of Fayetteville, Arkansas, into Mud Creek or its 
tributaries. 
(c) NON-FEDERAL RESPONSIBILITIES.—For the project conducted 
under subsection (b), the non-Federal interest shall agree— 
(1) to provide, without cost to the United States, all lands, 
easements, rights-of-way, relocations, and dredged material dis-
posal areas necessary for construction and subsequent research 
and demonstration work; 
(2) to hold and save the United States free from damages due 
to construction, operation, and maintenance of the project, 
except damages due to the fault or negligence of the United 
States or its contractors; and 
(3) to operate and maintain the restored or constructed wet-
lands in accordance with good management practices; except 
that nothing in this paragraph shall be construed as precluding 
a Federal agency from agreeing to operate and maintain the 
restored or reconstructed wetlands. 
The value of the non-Federal lands, easements, rights-of-way, reloca-
tions, and dredged material disposal areas provided by the non-
Federal interest shall be credited toward the non-Federal share of 
project design and construction costs. The non-Federal share of 
project design and construction costs shall be 25 percent. 
(d) WETLANDS RESTORATION AND ENHANCEMENT DEMONSTRATION 
PROGRAM.— 
(1) ESTABUSHMENT AND IMPLEMENTATION.—The Secretary, in 
consultation with the Administrator, is authorized to establish 
and implement a demonstration program for the purpose of 
determining the feasibility of wetlands restoration, enhance-
ment, and creation as a means of contributing to the goals 
established by subsection (a). 
(2) GOAL.—The goal of the program under this subsection 
shall be to establish a limited number of demonstration wet-
lands restoration, enhancement, and creation areas in districts 
PUBLIC LAW 101-640—NOV. 28, 1990 
104 STAT. 4637 
of the Corps of Engineers for the purpose of evaluating the 
technical and scientific long-term feasibility of such areas as a 
means of contributing to the attainment of the goals established 
by subsection (a). Federal and State land-owning agencies and 
private parties may contribute to such areas. 
(3) FACTORS TO CONSIDER.—In establishing the demonstration 
program under this subsection, the Secretary shall consider— 
(A) past experience with wetlands restoration, enhance-
ment, and creation; 
(B) the appropriate means of measuring benefits of 
compensatory mitigation activities, including enhancement 
or restoration of existing wetlands or creation of wetlands; 
(C) the appropriate geographic scope for which wetlands 
loss may be offset by restoration, enhancement, and cre-
ation efforts; 
(D) the technical feasibility and scientific likelihood that 
wetlands can be successfully restored, enhanced, and 
created; 
(E) means of establishing liability for, and long-term 
ownership of, wetlands restoration, enhancement, and cre-
ation areas; and 
(F) responsibilities for short- and long-term project 
monitoring. 
(4) REPORTING.— 
(A) To THE CHIEF OF ENGINEERS.—The district engineer for 
each district of the Corps of Engineers in which a wetlands 
restoration, enhancement, and creation area is established 
under this subsection shall transmit annual reports to the 
Chief of Engineers describing the amount and value of 
wetlands restored, enhanced, and created for the area and a 
summary of whether the area is contributing to the goal 
established in paragraph (2). 
(B) To CONGRESS.—Not later than 3 years after the date of 
the enactment of this Act, the Secretary shall transmit to 
Congress a report evaluating the use of wetlands restora-
tion, enhancement, and creation areas in fulfilling the goal 
established by paragraph (2), together with recommenda-
tions on whether or not to continue use of such areas as a 
means of meeting the goals established by subsection (a). 
(5) EFFECT ON OTHER LAWS.—Nothing in this subsection affects 
any requirements under section 404 of the Federal Water Pollu-
tion Control Act (33 U.S.C. 1344) or section 10 of the Act of 
March 3,1899 (33 U.S.C. 403). 
(e) TRAINING AND CERTIFICATION OF DEUNEATORS.— 
(1) IN GENERAL.—The Secretary is authorized to establish a 
program for the training and certification of individuals as 
wetlands delineators. As part of such program, the Secretary 
shall carry out demonstration projects in districts of the Corps 
of Engineers. The program shall include training and certifi-
cation of delineators and procedures for expediting consider-
ation and acceptance of delineations performed by certified 
delineators. 
(2) REPORTS.—The Secretary shall transmit to Congress peri-
odic reports concerning the status of the program and any 
recommendations on improving the content and implementa-
tion of the Federal Manual for Identif3dng and Delineating 
Jurisdictional Wetlands. 
104 STAT. 4638 
PUBLIC LAW 101-640—NOV. 28, 1990 
33 use 2318. 
SEC. 308. FLOOD PLAIN MANAGEMENT. 
(a) BENEFIT-COST ANALYSIS.—The Secretary shall not include in 
the benefit base for justifying Federal flood damage reduction 
projects— 
(1)(A) any new or substantially improved structure (other 
than a structure necessary for conducting a water-dependent 
activity) built in the 100-year flood plain with a first floor 
elevation less than the 100-year flood elevation after July 1, 
1991;or 
(B) in the case of a county substantially located within the 
100-year flood plain, any new or substantially improved struc-
ture (other than a structure necessary for conducting a water-
dependent activity) built in the 10-year flood plain after July 1, 
1991; and 
(2) any structure which becomes located in the 100-year flood 
plain with a first floor elevation less than the 100-year flood 
elevation or in the 10-year flood plain, as the case may be, by 
virtue of constrictions placed in the flood plain after July 1, 
1991. 
(b) COUNTIES SUBSTANTIALLY LOCATED WITHIN 100-YEAR FLOOD 
PLAIN.—For the purposes of subsection (a), a county is substantially 
located within the 100-year flood plain— 
(1) if the county is comprised of lands of which 50 percent or 
more are located in the 100-year flood plain; and 
(2) if the Secretary determines that application of the require-
ment contained in subsection (a)(1)(A) with respect to the county 
would unreasonably restrain continued economic development 
or unreasonably limit the availability of needed flood control 
measures. 
Reports. 
(c) CosT SHARING.—Not later than January 1, 1992, the Secretary 
shall transmit to Congress a report on the feasibility and advisabil-
ity of increasing the non-Federal share of costs for new projects in 
areas where new or substantially improved structures and other 
constrictions are built or placed in the 100-year flood plain or the 10-
year flood plain, as the case may be, after the initial date of the 
affected governmental unit's entry into the regular program of the 
national flood insurance program of the National Flood Insurance 
Act of 1968. 
