[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;

     in order to determine the Federal interest in flood control, 
     environmental restoration, conservation of fish and wildlife, 
     recreation, water conservation, water quality, and toxic and 
     radioactive waste.
       (n) Buffalo Harbor, New York.--The Secretary shall 
     determine the feasibility of excavating the inner harbor and 
     constructing the associated bulkheads in Buffalo Harbor, New 
     York.
       (o) Coeymans, New York.--The Secretary shall conduct a 
     reconnaissance study to determine the Federal interest in 
     reopening the secondary channel of the Hudson River in the 
     town of Coeymans, New York, which has been narrowed by silt 
     as a result of the construction of Coeymans middle dike by 
     the Army Corps of Engineers.
       (p) 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.
       (q) 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.
       (r) 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.
       (s) Oahe Dam to Lake Sharpe, South Dakota.--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; and
       (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.
       (t) Ashley Creek, Utah.--The Secretary is authorized to 
     study the feasibility of undertaking a project for fish and 
     wildlife restoration at Ashley Creek, near Vernal, Utah.
                  TITLE II--PROJECT-RELATED PROVISIONS

     SEC. 201. 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.

       (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

[[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.

       (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.

[[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.

       (a) In General.--The Secretary shall enter into an 
     agreement with the city of Heber Springs, Arkansas, to 
     provide 3,522 acre-feet of water supply storage in Greers 
     Ferry Lake, Arkansas, for municipal and industrial purposes, 
     at no cost to the city.
       (b) Necessary Facilities.--The city of Heber Springs shall 
     be responsible for 100 percent of the costs of construction, 
     operation, and maintenance of any intake, transmission, 
     treatment, or distribution facility necessary for utilization 
     of the water supply.
       (c) Additional Water Supply Storage.--Any additional water 
     supply storage required after the date of enactment of this 
     Act shall be contracted for and reimbursed by the city of 
     Heber Springs, Arkansas.

     SEC. 203. MORGAN POINT, ARKANSAS.

       The Secretary shall accept as in-kind contributions for the 
     project at Morgan Point, Arkansas--
       (1) the items described as fish and wildlife facilities and 
     land in the Morgan Point Broadway Closure Structure 
     modification report for the project, dated February 1994; and
       (2) fish stocking activities carried out by the non-Federal 
     interests for the project.

     SEC. 204. WHITE RIVER BASIN LAKES, ARKANSAS AND MISSOURI.

       The project for flood control and power generation at White 
     River Basin Lakes, Arkansas and Missouri, authorized by 
     section 4 of the Act entitled ``An Act authorizing the 
     construction of certain public works on rivers and harbors 
     for flood control, and for other purposes'', approved June 
     28, 1938 (52 Stat. 1218), shall include recreation and fish 
     and wildlife mitigation as purposes of the project, to the 
     extent that the purposes do not adversely impact flood 
     control, power generation, or other authorized purposes of 
     the project.

     SEC. 205. CENTRAL AND SOUTHERN FLORIDA.

       The project for Central and Southern Florida, authorized by 
     section 203 of the Flood Control Act of 1968 (Public Law 90-
     483; 82 Stat. 740), is modified, subject to the availability 
     of appropriations, to authorize the Secretary to implement 
     the recommended plan of improvement contained in a report 
     entitled ``Central and Southern Florida Project, Final 
     Integrated General Reevaluation Report and Environmental 
     Impact Statement, Canal 111 (C-111), South Dade County, 
     Florida'', dated May 1994 (including acquisition of such 
     portions of the Frog Pond and Rocky Glades areas as are 
     needed for the project), at a total cost of $156,000,000. The 
     Federal share of the cost of implementing the plan of 
     improvement shall be 50 percent. The Secretary of the 
     Interior shall pay 25

[[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.

       The project for flood protection of West Palm Beach, 
     Florida (C-51), authorized by section 203 of the Flood 
     Control Act of 1962 (Public Law 87-874; 76 Stat. 1183), is 
     modified to provide for the construction of an enlarged 
     stormwater detention area, Storm Water Treatment Area 1 East, 
     generally in accordance with the plan of improvements 
     described in the February 15, 1994, report entitled 
     ``Everglades Protection Project, Palm Beach County, Florida, 
     Conceptual Design'', prepared by Burns and McDonnell, and as 
     further described in detailed design documents to be approved 
     by the Secretary. The additional work authorized by this 
     section shall be accomplished at full Federal cost in 
     recognition of the water supply benefits accruing to the 
     Loxahatchee National Wildlife Refuge and the Everglades 
     National Park and in recognition of the statement in support 
     of the Everglades restoration effort set forth in the 
     document signed by the Secretary of the Interior and the 
     Secretary in July 1993. Operation and maintenance of the 
     stormwater detention area shall be consistent with 
     regulations prescribed by the Secretary for the Central and 
     Southern Florida project, with all costs of the operation and 
     maintenance work borne by non-Federal interests.

     SEC. 207. EVERGLADES AND SOUTH FLORIDA ECOSYSTEM RESTORATION.

