[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 640 Engrossed in Senate (ES)]
104th CONGRESS
2d Session
S. 640
_______________________________________________________________________
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.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definition of Secretary.
TITLE I--WATER RESOURCES PROJECTS
Sec. 101. Project authorizations.
Sec. 102. Project modifications.
Sec. 103. Project deauthorizations.
Sec. 104. Studies.
TITLE II--PROJECT-RELATED PROVISIONS
Sec. 201. Grand Prairie Region and Bayou Meto Basin, Arkansas.
Sec. 202. Heber Springs, Arkansas.
Sec. 203. Morgan Point, Arkansas.
Sec. 204. White River Basin Lakes, Arkansas and Missouri.
Sec. 205. Central and Southern Florida.
Sec. 206. West Palm Beach, Florida.
Sec. 207. Everglades and South Florida ecosystem restoration.
Sec. 208. Arkansas City and Winfield, Kansas.
Sec. 209. Mississippi River-Gulf Outlet, Louisiana.
Sec. 210. Coldwater River Watershed, Mississippi.
Sec. 211. Periodic maintenance dredging for Greenville Inner Harbor
Channel, Mississippi.
Sec. 212. Sardis Lake, Mississippi.
Sec. 213. Yalobusha River Watershed, Mississippi.
Sec. 214. Libby Dam, Montana.
Sec. 215. Small flood control project, Malta, Montana.
Sec. 216. Cliffwood Beach, New Jersey.
Sec. 217. Fire Island Inlet, New York.
Sec. 218. Queens County, New York.
Sec. 219. Buford Trenton Irrigation District, North Dakota and Montana.
Sec. 220. Jamestown Dam and Pipestem Dam, North Dakota.
Sec. 221. Wister Lake project, LeFlore County, Oklahoma.
Sec. 222. Willamette River, McKenzie Subbasin, Oregon.
Sec. 223. Abandoned and wrecked barge removal, Rhode Island.
Sec. 224. Providence River and Harbor, Rhode Island.
Sec. 225. Cooper Lake and Channels, Texas.
Sec. 226. Rudee Inlet, Virginia Beach, Virginia.
Sec. 227. Virginia Beach, Virginia.
TITLE III--GENERAL PROVISIONS
Sec. 301. Cost-sharing for environmental projects.
Sec. 302. Collaborative research and development.
Sec. 303. National dam safety program.
Sec. 304. Hydroelectric power project uprating.
Sec. 305. Federal lump-sum payments for Federal operation and
maintenance costs.
Sec. 306. Cost-sharing for removal of existing project features.
Sec. 307. Termination of technical advisory committee.
Sec. 308. Conditions for project deauthorizations.
Sec. 309. Participation in international engineering and scientific
conferences.
Sec. 310. Research and development in support of Army civil works
program.
Sec. 311. Interagency and international support authority.
Sec. 312. Section 1135 program.
Sec. 313. Environmental dredging.
Sec. 314. Feasibility studies.
Sec. 315. Obstruction removal requirement.
Sec. 316. Levee owners manual.
Sec. 317. Risk-based analysis methodology.
Sec. 318. Sediments decontamination technology.
Sec. 319. Melaleuca tree.
Sec. 320. Faulkner Island, Connecticut.
Sec. 321. Designation of lock and dam at the Red River Waterway,
Louisiana.
Sec. 322. Jurisdiction of Mississippi River Commission, Louisiana.
Sec. 323. William Jennings Randolph access road, Garrett County,
Maryland.
Sec. 324. Arkabutla Dam and Lake, Mississippi.
Sec. 325. New York State canal system.
Sec. 326. Quonset Point-Davisville, Rhode Island.
Sec. 327. Clouter Creek disposal area, Charleston, South Carolina.
Sec. 328. Nuisance aquatic vegetation in Lake Gaston, Virginia and
North Carolina.
Sec. 329. Washington Aqueduct.
Sec. 330. Chesapeake Bay environmental restoration and protection
program.
Sec. 331. Research and development program to improve salmon survival.
Sec. 332. Recreational user fees.
Sec. 333. Shore protection.
Sec. 334. Shoreline erosion control demonstration.
Sec. 335. Review period for State and Federal agencies.
Sec. 336. Dredged material disposal facilities.
Sec. 337. Applicability of cost-sharing provisions.
Sec. 338. Section 215 reimbursement limitation per project.
Sec. 339. Waiver of uneconomical cost-sharing requirement.
Sec. 340. Planning assistance to States.
Sec. 341. Recovery of costs for cleanup of hazardous substances.
Sec. 342. City of North Bonneville, Washington.
Sec. 343. Columbia River Treaty Fishing Access.
Sec. 344. Tri-Cities area, Washington.
Sec. 345. Designation of locks and dams on Tennessee-Tombigbee
Waterway.
Sec. 346. Designation of J. Bennett Johnston Waterway.
Sec. 347. Technical corrections.
SEC. 2. DEFINITION OF SECRETARY.
In this Act, the term ``Secretary'' means the Secretary of the
Army.
TITLE I--WATER RESOURCES PROJECTS
SEC. 101. PROJECT AUTHORIZATIONS.
(a) Projects With Reports.--Except as otherwise 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, recommended in the respective reports designated in
this subsection:
(1) Humboldt harbor and bay, california.--The project for
navigation, Humboldt Harbor and Bay, California: Report of the
Chief of Engineers, dated October 30, 1995, at a total cost of
$15,180,000, with an estimated Federal cost of $10,116,000 and
an estimated non-Federal cost of $5,064,000.
(2) Marin county shoreline, san rafael canal, california.--
The project for hurricane and storm damage reduction, Marin
County Shoreline, San Rafael Canal, California: Report of the
Chief of Engineers, dated January 28, 1994, at a total cost of
$27,200,000, with an estimated Federal cost of $17,700,000 and
an estimated non-Federal cost of $9,500,000.
(3) 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 $16,100,000,
with an estimated Federal cost of $8,100,000 and an estimated
non-Federal cost of $8,000,000 and the 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.
(4) Santa barbara harbor, santa barbara county,
california.--The project for navigation, Santa Barbara Harbor,
Santa Barbara, California: Report of the Chief of Engineers,
dated April 26, 1994, at a total cost of $5,720,000, with an
estimated Federal cost of $4,580,000 and an estimated non-
Federal cost of $1,140,000.
(5) 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 October 1994,
at a total cost of $18,820,000, with an estimated Federal cost
of $14,120,000 and an estimated non-Federal cost of $4,700,000.
(6) Palm valley bridge replacement, st. johns county,
florida.--The project for navigation, Palm Valley Bridge,
County Road 210, over the Atlantic Intracoastal Waterway in St.
Johns County, Florida: Report of the Chief of Engineers, dated
June 24, 1994, at a total Federal cost of $15,312,000. As a
condition of receipt of Federal funds, St. Johns County shall
assume full ownership of the replacement bridge, including all
associated operation, maintenance, repair, replacement, and
rehabilitation costs.
(7) Illinois shoreline storm damage reduction, wilmette to
illinois and indiana state line.--The project for lake level
flooding and storm damage reduction, extending from Wilmette,
Illinois, to the Illinois and Indiana State line: Report of the
Chief of Engineers, dated April 14, 1994, at a total cost of
$204,000,000, with an estimated Federal cost of $110,000,000
and an estimated non-Federal cost of $94,000,000. The Secretary
shall reimburse the non-Federal interest for the Federal share
of any costs that the non-Federal interest incurs in
constructing the breakwater near the South Water Filtration
Plant, Chicago, Illinois.
(8) Kentucky lock addition, kentucky.--The project for
navigation, Kentucky Lock Addition, Kentucky: Report of the
Chief of Engineers, dated June 1, 1992, at a total cost of
$467,000,000. The construction costs of the project shall be
paid--
(A) 50 percent from amounts appropriated from the
general fund of the Treasury; and
(B) 50 percent from amounts appropriated from the
Inland Waterways Trust Fund established by section 9506
of the Internal Revenue Code of 1986.
(9) Pond creek, kentucky.--The project for flood control,
Pond Creek, Kentucky: Report of the Chief of Engineers, dated
June 28, 1994, at a total cost of $16,865,000, with an
estimated Federal cost of $11,243,000 and an estimated non-
Federal cost of $5,622,000.
(10) Wolf creek hydropower, cumberland river, kentucky.--
The project for hydropower, Wolf Creek Dam and Lake Cumberland,
Kentucky: Report of the Chief of Engineers, dated June 28,
1994, at a total cost of $50,230,000. Funds derived by the
Tennessee Valley Authority from the power program of the
Authority and funds derived from any private or public entity
designated by the Southeastern Power Administration may be used
for all or part of any cost-sharing requirements for the
project.
(11) Port fourchon, louisiana.--The project for navigation,
Port Fourchon, Louisiana: Report of the Chief of Engineers,
dated April 7, 1995, at a total cost of $2,812,000, with an
estimated Federal cost of $2,211,000 and an estimated non-
Federal cost of $601,000.
(12) West bank hurricane protection levee, jefferson
parish, louisiana.--The West Bank Hurricane Protection Levee,
Jefferson Parish, Louisiana project, authorized by section
401(b) of the Water Resources Development Act of 1986 (Public
Law 99-662; 100 Stat. 4128), is modified to authorize the
Secretary to extend protection to areas east of the Harvey
Canal, including an area east of the Algiers Canal: Report of
the Chief of Engineers, dated May 1, 1995, at a total cost of
$217,000,000, with an estimated Federal cost of $141,400,000
and an estimated non-Federal cost of $75,600,000.
(13) Stabilization of natchez bluffs, mississippi.--The
project for bluff stabilization, Natchez Bluffs, Natchez,
Mississippi: Natchez Bluffs Study, dated September 1985,
Natchez Bluffs Study: Supplement I, dated June 1990, and
Natchez Bluffs Study: Supplement II, dated December 1993, in
the portions of the bluffs described in the reports designated
in this paragraph 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, 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.
(14) Wood river at grand island, nebraska.--The project for
flood control, Wood River at Grand Island, Nebraska: Report of
the Chief of Engineers, dated May 3, 1994, at a total cost of
$10,500,000, with an estimated Federal cost of $5,250,000 and
an estimated non-Federal cost of $5,250,000.
(15) Atlantic coast of long island, new york.--The project
for hurricane and 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.
(16) Wilmington harbor, cape fear-northeast cape fear
rivers, north carolina.--The project for navigation, Wilmington
Harbor, Cape Fear-Northeast Cape Fear Rivers, North Carolina:
Report of the Chief of Engineers, dated June 24, 1994, at a
total cost of $23,290,000, with an estimated Federal cost of
$16,955,000 and an estimated non-Federal cost of $6,335,000.
(17) Duck creek, 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 $15,408,000, with an
estimated Federal cost of $11,556,000 and an estimated non-
Federal cost of $3,852,000.
(18) Big sioux river and skunk creek at sioux falls, south
dakota.--The project for flood control, Big Sioux River and
Skunk Creek at Sioux Falls, South Dakota: Report of the Chief
of Engineers, dated June 30, 1994, at a total cost of
$31,600,000, with an estimated Federal cost of $23,600,000 and
an estimated non-Federal cost of $8,000,000.
(19) 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 $508,757,000,
with an estimated Federal cost of $286,141,000 and an estimated
non-Federal cost of $222,616,000.
(20) Atlantic intracoastal waterway bridge replacement at
great bridge, chesapeake, virginia.--The project for navigation
at Great Bridge, Virginia Highway 168, over the Atlantic
Intracoastal Waterway in Chesapeake, Virginia: Report of the
Chief of Engineers, dated July 1, 1994, at a total cost of
$23,680,000, with an estimated Federal cost of $20,341,000 and
an estimated non-Federal cost of $3,339,000. The city of
Chesapeake shall assume full ownership of the replacement
bridge, including all associated operation, maintenance,
repair, replacement, and rehabilitation costs.
(21) Marmet lock replacement, kanawha river, west
virginia.--The project for navigation, Marmet Lock Replacement,
Marmet Locks and Dam, Kanawha River, West Virginia: Report of
the Chief of Engineers, dated June 24, 1994, at a total cost of
$229,581,000. The construction costs of the project shall be
paid--
(A) 50 percent from amounts appropriated from the
general fund of the Treasury; and
(B) 50 percent from amounts appropriated from the
Inland Waterways Trust Fund established by section 9506
of the Internal Revenue Code of 1986.
(b) Projects Subject to Favorable 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 favorable final report (or in the case of the project described in
paragraph (6), a favorable feasibility report) of the Chief 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 $4,344,000 and an estimated non-Federal cost of
$6,021,000.
(2) Cook inlet, alaska.--The project for navigation, Cook
Inlet, Alaska, at a total cost of $5,342,000, with an estimated
Federal cost of $4,006,000 and an estimated non-Federal cost of
$1,336,000.
(3) American river watershed, california.--
(A) In general.--The project for flood damage
reduction, American and Sacramento Rivers, California:
Supplemental Information Report for the American River
Watershed Project, California, dated March 1996, at a
total cost of $57,300,000, with an estimated Federal
cost of $42,975,000 and an estimated non-Federal cost
of $14,325,000, consisting of--
(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 control 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) the costs of the variable flood
control operation of the Folsom Dam and
Reservoir.
(4) Santa monica breakwater, california.--The project for
hurricane and storm damage reduction, Santa Monica breakwater,
California, at a total cost of $6,440,000, with an estimated
Federal cost of $4,220,000 and an estimated non-Federal cost of
$2,220,000.
(5) Lower savannah river basin, savannah river, georgia and
south carolina.--The project for environmental restoration,
Lower Savannah River Basin, Savannah River, Georgia and South
Carolina, at a total cost of $3,419,000, with an estimated
Federal cost of $2,551,000 and an estimated non-Federal cost of
$868,000.
(6) New harmony, indiana.--The project for shoreline
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.
(7) Chesapeake and delaware canal, maryland and delaware.--
The project for navigation and safety improvements, Chesapeake
and Delaware Canal, Baltimore Harbor channels, Delaware and
Maryland, at a total cost of $33,000,000, with an estimated
Federal cost of $25,000,000 and an estimated non-Federal cost
of $8,000,000.
(8) Poplar island, maryland.--The project for beneficial
use of clean dredged material in connection with the dredging
of Baltimore Harbor and connecting channels, Poplar Island,
Maryland, 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.
(9) Las cruces, new mexico.--The project for flood damage
reduction, Las Cruces, New Mexico, 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.
(10) Cape fear river, north carolina.--The project for
navigation, Cape Fear River deepening, North Carolina, at a
total cost of $210,264,000, with an estimated Federal cost of
$130,159,000 and an estimated non-Federal cost of $80,105,000.
