[Congressional Record Volume 142, Number 102 (Thursday, July 11, 1996)]
[Senate]
[Pages S7770-S7782]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




              THE WATER RESOURCES DEVELOPMENT ACT OF 1996

                                 ______
                                 

                       CHAFEE AMENDMENT NO. 4445

  Mr. STEVENS (for Mr. Chafee) proposed an amendment to the 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; as follows:

       On page 65, line 9, strike ``1995'' and insert ``1996''.
       Beginning on page 66, strike line 7 and all that follows 
     through page 67, line 4, and insert the following:
       (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:
       On page 67, between lines 4 and 5, insert the following:
       (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.
       On page 67, line 5, strike ``(1)'' and insert ``(2)''.
       On page 67, line 13, strike ``(2)'' and insert ``(3)''.
       On page 67, line 22, strike ``(3)'' and insert ``(4)''.
       On page 68, between lines 3 and 4, insert the following:
       (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.
       On page 68, line 4, strike ``(4)'' and insert ``(6)''.
       Beginning on page 68, strike line 15 and all that follows 
     through page 69, line 5, and insert the following:
       (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.
       On page 69, line 6, strike ``(6)'' and insert ``(8)''.
       On page 69, between lines 16 and 17, insert the following:
       (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.
       On page 69, line 17, strike ``(7)'' and insert ``(10)''.
       On page 70, line 3, strike ``(8)'' and insert ``(11)''.
       On page 70, line 9, strike ``(9)'' and insert ``(12)''.
       On page 70, line 21, strike ``(10)'' and insert ``(13)''.
       On page 71, line 9, strike ``(11)'' and insert ``(14)''.
       On page 71, between lines 15 and 16, insert the following:
       (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.
       On page 71, line 16, strike ``(12)'' and insert ``(16)''.
       On page 71, line 24, strike ``(13)'' and insert ``(17)''.
       On page 72, strike lines 5 through 16.
       On page 72, line 17, strike ``(16)'' and insert ``(18)''.
       On page 72, between lines 23 and 24, insert the following:
       (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.
       On page 72, line 24, strike ``(17)'' and insert ``(20)''.
       On page 73, line 11, strike ``(18)'' and insert ``(21)''.
       On page 73, line 16, strike ``$257,900,000'' and insert 
     ``$229,581,000''.
       On page 73, after line 23, add the following:
       (b) Projects Subject to Favorable Report.--The following 
     projects for water resources development and conservation and 
     other purposes are authorized to be carried out by the 
     Secretary substantially in accordance with the plans, and 
     subject to the conditions, recommended in a favorable final 
     report (or in the case of the project described in paragraph 
     (6), a favorable feasibility report) of the Chief of 
     Engineers, if the report is completed not later than December 
     31, 1996:
       (1) Chignik, alaska.--The project for navigation, Chignik, 
     Alaska, at a total cost of $10,365,000, with an estimated 
     Federal cost of $4,344,000 and an estimated non-Federal cost 
     of $6,021,000.
       (2) Cook inlet, alaska.--The project for navigation, Cook 
     Inlet, Alaska, at a total cost of $5,342,000, with an 
     estimated Federal cost of $4,006,000 and an estimated non-
     Federal cost of $1,336,000.
       (3) American river watershed, california.--
       (A) In general.--The project for flood damage reduction, 
     American and Sacramento Rivers, California: Supplemental 
     Information Report for the American River Watershed Project, 
     California, dated March 1996, at a total cost of $57,300,000, 
     with an estimated Federal cost of $42,975,000 and an 
     estimated non-Federal cost of $14,325,000, consisting of--
       (i) approximately 24 miles of slurry wall in the levees 
     along the lower American River;
       (ii) approximately 12 miles of levee modifications along 
     the east bank of the Sacramento River downstream from the 
     Natomas Cross Canal;
       (iii) 3 telemeter streamflow gauges upstream from the 
     Folsom Reservoir; and
       (iv) modifications to the flood warning system along the 
     lower American River.
       (B) Credit toward non-federal share.--The non-Federal 
     interest shall receive credit toward the non-Federal share of 
     project costs for expenses that the non-Federal interest 
     incurs for design or construction of any of the features 
     authorized under this paragraph before the date on which 
     Federal funds are made available for construction of the 
     project. The amount of the credit shall be determined by the 
     Secretary.
       (C) Interim operation.--Until such time as a comprehensive 
     flood control plan for the American River watershed has been 
     implemented, the Secretary of the Interior shall continue to 
     operate the Folsom Dam and Reservoir to the variable 400,000/
     670,000 acre-feet of flood control storage capacity and shall 
     extend the agreement between the Bureau of Reclamation and 
     the Sacramento Area Flood Control Agency with respect to the 
     watershed.
       (D) Other costs.--The non-Federal interest shall be 
     responsible for--
       (i) all operation, maintenance, repair, replacement, and 
     rehabilitation costs associated with the improvements carried 
     out under this paragraph; and
       (ii) the costs of the variable flood control operation of 
     the Folsom Dam and Reservoir.
       (4) Santa monica breakwater, california.--The project for 
     hurricane and storm damage reduction, Santa Monica 
     breakwater, California, at a total cost of $6,440,000, with 
     an estimated Federal cost of $4,220,000 and an estimated non-
     Federal cost of $2,220,000.
       (5) Lower savannah river basin, savannah river, georgia and 
     south carolina.--The project for environmental restoration, 
     Lower Savannah River Basin, Savannah River, Georgia and South 
     Carolina, at a total cost of $3,419,000, with an estimated 
     Federal cost of $2,551,000 and an estimated non-Federal cost 
     of $868,000.

[[Page S7771]]

       (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.
       On page 74, between lines 1 and 2, insert the following:
       (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.
       On page 74, line 2, strike ``(a)'' and insert ``(d)''.
       On page 74, line 19, strike ``(b)'' and insert ``(e)''.
       On page 75, line 11, strike ``(c)'' and insert ``(f)''.
       On page 76, line 1, strike ``(d)'' and insert ``(g)''.
       On page 76, between lines 5 and 6, insert the following:
       (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).
       On page 76, line 6, strike ``(e)'' and insert ``(i)''.
       On page 76, strike lines 13 through 24 and insert the 
     following:
     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.
       On page 77, line 1, strike ``(g)'' and insert ``(j)''.
       On page 77, line 10, strike ``(h)'' and insert ``(k)''.
       Beginning on page 77, strike line 20 and all that follows 
     through page 79, line 12, and insert the following:
       (l) Comite River, Louisiana.--If a favorable final report 
     of the Chief of Engineers is issued not later than December 
     31, 1996, the Comite River diversion project for flood 
     control authorized as part of the project for flood control, 
     Amite River and Tributaries, Louisiana, by section 101(11) of 
     the Water Resources Development Act of 1992 (Public Law 102-
     580; 106 Stat. 4802), is modified to authorize the Secretary 
     to construct the project at a total cost of $121,600,000, 
     with an estimated Federal cost of $70,577,000 and an 
     estimated non-Federal cost of $51,023,000.
       (m) Mississippi River Ship Channel, Gulf to Baton Rouge, 
     Louisiana.--The project for navigation, Mississippi River 
     Ship Channel, Gulf to Baton Rouge, Louisiana, authorized by 
     the matter under the heading ``Corps of Engineers--Civil'' 
     under the heading ``DEPARTMENT OF DEFENSE--CIVIL'' in chapter 
     IV of title I of the Supplemental Appropriations Act, 1985 
     (99 Stat. 313), is modified to require the Secretary, as part 
     of the operations and maintenance segment of the project, to 
     assume responsibility for periodic maintenance dredging of 
     the Chalmette Slip to a depth of minus 33 feet mean low gulf, 
     if the Secretary determines that the project modification is 
     economically justified, environmentally acceptable, and 
     consistent with other Federal policies.
       (n) Red River Waterway, Mississippi River to Shreveport, 
     Louisiana.--The project for navigation, Red River Waterway, 
     Mississippi River to Shreveport, Louisiana, authorized by 
     section 101 of the River and Harbor Act of 1968 (Public Law 
     90-483; 82 Stat. 731), is modified to require the Secretary 
     to dredge and perform other related work as required to 
     reestablish and maintain access to, and the environmental 
     value of, the bendway channels designated for preservation in 
     project documentation prepared before the date of enactment 
     of this Act. The work shall be carried out in accordance with 
     the local cooperation requirements for other navigation 
     features of the project.
       (o) Westwego to Harvey Canal, Louisiana.--If a favorable 
     post authorization change report is issued not later than 
     December 31, 1996, the project for hurricane damage 
     prevention and flood control, Westwego to Harvey Canal, 
     Louisiana, authorized by section 401(b) of the Water 
     Resources Development Act of 1986 (Public Law 99-662; 100 
     Stat. 4128), is modified to include the Lake Cataouatche area 
     levee as part of the project at a total cost of $14,375,000, 
     with an estimated Federal cost of $9,344,000 and an estimated 
     non-Federal cost of $5,031,000.
       (p) Tolchester Channel, Maryland.--The project for 
     navigation, Baltimore Harbor and Channels, Maryland, 
     authorized by section 101 of the River and Harbor Act of 1958 
     (Public Law 85-500; 72 Stat. 297), is modified to direct the 
     Secretary--
       (1) to expedite review of potential straightening of the 
     channel at the Tolchester Channel S-Turn; and
       (2) if before December 31, 1996, it is determined to be 
     feasible and necessary for safe and efficient navigation, to 
     implement the straightening as part of project maintenance.
       (q) Stillwater, Minnesota.--Not later than 1 year after the 
     date of enactment of this Act, the Secretary shall prepare a 
     design memorandum for the project authorized by section 363 
     of the Water Resources Development Act of 1992 (Public Law 
     102-580; 106 Stat. 4861). The design memorandum shall include 
     an evaluation of the Federal interest in construction of that 
     part of the project that includes the secondary flood wall, 
     but shall not include an evaluation of the reconstruction and 
     extension of the levee system for which construction is 
     scheduled to commence in 1996. If the Secretary determines 
     that there is such a Federal interest, the Secretary shall 
     construct the secondary flood wall, or the most feasible 
     alternative, at a total project cost of not to exceed 
     $11,600,000. The Federal share of the cost shall be 75 
     percent.
       On page 79, line 13, strike ``(k)'' and insert ``(r)''.
       On page 79, between lines 21 and 22, insert the following:
       (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''.
       On page 79, line 22, strike ``(l)'' and insert ``(v)''.
       On page 80, between lines 8 and 9, insert the following:
       (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