       (a) Definitions.--In this section:
       (1) Develop.--The term ``develop'' means any 
     preconstruction or land acquisition planning activity.
       (2) South florida ecosystem.--The term ``South Florida 
     ecosystem'' means the Florida Everglades restoration area 
     that includes lands and waters within the boundary of the 
     South Florida Water Management District, the Florida Keys, 
     and the near-shore coastal waters of South Florida.
       (3) Task force.--The term ``Task Force'' means the South 
     Florida Ecosystem Restoration Task Force established by 
     subsection (c).
       (b) South Florida Ecosystem Restoration.--
       (1) Modifications to central and southern florida 
     project.--
       (A) Development.--The Secretary shall, if necessary, 
     develop modifications to the project for Central and Southern 
     Florida, authorized by section 203 of the Flood Control Act 
     of 1948 (62 Stat. 1176), to restore, preserve, and protect 
     the South Florida ecosystem and to provide for the water-
     related needs of the region.
       (B) Conceptual plan.--
       (i) In general.--The modifications under subparagraph (A) 
     shall be set forth in a conceptual plan prepared in 
     accordance with clause (ii) and adopted by the Task Force 
     (referred to in this section as the ``conceptual plan'').
       (ii) Basis for conceptual plan.--The conceptual plan shall 
     be based on the recommendations specified in the draft report 
     entitled ``Conceptual Plan for the Central and Southern 
     Florida Project Restudy'', published by the Governor's 
     Commission for a Sustainable South Florida and dated June 4, 
     1996.
       (C) Integration of other activities.--Restoration, 
     preservation, and protection of the South Florida ecosystem 
     shall include a comprehensive science-based approach that 
     integrates ongoing Federal and State efforts, including--
       (i) the project for the ecosystem restoration of the 
     Kissimmee River, Florida, authorized by section 101 of the 
     Water Resources Development Act of 1992 (Public Law 102-580; 
     106 Stat. 4802);
       (ii) the project for flood protection, West Palm Beach 
     Canal, Florida (canal C-51), authorized by section 203 of the 
     Flood Control Act of 1962 (Public Law 87-874; 76 Stat. 1183), 
     as modified by section 205 of this Act;
       (iii) the project for modifications to improve water 
     deliveries into Everglades National Park authorized by 
     section 104 of the Everglades National Park Protection and 
     Expansion Act of 1989 (16 U.S.C. 410r-8);
       (iv) the project for Central and Southern Florida 
     authorized by section 203 of the Flood Control Act of 1968 
     (Public Law 90-483; 82 Stat. 740), as modified by section 204 
     of this Act;
       (v) activities under the Florida Keys National Marine 
     Sanctuary and Protection Act (Public Law 101-65; 16 U.S.C. 
     1433 note); and
       (vi) the Everglades construction project implemented by the 
     State of Florida under the Everglades Forever Act of the 
     State of Florida.
       (2) Improvement of water management for ecosystem 
     restoration.--The improvement of water management, including 
     improvement of water quality for ecosystem restoration, 
     preservation, and protection, shall be an authorized purpose 
     of the Central and Southern Florida project referred to in 
     paragraph (1)(A). Project features necessary to improve water 
     management, including features necessary to provide water to 
     restore, protect, and preserve the South Florida ecosystem, 
     shall be included in any modifications to be developed for 
     the project under paragraph (1).
       (3) Support projects.--The Secretary may develop support 
     projects and other facilities necessary to promote an 
     adaptive management approach to implement the modifications 
     authorized to be developed by paragraphs (1) and (2).
       (4) Interim implementation reports.--
       (A) In general.--Before the Secretary implements a 
     component of the conceptual plan, including a support project 
     or other facility under paragraph (3), the Jacksonville 
     District Engineer shall submit an interim implementation 
     report to the Task Force for review.
       (B) Contents.--Each interim implementation report shall 
     document the costs, benefits, impacts, technical feasibility, 
     and cost-effectiveness of the component and, as appropriate, 
     shall include documentation of environmental effects prepared 
     under the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.).
       (C) Endorsement by task force.--
       (i) In general.--If the Task Force endorses the interim 
     implementation report of the Jacksonville District Engineer 
     for a component, the Secretary shall submit the report to 
     Congress.
       (ii) Coordination requirements.--Endorsement by the Task 
     Force shall be deemed to fulfill the coordination 
     requirements under the first section of the Act entitled ``An 
     Act authorizing the construction of certain public works on 
     rivers and harbors for flood control, and for other 
     purposes'', approved December 22, 1944 (33 U.S.C. 701-1).
       (5) Authorization.--
       (A) In general.--The Secretary shall not initiate 
     construction of a component until such time as a law is 
     enacted authorizing construction of the component.
       (B) Design.--The Secretary may continue to carry out 
     detailed design of a component after the date of submission 
     to Congress of the interim implementation report recommending 
     the component.
       (6) Cost sharing.--
       (A) In general.--Except as provided in subparagraph (B), 
     the Federal share of the costs of preparing interim 
     implementation reports under paragraph (4) and implementing 
     the modifications (including the support projects and other 
     facilities) authorized to be developed by this subsection 
     shall be 50 percent.
       (B) Water quality features.--
       (i) In general.--Subject to clause (ii), the non-Federal 
     share of the cost of project features necessary to improve 
     water quality under paragraph (2) shall be 100 percent.
       (ii) Critical features.--If the Task Force determines, by 
     resolution accompanying endorsement of an interim 
     implementation report under paragraph (4), that the project 
     features described in clause (i) are critical to ecosystem 
     restoration, the Federal share of the cost of the features 
     shall be 50 percent.
       (C) Reimbursement.--The Secretary shall reimburse the non-
     Federal interests for the Federal share of any reasonable 
     costs that the non-Federal interests incur in acquiring land 
     for any component authorized by law under paragraph (5) if 
     the land acquisition has been endorsed by the Task Force and 
     supported by the Secretary.
       (c) South Florida Ecosystem Restoration Task Force.--
       (1) Establishment and membership.--There is established the 
     South Florida Ecosystem Restoration Task Force, which shall 
     consist of the following members (or, in the case of the head 
     of a Federal agency, a designee at the level of assistant 
     secretary or an equivalent level):
       (A) The Secretary of the Interior, who shall serve as 
     chairperson of the Task Force.
       (B) The Secretary of Commerce.
       (C) The Secretary.
       (D) The Attorney General.
       (E) The Administrator of the Environmental Protection 
     Agency.
       (F) The Secretary of Agriculture.
       (G) The Secretary of Transportation.
       (H) 1 representative of the Miccosukee Tribe of Indians of 
     Florida, to be appointed by the Secretary of the Interior 
     from recommendations submitted by the tribal chairman.
       (I) 1 representative of the Seminole Tribe of Indians of 
     Florida, to be appointed by the Secretary of the Interior 
     from recommendations submitted by the tribal chairman.
       (J) 3 representatives of the State of Florida, to be 
     appointed by the Secretary of the Interior from 
     recommendations submitted by the Governor of the State of 
     Florida.
       (K) 2 representatives of the South Florida Water Management 
     District, to be appointed by the Secretary of the Interior 
     from recommendations submitted by the Governor of the State 
     of Florida.
       (L) 2 representatives of local governments in the South 
     Florida ecosystem, to be appointed by the Secretary of the 
     Interior from recommendations submitted by the Governor of 
     the State of Florida.
       (2) Duties.--
       (A) In general.--The Task Force shall--
       (i)(I) coordinate the development of consistent policies, 
     strategies, plans, programs, and priorities for addressing 
     the restoration, protection, and preservation of the South 
     Florida ecosystem; and
       (II) develop a strategy and priorities for implementing the 
     components of the conceptual plan;
       (ii) review programs, projects, and activities of agencies 
     and entities represented on

[[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.

