An Act authorizing the construction, repair, and preservation of certain public works on rivers and harbors for navigation, and flood control, and for other purposes.
PL 94-587 (S.3823), enacted 10/22/1976

PUBLIC LAW 94-587—OCT. 22, 1976 
90 STAT. 2917 
Public Law 94-587 
94th Congress 
An Act 
Authorizing the construction, repair, and preservation of certain public works 
Oct. 22, 1976 
on rivers and harbors for navigation, flood control, and for other purposes. 
[S. 3823] 
Be it enacted oy the Senate and House of Representatives 
of the 
United States of America in Congress assembled, 
Water Resources 
SECTION 101. (a) The Secretary of the Army, acting through the 
Development Act 
Chief of Engineers, is hereby authorized to undertake the phase I 
^^ l^^^-
design memorandum stage of advanced engineering and design of the 
following water resources development projects, substantially in 
accordance with, and subject to the conditions recommended by the 
Chief of Engineers in, the reports hereinafter designated. 
MIDDLE ATLANTIC COASTAL REGION 
The project for beach erosion control, navigation, and storm pro-
tection from Hereford Inlet to the Delaware Bay entrance to the 
Cape May Canal, New Jersey: Report of the Chief of Engineers dated 
September 30, 1975, at an estimated cost of $2,062,000. 
The project for beach erosion control, navigation, and storm pro-
tection from Barnegat Inlet to Longport, New Jersey: Report of the 
Chief of Engineers dated October 24, 1975, at an estimated cost of 
$2,396,000. 
WALLKILL RIVER BASIN 
The project for flood control of the Black Dirt Area, Wallkill 
v ^ 
River, New York and New Jersey: House Document Numbered 
94-499, at an estimated cost of $330,000. 
PASSAIC RIVER BASIN 
The project for flood control in the Passaic River Basin, New Jersey 
and New York: Report of the Chief of Engineers dated February 18, 
1976, at an estimated cost of $12,000,000. 
SUSQUEHANNA RIVER BASIN 
The project for flood control at Lock Haven, Pennsylvania: House 
Document Numbered 94-577, at an estimated cost of $430,000. , 
The project for flood control at Wyoming Valley, Susquehanna 
River, Luzerne County, Pennsylvania: House Document Numbered 
94-482, at an estimated cost of $450,000. 
JAMES RIVER BASIN 
The project for flood control at Richmond, Virginia: Report of the 
Chief of Engineers dated January 7, 1976, at an estimated cost of 
$800,000. 
SOUTH ATLANTIC COASTAL REGION 
The project for navigation at Brunswick Harbor, Georgia: Report 
of the Chief of Engineers dated August 18,1976, at an estimated cost 
of $300,000, except that the Secretary of the Army, acting through 
90 STAT. 2918 
PUBLIC LAW 94-587—OCT. 22, 1976 
the Chief of Engineers, shall include as part of the phase I study 
consideration of dredging a navigation channel to Colonel's Island. 
COOPER KIVER BASIN 
The project for navigation improvements at Charleston Harbor, 
South Carolina: House Document Numbered 94-436, at an estimated 
cost of $500,000. 
COMMONWEALTH or PUERTO RICO 
The project for navigation improvements at San Juan Harbor, 
Puerto Rico: House Document Numbered 94-574, at an estimated cost 
of $300,000. 
UPPER MISSISSIPPI RIVER BASIN 
The project for local flood protection and other purposes at La 
Crosse, Wisconsin, on the Mississippi River: House Document Num-
bered 94-598, at an estimated cost of $400,000. 
GREAT LAKES BASIN 
The project for beach erosion control for Presque Isle Peninsula 
at Erie, Pennsylvania: Report of the Chief of Engineers dated April 8, 
1976, at an estimated cost of $700,000. At the expiration of the 
authorization provided in section 57 of the Water Resources Develop-
88 Stat. 28. 
ment Act of 1974, the Secretary of the Army, acting through the 
Chief of Engineers, may provide periodic beach nourishment in 
accordance with the cost sharing provisions of section 103(a) (2) of 
33 use 426e. 
the Act of October 23, 1962 (76 Stat. 1178). 
The project for flood control and other purposes on Little Calumet 
River in Indiana: Report of the Chief of Engineers dated July 19, 
1976, at an estimated cost of $1,400,000. 
SIUSLAW RIVER 
The project for navigation improvements on the Siuslaw River 
and Bar at Siuslaw, Oregon: In accordance with the final report of 
the Chief of Engineers, at an estimated cost of $50,000. This shall 
take effect upon submittal to the Secretary of the Army by the Chief 
of Engineers and notification to Congress of the approval of the 
Chief of Engineers. 
PAPILLON CREEK BASIN 
The project for local flood protection on Papillon Creek at Omaha, 
Nebraska: In accordance with the final report of the Chief of Engi-
neers, at an estimated cost of $75,000. This shall take effect upon 
submittal to the Secretary of the Army by the Chief of Engineers 
and notification to Congress of the approval of the Chief of Engineers. 
OHIO RIVER BASIN 
The project for abatement of acid mine drainage in the Clarion 
River Basin, Pennsylvania: Report of the Secretary of the Army 
dated April 1971, entitled, "Development of Water Resources in 
Appalachia", at an estimated cost of $600,000. 
PUBLIC LAW 94-587—OCT. 22, 1976 
90 STAT. 2919 
LOWER MISSISSIPPI RIVER BASIN 
The project for flood protection for St. Johns Bayou and New 
Madrid Floodway, Missouri: Eeport of the Chief of Engineers dated 
September 26,1975, at an estimated cost of $300,000. 
The project for flood protection for Nonconnah Creek, Tennessee 
and Mississippi: Eeport of the Chief of Engineers dated June 23,1976, 
and as an independent part of this project, improvements for flood 
control and allied purposes on Horn Lake Creek and tributaries, 
including Cowpen Creek, Tennessee and Mississippi, at an estimated 
cost of ^00,000. 
TEXAS GITLF COAST REGION 
The project for natural salt pollution control in the Brazos River: 
Report of the Chief of Engineers dated June 1, 1976, at an estimated 
cost of $650,000. 
Rio GRANDE BASIN 
The project for flood control and other purposes, on the Rio Grande 
and Rio Salado (Rio Puerco), New Mexico: Report of the Chief of 
Engineers dated September 27,1976, at an estimated cost of $1,500,000. 
MISSOURI RIVER BASIN 
The project for flood protection for Jefferson City on Wears Creeks, 
Missouri: Report of the Chief of Engineers dated October 21, 1975, 
at an estimated cost of $50,000. 
COLUMBIA RIVER BASIN 
The project for construction and installation of a second power-
house at McNary Lock and Dam, Columbia River, Oregon and Wash-
ington : Report of the Chief of Engineers dated June 29, 1976, at an 
estimated cost of $1,800,000. 
PEMBINA RIVER BASIN 
The project for flood control on the Pembina River at Walhalla, 
North Dakota: Report of the Division Engineer dated May 24, 1976, 
at an estimated cost of $930,000. This shall take effect upon submittal 
to the Secretary of the Army by the Chief of Engineers and notifica-
tion to Congress of the approval of the Chief of Engineers. 
CALLEGUAS CREEK BASIN 
The project for flood control and other purposes on Calleguas Creek, 
Simi Valley to Moorpark, Ventura County, California: Report of the 
Chief of Engineers dated June 21, 1976, at an estimated cost of 
$1,060,000. 
SACRAMENTO-SAN JOAQUIN 
BASIN 
The project for flood control and other purposes on Morrison Creek 
Stream Group, California: Report of the Chief of Engineers dated 
March 2,1976, at an estimated cost of $750,000. 
NORTH-EASTERN ATLANTIC COASTAL REGION 
The project for navigation improvements in New London Harbor 
and Thames River at New London, Connecticut: Report of the Chief 
90 STAT. 2920 
PUBLIC LAW 94-587—OCT. 22, 1976 
Finding, 
transmittal to 
congressional 
committees. 
Appropriation 
authorization. 
Transmittal to 
congressional 
committee. 
33 use 701-1. 
Termination date. 
Appropriation 
authorization. 
33 u s e 701c 
note, 701-1 note. 
82 Stat. 739. 
of Engineers dated February 20, 1975, at an estimated cost of 
$8,022,000. 
EP:D RIVER OF THE NORTH 
BASIN 
The project for local jflood protection at Grafton, North Dakota, on 
the Park River: Report of the Chief of Engineers dated June 11,1976, 
at an estimated cost of $10,973,000. 
(b) The Secretary of the Army is authorized to undertake advanced 
engineering and design for the projects in subsection (a) of this sec-
tion after completion of the phase I design memorandum stage of 
such projects. Such advanced engineering and design may be under-
taken only upon a finding by the Chief of Engineers, transmitted to 
the Committees on Public Works of the Senate and Public Works and 
Transportation of the House of Representatives, that the project is 
without substantial controversy, that it is substantially in accordance 
with and subject to the conditions recommended for such project in 
this section, and that the advanced engineering and design will be 
compatible Avith any project modifications which may be under con-
sideration. There is authorized to carry out this subsection not to 
exceed $5,000,000. No funds appropriated under this subsection may 
be used for land acquisition or commencement of construction. 
(c) Whenever the Chief of Engineers transmits his recommenda-
tions for a water resources development project to the Secretary of 
the Army for transmittal to the Congress, as authorized in the first 
section of the Act of December 22, 1944, the Chief of Engineers is 
authorized to undertake the phase I design memorandum stage of 
advanced engineering and design of such project if the Chief of 
Engineers finds and transmits to the Committees on Public Works and 
Transportation of the Plouse of Representatives and Public Works 
of the Senate, that the project is without substantial controversy and 
justifies further engineering, economic, and environmental inves-
tigations. Authorization for such phase I work for a project shall 
terminate on the date of enactment of the first Water Resources Devel-
opment Act enacted after the date such work is first authorized. There 
is authorized to carry out this subsection not to exceed $4,000,000 per 
fiscal year for each of the fiscal years 1978 and 1979. 
SEC. 102. Sections 201 and 202 and the last three sentences in sec-
tion 203 of the Flood Control Act of 1968 shall apply to all projects 
authorized in this section. The following works of improvement for 
I he benefit of navigation and the control of destructive flood waters 
and other purposes are hereby adopted and authorized to be pros-
ecuted by the Secretary of the Army, acting through the Chief of 
Engineers, substantially in accordance with the plans and subject to 
the conditions recommended by the Chief of Engineers in the respec-
tive reports hereinafter designated. 
UPPER MISSISSIPPI RIVER BASIN 
The project for local flood protection and other purposes at Chaska, 
Minnesota, on the Minnesota River: Report of the Chief of Engi-
neers dated May 12, 1976, at an estimated cost of $10,498,000. 
JAMES RIVER BASIN 
The project for flood control at the Richmond, Virginia, 
filtration 
plant: House Document Numbered 94-543, at an estimated cost of 
$4,617,000. 
PUBLIC LAW 94-587—OCT. 22, 1976 
90 STAT. 2921 
LOWER MISSISSIPPI KIVER BASIN 
The project for flood control for Harris Fork Creek, Tennessee 
and Kentucky: House Document Numbered 94—221, except that high-
way bridge relocations and alterations required for the project shall 
be at Federal expense, at an estimated cost of $5,000,000. 
NECHES BASIN 
The project for salt water control on the Neclies River and Tribu-
taries, Salt Water Barrier at Beaumont, Texas: Report of the Chief 
of Engineers dated April 12,1976, at an estimated cost of $14,300,000, 
except that the non-Federal share for such project shall not exceed 
$2,100,000. 
WESTERN COASTAL REGION 
The project for navigation in Los Angeles-Long Beach Harbors, 
California: House Document Numbered 94-594, at an estimated cost 
of $16,850,000. 
COLUMBIA RIVER BASIN 
Fish and Wildlife Compensation Plan for the Lower Snake River, 
Washington and Idaho, substantially in accordance with a report on 
file with the Chief of Engineers, at an estimated cost of $58,400,000. 
SEC. 103. The flood control project for San Antonio Channel 
improvement, Texas, authorized by section 203 of the Flood Control 
Act of 1954 (68 Stat. 1260) as a part of the comprehensive plan for 33 USC 702a-.12 
flood protection on the Guadalupe and San Antonio Rivers, Texas, is no^. 
hereby modified to authorize and direct the Secretary of the Army, 
acting through the Chief of Engineers, to construct such additional 
flood control measures as are needed to preserve and protect the 
Espada Acequia Aqueduct, located in the vicinity of Six Mile Creek, 
at an estimated Federal cost of $2,050,000. Construction of such flood 
control measures shall be subject to the same conditions of local coop-
eration as required for the existing flood control project. 
SEC. 104. The project for flood protection on the Minnesota River 
at Mankato and North Mankato, Minnesota, authorized by section 
203 of the Flood Control Act of 1958, as modified,_is hereby further 
72 Stat. 305. 
modified to provide that changes to the highway bridges in Mankato-
North Mankato at United States Highway 169 over the Blue Earth 
River and at Main Street over the Minnesota River, including rights-
of-way, changes to approaches and relocations, made necessary by 
the project and its present plan of protection shall be accomplished 
at complete Federal expense, at an estimated cost of $8,175,000. 