[[Page S7772]]

     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.
       On page 80, line 9, strike ``(m)'' and insert ``(z)''.
       On page 80, between lines 18 and 19, insert the following:
       (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.
       On page 80, line 19, strike ``(n)'' and insert ``(bb)''.
       Beginning on page 81, strike line 3 and all that follows 
     through page 82, line 15, and insert the following:
       (cc) India Point Railroad Bridge, Seekonk River, 
     Providence, Rhode Island.--The first sentence of section 
     1166(c) of the Water Resources Development Act of 1986 
     (Public Law 99-662; 100 Stat. 4258) is amended--
       (1) by striking ``$500,000'' and inserting ``$1,300,000''; 
     and
       (2) by striking ``$250,000'' each place it appears and 
     inserting ``$650,000''.
       (dd) Corpus Christi Ship Channel, Corpus Christi, Texas.--
     The project for navigation, Corpus Christi Ship Channel, 
     Corpus Christi, Texas, authorized by the first section of the 
     Act entitled ``An Act authorizing the construction, repair, 
     and preservation of certain public works on rivers and 
     harbors, and for other purposes'', approved September 22, 
     1922 (42 Stat. 1039), is modified to include the Rincon Canal 
     system as a part of the Federal project that shall be 
     maintained at a depth of 12 feet, if the Secretary determines 
     that the project modification is economically justified, 
     environmentally acceptable, and consistent with other Federal 
     policies.
       (ee) Dallas Floodway Extension, Dallas, Texas.--The flood 
     protection works constructed by the non-Federal interest 
     along the Trinity River in Dallas, Texas, for Rochester Park 
     and the Central Wastewater Treatment Plant shall be included 
     as a part of the plan implemented for the Dallas Floodway 
     Extension component of the Trinity River, Texas, project 
     authorized by section 301 of the River and Harbor Act of 1965 
     (Public Law 89-298; 79 Stat. 1091). The cost of the works 
     shall be credited toward the non-Federal share of project 
     costs without regard to further economic analysis of the 
     works.
       On page 82, line 16, strike ``(q)'' and insert ``(ff)''.
       On page 83, line 1, strike ``(r)'' and insert ``(gg)''.
       On page 83, line 9, strike ``$12,370,000'' and insert 
     ``$12,870,000''.
       On page 83, line 10, strike ``$8,220,000'' and insert 
     ``$8,580,000''.
       On page 83, line 11, strike ``$4,150,000'' and insert 
     ``$4,290,000''.
       On page 83, line 12, strike ``(s)'' and insert ``(hh)''.
       Beginning on page 83, strike line 21 and all that follows 
     through page 84, line 4, and insert the following:
       (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).
       On page 84, line 5, strike ``(u)'' and insert ``(jj)''.
       On page 84, line 13, strike ``(v)'' and insert ``(kk)''.
       On page 84, line 20, strike ``perform'' and insert 
     ``provide''.
       On page 85, between lines 1 and 2, insert the following:
       (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.
       On page 85, line 2, strike ``(a)'' and insert ``(b)''.
       On page 85, line 21, strike ``(b)'' and insert ``(c)''.
       On page 86, line 24, strike ``(c)'' and insert ``(d)''.
       On page 89, line 1, strike ``(d)'' and insert ``(e)''.
       On page 90, between lines 3 and 4, insert the following:
       (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.
       On page 90, line 4, strike ``(e)'' and insert ``(h)''.
       On page 91, line 10, strike ``(f)'' and insert ``(i)''.
       On page 92, between lines 6 and 7, insert the following:
       (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.

[[Page S7773]]

     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.
       On page 92, line 7, strike ``(g)'' and insert ``(k)''.
       On page 92, between lines 14 and 15, insert the following:
       (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.
       On page 92, line 15, strike ``(h)'' and insert ``(n)''.
       Beginning on page 92, strike line 21 and all that follows 
     through page 95, line 2, and insert the following:
       (o) Apponaug Cove, Rhode Island.--The following portion of 
     the project for navigation, Apponaug Cove, Rhode Island, 
     authorized by section 101 of the River and Harbor Act of 1960 
     (Public Law 86-645; 74 Stat. 480), consisting of the 6-foot 
     deep channel, is deauthorized: beginning at a point, 
     N223269.93, E513089.12, thence running northwesterly to a 
     point N223348.31, E512799.54, thence running southwesterly to 
     a point N223251.78, E512773.41, thence running southeasterly 
     to a point N223178.00, E513046.00, thence running 
     northeasterly to the point of beginning.
       (p) Kickapoo River, Wisconsin.--
       (1) Project modification.--The project for flood control 
     and allied purposes, Kickapoo River, Wisconsin, authorized by 
     section 203 of the Flood Control Act of 1962 (Public Law 87-
     874; 76 Stat. 1190), as modified by section 814 of the Water 
     Resources Development Act of 1986 (Public Law 99-662; 100 
     Stat. 4169), is further modified as provided by this 
     subsection.
       (2) Transfers of property.--
       (A) Transfer to state of wisconsin.--Subject to the 
     requirements of this paragraph, the Secretary shall transfer 
     to the State of Wisconsin, without consideration, all right, 
     title, and interest of the United States in and to the lands 
     described in subparagraph (E), including all works, 
     structures, and other improvements to the lands, but 
     excluding lands transferred under subparagraph (B).
       (B) Transfer to secretary of the interior.--Subject to the 
     requirements of this paragraph, on the date of the transfer 
     under subparagraph (A), the Secretary shall transfer to the 
     Secretary of the Interior, without consideration, all right, 
     title, and interest of the United States in and to lands that 
     are culturally and religiously significant sites of the Ho-
     Chunk Nation (a federally recognized Indian tribe) and are 
     located within the lands described in subparagraph (E). The 
     lands shall be described in accordance with subparagraph 
     (C)(ii)(I) and may not exceed a total of 1,200 acres.
       (C) Terms and conditions.--
       (i) In general.--The Secretary shall make the transfers 
     under subparagraphs (A) and (B) only if--

       (I) the State of Wisconsin enters into a written agreement 
     with the Secretary to hold the United States harmless from 
     all claims arising from or through the operation of lands and 
     improvements subject to the transfer under subparagraph (A); 
     and
       (II) on or before October 30, 1997, the State of Wisconsin 
     enters into and submits to the Secretary a memorandum of 
     understanding, as specified in clause (ii), with the tribal 
     organization (as defined in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450b) 
     of the Ho-Chunk Nation.

