[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 640 Enrolled Bill (ENR)]
S.640
One Hundred Fourth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, one thousand nine hundred and ninety-six
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Water Resources
Development Act of 1996''.
(b) Table of Contents.--
Sec. 1. Short title; table of contents.
Sec. 2. 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.
TITLE II--GENERAL PROVISIONS
Sec. 201. Cost sharing for dredged material disposal areas.
Sec. 202. Flood control policy.
Sec. 203. Cost sharing for feasibility studies.
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 for 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. National dam safety program.
Sec. 216. Hydroelectric power project uprating.
Sec. 217. Dredged material disposal facility partnerships.
Sec. 218. Obstruction removal requirement.
Sec. 219. Small project authorizations.
Sec. 220. Uneconomical cost-sharing requirements.
Sec. 221. Planning assistance to States.
Sec. 222. Corps of Engineers expenses.
Sec. 223. State and Federal agency review period.
Sec. 224. Section 215 reimbursement limitation per project.
Sec. 225. Melaleuca.
Sec. 226. Sediments decontamination technology.
Sec. 227. Shore protection.
Sec. 228. Conditions for project deauthorizations.
Sec. 229. Support of Army civil works program.
Sec. 230. Benefits to navigation.
Sec. 231. Loss of life prevention.
Sec. 232. Scenic and aesthetic considerations.
Sec. 233. Termination of technical advisory committee.
Sec. 234. Interagency and international support authority.
Sec. 235. Sense of Congress; requirement regarding notice.
Sec. 236. Technical corrections.
Sec. 237. Hopper dredges.
TITLE III--PROJECT-RELATED PROVISIONS
Sec. 301. Project modifications.
Sec. 302. Mobile Harbor, Alabama.
Sec. 303. Nogales Wash and Tributaries, Arizona.
Sec. 304. White River Basin, Arkansas and Missouri.
Sec. 305. Channel Islands Harbor, California.
Sec. 306. Lake Elsinore, California.
Sec. 307. Los Angeles and Long Beach Harbors, San Pedro Bay, California.
Sec. 308. Los Angeles County drainage area, California.
Sec. 309. Prado Dam, California.
Sec. 310. Queensway Bay, California.
Sec. 311. Seven Oaks Dam, California.
Sec. 312. Thames River, Connecticut.
Sec. 313. Canaveral Harbor, Florida.
Sec. 314. Captiva Island, Florida.
Sec. 315. Central and Southern Florida, Canal 51.
Sec. 316. Central and Southern Florida, Canal 111.
Sec. 317. Jacksonville Harbor (Mill Cove), Florida.
Sec. 318. Panama City Beaches, Florida.
Sec. 319. Chicago, Illinois.
Sec. 320. Chicago Lock and Thomas J. O'Brien Lock, Illinois.
Sec. 321. Kaskaskia River, Illinois.
Sec. 322. Locks and Dam 26, Alton, Illinois and Missouri.
Sec. 323. White River, Indiana.
Sec. 324. Baptiste Collette Bayou, Louisiana.
Sec. 325. Lake Pontchartrain, Louisiana.
Sec. 326. Mississippi River-Gulf Outlet, Louisiana.
Sec. 327. Tolchester Channel, Maryland.
Sec. 328. Cross Village Harbor, Michigan.
Sec. 329. Saginaw River, Michigan.
Sec. 330. Sault Sainte Marie, Chippewa County, Michigan.
Sec. 331. St. Johns Bayou and New Madrid Floodway, Missouri.
Sec. 332. Lost Creek, Columbus, Nebraska.
Sec. 333. Passaic River, New Jersey.
Sec. 334. Acequias irrigation system, New Mexico.
Sec. 335. Jones Inlet, New York.
Sec. 336. Buford Trenton Irrigation District, North Dakota.
Sec. 337. Reno Beach-Howards Farm, Ohio.
Sec. 338. Broken Bow Lake, Red River Basin, Oklahoma.
Sec. 339. Wister Lake project, Leflore County, Oklahoma.
Sec. 340. Bonneville Lock and Dam, Columbia River, Oregon and
Washington.
Sec. 341. Columbia River dredging, Oregon and Washington.
Sec. 342. Lackawanna River at Scranton, Pennsylvania.
Sec. 343. Mussers Dam, Middle Creek, Snyder County, Pennsylvania.
Sec. 344. Schuylkill River, Pennsylvania.
Sec. 345. South Central Pennsylvania.
Sec. 346. Wyoming Valley, Pennsylvania.
Sec. 347. Allendale Dam, North Providence, Rhode Island.
Sec. 348. Narragansett, Rhode Island.
Sec. 349. Clouter Creek disposal area, Charleston, South Carolina.
Sec. 350. Buffalo Bayou, Texas.
Sec. 351. Dallas floodway extension, Dallas, Texas.
Sec. 352. Grundy, Virginia.
Sec. 353. Haysi Lake, Virginia.
Sec. 354. Rudee Inlet, Virginia Beach, Virginia.
Sec. 355. Virginia Beach, Virginia.
Sec. 356. East Waterway, Washington.
Sec. 357. Bluestone Lake, West Virginia.
Sec. 358. Moorefield, West Virginia.
Sec. 359. Southern West Virginia.
Sec. 360. West Virginia trailhead facilities.
Sec. 361. Kickapoo River, Wisconsin.
Sec. 362. Teton County, Wyoming.
Sec. 363. Project reauthorizations.
Sec. 364. Project deauthorizations.
Sec. 365. Mississippi Delta Region, Louisiana.
Sec. 366. Monongahela River, Pennsylvania.
TITLE IV--STUDIES
Sec. 401. Corps capability study, Alaska.
Sec. 402. Red River, Arkansas.
Sec. 403. McDowell Mountain, Arizona.
Sec. 404. Nogales Wash and tributaries, Arizona.
Sec. 405. Garden Grove, California.
Sec. 406. Mugu Lagoon, California.
Sec. 407. Murrieta Creek, Riverside County, California.
Sec. 408. Pine Flat Dam fish and wildlife habitat restoration,
California.
Sec. 409. Santa Ynez, California.
Sec. 410. Southern California infrastructure.
Sec. 411. Stockton, California.
Sec. 412. Yolo Bypass, Sacramento-San Joaquin Delta, California.
Sec. 413. West Dade, Florida.
Sec. 414. Savannah River Basin comprehensive water resources study.
Sec. 415. Chain of Rocks Canal, Illinois.
Sec. 416. Quincy, Illinois.
Sec. 417. Springfield, Illinois.
Sec. 418. Beauty Creek watershed, Valparaiso City, Porter County,
Indiana.
Sec. 419. Grand Calumet River, Hammond, Indiana.
Sec. 420. Indiana Harbor Canal, East Chicago, Lake County, Indiana.
Sec. 421. Koontz Lake, Indiana.
Sec. 422. Little Calumet River, Indiana.
Sec. 423. Tippecanoe River watershed, Indiana.
Sec. 424. Calcasieu River, Hackberry, Louisiana.
Sec. 425. Morganza, Louisiana, to Gulf of Mexico.
Sec. 426. Huron River, Michigan.
Sec. 427. City of North Las Vegas, Clark County, Nevada.
Sec. 428. Lower Las Vegas Wash wetlands, Clark County, Nevada.
Sec. 429. Northern Nevada.
Sec. 430. Saco River, New Hampshire.
Sec. 431. Buffalo River greenway, New York.
Sec. 432. Coeymans, New York.
Sec. 433. New York Bight and Harbor study.
Sec. 434. Port of Newburgh, New York.
Sec. 435. Port of New York-New Jersey navigation study.
Sec. 436. Shinnecock Inlet, New York.
Sec. 437. Chagrin River, Ohio.
Sec. 438. Cuyahoga River, Ohio.
Sec. 439. Columbia Slough, Oregon.
Sec. 440. Charleston, South Carolina.
Sec. 441. Oahe Dam to Lake Sharpe, South Dakota.
Sec. 442. Mustang Island, Corpus Christi, Texas.
Sec. 443. Prince William County, Virginia.
Sec. 444. Pacific Region.
Sec. 445. Financing of infrastructure needs of small and medium ports.
Sec. 446. Evaluation of beach material.
TITLE V--MISCELLANEOUS PROVISIONS
Sec. 501. Land conveyances.
Sec. 502. Namings.
Sec. 503. Watershed management, restoration, and development.
Sec. 504. Environmental infrastructure.
Sec. 505. Corps capability to conserve fish and wildlife.
Sec. 506. Periodic beach nourishment.
Sec. 507. Design and construction assistance.
Sec. 508. Lakes program.
Sec. 509. Maintenance of navigation channels.
Sec. 510. Chesapeake Bay environmental restoration and protection
program.
Sec. 511. Research and development program to improve salmon survival.
Sec. 512. Columbia River Treaty fishing access.
Sec. 513. Great Lakes confined disposal facilities.
Sec. 514. Great Lakes dredged material testing and evaluation manual.
Sec. 515. Great Lakes remedial action plans and sediment remediation.
Sec. 516. Sediment management.
Sec. 517. Extension of jurisdiction of Mississippi River Commission.
Sec. 518. Sense of Congress regarding St. Lawrence Seaway tolls.
Sec. 519. Recreation partnership initiative.
Sec. 520. Field office headquarters facilities.
Sec. 521. Earthquake Preparedness Center of Expertise expansion.
Sec. 522. Jackson County, Alabama.
Sec. 523. Benton and Washington Counties, Arkansas.
Sec. 524. Heber Springs, Arkansas.
Sec. 525. Morgan Point, Arkansas.
Sec. 526. Calaveras County, California.
Sec. 527. Faulkner Island, Connecticut.
Sec. 528. Everglades and South Florida ecosystem restoration.
Sec. 529. Tampa, Florida.
Sec. 530. Watershed management plan for Deep River Basin, Indiana.
Sec. 531. Southern and Eastern Kentucky.
Sec. 532. Coastal wetlands restoration projects, Louisiana.
Sec. 533. Southeast Louisiana.
Sec. 534. Assateague Island, Maryland and Virginia.
Sec. 535. Cumberland, Maryland.
Sec. 536. William Jennings Randolph Access Road, Garrett County,
Maryland.
Sec. 537. Poplar Island, Maryland.
Sec. 538. Erosion control measures, Smith Island, Maryland.
Sec. 539. Restoration projects for Maryland, Pennsylvania, and West
Virginia.
Sec. 540. Control of aquatic plants, Michigan, Pennsylvania, and
Virginia and North Carolina.
Sec. 541. Duluth, Minnesota, alternative technology project.
Sec. 542. Lake Superior Center, Minnesota.
Sec. 543. Redwood River basin, Minnesota.
Sec. 544. Coldwater River Watershed, Mississippi.
Sec. 545. Natchez Bluffs, Mississippi.
Sec. 546. Sardis Lake, Mississippi.
Sec. 547. St. Charles County, Missouri, flood protection.
Sec. 548. St. Louis, Missouri.
Sec. 549. Libby Dam, Montana.
Sec. 550. Hackensack Meadowlands area, New Jersey.
Sec. 551. Hudson River habitat restoration, New York.
Sec. 552. New York City Watershed.
Sec. 553. New York State Canal System.
Sec. 554. Orchard Beach, Bronx, New York.
Sec. 555. Dredged material containment facility for Port of New York-New
Jersey.
Sec. 556. Queens County, New York.
Sec. 557. Jamestown Dam and Pipestem Dam, North Dakota.
Sec. 558. Northeastern Ohio.
Sec. 559. Ohio River Greenway.
Sec. 560. Grand Lake, Oklahoma.
Sec. 561. Broad Top region of Pennsylvania.
Sec. 562. Curwensville Lake, Pennsylvania.
Sec. 563. Hopper dredge McFarland.
Sec. 564. Philadelphia, Pennsylvania.
Sec. 565. Seven Points Visitors Center, Raystown Lake, Pennsylvania.
Sec. 566. Southeastern Pennsylvania.
Sec. 567. Upper Susquehanna River basin, Pennsylvania and New York.
Sec. 568. Wills Creek, Hyndman, Pennsylvania.
Sec. 569. Blackstone River Valley, Rhode Island and Massachusetts.
Sec. 570. Dredged material containment facility for Port of Providence,
Rhode Island.
Sec. 571. Quonset Point-Davisville, Rhode Island.
Sec. 572. East Ridge, Tennessee.
Sec. 573. Murfreesboro, Tennessee.
Sec. 574. Tennessee River, Hamilton County, Tennessee.
Sec. 575. Harris County, Texas.
Sec. 576. Neabsco Creek, Virginia.
Sec. 577. Tangier Island, Virginia.
Sec. 578. Pierce County, Washington.
Sec. 579. Greenbrier River Basin, West Virginia, flood protection.
Sec. 580. Lower Mud River, Milton, West Virginia.
Sec. 581. West Virginia and Pennsylvania flood control.
Sec. 582. Site designation.
Sec. 583. Long Island Sound.
Sec. 584. Water monitoring station.
Sec. 585. Overflow management facility.
Sec. 586. Privatization of infrastructure assets.
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.
In 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
subsection, 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
subsection:
(1) American river watershed, california.--
(A) In general.--The project for flood damage reduction,
American and Sacramento Rivers, California: Report of the Chief
of Engineers, dated June 27, 1996, at a total cost of
$56,900,000, with an estimated Federal cost of $42,675,000 and
an estimated non-Federal cost of $14,225,000, consisting of--
(i) approximately 24 miles of slurry wall in the 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 gauges upstream from the
Folsom Reservoir; and
(iv) modifications to the flood warning system along
the lower American River.
(B) Credit toward non-federal share.--The non-Federal
interest shall receive credit toward the non-Federal share of
project costs for expenses that the non-Federal interest incurs
for design or construction of any of the features authorized
under this paragraph before the date on which Federal funds are
made available for construction of the project. The amount of
the credit shall be determined by the Secretary.
(C) Interim operation.--Until such time as a comprehensive
flood damage reduction plan for the American River watershed
has been implemented, 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 and shall extend the agreement between the Bureau of
Reclamation and the Sacramento Area Flood Control Agency with
respect to the watershed.
(D) Other costs.--The non-Federal interest shall be
responsible for--
(i) all operation, maintenance, repair, replacement,
and rehabilitation costs associated with the improvements
carried out under this paragraph; and
(ii) 25 percent of the costs incurred for the variable
flood control operation of the Folsom Dam and Reservoir
during the 4-year period beginning on the date of the
enactment of this Act and 100 percent of such costs
thereafter.
(2) 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.
(3) Marin county shoreline, san rafael, california.--The
project for hurricane and 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.
(4) Port of long beach (deepening), california.--The project
for navigation, Port of Long Beach (Deepening), California: Report
of the Chief of Engineers, dated July 26, 1996, 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.
(5) San lorenzo river, california.--The project for flood
control, San Lorenzo River, 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 and habitat restoration, at a total
cost of $4,050,000, with an estimated Federal cost of $3,040,000
and an estimated non-Federal cost of $1,010,000.
(6) 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.
(7) Santa monica breakwater, california.--The project for
hurricane 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.
(8) 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.
(9) 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 shall assume ownership of the bridge.
(10) Cedar hammock (wares creek), florida.--The project for
flood control, Cedar Hammock (Wares Creek), Manatee County,
Florida: Report of the Chief of Engineers, dated August 23, 1996,
at a total cost of $13,846,000, with an estimated Federal cost of
$10,385,000 and an estimated non-Federal cost of $3,461,000.
(11) Lower savannah river basin, georgia and south carolina.--
The project for environmental restoration, Lower Savannah River
Basin, Georgia and South Carolina: Report of the Chief of
Engineers, dated July 30, 1996, at a total cost of $3,431,000, with
an estimated Federal cost of $2,573,000 and an estimated non-
Federal cost of $858,000.
(12) 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.
(13) 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.
(14) 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.
(15) 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.
(16) Port fourchon, lafourche parish, louisiana.--The 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.
(17) 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.
(18) Blue river basin, kansas city, missouri.--The project for
flood control, Blue River Basin, Kansas City, Missouri: Report of
the Chief of Engineers, dated September 5, 1996, at a total cost of
$17,082,000, with an estimated Federal cost of $12,043,000 and an
estimated non-Federal cost of $5,039,000.
(19) 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.
(20) 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.
(21) Atlantic coast of long island, new york.--The project for
storm damage reduction, Atlantic Coast of Long Island from Jones
Inlet to East Rockaway Inlet, Long Beach Island, New York: Report
of the Chief of Engineers, dated April 5, 1996, at a total cost of
$72,091,000, with an estimated Federal cost of $46,859,000 and an
estimated non-Federal cost of $25,232,000.
(22) Cape fear--northeast (cape fear) rivers, north carolina.--
The project for navigation, Cape Fear--Northeast (Cape Fear)
Rivers, North Carolina: Report of the Chief of Engineers, dated
September 9, 1996, at a total cost of $221,735,000, with an
estimated Federal cost of $132,936,000 and an estimated non-Federal
cost of $88,799,000.
(23) 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 $15,572,000 and an estimated non-Federal
cost of $8,381,000.
(24) 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.
(25) 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 Federal cost
of $38,000,000.
(26) 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.
(27) 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
$71,940,000 and an estimated non-Federal cost of $44,699,000.
(28) 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.
(29) 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.
(30) 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 cost of $298,334,000, with an estimated
Federal cost of $197,237,000 and an estimated non-Federal cost of
$101,097,000, and an average annual cost of $786,000 for future
environmental restoration over the 50-year life of the project,
with an estimated annual Federal cost of $590,000 and an estimated
annual non-Federal cost of $196,000. 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.
(31) 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.
(b) Projects Subject to Report.--The following projects for water
resources development and conservation and other purposes are
authorized to be carried out by the Secretary substantially in
accordance with the plans, and subject to the conditions, recommended
in a final report (or in the case of the project described in paragraph
(10), a Detailed Project Report) of the Corps of Engineers, if the
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 $4,282,000 and an estimated non-Federal cost of $6,083,000.
(2) Cook inlet, alaska.--The project for navigation, Cook
Inlet, Alaska, at a total cost of $5,700,000, with an estimated
Federal cost of $3,700,000 and an estimated non-Federal cost of
$2,000,000.
(3) St. paul island harbor, st. paul, alaska.--The project for
navigation, St. Paul Harbor, St. Paul, Alaska, at a total cost of
$18,981,000, with an estimated Federal cost of $12,239,000 and an
estimated non-Federal cost of $6,742,000.
(4) Norco bluffs, riverside county, california.--The project
for bluff stabilization, Norco Bluffs, Riverside County,
California, at a 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) Terminus dam, kaweah river, california.--The project for
flood control and water supply, Terminus Dam, Kaweah River,
California, at a total cost of $34,500,000, with an estimated
Federal cost of $20,200,000 and an estimated non-Federal cost of
$14,300,000.
(6) Rehoboth beach and dewey beach, delaware.--The 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 Federal cost of $6,125,000 and an estimated non-Federal
cost of $3,298,000, and an estimated 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.
(7) Brevard county, florida.--The project for shoreline
protection, Brevard County, Florida, at a total cost of
$76,620,000, with an estimated Federal cost of $36,006,000 and an
estimated non-Federal cost of $40,614,000, and an estimated 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.
(8) Lake 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.
(9) Miami harbor channel, florida.--The project for navigation,
Miami Harbor Channel, Miami, Florida, at a 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) New harmony, indiana.--The project for streambank erosion
protection, Wabash River at New Harmony, Indiana, at a total cost
of $2,800,000, with an estimated Federal cost of $2,100,000 and an
estimated non-Federal cost of $700,000.
(11) Westwego to harvey canal, louisiana.--The project for
hurricane damage prevention and flood control, West Bank Hurricane
Protection (Lake Cataouatche Area), Jefferson Parish, Louisiana, 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.
(12) Chesapeake and delaware canal, maryland and delaware.--The
project for navigation and safety improvements, Chesapeake and
Delaware Canal, Baltimore Harbor Connecting Channels, Delaware and
Maryland, at a total cost of $82,800,000, with an estimated Federal
cost of $53,852,000 and an estimated non-Federal cost of
$28,948,000.
(13) 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.
SEC. 102. SMALL FLOOD CONTROL PROJECTS.
The Secretary shall conduct a study for each of the following
projects and, if the Secretary determines that the project is feasible,
may 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, demonade park, lafayette, louisiana.--
Project for nonstructural flood control, Vermillion River, Demonade
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) Malta, montana.--Project for flood control, Malta,
Montana.
(15) Buffalo creek, erie county, new york.--Project for flood
control, Buffalo Creek, Erie County, New York.
(16) Cazenovia creek, erie county, new york.--Project for flood
control, Cazenovia Creek, Erie County, New York.
(17) Cheektowaga, erie county, new york.--Project for flood
control, Cheektowaga, Erie County, New York.
(18) Fulmer creek, village of mohawk, new york.--Project for
flood control, Fulmer Creek, village of Mohawk, New York.
(19) Moyer creek, village of frankfort, new york.--Project for
flood control, Moyer Creek, village of Frankfort, New York.
(20) Sauquoit creek, whitesboro, new york.--Project for flood
control, Sauquoit Creek, Whitesboro, New York.
(21) Steele creek, village of ilion, new york.--Project for
flood control, Steele Creek, village of Ilion, New York.
(22) Willamette river, oregon.--Project for nonstructural flood
control, Willamette River, Oregon, including floodplain and
ecosystem restoration.
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,
may 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.
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,
may 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) Illinois and michigan canal, illinois.--Project for
navigation, Illinois and Michigan Canal, Illinois, including marina
development at Lock 14.
(3) Grand marais harbor breakwater, michigan.--Project for
navigation, Grand Marais Harbor breakwater, Michigan.
(4) Duluth, minnesota.--Project for navigation, Duluth,
Minnesota.
(5) Taconite, minnesota.--Project for navigation, Taconite,
Minnesota.
(6) Two harbors, minnesota.--Project for navigation, Two
Harbors, Minnesota.
(7) Caruthersville harbor, pemiscot county, missouri.--Project
for navigation, Caruthersville Harbor, Pemiscot County, Missouri,
including enlargement of the existing harbor and bank stabilization
measures.
(8) New madrid county harbor, missouri.--Project for
navigation, New Madrid County Harbor, Missouri, including
enlargement of the existing harbor and bank stabilization measures.
(9) 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.
(10) Buffalo inner harbor, buffalo, new york.--Project for
navigation, Buffalo Inner Harbor, Buffalo, New York, including
enlargement of the existing harbor and bank stabilization measures.
