Congressional Record, Volume 142 Issue 102 (Thursday, July 11, 1996)

[Congressional Record Volume 142, Number 102 (Thursday, July 11, 1996)]
[Senate]
[Pages S7691-S7743]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

COAST GUARD AUTHORIZATION ACT FOR FISCAL YEAR 1996

Mr. STEVENS. Mr. President, I ask that the Chair lay before the
Senate a message from the House of Representatives on S. 1004, a bill
to authorize appropriations for the U.S. Coast Guard, and for other
purposes.
The PRESIDING OFFICER laid before the Senate the following message
from the House of Representatives:

Resolved, That the bill from the Senate (S. 1004) entitled
``An Act to authorize appropriations for the United States
Coast Guard, and for other purposes'', do pass with the
following amendment:
Strike out all after the enacting clause, and insert:

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Coast Guard Authorization
Act For Fiscal Year 1996''.

SEC. 2. TABLE OF CONTENTS.

The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.

TITLE I--AUTHORIZATIONS

Sec. 101. Authorization of appropriations.
Sec. 102. Authorized levels of military strength and training.
Sec. 103. Quarterly reports on drug interdiction.
Sec. 104. Ensuring maritime safety after closure of small boat station
or reduction to seasonal status.

TITLE II--PERSONNEL MANAGEMENT IMPROVEMENT

Sec. 201. Hurricane Andrew relief.
Sec. 202. Exclude certain reserves from end-of-year strength.
Sec. 203. Provision of child development services.
Sec. 204. Access to national driver register information on certain
Coast Guard personnel.
Sec. 205. Officer retention until retirement eligible.

TITLE III--NAVIGATION SAFETY AND WATERWAY SERVICES MANAGEMENT

Sec. 301. Foreign passenger vessel user fees.
Sec. 302. Florida Avenue Bridge.
Sec. 303. Renewal of Houston-Galveston Navigation Safety Advisory
Committee and Lower Mississippi River Waterway Advisory
Committee.
Sec. 304. Renewal of the Navigation Safety Advisory Council.
Sec. 305. Renewal of Commercial Fishing Industry Vessel Advisory
Committee.
Sec. 306. Nondisclosure of port security plans.
Sec. 307. Maritime drug and alcohol testing program civil penalty.
Sec. 308. Withholding vessel clearance for violation of certain Acts.
Sec. 309. Increased civil penalties.
Sec. 310. Amendment to require emergency position indicating radio
beacons on the Great Lakes.
Sec. 311. Extension of Towing Safety Advisory Committee.

TITLE IV--MISCELLANEOUS

Sec. 401. Transfer of Coast Guard property in Traverse City, Michigan.
Sec. 402. Transfer of Coast Guard property in Ketchikan, Alaska.
Sec. 403. Electronic filing of commercial instruments.
Sec. 404. Board for correction of military records deadline.
Sec. 405. Judicial sale of certain documented vessels to aliens.
Sec. 406. Improved authority to sell recyclable material.
Sec. 407. Recruitment of women and minorities.
Sec. 408. Limitation of certain State authority over vessels.
Sec. 409. Vessel financing.
Sec. 410. Sense of Congress; requirement regarding notice.
Sec. 411. Special selection boards.
Sec. 412. Availability of extrajudicial remedies for default on
preferred mortgage liens on vessels.
Sec. 413. Implementation of water pollution laws with respect to
vegetable oil.
Sec. 414. Certain information from marine casualty investigations
barred in legal proceedings.
Sec. 415. Report on LORAN-C requirements.
Sec. 416. Limited double hull exemptions.
Sec. 417. Oil spill response vessels.
Sec. 418. Offshore facility financial responsibility requirements.
Sec. 419. Manning and watch requirements on towing vessels on the Great
Lakes.
Sec. 420. Limitation on application of certain laws to Lake Texoma.
Sec. 421. Limitation on consolidation or relocation of Houston and
Galveston marine safety offices.
Sec. 422. Sense of the Congress regarding funding for Coast Guard.
Sec. 423. Conveyance of Light Station, Montauk Point, New York.
Sec. 424. Conveyance of Cape Ann Lighthouse, Thachers Island,
Massachusetts.
Sec. 425. Amendments to Johnson Act.
Sec. 426. Transfer of Coast Guard property in Gosnold, Massachusetts.
Sec. 427. Transfer of Coast Guard property in New Shoreham, Rhode
Island.
Sec. 428. Vessel deemed to be a recreational vessel.
Sec. 429. Requirement for procurement of buoy chain.
Sec. 430. Cruise vessel tort reform.
Sec. 431. Limitation on fees and charges with respect to ferries.

TITLE V--COAST GUARD REGULATORY REFORM

Sec. 501. Short title.
Sec. 502. Safety management.
Sec. 503. Use of reports, documents, records, and examinations of other
persons.
Sec. 504. Equipment approval.
Sec. 505. Frequency of inspection.
Sec. 506. Certificate of inspection.
Sec. 507. Delegation of authority of Secretary to classification
societies.

TITLE VI--DOCUMENTATION OF VESSELS

Sec. 601. Authority to issue coastwise endorsements.
Sec. 602. Vessel documentation for charity cruises.
Sec. 603. Extension of deadline for conversion of vessel M/V TWIN
DRILL.
Sec. 604. Documentation of vessel RAINBOW'S END.
Sec. 605. Documentation of vessel GLEAM.
Sec. 606. Documentation of various vessels.
Sec. 607. Documentation of 4 barges.
Sec. 608. Limited waiver for ENCHANTED ISLE and ENCHANTED SEAS.
Sec. 609. Limited waiver for MV PLATTE.

TITLE VII--TECHNICAL AND CONFORMING AMENDMENTS

Sec. 701. Amendment of inland navigation rules.
Sec. 702. Measurement of vessels.
Sec. 703. Longshore and harbor workers compensation.
Sec. 704. Radiotelephone requirements.
Sec. 705. Vessel operating requirements.
Sec. 706. Merchant Marine Act, 1920.
Sec. 707. Merchant Marine Act, 1956.
Sec. 708. Maritime education and training.
Sec. 709. General definitions.
Sec. 710. Authority to exempt certain vessels.
Sec. 711. Inspection of vessels.
Sec. 712. Regulations.
Sec. 713. Penalties--inspection of vessels.
Sec. 714. Application--tank vessels.
Sec. 715. Tank vessel construction standards.
Sec. 716. Tanker minimum standards.
Sec. 717. Self-propelled tank vessel minimum standards.
Sec. 718. Definition--abandonment of barges.
Sec. 719. Application--load lines.
Sec. 720. Licensing of individuals.
Sec. 721. Able seamen--limited.
Sec. 722. Able seamen--offshore supply vessels.
Sec. 723. Scale of employment--able seamen.

[[Page S7692]]

Sec. 724. General requirements--engine department.
Sec. 725. Complement of inspected vessels.
Sec. 726. Watchmen.
Sec. 727. Citizenship and naval reserve requirements.
Sec. 728. Watches.
Sec. 729. Minimum number of licensed individuals.
Sec. 730. Officers' competency certificates convention.
Sec. 731. Merchant mariners' documents required.
Sec. 732. Certain crew requirements.
Sec. 733. Freight vessels.
Sec. 734. Exemptions.
Sec. 735. United States registered pilot service.
Sec. 736. Definitions--merchant seamen protection.
Sec. 737. Application--foreign and intercoastal voyages.
Sec. 738. Application--coastwise voyages.
Sec. 739. Fishing agreements.
Sec. 740. Accommodations for seamen.
Sec. 741. Medicine chests.
Sec. 742. Logbook and entry requirements.
Sec. 743. Coastwise endorsements.
Sec. 744. Fishery endorsements.
Sec. 745. Clerical amendment.
Sec. 746. Repeal of Great Lakes endorsements.
Sec. 747. Convention tonnage for licenses, certificates, and documents.

TITLE VIII--COAST GUARD AUXILIARY AMENDMENTS

Sec. 801. Administration of the Coast Guard Auxiliary.
Sec. 802. Purpose of the Coast Guard Auxiliary.
Sec. 803. Members of the Auxiliary; status.
Sec. 804. Assignment and performance of duties.
Sec. 805. Cooperation with other agencies, States, territories, and
political subdivisions.
Sec. 806. Vessel deemed public vessel.
Sec. 807. Aircraft deemed public aircraft.
Sec. 808. Disposal of certain material.
TITLE I--AUTHORIZATIONS

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

Funds are authorized to be appropriated for necessary
expenses of the Coast Guard for fiscal year 1996, as follows:
(1) For the operation and maintenance of the Coast Guard,
$2,618,316,000, of which $25,000,000 shall be derived from
the Oil Spill Liability Trust Fund.
(2) For the acquisition, construction, rebuilding, and
improvement of aids to navigation, shore and offshore
facilities, vessels, and aircraft, including equipment
related thereto, $428,200,000, to remain available until
expended, of which $32,500,000 shall be derived from the Oil
Spill Liability Trust Fund to carry out the purposes of
section 1012(a)(5) of the Oil Pollution Act of 1990.
(3) For research, development, test, and evaluation of
technologies, materials, and human factors directly relating
to improving the performance of the Coast Guard's mission in
support of search and rescue, aids to navigation, marine
safety, marine environmental protection, enforcement of laws
and treaties, ice operations, oceanographic research, and
defense readiness, $22,500,000, to remain available until
expended, of which $3,150,000 shall be derived from the Oil
Spill Liability Trust Fund to carry out the purposes of
section 1012(a)(5) of the Oil Pollution Act of 1990.
(4) For retired pay (including the payment of obligations
otherwise chargeable to lapsed appropriations for this
purpose), payments under the Retired Serviceman's Family
Protection and Survivor Benefit Plans, and payments for
medical care of retired personnel and their dependents under
chapter 55 of title 10, United States Code, $582,022,000.
(5) For alteration or removal of bridges over navigable
waters of the United States constituting obstructions to
navigation, and for personnel and administrative costs
associated with the Bridge Alteration Program, $16,200,000,
to remain available until expended.
(6) For necessary expenses to carry out the Coast Guard's
environmental compliance and restoration functions, other
than parts and equipment associated with operations and
maintenance, under chapter 19 of title 14, United States
Code, at Coast Guard facilities, $25,000,000, to remain
available until expended.

SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH AND
TRAINING.

(a) Active Duty Strength.--The Coast Guard is authorized an
end-of-year strength for active duty personnel of 38,400 as
of September 30, 1996.
(b) Military Training Student Loads.--For fiscal year 1996,
the Coast Guard is authorized average military training
student loads as follows:
(1) For recruit and special training, 1604 student years.
(2) For flight training, 85 student years.
(3) For professional training in military and civilian
institutions, 330 student years.
(4) For officer acquisition, 874 student years.

SEC. 103. QUARTERLY REPORTS ON DRUG INTERDICTION.

Not later than 30 days after the end of each fiscal year
quarter, the Secretary of Transportation shall submit to the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a report on all expenditures
related to drug interdiction activities of the Coast Guard
during that quarter.

SEC. 104. ENSURING MARITIME SAFETY AFTER CLOSURE OF SMALL
BOAT STATION OR REDUCTION TO SEASONAL STATUS.

(a) Maritime Safety Determination.--None of the funds
authorized to be appropriated under this Act may be used to
close Coast Guard multimission small boat stations unless the
Secretary of Transportation determines that maritime safety
will not be diminished by the closures.
(b) Transition Plan Required.--None of the funds
appropriated under the authority of this Act may be used to
close or reduce to seasonal status a small boat station,
unless the Secretary of Transportation, in cooperation with
the community affected by the closure or reduction, has
developed and implemented a transition plan to ensure that
the maritime safety needs of the community will continue to
be met.
TITLE II--PERSONNEL MANAGEMENT IMPROVEMENT

SEC. 201. HURRICANE ANDREW RELIEF.

Section 2856 of the National Defense Authorization Act for
Fiscal Year 1993 (Public Law 102-484) applies to the military
personnel of the Coast Guard who were assigned to, or
employed at or in connection with, any Federal facility or
installation in the vicinity of Homestead Air Force Base,
Florida, including the areas of Broward, Collier, Dade, and
Monroe Counties, on or before August 24, 1992, except that--
(1) funds available to the Coast Guard, not to exceed a
total of $25,000, shall be used; and
(2) the Secretary of Transportation shall administer that
section with respect to Coast Guard personnel.

SEC. 202. EXCLUDE CERTAIN RESERVES FROM END-OF-YEAR STRENGTH.

Section 712 of title 14, United States Code, is amended by
adding at the end the following:
``(d) Reserve members ordered to active duty under this
section shall not be counted in computing authorized strength
of members on active duty or members in grade under this
title or under any other law.''.

SEC. 203. PROVISION OF CHILD DEVELOPMENT SERVICES.

Section 93 of title 14, United States Code, is amended by
striking ``and'' after the semicolon at the end of paragraph
(t)(2), by striking the period at the end of paragraph (u)
and inserting ``; and'', and by adding at the end the
following new paragraph:
``(v) make child development services available to members
of the armed forces and Federal civilian employees under
terms and conditions comparable to those under the Military
Child Care Act of 1989 (10 U.S.C. 113 note).''.

SEC. 204. ACCESS TO NATIONAL DRIVER REGISTER INFORMATION ON
CERTAIN COAST GUARD PERSONNEL.

(a) Amendment to Title 14.--Section 93 of title 14, United
States Code, as amended by section 203, is further amended--
(1) by striking ``and'' after the semicolon at the end of
paragraph (u);
(2) by striking the period at the end of paragraph (v) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(w) require that any officer, chief warrant officer, or
enlisted member of the Coast Guard or Coast Guard Reserve
(including a cadet or an applicant for appointment or
enlistment to any of the foregoing and any member of a
uniformed service who is assigned to the Coast Guard) request
that all information contained in the National Driver
Register pertaining to the individual, as described in
section 30304(a) of title 49, be made available to the
Commandant under section 30305(a) of title 49, may receive
that information, and upon receipt, shall make the
information available to the individual.''.
(b) Amendment to Title 49.--Section 30305(b) of title 49,
United States Code, is amended by redesignating paragraph (7)
as paragraph (8) and inserting after paragraph (6) the
following new paragraph:
``(7) An individual who is an officer, chief warrant
officer, or enlisted member of the Coast Guard or Coast Guard
Reserve (including a cadet or an applicant for appointment or
enlistment of any of the foregoing and any member of a
uniformed service who is assigned to the Coast Guard) may
request the chief driver licensing official of a State to
provide information about the individual under subsection (a)
of this section to the Commandant of the Coast Guard. The
Commandant may receive the information and shall make the
information available to the individual. Information may not
be obtained from the Register under this paragraph if the
information was entered in the Register more than 3 years
before the request, unless the information is about a
revocation or suspension still in effect on the date of the
request.''.

SEC. 205. OFFICER RETENTION UNTIL RETIREMENT ELIGIBLE.

Section 283(b) of title 14, United States Code, is
amended--
(1) by inserting ``(1)'' after ``(b)'';
(2) by striking the last sentence; and
(3) by adding at the end the following:
``(2) Upon the completion of a term under paragraph (1), an
officer shall, unless selected for further continuation--
``(A) except as provided in subparagraph (B), be honorably
discharged with severance pay computed under section 286 of
this title;
``(B) in the case of an officer who has completed at least
18 years of active service on the date of discharge under
subparagraph (A), be retained on active duty and retired on
the last day of the month in which the officer completes 20
years of active service, unless earlier removed under another
provision of law; or
``(C) if, on the date specified for the officer's discharge
in this section, the officer has completed at least 20 years
of active service or is eligible for retirement under any
law, be retired on that date.''.
TITLE III--NAVIGATION SAFETY AND WATERWAY SERVICES MANAGEMENT

SEC. 301. FOREIGN PASSENGER VESSEL USER FEES.

Section 3303 of title 46, United States Code, is amended--

[[Page S7693]]

(1) in subsection (a) by striking ``(a) Except as'' and
inserting ``Except as''; and
(2) by striking subsection (b).

SEC. 302. FLORIDA AVENUE BRIDGE.

For purposes of the alteration of the Florida Avenue Bridge
(located approximately 1.63 miles east of the Mississippi
River on the Gulf Intracoastal Waterway in Orleans Parish,
Louisiana) ordered by the Secretary of Transportation under
the Act of June 21, 1940 (33 U.S.C. 511 et seq.; popularly
known as the Truman-Hobbs Act), the Secretary of
Transportation shall treat the drainage siphon that is
adjacent to the bridge as an appurtenance of the bridge,
including with respect to apportionment and payment of costs
for the removal of the drainage siphon in accordance with
that Act.

SEC. 303. RENEWAL OF HOUSTON-GALVESTON NAVIGATION SAFETY
ADVISORY COMMITTEE AND LOWER MISSISSIPPI RIVER
WATERWAY ADVISORY COMMITTEE.

The Coast Guard Authorization Act of 1991 (Public Law 102-
241, 105 Stat. 2208-2235) is amended--
(1) in section 18 by adding at the end the following:
``(h) The Committee shall terminate on October 1, 2000.'';
and
(2) in section 19 by adding at the end the following:
``(g) The Committee shall terminate on October 1, 2000.''.

SEC. 304. RENEWAL OF THE NAVIGATION SAFETY ADVISORY COUNCIL.

(a) Renewal.--Section 5(d) of the Inland Navigational Rules
Act of 1980 (33 U.S.C. 2073) is amended by striking
``September 30, 1995'' and inserting ``September 30, 2000''.
(b) Clerical Amendment.--The section heading for section
5(d) of the Inland Navigational Rules Act of 1980 (33 U.S.C.
2073) is amended by striking ``Rules of the Road Advisory
Council'' and inserting ``Navigation Safety Advisory
Council''.

SEC. 305. RENEWAL OF COMMERCIAL FISHING INDUSTRY VESSEL
ADVISORY COMMITTEE.

Subsection (e)(1) of section 4508 of title 46, United
States Code, is amended by striking ``September 30, 1994''
and inserting ``October 1, 2000''.

SEC. 306. NONDISCLOSURE OF PORT SECURITY PLANS.

Section 7 of the Ports and Waterways Safety Act (33 U.S.C.
1226), is amended by adding at the end the following new
subsection (c):
``(c) Nondisclosure of Port Security Plans.--
Notwithstanding any other provision of law, information
related to security plans, procedures, or programs for
passenger vessels or passenger terminals authorized under
this Act is not required to be disclosed to the public.''.

SEC. 307. MARITIME DRUG AND ALCOHOL TESTING PROGRAM CIVIL
PENALTY.

(a) Penalty Imposed.--Chapter 21 of title 46, United States
Code, is amended by adding at the end the following new
section:

``Sec. 2115. Civil penalty to enforce alcohol and dangerous
drug testing

``Any person who fails to comply with or otherwise violates
the requirements prescribed by the Secretary under this
subtitle for chemical testing for dangerous drugs or for
evidence of alcohol use is liable to the United States
Government for a civil penalty of not more than $1,000 for
each violation. Each day of a continuing violation shall
constitute a separate violation.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 21 of title 46, United States Code, is
amended by inserting after the item relating to section 2114
the following new item:

``2115. Civil penalty to enforce alcohol and dangerous drug testing.''.

SEC. 308. WITHHOLDING VESSEL CLEARANCE FOR VIOLATION OF
CERTAIN ACTS.

(a) Title 49, United States Code.--Section 5122 of title
49, United States Code, is amended by adding at the end the
following new subsection:
``(c) Withholding of Clearance.--(1) If any owner,
operator, or person in charge of a vessel is liable for a
civil penalty under section 5123 of this title or for a fine
under section 5124 of this title, or if reasonable cause
exists to believe that such owner, operator, or person in
charge may be subject to such a civil penalty or fine, the
Secretary of the Treasury, upon the request of the Secretary,
shall with respect to such vessel refuse or revoke any
clearance required by section 4197 of the Revised Statutes of
the United States (46 App. U.S.C. 91).
``(2) Clearance refused or revoked under this subsection
may be granted upon the filing of a bond or other surety
satisfactory to the Secretary.''.
(b) Port and Waterways Safety Act.--Section 13(f) of the
Ports and Waterways Safety Act (33 U.S.C. 1232(f)) is amended
to read as follows:
``(f) Withholding of Clearance.--(1) If any owner,
operator, or person in charge of a vessel is liable for a
penalty or fine under this section, or if reasonable cause
exists to believe that the owner, operator, or person in
charge may be subject to a penalty or fine under this
section, the Secretary of the Treasury, upon the request of
the Secretary, shall with respect to such vessel refuse or
revoke any clearance required by section 4197 of the Revised
Statutes of the United States (46 App. U.S.C. 91).
``(2) Clearance refused or revoked under this subsection
may be granted upon filing of a bond or other surety
satisfactory to the Secretary.''.
(c) Inland Navigation Rules Act of 1980.--Section 4(d) of
the Inland Navigational Rules Act of 1980 (33 U.S.C. 2072(d))
is amended to read as follows:
``(d) Withholding of Clearance.--(1) If any owner,
operator, or person in charge of a vessel is liable for a
penalty under this section, or if reasonable cause exists to
believe that the owner, operator, or person in charge may be
subject to a penalty under this section, the Secretary of the
Treasury, upon the request of the Secretary, shall with
respect to such vessel refuse or revoke any clearance
required by section 4197 of the Revised Statutes of the
United States (46 App. U.S.C. 91).
``(2) Clearance or a permit refused or revoked under this
subsection may be granted upon filing of a bond or other
surety satisfactory to the Secretary.''.
(d) Title 46, United States Code.--Section 3718(e) of title
46, United States Code, is amended to read as follows:
``(e)(1) If any owner, operator, or person in charge of a
vessel is liable for any penalty or fine under this section,
or if reasonable cause exists to believe that the owner,
operator, or person in charge may be subject to any penalty
or fine under this section, the Secretary of the Treasury,
upon the request of the Secretary, shall with respect to such
vessel refuse or revoke any clearance required by section
4197 of the Revised Statutes of the United States (46 U.S.C.
App. 91).
``(2) Clearance or a permit refused or revoked under this
subsection may be granted upon filing of a bond or other
surety satisfactory to the Secretary.''.

SEC. 309. INCREASED CIVIL PENALTIES.

(a) Penalty for Failure To Report a Casualty.--Section
6103(a) of title 46, United States Code, is amended by
striking ``$1,000'' and inserting ``not more than $25,000''.
(b) Operation of Uninspected Vessel in Violation of Manning
Requirements.--Section 8906 of title 46, United States Code,
is amended by striking ``$1,000'' and inserting ``not more
than $25,000''.

SEC. 310. AMENDMENT TO REQUIRE EMERGENCY POSITION INDICATING
RADIO BEACONS ON THE GREAT LAKES.

Paragraph (7) of section 4502(a) of title 46, United States
Code, is amended by inserting ``or beyond three nautical
miles from the coastline of the Great Lakes'' after ``high
seas''.

SEC. 311. EXTENSION OF TOWING SAFETY ADVISORY COMMITTEE.

Subsection (e) of the Act to establish a Towing Safety
Advisory Committee in the Department of Transportation (33
U.S.C. 1231a(e)), is amended by striking ``September 30,
1995'' and inserting ``October 1, 2000''.
TITLE IV--MISCELLANEOUS

SEC. 401. TRANSFER OF COAST GUARD PROPERTY IN TRAVERSE CITY,
MICHIGAN.