       (ii) Memorandum of understanding.--The memorandum of 
     understanding referred to in clause (i)(II) shall contain, at 
     a minimum, the following:

       (I) A description of sites and associated lands to be 
     transferred to the Secretary of the Interior under 
     subparagraph (B).
       (II) An agreement specifying that the lands transferred 
     under subparagraphs (A) and (B) shall be preserved in a 
     natural state and developed only to the extent necessary to 
     enhance outdoor recreational and educational opportunities.
       (III) An agreement specifying the terms and conditions of a 
     plan for the management of the lands to be transferred under 
     subparagraphs (A) and (B).
       (IV) A provision requiring a review of the plan referred to 
     in subclause (III) to be conducted every 10 years under which 
     the State of Wisconsin, acting through the Kickapoo Valley 
     Governing Board, and the Ho-Chunk Nation may agree to 
     revisions of the plan in order to address changed 
     circumstances on the lands transferred under subparagraphs 
     (A) and (B). The provision may include a plan for the 
     transfer to the Secretary of the Interior of any additional 
     site discovered to be culturally and religiously significant 
     to the Ho-Chunk Nation.
       (V) An agreement preventing or limiting the public 
     disclosure of the location or existence of each site of 
     particular cultural or religious significance to the Ho-Chunk 
     Nation, if public disclosure would jeopardize the cultural or 
     religious integrity of the site.

       (D) Administration of lands.--The lands transferred to the 
     Secretary of the Interior under subparagraph (B), and any 
     lands transferred to the Secretary of the Interior under the 
     memorandum of understanding entered into under subparagraph 
     (C), or under any revision of the memorandum of understanding 
     agreed to under subparagraph (C)(ii)(IV), shall be held in 
     trust by the United States for, and added to and administered 
     as part of the reservation of, the Ho-Chunk Nation.
       (E) Land description.--The lands referred to in 
     subparagraphs (A) and (B) are the approximately 8,569 acres 
     of land associated with the LaFarge Dam and Lake portion of 
     the project referred to in paragraph (1) in Vernon County, 
     Wisconsin, in the following sections:
       (i) Section 31, Township 14 North, Range 1 West of the 4th 
     Principal Meridian.
       (ii) Sections 2 through 11, and 16, 17, 20, and 21, 
     Township 13 North, Range 2 West of the 4th Principal 
     Meridian.
       (iii) Sections 15, 16, 21 through 24, 26, 27, 31, and 33 
     through 36, Township 14 North, Range 2 West of the 4th 
     Principal Meridian.
       (3) Transfer of flowage easements.--The Secretary shall 
     transfer to the owner of the servient estate, without 
     consideration, all right, title, and interest of the United 
     States in and to each flowage easement acquired as part of 
     the project referred to in paragraph (1) within Township 14 
     North, Range 2 West of the 4th Principal Meridian, Vernon 
     County, Wisconsin.
       (4) Deauthorization.--The LaFarge Dam and Lake portion of 
     the project referred to in paragraph (1) is not authorized 
     after the date of the transfers under paragraph (2).
       (5) Interim management and maintenance.--The Secretary 
     shall continue to manage and maintain the LaFarge Dam and 
     Lake portion of the project referred to in paragraph (1) 
     until the date of the transfers under paragraph (2).
       On page 95, between lines 3 and 4, insert the following:
       (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.
       On page 95, line 4, strike ``(a)'' and insert ``(b)''.
       On page 95, line 14, strike ``(b)'' and insert ``(c)''.
       On page 96, line 4, strike ``(c)'' and insert ``(d)''.
       On page 96, line 12, strike ``(d)'' and insert ``(e)''.
       On page 96, line 21, strike ``(e)'' and insert ``(f)''.
       On page 97, line 3, strike ``(f)'' and insert ``(g)''.
       On page 97, line 9, strike ``(g)'' and insert ``(h)''.
       On page 97, line 14, strike ``(h)'' and insert ``(i)''.
       On page 98, line 6, strike ``(i)'' and insert ``(j)''.
       On page 98, line 13, strike ``(j)'' and insert ``(k)''.
       On page 98, line 19, strike ``(k)'' and insert ``(l)''.
       On page 98, line 24, strike ``(l)'' and insert ``(m)''.
       On page 99, line 4, strike ``(m)'' and insert ``(n)''.

[[Page S7774]]

       On page 99, line 18, strike ``(n)'' and insert ``(o)''.
       On page 99, line 22, strike ``(o)'' and insert ``(p)''.
       On page 100, line 3, strike ``(p)'' and insert ``(q)''.
       On page 100, line 12, strike ``(q)'' and insert ``(r)''.
       On page 100, line 23, strike ``(r)'' and insert ``(s)''.
       On page 101, between lines 4 and 5, insert the following:
       (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.
       On page 101, line 5, strike ``(s)'' and insert ``(w)''.
       On page 101, line 6, strike ``The'' and insert ``Not later 
     than 2 years after the date of enactment of this Act, the''.
       On page 101, line 11, strike ``and''.
       On page 102, line 5, strike the period and insert a 
     semicolon.
       On page 102, between lines 5 and 6, insert the following:
       (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.
       On page 102, line 6, strike ``(t)'' and insert ``(y)''.
       On page 102, between lines 8 and 9, insert the following:
       (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 Terreboone 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 P.L. 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 subsection 
     (a), together with recommendations on immediate 
     implementation not later than 6 months after the enactment of 
     this Act.
       On page 102, between lines 10 and 11, insert the following:

     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.
       On page 102, line 11, strike ``201'' and insert ``202''.
       On page 103, line 1, strike ``202'' and insert ``203''.
       On page 103, line 10, strike ``203'' and insert ``204''.
       On page 103, line 22, strike ``204'' and insert ``205''.
       On page 104, line 8, strike ``$121,000,000'' and insert 
     ``$156,000,000''.
       On page 104, line 21, strike ``205'' and insert ``206''.
       On page 105, between lines 18 and 19, insert the following:

     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-

[[Page S7775]]