(11) Glenn cove creek, new york.--Project for navigation, Glenn
Cove Creek, New York, including bulkheading.
(12) 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.
The Secretary shall conduct a study for each of the following
projects, and if the Secretary determines that the project is feasible,
may carry out the project under section 3 of the Act entitled ``An Act
authorizing Federal participation in the cost of protecting the shores
of publicly owned property'', approved August 13, 1946 (33 U.S.C. 426g;
60 Stat. 1056):
(1) Fort pierce, florida.--Project for 1 mile of additional
shoreline protection, Fort Pierce, Florida.
(2) Sylvan beach breakwater, verona, oneida county, new york.--
Project for shoreline protection, Sylvan Beach breakwater, Verona,
Oneida County, New York.
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 may carry out the project under
section 3 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 (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, may carry out the project under section 1135(a) of the
Water Resources Development Act of 1986 (33 U.S.C. 2309a(a)):
(1) Pine flat dam, california.--Project for fish and wildlife
habitat restoration, Pine Flat Dam, Kings River, California,
including construction of a turbine bypass.
(2) 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.
(3) Whittier narrows dam, california.--Project for
environmental restoration and remediation of contaminated water
sources, Whittier Narrows Dam, California.
(4) Lower amazon creek, oregon.--Project for environmental
restoration, Lower Amazon Creek, Oregon, consisting of
environmental restoration measures relating to the flood reduction
measures constructed by the Corps of Engineers and the related
flood reduction measures constructed by the Natural Resources
Conservation Service.
(5) Ashley creek, utah.--Project for fish and wildlife
restoration, Ashley Creek near Vernal, Utah.
(6) Upper jordan river, salt lake county, utah.--Project for
channel restoration and environmental improvement, Upper Jordan
River, Salt Lake County, Utah.
TITLE II--GENERAL 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) in paragraph (2) by striking the last sentence 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.--In 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 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
perform''.
(d) Consideration of Funding Requirements and Equitable
Apportionment.--Section 101 of such Act (33 U.S.C. 2211; 100 Stat.
4082-4084) is 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 requirements for operation and maintenance
dredging of commercial navigation harbors are considered before
Federal funds are obligated for payment of the Federal share of
costs associated with the construction of dredged material disposal
facilities in accordance with subsections (a) and (b);
``(2) funds expended for such construction are apportioned
equitably in accordance with regional needs; and
``(3) use of a dredged material disposal facility designed,
constructed, managed, or operated by a private entity is not
precluded if, consistent with economic and environmental
considerations, the facility is the least-cost alternative.''.
(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 that are in or that 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 that date.
(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) expanding any confined dredged material disposal facility
that is operated by the Secretary and that is authorized for cost
recovery through the collection of tolls;
(2) any confined dredged material disposal facility for which
the invitation for bids for construction was issued before the date
of the enactment of this Act; and
(3) expanding any confined dredged material disposal facility
constructed under section 123 of the River and Harbor Act of 1970
(33 U.S.C. 1293a) if the capacity of the confined dredged material
disposal facility was exceeded in less than 6 years.
SEC. 202. FLOOD CONTROL POLICY.
(a) Flood Control Cost Sharing.--
(1) Increased non-federal contributions.--
(A) In general.--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''.
(B) Applicability.--The amendments made by subparagraph (A)
shall apply to any project authorized after the date of the
enactment of this Act and to any flood control project that 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.
(2) Physical construction defined.--Section 103(e)(1) of such
Act (33 U.S.C. 2213(e)(1)) is amended by adding at the end the
following: ``For the purpose of the preceding sentence, physical
construction shall be considered to be initiated on the date of the
award of a construction contract.''.
(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 a 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 1
year after such date of enactment to reflect the requirements of
paragraph (3).
``(3) Revision of criteria and procedures.--In revising
criteria and procedures pursuant to paragraph (2), 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 may reduce 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 criteria
and 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 enter into a project cooperation agreement
after December 31, 1997.
(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) Floodplain 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. FLOODPLAIN MANAGEMENT REQUIREMENTS.
``(a) Compliance With Floodplain Management and Insurance
Programs.--Before construction of any project for local flood
protection, or any project for hurricane or storm damage reduction,
that involves Federal assistance from the Secretary, the non-Federal
interest shall agree to participate in and comply with applicable
Federal floodplain 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 floodplain 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 floodplain values.
``(2) Limitation on statutory construction.--Nothing in this
subsection shall be construed to confer any regulatory authority
upon the Secretary or the Director of the Federal Emergency
Management Agency.
``(d) Technical Support.--The Secretary may 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) Nonstructural 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 nonstructural
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 of 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) Levee Owners Manual.--Section 5 of such Act of August 18, 1941
(33 U.S.C. 701n), is amended by adding at the end the following:
``(c) Levee Owners Manual.--
``(1) In general.--Not later than 1 year after the date of the
enactment of this subsection, in accordance with chapter 5 of title
5, United States Code, the Secretary of the Army shall prepare a
manual describing the maintenance and upkeep responsibilities that
the Corps of Engineers requires of a non-Federal interest in order
for the non-Federal interest to receive Federal assistance under
this section. The Secretary shall provide a copy of the manual at
no cost to each non-Federal interest that is eligible to receive
Federal assistance under this section.
``(2) Authorization of appropriations.--There is authorized to
be appropriated $1,000,000 to carry out this subsection.
``(3) Definitions.--In this subsection, the following
definitions apply:
``(A) Maintenance and upkeep.--The term `maintenance and
upkeep' means all maintenance and general upkeep of a levee
performed on a regular and consistent basis that is not repair
and rehabilitation.
``(B) Repair and rehabilitation.--The term `repair and
rehabilitation'--
``(i) means the repair or rebuilding of a levee or
other flood control structure, after the structure has been
damaged by a flood, to the level of protection provided by
the structure before the flood; but
``(ii) does not include--
``(I) any improvement to the structure; or
``(II) repair or rebuilding described in clause (i)
if, in the normal course of usage, the structure
becomes structurally unsound and is no longer fit to
provide the level of protection for which the structure
was designed.''.
(g) Vegetation Management Guidelines.--
(1) Review.--The Secretary shall undertake a comprehensive
review of the current policy guidelines on vegetation management
for levees. The review shall examine current policies in view of
the varied interests in providing flood control, preserving,
protecting, and enhancing natural resources, protecting the rights
of Native Americans pursuant to treaty and statute, and such other
factors as the Secretary considers appropriate.
(2) Cooperation and consultation.--The review under this
section shall be undertaken in cooperation with interested Federal
agencies and in consultation with interested representatives of
State and local governments and the public.
(3) Revision of guidelines.--Based upon the results of the
review, the Secretary shall revise, not later than 270 days after
the date of the enactment of this Act, the policy guidelines so as
to provide a coherent and coordinated policy for vegetation
management for levees. Such revised guidelines shall address
regional variations in levee management and resource needs and
shall be incorporated in the manual proposed under section 5(c) of
such Act of August 18, 1941 (33 U.S.C. 701n).
(h) Risk-Based Analysis Methodology.--
(1) In general.--The Secretary shall enter into an agreement
with the National Academy of Sciences to conduct a study of the
Corps of Engineers' use of risk-based analysis for the evaluation
of hydrology, hydraulics, and economics in flood damage reduction
studies. The study shall include--
(A) an evaluation of the impact of risk-based analysis on
project formulation, project economic justification, and
minimum engineering and safety standards; and
(B) a review of studies conducted using risk-based analysis
to determine--
(i) the scientific validity of applying risk-based
analysis in these studies; and
(ii) the impact of using risk-based analysis as it
relates to current policy and procedures of the Corps of
Engineers.
(2) Report.--Not later than 18 months after the date of the
enactment of this Act, the Secretary shall submit to Congress a
report on the results of the study under paragraph (1), as well as
such recommendations as the Secretary considers appropriate.
(3) Limitation on use of methodology.--During the period
beginning on the date of the enactment of this Act and ending 18
months after that date, if requested by a non-Federal interest, the
Secretary shall refrain from using any risk-based technique
required under the studies described in paragraph (1) for the
evaluation and design of a project.
(4) Authorization of appropriations.--There is authorized to be
appropriated $250,000 to carry out this subsection.
SEC. 203. COST SHARING FOR FEASIBILITY STUDIES.
(a) Non-Federal Share.--Section 105(a) of the Water Resources
Development Act of 1986 (33 U.S.C. 2215(a)) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) Cost sharing.--
``(A) In general.--The Secretary shall not initiate any
feasibility study for a water resources project after November
17, 1986, until appropriate non-Federal interests agree, by
contract, to contribute 50 percent of the cost of the study.
``(B) Payment of cost share during period of study.--During
the period of the study, the non-Federal share of the cost of
the study payable under subparagraph (A) shall be 50 percent of
the sum of--
``(i) the cost estimate for the study as contained in
the feasibility cost-sharing agreement; and
``(ii) any excess of the cost of the study over the
cost estimate if the excess results from--
``(I) a change in Federal law; or
``(II) a change in the scope of the study requested
by the non-Federal interests.
``(C) Payment of cost share on authorization of project or
termination of study.--
``(i) Project timely authorized.--Except as otherwise
agreed to by the Secretary and the non-Federal interests
and subject to clause (ii), the non-Federal share of any
excess of the cost of the study over the cost estimate
(excluding any excess cost described in subparagraph
(B)(ii)) shall be payable on the date on which the
Secretary and the non-Federal interests enter into an
agreement pursuant to section 101(e) or 103(j) with respect
to the project.
``(ii) Project not timely authorized.--If the project
that is the subject of the study is not authorized by the
date that is 5 years after the completion of the final
report of the Chief of Engineers concerning the study or
the date that is 2 years after the termination of the
study, the non-Federal share of any excess of the cost of
the study over the cost estimate (excluding any excess cost
described in subparagraph (B)(ii)) shall be payable to the
United States on that date.
``(D) Amendment of cost estimate.--The cost estimate
referred to in subparagraph (B)(i) may be amended only by
agreement of the Secretary and the non-Federal interests.
``(E) In-kind contributions.--Not more than \1/2\ of the
non-Federal share required under this paragraph may be
satisfied by the provision of services, materials, supplies, or
other in-kind services necessary to prepare the feasibility
report.''; and
(2) in paragraph (2) by striking ``(2) This subsection'' and
inserting the following:
``(2) Applicability.--This subsection''.
(b) Applicability.--The amendments made by subsection (a) shall
apply notwithstanding any feasibility cost-sharing agreement entered
into by the Secretary and the non-Federal interests. On request of the
non-Federal interest, the Secretary shall amend any feasibility cost-
sharing agreements in effect on the date of the enactment of this Act
so as to conform the agreements with the amendments.
(c) No Requirement of Reimbursement.--Nothing in this section or
any amendment made by this section requires 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.
(c) Restoration of Environmental Quality.--Section 1135 of such Act
is amended--
(1) by redesignating subsections (c), (d), and (e) as
subsections (e), (f), and (g), respectively;
(2) by inserting after subsection (b) the following:
``(c) Restoration of Environmental Quality.--If the Secretary
determines that construction of a water resources 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, through modifications
either 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)
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 or measure. Not 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 (as amended by subsection
(c)(1) of this section) is 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 (33
U.S.C. 1252 note; 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)--
(A) in paragraph (1) by inserting ``and remediation'' after
``removal'' each place it appears; and
(B) in paragraph (2) by striking ``$10,000,000'' and
inserting ``$20,000,000''; and
(3) by striking subsection (f) and inserting the following:
``(f) Priority Work.--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 may carry out an aquatic
ecosystem restoration and protection project if the Secretary
determines that the project--
(1) will improve the quality of the environment and is in the
public interest; and
(2) is cost-effective.
(b) Cost Sharing.--Non-Federal interests shall provide 35 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 to carry out
this section $25,000,000 for each fiscal year.
SEC. 207. BENEFICIAL USES OF DREDGED MATERIAL.
Section 204 of the Water Resources Development Act of 1992 (33
U.S.C. 2326; 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 reasonable in relation to the environmental
benefits, including the benefits to the aquatic environment to be
derived from the creation of wetlands and control of shoreline erosion.
The Federal share of such incremental costs shall be determined in
accordance with subsection (c).''.
SEC. 208. RECREATION POLICY AND USER FEES.
(a) Recreation Policy.--
(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) User Fees.--
(1) In general.--Section 210(b)(4) of the Flood Control Act of
1968 (16 U.S.C. 460d-3(b)(4)) is amended by inserting before the
period at the end the following: ``and, subject to the availability
of appropriations, shall be used for the purposes specified in
section 4(i)(3) of such Act at the water resources development
project at which the fees were collected''.
(2) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary shall prepare and submit 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, with respect to fiscal years 1995 and
1996, on--
(A) the amount of day-use fees collected under section
210(b) of the Flood Control Act of 1968 (16 U.S.C. 460d-3(b))
at each water resources development project; and
(B) the administrative costs associated with the collection
of the day-use fees at each water resources development
project.
(c) Alternative to Annual Passes.--
(1) 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.
(2) Annual pass.--The evaluation under paragraph (1) shall
include the establishment on a test basis of an annual pass that
costs $10 or less for the use of recreation facilities, including
facilities at Raystown Lake, Pennsylvania.
(3) Report.--Not later than December 31, 1999, the Secretary
shall transmit to Congress a report on the results of the
evaluation carried out under this subsection, together with
recommendations concerning whether annual passes for individual
projects should be offered on a nationwide basis.
(4) Expiration of authority.--The authority to establish an
annual pass under paragraph (2) shall expire on the later of
December 31, 1999, or the date of transmittal of the report under
paragraph (3).
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 civil works program of the Department of the Army and any other
amounts recovered by the Secretary from a contractor, insurer, surety,
or other person to reimburse the Department of 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 FOR ENVIRONMENTAL PROJECTS.
(a) In General.--Section 103(c) of the Water Resources Development
Act of 1986 (33 U.S.C. 2213(c); 100 Stat. 4085) 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:
``(7) environmental protection and restoration: 35 percent;
except that nothing in this paragraph shall affect or limit the
applicability of section 906.''.
(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 provide to the United States funds
for the studies and design activities during the period in which
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
may complete and transmit to the appropriate non-Federal interests the
study or design documents or, upon the request of such non-Federal
interests, 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 that has received
from the Secretary pursuant to subsection (b) or (c) a favorable
recommendation to carry out a flood control project, or separable
element of a flood control project, 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 under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) 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. 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 appropriations Acts, the
Secretary may 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 of a
flood control project, 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
considers 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 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.--The Secretary may not make
any reimbursement under this section until the Secretary determines
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) Flamingo and tropicana washes, nevada.--The project for
flood control, Las Vegas Wash and Tributaries (Flamingo and
Tropicana Washes), Nevada, authorized by section 101(13) of the
Water Resources Development Act of 1992 (106 Stat. 4803).
(6) 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.
(7) 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.
(8) 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 separable 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
that 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 $1,000,000 for each of
fiscal years 1997 through 2000.
(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 (33 U.S.C. 2313; 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 this section.''.
(b) Pre-Agreement Temporary Protection of Technology.--Section 7 of
such Act is 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:
``(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 (15 U.S.C. 3710a), 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 that
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. NATIONAL DAM SAFETY PROGRAM.
(a) Purpose.--The purpose of this section is 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 to bring together the expertise and resources of the Federal
and non-Federal communities in achieving national dam safety hazard
reduction. It is not the intent of this section to preempt any other
Federal or State authorities nor is it the intent of this section to
mandate State participation in the grant assistance program to be
established under this section.
(b) Effect on Other Dam Safety Programs.--Nothing in this section
(including the amendments made by this section) shall preempt or
otherwise affect any dam safety program of a Federal agency other than
the Federal Emergency Management Agency, including any program that
regulates, permits, or licenses any activity affecting a dam.
(c) Dam Safety Program.--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 et seq.; Public Law 92-
367), is amended--
(1) by striking the 1st section and inserting the following:
``SECTION 1. SHORT TITLE.
``This Act may be cited as the `National Dam Safety Program
Act'.'';
(2) by striking sections 5 through 14;
(3) by redesignating sections 2, 3, and 4 as sections 3, 4, and
5, respectively;
(4) by inserting after section 1 (as amended by paragraph (1)
of this subsection) the following:
``SEC. 2. DEFINITIONS.
``In this Act, the following definitions apply:
``(1) Board.--The term `Board' means a National Dam Safety
Review Board established under section 8(h).
``(2) Dam.--The term `dam'--
``(A) means any artificial barrier that has the ability to
impound water, wastewater, or any liquid-borne material, for
the purpose of storage or control of water, that--
``(i) is 25 feet or more in height from--
``(I) the natural bed of the stream channel or
watercourse measured at the downstream toe of the
barrier; or
``(II) if the barrier is not across a stream
channel or watercourse, from the lowest elevation of
the outside limit of the barrier;
to the maximum water storage elevation; or
``(ii) has an impounding capacity for maximum storage
elevation of 50 acre-feet or more; but
``(B) does not include--
``(i) a levee; or
``(ii) a barrier described in subparagraph (A) that--
``(I) is 6 feet or less in height regardless of
storage capacity; or
``(II) has a storage capacity at the maximum water
storage elevation that is 15 acre-feet or less
regardless of height;
unless the barrier, because of the location of the barrier
or another physical characteristic of the barrier, is
likely to pose a significant threat to human life or
property if the barrier fails (as determined by the
Director).
``(3) Director.--The term `Director' means the Director of
FEMA.
``(4) Federal agency.--The term `Federal agency' means a
Federal agency that designs, finances, constructs, owns, operates,
maintains, or regulates the construction, operation, or maintenance
of a dam.
``(5) Federal guidelines for dam safety.--The term `Federal
Guidelines for Dam Safety' means the FEMA publication, numbered 93
and dated June 1979, that defines management practices for dam
safety at all Federal agencies.
``(6) FEMA.--The term `FEMA' means the Federal Emergency
Management Agency.
``(7) Hazard reduction.--The term `hazard reduction' means the
reduction in the potential consequences to life and property of dam
failure.
``(8) ICODS.--The term `ICODS' means the Interagency Committee
on Dam Safety established by section 7.
``(9) Program.--The term `Program' means the national dam
safety program established under section 8.
``(10) State.--The term `State' means each of the several
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.
``(11) State dam safety agency.--The term `State dam safety
agency' means a State agency that has regulatory authority over the
safety of non-Federal dams.
``(12) State dam safety program.--The term `State dam safety
program' means a State dam safety program approved and assisted
under section 8(f).
``(13) United states.--The term `United States', when used in a
geographical sense, means all of the States.'';
(5) in section 3 (as redesignated by paragraph (3) of this
subsection)--
(A) by striking ``Sec. 3. As'' and inserting the following:
``SEC. 3. INSPECTION OF DAMS.
``(a) In General.--As''; and
(B) by adding at the end the following:
``(b) State Participation.--On request of a State dam safety
agency, with respect to any dam the failure of which would affect the
State, the head of a Federal agency shall--
``(1) provide information to the State dam safety agency on the
construction, operation, or maintenance of the dam; or
``(2) allow any official of the State dam safety agency to
participate in the Federal inspection of the dam.'';
(6) in section 4 (as redesignated by paragraph (3) of this
subsection) by striking ``Sec. 4. As'' and inserting the following:
``SEC. 4. INVESTIGATION REPORTS TO GOVERNORS.
``As'';
(7) in section 5 (as redesignated by paragraph (3) of this
subsection) by striking ``Sec. 5. For'' and inserting the
following:
``SEC. 5. DETERMINATION OF DANGER TO HUMAN LIFE AND PROPERTY.
``For''; and
(8) by inserting after section 5 (as redesignated by paragraph
(3) of this subsection) the following:
``SEC. 6. NATIONAL DAM INVENTORY.
``The Secretary of the Army, acting through the Chief of Engineers,
may maintain and periodically publish updated information on the
inventory of dams in the United States.
``SEC. 7. INTERAGENCY COMMITTEE ON DAM SAFETY.
``(a) Establishment.--There is established an Interagency Committee
on Dam Safety--
``(1) comprised of a representative of each of the Department
of Agriculture, the Department of Defense, the Department of
Energy, the Department of the Interior, the Department of Labor,
FEMA, the Federal Energy Regulatory Commission, the Nuclear
Regulatory Commission, the Tennessee Valley Authority, and the
United States Section of the International Boundary Commission; and
``(2) chaired by the Director.
``(b) Duties.--ICODS shall encourage the establishment and
maintenance of effective Federal and State programs, policies, and
guidelines intended to enhance dam safety for the protection of human
life and property through--
``(1) coordination and information exchange among Federal
agencies and State dam safety agencies; and
``(2) coordination and information exchange among Federal
agencies concerning implementation of the Federal Guidelines for
Dam Safety.
``SEC. 8. NATIONAL DAM SAFETY PROGRAM.
``(a) In General.--The Director, in consultation with ICODS and
State dam safety agencies, and the Board shall establish and maintain,
in accordance with this section, a coordinated national dam safety
program. The Program shall--
``(1) be administered by FEMA to achieve the objectives set
forth in subsection (c);
``(2) involve, to the extent appropriate, each Federal agency;
and
``(3) include--
``(A) each of the components described in subsection (d);
``(B) the implementation plan described in subsection (e);
and
``(C) assistance for State dam safety programs described in
subsection (f).
``(b) Duties.--The Director shall--
``(1) not later than 270 days after the date of the enactment
of this paragraph, develop the implementation plan described in
subsection (e);
``(2) not later than 300 days after the date of the enactment
of this paragraph, submit to the appropriate authorizing committees
of Congress the implementation plan described in subsection (e);
and
``(3) by regulation, not later than 360 days after the date of
the enactment of this paragraph--
``(A) develop and implement the Program;
``(B) establish goals, priorities, and target dates for
implementation of the Program; and
``(C) to the extent feasible, provide a method for
cooperation and coordination with, and assistance to,
interested governmental entities in all States.
``(c) Objectives.--The objectives of the Program are to--
``(1) 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;
``(2) encourage acceptable engineering policies and procedures
to be used for dam site investigation, design, construction,
operation and maintenance, and emergency preparedness;
``(3) encourage the establishment and implementation of
effective dam safety programs in each State based on State
standards;
``(4) develop and encourage public awareness projects to
increase public acceptance and support of State dam safety
programs;
``(5) develop technical assistance materials for Federal and
non-Federal dam safety programs; and
``(6) develop mechanisms with which to provide Federal
technical assistance for dam safety to the non-Federal sector.
