[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 640 Engrossed Amendment House (EAH)]
2d Session
S. 640
_______________________________________________________________________
AMENDMENT
In the House of Representatives, U. S.,
July 30, 1996.
Resolved, That the bill from the Senate (S. 640) entitled ``An Act 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'', do pass with the following
AMENDMENT:
Strike out all after the enacting clause, and insert:
SECTION 1. SHORT TITLE.
(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. Definition.
TITLE I--WATER RESOURCES PROJECTS
Sec. 101. Project authorizations.
Sec. 102. Small flood control projects.
Sec. 103. Small bank stabilization projects.
Sec. 104. Small navigation projects.
Sec. 105. Small shoreline protection projects.
Sec. 106. Small snagging and sediment removal project, Mississippi
River, Little Falls, Minnesota.
Sec. 107. Small projects for improvement of the environment.
Sec. 108. Project to mitigate shore damage.
TITLE II--GENERALLY APPLICABLE PROVISIONS
Sec. 201. Cost sharing for dredged material disposal areas.
Sec. 202. Flood control policy.
Sec. 203. Feasibility study cost-sharing.
Sec. 204. Restoration of environmental quality.
Sec. 205. Environmental dredging.
Sec. 206. Aquatic ecosystem restoration.
Sec. 207. Beneficial uses of dredged material.
Sec. 208. Recreation policy and user fees.
Sec. 209. Recovery of costs.
Sec. 210. Cost sharing of environmental projects.
Sec. 211. Construction of flood control projects by non-Federal
interests.
Sec. 212. Engineering and environmental innovations of national
significance.
Sec. 213. Lease authority.
Sec. 214. Collaborative research and development.
Sec. 215. Dam safety program.
Sec. 216. Maintenance, rehabilitation, and modernization of facilities.
Sec. 217. Long-term sediment management strategies.
Sec. 218. Dredged material disposal facility partnerships.
Sec. 219. Obstruction removal requirement.
Sec. 220. Small project authorizations.
Sec. 221. Uneconomical cost-sharing requirements.
Sec. 222. Planning assistance to States.
Sec. 223. Corps of Engineers expenses.
Sec. 224. State and Federal agency review period.
Sec. 225. Limitation on reimbursement of non-Federal costs per project.
Sec. 226. Aquatic plant control.
Sec. 227. Sediments decontamination technology.
Sec. 228. Shore protection.
Sec. 229. Project deauthorizations.
Sec. 230. Support of Army Civil Works Program.
Sec. 231. Benefits to navigation.
Sec. 232. Loss of life prevention.
Sec. 233. Scenic and aesthetic considerations.
Sec. 234. Removal of study prohibitions.
Sec. 235. Sense of Congress; requirement regarding notice.
Sec. 236. Reservoir Management Technical Advisory Committee.
Sec. 237. Technical corrections.
TITLE III--PROJECT MODIFICATIONS
Sec. 301. Mobile Harbor, Alabama.
Sec. 302. Alamo Dam, Arizona.
Sec. 303. Nogales Wash and Tributaries, Arizona.
Sec. 304. Phoenix, Arizona.
Sec. 305. San Francisco River at Clifton, Arizona.
Sec. 306. Channel Islands Harbor, California
Sec. 307. Glenn-Colusa, California.
Sec. 308. Los Angeles and Long Beach Harbors, San Pedro Bay,
California.
Sec. 309. Oakland Harbor, California.
Sec. 310. Queensway Bay, California.
Sec. 311. San Luis Rey, California.
Sec. 312. Thames River, Connecticut.
Sec. 313. Potomac River, Washington, District Of Columbia.
Sec. 314. Canaveral Harbor, Florida.
Sec. 315. Captiva Island, Florida.
Sec. 316. Central and southern Florida, Canal 51.
Sec. 317. Central and southern Florida, Canal 111 (C-111).
Sec. 318. Jacksonville Harbor (Mill Cove), Florida.
Sec. 319. Panama City Beaches, Florida.
Sec. 320. Tybee Island, Georgia.
Sec. 321. White River, Indiana.
Sec. 322. Chicago, Illinois.
Sec. 323. Chicago Lock and Thomas J. O'Brien Lock, Illinois.
Sec. 324. Kaskaskia River, Illinois.
Sec. 325. Locks and Dam 26, Alton, Illinois and Missouri.
Sec. 326. North Branch of Chicago River, Illinois.
Sec. 327. Illinois and Michigan Canal.
Sec. 328. Halstead, Kansas.
Sec. 329. Levisa and Tug Forks of the Big Sandy River and Cumberland
River, Kentucky, West Virginia, and
Virginia.
Sec. 330. Prestonburg, Kentucky.
Sec. 331. Comite River, Louisiana.
Sec. 332. Grand Isle and vicinity, Louisiana.
Sec. 333. Lake Pontchartrain, Louisiana.
Sec. 334. Mississippi Delta Region, Louisiana.
Sec. 335. Mississippi River Outlets, Venice, Louisiana.
Sec. 336. Red River Waterway, Louisiana.
Sec. 337. Westwego to Harvey Canal, Louisiana.
Sec. 338. Tolchester Channel, Maryland.
Sec. 339. Saginaw River, Michigan.
Sec. 340. Sault Sainte Marie, Chippewa County, Michigan.
Sec. 341. Stillwater, Minnesota.
Sec. 342. Cape Girardeau, Missouri.
Sec. 343. New Madrid Harbor, Missouri.
Sec. 344. St. John's Bayou--New Madrid Floodway, Missouri.
Sec. 345. Joseph G. Minish Passaic River Park, New Jersey.
Sec. 346. Molly Ann's Brook, New Jersey.
Sec. 347. Passaic River, New Jersey.
Sec. 348. Ramapo River at Oakland, New Jersey and New York.
Sec. 349. Raritan Bay and Sandy Hook Bay, New Jersey.
Sec. 350. Arthur Kill, New York and New Jersey.
Sec. 351. Jones Inlet, New York.
Sec. 352. Kill Van Kull, New York and New Jersey.
Sec. 353. Wilmington Harbor-Northeast Cape Fear River, North Carolina.
Sec. 354. Garrison Dam, North Dakota.
Sec. 355. Reno Beach-Howards Farm, Ohio.
Sec. 356. Wister Lake, Oklahoma.
Sec. 357. Bonneville Lock and Dam, Columbia River, Oregon and
Washington.
Sec. 358. Columbia River dredging, Oregon and Washington.
Sec. 359. Grays Landing Lock and Dam, Monongahela River, Pennsylvania.
Sec. 360. Lackawanna River at Scranton, Pennsylvania.
Sec. 361. Mussers Dam, Middle Creek, Snyder County, Pennsylvania.
Sec. 362. Saw Mill Run, Pennsylvania.
Sec. 363. Schuylkill River, Pennsylvania.
Sec. 364. South Central Pennsylvania.
Sec. 365. Wyoming Valley, Pennsylvania.
Sec. 366. San Juan Harbor, Puerto Rico.
Sec. 367. Narragansett, Rhode Island.
Sec. 368. Charleston Harbor, South Carolina.
Sec. 369. Dallas Floodway Extension, Dallas, Texas.
Sec. 370. Upper Jordan River, Utah.
Sec. 371. Haysi Lake, Virginia.
Sec. 372. Rudee Inlet, Virginia Beach, Virginia.
Sec. 373. Virginia Beach, Virginia.
Sec. 374. East Waterway, Washington.
Sec. 375. Bluestone Lake, West Virginia.
Sec. 376. Moorefield, West Virginia.
Sec. 377. Southern West Virginia.
Sec. 378. West Virginia trail head facilities.
Sec. 379. Kickapoo River, Wisconsin.
Sec. 380. Teton County, Wyoming.
TITLE IV--STUDIES
Sec. 401. Corps capability study, Alaska.
Sec. 402. McDowell Mountain, Arizona.
Sec. 403. Nogales Wash and Tributaries, Arizona.
Sec. 404. Garden Grove, California.
Sec. 405. Mugu Lagoon, California.
Sec. 406. Santa Ynez, California.
Sec. 407. Southern California infrastructure.
Sec. 408. Yolo Bypass, Sacramento-San Joaquin Delta, California.
Sec. 409. Chain of Rocks Canal, Illinois.
Sec. 410. Quincy, Illinois.
Sec. 411. Springfield, Illinois.
Sec. 412. Beauty Creek Watershed, Valparaiso City, Porter County,
Indiana.
Sec. 413. Grand Calumet River, Hammond, Indiana.
Sec. 414. Indiana Harbor Canal, East Chicago, Lake County, Indiana.
Sec. 415. Koontz Lake, Indiana.
Sec. 416. Little Calumet River, Indiana.
Sec. 417. Tippecanoe River Watershed, Indiana.
Sec. 418. Calcasieu Ship Channel, Hackberry, Louisiana.
Sec. 419. Huron River, Michigan.
Sec. 420. Saco River, New Hampshire.
Sec. 421. Buffalo River Greenway, New York.
Sec. 422. Port of Newburgh, New York.
Sec. 423. Port of New York-New Jersey sediment study.
Sec. 424. Port of New York-New Jersey navigation study.
Sec. 425. Chagrin River, Ohio.
Sec. 426. Cuyahoga River, Ohio.
Sec. 427. Charleston, South Carolina, estuary.
Sec. 428. Mustang Island, Corpus Christi, Texas.
Sec. 429. Prince William County, Virginia.
Sec. 430. Pacific region.
Sec. 431. Financing of infrastructure needs of small and medium ports.
TITLE V--MISCELLANEOUS PROVISIONS
Sec. 501. Project deauthorizations.
Sec. 502. Project reauthorizations.
Sec. 503. Continuation of authorization of certain projects.
Sec. 504. Land conveyances.
Sec. 505. Namings.
Sec. 506. Watershed management, restoration, and development.
Sec. 507. Lakes program.
Sec. 508. Maintenance of navigation channels.
Sec. 509. Great Lakes remedial action plans and sediment remediation.
Sec. 510. Great Lakes dredged material testing and evaluation manual.
Sec. 511. Great Lakes sediment reduction.
Sec. 512. Great Lakes confined disposal facilities.
Sec. 513. Chesapeake Bay restoration and protection program.
Sec. 514. Extension of jurisdiction of Mississippi River Commission.
Sec. 515. Alternative to annual passes.
Sec. 516. Recreation partnership initiative.
Sec. 517. Environmental infrastructure.
Sec. 518. Corps capability to conserve fish and wildlife.
Sec. 519. Periodic beach nourishment.
Sec. 520. Control of aquatic plants.
Sec. 521. Hopper dredges.
Sec. 522. Design and construction assistance.
Sec. 523. Field office headquarters facilities.
Sec. 524. Corps of Engineers restructuring plan.
Sec. 525. Lake Superior Center.
Sec. 526. Jackson County, Alabama.
Sec. 527. Earthquake Preparedness Center of Expertise Extension.
Sec. 528. Quarantine facility.
Sec. 529. Benton and Washington Counties, Arkansas.
Sec. 530. Calaveras County, California.
Sec. 531. Farmington Dam, California.
Sec. 532. Prado Dam safety improvements, California.
Sec. 533. Los Angeles County Drainage Area, California.
Sec. 534. Seven Oaks Dam, California.
Sec. 535. Manatee County, Florida.
Sec. 536. Tampa, Florida.
Sec. 537. Watershed management plan for Deep River Basin, Indiana.
Sec. 538. Southern and eastern Kentucky.
Sec. 539. Louisiana coastal wetlands restoration projects.
Sec. 540. Southeast Louisiana.
Sec. 541. Restoration projects for Maryland, Pennsylvania, and West
Virginia.
Sec. 542. Cumberland, Maryland.
Sec. 543. Beneficial use of dredged material, Poplar Island, Maryland.
Sec. 544. Erosion control measures, Smith Island, Maryland.
Sec. 545. Duluth, Minnesota, alternative technology project.
Sec. 546. Redwood River Basin, Minnesota.
Sec. 547. Natchez Bluffs, Mississippi.
Sec. 548. Sardis Lake, Mississippi.
Sec. 549. Missouri River management.
Sec. 550. St. Charles County, Missouri, flood protection.
Sec. 551. Durham, New Hampshire.
Sec. 552. Hackensack Meadowlands area, New Jersey.
Sec. 553. Authorization of dredge material containment facility for
Port of New York/New Jersey.
Sec. 554. Hudson River habitat restoration, New York.
Sec. 555. Queens County, New York.
Sec. 556. New York Bight and Harbor study.
Sec. 557. New York State Canal System.
Sec. 558. New York City Watershed.
Sec. 559. Ohio River Greenway.
Sec. 560. Northeastern Ohio.
Sec. 561. Grand Lake, Oklahoma.
Sec. 562. Broad Top region of Pennsylvania.
Sec. 563. Curwensville Lake, Pennsylvania.
Sec. 564. Hopper Dredge McFarland.
Sec. 565. Philadelphia, Pennsylvania.
Sec. 566. Upper Susquehanna River Basin, Pennsylvania and New York.
Sec. 567. Seven Points Visitors Center, Raystown Lake, Pennsylvania.
Sec. 568. Southeastern Pennsylvania.
Sec. 569. Wills Creek, Hyndman, Pennsylvania.
Sec. 570. Blackstone River Valley, Rhode Island and Massachusetts.
Sec. 571. East Ridge, Tennessee.
Sec. 572. Murfreesboro, Tennessee.
Sec. 573. Buffalo Bayou, Texas.
Sec. 574. Harris County, Texas.
Sec. 575. San Antonio River, Texas.
Sec. 576. Neabsco Creek, Virginia.
Sec. 577. Tangier Island, Virginia.
Sec. 578. Pierce County, Washington.
Sec. 579. Washington Aqueduct.
Sec. 580. Greenbrier River Basin, West Virginia, flood protection.
Sec. 581. Huntington, West Virginia.
Sec. 582. Lower Mud River, Milton, West Virginia.
Sec. 583. West Virginia and Pennsylvania flood control.
Sec. 584. Evaluation of beach material.
Sec. 585. National Center for Nanofabrication and Molecular Self-
Assembly.
Sec. 586. Sense of Congress regarding St. Lawrence Seaway tolls.
Sec. 587. Prado Dam, California.
Sec. 588. Morganza, Louisiana to the Gulf of Mexico.
TITLE VI--EXTENSION OF EXPENDITURE AUTHORITY UNDER HARBOR MAINTENANCE
TRUST FUND
Sec. 601. Extension of expenditure authority under Harbor Maintenance
Trust Fund.
SEC. 2. DEFINITION.
For purposes of this Act, the term ``Secretary'' means the
Secretary of the Army.
TITLE I--WATER RESOURCES PROJECTS
SEC. 101. PROJECT AUTHORIZATIONS.
(a) Projects with Chief's Reports.--Except as provided in this
section, 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, described in the respective reports designated in this
section:
(1) American river watershed, california.--
(A) In general.--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 $42,975,000 and an estimated non-Federal cost
of $14,325,000, consisting of the following:
(i) Approximately 24 miles of slurry wall
in the existing levees along the lower American
River.
(ii) Approximately 12 miles of levee
modifications along the east bank of the
Sacramento River downstream from the Natomas
Cross Canal.
(iii) 3 telemeter streamflow gages upstream
from the Folsom Reservoir.
(iv) Modifications to the existing flood
warning system along the lower American River.
(B) Credit toward non-federal share.--The non-
Federal sponsor shall receive credit toward the non-
Federal share of the cost of the project for expenses
that the sponsor has incurred for design and
construction of any of the features authorized pursuant
to this paragraph prior to the date on which Federal
funds are appropriated for construction of the project.
The amount of the credit shall be determined by the
Secretary.
(C) Operation of folsom dam.--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 date as a comprehensive flood control
plan for the American River Watershed has been
implemented.
(D) Responsibility of non-federal sponsor.--The
non-Federal 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 for
25 percent of the costs for the variable flood control
operation of the Folsom Dam and Reservoir (including
any incremental power and water purchase costs incurred
by the Western Area Power Administration or the Bureau
of Reclamation and any direction, capital, and
operation and maintenance costs borne by either of such
agencies). Notwithstanding any contract or other
agreement, the remaining 75 percent of the costs for
the variable flood control operation of the Folsom Dam
and Reservoir shall be the responsibility of the United
States and shall be nonreimbursable.
(2) San lorenzo river, santa cruz, california.--The project
for flood control, San Lorenzo River, Santa Cruz, California:
Report of the Chief of Engineers, dated June 30, 1994, at a
total cost of $21,800,000, with an estimated Federal cost of
$10,900,000 and an estimated non-Federal cost of $10,900,000.
(3) Santa barbara harbor, california.--The project for
navigation, Santa Barbara Harbor, California: Report of the
Chief of Engineers, dated April 26, 1994, at a total cost of
$5,840,000, with an estimated Federal cost of $4,670,000 and an
estimated non-Federal cost of $1,170,000.
(4) Santa monica breakwater, california.--The project for
navigation and storm damage reduction, Santa Monica Breakwater,
Santa Monica, California: Report of the Chief of Engineers,
dated June 7, 1996, at a total cost of $6,440,000, with an
estimated Federal cost of $4,220,000 and an estimated non-
Federal cost of $2,220,000.
(5) Marin county shoreline, san rafael, california.--The
project for storm damage reduction, Marin County shoreline, San
Rafael, California: Report of the Chief of Engineers, dated
January 28, 1994, at a total cost of $28,300,000, with an
estimated Federal cost of $18,400,000 and an estimated non-
Federal cost of $9,900,000.
(6) 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 cost of $10,000,000 and
an estimated non-Federal cost of $5,180,000.
(7) Anacostia river and tributaries, district of columbia
and maryland.--The project for environmental restoration,
Anacostia River and Tributaries, District of Columbia and
Maryland: Report of the Chief of Engineers, dated November 15,
1994, at a total cost of $17,144,000, with an estimated Federal
cost of $12,858,000 and an estimated non-Federal cost of
$4,286,000.
(8) Atlantic intracoastal waterway, st. johns county,
florida.--The project for navigation, Atlantic Intracoastal
Waterway, St. Johns County, Florida: Report of the Chief of
Engineers, dated June 24, 1994, at a total Federal cost of
$15,881,000. Operation, maintenance, repair, replacement, and
rehabilitation shall be a non-Federal responsibility and the
non-Federal interest must assume ownership of the bridge.
(9) Lake michigan, illinois.--The project for storm damage
reduction and shoreline erosion protection, Lake Michigan,
Illinois, from Wilmette, Illinois, to the Illinois-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 project shall include the breakwater near
the South Water Filtration Plant described in the report as a
separate element of the project, at a total cost of
$11,470,000, with an estimated Federal cost of $7,460,000 and
an estimated non-Federal cost of $4,010,000. The Secretary
shall reimburse the non-Federal interest for the Federal share
of any costs incurred by the non-Federal interest--
(A) in reconstructing the revetment structures
protecting Solidarity Drive in Chicago, Illinois, if
such work is determined by the Secretary to be a
component of the project; and
(B) in constructing the breakwater near the South
Water Filtration Plant in Chicago, Illinois.
(10) Kentucky lock and dam, tennessee river, kentucky.--The
project for navigation, Kentucky Lock and Dam, Tennessee River,
Kentucky: Report of the Chief of Engineers, dated June 1, 1992,
at a total cost of $393,200,000. The costs of construction of
the project are to be paid \1/2\ from amounts appropriated from
the general fund of the Treasury and \1/2\ from amounts
appropriated from the Inland Waterways Trust Fund.
(11) Pond creek, jefferson county, kentucky.--The project
for flood control, Pond Creek, Jefferson County, 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
$10,993,000 and an estimated non-Federal cost of $5,087,000.
(12) Wolf creek dam and lake cumberland, 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, with an estimated non-
Federal cost of $53,763,000. 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 all or part of the
costs of the project.
(13) Port fourchon, lafourche parish, louisiana.--A project
for navigation, Belle Pass and Bayou Lafourche, Louisiana:
Report of the Chief of Engineers, dated April 7, 1995, at a
total cost of $4,440,000, with an estimated Federal cost of
$2,300,000 and an estimated non-Federal cost of $2,140,000.
(14) West bank of the mississippi river, new orleans (east
of harvey canal), louisiana.--The project for hurricane damage
reduction, West Bank of the Mississippi River in the vicinity
of New Orleans (East of Harvey Canal), Louisiana: Report of the
Chief of Engineers, dated May 1, 1995, at a total cost of
$126,000,000, with an estimated Federal cost of $82,200,000 and
an estimated non-Federal cost of $43,800,000.
(15) Wood river, grand island, nebraska.--The project for
flood control, 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 $6,040,000 and
an estimated non-Federal cost of $5,760,000.
(16) Las cruces, new mexico.--The project for flood
control, Las Cruces, New Mexico: Report of the Chief of
Engineers, dated June 24, 1996, at a total cost of $8,278,000,
with an estimated Federal cost of $5,494,000 and an estimated
non-Federal cost of $2,784,000.
(17) Long beach island, new york.--The project for storm
damage reduction, Long Beach Island, New York: Report of the
Chief of Engineers, dated April 5, 1996, at a total cost of
$72,090,000, with an estimated Federal cost of $46,858,000 and
an estimated non-Federal cost of $25,232,000.
(18) Wilmington harbor, cape fear river, north carolina.--
The project for navigation, Wilmington Harbor, Cape Fear and
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.
(19) Duck creek, cincinnati, ohio.--The project for flood
control, Duck Creek, Cincinnati, Ohio: Report of the Chief of
Engineers, dated June 28, 1994, at a total cost of $15,947,000,
with an estimated Federal cost of $11,960,000 and an estimated
non-Federal cost of $3,987,000.
(20) Willamette river temperature control, mckenzie
subbasin, oregon.--The project for environmental restoration,
Willamette River Temperature Control, McKenzie Subbasin,
Oregon: Report of the Chief of Engineers, dated February 1,
1996, at a total cost of $38,000,000, with an estimated Federal
cost of $38,000,000.
(21) Rio grande de arecibo, puerto rico.--The project for
flood control, 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 cost of $10,557,000 and
an estimated non-Federal cost of $9,394,000.
(22) Charleston harbor, south carolina.--The project for
navigation, Charleston Harbor Deepening and Widening, South
Carolina: Report of the Chief of Engineers, dated July 18,
1996, at a total cost of $116,639,000, with an estimated
Federal cost of $72,798,000 and an estimated non-Federal cost
of $43,841,000.
(23) Big sioux river and skunk creek, sioux falls, south
dakota.--The project for flood control, Big Sioux River and
Skunk Creek, 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 cost of $25,900,000 and an estimated
non-Federal cost of $8,700,000.
(24) Watertown, south dakota.--The project for flood
control, Watertown and Vicinity, South Dakota: Report of the
Chief of Engineers, dated August 31, 1994, at a total cost of
$18,000,000, with an estimated Federal cost of $13,200,000 and
an estimated non-Federal cost of $4,800,000.
(25) Gulf intracoastal waterway, aransas national wildlife
refuge, texas.--The project for navigation and environmental
preservation, Gulf Intracoastal Waterway, Aransas National
Wildlife Refuge, Texas: Report of the Chief of Engineers, dated
May 28, 1996, at a total cost of $18,283,000, with an estimated
Federal cost of $18,283,000.
(26) Houston-galveston navigation channels, texas.--The
project for navigation and environmental restoration, Houston-
Galveston Navigation Channels, Texas: Report of the Chief of
Engineers, dated May 9, 1996, at a total initial construction
cost of $292,797,000, with an estimated Federal cost of
$210,891,000 and an estimated non-Federal cost of $81,906,000.
The project shall include deferred construction of additional
environmental restoration features over the life of the
project, at a total average annual cost of $786,000, with an
estimated Federal cost of $590,000 and an estimated non-Federal
cost of $196,000. The construction of berthing areas and the
removal of pipelines and other obstructions that are necessary
for the project shall be accomplished at non-Federal expense.
Non-Federal interests shall receive credit toward cash
contributions required during construction and subsequent to
construction for design and construction management work that
is performed by non-Federal interests and that the Secretary
determines is necessary to implement the project.
(27) Marmet lock, kanawha river, west virginia.--The
project for navigation, Marmet Lock, Kanawha River, West
Virginia: Report of the Chief of Engineers, dated June 24,
1994, at a total cost of $229,581,000. The costs of
construction of the project are to be paid \1/2\ from amounts
appropriated from the general fund of the Treasury and \1/2\
from amounts appropriated from the Inland Waterways Trust Fund.
In conducting any real estate acquisition activities with
respect to the project, the Secretary shall give priority
consideration to those individuals who would be directly
affected by any physical displacement due to project design and
shall consider the financial circumstances of such individuals.
The Secretary shall proceed with real estate acquisition in
connection with the project expeditiously.
(b) Projects With Pending Chief's Reports.--The following projects
are authorized to be carried out by the Secretary substantially in
accordance with a final report of the Chief of Engineers if such report
is completed not later than December 31, 1996:
(1) Chignik, alaska.--The project for navigation, Chignik,
Alaska, at a total cost of $10,365,000, with an estimated
Federal cost of $4,344,000 and an estimated non-Federal cost of
$6,021,000.
(2) Cook inlet, alaska.--The project for navigation, Cook
Inlet, Alaska, at a total cost of $5,342,000, with an estimated
Federal cost of $4,006,000 and an estimated non-Federal cost of
$1,336,000.
(3) St. paul island harbor, st. paul, alaska.--The project
for navigation, St. Paul Harbor, St. Paul, Alaska, with an
estimated total cost of $18,981,000, with an estimated Federal
cost of $12,188,000 and an estimated non-Federal cost of
$6,793,000.
(4) Norco bluffs, riverside county, california.--A project
for bluff stabilization, Norco Bluffs, Riverside County,
California, with an estimated total cost of $8,600,000, with an
estimated Federal cost of $6,450,000 and an estimated non-
Federal cost of $2,150,000.
(5) Port of long beach (deepening), california.--The
project for navigation, Port of Long Beach (Deepening),
California, at a total cost of $37,288,000, with an estimated
Federal cost of $14,318,000 and an estimated non-Federal cost
of $22,970,000.
(6) Terminus dam, kaweah river, california.--The project
for flood damage reduction and water supply, Terminus Dam,
Kaweah River, California, at a total estimated cost of
$34,500,000, with an estimated Federal cost of $20,200,000 and
an estimated non-Federal cost of $14,300,000.
(7) Rehoboth beach and dewey beach, delaware.--A project
for storm damage reduction and shoreline protection, Rehoboth
Beach and Dewey Beach, Delaware, at a total cost of $9,423,000,
with an estimated first Federal cost of $6,125,000, and an
estimated first non-Federal cost of $3,298,000, and an average
annual cost of $282,000 for periodic nourishment over the 50-
year life of the project, with an estimated annual Federal cost
of $183,000 and an estimated annual non-Federal cost of
$99,000.
(8) Brevard county, florida.--The project for shoreline
protection, Brevard County, Florida, at a total first cost of
$76,620,000, with an estimated first Federal cost of
$36,006,000, and an estimated first non-Federal cost of
$40,614,000, and an average annual cost of $2,341,000 for
periodic nourishment over the 50-year life of the project, with
an estimated annual Federal cost of $1,109,000 and an estimated
annual non-Federal cost of $1,232,000.
(9) Miami harbor channel, florida.--The project for
navigation, Miami Harbor Channel, Miami, Florida, with an
estimated total cost of $3,221,000, with an estimated Federal
cost of $1,800,000 and an estimated non-Federal cost of
$1,421,000.
(10) North worth inlet, florida.--The project for
navigation and shoreline protection, Lake Worth Inlet, Palm
Beach Harbor, Florida, at a total cost of $3,915,000, with an
estimated Federal cost of $1,762,000 and an estimated non-
Federal cost of $2,153,000.
(11) Lower savannah river basin, savannah river, georgia
and south carolina.--The project for navigation and related
purposes, Lower Savannah River Basin, Savannah River, Georgia
and South Carolina, at a total cost of $3,419,000, with an
estimated Federal cost of $2,551,000, and an estimated non-
Federal cost of $868,000.
(12) Absecon island, new jersey.--The project for storm
damage reduction and shoreline protection, Brigantine Inlet to
Great Egg Harbor Inlet, Absecon Island, New Jersey, at a total
cost of $52,000,000, with an estimated Federal cost of
$34,000,000 and an estimated non-Federal cost of $18,000,000.
(13) Cape fear river, north carolina.--The project for
navigation, Cape Fear River deepening, North Carolina, at a
total cost of $210,264,000, with an estimated Federal cost of
$130,159,000, and an estimated non-Federal cost of $80,105,000.
SEC. 102. SMALL FLOOD CONTROL PROJECTS.
(a) Project Descriptions.--The Secretary shall conduct a study for
each of the following projects and, if the Secretary determines that
the project is feasible, shall carry out the project under section 205
of the Flood Control Act of 1948 (33 U.S.C. 701s):
(1) South upland, san bernadino county, california.--
Project for flood control, South Upland, San Bernadino County,
California.
(2) Birds, lawrence county, illinois.--Project for flood
control, Birds, Lawrence County, Illinois.
(3) Bridgeport, lawrence county, illinois.--Project for
flood control, Bridgeport, Lawrence County, Illinois.
(4) Embarras river, villa grove, illinois.--Project for
flood control, Embarras River, Villa Grove, Illinois.
(5) Frankfort, will county, illinois.--Project for flood
control, Frankfort, Will County, Illinois.
(6) Sumner, lawrence county, illinois.--Project for flood
control, Sumner, Lawrence County, Illinois.
(7) Vermillion river, demanade park, lafayette,
louisiana.--Project for nonstructural flood control, Vermillion
River, Demanade Park, Lafayette, Louisiana. In carrying out the
study and the project (if any) under this paragraph, the
Secretary shall use relevant information from the Lafayette
Parish feasibility study and expedite completion of the study
under this paragraph.
(8) Vermillion river, quail hollow subdivision, lafayette,
louisiana.--Project for nonstructural flood control, Vermillion
River, Quail Hollow Subdivision, Lafayette, Louisiana. In
carrying out the study and the project (if any) under this
paragraph, the Secretary shall use relevant information from
the Lafayette Parish feasibility study and expedite completion
of the study under this paragraph.
(9) Kawkawlin river, bay county, michigan.--Project for
flood control, Kawkawlin River, Bay County, Michigan.
(10) Whitney drain, arenac county, michigan.--Project for
flood control, Whitney Drain, Arenac County, Michigan.
(11) Festus and crystal city, missouri.--Project for flood
control, Festus and Crystal City, Missouri. In carrying out the
study and the project (if any) under this paragraph, the
Secretary shall use relevant information from the existing
reconnaissance study and shall expedite completion of the study
under this paragraph.
(12) Kimmswick, missouri.--Project for flood control,
Kimmswick, Missouri. In carrying out the study and the project
(if any) under this paragraph, the Secretary shall use relevant
information from the existing reconnaissance study and shall
expedite completion of the study under this paragraph.
(13) River Des Peres, St. Louis County, Missouri.--Project
for flood control, River Des Peres, St. Louis County, Missouri.
In carrying out the study and the project (if any), the
Secretary shall determine the feasibility of potential flood
control measures, consider potential storm water runoff and
related improvements, and cooperate with the Metropolitan St.
Louis Sewer District.
(14) Buffalo creek, erie county, new york.--Project for
flood control, Buffalo Creek, Erie County, New York.
(15) Cazenovia creek, erie county, new york.--Project for
flood control, Cazenovia Creek, Erie County, New York.
(16) Cheektowaga, erie county, new york.--Project for flood
control, Cheektowaga, Erie County, New York.
(17) Fulmer creek, village of mohawk, new york.--Project
for flood control, Fulmer Creek, Village of Mohawk, New York.
(18) Moyer creek, village of frankfort, new york.--Project
for flood control, Moyer Creek, Village of Frankfort, New York.
(19) Sauquoit creek, whitesboro, new york.--Project for
flood control, Sauquoit Creek, Whitesboro, New York.
(20) Steele creek, village of ilion, new york.--Project for
flood control, Steele Creek, Village of Ilion, New York.
(21) Willamette river, oregon.--Project for nonstructural
flood control, Willamette River, Oregon, including floodplain
and ecosystem restoration.
(22) Greenbrier river basin, west virginia.--Project for
flood control, consisting of an early flood warning system,
Greenbrier River Basin, West Virginia.
(b) Cost Allocations.--
(1) Lake elsinore, california.--The maximum amount of
Federal funds that may be allotted under section 205 of the
Flood Control Act of 1948 (33 U.S.C. 701s) for the project for
flood control, Lake Elsinore, Riverside County, California,
shall be $7,500,000.
(2) Lost creek, columbus, nebraska.--The maximum amount of
Federal funds that may be allotted under such section 205 for
the project for flood control, Lost Creek, Columbus, Nebraska,
shall be $5,500,000.
(3) Revision of project cooperation agreement.--The
Secretary shall revise the project cooperation agreement for
the projects referred to in paragraphs (1) and (2) in order to
take into account the change in the Federal participation in
such projects pursuant to such paragraphs.
(4) Cost sharing.--Nothing in this subsection shall be
construed to affect any cost-sharing requirement applicable to
the project referred to in paragraph (1) under the Water
Resources Development Act of 1986.
SEC. 103. SMALL BANK STABILIZATION PROJECTS.
The Secretary shall conduct a study for each of the following
projects and, if the Secretary determines that the project is feasible,
shall carry out the project under section 14 of the Flood Control Act
of 1946 (33 U.S.C. 701r):
(1) St. joseph river, indiana.--Project for bank
stabilization, St. Joseph River, South Bend, Indiana, including
recreation and pedestrian access features.
(2) Allegheny river at oil city, pennsylvania.--Project for
bank stabilization to address erosion problems affecting the
pipeline crossing the Allegheny River at Oil City,
Pennsylvania, including measures to address erosion affecting
the pipeline in the bed of the Allegheny River and its adjacent
banks.
(3) Cumberland river, nashville, tennessee.--Project for
bank stabilization, Cumberland River, Nashville, Tennessee.
(4) Tennessee river, hamilton county, tennessee.--Project
for bank stabilization, Tennessee River, Hamilton County,
Tennessee; except that the maximum amount of Federal funds that
may be allotted for the project shall be $7,500,000.
SEC. 104. SMALL NAVIGATION PROJECTS.
The Secretary shall conduct a study for each of the following
projects and, if the Secretary determines that the project is feasible,
shall carry out the project under section 107 of the River and Harbor
Act of 1960 (33 U.S.C. 577):
(1) Akutan, alaska.--Project for navigation, Akutan,
Alaska, consisting of a bulkhead and a wave barrier, including
application of innovative technology involving use of a
permeable breakwater.
(2) Grand marais harbor breakwater, michigan.--Project for
navigation, Grand Marais Harbor breakwater, Michigan.
(3) Duluth, minnesota.--Project for navigation, Duluth,
Minnesota.
(4) Taconite, minnesota.--Project for navigation, Taconite,
Minnesota.
(5) Two harbors, minnesota.--Project for navigation, Two
Harbors, Minnesota.
(6) Caruthersville harbor, pemiscot county, missouri.--
Project for navigation, Caruthersville Harbor, Pemiscot County,
Missouri, including enlargement of the existing harbor and bank
stabilization measures.
(7) New madrid county harbor, missouri.--Project for
navigation, New Madrid County Harbor, Missouri, including
enlargement of the existing harbor and bank stabilization
measures.
(8) Brooklyn, new york.--Project for navigation, Brooklyn,
New York, including restoration of the pier and related
navigation support structures, at the Sixty-Ninth Street Pier.
(9) Buffalo inner harbor, buffalo, new york.--Project for
navigation, Buffalo Inner Harbor, Buffalo, New York.
(10) Glenn cove creek, new york.--Project for navigation,
Glenn Cove Creek, New York, including bulkheading.
