[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3563 Introduced in House (IH)]







104th CONGRESS
  2d Session
                                H. R. 3563

 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 HOUSE OF REPRESENTATIVES

                              June 4, 1996

Mr. Shuster (for himself and Mr. Oberstar) (both by request) introduced 
      the following bill; which was referred to the Committee on 
                   Transportation and Infrastructure

_______________________________________________________________________

                                 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,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Water Resources 
Development Act of 1996''.
    (b) Table of Contents.--

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Project authorizations.
Sec. 4. Project modifications.
Sec. 5. Expansion of section 1135 program.
Sec. 6. Ecosystem restoration.
Sec. 7. Planning assistance to States.
Sec. 8. Regulatory Program Fund.
Sec. 9. Recovery of costs for clean up of hazardous substances.
Sec. 10. Engineering and environmental innovations of national 
                            significance.
Sec. 11. Cost-sharing of environmental projects.
Sec. 12. Federal lump-sum payments for Federal operation and 
                            maintenance costs.
Sec. 13. Selection of and cost-sharing for dredged material disposal 
                            facilities.
Sec. 14. Waiver of uneconomical cost-sharing requirements.
Sec. 15. Buford Trenton Irrigation District.
Sec. 16. City of North Bonneville, Washington.
Sec. 17. Collaborative research and development.
Sec. 18. Research and development in support of Army civil works 
                            program.
Sec. 19. National inventory of dams.
Sec. 20. Teton County, Wyoming.
Sec. 21. Interagency and international support authority.
Sec. 22. Project deauthorizations.
Sec. 23. Flood Insurance Interagency Task Force.
Sec. 24. State and Federal agency review period.
Sec. 25. Recreation user fee revenues.
Sec. 26. Technical Advisory Committee.
Sec. 27. Revocation of section 211, River and Harbor Act of 1950.
Sec. 28. Technical corrections.
Sec. 29. Discontinuance of maintenance of low-use ports.
Sec. 30. Structural flood control cost-sharing and floodplain 
                            management requirements.
Sec. 31. Study authorities.
Sec. 32. Montgomery Point Lock and Dam.
Sec. 33. Lease authority.
Sec. 34. Section 215 reimbursement limitation per project.
Sec. 35. Poplar Island, Maryland.
Sec. 36. Removal of study prohibitions .

SEC. 2. DEFINITIONS.

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

SEC. 3. PROJECT AUTHORIZATIONS.

