[Senate Report 106-183]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 316

106th Congress                                                   Report
                                 SENATE
 1st Session                                                    106-183

======================================================================





 
  TECHNICAL CORRECTIONS TO THE WATER RESOURCES DEVELOPMENT ACT OF 1999

                                _______
                                

                October 13, 1999.--Ordered to be printed

_______________________________________________________________________


    Mr. Chafee, from the Committee on Environment and Public Works, 
                        submitted the following

                              R E P O R T

                        [to accompany H.R. 2724]

      [Including cost estimate of the Congressional Budget Office]



    The Committee on Environment and Public Works, to which was 
referred the bill (H.R. 2724), to make technical corrections to 
the Water Resources Development Act of 1999, having considered 
the same, reports favorably thereon with an amendment and 
recommends that the bill do pass.

                           General Statement

    On August 5, 1999, the Senate passed the Water Resources 
Development Act of 1999 (WRDA 99), which subsequently was 
signed into law on August 17, 1999 (P.L. 106-53). As minor 
technical errors were immediately brought to the committee's 
attention by the U.S. Army Corps of Engineers, the House of 
Representatives passed on August 5, 1999, H.R. 2724, a bill to 
make technical corrections to WRDA 99.

                      Section-by-Section Analysis

Sec. 1. Environmental Infrastructure
    The bill includes language to correct references to the 
Environmental Infrastructure provision, Section 502 of the 
Water Resources Development Act of 1999 (P.L. 106-53).
    It was the intent of Congress to increase the authorization 
levels for two projects initially authorized by the Water 
Resources Development Act of 1992 (P.L. 102-580). The increase 
for these two projects, in Jackson County, Mississippi and 
Manchester, New Hampshire, were inadvertently omitted in the 
drafting of WRDA 99. This bill adds the authorization increase 
for the Jackson County project (from $10 million to $20 
million) and the authorization for the Manchester project (from 
$10 million to $30 million).
    In addition, the authorization levels were transposed for 
two New Jersey projects, one in the city of Elizabeth and the 
other for the North Hudson Sewerage Authority. H.R. 2724 
corrects this mistake so that the Elizabeth project is 
authorized at $10 million and the North Hudson Sewerage 
Authority is authorized at $20 million, as intended.
    H.R. 2724 also corrects the authorization levels for 
projects in Atlanta, Georgia, and Paterson and Passaic County, 
New Jersey, both of which were provided authorization amounts 
in two different sections of the public law. As corrected, $25 
million is authorized for Atlanta and $20 million is authorized 
for Paterson and Passaic County.
Sec. 2. Upper Mississippi River Environmental Management Program
    H.R. 2724 includes language to correctly describe Section 
509 of WRDA 99, the Upper Mississippi River Environmental 
Management Program. As the public law is written, section 
509(c)(3) provides $350,000 in authorization for the planning, 
construction, and evaluation of measures for fish and wildlife 
habitat rehabilitation and enhancement. Actually, the $350,000 
was intended to be authorized for the Advisory Committee, 
established under this provision to review projects, monitoring 
plans, and habitat and natural resource needs assessments. The 
amendment corrects this oversight.
Sec. 3. Delaware River, Pennsylvania and Delaware
    The Delaware River project modification, Section 346 of 
WRDA 99, incorrectly states the three conditions to which the 
Secretary must adhere in determining the validity of carrying 
out the project. The amendment includes language to change the 
word ``economically'' where it first appears in section 346 to 
``environmentally'' so that the section correctly reads: ``that 
the project is technically sound, environmentally acceptable, 
and economically justified.''
Sec. 4. Project Reauthorizations
    The bill includes language to correct administrative 
oversights and inconsistencies in Section 364 of WRDA 99 
regarding the reauthorization of projects. The amendment will 
establish a 7-year limit for the Secretary of the Army to 
determine that each of the listed projects is technically 
sound, environmentally acceptable, and economically justified. 
If no action is taken within 7 years of the date of enactment 
of this act, a project listed under Section 364 of WRDA 99 is 
deauthorized.
    In addition, the amendment will remove from the list of 
reauthorized provisions the Indian River County, Florida shore 
protection project, a project which has remained authorized and 
presently is being funded.
Sec. 5. Shore Protection
    Section 215 of WRDA 99 amends the Water Resources 
Development Act of 1986 (P.L. 99-602) to change the Federal/
non-Federal cost share formula for periodic nourishment 
projects. The amendment includes language to clarify that 
projects for which a District Engineer's Report is completed by 
December 31, 1999, receive the old cost-share formula, as these 
projects already were underway when Congress enacted the 
formula change.
Sec. 6. Dam Safety
    Section 504 of WRDA 99 provides assistance for dam safety 
at three sites. The amendment includes language to insert the 
designation ``No. 5'' after Kehly Run Dam, to distinguish which 
of the dams at this location is authorized under this 
provision.