(11) Union ship canal, buffalo and lackawanna, new york.--
Project for navigation, Union Ship Canal, Buffalo and
Lackawanna, New York.
SEC. 105. SMALL SHORELINE PROTECTION PROJECTS.
(a) Project Authorizations.--The Secretary shall conduct a study
for each of the following projects, and if the Secretary determines
that the project is feasible, shall carry out the project under section
3 of the Shoreline Protection Act of August 13, 1946 (33 U.S.C. 426g):
(1) Faulkner's island, connecticut.--Project for shoreline
protection, Faulkner's Island, Connecticut; except that the
maximum amount of Federal funds that may be allotted for the
project shall be $4,500,000.
(2) Fort pierce, florida.--Project for 1 mile of additional
shoreline protection, Fort Pierce, Florida.
(3) Orchard beach, bronx, new york.--Project for shoreline
protection, Orchard Beach, Bronx, New York, New York; except
that the maximum amount of Federal funds that may be allotted
for the project shall be $5,200,000.
(4) Sylvan beach breakwater, verona, oneida county, new
york.--Project for shoreline protection, Sylvan Beach
breakwater, Verona, Oneida County, New York.
(b) Cost Sharing Agreement.--In carrying out the project authorized
by subsection (a)(1), the Secretary shall enter into an agreement with
the property owner to determine the allocation of the project costs.
SEC. 106. SMALL SNAGGING AND SEDIMENT REMOVAL PROJECT, MISSISSIPPI
RIVER, LITTLE FALLS, MINNESOTA.
The Secretary shall conduct a study for a project for clearing,
snagging, and sediment removal, East Bank of the Mississippi River,
Little Falls, Minnesota, including removal of sediment from culverts.
The study shall include a determination of the adequacy of culverts to
maintain flows through the channel. If the Secretary determines that
the project is feasible, the Secretary shall carry out the project
under section 3 of the River and Harbor Act of March 2, 1945 (33 U.S.C.
603a; 59 Stat. 23).
SEC. 107. SMALL PROJECTS FOR IMPROVEMENT OF THE ENVIRONMENT.
The Secretary shall conduct a study for each of the following
projects and, if the Secretary determines that the project is
appropriate, shall carry out the project under section 1135(a) of the
Water Resources Development Act of 1986 (33 U.S.C. 2309(a)):
(1) Upper truckee river, el dorado county, california.--
Project for environmental restoration, Upper Truckee River, El
Dorado County, California, including measures for restoration
of degraded wetlands and wildlife enhancement.
(2) San lorenzo river, california.--Project for habitat
restoration, San Lorenzo River, California.
(3) Whittier narrows dam, california.--Project for
environmental restoration and remediation of contaminated water
sources, Whittier Narrows Dam, California.
(4) Upper jordan river, salt lake county, utah.--Project
for channel restoration and environmental improvement, Upper
Jordan River, Salt Lake County, Utah.
SEC. 108. PROJECT TO MITIGATE SHORE DAMAGE.
The Secretary shall expedite the Assateague Island restoration
feature of the Ocean City, Maryland, and vicinity study and, if the
Secretary determines that the Federal navigation project has
contributed to degradation of the shoreline, the Secretary shall carry
out the project for shoreline restoration under section 111 of the
River and Harbor Act of 1968 (82 Stat. 735); except that the maximum
amount of Federal funds that may be allotted by the Secretary for the
project shall be $35,000,000. In carrying out the project, the
Secretary shall coordinate with affected Federal and State agencies and
shall enter into an agreement with the Federal property owner to
determine the allocation of the project costs.
TITLE II--GENERALLY APPLICABLE PROVISIONS
SEC. 201. COST SHARING FOR DREDGED MATERIAL DISPOSAL AREAS.
(a) Construction.--Section 101(a) of the Water Resources
Development Act of 1986 (33 U.S.C. 2211(a); 100 Stat. 4082-4083) is
amended--
(1) by striking the last sentence of paragraph (2) and
inserting the following: ``The value of lands, easements,
rights-of-way, and relocations provided under paragraph (3) and
the costs of relocations borne by the non-Federal interests
under paragraph (4) shall be credited toward the payment
required under this paragraph.'';
(2) in paragraph (3)--
(A) by inserting ``and'' after ``rights-of-way,'';
(B) by striking ``, and dredged material disposal
areas''; and
(C) by inserting ``, including any lands,
easements, rights-of-way, and relocations (other than
utility relocations accomplished under paragraph (4))
that are necessary for dredged material disposal
facilities'' before the period at the end of such
paragraph; and
(3) by adding at the end the following:
``(5) Dredged material disposal facilities for project
construction.--For purposes of this subsection, the term
`general navigation features' includes constructed land-based
and aquatic dredged material disposal facilities that are
necessary for the disposal of dredged material required for
project construction and for which a contract for construction
has not been awarded on or before the date of the enactment of
this paragraph.''.
(b) Operation and Maintenance.--Section 101(b) of such Act (33
U.S.C. 2211(b); 100 Stat. 4083) is amended--
(1) by inserting ``(1) In general.--'' before ``The
Federal'';
(2) by indenting and moving paragraph (1), as designated by
paragraph (1) of this subsection, 2 ems to the right;
(3) by striking ``pursuant to this Act'' and inserting ``by
the Secretary pursuant to this Act or any other law approved
after the date of the enactment of this Act''; and
(4) by adding at the end thereof the following:
``(2) Dredged material disposal facilities.--The Federal
share of the cost of constructing land-based and aquatic
dredged material disposal facilities that are necessary for the
disposal of dredged material required for the operation and
maintenance of a project and for which a contract for
construction has not been awarded on or before the date of the
enactment of this paragraph shall be determined in accordance
with subsection (a). The Federal share of operating and
maintaining such facilities shall be determined in accordance
with paragraph (1).''.
(c) Agreement.--Section 101(e)(1) of such Act (33 U.S.C.
2211(e)(1); 100 Stat. 4083) is amended by striking ``and to provide
dredged material disposal areas and perform'' and inserting ``including
those necessary for dredged material disposal facilities, and to
perform''.
(d) Consideration of Funding Requirements and Equitable
Apportionment.--Section 101 of such Act (33 U.S.C. 2211; 100 Stat.
4082-4084) is further amended by adding at the end the following:
``(f) Consideration of Funding Requirements and Equitable
Apportionment.--The Secretary shall ensure, to the extent practicable,
that--
``(1) funding necessary for operation and maintenance
dredging of commercial navigation harbors is provided before
Federal funds are obligated for payment of the Federal share of
costs associated with construction of dredged material disposal
facilities in accordance with subsections (a) and (b);
``(2) funds expended for such construction are equitably
apportioned in accordance with regional needs; and
``(3) the Secretary's participation in the construction of
dredged material disposal facilities does not result in unfair
competition with potential private sector providers of such
facilities.''.
(e) Eligible Operations and Maintenance Defined.--Section 214(2) of
such Act (33 U.S.C. 2241; 100 Stat. 4108) is amended--
(1) in subparagraph (A)--
(A) by inserting ``Federal'' after ``means all'';
(B) by inserting ``(i)'' after ``including''; and
(C) by inserting before the period at the end the
following: ``; (ii) the construction of dredged
material disposal facilities that are necessary for the
operation and maintenance of any harbor or inland
harbor; (iii) dredging and disposing of contaminated
sediments which are in or which affect the maintenance
of Federal navigation channels; (iv) mitigating for
impacts resulting from Federal navigation operation and
maintenance activities; and (v) operating and
maintaining dredged material disposal facilities''; and
(2) in subparagraph (C) by striking ``rights-of-way, or
dredged material disposal areas,'' and inserting ``or rights-
of-way,''.
(f) Amendment of Cooperation Agreement.--If requested by the non-
Federal interest, the Secretary shall amend a project cooperation
agreement executed on or before the date of the enactment of this Act
to reflect the application of the amendments made by this section to
any project for which a contract for construction has not been awarded
on or before such date of enactment.
(g) Savings Clause.--Nothing in this section (including the
amendments made by this section) shall increase, or result in the
increase of, the non-Federal share of the costs of--
(1) any dredged material disposal facility authorized
before the date of the enactment of this Act, including any
facility authorized by section 123 of the River and Harbor Act
of 1970 (84 Stat. 1823); or
(2) any dredged material disposal facility that is
necessary for the construction or maintenance of a project
authorized before the date of the enactment of this Act.
SEC. 202. FLOOD CONTROL POLICY.
(a) Flood Control Cost Sharing.--
(1) Increased non-federal contributions.--Subsections (a)
and (b) of section 103 of the Water Resources Development Act
of 1986 (33 U.S.C. 2213(a) and (b)) are each amended by
striking ``25 percent'' each place it appears and inserting
``35 percent''.
(2) Applicability.--The amendments made by paragraph (1)
shall apply to any project authorized after the date of the
enactment of this Act and to any flood control project which is
not specifically authorized by Congress for which a Detailed
Project Report is approved after such date of enactment or, in
the case of a project for which no Detailed Project Report is
prepared, construction is initiated after such date of
enactment.
(b) Ability To Pay.--
(1) In general.--Section 103(m) of such Act (33 U.S.C.
2213(m)) is amended to read as follows:
``(m) Ability To Pay.--
``(1) In general.--Any cost-sharing agreement under this
section for flood control or agricultural water supply shall be
subject to the ability of a non-Federal interest to pay.
``(2) Criteria and procedures.--The ability of any non-
Federal interest to pay shall be determined by the Secretary in
accordance with criteria and procedures in effect on the day
before the date of the enactment of the Water Resources
Development Act of 1996; except that such criteria and
procedures shall be revised within 6 months after the date of
such enactment to reflect the requirements of paragraph (3).
``(3) Revision of procedures.--In revising procedures
pursuant to paragraph (1), the Secretary--
``(A) shall consider--
``(i) per capita income data for the county
or counties in which the project is to be
located; and
``(ii) the per capita non-Federal cost of
construction of the project for the county or
counties in which the project is to be located;
``(B) shall not consider criteria (other than
criteria described in subparagraph (A)) in effect on
the day before the date of the enactment of the Water
Resources Development Act of 1996; and
``(C) may consider additional criteria relating to
the non-Federal interest's financial ability to carry
out its cost-sharing responsibilities, to the extent
that the application of such criteria does not
eliminate areas from eligibility for a reduction in the
non-Federal share as determined under subparagraph (A).
``(4) Non-federal share.--Notwithstanding subsection (a),
the Secretary shall reduce or eliminate the requirement that a
non-Federal interest make a cash contribution for any project
that is determined to be eligible for a reduction in the non-
Federal share under procedures in effect under paragraphs (1),
(2), and (3).''.
(2) Applicability.--
(A) Generally.--Subject to subparagraph (C), the
amendment made by paragraph (1) shall apply to any
project, or separable element thereof, with respect to
which the Secretary and the non-Federal interest have
not entered into a project cooperation agreement on or
before the date of the enactment of this Act.
(B) Amendment of cooperation agreement.--If
requested by the non-Federal interest, the Secretary
shall amend a project cooperation agreement executed on
or before the date of the enactment of this Act to
reflect the application of the amendment made by
paragraph (1) to any project for which a contract for
construction has not been awarded on or before such
date of enactment.
(C) Non-federal option.--If requested by the non-
Federal interest, the Secretary shall apply the
criteria and procedures established pursuant to section
103(m) of the Water Resources Development Act of 1986
as in effect on the day before the date of the
enactment of this Act for projects that are authorized
before the date of the enactment of this Act.
(c) Flood Plain Management Plans.--
(1) In general.--Section 402 of such Act (33 U.S.C. 701b-
12; 100 Stat. 4133) is amended to read as follows:
``SEC. 402. FLOOD PLAIN MANAGEMENT REQUIREMENTS.
``(a) Compliance With Flood Plain Management and Insurance
Programs.--Before construction of any project for local flood
protection or any project for hurricane or storm damage reduction and
involving Federal assistance from the Secretary, the non-Federal
interest shall agree to participate in and comply with applicable
Federal flood plain management and flood insurance programs.
``(b) Flood Plain Management Plans.--Within 1 year after the date
of signing a project cooperation agreement for construction of a
project to which subsection (a) applies, the non-Federal interest shall
prepare a flood plain management plan designed to reduce the impacts of
future flood events in the project area. Such plan shall be implemented
by the non-Federal interest not later than 1 year after completion of
construction of the project.
``(c) Guidelines.--
``(1) In general.--Within 6 months after the date of the
enactment of this subsection, the Secretary shall develop
guidelines for preparation of flood plain management plans by
non-Federal interests under subsection (b). Such guidelines
shall address potential measures, practices and policies to
reduce loss of life, injuries, damages to property and
facilities, public expenditures, and other adverse impacts
associated with flooding and to preserve and enhance natural
flood plain values.
``(2) Limitation on statutory construction.--Nothing in
this subsection shall be construed to confer any regulatory
authority upon the Secretary.
``(d) Technical Support.--The Secretary is authorized to provide
technical support to a non-Federal interest for a project to which
subsection (a) applies for the development and implementation of plans
prepared under subsection (b).''.
(2) Applicability.--The amendment made by paragraph (1)
shall apply to any project or separable element thereof with
respect to which the Secretary and the non-Federal interest
have not entered into a project cooperation agreement on or
before the date of the enactment of this Act.
(d) Non-Structural Flood Control Policy.--
(1) Review.--The Secretary shall conduct a review of
policies, procedures, and techniques relating to the evaluation
and development of flood control measures with a view toward
identifying impediments that may exist to justifying non-
structural flood control measures as alternatives to structural
measures.
(2) Report.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall transmit to Congress
a report on the findings on the review conducted under this
subsection, together with any recommendations for modifying
existing law to remove any impediments identified under such
review.
(e) Emergency Response.--Section 5(a)(1) of the Act entitled ``An
Act authorizing the construction of certain public works on rivers and
harbors for flood control, and for other purposes'', approved August
18, 1941 (33 U.S.C. 701n(a)(1)), is amended by inserting before the
first semicolon the following: ``, or in implementation of
nonstructural alternatives to the repair or restoration of such flood
control work if requested by the non-Federal sponsor''.
(f) Nonstructural Alternatives.--Section 73 of the Water Resources
Development Act of 1974 (33 U.S.C. 701b-11; 88 Stat. 32) is amended by
striking subsection (a) and inserting the following:
``(a) In the survey, planning, or design by any Federal agency of
any project involving flood protection, such agency, with a view toward
formulating the most economically, socially, and environmentally
acceptable means of reducing or preventing flood damages, shall
consider and address in adequate detail nonstructural alternatives,
including measures that may be implemented by others, to prevent or
reduce flood damages. Such alternatives may include watershed
management, wetlands restoration, elevation or flood proofing of
structures, floodplain regulation, relocation, and acquisition of
floodplain lands for recreational, fish and wildlife, and other public
purposes.''.
SEC. 203. FEASIBILITY STUDY COST-SHARING.
(a) Non-Federal Share.--Section 105(a)(1) of the Water Resources
Development Act of 1986 (33 U.S.C. 2215(a)(1)) is amended--
(1) in the first sentence, by striking ``during the period
of such study'';
(2) by inserting after the first sentence the following:
``During the period of the study, the non-Federal share of the
cost of the study shall be not more than 50 percent of the
estimate of the cost of the study as contained in the feasibility cost-
sharing agreement. The cost estimate may be amended only by mutual
agreement of the Secretary and the non-Federal interests. The non-
Federal share of any costs in excess of the cost estimate shall, except
as otherwise mutually agreed by the Secretary and the non-Federal
interests, be payable after the project has been authorized for
construction and on the date on which the Secretary and non-Federal
interests enter into an agreement pursuant to section 101(e) or 103(j).
In the event the project which is the subject of the study is not
authorized within the earlier of 5 years of the date of the final
report of the Chief of Engineers concerning such study or 2 years of
the date of termination of the study, the non-Federal share of any such
excess costs shall be paid to the United States on the last day of such
period.''; and
(3) in the second sentence, by striking ``such non-Federal
contribution'' and inserting ``the non-Federal share required
under this paragraph''.
(b) Applicability.--The amendments made by subsection (a) shall
apply notwithstanding any feasibility cost-sharing agreement entered
into by the Secretary and non-Federal interests. Upon request of the
non-Federal interest, the Secretary shall amend any feasibility cost-
sharing agreements in effect on the date of enactment of this Act so as
to conform the agreements with the amendments.
(c) Limitation on Statutory Construction.--Nothing in this section
or any amendment made by this section shall require the Secretary to
reimburse the non-Federal interests for funds previously contributed
for a study.
SEC. 204. RESTORATION OF ENVIRONMENTAL QUALITY.
(a) Review of Projects.--Section 1135(a) of the Water Resources
Development Act of 1986 (33 U.S.C. 2309a(a)) is amended--
(1) by striking ``the operation of''; and
(2) by inserting before the period at the end the
following: ``and to determine if the operation of such projects
has contributed to the degradation of the quality of the
environment''.
(b) Program of Projects.--Section 1135(b) of such Act is amended by
striking the last 2 sentences of subsection (b).
(c) Restoration of Environmental Quality.--Section 1135 of such Act
is further amended--
(1) by redesignating subsections (c), (d), and (e) as
subsections (e), (f), and (g), respectively;
(2) by inserting after subsection (b) the following new
subsections:
``(c) Restoration of Environmental Quality.--If the Secretary
determines that construction of a water resource project by the
Secretary or operation of a water resources project constructed by the
Secretary has contributed to the degradation of the quality of the
environment, the Secretary may undertake measures for restoration of
environmental quality and measures for enhancement of environmental
quality that are associated with the restoration, either through
modifications at the project site or at other locations that have been
affected by the construction or operation of the project, if such
measures do not conflict with the authorized project purposes.
``(d) Non-Federal Share; Limitation on Maximum Federal
Expenditure.--The non-Federal share of the cost of any modifications or
measures carried out or undertaken pursuant to subsection (b) or (c) of
this section shall be 25 percent. Not more than 80 percent of the non-
Federal share may be in kind, including a facility, supply, or service
that is necessary to carry out the modification. 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.''; and
(3) in subsection (f), as so redesignated, by striking
``program conducted under subsection (b)'' and inserting
``programs conducted under subsections (b) and (c)''.
(d) Definition.--Section 1135 of such Act is further amended by
adding at the end the following:
``(h) Definition.--In this section the term `water resources
project constructed by the Secretary' includes a water resources
project constructed or funded jointly by the Secretary and the head of
any other Federal agency (including the Natural Resources Conservation
Service).''.
SEC. 205. ENVIRONMENTAL DREDGING.
Section 312 of the Water Resources Development Act of 1990 (104
Stat. 4639-4640) is amended--
(1) in each of subsections (a), (b), and (c) by inserting
``and remediate'' after ``remove'' each place it appears;
(2) in subsection (b)(1) by inserting ``and remediation''
after ``removal'' each place it appears;
(3) in subsection (b)(2) by striking ``$10,000,000'' and
inserting ``$30,000,000''; and
(4) by striking subsection (f) and inserting the following:
``(f) In carrying out this section, the Secretary shall give
priority to work in the following areas:
``(1) Brooklyn Waterfront, New York.
``(2) Buffalo Harbor and River, New York.
``(3) Ashtabula River, Ohio.
``(4) Mahoning River, Ohio.
``(5) Lower Fox River, Wisconsin.''.
SEC. 206. AQUATIC ECOSYSTEM RESTORATION.
(a) General Authority.--The Secretary is authorized to carry out
aquatic 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 the project to
be undertaken pursuant to this section justify the cost.
(b) Cost Sharing.--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-way,
and necessary relocations.
(c) Agreements.--Construction of a project under 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 with respect to the project in accordance with
regulations prescribed by the Secretary.
(d) Cost Limitation.--Not more than $5,000,000 in Federal funds may
be allotted under this section for a project at any single locality.
(e) Funding.--There is authorized to be appropriated not to exceed
$25,000,000 annually to carry out this section.
SEC. 207. BENEFICIAL USES OF DREDGED MATERIAL.
Section 204 of the Water Resources Development Act of 1992 (106
Stat. 4826) is amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following:
``(e) Selection of Dredged Material Disposal Method.--In developing
and carrying out a project for navigation involving the disposal of
dredged material, the Secretary may select, with the consent of the
non-Federal interest, a disposal method that is not the least-cost
option if the Secretary determines that the incremental costs of such
disposal method are minimal and that the benefits to the aquatic
environment to be derived from such disposal method, including the
creation of wetlands and control of shoreline erosion, justify its
selection. The Federal share of such incremental costs shall be
determined in accordance with subsection (c).''.
SEC. 208. RECREATION POLICY AND USER FEES.
(a) Recreation Policies.--
(1) In general.--The Secretary shall provide increased
emphasis on and opportunities for recreation at water resources
projects operated, maintained, or constructed by the Corps of
Engineers.
(2) Report.--Not later than 2 years after the date of the
enactment of this Act, the Secretary shall transmit to Congress
a report on specific measures taken to implement this
subsection.
(b) Recreation User Fees.--Section 210(b) of the Flood Control Act
of 1968 (16 U.S.C. 460d-3(b)) is amended by adding at the end the
following:
``(5) Use of fees collected at facility.--Subject to
advance appropriations, the Secretary of the Army shall ensure
that at least an amount equal to the total amount of fees
collected at any project under this subsection in a fiscal year
beginning after September 30, 1996, are expended in the
succeeding fiscal year at such project for operation and
maintenance of recreational facilities at such project.''.
SEC. 209. RECOVERY OF COSTS.
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 appropriate trust fund account from which the cost of such
response action has been paid or will be charged.
SEC. 210. COST SHARING OF ENVIRONMENTAL PROJECTS.
(a) In General.--Section 103(c) of the Water Resources Development
Act of 1986 (33 U.S.C. 2213(c)) is amended--
(1) by striking ``and'' at the end of paragraph (5);
(2) by striking the period at the end of paragraph (6) and
inserting ``; and''; and
(3) by inserting after paragraph (6) the following new
paragraph:
``(7) subject to section 906 of this Act, environmental
protection and restoration: 50 percent.''.
(b) Applicability.--The amendments made by subsection (a) apply
only to projects authorized after the date of the enactment of this
Act.
SEC. 211. CONSTRUCTION OF FLOOD CONTROL PROJECTS BY NON-FEDERAL
INTERESTS.
(a) Authority.--Non-Federal interests are authorized to undertake
flood control projects in the United States, subject to obtaining any
permits required pursuant to Federal and State laws in advance of
actual construction.
(b) Studies and Design Activities.--
(1) By non-federal interests.--A non-Federal interest may
prepare, for review and approval by the Secretary, the
necessary studies and design documents for any construction to
be undertaken pursuant to subsection (a).
(2) By secretary.--Upon request of an appropriate non-
Federal interest, the Secretary may undertake all necessary
studies and design activities for any construction to be
undertaken pursuant to subsection (a) and provide technical
assistance in obtaining all necessary permits for such
construction if the non-Federal interest contracts with the
Secretary to furnish the United States funds for the studies
and design activities during the period that the studies and
design activities will be conducted.
(c) Completion of Studies and Design Activities.--In the case of
any study or design documents for a flood control project that were
initiated before the date of the enactment of this Act, the Secretary
is authorized to complete and transmit to the appropriate non-Federal
interests the study or design documents or, upon the request of such
non-Federal interests, to terminate the study or design activities and
transmit the partially completed study or design documents to such non-
Federal interests for completion. Studies and design documents subject
to this subsection shall be completed without regard to the
requirements of subsection (b).
(d) Authority To Carry Out Improvement.--
(1) In general.--Any non-Federal interest which has
received from the Secretary pursuant to subsection (b) or (c) a
favorable recommendation to carry out a flood control project
or separable element thereof based on the results of completed
studies and design documents for the project or element, may
carry out the project or element if a final environmental
impact statement has been filed for the project or element.
(2) Permits.--Any plan of improvement proposed to be
implemented in accordance with this subsection shall be deemed
to satisfy the requirements for obtaining the appropriate
permits required under the Secretary's authority and such
permits shall be granted subject to the non-Federal interest's
acceptance of the terms and conditions of such permits if the
Secretary determines that the applicable regulatory criteria
and procedures have been satisfied.
(3) Monitoring.--The Secretary shall monitor any project
for which a permit is granted under this subsection in order to
ensure that such project is constructed, operated, and
maintained in accordance with the terms and conditions of such
permit.
(e) Reimbursement.--
(1) General rule.--Subject to appropriation Acts, the
Secretary is authorized to reimburse any non-Federal interest
an amount equal to the estimate of the Federal share, without
interest, of the cost of any authorized flood control project,
or separable element thereof, constructed pursuant to this
section--
(A) if, after authorization and before initiation
of construction of the project or separable element,
the Secretary approves the plans for construction of
such project by the non-Federal interest; and
(B) if the Secretary finds, after a review of
studies and design documents prepared pursuant to this
section, that construction of the project or separable
element is economically justified and environmentally
acceptable.
(2) Special rules.--
(A) Reimbursement.--For work (including work
associated with studies, planning, design, and
construction) carried out by a non-Federal interest
with respect to a project described in subsection (f),
the Secretary shall, subject to amounts being made
available in advance in appropriations Acts, reimburse,
without interest, the non-Federal interest an amount
equal to the estimated Federal share of the cost of
such work if such work is later recommended by the
Chief of Engineers and approved by the Secretary.
(B) Credit.--If the non-Federal interest for a
project described in subsection (f) carries out work
before completion of a reconnaissance study by the
Secretary and if such work is determined by the
Secretary to be compatible with the project later
recommended by the Secretary, the Secretary shall
credit the non-Federal interest for its share of the
cost of the project for such work.
(3) Matters to be considered in reviewing plans.--In
reviewing plans under this subsection, the Secretary shall
consider budgetary and programmatic priorities and other
factors that the Secretary deems appropriate.
(4) Monitoring.--The Secretary shall regularly monitor and
audit any project for flood control approved for construction
under this section by a non-Federal interest in order to ensure
that such construction is in compliance with the plans approved
by the Secretary and that the costs are reasonable.
(5) Limitation on reimbursements.--No reimbursement shall
be made under this section unless and until the Secretary has
certified that the work for which reimbursement is requested
has been performed in accordance with applicable permits and
approved plans.
(f) Specific Projects.--For the purpose of demonstrating the
potential advantages and effectiveness of non-Federal implementation of
flood control projects, the Secretary shall enter into agreements
pursuant to this section with non-Federal interests for development of
the following flood control projects by such interests:
(1) Berryessa creek, california.--The Berryessa Creek
element of the project for flood control, Coyote and Berryessa
Creeks, California, authorized by section 101(a)(5) of the
Water Resources Development Act of 1990 (104 Stat. 4606);
except that, subject to the approval of the Secretary as
provided by this section, the non-Federal interest may design
and construct an alternative to such element.
(2) Los angeles county drainage area, california.--The
project for flood control, Los Angeles County Drainage Area,
California, authorized by section 101(b) of the Water Resources
Development Act of 1990 (104 Stat. 4611).
(3) Stockton metropolitan area, california.--The project
for flood control, Stockton Metropolitan Area, California.
(4) Upper guadalupe river, california.--The project for
flood control, Upper Guadalupe River, California.
(5) Brays bayou, texas.--Flood control components
comprising the Brays Bayou element of the project for flood
control, Buffalo Bayou and Tributaries, Texas, authorized by
section 101(a)(21) of the Water Resources Development Act of
1990 (104 Stat. 4610); except that, subject to the approval of
the Secretary as provided by this section, the non-Federal
interest may design and construct an alternative to the
diversion component of such element.
(6) Hunting bayou, texas.--The Hunting Bayou element of the
project for flood control, Buffalo Bayou and Tributaries,
Texas, authorized by such section; except that, subject to the
approval of the Secretary as provided by this section, the non-
Federal interest may design and construct an alternative to
such element.
(7) White oak bayou, texas.--The project for flood control,
White Oak Bayou watershed, Texas.
(g) Treatment of Flood Damage Prevention Measures.--For the
purposes of this section, flood damage prevention measures at or in the
vicinity of Morgan City and Berwick, Louisiana, shall be treated as an
authorized element of the Atchafalaya Basin feature of the project for
flood control, Mississippi River and Tributaries.
SEC. 212. ENGINEERING AND ENVIRONMENTAL INNOVATIONS OF NATIONAL
SIGNIFICANCE.
(a) Surveys, Plans, and Studies.--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.
(b) Funding.--
(1) Authorization of appropriations.--There is authorized
to be appropriated to carry out this section $3,000,000 for
each fiscal year beginning after September 30, 1996.
(2) Funding from other sources.--The Secretary may accept
and expend additional funds from other Federal agencies,
States, or non-Federal entities for purposes of carrying out
this section.
SEC. 213. 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 the 1st
section of the Civil Functions Appropriations Act, 1954 (33 U.S.C. 576;
67 Stat. 199) under such terms and conditions as are acceptable to the
Secretary. The proceeds from such leases shall be credited to the
revolving fund for the purposes set forth in such Act.
SEC. 214. COLLABORATIVE RESEARCH AND DEVELOPMENT.
(a) Funding From Other Federal Sources.--Section 7 of the Water
Resources Development Act of 1988 (102 Stat. 4022-4023) is amended--
(1) in subsection (a) by inserting ``civil works'' before
``mission''; and
(2) by striking subsection (e) and inserting the following:
``(e) Funding From Other Federal Sources.--The Secretary may accept
and expend additional funds from other Federal programs, including
other Department of Defense programs, to carry out the purposes of this
section.''.
(b) Pre-Agreement Temporary Protection of Technology.--Such section
7 is further amended--
(1) by redesignating subsections (b), (c), (d), and (e) as
subsections (c), (d), (e), and (f), respectively;
(2) by inserting after subsection (a) the following new
subsection:
``(b) Pre-Agreement Temporary Protection of Technology.--
``(1) In general.--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 technology or the last day of
the 2-year period beginning on the date of such determination.
``(2) Treatment.--Any technology covered by this section
which becomes the subject of a cooperative research and
development agreement shall be accorded the protection provided
under section 12(c)(7)(B) of such Act (15 U.S.C.
3710a(c)(7)(B)) as if such technology had been developed under
a cooperative research and development agreement.''; and
(3) in subsection (d), as so redesignated, by striking
``(b)'' and inserting ``(c)''.
SEC. 215. DAM SAFETY PROGRAM.
(a) Short Title.--This section may be cited as the ``National Dam
Safety Program Act of 1996''.
(b) Findings.--Congress finds the following:
(1) Dams are an essential part of the national
infrastructure. Dams fail from time to time with catastrophic
results; thus, dam safety is a vital public concern.
(2) Dam failures have caused, and can cause in the future,
enormous loss of life, injury, destruction of property, and
economic and social disruption.
(3) Some dams are at or near the end of their structural,
useful, or operational life. With respect to future dam
failures, the loss, destruction, and disruption can be
substantially reduced through the development and
implementation of dam safety hazard reduction measures,
including--
(A) improved design and construction standards and
practices supported by a national dam performance
resource bank;
(B) safe operations and maintenance procedures;
(C) early warning systems;
(D) coordinated emergency preparedness plans; and
(E) public awareness and involvement programs.
(4) Dam safety problems persist nationwide. The diversity
in Federal and State dam safety programs calls for national
leadership in a cooperative effort involving Federal and State
governments and the private sector. An expertly staffed and
adequately financed dam safety hazard reduction program, based
on Federal, State, local, and private research, planning,
decisionmaking, and contributions, would reduce the risk of
such loss, destruction, and disruption from dam failure by an
amount far greater than the cost of such program.
(5) There is a fundamental need for a national dam safety
program and the need will continue. An effective national
program in dam safety hazards reduction will require input from
and review by Federal and non-Federal experts in dams design,
construction, operation, and maintenance and in the practical
application of dam failure hazards reduction measures. At the
present time, there is no national dam safety program.
(6) The coordinating authority for national leadership is
provided through the Federal Emergency Management Agency's
(hereinafter in this section referred to as ``FEMA'') dam
safety program through Executive Order 12148 in coordination
with appropriate Federal agencies and the States.
(7) While FEMA's dam safety program shall continue as a
proper Federal undertaking and shall provide the foundation for
a National Dam Safety Program, statutory authority to meet
increasing needs and to discharge Federal responsibilities in
national dam safety is needed.
(8) Statutory authority will strengthen FEMA's leadership
role, will codify the national dam safety program, and will
authorize the Director of FEMA (hereinafter in this section
referred to as the ``Director'') to communicate directly with
Congress on authorizations and appropriations and to build upon
the hazard reduction aspects of national dam safety.
(c) Purpose.--It is the purpose of this section to reduce the risks
to life and property from dam failure in the United States through the
establishment and maintenance of an effective national dam safety
program which will bring together the Federal and non-Federal
communities' expertise and resources to achieve national dam safety
hazard reduction. It is not the intent of this section to preempt any
other Federal or State authorities nor is the intent of this section to
mandate State participation in the grant assistance program to be
established under this section.
(d) Definitions.--In this section, the following definitions apply:
(1) Federal agency.--The term ``Federal agency'' means any
Federal agency that designs, finances, constructs, owns,
operates, maintains, or regulates the construction, operation,
or maintenance of any dam.
(2) Non-federal agency.--The term ``non-Federal agency''
means any State agency that has regulatory authority over the
safety of non-Federal dams.
(3) Federal guidelines for dam safety.--The term ``Federal
Guidelines for Dam Safety'' refers to a FEMA publication number
93, dated June 1979, which defines management practices for dam
safety at all Federal agencies.
(4) Program.--The term ``program'' means the national dam
safety program established under subsection (e).
(5) Dam.--The term ``dam'' means any artificial barrier
with the ability to impound water, wastewater, or liquid-borne
materials for the purpose of storage or control of water which
is--
(A) 25 feet or more in height from (i) the natural
bed of the stream or watercourse measured at the
downstream toe of the barrier, or (ii) from the lowest
elevation of the outside limit of the barrier if the
barrier is not across a stream channel or watercourse,
to the maximum water storage elevation; or
(B) has an impounding capacity for maximum storage
elevation of 50 acre-feet or more.
Such term does not include any such barrier which is not
greater than 6 feet in height regardless of storage capacity or
which has a storage capacity at maximum water storage elevation
not greater than 15 acre-feet regardless of height, unless such
barrier, due to its location or other physical characteristics,
is likely to pose a significant threat to human life or
property in the event of its failure. Such term does not
include a levee.
(6) Hazard reduction.--The term ``hazard reduction'' means
those efforts utilized to reduce the potential consequences of
dam failure to life and property.
(7) State.--The term ``State'' means each of the 50 States
of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam, American
Samoa, the Commonwealth of the Northern Mariana Islands, and
any other territory or possession of the United States.
(8) Participating state.--The term ``participating State''
means any State that elects to participate in the grant
assistance program established under this Act.
(9) United states.--The term ``United States'' means, when
used in a geographical sense, all of the States.
(10) Model state dam safety program.--The term ``Model
State Dam Safety Program'' refers to a document, published by
FEMA (No. 123, dated April 1987) and its amendments, developed
by State dam safety officials, which acts as a guideline to
State dam safety agencies for establishing a dam safety
regulatory program or improving an already-established program.
(e) National Dam Safety Program.--
(1) Authority.--The Director, in consultation with
appropriate Federal agencies, State dam safety agencies, and
the National Dam Safety Review Board established by paragraph
(5)(C), shall establish and maintain, in accordance with the
provisions and policies of this Act, a coordinated national dam
safety program. This program shall--
(A) be administered by FEMA to achieve the
objectives set forth in paragraph (3);
(B) involve, where appropriate, the Departments of
Agriculture, Defense, Energy, Interior, and Labor, the
Federal Energy Regulatory Commission, the Nuclear
Regulatory Commission, the International Boundaries
Commission (United States section), the Tennessee
Valley Authority, and FEMA; and
(C) include each of the components described in
paragraph (4), the implementation plan described in
paragraph (5), and the assistance for State dam safety
programs to be provided under this section.