SEC. 105. The general comprehensive plan for flood control and 
other purposes for the White River Basin approved by the Flood 
Control Act of June 28, 1938, as amended, is hereby modified to pro- 52 Stat. 1215. 
vide that an amount not to exceed $6,000,000 may be used for the 
construction at Beaver Dam, Carroll County, Arkansas, of trout pro-
duction measures (including a fish hatchery) in compensation for the 
reduced number of fresh water fish in the White River and other 
streams in Arkansas which has resulted from the construction of the 
Beaver Dam and other dams in the State of Arkansas, and for the 
acquisition of necessary real estate, construction of access roads and 
utilities, and performance of services related thereto, as deemed appro-
priate by the Secretary of the Army, acting through the Chief of 
Engineers. 
90 STAT. 2922 
PUBLIC LAW 94-587—OCT. 22, 1976 
New London, 
Conn., project 
modification. 
Non-Federal 
interest, 
requirements. 
Congressional 
notification. 
Santa Anna 
River, Calif, 
project, phase 
I design stage. 
Notice to 
Congress. 
SEC. 106. (a) The project for hurricane-flood control protection at 
New London, Connecticut, authorized by the Flood Control Act of 
1962 (76 Stat. 1180) is hereby modified to delete the Powder Island-
Bentleys Creek hurricane protection barrier; and to authorize con-
struction of the Shaw Cove hurricane protection barrier, pressure 
conduit, and pumping station works substantially in accordance 
with the revised plan "NeAV London Hurricane Protection", dated 
June 1976, on file in the Office of the Chief of Engineers and esti-
mated to cost $7,745,000; with such modifications as the Chief of 
Engineers may deem advisable. 
(b) Prior to initiation of construction of the project, appropriate 
non-Federal interests shall agree— 
(1) to provide without cost to the United States all lands, ease-
ments, and rights-of-way necessary for construction and opera-
tion of the project; 
(2) to hold and save the United States free from damage due 
to construction, operation, and maintenance of the project not 
including damages due to the fault or negligence of the United 
States or its contractors; 
(3) to accomplish without cost to the LTnited States all modifi-
cations or relocations of existing sewerage and drainage facilities, 
buildings, utilities, and highways made necessary by construction 
of the project not to include sewerage and drainage facilities at 
the line of protection; 
(4) to maintain and operate all features of the project after 
completion in accordance with regulations prescribed by the Sec-
retary of the Army; and 
(5) to bear 30 per centum of the total first cost. 
(c) Notwithstanding subsection (b) of this section, or any other 
provision of law, non-Federal interests shall bear no part of the cost 
of any design for this project rejected or otherwise not accepted by 
such interests prior to the date of enactment of this section. 
SEC. 107. Section 107(b) of the River and Harbor Act of 1970 
(84 Stat. 1818, 1820), as amended, is further amended by striking out 
"December 31, 1976" and inserting in lieu thereof "September 30, 
1979" and striking out "$9,500,000" and inserting in lieu thereof 
"$15,968,000". Such section 107(b) is further amended in the second 
sentence thereof by striking out "environmental and ecological inves-
tigation;" and inserting in lieu thereof "environmental and ecological 
investigations, including an investigation of measures necessary to 
ameliorate any adverse impacts upon local communities;". 
SEC. 108. The Secretary of the Army, acting through the Ch^ef of 
Engineers, is authorized to undertake the phase I design memorandum 
stage of advanced engineering and design of the Chicagoland unde^.-
flow plan project for flood control and other purposes in accordance 
with the report of the Board of Engineers for Rivers and Harbors 
dated July 27, 1976, at an estimated cost of $12,000,000. This shall 
take effect upon submittal to the Secretary of the Army by the Chief 
of Engineers and notification to Congress of the approval of the Chief 
of Engineers. 
SEC. 109. The Secretary of the Army, acting through the Chief of 
Engineers, is authorized to undertake the phase I desi^-n memoran-
dum stage of advanced engineering and design of the project for flood 
control and other purposes on the Santa Ana River, California, in 
accordance with the recommendations of the division engineer dated 
February 27, 1976 at an estimated cost of $700,000. This shall take 
PUBLIC LAW 94-587—OCT. 22, 1976 
90 STAT. 2923 
effect upon submittal to the Secretary of the Army by the Chief of 
Engineers and notijfication to Congress of the approval of the Chief 
of Engineers. 
SEC. 110. The project for navigation for the Atlantic Intracoastal 
Waterway Bridges, Virginia and North Carolina, authorized by sec-
tion 101 of the Rivers and Harbors Act of 1970 (84 Stat. 1818) is 
hereby modified in accordance with the recommendations of the Chief 
of Engineers in House Document Numbered 94-597 with respect to 
Wilkerson Creek Bridge, North Carolina, and Coinjock Bridge, North 
Carolina, at an estimated cost of $2,875,000. 
SEC. 111. The project for the Saylorville Reservoir on the Des 
Moines River, Iowa, authorized by section 203 of the Flood Control 
Act of 1958 (72 Stat. 310) is hereby modified in accordance with the 
recommendations of the Chief of Engineers in House Document 
Numbered 94-487 at an estimated cost of $7,374,000. The Secretary 
of the Army, acting through the Chief of Engineers, may carry out 
each segment of such recommendations independently if he deems 
appropriate. The Secretary of the Army, acting through the Chief 
of Engineers is further authorized to (1) undertake such measures, 
including renegotiating existing easements and the acquisition of 
additional interests in land, as are appropriate to operate Saylorville 
Lake and Lake Red Rock projects, singly or as a system, to obtain 
the maximum benefits therefrom in the public interest and to prop-
erly indemnify owners of such easements or interests in land; and (2) 
pi'ovide for the full development of campground and other recrea-
tion sites and access thereto for the Lake Red Rock and Saylorville 
Lake projects at Federal cost, including the improvement of existing 
county or State roads outside the project limits to provide better access 
into recreation areas. 
SEC. 112. The project for navigation improvements on Mobile Har-
bor, Theodore Ship Channel, Alabama, approved by resolutions of 
the Committee on Public Works of the Senate and the Committee on 
Public Works of the House of Representatives dated December 15, 
1970, is hereby modified in accordance with the report of the Board 
of Engineers for Rivers and Harbors dated May 28, 1976, at an esti-
mated cost of $42,800,000. 
SEC. 113. The flood control project for Del Valle Reservoir, 
Alameda Creek, California, authorized by section 203 of the Flood 
Control Act of 1962 is hereby modified in accordance with the report 
of the Chief of Engineers dated July 27, 1976, to increase the contri-
bution made by the United States to the State of California toward 
the cost of construction, maintenance, and operation from $4,080,000 
to $4,650,000. 
SEC. 114. The project for the replacement of Vermilion Lock, 
Louisiana, on the Gulf Intracoastal Waterway is hereby authorized 
substantially in accordance with the recommendations of the Chief 
of Engineers in the report dated August 3,1976, at an estimated cost 
of $20,683,000. 
SEC. 115. The Secretary of the Army, acting through the Chief of 
Engineers, is authorized to undertake the phase I design memorandum 
stage of advanced engineering and design of modification of the 
Gallipolis Locks and Dam project, Ohio River, limited to a single 
1,200 foot replacement lock, in accordance with the recommendations 
of the Chief of Engineers dated July 14,1975, at an estimated cost of 
$2,800,000. 
SEC. 116. The last sentence of section 91 of the Water Resources 
Development Act of 1974 (88 Stat. 39) is amended to read as follows: 
Atlantic 
Intracoastal 
Waterway 
Bridges, Va., 
N.C., project 
modification. 
Des Moines 
River, Iowa, 
project 
modification. 
Mobile Harbor, 
Ala., project 
modification. 
Alameda Creek, 
Calif., project 
modification. 
Vermilion Lock, 
La., project 
replacement. 
Gallipolis Locks 
and Dam, Ohio, 
project 
modification. 
Appropriation 
authorization. 
90 STAT. 2924 
PUBLIC LAW 94-587—OCT. 22, 1976 
River system 
management 
plan, study. 
Land conveyance. 
Law enforcement 
services, 
contracts. 
42 use 
1962d-5d. 
Appropriation 
authorization. 
Nelson, Pa., 
relocation. 
"There are authorized to be appropriated not to exceed $28,725,000 to 
carry out such project.". 
SEC. 117. The Secretary of the Army, acting through the Chief of 
Engineers, is authorized to investigate and study, in cooperation with 
interested States and Federal agencies, through the Upper Mississippi 
River Basin Commission tlie development of a river system manage-
ment plan in the format of the "Great River Study" for the Mississippi 
River from the mouth of the Ohio River to the head of navigation at 
Minneapolis, incorporating total river resource requirements includ-
ing, but not limited to, navigation, the effects of increased barge traffic, 
fish and wildlife, recreation, watershed management, and water quality 
at an estimated cost of $9,100,000. 
SEC. 118. (a) Whenever the Secretary of the Army finds that— 
(1) the Intracoastal Waterway is no longer routed along a part 
of the segment of the Louisiana-Texas Intracoastal Waterway 
right-of-way described in subsection (b) of this section; 
(2) maintenance of such part of the right-of-way has been 
abandoned by the Corps of Engineers; and 
(3) such part of the right-of-way is no longer navigable by 
watercraf t; 
he shall convey, without monetary consideration, any easements or 
other rights or interests in real property which the United States 
acquired for the construction, operation, or maintenance of such part 
of the right-of-way to each owner of record of the real property which 
is subject to such easements, rights, or interests of the United States. 
(b) The segment of the Louisiana-Texas Intracoastal Waterway 
right-of-way referred to in subsection (a) of this section is that seg-
ment of the right-of-way for the Louisiana-Texas Intracoastal Water-
way, Calcasieu-Sabine section, which (1) is within the portion of the 
right-of-way for the old Intracoastal Waterway channel 
(known 
locally as the "East-West Canal") extending from the east bank of the 
Calcasieu River at a point approximately twenty miles south of Lake 
Charles, Louisiana, to the Choupique Cutoff in the Intracoastal Water-
way, and (2) is located on the southeast quarter of the southeast quar-
ter of section 25, township 11 south, range 10 west, and in the west half 
of the southwest quarter of section 30, township 11 south, range 9 west, 
Calcasieu Parish, Louisiana. 
SEC. 119. Section 4 of the Act of June 21,1940, as amended (54 Stat. 
498; 33 U.S.C. 514), is amended in the first sentence by striking out 
"It shall be the duty of the bridge OAvner to prepare and submit to the 
Secretary, within ninety days after service of his order" and inserting 
in lieu thereof "After the service of an order under this Act, it shall 
be the duty of the bridge owner to prepare and submit to the Secretary 
of Transportation, within a reasonable time as prescribed by the 
Secretary". 
SEC. 120. (a) The Secretary of the Army, acting through the Chief 
of Engineers, is autliorized to contract with States and their political 
subdivisions for the purpose of obtaining increased law enforcement 
services at water resources development projects under the jurisdiction 
of the Secretary of the Army to meet needs during peak visitation 
periods. 
(b) There is authorized to be appropriated $6,000,000 per fiscal year 
for the fiscal years ending September 30,1978, and September 30,1979, 
to carry out this section. 
SEC. 121. (a) The prqject for flood protection on the North Branch 
of the Susquehanna River, New York and Pennsylvania, authorized 
PUBLIC LAW 94-587—OCT. 22, 1976 
90 STAT. 2925 
by section 203 of the Flood Control Act of 1958 (72 Stat. 306) is hereby 
modified to authorize and direct the Secretary of the Army, acting 
through the Chief of Engineers, in connection with the construction 
of the Cowansque Dam to relocate the town of Nelson, Pennsylvania, 
to a new townsite. 
(b) As part of such relocation, the Secretary of the Army, acting 
through the Chief of Engineers, shall (1) cooperate in the planning 
of a new town with other Federal agencies and appropriate non-Fed-
eral interests, including Nelson, (2) acquire lands necessary for the 
new town and to convey title to said lands to individuals, business or 
other entities, and to the town as appropriate, and (3) construct neces-
sary municipal facilities. 
(c) The compensation paid to any individual or entity for the tak-
ing of property under this section shall be the amount due such indi-
vidual or entity under the Uniform Kelocation Assistance and Real 
Property Acquisition Policies Act of 1970 less the fair market value 
of the real property conveyed to such individual or entity in the new 
town. Municipal facilities provided under the authority of this section 
shall be substitute facilities which serve reasonably as well as those in 
the existing town of Nelson, except that such facilities shall be con-
structed to such higher standards as may be necessary to comply with 
applicable Federal and State laws. Additional facilities may be con-
structed, only at the expense of appropriate non-Federal interests. 
(d) Before the Secretary of the Army acquires any real property 
for the new townsite appropriate non-Federal interests shall furnish 
binding contractual commitments that all lots in the new townsite 
will be either occupied when available, will be replacements for open 
space and vacant lots in the existing town, or will be purchased by non-
Federal interests at the fair market value. 
SEC. 122. (a) The Secretary of the Army, acting through the Chief 
of Engineers, is authorized and directed to review the requirement of 
local cooperation with respect to providing a spoil disposal area for the 
project at Deep Creek, Warwick County (now within the city of New-
port News), Vipginia, authorized by the Act of August 26,1937 (com-
monly referre<^ to as the River and Harbor Act of 1937, 50 Stat. 846), 
to determine if (1) such requirement should be eliminated, and (2) 
Craney Island disposal area should he used as the spoil disposal area for 
dredged material from such project. Such review shall be completed 
and submitted in a report to Congress within two years after the date of 
enactment of this section. 