``(d) Components.--
``(1) In general.--The Program shall consist of--
``(A) a Federal element and a non-Federal element; and
``(B) leadership activity, technical assistance activity,
and public awareness activity.
``(2) Elements.--
``(A) Federal.--The Federal element shall incorporate the
activities and practices carried out by Federal agencies under
section 7 to implement the Federal Guidelines for Dam Safety.
``(B) Non-federal.--The non-Federal element shall consist
of--
``(i) the activities and practices carried out by
States, local governments, and the private sector to safely
build, regulate, operate, and maintain dams; and
``(ii) Federal activities that foster State efforts to
develop and implement effective programs for the safety of
dams.
``(3) Functional activities.--
``(A) Leadership.--The leadership activity shall be the
responsibility of FEMA and shall be exercised by chairing ICODS
to coordinate Federal efforts in cooperation with State dam
safety officials.
``(B) Technical assistance.--The technical assistance
activity shall consist of the transfer of knowledge and
technical information among the Federal and non-Federal
elements described in paragraph (2).
``(C) Public awareness.--The public awareness activity
shall provide for the education of the public, including State
and local officials, in the hazards of dam failure, methods of
reducing the adverse consequences of dam failure, and related
matters.
``(e) Implementation Plan.--The Director shall--
``(1) develop an implementation plan for the Program that shall
set, through fiscal year 2002, year-by-year targets that
demonstrate improvements in dam safety; and
``(2) recommend appropriate roles for Federal agencies and for
State and local units of government, individuals, and private
organizations in carrying out the implementation plan.
``(f) Assistance for State Dam Safety Programs.--
``(1) In general.--To encourage the establishment and
maintenance of effective State programs intended to ensure dam
safety, to protect human life and property, and to improve State
dam safety programs, the Director shall provide assistance with
amounts made available under section 12 to assist States in
establishing and maintaining dam safety programs--
``(A) in accordance with the criteria specified in
paragraph (2); and
``(B) in accordance with more advanced requirements and
standards established by the Board and the Director with the
assistance of established criteria such as the Model State Dam
Safety Program published by FEMA, numbered 123 and dated April
1987, and amendments to the Model State Dam Safety Program.
``(2) Criteria and budgeting requirement.--For a State to be
eligible for primary assistance under this subsection, a State dam
safety program must be working toward meeting the following
criteria and budgeting requirement, and for a State to be eligible
for advanced assistance under this subsection, a State dam safety
program must meet the following criteria and budgeting requirement
and be working toward meeting the advanced requirements and
standards established under paragraph (1)(B):
``(A) Criteria.--For a State to be eligible for assistance
under this subsection, a State dam safety program must be
authorized by State legislation to include substantially, at a
minimum--
``(i) the authority to review and approve plans and
specifications to construct, enlarge, modify, remove, and
abandon dams;
``(ii) the authority to perform periodic inspections
during dam construction to ensure compliance with approved
plans and specifications;
``(iii) a requirement that, on completion of dam
construction, State approval must be given before operation
of the dam;
``(iv)(I) the authority to require or perform the
inspection, at least once every 5 years, of all dams and
reservoirs that would pose a significant threat to human
life and property in case of failure to determine the
continued safety of the dams and reservoirs; and
``(II) a procedure for more detailed and frequent
safety inspections;
``(v) a requirement that all inspections be performed
under the supervision of a State-registered professional
engineer with related experience in dam design and
construction;
``(vi) the authority to issue notices, 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
necessary;
``(vii) regulations for carrying out the legislation of
the State described in this subparagraph;
``(viii) provision for necessary funds--
``(I) to ensure timely repairs or other changes to,
or removal of, a dam in order to protect human life and
property; and
``(II) if the owner of the dam does not take action
described in subclause (I), to take appropriate action
as expeditiously as practicable;
``(ix) a system of emergency procedures to be used if a
dam fails or if the failure of a dam is imminent; and
``(x) an identification of--
``(I) each dam the failure of which could be
reasonably expected to endanger human life;
``(II) the maximum area that could be flooded if
the dam failed; and
``(III) necessary public facilities that would be
affected by the flooding.
``(B) Budgeting requirement.--For a State to be eligible
for assistance under this subsection, State appropriations must
be budgeted to carry out the legislation of the State under
subparagraph (A).
``(3) Work plans.--The Director shall enter into a contract
with each State receiving assistance under paragraph (2) to develop
a work plan necessary for the State dam safety program to reach a
level of program performance specified in the contract.
``(4) Maintenance of effort.--Assistance may not be provided to
a State under this subsection for a fiscal year unless the State
enters into such agreement with the Director as the Director
requires to ensure that the State will maintain the aggregate
expenditures of the State from all other sources for programs to
ensure dam safety for the protection of human life and property at
or above a level equal to the average annual level of such
expenditures for the 2 fiscal years preceding the fiscal year.
``(5) Approval of programs.--
``(A) Submission.--For a State to be eligible for
assistance under this subsection, a plan for a State dam safety
program shall be submitted to the Director for approval.
``(B) Approval.--A State dam safety program shall be deemed
to be approved 120 days after the date of receipt by the
Director unless the Director determines within the 120-day
period that the State dam safety program fails to meet the
requirements of paragraphs (1) through (3).
``(C) Notification of disapproval.--If the Director
determines that a State dam safety program does not meet the
requirements for approval, the Director shall immediately
notify the State in writing and provide the reasons for the
determination and the changes that are necessary for the plan
to be approved.
``(6) Review of state dam safety programs.--Using the expertise
of the Board, the Director shall periodically review State dam
safety programs. If the Board finds that a State dam safety program
has proven inadequate to reasonably protect human life and property
and the Director concurs, the Director shall revoke approval of the
State dam safety program, and withhold assistance under this
subsection, until the State dam safety program again meets the
requirements for approval.
``(g) Dam Safety Training.--At the request of any State that has or
intends to develop a State dam safety program, the Director shall
provide training for State dam safety staff and inspectors.
``(h) Board.--
``(1) Establishment.--The Director may establish an advisory
board to be known as the `National Dam Safety Review Board' to
monitor State implementation of this section.
``(2) Authority.--The Board may use the expertise of Federal
agencies and enter into contracts for necessary studies to carry
out this section.
``(3) Membership.--The Board shall consist of 11 members
selected by the Director for expertise in dam safety, of whom--
``(A) 1 member shall represent the Department of
Agriculture;
``(B) 1 member shall represent the Department of Defense;
``(C) 1 member shall represent the Department of the
Interior;
``(D) 1 member shall represent FEMA;
``(E) 1 member shall represent the Federal Energy
Regulatory Commission;
``(F) 5 members shall be selected by the Director from
among dam safety officials of States; and
``(G) 1 member shall be selected by the Director to
represent the United States Committee on Large Dams.
``(4) Compensation of members.--
``(A) Federal employees.--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.
``(B) Other members.--Each member of the Board who is not
an officer or employee of the United States shall serve without
compensation.
``(5) 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 the
home or regular place of business of the member in the performance
of services for the Board.
``(6) Applicability of federal advisory committee act.--The
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to
the Board.
``SEC. 9. RESEARCH.
``(a) In General.--The Director, in cooperation with ICODS, shall
carry out a program of technical and archival research to develop--
``(1) improved techniques, historical experience, and equipment
for rapid and effective dam construction, rehabilitation, and
inspection; and
``(2) devices for the continued monitoring of the safety of
dams.
``(b) Consultation.--The Director shall provide for State
participation in research under subsection (a) and periodically advise
all States and Congress of the results of the research.
``SEC. 10. REPORTS.
``(a) Report on Dam Insurance.--Not later than 180 days after the
date of the enactment of this subsection, the Director shall report to
Congress on the availability of dam insurance and make recommendations
concerning encouraging greater availability.
``(b) Biennial Reports.--Not later than 90 days after the end of
each odd-numbered fiscal year, the Director shall submit a report to
Congress that--
``(1) describes the status of the Program;
``(2) describes the progress achieved by Federal agencies
during the 2 preceding fiscal years in implementing the Federal
Guidelines for Dam Safety;
``(3) describes the progress achieved in dam safety by States
participating in the Program; and
``(4) includes any recommendations for legislative and other
action that the Director considers necessary.
``SEC. 11. STATUTORY CONSTRUCTION.
``Nothing in this Act and no action or failure to act under this
Act shall--
``(1) create any liability in the United States or its officers
or employees for the recovery of damages caused by such action or
failure to act;
``(2) relieve an owner or operator of a dam of the legal
duties, obligations, or liabilities incident to the ownership or
operation of the dam; or
``(3) preempt any other Federal or State law.
``SEC. 12. AUTHORIZATION OF APPROPRIATIONS.
``(a) National Dam Safety Program.--
``(1) Annual amounts.--There are authorized to be appropriated
to FEMA to carry out sections 7, 8, and 10 (in addition to any
amounts made available for similar purposes included in any other
Act and amounts made available under subsections (b) through (e)),
$1,000,000 for fiscal year 1998, $2,000,000 for fiscal year 1999,
$4,000,000 for fiscal year 2000, $4,000,000 for fiscal year 2001,
and $4,000,000 for fiscal year 2002.
``(2) Allocation.--
``(A) In general.--Subject to subparagraphs (B) and (C),
for each fiscal year, amounts made available under this
subsection to carry out section 8 shall be allocated among the
States as follows:
``(i) One-third among States that qualify for
assistance under section 8(f).
``(ii) Two-thirds among States that qualify for
assistance under section 8(f), to each such State in
proportion to--
``(I) the number of dams in the State that are
listed as State-regulated dams on the inventory of dams
maintained under section 6; as compared to
``(II) the number of dams in all States that are
listed as State-regulated dams on the inventory of dams
maintained under section 6.
``(B) Maximum amount of allocation.--The amount of funds
allocated to a State under this paragraph may not exceed 50
percent of the reasonable cost of implementing the State dam
safety program.
``(C) Determination.--The Director and the Board shall
determine the amount allocated to States needing primary
assistance and States needing advanced assistance under section
8(f).
``(b) National Dam Inventory.--There is authorized to be
appropriated to carry out section 6 $500,000 for each fiscal year.
``(c) Dam Safety Training.--There is authorized to be appropriated
to carry out section 8(g) $500,000 for each of fiscal years 1998
through 2002.
``(d) Research.--There is authorized to be appropriated to carry
out section 9 $1,000,000 for each of fiscal years 1998 through 2002.
``(e) Staff.--There is authorized to be appropriated to FEMA for
the employment of such additional staff personnel as are necessary to
carry out sections 6 through 9 $400,000 for each of fiscal years 1998
through 2002.
``(f) Limitation on Use of Amounts.--Amounts made available under
this Act may not be used to construct or repair any Federal or non-
Federal dam.''.
(d) Conforming Amendment.--Section 3(2) of the Indian Dams Safety
Act of 1994 (25 U.S.C. 3802(2); 108 Stat. 1560) is amended by striking
``the first section of Public Law 92-367 (33 U.S.C. 467)'' and
inserting ``section 2 of the National Dam Safety Program Act''.
SEC. 216. HYDROELECTRIC POWER PROJECT UPRATING.
(a) In General.--In carrying out the maintenance, rehabilitation,
and modernization of a hydroelectric power generating facility at a
water resources project under the jurisdiction of the Department of the
Army, the Secretary may take, to the extent funds are made available in
appropriations Acts, such actions as are necessary to increase the
efficiency of energy production or the capacity of the facility, or
both, if, after consulting with the heads of other appropriate Federal
and State agencies, the Secretary determines that the increase--
(1) is economically justified and financially feasible;
(2) will not result in any significant adverse effect on the
other purposes for which the project is authorized;
(3) will not result in significant adverse environmental
impacts;
(4) will not involve major structural or operational changes in
the project; and
(5) will not adversely affect the use, management, or
protection of existing Federal, State, or tribal water rights.
(b) Consultation.--Before proceeding with the proposed uprating
under subsection (a), the Secretary shall provide affected State,
tribal, and Federal agencies with a copy of the proposed determinations
under subsection (a). If the agencies submit comments, the Secretary
shall accept those comments or respond in writing to any objections
those agencies raise to the proposed determinations.
(c) Effect on Other Authority.--This section shall not affect the
authority of the Secretary and the Administrator of the Bonneville
Power Administration under section 2406 of the Energy Policy Act of
1992 (16 U.S.C. 839d-1; 106 Stat. 3099).
SEC. 217. DREDGED MATERIAL DISPOSAL FACILITY PARTNERSHIPS.
(a) Additional Capacity.--
(1) Provided by secretary.--At the request of a non-Federal
interest with respect to a project, the Secretary may provide
additional capacity at a dredged material disposal facility
constructed by the Secretary beyond the capacity that would be
required for project purposes if the non-Federal interest 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 interest may
recover the costs assigned to the additional capacity through fees
assessed on third parties whose dredged material is deposited at
the facility and who enter into agreements with the non-Federal
interest for the use of the facility. The amount of such fees may
be determined by the non-Federal interest.
(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 (33 U.S.C. 1341(c)) 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 the fees 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 facilities in connection with
construction or maintenance of Federal navigation projects. If a
non-Federal interest is a sponsor of the project, the Secretary
shall consult with the non-Federal interest in carrying out the
program with respect to the project.
(2) Private financing.--
(A) Agreements.--In carrying out this subsection, the
Secretary may enter into an agreement with a non-Federal
interest with respect to a project, 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 non-Federal
interest with respect to the project and the private entity.
(D) Federal share.--The Federal share of such fees shall be
equal to the percentage of the total cost that 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. 218. OBSTRUCTION REMOVAL REQUIREMENT.
(a) Penalty.--Section 16 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. 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 such Act (33 U.S.C. 415) is
amended--
(1) in subsection (a) by striking ``expense'' the 1st place it
appears 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:
``(b) Removal Requirement.--Not later than 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 on an expedited
basis, the Secretary of the Army shall remove or destroy the vessel
using the summary removal procedures under subsection (a).''.
SEC. 219. SMALL PROJECT AUTHORIZATIONS.
Section 14 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 July 24, 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 ``$1,000,000''.
SEC. 220. UNECONOMICAL COST-SHARING REQUIREMENTS.
Section 221(a) of the Flood Control Act of 1970 (42 U.S.C. 1962d-
5b(a)) is amended by striking the period at the end of the 1st 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. 221. 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. 222. 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. 223. STATE AND FEDERAL AGENCY REVIEW PERIOD.
Paragraph (a) of 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. 224. SECTION 215 REIMBURSEMENT LIMITATION PER PROJECT.
(a) In General.--The last sentence of 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.
(b) Modification of Reimbursement Limitation for San Antonio River
Authority.--Notwithstanding the last sentence of section 215(a) of the
Flood Control Act of 1968 (42 U.S.C. 1962d-5a(a)) and the agreement
executed on November 7, 1992, by the Secretary and the San Antonio
River Authority, Texas, the Secretary shall reimburse the Authority an
amount not to exceed a total of $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. 225. MELALEUCA.
Section 104(a) of the River and Harbor Act of 1958 (33 U.S.C.
610(a)) is amended by inserting ``melaleuca,'' after ``milfoil,''.
SEC. 226. 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 1st 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.''.
(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 purpose of the project set forth in subsection (a)(3).''.
SEC. 227. SHORE PROTECTION.
(a) Declaration of Policy.--Subsection (a) of the 1st 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), 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 such subsection 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) 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
Committee on Environment and Public Works of the Senate and
the Committee on Transportation and Infrastructure of the
House of Representatives.
``(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 the shore protection 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).''.
(c) 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), 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 designated by subparagraph (A) of
this paragraph)--
(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)''.
(d) 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 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.''.
(e) National Shoreline Erosion Control Development and
Demonstration Program and Definitions.--
(1) In general.--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 et
seq.), is amended by striking section 5 (as redesignated by
subsection (d)(1) of this section) and inserting the following:
``SEC. 5. NATIONAL SHORELINE EROSION CONTROL DEVELOPMENT AND
DEMONSTRATION PROGRAM.
``(a) Establishment of Erosion Control Program.--The Secretary
shall establish and conduct a national shoreline erosion control
development and demonstration program for a period of 6 years beginning
on the date that funds are made available to carry out this section.
``(b) Requirements.--
``(1) In general.--The erosion control program shall include
provisions for--
``(A) projects consisting of planning, designing, and
constructing prototype engineered and vegetative shoreline
erosion control devices and methods during the first 3 years of
the erosion control program;
``(B) adequate monitoring of the prototypes throughout the
duration of the erosion control program;
``(C) detailed engineering and environmental reports on the
results of each demonstration project carried out under the
erosion control program; and
``(D) technology transfers to private property owners and
State and local entities.
``(2) Emphasis.--The projects carried out under the erosion
control program shall emphasize, to the extent practicable--
``(A) the development and demonstration of innovative
technologies;
``(B) efficient designs to prevent erosion at a shoreline
site, taking into account the life-cycle cost of the design,
including cleanup, maintenance, and amortization;
``(C) natural designs, including the use of vegetation or
temporary structures that minimize permanent structural
alterations;
``(D) the avoidance of negative impacts to adjacent
shorefront communities;
``(E) in areas with substantial residential or commercial
interests adjacent to the shoreline, designs that do not impair
the aesthetic appeal of the interests;
``(F) the potential for long-term protection afforded by
the technology; and
``(G) recommendations developed from evaluations of the
original 1974 program established under the Shoreline Erosion
Control Demonstration Act of 1974 (42 U.S.C. 1962d-5 note; 88
Stat. 26), including--
``(i) adequate consideration of the subgrade;
``(ii) proper filtration;
``(iii) durable components;
``(iv) adequate connection between units; and
``(v) consideration of additional relevant information.
``(3) Sites.--
``(A) In general.--Each project under the erosion control
program shall be carried out at a privately owned site with
substantial public access, or a publicly owned site, on open
coast or on tidal waters.
``(B) Selection.--The Secretary shall develop criteria for
the selection of sites for the projects, including--
``(i) a variety of geographical and climatic
conditions;
``(ii) the size of the population that is dependent on
the beaches for recreation, protection of homes, or
commercial interests;
``(iii) the rate of erosion;
``(iv) significant natural resources or habitats and
environmentally sensitive areas; and
``(v) significant threatened historic structures or
landmarks.
``(C) Areas.--Projects under the erosion control program
shall be carried out at not fewer than--
``(i) 2 sites on each of the shorelines of the Atlantic
and Pacific coasts;
``(ii) 2 sites on the shoreline of the Great Lakes; and
``(iii) 1 site on the shoreline of the Gulf of Mexico.
``(4) Determination of feasibility.--Implementation of a
project under this section is contingent upon a determination by
the Secretary that such project is feasible.
``(c) Consultation.--
``(1) Parties.--The Secretary shall carry out the erosion
control program in consultation with--
``(A) the Secretary of Agriculture, particularly with
respect to vegetative means of preventing and controlling
shoreline erosion;
``(B) Federal, State, and local agencies;
``(C) private organizations;
``(D) the Coastal Engineering Research Center established
under the 1st section of the Act entitled `An Act to make
certain changes in the functions of the Beach Erosion Board and
the Board of Engineers for Rivers and Harbors, and for other
purposes', approved November 7, 1963 (33 U.S.C. 426-1); and
``(E) university research facilities.
``(2) Agreements.--The consultation described in paragraph (1)
may include entering into agreements with other Federal, State, or
local agencies or private organizations to carry out functions
described in subsection (b)(1) when appropriate.
``(d) Report.--Not later than 60 days after the conclusion of the
erosion control program, the Secretary shall prepare and submit an
erosion control program final report to the Committee on Environment
and Public Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives. The report shall
include a comprehensive evaluation of the erosion control program and
recommendations regarding the continuation of the erosion control
program.
``(e) Funding.--
``(1) Responsibility.--The cost of and responsibility for
operation and maintenance (excluding monitoring) of a demonstration
project under the erosion control program shall be borne by non-
Federal interests on completion of construction of the
demonstration project.
``(2) Authorization of appropriations.--There is authorized to
be appropriated $21,000,000 to carry out this section.
``SEC. 6. DEFINITIONS.
``In this Act, the following definitions apply:
``(1) Erosion control program.--The term `erosion control
program' means the national shoreline erosion control development
and demonstration program established under this section.
``(2) Secretary.--The term `Secretary' means the Secretary of
the Army.
``(3) 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)).
``(4) 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.
``(5) 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 1st section (33 U.S.C.
426e(b)(3))--
(i) by striking ``of the Army, acting through the Chief
of Engineers,''; and
(ii) by striking the final period;
(B) in subsection (e) of the 1st section by striking
``section 3'' and inserting ``section 3 or 5''; and
(C) in section 3 (33 U.S.C. 426g) by striking ``Secretary
of the Army'' and inserting ``Secretary''.
(f) 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. 228. CONDITIONS FOR PROJECT DEAUTHORIZATIONS.
(a) In General.--Section 1001(b)(2) of the Water Resources
Development Act of 1986 (33 U.S.C. 579a(b)(2); 100 Stat. 4201) is
amended--
(1) in the 1st sentence by striking ``10'' and inserting ``7'';
(2) in the 2d sentence by striking ``Before'' and inserting
``Upon''; and
(3) in the last sentence by inserting ``the planning, design,
or'' before ``construction''.
(b) Conforming Amendments.--Section 52 of the Water Resources
Development Act of 1988 (102 Stat. 4044) is amended--
(1) by striking subsection (a) (33 U.S.C. 579a note);
(2) by redesignating subsections (b) through (e) as subsections
(a) through (d), respectively; and
(3) in subsection (d) (as so redesignated) by striking ``or
subsection (a) of this section''.
SEC. 229. 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) Commercial Application.--With respect to contracts for research
and development, the Secretary may include requirements that have
potential commercial application and may use such potential application
as an evaluation factor where appropriate.
SEC. 230. 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. 231. LOSS OF LIFE PREVENTION.
Section 904 of the Water Resources Development Act of 1986 (33
U.S.C. 2281; 100 Stat. 4185) is amended by inserting ``and information
regarding potential loss of human life that may be associated with
flooding and coastal storm events,'' after ``unquantifiable,''.
SEC. 232. 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. 233. TERMINATION OF 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) in subsection (b)--
(A) by striking ``(b) Public Participation.--''; and
(B) by striking ``subsection'' each place it appears and
inserting ``section''.
SEC. 234. INTERAGENCY AND INTERNATIONAL SUPPORT AUTHORITY.
