[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2233 Introduced in Senate (IS)]

103d CONGRESS
  2d Session
                                S. 2233

 To provide for the conservation and development of water and related 
resources, to authorize the Secretary of the Army to construct various 
 projects for improvements to rivers and harbors of the United States, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                June 23 (legislative day, June 7), 1994

 Mr. Baucus (by request) introduced the following bill; which was read 
  twice and referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
 To provide for the conservation and development of water and related 
resources, to authorize the Secretary of the Army to construct various 
 projects for improvements to rivers and harbors of the United States, 
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SEC. 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Water Resources 
Development Act of 1994''.
    (b) Table of Contents.--

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Project authorizations.
Sec. 4. Project modifications.
Sec. 5. Cost-sharing of environmental projects.
Sec. 6. Recovery of costs for clean up of hazardous or toxic 
                            substances.
Sec. 7. Collaborative research and development.
Sec. 8. National inventory of dams.
Sec. 9. Hydroelectric power project uprating.
Sec. 10. Engineering and environmental innovations of national 
                            significance.
Sec. 11. Federal lump-sum payments for federal operation and 
                            maintenance costs.
Sec. 12. Cost-sharing for removal of existing project features.
Sec. 13. Technical advisory committee.
Sec. 14. Technical corrections.
Sec. 15. Project deauthorizations.
Sec. 16. Contract goals for small disadvantaged business concerns and 
                            historically black colleges and 
                            universities or minority institutions.
Sec. 17. Cost-sharing for dam safety work.
Sec. 18. Revocation of section 211, River and Harbor Act of 1950.
Sec. 19. Research and development in support of Army Civil Works 
                            Program.
Sec. 20. Interagency and international support authority.
Sec. 21. Expansion of section 1135 program.
Sec. 22. Regulatory program fund.

SEC. 2. DEFINITIONS.

    For purposes of this Act, the term ``Secretary'' means the 
Secretary of the Army.

SEC. 3. PROJECT AUTHORIZATIONS.

    [RESERVED]

SEC. 4. PROJECT MODIFICATIONS.

    [RESERVED]

SEC. 5. COST-SHARING OF ENVIRONMENTAL PROJECTS.

    Section 103(c) of the Water Resources Development Act of 1986 (100 
Stat. 4085) is amended by adding the following new subsection:
            ``(7) environmental protection and restoration: 25 
        percent.''.

SEC. 6. RECOVERY OF COSTS FOR CLEAN UP OF HAZARDOUS OR TOXIC 
              SUBSTANCES.

    Amounts recovered under section 107 of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9607) for any response action taken by the Secretary in support 
of the Army Civil Works Program shall be credited to the appropriate 
trust fund account from which the cost of such response action has been 
paid or will be charged.

SEC. 7. COLLABORATIVE RESEARCH AND DEVELOPMENT.

    Section 7 of the Water Resources Development Act of 1988 (102 Stat. 
4022) is amended by--
            (1) redesignating subsections (b), (c) and (d) as 
        paragraphs (1), (2) and (3);
            (2) deleting subsection (e); and,
            (3) adding the following new subsection:
    ``(b) Pre-agreement Temporary Protection of Technology.--If the 
Secretary determines that information developed as a result of research 
and development activities conducted by the Corps of Engineers is 
likely to be subject to a cooperative research and development 
agreement within 2 years of its development and that such information 
would be a trade secret or commercial or financial information that 
would be privileged or confidential if the information had been 
obtained from a non-Federal party participating in a cooperative 
research and development agreement under section 12 of the Stevenson-
Wydler Technology Innovation Act of 1980, the Secretary may provide 
appropriate protection against the dissemination of such information, 
including exemption from subchapter II of chapter 5 of title 5, United 
States Code, until the earlier of the date the Secretary enters into 
such an agreement with respect to such information or the last day of 
the 2-year period beginning on the date of such determination. Any 
information covered by this subsection which becomes the subject of a 
cooperative research and development agreement shall be accorded the 
protection provided under 15 U.S.C. 3710a(c)(7)(B) as if such 
information had been developed under a cooperative research and 
development agreement.''.

