An Act authorizing the construction, repair, and preservation of certain public works on rivers and harbors for navigation, flood control, and for other purposes.
PL 90-483 (S.3710), enacted 08/13/1968

82 STAT.] 
PUBLIC LAW 90-483-AUG. 13, 1968 
731 
Public Law 90-483 
AN ACT 
Authorizing the construction, repair, and preservation of certain public works 
on rivers and harbors for navigation, flood control, and for other purposes. 
Be it enacted by the Senate and Houne of Representatives 
of the 
United States of America in Congress assembled. 
TITLE I—RIVERS AND HARBORS 
SEC. 101. That the following works of improvement of rivers and 
harbors and other waterways for navigation, flood control, and other 
purposes are hereby adopted and authorized to be prosecuted under 
the direction of the Secretary of the Army and supervision of the Chief 
of Engineers, in accordance with the plans and subject to the condi-
tions recommended by the Chief of Engineers in the respective reports 
hereinafter designated. The provisions of section 1 of the River and 
Harbor Act approved March 2, 1945 (Public Law Numbered 14, 
Seventy-ninth Congress, first session), shall govern with respect to 
projects authorized in this title; and the procedures therein set forth 
with respect to plans, proposals, or reports for works of improvement 
for navigation or flood control and for irrigation and purposes inci-
dental thereto, shall apply as if herein set forth in full. 
August 13, 1968 
[S.3710] 
River and Harbor 
Act of 1968. 
59 Stat. 10. 
NAVIGATION 
Ipswich River, Massachusetts: House Document Numbered 265, 
Ninetieth Congress, at an estimated cost of $616,000; 
Fall River Harbor, Massachusetts and Rhode Island: House Docu-
ment Numbered 175, Ninetieth Congress, at an estimated cost of 
$8,762,000; 
Bristol Harbor, Rhode Island: Llouf^e Document Numbered 174, 
Ninetieth Congress, at an estimated cost of $87H,000; 
Port Jefferson Harlwr, New" York: House Document Numbered 277, 
Ninetieth Congress, at an estimated cost of $2,455,000; 
Hempstead Harbor, New York: House Document Numbered 101, 
Ninetieth Congress, at an estimated cost of $7();5,000; 
Cooper River, Charleston Harl)or, South Carolina: Senate Docu-
,ment Numbered 88, Ninetieth Congress, at an estimated cost of 
$35,381,000; 
Miami Harbor, Florida: Senate Document Numbered 9.3, Ninetieth 
Congress, at an estimated cost of $6,476,000; 
Gulf Intracoastal Waterway, St. Marks to Tampa Bay, Florida: 
Chief of Engineers' Report dated June 6, 1968, except that (1) not to 
exceed $40,000,000 is authorized for initiation of such project, and (2) 
construction of this project shall not be initiated until such plan is 
approved by the Secretary of the Army and the President; 
Atchafalaya River and Bayous Chene, Boeuf, and Black, Louisiana: 
House Document Numbered 155, Ninetieth Congress, at an estimated 
cost of $8,645,000; 
Red River Waterway, Louisiana, Texas, Arkansas, and Oklahoma: 
House Document Numbered 304, Ninetieth Congress, except that not to 
exceed $50,000,000 is authorized for initiation of such project; 
Mississippi River-Gulf Outlet, Michoud Canal, Louisiana: Senate 
Document Numbered 97, Ninetieth Congress, at an estimated cost of 
$1,300,000; 
Mississippi River Outlets, Venice, Louisiana: House Document 
Numbered 361, Ninetieth Congress, at an estimated cost of $4,520,000; 
Yazoo River, Mississippi: House Document Numbered 342, Nine-
tieth Congress, at an estimated cost of $52,147,000; 
732 
PUBLIC LAW 90-483-AUG. 13, 1968 
[82 STAT. 
Corpus Christi Ship Canal, Texas: Senate Document Numbered 99, 
Ninetieth Congress, at an estimated cost of $19,042,000; 
Mouth of the Colorado River, Texas: Senate Document Numbered 
102, Ninetieth Congress, at an estimated cost of $8,000,000; 
Wilson Harbor, New York: House Document Numbered 112, Nine-
tieth Congress, at an estimated cost of $198,000; 
Cattaraugus Creek Harbor, New York: House Document Numbered 
97, Ninetieth Congress, at an estimated cost of $1,315,000; 
Hamlin Beach State Park, New York: House Document Numbered 
358, Ninetieth Congress, at an estimated cost of $500,000; 
Forestville Harbor, Michigan: House Document Numbered 183, 
Ninetieth Congress, at an estimated cost of $538,000; 
Tawas Bay Harbor, Michigan: House Document Numbered 189, 
Ninetieth Congress, at an estimated cost of $466,000; 
Detroit River, Trenton Channel, Michigan: House Document Num-
bered 338, Ninetieth Congress, at an estimated cost of $31,300,000; 
Snohomish River (Everett Harbor), Washington: House Document 
Numbered 357, Ninetieth Congress, at an estimated cost of $1,108,000; 
Humboldt Harbor and Bay, California: House Document Num-
bered 330, Ninetieth Congress, at an estimated cost of $2,430,000; 
Port Hueneme, California: House Document Numbered 362, at an 
estimated cost of $1,000,000; 
Ventura Marina, California: House Document Numbered 356, at an 
estimated cost of $1,540,000; 
San Diego Harbor, California: House Document Numbered 365, 
Ninetieth Congress, at an estimated cost of $5,360,000; 
Kake Harbor, Alaska: Senate Document Numbered 70, Ninetieth 
Congress, at an estimated cost of $1,760,000; 
King Cove Harbor, Alaska: Senate Document Numbered 13, Nine-
tieth Congress, at an estimated cost of $522,000; 
Sergius and Whitestone Narrows, Alaska: Senate Document Num-
bered 95, Ninetieth Congress, at an estimated cost of $3,030,000; 
Coasts of Hawaiian Islands, Harbors for Light Draft Vessels: House 
Document Numbered 353, Ninetieth Congress, at an estimated cost of 
$1,256,000. 
BEACH EROSION 
Brevard County, Florida: House Document Numbered 352, Nine-
tieth Congress, at an estimated cost of $680,000. 
SEC. 102. The project for beach erosion control. Fort Pierce, Florida, 
authorized by the River and Harbor Act of 1965 (79 Stat. 1089,1092) 
in accordance with the recommendations of the Chief of Engineers in 
House Document Numbered 84, Eightv-ninth Congress, is hereby 
modified to provide for construction of tlie project and periodic nour-
ishment for ten years by the Secretary of the Army, acting through the 
Chief of Engineers. In addition to applicable requirements oi local 
cooperation set forth in the aforementioned report of the Chief of 
Engineers, local interests shall, prior to construction, give assurances 
satisfactory to the Secretary of the Army that they will— 
(1) contribute in cash, either in a lump sum prior to initiation 
of construction or in installments prior to the start of pertinent 
work items in accordance with construction or nourishment sched-
ules, as determined by the Chief of Engineers, all costs of initial 
construction and periodic nourishment for ten years exclusive of 
costs assigned to the Federal Government in the aforementioned 
recommendations of the Chief of Engineers; and 
(2) hold and save the United States free from damages due to 
the construction works. 
Marmet, w. va., 
Q^^ jQS. (a) That sectlou 2 of the Act entitled "An Act authorlz-
mg the Secretary of War to sell and convey to the town of Marmet, 
conveyance. 
82 STAT. ] 
PUBLIC LAW 90-483-AUG. 13, 1968 
733 
West Virginia, two tracts of land to be used for municipal purposes", 
approved July 8, 1942 (56 Stat. 651) is hereby amended by deleting 
the period after the words "related municipal purposes'' and inserting 
thereafter the phrase "including firefighting facilities and structures''. 
(b) The Secretary of the Army is authorized and directed to issue 
to the town of Marmet, West Virginia, without monetary consideration 
therefor, such written instruments as may be necessary to carry out 
the provisions of this section. 
SEC. 104. (a) That notwithstanding any other provision of law, the ^stat^«^^°f^^|^st 
Secretary of the Army or his designee, is authorized and directed to ancl'"'^' ''""^^^ 
convey to the State of West Virginia, subject to the terms and con-
ditions hereinafter stated, and to such other terms and conditions 
as the Secretary of the Army, or his designee, shall deem to be in the 
public interest, all right, title, and interest of the United States in and 
to certain real property, together with improvements thereon, located 
at Ohio River locks and dams numbered 16, 19, 20, and 21 in West 
Virginia as described in subsection (b) of this section. No property 
shall be conveyed under authority of this section until these locks 
and dams liave been determined by the Secretary to be in excess to 
(he requirements of the Department of the Army and suitable replace-
ment facilities are in operation under the Ohio River navigation 
modernization program. The Secretary may make such prior disposi-
tion of such facilities and improvements on such lands as he deems 
to be in the best interest of the United States. 