(a) In General.--The Secretary may engage in activities in support
of other Federal agencies or international organizations to address
problems of national significance to the United States.
(b) Consultation.--The Secretary may engage in activities in
support of international organizations only after consulting with the
Secretary of State.
(c) Use of Corps' Expertise.--The Secretary may use the technical
and managerial expertise of the Corps of Engineers to address domestic
and international problems related to water resources, infrastructure
development, and environmental protection.
(d) Funding.--There is authorized to be appropriated $1,000,000 to
carry out this section. The Secretary may accept and expend additional
funds from other Federal agencies or international organizations to
carry this section.
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. TECHNICAL CORRECTIONS.
(a) Contributions for Environmental and Recreation Projects.--
Section 203(b) of the Water Resources Development Act of 1992 (33
U.S.C. 2325(b); 106 Stat. 4826) is amended by striking ``(8662)'' and
inserting ``(8862)''.
(b) Challenge Cost-Sharing Program.--The 2d sentence of section
225(c) of such Act (33 U.S.C. 2328(c); 106 Stat. 4838) is amended by
striking ``(8662)'' and inserting ``(8862)''.
SEC. 237. 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 this subsection, the Secretary shall place the Federal
hopper dredge Wheeler in a ready reserve status not later than the
earlier of 90 days after the date of completion of the
rehabilitation of the hopper dredge McFarland pursuant to section
563 of the Water Resources Development Act of 1996 or October 1,
1997.
``(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 paragraph (2)
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 if 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 in 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 under
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 that 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 active status
than was assigned to that vessel in the average of the 3 prior
fiscal years.
``(C) Remaining dredges.--In carrying out the program under
this section, the Secretary shall not reduce the availability
and utilization of Federal hopper dredge vessels stationed on
the Pacific and Atlantic coasts below that which occurred in
fiscal year 1996 to meet the navigation dredging needs of the
ports on those coasts.
``(8) Contracts; payment of capital costs.--The Secretary may
enter into a contract for the maintenance and crewing of any
Federal hopper dredge retained in a ready reserve status. The
capital costs (including depreciation costs) of any dredge 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 dredge is specifically used in connection
with that project.''.
TITLE III--PROJECT-RELATED PROVISIONS
SEC. 301. PROJECT MODIFICATIONS.
(a) Projects With Reports.--
(1) San francisco river at clifton, arizona.--The project for
flood control, San Francisco River at 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 substantially in accordance with the report
of the Corps of Engineers dated May 28, 1996, 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.
(2) 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 to direct
the Secretary--
(A) to combine the 2 projects into 1 project, to be
designated as the Oakland Harbor, California, project; and
(B) to carry out the combined project substantially in
accordance with the plans and subject to the conditions
recommended in the report of the Corps of Engineers dated July
15, 1994, 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.
(3) 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 substantially in accordance with the report of the Corps of
Engineers dated May 23, 1996, at a total cost of $81,600,000, with
an estimated Federal cost of $61,100,000 and an estimated non-
Federal cost of $20,500,000.
(4) Potomac river, washington, district of columbia.--The
project for flood control, Potomac River, Washington, District of
Columbia, authorized by 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 June
22, 1936 (49 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.
(5) North branch of chicago river, illinois.--The project for
flood control, 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--
(A) to carry out the project substantially in accordance
with the report of the Corps of Engineers dated May 26, 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; and
(B) to reimburse the city of Deerfield, Illinois, an amount
not to exceed $38,500 for a flood control study financed by the
city if the Secretary determines that the study is necessary to
address residual damages in areas upstream of Reservoir 29A.
(6) 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 substantially 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.
(7) 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 substantially in accordance with the report
of the Corps of Engineers dated July 18, 1994, 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.
(8) 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 substantially 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.
(9) Ramapo river at oakland, new jersey.--The project for flood
control, Ramapo River at Oakland, New Jersey, 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 substantially 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.
(10) 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.
(11) 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 substantially 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.
(12) 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 described in
the General Reevaluation Report and Environmental Assessment dated
March 1994, at a total cost of $45,085,000, with an estimated
Federal cost of $28,244,000 and an estimated non-Federal cost of
$16,841,000.
(13) India point railroad bridge, seekonk river, providence,
rhode island.--The project for navigation, India Point Railroad
Bridge, Seekonk River, Providence, Rhode Island, authorized by
section 1166(c) of the Water Resources Development Act of 1986 (100
Stat. 4258), is modified to authorize the Secretary to construct
the project substantially in accordance with the Post Authorization
Change Report dated August 1994 at a total cost of $1,300,000, with
an estimated Federal cost of $650,000 and an estimated non-Federal
cost of $650,000.
(14) 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 carry out the project
substantially in accordance with the General Design Memorandum for
the project dated March 1994, and the Post Authorization Change
Report for the project dated April 1994, 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.
(b) Projects Subject to Reports.--The following projects are
modified as follows, except that no funds may be obligated to carry out
work under such modifications until completion of a report by the Corps
of Engineers finding that such work is technically sound,
environmentally acceptable, and economic, as applicable:
(1) Alamo dam, arizona.--The project for flood control and
other purposes, Alamo Dam and Lake, Arizona, authorized by section
10 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 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.
(2) Phoenix, arizona.--The project for flood control and water
quality improvement, Phoenix, Arizona, authorized by section 321 of
the Water Resources Development Act of 1992 (106 Stat. 4848), is
modified--
(A) to make ecosystem restoration a project purpose; and
(B) to authorize the Secretary to construct the project at
a total cost of $17,500,000.
(3) 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 of the Sacramento River, California, and for
other purposes'', approved March 1, 1917 (39 Stat. 949), and
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.
(4) 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; 79 Stat. 1073-
1074), is modified to include as an integral part of the project
the portion of Tybee Island located south of the existing south
terminal groin between 18th and 19th Streets, including the east
bank of Tybee Creek up to Horse Pen Creek.
(5) 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 Resources 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.
(6) 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.
(7) 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 Development Act
of 1986 (100 Stat. 4142) and modified by section 102(p) of the
Water Resources Development Act of 1990 (104 Stat. 4613), is
further modified--
(A) to authorize the Secretary to carry out the project at
a total cost of $10,500,000; and
(B) 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.
(8) Red river waterway, mississippi river to shreveport,
louisiana.--The project for navigation, Red River Waterway,
Mississippi River to Shreveport, Louisiana, authorized by section
101 of the River and Harbor Act of 1968 (82 Stat. 731), is modified
to require the Secretary to dredge and perform other related work
as required to reestablish and maintain access to, and the
environmental value of, the bendway channels designated for
preservation in project documentation prepared before the date of
the enactment of this Act. The work shall be carried out in
accordance with the local cooperation requirements for other
navigation features of the project.
(9) Stillwater, minnesota.--The project for flood control,
Stillwater, Minnesota, authorized by section 363 of the Water
Resources Development Act of 1992 (106 Stat. 4861-4862), is
modified--
(A) to authorize the Secretary to expand the flood wall
system if the Secretary determines that the expansion is
feasible; and
(B) to authorize the Secretary to construct the project at
a total cost of $11,600,000, with an estimated Federal cost of
$8,700,000 and an estimated non-Federal cost of $2,900,000.
(10) Joseph g. minish passaic river park, new jersey.--The
streambank restoration element of the project for flood control,
Passaic River Main Stem, New Jersey and New York, authorized by
section 101(a)(18)(B) of the Water Resources Development Act of
1990 (104 Stat. 4608) and known as the ``Joseph G. Minish Passaic
River Waterfront Park and Historic Area, New Jersey'', is
modified--
(A) to authorize the Secretary to construct such element at
a total cost of $75,000,000;
(B) to provide that construction of such element may be
undertaken before implementation of the remainder of the
Passaic River Main Stem project; and
(C) to provide that such element shall be treated, for the
purpose of economic analysis, as an integral part of the
Passaic River Main Stem project and shall be completed in the
initial phase of the Passaic River Main Stem project.
(11) 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, at a total cost of
$83,000,000.
(12) Kill van kull, new york and new jersey.--
(A) Cost increase.--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.
(B) Continuation of engineering and design.--The Secretary
shall continue engineering and design in order to complete the
navigation project at Kill Van Kull and Newark Bay Channels,
New York and New Jersey, authorized by chapter IV of title I of
the Supplemental Appropriations Act, 1985 (99 Stat. 313) and
section 202(a) of the Water Resources Development Act of 1986
(100 Stat. 4095).
SEC. 302. 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 1st 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. 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 subsections (k) and (m) of section 103 of
the Water Resources Development Act of 1986 (33 U.S.C. 2213) 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. WHITE RIVER BASIN, ARKANSAS AND MISSOURI.
The project for flood control and power generation at White River
Basin, Arkansas and Missouri, authorized by section 4 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 June 28, 1938 (52 Stat. 1218), shall include recreation and
fish and wildlife mitigation as purposes of the project, to the extent
that the additional purposes do not adversely affect flood control,
power generation, or other authorized purposes of the project.
SEC. 305. CHANNEL ISLANDS HARBOR, CALIFORNIA.
The project for navigation and shore protection, 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 authorize
biennial dredging and sand bypassing at an annual downcoast
replenishment rate to establish and maintain a littoral sediment
balance which is estimated at 1,254,000 cubic yards per year. The cost
of such dredging and sand bypassing shall be 100 percent Federal as
long as Federal ownership of the entrance channel and jetties of the
Port of Hueneme necessitates restoration and maintenance of the
downcoast shoreline.
SEC. 306. LAKE ELSINORE, CALIFORNIA.
(a) Maximum Federal Expenditure.--The maximum amount of Federal
funds that may be expended for the project for flood control, Lake
Elsinore, Riverside County, California, shall be $7,500,000.
(b) Revision of Project Cooperation Agreement.--The Secretary shall
revise the project cooperation agreement for the project referred to in
subsection (a) to take into account the change in the Federal
participation in such project pursuant to subsection (a).
(c) Cost Sharing.--Nothing in this section shall be construed to
affect any cost-sharing requirement applicable to the project referred
to in subsection (a) under the Water Resources Development Act of 1986.
(d) Study.--Not later than 18 months after the date of the
enactment of this Act, the Secretary shall--
(1) conduct a study of the advisability of modifying, for the
purpose of flood control pursuant to section 205 of the Flood
Control Act of 1948 (33 U.S.C. 701s), the project for flood
control, Lake Elsinore, Riverside County, California, to permit
water conservation storage up to an elevation of 1,249 feet above
mean sea level; and
(2) report to Congress on the study, including making
recommendations concerning the advisability of so modifying the
project.
SEC. 307. LOS ANGELES AND LONG BEACH HARBORS, SAN PEDRO BAY,
CALIFORNIA.
The project for navigation, Los Angeles and Long Beach Harbors, San
Pedro Bay, California, authorized by section 201(a) of the Water
Resources Development Act of 1986 (100 Stat. 4091), is modified to
provide that, for the purpose of section 101(a)(2) of such Act (33
U.S.C. 2211(a)(2)), the sewer outfall relocated over a distance of
4,458 feet by the Port of Los Angeles at a cost of approximately
$12,000,000 shall be considered to be a relocation. The cost of such
relocation shall be credited as a payment provided by the non-Federal
interest.
SEC. 308. 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,
authorized by section 101(b) of the Water Resources Development Act of
1990 (104 Stat. 4611), shall be 100 percent of separable first costs
and separable operation, maintenance, and replacement costs associated
with the water conservation purpose.
SEC. 309. PRADO DAM, CALIFORNIA.
(a) Review.--
(1) Separable element determination.--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 defined in section 103(f) of such Act (33 U.S.C.
2213(f))).
(2) Modification of cost-sharing requirement.--If the Prado Dam
feature is determined to be a separable element under this
subsection, the Secretary shall reduce the non-Federal cost-sharing
requirement for such feature in accordance with section 103(a)(3)
of such Act 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) Safety Improvements.--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 referred to in subsection (a)(1).
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: ``In
addition, the Secretary shall perform advance maintenance dredging in
the Queensway Bay Channel, California, at a total cost of $5,000,000.
The Secretary shall coordinate with Federal and State agencies the
establishment of suitable dredged material disposal areas.''.
SEC. 311. SEVEN OAKS DAM, CALIFORNIA.
The non-Federal share for a project to add water conservation to
the Seven Oaks Dam, 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), shall be 100
percent of separable first costs and separable operation, maintenance,
and replacement costs associated with the water conservation purpose.
SEC. 312. THAMES RIVER, CONNECTICUT.
(a) Modification.--The project for navigation, Thames River,
Connecticut, authorized by the 1st section 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
August 30, 1935 (49 Stat. 1029), is modified to reconfigure the turning
basin in accordance with the following alignment: Beginning 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, 1 minute, 32.2 seconds east 306.76 feet to a point,
N251070.00, E783390.00, thence running south 45 degrees, 0 minutes, 0
seconds, east 155.56 feet to a point, N250960.00, E783500.00 on the
existing western limit.
(b) Payment for Initial Dredging.--Any required initial dredging of
the widened portions identified in subsection (a) shall be carried out
at no cost to the Federal Government.
(c) Deauthorization.--The portions of the turning basin that are
not included in the reconfigured turning basin described in subsection
(a) are not authorized after the date of the enactment of this Act.
SEC. 313. 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 (33 U.S.C. 2211).
SEC. 314. 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 (42 U.S.C. 1962d-5; 79 Stat. 1073), is modified to direct the
Secretary to reimburse the non-Federal interest for beach nourishment
work carried out 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-5a) with respect to such
project if the Secretary determines that such work is compatible with
the project.
SEC. 315. 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
section 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. 316. CENTRAL AND SOUTHERN FLORIDA, CANAL 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) Secretary of interior responsibility.--The Secretary 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 Secretary 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 section shall be 100 percent; except that the
Federal Government shall reimburse the non-Federal interest with
respect to the project 60 percent of the costs of operating and
maintaining pump stations that pump water into Taylor Slough in the
Everglades National Park.
SEC. 317. 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 mitigation consisting of
measures for flow and circulation improvement within Mill Cove, at an
estimated total Federal cost of $2,000,000.
SEC. 318. 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 (33 U.S.C. 426i-1).
(b) Reports.--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 and a report
on implementation of section 206 of the Water Resources Development Act
of 1992.
SEC. 319. 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 to 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 be constructed only on the basis of a specific plan that has been
evaluated by the Secretary under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.).
SEC. 320. 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 may carry out such repairs and installations as
are necessary following completion of the study.
SEC. 321. 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. 322. 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. 323. WHITE RIVER, INDIANA.
The project for flood control, Indianapolis on West Fork of the
White River, Indiana, authorized by section 5 of the Act entitled ``An
Act authorizing the construction of certain public works on rivers and
harbors for flood control, and other purposes'', approved 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 Federal cost of $39,975,000 and an
estimated 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. 324. BAPTISTE COLLETTE BAYOU, 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 (mean low gulf) 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,
including $4,000 for surveys and $76,000 for Coast Guard aids to
navigation.
SEC. 325. 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. 326. MISSISSIPPI RIVER-GULF OUTLET, LOUISIANA.
Section 844 of the Water Resources Development Act of 1986 (100
Stat. 4177) is amended by adding at the end the following:
``(c) Community Impact Mitigation Plan.--Using funds made available
under subsection (a), the Secretary shall implement a comprehensive
community impact mitigation plan, as described in the evaluation report
of the New Orleans District Engineer dated August 1995, that, to the
maximum extent practicable, provides for mitigation or compensation, or
both, for the direct and indirect social and cultural impacts that the
project described in subsection (a) will have on the affected areas
referred to in subsection (b).''.
SEC. 327. 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. 328. CROSS VILLAGE HARBOR, MICHIGAN.
(a) General Rule.--Notwithstanding section 1001 of the Water
Resources Development Act of 1986 (33 U.S.C. 579a), the project for
navigation, Cross Village Harbor, Michigan, authorized by section 101
of the River and Harbor Act of 1966 (80 Stat. 1405), shall remain
authorized to be carried out by the Secretary.
(b) Limitation.--The 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. 329. 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. 330. 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
follows:
(1) Payment of non-federal share.--The non-Federal share of the
cost of the project shall be paid as follows:
(A) That portion of the non-Federal share that the
Secretary determines is attributable to use of the lock by
vessels calling at Canadian ports shall be paid by the United
States.
(B) 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.
(2) 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 may be paid over a
period of 50 years or the expected life of the project, whichever
is shorter.
(b) Great Lakes States Defined.--In this section, the term ``Great
Lakes States'' means the States of Illinois, Indiana, Michigan,
Minnesota, New York, Ohio, Pennsylvania, and Wisconsin.
SEC. 331. ST. JOHNS BAYOU AND 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. Johns Bayou and New Madrid
Floodway, Missouri, authorized by section 401(a) of the Water Resources
Development Act of 1986 (100 Stat. 4118).
SEC. 332. LOST CREEK, COLUMBUS, NEBRASKA.
(a) Maximum Federal Expenditure.--The maximum amount of Federal
funds that may be allotted for the project for flood control, Lost
Creek, Columbus, Nebraska, shall be $5,500,000.
(b) Revision of Project Cooperation Agreement.--The Secretary shall
revise the project cooperation agreement for the project referred to in
subsection (a) to take into account the change in the Federal
participation in such project pursuant to subsection (a).
SEC. 333. 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 may acquire from willing
sellers lands on which residential structures are located and that 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 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), to the
extent that the Secretary's evaluation indicates that applying such
section is necessary to implement the project.''.
SEC. 334. ACEQUIAS IRRIGATION SYSTEM, NEW MEXICO.
The second sentence of section 1113(b) of the Water Resources
Development Act of 1986 (100 Stat. 4232) is amended by inserting before
the period at the end the following: ``; except that the Federal share
of reconnaissance studies carried out by the Secretary under this
section shall be 100 percent''.
SEC. 335. JONES INLET, NEW YORK.
The project for navigation, Jones Inlet, New York, 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), is
modified to direct the Secretary to place uncontaminated dredged
material on beach areas downdrift from the federally maintained channel
to the extent that such work is necessary to mitigate the interruption
of littoral system natural processes caused by the jetty and continued
dredging of the federally maintained channel.
SEC. 336. BUFORD TRENTON IRRIGATION DISTRICT, NORTH DAKOTA.
(a) Acquisition of Easements.--
(1) In general.--The Secretary may acquire, from willing
sellers, permanent flowage and saturation easements over--
(A) the land in Williams County, North Dakota, extending
from the riverward margin of the Buford Trenton Irrigation
District main canal to the north bank of the Missouri River,
beginning at the Buford Trenton Irrigation District pumping
station located in the NE\1/4\ of section 17, T-152-N, R-104-W,
and continuing northeasterly downstream to the land referred to
as the East Bottom; and
(B) any other land outside the boundaries of the land
described in subparagraph (A) within or contiguous to the
boundaries of the Buford Trenton Irrigation District that has
been affected by rising ground water and the risk of surface
flooding.
(2) Scope.--Any easements acquired by the Secretary under
paragraph (1) shall include the right, power, and privilege of the
Federal Government to submerge, overflow, percolate, and saturate
the surface and subsurface of the lands and such other terms and
conditions as the Secretary considers appropriate.
(3) Payment.--In acquiring easements under paragraph (1), the
Secretary shall pay an amount based on the unaffected fee value of
the lands to be acquired by the Federal Government. For the purpose
of this paragraph, the unaffected fee value of the lands is the
value of the lands as if the lands had not been affected by rising
ground water and the risk of surface flooding.
(b) Conveyance of Drainage Pumps.--The Secretary shall--
(1) convey to the Buford Trenton Irrigation District all right,
title, and interest of the United States in the drainage pumps
located within the boundaries of the District; and
(2) provide a lump-sum payment of $60,000 for power
requirements associated with the operation of the drainage pumps.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $34,000,000.
SEC. 337. RENO BEACH-HOWARDS FARM, OHIO.
The project for flood protection, Reno Beach-Howards Farm, Ohio,
authorized by section 203 of the Flood Control Act of 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. 338. BROKEN BOW LAKE, RED RIVER BASIN, OKLAHOMA.
The project for flood control and water supply, Broken Bow Lake,
Red River Basin, Oklahoma, authorized by section 203 of the Flood
Control Act of 1958 (72 Stat. 309) and modified by section 203 of the
Flood Control Act of 1962 (76 Stat. 1187) and section 102(v) of the
Water Resources Development Act of 1992 (106 Stat. 4808), is further
modified to provide for the reallocation of a sufficient quantity of
water supply storage space in Broken Bow Lake to support the Mountain
Fork trout fishery. Releases of water from Broken Bow Lake for the
Mountain Fork trout fishery as mitigation for the loss of fish and
wildlife resources in the Mountain Fork River shall be carried out at
no expense to the State of Oklahoma.
SEC. 339. WISTER LAKE PROJECT, LEFLORE COUNTY, OKLAHOMA.
The Secretary shall maintain a minimum conservation pool level of
478 feet at the Wister Lake project in LeFlore County, Oklahoma,
authorized by section 4 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 June 28, 1938 (52 Stat.
1218). Notwithstanding title I of the Water Resources Development Act
of 1986 (33 U.S.C. 2211 et seq.) or any other provision of law, any
increase in water supply yield that results from the pool level of 478
feet shall be treated as unallocated water supply until such time as a
user enters into a contract for the supply under such applicable laws
concerning cost-sharing as are in effect on the date of the contract.
SEC. 340. 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, if the Secretary determines, at the
time of the proposed conveyance, that the Department of the Army
has taken all action necessary to protect human health and the
environment.
(5) Such portions of Parcel H as can be conveyed without a
requirement for further investigation, inventory, or other action
by the Department of the Army under the National Historic
Preservation Act (16 U.S.C. 470 et seq.).
(6) Such easements as the Secretary considers 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 arising 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
Town of North Bonneville, Washington v. United States, 11 Cl. Ct. 694,
affirmed in part and reversed in part, 833 F.2d 1024 (Fed. Cir. 1987),
cert. denied, 485 U.S. 1007 (1988), 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
section.
(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 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. 341. COLUMBIA RIVER DREDGING, OREGON AND WASHINGTON.
The project for navigation, Lower Willamette and Columbia Rivers
below Vancouver, Washington, and Portland, Oregon, authorized by the
1st section of the Act entitled ``An Act making appropriations for the
construction, repair, preservation, and completion of certain public
works on rivers and harbors, and for other purposes'', approved June
18, 1878 (20 Stat. 157), 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. 342. LACKAWANNA RIVER AT SCRANTON, PENNSYLVANIA.