     effectiveness of the component and, as appropriate, shall 
     include documentation of environmental effects prepared under 
     the National Environmental Policy Act of 1969 (42 U.S.C. 4321 
     et seq.).
       (C) Endorsement by task force.--
       (i) In general.--If the Task Force endorses the interim 
     implementation report of the Jacksonville District Engineer 
     for a component, the Secretary shall submit the report to 
     Congress.
       (ii) Coordination requirements.--Endorsement by the Task 
     Force shall be deemed to fulfill the coordination 
     requirements under the first section of the Act entitled ``An 
     Act authorizing the construction of certain public works on 
     rivers and harbors for flood control, and for other 
     purposes'', approved December 22, 1944 (33 U.S.C. 701-1).
       (5) Authorization.--
       (A) In general.--The Secretary shall not initiate 
     construction of a component until such time as a law is 
     enacted authorizing construction of the component.
       (B) Design.--The Secretary may continue to carry out 
     detailed design of a component after the date of submission 
     to Congress of the interim implementation report recommending 
     the component.
       (6) Cost sharing.--
       (A) In general.--Except as provided in subparagraph (B), 
     the Federal share of the costs of preparing interim 
     implementation reports under paragraph (4) and implementing 
     the modifications (including the support projects and other 
     facilities) authorized to be developed by this subsection 
     shall be 50 percent.
       (B) Water quality features.--
       (i) In general.--Subject to clause (ii), the non-Federal 
     share of the cost of project features necessary to improve 
     water quality under paragraph (2) shall be 100 percent.
       (ii) Critical features.--If the Task Force determines, by 
     resolution accompanying endorsement of an interim 
     implementation report under paragraph (4), that the project 
     features described in clause (i) are critical to ecosystem 
     restoration, the Federal share of the cost of the features 
     shall be 50 percent.
       (C) Reimbursement.--The Secretary shall reimburse the non-
     Federal interests for the Federal share of any reasonable 
     costs that the non-Federal interests incur in acquiring land 
     for any component authorized by law under paragraph (5) if 
     the land acquisition has been endorsed by the Task Force and 
     supported by the Secretary.
       (c) South Florida Ecosystem Restoration Task Force.--
       (1) Establishment and membership.--There is established the 
     South Florida Ecosystem Restoration Task Force, which shall 
     consist of the following members (or, in the case of the head 
     of a Federal agency, a designee at the level of assistant 
     secretary or an equivalent level):
       (A) The Secretary of the Interior, who shall serve as 
     chairperson of the Task Force.
       (B) The Secretary of Commerce.
       (C) The Secretary.
       (D) The Attorney General.
       (E) The Administrator of the Environmental Protection 
     Agency.
       (F) The Secretary of Agriculture.
       (G) The Secretary of Transportation.
       (H) 1 representative of the Miccosukee Tribe of Indians of 
     Florida, to be appointed by the Secretary of the Interior 
     from recommendations submitted by the tribal chairman.
       (I) 1 representative of the Seminole Tribe of Indians of 
     Florida, to be appointed by the Secretary of the Interior 
     from recommendations submitted by the tribal chairman.
       (J) 3 representatives of the State of Florida, to be 
     appointed by the Secretary of the Interior from 
     recommendations submitted by the Governor of the State of 
     Florida.
       (K) 2 representatives of the South Florida Water Management 
     District, to be appointed by the Secretary of the Interior 
     from recommendations submitted by the Governor of the State 
     of Florida.
       (L) 2 representatives of local governments in the South 
     Florida ecosystem, to be appointed by the Secretary of the 
     Interior from recommendations submitted by the Governor of 
     the State of Florida.
       (2) Duties.--
       (A) In general.--The Task Force shall--
       (i)(I) coordinate the development of consistent policies, 
     strategies, plans, programs, and priorities for addressing 
     the restoration, protection, and preservation of the South 
     Florida ecosystem; and
       (II) develop a strategy and priorities for implementing the 
     components of the conceptual plan;
       (ii) review programs, projects, and activities of agencies 
     and entities represented on the Task Force to promote the 
     objectives of ecosystem restoration and maintenance;
       (iii) refine and provide guidance concerning the 
     implementation of the conceptual plan;
       (iv)(I) periodically review the conceptual plan in light of 
     current conditions and new information and make appropriate 
     modifications to the conceptual plan; and
       (II) submit to Congress a report on each modification to 
     the conceptual plan under subclause (I);
       (v) establish a Florida-based working group, which shall 
     include representatives of the agencies and entities 
     represented on the Task Force and other entities as 
     appropriate, for the purpose of recommending policies, 
     strategies, plans, programs, and priorities to the Task 
     Force;
       (vi) prepare an annual cross-cut budget of the funds 
     proposed to be expended by the agencies, tribes, and 
     governments represented on the Task Force on the restoration, 
     preservation, and protection of the South Florida ecosystem; 
     and
       (vii) submit a biennial report to Congress that summarizes 
     the activities of the Task Force and the projects, policies, 
     strategies, plans, programs, and priorities planned, 
     developed, or implemented for restoration of the South 
     Florida ecosystem and progress made toward the restoration.
       (B) Authority to establish advisory subcommittees.--The 
     Task Force and the working group established under 
     subparagraph (A)(v) may establish such other advisory 
     subcommittees as are necessary to assist the Task Force in 
     carrying out its duties, including duties relating to public 
     policy and scientific issues.
       (3) Decisionmaking.--Each decision of the Task Force shall 
     be made by majority vote of the members of the Task Force.
       (4) Application of the federal advisory committee act.--
       (A) Charter; termination.--The Task Force shall not be 
     subject to sections 9(c) and 14 of the Federal Advisory 
     Committee Act (5 U.S.C. App.).
       (B) Notice of meetings.--The Task Force shall be subject to 
     section 10(a)(2) of the Act, except that the chairperson of 
     the Task Force is authorized to use a means other than 
     publication in the Federal Register to provide notice of a 
     public meeting and provide an equivalent form of public 
     notice.
       (5) Compensation.--A member of the Task Force shall receive 
     no compensation for the service of the member on the Task 
     Force.
       (6) Travel expenses.--Travel expenses incurred by a member 
     of the Task Force in the performance of services for the Task 
     Force shall be paid by the agency, tribe, or government that 
     the member represents.

     SEC. 208. ARKANSAS CITY AND WINFIELD, KANSAS.

       Notwithstanding any other provision of law, for the purpose 
     of commencing construction of the project for flood control, 
     Arkansas City, Kansas, authorized by section 401(a) of the 
     Water Resources Development Act of 1986 (Public Law 99-662; 
     100 Stat. 4116), and the project for flood control, Winfield, 
     Kansas, authorized by section 204 of the Flood Control Act of 
     1965 (Public Law 89-298; 79 Stat. 1078), the project 
     cooperation agreements for the projects, as submitted by the 
     District Office of the Army Corps of Engineers, Tulsa, 
     Oklahoma, shall be deemed to be approved by the Assistant 
     Secretary of the Army having responsibility for civil works 
     and the Tulsa District Commander as of September 30, 1996, if 
     the approvals have not been granted by that date.

     SEC. 209. MISSISSIPPI RIVER-GULF OUTLET, LOUISIANA.

       Section 844 of the Water Resources Development Act of 1986 
     (Public Law 99-662; 100 Stat. 4177) is amended by adding at 
     the end the following:
       ``(c) Community Impact Mitigation Plan.--Using funds made 
     available under subsection (a), the Secretary shall implement 
     a comprehensive community impact mitigation plan, as 
     described in the evaluation report of the New Orleans 
     District Engineer dated August 1995, that, to the maximum 
     extent practicable, provides for mitigation or compensation, 
     or both, for the direct and indirect social and cultural 
     impacts that the project described in subsection (a) will 
     have on the affected areas referred to in subsection (b).''.

     SEC. 210. COLDWATER RIVER WATERSHED, MISSISSIPPI.

       Not later than 90 days after the date of enactment of this 
     Act, the Secretary shall initiate all remaining work 
     associated with the Coldwater River Watershed Demonstration 
     Erosion Control Project, as authorized by Public Law 98-8 (97 
     Stat. 13).
       On page 105, line 19, strike ``206'' and insert ``211''.
       On page 106, line 8, strike ``207'' and insert ``212''.
       On page 106, between lines 14 and 15, insert the following:

     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.
       On page 106, line 15, strike ``208'' and insert ``214''.
       On page 107, line 4, strike ``209'' and insert ``215''.
       On page 107, line 11, strike ``210'' and insert ``216''.
       On page 108, line 1, strike ``211'' and insert ``217''.
       Beginning on page 108, strike line 7 and all that follows 
     through page 109, line 25, and insert the following:

     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

[[Page S7776]]

     East River to the original high water line of the East River;

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

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

       (a) Acquisition of Easements.--
       (1) In general.--The Secretary shall acquire, from willing 
     sellers, permanent flowage and saturation easements over--
       (A) the land in Williams County, North Dakota, extending 
     from the riverward margin of the Buford Trenton Irrigation 
     District main canal to the north bank of the Missouri River, 
     beginning at the Buford Trenton Irrigation District pumping 
     station located in the NE\1/4\ of section 17, T-152-N, R-104-
     W, and continuing northeasterly downstream to the land 
     referred to as the East Bottom; and
       (B) any other land outside the boundaries of the land 
     described in subparagraph (A) within or contiguous to the 
     boundaries of the Buford-Trenton Irrigation District that has 
     been affected by rising ground water and the risk of surface 
     flooding.
       (2) Scope.--The easements acquired by the Secretary under 
     paragraph (1) shall include the right, power, and privilege 
     of the Federal Government to submerge, overflow, percolate, 
     and saturate the surface and subsurface of the lands and such 
     other terms and conditions as the Secretary considers 
     appropriate.
       (3) Payment.--In acquiring the easements under paragraph 
     (1), the Secretary shall pay an amount based on the 
     unaffected fee value of the lands to be acquired by the 
     Federal Government. For the purpose of this paragraph, the 
     unaffected fee value of the lands is the value of the lands 
     as if the lands had not been affected by rising ground water 
     and the risk of surface flooding.
       (b) Conveyance of Drainage Pumps.--Notwithstanding any 
     other law, the Secretary shall--
       (1) convey to the Buford Trenton Irrigation District all 
     right, title, and interest of the United States in the 
     drainage pumps located within the boundaries of the District; 
     and
       (2) provide a lump-sum payment of $60,000 for power 
     requirements associated with the operation of the drainage 
     pumps.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $34,000,000, to 
     remain available until expended.

     SEC. 220. JAMESTOWN DAM AND PIPESTEM DAM, NORTH DAKOTA.

       (a) Revisions to Water Control Manuals.--In consultation 
     with the State of South Dakota and the James River Water 
     Development District, the Secretary shall review and consider 
     revisions to the water control manuals for the Jamestown Dam 
     and Pipestem Dam, North Dakota, to modify operation of the 
     dams so as to reduce the magnitude and duration of flooding 
     and inundation of land located within the 10-year floodplain 
     along the James River in South Dakota.
       (b) Feasibility Study.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall--
       (A) complete a study to determine the feasibility of 
     providing flood protection for the land referred to in 
     subsection (a); and
       (B) submit a report on the study to Congress.
       (2) Considerations.--In carrying out paragraph (1), the 
     Secretary shall consider all reasonable project-related and 
     other options.
       On page 110, line 1, strike ``213'' and insert ``221''.
       On page 110, line 17, strike ``214'' and insert ``222''.
       On page 111, line 1, strike ``215'' and insert ``223''.
       On page 111, line 16, strike ``216'' and insert ``224''.
       On page 112, line 1, strike ``217'' and insert ``225''.
       On page 112, line 23, strike ``218'' and insert ``226''.
       On page 113, strike lines 6 and 7 and insert the following:

     SEC. 227. VIRGINIA BEACH, VIRGINIA.