SEC. 8. NATIONAL INVENTORY OF DAMS.

    Section 13 of Public Law 92-367, 33 U.S.C. 467l, is amended by 
striking the second sentence in its entirety and replacing it with the 
following: ``There is authorized to be appropriated up to $500,000 each 
fiscal year for the purpose of carrying out this section.''.

SEC. 9. HYDROELECTRIC POWER PROJECT UPRATING.

    (a) In accomplishing the maintenance, rehabilitation, and 
modernization of hydroelectric power generating facilities at water 
resources projects under the justification of the Department of the 
Army, the Secretary is authorized to increase the efficiency of energy 
production and the capacity of these facilities if, after consulting 
with other appropriate Federal and State agencies, the Secretary 
determines that such uprating--
            (1) is economically justified and financially feasible;
            (2) will not result in significant adverse effects on the 
        other purposes for which the project is authorized;
            (3) will not result in significant adverse environmental 
        impacts; and
            (4) will not involve major structural or operation changes 
        in the project.
    (b) This section does not affect the authority of the Secretary and 
the Administrator of the Bonneville Power Administration under section 
2406 of the Energy Policy Act of 1992 (16 U.S.C. 839d-1).

SEC. 10. ENGINEERING AND ENVIRONMENTAL INNOVATIONS OF NATIONAL 
              SIGNIFICANCE.

    To encourage innovative and environmentally sound engineering 
solutions and innovative environmental solutions to problems of 
national significance, the Secretary may undertake surveys, plans, and 
studies and prepare reports which may lead to work under existing civil 
works authorities or to recommendations for authorizations. There is 
authorized to be appropriated up to $3,000,000 each fiscal year for the 
purpose of carrying out this section. The Secretary may also accept and 
expend additional funds from other Federal agencies, States, or non-
Federal entities for purposes of carrying out this section.

SEC. 11. FEDERAL LUMP-SUM PAYMENTS FOR FEDERAL OPERATION AND 
              MAINTENANCE COSTS.

    (a) At a water resources project where the non-Federal interest is 
responsible for performing the operation, maintenance, replacement, and 
rehabilitation of the project and the Federal Government is responsible 
for paying a portion of the operation, maintenance, replacement, and 
rehabilitation costs, the Secretary may provide, under terms and 
conditions acceptable to the Secretary, a payment of the estimated 
total Federal share of such costs to the non-Federal interest after 
completion of construction of the project or a separable element 
thereof.
    (b) The amount to be paid shall be equal to the present value of 
the Federal payments over the life of the project, as estimated by the 
Government, and shall be computed using an interest rate determined by 
the Secretary of the Treasury taking into consideration current market 
yields on outstanding marketable obligations of the United States with 
maturities comparable to the remaining life of the project.
    (c) The Secretary may make a payment under this section only if the 
non-Federal interest has entered into a binding agreement with the 
Secretary to perform the operation, maintenance, replacement, and 
rehabilitation of the project or separable element. The agreement must 
be in accordance with the requirements of section 221 of the Flood 
Control Act of 1970 (84 Stat. 1818), and must contain provisions 
specifying the terms and conditions under which a payment may be made 
under this section and the rights of, and remedies available to, the 
Federal Government to recover all or a portion of a payment made under 
this section in the event the non-Federal interest suspends or 
terminates its performance of operation, maintenance, replacement, and 
rehabilitation of the project or separable element, or fails to perform 
such activities in a manner satisfactory to the Secretary.
    (d) Except as provided in subsection (c), a payment provided to the 
non-Federal interest under this section shall relieve the Government of 
any future obligations for paying any of the operation, maintenance, 
replacement, and rehabilitation costs for the project or separable 
element.

SEC. 12. COST-SHARING FOR REMOVAL OF EXISTING PROJECT FEATURES.