(b) Beginning on the date of enactment of this section, (1) the re-
quirement of local cooperation described in subsection (a) shall be 
suspended, and (2) Craney Island disposal area shall be used as the 
spoil disposal area for dredged material from such project, until Con-
gress, by a statute enacted after the date on which the report required 
by subsection (a) is submitted, removes such suspension. 
SEC. 123. The Secretary of the Army, acting through the Chief of 
Engineers, is authorized to operate and maintain the Los Angeles-
Long Beach harbor model in Vicksburg, Mississippi, for the purpose of 
testing proposals for the improvement of navigation in, and the envi-
ronmental quality of, the harbor waters of the ports of Los Angeles 
and Long Beach to determine optimum plans for future expan-
sion of both ports. Such testing shall include, but not be limited to, 
investigation of oscillations, tidal flushing characteristics, water qual-
ity, improvements for navigation, dredging, harbor fills, and physical 
structures. 
New town 
planning, 
cooperation. 
Compensation. 
42 use 4601 
note. 
Local 
cooperation. 
Report to 
Congress. 
Los Angeles-Long 
Beach harbor 
model, 
Vicksburg, Miss,, 
maintenance. 
90 STAT. 2926 
PUBLIC LAW 94-587—OCT. 22, 1976 
Corpus Christi 
Bay, Tex., project 
modification. 
82 Stat. 731. 
Ante, p. 2917. 
Waiver. 
Louisiana, 
highway 
construction. 
Wister Lake, 
Okla., project 
modification. 
SEC. 124. (a) The Corpus Christi ship canal project for navigation in 
Corpus Christi Bay, Texas, authorized by the Rivers and Harbor 
Act of 1968 (P.L. 90-483) is hereby modified to provide that the non-
Federal interests shall contribute 25 per centum of the costs of areas 
required for initial and subsequent disposal of spoil, and of necessary 
retaining dikes, bulkheads, and embankments therefor. Credit shall be 
allowed in connection with the above project in an amount equal to the 
reasonable expenditures made by non-Federal interests in the acqui-
sition of spoil areas and construction of necessary retaining dikes, bulk-
heads, and embankments prior to the effective date of the Water 
Resources Development Act of 1976. 
(b) The requirements for appropriate non-Federal interests to con-
tribute 25 per centum of the construction costs as set forth in subsection 
(a) shall be waived by the Secretary of the Army upon a finding by 
the Administrator of the Environmental Protection Agency that for 
the area to which such construction applies, the State of Texas, inter-
state agency, municipality, and other appropriate political subdivisions 
of the State and industrial concerns are participating in and in com-
pliance with an approved plan for the general geographical area of the 
dredging activity for construction, modification, expansion, or reha-
bilitation of waste treatment facilities and the Administrator has found 
that applicable water quality standards are not being violated. 
SEC. 125. For the purposes of section 9 of the Act of March 3, 1899 
(30 Stat. 1151; 33 U.S.C. 401), the consent of Congress is hereby given 
to the State of Louisiana to construct such structures across any navi-
gable water of the United States as may be necessary for the construc-
tion of the following highways: 
(1) Ivanhoe-Jeanerette, State project numbered 431-01-01 and 
431-01-02 in Iberia and Saint Mary Parishes, Louisiana; 
(2) Larose-Lafitte Highway, State Route La 3134 in Jefferson 
and Lafourche Parishes, Louisiana, starting at Estelle in Jeffer-
son Parish and proceeding southwesterly to Larose in Lafourche 
Parish; and 
(3) United States 90 Relocated (La 3052), in Saint Mary, 
Assumption, Terrebonne, and Lafourche Parishes, Louisiana, 
starting at United States 90 west of Raceland and proceeding 
westerly to a connnection with United States 90 at or near Morgan 
City, Louisiana. 
SEC. 126. The Secretary of the Army, acting through the Chief of 
Engineers, is authorized to undertake the phase I design memorandum 
stage of advanced engineering and design of a project for flood pre-
vention and development of incidental recreation, preservation of the 
natural floodways, and protection of the watershed's soil resources, at 
an estimated cost of $370,000, substantially in accordance with the 
Floodwater Management Plan, North Branch of the Chicago River 
Watershed, Cook and Lake Counties, Illinois, dated October 1974, 
and also substantially in accordance with the watershed implementa-
tion program dated February 1974. 
SEC. 127. The project for Wister Lake, Arkansas River Basin, 
Oklahoma, authorized by section 4 of the Act of June 28,1938, entitled 
"An Act authorizing the construction of certain public works on rivers 
and harbors for flood control, and for other purposes" (52 Stat. 1218) 
is hereby modified to authorize and direct the Secretary of the Army, 
acting through the Chief of Engineers, to recover and preserve impor • 
tant data from significant archeological sites located on project lands 
which will be adversely affected as a result of a change in seasonal 
pool operations. The costs of such work shall not exceed $250,000. 
SEC. 128. (a) The Secretary of the Army is authorized and directed 
to convey by quitclaim deed to C. B. Porter Scott and Dorothy Boren 
PUBLIC LAW 94-587—OCT. 22, 1976 
90 STAT. 2927 
60 Stat. 641. 
Scott of the county of Kandall, State of Texas, all rights, title, and 
interest of the United States in and to the following described tract 
of land acquired as part of the project for Belton Lake, Texas, author-
ized by the Flood Control Act of 1946: 
A tract of land situated in the county of Bell, State of Texas, being-
part of the Stephen P. Terry Survey (A-812), and being part of a 271-
acre tract of land acquired by the United States of America from 
Frank Morgan, and others, by Declaration of Taking filed Septem-
ber 11, 1952, in Condemnation Proceedings (civil numbered 1311) 
in the District Court of the LTnited States for the Western District of 
Texas, Waco Division, and being designated as "Tract Numbered 
P^-505 for Belton Lake", and being more particularly described as 
follows, all bearings being referred to the Texas Plane Coordinate 
System, Central Zone: 
Beginning at Government marker numbered F-503-2, situated 
in a northeasterly boundary line for said tract numbered F-505 
for the point of beginning, said point of beginning being the south-
east corner for a 0.25 acre tract of land acquired by the United 
States of America from Edward Cameron, et ux, by deed dated 
January 13, 1953, and recorded in volume 679 at page 456 and by 
correction deed dated May 25, 1955, and recorded in volume 722 
at page 551) of the deed records of Bell County, Texas, and being 
designated as "Tract Numbered F-503 for Belton Lake", said point 
of beginning also being located south 74 degrees 21 minutes east, 
38.3 feet from a point on top of the bluff for a re-entrant corner 
for said tract numbered F-505; 
thence along the boundary line for said tract numbered F-505 
as follows: south 74 degrees and 21 minutes east, 271.70 feet to a 
point; 
thence south 45 degrees 14 minutes west, 154.5 feet to a point; 
thence south 28 degrees 09 minutes east, 185 feet to a point; 
thence north 73 degrees 45 minutes west, 324.23 feet to Govern-
ment marker numbered A-65-9 for a northeast corner for a 
79.70-acre tract of land acquired by the United States of America 
from Eleanor M. Paulk, and others, by deed dated July 28, 1952, 
and recorded in volume 672 at page 233 of the deed records of 
Bell County, Texas, and being designated as "Tract Numbered 
A-65 for Belton Lake"'; 
thence departing from the boundary line for said tract num-
bered F-505, north 27 degrees 53 minutes west, 169.85 feet to a 
point; 
thence north 55 degrees 26 minutes east, 184 feet more or less, 
to the point of beginning, containing 1.87 acres, more or less, 
(b) The grantees shall, as a condition to the conveyance authorized Payment, 
by subsection (a), pay to the United States an amount equal to the 
sum originally paid by the United States for the tract of land 
described in subsection (a) of this section. 
SEC. 129. (a) The project for liJlue Marsh Lake, Berks County, 
Pennsylvania, a part of the plan for the comprehensive development 
of the Delaware River Basin, as authorized by section 201 of the 
Flood Control Act of 1962 (76 Stat. 1183), is hereby modified to 
authorize and direct the Secretary of the Army, acting through the 
Chief of Engineers, to relocate and restore intact the historic struc-
ture and associated improvements known as the Gruber Wagon Works 
located on certain Federal lands to be inundated upon completion of 
the project, at an estimated cost of $922,000. 
Blue Marsh Lake, 
Pa., project 
modification. 
90 STAT. 2928 
PUBLIC LAW 94-587—OCT. 22, 1976 
Title transfer. 
42 use 
1962(1-5. 
Souris River, 
N. Dak., project 
modification. 
42 use 
1962d-5. 
33 u s e 577. 
33 u s e 701s. 
33 u s e 577 note. 
Ante, p. 2917. 
eertification 
procedure. 
(b) Upon completion of the relocation and restoration of the Gruber 
Wagon Works at a site mutually agreeable to the Secretary of the 
Army and the County of Berks, title to the structure and associated 
improvements and equipment shall be transferred to the County of 
Berks upon condition that such county agree to maintain such historic 
property in perpetuity as a public museum at no cost to the Federal 
Government. 
SEC. 130. The authorized McClellan-Kerr Arkansas River naviga-
tion system is hereby modified to provide a nine-foot deep navigation 
channel, one hundred feet in width, extending approximately ten miles 
from the McClellan-Kerr navigation sailing line upstream on the Big 
Sallisaw Creek and J^Utle Sallisaw (Veek to and including a turning 
basin, near Ignited Str.tes Highway 59, in a location generally con-
forming to Site I, as described in the Tulsa District Engineer's Project 
Formulation Memorandum entitled "Big and Little Sallisaw Creeks, 
Oklahoma, Section 107 Xavigation Project" dated August 1973, at an 
estimated cost of $1,200,000. 
SEC. 131. (a) The first sentence of section 201(a) of the Flood Con-
trol Act of 1965 (Public Law 89-298) is amended by striking out 
"$10,000,000." and inserting in lieu thereof "$15,000,000.". 
(b) Section 201(b) of such Act is amended by striking out 
"$10,000,000" and inserting in lieu thereof "$15,000,000". 
SEC. 132. The project for flood protection on the Souris River at 
Minot, North Dakota, approved by resolutions of the Committee on 
Public Works of the Senate and the Committee on Public Works and 
Transportation of the House of Representatives under authority of 
section 201 of the Flood Control Act of 1965 (42 U.S.C. 1962-5), and 
modified by section 105 of tb.e Water Resources Development Act of 
1974 (88 Stat. 42), is hereby further modified to authorize and direct 
the Secretary of the Army, acting through the Chief of Engineers, 
to reimburse the designated non-Federal interest for the estimated 
additional expense (exceeding that set forth in such section 105) 
incurred by such non-Federal interest in undertaking its required 
cooperation for the j)roposed channel realinement in the downstream 
area of the project near Logan, North Dakota, except that such reim-
bursement shall not exceed $250,000. 
SEC. 133. (a) Subsection (b) of section 107 of the River and Harbor 
Act of 1960 (74 Stat. 480) is further amended by striking out 
"$1,000,000" and inserting in lieu thereof "$2,000,000"'. 
(b) Section 61 of the Water Resources Development Act of 1974 
(88 Stat. 12) is amended as follows: 
(1) By striking out "$1,000,000" and inserting in lieu thereof 
"$2,000,000". _ 
(2) By striking out "$2,000,000" and inserting in lieu thereof 
"$3,000,000". 
(c) The amendments made by this section shall not apply to any 
project under contract for construction on the date of enactment of 
the Water Resources Development Act of 1976. 
SEC. 134. (a) The Secretary of the Army, acting through the Chief 
of Engineers, is authorized and directed within ninety days after 
enactment of this Act to institute a procedure enabling the engineer 
officer in charge of each district under the direction of the Chief of 
Engineers to certify, at the request of local interests, that particular 
local improvements for flood control can reasonably be expected to be 
compatible with a specific, potential project then under study or other 
form of consideration. Such certification shall be interpreted to assure 
local interests that they may go forward to construct such compatible 
PUBLIC LAW 94-587—OCT. 22, 1976 
90 STAT. 2929 
improvements at local expense with the understanding that sucli 
improvements can be reasonably expected to be included within the 
scoi^e of the Federal project, if later authorized, both for the purposes 
of analyzing the costs and benefits of the project and assessing the 
local participation in the costs of such project. This subsection shall 
cease to be in eft'ect after December 31,1977. 
(b) The Secretary of the Army, acting through the Chief of Engi-
neers, is authorized and directed to include in the survey report on 
flood protection on Mingo Creek and its tributaries, Oklahoma, 
authorized by section 208 of the Flood Control Act of 1965, the costs 
and benefits of local improvements initiated by the city of Tulsa for 
such flood jjrotection subsequent to January 1, 1975, Avhich the Chief 
of Engineers determines are compatible with and constitute an inte-
gral part of his recommended plan. In determining the appropriate 
non-Federal share for such project the Chief of Engineers shall give 
recognition to costs incurred by non-Federal interest in carrying out 
such local improvements. 