    The following projects for water resources development and 
conservation and other purposes are authorized to be carried out by the 
Secretary substantially in accordance with the plans, and subject to 
the conditions, recommended in the respective reports designated in 
this section:
            (1) Humboldt harbor and bay, california.--The project for 
        navigation, Humboldt Harbor and Bay, California: Report of the 
        Chief of Engineers, dated October 30, 1995, at a total cost of 
        $15,180,000, with an estimated Federal share of $10,116,000 and 
        an estimated non-Federal share of $5,064,000.
            (2) San lorenzo river, california.--The project for flood 
        damage reduction, San Lorenzo River, California: Report of the 
        Chief of Engineers, dated June 30, 1994, at a total cost of 
        $16,900,000, with an estimated Federal cost of $8,450,000 and 
        an estimated non-Federal costs of $8,450,000.
            (3) Palm valley bridge replacement, st. johns county, 
        florida.--The project for navigation, Palm Valley Bridge, 
        County Road 210, over the Atlantic Intracoastal Waterway in St. 
        Johns County, Florida: Report of the Chief of Engineers, dated 
        June 24, 1994, at a total Federal cost of $15,881,000, provided 
        that St. Johns County enters into a written agreement in which 
        it agrees to assume full ownership of the replacement bridge 
        after construction and responsibility for operation, 
        maintenance, repair, replacement, and rehabilitation of the 
        replacement bridge.
            (4) Illinois shoreline storm damage reduction, wilmette to 
        illinois and indiana state line, illinois.--The project for 
        lake level flooding and storm damage reduction, extending from 
        Wilmette, Illinois, to the Illinois and Indiana State line: 
        Report of the Chief of Engineers, dated April 14, 1994, at a 
        total cost of $204,000,000, with an estimated Federal cost of 
        $110,000,000, and an estimated non-Federal cost of $94,000,000. 
        The Secretary shall reimburse the project sponsor for the 
        Federal share of any costs the project sponsor incurrs in 
        constructing the breakwater near the South Water Filtration 
        Plant, in Chicago, Illinois.
            (5) Pond creek, kentucky.--The project for flood damage 
        reduction, Pond Creek, Kentucky: Report of the Chief of 
        Engineers, dated June 28, 1994, at a total cost of $16,080,000, 
        with an estimated Federal cost of $8,040,000 and an estimated 
        non-Federal cost of $8,040,000.
            (6) Wolf creek hydropower, cumberland river, kentucky.--The 
        project for hydropower, Wolf Creek Dam and Lake Cumberland, 
        Kentucky: Report of the Chief of Engineers, dated June 
28, 1994, at a total cost of $53,763,000. The non-Federal share of 
project costs shall be 100%, in accordance with section 103(c) of the 
Water Resources Development Act of 1986. Funds derived by the Tennessee 
Valley Authority from its power program and funds derived from any 
private or public entity designated by the Southeastern Power 
Administration may be used to pay for all or a part of the non-Federal 
project cost requirements.
            (7) Wood river, grand island, nebraska.--The project for 
        flood damage reduction, Wood River, Grand Island, Nebraska: 
        Report of the Chief of Engineers, dated May 3, 1994, at a total 
        cost of $11,800,000, with an estimated Federal cost of 
        $5,900,000 and an estimated non-Federal cost of $5,900,000.
            (8) Wilmington harbor, north carolina.--The project for 
        navigation, Wilmington Harbor, Cape Fear - Northeast Cape Fear 
        Rivers, North Carolina: Report of the Chief of Engineers, dated 
        June 24, 1994, at a total cost of $23,953,000, with an 
        estimated Federal cost of $15,032,000 and an estimated non-
        Federal cost of $8,921,000.
            (9) Duck creek, ohio.--The project for flood damage 
        reduction, Duck Creek, Ohio: Report of the Chief of Engineers, 
        dated June 28, 1994, at a total cost of $15,947,000, with an 
        estimated Federal share of $7,973,500 and an estimated non-
        Federal share of $7,973,500.
            (10) Rio grande de arecibo, puerto rico.--The project for 
        flood damage reduction, Rio Grande de Arecibo, Puerto Rico: 
        Report of the Chief of Engineers dated April 5, 1994, at a 
        total cost of $19,951,000, with an estimated Federal share of 
        $9,975,500 and an estimated non-Federal share of $9,975,500.
            (11) Big sioux river, sioux falls, south dakota.--The 
        project for flood damage reduction, Big Sioux River, Sioux 
        Falls, South Dakota: Report of the Chief of Engineers dated 
        June 30, 1994, at a total cost of $34,600,000, with an 
        estimated Federal share of $17,300,000 and an estimated non-
        Federal share of $17,300,000.
            (12) Marmet lock replacement, west virginia.-- The project 
        for navigation, Marmet Lock Replacement, Marmet Lock and Dam, 
        Kanawha River, West Virginia: Report of the Chief of Engineers, 
        dated June 24, 1994, at a total cost of $229,581,000. Of the 
        total cost, one-half is to be paid from amounts appropriated 
        from the general fund of the Treasury and one-half is to be 
        paid from amounts appropriated from the Inland Waterways Trust 
        Fund.
            (13) American river watershed, california.--The project for 
        flood damage reduction, American and Sacramento Rivers, 
        California: Supplemental Information Report for the American 
        River Watershed Project, California, dated March 1996, at a 
        total cost of $57,300,000, with an estimated Federal cost of 
        $28,650,000 and an estimated non-Federal cost of $28,650,000, 
        consisting of approximately 24 miles of slurry wall in the 
        existing levees along the lower American River; approximately 
        12 miles of levee modifications along the east bank of the 
        Sacramento River downstream from the Natomas Cross Canal; 3 
        telemeter streamflow gages upstream from the Folsom Reservoir; 
        and modifications to the existing flood warning system along 
        the lower American River. The non-Federal project sponsor shall 
        receive credit toward the non-Federal share of project costs 
        for expenses it has incurred for design or construction of any 
        of the features authorized pursuant to this paragraph prior to 
        the time Federal funds are appropriated for construction of the 
        project. The amount of the credit shall be determined by the 
Secretary. The Secretary of the Interior shall continue to operate the 
Folsom Dam and Reservoir to the variable 400,000/670,000 acre-feet of 
flood control storage capacity as an interim measure and extend the 
agreement between the Bureau of Reclamation and the Sacramento Area 
Flood Control Agency until such time as a comprehensive flood control 
plan for the American River Watershed has been implemented. The non-
Federal project sponsor shall be responsible for all operation, 
maintenance, repair, replacement, and rehabilitation costs associated 
with the improvements undertaken pursuant to this paragraph, as well as 
costs for the variable flood control operation of the Folsom Dam and 
Reservoir.

SEC. 4. PROJECT MODIFICATIONS.