(a) In General.--The project for flood control, Lackawanna River at
Scranton, Pennsylvania, authorized by section 101(17) 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.
(b) Applicability of Benefit-Cost Ratio Waiver Authority.--In
evaluating and implementing the project, the Secretary shall allow the
non-Federal interest to participate in the financing of the project in
accordance with section 903(c) of the Water Resources Development Act
of 1986 (100 Stat. 4184), to the extent that the Secretary's evaluation
indicates that applying such section is necessary to implement the
project.
SEC. 343. 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. 344. SCHUYLKILL RIVER, PENNSYLVANIA.
The navigation project for the Schuylkill River, Pennsylvania,
authorized by the 1st 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 August 8, 1917 (40 Stat. 252), is modified to provide for the
periodic removal and disposal of sediment to provide for a depth of 6
feet 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. 345. SOUTH CENTRAL PENNSYLVANIA.
(a) Cost Sharing.--Section 313(d)(3)(A) of the Water Resources
Development Act of 1992 (106 Stat. 4846) 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
Federal share may be provided in the form of grants or
reimbursements of project costs. The non-Federal interests
shall receive credit--
``(i) 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; and
``(ii) for grants and the value of work performed on
behalf of such interests by State and local agencies, as
determined by the Secretary.''.
(b) Authorization of Appropriations.--Section 313(g)(1) of such Act
(106 Stat. 4846) is amended by striking ``$50,000,000'' and inserting
``$80,000,000''.
(c) Section Heading.--The heading to section 313 of such Act is
amended to read as follows:
``SEC. 313. SOUTH CENTRAL PENNSYLVANIA ENVIRONMENT IMPROVEMENT
PROGRAM.''.
SEC. 346. 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--
(1) to include as part of the construction of the project
mechanical and electrical upgrades to stormwater pumping stations
in the Wyoming Valley; and
(2) to carry out mitigation measures that the Secretary would
otherwise be authorized to carry out, but for the General Design
Memorandum for phase II of the project, as approved by the
Assistant Secretary of the Army having responsibility for civil
works on February 15, 1996, providing that such measures are to be
carried out for credit by the non-Federal interest.
SEC. 347. ALLENDALE DAM, NORTH PROVIDENCE, RHODE ISLAND.
The project for reconstruction of the Allendale Dam, North
Providence, Rhode Island, authorized by section 358 of the Water
Resources Development Act of 1992 (106 Stat. 4861), is modified to
authorize the Secretary to reconstruct the dam, at a total cost of
$350,000, with an estimated Federal cost of $262,500 and an estimated
non-Federal cost of $87,500.
SEC. 348. 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. 349. CLOUTER CREEK DISPOSAL AREA, CHARLESTON, SOUTH CAROLINA.
(a) Transfer of Administrative Jurisdiction.--Notwithstanding any
other law, the Secretary of the Navy shall transfer to the Secretary
administrative jurisdiction over the approximately 1,400 acres of land
under the jurisdiction of the Department of the Navy that comprise a
portion of the Clouter Creek disposal area, Charleston, South Carolina.
(b) Use of Transferred Land.--The land transferred under subsection
(a) shall be used by the Department of the Army as a dredged material
disposal area for dredging activities in the vicinity of Charleston,
South Carolina, including the Charleston Harbor navigation project.
(c) Cost Sharing.--Operation and maintenance, including
rehabilitation, of the dredged material disposal area transferred under
this section shall be carried out in accordance with section 101 of the
Water Resources Development Act of 1986 (33 U.S.C. 2211).
SEC. 350. BUFFALO BAYOU, TEXAS.
The non-Federal interest for the projects for flood control,
Buffalo Bayou and tributaries, Texas, authorized by section 203 of the
Flood Control Act of 1954 (68 Stat. 1258) and by section 101(a)(21) 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 toward 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 1 or more of
the following authorized projects: White Oak Bayou, Brays Bayou,
Hunting Bayou, Garners Bayou, and the Upper Reach on Greens Bayou.
SEC. 351. 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.
(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 credit only for that portion of
the work performed by the non-Federal interests that is compatible with
the project referred to in subsection (a), including any modification
thereof, and that 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 (33 U.S.C.
2213(a)(1)(A)) to the project referred to in subsection (a).
SEC. 352. GRUNDY, VIRGINIA.
The Secretary shall proceed with planning, engineering, design, and
construction of the Grundy, Virginia, element of the Levisa and Tug
Forks of the Big Sandy River and Upper Cumberland River project,
authorized by section 202 of the Energy and Water Development
Appropriation Act, 1981 (94 Stat. 1339), in accordance with Plan 3A as
set forth in the preliminary draft detailed project report of the
Huntington District Commander, dated August 1993.
SEC. 353. 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 pursuant to 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 (33 U.S.C. 2213(m); 100
Stat. 4087) to the construction of such feature in the same manner
as that section is applied to other projects or project features
constructed pursuant to such section 202(a); and
(4) to provide for operation and maintenance of recreational
facilities on a reimbursable basis.
SEC. 354. RUDEE INLET, VIRGINIA BEACH, VIRGINIA.
The project for navigation and shoreline protection, Rudee Inlet,
Virginia Beach, Virginia, authorized by section 601(d) 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
(33 U.S.C. 2211 et seq.).
SEC. 355. VIRGINIA BEACH, VIRGINIA.
(a) Adjustment of Non-Federal Share.--Notwithstanding any other
provision of law, 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 Department of the Army to be due to the city of Virginia Beach
as reimbursement for 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 cooperation agreement is executed for the
project.
(b) Extension of Federal Participation.--
(1) In general.--In accordance with section 156 of the Water
Resources Development Act of 1976 (42 U.S.C. 1962d-5f), the
Secretary shall extend Federal participation in the periodic
nourishment of Virginia Beach as authorized by section 101 of the
River and Harbor Act of 1954 (68 Stat. 1254) and modified by
section 101 of the River and Harbor Act of 1962 (76 Stat. 1177).
(2) Duration.--Federal participation under paragraph (1) shall
extend until the earlier of--
(A) the end of the 50-year period provided for in section
156 of the Water Resources Development Act of 1976 (42 U.S.C.
1962d-5f); and
(B) the completion of the project for beach erosion control
and hurricane protection, Virginia Beach, Virginia, as modified
by section 102(cc) of the Water Resources Development Act of
1992 (106 Stat. 4810).
SEC. 356. EAST WATERWAY, WASHINGTON.
The project for navigation, East and West Waterways, Seattle
Harbor, Washington, authorized by the 1st 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 March 2, 1919 (40 Stat. 1285), 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. 357. BLUESTONE LAKE, WEST VIRGINIA.
Section 102(ff) of the Water Resources Development Act of 1992 (106
Stat. 4810) is amended by inserting after ``project,'' the 1st place it
appears ``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,''.
SEC. 358. MOOREFIELD, WEST VIRGINIA.
(a) Review.--The Secretary, as part of the implementation of the
project for flood control, Moorefield, West Virginia, shall conduct a
review of the activities of the Corps of Engineers to determine whether
the failure of the Corps of Engineers to complete land acquisition for
the project by May 1, 1996, contributed to any flood damages at the
town of Moorefield during 1996.
(b) Reduction of Non-Federal Share.--To the extent the Secretary
determines under subsection (a) that the activities of the Corps of
Engineers contributed to any flood damages, the Secretary shall reduce
the non-Federal share of the flood control project by up to $700,000.
Such costs shall become a Federal responsibility for carrying out the
flood control project.
SEC. 359. 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
Federal share may be in the form of grants or reimbursements of
project costs.
``(B) Credit for design work.--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.
``(C) Credit for interest.--In the event of a delay 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.
``(D) Credit for lands, easements, and rights-of-way.--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.
``(E) 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 ``$20,000,000''.
SEC. 360. WEST VIRGINIA TRAILHEAD FACILITIES.
Section 306 of the Water Resources Development Act of 1992 (106
Stat. 4840-4841) is amended--
(1) by inserting ``(a) In General.--'' before ``The
Secretary''; and
(2) by adding at the end the following:
``(b) Interagency Agreement.--The Secretary shall enter into an
interagency agreement with the Federal entity that 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 plan developed under this section. The Federal entity shall
provide such assistance and oversight.''.
SEC. 361. 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 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 described 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,
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 to 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 United States of any
additional site discovered to be culturally and religiously
significant to the Ho-Chunk Nation.
(v) An agreement preventing or limiting the public
disclosure of the location or existence of each site of
particular cultural or religious significance to the Ho-
Chunk Nation if public disclosure would jeopardize the
cultural or religious integrity of the site.
(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 under the memorandum
of understanding entered into under paragraph (4), or under any
revision of such memorandum of understanding, shall be held in
trust by the United States 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 subsection.
(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) Site restoration of abandoned wells, farm sites, and
safety modifications to the water control structures.
(2) Additional requirements.--All activities undertaken
pursuant to this subsection shall comply with the Native American
Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.),
the Archaeological Resources Protection Act of 1979 (16 U.S.C.
470aa et seq.), the National Historic Preservation Act (16 U.S.C.
470 et seq.), and any subsequent Federal law enacted relating to
cultural artifacts, human remains, or historic preservation.
(3) Participation by state of wisconsin and the ho-chunk
nation.--In undertaking completion of the features under paragraph
(1), the Secretary shall consult with the State of Wisconsin and
the Ho-Chunk Nation on the location of each feature.
(d) Funding.--There is authorized to be appropriated to carry out
this section $17,000,000.
SEC. 362. 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.''.
SEC. 363. 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) of the
Water Resources Development Act of 1986 (33 U.S.C. 579a(b)), 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 if the Secretary
determines that the change in the scope of the project is technically
sound, environmentally acceptable, and economic, as applicable.
(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. 4044), 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(b) 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(b) 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(b) 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(b) 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. 1181) and deauthorized pursuant to section 1001(b) of the
Water Resources Development Act of 1986 (33 U.S.C. 579a(b)), is
authorized to be carried out by the Secretary.
SEC. 364. PROJECT DEAUTHORIZATIONS.
The following projects are not authorized after the date of the
enactment of this Act:
(1) Branford harbor, connecticut.--The 2,267 square foot
portion of the project for navigation in the Branford River,
Branford Harbor, Connecticut, authorized by the 1st 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 June 13, 1902 (32 Stat.
333), lying shoreward of a line described as follows: Beginning at
a point on the authorized Federal navigation channel line the
coordinates of which are N156,181.32, E581,572.38, running thence
south 70 degrees, 11 minutes, 8 seconds west a distance of 171.58
feet to another point on the authorized Federal navigation channel
line the coordinates of which are N156,123.16, E581,410.96.
(2) Bridgeport harbor, connecticut.--
(A) Anchorage area.--The portion of the project for
navigation, Bridgeport Harbor, Connecticut, authorized by
section 101 of the River and Harbor Act of 1958 (72 Stat. 297),
consisting of a 2-acre anchorage area with a depth of 6 feet at
the head of Johnsons River between the Federal channel and
Hollisters Dam.
(B) Johnsons river channel.--The portion of the project for
navigation, Johnsons River Channel, Bridgeport Harbor,
Connecticut, authorized by the 1st section 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 July 24, 1946 (60 Stat. 634), that is
northerly of a line across the Federal channel the coordinates
of which are north 123318.35, east 486301.68, and north
123257.15, east 486380.77.
(3) Guilford harbor, connecticut.--The portion of the project
for navigation, Guilford Harbor, Connecticut, 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), that consists of the 6-foot deep channel in Sluice Creek and
that is not included in the following description of the realigned
channel: Beginning 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 55.00 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) Mystic river, connecticut.--The following portion of the
project for improving the Mystic River, Connecticut, authorized by
the 1st 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
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.
(5) Norwalk harbor, connecticut.--
(A) In general.--The following portions of projects for
navigation, Norwalk Harbor, Connecticut:
(i) The portion authorized by the 1st 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 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.
(ii) The 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), that are not included in the description of the
realigned channel and anchorage set forth in subparagraph
(B).
(B) Description of realigned channel and anchorage.--The
realigned 6-foot deep East Norwalk Channel and Anchorage
referred to in subparagraph (A)(ii) is described as follows:
Beginning 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 Federal anchorage in
existence on the date of the enactment of this Act 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) Designation of realigned channel and anchorage.--All of
the realigned channel shall be redesignated as an anchorage,
with the exception of the portion of the channel that narrows
to a width of 100 feet and terminates at a line the coordinates
of which are N96456.81, E419260.06 and N96390.37, E419185.32,
which shall remain as a channel.
(6) Patchogue river, westbrook, connecticut.--
(A) In general.--The following portion of the project for
navigation, Patchogue River, Connecticut, authorized by section
101 of the River and Harbor Act of 1954 (68 Stat. 1249): A
portion of the 8-foot deep channel that lies northwesterly of a
line whose coordinates are N161108.83, E676901.34 and
N161246.53, E677103.75. The perimeter of this area starts at a
point with coordinates N161108.83, E676901.34, thence running
north 7 degrees, 50 minutes, 44.2 seconds west 27.91 feet to a
point N161136.48, E676897.53, thence running north 55 degrees,
46 minutes, 23.3 seconds east 190.05 feet to a point
N161243.38, E677054.67, thence running north 86 degrees, 19
minutes, 39.9 seconds east 49.18 feet to a point N161246.53,
E677103.75, thence running south 55 degrees, 46 minutes, 20.8
seconds west 244.81 feet to the point of origin.
(B) Redesignation.--The portion of the project for
navigation, Patchogue River, Connecticut, referred to in
subparagraph (A), which is now part of the 8-foot deep
anchorage lying northwesterly of a line whose coordinates are
N161067.46, E676982.76 and N161173.63, E677138.81, is
redesignated as part of the 8-foot deep channel. The perimeter
of this area starts at a point with coordinates N161067.46,
E676982.76, thence running north 7 degrees, 48 minutes, 40.7
seconds west 5.59 feet to a point N161073.00, E676982.00,
thence running north 55 degrees, 46 minutes, 25.1 seconds east
177.79 feet to a point N161173.00, E677129.00, thence running
north 86 degrees, 19 minutes, 31.8 seconds east 9.83 feet to a
point N161173.63, E677138.81, thence running south 55 degrees,
46 minutes, 12.9 seconds west 188.74 feet to the point of
origin.
(7) Southport harbor, connecticut.--
(A) In general.--The following portions of the project for
navigation, Southport Harbor, Connecticut, authorized by the
1st section 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
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 the coordinates of which are north
109131.16, east 452653.32, running thence in a
northeasterly direction about 943.01 feet to a point the
coordinates of which are north 109635.22, east 453450.31,
running thence in a southeasterly direction about 22.66
feet to a point the coordinates of which 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 portion of the project referred to in
subparagraph (A) that is remaining after the deauthorization
made by subparagraph (A) and that is northerly of a line the
coordinates of which are north 108699.15, east 452768.36, and
north 108655.66, east 452858.73, is redesignated as an
anchorage.
(8) Stony creek, 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),
located in the 6-foot deep maneuvering basin: Beginning at
coordinates N157,031.91, E599,030.79, thence running northeasterly
about 221.16 feet to coordinates N157,191.06, E599,184.37, thence
running northerly about 162.60 feet to coordinates N157,353.56,
E599,189.99, thence running southwesterly about 358.90 feet to the
point of beginning.
(9) East boothbay harbor, maine.--The following portion of the
navigation project for East Boothbay Harbor, Maine, authorized by
the 1st 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
June 25, 1910 (36 Stat. 657), containing approximately 1.15 acres
and described in accordance with the Maine State Coordinate System,
West Zone:
Beginning at a point noted as point number 6 and shown as
having plan coordinates of North 9, 722, East 9, 909, on the plan
entitled, ``East Boothbay Harbor, Maine, examination, 8-foot
area'', and dated August 9, 1955, Drawing Number F1251 D-6-2, that
point having Maine State Coordinate System, West Zone coordinates
of Northing 74514, Easting 698381.
Thence, North 58 degrees, 12 minutes, 30 seconds East a
distance of 120.9 feet to a point.
Thence, South 72 degrees, 21 minutes, 50 seconds East a
distance of 106.2 feet to a point.
Thence, South 32 degrees, 04 minutes, 55 seconds East a
distance of 218.9 feet to a point.
Thence, South 61 degrees, 29 minutes, 40 seconds West a
distance of 148.9 feet to a point.
Thence, North 35 degrees, 14 minutes, 12 seconds West a
distance of 87.5 feet to a point.
Thence, North 78 degrees, 30 minutes, 58 seconds West a
distance of 68.4 feet to a point.
Thence, North 27 degrees, 11 minutes, 39 seconds West a
distance of 157.3 feet to the point of beginning.
(10) Kennebunk river, maine.--The 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 the coordinates
of which are N191412.53, E417265.28 and N191445.83, E417332.48.
(11) York harbor, maine.--The following portions of the project
for navigation, York Harbor, Maine, authorized by section 101 of
the River and Harbor Act of 1960 (74 Stat. 480):
(A) The portion located in the 8-foot deep anchorage area
beginning at coordinates N109340.19, E372066.93, thence running
north 65 degrees, 12 minutes, 10.5 seconds east 423.27 feet to
a point N109517.71, E372451.17, thence running north 28
degrees, 42 minutes, 58.3 seconds west 11.68 feet to a point
N109527.95, E372445.56, thence running south 63 degrees, 37
minutes, 24.6 seconds west 422.63 feet to the point of
beginning.
(B) The portion located in the 8-foot deep anchorage area
beginning at coordinates N108557.24, E371645.88, thence running
south 60 degrees, 41 minutes, 17.2 seconds east 484.51 feet to
a point N108320.04, E372068.36, thence running north 29
degrees, 12 minutes, 53.3 seconds east 15.28 feet to a point
N108333.38, E372075.82, thence running north 62 degrees, 29
minutes, 42.1 seconds west 484.73 feet to the point of
beginning.
(12) 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.
(13) Cohasset harbor, massachusetts.--The following portions of
the project for navigation, Cohasset Harbor, Massachusetts,
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. 12), and authorized pursuant to section 107 of the
River and Harbor Act of 1960 (33 U.S.C. 577): A 7-foot deep
anchorage and a 6-foot deep anchorage; beginning at site 1,
beginning 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; then site 2, beginning 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; and site 3,
beginning 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.
(14) 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.
(15) 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.
(16) Reserved channel, boston, massachusetts.--The portion of
the project for navigation, Reserved Channel, Boston,
Massachusetts, authorized by section 101(a)(13) 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.
(17) 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.
(18) Cocheco river, new hampshire.--
(A) In general.--The portion of the project for navigation,
Cocheco River, New Hampshire, authorized by the 1st 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), and consisting 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.
(B) Maintenance dredging.--Not later than 18 months after
the date of the enactment of this Act, the Secretary shall
perform maintenance dredging for the remaining authorized
portions of the Federal navigation channel under the project
described in subparagraph (A) to restore authorized channel
dimensions.
(19) Morristown harbor, new york.--The portion of the project
for navigation, Morristown Harbor, New York, authorized by the 1st
section 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 January 21, 1927 (44
Stat. 1014), that lies north of the northern boundary of Morris
Street extended.
(20) Oswegatchie river, ogdensburg, new york.--The portion of
the Federal channel of the project for navigation, Ogdensburg
Harbor, New York, authorized by the 1st 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 June 25, 1910 (36 Stat. 635), and
modified by the 1st section 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 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.
(21) 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 1st 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 June 25, 1910 (36 Stat. 653).
(22) 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 (33 U.S.C. 577) 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, that point
being known as United States 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 a 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.
(23) Apponaug cove, rhode island.--The following portion of the
project for navigation, Apponaug Cove, Rhode Island, authorized by
section 101 of the River and Harbor Act of 1960 (74 Stat. 480),
consisting of the 6-foot deep channel: Beginning at a point,
N223269.93, E513089.12, thence running northwesterly to a point
N223348.31, E512799.54, thence running southwesterly to a point
N223251.78, E512773.41, thence running southeasterly to a point
N223178.00, E513046.00, thence running northeasterly to the point
of beginning.
(24) Port washington harbor, wisconsin.--The following portion
of the navigation project for Port Washington Harbor, Wisconsin,
authorized by the 1st section of the Act entitled ``An Act making
appropriations for the repair, preservation, and completion of
certain public works on rivers and harbors, and for other purposes,
for the fiscal year ending June thirtieth, eighteen hundred and
seventy-one'', approved July 11, 1870 (16 Stat. 223): Beginning at
the northwest corner of the 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, the point
of beginning.
SEC. 365. MISSISSIPPI DELTA REGION, LOUISIANA.
The Mississippi Delta Region project, Louisiana, authorized as part
of the project for hurricane-flood protection 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. The
credit shall be subject to such terms and conditions as the Secretary
deems necessary and shall not exceed $7,500,000.
SEC. 366. MONONGAHELA RIVER, PENNSYLVANIA.
The Secretary may make available to the Southwestern Pennsylvania
Growth Fund (a regional industrial development corporation) at no
additional cost to the United States, dredged and excavated materials
resulting from construction of the new gated dam at Braddock,
Pennsylvania, as part of the Locks and Dams 2, 3, and 4, Monongahela
River, Pennsylvania, navigation project, to support environmental
restoration of the former United States Steel Duquesne Works brownfield
site--
(1) if the Pennsylvania Department of Environmental Protection
issues a ``no further action'' decision or a mitigation plan for
the site prior to a determination by the District Engineer,
Pittsburgh District, that the dredged and excavated materials are
available; and
(2) if the Southwestern Pennsylvania Growth Fund agrees to hold
and save the United States free from damages in connection with use
of the dredged and excavated materials, except for damages due to
the fault or negligence of the United States or its contractors.
TITLE IV--STUDIES
SEC. 401. CORPS CAPABILITY STUDY, ALASKA.
Not later than 18 months after the date of the enactment of this
Act, the Secretary shall report to Congress on the advisability and
capability of the Corps of Engineers to implement rural sanitation
projects for rural and Native villages in Alaska.
SEC. 402. RED RIVER, ARKANSAS.
The Secretary shall--
(1) conduct a study to determine the feasibility of carrying
out a project to permit navigation on the Red River in southwest
Arkansas; and
(2) in conducting the study, analyze economic benefits that
were not included in the limited economic analysis contained in the
reconnaissance report for the project dated November 1995.
SEC. 403. MCDOWELL MOUNTAIN, ARIZONA.