(b) The real property authorized for convey^ance by subsection (a) 
of this section comprise all or portions of such lands and improve-
ments as may be determined excess of four lock and dam projects on 
the Ohio River in the State of West Virginia and designated as, 
number 16 (Willow Island Pool) in Tyler County, numbers 19 and 20 
(Belleville Pool) in Wood County, and number 21 (Racine Pool) in 
Jackson County. The exact descriptions and acreage to be determined 
by the Secretary by accurate surveys, the cost of which is to be borne 
by the State of West Virginia. 
(c) The conveyance authorized herein shall provide that said prop- 
Putnc use. 
erty shall be used only for public park and recreation purposes and 
such other uses directly related to the programs of the West Virginia 
Department of Natural Resources, and if it ever ceases to be used for 
such purposes, title to said property shall immediately revert to the 
United States. Any deed of conveyance, shall also be subject to and J^"^^ an^ con-
include the following additional terms and conditions: 
(1) The State of West Virginia shall pay the United States as 
consideration for the conveyance 50 per centum of the current 
fair market value of the property as determined by the Secretary 
of the Army. 
(2) There shall be reserved to the United States such flowage 
easements and rights-of-way for roads and utility lines as the 
Secretary determines may be required for other navigation 
projects. 
(3) Such other restrictions, terms, and conditions as the Secre-
tary deems necessary to protect the interests of the United States. 
(d) Any moneys paid for the conveyances referred to herein shall be 
covered into the ITnited States Treasury as miscellaneous receipts. 
SEC. 105. (a) That the Secretary of the Army shall convey, without 
Buffalo, N.Y ., 
monetary consideration, to the city of Buffalo, New York, all right, """""""""'" 
title, and interest of the United States in and to certain real property 
underlying Lake Erie containing approximately 46.01 acres and more 
particularly described in subsection (b) of this section, on condition 
that such real property be used for public park and recreational devel-
opment purposes and if such property shall ever cease to be used for 
such purposes, title thereto shall revert to the United States. 
conveyance. 
734 
PUBLIC LAW 90-483-AUG. 13, 1968 
[82 STAT. 
(b) The real property referred to in tliis section is more particularly 
described as follows: 
(1) PARCEL E.—Beginning at the point of intersection of the south 
line of outer lot 39 prolonged and the shoreline of Lake Erie as estab-
lished in 1846, which point bears south 68 degrees 28 minutes west, a 
distance of 140 feet, more or less, from United States Monument num-
bered 7, which monument is the southeasterly corner of the said outer 
lot 39; 
thence southwesterly at right angles with the established harbor 
line 1,140 feet, more or less, to the said harbor line; 
thence northwesterly along said harbor line, 1,310 feet, more or 
less, to the point of intersection of said harbor line and a line at 
right angles thereto passing through the point of intersection of 
the shoreline of Lake Erie in 1846 and a line 330 feet northerly at 
right angles from and parallel with the south line of outer lot 36; 
thence northeasterly at right angles with said harbor line 1,115 
feet, more or less, to the shoreline of Lake Erie in 1846; 
thence southeasterly along said shoreline of Lake Erie 1,320 feet, 
more or less, to the point of beginning containing 34.04 acres, more 
or less. 
(2) PARCEL C-B.—Beginning at the j)oint of intersection of the 
shoreline of Lake Erie with the northerly line of land deeded to the 
United States Government, October 21, 1846, said line also extending 
in a due east and west direction and passing through the northwest 
corner of outer lot 36 (United States Monument No. 2), said point of 
beginning being also 480 feet, more or less, west of the said northwest 
corner of outer lot 36; 
thence southeasterly along said shoreline of Lake Erie in 1846 a 
distance of 470 feet, more or less, to the intersection with a line 330 
feet northerly at right angles from and parallel with the south line 
of lot 36, said line being also the north line of lands deeded to the 
LTnited States Government, September 25, 1847; 
thence southwesterly at right angles to established harbor line 
1,115 feet, more or less, to the established harbor line; 
thence northwesterly along said harbor I'ne 465 feet, more or 
less, to the point of intersection of said harbor line and a line at 
right angles thereto passing through the point of intersection of 
the shoreline of Lake Erie in 1846 and the line extending in a 
due east and west direction and passing through the northwest 
corner of outer lot 36; 
thence easterly at right angles to established harbor line 1,115 
feet, more or less, to the shoreline of Lake Erie in 1846, which 
is the above referenced point of beginning, containing 11.97 acres, 
more or less. 
(c) Any deed of conveyance made pursuant to this section shall 
reserve to the United States, for a period not to exceed seven years, 
the right to use such lands for a spoil disposal area for materials 
dredged from the Buffalo Harbor Project, including the right to place 
structures thereon and to })erform all other actions incident to such 
use, together with the rights of ingress and egress thereto. Such deed 
shall contain such additional terms and conditions as may be deter-
mined by the Secretary of the Army to be necessary to protect the 
interest of the United States. 
areas' srudTand 
^Ec. 106. (a) The Chief of Engineers, Department of the Army, 
appraisal. 
uuder the direction of the Secretary of the Army, shall make an ap-
praisal investigation and study, including a review of any previous 
relevant studies and reports, of the Atlantic, Gulf, and Pacific coasts 
of the United States, the coasts of Puerto Rico and the Virgin Islands, 
and the shorelines of the Great Lakes, including estuaries and bays 
thereof, for the purpose of (1) determining areas along such coasts 
82 STAT. ] 
PUBLIC LAW 90-483-AUG. 13, 1968 
735 
and shorelines where significant erosion occurs; (2) identifying those 
areas where erosion presents a serious problem because the rate of 
erosion, considered in conjunction with economic, industrial, recrea-
tional, agricultural, navigational, demographic, ecological, and other 
relevant factors, indicates that action to halt such erosion may be justi-
fied ; (3) describing generally the most suitable type of remedial action 
for those areas that have a serious erosion problem; (4) providing pre-
liminary cost estimates for such remedial action; (5) recommending 
priorities among the serious problem areas for action to stop erosion; 
(6) providing State and local authorities with information and recom-
mendations to assist the creation and implementation of State and 
local coast and shoreline erosion programs; (7) developing recom-
mended guidelines for land use regulation in coastal areas taking into 
consideration all relevant factors; and (8) identifying coastal areas 
where title uncertainty exists. The Secretary of the Army shall submit 
f^^"""*'° '^''"" 
to the Congress as soon as practicable, but not later than three years 
after the date of enactment of this Act, the results of such appraisal 
investigation and study, together with his recommendations. The views 
of concerned local. State, and Federal authorities and interests will be 
taken into account in making such appraisal investigation and study. 
(b) There are authorized to be appropriated such amounts, not to ex- 
Appropriation. 
ceed $1,000;(X)0, as may be necessary to carry out the provisions of this 
section. 
SEC. 107. That the projects for the Illinois Waterway and Grand 
Calumet River, Illinois and Indiana ((^alumet-Sag navigation proj-
ect), authorized by the River and Harbor Act of July 24, 1946, are 
^° ^*^'- ^3'*-
hereby modified substantially in accordance witli the recommendations 
of the Chief of Engineers in House Document Numbered 45, Eighty-
fiftli Congress, insofar as such recommendations apply to existing 
highway bridges in Part I I : Grand Calumet River and Indiana Harbor 
Canal, at an estimated cost of $33,265,000. 
SEC. 108. (a) Steele Bayou, in Warren, Issaquena, Sharkey, and 
Washington Counties, Mississippi, Washington Bayou, in Issaquena 
and Washington Counties, Mississippi, and Lake Washington, in 
Washington County, Mississippi, are hereby declared to be nonnavi-
gable within the meaning of the laws of the ITnited States. 
(b) The project for navigation on Steele Bayou, Washington Bayou, 
and Lake Washington, authorized by the Rivers and Harbors Acts of 
July 5,1884, August 5,1886, and June 25,1910, is hereby deauthorized. a/staJ^aio^-^' 
SEC. 109. Section 313 of the Act approved October 27,1965 (79 Stat. 36 stat! eao! 
1073), is amended by deleting the date "June 30,1968" and substituting 
in lieu thereof "'June 30, 1969''. 