       (a) Adjustment of Non-Federal Share.--Notwithstanding any 
     other provision of law, the non-Federal share
       On page 113, between lines 19 and 20, insert the following:
       (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).
       On page 115, strike lines 21 through 25 and insert the 
     following:

     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

[[Page S7777]]

     to bring together the expertise and resources of the Federal 
     and non-Federal communities in achieving national dam safety 
     hazard reduction.
       (c) Dam Safety Program.--Public Law 92-367 (33 U.S.C. 467 
     et seq.) is amended--
       (1) by striking the first section and inserting the 
     following:

     ``SECTION 1. SHORT TITLE.

       ``This Act may be cited as the `National Dam Safety Program 
     Act'.'';
       (2) by striking sections 5 and 7 through 14;
       (3) by redesignating sections 2, 3, 4, and 6 as sections 3, 
     4, 5, and 11, respectively;
       (4) by inserting after section 1 (as amended by paragraph 
     (1)) the following:

     ``SEC. 2. DEFINITIONS.

       ``In this Act:
       ``(1) Board.--The term `Board' means a National Dam Safety 
     Review Board established under section 8(h).
       ``(2) Dam.--The term `dam'--
       ``(A) means any artificial barrier that has the ability to 
     impound water, wastewater, or any liquid-borne material, for 
     the purpose of storage or control of water, that--
       ``(i) is 25 feet or more in height from--

       ``(I) the natural bed of the stream channel or watercourse 
     measured at the downstream toe of the barrier; or
       ``(II) if the barrier is not across a stream channel or 
     watercourse, from the lowest elevation of the outside limit 
     of the barrier;

     to the maximum water storage elevation; or
       ``(ii) has an impounding capacity for maximum storage 
     elevation of 50 acre-feet or more; but
       ``(B) does not include--
       ``(i) a levee; or
       ``(ii) a barrier described in subparagraph (A) that--

       ``(I) is 6 feet or less in height regardless of storage 
     capacity; or
       ``(II) has a storage capacity at the maximum water storage 
     elevation that is 15 acre-feet or less regardless of height;

     unless the barrier, because of the location of the barrier or 
     another physical characteristic of the barrier, is likely to 
     pose a significant threat to human life or property if the 
     barrier fails (as determined by the Director).
       ``(3) Director.--The term `Director' means the Director of 
     FEMA.
       ``(4) Federal agency.--The term `Federal agency' means a 
     Federal agency that designs, finances, constructs, owns, 
     operates, maintains, or regulates the construction, 
     operation, or maintenance of a dam.
       ``(5) Federal guidelines for dam safety.--The term `Federal 
     Guidelines for Dam Safety' means the FEMA publication, 
     numbered 93 and dated June 1979, that defines management 
     practices for dam safety at all Federal agencies.
       ``(6) FEMA.--The term `FEMA' means the Federal Emergency 
     Management Agency.
       ``(7) Hazard reduction.--The term `hazard reduction' means 
     the reduction in the potential consequences to life and 
     property of dam failure.
       ``(8) ICODS.--The term `ICODS' means the Interagency 
     Committee on Dam Safety established by section 7.
       ``(9) Program.--The term `Program' means the national dam 
     safety program established under section 8.
       ``(10) State.--The term `State' means each of the several 
     States of the United States, the District of Columbia, the 
     Commonwealth of Puerto Rico, the Virgin Islands, Guam, 
     American Samoa, the Commonwealth of the Northern Mariana 
     Islands, and any other territory or possession of the United 
     States.
       ``(11) State dam safety agency.--The term `State dam safety 
     agency' means a State agency that has regulatory authority 
     over the safety of non-Federal dams.
       ``(12) State dam safety program.--The term `State dam 
     safety program' means a State dam safety program approved and 
     assisted under section 8(f).
       ``(13) United states.--The term `United States', when used 
     in a geographical sense, means all of the States.'';
       (5) in section 3 (as redesignated by paragraph (3))--
       (A) by striking ``Sec. 3. As'' and inserting the following:

     ``SEC. 3. INSPECTION OF DAMS.

       ``(a) In General.--As''; and
       (B) by adding at the end the following:
       ``(b) State Participation.--On request of a State dam 
     safety agency, with respect to any dam the failure of which 
     would affect the State, the head of a Federal agency shall--
       ``(1) provide information to the State dam safety agency on 
     the construction, operation, or maintenance of the dam; or
       ``(2) allow any official of the State dam safety agency to 
     participate in the Federal inspection of the dam.'';
       (6) in section 4 (as redesignated by paragraph (3)), by 
     striking ``Sec. 4. As'' and inserting the following:

     ``SEC. 4. INVESTIGATION REPORTS TO GOVERNORS.

       ``As'';
       (7) in section 5 (as redesignated by paragraph (3)), by 
     striking ``Sec. 5. For'' and inserting the following:

     ``SEC. 5. DETERMINATION OF DANGER TO HUMAN LIFE AND PROPERTY.

       ``For'';
       (8) by inserting after section 5 (as redesignated by 
     paragraph (3)) the following:

     ``SEC. 6. NATIONAL DAM INVENTORY.

       ``The Secretary of the Army, acting through the Chief of 
     Engineers, may maintain and periodically publish updated 
     information on the inventory of dams in the United States.

     ``SEC. 7. INTERAGENCY COMMITTEE ON DAM SAFETY.

       ``(a) Establishment.--There is established an Interagency 
     Committee on Dam Safety--
       ``(1) comprised of a representative of each of the 
     Department of Agriculture, the Department of Defense, the 
     Department of Energy, the Department of the Interior, the 
     Department of Labor, FEMA, the Federal Energy Regulatory 
     Commission, the Nuclear Regulatory Commission, the Tennessee 
     Valley Authority, and the United States Section of the 
     International Boundary Commission; and
       ``(2) chaired by the Director.
       ``(b) Duties.--ICODS shall encourage the establishment and 
     maintenance of effective Federal and State programs, 
     policies, and guidelines intended to enhance dam safety for 
     the protection of human life and property through--
       ``(1) coordination and information exchange among Federal 
     agencies and State dam safety agencies; and
       ``(2) coordination and information exchange among Federal 
     agencies concerning implementation of the Federal Guidelines 
     for Dam Safety.

     ``SEC. 8. NATIONAL DAM SAFETY PROGRAM.

       ``(a) In General.--The Director, in consultation with ICODS 
     and State dam safety agencies, and the Board shall establish 
     and maintain, in accordance with this section, a coordinated 
     national dam safety program. The Program shall--
       ``(1) be administered by FEMA to achieve the objectives set 
     forth in subsection (c);
       ``(2) involve, to the extent appropriate, each Federal 
     agency; and
       ``(3) include--
       ``(A) each of the components described in subsection (d);
       ``(B) the implementation plan described in subsection (e); 
     and
       ``(C) assistance for State dam safety programs described in 
     subsection (f).
       ``(b) Duties.--The Director shall--
       ``(1) not later than 270 days after the date of enactment 
     of this paragraph, develop the implementation plan described 
     in subsection (e);
       ``(2) not later than 300 days after the date of enactment 
     of this paragraph, submit to the appropriate authorizing 
     committees of Congress the implementation plan described in 
     subsection (e); and
       ``(3) by regulation, not later than 360 days after the date 
     of enactment of this paragraph--
       ``(A) develop and implement the Program;
       ``(B) establish goals, priorities, and target dates for 
     implementation of the Program; and
       ``(C) to the extent feasible, provide a method for 
     cooperation and coordination with, and assistance to, 
     interested governmental entities in all States.
       ``(c) Objectives.--The objectives of the Program are to--
       ``(1) ensure that new and existing dams are safe through 
     the development of technologically and economically feasible 
     programs and procedures for national dam safety hazard 
     reduction;
       ``(2) encourage acceptable engineering policies and 
     procedures to be used for dam site investigation, design, 
     construction, operation and maintenance, and emergency 
     preparedness;
       ``(3) encourage the establishment and implementation of 
     effective dam safety programs in each State based on State 
     standards;
       ``(4) develop and encourage public awareness projects to 
     increase public acceptance and support of State dam safety 
     programs;
       ``(5) develop technical assistance materials for Federal 
     and non-Federal dam safety programs; and
       ``(6) develop mechanisms with which to provide Federal 
     technical assistance for dam safety to the non-Federal 
     sector.
       ``(d) Components.--
       ``(1) In general.--The Program shall consist of--
       ``(A) a Federal element and a non-Federal element; and
       ``(B) leadership activity, technical assistance activity, 
     and public awareness activity.
       ``(2) Elements.--
       ``(A) Federal.--The Federal element shall incorporate the 
     activities and practices carried out by Federal agencies 
     under section 7 to implement the Federal Guidelines for Dam 
     Safety.
       ``(B) Non-federal.--The non-Federal element shall consist 
     of--
       ``(i) the activities and practices carried out by States, 
     local governments, and the private sector to safely build, 
     regulate, operate, and maintain dams; and
       ``(ii) Federal activities that foster State efforts to 
     develop and implement effective programs for the safety of 
     dams.
       ``(3) Functional activities.--
       ``(A) Leadership.--The leadership activity shall be the 
     responsibility of FEMA and shall be exercised by chairing 
     ICODS to coordinate Federal efforts in cooperation with State 
     dam safety officials.
       ``(B) Technical assistance.--The technical assistance 
     activity shall consist of the transfer of knowledge and 
     technical information among the Federal and non-Federal 
     elements described in paragraph (2).
       ``(C) Public awareness.--The public awareness activity 
     shall provide for the education of the public, including 
     State and local officials, in the hazards of dam failure, 
     methods of reducing the adverse consequences of dam failure, 
     and related matters.