SEC. 135. The project for Port San Luis Obispo Harbor, California, 
authorized by section 301 of the River and Plarbor Act of 1965, is 
hereby modified substantially in accordance with the plan described 
in the Los Angeles District Engineers report on "Port San Luis, Cali-
fornia" dated April 1976, and the conditions of local cooperation 
specified in subparagraphs l.a. through l.o. of appendix 7 thereof, at 
an estimated cost of $6,040,000. 
SEC. 136. (a) The project for flood control on the Xapa River, Napa 
County, California, authorized by section 204 of the Flood Control 
Act of 1965, is hereby modified to authorize and direct the Secretary 
of the Army, acting through the Chief of Engineers, to acquire 
approximately 577 acres of land for the purpose of mitigating adverse 
impacts on fish and wildlife occasioned by the project. The non-Fed-
eral share of the cost of such lands shall be the percentage as that 
required for the overall project. 
(b) Such project is further modified to include construction by the 
Secretary of the Army acting through the Chief of P^ngineers, of the 
Xapa Ci'eek watershed project of the Soil Conservation Service 
approved June 25,1962. 
(c) Xo part of the cost of the modified project authorized by this 
section shall include the cost of the Secretary of the Army, acting 
through the Chief of Engineers, performing maintenance dredging 
for the navigation project for the Xapa River. 
SEC. 137. The project for flood control in East St. Louis and \icin-
ity, Illinois, authorized by section 204 of the Flood Control Act 
approved October 27, 1965, is hereby modified to authorize the Secre-
tary of the Army, acting through the Chief of P^ngineers, to construct 
the Blue Waters Ditch segment of the overall project independently 
of the other project segments. Prior to initiation of construction of 
the Blue Waters Ditch segment, appropriate non-Federal interests 
shall agree, in accordance with the provisions of section 221 of the 
Flood Control Act of 1970, to furnish non-Federal cooperation for 
such segment. 
SEC. 138. The Secretary of the Army, acting through the Chief of 
Engineers, shall continue studies and construction of bank protection 
works pursuant to the project for the Sacramento River, Chico Land-
ing to Red Bluff, California, authorized by the Flood Control Act of 
1958, notwithstanding the completion of the remaining ten sites pro-
posed for construction at the time of enactment of this Act, 
Termination datis 
Mingo Creek, 
Okla., report. 
79 Stat. 1085. 
Port San Luis 
Obispo Harbor, 
Calif., project 
modification. 
79 Stat. 1089. 
Napa River, 
Calif., project 
modification. 
79 u s e 1074. 
East St. Louis, 
111., project 
modification. 
42 use 
1962d-5b. 
Sacramento 
River, Calif., 
project study. 
90 STAT. 2930 
PUBLIC LAW 94-587—OCT. 22, 1976 
Waurika Dam 
and Reservoir, 
Okla., project 
modification. 
33 u s e 547a. 
Susquehanna 
River, Pa., flood 
protection study; 
report to 
Congress. 
San Francisco 
Bay, 
investigation. 
Study. 
Hilo Bay Area 
and Kailua-Kona, 
Hawaii, study. 
SEC. 139. The project for Waurika Dam and Reservoir on Beaver 
Creek, Oklahoma, authorized by the Act of December 30, 1963 (P.L. 
88-253), is hereby modified to provide that the interest rate appli-
cable to the repayment by non-Federal interests of the cost of the 
water conveyance facilities shall be the same as the interest rate 
established for repayment of the cost of municipal and industrial 
water supply storage in the reservoir. 
SEC. 140. In the case of any authorized navigation project which 
has been partially constructed, or is to be constructed, which is located 
in one or more States, and which serves regional needs, the Secretary 
of the Army, acting through the Chief of Engineers, may include in 
any economic analysis which is under preparation at the time of 
enactment of this Act such regional economic development benefits 
as he determines to be appropriate for purposes of computing the 
economic justification of the project. 
SEC. 141. The Secretary of the Army, acting through the Chief of 
Engineers, is hereby authorized and directed to make a study and 
report which shall include his conclusions and recommendations to 
the Congress on the advisability and feasibility of providing flood 
protection by dredging the Susquehanna River in the Wyoming 
Valley, Pennsylvania, and the surrounding region. 
SEC. 142. The Secretary of the Army, acting through the Chief of 
Engineers, is authorized and directed to investigate the flood and 
related problems to those lands lying below the plane of mean higher 
high water along the San Francisco Bay shoreline of San Mateo, 
Santa Clara, Alameda, Napa, Sonoma and Solano Counties to the 
confluence of the Sacramento and San Joaquin Rivers with a view 
toward determining the feasibility of and the Federal interest in 
providing protection against tidal and fluvial flooding. The investi-
gation shall evaluate the effects of any proposed improvements on 
wildlife j)reservation, agriculture, municipal and urban interests in 
coordination with Federal, State, regional, and local agencies with 
particular reference to preservation of existing marshland in the 
San Francisco Bay region. 
SEC. 143. The Secretary of the Army, acting through the Chief of 
Engineers, is hereby authorized and directed to make a study in 
cooperation with the government of the Territory of American Samoa 
with particular reference to providing a plan for the development, 
utilization, and conservation of water and related land resources. Such 
study shall include appropriate consideration of the needs for flood 
protection, wise use of flood plain lands, navigation facilities, hydro-
electric power generation, regional water supply and waste water 
management facilities systems, general recreation facilities, enhance-
ment and control of water quality, enhancement and conservation of 
fish and wildlife, and other measures for environmental enhancement, 
economic and human resources development, and shall be compatible 
with comprehensive development plans formulated by local planning 
agencies and other interested Federal agencies. 
SEC. 144. The Secretary of the Army, acting through the Chief 
of Engineers, in cooperation with the State of Hawaii and appropriate 
units of local government, shall make a study of methods to develop, 
utilize, and conserve water and land resources in the Hilo Bay Area, 
Hawaii, and Kailua-Kona, Hawaii. Such study shall include, but not 
be limited to, consideration of the need for flood protection, appro-
priate use of flood plain lands, navigation facilities, hydroelectric 
power generation, regional water supply and waste water manage-
PUBLIC LAW 94-587—OCT. 22, 1976 
90 STAT. 2931 
ment facilities systems, recreation facilities, enhancement and conser-
vation of water quality, enhancement and conservation of fish and 
wildlife, other measures for environmental enhancement, and eco-
nomic and human resources development. Based upon the findings of 
such study, the Secretary of the Army, acting through the Chief of 
Engineers, shall prepare a plan for the implementation of such find-
ings which shall be compatible with other comprehensive development 
plans prepared by local planning agencies and other interested Fed-
eral agencies. 
SEC. 145. The Secretary of the Army, acting through the Chief of 
Engineers, is authorized upon request of the State, to place on the 
beaches of such State beach-quality sand which has been dredged in 
constructing and maintaining navigation inlets and channels adjacent 
to such beaches, if the Secretary deems such action to be in the public 
interest and upon payment of the increased cost thereof above the cost 
required for alternative methods of disposing of such sand. 
SEC. 146. The project for harbor improvement at Noyo, Mendocino 
County, California, authorized by the River and Harbor Act of 1962 
(76 Stat. 1173), is hereby modified to authorize the Secretary of the 
Army, acting through the Chief of Engineers, to construct such break-
waters as may be needed to provide necessary protection, but not more 
than two, and to construct such additional channel improvements, 
including, but not limited to, deepening, widening, and extensions, as 
he deems necessary to meet applicable economic and environmental 
criteria. 
SEC. 147. The Secretary of the Army, acting through the Chief of 
P^ngineers, is authorized and directed to conduct hydrographic sur-
veys of the Columbia River from Richland, Washington, to Grand 
Coulee Dam for the purpose of identifying navigational hazards and 
preparing maps of the river channel at an estimated cost of $500,000, 
and providing information necessary for establishment of aids to 
navigation. 
SEC. 148. The Secretary of the Army, acting through the Chief of 
Engineers, shall utilize and encourage the utilization of such manage-
ment practices as he determines appropriate to extend the capacity 
and useful life of dredged material disposal areas such that the need 
for new dredged material disposal areas is kept to a minimum. Man-
agement practices authorized by this section shall include, but not be 
limited to. the construction of dikes, consolidation and dewatering 
of dredged material, and construction of drainage and outflow 
facilities. 
SEC. 149. The Secretary of the Army, acting through the Chief of 
Engineers, is hereby authorized and directed to remove Shooters' 
Island located north of Staten Island, New York, at the mouth of 
Arthur Kill and to utilize such removed material for fill and widen-
ing of Arthur Kill. 
SEC. 150. The Secretary of the Army, acting through the Chief of 
Engineers, is authorized to plan and establish wetland areas as part 
of an authorized water resources development project under his juris-
diction. Establishment of any wetland area in connection with the 
dredging required for such a water resources development project 
may be undertaken in any case where the Chief of Engineers in his 
judgment finds that— 
(1) environmental, economic, and social benefits of the wetland 
area justifies the increased cost thereof above the cost required 
for alternative methods of disposing of dredged material for such 
project; and 
Beaches. 
33 use 426j. 
Noyo, Calif., 
breakwaters. 
Columbia River, 
Wash., 
hydrographic 
surveys. 
33 u s e 419a. 
Shooters' Island, 
N.Y., removal 
Wetland areas. 
42 use 
1962d-5e. 
90 STAT. 2932 
PUBLIC LAW 94-587—OCT. 22, 1976 
Costs. 
Chief Joseph 
Dam, Wash., 
project 
modification. 
60 Stat. 634. 
Cooperative 
arrangements. 
(2) the increased cost of such wethind area will not exceed 
$400,000; and 
(3) there is reasonable evidence that the wetland area to be 
established will not be substantially altered or destroyed by 
natural or man-made causes. 
Report to 
(b) Whenever the Secretary of the Army, acting through the Chief 
Congress. 
of Engineers, submits to Congress a report on a water resources devel-
opment project after the date of enactment of this section, such report 
shall include, where appropriate, consideration of the establishment 
of wetland areas. 
(c) In the computation of benefits and cost of any water resources 
development project the benefits of establishing of any wetland area 
shall be deemed to be at least equal to the cost of establishing such area. 
All costs of establishing a wetland area shall be borne by the United 
States. 
SEC. 151. The project for the Chief Joseph Dam authorized by the 
Act of July 2, 1946' (Public Law 525, 79th Congress) is modified to 
authorize the Secretary of the Army, acting through the Chief of 
Engineers, to provide such temporary school facilities as he may deem 
necessary for the education of dependents of persons engaged in the 
construction of additional hydroelectric power facilities at Chief 
eToseph Dam and Eeservoir, Washington. When he determines it to be 
in the public interest, the Secretary, acting through the Chief of Engi-
neers, may enter into cooperative arrangements with local and Federal 
agencies for the operation of such Government facilities, for the expan-
sion 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. 152. The Secretary of the Army, acting through the Chief of 
Engineers, is authorized to participate in the construction of a levee 
and protective seawall at Liberty Park, New Jersey, at an estimated 
cost of $12,600,000. Appropriate non-Federal interests shall furnish 
all necessary lands, easements and rights-of-way necessary for such 
project and shall contribute 30 per centum of the total cost exclusive of 
land costs. 
SEC. 153. The last sentence under the center heading "ARKANSAS-RED 
RIVER BAsix" in section 201 of the Flood Control Act of 1970 (84 Stat. 
42 use 
1825) is amended to read as follows: "Construction shall not be ini-
1962d-5. 
tiated on any element of such project until such element has been 
approved by the Secretary of the Army.". 
33 use 59/. 
SEC. 154. The prohibitions and provisions for review and approval 
concerning wharves and piers in waters of the United States as set 
forth in section 10 of the Act of March 3,1899 (30 Stat. 1151) and the 
first section of the Act of June 13, 1902 (32 Stat. 371) shall not apply 
to any body of water located entirely Avithin one State which is, or 
could be, considered to be a navigable body of water of the United 
States solely on the basis of historical use in interstate commerce. 
SEC. 155. (a) Subsection (c) of section 32 of the Water Resources 
42 use 1962d-5 Development Act of 1974 (Public Law 93-251) is amended by striking 
note. 
out the period at the end thereof and inserting in lieu thereof a semi-
colon and by adding at the end thereof the following: 
"(5) the delta of the Eel River, California. 
"(6) the lower Yellowstone River from Intake Montana, to the 
mouth of such river.", 
(b) Subsection (e) of such section 32 is amended to read as follows: 
Liberty Park, 
N.J., levee and 
seawall. 
PUBLIC LAW 94-587—OCT. 22, 1976 
90 STAT. 2933 
"(e) There is authorized to be appropriated not to exceed $50,000,000 
to carry out this section.". 
SEC. 156. The Secretary of the Army, acting through the Chief of 
Engineers, is authorized to provide periodic beach nourishment in the 
case of each water resources development project where such nourish-
ment has been authorized for a limited period for such additional 
period as he determines necessary but in no event shall such additional 
period extend beyond the fifteenth year which begins after the date 
of initiation of construction of such project. 
SEC. 157. (a) Section 12(b) of the Water Resources Development 
Act of 1974 (88 Stat. 17) is amended by striking out "one hundred and 
eighty" each time it appears and inserting in lieu thereof "ninety". 
(b) The amendment made by subsection (a) of this section shall 
take effect on January 1,1977. 