SEC. 110. The Secretary of the Army, acting through the Chief of BiacrRilers""' 
Engineers, is authorized and directed to reA'iew the requirements of 
local cooperation for the Ouachita and Black Rivers navigation proj-
ects, authorized by the River and Harbor Act of 1950, as amended, with 
^'^ ^'^'- ^^3-
})articular reference to Federal and non-P>deral cost sharing, and he 
shall report the findings of such review to Congress within one year • Report to con-
after the date of enactment of this Act. 
^^^ 
SEC. 111. The Secretary of the Army, acting through the Chief of 
shore damage 
Engineers, is authorized to investigate, study, and construct projects P'"^''^"''°" ^'^"^y-
for the prevention or mitigation of shore damages attributable to Fed-
eral navigation works. The cost of installing, operating, and maintain-
ing .such projects shall be borne entirely by the United States. No such 
project shall be constructed without specific authorization by Congress 
if the estimated first cost exceeds $1,000,000. 
SEC. 112. Section 111 of the River and Harbor Act of 1966 (80 Stat. chlnne'r^D°c 
1417) is amended by adding at the end thereof the following: 
study"^ 
"(g) The Secretary of the Interior shall conduct a study of those 
areas in the vicinity of the Washington Channel in the District of 
736 
PUBLIC LAW 90-483-AUG. 13, 1968 
[82 STAT. 
Report to Presi-
dent and Con-
gress. 
East and Hud-
son Rivers, N.Y. 
Northern Em-
barcadero area, 
San Francisco, 
Calif. 
Patapsco River, 
Md. 
Columbia suitable for public visitor parking facilities. Such study 
shall, among others, consider existing and future visitation, multiple 
and alternative areas, methods for providing such facilities, and esti-
mated costs and revenues to be derived therefrom. Not later than one 
hundred and eighty days after the date funds are appro{)riated to 
carry out such study, the Secretary shall submit to the President and 
Congress a report thereon together with his recommendations, includ-
ing necessary legislation, if any. There is authorized to be appropri-
ated not to exceed $100,000 to carry out this subsection.-' 
SEC. 113. Those portions of the East and Hudson Rivers in New 
York County, State of New York, lying shoreward of a line within 
the United States Pierhead Line as it exists on the date of enactment 
of this Act, and bounded on the north by the north side of Spring Street 
extended westerly and the south side of Robert F. Wagner, Senior 
Place extended eastwardly, are hereby declared to be nonnavigable 
waters of the United States within the meaning of the laws of the 
United States. This declaration shall apply only to portions of the 
above-described area which are bulkheaded and filled. Plans for bulk-
heading and filling shall be approved by the Secretary of the Army, 
acting through the Chief of Engineers, on the basis of engineering 
studies to determine the loca^tion and structural stability of the bulk-
heading and filling in order to preserve and maintain the remaining 
navigable waterway. Local interests shall reimburse the Federal Gov-
ernment for any engineering costs incurred under this section. 
SEC. 114. That portion of the Northern Embarcadero area, begin-
ning at the intersection of the northw^esterly line of Bryant Street with 
the southwesterly line of Spear Street, which intersection lies en the 
line of jurisdiction of the San Francisco Port Authority; following 
thence w^esterly and northerly along said line of jurisdiction as 
described in the Stat* of California Harbor and Navigation Code Sec-
tion 1770, as amended in 1961, to its intersection with the easterly line 
of Van Ness Avenue produced northerly; thence northerly along said 
easterly line of Van Ness Avenue produced to its intersection with the 
United States Government pier-head line; thence follow ing said pier-
head line easterly and soutlierly to its intersection with the nortli-
westerly line of Bryant Street produced northeasterly; thence south-
westerly along said northwesterly line of l^ryant Street produced to 
the point of beginning, is hereby declared to be nonnavigable waters 
within the meaning of the laws of the United States, and the consent 
of Congress is hereby given for the filling in of all or any part of the 
described area. This declaration shall apply only to portions of the 
above-described area which are bulkheaded and filled or are occupied 
by permanent pile-supported structures. Plans for bulkhead ing and 
filling and permanent pile-supported structures shall be api)roved by 
the Secretary of the Army, acting through the Chief of Engineers, on 
the basis of engineering studies to determine the location and struc-
tural stability of the bulkheading and filling and permanent pile-sup-
ported structures in order to preserve and maintain the remaining 
navigable w^aterway. Local interests shall reimburse the Federal Gov-
ernment for any engineering costs incurred under this section. 
SEC. 115. That portion of the Northwest Branch of the Patapsco 
River located generally south of Pratt Street, east of Light Street, 
north of Key Highway, in the city of Baltimore, State of Maryland, 
and being more particularly described as all of that portion of the 
Northwest Branch of the Patapsco River lying west of a series of lines 
beginning at the point formed by the intersection of the south side 
of Pratt Street, as now laid out, and the west side of Pier 3 and 
running thence binding on the west side of Pier 3, south 04 degrees 
19 minutes 47 seconds east 726.59 feet to the southwest corner of Pier 3; 
thence crossing the Northwest Branch of the Patapsco River, south 
82 STAT. ] 
PUBLIC LAW 90-483-AUG. 13, 1968 
737 
23 degrees 01 minutes 15 seconds west 855.36 feet to the point formed 
by the intersection of the existing pierhead and bulkhead line and the 
east side of Battery Avenue, last said point of intersection being the 
end of the first line of the fourth parcel of land conveyed by J. and F. 
Realty, Incorporated to Allegheny Pepsi-Cola Bottling Company by 
deed dated December 22, 1965, and recorded among the Land Record 
of Baltimore City in Liber J. F. C. numbered 2006 folio 345, the loca-
tion of said pierhead and bulkhead line is based upon the Corps of 
Engineers, Baltimore District, Baltimore, Maryland, coordinate value 
for station LIV of said pierhead and bulkhead line, the coordinate 
value as referred to the Lambert grid plane coordinate system for the 
State of Maryland of said station LIV being east 2,111,161.40, north 
527,709,27 and thence binding on the east side of Battery Avenue, south 
03 degrees 09 minutes 07 seconds east 568 feet, more or less, to intersect 
the north side of Key Highway as now laid out and located is hereby, 
declared to be not a navigable stream of the United States within the 
meaning of the laws of the United States, and tlie consent of Congress 
is hereby given for the filling in of all or any part of the described 
area. 
SEC. 116. (a) The Secretary of the Army is authorized and directed abandoned ^Sl'. 
to remove from the Potomac River and to destroy the abandoned etc. 
ships, ships' hulls, and pilings, located in Mallow's Bay, between 
Sandy Point and Liverpool Point, Charles County, Maryland, and at 
Wide Water, south of Quantico, Virginia, and any other abandoned 
ships formerly among those in Mallow's Bay or at Wide Water which 
have drifted from those locations. Local interests shall contribute 50 
percent of the cost of such work, 
(b) There is authorized to carry out this section, not to exceed 
Appropriation. 
$175,000. 
SEC, 117, The Chief of Engineers, under the direction of the Secre-
tary of the Army, is hereby authorized to maintain authorized river 
and harbor projects in excess of authorized project depths where such 
excess depths have been provided by the United States for defense 
purposes and whenever the Chief of Engineers determines that such 
waterways also serve essential needs of general commerce. 
SEC. 118. (a) Section 5 of the Act entitled "An Act creating the ciTmoriowa and 
City of Clinton Bridge Commission and authorizing said commission Fui'ton"ii°."'^ ^" 
and its successors to acquire by purchase or condemnation and to con-
struct, maintain, and operate a bridge or bridges across the Mississippi 
River at or near Clinton, Iowa, at or near Fulton, Illinois", approved 
December 21, 1944, as revised, amended, and reenacted, is hereby 72^stat^85^i^^' 
amended by inserting " ( a ) " immediately after "SEC. 5." and by add-
ing at the end of such section the following new subsection: 
"(b) In addition to the method of payment provided in subsection 
(a) of this section, the commission and its successors and assigns are 
hereby authorized to provide for the payment of the cost of disman-
tling one bridge and of constructing as a replacement therefor a new 
bridge (including necessary approaches and approach highways) 
either entirely from a construction fund created in accordance with 
section 6 of this Act or from both such construction fund and from 
bonds issued and sold in accordance with subsection (a) of this section. 
The cost of any bridge constructed under this subsection (together 
with approaches and approach highways) shall include all costs and 
expenses included in the case of a bridge constructed under authority 
of subsection (a) of this section (including its approaches and 
approach highways)." 
(b) The first sentence of section 6 of such Act of December 21,1944, 
is amended by striking out the period at the end thereof and inserting 
738 
PUBLIC LAW 90-483-AUG. 13, 1968 
[82 STAT. 