(2) Duties.--The Director--
(A) within 270 days after the date of the enactment
of this Act, shall develop the implementation plan
described in paragraph (5);
(B) within 300 days after such date of enactment,
shall submit to the appropriate authorizing committees
of Congress the implementation plan described in
paragraph (5); and
(C) by rule within 360 days after such date of
enactment--
(i) shall develop and implement the
national dam safety program under this section;
(ii) shall establish goals, priorities, and
target dates for implementation of the program;
and
(iii) shall provide a method for
cooperation and coordination with, and
assistance to (as feasible), interested
governmental entities in all States.
(3) Objectives.--The objectives of the national dam safety
program are as follows:
(A) To ensure that new and existing dams are safe
through the development of technologically and
economically feasible programs and procedures for
national dam safety hazard reduction.
(B) To encourage acceptable engineering policies
and procedures used for dam site investigation, design,
construction, operation and maintenance, and emergency
preparedness.
(C) To encourage establishment and implementation
of effective dam safety programs in each participating
State based on State standards.
(D) To develop and encourage public awareness
projects to increase public acceptance and support of
State dam safety programs.
(E) To develop technical assistance materials for
Federal and non-Federal dam safety programs.
(F) To develop mechanisms with which to provide
Federal technical assistance for dam safety to the non-
Federal sector.
(4) Components.--
(A) In general.--The national dam safety program
shall consist of a Federal element and a non-Federal
element and 3 functional activities: leadership,
technical assistance, and public awareness.
(B) Elements.--
(i) Federal element.--The Federal element
of the program incorporates all the activities
and practices undertaken by Federal agencies to
implement the Federal Guidelines for Dam
Safety.
(ii) Non-federal element.--The non-Federal
element of the program involves the activities
and practices undertaken by participating
States, local governments, and the private
sector to safely build, regulate, operate, and
maintain dams and Federal activities which
foster State efforts to develop and implement
effective programs for the safety of dams.
(C) Activities.--
(i) Leadership activity.--The leadership
activity of the program shall be the
responsibility of FEMA. FEMA shall coordinate
Federal efforts in cooperation with appropriate
Federal agencies and State dam safety agencies.
(ii) Technical assistance activity.--The
technical assistance activity of the program
involves the transfer of knowledge and
technical information among the Federal and
non-Federal elements.
(iii) Public awareness activity.--The
public awareness activity provides for the
education of the public, including State and
local officials, to the hazards of dam failure
and ways to reduce the adverse consequences of
dam failure and related matters.
(5) Grant assistance program.--The Director shall develop
an implementation plan which shall demonstrate dam safety
improvements through fiscal year 2001 and shall recommend
appropriate roles for Federal agencies and for State and local
units of government, individuals, and private organizations.
The implementation plan shall provide, at a minimum, for the
following:
(A) Assistance program.--In order to encourage the
establishment and maintenance of effective programs
intended to ensure dam safety to protect human life and
property and to improve such existing programs, the
Director shall provide, from amounts made available
under subsection (g) of this section, assistance to
participating States to establish and maintain dam
safety programs, first, according to the basic
provisions for a dam safety program listed below and,
second, according to more advanced requirements and
standards authorized by the review board under
subparagraph (C) and the Director with the assistance
of established criteria such as the Model State Dam
Safety Program. Participating State dam safety programs
must be working toward meeting the following primary
criteria to be eligible for primary assistance or must
meet the following primary criteria prior to working
toward advanced assistance:
(i) State legislation.--A dam safety
program must be authorized by State legislation
to include, at a minimum, the following:
(I) Plan review and approval.--
Authority to review and approve plans
and specifications to construct,
enlarge, modify, remove, or abandon
dams.
(II) Periodic inspections during
construction.--Authority to perform
periodic inspections during
construction for the purpose of
ensuring compliance with approved plans
and specifications.
(III) State approval.--Upon
completion of construction, a
requirement that, before operation of
the structure, State approval is
received.
(IV) Safety inspections.--Authority
to require or perform the inspection of
all dams and reservoirs that pose a
significant threat to human life and
property in the event of failure at
least every 5 years to determine their
continued safety and a procedure for
more detailed and frequent safety
inspections.
(V) Professional engineer.--A
requirement that all inspections be
performed under the supervision of a
registered professional engineer with
related experience in dam design and
construction.
(VI) Orders.--Authority to issue
orders, when appropriate, to require
owners of dams to perform necessary
maintenance or remedial work, revise
operating procedures, or take other
actions, including breaching dams when
deemed necessary.
(VII) Regulations.--Rules and
regulations for carrying out the
provisions of the State's legislative
authority.
(VIII) Emergency funds.--Necessary
emergency funds to assure timely
repairs or other changes to, or removal
of, a dam in order to protect human
life and property and, if the owner
does not take action, to take
appropriate action as expeditiously as
possible.
(IX) Emergency procedures.--A
system of emergency procedures that
would be utilized in the event a dam
fails or in the event a dam's failure
is imminent, together with an
identification of those dams where
failure could be reasonably expected to
endanger human life and of the maximum
area that could be inundated in the
event of a failure of the dam, as well
as identification of those necessary
public facilities that would be
affected by such inundation.
(ii) State appropriations.--State
appropriations must be budgeted to carry out
the provisions of the State legislation.
(B) Work plan contracts.--The Director shall enter
into contracts with each participating State to
determine a work plan necessary for a particular State
dam safety program to reach a level of program
performance previously agreed upon in the contract.
Federal assistance under this section shall be provided
to aid the State dam safety program in achieving its
goal.
(C) National dam safety review board.--
(i) In general.--There is authorized to be
established a National Dam Safety Review Board
(hereinafter in this section referred to as the
``Board''), which shall be responsible for
monitoring participating State implementation
of the requirements of the assistance program.
The Board is authorized to utilize the
expertise of other agencies of the United
States and to enter into contracts for
necessary studies to carry out the requirements
of this section. The Board shall consist of 11
members selected for their expertise in dam
safety as follows:
(I) 5 to represent FEMA, the
Federal Energy Regulatory Commission,
and the Departments of Agriculture,
Defense, and Interior.
(II) 5 members selected by the
Director who are dam safety officials
of States.
(III) 1 member selected by the
Director to represent the United States
Committee on Large Dams.
(ii) No compensation of members.--Each
member of the Board who is an officer or
employee of the United States shall serve
without compensation in addition to
compensation received for the services of the
member as an officer or employee of the United
States. Each member of the Board who is not an
officer or employee of the United States shall
serve without compensation.
(iii) Travel expenses.--Each member of the
Board shall be allowed travel expenses,
including per diem in lieu of subsistence, at
rates authorized for an employee of an agency
under subchapter I of chapter 57 of title 5,
United States Code, while away from home or
regular place of business of the member in the
performance of services for the Board.
(iv) Nonapplicability of federal advisory
committee act.--The Federal Advisory Committee
Act (5 U.S.C. App.) shall not apply to the
Board.
(D) Maintenance of effort.--No grant may be made to
a participating State under this subsection in any
fiscal year unless the State enters into such agreement
with the Director as the Director may require to ensure
that the participating State will maintain its
aggregate expenditures from all other sources for
programs to assure dam safety for the protection of
human life and property at or above the average level
of such expenditures in its 2 fiscal years preceding
the date of the enactment of this Act.
(E) Procedure for approval of state
participation.--Any program which is submitted to the
Director for participation in the assistance program
under this subsection shall be deemed approved 120 days
following its receipt by the Director unless the
Director determines within such 120-day period that the
submitted program fails to reasonably meet the
requirements of subparagraphs (A) and (B). If the
Director determines the submitted program cannot be
approved for participation, the Director shall
immediately notify the State in writing, together with
his or her reasons and those changes needed to enable
the submitted program to be approved.
(F) Review of state programs.--Utilizing the
expertise of the Board, the Director shall periodically
review the approved State dam safety programs. In the
event the Board finds that a program of a participating
State has proven inadequate to reasonably protect human
life and property and the Director agrees, the Director
shall revoke approval of the State's participation in
the assistance program and withhold assistance under
this section, until the State program has been
reapproved.
(G) Cooperation of federal agencies.--The head of
any Federal agency, when requested by any State dam
safety agency, shall provide information on the
construction, operation, or maintenance of any dam or
allow officials of the State agency to participate in
any Federal inspection of any dam.
(H) Dam insurance report.--Within 180 days after
the date of the enactment of this Act, the Director
shall report to the Congress on the availability of dam
insurance and make recommendations.
(f) Biennial Report.--Within 90 days after the last day of each
odd-numbered fiscal year, the Director shall submit a biennial report
to Congress describing the status of the program being implemented
under this section and describing the progress achieved by the Federal
agencies during the 2 previous years in implementing the Federal
Guidelines for Dam Safety. Each such report shall include any
recommendations for legislative and other action deemed necessary and
appropriate. The report shall also include a summary of the progress
being made in improving dam safety by participating States.
(g) Authorizing of Appropriations.--
(1) General program.--
(A) Funding.--There are authorized to be
appropriated to the Director to carry out the
provisions of subsections (e) and (f) (in addition to
any authorizations for similar purposes included in
other Acts and the authorizations set forth in
paragraphs (2) through (5) of this subsection)--
(i) $1,000,000 for fiscal year 1997;
(ii) $2,000,000 for fiscal year 1998;
(iii) $4,000,000 for fiscal year 1999;
(iv) $4,000,000 for fiscal year 2000; and
(v) $4,000,000 for fiscal year 2001.
(B) Apportionment formula.--
(i) In general.--Subject to clause (ii),
sums appropriated under this paragraph shall be
distributed annually among participating States
on the following basis: One-third among those
States determined in subsection (e) as
qualifying for funding, and two-thirds in
proportion to the number of dams and appearing
as State-regulated dams on the National Dam
Inventory in each participating State that has
been determined in subsection (e)(5)(A) as
qualifying for funding, to the number of dams
in all participating States.
(ii) Limitation to 50 percent of cost.--In
no event shall funds distributed to any State
under this paragraph exceed 50 percent of the
reasonable cost of implementing an approved dam
safety program in such State.
(iii) Allocation between primary and
advanced assistance programs.-- The Director
and Review Board shall determine how much of
funds appropriated under this paragraph is
allotted to participating States needing
primary funding and those needing advanced
funding.
(2) Training.--
(A) In general.--The Director shall, at the request
of any State that has or intends to develop a dam
safety program under subsection (e)(5)(A), provide
training for State dam safety staff and inspectors.
(B) Funding.--There is authorized to be
appropriated to carry out this paragraph $500,000 for
each of fiscal years 1997 through 2001.
(3) Research.--
(A) In general.--The Director shall undertake a
program of technical and archival research in order to
develop improved techniques, historical experience, and
equipment for rapid and effective dam construction,
rehabilitation, and inspection, together with devices
for the continued monitoring, of dams for safety
purposes.
(B) State participation; reports.--The Director
shall provide for State participation in the research
under this paragraph and periodically advise all States
and Congress of the results of such research.
(C) Funding.--There is authorized to be
appropriated to carry out this paragraph $1,000,000 for
each of fiscal years 1997 through 2001.
(4) Dam inventory.--
(A) Maintenance and publication.--The Secretary is
authorized to maintain and periodically publish updated
information on the inventory of dams.
(B) Funding.--There is authorized to be
appropriated to carry out this paragraph $500,000 for
each of fiscal years 1997 through 2001.
(5) Personnel.--
(A) Employment.--The Director is authorized to
employ additional staff personnel in numbers sufficient
to carry out the provisions of this section.
(B) Funding.--There is authorized to be
appropriated to carry out this paragraph $400,000 for
each of fiscal years 1997 through 2001.
(6) Limitation.--No funds authorized by this section shall
be used to construct or repair any Federal or non-Federal dams.
(h) Conforming Amendments.--The Act entitled ``An Act to authorize
the Secretary of the Army to undertake a national program of inspection
of dams'', approved August 8, 1972 (33 U.S.C 467-467m; Public Law 92-
367), is amended--
(1) in the first section by striking ``means any artificial
barrier'' and all that follows through the period at the end
and inserting ``has the meaning such term has under subsection
(d) of the National Dam Safety Program Act of 1996.'';
(2) by striking the 2d sentence of section 3;
(3) by striking section 5 and sections 7 through 14; and
(4) by redesignating section 6 as section 5.
SEC. 216. MAINTENANCE, REHABILITATION, AND MODERNIZATION OF FACILITIES.
In accomplishing the maintenance, rehabilitation, and modernization
of hydroelectric power generating facilities at water resources
projects under the jurisdiction 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.
SEC. 217. LONG-TERM SEDIMENT MANAGEMENT STRATEGIES.
(a) Development.--The Secretary shall enter into cooperative
agreements with non-Federal sponsors of navigation projects for
development of long-term management strategies for controlling
sediments in such projects.
(b) Contents of Strategies.--Each strategy developed under this
section for a navigation project--
(1) shall include assessments of the following with respect
to the project: sediment rates and composition, sediment
reduction options, dredging practices, long-term management of
any dredged material disposal facilities, remediation of such
facilities, and alternative disposal and reuse options;
(2) shall include a timetable for implementation of the
strategy; and
(3) shall incorporate, as much as possible, relevant
ongoing planning efforts, including remedial action planning,
dredged material management planning, harbor and waterfront
development planning, and watershed management planning.
(c) Consultation.--In developing strategies under this section, the
Secretary shall consult with interested Federal agencies, States, and
Indian tribes and provide an opportunity for public comment.
SEC. 218. DREDGED MATERIAL DISPOSAL FACILITY PARTNERSHIPS.
(a) Additional Capacity.--
(1) Provided by secretary.--At the request of a non-Federal
project sponsor, the Secretary may provide additional capacity
at a dredged material disposal facility constructed by the
Secretary beyond that which would be required for project
purposes if the non-Federal project sponsor agrees to pay,
during the period of construction, all costs associated with
the construction of the additional capacity.
(2) Cost recovery authority.--The non-Federal project
sponsor may recover the costs assigned to the additional
capacity through fees assessed on 3rd parties whose dredged
material is deposited in the facility and who enter into
agreements with the non-Federal sponsor for the use of such
facility. The amount of such fees may be determined by the non-
Federal sponsor.
(b) Non-Federal use of Disposal Facilities.--
(1) In general.--The Secretary--
(A) may permit the use of any dredged material
disposal facility under the jurisdiction of, or managed
by, the Secretary by a non-Federal interest if the
Secretary determines that such use will not reduce the
availability of the facility for project purposes; and
(B) may impose fees to recover capital, operation,
and maintenance costs associated with such use.
(2) Use of fees.--Notwithstanding section 401(c) of the
Federal Water Pollution Control Act but subject to advance
appropriations, any monies received through collection of fees
under this subsection shall be available to the Secretary, and
shall be used by the Secretary, for the operation and
maintenance of the disposal facility from which they were
collected.
(c) Public-Private Partnerships.--
(1) In general.--The Secretary may carry out a program to
evaluate and implement opportunities for public-private
partnerships in the design, construction, management, or
operation of dredged material disposal facilties in connection
with construction or maintenance of Federal navigation
projects.
(2) Private financing.--
(A) Agreements.--In carrying out this subsection,
the Secretary may enter into an agreement with a
project sponsor, a private entity, or both for the
acquisition, design, construction, management, or
operation of a dredged material disposal facility
(including any facility used to demonstrate potential
beneficial uses of dredged material) using funds
provided in whole or in part by the private entity.
(B) Reimbursement.--If any funds provided by a
private entity are used to carry out a project under
this subsection, the Secretary may reimburse the
private entity over a period of time agreed to by the
parties to the agreement through the payment of
subsequent user fees. Such fees may include the payment
of a disposal or tipping fee for placement of suitable
dredged material at the facility.
(C) Amount of fees.--User fees paid pursuant to
subparagraph (B) shall be sufficient to repay funds
contributed by the private entity plus a reasonable
return on investment approved by the Secretary in
cooperation with the project sponsor and the private
entity.
(D) Federal share.--The Federal share of such fee
shall be equal to the percentage of the total cost
which would otherwise be borne by the Federal
Government as required pursuant to existing cost
sharing requirements, including section 103 of the
Water Resources Development Act of 1986 (33 U.S.C.
2213) and section 204 of the Water Resources
Development Act of 1992 (33 U.S.C. 2325).
(E) Budget act compliance.--Any spending authority
(as defined in section 401(c)(2) of the Congressional
Budget Act of 1974 (2 U.S.C. 651(c)(2)) authorized by
this section shall be effective only to such extent and
in such amounts as are provided in appropriation Acts.
SEC. 219. OBSTRUCTION REMOVAL REQUIREMENT.
(a) Penalty.--Section 16 of the Act of March 3, 1899 (33 U.S.C.
411; 30 Stat. 1153), is amended--
(1) by striking ``thirteen, fourteen, and fifteen'' each
place it appears and inserting ``13, 14, 15, 19, and 20''; and
(2) by striking ``not exceeding twenty-five hundred dollars
nor less than five hundred dollars'' and inserting ``of up to
$25,000 per day''.
(b) General Authority.--Section 20 of the Act of March 3, 1899 (33
U.S.C. 415; 30 Stat. 1154), is amended--
(1) by striking ``expense'' the first place it appears in
subsection (a) and inserting ``actual expense, including
administrative expenses,'';
(2) in subsection (b) by striking ``cost'' and inserting
``actual cost, including administrative costs,'';
(3) by redesignating subsection (b) as subsection (c); and
(4) by inserting after subsection (a) the following new
subsection:
``(b) Removal Requirement.--Within 24 hours after the Secretary of
the Department in which the Coast Guard is operating issues an order to
stop or delay navigation in any navigable waters of the United States
because of conditions related to the sinking or grounding of a vessel,
the owner or operator of the vessel, with the approval of the Secretary
of the Army, shall begin removal of the vessel using the most
expeditious removal method available or, if appropriate, secure the
vessel pending removal to allow navigation to resume. If the owner or
operator fails to begin removal or to secure the vessel pending removal
or fails to complete removal as soon as possible, the Secretary of the
Army shall remove or destroy the vessel using the summary removal
procedures under subsection (a) of this section.''.
SEC. 220. SMALL PROJECT AUTHORIZATIONS.
Section 14 of the Flood Control Act of 1946 (33 U.S.C. 701r) is
amended--
(1) by striking ``$12,500,000'' and inserting
``$15,000,000''; and
(2) by striking ``$500,000'' and inserting ``$1,500,000''.
SEC. 221. UNECONOMICAL COST-SHARING REQUIREMENTS.
Section 221(a) 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 and are less than $25,000.''.
SEC. 222. PLANNING ASSISTANCE TO STATES.
Section 22 of the Water Resources Development Act of 1974 (42
U.S.C. 1962d-16) is amended--
(1) in subsection (a) by inserting ``, watersheds, or
ecosystems'' after ``basins'';
(2) in subsection (b)--
(A) by striking paragraph (2); and
(B) by redesignating paragraphs (3) and (4) as
paragraphs (2) and (3), respectively; and
(3) in subsection (c)--
(A) by striking ``$6,000,000'' and inserting
``$10,000,000''; and
(B) by striking ``$300,000'' and inserting
``$500,000''.
SEC. 223. CORPS OF ENGINEERS EXPENSES.
Section 211 of the Flood Control Act of 1950 (33 U.S.C. 701u; 64
Stat. 183) is amended--
(1) by striking ``continental limits of the''; and
(2) by striking the 2d colon and all that follows through
``for this purpose''.
SEC. 224. STATE AND FEDERAL AGENCY REVIEW PERIOD.
The 1st section of the Act entitled ``An Act authorizing the
construction of certain public works on rivers and harbors for flood
control, and other purposes'', approved December 22, 1944 (33 U.S.C.
701-1(a); 58 Stat. 888), is amended--
(1) by striking ``Within ninety'' and inserting ``Within
30''; and
(2) by striking ``ninety-day period.'' and inserting ``30-
day period.''.
SEC. 225. LIMITATION ON REIMBURSEMENT OF NON-FEDERAL COSTS PER PROJECT.
Section 215(a) of the Flood Control Act of 1968 (42 U.S.C. 1962d-
5a(a)) is amended--
(1) by striking ``$3,000,000'' and inserting
``$5,000,000''; and
(2) by striking the final period.
SEC. 226. AQUATIC PLANT CONTROL.
(a) Additional Controlled Plants.--Section 104(a) of the River and
Harbor Act of 1958 (33 U.S.C. 610(a)) is amended by inserting after
``alligatorweed,'' the following: ``melaleuca,''.
(b) Authorization.--Section 104(b) of such Act (33 U.S.C. 610(b))
is amended by striking ``$12,000,000'' and inserting ``$15,000,000''.
SEC. 227. SEDIMENTS DECONTAMINATION TECHNOLOGY.
(a) Project Purpose.--Section 405(a) of the Water Resources
Development Act of 1992 (33 U.S.C. 2239 note; 106 Stat. 4863) is
amended by adding at the end the following:
``(3) Project purpose.--The purpose of the project to be
carried out under this section is to provide for the
development of 1 or more sediment decontamination technologies
on a pilot scale demonstrating a capacity of at least 500,000
cubic yards per year.''.
(b) Authorization of Appropriations.--The first sentence of section
405(c) of such Act is amended to read as follows: ``There is authorized
to be appropriated to carry out this section $10,000,000 for fiscal
years beginning after September 30, 1996.''.
(c) Reports.--Section 405 of such Act is amended by adding at the
end the following:
``(d) Reports.--Not later than September 30, 1998, and periodically
thereafter, the Administrator and the Secretary shall transmit to
Congress a report on the results of the project to be carried out under
this section, including an assessment of the progress made in achieving
the intent of the program set forth in subsection (a)(3).''.
SEC. 228. SHORE PROTECTION.
(a) Declaration of Policy.--Subsection (a) of the first section of
the Act entitled ``An Act authorizing Federal participation in the cost
of protecting the shores of publicly owned property'', approved August
13, 1946 (33 U.S.C. 426e; 60 Stat. 1056), is amended--
(1) by striking ``damage to the shores'' and inserting
``damage to the shores and beaches''; and
(2) by striking ``the following provisions'' and all that
follows through the period at the end of subsection (a) and
inserting the following: ``this Act, to promote shore
protection projects and related research that encourage the
protection, restoration, and enhancement of sandy beaches,
including beach restoration and periodic beach nourishment, on
a comprehensive and coordinated basis by the Federal
Government, States, localities, and private enterprises. In
carrying out this policy, preference shall be given to areas in
which there has been a Federal investment of funds and areas
with respect to which the need for prevention or mitigation of
damage to shores and beaches is attributable to Federal
navigation projects or other Federal activities.''.
(b) Nonpublic Shores.--Subsection (d) of such section is amended by
striking ``or from the protection of nearby public property or'' and
inserting ``, if there are sufficient benefits, including benefits to
local and regional economic development and to the local and regional
ecology (as determined under subsection (e)(2)(B)), or''; and
(c) Authorization of Projects.--Subsection (e) of such section is
amended--
(1) by striking ``(e) No'' and inserting the following:
``(e) Authorization of Projects.--
``(1) In general.--No'';
(2) by moving the remainder of the text of paragraph (1)
(as designated by paragraph (1) of this subsection) 2 ems to
the right; and
(3) by adding at the end the following:
``(2) Studies.--
``(A) In general.--The Secretary shall--
``(i) recommend to Congress studies
concerning shore protection projects that meet
the criteria established under this Act
(including subparagraph (B)(iii)) and other
applicable law;
``(ii) conduct such studies as Congress
requires under applicable laws; and
``(iii) report the results of the studies
to the appropriate committees of Congress.
``(B) Recommendations for shore protection
projects.--
``(i) In general.--The Secretary shall
recommend to Congress the authorization or
reauthorization of shore protection projects
based on the studies conducted under
subparagraph (A).
``(ii) Considerations.--In making
recommendations, the Secretary shall consider
the economic and ecological benefits of a shore
protection project and the ability of the non-
Federal interest to participate in the project.
``(iii) Consideration of local and regional
benefits.--In analyzing the economic and
ecological benefits of a shore protection
project, or a flood control or other water
resource project the purpose of which includes
shore protection, the Secretary shall consider
benefits to local and regional economic
development, and to the local and regional
ecology, in calculating the full economic and
ecological justifications for the project.
``(C) Coordination of projects.--In conducting
studies and making recommendations for a shore
protection project under this paragraph, the Secretary
shall--
``(i) determine whether there is any other
project being carried out by the Secretary or
the head of another Federal agency that may be
complementary to the shore protection project;
and
``(ii) if there is such a complementary
project, describe the efforts that will be made
to coordinate the projects.
``(3) Shore protection projects.--
``(A) In general.--The Secretary shall construct,
or cause to be constructed, any shore protection
project authorized by Congress, or separable element of
such a project, for which funds have been appropriated
by Congress.
``(B) Agreements.--
``(i) Requirement.--After authorization by
Congress, and before commencement of
construction, of a shore protection project or
separable element, the Secretary shall enter
into a written agreement with a non-Federal
interest with respect to the project or
separable element.
``(ii) Terms.--The agreement shall--
``(I) specify the life of the
project; and
``(II) ensure that the Federal
Government and the non-Federal interest
will cooperate in carrying out the
project or separable element.
``(C) Coordination of projects.--In constructing a
shore protection project or separable element under
this paragraph, the Secretary shall, to the extent
practicable, coordinate the project or element with any
complementary project identified under paragraph
(2)(C).
``(4) Report to congress.--The Secretary shall report
biennially to the appropriate committees of Congress on the
status of all ongoing shore protection studies and shore
protection projects carried out under the jurisdiction of the
Secretary.''.
(d) Requirement of Agreements Prior to Reimbursements.--
(1) Small shore protection projects.--Section 2 of the Act
entitled ``An Act authorizing Federal participation in the cost
of protecting the shores of publicly owned property'', approved
August 13, 1946 (33 U.S.C. 426f; 60 Stat. 1056), is amended--
(A) by striking ``Sec. 2. The Secretary of the
Army'' and inserting the following:
``SEC. 2. REIMBURSEMENTS.
``(a) In General.--The Secretary'';
(B) in subsection (a) (as so designated)--
(i) by striking ``local interests'' and
inserting ``non-Federal interests'';
(ii) by inserting ``or separable element of
the project'' after ``project''; and
(iii) by inserting ``or separable
elements'' after ``projects'' each place it
appears; and
(C) by adding at the end the following:
``(b) Agreements.--
``(1) Requirement.--After authorization of reimbursement by
the Secretary under this section, and before commencement of
construction, of a shore protection project, the Secretary
shall enter into a written agreement with the non-Federal
interest with respect to the project or separable element.
``(2) Terms.--The agreement shall--
``(A) specify the life of the project; and
``(B) ensure that the Federal Government and the
non-Federal interest will cooperate in carrying out the
project or separable element.''.
(2) Other shoreline protection projects.--Section
206(e)(1)(A) of the Water Resources Development Act of 1992 (33
U.S.C. 426i-1(e)(1)(A); 106 Stat. 4829) is amended by inserting
before the semicolon the following: ``and enters into a written
agreement with the non-Federal interest with respect to the
project or separable element (including the terms of
cooperation)''.
(e) State and Regional Plans.--The Act entitled ``An Act
authorizing Federal participation in the cost of protecting the shores
of publicly owned property'', approved August 13, 1946, is further
amended--
(1) by redesignating section 4 (33 U.S.C. 426h) as section
5; and
(2) by inserting after section 3 (33 U.S.C. 426g) the
following:
``SEC. 4. STATE AND REGIONAL PLANS.
``The Secretary may--
``(1) cooperate with any State in the preparation of a
comprehensive State or regional plan for the conservation of
coastal resources located within the boundaries of the State;
``(2) encourage State participation in the implementation
of the plan; and
``(3) submit to Congress reports and recommendations with
respect to appropriate Federal participation in carrying out
the plan.''.
(f) Definitions.--
(1) In general.--Section 5 of the Act entitled ``An Act
authorizing Federal participation in the cost of protecting the
shores of publicly owned property'', approved August 13, 1946
(33 U.S.C. 426h), (as redesignated by subsection (e)(1)) is
amended to read as follows:
``SEC. 5. DEFINITIONS.
``In this Act, the following definitions apply:
``(1) Secretary.--The term `Secretary' means the Secretary
of the Army, acting through the Chief of Engineers.
``(2) Separable element.--The term `separable element' has
the meaning provided by section 103(f) of the Water Resources
Development Act of 1986 (33 U.S.C. 2213(f)).
``(3) Shore.--The term `shore' includes each shoreline of
the Atlantic and Pacific Oceans, the Gulf of Mexico, the Great
Lakes, and lakes, estuaries, and bays directly connected
therewith.
``(4) Shore protection project.--The term `shore protection
project' includes a project for beach nourishment, including
the replacement of sand.''.
(2) Conforming amendments.--The Act entitled ``An Act
authorizing Federal participation in the cost of protecting the
shores of publicly owned property'', approved August 13, 1946,
is amended--
(A) in subsection (b)(3) of the first section (33
U.S.C. 426e(b)(3)) by striking ``of the Army, acting
through the Chief of Engineers,'' and by striking the
final period; and
(B) in section 3 (33 U.S.C. 426g) by striking
``Secretary of the Army'' and inserting ``Secretary''.
(g) Objectives of Projects.--Section 209 of the Flood Control Act
of 1970 (42 U.S.C. 1962-2; 84 Stat. 1829) is amended by inserting
``(including shore protection projects such as projects for beach
nourishment, including the replacement of sand)'' after ``water
resource projects''.
SEC. 229. PROJECT DEAUTHORIZATIONS.
(a) In General.--Section 1001(b)(2) of the Water Resources
Development Act of 1986 (33 U.S.C. 579a(b)(2)) is amended--
(1) by striking ``Before'' at the beginning of the second
sentence and inserting ``Upon''; and
(2) by inserting ``planning, designing, or'' before
``construction'' in the last sentence.
(b) Technical Amendment.--Section 52 of the Water Resources
Development Act of 1988 (33 U.S.C. 579a note; 102 Stat. 4044) is
amended--
(1) by striking subsection (a); and
(2) by redesignating subsections (b), (c), (d), and (e) as
subsections (a), (b), (c), and (d), respectively.
SEC. 230. SUPPORT OF ARMY CIVIL WORKS PROGRAM.
(a) General Authority.--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 nonprofit organizations.
(b) Special Rules.--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. 231. BENEFITS TO NAVIGATION.
In evaluating potential improvements to navigation and the
maintenance of navigation projects, the Secretary shall consider, and
include for purposes of project justification, economic benefits
generated by cruise ships as commercial navigation benefits.
SEC. 232. LOSS OF LIFE PREVENTION.
Section 904 of the Water Resources Development Act of 1986 (33
U.S.C. 2281) is amended by inserting ``including the loss of life which
may be associated with flooding and coastal storm events,'' after
``costs,''.
SEC. 233. SCENIC AND AESTHETIC CONSIDERATIONS.
In conducting studies of potential water resources projects, the
Secretary shall consider measures to preserve and enhance scenic and
aesthetic qualities in the vicinity of such projects.
SEC. 234. REMOVAL OF STUDY PROHIBITIONS.
Nothing in section 208 of the Urgent Supplemental Appropriations
Act, 1986 (100 Stat. 749), section 505 of the Energy and Water
Development Appropriations Act, 1993 (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 with funds appropriated
after the date of the enactment of this Act.
SEC. 235. SENSE OF CONGRESS; REQUIREMENT REGARDING NOTICE.
(a) Purchase of American-Made Equipment and Products.--It is the
sense of Congress that, to the greatest extent practicable, all
equipment and products purchased with funds made available under this
Act should be American-made.
(b) Notice to Recipients of Assistance.--In providing financial
assistance under this Act, the Secretary, to the greatest extent
practicable, shall provide to each recipient of the assistance a notice
describing the statement made in subsection (a).
SEC. 236. RESERVOIR MANAGEMENT TECHNICAL ADVISORY COMMITTEE.
Section 310 of the Water Resources Development Act of 1990 (33
U.S.C. 2319; 104 Stat. 4639) is amended--
(1) by striking subsection (a); and
(2) by striking ``(b) Public Participa-tion.--''.
SEC. 237. TECHNICAL CORRECTIONS.
(a) Section 203 of 1992 Act.--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 of 1992 Act.--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)''.
TITLE III--PROJECT MODIFICATIONS
SEC. 301. MOBILE HARBOR, ALABAMA.
The undesignated paragraph under the heading ``mobile harbor,
alabama'' in section 201(a) of the Water Resources Development Act of
1986 (100 Stat. 4090) is amended by striking the first semicolon and
all that follows and inserting a period and the following: ``In
disposing of dredged material from such project, the Secretary, after
compliance with applicable laws and after opportunity for public review
and comment, may consider alternatives to disposal of such material in
the Gulf of Mexico, including environmentally acceptable alternatives
for beneficial uses of dredged material and environmental
restoration.''.
SEC. 302. ALAMO DAM, ARIZONA.
The project for flood control and other purposes, Alamo Dam and
Lake, Arizona, authorized by section 10 of the River and Harbor Act of
December 22, 1944, (58 Stat. 900), is modified to authorize the
Secretary to operate the Alamo Dam to provide fish and wildlife
benefits both upstream and downstream of the Dam. Such operation shall
not reduce flood control and recreation benefits provided by the
project.
SEC. 303. NOGALES WASH AND TRIBUTARIES, ARIZONA.
The project for flood control, Nogales Wash and tributaries,
Arizona, authorized by section 101(a)(4) of the Water Resources
Development Act of 1990 (104 Stat. 4606), is modified to direct the
Secretary to permit the non-Federal contribution for the project to be
determined in accordance with sections 103(k) and 103(m) of the Water
Resources Development Act of 1986 and to direct the Secretary to enter
into negotiations with non-Federal interests pursuant to section 103(l)
of such Act concerning the timing of the initial payment of the non-
Federal contribution.
SEC. 304. PHOENIX, ARIZONA.
Section 321 of the Water Resources Development Act of 1992 (106
Stat. 4848) is amended--
(1) by striking ``control'' and inserting ``control,
ecosystem restoration,''; and
(2) by striking ``$6,500,000.'' and inserting
``$17,500,000.''.
SEC. 305. SAN FRANCISCO RIVER AT CLIFTON, ARIZONA.
The project for flood control, San Francisco River, Clifton,
Arizona, authorized by section 101(a)(3) of the Water Resources
Development Act of 1990 (104 Stat. 4606), is modified to authorize the
Secretary to construct the project at a total cost of $21,100,000, with
an estimated Federal cost of $13,800,000 and an estimated non-Federal
cost of $7,300,000.
SEC. 306. CHANNEL ISLANDS HARBOR, CALIFORNIA.
The project for navigation, Channel Islands Harbor, Port of
Hueneme, California, authorized by section 101 of the River and Harbor
Act of 1954 (68 Stat. 1252) is modified to direct the Secretary to pay
100 percent of the costs of dredging the Channel Islands Harbor sand
trap.
SEC. 307. GLENN-COLUSA, CALIFORNIA.
The project for flood control, Sacramento River, California,
authorized by section 2 of the Act entitled ``An Act to provide for the
control of the floods of the Mississippi River and the Sacramento
River, California, and for other purposes'', approved March 1, 1917 (39
Stat. 948), and as modified by section 102 of the Energy and Water
Development Appropriations Act, 1990 (103 Stat. 649), is further
modified to authorize the Secretary to carry out the portion of the
project at Glenn-Colusa, California, at a total cost of $14,200,000.
SEC. 308. LOS ANGELES AND LONG BEACH HARBORS, SAN PEDRO BAY,
CALIFORNIA.
The navigation project for Los Angeles and Long Beach Harbors, San
Pedro Bay, California, authorized by section 201(b) of the Water
Resources Development Act of 1986 (100 Stat. 4091), is modified to
provide that, notwithstanding section 101(a)(4) of such Act, the cost
of the relocation of the sewer outfall by the Port of Los Angeles shall
be credited toward the payment required from the non-Federal interest
by section 101(a)(2) of such Act.