       The Greenville Inner Harbor Channel, Mississippi, is deemed 
     to be a portion of the navigable waters of the United States, 
     and shall be included among the navigable waters for which 
     the Army Corps of Engineers maintains a 10-foot navigable 
     channel. The navigable channel for the Greenville Inner 
     Harbor Channel shall be maintained in a manner that is 
     consistent with the navigable channel to the Greenville 
     Harbor and the portion of the Mississippi River adjacent to 
     the Greenville Harbor that is maintained by the Army Corps of 
     Engineers, as in existence on the date of enactment of this 
     Act.

     SEC. 212. SARDIS LAKE, MISSISSIPPI.

       The Secretary shall work cooperatively with the State of 
     Mississippi and the city of Sardis to the maximum extent 
     practicable in the management of existing and proposed leases 
     of land consistent with the master tourism and recreational 
     plan for the economic development of the Sardis Lake area 
     prepared by the city.

     SEC. 213. YALOBUSHA RIVER WATERSHED, MISSISSIPPI.

       The project for flood control at Grenada Lake, Mississippi, 
     shall be extended to include the Yalobusha River Watershed 
     (including the Toposhaw Creek), at a total cost of not to 
     exceed $3,800,000. The Federal share of the cost of flood 
     control on the extended project shall be 75 percent.

     SEC. 214. LIBBY DAM, MONTANA.

       (a) In General.--In accordance with section 103(c)(1) of 
     the Water Resources Development Act of 1986 (33 U.S.C. 
     2213(c)(1)), the Secretary shall--
       (1) complete the construction and installation of 
     generating units 6 through 8 at Libby Dam, Montana; and
       (2) remove the partially constructed haul bridge over the 
     Kootenai River, Montana.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section $16,000,000, to 
     remain available until expended.

     SEC. 215. SMALL FLOOD CONTROL PROJECT, MALTA, MONTANA.

       Not later than 1 year after the date of enactment of this 
     Act, the Secretary is authorized to expend such Federal funds 
     as are necessary to complete the small flood control project 
     begun at Malta, Montana, pursuant to section 205 of the Flood 
     Control Act of 1948 (33 U.S.C. 701s).

     SEC. 216. CLIFFWOOD BEACH, NEW JERSEY.

       (a) In General.--Notwithstanding any other provision of law 
     or the status of the project authorized by section 203 of the 
     Flood Control Act of 1962 (Public Law 87-874; 76 Stat. 1180) 
     for hurricane-flood protection and beach erosion control on 
     Raritan Bay and Sandy Hook Bay, New Jersey, the Secretary 
     shall undertake a project to provide periodic beach 
     nourishment for Cliffwood Beach, New Jersey, for a 50-year 
     period beginning on the date of execution of a project 
     cooperation agreement by the Secretary and an appropriate 
     non-Federal interest.
       (b) Non-Federal Share.--The non-Federal share of the cost 
     of the project authorized by this section shall be 35 
     percent.

     SEC. 217. FIRE ISLAND INLET, NEW YORK.

       For the purpose of replenishing the beach, the Secretary 
     shall place sand dredged from the Fire Island Inlet on the 
     shoreline between Gilgo State Park and Tobay Beach to protect 
     Ocean Parkway along the Atlantic Ocean shoreline in Suffolk 
     County, New York.

     SEC. 218. QUEENS COUNTY, NEW YORK.

       (a) Description of Nonnavigable Area.--Subject to 
     subsections (b) and (c), the area of Long Island City, Queens 
     County, New York, that--
       (1) is not submerged;
       (2) lies between the southerly high water line (as of the 
     date of enactment of this Act) of Anable Basin (also known as 
     the ``11th Street Basin'') and the northerly high water line 
     (as of the date of enactment of this Act) of Newtown Creek; 
     and
       (3) extends from the high water line (as of the date of 
     enactment of this Act) of the East River to the original high 
     water line of the East River;

     is declared to be nonnavigable waters of the United States.
       (b) Requirement That Area Be Improved.--
       (1) In general.--The declaration of nonnavigability under 
     subsection (a) shall apply only to those portions of the area 
     described in subsection (a) that are, or will be, bulkheaded, 
     filled, or otherwise occupied by permanent structures or 
     other permanent physical improvements (including parkland).
       (2) Applicability of federal law.--Improvements described 
     in paragraph (1) shall be subject to applicable Federal laws, 
     including--
       (A) sections 9 and 10 of the Act entitled ``An Act making 
     appropriations for the construction, repair, and preservation 
     of certain public works on rivers and harbors, and for other 
     purposes'', approved March 3, 1899 (33 U.S.C. 401 and 403);
       (B) section 404 of the Federal Water Pollution Control Act 
     (33 U.S.C. 1344); and
       (C) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.).
       (c) Expiration Date.--The declaration of nonnavigability 
     under subsection (a) shall expire with respect to a portion 
     of the area described in subsection (a), if the portion--
       (1) is not bulkheaded, filled, or otherwise occupied by a 
     permanent structure or other permanent physical improvement 
     (including parkland) in accordance with subsection (b) by the 
     date that is 20 years after the date of enactment of this 
     Act; or
       (2) requires an improvement described in subsection (b)(2) 
     that is subject to a permit under an applicable Federal law, 
     and the improvement is not commenced by the date that is 5 
     years after the date of issuance of the permit.

     SEC. 219. BUFORD TRENTON IRRIGATION DISTRICT, NORTH DAKOTA 
                   AND MONTANA.

       (a) Acquisition of Easements.--
       (1) In general.--The Secretary shall acquire, from willing 
     sellers, permanent flowage and saturation easements over--
       (A) the land in Williams County, North Dakota, extending 
     from the riverward margin of the Buford Trenton Irrigation 
     District main canal to the north bank of the Missouri

[[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.

       The Secretary shall maintain a minimum conservation pool 
     level of 478 feet at the Wister Lake project in LeFlore 
     County, Oklahoma, authorized by section 4 of the Act entitled 
     ``An Act authorizing the construction of certain public works 
     on rivers and harbors for flood control, and for other 
     purposes'', approved June 28, 1938 (52 Stat. 1218). 
     Notwithstanding title I of the Water Resources Development 
     Act of 1986 (33 U.S.C. 2211 et seq.) or any other provision 
     of law, any increase in water supply yield that results from 
     the pool level of 478 feet shall be treated as unallocated 
     water supply until such time as a user enters into a contract 
     for the supply under such applicable laws concerning cost-
     sharing as are in effect on the date of the contract.