    (a) Central and Southern Florida: Canal C-111.--The project for 
Central and Southern Florida, authorized by section 203 of the Flood 
Control Act of 1968 (Public Law 90-483), is modified to authorize the 
Secretary to implement the recommended plan of improvement contained in 
the District Engineer's Report entitled ``Central and Southern Florida 
Project, Final Integrated General Reevaluation Report and Environmental 
Impact Statement, Canal 111 (C-111), South Dade County, Florida'', 
dated May 1994, including acquisition of such portions of the Frog Pond 
and Rocky Glades areas as are needed for the project. The Federal share 
of the cost of implementing the plan of improvement shall be 50 
percent. The Department of the Interior shall pay 25 percent of the 
cost of acquiring such portions of the Frog Pond and Rocky Glades areas 
as are needed for the project, which amount shall be included in the 
Federal share. The non-Federal share of operation and maintenance costs 
of the improvements undertaken pursuant to this subsection shall be 100 
percent; except that the Federal Government shall reimburse the non-
Federal project sponsor 60 percent of the costs of operating and 
maintaining pump stations that pump water into Taylor Slough in 
Everglades National Park.
    (b) Central and Southern Florida: Canal C-51.--The project for 
flood protection of West Palm Beach, Florida (C-51), authorized by 
section 203 of the Flood Control Act of 1962 (Public Law 87-874), is 
modified to provide for construction of an enlarged stormwater 
detention area, Storm Water Treatment Area 1 East, generally in 
accordance with the plan of improvements described in the February 15, 
1994, report entitled ``Everglades Protection Project, Palm Beach 
County, Florida, Conceptual Design'', prepared by Burns and McDonnell, 
and as further described in detailed design documents to be approved by 
the Secretary. The additional work authorized by this subsection shall 
be accomplished at complete Federal expense in recognition of the water 
supply benefits accruing to the Loxahatchee National Wildlife Refuge 
and the Everglades National Park and in recognition of the statement in 
support of the Everglades restoration effort set forth in the document 
signed by the Department of the Interior and the Department of the Army 
in July 1993. Operation and maintenance of the stormwater detention 
area shall be consistent with regulations prescribed by the Secretary 
for the Central and Southern Florida project, with all costs of such 
operation and maintenance work borne by non-Federal interests.
    (c) Arkansas City, Kansas.--The project for flood damage reduction, 
Arkansas City, Kansas, authorized by section 401(a) of the Water 
Resources Development Act of 1986 (100 Stat. 4116), is modified to 
authorize the Secretary to construct the project at a total cost of 
$38,500,000, with an estimated Federal cost of $19,250,000 and an 
estimated non-Federal cost of $19,250,000.
    (d) North Branch of Chicago River, Illinois.--The project for flood 
damage reduction for the North Branch of the Chicago River, Illinois, 
authorized by section 401(a) of the Water Resources Development Act of 
1986 (100 Stat. 4115) is modified to authorize the Secretary to 
construct the project at a total cost of $34,228,000, with an estimated 
Federal cost of $20,905,000 and an estimated non-Federal cost of 
$13,323,000.
    (e) Cape Girardeau, Missouri.--The project for flood damage 
reduction, Cape Girardeau, Jackson Metropolitan Area, Missouri, 
authorized by section 401(a) of the Water Resources Development Act of 
1986 (100 Stat. 4118-4119) is modified to authorize the Secretary to 
construct the project at a total cost of $45,414,000, with an estimated 
Federal cost of $33,030,000 and an estimated non-Federal cost of 
$12,384,000.
    (f) Saw Mill Run, Pennsylvania.--The project for flood damage 
reduction, Saw Mill Run, Pittsburgh, Pennsylvania, authorized by 
section 401(a) of the Water Resources Development Act of 1986 (100 
Stat. 4124) is modified to authorize the Secretary to construct the 
project at a total cost of $12,780,000, with an estimated Federal share 
of $6,390,000 and an estimated non-Federal share of $6,390,000.
    (g) San Juan Harbor, Puerto Rico.--The project for navigation, San 
Juan Harbor, Puerto Rico, authorized by section 202(a) of the Water 
Resources Development Act of 1986 (100 Stat. 4097) is modified to 
authorize the Secretary to implement the project in accordance with the 
General Reevaluation Report and Environmental Assessment dated March 
1994 at a total cost of $43,993,000, with an estimated Federal cost of 
$27,341,000 and an estimated non-Federal cost of $16,652,000.
    (h) Removal of Navigation Hazard, Seekonk River, Providence, Rhode 
Island.--Section 1166(c) of the Water Resources Development Act of 1986 
(100 Stat. 4258-4259) is modified by--
            (1) striking ``$500,000'' and replacing it with 
        ``$1,300,000''; and,
            (2) striking ``$250,000'' each place it appears and 
        replacing it with ``$650,000''.