Surveys. 
64 Stat. 168. 
Streambank ero-
sion, etc. 
Report to Con-
gress. 
Citation of 
title. 
in lieu thereof a comma and the following: "and, if the Commission 
determines it advisable to do so, to provide a construction fund spe-
cifically to pay the cost of dismantling one bridge and constructing a 
new bridge to replace it as authorized by subsection (b) of section 5 of 
this Act." 
(c) Section 6 of such Act of December 21,1944, is further amended 
by adding immediately following the third sentence of such section the 
following new sentence: "If no bonds or notes are outstanding or if a 
sinking fund specifically for payment of all outstanding bonds and 
notes shall have been provided, the remainder of such tolls may, if the 
Commission determines it advisable to do so, be placed in a construction 
fund for use in accordance with subsection (b) of section 5 of this Act." 
(d) The first sentence of subsection (a) of section 8 of such Act of 
December 21, 1944, is amended by inserting immediately after "solely 
for that purpose," the following: "and after any bridge constructed 
under authority of section 5(b) of this Act shall have been paid for, or 
sufficient funds are available in the construction fund authorized by 
section 6 to pay for such bridge,". 
(e) The amendments made by this section shall be inapplicable in-
sofar as they authorize the construction of a bridge or bridges unless 
actual construction thereof is commenced within five years from the 
date of enactment of this section and such construction is completed 
by January 1,1980. 
SEC. 119. The Secretary of the Army is hereby authorized and 
directed to cause surveys to be made at the following locations and 
subject to all applicable provisions of section 110 of the River and 
Harbor Act of 1950: 
Back River, Maryland, from Chesapeake Bay to the city of 
Baltimore's waste water treatment plants. 
Savannah and Tennessee Rivers, with a view to determining the 
advisability of providing a waterway connecting the rivers by 
canals and appurtenant facilities and a waterway connecting 
Charleston and Port Royal, South Carolina, with the lower 
Savannah River. 
Lake Superior, with a view to determining the advisability of a 
waterway connecting the lake and the Mississippi River. 
SEC. 120. (a) The Secretary of the Army, acting through the Chief 
of Engineers, is authorized and directed to make studies of: 
(1) The nature and scope of the damages which result from stream-
bank erosion throughout the United States, with a view toward deter-
mining the need for, and the feasibility of, a coordinated program of 
streambank protection in the interests of reducing damages from the 
deposition of sediment in reservoirs and waterways, the destruction of 
channels and adjacent lands, and other adverse effects of streambank 
erosion. 
(2) The need for and the feasibility of a program for the removal 
and disposal of drift and other debris, including abandoned vessels, 
from public harbors and associated channels under the jurisdiction of 
the Department of the Army. 
(b) The Secretary shall report to Congress, not later than one year 
after the date of enactment of this Act, the results of such studies 
together with his recommendations in connection therewith, including 
an appropriate division of responsibility between Federal and non-
Federal interests. 
SEC. 121. Title I of this Act may be cited as the "River and Harbor 
Act of 1968". 
52 Stat. 1215-
33 u s e 701.C-1. 
82 STAT. ] 
PUBLIC LAW 90-483-AUG. 13, 1968 
739 
TITLE II—FLOOD CONTROL 
Flood control 
Act of 1968. 
SEC. 201. Section 3 of the Act approved June 22', 1936 (Public Law 
Numbered 738, Seventy-fourth Congress), as amended by section 2 of 
^9 sta^ isn-
the Act approved June 28,1938 (Public Law Numbered 761, Seventy-
fifth Congress), shall apply to all works authorized in this title except 
that for any channel improvement or channel rectification project, pro-
visions (a), (b), and (c) of section 3 of said Act of June 22,1936, shall 
apply thereto, except as otherwise provided by law. The authorization 
for any flood control project herein authorized by this Act requiring 
local cooperation shall expire five years from the date on which local 
interests are notified in writing by the Secretary of the Army or his 
designee of the requirements of local cooperation, unless said interests 
shall within said tyne furnish assurances .satisfactory to the Secretary 
of the Army that the required cooperation will be furnished. 
SEC. 202. The provisions of section 1 of the Act of December 22, 
1944 (Public Law Numbered 534, Seventy-eighth Congress, second 
session), shall govern with respect to projects authorized in this Act, 
^| us^c 7^0/-1 
and the procedures therein set forth with respect to plans, proposals, 
or reports for works of improvement for navigation or flood control 
and for irrigation and purposes incidental thereto shall" apply as if 
herein set forth in full. 
SEC. 203. The following works of improvement for the benefit of 
Projects. 
navigation and the control of destructive floodwaters and other pur-
l^oses are hereby adopted and authorized to be prosecuted under the 
direction of the Secretary of the Army and supervision of the Chief of 
Engineers in accordance with the plans in the respective reports here-
inafter designated and subject to the conditions set forth therein. The 
necessary plans, specifications, and preliminary work may be prose-
cuted on any project authorized in this title with funds from appropri-
ations hereafter made for flood control so as to be ready for rapid 
inauguration of a construction program. The projects authorized in 
this title shall be initiated as expeditiously and prosecuted as vigor-
ously as may be consistent with budgetary requirements. Penstocks and 
other similar facilities adapted to possible future use in the develop-
ment of hydroelectric power shall be installed in any dam authorized 
in this Act for construction by the Department of the Army when 
approved by the Secretary of the Army on the recommendation of the 
Chief of Engineers and the Federal Power Commission. 
L O W E R CHARLES RIVER, 
MASSACHUSETTS 
The project for flood control on the Lower Charles River, Masstichu-
setts, is hereby authorized substantially in accordance with the recom-
mendations of the Chief of Engineers in House Document Numbered 
370, Ninetieth Congress, at an estimated cost of $18,620,000. 
CONNECTICUT RIVER BASIN 
The project for the Beaver Brook Dam and Reservoir, Beaver Brook, 
New Hampshire, is hereby authorized substantially in accordance with 
the recommendations of the. Chief of Engineers in Senate Document 
Numbered 68, Ninetieth Congress, at an estimated cost of $1,185,000. 
The project for flood protection on Park River, Connecticut, is 
hereby authorized substantially in accordance with the recommenda-
tions of the Chief of Engineers in Senate Document Numbered 43, 
Ninetieth Congress, at an estimated cost of $30,300,000. 
740 
PUBLIC LAW 90-483-AUG. 13, 1968 
[82 STAT. 
LONG ISLAND SOUND 
The project for flood protection on Norwalk River, Connecticut and 
New York, is hereby authorized substantially in accordance with the 
recommendations of the Chief of Engineers in Senate Document Num-
bered 51, Ninetieth Congress, at an estimated cost of $2,700,000. 
DEI^WARE-ATLANTIC COASTAL AREA 
The project for hurricane-flood protection and beach erosion control 
along the Delaware Coast from Cape Henlopen to Fen 
wick Island, at 
the Delaware-Maryland State Line is hereby authorized substantially 
in accordance with the recommendations of the Chief of Engineers, in 
Senate Document Numbered 90, Ninetieth Congress, at an estimated 
cost of $5,584,000. 
RAPPAHANNOCK RIVER BASIN 
The project for the Salem Church Dam and Reservoir Rappahan-
nock River, Virginia, is hereby modified substantially in accordance 
with the recommendations of the Chief of Engineers in Senate Docu-
ment Numbered 37, Ninetieth Congress, at an estimated cost of 
$79,500,000. 
CAPE FEAR RIVER BASIN 
The project for the Randleman Dam and Reservoir, Deep River, 
North Carolina, is hereby authorizad substantially in accordance with 
tlie recommendations of the Chief of Engineers in House Document 
Numbered 343, Ninetieth Congress, at an estimated cost of $19,463,000. 
The project for the Howards Mill Dam and Reservoir, Deep River, 
North Carolina, is hereby authorized substantially in accordance with 
the recommendations of the Chief of Engineers in House Document 
Numbered 343, Ninetieth Congress, at an estimated cost of $12,460,000. 
SOUTH ATLANTIC COASTAL AREA 
The project for beach erosion control and hurricane flood protection 
of Dade County, Florida, is hereby authorized substantially m accord-
ance with the recommendations of the Chief of Engineers in House 
Document Numbered 335, Ninetieth Congress, at an estimated cost 
of $11,805,000. 