The Secretary shall credit toward the non-Federal share of the cost
of the feasibility study on the McDowell Mountain, Arizona, project an
amount equal 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. 404. 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. 405. 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. 406. MUGU LAGOON, CALIFORNIA.
(a) Study.--The Secretary shall conduct a study of the
environmental impacts associated with sediment transport, floodflows,
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 ensure that the
study is compatible with restoration efforts for the Calleguas Creek
watershed.
(c) Report.--Not later than 2 years after the date of the enactment
of this Act, the Secretary shall transmit to Congress a report on the
results of the study.
SEC. 407. MURRIETA CREEK, RIVERSIDE COUNTY, CALIFORNIA.
The Secretary shall review the completed feasibility study of the
Riverside County Flood Control and Water Conservation District,
including identified alternatives, concerning Murrieta Creek from
Temecula to Wildomar, Riverside County, California, to determine the
Federal interest in participating in a project for flood control.
SEC. 408. PINE FLAT DAM FISH AND WILDLIFE HABITAT RESTORATION,
CALIFORNIA.
The Secretary shall study the advisability of fish and wildlife
habitat improvement measures identified for further study by the Pine
Flat Dam Fish and Wildlife Habitat Restoration Investigation
Reconnaissance Report.
SEC. 409. 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 with
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. 410. SOUTHERN CALIFORNIA INFRASTRUCTURE.
(a) Assistance.--Section 116(d)(1) of the Water Resources
Development Act of 1990 (104 Stat. 4623) 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 assistance to non-Federal
interests in developing potential infrastructure projects. The non-
Federal share of the cost of the technical assistance shall be 25
percent.''.
(b) Authorization of Appropriations.--Section 116(d)(3) of such Act
is amended by striking ``$1,500,000'' and inserting ``$3,000,000''.
SEC. 411. STOCKTON, CALIFORNIA.
(a) Bear Creek Drainage and Mormon Slough/Calaveras River.--The
Secretary shall conduct a review of the Bear Creek Drainage, San
Joaquin County, California, and the Mormon Slough/Calaveras River,
California, projects for flood control authorized by section 10 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 December 22, 1944 (58 Stat. 901), to develop a
comprehensive plan for additional flood damage reduction measures for
the city of Stockton, California, and surrounding areas.
(b) Farmington Dam, California.--
(1) Conjunctive use study.--The Secretary shall continue
participation in the Stockton, California, Metropolitan Area Flood
Control Study, including an evaluation of the feasibility of
storage of water at Farmington Dam and implementation of a
conjunctive use plan.
(2) Consultation.--In conducting the study, the Secretary shall
consult with the Stockton East Water District concerning joint
operation or potential transfer of Farmington Dam.
(3) Report.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall submit a report to
Congress--
(A) concerning the feasibility of a conjunctive use plan
using Farmington Dam for water storage; and
(B) containing recommendations on facility transfers and
operational alternatives.
(4) Without project condition.--In conducting the Stockton,
California, Metropolitan Area Flood Control Study, the Secretary
shall consider the physical flood control and water supply
facilities as they existed in January 1996 as the ``without
project'' condition.
SEC. 412. 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. 413. WEST DADE, FLORIDA.
The Secretary shall conduct a reconnaissance study to determine the
Federal interest in using the West Dade, Florida, reuse facility to
improve water quality in, and increase the supply of surface water to,
the Everglades in order to enhance fish and wildlife habitat.
SEC. 414. SAVANNAH RIVER BASIN COMPREHENSIVE WATER RESOURCES STUDY.
(a) In General.--The Secretary shall conduct a comprehensive study
to address the current and future needs for flood damage prevention and
reduction, water supply, and other related water resources needs in the
Savannah River Basin.
(b) Scope.--The scope of the study shall be limited to an analysis
of water resources issues that fall within the traditional civil works
mission of the Corps of Engineers.
(c) Coordination.--Notwithstanding subsection (b), the Secretary
shall ensure that the study is coordinated with the Environmental
Protection Agency and the ongoing watershed study of the Savannah River
Basin by the Agency.
SEC. 415. 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, consistent with the authorized purposes of that
project, to include evacuation of waters collecting on the land side of
the Chain of Rocks Canal East Levee.
SEC. 416. QUINCY, ILLINOIS.
(a) Study.--The Secretary shall study and evaluate the critical
water 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 develop a definition of critical water infrastructure;
(3) to develop evaluation criteria; and
(4) to enhance existing geographic information system databases
to encompass relevant data that identify critical water
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 objectives of the study described in paragraphs (1) through (4) of
subsection (a).
SEC. 417. SPRINGFIELD, ILLINOIS.
The Secretary shall provide 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 the technical, economic, and environmental
impacts of such development.
SEC. 418. 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. 419. 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. 420. 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 1st 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 June 25, 1910 (36 Stat. 657).
SEC. 421. 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. 422. LITTLE CALUMET RIVER, INDIANA.
(a) Study.--The Secretary shall conduct a study of the impacts 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. 423. 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 and Freeman Lakes Environmental
Conservation Corporation in addressing potential environmental
restoration activities determined appropriate as a result of the study
conducted under subsection (a).
SEC. 424. CALCASIEU RIVER, HACKBERRY, LOUISIANA.
The Secretary shall incorporate the portion of the Calcasieu River
in the vicinity of Hackberry, Louisiana, as part of the overall study
of the Lake Charles ship channel, bypass channel, and general anchorage
area in Louisiana, to explore the possibility of constructing
additional anchorage areas.
SEC. 425. MORGANZA, LOUISIANA, TO GULF OF MEXICO.
(a) Study.--
(1) In general.--The Secretary shall conduct a study of the
environmental, flood control, and navigational impacts associated
with the construction of a lock structure in the Houma Navigation
Canal as an independent feature of the overall flood damage
prevention study being conducted under the Morganza, Louisiana, to
the Gulf of Mexico feasibility study.
(2) Considerations.--In conducting the study under paragraph
(1), the Secretary shall--
(A) consult with the South Terrebonne Tidewater Management
and Conservation District and consider the District's
Preliminary Design Document dated February 1994; and
(B) evaluate the findings of the Louisiana Coastal Wetlands
Conservation and Restoration Task Force, established under the
Coastal Wetlands Planning, Protection and Restoration Act (16
U.S.C. 3951 et seq.), relating to the lock structure.
(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 results of the study conducted under subsection (a),
together with recommendations for immediate implementation of the
study.
SEC. 426. HURON RIVER, MICHIGAN.
The Secretary shall conduct a study to determine the feasibility of
and need for channel improvements and associated modifications for the
purpose of providing a harbor of refuge at Huron River, Michigan.
SEC. 427. CITY OF NORTH LAS VEGAS, CLARK COUNTY, NEVADA.
The Secretary shall conduct a reconnaissance study to determine the
Federal interest in channel improvements in channel A of the North Las
Vegas Wash in the city of North Las Vegas, Clark County, Nevada, for
the purpose of flood control.
SEC. 428. LOWER LAS VEGAS WASH WETLANDS, CLARK COUNTY, NEVADA.
The Secretary shall conduct a study to determine the advisability
of wetland restoration and the feasibility of erosion control in the
Lower Las Vegas Wash, Nevada.
SEC. 429. NORTHERN NEVADA.
The Secretary shall conduct reconnaissance studies, in the State of
Nevada, of--
(1) the Humboldt River and its tributaries and outlets;
(2) the Truckee River and its tributaries and outlets;
(3) the Carson River and its tributaries and outlets; and
(4) the Walker River and its tributaries and outlets,
in order to determine the Federal interest in flood control,
environmental restoration, conservation of fish and wildlife,
recreation, water conservation, water quality, and toxic and
radioactive waste.
SEC. 430. SACO RIVER, NEW HAMPSHIRE.
The Secretary shall conduct a study of flooding 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. In conducting the study, the Secretary shall also consider
other alternatives for flood damage reduction.
SEC. 431. BUFFALO RIVER GREENWAY, NEW YORK.
The Secretary shall conduct a study to determine the feasibility 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
may include preparation of an integrated plan of development that takes
into consideration the adjacent parks, nature preserves, bikeways, and
related recreational facilities.
SEC. 432. COEYMANS, NEW YORK.
The Secretary shall conduct a reconnaissance study to determine the
Federal interest in reopening the secondary channel of the Hudson River
in the town of Coeymans, New York, which has been narrowed by silt as a
result of the construction of Coeymans middle dike by the Corps of
Engineers.
SEC. 433. 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
``$3,000,000''.
SEC. 434. 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. 435. 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. 436. SHINNECOCK INLET, NEW YORK.
Not later than 2 years after the date of the enactment of this Act,
the Secretary shall conduct a reconnaissance study in Shinnecock Inlet,
New York, to determine the feasibility of constructing a sand bypass
system, or other appropriate alternative, for the purposes of allowing
sand to flow in its natural east-to-west pattern and preventing the
further erosion of the beaches west of the inlet and the shoaling of
the inlet.
SEC. 437. 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. 438. 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. 439. COLUMBIA SLOUGH, OREGON.
Not later than 2 years after the date of the enactment of this Act,
the Secretary, in consultation with the Administrator of the
Environmental Protection Agency, shall complete a feasibility study for
the ecosystem restoration project at Columbia Slough, Oregon.
SEC. 440. CHARLESTON, SOUTH CAROLINA.
The Secretary shall 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. 441. OAHE DAM TO LAKE SHARPE, SOUTH DAKOTA.
The Secretary shall investigate potential solutions to the
recurring flooding and related problems in the vicinity of Pierre and
Ft. Pierre, South Dakota, caused by sedimentation in Lake Sharpe. The
potential solutions to be investigated shall include lowering of the
lake level and sediment agitation to allow for resuspension and
movement of the sediment. The investigation shall include development
of a comprehensive solution which includes consideration of structural
and nonstructural measures upstream from the lake consisting of land
treatment, sediment retention structures, and such other measures as
the Secretary determines to be appropriate.
SEC. 442. 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. 443. 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 wetland protection, erosion control, and flood damage
reduction needs of the county.
SEC. 444. PACIFIC REGION.
The Secretary may 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.
SEC. 445. FINANCING OF INFRASTRUCTURE NEEDS OF SMALL AND MEDIUM PORTS.
(a) Study.--The Secretary shall study the feasibility 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 6 months 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).
SEC. 446. 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 Federal and 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.
(d) Effect on Authority of Secretary of the Interior.--Nothing in
this section is intended to affect the authority of the Secretary of
the Interior under section 8(k) of the Outer Continental Shelf Lands
Act (43 U.S.C. 1337(k)).
TITLE V--MISCELLANEOUS PROVISIONS
SEC. 501. LAND CONVEYANCES.
(a) Village Creek, Alabama.--
(1) In general.--Upon a determination by the Secretary that
construction of facilities associated with a commercial enterprise
is not inconsistent with the operation of the project for flood
control, Village Creek, Alabama, authorized by section 410(a) of
the Water Resources Development Act of 1986 (100 Stat. 4111), the
non-Federal interest with respect to the project may sell to
private interests a parcel of land consisting of approximately 18
acres for the purpose of constructing facilities associated with a
commercial enterprise.
(2) Land description.--The land to be conveyed under paragraph
(1) shall consist of approximately 43 individual tracts that are
bounded on the west by Coosa Street, on the south by 16th Avenue
North, on the east by Tallapoosa Street, and on the north by the
northern boundary of lands acquired for the project.
(3) Facilities.--The facilities shall be constructed in
accordance with local floodplain ordinances and shall not increase
flood risks of other residents in the Village Creek floodplain.
(4) Reimbursement.--The non-Federal interest shall reimburse
the Secretary the Federal cost of acquiring the lands to be
conveyed, including relocation assistance, demolition of
structures, and administrative costs.
(5) Remaining lands.--All remaining lands acquired for the
Village Creek flood control project shall remain in public
ownership and shall be used solely for recreation purposes or
maintained as open space.
(b) 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:
``(3) To adjacent land owners, the United States title to all
or portions of that part of the Oakland Inner Harbor Tidal Canal
that are located within the boundaries of the city in which such
canal rests. Such conveyance shall be at fair market value.'';
(2) by inserting after ``right-of-way'' the following: ``or
other rights considered necessary by the Secretary''; and
(3) by adding at the end the following: ``The conveyances and
processes involved shall be at no cost to the United States.''.
(c) Mariemont, Ohio.--
(1) In general.--The Secretary shall convey to the village of
Mariemont, Ohio, at fair market value all right, title, and
interest of the United States in and to a parcel of land (including
improvements to the parcel) under the jurisdiction of the Corps of
Engineers, known as the ``Ohio River Division Laboratory'', and
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.
(d) Pike Island Locks and Dam, Ohio.--
(1) In general.--Subject to this subsection, the Secretary
shall convey by quitclaim deed to the city of Steubenville, Ohio,
all right, title, and interest of the United States in and to the
approximately 12 acres of land located at the Pike Island Locks and
Dam, together with any improvements on the land.
(2) Terms and conditions.--The conveyance by the United States
under this subsection shall be subject to such terms and conditions
as the Secretary considers appropriate to protect the interests of
the United States.
(3) Legal description of real property and payment of costs.--
The exact acreage and legal description of the real property
described in paragraph (1) shall be determined by a survey that is
satisfactory to the Secretary. The cost of the survey shall be
borne by the city of Steubenville. The city shall also be
responsible for any other costs associated with the conveyance
authorized by this subsection.
(4) Consideration of certain properties.--Properties to be
conveyed under this subsection that will be retained in public
ownership and used for public park and recreation or other public
purposes shall be conveyed without consideration. If any such
property is no longer used for public park and recreation or other
public purposes, title to such property shall revert to the
Secretary.
(e) Shenango River Lake Project, Ohio.--
(1) In general.--Subject to this subsection, the Secretary
shall convey by quitclaim deed to the Kinsman Township, Trumbull
County, Ohio, all right, title, and interest of the United States
in and to a parcel of land located at the Shenango River Lake
project consisting of approximately 1 acre, together with any
improvements on the land.
(2) Terms and conditions.--The conveyance by the United States
under this subsection shall be subject to such terms and conditions
as the Secretary considers appropriate to protect the interests of
the United States.
(3) Legal description of real property and payment of costs.--
The exact acreage and legal description of the real property
described in paragraph (1) shall be determined by a survey that is
satisfactory to the Secretary. The cost of the survey shall be
borne by the Kinsman Township. The township shall also be
responsible for any other costs associated with the conveyance
authorized by this subsection.
(4) Consideration of certain properties.--Properties to be
conveyed under this subsection that will be retained in public
ownership and used for public park and recreation or other public
purposes shall be conveyed without consideration. If any such
property is no longer used for public park and recreation or other
public purposes, title to such property shall revert to the
Secretary.
(f) 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 surveys required under paragraphs (3) and (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. Such surveys
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.
(g) 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,
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 the 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.
(h) Benbrook Lake, Texas.--
(1) In general.--The Secretary shall convey all right, title,
and interest of the United States in and to a parcel of real
property located at Longhorn Park, also known as ``Pecan Valley
Park'', Benbrook Lake, Benbrook, Texas, consisting of approximately
50 acres.
(2) Consideration.--Consideration for the conveyance under
paragraph (1) shall be the fair market value of the real property
as determined by the Secretary. All costs associated with the
conveyance under paragraph (1) and such other costs as the
Secretary considers appropriate shall be borne by the purchaser.
(3) Description of property.--The exact acreage and legal
description of the parcel of real property to be conveyed under
paragraph (1) shall be determined by a survey satisfactory to the
Secretary. The cost of the survey shall be borne by the purchaser.
(4) Additional terms.--The Secretary may require such
additional terms and conditions in connection with the conveyance
under paragraph (1) as the Secretary considers appropriate to
protect the interests of the United States.
(5) Compliance with national environmental policy act.--Prior
to the conveyance of property under paragraph (1), the Secretary
shall ensure that the conveyance complies with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(i) 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, washington.--The property to be conveyed
pursuant to paragraph (1) to Benton County, Washington, is the
property in such county that 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
on 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 in the city that 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 in the city that 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 in the city of Pasco, Washington, that
is leased pursuant to Army Lease No. DACW-68-1-77-10; and
(ii) all levees in the city, as of the date of the
enactment of this Act, and the property on 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 that 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 that 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, including payment of
reasonable administrative costs, as the Secretary considers
necessary and appropriate to protect the interests of the
United States.
(B) Special rule 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 that 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 that 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, 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.--Not later than 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 that date, 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 the area under
the jurisdiction of such local government to a height not lower
than the minimum safe height determined pursuant to
subparagraph (A).
(j) 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
of 1980 (42 U.S.C. 9620(h)) and other environmental laws.
SEC. 502. 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 ``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
``Carr Creek Lake''.
(c) 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''.
(d) 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''.
(e) 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.--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 ``Russell B. Long Lock and Dam''.
(f) Locks and Dams on Tennessee-Tombigbee Waterway.--
(1) Designations.--The following locks, and locks and dams, on
the Tennessee-Tombigbee Waterway, located in the States of Alabama,
Kentucky, Mississippi, and Tennessee, are designated as follows:
(A) Gainesville Lock and Dam at Mile 266 designated as
Howell Heflin Lock and Dam.
(B) Columbus Lock and Dam at Mile 335 designated as John C.
Stennis Lock and Dam.
(C) The lock and dam at Mile 358 designated as Aberdeen
Lock and Dam.
(D) Lock A at Mile 371 designated as Amory Lock.
(E) Lock B at Mile 376 designated as Glover Wilkins Lock.
(F) Lock C at Mile 391 designated as Fulton Lock.
(G) Lock D at Mile 398 designated as John Rankin Lock.
(H) Lock E at Mile 407 designated as G.V. ``Sonny''
Montgomery Lock.
(I) Bay Springs Lock and Dam at Mile 412 designated as
Jamie Whitten Lock and Dam.
(2) Legal references.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to a lock, or
lock and dam, referred to in paragraph (1) shall be deemed to be a
reference to the designation for the lock, or lock and dam,
provided in such paragraph.
SEC. 503. WATERSHED MANAGEMENT, RESTORATION, AND DEVELOPMENT.
(a) In General.--The Secretary may 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 under 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 impacts of flooding.
(c) Non-Federal Share.--The non-Federal share of the cost of
assistance provided under subsection (a) 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) Napa Valley watershed, California.
(6) Russian River watershed, California.
(7) Sacramento River watershed, California.
(8) San Pablo Bay watershed, California.
(9) Santa Clara Valley watershed, California.
(10) Nancy Creek, Utoy Creek, and North Peachtree Creek and
South Peachtree Creek basin, Georgia.
(11) Lower Platte River watershed, Nebraska.
(12) Juniata River watershed, Pennsylvania, including Raystown
Lake.
(13) 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 $15,000,000.
SEC. 504. 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:
``(e) Authorization of Appropriations for Construction
Assistance.--There are 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. 505. 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 ``$7,000,000'';
and
(2) in paragraph (4) by inserting ``and Virginia'' after
``Maryland''.
SEC. 506. PERIODIC BEACH NOURISHMENT.
(a) In General.--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 the 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) Panama city beaches, florida.--Project for shoreline
protection, Panama City Beaches, Florida.
(4) Tybee island, georgia.--Project for beach erosion control,
Tybee Island, Georgia.
(b) Periodic Beach Nourishment Subject to Review.--
(1) Review.--Not later than 6 months after the date of the
enactment of this Act, the Secretary shall complete a review of
potential periodic beach nourishment for each of the projects
described in paragraph (3) in accordance with the procedures
established under section 156 of the Water Resources Development
Act of 1976 (42 U.S.C. 1962d-5f; 90 Stat. 2933).
(2) Authorization.--If the Secretary determines under paragraph
(1) that periodic beach nourishment is necessary for a project, the
Secretary shall carry out periodic beach nourishment for the
project for a period of 50 years beginning on the date of
initiation of construction of the project.
(3) Projects.--The projects referred to in paragraph (1) are as
follows:
(A) Lee county, florida.--Project for shoreline protection,
Lee County, Captiva Island segment, Florida.
(B) Palm beach county, florida.--Project for shoreline
protection, Jupiter/Carlin, Ocean Ridge, and Boca Raton North
Beach segments, Palm Beach County, Florida.
(C) Raritan bay and sandy hook bay, new jersey.--Project
for hurricane-flood protection, Raritan Bay and Sandy Hook Bay,
New Jersey.
(D) Fire island inlet, new york.--Project for shoreline
protection, Fire Island Inlet, New York, between Gilgo State
Park and Tobay Beach to protect Ocean Parkway along the
Atlantic Ocean shoreline in Suffolk County, New York.
SEC. 507. DESIGN AND CONSTRUCTION ASSISTANCE.
The Secretary shall provide design and construction assistance to
non-Federal interests for each of the following projects if the
Secretary determines that the project is feasible:
(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 multipurpose 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. 508. 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. 509. 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. For purposes of this
section, the navigation channel shall be deemed to have been
constructed or improved by non-Federal interests.
(3) East Fork, Calcasieu Pass, Louisiana.
(4) Mississippi River Ship Channel, Chalmette Slip, Louisiana.
(5) Greenville Inner Harbor Channel, Mississippi.
(6) New Madrid Harbor, Missouri. For purposes of this section,
the navigation channel shall be deemed to have been constructed or
improved by non-Federal interests.
(7) Providence Harbor Shipping Channel, Rhode Island, from the
vicinity of the Fox Point hurricane barrier to the vicinity of the
Francis Street bridge in Providence, Rhode Island. For purposes of
this section, the navigation channel shall be deemed to have been
constructed or improved by non-Federal interests.
(8) Matagorda Ship Channel, Point Comfort Turning Basin, Texas.
(9) Corpus Christi Ship Channel, Rincon Canal System, Texas.
(10) Brazos Island Harbor, Texas, connecting channel to Mexico.
(11) Blair Waterway, Tacoma Harbor, Washington.
(b) Completion of Assessment.--Not later than 6 months after
receipt of a request from a 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. 510. CHESAPEAKE BAY ENVIRONMENTAL RESTORATION AND PROTECTION
PROGRAM.
(a) Establishment.--
(1) In general.--The Secretary shall establish a pilot program
to provide environmental assistance to non-Federal interests in the
Chesapeake Bay watershed.
(2) Form.--The assistance shall be in the form of design and
construction assistance for water-related environmental
infrastructure and resource protection and development projects
affecting the Chesapeake Bay estuary, 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
that may enhance the living resources of the estuary.