SEC. 5. 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 2 sentences of subsection (b); and
            (3) redesignating subsections (c), (d), and (e) as (e), 
        (f), and (g), respectively, and inserting after subsection (b) 
        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. 6. ECOSYSTEM RESTORATION.

    (a) The Secretary is authorized to carry out ecosystem restoration 
and protection projects when the Secretary determines that such 
projects will improve the quality of the environment and are in the 
public interest and that the environmental and economic benefits, both 
monetary and nonmonetary, of a project to be undertaken pursuant to 
this section justify the cost. Non-Federal interests shall provide 50 
percent of the cost of construction of any project carried out under 
this section, including provision of all lands, easements, rights-of-
ways and necessary relocations.
    (b) Construction of a project pursuant to this section shall be 
initiated only after a non-Federal interest has entered into a binding 
agreement with the Secretary to pay the non-Federal share of the costs 
of construction required by this section and to pay 100 percent of any 
operation, maintenance, and replacement and rehabilitation costs of the 
project in accordance with regulations prescribed by the Secretary.
    (c) No project may be carried out under this section without 
specific authorization by Congress if the estimated Federal cost of the 
project exceeds $5,000,000.
    (d) There is authorized to be appropriated not to exceed 
$50,000,000 annually to carry out this section.

SEC. 7. PLANNING ASSISTANCE TO STATES.

    Section 22 of the Water Resources Development Act of 1974 (42 
U.S.C. 1962d-16) is amended by--
            (1) inserting ``, watersheds or ecosystems'' after 
        ``basins'' in subsection (a);
            (2) striking subsection (b)(2) and redesignating 
        subsections (b)(3) and (b)(4) as (b)(2) and (b)(3), 
        respectively; and,
            (3) striking ``$6,000,000'' and ``$300,000'' in subsection 
        (c) and inserting ``$10,000,000'' and ``$500,000'', 
        respectively.

SEC. 8. REGULATORY PROGRAM FUND.

    (a) Establishment of Fund.--There is hereby established in the 
Treasury of the United States the ``Army Civil Works Regulatory Program 
Fund'' (hereinafter referred to as the ``Regulatory Program Fund'') 
into which shall be deposited fees collected by the Secretary pursuant 
to subsection (b) of this section. Amounts deposited into the 
Regulatory Program Fund are authorized to be appropriated to the 
Secretary 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, including wetlands.
    (b) Regulatory Fees.--(1) To the extent provided for in 
appropriations Acts, the Secretary 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 subsection (a) of this section.
    (2) The fees described in paragraph (1) of this subsection shall be 
established by the Secretary at rates that will allow for the recovery 
of receipts at amounts as provided for in appropriation Acts.

SEC. 9. RECOVERY OF COSTS FOR CLEAN UP OF HAZARDOUS SUBSTANCES.

    Any 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 and any other amounts recovered by the 
Secretary from a contractor, insurer, surety, or other person to 
reimburse the Army for any expenditure for environmental response 
activities in support of the Army civil works program shall be credited 
to the trust fund account from which the cost of such response action 
has been paid or will be charged.

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. COST-SHARING OF ENVIRONMENTAL PROJECTS.

    Section 103(c) of the Water Resources Development Act of 1986 (100 
Stat. 4085) is amended by--
            (1) striking ``and'' at the end of paragraph (5);
            (2) inserting ``and'' at the end of paragraph (6); and
            (3) adding at the end the following new paragraph:
            ``(7) environmental protection and restoration: 50 
        percent.''.

SEC. 12. 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. 13. SELECTION OF AND COST-SHARING FOR DREDGED MATERIAL DISPOSAL 
              FACILITIES.

