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 91-611 (H.R.19877), enacted 12/31/1970

1818 
PUBLIC LAW 91-611-DEC. 31, 1970 
[84 STAT. 
Public Law 91-611 
December 3 1 , 1970 
A N A C T 
LH.R. 19877]— Authorizing the construction, repair, and preservation of certain public works on 
rivers and harbors for navigation, flood control, and for other purposes. 
Be It enacted hy the Senate and House of Representatives 
of the 
and'Fro*^od"co" tror ^^'^ 
'^^^^ 
Sttttes of America in Congress assembled. 
acts, 1970. 
59 Stat. 10. 
TITLE I—RIVERS AXD HARBORS 
SEC. 101. The following works of improvement of rivers and harbors 
and other waterways for navigation, flood control, and other purposes 
are hei-eby adopted and authorized to be prosecuted by the Secretary of 
the Army, acting through the Chief of Engineers, in accordance with 
the plans and subject to the conditions recommended by the Chief of 
Engineers in the respective reports hereinafter designated. The provi-
sions of section 1 of the River and Harbor Act approved March 2,1945 
(Public Law Numbered 14, Seventy-ninth Qongress), 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 incidental thereto, shall apply as if herein set forth in full. 
NAVIGATIOX 
Pleasant Bay, Massachusetts: House Document Numbered 91-430, 
at an estimated cost of $10,221,000; 
Baltimore Harbor and Channels, Maryland and Virginia: Chief of 
Engineers report dated September 21, 1970, except that not to exceed 
$40,000,000 is authorized for initiation and partial accomplishment 
of such project, and except that construction shall not be initiated until 
approved by the Secretary of the Army and the President; 
Atlantic Intracoastal Waterway Bridges, Virginia and North Caro-
lina : Chief of Engineere report dated November 24, 1970, at an esti-
mated cost of $11,220,000, except that construction shall not be ini-
tiated until approved by the Secretary of the Army and the President; 
Manteo (Shallowbag) Bay, North Carolina: House Document 
Numbered 91-303, at an'estimated cost of $10,769,000; 
Pamlico River and Morehead City Harbor, North Carolina: Report 
of the Chief of Engineers dated November 23, 1970, at an estimated 
cost of $2,642,000, except that construction shall not be initiated until 
approved by the Secretary of the Army and the President; 
Port Sutton, Tampa Harbor. Florida: House Document Numbered 
91-150 maintenance; 
Tampa Harbor, Florida: House Document Numbered 91-401, 
except that not to exceed $40,000,000 is authorized for initiation and 
partial accomplishment of such project; after the date of enactment 
of this Act the Secretary of the Army, acting through the Chief of 
Engineers, shall maintain the Port Sutton Terminal Channel and the 
East Bay Channel and Turning Basin; 
Freeport Harbor, Texas: Chief of Engineers report dated Novem-
ber 23,1970, at an estimated cost of $13,710,000, except that construc-
tion shall not be initiated until approved by the Secretary of the Army 
and the President; 
Coos Bay, Oregon: House Document Numbered 91-151, at an esti-
mated cost of $9,100,000; 
Nawdliwili Harbor, Kauai, Hawaii: Chief of Engineers report dated 
November 24, 1970, at an estimated cost of $1,952,000, except that 
construction shall not be initiated until approved by the Secretary 
of the Army and the President. 
nel, study. 
84 STAT. ] 
PUBLIC LAW 91.^11-DEC. 31, 1970 
1819 
BEACH EROSION 
Lido Key, Florida: House Document l^umbered 91-320, at an 
estimated cost of $240,000; the Secretary of the Army, acting through 
tlie Chief of Engineers, is authorized to reimburse or credit local 
interests for work performed by them subsequent to July 1, 1968, and 
in accordance with the recommended plan of improvement. 
SEC. 102. The Secretary of the Army is hereby authorized and ^^^^"'^^^^^}°'^ '=^""' 
directed to cause an immediate study to be made under the direction 
of the Chief of Engineers of a navigation channel, having a depth of 
seventeen feet at mean low water, and a width of one hundred feet, 
extending a distance of approximately two and one-half miles from 
deep water in Saint Georges Creek, Maryland, to the Harry Lunde-
berg School of Seamanship at Piney Point, Maryland, and terminating 
in a turning basin at that location. Such project because of its immedi- 
Appropriation. 
ate and long-range value to the United States Merchant Marine and 
to national defense, is hereby authorized, at an estimated cost of 
$475,000, as determined to be feasible and justified by the Chief of 
Engineers and Secretary of the Army wath the approval of the Presi-
dent, unless within the first period of ninety calendar days of continu-
ous session of the Congress after the date on w^hich the report is 
Report to con.. 
submitted to it, such report is disapproved by the Congress. The s""^^^' 
requirements for cooperation shall include provisions that local inter-
ests shall furnish all lands, easements, and rights-of-w^ay for construc-
tion and future maintenance of the project; hold and save the United 
States free from damages, and bear the cost of all spoil disposal areas. 
SEC. 103. The costs of operation and maintenance of the general navi-
gation features of small boat harbor projects authorized between 
January 1, 1970, and December 31, 1970, under the authority of this 
Act, section 201 of the Flood Control Act of 1965, or section 107 of the 
7
9 stat. 1073. 
River and Harbor Act of 1960, shall be borne by the United States. 
7^ "^^^^ Zff'^' 
SEC. 104. The proviso in section 6 of the Act of July 3, 1930, as 
33 use 577.' 
amended (48 Stat. 948; 33 U.S.C. 569a), is amended to read as follows: 
^^ stat. les. 
''"Provided^ That individuals so engaged may be paid at rates not to 
exceed the daily equivalent of the rate for GS-18 for each day of their 
^"'^' P- i^s-i^-
services,*' 
SEC. 105. The civilian members of the Board on Coastal Engineering 
^o^^d on coastai 
Research authorized by the Act of November 7,1963 (33 U.S.C. 426-2) 
'^earch^'^ZX's^ 
may be paid at rates not to exceed the daily equivalent of the rate for tion. 
GS-18 for each day of attendance at Board meetings, not to exceed 
''^ ^^^^' ^°5* 
thirty days per year, in addition to the traveling and other necessary 
expenses connected with their duties on the Board in accordance with 
the provisions of 5 U.S.C. 5703 (b), (d), and 5707. 
so stat. 499; 
SEC. 106. The Secretary of the Army is hereby authorized and ^ ^survey s!°* 
directed to cause surveys to be made at the following locations and sub-
ject to all applicable provisions of section 110 of the River and 
Harbor Act of 1950: 
^^ stat. les. 
Shooters Island, New York, possible removal and utilization for fill 
and widening of Arthur Kill. 
Elk River, Maryland. 
Stillpond Creek, Kent County, Maryland. 
Patapsco River, Brooklyn, Maryland. 
Kanawha and James Rivers, with a view to determining the advisa-
bility of providing a waterway connecting the Kanawha River, West 
Virginia, and James River, Virginia, by canals and appurtenant 
facilities. 
Ventura Marina to Ventura Keys, Ventura County, California. 
Harbors and rivers in American Samoa and the territory of Guam, 
in the interests of navigation, flood control, and related water resources 
purposes. 
1820 
PUBLIC LAW 91-611-DEC. 31, 1970 
[84 STAT. 
Great Lakes and 
Saint Lawrence 
Seaway, survey. 
Navigation sea-
son, extension. 
Report to Con-
gress. 
Appropriation, 
Shippers and 
vessels, insurance 
rates, study. 
Report to Con-
gress. 
Cuyahoga River 
Basin, Ohio, study. 
Federal and State 
agencies, coopera-
tion. 
Kaiieohe Bay, Oahii, Hawaii, with a view of recommending improve-
ments in the interests of polhition abatement, navigation, recreation, 
and overall bay development. 
Wailua, Kauai, Hawaii (beach erosion). 
West Hawaii, Kona area, Hawaii, Hawaii (beach erosion). 
Maunalua Bay, Oahu, Hawaii (beach erosion). 
