[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 640 Introduced in Senate (IS)]
1st Session
S. 640
To provide for the conservation and development of water and related
resources, to authorize the Secretary of the Army to construct various
projects for improvements to rivers and harbors of the United States,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 28 (legislative day, March 27), 1995
Mr. Warner (for himself, Mr. Chafee, Mr. Reid, Mr. Bond, Mr. Graham,
and Mr. McConnell) introduced the following bill; which was read twice
and referred to the Committee on Environment and Public Works
_______________________________________________________________________
A BILL
To provide for the conservation and development of water and related
resources, to authorize the Secretary of the Army to construct various
projects for improvements to rivers and harbors of the United States,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Water Resources
Development Act of 1995''.
(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. Morgan Point, Arkansas.
Sec. 202. White River Basin Lakes, Arkansas and Missouri.
Sec. 203. Pine Flat Dam fish and wildlife habitat restoration,
California.
Sec. 204. Central and southern Florida.
Sec. 205. West Palm Beach, Florida.
Sec. 206. Periodic maintenance dredging for Greenville Inner Harbor
Channel, Mississippi.
Sec. 207. Sardis Lake, Mississippi.
Sec. 208. Libby Dam, Montana.
Sec. 209. Small flood control project, Malta, Montana.
Sec. 210. Cliffwood Beach, New Jersey.
Sec. 211. Fire Island Inlet, New York.
Sec. 212. Wister Lake project, LeFlore County, Oklahoma.
Sec. 213. Abandoned and wrecked barge removal, Rhode Island.
Sec. 214. Providence River and Harbor, Rhode Island.
Sec. 215. Rudee Inlet, Virginia Beach, Virginia.
Sec. 216. Virginia Beach, Virginia.
TITLE III--GENERAL PROVISIONS
Sec. 301. Cost-sharing for environmental projects.
Sec. 302. Collaborative research and development.
Sec. 303. National inventory of dams.
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. Expansion of 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. Jennings Randolph access road, Garrett County, Maryland.
Sec. 323. New York State canal system.
Sec. 324. Quonset Point-Davisville, Rhode Island.
Sec. 325. Capital improvements for the Washington Aqueduct.
Sec. 326. Chesapeake Bay environmental restoration and protection
program.
Sec. 327. 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.
Except as otherwise provided in this section, the following
projects for water resources development and conservation and other
purposes are authorized to be carried out by the Secretary
substantially in accordance with the plans, and subject to the
conditions, recommended in the respective reports designated in this
section:
(1) 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.
(2) 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.
(3) 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.
(4) 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.
(5) Illinois shoreline erosion, interim iii, wilmette to
illinois and indiana state line.--The project for storm damage
reduction and shoreline erosion protection 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
$197,000,000, with an estimated Federal cost of $106,000,000
and an estimated non-Federal cost of $91,000,000, and the
breakwater near the South Water Filtration Plant, a separable
element of the project at a total cost of $9,027,000, with an
estimated Federal cost of $5,868,000 and an estimated non-
Federal cost of $3,159,000. The operation, maintenance, repair,
replacement, and rehabilitation of the project after
construction shall be the responsibility of the non-Federal
interests.
(6) 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.
(7) 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.
(8) 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.
(9) 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.
(10) 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.
(11) Duck creek, ohio.--The project for flood control, Duck
Creek, Cincinnati, Ohio: Report of the Chief of Engineers,
dated July 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.
(12) Pond creek, ohio.--The project for flood control, Pond
Creek, Ohio: 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.
(13) Coos bay, oregon.--The project for navigation, Coos
Bay, Oregon: Report of the Chief of Engineers, dated June 30,
1994, at a total cost of $14,541,000, with an estimated Federal
cost of $10,777,000 and an estimated non-Federal cost of
$3,764,000.
(14) 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.
(15) 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.
(16) 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
$267,900,000. 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.
SEC. 102. PROJECT MODIFICATIONS.
(a) 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.
(b) 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 $34,800,000, with an estimated Federal cost of
$20,774,000 and an estimated non-Federal cost of $14,026,000.
(c) Arkansas City, Kansas.--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), is
modified to authorize the Secretary to construct the project
substantially in accordance with the post authorization change report
for the project dated June 1994, at a total cost of $35,700,000, with
an estimated Federal cost of $26,600,000 and an estimated non-Federal
cost of $9,100,000.
(d) 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.
(e) 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.
(f) 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.
(g) 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.
(h) 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 $12,496,000, with an estimated Federal cost of $9,372,000
and an estimated non-Federal cost of $3,124,000.
(i) India Point Bridge, Seekonk River, Providence, Rhode Island.--
The project for the removal and demolition of the India Point Railroad
Bridge, Seekonk River, Rhode Island, authorized by section 1166(c) of
the Water Resources Development Act of 1986 (Public Law 99-662; 100
Stat. 4258), is modified to authorize the Secretary to demolish and
remove the center span of the bridge, at a total cost of $1,300,000,
with an estimated Federal cost of $650,000, and an estimated non-
Federal cost of $650,000.