(d) REGULATIONS.—Not later than 6 months after the date on 
which a report is transmitted to Congress under subsection (b), the 
Secretary, in consultation with the Director of the Federal Emer-
gency Management Agency, shall issue regulations to implement 
subsection (a). Such regulations shall define key terms, such as new 
or substantially improved structure, constriction, 10-year flood 
plain, and 100-year flood plain. 
(e) APPUCABILITY.—The provisions of this section shall not apply 
to any project, or separable element thereof, for which a final report 
of the (Dhief of Engineers has been forwarded to the Secretary before 
the last day of the 6-month period beginning on the date on which 
regulations are issued pursuant to subsection (a) but not later than 
July 1,1993. 
33 use 426e 
SEC. 309. SHORELINE PROTECTION. 
Reports. 
^®* later than 1 year after the date of the enactment of this Act, 
the Secretary shall transmit to Congress a report on the advisability 
of not participating in the planning, implementation, or mainte-
nance of any beach stabilization or renourishment project involving 
PUBLIC LAW 101-640~NOV. 28, 1990 
104 STAT. 4639 
Federal funds unless the State in which the proposed project will be 
located has established or committed to establish a beach front 
management program that includes— 
(1) restrictions on new development seaward of an erosion 
setback line (based on preproject beach size) of at least 30 times 
the annual erosion rate; 
(2) restrictions on construction of new structural stabilization 
projects, such as seawalls and groins, and their reconstruction if 
damaged by 50 percent or more; 
(3) provisions for the relocation of structures in erosion-prone 
areas; 
(4) provisions to assure public access to beaches stabilized or 
renourished with Federal funds after January 1, 1991; and 
(5) such other provisions as the Secretary may prescribe by 
regulation to prevent hazardous or environmentally damaging 
shoreline development. 
SEC. 310. RESERVOIR MANAGEMENT. 
33 USC 2319. 
(a) TECHNICAL ADVISORY COMMITTEE.—Not later than 2 years after 
the date of the enactment of this Act, the Secretary shall establish 
for major reservoirs under the jurisdiction of the Corps of Engineers 
a technical advisory committee to provide to the Secretary and 
Corps of Engineers recommendations on reservoir monitoring and 
options for reservoir research. The Secretary shall determine the 
membership of the committee, except that the Secretary may not 
appoint more than 6 members and shall ensure a predominance of 
members with appropriate academic, technical, or scientific quali-
fications. Members shall serve without pay, and the Secretary shall 
provide any necessary facilities, staff, and other support services in 
accordance with the Federal Advisory Committee Act (5 U.S.C. App. 
1 et seq.). 
Qji) PuBUC PARTICIPATION.—The Secretary shall ensure that, in 
developing or revising reservoir operating manuals of the Corps of 
Engineers, the Corps shall provide significant opportunities for 
public participation, including opportunities for public hearings. 
The Secretary shall issue regulations to implement this subsection. Regulations, 
including a requirement that all appropriate informational mate-
rials relating to proposed management decisions of the Corps be 
made available to the public sufficiently in advance of public hear-
ings. Not later than January 1, 1992, the Secretary shall transmit to Reports. 
Congress a report on measures taken pursuant to this subsection. 
SEC. 311. RESERVOIR PROJECT OPERATIONS. 
(a) STUDY.—The Secretary shall conduct a study of the operations 
of reservoir projects which are under the jurisdiction of the 
Secretary— 
(1) to identify the purposes for which each such project is 
authorized; and 
(2) to identify the purposes for which each such project is 
being operated. 
0)) REPORT.—Not later than 6 months after the date of the enact-
ment of this Act, the Secretary shall transmit to Congress a report 
on the results of the study conducted under subsection (a). 
SEC. 312. ENVIRONMENTAL DREDGING. 
(a) OPERATION AND MAINTENANCE OF NAVIGATION PROJECTS.— 
Whenever necessary to meet the requirements of the Federal Water 
33 USC 1252 
note. 
104 STAT. 4640 
PUBLIC LAW 101-640—NOV. 28, 1990 
Pollution Control Act, the Secretary, in consultation with the 
Administrator of the Environmental Protection Agency, may 
remove, as part of operation and maintenance of a navigation 
project, contaminated sediments outside the boundaries of and adja-
cent to the navigation channel. 
(b) NoNPROJECT SPECIFIC.— 
(1) IN GENERAL.—The Secretary may remove contaminated 
sediments from the navigable waters of the United States for 
the purpose of environmental enhancement and water quality 
improvement if such removal is requested by a non-Federal 
sponsor and the sponsor agrees to pay 50 percent of the cost of 
such removal. 
(2) MAXIMUM AMOUNT.—The Secretary may not expend more 
than $10,000,000 in a fiscal year to carry out this subsection. 
(c) JOINT PLAN REQUIREMENT.—The Secretary may only remove 
contaminated sediments under subsection Oa) in accordance with a 
joint plan developed by the Secretary and interested Federal, State, 
and local government officials. Such plan must include an oppor-
tunity for public comment, a description of the work to be under-
taken, the method to be used for dredged material disposal, the roles 
and responsibilities of the Secretary and non-Federal sponsors, and 
identification of sources of funding. 
(d) DISPOSAL COSTS.—Costs of disposal of contaminated sediments 
removed under this section shall be a non-Federal responsibility. 
(e) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing in this 
section shall be construed to affect the rights and responsibilities of 
any person under the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980. 
(f) TERMINATION DATE.—This section shall not be effective after 
the last day of the 5-year period beginning on the date of the 
enactment of this Act; except that the Secretary may complete any 
project commenced under this section on or before such last day. 
33 use 2320. 
SEC. 313. PROTECTION OF RECREATIONAL AND COMMERCIAL USES. 
(a) GENERAL RULE.—In planning any water resources project, the 
Secretary shall consider the impact of the project on existing and 
future recreational and commercial uses in the area surrounding 
the project. 
(b) MAINTENANCE.—Whenever the Secretary maintains, repairs, 
rehabilitates, or reconstructs a water resources project which will 
result in a change in the configuration of a structure which is a part 
of such project, the Secretary, to the maximum extent practicable, 
shall carry out such maintenance, repair, rehabilitation, or re-
construction in a manner which will not adversely affect any rec-
reational use established with respect to such project before the date 
of such maintenance, repair, rehabilitation, or reconstruction. 