SEC. 158. The Secretary of the Army, acting through the Chief of 
Engineers, is authorized and directed to make a comprehensive study 
and report on the system of waterway improvements under his jurisdic-
tion. The study shall include a review of the existing system and its 
capability for meeting the national needs including emergency and 
defense requirements and an appraisal of additional improvements 
necessary to optimize the system and its intermodal characteristics. The 
Secretary of the Army, acting through the Chief of Engineers, shall 
submit a report to Congress on this study, within three years after 
funds are first appropriated and made available for the study, together 
with his recommendations. The Secretary of the Army, acting through 
the Chief of Engineers, shall, upon request, from time to time make 
available to the National Transportation Policy Study Commission 
established by section 154 of Public Law 94-280, the information and 
other data developed as a result of the study. 
SEC. 159. The Marysville Lake project, California, authorized by 
the Flood Control Act of 1966 (80 Stat. 1405), is hereby modified to 
authorize the Secretary of the Army, acting through the Chief of 
Engineers, to undertake the phase I design memorandum stage of 
advanced engineering and desi^ for a multiple-purpose project 
located at the Parks Bar site, including power development with 
pumped storage, at an estimated cost of $150,000. 
SEC. 160. The Secretary of the Army, acting through the Chief of 
Engineers, is authorized to undertake the phase I design memorandum 
stage of advanced engineering and design of the project for hydro-
electric power on the Susitna River, Alaska, in accordance with the 
recommendations of the Board of Engineers for Rivers and Harbors 
in its report dated June 24, 1976, at an estimated cost $25,000,000. 
This shall take effect upon submittal to the Secretary of the Army by 
the Chief of Engineers and notification to Congress of the approval of 
the Chief of Engineers. 
SEC. 161. Section 32 of the Water Resources Development Act of 
1974 (88 Stat. 12) is amended as follows: 
(1) In subsection (c) (3) strike "; and" and add ", including areas 
on the right bank at river miles 1345; 1310; 1311; 1316.5; 1334.5; 
]:^41; 1348.5; 1379.5; 1385; and on the left bank at river miles 1316.5; 
1320.5; 1323; 1326.5; 1335.7; 1338.5; 1345.2; 1357.5; 1360; 1366.5; 
1368; and 1374;"; 
^2) A new subsection (f) is added as follows: 
(f) The Secretary of the Army shall make an interim report to 
Congress on work undertaken pursuant to this section by Septem-
ber 30, 1978, and shall make a [final] report to the Congress no later 
than December 31,1981.". 
Appropriation 
authorization. 
Beach 
nourishment. 
42 use 
1962d-5f. 
33 u s e 579. 
Effective date. 
33 u s e 579 note. 
Study and report. 
33 u s e 540 note. 
Review. 
Report to 
eongress. 
Ante, p. 448. 
Marysville Lake, 
ealif., project 
modification. 
Susitna River, 
Ala. 
Notice to 
Congress. 
42 use 1962d-5 
note. 
Reports to 
eongress. 
90 STAT. 2934 
PUBLIC LAW 94-587—OCT. 22, 1976 
Nonnavigable 
waters. 
33 u s e 59m. 
Study. 
Snake River, 
Oreg., Wash., 
Idaho, project 
modification. 
42 use 
1962d-5b. 
Appropriation 
authorization. 
Repeal. 
40 u s e 53. 
Demonstration 
program. 
33 u s e 426k. 
eontrollable 
diversion rate. 
SEC. 162, For the purposes of section 10 of the Act of March 3, 
1899 (30 Stat. 1151) (33 U.S.C. 401) the following bodies of water are 
declared nonnavigable: Lake Oswego, Oregon; Lake Coeur d'Alene, 
Idaho; and Lake George, New York. 
SEC. 163. The Secretary of the Army, acting through the Chief of 
Engineers, is authorized and directed to study water and surface 
transportation needs resulting from the expansion and further devel-
opment of the San Pedro Bay ports. Such study shall include, but 
not be limited to, the feasibility and advisability of enlarging the 
Dominguez Channel for flood control purposes. 
SEC. 164. The project for the Snake River, Oregon, Washington, 
and Idaho, authorized in section 2 of the River and Harbor Act of 
1945 (59 Stat. 21) is hereby modified to authorize and direct the Sec-
retary of the Army, acting through the Chief of Engineers, to con-
struct at full Federal expense a four-lane, high-level highway bridge 
and approaches thereto connecting the cities of Lewiston, Idaho, and 
Clarkston, Washington, at or near river mile 141.3 of the Snake River, 
approximately two miles upstream of the present United States High-
way 12 bridge. Before construction may be initiated the non-Federal 
interests shall agree pursuant to section 221 of the Flood Control Act 
of 1970 (P.L. 91-611) to (1) hold and save the United States free 
from damages resulting from construction of the bridge and its 
approaches, (2) provide without cost to the United States all lands, 
easements, and rights-of-way necessary for the construction of the 
bridge and its approaches, and (3) own, maintain, and operate the 
bridge and its approaches after construction is completed, free to the 
public. There is authorized to carry out this section not to exceed 
$21,000,000. 
SEC. 165. That portion of the first section of the Act of September 1, 
1916 (39 Stat. 693) entitled "Washington Aqueduct" is hereby 
repealed. 
SEC. 166. (a) In order to alleviate water damage on the shoreline 
of Lake Michigan and others of the Great Lakes during periods of 
abnormally high water levels in the Great Lakes, and to improve the 
water quality of the Illinois Waterway, the Secretary of the Army, 
acting through the Chief of Engineers, is authorized to carry out a 
five-year demonstration program to temporarily increase the diver-
sion of water from Lake Michigan at Chicago, Illinois, for the purpose 
of testing the practicability of increasing the average annual diver-
sion from the present limit of three thousand two hundred cubic feet 
per second to ten thousand cubic feet per second. The demonstration 
program will increase the controllable diversion by various amounts 
calculated to raise the average annual diversion above three thousand 
two hundred cubic feet per second up to ten thousand cubic feet per 
second. The increase in diversion rate will be accomplished incremen-
tally and will take into consideration the effects of such increase on 
the Illinois Waterway. The program will be developed by the Chief 
of Engineers in cooperation with the State of Illinois and the Metro-
politan Sanitary District of Greater Chicago. The program will be 
implemented by the State of Illinois and the Metropolitan Sanitary 
District of Greater Chicago under the supervision of the Chief of 
Engineers. 
(b) During the demonstration program a controllable diversion 
rate will be established for each month calculated to establish an 
annual average diversion from three thousand two hundred cubic 
feet per second to not more than ten thousand cubic feet per second. 
When the level of Lake Michigan is below its average level, the total 
PUBLIC LAW 94-587—OCT. 22, 1976 
90 STAT. 2935 
diversion for the succeeding accounting year shall not exceed three 
thousand two hundred cubic feet per second on an annual basis. The 
average level of Lake Michigan will be based upon the average 
monthly level for the period from 1900 to 1976. 
(c) When river stages approach or are predicted to approach bank-
full conditions at the established flood warning stations on the Illinois 
Waterway or the Mississippi River, or when further increased diver-
sion of water from Lake Michigan would adversely affect water levels 
necessary for navigational requirements of the Saint Lawrence Sea-
way in its entirety throughout the Saint Lawrence River and Great 
Lakes-Saint Lawrence Seaway, water shall not be diverted directly 
from Lake Michigan at the Wilmette, O'Brien, or Chicago River 
control 
structures 
other 
than 
as necessary 
for 
navigational 
requirements. 
(d) The Chief of Engineers shall conduct a study and a demon-
stration program to determine the effects of the increased diversion 
on the levels of the Great Lakes, on the water quality of the Illinois 
Waterway, and on the susceptibility of the Illinois Waterway to addi-
tional flooding. The study and demonstration program will also inves-
tigate any adverse or beneficial impacts which result from this section. 
The Chief of Engineers, at the end of five years after the enactment 
of this section, will submit to the Congress the results of this study 
and demonstration program including recommendations whether to 
continue this authority or to change the criteria stated in subsection 
(b) of this section. 
(e) For purposes of this section, controllable diversion is defined 
as that diversion at Wilmette, O'Brien, and Chicago River control 
structures which is not attributable to leakage or which is not neces-
sary for navigational requirements. 
SEC. 167. (a_) The Secretary of the Army, acting through the Chief 
of Engineers, is authorized and directed to conduct a study of the most 
efficient methods of utilizing the hydroelectric power resources at 
water resource development projects under the jurisdiction of the 
Secretary of the Army and to prepare a plan based upon the findings 
of such study. Such study shall include, but not be limited to, an 
analysis of— 
(1) the physical potential for hydroelectric development, giving 
consideration to the economic, social, environmental and institu-
tional factors which will affect the realization of physical 
potential; 
(2) the magnitude and regional distribution of needs for hydro-
electric power; 
(3) the integration of hydroelectric power generation with 
generation from other types of generating facilities; 
(4) measures necessary to assure that generation from hydro-
electric projects will efficiently contribute to meeting the national 
electric energy demands; 
(5) the timing of hydroelectric development to properly coin-
cide with changes in the demand for electric energy; 
(6) conventional hydroelectric potential, both high head and 
low head projects utilizing run-of-rivers and possible advances in 
mechanical technology, and pumped storage hydroelectric poten-
tial at sites which evidence such potential; 
(7) the feasibility of adding or reallocating storage and modi-
fying operation rules to increase power production at corps proj-
ects with existing hydroelectric installations; 
Study and 
demonstration 
program. 
Results, 
submittal to 
Controllable 
diversion. 
Hydroelectric 
power resources, 
study. 
42 use 
1962d-5g. 
90 STAT. 2936 
PUBLIC LAW 94-587—OCT. 22, 1976 
Plan, transmittal 
to congressional 
committees. 
Appropriation 
authorization. 
Feasibility 
studies. 
Appropriation 
authorization. 
42 use 
1962d-16. 
Pine Mountain 
Lake on Lee 
Creek, Ark.-
Okla., project 
construction. 
16 u s e 460/-12 
note. 
Little Dell 
Project, Salt Lake 
eity Streams, 
Utah, 
modification. 
Sowashee Creek, 
Meridian, Miss., 
project 
modification. 
Mermentau River 
and the Gulf of 
Mexico 
Navigation 
Channel, La. 
Notice to 
Congress. 
(8) measures deemed necessary or desirable to insure that the 
potential contribution of hydroelectric resources to the overall 
electric energy supply are realized to the maximum extent possi-
ble; and 
(9) any other pertinent factors necessary to evaluate the de-
velopment and operation of hydroelectric projects of the Corps of 
Engmeers. 
(b) Within three years after the date of the first appropriation of 
funds for the purpose of carrying out this section, the Secretary of the 
Army, acting through the Chief of Engineers, shall transmit the plan 
prepared pursuant to subsection (a) with supporting studies and docu-
mentation, together with the recommendations of the Secretary and 
the Chief of Engineers on such plan, to the Committee on Public 
Works of the Senate and the Committee on Public Works and Trans-
portation of the House of Representatives. 
(c) There is authorized to be appropriated to carry out subsections 
(a) and (b) of this section not to exceed $7,000,000. 
(d) The Secretary of the Army, acting through the Chief of 
Engineers, is authorized with respect to previously authorized projects 
to undertake feasibility studies of specific hydroelectric power installa-
tions that are identified in the course of the study authorized by this 
section, as having high potential for contribution toward meeting 
regional power needs. There is authorized to be appropriated to carry 
out this subsection not to exceed $5,000,000 per fiscal year for each of 
the fiscal years 1978 and 1979. 
SEC. 168. Subsection 22(b) of the Water Resources Development 
Act of 1974 (Public Law 93-251) is amended by str-iking out 
"$2,000,000" and inserting in lieu thereof "$4,000,000". 
SEC. 169. Notwithstanding any other provision of law, the project 
for Pine Mountain Lake on Lee Creek, Arkansas and Oklahoma, 
authorized by section 204 of the Flood Control Act of 1965 (79 Stat. 
1073), shall be constructed, operated, and maintained in accordance 
with the Federal Water Project Recreation Act (Public Law 89-72). 
SEC. 170. The Little Dell Project, Salt Lake City Streams, Utah, 
authorized in section 203 of the Flood Control Act of 1968 (P.L. 
90-483; 82 Stat. 744) is hereby modified to authorize the Secretary 
of the Army, acting through the Chief of Engineers, to decrease the 
amount of storage capacity so as to more adequately reflect existing 
needs. 
SEC. 171. The Secretary of the Army, acting through the Chief of 
Engineers, is hereby authorized to undertake the phase I design mem-
orandum stage of advanced engineering and design of the project 
elements involving the lowermost 10.1 mile-long segment of channel 
modification of Sowashee Creek at Meridian, Mississippi, substantially 
in accordance with the plan of development approved by the 
Administrator, Soil Conservation Service, United States Department 
of Agriculture, on October 15, 1974, at an estimated cost of $450,000. 
SEC. 172. The project for assumption of maintenance of the Mermen-
tau River and the Gulf of Mexico Navigation Channel, Louisiana, is 
hereby adopted and authorized to be prosecuted by the Secretary of 
the Army, acting through the Chief of Engineers, substantially in 
accordance with the plans and subject to the conditions contained in 
the report of the Board of Engineers for Rivers and Harbors dated 
January 16, 1976, at an estimated annual cost of $155,000. This shall 
take eftect upon submittal to the Secretary of the Army by the Chief 
PUBLIC LAW 94-587—OCT. 22, 1976 
90 STAT. 2937 
of Engineers and notification to Congress of the approval of the 
Chief of Engineers. 