    (a) The cost of constructing all dredged material disposal 
facilities associated with Federal navigation projects for harbors and 
inland harbors, including the cost of diking and the cost of other 
improvements necessary for the proper disposal of dredged material 
shall be considered a general navigation feature of such projects and 
shall be cost shared in accordance with the procedures set forth in 
section 101(a) of the Water Resources Development Act of 1986 (100 
Stat. 4083).
    (b) The Federal share of the cost of operation and maintenance of 
each disposal facility to which subsection (a) applies shall be 
determined in accordance with section 101(b) of the Water Resources 
Development Act of 1986 (100 Stat. 4083).
    (c) The Federal share of the cost of constructing dredged material 
disposal facilities associated with the operation and maintenance of 
all Federal navigation projects for harbors and inland harbors shall be 
considered eligible operation and maintenance costs for purposes of 
section 210(a) of the Water Resources Development Act of 1986 (100 
Stat. 4106) and shall be paid for out of the Harbor Maintenance Trust 
Fund established by section 1403 of the Water Resources Development Act 
of 1986 (100 Stat. 4269-4270).
    (d) Section 214(2)(A) of the Water Resources Development Act of 
1986 (100 Stat. 4108) is amended by inserting the following after 
``harbor or inland harbor'': ``, dredging and disposing of contaminated 
sediments which are in or which affect the maintenance of Federal 
navigation channels, mitigating for storm damage and environmental 
impacts resulting from Federal maintenance activities, and operating 
and maintaining dredged material disposal facilities''.
    (e) The Secretary shall ensure, to the extent practicable, that 
funding requirements for operation and maintenance dredging of 
commercial navigation harbors are considered fully before Federal funds 
are obligated for payment of the Federal share of costs associated with 
construction of dredged material disposal facilities in accordance with 
subsection (a) and that funds expended for such construction are 
equitably apportioned in accordance with regional needs.
    (f) This section shall apply to the construction of dredged 
material disposal facilities for which a contract for construction has 
not been awarded on or before the date of the enactment of this Act. 
The Secretary may, with the consent of the non-Federal interest, amend 
a project cooperation agreement executed prior to the date of the 
enactment of this Act to reflect the provisions of subsection (a) of 
this section with regard to dredged material disposal facilities for 
which a contract for construction has not been awarded.

SEC. 14. WAIVER OF UNECONOMICAL COST-SHARING REQUIREMENTS.

    Section 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b) 
is amended by striking the period at the end of the first sentence and 
inserting the following: ``; except that no such agreement shall be 
required if the Secretary determines that the administrative costs 
associated with negotiating, executing, or administering the agreement 
would exceed the amount of the contribution required from the non-
Federal interest.''.

SEC. 15. BUFORD TRENTON IRRIGATION DISTRICT.

    (a) The Secretary shall acquire permanent flowage and saturation 
easements over--
            (1) the lands in Williams County, North Dakota, extending 
        from the riverward margin of the Buford Trenton Irrigation 
        District main canal to the north bank of the Missouri River, 
        beginning at the Buford Trenton Irrigation District pumping 
        station located in the NE\1/4\ of Section 17, T-152-N, R-104-W, 
        and continuing northeasterly downstream to the land referred to 
        as the East Bottom; and,
            (2) any other lands outside of the boundaries of the Buford 
        Trenton Irrigation District which are contiguous to the 
        District and which have been affected by rising groundwater and 
        surface flooding.
    (b) The easement acquired by the Secretary pursuant to this section 
shall include the right, power, and privilege of the Government to 
submerge, overflow, percolate and saturate the surface and subsurface 
of the land and such other terms and conditions considered appropriate 
by the Secretary.
    (c) In acquiring the interests in the lands as provided for in 
subsection (a) of this section, the Secretary shall pay an amount based 
on the unaffected fee value of the lands.
    (d) Notwithstanding any other provision of law, the Secretary shall 
convey to the Buford Trenton Irrigation District all right, title, and 
interest of the United States in the drainage pumps located within the 
boundaries of the District. The Secretary is further authorized to 
provide a lump sum payment of $60,000 for power requirements associated 
with operation of the drainage pumps.
    (e) There is authorized to be appropriated up to $34,000,000 to 
carry out this section. Such sums shall remain available until 
expended.

SEC. 16. CITY OF NORTH BONNEVILLE, WASHINGTON.