Hanauma Bs.y, Oahu, Hawaii (beach erosion). 
Kaaawa area, Oahu, Hawaii (beach erosion). 
Hauula area, Oahu, Hawaii (beach erosion). 
Mokuleia area,Oahu,Hawaii (beach erosion). 
Keehi Lagoon area, Oahu, Hawaii (beach erosion). 
Sandy Beach Park, Oahu, Plawaii (beach erosion). 
Ewa Beach, Oahu, Hawaii (beach erosion). 
Maile-Waianae coast area, Oahu, Hawaii (beach erosion). 
SEC. 107. (a) The Secretary of the Anny, acting through the Chief 
of Engineers, is authorized to conduct a survey of the Oreat Lakes and 
Saint Lawrence Seaway to determine the feasibility of means of 
extending the navigfition season in accordance with the recommenda-
tions of the Chief of Engineers in his report entitled "Great Lakes and 
Saint Lawrence Seaway—Navigation Season Extension." 
(b) The Secretary of the Army, acting through the Chief of Engi-
neers, in cooperation with the Departments of 
Transportation, 
Interior, and Commerce, including specifically the Coast Guard, the 
Saint Lawrence Seaway Development Corporation, and the Maritime 
Administration; 
the 
Environmental 
Protection 
Agency; 
other 
interested Federal agencies, and non-Federal public and private 
interests, is authorized and directed to undertake a program to 
demonstrate the practicability of extending the navigation season on 
the Great Lakes and Saint Lawrence Seaway. Such program shall 
include, but not be limited to, ship voyages extending beyond the 
normal navigation season; observation and surveillance of ice condi-
tions and ice forces; environmental and ecological investigations; 
collection of technical data related to improved vessel design; ice con-
trol facilities, and aids to navigation; physical model studies; and coor-
dination of the collection and dissemination of inf onnation to shippers 
on weather and ice conditions. The Secretary of the Army, acting 
through the Chief of Engineers, shall submit a report describing the 
results of the program to the Congress not later than July 30, 1974. 
There is authorized to be appropriated to the Secretary of the Army 
not to exceed $6,500,000 to carry out this subsection. 
(c) The Secretary of Commerce, acting through the Maritime 
Administration, in consultation with other interested Federal agencies, 
representatives 
of 
the merchant 
marine, insurance 
companies, 
industry, and other interested organizations, shall conduct a study of 
ways and means to provide reasonable insurance rates for shippers 
and vessels engaged in waterborne commerce on the Great Lakes and 
the Saint Lawrence Seaway beyond the present navigation season, 
and shall submit a report, together with any legislative recommenda-
tions, to Congress by June 30,1971. 
SEC. 108. (a) The Secretary of the Army, acting through the Chief 
of Engineers, is authorized to investigate, study, and undertake meas-
ures in the interests of water quality, environmental quality, recreation, 
fish and wildlife, and flood control, for the Cuyahoga River Basin, 
Ohio. Such measures shall include, but not be limited to, clearing, 
snagging, and removal of debris from the river's bed and banks; dredg-
ing and structural works to improve streamflow and water quality; 
and bank stabilization by vegetation and other means. In carrying out 
such studies and investigations the Secretary of the Army, acting 
through the Chief of Engineers, shall cooperate with interested Fed-
eral and State agencies. 
84 STAT. ] 
PUBLIC LAW 91-611-DEC. 31, 1970 
1821 
(b) Prior to initiation of measures authorized by this section, such 
non-Federal public interests as the Secretary of the Army, acting 
through the Chief of Engineers, may require shall agree to such condi-
tions of cooperation as the Secretary of the Army, acting through the 
Chief of Engineers, determines appropriate, except that such condi-
tions shall be similar to those required for similar project purposes in 
other Federal water resources projects. 
SEC. 109. (f) Section 110 of the River and Harbor Act of 1958 (72 ^11^^^°^^ Tcanai 
Stat. 297) is amended to read as follows: 
addiAonT/'fund"! ' 
"(f) There is hereby authorized to be appropriated the sum of 
76stat. 1179. 
$2,000,000 to carry out the provisions of this section and, upon comple-
tion of transfer to the State of Illinois of all right, title, and interest 
of the United States in and to the canal, an additional sum of $6,528,000 
to be expended for the repair, modification, and maintenance of 
bridges, title transfer, modification or rehabilitation of hydraulic struc-
tures, fencing, clearing auxiliary ditches, and for the repair and modi-
fication of other canal property appurtenances, notwithstanding 
subsection (b) of this section." 
SEC. 110. The project for the Trinity River and tributaries, Texas, 
Trinity River 
authorized in section 301 of the River and Harbor Act of 1965 (79 T'^X." "^"^^" 
Stat. 1073) is hereby modified to provide that not to exceed $75,000 
of the costs incurred in 1968 and 1969 by the Trinity River Authority 
of Texas for aerial photography and mosaic preparation furnished 
to and accepted by the Secretary of the Army, acting through the 
Chief of Engineers, shall be credited as a part of the local contribution 
required of such authority for such project. 
SEC. 111. In all cases where real property shall be taken by the United 
^^^^ property, 
States for the public use in connection wnth any improvement of '^°'"P®"^^ ^°"* 
rivers, harbors, canals, or waterways of the United States, and in all 
condemnation proceedings by the United States to acquire lands or 
easements for such improvements, the compensation to be paid for 
real property taken by the United States above the normal high water 
mark of navigable w^aters of the United States shall be the fair market 
value of such real property based upon all uses to which such real 
property may reasonably be put, including its highest and best use, 
any of which uses may be dependent upon access to or utilization of 
such navigable waters. In cases of partial takings of real property. 
Restriction. 
no depreciation in the value of any remaining real property shall be 
recognized and no compensation shall be paid for any damages to 
such remaining real property which resvilt from loss of or reduction of 
access from such remaining real property to such navigable waters 
because of the taking of real property or the purposes for which such 
real propertjy is taken. The compensation defined herein shall apply 
t-o all acquisitions of real property after the date of enactment of this 
Act, and to the determination of just compensation in any condemna-
tion suit pending on the date of enactment hereof. 
SEC. 112. (a) Subsection (a) of section 107 of the River and Harbor 
Act of 1960 (33 U.S.C. 577) is amended by striking out "$10,000,000'' 
79 stat. 1095. 
and inserting in lieu thereof "$25,000,000". Subsection (b) of such 
section 107 is amended by striking out "$500,000" and inserting in 
lieu thereof "$1,000,000". 
(b) Section 3 of the Act entitled "An Act authorizing Federal 
participation in the cost of protecting the shores of publicly owned 
property", approved August 13, 1946, as amended (33 U.S.C. 426g), 
IS amended (1) by striking out "$10,000,000" and inserting in lieu 
thereof "$25,000,000", and (2) by striking out "$500,000" and inserting 
in lieu thereof "$1,000,000". 
(c) The amendments made by this section shall not apply to any 
project under contract for construction on the date of enactment of 
this Act. 
1822 
PUBLIC LAW 91-611-DEC. 31, 1970 
[84 STAT. 
5 9 Stat. 10. 
33 u s e 544b, 
603a. 
Spaniard Creek, 
Okla., bridge con-
struction. 
60 Stat. 634. 
Chicago River, 
111., channel 
clearance. 
Appropriation. 
Port Oxford, 
Ore., project. 
79 Stat. 1089. 
74 Stat. 480. 
72 Stat. 563. 
16 u s e 661 note. 
79 Stat. 216. 
16 u s e 4 60^-
Charter fishing 
craft. 
SEC. 113. The New York Harbor Collection and Eemoval of Drift 
project is hereby modified substantially in accordance with the plans 
on file in the Office, Chief of Engineers^ subject to the approval of 
such plans and recommendations for requirements of local cooperation 
by the Secretary of the Army and the President. Any disposal of 
materials in carrying out this project shall be in accordance with 
Federal and State laws and regulations with respect to the control of 
air and water pollution. 