(j) 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 $12,370,000, with an
estimated Federal cost of $8,220,000 and an estimated non-Federal cost
of $4,150,000.
SEC. 103. PROJECT DEAUTHORIZATIONS.
(a) 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,
chapter 595), 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.
(b) 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 (chapter 831, 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.
(c) 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, East 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, East 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.
(d) 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.
(e) 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.
(f) 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) Transfer of property.--
(A) In general.--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 (B), including all
works, structures, and other improvements on the lands.
(B) Land description.--The lands to be transferred
pursuant to subparagraph (A) 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.
(C) Terms and conditions.--The transfer under
subparagraph (A) shall be made on the condition that
the State of Wisconsin enters into a written agreement
with the Secretary to hold the United States harmless
from all claims arising from or through the operation
of the lands and improvements subject to the transfer.
(D) Deadlines.--Not later than July 1, 1995, the
Secretary shall transmit to the State of Wisconsin an
offer to make the transfer under this paragraph. The
offer shall provide for the transfer to be made in the
period beginning on November 1, 1995, and ending on
December 31, 1995.
(E) Deauthorization.--The LaFarge Dam and Lake
portion of the project referred to in paragraph (1) is
not authorized after the date of the transfer under
this paragraph.
(F) Interim management and maintenance.--The
Secretary shall continue to manage and maintain the
LaFarge Dam and Lake portion of project referred to in
paragraph (1) until the date of the transfer under this
paragraph.
SEC. 104. STUDIES.
(a) 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.
(b) 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.
(c) 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.
(d) 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.
(e) 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.
(f) Ohio River Greenway, Indiana.--The Secretary shall conduct a
study to determine the feasibility of the greenway project along the
Ohio River in Jeffersonville, Clarksville, and New Albany, Indiana, as
described in the plan entitled ``Conceptual Master Plan: Falls of the
Ohio River Greenway Corridor'', as prepared by the Army Corps of
Engineers in 1994.
(g) White River, Indiana.--The Secretary shall conduct a study to
determine the feasibility of riverfront modifications as described in
the report entitled ``Indianapolis, Indiana, White River Central
Waterfront Reconnaissance Report'', dated October 1993.
(h) 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.
(i) 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.
(j) Lower Platte River, Nebraska.--The Secretary shall conduct a
reconnaissance study of the Lower Platte River to determine the Federal
interest in flood control and related water resources development in
the study area. The Secretary shall consider nonstructural and
structural measures for the management of the floodplain.
(k) 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.
(l) 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.
(m) 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.
(n) 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.
(o) 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.
(p) Flushing Bay, New York.--The Secretary shall determine the
feasibility of dredging the area of Flushing Bay, New York, directly
surrounding the earthen dike to--
(1) restore water depths to pre-1963 levels;
(2) improve the water quality;
(3) restore tidal patterns of the bay through the removal
of mudflats; and
(4) partially remove a portion of the dike for use as fill
for a runway extension at LaGuardia Airport.
(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) Dallas Floodway Extension, Texas.--
(1) Study.--The Secretary shall conduct a study of the
flood control project for Dallas Floodway Extension, Dallas,
Texas, authorized by section 301 of the Flood Control Act of
1965 (Public Law 89-298; 79 Stat. 1091), for the purpose of
determining the feasibility of providing additional flood
protection to the Central Wastewater Treatment Plant and the
area known as Rochester Park.
(2) Report.--The results of the study conducted under
paragraph (1) shall be included in the report presenting the
results of the ongoing reevaluation study of the authorized
project.
(u) 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.
TITLE II--PROJECT-RELATED PROVISIONS
SEC. 201. 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. 202. 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 (commonly referred to as the ``Flood Control Act
of 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. 203. PINE FLAT DAM FISH AND WILDLIFE HABITAT RESTORATION,
CALIFORNIA.
The Secretary shall carry out, in accordance with section 1135(b)
of the Water Resources Development Act of 1986 (33 U.S.C. 2309a(b)),
the construction of a turbine bypass at Pine Flat Dam, Kings River,
California.
SEC. 204. 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 $121,000,000. 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. 205. 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 of the Army in July 1993. Operation and
maintenance of the stormwater detention area shall be consistent with
regulations prescribed by the Secretary for the Central and Southern
Florida project, with all costs of the operation and maintenance work
borne by non-Federal interests.
SEC. 206. 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. 207. 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. 208. 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. 209. 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. 210. 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. 211. 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. 212. 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 (commonly
referred to as the ``Flood Control Act of 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. 213. 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 $1,700,000, with an estimated Federal
cost of $1,275,000, and an estimated non-Federal cost of $425,000. 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. 214. 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. 215. 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. 216. VIRGINIA BEACH, VIRGINIA.