(11) Charleston harbor, south carolina.--The project for
navigation, Charleston Harbor, South Carolina, at a total cost
of $116,639,000, with an estimated Federal cost of $72,798,000
and an estimated non-Federal cost of $43,841,000.
SEC. 102. PROJECT MODIFICATIONS.
(a) Mobile Harbor, Alabama.--The undesignated paragraph under the
heading ``mobile harbor, alabama'' in section 201(a) of the Water
Resources Development Act of 1986 (Public 99-662; 100 Stat. 4090) is
amended by striking the first semicolon and all that follows and
inserting a period and the following: ``In disposing of dredged
material from the 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 consisting of
beneficial uses of dredged material and environmental restoration.''.
(b) San Francisco River at Clifton, Arizona.--If a favorable final
report of the Chief of Engineers is issued not later than December 31,
1996, the project for flood control on the San Francisco River at
Clifton, Arizona, authorized by section 101(a)(3) of the Water
Resources Development Act of 1990 (Public Law 101-640; 104 Stat. 4606),
is modified to authorize the Secretary to construct the project at a
total cost of $21,100,000, with an estimated Federal cost of
$13,800,000 and an estimated non-Federal cost of $7,300,000.
(c) 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 of the
Water Resources Development Act of 1986 (Public Law 99-662; 100 Stat.
4091), is modified to provide that, for the purpose of section
101(a)(2) of the 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.
(d) Oakland Harbor, California.--The projects for navigation,
Oakland Outer Harbor, California, and Oakland Inner Harbor, California,
authorized by section 202(a) of the Water Resources Development Act of
1986 (Public Law 99-662; 100 Stat. 4092), are modified to combine the 2
projects into 1 project, to be designated as the Oakland Harbor,
California, project. The Oakland Harbor, California, project shall be
carried out by the Secretary substantially in accordance with the plans
and subject to the conditions recommended in the reports designated for
the projects in the section, except that the non-Federal share of
project cost and any available credits toward the non-Federal share
shall be calculated on the basis of the total cost of the combined
project. The total cost of the combined project is $102,600,000, with
an estimated Federal cost of $64,120,000 and an estimated non-Federal
cost of $38,480,000.
(e) Broward County, Florida.--
(1) In general.--The Secretary shall provide periodic beach
nourishment for the Broward County, Florida, Hillsborough Inlet
to Port Everglades (Segment II), shore protection project,
authorized by section 301 of the River and Harbor Act of 1965
(Public Law 89-298; 79 Stat. 1090), through the year 2020. The
beach nourishment shall be carried out in accordance with the
recommendations of the section 934 study and reevaluation
report for the project carried out under section 156 of the
Water Resources Development Act of 1976 (42 U.S.C. 1962d-5f)
and approved by the Chief of Engineers by memorandum dated June
9, 1995.
(2) Costs.--The total cost of the activities required under
this subsection shall not exceed $15,457,000, of which the
Federal share shall not exceed $9,846,000.
(f) Canaveral Harbor, Florida.--The project for navigation,
Canaveral Harbor, Florida, authorized by section 101(7) of the Water
Resources Development Act of 1992 (Public Law 102-580; 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 of the project subject to cost sharing in
accordance with section 101(a) of the Water Resources Development Act
of 1986 (33 U.S.C. 2211(a)). The Secretary may reimburse the non-
Federal interests for such costs incurred by the non-Federal interests
in connection with the removal and replacement as the Secretary
determines are in excess of the non-Federal share of the costs of the
project required under the section.
(g) Fort Pierce, Florida.--The Secretary shall provide periodic
beach nourishment for the Fort Pierce beach erosion control project,
St. Lucie County, Florida, authorized by section 301 of the River and
Harbor Act of 1965 (Public Law 89-298; 79 Stat. 1092), through the year
2020.
(h) Tybee Island, Georgia.--The Secretary shall provide periodic
beach nourishment for a period of up to 50 years for the project for
beach erosion control, Tybee Island, Georgia, constructed under section
201 of the Flood Control Act of 1965 (42 U.S.C. 1962d-5).
(i) North Branch of Chicago River, Illinois.--The project for flood
control for the North Branch of the Chicago River, Illinois, authorized
by section 401(a) of the Water Resources Development Act of 1986
(Public Law 99-662; 100 Stat. 4115), is modified to authorize the
Secretary to carry out the project substantially in accordance with the
post authorization change report for the project dated March 1994, at a
total cost of $34,228,000, with an estimated Federal cost of
$20,905,000 and an estimated non-Federal cost of $13,323,000.
(j) Halstead, Kansas.--The project for flood control, Halstead,
Kansas, authorized by section 401(a) of the Water Resources Development
Act of 1986 (Public Law 99-662; 100 Stat. 4116), is modified to
authorize the Secretary to construct the project substantially in
accordance with the post authorization change report for the project
dated March 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.
(k) 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 (Public Law 90-483; 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.
(l) Comite River, Louisiana.--If a favorable final report of the
Chief of Engineers is issued not later than December 31, 1996, 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
(Public Law 102-580; 106 Stat. 4802), 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.
(m) Mississippi River Ship Channel, Gulf to Baton Rouge,
Louisiana.--The project for navigation, Mississippi River Ship Channel,
Gulf to Baton Rouge, Louisiana, authorized by the matter under the
heading ``Corps of Engineers--Civil'' under the heading ``DEPARTMENT OF
DEFENSE--CIVIL'' in chapter IV of title I of the Supplemental
Appropriations Act, 1985 (99 Stat. 313), is modified to require the
Secretary, as part of the operations and maintenance segment of the
project, to assume responsibility for periodic maintenance dredging of
the Chalmette Slip to a depth of minus 33 feet mean low gulf, if the
Secretary determines that the project modification is economically
justified, environmentally acceptable, and consistent with other
Federal policies.
(n) 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 (Public Law 90-483; 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 enactment of this Act. The
work shall be carried out in accordance with the local cooperation
requirements for other navigation features of the project.
(o) Westwego to Harvey Canal, Louisiana.--If a favorable post
authorization change report is issued not later than December 31, 1996,
the project for hurricane damage prevention and flood control, Westwego
to Harvey Canal, Louisiana, authorized by section 401(b) of the Water
Resources Development Act of 1986 (Public Law 99-662; 100 Stat. 4128),
is modified to include the Lake Cataouatche area levee as part of the
project at a total cost of $14,375,000, with an estimated Federal cost
of $9,344,000 and an estimated non-Federal cost of $5,031,000.
(p) Tolchester Channel, Maryland.--The project for navigation,
Baltimore Harbor and Channels, Maryland, authorized by section 101 of
the River and Harbor Act of 1958 (Public Law 85-500; 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 before December 31, 1996, it is determined to be
feasible and necessary for safe and efficient navigation, to
implement the straightening as part of project maintenance.
(q) Stillwater, Minnesota.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall prepare a design memorandum
for the project authorized by section 363 of the Water Resources
Development Act of 1992 (Public Law 102-580; 106 Stat. 4861). The
design memorandum shall include an evaluation of the Federal interest
in construction of that part of the project that includes the secondary
flood wall, but shall not include an evaluation of the reconstruction
and extension of the levee system for which construction is scheduled
to commence in 1996. If the Secretary determines that there is such a
Federal interest, the Secretary shall construct the secondary flood
wall, or the most feasible alternative, at a total project cost of not
to exceed $11,600,000. The Federal share of the cost shall be 75
percent.
(r) 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 (Public Law 99-
662; 100 Stat. 4118-4119), is modified to authorize the Secretary to
carry out the project, including the implementation of nonstructural
measures, at a total cost of $44,700,000, with an estimated Federal
cost of $32,600,000 and an estimated non-Federal cost of $12,100,000.
(s) 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 (Public Law 102-580; 106 Stat. 4803), is
modified to provide that the Secretary shall reimburse the non-Federal
sponsors (or other appropriate non-Federal interests) for the Federal
share of any costs that the non-Federal sponsors (or other appropriate
non-Federal interests) incur in carrying out the project consistent
with the project cooperation agreement entered into with respect to the
project.
(t) Newark, New Jersey.--The project for flood control, Passaic
River Main Stem, New Jersey and New York, authorized by paragraph (18)
of section 101(a) of the Water Resources Development Act of 1990
(Public Law 101-640; 104 Stat. 4607) (as amended by section 102(p) of
the Water Resources Development Act of 1992 (Public Law 102-580; 106
Stat. 4807)), is modified to separate the project element described in
subparagraph (B) of the paragraph. The project element shall be
considered to be a separate project and shall be carried out in
accordance with the subparagraph.
(u) Acequias Irrigation System, New Mexico.--The second sentence of
section 1113(b) of the Water Resources Development Act of 1986 (Public
Law 99-662; 100 Stat. 4232) is amended by inserting before the period
at the end the following: ``, except that the Federal share of scoping
and reconnaissance work carried out by the Secretary under this section
shall be 100 percent''.
(v) 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 (Public Law 99-662; 100 Stat. 4095),
is modified to authorize the Secretary to construct the project
substantially in accordance with the general design memorandum for the
project dated April 1990 and the general design memorandum supplement
for the project dated February 1994, at a total cost of $50,921,000,
with an estimated Federal cost of $25,128,000 and an estimated non-
Federal cost of $25,793,000.
(w) 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
(Public Law 85-500; 72 Stat. 309) and modified by section 203 of the
Flood Control Act of 1962 (Public Law 87-874; 76 Stat. 1187) and
section 102(v) of the Water Resources Development Act of 1992 (Public
Law 102-580; 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.
(x) Columbia River Dredging, Oregon and Washington.--The project
for navigation, Lower Willamette and Columbia Rivers below Vancouver,
Washington and Portland, Oregon, authorized by the first section of the
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 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.
(y) Grays Landing, Lock and Dam 7, Monongahela River,
Pennsylvania.--The project for navigation, Lock and Dam 7 Replacement,
Monongahela River, Pennsylvania, authorized by section 301(a) of the
Water Resources Development Act of 1986 (Public Law 99-662; 100 Stat.
4110), is modified to authorize the Secretary to carry out the project
in accordance with the post authorization change report for the project
dated September 1, 1995, at a total Federal cost of $181,000,000.
(z) 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 (Public Law 99-662; 100 Stat.
4124), is modified to authorize the Secretary to carry out the project
substantially in accordance with the post authorization change and
general reevaluation report for the project, dated April 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.
(aa) Wyoming Valley, Pennsylvania.--The project for flood control,
Wyoming Valley, Pennsylvania, authorized by section 401(a) of the Water
Resources Development Act of 1986 (Public Law 99-662; 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 is
otherwise authorized to carry out but that 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, provides will be carried out for
credit by the non-Federal interest with respect to the project.
(bb) 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 (Public Law 102-580; 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.
(cc) India Point Railroad Bridge, Seekonk River, Providence, Rhode
Island.--The first sentence of section 1166(c) of the Water Resources
Development Act of 1986 (Public Law 99-662; 100 Stat. 4258) is
amended--
(1) by striking ``$500,000'' and inserting ``$1,300,000'';
and
(2) by striking ``$250,000'' each place it appears and
inserting ``$650,000''.
(dd) Corpus Christi Ship Channel, Corpus Christi, Texas.--The
project for navigation, Corpus Christi Ship Channel, Corpus Christi,
Texas, authorized by the first 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
September 22, 1922 (42 Stat. 1039), is modified to include the Rincon
Canal system as a part of the Federal project that shall be maintained
at a depth of 12 feet, if the Secretary determines that the project
modification is economically justified, environmentally acceptable, and
consistent with other Federal policies.
(ee) Dallas Floodway Extension, Dallas, Texas.--The flood
protection works constructed by the non-Federal interest along the
Trinity River in Dallas, Texas, for Rochester Park and the Central
Wastewater Treatment Plant shall be included as a part of the plan
implemented for the Dallas Floodway Extension component of the Trinity
River, Texas, project authorized by section 301 of the River and Harbor
Act of 1965 (Public Law 89-298; 79 Stat. 1091). The cost of the works
shall be credited toward the non-Federal share of project costs without
regard to further economic analysis of the works.
(ff) Matagorda Ship Channel, Port Lavaca, Texas.--The project for
navigation, Matagorda Ship Channel, Port Lavaca, Texas, authorized by
section 101 of the River and Harbor Act of 1958 (Public Law 85-500; 72
Stat. 298), is modified to require the Secretary to assume
responsibility for the maintenance of the Point Comfort Turning Basin
Expansion Area to a depth of 36 feet, as constructed by the non-Federal
interests. The modification described in the preceding sentence shall
be considered to be in the public interest and to be economically
justified.
(gg) 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 (Public Law 101-640; 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.
(hh) 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 (Public Law 96-367; 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.
(ii) Haysi Dam, Virginia and Kentucky.--
(1) In general.--The Secretary shall construct the Haysi
Dam feature of the project authorized by section 202 of the
Energy and Water Development Appropriation Act, 1981 (Public
Law 96-367; 94 Stat. 1339), substantially in accordance with
Plan A as set forth in the preliminary draft general plan
supplement report of the Huntington District Engineer for the
Levisa Fork Basin, Virginia and Kentucky, dated May 1995.
(2) Recreational component.--The non-Federal interest shall
be responsible for not more than 50 percent of the costs
associated with the construction and implementation of the
recreational component of the Haysi Dam feature.
(3) Operation and maintenance.--
(A) In general.--Subject to subparagraph (B),
operation and maintenance of the Haysi Dam feature
shall be carried out by the Secretary.
(B) Payment of costs.--The non-Federal interest
shall be responsible for 100 percent of all costs
associated with the operation and maintenance.
(4) Ability to pay.--Notwithstanding any other provision of
law, the Secretary shall apply section 103(m) of the Water
Resources Development Act of 1986 (33 U.S.C. 2213(m)) to the
construction of the Haysi Dam feature in the same manner as
section 103(m) of the Act is applied to other projects or
project features constructed under section 202 of the Energy
and Water Development Appropriation Act, 1981 (Public Law 96-
367; 94 Stat. 1339).
(jj) Petersburg, West Virginia.--The project for flood control,
Petersburg, West Virginia, authorized by section 101(a)(26) of the
Water Resources Development Act of 1990 (Public Law 101-640; 104 Stat.
4611), is modified to authorize the Secretary to construct the project
at a total cost of not to exceed $26,600,000, with an estimated Federal
cost of $19,195,000 and an estimated non-Federal cost of $7,405,000.