SEC. 173. The project for flood protection in the Bassett Creek 
Watershed, Minnesota, is hereby adopted and authorized to be 
prosecuted by the Secretary of the Army, acting through the Chief of 
Engineers, substantialy in accordance with the plans and subject to the 
conditions contained in the report of the Board of Engineers for Rivers 
and Harbors dated July 26, 1976, at an estimated cost of $7,593,000. 
This shall take effect upon submittal to the Secretary of the Army by 
the Chief of Engineers and notification to Congress of the approval of 
the Chief of Engineers. 
SEC. 174. The project of Caddo Dam and Reservoir, Louisiana, 
authorized by the Flood Control Act of 1965 (79 Stat. 1077, P.L. 
89-298) is hereby modified to provide that the operation and mainte-
nance of the project shall be the responsibility of the Secretary of the 
Army, acting through the Chief of Engineers. 
SEC. 175. The Secretary of the Army, acting through the Chief of 
Engineers, is authorized to undertake the phase I design memorandum 
stage of advanced engineering and design of the project for harbor 
modification at Cleveland Harbor, Ohio, in accordance with the report 
of the District Engineer, dated June 1976, at an estimated cost of 
$500,000. This shall take effect upon submittal to the Secretary of the 
Army by the Chief of Engineers and notification to Congress of the 
approval of tlie Chief of Engineers. 
SEC. 176. The Secretary of the Army, acting through the Chief of 
Engineers, is hereby authorized and directed to cause a survey to be 
made at the Navajo Indian Reservation, Arizona, New Mexico, and 
Utah for flood control and allied purposes, and subject to all applicable 
provisions of section 217 of the Flood Control Act of 1970 (Public 
Law 91-611), at an estimated cost of $2,000,000; and to submit reports 
thereon to the Congress with the recommendations. 
SEC. 177. The authorization of the Gaysville Dam and Lake project, 
Stockbridge, Chittenden, and Rochester, Vermont, provided by sec-
tion 5 of the Flood Control Act of 1936, as modified by the Acts of 
Congress approved May 25, 1937, June 28, 1938, and August 18,1941, 
is terminated upon the enactment of this Act. 
SEC. 178. (a) If the Secretary of the Army, acting through the 
Chief of Engineers, finds that the proposed project to be erected at the 
location to be declared nonnavigable under this section is in the public 
interest, on the basis of engineering studies to determine the location 
and structural stability of any bulkheading and filling and permanent 
pile-supported structure, in order to preserve and maintain the remain-
ing navigable waterway and on the basis of environmental studies 
conducted pursuant to the National Environmental Policy Act of 
1969, then that portion of the Hudson River in Hudson County, State 
of New Jersey, bounded and described as follows is hereby declared to 
be nonnavigable water of the United States within the meaning of the 
laws of the United States, and the consent of Congress is hereby given 
to the filling in of all or any part thereof and the erection of permanent 
pile-supported structures thereon: 
Such portion is in the township of North Bergen in the county 
of Hudson and State of New Jersey, and is more particularly 
described as follows: At a point in the easterly right-of-way of 
New Jersey Shore Line Railroad (formerly New Jersey Junction 
Railroad) said point being located northerly, measured along said 
easterly right-of-way, 81.93 feet from Station 54-f 42.4 as shown 
Bassett Creek 
Watershed, 
Minn., project. 
Notice to 
Congress. 
Caddo Dam and 
Reservoir, La., 
project 
modification. 
Cleveland 
Harbor, Ohio, 
project. 
Notice to 
Congress. 
Navajo Indian 
Reservation, 
Ariz.-N. Mex.-
Utah, survey. 
Reports to 
Congress. 
84 Stat. 1830. 
Gaysville Dam 
and Lake project, 
Vt., termination. 
Hudson River, 
Hudson County, 
N.J. 
33 u s e 59n. 
42 u s e 4321 
note. 
90 STAT. 2938 
PUBLIC LAW 94-587—OCT. 22, 1976 
Plan approval. 
Reimbursement. 
Hackensack 
River, Hudson 
County, N.J. 
33 u s e 59o. 
42 u s e 4321 
note. 
on construction drawing dated May 23,1931, of River lioad, filed 
in the Office of the Hudson County Engineer, Jersey City, New 
Jersey: 
thence (1) northerly and along said easterly right-of-way on 
a bearing of north 12 degrees 11 minutes 14 seconds east, a dis-
tance of 280 feet to a point; 
thence (2) south 75 degrees 28 minutes 24 seconds east, a dis-
tance of 310 feet to a point; 
thence (3) south 17 degrees 15 minutes 41 seconds east, a dis-
tance of 101.70 feet to a point; 
thence (4) south 62 degrees 18 minutes 12 seconds east a dis-
tance of 355.64 feet to a point in the exterior solid fill line of 
April 7, 1903, and the bulkhead line of April 28, 1904, on the 
Hudson River; 
thence (5) along said exterior solid fill and bulkhead lines south 
28 degrees 55 minutes 51 seconds west, a distance of 523 feet to a 
point in tlie northerly line of lands now or formerly of New York 
State Realty and Terminal Company; 
thence (6) north 61 degrees 34 minutes 29 seconds west, and 
along said northerly line of the New York State Realty and 
Terminal Company, a distance of 590.08 feet to a point in the 
aforementioned easterly right-of-way of the New Jersey Shore 
Line Railroad; 
thence (7) northerly and along said easterly right-of-way of 
the New Jersey Shore Line Railroad on a curve to the left a 
radius of 995.09 feet, an arc length of 170.96 feet to a point 
therein; 
thence (8) northerly, still along the same, on a bearing of north 
12 degrees 11 minutes 14 seconds east, a distance of 81.93 feet 
to the point and place of beginning. 
Said parcel containing 8 acres being the same more or less. 
(b) The declaration in subsection (a) of this section shall apply 
only to portions of the above-described area which are either bulk-
headed and filled or occupied by permanent pile-supported structures. 
Plans for bulkheading and filling and permanent pile-supported struc-
tures shall be approved by the Secretary of the Army, acting through 
the Chief of Engineers. Local interests shall reimburse the Federal 
Government for engineering and all other costs incurred under this 
section. 
SEC. 179. (a) If the Secretary of the Army, acting through the 
Chief of Engineers finds that the proposed project to be erected at 
the location to be declared nonnavigable under this section is in the 
public interest, on the basis of engineering studies to determine the 
location and structural stability of any bulkheading and filling and 
permanent pile-supported structure, in order to preserve and maintain 
the remaining navigable waterway, and on the basis of environmental 
studies conducted pursuant to the National Environmental Policy 
Act of 1969, then those portions of the Hackensack River in Hudson 
County, State of New Jersey, bounded and described as follows are 
hereby declared to be nonnavigable waters of the United States within 
tlie meaning of the laws of the United States, and the consent of Con-
gress is hereby given to the filling in of all or any part thereof and 
the erection of permanent pile-supported structures thereon: 
Beginning at a point where the southeasterly shoreline (mean 
high water line) of the Hackensack River intersects the easterly 
line of the Erie Railroad said point property being 2,015.38 feet 
PUBLIC LAW 94-587—OCT. 22, 1976 
90 STAT. 2939 
northerly along said railroad property from where it intersects 
the northerly line of the Meadowlands Parkway (100 feet wide) 
and running from: 
thence north 19 degrees 20 minutes 54 seconds west 50.00 feet; 
thence north 37 degrees 30 minutes 08 seconds east 615.38 feet; 
thence north 03 degrees 02 minutes 56 seconds east, 2,087 feet; 
thence north 31 degrees 11 minutes 06 seconds east 577 feet; 
thence north 74 degrees 29 minutes 18 seconds east 541.25 feet; 
thence south 62 degrees 01 minute 31 seconds east 400 feet; 
thence south 55 degrees 46 minutes 27 seconds east 612.52 feet; 
thence south 34 degrees 13 minutes 33 seconds west 517.79 feet; 
thence south 55 degrees 46 minutes 27 seconds east 158.81 feet; 
thence south 34 degrees 13 minutes 33 seconds west 310 feet; 
thence north 55 degrees 26 minutes 27 seconds north 15 feet; 
thence south 34 degrees 13 minutes 33 seconds west 592 feet; 
thence running in a southwesterly direction along the shoreline 
(mean high water line) of the Hackensack River, a distance of 
2,360 feet being the same more or less to the easterly property 
line of the Erie Railroad and the point or place of beginning. 
Said parcel containing 67.6 acres being the same more or less. 
(b) The declaration in subsection (a) of this section shall apply 
only to portions of the described area which are either bulkheaded and 
filled or occupied by permanent pile-supported structures. Plans for 
bulkheading and filling and permanent pile-supported structures shall 
be approved by the Secretary of the Army, acting through the Chief 
of Engineers. Local interests shall reimburse the Federal Govern-
ment for engineering and all other costs incurred under this section. 
SEC. 180 (a) The Secretary of the Army, acting through the Chief 
of Engineers, is directed to develop a plan for shoreline protection and 
beach erosion control along Lake Ontario, and report on such plan 
to the Congress as soon as practicable. Such report shall include recom-
mendations on measures of protection and proposals for equitable cost 
sharing, together with recommendations for regulating the level of 
Lake Ontario to assure maximum protection of the natural environ-
ment and to hold shoreline damage to a minimum. 
(b) Until the Congress receives and acts upon the report required 
under subsection (a) of this section, all Federal agencies having 
responsibilities affecting the level of Lake Ontario shall, consistent 
with existing authority, make every effort to discharge such respon-
sibilities in a manner so as to minimize damage and erosion to the 
shoreline of Lake Ontario. 
(c) There is authorized to be appropriated to carry out this section 
$2,000,000. 
(d) This section may be cited as the "Lake Ontario Protection Act 
of 1976". 
SEC. 181. (a) (1)_ Subject to paragraph (2) of this subsection, the 
consent of Congress is granted under section 9 of the Act of March 3, 
1899 (30 Stat. 11.51; 33 TJ.S.C. 401), to the Washington Suburban 
Sanitary Commission to construct a water diversion structure, with an 
elevation not to exceed one hundred and fifty-nine feet above sea level, 
from the north shore of the Potomac River at the Washington Subur-
ban Sanitary Commission water filtration plant to the north shore of 
Watkins Island. 
(2) The structure authorized by paragraph (1) of this subsection, 
may not be constructed (A) until the Secretary of the Army, acting 
through the Chief of Engineers, and the State of Maryland, the Com-
Lake Ontario 
Protection Act of 
1976. 
Plan, report to 
Congress. 
33 u s e 426/. 
Appropriation 
authorization. 
Citation of 
section. 
42 use 
1962(1-1 la. 
Written 
agreement. 
90 STAT. 2940 
PUBLIC LAW 94-587—OCT. 22, 1976 
42 u s e 1962d-7 
note. 
58 Stat. 887. 
64 Stat. 170. 
62 Stat. 1175. 
80 Stat. 1418. 
49 Stat. 1572. 
60 Stat. 641. 
84 Stat. 312. 
Ruby, Tenn., site 
acquisition. 
16 u s e 460ee. 
monwealth of Virginia, the Washington Suburban Sanitary Com-
mission, and such other governmental authorities as the Secretary of 
the Army, the State of Maryland, and the Commonwealth of Virgmia 
deem desirable signatories enter into a written agreement providing 
an enforceable schedule for allocation among the parties to such agree-
ment for the withdrawal of the waters of that portion of the Potomac 
River located between Little Falls Dam and the farthest upstream 
limit of the pool of water behind the Chesaj)eake and Ohio Canal 
Company rubble dam at Seneca, Maryland, during periods of low flow 
of such portion of such river, and (B) unless such construction is 
not in conflict with the report of the Secretary of the Army, acting 
through the Chief of Engineers, submitted pursuant to section 85 of 
the Water Resources Development Act of 1974. 
(b) The Secretary of the Army, acting through the Chief of Engi-
neers, is authorized to enter into the agreement referred to in subsec-
tion (a)(2) of this section and any amendment to or revision of such 
agreement. 
(c) Except as may be provided in the agreement referred to in 
subsection (a) (2) of this section, nothing in this section shall alter 
any riparian rights or other authority of the State of Maryland, or 
any political subdivision thereof, the Commonwealth of Virginia, or 
any political subdivision thereof, or the District of Columbia, or 
authority of the Corps of Engineers existing on the date of enactment 
of this section relative to the appropriation of water from, or the use 
of, the Potomac River, 
SEC. 182. (a) The authorization for the Richard B. Russell Dam 
and Lake (formerly Trotters Shoals Reservoir), contained in section 
203 of the Flood Control Act of 1966 (80 Stat. 1405) is hereby 
amended by deleting the following: "Nothing in this Act shall be con-
strued to authorize inclusion of pumped storage power in this project.". 
(b) The Secretary of the Army, acting through the Chief of Engi-
neers, is authorized to install a fifth hydropower unit at the Hartwell 
Reservoir on the Savannah River, South Carolina and Georgia, 
approved in the Flood Control Acts of December 22,1944, and May 17, 
1950, at an estimated increased cost of $15,700,000. 