(a) Requirement.--The Secretary of Transportation (or any
other official having control over the property described in
subsection (b)) shall expeditiously convey to the Traverse
City Area Public School District in Traverse City, Michigan,
without consideration, all right, title, and interest of the
United States in and to the property described in subsection
(b), subject to all easements and other interests in the
property held by any other person.
(b) Property Described.--The property referred to in
subsection (a) is real property located in the city of
Traverse City, Grand Traverse County, Michigan, and
consisting of that part of the southeast \1/4\ of Section 12,
Township 27 North, Range 11 West, described as: Commencing at
the southeast \1/4\ corner of said Section 12, thence north
03 degrees 05 minutes 25 seconds east along the East line of
said Section, 1074.04 feet, thence north 86 degrees 36
minutes 50 seconds west 207.66 feet, thence north 03 degrees
06 minutes 00 seconds east 572.83 feet to the point of
beginning, thence north 86 degrees 54 minutes 00 seconds west
1,751.04 feet, thence north 03 degrees 02 minutes 38 seconds
east 330.09 feet, thence north 24 degrees 04 minutes 40
seconds east 439.86 feet, thence south 86 degrees 56 minutes
15 seconds east 116.62 feet, thence north 03 degrees 08
minutes 45 seconds east 200.00 feet, thence south 87 degrees
08 minutes 20 seconds east 68.52 feet, to the southerly
right-of-way of the C & O Railroad, thence south 65 degrees
54 minutes 20 seconds east along said right-of-way 1508.75
feet, thence south 03 degrees 06 minutes 00 seconds west
400.61 to the point of beginning, consisting of 27.10 acres
of land, and all improvements located on that property
including buildings, structures, and equipment.
(c) Reversionary Interest.--In addition to any term or
condition established pursuant to subsection (a), any
conveyance of property described in subsection (b) shall be
subject to the condition that all right, title, and interest
in and to the property so conveyed shall immediately
revert to the United States if the property, or any part
thereof, ceases to be used by the Traverse City School
District.

SEC. 402. TRANSFER OF COAST GUARD PROPERTY IN KETCHIKAN,
ALASKA.

(a) Conveyance Requirement.--The Secretary of
Transportation shall convey to the Ketchikan Indian
Corporation in Ketchikan, Alaska, without reimbursement and
by no later than 120 days after the date of enactment of this
Act, all right, title, and interest of the United States in
and to the property known as the ``Former Marine Safety
Detachment'' as identified in Report of Excess Number CG-689
(GSA Control Number 9-U-AK-0747) and described in subsection
(b), for use by the Ketchikan Indian Corporation as a health
or social services facility.
(b) Property Described.--The property referred to in
subsection (a) is real property located in the city of
Ketchikan, Township 75 south, range 90 east, Copper River
Meridian, First Judicial District, State of Alaska, and
commencing at corner numbered 10, United States

[[Page S7694]]

Survey numbered 1079, the true point of beginning for this
description: Thence north 24 degrees 04 minutes east, along
the 10-11 line of said survey a distance of 89.76 feet to
corner numbered 1 of lot 5B; thence south 65 degrees 56
minutes east a distance of 345.18 feet to corner numbered 2
of lot 5B; thence south 24 degrees 04 minutes west a distance
of 101.64 feet to corner numbered 3 of lot 5B; thence north
64 degrees 01 minute west a distance of 346.47 feet to corner
numbered 10 of said survey, to the true point of beginning,
consisting of 0.76 acres (more or less), and all improvements
located on that property, including buildings, structures,
and equipment.
(c) Reversionary Interest.--In addition to any term or
condition established pursuant to subsection (a), any
conveyance of property described in subsection (b) shall be
subject to the condition that all right, title, and interest
in and to the property so conveyed shall immediately revert
to the United States if the property, or any part thereof,
ceases to be used by the Ketchikan Indian Corporation as a
health or social services facility.

SEC. 403. ELECTRONIC FILING OF COMMERCIAL INSTRUMENTS.

Section 31321(a) of title 46, United States Code, is
amended by adding at the end the following new paragraph:
``(4)(A) A bill of sale, conveyance, mortgage, assignment,
or related instrument may be filed electronically under
regulations prescribed by the Secretary.
``(B) A filing made electronically under subparagraph (A)
shall not be effective after the 10-day period beginning on
the date of the filing unless the original instrument is
provided to the Secretary within that 10-day period.''.

SEC. 404. BOARD FOR CORRECTION OF MILITARY RECORDS DEADLINE.

(a) Remedies Deemed Exhausted.--Ten months after a complete
application for correction of military records is received by
the Board for Correction of Military Records of the Coast
Guard, administrative remedies are deemed to have been
exhausted, and--
(1) if the Board has rendered a recommended decision, its
recommendation shall be final agency action and not subject
to further review or approval within the Department of
Transportation; or
(2) if the Board has not rendered a recommended decision,
agency action is deemed to have been unreasonably delayed or
withheld and the applicant is entitled to--
(A) an order under section 706(1) of title 5, United States
Code, directing final action be taken within 30 days from the
date the order is entered; and
(B) from amounts appropriated to the Department of
Transportation, the costs of obtaining the order, including a
reasonable attorney's fee.
(b) Existing Deadline Mandatory.--The 10-month deadline
established in section 212 of the Coast Guard Authorization
Act of 1989 (Public Law 101-225, 103 Stat. 1914) is
mandatory.
(c) Application.--This section applies to all applications
filed with or pending before the Board or the Secretary of
Transportation on or after June 12, 1990. For applications
that were pending on June 12, 1990, the 10-month deadline
referred to in subsection (b) shall be calculated from June
12, 1990.

SEC. 405. JUDICIAL SALE OF CERTAIN DOCUMENTED VESSELS TO
ALIENS.

Section 31329 of title 46, United States Code, is amended
by adding at the end the following new subsection:
``(f) This section does not apply to a documented vessel
that has been operated only--
``(1) as a fishing vessel, fish processing vessel, or fish
tender vessel; or
``(2) for pleasure.''.

SEC. 406. IMPROVED AUTHORITY TO SELL RECYCLABLE MATERIAL.

Section 641(c)(2) of title 14, United States Code, is
amended by inserting before the period the following: ``,
except that the Commandant may conduct sales of materials for
which the proceeds of sale will not exceed $5,000 under
regulations prescribed by the Commandant''.

SEC. 407. RECRUITMENT OF WOMEN AND MINORITIES.

Not later than January 31, 1996, the Commandant of the
Coast Guard shall report to the Committee on Transportation
and Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate, on the status of and the problems in recruitment of
women and minorities into the Coast Guard. The report shall
contain specific plans to increase the recruitment of women
and minorities and legislative recommendations needed to
increase the recruitment of women and minorities.

SEC. 408. LIMITATION OF CERTAIN STATE AUTHORITY OVER VESSELS.

(a) Short Title.--This section may be cited as the
``California Cruise Industry Revitalization Act''.
(b) Limitation.--Section 5(b)(2) of the Act of January 2,
1951 (15 U.S.C. 1175(b)(2)), commonly referred to as the
``Johnson Act'', is amended by adding at the end the
following:
``(C) Exclusion of certain voyages and segments.--Except
for a voyage or segment of a voyage that occurs within the
boundaries of the State of Hawaii, a voyage or segment of a
voyage is not described in subparagraph (B) if it includes or
consists of a segment--
``(i) that begins and ends in the same State;
``(ii) that is part of a voyage to another State or to a
foreign country; and
``(iii) in which the vessel reaches the other State or
foreign country within 3 days after leaving the State in
which it begins.''.

SEC. 409. VESSEL FINANCING.

(a) Documentation Citizen Eligible Mortgagee.--Section
31322(a)(1)(D) of title 46, United States Code, is amended--
(1) by striking ``or'' at the end of 31322(a)(1)(D)(v) and
inserting ``or'' at the end of 31322(a)(1)(D)(vi); and
(2) by adding at the end a new subparagraph as follows:
``(vii) a person eligible to own a documented vessel under
chapter 121 of this title.''.
(b) Amendment to Trustee Restrictions.--Section 31328(a) of
title 46, United States Code, is amended--
(1) by striking ``or'' at the end of 31328(a)(3) and
inserting ``or'' at the end of 31328(a)(4); and
(2) by adding at the end a new subparagraph as follows:
``(5) is a person eligible to own a documented vessel under
chapter 121 of this title.''.
(c) Lease Financing.--Section 12106 of title 46, United
States Code, is amended by adding at the end the following
new subsections:
``(e)(1) A certificate of documentation for a vessel may be
endorsed with a coastwise endorsement if--
``(A) the vessel is eligible for documentation under
section 12102;
``(B) the person that owns the vessel, a parent entity of
that person, or a subsidiary of a parent entity of that
person, is engaged in lease financing;
``(C) the vessel is under a demise charter to a person
qualifying as a citizen of the United States for engaging in
the coastwise trade under section 2 of the Shipping Act,
1916;
``(D) the demise charter is for--
``(i) a period of at least 3 years; or
``(ii) a shorter period as may be prescribed by the
Secretary; and
``(E) the vessel is otherwise qualified under this section
to be employed in the coastwise trade.
``(2) Upon default by a bareboat charterer of a demise
charter required under paragraph (1)(D), the coastwise
endorsement of the vessel may, in the sole discretion of the
Secretary, be continued after the termination for default of
the demise charter for a period not to exceed 6 months on
terms and conditions as the Secretary may prescribe.
``(3) For purposes of section 2 of the Shipping Act, 1916,
and section 12102(a) of this title, a vessel meeting the
criteria of subsection is deemed to be owned exclusively by
citizens of the United States.''.
(d) Conforming Amendment.--Section 9(c) of the Shipping
Act, 1916, as amended (46 App. U.S.C. 808(c)) is amended by
inserting ``12106(e),'' after the word ``sections'' and
before 31322(a)(1)(D).

SEC. 410. SENSE OF CONGRESS; REQUIREMENT REGARDING NOTICE.

(a) Purchase of American-Made Equipment and Products.--It
is the sense of the Congress that, to the greatest extent
practicable, all equipment and products purchased with funds
made available under this Act should be American-made.
(b) Notice to Recipients of Assistance.--In providing
financial assistance under this Act, the official responsible
for providing the assistance, to the greatest extent
practicable, shall provide to each recipient of the
assistance a notice describing the statement made in
subsection (a) by the Congress.

SEC. 411. SPECIAL SELECTION BOARDS.

(a) Requirement.--Chapter 21 of title 14, United States
Code, is amended by adding at the end the following new
section:

``Sec. 747. Special selection boards

``(a) The Secretary shall provide for special selection
boards to consider the case of any officer who is eligible
for promotion who--
``(1) was not considered for selection for promotion by a
selection board because of administrative error; or
``(2) was considered for selection for promotion by a
selection board but not selected because--
``(A) the action of the board that considered the officer
was contrary to law or involved a material error of fact or
material administrative error; or
``(B) the board that considered the officer did not have
before it for its consideration material information.
``(b) Not later than 6 months after the date of the
enactment of the Coast Guard Authorization Act For Fiscal
Year 1996, the Secretary shall issue regulations to implement
this section. The regulations shall conform, as appropriate,
to the regulations and procedures issued by the Secretary of
Defense for special selection boards under section 628 of
title 10, United States Code.''.
(b) Clerical Amendment.--The table of sections for chapter
21 of title 14, United States Code, is amended by adding
after the item for section 746 the following:

``747. Special selection boards.''.

SEC. 412. AVAILABILITY OF EXTRAJUDICIAL REMEDIES FOR DEFAULT
ON PREFERRED MORTGAGE LIENS ON VESSELS.

(a) Availability of Extrajudicial Remedies.--Section
31325(b) of title 46, United States Code, is amended--
(1) in the matter preceding paragraph (1) by striking
``mortgage may'' and inserting ``mortgagee may'';
(2) in paragraph (1) by--
(A) striking ``perferred'' and inserting ``preferred''; and
(B) striking ``; and'' and inserting a semicolon; and
(3) by adding at the end the following:
``(3) enforce the preferred mortgage lien or a claim for
the outstanding indebtedness secured by the mortgaged vessel,
or both, by exercising any other remedy (including an
extrajudicial remedy) against a documented vessel, a vessel
for which an application for documentation is filed under
chapter 121 of this title, a foreign vessel, or a mortgagor,
maker, comaker, or guarantor for the amount of the
outstanding indebtedness or any deficiency in full payment of
that indebtedness, if--

[[Page S7695]]

``(A) the remedy is allowed under applicable law; and
``(B) the exercise of the remedy will not result in a
violation of section 9 or 37 of the Shipping Act, 1916 (46
App. U.S.C. 808, 835).''.
(b) Notice.--Section 31325 of title 46, United States Code,
is further amended by adding at the end the following:
``(f)(1) Before title to the documented vessel or vessel
for which an application for documentation is filed under
chapter 121 is transferred by an extrajudicial remedy, the
person exercising the remedy shall give notice of the
proposed transfer to the Secretary, to the mortgagee of any
mortgage on the vessel filed in substantial compliance with
section 31321 of this title before notice of the proposed
transfer is given to the Secretary, and to any person that
recorded a notice of a claim of an undischarged lien on the
vessel under section 31343(a) or (d) of this title before
notice of the proposed transfer is given to the Secretary.
``(2) Failure to give notice as required by this subsection
shall not affect the transfer of title to a vessel. However,
the rights of any holder of a maritime lien or a preferred
mortgage on the vessel shall not be affected by a transfer of
title by an extrajudicial remedy exercised under this
section, regardless of whether notice is required by this
subsection or given.
``(3) The Secretary shall prescribe regulations
establishing the time and manner for providing notice under
this subsection.''.
(c) Rule of Construction.--The amendments made by
subsections (a) and (b) may not be construed to imply that
remedies other than judicial remedies were not available
before the date of enactment of this section to enforce
claims for outstanding indebtedness secured by mortgaged
vessels.

SEC. 413. IMPLEMENTATION OF WATER POLLUTION LAWS WITH RESPECT
TO VEGETABLE OIL.

(a) Differentiation Among Fats, Oils, and Greases.--
(1) In general.--In issuing or enforcing a regulation, an
interpretation, or a guideline relating to a fat, oil, or
grease under a Federal law related to water pollution
control, the head of a Federal agency shall--
(A) differentiate between and establish separate classes
for--
(i)(I) animal fats; and
(II) vegetable oils; and
(ii) other oils, including petroleum oil; and
(B) apply different standards to different classes of fat
and oil as provided in paragraph (2).
(2) Considerations.--In differentiating between the classes
of animal fats and vegetable oils referred to in paragraph
(1)(A)(i) and the classes of oils described in paragraph
(1)(A)(ii), the head of a Federal agency shall consider
differences in physical, chemical, biological, and other
properties, and in the environmental effects, of the classes.
(b) Financial Responsibility.--
(1) Limits on liability.--Section 1004(a)(1) of the Oil
Pollution Act of 1990 (33 U.S.C. 2704(a)(1)) is amended by
striking ``for a tank vessel,'' and inserting ``for a tank
vessel carrying oil in bulk as cargo or cargo residue (except
a tank vessel on which the only oil carried is an animal fat
or vegetable oil, as those terms are defined in section
413(c) of the Coast Guard Authorization Act for Fiscal Year
1996),''.
(2) Financial responsibility.--The first sentence of
section 1016(a) of the Act (33 U.S.C. 2716(a)) is amended by
striking ``, in the case of a tank vessel, the responsible
party could be subject under section 1004(a)(1) or (d) of
this Act, or to which, in the case of any other vessel, the
responsible party could be subjected under section 1004(a)(2)
or (d)'' and inserting ``the responsible party could be
subjected under section 1004(a) or (d) of this Act''.
(c) Definitions.--In this section, the following
definitions apply:
(1) Animal fat.--The term ``animal fat'' means each type of
animal fat, oil, or grease, including fat, oil, or grease
from fish or a marine mammal and any fat, oil, or grease
referred to in section 61(a)(2) of title 13, United States
Code.
(2) Vegetable oil.--The term ``vegetable oil'' means each
type of vegetable oil, including vegetable oil from a seed,
nut, or kernel and any vegetable oil referred to in section
61(a)(1) of title 13, United States Code.

SEC. 414. CERTAIN INFORMATION FROM MARINE CASUALTY
INVESTIGATIONS BARRED IN LEGAL PROCEEDINGS.

(a) In General.--Title 46, United States Code, is amended
by inserting after section 6307 the following new section:

``Sec. 6308. Information barred in legal proceedings

``(a) Notwithstanding any other provision of law, any
opinion, recommendation, deliberation, or conclusion
contained in a report of a marine casualty investigation
conducted under section 6301 of this title with respect to
the cause of, or factors contributing to, the casualty set
forth in the report of the investigation is not admissible as
evidence or subject to discovery in any civil,
administrative, or State criminal proceeding arising from a
marine casualty, other than with the permission and consent
of the Secretary of Transportation, in his or her sole
discretion. Any employee of the United States or military
member of the Coast Guard investigating a marine casualty or
assisting in any such investigation conducted pursuant to
section 6301 of this title, shall not be subject to
deposition or other discovery, or otherwise testify or give
information in such proceedings relevant to a marine casualty
investigation, without the permission and consent of the
Secretary of Transportation in his or her sole discretion. In
exercising this discretion in cases where the United States
is a party, the Secretary shall not withhold permission for
an employee to testify solely on factual matters where the
information is not available elsewhere or is not obtainable
by other means. Nothing in this section prohibits the United
States from calling an employee as an expert witness to
testify on its behalf.
``(b) The information referred to in subsection (a) of this
section shall not be considered an admission of liability by
the United States or by any person referred to in those
conclusions or statements.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 63 of title 46, United States Code, is
amended by adding after the item related to section 6307 the
following:

``6308. Information barred in legal proceedings.''.

SEC. 415. REPORT ON LORAN-C REQUIREMENTS.

Not later than 6 months after the date of the enactment of
this Act, the Secretary of Transportation shall submit a
report to the Committee on Transportation and Infrastructure
of the House of Representatives, and the Committee on
Commerce, Science and Transportation of the Senate, prepared
in consultation with users of the LORAN-C radionavigation
system, defining the future use of and funding for
operations, maintenance, and upgrades of the LORAN-C
radionavigation system. The report shall address the
following:
(1) An appropriate timetable for transition from ground-
based radionavigation technology after it is determined that
satellite-based technology is available as a sole means of
safe and efficient navigation.
(2) The need to ensure that LORAN-C technology purchased by
the public before the year 2000 has a useful economic life.
(3) The benefits of fully utilizing the compatibilities of
LORAN-C technology and satellite-based technology by all
modes of transportation.
(4) The need for all agencies in the Department of
Transportation and other relevant Federal agencies to share
the Federal Government's costs related to LORAN-C technology.

SEC. 416. LIMITED DOUBLE HULL EXEMPTIONS.

Section 3703a(b) of title 46, United States Code, is
amended by--
(1) striking ``or'' at the end of paragraph (2);
(2) striking the period at the end of paragraph (3) and
inserting a semicolon; and
(3) adding at the end the following new paragraphs:
``(4) a vessel equipped with a double hull before August
12, 1992;
``(5) a barge of less than 2,000 gross tons that is
primarily used to carry deck cargo and bulk fuel to Native
villages (as that term is defined in section 3 of the Alaska
Native Claims Settlement Act (43 U.S.C. 1601)) located on or
adjacent to bays or rivers above 58 degrees north latitude;
or
``(6) a vessel in the National Defense Reserve Fleet
pursuant to section 11 of the Merchant Ship Sales Act of 1946
(50 App. U.S.C. 1744).''.

SEC. 417. OIL SPILL RESPONSE VESSELS.

(a) Definition.--Section 2101 of title 46, United States
Code, is amended--
(1) by redesignating paragraph (20a) as paragraph (20b);
and
(2) by inserting after paragraph (20) the following new
paragraph:
``(20a) `oil spill response vessel' means a vessel that is
designated in its certificate of inspection as such a vessel,
or that is adapted to respond to a discharge of oil or a
hazardous material.''.
(b) Exemption From Liquid Bulk Carriage Requirements.--
Section 3702 of title 46, United States Code, is amended by
adding at the end the following new subsection:
``(f) This chapter does not apply to an oil spill response
vessel if--
``(1) the vessel is used only in response-related
activities; or
``(2) the vessel is--
``(A) not more than 500 gross tons;
``(B) designated in its certificate of inspection as an oil
spill response vessel; and
``(C) engaged in response-related activities.''.
(c) Manning.--Section 8104(p) of title 46, United States
Code, is amended to read as follows:
``(p) The Secretary may prescribe the watchstanding
requirements for an oil spill response vessel.''.
(d) Minimum Number of Licensed Individuals.--Section
8301(e) of title 46, United States Code, is amended to read
as follows:
``(e) The Secretary may prescribe the minimum number of
licensed individuals for an oil spill response vessel.''.
(e) Merchant Mariner Document Requirements.--Section
8701(a) of title 46, United States Code, is amended by
striking ``and'' after the semicolon at the end of paragraph
(7), by striking the period at the end of paragraph (8) and
inserting ``; and'', and by adding at the end the following
new paragraph:
``(9) the Secretary may prescribe the individuals required
to hold a merchant mariner's document serving onboard an oil
spill response vessel.''.
(f) Exemption From Towing Vessel Requirement.--Section 8905
of title 46, United States Code, is amended by adding at the
end the following new subsection:
``(c) Section 8904 of this title does not apply to an oil
spill response vessel while engaged in oil spill response or
training activities.''.
(g) Inspection Requirement.--Section 3301 of title 46,
United States Code, is amended by adding at the end the
following new paragraph:
``(14) oil spill response vessels.''.

SEC. 418. OFFSHORE FACILITY FINANCIAL RESPONSIBILITY
REQUIREMENTS.

(a) Definition of Responsible Party.--Section 1001(32)(C)
of the Oil Pollution Act of 1990 (33 U.S.C. 2701(32)(C)) is
amended by striking ``applicable State law or'' and inserting
``applicable State law relating to exploring for, producing,
or transporting oil on submerged lands on the Outer
Continental Shelf in accordance with a license or permit
issued for such purpose, or under''.

[[Page S7696]]

(b) Amount of Financial Responsibility.--Section 1016(c)(1)
of the Oil Pollution Act of 1990 (33 U.S.C. 2716(c)(1)) is
amended to read as follows:
``(1) In general.--
``(A) Evidence of financial responsibility required.--
Except as provided in paragraph (2), each responsible party
with respect to an offshore facility described in section
1001(32)(C) located seaward of the line of ordinary low water
along that portion of the coast that is in direct contact
with the open sea and the line marking the seaward limit of
inland waters that is--
``(i) used for exploring for, producing, or transporting
oil; and
``(ii) has the capacity to transport, store, transfer, or
otherwise handle more than 1,000 barrels of oil at any one
time,

shall establish and maintain evidence of financial
responsibility in the amount required under subparagraph (B)
or (C), applicable.
``(B) Amount required generally.--Except as provided in
subparagraph (C), for purposes of subparagraph (A) the amount
of financial responsibility required is $35,000,000.
``(C) Greater amount.--If the President determines that an
amount of financial responsibility greater than the amount
required by subparagraph (B) is necessary for an offshore
facility, based on an assessment of the risk posed by the
facility that includes consideration of the relative
operational, environmental, human health, and other risks
posed by the quantity or quality of oil that is transported,
stored, transferred, or otherwise handled by the facility,
the amount of financial responsibility required shall not
exceed $150,000,000 determined by the President on the basis
of clear and convincing evidence that the risks posed justify
the greater amount.
``(D) Multiple facilities.--In a case in which a person is
responsible for more than one facility subject to this
subsection, evidence of financial responsibility need be
established only to meet the amount applicable to the
facility having the greatest financial responsibility
requirement under this subsection.
``(E) Guarantee method.--Except with respect of financial
responsibility established by the guarantee method,
subsection (f) shall not apply with respect to this
subsection.''.

SEC. 419. MANNING AND WATCH REQUIREMENTS ON TOWING VESSELS ON
THE GREAT LAKES.

(a) Section 8104(c) of title 46, United States Code, is
amended--
(1) by striking ``or permitted''; and
(2) by inserting after ``day'' the following: ``or
permitted to work more than 15 hours in any 24-hour period,
or more than 36 hours in any 72-hour period''.
(b) Section 8104(e) of title 46, United States Code, is
amended by striking ``subsections (c) and (d)'' and inserting
``subsection (d)''.
(c) Section 8104(g) of title 46, United States Code, is
amended by striking ``(except a vessel to which subsection
(c) of this section applies)''.

SEC. 420. LIMITATION ON APPLICATION OF CERTAIN LAWS TO LAKE
TEXOMA.

(a) Limitation.--The laws administered by the Coast Guard
relating to documentation or inspection of vessels or
licensing or documentation of vessel operators do not apply
to any small passenger vessel operating on Lake Texoma.
(b) Definitions.--In this section:
(1) The term ``Lake Texoma'' means the impoundment by that
name on the Red River, located on the border between Oklahoma
and Texas.
(2) The term ``small passenger vessel'' has the meaning
given that term in section 2101 of title 46, United States
Code.