(kk) Teton County, Wyoming.--Section 840 of the Water Resources
Development Act of 1986 (Public Law 99-662; 100 Stat. 4176) is
amended--
(1) by striking ``Secretary: Provided, That'' and inserting
the following: ``Secretary. In carrying out this section, the
Secretary may enter into agreements with the non-Federal
sponsors permitting the non-Federal sponsors to provide
operation and maintenance for the project on a cost-
reimbursable basis. The'';
(2) by inserting ``, through providing in-kind services
or'' after ``$35,000''; and
(3) by inserting a comma after ``materials''.
SEC. 103. PROJECT DEAUTHORIZATIONS.
(a) Branford Harbor, Connecticut.--
(1) In general.--The 2,267 square foot portion of the
project for navigation in the Branford River, Branford Harbor,
Connecticut, authorized by 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 in paragraph (2), is
deauthorized.
(2) Description of line.--The line referred to in paragraph
(1) is 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.
(b) Bridgeport Harbor, Connecticut.--
(1) Anchorage area.--The portion of the project for
navigation, Bridgeport Harbor, Connecticut, authorized by
section 101 of the River and Harbor Act of 1958 (Public Law 85-
500; 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, is deauthorized.
(2) Johnsons river channel.--The portion of the project for
navigation, Johnsons River Channel, Bridgeport Harbor,
Connecticut, authorized by the first 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, is deauthorized.
(c) Guilford Harbor, Connecticut.--
(1) In general.--The portion of the project for navigation,
Guilford Harbor, Connecticut, authorized by 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 description of the realigned channel set forth
in paragraph (2) is deauthorized.
(2) Description of realigned channel.--The realigned
channel referred to in paragraph (1) is described as follows:
starting at a point where the Sluice Creek Channel intersects
with the main entrance channel, N159194.63, E623201.07, thence
running north 24 degrees, 58 minutes, 15.2 seconds west 478.40
feet to a point N159628.31, E622999.11, thence running north 20
degrees, 18 minutes, 31.7 seconds west 351.53 feet to a point
N159957.99, E622877.10, thence running north 69 degrees, 41
minutes, 37.9 seconds east 55.00 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.
(d) Norwalk Harbor, Connecticut.--
(1) In general.--The following portions of projects for
navigation, Norwalk Harbor, Connecticut, are deauthorized:
(A) The portion authorized by 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.
(B) The portions of the 6-foot deep East Norwalk
Channel and Anchorage, authorized by 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 paragraph (2).
(2) Description of realigned channel and anchorage.--The
realigned 6-foot deep East Norwalk Channel and Anchorage
referred to in paragraph (1)(B) is described as follows:
starting at a point on the East Norwalk Channel, N95743.02,
E419581.37, thence running northwesterly about 463.96 feet to a
point N96197.93, E419490.18, thence running northwesterly about
549.32 feet to a point N96608.49, E419125.23, thence running
northwesterly about 384.06 feet to a point N96965.94,
E418984.75, thence running northwesterly about 407.26 feet to a
point N97353.87, E418860.78, thence running westerly about
58.26 feet to a point N97336.26, E418805.24, thence running
northwesterly about 70.99 feet to a point N97390.30,
E418759.21, thence running westerly about 71.78 feet to a point
on the anchorage limit N97405.26, E418689.01, thence running
southerly along the western limits of the Federal anchorage in
existence on the date of 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.
(3) 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.
(e) Southport Harbor, Connecticut.--
(1) In general.--The following portions of the project for
navigation, Southport Harbor, Connecticut, authorized by the
first 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), are deauthorized:
(A) The 6-foot deep anchorage located at the head
of the project.
(B) 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.
(2) Remainder.--The portion of the project referred to in
paragraph (1) that is remaining after the deauthorization made
by the paragraph 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.
(f) 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, is deauthorized: 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.
(g) Thames River, Connecticut.--
(1) Modification.--The project for navigation, Thames
River, Connecticut, authorized by the first 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.
(2) Payment for initial dredging.--Any required initial
dredging of the widened portions identified in paragraph (1)
shall be carried out at no cost to the Federal Government.
(3) Deauthorization.--The portions of the turning basin
that are not included in the reconfigured turning basin
described in paragraph (1) are deauthorized.
(h) East Boothbay Harbor, Maine.--The following portion of the
navigation project for East Boothbay Harbor, Maine, authorized by the
first section of the Act of June 25, 1910 (36 Stat. 631, chapter 382)
(commonly referred to as the ``River and Harbor Act of 1910''),
containing approximately 1.15 acres and described in accordance with
the Maine State Coordinate System, West Zone, is deauthorized:
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, said point having Maine State Coordinate System, West Zone
coordinates of Northing 74514, Easting 698381; and
Thence, North 58 degrees, 12 minutes, 30 seconds East a
distance of 120.9 feet to a point; and
Thence, South 72 degrees, 21 minutes, 50 seconds East a
distance of 106.2 feet to a point; and
Thence, South 32 degrees, 04 minutes, 55 seconds East a
distance of 218.9 feet to a point; and
Thence, South 61 degrees, 29 minutes, 40 seconds West a
distance of 148.9 feet to a point; and
Thence, North 35 degrees, 14 minutes, 12 seconds West a
distance of 87.5 feet to a point; and
Thence, North 78 degrees, 30 minutes, 58 seconds West a
distance of 68.4 feet to a point; and
Thence, North 27 degrees, 11 minutes, 39 seconds West a
distance of 157.3 feet to the point of beginning.
(i) 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 (Public Law 86-645; 74 Stat. 480), are
deauthorized:
(1) 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.
(2) 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.
(j) 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), or
carried out pursuant to section 107 of the River and Harbor Act of 1960
(33 U.S.C. 577), are deauthorized: 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 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 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 point of origin.
(k) Fall River Harbor, Massachusetts and Rhode Island.--The project
for navigation, Fall River Harbor, Massachusetts and Rhode Island,
authorized by section 101 of the River and Harbor Act of 1968 (Public
Law 90-483; 82 Stat. 731), is modified to provide that alteration of
the drawspan of the Brightman Street Bridge to provide a channel width
of 300 feet shall not be required after the date of enactment of this
Act.
(l) Cocheco River, New Hampshire.--
(1) In general.--The portion of the project for navigation,
Cocheco River, New Hampshire, authorized by the first section
of the Act entitled ``An Act making appropriations for the
construction, repair, and preservation of certain public works
on rivers and harbors, and for other purposes'', approved
September 19, 1890 (26 Stat. 436), 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,
is deauthorized.
(2) Maintenance dredging.--Not later than 18 months after
the date of 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
paragraph (1) to restore authorized channel dimensions.
(m) Morristown Harbor, New York.--The portion of the project for
navigation, Morristown Harbor, New York, authorized by the first
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 is
deauthorized.
(n) Oswegatchie River, Ogdensburg, New York.--The portion of the
Federal channel 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, is deauthorized.
(o) 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 (Public Law 86-645; 74
Stat. 480), consisting of the 6-foot deep channel, is deauthorized:
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.
(p) Kickapoo River, Wisconsin.--
(1) Project modification.--The project for flood control
and allied purposes, Kickapoo River, Wisconsin, authorized by
section 203 of the Flood Control Act of 1962 (Public Law 87-
874; 76 Stat. 1190), as modified by section 814 of the Water
Resources Development Act of 1986 (Public Law 99-662; 100 Stat.
4169), is further modified as provided by this subsection.
(2) Transfers of property.--
(A) Transfer to state of wisconsin.--Subject to the
requirements of this paragraph, the Secretary shall
transfer to the State of Wisconsin, without
consideration, all right, title, and interest of the
United States in and to the lands described in
subparagraph (E), including all works, structures, and
other improvements to the lands, but excluding lands
transferred under subparagraph (B).
(B) Transfer to secretary of the interior.--Subject
to the requirements of this paragraph, on the date of
the transfer under subparagraph (A), the Secretary
shall transfer to the Secretary of the Interior,
without consideration, all right, title, and interest
of the United States in and to lands that are
culturally and religiously significant sites of the Ho-
Chunk Nation (a federally recognized Indian tribe) and
are located within the lands described in subparagraph
(E). The lands shall be described in accordance with
subparagraph (C)(ii)(I) and may not exceed a total of
1,200 acres.
(C) Terms and conditions.--
(i) In general.--The Secretary shall make
the transfers under subparagraphs (A) and (B)
only if--
(I) 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 lands and
improvements subject to the transfer
under subparagraph (A); and
(II) on or before October 30, 1997,
the State of Wisconsin enters into and
submits to the Secretary a memorandum
of understanding, as specified in
clause (ii), with the tribal
organization (as defined in section 4
of the Indian Self-Determination and
Education Assistance Act (25 U.S.C.
450b) of the Ho-Chunk Nation.
(ii) Memorandum of understanding.--The
memorandum of understanding referred to in
clause (i)(II) 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
subparagraph (B).
(II) An agreement specifying that
the lands transferred under
subparagraphs (A) and (B) 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 subparagraphs (A) and
(B).
(IV) A provision requiring a review
of the plan referred to in subclause
(III) to be conducted every 10 years
under which the State of Wisconsin,
acting through the Kickapoo Valley
Governing Board, and the Ho-Chunk
Nation may agree to revisions of the
plan in order to address changed
circumstances on the lands transferred
under subparagraphs (A) and (B). The
provision may include a plan for the
transfer to the Secretary of the
Interior 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.
(D) Administration of lands.--The lands transferred
to the Secretary of the Interior under subparagraph
(B), and any lands transferred to the Secretary of the
Interior under the memorandum of understanding entered
into under subparagraph (C), or under any revision of
the memorandum of understanding agreed to under
subparagraph (C)(ii)(IV), 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.
(E) Land description.--The lands referred to in
subparagraphs (A) and (B) are the approximately 8,569
acres of land associated with the LaFarge Dam and Lake
portion of the project referred to in paragraph (1) in
Vernon County, Wisconsin, in the following sections:
(i) Section 31, Township 14 North, Range 1
West of the 4th Principal Meridian.
(ii) Sections 2 through 11, and 16, 17, 20,
and 21, Township 13 North, Range 2 West of the
4th Principal Meridian.
(iii) Sections 15, 16, 21 through 24, 26,
27, 31, and 33 through 36, Township 14 North,
Range 2 West of the 4th Principal Meridian.
(3) 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 paragraph (1) within Township 14 North,
Range 2 West of the 4th Principal Meridian, Vernon County,
Wisconsin.
(4) Deauthorization.--The LaFarge Dam and Lake portion of
the project referred to in paragraph (1) is not authorized
after the date of the transfers under paragraph (2).
(5) Interim management and maintenance.--The Secretary
shall continue to manage and maintain the LaFarge Dam and Lake
portion of the project referred to in paragraph (1) until the
date of the transfers under paragraph (2).
SEC. 104. STUDIES.
(a) 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 regional economic
benefits that were not included in the limited economic
analysis contained in the reconnaissance report for the project
dated November 1995.
(b) Bear Creek Drainage, San Joaquin County, California.--The
Secretary shall conduct a review of the Bear Creek Drainage, San
Joaquin County, California, flood control project, 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.
(c) Lake Elsinore, Riverside County, California.--Not later than 18
months after the date of 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 Lake Elsinore,
Riverside County, California, flood control project, for 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.
(d) Long Beach, California.--The Secretary shall review the
feasibility of navigation improvements at Long Beach Harbor,
California, including widening and deepening of the navigation channel,
as provided for in section 201(b) of the Water Resources Development
Act of 1986 (Public Law 99-662; 100 Stat. 4091). The Secretary shall
complete the report not later than 1 year after the date of enactment
of this Act.
(e) Mormon Slough/Calaveras River, California.--The Secretary shall
conduct a review of the Mormon Slough/Calaveras River, California,
flood control project, 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. 902), to develop a comprehensive plan for
additional flood damage reduction measures for the city of Stockton,
California, and surrounding areas.
(f) 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.
(g) Pine Flat Dam Fish and Wildlife Habitat Restoration,
California.--The Secretary shall study the feasibility of fish and
wildlife habitat improvement measures identified for further study by
the Pine Flat Dam Fish and Wildlife Habitat Restoration Investigation
Reconnaissance Report.
(h) West Dade, Florida.--The Secretary shall conduct a
reconnaissance study to determine the Federal interest in using the
West Dade, Florida, reuse facility to increase the supply of surface
water to the Everglades in order to enhance fish and wildlife habitat.
(i) Savannah River Basin Comprehensive Water Resources Study.--
(1) 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.
(2) Scope.--The scope of the study shall be limited to an
analysis of water resources issues that fall within the
traditional civil works missions of the Army Corps of
Engineers.
(3) Coordination.--Notwithstanding paragraph (2), the
Secretary shall ensure that the study is coordinated with the
Environmental Protection Agency and the ongoing watershed study
by the Agency of the Savannah River Basin.
(j) Bayou Blanc, Crowley, Louisiana.--The Secretary shall conduct a
reconnaissance study to determine the Federal interest in the
construction of a bulkhead system, consisting of either steel sheet
piling with tiebacks or concrete, along the embankment of Bayou Blanc,
Crowley, Louisiana, in order to alleviate slope failures and erosion
problems in a cost-effective manner.
(k) Hackberry Industrial Ship Channel Park, Louisiana.--The
Secretary shall incorporate the area 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.
(l) 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, Nevada, for the purpose of flood control.
(m) Lower Las Vegas Wash Wetlands, Clark County, Nevada.--The
Secretary shall conduct a study to determine the feasibility of the
restoration of wetlands in the Lower Las Vegas Wash, Nevada, for the
purposes of erosion control and environmental restoration.
(n) Northern Nevada.--The Secretary shall conduct reconnaissance
studies, in the State of Nevada, of--
(1) the Humboldt River, and the tributaries and outlets of
the river;
(2) the Truckee River, and the tributaries and outlets of
the river;
(3) the Carson River, and the tributaries and outlets of
the river; and
(4) the Walker River, and the tributaries and outlets of
the river;
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.
(o) Buffalo Harbor, New York.--The Secretary shall determine the
feasibility of excavating the inner harbor and constructing the
associated bulkheads in Buffalo Harbor, New York.
(p) 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 Army Corps of Engineers.
(q) Shinnecock Inlet, New York.--Not later than 2 years after the
date of enactment of this Act, the Secretary shall conduct a
reconnaissance study in Shinnecock Inlet, New York, to determine the
Federal interest in constructing a sand bypass system, or other
appropriate alternative, for the purposes of allowing sand to flow in
the natural east-to-west pattern of the sand and preventing the further
erosion of the beaches west of the inlet and the shoaling of the inlet.
(r) Kill Van Kull and Newark Bay Channels, New York and New
Jersey.--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 to be constructed in the
Supplemental Appropriations Act, 1985 (Public Law 99-88; 99 Stat. 313),
and section 202(a) of the Water Resources Development Act of 1986
(Public Law 99-662; 100 Stat. 4095), described in the general design
memorandum for the project, and approved in the Report of the Chief of
Engineers dated December 14, 1981.