    Section 9147 of Public Law 102-396 is amended by striking all that 
follows ``is further modified to'' the first place it appears in 
subsection (a) and inserting the following: ``authorize the Secretary 
of the Army to convey to the City of North Bonneville, Washington, at 
no further cost to the City, all right, title, and interest of the 
United States in and to--
            ``(1) any municipal facilities, utilities, fixtures, and 
        equipment for the relocated City, and any remaining lands 
        designated as open spaces or municipal lots not previously 
        conveyed to the City, specifically, Lots M1 through M15, M16 
        (the ``community center lot''), M18, M19, M22, M24, S42 through 
        S45, and S52 through S60, as shown on the plats of Skamania 
        County, Washington;
            ``(2) the `school lot' described as Lot 2, Block 5 on the 
        plats of relocated North Bonneville, recorded in Skamania 
        County, Washington;
            ``(3) parcels 2 and C, but only upon the completion of any 
        environmental response actions required under applicable law;
            ``(4) that portion of Parcel B lying south of the existing 
        City boundary, west of the sewage treatment plant, and north of 
        the drainage ditch that is located adjacent to the northerly 
        limit of the Hamilton Island landfill, provided the Secretary 
        of the Army determines, at the time of the proposed conveyance, 
        that the Department of the Army has taken all action necessary 
        to protect human health and the environment;
            ``(5) such portions of Parcel H which can be conveyed 
        without a requirement for further investigation, inventory, or 
        other action by the Department of the Army under the provisions 
        of the National Historic Preservation Act; and
            ``(6) such easements as the Secretary of the Army deems 
        necessary for--
                    ``(A) sewer and water line crossings of relocated 
                Washington State Highway No. 14; and
                    ``(B) reasonable public access to the Columbia 
                River across those portions of Hamilton Island that 
                remain under the ownership of the United States.
The conveyances referred to in paragraphs (1), (2), (5), and (6)(A) 
shall be completed within 180 days after the United States receives the 
release referred to in subsection (b)(1). All other conveyances shall 
be completed expeditiously, subject to any conditions specified in the 
applicable subsection.
    ``(b)(1) The conveyances authorized in subsection (a) are intended 
to resolve all outstanding issues between the United States and the 
City of North Bonneville. As a prerequisite to such conveyances, the 
City of North Bonneville shall execute an acknowledgment of payment of 
just compensation and shall execute a release of any and all claims for 
relief of any kind against the United States growing out of the 
relocation of the City of North Bonneville, or any prior Federal 
legislation relating thereto, and shall dismiss, with prejudice, any 
pending litigation involving such matters.
    ``(2) Upon receipt of the City's acknowledgment and release 
referred to in paragraph (1), the Attorney General of the United States 
shall dismiss any pending litigation arising out of the relocation of 
the City of North Bonneville and shall execute a release of any and all 
rights to damages of any kind under the February 20, 1987, judgment of 
the United States Claims Court, including any interest thereon.
    ``(3) Within 60 days after the conveyances authorized in 
subsections (a)(1) through (a)(6)(A) have been completed, the City 
shall execute an acknowledgment that all entitlements under those 
subsections have been completed and shall execute a release of any and 
all claims for relief of any kind against the United States arising out 
of this statute.
    ``(c) Beginning on the date of the enactment of this Act, the City 
of North Bonneville, or any successor in interest thereto, shall--
            ``(1) be precluded from exercising any jurisdiction over 
        any lands owned in whole or in part by the United States and 
        administered by the Corps of Engineers in connection with the 
        Bonneville project; and
            ``(2) be authorized to change the zoning designations of, 
        sell or resell Parcels S35 and S56, which are presently 
        designated as open spaces.''.

SEC. 17. COLLABORATIVE RESEARCH AND DEVELOPMENT.

    Section 7 of the Water Resources Development Act of 1988 (102 Stat. 
4022) is amended by--
            (1) adding the following at the end of subsection (d): 
        ``The Secretary may also accept and expend additional funds 
        from other Federal programs, including other Department of 
        Defense programs.'';
            (2) redesignating subsections (b), (c), and (d) as 
        paragraphs (1), (2) and (3), respectively;
            (3) deleting subsection (e); and
            (4) adding the following new subsection:
    ``(b) Preagreement 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. 710a(c)(7)(B) as if such 
information had been developed under a cooperative research and 
development agreement.''.

SEC. 18. RESEARCH AND DEVELOPMENT IN SUPPORT OF ARMY CIVIL WORKS 
              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. 19. NATIONAL INVENTORY OF DAMS.

    Section 13 of Public Law 92-367 (33 U.S.C. 467l) is amended by 
striking the second sentence 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. 20. TETON COUNTY, WYOMING.

    Section 840 of the Water Resources Development Act of 1986 (100 
Stat. 4176) is amended by--
            (1) replacing the colon following ``Secretary'' with a 
        period;
            (2) inserting the following before ``Provided,'': ``In 
        carrying out this section the Secretary may enter into 
        agreements with the non-Federal sponsor permitting the non-
        Federal sponsor to perform operation and maintenance for the 
        project on a cost-reimbursable basis:''; and
            (3) inserting the following after ``$35,000'': ``through 
        providing in-kind services or''.

SEC. 21. INTERAGENCY AND INTERNATIONAL SUPPORT AUTHORITY.

    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 restoration and protection in support of other Federal 
agencies or international organizations on problems of national 
significance to the United States. The Secretary may engage in such 
activities in support of international organizations only after 
consulting with the Department of State. 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. 22. PROJECT DEAUTHORIZATIONS.

    (a) Section 1001 of the Water Resources Development Act of 1986 (33 
U.S.C. 579a) is amended by--
            (1) striking ``10'' in the first sentence of paragraph (2) 
        of subsection (b) and replacing it with ``5'';
            (2) striking ``Before'' at the beginning of the second 
        sentence of paragraph (2) of subsection (b) and replacing it 
        with ``Upon official''; and
            (3) inserting ``planning, designing, or'' before 
        ``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. 23. FLOOD INSURANCE INTERAGENCY TASK FORCE.