                                Hearings

    No hearings were held on H.R. 2724, the Technical 
Corrections to the Water Resources Development Act of 1999.

                             Rollcall Votes

    On September 29, 1999, the Environment and Public Works 
Committee held a business meeting at which an amendment by 
Senators Chafee and Warner to H.R. 2724 was considered and 
agreed to by voice vote. The measure was reported favorably 
with an amendment.

                    Evaluation of Regulatory Impact

    Section 11(b) of rule XXVI of the Standing Rules of the 
Senate requires publication in the report the committee's 
estimate of the regulatory impact made by the bill as reported. 
No regulatory impact is expected by the passage of H.R. 2724. 
The bill will not affect the personal privacy of individuals.

                          Cost of Legislation

    Section 403 of the Congressional Budget and Impoundment Act 
requires that a statement of the cost of a reported bill, 
prepared by the Congressional Budget Office, be included in the 
report. That statement follows:
                                     U.S. Congress,
                               Congressional Budget Office,
                                   Washington, DC, October 7, 1999.

Hon. John H. Chafee, Chairman,
Committee on Environment and Public Works,
U.S. Senate, Washington, DC.

    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 2724, an act to 
make technical corrections to the Water Resources Development 
Act of 1999.If you wish further details on this estimate, we 
will be pleased to provide them. The CBO staff contacts are 
Megan Carroll (for federal costs), who can be reached at 226-
2860, and Marjorie Miller (for the State and local impact), who 
can be reached at 225-3220.
            Sincerely,
                                            Dan L. Crippen.
                              ----------                              


               Congressional Budget Office Cost Estimate

H.R. 2724, An act to make technical corrections to the Water Resources 
        Development Act of 1999, as ordered reported by the Senate 
        Committee on Environment and Public Works on September 29, 1999
    H.R. 2724 would make technical corrections to the Water 
Resources Development Act of 1999 and would amend the level of 
appropriations authorized for the Army Corps of Engineers 
(Corps) to carry out certain provisions of that act. Under H.R. 
2724, the total amount authorized to be appropriated to the 
Corps for providing technical, planning, and design assistance 
to nonfederal entities for certain water-related infrastructure 
projects would be reduced by $15 million.
    Based on information from the Corps, CBO estimates that 
implementing this legislation--by reducing amounts available to 
the Corps in future appropriations acts--would reduce 
discretionary spending by $15 million over the 2000-2004 
period. The act would not affect direct spending or receipts; 
therefore, pay-as-you-go procedures would not apply. H.R. 2724 
contains no intergovernmental or private-sector mandates as 
defined in the Unfunded Mandates Reform Act. State and local 
governments might incur some costs as a result of the bill's 
enactment, but these costs would be voluntary.
    The CBO staff contacts are Megan Carroll, who can be 
reached at 226-2860, and Marjorie Miller (for the State and 
local impact), who can be reached at 225-3220. This estimate 
was approved by Peter H. Fontaine, Deputy Assistant Director 
for Budget Analysis.