SEC. 421. LIMITATION ON CONSOLIDATION OR RELOCATION OF
HOUSTON AND GALVESTON MARINE SAFETY OFFICES.

The Secretary of Transportation may not consolidate or
relocate the Coast Guard Marine Safety Offices in Galveston,
Texas, and Houston, Texas.

SEC. 422. SENSE OF THE CONGRESS REGARDING FUNDING FOR COAST
GUARD.

It is the sense of the Congress that in appropriating
amounts for the Coast Guard, the Congress should appropriate
amounts adequate to enable the Coast Guard to carry out all
extraordinary functions and duties the Coast Guard is
required to undertake in addition to its normal functions
established by law.

SEC. 423. CONVEYANCE OF LIGHT STATION, MONTAUK POINT, NEW
YORK.

(a) Conveyance Requirement.--
(1) Requirement.--The Secretary of Transportation shall
convey to the Montauk Historical Association in Montauk, New
York, by an appropriate means of conveyance, all right,
title, and interest of the United States in and to property
comprising Light Station Montauk Point, located at Montauk,
New York.
(2) Determination of property.--The Secretary may identify,
describe, and determine the property to be conveyed pursuant
to this section.
(b) Terms of Conveyance.--
(1) In general.--A conveyance of property pursuant to this
section shall be made--
(A) without the payment of consideration; and
(B) subject to the conditions required by paragraphs (3)
and (4) and such other terms and conditions as the Secretary
may consider appropriate.
(2) Reversionary interest.--Any conveyance of property
pursuant to this section shall be subject to the condition
that all right, title, and interest in the Montauk Light
Station shall immediately revert to the United States if the
Montauk Light Station ceases to be maintained as a nonprofit
center for public benefit for the interpretation and
preservation of the material culture of the United States
Coast Guard, the maritime history of Montauk, New York, and
Native American and colonial history.
(3) Maintenance of navigation and functions.--Any
conveyance of property pursuant to this section shall be
subject to such conditions as the Secretary considers to be
necessary to assure that--
(A) the light, antennas, sound signal, and associated
lighthouse equipment located on the property conveyed, which
are active aids to navigation, shall continue to be operated
and maintained by the United States for as long as they are
needed for this purpose;
(B) the Montauk Historical Association may not interfere or
allow interference in any manner with such aids to navigation
without express written permission from the United States;
(C) there is reserved to the United States the right to
replace, or add any aids to navigation, or make any changes
to the Montauk Lighthouse as may be necessary for navigation
purposes;
(D) the United States shall have the right, at any time, to
enter the property conveyed without notice for the purpose of
maintaining navigation aids;
(E) the United States shall have an easement of access to
such property for the purpose of maintaining the navigational
aids in use on the property; and
(F) the Montauk Light Station shall revert to the United
States at the end of the 30-day period beginning on any date
on which the Secretary of Transportation provides written
notice to the Montauk Historical Association that the Montauk
Light Station is needed for national security purposes.
(4) Maintenance of light station.--Any conveyance of
property under this section shall be subject to the condition
that the Montauk Historical Association shall maintain the
Montauk Light Station in accordance with the provisions of
the National Historic Preservation Act (16 U.S.C. 470 et
seq.) and other applicable laws.
(5) Limitation on obligations of montauk historical
association.--The Montauk Historical Association shall not
have any obligation to maintain any active aid to navigation
equipment on property conveyed pursuant to this section.
(c) Definitions.--For purposes of this section--
(1) the term ``Montauk Light Station'' means the Coast
Guard light station known as the Light Station Montauk Point,
located at Montauk, New York, including the keeper's
dwellings, adjacent Coast Guard rights-of-way, the World War
II submarine spotting tower, the lighthouse tower, and the
paint locker; and
(2) the term ``Montauk Lighthouse'' means the Coast Guard
lighthouse located at the Montauk Light Station.

SEC. 424. CONVEYANCE OF CAPE ANN LIGHTHOUSE, THACHERS ISLAND,
MASSACHUSETTS.

(a) Authority To Convey.--
(1) In general.--The Secretary of Transportation shall
convey to the town of Rockport, Massachusetts, by an
appropriate means of conveyance, all right, title, and
interest of the United States in and to the property
comprising the Cape Ann Lighthouse, located on Thachers
Island, Massachusetts.
(2) Identification of property.--The Secretary may
identify, describe, and determine the property to be conveyed
pursuant to this subsection.
(b) Terms of Conveyance.--
(1) In general.--The conveyance of property pursuant to
this section shall be made--
(A) without payment of consideration; and
(B) subject to the conditions required by paragraphs (3)
and (4) and other terms and conditions the Secretary may
consider appropriate.
(2) Reversionary interest.--In addition to any term or
condition established pursuant to paragraph (1), the
conveyance of property pursuant to this section shall be
subject to the condition that all right, title, and interest
in the Cape Ann Lighthouse shall immediately revert to the
United States if the Cape Ann Lighthouse, or any part of the
property--
(A) ceases to be used as a nonprofit center for the
interpretation and preservation of maritime history;
(B) ceases to be maintained in a manner that ensures its
present or future use as a Coast Guard aid to navigation; or
(C) ceases to be maintained in a manner consistent with the
provisions of the National Historic Preservation Act of 1966
(16 U.S.C. 470 et seq.).
(3) Maintenance and navigation functions.--The conveyance
of property pursuant to this section shall be made subject to
the conditions that the Secretary considers to be necessary
to assure that--
(A) the lights, antennas, and associated equipment located
on the property conveyed, which are active aids to
navigation, shall continue to be operated and maintained by
the United States;
(B) the town of Rockport may not interfere or allow
interference in any manner with aids to navigation without
express written permission from the Secretary of
Transportation;
(C) there is reserved to the United States the right to
relocate, replace, or add any aid to navigation or make any
changes to the Cape Ann Lighthouse as may be necessary for
navigational purposes;
(D) the United States shall have the right, at any time, to
enter the property without notice for the purpose of
maintaining aids to navigation; and
(E) the United States shall have an easement of access to
the property for the purpose of maintaining the aids to
navigation in use on the property.
(4) Obligation limitation.--The town of Rockport is not
required to maintain any active aid to navigation equipment
on property conveyed pursuant to this section.

[[Page S7697]]

(5) Property to be maintained in accordance with certain
laws.--The town of Rockport shall maintain the Cape Ann
Lighthouse in accordance with the National Historic
Preservation Act of 1966 (16 U.S.C. 470 et seq.), and other
applicable laws.
(c) Definitions.--For purposes of this section, the term
``Cape Ann Lighthouse'' means the Coast Guard property
located on Thachers Island, Massachusetts, except any
historical artifact, including any lens or lantern, located
on the property at or before the time of conveyance.

SEC. 425. AMENDMENTS TO JOHNSON ACT.

For purposes of section 5(b)(1)(A) of the Act of January 2,
1951 (15 U.S.C. 1175(b)(1)(A)), commonly known as the Johnson
Act, a vessel on a voyage that begins in the territorial
jurisdiction of the State of Indiana and that does not leave
the territorial jurisdiction of the State of Indiana shall be
considered to be a vessel that is not within the boundaries
of any State or possession of the United States.

SEC. 426. TRANSFER OF COAST GUARD PROPERTY IN GOSNOLD,
MASSACHUSETTS.

(a) Conveyance Requirement.--The Secretary of
Transportation may convey to the town of Gosnold,
Massachusetts, without reimbursement and by no later than 120
days after the date of enactment of this Act, all right,
title, and interest of the United States in and to the
property known as the ``United States Coast Guard Cuttyhunk
Boathouse and Wharf'', as described in subsection (c).
(b) Conditions.--Any conveyance of property under
subsection (a) shall be subject to the condition that the
Coast Guard shall retain in perpetuity and at no cost--
(1) the right of access to, over, and through the
boathouse, wharf, and land comprising the property at all
times for the purpose of berthing vessels, including vessels
belonging to members of the Coast Guard Auxiliary; and
(2) the right of ingress to and egress from the property
for purposes of access to Coast Guard facilities and
performance of Coast Guard functions.
(c) Property Described.--The property referred to in
subsection (a) is real property located in the town of
Gosnold, Massachusetts (including all buildings, structures,
equipment, and other improvements), as determined by the
Secretary of Transportation.

SEC. 427. TRANSFER OF COAST GUARD PROPERTY IN NEW SHOREHAM,
RHODE ISLAND.

(a) Requirement.--The Secretary of Transportation (or any
other official having control over the property described in
subsection (b)) shall expeditiously convey to the town of New
Shoreham, Rhode Island, without consideration, all right,
title, and interest of the United States in and to the
property known as the United States Coast Guard Station Block
Island, as described in subsection (b), subject to all
easements and other interest in the property held by any
other person.
(b) Property Described.--The property referred to in
subsection (a) is real property (including buildings and
improvements) located on the west side of Block Island, Rhode
Island, at the entrance to the Great Salt Pond and referred
to in the books of the Tax Assessor of the town of New
Shoreham, Rhode Island, as lots 10 and 12, comprising
approximately 10.7 acres.
(c) Reversionary Interest.--In addition to any term or
condition established pursuant to subsection (a), any
conveyance of property under subsection (a) shall be subject
to the condition that all right, title, and interest in and
to the property so conveyed shall immediately revert to the
United States if the property, or any part thereof, ceases to
be used by the town of New Shoreham, Rhode Island.
(d) Indemnification for Preexisting Environmental
Liabilities.--Notwithstanding any conveyance of property
under this section, after such conveyance the Secretary of
Transportation shall indemnify the town of New Shoreham,
Rhode Island, for any environmental liability arising from
the property, that existed before the date of the conveyance.

SEC. 428. VESSEL DEEMED TO BE A RECREATIONAL VESSEL.

The vessel, an approximately 96 meter twin screw motor
yacht for which construction commenced in October 1993 (to be
named the LIMITLESS), is deemed to be a recreational vessel
under chapter 43 of title 46, United States Code.

SEC. 429. REQUIREMENT FOR PROCUREMENT OF BUOY CHAIN.

(a) Requirement.--Chapter 5 of title 14, United States
Code, is amended by adding at the end the following:

``Sec. 96. Procurement of buoy chain

``(a) The Coast Guard may not procure buoy chain--
``(1) that is not manufactured in the United States; or
``(2) substantially all of the components of which are not
produced or manufactured in the United States.
``(b) For purposes of subsection (a)(2), substantially all
of the components of a buoy chain shall be considered to be
produced or manufactured in the United States if the
aggregate cost of the components thereof which are produced
or manufactured in the United States is greater than the
aggregate cost of the components thereof which are produced
or manufactured outside the United States.
``(c) In this section--
``(1) the term `buoy chain' means any chain, cable, or
other device that is--
``(A) used to hold in place, by attachment to the bottom of
a body of water, a floating aid to navigation; and
``(B) not more than 4 inches in diameter; and
``(2) the term `manufacture' includes cutting, heat
treating, quality control, welding (including the forging and
shot blasting process), and testing.''.
(b) Clerical Amendment.--The table of sections for chapter
5 of title 14, United States Code, is amended by adding at
the end the following:

``96. Procurement of buoy chain.''.

SEC. 430. CRUISE VESSEL TORT REFORM.

(a) Section 4283 of the Revised Statutes of the United
States (46 App. 183), is amended by adding a new subsection
(g) to read as follows:
``(g) In a suit by any person in which a shipowner,
operator, or employer of a crew member is claimed to have
direct or vicarious liability for medical malpractice or
other tortious conduct occurring at a shoreside facility, or
in which the damages sought are alleged to result from the
referral to or treatment by any shoreside doctor, hospital,
medical facility, or other health care provider, the
shipowner, operator, or employer shall be entitled to rely
upon any and all statutory limitations of liability
applicable to the doctor, hospital, medical facility, or
other health care provider in the State in which the
shoreside medical care was provided.''.
(b) Section 4283b of the Revised Statutes of the United
States (46 App. 183c) is amended by adding a new subsection
to read as follows:
``(b) Subsection (a) shall not prohibit provisions or
limitations in contracts, agreements, or ticket conditions of
carriage with passengers which relieve a manager, agent,
master, owner, or operator of a vessel from liability for
infliction of emotional distress, mental suffering, or
psychological injury so long as such provisions or
limitations do not limit liability if the emotional distress,
mental suffering, or psychological injury was--
``(1) the result of substantial physical injury to the
claimant caused by the negligence or fault of the manager,
agent, master, owner, or operator;
``(2) the result of the claimant having been at actual risk
of substantial physical injury, which risk was caused by the
negligence or fault of the manager, agent, master, owner, or
operator; or
``(3) intentionally inflicted by the manager, agent,
master, owner, or operator.''.
(c) Section 20 of chapter 153 of the Act of March 4, 1915
(46 App. 688) is amended by adding a new subsection to read
as follows:
``(c) Limitation for Certain Aliens in Case of Contractual
Alternative Forum.--
``(1) No action may be maintained under subsection (a) or
under any other maritime law of the United States for
maintenance and cure or for damages for the injury or death
of a person who was not a citizen or permanent legal resident
alien of the United States at the time of the incident giving
rise to the action, if the incident giving rise to the action
occurred while the person was employed on board a vessel
documented other than under the laws of the United States,
which vessel was owned by an entity organized other than
under the laws of the United States or by a person who is not
a citizen or permanent legal resident alien.
``(2) The provisions of paragraph (1) shall only apply if--
``(A) the incident giving rise to the action occurred while
the person bringing the action was a party to a contract of
employment or was subject to a collective bargaining
agreement which, by its terms, provided for an exclusive
forum for resolution of all such disputes or actions in a
nation other than the United States, a remedy is available to
the person under the laws of that nation, and the party
seeking to dismiss an action under paragraph (1) is willing
to stipulate to jurisdiction under the laws of such nation as
to such incident; or
``(B) a remedy is available to the person bringing the
action under the laws of the nation in which the person
maintained citizenship or permanent residency at the time of
the incident giving rise to the action and the party seeking
to dismiss an action under paragraph (1) is willing to
stipulate to jurisdiction under the laws of such nation as to
such incident.
``(3) The provisions of paragraph (1) of this subsection
shall not be interpreted to require a court in the United
States to accept jurisdiction of any actions.''.

SEC. 431. LIMITATION ON FEES AND CHARGES WITH RESPECT TO
FERRIES.

The Secretary of the department in which the Coast Guard is
operating may not assess or collect any fee or charge with
respect to a ferry. Notwithstanding any other provision of
this Act, the Secretary is authorized to reduce expenditures
in an amount equal to the fees or charges which are not
collected or assessed as a result of this section.
TITLE V--COAST GUARD REGULATORY REFORM

SEC. 501. SHORT TITLE.

This title may be cited as the ``Coast Guard Regulatory
Reform Act of 1995''.

SEC. 502. SAFETY MANAGEMENT.

(a) Management of Vessels.--Title 46, United States Code,
is amended by adding after chapter 31 the following new
chapter:

``CHAPTER 32--MANAGEMENT OF VESSELS

``Sec.
``3201. Definitions.
``3202. Application.
``3203. Safety management system.
``3204. Implementation of safety management system.
``3205. Certification.

``Sec. 3201. Definitions

``In this chapter--
``(1) `International Safety Management Code' has the same
meaning given that term in chapter IX of the Annex to the
International Convention for the Safety of Life at Sea, 1974;
``(2) `responsible person' means--
``(A) the owner of a vessel to which this chapter applies;
or
``(B) any other person that has--
``(i) assumed the responsibility for operation of a vessel
to which this chapter applies from the owner; and

[[Page S7698]]

``(ii) agreed to assume with respect to the vessel
responsibility for complying with all the requirements of
this chapter and the regulations prescribed under this
chapter;
``(3) `vessel engaged on a foreign voyage' means a vessel
to which this chapter applies--
``(A) arriving at a place under the jurisdiction of the
United States from a place in a foreign country;
``(B) making a voyage between places outside the United
States; or
``(C) departing from a place under the jurisdiction of the
United States for a place in a foreign country.

``Sec. 3202. Application

``(a) Mandatory Application.--This chapter applies to the
following vessels engaged on a foreign voyage:
``(1) Beginning July 1, 1998--
``(A) a vessel transporting more than 12 passengers
described in section 2101(21)(A) of this title; and
``(B) a tanker, bulk freight vessel, or high-speed freight
vessel, of at least 500 gross tons.
``(2) Beginning July 1, 2002, a freight vessel and a mobile
offshore drilling unit of at least 500 gross tons.
``(b) Voluntary Application.--This chapter applies to a
vessel not described in subsection (a) of this section if the
owner of the vessel requests the Secretary to apply this
chapter to the vessel.
``(c) Exception.--Except as provided in subsection (b) of
this section, this chapter does not apply to--
``(1) a barge;
``(2) a recreational vessel not engaged in commercial
service;
``(3) a fishing vessel;
``(4) a vessel operating on the Great Lakes or its
tributary and connecting waters; or
``(5) a public vessel.

``Sec. 3203. Safety management system

``(a) In General.--The Secretary shall prescribe
regulations which establish a safety management system for
responsible persons and vessels to which this chapter
applies, including--
``(1) a safety and environmental protection policy;
``(2) instructions and procedures to ensure safe operation
of those vessels and protection of the environment in
compliance with international and United States law;
``(3) defined levels of authority and lines of
communications between, and among, personnel on shore and on
the vessel;
``(4) procedures for reporting accidents and
nonconformities with this chapter;
``(5) procedures for preparing for and responding to
emergency situations; and
``(6) procedures for internal audits and management reviews
of the system.
``(b) Compliance With Code.--Regulations prescribed under
this section shall be consistent with the International
Safety Management Code with respect to vessels engaged on a
foreign voyage.

``Sec. 3204. Implementation of safety management system

``(a) Safety Management Plan.--Each responsible person
shall establish and submit to the Secretary for approval a
safety management plan describing how that person and vessels
of the person to which this chapter applies will comply with
the regulations prescribed under section 3203(a) of this
title.
``(b) Approval.--Upon receipt of a safety management plan
submitted under subsection (a), the Secretary shall review
the plan and approve it if the Secretary determines that it
is consistent with and will assist in implementing the safety
management system established under section 3203.
``(c) Prohibition on Vessel Operation.--A vessel to which
this chapter applies under section 3202(a) may not be
operated without having on board a Safety Management
Certificate and a copy of a Document of Compliance issued for
the vessel under section 3205 of this title.

``Sec. 3205. Certification

``(a) Issuance of Certificate and Document.--After
verifying that the responsible person for a vessel to which
this chapter applies and the vessel comply with the
applicable requirements under this chapter, the Secretary
shall issue for the vessel, on request of the responsible
person, a Safety Management Certificate and a Document of
Compliance.
``(b) Maintenance of Certificate and Document.--A Safety
Management Certificate and a Document of Compliance issued
for a vessel under this section shall be maintained by the
responsible person for the vessel as required by the
Secretary.
``(c) Verification of Compliance.--The Secretary shall--
``(1) periodically review whether a responsible person
having a safety management plan approved under section
3204(b) and each vessel to which the plan applies is
complying with the plan; and
``(2) revoke the Secretary's approval of the plan and each
Safety Management Certificate and Document of Compliance
issued to the person for a vessel to which the plan applies,
if the Secretary determines that the person or a vessel to
which the plan applies has not complied with the plan.
``(d) Enforcement.--At the request of the Secretary, the
Secretary of the Treasury shall withhold or revoke the
clearance required by section 4197 of the Revised Statutes
(46 App. U.S.C. 91) of a vessel that is subject to this
chapter under section 3202(a) of this title or to the
International Safety Management Code, if the vessel does not
have on board a Safety Management Certificate and a copy of a
Document of Compliance for the vessel. Clearance may be
granted on filing a bond or other surety satisfactory to the
Secretary.''.
(b) Clerical Amendment.--The table of chapters at the
beginning of subtitle II of title 46, United States Code, is
amended by inserting after the item relating to chapter 31
the following:

``32. Management of vessels.................................3201''.....

(c) Study.--
(1) Study.--The Secretary of Transportation shall conduct,
in cooperation with the owners, charterers, and managing
operators of vessels documented under chapter 121 of title
46, United States Code, and other interested persons, a study
of the methods that may be used to implement and enforce the
International Management Code for the Safe Operation of Ships
and for Pollution Prevention under chapter IX of the Annex to
the International Convention for the Safety of Life at Sea,
1974.
(2) Report.--The Secretary shall submit to the Congress a
report of the results of the study required under paragraph
(1) before the earlier of--
(A) the date that final regulations are prescribed under
section 3203 of title 46, United States Code (as enacted by
subsection (a)); or
(B) the date that is 1 year after the date of enactment of
this Act.

SEC. 503. USE OF REPORTS, DOCUMENTS, RECORDS, AND
EXAMINATIONS OF OTHER PERSONS.

(a) Reports, Documents, and Records.--Chapter 31 of title
46, United States Code, is amended by adding the following
new section:

``Sec. 3103. Use of reports, documents, and records

``The Secretary may rely, as evidence of compliance with
this subtitle, on--
``(1) reports, documents, and records of other persons who
have been determined by the Secretary to be reliable; and
``(2) other methods the Secretary has determined to be
reliable.''.
(b) Clerical Amendment.--The table of sections for chapter
31 of title 46, United States Code, is amended by adding at
the end the following:

``3103. Use of reports, documents, and records.''.

(c) Examinations.--Section 3308 of title 46, United States
Code, is amended by inserting ``or have examined'' after
``examine''.

SEC. 504. EQUIPMENT APPROVAL.

(a) In General.--Section 3306(b) of title 46, United States
Code, is amended to read as follows:
``(b)(1) Equipment and material subject to regulation under
this section may not be used on any vessel without prior
approval of the Secretary.
``(2) Except with respect to use on a public vessel, the
Secretary may treat an approval of equipment or materials by
a foreign government as approval by the Secretary for
purposes of paragraph (1) if the Secretary determines that--
``(A) the design standards and testing procedures used by
that government meet the requirements of the International
Convention for the Safety of Life at Sea, 1974;
``(B) the approval of the equipment or material by the
foreign government will secure the safety of individuals and
property on board vessels subject to inspection; and
``(C) for lifesaving equipment, the foreign government--
``(i) has given equivalent treatment to approvals of
lifesaving equipment by the Secretary; and
``(ii) otherwise ensures that lifesaving equipment approved
by the Secretary may be used on vessels that are documented
and subject to inspection under the laws of that country.''.
(b) Foreign Approvals.--The Secretary of Transportation, in
consultation with other interested Federal agencies, shall
work with foreign governments to have those governments
approve the use of the same equipment and materials on
vessels documented under the laws of those countries that the
Secretary requires on United States documented vessels.
(c) Technical Amendment.--Section 3306(a)(4) of title 46,
United States Code, is amended by striking ``clauses (1)-
(3)'' and inserting ``paragraphs (1), (2), and (3)''.

SEC. 505. FREQUENCY OF INSPECTION.

(a) Frequency of Inspection, Generally.--Section 3307 of
title 46, United States Code, is amended--
(1) in paragraph (1)--
(A) by striking ``nautical school vessel'' and inserting
``, nautical school vessel, and small passenger vessel
allowed to carry more than 12 passengers on a foreign
voyage''; and
(B) by adding ``and'' after the semicolon at the end;
(2) by striking paragraph (2) and redesignating paragraph
(3) as paragraph (2); and
(3) in paragraph (2) (as so redesignated), by striking ``2
years'' and inserting ``5 years''.
(b) Conforming Amendment.--Section 3710(b) of title 46,
United States Code, is amended by striking ``24 months'' and
inserting ``5 years''.

SEC. 506. CERTIFICATE OF INSPECTION.

Section 3309(c) of title 46, United States Code, is amended
by striking ``(but not more than 60 days)''.

SEC. 507. DELEGATION OF AUTHORITY OF SECRETARY TO
CLASSIFICATION SOCIETIES.