SEC. 114. The project for Santa Barbara Harbor, California, author-
ized by the River and Harbor Act approved March 2, 1945, is hereby 
modified to provide that the dredging and maintenance of such project 
shall be the responsibility of the United States. 
SEC. 115. The multiple-purpose plan for improvement of the 
Arkansas River and tributaries, authorized by the River and Harbor 
Act of July 24, 1946, as amended and modified, is hereby further 
modified to authorize the Secretary of the Army, acting through the 
Chief of Engineers, to construct a bridge and necessary approach 
facilities across Spaniard Creek, Muskogee Count}^, Oklahoma, as a 
replacement for the former bridge which was removed in connection 
with the construction of Lock and Dam Numbered 16. Appropriate 
non-Federal interests as determined by the Secretary of the Army, act-
ing through the Chief of Engineers, shall own, operate, and maintain 
the bridge and approach facilities after completion of construction. 
SEC. 116. (a) The Secretary of the Army, acting through the 
Chief of Engineers, is authorized to undertake measures to clear the 
channel of the North Branch of the Chicago River, Illinois, of fallen 
trees, roots, and other debris and objects which contribute to flooding, 
unsightliness, and pollution of the river. 
(b) Prior to initiation of measures authorized by this section, such 
non-Federal interests as the Secretary of the Army, acting through 
the Chief of Engineers, may require shall agree to such conditions 
of cooperation as the Secretary of the Army, acting through the Chief 
of Engineers, determines appropriate, except that such conditions 
shall be similar to those required for similar project purposes in other 
Federal water resources projects. 
(c) There is authorized to be appropriated to the Secretary of the 
Army not to exceed $200,000 for the Federal share of the project. 
SEC. 117. The project for Port Orford, Oregon, authorized by the 
River and Harbor Act of 1965 in accordance with the recommendations 
of the Chief of Engineers in Senate Document Numbered 62, Eighty-
eighth Congress, is hereby modified to provide for maintenance of a 
suitable channel to the existing port facilities, not exceeding the 
sixteen-foot natural depth available at the time of project authoriza-
tion, subject to the conditions that local interests agree to (1) provide 
without cost to the L^nited States all necessary lands, easements, and 
rights-of-way; and (2) hold and save the United States free from 
damages due to the work. No such dredging shall be performed within 
fifty feet of the docks. 
SEC. 118. The project for the Ouachita and Black Rivers, Arkansas 
and Louisiana, authorized by the River and Harbor Act of 1960, is 
hereby modified to provide for the acquisition of lands for establish-
ment of national wildlife refuges, under the provisions of Public Law 
85-624 and section 6(c) of Public Law 89-72, at an estimated addi-
tional Federal cost of $13,500,000, substantially in accordance with the 
report of the Chief of Engineers dated November 25, 1970, subject to 
approval by the Secretary of the Army and the President. 
SEC. 119. The Chief of Engineers, for the purpose of determining 
Federal and non-Federal cost sharing, relating to proposed construc-
tion of small-boat navigation projects, shall consider charter fishing 
craft as commercial vessels. 
84 STAT. ] 
PUBLIC LAW 91-611-DEC. 31, 1970 
1823 
SEC. 120. Paragraph (1) of subsection (p) of section 11 of the Fed-
eral Water Pollution Control Act, as amended, is amended by inserting 
^"'®' P* ^'• 
after the word "size", in the first sentence thereof, a new clause as 
follows: "but not including any barge that is not self-propelled and 
that does not carir oil as cargo or fuel," 
SEC. 121. The Secretary of the Army, acting through the Chief of AiiskarinvVstiga-
Engineera, in cooperation with the Secretary of Housing and Urban tion. 
Development shall investigate the T^-K Street slide area in Anchor-
age, Alaska, with a view of determining the practicability and the 
feasibility of corrective measures that would permit federal mortgage 
insurance under the National Housing Act for homes and multifamily 
\l ^gj.* l^^f' 
structures in the area and shall report thereon to the Congress. 
and note. 
SEC. 122. Not later than July 1, 1972, the Secretary of the Army, 
^^^P°'^ '° con-
acting through the Chief of Engineers, after consultation with appro- ^''^^^' 
priate Federal and State officials, shall submit to Congress, and not ronmlnui e«ec'ts, 
later than ninety days after submission, promulgate guidelines report to congress, 
designed to assure that possible adverse economic, social and environ-
mental effects relating to any proposed project have been fully con-
sidered in developing such project, and that the final decisions on 
the project are made in the best over all public interest, taking into 
consideration the need for flood control, navigation and associated 
purposes, and the cost of eliminating or minimizing such adverse 
affects and the following: 
(1) Air, noise, and water pollution; 
(2) destruction or disruption of man-made and natural 
resources, esthetic values, community cohesion and the availability 
of public facilities and services; 
(3) adverse employment effects and tax and property value 
losses; 
(4) injurious displacement of people, businesses, and farms; 
and 
(5) disruption of desirable community and regional growth. 
Such guidelines shall apply to all projects authorized in this Act and 
proposed projects after the issuance of such guidelines. 
SEC. 123. (a) The Secretary of the A m y , acting through the Chief dispo"sal7alnm"s. 
of Engineers, is authorized to construct,, operate,, and maintain, 
subject to the provisions of subsection (c), contained spoil disposal 
facilities of sufficient capacity for a period not to exceed ten years, 
to meet the requirements of this section. Before establishing each 
such facility, the Secretary of the Army shall obtain the concurrence 
of appropriate local governments and shall consider the views and 
recommendations of the Administrator of the Environmental Pro-
tection Agency and shall comply with requirements of section 21 of 
the Federal Water Pollution Control A.ct, and of the National Environ- 
^"^^' p. 107. 
mental Policy Act of 1969. Section 9 of the River and Harbor Act of 
^^ ^*|^- ^^^^ ^^^ 
1899 shall not apply to any facility authorized by this section. 
note. 
(b) The Secretary of the Army, acting through the Chief of Engi- 
3° stat. nsi. 
neers, shall establish the contained spoil disposal facilities authorized 
'^° * 
in subsection (a) at the earliest practicable date, taking into consider-
ation the views and recommendations of the Administrator of the 
Environmental Protection Agency as to those areas which, in the 
Administrator's judgment, are most urgently in need of such facilities 
and pursuant to the requirements of the National Environmental 
Policy Act of 1969 and the Federal Water Pollution Control Act. 
(c) Prior to construction of any such facility, the appropriate 
State or States, interstate agency, municipality, or other appropriate 
political subdivision of the State shall agree in writing to (1) furnish 
all lands, easements, and rights-of-way necessary for the construction, 
operation, and maintenance of the facility; (2) contribute to the 
United States 25 per centum of the construction costs, such amount 
1824 
PUBLIC LAW 91-611-DEC. 31, 1970 
[84 STAT. 
Waiver. 
Title retention. 
Use charges. 
Applicability. 
Navigable waters, 
etc., extension, 
study. 
Citation of title. 
to be payable either in cash prior to construction, in installments dur-
ing construction, or in installments, with interest at a rate to be deter-
mmed by the Secretary of the Treasury, as of the beginning of the 
fiscal year in which construction is initiated, on the basis of the com-
puted average interest rate payable by the Treasury upon its outstand-
mg marketable public obligations, which are neither due or callable 
for redemption for fifteen years from date of issue; (3) hold and save 
the United States free from damages due to construction, operation, 
and maintenance of the facility; and (4) except as provided in sub-
section (f), maintain the facility after completion of its use for dis-
posal purposes in a manner satisfactory to the Secretary of the Army. 
(d) The requirement for appropriate non-Federal interest or inter-
ests to furnish an agreement to contribute 25 per centum of the con-
struction costs as set forth in subsection (c) shall be waived by the 
Secretary of the Army upon a finding by the Administrator of 
the Environmental Protection Agency that for the area to which such 
construction applies, the State or States involved, interstate agency, 
municipality, and other appropriate political subdivision of the State 
and industrial concerns are participating in and in compliance with 
an approved plan for the general geographical area of me dredging 
activity for construction, modification, expansion, or rehabilitation of 
waste treatment facilities and the Administrator has found that 
applicable water quality standards are not being violated. 