                        Changes to Existing Law

    In compliance with section 12 of rule XXVI of the Standing 
Rules of the Senate, changes in existing law made by the bill 
as reported are shown as follows: Existing law proposed to be 
omitted is enclosed in [black brackets], new matter is printed 
in italic, existing law in which no change is proposed is shown 
in roman:

                           Public Law 102-580

                WATER RESOURCES DEVELOPMENT ACT OF 1992

[As Amended Through P.L. 105-153, December 17, 1997]

           *       *       *       *       *       *       *


SEC. 219. ENVIRONMENTAL INFRASTRUCTURE.

           *       *       *       *       *       *       *

    (c) Project Descriptions.--The projects for which the 
Secretary is authorized to provide assistance under subsection 
(a) are as follows:
            (1) * * *
            [(5) Jackson county, mississippi.--Provision of an 
        alternative water supply for Jackson County, 
        Mississippi.]
            (5) Jackson county, mississippi.--Provision of an 
        alternative water supply and a project for the 
        elimination or control of combined sewer overflows for 
        Jackson County, Mississippi.

           *       *       *       *       *       *       *

    (e) Authorization of appropriations for construction 
assistance.--There are authorized to be appropriated for 
providing construction assistance under this section--
            (1) [$10,000,000] $20,000,000 for the project 
        described in subsection (c)(5);

           *       *       *       *       *       *       *

            (3) [$10,000,000] $30,000,000 for the project 
        described in subsection (c)(7);

           *       *       *       *       *       *       *

    (f) Additional assistance.--The Secretary may provide 
assistance under subsection (a) and assistance for construction 
for the following:
            (1) Atlanta, georgia.--The project described in 
        subsection (c)(2), modified to include [$25,000,000 
        for] watershed restoration and development in the 
        regional Atlanta watershed, including Big Creek and 
        Rock Creek.
            (2) Paterson, passaic county, and passaic valley, 
        new jersey.--The project described in subsection 
        (c)(9), modified to include [$20,000,000 for] drainage 
        facilities to alleviate flooding problems on Getty 
        Avenue in the vicinity of St. Joseph's Hospital for the 
        city of Paterson, New Jersey, and Passaic County, New 
        Jersey, and innovative facilities to manage and treat 
        additional flows in the Passaic Valley, Passaic River 
        basin, New Jersey.

           *       *       *       *       *       *       *

            (33) Elizabeth, new jersey.--[$20,000,000] 
        $10,000,000 for a project to eliminate or control 
        combined sewer overflows in the city of Elizabeth, New 
        Jersey.
            (34) North hudson, new jersey.--[$10,000,000] 
        $20,000,000 for a project to eliminate or control 
        combined sewer overflows [in the city of North Hudson, 
        New Jersey] for the North Hudson Sewerage Authority.

           *       *       *       *       *       *       *


                           Public Law 99-662

                WATER RESOURCES DEVELOPMENT ACT OF 1986

[As Amended Through P.L. 106-53, August 17, 1999]

           *       *       *       *       *       *       *


SEC. 103. FLOOD CONTROL AND OTHER PURPOSES.

           *       *       *       *       *       *       *

    (d) Certain other costs assigned to project purposes.--

           *       *       *       *       *       *       *

            (2) Periodic nourishment.--
                    (A) In general.--In the case of a project 
                authorized for construction after December 31, 
                1999, [or for which a feasibility study is 
                completed after that date] except for a project 
                for which a District Engineer's Report is 
                completed by that date, the non-Federal cost of 
                the periodic nourishment of the project, or any 
                measure for shore protection or beach erosion 
                control for the project, that is carried out--

           *       *       *       *       *       *       *

SEC. 1103. UPPER MISSISSIPPI RIVER PLAN.
    (a) * * *

           *       *       *       *       *       *       *

    (e) Program authority.--

           *       *       *       *       *       *       *

            (5) Authorization of appropriations.--There is 
        authorized to be appropriated to carry out [paragraph 
        (1)(A)(i)] paragraph (1)(B) $350,000 for each of fiscal 
        years 1999 through 2009.