     SEC. 222. WILLAMETTE RIVER, MCKENZIE SUBBASIN, OREGON.

       The Secretary is authorized to carry out a project to 
     control the water temperature in the Willamette River, 
     McKenzie Subbasin, Oregon, to mitigate the negative impacts 
     on fish and wildlife resulting from the operation of the Blue 
     River and Cougar Lake projects, McKenzie River Basin, Oregon. 
     The cost of the facilities shall be repaid according to the 
     allocations among the purposes of the original projects.

     SEC. 223. ABANDONED AND WRECKED BARGE REMOVAL, RHODE ISLAND.

       Section 361 of the Water Resources Development Act of 1992 
     (Public Law 102-580; 106 Stat. 4861) is amended by striking 
     subsection (a) and inserting the following:
       ``(a) In General.--In order to alleviate a hazard to 
     navigation and recreational activity, the Secretary shall 
     remove a sunken barge from waters off the shore of the 
     Narragansett Town Beach in Narragansett, Rhode Island, at a 
     total cost of $1,900,000, with an estimated Federal cost of 
     $1,425,000, and an estimated non-Federal cost of $475,000. 
     The Secretary shall not remove the barge until title to the 
     barge has been transferred to the United States or the non-
     Federal interest. The transfer of title shall be carried out 
     at no cost to the United States.''.

     SEC. 224. PROVIDENCE RIVER AND HARBOR, RHODE ISLAND.

       The Secretary shall incorporate a channel extending from 
     the vicinity of the Fox Point hurricane barrier to the 
     vicinity of the Francis Street bridge in Providence, Rhode 
     Island, into the navigation project for Providence River and 
     Harbor, Rhode Island, authorized by section 301 of the River 
     and Harbor Act of 1965 (Public Law 89-298; 79 Stat. 1089). 
     The channel shall have a depth of up to 10 feet and a width 
     of approximately 120 feet and shall be approximately 1.25 
     miles in length.

     SEC. 225. COOPER LAKE AND CHANNELS, TEXAS.

       (a) Acceptance of Lands.--The Secretary is authorized to 
     accept from a non-Federal interest additional lands of not to 
     exceed 300 acres that--
       (1) are contiguous to the Cooper Lake and Channels Project, 
     Texas, authorized by section 301 of the River and Harbor Act 
     of 1965 (Public Law 89-298; 79 Stat. 1091) and section 601(a) 
     of the Water Resources Development Act of 1986 (Public Law 
     99-662; 100 Stat. 4145); and
       (2) provide habitat value at least equal to the habitat 
     value provided by the lands authorized to be redesignated 
     under subsection (b).
       (b) Redesignation of Lands to Recreation Purposes.--Upon 
     the acceptance of lands under subsection (a), the Secretary 
     is authorized to redesignate mitigation lands of not to 
     exceed 300 acres to recreation purposes.
       (c) Funding.--The cost of all work under this section, 
     including real estate appraisals, cultural and environmental 
     surveys, and all development necessary to avoid net 
     mitigation losses, to the extent required, shall be borne by 
     the non-Federal interest.

     SEC. 226. RUDEE INLET, VIRGINIA BEACH, VIRGINIA.

       Notwithstanding the limitation set forth in section 107(b) 
     of the River and Harbor Act of 1960 (33 U.S.C. 577(b)), 
     Federal participation in the maintenance of the Rudee Inlet, 
     Virginia Beach, Virginia, project shall continue for the life 
     of the project. Nothing in this section shall alter or modify 
     the non-Federal cost sharing responsibility as specified in 
     the Rudee Inlet, Virginia Beach, Virginia Detailed Project 
     Report, dated October 1983.

     SEC. 227. VIRGINIA BEACH, VIRGINIA.

       (a) Adjustment of Non-Federal Share.--Notwithstanding any 
     other provision of law, the non-Federal share of the costs of 
     the project for beach erosion control and hurricane 
     protection, Virginia Beach, Virginia, authorized by section 
     501(a) of the Water Resources Development Act of 1986 (Public 
     Law 99-662; 100 Stat. 4136), shall be reduced by $3,120,803, 
     or by such amount as is determined by an audit carried out by 
     the Department of the Army to be due to the city of Virginia 
     Beach as reimbursement for beach nourishment activities 
     carried out by the city between October 1, 1986, and 
     September 30, 1993, if the Federal Government has not 
     reimbursed the city for the activities prior to the date on 
     which a project cooperation agreement is executed for the 
     project.
       (b) Extension of Federal Participation.--
       (1) In general.--In accordance with section 156 of the 
     Water Resources Development Act of 1976 (42 U.S.C. 1962d-5f), 
     the Secretary shall extend Federal participation in the 
     periodic nourishment of Virginia Beach as authorized by 
     section 101 of the River and Harbor Act of 1954 (68 Stat. 
     1254) and modified by section 101 of the River and Harbor Act 
     of 1962 (Public Law 87-874; 76 Stat. 1177).
       (2) Duration.--Federal participation under paragraph (1) 
     shall extend until the earlier of--
       (A) the end of the 50-year period provided for in section 
     156 of the Water Resources Development Act of 1976 (42 U.S.C. 
     1962d-5f); and
       (B) the completion of the project for beach erosion control 
     and hurricane protection, Virginia Beach, Virginia, as 
     modified by section 102(cc) of the Water Resources 
     Development Act of 1992 (Public Law 102-580; 106 Stat. 4810).
                     TITLE III--GENERAL PROVISIONS

     SEC. 301. COST-SHARING FOR ENVIRONMENTAL PROJECTS.

       Section 103(c) of the Water Resources Development Act of 
     1986 (33 U.S.C. 2213(c)) is amended--
       (1) in paragraph (5), by striking ``and'' at the end;
       (2) in paragraph (6), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(7) environmental protection and restoration: 25 
     percent.''.

     SEC. 302. COLLABORATIVE RESEARCH AND DEVELOPMENT.

       Section 7 of the Water Resources Development Act of 1988 
     (33 U.S.C. 2313) is amended--
       (1) by striking subsection (e);
       (2) by redesignating subsection (d) as subsection (e); and
       (3) by inserting after subsection (c) the following:
       ``(d) Temporary Protection of Technology.--
       ``(1) Pre-agreement.--If the Secretary determines that 
     information developed as a result of a research or 
     development activity conducted by the Army Corps of Engineers 
     is likely to be subject to a cooperative research and 
     development agreement within 2 years after the development of 
     the information, and that the information would be a trade 
     secret or commercial or financial information that would be 
     privileged or confidential if the information had been 
     obtained from a non-Federal party participating in a 
     cooperative research and development agreement under section 
     12 of the Stevenson-Wydler Technology Innovation Act of 1980 
     (15 U.S.C. 3710a), the Secretary may provide appropriate 
     protections against the dissemination of the information, 
     including exemption from subchapter II of chapter 5 of title 
     5, United States Code, until the earlier of--
       ``(A) the date on which the Secretary enters into such an 
     agreement with respect to the information; or

[[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.