SEC. 183. The West Tennessee tributaries feature Mississippi River 
and tributaries project (Obion and Forked Deer Rivers), Tennessee, 
authorized by the Flood Control Acts approved June 30, 1948, and 
Novmber 7,1966, as amended and modified, is hereby further amended 
to authorize and direct the Secretary of the Army, acting through 
the Chief of Engineers, to construct, to main-stem levee standards, a 
levee with appurtenant works for flood protection immediately east 
of the authorized diversion channel of the Obion River, authorized 
by the Flood Control Act of June 22, 1936, as amended by the Flood 
Control Act of July 24, 1946, and further amended by section 7 of 
the River Basin Monetary Authorization Act of 1971, from near the 
mouth of the diversion channel to the vicinity of Highway 88 and 
thence to high ground in the vicinity of Porter Gap, at an estimated 
cost of $1,000,000. 
SEC. 184. Section 108 of Public Law 93-251 is amended as follows: 
(a) At the end of subsection (a) add the following: "The Secretary 
may acquire sites at locations outside such boundaries, as he deter-
mines necessary, for administrative and visitor orientation facilities. 
The Secretary may also acquire a site outside such boundaries at or 
near the location of the historic Tabard Inn in Ruby, Tennessee, includ-
PUBLIC LAW 94-587—OCT. 22, 1976 
90 STAT. 2941 
ing such lands as he deems necessary, for the establishment of a lodge 
with recreational facilities as provided in subsection (e)(3)."; 
(b) In subsection (b), after the "(b)" insert "(1)" and at the end 
of such subsection insert the following: 
"(2) The Secretary may by agreement with the Secretary of the 
Interior provide for interim management by the Department of the 
Interior, in accordance with the provisions of the Act of August 25, 
1916 (39 Stat. 535) (16 U.S.C. 1, 2-4) as amended and supplemented, 
of any portion or portions of the project which constitute a logically 
and efficiently administrable area. The Secretary is authorized to trans-
fer funds to the Department of the Interior for the costs of such 
interim management out of funds appropriated for the project."; 
(c) In subsection (c)(1), after the phrase "States of Kentucky 
and Tennessee or any political subdivisions thereof" insert the fol-
lowing: "which were in public ownership at the time of enactment 
of this section."; 
(d) At the end of subsection (e)(2)(A), strike the period and insert 
the following: "and except that motorboat access into the gorge area 
shall be permitted up to a point one-tenth of a mile downstream from 
Devil's Jumps; and except for the continued operation and mainte-
nance of the rail line currently operated and known as the K & T 
Kailroad. The Secretary shall acquire such interest in the K & T Kail-
road right-of-way by easement as he deems necessary to protect the 
scenic, esthetic, and recreational values of the gorge area and the 
adjacent areas."; 
(e) In subsection (e) (2) (C), strike the period at the end and insert 
the following: ", the road entering the gorge across from the mouth 
of Station Camp Creek."; and 
(f) In subsection (e) (2) (K), strike "$32,850,000" and insert in lieu 
thereof "$103,522,000". 
SEC. 185. The Secretary of the Army, acting through the Chief of 
Engineers, is directed to make a maximum effort to assure the full 
participation of members of minority groups, living in the States 
participating in the Tennessee-Tombigbee Waterway Development 
Authority, in the construction of the Tennessee-Tombigbee Waterway 
project, including actions to encourage the use, wherever possible, of 
minority owned firms. The Chief of Engineers is directed to report on 
July 1 of each year to the Congress on the implementation of this 
section, together with recommendation for any legislation that may be 
needed to assure the fuller and more equitable participation of mem-
bers of minority groups in this project or others under the direction 
of the Secretary. 
SEC. 186. The Act entitled "An Act to authorize construction of 
the Mississippi River-Gulf outlet", approved March 29, 1956 (70 Stat. 
65), is amended by inserting before the period at the end thereof a 
colon and the following: '•^And provided further, That such conditions 
of local cooperation shall not apply to the construction of bridges 
(at a cost not to exceed $71,500,000) required as a result of the con-
struction of the Mississippi River-Gulf outlet channel if the Secretary 
of the Army, after consultation with the Secretary of Transportation, 
determines prior to the construction of such bridges that the Federal 
Government will not assume the costs of such work in accordance 
with section 132(a) of the Federal-Aid Highway Act of 1976 (Public 
Law 91-280); and before construction of the bridges may be initiated 
the non-Federal public bodies involved shall agree pursuant to section 
221 of the Flood Control Act of 1970 (Public Law 91-611) to (a) 
Interim 
management. 
Transfer of funds. 
Tennessee-
Tombigbee 
Waterway project 
construction, 
minority groups 
participation. 
33 u s e 544c. 
Report to 
Congress. 
Ante, p. 441. 
42 use 
1962d-5b. 
89-194 O—78—pt. 2 
93 
90 STAT. 2942 
PUBLIC LAW 94-587—OCT. 22, 1976 
Red River 
Waterway, La., 
Tex., Ark., Okla. 
project 
modification. 
Appropriation 
authorization. 
Big Blue Lake, 
Kans., project 
modification. 
Appropriation 
authorization. 
hold and save the United States free from damages resultmg from 
construction of the bridges and their approaches, (b) provide without 
cost to the United States all lands, easements, and rights-of-way nec-
essary for the construction of the bridges and their approaches, and 
(c) maintain and operate the bridges and their approaches after 
construction is completed". 
SEC. 187. The project for navigation and bank stabilization in the 
Red River Waterway, Louisiana, Texas, Arkansas, and Oklahoma, 
authorized by the Rivers and Harbors Act of 1968 (82 Stat. 731) is 
hereby modified to provide that the non-Federal interests shall con-
tribute 25 per centum of the construction costs of retaining dikes, 
bulkheads, and embankments required for initial and subsequent dis-
posal of dredged material, and the Federal cost shall be 75 per centum 
(currently estimated at $3,700,000). The requirements for appropriate 
non-Federal interests to furnish an agreement to contribute 25 per 
centum of the construction cost set forth above 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, other appropriate political subdivisions of the State, 
and industrial concerns are participating in and in compliance with 
an approved plan for the general geographical area of the dredging 
activity for construction, modification, expansion, or rehabilitation of 
waste treatment facilities and the Administrator has found that 
applicable water quality standards are not being violated. 
SEC. 188. Notwithstanding any other provision of law, the Secretary 
of the Army, acting through the Chief of Engineers, at the request of 
the city of Williston, North Dakota, is authorized and directed to take 
such action as may be necessary to relocate certain water intakes, 
located on a pier of the Lewis and Clark Bridge on the Missouri River, 
threatened by siltation. There is authorized to be appropriated not to 
exceed $1,000,000 to carry out the provisions of this section. 
SEC. 189. (a) The project for Tuttle Creek Lake, Big Blue Lake, 
Kansas, authorized as a unit of the comprehensive plan for flood con-
trol and other purposes, Missouri River Basin, by the Flood Control 
Act approved June 28,1938, as modified, is hereby further modified to 
authorize and direct the Secretary of the Army, acting through the 
Chief of Engineers, to (1) provide a residential access road near 
Waterville, Kansas, from a point of intersection with FAS Route 431, 
located approximately 0.2 miles south of the northeast corner of sec-
tion 16, township 4 south, range 6 east, and extending in an east 
southeasterly direction to a point of intersection with the existing 
township road located near the center of section 14, township 4 south, 
range 6 east, and (2) to replace the existing Whiteside Bridge, located 
one mile northwest of Blue Rapids, Kansas, so as to obtain an eleva-
tion of 1128.0 mean sea level. 
(b) There is authorized to be appropriated not to exceed $630,000 
to carry out the purposes of this section. 
SEC. 190. (a) The Secretary of the Army, acting through the Chief 
of Engineers, is authorized to undertake the phase I design memoran-
dum stage of advanced engineering and design on the Days Creek 
unit of the project for flood control and other purposes on the Red 
River below Denison Dam, Texas, Arkansas, and Louisiana, substan-
tially in accordance with the report of the Board of Engineers for 
Rivers and Harbors at an estimated cost of $300,000. This shall take 
effect upon submittal to the Secretary of the Army by the Chief of 
PUBLIC LAW 94-587—OCT. 22, 1976 
90 STAT. 2943 
Engineers and notification to Congress of the approval of the Chief of 
Engineers. 
(b) The Secretary of the Army, acting through the Chief of Engi-
neers, is authorized to construct the project for flood control and other 
purposes on the Red River below Denison Dam, Texas, Arkansas and 
Louisiana, in accordance with the report of the Chief of Engineers 
dated August 3, 1976, at an estimated cost of $4,131,000. 
SEC. 191. The Secretary of the Army, acting through the Chief of 
Engineers, is authorized to undertake the non-structural flood pro-
tection project on Galveston Bay at Bay 
town, Texas, in accordance 
with the final report of the Chief of Engineers, at an estimated Fed-
eral cost of $15,680,000; and provided that non-Federal interests shall 
be required to pay 20 per centum of the project costs. 
SEC. 192. The project for flood protection and other purposes on 
the Deep Fork River in the vicinity of Arcadia, Oklahoma, author-
ized in section 201 of Public Law 91-611, is amended and reauthor-
ized so as to delete the benefits for water quality and to include 
benefits for water supply. 
SEC. 193. In order to assure an adequate supply of food to the 
Nation and to promote the economic vitality of the High Plains 
Region, the Secretary of Commerce (hereinafter referred to in this 
section as the "Secretary"), acting through the Economic Develop-
ment Administration, in cooperation with the Secretary of the Army, 
acting through the Chief of Engineers, and appropriate Federal, 
State, and local agencies, and the private sector, is authorized and 
directed to study the depletion of the natural resources of those 
regions of the States of Colorado, Kansas, New Mexico, Oklahoma, 
Texas, and Nebraska presently utilizing the declining water resources 
of the Ogallala acquifer, and to develop plans to increase water sup-
plies in the area and report thereon to Congress, together with any 
recommendations for further congressional action. In formulating 
these plans, the Secretary is directed to consider all past and ongoing 
studies, plans, and work on depleted water resources in the region, 
and to examine the feasibility of various alternatives to provide ade-
quate wMter supplies in the area including, but not limited to, the 
transfer of water from adjacent areas, such portion to be conducted 
by the Chief of Engineers to assure the continued economic growth 
and vitality of the region. The Secretary shall report on the costs of 
reasonably available options, the benefits of various options, and the 
costs of inaction. If water transfer is found to be a part of a reason-
able solution, the Secretary, as part of his study, shall include a rec-
ommended plan for allocating and distributing water in an equitable 
fashion, taking into account existing water rights and the needs for 
future growth of all affected areas. An interim report, with rec-
ommendations, shall be transmitted to the Congress no later than 
October 1, 1978, and a final report, with recommendations, shall be 
transmitted to Congress not later than July 1, 1980. A sum of 
$6,000,000 is authorized to be appropriated for the purposes of carry-
ing out this section. 
SEC. 194. The project for the Cochiti Reservoir in New Mexico as 
part of the project for the improvement of the Rio Grande Basin, 
authorized in the Flood Control Act of 1960 (74 Stat. 488), is mod-
ified in order to direct the Secretary of the Army, acting through the 
Chief of Engineers, to construct, for public recreation purposes, an 
access road from United States highway numbered 85 to such reser-
voir. There is authorized to be appropriated not to exceed $1,500,000 
to carry out the purposes of this section. 
Galveston Bay, 
Baytown, Tex., 
project. 
Deep Fork River, 
Arcadia, Okla., 
project. 
84 Stat. 1824. 
Study. 
Plans, report to 
Congress. 
42 use 
1962d-18. 
Report. 
Reports to 
Congress. 
Appropriation 
authorization. 
Cochiti 
Reservoir, N. 
Mex., project 
modification. 
Appropriation 
authorization. 
90 STAT. 2944 
PUBLIC LAW 94-587—OCT. 22, 1976 
Sante Fe, N. 
Mex., project 
construction. 
16 u s e 460/-12 
note. 
Lucky Peak 
Lake, Idaho, 
project 
modification. 
60 Stat. 641. 
33 u s e 1252. 
Days ereek Dam, 
South Umpqua 
River, Oreg. 
eook Inlet, 
Alaska, project 
modification. 
72 Stat. 297. 
Metlakatla and 
Annette Island, 
Alaska, study. 
88 Stat. 22. 
SEC. 195. (a) The Secretary of the Army, acting through the Chief 
of Engineers, is authorized to construct a project for local flood pro-
tection on the Santa Fe River and Arroyo Mascaras at and in the 
vicinity of Santa Fe, New Mexico, pursuant to the report of the Chief 
of Engineers dated June 29, 1976, for flood control and allied pur-
poses, at an estimated cost of $8,200,000: Provided, That the project 
shall not include construction of any impoundments east of the exist-
ing Nichols Dam: And provided further, That in any earth-moving 
operations in connection with the construction of such project, the 
sources of material, and the routes for transporting such materials to 
the construction sites shall be selected in a way that minimizes any 
adverse effect on normal transportation movements within the city 
of Santa Fe, New Mexico. 
(b) Notwithstanding any other provision of law, the project for 
Pine Mountain Lake on Lee Creek, Arkansas and Oklalioma, author-
ized by section 204 of the Flood Control Act of 1965 (79 Stat. 1073), 
shall be constructed, operated, and maintained in accordance with the 
Federal Watoi- Project Recreation Act, Public Law 89-72, as amended. 