           *       *       *       *       *       *       *


                           Public Law 106-53

WATER RESOURCES DEVELOPMENT ACT OF 1999

           *       *       *       *       *       *       *


SEC. 346. DELAWARE RIVER, PENNSYLVANIA AND DELAWARE.
    The project for navigation, Delaware River, Philadelphia to 
Wilmington, Pennsylvania and Delaware, authorized by section 
3(a)(12) of the Water Resources Development Act of 1988 (102 
Stat. 4014), is modified to authorize the Secretary to extend 
the channel of the Delaware River at Camden, New Jersey, to 
within 150 feet of the existing bulkhead and to relocate the 
40-foot deep Federal navigation channel, eastward within 
Philadelphia Harbor, from the Ben Franklin Bridge to the Walt 
Whitman Bridge, into deep water, if the Secretary determines 
that the project as modified is technically sound, 
[economically] environmentally acceptable, and economically 
justified.

           *       *       *       *       *       *       *

SEC. 346. PROJECT REAUTHORIZATIONS.
    [Each] Subject to section 1001(b)(2) of the Water Resources 
Development Act of 1986 (33 U.S.C. 579a(b)(2)), each of the 
following projects is authorized to be carried out by the 
Secretary, if the Secretary determines that the project is 
technically sound, environmentally acceptable, and economically 
justified, as appropriate:
    [(1) Indian river county, florida.--The project for shore 
protection, Indian River County, Florida, authorized by section 
501(a) of the Water Resources Development Act of 1986 (100 
Stat. 4134) and deauthorized under section 1001(b)(1) of the 
Water Resources Development Act of 1986 (33 U.S.C. 
579a(b)(1)).]
    [(2)] (1) Lido key beach, sarasota, florida.--
            (A) In general.--The project for shore protection, 
        Lido Key Beach, Sarasota, Florida, authorized by 
        section 101 of the River and Harbor Act of 1970 (84 
        Stat. 1819) and deauthorized under section 1001(b) of 
        the Water Resources Development Act of 1986 (33 U.S.C. 
        579a(b)), at a total cost of $5,200,000, with an 
        estimated Federal cost of $3,380,000 and an estimated 
        non-Federal cost of $1,820,000.
            (B) Periodic nourishment.--The Secretary may carry 
        out periodic nourishment for the project for a 50-year 
        period at an estimated average annual cost of $602,000, 
        with an estimated annual Federal cost of $391,000 and 
        an estimated annual non-Federal cost of $211,000.
    [(3)] (2) Cass river, michigan (vassar).--The project for 
flood protection, Cass River, Michigan (Vassar), authorized by 
section 203 of the Flood Control Act of 1958 (72 Stat. 311) and 
deauthorized under section 1001(b)(2) of the Water Resources 
Development Act of 1986 (33 U.S.C. 579a(b)(2)).
    [(4)] (3) Saginaw river, michigan (shiawassee flats).--The 
project for flood control, Saginaw River, Michigan (Shiawassee 
Flats), authorized by section 203 of the Flood Control Act of 
1958 (72 Stat. 311) and deauthorized under section 1001(b)(2) 
of the Water Resources Development Act of 1986 (33 U.S.C. 
579a(b)(2)).
    [(5)] (4) Park river, grafton, north dakota.--The project 
for flood control, Park River, Grafton, North Dakota, 
authorized by section 401(a) of the Water Resources Development 
Act of 1986 (100 Stat. 4121) and deauthorized under section 
1001(a) of that Act (33 U.S.C. 579a(a)), at a total cost of 
$28,100,000, with an estimated Federal cost of $18,265,000 and 
an estimated non-Federal cost of $9,835,000.
    [(6)] (5) Memphis harbor, memphis, tennessee.--The project 
for navigation, Memphis Harbor, Memphis, Tennessee, authorized 
by section 601(a) of the Water Resources Development Act of 
1986 (100 Stat. 4145) and deauthorized pursuant to section 
1001(a) of that Act (33 U.S.C 579a(a)), is authorized to be 
carried out by the Secretary.

           *       *       *       *       *       *       *

SEC. 504. DAM SAFETY.
    (a) Assistance.--The Secretary may provide assistance to 
enhance dam safety at the following locations:
            (1) * * *
            (2) Kehly Run Dam No. 5, Pennsylvania.

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