(c) MITIGATION.— 
(1) IN GENERAL.—If maintenance, repair, rehabilitation, or 
reconstruction of a water resources project by the Secretary 
results in a change in the configuration of any structure which 
is a part of such project and has an adverse effect on a rec-
reational use established with respect to such project before the 
date of such maintenance, repair, rehabilitation, or reconstruc-
tion, the Secretary, to the maximum extent practicable, shall 
take such actions as may be necessary to restore such rec-
reational use or provide alternative opportunities for com-
parable recreational use. 
PUBLIC LAW 101-640—NOV. 28, 1990 
104 STAT. 4641 
(2) MAXIMUM AMOUNT.—The Secretary may not expend more 
than $2,000,000 in a fiscal year to carry out this subsection. 
(3) TERMINATION DATE.—This subsection shall not be effective 
after the last day of the 5-year period beginning on the date of 
the enactment of this Act; except that the Secretary may com-
plete any restoration commenced under this subsection on or 
before such last day. 
(d) APPLICABILITY.— 
(1) GENERAL RULE.—Subsections (b) and (c) shall apply to 
maintenance, repair, rehabilitation, or reconstruction for which 
physical construction is initiated after May 1,1988. 
(2) LIMITATION.—Subsections 0)) and (c) shall not apply to any 
action of the Secretary which is necessary to discontinue the 
operation of a water resources project. 
(e) C!OST SHARING.—Costs incurred by the Secretary to carry out 
the objectives of this section shall be allocated to recreation and 
shall be payable by the beneficiaries of the recreation. 
SEC. 314. OPERATION AND MAINTENANCE OF HYDROELECTRIC FACILI- 
33 USC 2321. 
TIES. 
Activities currently performed by personnel under the direction of 
the Secretary in connection with the operation and maintenance of 
hydroelectric power generating facilities at Corps of Engineers 
water resources projects are to be considered as inherently govern-
mental functions and not commercial activities. This section does 
not prohibit contracting out major maintenance or other functions 
which are currently contracted out or studying services not directly 
connected with project maintenance and operations. 
SEC. 315. MATTERS TO BE ADDRESSED IN PLANNING. 
Section 904 of the Water Resources Development Act of 1986 (33 
U.S.C. 2281) is amended by inserting "(including preservation and 
enhancement of the environment)" after "environment". 
SEC. 316. HARBOR MAINTENANCE TRUST FUND AMENDMENT. 
Section 21(KaX2) of the Water Resources Development Act of 1986 
(33 U.S.C. 2238) is amended by striking "not more than 40 percent" 
and inserting "up to 100 percent". 
SEC. 317. SINGLE ENTITIES. 
For purposes of Federal participation in water resource develop-
ment projects which are to be carried out by the Secretary, benefits 
which are to be provided to a facility owned by a State (including the 
District of Columbia and a territory or possession of the United 
States), county, municipality, or other public entity shall not be 
treated as benefits to be provided a single owner or single entity. 
The Secretary shall not treat such a facility as a single owner or 
single entity for any purpose. 
SEC. 318. TECHNICAL ASSISTANCE TO PRIVATE ENTITIES. 
33 USC 2323. 
(a) USE OF CORPS RESEARCH AND DEVELOPMENT LABS.—The Sec- Territories, 
retary is authorized to use Corps of Engineers research and develop-
ment laboratories to provide research and development assistance to 
corporations, partnerships, limited partnerships, consortia, public 
and private foundations, universities, and nonprofit organizations 
operating within the United States, territories or possessions of the 
United States, and the Commonwealths of Puerto Rico and the 
Northern Mariana Islands— 
33 USC 2322. 
District of 
Columbia. 
104 STAT. 4642 
PUBLIC LAW 101-640—NOV. 28, 1990 
(1) if the entity furnishes in advance of fiscal obligation by the 
United States such funds as are necessary to cover any and all 
costs of such research and development assistance; 
(2) if the Secretary determines that the research and develop-
ment assistance to be provided is within the mission of the 
Corps of Engineers and is in the public interest; 
(3) if the entity has certified to the Secretary that provision of 
such research and development assistance is not otherwise 
reasonably and expeditiously obtainable from the private sector; 
and 
(4) if the entity has agreed to hold and save the United States 
free from any damages due to any such research and develop-
ment assistance. 
(b) CONTRACT.—The Secretary may provide research and devel-
opment assistance under subsection (a), or any part thereof, by 
contract. 
(c) TECHNICAL ASSISTANCE PROGRAM.—Section 9 of the Water 
33 use 2314a. 
Resources Development Act of 1988 (102 Stat. 4024; 33 U.S.C. 2314 
note) is amended— 
(1) in the section heading by striking "DEMONSTRATION"; 
(2) in the first sentence of subsection (a) by striking "to 
undertake a demonstration program for a 2-year period, which 
shall begin within 6 months after the date of the enactment of 
this Act,"; 
(3) by striking subsection (d); and 
(4) by redesignating subsection (e), and any reference thereto, 
as subsection (d). 
SEC. 319. FEES FOR DEVELOPMENT OF STATE WATER PLANS. 
Section 22 of the Water Resources Development Act of 1974 (42 
U.S.C. 1962d-16), is amended— 
(1) by redesignating subsections (b) and (c), and any reference 
thereto, as subsections (c) and (d), respectively; and 
(2) by inserting after subsection (a) the following new sub-
section: 
"(b) FEES.— 
"(1) ESTABUSHMENT AND COLLECTION.—For the purpOSO of 
recovering 50 percent of the total cost of providing assistance 
pursuant to this section, the Secretary of the Army is au-
thorized to establish appropriate fees, as determined by the 
Secretary, and to collect such fees from States and other non-
Federal public bodies to whom assistance is provided under this 
section. 
"(2) PHASE-IN.—The Secretary shall phase in the cost sharing 
program under this subsection by recovering— 
"(A) approximately 10 percent of the total cost of provid-
ing assistance in fiscal year 1991; 
"(B) approximately 30 percent of the total cost in fiscal 
year 1992; and 
"(C) approximately 50 percent of the total cost in fiscal 
year 1993 and each succeeding fiscal year. 
"(3) DEPOSIT AND USE.—Fees collected under this subsection 
shall be deposited into the account in the Treasury of the 
United States entitled, 'Contributions and Advances, Rivers and 
Harbors, Corps of Engineers (8862)' and shall be available until 
expended to carry out this section.". 
PUBLIC LAW 101-640—NOV. 28, 1990 
104 STAT. 4643 
SEC. 320. CABIN SITE LEASES. 
Section 1134(d) of the Water Resources Development Act of 1986 
(100 Stat. 4251) is amended by inserting "cabin or trailer and" after 
16 USC 460d 
"lawfully installed dock or". 
no*®. 