HILLSBOROUGH BAY, FLORIDA 
The project for hurricane-flood control protection on Hillsborough 
Bay, Florida, is hereby authorized substantially in accordance with the 
recommendations of the Chief of Engineers in House Document Num-
bered 313, Ninetieth Congress, at an estimated cost of $9,909,000, except 
that construction of the barrier across Hillsborough Bay shall not be 
undertaken until the Chief of Engineers completes further detailed 
studies covering related water resource problems, including a compre-
hensive model study of the entire Tampa Bay area, and until 
sixty days after the date of submission of a report on such 
studies to the Committees on Public Works of the Senate and House of 
Representatives. 
CENTRAL AND SOUTHERN FLORIDA 
The project for Central and Southern Florida, authorized by the 
62 Stat. 1171. 
Flood ContTol Act of June 30,1948, is further modified in accordance 
^33 
701 -8, ^j^j^ ^1^^ recommendations of the Chief of Engineers in Senate Docu-
82 STAT. ] 
PUBLIC LAW 90-483-AUG. 13, 1968 
741 
ment Numbered 101, Ninetieth Congress, at an estimated cost of 
$8,072,000, and in accordance with House Document Numbered 369, 
Ninetieth Congre^, at an estimated cost of $58,182,000. 
PASCAGOULA RIVER BASIN 
The project for the Tallahala Creek Dam and Reservoir, Tallahala 
Creek, Mississippi, is hereby authorized substantially in accordance 
with the recommendations of the Chief of Engineers in House Docu-
ment Numbered 143, Ninetieth Congress, at an estimated cost of 
$16,360,000. 
LOWER MISSISSIPPI RIVER BASIN 
Project modifi-
cation. 
33 u s e 702a-
702m. 
The project for flood control and improvement of the lower Missis-
sippi River, adopted by the Act of May 15, 1928 (45 Stat. 534), as 
amended and modified, is hereby further modified and expanded to 
include the following items: 
(1) The project for the St. Francis River Basin, Arkansas and 
Missouri, authorized by the Flood Control Act approved June 15, 
1936 (Public Law 74-678), as modified by subsequent Acts of Con- 
^9 stat. isos-
gress, including the Flood Control Act of 1965. Public Law 89-298 is 
^9 stat. lora. 
hereby further modified to provide that the requirements of local 
cooperation for the improvements authorized in the Flood Control 
Act of 1965, shall conform to those requirements for local cooperation 
in the Saint Francis River Basin authorized in previous Acts of 
Congress, substantially as recommended by the Chief of Engineers in 
Senate Document Numbered 11, Ninetieth Congress. 
(2) Improvements in the Boeuf and Tensas Rivers and Bayou 
Macon Basin to divert flows that would otherwise enter Lake Chicot, 
Arkansas, substantially in accordance with the recommendations of 
the Chief of Engineers in House Docmnent Numbered 168, Ninetieth 
Congress, at an estimated cost of $15,240,000, except that prior to 
initiation of construction of the project, local interests shall agree 
that no fees shall be charged for admission to Lake Chicot and to 
public recreation areas adjoining Lake Chicot and that user fees at 
such lake and areas shall be devoted to recreation purposes. 
(3) Improvements in the Belle Fountain ditch and tributaries, 
Missouri, and Drainage District Number 17, Arkansas, substantially 
in accordance with the recommendations of the Chief of Engineers in 
House Document Numbered 339, Ninetieth Congress, at an estimated 
cost of $4,638,000. 
W H I T E RIVER BASIN 
The project for flood protection on Crooked Creek at and in the 
vicinity of Harrison, Arkansas, is hereby authorized substantially in 
accordance with the recommendations of the Chief of Engineers in 
Seriate Document Numbered 28, Ninetieth Congress, at an estimated 
cost of $2,840,000. 
BRAZOS RIVER BASIN 
The project for the Aquilla Dam and Reservoir, Aquilla Creek, 
Texas, is hereby authorized substantially in accordance with the rec-
ommendations of the Chief of Engineers in Senate Document Nmn-
bered 52, Ninetieth Congress, at an estimated cost of $23,612,000. 
NAVASOTA RIVER BASIN 
The project for the Navasota River, Texas, is hereby authorized sub-
stantially in accordance with the recommendations of the Chief of 
Engineers in House Document Numbered 341, Ninetieth Congress, at 
an estimated cost of $119,707,000. 
742 
PUBLIC LAW 90-483-AUG. 13, 1968 
[82 STAT. 
CLEAR CREEK, TEXAS 
The project for flood protection on Clear Creek, Texas, is hereby 
authorized substantially in accordance with the recommendations of 
the Chief of Engineers in House Document Numbered 351, Ninetieth 
Congress, at an estimated cost of $12,600,000. 
PECAN BAYOU, TEXAS 
The project for flood protection on Pecan Bayou, Texas, is hereby 
authorized substantially in accordance with the recommendations of 
the Chief of Engineers in House Document Numbered 350, Ninetieth 
Congress, at an estimated cost of $24,861,000. 
GULF OF MEXICO 
The project for hurricane-flood control at Texas City and vicinity, 
Texas, is hereby authorized substantially in accordance with the recom-
mendations of the Chief of Engineers in House Document Numbered 
187, Ninetieth Congress, at an estimated cost of $10,990,000. 
UPPER MISSISSIPPI RIVER BASIN 
The project for flood protection on the Mississippi River from Cass-
ville, Wisconsin, to mile 300, is hereby author'zed substantially in 
accordance with the recommendations of the Chief of Engineers in 
House Document Numbered 348, Ninetieth Congress, at an estimated 
cost of $21,300,000. 
The project for flood protection of State Road and Ebner Coulees, 
city of La Crosse and Shelby Township, Wisconsin, is hereby author-
ized substantially in accordance with the recommendations of the Chief 
of Engineers in House Document Numbered 360, Ninetieth Congress, 
at an estimated cost of $6,849,000. 
RED RIVER o r T H E NORTH 
The project for flood protection on the South Branch of the Wild 
Rice River and Felton Ditch, Minnesota, is hereby authorized sub-
stantially in accordance with the recommendations of the Chief of 
Engineers in House Document Numbered 98, Ninetieth Congress, at 
an estimated cost of $1,230,000. 
OHIO RIVER BASIN 
The project for flood protection on the Ohio River in Southwestern 
Jefferson County, Kentucky, is hereby authorized substantially in 
accordance with the recommendations of the Chief of Engineers in 
House Document Numbered 340, Ninetieth Congress, at an estimated 
cost of $19,800,000. 
The project for the ITtica Dam and Reservoir and flood protection 
at Newark, Licking River Basin, Ohio, is hereby authorized sub-
stantially in accordance with the recommendations of the Chief of 
Engineers in House Document Numbered 337, Ninetieth Congress, at 
an estimated cost of $32,953,000. 
WABASH RIVER BASIN 
The project for flood control and related purposes in the Wabash 
River Basin, Indiana, Illinois, and Ohio, is hereby authorized sub-
stantially in accordance with the recommendations of the Chief of 
Engineers in Senate Document Numbered 96, Ninetieth Congress, and 
82 STAT. ] 
PUBLIC LAW 90-483-AUG. 13, 1968 
743 
the-Big Walnut Dam and Reservoir is autliorized substantially in 
accordance with the plan for such project set forth in the report of 
the Chief of Engineers in said document. There is hereby authorized 
Appropriation. 
to be appropriated the sum of $50,000,000, for initiation and partial 
accomplisliment of the project, except that construction of the Big 
Walnut Dam and Reservoir shall not be initiated until approved by 
the President. 
MISSOURI RIVER BASIN 
South Platte 
River, Colo. 
The project for the Bear Creek Dam and Reservoir, South Platte 
River, Colorado, is hereby authorized substantially in accordance with 
the recommendations of the Chief of Engineers in Senate Document 
Numbered 87, Ninetieth Congress, at an estimated cost of $32,314,000. 
The project for flood protection on the Big Sioux River at and in g "^^j'^if'°"'' ^'^^'•' 
the vicinity of Sioux City, Iowa and South Dakota, is hereby author-
ized substantially in accordance with the recommendations of the 
Chief of Engineers in Senate Document Numbered 94, Ninetieth Con-
gress, at an estimated cost of $2,750,000. With resj)ect to that portion 
of the project above Sioux City, Iowa, approved in accordance with 
House Document Numbered 199, Eighty-eighth Congress, in the Flood 
Control Act of 1965 (Public Law 89-298), there shall be mutual agree- 
^^ ^'^'- ^ "^^ • 
ment between the States of Iowa and South Dakota on a flood control 
plan and a plan for mitigation of fish and wildlife losses with respect 
to said portion within six months following completion of the reservoir 
study for the upper basin of the Big Sioux River and the Rock River 
now underway and receipt of copies of said report by the Governors 
of the States of Iowa and South Dakota. If said mutual agreement 
is not reached within said time, approval of said flood control plan and 
plan for mitigation of fish and wildlife losses shall be made by a com-
mittee consisting of one representative each appointed by the Chief of 
Engineers, the Secretary of the Interior, and the Secretary of 
Agriculture. 