(e) Notwithstanding any other provision of law, all costs of dis-
posal of dredged spoil from the project for the Great Lakes connect-
ing channels, Michigan, shall be borne by the United States. 
(f) The participating non-Federal interest or interests shall retain 
title to all lands, easements, and rights-of-way furnished by it pursuant 
to subsection (c). A spoil disposal facility owned by a non-Federal 
interest or interests may be conveyed to another party only after com-
pletion of the facility's use for disposal purposes and after the trans-
feree agrees in writing to use or maintain the facility in a manner which 
the Secretary of the Army determines to be satisfactory. 
(g) Any spoil disposal facilities constructed under the provisions of 
this section shall be made available to Federal licensees or permittees 
upon payment of an appropriate charge for such use. Twenty-five per 
centum of such charge shall be remitted to the participating non-
Federal interest or interests except for those excused from contributing 
to the construction costs under subsections (d) and (e). 
(h) This section, other than subsection (i), shall be applicable only 
to the Great Lakes and their connecting channels. 
(i) The Chief of Engineers, under the direction of the Secretary of 
the Army, is hereby authorized to extend to all navigable waters, con-
necting channels, tributary streams, other waters of the United States 
and waters contiguous to the United States, a comprehensive program 
of research, study, and experimentation relating to dredged spoil. This 
program shall be carried out in cooperation with other Federal and 
State agencies, and shall include, but not be limited to, investigations 
on the characteristics of dredged spoil, and alternative methods of its 
disposal. To the extent that such study shall include the effects of such 
dredge spoil on water quality, the facilities and personnel of the Envi-
ronmental Protection Agency shall be utilized. 
SEC. 124. Title I of this Act may be cited as the "River and Harbor 
Act of 1970". 
TITLE II—FLOOD CONTROL 
82 Stat. 739. 
33 u s e 701c 
note, 701-1 note. 
SEC. 201. Sections 201 and 202 and the last three sentences in section 
203 of the Flood Control Act of 1968 shall apply to all projects 
authorized in this title. The following works of improvement for the 
benefit of navigation and the control of destructive floodwaters and 
84 STAT. ] 
PUBLIC LAW 91-611-DEC. 31, 1970 
1825 
other purposes are hereby adopted and authoiized to be prosecuted 
by the Secretary of the Army, acting through the Chief of Engineers, 
in accordance with the plans and subject to the conditions recom-
mended to be the Chief of Engineers in the respective reports here-
inafter designated. 
ARKANSAS RIVER BASIN" 
The project for flood protection and other purposes on the Deep 
Fork River in the vicinity of Arcadia, Oklahoma, is hereby authorized 
substantially in accordance with the recommendations of the Chief of 
Engineers in House Document Numbered 91-299, at an estimated cost 
of $24,900,000. 
ARKANSAS-RED RIVER BASIN 
The project for water quality control in the Arkansas-Red River 
Basin, Texas, Oklahoma, and Kansas, designated as Part I, authorized 
by the Flood Control Act of 1966, is hereby modified to include Part I I 
of such project, substantially in accordance wath the recommendations 
^o stat. 1420. 
of the Chief of Engineers in his report dated May 6,1970, except that 
the amount authorized for Part I shall be utilized for initiation and 
partial accomplishment of Parts I and 11. Construction shall not be 
initiated until approved by the Secretary of the Army and the 
President. 
LOWER MISSISSIPPI RIVER BASIN 
33 u s e 702a 
et 
seq. 
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 project for flood protection within the areas of eastern 
Rapides and south-central Avoyelles Parishes, Louisiana, that are 
drained by the Bayou des daises diversion channel, and Lake Long, 
and their tributaries, substantially in accordance with the recom-
mendations of the Chief of Engineers in Senate Document Numbered 
91-lia, at an estimated cost of $15,333,000. 
MISSOURI RIVER BASIN 
The project for flood protection and other purposes in the Blue 
River Basin, vicinity of Kansas City, Missouri and Kansas, is hereby 
authorized substantially in accordance with the recommendations of 
the Chief of Engineers in House Document Numbered 91-332, except 
that not to exceed $40,000,000 is authorized for initiation and partial 
accomplisliment of the project. Construction of the Tomahawk Creek 
Reservoir shall not be initiated until the Secretary of the Army has 
been assured by the Chief of Engineers that the most feasible com-
bination of improvements having the most favorable impact upon the 
environment and future development of the Tomahawk Creek Water-
shed has been assured. 
The project for Oahe Dam and Reservoir, Missouri River, North ^^f^l^^"^ ^"'^ 
Dakota, is hereby authorized substantially in accordance with the 
recommendations of the Chief of Engineers in Senate Document 
Numbered 91-23, at an estimated cost of $732,000. 
RED RIVER o r T H E 
NORTH 
The project for flood protection and other purposes on Wild Rice 
River, Minnesota, is hereby authorized substantially in accordance 
with the recommendations of the Chief of Engineers in House Docu-
ment Numbered 366, Ninetieth Congress, at an estimated cost of 
$8,359,000. 
Reservoir. 
1826 
PUBLIC LAW 91-611-DEC. 31, 1970 
[84 STAT. 
The project for flood protection and other purposes on the Sheyenne 
River, North Dakota, is hereby authorized substantially in accordance 
with the recommendations of the Chief of Engineers m House Docu-
ment Numbered 91-330, at an estimated cost of $20,000,000. 
SOUEIS RIVER BASIN 
The project for Burlington Dam and Reservoir on the Souris River, 
North Dakota, for flood protection and other purposes, is hereby 
authorized substantially in accordance with the recommendations of 
the Chief of Engineers in House Document Numbered 91-321, at an 
estimated cost of $29,240,000. 
SAXTA BARBARA COUNTY COASTAL STREAMS 
The project for flood protection on Atascadero Creek and its tribu-
taries of Goleta, California, is hereby authorized substantially in 
accordance with the recommendations of the Chief of Engineers in 
House Document Numbered 91-392, at an estimated cost of $13,830,000. 
SABINE RIVER BASIN 
The project for flood protection and other purposes in the Sabine 
River Basin, Texas and Louisiana, is hereby authorized substantially 
in accordance with the recommendations of the Chief of Engineers in 
House Document Numbered 91-429, except that not to exceed 
$40,000,000 is authorized for initiation and partial accomplishment of 
the project. 
UPPER MISSISSIPPI RIVER BASIN 
The project for flood protection on the Mississippi River at Daven-
port, Iowa, is hereby authorized substantially in accordance with the 
recommendations of the Chief of Engineers in his report dated 
December 4, 19T0, at an estimated cost of $12,263,000. Construction 
shall not be initiated until approved by the Secretary of the Army and 
by the President. 
OHIO RIVER BASIN 
The project for flood protection on Mill Creek, Ohio, is hereby 
authorized, substantially m accordance with the recommendations of 
the Chief of Engineers in House Document Numbered 91-413, at an 
estimated cost of $32,642,000. 
Mich. 
Ellicott Creek, 
N.Y. 
Study, report to 
Congress. 
GREAT LAKES BASIN 
The project for flood protection along Red Run Drain and Lower 
Clinton River, Michigan, is hereby authorized, substantially in accord-
ance with the recommendations of the Chief of Engineers in House 
Document Numbered 91-431, except that not to exceed $40,000,000 is 
authorized for initiation and partial accomplishment of the project. 