SEC. 321. INFORMATION ON FLOODS AND FLOOD DAMAGES. 
Section 206 of the Flood Control Act of 1960 (74 Stat. 500, 6S U.S.C. 
709a), is amended— 
(1) by redesignating subsection (b), and any reference thereto, 
as subsection (c); and 
(2) by inserting after subsection (a) the following new sub-
section: 
"(b) FEES.—The Secretary of the Army is authorized to establish 
and collect fees from Federal agencies and private persons for the 
purpose of recovering the cost of providing services pursuant to this 
section. Funds collected pursuant to this section shall be deposited 
into the account of the Treasury of the United States entitled 
'Contributions and Advances, Rivers and Harbor, Corps of Engi-
neers (8862)' and shall be available until expended to carry out this 
section. No fees shall be collected from State, regional, or local 
governments or other non-Federal public agencies for services pro-
vided pursuant to this section.". 
SEC. 322. REDUCED PRICING FOR CERTAIN WATER SUPPLY STORAGE. 
33 USC 2324. 
(a) PROVISION OF STORAGE SPACE.—If a low income community 
requests the Secretary to provide water supply storage space in a 
water resources development project operated by the Secretary and 
if the amount of space requested is available or could be made 
available through reallocation of water supply storage space in the 
project or through modifications to operation of the project, the 
Secretary may provide such space to the community at a price 
determined under subsection (c). 
(b) 
MAXIMUM AMOUNT OF STORAGE SPACE.—The maximum 
amount of water supply storage space which may be provided to a 
community under this section may not exceed an amount of water 
supply storgige space sufficient to yield 2,000,000 gallons of water per 
day. 
(c) PRICE.—The Secretary shall provide water supply storage space 
under this section at a price which is the greater of— 
(1) the updated construction cost of the project allocated to 
provide such amount of water supply storage space or $100 per 
acre foot of storage space, whichever is less; and 
(2) the value of the benefits which are lost as a result of 
providing such water supply storage space. 
(d) DETERMINATIONS.—For purposes of subsection (c), the deter-
minations of updated construction costs and value of benefits lost 
shall be made by the Secretary on the basis of the most recent 
information available. 
(e) 
INFLATION ADJUSTMENT OF DOLLAR AMOUNT.—The 
$100 
amount set forth in subsection (c) shall be adjusted annually by the 
Secretary for changes in the Consumer Price Index of All Urban 
Consumers published by the Bureau of Labor Statistics. 
(f) NON-FEDERAL RESPONSIBILITIES.—Nothing in this section shall 
be construed as affecting the responsibility of non-Federal interests 
to provide operation and maintenance costs assigned to water 
supply storage provided under this section. 
104 STAT. 4644 
PUBLIC LAW 101-640—NOV. 28, 1990 
(g) Low INCOME COMMUNITY DEFINED.—The term "low income 
community" means a community with a population of less than 
20,000 which is located in a county with a per capita income less 
than the per capita income of two-thirds of the counties in the 
United States. 
TITLE IV—MISCELLANEOUS PROVISIONS 
33 u s e 1268 
SEC. 401. GREAT LAKES REMEDIAL ACTION PLANS. 
(a) ASSISTANCE.—The Secretary is authorized to provide technical, 
planning, and engineering assistance to States and local govern-
ments in the development and implementation of remedial action 
plans for areas of concern in the Great Lakes identified under the 
Great Lakes Water Quality Agreement of 1978. Non-Federal in-
terests shall contribute 50 percent of the costs of such assistance. 
Qo) MAXIMUM AMOUNT.—The Secretary may not expend more 
than $3,000,000 in a fiscal year to carry out this section. 
SEC. 
4
0
2
. 
CROSS 
FLORIDA 
BARGE 
CANAL. 
Section 1114 of the Water Resources Development Act of 1986 (16 
U.S.C. 460tt; 100 Stat. 4232) is amended to read as follows: 
"SEC. 1114. CROSS FLORIDA BARGE CANAL. 
"(a) DEAUTHORIZATION.—The barge canal project located between 
the Gulf of Mexico and the Atlantic Ocean (hereinafter in this 
section referred to as the 'project'), as described in the Act of 
July 23,1942 (56 Stat. 703), shall be deauthorized by operation of law 
immediately upon the Governor and Cabinet of the State of Florida 
adopting a resolution specifically agreeing on behalf of the State of 
Florida (hereinafter in this section referred to as the 'State') to all of 
the terms of the agreement prescribed in subsection (b). 
Intergovernmental 
"(b) TRANSFER OF PROJECT LANDS.—Notwithstanding any other 
relations. 
provision of law, the Secretary is, subject to the provisions of 
subsections (d) and (e), directed to transfer to the State all lands and 
interests in lands acquired by the Secretary and facilities completed 
for the project in subsection (a), without consideration, if the State 
agrees to each of the following: 
Claims. 
"(1) The State shall agree to hold the United States harmless 
from all claims arising from or through the operations of the 
lands and facilities conveyed by the United States. 
Recreation and 
"(2) The State shall agree to preserve and maintain a green-
recreation areas. 
^^y corridor which shall be open to the public for compatible 
recreation and conservation activities and which shall be 
continuous, except for areas referred to in subparagraphs (A) 
and (C) of this paragraph, along the project route over lands 
acquired by the Secretary or by the State or State Canal 
Authority, or lands acquired along the project route in the 
future by the State or State Canal Authority, to the maximum 
width possible, as determined in the management plan to be 
developed by the State for former project lands. Such greenway 
corridor shall not be less than 300 yards wide, except for the 
following areas: 
"(A) Any area of the project corridor where, as of the date 
of the enactment of this subparagraph, no land is owned by 
the State or State Canal Authority. 
PUBLIC LAW 101-640—NOV. 28, 1990 
104 STAT. 4645 
"(B) Any area of the project corridor where, as of the date 
of the enactment of this subparagraph, the land owned by 
the State or State Canal Authority is less than 300 yards 
wide. 
"(C) Any area of the project corridor where a road or 
bridge crosses the project corridor. 
"(3) Consistent with paragraph (2) of this subsection, the State 
shall create a State park or conservation/recreation area in the 
lands and interests in lands acquired for the project l3dng 
between the Atlantic Ocean and the western boundaries of 
sections 20 and 29, township 15 south, range 23 east. 