Section 407 of the Water Resources Development Act of 1990 (Public
Law 101-640; 104 Stat. 4647) is amended by adding at the end the
following:
``(c) Funding.--
``(1) In general.--The Secretary shall budget, for fiscal
year 1996, $3,120,803, or such amount as is determined by a
Federal audit carried out by the Army Corps of Engineers, to be
paid to the city of Virginia Beach as reimbursement for beach
nourishment activities undertaken by the city from October 1,
1986, to September 30, 1993, pursuant to subsection (a). The
funds required to be budgeted under the preceding sentence may
not be used to carry out the beach nourishment project being
performed, as of the date of enactment of this paragraph,
pursuant to the local cooperative agreement dated August 9,
1993.
``(2) Failure to pay.--If the Secretary does not make the
payment described in paragraph (1) by February 6, 1997, the
Secretary shall pay to the city of Virginia Beach $3,120,803,
or such amount as is determined by the Federal audit referred
to in paragraph (1).''.
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 INVENTORY OF DAMS.
Section 13 of Public Law 92-367 (33 U.S.C. 467l) is amended by
striking the second sentence and inserting the following: ``There are
authorized to be appropriated to carry out this section $500,000 for
each fiscal year.''.
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 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. EXPANSION OF SECTION 1135 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 new
subsections:
``(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.''.
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 (commonly referred to as the ``River and Harbor
Act of 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 a pilot scale, of 1 or
more sediment decontamination technologies, each of
which demonstrates a sediment decontamination capacity
of at least 400 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 ``1995''.
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 $3,300,000.
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. JENNINGS RANDOLPH ACCESS ROAD, GARRETT COUNTY, MARYLAND.
The Secretary shall transfer up to $600,000 from the funds
appropriated for the 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. 323. 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. 324. 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. 325. CAPITAL IMPROVEMENTS FOR THE WASHINGTON AQUEDUCT.
(a) Authorizations.--
(1) Authorization of modernization.--Subject to approval
in, and in such amounts as may be provided in appropriations
Acts, the Chief of Engineers of the Army Corps of Engineers is
authorized to modernize the Washington Aqueduct.
(2) Authorization of appropriations.--There is authorized
to be appropriated to the Army Corps of Engineers borrowing
authority in amounts sufficient to cover the full costs of
modernizing the Washington Aqueduct. The borrowing authority
shall be provided by the Secretary of the Treasury, under such
terms and conditions as are established by the Secretary of the
Treasury, after a series of contracts with each public water
supply customer has been entered into under subsection (b).
(b) Contracts With Public Water Supply Customers.--
(1) Contracts to repay corps debt.--To the extent provided
in appropriations Acts, and in accordance with paragraphs (2)
and (3), the Chief of Engineers of the Army Corps of Engineers
is authorized to enter into a series of contracts with each
public water supply customer under which the customer commits
to repay a pro-rata share of the principal and interest owed by
the Army Corps of Engineers to the Secretary of the Treasury
under subsection (a). 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.
(2) Offsetting of risk of default.--Each contract under
paragraph (1) 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.
(3) Other conditions.--Each contract entered into under
paragraph (1) shall--
(A) provide that the public water supply customer
pledges future income from fees assessed to operate and
maintain the Washington Aqueduct;
(B) provide the United States priority over all
other creditors; and
(C) include other conditions that the Secretary of
the Treasury determines to be appropriate.
(c) Borrowing Authority.--Subject to an appropriation under
subsection (a)(2) and after entering into a series of contracts under
subsection (b), the Secretary, acting through the Chief of Engineers of
the Army Corps of Engineers, shall seek borrowing authority from the
Secretary of the Treasury under subsection (a)(2).
(d) Definitions.--In this section:
(1) Public water supply customer.--The term ``public water
supply customer'' means the District of Columbia, the county of
Arlington, Virginia, and the city of Falls Church, Virginia.
(2) Value to the government.--The term ``value to the
Government'' means the net present value of a contract under
subsection (b) calculated under the rules set forth in
subparagraphs (A) and (B) of section 502(5) of the
Congressional Budget Act of 1974 (2 U.S.C. 661a(5)), excluding
section 502(5)(B)(i) of the Act, as though the contracts
provided for the repayment of direct loans to the public water
supply customers.
(3) Washington aqueduct.--The term ``Washington Aqueduct''
means the water supply system of treatment plans, raw water
intakes, conduits, reservoirs, transmission mains, and pumping
stations owned by the Federal Government located in the
metropolitan Washington, District of Columbia, area.
SEC. 326. 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 $30,000,000 for fiscal year
1996, to remain available until expended.
SEC. 327. 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)''.
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