The project for the Sandridge Dam and Reservoir, Ellicott Creek, 
New York, for flood protection and other purposes is hereby author-
ized, substantially in accordance with the recommendations of the 
Chief of Engineers in his report dated November 25, 1970, at an esti-
mated cost of $19,070,000. Construction shall not be initiated until 
approved by the Secretary of the Army and the President. Prior to 
the commencement of this project, including, but not limited to, 
acquisition of real property, the Secretary of the Army, acting through 
the Chief of 
Engineers, shall investigate all possible alternative 
methods, including, but not limited to, possible relocation of elements 
84 STAT. ] 
PUBLIC LAW 91-611-DEC. 31, 1970 
1827 
of the project, installation of channels, j^rovision of levees and flood-
walls, decreasing of size of project facilities, rerouting of streams, 
raising or lowering pools, and deepening channels and movement on 
the stream, or any combination of the foregoing that can accomplish 
the purposes of this project and shall report his findings and determi-
nations to the Congress. 
COMMONWEALTH OF PUERTO RICO 
The project for flood protection and other purposes for Portugues 
Dam and Reservoir, Puerto Rico, is hereby authorized substantially 
in accordance with the recommendations of the Chief of Engineers 
in House Document Numbered 91-422, at an estimated cost of 
$11,110,000. 
The project for flood protection and other purposes for Cerrillos 
Dam and Reservoir, Puerto Rico, is hereby authorized substantially 
in accordance with the recommendations of the Chief of Engineers in 
House Document Numbered 91-422, at an estimated cost o
f
^ $16,351,000. 
The project for flood protection and other purposes for channel 
improvement at Ponce, Puerto Rico, is hereby authorized substantially 
in accordance with the recommendations of the Chief of Engineers in 
House Document Numbered 91-422, at an estimated cost of $14,295,000. 
SACRAMENTO RIVER BASIN 
The project for flood protection and other purposes on Cottonwood 
Creek, California, is hereby authorized substantially in accordance 
with the recommendations of the Chief of Engineers in his report 
dated December 14, 1970, except that not to exceed $40,000,000 is 
authorized for initiation and partial accomplishment of the project. 
Construction shall not be initiated until approved by the Secretary of 
the Army and the President. 
SAN JOAQUIN RIVER BASIN 
The project for Merced County Streams, California, is hereby 
authorized substantially in accordance with the recommendations of 
the Chief of Engineers in his report dated November 25, 1970, at an 
estimated cost of $37,260,000. Construction shall not be initiated until 
approved by the Secretary of the Army and the President. 
KANF>OIIE-KAILUA AREA, OAHU, HAWAII 
The project for flood protection in the Kaneohe-Kailua area on the 
east coast of the island of Oahu, Hawaii, is hereby authorized substan-
tially in accordance with the recommendations of the Chief of Engi-
neers in his report dated November 23, 1970, at an estimated cost of 
$7,249,000. Construction shall not he initiated until approved by the 
Secretary of the Army and the President. 
SEC 202. (a) The plan for flood protection in the Big Sandy River 
°\'° ^/J-Tct 
Basin, Kentucky, West Virginia, and Virginia, included in the com- modifi'cati°in! 
rehensive plan for flood control in the Ohio River Basin, authorized 
y the Flood Control Act, approved June 22, 1936 (49 Stat. 1570), as 
amended and modified, is hereby further modified to authorize the 
Secretary of the Army, acting through the Chief of Engineers, to 
relocate I^visa Fork of the Big Sandy River at Pikeville, Kentucky, 
and to construct related drainage facilities, in connection with the city 
of Pikeville's model city program. Such channel relocation shall be 
accomplished by excavation of an open cut to connect the points of the 
horseshoe bend in Levisa Fork at Pikeville, and the open cut shall be 
designed and constructed to such dimensions and grades as will permit 
47-348 O - 72 - 32 (Pt. 2) 
I 
1828 
PUBLIC LAW 91-611-DEC. 31, 1970 
[84 STAT. 
Participating 
agencies, agree« 
ment. 
50 Stat. 877. 
33 use 701c. 
43 use 1501 
note, 
Puerto Rico, 
Reports to Con-
gress. 
East Grand 
Forks, Minn. 
64 Stat. 170. 
33 u s e 701c 
Wolf ereek Park 
rea, Tex. 
relocation of the river with the Chesapeake and Ohio Railway on the 
left descending bank and the United States Highway Numbered 23 
on the right descending bank of such open cut. Spoil material from the 
open cut shall be utilized for filled areas included in the model city 
plan. 
(b) The work authorized by this section shall not be commenced 
until an agreement satisfactory to the Secretary of the Army, acting 
through the Chief of Engineers, has been entered into with the Depart-
ment of Housing and Urban Development, the State Highway 
Department of Kentucky, the Federal Highw^ay Administration, the 
Appalachian Regional Commission, the Chesapeake and Ohio Railw^ay 
Company, the city of Pikeville, and other participating agencies, rela-
tive to the financial responsibility of each participant in the model city 
project; and appropriate non-Federal interests have furnished the 
cooperation required by section 3 of the Flood Control Act, approved 
June 22, 1936 (49 Stat. 1570), as amended. Financial participation of 
the Department of the Army shall be based upon an equitable distribu-
tion of costs among the participants. 
SEC. 203. The Secretary of the Army, acting through the Chief of 
Engineers, is authorized to cooperate and participate with concerned 
Federal, State, and local agencies in preparing the general plan for 
the development of the water resources of the western United States 
authorized by the Colorado River Basin Project Act (82 Stat. 885). 
SEC. 204. (a) The Secretary of the Army, acting through the 
Chief of Engineers, is authorized to cooperate with the Commonw^ealth 
of Puerto Rico, political subdivisions thereof, and appropriate agencies 
and instrumentalities thereof, in the preparation of plans for the 
development, utilization, and conservation of w^ater and related land 
resources of drainage basins and coastal areas in the Commonwealth 
of Puerto Rico, and to submit to Congress reports and recommenda-
tions with respect to appropriate participation by the Department 
of the Army in carrying out such plans. Such plans that may be 
recommended to the Congress shall be harmonious components of 
overall development plans being formulated by the Commonwealth 
and shall be fully coordinated with all interested Federal agencies. 
(b) The Secretary of the Army, acting through the Chief of Engi-
neers, shall consider plans to meet the needs of the Commonwealth for 
protection against floods, wnse use of flood plain lands, improvement of 
navigation facilities, regional w^ater supply and waste management 
systems, outdoor recreational facilities, the enhancement and control 
of water quality, enhancement and conservation of fish and wildlife, 
beach erosion control, and other measures for 
environmental 
enhancement. 
SEC. 205. Notwithstanding the first proviso in section 201 of the Acts 
entitled "An Act authorizing the construction, repair, and preservation 
of certain public w^orks on rivers and harbors for navigation, flood 
control, and for other purposes" approved June 30, 1948 (62 Stat. 
1171), and May 17,1950 (64 Stat. 63), the authorization in section 203 
of the Act of June 30,1948, and section 204 of the Act of May 17,1950, 
of the project for local protection at East Grand Forks, Minnesota, 
shall expire on April 17, 1975, unless local interests shall before such 
date furnish assurances satisfactory to the Secretary of the Army that 
the required local cooperation in such project will be furnished. 
SEC. 206. The Secretary of the Army, acting through the Chief of 
Engineers, is authorized and directed to elevate, relocate, or make such 
other changes as may be necessary to insure that the road located in 
the Wolf Creek Park area, running in an east-west direction and cross-
ing Wolf Creek, Harris Branch, and Strain Branch in the Navarro 
Mills Reservoir, Texas, wall at all times be above elevation four hun-
dred and forty-three feet above mean sea level. 
84 STAT. ] 
PUBLIC LAW 91-611-DEC. 31, 1970 
1829 
SEC. 207. Paragraph (2) under the headmg "Lower Mississippi 
River Basin'* in section 203 of the Flood Control Act of 1966 (Public 
Law 89-789) is amended by striking out "Baton Rouge, Louisiana," 
8° stat. 1420. 
and inserting in lieu thereof "Cairo, Illinois,". 