(a) Authority To Delegate.--Section 3316 of title 46,
United States Code, is amended--
(1) by striking subsections (a) and (d);
(2) by redesignating subsections (b) and (c) as subsections
(a) and (b), respectively; and
(3) in subsection (b), as so redesignated, by--
(A) redesignating paragraph (2) as paragraph (3); and
(B) striking so much of the subsection as precedes
paragraph (3), as so redesignated, and inserting the
following:

[[Page S7699]]

``(b)(1) The Secretary may delegate to the American Bureau
of Shipping or another classification society recognized by
the Secretary as meeting acceptable standards for such a
society, for a vessel documented or to be documented under
chapter 121 of this title, the authority to--
``(A) review and approve plans required for issuing a
certificate of inspection required by this part;
``(B) conduct inspections and examinations; and
``(C) issue a certificate of inspection required by this
part and other related documents.
``(2) The Secretary may make a delegation under paragraph
(1) to a foreign classification society only--
``(A) to the extent that the government of the foreign
country in which the society is headquartered delegates
authority and provides access to the American Bureau of
Shipping to inspect, certify, and provide related services to
vessels documented in that country; and
``(B) if the foreign classification society has offices and
maintains records in the United States.''.
(b) Conforming Amendments.--
(1) The heading for section 3316 of title 46, United States
Code, is amended to read as follows:

``Sec. 3316. Classification societies''.

(2) The table of sections for chapter 33 of title 46,
United States Code, is amended by striking the item relating
to section 3316 and inserting the following:

``3316. Classification societies.''.
TITLE VI--DOCUMENTATION OF VESSELS

SEC. 601. AUTHORITY TO ISSUE COASTWISE ENDORSEMENTS.

Section 12106 of title 46, United States Code, is further
amended by adding at the end the following new subsection:
``(g) A coastwise endorsement may be issued for a vessel
that--
``(1) is less than 200 gross tons;
``(2) is eligible for documentation;
``(3) was built in the United States; and
``(4) was--
``(A) sold foreign in whole or in part; or
``(B) placed under foreign registry.''.

SEC. 602. VESSEL DOCUMENTATION FOR CHARITY CRUISES.

(a) Authority To Document Vessels.--
(1) In general.--Notwithstanding section 27 of the Merchant
Marine Act, 1920 (46 App. U.S.C. 883), the Act of June 19,
1886 (46 App. U.S.C. 289), and section 12106 of title 46,
United States Code, and subject to paragraph (2), the
Secretary of Transportation may issue a certificate of
documentation with a coastwise endorsement for each of the
following vessels:
(A) GALLANT LADY (Feadship hull number 645, approximately
130 feet in length).
(B) GALLANT LADY (Feadship hull number 651, approximately
172 feet in length).
(2) Limitation on operation.--Coastwise trade authorized
under a certificate of documentation issued for a vessel
under this section shall be limited to carriage of passengers
in association with contributions to charitable organizations
no portion of which is received, directly or indirectly, by
the owner of the vessel.
(3) Condition.--The Secretary may not issue any certificate
of documentation under paragraph (1) unless the owner of the
vessel referred to in paragraph (1)(A) (in this section
referred to as the ``owner''), within 90 days after the date
of the enactment of this Act, submits to the Secretary a
letter expressing the intent of the owner to enter into a
contract before October 1, 1996, for construction in the
United States of a passenger vessel of at least 130 feet in
length.
(4) Effective date of certificates.--A certificate of
documentation issued under paragraph (1)--
(A) for the vessel referred to in paragraph (1)(A), shall
take effect on the date of issuance of the certificate; and
(B) for the vessel referred to in paragraph (1)(B), shall
take effect on the date of delivery of the vessel to the
owner.
(b) Termination of Effectiveness of Certificates.--A
certificate of documentation issued for a vessel under
section (a)(1) shall expire--
(1) on the date of the sale of the vessel by the owner;
(2) on October 1, 1996, if the owner has not entered into a
contract for construction of a vessel in accordance with the
letter of intent submitted to the Secretary under subsection
(a)(3); and
(3) on any date on which such a contract is breached,
rescinded, or terminated (other than for completion of
performance of the contract) by the owner.

SEC. 603. EXTENSION OF DEADLINE FOR CONVERSION OF VESSEL M/V
TWIN DRILL.

Section 601(d) of Public Law 103-206 (107 Stat. 2445) is
amended--
(1) in paragraph (3), by striking ``1995'' and inserting
``1996''; and
(2) in paragraph (4), by striking ``12'' and inserting
``24''.

SEC. 604. DOCUMENTATION OF VESSEL RAINBOW'S END.

Notwithstanding section 27 of the Merchant Marine Act, 1920
(46 App. U.S.C. 883), the Act of June 19, 1886 (46 App.
U.S.C. 289), and sections 12106, 12107, and 12108 of title
46, United States Code, the Secretary of Transportation
may issue a certificate of documentation with appropriate
endorsements for employment in the coastwise trade, Great
Lakes trade, and the fisheries for the vessel RAINBOW'S
END (official number 1026899; hull identification number
MY13708C787).

SEC. 605. DOCUMENTATION OF VESSEL GLEAM.

Notwithstanding section 27 of the Merchant Marine Act, 1920
(46 App. U.S.C. 883), the Act of June 19, 1886 (46 App.
U.S.C. 289), and section 12106 of title 46, United States
Code, the Secretary of Transportation may issue a certificate
of documentation with appropriate endorsement for employment
in the coastwise trade for the vessel GLEAM (United States
official number 921594).

SEC. 606. DOCUMENTATION OF VARIOUS VESSELS.

(a) In General.--Notwithstanding section 27 of the Merchant
Marine Act, 1920 (46 App. U.S.C. 883), the Act of June 19,
1886 (46 App. U.S.C. 289), the Act of May 28, 1906 (46 App.
U.S.C. 292), and sections 12106, 12107, and 12108 of title
46, United States Code, the Secretary of the department in
which the Coast Guard is operating may issue a certificate of
documentation with appropriate endorsements for each of the
vessels listed in subsection (b).
(b) Vessels Described.--The vessels referred to in
subsection (a) are the following:
(1) ANNAPOLIS (United States official number 999008).
(2) CHESAPEAKE (United States official number 999010).
(3) CONSORT (United States official number 999005).
(4) CURTIS BAY (United States official number 999007).
(5) HAMPTON ROADS (United States official number 999009).
(6) JAMESTOWN (United States official number 999006).
(7) 2 barges owned by Roen Salvage (a corporation organized
under the laws of the State of Wisconsin) and numbered by
that company as barge 103 and barge 203.
(8) RATTLESNAKE (Canadian registry official number 802702).
(9) CAROLYN (Tennessee State registration number TN1765C).
(10) SMALLEY (6808 Amphibious Dredge, Florida State
registration number FL1855FF).
(11) BEULA LEE (United States official number 928211).
(12) FINESSE (Florida State official number 7148HA).
(13) WESTEJORD (Hull Identification Number X-53-109).
(14) MAGIC CARPET (United States official number 278971).
(15) AURA (United States official number 1027807).
(16) ABORIGINAL (United States official number 942118).
(17) ISABELLE (United States official number 600655).
(18) 3 barges owned by the Harbor Marine Corporation (a
corporation organized under the laws of the State of Rhode
Island) and referred to by that company as Harbor 221, Harbor
223, and Gene Elizabeth.
(19) SHAMROCK V (United States official number 900936).
(20) ENDEAVOUR (United States official number 947869).
(21) CHRISSY (State of Maine registration number 4778B).
(22) EAGLE MAR (United States official number 575349).

SEC. 607. DOCUMENTATION OF 4 BARGES.

(a) In General.--Notwithstanding section 27 of the Merchant
Marine Act, 1920 (46 App. U.S.C. 883), section 1 of the Act
of May 28, 1906 (46 App. U.S.C. 292), and section 12106 of
title 46, United States Code, the Secretary of Transportation
may issue a certificate of documentation with appropriate
endorsements for each of the vessels listed in subsection
(b).
(b) Vessels Described.--The vessels referred to in
subsection (a) are 4 barges owned by McLean Contracting
Company (a corporation organized under the laws of the State
of Maryland) and numbered by that company as follows:
(1) Barge 76 (official number 1030612).
(2) Barge 77 (official number 1030613).
(3) Barge 78 (official number 1030614).
(4) Barge 100 (official number 1030615).

SEC. 608. LIMITED WAIVER FOR ENCHANTED ISLE AND ENCHANTED
SEAS.

Notwithstanding section 27 of the Merchant Marine Act, 1920
(46 App. U.S.C. 883), the Act of June 19, 1886 (46 App.
U.S.C. 289), section 12106 of title 46, United States Code,
section 506 of the Merchant Marine Act, 1936 (46 App. U.S.C.
1156), and any agreement with the United States Government,
the Secretary of Transportation may issue a certificate of
documentation with a coastwise endorsement for the vessels
ENCHANTED ISLE (Panamanian official number 14087-84B) and
ENCHANTED SEAS (Panamanian official number 14064-84D), except
that the vessels may not operate between or among islands in
the State of Hawaii.

SEC. 609. LIMITED WAIVER FOR MV PLATTE.

Notwithstanding any other law or any agreement with the
United States Government, the vessel MV PLATTE (ex-SPIRIT OF
TEXAS) (United States official number 653210) may be sold to
a person that is not a citizen of the United States and
transferred to or placed under a foreign registry.
TITLE VII--TECHNICAL AND CONFORMING AMENDMENTS

SEC. 701. AMENDMENT OF INLAND NAVIGATION RULES.

Section 2 of the Inland Navigational Rules Act of 1980 is
amended--
(1) by amending Rule 9(e)(i) (33 U.S.C. 2009(e)(i)) to read
as follows:
``(i) In a narrow channel or fairway when overtaking, the
power-driven vessel intending to overtake another power-
driven vessel shall indicate her intention by sounding the
appropriate signal prescribed in Rule 34(c) and take steps to
permit safe passing. The power-driven vessel being overtaken,
if in agreement, shall sound the same signal and may, if
specifically agreed to take steps to permit safe passing. If
in doubt she shall sound the danger signal prescribed in Rule
34(d).'';
(2) in Rule 15(b) (33 U.S.C. 2015(b)) by inserting ``power-
driven'' after ``Secretary, a'';

[[Page S7700]]

(3) in Rule 23(a)(i) (33 U.S.C. 2023(a)(i)) after
``masthead light forward''; by striking ``except that a
vessel of less than 20 meters in length need not exhibit this
light forward of amidships but shall exhibit it as far
forward as is practicable;'';
(4) by amending Rule 24(f) (33 U.S.C. 2024(f)) to read as
follows:
``(f) Provided that any number of vessels being towed
alongside or pushed in a group shall be lighted as one
vessel, except as provided in paragraph (iii)--
``(i) a vessel being pushed ahead, not being part of a
composite unit, shall exhibit at the forward end, sidelights
and a special flashing light;
``(ii) a vessel being towed alongside shall exhibit a
sternlight and at the forward end, sidelights and a special
flashing light; and
``(iii) when vessels are towed alongside on both sides of
the towing vessels a stern light shall be exhibited on the
stern of the outboard vessel on each side of the towing
vessel, and a single set of sidelights as far forward and as
far outboard as is practicable, and a single special flashing
light.'';
(5) in Rule 26 (33 U.S.C 2026)--
(A) in each of subsections (b)(i) and (c)(i) by striking
``a vessel of less than 20 meters in length may instead of
this shape exhibit a basket;''; and
(B) by amending subsection (d) to read as follows:
``(d) The additional signals described in Annex II to these
Rules apply to a vessel engaged in fishing in close proximity
to other vessels engaged in fishing.''; and
(6) by amending Rule 34(h) (33 U.S.C. 2034) to read as
follows:
``(h) A vessel that reaches agreement with another vessel
in a head-on, crossing, or overtaking situation, as for
example, by using the radiotelephone as prescribed by the
Vessel Bridge-to-Bridge Radiotelephone Act (85 Stat. 164; 33
U.S.C. 1201 et seq.), is not obliged to sound the whistle
signals prescribed by this rule, but may do so. If agreement
is not reached, then whistle signals shall be exchanged in a
timely manner and shall prevail.''.

SEC. 702. MEASUREMENT OF VESSELS.

Section 14104 of title 46, United States Code, is amended
by redesignating the existing text after the section heading
as subsection (a) and by adding at the end the following
new subsection:
``(b) If a statute allows for an alternate tonnage to be
prescribed under this section, the Secretary may prescribe it
by regulation. The alternate tonnage shall, to the maximum
extent possible, be equivalent to the statutorily established
tonnage. Until an alternate tonnage is prescribed, the
statutorily established tonnage shall apply to vessels
measured under chapter 143 or chapter 145 of this title.''.

SEC. 703. LONGSHORE AND HARBOR WORKERS COMPENSATION.

Section 3(d)(3)(B) of the Longshore and Harbor Workers'
Compensation Act (33 U.S.C. 903(d)(3)(B)) is amended by
inserting after ``1,600 tons gross'' the following: ``as
measured under section 14502 of title 46, United States Code,
or an alternate tonnage measured under section 14302 of that
title as prescribed by the Secretary under section 14104 of
that title''.

SEC. 704. RADIOTELEPHONE REQUIREMENTS.

Section 4(a)(2) of the Vessel Bridge-to-Bridge
Radiotelephone Act (33 U.S.C. 1203(a)(2)) is amended by
inserting after ``one hundred gross tons'' the following ``as
measured under section 14502 of title 46, United States Code,
or an alternate tonnage measured under section 14302 of that
title as prescribed by the Secretary under section 14104 of
that title,''.

SEC. 705. VESSEL OPERATING REQUIREMENTS.

Section 4(a)(3) of the Ports and Waterways Safety Act (33
U.S.C. 1223(a)(3)) is amended by inserting after ``300 gross
tons'' the following: ``as measured under section 14502 of
title 46, United States Code, or an alternate tonnage
measured under section 14302 of that title as prescribed by
the Secretary under section 14104 of that title''.

SEC. 706. MERCHANT MARINE ACT, 1920.

Section 27A of the Merchant Marine Act, 1920 (46 U.S.C.
App. 883-1), is amended by inserting after ``five hundred
gross tons'' the following: ``as measured under section 14502
of title 46, United States Code, or an alternate tonnage
measured under section 14302 of that title as prescribed by
the Secretary under section 14104 of that title,''.

SEC. 707. MERCHANT MARINE ACT, 1956.

Section 2 of the Act of June 14, 1956 (46 U.S.C. App.
883a), is amended by inserting after ``five hundred gross
tons'' the following: ``as measured under section 14502 of
title 46, United States Code, or an alternate tonnage
measured under section 14302 of that title as prescribed by
the Secretary under section 14104 of that title''.

SEC. 708. MARITIME EDUCATION AND TRAINING.

Section 1302(4)(A) of the Merchant Marine Act, 1936 (46
U.S.C. App. 1295a(4)(a)) is amended by inserting after
``1,000 gross tons or more'' the following: ``as measured
under section 14502 of title 46, United States Code, or an
alternate tonnage measured under section 14302 of that title
as prescribed by the Secretary under section 14104 of that
title''.

SEC. 709. GENERAL DEFINITIONS.

Section 2101 of title 46, United States Code, is amended--
(1) in paragraph (13), by inserting after ``15 gross tons''
the following: ``as measured under section 14502 of title 46,
United States Code, or an alternate tonnage measured under
section 14302 of that title as prescribed by the Secretary
under section 14104 of that title'';
(2) in paragraph (13a), by inserting after ``3,500 gross
tons'' the following: ``as measured under section 14502 of
title 46, United States Code, or an alternate tonnage
measured under section 14302 of that title as prescribed by
the Secretary under section 14104 of that title'';
(3) in paragraph (19), by inserting after ``500 gross
tons'' the following: ``as measured under section 14502 of
title 46, United States Code, or an alternate tonnage
measured under section 14302 of that title as prescribed by
the Secretary under section 14104 of that title'';
(4) in paragraph (22), by inserting after ``100 gross
tons'' the following: ``as measured under section 14502 of
title 46, United States Code, or an alternate tonnage
measured under section 14302 of that title as prescribed by
the Secretary under section 14104 of that title'';
(5) in paragraph (30)(A), by inserting after ``500 gross
tons'' the following: ``as measured under section 14502 of
title 46, United States Code, or an alternate tonnage
measured under section 14302 of that title as prescribed by
the Secretary under section 14104 of that title'';
(6) in paragraph (32), by inserting after ``100 gross
tons'' the following: ``as measured under section 14502 of
title 46, United States Code, or an alternate tonnage
measured under section 14302 of that title as prescribed by
the Secretary under section 14104 of that title'';
(7) in paragraph (33), by inserting after ``300 gross
tons'' the following: ``as measured under section 14502 of
title 46, United States Code, or an alternate tonnage
measured under section 14302 of that title as prescribed by
the Secretary under section 14104 of that title'';
(8) in paragraph (35), by inserting after ``100 gross
tons'' the following: ``as measured under section 14502 of
title 46, United States Code, or an alternate tonnage
measured under section 14302 of that title as prescribed by
the Secretary under section 14104 of that title''; and
(9) in paragraph (42), by inserting after ``100 gross
tons'' each place it appears, the following: ``as measured
under section 14502 of title 46, United States Code, or an
alternate tonnage measured under section 14302 of that title
as prescribed by the Secretary under section 14104 of that
title''.

SEC. 710. AUTHORITY TO EXEMPT CERTAIN VESSELS.

Section 2113 of title 46, United States Code, is amended--
(1) in paragraph (4), by inserting after ``at least 100
gross tons but less than 300 gross tons'' the following: ``as
measured under section 14502 of title 46, United States Code,
or an alternate tonnage measured under section 14302 of that
title as prescribed by the Secretary under section 14104 of
that title''; and
(2) in paragraph (5), by inserting after ``at least 100
gross tons but less than 500 gross tons'' the following: ``as
measured under section 14502 of title 46, United States Code,
or an alternate tonnage measured under section 14302 of that
title as prescribed by the Secretary under section 14104 of
that title''.

SEC. 711. INSPECTION OF VESSELS.

Section 3302 of title 46, United States Code, is amended--
(1) in subsection (c)(1), by inserting after ``5,000 gross
tons'' the following: ``as measured under section 14502 of
title 46, United States Code, or an alternate tonnage
measured under section 14302 of that title as prescribed by
the Secretary under section 14104 of that title'';
(2) in subsection (c)(2), by inserting after ``500 gross
tons'' the following: ``as measured under section 14502 of
title 46, United States Code, or an alternate tonnage
measured under section 14302 of that title as prescribed by
the Secretary under section 14104 of that title'';
(3) in subsection (c)(3), by inserting after ``500 gross
tons'' the following: ``as measured under section 14502 of
title 46, United States Code, or an alternate tonnage
measured under section 14302 of that title as prescribed by
the Secretary under section 14104 of that title'';
(4) in subsection (c)(4)(A), by inserting after ``500 gross
tons'' the following: ``as measured under section 14502 of
title 46, United States Code, or an alternate tonnage
measured under section 14302 of that title as prescribed by
the Secretary under section 14104 of that title'';
(5) in subsection (d)(1), by inserting after ``150 gross
tons'' the following: ``as measured under section 14502 of
title 46, United States Code, or an alternate tonnage
measured under section 14302 of that title as prescribed by
the Secretary under section 14104 of that title'';
(6) in subsection (i)(1)(A), by inserting after ``300 gross
tons'' the following: ``as measured under section 14502 of
title 46, United States Code, or an alternate tonnage
measured under section 14302 of that title as prescribed by
the Secretary under section 14104 of that title''; and
(7) in subsection (j), by inserting after ``15 gross tons''
the following: ``as measured under section 14502 of title 46,
United States Code, or an alternate tonnage measured under
section 14302 of that title as prescribed by the Secretary
under section 14104 of that title''.

SEC. 712. REGULATIONS.

Section 3306 of title 46, United States Code, is amended--
(1) in subsection (h), by inserting after ``at least 100
gross tons but less than 300 gross tons'' the following: ``as
measured under section 14502 of title 46, United States Code,
or an alternate tonnage measured under section 14302 of that
title as prescribed by the Secretary under section 14104 of
that title''; and
(2) in subsection (i), by inserting after ``at least 100
gross tons but less than 500 gross tons'' the following: ``as
measured under section 14502 of title 46, United States Code,
or an alternate tonnage measured under section 14302 of that
title as prescribed by the Secretary under section 14104 of
that title''.

SEC. 713. PENALTIES--INSPECTION OF VESSELS.

Section 3318 of title 46, United States Code, is amended--
(1) in subsection (a), by inserting after ``100 gross
tons'' the following: ``as measured under section 14502 of
title 46, United States Code, or an alternate tonnage
measured under section

[[Page S7701]]

14302 of that title as prescribed by the Secretary under
section 14104 of that title''; and
(2) in subsection (j)(1), by inserting after ``1,600 gross
tons'' the following: ``as measured under section 14502 of
title 46, United States Code, or an alternate tonnage
measured under section 14302 of that title as prescribed by
the Secretary under section 14104 of that title''.

SEC. 714. APPLICATION--TANK VESSELS.

Section 3702 of title 46, United States Code, is amended--
(1) in subsection (b)(1), by inserting after ``500 gross
tons'' the following: ``as measured under section 14502 of
title 46, United States Code, or an alternate tonnage
measured under section 14302 of that title as prescribed by
the Secretary under section 14104 of that title'';
(2) in subsection (c), by inserting after ``500 gross
tons'' the following: ``as measured under section 14502 of
title 46, United States Code, or an alternate tonnage
measured under section 14302 of that title as prescribed by
the Secretary under section 14104 of that title''; and
(3) in subsection (d), by inserting after ``5,000 gross
tons'' the following: ``as measured under section 14502 of
title 46, United States Code, or an alternate tonnage
measured under section 14302 of that title as prescribed by
the Secretary under section 14104 of that title''.

SEC. 715. TANK VESSEL CONSTRUCTION STANDARDS.

Section 3703a of title 46, United States Code, is amended--
(1) in subsection (b)(2), by inserting after ``5,000 gross
tons'' the following: ``as measured under section 14502 of
title 46, United States Code, or an alternate tonnage
measured under section 14302 of that title as prescribed by
the Secretary under section 14104 of that title'';
(2) in subsection (c)(2), by inserting after ``5,000 gross
tons'' each place it appears the following: ``as measured
under section 14502 of title 46, United States Code, or an
alternate tonnage measured under section 14302 of that title
as prescribed by the Secretary under section 14104 of that
title'';
(3) in subsection (c)(3)(A), by inserting after ``15,000
gross tons'' the following: ``as measured under section 14502
of title 46, United States Code, or an alternate tonnage
measured under section 14302 of that title as prescribed by
the Secretary under section 14104 of that title'';
(4) in subsection (c)(3)(B), by inserting after ``30,000
gross tons'' the following: ``as measured under section 14502
of title 46, United States Code, or an alternate tonnage
measured under section 14302 of that title as prescribed by
the Secretary under section 14104 of that title''; and
(5) in subsection (c)(3)(C), by inserting after ``30,000
gross tons'' the following: ``as measured under section 14502
of title 46, United States Code, or an alternate tonnage
measured under section 14302 of that title as prescribed by
the Secretary under section 14104 of that title''.

SEC. 716. TANKER MINIMUM STANDARDS.

Section 3707 of title 46, United States Code, is amended--
(1) in subsection (a), by inserting after ``10,000 gross
tons'' the following: ``as measured under section 14502 of
title 46, United States Code, or an alternate tonnage
measured under section 14302 of that title as prescribed by
the Secretary under section 14104 of that title''; and
(2) in subsection (b), by inserting after ``10,000 gross
tons'' the following: ``as measured under section 14502 of
title 46, United States Code, or an alternate tonnage
measured under section 14302 of that title as prescribed by
the Secretary under section 14104 of that title''.

SEC. 717. SELF-PROPELLED TANK VESSEL MINIMUM STANDARDS.

Section 3708 of title 46, United States Code, is amended by
inserting after ``10,000 gross tons'' the following: ``as
measured under section 14502 of title 46, United States Code,
or an alternate tonnage measured under section 14302 of that
title as prescribed by the Secretary under section 14104 of
that title''.

SEC. 718. DEFINITION--ABANDONMENT OF BARGES.

Section 4701(1) of title 46, United States Code, is amended
by inserting after ``100 gross tons'' the following: ``as
measured under section 14502 of title 46, United States Code,
or an alternate tonnage measured under section 14302 of that
title as prescribed by the Secretary under section 14104 of
that title''.

SEC. 719. APPLICATION--LOAD LINES.