       (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.

[[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.

       After the date of enactment of this Act, any proposal 
     submitted to Congress by the Secretary for modification of an 
     existing authorized water resources development project (in 
     existence on the date of the proposal) by removal of one or 
     more of the project features that would significantly and 
     adversely impact the authorized project purposes or outputs 
     shall include the recommendation that the non-Federal 
     interests shall provide 50 percent of the cost of any such 
     modification, including the cost of acquiring any additional 
     interests in lands that become necessary for accomplishing 
     the modification.

     SEC. 307. TERMINATION OF TECHNICAL ADVISORY COMMITTEE.

       Section 310 of the Water Resources Development Act of 1990 
     (33 U.S.C. 2319) is amended--
       (1) by striking subsection (a); and
       (2) in subsection (b)--
       (A) by striking ``(b) Public Participation.--''; and
       (B) by striking ``subsection'' each place it appears and 
     inserting ``section''.

     SEC. 308. CONDITIONS FOR PROJECT DEAUTHORIZATIONS.

       (a) In General.--Section 1001(b)(2) of the Water Resources 
     Development Act of 1986 (33 U.S.C. 579a(b)(2)) is amended--
       (1) in the first sentence, by striking ``10'' and inserting 
     ``5'';
       (2) in the second sentence, by striking ``Before'' and 
     inserting ``Upon official''; and
       (3) in the last sentence, by inserting ``the planning, 
     design, or'' before ``construction''.
       (b) Conforming Amendments.--Section 52 of the Water 
     Resources Development Act of 1988 (Public Law 100-676; 102 
     Stat. 4044) is amended--
       (1) by striking subsection (a) (33 U.S.C. 579a note);
       (2) by redesignating subsections (b) through (e) as 
     subsections (a) through (d), respectively; and
       (3) in subsection (d) (as so redesignated), by striking 
     ``or subsection (a) of this section''.

     SEC. 309. PARTICIPATION IN INTERNATIONAL ENGINEERING AND 
                   SCIENTIFIC CONFERENCES.

       Section 211 of the Flood Control Act of 1950 (33 U.S.C. 
     701u) is repealed.

     SEC. 310. RESEARCH AND DEVELOPMENT IN SUPPORT OF ARMY CIVIL 
                   WORKS PROGRAM.

       (a) In General.--In carrying out research and development 
     in support of the civil works program of the Department of 
     the Army, the Secretary may utilize contracts, cooperative 
     research and development agreements, and cooperative 
     agreements with, and grants to, non-Federal entities, 
     including State and local governments, colleges and 
     universities, consortia, professional and technical 
     societies, public and private scientific and technical 
     foundations, research institutions, educational 
     organizations, and nonprofit organizations.
       (b) Commercial Application.--In the case of a contract for 
     research or development, or both, the Secretary may--
       (1) require that the research or development, or both, have 
     potential commercial application; and
       (2) use the potential for commercial application as an 
     evaluation factor, if appropriate.

     SEC. 311. INTERAGENCY AND INTERNATIONAL SUPPORT AUTHORITY.

       (a) In General.--The Secretary may engage in activities in 
     support of other Federal agencies or international 
     organizations to address problems of national significance to 
     the United States. The Secretary may engage in activities in 
     support of international organizations only after consulting 
     with the Secretary of State. The Secretary may use the 
     technical and managerial expertise of the Army Corps of 
     Engineers to address domestic and international problems 
     related to water resources, infrastructure development, and 
     environmental protection.
       (b) Funding.--There are authorized to be appropriated 
     $1,000,000 to carry out this section. The Secretary may 
     accept and expend additional funds from other Federal 
     agencies or international organizations to carry this 
     section.

     SEC. 312. SECTION 1135 PROGRAM.

       (a) Expansion of Program.--Section 1135 of the Water 
     Resources Development Act of 1986 (33 U.S.C. 2309a) is 
     amended--
       (1) in subsection (a), by inserting before the period at 
     the end the following: ``and to determine if the operation of 
     the projects has contributed to the degradation of the 
     quality of the environment'';
       (2) in subsection (b), by striking the last two sentences;
       (3) by redesignating subsections (c), (d), and (e) as 
     subsections (e), (f), and (g), respectively; and
       (4) by inserting after subsection (b) the following:
       ``(c) Measures To Restore Environmental Quality.--If the 
     Secretary determines under subsection (a) that operation of a 
     water resources project has contributed to the degradation of 
     the quality of the environment, the Secretary may carry out, 
     with respect to the project, measures for the restoration of 
     environmental quality, if the measures are feasible and 
     consistent with the authorized purposes of the project.
       ``(d) Funding.--The non-Federal share of the cost of any 
     modification or measure carried out pursuant to subsection 
     (b) or (c) shall be 25 percent. Not more than $5,000,000 in 
     Federal funds may be expended on any 1 such modification or 
     measure.''.
       (b) Pine Flat Dam Fish and Wildlife Habitat Restoration, 
     California.--In accordance with section 1135(b) of the Water 
     Resources Development Act of 1986 (33 U.S.C. 2309a(b)), the 
     Secretary shall carry out the construction of a turbine 
     bypass at Pine Flat Dam, Kings River, California.
       (c) Lower Amazon Creek Restoration, Oregon.--In accordance 
     with section 1135 of the Water Resources Development Act of 
     1986 (33 U.S.C. 2309a), the Secretary may carry out justified 
     environmental restoration measures with respect to the flood 
     reduction measures constructed by the Army Corps of 
     Engineers, and the related flood reduction measures 
     constructed by the Natural Resources Conservation Service, in 
     the Amazon Creek drainage. The Federal share of the 
     restoration measures shall be jointly funded by the Army 
     Corps of Engineers and the Natural Resources Conservation 
     Service in proportion to the share required to be paid by 
     each agency of the original costs of the flood reduction 
     measures.

     SEC. 313. ENVIRONMENTAL DREDGING.