    Section 561 of the Riegle Community Development and Regulatory 
Improvement Act of 1994 (Public Law 103-325) is amended by--
            (1) striking ``10'' before ``members'' in subsection (b)(1) 
        and inserting ``11'';
            (2) striking ``and'' at the end of subsection (b)(1)(I);
            (3) striking the period at the end of subsection (b)(1)(J) 
        and inserting ``; and,''; and
            (4) adding the following as a new subparagraph at the end 
        of subsection (b)(1):
            ``(K) the Assistant Secretary of the Army (Civil Works).''.

SEC. 24. STATE AND FEDERAL AGENCY REVIEW PERIOD.

    Section 1(a) of the Public Law 534, 78th Congress (33 U.S.C. 701-
1(a)) is amended by striking ``ninety'' from the sentence ``Within 
ninety days from the date of receipt of said proposed report, the 
written views and recommendations of each affected State and of the 
Secretary of the Interior may be submitted to the Chief of Engineers.'' 
and replacing it with ``thirty'' and by striking ``ninety-day'' from 
the sentence ``The Secretary of the Army may prepare and make said 
transmittal and time following said ninety-day period.'' and replacing 
it with ``thirty-day''.

SEC. 25. RECREATION USER FEE REVENUES.

    Section 4 of the Land and Water Conservation Fund Act of 1965 (16 
U.S.C. 460l-6a) is amended by adding the following at the end of 
subsection (i)(1):
                    ``(C) Notwithstanding paragraph (2), beginning in 
                fiscal year 1997, of the funds covered into the special 
                account established for the Army Corps of Engineers 
                pursuant to subparagraph (A), eighty percent of all 
                receipts earned in the previous fiscal year in excess 
                of $30,000,000 shall be made available to the Corps 
                without further appropriations. Beginning in fiscal 
                year 2006 and in each fiscal year thereafter, eighty 
                percent of all receipts earned in the previous fiscal 
                year which are in excess of $30,000,000 plus 4 percent 
                per fiscal year shall be made available to the Corps 
                without further appropriation. Amounts made available 
                to the Corps pursuant to this subparagraph shall be 
                used solely to maintain or improve infrastructure 
                related to visitor use and to meet annual operating 
                expenses related to visitor services at areas or sites 
                administered by the Corps. Of the funds made available 
                to the Corps under this subparagraph, 75 percent shall 
                be allocated to the area or site from which the fees 
                were collected in proportion to the amount collected at 
                each area or site and 25 percent shall be allocated to 
                areas or sites on the basis of need, as determined by 
                the Secretary of the Army.''.

SEC. 26. 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 
the enactment of this Act.

SEC. 27. 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. 28. TECHNICAL CORRECTIONS.

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

SEC. 29. DISCONTINUANCE OF MAINTENANCE OF LOW-USE PORTS.

    (a) The Secretary shall develop and transmit to Congress a list of 
harbors and channels that do not produce commercial benefits which 
exceed the cost of operation and maintenance of the harbor or channel 
and shall publish such list in the Federal Register no later than June 
30, 1997.
    (b) The list developed pursuant to subsection (a) shall not include 
subsistence ports or ports serving communities where the economy is 
substantially dependent upon commercial fishing, charter fishing, or 
related commercial activities.
    (c) After September 30, 1997, the Secretary shall not undertake or 
continue operation and maintenance activities at those harbors and 
channels included in the list developed pursuant to subsection (a).
    (d) Any harbor or channel included on the list developed by the 
Secretary pursuant to this section shall not be authorized after 
December 31, 2002, unless the Congress specifically directs the 
continuation of operation and maintenance of the harbor or channel in 
law.
    (e) For purposes of this section--
            (1) the term ``commercial benefits'' means the benefits 
        associated with the transportation of cargo on a commercial 
        vessel, including passengers transported for compensation or 
        hire, and the benefits accruing to the owners and operators of 
        vessels engaged in commercial fishing, charter fishing, or 
        related commercial activities; and
            (2) the term subsistence ports means a maritime port 
        located in Alaska, Hawaii, or any possession of the United 
        States, and which is the principal reliable commercial 
        transportation facility available to the general public for the 
        transport of cargo necessary to support the life and economy of 
        the population residing at that geographic location.

SEC. 30. STRUCTURAL FLOOD CONTROL COST-SHARING AND FLOODPLAIN 
              MANAGEMENT REQUIREMENTS.