The project for flood protection and other purposes in the Papillion B^s^n'^Nebr*^'^^^'*' 
Creek Basin, Nebraska, is hereby authorized substantially in accord-
ance with the recommendations of the Chief of Engineers in House 
Document Numbered 349, Ninetieth Congress, at an estimated cost of 
$26,800,000. 
The project for the Davids Creek Dam and Reservoir, Nishnabotna Ri'^er^^owa*"^ 
River, Iowa, is hereby authorized substantially in accordance with the 
recommendations of the Chief of Engineers in House Document Num-
bered 142, Ninetieth Congress, at an estimated cost of $2,040,000. 
The project for flood control and other purposes on the Little Blue 
River in the vicinity of Kansas City, Missouri, is hereby authorized 
substantially in accordance with the recommendations of the Chief of 
Engineers in House Document Numbered 169, Ninetieth Congress, at 
and estimated cost of $38,492,000. 
The second paragraph under the heading "Missouri River Basin'* of 
the Act entitled "An Act authorizing additional appropriations for the 
prosecution of comprehensive plans for certain river basins", approved 
December 30,1963 (77 Stat. 840), is hereby amendfed to read as follows: 
"The comprehensive plan for flood control and other purposes in 
the Missouri River Basin, authorized by the Flood Control Act of 
June 28, 1938, as amended and supplemented, is further modified to II u^c yo^b 
include such bank protection or rectification works at or below the 
Garrison Reservoir as in the discretion of the Chief of Engineers and 
the Secretary of the Army may be found necessary, at an estimated cost 
of $7,040,000." 
etc. 
744 
PUBLIC LAW 90-483-AUG. 13, 1968 
[82 STAT. 
JORDAN RIVER 
BASIN 
The project for the Little Dell Dam and Reservoir, Salt Lake City 
Streams, Utah, is hereby modified substantially in accordance with the 
recommendations of the Chief of Engineers in Senate Document Num-
bered 53, Ninetieth Congress, at an estim'ated cost of $22,664,000. 
SACRAMENTO RIVER 
BASIN 
The project for flood protection on the Feather Eiver at Chester, 
California, is hereby authorized substantially in accordance with the 
recommendations of the Chief of Engineers in House Document Num-
bered 314, Ninetieth Congress, at an estimated cost of $940,000. 
SANTA ANA RIVER 
BASIN 
The project for flood protection, and other purposes on Cucamonga 
Creek, California, is hereby authorized substantially in accordance 
with the recommendations of the Chief of Engineers in House Docu-
ment Numbered 323, Ninetieth Congress, at an estimated cost of 
$26,300,000. 
SAN FRANCISCO BAY AREA 
The project for flood control on Alhambra Creek, California, is 
hereby authorized substantially in accordance with the recommenda-
tions of the Chief of Engineers in House Document Numbered 336, 
Ninetieth Congress, at an estimated cost of $8,000,000. 
MAD RIVER, 
CALIFORNIA 
The project for flood control on the Mad River, California, is hereby 
authorized substantially in accordance with the recommendations of 
the Chief of Engineers in House Document Numbered 359, Ninetieth 
Congress, at an estimated cost of $38,600,000. 
SWEETWATER RIVER BASIN 
The project for flood control on the Sweetwater River, California, 
is hereby authorized substantially in accordance with the recommen-
dations of the Chief of Engineers in House Document Numbered 148, 
Ninetieth Congress, at an estimated cost of $4,900,000. 
TANANA 
RIVER 
BASIN 
The project for flood control in the Tanana River Basin in the 
vicinity of Fairbanks, Alaska, is hereby modified substantially in 
accordance with the recommendations of the Chief of Engineers in 
Senate Document Numbered 89, Ninetieth Congress, at an estimated 
cost of $111,700,000. 
lAO STREAM, H A W A I I 
The project for flood protection and other purposes on lao Stream, 
Hawaii, is hereby authorized substantially in accordance with the rec-
ommendations of the Chief of Engineers in House Document Num-
bered 151, Ninetieth Congress, at an estimated cost of $1,660,000. 
SEC 204. The Secretary of the Army, acting through the Chief of 
Engineers, is authorized to provide such school facilities as he may 
deem necessary for the education of dependents of persons engaged in 
the construction of the Dworshak Dam and Reservoir project, Idaho, 
and to pay for the same from any funds available for such project. 
82 STAT. ] 
PUBLIC LAW 90-483-AUG. 13, 1968 
745 
"When lie determines it to be in the public interest, the Secretary, acting 
through the Chief of Engineers, may enter into cooj^erative arrange-
ments with local and Federal agencies for the operation of such Gov-
ernment facilities, for the expansion of local facilities at Federal 
expense, and for contributions by the Federal Government to cover the 
increased cost to local agencies of providing the educational services 
required by the Government. 
SEC. 205. The project for flood protection at Ironton, Ohio, author- 
^'°^^°^- Ohio. 
ized by the Flood Control Act of August 28,1937, is hereby modified 
so stat. 876. 
so as to provide for the installation by the Secretary of the Army, 
acting through the Chief of Engineers, of aluminum closure structures 
at gates numbered 10, 17, and 18, located at Second and Orchard 
Streets, Second Street west of Storms Creek, and Second and Ellison 
Streets, respectively, at an estimated cost of $58,000. 
SEC. 206. That, notwithstanding the first proviso in section 201 of ^^J^^^''^^''*'' 
the Act entitled "An Act authorizing the construction, repair, and pres-
ervation of certain public works on rivers and harbors for navigation, 
flood control, and for other purposes", approved July 3,1958 (72 Stat. 
305), the authorization in section 203 of such Act of projects for local 
protection on the Weber River, Utah shall expire on April 16, 1972, 
unless local interests shall before such date furnish assurances satis-
factory to the Secretary of the Army that the required local coopera-
tion in such project will be furnished. 
SEC. 207. That, notwithstanding the first proviso in section 201 of j^^^^°^ ^'''^'' 
the Act entitled "An Act authorizing the construction, repair, and pres-
ervation of certain public works on rivers and harbors for navigation, 
flood control, and for other purposes", approved July 3,1958 (72 Stat. 
305), the authorization in section 203 of such Act of projects for local 
protection on the Pecos River at Carlsbad, New Mexico, shall expire on 
May 19,1972, unless local interests shall before such date furnish assur-
ances satisfactory to the Secretary of the Army that the required local 
cooperation in such project will be furnished. 
SEC. 208. The project for flood protection on the Gila River below ^^^^^^ River, 
Painted Rock Reservoir, Arizona, authorized by the Flood Control Act 
of 1962 (76 Stat. 1180, 1190), substantially in accordance with the 
recommendations of the Chief of Engineers in Senate Document Num-
bered 116, Eighty-seventh Congress, is hereby modified to provide that 
local cooperation shall consist of the requirements that, prior to con-
struction, local interests give assurances satisfactory to the Secretary 
of the Army that they will: (1) make a cash contribution of $700,000, 
to be paid either in a lump sum prior to initiation of construction or in 
installments prior to the start of pertinent work items in accordance 
with construction schedules, as determined by the Cliief of Engineers, 
except that the reasonable value, as determined by the Chief of Engi-
neers, of any lands, easements, rights-of-way, and relocations, fur-
nished by the local interests shall be deducted from the required cash 
contribution; (2) hold and save the United States free from damages 
due to the construction works; (3) maintain and operate all works 
after completion in accordance with regulations prescribed by the 
Secretary of the Army. 
SEC. 209. (a) Whenever any State, or any agency or instrumen- seme"menT, a^cqui-
tality of a State or local government, or any nonprofit incorporated sition. 
body organized or chartered under the law of the State in which it 
is located, or any nonprofit association or combination of such bodies, 
agencies or instrumentalities, shall undertake to secure any lands 
or interests therein as a site for the resettlement of families, indi-
viduals, and business concerns displaced by a river and harbor 
improvement, flood control or other water resource project duly author-
ized by Congress, and when it has been determined by the Secretary 
746 
PUBLIC LAW 90-483-AUG. 13, 1968 
[82 STAT. 
40 u s e 258a-
258e. 
C ondemnation 
expenses. 
Bond. 
Acquisition pro-
Conveyance 
authorization. 
Entrance or ad-
mission fees. 
Wabash River 
Basin, Ill.-Ind. 