SEC. 309. OAKLAND HARBOR, CALIFORNIA.
The projects for navigation, Oakland Outer Harbor, California, and
Oakland Inner Harbor, California, authorized by section 202 of the
Water Resources Development Act of 1986 (100 Stat. 4092), are modified
by combining the 2 projects into 1 project, to be designated as the
Oakland Harbor, California, project. The Oakland Harbor, California,
project shall be prosecuted by the Secretary substantially in
accordance with the plans and subject to the conditions recommended in
the reports designated in such section 202, at a total cost of
$90,850,000, with an estimated Federal cost of $59,150,000 and an
estimated non-Federal cost of $31,700,000. The non-Federal share of
project costs and any available credits toward the non-Federal share
shall be calculated on the basis of the total cost of the combined
project.
SEC. 310. QUEENSWAY BAY, CALIFORNIA.
Section 4(e) of the Water Resources Development Act of 1988 (102
Stat. 4016) is amended by adding at the end the following sentence:
``In addition, the Secretary shall perform advance maintenance dredging
in the Queensway Bay Channel, California, at a total cost of
$5,000,000.''.
SEC. 311. SAN LUIS REY, CALIFORNIA.
The project for flood control of the San Luis Rey River,
California, authorized pursuant to section 201 of the Flood Control Act
of 1965 (42 U.S.C. 1962d-5; 79 Stat. 1073-1074), is modified to
authorize the Secretary to construct the project at a total cost not to
exceed $81,600,000 with an estimated Federal cost of $61,100,000 and an
estimated non-Federal cost of $20,500,000.
SEC. 312. THAMES RIVER, CONNECTICUT.
(a) Reconfiguration of Turning Basin.--The project for navigation,
Thames River, Connecticut, authorized by the first section of the Act
entitled ``An Act authorizing construction, repair, and preservation of
certain public works on rivers and harbors, and for other purposes'',
approved August 30, 1935 (49 Stat. 1029), is modified to make the
turning basin have the following alignment: Starting at a point on the
eastern limit of the existing project, N251052.93, E783934.59, thence
running north 5 degrees 25 minutes 21.3 seconds east 341.06 feet to a
point, N251392.46, E783966.82, thence running north 47 degrees 24
minutes 14.0 seconds west 268.72 feet to a point, N251574.34,
E783769.00, thence running north 88 degrees 41 minutes 52.2 seconds
west 249.06 feet to a point, N251580.00, E783520.00, thence running
south 46 degrees 16 minutes 22.9 seconds west 318.28 feet to a point,
N251360.00, E783290.00, thence running south 19 degrees 01 minute 32.2
seconds east 306.76 feet to a point, N251070.00, E783390.00, thence
running south 45 degrees 00 minutes 00 seconds east 155.56 feet to a
point, N250960.00, E783500.00 on the existing western limit.
(b) Non-Federal Responsibility for Initial Dredging.--Any required
initial dredging of the widened portions of the turning basin
identified in subsection (a) shall be accomplished at non-Federal
expense.
(c) Conforming Deauthorization.--Those portions of the existing
turning basin which are not included in the reconfigured turning basin
as described in subsection (a) shall no longer be authorized after the
date of the enactment of this Act.
SEC. 313. POTOMAC RIVER, WASHINGTON, DISTRICT OF COLUMBIA.
The project for flood protection, Potomac River, Washington,
District of Columbia, authorized by section 5 of the Flood Control Act
of June 22, 1936 (74 Stat. 1574), is modified to authorize the
Secretary to construct the project substantially in accordance with the
General Design Memorandum dated May 1992 at a Federal cost of
$1,800,000; except that a temporary closure may be used instead of a
permanent structure at 17th Street. Operation and maintenance of the
project shall be a Federal responsibility.
SEC. 314. CANAVERAL HARBOR, FLORIDA.
The project for navigation, Canaveral Harbor, Florida, authorized
by section 101(7) of the Water Resources Development Act of 1992 (106
Stat. 4802), is modified to authorize the Secretary to reclassify the
removal and replacement of stone protection on both sides of the
channel as general navigation features. The Secretary shall reimburse
any costs that are incurred by the non-Federal sponsor in connection
with the reclassified work and that the Secretary determines to be in
excess of the non-Federal share of costs for general navigation
features. The Federal and non-Federal shares of the cost of the
reclassified work shall be determined in accordance with section 101 of
the Water Resources Development Act of 1986.
SEC. 315. CAPTIVA ISLAND, FLORIDA.
The project for shoreline protection, Captiva Island, Lee County,
Florida, authorized pursuant to section 201 of the Flood Control Act of
1965 (79 Stat. 1073), is modified to direct the Secretary to reimburse
the non-Federal interest for beach renourishment work accomplished by
such interest as if such work occurred after execution of the agreement
entered into pursuant to section 215 of the Flood Control Act of 1968
(42 U.S.C. 1962d-5) with respect to such project.
SEC. 316. CENTRAL AND SOUTHERN FLORIDA, CANAL 51.
The project for flood protection of West Palm Beach, Florida (C-
51), authorized by section 203 of the Flood Control Act of 1962 (76
Stat. 1183), is modified to provide for the 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'', with such modifications as are
approved by the Secretary. The additional work authorized by this
subsection shall be accomplished at Federal expense. Operation and
maintenance of the stormwater detention area shall be consistent with
regulations prescribed by the Secretary for the Central and Southern
Florida project, and all costs of such operation and maintenance shall
be provided by non-Federal interests.
SEC. 317. CENTRAL AND SOUTHERN FLORIDA, CANAL 111 (C-111).
(a) In General.--The project for Central and Southern Florida,
authorized by section 203 of the Flood Control Act of 1948 (62 Stat.
1176) and modified by section 203 of the Flood Control Act of 1968 (82
Stat. 740-741), is modified to authorize the Secretary to implement the
recommended plan of improvement contained in a 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 by non-Federal interests of such portions of the Frog Pond
and Rocky Glades areas as are needed for the project.
(b) Cost Sharing.--
(1) Federal share.--The Federal share of the cost of
implementing the plan of improvement shall be 50 percent.
(2) Department of interior responsibility.--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. The amount paid by the Department of
the Interior shall be included as part of the Federal share of
the cost of implementing the plan.
(3) Operation and maintenance.--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 the
Everglades National Park.
SEC. 318. JACKSONVILLE HARBOR (MILL COVE), FLORIDA.
The project for navigation, Jacksonville Harbor (Mill Cove),
Florida, authorized by section 601(a) of the Water Resources
Development Act of 1986 (100 Stat. 4139-4140), is modified to direct
the Secretary to carry out a project for flow and circulation
improvement within Mill Cove, at a total cost of $2,000,000, with an
estimated Federal cost of $2,000,000.
SEC. 319. PANAMA CITY BEACHES, FLORIDA.
(a) In General.--The project for shoreline protection, Panama City
Beaches, Florida, authorized by section 501(a) of the Water Resources
Development Act of 1986 (100 Stat. 4133), is modified to direct the
Secretary to enter into an agreement with the non-Federal interest for
carrying out such project in accordance with section 206 of the Water
Resources Development Act of 1992 (106 Stat. 4828).
(b) Report.--Not later than 6 months after the date of the
enactment of this Act, the Secretary shall transmit to Congress a
report on the progress made in carrying out this section.
SEC. 320. TYBEE ISLAND, GEORGIA.
The project for beach erosion control, Tybee Island, Georgia,
authorized pursuant to section 201 of the Flood Control Act of 1968 (42
U.S.C. 1962d-5), is modified to include as an integral part of the
project the portion of the ocean shore of Tybee Island located south of
the existing south terminal groin between 18th and 19th Streets.
SEC. 321. WHITE RIVER, INDIANA.
The project for flood control, Indianapolis on West Fork of the
White River, Indiana, authorized by section 5 of the Flood Control Act
of June 22, 1936 (49 Stat. 1586), is modified to authorize the
Secretary to undertake riverfront alterations as described in the
Central Indianapolis Waterfront Concept Master Plan, dated February
1994, at a total cost of $85,975,000, with an estimated first Federal
cost of $39,975,000 and an estimated first non-Federal cost of
$46,000,000. The cost of work, including relocations undertaken by the
non-Federal interest after February 15, 1994, on features identified in
the Master Plan shall be credited toward the non-Federal share of
project costs.
SEC. 322. CHICAGO, ILLINOIS.
The project for flood control, Chicagoland Underflow Plan,
Illinois, authorized by section 3(a)(5) of the Water Resources
Development Act of 1988 (102 Stat. 4013), is modified to limit the
capacity of the reservoir project not to exceed 11,000,000,000 gallons
or 32,000 acre-feet, to provide that the reservoir project may not be
located north of 55th Street or west of East Avenue in the vicinity of
McCook, Illinois, and to provide that the reservoir project may only be
constructed on the basis of a specific plan that has been evaluated by
the Secretary under the provisions of the National Environmental Policy
Act of 1969.
SEC. 323. CHICAGO LOCK AND THOMAS J. O'BRIEN LOCK, ILLINOIS.
The project for navigation, Chicago Harbor, Lake Michigan,
Illinois, for which operation and maintenance responsibility was
transferred to the Secretary under chapter IV of title I of the
Supplemental Appropriations Act, 1983 (97 Stat. 311) and section 107 of
the Energy and Water Development Appropriation Act, 1982 (95 Stat.
1137) is modified to direct the Secretary to conduct a study to
determine the feasibility of making such structural repairs as are
necessary to prevent leakage through the Chicago Lock and the Thomas J.
O'Brien Lock, Illinois, and to determine the need for installing
permanent flow measurement equipment at such locks to measure any
leakage. The Secretary is authorized to carry out such repairs and
installations as are necessary following completion of the study.
SEC. 324. KASKASKIA RIVER, ILLINOIS.
The project for navigation, Kaskaskia River, Illinois, authorized
by section 101 of the River and Harbor Act of 1962 (76 Stat. 1175), is
modified to add fish and wildlife and habitat restoration as project
purposes.
SEC. 325. LOCKS AND DAM 26, ALTON, ILLINOIS AND MISSOURI.
Section 102(l) of the Water Resources Development Act of 1990 (104
Stat. 4613) is amended--
(1) by striking ``, that requires no separable project
lands and'' and inserting ``on project lands and other
contiguous nonproject lands, including those lands referred to
as the Alton Commons. The recreational development'';
(2) by inserting ``shall be'' before ``at a Federal
construction''; and
(3) by striking ``. The recreational development'' and
inserting ``, and''.
SEC. 326. NORTH BRANCH OF CHICAGO RIVER, ILLINOIS.
The project for flood protection, 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 carry out the project in accordance with the report of the
Corps of Engineers dated March 1994, 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.
SEC. 327. ILLINOIS AND MICHIGAN CANAL.
Section 314(a) of the Water Resources Development Act of 1992 (106
Stat. 4847) is amended by adding at the end the following: ``Such
improvements shall include marina development at Lock 14, to be carried
out in consultation with the Illinois Department of Natural Resources,
at a total cost of $6,374,000.''.
SEC. 328. HALSTEAD, KANSAS.
The project for flood control, Halstead, Kansas, authorized by
section 401(a) of the Water Resources Development Act of 1986 (100
Stat. 4116), is modified to authorize the Secretary to carry out the
project in accordance with the report of the Corps of Engineers dated
March 19, 1993, at a total cost of $11,100,000, with an estimated
Federal cost of $8,325,000 and an estimated non-Federal cost of
$2,775,000.
SEC. 329. LEVISA AND TUG FORKS OF THE BIG SANDY RIVER AND CUMBERLAND
RIVER, KENTUCKY, WEST VIRGINIA, AND VIRGINIA.
The project for flood control, Levisa and Tug Forks of the Big
Sandy River and Cumberland River, Kentucky, West Virginia, and
Virginia, authorized by section 202(a) of the Energy and Water
Development Appropriation Act, 1981 (94 Stat. 1339), is modified to
provide that the minimum level of flood protection to be afforded by
the project shall be the level required to provide protection from a
100-year flood or from the flood of April 1977, whichever level of
protection is greater.
SEC. 330. PRESTONBURG, KENTUCKY.
Section 109(a) of Public Law 104-46 (109 Stat. 408) is amended by
striking ``Modification No. 2'' and inserting ``Modification No. 3''.
SEC. 331. COMITE RIVER, LOUISIANA.
The Comite River Diversion project for flood control, authorized as
part of the project for flood control, Amite River and Tributaries,
Louisiana, by section 101(11) of the Water Resource Development Act of
1992 (106 Stat. 4802-4803), is modified to authorize the Secretary to
construct the project at a total cost of $121,600,000, with an
estimated Federal cost of $70,577,000 and an estimated non-Federal cost
of $51,023,000.
SEC. 332. GRAND ISLE AND VICINITY, LOUISIANA.
The project for hurricane damage prevention, flood control, and
beach erosion along Grand Isle and Vicinity, Louisiana, authorized by
section 204 of the Flood Control Act of 1965 (79 Stat. 1077), is
modified to authorize the Secretary to construct a permanent breakwater
and levee system at a total cost of $17,000,000.
SEC. 333. LAKE PONTCHARTRAIN, LOUISIANA.
The project for hurricane damage prevention and flood control, Lake
Pontchartrain, Louisiana, authorized by section 204 of the Flood
Control Act of 1965 (79 Stat. 1077), is modified to provide that St.
Bernard Parish, Louisiana, and the Lake Borgne Basin Levee District,
Louisiana, shall not be required to pay the unpaid balance, including
interest, of the non-Federal cost-share of the project.
SEC. 334. MISSISSIPPI DELTA REGION, LOUISIANA.
The Mississippi Delta Region project, Louisiana, authorized as part
of the project for hurricane-flood protection project on Lake
Pontchartrain, Louisiana, by section 204 of the Flood Control Act of
1965 (79 Stat. 1077), is modified to direct the Secretary to provide a
credit to the State of Louisiana toward its non-Federal share of the
cost of the project. The credit shall be for the cost incurred by the
State in developing and relocating oyster beds to offset the adverse
impacts on active and productive oyster beds in the Davis Pond project
area but shall not exceed $7,500,000.
SEC. 335. MISSISSIPPI RIVER OUTLETS, VENICE, LOUISIANA.
The project for navigation, Mississippi River Outlets, Venice,
Louisiana, authorized by section 101 of the River and Harbor Act of
1968 (82 Stat. 731), is modified to provide for the extension of the
16-foot deep by 250-foot wide Baptiste Collette Bayou entrance channel
to approximately Mile 8 of the Mississippi River-Gulf Outlet navigation
channel, at a total estimated Federal cost of $80,000.
SEC. 336. RED RIVER WATERWAY, LOUISIANA.
The project for mitigation of fish and wildlife losses, Red River
Waterway, Louisiana, authorized by section 601(a) of the Water
Resources and Development Act of 1986 (100 Stat. 4142) and modified by
section 102(p) of the Water Resources and Development Act of 1990 (104
Stat. 4613), is further modified--
(1) to authorize the Secretary to carry out the project at
a total cost of $10,500,000; and
(2) to provide that lands that are purchased adjacent to
the Loggy Bayou Wildlife Management Area may be located in
Caddo Parish or Red River Parish.
SEC. 337. WESTWEGO TO HARVEY CANAL, LOUISIANA.
The project West Bank Hurricane Protection Levee, Jefferson Parish,
Louisiana, authorized by section 401(f) of the Water Resources
Development Act of 1986 (100 Stat. 4128), is modified to include the
Lake Cataouatche Area Levee as part of the authorized project, at a
total cost of $14,375,000, with an estimated Federal cost of $9,344,000
and an estimated non-Federal cost of $5,031,000.
SEC. 338. TOLCHESTER CHANNEL, MARYLAND.
The project for navigation, Baltimore Harbor and Channels,
Maryland, authorized by section 101 of the River and Harbor Act of 1958
(72 Stat. 297) is modified to direct the Secretary--
(1) to expedite review of potential straightening of the
channel at the Tolchester Channel S-Turn; and
(2) if determined to be feasible and necessary for safe and
efficient navigation, to implement such straightening as part
of project maintenance.
SEC. 339. SAGINAW RIVER, MICHIGAN.
The project for flood protection, Saginaw River, Michigan,
authorized by section 203 of the Flood Control Act of 1958 (72 Stat.
311) is modified to include as part of the project the design and
construction of an inflatable dam on the Flint River, Michigan, at a
total cost of $500,000.
SEC. 340. SAULT SAINTE MARIE, CHIPPEWA COUNTY, MICHIGAN.
(a) In General.--The project for navigation, Sault Sainte Marie,
Chippewa County, Michigan, authorized by section 1149 of the Water
Resources Development Act of 1986 (100 Stat. 4254-4255), is modified as
provided by this subsection.
(b) Payment of Non-Federal Share.--The non-Federal share of the
cost of the project referred to in subsection (a) shall be paid as
follows:
(1) That portion of the non-Federal share which the
Secretary determines is attributable to use of the lock by
vessels calling at Canadian ports shall be paid by the United
States.
(2) The remaining portion of the non-Federal share shall be
paid by the Great Lakes States pursuant to an agreement entered
into by such States.
(c) Payment Term of Additional Percentage.--The amount to be paid
by non-Federal interests pursuant to section 101(a) of the Water
Resources Development Act of 1986 (33 U.S.C. 2211(a)) and this
subsection with respect to the project referred to in subsection (a)
may be paid over a period of 50 years or the expected life of the
project, whichever is shorter.
(d) Great Lakes States Defined.--For the purposes of this section,
the term ``Great Lakes States'' means the States of Illinois, Indiana,
Michigan, Minnesota, New York, Ohio, Pennsylvania, and Wisconsin.
SEC. 341. STILLWATER, MINNESOTA.
Section 363 of the Water Resources Development Act of 1992 (106
Stat. 4861-4862) is amended--
(1) by inserting after ``riverfront,'' the following: ``and
expansion of such system if the Secretary determines that the
expansion is feasible,'';
(2) by striking ``$3,200,000'' and inserting
``$11,600,000'';
(3) by striking ``$2,400,000'' and inserting
``$8,700,000''; and
(4) by striking ``$800,000'' and inserting ``$2,900,000''.
SEC. 342. CAPE GIRARDEAU, MISSOURI.
The project for flood control, 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, including implementation of
nonstructural measures, 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.
SEC. 343. NEW MADRID HARBOR, MISSOURI.
The project for navigation, New Madrid Harbor, Missouri, authorized
pursuant to section 107 of the River and Harbor Act of 1960 (33 U.S.C.
577) and modified by section 102(n) of the Water Resources Development
Act of 1992 (106 Stat. 4807), is further modified to direct the
Secretary to assume responsibility for maintenance of the existing
Federal channel referred to in such section 102(n) in addition to
maintaining New Madrid County Harbor.
SEC. 344. ST. JOHN'S BAYOU--NEW MADRID FLOODWAY, MISSOURI.
Notwithstanding any other provision of law, Federal assistance made
available under the rural enterprise zone program of the Department of
Agriculture may be used toward payment of the non-Federal share of the
costs of the project for flood control, St. John's Bayou and New Madrid
Floodway, Missouri, authorized by section 401(a) of the Water Resources
Development Act of 1986 (100 Stat. 4118).
SEC. 345. JOSEPH G. MINISH PASSAIC RIVER PARK, NEW JERSEY.
Section 101(a)(18)(B) of the Water Resources Development Act of
1990 (104 Stat. 4608) is amended by striking ``$25,000,000'' and
inserting ``$75,000,000''.
SEC. 346. MOLLY ANN'S BROOK, NEW JERSEY.
The project for flood control, Molly Ann's Brook, New Jersey,
authorized by section 401(a) of the Water Resources Development Act of
1986 (100 Stat. 4119), is modified to authorize the Secretary to carry
out the project in accordance with the report of the Corps of Engineers
dated April 3, 1996, at a total cost of $40,100,000, with an estimated
Federal cost of $22,600,000 and an estimated non-Federal cost of
$17,500,000.
SEC. 347. PASSAIC RIVER, NEW JERSEY.
Section 1148 of the Water Resources Development Act of 1986 (100
Stat. 4254) is amended to read as follows:
``SEC. 1148. PASSAIC RIVER BASIN.
``(a) Acquisition of Lands.--The Secretary is authorized to acquire
from willing sellers lands on which residential structures are located
and which are subject to frequent and recurring flood damage, as
identified in the supplemental floodway report of the Corps of
Engineers, Passaic River Buyout Study, September 1995, at an estimated
total cost of $194,000,000.
``(b) Retention of Lands for Flood Protection.--Lands acquired by
the Secretary under this section shall be retained by the Secretary for
future use in conjunction with flood protection and flood management in
the Passaic River Basin.
``(c) Cost Sharing.--The non-Federal share of the cost of carrying
out this section shall be 25 percent plus any amount that might result
from application of the requirements of subsection (d).
``(d) Applicability of Benefit-Cost Ratio Waiver Authority.--In
evaluating and implementing the project under this section, the
Secretary shall allow the non-Federal interest to participate in the
financing of the project in accordance with section 903(c) of this Act,
to the extent that the Secretary's evaluation indicates that applying
such section is necessary to implement the project.''.
SEC. 348. RAMAPO RIVER AT OAKLAND, NEW JERSEY AND NEW YORK.
The project for flood control, Ramapo River at Oakland, New Jersey
and New York, authorized by section 401(a) of the Water Resources
Development Act of 1986 (100 Stat. 4120), is modified to authorize the
Secretary to carry out the project in accordance with the report of the
Corps of Engineers dated May 1994, at a total cost of $11,300,000, with
an estimated Federal cost of $8,500,000 and an estimated non-Federal
cost of $2,800,000.
SEC. 349. RARITAN BAY AND SANDY HOOK BAY, NEW JERSEY.
Section 102(q) of the Water Resources Development Act of 1992 (106
Stat. 4808) is amended by striking ``for Cliffwood Beach''.
SEC. 350. ARTHUR KILL, NEW YORK AND NEW JERSEY.
The project for navigation, Arthur Kill, New York and New Jersey,
authorized by section 202(b) of the Water Resources Development Act of
1986 (100 Stat. 4098), is modified to authorize the Secretary to carry
out the project to a depth of not to exceed 45 feet if determined to be
feasible by the Secretary at a total cost of $83,000,000.
SEC. 351. JONES INLET, NEW YORK.
The project for navigation, Jones Inlet, New York, authorized by
section 2 of the Act entitled ``An Act authorizing construction,
repair, and preservation of certain public works on rivers and harbors,
and for other purposes'', approved March 2, 1945 (59 Stat. 13), is
modified to direct the Secretary to place uncontaminated dredged
material on beach areas downdrift from the federally maintained channel
for the purpose of mitigating the interruption of littoral system
natural processes caused by the jetty and continued dredging of the
federally maintained channel.
SEC. 352. KILL VAN KULL, NEW YORK AND NEW JERSEY.
The project for navigation, Kill Van Kull, New York and New Jersey,
authorized by section 202(a) of the Water Resources Development Act of
1986 (100 Stat. 4095), is modified to authorize the Secretary to carry
out the project at a total cost of $750,000,000.
SEC. 353. WILMINGTON HARBOR-NORTHEAST CAPE FEAR RIVER, NORTH CAROLINA.
The project for navigation, Wilmington Harbor-Northeast Cape Fear
River, North Carolina, authorized by section 202(a) of the Water
Resources Development Act of 1986 (100 Stat. 4095), is modified to
authorize the Secretary to construct the project substantially in
accordance with the General Design Memorandum dated April 1990 and the
General Design Memorandum Supplement dated February 1994, at a total
cost of $52,041,000, with an estimated Federal cost of $25,729,000 and
an estimated non-Federal cost of $26,312,000.
SEC. 354. GARRISON DAM, NORTH DAKOTA.
The project for flood control, Garrison Dam, North Dakota,
authorized by section 9 of the Flood Control Act of December 22, 1944
(58 Stat. 891), is modified to authorize the Secretary to acquire
permanent flowage and saturation easements over 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 northeast quarter of section 17,
township 152 north, range 104 west, and continuing northeasterly
downstream to the land referred to as the East Bottom, and any other
lands outside of the boundaries of the Buford-Trenton Irrigation
District which have been adversely affected by rising ground water and
surface flooding. Any easement acquired by the Secretary pursuant to
this subsection shall include the right, power, and privilege of the
Government to submerge, overflow, percolate, and saturate the surface
and subsurface of the land. The cost of acquiring such easements shall
not exceed 90 percent, or be less than 75 percent, of the unaffected
fee value of the lands. The project is further modified to authorize
the Secretary to provide a lump sum payment of $60,000 to the Buford-
Trenton Irrigation District for power requirements associated with
operation of the drainage pumps and to relinquish all right, title, and
interest of the United States to the drainage pumps located within the
boundaries of the Irrigation District.
SEC. 355. RENO BEACH-HOWARDS FARM, OHIO.
The project for flood protection, Reno Beach-Howards Farm, Ohio,
authorized by section 203 of the Flood Control Act, 1948 (62 Stat.
1178), is modified to provide that the value of lands, easements,
rights-of-way, and disposal areas that are necessary to carry out the
project and are provided by the non-Federal interest shall be
determined on the basis of the appraisal performed by the Corps of
Engineers and dated April 4, 1985.
SEC. 356. WISTER LAKE, OKLAHOMA.
The flood control project for Wister Lake, LeFlore County,
Oklahoma, authorized by section 4 of the Flood Control Act of June 28,
1938 (52 Stat. 1218), is modified to increase the elevation of the
conservation pool to 478 feet and to adjust the seasonal pool operation
to accommodate the change in the conservation pool elevation.
SEC. 357. BONNEVILLE LOCK AND DAM, COLUMBIA RIVER, OREGON AND
WASHINGTON.
(a) In General.--The project for Bonneville Lock and Dam, Columbia
River, Oregon and Washington, authorized by the Act of August 20, 1937
(50 Stat. 731), and modified by section 83 of the Water Resources
Development Act of 1974 (88 Stat. 35), is further modified to authorize
the Secretary 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 the following:
(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.
(2) The ``school lot'' described as Lot 2, block 5, on the
plat of relocated North Bonneville.
(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
determines, at the time of the proposed conveyance, that 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.
(6) Such easements as the Secretary deems necessary for--
(A) sewer and water line crossings of relocated
Washington State Highway 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.
(b) Time Period for Conveyances.--The conveyances referred to in
subsections (a)(1), (a)(2), (a)(5), and (a)(6)(A) shall be completed
within 180 days after the United States receives the release referred
to in subsection (d). All other conveyances shall be completed
expeditiously, subject to any conditions specified in the applicable
subsection.
(c) Purpose.--The purpose of the conveyances authorized by
subsection (a) is to resolve all outstanding issues between the United
States and the city of North Bonneville.
(d) Acknowledgement of Payment; Release of Claims Relating to
Relocation of City.--As a prerequisite to the conveyances authorized by
subsection (a), the city of North Bonneville shall execute an
acknowledgement 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, if any, involving such matters.
(e) Release by Attorney General.--Upon receipt of the city's
acknowledgment and release referred to in subsection (d), the Attorney
General of the United States shall dismiss any pending litigation, if
any, arising out of the relocation of the city of North Bonneville, and
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.
(f) Acknowledgment of Entitlements; Release by City of Claims.--
Within 60 days after the conveyances authorized by subsection (a)
(other than paragraph (6)(B)) have been completed, the city shall
execute an acknowledgement that all entitlements under such paragraph
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
subsection.
(g) Effects on City.--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 United States Army 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. 358. COLUMBIA RIVER DREDGING, OREGON AND WASHINGTON.
The project for navigation, Lower Willamette and Columbia Rivers
below Vancouver, Washington and Portland, Oregon, authorized by the
first section of the River and Harbor Appropriations Act of June 18,
1878 (20 Stat. 152), is modified to direct the Secretary--
(1) to conduct channel simulation and to carry out
improvements to the existing deep draft channel between the
mouth of the river and river mile 34 at a cost not to exceed
$2,400,000; and
(2) to conduct overdepth and advance maintenance dredging
that is necessary to maintain authorized channel dimensions.
SEC. 359. GRAYS LANDING LOCK AND DAM, MONONGAHELA RIVER, PENNSYLVANIA.
The project for navigation Grays Landing Lock and Dam, Monongahela
River, Pennsylvania, authorized by section 301(a) of the Water
Resources Development Act of 1986 (100 Stat. 4110), is modified to
authorize the Secretary to construct the project at a total cost of
$181,000,000. The costs of construction of the project are to be paid
\1/2\ from amounts appropriated from the general fund of the Treasury
and \1/2\ from amounts appropriated from the Inland Waterways Trust
Fund.
SEC. 360. LACKAWANNA RIVER AT SCRANTON, PENNSYLVANIA.
The project for flood control, Lackawanna River at Scranton,
Pennsylvania, authorized by section 101(16) of the Water Resources
Development Act of 1992 (106 Stat. 4803), is modified to direct the
Secretary to carry out the project for flood control for the Plot and
Green Ridge sections of the project.
SEC. 361. MUSSERS DAM, MIDDLE CREEK, SNYDER COUNTY, PENNSYLVANIA.
Section 209(e)(5) of the Water Resources Development Act of 1992
(106 Stat. 4830) is amended by striking ``$3,000,000'' and inserting
``$5,000,000''.
SEC. 362. SAW MILL RUN, PENNSYLVANIA.
The project for flood control, 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 carry out the project in accordance with the report of the
Corps of Engineers dated April 8, 1994, at a total cost of $12,780,000,
with an estimated Federal cost of $9,585,000 and an estimated non-
Federal cost of $3,195,000.
SEC. 363. SCHUYLKILL RIVER, PENNSYLVANIA.
The navigation project for the Schuylkill River, Pennsylvania,
authorized by the first section of the River and Harbor Appropriations
Act of August 8, 1917 (40 Stat. 252), is modified to provide for the
periodic removal and disposal of sediment to a depth of 6 feet detained
within portions of the Fairmount pool between the Fairmount Dam and the
Columbia Bridge, generally within the limits of the channel alignments
referred to as the Schuylkill River Racecourse and return lane, and the
Belmont Water Works intakes and Boathouse Row.
SEC. 364. SOUTH CENTRAL PENNSYLVANIA.
(a) Cost Sharing.--Section 313(d)(3)(A) of the Water Resources
Development Act of 1992 (106 Stat. 4846; 109 Stat. 407) is amended to
read as follows:
``(A) In general.--Total project costs under each
local cooperation agreement entered into under this
subsection shall be shared at 75 percent Federal and 25
percent non-Federal. The non-Federal interest shall
receive credit for design and construction services and
other in-kind work, whether occurring subsequent to, or
within 6 years prior to, entering into an agreement
with the Secretary. The Federal share may be provided
in the form of grants or reimbursements of project
costs. Non-Federal interests shall also receive credit
for grants and the value of work performed on behalf of
such interests by State and local agencies.''.
(b) Authorization of Appropriations.--Section 313(g)(1) of such Act
(106 Stat. 4846; 109 Stat. 407) is amended by striking ``$50,000,000''
and inserting ``$90,000,000''.
SEC. 365. WYOMING VALLEY, PENNSYLVANIA.
The project for flood control, Wyoming Valley, Pennsylvania,
authorized by section 401(a) of the Water Resources Development Act of
1986 (100 Stat. 4124), is modified to authorize the Secretary to
undertake as part of the construction of the project mechanical and
electrical upgrades to existing stormwater pumping stations in the
Wyoming Valley and to undertake mitigation measures.
SEC. 366. 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 deepen
the bar channel to depths varying from 49 feet to 56 feet below mean
low water with other modifications to authorized interior channels as
generally described in 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.
SEC. 367. NARRAGANSETT, RHODE ISLAND.
Section 361(a) of the Water Resources Development Act of 1992 (106
Stat. 4861) is amended--
(1) by striking ``$200,000'' and inserting ``$1,900,000'';
(2) by striking ``$150,000'' and inserting ``$1,425,000'';
and
(3) by striking ``$50,000'' and inserting ``$475,000''.
SEC. 368. CHARLESTON HARBOR, SOUTH CAROLINA.
The project for navigation, Charleston Harbor, South Carolina,
authorized by section 202(a) of the Water Resources Development Act of
1986 (100 Stat. 4096), is modified to direct the Secretary to undertake
ditching, clearing, spillway replacement, and dike reconstruction of
the Clouter Creek Disposal Area, as a part of the operation and
maintenance of the Charleston Harbor project.
SEC. 369. DALLAS FLOODWAY EXTENSION, DALLAS, TEXAS.
(a) In General.--The project for flood control, Dallas Floodway
Extension, Dallas, Texas, authorized by section 301 of the River and
Harbor Act of 1965 (79 Stat. 1091), is modified to provide that flood
protection works constructed by the non-Federal interests along the
Trinity River in Dallas, Texas, for Rochester Park and the Central
Wastewater Treatment Plant shall be included as a part of the project
and the cost of such works shall be credited against the non-Federal
share of project costs but shall not be included in calculating
benefits of the project.
(b) Determination of Amount.--The amount to be credited under
subsection (a) shall be determined by the Secretary. In determining
such amount, the Secretary may permit crediting only for that portion
of the work performed by the non-Federal interests which is compatible
with the project referred to in subsection (a), including any
modification thereof, and which is required for construction of such
project.
(c) Cash Contribution.--Nothing in this section shall be construed
to limit the applicability of the requirement contained in section
103(a)(1)(A) of the Water Resources Development Act of 1986 to the
project referred to in subsection (a).
SEC. 370. UPPER JORDAN RIVER, UTAH.
The project for flood control, Upper Jordan River, Utah, authorized
by section 101(a)(23) of the Water Resources Development Act of 1990
(104 Stat. 4610), is modified to authorize the Secretary to construct
the project at a total cost of $12,870,000, with an estimated Federal
cost of $8,580,000 and an estimated non-Federal cost of $4,290,000.
SEC. 371. HAYSI LAKE, VIRGINIA.
The Haysi Lake, Virginia, feature of the project for flood control,
Tug Fork of the Big Sandy River, Kentucky, West Virginia, and Virginia,
authorized by section 202(a) of the Energy and Water Development
Appropriation Act, 1981 (94 Stat. 1339), is modified--
(1) to add recreation and fish and wildlife enhancement as
project purposes;
(2) to direct the Secretary to construct the Haysi Dam
feature of the project substantially in accordance with Plan A
as set forth in the Draft General Plan Supplement Report for
the Levisa Fork Basin, Virginia and Kentucky, dated May 1995;
(3) to direct the Secretary to apply section 103(m) of the
Water Resources Development Act of 1986 (100 Stat. 4087) to the
construction of such feature in the same manner as that section
is applied to other projects or project features construed
pursuant to such section 202(a); and
(4) to provide for operation and maintenance of
recreational facilities on a reimbursable basis.
SEC. 372. RUDEE INLET, VIRGINIA BEACH, VIRGINIA.
The project for navigation and shoreline protection, Rudee Inlet,
Virginia Beach, Virginia, authorized by section 601(a) of the Water
Resources Development Act of 1986 (100 Stat. 4148), is modified to
authorize the Secretary to continue maintenance of the project for 50
years beginning on the date of initial construction of the project. The
Federal share of the cost of such maintenance shall be determined in
accordance with title I of the Water Resources Development Act of 1986.
SEC. 373. VIRGINIA BEACH, VIRGINIA.
The non-Federal share of the costs of the project for beach erosion
control and hurricane protection, Virginia Beach, Virginia, authorized
by section 501(a) of the Water Resources Development Act of 1986 (100
Stat. 4136), shall be reduced by $3,120,803, or by such amount as is
determined by an audit carried out by the Secretary to be due to the
city of Virginia Beach as reimbursement for the Federal share of beach
nourishment activities carried out by the city between October 1, 1986,
and September 30, 1993, if the Federal Government has not reimbursed
the city for the activities prior to the date on which a project
cooperative agreement is executed for the project.