       Section 312 of the Water Resources Development Act of 1990 
     (Public Law 101-640; 33 U.S.C. 1252 note) is amended by 
     striking subsection (f).

     SEC. 314. FEASIBILITY STUDIES.

       (a) Non-Federal Share.--Section 105(a)(1) of the Water 
     Resources Development Act of 1986 (33 U.S.C. 2215(a)(1)) is 
     amended--
       (1) in the first sentence, by striking ``during the period 
     of such study'';
       (2) by inserting after the first sentence the following: 
     ``During the period of the study, the non-Federal share of 
     the cost of the study shall be not more than 50 percent of 
     the estimate of the cost of the study as contained in the 
     feasibility cost sharing agreement. The cost estimate may be 
     amended only by mutual agreement of the Secretary and the 
     non-Federal interests. The non-Federal share of any costs in 
     excess of the cost estimate shall, except as otherwise 
     mutually agreed by the Secretary and the non-Federal 
     interests, be payable after the project has been authorized 
     for construction and on the date on which the Secretary and 
     non-Federal interests enter into an agreement pursuant to 
     section 101(e) or 103(j).''; and
       (3) in the last sentence, by striking ``such non-Federal 
     contribution'' and inserting ``the non-Federal share required 
     under this paragraph''.
       (b) Applicability.--The amendments made by subsection (a) 
     shall apply notwithstanding any feasibility cost sharing 
     agreement entered into by the Secretary and non-Federal 
     interests, and the Secretary shall amend any feasibility cost 
     sharing agreements in effect on the date of enactment of this 
     Act so as to conform the agreements with the amendments. 
     Nothing in this section or any amendment made by this section 
     shall require the Secretary to reimburse the non-Federal 
     interests for funds previously contributed for a study.

     SEC. 315. OBSTRUCTION REMOVAL REQUIREMENT.

       (a) Penalty.--Section 16 of the Act entitled ``An Act 
     making appropriations for the construction, repair, and 
     preservation of certain public works on rivers and harbors, 
     and for other purposes'', approved March 3, 1899 (33 U.S.C. 
     411), is amended--
       (1) by striking ``sections thirteen, fourteen, and 
     fifteen'' and inserting ``section 13, 14, 15, 19, or 20''; 
     and
       (2) by striking ``not exceeding twenty-five hundred dollars 
     nor less than five hundred dollars'' and inserting ``of not 
     more than $25,000 for each day that the violation 
     continues''.
       (b) General Authority.--Section 20 of the Act (33 U.S.C. 
     415) is amended--
       (1) in subsection (a)--
       (A) by striking ``Under emergency'' and inserting ``Summary 
     Removal Procedures.--Under emergency''; and
       (B) by striking ``expense'' the first place it appears and 
     inserting ``actual expense, including administrative 
     expenses,'';
       (2) in subsection (b)--
       (A) by striking ``cost'' and inserting ``actual cost, 
     including administrative costs,''; and
       (B) by striking ``(b) The'' and inserting ``(c) Liability 
     of Owner, Lessee, or Operator.--The''; and
       (3) by inserting after subsection (a) the following:
       ``(b) Removal Requirement.--Not later than 24 hours after 
     the Secretary of the Department in which the Coast Guard is 
     operating issues an order to stop or delay navigation in any 
     navigable waters of the United States because of conditions 
     related to the sinking or grounding of a vessel, the owner or 
     operator of the vessel, with the approval of the Secretary of 
     the Army, shall begin removal of the vessel using the most 
     expeditious removal method available or, if appropriate, 
     secure the vessel pending removal to allow navigation to 
     resume. If the owner or operator fails to begin removal or to 
     secure the vessel pending removal in accordance with the 
     preceding sentence or fails to complete removal as soon as 
     possible, the Secretary of the Army shall remove or destroy 
     the vessel using the summary removal procedures under 
     subsection (a).''.

[[Page S7737]]

     SEC. 316. LEVEE OWNERS MANUAL.

       Section 5 of the Act entitled ``An Act authorizing the 
     construction of certain public works on rivers and harbors 
     for flood control, and for other purposes'', approved August 
     18, 1941 (33 U.S.C. 701n), is amended by adding at the end 
     the following:
       ``(c) Levee Owners Manual.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of this subsection, in accordance with chapter 5 of 
     title 5, United States Code, the Secretary shall prepare a 
     manual describing the maintenance and upkeep responsibilities 
     that the Army Corps of Engineers requires of a non-Federal 
     interest in order for the non-Federal interest to receive 
     Federal assistance under this section. The Secretary shall 
     provide a copy of the manual at no cost to each non-Federal 
     interest that is eligible to receive Federal assistance under 
     this section.
       ``(2) Prohibition on delegation.--The preparation of the 
     manual shall be carried out under the personal direction of 
     the Secretary.
       ``(3) Authorization of appropriations.--There are 
     authorized to be appropriated $1,000,000 to carry out this 
     subsection.
       ``(4) Definitions.--In this subsection:
       ``(A) Maintenance and upkeep.--The term `maintenance and 
     upkeep' means all maintenance and general upkeep of a levee 
     performed on a regular and consistent basis that is not 
     repair and rehabilitation.
       ``(B) Repair and rehabilitation.--The term `repair and 
     rehabilitation'--
       ``(i) except as provided in clause (ii), means the repair 
     or rebuilding of a levee or other flood control structure, 
     after the structure has been damaged by a flood, to the level 
     of protection provided by the structure before the flood; and
       ``(ii) does not include--

       ``(I) any improvement to the structure; or
       ``(II) repair or rebuilding described in clause (i) if, in 
     the normal course of usage, the structure becomes 
     structurally unsound and is no longer fit to provide the 
     level of protection for which the structure was designed.

       ``(C) Secretary.--The term `Secretary' means the Secretary 
     of the Army.''.