60 Stat. 652. 
of the Army that the State is unable to acquire necessary lands or 
interests in lands or is unable to acquire such lands or interests in 
lands with sufficient promptness, the Secretary, upon the request of 
the Governor of the State in which such site is located, and after 
consultation with appropriate Federal, State, interstate, regional, and 
local departments and agencies, is authorized, in the name of the 
United States and prior to the approval of title by the Attorney 
General, to acquire, enter upon, and take possession of such lands 
or interests in lands by purchase, donation, condemnation or otherwise 
in accordance with the laws of the United States (including the Act 
of February 26,1931 (46 Stat. 1421)). All expenses of said acquisition 
and any award that may be made under a condemnation proceeding, 
including costs of examination and abstract of title, certificate of title, 
appraisal, advertising, and any fees incident to acquisition, shall be 
paid by such State or body, agency, or instrumentality. The State, 
agency, instrumentality, or nonprofit body may repay such amounts 
from any funds made available to it for such purposes by any Federal 
department, agency, or instrumentality (other than the Department 
of the Army) having authority to make funds available for such a 
purpose. Pending such payment, the Secretary may expend from any 
funds hereafter appropriated for the project occasioning such acqui-
sition such sums as may be necessary to carry out this section. To 
secure payment, the Secretary may require any such State or agency, 
body, or instrumentality to execute a proper bond in such amount as 
he may deem necessary before acquisition is commenced. Any sums 
paid to the Secretary by any such State or agency, body or instrumen-
tality shall be deposited in the Treasury to the credit of the appro-
priation for such project. 
(b) No acquisition shall be undertaken under the authority of this 
section unless the Secretary has determined, after consultation with 
appropriate Federal, State, and local governmental agencies that (1) 
the development of a site is necessary in order to alleviate hardships 
to displaced persons; (2) the location of the site is suitable for devel-
opment in relation to present or potential sources of employment; and 
(3) a plan for development of the site has been approved by appro-
priate local governmental authorities in the area or community in 
which such site is located. 
(c) The Secretary is further authorized and directed by proper deed, 
executed in the name of the United States, to convey any lands or 
interests in land acquired in any State under the provisions of this 
section, to the State, or such public or private nonprofit body, agency, 
or institution in the State as the Governor may prescribe, upon such 
terms and conditions as may be agreed upon by the Secretary, the Gov-
ernor, and the agency to which the conveyance is to be made. 
SEC. 210. No entrance or admission fees shall be collected after 
March 31,1970, by any officer or employee of the United States at pub-
lic recreation areas located at lakes and reservoirs under the jurisdic-
tion of the Corps of Engineers, United States Army. User fees at these 
lakes and reservoirs shall be collected by officers and employees of the 
United States only from users of highly developed facilities requiring 
continuous presence of personnel for maintenance and supervision of 
the facilities, and shall not be collected for access to or use of water 
areas, undeveloped or lightly developed shoreland, picnic grounds, 
overlook sites, scenic drives, or boat launching ramps where no 
mechanical or hydraulic equipment is provided. 
SEC. 211. The Mason J. Niblack levee feature of the project for flood 
control in the Wabash Eiver Ba^sin, Illinois and Indiana, authorized 
by the Flood Control Act approved July 24,1946, is hereby modified to 
l)rovide for the installation by the Secretary of the Army, acting 
82 STAT. ] 
PUBLIC LAW 90-483-AUG. 13, 1968 
747 
through the Chief of Engineers, and operation and maintenance by 
local interests, of pumping facilities to remove ponded interior drain-
age from the area protected by the levee, at an estimated cost of 
$500,000. 
SEC. 212. The Secretary of the Army, acting through the Chief of nrhwaTa? *
^
*
^ 
Engineers, is authorized to amend Contract Numbered DA-45-108- ^
^ "'^^ 
CIVENG-66-68, between the United States and the Montiana State 
Highway Commission for the relocation of Montana State Highway 
37 m connection with the construction of the Libby Dam project, so as 
to provide that the design standards for the relocation shall be those 
adopted by the State of Montana pursuant to the provisions of the 
Highway Safety Act of 1966 (80 Stat. 731). 
_ 
no" "^^ ^"^ 
SEC. 213. The project for flood control and improvement of the 
Lower Missis-
Lower Mississippi Eiver, adopted by the Act of May 15,1928 (45 Stat, ^^PP^ Ri^e'-
534) as amended and modified, is further modified to provide pumping 
^^ "^^ ^"2^-
plants and other drainage facilities in Cairo, Illinois, and vicinity, to 
the extent found economically justified by the Chief of Engineers, 
subject to the conditions that local interests (1) provide without cost 
to the United States all lands, easements, and rights-of-way necessary 
for the construction of the work; (2) hold and save the United States 
free from damages due to the construction work; and (3) maintain 
and operate all works after completion. 
SEC. 214. The project for the Sanders Creek Red River Basin, j^^ander^sc^reek^ 
Texas, is hereby modified to provide for the acquisition of additional xexas!^^"^ 
privately owned lands aggregating approximately seven hundred and 
fifty acres located within the boundaries of former Camp Maxey, 
Lamar County, Texas, for the purpose of consolidating Federal own-
ership of areas as may be needed for wildlife purposes in connection 
with the Pat Mayse Dam and Reservoir project, and to facilitate the 
establishment of a wildlife refuge or wildlife management area. The 
lands so acquired will be made available to the Secretary of the 
Interior or to the State of Texas in accordance with established admin-
istrative procedures pursuant to the Fish and Wildlife Coordination 
Act (16 U.S.C. 661 et seq.). The acquisition of such lands may be ,^^°,^*^',^\°^°' 
deferred until such time as assurances are given, satisfactory to the 
Chief of Engineers, that a wdldlife refuge or wildlife management 
area will be established. 
SEC. 215. (a) The Secretary of the Army, acting through the Chief 
of Engineers, may, when he determines it to be in the public interest, 
enter into agreements providing for reimbursement to States or polit-
ical subdivisions thereof for work to be performed by such non-Federal 
public bodies at wat«r resources development projects authorized for 
construction under the Secretary of the Army and the supervision of 
the Chief of Engineers. Such agreements may provide for reimburse-
ment of installation costs incurred by such entities or an equivalent 
reduction in the contributions they would otherwise be required to 
make, or in appropriate cases, for a combination thereof. The amount 
of Federal reimbursement, including reductions in contributions, for a 
single project shall not exceed $1,000,000. 
(b) Agreements entered into pursuant to this section shall (1) fully 
Aereement pro-
• 
^^ 
• 
• 
"
^ vis ions. 
describe the work to be accomplished by the non-Federal public body, 
and be accompanied by an engineering plan if necessary therefor; 
(2) specify the manner in which such work shall be carried out; (3) 
provide for necessary review of design and plans, and inspection of 
the work by the Chief of Engineers or his designee; (4) state the basis 
on which the amount of reimbursement shall be determined; (5) state 
that such reimbursement shall be dependent upon the appropriation of 
funds applicable thereto or funds available therefor, and shall not 
take precedence over other pending projects of higher priority for 
improvements; and (6) specify that reimbursement or credit for non-
72 Stat. 563. 
Reimbursement 
to States, etc. 
748 
PUBLIC LAW 90-483-AUG. 13, 1968 
[82 STAT. 
Federal installation expenditures shall apply only to work under-
taken on Federal projects after project authorization and execution 
of the agreement, and does not apply retroactively to past non-Federal 
work. Each such agreement shall expire three years after the date on 
which it is executed if the work to be undertaken by the non-Federal 
public body has not commenced before the expiration of that period. 
The time allowed for completion of the work will be determined by 
the Secretary of the Army, acting through the Chief of Engineers, 
and stated in the agreement. 
(c) No reimbursement shall be made, and no expenditure shall be 
credited, pursuant to this section, unless and until the Chief of Engi-
neers or his designee, has certified that the work for which reimburse-
ment or credit is requested has been performed in accordance with the 
agreement. 
(d) Reimbursement for work commenced by non-Federal public 
bodies no later than one year after enactment oi this section, to carry 
out or assist in carrying out projects for beach erosion control, may be 
made in accordance with the provisions of section 2 of the Act of 
76 Stat. 1178. 
August 13, 1946, as amended (33 U.S.C. 426f). Reimbursement for 
such work may, as an alternative, be made in accordance with the 
provisions of this section, provided that agreement required herein 
shall have been executed prior to commencement of the work. Expend-
itures for projects for beach erosion control commenced by non-Fed-
eral public bodies subsequent to one year after enactment of this sec-
tion may be reimbursed by the Secretary of the Army, acting through 
the Chief of Engineers, only in accordance with the provisions of this 
section. 