Section 5102(b) of title 46, United States Code, is
amended--
(1) in paragraph (4), by inserting after ``5,000 gross
tons'' the following: ``as measured under section 14502 of
title 46, United States Code, or an alternate tonnage
measured under section 14302 of that title as prescribed by
the Secretary under section 14104 of that title'';
(2) in paragraph (5), by inserting after ``500 gross tons''
the following: ``as measured under section 14502 of title 46,
United States Code, or an alternate tonnage measured under
section 14302 of that title as prescribed by the Secretary
under section 14104 of that title''; and
(3) in paragraph (10), by inserting after ``150 gross
tons'' the following: ``as measured under section 14502 of
title 46, United States Code, or an alternate tonnage
measured under section 14302 of that title as prescribed by
the Secretary under section 14104 of that title''.

SEC. 720. LICENSING OF INDIVIDUALS.

Section 7101(e)(3) of title 46, United States Code, is
amended by inserting after ``1,600 gross tons'' the
following: ``as measured under section 14502 of title 46,
United States Code, or an alternate tonnage measured under
section 14302 of that title as prescribed by the Secretary
under section 14104 of that title''.

SEC. 721. ABLE SEAMEN--LIMITED.

Section 7308 of title 46, United States Code, is amended by
inserting after ``100 gross tons'' the following: ``as
measured under section 14502 of title 46, United States Code,
or an alternate tonnage measured under section 14302 of that
title as prescribed by the Secretary under section 14104 of
that title''.

SEC. 722. ABLE SEAMEN--OFFSHORE SUPPLY VESSELS.

Section 7310 of title 46, United States Code, is amended by
inserting after ``500 gross tons'' the following: ``as
measured under section 14502 of title 46, United States Code,
or an alternate tonnage measured under section 14302 of that
title as prescribed by the Secretary under section 14104 of
that title''.

SEC. 723. SCALE OF EMPLOYMENT--ABLE SEAMEN.

Section 7312 of title 46, United States Code, is amended--
(1) in subsection (b), by inserting after ``1,600 gross
tons'' the following: ``as measured under section 14502 of
title 46, United States Code, or an alternate tonnage
measured under section 14302 of that title as prescribed by
the Secretary under section 14104 of that title'';
(2) in subsection (c)(1), by inserting after ``500 gross
tons'' the following: ``as measured under section 14502 of
title 46, United States Code, or an alternate tonnage
measured under section 14302 of that title as prescribed by
the Secretary under section 14104 of that title'';
(3) in subsection (d), by inserting after ``500 gross
tons'' the following: ``as measured under section 14502 of
title 46, United States Code, or an alternate tonnage
measured under section 14302 of that title as prescribed by
the Secretary under section 14104 of that title'';
(4) in subsection (f)(1), by inserting after ``5,000 gross
tons'' the following: ``as measured under section 14502 of
title 46, United States Code, or an alternate tonnage
measured under section 14302 of that title as prescribed by
the Secretary under section 14104 of that title''; and
(5) in subsection (f)(2), by inserting after ``5,000 gross
tons'' the following: ``as measured under section 14502 of
title 46, United States Code, or an alternate tonnage
measured under section 14302 of that title as prescribed by
the Secretary under section 14104 of that title''.

SEC. 724. GENERAL REQUIREMENTS--ENGINE DEPARTMENT.

Section 7313(a) of title 46, United States Code, is amended
by inserting after ``100 gross tons'' the following: ``as
measured under section 14502 of title 46, United States Code,
or an alternate tonnage measured under section 14302 of that
title as prescribed by the Secretary under section 14104 of
that title''.

SEC. 725. COMPLEMENT OF INSPECTED VESSELS.

Section 8101(h) of title 46, United States Code, is amended
by inserting after ``100 gross tons'' the following: ``as
measured under section 14502 of title 46, United States Code,
or an alternate tonnage measured under section 14302 of that
title as prescribed by the Secretary under section 14104 of
that title''.

SEC. 726. WATCHMEN.

Section 8102(b) of title 46, United States Code, is amended
by inserting after ``100 gross tons'' the following: ``as
measured under section 14502 of title 46, United States Code,
or an alternate tonnage measured under section 14302 of that
title as prescribed by the Secretary under section 14104 of
that title''.

SEC. 727. CITIZENSHIP AND NAVAL RESERVE REQUIREMENTS.

Section 8103(b)(3)(A) of title 46, United States Code, is
amended by inserting after ``1,600 gross tons'' the
following: ``as measured under section 14502 of title 46,
United States Code, or an alternate tonnage measured under
section 14302 of that title as prescribed by the Secretary
under section 14104 of that title''.

SEC. 728. WATCHES.

Section 8104 of title 46, United States Code, is amended--
(1) in subsection (b), by inserting after ``100 gross
tons'' the following: ``as measured under section 14502 of
title 46, United States Code, or an alternate tonnage
measured under section 14302 of that title as prescribed by
the Secretary under section 14104 of that title'';
(2) in subsection (d), by inserting after ``100 gross
tons'' and after ``5,000 gross tons'' the following: ``as
measured under section 14502 of title 46, United States Code,
or an alternate tonnage measured under section 14302 of that
title as prescribed by the Secretary under section 14104 of
that title'';
(3) in subsection (l)(1), by inserting after ``1,600 gross
tons'' the following: ``as measured under section 14502 of
title 46, United States Code, or an alternate tonnage
measured under section 14302 of that title as prescribed by
the Secretary under section 14104 of that title'';
(4) in subsection (m)(1), by inserting after ``1,600 gross
tons'' the following: ``as measured under section 14502 of
title 46, United States Code, or an alternate tonnage
measured under section 14302 of that title as prescribed by
the Secretary under section 14104 of that title'';
(5) in subsection (o)(1), by inserting after ``500 gross
tons'' the following: ``as measured under section 14502 of
title 46, United States Code, or an alternate tonnage
measured under section 14302 of that title as prescribed by
the Secretary under section 14104 of that title''; and
(6) in subsection (o)(2), by inserting after ``500 gross
tons'' the following: ``as measured under section 14502 of
title 46, United States Code, or an alternate tonnage
measured under section 14302 of that title as prescribed by
the Secretary under section 14104 of that title''.

SEC. 729. MINIMUM NUMBER OF LICENSED INDIVIDUALS.

Section 8301 of title 46, United States Code, is amended--
(1) in subsection (a)(2), by inserting after ``1,000 gross
tons'' the following: ``as measured under section 14502 of
title 46, United States Code, or an alternate tonnage
measured under section 14302 of that title as prescribed by
the Secretary under section 14104 of that title'';
(2) in subsection (a)(3), by inserting after ``at least 200
gross tons but less than 1,000 gross

[[Page S7702]]

tons'' the following: ``as measured under section 14502 of
title 46, United States Code, or an alternate tonnage
measured under section 14302 of that title as prescribed by
the Secretary under section 14104 of that title'';
(3) in subsection (a)(4), by inserting after ``at least 100
gross tons but less than 200 gross tons'' the following: ``as
measured under section 14502 of title 46, United States Code,
or an alternate tonnage measured under section 14302 of that
title as prescribed by the Secretary under section 14104 of
that title'';
(4) in subsection (a)(5), by inserting after ``300 gross
tons'' the following: ``as measured under section 14502 of
title 46, United States Code, or an alternate tonnage
measured under section 14302 of that title as prescribed by
the Secretary under section 14104 of that title''; and
(5) in subsection (b), by inserting after ``200 gross
tons'' the following: ``as measured under section 14502 of
title 46, United States Code, or an alternate tonnage
measured under section 14302 of that title as prescribed by
the Secretary under section 14104 of that title''.

SEC. 730. OFFICERS' COMPETENCY CERTIFICATES CONVENTION.

Section 8304(b)(4) of title 46, United States Code, is
amended by inserting after ``200 gross tons'' the following:
``as measured under section 14502 of title 46, United States
Code, or an alternate tonnage measured under section 14302 of
that title as prescribed by the Secretary under section 14104
of that title''.

SEC. 731. MERCHANT MARINERS' DOCUMENTS REQUIRED.

Section 8701 of title 46, United States Code, is amended--
(1) in subsection (a), by inserting after ``100 gross
tons'' the following: ``as measured under section 14502 of
title 46, United States Code, or an alternate tonnage
measured under section 14302 of that title as prescribed by
the Secretary under section 14104 of that title''; and
(2) in subsection (a)(6), by inserting after ``1,600 gross
tons'' the following: ``as measured under section 14502 of
title 46, United States Code, or an alternate tonnage
measured under section 14302 of that title as prescribed by
the Secretary under section 14104 of that title''.

SEC. 732. CERTAIN CREW REQUIREMENTS.

Section 8702 of title 46, United States Code, is amended--
(1) in subsection (a), by inserting after ``100 gross
tons'' the following: ``as measured under section 14502 of
title 46, United States Code, or an alternate tonnage
measured under section 14302 of that title as prescribed by
the Secretary under section 14104 of that title''; and
(2) in subsection (a)(6), by inserting after ``1,600 gross
tons'' the following: ``as measured under section 14502 of
title 46, United States Code, or an alternate tonnage
measured under section 14302 of that title as prescribed by
the Secretary under section 14104 of that title''.

SEC. 733. FREIGHT VESSELS.

Section 8901 of title 46, United States Code, is amended by
inserting after ``100 gross tons'' the following: ``as
measured under section 14502 of title 46, United States Code,
or an alternate tonnage measured under section 14302 of that
title as prescribed by the Secretary under section 14104 of
that title''.

SEC. 734. EXEMPTIONS.

Section 8905(b) of title 46, United States Code, is amended
by inserting after ``200 gross tons'' the following: ``as
measured under section 14502 of title 46, United States Code,
or an alternate tonnage measured under section 14302 of that
title as prescribed by the Secretary under section 14104 of
that title''.

SEC. 735. UNITED STATES REGISTERED PILOT SERVICE.

Section 9303(a)(2) of title 46, United States Code, is
amended by inserting after ``4,000 gross tons'' the
following: ``as measured under section 14502 of title 46,
United States Code, or an alternate tonnage measured under
section 14302 of that title as prescribed by the Secretary
under section 14104 of that title''.

SEC. 736. DEFINITIONS--MERCHANT SEAMEN PROTECTION.

Section 10101(4)(B) of title 46, United States Code, is
amended by inserting after ``1,600 gross tons'' the
following: ``as measured under section 14502 of title 46,
United States Code, or an alternate tonnage measured under
section 14302 of that title as prescribed by the Secretary
under section 14104 of that title''.

SEC. 737. APPLICATION--FOREIGN AND INTERCOASTAL VOYAGES.

Section 10301(a)(2) of title 46, United States Code, is
amended by inserting after ``75 gross tons'' the following:
``as measured under section 14502 of title 46, United States
Code, or an alternate tonnage measured under section 14302 of
that title as prescribed by the Secretary under section 14104
of that title''.

SEC. 738. APPLICATION--COASTWISE VOYAGES.

Section 10501(a) of title 46, United States Code, is
amended by inserting after ``50 gross tons'' the following:
``as measured under section 14502 of title 46, United States
Code, or an alternate tonnage measured under section 14302 of
that title as prescribed by the Secretary under section 14104
of that title''.

SEC. 739. FISHING AGREEMENTS.

Section 10601(a)(1) of title 46, United States Code, is
amended by inserting after ``20 gross tons'' the following:
``as measured under section 14502 of title 46, United States
Code, or an alternate tonnage measured under section 14302 of
that title as prescribed by the Secretary under section 14104
of that title''.

SEC. 740. ACCOMMODATIONS FOR SEAMEN.

Section 11101(a) of title 46, United States Code, is
amended by inserting after ``100 gross tons'' the following:
``as measured under section 14502 of title 46, United States
Code, or an alternate tonnage measured under section 14302 of
that title as prescribed by the Secretary under section 14104
of that title''.

SEC. 741. MEDICINE CHESTS.

Section 11102(a) of title 46, United States Code, is
amended by inserting after ``75 gross tons'' the following:
``as measured under section 14502 of title 46, United States
Code, or an alternate tonnage measured under section 14302 of
that title as prescribed by the Secretary under section 14104
of that title''.

SEC. 742. LOGBOOK AND ENTRY REQUIREMENTS.

Section 11301(a)(2) of title 46, United States Code, is
amended by inserting after ``100 gross tons'' the following:
``as measured under section 14502 of title 46, United States
Code, or an alternate tonnage measured under section 14302 of
that title as prescribed by the Secretary under section 14104
of that title''.

SEC. 743. COASTWISE ENDORSEMENTS.

Section 12106(c)(1) of title 46, United States Code, is
amended by striking ``two hundred gross tons'' and inserting
``200 gross tons as measured under section 14502 of title 46,
United States Code, or an alternate tonnage measured under
section 14302 of that title as prescribed by the Secretary
under section 14104 of that title''.

SEC. 744. FISHERY ENDORSEMENTS.

Section 12108(c)(1) of title 46, United States Code, is
amended by striking ``two hundred gross tons'' and inserting
``200 gross tons as measured under section 14502 of title 46,
United States Code, or an alternate tonnage measured under
section 14302 of that title as prescribed by the Secretary
under section 14104 of that title''.

SEC. 745. CLERICAL AMENDMENT.

Chapter 121 of title 46, United States Code, is amended--
(1) by striking the first section 12123; and
(2) in the table of sections at the beginning of the
chapter by striking the first item relating to section 12123.

SEC. 746. REPEAL OF GREAT LAKES ENDORSEMENTS.

(a) Repeal.--Section 12107 of title 46, United States Code,
is repealed.
(b) Conforming Amendments.--
(1) The analysis at the beginning of chapter 121 of title
46, United States Code, is amended by striking the item
relating to section 12107.
(2) Section 12101(b)(3) of title 46, United States Code, is
repealed.
(3) Section 4370(a) of the Revised Statutes of the United
States (46 App. U.S.C. 316(a)) is amended by striking ``or
12107''.
(4) Section 2793 of the Revised Statutes of the United
States (46 App. U.S.C. 111, 123) is amended--
(A) by striking ``coastwise, Great Lakes endorsement'' and
all that follows through ``foreign ports,'' and inserting
``registry endorsement, engaged in foreign trade on the Great
Lakes or their tributary or connecting waters in trade with
Canada,''; and
(B) by striking ``, as if from or to foreign ports''.

SEC. 747. CONVENTION TONNAGE FOR LICENSES, CERTIFICATES, AND
DOCUMENTS.

(a) Authority To Use Convention Tonnage.--Chapter 75 of
title 46, United States Code, is amended by adding at the end
the following:

``Sec. 7506. Convention tonnage for licenses, certificates,
and documents

``Notwithstanding any provision of section 14302(c) or
14305 of this title, the Secretary may--
``(1) evaluate the service of an individual who is applying
for a license, a certificate of registry, or a merchant
mariner's document by using the tonnage as measured under
chapter 143 of this title for the vessels on which that
service was acquired, and
``(2) issue the license, certificate, or document based on
that service.''.
(b) Clerical Amendment.--The analysis to chapter 75 of
title 46, United States Code, is amended by adding a new item
as follows:

``7506. Convention tonnage for licenses, certificates, and
documents.''.
TITLE VIII--COAST GUARD AUXILIARY AMENDMENTS

SEC. 801. ADMINISTRATION OF THE COAST GUARD AUXILIARY.

(a) In General.--Section 821 of title 14, United States
Code, is amended to read as follows:

``Sec. 821. Administration of the Coast Guard Auxiliary

``(a) The Coast Guard Auxiliary is a nonmilitary
organization administered by the Commandant under the
direction of the Secretary. For command, control, and
administrative purposes, the Auxiliary shall include such
organizational elements and units as are approved by the
Commandant, including but not limited to, a national board
and staff (to be known as the `Auxiliary headquarters unit'),
districts, regions, divisions, flotillas, and other
organizational elements and units. The Auxiliary organization
and its officers shall have such rights, privileges, powers,
and duties as may be granted to them by the Commandant,
consistent with this title and other applicable provisions of
law. The Commandant may delegate to officers of the Auxiliary
the authority vested in the Commandant by this section, in
the manner and to the extent the Commandant considers
necessary or appropriate for the functioning, organization,
and internal administration of the Auxiliary.
``(b) Each organizational element or unit of the Coast
Guard Auxiliary organization (but excluding any corporation
formed by an organizational element or unit of the Auxiliary
under subsection (c) of this section), shall, except when
acting outside the scope of section 822, at all times be
deemed to be an instrumentality of the United States, for
purposes of--
``(1) chapter 26 of title 28 (popularly known as the
Federal Tort Claims Act);
``(2) section 2733 of title 10 (popularly known as the
Military Claims Act);

[[Page S7703]]

``(3) the Act of March 3, 1925 (46 App. U.S.C. 781-790;
popularly known as the Public Vessels Act);
``(4) the Act of March 9, 1920 (46 App. U.S.C. 741-752;
popularly known as the Suits in Admiralty Act);
``(5) the Act of June 19, 1948 (46 App. U.S.C. 740;
popularly known as the Admiralty Extension Act); and
``(6) other matters related to noncontractual civil
liability.
``(c) The national board of the Auxiliary, and any
Auxiliary district or region, may form a corporation under
State law in accordance with policies established by the
Commandant.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 23 of title 14, United States Code, is
amended by striking the item relating to section 821, and
inserting the following:

``821. Administration of the Coast Guard Auxiliary.''.

SEC. 802. PURPOSE OF THE COAST GUARD AUXILIARY.

(a) In General.--Section 822 of title 14, United States
Code, is amended to read as follows:

``Sec. 822. Purpose of the Coast Guard Auxiliary

``The purpose of the Auxiliary is to assist the Coast Guard
as authorized by the Commandant, in performing any Coast
Guard function, power, duty, role, mission, or operation
authorized by law.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 23 of title 14, United States Code, is
amended by striking the item relating to section 822 and
inserting the following:

``822. Purpose of the Coast Guard Auxiliary.''.

SEC. 803. MEMBERS OF THE AUXILIARY; STATUS.

(a) In General.--Section 823 of title 14, United States
Code, is amended--
(1) in the heading by adding ``, and status'' after
``enrollments'';
(2) by inserting ``(a)'' before ``The Auxiliary''; and
(3) by adding at the end the following new subsections:
``(b) A member of the Coast Guard Auxiliary is not a
Federal employee except for the following purposes:
``(1) Chapter 26 of title 28 (popularly known as the
Federal Tort Claims Act).
``(2) Section 2733 of title 10 (popularly known as the
Military Claims Act).
``(3) The Act of March 3, 1925 (46 App. U.S.C. 781-790;
popularly known as the Public Vessel Act).
``(4) The Act of March 9, 1920 (46 App. U.S.C. 741-752;
popularly known as the Suits in Admiralty Act).
``(5) The Act of June 19, 1948 (46 App. U.S.C. 740;
popularly known as the Admiralty Extension Act).
``(6) Other matters related to noncontractual civil
liability.
``(7) Compensation for work injuries under chapter 81 of
title 5.
``(8) The resolution of claims relating to damage to or
loss of personal property of the member incident to service
under section 3721 of title 31 (popularly known as the
Military Personnel and Civilian Employees' Claims Act of
1964).
``(c) A member of the Auxiliary, while assigned to duty,
shall be deemed to be a person acting under an officer of the
United States or an agency thereof for purposes of section
1442(a)(1) of title 28.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 23 of title 14, United States Code, is
amended by striking the item relating to section 823 and
inserting the following:

``823. Eligibility, enrollments, and status.''.

SEC. 804. ASSIGNMENT AND PERFORMANCE OF DUTIES.

(a) Travel and Subsistence Expense.--Section 830(a) of
title 14, United States Code, is amended by striking
``specific''.
(b) Assignment of General Duties.--Section 831 of title 14,
United States Code, is amended by striking ``specific'' each
place it appears.
(c) Benefits for Injury or Death.--Section 832 of title 14,
United States Code, is amended by striking ``specific'' each
place it appears.

SEC. 805. COOPERATION WITH OTHER AGENCIES, STATES,
TERRITORIES, AND POLITICAL SUBDIVISIONS.

(a) In General.--Section 141 of title 14, United States
Code, is amended--
(1) by striking the section heading and inserting the
following:

``Sec. 141. Cooperation with other agencies, States,
territories, and political subdivisions'';

(2) in the first sentence of subsection (a), by inserting
after ``personnel and facilities'' the following:
``(including members of the Auxiliary and facilities governed
under chapter 23)''; and
(3) by adding at the end of subsection (a) the following
new sentence: ``The Commandant may prescribe conditions,
including reimbursement, under which personnel and facilities
may be provided under this subsection.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 7 of title 14, United States Code, is
amended by striking the item relating to section 141 and
inserting the following:

``141. Cooperation with other agencies, States, territories, and
political subdivisions.''.

SEC. 806. VESSEL DEEMED PUBLIC VESSEL.

Section 827 of title 14, United States Code, is amended to
read as follows:

``Sec. 827. Vessel deemed public vessel

``While assigned to authorized Coast Guard duty, any
motorboat or yacht shall be deemed to be a public vessel of
the United States and a vessel of the Coast Guard within the
meaning of sections 646 and 647 of this title and other
applicable provisions of law.''.

SEC. 807. AIRCRAFT DEEMED PUBLIC AIRCRAFT.

Section 828 of title 14, United States Code, is amended to
read as follows:

``Sec. 828. Aircraft deemed public aircraft

``While assigned to authorized Coast Guard duty, any
aircraft shall be deemed to be a Coast Guard aircraft, a
public vessel of the United States, and a vessel of the Coast
Guard within the meaning of sections 646 and 647 of this
title and other applicable provisions of law. Subject to the
provisions of sections 823a and 831 of this title, while
assigned to duty, qualified Auxiliary pilots shall be deemed
to be Coast Guard pilots.''.

SEC. 808. DISPOSAL OF CERTAIN MATERIAL.

Section 641(a) of title 14, United States Code, is
amended--
(1) by inserting after ``with or without charge,'' the
following: ``to the Coast Guard Auxiliary, including any
incorporated unit thereof,''; and
(2) by striking ``to any incorporated unit of the Coast
Guard Auxiliary,''.

Mr. STEVENS. Mr. President, I ask unanimous consent that the Senate
disagree to the amendment of the House, agree to the request for a
conference, and that the Chair be authorized to appoint conferees on
the part of the Senate.
The PRESIDING OFFICER. Without objection, it is so ordered.
The Chair appointed from the Committee on Commerce Mr. Pressler, Mr.
Stevens, Mr. Gorton, Mr. Lott, Mrs. Hutchison, Ms. Snowe, Mr. Ashcroft,
Mr. Abraham, Mr. Hollings, Mr. Inouye, Mr. Ford, Mr. Kerry of
Massachusetts, Mr. Breaux, Mr. Dorgan and Mr. Wyden, from the Committee
on Environment and Public Works for all Oil Pollution Act issues under
their jurisdiction Mr. Chafee, Mr. Warner, Mr. Smith, Mr. Faircloth,
Mr. Inhofe, Mr. Baucus, Mr. Lautenberg, Mr. Lieberman and Mrs. Boxer
conferees on the part of the Senate.

WATER RESOURCES DEVELOPMENT ACT OF 1996

Mr. STEVENS. Mr. President, I ask unanimous consent that the Senate
proceed to the immediate consideration of calendar 227, S. 640.
The PRESIDING OFFICER. The clerk will report.
The bill clerk read as follows:

A bill (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.

The PRESIDING OFFICER. Is there objection to the immediate
consideration of the bill?
There being no objection, the Senate proceeded to consider the
bill, which had been reported from the Committee on Environment and
Public Works, with an amendment to strike all after the enacting clause
and inserting in lieu thereof the following:

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. Heber Springs, Arkansas.
Sec. 202. Morgan Point, Arkansas.
Sec. 203. White River Basin Lakes, Arkansas and Missouri.
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. Buford Trenton Irrigation District, North Dakota and Montana.
Sec. 213. Wister Lake project, LeFlore County, Oklahoma.
Sec. 214. Willamette River, McKenzie Subbasin, Oregon.
Sec. 215. Abandoned and wrecked barge removal, Rhode Island.
Sec. 216. Providence River and Harbor, Rhode Island.
Sec. 217. Cooper Lake and Channels, Texas.
Sec. 218. Rudee Inlet, Virginia Beach, Virginia.
Sec. 219. 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.