[[Page S7778]]

       ``(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, at a 
     minimum--
       ``(i) the authority to review and approve plans and 
     specifications to construct, enlarge, modify, remove, and 
     abandon dams;
       ``(ii) the authority to perform periodic inspections during 
     dam construction to ensure compliance with approved plans and 
     specifications;
       ``(iii) a requirement that, on completion of dam 
     construction, State approval must be given before operation 
     of the dam;
       ``(iv)(I) the authority to require or perform the 
     inspection, at least once every 5 years, of all dams and 
     reservoirs that would pose a significant threat to human life 
     and property in case of failure to determine the continued 
     safety of the dams and reservoirs; and
       ``(II) a procedure for more detailed and frequent safety 
     inspections;
       ``(v) a requirement that all inspections be performed under 
     the supervision of a State-registered professional engineer 
     with related experience in dam design and construction;
       ``(vi) the authority to issue notices, when appropriate, to 
     require owners of dams to perform necessary maintenance or 
     remedial work, revise operating procedures, or take other 
     actions, including breaching dams when necessary;
       ``(vii) regulations for carrying out the legislation of the 
     State described in this subparagraph;
       ``(viii) provision for necessary funds--

       ``(I) to ensure timely repairs or other changes to, or 
     removal of, a dam in order to protect human life and 
     property; and

       ``(II) if the owner of the dam does not take action 
     described in subclause (I), to take appropriate action as 
     expeditiously as practicable;

       ``(ix) a system of emergency procedures to be used if a dam 
     fails or if the failure of a dam is imminent; and
       ``(x) an identification of--

       ``(I) each dam the failure of which could be reasonably 
     expected to endanger human life;
       ``(II) the maximum area that could be flooded if the dam 
     failed; and
       ``(III) necessary public facilities that would be affected 
     by the flooding.

       ``(B) Funding.--For a State to be eligible for assistance 
     under this subsection, State appropriations must be budgeted 
     to carry out the legislation of the State under subparagraph 
     (A).
       ``(3) Work plans.--The Director shall enter into a contract 
     with each State receiving assistance under paragraph (2) to 
     develop a work plan necessary for the State dam safety 
     program of the State to reach a level of program performance 
     specified in the contract.
       ``(4) Maintenance of effort.--Assistance may not be 
     provided to a State under this subsection for a fiscal year 
     unless the State enters into such agreement with the Director 
     as the Director requires to ensure that the State will 
     maintain the aggregate expenditures of the State from all 
     other sources for programs to ensure dam safety for the 
     protection of human life and property at or above a level 
     equal to the average annual level of the expenditures for the 
     2 fiscal years preceding the fiscal year.
       ``(5) Approval of programs.--
       ``(A) Submission.--For a State to be eligible for 
     assistance under this subsection, a plan for a State dam 
     safety program shall be submitted to the Director.
       ``(B) Approval.--A State dam safety program shall be deemed 
     to be approved 120 days after the date of receipt by the 
     Director unless the Director determines within the 120-day 
     period that the State dam safety program fails to 
     substantially meet the requirements of paragraphs (1) through 
     (3).
       ``(C) Notification of disapproval.--If the Director 
     determines that a State dam safety program does not meet the 
     requirements for approval, the Director shall immediately 
     notify the State in writing and provide the reasons for the 
     determination and the changes that are necessary for the plan 
     to be approved.
       ``(6) Review of state dam safety programs.--Using the 
     expertise of the Board, the Director shall periodically 
     review State dam safety programs. If the Board finds that a 
     State dam safety program has proven inadequate to reasonably 
     protect human life and property, and the Director concurs, 
     the Director shall revoke approval of the State dam safety 
     program, and withhold assistance under this subsection, until 
     the State dam safety program again meets the requirements for 
     approval.
       ``(g) Dam Safety Training.--At the request of any State 
     that has or intends to develop a State dam safety program, 
     the Director shall provide training for State dam safety 
     staff and inspectors.
       ``(h) Board.--
       ``(1) Establishment.--The Director may establish an 
     advisory board to be known as the `National Dam Safety Review 
     Board' to monitor State implementation of this section.
       ``(2) Authority.--The Board may use the expertise of 
     Federal agencies and enter into contracts for necessary 
     studies to carry out this section.
       ``(3) Membership.--The Board shall consist of 11 members 
     selected by the Director for expertise in dam safety, of 
     whom--
       ``(A) 1 member shall represent the Department of 
     Agriculture;
       ``(B) 1 member shall represent the Department of Defense;
       ``(C) 1 member shall represent the Department of the 
     Interior;
       ``(D) 1 member shall represent FEMA;
       ``(E) 1 member shall represent the Federal Energy 
     Regulatory Commission;
       ``(F) 5 members shall be selected by the Director from 
     among dam safety officials of States; and
       ``(G) 1 member shall be selected by the Director to 
     represent the United States Committee on Large Dams.
       ``(4) Compensation of members.--
       ``(A) Federal employees.--Each member of the Board who is 
     an officer or employee of the United States shall serve 
     without compensation in addition to compensation received for 
     the services of the member as an officer or employee of the 
     United States.
       ``(B) Other members.--Each member of the Board who is not 
     an officer or employee of the United States shall serve 
     without compensation.
       ``(5) Travel expenses.--Each member of the Board shall be 
     allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for an employee of an agency 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from the home or regular place of business 
     of the member in the performance of services for the Board.
       ``(6) Applicability of federal advisory committee act.--The 
     Federal Advisory Committee Act (5 U.S.C. App.) shall not 
     apply to the Board.

     ``SEC. 9. RESEARCH.

       ``(a) In General.--The Director, in cooperation with ICODS, 
     shall carry out a program of technical and archival research 
     to develop--
       ``(1) improved techniques, historical experience, and 
     equipment for rapid and effective dam construction, 
     rehabilitation, and inspection; and
       ``(2) devices for the continued monitoring of the safety of 
     dams.
       ``(b) Consultation.--The Director shall provide for State 
     participation in research under subsection (a) and 
     periodically advise all States and Congress of the results of 
     the research.

     ``SEC. 10. REPORTS.

       ``(a) Report on Dam Insurance.--Not later than 180 days 
     after the date of enactment of this subsection, the Director 
     shall report to Congress on the availability of dam insurance 
     and make recommendations concerning encouraging greater 
     availability.
       ``(b) Biennial Reports.--Not later than 90 days after the 
     end of each odd-numbered fiscal year, the Director shall 
     submit a report to Congress that--
       ``(1) describes the status of the Program;
       ``(2) describes the progress achieved by Federal agencies 
     during the 2 preceding fiscal years in implementing the 
     Federal Guidelines for Dam Safety;
       ``(3) describes the progress achieved in dam safety by 
     States participating in the Program; and
       ``(4) includes any recommendations for legislative and 
     other action that the Director considers necessary.'';
       (9) in section 11 (as redesignated by paragraph (3))--
       (A) by striking ``Sec. 11. Nothing'' and inserting the 
     following:

     ``SEC. 11. STATUTORY CONSTRUCTION.

       ``Nothing'';
       (B) by striking ``shall be construed (1) to create'' and 
     inserting the following: ``shall--
       ``(1) create'';
       (C) by striking ``or (2) to relieve'' and inserting the 
     following:
       ``(2) relieve''; and
       (D) by striking the period at the end and inserting the 
     following: ``; or

[[Page S7779]]

       ``(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''.
       Beginning on page 137, strike line 13 and all that follows 
     through page 140, line 15, and insert the following:

     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 million for fiscal year 
     1997 and $24 million 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

[[Page S7780]]

     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 million 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.
       On page 148, between lines 5 and 6, insert the following:

     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.''.
       On page 148, line 6, strike ``333'' and insert ``334''.
       On page 153, after line 24, add the following:

     SEC. 335. REVIEW PERIOD FOR STATE AND FEDERAL AGENCIES.