"(4) The State shall agree, consistent with paragraphs (2), (5) 
and (6) of this subsection, to preserve, enhance, interpret, and 
m a n ^ e the water and related land resources of the area 
containing cultural, fish and wildlife, scenic, and recreational 
values in the remaining lands and interests in land acquired for 
the project, l3dng west of sections 20 and 29, township 15 south, 
range 23 east, as determined by the State, for the benefit and 
enjoyment of present and future generations of people and the 
development of outdoor recreation. 
"(5) The State shall agree to pay, from the assets of the State 
Canal Authority and the Cross Florida Canal Navigation Dis-
trict, including revenues from the sale of former project lands 
declared surplus by the State management plan, to the counties 
of Citrus, Clay, Duval, Levy, Marion, and Putnam a minimum 
aggregate sum of $32,000,000 in cash or, at the option of the 
counties, pajmtient to be made by conveyance of surplus former 
project lands selected by the State at current appraised values. 
"(6) The State shall agree to provide that, after repayment of 
all sums due to the counties of Citrus, Clay, Duval, Levy, 
Marion, and Putnam, the State may use any remaining funds 
generated from the sale of former project lands declared surplus 
by the State to acquire the fee title to lands along the project 
route as to which less than fee title was obtained, or to purchase 
privately owned lands, or easements over such privately owned 
lands, lying within the proposed project route, consistent with 
paragraphs (2), (3), and (4) of this subsection, according to such 
priorities as are determined in the management plan to be 
developed by the State for former project lands. Any remaining 
funds generated from the sale of former project lands declared 
surplus by the State shall be used for the improvement and 
management of the greenway corridor consistent with para-
graphs (2), (3), and (4) of this subsection. 
'(c) ENFORCEMENT.— 
"(1) REMEDIES AND JURISDICTION.—The United States is 
directed to vigorously enforce the agreement referred to in 
subsections (a) and (b) in the courts of the United States and 
shall be entitled to any remedies in equity or law, including, 
without limitation, injunctive relief. The court, in issuing any 
final order in any suit brought pursuant to this subsection, may, 
in its discretion, award costs of litigation (including reasonable 
attorney and expert witness fees) to any prevailing party. The 
United States district courts shall have original and exclusive 
jurisdiction of any action under this subsection. 
"(2) STATE REMEDIES.—The State shall be entitled to the same 
remedies listed in paragraph (1) of this subsection in the courts 
of the State or of the United States. 
National parks. 
Recreation and 
recreation areas. 
Courts. 
104 STAT. 4646 
PUBLIC LAW 101-640—NOV. 28, 1990 
33 u s e 2232 
note. 
Cooperative 
agreements. 
Cargo vessels. 
Passenger 
vessels. 
"(d) TIME OF TRANSFER.—Actual transfer of lands and manage-
ment responsibilities under this section shall not occur on the 
constructed portions of the project lying between the Atlantic Ocean 
and the Eureka Lock and Dam, inclusive, and between the Gulf of 
Mexico and the Inglis Lock and Dam, inclusive, until the last day of 
the 24-month period beginning on the date of the enactment of the 
Water Resources Development Act of 1990. 
"(e) MANAGEMENT PENDING TRANSFER.—In the 24-month period 
following the date of the enactment of the Water Resources Develop-
ment Act of 1990, the Secretary shall carry out any and all pro-
grammed maintenance on the portions of the project outlined in 
subsection (d). 
"(f) SURVEY.—The exact acreage and legal description of the real 
property to be transferred pursuant to this section shall be deter-
mined by a survey which is satisfactory to the Secretary and to the 
State. The cost of such survey shall be borne by the State.". 
SEC. 
4
0
3
. 
WAPPINGERS 
LAKE 
AND 
LAKE 
GEORGE, 
NEW 
YORK. 
Section 602(a) of the Water Resources Development Act of 1986 
(100 Stat. 4148-49) is amended— 
(1) by striking "and" at the end of paragraph (8); 
(2) by striking the period at the end of paragraph (9) and 
inserting a semicolon; and 
(3) by adding at the end the following new paragraphs: 
"(10) Wappingers Lake, New York, for removal of silt and 
aquatic growth; and 
"(11) Lake George, New York, for removal of silt and aquatic 
growth, stump removal, and the control of pollution.". 
SEC. 404. DEMONSTRATION OF CONSTRUCTION OF FEDERAL PROJECT BY 
NON-FEDERAL INTERESTS. 
(a) IN GENERAL.—For purposes of demonstrating the safety bene-
fits and economic efficiencies which would accrue as a consequence 
of non-Federal management of harbor improvement projects, the 
Secretary shall enter into agreements with 2 non-Federal interests 
pursuant to which the non-Federal interests will undertake part or 
all of a harbor project authorized by law, by utilizing their own 
personnel or by procuring outside services, if the cost of doing so will 
not exceed the cost of the Secretary undertaking the project. If 
proposals for such agreements meet the criteria of section 204 of the 
Water Resources Development Act of 1986, the agreements shall be 
entered into not later than 1 year after the date of the enactment of 
this Act. 
(b) LIMITATION.—At least 1 project carried out pursuant to this 
section shall pertain to improvements to a major ship channel which 
carries a substantial volume of both passenger and cargo traffic. 
(c) REPORT.—The Secretary shall transmit to Congress a report 
regarding the safety benefits and economic efficiencies accrued from 
entering into agreements with non-Federal interests under this 
section. 
SEC. 405. UPPER MISSISSIPPI RIVER PLAN. 
Section 1103 of the Water Resources Development Act of 1986 (33 
U.S.C. 652) is amended— 
(1) in paragraph (e)(2) by striking "ten" and inserting "15"; 
(2) in paragraph (e)(3) by striking "eight" and inserting "13"; 
(3) in paragraph (e)(4) by striking "nine" and inserting "14"; 
PUBLIC LAW 101-640—NOV. 28, 1990 
104 STAT. 4647 
(4) in paragraph (e)(5) by striking "seven" and inserting "12"; 
and 
(5) in paragraph (f)(2)(A) by striking "ten" and inserting "15". 
SEC. 406. CONSTRUCTION OF VIRGIN ISLANDS PROJECTS BY SECRETARY 
48 USC 1405c 
OF THE ARMY. 
note. 
(a) GENERAL RULE.—Upon request of the Governor of the Virgin 
Islands with respect to a construction project in the Virgin Islands 
for which Federal financial assistance is available under any law of 
the United States, the Federal official administering such assistance 
may make such assistance available to the Secretary instead of the 
Virgin Islands. The Secretary shall use such assistance to carry out 
such project in accordance with the provisions of such law. 