SEC. 208. Subsection (b) of the first section of the Act entitled "An 
Act authorizing Federal participation in the cost of protecting the 
shores of publicly owned property.", approved August 13, 1946 (33 
U.S.C. 426e(b)), is amended by inserting "(1)" after "except that", ^/^tftf^Im.' 
by striking out "and, further, that" and inserting " (2)" in lieu thereof, 
and by inserting before the period at the end thereof a comma and the 
following: "and (3) Federal participation in the cost of a project 
providing hurricane protection may be, in the discretion of the Secre-
tary of the Army, acting through the Chief of Engineers, not more 
than 70 per centum of the total cost exclusive of land costs." 
SEC. 209. It is the intent of Congress that the objectives of enhancing 
regional economic development, the quality of the total enviroimient, 
including its protection and improA'ement, the well-being of the people 
of the United States, and the national economic development are the 
objectives to be included in federally financed water resource projects, 
and in the evaluation of benefits and cost attributable thereto, giving 
due consideration to the most feasible alternative means of accomplish-
ing these objectives. 
bEC. 210. The project for the western Kentucky tributaries (Obion 
obion creek,Ky. 
Creek), Kentucky, authorized as part of the comprehensive plan for 
the lower Mississippi Basin in the Flood Control Act of 1965, is hereby 
^9 stat. io76. 
modified to provide that the Secretary of the Army, acting through the 
Chief of Engineers, shall, after the date of enactment of this Act, 
relocate at Federal expense all transmission lines (both ^as and elec-
tric) in western Kentucky required to be relocated by this project or, 
at his discretion, reimburse or credit local interests for such relocations 
made by them. 
SEC. 211. (a) Section 3013 of title 10, United States Code, is amended 
si stat. 523. 
by striking out "four Assistant Secretaries" and inserting in lieu 
thereof the following: "five Assistant Secretaries", and by adding at 
the end thereof the following: "One of the Assistant Secretaries shall 
be the Assistant Secretary of the Army for Civil Works. He shall have 
as his principal duty the overall supervision of the functions of the 
Department of the Army relating to programs for conservation and 
development of the national water resources including flood control, 
navigation, shore protection, and related purposes." 
(b) Paragraph (15) of section 5315 of title 5, LTnited States Code, is 
82 stat. 1312. 
amended by striking out" (4)" and inserting in lieu thereof " (5)". 
SEC. 212. The Secretary of the Army, acting through the Chief of 
Guadalupe River, 
Engineers, is authorized, in the interests of flood control and related '^^''" 
purposes, to remove logjams in the lower Guadalupe River, Texas. 
Prior to the undertaking of the work authorized by this section, 
appropriate non-Federal interests shall agree to furnish without cost 
to the United States lands, easements, and rights-of-way necessary for 
the work, to hold and save the LTnited States free from damages due to 
the work and to perform all such work thereafter. 
SEC. 213. The Secretary of the Army, acting through the Chief of 
Niobrara, Nebr. 
Engineers, is authorized to resolve the seepage and drainage problem 
in the vicinity of the town of Niobrara, Nebraska, that may be related 
to operation of Gavins Point Dam and Lewis and Clark Lake project, 
Nebraska and South Dakota, subject to a determination by the Chief 
of Engineers with the approval of the Secretary of the Army, of the 
most feasible solution thereto. There is authorized to be appropriated 
Appropriation. 
to the Secretary not to exceed $7,800,000, to carry out this section. 
1830 
PUBLIC LAW 91-611-DEC. 31, 1970 
[84 STAT. 
Coal River 
Basin, W. Va. 
Klamath River, 
Calif. 
80 Stat. 1421. 
Project review; 
report to Congress, 
Surveys; reports 
to Congress. 
SEC. 214. The Secretary of the Army, acting through the Chief of 
Engineers, is authorized and directed to perform dredging operations 
in the Coal River Basin, West Virginia, for the purpose of improving 
the channel capacities in the interest of flood control. Such operations 
shall be performed on an interim basis pending completion of the 
Kanawha River Basin comprehensive study being undertaken by 
Federal and State agencies and implementation of the pertinent study 
recommendations by the Secretary of the Army. Appropriate non-
Federal public interests as determined by the Secretary oi the Army, 
acting through the Chief of Engineers, shall, prior to initiation of 
dredging operations, agree to furnish the necessary lands, disposal 
areas, easements, and rights-of-way, and hold and save the United 
States free from damages due to the dredging operations. 
SEC. 215. The project for flood protection on the Klamath River 
at and in the vicinity of Klamath, California, authorized by the Flood 
Control Act of 1966 (80 Stat. 1205), is hereby modified to require the 
Secretary of the Army, acting through the Chief of En^rineers, to 
provide, as an essential part of the project, bank protection works 
extending approximately two miles downstream from the project to 
protect the north bank of the river from erosion due to Klamath River 
flows. Xon-Federal interests shall furnish lands and interests therein 
necessary for the works, hold and save the United States free from 
damages due to the works, and operate and maintain the works after 
completion. 
SEC. 216. The Secretary of the Army, acting through the Chief of 
Engineers, is authorized to review the operation of projects the con-
struction of which has been completed and which were constructed 
by the Corps of Engineers in the interest of navigation, flood control, 
water supply, and related purposes, when found advisable due the 
significantly changed physical or economic conditions, and to report 
thereon to Congress with recommendations on the advisability of 
modifying the structures or their operation, and for improving the 
quality of the environment in the overall public interest. 
SEC. 217. The Secretary of the Army is hereby authorized and 
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 exami-
nation or survey to be made and a report thereon submitted to Congress, 
if such review is required by the national defense or by changed physi-
cal or economic conditions. 
Great Swamp, Xew River l^asin. South Carolina. 
Streams flowing through West Brazoria County Drainage District 
Numbered 11 in Brazoria County, Texas. 
Vermilion River, Ohio. 
Huron River, Ohio. 
Black River, Lorain County, Ohio. 
Black Creek, Clay County, Florida. 
Grand Lake, St. Marys, Ohio. 
Coody Creek, Muskogee, Oklahoma. 
Kapaa Sti^am, Kauai, Hawaii. 
AVaikomo Stream, Kauai, Hawaii. 
Hanalei River, Kauai, Hawaii. 
Waikane Stream, Oahu, Hawaii. 
Moanalua Stream, Oahu, Hawaii. 
84 
STAT.] 
PUBLIC LAW 91-611-DEC. 31, 1970 
1831 
Waihee Stream, Oahu, Hawaii. 
Waikele Stream, Oahu, Hawaii. 
Kamananui Stream, Oahu, Hawaii. 
Kahana Stream, Oahu, Hawaii. 
Waolani Stream, Oahu, Hawaii. 
Kaaawa Stream, Oahu, Hawaii. 
Makaha Stream, Oahu, Hawaii. 
Olowalu Stream, Maui, Hawaii. 
Palai, Four Mile Creek, Hawaii, Hawaii. 
Kona, Hawaii, Hawaii. 
SEC. 218. The Claremont Dam and Reservoir, New Hampshire, 
authorized by the Flood Control Act approved June 28, 1938 as a 
part of the comprehensive plan for flood control and other purposes 
for the Connecticut River Basin, is not authorized after the date of 
enactment of this Act. 
SEC. 219. The Secretary of the Army, acting through the Chief of 
Engineers, is hereby authorized to provide bank revetment works along 
the Ohio River at Newburgh, Indiana, to protect public and private 
property and facilities threatened by erosion. 
SEC. 220. In addition to previous authorizations, there is hereby 
authorized to be appropriated the sum of $1,400,000 for the prosecu-
tion of the Comprehensive Plan for the Upper Mississippi River Basin, 
approved in the Act of June 28, 1938, as amended and supplemented 
by subsequent acts of Congress. 
SEC. 221. (a) After the date of enactment of this Act, the construc-
tion of any water resources project by the Secretary of the Army, act-
ing through the Chief of Engineers, or by a non-Federal interest 
where such interest will be reimbursed for such construction under the 
provisions of section 215 of the Flood Control Act of 1968 or under any 
other provision of law, shall not be commenced until each non-Federal 
interest has entered into a written agreement with the Secretary of the 
Army to furnish its required cooperation for the project. 