(e) This section shall not be construed (1) as authorizing the 
United States to assume any responsibilities placed upon a non-Fed-
eral body by the conditions of project authorization, or (2) as com-
mitting the United States to reimburse non-Federal interests if the 
Federal project is not undertaken or is modified so as to make the 
work performed by the non-Federal Public body no longer applicable. 
Appropriation. 
^
f
^ -pj^^ Secretary of the Army is authorized to allot from any 
appropriations hereafter made for civil works, not to exceed $10,-
000,000 for any one fiscal year to carry out the provisions of this 
section. This limitation does not include specific project authorizations 
providing for reimbursement. 
vo^r^'^Jciskaskir 
^^^- 216. (a) The Secretary of the Army shall, without monetary 
River, 111. 
consideration, extend until October 1, 1964, the rights described in 
this section which were reserved until July 1,1964, to any former owner 
(including his heirs, administrators, executors, successors, and assigns) 
of the subsurface estate of any real property acquired by the United 
States in connection with the construction of the Carlyle Reservoir 
project on the Kaskaskia River, Illinois. The reserved rights referred 
to in this section are more particularly described as the reservation of 
all oil, gas, and other minerals of like fugacious character, together 
with rights necessary for the purpose of exploration, development, pro-
duction, and removal thereof within the Boulder Oil Field, and re-
stricted to section 2, township 2 north, range 2 west, and sections 34,35, 
and 36 in township 3 north, range 2 west, Clinton County, Illinois. 
(b) The Secretary of the Treasury is authorized and directed to pay, 
out of any money in the Treasury not otherwise appropriated, to such 
persons designated by the Secretary of the Army, whose rights are 
authorized to be extended by subsection (a) of this section, the amount 
of money determined by the Secretary of the Army to represent their 
respective interests in royalty payments received by the United States 
for the authorized three-month extended period. The total payments 
so made shall not exceed the sum of $6,401.16. 
82 STAT. 1 
PUBLIC LAW 90-48S-AUG. 13, 1968 
749 
SEC. 217. (a) No provision of law heretofore or hereafter enacted 
TVA power pro-
which limits the number of persons who may be appointed as full-time ^"^^^ ^""^ oyees. 
civilian employees, or temporary and part-time employees, in the 
executive branch of the Government shall apply to employees of the 
Tennessee Valley Authority engaged in its power program and paid 
exclusively from other than appropriated funds. In applying any such 
provision of law to other departments and agencies in the executive 
branch, the number of such employees of the Tennessee Valley Author-
ity shall not be taken into account. 
(b) No provision of law that seeks to limit expenditures and net 
lending during the fiscal year ending on June 30, 1969, under the 
Budget of the United States Government, shall apply to expenditures 
by the Tennessee Valley Authority out of the proceeds from its power 
operations, from the sale of any power program assets, or from power 
revenue bonds, notes, or other evidences of indebtedness. 
SEC. 218. The Chief of Engineers is directed to review the project 
P^OJ ect review; 
for the Devils Jumps Dam and Reservoir, Big South Fork of the 2^°;'.'°^°"' 
Cumberland River, Kentucky and Tennessee, and report to the Con-
gress not later than December 31, 1969, on the feasibility of such 
project for the purposes of House Document Numbered 175, Eighty-
seventh Congress. The Chief of Engineers, the Secretary of the In-
terior and the Secretary of Agriculture shall review and prepare 
such alternative plans as they may determine feasible and appropriate 
for the use of the Big South Fork of the Cumberland River and its 
tributaries in Kentucky and Tennessee and necessary contiguous areas 
for recreational, conservation, or preservation uses of such area and 
report to the Congress not later than December 31, 1969. The con-
struction of such project or any alternative project shall not be 
initiated until such reports have been made to and approved by the 
Congress. Such funds as may be necessary to carry out this section 
are hereby authorized. 
SEC. 219. The Secretary of the Army is hereby authorized and 
surveys. 
directed to cause surveys for flood control and allied purposes, includ-
ing channel and major drainage improvements, and floods aggravated 
by or due to wind or tidal effects, to be made under the direction of the 
Chief of Engineers, in drainage areas of the United States and its 
territorial possessions, which include the localities specifically named 
in this section. After the regular or formal reports made on any survey 
authorized by this section are submitted to Congress, no supplemental 
or additional report or estimate shall be made unless authorized by 
law except that the Secretary of the Army may cause a review of any 
examination or survey to be made and a report thereon submitted to 
Congress, if such review is required by the national defense or by 
changed physical or economic conditions. 
Burnett, Crystal, and Scotts Bays and vicinity, Baytown, Texas, 
in the interest of flood control, drainage, and related water and 
land resources, including specifically the problems of general sub-
sidence of the area and flood problems created thereby. 
Linville Creek, Caney Creek and Tres Palacious, Texas, in the 
interest of flood control and related purposes. 
Oso Creek, Texas, in the interest of flood control and related 
purposes. 
Maddaket, Smith's Point and Broad Creek, Massachusetts, in 
the interest of flood control, hurricane protection, navigation and 
related purposes. 
Streams at and in the vicinity of the Spring Mountain Youth 
Camp, Spring Mountain Range, Nevada, in the interest of flood 
control, bank erosion control, and allied purposes. 
750 
PUBLIC LAW 90-484-AUG. 13, 1968 
[82 STAT. 
Citation of title. 
Virgin River, at and in the vicinity of Bunkerville, Mesquite, 
and Riverside, Nevada, in the interest of flood control, bank erosion 
control, and allied purposes. 
Cuyahoga River from Upper Kent to Portage Trail in Cuyahoga 
Falls, Ohio, in the interest of flood control, pollution abatement, 
low flow regulation, and other allied water purposes. 
Kalihi Stream, Honolulu, Oahu, Hawaii. 
SEC. 220. Title I I of this Act may be cited as the "Flood Control Act 
of 1968". 
TITLE III—RIVER BASIN MONETARY AUTHORIZATIONS 
SEC. 301. That (a) in addition to previous authorizations, there is 
hereby authorized to be appropriated for the prosecution of the com-
prehensive plan of development of each river basin under the jurisdic-
tion of the Secretary of the Army referred to in the first column below, 
which was basically authorized by the Act referred to by date of enact-
ment in the second column below, an amount not to exceed that shown 
opposite such river basin in the third column below: 
Basin 
Act of 
Congress 
Amount 
68 Stat. 1248-
33 u s e 701-1 
note-706. 
Citation of title. 
Alabama-CoosaRiver... 
Mar. 2,1945 
$29,000,000 
Arkansas River 
June 28.1938 
108,000,000 
Brazos River... 
Sept. 3,1954 
2,000,000 
Central and southern Florida 
June 30,1948 
15,000,000 
Columbia River 
June 28,1938 
193,000,000 
Missouri River 
June 28,1938 
38,000,000 
Ohio River 
June 22,1936 
35,000,000 
Ouachita River 
May 17,1950 
10,000,000 
San Joaquin River 
Dec. 22,1944 
17,000,000 
South Platte River 
May 17,1950 
12,000,000 
Upper Mississippi River... 
June 28,1938 
5,000,000 
White River 
June 28,1938 
2,000,000 
(b) The total amount authorized to be appropriated by this section 
shall not exceed $466,000,000. 
SEC. 302, In addition to the previous authorization, the completion of 
the system of flood control reservoirs on the West Branch Susque-
hanna River, Pennsylvania, authorized by the Flood Control Act of 
1954, is hereby authorized at an estimated cost of $3,000,000. 
SEC. 303, Title I I I of this Act may be cited as the "River Basin 
Monetary Authorization Act of 1968". 
Approved August 13, 1968. 
August 13, 1968 
[S.3638] 
Public Law 90-484 
AN ACT 
To provide indemnity payments to dairy farmers. 
Dairy farmers. 
Indemnity pay-
ments. 
Appropriation 
authorization. 
Expiration date. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That the Secretary 
of Agriculture is authorized to make indemnity payments, at a fair 
market value, to dairy farmers who have been directed since January 1, 
1964, to remove their milk from commercial markets because it con-
tained residues of chemicals registered and approved for use by the 
Federal Government at the time of such use. Such indemnity payments 
shall continue to each dairy farmer until he has been reinstated and 
is again allowed to dispose of his milk on commercial markets. 
SEC. 2. There is hereby authorized to be appropriated such sums 
as may be necessary to carry out the purposes of this Act. 
SEC. 3. The authority granted under this Act shall expire on June 30, 
1970. 
Approved August 13, 1968.