     SEC. 317. RISK-BASED ANALYSIS METHODOLOGY.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall obtain the 
     services of an independent consultant to evaluate--
       (1) the relationship between--
       (A) the Risk-Based Analysis for Evaluation of Hydrology/
     Hydraulics and Economics in Flood Damage Reduction Studies 
     established in an Army Corps of Engineers engineering 
     circular; and
       (B) minimum engineering and safety standards;
       (2) the validity of results generated by the studies 
     described in paragraph (1); and
       (3) policy impacts related to change in the studies 
     described in paragraph (1).
       (b) Task Force.--
       (1) In general.--In carrying out the independent evaluation 
     under subsection (a), the Secretary, not later than 90 days 
     after the date of enactment of this Act, shall establish a 
     task force to oversee and review the analysis.
       (2) Membership.--The task force shall consist of--
       (A) the Assistant Secretary of the Army having 
     responsibility for civil works, who shall serve as 
     chairperson of the task force;
       (B) the Administrator of the Federal Emergency Management 
     Agency;
       (C) the Chief of the Natural Resources Conservation Service 
     of the Department of Agriculture;
       (D) a State representative appointed by the Secretary from 
     among individuals recommended by the Association of State 
     Floodplain Managers;
       (E) a local government public works official appointed by 
     the Secretary from among individuals recommended by a 
     national organization representing public works officials; 
     and
       (F) an individual from the private sector, who shall be 
     appointed by the Secretary.
       (3) Compensation.--
       (A) In general.--Except as provided in subparagraph (B), a 
     member of the task force shall serve without compensation.
       (B) Expenses.--Each member of the task force shall be 
     allowed--
       (i) travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for employees of agencies 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from the home or regular place of business 
     of the member in the performance of services for the task 
     force; and
       (ii) other expenses incurred in the performance of services 
     for the task force, as determined by the Secretary.
       (4) Termination.--The task force shall terminate 2 years 
     after the date of enactment of this Act.
       (c) Limitation on Use of Methodology.--During the period 
     beginning on the date of enactment of this Act and ending 2 
     years after that date, if requested by a non-Federal 
     interest, the Secretary shall refrain from using any risk-
     based technique required under the studies described in 
     subsection (a) for the evaluation and design of a project 
     carried out in cooperation with the non-Federal interest 
     unless the Secretary, in consultation with the task force, 
     has provided direction for use of the technique after 
     consideration of the independent evaluation required under 
     subsection (a).
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated $500,000 to carry out this section.

     SEC. 318. SEDIMENTS DECONTAMINATION TECHNOLOGY.

       Section 405 of the Water Resources Development Act of 1992 
     (Public Law 102-580; 33 U.S.C. 2239 note) is amended--
       (1) in subsection (a)--
       (A) in paragraph (2), by adding at the end the following: 
     ``The goal of the program shall be to make possible the 
     development, on an operational scale, of 1 or more sediment 
     decontamination technologies, each of which demonstrates a 
     sediment decontamination capacity of at least 2,500 cubic 
     yards per day.''; and
       (B) by adding at the end the following:
       ``(3) Report to congress.--Not later than September 30, 
     1996, and September 30 of each year thereafter, the 
     Administrator and the Secretary shall report to Congress on 
     progress made toward the goal described in paragraph (2).''; 
     and
       (2) in subsection (c)--
       (A) by striking ``$5,000,000'' and inserting 
     ``$10,000,000''; and
       (B) by striking ``1992'' and inserting ``1996''.

     SEC. 319. MELALEUCA TREE.

       Section 104(a) of the River and Harbor Act of 1958 (33 
     U.S.C. 610(a)) is amended by inserting ``melaleuca tree,'' 
     after ``milfoil,''.

     SEC. 320. FAULKNER ISLAND, CONNECTICUT.

       In consultation with the Director of the United States Fish 
     and Wildlife Service, the Secretary shall design and 
     construct shoreline protection measures for the coastline 
     adjacent to the Faulkner Island Lighthouse, Connecticut, at a 
     total cost of $4,500,000.

     SEC. 321. DESIGNATION OF LOCK AND DAM AT THE RED RIVER 
                   WATERWAY, LOUISIANA.

       (a) Designation.--Lock and Dam numbered 4 of the Red River 
     Waterway, Louisiana, is designated as the ``Russell B. Long 
     Lock and Dam''.
       (b) Legal References.--A reference in any law, regulation, 
     document, map, record, or other paper of the United States to 
     the lock and dam referred to in subsection (a) shall be 
     deemed to be a reference to the ``Russell B. Long Lock and 
     Dam''.

     SEC. 322. JURISDICTION OF MISSISSIPPI RIVER COMMISSION, 
                   LOUISIANA.

       The jurisdiction of the Mississippi River Commission 
     established by the Act of June 28, 1879 (21 Stat. 37, chapter 
     43; 33 U.S.C. 641 et seq.), is extended to include all of the 
     area between the eastern side of the Bayou Lafourche Ridge 
     from Donaldsonville, Louisiana, to the Gulf of Mexico and the 
     west guide levee of the Mississippi River from 
     Donaldsonville, Louisiana, to the Gulf of Mexico.

     SEC. 323. WILLIAM JENNINGS RANDOLPH ACCESS ROAD, GARRETT 
                   COUNTY, MARYLAND.

       The Secretary shall transfer up to $600,000 from the funds 
     appropriated for the William Jennings Randolph Lake, Maryland 
     and West Virginia, project to the State of Maryland for use 
     by the State in constructing an access road to the William 
     Jennings Randolph Lake in Garrett County, Maryland.

     SEC. 324. ARKABUTLA DAM AND LAKE, MISSISSIPPI.

       The Secretary shall repair the access roads to Arkabutla 
     Dam and Arkabutla Lake in Tate County and DeSoto County, 
     Mississippi, at a total cost of not to exceed $1,400,000.

     SEC. 325. NEW YORK STATE CANAL SYSTEM.

       (a) In General.--In order to make capital improvements to 
     the New York State canal system, the Secretary, with the 
     consent of appropriate local and State entities, shall enter 
     into such arrangements, contracts, and leases with public and 
     private entities as may be necessary for the purposes of 
     rehabilitation, renovation, preservation, and maintenance of 
     the New York State canal system and related facilities, 
     including trailside facilities and other recreational 
     projects along the waterways referred to in subsection (c).
       (b) Federal Share.--The Federal share of the cost of 
     capital improvements under this section shall be 50 percent. 
     The total cost is $14,000,000, with an estimated Federal cost 
     of $7,000,000 and an estimated non-Federal cost of 
     $7,000,000.
       (c) Definition of New York State Canal System.--In this 
     section, the term ``New York State canal system'' means the 
     Erie, Oswego, Champlain, and Cayuga-Seneca Canals in New 
     York.

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

       The Secretary shall replace the bulkhead between piers 1 
     and 2 at the Quonset Point-Davisville Industrial Park, Rhode 
     Island, at a total cost of $1,350,000. The estimated Federal 
     share of the project cost is $1,012,500, and the estimated 
     non-Federal share of the project cost is $337,500. In 
     conjunction with this project, the Secretary shall install 
     high mast lighting at pier 2 at a total cost of $300,000, 
     with an estimated Federal cost of $225,000 and an estimated 
     non-Federal cost of $75,000.