    After the date of enactment of this Act, any proposal submitted to 
the Congress by the Secretary for modification of an existing 
authorized water resources development project by removal of one or 
more of the project features which would significantly and adversely 
impact the authorized project purposes or outputs shall include the 
recommendation that the non-Federal sponsor shall bear 50 percent of 
the cost of any such modification, including the costs of acquiring any 
additional interests in lands which become necessary for accomplishing 
the modification.

SEC. 13. TECHNICAL ADVISORY COMMITTEE.

    The Technical Advisory Committee established pursuant to section 
310(a) of Public Law 101-640 shall no longer exist after the date of 
enactment of this Act.

SEC. 14. TECHNICAL CORRECTIONS.

    (a) Section 203(b) of the Water Resources Development Act of 1992 
(106 Stat. 4826) is amended by striking out ``(8662)'' and inserting in 
lieu thereof ``(8862)''.
    (b) Section 225(c) of the Water Resources Development Act of 1992 
(106 Stat. 4838) is amended by striking out ``(8662)'' in the second 
sentence and inserting in lieu thereof ``(8862)''.

SEC. 15. PROJECT DEAUTHORIZATIONS.

    (a) Section 1001 of the Water Resources Development Act of 1986 as 
amended (33 U.S.C. 579a) is further amended by--
            (1) striking ``10'' where it appears in the first sentence 
        of paragraph (2) of subsection (b) and replacing it with ``5'';
            (2) striking the word ``Before'' at the beginning of the 
        second sentence of paragraph (2) of subsection (b) and 
        replacing it with the words ``Upon official''; and
            (3) inserting the words ``planning, designing, or'' 
        immediately before the word ``construction'' in the last 
        sentence of paragraph (2) of subsection (b).
    (b) Section 52(a) of the Water Resources Development Act of 1988 
(102 Stat. 4044) is repealed.

SEC. 16. CONTRACT GOALS FOR SMALL DISADVANTAGED BUSINESS CONCERNS AND 
              HISTORICALLY BLACK COLLEGES AND UNIVERSITIES OR MINORITY 
              INSTITUTIONS.

    (a) Goal.--Except as provided in subsection (c), the Secretary 
shall establish a goal of 5 percent of the total amount of civil works 
funds obligated for contracts and subcontracts entered into by the 
Department of the Army for fiscal years 1994 through 2000 for award to 
small business concerns owned and controlled by socially and 
economically disadvantaged individuals (as such term is used in section 
8(d) of the Small Business Act (15 U.S.C. 637(d)) and regulations under 
that section), the majority of the earnings of which directly accrue to 
such individuals, and to historically Black colleges and universities 
or minority institutions (as defined in paragraphs (3), (4), and (5) of 
section 312(b) of the Higher Education Act of 1965 (20 U.S.C. 1058)).
    (b) Competitive Procedure.--To the extent practicable and when 
necessary to facilitate achievement of the 5 percent goal in subsection 
(a)--
            (1) the Secretary is authorized to enter into contracts 
        using less than full and open competitive procedures, but shall 
        pay a price not exceeding the fair market cost by more than 10 
        percent in payment per contract to contractors or 
        subcontractors of contracts described in subsection (a); and
            (2) the Secretary shall maximize the number of small 
        disadvantaged business concerns, historically Black colleges 
        and universities, and minority institutions participating in 
        the program.
    (c) Exception.--The Secretary shall adjust the percentage specified 
in subsection (b)(1) of this section for any industry category if 
available information clearly indicates that nondisadvantaged small 
business concerns in such industry category are generally being denied 
a reasonable opportunity to compete for contracts because of the use of 
that percentage.
    (d) Nonapplicability.--Subsection (a) does not apply if--
            (1) the Secretary determines that the existence of a 
        national emergency requires otherwise; and
            (2) the Secretary notifies the Congress of such 
        determination and the reasons therefor.

SEC. 17. COST-SHARING FOR DAM SAFETY WORK.

    Section 1203(a)(1) of the Water Resources Development Act of 1986 
is amended by inserting the following language immediately after the 
first sentence: ``Where cost sharing was not based on a cost 
allocation, 15 percent of the modification costs shall be assigned 
among project purposes in the same manner as costs were originally 
assigned, as determined by the Secretary.''.