(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) Local Cooperation Agreement.--
(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 the assistance.
(2) Requirements.--Each local cooperation agreement entered
into under this subsection shall provide for--
(A) the development by the Secretary, in consultation with
appropriate Federal, State, and local officials, of a
facilities or resource protection and development plan,
including appropriate engineering plans and specifications and
an estimate of expected resource benefits; and
(B) the 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) 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, and relocations 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 the total project
costs.
(B) Operation and maintenance costs.--The non-Federal share
of the costs of operation and maintenance of activities carried
out under an agreement under this section shall be 100 percent.
(e) Cooperation.--In carrying out this section, the Secretary shall
cooperate with the heads of appropriate Federal agencies, including--
(1) the Administrator of the Environmental Protection Agency;
(2) the Secretary of Commerce, acting through the Administrator
of the National Oceanic and Atmospheric Administration;
(3) the Secretary of the Interior, acting through the Director
of the United States Fish and Wildlife Service; and
(4) the heads of such other Federal agencies and agencies of a
State or political subdivision of a State as the Secretary
determines to be appropriate.
(f) Project.--The Secretary shall establish at least 1 project
under this section in each of the States of Maryland, Virginia, and
Pennsylvania.
(g) Protection of Resources.--A project established under this
section shall be carried out using such measures as are necessary to
protect environmental, historic, and cultural resources.
(h) 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.
(i) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000.
SEC. 511. RESEARCH AND DEVELOPMENT PROGRAM TO IMPROVE SALMON SURVIVAL.
(a) Salmon Survival Activities.--
(1) In general.--The Secretary shall accelerate ongoing
research and development activities, and may carry out or
participate in additional research and development activities, for
the purpose of developing innovative methods and technologies for
improving the survival of salmon, especially salmon in the Columbia
River Basin.
(2) Accelerated activities.--Accelerated research and
development activities referred to in paragraph (1) may include
research and development related to--
(A) impacts from water resources projects and other impacts
on salmon life cycles;
(B) juvenile and adult salmon passage;
(C) light and sound guidance systems;
(D) surface-oriented collector systems;
(E) transportation mechanisms; and
(F) dissolved gas monitoring and abatement.
(3) Additional activities.--Additional research and development
activities referred to in paragraph (1) may include research and
development related to--
(A) marine mammal predation on salmon;
(B) studies of juvenile salmon survival in spawning and
rearing areas;
(C) estuary and near-ocean juvenile and adult salmon
survival;
(D) impacts on salmon life cycles from sources other than
water resources projects; and
(E) other innovative technologies and actions intended to
improve fish survival, including the survival of resident fish.
(4) Coordination.--The Secretary shall coordinate any
activities carried out under this subsection with appropriate
Federal, State, and local agencies, affected Indian tribes, and the
Northwest Power Planning Council.
(5) 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 research and development activities carried out under
this subsection, including any recommendations of the Secretary
concerning the research and development activities.
(6) Authorization of appropriations.--There is authorized to be
appropriated $10,000,000 to carry out research and development
activities under paragraph (3).
(b) Advanced Turbine Development.--
(1) In general.--In conjunction with the Secretary of Energy,
the Secretary shall accelerate efforts toward developing
innovative, efficient, and environmentally safe hydropower
turbines, including design of ``fish-friendly'' turbines, for use
on the Columbia River hydrosystem.
(2) Authorization of appropriations.--There is authorized to be
appropriated $12,000,000 to carry out this subsection.
(c) Implementation.--Nothing in this section affects the authority
of the Secretary to implement the results of the research and
development carried out under this section or any other law.
SEC. 512. COLUMBIA RIVER TREATY FISHING ACCESS.
Section 401(a) of the Act entitled ``An Act to establish procedures
for review of tribal constitutions and bylaws or amendments thereto
pursuant to the Act of June 18, 1934 (48 Stat. 987)'', approved
November 1, 1988 (102 Stat. 2944), is amended--
(1) by striking ``(a) All Federal'' and all that follows
through ``Columbia River Gorge Commission'' and inserting the
following:
``(a) Existing Federal Lands.--
``(1) In general.--All Federal lands that are included within
the 20 recommended treaty fishing access sites set forth in the
publication of the Corps of Engineers entitled `Columbia River
Treaty Fishing Access Sites Post Authorization Change Report',
dated April 1995,''; and
(2) by adding at the end the following:
``(2) Boundary adjustments.--The Secretary of the Army, in
consultation with affected tribes, may make such minor boundary
adjustments to the lands referred to in paragraph (1) as the
Secretary determines are necessary to carry out this title.''.
SEC. 513. GREAT LAKES CONFINED DISPOSAL FACILITIES.
(a) Assessment.--Pursuant to the responsibilities of the Secretary
under section 123 of the River and Harbor Act of 1970 (33 U.S.C.
1293a), 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. 514. 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. 515. GREAT LAKES REMEDIAL ACTION PLANS AND SEDIMENT REMEDIATION.
Section 401 of the Water Resources Development Act of 1990 (33
U.S.C. 1268 note; 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 may provide technical,
planning, and engineering assistance to State and local governments
and nongovernmental entities designated by a 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 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 projects of promising technologies to
remediate contaminated sediments in freshwater coastal regions in
the Great Lakes basin. The Secretary shall conduct not fewer than 3
full-scale projects under this subsection.
``(2) Site selection for projects.--In selecting the sites for
the technology 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 and
Wisconsin.
``(3) Deadline for identifications.--The Secretary shall--
``(A) not later than 18 months after the date of the
enactment of this paragraph, identify the sites and
technologies for projects under this subsection; and
``(B) not later than 3 years after that date, complete each
such full-scale project.
``(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.
``(c) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $5,000,000 for
each of fiscal years 1998 through 2000.''.
SEC. 516. SEDIMENT MANAGEMENT.
(a) In General.--The Secretary may enter into cooperation
agreements with non-Federal interests with respect to navigation
projects, or other appropriate non-Federal entities, for the
development of long-term management strategies for controlling
sediments at such projects.
(b) Contents of Strategies.--Each strategy developed under
subsection (a) shall--
(1) include assessments of 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) include a timetable for implementation of the strategy; and
(3) incorporate 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 subsection (a),
the Secretary shall consult with interested Federal agencies, States,
and Indian tribes and provide an opportunity for public comment.
(d) Dredged Material Disposal.--
(1) 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 that could accommodate as much as 250,000 cubic yards of
dredged material for the purpose of demonstrating the feasibility
of an underwater confined disposal pit as an environmentally
suitable method of containing certain sediments.
(2) Report.--The Secretary shall transmit to Congress a report
on the results of the study conducted under paragraph (1), together
with any recommendations of the Secretary that may be developed in
a strategy under subsection (a).
(e) Great Lakes Tributary Model.--
(1) In general.--In consultation and coordination with the
Great Lakes States, the Secretary shall develop a 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. Such model may be developed as a part of
a strategy developed under subsection (a).
(2) Requirements for models.--In developing a tributary
sediment transport model under this subsection, the Secretary shall
build on data and monitoring information generated in earlier
studies and programs of the Great Lakes and their tributaries.
(f) Great Lakes States Defined.--In this section, the term ``Great
Lakes States'' means the States of Illinois, Indiana, Michigan,
Minnesota, New York, Ohio, Pennsylvania, and Wisconsin.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $5,000,000 for
each of fiscal years 1998 through 2001.
SEC. 517. EXTENSION OF JURISDICTION OF MISSISSIPPI RIVER COMMISSION.
The jurisdiction of the Mississippi River Commission, established
by the 1st 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. 518. 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. 519. 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 determining the
feasibility of the public-private cooperative under subsection (a),
the Secretary shall provide 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 $3,000,000.
(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. 520. 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. 521. EARTHQUAKE PREPAREDNESS CENTER OF EXPERTISE EXPANSION.
Using existing resources, the Secretary shall expand the Earthquake
Preparedness Center of Expertise to address issues in the central
United States by providing the necessary capability at an existing
district office of the Corps of Engineers near the New Madrid fault.
SEC. 522. JACKSON COUNTY, ALABAMA.
(a) In General.--The Secretary may 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.
(b) Cost Sharing.--The Federal cost of assistance provided under
this section may not exceed $3,000,000. The non-Federal share of
assistance provided under this section shall be 25 percent.
SEC. 523. 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:
``(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. 524. HEBER SPRINGS, ARKANSAS.
(a) In General.--The Secretary shall enter into an agreement with
the city of Heber Springs, Arkansas, to provide 3,522 acre-feet of
water supply storage in Greers Ferry Lake, Arkansas, for municipal and
industrial purposes, at no cost to the city.
(b) Necessary Facilities.--The city of Heber Springs shall be
responsible for 100 percent of the costs of construction, operation,
and maintenance of any intake, transmission, treatment, or distribution
facility necessary for utilization of the water supply.
(c) Additional Water Supply Storage.--Any additional water supply
storage required after the date of the enactment of this Act shall be
contracted for and reimbursed by the city of Heber Springs, Arkansas.
SEC. 525. MORGAN POINT, ARKANSAS.
The Secretary shall accept as in-kind contributions for the project
for creation of fish and wildlife habitat at Morgan Point, Arkansas--
(1) the items described as fish and wildlife facilities and
land in the Morgan Point Bendway Closure Structure modification
report for the project, dated February 1994; and
(2) fish stocking activities carried out by the non-Federal
interests for the project;
if the Secretary determines that the items and activities are
compatible with the project.
SEC. 526. CALAVERAS COUNTY, CALIFORNIA.
(a) Technical Assistance.--The Secretary may provide technical
assistance to non-Federal interests, in cooperation with Federal and
State agencies, for reclamation and water quality 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 subsection (a) shall be 50 percent; except that, with
respect to projects located on lands owned by the United States, the
Federal share shall be 100 percent.
(d) Effect on Authority of Secretary of the Interior.--Nothing in
this section is intended to affect the authority of the Secretary of
the Interior under title IV of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1231 et seq.).
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $1,500,000.
SEC. 527. FAULKNER ISLAND, CONNECTICUT.
In consultation with the Director of the United States Fish and
Wildlife Service, the Secretary shall design and construct shoreline
protection measures for the coastline adjacent to the Faulkner Island
Lighthouse, Connecticut, at a total cost of $4,500,000.
SEC. 528. EVERGLADES AND SOUTH FLORIDA ECOSYSTEM RESTORATION.
(a) Definitions.--In this section, the following definitions apply:
(1) Central and southern florida project.--The term ``Central
and Southern Florida Project'' means the project for Central and
Southern Florida authorized under the heading ``central and
southern florida'' in section 203 of the Flood Control Act of 1948
(62 Stat. 1176), and any modification to the project authorized by
law.
(2) Commission.--The term ``Commission'' means the Governor's
Commission for a Sustainable South Florida, established by
Executive Order of the Governor dated March 3, 1994.
(3) Governor.--The term ``Governor'' means the Governor of the
State of Florida.
(4) South florida ecosystem.--The term ``South Florida
ecosystem'' means the area consisting of the lands and waters
within the boundary of the South Florida Water Management District,
including the Everglades, the Florida Keys, and the contiguous
near-shore coastal waters of South Florida.
(5) Task force.--The term ``Task Force'' means the South
Florida Ecosystem Restoration Task Force established by subsection
(f).
(b) Restoration Activities.--
(1) Comprehensive plan.--
(A) Development.--
(i) Purpose.--The Secretary shall develop, as
expeditiously as practicable, a proposed comprehensive plan
for the purpose of restoring, preserving, and protecting
the South Florida ecosystem. The comprehensive plan shall
provide for the protection of water quality in, and the
reduction of the loss of fresh water from, the Everglades.
The comprehensive plan shall include such features as are
necessary to provide for the water-related needs of the
region, including flood control, the enhancement of water
supplies, and other objectives served by the Central and
Southern Florida Project.
(ii) Considerations.--The comprehensive plan shall--
(I) be developed by the Secretary in cooperation
with the non-Federal project sponsor and in
consultation with the Task Force; and
(II) consider the conceptual framework specified in
the report entitled ``Conceptual Plan for the Central
and Southern Florida Project Restudy'', published by
the Commission and approved by the Governor.
(B) Submission.--Not later than July 1, 1999, the Secretary
shall--
(i) complete the feasibility phase of the Central and
Southern Florida Project comprehensive review study as
authorized by section 309(l) of the Water Resources
Development Act of 1992 (106 Stat. 4844), and by 2
resolutions of the Committee on Public Works and
Transportation of the House of Representatives, dated
September 24, 1992; and
(ii) submit to Congress the plan developed under
subparagraph (A)(i) consisting of a feasibility report and
a programmatic environmental impact statement covering the
proposed Federal action set forth in the plan.
(C) Additional studies and analyses.--Notwithstanding the
completion of the feasibility report under subparagraph (B),
the Secretary shall continue to conduct such studies and
analyses as are necessary, consistent with subparagraph (A)(i).
(2) Use of existing authority for unconstructed project
features.--The Secretary shall design and construct any features of
the Central and Southern Florida Project that are authorized on the
date of the enactment of this Act or that may be implemented in
accordance with the Secretary's authority to modify an authorized
project, including features authorized under sections 315 and 316,
with funds that are otherwise available, if the Secretary
determines that the design and construction--
(A) will accelerate the restoration, preservation, and
protection of the South Florida ecosystem;
(B) will be generally consistent with the conceptual
framework described in paragraph (1)(A)(ii)(II); and
(C) will be compatible with the overall authorized purposes
of the Central and Southern Florida Project.
(3) Critical restoration projects.--
(A) In general.--In addition to the activities described in
paragraphs (1) and (2), if the Secretary, in cooperation with
the non-Federal project sponsor and the Task Force, determines
that a restoration project for the South Florida ecosystem will
produce independent, immediate, and substantial restoration,
preservation, and protection benefits, and will be generally
consistent with the conceptual framework described in paragraph
(1)(A)(ii)(II), the Secretary shall proceed expeditiously with
the implementation of the restoration project.
(B) Initiation of projects.--After September 30, 1999, no
new projects may be initiated under subparagraph (A).
(C) Authorization of appropriations.--
(i) In general.--There is authorized to be appropriated
to the Department of the Army to pay the Federal share of
the cost of carrying out projects under subparagraph (A)
$75,000,000 for the period consisting of fiscal years 1997
through 1999.
(ii) Federal share.--The Federal share of the cost of
carrying out any 1 project under subparagraph (A) shall be
not more than $25,000,000.
(4) General provisions.--
(A) Water quality.--In carrying out activities described in
this subsection and sections 315 and 316, the Secretary--
(i) shall take into account the protection of water
quality by considering applicable State water quality
standards; and
(ii) may include in projects such features as are
necessary to provide water to restore, preserve, and
protect the South Florida ecosystem.
(B) Compliance with applicable law.--In carrying out the
activities described in this subsection and subsection (c), the
Secretary shall comply with any applicable Federal law,
including the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) and the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.).
(C) Public participation.--In developing the comprehensive
plan under paragraph (1) and carrying out the activities
described in this subsection and subsection (c), the Secretary
shall provide for public review and comment on the activities
in accordance with applicable Federal law.
(c) Integration of Other Activities.--
(1) In general.--In carrying out activities described in
subsection (b), the Secretary shall integrate such activities with
ongoing Federal and State projects and activities, including--
(A) the project for the ecosystem restoration of the
Kissimmee River, Florida, authorized by section 101 of the
Water Resources Development Act of 1992 (106 Stat. 4802);
(B) the project for modifications to improve water
deliveries into Everglades National Park authorized by section
104 of the Everglades National Park Protection and Expansion
Act of 1989 (16 U.S.C. 410r-8);
(C) activities under the Florida Keys National Marine
Sanctuary and Protection Act (16 U.S.C. 1433 note; 104 Stat.
3089); and
(D) the Everglades Construction Project of the State of
Florida.
(2) Statutory construction.--
(A) Existing authority.--Except as otherwise expressly
provided in this section, nothing in this section affects any
authority in effect on the date of the enactment of this Act,
or any requirement of the authority, relating to participation
in restoration activities in the South Florida ecosystem,
including the projects and activities specified in paragraph
(1), by--
(i) the Department of the Interior;
(ii) the Department of Commerce;
(iii) the Department of the Army;
(iv) the Environmental Protection Agency;
(v) the Department of Agriculture;
(vi) the State of Florida; and
(vii) the South Florida Water Management District.
(B) New authority.--Nothing in this section confers any new
regulatory authority on any Federal or non-Federal entity that
carries out any activity authorized by this section.
(d) Justification.--
(1) In general.--Notwithstanding section 209 of the Flood
Control Act of 1970 (42 U.S.C. 1962-2) or any other provision of
law, in carrying out the activities to restore, preserve, and
protect the South Florida ecosystem described in subsection (b),
the Secretary may determine that the activities--
(A) are justified by the environmental benefits derived by
the South Florida ecosystem in general and the Everglades and
Florida Bay in particular; and
(B) shall not need further economic justification if the
Secretary determines that the activities are cost-effective.
(2) Applicability.--Paragraph (1) shall not apply to any
separable element intended to produce benefits that are
predominantly unrelated to the restoration, preservation, and
protection of the South Florida ecosystem.
(e) Cost Sharing.--
(1) In general.--Except as provided in sections 315 and 316 and
paragraph (2), the non-Federal share of the cost of activities
described in subsection (b) shall be 50 percent.
(2) Water quality features.--
(A) In general.--Except as provided in subparagraph (B),
the non-Federal share of the cost of project features to
improve water quality described in subsection (b) shall be 100
percent.
(B) Exception.--
(i) In general.--Subject to clause (ii), if the
Secretary determines that a project feature to improve
water quality is essential to Everglades restoration, the
non-Federal share of the cost of the feature shall be 50
percent.
(ii) Applicability.--Clause (i) shall not apply to any
feature of the Everglades Construction Project of the State
of Florida.
(3) Operation and maintenance.--The operation and maintenance
of projects carried out under this section shall be a non-Federal
responsibility.
(4) Credit.--Regardless of the date of acquisition, the value
of lands or interests in land acquired by non-Federal interests for
any activity described in subsection (b) shall be included in the
total cost of the activity and credited against the non-Federal
share of the cost of the activity. Such value shall be determined
by the Secretary.
(f) South Florida Ecosystem Restoration Task Force.--
(1) Establishment and membership.--There is established the
South Florida Ecosystem Restoration Task Force, which shall consist
of the following members (or, in the case of a Federal agency, a
designee at the level of assistant secretary or an equivalent
level):
(A) The Secretary of the Interior, who shall serve as
chairperson.
(B) The Secretary of Commerce.
(C) The Secretary.
(D) The Attorney General.
(E) The Administrator of the Environmental Protection
Agency.
(F) The Secretary of Agriculture.
(G) The Secretary of Transportation.
(H) 1 representative of the Miccosukee Tribe of Indians of
Florida, to be appointed by the Secretary of the Interior based
on the recommendations of the tribal chairman.
(I) 1 representative of the Seminole Tribe of Florida, to
be appointed by the Secretary of the Interior based on the
recommendations of the tribal chairman.
(J) 2 representatives of the State of Florida, to be
appointed by the Secretary of the Interior based on the
recommendations of the Governor.
(K) 1 representative of the South Florida Water Management
District, to be appointed by the Secretary of the Interior
based on the recommendations of the Governor.
(L) 2 representatives of local government in the State of
Florida, to be appointed by the Secretary of the Interior based
on the recommendations of the Governor.
(2) Duties of task force.--The Task Force--
(A) shall consult with, and provide recommendations to, the
Secretary during development of the comprehensive plan under
subsection (b)(1);
(B) shall coordinate the development of consistent
policies, strategies, plans, programs, projects, activities,
and priorities for addressing the restoration, preservation,
and protection of the South Florida ecosystem;
(C) shall exchange information regarding programs,
projects, and activities of the agencies and entities
represented on the Task Force to promote ecosystem restoration
and maintenance;
(D) shall establish a Florida-based working group which
shall include representatives of the agencies and entities
represented on the Task Force as well as other governmental
entities as appropriate for the purpose of formulating,
recommending, coordinating, and implementing the policies,
strategies, plans, programs, projects, activities, and
priorities of the Task Force;
(E) may, and the working group described in subparagraph
(D), may--
(i) establish such advisory bodies as are necessary to
assist the Task Force in its duties, including public
policy and scientific issues; and
(ii) select as an advisory body any entity, such as the
Commission, that represents a broad variety of private and
public interests;
(F) shall facilitate the resolution of interagency and
intergovernmental conflicts associated with the restoration of
the South Florida ecosystem among agencies and entities
represented on the Task Force;
(G) shall coordinate scientific and other research
associated with the restoration of the South Florida ecosystem;
(H) shall provide assistance and support to agencies and
entities represented on the Task Force in their restoration
activities;
(I) shall prepare an integrated financial plan and
recommendations for coordinated budget requests for the funds
proposed to be expended by agencies and entities represented on
the Task Force for the restoration, preservation, and
protection of the South Florida ecosystem; and
(J) shall submit a biennial report to Congress that
summarizes--
(i) the activities of the Task Force;
(ii) the policies, strategies, plans, programs,
projects, activities, and priorities planned, developed, or
implemented for the restoration of the South Florida
ecosystem; and
(iii) progress made toward the restoration.
(3) Procedures and advice.--
(A) Public participation.--
(i) In general.--The Task Force shall implement
procedures to facilitate public participation in the
advisory process, including providing advance notice of
meetings, providing adequate opportunity for public input
and comment, maintaining appropriate records, and making a
record of the proceedings of meetings available for public
inspection.
(ii) Oversight.--The Secretary of the Interior shall
ensure that the procedures described in clause (i) are
adopted and implemented and that the records described in
clause (i) are accurately maintained and available for
public inspection.
(B) Advisors to the task force and working group.--The Task
Force or the working group described in paragraph (2)(D) may
seek advice and input from any interested, knowledgeable, or
affected party as the Task Force or working group,
respectively, determines necessary to perform the duties
described in paragraph (2).
(C) Application of the federal advisory committee act.--
(i) Task force and working group.--The Task Force and
the working group shall not be considered advisory
committees under the Federal Advisory Committee Act (5
U.S.C. App.).
(ii) Advisors.--Seeking advice and input under
subparagraph (B) shall not be subject to the Federal
Advisory Committee Act (5 U.S.C. App.).
(4) Compensation.--A member of the Task Force shall receive no
compensation for the service of the member on the Task Force.