(b) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing in this 
section shall be construed as relieving the Virgin Islands from 
complying with any requirements for non-Federal cooperation with 
respect to a construction project carried out with Federal financial 
assistance provided to the Secretary pursuant to this section; except 
that the Secretary shall be responsible for complying with adminis-
trative and fiscal requirements associated with utilization of such 
assistance. 
(c) TERMINATION DATE.—Subsection (a) shall not be effective after 
the last day of the 3-year period beginning on the date of the 
enactment of this Act; except that the Secretary shall complete 
construction of any project commenced under subsection (a) before 
such day. 
SEC. 407. VIRGINIA BEACH, VIRGINIA. 
(a) LOCAL COOPERATION AGREEMENT EFFECTIVE DATE.—The Sec-
retary shall enter into a local cooperative agreement with the city of 
Virginia Beach, Virginia, for beach nourishment in accordance with 
section 145 of the Water Resources Development Act of 1976 (33 
U.S.C. 426j). The local cooperation agreement shall be effective from 
February 6,1987. 
(b) REIMBURSEMENT.—The Secretary is authorized to reimburse 
the city of Virginia Beach for the Federal share of beach nourish-
ment in accordance with section 103(c)(5) of the Water Resources 
Development Act of 1986. 
SEC. 408. DECLARATION OF NONNAVIGABILITY FOB PORTIONS OF LAKE 
33 USC 59bb. 
ERIE. 
(a) AREA TO BE DECLARED NONNAVIGABLE; PUBLIC INTEREST.— 
Unless the Secretary finds, after consultation with local and re-
gional public officials (including local and regional public planning 
organizations), that the proposed projects to be undertaken within 
the boundaries of Lake Erie described in Committee Print 101-48 of 
the Committee on Public Works and Transportation of the House of 
Representatives, dated July 1990, are not in the public interest then, 
subject to subsections (b) and (c) of this section, those portions of 
Lake Erie, bounded and described in such Committee print, are 
declared to be nonnavigable waters of the United States. 
(b) LIMITS ON APPLICABILITY; REGULATORY REQUIREMENTS.—The 
declaration under subsection (a) shall apply only to those parts of 
the areas described in the Committee print referred to in subsection 
(a) which are or will be bulkheaded and filled or otherwise occupied 
by permanent structures, including marina facilities. All such work 
is subject to all applicable Federal statutes and regulations includ-
39-194 O - 91 - 9 : QL 3 Part 6 
104 STAT. 4648 
PUBLIC LAW 101-640—NOV. 28, 1990 
ing, but not limited to, sections 9 and 10 of the Act of March 3, 1899 
(30 Stat. 1151; 33 U.S.C. 401 and 403), commonly known as the 
Rivers and Harbors Appropriations Act of 1899, section 404 of the 
Federal Water Pollution Control Act, and the National Environ-
mental Policy Act of 1969. 
(c) EXPIRATION DATE.—If, 20 years from the date of the enactment 
of this Act, any area or part thereof described in the Committee 
print referred to in subsection (a) is not bulkheaded or filled or 
occupied by permanent structures, including marina facilities, in 
accordance with the requirements set out in subsection Qo), or if 
work in connection with any activity permitting in subsection G)) is 
not commenced within 5 years after issuance of such permits, then 
the declaration of nonnavigability for such area or part thereof shall 
expire. 
33 use 2317 
SEC. 409. WETLANDS ENHANCEMENT OPPORTUNITIES. 
Not later than January 20, 1992, the Secretary shall transmit to 
Congress a list which specifically identifies opportunities of enhanc-
ing wetlands in connection with construction and operation of water 
resource projects. 
SEC. 410. RAYSTOWN LAKE, PENNSYLVANIA. 
The Secretary shall submit to Congress for approval any proposed 
changes in the allocation of storsige for the Raystown Lake project, 
Pennsylvania, which result from the on-going Raystown Lake 
reallocation study undertaken by the District Engineer for the 
Baltimore District. Pending submission to and approval by Congress 
of the results of the study, the Secretary may not reallocate storage 
at the project. 
SEC. 
4
1
1
. 
ONONDAGA 
LAKE, 
NEW 
YORK. 
(a) MANAGEMENT CONFERENCE.—The Assistant Secretary of the 
Army for Civil Works, the Administrator of the Environmental 
Protection Agency, and the Governor of the State of New York, 
acting jointly, shall convene a mansigement conference for the 
restoration, conservation, and management of Onondaga Lake, New 
York. The purposes of the management conference shall include— 
(1) the development, in the 2-year period beginning on the 
date of the enactment of this Act, of a comprehensive restora-
tion, conservation, and management plan for Onondaga Lake 
that recommends priority corrective actions and compliance 
schedules for the cleanup of such lake; and 
(2) the coordination of the implementation of such plan by the 
State of New York, the Army Corps of Engineers, the Environ-
mental Protection Agency, and all local agencies, governments, 
and other groups participating in such management conference. 
(b) ADMINISTRATIVE PROVISIONS.— 
(1) MEMBERSHIP.—The members of the management con-
ference shall include, at a minimum, the Assistant Secretary of 
the Army for Civil Works, the Administrator of the Environ-
mental Protection Agency, the Governor of the State of New 
York, and representatives o
f
— 
(A) the attorney general of the State of New York; 
(B) Onondaga County, New York; and 
(C) the city of Syracuse, New York. 
(2) 
DESIGNATED 
REPRESENTATIVE.—Any 
member 
of 
the 
management conference may designate a representative to 
PUBLIC LAW 101-640—NOV. 28, 1990 
104 STAT. 4649 
attend meetings of the management conference and otherwise 
represent such member on the management conference. 
(3) Ex OFFICIO MEMBERS.—The management conference shall 
have ex officio members which shall include, at a minimum— 
(A) the United States Senators from the State of New 
York; and 
(B) each member of the United States House of Rep-
resentatives within whose congressional district any por-
tion of Onondaga Lake lies. 
(4) STANDING 
COMMITTEES.—The management 
conference 
shall have standing committees which shall include, at a mini-
mum— 
(A) a Citizens Advisory Committee; and 
(B) a Technical Review Committee. 
(c) REQUIRED ACTIONS UPON PLAN COMPLETION.— 
(1) APPROVAL.—Not later than 120 days after the completion 
of the plan developed pursuant to subsection (a) and after 
providing for public review and comment, the Assistant Sec-
retary of the Army for Civil Works and the Administrator of the 
Environmental Protection Agency shall approve such plan if 
such plan meets the requirements of this section and if the 
Governor of the State of New York concurs in such approval. 