[[Page S7704]]

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. Capital improvements for the 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. Shoreline erosion control demonstration.
Sec. 334. 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 $204,000,000, with an estimated Federal cost of
$110,000,000 and an estimated non-Federal cost of
$94,000,000, and the breakwater near the South Water
Filtration Plant, a separable element of the project at a
total cost of $8,539,000, with an estimated Federal cost of
$5,550,000 and an estimated non-Federal cost of $2,989,000.
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) 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.
(9) 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.
(10) 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.
(11) 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.
(12) 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.
(13) 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.
(14) 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.
(15) 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.
(16) 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.
(17) 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.
(18) 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 $257,900,000. 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) 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.

[[Page S7705]]

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.
(c) 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.
(d) 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.
(e) 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.
(f) 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.
(g) 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.
(h) 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.
(i) Manistique Harbor, Michigan.--
(1) Sand and stone cap.--The project for navigation,
Manistique Harbor, Schoolcraft County, Michigan, 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 March 3, 1905 (33 Stat. 1136), is
modified to permit installation of a sand and stone cap over
sediments affected by polychlorinated biphenyls, in
accordance with an administrative order of the Environmental
Protection Agency.
(2) Project depth.--
(A) In general.--Except as provided in subparagraph (B),
the project described in paragraph (1) is modified to provide
for an authorized depth of 18 feet.
(B) Exception.--The authorized depth shall be 12.5 feet in
the areas where the sand and stone cap described in paragraph
(1) will be placed within the following coordinates: 4220N-
2800E to 4220N-3110E to 3980N-3260E to 3190N-3040E to 2960N-
2560E to 3150N-2300E to 3680N-2510E to 3820N-2690E and back
to 4220N-2800E.
(3) Harbor of refuge.--The project described in paragraph
(1), including the breakwalls, pier, and authorized depth of
the project (as modified by paragraph (2)), shall continue to
be maintained as a harbor of refuge.
(j) 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) for the purpose of evaluating the
Federal interest in construction of the project for flood
control and determining the most feasible alternative. If the
Secretary determines that there is such a Federal interest,
the Secretary shall construct the most feasible alternative
at a total cost of not to exceed $11,600,000. The Federal
share of the cost shall be 75 percent.
(k) 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.
(l) 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.
(m) 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.
(n) 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.
(o) 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.
(p) Dallas Floodway Extension, Dallas, Texas.--
(1) In general.--The project for flood control, Dallas
Floodway Extension, Dallas, Texas, authorized by section 301
of the River and Harbor Act of 1965 (Public Law 89-298; 79
Stat. 1091), is modified to provide that, notwithstanding the
last sentence of section 104(c) of the Water Resources
Development Act of 1986 (33 U.S.C. 2214(c)), the Secretary
shall credit the cost of work performed by the non-Federal
interests in constructing flood protection works for
Rochester Park and the Central Wastewater Treatment Plant
against the non-Federal share of the cost of the project or
any revision of the project.
(2) Determination of amount.--The amount to be credited
under paragraph (1) shall be determined by the Secretary. In
determining the amount, the Secretary shall include only the
costs of such work performed by the non-Federal interests as
is--
(A) compatible with the project described in paragraph (1)
or any revision of the project; or
(B) required for construction of the project or any
revision of the project.
(3) Cash contribution.--Nothing in this subsection limits
the applicability of the requirement specified in section
103(a)(1)(A) of the Water Resources Development Act of 1986
(33 U.S.C. 2213(a)(1)(A)) to the project described in
paragraph (1).
(q) 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.
(r) 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.
(s) 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.
(t) Haysi Lake, Virginia and Kentucky.--The Secretary shall
expedite completion of the flood damage reduction plan for
the Levisa Fork Basin in Virginia and Kentucky, authorized by
section 202 of the Energy and Water Development Appropriation
Act, 1981 (Public Law 96-367; 94 Stat. 1339), in a manner
that is consistent with the Haysi Lake component of the plan
for flood control and associated water resource features
identified by the non-Federal interests.
(u) 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

[[Page S7706]]

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.
(v) 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 perform
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) 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.
(b) 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.
(c) 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.
(d) 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.
(e) 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.
(f) 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.
(g) 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.
(h) 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.
(i) 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

[[Page S7707]]

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, 1996, 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, 1996, and ending on December 31, 1996.
(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) 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.
(b) 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.
(c) 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.
(d) 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.
(e) 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.
(f) 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.
(g) 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.
(h) 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.
(i) 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.
(j) 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.
(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;

SEC. 201. 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. 202. 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. 203. 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

[[Page S7708]]

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. 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 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. 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 Buford
Trenton Irrigation District described in subparagraph (A)
that has been affected by rising ground water and 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 subject to the easements.
For the purpose of this paragraph, the unaffected fee value
of the lands is the value of the lands prior to being
affected by rising ground water and surface flooding.
(b) Conveyance of Drainage Pumps.--Notwithstanding any
other law, the Secretary may--
(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) may provide a lump sum payment of $60,000 for power
requirements associated with the operation of the drainage
pumps.
(c) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section $34,000,000, to
remain available until expended.

SEC. 213. 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. 214. 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. 215. 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. 216. 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. 217. COOPER LAKE AND CHANNELS, TEXAS.

[[Page S7709]]

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. 218. 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. 219. VIRGINIA BEACH, VIRGINIA.

Notwithstanding any other 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.
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

[[Page S7710]]

(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.

[[Page S7711]]

(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. 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. 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.

[[Page S7712]]

(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. 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.

[[Page S7713]]

``(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. 334. 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)''.

Mr. CHAFEE. Mr. President, today the Senate will consider S. 640, the
Water Resources Development Act of 1996. This measure, similar to water
resources legislation enacted in 1986, 1988, 1990, and 1992, is
comprised of water resources project and study authorizations and
policy modifications for the U.S. Army Corps of Engineers Civil Works
Program.
S. 640 was introduced on March 28, 1995, and was reported by the
Environment and Public Works Committee to the full Senate on November
9, 1995.
Since that time, additional project and policy requests have been
presented to the committee. Some have come from our Senate colleagues--
many have come from the administration.
We have carefully reviewed each such request and include those that
are consistent with the committee's criteria in the manager's amendment
being considered along with S. 640 today. Mr. President, let me take a
few moments here to discuss these criteria--that is--the criteria used
by the committee to judge project authorization requests.
On November 17, 1986, almost 10 years ago, President Reagan enacted
the Water Resources Development Act of 1986. Importantly, the 1986 act
marked an end to the 16-year deadlock between Congress and the
executive branch regarding authorization of the Army Corps Civil Works
program.
In addition to authorizing numerous projects, the 1986 act resolved
longstanding disputes relating to cost-sharing between the Army Corps
and non-Federal sponsors, waterway user fees, environmental
requirements and, importantly, the types of projects in which Federal
involvement is appropriate and warranted.
The criteria used to develop the legislation before us are consistent
with the reforms and procedures established in the landmark Water
Resources Development Act of 1986.
Is a project for flood control, navigation, or some other purpose
cost-shared in a manner consistent with the 1986 act?
Have all of the requisite reports and studies on economic,
engineering and environmental feasibility been completed for a project?
Is a project consistent with the traditional and appropriate mission
of the Army Corps?
Should the Federal Government be involved?
These, Mr. President, are the fundamental questions that we have
applied to each and every project included here for authorization.
As I noted at the outset, water resources legislation has been
enacted on a biennial basis since 1986, with the exception of 1994. As
such, we have a 4-year backlog of projects reviewed by the Army Corps
and submitted to Congress for authorization. Since 1993, the committee
has received more than 250 project and study requests totaling an
estimated $6.5 billion.
This legislation authorizes the Secretary of the Army to construct 32
projects for flood control, port development, inland navigation, storm
damage reduction and environmental restoration. The bill also modifies
39 existing Army Corps projects, authorizes 27 project studies, and
eliminates portions of 15 projects from consideration for future
funding.
Also included are other project-specific and general provisions
related to Army Corps operations. Among them is a provision to
authorize borrowing authority in amounts sufficient to cover the full
costs of modernizing the Washington Aqueduct water treatment facility.
In total, this bill authorizes an estimated Federal cost of $3.3
billion.
Mr. President, S. 640 contains important policy changes. First, we
have included a provision proposed by the administration to clarify the
cost-sharing for dredged material disposal associated with the
operation and maintenance of Federal channels.
Currently, Federal and non-Federal responsibilities for construction
of dredged material disposal facilities vary from project to project,
depending on when the project was authorized, and the method or site
selected for disposal.
For some projects, the costs of providing dredged material disposal
facilities are all Federal. For others, the non-Federal sponsor bears
the entire cost of constructing disposal facilities. This arrangement
is inequitable for numerous ports.
In addition, the failure to identify economically and environmentally
acceptable disposal options has reduced operations and increased cargo
costs in many port cities. Regrettably, this is the case for the Port
of Providence in Rhode Island.
Under this provision, the costs of constructing dredged material
disposal facilities will be shared in accordance with the cost-sharing
formulas established for general navigation features by section 101(a)
of the 1986 Water Resources Development Act. This would apply to all
methods of dredged material disposal including open water, upland and
confined.
We have also expanded section 1135 of the 1986 Act in this bill.
Currently, section 1135 authorizes the Secretary of the Army to review
the structure and operation of existing projects for possible
modifications--at the project itself--which will improve the quality of
the environment. The 1986 act authorizes a $5 million Federal cost-
sharing cap for each such project and a $25 million annual cap for the
entire program.
The provision included in this bill does not increase the existing
dollar limits. Instead, it authorizes the Secretary to implement small
fish and wildlife habitat restoration projects in cooperation with non-
Federal interests in those situations where mitigation is required off
of project lands.
Third, we have included a provision to shift certain dam safety
responsibilities from the Army Corps to the Federal Emergency
Management Agency [FEMA]. This change, proposed by Senator Bond and
supported by the two agencies, authorizes a total of $22 million over 5
years for FEMA to conduct

[[Page S7714]]

dam safety inspections and to provide technical assistance to the
States.
Also included here is a provision which addresses the
administration's proposal to discontinue Army Corps involvement with
shore protection projects. The provision amends existing law to
specifically include beach protection, restoration and renourishment
among shoreline protection activities traditionally performed by the
Army Corps. I plan to work with Senators Mack, Bradley, and others to
build on this provision as S. 640 advances.
Mr. President, this legislation includes Everglades restoration
provisions. On June 11 of this year, the administration submitted its
proposal to restore and protect the Everglades.
While I join Senators Mack, Graham and many others in support of Army
Corps efforts to reverse damage done to this important natural
resource, I was unable to support certain elements of the
administration's proposal.
In particular, I am unable to endorse a blanket authorization for
future projects needed to restore water flows and water quality. It is
not responsible to leap blindly into this important initiative, by
authorizing unlimited funding, without knowing what the overall costs
will be.
Instead, we have provided an expedited process for project
development, consistent with all applicable laws and regulations, that
will preserve the current momentum for restoration. I look forward to
working with the Florida delegation and the administration on this
initiative as the bill advances.
Finally, Mr. President, let me state clearly that a provision
submitted by the administration to modify cost-sharing for the
construction of flood control projects has not been included.
In summary, the administration has proposed that the current cost-
sharing ratio of 75 percent Federal and 25 percent non-Federal be
changed to an even 50-50 cost-share.
This proposal has been made for budgetary reasons. However, we have
not been presented with any estimates on resulting budget savings in
the outyears. We do not know how much money, if any, this proposal
would save in the long run.
Moreover, we do not know what impact this cost-sharing change would
have on the flood control program. While I support the general notion
of increasing non-Federal involvement for these types of projects, I
cannot support this significant change to the 1986 act without knowing
the long-range effects.
Mr. President, this legislation is vitally important for countless
States and communities across the country.
For economic and life-safety reasons, we must maintain our harbors,
ports and inland waterways, our flood control levees and shorelines,
and the environment.
Despite the fact that this package represents a 4-year backlog of
project authorizations, it is consistent with the overall funding
levels authorized in previous water resources measures.
I urge my colleagues to support the bill.
Mr. BAUCUS. Mr. President, the Senate is about to consider the Water
Resources Development Act of 1996. This is an important bill. A great
deal of work has been done to get this legislation to the floor today.
Everyone involved in this process has been diligent in assuring that
only worthy projects are included. Sound criteria have been
consistently applied so that each project has a Federal interest and a
good benefit to cost ratio.
But I have a larger concern about this bill. It is the issue of our
spending priorities. Briefly stated, at a time when we are trying to
cut spending in order to balance the budget, we should not be
authorizing so much new spending on water resource projects.
This legislation authorizes more than $3.3 billion in new Federal
spending. And while investing in our infrastructure, including
navigation, flood control, coastal and storm protection, is important,
it is not the only demand being made on our taxpayers.
We are in the midst of one of the most critical balancing acts in our
Nation's history--balancing the budget. We are facing some very tough
choices. The question facing us is whether modernizing an existing lock
is more important than protecting Medicare, or whether deepening an
existing channel will be of greater benefit to the people of this
country than promoting education programs?
Less than a month ago, the Senate passed a budget resolution that
would cut funding for the Army Corps of engineers by nearly $1 billion
over the next 5 years. Yet this bill adds more than $3 billion in new
spending for the corps.
How can we ever get the budget in balance if we continue to say yes
to projects we do not have the money to build? How will we ever get to
balance if one day we vote to cut spending and the next day we vote to
increase spending?
In my judgment, while the projects in this bill are largely worthy
ones, we simply cannot afford them.

finding a solution to the flooding of the james river in south dakota

Mr. DASCHLE. Mr. President, since 1993 the James River has flooded
nearly 3 million acres of valuable farmland in my State. This flooding
has cost South Dakota producers millions of dollars in lost revenue and
greatly diminished the value of their land by washing away valuable
topsoil.
Clearly, the extreme wet conditions of the last 4 years have
contributed to these floods. However, Mother Nature does not bear sole
responsibility for the flooding. The problem has been exacerbated by
the James River management policy of the U.S. Army Corps of Engineers.
Mr. President, it is unfair and unacceptable to ask producers to
continue to bear economic losses that could be mitigated by a more
reasonable corps river management policy. In recognition of this fact,
I recently introduced legislation that, among other things, would
ensure that South Dakotans are included in the revision process of the
Jamestown dam and Pipestem dam operations manuals. By assuring
consideration of down river interests in South Dakota, this legislation
would provide landowners along the James River with a measure of
security against future high water flows and induce the Federal
Government to assume greater responsibility for the damaging effects of
its river management policies.
Specifically, this legislation would give landowners the opportunity
to sell easements on their land to the U.S. Army Corps of Engineers if
they so desire. Local producers who wish to grant these easements not
only will be reimbursed for the loss of productivity on their flooded
land, but also will retain their haying and grazing rights. Thus, the
land will continue to provide value to farmers in relatively dry years.
Those who do not wish to grant the corps these easements will be under
no obligation to do so.
It was my intention to attach this legislation to the Water Resources
Development Act, which was developed by the Senate Environment and
Public Works Committee. While receptive to this approach, the committee
expressed its desire to allow the corps to examine a range of
solutions, including structural and nonstructural efforts, to reduce
the flooding and/or mitigate the damage suffered by landowners. I
appreciate the desire to examine all options before settling on a final
solution, as long as this evaluation is accomplished in a reasonable
period of time and includes a review of the use of easements.
During committee deliberations, Senator Pressler objected to the
inclusion of language explicitly directing the corps to evaluate the
purchase of easements from willing sellers. While I would have
preferred to include such language in the bill, the compromise
provision directs the corps to examine all options, including the
purchase of easements from willing sellers. It is my expectation and
understanding that the corps will assess the feasibility of allowing
South Dakotans to sell easements, and thus gain some financial relief,
as one means of mitigating the damage caused by the flooding, as part
of its evaluation of structural and nonstructural solutions to the
flooding and its associated damage.
The Water Resources Development Act should set in motion a process
that will lead to the corps providing relief to landowners affected by
the frequent flooding of the James River in South Dakota. This problem
will only be solved through a number of actions, including, I hope,
both allowing the landowners along the river to sell easements to the
corps and changing the

[[Page S7715]]

overall management of the Jamestown and Pipestem dams. I will continue
to urge the corps to take seriously the concerns of South Dakotans as
this process continues.
Mr. WARNER. Mr. President, I wish to discuss a specific provision in
the Water Resources Development Act of 1996 which addresses the
Washington Aqueduct--the public water system for the Metropolitan
Washington area that is owned by the Federal Government and
administered by the Corps of Engineers.
As my colleagues may recall, the conditions at the Washington
Aqueduct gained national attention when the Environmental Protection
Agency issued a boil-water order in December 1993 for the Metropolitan
Washington region. There was significant concern that the water supply
for the Nation's Capital was contaminated. Thankfully, extensive
testing conducted by the EPA and independent authorities concluded
equipment failure followed by human error affected the results of the
water quality testing. While, there was no contamination, it was a loud
wake-up call for the region.
I commend the Environmental Protection Agency for their precautionary
steps and quick response to this situation. This incident brought to
light the significant capital improvements that are needed at the
facility to meet current Federal drinking water standards.
While the Washington Aqueduct provides a local service to the
District of Columbia and northern Virginia jurisdictions, this system
is owned by the Federal Government and it is critical to providing
services to the Congress and other Federal facilities in the region.
Since 1853, all activities relating to the maintenance and operation of
the system have been administered by the U.S. Army Corps of Engineers.
In an effort to accelerate the needed capital improvements to the
system, I authored legislation to grant the Corps of Engineers access
to borrowing from the Treasury to underwrite the cost of these
improvements. This approach did not relieve the local water customers
of any of their existing responsibilities. The customers of the
Washington Aqueduct--the District of Columbia, and the Virginia
jurisdictions of Arlington and Falls Church--would continue to bear all
the costs of these improvements through higher water rates. This
additional revenue would be used to repay the loans from the Treasury
over a reasonable period of time.
Mr. President, that is a description of my earlier proposal to
respond to the situations at the Washington Aqueduct. I regret that in
the 2 years that I have been pursuing this approach the administration
continues to oppose this solution. The administration's proposal is
simply to dispose of this antiquated facility.
I strongly reject that position because it fails to address any of
the legitimate issues at hand. First, I believe the Federal Government
has a responsibility to ensure an uninterrupted, safe supply of
drinking water to the Federal community, including the Congress.
Second, if the corps and the customers decide to explore the potential
for non-Federal ownership, we must devise a workable approach that
enables the capital improvement program to go forward.
Although I have serious reservations about transferring ownership to
a non-Federal entity because of the potential to expose the system to
terrorist actions, I want to move forward with modernizing the system.
This legislation ensures that critically needed capital improvements
are made and sets forth a framework which allows the corps and the
aqueduct customers to reach agreement on the future of the Washington
Aqueduct. Again, at no cost to the Federal Government.
The approach in the Chairman's amendment accomplishes that goal and I
appreciate his support.
Mr. SIMON. Is the chairman aware that the U.S. Army Corps of
Engineers Division Restructuring Plan calls for the closure of the
North Central Division Office, in Chicago, IL? My colleague and I are
particularly concerned that the Great Lakes region is losing skilled
personnel at a time when waterway issues are requiring the increased
attention of the corps.
Ms. MOSELEY-BRAUN. I might add that it simply does not make sense to
have Great Lakes, Lake Michigan, and Upper Mississippi River issues
handled by an office that not only has no institutional knowledge and
expertise in these areas, but also is not even located in the Great
Lakes basin.
Mr. CHAFEE. I have indeed seen a draft of the Army corps
restructuring plan. I believe it is true that the restructuring plan
involves closure of the North Central Division Office.
Mr. SIMON. The chairman is also aware that in response to the
restructuring plan we sought to include language in the Senate version
of the Water Resources Development Act, S. 640, to preclude the closure
of the North Central Division Office.
Mr. CHAFEE. Indeed, you both have been diligent in that regard. I
have been reluctant to include the proposed amendment here because I
believe it is a matter better dealt with on the relevant appropriations
legislation. It is my understanding, however, that there are plans to
include similar language in the House version of the WRDA bill.
Ms. MOSELEY-BRAUN. Should similar language be adopted in the House,
will you commit to giving it your close and careful consideration in
conference?
Mr. CHAFEE. Indeed. I would, however, like to work carefully with the
chairman of the Energy and Water Development Appropriations
Subcommittee, Senator Domenici, as his subcommittee had jurisdiction
over the original language that mandated the restructuring plan.
Mr. SIMON. I sympathize with your concerns over the jurisdictional
issue. It is my understanding, however, that Senator Domenici does not
object to our addressing this problem on the WRDA bill.
Ms. MOSELEY-BRAUN. I am pleased we could work together. My colleague
and I appreciate your assistance on a matter of critical importance to
the State of Illinois.

dam safety amendment to wrda

Mr. BOND. Mr. President, I congratulate the chairman and ranking
member of the Environment and Public Works Committee, Chairman Chafee
and Senator Baucus, and Senator Warner, chairman of the subcommittee of
jurisdiction for their efforts to put together this very difficult
legislation. Flood damage prevention and navigation are of particular
importance to the people of Missouri given our unique reliance on the
inland waterway system. Both the benefits of this system and its
shortfalls have been highlighted by the recent record flood events in
1993 and again this spring. Though substantial progress has been made,
there remains much hard work to be completed.
Of considerable concern to me are the crippling effects the
President's budget is placing on our Nation's effort to protect lives
and property from flooding. Clearly, the President does not consider
the missions of flood control and navigation to be a priority and
through various policy positions and inadequate funding requests, our
inland waterway system, the economic activity that depends on it, and
the people who live near it are at risk. Those of us who represent
regions that rely on flood protection and the competitive international
trade advantages provided by the critical corps navigation programs
must continue to oppose the administration's intention to let them
wither on the vine.
This legislation includes an important Missouri project and many
others. Since 1928, the corps has spent $33 billion for flood control
projects. In that time, $275 billion in damages have been prevented.
This does not account for the massive economic development that flood
protection permits. I would have thought the political leadership of
the administration would be trying to promote these important missions
of safety, economic development, and international competitiveness
instead of trying to undermine the successful mission and efforts of
the Corps of Engineers.
The cheapest way to move a ton of grain in the world is by barge on
the Mississippi River. Senators who are concerned about
competitiveness, promoting trade opportunities, protecting jobs, and
growing the economy recognize the benefits of promoting water resources
on our inland waterway system. Half our Nation's grain is shipped by
barge and this cost advantage contributes to the fact that we are
expecting a record $60 billion in agricultural exports this year with a
$30 billion trade surplus. As I have said before,

[[Page S7716]]

trying to update our water infrastructure to capture the growing Asian
market is not pork as OMB would suggest--``its the economy, stupid.''
On another matter, I am very proud to have included in the managers
package of amendments language I drafted to encourage more effective
approaches to dam safety. As people in Missouri know well, the power of
water and its potential for causing loss of life and property is a
profound reality. The National Inventory of Dams includes roughly
75,000 dams. Over 95 percent of these dams are State regulated. Of
these dams, over 9,000 are considered ``State high hazard'' dams which
means that dam failure may result in significant loss of life or
property. Many of these dams are considered ``unsafe'', or susceptible
to failure due to deficiencies.
Thousands of citizens in every State are dependent on dams for water
supply, flood control, irrigation, and recreation. High safety
standards for these dams can keep them from failing and causing
devastating environmental and property damage, economic hardships, and,
in the worst case, loss of life. My State of Missouri has 3,500 dams on
the inventory of which 650 are high hazard.
Deterioration of the infrastructure is a major concern and problems
increase as dams decay with age. It has been determined that the life
of a dam is 50 years. The majority of dams in this country are quickly
approaching this age and rehabilitation of these structures is a major
concern. In 1994 alone, 273 documented failures occurred across the
Nation. This included 250 during the Georgia flood where lives were
lost and where States reported downstream repair costs of over $50
million. In the 1970's, a dam failure in Idaho cost 11 lives and a West
Virginia dam failure was responsible for killing 125 people.
Recent studies by the Association of State Dam Safety Officials show
that about half the States have shown program improvement progress
while half have either remained constant or regressed in the last 10
years. With the recent economic climate, even those State programs
showing improvement are struggling to keep up with growing
responsibilities.
There is currently no statutory national dam safety program. Two laws
enacted by previous Congresses have since expired. The Federal
Emergency Management Agency coordinates the implementation of
guidelines pursuant to Executive order to implement a program to
encourage coordination among Federal and State dam safety personnel and
activities but a more aggressive partnership is needed.
The legislation reauthorizes several previously enacted provisions
and codifies the interagency working groups who have expertise in
issues of dam safety. The lead agency will be FEMA, whose stated goal
is ``to make mitigation the cornerstone of the Federal multi-hazard
emergency management system.'' This approach promotes a focus on taking
relatively inexpensive preventative approaches that can preclude
expensive and fatal disasters.
The legislation authorizes matching funds of up to $4 million per
year over 5 years as an incentive for States to adopt dam safety
programs. It further authorizes research in dam safety technology to
discover methods to make new dams more reliable; to assess more
reliably the condition of existing dams; and to prolong the reliable
life of existing dams. Also included are funds to train State dam
inspectors. In short, this program is meant to share the considerable
level of Federal expertise and modest dollars to maximize the
effectiveness of States to improve their programs and reduce exposure
to dam failure.
This incentive and partnership-based approach is not a Federal
mandate and does not interfere with the Federal responsibility to
ensure the safety of Federal dams. It does not provide for Federal
inspection of non-Federal dams and does not authorize any funds for
construction and rehabilitation which explicitly and appropriately
remain the responsibility of the States.
This approach has the support of the Federal agencies, the National
Governors Association, the Association of State Dam Safety Officials
who brought these recommendations to the Congress, the National
Association of Civil Engineers, and others.
I am pleased to note that the House Committee on Transportation and
Infrastructure adopted companion language in their markup of WRDA
legislation on June 30.
I thank representatives of the ASDSO and ASCE for working closely and
diligently with my office in pursuit of these commonsense provisions to
improve dam safety. Brad Iarossi with the Maryland Department of
Natural Resources has been of invaluable assistance as this process has
moved forward. Again, I appreciate the assistance of Chairman Chafee,
Chairman Warner and Senator Baucus and their able staff in bringing
this legislation before the Senate.