(s) Columbia Slough, Oregon.--Not later than 2 years after the date
of enactment of this Act, the Secretary shall complete a feasibility
study for the ecosystem restoration project at Columbia Slough, Oregon,
as reported in the August 1993 Revised Reconnaissance Study. The study
shall be a demonstration study done in coordination with the
Environmental Protection Agency.
(t) Willamette River, Oregon.--The Secretary shall conduct a study
to determine the Federal interest in carrying out a nonstructural flood
control project along the Willamette River, Oregon, for the purposes of
floodplain and ecosystem restoration.
(u) Lackawanna River at Scranton, Pennsylvania.--Not later than 90
days after the date of enactment of this Act, the Secretary shall--
(1) review the report entitled ``Report of the Chief of
Engineers: Lackawanna River at Scranton, Pennsylvania'', dated
June 29, 1992, to determine whether changed conditions in the
Diamond Plot and Green Ridge sections, Scranton, Pennsylvania,
would result in an economically justified flood damage
reduction project at those locations; and
(2) submit to Congress a report on the results of the
review.
(v) Charleston, South Carolina.--The Secretary shall conduct a
study of the Charleston, South Carolina, estuary area located in
Charleston, Berkeley, and Dorchester Counties, South Carolina, for the
purpose of evaluating environmental conditions in the tidal reaches of
the Ashley, Cooper, Stono, and Wando Rivers and the lower portions of
Charleston Harbor.
(w) Oahe Dam to Lake Sharpe, South Dakota.--Not later than 2 years
after the date of enactment of this Act, the Secretary shall--
(1) conduct a study to determine the feasibility of
sediment removal and control in the area of the Missouri River
downstream of Oahe Dam through the upper reaches of Lake
Sharpe, including the lower portion of the Bad River, South
Dakota;
(2) develop a comprehensive sediment removal and control
plan for the area--
(A) based on the assessment by the study of the
dredging, estimated costs, and time required to remove
sediment from affected areas in Lake Sharpe;
(B)(i) based on the identification by the study of
high erosion areas in the Bad River channel; and
(ii) including recommendations and related costs
for such of the areas as are in need of stabilization
and restoration; and
(C)(i) based on the identification by the study of
shoreline erosion areas along Lake Sharpe; and
(ii) including recommended options for the
stabilization and restoration of the areas;
(3) use other non-Federal engineering analyses and related
studies in determining the feasibility of sediment removal and
control as described in paragraph (1); and
(4) credit the costs of the non-Federal engineering
analyses and studies referred to in paragraphs (2) and (3)
toward the non-Federal share of the feasibility study conducted
under paragraph (1).
(x) 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.
(y) Ashley Creek, Utah.--The Secretary is authorized to study the
feasibility of undertaking a project for fish and wildlife restoration
at Ashley Creek, near Vernal, Utah.
(z) Prince William County, Virginia.--The Secretary shall conduct a
study of flooding, erosion, and other water resource problems in Prince
William County, Virginia, including an assessment of the wetland
protection, erosion control, and flood damage reduction needs of the
county.
(aa) Pacific Region.--The Secretary shall conduct studies in the
interest of navigation in the part of the Pacific Region that includes
American Samoa, Guam, and the Commonwealth of the Northern Mariana
Islands. For the purpose of this subsection, the cost-sharing
requirements of section 105 of the Water Resources Development Act of
1986 (33 U.S.C. 2215) shall apply.
(bb) Morganza, Louisiana to the Gulf of Mexico.--
(1) Study.--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 currently being conducted under
the Morganza, Louisiana to the Gulf of Mexico feasibility
study. In preparing such study, the Secretary shall consult the
South Terrebonne Tidewater Management and Conservation District
and consider the District's Preliminary Design Document, dated
February 1994. Further, the Secretary shall evaluate the
findings of the Coastal Wetlands Planning, Protection and
Restoration Federal Task Force, as authorized by Public Law
101-646, relating to the lock structure.
(2) Report.--The Secretary shall transmit to Congress a
report on the results of the study conducted under paragraph
(1), together with recommendations on immediate implementation
not later than 6 months after the enactment of this Act.
TITLE II--PROJECT-RELATED PROVISIONS
SEC. 201. GRAND PRAIRIE REGION AND BAYOU METO BASIN, ARKANSAS.
The project for flood control and water supply, Grand Prairie
Region and Bayou Meto Basin, Arkansas, authorized by section 204 of the
Flood Control Act of 1950 (64 Stat. 174) and deauthorized under section
1001(b)(1) of the Water Resources Development Act of 1986 (33 U.S.C.
579a(b)(1)), is authorized to be carried out by the Secretary if, not
later than 1 year after the date of enactment of this Act, the
Secretary submits a report to Congress that--
(1) describes necessary modifications to the project that
are consistent with the functions of the Army Corps of
Engineers; and
(2) contains recommendations concerning which Federal
agencies (such as the Natural Resources Conservation Service,
the United States Fish and Wildlife Service, the Bureau of
Reclamation, and the United States Geological Survey) are most
appropriate to have responsibility for carrying out the
project.
SEC. 202. 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 enactment of this Act shall be
contracted for and reimbursed by the city of Heber Springs, Arkansas.
SEC. 203. MORGAN POINT, ARKANSAS.
The Secretary shall accept as in-kind contributions for the project
at Morgan Point, Arkansas--
(1) the items described as fish and wildlife facilities and
land in the Morgan Point Broadway 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.
SEC. 204. WHITE RIVER BASIN LAKES, ARKANSAS AND MISSOURI.
The project for flood control and power generation at White River
Basin Lakes, 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 purposes do not adversely impact flood control, power
generation, or other authorized purposes of the project.
SEC. 205. CENTRAL AND SOUTHERN FLORIDA.
The project for Central and Southern Florida, authorized by section
203 of the Flood Control Act of 1968 (Public Law 90-483; 82 Stat. 740),
is modified, subject to the availability of appropriations, 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 of such portions of
the Frog Pond and Rocky Glades areas as are needed for the project), at
a total cost of $156,000,000. The Federal share of the cost of
implementing the plan of improvement shall be 50 percent. 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, which amount shall be included in the Federal share. The non-
Federal share of the 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 in an amount equal to 60 percent of the costs of operating and
maintaining pump stations that pump water into Taylor Slough in
Everglades National Park.
SEC. 206. WEST PALM BEACH, FLORIDA.
The project for flood protection of West Palm Beach, Florida (C-
51), authorized by section 203 of the Flood Control Act of 1962 (Public
Law 87-874; 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'', prepared by
Burns and McDonnell, and as further described in detailed design
documents to be approved by the Secretary. The additional work
authorized by this section shall be accomplished at full Federal cost
in recognition of the water supply benefits accruing to the Loxahatchee
National Wildlife Refuge and the Everglades National Park and in
recognition of the statement in support of the Everglades restoration
effort set forth in the document signed by the Secretary of the
Interior and the Secretary in July 1993. Operation and maintenance of
the stormwater detention area shall be consistent with regulations
prescribed by the Secretary for the Central and Southern Florida
project, with all costs of the operation and maintenance work borne by
non-Federal interests.
SEC. 207. EVERGLADES AND SOUTH FLORIDA ECOSYSTEM RESTORATION.
(a) Definitions.--In this section:
(1) Develop.--The term ``develop'' means any
preconstruction or land acquisition planning activity.
(2) South florida ecosystem.--The term ``South Florida
ecosystem'' means the Florida Everglades restoration area that
includes lands and waters within the boundary of the South
Florida Water Management District, the Florida Keys, and the
near-shore coastal waters of South Florida.
(3) Task force.--The term ``Task Force'' means the South
Florida Ecosystem Restoration Task Force established by
subsection (c).
(b) South Florida Ecosystem Restoration.--
(1) Modifications to central and southern florida
project.--
(A) Development.--The Secretary shall, if
necessary, develop modifications to the project for
Central and Southern Florida, authorized by section 203
of the Flood Control Act of 1948 (62 Stat. 1176), to
restore, preserve, and protect the South Florida
ecosystem and to provide for the water-related needs of
the region.
(B) Conceptual plan.--
(i) In general.--The modifications under
subparagraph (A) shall be set forth in a
conceptual plan prepared in accordance with
clause (ii) and adopted by the Task Force
(referred to in this section as the
``conceptual plan'').
(ii) Basis for conceptual plan.--The
conceptual plan shall be based on the
recommendations specified in the draft report
entitled ``Conceptual Plan for the Central and
Southern Florida Project Restudy'', published
by the Governor's Commission for a Sustainable
South Florida and dated June 4, 1996.
(C) Integration of other activities.--Restoration,
preservation, and protection of the South Florida
ecosystem shall include a comprehensive science-based
approach that integrates ongoing Federal and State
efforts, including--
(i) the project for the ecosystem
restoration of the Kissimmee River, Florida,
authorized by section 101 of the Water
Resources Development Act of 1992 (Public Law
102-580; 106 Stat. 4802);
(ii) the project for flood protection, West
Palm Beach Canal, Florida (canal C-51),
authorized by section 203 of the Flood Control
Act of 1962 (Public Law 87-874; 76 Stat. 1183),
as modified by section 205 of this Act;
(iii) 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);
(iv) the project for Central and Southern
Florida authorized by section 203 of the Flood
Control Act of 1968 (Public Law 90-483; 82
Stat. 740), as modified by section 204 of this
Act;
(v) activities under the Florida Keys
National Marine Sanctuary and Protection Act
(Public Law 101-65; 16 U.S.C. 1433 note); and
(vi) the Everglades construction project
implemented by the State of Florida under the
Everglades Forever Act of the State of Florida.
(2) Improvement of water management for ecosystem
restoration.--The improvement of water management, including
improvement of water quality for ecosystem restoration,
preservation, and protection, shall be an authorized purpose of
the Central and Southern Florida project referred to in
paragraph (1)(A). Project features necessary to improve water
management, including features necessary to provide water to
restore, protect, and preserve the South Florida ecosystem,
shall be included in any modifications to be developed for the
project under paragraph (1).
(3) Support projects.--The Secretary may develop support
projects and other facilities necessary to promote an adaptive
management approach to implement the modifications authorized
to be developed by paragraphs (1) and (2).
(4) Interim implementation reports.--
(A) In general.--Before the Secretary implements a
component of the conceptual plan, including a support
project or other facility under paragraph (3), the
Jacksonville District Engineer shall submit an interim
implementation report to the Task Force for review.
(B) Contents.--Each interim implementation report
shall document the costs, benefits, impacts, technical
feasibility, and cost-effectiveness of the component
and, as appropriate, shall include documentation of
environmental effects prepared under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
(C) Endorsement by task force.--
(i) In general.--If the Task Force endorses
the interim implementation report of the
Jacksonville District Engineer for a component,
the Secretary shall submit the report to
Congress.
(ii) Coordination requirements.--
Endorsement by the Task Force shall be deemed
to fulfill the coordination requirements under
the first section 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 (33 U.S.C. 701-1).
(5) Authorization.--
(A) In general.--The Secretary shall not initiate
construction of a component until such time as a law is
enacted authorizing construction of the component.
(B) Design.--The Secretary may continue to carry
out detailed design of a component after the date of
submission to Congress of the interim implementation
report recommending the component.
(6) Cost sharing.--
(A) In general.--Except as provided in subparagraph
(B), the Federal share of the costs of preparing
interim implementation reports under paragraph (4) and
implementing the modifications (including the support
projects and other facilities) authorized to be
developed by this subsection shall be 50 percent.
(B) Water quality features.--
(i) In general.--Subject to clause (ii),
the non-Federal share of the cost of project
features necessary to improve water quality
under paragraph (2) shall be 100 percent.
(ii) Critical features.--If the Task Force
determines, by resolution accompanying
endorsement of an interim implementation report
under paragraph (4), that the project features
described in clause (i) are critical to
ecosystem restoration, the Federal share of the
cost of the features shall be 50 percent.
(C) Reimbursement.--The Secretary shall reimburse
the non-Federal interests for the Federal share of any
reasonable costs that the non-Federal interests incur
in acquiring land for any component authorized by law
under paragraph (5) if the land acquisition has been
endorsed by the Task Force and supported by the
Secretary.
(c) 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 the head
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 of the Task Force.
(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 from recommendations submitted by the
tribal chairman.
(I) 1 representative of the Seminole Tribe of
Indians of Florida, to be appointed by the Secretary of
the Interior from recommendations submitted by the
tribal chairman.
(J) 3 representatives of the State of Florida, to
be appointed by the Secretary of the Interior from
recommendations submitted by the Governor of the State
of Florida.
(K) 2 representatives of the South Florida Water
Management District, to be appointed by the Secretary
of the Interior from recommendations submitted by the
Governor of the State of Florida.
(L) 2 representatives of local governments in the
South Florida ecosystem, to be appointed by the
Secretary of the Interior from recommendations
submitted by the Governor of the State of Florida.
(2) Duties.--
(A) In general.--The Task Force shall--
(i)(I) coordinate the development of
consistent policies, strategies, plans,
programs, and priorities for addressing the
restoration, protection, and preservation of
the South Florida ecosystem; and
(II) develop a strategy and priorities for
implementing the components of the conceptual
plan;
(ii) review programs, projects, and
activities of agencies and entities represented
on the Task Force to promote the objectives of
ecosystem restoration and maintenance;
(iii) refine and provide guidance
concerning the implementation of the conceptual
plan;
(iv)(I) periodically review the conceptual
plan in light of current conditions and new
information and make appropriate modifications
to the conceptual plan; and
(II) submit to Congress a report on each
modification to the conceptual plan under
subclause (I);
(v) establish a Florida-based working
group, which shall include representatives of
the agencies and entities represented on the
Task Force and other entities as appropriate,
for the purpose of recommending policies,
strategies, plans, programs, and priorities to
the Task Force;
(vi) prepare an annual cross-cut budget of
the funds proposed to be expended by the
agencies, tribes, and governments represented
on the Task Force on the restoration,
preservation, and protection of the South
Florida ecosystem; and
(vii) submit a biennial report to Congress
that summarizes the activities of the Task
Force and the projects, policies, strategies,
plans, programs, and priorities planned,
developed, or implemented for restoration of
the South Florida ecosystem and progress made
toward the restoration.
(B) Authority to establish advisory
subcommittees.--The Task Force and the working group
established under subparagraph (A)(v) may establish
such other advisory subcommittees as are necessary to
assist the Task Force in carrying out its duties,
including duties relating to public policy and
scientific issues.