SEC. 374. EAST WATERWAY, WASHINGTON.
The project for navigation, East and West waterways, Seattle
Harbor, Washington, authorized by the first section of the River and
Harbor Appropriations Act of March 2, 1919 (40 Stat. 1275), is modified
to direct the Secretary--
(1) to expedite review of potential deepening of the
channel in the East waterway from Elliott Bay to Terminal 25 to
a depth of up to 51 feet; and
(2) if determined to be feasible, to implement such
deepening as part of project maintenance.
In carrying out work authorized by this section, the Secretary shall
coordinate with the Port of Seattle regarding use of Slip 27 as a
dredged material disposal area.
SEC. 375. BLUESTONE LAKE, WEST VIRGINIA.
Section 102(ff) of the Water Resources Development Act of 1992 (106
Stat. 4810) is amended by inserting ``except for that organic matter
necessary to maintain and enhance the biological resources of such
waters and such nonobtrusive items of debris as may not be economically
feasible to prevent being released through such project,'' after
``project,'' the first place it appears.
SEC. 376. MOOREFIELD, WEST VIRGINIA.
The project for flood control, Moorefield, West Virginia,
authorized by section 101(a)(25) of the Water Resources Development Act
of 1990 (104 Stat. 4610-4611), is modified to authorize the Secretary
to construct the project at a total cost of $22,000,000, with an
estimated Federal cost of $17,100,000 and an estimated non-Federal cost
of $4,900,000.
SEC. 377. SOUTHERN WEST VIRGINIA.
(a) Cost Sharing.--Section 340(c)(3) of the Water Resources
Development Act of 1992 (106 Stat. 4856) is amended to read as follows:
``(3) Cost sharing.--
``(A) In general.--Total project costs under each
local cooperation agreement entered into under this
subsection shall be shared at 75 percent Federal and 25
percent non-Federal. The non-Federal interest shall
receive credit for the reasonable costs of design work
completed by such interest prior to entering into a
local cooperation agreement with the Secretary for a
project. The credit for such design work shall not
exceed 6 percent of the total construction costs of the
project. The Federal share may be in the form of grants
or reimbursements of project costs.
``(B) Interest.--In the event of delays in the
funding of the non-Federal share of a project that is
the subject of an agreement under this section, the
non-Federal interest shall receive credit for
reasonable interest incurred in providing the non-
Federal share of a project's cost.
``(C) Lands, easements, and rights-of-way credit.--
The non-Federal interest shall receive credit for
lands, easements, rights-of-way, and relocations toward
its share of project costs, including all reasonable
costs associated with obtaining permits necessary for
the construction, operation, and maintenance of such
project on publicly owned or controlled lands, but not
to exceed 25 percent of total project costs.
``(D) Operation and maintenance.--Operation and
maintenance costs for projects constructed with
assistance provided under this section shall be 100
percent non-Federal.''.
(b) Funding.--Section 340(g) of the Water Resources Development Act
of 1992 (106 Stat. 4856) is amended by striking ``$5,000,000'' and
inserting ``$25,000,000''.
SEC. 378. WEST VIRGINIA TRAIL HEAD FACILITIES.
Section 306 of the Water Resources Development Act of 1992 (106
Stat. 4840-4841) is amended by adding at the end the following:
``The Secretary shall enter into an interagency agreement with the
Federal entity which provided assistance in the preparation of the
study for the purposes of providing ongoing technical assistance and
oversight for the trail facilities envisioned by the master plan
developed under this section. The Federal entity shall provide such
assistance and oversight.''.
SEC. 379. KICKAPOO RIVER, WISCONSIN.
(a) In General.--The project for flood control and allied purposes,
Kickapoo River, Wisconsin, authorized by section 203 of the Flood
Control Act of 1962 (76 Stat. 1190) and modified by section 814 of the
Water Resources Development Act of 1986 (100 Stat. 4169), is further
modified as provided by this section.
(b) Transfer of Property.--
(1) In general.--Subject to the requirements of this
subsection, the Secretary shall transfer to the State of
Wisconsin, without consideration, all right, title, and
interest of the United States to the lands described in
paragraph (3), including all works, structures, and other
improvements to such lands.
(2) Transfer to secretary of the interior.--Subject to the
requirements of this subsection, on the date of the transfer
under paragraph (1), the Secretary shall transfer to the
Secretary of the Interior, without consideration, all right,
title, and interest of the United States in and to lands that
are culturally and religiously significant sites of the Ho-
Chunk Nation (a federally recognized Indian tribe) and are
located within the lands described in paragraph (3). Such lands
shall be specified in accordance with paragraph (4)(C) and may
not exceed a total of 1,200 acres.
(3) Land description.--The lands to be transferred pursuant
to paragraphs (1) and (2) are the approximately 8,569 acres of
land associated with the LaFarge Dam and Lake portion of the
project referred to in subsection (a) in Vernon County,
Wisconsin, in the following sections:
(A) Section 31, Township 14 North, Range 1 West of
the 4th Principal Meridian.
(B) Sections 2 through 11, and 16, 17, 20, and 21,
Township 13 North, Range 2 West of the 4th Principal
Meridian.
(C) Sections 15, 16, 21 through 24, 26, 27, 31, and
33 through 36, Township 14 North, Range 2 West of the
4th Principal Meridian.
(4) Terms and conditions.--
(A) Hold harmless; reimbursement of united
states.--The transfer under paragraph (1) shall be made
on the condition that the State of Wisconsin enters
into a written agreement with the Secretary to hold the
United States harmless from all claims arising from or
through the operation of the lands and improvements
subject to the transfer. If title to the lands
described in paragraph (3) is sold or transferred by
the State, then the State shall reimburse the United
States for the price originally paid by the United
States for purchasing such lands.
(B) In general.--The Secretary shall make the
transfers under paragraphs (1) and (2) only if on or
before October 31, 1997, the State of Wisconsin enters
into and submits to the Secretary a memorandum of
understanding, as specified in subparagraph (C), with
the tribal organization (as defined by section 4(l) of
the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 450b(l))) of the Ho-Chunk Nation.
(C) Memorandum of understanding.--The memorandum of
understanding referred to in subparagraph (B) shall
contain, at a minimum, the following:
(i) A description of sites and associated
lands to be transferred to the Secretary of the
Interior under paragraph (2).
(ii) An agreement specifying that the lands
transferred under paragraphs (1) and (2) shall
be preserved in a natural state and developed
only to the extent necessary to enhance outdoor
recreational and educational opportunities.
(iii) An agreement specifying the terms and
conditions of a plan for the management of the
lands to be transferred under paragraphs (1)
and (2).
(iv) A provision requiring a review of the
plan referred to in clause (iii) to be
conducted every 10 years under which the State
of Wisconsin, acting through the Kickapoo
Valley Governing Board, and the Ho-Chunk Nation
may agree to revisions of the plan in order to
address changed circumstances on the lands
transferred under paragraph (2). Such provision
may include a plan for the transfer by the
State to the Secretary of the Interior of any
additional site discovered to be culturally and
religiously significant to the Ho-Chunk Nation.
(5) Administration of lands.--The lands transferred to the
Secretary of the Interior under paragraph (2), and any lands
transferred to the Secretary of the Interior pursuant to the
memorandum of understanding entered into under paragraph (3),
shall be held in trust for, and added to and administered as
part of the reservation of, the Ho-Chunk Nation.
(6) Transfer of flowage easements.--The Secretary shall
transfer to the owner of the servient estate, without
consideration, all right, title, and interest of the United
States in and to each flowage easement acquired as part of the
project referred to in subsection (a) within Township 14 North,
Range 2 West of the 4th Principal Meridian, Vernon County,
Wisconsin.
(7) Deauthorization.--Except as provided in subsection (c),
the LaFarge Dam and Lake portion of the project referred to in
subsection (a) is not authorized after the date of the transfer
under this subsection.
(8) Interim management and maintenance.--The Secretary
shall continue to manage and maintain the LaFarge Dam and Lake
portion of the project referred to in subsection (a) until the
date of the transfer under this section.
(c) Completion of Project Features.--
(1) Requirement.--The Secretary shall undertake the
completion of the following features of the project referred to
in subsection (a):
(A) The continued relocation of State highway route
131 and county highway routes P and F substantially in
accordance with plans contained in Design Memorandum
No. 6, Relocation-LaFarge Reservoir, dated June 1970;
except that the relocation shall generally follow the
existing road rights-of-way through the Kickapoo
Valley.
(B) Environmental cleanup and site restoration of
abandoned wells, farm sites, and safety modifications
to the water control structures.
(C) Cultural resource activities to meet the
requirements of Federal law.
(2) Participation by state of wisconsin.--In undertaking
the completion of the features described in paragraph (1), the
Secretary shall determine the requirements of the State of
Wisconsin on the location and design of each such feature.
(d) Funding.--There is authorized to be appropriated to carry out
this section for fiscal years beginning after September 30, 1996,
$17,000,000.
SEC. 380. TETON COUNTY, WYOMING.
Section 840 of the Water Resources Development Act of 1986 (100
Stat. 4176) is amended--
(1) by striking ``: Provided, That'' and inserting ``;
except that'';
(2) by striking ``in cash or materials'' and inserting ``,
through providing in-kind services or cash or materials,''; and
(3) by adding at the end the following: ``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.''.
TITLE IV--STUDIES
SEC. 401. CORPS CAPABILITY STUDY, ALASKA.
The Secretary shall review the capability of the Corps of Engineers
to plan, design, construct, operate, and maintain rural sanitation
projects for rural and Native villages in Alaska. Not later than 18
months after the date of the enactment of this Act, the Secretary shall
transmit findings and recommendations on the agency's capability,
together with recommendations on the advisability of assuming such a
mission.
SEC. 402. MCDOWELL MOUNTAIN, ARIZONA.
The Secretary shall credit the non-Federal share of the cost of the
feasibility study on the McDowell Mountain project an amount equivalent
to the cost of work performed by the city of Scottsdale, Arizona, and
accomplished prior to the city's entering into an agreement with the
Secretary if the Secretary determines that the work is necessary for
the study.
SEC. 403. NOGALES WASH AND TRIBUTARIES, ARIZONA.
(a) Study.--The Secretary shall conduct a study of the relationship
of flooding in Nogales, Arizona, and floodflows emanating from Mexico.
(b) Report.--The Secretary shall transmit to Congress a report on
the results of the study conducted under subsection (a), together with
recommendations concerning the appropriate level of non-Federal
participation in the project for flood control, Nogales Wash and
tributaries, Arizona, authorized by section 101(a)(4) of the Water
Resources Development Act of 1990 (104 Stat. 4606).
SEC. 404. GARDEN GROVE, CALIFORNIA.
The Secretary shall conduct a study to assess the feasibility of
implementing improvements in the regional flood control system within
Garden Grove, California.
SEC. 405. MUGU LAGOON, CALIFORNIA.
(a) Study.--The Secretary shall conduct a study of the
environmental impacts associated with sediment transport, flood flows,
and upstream watershed land use practices on Mugu Lagoon, California.
The study shall include an evaluation of alternatives for the
restoration of the estuarine ecosystem functions and values associated
with Mugu Lagoon and the endangered and threatened species inhabiting
the area.
(b) Consultation and Coordination.--In conducting the study, the
Secretary shall consult with the Secretary of the Navy and shall
coordinate with State and local resource agencies to assure that the
study is compatible with restoration efforts for the Calleguas Creek
watershed.
(c) Report.--Not later than 24 months after the date of the
enactment of this Act, the Secretary shall transmit to Congress a
report on the results of the study.
SEC. 406. SANTA YNEZ, CALIFORNIA.
(a) Planning.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall prepare a comprehensive
river basin management plan addressing the long term ecological,
economic, and flood control needs of the Santa Ynez River basin,
California. In preparing such plan, the Secretary shall consult the
Santa Barbara Flood Control District and other affected local
governmental entities.
(b) Technical Assistance.--The Secretary shall provide technical
assistance to the Santa Barbara Flood Control District with respect to
implementation of the plan to be prepared under subsection (a).
SEC. 407. SOUTHERN CALIFORNIA INFRASTRUCTURE.
(a) Assistance.--Section 116(d)(1) of the Water Resources
Development Act of 1990 (104 Stat. 4624) is amended--
(1) in the heading of paragraph (1) by inserting ``and
assistance'' after ``Study''; and
(2) by adding at the end the following: ``In addition, the
Secretary shall provide technical, design, and planning
assistance to non-Federal interests in developing potential
infrastructure projects.''.
(b) Funding.--Section 116(d)(3) of such Act is amended by striking
``$1,500,000'' and inserting ``$7,500,000''.
SEC. 408. YOLO BYPASS, SACRAMENTO-SAN JOAQUIN DELTA, CALIFORNIA.
The Secretary shall study the advisability of acquiring land in the
vicinity of the Yolo Bypass in the Sacramento-San Joaquin Delta,
California, for the purpose of environmental mitigation for the flood
control project for Sacramento, California, and other water resources
projects in the area.
SEC. 409. CHAIN OF ROCKS CANAL, ILLINOIS.
The Secretary shall complete a limited reevaluation of the
authorized St. Louis Harbor Project in the vicinity of the Chain of
Rocks Canal, Illinois, and consistent with the authorized purposes of
that project, to include evacuation of waters interior to the Chain of
Rocks Canal East Levee.
SEC. 410. QUINCY, ILLINOIS.
(a) Study.--The Secretary shall study and evaluate the critical
infrastructure of the Fabius River Drainage District, the South Quincy
Drainage and Levee District, the Sny Island Levee Drainage District,
and the city of Quincy, Illinois--
(1) to determine if additional flood protection needs of
such infrastructure should be identified or implemented;
(2) to produce a definition of critical infrastructure;
(3) to develop evaluation criteria; and
(4) to enhance existing geographic information system
databases to encompass relevant data that identify critical
infrastructure for use in emergencies and in routine operation
and maintenance activities.
(b) Consideration of Other Studies.--In conducting the study under
this section, the Secretary shall consider the recommendations of the
Interagency Floodplain Management Committee Report, the findings of the
Floodplain Management Assessment of the Upper Mississippi River and
Lower Missouri Rivers and Tributaries, and other relevant studies and
findings.
(c) Report.--Not later than 1 year after the date of the enactment
of this Act, the Secretary shall transmit to Congress a report on the
results of the study, together with recommendations regarding each of
the purposes of the study described in paragraphs (1) through (4) of
subsection (a).
SEC. 411. SPRINGFIELD, ILLINOIS.
The Secretary shall provide technical, planning, and design
assistance to the city of Springfield, Illinois, in developing--
(1) an environmental impact statement for the proposed
development of a water supply reservoir, including the
preparation of necessary documentation in support of the
environmental impact statement; and
(2) an evaluation of technical, economic, and environmental
impacts of such development.
SEC. 412. BEAUTY CREEK WATERSHED, VALPARAISO CITY, PORTER COUNTY,
INDIANA.
The Secretary shall conduct a study to assess the feasibility of
implementing streambank erosion control measures and flood control
measures within the Beauty Creek watershed, Valparaiso City, Porter
County, Indiana.
SEC. 413. GRAND CALUMET RIVER, HAMMOND, INDIANA.
(a) Study.--The Secretary shall conduct a study to establish a
methodology and schedule to restore the wetlands at Wolf Lake and
George Lake in Hammond, Indiana.
(b) Report.--Not later than 1 year after the date of the enactment
of this Act, the Secretary shall transmit to Congress a report on the
results of the study conducted under subsection (a).
SEC. 414. INDIANA HARBOR CANAL, EAST CHICAGO, LAKE COUNTY, INDIANA.
The Secretary shall conduct a study of the feasibility of including
environmental and recreational features, including a vegetation buffer,
as part of the project for navigation, Indiana Harbor Canal, East
Chicago, Lake County, Indiana, authorized by the first section of the
Rivers and Harbors Appropriations Act of June 25, 1910 (36 Stat. 657).
SEC. 415. KOONTZ LAKE, INDIANA.
The Secretary shall conduct a study of the feasibility of
implementing measures to restore Koontz Lake, Indiana, including
measures to remove silt, sediment, nutrients, aquatic growth, and other
noxious materials from Koontz Lake, measures to improve public access
facilities to Koontz Lake, and measures to prevent or abate the deposit
of sediments and nutrients in Koontz Lake.
SEC. 416. LITTLE CALUMET RIVER, INDIANA.
(a) Study.--The Secretary shall conduct a study of the impact of
the project for flood control, Little Calumet River, Indiana,
authorized by section 401(a) of the Water Resources Development Act of
1986 (100 Stat. 4115), on flooding and water quality in the vicinity of
the Black Oak area of Gary, Indiana.
(b) Report.--Not later than 1 year after the date of the enactment
of this Act, the Secretary shall transmit to Congress a report on the
results of the study conducted under subsection (a), together with
recommendations for cost-effective remediation of impacts described in
subsection (a).
(c) Federal Share.--The Federal share of the cost of the study to
be conducted under subsection (a) shall be 100 percent.
SEC. 417. TIPPECANOE RIVER WATERSHED, INDIANA.
(a) Study.--The Secretary shall conduct a study of water quality
and environmental restoration needs in the Tippecanoe River watershed,
Indiana, including measures necessary to reduce siltation in Lake
Shafer and Lake Freeman.
(b) Assistance.--The Secretary shall provide technical, planning,
and design assistance to the Shafer Freeman Lakes Environmental
Conservation Corporation in addressing potential environmental
restoration activities determined as a result of the study conducted
under subsection (a).
SEC. 418. CALCASIEU SHIP CHANNEL, HACKBERRY, LOUISIANA.
The Secretary shall conduct a study to determine the need for
improved navigation and related support service structures in the
vicinity of the Calcasieu Ship Channel, Hackberry, Louisiana.
SEC. 419. HURON RIVER, MICHIGAN.
The Secretary shall conduct a study to determine the need for
channel improvements and associated modifications for the purpose of
providing a harbor of refuge at Huron River, Michigan.
SEC. 420. SACO RIVER, NEW HAMPSHIRE.
The Secretary shall conduct a study of flood control problems along
the Saco River in Hart's Location, New Hampshire, for the purpose of
evaluating retaining walls, berms, and other structures with a view to
potential solutions involving repair or replacement of existing
structures and shall consider other alternatives for flood damage
reduction.
SEC. 421. BUFFALO RIVER GREENWAY, NEW YORK.
The Secretary shall conduct a study of a potential greenway trail
project along the Buffalo River between the park system of the city of
Buffalo, New York, and Lake Erie. Such study shall include preparation
of an integrated plan of development that takes into consideration the
adjacent parks, nature preserves, bikeways, and related recreational
facilities.
SEC. 422. PORT OF NEWBURGH, NEW YORK.
The Secretary shall conduct a study of the feasibility of carrying
out improvements for navigation at the port of Newburgh, New York.
SEC. 423. PORT OF NEW YORK-NEW JERSEY SEDIMENT STUDY.
(a) Study of Measures To Reduce Sediment Deposition.--The Secretary
shall conduct a study of measures that could reduce sediment deposition
in the vicinity of the Port of New York-New Jersey for the purpose of
reducing the volumes to be dredged for navigation projects in the Port.
(b) Dredged Material Disposal Study.--The Secretary shall conduct a
study to determine the feasibility of constructing and operating an
underwater confined dredged material disposal site in the Port of New
York-New Jersey which could accommodate as much as 250,000 cubic yards
of dredged materials for the purpose of demonstrating the feasibility
of an underwater confined disposal pit as an environmentally suitable
method of containing certain sediments.
(c) Report.--The Secretary shall transmit to Congress a report on
the results of the studies conducted under this section, together with
any recommendations of the Secretary concerning reduction of sediment
deposition referred to in subsection (a).
SEC. 424. PORT OF NEW YORK-NEW JERSEY NAVIGATION STUDY.
The Secretary shall conduct a comprehensive study of navigation
needs at the Port of New York-New Jersey (including the South Brooklyn
Marine and Red Hook Container Terminals, Staten Island, and adjacent
areas) to address improvements, including deepening of existing
channels to depths of 50 feet or greater, that are required to provide
economically efficient and environmentally sound navigation to meet
current and future requirements.
SEC. 425. CHAGRIN RIVER, OHIO.
The Secretary shall conduct a study of flooding problems along the
Chagrin River in Eastlake, Ohio. In conducting such study, the
Secretary shall evaluate potential solutions to flooding from all
sources, including that resulting from ice jams, and shall evaluate the
feasibility of a sedimentation collection pit and other potential
measures to reduce flooding.
SEC. 426. CUYAHOGA RIVER, OHIO.
The Secretary shall conduct a study to evaluate the integrity of
the bulkhead system located on the Federal channel along the Cuyahoga
River in the vicinity of Cleveland, Ohio, and shall provide to the non-
Federal interest an analysis of costs and repairs of the bulkhead
system.
SEC. 427. CHARLESTON, SOUTH CAROLINA, ESTUARY.
The Secretary is authorized to conduct a study of the Charleston
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. 428. MUSTANG ISLAND, CORPUS CHRISTI, TEXAS.
The Secretary shall conduct a study of navigation along the south-
central coast of Texas near Corpus Christi for the purpose of
determining the feasibility of constructing and maintaining the Packery
Channel on the southern portion of Mustang Island.
SEC. 429. PRINCE WILLIAM COUNTY, VIRGINIA.
The Secretary shall conduct a study of flooding, erosion, and other
water resources problems in Prince William County, Virginia, including
an assessment of wetlands protection, erosion control, and flood damage
reduction needs of the County.
SEC. 430. PACIFIC REGION.
(a) Study.--The Secretary is authorized to conduct 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.
(b) Cost Sharing.--The cost sharing provisions of section 105 of
the Water Resources Development Act of 1986 (33 U.S.C. 2215; 100 Stat.
4088-4089) shall apply to studies under this section.
SEC. 431. FINANCING OF INFRASTRUCTURE NEEDS OF SMALL AND MEDIUM PORTS.
(a) Study.--The Secretary shall conduct a study of alternative
financing mechanisms for ensuring adequate funding for the
infrastructure needs of small and medium ports.
(b) Mechanisms To Be Studied.--Mechanisms to be studied under
subsection (a) shall include the establishment of revolving loan funds.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall transmit to Congress a
report containing the results of the study conducted under subsection
(a).
TITLE V--MISCELLANEOUS PROVISIONS
SEC. 501. PROJECT DEAUTHORIZATIONS.
The following projects are not authorized after the date of the
enactment of this Act:
(1) Branford harbor, connecticut.--The following portion of
the project for navigation, Branford River, Connecticut,
authorized by the first section of the Rivers and Harbors
Appropriations Act of June 13, 1902 (32 Stat. 333): Starting at
a point on the Federal channel line whose coordinates are
N156181.32, E581572.38, running south 70 degrees 11 minutes 8
seconds west a distance of 171.58 feet to another point on the
Federal channel line whose coordinates are N156123.18,
E581410.96.
(2) Bridgeport harbor, connecticut.--The following portion
of the project for navigation, Bridgeport Harbor, Connecticut,
authorized by section 101 of the River and Harbor Act of 1958
(72 Stat. 297): A 2.4-acre anchorage area, 9 feet deep, and an
adjacent 0.6-acre anchorage, 6 feet deep, located on the west
side of Johnsons River.
(3) Guilford harbor, connecticut.--The following portion of
the project for navigation, Guilford Harbor, Connecticut,
authorized by section 2 of the Act entitled ``An Act
authorizing construction, repair, and preservation of certain
public works on rivers and harbors, and for other purposes'',
approved March 2, 1945 (50 Stat. 13): Starting at a point where
the Sluice Creek Channel intersects with the main entrance
channel, N159194.63, E623201.07, thence running north 24
degrees 58 minutes 15.2 seconds west 478.40 feet to a point
N159628.31, E622999.11, thence running north 20 degrees 18
minutes 31.7 seconds west 351.53 feet to a point N159957.99,
E622877.10, thence running north 69 degrees 41 minutes 37.9
seconds east 55.000 feet to a point N159977.08, E622928.69,
thence turning and running south 20 degrees 18 minutes 31.0
seconds east 349.35 feet to a point N159649.45, E623049.94,
thence turning and running south 24 degrees 58 minutes 11.1
seconds east 341.36 feet to a point N159340.00, E623194.04,
thence turning and running south 90 degrees 0 minutes 0 seconds
east 78.86 feet to a point N159340.00, E623272.90.
(4) Johnsons river channel, bridgeport harbor,
connecticut.--The following portion of the project for
navigation, Johnsons River Channel, Bridgeport Harbor,
Connecticut, authorized by the first section of the Rivers and
Harbors Act of July 24, 1946 (60 Stat. 634): Northerly of a
line across the Federal channel. The coordinates of such line
are N 123318.35, E 486301.68 and N 123257.15, E 486380.77.
(5) Mystic river, connecticut.--The following portion of
the project for improving the Mystic River, Connecticut,
authorized by the River and Harbor Act approved March 4, 1913
(37 Stat. 802):
Beginning in the 15-foot deep channel at coordinates north
190860.82, east 814416.20, thence running southeast about 52.01
feet to the coordinates north 190809.47, east 814424.49, thence
running southwest about 34.02 feet to coordinates north
190780.46, east 814406.70, thence running north about 80.91
feet to the point of beginning.
(6) Norwalk harbor, connecticut.--
(A) Deauthorization.--The portion of the project
for navigation, Norwalk Harbor, Connecticut, authorized
by the River and Harbor Act of March 2, 1919 (40 Stat.
1276), that lies northerly of a line across the Federal
channel having coordinates N104199.72, E417774.12 and
N104155.59, E417628.96, and those portions of the 6-
foot deep East Norwalk Channel and Anchorage,
authorized by section 2 of the Act entitled ``An Act
authorizing the construction, repair, and preservation
of certain public works on rivers and harbors, and for
other purposes'', approved March 2, 1945 (59 Stat. 13),
not included in the description of the realignment of
the project contained in subparagraph (B).
(B) Realignment description.--The realigned 6-foot
deep East Norwalk Channel and Anchorage is described as
follows: starting at a point on the East Norwalk
Channel, N95743.02, E419581.37, thence running
northwesterly about 463.96 feet to a point N96197.93,
E419490.18, thence running northwesterly about 549.32
feet to a point N96608.49, E419125.23, thence running
northwesterly about 384.06 feet to a point N96965.94,
E418984.75, thence running northwesterly about 407.26
feet to a point N97353.87, E418860.78, thence running
westerly about 58.26 feet to a point N97336.26,
E418805.24, thence running northwesterly about 70.99
feet to a point N97390.30, E418759.21, thence running
westerly about 71.78 feet to a point on the anchorage
limit N97405.26, E418689.01, thence running southerly
along the western limits of the existing Federal
anchorage until reaching a point N95893.74, E419449.17,
thence running in a southwesterly direction about 78.74
feet to a point on the East Norwalk Channel N95815.62,
E419439.33.
(C) Redesignation.--All of the realigned channel
shall be redesignated as anchorage, with the exception
of that portion of the channel which narrows to a width
of 100 feet and terminates at a line whose coordinates
are N96456.81, E419260.06, and N96390.37, E419185.32,
which shall remain as a channel.
(7) Southport harbor, connecticut.--
(A) Deauthorization portion of project.--The
following portions of the project for navigation,
Southport Harbor, Connecticut, authorized by the first
section of the Rivers and Harbors Act of August 30,
1935 (49 Stat. 1029):
(i) The 6-foot deep anchorage located at
the head of the project.
(ii) The portion of the 9-foot deep channel
beginning at a bend in the channel whose
coordinates are north 109131.16, east 452653.32
running thence in a northeasterly direction
about 943.01 feet to a point whose coordinates
are north 109635.22, east 453450.31 running
thence in a southeasterly direction about 22.66
feet to a point whose coordinates are north
109617.15, east 453463.98 running thence in a
southwesterly direction about 945.18 feet to
the point of beginning.
(B) Remainder.--The remaining portion of the
project referred to in subparagraph (A) northerly of a
line whose coordinates are north 108699.15, east
452768.36 and north 108655.66, east 452858.73 shall be
redesignated as an anchorage.
(8) Stony creek, branford, connecticut.--The following
portion of the project for navigation, Stony Creek,
Connecticut, authorized under section 107 of the River and
Harbor Act of 1960 (33 U.S.C. 577): The 6-foot maneuvering
basin starting at a point N157031.91, E599030.79, thence
running northeasterly about 221.16 feet to a point N157191.06,
E599184.37, thence running northerly about 162.60 feet to a
point N157353.56, E599189.99, thence running southwesterly
about 358.90 feet to the point of origin.
(9) Kennebunk river, maine.--That portion of the project
for navigation, Kennebunk River, Maine, authorized by section
101 of the River and Harbor Act of 1962 (76 Stat. 1173) and
consisting of a 6-foot deep channel that lies northerly of a
line whose coordinates are N191412.53, E417265.28 and
N191445.83, E417332.48.
(10) York harbor, maine.--That portion of the project for
navigation, York Harbor, Maine, authorized by section 101 of
the River and Harbor Act of 1960 (74 Stat. 480), located in the
8-foot deep anchorage area beginning at coordinates N
109340.19, E 372066.93, thence running north 65 degrees 12
minutes 10.5 seconds E 423.27 feet to a point N 109517.71,
E372451.17, thence running north 28 degrees 42 minutes 58.3
seconds west 11.68 feet to a point N 109527.95, E 372445.56,
thence running south 63 degrees 37 minutes 24.6 seconds west
422.63 feet returning to the point of beginning and that
portion in the 8-foot deep anchorage area beginning at
coordinates N 108557.24, E 371645.88, thence running south 60
degrees 41 minutes 17.2 seconds east 484.51 feet to a point N
108320.04, E 372068.36, thence running north 29 degrees 12
minutes 53.3 seconds east 15.28 feet to a point N 108333.38, E
372075.82, thence running north 62 degrees 29 minutes 42.1
seconds west 484.73 feet returning to the point of beginning.
(11) Chelsea river, boston harbor, massachusetts.--The
following portion of the project for navigation, Boston Harbor,
Massachusetts, authorized by section 101 of the River and
Harbor Act of 1962 (76 Stat. 1173), consisting of a 35-foot
deep channel in the Chelsea River: Beginning at a point on the
northern limit of the existing project N505357.84, E724519.19,
thence running northeasterly about 384.19 feet along the
northern limit of the existing project to a bend on the
northern limit of the existing project N505526.87, E724864.20,
thence running southeasterly about 368.00 feet along the
northern limit of the existing project to another point
N505404.77, E725211.35, thence running westerly about 594.53
feet to a point N505376.12, E724617.51, thence running
southwesterly about 100.00 feet to the point of origin.
(12) Cohasset harbor, cohasset, massachusetts.--The
following portions of the project for navigation, Cohasset
Harbor, Massachusetts, authorized under section 107 of the
River and Harbor Act of 1960 (33 U.S.C. 577):
(A) The portion starting at a point N453510.15,
E792664.63, thence running south 53 degrees 07 minutes
05.4 seconds west 307.00 feet to a point N453325.90,
E792419.07, thence running north 57 degrees 56 minutes
36.8 seconds west 201.00 feet to a point N453432.58,
E792248.72, thence running south 88 degrees 57 minutes
25.6 seconds west 50.00 feet to a point N453431.67,
E792198.73, thence running north 01 degree 02 minutes
52.3 seconds west 66.71 feet to a point N453498.37,
E792197.51, thence running north 69 degrees 12 minutes
52.3 seconds east 332.32 feet to a point N453616.30,
E792508.20, thence running south 55 degrees 50 minutes
24.1 seconds east 189.05 feet to the point of origin.
(B) The portion starting at a point N452886.64,
E791287.83, thence running south 00 degrees 00 minutes
00.0 seconds west 56.04 feet to a point N452830.60,
E791287.83, thence running north 90 degrees 00 minutes
00.0 seconds west 101.92 feet to a point, N452830.60,
E791185.91, thence running north 52 degrees 12 minutes
49.7 seconds east 89.42 feet to a point, N452885.39,
E791256.58, thence running north 87 degrees 42 minutes
33.8 seconds east 31.28 feet to the point of origin.
(C) The portion starting at a point, N452261.08,
E792040.24, thence running north 89 degrees 07 minutes
19.5 seconds east 118.78 feet to a point, N452262.90,
E792159.01, thence running south 43 degrees 39 minutes
06.8 seconds west 40.27 feet to a point, N452233.76,
E792131.21, thence running north 74 degrees 33 minutes
29.1 seconds west 94.42 feet to a point, N452258.90,
E792040.20, thence running north 01 degree 03 minutes
04.3 seconds east 2.18 feet to the point of origin.
(13) Falmouth, massachusetts.--
(A) Deauthorizations.--The following portions of
the project for navigation, Falmouth Harbor,
Massachusetts, authorized by section 101 of the River
and Harbor Act of 1948 (62 Stat. 1172):
(i) The portion commencing at a point north
199286.37 east 844394.81 a line running north
73 degrees 09 minutes 29 seconds east 440.34
feet to a point north 199413.99 east 844816.36,
thence turning and running north 43 degrees 09
minutes 34.5 seconds east 119.99 feet to a
point north 199501.52 east 844898.44, thence
turning and running south 66 degrees 52 minutes
03.5 seconds east 547.66 feet returning to a
point north 199286.41 east 844394.91.
(ii) The portion commencing at a point
north 199647.41 east 845035.25 a line running
north 43 degrees 09 minutes 33.1 seconds east
767.15 feet to a point north 200207.01 east
845560.00, thence turning and running north 11
degrees 04 minutes 24.3 seconds west 380.08
feet to a point north 200580.01 east 845487.00,
thence turning and running north 22 degrees 05
minutes 50.8 seconds east 1332.36 feet to a
point north 201814.50 east 845988.21, thence
turning and running north 02 degrees 54 minutes
15.7 seconds east 15.0 feet to a point north
201829.48 east 845988.97, thence turning and
running south 24 degrees 56 minutes 42.3
seconds west 1410.29 feet returning to the
point north 200550.75 east 845394.18.
(B) Redesignation.--The portion of the project for
navigation Falmouth, Massachusetts, referred to in
subparagraph (A) upstream of a line designated by the 2
points north 199463.18 east 844496.40 and north
199350.36 east 844544.60 is redesignated as an
anchorage area.
(14) Mystic river, massachusetts.--The following portion of
the project for navigation, Mystic River, Massachusetts,
authorized by section 101 of the River and Harbor Act of 1950
(64 Stat. 164): The 35-foot deep channel beginning at a point
on the northern limit of the existing project, N506243.78,
E717600.27, thence running easterly about 1000.00 feet along
the northern limit of the existing project to a point,
N506083.42, E718587.33, thence running southerly about 40.00
feet to a point, N506043.94, E718580.91, thence running
westerly about 1000.00 feet to a point, N506204.29, E717593.85,
thence running northerly about 40.00 feet to the point of
origin.
(15) Reserved Channel, Boston, Massachusetts.--That portion
of the project for navigation, Reserved Channel, Boston,
Massachusetts, authorized by section 101(a)(12) of the Water
Resources Development Act of 1990 (104 Stat. 4607), that
consists of a 40-foot deep channel beginning at a point along
the southern limit of the authorized project, N489391.22,
E728246.54, thence running northerly about 54 feet to a point,
N489445.53, E728244.97, thence running easterly about 2,926
feet to a point, N489527.38, E731170.41, thence running
southeasterly about 81 feet to a point, N489474.87, E731232.55,
thence running westerly about 2,987 feet to the point of
origin.
(16) Weymouth-fore and town rivers, massachusetts.--The
following portions of the project for navigation, Weymouth-Fore
and Town Rivers, Boston Harbor, Massachusetts, authorized by
section 301 of the River and Harbor Act of 1965 (79 Stat.