Lower Fox River Sediment Remediation Project

Mr. KOHL. Mr. President, the chairman of the Senate Environment and
Public Works Committee is well aware of the concerns that Senator
Feingold and I have raised about the concentration of contaminated
sediments in the Lower Fox River of Wisconsin.
As a result of a high concentration of PCB's and other toxic
pollutants in the sediment of the Lower Fox River, the area has been
designated by the International Joint Commission as 1 of 43 toxic
hotspots in the Great Lakes. Most of these 43 hotspot areas are
characterized by contamination which cannot be cleaned up through
existing routine programs. Because the contaminated sediments at these
sites oftentimes disperse throughout the Great Lakes ecosystem, it is
believed that remediation is critical for environmental restoration of
the Great Lakes.
The Fox River is known to be the biggest source of PCB loadings into
Green Bay, a fact which has been documented by the Green Bay mass
balance study conducted by EPA between 1988 and 1992. Further, it is
believed that the Fox River may also be the biggest source of PCB
contamination to Lake Michigan. Specifically, the Green Bay mass
balance study, conducted by EPA, estimated the volume of contaminated
sediment with high concentrations of PCB's to be 7 to 9 million cubic
meters. It is clear that the potential for continued dispersion of the
sediments throughout the Great Lakes ecosystem is great.
To address the problem, a partnership has been formed in Wisconsin
where the Wisconsin Department of Natural Resources, local governments,
POTW's and area businesses are working together to analyze and
characterize the contamination, and to plan for the remediation of the
sites. Given the urgency of the clean up, the group is seeking to
proceed with remediation using a consensus-based process, in order to
avoid any delays that may be associated with litigation.
Mr. FEINGOLD. I concur with the Senator from Wisconsin's
characterization of the urgency of clean up on the Lower Fox River. Not
only is the contamination from the Fox River believed to be the biggest
source of PCB loading to Lake Michigan, but it may easily become the
biggest source of contamination for the entire Great Lakes system. It
is widely understood that a large storm event in the region could
resuspend those contaminated sediments in the Fox River to disperse
pollutants more broadly into the food chain of the Great Lakes.
I would ask the chairman of the Environment Committee if he would
agree that there is an urgent need for clean up at the Fox River site,
and that a consensus-based clean up process should be encouraged?
Mr. CHAFEE. I would say to both Senators from Wisconsin that I share
their concern about the contaminated sediment problems in the Fox
River. I agree that there does appear to be an urgent need for cleanup.
Further, I would agree that a consensus-based process for remediation
should be encouraged, and may lead to a more timely remediation.
Mr. KOHL. Given the urgent need for remediation, Senator Feingold and
I had requested that the Committee authorize the Corps of Engineers to
help in the clean up of the Fox River, thereby becoming a partner in
the effort to remediate the contamination using a consensus-based
process. Specifically, we requested that the Lower Fox River sediment
remediation project be authorized under Section 312(b) of the 1990
Water Resources Development Act (P.L. 101-640), which authorizes funds
for environmental dredging projects within and adjacent to ongoing Army

[[Page S7717]]

Corps navigation projects. The Fox River is currently an authorized
corps project. Long-range Army Corps plans include a continued corps
involvement in the ongoing operation and maintenance of the water
regulation portion of the project. However, the Army Corps does not
maintain the waterway for navigation purposes and has recommended an
end to its role in the navigation portion of the project. The corps is
currently in negotiations with the State of Wisconsin to effect
deauthorization of navigation.
In response to my and Senator Feingold's request to authorize the
Army Corps to clean up the contaminated sediments along the Fox River,
Chairman Chafee and other members of the Committee on Environment and
Public Works expressed strong reservations. I wonder if the chairman
would discuss briefly his concern with our proposal.
Mr. CHAFEE. The Senators from Wisconsin have indeed been diligent
with regard to including a provision in this bill to address the Fox
River matter. However, I am convinced that under these circumstances,
assigning the Army Corps with these responsibilities is inappropriate.
While it is true that existing water resources law authorizes the
Secretary of the Army to remove contaminated sediments in conjunction
with operation and maintenance of ongoing navigation projects, the law
establishes conditions which must first be met. First, section 311 (c)
of the 1990 WRDA requires a joint plan to be developed by the Secretary
of the Army and interested Federal, State, and local officials.
Regrettably, we do not have such a plan for the Lower Fox River.
Second, it is required that the remediation be done, as stated a moment
ago, in connection with ongoing operation and maintenance of a
navigation project. It is my understanding that the corps no longer
performs operation and maintenance activities along the Lower Fox.
Third, the law requires that the method to be used for dredged material
disposal and the specific responsibilities of the Secretary and other
involved parties be provided prior to authorization. The 1990 Water
Resources Development Act also requires that sources of funding for the
work be identified. Again, regrettably, none of these conditions are
met with respect to the Lower Fox.
Without having a clear understanding of the exact responsibilities of
the Secretary, I would also be concerned about potential liability
problems the corps might face once they get involved.
Mr. FEINGOLD. I know that the Senator is aware that a provision was
included in the House version of the water resources bill authorizing
the Lower Fox River sediment remediation project. I would ask for the
Senator's commitment to give that provision strong consideration in
conference, or to work with Senator Kohl and myself to find another
vehicle to address this urgent matter.
Mr. CHAFEE. I will say to the Senators from Wisconsin that I will
give the House Fox River provision my strong consideration in
conference, and will continue to work with them to find the most
appropriate way to address the pressing contamination problems of the
Fox River.
Mr. NICKLES. Mr. President, included in S. 640, the Water Resources
Development Act, is a provision which provides for the reallocation of
a sufficient amount of existing water supply storage space in Broken
Bow Lake to support the Mountain Fork trout fishery on a permanent
basis. The bill also requires releases of water from Broken Bow Lake to
be undertaken at no expense to the State of Oklahoma to mitigate the
loss of fish and wildlife resources in the Mountain Fork River as
recommended by the U.S. Fish and Wildlife Service.
The Oklahoma Department of Wildlife Conservation [ODWC] began
stocking trout in 12 miles of the lower Mountain Fork river in December
1988. I worked on legislation in 1992, Public Law 102-580, section
102(v), which authorized the reallocation of unobligated water supply
storage for the purpose of maintaining the trout fishery. As a result,
it is estimated the trout fishery generates over $1 million annually in
aggregate benefits to the economy of southeastern Oklahoma.
It is the intention of this bill that water releases be made from the
Mountain Fork Dam to mitigate the loss of 26 miles of high-quality
small mouth bass waters destroyed when the Broken Bow Dam was
constructed. A 1960 U.S. Fish and Wildlife mitigation recommendation
for a 100 cubic-feet-per-second instantaneous release from Broken Bow
Dam is being released approximately 8 miles downstream and gauged 12
miles downstream rather than at the dam, as originally recommended.
With slight modification, implementation of the 1960 USFWS mitigation
recommendation would provide releases necessary to maintain the fishery
in its present capacity.
Under a reasonable worst-case scenario, maintaining the Mountain Fork
fishery requires release of approximately 38,454 acre-feet through the
spillway and 41,259 acre-feet released through hydro generation. It is
my understanding that over 90 percent of Broken Bow water storage
capacity is uncontracted. Thus, mitigating the loss of the small mouth
bass fishery through maintenance of the trout fishery does not
adversely affect the water supply needs of local municipalities or
hydro generation.
Finally, it is not the intent of this legislation to interrupt
maintenance of the Mountain Fork trout fishery as it has been
maintained since 1992. The purpose of this legislation is to partially
mitigate the loss of fish and wildlife resources in the Mountain Fork
River as recommended by the U.S. Fish and Wildlife Service Regional
Director in 1960.
The Mountain Fork trout fishery could not be properly maintained
without cooperation between the Oklahoma Department of Wildlife
Conservation, the Army Corps of Engineers, and the Southwestern Power
Administration. I, along with the people of McCurtain County,
appreciate their hard work to maintain this project.
Mr. KOHL. Mr. President, this water resources bill includes many
provisions of great importance. Perhaps none of the provisions is more
important to the State of Wisconsin than the transfer of land in the
Kickapoo River Valley from the Corps of Engineers to the State of
Wisconsin, for the purpose of creating the Kickapoo Valley Reserve.
We in the Senate spend a great deal of time arguing about the
appropriate role of the Federal Government. I know that my colleagues
of all ideological stripes can list specific instances in which Federal
intervention has caused undue pain and suffering to individuals or
communities. Today with this bill, and the Kickapoo Valley, WI,
provision included therein, we have begun the process of rectifying a
wrong that was done the people of Southwestern Wisconsin 3 decades ago.
In the mid 1960s, Congress authorized the Corps of Engineers to build
a flood control dam on the Kickapoo River at LaFarge in Vernon County,
WI. In order to proceed with the project, the Corp of Engineers
condemned 140 farms covering an area of about 8,500 acres. To LaFarge,
a community of only 840 people, the loss of these farms dealt a
significant economic and emotional blow.
With the loss of economic activity, the community eagerly awaited the
completion of the dam, and the creation of a lake that promised to
provide some economic benefits in the form of recreational and tourism
activities. But because of budgetary and environmental concerns, the
project never happened. And the people of LaFarge were left holding the
bag.
But the passage of this bill today represents a milestone in the
cooperative effort of the citizens of the Kickapoo River Valley, the
State of Wisconsin, the Ho Chunk Nation, and local environmental
leaders to turn this bad situation into an outstanding success for the
community, the State, and the Federal taxpayers.
The Kickapoo Valley, WI, provision of this water resources bill would
modify the original LaFarge Dam authorization, returning the federally
condemned property to the State of Wisconsin. Anticipating this action,
the State legislature and Governor Thompson have already acted to
authorize the use of this 8,500 property as a State recreational and
environmental management area. Further, in recognition of the cultural
and religious significance of this area to the Ho Chunk People,
agreement has been reached with the Ho Chunk Nation to transfer

[[Page S7718]]

up to 1,200 acres of that area to the Secretary of Interior in trust
for the Ho Chunk Nation.
While this legislation does not include all of the things that my
colleague from Wisconsin, Senator Feingold, and I have wanted in terms
of funding for infrastructure improvements in the area, it does address
the most crucial aspect of this matter, which is the land transfer.
This measure is long overdue, and it is my sincere pleasure to be able
to return this remarkable piece of property back to local control.

columbia river channel

Mr. HATFIELD. Mr. President, the top marine transportation priority
for my region is the project to deepen the Columbia River deep-draft
channel from 40 to 43 feet. Local sponsors of the project include three
Oregon ports: Astoria, Portland, and St. Helens; and four Washington
ports: Longview, Kalama, Woodland, and Vancouver. The project enjoys
strong support within the Oregon and Washington congressional
delegations.
Port and regional interest is so keen because some of the ships
calling in the Columbia River now exceed the 40-foot draft of the
existing channel. If the channel comes to be viewed in the world
shipping community as too shallow for the larger, more efficient
vessels, our region's reliance on trade and distribution as economic
mainstays will be at risk.
On June 27, Mr. President, the biggest container vessel ever to call
in the Columbia River, the Ever Ultra, took on more than 2,100
containers in Portland. If loaded fully, the Ever Ultra would have
needed a channel nearly 42 feet deep. This class of vessel will operate
out of the river at low-water periods by leaving light loaded, but the
vessel owners clearly view this as a test of the Columbia River port
market. As world trade mushrooms in the years ahead, there will be more
pressure on these vessels, and the channel as well, to operate at full
capacity.
At stake is more than $15 billion in annual trade and more than
46,000 jobs in the region. Obviously, the job impact climbs even higher
when you consider job impacts throughout the region. Exports crossing
the Columbia River docks originate around the country, coming from the
Midwest and northern tier States. Thus, the trade impacts of the
channel reverberate throughout the U.S. economy.
Mr. President, let me cite just one regional example: An estimated
three-quarters of Montana wheat is exported through the Columbia River
system. Montana grain growers acknowledge that bottlenecks in the
Columbia River Channel hamper their efforts to bet their grain to
market. The same is true for States around the west that rely on the
channel as the gateway to the international marketplace. Columbia River
ports handle grain from throughout the Midwest and products from around
the rest of the country.
Restrictions on channel draft mean lost business opportunities. for
grain vessels, a foot of draft equates to 2,000 tons of cargo, valued
at $324,000. For container cargo, that same foot of draft equates to
$2.5 million in cargo value. When vessels leave light loaded or without
taking a full load so that they do not exceed channel depth, that is
the value of cargo left behind for each foot of draft sacrifices.
Mr. President, my colleague from Oregon, Senator Wyden, and I have
worked diligently with the committee on moving this project ahead.
Included in this year's water resources bill is language directing the
corps to move ahead with technical improvements on turns in the lower
Columbia River. But I want to put the Senate on notice that more needs
to be done on this project. I have discussed the importance of the
Columbia River Channel deepening with the chairman of the Environment
and Public Works Committee as he assures me the committee is well
versed in the importance of this navigation improvement project.
Mr. CHAFEE. Mr. President, I rise to join with the Senator from
Oregon in expressing my understanding of the vital importance of the
Columbia River Channel deepening project. I have also expressed to my
colleague my willingness to help keep review of the project moving
ahead as swiftly as possible in the years ahead. I will do all that I
can to urge the Corps of Engineers to complete its feasibility study on
schedule so that Congress can address the merits of this project
without any delay. I have given that commitment to my colleagues from
Oregon and I am happy to repeat it during this debate today.
Mr. HATFIELD. I thank the distinguished chairman of the committee.
This project has been one of the top priorities in my recent years in
the Senate. This past year, the Columbia River was the largest volume
export port on the west coast and its significance means the impacts
are felt well beyond my State and region. I appreciate having the
chairman of the authorizing committee recognize this importance and
commit to timely consideration of the Columbia River Channel
improvement project in the future.

Water Resources Development Act and the La Farge Dam

Mr. FEINGOLD. Mr. President, I want to express my strong support for
the inclusion of language deauthorizing the La Farge Dam and Lake
project in the 1996 Water Resources Development Act Reauthorization
[WRDA] and extend my thanks to the Senator from Rhode Island [Mr.
Chafee], the Senator from Montana [Mr. Baucus], and the Senator from
Virginia [Mr. Warner] for their assistance in incorporating these
provisions. I want to recognize the efforts of all the individuals who
have worked so hard over the last year on this legislation, including
State Senator Brian Rude, Ho Chunk Nation President Chloris Lowe, State
Representative DuWayne Johnsrud, Ron Johnson, the chair of the Kickapoo
Valley Governing Board, Lou Kowalski, formerly of the St. Paul District
Corps of Engineers, and Alan Anderson of the University of Wisconsin
Extension. Finally, I want to extend my gratitude for the commitment
and perseverance of the Wisconsin delegation. As a delegation, my
colleagues from Wisconsin in the other body--Representatives Gunderson
and Petri--the senior Senator from Wisconsin [Mr. Kohl], and I
introduced identical legislation on the 1st day of the 104th Congress
in our respective bodies--S. 40 and H.R. 50--to address this unfinished
business the Federal Government began in our State in 1962. We
supported legislation to address this issue in the 103d Congress--S.
2186 and H.R. 4575. The House of Representatives included H.R. 4575 in
the WRDA bill that passed on October 3, 1995. Senate action on this
measure was not completed in the closing days of the 103d Congress.
In this Congress, the Senate Environment and Public Works Committee
included the land transfer portion of my bill as part of the WRDA bill
it introduced on March 28, 1995. That bill was favorably reported by
the committee on August 2, 1995.
Today marks a major step toward ending the conflict and controversy
created by the proposed construction, and later abandonment, of the La
Farge Dam project. More than 30 years ago, the U.S. Army Corps of
Engineers planned to build a dam across the Kickapoo River, near the
village of La Farge, located in the southwestern portion of the State.
In fact, Mr. President, I believe there is scarcely a person over 30
years of age in my State that has not heard about the La Farge Dam. The
dam was supposed to provide flood control in an often flooded valley.
Local residents were assured of the economic benefits in tourism
dollars that the planned lake and other authorized improvements would
bring to the area.
Federal legislation authorizing the La Farge Dam passed in 1962, and
construction began in 1971. The Federal Government condemned the
property and displaced 144 families. However, the project was never
completed. Construction ended in 1975 following a dispute over the
project's environmental impact statement. Mr. President, the La Farge
area is ecologically sensitive and is a truly beautiful area of my
State, filled with unique natural features such as: Sandstone cliffs,
hearty forest lands, and scenic valleys. It is also home to many rare
plants and several State threatened and endangered animals.

When construction stopped, the proposed dam was only 61 percent
complete. The area, already struggling economically prior to the dam's
development, was devastated. By 1990, it was estimated that annual
losses resulting from the cessation of family farm operations and the
unrealized tourism benefits that had been promised with the

[[Page S7719]]

dam totaled more 300 jobs and $8 million for the local economy per
year. In fact, the only remaining legacy of the dam project is a
fragmented landscape. It is dotted with scattered remains of former
farm homes, and a 103-foot-tall concrete shell of the dam, with the
Kickapoo River flowing unimpeded through a 1,000-foot-gap.
When the 144 families were forced to leave their homes in the 1960's,
many left the region entirely. Those who stayed in the area lost
income, and the land they once owned was removed from the local tax
base. Businesses, which once relied on these customers, suffered, and
the school system lost property tax funding along with approximately
one-third of its students. Today, the median income of the La Farge
area is only slightly above half of the State average, and the
heartfelt bitterness toward what was widely considered an irresponsible
Federal boondoggle will only begin to be tempered now that plans for
Federal deauthorization are in progress with the passage of this
measure.
For the past 5 years, under the sponsorship of Governor Thompson,
members of the local community, the Army Corps of Engineers, University
of Wisconsin-Extension, Wisconsin Department of Natural Resources,
Wisconsin Department of Transportation, Wisconsin State Historical
Society, the Governor's office, State legislators, Wisconsin
environmental groups, members of the congressional delegation, and,
most recently, the Ho Chunk Nation have collaborated to develop a plan
to reclaim the dam area and manage it under a combination of State and
local control.
The Wisconsin State Legislature passed legislation in 1994 to
establish the Kickapoo Valley Reserve. State law now provides that the
deauthorized land will be managed under the auspices of the newly
created Kickapoo Valley Governing Board. This entity is prepared to
accept ownership on behalf of the State of Wisconsin upon Federal
deauthorization of the land.
The Governing Board is required to preserve and enhance the unique
environmental, scenic, and cultural features of the Kickapoo Valley, to
provide facilities for the use and enjoyment of visitors to the area,
and to promote the area as a destination for vacationing and
recreation.

Strong environmental protection provisions are included in the State
law, including limits on development and an outright ban on any mining
activities. The State has also made a financial commitment to support
both the administration of the governing board and the reserve at a
cost of more than $300 thousand per year. In addition, the State will
pay local property taxes and aid to local school districts.
At the time of the August 1995 WRDA markup, representatives of the Ho
Chunk Nation, a Wisconsin Native American tribe, contacted the Bureau
of Indian Affairs and my office raising concerns about the proposed
transfer. The area which is now the La Farge Dam property at one time
belonged to the Nation under two treaties with the Federal Government
in 1825 and 1827. In a later treaty of 1837, the tribe was required to
cede this property to the United States. Because these lands had been
the Nation's, both at the time of and prior to its treaties with the
Federal Government, there are nearly 400 tribal archeological sites in
this area. These include 150 prehistoric campsites, 18 prehistoric
villages, rock shelters, petroglyphs, and burial mounds. In
deauthorizing the dam project, and opening the property to public use,
the Nation wanted to be certain that sites they believe to be
culturally and religiously significant within this area were protected
from desecration or other improper use.
Upon learning of the tribe's concerns, my office began a dialog with
all the parties to determine how to transfer the property and insure
that the tribal archeological sites were protected.
The result is truly landmark legislation. When this project is
deauthorized, a portion of the more than 8,500 acre property now owned
by the corps--some 1,200 acres--will be transferred to the Ho Chunk
Nation. The remainder will be given to the State of Wisconsin. The
parties will be required to sign a memorandum of understanding [MOU] to
jointly operate the area as the Kickapoo Valley Reserve, a public
outdoor recreational and educational area. This site in Wisconsin,
which was untouched by the glaciers and contains this wealth of
archeological sites, will create a ecologically and historically
significant State reserve. In addition to its ecological significance,
the reserve is also unique in a number of other ways. It will be the
first time in our State's history and, according to the Congressional
Research Service, nationally that a tribe and State will work together
to pursue natural resource objectives for a particular piece of
property in this fashion. Moreover, the day to day management of the
reserve will be conducted by a governing board made up of local
residents, not administered by the State Department of Natural
Resources--a first in Wisconsin.
I was disappointed that we were unable to reach agreement under this
legislation to include authorizations for improvement projects at this
site, which were included both in the original La Farge Dam project as
proposed by the corps and in my bill. These improvements include:
Reconstruction of the three roads; construction of an education and
interpretative complex that includes buildings, parking areas,
recreational trails, and canoe facilities; remediation of old
underground storage tanks and wells on the abandoned farms; and a
complete inventory of the archeological sites as required by the
National Historic Preservation Act.
These projects provide hope for the area and fulfillment of Federal
promises made long ago. It is my understanding that the House has
included authorizations for some of these improvements in the markup of
their water resources bill and it is my hope that these improvements
can be considered in the conference. We in the Wisconsin delegation are
all concerned about the fiscal implications of WRDA projects. I believe
that these improvement projects are a financial win for both Wisconsin
and the Federal Government. The Army Corps of Engineers estimates that
if the La Farge Dam were to be completed today, the total cost would be
$102 million.
In conclusion, this effort should truly be dedicated to the people of
the Kickapoo Valley. It is their hopeful vision of renewal of this
area, and their tenacity that should be recognized today. This
legislation marks the starting point of the work that is to come, which
I know they will pursue with grace and fortitude.
Mr. BRADLEY. Mr. President, today's passage by the Senate of S. 640,
the Water Resources Development Act [WRDA], represents a continuing
Federal commitment to the water resources of our country. Passage of
this important measure is a direct result of the leadership and
diligent efforts of my colleagues Senator John Chafee and Senator Max
Baucus and I would like to thank them for all their hard work. Their
efforts have resulted in an excellent bill that has not only my whole-
hearted support, but the solid backing of this body. This strong
support is unsurprising. This bill has much to recommend it. Our
waterways and ports, which funnel billions of dollars of products
throughout the Nation and generate hundreds of thousands of jobs across
the country, will be better served by this bill. For those Americans
who live in areas of the country that are prone to flooding, this bill
provides for flood-control projects that protect their homes and the
billions of dollars that their property represents. I know that my
colleagues understand the important navigation and flood control
projects provided for in this measure, but I would like to take a
moment to call their attention to another significant provision in this
bill.
S. 640 includes important language that provides for a continuing
Federal role in protecting a valuable national resource--our Nation's
coastline. This language states clearly that the Federal Government has
an obligation to provide the necessary support for projects that
promote the protection, restoration, and enhancement of sandy beaches
and shorelines in cooperation with States and localities. Mr.
President, before I detail the significance of this language, I would
again like to acknowledge and thank Senator Chafee and Senator Baucus
for working with me on this issue as they readied WRDA for
consideration by the full Senate. Their thoughtful consideration and
leadership has been instrumental in achieving constructive progress on
this

[[Page S7720]]

issue and I look forward to continuing to work with them as the bill
moves forward.
To understand the significance of the inclusion of this shore
protection language in this bill, it is necessary to understand the
history that has led to today's congressional action on this subject.
As many of my colleagues know, in 1995, the administration proposed an
end to the Federal role in shore protection projects. Citing budgetary
concerns, the administration proposal called for Federal involvement in
projects that were of ``national significance'' only. This short-
sighted policy ignores the fact that beach, shore, and coastal
resources are critical to our economy and quality of life, but that
they are fragile and must be protected, conserved, and restored.
As a coastal State senator, who walks the beaches of the Jersey shore
every year, I know first hand the economic and recreational benefits
that are derived from healthy beaches. This is why on May 23, 1996, I
joined with my colleague and co-chair of the Senate Coastal Coalition,
Senator Connie Mack of Florida, to introduce S. 1811, the Shore
Protection Act of 1996. This bill would provide for a Federal role in
shore protection projects, including those projects involving the
placement of sand, for which the economic and ecological benefits to
the locality, region or Nation exceed the costs.