(3) Decisionmaking.--Each decision of the Task Force shall
be made by majority vote of the members of the Task Force.
(4) Application of the federal advisory committee act.--
(A) Charter; termination.--The Task Force shall not
be subject to sections 9(c) and 14 of the Federal
Advisory Committee Act (5 U.S.C. App.).
(B) Notice of meetings.--The Task Force shall be
subject to section 10(a)(2) of the Act, except that the
chairperson of the Task Force is authorized to use a
means other than publication in the Federal Register to
provide notice of a public meeting and provide an
equivalent form of public notice.
(5) Compensation.--A member of the Task Force shall receive
no compensation for the service of the member on the Task
Force.
(6) 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. 208. ARKANSAS CITY AND WINFIELD, KANSAS.
Notwithstanding any other provision of law, for the purpose of
commencing construction of the project for flood control, Arkansas
City, Kansas, authorized by section 401(a) of the Water Resources
Development Act of 1986 (Public Law 99-662; 100 Stat. 4116), and the
project for flood control, Winfield, Kansas, authorized by section 204
of the Flood Control Act of 1965 (Public Law 89-298; 79 Stat. 1078),
the project cooperation agreements for the projects, as submitted by
the District Office of the Army Corps of Engineers, Tulsa, Oklahoma,
shall be deemed to be approved by the Assistant Secretary of the Army
having responsibility for civil works and the Tulsa District Commander
as of September 30, 1996, if the approvals have not been granted by
that date.
SEC. 209. MISSISSIPPI RIVER-GULF OUTLET, LOUISIANA.
Section 844 of the Water Resources Development Act of 1986 (Public
Law 99-662; 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. 210. COLDWATER RIVER WATERSHED, MISSISSIPPI.
Not later than 90 days after the date of enactment of this Act, the
Secretary shall initiate all remaining work associated with the
Coldwater River Watershed Demonstration Erosion Control Project, as
authorized by Public Law 98-8 (97 Stat. 13).
SEC. 211. PERIODIC MAINTENANCE DREDGING FOR GREENVILLE INNER HARBOR
CHANNEL, MISSISSIPPI.
The Greenville Inner Harbor Channel, Mississippi, is deemed to be a
portion of the navigable waters of the United States, and shall be
included among the navigable waters for which the Army Corps of
Engineers maintains a 10-foot navigable channel. The navigable channel
for the Greenville Inner Harbor Channel shall be maintained in a manner
that is consistent with the navigable channel to the Greenville Harbor
and the portion of the Mississippi River adjacent to the Greenville
Harbor that is maintained by the Army Corps of Engineers, as in
existence on the date of enactment of this Act.
SEC. 212. SARDIS LAKE, MISSISSIPPI.
The Secretary shall work cooperatively with the State of
Mississippi and the city of Sardis to the maximum extent practicable in
the management of existing and proposed leases of land consistent with
the master tourism and recreational plan for the economic development
of the Sardis Lake area prepared by the city.
SEC. 213. YALOBUSHA RIVER WATERSHED, MISSISSIPPI.
The project for flood control at Grenada Lake, Mississippi, shall
be extended to include the Yalobusha River Watershed (including the
Toposhaw Creek), at a total cost of not to exceed $3,800,000. The
Federal share of the cost of flood control on the extended project
shall be 75 percent.
SEC. 214. 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 are authorized to be
appropriated to carry out this section $16,000,000, to remain available
until expended.
SEC. 215. SMALL FLOOD CONTROL PROJECT, MALTA, MONTANA.
Not later than 1 year after the date of enactment of this Act, the
Secretary is authorized to expend such Federal funds as are necessary
to complete the small flood control project begun at Malta, Montana,
pursuant to section 205 of the Flood Control Act of 1948 (33 U.S.C.
701s).
SEC. 216. CLIFFWOOD BEACH, NEW JERSEY.
(a) In General.--Notwithstanding any other provision of law or the
status of the project authorized by section 203 of the Flood Control
Act of 1962 (Public Law 87-874; 76 Stat. 1180) for hurricane-flood
protection and beach erosion control on Raritan Bay and Sandy Hook Bay,
New Jersey, the Secretary shall undertake a project to provide periodic
beach nourishment for Cliffwood Beach, New Jersey, for a 50-year period
beginning on the date of execution of a project cooperation agreement
by the Secretary and an appropriate non-Federal interest.
(b) Non-Federal Share.--The non-Federal share of the cost of the
project authorized by this section shall be 35 percent.
SEC. 217. FIRE ISLAND INLET, NEW YORK.
For the purpose of replenishing the beach, the Secretary shall
place sand dredged from the Fire Island Inlet on the shoreline between
Gilgo State Park and Tobay Beach to protect Ocean Parkway along the
Atlantic Ocean shoreline in Suffolk County, New York.
SEC. 218. QUEENS COUNTY, NEW YORK.
(a) Description of Nonnavigable Area.--Subject to subsections (b)
and (c), the area of Long Island City, Queens County, New York, that--
(1) is not submerged;
(2) lies between the southerly high water line (as of the
date of enactment of this Act) of Anable Basin (also known as
the ``11th Street Basin'') and the northerly high water line
(as of the date of enactment of this Act) of Newtown Creek; and
(3) extends from the high water line (as of the date of
enactment of this Act) of the East River to the original high
water line of the East River;
is declared to be nonnavigable waters of the United States.
(b) Requirement That Area Be Improved.--
(1) In general.--The declaration of nonnavigability under
subsection (a) shall apply only to those portions of the area
described in subsection (a) that are, or will be, bulkheaded,
filled, or otherwise occupied by permanent structures or other
permanent physical improvements (including parkland).
(2) Applicability of federal law.--Improvements described
in paragraph (1) shall be subject to applicable Federal laws,
including--
(A) sections 9 and 10 of the Act entitled ``An Act
making appropriations for the construction, repair, and
preservation of certain public works on rivers and
harbors, and for other purposes'', approved March 3,
1899 (33 U.S.C. 401 and 403);
(B) section 404 of the Federal Water Pollution
Control Act (33 U.S.C. 1344); and
(C) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.).
(c) Expiration Date.--The declaration of nonnavigability under
subsection (a) shall expire with respect to a portion of the area
described in subsection (a), if the portion--
(1) is not bulkheaded, filled, or otherwise occupied by a
permanent structure or other permanent physical improvement
(including parkland) in accordance with subsection (b) by the
date that is 20 years after the date of 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. 219. BUFORD TRENTON IRRIGATION DISTRICT, NORTH DAKOTA AND MONTANA.
(a) Acquisition of Easements.--
(1) In general.--The Secretary shall 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.--The 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 the 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.--Notwithstanding any other law,
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, to remain available
until expended.
SEC. 220. JAMESTOWN DAM AND PIPESTEM DAM, NORTH DAKOTA.
(a) Revisions to Water Control Manuals.--In consultation with the
State of 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 South Dakota.
(b) Feasibility Study.--
(1) In general.--Not later than 1 year after the date of
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. 221. 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. 222. WILLAMETTE RIVER, MCKENZIE SUBBASIN, OREGON.
The Secretary is authorized to carry out a project to control the
water temperature in the Willamette River, McKenzie Subbasin, Oregon,
to mitigate the negative impacts on fish and wildlife resulting from
the operation of the Blue River and Cougar Lake projects, McKenzie
River Basin, Oregon. The cost of the facilities shall be repaid
according to the allocations among the purposes of the original
projects.
SEC. 223. ABANDONED AND WRECKED BARGE REMOVAL, RHODE ISLAND.
Section 361 of the Water Resources Development Act of 1992 (Public
Law 102-580; 106 Stat. 4861) is amended by striking subsection (a) and
inserting the following:
``(a) In General.--In order to alleviate a hazard to navigation and
recreational activity, the Secretary shall remove a sunken barge from
waters off the shore of the Narragansett Town Beach in Narragansett,
Rhode Island, at a total cost of $1,900,000, with an estimated Federal
cost of $1,425,000, and an estimated non-Federal cost of $475,000. The
Secretary shall not remove the barge until title to the barge has been
transferred to the United States or the non-Federal interest. The
transfer of title shall be carried out at no cost to the United
States.''.
SEC. 224. PROVIDENCE RIVER AND HARBOR, RHODE ISLAND.
The Secretary shall incorporate a channel extending from the
vicinity of the Fox Point hurricane barrier to the vicinity of the
Francis Street bridge in Providence, Rhode Island, into the navigation
project for Providence River and Harbor, Rhode Island, authorized by
section 301 of the River and Harbor Act of 1965 (Public Law 89-298; 79
Stat. 1089). The channel shall have a depth of up to 10 feet and a
width of approximately 120 feet and shall be approximately 1.25 miles
in length.
SEC. 225. COOPER LAKE AND CHANNELS, TEXAS.
(a) Acceptance of Lands.--The Secretary is authorized to accept
from a non-Federal interest additional lands of not to exceed 300 acres
that--
(1) are contiguous to the Cooper Lake and Channels Project,
Texas, authorized by section 301 of the River and Harbor Act of
1965 (Public Law 89-298; 79 Stat. 1091) and section 601(a) of
the Water Resources Development Act of 1986 (Public Law 99-662;
100 Stat. 4145); and
(2) provide habitat value at least equal to the habitat
value provided by the lands authorized to be redesignated under
subsection (b).
(b) Redesignation of Lands to Recreation Purposes.--Upon the
acceptance of lands under subsection (a), the Secretary is authorized
to redesignate mitigation lands of not to exceed 300 acres to
recreation purposes.
(c) Funding.--The cost of all work under this section, including
real estate appraisals, cultural and environmental surveys, and all
development necessary to avoid net mitigation losses, to the extent
required, shall be borne by the non-Federal interest.
SEC. 226. RUDEE INLET, VIRGINIA BEACH, VIRGINIA.
Notwithstanding the limitation set forth in section 107(b) of the
River and Harbor Act of 1960 (33 U.S.C. 577(b)), Federal participation
in the maintenance of the Rudee Inlet, Virginia Beach, Virginia,
project shall continue for the life of the project. Nothing in this
section shall alter or modify the non-Federal cost sharing
responsibility as specified in the Rudee Inlet, Virginia Beach,
Virginia Detailed Project Report, dated October 1983.
SEC. 227. 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 (Public Law 99-662; 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
(Public Law 87-874; 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 (Public Law 102-580;
106 Stat. 4810).
TITLE III--GENERAL PROVISIONS
SEC. 301. COST-SHARING FOR ENVIRONMENTAL PROJECTS.
Section 103(c) of the Water Resources Development Act of 1986 (33
U.S.C. 2213(c)) is amended--
(1) in paragraph (5), by striking ``and'' at the end;
(2) in paragraph (6), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(7) environmental protection and restoration: 25
percent.''.
SEC. 302. COLLABORATIVE RESEARCH AND DEVELOPMENT.
Section 7 of the Water Resources Development Act of 1988 (33 U.S.C.
2313) is amended--
(1) by striking subsection (e);
(2) by redesignating subsection (d) as subsection (e); and
(3) by inserting after subsection (c) the following:
``(d) Temporary Protection of Technology.--
``(1) Pre-agreement.--If the Secretary determines that
information developed as a result of a research or development
activity conducted by the Army Corps of Engineers is likely to
be subject to a cooperative research and development agreement
within 2 years after the development of the information, and
that the 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 protections against the dissemination of
the information, including exemption from subchapter II of
chapter 5 of title 5, United States Code, until the earlier
of--
``(A) the date on which the Secretary enters into
such an agreement with respect to the information; or
``(B) the last day of the 2-year period beginning
on the date of the determination.
``(2) Post-agreement.--Any information subject to paragraph
(1) that becomes the subject of a cooperative research and
development agreement shall be subject to the protections
provided under section 12(c)(7)(B) of the Act (15 U.S.C.
3710a(c)(7)(B)) as if the information had been developed under
a cooperative research and development agreement.''.
SEC. 303. NATIONAL DAM SAFETY PROGRAM.
(a) Findings.--Congress finds that--
(1)(A) dams are an essential part of the national
infrastructure;
(B) dams fail from time to time with catastrophic results;
and
(C) dam safety is a vital public concern;
(2) dam failures have caused, and may cause in the future,
loss of life, injury, destruction of property, and economic and
social disruption;
(3)(A) some dams are at or near the end of their
structural, useful, or operational life; and
(B) the loss, destruction, and disruption resulting from
dam failures can be substantially reduced through the
development and implementation of dam safety hazard reduction
measures, including--
(i) improved design and construction standards and
practices supported by a national dam performance
resource bank located at Stanford University in
California;
(ii) safe operation and maintenance procedures;
(iii) early warning systems;
(iv) coordinated emergency preparedness plans; and
(v) public awareness and involvement programs;
(4)(A) dam safety problems persist nationwide;
(B) while dam safety is principally a State responsibility,
the diversity in Federal and State dam safety programs calls
for national leadership in a cooperative effort involving the
Federal Government, State governments, and the private sector;
and
(C) an expertly staffed and adequately financed dam safety
hazard reduction program, based on Federal, State, local, and
private research, planning, decisionmaking, and contributions,
would reduce the risk of the loss, destruction, and disruption
resulting from dam failure by an amount far greater than the
cost of the program;
(5)(A) there is a fundamental need for a national program
for dam safety hazards reduction, and the need will continue;
and
(B) to be effective, such a national program will require
input from, and review by, Federal and non-Federal experts in--
(i) dam design, construction, operation, and
maintenance; and
(ii) the practical application of dam failure
hazard reduction measures;
(6) as of the date of enactment of this Act--
(A) there is no national dam safety program; and
(B) the coordinating authority for national
leadership concerning dam safety is provided through
the dam safety program of the Federal Emergency
Management Agency established under Executive Order
12148 (50 U.S.C. App. 2251 note) in coordination with
members of the Interagency Committee on Dam Safety and
with States; and
(7) while the dam safety program of FEMA is a proper
Federal undertaking, should continue, and should provide the
foundation for a national dam safety program, statutory
authority is needed--
(A) to meet increasing needs and to discharge
Federal responsibilities in dam safety;
(B) to strengthen the leadership role of FEMA;
(C) to codify the national dam safety program;
(D) to authorize the Director of FEMA to
communicate directly with Congress on authorizations
and appropriations; and
(E) to build on the hazard reduction aspects of dam
safety.
(b) 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.
(c) Dam Safety Program.--Public Law 92-367 (33 U.S.C. 467 et seq.)
is amended--
(1) by striking the first 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 and 7 through 14;
(3) by redesignating sections 2, 3, 4, and 6 as sections 3,
4, 5, and 11, respectively;
(4) by inserting after section 1 (as amended by paragraph
(1)) the following:
``SEC. 2. DEFINITIONS.