SEC. 18. REVOCATION OF SECTION 211, RIVER AND HARBOR ACT OF 1950.

    Section 211 of the River and Harbor Act of 1950, Public Law 516, 
81st Congress, is hereby repealed.

SEC. 19. RESEARCH AND DEVELOPMENT IN SUPPORT OF ARMY CIVIL WORKERS 
              PROGRAM.

    (a) In carrying out research and development in support of the 
Civil Works program of the Department of the Army, the Secretary may 
utilize contracts, cooperative research and development agreements, 
cooperative agreements, and grants with non-Federal entities, including 
State and local governments, colleges and universities, consortia, 
professional and technical societies, public and private scientific and 
technical foundations, research institutions, educational 
organizations, and non-profit organizations.
    (b) With respect to contracts for research and development, the 
Secretary may include requirements that have potential commercial 
application and may also use such potential application as an 
evaluation factor where appropriate.

SEC. 20. INTERAGENCY AND INTERNATIONAL SUPPORT AUTHORITY.

    The Secretary may engage in activities in support of other Federal 
agencies or international organizations on problems of national 
significance to the United States. The Secretary may engage in 
activities in support of international organizations only after 
consulting with the Department of State. The Secretary may apply the 
technical and managerial expertise of the Army Corps of Engineers to 
domestic and international problems related to water resources, 
infrastructure development and environmental protection. There is 
authorized to be appropriated up to $3,000,000 each fiscal year for the 
purpose of carrying out this section. The Secretary may also accept and 
expend additional funds from other Federal agencies or international 
organizations for purposes of carrying out this section.

SEC. 21. EXPANSION OF SECTION 1135 PROGRAM.

    Section 1135 of the Water Resources Development Act of 1986 (33 
U.S.C. 2309a) is amended by--
            (1) striking the period at the end of subsection (a) and 
        inserting the following: ``and to determine if the operation of 
        such projects has contributed to the degradation of the quality 
        of the environment.'';
            (2) striking the last two sentences of subsection (b); and,
            (3) redesignating subsections (c), (d), and (e) as (e), 
        (f), and (g) and inserting the following new subsections:
    ``(c) If the Secretary determines that operation of a water 
resources project has contributed to the degradation of the quality of 
the environment, the Secretary may also undertake measures for 
restoration of environmental quality, provided such measures are 
feasible and consistent with the authorized project purposes.
    ``(d) The non-Federal share of the cost of any modifications or 
measures carried out or undertaken pursuant to subsections (b) or (c) 
of this section shall be 25 percent. No more than $5,000,000 in Federal 
funds may be expended on any single modification or measure carried out 
or undertaken pursuant to this section.''.

SEC. 22. REGULATORY PROGRAM FUND.

    (a) There is hereby established in the Treasury of the United 
States the ``Army Civil Works Regulatory Program Fund'' (hereafter 
referred to as the ``Regulatory Program Fund'') into which shall be 
deposited fees collected by the Secretary of the Army pursuant to 
paragraph (b) of this section. Amounts deposited into the Regulatory 
Program Fund are authorized to be appropriated to the Secretary of the 
Army to cover a portion of the expenses incurred by the Department of 
the Army in administering laws pertaining to the regulation of the 
navigable waters of the United States as well as wetlands.
    (b) Regulatory Fees.--(1) To the extent provided for in 
appropriation Acts, the Secretary of the Army shall establish and 
collect fees for the evaluation of commercial permit applications; for 
the recovery of costs associated with the preparation of Environmental 
Impact Statements required by the National Environmental Policy Act of 
1969; and for the recovery of costs associated with wetlands 
delineations for major developments affecting wetlands. Amounts 
collected pursuant to this paragraph shall be deposited into the 
Regulatory Program Fund established by paragraph (a) of this section.
    (2) The fees described in paragraph (1) of this subsection shall be 
established by the Secretary of the Army at rates that will allow for 
the recovery of receipts at amounts as provided for in appropriation 
Acts.

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