(b) A non-Federal interest shall be a legally constituted public 
body with full authority and capability to perform the terms of its 
agreement and to pay damages, if necessary, in the event of failure 
to perform. 
(c) Every agreement entered into pursuant to this section shall be 
enforcible in the appropriate district court of the United States. 
(d) After commencement of construction of a project, the Chief of 
Engineers may undertake performance of those items of cooperation 
necessary to the functioning of the project for its purposes, if he has 
first notified the non-Federal interest of its failure to perform the 
terms of its agreement and has given such interest a reasonable time 
after such notification to so perform. 
(e) The Secretary of the Army, acting through the Chief of Engi-
neers, shall maintain a continuing inventory of agreements and the 
status of their performance, and shall report thereon annually to the 
Congress. 
(f) This section shall not apply to any project the construction of 
which was commenced before January 1,1972. 
SEC. 222. The Secretary of the Interior in financing the relocation 
of the existing Placer County Road from Auburn to Foresthill, Cali-
fornia, as part of the construction of the Auburn Dam and Reservoir 
on the Aubum-Folsom South Unit of the Central Valley Project, 
California, may provide for the cost of construction of a two-lane 
river level bridge across the North Fork of the American River with 
a substructure and deck truss capable of supporting a four-lane bridge. 
SEC. 223. Section 204 of the Flood Control Act of 1950 is amended 
by adding at the end of the authorizations set forth under the center 
heading "COLUMBIA RIVER BASIN" the following new paragraph: 
claremont Dam 
and Reservoir, 
N.H., authoriza-
tion termination. 
52 Stat. 1216. 
Ohio River, New-
burgh, Ind. 
Upper Missis-
sippi River Basi.n. 
52 Stat. 1218. 
Written agree-
ment requirement. 
82 Stat. 747. 
4 2 u s e 1962d-5a. 
Non-Federal in-
terest. 
Inventory, re-
port to Congress. 
Bridge, Ameri-
can River, Calif. 
Railroad em-
ployee compensa-
tion. 
64 Stat. 178. 
1832 
PUBLIC LAW 91-611-DEC. 31, 1970 
[84 STAT. 
Appropriation. 
Ohio River 
Basin, project 
modification. 
80 Stat. 1422. 
Study, report to 
Congress. 
Study, report to 
Congress. 
Missouri River 
Basin, project 
modification. 
"The Secretary of the Army, acting through the Chief of Engineers, 
is authorized to pay to those railroad employees suffering long-term 
economic injury through reduction of income as the result of the 
relocation of rail transportation facilities due to the construction of 
Libby Dam, Montana, such sums as he determines equitable to com-
pensate such employees for such injury. There is authorized to be 
appropriated to carry out this paragraph, not to exceed $900,000." 
SEC. 224. That the plan for flood protection in the Big Sandy River 
Basin, Kentucky, West Virginia, and Virginia included in the com-
prehensive plan for flood control in the Ohio River Basin, authorized 
by the Flood Control Act, approved June 22, 1936 (49 Stat. 1570), as 
amended and modified is hereby further modified to authorize the 
Secretary of the Army, acting through the Chief of Engineers, to pro-
vide the towns of Williamson and Matewan, West Virginia, with 
comprehensive flood protection by a combination of local flood pro-
tection works and residential flood proofing and to initiate advanced 
engineering design and construction thereof as described by the Chief 
of Engineers in Report on Tug Fork, July 1970, at a total cost not to 
exceed $10,000,000, except that no funds shall be appropriated to 
carry out this section until such modification is approved by the 
Appalachian Regional Commission and the President. 
SEC. 225. Subsection (b) of section 206 of the Flood Control Act 
of 1960, as amended (33 U.S.C. 709a), is further amended by striking 
out "$7,000,000" and inserting in lieu thereof "$11,000,000." 
SEC. 226. The Secretary of the Army, acting through the Chief of 
Engineers, is authorized and directed to review and study the opera-
tion of the Fort Randall multiple-purpose project. South Dakota, with 
a view to determining the advisability of modifying the project facil-
ities or the regulation of the impounded waters, or both, and report 
thereon to the Congress. 
SEC. 227. The Secretary of the Army, acting through the Chief of 
Engineers, is authorized and directed to review and study the operation 
of the Summersville Lake multiple-purpose project, Gauley River, 
West Virginia, with a view to determining the advisability of modify-
ing the project facilities or the regulation of the impounded waters, or 
both, and report thereon to the Congress. 
SEC. 228. The comprehensive plan for flood control and other pur-
poses in the Missouri River Basin, as authorized by the Act of June 28, 
1938 (52 Stat, 1215), and as modified and expanded by subsequent Acts, 
is further modified to authorize the Secretary of the Army, acting 
through the Chief of Engineers, to construct a bridge across the Mis-
souri River at an appropriate location midway betw^een Bismarck, 
North Dakota, and Mobridge, South Dakota, in accordance with such 
plans as determined to be satisfactory by the Secretary of the Army 
so as to provide adequate crossing facilities over such river for highway 
traffic in the area. Prior to construction the Secretary of the Army, 
acting through the Chief of Engineers, shall enter into an agreement 
with appropriate non-Federal interests as determined by him, which 
shall provide that after construction such non-Federal interests shall 
own, operate toll free, and maintain such bridge and approach 
facilities. 
SEC, 229. The comprehensive plan for flood control and other pur-
poses in the Missouri River Basin, as authorized by the Act of June 28, 
1938 (52 Stat. 1215), and as modified and expanded by subsequent 
Acts, is further modified to authorize the Secretary of the Army, act-
ing through the Chief of Engineers, to construct a bridge over the 
Little Missouri River at the Garrison Reservoir in the vicinity of Eagle 
l^ay in Dunn County, North Dakota, in accordance wnth such plans 
as are determined to be satisfactory by the Secretary of the Army in 
84 
STAT.] 
PUBLIC LAW 91-611-DEC. 31, 1970 
1833 
order to provide adequate crossing facilities over such river for high-
way traffic in the area. Prior to construction the Secretary of the Army, 
acting through the Chief of Engineers, shall enter into an agreement 
with appropriate non-Federal interests as determined by him, which 
shall provide that after construction such non-Federal interests shall 
own, operate toll free, and maintain such bridges and approach 
facilities. 
SEC. 230. The project for the Perry Dam and Eeservoir, Delaware 
River, Kansas, authorized as a unit of the comprehensive plan for 
fiood control and other purposes, Missouri River Basin, by the Flood 
Control Act approved September 3, 1954, is hereby modified to 
authorize the Secretary of the Army, acting through the Chief of 
Engineers, to pave, with a bituminous surface, approximately five 
miles of Road "B", a segment of the relocation of FAS 328 from 
LTnited States Route 24 to Kansas Route 92, Jefferson County, Kansas. 
SEC. 231. (a) The Secretary of the Army, acting through the Chief 
of Engineers, is authorized to cooperate with the Commonwealth of 
Kentucky, political subdivisions thereof, appropriate agencies and 
instrumentalities thereof, the Forest Service, Department of Agricul-
ture, and the Bureau of Outdoor Recreation, Department of the Inte-
rior, with a view to determining the feasibility and desirability of 
establishing a national recreation area generally encompassing in 
whole or in part the Kentucky River navigation project and reservoir 
projects in the upper Kentucky and Licking River Basins and adjacent 
and intervening areas, and to submit to the Congress reports and rec-
ommendations with respect to appropriate participation by the 
Department of the Army in carrying out such recommendations. 
(b) Such studies shall review the reports of the Chief of Engineers 
contained in House Document 423, Eighty-seventh Congress, and the 
investigation authorized by the Flood Control Act of 1936, Public Law 
783, Seventy-fourth Congress, and other appropriate reports, and shall 
consider plans to meet the needs of the Commonwealth for improve-
ment of navigation facilities, outdoor recreational facilities, enhance-
ment and conservation of fish and wildlife, and other measures for 
environmental enhancement. 
(c) Such plans which may be recommended to the Congress shall be 
harmonious components of overall development plans being formu-
lated by the Commonwealth and shall be fully coordinated with, all 
interested Federal agencies. 