``In this Act:
``(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))--
(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)), 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)), by
striking ``Sec. 5. For'' and inserting the following:
``SEC. 5. DETERMINATION OF DANGER TO HUMAN LIFE AND PROPERTY.
``For'';
(8) by inserting after section 5 (as redesignated by
paragraph (3)) 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 enactment
of this paragraph, develop the implementation plan described in
subsection (e);
``(2) not later than 300 days after the date of 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 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 2001, 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.--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 for
a State to be eligible for advanced assistance under this
subsection, a State dam safety program must meet the following
criteria and be working toward meeting the advanced
requirements and standards established under paragraph (1)(B):
``(A) Authorization.--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) Funding.--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
of the State 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 the 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.
``(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 substantially 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 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.'';
(9) in section 11 (as redesignated by paragraph (3))--
(A) by striking ``Sec. 11. Nothing'' and inserting
the following:
``SEC. 11. STATUTORY CONSTRUCTION.
``Nothing'';
(B) by striking ``shall be construed (1) to
create'' and inserting the following: ``shall--
``(1) create'';
(C) by striking ``or (2) to relieve'' and inserting
the following:
``(2) relieve''; and
(D) by striking the period at the end and inserting
the following: ``; or
``(3) preempt any other Federal or State law.''; and
(10) by adding at the end the following:
``SEC. 12. AUTHORIZATION OF APPROPRIATIONS.
``(a) Funding.--
``(1) National dam safety program.--
``(A) 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 paragraphs (2) through (5)), $1,000,000
for fiscal year 1997, $2,000,000 for fiscal year 1998,
$4,000,000 for fiscal year 1999, $4,000,000 for fiscal
year 2000, and $4,000,000 for fiscal year 2001.
``(B) Allocation.--
``(i) In general.--Subject to clauses (ii)
and (iii), for each fiscal year, amounts made
available under this paragraph 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--
``(aa) 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
``(bb) the number of dams
in all States that are listed
as State-regulated dams on the
inventory of dams maintained
under section 6.
``(ii) Maximum amount of allocation.--The
amount of funds allocated to a State under this
subparagraph may not exceed 50 percent of the
reasonable cost of implementing the State dam
safety program.
``(iii) 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).
``(2) National dam inventory.--There is authorized to be
appropriated to carry out section 6 $500,000 for each fiscal
year.
``(3) Dam safety training.--There is authorized to be
appropriated to carry out section 8(g) $500,000 for each of
fiscal years 1997 through 2001.
``(4) Research.--There is authorized to be appropriated to
carry out section 9 $1,000,000 for each of fiscal years 1997
through 2001.
``(5) 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 1997 through 2001.
``(b) 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)) 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. 304. 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 is authorized, to the extent funds are made
available in appropriations Acts, to take 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; and
(4) will not involve major structural or operational
changes in the project.
(b) 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).
SEC. 305. FEDERAL LUMP-SUM PAYMENTS FOR FEDERAL OPERATION AND
MAINTENANCE COSTS.
(a) In General.--In the case of a water resources project under the
jurisdiction of the Department of the Army for which the non-Federal
interests are responsible for performing the operation, maintenance,
replacement, and rehabilitation of the project, or a separable element
(as defined in section 103(f) of the Water Resources Development Act of
1986 (33 U.S.C. 2213(f)) of the project, and for which the Federal
Government is responsible for paying a portion of the operation,
maintenance, replacement, and rehabilitation costs of the project or
separable element, the Secretary may make, in accordance with this
section and under terms and conditions acceptable to the Secretary, a
payment of the estimated total Federal share of the costs to the non-
Federal interests after completion of construction of the project or
separable element.
(b) Amount of Payment.--The amount that may be paid by the
Secretary under subsection (a) shall be equal to the present value of
the Federal payments over the life of the project, as estimated by the
Federal Government, and shall be computed using an interest rate
determined by the Secretary of the Treasury taking into consideration
current market yields on outstanding marketable obligations of the
United States with maturities comparable to the remaining life of the
project.
(c) Agreement.--The Secretary may make a payment under this section
only if the non-Federal interests have entered into a binding agreement
with the Secretary to perform the operation, maintenance, replacement,
and rehabilitation of the project or separable element. The agreement
shall--
(1) meet the requirements of section 221 of the Flood
Control Act of 1970 (42 U.S.C. 1962d-5b); and
(2) specify--
(A) the terms and conditions under which a payment
may be made under this section; and
(B) the rights of, and remedies available to, the
Federal Government to recover all or a portion of a
payment made under this section if a non-Federal
interest suspends or terminates the performance by the
non-Federal interest of the operation, maintenance,
replacement, and rehabilitation of the project or
separable element, or fails to perform the activities
in a manner that is satisfactory to the Secretary.
(d) Effect of Payment.--Except as provided in subsection (c), a
payment provided to the non-Federal interests under this section shall
relieve the Federal Government of any obligation, after the date of the
payment, to pay any of the operation, maintenance, replacement, or
rehabilitation costs for the project or separable element.
SEC. 306. COST-SHARING FOR REMOVAL OF EXISTING PROJECT FEATURES.
After the date of enactment of this Act, any proposal submitted to
Congress by the Secretary for modification of an existing authorized
water resources development project (in existence on the date of the
proposal) by removal of one or more of the project features that would
significantly and adversely impact the authorized project purposes or
outputs shall include the recommendation that the non-Federal interests
shall provide 50 percent of the cost of any such modification,
including the cost of acquiring any additional interests in lands that
become necessary for accomplishing the modification.
SEC. 307. TERMINATION OF TECHNICAL ADVISORY COMMITTEE.
Section 310 of the Water Resources Development Act of 1990 (33
U.S.C. 2319) 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. 308. 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)) is amended--
(1) in the first sentence, by striking ``10'' and inserting
``5'';
(2) in the second sentence, by striking ``Before'' and
inserting ``Upon official''; 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 (Public Law 100-676; 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. 309. PARTICIPATION IN INTERNATIONAL ENGINEERING AND SCIENTIFIC
CONFERENCES.
Section 211 of the Flood Control Act of 1950 (33 U.S.C. 701u) is
repealed.
SEC. 310. RESEARCH AND DEVELOPMENT IN SUPPORT OF ARMY CIVIL WORKS
PROGRAM.
(a) In General.--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, and cooperative agreements with, and grants to, 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.--In the case of a contract for research
or development, or both, the Secretary may--
(1) require that the research or development, or both, have
potential commercial application; and
(2) use the potential for commercial application as an
evaluation factor, if appropriate.
SEC. 311. 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. The Secretary
may engage in activities in support of international organizations only
after consulting with the Secretary of State. The Secretary may use the
technical and managerial expertise of the Army Corps of Engineers to
address domestic and international problems related to water resources,
infrastructure development, and environmental protection.
(b) Funding.--There are 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. 312. SECTION 1135 PROGRAM.
(a) Expansion of Program.--Section 1135 of the Water Resources
Development Act of 1986 (33 U.S.C. 2309a) is amended--
(1) in subsection (a), by inserting before the period at
the end the following: ``and to determine if the operation of
the projects has contributed to the degradation of the quality
of the environment'';
(2) in subsection (b), by striking the last two sentences;
(3) by redesignating subsections (c), (d), and (e) as
subsections (e), (f), and (g), respectively; and
(4) by inserting after subsection (b) the following:
``(c) Measures To Restore Environmental Quality.--If the Secretary
determines under subsection (a) that operation of a water resources
project has contributed to the degradation of the quality of the
environment, the Secretary may carry out, with respect to the project,
measures for the restoration of environmental quality, if the measures
are feasible and consistent with the authorized purposes of the
project.
``(d) Funding.--The non-Federal share of the cost of any
modification or measure carried out pursuant to subsection (b) or (c)
shall be 25 percent. Not more than $5,000,000 in Federal funds may be
expended on any 1 such modification or measure.''.
(b) Pine Flat Dam Fish and Wildlife Habitat Restoration,
California.--In accordance with section 1135(b) of the Water Resources
Development Act of 1986 (33 U.S.C. 2309a(b)), the Secretary shall carry
out the construction of a turbine bypass at Pine Flat Dam, Kings River,
California.
(c) Lower Amazon Creek Restoration, Oregon.--In accordance with
section 1135 of the Water Resources Development Act of 1986 (33 U.S.C.
2309a), the Secretary may carry out justified environmental restoration
measures with respect to the flood reduction measures constructed by
the Army Corps of Engineers, and the related flood reduction measures
constructed by the Natural Resources Conservation Service, in the
Amazon Creek drainage. The Federal share of the restoration measures
shall be jointly funded by the Army Corps of Engineers and the Natural
Resources Conservation Service in proportion to the share required to
be paid by each agency of the original costs of the flood reduction
measures.
SEC. 313. ENVIRONMENTAL DREDGING.
Section 312 of the Water Resources Development Act of 1990 (Public
Law 101-640; 33 U.S.C. 1252 note) is amended by striking subsection
(f).
SEC. 314. FEASIBILITY STUDIES.
(a) Non-Federal Share.--Section 105(a)(1) of the Water Resources
Development Act of 1986 (33 U.S.C. 2215(a)(1)) is amended--
(1) in the first sentence, by striking ``during the period
of such study'';
(2) by inserting after the first sentence the following:
``During the period of the study, the non-Federal share of the
cost of the study shall be not more than 50 percent of the
estimate of the cost of the study as contained in the
feasibility cost sharing agreement. The cost estimate may be
amended only by mutual agreement of the Secretary and the non-
Federal interests. The non-Federal share of any costs in excess
of the cost estimate shall, except as otherwise mutually agreed
by the Secretary and the non-Federal interests, be payable
after the project has been authorized for construction and on
the date on which the Secretary and non-Federal interests enter
into an agreement pursuant to section 101(e) or 103(j).''; and
(3) in the last sentence, by striking ``such non-Federal
contribution'' and inserting ``the non-Federal share required
under this paragraph''.
(b) Applicability.--The amendments made by subsection (a) shall
apply notwithstanding any feasibility cost sharing agreement entered
into by the Secretary and non-Federal interests, and the Secretary
shall amend any feasibility cost sharing agreements in effect on the
date of enactment of this Act so as to conform the agreements with the
amendments. Nothing in this section or any amendment made by this
section shall require the Secretary to reimburse the non-Federal
interests for funds previously contributed for a study.
SEC. 315. 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), is amended--
(1) by striking ``sections thirteen, fourteen, and
fifteen'' and inserting ``section 13, 14, 15, 19, or 20''; and
(2) by striking ``not exceeding twenty-five hundred dollars
nor less than five hundred dollars'' and inserting ``of not
more than $25,000 for each day that the violation continues''.
(b) General Authority.--Section 20 of the Act (33 U.S.C. 415) is
amended--
(1) in subsection (a)--
(A) by striking ``Under emergency'' and inserting
``Summary Removal Procedures.--Under emergency''; and
(B) by striking ``expense'' the first place it
appears and inserting ``actual expense, including
administrative expenses,'';
(2) in subsection (b)--
(A) by striking ``cost'' and inserting ``actual
cost, including administrative costs,''; and
(B) by striking ``(b) The'' and inserting ``(c)
Liability of Owner, Lessee, or Operator.--The''; and
(3) 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 in accordance with the preceding sentence or
fails to complete removal as soon as possible, the Secretary of the
Army shall remove or destroy the vessel using the summary removal
procedures under subsection (a).''.
SEC. 316. LEVEE OWNERS MANUAL.
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), 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
enactment of this subsection, in accordance with chapter 5 of
title 5, United States Code, the Secretary shall prepare a
manual describing the maintenance and upkeep responsibilities
that the Army 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) Prohibition on delegation.--The preparation of the
manual shall be carried out under the personal direction of the
Secretary.
``(3) Authorization of appropriations.--There are
authorized to be appropriated $1,000,000 to carry out this
subsection.
``(4) Definitions.--In this subsection:
``(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) except as provided in clause (ii),
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; and
``(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.
``(C) Secretary.--The term `Secretary' means the
Secretary of the Army.''.
SEC. 317. RISK-BASED ANALYSIS METHODOLOGY.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary shall obtain the services of an independent
consultant to evaluate--
(1) the relationship between--
(A) the Risk-Based Analysis for Evaluation of
Hydrology/Hydraulics and Economics in Flood Damage
Reduction Studies established in an Army Corps of
Engineers engineering circular; and
(B) minimum engineering and safety standards;
(2) the validity of results generated by the studies
described in paragraph (1); and
(3) policy impacts related to change in the studies
described in paragraph (1).
(b) Task Force.--
(1) In general.--In carrying out the independent evaluation
under subsection (a), the Secretary, not later than 90 days
after the date of enactment of this Act, shall establish a task
force to oversee and review the analysis.
(2) Membership.--The task force shall consist of--
(A) the Assistant Secretary of the Army having
responsibility for civil works, who shall serve as
chairperson of the task force;
(B) the Administrator of the Federal Emergency
Management Agency;
(C) the Chief of the Natural Resources Conservation
Service of the Department of Agriculture;
(D) a State representative appointed by the
Secretary from among individuals recommended by the
Association of State Floodplain Managers;
(E) a local government public works official
appointed by the Secretary from among individuals
recommended by a national organization representing
public works officials; and
(F) an individual from the private sector, who
shall be appointed by the Secretary.
(3) Compensation.--
(A) In general.--Except as provided in subparagraph
(B), a member of the task force shall serve without
compensation.
(B) Expenses.--Each member of the task force shall
be allowed--
(i) travel expenses, including per diem in
lieu of subsistence, at rates authorized for
employees of agencies 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 task force; and
(ii) other expenses incurred in the
performance of services for the task force, as
determined by the Secretary.
(4) Termination.--The task force shall terminate 2 years
after the date of enactment of this Act.
(c) Limitation on Use of Methodology.--During the period beginning
on the date of enactment of this Act and ending 2 years 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 subsection (a) for the evaluation and design of a project
carried out in cooperation with the non-Federal interest unless the
Secretary, in consultation with the task force, has provided direction
for use of the technique after consideration of the independent
evaluation required under subsection (a).
(d) Authorization of Appropriations.--There are authorized to be
appropriated $500,000 to carry out this section.
SEC. 318. SEDIMENTS DECONTAMINATION TECHNOLOGY.