(5) Travel expenses.--Travel expenses incurred by a member of
the Task Force in the performance of services for the Task Force
shall be paid by the agency, tribe, or government that the member
represents.
SEC. 529. TAMPA, FLORIDA.
The Secretary may enter into a cooperative agreement under section
229 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. 530. 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,
including 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--
(1) sediment flow into Deep River, Turkey Creek, and other
tributaries;
(2) control of sediment quality in Lake George;
(3) flooding problems;
(4) the safety of the Lake George Dam; and
(5) watershed management.
SEC. 531. SOUTHERN AND EASTERN KENTUCKY.
(a) Establishment of Program.--The Secretary may establish a
program for providing environmental assistance to non-Federal interests
in southern and eastern Kentucky.
(b) Form of Assistance.--Assistance 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 southern and eastern Kentucky, including projects for
wastewater treatment and related facilities, water supply and related
facilities, and surface water resource protection and development.
(c) Public Ownership Requirement.--The Secretary may provide
assistance for a project under this section only if the project is
publicly owned.
(d) 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
such legal and institutional structures as are necessary to
ensure 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. The Federal share
may be in the form of grants or reimbursements of project
costs.
(B) Credit for design work.--The non-Federal interest shall
receive credit for the reasonable costs of design work
completed by such interest before entering into the agreement
with the Secretary.
(C) Credit for certain financing costs.--In the event of a
delay 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.
(D) 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 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.
(E) Operation and maintenance.--The non-Federal share of
operation and maintenance costs for projects constructed under
an agreement entered into under this subsection shall be 100
percent.
(e) 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 that would
otherwise apply to a project to be carried out with assistance provided
under this section.
(f) 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.
(g) Southern and Eastern Kentucky Defined.--In 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.
(h) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000.
SEC. 532. COASTAL WETLANDS RESTORATION PROJECTS, LOUISIANA.
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), upon approval of the
conservation plan under section 304 and a determination by the
Secretary that a reduction in the non-Federal share is warranted,
amounts made available in accordance with section 306 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. 533. SOUTHEAST LOUISIANA.
(a) Flood Control.--The Secretary shall 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 dates of 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).
(d) Additional Obligations.--No funds may be obligated in excess of
the amount authorized by subsection (c) for the projects for flood
control and improvements to rainfall drainage systems authorized by
subsection (a) until the Corps of Engineers determines that the
additional work to be carried out with such funds is technically sound,
environmentally acceptable, and economic, as applicable.
SEC. 534. ASSATEAGUE ISLAND, MARYLAND AND VIRGINIA.
(a) 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 shoreline restoration feature. The
Secretary shall allocate costs for the project feature pursuant to
section 111 of the River and Harbor Act of 1968 (33 U.S.C. 426i; 82
Stat. 735).
(b) Coordination.--In carrying out the project under this section,
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.
(c) Funding.--There is authorized to be appropriated to carry out
this section $35,000,000.
SEC. 535. CUMBERLAND, MARYLAND.
The Secretary may 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. 536. WILLIAM JENNINGS RANDOLPH ACCESS ROAD, GARRETT COUNTY,
MARYLAND.
The Secretary shall transfer up to $600,000 to the State of
Maryland for use by the State in constructing an access road to the
William Jennings Randolph Lake in Garrett County, Maryland.
SEC. 537. POPLAR ISLAND, MARYLAND.
The Secretary shall carry out a project for the beneficial use of
dredged material at Poplar Island, Maryland, substantially in
accordance with, and subject to the conditions described in, the report
of the Secretary dated September 3, 1996, at a total cost of
$307,000,000, with an estimated Federal cost of $230,000,000 and an
estimated non-Federal cost of $77,000,000. The project shall be carried
out under the policies and cooperative agreement requirements of
section 204 of the Water Resources Development Act of 1992 (33 U.S.C.
2326), except that subsection (e) of such section shall not apply to
the project authorized by this section.
SEC. 538. 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. 539. RESTORATION PROJECTS FOR MARYLAND, PENNSYLVANIA, AND WEST
VIRGINIA.
(a) In General.--
(1) Technical assistance.--The Secretary may provide technical
assistance to non-Federal interests, in cooperation with Federal
and State agencies, for reclamation and water quality 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 subsection (a)(1) shall be 50 percent; except that,
with respect to projects located on lands owned by the United States,
the Federal share shall be 100 percent.
(c) Effect on Authority of Secretary of the Interior.--Nothing in
this section is intended to affect the authority of the Secretary of
the Interior under title IV of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1231 et seq.).
(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $1,500,000 for projects
undertaken under subsection (a)(1)(A) and $1,500,000 for projects
undertaken under subsection (a)(1)(B).
SEC. 540. CONTROL OF AQUATIC PLANTS, MICHIGAN, PENNSYLVANIA, AND
VIRGINIA AND NORTH CAROLINA.
The Secretary shall carry out under section 104 of the River and
Harbor Act of 1958 (33 U.S.C. 610)--
(1) a program to control aquatic plants in Lake St. Clair,
Michigan;
(2) a program to control aquatic plants in the Schuylkill
River, Philadelphia, Pennsylvania; and
(3) a program to control aquatic plants in Lake Gaston,
Virginia and North Carolina.
SEC. 541. 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 to carry out this section $1,000,000.
SEC. 542. LAKE SUPERIOR CENTER, MINNESOTA.
(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 the construction of the facility under subsection (a)
$10,000,000.
SEC. 543. 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 damage, 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 Agreements.--In conducting the study and developing
the strategy under this section, the Secretary may enter into
cooperation agreements to provide financial assistance to appropriate
Federal, State, and local government agencies, including assistance 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. 544. COLDWATER RIVER WATERSHED, MISSISSIPPI.
Not later than 6 months after the date of the enactment of this
Act, the Secretary shall initiate all remaining work associated with
the Coldwater River Watershed Demonstration Erosion Control Project, as
authorized by the Act entitled ``An Act making appropriations to
provide productive employment for hundreds of thousands of jobless
Americans, to hasten or initiate Federal projects and construction of
lasting value to the Nation and its citizens, and to provide
humanitarian assistance to the indigent for fiscal year 1983, and for
other purposes'', approved March 24, 1983 (97 Stat. 13).
SEC. 545. NATCHEZ BLUFFS, MISSISSIPPI.
The Secretary shall carry out the project for bluff stabilization,
Natchez Bluffs, Natchez, Mississippi, substantially in accordance with
the Natchez Bluffs Study, dated September 1985, the Natchez Bluffs
Study: Supplement I, dated June 1990, and the Natchez Bluffs Study:
Supplement II, dated December 1993, 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. The project shall be carried out in the
portions of the bluffs described in the studies specified in the
preceding sentence as Clifton Avenue, area 3; Bluff above Silver
Street, area 6; Bluff above Natchez Under-the-Hill, area 7; and Madison
Street to State Street, area 4.
SEC. 546. 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. 547. ST. CHARLES COUNTY, MISSOURI, FLOOD PROTECTION.
(a) In General.--Notwithstanding any other provision of law
(including any 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 the national flood insurance program
established under chapter 1 of the National Flood Insurance Act of 1968
(42 U.S.C. 4011 et seq.) suspended, revoked, or otherwise affected
solely due to that county's or community's 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) Permits.--The permit issued under section 404 of the Federal
Water Pollution Control Act (33 U.S.C. 1344) numbered P-1972,
authorizing the reshaping and realignment of an existing levee, shall
be considered adequate to allow the raising of levees under subsection
(a).
SEC. 548. 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. 549. LIBBY DAM, MONTANA.
(a) In General.--In accordance with section 103(c)(1) of the Water
Resources Development Act of 1986 (33 U.S.C. 2213(c)(1)), the Secretary
shall--
(1) complete the construction and installation of generating
units 6 through 8 at Libby Dam, Montana; and
(2) remove the partially constructed haul bridge over the
Kootenai River, Montana.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $16,000,000. Such sums shall
remain available until expended.
SEC. 550. 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. 551. HUDSON RIVER HABITAT RESTORATION, NEW YORK.
(a) Habitat Restoration.--The Secretary shall expedite the
feasibility study of the Hudson River Habitat Restoration, Hudson River
Basin, New York, and may carry out not fewer than 4 projects for
habitat restoration in the Hudson River Basin, to the extent the
Secretary determines such work to be advisable and technically
feasible. Such projects shall be designed to--
(1) assess and improve habitat value and environmental outputs
of recommended projects;
(2) 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 of 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. 552. NEW YORK CITY WATERSHED.
(a) Environmental Assistance Program.--
(1) Establishment.--The Secretary shall establish a program for
providing environmental assistance to non-Federal interests in the
New York City Watershed.
(2) Form of assistance.--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 that
preserve and enhance the economic and social character of the
communities in the New York City Watershed.
(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 communities in the New
York City Watershed 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 Federal share may be in the
form of grants or reimbursements of project costs.
(2) Credit for design work.--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.
(3) Credit for interest.--In the event of a delay 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.
(4) 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
publicly owned or controlled lands), but not to exceed 25 percent
of total project costs.
(5) Operation and maintenance.--The non-Federal share of
operation and maintenance costs for projects constructed with
assistance provided under this section shall be 100 percent.
(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.--In 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, New York, that 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 $22,500,000.
SEC. 553. NEW YORK STATE CANAL SYSTEM.
(a) In General.--The Secretary may make capital improvements to the
New York State Canal System.
(b) Agreements.--The Secretary, with the consent of appropriate
local and State entities, shall 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 $8,000,000.
SEC. 554. ORCHARD BEACH, BRONX, NEW YORK.
The Secretary shall conduct a study for a project for shoreline
protection, Orchard Beach, Bronx, New York, and, if the Secretary
determines that the project is feasible, may carry out the project, at
a maximum Federal cost of $5,200,000.
SEC. 555. DREDGED MATERIAL CONTAINMENT FACILITY FOR PORT OF NEW YORK-
NEW JERSEY.
(a) In General.--The Secretary may 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.
(b) Cost Sharing.--The costs associated with feasibility studies,
design, engineering, and construction under this section shall be
shared with the non-Federal interest in accordance with section 101 of
the Water Resources Development Act of 1986 (33 U.S.C. 2211).
(c) Public Benefit.--After the facility constructed under
subsection (a) has been filled to capacity with dredged material, the
Secretary shall maintain the facility for the public benefit.
SEC. 556. 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) as of the date of the enactment of this Act, lies between
the southerly high water line of Anable Basin (also known as the
``11th Street Basin'') and the northerly high water line of Newtown
Creek; and
(3) extends from the high water line (as of such date of
enactment) 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. 557. JAMESTOWN DAM AND PIPESTEM DAM, NORTH DAKOTA.
(a) Revisions to Water Control Manuals.--In consultation with the
States of North Dakota and South Dakota and the James River Water
Development District, the Secretary shall review and consider revisions
to the water control manuals for the Jamestown Dam and Pipestem Dam,
North Dakota, to modify operation of the dams so as to reduce the
magnitude and duration of flooding and inundation of land located
within the 10-year floodplain along the James River in North Dakota and
South Dakota.
(b) Feasibility Study.--
(1) In general.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall--
(A) complete a study to determine the feasibility of
providing flood protection for the land referred to in
subsection (a); and
(B) submit a report on the study to Congress.
(2) Considerations.--In carrying out paragraph (1), the
Secretary shall consider all reasonable project-related and other
options.
SEC. 558. NORTHEASTERN OHIO.
The Secretary may provide technical assistance to local interests
for 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 50 percent.
SEC. 559. OHIO RIVER GREENWAY.
(a) Expedited Completion of Study.--The Secretary shall expedite
the completion of the study for a project 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. GRAND LAKE, OKLAHOMA.
(a) Study.--Not later than 1 year after the date of the enactment
of this Act, the Secretary shall carry out and complete a study of
flooding 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
that 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 may 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 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.
(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. 561. 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.--
``(1) Federal share.--The Federal share of the cost of the
activities conducted under the cooperative agreement entered into
under subsection (a)--
``(A) shall be 75 percent; and
``(B) may be in the form of grants or reimbursements of
project costs.
``(2) Non-federal share.--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,
as determined by the Secretary.''; and
(2) in subsection (c) by striking ``$5,500,000'' and inserting
``$11,000,000''.
SEC. 562. 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 modification will provide
environmental restoration benefits in meeting instream flow needs in
the Susquehanna River basin.
SEC. 563. HOPPER DREDGE MCFARLAND.
(a) Project Authorization.--
(1) Determination.--The Secretary shall determine the
advisability and necessity of making modernization and efficiency
improvements to the hopper dredge McFarland. In making such
determination, the Secretary shall--
(A) assess the need for returning the dredge to active
service;
(B) determine whether the McFarland should be returned to
active service or the reserve fleet after the potential
improvements are completed and paid for; and
(C) establish minimum standards of dredging service to be
met in areas served by the McFarland while the dredge is
undergoing improvements.
(2) Authorization.--If the Secretary determines under paragraph
(1) that such modernization and efficiency improvements are
advisable and necessary, the Secretary may carry out the
modernization and efficiency improvements. The Secretary may carry
out such improvements only at the Philadelphia Naval Shipyard,
Pennsylvania.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $20,000,000.
SEC. 564. PHILADELPHIA, PENNSYLVANIA.
(a) Water Works Restoration.--
(1) In general.--Upon completion of a report by the Corps of
Engineers that such work is technically sound, environmentally
acceptable, and economic, as applicable, 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.
(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 rehabilitation of the Schuylkill Navigation
Canal at Manayunk.
(2) Limitation on federal share.--The Federal share of the cost
of the rehabilitation under paragraph (1) shall not exceed $300,000
for each fiscal year.
(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.--Upon completion of a report by the Corps of
Engineers that such work is technically sound, environmentally
acceptable, and economic, as applicable, the Secretary may provide
technical, planning, design, and construction assistance for the
Schuylkill River Park, Philadelphia, Pennsylvania.
(2) Funding.--There is authorized to be appropriated to carry
out this subsection $2,700,000.
(d) Pennypack Park.--
(1) Assistance.--Upon completion of a report by the Corps of
Engineers that such work is technically sound, environmentally
acceptable, and economic, as applicable, the Secretary may 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 to carry
out this subsection $15,000,000.
(e) Frankford Dam.--
(1) Cooperation agreements.--The Secretary may 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 to carry
out this subsection $900,000.
SEC. 565. 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. 566. SOUTHEASTERN PENNSYLVANIA.
(a) Establishment of Program.--The Secretary may establish a pilot
program for providing environmental assistance to non-Federal interests
in southeastern Pennsylvania.
(b) Form of Assistance.--Assistance 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 southeastern Pennsylvania, including projects for waste
water treatment and related facilities, water supply and related
facilities, and surface water resource protection and development.
(c) Public Ownership Requirement.--The Secretary may provide
assistance for a project under this section only if the project is
publicly owned.
(d) 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
such legal and institutional structures as are necessary to
ensure 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
Federal share may be in the form of grants or reimbursements of
project costs.
(B) Credit for design work.--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.
(C) Credit for interest.--In the event of a delay 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.
(D) 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.
(E) Operation and maintenance.--The non-Federal share of
operation and maintenance costs for projects constructed with
assistance provided under this section shall be 100 percent.
(e) 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 that would
otherwise apply to a project to be carried out with assistance provided
under this section.
(f) 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.
(g) Southeastern Pennsylvania Defined.--In this section, the term
``southeastern Pennsylvania'' means Philadelphia, Bucks, Chester,
Delaware, and Montgomery Counties, Pennsylvania.
(h) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $25,000,000.
SEC. 567. 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 damage, 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 $8,000,000.
(2) The Susquehanna River watershed upstream of the Chemung
River, New York, at an estimated Federal cost of $5,000,000.
(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 may enter into
cooperation agreements to provide financial assistance to appropriate
Federal, State, and local government agencies, including assistance 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. 568. WILLS CREEK, HYNDMAN, PENNSYLVANIA.
The Secretary may carry out a project for flood control, Wills
Creek, Borough of Hyndman, Pennsylvania, at an estimated total cost of
$5,000,000.
SEC. 569. 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. 570. DREDGED MATERIAL CONTAINMENT FACILITY FOR PORT OF PROVIDENCE,
RHODE ISLAND.
(a) In General.--The Secretary may 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 Providence, Rhode Island.
(b) Cost Sharing.--The costs associated with feasibility studies,
design, engineering, and construction shall be shared with the non-
Federal interest in accordance with section 101 of the Water Resources
Development Act of 1986 (33 U.S.C. 2211).
(c) Public Benefit.--After the facility constructed under
subsection (a) has been filled to capacity with dredged material, the
Secretary shall maintain the facility for the public benefit.
SEC. 571. QUONSET POINT-DAVISVILLE, RHODE ISLAND.
The Secretary shall replace the bulkhead between piers 1 and 2 at
the Quonset Point-Davisville Industrial Park, Rhode Island, at a total
cost of $1,350,000, with an estimated Federal cost of $1,012,500 and an
estimated non-Federal cost of $337,500. In conjunction with this
project, the Secretary shall install high mast lighting at pier 2 at a
total cost of $300,000, with an estimated Federal cost of $225,000 and
an estimated non-Federal cost of $75,000.
SEC. 572. EAST RIDGE, TENNESSEE.
The Secretary shall conduct a limited reevaluation of the flood
management study for the East Ridge and Hamilton County area,
Tennessee, undertaken by the Tennessee Valley Authority and may carry
out the project at an estimated total cost of up to $25,000,000.
SEC. 573. MURFREESBORO, TENNESSEE.
The Secretary may 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. 574. TENNESSEE RIVER, HAMILTON COUNTY, TENNESSEE.
The Secretary shall conduct a study for a project for bank
stabilization, Tennessee River, Hamilton County, Tennessee, and, if the
Secretary determines that the project is feasible, may carry out the
project, at a maximum Federal cost of $7,500,000.
SEC. 575. 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 Basin, Texas,
authorized by section 203 of the Flood Control Act of 1954 (68
Stat. 1258);
(2) 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); and
(3) 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).
SEC. 576. 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. 577. TANGIER ISLAND, VIRGINIA.
(a) In General.--The Secretary shall 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.
(b) Cost-Benefit Ratio.--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. 578. PIERCE COUNTY, WASHINGTON.
(a) Provision of Technical Assistance.--The Secretary shall provide
technical assistance to Pierce County, Washington, to address measures
that are necessary to ensure 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).
(b) Purpose of Assistance.--The purpose of the assistance under
this section shall be to provide a review of the requirements of the
Puyallup Tribe of Indians Settlement Act of 1989 (25 U.S.C. 1773 et
seq.; 103 Stat. 83) and standards for project maintenance and
vegetation management used by the Secretary in order to determine
eligibility for levee rehabilitation assistance and, if appropriate, to
amend such standards as needed to make non-Federal levees eligible for
assistance that may be necessary as a result of future flooding.
SEC. 579. GREENBRIER RIVER BASIN, WEST VIRGINIA, FLOOD PROTECTION.
(a) In General.--The Secretary may 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 such communities a level
of protection against flooding sufficient to reduce future losses to
such 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 floodproofing.
(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) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $12,000,000.
SEC. 580. LOWER MUD RIVER, MILTON, WEST VIRGINIA.
The Secretary shall conduct a limited reevaluation of 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 may carry out the project.
SEC. 581. WEST VIRGINIA AND PENNSYLVANIA FLOOD CONTROL.
(a) In General.--The Secretary may design and construct flood
control measures in the Cheat and Tygart River Basins, West Virginia,
and the Lower Allegheny, Lower Monongahela, West Branch Susquehanna,
and Juniata 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 a 100-year
level of flood protection.
(b) Priority Communities.--In carrying out this section, the
Secretary shall give priority to the communities of--
(1) Parsons and Rowlesburg, West Virginia, in the Cheat River
Basin;
(2) Bellington and Phillipi, West Virginia, in the Tygart River
Basin;
(3) Connellsville, Pennsylvania, in the Lower Monongahela River
Basin;
(4) Benson, Hooversville, Clymer, and New Bethlehem,
Pennsylvania, in the Lower Allegheny River Basin;
(5) Patton, Barnesboro, Coalport, and Spangler, Pennsylvania,
in the West Branch Susquehanna River Basin; and
(6) Bedford, Linds Crossings, and Logan Township in the Juniata
River Basin.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $12,000,000.
SEC. 582. SITE DESIGNATION.
Section 102(c)(4) of the Marine Protection, Research, and
Sanctuaries Act of 1972 (33 U.S.C. 1412(c)(4)) is amended--
(1) by inserting after ``for a site'' the following: ``(other
than the site located off the coast of Newport Beach, California,
which is known as `LA-3')''; and
(2) by adding at the end the following: ``Beginning January 1,
2000, no permit for dumping pursuant to this Act or authorization
for dumping under section 103(e) shall be issued for the site
located off the coast of Newport Beach, California, which is known
as `LA-3', unless such site has received a final designation
pursuant to this subsection or an alternative site has been
selected pursuant to section 103(b).''.
SEC. 583. LONG ISLAND SOUND.
Section 119(e) of the Federal Water Pollution Control Act (33
U.S.C. 1269(e)) is amended by striking ``1996'' each place it appears
and inserting ``2001''.
SEC. 584. WATER MONITORING STATION.
(a) Assistance.--The Secretary shall provide assistance to non-
Federal interests for reconstruction of the water monitoring station on
the North Fork of the Flathead River, Montana.
(b) Funding.--There is authorized to be appropriated to carry out
this section $50,000.
SEC. 585. OVERFLOW MANAGEMENT FACILITY.
(a) Assistance.--The Secretary shall provide assistance to the
Narragansett Bay Commission for the construction of a combined river
overflow management facility in Rhode Island.
(b) Funding.--There is authorized to be appropriated to carry out
this section $30,000,000.
SEC. 586. PRIVATIZATION OF INFRASTRUCTURE ASSETS.
(a) In General.--Notwithstanding the provisions of title II of the
Federal Water Pollution Control Act (33 U.S.C. 1281 et seq.), Executive
Order 12803, or any other law or authority, an entity that received
Federal grant assistance for an infrastructure asset under the Federal
Water Pollution Control Act shall not be required to repay any portion
of the grant upon the lease or concession of the asset only if--
(1) ownership of the asset remains with the entity that
received the grant; and
(2) the Administrator of the Environmental Protection Agency
determines that the lease or concession furthers the purposes of
such Act and approves the lease or concession.
(b) Limitation.--The Administrator shall not approve a total of
more than 5 leases and concessions under this section.
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),''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.