1089):
(A) The 35-foot deep channel beginning at a bend on
the southern limit of the existing project, N457394.01,
E741109.74, thence running westerly about 405.25 feet
to a point, N457334.64, E740708.86, thence running
southwesterly about 462.60 feet to another bend in the
southern limit of the existing project, N457132.00,
E740293.00, thence running northeasterly about 857.74
feet along the southern limit of the existing project
to the point of origin.
(B) The 15 and 35-foot deep channels beginning at a
point on the southern limit of the existing project,
N457163.41, E739903.49, thence running northerly about
111.99 feet to a point, N457275.37, E739900.76, thence
running westerly about 692.37 feet to a point
N457303.40, E739208.96, thence running southwesterly
about 190.01 feet to another point on the southern
limit of the existing project, N457233.17, E739032.41,
thence running easterly about 873.87 feet along the
southern limit of the existing project to the point of
origin.
(17) Cocheco river, new hampshire.--The portion of the
project for navigation, Cocheco River, New Hampshire,
authorized by the first section of the Act entitled ``An Act
making appropriations for the construction, repair, and
preservation of certain public works on rivers and harbors, and
for other purposes'', approved September 19, 1890 (26 Stat.
436), that consists of a 7-foot deep channel that lies
northerly of a line the coordinates of which are N255292.31,
E713095.36, and N255334.51, E713138.01.
(18) Morristown harbor, new york.--The following portion of
the project for navigation, Morristown Harbor, New York,
authorized by the first section of the Rivers and Harbors Act
of January 21, 1927 (44 Stat. 1011): The portion that lies
north of the north boundary of Morris Street extended.
(19) Oswegatchie river, ogdensburg new york.--The portion
of the Federal channel of the project for navigation,
Ogdensburg Harbor, New York, authorized by the first section of
the Rivers and Harbors Appropriations Act of June 25, 1910 (36
Stat. 635), as modified by the first section of the Rivers and
Harbors Act of August 30, 1935 (49 Stat. 1037), that is in the
Oswegatchie River in Ogdensburg, New York, from the
southernmost alignment of the Route 68 bridge upstream to the
northernmost alignment of the Lake Street bridge.
(20) Conneaut harbor, ohio.--The most southerly 300 feet of
the 1,670-foot long Shore Arm of the project for navigation,
Conneaut Harbor, Ohio, authorized by the first section of the
Rivers and Harbors Appropriation Act of June 25, 1910 (36 Stat.
653).
(21) Lorain small boat basin, lake erie, ohio.--The portion
of the Federal navigation channel, Lorain Small Boat Basin,
Lake Erie, Ohio, authorized pursuant to section 107 of the
River and Harbor Act of 1960 (74 Stat. 486) that is situated in
the State of Ohio, County of Lorain, Township of Black River
and is a part of Original Black River Township Lot Number 1,
Tract Number 1, further known as being submerged lands of Lake
Erie owned by the State of Ohio and that is more definitely
described as follows:
Commencing at a drill hole found on the centerline
of Lakeside Avenue (60 feet in width) at the
intersection of the centerline of the East Shorearm of
Lorain Harbor, said point is known as United States
Army Corps of Engineers Monument No. 203 (N658012.20,
E208953.88).
Thence, in a line north 75 degrees 26 minutes 12
seconds west, a distance of 387.87 feet to a point
(N658109.73, E2089163.47). This point is hereinafter in
this paragraph referred to as the ``principal point of
beginning''.
Thence, north 58 degrees 14 minutes 11 seconds
west, a distance of 50.00 feet to a point (N658136.05,
E2089120.96).
Thence, south 67 degrees 49 minutes 32 seconds
west, a distance of 665.16 feet to a point (N657885.00,
E2088505.00).
Thence, north 88 degrees 13 minutes 52 seconds
west, a distance of 551.38 feet to a point (N657902.02,
E2087953.88).
Thence, north 29 degrees 17 minutes 42 seconds
east, a distance of 114.18 feet to point (N658001.60,
E2088009.75).
Thence, south 88 degrees 11 minutes 40 seconds
east, a distance of 477.00 feet to a point (N657986.57,
E2088486.51).
Thence, north 68 degrees 11 minutes 06 seconds
east, a distance of 601.95 feet to a point (N658210.26,
E2089045.35).
Thence, north 35 degrees 11 minutes 34 seconds
east, a distance of 89.58 feet to a point (N658283.47,
E2089096.98).
Thence, south 20 degrees 56 minutes 30 seconds
east, a distance of 186.03 feet to the principal point
of beginning (N658109.73, E2089163.47) and containing
within such bounds 2.81 acres, more or less, of
submerged land.
(22) Apponaug cove, warwick, rhode island.--The following
portion of the project for navigation, Apponaug Cove, Rhode
Island, authorized under section 101 of the River and Harbor
Act of 1960 (74 Stat. 480): The 6-foot channel bounded by
coordinates N223269.93, E513089.12; N223348.31, E512799.54;
N223251.78, E512773.41; and N223178.0, E513046.0.
(23) Port washington harbor, wisconsin.--The following
portion of the navigation project for Port Washington Harbor,
Wisconsin, authorized by the Rivers and Harbors Appropriations
Act of July 11, 1870 (16 Stat. 223): Beginning at the northwest
corner of project at Channel Pt. No. 36, of the Federal
Navigation Project, Port Washington Harbor, Ozaukee County,
Wisconsin, at coordinates N513529.68, E2535215.64, thence 188
degrees 31 minutes 59 seconds, a distance of 178.32 feet,
thence 196 degrees 47 minutes 17 seconds, a distance of 574.80
feet, thence 270 degrees 58 minutes 25 seconds, a distance of
465.50 feet, thence 178 degrees 56 minutes 17 seconds, a
distance of 130.05 feet, thence 87 degrees 17 minutes 05
seconds, a distance of 510.22 feet, thence 104 degrees 58
minutes 31 seconds, a distance of 178.33 feet, thence 115
degrees 47 minutes 55 seconds, a distance of 244.15 feet,
thence 25 degrees 12 minutes 08 seconds, a distance of 310.00
feet, thence 294 degrees 46 minutes 50 seconds, a distance of
390.20 feet, thence 16 degrees 56 minutes 16 seconds, a
distance of 570.90 feet, thence 266 degrees 01 minutes 25
seconds, a distance of 190.78 feet to Channel Pt. No. 36, point
of beginning.
SEC. 502. PROJECT REAUTHORIZATIONS.
(a) Grand Prairie Region and Bayou Meto Basin, Arkansas.--The
project for flood control, Grand Prairie Region and Bayou Meto Basin,
Arkansas, authorized by section 204 of the Flood Control Act of 1950
(64 Stat. 174) and deauthorized pursuant to section 1001(b)(1) of the
Water Resources Development Act of 1986 (33 U.S.C. 579a(b)(1)), is
authorized to be carried out by the Secretary; except that the scope of
the project includes ground water protection and conservation,
agricultural water supply, and waterfowl management.
(b) White River, Arkansas.--The project for navigation, White River
Navigation to Batesville, Arkansas, authorized by section 601(a) of the
Water Resources Development Act of 1986 (100 Stat. 4139) and
deauthorized by section 52(b) of the Water Resources Development Act of
1988 (102 Stat. 4045), is authorized to be carried out by the
Secretary.
(c) Des Plaines River, Illinois.--The project for wetlands
research, Des Plaines River, Illinois, authorized by section 45 of the
Water Resources Development Act of 1988 (102 Stat. 4041) and
deauthorized pursuant to section 1001 of the Water Resources
Development Act of 1986 (33 U.S.C. 579a(b)), is authorized to be
carried out by the Secretary.
(d) Alpena Harbor, Michigan.--The project for navigation, Alpena
Harbor, Michigan, authorized by section 301 of the River and Harbor Act
of 1965 (79 Stat. 1090) and deauthorized pursuant to section 1001 of
the Water Resources Development Act of 1986 (33 U.S.C. 579a(b)), is
authorized to be carried out by the Secretary.
(e) Ontonagon harbor, ontonagon county, michigan.--The project for
navigation, Ontonagon Harbor, Ontonagon County, Michigan, authorized by
section 101 of the River and Harbor Act of 1962 (76 Stat. 1176) and
deauthorized pursuant to section 1001 of the Water Resources
Development Act of 1986 (33 U.S.C. 579a(b)), is authorized to be
carried out by the Secretary.
(f) Knife River Harbor, Minnesota.--The project for navigation,
Knife River Harbor, Minnesota, authorized by section 100 of the Water
Resources Development Act of 1974 (88 Stat. 41) and deauthorized
pursuant to section 1001 of the Water Resources Development Act of 1986
(33 U.S.C. 579a(b)), is authorized to be carried out by the Secretary.
(g) Cliffwood Beach, New Jersey.--The project for hurricane-flood
protection and beach erosion control on Raritan Bay and Sandy Hook Bay,
New Jersey, authorized by section 203 of the Flood Control Act of 1962
(76 Stat. 118) and deauthorized pursuant to section 1001 of the Water
Resources Development Act of 1986 (33 U.S.C. 579a(b)), is authorized to
be carried out by the Secretary.
SEC. 503. CONTINUATION OF AUTHORIZATION OF CERTAIN PROJECTS.
(a) General Rule.--Notwithstanding section 1001 of the Water
Resources Development Act of 1986 (33 U.S.C. 579a), the following
projects shall remain authorized to be carried out by the Secretary:
(1) Cedar river harbor, michigan.--The project for
navigation, Cedar River Harbor, Michigan, authorized by section
301 of the River and Harbor Act of 1965 (79 Stat. 1090).
(2) Cross village harbor, michigan.--The project for
navigation, Cross Village Harbor, Michigan, authorized by
section 101 of the River and Harbor Act of 1966 (80 Stat.
1405).
(b) Limitation.--A project described in subsection (a) shall not be
authorized for construction after the last day of the 5-year period
that begins on the date of the enactment of this Act unless, during
such period, funds have been obligated for the construction (including
planning and design) of the project.
SEC. 504. LAND CONVEYANCES.
(a) Oakland Inner Harbor Tidal Canal Property, California.--Section
205 of the Water Resources Development Act of 1990 (104 Stat. 4633) is
amended--
(1) by inserting after paragraph (2) the following new
paragraph:
``(3) To adjacent land owners, the United States title to
all or portions of that part of the Oakland Inner Harbor Tidal
Canal which are located within the boundaries of the city in
which such land rests. Such conveyance shall be at fair market
value.'';
(2) by inserting after ``right-of-way'' the following: ``or
other rights deemed necessary by the Secretary''; and
(3) by adding at the end the following: ``The conveyances
and processes involved will be at no cost to the United
States.''.
(b) Mariemont, Ohio.--
(1) In general.--The Secretary shall convey to the village
of Mariemont, Ohio, for a sum of $85,000 all right, title, and
interest of the United States in and to a parcel of land
(including improvements thereto) under the jurisdiction of the
Corps of Engineers and known as the ``Ohio River Division
Laboratory'', as such parcel is described in paragraph (4).
(2) Terms and conditions.--The conveyance under paragraph
(1) shall be subject to such terms and conditions as the
Secretary considers necessary and appropriate to protect the
interests of the United States.
(3) Proceeds.--All proceeds from the conveyance under
paragraph (1) shall be deposited in the general fund of the
Treasury of the United States and credited as miscellaneous
receipts.
(4) Property description.--The parcel of land referred to
in paragraph (1) is the parcel situated in the State of Ohio,
County of Hamilton, Township 4, Fractional Range 2, Miami
Purchase, Columbia Township, Section 15, being parts of Lots 5
and 6 of the subdivision of the dower tract of the estate of
Joseph Ferris as recorded in Plat Book 4, Page 112, of the Plat
Records of Hamilton County, Ohio, Recorder's Office, and more
particularly described as follows:
Beginning at an iron pin set to mark the
intersection of the easterly line of Lot 5 of said
subdivision of said dower tract with the northerly line
of the right-of-way of the Norfolk and Western Railway
Company as shown in Plat Book 27, Page 182, Hamilton
County, Ohio, Surveyor's Office, thence with said
northerly right-of-way line;
South 70 degrees 10 minutes 13 seconds west 258.52
feet to a point; thence leaving the northerly right-of-
way of the Norfolk and Western Railway Company;
North 18 degrees 22 minutes 02 seconds west 302.31
feet to a point in the south line of Mariemont Avenue;
thence along said south line;
North 72 degrees 34 minutes 35 seconds east 167.50
feet to a point; thence leaving the south line of
Mariemont Avenue;
North 17 degrees 25 minutes 25 seconds west 49.00
feet to a point; thence
North 72 degrees 34 minutes 35 seconds east 100.00
feet to a point; thence
South 17 degrees 25 minutes 25 seconds east 49.00
feet to a point; thence
North 72 degrees 34 minutes 35 seconds east 238.90
feet to a point; thence
South 00 degrees 52 minutes 07 seconds east 297.02
feet to a point in the northerly line of the Norfolk
and Western Railway Company; thence with said northerly
right-of-way;
South 70 degrees 10 minutes 13 seconds west 159.63
feet to a point of beginning, containing 3.22 acres,
more or less.
(c) Eufaula Lake, Oklahoma.--
(1) In general.--The Secretary shall convey to the city of
Eufaula, Oklahoma, all right, title, and interest of the United
States in and to a parcel of land consisting of approximately
12.5 acres located at the Eufaula Lake project.
(2) Consideration.--Consideration for the conveyance under
paragraph (1) shall be the fair market value of the parcel (as
determined by the Secretary) and payment of all costs of the
United States in making the conveyance, including the costs
of--
(A) the survey required under paragraph (4);
(B) any other necessary survey or survey
monumentation;
(C) compliance with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
(D) any coordination necessary with respect to
requirements relating to endangered species, cultural
resources, and clean air (including the costs of agency
consultation and public hearings).
(3) Land surveys.--The exact acreage and description of the
parcel to be conveyed under paragraph (1) shall be determined
by such surveys as the Secretary considers necessary, which
shall be carried out to the satisfaction of the Secretary.
(4) Environmental baseline survey.--Prior to making the
conveyance under paragraph (1), the Secretary shall conduct an
environmental baseline survey to determine the levels of any
contamination (as of the date of the survey) for which the
United States would be responsible under the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9601 et seq.) and any other applicable law.
(5) Conditions concerning rights and easement.--The
conveyance under paragraph (1) shall be subject to existing
rights and to retention by the United States of a flowage
easement over all portions of the parcel that lie at or below
the flowage easement contour for the Eufaula Lake project.
(6) Other terms and conditions.--The conveyance under
paragraph (1) shall be subject to such other terms and
conditions as the Secretary considers necessary and appropriate
to protect the interests of the United States.
(d) Boardman, Oregon.--
(1) In general.--The Secretary shall convey to the city of
Boardman, Oregon, all right, title, and interest of the United
States in and to a parcel of land consisting of approximately
141 acres acquired as part of the John Day Lock and Dam project
in the vicinity of such city currently under lease to the
Boardman Park and Recreation District.
(2) Consideration.--
(A) Park and recreation properties.--Properties to
be conveyed under this subsection that will be retained
in public ownership and used for public park and
recreation purposes shall be conveyed without
consideration. If any such property is no longer used
for public park and recreation purposes, then title to
such property shall revert to the Secretary.
(B) Other properties.--Properties to be conveyed
under this subsection and not described in subparagraph
(A) shall be conveyed at fair market value.
(3) Conditions concerning rights and easement.--The
conveyance of properties under this subsection shall be subject
to existing first rights of refusal regarding acquisition of
such properties and to retention of a flowage easement over
portions of the properties that the Secretary determines to be
necessary for operation of the project.
(4) Other terms and conditions.--The conveyance of
properties under this subsection shall be subject to such other
terms and conditions as the Secretary considers necessary and
appropriate to protect the interests of the United States.
(e) Tri-Cities Area, Washington.--
(1) General authority.--As soon as practicable after the
date of the enactment of this Act, the Secretary shall make the
conveyances to the local governments referred to in paragraph
(2) of all right, title, and interest of the United States in
and to the property described in paragraph (2).
(2) Property descriptions.--
(A) Benton county.--The property to be conveyed
pursuant to paragraph (1) to Benton County, Washington,
is the property in such county which is designated
``Area D'' on Exhibit A to Army Lease No. DACW-68-1-81-
43.
(B) Franklin county, washington.--The property to
be conveyed pursuant to paragraph (1) to Franklin
County, Washington, is--
(i) the 105.01 acres of property leased
pursuant to Army Lease No. DACW-68-1-77-20 as
executed by Franklin County, Washington, on
April 7, 1977;
(ii) the 35 acres of property leased
pursuant to Supplemental Agreement No. 1 to
Army Lease No. DACW-68-1-77-20;
(iii) the 20 acres of property commonly
known as ``Richland Bend'' which is designated
by the shaded portion of Lot 1, Section 11, and
the shaded portion of Lot 1, Section 12,
Township 9 North, Range 28 East, W.M. on
Exhibit D to Supplemental Agreement No. 2 to
Army Lease No. DACW-68-1-77-20;
(iv) the 7.05 acres of property commonly
known as ``Taylor Flat'' which is designated by
the shaded portion of Lot 1, Section 13,
Township 11 North, Range 28 East, W.M. on Exhibit D to Supplemental
Agreement No. 2 to Army Lease No. DACW-68-1-77-20;
(v) the 14.69 acres of property commonly
known as ``Byers Landing'' which is designated
by the shaded portion of Lots 2 and 3, Section
2, Township 10 North, Range 28 East, W.M. on
Exhibit D to Supplemental Agreement No. 2 to
Army Lease No. DACW-68-1-77-20; and
(vi) all levees within Franklin County,
Washington, as of the date of the enactment of
this Act, and the property upon which the
levees are situated.
(C) City of kennewick, washington.--The property to
be conveyed pursuant to paragraph (1) to the city of
Kennewick, Washington, is the property within the city
which is subject to the Municipal Sublease Agreement
entered into on April 6, 1989, between Benton County,
Washington, and the cities of Kennewick and Richland,
Washington.
(D) City of richland, washington.--The property to
be conveyed pursuant to paragraph (1), to the city of
Richland, Washington, is the property within the city
which is subject to the Municipal Sublease Agreement
entered into on April 6, 1989, between Benton County,
Washington, and the Cities of Kennewick and Richland,
Washington.
(E) City of pasco, washington.--The property to be
conveyed pursuant to paragraph (1), to the city of
Pasco, Washington, is--
(i) the property within the city of Pasco,
Washington, which is leased pursuant to Army
Lease No. DACW-68-1-77-10; and
(ii) all levees within such city, as of the
date of the enactment of this Act, and the
property upon which the levees are situated.
(F) Port of pasco, washington.--The property to be
conveyed pursuant to paragraph (1) to the Port of
Pasco, Washington, is--
(i) the property owned by the United States
which is south of the Burlington Northern
Railroad tracks in Lots 1 and 2, Section 20,
Township 9 North, Range 31 East, W.M.; and
(ii) the property owned by the United
States which is south of the Burlington
Northern Railroad tracks in Lots 1, 2, 3, and
4, in each of Sections 21, 22, and 23, Township
9 North, Range 31 East, W.M.
(G) Additional properties.--In addition to
properties described in subparagraphs (A) through (F),
the Secretary may convey to a local government referred
to in subparagraphs (A) through (F) such properties
under the jurisdiction of the Secretary in the Tri-
Cities area as the Secretary and the local government
agree are appropriate for conveyance.
(3) Terms and conditions.--
(A) In general.--The conveyances under paragraph
(1) shall be subject to such terms and conditions as
the Secretary considers necessary and appropriate to
protect the interests of the United States.
(B) Special rules for franklin county.--The
property described in paragraph (2)(B)(vi) shall be
conveyed only after Franklin County, Washington, has
entered into a written agreement with the Secretary
which provides that the United States shall continue to
operate and maintain the flood control drainage areas
and pump stations on the property conveyed and that the
United States shall be provided all easements and
rights necessary to carry out that agreement.
(C) Special rule for city of pasco.--The property
described in paragraph (2)(E)(ii) shall be conveyed
only after the city of Pasco, Washington, has entered
into a written agreement with the Secretary which
provides that the United States shall continue to
operate and maintain the flood control drainage areas
and pump stations on the property conveyed and that the
United States shall be provided all easements and
rights necessary to carry out that agreement.
(D) Consideration.--
(i) Park and recreation properties.--
Properties to be conveyed under this subsection
that will be retained in public ownership and
used for public park and recreation purposes
shall be conveyed without consideration. If any
such property is no longer used for public park
and recreation purposes, then title to such
property shall revert to the Secretary.
(ii) Other properties.--Properties to be
conveyed under this subsection and not
described in clause (i) shall be conveyed at
fair market value.
(4) Lake wallula levees.--
(A) Determination of minimum safe height.--
(i) Contract.--Within 30 days after the
date of the enactment of this Act, the
Secretary shall contract with a private entity
agreed to under clause (ii) to determine,
within 6 months after such date of enactment,
the minimum safe height for the levees of the
project for flood control, Lake Wallula,
Washington. The Secretary shall have final
approval of the minimum safe height.
(ii) Agreement of local officials.--A
contract shall be entered into under clause (i)
only with a private entity agreed to by the
Secretary, appropriate representatives of
Franklin County, Washington, and appropriate
representatives of the city of Pasco,
Washington.
(B) Authority.--A local government may reduce, at
its cost, the height of any levee of the project for
flood control, Lake Wallula, Washington, within the
boundaries of such local government to a height not
lower than the minimum safe height determined pursuant
to subparagraph (A).
(f) Applicability of Other Laws.--Any contract for sale, deed, or
other transfer of real property under this section shall be carried out
in compliance with all applicable provisions of section 120(h) of the
Comprehensive Environmental Response, Compensation, and Liability Act
and other environmental laws.
SEC. 505. NAMINGS.
(a) Milt Brandt Visitors Center, California.--
(1) Designation.--The visitors center at Warm Springs Dam,
California, authorized by section 203 of the Flood Control Act
of 1962 (76 Stat. 1192), shall be known and designated as the
``Milt Brandt Visitors Center''.
(2) Legal references.--Any reference in a law, map,
regulation, document, paper, or other record of the United
States to the visitors center referred to in paragraph (1)
shall be deemed to be a reference to the ``Milt Brandt Visitors
Center''.
(b) Carr Creek Lake, Kentucky.--
(1) Designation.--Carr Fork Lake in Knott County, Kentucky,
authorized by section 203 of the Flood Control Act of 1962 (76
Stat. 1188), shall be known and designated as the ``Carr Creek
Lake''.
(2) Legal references.--Any reference in a law, map,
regulation, document, paper, or other record of the United
States to the lake referred to in paragraph (1) shall be deemed
to be a reference to the ``Carr Creek Lake''.
(c) William H. Natcher Bridge, Maceo, Kentucky, and Rockport,
Indiana.--
(1) Designation.--The bridge on United States Route 231
which crosses the Ohio River between Maceo, Kentucky, and
Rockport, Indiana, shall be known and designated as the
``William H. Natcher Bridge''.
(2) Legal references.--Any reference in a law, map,
regulation, document, paper, or other record of the United
States to the bridge referred to in paragraph (1) shall be
deemed to be a reference to the ``William H. Natcher Bridge''.
(d) John T. Myers Lock and Dam, Indiana and Kentucky.--
(1) Designation.--Uniontown Lock and Dam, on the Ohio
River, Indiana and Kentucky, shall be known and designated as
the ``John T. Myers Lock and Dam''.
(2) Legal references.--Any reference in a law, map,
regulation, document, paper, or other record of the United
States to the lock and dam referred to in paragraph (1) shall
be deemed to be a reference to the ``John T. Myers Lock and
Dam''.
(e) J. Edward Roush Lake, Indiana.--
(1) Redesignation.--The lake on the Wabash River in
Huntington and Wells Counties, Indiana, authorized by section
203 of the Flood Control Act of 1958 (72 Stat. 312), and known
as Huntington Lake, shall be known and designated as the ``J.
Edward Roush Lake''.
(2) Legal references.--Any reference in a law, map,
regulation, document, paper, or other record of the United
States to the lake referred to in paragraph (1) shall be deemed
to be a reference to the ``J. Edward Roush Lake''.
(f) Russell B. Long Lock and Dam, Red River Waterway, Louisiana.--
(1) Designation.--Lock and Dam 4 of the Red River Waterway,
Louisiana, shall be known and designated as the ``Russell B.
Long Lock and Dam''.
(2) Legal references.--A reference in any law, map,
regulation, document, paper, or other record of the United
States to the lock and dam referred to in paragraph (1) shall
be deemed to be a reference to the ``Russell B. Long Lock and
Dam''.
(g) William L. Jess Dam and Intake Structure, Oregon.--
(1) Designation.--The dam located at mile 153.6 on the
Rogue River in Jackson County, Oregon, and commonly known as
the Lost Creek Dam Lake Project, shall be known and designated
as the ``William L. Jess Dam and Intake Structure''.
(2) Legal references.--Any reference in a law, map,
regulation, document, paper, or other record of the United
States to the dam referred to in section 1 shall be deemed to
be a reference to the ``William L. Jess Dam and Intake
Structure''.
(h) Aberdeen Lock and Dam, Tennessee-Tombigbee Waterway.--
(1) Designation.--The lock and dam at Mile 358 of the
Tennessee-Tombigbee Waterway is designated as the ``Aberdeen
Lock and Dam''.
(2) Legal reference.--Any reference in a law, map,
regulation, document, paper, or other record of the United
States to the lock and dam referred to in paragraph (1) is
deemed to be a reference to the ``Aberdeen Lock and Dam''.
(i) Amory Lock, Tennessee-Tombigbee Waterway.--
(1) Designation.--Lock A at Mile 371 of the Tennessee-
Tombigbee Waterway is designated as the ``Amory Lock''.
(2) Legal reference.--Any reference in a law, map,
regulation, document, paper, or other record of the United
States to the lock referred to in paragraph (1) is deemed to be
a reference to the ``Amory Lock''.
(j) Fulton Lock, Tennessee-Tombigbee Waterway.--
(1) Designation.--Lock C at Mile 391 of the Tennessee-
Tombigbee Waterway is designated as the ``Fulton Lock''.
(2) Legal reference.--Any reference in a law, map,
regulation, document, paper, or other record of the United
States to the lock referred to in paragraph (1) is deemed to be
a reference to the ``Fulton Lock''.
(k) Howell Heflin Lock and Dam, Tennessee-Tombigbee Waterway.--
(1) Redesignation.--The lock and dam at Mile 266 of the
Tennessee-Tombigbee Waterway, known as the Gainesville Lock and
Dam, is redesignated as the ``Howell Heflin Lock and Dam''.
(2) Legal reference.--Any reference in a law, map,
regulation, document, paper, or other record of the United
States to the lock and dam referred to in paragraph (1) is
deemed to be a reference to the ``Howell Heflin Lock and Dam''.
(l) G.V. ``Sonny'' Montgomery Lock, Tennessee-Tombigbee Waterway.--
(1) Designation.--Lock E at Mile 407 of the Tennessee-
Tombigbee Waterway is designated as the ``G.V. `Sonny'
Montgomery Lock''.
(2) Legal reference.--Any reference in a law, map,
regulation, document, paper, or other record of the United
States to the lock referred to in paragraph (1) is deemed to be
a reference to the ``G.V. `Sonny' Montgomery Lock''.
(m) John Rankin Lock, Tennessee-Tombigbee Waterway.--
(1) Designation.--Lock D at Mile 398 of the Tennessee-
Tombigbee Waterway is designated as the ``John Rankin Lock''.
(2) Legal reference.--Any reference in a law, map,
regulation, document, paper, or other record of the United
States to the lock referred to in paragraph (1) is deemed to be
a reference to the ``John Rankin Lock''.
(n) John C. Stennis Lock and Dam, Tennessee-Tombigbee Waterway.--
(1) Redesignation.--The lock and dam at Mile 335 of the
Tennessee-Tombigbee Waterway, known as the Columbus Lock and
Dam, is redesignated as the ``John C. Stennis Lock and Dam''.
(2) Legal reference.--Any reference in a law, map,
regulation, document, paper, or other record of the United
States to the lock and dam referred to in paragraph (1) is
deemed to be a reference to the ``John C. Stennis Lock and
Dam''.
(o) Jamie Whitten Lock and Dam, Tennessee-Tombigbee Waterway.--
(1) Redesignation.--The lock and dam at Mile 412 of the
Tennessee-Tombigbee Waterway, known as the Bay Springs Lock and
Dam, is redesignated as the ``Jamie Whitten Lock and Dam''.
(2) Legal reference.--Any reference in a law, map,
regulation, document, paper, or other record of the United
States to the lock and dam referred to in paragraph (1) is
deemed to be a reference to the ``Jamie Whitten Lock and Dam''.
(p) Glover Wilkins Lock, Tennessee-Tombigbee Waterway.--
(1) Designation.--Lock B at Mile 376 of the Tennessee-
Tombigbee Waterway is designated as the ``Glover Wilkins
Lock''.
(2) Legal reference.--Any reference in a law, map,
regulation, document, paper, or other record to the lock
referred to in paragraph (1) is deemed to be a reference to the
``Glover Wilkins Lock''.
SEC. 506. WATERSHED MANAGEMENT, RESTORATION, AND DEVELOPMENT.
(a) In General.--The Secretary is authorized to provide technical,
planning, and design assistance to non-Federal interests for carrying
out watershed management, restoration, and development projects at the
locations described in subsection (d).
(b) Specific Measures.--Assistance provided pursuant to subsection
(a) may be in support of non-Federal projects for the following
purposes:
(1) Management and restoration of water quality.
(2) Control and remediation of toxic sediments.
(3) Restoration of degraded streams, rivers, wetlands, and
other waterbodies to their natural condition as a means to
control flooding, excessive erosion, and sedimentation.
(4) Protection and restoration of watersheds, including
urban watersheds.
(5) Demonstration of technologies for nonstructural
measures to reduce destructive impact of flooding.
(c) Non-Federal Share.--The non-Federal share of the cost of
assistance provided under this section shall be 50 percent.
(d) Project Locations.--The Secretary may provide assistance under
subsection (a) for projects at the following locations:
(1) Gila River and Tributaries, Santa Cruz River, Arizona.
(2) Rio Salado, Salt River, Phoenix and Tempe, Arizona.
(3) Colusa basin, California.
(4) Los Angeles River watershed, California.
(5) Russian River watershed, California.
(6) Sacramento River watershed, California.
(7) San Pablo Bay watershed, California.
(8) Nancy Creek, Utoy Creek, and North Peachtree Creek and
South Peachtree Creek basin, Georgia.
(9) Lower Platte River watershed, Nebraska.
(10) Juniata River watershed, Pennsylvania, including
Raystown Lake.
(11) Upper Potomac River watershed, Grant and Mineral
Counties, West Virginia.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $25,000,000 for fiscal years
beginning after September 30, 1996.
SEC. 507. LAKES PROGRAM.
Section 602(a) of the Water Resources Development Act of 1986 (100
Stat. 4148-4149) is amended--
(1) by striking ``and'' at the end of paragraph (10);
(2) by striking the period at the end of paragraph (11) and
inserting a semicolon; and
(3) by adding at the end the following:
``(12) Goodyear Lake, Otsego County, New York, removal of
silt and aquatic growth;
``(13) Otsego Lake, Otsego County, New York, removal of
silt and aquatic growth and measures to address high nutrient
concentration;
``(14) Oneida Lake, Oneida County, New York, removal of
silt and aquatic growth;
``(15) Skaneateles and Owasco Lakes, New York, removal of
silt and aquatic growth and prevention of sediment deposit; and
``(16) Twin Lakes, Paris, Illinois, removal of silt and
excess aquatic vegetation, including measures to address
excessive sedimentation, high nutrient concentration, and
shoreline erosion.''.
SEC. 508. MAINTENANCE OF NAVIGATION CHANNELS.
(a) In General.--Upon request of the non-Federal interest, the
Secretary shall be responsible for maintenance of the following
navigation channels constructed or improved by non-Federal interests if
the Secretary determines that such maintenance is economically
justified and environmentally acceptable and that the channel was
constructed in accordance with applicable permits and appropriate
engineering and design standards:
(1) Humboldt Harbor and Bay, Fields Landing Channel,
California.
(2) Mare Island Strait, California; except that, for
purposes of this section, the navigation channel shall be
deemed to have been constructed or improved by non-Federal
interests.
(3) Mississippi River Ship Channel, Chalmette Slip,
Louisiana.
(4) Greenville Inner Harbor Channel, Mississippi.
(5) Providence Harbor Shipping Channel, Rhode Island.
(6) Matagorda Ship Channel, Point Comfort Turning Basin,
Texas.
(7) Corpus Christi Ship Channel, Rincon Canal System,
Texas.
(8) Brazos Island Harbor, Texas, connecting channel to
Mexico.
(9) Blair Waterway, Tacoma Harbor, Washington.
(b) Completion of Assessment.--Within 6 months of receipt of a
request from the non-Federal interest for Federal assumption of
maintenance of a channel listed in subsection (a), the Secretary shall
make a determination as provided in subsection (a) and advise the non-
Federal interest of the Secretary's determination.
SEC. 509. GREAT LAKES REMEDIAL ACTION PLANS AND SEDIMENT REMEDIATION.
Section 401 of the Water Resources Development Act of 1990 (104
Stat. 4644) is amended to read as follows:
``SEC. 401. GREAT LAKES REMEDIAL ACTION PLANS AND SEDIMENT REMEDIATION.
``(a) Great Lakes Remedial Action Plans.--
``(1) In general.--The Secretary is authorized to provide
technical, planning, and engineering assistance to State and
local governments and nongovernmental entities designated by
the State or local government in the development and
implementation of remedial action plans for areas of concern in
the Great Lakes identified under the Great Lakes Water Quality
Agreement of 1978.
``(2) Non-federal share.--Non-Federal interests shall
contribute, in cash or by providing in-kind contributions, 50
percent of costs of activities for which assistance is provided
under paragraph (1).
``(b) Sediment Remediation Demonstration Projects.--
``(1) In general.--The Secretary, in consultation with the
Administrator of the Environmental Protection Agency (acting
through the Great Lakes National Program Office), may conduct
pilot- and full-scale demonstration projects of promising
techniques to remediate contaminated sediments in freshwater
coastal regions in the Great Lakes basin. The Secretary must
conduct no fewer than 3 full-scale demonstration projects under
this subsection.
``(2) Site selection for demonstration projects.--In
selecting the sites for the technology demonstration projects,
the Secretary shall give priority consideration to Saginaw Bay,
Michigan, Sheboygan Harbor, Wisconsin, Grand Calumet River,
Indiana, Ashtabula River, Ohio, Buffalo River, New York, and
Duluth/Superior Harbor, Minnesota.
``(3) Deadline for identifications.--Within 18 months after
the date of the enactment of this subsection, the Secretary
shall identify the sites and technologies to be demonstrated
and complete each such full-scale demonstration project within
3 years after such date of enactment.
``(4) Non-federal share.--Non-Federal interests shall
contribute 50 percent of costs of projects under this
subsection. Such costs may be paid in cash or by providing in-
kind contributions.
``(5) Authorizations.--There is authorized to be
appropriated to the Secretary to carry out this section
$5,000,000 for each of fiscal years 1997 through 2000.''.
SEC. 510. GREAT LAKES DREDGED MATERIAL TESTING AND EVALUATION MANUAL.
The Secretary, in cooperation with the Administrator of the
Environmental Protection Agency, shall provide technical assistance to
non-Federal interests on testing procedures contained in the Great
Lakes Dredged Material Testing and Evaluation Manual developed pursuant
to section 230.2(c) of title 40, Code of Federal Regulations.
SEC. 511. GREAT LAKES SEDIMENT REDUCTION.