Section 405 of the Water Resources Development Act of 1992 (Public
Law 102-580; 33 U.S.C. 2239 note) is amended--
(1) in subsection (a)--
(A) in paragraph (2), by adding at the end the
following: ``The goal of the program shall be to make
possible the development, on an operational scale, of 1
or more sediment decontamination technologies, each of
which demonstrates a sediment decontamination capacity
of at least 2,500 cubic yards per day.''; and
(B) by adding at the end the following:
``(3) Report to congress.--Not later than September 30,
1996, and September 30 of each year thereafter, the
Administrator and the Secretary shall report to Congress on
progress made toward the goal described in paragraph (2).'';
and
(2) in subsection (c)--
(A) by striking ``$5,000,000'' and inserting
``$10,000,000''; and
(B) by striking ``1992'' and inserting ``1996''.
SEC. 319. MELALEUCA TREE.
Section 104(a) of the River and Harbor Act of 1958 (33 U.S.C.
610(a)) is amended by inserting ``melaleuca tree,'' after ``milfoil,''.
SEC. 320. 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. 321. DESIGNATION OF LOCK AND DAM AT THE RED RIVER WATERWAY,
LOUISIANA.
(a) Designation.--Lock and Dam numbered 4 of the Red River
Waterway, Louisiana, is designated as the ``Russell B. Long Lock and
Dam''.
(b) Legal References.--A reference in any law, regulation,
document, map, record, or other paper of the United States to the lock
and dam referred to in subsection (a) shall be deemed to be a reference
to the ``Russell B. Long Lock and Dam''.
SEC. 322. JURISDICTION OF MISSISSIPPI RIVER COMMISSION, LOUISIANA.
The jurisdiction of the Mississippi River Commission established by
the Act of June 28, 1879 (21 Stat. 37, chapter 43; 33 U.S.C. 641 et
seq.), is extended to include 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.
SEC. 323. WILLIAM JENNINGS RANDOLPH ACCESS ROAD, GARRETT COUNTY,
MARYLAND.
The Secretary shall transfer up to $600,000 from the funds
appropriated for the William Jennings Randolph Lake, Maryland and West
Virginia, project 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. 324. ARKABUTLA DAM AND LAKE, MISSISSIPPI.
The Secretary shall repair the access roads to Arkabutla Dam and
Arkabutla Lake in Tate County and DeSoto County, Mississippi, at a
total cost of not to exceed $1,400,000.
SEC. 325. NEW YORK STATE CANAL SYSTEM.
(a) In General.--In order to make capital improvements to the New
York State canal system, 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 related
facilities, including trailside facilities and other recreational
projects along the waterways referred to in subsection (c).
(b) Federal Share.--The Federal share of the cost of capital
improvements under this section shall be 50 percent. The total cost is
$14,000,000, with an estimated Federal cost of $7,000,000 and an
estimated non-Federal cost of $7,000,000.
(c) Definition of New York State Canal System.--In this section,
the term ``New York State canal system'' means the Erie, Oswego,
Champlain, and Cayuga-Seneca Canals in New York.
SEC. 326. 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. The estimated Federal share of the project cost is
$1,012,500, and the estimated non-Federal share of the project cost is
$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. 327. 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 dredge material
disposal area for dredging activities in the vicinity of Charleston,
South Carolina, including the Charleston Harbor navigation project.
(c) Cost Sharing.--Nothing in this section modifies any non-Federal
cost-sharing requirement established under title I of the Water
Resources Development Act of 1986 (33 U.S.C. 2211 et seq.).
SEC. 328. NUISANCE AQUATIC VEGETATION IN LAKE GASTON, VIRGINIA AND
NORTH CAROLINA.
Section 339(b) of the Water Resources Development Act of 1992
(Public Law 102-580; 106 Stat. 4855) is amended by striking ``1993 and
1994'' and inserting ``1995 and 1996''.
SEC. 329. WASHINGTON AQUEDUCT.
(a) Definitions.--In this section:
(1) Non-Federal public water supply customer.--The term
``non-Federal public water supply customer'' means--
(A) the District of Columbia;
(B) Arlington County, Virginia; and
(C) the City of Falls Church, Virginia.
(2) Washington aqueduct.--The term ``Washington Aqueduct''
means the Washington Aqueduct facilities and related facilities
owned by the Federal Government as of the date of enactment of
this Act, including--
(A) the dams, intake works, conduits, and pump
stations that capture and transport raw water from the
Potomac River to the Dalecarlia Reservoir;
(B) the infrastructure and appurtenances used to
treat water taken from the Potomac River to potable
standards; and
(C) related water distribution facilities.
(b) Regional Entity.--
(1) In general.--Congress encourages and grants consent to
the non-Federal public water supply customers to establish a
public or private entity or to enter into an agreement with an
existing public or private entity to--
(A) receive title to the Washington Aqueduct; and
(B) operate, maintain, and manage the Washington
Aqueduct in a manner that adequately represents all
interests of non-Federal public water supply customers.
(2) Consideration.--An entity receiving title to the
Washington Aqueduct that is not composed entirely of the non-
Federal public water supply customers shall receive
consideration for providing equity for the Aqueduct.
(3) Priority access.--The non-Federal public water supply
customers shall have priority access to any water produced by
the Aqueduct.
(4) Consent of congress.--Congress grants consent to the
non-Federal public water supply customers to enter into any
interstate agreement or compact required to carry out this
section.
(5) Statutory construction.--This section shall not
preclude the non-Federal public water supply customers from
pursuing any option regarding ownership, operation,
maintenance, and management of the Washington Aqueduct.
(c) Progress report and plan.--Not later than 1 year after the date
of enactment of this Act, the Secretary shall report to the Committee
on Environment and Public Works in the Senate and the Committee on
Transportation and Infrastructure in the House of Representatives on
any progress in achieving a plan for the transfer of ownership,
operation, maintenance, and management of the Washington Aqueduct to a
public or private entity.
(d) Transfer.--
(1) In general.--Subject to subsection (b)(2) and any terms
or conditions the Secretary considers appropriate to protect
the interests of the United States, the Secretary may, with the
consent of the non-Federal public water supply customers and
without consideration to the Federal Government, transfer all
rights, title, and interest of the United States in the
Washington Aqueduct, its real property, facilities, and
personalty, to a public or private entity established or
contracted with pursuant to subsection (b).
(2) Adequate capabilities.--The Secretary shall transfer
ownership to the Washington Aqueduct under paragraph (1) only
if the Secretary determines, after opportunity for public
input, that the entity to receive ownership of the Aqueduct has
the technical, managerial, and financial capability to operate,
maintain, and manage the Aqueduct.
(3) Responsibilities.--The Secretary shall not transfer
title under this subsection unless the entity to receive title
assumes full responsibility for performing and financing the
operation, maintenance, repair, replacement, rehabilitation,
and necessary capital improvements of the Washington Aqueduct
so as to ensure the continued operation of the Washington
Aqueduct consistent with Aqueduct's intended purpose of
providing an uninterrupted supply of potable water sufficient
to meet the current and future needs of the Aqueduct's service
area.
(e) Interim Borrowing Authority.--
(1) Borrowing.--
(A) In general.--The Secretary is authorized to
borrow from the Treasury of the United States such
amounts for fiscal years 1997 and 1998 as is sufficient
to cover any obligations that the United States Army
Corps of Engineers is required to incur in carrying out
capital improvements during fiscal years 1997 and 1998
for the Washington Aqueduct to ensure continued
operation of the Aqueduct until such time as a transfer
of title of the Aqueduct has taken place.
(B) Limitation.--The amount borrowed by the
Secretary under subparagraph (A) may not exceed
$29,000,000 for fiscal year 1997 and $24,000,000 for
fiscal year 1998.
(C) Agreement.--Amounts borrowed under subparagraph
(A) may only be used for capital improvements agreed to
by the Army Corps of Engineers and the non-Federal
public water supply customers.
(D) Terms of borrowing.--
(i) In general.--The Secretary of the
Treasury shall provide the funds borrowed under
subparagraph (A) under such terms and
conditions as the Secretary of Treasury
determines to be necessary and in the public
interest and subject to the contracts required
in paragraph (2).
(ii) Specified terms.--The term of any
amounts borrowed under subparagraph (A) shall
be for a period of not less than 20 years.
There shall be no penalty for the prepayment of
any amounts borrowed under subparagraph (A).
(2) Contracts with public water supply customers.--
(A) Contracts to repay corps debt.--To the extent
provided in appropriations Act, and in accordance with
paragraph (1), the Chief of Engineers of the Army Corps
of Engineers may enter into a series of contracts with
each public water supply customer under which the
customer commits to repay a pro-rata share (based on
water purchase) of the principal and interest owed by
the Secretary to the Secretary of the Treasury under
paragraph (1). Any customer, or customers, may prepay,
at any time, the pro-rata share of the principal and
interest then owed by the customer and outstanding, or
any portion thereof, without penalty. Under each of the
contracts, the customer that enters into the contract
shall commit to pay any additional amount necessary to
fully offset the risk of default on the contract.
(B) Offsetting of risk of default.--Each contract
under subparagraph (A) shall include such additional
terms and conditions as the Secretary of the Treasury
may require so that the value to the Government of the
contracts is estimated to be equal to the obligational
authority used by the Army Corps of Engineers for
modernizing the Washington Aqueduct at the time that
each series of contracts is entered into.
(C) Other conditions.--Each contract entered into
under subparagraph (A) shall--
(i) provide that the public water supply
customer pledges future income only from fees
assessed to operate and maintain the Washington
Aqueduct;
(ii) provide the United States priority in
regard to income from fees assessed to operate
and maintain the Washington Aqueduct; and
(iii) include other conditions not
inconsistent with this section that the
Secretary of the Treasury determines to be
appropriate.
(3) Extension of borrowing authority.--If no later than 24
months from the date of enactment of this Act, a written
agreement in principle has been reached between the Secretary,
the non-Federal public water supply customers, and (if one
exists) the public or private entity proposed to own, operate,
maintain, and manage the Washington Aqueduct, then it shall be
appropriated to the Secretary for fiscal year 1999 borrowing
authority, and the Secretary shall borrow, under the same terms
and conditions noted in this subsection, in an amount
sufficient to cover those obligations which the Army Corps of
Engineers is required to incur in carrying out capital
improvements that year for the Washington Aqueduct to ensure
continued operations until the transfer contemplated in
subsection (b) has taken place, provided that this borrowing
shall not exceed $22,000,000 in fiscal year 1999; provided also
that no such borrowings shall occur once such non-Federal
public or private owner shall have been established and
achieved the capacity to borrow on its own.
(4) Impact on improvement program.--Not later than 6 months
after the date of enactment of this Act, the Secretary, in
consultation with other Federal agencies, shall transmit to the
Committee on Environment and Public Works in the Senate and the
Committee on Transportation and Infrastructure in the House of
Representatives a report that assesses the impact of the
borrowing authority referred to in this subsection on the near
term improvement projects in the Washington Aqueduct
Improvement Program, work scheduled during this period and the
financial liability to be incurred.
(f) Delayed Reissuance of NPDES Permit.--In recognition of more
efficient water-facility configurations that might be achieved through
various possible ownership transfers of the Washington Aqueduct, the
United States Environmental Protection Agency shall delay the
reissuance of the NPDES permit for the Washington Aqueduct until
Federal fiscal year 1999.
SEC. 330. 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 carrying out the agreement under this section shall
be 100 percent.
(e) Applicability of Other Federal and State Laws and Agreements.--
(1) In general.--Nothing in this section waives, limits, or
otherwise affects the applicability of any provision of Federal
or State law that would otherwise apply to a project carried
out with assistance provided under this section.
(2) Cooperation.--In carrying out this section, the
Secretary shall cooperate fully with the heads of appropriate
Federal agencies, including--
(A) the Administrator of the Environmental
Protection Agency;
(B) the Secretary of Commerce, acting through the
Administrator of the National Oceanic and Atmospheric
Administration;
(C) the Secretary of the Interior, acting through
the Director of the United States Fish and Wildlife
Service; and
(D) 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) Demonstration Project.--The Secretary shall establish at least
1 project under this section in each of the States of Maryland,
Virginia, and Pennsylvania. A project established under this section
shall be carried out using such measures as are necessary to protect
environmental, historic, and cultural resources.
(g) 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.
(h) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $10,000,000, to remain available
until expended.
SEC. 331. 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 is authorized to 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
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 are authorized
to be appropriated $10,000,000 to carry out research and
development activities under subparagraphs (A) through (C) of
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 hydro system.
(2) Authorization of appropriations.--There are 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. 332. RECREATIONAL USER FEES.
(a) 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 the Act at the water resources development project at which
the fees were collected''.
(b) Report.--Not later than 90 days after the date of 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 year 1995, on--
(1) 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
(2) the administrative costs associated with the collection
of the day-use fees at each water resources development
project.
SEC. 333. SHORE PROTECTION.
(a) In General.--Subsection (a) of the first section of the Act of
August 13, 1946 (60 Stat. 1056, chapter 960; 33 U.S.C. 426e(a)), 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 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) Definition of Shore Protection Project.--Section 4 of the Act
of August 13, 1946 (60 Stat. 1057, chapter 960; 33 U.S.C. 426h), is
amended--
(1) by striking ``Sec. 4. As used in this Act, the word
`shores' includes all the shorelines'' and inserting the
following:
``SEC. 4. DEFINITIONS.
``In this Act:
``(1) Shore.--The term `shore' includes each shoreline of
each''; and
(2) by adding at the end the following:
``(2) Shore protection project.--The term `shore protection
project' includes a project for beach nourishment, including
the replacement of sand.''.
SEC. 334. SHORELINE EROSION CONTROL DEMONSTRATION.
(a) National Shoreline Erosion Control Development and
Demonstration Program.--The Act of August 13, 1946 (60 Stat. 1056,
chapter 960; 33 U.S.C. 426e et seq.), is amended by adding at the end
the following:
``SEC. 5. NATIONAL SHORELINE EROSION CONTROL DEVELOPMENT AND
DEMONSTRATION PROGRAM.
``(a) Definitions.--In this section:
``(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, acting through the Chief of Engineers of the Army
Corps of Engineers.
``(b) Establishment of Erosion Control Program.--The Secretary
shall establish and conduct a national shoreline erosion control
development and demonstration program for a period of 8 years beginning
on the date that funds are made available to carry out this section.
``(c) Requirements.--
``(1) In general.--The erosion control program shall
include provisions for--
``(A) demonstration projects consisting of
planning, designing, and constructing prototype
engineered and vegetative shoreline erosion control
devices and methods during the first 5 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 demonstration 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
(section 54 of Public Law 93-251; 42 U.S.C. 1962d-5
note), 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 demonstration 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
demonstration 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.--Demonstration projects under the
erosion control program shall be carried out at not
fewer than 2 sites on each of the shorelines of--
``(i) the Atlantic, Gulf, and Pacific
coasts;
``(ii) the Great Lakes; and
``(iii) the State of Alaska.