I am pleased that Senator Chafee and Senator Baucus have agreed to
include elements of the Shore Protection Act of 1996 in the Water
Resources Development Act, which is the vehicle that authorizes the
Federal involvement in civil works projects like shore protection. The
history of Federal involvement in water resource projects dates back
almost 200 years and includes a long history of involvement in shore
protection projects. The role of the Federal Government in beach
restoration projects was reaffirmed as recently as 1986 with passage of
WRDA '86, the largest and most comprehensive authorization of the Corps
Civil Works Program since the 1940's. The passage of WRDA '86 included
cost-sharing requirements that made States a partner in the funding of
these programs. For the past decade, the protection of our Nation's
shoreline has continued to be a partnership between the Federal
Government and the States. Despite the Clinton administration's new
policy of eliminating Federal participation in beach restoration
projects, the Environment and Public Works Committee continues to
authorize new projects and the Energy and Water Appropriations
Subcommittee continues to appropriate funds for these projects.
However, these measures address shore protection projects on an ad hoc,
rather than comprehensive and coordinated, basis.
The language included in WRDA from the Shore Protection Act of 1996
challenges the administration's new policy and reaffirms a Federal role
in shore protection. The language included states that one of the goals
of WRDA is 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, and localities, and private enterprises.'' This puts the Senate
on record as rejecting the Administration's policy and more clearly
defines the Army Corps' mandate to undertake shore protection projects,
specifically those projects which include the placement of sand. This
mandate is further clarified by the adoption in WRDA of new definitions
from the Shore Protection Act of 1996 that redefines ``shore,'' to
include ``sandy beaches'' and expands ``shoreline protection project''
to include ``a project for beach renourishment, including the placement
of sand.'' The inclusion of this language would mandate a continuing
Federal role in shore protection projects by changing the mission of
the Corps from one of general authority to do beach projects to a
specific mandate to undertake the protection, restoration and
enhancement of beaches in cooperation with States and local
communities.
I am pleased that this language was included in WRDA, and look
forward to continuing discussions on the other important provisions in
the Shore Protection Act that were not included in this measure at this
time. These provisions include the requirement that new criteria be
used in conducting the cost-benefit analysis of a proposed project.
Currently, when undertaking cost-benefit analysis to determine the
suitability of proposed projects, the corps is only required to
consider the property values of property directly adjacent to the
beach. The corps can take into account revenues generated through
recreation, but is not required to do so, nor can the recreational
values be weighed as anything other than an incidental benefit. The
Shore Protection Act requires that the benefits to the local, regional
and national economy and the local, regional and national ecology be
considered. This comprehensive evaluation will demonstrate that shore
protection projects are of national significance.

The Shoreline Protection Act also requires that the corps report
annually to Congress on beach project priorities. The corps will be
required to submit information--reports--to Congress on projects that,
when evaluated with the bill's new cost-benefit criteria, are found to
merit Federal involvement. In current law, this authority is
discretionary and has been suspended by the administration.
Additionally, the act encourages the corps to work with State and
local authorities to develop regional plans for preservation,
restoration and enhancement of shorelines and coastal resources.
Further the corps is encouraged to work with other agencies to
coordinate with other projects that may have a complimentary effect on
shoreline protection projects.
A network of healthy and nourished beaches is essential to our
economy, competitiveness in world tourism and the safety of our coastal
communities. I know that many of my colleagues have heard the numbers
before but they bear repeating. More than 28 million people work in
businesses related to costal tourism, and healthy beaches contributed
to a $26 billion tourism trade surplus last year. Protection of the
Nation's shoreline must be a continued Federal priority and I
appreciate Senator Chafee's leadership on this issue. By authorizing
new shore protection projects in this year's WRDA and by associating
himself with the provisions of the Shore Protection Act that call for a
continued Federal role in shore protection, he has distinguished
himself in the effort to preserve one of our Nation's most unique and
valuable resources. I want to associate myself with Senator Chafee's
remarks that state that he ``plans to work closely with Senators Mack,
Bradley, and others to build on this provision as S. 640 advances.'' I
look forward to continuing this dialog as the bill continues to
progress.

Technology To Decontaminate Sediments

Mr. LEVIN. Mr. President, I wish to engage the distinguished chairman
of the Senate Committee on Environment and Public Works in a brief
colloquy regarding S. 640, the Water Resources Development Act of 1996.
As the chairman may know, I have been very involved in efforts to
clean up contaminated sediments in the Great Lakes. I have long
supported the program for the assessment and remediation of
contaminated sediments. The Water Resources Development Act of 1990
authorized very modest funding for the Secretary of the Army to provide
technical planning and engineering assistance to States and local
governments to develop contaminated sediment remediation plans. This
has been a joint Army Corps of Engineers--Environmental Protection
Agency effort to develop more cost-effective technologies for cleaning
up sediments in freshwater. This coordinated effort is very similar to
the one in New York/New Jersey Harbor authorized in section 405 of the
Water Resources Development Act of 1992, which is extended and expanded
in the bill before us, except that that program primarily addresses
saltwater areas.
The Great Lakes region faces a multibillion dollar problem in
cleaning up and preventing the deposition of more contaminated
sediments. This overwhelming task will require cooperation and
financial support from all levels of government and sectors of society.
The long-term environmental and economic health of the region depend on
our ability to address this difficult problem.
Recently, I have communicated to the chairman and the Environment

[[Page S7721]]

Committee about my strong interest in pursuing the Superfund as one
possible option for cleaning up the areas of concern around the Great
Lakes. Unfortunately, for a variety of reasons, including the lack of
cost-effective technology, Superfund has not adequately considered the
risks from or attempted to address most of these aquatic sites.
Superfund would be an appropriate funding source since the majority of
these areas are contaminated with many of the very persistent
substances and chlorinated hydrocarbons that plague our ecosystem and
are produced from the feedstocks that are taxed to fill the Superfund.
As a result of research and planning efforts at the Army Corps and
EPA, we have now identified promising technologies and it is time to
put them into practice. That is why I am seeking the Senator from Rhode
Island's firm commitment to accept, or recede to in conference, the
House provision outlined in section 509 of H.R. 3592 or something
similar.
Mr. CHAFEE. I appreciate the interest of the the Senator from
Michigan. I am pleased to tell him that the provision appears to be
reasonable and consistent with the navigation mission of the Army
Corps. As such, I can assure the Senator from Michigan that I will look
favorably upon the provision he refers to and will make sure all of the
Senate conferees are aware of his interest in this matter.
Mr. LEVIN. I thank the chairman for his assurances and look foward to
working with him further on preventing and remediating contaminated
sediments in the Great Lakes and in other areas of the country. I would
also like to note for my colleagues that they will likely be surprised
at the pervasiveness of contaminated sediments in our coastal waters,
which will be revealed if and when EPA finally releases its very tardy
national assessment of aquatic sediment quality. This was due to have
been released in October 1994, pursuant to the Water Resources
Development Act of 1992, section 503.
Mr. SARBANES. I would like to engage the distinguished chairman of
the Committee on Environment and Public Works in a colloquy regarding
the funding levels authorized in the bill for the Chesapeake & Delaware
Canal. At the very outset, I want to commend the chairman for his
leadership in crafting this legislation which is of vital importance to
our Nation's water resources infrastructure.
I am particularly grateful for the committee's favorable
consideration of the Poplar Island restoration project and the
improvements to the Tolchester Channel and the C&D Canal made possible
by this legislation. I note, however, that the project costs for the
C&D Canal improvements are unfortunately inaccurate. I would stress
that this happened through no fault of the committee staff. The Corps
of Engineers draft feasibility study for the project released in
January 1996, estimates the total cost of the project at $83,900,000
rather than the $33 million shown in the bill. Of this revised amount,
$54,204,000 is Federal and $29,696,000 is non-Federal responsibility.
I ask the chairman whether it would be possible to have these numbers
corrected in the conference committee.
Ms. MIKULSKI. Mr. President, I would only add two points. First, that
the project is one of considerable importance to the Port of Baltimore
and to the efficient passage of ships up and down the east coast.
Second, that the correct figures are those developed by the Corps of
Engineers and represent the current estimates for the project in
accordance with the cost-sharing provisions of the Water Resource
Development Act of 1986. I would also request the chairman's assistance
in resolving this matter.
Mr. CHAFEE. I thank Senators Sarbanes and Mikulski for their kind
remarks and express my agreement that we should utilize the correct
numbers for this and all other projects. As such, I will look favorably
upon the necessary modification to this project authorization during
conference with the House of Representatives.
Mr. SARBANES. Mr. President, I rise in strong support of S. 640, the
Water Resources Development Act of 1995, and the committee amendment,
which provide for the development and improvement of our Nation's water
resources infrastructure. This legislation authorizes water resource
projects of vital importance to our Nation's and our States' economy
and maritime industry as well as our environment.
I am particularly pleased that the measure includes a number of
provisions for which I have fought to ensure the future health of the
Port of Baltimore and of the Chesapeake Bay.
First, the bill authorizes the Poplar Island beneficial use of
dredged material project. This project would take clean dredged
materials from the shipping channels leading to the Port of Baltimore
and use it to stabilize the shoreline, create habitat, and restore
wetlands of one of the Chesapeake Bay's most valuable island
ecosystems. Providing adequate and environmentally compatible dredged
material disposal capacity for the millions of cubic years of materials
which must be dredged from Baltimore's shipping channels, harbors, and
anchorages are perhaps the biggest challenge facing our State. This is
a creative solution that will not only help alleviate Maryland's
shortage of dredge disposal capacity, but provide substantial
environmental benefits for the Chesapeake Bay, creating new habitat for
waterfowl and other wildlife and reducing the sediment and nutrient
problems of the bay. The Poplar Island project would be the first large
scale project to beneficially use dredged material and would serve as a
national model demonstrating that clean dredged material can be a
resource rather than a waste. It has been a top priority of mine, of
the State of Maryland, and of the Chesapeake Bay community for many
years and I am delighted that this legislation will enable us to move
forward with this important project.
Second, the legislation directs the U.S. Army Corps of Engineers to
expedite its study of the Tolchester Channel S-turn and, if feasible
and necessary for safe and efficient navigation, to straighten the
channel as part of project maintenance. The Tolchester Channel, a
Chesapeake and Delaware Canal approach channel, is a vital link in the
Baltimore Port system. The channel has a significant S-turn which
requires ships to change course 5 times within 3 miles. With vessels
nearly 1,000 feet in length, it is difficult to safely navigate the
channel, particularly in poor weather conditions. The Maryland Pilots
Association has indicated that two groundings and a greater number of
near misses have occurred in the area. This legislation provides a
mechanism for the Corps of Engineers to expedite safety-related
improvements to the channel.
Third, the bill authorizes navigation and safety improvements to the
Chesapeake and Delaware Canal and approach channels. The Chesapeake and
Delaware Canal is a strategic and cost-effective shortcut from the Port
of Baltimore to the North Atlantic, saving up to 12 hours of sailing
time for many of the world's largest vessels. Nearly one half of all
breakbulk and container tonnage moving through the Port of Baltimore
utilizes the canal. Unfortunately current dimensions of the canal and
connecting channels present serious constraints for modern container
ships--many of which exceed 900 feet in length--seeking to use this
shortcut. In January, after an extensive 6-year study, the Philadelphia
District of the U.S. Army Corps of Engineers, completed a draft
feasibility report and environmental impact statement which recommends
deepening the existing channel from 35 feet to 40 feet. The project
also includes enlarging the Reedy Point flare, bend widening at Sandy
Point, and construction of an emergency anchorage at Howell Point.
Subject to a final favorable feasibility report, expected in September
of this year, the corps would be able to undertake these improvements
and make transit of the canal safer and more efficient, while allowing
larger ships to access the port.

The Port of Baltimore is one of the great ports of the world and one
of Maryland's most important economic assets. The port generates $2
billion in annual economic activity, provides for an estimated 87,000
jobs, and over $500 million a year in State and local tax revenues and
customs receipts. These three projects will help assure the continued
vitality of the Port of Baltimore into the 21st century.
In addition to port development and improvement projects, the measure
contains three amendments which will

[[Page S7722]]

help significantly to enhance Maryland's and the Chesapeake Bay
region's environment.
It incorporates provisions of S. 934, the Chesapeake Bay
Environmental Restoration and Protection Program, legislation I
introduced together with Senators Warner, Robb, and Mikulski to expand
the authority of the U.S. Army Corps of Engineers to assist in the
environmental restoration of the Chesapeake Bay. The bill authorizes a
$10 million pilot program for the corps to design and construct water-
related projects in the Chesapeake Bay including projects for sediment
and erosion control, wetland creation, fish passage barrier removal,
wastewater treatment and related facilities, and other related
projects. As the lead Federal agency in water resource management, the
corps has a vital role to play in the restoration of the bay and these
provisions would greatly enhance the ability of the corps to actively
participate in this important endeavor.
It also authorizes $18.8 million in funding for environmental
restoration of the Anacostia River. The Anacostia River is one of the
most degraded rivers in the Chesapeake Bay watershed and in the Nation.
In July 1994 the Army Corps of Engineers completed a feasibility study
which recommended 13 restoration actions, include 2 wetland restoration
projects, 6 stormwater management/wetland projects, and 5 stream
restoration projects. In total, these actions will restore 80 acres of
wetlands, 5 miles of stream and 33 acres of bottom land habitat within
the Anacostia basin. This legislation would enable the Corps of
Engineers to undertake these projects and help restore the river and
regain what has been lost through years of neglect.
Finally, the legislation authorizes the Secretary to transfer up to
$600,000 to the State of Maryland for use by the State in constructing
an access road to Jennings Randolph Lake. The fiscal 1994 energy and
water appropriations bill contained a provision directing the corps to
pave the access road on the Maryland side of the Jennings Randolph Lake
utilizing the operations and maintenance budget. The Army has indicated
that due to varying standards for Federal versus State road
construction and the design and planning activity already undertaken by
Maryland, the total cost of the road would be significantly lower if
built by the State. This provision would enable the corps to transfer
to the State of Maryland the funds necessary to complete the final
portion of the access road which traverses corps property.
I want to compliment the distinguished chairmen of the committee and
the subcommittee, Senators Chafee and Warner, and the ranking member,
Senator Baucus, for their leadership in crafting this legislation and I
urge my colleagues to join me in supporting this measure.

Amendment No. 4445

(Purpose: To improve the bill)

Mr. STEVENS. Mr. President, I understand there is a manager's
amendment to the committee amendment at the desk offered by Senator
Chafee. I ask for its immediate consideration.
The PRESIDING OFFICER. The clerk will report.
The bill clerk read as follows:

The Senator from Alaska [Mr. Stevens] for Mr. Chafee
proposes amendment numbered 4445.

(The text of the amendment is printed in today's Record under
``Amendments Submitted.'')
Mr. STEVENS. Mr. President, I ask unanimous consent that the
amendment be agreed to and the committee amendment, as amended, be
agreed to.
The amendment (No. 4445) was agreed to.
The committee amendment, as amended, was agreed to.
Mr. STEVENS. Mr. President, I ask unanimous consent the bill be
deemed read for the third time and passed and the motion to reconsider
be laid on the table and any statements relating to the bill be placed
at the appropriate place in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The bill (S. 640) was deemed read the third time and passed, as
follows:

S. 640

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.

[[Page S7723]]

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.

[[Page S7724]]

(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

[[Page S7725]]

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

[[Page S7726]]

(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

[[Page S7727]]

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

[[Page S7728]]

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

[[Page S7729]]

(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.

SEC. 203. MORGAN POINT, ARKANSAS.

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.

[[Page S7730]]

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.

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

[[Page S7731]]

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.

SEC. 212. SARDIS LAKE, MISSISSIPPI.

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.

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.

(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.

[[Page S7732]]

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.

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.

(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.

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.

SEC. 302. COLLABORATIVE RESEARCH AND DEVELOPMENT.

[[Page S7733]]

``(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.

[[Page S7734]]

``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.--

[[Page S7735]]

``(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.

[[Page S7736]]

(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.

SEC. 307. TERMINATION OF TECHNICAL ADVISORY COMMITTEE.

SEC. 308. CONDITIONS FOR PROJECT DEAUTHORIZATIONS.

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.

SEC. 311. INTERAGENCY AND INTERNATIONAL SUPPORT AUTHORITY.

SEC. 312. SECTION 1135 PROGRAM.

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.

SEC. 315. OBSTRUCTION REMOVAL REQUIREMENT.

[[Page S7737]]

SEC. 316. LEVEE OWNERS MANUAL.

``(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.

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.

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.

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.

SEC. 326. QUONSET POINT-DAVISVILLE, RHODE ISLAND.

SEC. 327. CLOUTER CREEK DISPOSAL AREA, CHARLESTON, SOUTH
CAROLINA.

[[Page S7738]]

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,

[[Page S7739]]

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.

SEC. 332. RECREATIONAL USER FEES.

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.

``SEC. 5. NATIONAL SHORELINE EROSION CONTROL DEVELOPMENT AND
DEMONSTRATION PROGRAM.

[[Page S7740]]

``(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-

[[Page S7741]]

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

[[Page S7742]]

(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.

Several Senators addressed the Chair.
The PRESIDING OFFICER. The Senator from Alaska.
Mr. STEVENS. May I address the Senator from Nevada? Does the Senator
from Nevada seek the floor for any particular purpose on this bill?
Mr. REID. To speak on the amendment.
Mr. STEVENS. Is the Senator willing to have a time agreement on that
statement?
Mr. REID. No.
Mr. STEVENS. Mr. President, the amendment that is pending before the
Senate in this bill, the 1997 appropriations bill, is that we establish
a separate transfer account for contingency operations. Moving into
this account are the funds budgeted for the contingency operations from
services' operations and maintenance accounts. In addition, the
subcommittee added funding for emergency requirements identified by the
Department of Defense. This amendment would transfer an additional
$4,200,000 from the Army's operation and maintenance account, and seek
$66 million from the defensewide operation and maintenance accounts.
The funds were identified by the department as needed in support of
contingency operations, but were not identified for previous transfer.
Mr. President, I ask unanimous consent there be a time limit on this
amendment of 30 minutes with time equally divided.
Mr. REID. I object.
The PRESIDING OFFICER. Objection is heard.
Mr. STEVENS. Mr. President, it is apparent that the Senators from
Nevada are trying to hold up the Department of Defense, the people who
are in the field serving this country, and to delay the consideration
of this bill, as I said, which is a critical bill, with Members wanting
to go back to their States because of this hurricane.
The rules of the Senate are the rules of the Senate, and there is not
much this Senator can do about it. If the Senator from Nevada is going
to persist to put us through the same gyrations we went through
yesterday, I might say to my friend--he is my good friend--I am
appalled at this, and I really am at a loss to consider what to do
about it. Under the circumstances, it would be my intention to confer
with the leadership to see what they would like to do.
Mr. President, might I say for the information of the Senate, it was
my intention, and that of the Senator from Hawaii, to proceed now to a
series of amendments that have been cleared by all concerned, have been
reviewed by Members on both sides and are prepared to be added to this
bill. I do think that the problem is, how do we get this bill to a vote
today. And I am still proceeding to try and find out how to do that.
Mr. President, let me outline these amendments that I am trying to
get considered. Let me point out to the Senate we have an amendment by
Senator Bingaman which would reduce the amount for the Pentagon
renovation fund by $100 million. We have cleared that. We have an
amendment by Senator Chafee for the Defense Technical Transfer Pilot
Program that has been cleared. Senators Kempthorne and Craig have an
amendment related to the Army's mobile munition assessment system that
has been cleared, Senator Lieberman's amendment adjusting funding
levels for the Corps SAM and Other Theater Missile Defense/Follow-On
TMD Activities Program. Those have been cleared.

[[Page S7743]]

I have an amendment to make available $11.5 million for B-52 bomber
modifications. I have an amendment regarding the CAMP Program and an
amendment to provide moneys for P-3 aircraft personnel offset by a
reduction in defense health and also provides additional money for B-52
squadron personnel. We have a series of other amendments that we are in
the process of clearing. I tell the Senate that there are some 20 other
amendments ready to go to be debated now. We have an additional series
here that I believe will be cleared, and the amendment that is pending
has been cleared. I hope we will be able to proceed with those. It does
seem to me however, it is just an exercise in futility to have a
filibuster on a defense bill. I intend to do what I can to thwart that.

Mr. President, in my judgment, this bill is the key to our being able
to complete action on appropriations bills and get the whole subject
cleared by the end of the fiscal year. My good friend and our chairman,
Senator Hatfield, is retiring this year. I want to do my best to assure
that the key bills that we have, all the appropriations bills, are sent
to conference before the August recess.
In my judgment, if we have to give up the August recess to do that,
we should do it. If we are going to have filibusters on every bill,
then so be it. We will have to break them. It seems this is an
unfortunate circumstance.
Let me describe, for instance, this B-52 modification amendment. It
provides $11.5 million within the account that is already outlined in
the bill to modify the B-52 aircraft. These are required to maintain
the combat effectiveness of the aircraft, should they be called upon
once again to fly combat missions. They are going to be offset by a
decrease in funds available to the F-15 fighter in the same account. I
think we can do that because we can still proceed with the F-15. There
has been a delay in the projected contract award, and the fighter data
link program will remain fully funded for 1997, according to the
maximum amount that can be spent. We believe we should provide these
moneys. There is an initiative by the Senators from North Dakota to
assure the current floor structure be preserved, and we are trying to
prevent attrition of these aircraft. That is one of the amendments I
have, and I am seeking to get approval today at this time.
We are also going to add $4.9 million to the Navy's personnel account
and $4.4 million to the Air Force personnel account to allow the Navy
to maintain an end-strength support of the P-3 squadron, and the Air
Force to maintain the personnel necessary to carry out the B-52 mission
as outlined by the Senators from North Dakota.
We are trying to cooperate as much as possible with many people on
the other side of the aisle. I might say, all of these pending
amendments are to make sure that amendments to the authorization bill
by Members of the minority would be fully funded.
Our leader is here, and I want to yield to the leader, Mr. President.
The PRESIDING OFFICER. The majority leader is recognized.

____________________