SEC. 232. The project for Libby Dam, Kootenai River, Montana, 
authorized by the Flood Control Act approved May 17, 1950 (64 Stat. 
170), is hereby modified to provide that the Secretary of the Army, 
acting through the Chief of Engineers is authorized and directed, as 
part of the relocation of municipal facilities of Rexford, Montana, to 
design and construct a central sewage collection and sewage treatment 
facility. 
SEC. 233. The Chief of Engineers, under the direction of the Secre-
tary of the Army, is hereby authorized and directed to review and 
study the effects of strip mining operations upon navigable rivers and 
their tributaries, including water resource projects under his juris-
diction, and report on such studies to the Committees on Public Works 
of the Senate and the House of Representatives, within one year from 
the date of enactment of this Act, with recommendations as to meas-
ures necessary to mitigate any adverse conditions due to strip mining 
practices. 
SEC. 234. Section 207 of the Flood Control Act of 1962 (Public Law 
87-874), is amended by changing the period after the word "necessary", 
to a comma, and inserting the following: "including but not limited 
to prohibitions of dumping and unauthorized disposal in any manner 
of refuse, garbage, rubbish, trash, debris, or litter of any kind at such 
Missouri River 
Basin, project 
modification. 
68 Stat. 1261. 
Feasibility 
study, report to 
Congress. 
49 Stat. 1570. 
33 u s e 701a. 
Libby Dam, Koo-
tenai River, Mont., 
project modifica-
tion. 
33 u s e 701-1 
note. 
Strip mining; re-
port to congres-
sional committees. 
76 Stat. 1195. 
16 u s e 460d. 
1834 
PUBLIC LAW 91-611-DEC. 31, 1970 
[84 STAT. 
water resource development projects, either into the waters of such 
projects or onto any land federally owned and administered by the 
Enforcement. 
Chief of Engineers. Any violation of such rules and regulations shall 
be punished by a fine of not more than $500 or imprisonment for not 
more than six months, or both. Any persons charged with the violation 
of such rules and regulations may be tried and sentenced in accordance 
with the provisions of section 3401 of title 18 of the United States 
82 Stat. 1115. 
Code. All persons designated by the Chief of Engineers for that pur-
pose shall have the authority to issue a citation for violation of the 
regulations adopted by the Secretary of the Army, requiring the 
appearance of any person charged with violation to appear before the 
United States magistrate, within whose jurisdiction the water resource 
development project is located, for trial; and upon sworn information 
of any competent person any United States magistrate in the proper 
jurisdiction shall issue process for the arrest of any person charged 
with the violation of said regulations; but nothing herein contained 
shall be construed as preventing the arrest by any officer of the United 
States, without process, of any person taken in the act of violating said 
regulations." 
RiverB^'aiinrs^tudy. 
^^^- P^' 
^^) ^he Secretary of the Army, acting through the Chief 
of Engineers, is authorized and directed, as part of the comprehensive 
study of the water and related resources of the Susquehanna River 
Basin, to investigate and study, in cooperation with the Administra-
tor of the Environmental Protection Agency and other interested 
departments, agencies, and instrumentalities of the Federal Govern-
ment and of the governments of States and their political subdivisions, 
the availability, quality, and use of waters within the basin with a 
view toward assisting in the preparation of a comprehensive plan for 
the development, conservation, and use of such waters. Tile Environ-
mental Protection Agency shall have the responsibility in carrying 
out this section for those aspects of the development, conservation, and 
use of such waters which are essentially within its jurisdiction. 
(b) In connection with such investigations and studies the Secre-
tary of the Arm3% acting through the Chief of Engineers, and in 
cooperation with the Environmental Protection Agency and all other 
interested Federal agencies, shall make such studies and develop such 
plans as deemed necessary for the construction, operation, and main-
tenance of facilities in selected regions of the basin, including aug-
mentation of streamflows by releases of stored waters. 
(c) Such facilities may include, but shall not be limited to, water 
conveyance systems; regional waste treatment, interceptor, and hold-
ing facilities; water treatment facilities; and facilities and methods 
for recharging ground water reservoirs. 
Report to Con- 
(^^^ 'pj^g Secretary of the Army, acting through the Chief of Engi-
neers, shall submit to the Congress any and all parts of plans prepared 
pursuant to this section, which are approved by the Susquehanna River 
Basin Commission as in accordance with its comprehensive plan for the 
immediate and longrange development and use of the water resources 
of the basin, including all recommendations of the Environmental Pro-
tection Agency with respect to matters under its jurisdiction, and shall 
include recommendations for authorization and appropriate financial 
participation and cooperation by the States, political subdivisions 
thereof, and other local interests. 
gress. 
84 STAT. ] 
PUBLIC LAW 91^13-DEC. 31, 1970 
1835 
(e) In determining the need for storage for regulation of streamflow 
and water release, the Secretary of the Army, acting through the Chief 
of Engineers, shall not be limited by the provisions of section 3(b) (1) 
and (4) of the Federal Water Pollution Control Act, but may include 
recommendations, if appropriate, which are consistent with section 8 of 
the Federal Water Pollution Control Act and other like project pur-
poses of water resources projects. 
SEC. 236. Title I I of this Act may be cited as the "Flood Control Act 
of 19Y0". 
Approved December 31. 1970. 
70 Stat. 498; 
75 Stat. 204; 
79 Stat. 903. 
33 u s e 466a. 
80 Stat. 1248. 
33 u s e 466e. 
Citation of title. 
Public Law 91-612 
AN ACT 
For the relief of Elmer M. Grade and for other purposes. 
December 31,1970 
[H. R. 6114] 
Elmer M. Grade, 
relief; and passen-
ger v e s s e l s , fire 
Be it enacted by the Senate and House of Representatives 
of the 
United States of Afnerica in Congress assembled, That tlie Secretary 
of the Treasury is authorized and directed to pay, out of any funds in 
the Treasury not otherwise appropriated, to Elmer M. Grade, of ••eta'-dant materials 
Annandale, Virginia, the sum of $900 in full settlement of all his 
claims against the United States for reimbursement of expenses aris-
ing in connection with the sale of his Denver, Colorado, residence pur-
suant to his change of official station as an employee of the L^nited 
States Department of Labor. 
SEC. '2. Xo part of the amount appropriated in this Act shall be paid 
or delivered to or received by any agent or attorney on account of 
services rendered in connection with such claim, and the same shall be 
unlawful, any contract to the contrary notwithstanding. Any person 
violating the provisions of this section shall be deemed guilty of a mis-
demeanor and upon conviction thereof shall be fined in any sum not 
exceeding $1,000. 
SEC. 3. Section 4 of Public Law 89-777 (80 Stat. 1356 et seq.), as 
amended by Public Law^ 90-435 (82 Stat. 449), is further amended by 
changing the first sentence of the language of that section w^iich 
amends subsection 5(b) of the Act of May 27, 1936 (49 Stat. 1384), 
to read: ''After November 1, 1970, no passenger vessel of the United 
States of one hundred gross tons or over, having berth or stateroom 
accommodations for fifty or more passengers, shall be granted a certif-
icate of inspection by the (^oast Guard unless the vessel is constructed 
of fire retardant material, except that this requirement shall not 
apply until November 1,1973, with respect to a vessel operating solely 
on the inland rivers.". 
Approved December 31, 1970. 
46 u s e 369. 
Exception. 
Public Law 91-613 
AN ACT 
December 31, 1970 
To amend the definition of "metal bearing ores" in the Tai-ifE Schedules of the 
[H. R. 6049l 
United States. 
Be it enacted by the Senate and House of Representatives 
of the 
United States of America in Congress assernbled, That headnote 2(a) 
of part 1 of schedule 6 of the Tariff Schedules of the United States (19 
U.S.C. 1202) is amended by inserting "manganese," after "copper,". 
Approved December 31, 1970. 
'•Metal bearing 
o r e s . " 
77A Stat. 253; 
79 Stat. 939.