(2) IMPLEMENTATION.—Upon approval of the plan under this 
subsection, such plan shall be implemented. 
(d) GRANTS.— 
(1) IN GENERAL.—The Assistant Secretary of the Army for 
Civil Works and the Administrator of the Environmental 
Protection Agency are authorized to make grants to the State of 
New York to perform activities authorized under this section or 
to contract for such performance. Such grants may not exceed 
70 percent of the costs of such activities and the non-Federal 
share of such costs shall be provided by non-Federal sources. 
Administrative services for the development and implementa-
tion of the plan approved pursuant to subsection (a) shall be 
provided by a not-for-profit corporation established for the pur-
pose of assisting with the planning and coordination of the 
cleanup of Onondaga Lake. 
(2) USE OF GRANTS.—To carry out this section, the Governor of 
the State of New York may, using funds made available pursu-
ant to paragraph (1), make grants for— 
(A) research, surveys, administrative services, and studies 
approved by the management conference as necessary for 
the development of the plan under this section; 
(B) other activities, including administrative services, 
that are approved by the management conference and are 
necessary to implement the plan approved by the manage-
ment conference pursuant to subsection (a); and 
(C) gathering data and retaining expert consultants in 
support of litigation undertaken by the State of New York 
to compel cleanup or obtain cleanup and damage costs from 
parties responsible for the pollution of Onondaga Lake, 
including administrative services. 
(3) IN-KIND PAYMENTS.—In-kind payments shall qualify for the 
purpose of meeting the total non-Federal matching require-
ments of this subsection. 
(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 
be appropriated to the Secretary and the Administrator of the 
104 STAT. 4650 
PUBLIC LAW 101-640—NOV. 28, 1990 
Environmental Protection Agency such sums as may be necessary to 
carry out this section. 
(f) EFFECT ON LIABIUTY.—Grants made under this section shall not 
relieve from liability any person who would otherwise be liable 
under Federal or State law for damages, response costs, natural 
resource damages, restitution, equitable relief, or any other relief. 
33 use 2239 
SEC. 412. ALTERNATIVES TO MUD DUMP SITE FOR DISPOSAL OF 
note. 
DREDGED MATERIAL. 
(a) REPORT.—Within 90 days after the date of the enactment of 
this Act, the Administrator of the Environmental Protection Agency 
shall submit to the Congress a final report on the feasibility of 
designating an alternative site to the Mud Dump Site at a distance 
not less than 20 miles from the shoreline. 
New York. 
(b) PLAN.—Within 180 days after the date of the enactment of this 
New Jersey. 
^^.^^ ^j^g Secretary and the Administrator of the Environmental 
Protection Agency shall submit to Congress a plan for the long-term 
management of dredged material from the New York/New Jersey 
Harbor region. The plan shall include— 
(1) an identification of the source, quantities, and characteris-
tics of material to be dredged; 
(2) a discussion of potential alternative sites for disposal of 
dredged material, including the feasibility of altering the 
boundaries of the Mud Dump Site; 
(3) measures to reduce the quantities of dredged material 
proposed for ocean disposal; 
(4) measures to reduce the amount of contaminants in mate-
rials proposed to be dredged from the Harbor through source 
controls and decontamination technology; 
(5) a program for monitoring the physical, chemical, and 
biological effects of dumping dredged material at the Mud 
Dump Site; and 
(6) a study of the characteristics of the bottom sediments, 
including type and distribution. 
New York. 
(c) DEMONSTRATION PROJECT.—The Secretary, in consultation with 
New Jersey. 
the Administrator of the Environmental Protection Agency, shall 
implement a demonstration project for disposing on an annual basis 
up to 10 percent of the material dredged from the New York/New 
Jersey Harbor region in an environmentally sound manner other 
than by ocean disposal. Environmentally sound alternatives may 
include, among others, capping of borrow pits, construction of a 
containment island, application for landfill cover, habitat restora-
tion, and use of decontamination technology. 
(d) MUD DUMP SITE DEFINED.—For purposes of this section, the 
term "Mud Dump Site" means the area located approximately 5% 
miles east of Sandy Hook, New Jersey, with boundary coordinates of 
40 degrees, 23 minutes, 48 seconds North, 73 degrees, 51 minutes, 28 
seconds West; 40 degrees, 21 minutes, 48 seconds North, 73 degrees, 
50 minutes, 00 seconds West; 40 degrees, 21 minutes, 48 seconds 
North; 73 degrees, 51 minutes, 28 seconds West; and 40 degrees, 23 
minutes, 48 seconds North; 73 degrees, 50 minutes, 00 seconds West. 
(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 
be appropriated to the Secretary for fiscal year 1991, $3,000,000 to 
implement subsection (b) and $1,000,000 to implement subsection (c), 
and such sums as may be necessary for fiscal year 1992. 
(f) REPEAL.—Section 211 of the Water Resources Development Act 
of 1986 (33 U.S.C. 2239) is repealed. 
PUBLIC LAW 101-640—NOV. 28, 1990 
104 STAT. 4651 
SEC. 413. ALBEMARLE SOUND-ROANOKE RIVER BASIN, NORTH CAROLINA. 
Not later than January 1, 1992, the Secretary shall review the 
report mandated by section 5 of Public Law 100-589 with respect to 
project application 83-0747-06, make a determination of the impact 
of the project in light of such report, and take all action he deems 
appropriate, including permit modification, notwithstanding any 
construction that may have occurred. 
SEC. 414. RONDOUT CREEK AND WALLKILL RIVER, NEW YORK AND NEW 
JERSEY. 
(a) NON-FEDERAL SHARE.—If the Secretary determines that a 
design deficiency exists in the North EUenville portion of the project 
for flood control, Rondout Creek and Wallkill River and their 
tributaries, New York and New Jersey, authorized by section 203 of 
the Flood Control Act of 1962 (76 Stat. 1181), the non-Federal share 
of correcting such deficiency shall be the same as the non-Federal 
share of the project as originally authorized and constructed. 
(b) DEADLINE FOR DETERMINATION.—The Secretary must make the 
determination under subsection (a) not later than the 90th day 
following the date of the enactment of this Act. 
SEC. 415. REGULATION OF DWORSHAK DAM, IDAHO. 
(a) JOINT REPORT.—On or before January 1, 1994, or as soon 
thereafter as reasonably practicable, as part of the joint systems 
operations review by the Army Corps of Engineers, the Secretary, 
the Commissioner of the Bureau of Reclamation, and the Adminis-
trator of the Bonneville Power Administration shall issue a joint 
report to Congress on the regulation of Dworshak Dam, Idaho, 
including the following: 
(1) An analysis of the current recreational and transportation 
usage of Dworshak Reservoir and the potential for such usage 
given differing operating criteria for the dam. 