       Paragraph (a) of the first section of the Act entitled ``An 
     Act authorizing the construction of certain public works on 
     rivers and harbors for flood control, and for other 
     purposes'', approved December 22, 1944 (33 U.S.C. 701-1(a)), 
     is amended--
       (1) in the ninth sentence, by striking ``ninety'' and 
     inserting ``30''; and
       (2) in the eleventh sentence, by striking ``ninety-day'' 
     and inserting ``30-day''.

     SEC. 336. DREDGED MATERIAL DISPOSAL FACILITIES.

       (a) In General.--Section 101 of the Water Resources 
     Development Act of 1986 (33 U.S.C. 2211) is amended by adding 
     at the end the following:
       ``(f) Dredged Material Disposal Facilities.--
       ``(1) In general.--The construction of all dredged material 
     disposal facilities associated with Federal navigation 
     projects for harbors and inland harbors, including diking and 
     other improvements necessary for the proper disposal of 
     dredged material, shall be considered to be general 
     navigation features of the projects and shall be cost-shared 
     in accordance with subsection (a).
       ``(2) Cost sharing for operation and maintenance.--
       ``(A) In general.--The Federal share of the cost of 
     operation and maintenance of each disposal facility to which 
     paragraph (1) applies shall be determined in accordance with 
     subsection (b).
       ``(B) Source of federal share.--The Federal share of the 
     cost of construction of dredged material disposal facilities 
     associated with the operation and maintenance of Federal 
     navigation projects for harbors and inland harbors shall be--
       ``(i) considered to be eligible operation and maintenance 
     costs for the purpose of section 210(a); and
       ``(ii) paid with sums appropriated out of the Harbor 
     Maintenance Trust Fund established by section 9505 of the 
     Internal Revenue Code of 1986.
       ``(3) Apportionment of funding.--The Secretary shall 
     ensure, to the extent practicable, that--
       ``(A) funding requirements for operation and maintenance 
     dredging of commercial navigation harbors are considered 
     fully before Federal funds are obligated for payment of the 
     Federal share of costs associated with the construction of 
     dredged material disposal facilities under paragraph (1); and
       ``(B) funds expended for such construction are equitably 
     apportioned in accordance with regional needs.
       ``(4) Applicability.--
       ``(A) In general.--This subsection shall apply to the 
     construction of any dredged material disposal facility for 
     which a contract for construction has not been awarded on or 
     before the date of enactment of this subsection.
       ``(B) Amendment of existing agreements.--The Secretary may, 
     with the consent of the non-Federal interest, amend a project 
     cooperation agreement executed before the date of enactment 
     of this subsection to reflect paragraph (1) with respect to 
     any dredged material disposal facility for which a contract 
     for construction has not been awarded as of that date.
       ``(5) Non-federal share of costs.--Nothing in this 
     subsection shall impose, increase, or result in the increase 
     of the non-Federal share of the costs of any existing dredged 
     material disposal facility authorized to be provided before 
     the date of enactment of this subsection.''.
       (b) Definition of Eligible Operations and Maintenance.--
     Section 214(2)(A) of the Water Resources Development Act of 
     1986 (33 U.S.C. 2241(2)(A)) is amended by inserting before 
     the period at the end the following: ``, dredging and 
     disposal of contaminated sediments that are in or that affect 
     the maintenance of a Federal navigation channel, mitigation 
     for storm damage and environmental impacts resulting from a 
     Federal maintenance activity, and operation and maintenance 
     of a dredged material disposal facility''.

     SEC. 337. APPLICABILITY OF COST-SHARING PROVISIONS.

       Section 103(e)(1) of the Water Resources Development Act of 
     1986 (33 U.S.C. 2213(e)(1)) is amended by adding at the end 
     the following: ``For the purpose of the preceding sentence, 
     physical construction shall be considered to be initiated on 
     the date of the award of a construction contract.''.

     SEC. 338. SECTION 215 REIMBURSEMENT LIMITATION PER PROJECT.

       (a) In General.--The last sentence of section 215(a) of the 
     Flood Control Act of 1968 (42 U.S.C. 1962d-5a(a)) is 
     amended--
       (1) by striking ``$3,000,000'' and inserting 
     ``$5,000,000''; and
       (2) by striking the second period at the end.
       (b) Modification of Reimbursement Limitation for San 
     Antonio River Authority.--Notwithstanding the last sentence 
     of section 215(a) of the Flood Control Act of 1968 (42 U.S.C. 
     1962d-5a(a)) and the agreement executed on November 7, 1992, 
     by the Secretary and the San Antonio River Authority, Texas, 
     the Secretary shall reimburse the San Antonio River Authority 
     in an amount not to exceed a total of $5,000,000 for the work 
     carried out by the Authority under the agreement, including 
     any amounts paid to the Authority under the terms of the 
     agreement before the date of enactment of this Act.

     SEC. 339. WAIVER OF UNECONOMICAL COST-SHARING REQUIREMENT.

       The first sentence of section 221(a) of the Flood Control 
     Act of 1970 (42 U.S.C. 1962d-5b(a)) is amended by inserting 
     before the period at the end the following: ``, except that 
     no such agreement shall be required if the Secretary 
     determines that the administrative costs associated with 
     negotiating, executing, or administering the agreement would 
     exceed the amount of the contribution required from the non-
     Federal interest''.

     SEC. 340. PLANNING ASSISTANCE TO STATES.

       Section 22 of the Water Resources Development Act of 1974 
     (42 U.S.C. 1962d-16) is amended--
       (1) in subsection (a), by inserting ``, watersheds, and 
     ecosystems'' after ``basins'';
       (2) in subsection (b)--
       (A) by striking paragraph (2); and
       (B) by redesignating paragraphs (3) and (4) as paragraphs 
     (2) and (3), respectively; and
       (3) in subsection (c)--
       (A) by striking ``$6,000,000'' and inserting 
     ``$10,000,000''; and
       (B) by striking ``$300,000'' and inserting ``$500,000''.

     SEC. 341. RECOVERY OF COSTS FOR CLEANUP OF HAZARDOUS 
                   SUBSTANCES.

       Any amount recovered under section 107 of the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (42 U.S.C. 9607) for any response action taken by the 
     Secretary in support of the civil works program of the Army 
     Corps of Engineers, and any amount recovered by the Secretary 
     from a contractor, insurer, surety, or other person to 
     reimburse the Secretary for any expenditure for environmental 
     response activities in support of the civil works program, 
     shall be credited to the trust fund account to which the cost 
     of the response action has been or will be charged.

[[Page S7781]]

     SEC. 342. CITY OF NORTH BONNEVILLE, WASHINGTON.

       Section 9147 of the Department of Defense Appropriations 
     Act, 1993 (Public Law 102-396; 106 Stat. 1940), is amended to 
     read as follows:

     ``SEC. 9147. CITY OF NORTH BONNEVILLE, WASHINGTON.