SEC. 196. The project for Lucky Peak Lake, Idaho, authorized by 
the Flood Control Act of 1946, is hereby modified to authorize the 
Secretary of the Army, acting through the Chief of Engineers, to 
modify the outlet works in the Lucky Peak Dam at a Federal cost 
not to exceed $4,100,000, to assure maintenance of adequate flows along 
the Boise River: Provided, That provisions of section 102(b) of the 
Federal Water Pollution Control Amendments of 1972 (86 Stat. 816), 
shall apply to this modification. 
SEC. 197. Section 50 of the Water Resources Development Act of 
1974 (88 Stat. 12), is amended by striking out "$350,000" and inserting 
in lieu thereof "$380,000". 
SEC. 198. The sum of $250,000 is hereby authorized to complete the 
phase I design memorandum stage of advanced engineering and design 
of the Days Creek Dam, South Umpqua River, Oregon, authorized 
by section 1(a) of the Water Resources Development Act of 1974 (88 
Stat. 12). 
SEC. 199. The project for navigation improvements. Cook Inlet, 
Alaska (Anchorage Harbor, Alaska), authorized by the Rivers and 
Harbors Act of 1958, approved July 3, 1958, is hereby modified to 
provide that the Secretary of the Army, acting through the Chief of 
Engineers, is authorized to maintain a harbor bottom depth of —35.0 
feet MLLW, for a length of 3,000 feet at the existing Port of Anchor-
age ISLarine Facility, at an estimated annual cost of $150,000. 
SEC. 200. Section 35 of the Water Resources Development Act of 1974 
(Public Law 93-251) is amended as follows: 
(a) Inserting " (a)" after "SEC. 35"; 
(b) Inserting new subsection "(b)", as follows: 
"(b) The Secretary of the Army, acting through the Chief of 
Engineers, is authorized and directed to make a detailed study of such 
plans as he may deem feasible and appropriate for the removal and 
disposal of debris and obsolete buildings remaining as a result of mili-
tary construction during World War II, and subsequently, in the 
vicinity of Metlakatla and Annette Island in southeastern Alaska, at 
an estimated cost of $100,000. Such study shall include an analysis 
of appropriate measures to restore the area to its natural condition.". 
SEC. 201, (a) Section 204(b) of the Act of October 23, 1962 (76 
Stat. 1173, 1174), is amended by striking the period at the end of the 
second sentence and insert the following: ": Provided, That the Sec-
PUBLIC LAW 94-587—OCT. 22, 1976 
90 STAT. 2945 
Snettisham 
project, Juneau, 
Alaska, 
modification. 
76 Stat. 1173. 
retary of the Interior in determining reimbursable costs, shall not 
include the costs of replacing and relocating the original Salisbury 
Ridge section of the 138-kilovolt transmission line: Provided further^ 
That the Secretary of the Army, acting through the Chief of Engi-
neers, shall relocate such transmission lines, at an estimated cost of 
$5,641,000.". 
(b) The Crater-Long Lakes division of the Snettisham project near 
Juneau, Alaska, as authorized by section 204 of the Flood Control Act 
of 1962, is modified with respect to the reimbursement payments to the 
United States on such project in order to provide (1) that the repay-
ment period shall be sixty years, (2) that the first annual payment 
shall be 0.1 per centum of the total principal amount to be repaid, 
(3) thereafter annual payments shall be increased by 0.1 per centum 
of such total each year until the tenth year at which time the payment 
shall be 1 per centum of such total, and (4) subsequent annual pay-
ments for the remaining fifty years of the sixty-year repayment period 
shall be one-fiftieth of the balance remaining after the tenth annual 
payment (including interest over such sixty-year period). 
SEC. 202. (a) The Congress finds that drift and debris on or in pub- 33 U
S
C 426m. 
licly maintained commercial boat harbors and the land and water areas 
immediately adjacent thereto threaten navigational safety, public 
health, recreation, and the harborfront environment. 
(b) (1) The Secretary of the Army, acting through the Chief of En-
gineers, shall be responsible for developing projects for the collection 
and removal of drift and debris from publicly maintained commercial 
boat harbors and from land and water areas immediately adjacent 
thereto. 
(2) The Secretary of the Army, acting through the Chief of Engi-
neers is authorized to undertake projects developed under paragraph 
(1) of this subsection without specific congressional approval when 
the total Federal cost for the project is less than $400,000. 
(c) The Federal share of the cost of any project developed pursuant 
to subsection (b) of this section shall be two-thirds of the cost of the 
project. The remainder of such costs shall be paid by the State, 
municipality, or other political subdivision in which the project is 
to be located, except that any costs associated with the collections and 
removal of drift and debris from federally owned lands shall be borne 
by the Federal Government. Non-Federal interests in future project 
development under subsection (b) of this section shall be required to 
recover the full cost of drift or debris removal from any identified 
owner of piers or other potential sources of drift or debris, or to repair 
such sources so that they no longer create a potential source of drift or 
debris. 
(d) Any State, municipality, or other political subdivision where 
any project developed pursuant to subsection (b) of this section is 
located shall provide all lands, easements, and right-of-way necessary 
for the project, including suitable access and disposal areas, and shall 
agree to maintain such projects and hold and save the United States 
free from any damages which may result from the non-Federal 
sponsor's performance of, or failure to perform, any of its required 
responsibilities of cooperation for the project. Non-Fededal interest 
shall agree to regulate any project area following project completion 
so that such area will not become a future source of drift and debris. 
The Chief of Engineers shall provide technical advice to non-Federal 
interests on the implementation of this subsection. 
90 STAT. 2946 
PUBLIC LAW 94-587—OCT. 22, 1976 
'Drift.' 
'Debris. 
Appropriation 
authorization. 
Alaska 
Hydroelectric 
Power 
Development Act. 
42 use 
1962d-14a. 
Alaska 
Hydroelectric 
Power 
Development 
Fund. 
Establishment. 
Appropriation 
authorization. 
Investments. 
(e) For the purposes of this section— 
. . . 
(1) the term "drift" includes any buoyant material that, when 
floating in the navigable waters of the United States, may cause 
damage to a commercial or recreational vessel; and 
(2) the term "debris" includes any abandoned or dilapidated 
structure or any sunken vessel or other object that can reasonably 
be expected to collapse or otherwise enter the navigable waters of 
the United States as drift within a reasonable period. 
(f) There is authorized to be appropriated to carry out this section 
not to exceed $4,000,000 per fiscal year for fiscal years 1978 and 1979. 
SEC. 203. (a) (1) The Congress finds that the expeditious develop-
ment of hydroelectric power generating facilities in Alaska that are 
environmentally sound to assist the Nation in meeting existing and 
future energy demands is in the national interest. 
(2) The Congress therefore declares that the expertise of the Chief 
of Engineers can and should be utilized for the benefit of local public 
bodies in the development of projects which yield 90 per centum or 
more of the benefits of the project are attributable to hydroelectric 
power generation when the project is fully operational. 
(b) To meet the goals of this section, there is hereby established in 
the Treasury of the United States an Alaska Hydroelectric Power 
Development Fund (hereafter referred to as the "fund") to be and 
remain available for use by the Secretary of the Army (hereinafter 
referred to as the "Secretary") to make expenditures authorized by 
this section. The fund shall consist of (1) all receipts and collections 
by the Secretary of repayments in accordance with subsection (e) of 
this section and payments by non-Federal public authorities to the 
Secretary to finance the cost of construction of projects in accord-
ance with subsection (f) of this section, and which the Secretary is 
hereby directed to deposit in the fund as they are received, and (2) 
any appropriations made by the Congress to the fund. 
(c) There is authorized to be appropriated to the Secretary for 
deposit in the fund established by subsection (b) of this section the 
sum of $25,000,000. 
(d) (1) If the Secretary determines that moneys in the fund are in 
excess of current needs, he may request the investment of such amounts 
as he deems advisable by the Secretary of the Treasury in direct, gen-
eral obligations of, or obligations guaranteed as to both principal and 
interest by, the United States. 
(2) With the apjiroval of the Secretary of the Treasury, the 
Secretary may deposit moneys of the fund in any Federal Reserve 
bank or other depository for funds of the United States, or in such 
other banks and financial institutions and under such terms and condi-
tions as the Secretary and the Secretary of the Treasury may mutually 
agree. 
(e) The Secretary is authorized to make expenditures from the fund 
for the phase I design memorandum stage of advanced engineering 
and design for any project in Alaska that meets the requirements or 
subsection (a) (2) of this section, if appropriate non-Federal public 
authorities, approved by the Secretary, agree with the Secretary, 
in writing, to repay the Secretary for all the separable and joint costs 
of preparing such design memorandum, if such report is favorable. 
Following the completion of the phase I design memorandum stage of 
advanced engineering and design under this subsection, the Secretary 
shall not transmit any favorable report to Congress prior to being 
repaid in full by the appropriate non-Federal public authorities for 
the costs incurred during such phase I. The Secretary is also auth<M:-
PUBLIC LAW 94-587—OCT. 22, 1976 
90 STAT. 2947 
Agreement, 
submittal to 
congressional 
committees. 
ized to make expenditures from non-Federal funds deposited in the 
fund as an advance against construction costs. 
(f) In connection with water resources development projects which 
meet the criteria established by subsection (a) (2) of this section and 
which are to be constructed by the Secretary, acting through the 
Chief of Engineers, in accordance with an authorization by Congress 
and a contract between the non-Federal public authorities and the 
Secretary, pursuant to subsection (g) (1) of this section occurring on 
or subsequent to the date of enactment of this Act, the Secretary, 
acting through the Chief of Engineers, is authorized to construct 
such projects including activities for engineering and design land 
acquisition, site development, and off-site improvements necessary 
for the authorized construction by making expenditures from (1) 
the Fund established in subsection (b), of this section of funds 
deposited by non-Federal public authorities as payments for construc-
tion and (2) payments of non-Federal public authorities held by 
the Secretary as payment of construction costs for a project authorized 
by this section. 
(g)(1) Prior to initiating any construction work under the 
authorities of this section, the Secretary and the appropriate non-
Federal public authorities shall agree in writing, and submit such 
agreement to the Committees on Public Works and Appropriations 
of the Senate and House of Representatives for review and reporting 
to the Congress for its consideration and approval that the appro-
priate non-Federal public authorities will pay the full anticipated 
costs of constructing the project at the time such costs are incurred, 
together with normal contingencies and related administrative 
expenses of the Secretary, and such payments shall be deposited in the 
fund or held by the Secretary for payment of obligations incurred 
by the Secretary on an authorized project under this section. The 
agreement shall provide for an initial determination of feasibility 
and compliance by the project with law. The total non-Federal obli-
gation shall be paid on or prior to the date the Chief of Engineers 
has estimated by agreement, that the project concerned will be avail-
able for actual generation of all or a substantial portion of the 
authorized hydroelectric power of the project. 
(2) In consideration of the obligations to be assumed by non-
Federal public authorities under the provisions of this section and 
in recognition of the substantial investments which will be made by 
these authorities in reliance on the program established by this section, 
the United States shall assume the responsibility for paying for all 
costs over those fixed in the agreement with the non-Federal public 
authorities, if such costs are occasioned by acts of God, failure on the 
part of the Secretary, acting through the Chief of Engineers, to 
adhere to the agreed schedule of work or a failure of design: 
Provided^ That payments by the Secretary of such costs shall be 
subject to appropriations acts. 
(h) Thfe Secretary is authorized and directed, pursuant to the Conveyance 
agreement, to convey all title, rights, and interests of the United 
States to any project, its lands and water areas, and appurtenant 
facilities to the non-Federal public authorities which have agreed 
to assume ownership of the project and responsibility for its per-
formance, operation, and maintenance, as well as necessary replace-
ments in accordance with this section upon full payment by such 
non-Federal public authorities as required under subsection (g)(1) 
of this section. Such conveyance shall, pursuant to the agreement 
90 STAT. 2948 
PUBLIC LAW 94-587—OCT. 22, 1976 
required by subsection (g) of this section, to the maximum extent 
possible, occur immediately upon the project's availability for gen-
eration of all or a substantial portion of the authorized hydroelectric 
power of the project, and shall include such Federal requirements, 
reservations, and provisions for access rights to the project and its 
records as the Secretary finds advisable to complete any portion of 
project construction remaining at the time of conveyance and to 
assure that the project will be operated and maintained in a respon-
sible and safe manner to accomplish, as nearly as may be possible, 
all of the authorized purposes of the project including, but not 
restricted to, hydroelectric power generation. 
Citation of 
(i) This section shall be cited as the "Alaska Hydroelectric Power 
section. 
Development Act". 
SEC. 204. No funds specifically authorized for any project in this 
Act will be available for expenditure prior to fiscal year 1978. 
Short title. 
SEC. 205. This Act may be cited as the "Water Resoui'ces Develop-
ment Act of 1976". 
Approved October 22, 1976. 
LEGISLATIVE HISTORY: 
HOUSE REPORTS: No. 94-1702 accompanying H.R. 15636 (Comm. on Public Works 
and Transportation) and No. 94-1755 (Comm. of Conference). 
SENATE REPORT No. 94-1255 (Comm. on Public Works). 
CONGRESSIONAL RECORD, Vol. 122 (1976): 
Sept. 28, considered and passed Senate. 
Sept. 29, considered and passed House, amended, in lieu of H.R. 15636. 
Oct. 1, House and Senate agreed to conference report.