(2) Identification of the annual time period during which the 
operating criteria for Dworshak Dam has the greatest impact on 
recreational and transportation usage of the reservoir. 
(3) Recommendations for achieving to the greatest degree the 
Corps of Engineers' project purposes and suggestions for miti-
gating any adverse impacts on recreational and transportation 
usage of the Dworshak Reservoir. 
(b) PUBLIC MEETINGS.—The Secretary shall, in cooperation with 
the Administrator of the Bonneville Power Administration, conduct 
public meetings in the vicinity of Dworshak Dam, Idaho, for the 
purpose of keeping the public informed about projected drawdowns 
of Dworshak Reservoir and the reasons for such drawdowns. 
SEC. 416. SOUTHEAST LIGHT ON BLOCK ISLAND, RHODE ISLAND. 
(a) RELOCATION.—The Secretary shall relocate the Southeast Light 
on Block Island, Rhode Island, to a more suitable location on such 
island. 
(b) TERMS, CONDITIONS, AND OBLIGATIONS.—Nothing in this section 
shall be construed as relieving any person operating the Southeast 
Light on Block Island of any term, condition, or obligation to which 
such person is subject with respect to such operation on the day 
before the date of the enactment of this Act. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be 
appropriated to the Secretary to carry out this section the lesser of 
104 STAT. 4652 
PUBLIC LAW 101-640—NOV. 28, 1990 
$970,000 or 50 percent of the total cost of relocating the southeast 
light. 
33 u s e 2313 
SEC. 417. MAGNETIC LEVITATION TECHNOLOGY. 
(a) RESEARCH AND DEVELOPMENT.—The Secretary is authorized, in 
cooperation with the Secretary of Transportation, to conduct re-
search and development activities on magnetic levitation technology 
or to provide for such research and development. 
Qo) COLLABORATION.—The Secretary is authorized to collaborate 
with non-Federal entities (including State and local governments, 
colleges and universities, and corporations, partnerships, sole 
proprietorships, and trade associations which are incorporated or 
established under laws of a State or the District of Columbia) in 
carrying out research and development on magnetic levitation 
technology. 
(c) COOPERATIVE RESEARCH CONTRACTS.—In carrying out this sec-
tion, the Secretary may enter into contracts or cooperative research 
and development agreements under section 12 of the Stevenson-
Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a), except 
that the Secretary may fund up to 50 percent of the cost of each 
collaborative research and development project undertaken. 
(d) LICENSING OF RESEARCH AND DEVELOPMENT.—The research, 
development, and use of any technology developed under an agree-
ment entered into pursuant to this section, including the terms 
under which such technology may be licensed and the resulting 
royalties may be distributed, shall be subject to the provisions of the 
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 
3701-3714). In addition, the Secretary may require the non-Federal 
entity to certify that such research and development will be per-
formed substantially in the United States and that products 
embodying inventions made under an agreement entered into 
pursuant to this section or produced through the use of such inven-
tions will be manufactured substantially in the United States. 
(e) AUTHORIZATION OF APPROPRIATIONS.—For purposes of carrjdng 
out this section, there is authorized to be appropriated $1,000,000 for 
fiscal year 1990 and $4,000,000 for fiscal year 1991. Such funds shall 
remain available until expended. No funds are authorized to be 
appropriated under this section for any fiscal year beginning after 
September 30,1991. 
SEC. 418. RIVERSIDE, CALIFORNIA. 
If the holder and owner of a leasehold mineral and royalty 
interest in the existing Prado Flood Control Basin in Riverside, 
California, requests the Administrator of General Services to ex-
change such interest for excess Federal property, the Administrator 
shall acquire such interest by exchange of excess Federal property. 
Such acquisition must be completed not later than 270 days after 
the date of such request. The Administrator shall undertake an 
evaluation and appraisal of an interest to be acquired under this 
section. 
SEC. 419. BUY AMERICAN. 
(a) STUDY.—The Secretary shall conduct a study of the require-
ments of the use of materials and products produced in the United 
States as they apply to water resource projects carried out by the 
Secretary for the purpose of determining whether or not such 
requirements are meeting the objectives for which they are being 
PUBLIC LAW 101-640—NOV. 28, 1990 
104 STAT. 4653 
imposed and whether or not additional requirements are necessary 
to meet such objectives. 
(b) REVIEW.—The study under this section shall include a review 
of the application of existing requirements and a description of the 
types and amounts of domestic and foreign materials and products 
used in water resource projects administered by the Secretary. 
(c) REPORT.—Not later than 1 year after the date of the enactment 
of this Act, the Secretary shall transmit to Congress a report on the 
results of the study conducted under this section, together with 
recommendations for any modifications to requirements described 
in subsection (a). 
SEC. 420. SENSE OF CONGRESS. 
It is the sense of Congress that priority consideration will be given 
to the authorization of water resources development projects which 
are recommended by the Chief of Engineers in reports completed 
after the date of the enactment of this Act. 
SEC. 421. WOODLAWN BEACH, HAMBURG, NEW YORK. 
(a) DEMONSTRATION PROJECT.—The Administrator of the Environ-
mental Protection Agency is authorized to undertake a demonstra-
tion project to eliminate contamination of the waters in the vicinity 
of Woodlawn Beach, Hamburg, New York, from nonpoint sources of 
pollution resulting from surface runoff and septic system contami-
nation entering Rush and Blasdell Creeks. The project shall include 
control of sources of pollution, relocation of Rush and Blasdell 
Creeks, and construction of a settling pond. 
(b) NON-FEDERAL SHARE.—The non-Federal share of the cost of the 
project under this section shall be 50 percent. 
Approved November 28, 1990. 
LEGISLATIVE HISTORY—S. 2740 (H.R. 5314): 
HOUSE REPORTS: No. 101-705 accompanying H.R. 5314 (Comm. on Public Works 
and Transportation) and No. 101-966 (Comm. of Conference). 
SENATE REPORTS: No. 101-333 (Comm. on Environment and Public Works). 
CONGRESSIONAL RECORD, Vol. 136 (1990): 
Aug. 1, considered and passed Senate. 
Sept. 26, H.R. 5314 considered and passed House; S. 2740, amended, passed in 
lieu. 
Oct. 27, House and Senate agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 26 (1990): 
Nov. 28, Presidential statement.