       ``(a) Conveyances.--
       ``(1) In general.--The project for Bonneville Lock and Dam, 
     Columbia River, Oregon and Washington, authorized by the Act 
     of August 20, 1937 (commonly known as the `Bonneville Project 
     Act of 1937') (50 Stat. 731, chapter 720; 16 U.S.C. 832 et 
     seq.), and modified by section 83 of the Water Resources 
     Development Act of 1974 (Public Law 93-251; 88 Stat. 35), is 
     further modified to authorize the Secretary of the Army to 
     convey to the city of North Bonneville, Washington (referred 
     to in this section as the `city'), at no further cost to the 
     city, all right, title, and interest of the United States in 
     and to--
       ``(A) any municipal facilities, utilities, fixtures, and 
     equipment for the relocated city, and any remaining lands 
     designated as open spaces or municipal lots not previously 
     conveyed to the city, specifically Lots M1 through M15, M16 
     (known as the `community center lot'), M18, M19, M22, M24, 
     S42 through S45, and S52 through S60, as shown on the plats 
     of Skamania County, Washington;
       ``(B) the lot known as the `school lot' and shown as Lot 2, 
     Block 5, on the plats of relocated North Bonneville, recorded 
     in Skamania County, Washington;
       ``(C) Parcels 2 and C, but only on the completion of any 
     environmental response activities required under applicable 
     law;
       ``(D) that portion of Parcel B lying south of the city 
     boundary, west of the sewage treatment plant, and north of 
     the drainage ditch that is located adjacent to the northerly 
     limit of the Hamilton Island landfill, if the Secretary of 
     the Army determines, at the time of the proposed conveyance, 
     that the Department of the Army has taken all actions 
     necessary to protect human health and the environment;
       ``(E) such portions of Parcel H as can be conveyed without 
     a requirement for further investigation, inventory, or other 
     action by the Secretary of the Army under the National 
     Historic Preservation Act (16 U.S.C. 470 et seq.); and
       ``(F) such easements as the Secretary of the Army considers 
     necessary for--
       ``(i) sewer and water line crossings of relocated 
     Washington State Highway 14; and
       ``(ii) reasonable public access to the Columbia River 
     across such portions of Hamilton Island as remain in the 
     ownership of the United States.
       ``(2) Timing of conveyances.--The conveyances described in 
     subparagraphs (A), (B), (E), and (F)(i) of paragraph (1) 
     shall be completed not later than 180 days after the United 
     States receives the release described in subsection (b)(2). 
     All other conveyances shall be completed expeditiously, 
     subject to any conditions specified in the applicable 
     subparagraph of paragraph (1).
       ``(b) Effect of Conveyances.--
       ``(1) Congressional intent.--The conveyances authorized by 
     subsection (a) are intended to resolve all outstanding issues 
     between the United States and the city.
       ``(2) Action by city before conveyances.--As prerequisites 
     to the conveyances, the city shall--
       ``(A) execute an acknowledgment of payment of just 
     compensation;
       ``(B) execute a release of all claims for relief of any 
     kind against the United States arising from the relocation of 
     the city or any Federal statute enacted before the date of 
     enactment of this subparagraph relating to the city; and
       ``(C) dismiss, with prejudice, any pending litigation 
     involving matters described in subparagraph (B).
       ``(3) Action by attorney general.--On receipt of the city's 
     acknowledgment and release described in paragraph (2), the 
     Attorney General shall--
       ``(A) dismiss any pending litigation arising from the 
     relocation of the city; and
       ``(B) execute a release of all rights to damages of any 
     kind (including any interest on the damages) under Town of 
     North Bonneville, Washington v. United States, 11 Cl. Ct. 
     694, aff'd in part and rev'd in part, 833 F.2d 1024 (Fed. 
     Cir. 1987), cert. denied, 485 U.S. 1007 (1988).
       ``(4) Action by city after conveyances.--Not later than 60 
     days after the conveyances authorized by subparagraphs (A) 
     through (F)(i) of subsection (a)(1) have been completed, the 
     city shall--
       ``(A) execute an acknowledgment that all entitlements to 
     the city under the subparagraphs have been fulfilled; and
       ``(B) execute a release of all claims for relief of any 
     kind against the United States arising from this section.
       ``(c) Authority of City Over Certain Lands.--Beginning on 
     the date of enactment of paragraph (1), the city or any 
     successor in interest to the city--
       ``(1) shall be precluded from exercising any jurisdiction 
     over any land owned in whole or in part by the United States 
     and administered by the Army Corps of Engineers in connection 
     with the Bonneville project; and
       ``(2) may change the zoning designations of, sell, or 
     resell Parcels S35 and S56, which are designated as open 
     spaces as of the date of enactment of this paragraph.''.

     SEC. 343. COLUMBIA RIVER TREATY FISHING ACCESS.

       Section 401(a) of Public Law 100-581 (102 Stat. 2944) is 
     amended--
       (1) by striking ``(a) All Federal'' and all that follows 
     through ``Columbia River Gorge Commission'' and inserting the 
     following:
       ``(a) Existing Federal Lands.--
       ``(1) In general.--All Federal lands that are included 
     within the 20 recommended treaty fishing access sites set 
     forth in the publication of the Army Corps of Engineers 
     entitled `Columbia River Treaty Fishing Access Sites Post 
     Authorization Change Report', dated April 1995,''; and
       (2) by adding at the end the following:
       ``(2) Boundary adjustments.--The Secretary of the Army, in 
     consultation with affected tribes, may make such minor 
     boundary adjustments to the lands referred to in paragraph 
     (1) as the Secretary determines are necessary to carry out 
     this title.''.

     SEC. 344. TRI-CITIES AREA, WASHINGTON.

       (a) General Authority.--As soon as practicable after the 
     date of enactment of this Act, the Secretary shall make the 
     conveyances to the local governments referred to in 
     subsection (b) of all right, title, and interest of the 
     United States in and to the property described in subsection 
     (b).
       (b) Property Descriptions.--
       (1) Benton county, washington.--The property to be conveyed 
     under subsection (a) to Benton County, Washington, is the 
     property in the county that is designated ``Area D'' on 
     Exhibit A to Army Lease No. DACW-68-1-81-43.
       (2) Franklin county, washington.--The property to be 
     conveyed under subsection (a) to Franklin County, Washington, 
     is--
       (A) the 105.01 acres of property leased under Army Lease 
     No. DACW-68-1-77-20 as executed by Franklin County, 
     Washington, on April 7, 1977;
       (B) the 35 acres of property leased under Supplemental 
     Agreement No. 1 to Army Lease No. DACW-68-1-77-20;
       (C) the 20 acres of property commonly known as ``Richland 
     Bend'' that is designated by the shaded portion of Lot 1, 
     Section 11, and the shaded portion of Lot 1, Section 12, 
     Township 9 North, Range 28 East, W.M. on Exhibit D to 
     Supplemental Agreement No. 2 to Army Lease No. DACW-68-1-77-
     20;
       (D) the 7.05 acres of property commonly known as ``Taylor 
     Flat'' that is designated by the shaded portion of Lot 1, 
     Section 13, Township 11 North, Range 28 East, W.M. on Exhibit 
     D to Supplemental Agreement No. 2 to Army Lease No. DACW-68-
     1-77-20;
       (E) the 14.69 acres of property commonly known as ``Byers 
     Landing'' that is designated by the shaded portion of Lots 2 
     and 3, Section 2, Township 10 North, Range 28 East, W.M. on 
     Exhibit D to Supplemental Agreement No. 2 to Army Lease No. 
     DACW-68-1-77-20; and
       (F) all levees in Franklin County, Washington, as of the 
     date of enactment of this Act, and the property on which the 
     levees are situated.
       (3) City of kennewick, washington.--The property to be 
     conveyed under subsection (a) to the city of Kennewick, 
     Washington, is the property in the city that is subject to 
     the Municipal Sublease Agreement entered into on April 6, 
     1989, between Benton County, Washington, and the cities of 
     Kennewick and Richland, Washington.
       (4) City of richland, washington.--The property to be 
     conveyed under subsection (a) to the city of Richland, 
     Washington, is the property in the city that is subject to 
     the Municipal Sublease Agreement entered into on April 6, 
     1989, between Benton County, Washington, and the cities of 
     Kennewick and Richland, Washington.
       (5) City of pasco, washington.--The property to be conveyed 
     under subsection (a) to the city of Pasco, Washington, is--
       (A) the property in the city of Pasco, Washington, that is 
     leased under Army Lease No. DACW-68-1-77-10; and
       (B) all levees in the city, as of the date of enactment of 
     this Act, and the property on which the levees are situated.
       (6) Port of pasco, washington.--The property to be conveyed 
     under subsection (a) to the Port of Pasco, Washington, is--
       (A) the property owned by the United States that is south 
     of the Burlington Northern Railroad tracks in Lots 1 and 2, 
     Section 20, Township 9 North, Range 31 East, W.M.; and
       (B) the property owned by the United States that is south 
     of the Burlington Northern Railroad tracks in Lots 1, 2, 3, 
     and 4, in each of Sections 21, 22, and 23, Township 9 North, 
     Range 31 East, W.M.
       (7) Additional properties.--In addition to properties 
     described in paragraphs (1) through (6), the Secretary may 
     convey to a local government referred to in any of paragraphs 
     (1) through (6) such properties under the jurisdiction of the 
     Secretary in the Tri-Cities area as the Secretary and the 
     local government agree are appropriate for conveyance.
       (c) Terms and Conditions.--
       (1) In general.--The conveyances under subsection (a) shall 
     be subject to such terms and conditions as the Secretary 
     considers necessary and appropriate to protect the interests 
     of the United States.
       (2) Special rules for franklin county.--The property 
     described in subsection (b)(2)(F) shall be conveyed only 
     after Franklin County, Washington, enters into a written 
     agreement with the Secretary that provides that the United 
     States shall continue to operate and maintain the flood 
     control drainage areas and pump stations on the property 
     conveyed and that the United

[[Page S7782]]

     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''.
       On page 154, line 1, strike ``334'' and insert ``348''.
       On page 116, line 6, insert the following after 
     ``authorized'': ``, to the extent funds are made available in 
     appropriations acts,''.

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