``(d) Cooperation.--
``(1) Parties.--The Secretary shall carry out the erosion
control program in cooperation 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 first section of Public Law 88-
172 (33 U.S.C. 426-1); and
``(E) university research facilities.
``(2) Agreements.--The cooperation 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 (c)(1) when appropriate.
``(e) 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.
``(f) Funding.--
``(1) In general.--Subject to paragraph (2), the Federal
share of the cost of a demonstration project under the erosion
control program shall be determined in accordance with section
3.
``(2) 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.''.
(b) Conforming Amendment.--Subsection (e) of the first section of
the Act of August 13, 1946 (60 Stat. 1056, chapter 960; 33 U.S.C.
426e(e)), is amended by striking ``section 3'' and inserting ``section
3 or 5''.
SEC. 335. REVIEW PERIOD FOR STATE AND FEDERAL AGENCIES.
Paragraph (a) of the first section 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 (33 U.S.C. 701-1(a)), is amended--
(1) in the ninth sentence, by striking ``ninety'' and
inserting ``30''; and
(2) in the eleventh sentence, by striking ``ninety-day''
and inserting ``30-day''.
SEC. 336. DREDGED MATERIAL DISPOSAL FACILITIES.
(a) In General.--Section 101 of the Water Resources Development Act
of 1986 (33 U.S.C. 2211) is amended by adding at the end the following:
``(f) Dredged Material Disposal Facilities.--
``(1) In general.--The construction of all dredged material
disposal facilities associated with Federal navigation projects
for harbors and inland harbors, including diking and other
improvements necessary for the proper disposal of dredged
material, shall be considered to be general navigation features
of the projects and shall be cost-shared in accordance with
subsection (a).
``(2) Cost sharing for operation and maintenance.--
``(A) In general.--The Federal share of the cost of
operation and maintenance of each disposal facility to
which paragraph (1) applies shall be determined in
accordance with subsection (b).
``(B) Source of federal share.--The Federal share
of the cost of construction of dredged material
disposal facilities associated with the operation and
maintenance of Federal navigation projects for harbors
and inland harbors shall be--
``(i) considered to be eligible operation
and maintenance costs for the purpose of
section 210(a); and
``(ii) paid with sums appropriated out of
the Harbor Maintenance Trust Fund established
by section 9505 of the Internal Revenue Code of
1986.
``(3) Apportionment of funding.--The Secretary shall
ensure, to the extent practicable, that--
``(A) funding requirements for operation and
maintenance dredging of commercial navigation harbors
are considered fully before Federal funds are obligated
for payment of the Federal share of costs associated
with the construction of dredged material disposal
facilities under paragraph (1); and
``(B) funds expended for such construction are
equitably apportioned in accordance with regional
needs.
``(4) Applicability.--
``(A) In general.--This subsection shall apply to
the construction of any dredged material disposal
facility for which a contract for construction has not
been awarded on or before the date of enactment of this
subsection.
``(B) Amendment of existing agreements.--The
Secretary may, with the consent of the non-Federal
interest, amend a project cooperation agreement
executed before the date of enactment of this
subsection to reflect paragraph (1) with respect to any
dredged material disposal facility for which a contract
for construction has not been awarded as of that date.
``(5) Non-federal share of costs.--Nothing in this
subsection shall impose, increase, or result in the increase of
the non-Federal share of the costs of any existing dredged
material disposal facility authorized to be provided before the
date of enactment of this subsection.''.
(b) Definition of Eligible Operations and Maintenance.--Section
214(2)(A) of the Water Resources Development Act of 1986 (33 U.S.C.
2241(2)(A)) is amended by inserting before the period at the end the
following: ``, dredging and disposal of contaminated sediments that are
in or that affect the maintenance of a Federal navigation channel,
mitigation for storm damage and environmental impacts resulting from a
Federal maintenance activity, and operation and maintenance of a
dredged material disposal facility''.
SEC. 337. APPLICABILITY OF COST-SHARING PROVISIONS.
Section 103(e)(1) of the Water Resources Development Act of 1986
(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.''.
SEC. 338. 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 second period at the end.
(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 San Antonio
River Authority in 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 enactment of this Act.
SEC. 339. WAIVER OF UNECONOMICAL COST-SHARING REQUIREMENT.
The first sentence of section 221(a) of the Flood Control Act of
1970 (42 U.S.C. 1962d-5b(a)) is amended by inserting before the period
at the end the following: ``, except that no such agreement shall be
required if the Secretary determines that the administrative costs
associated with negotiating, executing, or administering the agreement
would exceed the amount of the contribution required from the non-
Federal interest''.
SEC. 340. 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, and
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. 341. RECOVERY OF COSTS FOR CLEANUP OF HAZARDOUS SUBSTANCES.
Any amount 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 Army Corps of Engineers, and any
amount recovered by the Secretary from a contractor, insurer, surety,
or other person to reimburse the Secretary for any expenditure for
environmental response activities in support of the civil works
program, shall be credited to the trust fund account to which the cost
of the response action has been or will be charged.
SEC. 342. CITY OF NORTH BONNEVILLE, WASHINGTON.
Section 9147 of the Department of Defense Appropriations Act, 1993
(Public Law 102-396; 106 Stat. 1940), is amended to read as follows:
``SEC. 9147. CITY OF NORTH BONNEVILLE, WASHINGTON.
``(a) Conveyances.--
``(1) In general.--The project for Bonneville Lock and Dam,
Columbia River, Oregon and Washington, authorized by the Act of
August 20, 1937 (commonly known as the `Bonneville Project Act
of 1937') (50 Stat. 731, chapter 720; 16 U.S.C. 832 et seq.),
and modified by section 83 of the Water Resources Development
Act of 1974 (Public Law 93-251; 88 Stat. 35), is further
modified to authorize the Secretary of the Army to convey to
the city of North Bonneville, Washington (referred to in this
section as the `city'), at no further cost to the city, all
right, title, and interest of the United States in and to--
``(A) 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 (known as the `community
center lot'), M18, M19, M22, M24, S42 through S45, and
S52 through S60, as shown on the plats of Skamania
County, Washington;
``(B) the lot known as the `school lot' and shown
as Lot 2, Block 5, on the plats of relocated North
Bonneville, recorded in Skamania County, Washington;
``(C) Parcels 2 and C, but only on the completion
of any environmental response activities required under
applicable law;
``(D) that portion of Parcel B lying south of the
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 of the Army determines, at the time of
the proposed conveyance, that the Department of the
Army has taken all actions necessary to protect human
health and the environment;
``(E) such portions of Parcel H as can be conveyed
without a requirement for further investigation,
inventory, or other action by the Secretary of the Army
under the National Historic Preservation Act (16 U.S.C.
470 et seq.); and
``(F) such easements as the Secretary of the Army
considers necessary for--
``(i) sewer and water line crossings of
relocated Washington State Highway 14; and
``(ii) reasonable public access to the
Columbia River across such portions of Hamilton
Island as remain in the ownership of the United
States.
``(2) Timing of conveyances.--The conveyances described in
subparagraphs (A), (B), (E), and (F)(i) of paragraph (1) shall
be completed not later than 180 days after the United States
receives the release described in subsection (b)(2). All other
conveyances shall be completed expeditiously, subject to any
conditions specified in the applicable subparagraph of
paragraph (1).
``(b) Effect of Conveyances.--
``(1) Congressional intent.--The conveyances authorized by
subsection (a) are intended to resolve all outstanding issues
between the United States and the city.
``(2) Action by city before conveyances.--As prerequisites
to the conveyances, the city shall--
``(A) execute an acknowledgment of payment of just
compensation;
``(B) execute a release of all claims for relief of
any kind against the United States arising from the
relocation of the city or any Federal statute enacted
before the date of enactment of this subparagraph
relating to the city; and
``(C) dismiss, with prejudice, any pending
litigation involving matters described in subparagraph
(B).
``(3) Action by attorney general.--On receipt of the city's
acknowledgment and release described in paragraph (2), the
Attorney General shall--
``(A) dismiss any pending litigation arising from
the relocation of the city; and
``(B) execute a release of all rights to damages of
any kind (including any interest on the damages) under
Town of North Bonneville, Washington v. United States,
11 Cl. Ct. 694, aff'd in part and rev'd in part, 833
F.2d 1024 (Fed. Cir. 1987), cert. denied, 485 U.S. 1007
(1988).
``(4) Action by city after conveyances.--Not later than 60
days after the conveyances authorized by subparagraphs (A)
through (F)(i) of subsection (a)(1) have been completed, the
city shall--
``(A) execute an acknowledgment that all
entitlements to the city under the subparagraphs have
been fulfilled; and
``(B) execute a release of all claims for relief of
any kind against the United States arising from this
section.
``(c) Authority of City Over Certain Lands.--Beginning on the date
of enactment of paragraph (1), the city or any successor in interest to
the city--
``(1) shall be precluded from exercising any jurisdiction
over any land owned in whole or in part by the United States
and administered by the Army Corps of Engineers in connection
with the Bonneville project; and
``(2) may change the zoning designations of, sell, or
resell Parcels S35 and S56, which are designated as open spaces
as of the date of enactment of this paragraph.''.
SEC. 343. COLUMBIA RIVER TREATY FISHING ACCESS.
Section 401(a) of Public Law 100-581 (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 Army 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. 344. TRI-CITIES AREA, WASHINGTON.
(a) General Authority.--As soon as practicable after the date of
enactment of this Act, the Secretary shall make the conveyances to the
local governments referred to in subsection (b) of all right, title,
and interest of the United States in and to the property described in
subsection (b).
(b) Property Descriptions.--
(1) Benton county, washington.--The property to be conveyed
under subsection (a) to Benton County, Washington, is the
property in the county that is designated ``Area D'' on Exhibit
A to Army Lease No. DACW-68-1-81-43.
(2) Franklin county, washington.--The property to be
conveyed under subsection (a) to Franklin County, Washington,
is--
(A) the 105.01 acres of property leased under Army
Lease No. DACW-68-1-77-20 as executed by Franklin
County, Washington, on April 7, 1977;
(B) the 35 acres of property leased under
Supplemental Agreement No. 1 to Army Lease No. DACW-68-
1-77-20;
(C) the 20 acres of property commonly known as
``Richland Bend'' that 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;
(D) the 7.05 acres of property commonly known as
``Taylor Flat'' that 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;
(E) the 14.69 acres of property commonly known as
``Byers Landing'' that 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
(F) all levees in Franklin County, Washington, as
of the date of enactment of this Act, and the property
on which the levees are situated.
(3) City of kennewick, washington.--The property to be
conveyed under subsection (a) 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.
(4) City of richland, washington.--The property to be
conveyed under subsection (a) 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.
(5) City of pasco, washington.--The property to be conveyed
under subsection (a) to the city of Pasco, Washington, is--
(A) the property in the city of Pasco, Washington,
that is leased under Army Lease No. DACW-68-1-77-10;
and
(B) all levees in the city, as of the date of
enactment of this Act, and the property on which the
levees are situated.
(6) Port of pasco, washington.--The property to be conveyed
under subsection (a) to the Port of Pasco, Washington, is--
(A) 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
(B) 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.
(7) Additional properties.--In addition to properties
described in paragraphs (1) through (6), the Secretary may
convey to a local government referred to in any of paragraphs
(1) through (6) 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.
(c) Terms and Conditions.--
(1) In general.--The conveyances under subsection (a) shall
be subject to such terms and conditions as the Secretary
considers necessary and appropriate to protect the interests of
the United States.
(2) Special rules for franklin county.--The property
described in subsection (b)(2)(F) shall be conveyed only after
Franklin County, Washington, enters 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 the agreement.
(3) Special rule for city of pasco.--The property described
in subsection (b)(5)(B) shall be conveyed only after the city
of Pasco, Washington, enters 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 the agreement.
(4) Consideration.--
(A) Administrative costs.--A local government to
which property is conveyed under this section shall pay
all administrative costs associated with the
conveyance.
(B) Park and recreation properties.--Properties to
be conveyed under this section 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 the
property shall revert to the United States.
(C) Other properties.--Properties to be conveyed
under this section and not described in subparagraph
(B) shall be conveyed at fair market value.
(d) Lake Wallula Levees.--
(1) Determination of minimum safe height.--
(A) Contract.--Not later than 30 days after the
date of enactment of this Act, the Secretary shall
contract with a private entity agreed to under
subparagraph (B) to determine, not later than 180 days
after the date of enactment of this Act, 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.
(B) Agreement of local officials.--A contract shall
be entered into under subparagraph (A) 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.
(2) 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 the local government to a height not lower
than the minimum safe height determined under paragraph (1).
SEC. 345. DESIGNATION OF LOCKS AND DAMS ON TENNESSEE-TOMBIGBEE
WATERWAY.
(a) In General.--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:
(1) Gainesville Lock and Dam at Mile 266 designated as
Howell Heflin Lock and Dam.
(2) Columbus Lock and Dam at Mile 335 designated as John C.
Stennis Lock and Dam.
(3) The lock and dam at Mile 358 designated as Aberdeen
Lock and Dam.
(4) Lock A at Mile 371 designated as Amory Lock.
(5) Lock B at Mile 376 designated as Glover Wilkins Lock.
(6) Lock C at Mile 391 designated as Fulton Lock.
(7) Lock D at Mile 398 designated as John Rankin Lock.
(8) Lock E at Mile 407 designated as G.V. ``Sonny''
Montgomery Lock.
(9) Bay Springs Lock and Dam at Mile 412 designated as
Jamie Whitten Lock and Dam.
(b) Legal References.--A reference in any law, regulation,
document, map, record, or other paper of the United States to a lock,
or lock and dam, referred to in subsection (a) shall be deemed to be a
reference to the designation for the lock, or lock and dam, provided in
the subsection.
SEC. 346. DESIGNATION OF J. BENNETT JOHNSTON WATERWAY.
(a) In General.--The portion of the Red River, Louisiana, from new
river mile 0 to new river mile 235 shall be known and designated as the
``J. Bennett Johnston Waterway''.
(b) References.--Any reference in any law, regulation, document,
map, record, or other paper of the United States to the portion of the
Red River described in subsection (a) shall be deemed to be a reference
to the ``J. Bennett Johnston Waterway''.
SEC. 347. 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)) is amended by striking ``(8662)'' and inserting
``(8862)''.
(b) Challenge Cost-Sharing Program.--The second sentence of section
225(c) of the Act (33 U.S.C. 2328(c)) is amended by striking ``(8662)''
and inserting ``(8862)''.
Passed the Senate July 11, 1996.
Attest:
Secretary.
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104th CONGRESS
2d Session
S. 640
_______________________________________________________________________
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.