(a) Great Lakes Tributary Sediment Transport Model.--For each major
river system or set of major river systems depositing sediment into a
Great Lakes federally authorized commercial harbor, channel maintenance
project site, or Area of Concern identified under the Great Lakes Water
Quality Agreement of 1978, the Secretary, in consultation and
coordination with the Great Lakes States, shall develop a tributary
sediment transport model.
(b) Requirements for Models.--In developing a tributary sediment
transport model under this section, the Secretary shall--
(1) build upon data and monitoring information generated in
earlier studies and programs of the Great Lakes and their
tributaries; and
(2) complete models for 30 major river systems, either
individually or in combination as part of a set, within the 5-
year period beginning on the date of the enactment of this Act.
SEC. 512. GREAT LAKES CONFINED DISPOSAL FACILITIES.
(a) Assessment.--The Secretary shall conduct an assessment of the
general conditions of confined disposal facilities in the Great Lakes.
(b) Report.--Not later than 3 years after the date of the enactment
of this Act, the Secretary shall transmit to Congress a report on the
results of the assessment conducted under subsection (a), including the
following:
(1) A description of the cumulative effects of confined
disposal facilities in the Great Lakes.
(2) Recommendations for specific remediation actions for
each confined disposal facility in the Great Lakes.
(3) An evaluation of, and recommendations for, confined
disposal facility management practices and technologies to
conserve capacity at such facilities and to minimize adverse
environmental effects at such facilities throughout the Great
Lakes system.
SEC. 513. CHESAPEAKE BAY RESTORATION AND PROTECTION PROGRAM.
(a) Establishment.--The Secretary shall establish a pilot program
to provide to non-Federal interests in the Chesapeake Bay watershed
technical, planning, design, and construction assistance for water-
related environmental infrastructure and resource protection and
development projects affecting the Chesapeake Bay, including projects
for sediment and erosion control, protection of eroding shorelines,
protection of essential public works, wastewater treatment and related
facilities, water supply and related facilities, and beneficial uses of
dredged material, and other related projects.
(b) Public Ownership Requirement.--The Secretary may provide
assistance for a project under this section only if the project is
publicly owned and will be publicly operated and maintained.
(c) Cooperation Agreement.--
(1) In general.--Before providing assistance under this
section, the Secretary shall enter into a project cooperation
agreement pursuant to section 221 of the Flood Control Act of
1970 (84 Stat. 1818) with a non-Federal interest to provide for
technical, planning, design, and construction assistance for
the project.
(2) Requirements.--Each agreement entered into pursuant to
this subsection shall provide for the following:
(A) Plan.--Development by the Secretary, in
consultation with appropriate Federal, State, and local
officials, of a plan, including appropriate engineering
plans and specifications and an estimate of expected
benefits.
(B) Legal and institutional structures.--
Establishment of such legal and institutional
structures as are necessary to ensure the effective
long-term operation and maintenance of the project by
the non-Federal interest.
(d) Cost Sharing.--
(1) Federal share.--Except as provided in paragraph (2)(B),
the Federal share of the total project costs of each local
cooperation agreement entered into under this section shall be
75 percent.
(2) Non-federal share.--
(A) Provision of lands, easements, rights-of-way,
and relocations.--The non-Federal interests for a
project to which this section applies shall provide the
lands, easements, rights-of-way, relocations, and
dredged material disposal areas necessary for the
project.
(B) Value of lands, easements, rights-of-way, and
relocations.--In determining the non-Federal
contribution toward carrying out a local cooperation
agreement entered into under this section, the
Secretary shall provide credit to a non-Federal
interest for the value of lands, easements, rights-of-
way, relocations, and dredged material disposal areas
provided by the non-Federal interest, except that the
amount of credit provided for a project under this
paragraph may not exceed 25 percent of total project
costs.
(C) Operation and maintenance costs.--The non-
Federal share of the costs of operation and maintenance
of carrying out the agreement under this section shall
be 100 percent.
(e) Applicability of Other Federal and State Laws and Agreements.--
(1) In general.--Nothing in this section waives, limits, or
otherwise affects the applicability of any provision of Federal
or State law that would otherwise apply to a project carried
out with assistance provided under this section.
(2) Cooperation.--In carrying out this section, the
Secretary shall cooperate with the heads of appropriate Federal
agencies.
(f) Report.--Not later than December 31, 1998, the Secretary shall
transmit to Congress a report on the results of the program carried out
under this section, together with a recommendation concerning whether
or not the program should be implemented on a national basis.
(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $15,000,000.
SEC. 514. EXTENSION OF JURISDICTION OF MISSISSIPPI RIVER COMMISSION.
The jurisdiction of the Mississippi River Commission, established
by the first section of the Act of June 28, 1879 (33 U.S.C. 641; 21
Stat. 37), is extended to include--
(1) all of the area between the eastern side of the Bayou
Lafourche Ridge from Donaldsonville, Louisiana, to the Gulf of
Mexico and the west guide levee of the Mississippi River from
Donaldsonville, Louisiana, to the Gulf of Mexico;
(2) Alexander County, Illinois; and
(3) the area in the State of Illinois from the confluence
of the Mississippi and Ohio Rivers northward to the vicinity of
Mississippi River mile 39.5, including the Len Small Drainage
and Levee District, insofar as such area is affected by the
flood waters of the Mississippi River.
SEC. 515. ALTERNATIVE TO ANNUAL PASSES.
(a) In General.--The Secretary shall evaluate the feasibility of
implementing an alternative to the $25 annual pass that the Secretary
currently offers to users of recreation facilities at water resources
projects of the Corps of Engineers.
(b) Annual Pass.--The evaluation under subsection (a) shall include
the establishment of an annual pass which costs $10 or less for the use
of recreation facilities at Raystown Lake, Pennsylvania.
(c) Report.--Not later than December 31, 1998, the Secretary shall
transmit to Congress a report on the results of the project carried out
under this section, together with recommendations concerning whether
annual passes for individual projects should be offered on a nationwide
basis.
SEC. 516. RECREATION PARTNERSHIP INITIATIVE.
(a) In General.--The Secretary shall promote Federal, non-Federal,
and private sector cooperation in creating public recreation
opportunities and developing the necessary supporting infrastructure at
water resources projects of the Corps of Engineers.
(b) Infrastructure Improvements.--
(1) Recreation infrastructure improvements.--In
demonstrating the feasibility of the public-private
cooperative, the Secretary shall provide, at Federal expense,
such infrastructure improvements as are necessary to support a
potential private recreational development at the Raystown Lake
Project, Pennsylvania, generally in accordance with the Master
Plan Update (1994) for the project.
(2) Agreement.--The Secretary shall enter into an agreement
with an appropriate non-Federal public entity to ensure that
the infrastructure improvements constructed by the Secretary on
non-project lands pursuant to paragraph (1) are transferred to
and operated and maintained by the non-Federal public entity.
(3) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $4,500,000 for
fiscal years beginning after September 30, 1996.
(c) Report.--Not later than December 31, 1998, the Secretary shall
transmit to Congress a report on the results of the cooperative efforts
carried out under this section, including the improvements required by
subsection (b).
SEC. 517. ENVIRONMENTAL INFRASTRUCTURE.
Section 219 of the Water Resources Development Act of 1992 (106
Stat. 4836-4837) is amended by adding at the end the following new
subsection:
``(e) Authorization of Appropriations.--There is authorized to be
appropriated for providing construction assistance under this section--
``(1) $10,000,000 for the project described in subsection
(c)(5);
``(2) $2,000,000 for the project described in subsection
(c)(6);
``(3) $10,000,000 for the project described in subsection
(c)(7);
``(4) $11,000,000 for the project described in subsection
(c)(8);
``(5) $20,000,000 for the project described in subsection
(c)(16); and
``(6) $20,000,000 for the project described in subsection
(c)(17).''.
SEC. 518. CORPS CAPABILITY TO CONSERVE FISH AND WILDLIFE.
Section 704(b) of the Water Resources Development Act of 1986 (33
U.S.C. 2263(b); 100 Stat. 4157) is amended--
(1) by striking ``$5,000,000''; and inserting
``$10,000,000''; and
(2) in paragraph (4) by inserting ``and Virginia'' after
``Maryland''.
SEC. 519. PERIODIC BEACH NOURISHMENT.
The Secretary shall carry out periodic beach nourishment for each
of the following projects for a period of 50 years beginning on the
date of initiation of construction of such project:
(1) Broward county, florida.--Project for shoreline
protection, segments II and III, Broward County, Florida.
(2) Fort pierce, florida.--Project for shoreline
protection, Fort Pierce, Florida.
(3) Lee county, florida.--Project for shoreline protection,
Lee County, Captiva Island segment, Florida.
(4) Palm beach county, florida.--Project for shoreline
protection, Jupiter/Carlin, Ocean Ridge, and Boca Raton North
Beach segments, Palm Beach County, Florida.
(5) Panama city beaches, florida.--Project for shoreline
protection, Panama City Beaches, Florida.
(6) Tybee island, georgia.--Project for beach erosion
control, Tybee Island, Georgia.
SEC. 520. CONTROL OF AQUATIC PLANTS.
The Secretary shall carry out under section 104(b) of the River and
Harbor Act of 1958 (33 U.S.C. 610(b))--
(1) a program to control aquatic plants in Lake St. Clair,
Michigan; and
(2) program to control aquatic plants in the Schuylkill
River, Philadelphia, Pennsylvania.
SEC. 521. HOPPER DREDGES.
Section 3 of the Act of August 11, 1888 (33 U.S.C. 622; 25 Stat.
423), is amended by adding at the end the following:
``(c) Program To Increase Use of Private Hopper Dredges.--
``(1) Initiation.--The Secretary shall initiate a program
to increase the use of private industry hopper dredges for the
construction and maintenance of Federal navigation channels.
``(2) Ready reserve status for hopper dredge wheeler.--In
order to carry out the requirements of this subsection, the
Secretary shall, not later than the earlier of 90 days after
the date of completion of the rehabilitation of the hopper
dredge McFarland pursuant to section 564 of the Water Resources
Development Act of 1996 or October 1, 1997, place the Federal
hopper dredge Wheeler in a ready reserve status.
``(3) Testing and use of ready reserve hopper dredge.--The
Secretary may periodically perform routine tests of the
equipment of the vessel placed in a ready reserve status under
this subsection to ensure the vessel's ability to perform
emergency work. The Secretary shall not assign any scheduled
hopper dredging work to such vessel but shall perform any
repairs needed to maintain the vessel in a fully operational
condition. The Secretary may place the vessel in active status
in order to perform any dredging work only in the event the
Secretary determines that private industry has failed to submit
a responsive and responsible bid for work advertised by the
Secretary or to carry out the project as required pursuant to a
contract with the Secretary.
``(4) Repair and rehabilitation.--The Secretary may
undertake any repair and rehabilitation of any Federal hopper
dredge, including the vessel placed in ready reserve status
under paragraph (2) to allow the vessel to be placed into
active status as provided in paragraph (3).
``(5) Procedures.--The Secretary shall develop and
implement procedures to ensure that, to the maximum extent
practicable, private industry hopper dredge capacity is
available to meet both routine and time-sensitive dredging
needs. Such procedures shall include--
``(A) scheduling of contract solicitations to
effectively distribute dredging work throughout the
dredging season; and
``(B) use of expedited contracting procedures to
allow dredges performing routine work to be made
available to meet time-sensitive, urgent, or emergency
dredging needs.
``(6) Report.--Not later than 2 years after the date of the
enactment of this subsection, the Secretary shall report to
Congress on whether the vessel placed in ready reserve status
pursuant to paragraph (2) is needed to be returned to active
status or continued in a ready reserve status or whether
another Federal hopper dredge should be placed in a ready
reserve status.
``(7) Limitations.--
``(A) Reductions in status.--The Secretary may not
further reduce the readiness status of any Federal
hopper dredge below a ready reserve status except any
vessel placed in such status for not less than 5 years
which the Secretary determines has not been used
sufficiently to justify retaining the vessel in such
status.
``(B) Increase in assignments of dredging work.--
For each fiscal year beginning after the date of the
enactment of this subsection, the Secretary shall not
assign any greater quantity of dredging work to any
Federal hopper dredge in an active status than was
assigned to that vessel in the average of the 3 prior
fiscal years.
``(8) Contracts; payment of capital costs.--The Secretary
may enter into a contract for the maintenance and crewing of
any vessel retained in a ready reserve status. The capital
costs (including depreciation costs) of any vessel retained in
such status shall be paid for out of funds made available from
the Harbor Maintenance Trust Fund and shall not be charged
against the Corps of Engineers' Revolving Fund Account or any
individual project cost unless the vessel is specifically used
in connection with that project.''.
SEC. 522. DESIGN AND CONSTRUCTION ASSISTANCE.
The Secretary shall provide design and construction assistance to
non-Federal interests for the following projects:
(1) Repair and rehabilitation of the Lower Girard Lake Dam,
Girard, Ohio, at an estimated total cost of $2,500,000.
(2) Construction of a multi-purpose dam and reservoir, Bear
Valley Dam, Franklin County, Pennsylvania, at an estimated
total cost of $15,000,000.
(3) Repair and upgrade of the dam and appurtenant features
at Lake Merriweather, Little Calfpasture River, Virginia, at an
estimated total cost of $6,000,000.
SEC. 523. FIELD OFFICE HEADQUARTERS FACILITIES.
Subject to amounts being made available in advance in
appropriations Acts, the Secretary may use Plant Replacement and
Improvement Program funds to design and construct a new headquarters
facility for--
(1) the New England Division, Waltham, Massachusetts; and
(2) the Jacksonville District, Jacksonville, Florida.
SEC. 524. CORPS OF ENGINEERS RESTRUCTURING PLAN.
(a) Division Office, Chicago, Illinois.--The Secretary shall
continue to maintain a division office of the Corps of Engineers in
Chicago, Illinois, notwithstanding any plan developed pursuant to title
I of the Energy and Water Development Appropriations Act, 1996 (109
Stat. 405) to reduce the number of division offices. Such division
office shall be responsible for the 5 district offices for which the
division office was responsible on June 1, 1996.
(b) District Office, St. Louis, Missouri.--The Secretary shall not
reassign the St. Louis District of the Corps of Engineers from the
operational control of the Lower Mississippi Valley Division.
SEC. 525. LAKE SUPERIOR CENTER.
(a) Construction.--The Secretary, shall assist the Minnesota Lake
Superior Center authority in the construction of an educational
facility to be used in connection with efforts to educate the public in
the economic, recreational, biological, aesthetic, and spiritual worth
of Lake Superior and other large bodies of fresh water.
(b) Public Ownership.--Prior to providing any assistance under
subsection (a), the Secretary shall verify that the facility to be
constructed under subsection (a) will be owned by the public authority
established by the State of Minnesota to develop, operate, and maintain
the Lake Superior Center.
(c) Authorization of Appropriations.--There is authorized to be
appropriated for fiscal years beginning after September 30, 1996,
$10,000,000 for the construction of the facility under subsection (a).
SEC. 526. JACKSON COUNTY, ALABAMA.
The Secretary shall provide technical, planning, and design
assistance to non-Federal interests for wastewater treatment and
related facilities, remediation of point and nonpoint sources of
pollution and contaminated riverbed sediments, and related activities
in Jackson County, Alabama, including the city of Stevenson. The
Federal cost of such assistance may not exceed $5,000,000.
SEC. 527. EARTHQUAKE PREPAREDNESS CENTER OF EXPERTISE EXTENSION.
The Secretary shall establish an extension of the Earthquake
Preparedness Center of Expertise for the central United States at an
existing district office of the Corps of Engineers near the New Madrid
fault.
SEC. 528. QUARANTINE FACILITY.
Section 108(c) of the Water Resources Development Act of 1992 (106
Stat. 4816) is amended by striking ``$1,000,000'' and inserting
``$4,000,000''.
SEC. 529. BENTON AND WASHINGTON COUNTIES, ARKANSAS.
Section 220 of the Water Resources Development Act of 1992 (106
Stat. 4836-4837) is amended by adding at the end the following new
subsection:
``(c) Use of Federal Funds.--The Secretary may make available to
the non-Federal interests funds not to exceed an amount equal to the
Federal share of the total project cost to be used by the non-Federal
interests to undertake the work directly or by contract.''.
SEC. 530. CALAVERAS COUNTY, CALIFORNIA.
(a) Cooperation Agreements.--The Secretary shall enter into
cooperation agreements with non-Federal interests to develop and carry
out, in cooperation with Federal and State agencies, reclamation and
protection projects for the purpose of abating and mitigating surface
water quality degradation caused by abandoned mines in the watershed of
the lower Mokelume River in Calaveras County, California.
(b) Consultation With Federal Entities.--Any project under
subsection (a) that is located on lands owned by the United States
shall be undertaken in consultation with the Federal entity with
administrative jurisdiction over such lands.
(c) Federal Share.--The Federal share of the cost of the activities
conducted under cooperation agreements entered into under subsection
(a) shall be 75 percent; except that, with respect to projects located
on lands owned by the United States, the Federal share shall be 100
percent. The non-Federal share of project costs may be provided in the
form of design and construction services. Non-Federal interests shall
receive credit for the reasonable costs of such services completed by
such interests prior to entering an agreement with the Secretary for a
project.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $5,000,000 for projects
undertaken under this section.
SEC. 531. FARMINGTON DAM, CALIFORNIA.
(a) Conjunctive Use Study.--The Secretary is directed to continue
participation in the Stockton, California Metropolitan Area Flood
Control study to include the evaluation of the feasibility of storage
of water at Farmington Dam to implement a conjunctive use plan. In
conducting the study, the Secretary shall consult with the Stockton
East Water District concerning joint operation or potential transfer of
Farmington Dam. The Secretary shall make recommendations on facility
transfers and operational alternatives as part of the Secretary's
report to Congress.
(b) Report.--The Secretary shall report to Congress, no later than
1 year after the date of the enactment of this Act, on the feasibility
of a conjunctive use plan using Farmington Dam for water storage.
SEC. 532. LOS ANGELES COUNTY DRAINAGE AREA, CALIFORNIA.
The non-Federal share for a project to add water conservation to
the existing Los Angeles County Drainage Area, California, project
shall be 100 percent of separable first costs and separable operation,
maintenance, and replacement costs associated with the water
conservation purpose.
SEC. 533. PRADO DAM SAFETY IMPROVEMENTS, CALIFORNIA.
The Secretary, in coordination with the State of California, shall
provide technical assistance to Orange County, California, in
developing appropriate public safety and access improvements associated
with that portion of California State Route 71 being relocated for the
Prado Dam feature of the project authorized as part of the project for
flood control, Santa Ana River Mainstem, California, by section 401(a)
of the Water Resources Development Act of 1986 (100 Stat. 4113).
SEC. 534. SEVEN OAKS DAM, CALIFORNIA.
The non-Federal share for a project to add water conservation to
the Seven Oaks Dam, Santa Ana River Mainstem, California, project shall
be 100 percent of separable first costs and separable operation,
maintenance, and replacement costs associated with the water
conservation purpose.
SEC. 535. MANATEE COUNTY, FLORIDA.
The project for flood control, Cedar Hammock (Wares Creek),
Florida, is authorized to be carried out by the Secretary substantially
in accordance with the Final Detailed Project Report and Environmental
Assessment, dated April 1995, at a total cost of $13,846,000, with an
estimated first Federal cost of $8,783,000 and an estimated non-Federal
cost of $5,063,000.
SEC. 536. TAMPA, FLORIDA.
The Secretary may enter into a cooperative agreement under section
230 of this Act with the Museum of Science and Industry, Tampa,
Florida, to provide technical, planning, and design assistance to
demonstrate the water quality functions found in wetlands, at an
estimated total Federal cost of $500,000.
SEC. 537. WATERSHED MANAGEMENT PLAN FOR DEEP RIVER BASIN, INDIANA.
(a) Development.--The Secretary, in consultation with the Natural
Resources Conservation Service of the Department of Agriculture, shall
develop a watershed management plan for the Deep River Basin, Indiana,
which includes Deep River, Lake George, Turkey Creek, and other related
tributaries in Indiana.
(b) Contents.--The plan to be developed by the Secretary under
subsection (a) shall address specific concerns related to the Deep
River Basin area, including sediment flow into Deep River, Turkey
Creek, and other tributaries; control of sediment quality in Lake
George; flooding problems; the safety of the Lake George Dam; and
watershed management.
SEC. 538. SOUTHERN AND EASTERN KENTUCKY.
(a) Establishment of Program.--The Secretary shall establish a
program for providing environmental assistance to non-Federal interests
in southern and eastern Kentucky. Such assistance may be in the form of
design and construction assistance for water-related environmental
infrastructure and resource protection and development projects in
southern and eastern Kentucky, including projects for wastewater
treatment and related facilities, water supply, storage, treatment, and
distribution facilities, and surface water resource protection and
development.
(b) Public Ownership Requirement.--The Secretary may provide
assistance for a project under this section only if the project is
publicly owned.
(c) Project Cooperation Agreements.--
(1) In general.--Before providing assistance under this
section, the Secretary shall enter into a project cooperation
agreement with a non-Federal interest to provide for design and
construction of the project to be carried out with such
assistance.
(2) Requirements.--Each agreement entered into under this
subsection shall provide for the following:
(A) Plan.--Development by the Secretary, in
consultation with appropriate Federal and State
officials, of a facilities development plan or resource
protection plan, including appropriate plans and
specifications.
(B) Legal and institutional structures.--
Establishment of each such legal and institutional
structures as are necessary to assure the effective
long-term operation of the project by the non-Federal
interest.
(3) Cost sharing.--
(A) In general.--Total project costs under each
agreement entered into under this subsection shall be
shared at 75 percent Federal and 25 percent non-
Federal, except that the non-Federal interest shall
receive credit for the reasonable costs of design work
completed by such interest before entry into the
agreement with the Secretary. The Federal share may be
in the form of grants or reimbursements of project
costs.
(B) Credit for certain financing costs.--In the
event of delays in the reimbursement of the non-Federal
share of a project, the non-Federal interest shall
receive credit for reasonable interest and other
associated financing costs necessary for such non-
Federal interest to provide the non-Federal share of
the project's cost.
(C) Lands, easements, and rights-of-way.--The non-
Federal interest shall receive credit for lands,
easements, rights-of-way, and relocations provided by
the non-Federal interest toward its share of project
costs, including for costs associated with obtaining
permits necessary for the placement of such project on
publicly owned or controlled lands, but not to exceed
25 percent of total project costs.
(D) Operation and maintenance.--Operation and
maintenance costs shall be 100 percent non-Federal.
(d) Applicability of Other Federal and State Laws.--Nothing in this
section shall be construed as waiving, limiting, or otherwise affecting
the applicability of any provision of Federal or State law which would
otherwise apply to a project to be carried out with assistance provided
under this section.
(e) Report.--Not later than December 31, 1999, the Secretary shall
transmit to Congress a report on the results of the program carried out
under this section, together with recommendations concerning whether or
not such program should be implemented on a national basis.
(f) Southern and Eastern Kentucky Defined.--For purposes of this
section, the term ``southern and eastern Kentucky'' means Morgan,
Floyd, Pulaski, Wayne, Laurel, Knox, Pike, Menifee, Perry, Harlan,
Breathitt, Martin, Jackson, Wolfe, Clay, Magoffin, Owsley, Johnson,
Leslie, Lawrence, Knott, Bell, McCreary, Rockcastle, Whitley, Lee, and
Letcher Counties, Kentucky.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000.
SEC. 539. LOUISIANA COASTAL WETLANDS RESTORATION PROJECTS.
Section 303(f) of the Coastal Wetlands Planning, Protection and
Restoration Act (16 U.S.C. 3952(f); 104 Stat. 4782-4783) is amended--
(1) in paragraph (4) by striking ``and (3)'' and inserting
``(3), and (5)''; and
(2) by adding at the end the following:
``(5) Federal share in calendar years 1996 and 1997.--
Notwithstanding paragraphs (1) and (2), amounts made available
in accordance with section 306 of this title to carry out
coastal wetlands restoration projects under this section in
calendar years 1996 and 1997 shall provide 90 percent of the
cost of such projects.''.
SEC. 540. SOUTHEAST LOUISIANA.
(a) Flood Control.--The Secretary is directed to proceed with
engineering, design, and construction of projects to provide for flood
control and improvements to rainfall drainage systems in Jefferson,
Orleans, and St. Tammany Parishes, Louisiana, in accordance with the
following reports of the New Orleans District Engineer: Jefferson and
Orleans Parishes, Louisiana, Urban Flood Control and Water Quality
Management, July 1992; Tangipahoa, Techefuncte, and Tickfaw Rivers,
Louisiana, June 1991; St. Tammany Parish, Louisiana, July 1996; and
Schneider Canal, Slidell, Louisiana, Hurricane Protection, May 1990.
(b) Cost Sharing.--The cost of any work performed by the non-
Federal interests subsequent to the reports referred to in subsection
(a) and determined by the Secretary to be a compatible and integral
part of the projects shall be credited toward the non-Federal share of
the projects.
(c) Funding.--There is authorized to be appropriated $100,000,000
for the initiation and partial accomplishment of projects described in
the reports referred to in subsection (a).
SEC. 541. RESTORATION PROJECTS FOR MARYLAND, PENNSYLVANIA, AND WEST
VIRGINIA.
(a) In General.--
(1) Cooperation agreements.--The Secretary shall enter into
cooperation agreements with non-Federal interests to develop
and carry out, in cooperation with Federal and State agencies,
reclamation and protection projects for the purpose of abating
and mitigating surface water quality degradation caused by
abandoned mines along--
(A) the North Branch of the Potomac River,
Maryland, Pennsylvania, and West Virginia; and
(B) the New River, West Virginia, watershed.
(2) Additional measures.--Projects under paragraph (1) may
also include measures for the abatement and mitigation of
surface water quality degradation caused by the lack of
sanitary wastewater treatment facilities or the need to enhance
such facilities.
(3) Consultation with federal entities.--Any project under
paragraph (1) that is located on lands owned by the United
States shall be undertaken in consultation with the Federal
entity with administrative jurisdiction over such lands.
(b) Federal Share.--The Federal share of the cost of the activities
conducted under cooperation agreements entered into under subsection
(a)(1) shall be 75 percent; except that, with respect to projects
located on lands owned by the United States, the Federal share shall be
100 percent. The non-Federal share of project costs may be provided in
the form of design and construction services. Non-Federal interests
shall receive credit for the reasonable costs of such services
completed by such interests prior to entering an agreement with the
Secretary for a project.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $5,000,000 for projects
undertaken under subsection (a)(1)(A) and $5,000,000 for projects
undertaken under subsection (a)(1)(B).
SEC. 542. CUMBERLAND, MARYLAND.
The Secretary is directed to provide technical, planning, and
design assistance to State, local, and other Federal entities for the
restoration of the Chesapeake and Ohio Canal, in the vicinity of
Cumberland, Maryland.
SEC. 543. BENEFICIAL USE OF DREDGED MATERIAL, POPLAR ISLAND, MARYLAND.
The Secretary shall carry out a project for the beneficial use of
dredged material at Poplar Island, Maryland, pursuant to section 204 of
the Water Resources Development Act of 1992; except that,
notwithstanding the limitation contained in subsection (e) of such
section, the initial cost of constructing dikes for the project shall
be $78,000,000, with an estimated Federal cost of $58,500,000 and an
estimated non-Federal cost of $19,500,000.
SEC. 544. EROSION CONTROL MEASURES, SMITH ISLAND, MARYLAND.
(a) In General.--The Secretary shall implement erosion control
measures in the vicinity of Rhodes Point, Smith Island, Maryland, at an
estimated total Federal cost of $450,000.
(b) Implementation on Emergency Basis.--The project under
subsection (a) shall be carried out on an emergency basis in view of
the national, historic, and cultural value of the island and in order
to protect the Federal investment in infrastructure facilities.
(c) Cost Sharing.--Cost sharing applicable to hurricane and storm
damage reduction shall be applicable to the project to be carried out
under subsection (a).
SEC. 545. DULUTH, MINNESOTA, ALTERNATIVE TECHNOLOGY PROJECT.
(a) Project Authorization.--The Secretary shall develop and
implement alternative methods for decontamination and disposal of
contaminated dredged material at the Port of Duluth, Minnesota.
(b) Authorization of Appropriations.--There is authorized to be
appropriated for fiscal years beginning after September 30, 1996, to
carry out this section $1,000,000. Such sums shall remain available
until expended.
SEC. 546. REDWOOD RIVER BASIN, MINNESOTA.
(a) Study and Strategy Development.--The Secretary, in cooperation
with the Secretary of Agriculture and the State of Minnesota, shall
conduct a study, and develop a strategy, for using wetland restoration,
soil and water conservation practices, and nonstructural measures to
reduce flood damages, improve water quality, and create wildlife
habitat in the Redwood River basin and the subbasins draining into the
Minnesota River, at an estimated Federal cost of $4,000,000.
(b) Non-Federal Share.--The non-Federal share of the cost of the
study and development of the strategy shall be 25 percent and may be
provided through in-kind services and materials.
(c) Cooperation Agreement.--In conducting the study and developing
the strategy under this section, the Secretary shall enter into
cooperation agreements to provide financial assistance to appropriate
Federal, State, and local government agencies, including activities for
the implementation of wetland restoration projects and soil and water
conservation measures.
(d) Implementation.--The Secretary shall undertake development and
implementation of the strategy authorized by this section in
cooperation with local landowners and local government officials.
SEC. 547. NATCHEZ BLUFFS, MISSISSIPPI.
(a) In General.--The Secretary shall carry out the project for
bluff stabilization, Natchez Bluffs, Natchez, Mississippi,
substantially in accordance with (1) the Natchez Bluffs Study, dated
September 1985, (2) the Natchez Bluffs Study: Supplement I, dated June
1990, and (3) the Natchez Bluffs Study: Supplement II, dated December
1993, in the portions of the bluffs described in subsection (b), at a
total cost of $17,200,000, with an estimated Federal cost of
$12,900,000 and an estimated non-Federal cost of $4,300,000.
(b) Description of Project Location.--The portions of the Natchez
Bluffs where the project is to be carried out under subsection (a) are
described in the studies referred to in subsection (a) as--
(1) Clifton Avenue, area 3;
(2) the bluff above Silver Street, area 6;
(3) the bluff above Natchez Under-the-Hill, area 7; and
(4) Madison Street to State Street, area 4.
SEC. 548. SARDIS LAKE, MISSISSIPPI.
(a) Management.--The Secretary shall work cooperatively with the
State of Mississippi and the city of Sardis, Mississippi, to the
maximum extent practicable, in the management of existing and proposed
leases of land consistent with the Sardis Lake Recreation and Tourism
Master Plan prepared by the city for the economic development of the
Sardis Lake area.
(b) Flood Control Storage.--The Secretary shall review the study
conducted by the city of Sardis, Mississippi, regarding the impact of
the Sardis Lake Recreation and Tourism Master Plan prepared by the city
on flood control storage in Sardis Lake. The city shall not be required
to reimburse the Secretary for the cost of such storage, or the cost of
the Secretary's review, if the Secretary finds that the loss of flood
control storage resulting from implementation of the master plan is not
significant.
SEC. 549. MISSOURI RIVER MANAGEMENT.
(a) Navigation Season Extension.--
(1) Increases.--The Secretary, working with the Secretary
of Agriculture and the Secretary of the Interior, shall
incrementally increase the length of each navigation season for
the Missouri River by 15 days from the length of the previous
navigation season and those seasons thereafter, until such time
as the navigation season for the Missouri River is increased by
1 month from the length of the navigation season on April 1,
1996.
(2) Application of increases.--Increases in the length of
the navigation season under paragraph (1) shall be applied in
calendar year 1996 so that the navigation season in such
calendar year for the Missouri River begins on April 1, 1996,
and ends on December 15, 1996.
(3) Adjustment of navigation levels.--Scheduled full
navigation levels shall be incrementally increased to coincide
with increases in the navigation season under paragraph (1).
(b) Water Control Policies Affecting Navigation Channels.--The
Secretary may not take any action which is inconsistent with a water
control policy of the Corps of Engineers in effect on January 1, 1995,
if such action would result in--
(1) a reduction of 10 days or more in the total number of
days in a year during which vessels are able to use navigation
channels; or
(2) a substantial increase in flood damage to lands
adjacent to a navigation channel, unless such action is
specifically authorized by a law enacted after the date of the
enactment of this Act.
(c) Economic and Environmental Impact Evaluation.--Whenever a
Federal department, agency, or instrumentality conducts an
environmental impact statement with respect to management of the
Missouri River system, the head of such department, agency, or
instrumentality shall also conduct a cost benefit analysis on any
changes proposed in the management of the Missouri River.
SEC. 550. ST. CHARLES COUNTY, MISSOURI, FLOOD PROTECTION.
(a) In General.--Notwithstanding any other provision of law or
regulation, no county located at the confluence of the Missouri and
Mississippi Rivers or community located in any county located at the
confluence of the Missouri and Mississippi Rivers shall have its
participation in any Federal program suspended, revoked, or otherwise
affected solely due to that county or community permitting the raising
of levees by any public-sponsored levee district, along an alignment
approved by the circuit court of such county, to a level sufficient to
contain a 20-year flood.
(b) Treatment of Existing Permits.--If any public-sponsored levee
district has received a Federal permit valid during the Great Flood of
1993 to improve or modify its levee system before the date of the
enactment of this Act, such permit shall be considered adequate to
allow the raising of the height of levees in such system under
subsection (a).
SEC. 551. DURHAM, NEW HAMPSHIRE.
The Secretary may enter into a cooperative agreement under section
230 of this Act with the University of New Hampshire to provide
technical assistance for a water treatment technology center addressing
the needs of small communities.
SEC. 552. HACKENSACK MEADOWLANDS AREA, NEW JERSEY.
Section 324(b)(1) of the Water Resources Development Act of 1992
(106 Stat. 4849) is amended to read as follows:
``(1) Mitigation, enhancement, and acquisition of
significant wetlands that contribute to the Meadowlands
ecosystem.''.
SEC. 553. AUTHORIZATION OF DREDGE MATERIAL CONTAINMENT FACILITY FOR
PORT OF NEW YORK/NEW JERSEY.
(a) In General.--The Secretary is authorized to construct, operate,
and maintain a dredged material containment facility with a capacity
commensurate with the long-term dredged material disposal needs of port
facilities under the jurisdiction of the Port of New York/New Jersey.
Such facility may be a near-shore dredged material disposal facility
along the Brooklyn waterfront. The costs associated with feasibility
studies, design, engineering, and construction shall be shared with the
local sponsor in accordance with the provisions of section 101 of the
Water Resources Development Act of 1986.
(b) Beneficial Use.--After the facility to be constructed under
subsection (a) has been filled to capacity with dredged material, the
Secretary shall maintain the facility for the public benefit.
SEC. 554. HUDSON RIVER HABITAT RESTORATION, NEW YORK.
(a) Habitat Restoration Project.--The Secretary shall expedite the
feasibility study of the Hudson River Habitat Restoration, Hudson River
Basin, New York, and shall carry out no fewer than 4 projects for
habitat restoration, to the extent the Secretary determines such work
to be technically feasible. Such projects shall be designed to--
(1) provide a pilot project to assess and improve habitat
value and environmental outputs of recommended projects;
(2) provide a demonstration project to evaluate various
restoration techniques for effectiveness and cost;
(3) fill an important local habitat need within a specific
portion of the study area; and
(4) take advantage of ongoing or planned actions by other
agencies, local municipalities, or environmental groups that
would increase the effectiveness or decrease the overall cost
of implementing one of the recommended restoration project
sites.
(b) Non-Federal Share.--Non-Federal interests shall provide 25
percent of the cost on each project undertaken under subsection (a).
The non-Federal share may be in the form of cash or in-kind
contributions.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $11,000,000.
SEC. 555. QUEENS COUNTY, NEW YORK.