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

       (a) Transfer of Administrative Jurisdiction.--
     Notwithstanding any other law, the Secretary of the Navy 
     shall transfer to the Secretary administrative jurisdiction 
     over the approximately 1,400 acres of land under the 
     jurisdiction of the Department of the Navy that comprise a 
     portion of the Clouter Creek disposal area, Charleston, South 
     Carolina.
       (b) Use of Transferred Land.--The land transferred under 
     subsection (a) shall be used

[[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.

       (a) Salmon Survival Activities.--
       (1) In general.--The Secretary shall accelerate ongoing 
     research and development activities, and is authorized to 
     carry out or participate in additional research and 
     development activities, for the purpose of developing 
     innovative methods and technologies for improving the 
     survival of salmon, especially salmon in the Columbia River 
     Basin.
       (2) Accelerated activities.--Accelerated research and 
     development activities referred to in paragraph (1) may 
     include research and development related to--
       (A) impacts from water resources projects and other impacts 
     on salmon life cycles;
       (B) juvenile and adult salmon passage;
       (C) light and sound guidance systems;
       (D) surface-oriented collector systems;
       (E) transportation mechanisms; and
       (F) dissolved gas monitoring and abatement.
       (3) Additional activities.--Additional research and 
     development activities referred to in paragraph (1) may 
     include research and development related to--
       (A) marine mammal predation on salmon;
       (B) studies of juvenile salmon survival in spawning and 
     rearing areas;
       (C) estuary and near-ocean juvenile and adult salmon 
     survival;
       (D) impacts on salmon life cycles from sources other than 
     water resources projects; and
       (E) other innovative technologies and actions intended to 
     improve fish survival, including the survival of resident 
     fish.
       (4) Coordination.--The Secretary shall coordinate any 
     activities carried out under this subsection with appropriate 
     Federal, State, and local agencies, affected Indian tribes, 
     and the Northwest Power Planning Council.
       (5) Report.--Not later than 3 years after the date of 
     enactment of this Act, the Secretary shall transmit to 
     Congress a report on the research and development activities 
     carried out under this subsection, including any 
     recommendations of the Secretary concerning the research and 
     development activities.
       (6) Authorization of appropriations.--There are authorized 
     to be appropriated $10,000,000 to carry out research and 
     development activities under subparagraphs (A) through (C) of 
     paragraph (3).
       (b) Advanced Turbine Development.--
       (1) In general.--In conjunction with the Secretary of 
     Energy, the Secretary shall accelerate efforts toward 
     developing innovative, efficient, and environmentally safe 
     hydropower turbines, including design of ``fish-friendly'' 
     turbines, for use on the Columbia River hydro system.
       (2) Authorization of appropriations.--There are authorized 
     to be appropriated $12,000,000 to carry out this subsection.
       (c) Implementation.--Nothing in this section affects the 
     authority of the Secretary to implement the results of the 
     research and development carried out under this section or 
     any other law.

     SEC. 332. RECREATIONAL USER FEES.

       (a) In General.--Section 210(b)(4) of the Flood Control Act 
     of 1968 (16 U.S.C. 460d-3(b)(4)) is amended by inserting 
     before the period at the end the following: ``and, subject to 
     the availability of appropriations, shall be used for the 
     purposes specified in section 4(i)(3) of the Act at the water 
     resources development project at which the fees were 
     collected''.
       (b) Report.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary shall prepare and submit 
     to the Committee on Environment and Public Works of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives a report, with respect to 
     fiscal year 1995, on--
       (1) the amount of day-use fees collected under section 
     210(b) of the Flood Control Act of 1968 (16 U.S.C. 460d-3(b)) 
     at each water resources development project; and
       (2) the administrative costs associated with the collection 
     of the day-use fees at each water resources development 
     project.

     SEC. 333. SHORE PROTECTION.

       (a) In General.--Subsection (a) of the first section of the 
     Act of August 13, 1946 (60 Stat. 1056, chapter 960; 33 U.S.C. 
     426e(a)), is amended--
       (1) by striking ``damage to the shores'' and inserting 
     ``damage to the shores and beaches''; and
       (2) by striking ``the following provisions'' and all that 
     follows through the period at the end and inserting the 
     following: ``this Act, to promote shore protection projects 
     and related research that encourage the protection, 
     restoration, and enhancement of sandy beaches, including 
     beach restoration and periodic beach nourishment, on a 
     comprehensive and coordinated basis by the Federal 
     Government, States, localities, and private enterprises. In 
     carrying out this policy, preference shall be given to areas 
     in which there has been a Federal investment of funds and 
     areas with respect to which the need for prevention or 
     mitigation of damage to shores and beaches is attributable to 
     Federal navigation projects or other Federal activities.''.
       (b) Definition of Shore Protection Project.--Section 4 of 
     the Act of August 13, 1946 (60 Stat. 1057, chapter 960; 33 
     U.S.C. 426h), is amended--
       (1) by striking ``Sec. 4. As used in this Act, the word 
     `shores' includes all the shorelines'' and inserting the 
     following:

     ``SEC. 4. DEFINITIONS.

       ``In this Act:
       ``(1) Shore.--The term `shore' includes each shoreline of 
     each''; and
       (2) by adding at the end the following:
       ``(2) Shore protection project.--The term `shore protection 
     project' includes a project for beach nourishment, including 
     the replacement of sand.''.

     SEC. 334. SHORELINE EROSION CONTROL DEMONSTRATION.

       (a) National Shoreline Erosion Control Development and 
     Demonstration Program.--The Act of August 13, 1946 (60 Stat. 
     1056, chapter 960; 33 U.S.C. 426e et seq.), is amended by 
     adding at the end the following:

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

       ``(a) Definitions.--In this section:
       ``(1) Erosion control program.--The term `erosion control 
     program' means the national shoreline erosion control 
     development and demonstration program established under this 
     section.
       ``(2) Secretary.--The term `Secretary' means the Secretary 
     of the Army, acting through the Chief of Engineers of the 
     Army Corps of Engineers.
       ``(b) Establishment of Erosion Control Program.--The 
     Secretary shall establish and conduct a national shoreline 
     erosion control development and demonstration program for a 
     period of 8 years beginning on the date that funds are made 
     available to carry out this section.

[[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.

       (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)''.

  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.

                          ____________________