    (a) Section 103(a) of the Water Resources Development Act of 1986 
(100 Stat. 4084-4085) is amended by--
            (1) striking ``25'' each place it appears in paragraph (2) 
        and inserting ``50'';
            (2) striking ``minimum'' in paragraph (2);
            (3) adding the following to paragraph (2) after the last 
        sentence in that paragraph: ``The non-Federal share under 
        paragraph (1) shall not exceed 50 percent of the cost of the 
        project assigned to flood control. The preceding sentence does 
        not modify the requirement of paragraph (1)(A) of this 
        subsection.''; and
            (4) striking paragraphs (3) and (4).
    (b) Section 402 of the Water Resources Development Act of 1986 (100 
Stat. 4133) is amended by--
            (1) striking ``Before'' and inserting the following: 
        ``Prior to initiation of'';
            (2) inserting ``Federal'' after ``any'';
            (3) inserting ``(a)'' after ``shall''; and
            (4) striking the period after ``programs'' and inserting 
        the following: ``and (b) develop and adopt a comprehensive 
        flood plain management plan that the Secretary, after 
        consultation with appropriate Federal and State agencies, finds 
        acceptable. The cost of developing and adopting such a plan 
        shall be cost shared as a cost of the project in accordance 
        with sections 103(a) and 103(b) of the Water Resources 
        Development Act of 1986 (100 Stat. 4084-4085).''.
    (c) Applicability.--The amendments made by this section shall apply 
to projects for which a written agreement as required by section 221 of 
the Flood Control Act of 1970 (84 Stat. 1818) has not been executed as 
of the date of the enactment of this Act.

SEC. 31. STUDY AUTHORITIES.

    (a) The Secretary is authorized to undertake studies in the 
interest of navigation in that part of the Pacific Region that includes 
American Samoa, Guam, and the Commonwealth of the Northern Mariana 
Islands. For the purposes of this subsection, the cost sharing as 
defined in section 105 of the Water Resources Development Act of 1986 
(100 Stat. 4088-4089) shall apply.
    (b) The Secretary is authorized to undertake a study of the 
Charleston, South Carolina, estuary area located in Charleston, 
Berkeley, and Dorchester Counties, South Carolina, for the purpose of 
evaluating environmental conditions in the tidal reaches of the Ashley, 
Cooper, Stono, and Wando Rivers and the lower portions of Charleston 
Harbor.

SEC. 32. MONTGOMERY POINT LOCK AND DAM.

    In accordance with the provisions of section 102(a) of the Water 
Resources Development Act of 1986 (100 Stat. 4084), one-half of the 
costs associated with the construction of Montgomery Point Lock and 
Dam, a separable element of the project for navigation, McClellan-Kerr 
Arkansas River Navigation System, Arkansas, as authorized by section 1 
of the River and Harbor Act of 1946, Public Law 525, 79th Congress, 
shall be paid from amounts appropriated from the general fund of the 
Treasury and one-half shall be paid from amounts appropriated from the 
Inland Waterways Trust Fund established by section 1405 of the Water 
Resources Development Act of 1986 (100 Stat. 4271). This cost sharing 
shall apply to funds appropriated in fiscal year 1997 for construction 
of the project access road and support facilities, and all funds 
appropriated in fiscal year 1998 and beyond.

SEC. 33. LEASE AUTHORITY.

    Notwithstanding any other provision of law, the Secretary may lease 
space available in buildings for which funding for construction or 
purchase was provided from the revolving fund established by chapter 
245 of Public Law 153, 83d Congress (33 U.S.C. 576), under such terms 
and conditions as are acceptable to the Secretary. The proceeds from 
such leases shall be credited to the revolving fund and shall be 
available for use for the purposes set forth in section 376 of title 
33, United States Code.

SEC. 34. SECTION 215 REIMBURSEMENT LIMITATION PER PROJECT.

    Section 215(a) of the Flood Control Act of 1968 (42 U.S.C. 1962d-
5a(a)) is amended by striking ``$3,000,000'' and inserting 
``$5,000,000''.

SEC. 35. POPLAR ISLAND, MARYLAND.

    The Secretary shall implement the Poplar Island, Maryland project 
under section 204 of the Water Resources Development Act of 1992 (100 
Stat. 4826-4827) notwithstanding the funding limitations set forth in 
subsection (e) of that section.

SEC. 36. REMOVAL OF STUDY PROHIBITIONS.

    Nothing in section 208 of Public Law 99-349 (100 Stat 749), section 
505 of Public Law 102-377 (106 Stat 1343), or any other provision of 
law shall be deemed to limit the authority of the Secretary to 
undertake studies for the purpose of investigating alternative modes of 
financing hydroelectric power facilities under the jurisdiction of the 
Department of the Army.
                                 <all>