(a) Description of Nonnavigable Area.--Subject to subsections (b)
and (c), the area of Long Island City, Queens County, New York, that--
(1) is not submerged;
(2) lies between the southerly high water line (as of the
date of enactment of this Act) of Anable Basin (also known as
the ``11th Street Basin'') and the northerly high water line
(as of the date of enactment of this Act) of Newtown Creek; and
(3) extends from the high water line (as of the date of
enactment of this Act) of the East River to the original high
water line of the East River;
is declared to be nonnavigable waters of the United States.
(b) Requirement That Area Be Improved.--
(1) In general.--The declaration of nonnavigability under
subsection (a) shall apply only to those portions of the area
described in subsection (a) that are, or will be, bulkheaded,
filled, or otherwise occupied by permanent structures or other
permanent physical improvements (including parkland).
(2) Applicability of federal law.--Improvements described
in paragraph (1) shall be subject to applicable Federal laws,
including--
(A) sections 9 and 10 of the Act entitled ``An Act
making appropriations for the construction, repair, and
preservation of certain public works on rivers and
harbors, and for other purposes'', approved March 3,
1899 (33 U.S.C. 401 and 403);
(B) section 404 of the Federal Water Pollution
Control Act (33 U.S.C. 1344); and
(C) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.).
(c) Expiration Date.--The declaration of nonnavigability under
subsection (a) shall expire with respect to a portion of the area
described in subsection (a), if the portion--
(1) is not bulkheaded, filled, or otherwise occupied by a
permanent structure or other permanent physical improvement
(including parkland) in accordance with subsection (b) by the
date that is 20 years after the date of the enactment of this
Act; or
(2) requires an improvement described in subsection (b)(2)
that is subject to a permit under an applicable Federal law and
the improvement is not commenced by the date that is 5 years
after the date of issuance of the permit.
SEC. 556. NEW YORK BIGHT AND HARBOR STUDY.
Section 326(f) of the Water Resources Development Act of 1992 (106
Stat. 4851) is amended by striking ``$1,000,000'' and inserting
``$5,000,000''.
SEC. 557. NEW YORK STATE CANAL SYSTEM.
(a) In General.--The Secretary is authorized to make capital
improvements to the New York State Canal System.
(b) Agreements.--The Secretary shall, with the consent of
appropriate local and State entities, enter into such arrangements,
contracts, and leases with public and private entities as may be
necessary for the purposes of rehabilitation, renovation, preservation,
and maintenance of the New York State Canal System and its related
facilities, including trailside facilities and other recreational
projects along the waterways of the canal system.
(c) New York State Canal System Defined.--In this section, the term
``New York State Canal System'' means the Erie, Oswego, Champlain, and
Cayuga-Seneca Canals.
(d) Federal Share.--The Federal share of the cost of capital
improvements under this section shall be 50 percent.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000.
SEC. 558. NEW YORK CITY WATERSHED.
(a) Establishment.--
(1) In general.--The Secretary shall establish a program
for providing environmental assistance to non-Federal interests
in the New York City Watershed.
(2) Form.--Assistance provided under this section may be in
the form of design and construction assistance for water-
related environmental infrastructure and resource protection
and development projects in the New York City Watershed,
including projects for water supply, storage, treatment, and
distribution facilities, and surface water resource protection
and development.
(b) Public Ownership Requirement.--The Secretary may provide
assistance for a project under this section only if the project is
publicly owned.
(c) Eligible Projects.--
(1) Certification.--A project shall be eligible for
financial assistance under this section only if the State
director for the project certifies to the Secretary that the
project will contribute to the protection and enhancement of
the quality or quantity of the New York City water supply.
(2) Special consideration.--In certifying projects to the
Secretary, the State director shall give special consideration
to those projects implementing plans, agreements, and measures
which preserve and enhance the economic and social character of
the watershed communities.
(3) Project descriptions.--Projects eligible for assistance
under this section shall include the following:
(A) Implementation of intergovernmental agreements
for coordinating regulatory and management
responsibilities.
(B) Acceleration of whole farm planning to
implement best management practices to maintain or
enhance water quality and to promote agricultural land
use.
(C) Acceleration of whole community planning to
promote intergovernmental cooperation in the regulation
and management of activities consistent with the goal
of maintaining or enhancing water quality.
(D) Natural resources stewardship on public and
private lands to promote land uses that preserve and
enhance the economic and social character of the
watershed communities and protect and enhance water
quality.
(d) Cooperation Agreements.--Before providing assistance under this
section, the Secretary shall enter into a project cooperation agreement
with the State director for the project to be carried out with such
assistance.
(e) Cost Sharing.--
(1) In general.--Total project costs under each agreement
entered into under this section shall be shared at 75 percent
Federal and 25 percent non-Federal. The non-Federal interest
shall receive credit for the reasonable costs of design work
completed by such interest prior to entering into the agreement
with the Secretary for a project. The Federal share may be in
the form of grants or reimbursements of project costs.
(2) Interest.--In the event of delays in the reimbursement
of the non-Federal share of a project, the non-Federal interest
shall receive credit for reasonable interest costs incurred to
provide the non-Federal share of a project's cost.
(3) Lands, easements, and rights-of-way credit.--The non-
Federal interest shall receive credit for lands, easements,
rights-of-way, and relocations provided by the non-Federal
interest toward its share of project costs, including direct
costs associated with obtaining permits necessary for the
placement of such project on public owned or controlled lands,
but not to exceed 25 percent of total project costs.
(4) Operation and maintenance.--Operation and maintenance
costs for projects constructed with assistance provided under
this section shall be 100 percent non-Federal.
(f) Applicability of Other Federal and State Laws.--Nothing in this
section shall be construed to waive, limit, or otherwise affect the
applicability of any provision of Federal or State law that would
otherwise apply to a project carried out with assistance provided under
this section.
(g) Report.--Not later than December 31, 2000, the Secretary shall
transmit to Congress a report on the results of the program carried out
under this section, together with recommendations concerning whether
such program should be implemented on a national basis.
(h) New York City Watershed Defined.--For purposes of this section,
the term ``New York City Watershed'' means the land area within the
counties of Delaware, Greene, Schoharie, Ulster, Sullivan, Westchester,
Putnam, and Duchess which contributes water to the water supply system
of New York City.
(i) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $25,000,000.
SEC. 559. OHIO RIVER GREENWAY.
(a) Expedited Completion of Study.--The Secretary is directed to
expedite the completion of the study for the Ohio River Greenway,
Jeffersonville, Clarksville, and New Albany, Indiana.
(b) Construction.--Upon completion of the study, if the Secretary
determines that the project is feasible, the Secretary shall
participate with the non-Federal interests in the construction of the
project.
(c) Cost Sharing.--Total project costs under this section shall be
shared at 50 percent Federal and 50 percent non-Federal.
(d) Lands, Easements, and Rights-of-Way.--Non-Federal interests
shall be responsible for providing all lands, easements, rights-of-way,
relocations, and dredged material disposal areas necessary for the
project.
(e) Credit.--The non-Federal interests shall receive credit for
those costs incurred by the non-Federal interests that the Secretary
determines are compatible with the study, design, and implementation of
the project.
SEC. 560. NORTHEASTERN OHIO.
The Secretary is authorized to provide technical assistance to
local interests for planning the establishment of a regional water
authority in northeastern Ohio to address the water problems of the
region. The Federal share of the costs of such planning shall not
exceed 75 percent.
SEC. 561. GRAND LAKE, OKLAHOMA.
(a) Study.--Not later than 1 year after the date of the enactment
of this Act, the Secretary of the Army shall carry out and complete a
study of flood control in Grand/Neosho Basin and tributaries in the
vicinity of Pensacola Dam in northeastern Oklahoma to determine the
scope of the backwater effects of operation of the dam and to identify
any lands which the Secretary determines have been adversely impacted
by such operation or should have been originally purchased as flowage
easement for the project.
(b) Acquisition of Real Property.--Upon completion of the study and
subject to advance appropriations, the Secretary shall acquire from
willing sellers such real property interests in any lands identified in
the study as the Secretary determines are necessary to reduce the
adverse impacts identified in the study conducted under subsection (a).
(c) Implementation Reports.--The Secretary shall transmit to
Congress reports on the operation of the Pensacola Dam, including data
on and a description of releases in anticipation of flooding (referred
to as preoccupancy releases), and the implementation of this section.
The first of such reports shall be transmitted not later than 2 years
after the date of the enactment of this Act.
(d) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this section $25,000,000 for fiscal years beginning
after September 30, 1996.
(2) Maximum funding for study.--Of amounts appropriated to
carry out this section, not to exceed $1,500,000 shall be
available for carrying out the study under subsection (a).
SEC. 562. BROAD TOP REGION OF PENNSYLVANIA.
Section 304 of the Water Resources Development Act of 1992 (106
Stat. 4840) is amended--
(1) by striking subsection (b) and inserting the following:
``(b) Cost Sharing.--The Federal share of the cost of the
activities conducted under the cooperative agreement entered into under
subsection (a) shall be 75 percent. The non-Federal share of project
costs may be provided in the form of design and construction services
and other in-kind work provided by the non-Federal interests, whether
occurring subsequent to, or within 6 years prior to, entering into an
agreement with the Secretary. Non-Federal interests shall receive
credit for grants and the value of work performed on behalf of such
interests by State and local agencies.''; and
(2) in subsection (c) by striking ``$5,500,000'' and
inserting ``$11,000,000''.
SEC. 563. CURWENSVILLE LAKE, PENNSYLVANIA.
The Secretary shall modify the allocation of costs for the water
reallocation project at Curwensville Lake, Pennsylvania, to the extent
that the Secretary determines that such reallocation will provide
environmental restoration benefits in meeting in-stream flow needs in
the Susquehanna River basin.
SEC. 564. HOPPER DREDGE MCFARLAND.
(a) Project Authorization.--The Secretary is authorized to carry
out a project at the Philadelphia Naval Shipyard, Pennsylvania, to make
modernization and efficiency improvements to the hopper dredge
McFarland.
(b) Requirements.--In carrying out the project under subsection
(a), the Secretary shall--
(1) determine whether the McFarland should be returned to
active service or the reserve fleet after the project is
completed; and
(2) establish minimum standards of dredging service to be
met in areas served by the McFarland while the drydocking is
taking place.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $20,000,000 for fiscal years
beginning after September 30, 1996.
SEC. 565. PHILADELPHIA, PENNSYLVANIA.
(a) Water Works Restoration.--
(1) In general.--The Secretary shall provide planning,
design, and construction assistance for the protection and
restoration of the Philadelphia, Pennsylvania Water Works.
(2) Coordination.--In providing assistance under this
subsection, the Secretary shall coordinate with the Fairmount
Park Commission and the Secretary of the Interior.
(3) Funding.--There is authorized to be appropriated to
carry out this subsection $1,000,000 for fiscal years beginning
after September 30, 1996.
(b) Cooperation Agreement for Schuylkill Navigation Canal.--
(1) In general.--The Secretary shall enter into a
cooperation agreement with the city of Philadelphia,
Pennsylvania, to participate in the operation, maintenance, and
rehabilitation of the Schuylkill Navigation Canal at Manayunk.
(2) Limitation on federal share.--The Federal share of the
cost of the operation, maintenance, and rehabilitation under
paragraph (1) shall not exceed $300,000 annually.
(3) Area included.--For purposes of this subsection, the
Schuylkill Navigation Canal includes the section approximately
10,000 feet long extending between Lock and Fountain Streets,
Philadelphia, Pennsylvania.
(c) Schuylkill River Park.--
(1) Assistance.--The Secretary is authorized to provide
technical, planning, design, and construction assistance for
the Schuylkill River Park, Philadelphia, Pennsylvania.
(2) Funding.--There is authorized to be appropriated
$2,700,000 to carry out this subsection.
(d) Pennypack Park.--
(1) Assistance.--The Secretary is authorized to provide
technical, design, construction, and financial assistance for
measures for the improvement and restoration of aquatic
habitats and aquatic resources at Pennypack Park, Philadelphia,
Pennsylvania.
(2) Cooperation agreements.--In providing assistance under
this subsection, the Secretary shall enter into cooperation
agreements with the city of Philadelphia, acting through the
Fairmount Park Commission.
(3) Funding.--There is authorized to be appropriated for
fiscal years beginning after September 30, 1996, $15,000,000 to
carry out this subsection.
(e) Frankford Dam.--
(1) Cooperation agreements.--The Secretary shall enter into
cooperation agreements with the city of Philadelphia,
Pennsylvania, acting through the Fairmount Park Commission, to
provide assistance for the elimination of the Frankford Dam,
the replacement of the Rhawn Street Dam, and modifications to
the Roosevelt Dam and the Verree Road Dam.
(2) Funding.--There is authorized to be appropriated for
fiscal years beginning after September 30, 1996, $900,000, to
carry out this subsection.
SEC. 566. UPPER SUSQUEHANNA RIVER BASIN, PENNSYLVANIA AND NEW YORK.
(a) Study and Strategy Development.--The Secretary, in cooperation
with the Secretary of Agriculture, the State of Pennsylvania, and the
State of New York, shall conduct a study, and develop a strategy, for
using wetland restoration, soil and water conservation practices, and
nonstructural measures to reduce flood damages, improve water quality,
and create wildlife habitat in the following portions of the Upper
Susquehanna River basin:
(1) the Juniata River watershed, Pennsylvania, at an
estimated Federal cost of $15,000,000; and
(2) the Susquehanna River watershed upstream of the Chemung
River, New York, at an estimated Federal cost of $10,000,000.
(b) Non-Federal Share.--The non-Federal share of the cost of the
study and development of the strategy shall be 25 percent and may be
provided through in-kind services and materials.
(c) Cooperation Agreements.--In conducting the study and developing
the strategy under this section, the Secretary shall enter into
cooperation agreements to provide financial assistance to appropriate
Federal, State, and local government agencies, including activities for
the implementation of wetland restoration projects and soil and water
conservation measures.
(d) Implementation.--The Secretary shall undertake development and
implementation of the strategy authorized by this section in
cooperation with local landowners and local government officials.
SEC. 567. SEVEN POINTS VISITORS CENTER, RAYSTOWN LAKE, PENNSYLVANIA.
(a) In General.--The Secretary shall construct a visitors center
and related public use facilities at the Seven Points Recreation Area
at Raystown Lake, Pennsylvania, generally in accordance with the Master
Plan Update (1994) for the Raystown Lake Project.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $2,500,000.
SEC. 568. SOUTHEASTERN PENNSYLVANIA.
(a) Establishment of Program.--The Secretary shall establish a
pilot program for providing environmental assistance to non-Federal
interests in southeastern Pennsylvania. Such assistance may be in the
form of design and construction assistance for water-related
environmental infrastructure and resource protection and development
projects in southeastern Pennsylvania, including projects for waste
water treatment and related facilities, water supply, storage,
treatment, and distribution facilities, and surface water resource
protection and development.
(b) Public Ownership Requirement.--The Secretary may provide
assistance for a project under this section only if the project is
publicly owned.
(c) Local Cooperation Agreements.--
(1) In general.--Before providing assistance under this
section, the Secretary shall enter into a local cooperation
agreement with a non-Federal interest to provide for design and
construction of the project to be carried out with such
assistance.
(2) Requirements.--Each local cooperation agreement entered
into under this subsection shall provide for the following:
(A) Plan.--Development by the Secretary, in
consultation with appropriate Federal and State
officials, of a facilities or resource protection and
development plan, including appropriate engineering
plans and specifications.
(B) Legal and institutional structures.--
Establishment of each such legal and institutional
structures as are necessary to assure the effective
long-term operation of the project by the non-Federal
interest.
(3) Cost sharing.--
(A) In general.--Total project costs under each
local cooperation agreement entered into under this
subsection shall be shared at 75 percent Federal and 25
percent non-Federal. The non-Federal interest shall
receive credit for the reasonable costs of design work
completed by such interest prior to entering into a
local cooperation agreement with the Secretary for a
project. The credit for such design work shall not
exceed 6 percent of the total construction costs of the project. The
Federal share may be in the form of grants or reimbursements of project
costs.
(B) Interest.--In the event of delays in the
funding of the non-Federal share of a project that is
the subject of an agreement under this section, the
non-Federal interest shall receive credit for
reasonable interest incurred in providing the non-
Federal share of a project's cost.
(C) Lands, easements, and rights-of-way credit.--
The non-Federal interest shall receive credit for
lands, easements, rights-of-way, and relocations toward
its share of project costs, including all reasonable
costs associated with obtaining permits necessary for
the construction, operation, and maintenance of such
project on publicly owned or controlled lands, but not
to exceed 25 percent of total project costs.
(D) Operation and maintenance.--Operation and
maintenance costs for projects constructed with
assistance provided under this section shall be 100
percent non-Federal.
(d) Applicability of Other Federal and State Laws.--Nothing in this
section shall be construed as waiving, limiting, or otherwise affecting
the applicability of any provision of Federal or State law which would
otherwise apply to a project to be carried out with assistance provided
under this section.
(e) Report.--Not later than December 31, 1998, the Secretary shall
transmit to Congress a report on the results of the pilot program
carried out under this section, together with recommendations
concerning whether or not such program should be implemented on a
national basis.
(f) Southeastern Pennsylvania Defined.--For purposes of this
section, the term ``Southeastern Pennsylvania'' means Philadelphia,
Bucks, Chester, Delaware, and Montgomery Counties, Pennsylvania.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $25,000,000 for fiscal years
beginning after September 30, 1996. Such sums shall remain available
until expended.
SEC. 569. WILLS CREEK, HYNDMAN, PENNSYLVANIA.
The Secretary shall carry out a project for flood control, Wills
Creek, Borough of Hyndman, Pennsylvania, at an estimated total cost of
$5,000,000. For purposes of section 209 of the Flood Control Act of
1970 (84 Stat. 1829), benefits attributable to the national economic
development objectives set forth in such section shall include all
primary, secondary, and tertiary benefits attributable to the flood
control project authorized by this section regardless of to whom such
benefits may accrue.
SEC. 570. BLACKSTONE RIVER VALLEY, RHODE ISLAND AND MASSACHUSETTS.
(a) In General.--The Secretary, in coordination with Federal,
State, and local interests, shall provide technical, planning, and
design assistance in the development and restoration of the Blackstone
River Valley National Heritage Corridor, Rhode Island, and
Massachusetts.
(b) Federal Share.--Funds made available under this section for
planning and design of a project may not exceed 75 percent of the total
cost of such planning and design.
SEC. 571. EAST RIDGE, TENNESSEE.
The Secretary shall review the flood management study for the East
Ridge and Hamilton County area undertaken by the Tennessee Valley
Authority and shall carry out the project at an estimated total cost of
$25,000,000.
SEC. 572. MURFREESBORO, TENNESSEE.
The Secretary shall carry out a project for environmental
enhancement, Murfreesboro, Tennessee, in accordance with the Report and
Environmental Assessment, Black Fox, Murfree and Oaklands Spring
Wetlands, Murfreesboro, Rutherford County, Tennessee, dated August
1994.
SEC. 573. BUFFALO BAYOU, TEXAS.
The non-Federal interest for the projects for flood control,
Buffalo Bayou Basin, Texas, authorized by section 203 of the Flood
Control Act of 1954 (68 Stat. 1258), and Buffalo Bayou and tributaries,
Texas, authorized by section 101 of the Water Resources Development Act
of 1990 (104 Stat. 4610), may be reimbursed by up to $5,000,000 or may
receive a credit of up to $5,000,000 against required non-Federal
project cost-sharing contributions for work performed by the non-
Federal interest at each of the following locations if such work is
compatible with the following authorized projects: White Oak Bayou,
Brays Bayou, Hunting Bayou, Garners Bayou, and the Upper Reach on
Greens Bayou.
SEC. 574. SAN ANTONIO RIVER, TEXAS.
Notwithstanding the last sentence of section 215(a) of the Flood
Control Act of 1968 (42 U.S.C. 1962d-5(a)) and the agreement executed
on November 7, 1992, by the Secretary and the San Antonio River
Authority, Texas, the Secretary shall reimburse the San Antonio River
Authority an amount not to exceed $5,000,000 for the work carried out
by the Authority under the agreement, including any amounts paid to the
Authority under the terms of the agreement before the date of the
enactment of this Act.
SEC. 575. NEABSCO CREEK, VIRGINIA.
The Secretary shall carry out a project for flood control, Neabsco
Creek Watershed, Prince William County, Virginia, at an estimated total
cost of $1,500,000.
SEC. 576. TANGIER ISLAND, VIRGINIA.
The Secretary is directed to design and construct a breakwater at
the North Channel on Tangier Island, Virginia, at a total cost of
$1,200,000, with an estimated Federal cost of $900,000 and an estimated
non-Federal cost of $300,000. Congress finds that in view of the
historic preservation benefits resulting from the project authorized by
this section, the overall benefits of the project exceed the costs of
the project.
SEC. 577. HARRIS COUNTY, TEXAS.
(a) In General.--During any evaluation of economic benefits and
costs for projects set forth in subsection (b) that occurs after the
date of the enactment of this Act, the Secretary shall not consider
flood control works constructed by non-Federal interests within the
drainage area of such projects prior to the date of such evaluation in
the determination of conditions existing prior to construction of the
project.
(b) Specific Projects.--The projects to which subsection (a) apply
are--
(1) the project for flood control, Buffalo Bayou and
Tributaries, Texas, authorized by section 101(a) of the Water
Resources Development Act of 1990 (104 Stat. 4610);
(2) the project for flood control, Cypress Creek, Texas,
authorized by section 3(a)(13) of the Water Resources
Development Act of 1988 (102 Stat. 4014); and
(3) the project for flood control, Buffalo Bayou Basin,
authorized by section 203 of the Flood Control Act of 1954 (68
Stat. 1258).
SEC. 578. PIERCE COUNTY, WASHINGTON.
(a) Technical Assistance.--The Secretary shall provide technical
assistance to Pierce County, Washington, to address measures that are
necessary to assure that non-Federal levees are adequately maintained
and satisfy eligibility criteria for rehabilitation assistance under
section 5 of the Act entitled ``An Act authorizing the construction of
certain public works on rivers and harbors for flood control, and for
other purposes'', approved August 18, 1941 (33 U.S.C. 701n; 55 Stat.
650). Such assistance shall include a review of the requirements of the
Puyallup Tribe of Indians Settlement Act of 1989 (Public Law 101-41)
and standards for project maintenance and vegetation management used by
the Secretary to determine eligibility for levee rehabilitation
assistance with a view toward amending such standards as needed to make
non-Federal levees eligible for assistance that may be necessary as a
result of future flooding.
(b) Levee Rehabilitation.--The Secretary shall expedite a review to
determine the extent to which requirements of the Puyallup Tribe of
Indians Settlement Act of 1989 limited the ability of non-Federal
interests to adequately maintain existing non-Federal levees that were
damaged by flooding in 1995 and 1996 and, to the extent that such
ability was limited by such Act, the Secretary shall carry out the
rehabilitation of such levees.
SEC. 579. WASHINGTON AQUEDUCT.
(a) Regional Entity.--
(1) In general.--Congress encourages the non-Federal public
water supply customers of the Washington Aqueduct to establish
a non-Federal public or private entity, or to enter into an
agreement with an existing non-Federal public or private
entity, to receive title to the Washington Aqueduct and to
operate, maintain, and manage the Washington Aqueduct in a
manner that adequately represents all interests of such
customers.
(2) Consent of congress.--Congress grants consent to the
jurisdictions which are customers of the Washington Aqueduct to
establish a non-Federal entity to receive title to the
Washington Aqueduct and to operate, maintain, and manage the
Washington Aqueduct.
(3) Limitation on statutory construction.--Nothing in this
subsection shall preclude the jurisdictions referred to in this
subsection from pursuing alternative options regarding
ownership, operation, maintenance, and management of the
Washington Aqueduct.
(b) Progress Report and Plan.--Not later than 1 year after the date
of the enactment of this Act, the Secretary shall transmit to the
Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report on the progress in achieving the objectives of
subsection (a) and a plan for the transfer of ownership, operation,
maintenance, and management of the Washington Aqueduct to a non-Federal
public or private entity. Such plan shall include a transfer of
ownership, operation, maintenance, and management of the Washington
Aqueduct that is consistent with the provisions of this section and a
detailed consideration of any proposal to transfer such ownership or
operation, maintenance, or management to a private entity.
(c) Transfer.--
(1) In general.--Not later than 2 years after the date of
the enactment of this Act, the Secretary shall transfer,
without consideration but subject to such terms and conditions
as the Secretary considers appropriate to protect the interests
of the United States and the non-Federal public water supply
customers, all right, title, and interest of the United States
in the Washington Aqueduct, its real property, facilities,
equipment, supplies, and personalty--
(A) to a non-Federal public or private entity
established pursuant to subsection (a); or
(B) in the event no entity is established pursuant
to subsection (a), a non-Federal public or private
entity selected by the Secretary which reflects, to the
extent possible, a consensus among the non-Federal
public water supply customers.
(2) Transferee selection criteria.--The selection of a non-
Federal public or private entity under paragraph (1)(B) shall
be based on technical, managerial, and financial capabilities
and on consultation with the non-Federal public water supply
customers and after opportunity for public input.
(3) Assumption of responsibilities.--The entity to whom
transfer under paragraph (1) is made shall assume full
responsibility for performing and financing the operation,
maintenance, repair, replacement, rehabilitation, and necessary
capital improvements of the Washington Aqueduct so as to ensure
the continued operation of the Washington Aqueduct consistent
with its intended purpose of providing an uninterrupted supply
of potable water sufficient to meet the current and future
needs of the Washington Aqueduct service area.
(4) Extension.--Notwithstanding the 2-year deadline
established in paragraph (1), the Secretary may provide a 1-
time 6-month extension of such deadline if the Secretary
determines that the non-Federal public water supply customers
are making progress in establishing an entity pursuant to
subsection (a) and that such an extension would likely result
in the establishment of such an entity.
(d) Interim Borrowing Authority.--
(1) In general.--Subject to paragraph (2), there is
authorized to be appropriated to the Secretary for fiscal years
1997 and 1998 borrowing authority in amounts sufficient to
cover those obligations which the Army Corps of Engineers is
required to incur in carrying out capital improvements during
such fiscal years for the Washington Aqueduct to assure its
continued operation until such time as the transfer under
subsection (c) has taken place, provided that such amounts do
not exceed $16,000,000 for fiscal year 1997 and $54,000,000 for
fiscal year 1998.
(2) Terms and conditions.--The borrowing authority under
paragraph (1) shall be provided to the Secretary by the
Secretary of the Treasury under such terms and conditions as
the Secretary of the Treasury determines to be necessary in the
public interest and may be provided only after each of the non-
Federal public water supply customers of the Washington
Aqueduct has entered into a contractual agreement with the
Secretary to pay its pro rata share of the costs associated
with such borrowing.
(3) Impact on improvement program.--Not later than 6 months
after the date of the enactment of this Act, the Secretary, in
consultation with other Federal agencies, shall transmit to the
Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report that assesses the impact of the
borrowing authority provided under this subsection on near-term
improvement projects under the Washington Aqueduct Improvement
Program, work scheduled during fiscal years 1997 and 1998, and
the financial liability to be incurred.
(e) Definitions.--For purposes of this section, the following
definitions apply:
(1) Washington aqueduct.--The term ``Washington Aqueduct''
means the Washington Aqueduct facilities and related facilities
owned by the Federal Government as of the date of the enactment
of this Act, including the dams, intake works, conduits, and
pump stations that capture and transport raw water from the
Potomac River to the Dalecarlia Reservoir, the infrastructure
and appurtenances used to treat water taken from the Potomac
River by such facilities to potable standards, and related
water distributions facilities.
(2) Non-federal public water supply customers.--The term
``non-Federal public water supply customers'' means the
District of Columbia, Arlington County, Virginia, and the city
of Falls Church, Virginia.
SEC. 580. GREENBRIER RIVER BASIN, WEST VIRGINIA, FLOOD PROTECTION.
(a) In General.--The Secretary is directed to design and implement
a flood damage reduction program for the Greenbrier River Basin, West
Virginia, in the vicinity of Durbin, Cass, Marlinton, Renick,
Ronceverte, and Alderson as generally presented in the District
Engineer's draft Greenbrier River Basin Study Evaluation Report, dated
July 1994, to the extent provided under subsection (b) to afford those
communities a level of protection against flooding sufficient to reduce
future losses to these communities from the likelihood of flooding such
as occurred in November 1985, January 1996, and May 1996.
(b) Flood Protection Measures.--The flood damage reduction program
referred to in subsection (a) may include the following as the Chief of
Engineers determines necessary and advisable in consultation with the
communities referred to in subsection (a)--
(1) local protection projects such as levees, floodwalls,
channelization, small tributary stream impoundments, and
nonstructural measures such as individual flood proofing; and
(2) floodplain relocations and resettlement site
developments, floodplain evacuations, and a comprehensive river
corridor and watershed management plan generally in accordance
with the District Engineer's draft Greenbrier River Corridor
Management Plan, Concept Study, dated April 1996.
(c) Considerations.--For purposes of section 209 of the Flood
Control Act of 1970 (84 Stat. 1829), benefits attributable to the
national economic development objectives set forth therein shall
include all primary, secondary, and tertiary benefits attributable to
the flood damage reduction program authorized by this section
regardless to whomever they might accrue.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $20,000,000 for fiscal years
beginning after September 30, 1996.
SEC. 581. HUNTINGTON, WEST VIRGINIA.
The Secretary may enter into a cooperative agreement with Marshall
University, Huntington, West Virginia, to provide technical assistance
to the Center for Environmental, Geotechnical and Applied Sciences.
SEC. 582. LOWER MUD RIVER, MILTON, WEST VIRGINIA.
The Secretary shall review the watershed plan and the environmental
impact statement prepared for the Lower Mud River, Milton, West
Virginia by the Natural Resources Conservation Service pursuant to the
Watershed Protection and Flood Prevention Act (16 U.S.C. 1001 et seq.)
and shall carry out the project.
SEC. 583. WEST VIRGINIA AND PENNSYLVANIA FLOOD CONTROL.
(a) In General.--The Secretary shall design and construct flood
control measures in the Cheat and Tygart River Basins, West Virginia,
and the Lower Allegheny, Lower Monongahela, West Branch Susquehana, and
Juanita River Basins, Pennsylvania, at a level of protection sufficient
to prevent any future losses to these communities from flooding such as
occurred in January 1996, but no less than 100 year level of
protection.
(b) Priority Communities.-- In implementing this section, the
Secretary shall give priority to the communities of Parsons and
Rowlesburg, West Virginia, in the Cheat River Basin and Bellington and
Phillipi, West Virginia, in the Tygart River Basin, and Connellsville,
Pennsylvania, in the Lower Monongahela River Basin, and Benson,
Hooversville, Clymer, and New Bethlehem, Pennsylvania, in the Lower
Allegheny River Basin, and Patton, Barnesboro, Coalport and Spangler,
Pennsylvania, in the West Branch Susquehanna River Basin, and Bedford,
Linds Crossings, and Logan Township in the Juniata River Basin.
(c) Considerations.--For purposes of section 209 of the Flood
Control Act of 1970, benefits attributable to the national economic
development objectives set forth in such section shall include all
primary, secondary, and tertiary benefits attributable to the flood
control measures authorized by this section regardless of to whom such
benefits may accrue.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $20,000,000 for fiscal years
beginning after September 30, 1996.
SEC. 584. EVALUATION OF BEACH MATERIAL.
(a) In General.--The Secretary and the Secretary of the Interior
shall evaluate procedures and requirements used in the selection and
approval of materials to be used in the restoration and nourishment of
beaches. Such evaluation shall address the potential effects of
changing existing procedures and requirements on the implementation of
beach restoration and nourishment projects and on the aquatic
environment.
(b) Consultation.--In conducting the evaluation under this section,
the Secretaries shall consult with appropriate State agencies.
(c) Report.--Not later than 6 months after the date of the
enactment of this Act, the Secretaries shall transmit a report to
Congress on their findings under this section.
SEC. 585. NATIONAL CENTER FOR NANOFABRICATION AND MOLECULAR SELF-
ASSEMBLY.
(a) In General.--The Secretary is authorized to provide financial
assistance for not to exceed 50 percent of the costs of the necessary
fixed and movable equipment for a National Center for Nanofabrication
and Molecular Self-Assembly to be located in Evanston, Illinois.
(b) Terms and Conditions.--No financial assistance may be provided
under this section unless an application is made to the Secretary at
such time, in such manner, and containing or accompanied by such
information as the Secretary may require.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $7,000,000 for fiscal years
beginning after September 30, 1996 .
SEC. 586. SENSE OF CONGRESS REGARDING ST. LAWRENCE SEAWAY TOLLS.
It is the sense of Congress that the President should engage in
negotiations with the Government of Canada for the purposes of--
(1) eliminating tolls along the St. Lawrence Seaway system;
and
(2) identifying ways to maximize the movement of goods and
commerce through the St. Lawrence Seaway.
SEC. 587. PRADO DAM, CALIFORNIA.
(a) Separable Element Review.--
(1) Review.--Not later than 6 months after the date of the
enactment of this Act, the Secretary shall review, in
cooperation with the non-Federal interest, the Prado Dam
feature of the project for flood control, Santa Ana River
Mainstem, California, authorized by section 401(a) of the Water
Resources Development Act of 1986 (100 Stat. 4113), with a view
toward determining whether the feature may be considered a
separable element, as that term is defined in section 103(f) of
such Act.
(2) Modification of cost-sharing requirement.--If the Prado
Dam feature is determined to be a separable element under
paragraph (1), the Secretary shall reduce the non-Federal cost-
sharing requirement for such feature in accordance with section
103(a)(3) of the Water Resources Development Act of 1986 (33
U.S.C. 2213(a)(3)) and shall enter into a project cooperation
agreement with the non-Federal interest to reflect the modified
cost-sharing requirement and to carry out construction.
(b) Dam Safety Adjustment.--Not later than 6 months after the date
of the enactment of this Act, the Secretary shall determine the
estimated costs associated with dam safety improvements that would have
been required in the absence of flood control improvements authorized
for the Santa Ana River Mainstem project referred to in subsection (a)
and shall reduce the non-Federal share for the Prado Dam feature of
such project by an amount equal to the Federal share of such dam safety
improvements, updated to current price levels.
SEC. 588. MORGANZA, LOUISIANA TO THE GULF OF MEXICO.
(1) Study.--The Secretary shall conduct a study of the
environmental, flood control and navigational impacts assoiciated with
the construction of a lock structure in the Houma Navigation Canal as
an independent feature of the overall flood damage prevention study
currently being conducted under the Morganza, Louisiana to the Gulf of
Mexico feasibility study. In preparing such study, the Secretary shall
consult the South Terrebonne Tidewater Management and Conservation
District and consider the District's Preliminary Design Document, dated
February, 1994. Further, the Secretary shall evaluate the findings of
the Coastal Wetlands Planning, Protection and Restoration Federal Task
Force, as authorized by Public Law 101-646, relating to the lock
structure.
(2) Report.--The Secretary shall transmit to Congress a report on
the results of the study conducted under paragraph (1), together with
recommendations on immediate implementation not later than 6 months
after the enactment of this Act.
TITLE VI--EXTENSION OF EXPENDITURE AUTHORITY UNDER HARBOR MAINTENANCE
TRUST FUND
SEC. 601. EXTENSION OF EXPENDITURE AUTHORITY UNDER HARBOR MAINTENANCE
TRUST FUND.
Paragraph (1) of section 9505(c) of the Internal Revenue Code of
1986 (relating to expenditures from Harbor Maintenance Trust Fund) is
amended to read as follows:
``(1) to carry out section 210 of the Water Resources
Development Act of 1986 (as in effect on the date of the
enactment of the Water Resources Development Act of 1996),''.
Attest:
Clerk.